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  Regular   6.b.       
Meeting Date: 09/27/2021  
TITLE:    Development Agreement with Regal Land Development, Inc.
PRESENTED BY: Debi Meling
Department: Public Works  

RECOMMENDATION
Staff recommends that City Council approve the development agreement with Regal Land Development, Inc.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Council will consider annexation of a portion of Amended Planting Area, of Amended Plat of Block 7 Planting Area, Yellowstone Meadows - Phase Three.  The property proposed to be annexed is located between 54th Street West and 58th Street West, generally south of Rimrock Road.  Regal Land Development, Inc. desires to develop a mixed-use development.  Typically, as a condition of approval of the annexation, the property owner enters into a development agreement with the City of Billings outlining necessary public improvements for council consideration. The Development Agreement outlines the off-site improvements necessary for development, including access to the site, construction of water and sanitary sewer, and storm drain.  The Development Agreement provides for City required off-site improvements should the property be annexed and developed without a subdivision plat.

The development agreement for this Council action generally includes the following conditions or improvements:
  • Reimbursement from the developer for existing water and sanitary sewer mains in 58th Street West and 54th Street West
  • Construction of a water main in 58th Street West and Sweetgrass Creek Drive
  • Right-of-way dedication along 54th Street West
  • Cash contribution from developer for curb and gutter and street widening on 54th Street West
  • Construction of curb and gutter, street widening and sidewalk along 58th Street West
  • Traffic Impact Study and mitigation of any impacts thereof.
ALTERNATIVES
City Council may:
  • If the annexation is approved, then approve the development agreement with the property owner; or
  • Disapprove the development agreement.  If the agreement is not approved, the responsibility for infrastructure improvements would be in accordance with policies in place at the time of development.  
FISCAL EFFECTS
There is one requirement of the development agreement that would not be required upon site development.  Sections 2 and 3 require the developer to reimburse the City for a portion of the water main and sanitary sewer main in 54th Street West and 58th Street West along the property frontage.  The financial impact of the remainder of the agreement is dependent on policy changes that may occur before development. If development occurs before any changes to the City's development policies, there would be no financial impact. If development occurs after City development policies change, the financial impact would be dependent on the changes.

Attachments
Development Agreement


    

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