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Mayor vetoes prior approval of Robins Landing setback amendment; council seeks special counsel review
Summary
Mayor Chuck Hinz vetoed the Council's prior approval of an amendment to the Robins Landing Developer’s Agreement to allow reduced setbacks, citing the need for legal review. Staff and the City Attorney advised that setbacks may need to be changed through zoning ordinance rather than a Developer's Agreement; no formal action was taken.
Mayor Chuck Hinz told the Council he used his veto authority to pause the previously approved amendment to the Robins Landing Developer's Agreement so the issue could receive further legal review.
City Engineer Kelli Scott said she consulted with City Attorney Holly Corkery after the February meeting and was advised that amending a Developer's Agreement to change setback requirements may not be the legally appropriate mechanism because it could circumvent established zoning ordinances. Corkery advised the Council that modifying the zoning ordinance itself may be the proper legal route and that any negotiated exchanges with the developer (for example, tradeoffs related to park commitments) would require careful legal analysis.
Councilors discussed marketability concerns tied to the subdivision’s 80-foot lots and Robins’ 10-foot side setbacks (compared with roughly 7-foot setbacks in nearby communities), noting typical builder widths complicate sales. Scott said the developer's park contribution is estimated at approximately $1.9 million with the City's portion about $1.6 million; the project would provide roughly 16 acres of parkland with grading, parking and infrastructure improvements. Council directed staff to contact special counsel to advise the Council at a future meeting; the transcript identifies that special counsel as 'Doug H.' (initial only in the record). No vote or ordinance change occurred at this meeting.
