City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Monday, November 4, 2024
6:00 PM
Special City Council Meeting
Council Chambers
City Council
MAYOR - GREGORY MILLS
MAYOR PRO TEM - PETER PADILLA
COUNCIL MEMBERS:
CHRIS FIEDLER, TOM GREEN,
MATT JOHNSTON, JAN PAWLOWSKI,
JIM SNYDER, ANN TADDEO, LLOYD WORTH
1. CALL TO ORDER
Mayor Mills called the meeting to order at 6:03 p.m.
A. Pledge of Allegiance to the American Flag
Veteran Will Webb led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
Councilmember Fiedler arrived at 6:28 p.m.
2. CONSENT AGENDA
A. Approval of the October 1, 2024 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, SETTING THE 2025 CITY OF BRIGHTON HOLIDAY SCHEDULE
Resolution No. 2024-87
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING DAVID DURAN AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JUNE 2025
Resolution No. 2024-88
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING SARAYA ORTIZ AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JUNE 2026
Resolution No. 2024-89
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, RENAMING MEMORIAL PARKWAY TO BE KNOWN HENCE FORTH AS LEGACY PATHWAY
Resolution No. 2024-90
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE CITY OF BRIGHTON SISTER CITIES POLICY
Resolution No. 2024-91
Motion by Councilmember Pawlowski, seconded by Councilmember Green, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
Absent: 1 - Councilmember Fiedler
3. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Green, seconded by Mayor Pro Tem Padilla, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
Absent: 1 - Councilmember Fiedler
4. CEREMONIES
A. Swearing In of New Board and Commission Member
City Clerk Natalie Hoel swore in the new Board and Commission members.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to three minutes)
Will Webb spoke about the election tomorrow, Veterans Day next Monday and the Marine Corps birthday on November 10th.
Steve Parker is attending the Civic Academy and thanked the City for hosting this event.
Jose Castro expressed concern about the lack of lighting at the intersection of Highway 7 and Miller Avenue.
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE BROMLEY PARK PLANNED UNIT DEVELOPMENT 33RD AMENDMENT FOR AN APPROXIMATELY 20.719 ACRE PROPERTY, GENERALLY LOCATED TO THE NORTH OF EAST BRIDGE STREET, WEST OF MT. BIERSTADT STREET, EAST OF WOOTEN AVENUE AND SOUTH OF THE INTERSECTION OF SINGLETREE LANE AND BOWIE DRIVE, SITUATED WITHIN THE BRIGHTON CROSSINGS DEVELOPMENT, MORE PARTICULARLY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO (FIRST READING)
Mayor Mills read the title of the Ordinance into the record.
Mayor Mills opened the public hearing at 6:14 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 15, 2024, on the City of Brighton website) for this public hearing were completed.
Mayor Mills asked City Council if there are any conflicts of interest or any ex parte communications that need to be disclosed, there were none.
Senior Planner Summer McCann presented the Bromley Park Planned Unit Development 33rd Amendment. The applicant and owner is Brookfield Residential LLC. The 20.719-acre site is generally located north of East Bridge Street, west of Mt. Bierstadt Street, east of Wooten Avenue and south of the intersection of Singletree Lane and Bowie Drive. The property was annexed in 1986 as part of the Bromley Park Annexation and was platted in 2020 under the Brighton Crossing Filing No. 7 final plat. A portion of the property was replatted in 2023 under the Brighton Crossing Filing No. 7, 1st Amendment final plat. The property is currently zoned multi-family under the Bromley Park PUD 25th Amendment. The property is primarily surrounded by single-family detached zoning except for the apartment complex and commercial development to the east.
The owner desires to rezone the property from multi-family zoning to single family detached zoning. The Bromley Park Land Use Regulations outline an amendment process for land zoned under the Bromley Park PUD. Per these regulations, the proposal does not meet the criteria for a minor amendment, so it must be processed as a major PUD amendment. Staff used the Conversions of PUD criteria outlined in the Land Use & Development Code.
The proposed amendment aligns with the single-family detached designation under the Bromley Park Land Use Regulations. The property will develop in a manner that is consistent with the rest of the Brighton Crossing 7 subdivision, which is entirely zoned for single-family detached. As the site is currently zoned for multi-family, the proposal would decrease the impact on adjacent infrastructure and a future subdivision plan would ensure that the developer is making the necessary public improvements to support future development.
The proposal meets all the review criteria for a zoning map amendment. The rezoning of the property will help to support the policies of the Comprehensive Plan. The Future Land Use portion of the Comprehensive Plan has designated this property as low density residential, which encourages single-family neighborhoods built on connected street networks and accessible amenities. Based on the intended development of the property, the application meets this portion of the Comprehensive Plan. The amendment meets other policies in the Comprehensive Plan. In the Opportunity Areas policy, the amendment meets Number 13, which states that the Bridge Street corridor has the potential to become a main street with homes, farms, and commercial centers. As all adjacent lots along Bridge Street are being developed, infill should be encouraged to further improvements to the corridor. In Chapter 4, the proposed zoning map advances several goals. The property is within an area of existing infrastructure and is along a major arterial roadway. Any future development will build on the established road network and utility infrastructure of the area. The subsequent land use applications will further specify the need for public improvements associated with development. The amendment to single-family detached would also better integrate into the established residential character. As all adjacent lots in Brighton Crossing 7 and adjacent subdivisions are being or have been developed, this property remains a vacant parcel within an established urban area. The rezoning would promote development and prioritize this highly visible site along Bridge Street. The proposal meets criteria 2-5, as the property is the last parcel to be developed. The rezoning would align development standards with the adjacent single-family parcels and allow future development to seamlessly integrate into the existing character of the neighborhood. The property can be adequately served, and a future subdivision plan would demonstrate connections to public infrastructure. Staff finds that this site is appropriate for single-family residential uses. Site development including buffering and building design will occur in accordance with the applicable zone district standards as outlined in the Land Use & Development Code and the Bromley Park Land Use Regulations.
The Development Review Committee reviewed the project and recommended approval. The Planning Commission heard the request on October 10, 2024, and unanimously recommended approval, and staff recommends approval of the Bromley Park Planned Unit Development 33rd Amendment.
Mayor Mills asked if the applicant would like to add anything to the presentation, he did not.
Mayor Mills asked if anyone in the audience wished to speak on behalf of or against the request, there was none.
Mayor Mills asked if any correspondence had been received, there was none.
Mayor Mills asked if there were questions from City Council.
Councilmember Snyder asked if rezoning to single-family would lessen the ability for the city to provide affordable housing options and asked about the price point of the homes. Planner McCann explained that although the property was zoned for multi-family, it was not going to be affordable housing. Matt Hailey with Brookfield explained that they will try to achieve the current price point in Filing 7.
Councilmember Green expressed concern with the traffic on Mt. Bierstadt and stated that it is not sustainable. The next step is crucial to designing the improvements. Planner McCann explained that there will be a subdivision plan with all the improvements that comes back to City Council for approval.
Mayor Pro Tem Padilla asked if there will be a new traffic study for the impact of this development and Planner McCann explained that a new traffic study will be provided.
Councilmember Johnston is in support of this change as another apartment complex in the area would be hard to accept with the existing infrastructure.
Mayor Mills closed the public hearing at 6:28 p.m.
Motion by Councilmember Green, seconded by Councilmember Johnston, to approve the Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE RAVENFIELD ZONING MAP AMENDMENT FROM C-O AND PUD TO R-3 FOR AN APPROXIMATELY 6.14 ACRE PROPERTY, GENERALLY LOCATED TO THE NORTH OF PURCELL STREET, SOUTH OF THE FIRST PRESBYTERIAN CHURCH, EAST OF SOUTH 27TH AVENUE, AND WEST OF THE BRIGHTON LATERAL DITCH, MORE PARTICULARLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO (FIRST READING)
Mayor Mills read the title of the Ordinance into the record.
Mayor Mills opened the public hearing at 6:31 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 14, 2024, on the City of Brighton website) for this public hearing were completed.
Mayor Mills asked City Council if there are any conflicts of interest or any ex parte communications that need to be disclosed, there were none.
Senior Planner and Historic Preservationist Emma Lane presented the Ravenfield Zoning Map Amendment. The owner is the Brighton Housing Authority. The 6.14-acre site is generally located to the north of Purcell Street, south of the First Presbyterian Church, east of North 27th Avenue, and west of the Brighton Lateral Ditch. The property owner requests to establish zoning as R-3 Multiple Family Residential. Staff used the review criteria from the Land Use & Development Code. The property was annexed in 1980 as part of the Leeper-Erger annexation and is currently platted under the Brighton Church of Christ 1st Amendment administrative plat. The property is currently zoned C-O Commercial Office and PUD Planned Unit Development. The property is surrounded by civic, church uses to the north, residential uses to the east, south and west, and commercial uses directly to the south.
The R-3 district provides residential living in a moderate density pattern in suburban neighborhoods located in areas that have transition between lower density neighborhoods or more intense non-residential uses and where a high level of accessibility, public amenity and support services are immediately available. Row houses, apartments and senior living are a few examples of allowed uses.
Regarding the review criteria, the rezoning would help support the policies of the Comprehensive Plan. The Future Land Use portion of the Comprehensive Plan designates this area as commercial. This is intended to provide for a range of uses such as shops, restaurants, grocery stores and other commercial uses. The proposed zoning does not meet the intent of the commercial designation due to a limited right-in, right-out access along 27th Avenue, this limits the traffic that would be able to access the site from the north. Considering the multi-family development to the south, and the residential uses to the east and west, R-3 zoning would be compatible with the existing residential uses.
The proposed zoning map amendment meets other policies of this plan. In the Opportunity Areas portion of the plan, the proposed rezoning would increase the high-density residential development in the area and concentrate multi-family development near other residential uses and along a major corridor. The proposed rezoning would further fill in the already existing mixed-use corridor. As major commercial development will likely take place south of the property, the proposed zoning of this parcel as residential would add a mix of uses to the corridor, especially along the east side of 27th Avenue.
The proposed zoning map amendment advances a number of goals in the Principles, Policies & Strategies portion of the Comprehensive Plan. The property is within an area of existing infrastructure and is along an arterial roadway. Any future development will build upon the established framework of roads, utilities, and other public amenities promoting infill development and prioritizing sites that are highly visible. The zoning of this property will support the balance between residential and non-residential districts in the area. The proposed R-3 zoning would integrate into the existing mixed-use vision for the area and encourages diversity of the housing developments for the full spectrum of incomes and meets the needs of all ages and walks of life.
The proposal meets the following criteria in the Land Use & Development Code:
• The property generally meets the goals and objectives of the Comprehensive Plan.
• The property can adequately be served, and any future site developer will pay applicable costs to connect to city infrastructure.
• The development of the property as residential aligns with the character of the area and the desire for high-density residential near commercial centers and an accessible mix of land uses.
• The proposed rezoning will provide more opportunity for attainable dense residential housing.
City staff finds that this site is appropriate for residential uses given its location and based on the desires of the community as expressed in the Comprehensive Plan. Site development will occur in accordance with the applicable zone district standards in the Land Use & Development Code and at the time of site plan review, development of the property will only be permitted with a design that ensures it fits in with the context and development patterns of the area.
All postings were completed in accordance with the Land Use & Development Code and information was posted on various social media sites. A neighborhood meeting was held on June 20, 2024. Staff has not received any formal comments relating to the project. The Development Review Committee has reviewed the project and recommended approval. The Planning Commission heard the request on September 26, 2024, and unanimously recommended approval. Staff finds the zoning map amendment complies with the requirements as outlined in the Land Use & Development Code and therefore recommends approval of the Ravenfield Zoning Map Amendment.
Deb Bristol, Executive Director of the Brighton Housing Authority presented an update on the number of low-income housing units the Authority currently manages and the number of families they serve. Executive Director Bristol gave a brief history of the process to acquire the property. Marcus Pachner described the process that was done regarding community outreach for this project that began in June 2024. The 2023 housing needs assessment indicated that there will be a need for 512 units for affordable senior housing in the next ten years. This is being proposed as a senior housing only development that will take place in two phases. The second phase could be five to seven years away.
Mayor Mills asked if anyone in the audience wished to speak on behalf of or against the request.
Mary Ann Ferrie expressed concern regarding the entrance and exit being located on Purcell Street and this creating too much traffic in the Sugar Creek development. Planner Lane explained that this comment will be included in the site plan review criteria, which has not been submitted yet. Mr. Pachner explained that an entrance on Purcell would only be in Phase 2. There is only a northbound movement on 27th Avenue.
Diane Cirves expressed concern regarding the loss of the mountain views, the increased traffic in the area, decreased property values, and the increased noise, lights, and parking.
Mayor Mills asked if any correspondence had been received, there was none.
Mayor Mills asked if there were questions from City Council.
Mayor Pro Tem Padilla asked if the applicant had an idea of the size of units that would be required to make this a worthwhile investment. Executive Director Bristol explained that this project is a good fit for a 9% tax credit, and given the financial structure, about 45 units could be built for each phase. Mayor Pro Tem Padilla asked if the townhomes to the south of Purcell Street are zoned R-3 and Planner Lane stated that they are. Mayor Pro Tem Padilla asked what is the maximum height of a building in C-O zoning. Planner Lane explained that the maximum height is 40 ft. Mayor Pro Tem Padilla asked what the maximum height is allowed in a garden apartment, Planner Lane explained that it is 3 ½ stories at 45 ft. Mayor Pro Tem Padilla asked if the church is about 40 ft. tall and Planner Lane stated that it is approximately that tall. Community Development Director Holly Prather explained that the application on file states that the building height of the church is 50 ft. Mayor Pro Tem Padilla explained that under the existing zoning an apartment could be built that would match the same height, this request is not changing that impact. Mayor Pro Tem Padilla asked if the senior living has the same parking requirements as other multi-family developments, Planner Lane stated that it does. Mayor Pro Tem Padilla asked if the changes made last year by City Council to increase the parking requirements for multi-family developments would apply to this development and Planner Lane stated that is correct. Mayor Pro Tem Padilla explained that the neighborhood would not see much overflow in the parking from this development. Mayor Pro Tem Padilla asked if senior housing has less of a parking impact than other multi-family developments. Mr. Pachner explained that senior affordable housing generates low traffic, does not typically utilize all of the parking and is generally very well maintained as the residents are engaged in that process. Mayor Pro Tem Padilla referenced the Libretto housing and stated that is still beautiful and well maintained, there are not parking issues in the neighborhood.
Councilmember Johnston expressed concern that this property is next to other multi-family zoning and residential. There is land zoned all around that city that can accommodate this type of development. The neighbors that have lived in the area are told later that something will be rezoned and create more traffic. Councilmember Johnston does not support rezoning this property.
Councilmember Green asked how the owner ensures that a property becomes senior housing. Mr. Pachner explained that when they go for financing, the application is made specifically for senior housing and the deed is then restricted for that type of housing. The minimum deed restriction is for at least 35 years. Councilmember Green asked if there were any restrictions placed on the property when the Housing Authority acquired it from the church and Executive Director Bristol said there was not.
Mayor Mills asked what other building types could be built other than an office building if the zoning remains C-O. Planner Lane stated that it could be a small commercial pad site, a general commercial pad site, a live, work building, and a small commercial / mixed-use storefront could be built.
Councilmember Snyder feels this is needed and stated that there is no guarantee for views.
Mayor Mills closed the public hearing at 7:10 p.m.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Taddeo, to approve the Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
No: 1 - Councilmember Johnston
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR THE BRIGHTON CROSSING FILING NO. 2 8TH AMENDMENT SUBDIVISION, AN APPROXIMATE 33.248 ACRES OF LAND, GENERALLY LOCATED TO THE SOUTH OF LONGS PEAK STREET, NORTH OF E. BRIDGE STREET, EAST OF THE BRIGHTON CROSSING FILING NO. 1 SUBDIVISION, AND WEST OF THE SPEER CANAL, MORE SPECIFICALLY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO; AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Mills read the title of the Resolution into the record.
Mayor Mills opened the public hearing at 7:12 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 18, 2024, on the City of Brighton website) for this public hearing were completed.
Mayor Mills asked City Council if there are any conflicts of interest or any ex parte communications that need to be disclosed, there were none.
Senior Planner Nick Di Mario presented the Brighton Crossing Filing No. 2, 8th Amendment and the accompanying Development Agreement Amendment. This application was submitted prior to the adoption of the current Land Use & Development Code, so staff processed the application using the previous Land Use & Development Code. The Final Plat is for a 161-lot subdivision and approval of the Development Agreement amendment. The property is generally located to the south of Longs Peak Street, north of East Bridge Street, east of the Brighton Crossing Filing No. 1 subdivision and west of the Speer Canal. The property was annexed in 1985 and is zoned single-family detached under the Bromley Park PUD 18th Amendment. The property was originally platted in 2002 by the Brighton Crossing Filing No. 2 Final Plat. In 2018, the property was platted into ‘super-blocks’ by the Brighton Crossing Filing No. 2, 6th Amendment Final Plat. Platting into ‘super-blocks’ is a practice that is allowed by the Bromley Park Land Use Regulations. It allows the master developer to plat blocks of land into large blocks with the intent to plat those blocks into sellable lots at a future date.
The Final Plat is approximately 33.248 acres in size and contains 161-lots for single-family detached residential uses. It designates the appropriate rights of way for future roadways and dedicates easements for dry and wet utilities and tracts for landscaping. The prior Land Use & Development Code required final plats to be accompanied by development agreements, which contain obligations that are required of a developer and includes its successors and assigns that may follow the developer. When the subject property was originally platted in 2002, it was included in the original development agreement, the Brighton Crossing Filing No. 2 Development Agreement. However, when properties are replatted via a final plat amendment such as this, and there is a need to readdress the original development obligations, a development agreement is necessary. Accompanied with the final plat is the Brighton Crossing Filing No. 2 Development Agreement, 5th Amendment. Some confusion may arrive out of this as the final plat and development agreement have different names. The replating of this land has created the need to readdress the development obligations. While the plat is in its 8th revision, the development agreement is only in its 5th revision. With the other amendments to the final plat there may not have been a need to amend the development agreement. However, in this case, staff felt it was necessary to readdress the development obligations of the development agreement in order to facilitate orderly development and maintenance of the subject property. As with all other development agreement amendments, any items in the original development agreement not amended via this application will remain in full force and effect.
The development agreement amendment will hold the developer and the applicable Metropolitan Districts to the following:
• Adhere to the various Pond 308 agreements. Pond 308, the stormwater detention basin to the south of the property is not within the municipal boundary of the city. The city, the applicant and Adams County have executed multiple agreements that detail the necessary construction obligations and maintenance responsibilities over Pond 308. These agreements ensure the pond is constructed to function safely and properly and ensures the long-term maintenance of the pond.
• The developer will be required to design, construct, and maintain community mailboxes.
• Design, construct and maintain trails and sidewalks including a segment of the Speer Canal trail.
• The amendment requires the developer to provide a fee in lieu of water dedication, as is allowed by the applicable annexation agreement.
• Purchase water taps for the irrigation of landscape tracts and maintain such tracts.
• To construct future development signs that notify surrounding residents of future development and construction.
• Participate in the Capital Facility Fee Foundation with 27J Schools.
• Adhere to any provisions of the original agreement not amended by this amendment. This includes payment of impact fees, construction, inspection, and acceptance procedures.
The final plat details the phasing of the construction of the subject property. Phasing is the process by which the subdivision is separated into distinct phases of construction. The property was separated into phases 13 and 14. This is a continuation of the surrounding subdivision that stopped at phase 12. Phase 13 must occur before or concurrent with phase 14. Pond 308 is to be constructed with phase 13. No building permits will be issued until all of the construction obligations have been completed for that particular phase. The developer will be required to provide a financial guarantee to the city prior to the commencement of construction for each phase.
The Comprehensive Plan designates the property as low density residential and parks and open space. The final plat also conforms with several principles and policies. The final plat guides low density residential to an area designated for such development. It requires the developer to finance construction of the public improvements. The development agreement requires coordination between the City of Brighton, Adams County, and the applicant. The final plat contributes to the balance of non-residential and residential uses and concentrates development in an already urbanized area that can be adequately served by utilities. The final plat includes the design and construction of a trail segment that will connect to the existing Speer Canal trail creating a walkable environment to parks and schools in close proximity to the subject property. The final plat builds off of a network of existing roadways and trails creating a safe and walkable environment with residential development enhancing the streetscape.
These applications were reviewed against the prior Land Use & Development Code. Any amendment to an approved final plat that substantially differs from the previous, shall be reviewed and approved by City Council using the review criteria from Section 17-40-210. The proposed final plat complies with the aforementioned section and is in compliance with the applicable zoning regulations. The final plat is in conformance with the applicable standards of the Bromley Park Land Use Regulations including lot size, lot width and lot layout. The proposed build-out of the subject property is compatible with the surrounding neighborhood, specifically, it mimics the development pattern of the adjacent development. Pursuant to Section 17-40-220, the applicant has entered into a subdivision agreement with the city. This agreement has been partially executed and will be fully executed if approved by City Council. The infrastructure obligations required of the applicant are necessary to promote the public health, safety and welfare of the city and its residents. Any items not amended by the proposed agreement will remain in full force and effect.
Public notice was provided in accordance with the Land Use & Development Code on October 18, 2024. Notice was posted on various social media sites. Planning staff has not received any formal comments regarding this application. Staff and the Development Review Committee find that the proposed final plat and development agreement include the necessary rights of way, easements, and infrastructure improvement obligations necessary to serve current and future residents. The final plat complies with the Land Use & Development Code, the Comprehensive Plan and the applicable zone district. Staff recommends approval of the Brighton Crossing Filing No. 2, 8th Amendment Final Plat and the Brighton Crossing Filing No. 2 Development Agreement 5th Amendment.
Mayor Mills asked if the applicant would like to add anything to the presentation.
Matt Hailey with Brookfield stated that Brighton Crossing is a longtime legacy project in the city and Brookfield is actively trying to get the projects completed. This includes the construction of the park, which is a high priority.
Mayor Mills asked if anyone in the audience wished to speak on behalf of or against the request.
AJ Hermann is pleased that there will not be a street added to Longs Peak Street but expressed concern that there was no mention of improvements to crosswalks and speed bumps near Padilla elementary school. Will there be improvements to the crosswalks on Bridge Street and what is the status of Venture Park. Planner Di Mario explained that the property has been platted a couple times, but there will only be two streets onto Longs Peak Street. There will be a roundabout so that should help with speed in the area around Padilla elementary. Mr. Hailey explained that there have been negotiations regarding the IGA for the park, the hope is to finish the park by the second quarter of 2025.
Michael Lewis expressed concern that there is no entry point onto Bridge Street. The infrastructure is not sufficient to handle this many homes being built in the area.
Amanda Lewis is pleased that this will be single family homes and not apartments, but expressed concern that all these homes will have only two exits onto Longs Peak Street and there is no exit onto Bridge Street. There are issues with the school zone needing to be extended to accommodate the additional traffic in the area. Planner Di Mario explained that a vast portion of Golden Eagle is not annexed into the city, which creates an issue. The applicant has met with staff to go over pre-application conferences and it is the belief of staff that a submittal of annexation is imminent. Mr. Hailey explained that they are working to complete the application for annexation which will finish the Speer Canal trail extension to Bridge Street.
Mayor Mills asked if any correspondence had been received, there was none.
Mayor Mills asked if there were questions from City Council.
Councilmember Green expressed concern regarding the Bridge Street access, the traffic on the frontage road, and asked if there is a plan for a stoplight at Prairie Falcon. Without having approval from Adams County, it does not feel like this traffic plan is planned well. A representative from Brookfield explained that the property to Bridge Street is owned by the City of Brighton so there is not a need to go through the annexation process with Adams County. Traffic signal work analysis is being done on Bridge Street for another project to determine if traffic measures are met to require signalization at that intersection. Staff is working with Brookfield regarding language in the subdivision plan to ensure that the signal will get constructed if and when signal warrants require it. Councilmember Green asked if Brookfield is committing itself to building Golden Eagle Parkway to Bridge Street. Will explained that they are working with the city on annexation to take city-owned land so Brookfield can progress a future plan to connect North Golden Eagle to Bridge Street. Planner Di Mario explained that the annexation request has not been submitted to staff at this time, but the construction of North Golden Eagle Parkway will be a requirement that is enforced by the city.
Mayor Mills asked if the developer will be required to construct Golden Eagle Parkway. Planner Di Mario explained that the main intent of the annexation will be the construction of North Golden Eagle Parkway to Bridge Street. This will be a requirement that the city enforces on the annexation.
Mayor Pro Tem Padilla expressed concern that sufficient improvements have not been made to Bridge Street, east of 50th Avenue to accommodate the pedestrian trail traffic and the vehicle traffic in this area. This neighborhood will not be successful and safe if Longs Peak Street is the primary exit to either 50th Avenue or 60th Avenue to the Frontage Road. There is not a good enough plan to move forward with this development. This is the last opportunity for review to finalize these plans. Without having the Golden Eagle access resolved, Mayor Pro Tem Padilla may not be able to approve the final plat. Mayor Pro Tem Padilla asked if the agreement for Venture Park has been signed and Mr. Hailey stated that it has been singed and work will begin in November. Mayor Pro Tem Padilla asked where Venture Park is located and Planner Di Mario explained that it is located north of Padilla elementary.
Councilmember Johnston feels it is dangerous to drive to Padilla elementary and would like to consider continuing this item until the roadway has been annexed and there is a better traffic plan presented.
Councilmember Snyder stated that he would like to see the roadway and traffic signal plans before this is considered by Council.
Mayor Mills closed the public hearing at 7:49 p.m.
Motion by Councilmember Johnston, seconded by Councilmember Green, to continue the Resolution to December 17, 2024. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
Mayor Mills called for a break at 8:01 p.m.
Mayor Mills reconvened the meeting at 8:14 p.m.
7. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FOURTH AMENDMENT TO THE COMPREHENSIVE FUNDING PLAN, MASTER DEVELOPMENT AGREEMENT, PRE-ANNEXATION AGREEMENT, AND INTERGOVERNMENTAL AGREEMENT FOR PRAIRIE CENTER, BRIGHTON, COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE THE FOURTH AMENDMENT ON BEHALF OF THE CITY
Mayor Mills read the title of the Ordinance into the record.
City Attorney Alicia Calderón presented the Fourth Amendment to the Comprehensive Funding Plan, Master Development Agreement, Pre-Annexation Agreement, and Intergovernmental Agreement for Prairie Center. City Attorney Calderón gave a brief history of the agreement and its purpose. The original agreement contemplated that the Prairie Center Metropolitan District would install, own, and operate the non-potable distribution lines and infrastructure. This amendment will transfer ownership, and the city will now own and operate Lutz reservoir for the city-operated non-potable water distribution system. The city will build the connection from the Lutz parcel to the existing non-potable lines. The amendment establishes that certain improvements made to Lutz Reservoir will be eligible for reimbursement. The agreement requires the city to complete the reservoir pump station and serve non-potable water within three years, and dedicates the existing non-potable distribution system to the city in an “as-is” condition. The amendment finalizes the details for conveyance of the Lutz parcel, including the reservoir, to meet open space dedication requirements. The construction of public trails within and adjacent to the Lutz parcel will be completed within one year and opened to the public as open space. The Lutz parcel will be available to use for city purposes.
Motion by Councilmember Johnston, seconded by Councilmember Worth, to approve the Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING ARTICLES 1 AND 2 OF THE LAND USE AND DEVELOPMENT CODE TO ADD ENFORCEMENT MECHANISMS FOR VIOLATIONS OF THE LAND USE AND DEVELOPMENT CODE AND OTHER RELATED MATTERS
Mayor Mills read the title of the Ordinance into the record.
Motion by Councilmember Green, seconded by Councilmember Johnston, to approve Ordinance 2456. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING A PERPETUAL EXCLUSIVE EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO OVER A PORTION OF REAL PROPERTY GENERALLY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID EASEMENT ON BEHALF OF THE CITY
Mayor Mills read the title of the Ordinance into the record.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Taddeo, to approve Ordinance 2457. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Pawlowski, Councilmember Snyder, Councilmember
Taddeo, and Councilmember Worth
No: 1 - Councilmember Johnston
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING A PERPETUAL NON-EXCLUSIVE EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO OVER A PORTION OF REAL PROPERTY GENERALLY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID EASEMENT ON BEHALF OF THE CITY
Mayor Mills read the title of the Ordinance into the record.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to approve
Ordinance 2458. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
No: 1 - Councilmember Johnston
9. RESOLUTIONS
10. UTILITIES BUSINESS ITEMS
11. GENERAL BUSINESS
Councilmember Johnston left the meeting at 8:32 p.m.
12. REPORTS
A. By the Mayor
Mayor Mills attended the Highway 7 Coalition meeting, the ribbon cutting for the New Home Company, the Metro Mayors Habitat Build day, the multi-Chamber tailgate, the ADCOG dinner, and the CIRSA luncheon. The Youth Image Summit is tomorrow, and the Youth Commission will be receiving a philanthropic award on Thursday.
B. By Department Directors
C. By the City Attorney
City Attorney Alicia Calderón reported that she will be out of the office and Deputy City Attorney Yasmina Gibbons will be acting City Attorney.
D. By the City Manager
City Manager Michael Martinez presented the Board & Commission Vacancy Update, announced that there will not be a Study Session in November, and recognized Ryan Smith for receiving the Parks Professional of the Year award.
E. By City Council
Councilmember Worth attended the ADCOG dinner and the AC-REP meeting. The Youth Summit is tomorrow.
Councilmember Green attended the ribbon cutting for StarBuds, and the 27J Schools Talon Ridge Middle School groundbreaking. The Almost Home food drive is taking place now and the Adams County Sheriff’s Operation Free Bird will be handing out meals.
Councilmember Taddeo attended the Legacy Foundation meeting, the StarBuds ribbon cutting, and the Bee and Thistle and Wolf and Honey ribbon cuttings.
Mayor Pro Tem Padilla attended the StarBuds ribbon cutting, and the Eagle View Adult Center craft fair. The Image Summit is tomorrow, and Saturday is the Almost Home Chili Cookoff.
Councilmember Fiedler attended the multi-Chamber tailgate.
Councilmember Snyder attended the Chamber breakfast and the Civic Academy.
13. EXECUTIVE SESSION
Roll call done by City Clerk Hoel at the request of Mayor Pro Tem Padilla.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Green, to go into Executive Session at 8:43 p.m. for negotiations and legal advice pursuant to C.R.S. Section 24-6-402(4)(b) and (e) and City Charter 5.4(C)(1) and (3). Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
Absent: 1 - Councilmember Johnston
Mayor Mills reconvened the meeting at 9:31 p.m.
14. ADJOURNMENT
Mayor Mills adjourned the meeting at 9:32 p.m.
CITY OF BRIGHTON, COLORADO
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Gregory Mills, Mayor
ATTEST:
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Natalie Hoel, City Clerk
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Approval Date