Title
Discuss and consider action on a rough proportionality appeal pursuant to Tex. Loc. Gov’t Code § 212.904 for an approximately 85.497-acre tract situated in the Peter Conrad Survey, Section No. 17, Abstract No. 200, in Travis County, Texas, known as the Deck & Wilke Tract, generally located north of SH 45, east of Heatherwilde Blvd., and west of SH 130 and any matters related to the same.
Summary
On March 3, 2025, the City of Pflugerville received a request to conduct a rough proportionality analysis for an approximately 85.497-acre tract known as the Deck & Wilke Tract Subdivision, located north of SH 45, east of Heatherwilde Boulevard, and west of SH 130. Following several responses to the proportionality analysis, the applicant’s representative, the Drenner Group, submitted a formal appeal.
Proportionality Process
Per Tex. Loc. Gov’t Code § 212.904, Apportionment of Municipal Infrastructure Costs,
(a) If a municipality requires, including under an agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the municipality. The municipality's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection.
(b) A developer who disputes the determination made under Subsection (a) may appeal to the governing body of the municipality. At the appeal, the developer may present evidence and testimony under procedures adopted by the governing body. After hearing any testimony and reviewing the evidence, the governing body shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer.
(c) A developer may appeal the determination of the governing body to a county or district court of the county in which the development project is located within 30 days of the final determination by the governing body.
(d) A municipality may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project.
(e) A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees.
(f) This section does not diminish the authority or modify the procedures specified by Chapter 395.
Summary of Proposed Infrastructure
As part of the City’s adopted Transportation Master Plan in effect at the time of subdivision, the applicant was required to dedicate right-of-way (ROW) for two roads: half of the 60-foot ROW for Peach Vista Drive (a designated collector) and the full 100-foot ROW for Rowe Lane (a designated major arterial).
In addition to the Transportation Master Plan requirements, the City’s Unified Development Code (UDC) imposes specific requirements related to subdivision design:
• Section 15.16.3(c) requires that all stub streets terminating at the subdivision boundary be extended into the new development. In this case, the applicant was required to extend Bark Way through the site, as shown in the attached preliminary plan.
• Section 16.16.6(c) requires pedestrian pass-through lots for any block 1,000 feet or longer. These must be at least 15 feet wide, extend the depth of the block, include a 10-foot-wide hike-and-bike trail, and connect to a public sidewalk. These easements and improvements must be maintained by the HOA. The applicant was required to provide these pedestrian connections because their block lengths exceeded 1,000 feet.
These requirements are standard for subdivisions under the UDC and were triggered by the applicant's chosen layout. If shorter block lengths had been proposed, the pedestrian pass-through easements would not have been required.
Background
- Preliminary Plan - Deck & Wilke Subdivision approved June 25, 2024
- Subdivision Waivers - Applicant requested a waiver from subdivision requirements related to the extension of streets requirement and to not be required to provide the pedestrian pass-through easements. The Planning & Zoning Commission unanimously denied the waiver requests March 3, 2025.
- Rough Proportionality Request Received from Drenner Group - March 3, 2025
- City Analysis to Proportionality Request - Memo from Kimley-Horn sent to requestor March 26, 2025
- Rough Proportionality Response Received from Drenner Group - April 28, 2025
- Meeting with Requestors Development Team - Met via Teams to discuss May 5, 2025
- City Analysis to Proportionality Request - Memo from Kimley-Horn sent to requestor May 27, 2025
- Appeal Received - Appeal to City Council per § 212.904 received June 20, 2025
- Final Plat - Deck & Wilke South plat approved August 4, 2025
Prior City Council Action
On August 12, 2025 City Council moved to postpone action to the August 26, 2025 meeting.
Deadline for City Council Action
City Council shall make a determination regarding the appeal no later than September 9, 2025, in accordance with the requirements of Tex. Loc. Gov’t Code § 212.904.
Supporting documents attached:
Proportionality Documents
Location Map
Preliminary Plan
Staff Recommendation:
The proposed infrastructure required as part of the subdivision process was found to be proportional based on all documentation that was provided to the city as part of the proportionality request.