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    7. 2.    
CC Regular Session
Meeting Date: 09/12/2017  
By: Tim Gladhill, Community Development

Information
Title:
Adopt Resolution #17-09-239 Approving Amendment to Development Agreement for COR Three North Commons (Project No. 16-63); Case of Purmort Homes
Purpose/Background:
The purpose of this case is to consider a request from Purmort Homes to delay installation of sidewalks to a phased development plan. The reason behind the request is the close proximity of sewer and water connections to the edge of the sidewalk. The Developer's Contractor has noted that the sidewalk would need to be replaced each time a sewer and water extension to a new dwelling were completed. Traditionally, these sidewalks are required to be installed prior to dwellings being occupied. In this instance, the approved plan set did not leave sufficient space to avoid conflicts between sidewalks and sewer/water connections. Staff will ensure this does not become an issue for future projects.
Notification:
Notification is not required for this request. There is no request to deviate from minimum City Code design standards. This is simply a timing/staging/Development Agreement issue.
Observations/Alternatives:

The request is to divide sidewalk construction into three (3) phases.
  1. Phase I completed this fall as originally contemplated in the current Development Agreement.
  2. Phase II completed in Spring 2018 (Staff will interpret/add to Development Agreement Amendment a completion date of June 31, 2018)
  3. Phase III completed in Fall of 2018 (Staff will interpret/add to Development Agreement Amendment a completion date of October 31, 2018)

Given the construction conditions, Staff is comfortable with the concept of delaying and phasing construction. However, Staff would recommend only two phases, not three, for construction administration purposes. There are a number of other uncompleted elements of the project that need to be completed in a timely fashion. The more phases that are introduced, the more complexity and difficulty in tracking and administering is introduced, increasing the opportunity for human error.

Staff has been working with buyers of new dwellings in this project to ensure that it is known that sidewalks will be constructed. An issue the City has experienced in similar situations (delaying installation of sidewalks and trails) is the lack of awareness of the pending improvements. This has created a number of difficulties in past projects that Staff hopes to avoid.

Staff also wants to clarify that this Amendment does not extend the timeframe to complete required grading and stormwater improvements. This component is still not completed. The Developer has noted that unexpected grading activities (export/import/soil corrections/suitable soil supply) has led to certain delays in completing mass grading for the development. While Staff has been flexible in permitting new dwellings to be constructed, Staff recommends that no further extensions on this aspect be allowed, and that this should be completed before additional permits are issued. Staff believes this aspect of the project should be completed before additional activities are commenced to avoid furthering the level of uncompleted aspects of the project.
Funding Source:
All costs associated with reviewing the request are the responsibility of the Applicant.
Recommendation:
Staff recommends approval of the Amendment to the Development Agreement for COR North Commons as attached.
Action:
Motion to adopt Resolution #17-09-230 approving the Amendment to Development Agreement for COR Three North Commons.

Attachments
Site Location Map
Amendment to Development Agreement
Developer Written Request
Phasing Proposal
ORIGINAL Development Agreement
Resolution #17-09-230

Form Review
Inbox Reviewed By Date
Kurt Ulrich Kurt Ulrich 09/07/2017 10:59 AM
Form Started By: Tim Gladhill Started On: 08/30/2017 07:54 AM
Final Approval Date: 09/07/2017

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