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Item 1.G.
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| City Council Regular | |
| Date: | 09/26/2022 |
| Title: | Amended Development Agreement with Alkali Timbers, LLC. |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | No |
| Legal Review | Not Applicable |
RECOMMENDATION
Staff recommends that the City Council approve the amended Development Agreement with Alkali Timbers, LLC.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Council approved the annexation of The Timbers, a residential subdivision on January 10, 2022. As a condition of approval of the annexation, the property owner entered into a Development Agreement with the City of Billings outlining necessary public improvements. At the request of City Council, the Development Agreement included the following language:
Multi-use Trail. DEVELOPER will be required to construct a 10-foot wide asphalt multi-use trail either along Alkali Creek Road or through the Developer Tract within a public easement for the length of the Developer Tract. With the development of Phase I, DEVELOPER is required to construct a 10-foot-side asphalt multi-use trail through Phase I and a gravel trail through Phase 2 and 3. With the development of Phase 2 and phase 3, the multi-use trail must be paved.
The Developer has been working with the US Army Corps of Engineers (USACE) to get the trail permitted. Because of the amount of wetland impact, the permit is taking longer than is typical. The Developer is asking to delay the construction of the gravel section of the trail until they can get the permit approved instead of it being a condition of Phase I approval. The Development Agreement would be amended to read:
Multi-use Trail. DEVELOPER will be required to construct a 10-foot wide asphalt multi-use trail either along Alkali Creek Road or through the Developer Tract within a public easement for the length of the Developer Tract. With the development of Phase I, DEVELOPER is required to construct a 10-foot-side asphalt multi-use trail through Phase I and a gravel trail through Phase 2 and 3 once a permit is obtained from the US Army Corps of Engineers (USACE). Any delay in obtaining the permit may delay the construction of the gravel trail. Developer shall actively pursue the USACE permit. Delay of the gravel trail will not prevent the City from accepting the Phase I improvements. With the development of Phase 2 and phase 3, the multi-use trail must be paved.
Multi-use Trail. DEVELOPER will be required to construct a 10-foot wide asphalt multi-use trail either along Alkali Creek Road or through the Developer Tract within a public easement for the length of the Developer Tract. With the development of Phase I, DEVELOPER is required to construct a 10-foot-side asphalt multi-use trail through Phase I and a gravel trail through Phase 2 and 3. With the development of Phase 2 and phase 3, the multi-use trail must be paved.
The Developer has been working with the US Army Corps of Engineers (USACE) to get the trail permitted. Because of the amount of wetland impact, the permit is taking longer than is typical. The Developer is asking to delay the construction of the gravel section of the trail until they can get the permit approved instead of it being a condition of Phase I approval. The Development Agreement would be amended to read:
Multi-use Trail. DEVELOPER will be required to construct a 10-foot wide asphalt multi-use trail either along Alkali Creek Road or through the Developer Tract within a public easement for the length of the Developer Tract. With the development of Phase I, DEVELOPER is required to construct a 10-foot-side asphalt multi-use trail through Phase I and a gravel trail through Phase 2 and 3 once a permit is obtained from the US Army Corps of Engineers (USACE). Any delay in obtaining the permit may delay the construction of the gravel trail. Developer shall actively pursue the USACE permit. Delay of the gravel trail will not prevent the City from accepting the Phase I improvements. With the development of Phase 2 and phase 3, the multi-use trail must be paved.
ALTERNATIVES
City Council may:
- Approve the amended Development Agreement with the property owner; or
- Not approve the amended Development Agreement. If the agreement is not approved, the Developer will need to construct the entire trail under Phase I. This will likely delay the completion of Phase I.
FISCAL EFFECTS
There is no financial impact with approval of this amended Development Agreement. The construction of the gravel trail shall still be the responsibility of the Developer, however the construction may be delayed.