From
Chris Hartmann
Title
Discuss changes to existing Developer’s Agreement between the City of Grand Prairie and Prairie Ridge, along with the establishment of an agreement between the City of Grand Prairie and Ellis County to allocate approval jurisdiction with regard to the Prairie Ridge development between the City and Ellis County.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
In November 2005, the City of Grand Prairie entered into a Developer's Agreement with Prairie Ridge. The terms of the agreement required that the City of Grand Prairie enter into a subsequent agreement with Ellis County which would grant the City approval jurisdiction over permits related to development. No record of this subsequent agreement was found by either City staff or staff at Ellis County.
Over the past year, the City and County have approved plats for the 1st and 2nd phases of Prairie Ridge in the city's ETJ. The County has indicated to the City that they are willing to enter into an agreement to give the City jurisdiction over development-related permits but that they wish to retain jurisdiction over building permits.
Below is the proposed language change to the Developer's Agreement and the existing Interlocal Agreement (ILA) with Ellis County. The full agreement and ILA are attached:
Section 1.3. Approval Jurisdiction.
The City and Owner acknowledge and agree that pursuant to interlocal agreements with Ellis County and Johnson County, the City shall have exclusive jurisdiction over all subdivision, plat, and development infrastructure approvals with respect to the Land. Within sixty (60) days after the date hereof, the City shall take such action as may be necessary to enter into or amend its existing interlocal agreements with Ellis County and Johnson County to establish and continue such exclusive jurisdiction in favor of the City for this property only. The City further agrees that once such interlocal agreements are entered into or amended to provide such exclusive jurisdiction in favor of the City, the City shall maintain exclusive jurisdiction for the term of this Agreement. Further, the City’s jurisdiction over subdivision, plat, and development infrastructure approval shall be exercised by the City in accordance with the City's standards in effect as of the date hereof only. The counties shall retain their exclusive authority of issuing development permits for any structure, as outlined in their respective jurisdictions.
Below are the suggested language for changes to the Interlocal Agreement with the City of Grand Prairie to which Ellis County will be signatory:
19. Prairie Ridge Subdivision.
The only exception to the joint approval authority within this interlocal agreement is the Prairie Ridge subdivision, as outlined in Exhibit A. The City of Grand Prairie shall have exclusive platting authority and approval over all plats found within the boundaries of Prairie Ridge and meet their applicable subdivision regulations. In addition, all infrastructure (i.e. inspection and approval of all waterlines, sewer lines, roads, pavement, grading, drainage, etc.) shall be regulated exclusively by the City of Grand Prairie and adhere to their applicable development regulations. Ellis County retains its exclusive authority to issue development permits for any structure within this subdivision and as outlined in their respective regulations. The rest of this agreement shall remain in full force and effect.
20. 19. Effective Date: This amended agreement shall become effective on September 1, 2004 ______________, 2018.
STAFF RECOMMENDATION:
Staff recommends the following changes to the proposed language:
Section 1.3. Approval Jurisdiction.
The City and Owner acknowledge and agree that pursuant to interlocal agreements with Ellis County and Johnson County, the City shall have exclusive jurisdiction over all subdivision, plat, and development infrastructure approvals with respect to the Land. Within sixty (60) days after the date hereof, the City shall take such action as may be necessary to enter into or amend its existing interlocal agreements with Ellis County and Johnson County to establish and continue such exclusive jurisdiction in favor of the City for this property only. The City further agrees that once such interlocal agreements are entered into or amended to provide such exclusive jurisdiction in favor of the City, the City shall maintain exclusive jurisdiction for the term of this Agreement. Further, the City’s jurisdiction over subdivision, plat, and development infrastructure approval shall be exercised by the City in accordance with the City's standards in effect as of the date hereof only. The counties county shall retain their exclusive authority of issuing development permits for any structure building in Prairie Ridge, as outlined in their respective jurisdictions the Interlocal Agreement Between Ellis County and the City of Grand Prairie, effective ________, 2018.
Interlocal Agreement with Ellis County:
19. Prairie Ridge Subdivision.
The only exception to the joint approval authority within this interlocal agreement is shall be building permits associated with the Prairie Ridge subdivision, as outlined in Exhibit A. The City of Grand Prairie shall have exclusive platting authority and approval over all plats found within the boundaries of associated with Prairie Ridge and all development shall meet their the applicable subdivision regulations as found in the Development Agreement, as amended. In addition, all infrastructure (i.e. inspection and approval of all waterlines, sewer lines, roads, pavement, grading, drainage, etc.) shall be regulated exclusively by the City of Grand Prairie and adhere to their its applicable development regulations. Ellis County retains its exclusive authority to issue development permits for any structure building within this subdivision and as outlined in their its respective regulations. The rest of this agreement shall remain in full force and effect.
20. 19. Effective Date: This amended agreement shall become effective on September 1, 2004 ______________, 2018.