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HomeMy WebLinkAboutA003 - Council Action Form dated August 14, 2001 ITEM # DATE 8/14/01 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT BETWEEN TERRA FRIMA, L.P. AND THE CITY OF AMES RELATIVE TO THE SOUTH FORK SUBDIVISION. BACKGROUND: The City Council is being asked to take action to approve a Development Agreement for the South Fork Subdivision. This subdivision includes the construction of improvements to the infrastructure of the City that are on and off of the site that is proposed to be subdivided. It is customary that a Development Agreement be prepared that documents the responsibility of both the City and the Developer relative to these types of infrastructure improvements. Further, when the Planning and Zoning Commission took action to recommend that the Preliminary Plat for the South Fork Subdivision be approved, they included as a stipulation to that recommendation that a Development Agreement be prepared that addresses these issues. The most significant issues with respect to the South Fork Subdivision that are included in the proposed Development Agreement are: • Installation of bike path improvements and the provision of open space; • Providing for a Conservation Easement that includes the flood way that is part of the College Creek flood plain; • Paying for and installing intersection improvements at the intersection of Dotson Drive and Lincoln Way; • Paying for and installing intersection improvements at the intersection of Franklin Avenue and Lincoln Way; and • Providing for storm water detention for the management of the quality and quantity of storm water discharged from the proposed subdivision. With respect to the improvements within the proposed South Fork Subdivision, all of the proposed improvements that are of the minimum size required by the City will be the responsibility of the Developer as provided for in the subdivision regulations of the City. With respect to the improvements that are off-site of the proposed South Fork Subdivision, the attached Development Agreement outlines the nature of the improvement, the financial responsibility of the City and the Developer with respect to these improvements, and the timing of when these improvements are to be installed. A more detailed description of the implication of these off-site improvements to the City follows: The Traffic Impact Report prepared for this subdivision indicated that there is a need for intersection improvements at the intersection of Dotson Drive and Lincoln Way and Franklin Avenue and Lincoln Way. The "off-site" improvements are needed as a result of the impact of the added traffic that will ultimately travel to Lincoln Way. In general, these improvements and the proposed distribution of financial responsibility are listed in the following table: OFF-SITE IMPROVEMENTS SOUTH FORK SUBDIVISION Improvements Financial Improvements Financial Needed at Dotson Responsibility Needed at Responsibility Drive/Lincoln Way Dotson Drive/ Lincoln Franklin Avenue/ Franklin Way Lincoln Way Avenue/Lincoln Way Traffic control signals 50% City and Left turn lane 50% City and and left turn lane 50% Developer improvements 50% Developer improvements Typically the position of the City with respect to these types of 'off-site" improvements would be that the Developer would be 100% responsible for the entire cost of the "off-site" improvement. The rationale for this position is based on the fact that the City has already installed and has been responsible for the on-going maintenance of major street infrastructure that is serving the larger area. In this instance, the reason that there is a need for the improvements at the intersections of both Dotson Drive and Franklin Avenue with Lincoln Way is solely attributable to the traffic that is being generated from the proposed subdivision. The Development Agreement for the South Fork Subdivision includes a proposal that the City assume responsibility for 50% of the cost of these off-site intersection improvements. This financial responsibility is being recommended on the basis of the following policy rationale: 1. The South Fork Subdivision is located within the priority growth area of the City as designated in the adopted Land Use Policy Plan; and 2. The South Fork Subdivision is located immediately adjacent to the existing city limits on three sides. The development of this area represents a logical extension of the urban area of the city into an area that could be described as an "in-fill' area, which is consistent with the goal of"cost-effective and efficient growth". 2 The City has a long practice of reviewing the need for "off-site" improvements. In numerous cases with other subdivisions, there have been off-site improvements required and in each instance the financial responsibility for the installation of off-site improvements is decided on a case-by-case basis, with the overall goals of the City being used as a guide. The position taken with respect to the proposed South Fork Subdivision should not be seen as a binding precedent that is applicable in all future subdivisions. (A copy of the proposed Development Agreement is attached to the Action Form). ALTERNATIVES: 1. The City Council can approve the Development Agreement between the City of Ames and Terra Firma LP with respect to South Fork Subdivision. 2. The City Council can deny approval of the Development Agreement between the City of Ames and Terra Firma LP with respect to South Fork Subdivision. 3. The City Council can refer this request back to staff and/or the applicant for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council approve Alternative#1. This is a recommendation to approve the Development Agreement between the City of Ames and Terra Firma LP with respect to South Fork Subdivision. To approve this Development Agreement will allow the Developer to proceed with the next stage of the platting process. COUNCIL ACTION: 3