8.2. SR 11-21-2016 - Laserfiche WebLink

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Request for Action To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General Business November 21, 2016 Zack Carlton, Planning Manager Bob Ruprecht, Building Official Item Description Reviewed by Development Agreement for Miske Meadows Cal Portner, City Administrator Reviewed by Action Requested Receive comments related to timing for the issuance of building permits in Miske Meadows and provide direction to city staff. Approve, by motion, the Development Agreement for Miske Meadows. Background/Discussion The conditions imposed by City Council for approval of the resolution for the Final Plat of Miske Meadows include a requirement of a signed Development Agreement. The agreement outlines the costs and responsibilities to the satisfaction of city staff. Staff and the attorney drafted a Development Agreement outlining the responsibilities and are seeking Council approval. The applicant proposed some changes to our standard agreement, most of which staff are comfortable with due to the conditions of the site. However, an agreement has not been reached regarding the timing for issuance of building permits. Our standard Development Agreement states building permits, other than model homes, will not be issued until installation of all public utilities, small utilities (gas, electric, telephone), and the first lift of pavement has been completed. The applicant asked the requirement for the installation of small utilities to be completed relate to the issuance of a Certificate of Occupancy (CO) rather than the building permit. Staff does not support this change as issuing a building permit knowing the possibility that the home may not be ready by move in time creates problems for the city and residents. Frequently, buyers purchase the lot and plan the construction of their new home, frequently have sold their existing home, have closing dates set or have given notice of vacating their current rental property. They would be without a home if the small utilities are not completed by move-in time. If utility installation is delayed due to an early or harsh winter, construction would not occur until the following spring. The alternatives to holding a CO, supplying temporary heat and power to a home without services, would make for a long, noisy, and expensive winter. Staying at a motel is equally burdensome for families as they had planned to spend the winter in their new home. Both of those alternatives have been discussed in the past, and both place the city in the difficult situation of explaining why a permit was issued with the potential of a home not being ready for occupancy.