AGENDA CAPTION:
Title
Consider approval of Ordinance 2024-45, on the first of two readings, terminating the LaSalle Municipal Utility District Consent Agreement, acknowledging release of land from the LaSalle Development Agreement, and approving release of land from the city’s extraterritorial jurisdiction; including procedural provisions; and declaring an effective date.
Body
Meeting date: September 3, 2024
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:
Prior Council Action: City Council previous approved MUD consent agreements and a development agreement for the LaSalle, now Waterstone, development as described in more detail below.
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Background Information:
The applicant is requesting termination of the previously approved Municipal Utility District (MUD) Consent Agreement, acknowledgement that the landowner has opted out of the LaSalle Development Agreement and formal approval of the request for release from the Extraterritorial Jurisdiction. The sequence of City Council approval of the two agreements is detailed below.
Given the history of this project, specifically the prior approvals for creation of MUD and authorization to develop the property, staff finds this request unique and offers support for the request for the following reasons:
• The development agreement allowed property owners to opt out of the agreement (Section 2.08). As of August 2023 all property owners have provided letters to the City opting out of the development agreement.
• The development is not within the City’s service area for any utilities.
• Future annexation is unlikely because MUD debt must first be retired, and individual lot owners must request annexation per state law.
Consent Agreement History
- April 16, 2013 MUD 2-5 Consent Agreement Approval
- March 4, 2014 MUD 1 Consent Agreement Approval
- May 19, 2015 MUD 2-5 Consent Agreement Amendment
- December 6, 2016 MUD 1-5 Consent Agreement Amendment
- November 21, 2017 MUD 1-5 Consent Agreement Amendment
The consent agreements offered the City’s consent to the creation of the Municipal Utility Districts (MUD) and required the developer enter into a development agreement with the City.
Development Agreement History
- October 6, 2014 Development Agreement Approval
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Staff recommends approval of the ordinance as presented.