Body
Department of
Reference: Case Farms PUD, 2nd Amendment Rezoning
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: April 28, 2015
PURPOSE
Request to approve an Ordinance rezoning the Case Farms PUD, 2nd Amendment.
BACKGROUND
The Applicant, Clarke Carlson of Carlson Associates, is requesting approval of an Amendment to the existing Case Farms PUD (Planned Unit Development). The Amendment would allow the Applicant to revise some of the residential street layouts to reduce infrastructure needs, and add a mini-storage site on the corner of Bromley Lane and 27th Avenue. The PUD 2nd Amendment is considered at a public hearing and approved by ordinance.
The 237.66 acres was annexed into the City of Brighton in March 2003 and zoned initially PUD. Case Farms PUD was approved prior to the recession and the Developer has come back to the City to request some changes to make the property more feasible to develop, add a mini-storage site and lessen the infrastructure needed. The original PUD had the following development program:
In 2014 an Amendment was approved to allow for the LDS Church in a PA-6 area on 5.833 acres. The church is currently under construction. That area is now known as PA-3 (see the attached PUD Plan).
The Case Farms property is designated as being appropriate for "Medium Density Residential" and the "Bromley Lane District," according to Figure 4: Future Land Use Plan in the Comprehensive Plan. The "Medium Density Residential" designation is intended to accommodate 2.5 to 5 dwelling units to the acre, and allows for single-family detached, attached, and small-scale multi-family development. The Comprehensive Plan also identifies the property area as being within the "Bromley Lane Corridor" Planning Area, as delineated in Figure 5: Planning Areas. Development within the "Bromley Lane Corridor" should provide usable open space at key areas along the corridor, and allow for broadly defined development in order to attract quality uses while allowing the market to evolve.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
FINANCIAL IMPACT
The PUD 2nd Amendment should be reviewed for conformance with the nine (9) approval criteria as set forth in Section 17-16-110, of the Land Use and Development Code (summarized below):
a. The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design.
b. The PUD complies with the Comprehensive Plan and all applicable use, development, and design standards set forth in Section 4.7, including applicable zoning district standards, the Subdivision Regulations, and the Residential Design Standards that are not otherwise modified or waived according to the approved terms of the PUD plan.
c. The PUD Zone District shall comply with all applicable PUD use and development standards set forth in Section 4.7.
d. The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and similar features.
e. To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community.
f. Sufficient public safety, transportation, educational, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development.
g. As applicable, the proposed phasing plan for development of the PUD is rational in terms of available infrastructure capacity, marketing, and financing.
h. The same development could not be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications.
i. The applicant has submitted a schedule of development and agrees to the schedule subject to the revocation and withdrawal clauses of this section. (If the applicant is responsible for a delay of more than 6 months between the Planning Commission and City Council review the Planning Commission's previous decision shall be subject to withdrawal.)
The Owner and Applicant have worked cooperatively and diligently with city staff to ensure a quality development that would accommodate the City's needs, while also ensuring a marketable development plan that would meet the needs of the Owner, potential developers, and potential home buyers. The Applicant would like to add a parcel to accommodate mini-storage near the corner of Bromley Lane and 27th Avenue. In addition, the Applicant has added architectural conditions for the mini-storage to address compatibility with the planned surrounding residential and community uses. In addition to the Commercial Design Standards, the Applicant has agreed to the following:
Additional PUD Design Standards:
Intent: Located at the arterial/arterial intersection these sites are very visible and will anchor the overall Case Farms development. As such the design of the Commercial parcel is critical in establishing an overall character and quality of the community.
a. Provide a safe and pleasant pedestrian environment connected to the streets and walkway around the Commercial area with connections to the public open space system. b. Provision for a pleasant visual environment incorporating high quality architectural materials, properly sized and positioned signage, and intensive landscaping with generous open spaces.
c. Create consistent landscape treatment on all edges.
d. Screen parking areas with landscaping.
e. Blend the development within the Commercial parcel with the adjacent residential parcels by pedestrian connections, four sided architectural treatment, landscaping and the integration of open space areas.
The additional standards address the appearance, pedestrian environment, landscaping and pedestrian connectivity of the Commercial use along Bromley Lane that was not part of the original Case Farms PUD.
In addition to the Commercial parcel, the residential layout is revised, resulting in a reduction of the cost of infrastructure (roads and utilities) for development of this parcel. The revised layout will make development of the residential portion of the development less costly, therefore making it more likely for development in the near future.
Comprehensive Plan:
The proposed Case Farms PUD-2nd Amendment is compatible with the goals and policies of the Comprehensive Plan and the development and improvements proposed by the PUD will comply with several of the "Bromley Lane Corridor" Planning Area policies. Policy 5.17.2 anticipates the establishment of usable open spaces along the Bromley Lane Corridor. Construction within the subdivision will help facilitate sidewalk connection and the establishment of open space and parks, which will provide usable and valuable open spaces along Bromley Lane and throughout the neighborhood. The flexible PUD zoning proposed for the Case Farms subdivision will also provide compatibility with Policy 5.19: Allow for flexible zoning along the corridor, while also being compatible with the "Medium Density Residential" designation for this area.
In addition to the "Medium Density Residential" and the "Bromley Lane Corridor" policies, the Case Farms PUD-2nd Amendment advances other important principles of the Comprehensive Plan. The Case Farms PUD-2nd Amendment employs many of the "smart growth" and sustainable policies sought after in Principle 1: Practice sound citywide growth management and Policy 3: Brighton Shall Continue to Develop in a Self-Sufficient Manner. The PUD provides the opportunity to build a wide variety of housing products, which will encourage a balance of housing types and a diversity of citizens groups within the neighborhood, while acknowledging the existing, surrounding uses.
The Case Farms PUD-2nd Amendment establishes parks and open space as an integral part of the neighborhood, as proposed by Principal 4: Create Distinctiveness with Systematic and Large Areas of Open Space. All throughout the subdivision, there are pedestrian connections to every park and open space. Each Planning Area was designed to have close and convenient access to a park or an open space amenity. Even the internal street network is laid out to provide attractive views of the many parks and open space amenities, which act as focal points within the development. The revised layout preserves the connectivity of the future residents to the integrated parks and open space.
The roadways within the neighborhood support a distinctive and pleasing neighborhood, as encouraged by Policy 6.8. All of the streets in the Case Farms neighborhood are designed to provide visibility of the parks and open space throughout the neighborhood. The local streets are designed with traffic calming techniques, and for pleasing pedestrian mobility. The act of placing parks and open spaces as focal points of the development help promote neighborhood distinctiveness and character, in accordance with Principal 8 of the Comprehensive Plan. The local streetscapes were designed to be safe and to create inviting places for pedestrians and motorists. The homes and lots are designed to address and enhance the street as a public amenity, rather than a separate utility corridor designed simply to move vehicles with speed and efficiency. Lastly, the diversity of housing stock allowed for in the Case Farms PUD-2nd Amendment complies with Policy 8.7: Encourage Projects that Enhance the Diversity of Housing Types and Costs.
The proposed Case Farms PUD 2nd Amendment also integrates citywide development policies and principles in accordance with Principle 2: Plan, Build and Maintain within a Clear Citywide Development Framework. The Case Farms subdivision is located within Brighton's Urban Service Area A, as described in the Comprehensive Plan, which directs development towards areas with existing city services and contiguous development patterns.
Land Use and Development Code:
a. The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design.
The revised PUD Plan adequately addresses the inclusion of a parcel to be developed for mini-storage that is adjacent to a residential subdivision.
b. The PUD complies with the Comprehensive Plan and all applicable use, development, and design standards set forth in Section 17-16-110, including applicable zoning district standards, the Subdivision Regulations, and the Residential Design Standards that are not otherwise modified or waived according to the approved terms of the PUD plan.
The revised Case Farms PUD complies with the Comprehensive Plan as illustrated above and all applicable zoning standards, subdivision regulations and Residential Design Standards.
c. The PUD Zone District shall comply with all applicable PUD use and development standards set forth in Section 17-16-110.
The Amendment complies with the PUD Zone District use and development standards.
d. The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and similar features.
The Amendment does not diminish the agreed upon connections, sidewalks and trails throughout Case Farms.
e. To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community.
The proposed Case Farms PUD-2nd Amendment addresses any potential significant adverse impacts by additional proposed standards for the mini-storage parcel.
f. Sufficient public safety, transportation, educational, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development.
The Amendment does not modify any of the public safety, transportation, educational or utility facilities and services to serve the property.
g. As applicable, the proposed phasing plan for development of the PUD is rational in terms of available infrastructure capacity, marketing, and financing.
The Case Farms PUD-2nd Amendment proposes phasing that is rational.
h. The same development could not be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications.
The proposed development could not likely be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications. The size of the lots and the flexibility written into the PUD, to allow the construction of several different housing types dictated by market demand, would not be possible through a typical "straight zoning district." Likewise, the modern street cross-sections, which are designed to accent the streetscape, the houses, and accommodate pedestrians, would not be allowed by the template city street cross-sections
i. The Applicant has submitted a schedule of development and agrees to the schedule subject to the requirements and provisions set forth in ยง17-16-110(c)(7) of the Land Use and Development Code sections of the Brighton Municipal Code, as the same may be amended from time to time.
The zone change (PUD 2nd Amendment) request is compatible with the nine (9) approval criteria for a PUD.
PLANNING COMMISSION
The Planning Commission reviewed the request and unanimously recommended approval to the City Council for the 2nd Amendment.
PUBLIC INQUIRY
Staff has received no formal comments as of the date of this memorandum.
REIMBURSEMENT OBLIGATION: Prior to the processing or approval of a subsequent preliminary or final plat for all or any portion of the Case Farms property, the Developer shall satisfy its reimbursement obligation to the Prairie Center Metropolitan District(s) for its pro-rata share of the cost of financing, designing, constructing, operating and/or maintaining, as applicable, public improvements that either the Case Farms property benefited from or were oversized by the Prairie Center District to the benefit of the Case Farms property as set forth in the Comprehensive Funding Plan, Master Development Agreement, Pre-Annexation Agreement and Inter-governmental Agreement for Prairie Center and any amendments made there to. The Developer shall satisfy the reimbursement obligation by making a payment directly to the Metropolitan District or by executing a written agreement for payment with the Metropolitan District, and providing evidence of said payment or agreement to the City.
STAFF RECOMMENDATION
The Development Review Committee (DRC) and referral agencies reviewed the proposed PUD 2nd Amendment submittal. Staff finds that the application and PUD to rezone the property from is in conformance with the Comprehensive Plan and Article 17-8-80, Zone Changes, of the Land Use and Development Code. Based upon the staff findings as herein noted, staff recommends approval of the application with the Reimbursement Obligation condition as written in the attached ordinance, and has therefore included a draft Ordinance for your review and consideration.
OPTIONS FOR COUNCIL CONSIDERATION
1. Approve the zone change request for the property.
2. Not approve the zone change request for the property with specific findings to justify the denial.
ATTACHMENTS
• Existing Case Farms PUD Plan Phase Sheet
• Proposed Case Farms PUD Plan, 2nd Amendment
• Planning Commission Resolution
• Ordinance Approving Case Farms PUD 2nd Amendment