Title
Conduct a Public Hearing to Consider and Discuss on a Request to Annex the Subject Property, Located on the East Side of State Highway 5 (McDonald Street) and on the South Side of County Road 278
Summary
MEETING DATE: March 2, 2015 - Special Meeting
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Pickett, Planner II
RECOMMENDED CITY COUNCIL ACTION: Conduct the first of three public hearings regarding a voluntary petition for annexation.
In accordance with the Texas Local Government Code, the City Council will hold this first public hearing at the special meeting at 5:30 p.m. on March 2, 2015, and a second public hearing is scheduled for the regular City Council meeting on March 3, 2015 at 6:00 p.m. Final action regarding the petition for annexation will be considered at the April 7, 2015 City Council meeting, concurrently with a proposed zoning request.
ITEM SUMMARY:
· The applicant has submitted a petition for voluntary annexation to the City of McKinney for an approximately 306.59 acre tract of land. The subject property is located on the east side of State Highway 5 (McDonald Street) and on the south side of County Road 278.
· The subject property, if annexed, will be zoned pursuant to a pending zoning case (15-029Z) that will be considered at the April 7, 2015 City Council meeting. The associated zoning request will cover the same land area as contained within the annexation petition.
· The applicant has requested to zone the subject property "PD" - Planned Development District in order to develop the property for single family detached residential, a school with an associated park, and neighborhood business uses. It should be noted that the requested zoning for the property is in strict conformance with the uses and development standards included in the previously executed pre-annexation agreement (attached).
· The subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of McKinney. The purpose of the ETJ is to promote and protect the general health, safety and welfare of persons residing in and adjacent to the municipalities. The Subdivision Ordinance applies to properties within the ETJ; the Zoning Ordinance does not.
· The subject property is located within the Melissa Independent School District. Melissa ISD has been informed of the proposed annexation.
· Because this annexation is at the request of the property owner, the developer of the subject property will be responsible for extending adequate infrastructure to the subject property as the property is developed. Typically, an associated developer's agreement is completed at the same time as an annexation request; however, the applicant previously executed a pre-annexation agreement covering the provision of services for the subject property which was approved by the City Council on June 18, 2013 (see attached).
BACKGROUND INFORMATION:
1. Annexation and City Services.
· Due to the fact that the proposed annexation is voluntary, the City can annex the land even though it is not currently on the annexation plan (Texas Local Government Code §43.052 (h) (2)).
· The subject property that is proposed to be annexed is unpopulated.
· The McKinney Fire Department currently provides fire and medical emergency services in this area. Currently, police response is from Collin County. The Texas Local Government Code stipulates that police and fire services must be provided immediately upon annexation (Texas Local Government Code §43.056).
· The Texas Local Government Code stipulates that solid waste collection must be provided immediately upon annexation (Texas Local Government Code §43.056).
2. Public Improvements.
· All necessary public improvements will be required at time of platting, unless specified in an approved facilities agreement.
· The pre-annexation agreement specifies that upon development of the subject property, the applicant will be required to satisfy the requirements of the Zoning and Subdivision Ordinances.
· The pre-annexation agreement addresses roadway and utility impact fee waivers and payment of a proportionality fee, which represents a roughly proportional amount necessary to offset the roadway infrastructure capacity needs of the subject property.
FINANCIAL SUMMARY:
· Annexation of additional property has financial implications for the City.
· Although the developer will be responsible for upgrading roads and extending utilities as development occurs, the long-term maintenance of these facilities will be the City's responsibility.
· The ISO rating determines insurance rates in McKinney. Poor availability of water resources in proposed annexed areas could have a negative impact on ISO ratings.
o An ISO rating is based on a 105 point system:
o 40 points for water system (supply, distribution, fire flow, hydrants, maintenance, etc.)
o 50 points for evaluation of the Fire Department itself
o 10 points for alarm systems
o 5 points for code enforcement, plan review, etc.
· The effects of additional annexation on ISO ratings are cumulative. The City's current ISO rating is 1 on a scale of 1 to 10, with 1 being the best and 10 being the worst (Plano's rating is 1, Allen's is 2). The latest evaluation was conducted in 2014. An ISO rating of 1 is required to be evaluated every 4 years.
· The Fire Department has indicated that the proposed annexation request may have the potential for a negative impact upon the City's ISO rating due to extended response time to citizens living within the area to be annexed or due to the current water supply and roadway infrastructure to the property which may impact firefighting capabilities.
· Annexed parcels are subject to City property tax. This tract may currently have an agricultural valuation classification with Collin Appraisal District (CAD). An AG exemption is given to properties in active agricultural uses, which allows the property to have a lower appraisal value and thus, lower taxes. When property with an AG exemption is developed, it is subject to rollback taxes for each of the previous five years. As such, the owner would be required to pay County, ISD, and City taxes which had been exempted during that five-year period. Whenever this proposed tract is developed, the City would receive rollback taxes if the property has such an exemption.
BOARD OR COMMISSION RECOMMENDATION:
· N/A