This application is a request for approval of a 2^nd Amendment to an existing Development Agreement (2^nd Amendment), attached as Exhibit H in the PC staff report, for approximately 20.9 acres located on the south side of 11400 South, at approximately 491 West 11400 South. The amendment will authorize various deviations to the Draper City Municipal Code Title 9, Land Use and Development Standards, in regards to density allocation and minimum lot size.  In addition, the applicant is requesting language allowing for the construction of infrastructure improvements in Phase 2 prior to final subdivision plat approval. 

The applicant currently has a final subdivision plat application in for review on Phase 2 of the Big Willow Creek development. This phase has gone through the review process, but cannot be approved due to the subdivision only having one access point.  Draper City Municipal Code (DCMC) Section 17-5-030(G) limits developments to 30 lots, unless a second access is provided. Big Willow Creek currently has an access point from 11400 South, with a future connection to the south to the Jensen Farms Subdivision. Jensen Farms has been approved and a construction easement is recorded but the improvements have not been constructed.

The 2nd Amendment would allow the applicant to begin construction of subdivision improvements of Phase 2 prior to the secondary access being provided, and prior to subdivision approval. The applicant acknowledges in the agreement that the plat would not be eligible for recordation until the secondary access is completed, and that any installation of improvements is at their economic risk.

The Planning Commission reviewed this item at their April 2, 2020 meeting and forwarded a positive recommendation to the Council subject to the City Council amending the language to its satisfaction regarding the timing of the  secondary access with the approval and record action of the plat and the issuance of building permits. The vote was 4-1.

Updated language as suggested by the Planning Commission will be provided to the City Council prior to the meeting.

For approval: 

1. While the proposed 2^nd Amendment to the Development Agreement does not meet the requirements and provisions of the Draper City Municipal Code in regard to minimum lot size, there is an advantageous reason to modify lot size standards to allow a variety of homes and lot sizes within the City.

2. The application complies with the requirements of DCMC 9-5-200(C).

For denial:

1. The proposed 2^nd Amendment to the Development Agreement does not meet the requirements and provisions of the Draper City Municipal Code in regard to minimum lot size and there is not an advantageous reason to modify lot size standards.

2. The proposed 2^nd Amendment to the Development Agreement does not conform to the general aesthetic and physical development of the area.

3. The provision within section 5 of the 2^nd Amendment to the Development Agreement would lead to inadequate facilities and services intended to serve the subject property, specifically roadways and police and fire emergency access.