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Department of Community Development
Reference: Kum and Go Development Agreement Amendment
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Jason Bradford, Planning Division Manager
Date Prepared: August 10, 2015
PURPOSE
The Land Use and Development Code, Section 17-40-220, Subdivision Agreement, Performance Bond, and Schedule of Improvements, of the Subdivision Regulations requires a subdivision agreement (a.k.a. development agreement) to be approved by the City Council by a Resolution.
BACKGROUND
Kum & Go’s current location at the southwest corner of Bridge Street and Kuner Road is zoned C-3, General Retail and Services. Kum & Go has recently purchased the lot to the west which is zoned DT, Downtown. A “Gas Station with Convenience Store” is a use-by-right in the C-3 zone, but a conditional use in the DT zone. Kum & Go is replatting the lots in order to increase the size of their operation by approximately .56 acres. In order to comply with zoning as they expand their business, Kum & Go has applied to re-zone that portion of the recently acquired property that will be added to the Kum & Go property from DT to C-3. The Platte View Farm Development Agreement on the property to be rezoned contains language limiting the property to C-2 uses. The Development Agreement is being amended to allow for the change in zoning.
SUMMARY OF DEVELOPMENT AGREEMENT AMENDMENT
Kum and Go is replatting these two lots to add .56 acres of their newly acquired property to their current operation. The property that Kum & Go recently acquired is part of the Platte View Farm Development Agreement. The current Kum & Go property is not governed by a development agreement; however, the small .56 acre piece of property is subject to the Platte View Farm Development Agreement, which limits the uses permitted on the property to C-2. As the property will be zoned C-3, this language will conflict with the zoning ordinance. Therefore, the addition of the small .56 acre parcel necessitated that all land owners (or their successors) who were parties to the Platte View Farm Development Agreement sign an amendment (the First Amendment) to allow for the changed zoning. This First (1st) Amendment performs that action.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
• Land Use and Development Code
OPTIONS FOR COUNCIL’S CONSIDERATION
• Approve the Development Agreement Amendment
• Not approve the Development Agreement Amendment
• Approve the Development Agreement Amendment with revisions
STAFF ANALYSIS
The proposed rezoning of this property from DT to C-3 has been approved by City Council, and the property is being replatted in order to combine it with Kum & Go’s current property. Because of the use restrictions in the original Platte View Farm Development Agreement, it is necessary to amendment the Development Agreement and for all owners (or successors in interest) of the property execute an amendment to the Development Agreement.
STAFF RECOMMENDATION
Staff finds the First (1st) Amendment to the Platte View Farm Development Agreement to be in compliance with the requirements set forth in the Land Use Development Code. Therefore staff has provided a draft Resolution approving the First (1st) Amendment
ATTACHMENTS
• Resolution (draft)
• First (1st) Amendment to Development Agreement (exhibit to the Resolution)