Department of Community Development
Reference: Adams Point Zoning Map Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Stephanie Iiams, Associate Planner
Date Prepared: June 20, 2024
PURPOSE
The Zoning Map Amendment application (the "Application”) before the City Council is for an approximately 7.387-acre property (the “Property”), generally located to the north of East Bridge Street, south of Longs Peak Street, east of North 19th Avenue and west of the Fulton Ditch. Currently, the Property has a zoning designation of C-3 (General Retail & Services). Charlene Montoya is the project contact working on behalf of the Property owner and applicant, Brighton Housing Authority (the “Applicant”). The Applicant is requesting a rezoning from C-3 (General Retail & Services) to R-3 (Multiple Family Residential).
Zoning dictates whether uses at a property are allowed by right or conditionally, and this, in turn, allows owners, neighbors, and the community at large to have a reasonable expectation of what can occur on a property. It establishes standards for construction including building height, lot coverage, and building setbacks. There are a variety of zone districts within the City, including residential, commercial, industrial, mixed-use, and planned development (PD).
PROCESSES
A Zoning Map Amendment is the second step in the land development process with the City (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). Before any permits can be issued, a subdivision plan must be approved at a public hearing, a final plat must be approved administratively, and site plans must be approved administratively. It is important to note that the Property is currently platted and therefore may only need to go through the platting process if deemed necessary under Section 2.02 A of the Land Use and Development Code (LUDC). All applications will be reviewed using the LUDC to ensure a proposal complies with City codes and policies. As the owner of the Property and applicant for this project, the Brighton Housing Authority intends to develop the Property, although at this time there are no site-specific development applications currently under review.
City staff collects and analyzes application materials, and after a thorough review, presents their findings to the Planning Commission and, thereafter, City Council. Requests to rezone are brought before the Planning Commission for recommendation prior to review and final determination by the City Council. A zoning map amendment must be approved by ordinance, which requires two readings before the City Council.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.03(B) of the Land Use & Development Code (the “LUDC”) outlines the review criteria upon which the City Council must consider a zoning map amendment. Specifically, the City Council must consider the following:
1. The proposal is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan.
2. The proposal will support development in character with existing or anticipated development in the area, including the design of streets, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses.
3. The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district.
4. The change will serve a community need, amenity or development that is not possible under the current zoning or that was not anticipated at the time of the initial zoning of the property.
5. The recommendations or any professional staff or advisory review bodies.
BACKGROUND
The Property was annexed in 1960 as part of the Court House Annexation, Ordinance 436. The Property was zoned C-3 via City Council Ordinance 228, which allowed a wide range of commercial uses.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
The Application proposes a zoning of R-3 (Multiple Family Residential). This zoning designation would allow for uses such as duplexes, row houses, apartments, etc. All associated uses with this zone district can be found in Article 4 of the LUDC.
Comprehensive Plan:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Public Land. The Future Land Use designation of Public Land encourages the public use of land by governmental and quasi-governmental or non-profit entities, such as the Brighton Housing Authority. As mentioned, the Applicant is requesting to rezone the Property to R-3, Multiple Family Residential. Based on the proposed zone district and the intended development of the Property, the application meets this portion of the Comprehensive Plan.
The proposed zoning meets other policies and strategies of the Comprehensive Plan. The Opportunity Area Policies Section of Chapter Three, Number 2. Encourage Higher Residential Densities Near Commercial Centers and Major Corridors states that housing intensity and diversity should increase along locations where high intensity employment/retail exists and along major corridors, such as, East Bridge Street to create a fine-grained and accessible mix of land uses. The proposed rezoning would increase the high-density residential development in the area and concentrate multi-family development near Downtown and along a major corridor. Given the surrounding commercial developments to the south and west, and the residential development to the east, this proposed rezoning would aid in the creation of a mixed-use corridor.
Additionally, the proposed zoning meets The Opportunity Area Policies Section of Chapter Three, Number 13. Bridge Street Opportunities states that this corridor has the potential to become a main street with homes, farms, and commercial centers lining its edges, with building intensities increasing near Downtown. As Bridge Street is the primary east-west commercial corridor in the City, infill development should be encouraged to further improvements in the corridor’s appearance, value of investments, and pedestrian and bicycle systems.
Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map Amendment advances a number of these goals:
Policy 1.1 - New Growth Should Favor Existing Areas of Infrastructure Investment and Planning
● The Property is within an area of existing infrastructure and is along a major arterial roadway. Any future development will build upon the established framework of roads, utilities, and other public amenities.
Policy 2.1 - Brighton Will Continue to Develop in a Self-Sufficient and Sustainable Manner (Live, Learn, Work, Shop and Play) with an Appropriate Balance between Residential and Non-Residential Uses
● The development of this Property will support the balance between residential and non-residential zoning in this area. The proposed rezoning would integrate into the existing mixed-use vision for this area that promotes the live, learn, work, shop, and play concept.
Policy 6.5 - Encourage Projects that Enhance the Diversity of Housing Types and Costs, and Manage Affordability through Supply and Subsidy
● The rezoning of this Property encourages diverse types of housing developments for the full spectrum of incomes and meets the needs of all ages and walks of life.
Policy 8.1- Encourage Redevelopment of Strategic Areas and Promote Infill Development
• The development of this Property promotes infill development and would prioritize sites that are highly visible as the Property is along a major arterial.
Land Use & Development Code:
The City Council, in making its decision shall use the criteria outlined in Section 2.03 B. Below, Staff analyzes how the Application meets and/or exceeds the criteria.
1. The proposal is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan.
As stated above, the Property’s rezoning will help support policies of the Comprehensive Plan.
2. The proposal will support development in character with existing or anticipated development in the area, including the design of streets, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses.
The development of the land as residential aligns with the character of the area and the desire for higher density residential near commercial centers and an accessible mix of land uses. The proposed rezoning will provide more opportunity along Bridge Street by adding to the overall balance between residential and commercial zoning in the area while providing corridor improvements.
3. The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district.
The Property can be adequately served, and any future site developer will pay applicable costs to connect to City infrastructure.
4. The change will serve a community need, amenity or development that is not possible under the current zoning or that was not anticipated at the time of the initial zoning of the property.
The Property was conveyed from Adams County to the Brighton Housing Authority in early 2023 for the purpose of residential development. The current zoning designation of C-3 and Future Land Use map designation of PL does not allow many residential land uses; the proposed rezoning will provide more opportunity for residential development. As mentioned earlier in this report, the rezoning meets a number of policies in the Comprehensive Plan and as such, will serve the needs of the community.
5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for residential uses given its specific location and based on the desires of the community as expressed in the Comprehensive Plan. Site development, including buffering and building design, will occur in accordance with the applicable zone district standards as outlined in the LUDC. Any site development on the Property will only be permitted with a design that ensures it fits in with the context and development patterns of the area.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed this project and recommends approval.
Note: A complete list of comments and the agencies who made them is available upon request.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard this request on June 13, 2024, and unanimously voted to recommend approval of the Adams Point Zoning Map Amendment. (See the attached Resolution #24-07). Planning staff received one letter regarding the Application in advance of the Planning Commission hearing. That letter is included in the packet.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1000 feet of the proposed zone change, as required by the LUDC. These mailings were sent on June 27, 2024, and included a letter describing the proposed rezoning as well as the time and place for the public hearing. Also, included with the letter, was a map of the subject area. A notice was published on the City’s website on the same day. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. On June 27, 2024, two signs were posted on the Property. One sign was posted on the north side of East Bridge Street and one sign was posted on the east side of North 19th Avenue for the City Council Public Hearing on July 16, 2024.
On November 8, 2023, as required by Code prior to the submission of the Application to the City, the applicant held an in-person neighborhood meeting. The notification mailings, sent by the Applicant to property owners within the applicable mailing radius of the Property, included information on the meeting. The Applicant had multiple members of their team available to present their proposal, field any questions, and take feedback from meeting participants. A copy of the neighborhood meeting minutes is attached to this report.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zoning Map Amendment is in general compliance with the requirements as outlined as approval criteria in Section 2.03 B. Review Criteria, of the LUDC and, therefore, recommends approval of the Adams Point Zoning Map Amendment. Staff has prepared a draft ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zoning Map Amendment application. The City Council may:
1.) Approve the Zoning Map Amendment ordinance;
2.) Deny the Zoning Map Amendment;
3.) Approve the Zoning Map Amendment with changes to the drafted ordinance; 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 as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution #24-07
● Aerial Map by City Staff
● Zoning Map Amendment by Applicant
● Neighboring Area Property Owner Notification
● Buffer Map of Mailing Area
● Affidavit of Sign Posting
● Public Notice on Website
● Website Posting Proof
● Public Comments
● City Staff Draft Presentation