Department of Community Development
Reference: Swink Metropolitan District Service Plan
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, Senior Planner - Historic Preservation
Date Prepared: February 13, 2023
PURPOSE
Pursuant to Article 1, Title 32, Colorado Revised Statutes, as amended, the City of Brighton has the authority to approve service plans for special districts (also known as metropolitan or simply metro districts) that are organized within the City’s boundaries. City Council now has before it a proposal for a service plan for a new metropolitan district known as the Swink Metropolitan District (the “District”) covering the development known as Swink.
BACKGROUND
The formal applicant, the District’s organizer, is Bromley Land Ventures, LLC (the “Applicant”), and their team is additionally comprised of legal counsel from Cockrel Ela Glesne Greher & Ruhland, PC and the engineering firm of Innovative Land Consultants, Inc. The Applicant’s Financial Plan was formed by Piper Sandler & Co.
The proposed District will encompass 133.56 acres located north of Bromley Lane, south of Southern Street, and between the South 45th Avenue alignment and South 50th Avenue (the “Property”). The Applicant is proposing residential uses which is in line with the Comprehensive Plan’s future land use designation for the Property of Mixed-Use Residential. The Property is currently zoned R-1-A (Single Family Detached), R-2 (Medium Density Residential), and R-3 (Multiple Family Residential).
The Applicant is seeking the formation of the district to assist in the funding of needed improvements to serve the Property such as roadway and access improvements, as well as extension of water and sewer services and the creation of stormwater and drainage facilities to serve the Property.
The submission uses the adopted Model Service Plan and the Applicant is not proposing any deviations from it.
Approval by the City Council is the first of several steps that new districts organized within the City limits of Brighton must complete before becoming a legal entity. However, this current step is the City’s only review prior to formation. The City Council will only see the service plan again if there is a proposal for a substantive amendment or as outlined under any special conditions in the service plan or accompanying intergovernmental agreement.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Per the Special District Act, Article 1, Title 32 of the Colorado Revised Statutes, service plans must include the following items:
● Description of services,
● Financial information,
● Preliminary engineering or architectural survey showing how the services, are to be provided,
● Map of boundaries,
● Estimated population at build-out,
● Estimated assessed valuation at build-out,
● General description of facilities to be constructed,
● Estimated costs of land acquisition, engineering, legal and administrative costs, and costs related to the organization and initial operation of the district,
● Description and form of any proposed Intergovernmental Agreements (IGAs), and
● Other information set by State Statutes or required by the approving jurisdiction(s).
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published in the February 9, 2023 edition of the Brighton Standard Blade by the Applicant as directed by state statute for Metro District Service Plans. As of the date of this report, City staff has not received any public comment on the matter.
STAFF ANALYSIS / SUMMARY OF FINDINGS
City staff has reviewed the service plan along with Butler Snow, LLP and Hilltop Securities, Inc. Butler Snow offers specialization in metro district formation and Hilltop offers experience in metro district financial review.
The submitted service plan addresses all items required by state statute to be included in service plans, and it aligns with the Model Service Plan adopted by City Council. Specifically, mill levy caps, audit, reporting, meeting location, and notification requirements are outlined according to the Model Service Plan.
The daytime “population” at build-out is estimated by the Applicant to be approximately 2,950 people. Note: There are no commercial units proposed to be developed within the metro district boundaries.
The Financial Plan (Exhibit D) to the Service Plan outlines that the District will need to spend approximately $33,374,704 for the installation of infrastructure and will need the borrowing authority of $50 million. The maximum debt authorization in the aggregate principal amount will equal $50 million.
Included in the improvements to the Property and the surrounding area are new streets, water and sewer infrastructure, storm drainage, and landscaping, all of which are internal to the site. In addition, the Applicant has proposed improvements to four streets, which include the full construction of South 45th Avenue as a collector cross-section, and improvements to South 50th Avenue to full build out as a minor arterial cross-section, East Bromley Lane to full build out as a major arterial cross-section, and Southern Street to full build out as a collector cross-section. The District improvements will also consist of water lines being installed within South 45th Avenue and South 50th Avenue, sewer lines within South 50th Avenue and East Bromley Lane, and storm drainage within all four improved streets.
The City’s Development Review Committee has reviewed the infrastructure cost estimates and finds them acceptable. See Exhibit E of the Service Plan for further detail. The Utilities and Public Works Departments are satisfied with the ability of the infrastructure items to be constructed to serve the Property and the maintenance responsibilities as outlined. The City’s Finance Department Director and the City’s consultants for metropolitan districts have reviewed all documents submitted as part of the application as well.
In regard to requests for additional notification for new or potential property owners within the boundaries of the District relating to district taxes, the Applicant has included recently used additional language for the IGA and Service Plan. At the time of the District’s organization, and as the mill levies are amended, the additional notice (Exhibit A of the IGA) will be recorded and included in the title work of the property. The additional notice will provide a summary of the taxes levied on a property with an estimated value for review.
City staff finds that in the area of the proposed District there is sufficient existing and projected need for organized service, the existing service is inadequate for present and projected needs, the proposed District is capable of providing economical and sufficient service, and it has the financial ability to discharge the proposed indebtedness on a reasonable basis.
ADDITIONAL MATERIALS
To review additional materials regarding metropolitan districts, please visit the city’s website and view the following City Council agenda materials and videos.
• Study Session meeting held on June 22, 2021 - Metro District Discussion
• Regular City Council meeting held on August 17, 2021 - Approving a Revised Model Service Plan
• “Metro District 101” Presentation with Audio (see attachments)
• City’s Website (www.brightonco.gov/1063/Metropolitan-Districts)
STAFF RECOMMENDATION
City Staff is recommending adoption of the resolution approving the service plan for the Swink Metropolitan District and the accompanying intergovernmental agreement as the proposed service plan meets the requirements of Title 32-1-202(2) C.R.S.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has the following four (4) options before it, to:
● Approve the Resolution as drafted;
● Approve the Resolution with changes;
● Deny the Resolution as drafted with findings to justify the denial; or
● Continue the item to a later, specified date.
ATTACHMENTS
● Draft City Council Resolution
● Service Plan with Exhibits (includes IGA)
● Proof of Newspaper Publication
● Additional Website Notice
● Proof of Website Notice
● “Metro District 101” Presentation with Audio
● Draft City Staff Presentation