Department of Community Development
Reference: South Main Redevelopment Subdivision Plan
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, Senior Planner, AICP
Date Prepared: February 29, 2024
INTRODUCTION / PURPOSE
The Subdivision Plan application before the City Council is for an approximately 4.17-acre property, generally located at the northwest corner of S. Main Street and W. Bromley Lane, with a portion to the northeast of S. Main Street and W. Bromley Lane adjacent to Jensen Foods (the “Property”). Jennifer Gray (the “Project Contact”) is working on behalf of the property owner, the Brighton Urban Renewal Authority (the “Applicant”).
The South Main Redevelopment Subdivision Plan (the “Subdivision Plan”) anticipates a commercial development. The Property is zoned under the South Main Redevelopment Planned Development, and as such, will allow a range of land uses included in the C-3 General Retail and Services zone district, with some land uses excluded as prohibited uses.
PROCESSES
Subdivision is the process by which land is divided or combined into parcels appropriate for development. The Land Use & Development Code (the “Code”) requires two steps in the subdivision process. It begins with a subdivision plan, where staff and the Applicant work together to design a conceptual layout of a future subdivision, as well as provide general development obligations of a developer, such as but not limited to the construction of adjacent and internal roadways, dedication and construction of parks and open spaces, and the dedication of water. Subdivision plans require a public process, and as such, require a public hearing before the Planning Commission for the approval of the plan, as well as an additional public hearing before the City Council for the acceptance of all public lands and facilities associated with the plan. The subdivision process will conclude with a final plat. A final plat is an administrative process in which the Applicant will provide 100% construction design, as well as a plat map that establishes the legal boundaries of private lots, parks and public roadways. A final plat will be accompanied by a development agreement that is executed between the City and the developer. A development agreement sets forth a developer’s responsibility to construct the necessary public improvements and facilities to serve the development.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.02.D, Major Subdivision - Subdivision Plan, of the Code, describes the requirements for a Subdivision Plan and states that it shall be reviewed to the following criteria:
a. The application is in accordance with the Comprehensive Plan, and in particular, the physical development patterns, the arrangement of streets, blocks, lots and open spaces, and the public realm design and investments, reflect the principles and concepts of the plan.
b. Compliance with the requirements of this development code, and in particular, the blocks and lots proposed are capable of meeting all development and site design standards under the zoning district.
c. The application includes performance, construction and any maintenance assurances for the design, construction and acceptance of the improvements by the City.
d. Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property, and that the timing, location and construction of amenities is consistent throughout phases.
e. Any impacts identified by specific studies or technical reports, including a review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.
f. The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.
g. The design does not impede the construction of anticipated or planned future public infrastructure within the area.
h. The recommendations of professional staff or any other public entity or review agencies asked to officially review the subdivision plan.
Staff will provide an analysis of the application against the abovementioned review criteria later in this memo.
BACKGROUND
The Property was annexed in the City Core Annexation and is zoned under the South Main Redevelopment Planned Development. The Property was historically used for auto sales, auto vehicle repair, and a gas station. Said uses have since been vacated and demolished. The Property has never been platted, and as such, the Applicant is now seeking acceptance of the Subdivision Plan in order to facilitate future development.
PROPOSED SUBDIVISION PLAN AND DEVELOPER OBLIGATIONS
The Subdivision Plan proposes to build a commercial development, addressing everything from basic needs, such as water and wastewater service, to roadway construction and landscape buffers. Below is a summary of the general development obligations that are required of the Subdivision Plan:
Phasing:
The Subdivision Plan has one (1) phase of development. All of the public improvements included below will be required to be completed prior to the issuance of building permits and/or certificates of occupancy. However, the east side of S. Main Street will require new curb, gutter, and sidewalk simultaneously with the horizonal development of that adjacent future lot. The Subdivision Plan is written this way because the existing curb, gutter, and sidewalk is able to function as is for the time being; however, a developer would need to replace the curb, gutter, and sidewalk when construction begins for the adjacent future lot.
Financial Guarantee:
The Subdivision Plan requires that all public improvements be financially guaranteed, in a form acceptable by the City, at a rate of 115% of the actual cost of construction of the public improvements. A financial guarantee will be required prior to the release of any permits for construction.
Simultaneous Construction of Vertical Structures:
At the request of the Applicant and Project Contact, the Subdivision Plan anticipates and allows two (2) of the four (4) lots to commence vertical construction of their land uses simultaneously with the construction of the public improvements. However, the buildings will not be issued a certificate of occupancy until all of the required public improvements have received initial acceptance from the City and CDOT.
Water and Wastewater:
The Subdivision Plan ensures water dedication and/or fee-in-lieu of water dedication will be provided in accordance with City ordinances in effect at the time the dedication and/or fee in lieu is required. Additionally, the developer will connect to the existing City water and sewer lines that are within adjacent roadways and extend service into the Property. The extension of all water and sewer lines into the site will be paid for and constructed by the developer.
Stormwater:
The Subdivision Plan requires construction of all stormwater infrastructure necessary to serve the development.
Streets:
The Property is bound by three (3) existing roadways: S. Main Street, W. Bromley Lane, and US Highway 85. It is important to note that the portions of W. Bromley Lane and US Highway 85 that front the Property are under the jurisdiction of the Colorado Department of Transportation (“CDOT”).
CDOT has identified that the intersection of S. Main Street and W. Bromley Lane is in need of improvements to create a safer vehicle environment. Therefore, with respect to S. Main Street, the Subdivision Plan requires that a median be constructed within the portion of S. Main Street approaching the intersection with W. Bromley Lane. Furthermore, a median island, commonly referred to as a ‘porkchop’, will be constructed at the intersection of S. Main Street and W. Bromley Lane in order to restrict eastbound turn movements onto W. Bromley Lane. Additionally, another median island will be constructed within W. Bromley Lane adjacent to S. Main Street in order to control northbound turn movements onto S. Main Street and southbound turn movements into the Brighton Ford property from the east along W. Bromley Lane. The abovementioned improvements will ensure that the intersection will function in a safer manner. In relation to sidewalks, any future development of the Property will require the construction of sidewalks along S. Main Street.
The Subdivision Plan requires improvements to W. Bromley Lane on both the east and west side of US Highway 85. The Subdivision Plan requires the reconfiguration and extension of the existing lanes leading to the signalized intersection at US Highway 85 and W. Bromley Lane, on both the east and west sides. Additionally, the Subdivision Plan requires updates to the existing medians on both the east and west sides of the intersection. This will aid in CDOT’s goal of improving the safety of the intersection.
Lastly, multiple improvements to US Highway 85 will be required. The Subdivision Plan requires the extension of the acceleration lane onto US Highway 85 from W. Bromley Lane. This will aid in creating safer merge transitions onto US Highway 85. Additionally, the existing pedestrian crossing island adjacent to the acceleration lane at US Highway 85 and Bromley Lane will be updated to current CDOT standards.
CDOT Right-of-Way Landscape Buffers:
With the Property’s unique geometry, the South Main Redevelopment Planned Development was approved with a stipulation that since not all required landscape buffers could be met internal to the site, the Property would utilize adjacent land owned by CDOT for landscape buffer purposes. That being said, the Subdivision Plan requires that berms with native seed and shrubs be constructed within CDOT’s right-of-way. This requirement is considered a public improvement, and as such, will be required as a condition of building permit issuance and/or issuance of a certificate of occupancy. The Applicant will continue to work with CDOT to ensure the design of the buffer meets State of Colorado requirements.
Open Space Calculations and Fee-In-Lieu:
The Subdivision Plan requires that any fee-in-lieu of open space dedication needed for development of the Property be paid to the City prior to approval of a final plat.
Community Amenities and City Monument Signage:
The Subdivision Plan requires that any and all community amenities, including public landscaping and city monument signage, shall be designed and submitted for review to the City at the time of final plat. The South Main Redevelopment Planned Development includes a stipulation that a developer design and construct a monument sign for the development at the southwest corner of the Property fronting Bromley Lane and US Highway 85. Said monument sign is to include the City’s logo and color. The city monument sign is considered a public improvement by the Subdivision Plan, and as such, will be required prior to the issuance of building permits and/or issuance of a certificate of occupancy.
Permits and Approvals by Outside Agencies:
As mentioned, the Property is bound by three (3) roadways, two (2) of which are under the jurisdiction of CDOT. The Subdivision Plan requires that a developer furnish any and all necessary permits from outside agencies prior to construction. Additionally, S. Main Street contains a Regional Transportation District (“RTD”) designated bus stop. At the time of final plat, and other entitlement applications, a developer will be required to work with RTD in order to design and update the existing bus stop.
Right-of-Way Vacations:
As mentioned above, the Property was formerly occupied by a car sales lot, auto vehicle repair, and a gas station. Some time ago, the uses were vacated and demolished, and S. Main Street was re-routed through the Property. There are portions of City of Brighton right-of-way that still exist within the Property. The Subdivision Plan requires that these portions of right-of-way be vacated in accordance with the Code and will need to be completed prior to the approval and recording of a final plat.
Development Agreement:
A development agreement will accompany a future final plat of the Property. The Subdivision Plan requires that the Applicant or a future developer enter into such an agreement.
STAFF ANALYSIS OF REVIEW CRITERIA (Section 2.02D. of the LUDC)
a. The application is in accordance with the Comprehensive Plan, and in particular, the physical development patterns, the arrangement of streets, blocks, lots and open spaces, and the public realm design and investments, reflect the principles and concepts of the plan.
The future land use portion of Be Brighton Comprehensive Plan (the “Comprehensive Plan”), has designated the Property as Mixed Use Commercial. The Property is zoned to have a mix of commercial uses. By facilitating the future development of the Property, the Subdivision Plan conforms to the abovementioned Comprehensive Plan designations.
The Subdivision Plan meets other policies and strategies of the Comprehensive Plan as well. Within the Opportunity Area Policies Section of Chapter Three, the following Opportunity Area Policies are met through the Subdivision Plan:
Number 3 in Chapter Three strives to encourage reinvestment in the downtown urban center. The Property has been identified as an area of reinvestment by the City, and the proposed Subdivision Plan will facilitate development of the Property. Additionally, the Subdivision Plan requires the multiple upgrades to existing adjacent infrastructure, and as such, will create a safer pedestrian and vehicle environment at one of the gateways to Downtown Brighton.
Number 7 in Chapter Three strives to create a mixed-use environment within the S. Main Street corridor and improve pedestrian and vehicular safety. The Subdivision Plan facilitates development of the Property that will pursue the goal of a mixed-use corridor. Furthermore, the Subdivision Plan requires that the adjacent roadways be upgraded to City and State standards, creating a safer environment for multiple modes of transportation.
Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map Amendment advances a number of these goals:
Policies 1.1, 1.2, 1.3, and 1.4 of the Comprehensive Plan aim to focus development in areas of existing infrastructure investment, establish new municipal infrastructure investments that further the vision and goals of the City, have development pay its own way, and promote the use of infill development. The Property is bound by three (3) existing roadways, and in order to provide a safe vehicle and pedestrian environment, the Subdivision Plan requires upgrades to the existing infrastructure. Furthermore, the upgrades to the existing infrastructure furthers goals of both the Comprehensive Plan and the Transportation Master Plan by requiring infrastructure upgrades that promote safety and by having the financial responsibility of the public improvements fall to the developer. Lastly, the development of the Property promotes the Comprehensive Plan’s vision for infill development. Rather than ‘greenfield’ development, the development of the Property would utilize infrastructure that is already present.
Policy 1.5 of the Comprehensive Plan calls for cooperative interagency and interdepartmental planning efforts. The review of the Subdivision Plan had participation from the City of Brighton Development Review Committee (the “DRC”) and several external agencies, with heavy involvement from CDOT and RTD. The DRC will continue to work with external reviewing agencies on future applications.
Policies 2.1, 2.2, and 2.4 of the Comprehensive Plan aim to provide a balance between residential and non-residential uses, utilize infrastructure investments and the urban service area map to focus urban development, and to concentrate urban development in urban areas. The Subdivision Plan will facilitate the future platting of commercial properties that will provide a diverse range of employment uses, providing for the possibility of reducing the number of residents that travel outside of the City for work. As stated, the development of the Property is considered infill, and as such, provides a sustainable level of development that will utilize existing infrastructure. Lastly, urban development of the Property will be occurring in an already urbanized area.
Policies 4.1, 5.1, and 8.1 strive to encourage development that supports multiple modes of transportation, protect and enhance the economic health of downtown, and encourage redevelopment of strategic areas. As mentioned, the Subdivision Plan promotes new upgrades to existing infrastructure that will provide more transportation options, as well as make existing ones safer. The Subdivision Plan will facilitate more commercial uses within the downtown area, providing for more employment and user options, and facilitate the development of land that has been identified as needing redevelopment.
b. Compliance with the requirements of this development code, and in particular, the blocks and lots proposed are capable of meeting all development and site design standards under the zoning district.
If the Subdivision Plan is approved and accepted by the City, a final plat will be submitted to the DRC for review. The Subdivision Plan has been drafted to conform to the specific zone district that governs the land, and as such, is capable of meeting all development and site design standards under the zone district.
c. The application includes performance, construction and any maintenance assurances for the design, construction and acceptance of the improvements by the City.
The Subdivision Plan requires that all infrastructure be financially guaranteed. Furthermore, it outlines the process for the construction and acceptance of the improvements.
d. Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property, and that the timing, location and construction of amenities is consistent throughout phases.
The phasing of the Subdivision Plan was drafted in such a way that guarantees the appropriate timing of development as it relates to the construction of necessary infrastructure and building permits. The Subdivision Plan only has one (1) phase, and all public improvements will be required to receive construction acceptance prior to the issuance of vertical building permits and/or a certificate of occupancy.
e. Any impacts identified by specific studies or technical reports, including a review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.
All technical reports submitted with the Subdivision Plan were reviewed by the DRC and outside referral agencies. All infrastructure items needed to mitigate the impacts identified by the specific studies are included as general development obligations. Said infrastructure items will ensure long-term solutions that will benefit the residents of the Property and the community as a whole.
f. The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.
The Subdivision Plan requires the construction of new infrastructure, as well as upgrades to existing infrastructure. It does not deter any existing or future development on adjacent properties from meeting the goals and policies of the Comprehensive Plan. In fact, it is possible that some of the new and improved infrastructure may benefit adjacent properties, if and when they submit land use applications to the City for future development or redevelopment.
g. The design does not impede the construction of anticipated or planned future public infrastructure within the area.
As this Subdivision Plan requires the design and construction of existing and future infrastructure, it does not impede the construction of planned future public facilities. As development pays its own way, this Subdivision Plan requires the construction of many needed infrastructure improvements in the area, such as new and improved roadway lanes and medians.
h. The recommendations of professional staff or any other public entity or review agencies asked to officially review the subdivision plan.
As mentioned below, the DRC has reviewed this Subdivision Plan in conjunction with external reviewing agencies. Through said review, it has been determined that the proposal is appropriate.
Development Review Committee:
The DRC has participated in several formal rounds of review as well as countless topic-specific meetings for this Subdivision Plan. The DRC provided guidance to the applicant and worked closely with the applicant to solve these challenging issues. The DRC recommends acceptance of the South Main Redevelopment Subdivision Plan based on the applicable codified criteria. A complete list of comments and the agencies who made them is available upon request.
PUBLIC NOTICE AND COMMENT
Mailings were sent to all property owners within 1000’ of the Property as required by the Code. These mailings were sent on March 4, 2024, and included a letter describing the proposed Subdivision Plan as well as a map of the subject area. Additionally, signs indicating the date and time of the public hearing were posted within the Property and notice was published on the City’s website on the same day. Notice of the hearing was also published on Facebook and Nextdoor, and the Interactive Development Map was updated to include the date, time, and location of the hearing. As of the date of this memorandum, staff has received no formal inquiries concerning this Subdivision Plan.
As required by the Code and prior to formal application submittal, the applicant team conducted a virtual neighborhood meeting on April 13, 2021. Notification of this meeting was sent to all property owners within the applicable mailing radius of the Property. The Applicant and Property Owner had several members of their team available to present their proposal, field any questions, and take feedback from meeting participants. The neighborhood meeting did not have any residents and/or business owners join. As a result, no neighborhood meeting minutes were prepared.
PLANNING COMMISSION DECISION
The Planning Commission unanimously (3-0) approved the Subdivision Plan on February 22, 2024 (see the attached Resolution #24-03).
SUMMARY OF FINDINGS AND CITY STAFF RECOMMENDATION
Staff finds the Subdivision Plan application to be in compliance with the requirements for a Subdivision Plan as described in the LUDC, Section 2.02.D, Major Subdivision - Subdivision Plan. Staff also finds that the Subdivision Plan complies with the Comprehensive Plan. Based upon these findings, City staff recommends acceptance of the South Main Redevelopment Subdivision Plan and has prepared a draft resolution based on these findings.
OPTIONS FOR CONSIDERATION
The City Council has four (4) actions it can take after reviewing this application.
1. Accept the Subdivision Plan;
2. Deny the acceptance of the Subdivision Plan and provide justification for such action;
3. Accept the Subdivision Plan with conditions; or
4. Continue the item to a later, specified date if the City Council feels it needs more information to make an informed decision.
ATTACHMENTS
● Draft City Council Resolution
● Planning Commission Resolution 24-03
● Aerial Map by Staff
● Proposed Subdivision Plan by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Radius
● Affidavit of Sign Posting
● Website Posting Notification
● Website Posting Confirmation
● Draft Staff Presentation