Title
Consider/Discuss the Growth and Annexation Program in McKinney
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: July 31, 2017
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, Planning Manager
Brian Lockley, AICP, CPM, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
• Receive presentation and discuss.
ITEM SUMMARY:
• This item is to provide an overview of the existing approach for growth and annexation in the City of McKinney.
• In November of 1999 the City of McKinney adopted its first Annexation Plan in order to remain in compliance with changes to Texas Local Government Code.
• In general, the 1999 Plan stated that “the City of McKinney has no plans or intent to annex any property that is required by law to be included in … [an] Annexation Plan.” The Plan went on to state that the City reserved the right to involuntarily annex certain properties under the exemption clause of Texas Local Government Code.
• Since adoption of the 1999 Municipal Annexation Plan, the corporate limits of McKinney grew from approximately 57 square miles to 68 square miles. In accordance with the Plan, this growth predominately occurred through voluntary annexation proceedings.
• However, the ultimate area of McKinney is roughly 116 square miles. This means that almost 50 square miles of unincorporated land still currently sits within McKinney’s extraterritorial jurisdiction (ETJ). While the city can exercise planning and subdivision authority within its ETJ, it cannot exercise land use control (i.e. zoning) or taxing authority over those unincorporated areas.
• In 2015, the City began considering a more systematic approach for annexing land into its corporate limits. The purpose of this was to implement the vision outlined in the recently adopted Northwest Sector Study Phase I Report, to ensure that the city remains aware of the intended and potentially unintended implications of annexation decisions, and to proactively prepare for the tremendous amount of growth that was/is expected to occur over the coming years.
• During this same time, the City of McKinney completed two involuntary annexations in accordance with Section 43.052(h) of the Texas Local Government Code and the 1999 McKinney Annexation Plan. The first was the annexation of approximately 675 acres at and around US 75 and Laud Howell Parkway (completed in 2015). The second was the annexation of approximately 400 acres at and around the McKinney National Airport (completed in 2016).
• Following the activities in 2015 and 2016, the City of McKinney formally amended the 1999 Municipal Annexation Plan in January 2017. Included in the 2017 Municipal Annexation Policy are the following major parts:
I. Purpose and Intent
II. Background
III. Planning for Annexations
IV. Evaluation Criteria for Annexations
V. Annexation Program
a. Municipal Annexation Plan (2017)
b. Annexations Exempt from the Municipal Annexation Plan
c. Voluntary Annexations
d. Disannexations
• As approved by City Council in January 2017, Staff feels as though the 2017 Policy allows the City to better protect the long term interests of the community as it relates to orderly growth patterns, development quality, the provision of infrastructure and services, and fiscal stability. A copy of the 2017 Municipal Annexation Policy is attached to this Agenda Item for your reference.
BACKGROUND INFORMATION:
• The annexation of land into a municipality’s corporate limits is authorized and governed by Chapter 43 of the Texas Local Government Code.
• In accordance with Texas Local Government Code, there are generally three ways that annexations can occur:
1. Annexations by Petition (Voluntary)
A private property owner (or owners) may request to be annexed into a City’s corporate limits. Historically speaking, the majority of land annexed in McKinney over the last 15 years has been voluntary.
2. Annexations in Accordance with a Municipal Annexation Plan (Involuntary)
Properties that are to be involuntarily annexed are identified on a map that is published publicly. The plan/map must be published for three years before annexation proceedings may occur. Generally speaking, only areas containing more than 100 separate tracts with residential dwellings are required to be in a municipal annexation plan. As part of the 2017 Annexation Policy, areas in McKinney’s ETJ were identified to be annexed under this category.
3. Annexations in Exception to a Municipal Annexation Plan (Involuntary)
Subsection 43.052(h) of the Texas Local Government Code indicates certain conditions and requirements that, if met, authorize a city to involuntarily annex property that is not shown on a Municipal Annexation Plan. The involuntary annexations that were approved in May 2015 (at US 75/Laud Howell Parkway) and April 2016 (at and around McKinney National Airport) were conducted under these exceptions.