Title
Consider/Discuss/Act on a Final Plat for Lot 1, Block A, of the Townsend Addition, Located within McKinney’s Extraterritorial Jurisdiction (ETJ) and Located Approximately 270 Feet East of Breezy Hill Road and on the North Side of North McDonald Street
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: July 16, 2024
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Jake Bennett, Planner II
APPLICATION SUBMITTAL DATE: June 24, 2024 (Original Application)
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed Final 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 Final 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 waiving the requirement to install a water system, identified in a Facilities Agreement; and
5. 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 plat approximately 4.95 acres as one lot.
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 land use, among other things.
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 if the property is only used for the purposes outlined in the agreement.
Per the provisions of the City’s Subdivision Ordinance, the proposed plat shall satisfy all
requirements for a final plat. Items currently not satisfied for the proposed final plat are shown on the attachment to this report titled “Conditions of Approval Summary.”
APPROVAL PROCESS: The City Council is the final approval authority for the proposed Final plat. To receive final approval of the plat, the applicant has the opportunity to make one resubmittal which addresses all items listed above.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no comments in support of or opposition to this request.