To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Title
Resolution Approving the Your Storage Center at Castle Rock Annexation and Development Agreement [located along the I-25 Frontage Road between Brookside Circle and S. Perry Street]
Body
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PUBLIC HEARING
Resolution Approving the Your Storage Center at Castle Rock Annexation and Development Agreement
The Town Council will now consider a request for the approval of Resolution Approving the Your Storage Center at Castle Rock Annexation and Development Agreement.
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Title: Resolution Approving the Your Storage Center at Castle Rock Annexation and Development Agreement
Executive Summary
Cactus Moon Maizeland, LLC, property owner and developer, is requesting to enter into a Development Agreement (DA) for property known as Your Storage Center at Castle Rock which resides within an evolving light industrial/commercial area of Town located along S. Wilcox Street between Brookside Circle and Perry Street (Figure 1).
The property is currently under consideration for Annexation and PD Zoning under separate applications. If the property is approved for annexation and zoning Cactus Moon Maizeland, LLC must subsequently enter in to a Development Agreement with the Town to address the obligations of the property owner and the Town as they relate to the mutual interest in the annexation and zoning.
A Development Agreement is a legally binding contract between the property owner and the Town and requires review and approval by Town Council.
Proposed Development Agreement
The proposed DA addresses required infrastructure improvements, public land and water rights conveyances, Town service obligation and other relevant items. These obligations are intended to be mutually beneficial as well as enhance public health, safety and welfare.
Infrastructure Improvements
The property owner will be responsible for the design and construction of certain public improvements along the property frontage of S. Wilcox Street (aka I-25 Frontage Road), in accordance with Town Regulations and as determined at the time of site development plan. In addition, the property owner shall convey to the Town additional right-of-way for the future widening of S. Wilcox Street.
Public Land Conveyance
The property owner shall pay to the Town $9,139 as cash-in-lieu of public lands conveyance.
Water Rights Conveyance
The property owner will convey to the Town, via Special Warranty Deed, title to the water rights for the property. In return, the Town will establish a water bank credit for the property and will provide a municipal water supply to the property in conformance with its water bank credit. If additional water is needed the owner shall provide additional water resources or pay cash-in-lieu of water rights.
Town Service Obligations
The Town will provide the property with access to municipal services, to include water, wastewater, stormwater drainage, parks and recreation as well as transportation and street maintenance. The Town will also provide general administrative services including code enforcement and Fire and Police protection services.
Other Relevant Items
The property owner will be responsible for contributing to the future construction of the I-25 interchange at Crystal Valley Parkway/Douglas Lane. Such Interchange contribution will be due and payable at the time of site development plan recordation.
Discussion
Background
The Your Storage Center at Castle Rock property is 3 acres in size and consists of two proposed annexation parcels (which are currently under consideration for annexation under a separate Annexation application) and one existing Town parcel.
Existing Conditions
The Your Storage Center at Castle Rock property lies within an area of Town which is visible from the I-25 corridor and surrounded by Town properties to the north, east and south. To the west lies S. Wilcox Street from which the property will take access. S. Wilcox Street is a Town owned street which has minimal street improvements. However, annexation of the property would provide an opportunity for the Town to exact additional street improvements such as street lights, sidewalks and streetscaping.
Service and Infrastructure Capacity
The Concept Utility Letter and Phase I Drainage Report for the site indicate that the proposed use can be accommodated into the Town’s water, waste water and storm drain systems. In addition, the Transportation Impact Analysis (TIA) indicates that the traffic impacts from the proposed land use of specialty retail center are minor and can be handled by the existing and proposed roadway improvements to S. Wilcox Street. The property is able to be served by the Town’s Police and Fire Districts.
Budget Impact
The proposed Development Agreement will generate review fees.
Staff Finding
Staff finds that the proposed obligations outlined in the Development Agreement are adequate to support the property’s annexation and zoning proposal.
Recommendation
Staff recommends approval of the proposed Your Storage Center at Castle Rock Development Agreement.
Proposed Motion
I move to approve the Resolution as introduced by title.
Attachments
Attachment A: Resolution
Exhibit 1: Development Agreement