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1 <br />LA515\1\931888.v2 <br /> <br /> STAFF REPORT <br /> DATE: 2-20-2024 <br /> <br /> Regular Motion <br />TO: City Council <br />FROM: Nathan Fuerst, AICP, Consulting City Planner <br />AGENDA ITEM: Zoning Text Amendment – Housekeeping Items (Part II) <br />REVIEWED BY: Sophia Jensen, City Planner <br /> Jenni Faulkner, Bolton and Menk Senior Consulting Planner <br /> Sarah Sonsalla, City Attorney <br /> <br /> <br />BACKGROUND: <br />In the process of preparing Ordinance No. 2024-03 to make corrections on zoning ordinance <br />housekeeping issues, staff identified several more corrections that were determined necessary but <br />not part of the public hearing and review process for this Ordinance. <br /> <br />ISSUE BEFORE THE PLANNING COMMISSION: <br />The City Council is asked to make a determination on the proposed amendments to the City’s <br />Subdivision Regulations and Zoning Code. <br /> <br />PROPOSAL DETAILS: <br />City Subdivision Regulations and Zoning Code Sections under review: <br />• 103.00.160 (Subdivision Regulations - Required Improvements; Financial <br />Arrangements) <br />• 105.08.100 (Zoning Code – Security Escrow for Construction) <br />• 105.12.260 (Zoning Code – Permits, Certificates and Licenses) <br /> <br />ANALYSIS OF PROPOSALS: <br />Proposed language is underlined. Deleted language is shown with a strikethrough. <br /> <br /> <br />103.00.160(i)(Subdivision Regulations – Required Improvements; Financial Arrangements): <br />The intent of these amendments is to create consistent language relating to the release of <br />development securities. The proposed language is already the City’s policy relating to the release <br />of securities. <br /> <br />Proposed Language: <br />(i) Developers agreement/security. Subsequent to approval by the council of a final plat and before execution by <br />the city of the final plat or other appropriate forms of city approval, the developer shall: <br />(1) Enter into a developer's agreement whereby developer shall undertake performance of the <br />obligations imposed by this title, or by council condition, and containing the other terms and <br />provisions and in the form as shall be acceptable to the city attorney, including, but not limited to, <br />provisions for default; and <br />(2) Submit a letter of credit or cash deposit (security) which guarantees completion of all improvements <br />within the times specified by the city engineer. The amount of the security shall be 125 percent of the <br />estimated construction cost of the improvements. The security shall be in the form and contain the