Body
Department of Community Development
Reference: Indigo Trails Development Agreement Amendment No. 2
To: Mayor Richard N. McLean and Members of City Council
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Assistant City Manager
Philip Rodriguez, City Manager
Prepared By: Mike Tylka, Associate City Planner
Date Prepared: November 22, 2017
PURPOSE
The subject Development Agreement Amendment No. 2 (the “Amendment”) is for the residential subdivision located at the northeast corner of Chambers Road and E. 144th Avenue aka Eagle Boulevard known as the Indigo Trails subdivision. The applicant for the project is the development company known as Colorado Homes, LLC. The applicant is seeking to develop the remaining three phases of Indigo Trails containing a total of 132 single-family detached lots. The plat and development agreement that covered the subject area was approved by City Council on December 19, 2000. The drafted Amendment seeks to reduce the extent of a few of the remaining public improvements, as well as, realign when some of the improvements shall be constructed. As the original Indigo Trails Development Agreement was approved by City Council, any amendments shall be reviewed by City Council with a resolution to approve or deny the request.
BACKGROUND
Prior to approval of the plat and development agreement in 2000, there was an unsuccessful attempt to plat and develop the land as a residential subdivision. After the plat and development agreement were approved in 2000, the first two phases were developed and the third phase was developed over the past few years. The original Development Agreement was amended with the third phase to realign public improvements relating to that phase. The applicant has purchased the remaining three phases from the original Indigo Trails developers. With every transfer of land the former developers’ remaining obligations, as outlined in the Development Agreement and First Amendment, transferred to the new developer. When staff first spoke to the applicant team in January of 2017, their desire was to move forward under the existing Development Agreement and First Amendment, but the applicant team ended up submitting a request to amend the Development Agreement in mid-August. Note: City staff can’t review any civil engineering and/or construction plans that do not align with an approved Development Agreement as these documents are City Council directives.
Surrounding Land Use(s):
|
Surrounding |
Land Use(s) |
Zoning |
Anx. Status |
|
North |
Agricultural (planned Residential) |
Bromley Farms PUD |
City |
|
South |
Rural Residential / Ag. (planned Res.) |
B. Lakes PUD / Cnty. A-1/3 |
City / County |
|
East |
Rural Residential / Ag. (planned Res.) |
Case Farms PUD / Cnty. A-1 |
City / County |
|
West |
Residential / Agricultural |
County A-1 |
County |
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Comprehensive Plan:
The Indigo Trails Subdivision is zoned as the Indigo Trails Planned Unit Development (PUD) that designates a mix of moderate and low-density residential districts. This zoning aligns with the designation of Low Density Residential by the City’s Comprehensive Plan, Be Brighton. According to Be Brighton, the City would like “single family dwelling unit neighborhoods built on a highly connected street pattern with schools, public facilities, walkable neighborhood amenities, parks, and trails interspersed throughout.” The proposed amendment seeks to maintain the vison for the subdivision and area as a single family neighborhood connected by a network of sidewalks and roadways.
Development Agreement:
When reviewing this Amendment, the City Council should consider what the developer is bringing to the City, as well as, what the City is doing for the developer to help make the development of the remaining three phases of the subdivision feasible.
Development Review Committee (DRC) Review:
The Development Review Committee (DRC) and referral agencies have reviewed the Amendment in conjunction with the approved Master Transportation Plan (the “Plan”) for roadways and trails. All comments with the Amendment have been resolved and the draft complies with the Plan. The drafted Amendment does not mirror exactly what the applicant requested as City Staff found that certain items need to remain and should not be removed altogether. City staff did work to find a middle ground for a few of these items by suggesting that certain timeframes are moved.
PUBLIC NOTICE AND INQUIRY
As this item is not a public hearing, no notice was published other than that of the general meeting agenda. Planning staff has received no formal comments on the matter as of the date of this report.
SUMMARY OF FINDINGS
The significant provision of this draft Amendment includes:
1. The Developer is agreeing to design and construct the north one-half of 144th Avenue as a minor arterial (the original agreement called for a major arterial due to the Transportation Plan in effect at that time).
2. The Developer will escrow sufficient funds for the design and construction of a ten foot (10’) trail along the Fulton Ditch to Bromley Lane with the first phase of the remaining development and to work in good faith to design, acquire necessary easements, and to construct the trail before residential building permits are issued for the remaining two phases of development.
3. The original obligation to install a traffic signal at 144th Avenue and Sable Boulevard has been altered so that the Developer will only be responsible to escrow sufficient funds for their share of the signal if it is warranted by a traffic study.
4. The drafted Amendment removes the obligations to construct a pedestrian signal at Bromley Lane (it has already been built), and to install speed bumps in the neighboring Adams County Country Hills Subdivision (see attached letter from the County setting forth that they will not approve these speed bumps).
5. The Amendment also memorializes the reclassification of Chambers Road from a minor arterial to a collector per the Master Transportation Plan adjacent to the subdivision.
6. The drafted Amendment does not include the applicant’s request to remove the obligation to construct the northern section of S. 19th Avenue from Bellflower Drive to the proposed Indian Paintbrush Drive.
FINANCIAL IMPACT
The applicant/developer has stated that the adoption of the Development Agreement Amendment will better allow them to afford to develop the remaining three phases of Indigo Trails. Under the terms of this Amended Agreement, the Developer will provide needed new public infrastructure improvements to the City. In this case, development is paying its way forward as the City is not fronting funds or building a majority of the infrastructure needed to serve the new development, thus it is not costing the existing taxpayers an undue burden and the City is not subsidizing new development.
STAFF RECOMMENDATION
As this request lines up with the approved Final Plat that meets the review criteria for its application found in the Land Use and Development Code and given that the request aligns with the Master Transportation Plan, staff recommends approval of this Development Agreement Amendment. A draft resolution has been provided to the City Council should it decide to proceed with the Development Agreement Amendment as presented. Approval by City Council of this Amendment will provide clear guidance to the developer in terms of what to submit to City staff to move forward with the build out of the rest of Indigo Trails.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Development Agreement Amendment:
1) To approve the item as presented via resolution;
2) To approve the item with changes or conditions via resolution;
3) To deny the item; or
4) To continue the item to be heard at a later specified date.
ATTACHMENTS
• Aerial Map
• Draft Development Agreement Amendment No. 2
• Draft Resolution for Approval
• Adams County Speedbump Letter