Planning Report
DCA17-0010 / Development Agreements
Planning & Zoning Commission
September 13, 2017
REQUEST:
Title
Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the Denton Development Code, Subchapter 35.16, Sections 35.16.6 and 35.16.20, by clarifying agreements required for plat approvals and building permits (DCA17-0010, Development Agreements, Jim Jenks).
Body
BACKGROUND:
Per Section 35.16.6.D of the Denton Development Code (DDC), new developments within the City of Denton require the approval and recordation of a final plat and the construction of public improvements prior to issuance of any building permits and commencement of private construction improvements on a site. However, there have been several instances where a developer requests to install the public and private infrastructure concurrently. In an effort to accommodate the developer's construction timelines, the City devised the creation of 3-Way Agreements (when public infrastructure is required) and Hold Harmless Agreements when the public and private infrastructure is installed together.
What is a 3-Way Agreement and when is it required?
* As part of development, public infrastructure improvements are often required. These public improvements are reviewed by the City in conjunction with a final plat, and can include streets, drainage facilities, water lines, and/or sewer lines to serve a proposed development. A final plat may be approved, but cannot be filed of record until a 3-Way Agreement is executed between the City, the developer, and the developer's contractor. A 3-Way Agreement is required in order to ensure accurate construction and completion of necessary public improvements.
* However, although these agreements were intended to facilitate the progression to building construction, 3-Way Agreements have become too onerous on the developer, requiring the participation of a contractor very early in the process. This requirement ...
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