File #: 230263    Version: Name:
Type: Ordinance Status: Passed
File created: 3/16/2023 In control: Council
On agenda: 3/23/2023 Final action: 3/23/2023
Title: Sponsor(s): Councilmembers Teresa Loar, Heather Hall and Kevin O'Neill Amending Committee Substitute for Ordinance No. 160932, passed on December 15, 2016, by repealing Condition 16 of the Ordinance which required the developer to install a traffic signal at the intersection of N.E. Barry Road and N. Indiana Avenue and other related intersection improvements; and directing that such installation and improvements be made by the City with District One and Two Public Improvements Advisory Committee (PIAC) funds.
Sponsors: Teresa Loar, Heather Hall, Kevin O'Neill
Attachments: 1. Docket memo for Ordinance 230263, 2. Docket memo for Ordinance 230263, 3. 230263 cs to org ord-com, 4. Authenticated Ordinance 230263 CS
Related files: 150398
committeesub
[COMMITTEE SUBSTITUTE FOR] ORDINANCE NO. 230263

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Sponsor(s): Councilmembers Teresa Loar, Heather Hall and Kevin O'Neill

Amending Committee Substitute for Ordinance No. 160932, passed on December 15, 2016, by repealing Condition 16 of the Ordinance which required the developer to install a traffic signal at the intersection of N.E. Barry Road and N. Indiana Avenue and other related intersection improvements; and directing that such installation and improvements be made by the City with District One and Two Public Improvements Advisory Committee (PIAC) funds.

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WHEREAS, on December 15, 2016, the City Council passed Committee Substitute for Ordinance No. 160932 (the "Ordinance"), rezoning the property located at the southwest corner of N.E. Barry Road and N. Indiana Avenue to District B3-2 and approved a development plan on about 24.17 acres that also served as the preliminary plat to allow for the construction of a commercial development known as Marketplace 152; and

WHEREAS, since that time there have been only three pad sites constructed in Marketplace 152 which have assisted persons driving by the property to access certain businesses; and

WHEREAS, Condition No. 16 of the Ordinance required that the developer install a traffic signal at the intersection of N.E. Barry Road and N. Indiana Avenue and make certain intersection improvements to accommodate the traffic signal;

WHEREAS, it has become apparent since the Ordinance was enacted that these improvements are not required because of the Marketplace 152 development but due to natural growth in the area, especially due to the residential growth in the areas north of this intersection;

WHEREAS, the City Council desires to remove Condition No. 16 from the Marketplace 152 development plan approval due to the unfair burden placed on Marketplace 152 and to direct that installation of the traffic signal and intersection improvements be made by the City with District One and Two...

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