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Council directs staff to negotiate over Val Verde impact-fee appeal; approves Val Verde DA amendment
Summary
After public comment from the developer—s engineer on impact-fee sizing, council directs staff to negotiate an appeal of impact fees for Val Verde and later unanimously approves a first amendment to the Val Verde development agreement clarifying wastewater responsibilities and adding developer contributions and a pumping cost cap.
Council heard public comment from Brian Grace, an engineer with BGU representing DHI Communities, who asked the city to apply accepted meter-sizing standards (AWWA and the International Plumbing Code) when assessing water-service-related impact fees for the Val Verde project and to recalculate service units accordingly. Following discussion in executive session and at the dais, the council directed the city manager and staff to pursue a negotiated resolution with the developer rather than take immediate formal action on the appeal.
Separately, the council later approved a First Amendment to the Val Verde (formerly Viridian) Development Agreement with Continental Homes of Texas LP. Assistant city staff summarized the amendment as a clarification of party responsibilities for off-site wastewater facilities, explicit developer contributions of $211,570 toward an estimated $3.2 million off-site wastewater line, and inclusion of pumping/haul service costs not to exceed $200,000. The amendment had been signed by the developer and was approved unanimously by roll call.
Why it matters: The combined actions affect how developers are charged and who pays for off-site utilities required to serve new subdivisions; they also reduce near-term litigation risk by keeping negotiations at staff level and recording developer commitments to specific infrastructure contributions.
Quotes: "We believe that the meter size... is what should be utilized for the basis of impact fees for the project," Brian Grace said during public comment. Assistant staff later noted the amendment "adds cost for pumping haul services not to exceed $200,000" and records Val Verde's contribution to the off-site wastewater line.
Outcome and next steps: Council directed staff to negotiate with DHI Communities on the impact-fee appeal and approved the Val Verde DA amendment, which staff said will allow construction of an off-site wastewater conveyance down FM 969 and clarify cost responsibilities. Council votes on the DA amendment were unanimous according to the roll call recorded in the meeting.
