Body
Department of Community Development
Reference:
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: May 12, 2015
PURPOSE
The Applicant, Kevin Amolsch, Manager, PFG Acquisition LLC, is requesting approval of the Village at Southgate Brighton Final Plat and Development Agreement.
In accordance with the Municipal Code, Section 17-40-210, Final Subdivision Plat, a Final Plat application shall be presented to the City Council, at a public hearing, along with a resolution approving, approving with conditions, or denying the Final Plat application. A Development Agreement is approved by resolution.
BACKGROUND
The Property is generally located on the south side of E. 120th Avenue, and approximately half-way between Peoria Street to the west and Potomac Street to the east.
The Village at Southgate Brighton Final Plat would create:
· 150 residential lots for Single Family Detached,
· 2 lots for higher density housing or commercial,
· 2 lots for commercial or office, several tracts for drainage, landscaping and open space and;
· 1 lot for the relocated barn.
The Final Plat also shows the location of several easements, a right-of-way dedication for future expansion of 120th Avenue, and several future street connections to the east.
The Development Agreement associated with the Final Plat recognizes PFG Acquisitions LLC, Inc. as the agent of the owner, which is authorized to undertake the responsibilities for development of the Project.
The Development Agreement includes various provisions, including a requirement to provide a financial guarantee for the design and construction of:
· Improvements to Southgate Boulevard and 120th Avenue intersection (including the requisite signalization) and;
· Construction of acceleration and deceleration lanes on 120th Avenue.
The Development Agreement sets forth the process whereby the Developer will meet the required water dedication by transferring acceptable water resources with each Phase of the Development.
The Development Agreement sets forth the requirements for dedication of land for a neighborhood park and open space, construction of the neighborhood park, payment of the neighborhood and community park development fees, and includes provisions for the Developer to receive Open Space credit for:
· Relocation of the historic barn,
· Reconstruction of a foundation on which the barn will be placed,
· The lot the historic barn will be relocated,
· Rehabilitation of the barn, that will become an amenity for the residents of Village at Southgate Brighton and,
· Relocation and repurposing of a portion of the silo for the public restroom facility within the neighborhood park.
PUBLIC NOTICE
Although the Municipal Code only requires public notice for a Final Plat be mailed to adjacent property owners at least five (5) days prior to the public hearing, notice of the public hearing was also published in the Brighton Standard Blade, on May 13, 2015 and posted on the Property on May 13, 2015, all for no less than five (5) days prior to the date of the public hearing. Also, in accordance with C.R.S. Section 24-65.5-101 et. seq., all mineral rights owners were notified of the initial public hearing regarding the surface development of the Property at the Planning Commission public hearing on January 28, 2014. No public comments have been received by staff, as of the date of this staff report. The Development Agreement will remain in effect until full build out of the site is complete.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-40-210, Final Subdivision Plat, of the Land Use and Development Code states that a Final Plat shall be reviewed for conformance with the Zoning Ordinance and the Subdivision Regulations.
The Comprehensive Plan, Figure 4: Future Land Use Plan, more specifically the South Sub-Area Plan, designates the Property for Mixed Use Residential and the Final Plat is in compliance with the South Sub-Area Plan.
STAFF ANALYSIS
Staff finds that the Final Plat Application complies with the Subdivision Regulations found in Section 17-40-210 and with the PUD (Planned Unit Development) zone district regulations found in Section 17-16-110 of the Land Use and Development Code. Staff also finds that the Final Plat complies with the policies of the Comprehensive Plan, Figure 4: Future Land Use Plan more specifically the South Sub-Area Plan, designates the Property for Mixed Use Residential and the plat is in compliance with the South Sub-Area Plan. The Development Agreement has been reviewed by the City's Development Review Committee and approved to as form by City Attorney.
Based upon these findings, staff recommends approval of the Final Plat and Development Agreement.
OPTIONS FOR COUNCIL CONSIDERATION
· Approve the resolution.
· Not approve the resolution with specific findings of fact to justify the denial.
ATTACHMENTS
· Final Plat
· Draft Resolution approving the Final Plat and Development Agreement
· Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)