Title
Ordinance - An Ordinance of the City of Mansfield, Texas, Approving a Development Plan with BV MITCHELL, a Limited Liability Corporation, Regarding the Development of Approximately 43.39 Acres Generally Located North of the Union Pacific Railroad R.O.W. between U.S. Highway 287 and Mitchell Road, on Property Addressed at 101 and 210 S. U.S. Highway 287; Approving a Concept Plan and Phasing Plan; Providing that this Ordinance Shall Be Cumulative of All Ordinances; Providing a Savings Clause; Providing for a Penalty Clause; Providing a Severability Clause; and Providing an Effective Date
Requested Action
Approve and execute the development plan in accordance with the provisions of the S, South Mansfield Form-based Development District.
Recommendation
That the City Council approve the development plan as presented.
Description/History
At the December 9, 2024, meeting, the City Council approved a change of zoning from PD, Planned Development (The Reserve) and a second PD, Planned Development for a chemical plant only to the S, South Mansfield Form-Based Development District for approximately 57.95 acres located east of U.S. Highway 287, east and west of N. Mitchell Road, and North of the Union Pacific Railroad Right-of-Way on Property Addressed at 101 S. U.S. Highway 287 and at 20 and 24 North Mitchell Road. The Developer, BV Mitchell LLC, currently controls 43.39 acres of property and plans to develop the property as a mixed-use development with multifamily residential (including active adult multifamily), commercial pad sites, a destination commercial user, a 4-story hotel, rowhouses, and single-family over three (3) phases of development. BV Mitchell LLC contemplates a purchase-sale agreement and development agreement with the City of Mansfield for an additional 14.564 acres which, if executed, would develop as detached single-family according to the concept plan provided.
Section 155.073(D) of the S, South Mansfield Form-based Development District requires that a developer or a property owner to enter into a development agreement and that the provisions of such agreement be approved by the City Council. The required development agreement must include a concept plan depicting proposed layout, proposed transect zone boundaries, proposed civic space types, proposed development intensity, and proposed building types; a phasing plan for the development; and other relevant information.
The development agreement, as presented, is consistent with the provisions set forth in Section 155.73(D) of the S, South Mansfield Form-based Development District and it specifically includes: (i) limitations on the transect zones (e.g., T-4, Urban Transition and T-5, Urban Center Transect Zones); (ii) a phasing plan which calls for the construction of this development in three (3) phases.
The phasing proposed for the development is as follows:
• PHASE NO. 1:
o Construction of Navhi Road to commence.
o Construction of Mitchell Road underway and to be completed prior to the completion of Phase 3.
o Multifamily development number 1 (maximum of 375 units).
§ Vertical construction of the multifamily cannot start prior to the first 3 commercial pad sites being under construction (grubbing, survey markers, and approved civil plans).
§ Multifamily development 1 cannot receive a Certificate of Occupancy until the completion of Navhi Road and improvements are made on 5 commercial pad sites (primary access road and public utilities stubbed to all 5 pad sites).
• PHASE NO. 2 (before, with, or after Phase 1):
o Delivery of a destination commercial user (as defined by the Economic Development Agreement)
o Construction of a minimum 4-story hotel with 135 rooms.
o Construction of at least 20,000 square feet of commercial
o Must be complete prior to the release of Phase 3.
• PHASE NO. 3:
o Release of 175 unit active adult multifamily development, only after the completion of work in Phase No. 2.
o No Certificates of Occupancy will be issued until the completion of Mitchell Road construction and construction of horizontal infrastructure for the single-family components.
The development agreement does constitute a “permit” and the development a “project” as such terms are defined in Chapter 245 of the Texas Local Government Code.
Prepared By
Arty Wheaton-Rodriguez, Assistant Director of Planning
817-276-4245