SUBJECT:
Title
Request Approval of Developer’s Agreement Between Iron Lake Property, LLC and Marion County Related to the Ironcrest Phase 1 Final Plat 29959 (Budget Impact - Neutral; expenditure of $271,514.40, in future Transportation Improvement Program)
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INITIATOR: |
DEPARTMENT: |
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Steven Cohoon, PE, County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
On August 20, 2024, the Board of County Commissioners approved Application No. 240814ZP, amending the Adena Golf and Country Club Planned Unit Development (PUD) pursuant to Ordinance No. 24-23 and Resolution No. 24-R-335. Through that action, the Board directed the preparation of a Developer's Agreement addressing the construction of a southbound right turn lane improvement at the intersection of NW Anthony Road and State Road 326 and a northbound left-turn lane into the development entrance on Anthony Road. The Adena Golf and Country Club and/or Adena Springs holdings as referenced in these applications, PUD, Ordinance and Resolution are now owned by Iron Lake Property, LLC, which has now submitted the Ironcrest Phase I Plat.
The proposed Developer's Agreement addresses those Board-directed improvements and establishes the framework for the design, permitting, construction, funding, and administration of the associated transportation improvements. The Agreement also addresses traffic study requirements, transportation impact fee credits based on improvement costs, a staff-recommended public-private partnership reimbursement framework for the northbound intersection improvements at NW Anthony Road and State Road 326, right-of-way dedication requirements, and previously approved sidewalk obligations associated with the development.
The Agreement establishes transportation impact fee credits for eligible roadway improvements, including southbound intersection improvements at NW Anthony Road and State Road 326, estimated to cost $234,074.40, and entrance turn lane improvements on NW Anthony Road, estimated to cost $477,308.40. These estimates include construction, design, permitting, inspection, and other eligible project-related costs.
Additionally, staff determined that the northbound intersection improvements at NW Anthony Road and State Road 326 provide operational and safety benefits that extend beyond the impacts of the Ironcrest development. Accordingly, the Agreement establishes a public-private partnership under which the Developer will design, permit, and construct the improvements. The Agreement provides for reimbursement of actual and reasonable engineering, permitting, and construction costs, with reimbursement not to exceed the current estimated cost of $271,514.40 unless an updated estimate is approved by the Board. The Agreement further establishes documentation and payment requirements and authorizes the County Administrator or designee to administer the reimbursement process up to ten percent (10%) above the approved estimate. Any increase beyond ten percent (10%) requires Board approval. This approach allows the County to advance transportation improvements while leveraging private-sector project delivery and project management resources.
The Agreement also addresses outstanding obligations from prior approvals, including the dedication of additional right-of-way necessary to provide a 100-foot right-of-way corridor along the property's NW Anthony Road frontage and execution of a previously required sidewalk covenant for the property's frontage along U.S. Highway 301/441, State Road 326, and NW Anthony Road.
BUDGET/IMPACT:
Neutral; estimated expenditure of $271,514.40 for design, permitting, and construction of northbound intersection improvements at NW Anthony Road and State Road 326, with up to ten percent (10%) increase above the approved estimate allowed.
RECOMMENDED ACTION:
Recommended action
Motion to approve the attached Developer’s Agreement and to authorize the Chair and Clerk to execute the same.
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