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1 <br /> <br /> STAFF REPORT <br />DATE: 07/2/24 <br /> CONSENT <br /> ITEM #: ______ <br /> MOTION <br /> <br />TO: City Council <br />FROM: Jenni Faulkner, Planning Consultant <br />AGENDA ITEM: Amendment to Development Agreement Eastong Village 6/7th Addition <br />REVIEWED BY: Sophia Jensen, City Planner <br /> Sarah Sonsalla, City Attorney <br /> <br /> <br /> <br />BACKGROUND: <br /> <br />The City Council approved the Development Agreement for Easton Village 6th and 7th Additions on <br />3/19/2024. Easton Village 6th Addition is one lot that was an outlot providing temporary access for the 4th <br />Addition. That temporary access is no longer needed (4th Addition is built out) and the lot can be built on. <br />At the time Easton Village 6th final plat was being reviewed, city staff were also reviewing the final plat <br />for Easton Village 7th Addition. At that time, the infrastructure for the 6th addition was in place, however <br />other conditions related to the development of the lot were outstanding. Rather than prepare separate <br />development agreements, one agreement was prepared and approved that included both plats. <br /> <br />One of the details in the Development Agreement is that the public infrastructure needs to be installed and <br />approved by the city prior to issuance of building permits, with the exception of a model home. In this <br />case the infrastructure for the one lot of 6th Addition is in and has already been accepted by the city. <br />However, this is not for a model home as it’s an infill lot in an exiting neighborhood. The developer is <br />asking for an amendment to the Development Agreement to allow for issuance of a building permit and <br />future certificate of occupancy for the one lot of the 6th Addition. <br /> <br />ISSUE BEFORE THE CITY COUNCIL: <br /> <br />To consider whether to approve an amendment to the Development Agreement. <br /> <br />PROPOSAL DETAILS/ANALYSIS: <br /> <br />The developer’s request is reasonable and appears to be an oversight when the original agreement was <br />approved. The City Attorney has prepared the amendment. The developer owes outstanding escrow for <br />the 5th Addition, which will be collected prior to release of the amendment and building permit. A <br />condition is in the resolution. The amendment also includes a condition regarding a requirement for <br />additional railroad crossing easements. <br /> <br />Since the approval of the Development Agreement, Union Pacific Railroad has brought to the city’s <br />attention that additional easement area is needed to facilitate the future public crossing of Village <br />Parkway. A provision has been added to this amendment requiring the execution of the revised railroad <br />crossing easements prior to issuance of a building permit. <br />