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: October 12, 2015
PURPOSE
The Applicant, Brookfield Residential LLC, is requesting approval of the Brighton Crossing, Filing 2, 3rd Amendment Final Plat and 1st Amendment to the Brighton Crossing Filing 2 Development Agreement.
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. As outlined in Section 17-56 of the Land Use and Development Code, must be reviewed by the City Council at a public hearing and approved by resolution.
BACKGROUND
The Property is generally located on the south side of Baseline Road, north of E. Bridge Street, to the east of S. 50th Avenue.
The Brighton Crossing Filing 2, 3rd Amendment Final Plat will re-plat the existing phases 5-10 of the Brighton Crossing Filing 2:
• From 376 lots to 284 residential lots for Single Family Detached
• Designate 14 Tracts for Open Space, Community Park, Neighborhood Park, Drainage and Landscaping.
The amended Development Agreement associated with the amended Final Plat recognizes Brookfield Residential LLC., as the agent of the owner, which is authorized to undertake the responsibilities for development of the Project.
The Development Agreement (1st Amendment) includes various provisions, including a requirement to construct certain public improvements and to provide a financial guarantee for the design and construction of:
• Improvements to the adjacent S. 50th Avenue, E. Bridge Street and Baseline Road, including the intersection of 50th and Bridge;
The amended Development Agreement includes a provision allowing for phased construction of drainage improvements that has been negotiated with the City Staff at the request of Brookfield Residential.
The amended Development Agreement has been drafted to address the construction and maintenance of certain parks and payment of park development fees and the preparation of an agreement to address those responsibilities. It also addresses requirements associated with providing landscaping and irrigation of certain street medians.
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 Standard Blade, on October 14, 2015 and posted on the Property on October 12, 2015, all for no less than five (5) days prior to the date of the public hearing. No public comments have been received by staff, as of the date of this staff report.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-40-210, Final Subdivision Plat, of the Land Use and Development Code states that a Final Plat shall be reviewed for conformance with the Zoning Ordinance and the Subdivision Regulations.
The Comprehensive Plan, Figure 4: Future Land Use Plan, designates the Property for Medium Density Residential and the plat is in compliance with the Comprehensive Plan
STAFF ANALYSIS
Staff finds that the amended Final Plat Application complies with the Subdivision Regulations found in Section 17-40-210 and with the Bromley Park PUD (Planned Unit Development) and the PUD zone district regulations found in Section 17-16-110 of the Land Use and Development Code. Staff also finds that the amended Final Plat complies with the policies of the Comprehensive Plan, Figure 4: Future Land Use Plan, which designates the Property for Medium Density Residential and the amended Final Plat is in compliance with the Comprehensive Plan. The amended Development Agreement has been reviewed and approved by the City’s Development Review Committee and City Attorney.
Based upon these findings, staff recommends approval of the Final Plat and Development Agreement and recommends approval of the Final Plat (3rd Amendment) and Development Agreement (1st Amendment).
OPTIONS FOR COUNCIL CONSIDERATION
• Approve the resolution.
• Deny the resolution with specific findings of fact to justify the denial.
ATTACHMENTS
• Final Plat
• Draft Resolution approving the Final Plat and Development Agreement
• Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)