CITY COUNCIL AGENDA REQUEST FORM
DATE OF COUNCIL MEETING:November 16, 2011
WHO IS REQUESTING: Jill Spencer, City Planner
TELEPHONE NUMBER: (801) 465-5233
TITLE OF ITEM FOR AGENDA: Request to postpone the recordation of the development agreement for The Depot Subdivision
LENGTH OF TIME REQUESTING: 5 Minutes
DETAILED REASON FOR REQUEST & EXPLANATION:
Over the years, several renditions of The Depot development have been considered by the City Council and various approvals have been granted. The most recent was a request to modify the number and configuration of the lots and expand the residential multi-family zoning within the development. These approvals were granted on August 17, 2011. In preparation of recording the final plat, staff discovered the development agreement (originally approved on April 16, 2008 and amended on December 15, 2010) is inconsistent with the latest approvals granted by the City Council. Therefore, additional consideration by the City Council is necessary.
As approved, the contents of the development agreement are predicated on applications that were pending at the time the agreement was prepared. Current economic challenges have suppressed commercial development in the community and businesses once interested in this property have chosen not to move forward with construction. Recognizing that these businesses will not be constructing buildings in the near future and acknowledging that further development of the property will require additional approvals, staff is suggesting the development agreement not be executed at this time.
The purpose of a development agreement is to ratify the obligations and responsibilities of an applicant and the City in relation to specific development activities. Without any applications there is no need to define the obligations of the Applicant and the City in relation to a specific development. Therefore, staff is suggesting that an amended development agreement be forwarded to the City Council for approval at a later date.
Any improvement or construction in The Depot development must satisfy the regulations of the development ordinances and Specific Plan and Annexation Agreement for the Depot Annexation.
Anticipated Action by the City Council
Staff is suggesting that the City Council suspend the execution of the development agreement for The Depot development until such time an application for development approval is submitted for consideration. A development agreement will be prepared for consideration by the City Council during the review process for development.