Body
Department of Community Development
Reference: Prairie Center Village V Subdivision, Filing No. 1
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Cathy Sexton, Associate City Planner
Date Prepared: October 8, 2015
PURPOSE:
The Applicant, Todd Lambert, THF Prairie Center Development, L.L.C., is requesting approval of the Prairie Center Village V Subdivision, Filing No. 1 Final Plat and 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 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. As outlined in Section 17-56 of the Land Use and Development Code, a request for a site specific development plan vested property right must be reviewed by the City Council at a public hearing and approved by resolution.
SUMMARY:
The Property, which is approximately 90.39 acres, is generally located south of Eagle Boulevard, east of South 27th Avenue, west of the existing Target and north of the existing Home Depot. The Final Plat divides the Property into four (4) platted lots for a mix of residential uses, a neighborhood park tract, and an open space tract. Lot 4 will have to be subdivided further to accommodate single family residential. The Final Plat also shows the location of several easements, a trail easement, and the right-of-way dedication for Peregrine Drive and Red Tail Way, streets that intersect the Property and provide connection to Eagle Boulevard and South 27th Avenue.
The Development Agreement associated with the Final Plat includes various provisions, including a requirement to provide a financial guarantee for the design and construction of improvements to Peregrine Drive and Red Tail Way; to design and construct improvements in the open space tract, to design and construct the trail that runs along the west side of the Brighton Lateral Ditch and along the southern boundary of the Property; to design and construct the neighborhood park; and design and install landscaping adjacent to all right-of-way; and design and construct utilities to serve the Property. Many of these improvements will be completed in phases as outlined within the agreement.
The three (3) year vesting period would provide a measure of assurance that the Final Plat and Development Agreement will remain in effect for an adequate period of time to develop the site with the understanding that one of the lots will have to be further subdivided for single family residential.
PUBLIC NOTICE:
Though 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 September 23, 2015 and posted on the Property on September 24, 2015, all for no less than five (5) days prior to the date of the public hearing. Also, in accordance with 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 for the Planning Commission public hearing held on October 13, 2015. No public comments have been received by staff as of the date of this staff report.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEMS:
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, shows the Property as being appropriate for “Mixed Use (Residential, Commercial and Office).” The “Mixed Use (Residential, Commercial and Office)” area is intended to provide flexible yet compatible development patterns that integrate commercial, office and residential land uses. The Property is also located within the “Buckley Road Corridor” and the “144th Avenue Area” as shown in Figure 5: Planning Areas. The “Buckley Road Corridor" is intended to create a mixture of commercial, office, public and residential uses with an emphasis on nodes of development with major school/public land/open space systems, including trails, providing breaks in the corridor. The “144th Avenue Area” is intended to become a mixture of residential, office, commercial and interchange-oriented development with less intensive uses (i.e., residential, open space) located away from I-76.
Section 17-56, Vested Property Rights, of the Land Use and Development Code states that a vested property right gives the property owner “the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.” If vesting rights are granted, the property owners would be ensured that, during the three year vesting period, any future rezoning or land use action by the City will not adversely affect their development or use of the property. Three years is the standard vesting period provided in the Land Use and Development Code.
STAFF ANALYSIS:
Staff finds that the Final Plat Application complies with the Subdivision Regulations found in Section 17-40-210 of the Land Use and Development Code and with the Prairie Center Mixed Use PUD. The Prairie Center Mixed Use PUD designates this area for Townhomes, Townhomes/Condominiums Combos, Condominiums/Apartments, and Single Family Detached Alley Loaded/Patio and/or Cluster Single Family Detached land uses. One of the lots that is zoned for single family residential uses will need to be subdivided further when there is a developer for that lot and the layout is determined. Staff also finds that the Final Plat complies with the policies of the Comprehensive Plan, Figure 4: Future Land Use Plan designation of the Property as being appropriate for “Mixed Use” land uses and with Figure 5: Planning Areas, which shows the Property within the “Buckley Road Corridor” and within the “144th Avenue Area”. The Final Plat complies with the Comprehensive Plan designations as the Property is within a master planned community that allows for a mix of residential uses and commercial uses and the Property provides for open space areas, a trail and a mix of residential uses further away for I-76. The Development Agreement has been reviewed and approved by the City’s Development Review Committee and City Attorney, and the applicant has agreed to all terms in the agreement and has agreed to sign such agreement. In addition, staff finds that the request for vested property rights is in conformance with the provisions outlined in Section 17-56, Vested Property Rights, of the Land Use and Development Code.
Based upon these findings, staff recommends approval of the Final Plat and Development Agreement and recommends approval of the Final Plat and Development Agreement as a Site-Specific Development Plan. However, there are four requirements that remain outstanding; therefore, the draft resolution has been prepared that would approve the Final Plat and Development Agreement and approve the Final Plat and Development Agreement as a Site-Specific Development Plan, to be vested for a period of three (3) years, subject to the stated conditions.
PLANNING COMMISSION:
On October 13, 2015, the Planning Commission reviewed and approved the Preliminary Plat with conditions that the Applicant designate the utility easements as ‘non-exclusive’ and address and resolve conflicts and objections raised by Anadarko in regards to the existing Surface Use Agreement, while ensuring the trail along the Brighton Lateral Ditch remains, and if required to move, is in a location approved by the Community Development Director.
OPTIONS FOR COUNCIL’S CONSIDERATION:
§ Approve the resolution.
§ Deny the resolution with specific findings of fact to justify the denial.
ATTACHMENTS:
§ Final Plat
§ Vicinity Map
§ Draft Resolution approving the Final Plat and Development Agreement and Site Specific Development Plan Vested Property Rights with conditions
§ Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)