04/14/2004-CC-Agenda Packet-Work SessionAGENDA
CiTY COUNCIL - WORKSHOP
WEDNESDAY, APRIL 14, 2004
6:00 P.M.
201 BOLIVAR
1. Call Meeting to Order.
2. Discussion Regarding a Proposed Planned Development Presentation by Centurion
Development.
3. Discussion Regarding a Proposed Planned Development Presentation by K.D.
Development (Johnson/Payne).
4. Adjourn.
Date and Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact
the City Secretary's office at (940) 458-7930 for f ether information.
• •Im CMEM056
March 87 2004
To: Tommy Kincaid
Mike James
Glenn Ervin
Andy Garza
Joe Higgs
Jimmie Evans
Rose Chavez
From: Jack Smith
Subject: Development Agreements
One thing to consider in your determination as far as annexation before the
development is funded, if the developments are inside the city limits then
we must furnish fire hydrants, even if the developments cannot obtain the
CCN from Bolivar Water.
-1-
Wilson Associates
600 North Pearl Street Suite 900
Dallas, Texas 75201
Voice: 972440-3256
Facsimile: 214-9546386
Email: twilson464@aol.com
Memorandum
To: Jack Smith, City Manager
From: Kirk Wilson
Date: April 08, 2004
Re: I35 Chisolm / Centurion American Development Agreement Proposal
Following the City Council meeting Monday evening developers met to discuss the
proposal set forward to the Sanger City Council. After reviewing the proposal and in
preparation for the Workshop for Wednesday April 14th at 6 pm the developer would like
to offer the following amendments to the agreement in an effort to better address city
concerns and needs by amending the development agreement in the following ways.
1. Developer will agree to parkland dedication consistent with city regulations
and waive rights to pay fees in lieu of parkland dedication under the rules.
2. Developer will agree to a civic land donation to the City of Sanger in the
amount of up to 3 acres as requested by the city. Location of the dedication
will be determined in land planning approval process and developer will be
able to determine in consultation with the city the location on the property for
such donation. This is one 3 acre tract on one of the two developments.
Whichever development is chosen the other developer will share in a 50%
cost for the land.
3. Developer agrees to usage of Sanger Electric on the tract.
4. Developer agrees to a one-time donation of $25,000 to the Sanger Park Fund
within 30 days of preliminary plat approval of any property on the tract.
5. Developer agrees to a donation of 12 acres of property to the Sanger
Independent School District for the purpose of an elementary school on site.
A donation agreement shall be negotiated with the Sanger Independent School
District within one year of the development agreement. The donation of this
property depends on the need for the site, which is at the discretion of the
Sanger Independent School District Board of Trustees. An in writing request
shall be made to the District within 90 days of this agreement being approved
that shall request the District's need and desire for school on site. All
correspondence shall be shared with the city and negotiations shall be open to
the city at all stages of negotiations. The site of the school shall be at the
discretion of the developer in consultation with the city and school district.
6. Developer shall agree that minimum single-family residential lot footage
within the development is set at 5,500 square feet.
We look forward to our meeting Wednesday night and have appreciated the process the
City has conducted to date. Our expectation is to complete negotiations Wednesday night
and move to formal vote on Monday April 19LU Please call me if you have any
comments or questions, 972=740-3256.
11.28 FROM:LEONRRD FROST
2149546386
5
sdt North Pcart Strcct Suite 900
�sl Ns, Texas 75201
eM tit. twilson464 a>aol,com
469,231, 3060
^s .nnaUC4 214.764.0789
De Member 1.2, 2Q03
7a.c l< Smith, City Manager
'it y of Sanger, Texas
C BOX 1729
53 tger, Texas 76266 Fax. 940_459.4180
Email!jack smith evair mail.no
Johnson & Payne Investments / Sanger Ranch Development
De a- Jack:
Th lnk you and the City .for taping ti><ne out of your schedule and meeting with myself and the
jai iger Ranch. Development Group last month. As we discussed in that meeting this letter shall
out line our requests to the city and provide as a guideline to reaching a "Development.
\.e -cement" between the City and Sanger Ranch Development. This will allow a process to
me ve forward in an effort to promote a quality end product oil the Sanger Ranch Development
'� �tPd can interstate 35 in the Extra Terri otorial Jurisdiction of Sanger.
S3�,gcr Ranch Development seeks to develop their tract in a mixed use PD that includes bout
rNs .dentiai and commercial elements. As we demonstrated in the meeting in November Lite
coz ..imercial elements will be located along the interstate 35 service road and the residential will
he )laced on the back of the tract. We have preliminarily designed our residential tracts with
01 111 10 lots. We believe strongly in the quality and amenity features we are planning in the
sut division.. However; ui order to produce the result that we are planning we will need to have a
del elopment agreement with the city that allows for Sanger Ranch Development to offset those
co, is in a fair and efficient manner throughout the subdivision, A manner that only requires
� 5e *'esiding in. tlae subdivision to pay for the items while making the appearance of the
s1, l division and marketability of the project produce positive results for the City of Sanger. We
c achieve thus balance with the proposal we are presenting to you now i
1. n outline,
Y weep now and January 15, 2004 we would like to reach a "draft:" Development ,Agreement
"D 4"with you and council representatives as the city deems necessary. This DA would then be
c rented to City Council for ratification or amendment as necessary. The DA would contain the
dot ii:1s of our Development Agreement and requirements for the both Sanger Ranch and the City
of ")anger under the agreement. The "Planned Development Ordinance" would also be
o.el ;otiated during the time frame so as to provide for action on the sarne agenda,
-2 3:S 11*29 FROM:LEONARD FROST 2149546386
Th ; following would be our requests for inclusion on the Development Agreement.
1. Sanger Ranch would request annexation into the City Boundaries of the City of Sanger,
Texas.
2. The City of Sanger. would annex Sanger Ranch,
3. The City of Sanger would provide Water and Wastewater Service with a date Certain for
provision with an approved schedule of fees to Sanger Ranch.
Sanger Ranch will negotiate a CCN transfer from Bolivar Water Supply Corporation to
the City of Sanger. The payment to BWSC will be funded by Sanger Ranch with
appropriate offsets of impact fees to equal the amount paid and agreed by all parties.
5. The City of Sanger would approve an agreed Planned Development Ordinance.
b. The City of Sanger would agree to the creation of Sanger Public Improvement District #1,
(SPJD1)
An SPID1 would be Wanted the power of assessment for the purpose of payment of
costs associated with an approved list of items. Those items would include
amenity Center, landscaping, entry features, any pedestrian friendly integration
features and the Excavation line item in development. These costs will be limited
to $2.5 Million, The Assessment limitation will be limited to $199 annually for
20 years.
B. SPID I will be required to issue bonds for the requisite amount at an agreed time.
C. SPIDI. Board of Directors will be the City Council of Sanger, Texas.
�1s you can see Sanger Ranch is asking for "NO TAX INCENTIVES" fiom the City. We are
as ;n3 for a limited PID that we believe will provide for an upgraded project and a great
ide it1 ication project for the City of Sanger. We would like to get with your team at your earliest
cor venience to reach agreement on these matters. Johnson & Payne investments have relayed to
me that they are excited about the project and want to stay on schedule, With that in mind we
tiv , rna?<e our schedules work as you put together your side for discussions.
}�i e look fozward to working with you ar►d wish you all a Merry Christmas!
Si:n:erely,
Kizz Wilson
5
1 :2S FROM:LEONRRD FROST 2149546306
T0:94045e4180
5
j ikon Associates
r J North Pearl Street Suite 900
)a lies, 'texas 75201
on ail: hviIpn464&)..aOI,coin
epw 469,231.3060
rze SITWIe: 214.7KO789
�� comber 12, 2UO3
Ja�.k S�a�ith, City Manager
C' y of Sa lger, Texas
1C BOX1729
Sa iger, Texas 76266 Fax. 940.458,4180
Email: 'tick smi h ahimial .riet
l lzzetl Tract / Centurion American Development Ga•oup / North Sanger ETJ /
. c zr s ac1G;
.Bolivar WAter CCN area
Th:.nIG you and tl7e Cil'y for taking time out ofyour schedule and meeting with myself and the
Lz; ell Tract representatives last -month, As we discussed in that meeting this .letter shall outline
,) w requests to the city and provide as a guideline to reaching a "Development Agreement"
r
30. veen the City and the Centurion American Development Group, This will allow a process to
ma re forward in an effort to promote a quality end product on the tract located on Interstate 35 in
.?� 1017themiliost Extra Territorial Jurisdiction of Sanger and wholly in the CCN of Bolivar
W a er Supply Corporation.
;'c?, tu,�ipzz American .17evclopmcnt Croup seeks to develop their tract in a mixed use Plat that
.ol ides boul residential and commercial elements. As we outlined in the meeting our
dev :1opn)ent plans are very far north and we believe that in order to mare our development
mar Getable we need to acquire reimbursements from a tax or assessmgnt sufficient to
offs A water, sewer, drainage and roadways within the project. This offset schedule would
,c v �7 Y siili vlar to the type of offsets in the marketplace on the projects located along
7JS2 SCE. T. ese projects have used their offset ability in the marketplace to make their
-Tee, marketable with price, features and quality, We have a strong belief that this far
wort; i tract on 135 will work effectively in that vein,
4��ritk iar said, we snake two ppti
t,6ons available to the City of Sanger:
Firs Option is annexing only the Commercial Tract and a 10 #} strip encompasing our
zsid er►tial with an overall development agreement that allows a schedule to annex the residential
OWr certainn threshold requirements are met. This might work as follows;
Ceaxturiozl American agrees to request Annexation of the Commercial Tract and a ten foot
strip surrounding the residential tract,
�., :.,X lnion American agrees to pay all requisite costs of the transfer of CCN for entire
1�233 11:29 FROM:LEONRRD FROST 2149546306
tract from Bolivar WSC to Sanger, Texas with amount being offset with impact fees
credits,
3. The City of Sanger consents to "Water Control Improvement District" (WCID) for the
residential portion of the tract only. NO DISTRICT ON THE COMMERCIAL
SECTION. A WCID is the same vehicle that Highland Park and University Park in
.Gallas were established upon four decades ago. This is not a MUD, although powers are
similar, we would agree to the .following ]imitations on establishment by the Texas
Commission on Environmental Quality:
A. WCID would be limited to reimbursements of a negotiated amount only in the
agreed categories (Water, Sewer, Drainage, Roadways). We would expect that
limitation to arrive at approximately $12 Million.
1a. WCID would limit bond issues to 25 years,
C. WCID would limit tax rate not to exceed $.79/$100 valuation for debt.
D. WCID would pay the City of Sanger a public Safety fee to equal $0.11 /$100 for
Police and Fire Service while not in the City Limits of the City of Sanger, Texas.
E. WCID would be abolished at time of annexation by the City.
Sc� :oud Nation is annexing the entire tract now under agreement. This option would work as
fol ows.
�• • The City of Sanger would approve a preliminary plat.
2. Centurion American would request annexation under agreement.
3. Centurion American agrees to pay all requisite costs of the transfer of CCN for entire
tract from Bolivar WSC to Sanger, Texas with amount being offset with impact fees
cm. Bits.
The City of Sanger approves consent to Sanger Water Control Improvement District #1
and Sanger public improvement District #2.
A. WCID would be limited to reimbursements of a negotiated amount only in the
agreed categories (Water, Sewer, Drainage, Roadways). We would expect that
limitation to arrive at approximately $12 Million,
]3. WCID would limit bond issues to 25 years,
C. WCID would limit tax rate not to exceed $.79/$100 valuation for debt.
E. WCID would be abolished at time of debt balance equaling $0.
The City of Sanger would approve a Section 380 Tax Agreement that rebated back funds
to the WCID with a net balance to Sanger equal to the Fire/police number listed above
($0.1.1/$100 valuation).
'. oo cing at both options, Option One seems much simpler and cleaner for all parties involved and
zs ti w arrangement that the City of Lewisville followed with Castle Hi Ils. Castle Hills remains in
"nc �T;O of the City until debts are paid, The Commercial advantages are granted immediately
-.: lie voters do not get to participate in City elections until such time as the city deems it
)roZ cr to annex the property. I know these are concerns on council members and we are trying to
be s :nsWve to this concern, If the council can overcome all other political concerns that go along
Yitll Option 2 we are glad to proceed under that option.
2793 11:29 FROM:LEONARD FROST 21495463e6
0 0
RZ.e in=ber that the facts surrounding this property are different than some other projects you may
be looking at. First, Bolivar Water Supply Corporation holds the Water CCN and we are outside
yo rr current provision area. Secondly we are very far north in the current development window.
TI, ese facts would bolster creation of a Water Control Improvement District from the State with
or without consent. Obviously, we want to reach Consent on this and our timeframe would be
rec.u.ced on our current schedule, But, it is important for the City Council to understand this as a
di 9 Terence from other projects.
e ;�veen now and January 30, 2004 we would like to reach a "draft" Development Agreement
`TJ' A"with you and council representatives as the city deems necessary. This DA would then be
rar(sented to City Courioil for ratification or amendment as necessary.
��,j�, logic forward to worl�ing with you and wish yqu atl a Merry Christmas!
�i.r cerely,
biz k Wilson
5