File #: 24-1126    Name: ETJ Facilities Agreement - JMT Academy at Custer Addition
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 1/16/2024 Final action: 1/16/2024
Title: Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Facilities Agreement for Lot 1, Block A, JMT Academy at Custer Addition, Located in the Extraterritorial Jurisdiction (ETJ) of McKinney, Texas, Situated on the Southeast Corner of Farm to Market Road 2478 Approximately 5,000 Linear Feet East of County Road 127
Attachments: 1. Resolution, 2. Agreement, 3. Location Map

Title

Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Facilities Agreement for Lot 1, Block A, JMT Academy at Custer Addition, Located in the Extraterritorial Jurisdiction (ETJ) of McKinney, Texas, Situated on the Southeast Corner of Farm to Market Road 2478 Approximately 5,000 Linear Feet East of County Road 127

 

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:                     January 16, 2024

 

DEPARTMENT:                      Engineering

 

CONTACT:                       Taylor Schauwecker, P.E., Development Engineering Manager

                     Matt Richardson, P.E., Assistant Director of Engineering

                     Gary Graham, P.E., Director of Engineering

 

RECOMMENDED CITY COUNCIL ACTION: 

                     Approval of the proposed facilities agreement.

 

ITEM SUMMARY: 

                     The applicant is proposing to plat an existing 2.584 acres of land within the City of McKinney’s Extraterritorial Jurisdiction (ETJ). The City has the authority to regulate platting within the ETJ in accordance with Chapter 212 of the Texas Local Government Code and Chapter 150 of the City of McKinney Code of Ordinances.

                     Provision of adequate infrastructure, including roadway, water, sewer, and drainage systems, is a critical component of subdivision regulations and is highly dependent on land use. Determinations regarding these systems cannot be made without consideration of land use. Within city limits, the zoning ordinance provides the framework for making these determinations.

                     Chapter 212 does not authorize the City to regulate land use within the ETJ; however, it does authorize the City to enter into a Development Agreement with a property owner regarding the provision of infrastructure and land use, among other standards.

                     The applicant has indicated to Staff the desire to not construct public improvements associated with the property and required by Chapter 150 of the Code of Ordinances. This agreement would relieve or defer the public improvements that exceed the amount that is roughly proportional to the proposed development on the subject property, including:

o                     The requirement to construct Stonebridge Drive, including the associated street lighting, sidewalks, underground drainage systems, and other appurtenances; and

o                     The requirement to construct on-site and, if necessary off-site, underground storm drainage facilities to capture storm water drainage upon and across the Property; and

o                     The requirement to construct a minimum twelve-inch (12”) diameter water line along Farm to Market Road 2478 including approximately four (4) miles of minimum offsite twelve-inch (12”) diameter water lines and appurtenances capable of supplying adequate domestic and fire flow to and through the Property from the nearest City of McKinney water line; and

o                     The requirement to construct a minimum eight-inch (8”) diameter sanitary sewer line through the Property together with approximately four and a half (4.5) miles of minimum offsite twelve-inch (12”) diameter sanitary sewer lines capable of serving the property. 

                     The City conditionally agrees to grant variances to the above requirements provided that the applicant agrees to certain additional requirements. This agreement establishes these requirements, including:

o                     The use of Lot 1, Block A shall be limited to seven (7) tennis courts, eight (8) pickleball courts, and one support building not to exceed one thousand six hundred (1,600) square feet. The use of the Property shall otherwise conform to the requirements of the C3 - Regional Commercial District as set out in Article 2, Section 204P of the Unified Development Code of the City of McKinney, Texas, as codified in Chapter 150 of the City’s Code of Ordinance, except for uses which traditionally accommodate the public and/or create high traffic volumes, such exceptions being identified in the agreement.

o                     The proposed plat shall dedicate easements and rights-of-way for future public infrastructure complying with Chapter 150 of the Code of Ordinances.

                     If, in the future, the property is further subdivided or replatted, or the use of the property is altered from the use identified in the agreement, then the relief or deferrals allowed by the agreement shall terminate.

 

BACKGROUND INFORMATION:

                     A plat is included as an attachment to the agreement.

 

FINANCIAL SUMMARY:

                     N/A

 

BOARD OR COMMISSION RECOMMENDATION:

                     N/A