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Department of Community Development
Reference: Brighton Commons Final Plat and Development Agreement
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst - Acting City Manager
Marv Falconburg, AICP - Assistant City Manager of Development
Holly Prather, AICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: June 15, 2017
PURPOSE
The applicant, CWC Consulting Group, on behalf of the owner, Stratus Brighton Commons, LLC is requesting approval of the Brighton Commons Final Plat. In accordance with the Municipal Code, Section 17-40-210, Final Subdivision Plat, a Final Plat application shall be presented to the City Council, at a public hearing, along with a resolution approving, approving with conditions, or denying the Final Plat application.
BACKGROUND
The Brighton Commons subdivision is generally located on the southeast corner of 50th Avenue and Bridge Street and would create four (4) platted lots varying in size, for a total of 8.5 acres (the “Property”). The Final Plat also includes right-of-way dedications for 50th Avenue and Bridge Street so that they can be improved and easements for access and utilities. The final plat is generally the third step in the development process that is as follows:
Annexation > Zoning > Platting (Preliminary and then Final) > Site Plan > Building Permits
At this stage, the property has been annexed into the City and given a zoning designation of Planned Unit Development (PUD), which generally lays out the allowed land-use for the property. During the final plat portion of the platting stage, the applicant has not necessarily decided how exactly the land will be developed. The final plat stage of the development process proposes property lines and any necessary easements, and dedicates any land for right-of-way or other public purposes, which is then reviewed and approved or denied by the City Council. Also during the final plat stage, the City of Brighton enters into a Development Agreement with the applicant regarding how and when the public infrastructure will be constructed.
The Development Agreement associated with the Brighton Commons development sets forth the Developer’s responsibilities regarding the construction and maintenance of various improvements within the Development, including improvements to 50th Avenue and Bridge Street, internal infrastructure maintenance, and an off-site sidewalk connection that was previously addressed in the PUD.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-40-210, Final Subdivision Plat, of the Municipal Code states that a Final Plat shall be reviewed for conformance with the Zoning Ordinance and the Subdivision Regulations.
STAFF ANALYSIS
Staff finds that the Final Plat Application complies with the subdivision regulations found in Section 17-40-210 and with the Brighton Commons PUD regulations found in Section 17-16-70 of the Municipal Code. The Development Agreement has also been reviewed and approved by the city’s Development Review Committee (DRC) and City Attorney.
PUBLIC NOTICE
Though the Municipal Code only requires public notice for a Final Plat be mailed to adjacent property owners at least five (5) days prior to the public hearing, notice of the public hearing was also published in the Brighton Blade, and posted on the Property; all for no less than five (5) days prior to the date of the public hearing. Also, in accordance with Section 24-65.5-101 et. seq., all mineral rights owners were notified of the public hearing regarding the surface development of the Property. No public comments have been received by staff, as of the date of this staff report.
STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 17-40-210 of the Municipal Code, and therefore recommends approval of this Final Plat application and the accompanying Development Agreement. Based on staff’s recommendation, a draft resolution approving the Final Plat and Development Agreement has been attached.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has three (3) choices it can make after reviewing this application. The Council may: (1) approve the Final Plat and Development Agreement, (2) approve the Final Plat and Development Agreement with conditions, or (3) deny the Final Plat and Development Agreement.
ATTACHMENTS
§ Final Plat
§ Vicinity Map
§ Final Plat and Development Agreement Resolution
§ Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)