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Report Number 14 -183 RUBRUTM Agenda Section VI -2 the city that works for you Council Meeting Date July 22, 2014 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consideration of construction commencement and compliance date extensions per the approved Planned Unit Development for Pulte Homes of Minnesota, LLC regarding the Enclave at New Brighton Exchange development. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director 8$::— CITY MANAGER'S APPROVAL: No comments to supplement this 15.99 Deadline: N/A Comments attached Recommendation: Adopt the attachc4 Rolution approving an extension to the Commencement Date (start of construction) and Compliance Date (project completion) for Phase 1 of the Enclave at New Brighton Exchange. Legislative History: May 13, 2014: The City Council adopted Resolution 14 -034 approving extension deadlines to the originally approved PUD. The construction Commencement Date approved at that time was July 31, 2014 and the project Compliance date approved was July 31, 2019. September 24, 2013: The City Council adopted Resolution 13 -076 approving a Preliminary Plat and Preliminary Planned Unit Development for 89 single family homes and 32 townhomes for the Enclave at New Brighton Exchange development and also a Final Plat and Final Planned Unit Development for Phase One (1) of Enclave at New Brighton Exchange. The Commencement and Compliance Dates originally approved were June 1, 2014 and December 31, 2018. Financial Impact: N/A Explanation: Zoning Code Section 7 -250 (3) requires that Commencement and Compliance Dates be specified for each phase of development approved through a Planned Unit Development. The Commencement Date is the date by which construction must start and the Compliance Date is the date by which construction of the development is complete. Per Resolution 14 -034, the Commencement Date for Phase One of the Enclave at New Brighton Exchange was set at July 31, 2014 and the Compliance Date was set at July 31, 2019. Because of the continuing delay in obtaining Minnesota Pollution Control Agency approval, these dates need to be extended a second time. Per Zoning Code Section 7 -250 (3) the City Council may extend these dates if requested in advance of their expiration. The following are requested: • Commencement Date — extended from July 31, 2014 to October 15, 2014 • Compliance Date — extended from July 31, 2019 to December 31, 2019 Pulte Homes of Minnesota LLC continues to reinforce their commitment to this project and is anxious to start construction. Costs and Funding: Not applicable UJ4 LL U6U ` Janice Gundlach Planning Coordinator