Title
Conduct a Public Hearing to Consider/Discuss a Request by the City of McKinney to Annex Approximately 127 Acres of Land Identified Herein Having a Population of Less Than 200 Persons Located in the John Emberson Survey - Abstract Number 294, and the Meredith Hart Survey - Abstract Number 371, and Including Adjacent Portions of FM 543 and CR 202 into the City of McKinney’s Corporate Limits
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: January 2, 2024
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Kaitlin Sheffield, CNU-A, Senior Planner
Alan Lathrom, City Attorney
RECOMMENDED CITY COUNCIL ACTION:
• Receive public comment regarding the proposed annexation.
ITEM SUMMARY:
• In accordance with Section 43.0686 of the Texas Local Government Code, this item is to conduct the second of three public hearings, following the validation of petition signatures. The city has received petition signatures from more than 50 percent of the owners of land in the area and is able to proceed with the city-initiated annexation of approximately 127 acres of land with a population of less than 200 into the corporate limits of McKinney.
• In accordance with State Law, the purpose of this public hearing is to provide interested persons with an opportunity to comment on the proposed annexation. No formal action on the proposed annexation occurs during this public hearing.
• The area proposed to be annexed is within the McKinney Extraterritorial Jurisdiction (ETJ) and can generally be described as the properties located on the north side of FM 543 and approximately 160 feet east of Lantana Drive and the southeast corner of FM 543 and CR 202, including the adjacent roadways of FM 543 and CR 202. The purpose of the ETJ is to promote and protect the general health, safety and welfare of persons residing in and adjacent to municipalities. While the Subdivision Ordinance applies to properties within the ETJ, the Zoning Ordinance does not.
• A portion of the proposed annexation area (south of FM 543) is currently subject to a pre-annexation development agreement that already contemplates annexation of the property into the city limits. However, the portions of the annexation area north of FM 543 are not subject to a pre-annexation agreement.
BACKGROUND INFORMATION:
• The city-initiated annexation of land with a population of less than 200 is governed by Chapter 43, Sub-Chapter C-4 of the Local Government Code and may only be approved if the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area. If the registered voters of the area do not own more than 50 percent of the land, the petition may be signed by more than 50 percent of the owners of land in the area.
• Annexation pursuant to Chapter 43, Sub-Chapter C-4 of the Local Government Code must comply with the following procedures (summarized from state law):
o Approval of a resolution stating the intent to annex the area.
The resolution must include a location map and description of the area proposed to be annexed and a description of each service to be provided by the municipality in the area should it be successfully annexed into the city. (Approved June 20, 2023 by Resolution No. 2023-06-085)
o Mailed notice to affected residents and property owners.
Mailed notice must be sent to each resident and property owner in the area proposed for annexation that includes information about the initial public hearing, an explanation of the petition period, and a description of each service to be provided by the municipality in the area should it be successfully annexed into the city. (Mailed June 26, 2023)
o Initial Public Hearing.
Following approval of the resolution and mailed notice to affected residents, an initial public hearing shall be held by City Council regarding the proposed annexation. (Held at the July 18, 2023 City Council meeting)
o Consent to Annex Petition.
Following approval of the resolution, mailed notice, and the initial public hearing, the city has up to 180 days to collect signatures from the registered voters or property owners of the area proposed to be annexed. At the conclusion of the petition period, signatures shall be validated by the city and the petition results shall be provided to the residents and property owners within the proposed annexation area. (Petitions mailed November 28, 2023, Petition results mailed December 26, 2023)
o Final Public Hearings.
Should the city receive signatures from more than 50 percent of the registered voters of the area or by more than 50 percent of the owners of land in the area, two additional public hearings shall be held by City Council to consider the annexation of the proposed area, pursuant to Section 43.0686 of the Local Government Code.
• In accordance with Section 43.0682 of the Texas Local Government Code, a service plan that outlines provision of services for the annexation area in the same manner by which the city extends services to any other area of the municipality was included with the approved resolution. The attached service plan includes the following sections:
A. Police Protection
B. Fire Protection
C. Fire Prevention
D. Solid Waste Collection
E. Water Service
F. Sanitary Sewer Service
G. Streets
H. Parks and Recreation
I. Environmental Health and Code Enforcement Services
J. Planning and Zoning
K. Miscellaneous
L. Capital Improvements Program
M. Other Municipal Services
• The proposed annexation area is located within the McKinney Independent School Districts. McKinney ISD has been informed of the proposed annexation.
FINANCIAL SUMMARY:
• If the properties identified for annexation are, in fact, annexed into the City of McKinney, they will be subject to ad valorem taxes (property taxes) to the City of McKinney on an annual basis.
• Additionally, upon annexation, the City will be obligated to provide full municipal services as outlined in the service plan, attached.