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RESOLUTION APPROVING THE TURNBERRY FILING NO. 5 SUBDIVISION
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Summary and Background Information:
Catellus CC Note, LLC, the master Developer for Turnberry, has submitted this application in order to plat Turnberry Filing #5. This Filing includes 222 new lots for single-family detached uses, 20 tracts for landscaping, open space, utilities, and/or drainage, and the dedication of right-of-way. There is a drainage feature that bisects this property from east to west. This property is generally located 1000 feet south of E. 104th Avenue, north of E. 96th Avenue, east of Highway 2, and bisecting existing Peoria Street. The property is current zoned as part of the Turnberry PUD. The general purpose of the proposed plat is to create additional lots for residential development. The proposed subdivision, vacation and realignment of Peoria Street have been contemplated since the earliest approvals of the Turnberry PUD Zone Document. The newly constructed and realigned Peoria Street with serve as a major collector, eventually transporting citizens throughout the area south of E. 104th Avenue.
The request being considered at this hearing is for a subdivision plat. Traditionally, subdivisions are reviewed and approved administratively in accordance with the City’s Land Development Code (LDC). However in conjunction with this development, there is a vacation of active right of way, Peoria Street. Vacations of active right-of-way can only be approved by City Council and must accompany a subdivision plat that identifies how the vacated property will be utilized. Hence, this is the reason why both cases are before the City Council this evening. As it relates to subdivisions, the LDC sets out the specific criteria upon which a plat application can be approved or denied. Therefore, the analysis and evaluation must be limited to those criteria; no other considerations may be considered in the decision making process. Of note, the future development within this subdivision plat such as homes that may be constructed in this Filing or their associated price points may not be included in the review criteria associated with the division of land and as such, may not be considered in the city’s review process. To note, no application for any home model review has of yet, been submitted.
The applicant has concurrently applied for a vacation of ROW (Case V-89-21) to vacate the existing Peoria Street and realign it to the east as a subdivision parkway through the development. Referral agencies including South Adams Fire Protection District, Tri-County Health Department, utility agencies, the US Army, and various city departments have reviewed the proposal and have been working with the applicant to address all comments and to ensure that agencies have no conflicts with the vacation request. Upon approval of the vacation, this Filing #5 subdivision will replat the previous Peoria Street into lots, tracts and ROW.
Because the subdivision only requires one reading at City Council and the Vacation Plat requires two, a condition is placed on this subdivision case in the very remote chance that the Vacation Plat is not approved on second reading. It would read, “This subdivision plat approval is based on the subsequent final approval of the Vacation Plat referenced in case V-89-21. If, for any reason, the Vacation Plat is not approved in second reading, then this subdivision plat approval will become null and void and may not be recorded.”
In addition to the vacation plat, there is also a PUD Development Permit under review. This PUD Development Permit (Z-706-D-423-20) is an administrative review of landscaping, addressing, and construction documents. The PUD Permit would not be approved until after the vacation plat and subdivision plat are approved.
The proposed subdivision will meet all lot requirements for the Turnberry PUD Zone Document and the LDC, including lot size. Approval of this subdivision plat will allow for the continued development of this planned community. Please see attached Planning Commission minutes for detailed background and discussion
Staff Responsible (Department Head): Jason Rogers, Community Development Director
Staff Member Presenting: Steve Timms, Planning Manager
Financial Impact: N/A
Funding Source: N/A
Planning Commission Recommendation:
On December 1, 2020, the Planning Commission held a public hearing, took testimony, and voted (5 - 0) to forward the final subdivision plat request to City Council with a recommendation for approval, subject to the one condition and findings of fact.
Motion Options:
Option 1. To approve the requests as submitted by the applicant;
Option 2. To approve the request subject to conditions;
Option 3. To deny the request