Department of Community Development
Reference: Peters Annexation Agreement
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: January 10, 2025
PURPOSE
To consider a resolution approving an annexation agreement for the Peters (the "Annexation Agreement” or the “Agreement”).
The 2.859-acre property (the “Property”) is generally located to the north of East Bromley Lane, south of Southern Street, east of Tower Road and west of the South 45th Avenue alignment. Kevin Lovelace with LJA Engineering is the project contact working on behalf of the Property owner and annexor, William E. Peters (the “Annexor”). The Property is 100% contiguous with the existing Brighton city limits. The City of Brighton’s Comprehensive Plan, Be Brighton, designates the Property as Mixed Use Residential.
A Petition for Annexation (the “Petition”) was accepted by the City Council at a regular meeting held on December 3, 2024, at which time the City Council found that the Petition was in substantial compliance with the applicable laws of the State of Colorado. See attached City Council Resolution No. 2024-93 for further information. On January 21, 2025, City Council held a public hearing and approved at first reading both the Annexation Ordinance and Zoning Map Amendment Ordinance.
OVERVIEW OF ANNEXOR’S OBLIGATIONS UNDER THE ANNEXATION AGREEMENT
The purpose of an annexation agreement is to outline the terms, conditions, and applicable City codes, ordinances, and master plans that will govern the development of the Property. It is important to review the Annexation Agreement from the perspective of potential future users, as the Annexation Agreement will run with the land indefinitely. These types of agreements contain broad development obligations. As the Property progresses through the development process, obligations will become more specific and be formalized in development agreements that accompany the final plat.
Terms specific to infrastructure items of the Peters Property Annexation Agreement are as follows:
Transportation. In conformance with the Land Use & Development Code, as well as the City’s Transportation Master Plan, the Annexor will dedicate right-of-way necessary to allow for the extension of South 45th Avenue as a Collector Street section. The Agreement outlines improvements to both South 45th Avenue and East Bromley Lane that will be further determined at the time of a final plat and in the accompanying development agreement. Additionally, the Annexation Agreement outlines construction and financial obligations at the intersection of South 45th Avenue and East Bromley Lane, including improvements to the existing traffic signal. At the time of development, the Annexor shall construct the necessary access point(s) to the Property, underground adjacent overhead utility lines, and install adjacent street lighting.
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 utility infrastructure if there is not sufficient capacity for the development. A non-potable water system will also be required internal to the site at the time of development. Water dedication shall be satisfied at the time of site plan, or at such other time as may be required by the Municipal Code, as amended.
Zoning. In conformance with the Municipal Code, the Land Use & Development Code, and the Comprehensive Plan, the City agrees to consider the proposal for C-3 (General Retail & Services), zoning of the Property.
Fees. In conformance with the Municipal Code, the Land Use & Development Code, and any other relevant fee resolutions in effect at the time of development, the Annexor shall provide appropriate dedication, or fee-in-lieu of dedication, of parks and open space. The Annexor is aware of the School District 27J Capital Facility Fee required with residential development.
STAFF RECOMMENDATION
City staff finds that the Annexation Agreement is in line with City codes, plans, and policies and, therefore, recommends approval.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has three options when reviewing this Annexation Agreement application. City Council may:
1.) Adopt the Resolution approving the Annexation Agreement;
2.) Adopt a modified resolution approving the Annexation Agreement; or
3.) Deny the Resolution with specific findings to justify the denial.
ATTACHMENTS
● Draft Resolution Approving the Annexation Agreement
● Draft Annexation Agreement
● Aerial Map by City Staff
● Annexation Map
● Resolution 2024-93 (Substantial Compliance)
● Resolution 2025-06 (Findings of Fact / Annexation Eligibility)
● Draft City Staff Presentation