Lafayette poised to push Silo Subdivision deadline further, citing familiar issues

Continued engineering concerns, this time over proposed storm water drainage into a nearby gulch, are poised to further delay the final plan recording of Lafayette‘s Silo Subdivision well into the summer, records unveiled Friday suggest.

According to a staff report drafted by Lafayette Planning and Building Director Paul Rayl, the latest concerns were relayed by Boulder County and Urban Drainage and Flood Control District regulators — regarding the project‘s storm water conveyance into Bullhead Gulch — in recent days and late in the review process, forcing county leaders to bump the item from an April agenda “until the issues could be adequately addressed.”

This latest dispatch likely portends further delays for the large-scale residential development — originally approved by city leaders in October 2017 — slated for the U.S. 287 and Arapahoe Road intersection, with City Council on Tuesday scheduled to approve the fifth extension for developers to finalize the recording until July 31.

Colorado municipal law dictates that all documents “that affect real property” must be recorded in the clerk and recorder‘s office in the county where they are planned before construction can commence. City Council most recently gave developers an April 30 deadline to record the final plans.

Billed as the residential component of the city‘s adjacent commercial development, with 453 single- and multi-family dwelling units and roughly 10,000 square feet of neighborhood commercial uses, the project‘s engineering pitfalls have resulted in a vacant field next to the already-operational commercial parcel, complete with a Tractor Supply, Les Schwab Tire Center and a nearly completed Kohl‘s.

Attorneys for Cornerstone Homes Development Company, LLC — the developer behind Silo — in December asked the city to push its New Year‘s deadline back to Feb. 28, citing ongoing negotiations with users of the Davidson Highline Ditch Lateral, the South Boulder Canyon Ditch and the Ninemile Ditch Lateral, “all of which will be impacted by the development of the Silo Subdivision,” Abby Kirkbride of Denver‘s Brownstein Hyatt Farber Schreck, LLP wrote in a letter to Lafayette City Attorney Dave Williamson.

The most recent extension request in February was meant “to ensure the final ditch crossing agreements necessary with third parties would be complete and accommodate enough time for the temporary city engineer to get up-to-speed with the final engineering plans for the subdivision,” Rayl wrote.

With this latest, unforeseen issue, “the applicant and the city believe these issues will be solved satisfactorily with Boulder County and Urban Drainage before the end of June but to avoid another extension staff recommends the approvals be extended to July 31.”

Tuesday‘s vote also will extend agreements surrounding the Silo property‘s rezoning and amendments to the comprehensive plan land use designation, records suggest.