Planning commission calls surety for Highlands at Lab Park after developer fails to finish required improvements

The Franklin Municipal Planning Commission voted to declare the performance and maintenance agreements for Highlands at Lab Park in default and to authorize the city to call the associated letters of credit to complete outstanding public improvements.

Staff said two improvements tied to a 2015 final plat and a 2016 performance agreement remain unfinished. The letter of credit tied to green infrastructure is $83,000 and the surety for sewer work is $8,900, staff said. Planning staff told commissioners they had repeatedly offered the developer options — release to maintenance, a 75% reduction, or one-year extensions — and had contacted Matthew Biotta in 2024 and again in 2025 with no substantive response.

"Given the age of the subdivision approval, the outstanding required improvements, the applicant's lack of response, and the city's obligation to ensure completion of public improvements, staff feels that continuing to extend the performance and maintenance agreement will not be in the best interest of the city or the residents of this subdivision," staff told the commission.

Commissioners supported staff's recommendation. A motion to declare the agreements in default and to call the surety passed by roll call vote.

The action directs city staff to oversee completion of the improvements using the called funds; the commission did not adopt any change to the scope of the improvements. The commission did not receive public comment on this item.