File #: 13-120M2    Name: Wilson 155 Development Agreement (ETJ)
Type: Agenda Item Status: Approved
In control: City Council Regular Meeting
On agenda: 7/16/2013 Final action: 7/16/2013
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Development Agreement (ETJ) with Central and Fannin Wilson 155, L.L.L.P., Being Fewer than 154 Acres, Located on the North and South Sides of Future F.M. 543 and West of U.S. Highway 75 (Central Expressway)
Attachments: 1. Agenda Item Summary, 2. PZ Meeting Minutes, 3. Proposed Development Agreement
Related files: 13-120M, 13-099Z2, 13-099Z
Title
Conduct a Public Hearing to Consider/Discuss/Act on a Development Agreement (ETJ) with Central and Fannin Wilson 155, L.L.L.P., Being Fewer than 154 Acres, Located on the North and South Sides of Future F.M. 543 and West of U.S. Highway 75 (Central Expressway)
 
 
Summary
MEETING DATE:      July 16, 2013
 
DEPARTMENT:       Planning
 
CONTACT:              Michael Quint, Director of Planning
                  Barry Shelton, AICP, Executive Director of Development Services
                  Rob Daake, P.E., Deputy City Manager
                  Mark Houser, City Attorney
 
RECOMMENDED CITY COUNCIL ACTION:      
  • Staff recommends approval of the proposed development agreement.
 
ITEM SUMMARY:  
  • The property owner and the City of McKinney are proposing to enter into a development agreement under Section 212.172 of the Texas Local Government Code that will govern the development of the subject property, both prior to and after annexation into the City.
  • The development regulations of the proposed development agreement (ETJ) are identical to those contained in the associated zoning request (13-099Z).
 
BACKGROUND INFORMATION:  
  • The proposed development agreement generally governs the following aspects of development:
  • The property owner agrees to dedicate to the City approximately 8 acres of right-of-way for the realignment/construction of FM 543.
  • The property owner agrees to dedicate to the City approximately 24 acres of drainage easements, slope easements, temporary access easements, and temporary construction easements.
  • The City agrees to construct FM 543.
  • For the dedication of right-of-way and easements, the City agrees to grant $1.15MM in roadway impact fee credits.
  • The City agrees to construct a valley storage swale and remove not more than 69,000 cubic yards of soil which is to be used in the construction of FM 543.
  • The uses and development regulations contained within the development agreement (Article II) shall determine the manner in which the property is developed. Generally, the subject property shall be utilized for commercial (office and retail) uses. The development regulations are fixed for at least 7 years; however under certain circumstances amendments will apply to development.
  • The term of the agreement is 15 years.
 
FINANCIAL SUMMARY:  
  • None.
 
BOARD OR COMMISSION RECOMMENDATION:
  • Typically, a development agreement (ETJ) is utilized when the property owner and the City of McKinney wish to lock in specific development regulations or other terms when annexation is not imminent. In these typical cases, only the City Council considers the agreement.
  • In this case, the property owner is wishing to concurrently establish a number of development regulations under a development agreement (ETJ) in conjunction with an associated annexation and zoning case. Because of this atypical request, Staff felt it necessary to give the public and the Planning and Zoning Commission an opportunity to consider portions of the agreement since it will govern the use and development of the property during the term of the agreement. The scope of the Commission's review and consideration was limited to Article II of the attached development agreement.
  • At the June 25, 2013, Planning and Zoning Commission meeting, the Commission unanimously recommended approval of the proposed development agreement (ETJ).