Extraterritorial Jurisdiction Issues Related to DWU Pipeline Land Acquisition. City Council Economic Development Committee Briefing October 1, 2007

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Melvin Elvin Morton
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1 Extraterritorial Jurisdiction Issues Related to DWU Pipeline Land Acquisition City Council Economic Development Committee Briefing October 1, 2007

2 Purpose Provide background on a municipalities regulatory authority in their extraterritorial jurisdiction (ETJ). Provide information on: A request for Dallas to waive ETJ on approximately 265 acres A request for Dallas to Petition City of McLendon Chisholm to include Dallas owned property in McLendon Chisholm ETJ Propose future briefing to receive guidance on general policies regarding requests impacting the City s ETJ; requests for waviers and creation of municipal utility districts (MUDs) Economic Development Committee, October 1,

3 Background Extraterritorial jurisdiction is the unincorporated territory contiguous to the corporate boundaries of a municipality The purpose of an ETJ is to promote and protect the general health, safety and welfare in areas adjacent to municipalities corporate city limits Cities may enforce platting regulations and environmental regulations in their ETJ but may not enforce zoning regulations Economic Development Committee, October 1,

4 Background Each city is assigned an ETJ based on population size ½ mile population fewer than 5,000 1 mile 5,000 to 24,999 2 miles 25,000 to 49,999 3 ½ miles 50,000 to 99,999 5 miles 100,000 and over Economic Development Committee, October 1,

5 Background Dallas has a 5 mile ETJ based on a population over 100,000 The ETJ of a municipality expands with each annexation The ETJ expansion may not include any area in the existing ETJ of another municipality Economic Development Committee, October 1,

6 Background In 1963, Dallas annexed a strip between Mesquite and Garland to access a proposed new lake (Lake Ray Hubbard) In the late 60 s and early 70 s, the City of Dallas negotiated with several cities regarding the development of this lake The results required these cities to disannex some properties and waive ETJ on other properties in favor of Dallas Economic Development Committee, October 1,

7 Background In 1975, Dallas annexed approximately 39 square miles for the development of Lake Ray Hubbard With the annexation, Dallas ETJ was expanded 5 miles into unincorporated portions of Rockwall and Kaufman Counties Economic Development Committee, October 1,

8 Dallas ETJ Economic Development Committee, October 1,

9 Background State law allows cities to reduce the size of their ETJs by written consent of the governing bodies State law also allows cities to expand ETJs beyond the distance requirements if the owners of property petition the municipality for inclusion in their ETJ Economic Development Committee, October 1,

10 Background DWU Raw Water Pipelines Currently two pipelines, one 72 inch and one 84 inch, run from Lake Tawakoni to the East Side Plant in 130 ft to 150 ft of right-ofway New 144 inch pipeline requires additional 130 ft of right-of-way Economic Development Committee, October 1,

11 Current ETJ Request The applicant owns 1500 acres in Rockwall and Kaufman counties, 256 of which are in Dallas ETJ The applicant has requested that the 256 acres currently located in the Dallas ETJ, be waived in favor of McLendon Chisholm Economic Development Committee, October 1,

12 McClendon -Chisholm Heath ETJ Dallas Aqueduct Waiver property Mann/Seay Properties Dallas ETJ Economic Development Committee, October 1,

13 Current ETJ Request The applicant additionally requests that Dallas petition the City of McLendon Chisholm to include in McLendon Chisholm s ETJ approximately 56 acres that Dallas owns (DWU raw water line) which would ultimately allow all 1500 acres of the applicant s property to be included in McLendon Chisholm s ETJ Economic Development Committee, October 1,

14 Current ETJ Request The applicant has offered to provide adequate additional right-of-way to accommodate new 144 inch raw water pipeline. Economic Development Committee, October 1,

15 McClendon -Chisholm Heath ETJ Dallas Aqueduct Waiver property Mann/Seay Properties Dallas ETJ Economic Development Committee, October 1,

16 Economic Development Committee, October 1,

17 Recommendation Approval of the applicant s request subject to transfer of necessary right-ofway to accommodate new raw water line Economic Development Committee, October 1,

18 Proposal Benefits City Benefits Avoid time lost in any condemnation Avoid any costs associated with land acquisition in this area Developer Benefits Development in only one ETJ proceeding under a single set of standards Economic Development Committee, October 1,

19 Next Step Resolution, petition and ordinance to accomplish these requests tentatively scheduled for an October City Council agenda Schedule future briefing to receive guidance on general policies regarding requests impacting the City s ETJ requests for waivers requests for creation of municipal utility districts (MUDs) Economic Development Committee, October 1,

20 McClendon -Chisholm Heath ETJ Dallas Aqueduct Waiver property Mann/Seay Properties Dallas ETJ Economic Development Committee, October 1,

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION Three Sisters Road: Abandonment No. AB740 MCPB Item No. 11 Date: 5-1-14 Katherine Holt, Senior Planner,