Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE THE "HUDSON INDUSTRIAL PARK DEVELOPMENT AGREEMENT" WITH FABRI-CENTERS OF AMERICA, INC. DATED ON OR ABOUT MAY 3, 1996.
Executive Summary: The resolution will terminate this development agreement which preceded the Land Development Code (LDC), the adoption of which dealt with the topics contained in the agreement.
Body
Legislative History
The City entered this agreement on or about May 3, 1996 following Planning Commission approval of the preliminary infrastructure plan for Hudson Industrial Park on March 25, 1996. The Agreement was authorized by Resolution No. 96-75, passed by City Council on May 1, 1996.
Purpose & Explanation
Since the adoption of the LDC in December 1999, the approval of those projects that were developed in Hudson Industrial Park since then have been complicated by the subject agreement. These projects include Universal Screen Arts and Gem Edwards. At the time the industrial park was developed the newly merged City was operating under an interim development control ordinance that was a hybrid of the township and village codes. Some of the concerns of Planning Commission were not clearly addressed in the control ordinance. To insure that they were, the development agreement was made a condition of Planning Commission approval and subsequently adopted by Council. The agreement addressed 1) an electric transmission line easement, 2) a fitness trail, 3) tree protection, and 4) traffic impact.
In the almost twenty years since this project was approved, the terms of the agreement have been addressed with the completed infrastructure, the Final Subdivision Improvement Agreement, bonds posted for the improvements, and most significantly by adoption of the LDC which settled the issues raised in the agreement City-wide, including connectivity, tree protection, and traffic impact. A significant difference between the agreement and the LDC is that the agreement required a per-acre fee for lands to be cleared plus the tree harvest value. Although tree protection and soil erosion control are part of the LDC and an important part of any project review, the City does not require these costs for any project.
Now that the City is working through the approvals for the Ramco project staff has come to the conclusion that the development agreement has passed its time and should be terminated so that this and future projects would not be burdened by it.
Timing Considerations
None, although the Ramco project will benefit from this termination.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends adoption of the resolution.
Submitted by,
Jane Howington, City Manager
Mark Richardson, Community Development Director