Body
Department of
Reference:
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aaron Clark, Assistant City Planner
Date Prepared: March 3rd, 2015
PURPOSE
The Land Use and Development Code, Section 17-40-220, Subdivision Agreement, Performance Bond, and Schedule of Improvements, of the Subdivision Regulations requires a subdivision agreement (a.k.a. development agreement) to be approved by the City Council by a Resolution. This request is to approve the First Amendment to the Indigo Trails Development Agreement.
BACKGROUND
The Indigo Trails Development Agreement (the "Development Agreement") was originally approved by City Council on December 19, 2000. The City entered into the Development Agreement with the original developer and property owner, RH III, LTD, LLP. The Development Agreement specified the public improvements that RH III was required to construct during different phases of development. The Indigo Trails subdivision, which is nearly 112 acres in size, was divided into six (6) phases of development.
Among other things, the Development Agreement included the requirement to construct the south one-half of Indian Paintbrush Drive from Chambers Road to South 19th Avenue. However, it became necessary for the alignment that was to be utilized for the construction of Indian Paintbrush Drive instead be used as part of the City's regional drainage infrastructure. A drainage way now occupies the space that was to be used for Indian Paintbrush Drive. This has required changes to certain lots and street configurations in Phase 3 of the development; these changes have been addressed in a minor plat amendment. An amendment to the Development Agreement (First Amendment) is required in order to address the changes in required public infrastructure.
SUMMARY OF DEVELOPMENT AGREEMENT FIRST AMENDMENT
Certain street configurations have changed as a result of the plat amendment to Indigo Trails. In order to accommodate the outfall channel that occupies the intended alignment of Indian Paintbrush Drive, Indian Paintbrush Drive will be taken northward, off its original alignment. Trefoil Court, which had been a cul-de-sac, will now be a thoroughfare and renamed Trefoil Way. Red Clover Way, which had been the thoroughfare that connected with Indian Paintbrush Drive, will now be a cul-de-sac and renamed Red Clover Court. Until such time as a connection can be made to Indian Paintbrush Drive, the developer will construct a hammerhead at the end of Trefoil Way in order to accommodate a turn-around for emergency vehicles. Please review the original and amended subdivision plats (attached) for further reference. The First Amendment also acknowledges the requirement that all new homes built in the subdivision must annex to the existing HOA.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM:
· Land Use and Development Code
OPTIONS FOR COUNCIL'S CONSIDERATION:
· Approve the Development Agreement First Amendment
· Not approve the Development Agreement First Amendment
· Approve the Development Agreement First Amendment with conditions
STAFF ANALYSIS:
The construction of the outfall channel along the intended alignment for Indian Paintbrush Drive has made the changes addressed in the Development Agreement First Amendment necessary. These changes are comparatively minor and will permit connectivity from Indigo Trails to Indian Paintbrush Drive, while maintaining the maximum possible number of lots for construction and preserving emergency vehicle access.
Staff finds the Development Agreement First Amendment to be in compliance with the requirements set forth in the Land Use Development Code. Therefore staff has provided a draft Resolution approving the Development Agreement First Amendment.
STAFF RECOMMENDATION
Staff finds the Development Agreement First Amendment to be in compliance with the requirements set forth in the Land Use Development Code. Therefore staff has provided a draft Resolution approving the Development Agreement First Amendment.
ATTACHMENTS
· Resolution (draft)
· Development Agreement First Amendment (exhibit to the Resolution)
· Original Subdivision Plat
· Amended Subdivision Plat