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Planning commission postpones review after developer’s plan counts public right-of-way as retail land
Summary
The planning commission postponed action on a developer’s new concept plan after staff said the submission counts about 9.82 acres of public right-of-way as retail/service land, which staff called an impermissible interpretation of PEC land-use requirements.
A new concept plan for the 90-acre Planned Employment Center parcel presented by developer Warfield prompted questions about how land-use percentages are calculated and whether public rights-of-way can count toward required retail and service acreage.
Councilmember Schooling reported on a planning commission meeting held the prior week where Warfield shared updated allocations for land uses across the parcel. The staff analysis read into the record by council members said the submitted concept plan proposes “utilizing approximately 9.82 acres of existing public right of way for retail and service oriented lands,” and staff concluded that approach “does not constitute a practical or permissible interpretation of the required land use percentages outlined in the planned employment center or PEC district.” Staff noted right-of-way is reserved for public infrastructure — roads, sidewalks, utilities — and is not developable land under the town zoning ordinance.
Staff and the planning commission postponed action and requested additional information; the council was told the planning commission scheduled further review in July. Staff also indicated the applicant asserted that a change in state law allowing up to six units per acre could enable a higher residential yield; the presentation referenced up to 543 residential units in the concept plan — about 398 more units than currently contemplated under previous approvals. The planning commission chair and staff raised concerns about ownership/control of the rights-of-way the applicant proposed to count in its land-use totals.
Why it matters: Any change to the required land-use percentages in the PEC district would require council action. Shifts in the allowed retail/service acreage or a large increase in residential units would alter the scale and character of the development and trigger further public review and regulatory steps.
Next steps: Planning staff and the commission requested updated materials from the applicant, and the commission likely will revisit the concept plan in July. If the commission recommends changes outside the existing PEC ranges, council action would be required and would be noticed as a public vote.
