Department of Community Development
Reference: Sable Farms Zoning Map Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: January 22, 2024
PURPOSE
The Zoning Map Amendment application before the Planning Commission is for an approximately 131.52 acre property, generally located at the southwest corner of E-470 and Sable Boulevard (the “Property”). Currently, the Property has a zoning designation of the Sable Farms PUD. Chris Shandor of Manhard Consulting is the project contact (the “Project Contact”) working on behalf of the Property owner, Sable Land LLC (the “Applicant” or “Owner”). The Owner desires to alter certain uses from the existing PUD to the straight zone districts of MU-R/EC (Mixed Use Regional Center), R-2 (Mixed-Density Residential), R-3 (Multiple Family Residential), and OS (Open Space). As such, the Applicant is requesting a zone change, formally known as the Sable Farms Zoning Map Amendment (the “Application”).
Zoning dictates whether uses at a property are allowed by right or conditionally, and this, in turn, allows owners, neighbors, and the community at large to have a reasonable expectation of what can occur on a property. It establishes standards for construction including building height, lot coverage, and building setbacks. There are a variety of zone districts within the City, including residential, commercial, industrial, mixed-use, and planned development (PD).
PROCESSES
A zoning map amendment is the second step in the land development process with the City (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). Before any permits can be issued, a subdivision plan shall be approved at a public hearing, a final plat shall be approved administratively, and site plans shall be approved administratively. All will be reviewed using the City’s LUDC to ensure a proposal’s compliance with City codes, regulations, and policies. The sequential steps to occur if the Application is to be approved would be a subdivision plan, and final plats and site plans for each applicable filing.
City staff collects and analyzes application materials and, after a thorough review, presents their findings to the Planning Commission and, thereafter, City Council. Requests to rezone are brought before the Planning Commission for recommendation prior to review and final determination by the City Council. A zoning map amendment must be approved by ordinance, with requires two readings before the City Council.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.03(B.) of the Land Use & Development Code (the “LUDC”) outlines the review criteria upon which the City Council must consider a zoning map amendment. Specifically, the City Council must consider the following:
1. The proposal is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan.
2. The proposal will support development in character with existing or anticipated development in the area, including the design of streets, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses.
3. The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district.
4. The change will serve a community need, amenity or development that is not possible under the current zoning or that was not anticipated at the time of the initial zoning of the property.
5. The recommendations or any professional staff or advisory review bodies.
BACKGROUND
The Property was annexed in 1988 as part of the Sable Farms Annexation, Ordinance 1291. The Property was zoned the Sable Farms PUD via City Council Ordinance 1293, which allowed uses such as Mixed Use-Office, Mixed Use-Commercial, Mixed Use-Industrial, and Highway Commercial. These uses are not easily regulated by the LUDC. Neighboring properties are zoned as follows:
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
The proposed zoning categories present a mix of uses within the Property (see attached Zoning Map Amendment document). Parcels 1 and 4, consisting of 43.753 acres and 19.8247 acres, respectively, are proposed to be zoned as R-3 (Multiple Family Residential). Parcels 2 and 3, consisting of 22.424 acres and 10.928 acres, respectively, are proposed to be zoned as MU-R/EC (Mixed Use - Regional Center). Parcel 5, consisting of 27.5 acres, is proposed to be zoned as R-2 (Mixed Density Residential). Parcel 6, consisting of 7.095 acres of mostly floodplain, is proposed to be zoned as OS (Open Space). The associated uses with these districts can be found in Article 4 of the LUDC.
Land Use & Development Code Review Criteria:
The City Council, in making its decision, shall use the criteria outlined in Section 2.03 B:
1. The proposal is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan.
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Mixed-Use Commercial, High Density Residential, Medium Density Residential, and Natural Resource Conservation over the existing floodplain. For the Mixed-Use Commercial designation, the Comprehensive Plan lists retail, services, offices, hotels, entertainment, and mixed-use buildings as the primary uses. As secondary uses, the Comprehensive Plan lists multi-family buildings, live/work units, senior housing facilities, public gathering places, parks, trails, recreational amenities, places of worship, and public facilities. Based on the proposed zone districts and their correlation to the future land use map, the Property meets this portion of the Comprehensive Plan.
The proposed zoning meets other policies and strategies of the Comprehensive Plan. The Opportunity Area Policies Section of Chapter Three, Number 6 states that high-density residential with unique design qualities, in a mixed-use format shall be encouraged to support the area’s commercial development and should be concentrated south of E-470. This is supported by the Residential (R-2 and R-3) and Mixed-Use (MU-R/EC) zoning districts being proposed within the Development. The section also states that open space should be preserved, especially those areas in the floodplain along Second and Third Creeks, which is supported by the floodplain proposed as Open Space in the southwest corner of the property.
Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map Amendment advances a number of these goals as well. The proposal meets Policy 2.1, as the development proposes to incorporate a mix of commercial and residential zoning that will allow for a walkable and sustainable neighborhood which promotes the live, learn, work, shop, and play concept. The proposed Zoning Map Amendment also meets the goals of Policy 3.3 as the Second and Third Creek Greenbelt is specifically called out under this goal, which is supported by the proposed zoning of OS (Open Space) in the onsite floodplain associated with Second Creek.
Additionally, Policy 5.2 is supported by the proposed mixed-use district along Sable Boulevard and 124th Avenue, which will allow for a commercial center along these heavily traveled roads. In addition, inclusion in the Adams Crossing Urban Center is beneficial for both the Adams Crossing project and this project, given how they can support one another and this Policy. Lastly, Policy 6.5, which encourages the diversity of housing types and costs, is supported by the mix of residential zone districts (MU-R/EC, R-2 and R-3), which allows for this diversity of housing types and costs.
2. The proposal will support development in character with existing or anticipated development in the area, including the design of streets, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses.
This area is within the Adams Crossing DRCOG Urban Center, an area which encourages mixed use and higher densities. The Property’s proposed zoning supports the types of preferred uses within the Urban Center, such as the regional mixed-use zone district proposed, MU-R/EC and the R-3 proposed zone district.
3. The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district.
The Property can be adequately served, and any future site developer will pay applicable costs to connect to City infrastructure.
4. The change will serve a community need, amenity or development that is not possible under the current zoning or that was not anticipated at the time of the initial zoning of the property.
The property is currently zoned for mixed use office, commercial, and industrial uses within the Sable Farms PUD, but the allowed uses are not in line with the Comprehensive Plan, which calls for a mix of commercial and residential uses. Additionally, as the Property was zoned under a prior development code, an update to use the current standards of the LUDC would allow uses and design that better align with the Comprehensive Plan. The residential growth occurring in this part of the City was not anticipated when this Property was initially zoned. This Application balances community needs and desires for residential and commercial uses.
5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site is appropriate for mixed commercial and residential uses given its specific location and based on the desires of the community as expressed in the Comprehensive Plan. Site development, including buffering and building design, will occur in accordance with the applicable zone district standards as outlined in the LUDC. Any site on the Property will only be permitted with a design that ensures it fits in with the context and development patterns of the area.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) reviewed this project and recommends approval.
Note: A complete list of comments and the agencies who made them are available upon request.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard this request on December 14, 2023, and unanimously voted to recommend approval of the Sable Farms Zoning Map Amendment.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed zone change, as required by the LUDC. These mailings were sent on January 22, 2024, and included a letter describing the proposed rezoning as well as the time and place for the public hearing. Also, included with the letter, was a map of the subject area. Three signs were posted for the City Council public hearing on January 9, 2024, with one at the north side of 124th Avenue, one on the corner of 124th Avenue and Sable Boulevard, and one at the east side of Sable Boulevard. A notice was published on the City’s website on January 5, 2024. Planning staff received one formal comment regarding the Application in anticipation of the public hearing. This comment is included in the packet. City staff has also posted public hearing information on various forms of social media in the days leading up to the meeting.
On October 24, 2022, as required by Code prior to the submission of the application to the City, the Applicant held a neighborhood meeting. The notification mailings, sent by the Applicant to property owners within the applicable mailing radius of the Property, included information on the meeting. The Applicant and Property Owner had several members of their team available to present their proposal, field any questions, and take feedback from meeting participants.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zoning Map Amendment is in general compliance with the requirements as outlined in Section 2.03 B. Review Criteria, of the LUDC and, therefore, recommends approval of the Zoning Map Amendment. Staff drafted a resolution for the recommendation of approval, if the City Council agrees with this recommendation.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zoning Map Amendment application. The City Council may:
1.) Approve the Zoning Map Amendment;
2.) Deny the Zoning Map Amendment;
3.) Approve the Zoning Map Amendment with changes to the drafted ordinance; or
4.) Continue the item to be heard at a later-specified date, if the Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the LUDC.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution #23-12
● Aerial Map by City Staff
● Zoning Map Amendment by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Sign Posting Affidavit and Posting Photographs
● Website Notice
● Website Publication Proof
● City Staff Draft Presentation