Department of Community Development
Reference: Peters Property Annexation
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: December 18, 2024
PURPOSE
In order to proceed with annexation of the Peters Property (the “Property”), the 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 Resolution 2024-93, City Council set the public hearing for this annexation for January 21, 2025.
City Council must now hold a public hearing and consider a resolution that constitutional and statutory (C.R.S. §31-12-104 and §31-12-105) requirements have been met. If resolved, 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 zone 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, final plat and site plan will be required before any development can occur on the site.
BACKGROUND
The Annexation application before the City Council is for an approximately 2.859-acre property (the “Property”) which 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. Currently, the Property has a zoning designation of Adams County A-3 (Agriculture-3). Kevin Lovelace with LJA Engineering is the project contact working on behalf of the Property owner and applicant, William E. Peters (the “Applicant”). The Applicant has also submitted a Zoning Map Amendment application to the City of Brighton (the “City”). The Property is 100% contiguous with existing Brighton city limits.
Surrounding Land Use(s):
CRITERIA BY WHICH 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 Application. 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 these regulations.
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:
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 Application 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 portion of Be Brighton, the Comprehensive Plan, has designated the Property as Mixed Use Residential. The related Zoning Map Amendment proposes to establish C-3 (General Retail and Services) zoning on the Property. While the proposed zoning does not align with the future land use designation on its own, it is consistent with the broader vision of the area and meets other policies of the Comprehensive Plan.
In particular, the Opportunity Area Policies Section of Chapter Three, Number 10. Throughout the City, Concentrate Commercial Development at Key Intersections to Serve Surrounding Areas states that large-scale retail should be concentrated along major arterial nodes, such as Bromley Lane, Bridge Street and 27th Avenue. The annexation will eliminate the current gap in City limits and ensure cohesive commercial development along Bromley Lane. In addition to the Property being located along a Major Arterial, it is also located within close proximity to I-76, making it a prime location for commercial development. The annexation also supports Number 14 - Bromley Lane Opportunities which encourages development to occur in nodes along Bromley Lane with the spaces between the commercial nodes used for mixed density residential development and open space. As adjacent infrastructure is built out with future development, the proposed annexation will complete the commercial node at Bromley Lane and South 45th Avenue, creating a viable commercial intersection.
The proposed Annexation also supports several policies outlined in the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’. Specifically, it aligns with Policy 1.1, which emphasizes the importance of development occurring in areas with existing infrastructure. The Property is located along Bromley Lane, a Major Arterial roadway, and is adjacent to the South 45th Avenue alignment, which is planned as a Collector. In addition to these roadways, the site has access to adjacent utility lines, which could serve future development. The proposal also meets Policy 5.2, which encourages support for Brighton’s non-downtown commercial centers and areas of existing investment. Addressing gaps in City limits, particularly at major intersections where investment and growth are expected, is essential for creating cohesive development. The annexation and rezoning will unify development standards with the adjacent C-3 parcels, establishing a viable commercial corridor that can support economic growth.
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 and Land Use & Development Code.
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 service 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 100% contiguous with City limits and along a Major Arterial roadway, 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.
STAFF ANALYSIS
The Peters Property is an unannexed enclave within the City. Annexing the Property will allow for cohesive urban development and ensure uniform public safety and utility services in the area. The Peters Property annexation complies with the C.R.S. § 31-12-104 through 110. The Property is 100% contiguous with the City of Brighton City Limits, which meets the “Community of Interest” provision. The Property may be urbanized and is capable of integration within the City of Brighton as utility lines are adjacent to the Property. Furthermore, the annexation request complies with all the applicable criteria as outlined in the Land Use & Development Code.
PUBLIC NOTICE AND INQUIRY
Publication of the public hearing and notice of the public hearing have been provided to all applicable entities as required by C.R.S. § 31-12-108.5. The notice of public hearing was published in the Brighton Standard Blade on December 19, 2024, December 26, 2024, January 2, 2025, and January 9, 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, Urban Drainage South Platte, and South Beebe Draw Metropolitan District. Notice was mailed to all property owners within 300’ of the Property on December 30, 2024. One (1) sign was posted on the Property on January 3, 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 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 2024-93 (Substantial Compliance)
● Draft City Staff Presentation