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File #: RES 2020-049    Version: 1 Name:
Type: Quasi-Judicial Resolution Status: Passed
File created: 2/4/2020 In control: Town Council
On agenda: 5/5/2020 Final action: 5/5/2020
Title: Resolution Approving the Alexander Place Annexation and Development Agreement
Attachments: 1. Staff Report, 2. Exhibit 1: Legal Description, 3. Exhibit 2: DA, 4. Presentation, 5. DA Exhibit 1 - Legal Description, 6. DA Exhibit 2 - WEP, 7. DA Exhibit 3 - Special Warranty Deed, 8. DA Exhibit 4 - ROW
Related files: PC 2020-004, ORD 2020-001, ORD 2020-002

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Interim Director, Development Services

 

From:                     Brad Boland, AICP, Planner II, Development Services

 

Title

Resolution Approving the Alexander Place Annexation and Development Agreement

Body

______________________________________________________________________

 

PUBLIC HEARING

 

A RESOLUTION APPROVING THE ALEXANDER PLACE ANNEXATION AND DEVELOPMENT AGREEMENT

 

The Town Council will now consider a request for the approval of  A RESOLUTION APPROVING THE ALEXANDER PLACE 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).

 

Mrs. Vargish, 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:                     Tara Vargish, Interim Director, Development Services

 

From:                     Brad Boland, AICP, Planner II, Development Services

 

Title:                     A RESOLUTION APPROVING THE ALEXANDER PLACE ANNEXATION AND DEVELOPMENT AGREEMENT

 

 

Executive Summary

 

Martinez Real Estate Company, LLC, the property owner and applicant, is requesting to enter into an Annexation and Development Agreement (DA) for property known as Alexander Place, currently addressed as 382 Alexander Place, which is located east of the Shoppes at Castle Rock and the Montana Vista Office Building.

 

The property is currently under consideration for annexation and zoning under separate applications.  If the property is approved for annexation and zoning, Martinez Real Estate Company, LLC must subsequently enter into a Development Agreement with the Town to define the obligations of the property owner and the Town as they relate to the mutual interest in annexation and zoning.

 

A DA is a legally binding contract between the property owner and the Town, which requires a public hearing before Town Council who shall review and make a decision upon the proposed DA.

 

Proposed Development Agreement

 

The proposed DA addresses required infrastructure improvements, public land and water rights conveyances, Town service obligations and other relevant items.  These obligations are intended to be mutually beneficial as well as enhance public health, safety and welfare.

 

Budget Impact

 

The proposed Development Agreement will generate review fees.

 

Staff Recommendation

 

Staff recommends approval of the Alexander Place Annexation and Development Agreement.

 

Proposed Motion

 

I move to approve the Resolution as introduced by title, first and final reading.

 

Attachments

 

Attachment A:  Resolution

Exhibit 1:  Legal Description

Exhibit 2:  DA