Department of Community Development
Reference: Brighton Crossing Filing No. 8, 1st Amendment Subdivision Plan
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, AICP, Senior Planner
Date Prepared: September 17, 2025
INTRODUCTION / PURPOSE
The subdivision plan application (the “Subdivision Plan” or the “Application”) before the City Council is for an approximately 2.832-acre property (the “Property”), generally located to the north of Crestone Peak Street, east of South 42nd Avenue, south of Bridge Street, and west of Mt. Elbert Street. Sue Sibel with Dewberry is the project contact working on behalf of the Property owner and applicant, Brookfield Residential LLC (the “Applicant”).
The Brighton Crossing Filing No. 8, 1st Amendment Subdivision Plan envisions fee-simple residential development. The proposal also includes minor improvements to adjacent roadways, along with connections to water and sewer infrastructure.
PROCESSES
Platting is necessary as it results in the creation of lots and/or tracts for future use(s), and results in the creation of easements and rights-of-way for streets within a proposed subdivision. Platting is the third step in the land development process with the City (Annexation > Rezoning > Platting - Subdivision Plan > Platting - Final Plat > Permits). 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. The Subdivision Plan was submitted in June 2024. Subdivision plans submitted before the Code change in November 2024 follow the previous process. This includes a public hearing with the Planning Commission to approve the subdivision plan, followed by a public hearing with the City Council for the acceptance of public improvements. The subdivision process concludes with a final plat. A final plat is an administrative process in which the applicant provides the final construction design and a plat map that establishes the legal boundaries of private lots, open space, and roadways.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.02(D)(1) 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.
BACKGROUND
The Property was annexed in 1986 as part of the Bromley Park Annexation and was originally zoned for Multi-Family. In 2024, it was platted as a tract under the Brighton Crossing Filing No. 8 Administrative Plat. In 2025, the Property was rezoned to Single Family Detached under the Bromley Park PUD 31st Amendment.
Surrounding Land Use(s):
PROPOSED SUBDIVISION PLAN AND DEVELOPER OBLIGATIONS
The Subdivision Plan proposes the expansion of existing residential development. Below is a summary of the general development obligations required by the Subdivision Plan:
Water and Wastewater:
The Subdivision Plan ensures that water dedication requirements will be met to serve the development. Under the Bromley Park Annexation Agreement, the development is eligible to pay fee-in-lieu of water dedication. To address water and wastewater needs, the developer will connect to the existing water and sewer lines located in Crestone Peak Street and extend services for the development.
Stormwater:
In the ultimate condition, the Property will drain to existing ponds in other phases of Brighton Crossings. All flows will surface drain to the roadways and will travel to the ponds via existing (or newly installed) infrastructure.
Streets:
There are three (3) existing public roadways adjacent to the Property: East Bridge Street, South 42nd Avenue, and Crestone Peak Street. Since these roadways were primarily constructed during previous phases of Brighton Crossings, the Developer will only need to make minor improvements to complete them. Under the Subdivision Plan, the Developer will be required to dedicate right-of-way along both Bridge Street and South 42nd Avenue. Additionally, the Developer will be required to expand a portion of the east side of South 42nd Avenue to accommodate intersection improvements associated with the Bridge Street Widening Project. The Subdivision Plan also ensures that all sidewalks adjacent to the Property are completed, including 6-foot sidewalks on the east side of South 42nd Avenue and the north side of Crestone Peak Street.
Parks and Open Space:
Although the Developer has already satisfied the Parks and Open Space dedication requirement within Bromley Park, the Subdivision Plan includes 1.44 acres of landscape tracts which will serve as open space and buffering for homes adjacent to Bridge Street.
School Land Dedication and Capital Facility Fee Foundation:
Although the Developer has satisfied the fee-in-lieu of land dedication to School District 27J (the "School District"), the Applicant must still enter into a participant agreement with both the School District and the Capital Facility Fee Foundation (the "Foundation"). This agreement will require any future builder of the Property to contribute funds to the Foundation with each residential building permit. Proof of such contributions must be provided to the City as a condition for the issuance of the residential building permit.
STAFF ANALYSIS OF THE APPLICATION
Land Use & Development Code:
Below, Staff analyzes how the Application meets and/or exceeds the criteria in Section 2.02(D)(1):
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, the Comprehensive Plan designates the Property as High Density Residential. This designation is intended to provide Multi-Family housing near transit corridors. While the site does not meet the anticipated density outlined in the future land use designation, several important factors should be considered. From 1997 to 2024, the Property had been zoned for Multi-Family as part of a larger, 67-acre area. Over time, as development occurred, various parcels were subdivided and rezoned. The subject Property remained the only parcel still carrying the original multi-family zoning. When the Comprehensive Plan was adopted in 2016, the High-Density Residential land use designation for this site was based on its zoning at that time. However, the Plan did not account for the reduction in the Property’s size resulting from the subdivision of adjacent land which significantly limited the site’s capacity to support high-density development as originally envisioned. In 2024, the Property was formally downzoned to Single Family Detached through a Minor Amendment, as permitted by the Bromley Park Land Use Regulations. At 3.4 acres (including the three previously platted lots), and with access limited to local roadways, the site is not well suited for high-density development. The proposed Subdivision Plan is consistent with the current Single Family Detached zoning and reflects the character of the surrounding area. Additionally, the Subdivision Plan supports other policies and strategies outlined in the Comprehensive Plan. Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the proposed Subdivision Plan advances a number of these policies:
- Policies 1.1, 1.2, and 1.3 of the Comprehensive Plan focus on directing development to areas with existing infrastructure, fostering new municipal infrastructure investments that support the City's long-term vision, and ensuring that development pays its own way. The Property is located in an area that is already served by existing infrastructure and is positioned along a Minor Arterial roadway, with close proximity to Water Tower Park and other nearby amenities. The proposed Subdivision Plan will help fill in remaining infrastructure gaps by completing missing pedestrian connections, dedicating all necessary right-of-way, and ensuring that roadway infrastructure is fully constructed. Given the City’s prior investment in this area, it is important that surrounding vacant parcels are developed in a way that supports and benefits from existing public amenities.
- Policy 6.1 of the Comprehensive Plan emphasizes the importance of creating inviting and safe streetscapes that are pedestrian and bike friendly. Currently, there are gaps and missing sidewalk connections. The proposed Subdivision Plan will address these by ensuring complete pedestrian connectivity from the north side of Crestone Peak Street to the trail along Bridge Street.
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.
The Subdivision Plan complies with the lot specifications outlined in the Bromley Park Land Use Regulations. In addition, the Subdivision Plan addresses utility placement, pedestrian connectivity, and the overall site layout. If accepted, a final plat will be submitted to the Development Review Committee (DRC) to ensure that all construction standards are met before the site can develop.
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 describes the rights-of-way to be dedicated to the City and maintenance of open space by the existing Metro District. 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 Subdivision Plan identifies a single phase of development. All public infrastructure will need to be completed and accepted by the City prior to the issuance of vertical building permits.
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. All infrastructure items needed to mitigate the impacts identified in the specific studies are included in the Subdivision Plan and primarily involve building upon existing infrastructure.
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 meets the goals and policies of the Comprehensive Plan and allows for adjacent properties to meet those goals as well.
g. The design does not impede the construction of anticipated or planned future public infrastructure within the area.
Much of the adjacent infrastructure is already in place, and as a result, the Property functions more like an infill development site with minimal impact on the surrounding area or existing systems. The Subdivision Plan is designed to integrate seamlessly with nearby development and connect to current infrastructure.
h. The recommendations of professional staff or any other public entity or review agencies asked to officially review the subdivision plan.
The DRC has thoroughly reviewed this Subdivision Plan in collaboration with relevant external review agencies. Based on the DRC’s assessments, it has been determined that the Application is appropriate and aligns with the City’s objectives and requirements. All necessary recommendations and feedback from the reviewing agencies have been incorporated into the Subdivision Plan.
Development Review Committee:
The DRC recommends acceptance of the Brighton Crossing Filing No. 8, 1st Amendment 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 1,000’ of the proposed subdivision as required by the Code. These mailings were sent on September 9th, 2025, and included a letter describing the proposed Subdivision Plan as well as a map of the subject area. Additionally, three (3) public hearing signs were posted September 10th, 2025, on the Property. Lastly, a notice was published on the City of Brighton website on September 8th, 2025, and posted on Facebook and NextDoor. As of the date of this report, staff has not received any formal comment from the public.
As required by the Code and prior to Application submittal, the Applicant team conducted a neighborhood meeting on December 13, 2023, and provided minutes of the meeting. These minutes were included as part of the Application and adhere to the requirements set forth in Section 2.01.D.
PLANNING COMMISSION DECISION
This Application was submitted prior to the adoption of the Code Amendments that changed the process for subdivision plan approval, meaning the Planning Commission is the approving body for this application.
The Planning Commission unanimously approved the Subdivision Plan on September 25, 2025 (see the attached Resolution #25-10).
SUMMARY OF FINDINGS AND CITY STAFF RECOMMENDATION
Staff finds the Subdivision Plan complies with the requirements for a subdivision plan as described in Section 2.02(D)(1) of the Land Use & Development Code. Based upon these findings, City staff recommends acceptance of the Brighton Crossing Filing No. 8, 1st Amendment Subdivision Plan and has prepared a draft resolution based on these findings.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four (4) actions it can take after reviewing this application.
1. Approve the resolution accepting the Subdivision Plan;
2. Deny the resolution accepting the Subdivision Plan and provide justification for such action;
3. Approve the resolution accepting the Subdivision Plan with modifications to the resolution; 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 25-10
• Aerial Map by Staff
• Proposed Subdivision Plan by Applicant
• Neighboring Property Owner Notification and Website Posting
• Buffer Map of Mailing Radius
• Affidavit of Sign Posting
• Website Posting Confirmation
• Draft Staff Presentation