Agenda

Back to Calendar Return

City Council Regular Meeting

Meeting Date:

07/07/2020

BACKGROUND

The Unified Development Code (UDC) requires all necessary public improvements to be accepted by the City prior to filing the plat. The UDC does however make provision for a Subdivision Improvement Agreement to allow the plat to be filed prior to acceptance of those improvements with a surety being provided to ensure funds are available to complete the required work. Staff has generally not recommended entering into these agreements for residential plats to avoid a situation where residents are occupying homes and a significant amount of work remains.

In this case, the developer of the Crossvine has experienced significant delays with the contractor working on M1U3 Phase A and M1U3 Phase A. On March 26, 2019, City Council approved a Resolution authorizing a subdivision improvement agreement for M1U3 Phase A. That work has subsequently been completed and the developer is working to finish some outstanding items on M1U3 Phase B. Given that this property is located within TIRZ #2 it presents unique challenges for the developer completing the work. While the Developer is confident they can compete the work, they are requesting to be able to file the plat after all core and life safety items are complete (water, sewer roads, etc.) to allow construction to start while they wrap up the remaining items.

Given the significant size of the Crossvine and associated length of time this developer will be working in the community to finish this project (including numerous future phases) staff is recommending approval of entering into the agreement in this situation. That said, this is likely the only time staff will be comfortable doing this as the Developer understands what they can do differently to avoid this situation.

GOAL

Allow the developer of the Crossvine to enter into an Improvement Agreement to be able to file the plat with certain noncritical infrastructure not having been accepted and after posting a surety.

COMMUNITY BENEFIT

It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.

SUMMARY OF RECOMMENDED ACTION

Approval of the Resolution allowing the City Manager to enter into a Subdivision Improvement Agreement with the developer of the Crossvine. The agreement will be tailored to deal with the outstanding items once the critical items are competed.

FISCAL IMPACT

None

RECOMMENDATION

Staff recommends approval of Resolution No. 20-R-75.

Attachments
Crossvine Agreement Resoluton