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Department of Community Development
Reference: Sable Center Development Agreement Amendment
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Cathy Sexton, Associate Planner
Date Prepared: March 17, 2015
PURPOSE
In order to proceed, City Council must consider the Applicant's request for an amendment (1st Amendment) to the Sable Center Development Agreement at one reading by resolution.
BACKGROUND/HISTORY
The Sable Center property (consisting of about 16 acres and located generally between South 2nd and Sable (South 4th ), south of Bromley Lane) was annexed to the City of Brighton and zoned I-1 (Light Industrial) on September 15, 2009 by Ordinance Numbers 2026 and 2027. The Development Agreement was originally approved by City Council on October 6, 2009 via Resolution 09-190, and the Final Plat for the subdivision was approved by City Council on December 22, 2009. The Sable Center Subdivision established four lots, two of which (Lots 1 and 2) have been developed. The Development Agreement allows for the public improvements to be completed by the Developer in two principal phases with a third phase, applicable to the entire development, to be completed at a later time. Phase I improvements were completed with the two lots that have already been developed. Phase II improvements are to be completed in conjunction with the development of Lot 4 of the Sable Center Subdivision and have not yet been completed. The owner of Lot 4 has submitted an application for a plat amendment to divide Lot 4 into two separate lots. This plat amendment, which has been reviewed by the Development Review Committee, may be approved administratively per Section 17-40-260 of the Subdivision Regulations of the Land Use and Development Code and is attached for reference.
SUMMARY OF DEVELOPMENT AGREEMENT, 1ST AMENDMENT
The owner of Lot 4 of the Sable Center Subdivision has proposed an amendment (1st Amendment) to the Development Agreement to address changes to the requirements for the construction of certain public improvements for Phase II due to the fact that the construction of the S29 Outfall System Plan Channel (Drainage Channel) has been completed by other parties, and the owner's request to further subdivide Lot 4. The construction of the Drainage Channel was originally an obligation of the original developer of the Sable Center Development and addressed within the Sable Center Development Agreement; however, the Drainage Channel was constructed by other parties in accordance with the Prairie Center Regional Detention Ponds 4-6 and Regional Outfall Public Improvement Construction Plans and was constructed in a different location than was originally planned when the Sable Center Development Agreement was approved. These changed circumstances require revisions to the public improvement construction requirements in the Development Agreement; therefore, the proposed 1st amendment removes the requirement to construct the Drainage Channel, revises the construction requirements for 148th Avenue (Storage Place) and trail, and updates the Schedule of Improvements Exhibit B to the Development Agreement. For further details on the proposed 1st Amendments to the development agreement, please see the draft Resolution and attachment.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
· 2020 Comprehensive Plan
· Land Use and Development Code
· Sable Center Development Agreement
PUBLIC INQUIRY
There are no notification requirements for review of development agreements or subsequent amendments.
STAFF RECOMMENDATION
Staff finds the 1st amendment to the Development Agreement to be in compliance with the Subdivision Regulations in the Land Use and Development Code. The proposed 1st Amendment complies with the Comprehensive Plan. Thereby, staff recommends approval of the 1st Amendment to the Sable Center Development Agreement.
OPTIONS FOR COUNCIL CONSIDERATION
1. Approve the 1st Amendment to the Sable Center Development Agreement.
2. Deny the 1st Amendment to the Sable Center Development Agreement request with specific findings to justify the denial.
ATTACHMENTS
Resolution (Draft)
1st Amendment to the Development Agreement (Draft)
Sable Center Mini Storage Subdivision (Plat Amendment)
Vicinity Map