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Department of Community Development
Reference: Brighton Crossing Filing No. 2, 6th Amendment
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip Rodriguez - City Manager
Marv Falconburg, AICP - Assistant City Manager
Holly Prather, AICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: February 14, 2018
PURPOSE
The applicant, J3 Engineering, on behalf of the owner, Brookfield Residential LLC, is requesting approval of the Brighton Crossing Filing No. 2, 6th Amendment subdivision plat amendment and the accompanying Development Agreement amendment. In accordance with the Municipal Code, Section 17-40-250, Plat Amendment, the Community Development Director (“Director”) may refer an application for a Plat Amendment to City Council if the Director feels the amendment substantially alters the approved final plat. Upon review, the Director has decided to refer this plat amendment to the City Council. The City Council shall, following a public hearing, make a decision with a resolution approving, approving with conditions, or denying the Plat Amendment application.
BACKGROUND
The Brighton Crossing Filing No. 2 subdivision is generally located immediately east of N. 50th Avenue, north of Bridge Street and south of Baseline Road. The portion of the subdivision the applicant is requesting be amended is in the southeast corner of the overall subdivision, near Bridge Street and has the Speer Canal as its eastern border. The proposed amendment will reduce the number of lots by eight (8) total lots, from 146 lots to 138 lots. The proposed layout of this portion of the subdivision will still include the original platting the Speer Canal, all totaling approximately 74 acres in size (the “Property”). Platting 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 sets forth the allowed land uses for the property. During the final plat portion of the platting stage, the applicant will propose the general layout of the subdivision, with designated lot sizes and lot lines, easements, dedicated public lands, utility and drainage improvements, etc. to be approved or denied by the City Council. Also during the final plat stage, the City of Brighton enters into an agreement with the developer to address how and when public infrastructure will be constructed. In this instance, the property owner has already received approval of the final for the property and entered into a Development Agreement with the City. Now, the property owner would like to amend the approved plat to change the lot layout and in doing so, the Development Agreement also needs to be amended slightly to address that change.
The Property was part of the Bromley Park Annexation in 1985. The land at that time was zoned as part of the Bromley Park Planned Unit Development (PUD). PUDs are a form of zoning which allows applicants to write specific regulations for specific properties instead of necessarily following the City’s standards for a specific zoning district. Generally, in consideration of being allowed to write custom zoning regulations, PUDs will go above and beyond the City’s standard zoning regulations. Since being zoned as the Bromley Park PUD, this PUD has been through numerous amendments, some affecting the entire Bromley Park area and some only affecting smaller portions of the whole PUD.
In July 2017, the applicant submitted its request for a subdivision plat amendment to the City. The applicant and owner worked with the City’s Development Review Committee (DRC) and the FRICO Ditch Company to attain a set of development documents, including the plat amendment, which complies with the Municipal Code (Code). Because this was a plat amendment, according to the Code, there is no requirement that it be reviewed by the Planning Commission for review.
This plat amendment will be reducing the overall lot count in this portion of the subdivision from 216 lots to 203 lots as well as reorienting some of the lots
The Development Agreement associated with plats sets forth the Developer’s responsibilities regarding the construction and maintenance of various improvements within the Development, including the phasing plan for the subdivision, park and trail design/maintenance, and when streets will be constructed. For this particular development, an Agreement is already in place but minor amendments were needed in the Agreement to account for the changes in the subdivision layout. These amendments include, but are not limited to, requiring a private storm drainage agreement, addressing community mailboxes, and language discussing the continued work with the City involving regional trail construction.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-40-250, Plat Amendment, of the Code states that amendments to approved final plats 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
Upon review of the Bromley Park PUD regulations, which address dimensional standards of lots, as well as the City’s Subdivision Regulations, which address streets, open space, lot and block layout, and other design regulations, staff finds that the Plat Amendment application complies with both the Bromley Park PUD zone district regulations and the Subdivision Regulations found in Section 17-40 of the Code. The Development Agreement amendment has also been reviewed and approved by the City’s Development Review Committee (DRC) and City Attorney.
PUBLIC NOTICE
Although the Code only requires public notice for a Plat Amendment be mailed to adjacent property owners at least five (5) days prior to the public hearing, which was done on February 21, 2018, notice of the public hearing was also published in the Brighton Blade on February 28, 2018, and posted on the Property on February 28, 2018. 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 application meets the review criteria found in Section 17-40-250 of the Code, and therefore recommends approval of this Plat Amendment application and the amended Development Agreement, with one condition: (1) The Owner/Developer shall address all comments on the application, as discussed in the “Summary Letter of DRC Comments for Review #3” letter sent to the application on February 1, 2018, to City Staff’s satisfaction. Satisfaction of this condition is a condition precedent to the issuance of any building permits by the City for any development on the Property.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has four (4) choices it can make after reviewing this application. The Council may: (1) approve the Plat Amendment and Development Agreement Amendment, (2) approve the Plat Amendment and Development Agreement Amendment with conditions, (3) deny the Plat Amendment and Development Agreement Amendment, or (4) continue the Plat Amendment and Development Agreement Amendment to a specific date if the Council feels it needs more information to make a decision.
ATTACHMENTS
§ Plat Amendment
§ Vicinity Map
§ Plat Amendment and Development Agreement Amendment Resolution
§ Development Agreement Amendment (Exhibit C of the Plat Amendment and Development Agreement Amendment Resolution)
§ Neighborhood Mailing Notice
§ Newspaper Legal Notice