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Department of Community Development
Reference: Reuse of The Depot - 269 E. Bridge Street
To: Mayor Richard N. McLean and Members of City Council
Through: Philip Rodriguez, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: December 8, 2017
PURPOSE
Request for direction by the City Council in regards to the appropriateness of a proposed use for The Depot building located at 269 E. Bridge Street. An agreement approved in 1980 specifically noted uses that ‘emphasize family patronage’. The applicant is requesting the City Council consider their proposed use, an insurance office, as meeting the use restriction as set forth in the agreement.
BACKGROUND
On September 2, 1980, the City agreed to sell The Depot building under the condition the buyer put in a use that would ‘emphasize family patronage’ and the buyer would designate the building as a historic landmark. Since 1980, the building has had a variety of uses, most recently a retail bicycle shop which was determined to emphasize family patronage. The building has not been designated as a historic landmark since 1980. The City’s Land Use and Development Code, nor the agreement define what a use that emphasizes family patronage would be. However, over the years staff has interpreted this phrase to mean a use that includes patrons, people from every age group, including children that give financial or other support to an organization, cause or business activity. Staff believes the intent of the language was to ensure that the historically significant building was open to and able to be experienced by people from every age group, especially children. Note: The original concept for the building in 1980 was a family restaurant.
Currently, the building is for sale and the current potential buyer owns a Flood Insurance Office in Downtown Brighton. The potential buyer would like to operate their flood insurance office from this location. The seller, Mr. Gene Hodges, and buyers, Mr. Matthew Herr and Ms. Emily Herr, have each submitted letters in support of the use request and they are attached to this application.
HISTORY OF BUILDING
The Union Depot was originally constructed in 1907 after Brighton was chosen as the permanent county seat for Adams County. The location of the passenger depot in Brighton was significant in the subsequent development of Brighton as a regional transportation hub for people as well as goods and services.
In 1979, the Depot was donated to the City by Union Pacific, with specific orders to remove the Depot from the Railroad Right of Way. In 1980, the City reached an agreement with a private buyer, the Jachettas, who owned and ran the Stop-N-Eat Restaurant in Brighton at the time to move the Depot and reuse the building. The Jachettas moved the building from the previous location in the Union Pacific Railroad Right of Way to a lot where the former Adams Hotel had been located up until the 1970s when it was demolished.
The Depot was the site of several restaurants until 2012 when the use was changed to a bicycle shop.
ITEMS FOR CITY COUNCIL DETERMINATION
• Does the proposed use as a flood insurance office meet the original intent of a use ‘emphasizing family patronage’?
ITEMS FOR CITY COUNCIL CONSIDERATION
If the Council determines that the use is appropriate:
• Should the property or business owner be required to pay a pro-rata share of the lease and maintenance for the parking area located west of the building? Note: The Depot building has no private, on-site parking areas and the City of Brighton pays a lease to Union Pacific for the use of the Right of Way.
• Should the property or business owner be required to designate the structure as a local historic landmark?
• Should additional site improvements be required prior to the opening of the business? For example, the installation of exterior lighting to deter overnight loitering and/or trespassing?
ATTACHMENTS
• Agreement dated September 2, 1980
• Gene Hodges Letter
• Matthew & Emily Herr Letter