Department of Community Development
Reference: First Amendment to the Brighton Crossing Filing No. 6 Development Agreement
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, AICP, Senior Planner
Date Prepared: September 10, 2024
INTRODUCTION
The First Amendment to the Brighton Crossing Filing No. 6 Development Agreement (the “First Amendment”) impacts an approximately 63.821-acre property, generally located at the northeast corner of the intersection of S. 40th Avenue and Southern Street, south of Fire Station 52, and west of Mt. Elbert Street, commonly referred to as Brighton Crossing Filing No. 6 (the “Property”). Brookfield Residential LLC is the applicant and owner of the Property (the “Applicant”).
The original development agreement approved by the City included the requirement to construct a northbound right turn lane to its interim condition at the intersection of S. 40th Avenue and E. Bridge Street. Simultaneously with the construction of the Property, the City has been in the process of expanding the portion of E. Bridge Street north of the Property (the “Bridge Street Widening Project”). Included in the Bridge Street Widening Project is the construction of the northern portion of S. 40th Avenue that includes the same northbound right turn lane, but to its full condition. Due to this, the City and the Applicant met to discuss the obligation and the best path forward for its construction. It was determined that since the City has planned to construct the northern portion of S. 40th Avenue to its full condition, City staff was willing have conversations around the provision of cash-in-lieu rather than the physical construction of the interim right turn lane. Beyond that, it was also determined that, rather than removing an interim condition turn lane immediately after its construction, it was more efficient for the City to construct the turn lane to its full condition. As such, the Applicant is requesting to amend the Brighton Crossing Filing No. 6 Development Agreement to allow cash-in-lieu of the construction to the City.
The construction of the turn lane, included in the Bridge Street Widening Project, will be occurring within the next few months. As of the date of this memorandum, the Applicant is actively working towards their required construction inspections for the first phase of the development, and the Property cannot move forward with building permits until all of the applicable development obligations have been met. If this proposal is to be approved, all other development obligations not amended will need to be met prior to construction acceptance.
BACKGROUND / PROCESSES
The final plat for the Property was approved in August 2023 by Resolution No. 2023-79 and included the Brighton Crossing Filing No. 6 Development Agreement recorded on November 14, 2023, at Reception No. 2023000063863 (the “Agreement”). As the Agreement was approved by the City Council, any amendments shall be reviewed by City Council with a resolution to approve or deny the request.
Surrounding Land Use(s):
STAFF ANALYSIS
The First Amendment details the requirement of the Applicant to provide a cash-in-lieu payment to the City, in lieu of the design and construction of the interim right turn lane. Staff and the Applicant met multiple times to discuss the parameters of the First Amendment, and the amount of the cash-in-lieu was agreed upon using estimates from the Applicant, as well as bid amounts from the City related to the Bridge Street Widening Project.
AMENDMENT PROVISIONS
The First Amendment proposes:
1. South 40th Avenue. The Agreement details the requirement to dedicate right-of-way for, and design and construction of the portion of S. 40th Avenue from Southern Street to the northern boundary of the Property, as well as design and construction of the northbound right turn lane at the intersection of S. 40th Avenue and E. Bridge Street to an interim condition.
a. The First Amendment maintains the provision to dedicate and construct the S. 40th Avenue right-of-way adjacent to the Property; however, it excepts the portion of S. 40th Avenue that contains the interim northbound right turn lane at the intersection with E. Bridge Street. Instead, the First Amendment allows for a cash-in-lieu payment to be provided to the City, rather than the design and construction of the interim northbound right turn lane.
2. Cash-In-Lieu Payment. Upon approval of the First Amendment, the Applicant will be required to provide a cash-in-lieu payment equal to $142,652.70 to the City.
3. Continuing Effect. Any provision from the Agreement not specifically amended by the First Amendment shall remain in full force and effect.
Development Review Committee:
The Development Review Committee (DRC) has participated in several topic-specific meetings related to this First Amendment. The Development Review Committee recommends approval of the First Amendment.
NOTICE AND COMMENT
Although not required, on September 30, 2024, a notification was published on the City’s website as well as on Facebook and NextDoor.
SUMMARY OF FINDINGS AND CITY STAFF RECOMMENDATION
Staff finds the application does not alter the intent of the Agreement and conforms to the vision of the Comprehensive Plan as expressed in the approved subdivision plan. Based upon these findings, City staff recommends approval of the First Amendment to the Brighton Crossing Filing No. 6 Development Agreement and has prepared a draft resolution based on these findings.
As mentioned prior, the Applicant will need to fulfil any and all development obligations required of the Agreement and the First Amendment. The required development obligations include, but are not limited to, the build out of S. 40th Avenue and Southern Street adjacent to the Property, all trails identified by the approved civil construction plans, cash-in-lieu of the design and construction of the Applicant’s pro-rata share of Lake Dillon Avenue, and multiple cash escrows for the design and construction of traffic signals at S. 40th Avenue and Southern Street, and S. 40th Avenue and E. Bridge Street. These development obligations, among the others included in the Agreement, are currently underway and mostly complete. Construction acceptance will not be provided to the Applicant until all development obligations have been completed and accepted.
OPTIONS FOR CONSIDERATION
The City Council has four (4) actions it can take after reviewing this application.
1. Approve the First Amendment;
2. Deny the First Amendment and provide justification for such action;
3. Continue the item if the City Council feels it needs more information to make an informed decision or requests additional conditions or modifications.
ATTACHMENTS
● Draft City Council Resolution
● Aerial Map by City Staff
● Brighton Crossing Filing No. 6 Development Agreement
● First Amendment to the Brighton Crossing Filing No. 6 Development Agreement
● Notice on Website
● Website Posting Proof
● Draft Staff Presentation