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File #: 22-1551    Version: 1 Name: 10/03/22 - 907 & 913 S. Main St.
Type: Resolution Status: Passed
File created: 10/3/2022 In control: City Council
On agenda: 10/3/2022 Final action: 10/3/2022
Enactment date: 10/3/2022 Enactment #: R-22-322
Title: Resolution to Approve Amendment of the 907 & 913 S. Main Street Development Agreement to Modify Sequence of Construction
Attachments: 1. 907 & 913 S. Main Street - Development Agreement - FULLY EXECUTED.pdf, 2. 907 & 913 S Main Staff Report w Maps12-1-20.pdf

Title

Resolution to Approve Amendment of the 907 & 913 S. Main Street Development Agreement to Modify Sequence of Construction 

Memorandum

The developer has requested a modification of the construction sequence required by the Development Agreement that would allow for the use of an existing water main to meet fire coverage, while awaiting the delayed delivery of materials for the installation of a new water main.  This necessitates an amendment to the 907 & 913 S. Main Development Agreement which requires that the developer complete construction of water mains and storm sewers prior to any building permits being issued.  The new water main will need to be completed prior to the issuance of any certificate of occupancy for the building, but the developer would still need to meet ordinance requirements for providing adequate fire protection to the site prior to the issuance of any building permits. Staff review has determined that a building permit could be issued with the fire protection currently available on the site.

Staff

Prepared By:                     Chris Cheng, City Planner

Reviewed By:                      Brett D. Lenart, Planning Manager

                     Derek Delacourt, Community Services Area Administrator

Approved By:                     Milton Dohoney Jr., City Administrator

Body

Whereas, Main + Davis, LLC has requested that P-6 of the Development Agreement be amended to modify the required construction sequence;

 

RESOLVED, That City Council approve the First Amendment to 907 & 913 S. Main Street Development Agreement, substantially in the form of that attached, dated September 7, 2022, to include the following revision:

 

(P-6)                     To install all water mains, storm sewers, sanitary sewers and public streets, through the first course of asphalt, pursuant to CITY approved plans and specifications, necessary to connect the site with existing CITY systems adjacent to the site prior to the issuance of any certificate of occupancy for the Project.  Notwithstanding this requirement, all site improvements necessary to meet the requirements for fire coverage and emergency access must be installed by DEVELOPER and approved by the City Fire Department prior to the issuance of any building permit, consistent with Chapter 55, Section 5.29(D)(3) of Ann Arbor City Ordinance; and

 

RESOLVED, The Mayor and City Clerk be authorized and directed to sign the First Amendment to 907 & 913 S. Main Street Development Agreement after approval as to substance by the City Administrator and approval as to form by the City Attorney.