Agenda

Back to Calendar Return

Item # 7.

Town Council Regular Session

Meeting Date:	09/07/2016
Requested by:	Bayer Vella
Submitted By:	Rosevelt Arellano, Development Infrastructure Services
Department:	Community Development & Public Works

Information

SUBJECT:

*REQUEST FOR APPROVAL OF A TWO YEAR EXTENSION OF THE MILLER RANCH MASTER DEVELOPMENT PLAN, LOCATED ON THE NORTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE (Item moved from Consent Agenda Item E to Regular Agenda on 9/1/16 at 2:30 p.m.)

RECOMMENDATION:

Staff recommends approval of the two year extension of time request to July 21, 2018.

EXECUTIVE SUMMARY:

The applicant has requested a two year extension of the Miller Ranch Master Development Plan. The approved Development Plan depicts a technology park with office, retail, bank and restaurant uses (Attachment 1). The location map (Attachment 2) provides context of the site in relation to the surrounding area.

The Town Council has granted two extensions (covering July 2012 to July 2016) of the original Development Plan approvals. The applicant has requested (Attachment 3) an additional extension prior to the July 21, 2016 expiration date.

The Development Plan was originally approved by the Town Council in July 2010. As a basis for the previous and current request, the applicant has cited economic hardship in the markets, which has delayed securing potential users for the development, with the current construction of Tangerine Road as a partial cause. There has been no development on the site; however, the applicant has informed staff that they are currently working to secure a potential user for the northern portion.

It is important to note that the approved Development Plan complies with the land use and site plan requirements (e.g. parking, building orientation, landscape buffer yards, etc.) of the Zoning Code, and a denial of this extension will not require a different site layout. The applicant has indicated that they will exercise the current zoning entitlements to establish the same design. A denial of this request would result in a new application, neighborhood meetings and public meetings to inefficiently review the same or similar design.

To summarize, there are three factors that support the applicant's request for an approval extension of the current plan:

Since original approval, there have been no code changes or updates that affect the current plan
Tangerine Road is currently under construction, which will impact interest in development of the site, until complete
If denied, the applicant will process the same plan back through the conceptual design process, and since zoning and the code have not changed to impact the original design, the Town is compelled to approve the plan

BACKGROUND OR DETAILED INFORMATION:

Site Conditions

21 acres
Undeveloped land
The site is zoned C-1 (Commercial) and T-P (Technological Park)
Access to this site is from La Canada Drive and Tangerine Road

Approvals to Date

2004: General Plan Amendment
2007: Rezoning
2010: Conditional Use Permit for bank drive-thru (Phase 1)
July 2010: Master Development Plan approved
July 2010: Phase 1 (Commercial Center) and Phase 2 (Tech Park) Development Plan
Sept. 2012: Extension of Time for Master Development Plan and Phase 1 and 2 Development Plan
Sept. 2014: Extension of Time for Master Development Plan and Phase 1 and 2 Development Plan

The Zoning Code provides that Development Plans expire and become null and void after two (2) years if a building permit has not been issued. The Town Council may extend the Development Plan approval for up two years if the applicant files a request prior to the expiration.

The purpose of the two year deadline is to ensure that the planned developments stay current with Zoning Code updates and changes to adjacent infrastructure (roads, utilities, etc.). The approved Development Plan complies with the current land use and site plan requirements (i.e. parking calculations, landscape buffer yards, building orientation, etc.) of the Zoning Code. Planned modifications to Tangerine Road also do not impact the proposed development.

Since the Master Development Plan was approved in 2010, the applicant has cited economic hardship in the retail market as a basis for the previous and current extension request. The applicant has informed staff that the Tangerine Road expansion project is also contributing to the lack of interest to develop the property. Despite these obstacles, they are reportedly in the process of securing a potential user for the northern portion of the site.

The property’s underlining zoning districts enable the permitted uses and site plan design represented in the approved Master Development Plan. Should this extension be denied, it is not apparent that the community would benefit from a new Master Development Plan because the process would likely yield the same or similar results. The applicant has indicated that they would use their existing zoning rights to essentially design the same project. A new application would be subject to the same Zoning Code requirements, require a 6 to 8 month review, two neighborhood meetings and two public hearings.

FISCAL IMPACT:

A denial will have a negative fiscal impact to the Town. The reason being Development Services does not fully recuperate the cost of plan processing through the current fee structure. In general, Development Services operates from an overall cost recovery of 60%.

The applicant has indicated that if their extension request is denied, they will reprocess the same plan back through the Town's conceptual site plan approval process. Since there have been no changes to the Town's Zoning Code that would impact or require changes to said plan, coupled with the plan has already been approved once by the Town, the Town would be required to approve as it would meet all applicable zoning criteria.

Therefore, approving the plan as presented within will have the net effect of saving taxpayers and the Town's budget by averting unnecessary public noticing, plan review, neighborhood meetings, public CDRB and Town Council hearings, just to get the same proposal in the end.

SUGGESTED MOTION:

I MOVE to approve the request for a two year extension of the Miller Ranch Master Development Plan to July 21, 2018.

OR

I MOVE to deny the request for approval of a two year extension of the Miller Ranch Master Development Plan finding that _______________________.

Attachments
Attachment 1 - Master Development Plan
Attachment 2 - Location Map
Attachment 3 - Application