Title
Approving and authorizing the City Manager to execute a Second Amendment to Roadway Development Agreement (Avalon), and a Second Amendment to NPWIS Construction and Participation Agreement.
Summary
Second Amendment to Roadway Development Agreement (Avalon)
In 2006, the city and the developer agreed to implement a project to align Kelly Lane with Cele Road at Weiss Lane. This amendment negates the proposed realignment. Since, engineering of the Avalon portion of the roadway has been substantially completed but not constructed to due a lack of funding and obstacles (cost/benefit and floodplain issues) to achieving the original desired outcome at the time. Kelly Lane, between Moorlynch Avenue and Weiss Lane, was rehabilitated last summer with positive results and reception. Right-of-way for the Cele Road portion was provided in the Third Amendment to the Comprehensive Development Agreement (Lakeside Agreements) in which Section 4.2 provided that "Aguila (developer)shall reserve for the City a right-of-way easement for the realignment of Kelly Lane and Cele Road across the flood plain tracts...[and] shall dedicate such right-of-way to the City upon the receipt of a written request from the City." Such dedication was to be at no cost to the City. If the east/west roads were located closer together, the reroute would be more clearly warranted, but given their separation at 0.2 miles the two intersections will likely operate satifactorily in the future without the reroute.
Second Amendment to NPWIS Construction and Participation Agreement
The North Pflugerville Wastewater Interceptor System (NPWIS) Agreement was orginally approved in 2004 and established obligations for the construction of wastewater interceptor infrastructure to provide wastewater service to Avalon and Blackhawk subdivisions and established land use based upon a concept plan. The proposed Second Amendment results from the above Second Amendment to the Roadway Development Agreement. The corner tract, located at the southeast corner of the Avalon Subdivision, was shown as commercial land uses and is now proposed for any land use excluding attached residential uses and may be annexed into Kelly Lane WCID #1.
Status
Avalon Subdivision lies within Kelly Lane WCID #1 and #2. The original consent agreement is dated August 30, 2004. A total of 1500 single-family residential lots are planned and 294 houses have been completed as of December 31, 2012. An additional 46 lots were final platted and ready for construction.
Deadline for City Council Action
N/A
Fiscal Impact
None.
Staff Recommendation
Staff recommends approval.
Drafter
Trey Fletcher, AICP
Assistant City Manager