File #: 24-2199    Name: Promesa ETJ Request
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 11/19/2024 Final action: 11/19/2024
Title: Consider/Discuss/Act on a Property Owner's Petition Requesting that Land Previously Requested Be Released From the City Of McKinney's Extraterritorial Jurisdiction (ETJ) be Added Back into the Extraterritorial Jurisdiction, and Accompanying Ordinance
Attachments: 1. Proposed Ordinance, 2. Letter of Intent, 3. ETJ Petition, 4. ETJ Exhibit, 5. Metes and Bounds

Title

Consider/Discuss/Act on a Property Owner’s Petition Requesting that Land Previously Requested Be Released From the City Of McKinney’s Extraterritorial Jurisdiction (ETJ) be Added Back into the Extraterritorial Jurisdiction, and Accompanying Ordinance

 

Summary

 

COUNCIL GOAL:                     Direction for Strategic and Economic Growth

 

MEETING DATE:                     November 19, 2024

 

DEPARTMENT:                      Development Services - Planning Department

 

CONTACT:                                            Jennifer Arnold, AICP, Director of Planning

Caitlyn Strickland, AICP, Planning Manager

Alan D. Lathrom, Assistant City Attorney

RECOMMENDED CITY COUNCIL ACTION:

                     Approval

ITEM SUMMARY: 

                     The owner of approximately 29.740 acres of land applicant has submitted a petition for voluntary annexation into the City of McKinney. 

                     The owner of the subject property is still working out the details related to the annexation of the land into the City’s corporate limits.

                     The subject property is contiguous to the City’s corporate limits, but it is not currently in the City’s ETJ.

                     The subject property was released from the City’s ETJ as a matter of law in March of 2024 pursuant to the written petition of the owner of the property.

                     Texas Local Government Code Section 43.014 only allows property to be annexed into the City’s corporate limits if the property is in the City’s ETJ and contiguous to the City’s corporate limits unless the city owns the land area.

                     This item, if approved, will allow the annexation of the subject property into the City’s corporate limits to be brought back to the City Council for consideration at a future date after the details are resolved.

                     Staff recommends adding the subject property back into the City’s ETJ. 

BACKGROUND INFORMATION: 

                     ETJ and Annexation.

                     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 was previously located in the Extraterritorial Jurisdiction (ETJ) of the City of McKinney.

                     The owner of the property petitioned the City to release the property from the City’s ETJ on January 24, 2024.  The property was automatically released from the City’s ETJ by operation of law under Texas Local Government Code Sections 42.105(d). 

                     The owner of the property has now petitioned the City to annex the subject property into the City’s corporate limits.

                     Texas Local Government Code Section 43.014 only allows property to be annexed into the City’s corporate limits if the property is in the City’s ETJ and contiguous to the City’s corporate limits unless the city owns the land area.

                     This Ordinance would bring the subject property back into the City’s ETJ so it would be possible for the City to annex the subject property at some time in the future.

FINANCIAL SUMMARY:  N/A

BOARD OR COMMISSION RECOMMENDATION:                     N/A