Body
Department of Community Development
Reference:
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: February 16, 2016
PURPOSE
In order to proceed with the annexation, zoning and platting of this property, the Council must review the annexation petition and application, and annexation agreement and approve the second reading of the annexation ordinance. Then Council must complete the second reading of the PUD. Finally, Council must hold a public hearing regarding the Final Plat and Development Agreement and approve the resolution.
BACKGROUND
The approximate two parcels, 1.590 acres and 1.208 acres, to be known as the North Star Annexation (the “Property”), are currently zoned A-3 (Agricultural) through Adams County. The Property is located east of S. 50th Avenue and is off of Grosbeak Street and also includes a portion of the 50th Avenue right of way. The Property is 100% contiguous with the existing Brighton city limits. The City of Brighton Comprehensive Plan, Figure 4: Future Land Use Plan, designates the Property as being appropriate for Mixed Use purposes, but is directly adjacent to residential.
The 1.590 acre property is subject to a zoning and final platting to PUD-Bromley Park 17th Amendment and a Final Plat showing 7 lots adjacent to Grosbeak Street.
APPLICATION SUMMARY
Applicant/Owner: T. Josh Shipman, North Star Equities, LLC
Location: Parcel located adjacent to Grosbeak & 50th Avenue, NE corner.
Site Size: 1.590 Acres (Subject to annexation, zoning & platting)
1.208 Acres (Subject to annexation (50th Ave ROW))
Comprehensive Plan: Mixed Use
Existing Zone Districts: A-3 (Agricultural) through Adams County
Proposed Zone District: Planned Unit Development-Bromley Park PUD-17th Amendment
Surrounding Zones: North: Rural Estate (RE)
South: Bromley Park PUD
East: Bromley Park PUD
West: Bromley Park PUD-Brighton Crossing
Existing Land Uses: Undeveloped land
Proposed Land Uses: Residential
COMPREHENSIVE PLAN
The Comprehensive Plan, Figure 4: Future Land Use Plan designates the Property as being appropriate for “Mixed Use” land uses, which includes residential uses. This property is directly adjacent to existing residential and is located on a residential street. The sole residential use of the property is appropriate given its size, its location, and proximity to other single family detached.
LAND USE AND DEVELOPMENT CODE
FINAL PLAT: Section 17-40-210 of the Land Use and Development Code, describes the procedures and requirements for a Final Plat. The Final Plat requires showing the location of the lots, tracts, utilities, drainage and other proposed improvements.
PUD: The PUD Amendment should be reviewed for conformance with the nine (9) approval criteria, as set forth in Section 17-16-110 of the Land Use and Development Code (summarized below):
a. The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design.
b. The PUD complies with the Comprehensive Plan and all applicable use, development, and design standards set forth in Section 17-16-110, including applicable zoning district standards, the Subdivision Regulations, and the Residential Design Standards that are not otherwise modified or waived according to the approved terms of the PUD plan.
c. The PUD Zone District shall comply with all applicable PUD use and development standards set forth in Section 17-16-110.
d. The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and similar features.
e. To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community.
f. Sufficient public safety, transportation, educational, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development.
g. As applicable, the proposed phasing plan for development of the PUD is rational in terms of available infrastructure capacity, marketing, and financing.
h. The same development could not be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications.
i. The applicant has submitted a schedule of development and agrees to the schedule subject to the revocation and withdrawal clauses of this section. (If the applicant is responsible for a delay of more than 6 months between the Planning Commission and City Council review the Planning Commission’s previous decision shall be subject to withdrawal.)
PUD DESCRIPTION & ANALYSIS
The proposed PUD Amendment (17th) is intended to add this property to the existing Bromley Park PUD as the property is directly adjacent to Bromley Park and will utilize existing infrastructure installed by Bromley Park. The proposed amendment is in compliance with all nine criteria of the PUD requirements. For example, it will integrate the new property into the existing development and mitigates the potential for adverse impacts by prohibiting parking on the north side of Grosbeak Street using robust signage, and requiring an additional garage setback (45’ from the back of sidewalk to the garages), to provide additional onsite parking. The proposal for single family detached is consistent in size and density to the existing homes across the street on Grosbeak and throughout the neighborhood.
FINAL PLAT DESCRIPTION & ANALYSIS
The North Star Subdivision Final Plat shows the locations and dimensions of seven (7) proposed lots and one (1) tract, as well as the location of various easements and dedications. The Plat also shows additional right-of-way for 50th Avenue. See the attached Final Plat for details and exact locations.
PUBLIC COMMENT
Notice of the City Council public hearing was mailed to property owners within 300 feet of the Property, published in the Brighton Standard Blade, and a public notice sign was posted on the Property, all for no less than five (5) days prior to the public hearing. No comments from the public have been received by staff, as of the date of this memorandum.
STAFF RECOMMENDATION-ANNEXATION
This request for annexation complies with the requirements of the Municipal Annexation Act, C.R.S. §31-12-101 et seq. and the Property is eligible for annexation. The requisite findings of eligibility are specifically set forth in the attached Resolution.
This request for annexation complies with the Comprehensive Plan.
OPTIONS FOR COUNCIL CONSIDERATION-ANNEXATION
Approve the Annexation Ordinance, on second reading.
Not Approve the Annexation Ordinance, on second reading, with specific findings to justify the denial.
FINDINGS-PUD AMENDMENT & FINAL PLAT
Staff finds the proposed Final Plat application to be in compliance with the requirements described in Section 17-40-210, Final Plat, of the Land Use and Development Code. Staff finds that the proposed PUD conforms to the Comprehensive Plan’s designation of “Mixed Use” and the policies of the “Bromley Park” Planning Area, and the PUD approval criteria set forth in Section 17-16-110 of the Land Use and Development Code. Therefore, staff has prepared City Council Resolutions that would approve the Final Plat, Development Agreement and an ordinance for the approval of the Bromley Park 17th PUD Amendment.
OPTIONS FOR COUNCIL CONSIDERATION-PUD
Approve the PUD Ordinance, on second reading.
Not Approve the PUD Ordinance, on second reading, with specific findings to justify the denial.
OPTIONS FOR COUNCIL CONSIDERATION-FINAL PLAT
Approve the Final Plat and Development Agreement Resolution.
Not Approve the Final Plat and Development Agreement Resolution, with specific findings to justify the denial.
ATTACHMENTS
Annexation (Ordinance)
Annexation Agreement (Resolution)
PUD (Ordinance)
Final Plat (Resolution)
Development Agreement (Resolution)