Department of Community Development
Reference: Mountain View Estates Metropolitan District Nos. 1 & 2 Service Plan
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, AICP, Senior Planner
Date Prepared: July 22, 2025
PURPOSE
Pursuant to Article 1, Title 32, Colorado Revised Statutes, as amended, the City of Brighton has the authority to approve service plans for special districts (also known as metropolitan or simply metro districts) that are organized within the City’s boundaries. City Council now has before it a proposal for a service plan (the “Service Plan”) for two new metropolitan districts known as the Mountain View Estates Metropolitan District No. 1 (“District No. 1”) and Mountain View Estates Metropolitan District No. 2 (“District No. 2”) (together, the “District” or “Districts”). The proposed Districts intent is to include the property known as the Mountain View Estates Subdivision Filings 1 and 2, located north of Bridge Street, east of the Brighton Lateral Ditch, west of Telluride Street and the Adams County subdivision of Brighton East Horizons, and south of Baseline Road (the “Property”).
Service Plans are accompanied by an Intergovernmental Agreement (“IGA”) that outlines additional details and requirements. These items are typically beyond what is required per state statue and are deemed necessary by the City and/or the District in connection with the development of the project and the financing of public improvements.
BACKGROUND
The applicant, owner and District’s organizer is Eric Eckberg of CW-Bluesky, LLC (the “Applicant”), and their team is additionally comprised of legal counsel from the Law Offices of Michael E. Davis, LLC, and land use and engineering professionals from Redland. The Applicant’s Financial Plan was formed by Piper Sandler & Co. City staff has reviewed the proposal in conjunction with Butler Snow LLP, the City’s outside counsel for Metropolitan Districts, and Hilltop Securities Inc., the City’s outside reviewer for financial service plans.
The proposed District’s initial boundaries encompass Tracts BB and Tract F of the Property, for a total of 1.874 acres of land. The Service Plan allows for the inclusion of more land into the District, the details of which can be found later in this memo. The Property was platted in 2013 and was most recently zoned for a single family residential neighborhood with parks, open spaces and a school site under the Mountain View Estates Planned Development. Since being platted in 2013, the civil construction documents associated with the Property have expired. As such, updated civil construction documents are currently under review with City staff. The Property was platted and zoned for a residential neighborhood with a system of trails, parks and open spaces.
The Applicant is seeking the formation of the District to assist in the funding of needed improvements to serve the Property, such as roadway and access improvements, extension of water and sewer services, the creation of stormwater and drainage facilities and the construction of parks, open spaces ,and landscaped areas.
Approval by the City Council is the first of several steps that new districts organized within the City limits of Brighton must complete before becoming a legal entity. However, this current step is the City’s only review prior to the formation of the District. The City Council will only see the Service Plan again if there is a proposal for a substantive amendment or as outlined under any special conditions in the Service Plan or accompanying IGA.
The City provides a template for metropolitan district service plans that the City may review, approve and/or amend (the “Model Service Plan”). The last approved Model Service Plan was approved by City Council in August 2021. The Model Service Plan includes a cap on mill levies, the requirement to have and hold the District meetings in Brighton, an annual audit and recordation of notification, full build-out of minor and major arterials within district boundaries and memorialization of the notices that detail inclusions boundaries and estimated property taxes. The submitted Service Plan uses the adopted Model Service Plan as a template and contains all of the required items.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Per the Special District Act, Article 1, Title 32 of the Colorado Revised Statutes, service plans must include the following items:
● Description of services,
● Financial information,
● Preliminary engineering or architectural survey showing how the services, are to be provided,
● Map of boundaries,
● Estimated population at build-out,
● Estimated assessed valuation at build-out,
● General description of facilities to be constructed,
● Estimated costs of land acquisition, engineering, legal and administrative costs, and costs related to the organization and initial operation of the district,
● Description and form of any proposed Intergovernmental Agreements (IGAs), and
● Other information set by State Statutes or required by the approving jurisdiction(s).
STAFF ANALYSIS / SUMMARY OF FINDINGS
City staff has reviewed the Service Plan and IGA along with Butler Snow, LLP and Hilltop Securities, Inc. Butler Snow offers specialization in metro district formation and Hilltop offers experience in metro district financial review.
Service Plan:
The submitted Service Plan addresses all items required by state statute to be included in service plans. Specifically, mill levy caps, audit, reporting, meeting location, and notification requirements are outlined according to the Model Service Plan. The Service Plan authorizes the creation of two districts. The initial boundaries for District No. 1 include approximately 0.059 acres located at Tract BB of the Property. The initial boundaries for District No. 2 include approximately 1.815 acres located at Tract F of the Property. The Service Plan authorizes up to approximately 167 acres of land within the Property to be included into the Districts. It anticipated that the boundaries of District No. 1 and District No. 2 will be expanded over time to include property within the inclusion area within their respective boundaries. No piece of property will be included within the boundaries of both Districts, unless such overlap is consented to by the City Council.
As discussed at the May 13, 2025 study session, the Service Plan includes an updated definition of Mill Levy Adjustment. Due to new State legislation concerning residential assessment rates, and the expectation of future legislation impacting residential assessment rates, City staff felt it was necessary to update the beforementioned definition. City Council agreed with the proposed direction from City staff and their consultants and as such, this Service Plan is the first proposed with the updated definition. A link to a video recording of the May 13, 2025 study session can be found later in this memo.
With 410 single family detached and attached lots, the population at build-out is estimated by the Applicant to be approximately 1,435 people. Note: There are no commercial units proposed to be developed within the District boundaries.
The Financial Plan (Exhibit D) to the Service Plan outlines that the District will need to spend approximately $55,538,884 for the installation of infrastructure and will need the borrowing authority of $40,198,000. The maximum debt authorization in the aggregate principal amount will equal $40,198,000.
Included in the improvements to the Property and the surrounding area are new streets, including the construction of the arterial and collector roadways of Telluride Street (to be renamed N. Lookout Avenue), Baseline Road and Longs Peak Street, and all local roads and alley ways. It also details the requirement to construct all on- and off-site water, sewer, storm water, and drainage infrastructure, landscaped areas, parks open space and trail improvements.
The City’s consultants have reviewed the infrastructure cost estimates and finds them acceptable. See Exhibit E of the Service Plan for further detail. The DRC is satisfied with the ability of the infrastructure items to be constructed to serve the Property and the maintenance responsibilities as outlined. As mentioned, the City’s consultants for metropolitan districts have reviewed all documents submitted as part of the application as well.
In regard to additional notification for new or potential property owners within the boundaries of the District relating to district taxes, the Applicant has included recently used additional language for the IGA and Service Plan. At the time of the District’s organization, and as the mill levies are amended, the additional notice (Exhibit B of the IGA) will be recorded and included in the title work of the property. The additional notice will provide a summary of the taxes levied on a property with an estimated value for review.
City staff finds that in the area of the proposed District there is sufficient existing and projected need for organized service, the existing service is inadequate for present and projected needs, the proposed District is capable of providing economical and sufficient service, and it has the financial ability to discharge the proposed indebtedness on a reasonable basis.
IGA:
The IGA outlines a variety of covenants, none of which are out of the ordinary for an intergovernmental agreement. The covenants include, but are not limited to, the maintenance and construction of certain public improvements, notice to property owners, enforcement of and amendments to the IGA, and successors and assigns. One covenant of a more specific nature discusses the requirement to design and construct neighborhood park improvements to City-owned properties. Both filings within the Property contain City-owned properties for the use of parks. The IGA outlines the requirement to construct the necessary drainage, landscaping and park improvements to said properties.
The IGA does not grant the District the power of eminent domain.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published in the July 10, 2025 edition of The Brighton Standard Blade by the Applicant as directed by state statute for Metro District Service Plans. As of the date of this report, City staff has not received any public comment on the matter. Though not required, notice of the hearing was posted on the City website on August 4, 2025. The notice was also posted on various social media sites.
STAFF ANALYSIS
City staff and the City’s outside reviewers have reviewed the Financial Service Plan for the Mountain View Estates Metropolitan District Nos. 1 & 2 and found that it meets the requirements of Title 32-1-202(2) C.R.S. and the City’s Model Service Plan.
A draft resolution that approves the Service Plan and IGA has been included in the agenda packet for the City Council’s consideration.
ADDITIONAL MATERIALS
To review additional materials regarding metropolitan districts, please visit the city’s website and view the following City Council agenda materials and videos.
• City’s Website
o www.brightonco.gov/1063/Metropolitan-Districts <http://www.brightonco.gov/1063/Metropolitan-Districts>
• May 13th Study Session
o <https://brightonco.granicus.com/ViewPublisher.php?view_id=2>
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has the following four (4) options before it, to:
● Approve the Resolution as drafted;
● Approve the Resolution with modifications;
● Deny the Resolution as drafted with findings to justify the denial; or
● Continue the item to a later, specified date.
ATTACHMENTS
● Draft City Council Resolution
● Aerial by City Staff
● Service Plan with Exhibits (includes IGA)
● Proof of Newspaper Publication
● Website Notification
● Draft City Staff Presentation