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<br />~ <br />~HILLS <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />April 30, 2007 <br /> <br />CC Agenda Item 4.J <br /> <br />TO: <br /> <br />Mayor & City Council I <br />James Lehnhoff, City Planner <br /> <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />Modified Site and Landscaping Development Agreement <br />Planning Case #: 06-028 <br />Hien Ngo & Nguyet Ky <br />3433 Lake Johanna Boulevard <br /> <br />Requested Action <br /> <br />Consider a Motion to Approve the Modified Site Development/Landscaping Agreement Dated <br />April 30, 2007, for the Landscaping Plan that was Approved in Planning Case 06-028 for 3433 <br />Lake Johanna Boulevard. <br /> <br />Backl!rouud <br /> <br />On November 27, 2006, the City Council approved a re-Iandscaping plan for Hien Ngo and <br />Nguyet Kyat 3433 Lake Johanna Boulevard. This is the property that was clear-cut in late July <br />2006. The Site Development/Landscaping Agreement for the landscaping plan was approved at <br />the December 11, 2006, City Council meeting. That agreement incorporated the pertinent <br />conditions of approval into a formal document to ensure the landscaping plan is fully <br />implemented as approved by the City. <br /> <br />Condition three of that agreement required the applicants to submit a financial surety for 125 <br />percent ofthe cost ofthe landscaping plan, which is a standard requirement for new commercial <br />and industrial projects. Since the City does not have a specific procedure for evaluating or <br />setting requirements for residential landscaping plans, Staff used the standard <br />commercial/industrial financial surety landscaping requirement for this planning case. The <br />estimated cost of the landscaping plan was $47,272, which would have required the applicants to <br />secure a financial surety of$59,093. <br /> <br />When the financial surety condition was drafted, it was Staffs intention that the applicants <br />submit a letter of credit or other similar [mancial surety as opposed to submitting an actual cash <br />escrow to the City. The City Attorney has been working with the applicants and their bank; <br /> <br />IlMetro-inet.uslardenhills\PlanninglPlanning Cases\2006\06-028 Ngo Site Plan Review (APPROVED)1043007 - CC Report - Modified <br />Development Agreement.doc <br /> <br />Page 1 00 <br />