City Council Agenda and Packet 2020 11 10 SP

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SUBJECT: CLEMENTINE COMMONS SUBDIVISION AGREEMENT AMENDMENT DATE: NOVEMBER 10, 2020 PAGE 2 OF 3 BACKGROUND: The city approved the Clementine Commons subdivision plat and Final Planned Unit Development in March of 2018, which authorized construction of 42 multi -family dwelling units and associated site improvements. The city has issued building permits for 21 of the 42 units, and issued certificates of occupancy for five units. The City's standard subdivision agreement typically withholds a certain number of certificates of occupancy until the developer completes the required public improvements. Having this restriction helps to ensure all public improvements are completed and completed in a timely manner. This is in addition to the City holding a financial guarantee for the required public improvements. DISCUSSION: The applicant is requesting issuance of certificates of occupancy for seven of the remaining 16 units currently under construction. These units are complete and the site meets building and fire codes for access and circulation. The developer has substantially completed the public improvements needed to ensure the development is functional, but the City has not provided final acceptance for any of the public improvements and does not consider the improvements to be final. The major public improvements include construction of the detention pond at the southeast corner, a trail connection to the Coal Creek Trail, improvements to East Street, including curb, gutter, sidewalk and streetlights, as well as utilities. The developer is not requesting a reduction in the improvement guarantee or to alter any of the required improvements. Planning and Public Works staff are comfortable with the change in the number of certificates of occupancy that the City can issue prior to full completion of public improvements. The agreement will still require full completion of all public improvements prior to issuance of certificates of occupancy for the final 30 units in the subdivision, and will hold the full financial guarantee until all improvements are complete. PROGRAM/SUB-PROGRAM IMPACT: The request meets the Community Design and Economic Prosperity program goals and sub -program objectives by enabling new residents to complete purchases of the units in the development while continuing to ensure new development meets adopted zoning and design standards and guidelines. RECOMMENDATION: Staff recommends that the City Council approve the 1st Amendment to the Clementine Commons Subdivision Agreement. ATTACHMENT(S): 1. Clementine Commons Subdivision Agreement -1st Amendment 2. Clementine Commons Subdivision Agreement CITY COUNCIL COMMUNICATION