Department of Community Development
Reference: Brighton Crossing Annexation
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: September 3, 2025
INTRODUCTION / PURPOSE
In order to proceed with the annexation of the Brighton Crossing property, the City of Brighton (the “City”) City Council must conduct a public hearing, approve a resolution for annexation eligibility, 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 in accordance with the applicable laws of the State of Colorado for the annexation of property. See the attached City Council Resolution 2025-56 for further information. In Resolution 2025-56, City Council set the public hearing for this annexation for October 7, 2025.
City Council must now hold a public hearing and consider whether constitutional and statutory (C.R.S. §31-12-104 and §31-12-105) requirements have been met. If approved, 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 (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). A separate application to rezone the Property to a City zoning 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 and final plat will be required before any development can occur on the site.
BACKGROUND
The Petition before the City Council is for an approximately 7.712-acre property, to be known as the Brighton Crossing Annexation (the “Property”). The Property is comprised of 2 (two) unplatted and yet to be annexed parcels. The Property is generally located to the north of East Bridge Street, south of the future Royal Pline Street, east of the future Golden Eagle Parkway alignment and west of I-76 and is currently zoned A-3 (Agriculture-3) through Adams County. The 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 Owners. The Property is 46.80% contiguous with the existing Brighton city limits.
Surrounding Land Use(s):
|
Surrounding Direction |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Single Family Detached |
BPK PUD 20th Amendment |
City of Brighton |
|
South |
Drainage |
Agriculture-3 (Adams County) |
Unannexed |
|
East |
Drainage |
Agriculture-3 (Adams County) |
Unannexed |
|
West |
Single Family Detached |
BPK PUD 20th Amendment |
City of Brighton |
CRITERIA BY WHICH THE 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 Petition. 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., C.R.S.
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 the LUDC.
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
Land Use & Development Code:
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 Petition 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 map in Be Brighton, the City’s Comprehensive Plan, designates the majority of the Property as Mixed Use Commercial, with a small portion as Open Space. However, the proposed rezoning to Single Family Detached is appropriate given the site's context. The surrounding area is predominantly developed with single-family residential neighborhoods, and the proposed zoning provides a natural and compatible extension of this pattern. It ensures continuity in building form, scale, and intensity, while also serving as a transitional buffer to a commercial center located to the west. A stormwater pond located directly adjacent to Bridge Street separates the site from direct frontage, significantly limiting visibility and access, which further diminishes its suitability for commercial development. Given the site's physical setting and surrounding land uses, the Mixed-Use Commercial designation is not practical in this location. The current zoning code requires a level of intensity and mix of uses that would be incompatible with the adjacent low-density residential development. As such, the proposed rezoning reflects a context-sensitive approach that supports neighborhood character and facilitates orderly, appropriate growth.
The proposed zoning meets other policies and strategies of the Comprehensive Plan. Within Chapter Four on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map Amendment advances a number of these goals:
Policy 1.1 - New Growth Should Favor Existing Areas of Infrastructure Investment and Planning
The Property is within an area of existing infrastructure and is along a major arterial roadway. Any future development will be built upon the established framework of roads, utilities, and other public amenities.
Policy 2.1 - Brighton Will Continue to Develop in a Self-Sufficient and Sustainable Manner (Live, Learn, Work, Shop and Play) with an Appropriate Balance between Residential and Non-Residential Uses
The proposed rezoning to Single Family Detached supports Policy 2.1 by contributing to a balanced land use pattern that promotes self-sufficiency and sustainability. While the broader area includes established commercial and recreational amenities, such as the commercial center to the west and nearby parks and open space, the addition of low-density residential development helps create a complete community where residents can live near where they shop, work, and play. This context-sensitive approach maintains an appropriate mix of uses and supports the long-term goal of livable, well-integrated neighborhoods.
Policy 6.2 - Ensure Residential Lots and Architecture Enhance the Street
The proposed Single Family Detached zoning supports Policy 6.2 by promoting residential lot sizes, building orientation, and architectural standards that contribute to an attractive and engaging streetscape. This approach fosters a welcoming public realm and reinforces the City's goal of high-quality residential design.
Policy 6.4 - Encourage the Enhancement of and Reinvestment in Existing Neighborhoods
The proposed rezoning to Single Family Detached supports Policy 6.4 by reinforcing the character and continuity of nearby established neighborhoods. By extending similar residential development patterns, the plan encourages reinvestment in the area and strengthens neighborhood identity. The addition of compatible housing types can increase overall housing stability, support nearby amenities, and promote long-term neighborhood vitality through context-sensitive growth.
Policy 8.1 - Encourage Redevelopment of Strategic Areas and Promote Infill Development
The proposed rezoning to Single Family Detached supports Policy 8.1 by promoting infill development within an area already served by infrastructure and adjacent to existing neighborhoods. The site’s high visibility from I-76 presents an opportunity for context-sensitive development that enhances the community’s image while making efficient use of land and public resources. By filling in a gap within the urban footprint, the project contributes to a more compact and connected community, consistent with the City’s goals for sustainable redevelopment and strategic land use.
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 City of Brighton Municipal Code, Bromley Park Land Use Regulations, and the LUDC.
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 services will be extended to the Property by the developer. As mentioned above, development of the land will pay its own way and 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 City utilities and facilities. At the time of development, the developer shall be required to submit technical engineering studies to ensure the appropriate amount of infrastructure is or will be present.
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.
As the Property is predominantly surrounded by single-family residential neighborhoods, it is important that future development occurs in a manner that is consistent with the surrounding area. If annexed, development will be subject to City standards that ensure compatibility with surrounding land uses, building design and transportation patterns.
Development Review Committee (DRC):
The Brighton Crossing Property is an unannexed enclave. Annexing the Property will allow for cohesive urban development and uniform public safety and utility services in the area. The Brighton Crossing Property annexation complies with the C.R.S. §31-12-104 through 110. The Property is 46.80% contiguous with City limits, which meets the “Community of Interest” provision. The Property may be urbanized and is capable of integration within the City as utility lines are adjacent to the Property. Additionally, the annexation request complies with all the applicable criteria as outlined in the LUDC.
PUBLIC NOTICE AND COMMENT
Publication of the public hearing and notice of the public hearing have been provided to all applicable entities as required by C.R.S. § 31-12-108. The notice of public hearing was published in the Brighton Standard Blade on September 11, 18, and 25, as well as October 2, 2025. A copy of the published notice, resolution of substantial compliance, and petition as filed with the City was sent by registered mail to the Board of County Commissioners of Adams County, the County Attorney, School District 27J, the Central Colorado Water Conservancy District, Brighton Fire Rescue District, Rangeview Library District, Regional Transportation District, Urban Drainage and Flood Control District, and Urban Drainage South Platte.
Notice was mailed to all property owners within 1000’ of the Property on September 22, 2025. One (1) sign was posted on the Property on September 22, 2025. As of the date of this report, the City staff has not received any formal comments regarding the proposed annexation.
SUMMARY OF FINDINGS AND CITY 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, each with four options:
Resolution of Annexation Eligibility
City Council may:
1. Approve the Resolution as drafted;
2. Approve a modified 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.
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
• Annexation Map by Applicant
• Newspaper Proof of Publication
• Resolution 2025-56 (Substantial Compliance)
• Draft City Staff Presentation