6.2.
Regular Planning Commission
- Meeting Date:
- 11/02/2017
- By:
- Tim Gladhill, Community Development
Information
Title:
Consider Recommendations related to proposed Villas at North Fork subdivision; Case of Paxmar, LLC (Project No. 17-145)
- Comprehensive Plan Amendment from Rural Developing to Medium Density Residential
- Zoning Amendment from Planned Unit Development to R-2 Residential
Purpose/Background:
The purpose of this case is to consider a recommendation for a proposed Sketch Plan Review (100 lot subdivision), Comprehensive Plan Amendment (Rural Developing to Medium Density Residential + Urban Service Area Extension), Zoning Amendment (Northfork Planned Unit Development to R-2 Residential). Conditional Zoning Amendments are allowed by City Code Section 117-50 that allow a Zoning Amendment, but require that it follows a specific site plan to avoid the potential for a completely different project to be proposed after said Zoning Amendment.
This is the first time the Planning Commission has reviewed this project. Please note that Paxmar, LLC has previously proposed a separate project in close proximity to this proposal, known as North Fork Meadows. The current proposal, Villas at North Fork, is a new proposal on a different site proposed by the same developer.
The City has significant discretion in review of this project. Since the project requires a Comprehensive Plan Amendment and Zoning Amendment, the City is not obligated to approve said project. It has been the City's policy that the Developer must demonstrate a compelling reason to approve the change. This results in a higher standard of review compared to projects that meet all minimum standards of their respective zoning district.
This is the first time the Planning Commission has reviewed this project. Please note that Paxmar, LLC has previously proposed a separate project in close proximity to this proposal, known as North Fork Meadows. The current proposal, Villas at North Fork, is a new proposal on a different site proposed by the same developer.
The City has significant discretion in review of this project. Since the project requires a Comprehensive Plan Amendment and Zoning Amendment, the City is not obligated to approve said project. It has been the City's policy that the Developer must demonstrate a compelling reason to approve the change. This results in a higher standard of review compared to projects that meet all minimum standards of their respective zoning district.
Notification:
Staff attempted to notify all Property Owners within 700 feet of the Subject Property of the Sketch Plan Review.
Observations/Alternatives:
Sketch Plan Review
Sketch Plan review affords the Planning Commission the opportunity to weigh in on the general layout of the project before the Developer incurs expenses related to the preparation of the Preliminary Plat (next step). The Preliminary Plat is the most important approval granted to a project, as it gives entitlement to the project. The Final Plat is the legal instrument recorded to subdivide the property into multiple parcels and includes construction-ready plans.
Similar to North Fork Meadows, the Developer is requesting that the Zoning Amendment be approved prior to preparation of Preliminary Plat. The attached Staff Review Letter outlines the process for this request. It is noted to be acceptable with a Conditional Rezoning Agreement, but it outside the City's normal sequence. Unlike North Fork Meadows, this project does also include a request for a Comprehensive Plan Amendment as well.
Future steps in review include the following.
Conditional Zoning Amendment
City Code Section 117-50 permits the City to make a Zoning Amendment conditional upon a specific proposal. A concern was raised by the public at a previous public meeting that there was the potential to approve the Zoning Amendment, then have a different project come in based on the new zoning district. These two tools allow the City to protect itself from that scenario. The City Attorney has expressed some hesitation with this approach, but feels the concern can be adequately mitigated with the correct language in an agreement. The City Attorney wants to avoid perceptions of Contract Zoning (approval of a Zoning Amendment in exchange for some material consideration, namely cash), which is not permissible. The Developer (Paxmar) desires to have the Zoning Amendment approved, conditioned on substantial compliance with the current concept, before preparing preliminary plat materials (due to cost to prepare a Preliminary Plat). Ordinarily, the Zoning Amendment would run parallel with the Preliminary Plat, not before.
Sketch Plan review affords the Planning Commission the opportunity to weigh in on the general layout of the project before the Developer incurs expenses related to the preparation of the Preliminary Plat (next step). The Preliminary Plat is the most important approval granted to a project, as it gives entitlement to the project. The Final Plat is the legal instrument recorded to subdivide the property into multiple parcels and includes construction-ready plans.
Similar to North Fork Meadows, the Developer is requesting that the Zoning Amendment be approved prior to preparation of Preliminary Plat. The attached Staff Review Letter outlines the process for this request. It is noted to be acceptable with a Conditional Rezoning Agreement, but it outside the City's normal sequence. Unlike North Fork Meadows, this project does also include a request for a Comprehensive Plan Amendment as well.
Future steps in review include the following.
- Preliminary Plat
- Final Plat
Conditional Zoning Amendment
City Code Section 117-50 permits the City to make a Zoning Amendment conditional upon a specific proposal. A concern was raised by the public at a previous public meeting that there was the potential to approve the Zoning Amendment, then have a different project come in based on the new zoning district. These two tools allow the City to protect itself from that scenario. The City Attorney has expressed some hesitation with this approach, but feels the concern can be adequately mitigated with the correct language in an agreement. The City Attorney wants to avoid perceptions of Contract Zoning (approval of a Zoning Amendment in exchange for some material consideration, namely cash), which is not permissible. The Developer (Paxmar) desires to have the Zoning Amendment approved, conditioned on substantial compliance with the current concept, before preparing preliminary plat materials (due to cost to prepare a Preliminary Plat). Ordinarily, the Zoning Amendment would run parallel with the Preliminary Plat, not before.
Funding Source:
All costs associated with processing the Application are the responsibility of the Developer. The Developer will be responsible for the costs of construction of all infrastructure internal to the site.
The Developer has requested that a cost share agreement be approved for the final segment of Puma Street. The Developer proposes to share the cost between itself, the City, and Capstone Homes (Owner/Developer of parcel to the west). This will be discussed in detail with the Preliminary Plat. Action at this stage does not obligate or commit the City to any investment in the project.
The Developer has requested that a cost share agreement be approved for the final segment of Puma Street. The Developer proposes to share the cost between itself, the City, and Capstone Homes (Owner/Developer of parcel to the west). This will be discussed in detail with the Preliminary Plat. Action at this stage does not obligate or commit the City to any investment in the project.
Recommendation:
The proposed subdivision is a significant departure from what was originally planned. Staff needs some broad policy direction from the Planning Commission and City Council. The City has the ability to approve said project, but is not obligated to do so. Staff could point out a number of positives of this project, but also acknowledges those benefits come at a cost.
Action:
Motion to recommend that the City Council approve/deny the request for the Comprehensive Plan Amendment and Conditional Zoning Amendment.
Attachments
- Site Location Map
- Sketch Plan
- Comprehensive Plan - Land Use Plan
- City Code Section 117-112
- Staff Review Letter
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Brian Hagen | Tim Gladhill | 10/31/2017 09:19 AM |
- Form Started By:
- Tim Gladhill
- Started On:
- 10/31/2017 08:11 AM
- Final Approval Date:
- 10/31/2017