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File #: ID-346-18    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 10/4/2018 In control: City Council
On agenda: 11/13/2018 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE ZONE CHANGE OF APPROXIMATELY 64.517 ACRES OF LAND GENERALLY LOCATED IN THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF WELD, STATE OF COLORADO, FROM A ZONING DESIGNATION OF LIGHT INDUSTRIAL (I-1) TO A ZONING DESIGNATION OF HEAVY INDUSTRIAL (I-2) AND AMENDING THE ZONING MAP ACCORDINGLY
Attachments: 1. Schara Rezone - CA revised.pdf, 2. Schara Property RZ Aerial Map, 3. Schara Zone Change Presentation-City Council, 4. Schara PPT

Body

Department of Community Development

Reference:                      Schara Property Zone Change

 

To:                                                               Mayor Kenneth J. Kreutzer and Members of City Council

Through:                                          Philip A. Rodriguez, City Manager

                                                               Marv Falconburg, AICP, Assistant City Manager

                                                               Holly Prather, AICP, Community Development Director

Prepared By:                                          Lauren Simmons, AICP, Senior Planner

Date Prepared:                     October 2, 2018

PURPOSE
Request to approve a zone change of the 64.517 acre Schara Property from I-1 (Light Industrial) to I-2 (Heavy Industrial).  This request requires approval from City Council by Ordinance.

 

STRATEGIC FOCUS AREA

Recognizable and Well-Planned Community

 

BACKGROUND

The 64.517 acre property, located on the northeast corner of Crown Prince Boulevard/Weld County Road 6 and Weld County Road 29 was annexed into the City of Brighton on April 6, 2010 and zoned as I-1 (Light Industrial).  With a potential developer of the property, on July 25, 2018, a neighborhood meeting was held.  Staff observed that the potential zone change would be generally well-received by the neighbors as long as traffic concerns were mitigated by the eventual platting of the site.

 

ANALYSIS

The Schara Property is designated as being appropriate for “Industrial,” according to the Future Land Use Map of the Comprehensive Plan.  The “Industrial” designation is primarily intended for light and heavy manufacturing, processing, assembly, large distribution warehouses, truck terminals, and gravel and mineral extraction. 

 

The surrounding properties are either undeveloped or in use as heavy industrial uses.

 

Surrounding Zoning:                     North: Fort Lupton (I-2) Heavy Industrial and Weld County AG East:  Weld County AG (Agricultural)

                                                                                    South:  I-1 (Undeveloped)                     

West:  I-2 (Vestas North Campus)

 

The potential developer of the property would like to use the property for a heavy industrial use, which will require a rezoning to I-2. The potential use of the property has a significant manufacturing component as well as a need for outdoor storage of large products. 

 

CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM

Comprehensive Plan: 

The Schara Property is designated as being appropriate for “Industrial,” according to the Future Land Use Map of the Comprehensive Plan.  The “Industrial” designation is primarily intended for light and heavy manufacturing, processing, assembly, large distribution warehouses, truck terminals, and gravel and mineral extraction. 

 

The proposed Schara Property rezoning is compatible with the goals and policies of the Comprehensive Plan.  The Schara Property is directly adjacent to Weld County Road 6 or Crown Prince Boulevard. Policy 1.1, New Growth Should Favor Existing Areas of Infrastructure Investment and Planning anticipates that new development will be located in areas with existing development and planned infrastructure. The Schara Property is in the vicinity of Vestas and directly adjacent to the future expansion of the Vestas North Campus.   

 

The Schara Property also integrated citywide development policies and principles in accordance with Policy 2.1: Brighton Will Continue to Develop in a Self-Sufficient and Sustainable Manner (Live, Learn, Work, and Play) with an Appropriate Balance between Residential and Non-Residential Uses.  The Schara property will provide employment opportunities to residents of the City. The I-2 zone district would allow for an outdoor storage yard which is needed for the manufacturing facility.

 

Zone Change Criteria:  

Section 17-16-190 states: The I-2 District is a heavy industrial district designed to accommodate various industrial enterprises using the broadest scope of the industries and their employees. Land within this category must have access, parking, loading, fencing and storage area commensurate with the use. In cases where the intended use may be hazardous or obnoxious to employees, the surrounding areas and uses, and/or environment, use of land and structure shall be restricted to protect the surrounding area and public health, safety and general welfare. The City Council, in making its decision, shall use the following criteria to determine the appropriateness of a zoning request (Section 17-8-80 (5)):

 

a.                     Complies with the Comprehensive Plan and other master plans of the City;

 

The property’s zone change will comply with the Comprehensive Plan, which indicates the property is Industrial.

 

b.                     Complies with the requirements of the Land Use and Development Code and with the zone district;

 

The subject property is in compliance with the Land Use and Development Code, and it meets the requirements for Heavy Industrial (I-2).

 

c.                     Provides consistency with the purpose and intent of the Land Use and Development Code;

 

The rezoning of this property will facilitate orderly growth and expansion of the City. It will allow for the property owner to construct an industrial use with extensive storage and manufacturing needs.

 

d.                     Provides compatibility with surrounding areas, is harmonious with the character of the neighborhood and is not detrimental to the immediate area, the future development of the area, or the health, safety, or welfare of the inhabitants of the City;

The zoning designation of I-2 gives the applicant the ability to develop the property with a significant storage aspect and is compatible with the I-2 zoning to the west. The adjacent properties to the south are zoned I-1, but currently undeveloped.  The property is near the Vestas facility which also has a significant manufacturing and storage aspect to its operation and land use.

 

Development Review Committee (DRC) Review: 

The Schara Property Zone Change was reviewed by the Development Review Committee. The Development Review Committee recommends approval.

 

Public Comment: 

As required, mailings were sent to all property owners within 300’ of this proposed zone change. These mailings were sent on September 14, 2018 and included a letter describing the proposed zoning as well as the time and place for the public hearing. Also included with the letter was a map of the subject area. Along with the public mailings, public hearing signs were posted on July 27, 2018, on the southwest corner of the property along Crown Prince Boulevard on September 21, 2018. Finally, a notice was published in the newspaper on September 19, 2018 to give notice to those who are not affected property owners or those who do not drive by the property on a consistent basis. As of the date of this staff report, no formal comments have been received by staff.

 

Planning Commission Update:

This zone change request will be reviewed by the Planning Commission at its regular meeting on October 9, 2018.  City staff has prepared the staff report and resolution for the Planning Commission meeting and are recommending approval of the zone change. The Planning Commission’s recommendation will be presented by city staff to the City Council at the Council’s public hearing.

 

STAFF RECOMMENDATION

Staff finds that the rezoning complies with the approval criteria and the zone change application requirements as set forth in the Land Use and Development Code. Staff also finds that the proposed rezoning conforms to the Comprehensive Plan’s designation of the Property as being appropriate for “Industrial” and the policies of the Comprehensive Plan. Therefore, staff recommends approval of the Schara Property rezoning.

 

OPTIONS FOR COUNCIL CONSIDERATION

Zone Change:

The Council has four (4) choices it can make after reviewing this application. The Council may: (1) approve the Schara Property Zone Change, (2) deny the Schara Property Zone Change, (3) approve the Schara Property Zone Change with modifications, or (4) the Council can continue the item to be heard at a later date if the Council feels it needs more information to make an informed decision.

 

ATTACHMENTS

                     Proposed Project Area Map

Planning Commission Resolution (draft)

Neighborhood Notice

Schara Property Zone Change Map

City Council Draft Ordinance-Schara Zone Change