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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: July 28, 2015
PURPOSE
Hold a public hearing to consider a resolution for the Final Plat, Development Agreement, and Vested Property Rights for the Prairie Corner properties.
The applicant, Mark Kieffer (the “Applicant”), on behalf of the property owner, Prairie Corner, LLC (the “Owner”), is requesting approval of a Final Plat for the approximate 7.127 acre parcel known as the Prairie Corner Subdivision, along with a Development Agreement. The application also includes a request to vest the Final Plat and Development Agreement for a period of three (3) years.
In accordance with the Land Use and Development 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, or denying the Final Plat application.
As outlined in Section 17-56 of the Land Use and Development Code, a request for vested property rights must be reviewed by the City Council at a public hearing and approved by resolution.
BACKGROUND
The two properties, located at the east end of Eagle Boulevard, adjacent to I-76 is 7.127 acres and is currently a part of the expired Third Creek Meadows Planned Unit Development (PUD), which was zoned on October 7, 1986, by Ordinance 1229. On April 1, 1997, the PUD was rescinded by Resolution 97-13. The majority of the original Third Creek Meadows PUD was rezoned and is now the Prairie Center PUD; these properties were not included in the rezoning as they were not under the same ownership.
At the July 21, 2015 City Council meeting, the 1st reading for the rezoning to a zoning district of C-3 (General Retail & Services) was approved.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
COMPREHENSIVE PLAN:
The Comprehensive Plan, Figure 4: Future Land Use Plan, shows the Property as being appropriate for “Employment.” The proposed rezoning is consistent with the Employment designation in the Comprehensive Plan.
LAND USE AND DEVELOPMENT CODE:
The Land Use and Development Code, Section 17-40, Subdivision Regulations, describes the requirements for a Final Plat and Development Agreement. The Land Use and Development Code, Section 17-56, Vested Property Rights, describes the requirements for a Vested Property Rights request. The proposed Final Plat and Vested Property Rights request is consistent with the Land Use and Development Code.
PUBLIC INQUIRY
In accordance to Section 17-40-210, Final Subdivision Plat, of the Land Use and Development Code, public notice of the City Council public hearing was mailed to all property owners directly adjacent to the subject property, for no less than fifteen (15) days prior to the City Council public hearing. The Applicant also provided a letter to the City, certifying that all mineral rights owners were notified of the public hearings, in accordance with the Colorado Revised Statutes Section 24-65.5-101, et seq. In addition to the public notice mailings required by the Land Use and Development Code, additional public notice was also published in the Brighton Standard Blade, and a sign was posted on the property. All the public notices were provided no less than fifteen (15) days prior to the City Council public hearing meeting date. No formal public comments have been received by staff, as of the date of this staff report.
STAFF RECOMMENDATION
Staff has prepared a draft resolution approving the Final Plat, Development Agreement, and Vested Property Rights. If these documents have not been executed, recorded, and provided to the City within three (3) months of the public hearing, the Final Plat, Development Agreement, and Vested Property Rights applications will be null and void.
OPTIONS FOR COUNCIL CONSIDERATION
• Approve the resolution.
• Deny the resolution with specific findings to justify the denial.
ATTACHMENTS
• Final Plat (18” x 24” folded paper copies)
• City Council Resolution (draft) approving the Final Plat, Development Agreement, and Vested Property Rights
• Development Agreement