Department of Community Development
Reference: Bromley Farms Subdivision Plan
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, Senior Planner, AICP
Date Prepared: February 1, 2023
INTRODUCTION / PURPOSE
The Subdivision Plan application before the City Council is for an approximately 137.41 acre property, generally located south of Bromley Lane, east of Chambers Road, west of the Brighton Oasis Family Aquatic Park, and north of the Indigo Trails Subdivision (the “Property”). Phil Stuepfert with HR Green is the project contact (the “Project Contact”) working on behalf of the Property applicant and owner, Gail M Hartley Non-Exempt Marital Trust (the “Applicant”).
The Bromley Farms Subdivision Plan (the “Subdivision Plan”) anticipates a residential development with varying residential product types and densities, as well as parks and open spaces. Residential use categories will range from R-3 Multiple Family Residential (16.20 acres), R-1A Single and Two Family Residential (39.44 acres), and R-1B City Neighborhood Residential (39.18 acres). The proposal includes the build out of adjacent and internal roadways, the construction of water, sewer, and stormwater infrastructure, the dedication of water, the designation of parks and open spaces, and the construction of an extensive trail system.
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 with the Planning Commission for the approval of the plan, as well as an additional public hearing with City Council for the acceptance of public lands and facilities included in the plan. The subdivision process will conclude with a final plat. A final plat is an administrative process where the Applicant will provide 100% construction design, as well as a plat map that establishes the legal boundaries of private lots, parks and open spaces, and public roadways. A final plat will be accompanied by a development agreement that is executed by the City and a 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 above mentioned review criteria later in this memo.
The Property was annexed as part of the Hishinuma Annexation in 2001. The Property is zoned a mix of R-1-A Single and Two Family Residential, R-1-B City Neighborhood Residential, R-3 Multiple Family Residential, and O Open Space. These zone districts allow for a mix of multi-family residential, single family residential, and parks and open spaces. The Property was previously platted into large tracts not meant for final development and as such, the Applicant is now seeking the acceptance of the Subdivision Plan.
PROPOSED SUBDIVISION PLAN AND DEVELOPER OBLIGATIONS
The Subdivision Plan proposes to build a residential development, addressing everything from basic needs, such as water and wastewater service, to quality-of-life amenities, such as parks, open space, and trails. Below is a summary of the general development obligations that are required of the Subdivision Plan:
Phasing:
The Subdivision Plan is separated into four (4) phases of development. All phases include general development obligations, such as the dedication and construction of roadways, water and sewer lines, storm drainage infrastructure, and parks and open spaces. All of these development obligations shall be designed, constructed, and subsequently accepted by the City prior to construction moving onto the next phase. The phasing of the applicable improvements shall occur sequentially, and no vertical building permits will be issued for a phase until all development obligations have been completed.
Water and Wastewater:
The Subdivision Plan ensures that water shares will be dedicated to the City to serve the development prior to the approval of any future final plat(s). 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 with each phase of development. This includes an on-site stormwater detention facility as well as a regional stormwater outfall from Chambers Road to Sable Boulevard / South 4th Avenue. Both are required with the first phase of development. Additionally, the Subdivision Plan requires the construction of stormwater infrastructure that will connect the pond at the Brighton Oasis Family Aquatic Park to the on-site stormwater detention facility.
Streets:
There are two (2) existing roadways adjacent to the Property, those being Bromley Lane and Chambers Road. The Subdivision Plan requires the design and construction of these adjacent roadways. Bromley Lane will be constructed to its ultimate design as a major arterial roadway, and Chambers Road will be constructed to its ultimate design as a collector and local roadway. Both roadways will be designed and constructed in accordance with the City of Brighton Transportation Master Plan. With respect to Chambers Road, the Transportation Master Plan designates Chambers Road as a collector roadway up to its future intersection with South 8th Avenue. The remainder of the roadway going north will be built to local roadway standards. Additionally, the Subdivision Plan requires the design and construction of all local roadways internal to the Property, as well as the design and construction of Kite Street and South 15th Avenue, two collector roadways designated by the Transportation Master Plan, that intersect the Property.
The Applicant has also agreed to design and construct portions of Bromley Lane and Chambers Road that are not adjacent to the Property. The cost of the construction of said portions of roadways are eligible for reimbursement from the City. This will be discussed further in this staff report.
Traffic Signal Requirements:
The Subdivision Plan requires the developer to design and construct a traffic signal at the intersection of South 15th Avenue and Bromley Lane. Additionally, a future developer would be responsible for 50% of the actual cost of the design and construction of said traffic signal, with the possibility of reimbursement for the remaining cost at a later date. The design and construction of the signal will be required prior to the issuance of building permits for Phase 4 of the Subdivision Plan; however, if the City determines that the traffic signal is warranted prior to Phase 4, the City may call on this requirement before Phase 4 of the Subdivision Plan.
Parks, Open Space, and Trails:
The City may require that land be dedicated for parks or accept a fee in lieu of land dedication. With each final plat, staff will evaluate the amount of parks and open space land required and compare that to the amount dedicated. If there is a deficit in the amount of land dedicated, payment of a fee-in-lieu will be required prior to the recording of a final plat. Parks and open spaces are considered public improvements, and as such, shall be dedicated and constructed prior to the approval of building permits for a particular phase. Any dedicated park acreage within the Property will be required to be deed restricted to only allow parks.
In this instance, the Subdivision Plan requires the design and construction of multiple parks within Phases 2, 3 and 4 of the Subdivision Plan. The area zoned R-3 within the Subdivision Plan is subject to a future site plan. As staff and the Applicant do not know the exact number of units within this future site plan, park dedication and/or fee in lieu of land dedication will be determined at a later date. At such time, staff will determine the required acreage dedication or fee in lieu of land dedication in accordance with the Code.
In relation to trails, the Subdivision Plan requires the design and construction of 10’ wide concrete trails adjacent to Bromley Lane, Chambers Road, and the Fulton Ditch. Additionally, the Subdivision Plan requires the construction of two off-site trail connections. One will connect a pedestrian gap from the Property to the Brighton Oasis Family Aquatic Park, and the other will connect a pedestrian gap from the Property to the terminus of Trefoil Way within the Indigo Trails Subdivision. The trail connection to the Brighton Oasis Family Aquatic Park will be reimbursed for using the fee in lieu of land dedication mentioned below.
As mentioned, the Subdivision Plan will be required to dedicate additional open space to the City. The Applicant has agreed to design and construct 5’ wide soft trails within the designated open spaces, as well as provide a soft dog park with fencing. Additionally, the Subdivision Plan includes a provision that the construction of the soft trails and dog park within the dedicated open spaces will be subject to reimbursement from the City. Said reimbursement will come from any fee in lieu of land dedication collected from development within the Property; however, the amount of reimbursement shall not exceed the amount of fee in lieu collected.
School Land Dedication and Capital Facility Fee Foundation:
As required by the Code, the Applicant must work with School District 27J (the “School District”) to pay a fee-in-lieu of land dedication to the School District, as well as enter into a participant agreement with the School District and the Capital Facility Fee Foundation (the “Foundation”). Said participant agreement will require a future builder of the Property to contribute funds to the Foundation with each residential building permit. Proof of said contribution shall be provided to the City as a condition of permit issuance.
Future Reimbursement Agreements:
Among the infrastructure requirements detailed in this memo, some fall outside the boundaries of the Property. That being said, the Subdivision Plan details these items as being eligible for reimbursement from the City at a later date. In the future, the Applicant or a future developer may seek reimbursement for the design and construction for the following items:
• The expansion of Bromley Lane east of South 15th Avenue.
• Drainage infrastructure along the eastward expansion of Bromley Lane, as well as new drainage infrastructure within the City owned property of the Brighton Oasis Family Aquatic Park.
• The regional drainage outfall from Chambers Road to Sable Boulevard / South 4th Avenue.
• The expansion of Chambers Road from the southern boundary of the Property to Indigo Trails.
• The trail connection from Trefoil Way within the Indigo Trails Subdivision into the Property.
• The extension of non-potable irrigation infrastructure.
• The traffic signal at South 15th Avenue.
As included in the Subdivision Plan, these items are eligible for reimbursement if the Applicant or a future developer wishes to pursue the reimbursement; however, the Subdivision Plan does not guarantee reimbursement. The scope of reimbursement of the abovementioned items will require approval from City Council.
Development Agreement:
As mentioned prior, a development agreement will accompany all future final plats 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 Code)
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 the Be Brighton Comprehensive Plan (the “Comprehensive Plan”), has designated the Property as High Density Residential, Low Density Residential, and Open Space, and as mentioned, the Property is zoned to have a mix of residential uses, with a portion of open space zoning. The Subdivision Plan conforms to the aforementioned 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 2 in Chapter Three strives to encourage higher residential densities along major corridors. The Subdivision Plan will aid in the platting of a buildable higher density residential property on the corner of Bromley Lane and Chambers Road. Additionally, the Subdivision Plan will require the build out of Bromley Lane to its ultimate condition. The future high density residential property will have close access to an arterial roadway.
Number 14 in Chapter Three calls for the ultimate build out of Bromley Lane, as well as future development south of Bromley Lane to occur in nodes with mixed density residential between commercial centers. The Subdivision Plan requires the build out of Bromley Lane, which will facilitate the future platting of residential lots of mixed densities and building types.
Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed Subdivision Plan advances a number of these goals:
Policies 1.1, 1.2, and 1.3 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, and to have development pay its own way. The Property is bound by two existing roadways, and the Subdivision Plan requires the build out of both roadways to ultimate condition. Additionally, the Subdivision Plan requires the build out of other roadways internal to the Property that further the vision and goals of the Comprehensive Plan, as well as the City of Brighton Transportation Master Plan. Lastly, the Subdivision Plan requires a future developer to design and construct numerous infrastructure systems, such as but not limited to, roadways, water and sewer lines, storm drainage infrastructure, and parks and open spaces. The financial responsibility of said design and construction will be that of a future developer.
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. The DRC will continue to work with external reviewing agencies on future applications.
Policies 2.1 and 2.2 of the Comprehensive Plan aim to provide a balance between residential and non-residential uses and utilize infrastructure investments and the urban service area map to focus urban development. The Subdivision Plan will facilitate the future platting of residential properties that will provide a diverse range of housing options. Additionally, the build out of the Property under the Subdivision Plan will require the construction of useable park and open space areas for residents of the City. Lastly, as the Property is within the urban service area, the build out of the Property will focus development in an area of the City already planned for urbanization.
Policies 3.2, 3.5, and 4.1 of the Comprehensive Plan strive to promote urban open space patterns, protect and enhance air quality within the City, and encourage development patterns that support all travel modes. The Subdivision Plan requires the dedication of a vast open space area and said area will be useable through the construction of soft trails and a dog park. Within the same open space area, a 10’ wide concrete trail system will be constructed adjacent to the Fulton Ditch, as well as adjacent to several roadways within the Property. This trail system will provide alternative transportation connections all throughout the Property, as well as connection points to its exterior.
Policies 6.1, 6.2, 6.3, and 6.5 seek to create streetscapes that promote alternative transportation, ensure residential architecture enhances the street, create accessible and inviting green spaces, and encourage the diversity of housing types and costs. As mentioned, the Subdivision Plan requires the ultimate build-out of several roadways adjacent and internal to the Property, many of which will contain designated bicycle lanes. Additionally, the required construction of a connected trail system will further encourage alternative forms of transportation. Future residential development will adhere to the Code, which contains setback, landscaping, and architectural standards that create an attractive streetscape. Lastly, the Subdivision Plan requires the design and construction of parks, green spaces, and open spaces within the Property that will encourage residents to go outside and interact with one another.
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, a final plat will be submitted to the DRC for review. The Subdivision Plan has been drafted to conform to the specific zone districts that govern the land, and as such, is capable of meeting all development and site design standards under the zone districts.
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. No building permits will be issued unless all necessary infrastructure has been accepted by the City.
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 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. In no instance does it 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.
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 a regional storm water outfall that will serve outside properties as they develop in the future.
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 approval of the Bromley Farms 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 proposed subdivision as required by the Code. These mailings were sent on February 5, 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 on February 2, 2024. Lastly, a notice was published on the City of Brighton website on February 5, 2024, and posted on social media platforms. 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 neighborhood meeting on August 31, 2022, and provided minutes of the meeting including evidence of notice mailed to property owners within 1000’ of the subject Property, attendance, content and presentation, issues, and a discussion summary. These minutes were included as part of the formal application and adhere to the requirements set forth in Section 2.01.D.
PLANNING COMMISSION DECISION
The Planning Commission approved the Subdivision Plan on January 11, 2024 (see the attached Resolution #24-01) in a 2-1 vote.
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 Code, 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 Bromley Farms 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 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 24-01
● 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