Body
Department of Community Development
Reference: Prairie Center Mixed-Use PUD, 3rd Amendment
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez - City Manager
Marv Falconburg, AICP - Assistant City Manager
Holly Prather, AICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: December 1, 2017
PURPOSE
The applicant, Libby Kaiser, on behalf of the owner, THF Prairie Center Development LLC, is requesting approval of the Prairie Center Mixed-Use PUD, 3rd Amendment. In accordance with the Municipal Code, Section 17-16-110, PUD - Planned Unit Development Overlay Zoning District, a Planned Unit Development (PUD) Amendment application shall be presented to the City Council, at a public hearing, along with an ordinance approving or denying the PUD Amendment application.
BACKGROUND
The subject area included in the Prairie Center Mixed-Use PUD, 3rd Amendment is generally located at the southeast corner of 27th Avenue and Eagle Boulevard. The proposed amendment, which is the 3rd amendment to the Prairie Center Mixed-Use PUD, includes some minor amendments to the dimensional standards in order to build a project that would be unique to Brighton in terms of housing type. The 1st Amendment to the Prairie Center Mixed-Use PUD was done in 2015 and reconfigured the proposed densities in the Village V portion of Prairie Center, which is the where this project is located. The 2nd Amendment to the Prairie Center Mixed-Use PUD was done in 2017 and clarified how densities can be transferred throughout Prairie Center if the owner wants to slightly change densities of the overall Prairie Center project.
Amendments to zoning, in this case PUD zoning, are generally the second step in the development process. Generally, the development process includes the following steps:
Annexation > Zoning (PUD) > Platting (aka Subdivision) >
Site Plan > Permits (Infrastructure and Building)
The property has been annexed into the City and given a zoning designation, which generally lays out the allowed land uses for the property. The property was zoned under a PUD, which means that zoning was negotiated with the City so the overall project can follow a cohesive theme. Generally with PUDs, the zoning standards go above and beyond what the Municipal Code would have required in exchange for getting to negotiate zoning standards. The PUD amendment application is requesting a slight modification to the existing zoning (PUD). Following this, the applicant will be following the Subdivision Platting process to add the appropriate easements to the property and then going through the site plan process to lay out how the site will look and operate.
The property this amendment would be affecting was annexed to the City as the part of the Second Annexation for Third Creek in May of 1986. In July of 2009, the land was zoned as part of the Prairie Center Mixed-Use PUD. Over the past thirteen (13) years, commercial properties have developed throughout Prairie Center and currently, an under construction apartment project, which is directly east of this property. Also approved in December was the Prairie Center Village I subdivision, a single-family subdivision directly to the north of this project. The project the applicant is proposing will fill the gap in housing types between single-family units and a multi-family apartment complex.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
The applicant for this PUD amendment is proposing four (4) minor amendments to the PUD to allow for their project to work within Prairie Center. The first amendment has to do with building separation. Specifically, the applicant is proposing that all living units be at least 10’ apart and that garages be at least 8’ away from a living unit. By comparison, the existing PUD requires anywhere from 10’ to 50’. By allowing closer living units, the applicant will be able to increase the density of the project, thus enabling increased availability for people looking for a small single-family rental product.
The second amendment is to clarify the masonry fence posts around the perimeter of the project. This amendment is to ensure to the City and the applicant what is expected of them in regards with how the perimeter fence should be designed. The third amendment being proposed also deals with the fence and increases the allowed fence plane along Red Tail Way from 200’ to 260’ along Red Tail Way. To alleviate this increased length, the applicant is proposing increased landscaping to visually buffer the increased fence length.
The fourth amendment being proposed is an increase to the widths of the internal sidewalks allowed so that residents of this proposed project would be able to navigate the campus more easily. The amendment specifically calls out the widths of sidewalks throughout the project according to their purpose, with more highly used sidewalks being wider than less used sidewalks.
The City Council in making its decision on this PUD Amendment shall use the following criteria (Section 17-16-110 (d.4)):
a. The PUD addresses a unique situation, confers a substantial benefit, or incorporates creative site design;
The proposed project, a multi-family project that is laid out across the site similar to single family projects, is a unique project that would provide a creative housing solution for those looking to live in a single-family unit but not have ownership responsibilities, such as lawn care or home maintenance. The existing PUD, while mostly allowing for this land use, was not written with this creative solution to housing needs in mind, which is why a minor amendment is required.
b. The PUD complies with the Comprehensive Plan and all applicable use, development, and design standards in the Subdivision Regulations and in the Residential Design Standards that are not otherwise modified or waived according to the terms of this PUD Plan;
As stated above, the Mixed-Use Residential area is supposed to allow for a variety of housing types near commercial and employment opportunities. This amendment to the PUD would allow for a new style of housing that would fill an unmet need in Brighton in terms of housing types.
c. The PUD District and PUD Final Development Plan shall comply with all applicable PUD use and development standards set forth in Section 17-16-110;
The proposed PUD amendment meets the standards of the Land Use and Development Code. The PUD amendment is designed to allow for an increased variety of housing types within the Prairie Center development and Brighton.
d. The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and similar features;
The Prairie Center Mix-Use PUD has been designed to be well connected, both internally within the PUD area as well as connecting to the larger transportation network. This project will have multiple street connections made to existing streets, both Peregrine Drive and Red Tail Way. These connections allow access onto local streets, instead of arterials, which will maintain traffic flow on the larger streets of S. 27th Avenue and Eagle Boulevard. Along with the two planned street connections to the larger transportation network, there are also sidewalks leading out of the development to the existing street network.
e. To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community;
There are not any foreseeable adverse impacts from this PUD to adjacent properties. The PUD is proposing landscaping to help beautify the streetscape.
f. Sufficient public safety, transportation, educational and utility facilities, and services are available to service the subject property while maintaining sufficient levels of services to the existing development;
All services available to developed properties in the City of Brighton will be available to this parcel. Furthermore, there should not be a decrease in level of service due to this development.
g. As applicable, the proposed phase plan for development of the PUD is rational in terms of available infrastructure capacity, marketing, and financing;
There is not any proposed phasing for this project as it will be developed at one time.
h. The same development could not be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications; and
To accomplish this development through traditional means, multiple variances would need to be granted. Traditionally, variances are granted to individual properties when a hardship arises on those individual lots and not found throughout the property. Because the project is one unified development, it is much cleaner and more appropriate to perform a PUD amendment to amend the zoning instead of requesting multiple variances and setting a precedent for future variances for other properties.
i. The applicant has submitted a schedule of development and agrees to the schedule subject to the revocation and withdrawal clauses of Section 17-16-110.
This property will be developed as a single phase once its plans are approved. It should be noted that along with this PUD Amendment, the applicant will need to undergo some additional steps in order to receive full approval of their project. This will include: a final subdivision plat and completion of their site plan.
PUBLIC NOTICE
As required by Section 17-8-30 of the Municipal Code, mailings were sent to all property owners within 300’ of this proposed zone change. These mailings were sent on December 18, 2017, and included a letter describing the proposed zoning as well as the time and place for the public hearing. Also included with the letter was a map of the subject area. Along with the public mailings, public hearing signs were posted on December 27, 2017, along Eagle Boulevard and S. 27th Avenue adjacent to the proposed project. Finally, a notice was published in the Brighton Blade on December 27, 2017, to give notice to those who are not affected property owners or those who do not drive near this intersection on a consistent basis. As of the date of this staff report, no formal comments have been received by staff. Please see all public notice attachments for further detail.
PLANNING COMMISSION RECOMMENDATION
On November 14, 2017, the Planning Commission reviewed this PUD amendment. After holding a public hearing and discussion, the Planning Commission voted to recommend this PUD amendment for approval, by a vote of 3-0. With their recommendation, the Planning Commission did not add any conditions or request any modifications of the proposed PUD amendment.
STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 17-16-110 of the Land Use and Development Code, and therefore recommends approval of this PUD Amendment for the property specifically described within the resolution. Staff has prepared a draft resolution that approves the proposed PUD Amendment.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has four (4) options it can make after reviewing this application. The Council may: (1) approve the PUD Amendment, (2) approved the PUD Amendment with modifications, (3) deny the PUD Amendment, or (4) continue the public hearing regarding the PUD Amendment if additional information is needed. Note: If additional information is required, the Council will need to specifically denote the required information to further review the application.
ATTACHMENTS
§ Proposed PUD Amendment
§ Vicinity Map
§ PUD Amendment Ordinance (draft)
§ Planning Commission Resolution No. 17-09
§ Mailing Notice for City Council Public Hearing
§ Newspaper Notice for City Council Public Hearing