#20 - Easton Village 7th Addition DA Amendment

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LA515\89\988411.v1 Addition. More specifically the Developer has requested that Section 27.A. of the Development Agreement be amended so that it is the same or similar to Section 27.A. of the Easton Village 5th Addition Development Agreement. Prior to 2023, the City allowed building permits to be issued without the sidewalks being installed and accepted upon completion of certain other items. However, there were some serious issues including damaged sidewalks, sidewalks needing to be replaced, overall continuity of the entire sidewalk length on a block being inconsistent, and excessive staff time spent ensuring the sidewalks were up to City standards. More importantly the developers have not adequately protected the new sidewalks from damage by home building contractors and subcontractors during the 7-day curing period, which can result in a shortened service life for the sidewalk. With its request to amend the Development Agreement, the Developer is requesting language where building permits can be issued prior to sidewalk installation and after public improvements have been installed and tested, but prior to acceptance. If the Council is supportive of the Developer’s request, City staff strongly recommends that the Development Agreement amendment also include the insertion of Section 27.H. from the Northstar 1st Addition Development Agreement in its entirety. This provision is intended to address the requirement for installing sidewalks after the issuance of building permit and is consistent with the City’s standard form of Development Agreement and language used in all previous Easton Village development agreements. FISCAL IMPACT: • If the Development Agreement is amended, there would be an ample amount of City staff time involved in monitoring compliance and enforcement of the Development Agreement requirements. • There may also be a cost to the City if the sidewalk quality is impaired and requires replacement or repair. • In the past, developers have sought retention of sidewalks that were required to be replaced by Engineering. If the sidewalk is not replaced by the developer during the warranty period, this could result in sidewalks failing and needing to be replaced sooner than scheduled at a cost to the City’s residents. OPTIONS: 1) Approve the second amendment to the Development Agreement Amendment for Easton Village 6th and 7th Additions. 2) Deny the second amendment to the Development Agreement Amendment for Easton Village 6th and 7th Additions. 3) Change the proposed second amendment to the Development Agreement for Easton Village 6th and 7th Additions to say something different than what is being proposed. RECOMMENDATION: Staff recommends that the City Council deny the proposed second amendment to the Easton Village 6th and 7th Additions Development Agreement. “Motion to deny the Developer’s request to amend Easton Village 6th and 7th Addition Development Agreement that would to allow building permits to be issued prior to public improvement acceptance and sidewalk installation.” Should the Council choose to approve the request, a resolution has been drafted such that the Development Agreement can be amended without having to bring it back to Council. This will expedite the building permit issuance process for the Developer as winter is fast approaching. The motion would be as follows: “Motion to approve Resolution 2024-123 approving the second amendment to the development agreement for Easton Village 6th and 7th Additions.”