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File #: ID-94-15    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 5/4/2015 In control: City Council
On agenda: 5/19/2015 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST (1ST) AMENDMENT TO THE INDIGO TRAILS DEVELOPMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT AND ENFORCE THE PROVISIONS OF SAID FIRST AMENDMENT; AND SETTING FORTH OTHER DETAILS RELATED THERETO.
Attachments: 1. CC_reso_Indigo_DA_Amend_5.11.pdf, 2. Indigo Trails Plat Amd FINAL 4.29.15, 3. Indigo Trails Filing 1 Final Plat_1, 4. Indigo Trails Filing 1 Final Plat_2, 5. Indigo Trails Filing 1 Final Plat_3, 6. Indigo Trails Filing 1 Final Plat_4, 7. Indigo Trails Filing 1 Final Plat_5, 8. Indigo Trails DA 1st Amend Executed by Applicant
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...

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