Department of Community Development
Reference: Kestrel Subdivision Plan
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: March 17, 2025
INTRODUCTION / PURPOSE
The subdivision plan application (the “Subdivision Plan” or the “Application”) before the City Council is for an approximately 25.83-acre property (the “Property”), generally located to the north of East 120th Avenue, south of East 124th Avenue, east of Peoria Street and west of Prairie View High School. Mike Cooper with Boulder Creek is the project contact working on behalf of the Property owner and applicant, The Orchard Church (the “Applicant”).
The Kestrel Subdivision Plan envisions fee-simple residential development, integrated with parks and open spaces. The proposal also includes the construction of adjacent and internal roadways, along with the installation of water, sewer, and stormwater infrastructure.
PROCESSES
Platting is necessary as it results in the creation of lots and/or tracts for future uses, 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. Subdivision plans submitted before the Code change in November 2024 follow the previous process. This Application was submitted prior to the Code amendment. This includes a public hearing with the Planning Commission to approve the plan, followed by another 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 public 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 2016 under the Orchard Church Annexation, Ordinance 2230. A portion of the Property was platted under the Orchard Subdivision Filing No. 1 Final Plat. In 2025, the Property was rezoned to the Kestrel Planned Development.
Surrounding Land Use(s):
PROPOSED SUBDIVISION PLAN AND DEVELOPER OBLIGATIONS
The Subdivision Plan proposes the development of a residential community, addressing both basic needs, such as water and wastewater services, and quality-of-life amenities, such as parks, open spaces, and trails. 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 in accordance with the policies in effect at the time of final plat and/or site plan approval. To address wastewater needs, the developer will connect to the existing Metro Water Recovery sewer line located along the northern side of the Property and extend services along West Thunderhawk Place. For water service, the developer will connect to the existing water lines in Peoria Street and will loop water services throughout the subdivision.
Stormwater:
The Subdivision Plan will utilize an existing stormwater pond located on the northwest side of the site. To better fit the development layout, the Application proposes moving the pond to the west while keeping it large enough to handle all the stormwater runoff. Additionally, a new, smaller pond will be added on the southwest corner of the site to manage stormwater runoff from about 6 acres of land. This new pond ensures proper drainage for the area and will be located within a City-owned drainage easement. Eventually, the stormwater from this pond will be directed to a future stormwater system along 120th Avenue, but until then, the pond will be maintained by a Metro District or similar entity.
Streets:
There are two (2) existing public roadways adjacent to the Property, those being East 120th Avenue and Peoria Street. These adjacent roadways fall into multiple jurisdictions with Peoria being entirely within Adams County and 120th being shared between Brighton and Adams County. The Subdivision Plan requires the design and construction of these adjacent roadways. The north side of East 120th Avenue will be built out to the interim condition, including curb, gutter, striping modifications and a 10’ concrete trail. The east side of Peoria Street will be constructed to the ultimate condition as a Collector Street section, which includes curb, gutter, striping improvements, an 8-foot concrete trail, and a left-turn lane at the intersection for the southbound to eastbound movement. In addition to the existing public roadways, the developer will dedicate right-of-way and construct Neighborhood Connector streets with significant pedestrian connectivity to replace the private roadways that exist today.
Traffic Signal Requirements:
The developer will contribute to the design and construction costs for upgrading the existing traffic signal at East 120th Avenue and Peoria Street. Upon final plat approval, and as formalized in a future development agreement, the City and developer will agree on the finalized percentage of the required contribution.
Parks, Open Space, and Trails:
The Subdivision Plan includes 5.64 acres of conceptual pocket parks and open space areas. Since all proposed parks and open spaces are below the 5-acre threshold, these areas may be dedicated as open space to the City but will be maintained by the HOA or Metro District. Staff and the Applicant have not yet reached an agreement on which areas will qualify for parks and open space credit. This determination will depend on the amenities and trail networks provided within these spaces and will be finalized with the landscape plans at the time of final plat approval. If there is insufficient land dedication, a fee-in-lieu will be required prior to the recording of the final plat.
Regarding trails, the Subdivision Plan proposes an extensive trail network that extends beyond those adjacent to existing public roadways. Specifically, all pocket parks and open space areas will feature a minimum 5-foot concrete sidewalk, which will connect to 6-foot, 8-foot, or 10-foot trails along the public roadways. Special attention has been given to ensure a continuous pedestrian connection to Prairie View High School.
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. The Applicant must also 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 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 Mixed Use Residential. This designation is intended to provide a variety of housing options while integrating residential living with nearby commercial and civic uses. The subject site is located next to key community anchors, such as a church and a high school, making it compatible with the Mixed Use Residential designation. The Subdivision Plan deviates from traditional single-family design by incorporating smaller lot sizes that front onto streets, pocket parks, or open spaces. This layout promotes better pedestrian connectivity, allowing residents easy access to nearby amenities and reinforcing the mixed-use concept. Additionally, the Subdivision Plan supports other policies and strategies outlined in the Comprehensive Plan. In the Opportunity Area Policies Section of Chapter Three, the Application aligns with Policy Number 15. 120th Avenue Opportunities, which emphasizes the need to foster long-term economic growth and encourage high-quality development along the 120th Avenue corridor. This policy envisions 120th Avenue as a distinctive corridor that will provide substantial revenue to the City over time. The subdivision’s unique design and strong sense of community have the potential to attract both new and existing Brighton residents to the southern part of the City. As more homes and residents move into the area, the demand for commercial development will stimulate investment along the 120th Avenue corridor.
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 positioned with frontage along two existing public roadways. The Subdivision Plan requires the build out of adjacent roadways and the conversion of existing private roadways to public streets. In addition to the roadways, the developer will design and construct essential infrastructure systems, including water and sewer lines and storm drainage systems. The developer will bear the full financial responsibility for these infrastructure improvements.
Policy 6.1 of the Comprehensive Plan emphasizes the importance of creating inviting and safe streetscapes that are pedestrian and bike friendly. Currently, the surrounding area lacks safe pedestrian connectivity. However, the Subdivision Plan proposes a comprehensive network of trails and sidewalks designed to connect to pocket parks and provide safe, accessible routes to and from Prairie View High School. The Subdivision Plan will close existing gaps in pedestrian connectivity and significantly improve overall walkability of the area.
Lastly, Policies 6.2 and 6.3 stress the importance of thoughtful lot orientation, architectural design, and the incorporation of green spaces. In line with these policies, the Subdivision Plan includes the development of 5.64 acres of open space or pocket parks. These areas will not only provide recreational spaces for residents but also foster opportunities for community interaction. The subdivision design also reflects these goals in terms of streetscape and architectural features. As approved under the Kestrel Planned Development, each home will be designed with a two-car alley-loaded garage. Homes will be oriented to face or front onto usable open spaces or public streets. Additionally, the Subdivision Plan ensures that homes along major roadways, such as Peoria Street and 120th Avenue, will be positioned to side or face these streets. This approach will establish a strong visual presence along this key corridor.
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 and roadway specifications outlined in the Kestrel Planned Development and the Code. In addition, the Subdivision Plan addresses utility placement, pedestrian connectivity, and the overall site layout to ensure it meets both the physical and functional standards of the zone district. If accepted, a final plat will be submitted to the Development Review Committee (DRC) to ensure that all relevant 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, parks and drainage infrastructure by the future homeowner's association or 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.
The Subdivision Plan includes the design and construction of adjacent infrastructure to properly serve the development. Since the adjacent public roadways are either outside City jurisdiction or fall under multiple jurisdictions, determining appropriate roadway classifications and designs can be challenging. City staff worked with Adams County to ensure that all necessary improvements were incorporated into the Subdivision Plan.
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 their 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 Kestrel 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 March 24th, 2025, and included a letter describing the proposed Subdivision Plan as well as a map of the subject area. Additionally, four (4) public hearing signs were posted March 31st, 2025, on the Property. Lastly, a notice was published on the City of Brighton website on April 16th, 2025 and posted on Facebook and NextDoor. As of the date of this report, staff has received one formal comment from the public, including a petition in opposition.
As required by the Code and prior to Application submittal, the Applicant team conducted a neighborhood meeting on February 12, 2024, 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
The Planning Commission unanimously approved the Subdivision Plan on March 13, 2025 (see the attached Resolution #25-03).
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 Kestrel Subdivision Plan public improvements and has prepared a draft resolution based on these findings.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four (4) actions it can take after reviewing this application.
1. Approve the resolution accepting the public improvements in the Subdivision Plan;
2. Deny the resolution accepting the public improvements in the Subdivision Plan and provide justification for such action;
3. Approve the resolution accepting the public improvements in 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 25-03
• 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
• Traffic Impact Study (Included in the Planning Commission packet and therefore also included for City Council)
• Public Comment
• Draft Staff Presentation