The agreement states the Council is "willing to receive their request," and pursue it with the county, Mayor Bradley Wantz said. "It’s not guaranteeing anything whatsoever," he said.

The two parcels of land totaling approximately 126 acres lay adjacent and contiguous to the boundaries of the city. The annexation will allow for development of the properties, currently proposed for no more than 340 homes - approximately 85 semi-detached units and 170 single family detached units. The new homes would have access to the city’s public water and sewer services.

The Sewell’s are proposing that the properties be zoned as R-10,000 for Community Village designation. R-10,000 zoned districts require lot sizes to be a minimum of 10,000 square feet for single and two-family dwellings.

However, the proposed R-10,000 zoning runs contrary to the city’s comprehensive plan, which anticipates development under R-20,000 regulations. If not changed, the number of houses that the developer, NVR, could build on the properties would be cut in half.

In addition, because the Sewell’s are asking for a zoning change to a higher density, the ability of their developer, NVR, to commence building, could be delayed up to 5 years unless the Sewell’s obtain a waiver to the County’s ‘Five-Year Rule.’ Wantz said.

The purpose of the ‘Five-Year Rule’ is to de-incentivize developers from requesting changes to current zoning by allowing the County to delay development of any property for up to five years that is undergoing changes in the density of a property’s zoning. This insures that new developments do not overload county systems like schools. Had the Sewell’s applied for annexation under the currently assigned R-20,000, they would be allowed to begin development upon actual annexation and approval of all necessary permits.

The request to also annex the property under the Community Village designation, if approved, will allow other types of dwellings other than traditional single or duplex family homes, such as retirement home facilities, according to City Manager James Wieprecht. The Community Village designation gives the city the ability to review and give approval to aesthetics as well as outlines greenspace requirements, Wantz said.

By indicating their desire to be brought into the City under Community Village designation, the developer was letting the council know right up front their intentions to build more then homes once the parcels have been incorporated into the city, according to City Attorney Jay Gullo.

The proposal to change the zoning still needs approval from the City’s Planning Commission. Once approved, the proposed change will be placed before the county where it will be the subject of a public hearing.