File #: 22-0507    Name: Facilities Agreement - Dahl/Norris Homestead Addition
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 6/7/2022 Final action: 6/7/2022
Title: Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Facilities Agreement for Lots 1 and 2, Block A, Dahl/Norris Addition, Located in the ETJ of McKinney, approximately 2,100 Feet East of County Road 168 and on the South Side of County Road 125
Attachments: 1. Resolution, 2. ETJ Proportionality Agreement, 3. Location Map & Aerial Exhibit

Title

Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Facilities Agreement for Lots 1 and 2, Block A, Dahl/Norris Addition, Located in the ETJ of McKinney, approximately 2,100 Feet East of County Road 168 and on the South Side of County Road 125

 

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:                     June 7, 2022

 

DEPARTMENT:                      Engineering

 

CONTACT:                       Matt Richardson, P.E., Development Engineering Manager

                     Gary Graham, P.E., Director of Engineering

 

RECOMMENDED CITY COUNCIL ACTION: 

                     Approval of the proposed facilities agreement.

 

ITEM SUMMARY: 

                     The applicant is proposing to subdivide an existing 9.551 acre tract within the City of McKinney’s Extraterritorial Jurisdiction (ETJ) into two lots. The City has the authority to regulate platting within the ETJ in accordance with Chapter 212 of the Texas Local Government Code and Chapter 142 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 142 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 a minimum thirty-six foot (36’) wide concrete curb and gutter pavement section of County Road 165 and a minimum twenty-four foot (24’) wide concrete and gutter pavement section for County Road 125, 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 16-inch diameter water line along County Road 165 including approximately one (1) mile of offsite 16-inch minimum diameter water line and appurtenances capable of supplying adequate domestic and fire flow to through the Property from the nearest City of McKinney water line; and

o                     The requirement to construct a minimum 10-inch diameter sanitary sewer line to the Property together with approximately four (4) miles of offsite 36-inch minimum 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 Lots 1 and 2, Block A shall be limited to one single-family dwelling (detached) situated on each lot and conform to the requirements allowed in the RED-1 Residential Estates District as identified in Chapter 146 of the Code of Ordinances, 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 Sections 142 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:

                     The Preliminary-Final Plat, Case No. PLAT2022-0015PF and Agenda Item No. 22-0015PF, was previously approved with conditions on February 15, 2022. One of the required conditions was the approval of this Facilities Agreement.

 

FINANCIAL SUMMARY:

                     N/A

 

BOARD OR COMMISSION RECOMMENDATION:

                     N/A