Department of Community Development
Reference: Brighton Crossing Annexation Substantial Compliance
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Stephanie Iiams, AICP Candidate, Associate Planner
Date Prepared: June 11, 2025
INTRODUCTION / PURPOSE
To proceed with the annexation of the Brighton Crossing property, the City of Brighton (the “City”) City Council must find that the Annexation Petition is in substantial compliance with the requirements set forth in the Municipal Annexation Act, C.R.S. § 31-12-101, et seq. (the “Act”), and consider a resolution to approve said Annexation Petition. If the resolution is adopted, a date, time, and place for a public hearing must be set, at least thirty (30) days and no more than sixty (60) days after the effective date of the resolution, to determine if the request for annexation meets the requirements of the Act.
BACKGROUND
The Annexation Petition, requesting annexation of an approximately 7.712-acre property, to be known as the Brighton Crossing Annexation (the “Property”), was submitted to the City on November 12, 2024. The Annexation Petition is signed by Peter Lauener on behalf of Brookfield Residential LLC, the owner of the Property (the “Owner”). Sue Sibel with Dewberry is acting as the applicant (the “Applicant”) on behalf of the Owner. The Property is generally located to the north of East Bridge Street, south of the future Royal Pine Street, east of the future Golden Eagle Parkway alignment, and west of I-76. The Property is currently zoned A-3 (Agriculture-3) through Adams County. The Property is 46.80% contiguous with the existing Brighton city limits.
PROCESS
The City Council must determine whether the Annexation Petition complies with Section 31-12-107 of the Act. If City Council determines that the Annexation Petition is in substantial compliance with the statutory requirements, the following procedure shall apply:
1. City Council passes a resolution finding substantial compliance and setting a public hearing (30 to 60 days after the effective date of the resolution) to decide if the proposed annexation meets the statutory requirements (a draft resolution is attached).
2. Staff prepares and publishes a Notice of Public Hearing.
3. City Council holds a public hearing.
REQUIREMENTS OF AN ANNEXATION PETITION
An annexation petition must include the following:
1. Annexation petition filed with the City Clerk.
2. An allegation that it is desirable and necessary that such area be annexed to the City.
3. An allegation that the requirements of Sections 31-12-104 and 31-12-105 of the Act exist and/or have been met.
4. An allegation that the signers of the Annexation Petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys owned by the City.
5. A request that the City approve the annexation of the area proposed for annexation.
6. The signatures of the landowners.
7. The mailing address of each signer.
8. The legal description of the land owned by each signer.
9. The date of signing of each signature.
10. An affidavit of each circulator of such annexation petition that each signature therein is the signature of the person whose name it purports to be.
11. The following must be attached to the annexation petition:
a. A written legal description of the boundaries of the area proposed to be annexed.
b. A map showing the boundary of the area proposed to be annexed.
c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks.
d. Next to the boundary of the area proposed for annexation, a drawing of the contiguous boundary of the City and the contiguous boundary of any municipality abutting the area proposed to be annexed.
PUBLIC NOTICE AND COMMENT
Publication and notification of the future public hearing, should it be deemed appropriate by the City Council, will be provided to all applicable entities as required by C.R.S. § 31-12-108.
SUMMARY OF FINDINGS AND CITY STAFF RECOMMENDATION
City staff finds that the attached Annexation Petition meets the requirements outlined in § 31-12-107 of the Act for substantial compliance and proposes that October 7, 2025, is an appropriate date for the public hearing on the Annexation Petition. Additionally, this proposed annexation complies with the Be Brighton Comprehensive Plan as the Property is within the City’s growth boundary and there is adequate infrastructure to serve the Property. A draft resolution has been attached for the City Council’s consideration.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has the following two options to consider:
1.) Approve the Resolution finding the Annexation Petition substantially complies with the requirements of the Act and set the date for the public hearing; or
2.) Deny the Resolution and provide specific findings to justify the denial.
ATTACHMENTS
• Draft Resolution of Substantial Compliance
• Applicant’s Annexation Map (Exhibit B to the Resolution)
• Applicant’s Annexation Petition (Exhibit C to the Resolution)
• City Staff’s Aerial Map
• Draft City Staff Presentation