SUBJECT: General Business
Title
A Resolution of the Town Council of the Town of Erie Approving the Second Amendment to the First Amended and Restated Development Agreement for Sunwest North Subdivision
Body
DEPARTMENT: Planning and Development
PRESENTER: Christopher C. LaRue, Principal Planner
POLICY ISSUES:
Staff’s analysis indicates the proposed Development Agreement (DA) Amendment is consistent with Town Charter, Municipal Code, and the Comprehensive Plan. Additionally, the amendment to the DA only allows residential development on Block 6 Tract 1-A-1 that has remained vacant for many years. No other changes to the DA are proposed. Any future development of the site would be subject to subdivision and site plan applications as required by the UDC.
STAFF RECOMMENDATION:
Recommendation
Approve the Second Amendment to First Amended and Restated Development Agreement for Sunwest North Subdivision
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Block 6 Tract 1-A-1 is located south of the intersection of Jasper Road and Stewart Way and is currently zoned Low Density Residential. The area impacted by the amendment (Block 6 Tract 1-A-1) is highlighted in green:
In 2002 the subject property was platted as Block 6 Lot 1 of the Sunwest North Subidivison Final Plat. Town Council approved the Sunwest North Subdivision Final Plat 2nd Amendment in September 2012. The 2012 subdivision amendment re-platted Block 6 Lot 1 into Block 6 Tract 1-A-1.
The original DA for the subdivision restricted development “…for non-residential uses allowed in the then current zoning for Block 6 Lot 1 provided it complies with all zoning requirements”. In 2012 the original DA was terminated and replaced with the First Amended and Restated Development Agreement. In 2013 the First Amended and Restated Development Agreement was amended by the First Amendment to the Sunwest North Subdivision First Amended and Restated Development Agreement. All versions of the DA contained the same residential restriction on the subject site.
The residential restriction on Block 6 Tract 1-A-1 was applied in response to the existing planning context of the time. The property directly to the east, now known as Ranchwood, was an undeveloped Business Commercial Zone. Additionally, Jasper Road was classified as an arterial road, onto which residential uses were not allowed to directly access. Over time, the surrounding context has changed. The Ranchwood property was rezoned with the Erie Town Center Planned Development and was platted for townhomes and apartments. Jasper Road has since been reclassified as a collector. Collector roads can allow limited residential access.
Given the change in land uses and roadway classifications in the immediate vicinity of the subject property, the residential restriction on Tract 1-A-1 is no longer necessary. The property owner desires to develop Block 6 Tract 1-A-1 as residential as it has remained vacant for many years. The current proposed DA amendment deletes the paragraph restricting residential uses on the site. Removing the noted restriction would allow the property to develop per the existing Low Density Residential zoning. The property would be subject to future subdivision and site plan applications per the UDC.
ACTION ITEMS:
The Town Council is the approval body for the Second Amendment to First Amended and Restated Development Agreement for Sunwest North Subdivision.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Safe and Healthy Community
ü Effective Governance
ATTACHMENTS:
1. Approval Resolution
2. Second Amendment to First and Restated Development Agreement for Sunwest North Subdivision