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HomeMy Public PortalAboutAB 13-174 Third Amendment to the Development Agreement 501 S 3rd Street- Woodys McCALL CITY COUNCIL 216 East Park Street AGENDA BILL McCall, Idaho 83638 Number AB 13-174 Meeting Date September 26, 2013 AGENDA ITEM INFORMATION  SUBJECT: CUP-10-03: 501 N. 3rd Street Request for Third Amendment to the Development Agreement Department Approvals Initials Originator or Supporter   Mayor / Council     City Manager     Clerk     Treasurer     Community Development  Originator   Police Department     Public Works     Golf Course    COST IMPACT: n/a Parks and Recreation    FUNDING SOURCE: n/a Airport      Library    TIMELINE: ASAP Information Systems      Grant Coordinator    SUMMARY STATEMENT: Mr. Woodworth is requesting consideration for a Third Amendment to the Development Agreement for 501 N. 3rd Street. He requests to delete section 4 of the original development agreement to receive alleviation from the McCall City Code requirements for the installation of sidewalks, curbs and gutters, and the related improvements along Colorado Street. Additionally, the proposed amendment requires the property owner to dedicate an easement for a small triangle of future sidewalk that cuts across the southwest corner of the 501 N. 3rd Street property near the northeast corner of 3rd Street and Colorado Street. The approval of CUP-10-03, DR-10-06, and SR-10-03 required sidewalks along 3rd Street and Colorado Street along the 501 N. 3rd Street parcel. The 3rd Street section in front of the Shell Station was committed to connect the property to the downtown sidewalk network and was used as a private match for the 3rd Street Improvement Project. Since the original agreement was approved on April 26, 2010, Mr. Woodworth has requested three amendments to the development agreement to extend the timeline into the future. All amendments were approved by the City Council. The McCall Area Planning and Zoning Committee held a public hearing on September 10, 2013 and recommended approval to the City Council without a second public hearing. Mr. Woodworth has claimed financial hardship and the pending sale of the property as the reasons for not completing the Colorado Street improvements. Financial hardship has not been a criteria used in past decision making for development agreement amendments. The sidewalk improvements along Colorado Street create a street for all modes of transportation and are consistent with the goals and objectives of the McCall Area Comprehensive Plan, the McCall Area Pathway Master Plan, and the Complete Street Policy. Alleviation of the Colorado Street section of sidewalk will not affect the CDBG private match commitment.  RECOMMENDED ACTION: The City Council may approve or deny the request for the Third Amendment to the Development Agreement or extend the timeline for the construction of the Colorado Street sidewalks.  RECORD OF COUNCIL ACTION  MEETING DATE ACTION