Title
Resolution - A Resolution Approving a Developer Participation Contract Between the City of Mansfield and BBCP Acquisitions, LLC for Cost Participation for Roadway and Utility Improvements south of West Broad Street and Off-site to Silver Oak Addition
Requested Action
Consider approval of the Developer Participation Contract with BBCP Acquisitions, LLC.
Recommendation
The Public Works Staff recommends the approval of the Developer Participation Contract to participate in the cost of public roadway and utility improvements.
Description/History
Silver Oak is a residential development proposal that is currently under consideration for annexation and zoning. It is located south of West Broad Street and has frontage on Lillian Road. The best access for this development is to construct a two lane section of Retta Road south of West Broad Street to the north boundary of the development and then through to the south boundary of the development for future extension. Approximately 800 feet of this roadway extends through property owned by Nellie Walker. It is considered off-site to the Silver Oak development. Staff is recommending the City issue Roadway Impact Fee credits for the cost of this section of roadway. The developer will be responsible for the cost of Retta Road through Silver Oak. The zoning application is currently showing 200 lots. The maximum credit by the City will be the actual cost of the off-site section of roadway, but not to exceed the total amount of Roadway Impact Fees attributable to this development (200 x $2,200 = $440,000).
The utility infrastructure needed to serve Silver Oak includes a 16" water line and a 10" sewer main from West Broad Street to the northern boundary of the development. Staff is recommending the City reimburse the costs of these off-site utilities through a cash payment to the developer upon final acceptance of all public improvements. The estimated cost is $122,532.30 for the water line and $61,681.40 for the sewer main. The developer will be responsible for the cost of both water and sewer through the limits of Silver Oak. Both of these utilities are sized to serve additional land area. Silver Oak will also be responsible to pay the water and sewer impact fees for all lots in the development.
Another provision in the agreement is an assurance to the developer that the City will disannex the property proposed for annexation if the zoning change is unsuccessful. The legally required sequence of approvals is annexation first, and zoning second. If the zoning is not successful, the developer will not close on the property and the existing owner does not wish to be annexed unless it is developed.
Justification
The off-site portion of Retta Road, the 16" water line, and 10" sewer main are all sized to serve additional land area in the region. They are all considered to some extent to be beyond proportional requirements for this development.
The Director of Public Works will be in attendance at the meeting to answer Council’s questions regarding the proposed contract. A Resolution and Developer Participation Contract are attached for Council’s consideration.
Funding Source
The funding source will be Roadway Impact Fee credits and the Utility Fund.
Prepared By
Bart VanAmburgh, P.E., Director of Public Works