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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br /> <br /> <br />Request for Action <br /> <br />To <br />City Council <br />Item Number <br />4.9 <br /> <br />Meeting Date <br />December 2, 2024 <br />Prepared By <br />Zack Carlton, Community Development Director <br /> <br />Item Description <br />Development Agreement Update: Bradford Park <br />Reviewed by <br />Cal Portner <br />Tina Allard <br /> <br />Action Requested <br />Approve, by motion, an update to the development agreement with Lennar, increasing the number of model <br />homes permitted by the city. <br /> <br />Background/Discussion <br />The first phase of Lennar's Bradford Park Subdivision has been under construction this summer. They have <br />made good progress thus far but have run into some issues that have delayed the completion of their public <br />improvements. These delays limit their ability to pull building permits to construct additional homes within the <br />development. Their development agreement with the city prohibits the city from issuing permits until all <br />public improvements have been installed. <br /> <br />Lennar has requested city approval of certain building permits to begin construction, notably, those without <br />required sidewalks. Staff reviewed their request and are comfortable treating these additional permits as <br />model homes, which allows the issuance of permits. However, a certificate of occupancy will not be approved <br />until all public improvements are completed. The proposed amendment increases the number of model <br />homes from 6 to 20. <br /> <br />The staff's recommendation of approval is not without concern. First, installing the sidewalk during the <br />construction of a home will impact the developers' ability to continue to work on the home. Driving <br />equipment on concrete not fully cured increases the likelihood of damaging the sidewalk. Staff have worked <br />with developers in the past to create a temporary bridge during the curing process, but these have typically <br />ended with damaged sidewalks and the developer replacing the impacted section. There should be zero traffic <br />across the sidewalks until they have fully cured, and approved by engineering staff. <br /> <br />Second, depending on the timing of the sidewalk work in the spring, the homes may be ready for sale before <br />sidewalk completion. Issuing the building permit under the model home standard prohibits the issuance of a <br />certificate of occupancy until all improvements, except the final lift of pavement, are installed and approved by <br />the city engineer. This scenario is not uncommon and the building department receives calls from prospective <br />buyers asking why the city will not issue the occupancy permit for their model home. Lennar's development <br />team will need to convey this standard to their sales team to ensure homes are not scheduled for closing <br />before full acceptance of all public improvements. <br />Page 150 of 211