Department of Community Development
Reference: Ridgeline Vista Major Subdivision Plan
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Sean Pesek, Assistant Planner
Date Prepared: November 9, 2020
PURPOSE
The Major Subdivision Plan application before the City Council is for an approximately 69.680 acre property, generally located to the southeast of the intersection of Baseline Road and North 60th Avenue (“Property”), to be known as the Ridgeline Vista Subdivision. Platting is necessary as it results in the creation of lots and/or tracts for future use(s), easements, and rights-of-way for streets within the proposed subdivision.
Pursuant to Section 2.02(D) of the City’s amended Land Use and Development Code, any subdivision plan approved by the Planning Commission that includes public improvements shall be scheduled for a public hearing at the City Council for acceptance of all public lands or proposed facilities. The City Council shall make the final determination to either favorably recommend or discourage further development of the subdivision plan.
NEW CODE TRANSITION STATEMENT
This application was submitted after the effective date of January 1, 2020 as a Major Subdivision Plan. As a result, this application was reviewed by staff using the amended Land Use and Development Code and such sections and criteria are referenced in this report.
STRATEGIC FOCUS AREA
● Recognizable and Well-Planned Community
BACKGROUND
A portion of the subject Property (approximately 61.533 acres) was annexed in 1987 as part of the Neff Annexation and is subject to its annexation agreement. The remaining portion (approximately 9.040 acres) was annexed in 2018 as part of the Neff II Annexation and is subject to its annexation agreement. The Property, in its entirety, is not platted and is currently zoned as part of the Ridgeline Vista PUD with the exception of 0.388 acres in the northeast corner of the development (“Neff Remainder Parcel”). The Neff Remainder Parcel is not annexed and does not have a City of Brighton zoning designation. Staff’s recommendation to City Council is contingent upon the Applicant successfully annexing and zoning the Neff Remainder Parcel. Please note, the Applicant has applied for annexation and zoning, and both items are scheduled to be heard before the City Council on December 1, 2020 for approval via ordinance (first reading).
Surrounding Land Use(s):
|
Surrounding Direction |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Residential |
Highplains Berkshire PUD (Town of Lochbuie) |
Town of Lochbuie |
|
South |
Vacant |
Bromley Park PUD 2nd Amendment |
City |
|
East |
Residential |
Mixed-Use District (Town of Lochbuie) |
Town of Lochbuie |
|
West |
Residential |
Bromley Park PUD 7th Amendment |
City |
STAFF ANALYSIS
As proposed, the Major Subdivision Plan consists of 220 lots for single-family detached homes, one (1) lot for a future set of single-family attached dwellings, and one (1) lot for future duplex units. Please refer to Sheets 11 and 12 of the Major Subdivision Plan for further detail. The proposal, encompassing a total of 69.680 acres of land, designates 30.48 acres for single-family detached residential use, 11.4 acres for future single-family attached residential use, 9.15 acres for tracts, and 18.66 acres for roads and rights-of-way. Please refer to Sheet 12 of the Major Subdivision Plan for further detail.
The seven (7) tracts will be owned and maintained by the Ridgeline Vista Metropolitan District with the exception that those with a drainage component will have features maintained by the South Beebe Draw Metropolitan District. Tracts A and B will serve as landscape buffers between N. 60th Avenue and the proposed lots to the immediate east. Tracts D and G serve as a detention and water quality facility that includes an underground reinforced concrete pipe. Tracts C, E, and F will serve as public parks. Please refer to Sheets 1 and 2 of the Major Subdivision Plan for further detail.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
COMPREHENSIVE PLAN:
The future land use portion of the Comprehensive Plan, Be Brighton, has designated the majority of the Property (approximately 40.59 acres) as appropriate for ‘High Density Residential’ uses with 12 or more dwelling units per acre. Approximately 28.41 acres of the Property is designated as appropriate for ‘Medium Density Residential’ uses with 5 to 12 dwelling units per acre. According to the Comprehensive Plan, primary uses in the ‘Medium Density Residential’ use category include single-family detached units, which is consistent with the proposed subdivision. Additionally, the Developer has subdivided approximately 11.4 acres of land adjacent to Baseline Road as two (2) lots for future single-family attached units, generally consistent with the ‘High Density Residential’ use category.
The proposed Major Subdivision Plan is compatible with the goals and policies of the Comprehensive Plan. Policy 1.1 New Growth Should Favor Existing Areas of Infrastructure Investment and Planning anticipates that new development will be located in areas with existing development and planned infrastructure. The Ridgeline Vista subdivision is adjacent to the approved Brighton East Farms, Filing 3 subdivision and Baseline Road, a major arterial through the City.
Additionally, the development assists Principle 3: Open Space & Natural Environment Policy 3.2 as it designates a total of two (2) tracts as landscaping, with three (3) tracts designated as public parks. Having lots for a variety of residential densities in a development aligns with Principle 6: Distinctive Neighborhoods Policy 6.5.
LAND USE AND DEVELOPMENT CODE:
Section 2.02.D, Major Subdivision - Subdivision Plan, of the amended Land Use and Development Code, describes the requirements for a Major 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.
✔ The proposed Major Subdivision Plan generally complies with the Comprehensive Plan’s guidelines and aligns with portions of the Comprehensive Plan’s Principle 1: Managing Growth Policy 1.1 as the development will build upon the established framework of roads, utilities, and other infrastructure investments in the area. Additionally, the development assists Principle 3: Open Space & Natural Environment Policy 3.2 as it designates a total of two (2) tracts as landscaping, with three (3) tracts designated as public parks. Lastly, having lots for a variety of residential densities in a development aligns with Principle 6: Distinctive Neighborhoods Policy 6.5.
✔ The application is in compliance with the amended Land Use and Development Code, and meets the requirements for the Ridgeline Vista PUD zoning district. The block and street layout will provide additional connectivity with surrounding neighborhoods, in turn creating a more walkable environment.
✔ The Developer will be responsible for the construction of all public improvements denoted on the Major Subdivision Plan, or otherwise required by the code to establish buildable lots. Public Improvements include, but are not limited to: the park enlargement plan (shown on Sheet 25), the enlargement of 60th Avenue (shown on Sheet 8), and the enlargement of Baseline Road (shown on Sheets 5 and 6). Building permits for any type of structure regulated by the City will not be issued by the City until all public improvements for the property (or applicable to the phase of the real property) have been completed and the property owner has posted surety. The application includes performance, construction and any maintenance assurances for the design, construction and acceptance of public improvements. The Developer shall submit to the City a guarantee for all public improvements related to the real property. The financial guarantee may be in cash, bond or a letter of credit in a format provided by the City. Infrastructure permits will be issued when guarantees have been furnished. Listed below are additional obligations from the Developer:
o Pursuant to The Annexation Agreement for Neff PUD, the Developer is allowed to pay a water resource fee (fee-in-lieu) for approximately 60 acres of the property. The Developer has successfully dedicated 11.43 acre-feet of water (7.0 Fulton Shares) toward the total requirement for Phase 2 as required in the Neff II Annexation Agreement.
o Based on the number of projected dwelling units for Phase 1 and 2, 9.77 acres of open space is required. The Developer has dedicated approximately 8.22 acres of land as parks, landscape tracts, and trails to satisfy the requirement. Fee-in-lieu of dedication will be utilized for approximately 1.55 acres, and shall be paid prior to administrative approval of the Final Plat.
o Approximately 12.43 acres of open space is required for Phases 3 and 4, and shall be paid as a condition precedent to the issuance of any building permit within each phase based on the final development density.
o The Developer is responsible for two traffic signal contributions: $142,900 for the signal located at the intersection of N. 60th Avenue and Baseline Road and $22,600 for the signal located at N. 50th Avenue and Baseline Road. The N. 60th Avenue/Baseline signal contribution shall be made before the first building permit is issued for Phase 3 or 4. The 50th Avenue/Baseline contribution shall be made before the issuance of the first building permit in Phase 2, or when the signal is warranted by the City of Brighton.
o In accordance with the City’s Land Use and Development Code, Section 3.05(F), the Developer agrees to provide a fee-in-lieu of land dedication for schools as determined by the Brighton School District 27J and shall provide payment to the District prior to approval and/or recording the Final Plat. Based on the number of units for Phase 1 and 2 (220), the District is projecting an additional 119 students. The District is requesting a cash in lieu of land dedication in the amount of $101,623 to be paid to the District at the time of Final Plat approval. Additionally, prior to the approval of the Final Plat, the District requests the Developer to enter into an agreement with the Capital Facility Fee Foundation to negotiate the impact of the development on the District School Facilities. Given the projection of 220 SFD units for Phase 1 and 2, the capital facilities fees are projected to be $185,460.
✔ The applicant included a phasing plan in the application. As proposed, there are 4 phases of development. Phase 1 includes 143 single-family detached homes, a drainage outfall, detention and water quality pond improvements, street parking along N. 60th Avenue, and Baseline Road improvements. Phase 2 includes 77 single-family detached lots, Tract F (pocket park), and a 4.32-acre park (Tract E) to be owned and maintained by the Ridgeline Vista Metro District. Phase 3 includes 54 single family attached units. Lastly, Phase 4 includes 52 duplex units.
o The Baseline Road improvements include widening to the ultimate section and the construction of a detached trail from 60th Avenue to the eastern property line and shall be completed in Phase 1.
o The 60th Avenue improvements include construction of an 8’ detached trail from Baseline Road south to the southern property boundary and additional parking on the eastern half of N. 60th Avenue. These improvements shall be completed in Phase 1.
o Staff finds that the proposed phasing demonstrates a logical and coordinated approach to development.
✔ Stormwater and drainage impacts are identified in the submitted drainage report for Ridgeline Vista and will be mitigated with accepted engineering and planning. The Ridgeline Vista project is located within the City of Brighton, as such, stormwater water quality treatment and conveyance for facilities specifically under the City of Brighton jurisdiction shall be in compliance with City of Brighton requirements. These facilities include storm sewer infrastructure including inlets and pipes used for the purpose of collection and conveyance of runoff generated internal to the development. City jurisdictional facilities include Pond A and the outlet structure and the pipe system up to the jurisdictional boundary with the Town of Lochbuie. The Developer has proposed a 46.5-foot off-site easement to install a stormwater conveyance pipe. Staff’s recommendation to Council is contingent upon the applicant obtaining all necessary off-site easements prior to Final Plat approval.
✔ After review of the application, staff finds that the application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan. Additionally, the design does not impede the construction of anticipated or planned future public infrastructure within the area.
✔ The proposed subdivision is generally compatible with surrounding development as it pertains to land use, density, and subdivision layout.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee (DRC) reviewed this project and recommended approval. A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
As required, mailings were sent to all property owners within 300’ of the proposed subdivision as required by the amended Land Use and Development Code. These mailings were sent on October 26, 2020, and included a letter describing the proposed Major Subdivision Plan as well as a map of the subject area. Additionally, two (2) public hearing signs were posted on October 27, 2020 on the property along Baseline Road. Lastly, a notice was published on the City of Brighton website on October 26, 2020 and posted on social media platforms on November 6, 2020. In accordance with Section 2.01.F.4, all mineral rights owners were notified of the public hearing regarding the surface development of the properties at least 30 days prior to the first public hearing associated with this application. As of the date of this memorandum, staff has received no formal inquiries concerning this project.
In addition, the applicant team conducted a neighborhood meeting and provided minutes of the meeting including evidence of notice, 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). To date, planning staff has not received any formal comment by the public regarding the information provided at the neighborhood meeting.
PLANNING COMMISSION DECISION
The Planning Commission approved the Major Subdivision Plan on October 8, 2020 (see the attached Resolution #20-8).
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Major Subdivision Plan application to be in compliance with the requirements for a Major Subdivision Plan as described in the amended Land Use and Development Code, Section 2.02.D, Major Subdivision - Subdivision Plan, and with the zoning district regulations as outlined in the Ridgeline Vista PUD. Staff also finds that the Major Subdivision Plan complies with policies of the Comprehensive Plan. Based upon these findings, staff recommends conditional acceptance of the Major Subdivision Plan and has prepared a draft resolution based on said findings. The first condition is that the annexation and subsequent rezoning of the area known as the Neff Remainder Property is approved by City Council, without any amendments(s) or other changes that would alter the Major Subdivision as proposed prior to the Final Plat for Ridgeline Vista receiving approval. The second condition is that the applicant obtains all necessary off-site easements prior to the administrative approval of the Final Plat.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this application. City Council may:
1.) Accept the Major Subdivision Plan with conditions via resolution as drafted;
2.) Accept the Major Subdivision Plan without the drafted condition(s), with an amended condition(s), or added conditions;
3.) Not accept the Major Subdivision Plan via resolution with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use and Development Code.
ATTACHMENTS
● Draft City Council Resolution
● Copy of the Planning Commission Approval, Resolution #20-8
● Aerial Map by City Staff
● Proposed Major Subdivision Plan by Applicant
● Neighboring Property Owner Notification
● Addresses of Property Owners Notified
● Radius Map of Notice Mailing
● Website Notice
● Affidavit of Posting with Sign Photographs
● Draft City Staff PowerPoint Presentation