TOWN STAFF REPORT RECOMMENDATIONS
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Discuss, consider and act to approve Resolution 24-84 approving a Development Agreement between the Town of Westlake, Texas and Fenway Development, Inc., for subdivision improvements for Solana Hills, a residential development to be designed and built in adjacency to Sam School Road. (Jason Alexander, AICP, CEcD, Deputy Town Manager)
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STAFF: Jason Alexander, AICP, CEcD, Deputy Town Manager
BACKGROUND:
Working closely with the Department of Planning and Development, Fenway Development, Inc., has prepared a development agreement (this “Agreement”) pursuant to those provisions in Sec. 102-316 of the Town of Westlake Code of Ordinances entitled, “Development agreements” --- and the provisions in their PD, Planned Development District for Solana Hills --- as approved by the Town Council on October 9, 2023 (“Ordinance No. 982”).
Ordinance No. 982 also requires that Solana Hills be developed as a single phase.
Fenway Development, Inc. intends to develop Solana Hills as a community of 55 detached single-family residences on approximately 32.88 acres fronting Sam School Road.
As proposed, the terms and conditions in this Agreement address the items required by Sec. 102-316 of the Town of Westlake Code of Ordinances for the creation and retention of public and private benefits --- with an emphasis on the following:
• That the Town of Westlake will assist with obtaining all permits and filings necessary to provide water to the development, as the development is located within the City of Southlake Water Certificate of Convenience and Necessity;
• That the Town of Westlake and Fenway Development, Inc. will equally share the costs to make improvements to Sam School Road (the improvements to Sam School Road will be bid, and Fenway Development, Inc. will escrow their portion of the costs to improve the road, and the escrowed funds must be provided to the Town before any application for a building permit may be made);
• That the timing for commencement and completion of the improvements to Sam School Road shall be at the sole discretion and option of the Town Manager, however, reasonable notice will be provided to Fenway Development, Inc. to ensure that funds have been escrowed for their portion of the improvements;
• That Westlake Academy will receive $15,000.00 for each residential lot to be developed within Solana Hills (the payment must be received by the Town before the final plat may be recorded); and
• That building materials and other architectural standards will be enforced pursuant to the homeowners’ association documents and the standards found in Ordinance No. 982.
DISCUSSION:
The provisions in Sec. 102-316 of the Town of Westlake Code of Ordinances entitled, “Development agreements”, states that a development agreement “shall be required of all land which is platted for development purposes and all planned development zoning.”
This Agreement satisfies those requirements, and establishes specific obligations and responsibilities for the Town of Westlake and Fenway Development, Inc. The primary purpose of this Agreement is to ensure that improvements and infrastructure appropriately serve the individual lots within the development and the responsible party.
FISCAL IMPACT:
Ordinance No. 982 and this Agreement calls for improvements to the currently unimproved section of Sam School Road adjacent to Solana Hills. The unimproved portion of Sam School Road is from the Town of Westlake / City of Southlake municipal boundaries to the portion of Sam School Road that changes from a two-lane asphalt road to a four-lane concrete road. As contemplated by the terms and conditions of this Agreement, the Town of Westlake and Fenway Development, Inc. will equally share in the costs to improve Sam School Road on the basis of rough proportionality (i.e., that exactions must be roughly proportionate to the likely impact of the development).
Further, Fenway Development, Inc. is responsible for fees to produce engineering documents, plans, and schematics related to improvements to Sam School Road.
Finally, this Agreement will provide the Town with the appropriate time to receive bids for the improvements and a definitive cost for improvements to Sam School Road to be shared. Thus, this allows for timely budgeting on the part of the Town of Westlake and Fenway Development, Inc.
DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION:
The Department of Planning and Development recommends approval of this development agreement.
ATTACHMENT(S):
1. Resolution 24-84
2. Exhibit “A” - Development Agreement
3. Exhibit “B” - Subject Property
4. Exhibit “C” - Sam School Rd
TOWN COUNCIL ACTION / OPTIONS:
1) Motion to approve;
2) Motion to approve with amendments;
3) Motion to deny; or
4) Motion to table to a specific date.