Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Resident urges commission to enforce Silverback Landing RHID timelines; city says it is withholding disbursements
Summary
During public comment at the June 10 meeting, Christy Bittner said Silverback Landing has fallen behind its final plat schedule and cited RHID contract provisions; city staff replied the city is holding six-figure disbursements as recourse while hoping the project is completed without litigation.
Christy Bittner, a Pittsburg resident, told the commission Tuesday that the Silverback Landing development is behind schedule and urged the city to enforce its development agreement under the RHID.
"When reviewing the final plat of 09/25/2018 again, I stated there were 23 homes and I'd like to correct the record it is only 22," Bittner said during public comment, and she said phase 1 of the development consisted of 55 homes, not 60, according to the final plat. Bittner said there are now 18 homes or lots owned other than by the developer and five homes in stages of construction.
Bittner cited the RHID agreement, saying Article 2 (representations and warranties) and Article 4 (construction schedule) require the developer to pursue substantial completion of the project within five years of the final site-plan approval and that failure to meet that deadline constitutes a material breach. "It's my opinion this commission does have a duty to make sure the laws, codes, and ordinances are being followed," she said, urging the commission to ensure compliance.
City staff member Darren responded during the non-agenda reports that the city has been issuing code letters and has not released RHID disbursements to the developer. "Our recourse in the contract is to not pay him the money that we have collected through the red disbursements, which we haven't done. We're holding on to it. It's a six-figure number," Darren said, adding that staff's preference is to have the project completed rather than pursue protracted litigation.
Darren said the city can pursue legal action if necessary but that withholding disbursements under the RHID is currently the primary enforcement measure being used. He said the disbursement amount grows as property taxes are paid and that the city hopes the developer completes phase 1 rather than triggering litigation.
Bittner said the city should consider ensuring adequate staffing for departments that inspect and enforce codes as more development occurs.
No formal action was taken by the commission on Silverback Landing during the meeting; the exchange occurred during public comment and subsequent non-agenda city staff remarks.
