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Commission approves Willow Reserve preliminary plat after trimming vesting and assignment language
Summary
Kane County commissioners approved the Willow Reserve preliminary plat and development agreement with edits limiting broad vesting claims and narrowing grounds to withhold consent for assignment; the motion passed unanimously after applicant and county counsel agreed on revised language.
KANE COUNTY — The county commission unanimously approved the Willow Reserve Estate preliminary plat and accompanying development agreement on Oct. 15 after months of negotiation over vesting and assignment language.
Tracy Stratton, vice president of land development for Philo Development, told the commission the developer was comfortable having the project governed by current state and county code rather than locking in an expansive vesting clause. “We’re okay with removing that from the development agreement and utilizing the codes that are in place today for this item,” Stratton said.
County counsel Rob (last name on file with county) told commissioners that state law and county ordinance, not a private agreement, generally control vesting of land-use rights, and he recommended removing broad vesting language that would have guaranteed unused zoning rights indefinitely. Rob read the proposed assignment clause aloud, saying in part: “Developer may not assign this agreement without the written consent of the Land Use Administrator, which consent shall only be withheld if the assignee is unable to secure adequate financial assurances.”
Commissioners and applicants agreed to narrow the grounds that would allow denial of assignment so the county would be notified and protected without creating an unreasonable bar to sale or transfer. Commissioner Wade Heaton moved approval “as presented with modifications” to paragraph 7(f) on assignment; the commission approved the motion by unanimous voice vote.
The preliminary plat approved today covers the phase-1 application for 20 home sites; developers said build-out of the entire project could take roughly a decade given the plan for about 420 one-acre lots. Planning & Zoning had previously recommended approval with four conditions that were incorporated into the development agreement.
The approval directs staff to finalize the development agreement language agreed at today’s meeting; future phases will be subject to applicable code and any changes that are legally required at the time of subsequent applications.
