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File #: RES 2019-133    Version: 1 Name:
Type: Quasi-Judicial Resolution Status: Passed
File created: 7/30/2019 In control: Town Council
On agenda: 12/17/2019 Final action: 12/17/2019
Title: Resolution Approving the First Amendment to the Lanterns Amended and Restated Development Agreement [Development Agreement Amendment corresponding to the Lanterns Major Planned Development Amendment and Site Development Plan] (AGR18-0006)
Attachments: 1. Staff Memo, 2. Attachment A: Resolution, 3. Attachment A Exhibit 1: Amended Development Agreement, 4. Resident Email Re: Lanterns Development and Zoning changes, 5. Presentation
Related files: ORD 2019-039

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Bill Detweiler, Director, Development Services Department

 

From:                     Sandy Vossler, Senior Planner, Development Services Department

 

Title

Resolution Approving the First Amendment to the Lanterns Amended and Restated Development Agreement [Development Agreement Amendment corresponding to the Lanterns Major Planned Development Amendment and Site Development Plan] (AGR18-0006)

Body

______________________________________________________________________

 

PUBLIC HEARING

 

A Resolution Approving the First Amendment to the Lanterns Amended and Restated Development Agreement [Development Agreement Amendment corresponding to the Lanterns Major Planned Development Amendment and Site Development Plan] (AGR18-0006)

 

The Town Council will now consider a request for the approval of  A Resolution Approving the First Amendment to the Lanterns Amended and Restated Development Agreement [Development Agreement Amendment corresponding to the Lanterns Major Planned Development Amendment and Site Development Plan] (AGR18-0006).

 

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 Department

 

From:                     Sandy Vossler, Senior Planner, Development Services Department

 

Title:                     A Resolution Approving the First Amendment to the Lanterns Amended and Restated Development Agreement [Development Agreement Amendment corresponding to the Lanterns Major Planned Development Amendment and Site Development Plan] (AGR18-0006)

 

 

Executive Summary

 

The purpose of this report is to seek Town Council approval of a resolution approving the proposed amendments to the Lanterns Amended and Restated Development Agreement (DA) approved by Town Council in 2014 (Attachment A).

 

A Development Agreement is required to be executed between the Town and property owner(s) at the time of annexation and approval of the Planned Development (PD) zoning, or approval of a major PD Plan amendment.  A DA addresses required infrastructure improvements or cash-in-lieu payments, development phasing, open space conveyances, the Town’s service obligations and other relevant items.  This DA amendment is necessitated by the Lanterns Planned Development Major Amendment that proposes to add “Places of Worship” as a permitted use in the Lanterns, creates a 5-acre planning area for the church use, absorbs a Heckendorf Ranch lot into the Lanterns PD, and codifies a master sign plan for the Lanterns development.

 

Additionally, this DA amendment captures the pro-rata share of I-25/Crystal Valley Parkway interchange contribution related to an increase in non-age restricted dwelling units approved with the Lanterns Site Development Plan. 

 

This amendment requires additional Water Efficiency Plans to be created for the Heckendorf property and the church property at the time a Site Development Plan is submitted for those properties.  This amendment also establishes an additional contribution of $152,646.38 toward the cost of construction of the Interstate 25/Crystal Valley Parkway Interchange.

 

If Town Council approves Ordinance 2019-039 approving the Lanterns Planned Development Major Amendment, on second reading, then staff recommends approval of this amendment to the existing Lanterns Development Agreement.  If Ordinance 2019-039 is not approved, the applicant will withdraw this Development Agreement Amendment and Town Council will not act on the Resolution.

 

Staff Recommendation

 

The proposed amended Development Agreement is intended to promote health, safety and welfare by defining requisite obligations relative to the development of the Lanterns Planned Development, as amended.

 

Proposed Motion

 

I move to approve the Resolution, as introduced by title.

 

Attachments

 

Attachment A:                     Resolution

Attachment A                     Exhibit 1: Amended Development Agreement