Department of Community Development
Reference: First Amendment to the Telluride Business Park and Telluride Business Park II Development Agreements
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, AICP, Senior Planner
Date Prepared: May 22, 2026
PURPOSE
The purpose of this agenda item is for the City Council to review and authorize the Mayor to sign the First Amendment to the Telluride Business Park and Telluride Business Park II Development Agreements (the “Amendment”). City staff, along with North Forest Development Office Space - Denver, LLC (the “Developer”), are requesting City Council’s consideration of the Amendment in order to modify certain specific improvements and reimbursements associated with the development of Telluride Business Park (the “Property”). As the original Development Agreements were approved by the City Council, any amendments shall be reviewed by City Council with a resolution to approve the request.
BACKGROUND
The Property is generally located to the north of Southern Street, south of East Bridge Street, west of Telluride Street, east of Eastgate Village, and is more specifically located in a portion of the northwest quarter of Section 9, Township 1 South, Range 66 West of the 6th Principal Meridian, City of Brighton, County of Adams, State of Colorado. The Property consists of four lots totaling approximately 6.52 acres.
The Property was originally annexed into the City in 1971 and is zoned C-2 (Restricted Retail and Services).
The Property was platted under multiple plats. The northern two lots, totaling approximately 3.14 acres, were originally platted in 2007 as the Telluride Business Park Final Plat (Reception No. 2007000112535) and associated Development Agreement (Reception No. 2007000112533). These lots were subsequently replatted in 2014 as Telluride Business Park Amendment 1 (Reception No. 2014000011819).
The southern two lots, totaling approximately 3.38 acres, were platted in 2016 under the Telluride Business Park II Final Plat (Reception No. 2016000035456) and associated Development Agreement (Reception No. 2016000035455).
Three of the four lots have since been developed, leaving one vacant lot remaining within the business park. The Developer currently has a Site Plan application under review for the construction of a multi-tenant office building on the remaining undeveloped lot.
AMENDMENT PROVISIONS
The proposed Amendment updates the existing Telluride Business Park and Telluride Business Park II Development Agreements to reflect current drainage and stormwater infrastructure requirements associated with the Property. The Amendment removes several outdated provisions related to detention pond maintenance, stormwater construction requirements, emergency overflow infrastructure, and prior maintenance obligations that no longer align with current engineering standards or the adopted master drainage plan.
The Amendment also establishes updated responsibilities for construction of the regional outfall infrastructure adjacent to the Property (the “Off-Site Improvements”). If the Off-Site Improvements have not been completed at the time of development for the final vacant lot, the Developer will be required to construct the portion adjacent to the Property in accordance with approved civil plans and applicable City standards. The Amendment allows the Developer to seek reimbursement from the City for eligible construction costs through a separate Construction and Reimbursement Agreement incorporated as an exhibit to the Amendment.
Additionally, the Amendment requires modifications to the existing pond to allow conversion from retention to detention once the regional outfall system is completed. The Developer will remain responsible for ensuring all stormwater facilities comply with applicable Mile High Flood District criteria and City requirements.
Lastly, the Amendment replaces the previous stormwater maintenance provisions with an updated Stormwater Facilities Maintenance Agreement that applies across all four lots.
STAFF ANALYSIS
The Amendment can be further analyzed through the categories outlined below.
Removal of Outdated Provisions
Several provisions within the original Telluride Business Park development agreements are outdated and no longer consistent with current stormwater management practices, the City’s adopted standards, or the master drainage plan. The language included in the original agreements has since been incorporated into the City’s standardized Stormwater Facilities Maintenance Agreement for consistency across all development.
Stormwater Facilities Maintenance Agreement
The previous agreements included a stormwater maintenance agreement that applied only to the two southern lots. The Amendment includes an updated Stormwater Facilities Maintenance Agreement that reflects the City’s current template and extends applicability to all four lots within the Property. The updated agreement clarifies ongoing maintenance responsibilities and requires all stormwater infrastructure comply with current City standards, approved civil plans, and the adopted master drainage plan.
Developer Obligations
Under the previous agreements, the Developer was obligated to construct improvements to the adjacent storm drainage infrastructure. The Amendment establishes updated developer responsibilities for construction of the Off-Site Improvements, ensuring consistency with the adopted master drainage plan and current City engineering standards. The Amendment also requires modifications to the existing pond to allow conversion from retention to detention once the regional outfall system is completed.
Reimbursement Agreement
The Amendment also includes a Construction and Reimbursement Agreement related to the Off-Site Improvements. Under the Amendment, the Developer is responsible for constructing the Off-Site Improvements if they have not been completed at the time of development. The City may reimburse the Developer for eligible construction costs associated with the Off-Site Improvements, up to the amount of Storm Drainage Impact Fees collected by the City for the 55,674 square feet of new impervious surface area associated with the proposed project. These improvements qualify for reimbursement because they exceed the impacts of this individual development and will provide a broader regional benefit to the City.
Reimbursement Process
Once the Developer has completed construction of the Off-Site Improvements and the improvements have received initial acceptance by the City, the Developer must submit a reimbursement request with supporting cost documentation. The City will review the request and reimburse eligible costs within 90 days of receiving all required documentation. Reimbursement is limited to the amount of Storm Drainage Impact Fees collected by the City for the new impervious area and may not exceed the total fees collected, regardless of the actual construction cost of the improvements.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee (DRC) reviewed this project and recommends approval.
PUBLIC NOTICE AND INQUIRY
As this process is not a public hearing, public notice was not required to be posted. While not required, City staff posted notice on the City’s website and to social media.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff has reviewed the Amendment and finds the request acceptable. Staff recommends approval of the First Amendment to the Telluride Business Park and Telluride Business Park II Development Agreements. Based on staff’s recommendation, a draft resolution approving the Amendment has been provided.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four (4) options when reviewing this application. City Council may:
• Approve the Amendment;
• Approve the Amendment with changes to the resolution;
• Deny the Amendment; or
• Provide further direction to staff.
ATTACHMENTS
• Draft City Council Resolution
• Development Agreement Amendment (Exhibit A to the Resolution)
• Telluride Business Park Development Agreement
• Telluride Business Park II Development Agreement
• Aerial Map by Staff
• Agenda Item Notification
• Draft Staff Presentation