What’s happening?
City Manager Scott Huizenga said in 2014, the city rejected the annexation petition, resulting in legal disputes. Legal disputes were settled in 2018, but the project was stalled until late 2024.
The new development agreement limits the development to 278 lots rather than the originally planned 635 lots. The area will be developed by Bitterblue, Inc.
While the development will use city water, it will not use wastewater; instead, it will use septic systems following Kendall County regulations.
The development will incorporate the city’s first Public Improvement District, which is a voluntary additional tax on the residents of the developed community to support the construction.
This system allows the city to sign off on bonds for the development, which will be fully paid back by the developers. The city will not be responsible for any bonds or debt accrued by the developer.
“That debt repayment will be borne exclusively by the property owners in the development, not by the city or its taxpayers in any way,” Huizenga said.
Developers are also aiding the reconstruction of Ammann Road by allowing the city right-of-way to soften the southern corner near Rolling Acres Trail.
What they’re saying
Rene Gallegos, president of the Fair Oaks Ranch Homeowners Association, was the only speaker during the Citizens to be Heard portion of the meeting. Gallegos encouraged a partnership between the developer and the HOA to ensure the safety of residents.
“If there’s not an opportunity for us to work together, what ends up occurring is allowing individuals from outside the community to utilize these parks and trails,” Gallegos said. “It can create a lot of concern to homeowners association members that currently live in the area.”
Mayor Greg Maxton said the development fits the character of the city, and while development cannot be stopped, the agreement allows for responsible city growth.
“We wanted something that was complementary to the future of Fair Oaks Ranch,” Maxton said. “I think that’s what has really been a blessing in the formation of this development agreement.”
City Council unanimously supported the development agreement and the acceptance of the petition for the annexation and creation of the Public Improvement District. The petitions do not annex the property or create the PID.
A reimbursement agreement was also approved, allowing the city to recoup any costs associated with the development or PID. These agreements ensure no out-of-pocket expenses from the city, Huizenga said.
What’s next?
Before approval, the annexations and PID must have public hearings, scheduled for June 19 and July 3, respectively. The goal is to have the final reading of the PID and annexation during a meeting in late July, Huizenga said.
Following approval, the final steps will be the planning and zoning process, including the zoning and platting of the property.
Planning and zoning items are expected to have public hearings and council approval in August, marking the approval of the development.
