Adopt Resolution #22-209 Approving the Development Agreement for PACT Charter School

The purpose of this case is to review and approve the Development Agreement for PACT Addition.
 

Notification is not required.

Attached is the proposed Development Agreement for the PACT Charter School project.  It outlines fees, project costs, and financial sureties that the City will collect to ensure that the project is completed in accordance with City standards and approved plans.  Reconstruction of 161st Avenue is in the CIP for 2024.  However, with this project coming forward in 2022, the City has opted to advance the road reconstruction project up to 2023.  The Development Agreement addresses what improvements the City will install/construct (as part of the street reconstruction project) and those improvements that the Applicant shall complete.  Note that at the time of writing of this case, the attached Development Agreement is in, or very near, final format.  There are a couple items still being discussed between Applicant and Staff.  If any modifications are needed, an updated draft will be uploaded.  

The Applicant has informed the City that the school building footprint will now be slightly smaller than what had originally been approved as part of the Site Plan (see attached exhibit showing building modifications).  Furthermore, the visitor bleachers, as well as the concessions building, will now be considered in a future phase.  These modifications result in slightly less impervious surface coverage on the Subject Property (at least temporarily).  No other modifications are proposed; the drainage and grading plan, landscape plan, etc., will remain as originally approved.  It is likely that these improvements will be pursued in the future.  Note that Resolution #22-125, which approved the Preliminary Plat,  Final Plat, and Site Plan, specified that the principal building could be built in phases.

All costs associated with reviewing this Application are the responsibility of the Applicant. 

The City will be undertaking the reconstruction of 161st Avenue per the CIP (granted, one year sooner than originally planned), including the installation of utilities.  The Applicant will be responsible for their share of the cost of the utilities (collected as Lateral Benefit fees) as outlined in the Development Agreement.

Staff recommends approval of the Development Agreement.

Motion to adopt Resolution #22-209 approving the Development Agreement for PACT Charter School.