Department of Community Development
Reference: James Property Annexation
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP Senior Planner - Historic Preservation
Date Prepared: November 5, 2025
INTRODUCTION / PURPOSE
In order to proceed with the annexation of the James Property, the City of Brighton (the “City”) City Council must approve a resolution for annexation eligibility and complete the first reading of the annexation ordinance. Because the Property is 100% contiguous within the City limits and has been for more than three years, the Property is being annexed as an enclave (C.R.S. §31-12-106(1)). As an enclave, this annexation is exempt from C.R.S. §31-12-104, §31-12-105, §31-12-108, except subsection (b), and §31-12-109. A meeting of the City Council to determine Substantial Compliance of the petition for annexation (the “Petition”) was not required. The annexation requires an Ordinance to be approved by the City Council, but a public hearing is not required pursuant to state statutes for the Ordinance.
City Council must now hold a hearing to consider whether constitutional and statutory requirements for an enclave have been met. If approved, City Council will also consider the annexation ordinance at first reading.
PROCESS
Annexation is the first step in the land development process with the City (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). A separate application to rezone the Property to a City zoning district will also come before the City Council. At the next scheduled meeting after approval on first reading, if granted, an annexation agreement will be brought before the City Council, along with the second reading of the annexation ordinance. A subdivision plan and final plat will be required before any development can occur on the site.
BACKGROUND
The Petition before the City Council is for an approximately 5.83-acre property, to be known as the James Property Annexation (the “Property”). The Property is comprised of one unplatted and yet to be annexed parcel, including some right-of-way already dedicated to the City. The Property is generally located to the north of East Bridge Street, south of Garcia Street, east of Chapel Hill Drive and west of the North 40th Avenue alignment, and is currently zoned A-1 (Agriculture-1) through Adams County. The Petition is signed by Vera Mae James (the “Owner”). Jeff Liljegren with HR Green is acting as the applicant (the “Applicant”) on behalf of the Owner. The Property is 100% contiguous and within the existing Brighton City limits; otherwise known as an enclave.
Surrounding Land Use(s):
|
Surrounding Direction |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Single Family Detached |
The Preserve PUD |
City of Brighton |
|
South |
Vacant |
Pheasant Ridge PUD |
City of Brighton |
|
East |
Offices (School District 27J) |
I-1 |
City of Brighton |
|
West |
Civic Uses (church) and Single Family Detached |
C-O and Chapel Hill PUD |
City of Brighton |
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.11(B) of the Land Use & Development Code (the “LUDC”) outlines the review criteria by which the City Council must consider the Petition. Specifically, the City Council must consider the following:
1. The annexation complies with the Municipal Annexation Act of 1965, Section 31-12-101 et. seq., C.R.S.
2. The annexation is in accordance with the Comprehensive Plan and any other plans or policies created under the guidance of that plan.
3. The property is capable of being integrated into the City and developed according with all applicable provisions of the Brighton Municipal Code and the LUDC.
4. Municipal and governmental services and facilities will be extended to these areas in a timely and fiscally responsible manner, considering initial costs, ongoing maintenance costs, and potential replacement costs with respect to the expected values of proposed development.
5. At the time any development is completed in the area to be annexed, there will be adequate capacity to serve the residents or occupants of the area with the necessary utilities and facilities.
6. The annexation will encourage well-ordered development of the City, particularly with regard to the long-range transportation patterns, development patterns, open space systems, and coordination with any specific plans accompanying the proposal.
STAFF ANALYSIS OF THE APPLICATION
Land Use & Development Code:
1. The annexation complies with the Municipal Annexation Act of 1965, Section 31-12-101 et. seq., C.R.S.
To be eligible for annexation to the City, the Petition must comply with the requirements set forth in C.R.S. § 31-12-106. Specifically, the Property must be entirely contained within the boundaries of a municipality and must be so surrounded for a period of at least three years.
This Property qualifies as an enclave per C.R.S. § 31-12-106(1), and the annexation is exempt from meeting C.R.S. §31-12-104, §31-12-105, §31-12-108, except subsection (b), and §31-12-109. The annexation complies with all applicable C.R.S. sections.
2. The annexation is in accordance with the Comprehensive Plan and any other plans or policies created under the guidance of that plan.
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Medium Density Residential and Employment - Commercial. However, the proposed rezoning to a commercial use is appropriate given the site’s context and the shape and size of the Property. When designated, the Employment - Commercial designation was foreseen to cover multiple properties to create a larger commercial employment campus. In the years since that vision was established, the surrounding properties have not developed in that way. The subject Property had not been annexed and could not develop in that way at the time, leaving the surrounding properties to develop differently. The size of the property, as well as it’s long and narrow shape, makes it difficult for this Property to zone to one of the compliant zone districts and carry out the intense future land use designation by itself.
Additionally, with single family detached residential zoning to the west of the Property and industrial zoning to the east of the Property, commercial uses will create an appropriate buffer between those zone districts.
Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the Application advances a number of these goals:
Policy 1.1 - New Growth Should Favor Existing Areas of Infrastructure Investment and Planning
• The Property is within an area of existing infrastructure and is along an arterial roadway, at a key intersection in the City. Any future development will be built upon the established framework of roads, utilities, and other public amenities. Annexing the Property into the City will allow for more consistent infrastructure and planning along the Bridge Street corridor in this area.
Policy 2.1 - Brighton Will Continue to Develop in a Self-Sufficient and Sustainable Manner (Live, Learn, Work, Shop and Play) with an Appropriate Balance between Residential and Non-Residential Uses
• The development of this Property as a commercial use will support the balance between residential and non-residential zoning in the area. The annexation of the Property into the City and its proposed rezoning would integrate into the vision for Bridge Street that promotes the live, learn, work, shop, and play concept. As a transition between residential and civic uses to more intensive uses, this Property will be easily accessible and allow those from nearby neighborhoods to promote the live, learn, work, shop, and play concept.
Policy 8.1 - Encourage Redevelopment of Strategic Areas and Promote Infill Development
• As an enclave, the Property is completely surrounded by the City of Brighton and is considered infill. The annexation and subsequent proposed change in zoning to commercial will encourage the redevelopment of this Property but also may help catalyze the development and redevelopment of sites in proximity to the Property, many of which have not been developed to their full potential.
3. The property is capable of being integrated into the City and developed according with all applicable provisions of the Brighton Municipal Code and these regulations.
The Property can be integrated into the City and adequately served by City utilities. If annexed, the Property is required to be zoned within 90 days of the approval. Future development on the site will follow all standards and procedures of the City of Brighton Municipal Code and the LUDC.
4. Municipal and governmental services and facilities will be extended to these areas in a timely and fiscally responsible manner, considering initial costs, ongoing maintenance costs, and potential replacement costs with respect to the expected values of proposed development.
At the time of the development, adequate utility services for the proposed uses will be extended to the Property by the developer. Development of the land will pay its own way and will be reflected in a future subdivision plan and agreement.
5. At the time any development is completed in the area to be annexed, there will be adequate capacity to serve the residents or occupants of the area with the necessary utilities and facilities.
It has been determined that there will be adequate capacity to serve this Property with the necessary City utilities and facilities. At the time of development, the developer shall be required to submit technical engineering studies to ensure the appropriate amount of infrastructure is or will be present.
6. The annexation will encourage well-ordered development of the City, particularly with regard to the long-range transportation patterns, development patterns, open space systems, and coordination with any specific plans accompanying the proposal.
As the Property is completely surrounded by the City of Brighton City limits, it is important that future development occurs in a manner that is consistent with the surrounding area as designated by the Comprehensive Plan and the LUDC. If annexed, development will be subject to City standards that ensure compatibility with surrounding land uses, building design and transportation patterns. Annexation of enclaves is encouraged to maintain well-ordered development and systems, without a break in services.
Development Review Committee (DRC):
The James Property is an unannexed enclave as defined by C.R.S. §31-12-106(1). Annexing the Property will allow for cohesive urban development and uniform public safety and utility services in the area. The James Property annexation complies with the C.R.S. §31-12-106, and any other applicable statutes. The Property is 100% contiguous with City limits, and has been so for more than three years. Additionally, the annexation request complies with all the applicable criteria as outlined in the LUDC. The Development Review Committee has reviewed and has found no issues with the proposal.
PUBLIC NOTICE AND COMMENT
Publication of the hearing and notice of the hearing have been provided to all applicable entities as required by C.R.S. § 31-12-108(b). The notice of hearing was published in the Brighton Standard Blade on November 1, 8, and 15, and 22, 2025. A copy of the published notice, resolution of substantial compliance, and petition as filed with the City was sent by registered mail to the Board of County Commissioners of Adams County, the County Attorney, School District 27J, the Central Colorado Water Conservancy District, Brighton Fire Rescue District, Rangeview Library District, Regional Transportation District, Urban Drainage and Flood Control District, and Urban Drainage South Platte.
As required by the LUDC, notice was mailed to all property owners within 1000’ of the Property on November 14, 2025 and one (1) sign was posted on the Property on the same day. An agenda item notice was also posted on the City’s website on November 14, 2025. As of the date of this report, the City staff has not received any formal comments regarding the proposed annexation.
SUMMARY OF FINDINGS AND CITY STAFF RECOMMENDATION
City staff finds that the request for annexation complies with the requirements of the Municipal Annexation Act, C.R.S. §31-12-101 et seq. and that the request for annexation generally complies with the goals and policies as outlined in the Comprehensive Plan.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has the following two items before it, each with four options:
Resolution of Annexation Eligibility
City Council may:
1.) Approve the Resolution as drafted;
2.) Approve a modified Resolution;
3.) Deny the 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.
Annexation Ordinance
If the Resolution of Annexation Eligibility is approved, City Council may:
1.) Approve the Annexation Ordinance as drafted;
2.) Approve a modified Annexation Ordinance;
3.) Deny the Annexation Ordinance 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.
Note: A second reading of the ordinance, if approved, will be required at a future meeting.
ATTACHMENTS
● Draft Resolution of Annexation Eligibility
● Aerial Map by City Staff
● Public Notice on Website and property Owner Notification
● Affidavit of Sign Posting
● Website Posting Proof
● Newspaper Proof of Publication
● Draft City Staff Presentation