| Agenda Item: | 9.
| | Agenda Title: | Discuss and consider action on a Development Agreement for a single family rural residential subdivision located on 128.256 acre of land approximately 900-feet west of Cueva Drive and Hamilton Pool Road and generally known as the Grumbles tract.
| Council Action:
| Discuss and Consider Action
| | Department: | Planning and Development
| | Staff Contact: | Lindsey Oskoui
|
1. INTRODUCTION/PURPOSE
Discuss and consider action or postponement of action on a proposed Development Agreement.
2. DESCRIPTION/JUSTIFICATION
a) Background
In 2013, the City initiated annexation on this 128 acre property. State law mandates that as part of the annexation process, a municipality offer affected landowners with agricultural exemptions through the local taxing authority the opportunity to execute a Development Agreement in lieu of being annexed.
This Development Agreement protects the landowner's agricultural activities related to their tax exemption and keeps the property outside City limits until such time as the land owner applies for a development permit that would change the use on the subject property. In 2013, the Grumbles family elected to execute such an Agreement, available here.
In 2016, the land owner authorized a developer to submit an application for a single family project on this property and provided the requisite petition for annexation to the City. A pre-concept presentation was held before Planning & Zoning Commission and City Council on 2/2/2016 and 2/9/2016, respectively.
The Development Agreement was before you on December 6 and December 13 for discussion, only. Links to audio from each meeting is available below:
12/6/16
12/13/16 starts around 5:46:30
b) Issues and Analysis
On 1/5/17, the developer submitted updated materials in response to the discussion at Council on 12/6 and 12/13 (original transmittal letter available here.) Our preliminary assessment is that the resubmission moved the dial in the direction of Council feedback on some items, but introduced/removed other aspects with which we are not in agreement and/or haven't had time to properly vet. The updated documents are attached.
Staff is still reviewing the submission, drafting comments and a comparison, and therefore, recommends no action at Tuesday's meeting.
3. FINANCIAL/BUDGET
| Amount Requested | | | Fund/Account No. | | | Cert. Obligation | | | GO Funds | | | Other source | | | Grant title
| | | Addtl tracking info | |
4. TIMELINE CONSIDERATIONS
The developer requests action be taken on the Development Agreement prior to action on annexation. If the DA is not approved, the property owner intends to withdraw the request for annexation.
5. RECOMMENDATION
No action/postponement.
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