A Development Agreement with Pulte Homes of Texas, LP (Developer) is presented to address a proposed development in the City’s Extra-Territorial Jurisdiction (ETJ). The majority of the proposed development is located south of FM 2759 and east of FM 762 and includes a 60 acre tract north of FM 2759. The proposed development property is made up of several tracts totaling approximately 958.46 acres currently located in multiple jurisdictions. The developer desires to bring the property into the City’s ETJ for development. 

 

Therefore, entering into an agreement is appropriate to establish certain restrictions and commitments imposed and made in connection with the development of the property and to provide certainty to the Developers concerning future annexation of the development.

 

This Development Agreement was developed through a series of work sessions and meetings between the Developers and representatives of the Public Works, Fire, Police, Engineering, Parks & Recreation, Legal, Budget & Strategy and Planning & Development Services departments. The Development Agreement outlines how the property will be developed and for what purpose, various public infrastructure responsibilities and default terms and remedies. 

  

The Development Agreement provides for the following: 

• General Plan and Land Use –  
• Establishes and approves a General Plan as the initial master plan for the overall development and identifies the proposed land uses for the development including single-family residential, retail, commercial, and office uses per B-1 zoning, limited warehousing/storage with office, Independent senior living (max 200 units), medium-density single-family residential, and recreational facilities.   
• Provides allowances for limited deviations from certain development standards. 
• Outlines terms for amendments to the General Plan without City approval under certain criteria. 
• Provides allowance for minor revisions to the agreement by the City Manager if certain criteria are deemed satisfied. 
• Density - sets a maximum of single-family residential units, acres for non-residential (commercial) uses and establishes minimum lot sizes for the different single-family residential lot types that will be developed.  
• Design and Construction Standards – requires Code compliance for single-family residential and non-residential private improvements in accordance with building regulations found in Chapter 7 of the Development Code, Code compliance and review for non-residential properties under the city’s Sign Regulations, Chapter 4 of the Development Code, and all public infrastructure to comply with the City’s design and construction standards. 
• Water, Wastewater, Reclaimed Treatment Services –  
• The Developer intends to construct and make provisions for public water supply and distribution and wastewater collection services and reclaimed water supply to serve the Property through regionalized public utility services with retail water supply and wastewater services to be provided by the City.  
• The plan for an integrated regional water supply, storage, and distribution system; reclaimed water supply, storage and distribution system, wastewater collection and treatment system to serve the Tract shall be developed in accordance with the Development Guidelines, City Design Standards, and the exhibit Service Agreement.    
• A connection fee will be paid at time of platting for each equivalent single-family connection.  
• The construction of one or more water wells for amenity lakes shall be allowed provided that such wells shall comply with Chapter 3 of the Code of Ordinances regarding the Drilling of Wells and the applicable MUD shall be part of the City’s Ground Water Reduction Plan. 
• Park land – a combination of private parks and recreation amenities and publicly accessible and amenitized open space along Dry Creek is provided to fulfill required park land dedication requirements.  
• Roads – The allowance for private streets to serve the Del Webb site shall be constructed in accordance with the City’s standards in the Development Code. 
• Municipal Utility District Creation – city's agreement to consent to MUD creation with no further action required by the City concurrently with this agreement. The city agrees to consent to any Participant MUDs in the future with no more than four MUDs created to serve the property. 
• ETJ – The Developer agrees to file a petition to request withdrawal for the portion of the property within the Town of Thompsons ETJ. Concurrently, the Developer will submit to the City a petition to annex any of the property not already in the City’s ETJ and not within another jurisdiction's corporate limits into the City’s ETJ and the city consents to the annexation into the City’s ETJ. 
• Future Annexation – The Development Agreement includes an exhibit Strategic Partnership Agreement which outlines the terms for annexation. Strategic Partnership Agreement(s) will be entered into with the MUD(s) at a later date. 
• Public Safety Services – The city will provide fire protection services and emergency medical services to the property and charge fees for such services in accordance with the City’s Code of Ordinances. In the future, the District may contract with the City for police services. The Developer agrees to dedicate a 2 acre site to the City for the construction of future public safety facility. 

The Development Agreement also includes the following exhibits: 

• Exhibit A: Property Description – metes/bounds of the property 
• Exhibit B: General Plan – showing general land uses, acreage, and major streets 
• Exhibit C: Deviations to City Development Code/Design Criteria – outlines sections or standards of the Development Code where alternate standards will apply in this development due to unique design or layout needs. 
• Exhibit D: Strategic Partnership Agreement – outlining terms for future annexation into the city limits 
• Exhibit E: Water Supply, Wastewater Treatment and Reclaimed Water Supply Services Agreement – provides the details for the water, wastewater and reclaimed services to be provided by the City to the property on a permanent retail basis; includes terms and responsibilities for construction of interim and permanent regional facilities 
• Exhibit F: Regional Improvements Tracts – describes the regional utility improvements to be designed and constructed and the location of the site 
• Exhibit G: Fire Protection Agreement - terms are outlined for fire and emergency medical services and rates, including the pro rata contribution to funding the construction of a future station (public safety facility) 
• Exhibit H: Memorandum of Agreement – outlining the purpose of the agreement and to be recorded in the county property records 
• Exhibit J: Park Property Description – map exhibit depicting the available property contributing to satisfying the park land dedication requirements. 
• Exhibit K: Petition for Consent to Creation of a MUD 
• Exhibit L: City MUD Consent Resolution – outlining terms for the City’s consent to the creation of municipal utility districts. 
• Exhibit M: Petition Requesting Exclusion of Land from Thompsons ETJ 
• Exhibit N: Form Ordinance annexing Land into City’s ETJ 
• Exhibit O: Del Webb Primary/Secondary Entrance Examples – examples of signage to be constructed for the Del Webb portion of the development

 

Applicable terms and provisions were reviewed with the Intergovernmental Relations Subcommittee and the Finance & Audit Subcommittee during the agreement negotiation process. Staff recommends approval of the Development Agreement between the City of Sugar Land and Pulte Homes of Texas, LP and associated exhibits.