Department of Community Development
Reference: Brighton Crossing Filing No. 2 - 8th Amendment Final Plat and Development Agreement Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, AICP, Senior Planner
Date Prepared: November 27, 2024
CONTINUATION FROM NOVEMBER 4th MEETING
The Brighton Crossing Filing No. 2 8th Amendment Final Plat (the “Property”) and the Brighton Crossing Filing No. 2 Development Agreement 5th Amendment (the “Agreement Amendment”) were presented to the City Council at the November 4th meeting. A motion was made to continue the item to find a better roadway plan that connects the Property to E. Bridge Street via N. Golden Eagle Parkway.
The Agreement Amendment will now require the Applicant to design and construct a N. Golden Eagle Parkway connection to E. Bridge Street. As noted at the November 4th meeting, the portion of N. Golden Eagle Parkway that would ultimately connect to E. Bridge Street is not within the City limits of the City of Brighton. As such, the Agreement Amendment also requires the Applicant to receive permission from Adams County to construct the un-annexed portion of roadway to City standards, as well as to have the roadway annexed as a condition of final construction acceptance. As the construction documents do not include the construction of the un-annexed portion of N. Golden Eagle Parkway, the Agreement Amendment also requires the Applicant to submit a change order to the City detailing such design and construction prior to the release of a development permit for the Property.
At the November 4th meeting, the Property was presented to City Council in two phases. At the time, the phases were defined as Phases 13 and 14 (“Phases 13 and 14”), building off of the prior 12 phases of the Brighton Crossing Filing No. 2 subdivision. The Agreement Amendment consolidates former Phases 13 and 14 into one phase (“Consolidated Phase 13”). Henceforth, all public improvements referenced in the Agreement Amendment and the prior staff report, including the remainder of N. Golden Eagle Parkway to E. Bridge Street, will be required to be completed as a part of Consolidated Phase 13. Additionally, no residential building permits will be issued until all public improvements, including the remainder of N. Golden Eagle Parkway are completed.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the addition of the requirement to design and construct N. Golden Eagle Parkway from Longs Peak Street to E. Bridge Street meets the intent of the motion that was made at the November 4th meeting. Staff is, therefore, recommending approval of the proposed Final Plat and Agreement Amendment. Staff has drafted a resolution for approval if the City Council agrees with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has three (3) options when reviewing this application. City Council may:
1.) Approve the Final Plat and Agreement Amendment by resolution as drafted;
2.) Approve the Final Plat and Agreement Amendment and modify the resolution; or
3.) Deny the Final Plat and Agreement Amendment with specific findings to justify the denial.
ATTACHMENTS
● Draft City Council Resolution
● Draft Development Agreement Amendment
● Brighton Crossing Filing No. 2 Development Agreement (the original agreement)
● Previous Staff Report from November 4th Meeting
● Aerial Map by City Staff
● Proposed Final Plat by Applicant
● Previous Land Use and Development Code Sections 17-40-210, 220 and 250
● Bromley Park Land Use Regulations
● Neighboring Property Owner Notification
● Neighboring Property Owner Mailing Buffer Map
● Affidavit of Sign Posting
● Website Notice
● Website Notice Posting Proof
● Previous Draft Staff Presentation from the November 4th Meeting
● Draft Staff Presentation