Title
Consider/Discuss/Act on a Preliminary Plat for Lots 1-7 and CA1, Block A, and Lots 1-8, Block B, of the Morning Star Subdivision Addition, Located in the McKinney Extraterritorial Jurisdiction (ETJ), and Located Approximately 2700 Feet East of the Intersection of FM 2478 and County Road 170 and on the South side of County Road 170
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: December 3, 2024
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Roderick Palmer, Planner II
APPLICATION SUBMITTAL DATE: September 24, 2024 (Original Application)
November 15, 2024 (Resubmittal)
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed preliminary plat with the following conditions:
1. The items currently marked as “not met” on the attached Conditions of Approval Summary be satisfied prior to issuing final plat approval; and
2. The applicant satisfy the conditions as shown on the Standard Conditions for Preliminary Plat Approval Checklist, attached.
3. The applicant receive approval of a Facilities Agreement;
4. The applicant receive a variance to Section 307.C (Improvements) of the Subdivision Ordinance to not install a sanitary sewer system, identified in a Facilities Agreement; and
5. The applicant receive a variance to Section 301-E (Improvements Required) of the Subdivision Ordinance to not escrow or construct Public Improvements, identified in a Facilities Agreement; and
6. The applicant receive a variance to Section 307-C (Improvements) of the Subdivision Ordinance waiving the requirement to install roadway improvements identified in a Facilities Agreement; and
7. The applicant receive a variance to Section 307-C (Improvements) of the Subdivision Ordinance waiving the requirement to install a water system, identified in a Facilities Agreement; and
8. The applicant receive a variance to Section 308-D (Buffering Standards) of the Subdivision Ordinance to not require the 20ft Common Area (Buffer) for lots siding a street where the ultimate width is greater than 60ft, with a 20ft no build zone identified on the plat and in a Facilities Agreement; and
9. The associated facilities agreement be filed with the county prior to filing the Final Plat, subject to review and approval of the City Attorney
ITEM SUMMARY: The applicant is proposing to subdivide 20.00 acres into 15 lots and 1 common area for development in the City of McKinney’s Extraterritorial Jurisdiction (ETJ). The City has the authority to regulate subdivisions and platting within the ETJ in accordance with Chapter 212 of the Texas Local Government Code and Article 3 (Subdivision Regulations) of the City of McKinney Unified Development Code.
Given the fact that the Texas Local Government Code does not authorize the City to regulate land uses in the ETJ, if the applicant were required to extend public improvements to and through the property as required by the Subdivision Ordinance, it may open up other ETJ properties for development which may not be consistent with the vision outlined by the City’s Comprehensive Plan. For this primary reason, Staff is comfortable entering into a Facilities Agreement and supportive of the request to not install a landscape buffer in the form of a common area if the property is only used for the purposes outlined in the agreement.
The proposed plat was previously considered for disapproval during staff review on October 17, 2024. Since that time, the applicant has worked with staff to address the noted plat deficiencies and staff is now recommending approval of the proposed preliminary plat with conditions.
Per the provisions of the City’s Subdivision Ordinance, the proposed plat shall satisfy all requirements for a preliminary plat. Items currently not satisfied for the proposed preliminary plat are shown on the attachment to this report titled “Conditions of Approval Summary.”
APPROVAL PROCESS: The City Council will be the final approval authority for the proposed preliminary plat.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no comments in support of or opposition to this request. This does not include emails or letters that may have been sent directly to members of the Council. As part of the City Council Public Hearing(s), Staff has not received any citizen comments through the online citizen portal.