Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Development topic
No spam. Unsubscribe anytime.
Council weighs negotiation authorization for Mountain Brook developer; DARA described as a nonbinding starting point
Summary
The council heard a developer request to pursue a Development Rights and Responsibilities Agreement (DARA) for the Mountain Brook property; staff described a DARA as a negotiation tool that can secure public benefits but does not bind the city, while councilors pressed for escrow and phasing protections to ensure infrastructure (a bypass segment, stream crossing) is completed.
Councilors on July 8 considered whether to authorize staff and the city attorney to enter negotiations over a Development Rights and Responsibilities Agreement (DARA) for the Mountain Brook development.
A staff member told council a DARA "lays out each party's obligation" and can include public benefits above and beyond code requirements, such as constructing a segment of the Taneytown Bypass through the property or dedicating land for parks. The DARA draft in the packet was described as a starting point rather than a binding commitment.
Several councilors, including the planning commission representative, cautioned that past developments left costly infrastructure—such as a bridge or stream crossing—unfinished. The planning commission representative asked what protections ensure the developer cannot walk away before completing expensive pieces; staff answered that the DARA could require financial assurances (for example, an escrow fund tied to phased lot permits) or require critical infrastructure be completed in an early phase.
Developer representative Kevin Wingate told the council the draft DARA is nonbinding and said the development team intends to build the full project rather than just phase 1, and that they are open to negotiating mechanisms—such as capital improvement funds—to support culvert or crossing costs.
Council described the July discussion as an authorization to "engage" in negotiations and repeatedly said that authorizing negotiations does not commit the city to a final agreement. The council plans to take up the formal question of whether to enter a DARA at its next regular meeting.
