Body
Department of Community Development
Reference: Village at Southgate Brighton, Filing 2 Subdivision Plat Amendment
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Marv Falconburg, Acting City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: August 19, 2019
PURPOSE
The applicant, Karen Henry of Henry Design Group, on behalf of the owner, Arcus Southgate LLC, is requesting approval of the Village at Southgate Brighton, Filing 2, Subdivision and the accompanying development agreement amendment (First Amendment).
In accordance with the Municipal Code, Section 17-40-250, Plat Amendment, a plat amendment application shall be presented to the City Council if the Community Development Director believes the proposed amendment substantially alters the final plat as approved. Since the original subdivision plat showed the area as two large lots for multi-family development, the director has determined the plat amendment should be reviewed by the City Council at a public hearing, along with a resolution approving, approving with conditions, or denying the Plat Amendment application. The development agreement amendment shall be approved by resolution.
STRATEGIC FOCUS AREAS
Recognizable and Well-Planned Community
BACKGROUND
In 2015, the Village at Southgate Brighton property, generally located on the south side of east 120th Avenue, and approximately half-way between Peoria Street to the west and Potomac Street to the east was subdivided into:
• 150 residential lots for Single Family Detached,
• 2 large lots for higher density housing, Lot 1, Block 3 and Lot 1, Block 4,
• 2 lots for commercial or office, several tracts for drainage, landscaping, and open space; and
• 1 lot and tract for the relocated barn and neighborhood park.
In January 2019, the City Council approved the Southgate Brighton PUD, 3rd Amendment which changed the use and setbacks of the multi-family planning areas (planning areas B and D of the PUD document) to allow for the development of a paired home product (two homes on two fee-simple lots that share a wall). The PUD Amendment allows for rear-loaded paired homes with architectural standards promoting design diversity and compatibility with the homes under construction in the southern portion of the site.
The applicant submitted a plat amendment, Village at Southgate Brighton, Filing 2 for 138 rear-loaded paired homes with common landscape areas on Lot 1, Block 3 and Lot 1, Block 4. The development agreement amendment outlines the terms of development for Filing 2 including installation and timing of the public and private infrastructure for the paired home project.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Land Use and Development Code:
Section 17-40-210, Final Subdivision Plat, of the Code states that a Final Plat shall be reviewed for conformance with the Zoning Ordinance and the Subdivision Regulations. Section 17-40-250, Plat Amendment states that amendments to final plats that substantially alters the Final Plat as approved may be referred to City Council for consideration, consistent with the requirements of section 17-40.
Comprehensive Plan:
The property is designated as being appropriate for “Mixed Use Residential” according to the Future Land Use Map of the Comprehensive Plan. The “Mixed Use Residential” designation is primarily intended for multi-family buildings, single family attached homes, live/work unit, senior housing facilities and mixed-use buildings.
The proposed plat amendment is compatible with the goals and policies of the Comprehensive Plan. The property is directly adjacent to the 120th Avenue Opportunity Area, which states that the “corridor will provide substantial revenue to the City over time. Encourage quality development that is distinctive and economically viable for the long term…Set high landscaping standards and encourage substantial rather than low-cost building designs.” The paired home lots will not only encourage long term investment in the corridor, but provide a unique home ownership opportunity close to major transportation corridors and schools.
Managing Growth Principle 1: Policy 1.1, New Growth Should Favor Existing Areas of Infrastructure Investment and Planning. This policy anticipates that new development will be located in areas with existing development and planned infrastructure. The property is adjacent to other residential development, adjacent and near existing transportation networks (120th Avenue, I-76, E-470) and Prairie View Middle School and Prairie View High School.
Distinctive Neighborhoods Principle 6: The Village at Southgate Brighton, Filing 2, also integrates citywide development policies and principles in accordance with Policy 6.2: Ensure Residential Lot and Architecture Enhance the Street with distinctive architecture. Under Policy 6.5, Encourage Projects that Enhance the Diversity of Housing Types and Costs, and Manage Affordability through Supply and Subsidy, the proposed plat amendment provides for a housing type, (paired homes) currently not present within this area of the City. Paired homes generally start at a lower price point than traditional single family detached homes, thereby providing more homeownership opportunities. Finally, the plat amendment directly addresses two key strategies identified for Distinctive Neighborhoods, “Proactively attract developers who will deliver housing products lacking in Brighton’s supply, and be open to applicant interest in renegotiating approved developments to broaden the housing mix” and “Regulations…to aid in attaining high-quality residential development complementary to, and supportive of, the character of the community.”
STAFF ANALYSIS
Staff finds that the Village at Southgate Brighton, Filing 2 plat amendment application complies with the Subdivision Regulations found in Section 17-40-210 and 17-40-250 and with the applicable Southgate Brighton PUD, 3rd Amendment regulations. Filing 1 of the Village at Southgate Brighton Plat subdivided Lot 1 of Block 3 and Lot 1 of Block 4 into singular lots with the intent that future subdivisions may be needed in the future once a product type was identified. The proposed paired homes require the further subdivision of the lot to accommodate the sale of lots to individual owners.
The Development Agreement Amendment phases the project into three phases with the applicable private improvements in each phase. Each phase contains two points of ingress and egress, private roadways and alleys, parking areas and a portion of the landscaping and amenity area adjacent to those lots. Phase 1 contains 18 lots, Phase 2 contains 76 lots and Phase 3 contains 44 lots for a total of 138 lots or 69 paired homes. All the roadways and stormwater facilities are privately owned and maintained. There are public water and sewer lines through Periwinkle Way to serve the project. The surrounding public rights of way are already constructed to this portion of the project.
Development Review Committee (DRC) Review:
Both items have been reviewed and approved by the City’s Development Review Committee (DRC) and City Attorney. Referral agencies have also reviewed the plat amendment and all comments have been resolved. A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
The Land Use and Development Code requires public notice for a final plat be mailed to property owners within 300 feet at least fifteen (15) days prior to the public hearing, which happened on August 9, 2019, notice of the public hearing was also published in the Brighton Standard Blade on August 14, 2019 and a sign was posted on the Property on August 19, 2019 along 120th Avenue adjacent to the proposed project. No public comments have been received by staff, as of the date of this staff report. Please see all public notice attachments for further detail.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 17-40-210 and 17-40-250 of the Municipal Code, and therefore recommends approval of this plat amendment application. Based on staff’s recommendation, draft resolutions approving the Plat Amendment and Development Agreement Amendment have been provided.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has four (4) choices it can make after reviewing these applications. The Council may, together or separately:
(1) Approve the Plat Amendment and Development Agreement Amendment, or
(2) Approve the Plat Amendment and Development Agreement Amendment with any changes or conditions, or
(3) Deny the Plat Amendment and Development Agreement Amendment, or
(4) Continue the Plat Amendment and Development Agreement Amendment applications to a specific date in the future.
ATTACHMENTS
• Resolution and Plat Amendment - Village at Southgate Brighton, Filing 2
• Neighborhood Mailing Notice
• Neighborhood Mailing Notice Addresses
• Radius Map of Notice Mailing
• Newspaper Legal Notice Proof
• Draft City Staff PowerPoint