Body
Department of Community Development
Reference: Chapel Hill Development Agreement Amendment
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aja Tibbs, Long Range & Historic Preservation Planner
Date Prepared: June 9, 2015
PURPOSE
In addition to the rezoning application for Chapel Hill, a development agreement amendment has been drafted to address the changes in the lot layout and further address the maintenance of the common areas of the subdivision.
BACKGROUND
The original development agreement for the Chapel Hill subdivision was originally drafted and approved for the purposes of developing the second filing subdivision of Chapel Hill in 2005. While a majority of the public improvements have already been installed, an amendment to the original agreement is needed to address the removal of the extra water service lines (originally intended for the duplex lots that have been removed with the amendment to the Plat), and to further address the private maintenance of the common landscape areas.
development agreement amendment
A development agreement amendment has been drafted for the Council’s review. In general, the draft agreement addresses the following issues:
1) Definitions are added to clarify the meaning of “common areas” and “HOA”. Also, the definitions of “plat” and “property” are amended to include the legal descriptions that were revised by two previous administrative plat amendments;
2) An explanation of the lot reconfiguration as a result of the two administrative plat amendments;
3) A revised Schedule of Public Improvements/Exhibit B (a majority of the improvements have already been installed and the original costs are no longer applicable or accurate);
4) Provisions describing the phasing of installation of the remaining landscaping improvements on the site, and the HOA maintenance responsibilities for all common areas within the residential portion of the development;
5) Maintenance responsibilities for the existing perimeter fence;
6) Timing for construction of the final asphalt lift of Chapel Hill Drive and Chapel Hill Circle; and
7) The timing and removal of the secondary water lines and meters for the duplex lots which were removed from the original Plat.
findings
Staff has reviewed the draft agreement and found it to further the purposes of the Land Use and Development Code, the Comprehensive Plan 2020, and the Public Works Standards and Specifications. Staff also finds the proposed application to be compatible with the surrounding area, harmonious with the character of the neighborhood, and not detrimental to the immediate area or the health, safety, or welfare of the citizens of Brighton. Based upon these analysis and findings, staff has prepared a draft Resolution for the approval of the agreement amendment.
OPTIONS FOR COUNCIL CONSIDERATION
• Approve the Resolution as drafted;
• Approve the Resolution with changes; or
• Deny the Resolution as drafted
ATTACHMENTS
• Development Agreement Amendment Resolution (Draft) with Exhibits
• Draft Development Agreement