Department of Community Development
Reference: Magpie Property Annexation Agreement
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, Associate Planner
Date Prepared: August 30, 2022
PURPOSE
In order to continue with the annexation process, the City Council should proceed with the approval of an Annexation Agreement. An annexation agreement identifies general terms, applicable and adopted city codes, ordinances, and master plans that will apply to the future development of the property.
In review, annexation is regulated by the Colorado Revised Statutes and is a four-step process with the steps as follows:
1.) Petition Accepted by City Council via a Substantial Compliance Resolution
2.) Findings of Fact via an Annexation Eligibility Resolution
3.) 1st Reading of an Annexation Ordinance with a Public Hearing
4.) 2nd Reading of an Annexation Ordinance
o An Annexation Agreement may be approved via a Resolution at this time
A Petition for Annexation (“Petition”) was accepted by the City Council at a regular meeting held on July 5, 2022, and City Council found that the Petition was in substantial compliance with the applicable laws of the State of Colorado. See the attached City Council Resolution #2022-78 for further information. By this Resolution, the City Council set the public hearing for this annexation for August 16, 2022.
On August 16, 2022, the City Council held the required public hearing, approved the Findings of Fact via an Annexation Eligibility Resolution (see the attached City Council Resolution #2022-92 for further information), and approved both the Annexation Ordinance and Zoning Map Amendment Ordinance on first reading.
If the Annexation Ordinance is approved on second and final reading, City Council may then make a determination on a Resolution to approve the Annexation Agreement.
STRATEGIC FOCUS AREAS
● Recognizable and Well-Planned Community
BACKGROUND
The Property is approximately 95.105 acres and is generally located to the north of East 152nd Avenue and east of Burlington Northern Santa Fe Railroad (the “Property”). It is owned by Roger Allgeier of Magpie Run Properties LLC., Connie Surabian, Lazarus Surabian, Ryan Steel, Stacey Wenzel Steel, and Betty Mathis (the “Owners,”). Madison Jones with Lovett Industrial is the applicant (the “Applicant”) acting on behalf of the Owners.
The Property is currently zoned A-3 (Agriculture 3) through Adams County and the Applicant has submitted for a zoning map amendment with the City. The Property is 22.8% contiguous with the existing Brighton city limits. The City of Brighton’s Comprehensive Plan designates the Property as Agriculture and Natural Resource Conservation. If this property is to be annexed, and eventually zoned, the Future Land Use map of the Comprehensive Plan will be amended to reflect the new designation of the property.
Annexation is the first step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). If the annexation is completed, City Council can move forward with finalizing the zoning of the Property. As a separate agenda item on August 16, 2022, the City Council approved the rezoning on first reading, and on October 4, 2022, the City Council will have the final reading of the rezoning ordinance before it. In the future, a subdivision plan will be brought before the City Council.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
The purpose of an Annexation Agreement is to generally identify the terms and adopted City Codes, Ordinances, and Master Plans that will apply to the development of the Property. It is necessary to review the agreement through the lens of any possible future user as this Annexation Agreement will be tied to the land in perpetuity. Annexation agreements contain development obligations that are generally broad and development agreements that accompany a final plat are more detailed as more information is known about the lot size, possible users, etc. Terms specific to infrastructure items of the Magpie Property Annexation Agreement will be as follows:
Transportation. In conformance with the Land Use and Development Code as well as the City’s adopted Transportation Master Plan, the Annexor will dedicate right-of-way for E. 152nd Avenue, also known as E. Bromley Lane within city limits, and an easement for a trail running east-west through the Property at the time of a final plat. The agreement outlines possible improvements to E. 152nd Avenue that will be further determined at the time of a final plat and with the accompanying development agreement. Additionally, the agreement outlines design, construction and financial contributions to the east-west bound Interstate 76 Flyover and intersection signalization at E. Bromley Lane and Frontage Road, and the northbound and southbound ramps of Interstate 76. The development may seek reimbursement from traffic impact fees for the noted improvements.
Utility Service and Stormwater. In conformance with the Municipal Code and the Land Use & Development Code with regards to Water, Stormwater and Sewer Connections, the City agrees to provide water and sewer service to the property as long as the Annexor constructs all infrastructure needed to bring those services to the property. Additionally, the developer may be responsible for upsizing any lift stations and utility infrastructure if there is not sufficient capacity for the development. The developer may seek reimbursement for the cost of materials relating to upsizing and upgrades.
Zoning. In conformance with the Municipal Code, the Land Use & Development Code, and the Comprehensive Plan, the City agrees to consider Owners’ proposal for Light Industrial (I-1) zoning of the property.
STAFF ANALYSIS
In breaking down the Annexation Agreement, Sections I through IX are boilerplate and have been used for all recent annexation agreements. These sections outline general obligations for future development of any use on any property within City limits. Exhibit A calls out the boundaries of the subject property of annexation, and Exhibit B and C are templates used in all recent annexation agreements dealing with water. The section of the agreement that is used to focus on the subject property is Exhibit D titled, Special Provisions, and this is the section that is most discussed and edited between the parties in preparation of a draft to present to the City Council.
Exhibit D outlines the following terms (summary):
● The Annexor/Developer:
o Shall dedicate and construct right of way for E. Bromley Lane;
o Shall construct necessary access points to the Property;
o Shall dedicate all right of way necessary for a trail running east-west along southern side of the Property;
o Shall financially contribute their pro-rata share of the design and construction of the Interstate 76 flyover;
o Shall design and construct signalized intersections to their interim conditions at E. Bromley Lane and Frontage Road and the northbound and southbound ramps of Interstate 76;
o Shall design and construct water, sewer, and storm facilities and upsizing if need be;
o Shall coordinate the cost, design and construction associated with any floodplain map revisions or amendments;
o Shall provide appropriate dedication, or fee in lieu of dedication, of open space;
o Shall work with any adjacent property owner(s) for future access;
o Shall meet the City’s water dedication requirements;
o Shall construct connections to water, sewer, and stormwater facilitates;
o Shall underground adjacent overhead utility lines at the time of development;
o Shall install adjacent street lighting at the time of development;
o Acknowledge that zoning is a separate and distinct procedure governed by the Land Use & Development Code;
o Acknowledge the requirement of a subdivision plan prior to any platting of the land, and that said platting will be accompanied by a development agreement;
o Acknowledge that coordination between the Colorado Department of Transportation and the Burlington Northern Santa Fe Railroad, as well as all other applicable external agencies will be required to obtain all appropriate permissions and permits prior to the development of the property.
As with any annexation, a number of the above items are left broad as these will be narrowed down at the time of final plat and outlined in depth in the accompanying development agreement. At the time of final plat and site development, more information is known about future site users and accompanying reports will be used to tailor improvements to the intensity of site users. Annexation agreements are purposely left broad as the current Owners could sell the property and the annexation agreement will still be tied to the Property.
STAFF RECOMMENDATION
City staff finds that the Annexation Agreement is in line with City codes, plans, and policies and therefore recommends approval via Resolution. The Development Review Committee, Owners, and Applicant agree with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Annexation Agreement application. City Council may:
1.) Approve the Annexation Agreement by Resolution as drafted;
2.) Approve a modified Annexation Agreement by 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.
ATTACHMENTS
● Draft Resolution for Approval of the Annexation Agreement
● Draft Annexation Agreement
● Aerial Map by City Staff
● Annexation Map by Applicant
● Resolution 2022-78 (Substantial Compliance)
● Resolution 2022-92 (Findings of Fact / Annexation Eligibility)
● Draft City Staff Presentation