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CONSIDERATION OF AN AMENDMENT TO THE PUBLIC IMPROVEMENTS PROGRAM FOR THE FINAL PLAT FOR HARVEST CHURCH ADDITION TO APPROVE THE DEFERRAL OF CONSTRUCTION OF STREET PAVING, STORM WATER DRAINAGE, AND SIDEWALK IMPROVEMENTS IN CONNECTION WITH 36TH AVENUE N.W. (LOCATED ON THE WEST SIDE OF 36TH AVENUE N.W. NORTH OF INDIAN HILLS ROAD)
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BACKGROUND: The final plat for Harvest Church Addition, Lot 1, Block 1, was approved by City Council at its meeting of November 13, 2012. This particular 14.55 acre development project includes a 303-space surface parking facility, open space for future athletic fields and a storm water detention basin. The original Heartland Harvest Church Addition was filed of record on August 29, 2007 and included the sanctuary, offices, basketball court and a parking lot. The current plat will allow the sanctuary to be expanded in 2013. The property is generally located on the west side of 36th Avenue N.W. approximately 1,600 feet north of Indian Hills Road.
With final platting, a program of public improvements was established for the implementation by the owner/developer. Originally, the church intended to construct 36th Avenue N.W. street paving, storm water drainage and sidewalk improvements. However, church officials have determined it is in their best interest to defer the street paving, storm water drainage and sidewalk improvements in connection with 36th Avenue N.W. To clarify, the storm water detention basin will be constructed by the church at this time. This item is to amend the program of improvements associated with Council's approval of the final plat on November 13, 2012, to allow for the deferral of these public improvements.
DISCUSSION: Approximately 514 feet of 36th Avenue N.W. is required to be constructed to City standards as a half width major arterial street. Section 19-602 B 1.2. (a)(b)(c) and (d) of the City Code establishes a method of deferring public street improvements under the following situation: (a) where incompatible grades exist; (b) where there are inadequate or a lack of connecting facilities; (c) where construction of the improvement would not immediately function for its intended use: or (d) where such improvement would be replaced by a planned future project. When deferred construction is chosen, the developer is required to post a certificate of deposit with the City for the cost of the improvements. When 36th Avenue N.W. is widened in the future, Harvest Church may be entitled to a partial refund of these deferral fees if the actual cost of the project is less than estimated.
Staff has observed over the years that gap paving or "piecemeal" paving has been less than effective for arterial streets. There have been times over the years paving improvements have been constructed and then replaced because they did not fit in the overall design of the street. Because of this short length of pavement, staff is recommending deferral until future development occurs. It is likely that the 36th Avenue N.W. Project included in the 2012 Bond Program can be extended to include this portion of the arterial street improvement in 2017.
In comparison, City Council approved deferral of street and sidewalk improvements for 36th Avenue N.W. in connection with Commerce Parkway Addition, Section 3, a Planned Unit Development located across the street from the church at their meeting of December 11, 2012.
As a result, church officials and City staff concur that the best method of construction for this portion of 36th Avenue N.W. is to defer the street paving, storm water drainage and sidewalk improvements and instead construct a temporary southbound right turn asphalt lane without curbing. If approved, the church will submit a Certificate of Deposit or cash in the amount of $55,549.65 for the deferral of street paving, storm water drainage and sidewalks in connection with 36th Avenue N.W.
RECOMMENDATION: With the above-mentioned information, staff recommends approval of the amendment to the program of improvements and deferral of street paving, storm water drainage and sidewalk improvements in connection with 36th Avenue N.W.