Department of Community Development
Reference: Otten 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: May 14, 2024
PURPOSE
To consider a resolution approving an annexation agreement for the Otten property (the "Annexation Agreement"). An annexation agreement identifies general terms, applicable codes, ordinances, and master plans that will apply to the future development of the Property.
The 4.918-acre property (the "Property") is generally located to the north of East 136th Avenue, south of Prairie Center Parkway, east of South 27th Avenue, and west of I-76. Thomas Otten is the project contact working on behalf of the Property owner and annexor, Donald M. Otten Revocable Trust (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 appropriate for Commercial.
A Petition for Annexation (the "Petition") was accepted by the City Council at a regular meeting held on April 2, 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. 2024-43 for further information. On May 21, 2024, 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 generally identify the terms, conditions, and adopted City codes, ordinances, and master plans that will apply to the development of the Property. It is necessary to review the agreement through the lens of any possible future user as this Annexation Agreement will be tied to the land in perpetuity. Annexation agreements contain development obligations that are broad. As the Propert...
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