Title
Conduct a Public Hearing to Consider/Discuss/Act on a Petition to Annex Certain Land (the “Property”), Located on the South Side of Bloomdale Road and Approximately 1,300 Feet East of County Road 943, Adjacent to Phase 1 and Phase 2 of the Erwin Farms Addition Along a Portion of its Southern Boundary, and Adjacent to Phase 3 of the Erwin Farms Addition Along its Eastern Boundary, and Related Ordinance(s) and Agreements
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a strong city economy by facilitating a balance between industrial, commercial, residential and open space)
MEETING DATE: March 16, 2021
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, Planning Manager
Kaitlin Gibbon, Planner II
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed annexation request, including any related ordinances and agreements.
APPLICATION SUBMITTAL DATE: December 22, 2020 (Original Application)
ITEM SUMMARY:
Petition to Annex
• Pursuant to Chapter 43 (Sub-Chapter C-3) of the Texas Local Government Code, the applicant has submitted a petition for voluntary annexation into the City of McKinney for approximately 60.123 acres of land. The subject property is located approximately 1,300 feet east of County Road 943 and on the south side of Bloomdale Road.
• The subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of McKinney. The purpose of the ETJ is to promote the general health, safety and welfare of a person residing in and adjacent to the municipalities. The Subdivision Ordinance applies to property within the ETJ; the Zoning Ordinance does not.
• The subject property is located within the McKinney Independent School District. McKinney 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. The owner of the property has previously entered into a Development Agreement with the City of McKinney pursuant to Chapter 212.172 of the Texas Local Government Code generally to establish the annexation, development, and infrastructure standards for the subject property. This agreement was considered and approved by the City Council at the December 15, 2020 Regular Meeting. In association with tonight’s annexation request, an amendment to the existing agreement is also being proposed to merge and incorporate language typically found in a standard annexation agreement. All other items included in the existing Development Agreement remain the same.
• As required by State Law, the applicant has also executed an agreement outlining the provision of municipal services associated with the proposed annexation (known as the Service Plan). This agreement for services will be included as an exhibit to the Annexation Ordinance.
Associated Zoning Request (Agenda Item #21-0022Z)
• If annexed, the subject property will need to be zoned pursuant to the City’s Zoning Ordinance. In a pending zoning case, also on tonight’s City Council Agenda (Agenda Item #21-0022Z), the applicant is proposing to zone the property generally for single family residential uses. The associated zoning request will be subject to compliance with any existing agreements or exhibits included with the annexation petition and will cover the same land area as contained within the annexation petition.
BACKGROUND INFORMATION:
1. Annexation and City Services.
• The annexation of land is governed by Chapter 43, Sub-Chapter C-3 of the Texas Local Government Code. This code section outlines the steps and procedures that must be followed in order to incorporate land that is within a municipality’s extraterritorial jurisdiction (ETJ) into its corporate city limits on request of the owner(s). The proposed annexation is following these statutory obligations.
• The subject property that is proposed to be annexed is vacant land.
• 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 pursuant to the terms outlined in the written agreement for the provision of municipal services (known as the Service Plan).
• The Texas Local Government Code stipulates that solid waste collection must be available pursuant to the terms outlined in the written agreement for the provision of municipal services (known as the Service Plan).
2. Development Requirements.
• All necessary public improvements will be required at time of platting, unless otherwise specified in an approved facilities, development, or annexation agreement.
• Upon annexation into the city, the subject property will be subject to the Zoning Ordinance and Subdivision Ordinance, unless otherwise specified in an approved facilities, development, or annexation agreement.
• Upon annexation into the city, development of the subject property will be subject to the payment of a proportionality fee and/or impact 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. However, based on the size and location of the property being annexed, it is not expected to have a significant financial impact to 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. The latest evaluation was conducted in 2018. An ISO rating of 1 is required to be evaluated every 4 years.
• 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