Consideration and Adoption of Resolution No. 2014-25:  A resolution authorizing the execution of a Development Agreement between City of Flagstaff and Evergreen - Trax, L.L.C. related to the development of approximately 33.6 acres of real property generally located at the intersection of Route 66 and Fourth Street, Flagstaff, Arizona.

State law allows cities to enter into development agreements by resolution.  The proposed Development Agreement ensures that the development of the Property complies with City standards for development and engineering improvements, and the City believes that development of the Property pursuant to this Agreement will result in planning, safety and other benefits to the City and its residents.

This request is the first of two related items; the second item is the consideration and approval of Second Amendment of Purchase and Sale Agreement Item 10.J..

On June 17, 2014, the City Council conducted a Public Hearing concerning the Zoning Map amendment request for The Trax development.  On June 17, 2014, the City Council unanimously approved the Zoning Map amendment for the first time. On July 1, 2014, the City Council approved an amended development agreement and adopted the Zoning Map amendment for the final time (Ordinance No. 2014-14).

Subsidiary Decisions Points: 
A resolution approving a Development Agreement which includes a Waiver of Claims for Diminution of Value is  was included approved by Council on the Council agenda for the July 1, 2014. meeting to be read and, at the Council's direction, approved prior to the second reading and approval of Zoning Map Amendment Ordinance No. 2014-14. After the July 1 meeting, one of the councilmembers submitted a formal request to the City Clerk to reconsider the Evergreen Development Agreement (DA) agenda item 10 (C).  Consequently, the DA may be reconsidered at the July 15, 2014 City Council meeting. Staff has prepared two separate Development Agreement options:

Options:

A.  Staff has attached a version of the Development Agreement that does require payment towards the 4th Street bridge widening. 

B. Staff has attached a version of the Development Agreement that does not require payment towards the 4th Street bridge widening.

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Retain, expand, and diversify economic base
Effective governance

No previous Council discussion has occurred as it relates to this Development Agreement.  Yes, Council approved the Development Agreement that required contribution to the 4th street bridge at their July 1, 2014 meeting.  See discussion under "Subsidiary Decision Points." The Developer has processed Council approved applications for a Regional Land Use and Transportation Plan amendment and a Zoning Map amendment for the subject property concurrently with the processing of this application. 

If the Council does not require within the Development Agreement the bridge contribution, a revised purchase and sales agreement that corresponds to this direction will be considered in the next Agenda item. If the Council confirms the previous approval which did require the bridge contribution, the purchase and sales agreement does not require consideration.

The Council also approved a purchase agreement for the sale of this property and have also amended that agreement.  Prior to the consideration of this application, the Council has taken action on the previously identified amendments.

The City Council may approve, deny, or modify the agreement as necessary to ensure that the development meets the objectives of the Regional Land Use and Transportation Plan, the Zoning Code, and the City's development goals.

The Developer has requested a Regional Land Use and Transportation Plan amendment and a Zoning Map amendment to accommodate the development of approximately 250,000 square feet of leasable building space to be named "The Trax" shopping center.  The City and the Developer have agreed to development standards, guiding principles, obligations, phasing, process and other general provisions detailed in the Development Agreement.  The Development Agreement addresses Developer responsibilities for constructing a FUTS trail, providing outdoor public space, preserving the historic trestle bridge, complying with Drive-through Facility requirements as detailed in the Zoning Code, and ensuring that construction of public improvements coincide with the phased development of the project.  Additionally, the Developer will be required to contribute $320,000.00 towards I-40 Bridge improvements, and to contribute $179,000.00 to cover a pedestrian crossing study and any recommended improvements to Route 66 related to the development of the Property. On July 15, 2014, if reconsideration of the July 1, 2014 vote is approved, the Council will consider a Development Agreement which either does, or does not, require a monetary contribution towards I-40 (at 4th St) Bridge improvements, and may or may not require an amendment to the purchase and sale agreement.

State law allows the City to enter into development agreements by resolution.  The proposed Development Agreement, along with the Rezoning Ordinance, would govern the terms and conditions of the zoning and development of The Trax proposal.

The amended agreement (attached) is currently in Evergreen's office for review and we should have a final agreement for Council consideration at the July 1, 2014, meeting. The development agreement as presented at the July 1, 2014 meeting (no bridge contribution) was accepted, signed and notarized by Evergreen Devco before the meeting on July 1, 2014.

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The Trax development area is anticipated to be a significant contribution to the regional economy which is needed in the east side of the Flagstaff community and directly to the Sunnyside neighborhood.  Additionally, this development disperses the shopping and services geographically to assure efficiencies in the delivery of private/public services and investment within the community.

Inform.

Development agreements do not require public or neighborhood notification.  However, this agreement is tied to the proposed Regional Land Use and Transportation Plan amendment and Zoning Map amendments which require public notifications, and have had public hearings before the Planning and Zoning Commission and the City Council.

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