Department of Community Development
Reference: James Property Annexation Agreement
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: November 19, 2025
PURPOSE AND BACKGROUND
To consider a resolution approving an annexation agreement for the James Property (the "Annexation Agreement”). An annexation agreement identifies general terms, applicable codes, ordinances, and master plans that will apply to the future development of the Property.
The existing 5.83-acre residential property (the “Property”) is generally located to the north of East Bridge Street, south of Garcia Street, east of Chapel Hill Drive and west of the North 40th Avenue alignment. Jeff Liljegren is the applicant working on behalf of the Property owner and annexor, Vera Mae James (the “Annexor”).
On December 29, 2023, the City entered into a settlement agreement (the “Settlement Agreement”) with the Property owner/Annexor, requiring the Property Owner apply for annexation of the property. Subsequently, on December 2, 2025, City Council held a public hearing and approved a resolution of Annexation Eligibility and approved at first reading an Annexation Ordinance.
OVERVIEW OF ANNEXOR’S OBLITGATIONS UNDER THE ANNEXATION AGREEMENT
The purpose of an annexation agreement is to generally identify the terms, conditions, and adopted City codes, ordinances, and master plans that will apply to the development of the Property when it develops. It is necessary to review the agreement through the lens of any possible future user because this Annexation Agreement will be tied to the land in perpetuity. Generally, annexation agreements contain development obligations that are broad. As the Property continues through the development process, the development obligations will become more specific and will be set out in development agreements which accompany the final plat. The purpose of development obligations becoming more specific throughout the development process allows for more specific obligations so that at the time of final plat, more detailed information is known about the lot sizes, end users, etc. and included. It is important to note that unless otherwise noted, the provisions in the Annexation Agreement will only be required at time of development.
Terms specific to the James Property Annexation Agreement are as follows:
Transportation. All necessary right-of-way has already been dedicated for North 40th Avenue, in accordance with the Settlement Agreement. Therefore, no additional right-of-way dedication is required at this time. If, at time of development, a Traffic Impact Study determines that additional right-of-way is needed, Annexor may be required to dedicate more right-of-way. The City may construct the extension of North 40th Avenue, and therefore, does not obligate the Annexor to construct this roadway.
In regard to East Bridge Street, all necessary right-of-way has already been dedicated, in accordance with the Settlement Agreement. Therefore, no additional right-of-way dedication is required at this time. If, at time of development, a Traffic Impact Study determines that additional right-of-way is needed, Annexor may be required to dedicate more right-of-way. The City has constructed improvements along East Bridge Street, and may construct additional improvements at time of development if deemed necessary, and therefore, does not obligate the Annexor to construct this roadway.
Regarding the intersection of North 40th Avenue and East Bridge Street, the City agrees to enforce development standards related to the intersection at time of development. If, at that time, improvement to the traffic signal is required, the Annexor agrees to improve or reimburse a pro-rata share for improvement of the traffic signal.
Per the Settlement Agreement, a continuous driveway with two accesses, one on East Bridge and one on North 40th Avenue, will be constructed. These accesses may remain for the duration of the current use and are subject to removal at time of development.
Utility Service and Stormwater. Existing utility easements and water and wastewater service lines have been installed and/or recorded per the Settlement Agreement, but the developer may be responsible for upsizing any utility infrastructure if there is not sufficient capacity for the development. At time of development, Annexor agrees to connect existing utility infrastructure within North 40th Avenue to Garcia Avenue. Water dedication shall be satisfied at the time of final plat, or at such other time as may be required by the Municipal Code, as amended.
Zoning. In conformance with the Municipal Code, the Land Use & Development Code, and the Comprehensive Plan generally, the City agrees to consider the proposal for “C-2, Restricted Retail & Services” zoning of the Property.
Addressing. The Annexor agrees that the roads adjacent to the Property are titled East Bridge Street and the future North 40th Avenue, and shall appear as such on any future development applications. The Annexor also agrees to being assigned a new address that conforms with the City’s address grid at time of annexation.
General Obligations. The Annexation Agreement also includes several other provisions, including, but not limited to, the requirement to complete subsequent land development applications and the requirement to enter into a development agreement with the City at the time of final plat. The specifics of these provisions can be found in the attached Draft Annexation Agreement.
STAFF RECOMMENDATION
City staff finds that the Annexation Agreement is generally aligned with City codes, plans, and policies and therefore recommends approval.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Annexation Agreement application. City Council may:
1.) Adopt the Resolution approving the Annexation Agreement;
2.) Adopt a modified resolution approving the Annexation Agreement;
3.) Deny the Resolution with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria.
ATTACHMENTS
● Draft Resolution Approving the Annexation Agreement
● Draft Annexation Agreement (Exhibit C of the Resolution)
● Aerial Map by City Staff
● Annexation Map (Exhibit B of the Resolution)
● Draft City Staff Presentation