City Council Minutes 2014 10 21 - Laserfiche WebLink

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City Council Meeting Minutes October 21, 2014 Page 20 of 24 Council member Stolzmann clarified there was a requirement of DELO to secure the property from Tebo for the Cannon Street right -of -way. Randy Caranci, 441 Elk Trail, Lafayette, CO stated the LRC has already committed $675,000 to DELO for the infrastructure for detention. DELO has to buy ten acres back from the City for the detention pond at $1.88 per square foot. This was proposed by the LRC. DELO will bring a request to the LRC for grant money to assist with their development. He stated there is not a timeline in the contract stating the developer has to develop this project. In order to get fees waived the developer must build within a certain timeframe. He stated the proposed development for Tebo looks like something in Aurora, without any creativity. He asked if that is the bar set for Highway 42 and the precedence set for the rest of the developers who choose to develop in the Highway 42 area. He felt a local developer might have more creativity. Mayor Muckle closed the public hearing and requested Council comments. COUNCIL COMMENTS Council member Moss addressed the stipulations and stated her understanding a process has to take place, however she felt it establishes precedence when such stipulations are accepted. She felt this is one step closer to allowing this to occur whether there is a process or not. Council member Lipton asked the City Attorney if conditions are typically found in the zoning agreement or PUD. City Attorney Light explained it is similar to the Aggregate Industry property, where the rezoning of the property was coupled with a rezoning agreement. That agreement, similar to this one is the platform for implementing the terms if approved through the process. The rezoning of the Highway 42 Plan Area had rezoning agreements. Council member Lipton did not believe rezoning agreements call for the number of drive -thru restaurant parcels. City Attorney Light agreed and explained the Planning Commission and City Council are not bound by the stipulation. The seller has a right then to exit from the contract. Council member Lipton stated the Planning Commission does not typically review the zoning agreement. City Attorney Light stated the concepts related to the conditions for the rezoning are presented to the Planning Commission. The Planning Commission then makes recommendations to the City Council. Council member Lipton was in favor of the purchase but was concerned about the requirements of staff to recommend certain things. He noted the seller does have an out if he does not like the outcome of the planning process. He suggested the City staff consider recommendations within the rezoning area without everyone accepting, which would be more in line with the public process.