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 ...
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