AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Resolution 2023-20R, approving a first amended and restated Development Agreement with Franklin Mountain San Marcos 1, LP, in connection with the Development Case No. PDA-22-07; SMART Terminal, for approximately 2,017 acres more or less out of the William Petus Survey, Abstract No. 21 and the Thomas Maxwell Survey No. 17, Abstract No. 188, generally located between State Highway 80 and the Union Pacific Railroad, and between future FM 110 and State Highway 142; authorizing the City Manager to execute the agreement on behalf of the City; and providing an effective date; and consider approval of Resolution 2023-20R.
Body
Meeting date: January 17, 2023
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
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Background Information:
SMART Terminal was a 380 Economic Development Incentive and Development Agreement approved in 2019. The applicant is proposing an amendment to remove all incentives and to increase the land area covered by the agreement.
Many provisions of the original agreement remained in place including: 70% gross impervious cover limit, increased water quality and drainage requirements, and reiterated compliance with State and Federal Regulations.
Provisions added with this amendment include: a cut and fill exhibit, the use of stricter nuisance regulations found in the Code, and the dedication of land for two fire station sites and one park, not typically required for Industrial development.
Other notable terms within the agreement are listed in the attached presentation.
Council Committee, Board/Commission Action:
Mayor Hughson and Council Member Gleason met to discuss this request in August and October, 2022 with former Councilmember Baker. Councilmember Prather was selected as Councilmember Bakers replacement in November, 2022. In December, 2022 the Committee directed staff to bring the agreement forward for consideration by the full Council.
Alternatives:
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Recommendation:
Staff recommends approval as presented.