Department of Community Development
Reference: Grein Property Annexation No. 2
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: February 5, 2026
PURPOSE
In order to proceed with annexation of the Grein property (the “Property”), the City Council must conduct a public hearing, approve a resolution for annexation eligibility (the “Application”), and complete the first reading of the annexation ordinance. A Petition for Annexation (the “Petition”) was accepted by the City Council at a regular meeting on January 20, 2026 In Resolution 2026-06, the City Council set the public hearing for annexation of the Property for March 3, 2026.
City Council must now hold a public hearing and consider a resolution that constitutional and statutory (C.R.S. §31-12-104 and §31-12-105) requirements have been met. If resolved, 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 of Brighton (the “City”) (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). A separate application to rezone the Property to a City zone district is also 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, final plat and site plan will be required before any development can occur on the site.
BACKGROUND
The annexation application before the City Council is for an approximately 88.303-acre Property which is generally located to the north of the Longs Peak Street alignment, south of East Baseline Road, east of the Fulton Ditch and west of the North 27th Avenue alignment and the Brighton Lateral Ditch. Currently, the Property has a zoning designation of Adams County A-1 (Agriculture-1). Travis Frazier from Redland is the project contact working on behalf of the Property owner and applicants, Ivan E. Grein Living Trust and CC Realty, LLC (the “Applicants”). The Applicants have also submitted an application to the City for a Planned Development. The Property is 27.49% contiguous with existing Brighton city limits.
Surrounding Land Use(s):
|
Surrounding Direction |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Residential |
Weld County Agriculture |
Unannexed |
|
South |
Open Space |
PL |
City of Brighton |
|
East |
Residential/Agricultural Vacant |
Adams County A-1 Mountain View Estates PD |
Unannexed City of Brighton |
|
West |
Residential Residential Open Space |
Adams County A-1 R-1-B, R-2, R-3 PL |
Unannexed City of Brighton City of Brighton |
CRITERIA BY WHICH 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 Application. 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., Colo. Rev. Stat.
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 these regulations.
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:
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 Application must comply with the requirements set forth in C.R.S. § 31-12-104. Specifically, the Property must: (1) be not less than 1/6 contiguous with existing City limits; (2) share a "community of interest" with the City; (3) be urban or become urbanized; and (4) be capable of integration within the City. If the contiguity requirement is met, there is a rebuttable presumption that the "community of interest" requirement is also met. Further, C.R.S. § 31-12-105 provides certain limitations on annexation. Such limitations are not applicable to the application before the City Council.
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 Low Density Residential. The related Planned Development is consistent with the broader vision of the area and meets the policies of the Comprehensive Plan.
The proposed annexation supports several policies outlined in the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’. Specifically, it aligns with Policy 1.3, which emphasizes the importance of development paying its own way when developing the Property. This Property will be required to bear an equitable portion of the costs of expanding municipal infrastructure, as the policy suggests. The proposal also meets Policy 10.2, which encourages support for reuse of historic structures and historic preservation. As a condition of the annexation, some of the existing structures on the Property will be required to be preserved.
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 Brighton Municipal Code and Land Use & Development Code.
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, utility service will be extended to the Property by the developer. As mentioned above, development of the land will pay its own way, which 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 utilities and facilities. At the time of development, the developer will be required to submit technical engineering studies to ensure the appropriate infrastructure is in place prior to development of the Property.
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.
Properties to the east and a small portion to the west of the Property have been annexed to the City, zoned, and platted. While the Property is not necessarily considered an enclave, the Property is one of the last large parcels of land in the midst of the City that has not been annexed.
The Property is along a Major Arterial roadway that has not been improved in this area. The proposed project will provide upgraded vehicle and pedestrian connections across the City and will connect two separate developed areas of the City along East Baseline Road. Annexing the Property will allow for cohesive urban development and ensure uniform public safety and utility services in the area.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing has been provided to all applicable entities and published as required by C.R.S. § 31-12-108.5. Notice of public hearing was published in the Brighton Standard Blade on January 29, 2026, February 5, 2026, February 12, 2026, and February 19, 2026. A copy of the published notice, resolution of substantial compliance, and petition as filed with the City, was sent by registered mail to the Adams County Board of County Commissioners, Adams County Attorney, Rangeview Library District, Central Colorado Water Conservancy District, Brighton Fire and Rescue District, School District 27J, Urban Drainage and Flood Control District, and Regional Transportation District. Notice was mailed to all property owners within 1,000 feet of the Property on February 10, 2026. Two signs were posted on the Property on February 13, 2026. As of the date of this report, City staff has not received any formal comments regarding the proposed annexation.
SUMMARY OF FINDINGS AND 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:
Resolution of Annexation Eligibility
City Council may:
1. Approve the Resolution as drafted;
2. Approve a modified Resolution; or
3. Deny the Resolution.
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 Hearing Mailing Notice and Website Notice
● Affidavit of Sign Posting
● Newspaper Proof of Publication
● Resolution 2026-06 (Substantial Compliance)
● Draft City Staff Presentation