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File #: ID-178-15    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 7/7/2015 In control: City Council
On agenda: 8/4/2015 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE REZONING OF AN APPROXIMATELY 7.127 ACRE AREA OF LAND GENERALLY LOCATED IN SECTION 22, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, KNOWN AS PRAIRIE CORNER FROM A ZONING DESIGNATION OF PUD (PLANNED UNIT DEVELOPMENT) TO A ZONING DESIGNATION OF C-3 (GENERAL RETAIL AND SERVICES) (FINAL READING)
Attachments: 1. CC_ordin_zoning_1st reading_prairie corner, 2. PC Reso Prairie Corner

Body

Department of Community Development

Reference:                     Prairie Corner Rezoning

 

To:                                                               Mayor Richard N. McLean and Members of City Council

Through:                                          Manuel Esquibel, City Manager

Prepared By:                                          Lauren Simmons, AICP, Senior Planner

Date Prepared:                     July 15, 2015

PURPOSE
Hold a public hearing to consider an ordinance for rezoning for the Prairie Corner properties.

The applicant, Mark Kieffer (the “Applicant”), on behalf of the property owner, Prairie Corner, LLC (the “Owner”), is requesting approval of C-3 zoning for 7.127 acres.

BACKGROUND

The two properties, located at the east end of Eagle Boulevard, adjacent to I-76 comprise 7.127 acres and are currently a part of the expired Third Creek Meadows Planned Unit Development (PUD), which was initially zoned on October 7, 1986, by Ordinance 1229.  On April 1, 1997, the PUD was rescinded by Resolution 97-13 for failure to meet the requirements of the Land Use and Development Code for submittal of a preliminary or final plat. The majority of the original Third Creek Meadows PUD was rezoned and is now included in the Prairie Center PUD; the Prairie Corner properties were not included in the Prairie Center rezoning as they were not under the same ownership.

The Applicant is requesting C-3 zoning, or General Retail and Services.

CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM

 

COMPREHENSIVE PLAN: 

The Comprehensive Plan, Figure 4: Future Land Use Plan, shows the Property as being appropriate for “Employment.”  The proposed rezoning is consistent with the Employment designation in the Comprehensive Plan.

 

ANALYSIS

The C-3 Zone District is a general retail and service district designed to provide the broadest scope of compatible services and products for both the general and traveling public. Land within this category should be located along and/or at the intersection of major arterials in sufficient sized parcels as to provide for larger buildings and/or uses with sufficient parking and loading areas. This District should not abut a residential district and within each C-3 District care should be taken that commercial uses are compatible with each other and the surrounding area.

 

The Prairie Corner properties are located along a major arterial (I-76) and are not adjacent to residential zoning, so the C-3 zoning is appropriate.

 

MUNICIPAL CODE 

This request is in conformance with the provisions outlined in Article 17-8, Zone Changes, of the Brighton Municipal Code, as amended.

PUBLIC INQUIRY

The Applicant provided a letter to the City, certifying that all mineral rights owners were notified of the initial public hearing, in accordance with the Colorado Revised Statutes Section 24-65.5-101, et seq.  In addition to the public notice mailings required by the Land Use and Development Code, additional public notice was also published in the Brighton Standard Blade, and a sign was posted on the property. All the public notices were provided no less than fifteen (15) days prior to the City Council public hearing meeting date.  No formal public comments have been received by staff, as of the date of this staff report.

 

PLANNING COMMISSION RECOMMENDATION

The Planning Commission heard the rezoning on July 14, 2015 and recommended approval, see the attached Resolution.

 

STAFF RECOMMENDATION

Staff finds the proposed rezoning generally complies with the Comprehensive Plan and with Section 17-8-80, Zone Changes, of the Land Use and Development Code.  Staff has prepared a draft ordinance that recommends to the City Council approval of the proposed C-3 (General Retail and Services) rezoning designation for the Prairie Corner Property. 

OPTIONS FOR COUNCIL CONSIDERATION

 

                     Approve the ordinance.

 

                     Deny the ordinance with specific findings to justify the denial.

 

ATTACHMENTS

                     City Council Ordinance draft approving the rezoning

 

                     Copy of the Planning Commission recommendation