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Department of Community Development
Reference: Christine Place Subdivision
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst - Acting City Manager
Marv Falconburg, AICP - Assistant City Manager of Development
Holly Prather, AICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: March 28, 2017
PURPOSE
The applicant, Jeff Teater, on behalf of the owner, The William E. Teater 2012 Irrevocable Trust is requesting approval of the Christine Place Subdivision Final Plat and Development Agreement. 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.
BACKGROUND
The Christine Place Subdivision is generally located on the southeast corner of 19th Avenue and Jennifer Court and would create one (1) platted lot approximately 4.35 acres in size (the “Property”). The Final Plat also includes an open space tract being dedicated to the City on the east side of the Property and easements for public utilities.
The Development Agreement associated with the Final Plat sets forth the Developer’s responsibilities regarding the construction and maintenance of various improvements within the Development, including improvements to 19th Avenue and Jennifer Court, the payment of parks and open space fees, dedication of land for open space, payment of a fee in lieu of dedication for school facilities, and an agreement to properly maintain drainage facilities. The Agreement also sets forth the City’s agreement to allow various fee reductions in consideration for certain representations made by the Developer in regard to making the Development sustainable that are similar to the Solaire Apartment project in 2012 and the Elements Apartment project in 2016. To view the reductions, please review the table in Exhibit G-2 of the Development Agreement.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
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.
STAFF ANALYSIS
Staff finds that the Final Plat Application complies with the subdivision regulations found in Section 17-40-210 and with the R-3 (Multiple-Family Residential) zone district regulations found in Section 17-16-70 of the Land Use and Development Code. The Development Agreement has also been reviewed and approved by the city’s Development Review Committee (DRC) and City Attorney.
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 Blade, and posted on the Property; 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 public hearing regarding the surface development of the Property. No public comments have been received by staff, as of the date of this staff report.
STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 17-40-210 of the Land Use and Development Code, and therefore recommends approval of this Final Plat application. Based on staff’s recommendation, a draft resolution approving the Final Plat and Development Agreement has been provided.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has three (3) choices it can make after reviewing this application. The Council may: (1) approve the Final Plat and Development Agreement, (2) approved the Final Plat and Development Agreement with conditions, or (3) deny the Final Plat and Development Agreement.
ATTACHMENTS
§ Final Plat
§ Vicinity Map
§ Final Plat and Development Agreement Resolution
§ Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)