File #: ID-80-19    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 3/7/2019 In control: City Council
On agenda: 4/16/2019 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE BRIGHTON CROSSING SUBDIVISION FILING NO. 3, DESCRIBED AS A PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID THIRD AMENDMENT ON BEHALF OF THE CITY
Attachments: 1. CC Resolution-BC, Filing 3, 3rd DA Amendment, 2. Brighton Crossing Filing 3 3rd Amendment DA Final, 3. Brighton Crossing, Filing 3, 7th Amendment Plat CC, 4. Phasing Exhibit-Revised, 5. Brighton Crossing Filing 3, 3rd Amendment DA PP

Department of Community Development

Reference: Brighton Crossing, Filing 3, Third Amendment Development Agreement Amendment

 

To:                                                               Mayor Kenneth J. Kreutzer and Members of City Council

Through:                                          Philip A. Rodriguez, City Manager

                                                               Marv Falconburg, AICP, Assistant City Manager

                                                               Holly Prather, AICP, Community Development Director

Prepared By:                                          Lauren Simmons, AICP, Senior Planner

Date Prepared:                     February 25, 2019

 

PURPOSE
The subject Brighton Crossing, Filing 3, Development Agreement, Third Amendment for Brighton Crossing, Filing 3, 7th Amendment of the plat, (the “Agreement”) is for the 21.58 acre subdivision located on the northwest corner of 50th Avenue and Bridge Street. The applicant for the project is the development company known as SL3 Holdings, LLC. The applicant is seeking approval of a Development Agreement to develop a 21.58 acre parcel for commercial and multi-family residential development. The property was originally platted as Brighton Crossing, Filing 3 in 2003. The purpose of the Development Agreement Amendment is to formalize the public improvements required for the 7th plat amendment.  It should be noted that plat amendments are reviewed and approved administratively by city staff.

 

BACKGROUND

The property is zoned Bromley Park PUD, 2nd Amendment and was platted as Lots 1-6 of Block 17 and Lot 1 of Block 18. The administrative plat has been submitted for review and approval to the City slightly deepening lot depths along 50th and Bridge and includes two additional lots in Block 17.  The general layout and configuration of the lots has not significantly changed. The Development Agreement Amendment addresses the timing and payment of infrastructure needed to construct Lots 1-8 of Block 17 and Lot 1 of Block 18.

 

Surrounding Land Use(s):

 

Current Land Use(s)

Zoning

North

Vacant-Residential

Bromley Park PUD, 20th Amendment

South

Commercial

Bromley Park PUD, 2nd Amendment

East

Commercial

Bromley Park PUD, 5th Amendment

West

Vacant-Residential

Bromley Park PUD, 20th Amendment

 

 

CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM

Comprehensive Plan: 

The Bromley Park Filing 3, 7th Amendment is zoned as the Bromley Park Planned Unit Development (PUD) that designates the area for commercial land uses. This zoning aligns with the designation of Commercial by the City’s Comprehensive Plan, Be Brighton. According to Be Brighton, the City envisions “A range of retail and service types including small businesses and commercial centers” to be located on the property.  The Development Agreement Amendment ensures commercial land use and the associated public and private improvements will be able to be constructed in an orderly and timely manner.

 

Development Review Committee (DRC) Review: 

The Development Review Committee (DRC) and referral agencies, including South Beebe Draw has reviewed the plat, the traffic impact study, drainage and utility studies and recommends that the Development Agreement Amendment be approved.

 

The developer has proposed two phases of development for Brighton Crossing, Filing 3, 7th Amendment.  Please see the attached Development Agreement Amendment for further details on the phasing and timing of public and private improvements.

 

PUBLIC NOTICE AND INQUIRY

As this item is not a public hearing, no notice was published other than that of the general meeting agenda. Planning staff has received no formal comments on the matter as of the date of this report.

 

STAFF RECOMMENDATION

As this request is consistent with the approved Plat Amendment that meets the review criteria for its application found in the Land Use and Development Code, staff recommends approval of the Development Agreement Amendment. A draft Resolution has been provided to the City Council should it decide to proceed with the Development Agreement Amendment as presented. Approval by City Council of this Agreement will allow for Brighton Crossing, Filing 3, 7th Amendment to begin construction of the infrastructure associated with Phase I of the Development.

 

OPTIONS FOR COUNCIL CONSIDERATION

The City Council has four options when reviewing this Development Agreement Amendment:

1)                     To approve the item as presented via resolution;

2)                     To approve the item with changes or conditions via resolution;

3)                     To deny the item; or

4)                     To continue the item to be heard at a later specified date.

 

ATTACHMENTS

•                     Draft Resolution for Approval

•                     Draft Development Agreement Amendment

•                     Brighton Crossing Filing 3, 7th Amendment Plat Amendment

•                     Phasing Exhibit

•                     Draft Staff Presentation