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HomeMy WebLinkAbout26-1098 INCOMPLETEORDINANCE NO. 26-1098 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH DENTON ENTERPRISE OWNER, LLC WHEREIN THE DEVELOPER WILL DESIGN AND CONSTRUCT CERTAIN STREET PERIMETER IMPROVEMENTS ALONG WESTCOURT ROAD AND SPRINGSIDE DRIVE AS A REQUIREMENT OF THE DENTON ENTERPRISE LOGISTICS DEVELOPMENT; CONSTRUCT TWO LANES OF WESTCOURT ROAD EXTENDING TO AIRPORT ROAD IN LIEU OF CONSTRUCTING A BRIDGE AT CORBIN ROAD; THE CITY WILL ACQUIRE THE NECESSARY RIGHT-OF-WAY FOR THE WESTCOURT ROAD EXTENSION; WITH CITY PARTICIPATION NOT -TO -EXCEED $866,067.00 FOR THE CONSTRUCTION OF THE ROADWAY IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City") and Denton Enterprise Owner, LLC (the "Developer") mutually desire to enter into an agreement, attached hereto as Exhibit "A" and fully incorporated herein for all purposes, for the design and construction of certain street perimeter improvements along Westcourt Road and Springside Drive; construction of two lanes of Westcourt Road extending to Airport Road in lieu of constructing a bridge at Corbin Road; city participation not -to -exceed $866,067.00 for the construction of the roadway improvements (the "Agreement"); and WHEREAS; the Developer owns approximately 102.9888 acres of land, generally located south of Airport Road and east of Westcourt Road within the city limits of Denton (the "Development"), and are in the process of developing and improving the property for industrial warehouses; and WHEREAS, the City has adopted the 2022 Mobility Plan (the "Mobility Plan"), comprising a thoroughfare plan map and associated thoroughfare standards, guiding the buildout of the City's roadway, sidewalk, and on -street bicycle transportation network; and WHEREAS, standard application of Section 7.8.7.B of the Denton Development Code relating to perimeter street improvement regulations would require construction of a bridge at Corbin Road and perimeter improvements along Westcourt Road and Springside Drive; and WHEREAS, Developer has represented to the City that the perimeter street improvement costs related to the bridge at Corbin Road would render Developer's Development economically infeasible; and WHEREAS, because development of the Property already requires certain perimeter street improvements along Westcourt Road and Springside Drive, the Parties agree that the City will forgo requiring the Corbin Road bridge improvements in exchange for Developer constructing additional length of Westcourt Road from Airport Road to approximately 465 linear feet south of Springside Drive and realigning Westcourt Road (the "Westcourt Road Extension"); and WHEREAS, pursuant to the Mobility Plan, Westcourt Road is designated as a future primary arterial, and the construction of this roadway benefits the public as it achieves the goals of the Mobility Plan by providing a primary north -south thoroughfare from Airport Road to the future Loop 288; and WHEREAS, although the Corbin Road bridge improvement is also contemplated by the Mobility Plan, the City finds that forgoing Corbin Road bridge improvement is less impactful on the Mobility Plan goals than forgoing the Westcourt Road Extension; and WHEREAS, Westcourt Road is included in the 2024 Roadway Impact Fee Capital Improvement plan as project A-31; and WHEREAS, Chapter 212, Subchapter C, of the Texas Local Government Code ("TLGC") governs contracts between municipalities and developers where a developer constructs public improvements and the municipality participates in the cost thereof; and WHEREAS, pursuant to TLGC Section 212.072(b)(1), the City's participation in the Westcourt Road Extension is limited to the following: (i) $866,067.00 of the construction cost of the Project, (ii) the costs of acquisition of the ROW, and (iii) providing certain financial credits and funding to ensure the completion of the Westcourt Road Extension; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals contained in the preamble of this ordinance are hereby incorporated into the body of this ordinance are true and correct. SECTION 2. The City Manager, or their designated representative, is hereby authorized to execute the Agreement which is attached hereto and incorporated herein as Exhibit A. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by seconded by following vote [7 - 01; Jester Villarreal and . This ordinance was passed and approved by the Ave Nay Abstain Absent Mayor Chris Watts: Jordan Villarreal, District 1: Nick Stevens, District 2: Suzi Rumohr, District 3: Joe Holland, District 4: George Michael Ferrie, Jr., At Large Place 5: Jill Jester, At Large Place 6: PASSED AND APPROVED this the 4th day of August, 2026. V \v CHRIS WATTS, MAYOR ATTEST: KRISTI FOGLE, INTERIM CITY SECRETARY BY: K 1j %U APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: