Adopt Resolution #14-05-084 Granting Cross of Hope Lutheran Church an Extension for Completion of Required Improvements

On January 25, 2011, the City Council approved the Plat entitled Cross of Hope Addition as well as the Site Plan for Cross of Hope Lutheran Church. On August 2, 2011, the City Council approved an amendment to the Development Agreement for this project to allow Cross of Hope Lutheran Church to utilize an alternative option to financial sureties for the on-site, private required improvements, which was withholding of the Certificate of Occupancy until all improvements were completed. At that time, it was still anticipated that all required improvements would be completed yet in 2011 or early in the 2012 construction season.  On April 23, 2013, the City Council approved an extension till June 15, 2014 to complete the required improvements.  Cross of Hope is still in litigation with their former general contractor, which is impacting their ability to complete the remaining required improvements (mostly a small amount of landscaping) and thus, they have requested another extension. 

Notification is not required for this type of request.

The building addition, parking lot expansion and grading and drainage work began in August/September of 2011. However, in March of 2012, Cross of Hope Lutheran Church terminated their contract with their original contractor and took over the remainder of the project. In October of 2012, Cross of Hope requested a Certificate of Occupancy to ensure that their site was available as a polling location. At that time, Staff reviewed what required improvements were still outstanding, collected a surety for those remaining items (consisting mostly of landscaping and establishment of permanent erosion control measures near the storm pond and in the southern portion of the property where spoils from the excavation were spread) and gave a deadline of June 15, 2013 for completion of the required improvements. A temporary Certificate of Occupancy was issued (there remained a few minor building code related items) on November 2, 2012.

Cross of Hope also established that the parking lot (private improvement) was not constructed per the original plan and thus does not function as it was designed. Therefore, they intend to mitigate those errors but will need to wait until the litigation is finalized.  This work has the likely potential to impact landscaping and walkways between the parking lot and the building, which Cross of Hope would prefer to avoid if possible. They are requesting an extension of one year to complete the required improvements within twenty-five (25) feet of the west end of the parking lot and in front of the building.

Alternatives/Options

#1 Approve Resolution #14-05-084 granting an extension to June 15, 2015 to complete the required improvements. The intent of the timely completion of required improvements and holding a surety is to avoid having a partially completed project that a developer abandons. Cross of Hope continues to offer services at their site and to make progress toward finalizing their project. The majority of the required improvements are completed and the remaining improvements would be impacted with the parking lot mitigation efforts.  Thus, Staff supports granting an extension for Cross of Hope to complete the required improvements.

#2 Deny the extension request. This would require Cross of Hope to complete all required improvements no later than June 15 of this year. If any items remain outstanding at that time, the City could draw upon the surety to complete the improvements. However, redoing the parking lot, which would not be completed by June 15, 2014, would potentially damage or disturb this area and this work would have to be repeated. Staff does not recommend this action.

The Applicant is responsible for all costs associated with this request.

Staff recommends the City Council adopt Resolution #14-05-084 granting Cross of Hope Lutheran Church an extension for completing the required improvements until June 15, 2015.

Motion to adopt Resolution 14-05-084 granting Cross of Hope Lutheran Church an extension for completing the required improvements until June 15, 2015.