To help spur the construction of a long-awaited street on Powell’s western edge, the Powell City Council has agreed to reverse the order in which subdivision lots must typically be developed. 

Adalberto Acevedo purchased the land in question from New Life Church in May 2017; it sits just off Tower Boulevard between the church and the Whispering Pines subdivision. The area is zoned residential, and Acevedo plans to develop and sell the property for new housing. 

Typically, the city’s development agreement requires subdivision developers to build the streets, sidewalks, curbs and gutters prior to receiving a building permit. However, Acevedo requested permission to complete those improvements after getting a building permit. This would allow him to sell the property and begin the housing development prior to the infrastructure being completed.

The council agreed to the request at its Nov. 15 meeting, with the stipulation that Acevedo performs the improvements within one year of receiving a building permit. Deputy City Attorney Scott Kath said the altered agreement was worked out over several months. 

“The clock is not ticking until such time he has sold the property and wants to begin building,” Kath explained. “Then he has to get the building permit from the city, and then at that time he’ll have one year to complete all of those improvements.” 

Kath said the altered agreement would “encourage and allow” the initiation of the development  in the New Life Development subdivision, which currently has no street or sidewalks.

“We’re getting a finished street, which we would really like, because it is used,” City Administrator Zack Thorington told the council.

Any housing built on the lot cannot be occupied until the street improvements are finished and Acevedo is required to hold a $100,000 bond, which Kath said would “keep something over his head.”

Should Acevedo not complete the improvements for any reason, Thorington said the city could use the bond to do that work. He said the agreement ensures the developer pays for the cost of constructing the infrastructure.

“Mexico is not paying for it,” Kath said, which was followed by some laughter. 

Acevedo will be required to build out the infrastructure for all utilities as well, including bringing water, sewer, electric and fiber lines to the lot. That work must be done first, since the lines go under the street pavement. 

Thorington said it’s not the first time the city has altered its standard agreement in the course of working with developers. When Park County School District 1 constructed the agricultural building north of Powell High School, the city allowed some deviations from the standard agreement for that project as well.

“It’s not out of the ordinary. It’s been thought through quite extensively for how it would work for both parties,” Thorington said, and it would not set a precedent that would create problems with other developments in the future.