Farmers Branch council authorizes sale of 13309 Josie Lane after shortening developer timeline and amid public questions

The Farmers Branch City Council on May 19 approved Resolution 2026-073 authorizing the city manager to negotiate and execute a contract to sell city-owned property at 13309 Josie Lane, but only after the council amended the developer’s timeline to require construction commence within 18 months and be completed within 36 months.

Deputy Director Darren Harris presented the item and answered council questions about the contract’s timeline and extensions. He noted the draft agreement includes a limited discretionary 12-month extension and that the developer previously had a purchase-and-sale agreement with different financing conditions.

During public comment, Daniel Herndon urged the council to table the sale and asked for an independent review. Herndon outlined four concerns: that the current concept plan resembles a 2024 rezoning request the council previously denied; alleged drafting errors in the economic development agreement (missing or renumbered sections); lack of taxpayer protections including no independent appraisal and no performance bond (he said the developer would pay $200,000 for land he described as worth $600,000); and the appearance of conflict because Thomas Cusick Custom Homes had built the mayor’s personal residence and a council member had received a campaign contribution from the developer. "There is no performance bond and no proof of construction financing for a $30 million project," Herndon said, and asked that the council confirm whether conflict-of-interest affidavits were filed.

Council discussion focused narrowly on the sale of the lot (not the zoning or final project design, which still must go before Planning and Zoning) and on the schedule the developer is required to meet. Council members debated whether shortening the commencement deadline from 24 to 18 months (and extending the completion deadline from 30 to 36 months) would be acceptable; Councilwoman Bennett argued that requiring the developer to begin sooner would push the project forward, while others said the longer window allowed for permitting and financing realities. After a motion to amend the timeline was offered and seconded, the council adopted the amendment and then approved the resolution as amended by show of hands.

Council members and staff noted the approval authorizes the sale itself; the developer must still obtain zoning and permits and there will be future opportunities for public comment on project plans. Some council members urged additional transparency and confirmed multiple bids were reviewed during the sale process.