File #: ID-24-25    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 1/14/2025 In control: City Council
On agenda: 2/4/2025 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE DHI TELLURIDE DEVELOPMENT AGREEMENT AMENDMENT FOR THE DHI TELLURIDE SUBDIVISION, AN APPROXIMATELY 11.18 ACRE PROPERTY, GENERALLY LOCATED TO THE EAST OF THE BRIGHTON LATERAL DITCH, WEST OF TELLURIDE STREET, AND BETWEEN THE BRIGHTON CHARTER HIGH SCHOOL AND TELLURIDE BUSINESS PARK 2 SUBDIVISIONS, MORE SPECIFICALLY, LOCATED IN 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
Attachments: 1. Draft City Council Resolution, 2. Justification Letter Provided by the Project Representative, 3. Draft Development Agreement Amendment, 4. Original Development Agreement, 5. Aerial Map by City Staff, 6. Draft Staff Presentation
Department of Community Development
Reference: DHI Telluride Development Agreement Amendment

To: Mayor Gregory Mills and Members of City Council

Through: Michael P. Martinez, City Manager

Prepared By: Nick Di Mario, AICP, Senior Planner

Date Prepared: January 2, 2025

PURPOSE
The development agreement amendment application before the City Council is an amendment to the approved DHI Telluride Development Agreement (the "Agreement"). The Agreement was executed between the City and the landowner, Tamarack Land - Telluride Street, LLC (the "Applicant" or "Developer") in June of 2024, and governs an approximately 11.18-acre property to the east of the Burlington Lateral Ditch, west of Telluride Street and between the Telluride Business Park 2 Subdivision and Eagle Ridge Academy (the "Property"). Brian Bratcher of D.R. Horton (the "Project Representative"), working on behalf of the Applicant, is requesting approval of the DHI Telluride Development Agreement Amendment (the "Amendment"), which would grandfather the payment of certain development impact fees to the amounts in effect April 1, 2024.

PROJECT BACKGROUND
The project began when a subdivision plan was submitted for the Property in November of 2021. In order to receive all land use entitlements to develop the Property, the following items were also submitted, reviewed, and approved: a Reimbursement Agreement, a Final Plat, a Development Agreement, and a Site Plan. The Property was fully entitled for the construction of a for-rent, 140-unit duplex project in July of 2024.

As detailed in the Agreement, the Developer is required to construct certain roadway and drainage improvements associated with the development of the Property. With respect to roadway improvements, the Developer is required to construct Telluride Street to its full width, both adjacent to the Property and continuing north to the intersection with E. Bridge Street. As the northern portion of Telluride Street is not adjacent to...

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