Department of Community Development
Reference: Brighton Charter High School Subdivision Development Agreement Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Marv Falconburg, AICP, Deputy City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Nick Di Mario, Associate Planner
Date Prepared: October 3, 2022
PURPOSE
The Development Agreement Amendment (the “Amendment”) before the City Council is for an approximately 13.429-acre property known as the Final Plat of Brighton Charter High School. The property is generally located to the north of Southern Street, west of Telluride Street, east of the Burlington Lateral Ditch, and south of an undeveloped parcel (the “Property”). Brighton Charter High School Building Corporation (the “Owner”) is working with JVA, Inc. (the “Applicant”) to construct an athletic field for school use on the southeastern corner of the Property. The proposed area is currently encumbered by a public drainage and utility easement, as required by the Brighton Charter High School Development Agreement (the “Agreement”). In order to legally construct an athletic field, the Applicant is requesting an amendment to the Agreement to modify the location of the easement.
If the Amendment is approved, the Applicant may then proceed to construct the athletic field, while existing City infrastructure remains protected by an easement.
STRATEGIC FOCUS AREA
● Recognizable and Well-Planned Community
BACKGROUND
The Property is currently zoned PL (Public Land) and the Applicant has submitted for a Development Agreement Amendment with the City. As required by the Agreement, the final plat, recorded July 25, 2007 (the “Plat”), shows a public drainage and utility easement encumbering the portion of Property the Applicant would like to develop for an athletic field. Additionally, the Agreement requires that any amendments be done in writing and executed with the same formality as the original Agreement. Due to existing City infrastructure within the encumbered portion of the Property, and the presence of some utilities owned and operated by United Power, the Applicant has also submitted an application to modify the existing public drainage and utility easement to protect this infrastructure (the “Modification”), if the City Council passes the Amendment. The Amendment before the City Council would amend Sections 3(a) and 3(c) of Exhibit G of the Agreement to no longer require the need for the ‘easternmost detention pond’ and the necessary easement that was dedicated with the Plat. The Amendment does, however, maintain the requirement for the ‘westernmost detention pond’ to remain and the need for a permanent easement to be located along Southern Street and Telluride Street. As mentioned, the permanent easement would be established via the Modification. Additionally, all other terms not modified by the Amendment shall remain in full force and effect, and cost of the recording of the Modification and Amendment shall be the responsibility of the Owner.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Development Agreement:
When reviewing this Amendment, the City Council should consider whether the proposed Amendment is reasonable and is in the best interest of the City.
Development Review Committee (DRC) Review:
The DRC and referral agencies have reviewed the Amendment in conjunction with the approved Master Drainage Plan. The City has retained an engineering consultant to analyze the existing and future drainage patterns that would drain to the easternmost detention pond. This analysis has demonstrated that the easternmost detention pond is no longer needed for regional storm drainage purposes.
STAFF ANALYSIS
As set forth in the above section, the easternmost detention pond, and its respective easement, is no longer necessary. Additionally, if the Amendment were to pass, the Owner shall modify the easement in such a way that protects existing City storm infrastructure and external agency utility lines. The Owner shall be responsible for the design, construction, and all costs associated with the installation of the storm drainage pipes and easement dedication described above. The City will maintain the public storm system once installed and accepted.
STAFF RECOMMENDATION
City staff finds that the Amendment is in line with City codes, plans, and policies and therefore recommends approval via Resolution. The Development Review Committee, Owners, and Applicant agree with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Development Agreement Amendment. City Council may:
1.) Approve the Development Agreement Amendment via Resolution as drafted;
2.) Approve a modified Development Agreement Amendment via Resolution;
3.) Deny the Resolution with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria.
ATTACHMENTS
● Draft Resolution for Approval of the Development Agreement Amendment
● Draft Development Agreement Amendment
● Final Plat of Brighton Charter High School
● Aerial Map by City Staff
● Draft City Staff Presentation