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Department of Community Development
Reference: Brighton Crossing Filing No. 2, 4th Amendment
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst - Acting City Manager
Marv Falconburg, AICP - Assistant City Manager of Development
Holly Prather, AICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: August 2, 2017
PURPOSE
The applicant, Bryan Reid, on behalf of the owner, Brookfield Residential LLC, is requesting approval of the Brighton Crossing Filing No. 2, 4th Amendment Final Plat and the accompanying 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.
BACKGROUND
The Brighton Crossing Filing No. 2, 4th Amendment is generally located at the southeast corner of 50th Avenue and Baseline Road. This project is proposing the addition of 10 residential lots to the Brighton Crossing Filing No. 2 subdivision, totaling about 2.93 acres in size (the “Property”). The final plat is generally the third step in the development process that is as follows:
Annexation > Zoning > Platting (Preliminary and then Final) > Building Permits
At this stage, the property has been annexed into the City and given a zoning designation, which generally lays out the allowed land uses for the property. During the final plat portion of the platting stage, the applicant will propose property lines, which are approved or denied by the City Council when they review the final plat. Also during the final plat stage, the City of Brighton enters into an agreement (the “Development Agreement”) with the applicant on how and when public infrastructure will be constructed.
The Property was part of the larger piece of land annexed to the City as the Bromley Park Annexation in June of 1985. In December of 1986, the land was zoned as part of the Bromley Park PUD. Over the past fifteen years, Brighton Crossing Filing No. 2 has built out, both with single-family homes and with the commercial uses on the northeast corner of Bridge Street and 50th Avenue.
In 2016, Bryan Reid, the applicant for this project submitted a subdivision replat application for the project to add 10 residential lots. Since that time, Mr. Reid and his team have been working with the City’s Development Review Committee (DRC) to attain a set of development documents, including a revised final plat, that comply with the Municipal Code (Code).
The Development Agreement associated with this revised Final Plat sets forth the Developer’s responsibilities regarding the construction and maintenance of various improvements within the Development. For this Development, most of the major infrastructure has already been approved, so this 4th Amendment does not require any new infrastructure construction. However, in order to assure that there is clarity as to the responsibilities of the for various tracts throughout Brighton Crossing Filing No. 2, part of this Agreement, as found in Exhibit G, outlines those maintenance responsibilities.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-40-210, Final Subdivision Plat, of the Municipal Code states that a Final Plat shall be reviewed for conformance with the Zoning Ordinance and the Subdivision Regulations. In this instance, the zoning would be the Bromley Park PUD.
STAFF ANALYSIS
Staff finds that the Final Plat application complies with the subdivision regulations found in Section 17-40-210 and with the Bromley Park PUD zone district regulations. The Development Agreement has also been reviewed and approved by the City’s Development Review Committee (DRC) and City Attorney.
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 Blade and on the City of Brighton website, and posted on the Property; all for no less than five (5) days prior to the date of the public hearing. Also, in accordance with Section 24-65.5-101 et. seq., all mineral rights owners were notified of the public hearing regarding the surface development of the Property. No public comments have been received by staff, as of the date of this staff report.
STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 17-40-210 of the Municipal Code, and therefore recommends approval of this Final Plat application. Based on staff’s recommendation, a draft resolution approving the Final Plat and Development Agreement has been provided.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has three (3) choices it can make after reviewing this application. The Council may: (1) approve the Final Plat and Development Agreement, (2) approved the Final Plat and Development Agreement with conditions, or (3) deny the Final Plat and Development Agreement.
ATTACHMENTS
§ Final Plat
§ Vicinity Map
§ Final Plat and Development Agreement Resolution
§ Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)