Department of Community Development
Reference: Bromley Farms Zoning Map Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Nick Di Mario, Senior Planner, AICP Candidate
Date Prepared: September 25, 2023
PURPOSE
The Zoning Map Amendment application before the City Council is for an approximately 142.72 acre property (the “Property”). The Property is located to the south of Bromley Lane, east of Chambers Road, west of the Brighton Oasis Family Aquatic Park, and north of the Indigo Trails Subdivision. Currently, the Property is zoned under the Bromley Farms Planned Unit Development (“PUD”). The PUD that governs the Property was vested for an initial period of six (6) years from the date of its approval and two extensions were granted by City Council running the vesting until December 6, 2021. Council found with the second extension that no further vesting should be allowed unless the land was platted by December 6, 2021. The Property has not been platted.
Phil Stuepfert of HR Green is the applicant (the “Applicant”) working on behalf of the Property owner, Gail M Hartley Non-Exempt Marital Trust (the “Owner”). As the prior approved PUD is no longer vested, the Applicant and Owner are now requesting that the land be formally rezoned from the Bromley Farms PUD to the zoning designations of R-1A (Single and Two Family Residential), R-1B (City Neighborhood Residential), R-3 (Multiple Family Residential), and O (Open Space District) (see attached Zoning Map).
Zoning is necessary as it guides a property’s uses 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 the subject 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).
The Land Use & Development Code (the “LUDC”) outlines review criteria upon which the decision should be made. An ordinance to rezone must be approved by City Council. 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 their recommendation prior to review and final determination by the City Council.
PROCESSES
Zoning is the second step in the land development process with the City for this type of development (Annexation > Zoning > Platting - Subdivision Plan > Platting - Final Plat > Site Plan (if applicable) > Permits). Before any permits can be issued, a subdivision plan will need to be approved by the Planning Commission and accepted by the City Council, a final plat will need to be approved administratively, and site plans, if required, be approved administratively. All will be reviewed using the City’s LUDC to ensure a proposal’s compliance with City codes and policies.
The LUDC outlines that the rezoning process provides review of changes to the boundary of zoning districts that may be necessary to implement the Comprehensive Plan, to account for changed conditions in the general area, or to reflect a change in policies with respect to future development.
As such, Staff, the Planning Commission, and the City Council should use the Review Criteria outlined in the LUDC Section 2.03 B. These criteria generally include but are not limited to upholding the goals and objectives of the Comprehensive Plan, supporting development in character with existing or anticipated development in the area, ensuring that the change will serve a community need, amenity or development that is not possible under the current zoning.
BACKGROUND
The subject Property was originally zoned under the Hishinuma Farms PUD in 2002 for a mix of commercial, high density residential, and medium density residential uses. In 2011, the Property was rezoned to the Bromley Farms PUD (more information in following sections). As mentioned earlier in this report, this PUD lost its vesting on December 6, 2021.
The Applicant and Owner now wish to rezone the Property to that of zone districts under the LUDC. This is commonly referred to as ‘straight zoning’.
STAFF ANALYSIS
The proposed zoning categories present a mix of residential uses within the Development (see attached Zoning Map Amendment document). The R-1A zone district is proposed to comprise 44.08 acres of the Property, the R-1B zone district is proposed to comprise 48.28 acres of the Property, the R-3 zone district is proposed to comprise 20.51 acres of the Property, and lastly, the O zone district is proposed to comprise 29.86 acres of the Property. The associated uses with these districts can be found in Article 4 of the LUDC.
Under the current PUD, the residential uses are separated into three (3) categories. Said categories are defined as MR-L (low density), MR-M (medium density), and MR-H (high density). MR-L allows for uses such as patio homes, cluster homes, paired homes, zero lot line homes, and traditional single family detached homes. MR-M allows for all uses under the MR-L designation, including duplexes, triplexes, townhomes, and group facilities. Lastly, MR-H allows for all uses under the MR-L and MR-M designations and the R-3 zone district, including apartments and condominiums. Additionally, the PUD separates parts of the Property into six (6) separate planning areas (“PA”).
The area referred to as PA-1 and PA-2 currently allows all uses under the MR-L, M, and H designations. Under the proposed zoning, PA-1 and PA-2 would now have a designation of R-3. In relation to land use, the proposed R-3 zone district would not have very many differences compared to the existing PUD; however, no single family detached would be allowed.
The area referred to as PA-3 and PA-5 currently allows all uses under the MR-L and MR-M designations. Under the proposed zoning, PA-3 and PA-5 would now have a designation of R-1A and R-1B. Similar to the existing PUD in relation to land use, the R-1A and R-1B zone district would allow for single family detached, duplexes, and rowhomes.
The area referred to as PA-4 and PA-6 currently allows for all uses under the MR-L designation. Under the proposed zoning, PA-4 and PA-6 would now have a designation of R-1A and R-1B. Similar to the existing PUD in relation to land use, the R-1A and R-1B zone district would allow for single family detached, duplexes, and rowhomes.
In summary, the proposed rezoning differs from the existing PUD in minimal ways. The proposed R-3 zone district will further restrict residential land as compared to the existing PUD. This would permit high density residential within a portion of the Property that historically would allow lower density residential uses. The placement of the R-3 zone district is more in line with the Comprehensive Plan (as will be explained further in this memorandum) than the existing PUD. Additionally, the proposed R-1A and R-1B zone districts allow the same uses as the existing PUD; however, rowhomes would now be permitted in certain areas that did not previously allow them with the last rezoning. This is due to a shift in the proposed zone districts versus the existing PUD. Nonetheless, the intent of the existing PUD is essentially maintained with the proposed zone districts under the LUDC, and furthermore, falls more in line with the Comprehensive Plan. Lastly, the proposed zoning map amendment includes Open Space zoning. While the existing PUD includes parks and other open spaces, it does not dedicate an Open Space zoning designation. With the open space zoning under the proposed zoning map amendment, staff and the community will have clear expectations of where dedicated open spaces will be within the development, and the amenities that accompany them.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS.
COMPREHENSIVE PLAN:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Low Density Residential, High Density Residential, and Parks and Open Space. The purpose and character of the two residential designations is to provide neighborhoods on highly connected street patterns with access to parks and trails and along major transportation corridors. Primary uses include single family detached and attached homes, and multi-family dwellings. In relation to the purpose and character of the Parks & Open Space, this designation should provide visual and physical relief from man-made development, create greenways, and provide neighborhood buffering. Primary uses include open space, developed parks, trails, and greenways.
The proposed rezoning meets other policies and strategies of the Comprehensive Plan. The proposed rezoning conforms to multiple opportunity areas within Chapter Three of the Comprehensive Plan.
Number 2. Encourage Higher Residential Densities Near Commercial Centers and Major Corridors states that multifamily development should be placed within locations with arterial and highway access. The area of the development being proposed for R-3 zoning has direct access to an arterial roadway and is located within close proximity to a highway. Additionally, the R-3 zoning would allow for an accessible mix of land uses.
Number 14. Bromley Lane Opportunities states that Bromley Lane should be constructed in accordance with the Bromley Lane Master Plan and Transportation Master Plan. The rezoning of this land would facilitate future development that would be required to design and construct the unbuilt portions of the roadway to its full condition.
Within the Comprehensive Plan Chapter 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 the growth boundary and is bound by a major arterial and a collector roadway. Said roadways contain existing public infrastructure and will further the Comprehensive Plan’s vision by expanding roadways and future utilities.
Policy 1.2 - New Municipal Investments in Infrastructure and Public Facilities Should Strategically Further the Plans Broader Vision and Principles
● Rezoning of the land will facilitate a residential subdivision that will be required to upgrade and build out existing roadways, as well as build new roadways. This will assist in guiding residential development to certain areas as identified by the Comprehensive Plan. Additionally, the build out of the surrounding roadways directly furthers the vision of the Comprehensive Plan.
Policy 1.3 - Private Development Should “Pay Its Own Way,” by Bearing an Equitable Portion of the Costs of Expanding Municipal Infrastructure
● Any development on the Property will pay its own way via extension of utilities, expansion of roads, and will be required to dedicate water to the City.
Policy 1.5 - Carry Out Ongoing, Transparent and Cooperative Interagency and Interdepartmental Planning Efforts
● As this rezoning would facilitate residential development, a developer would be required to work with School District 27J in order to dedicate land or pay fee in lieu of land dedication for a school site.
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 rezoning will facilitate residential development and contribute to the balance between residential and non-residential uses. The Property is within close proximity to existing and future commercial properties within the Bromley Lane corridor, and the various residential zone districts proposed in the rezoning will allow for diverse housing options.
Policy 3.2 - Promote Urban Open Space Patterns
● The rezoning proposes almost 30 acres of open space, roughly 21 percent of the Property. Additionally, trails will be built throughout the site and will contribute to the vast trail system within Brighton. The natural area surrounding the Fulton Ditch will be utilized as a water conveyor, an open space corridor, and an alternative transportation corridor. This will pursue Brighton’s goal of providing north-to-south pedestrian and cycling access.
Policy 3.6 - Protect and Enhance Air Quality Through Public and Private Actions
● As mentioned, a good portion of the Property will be used for open space. Said open space will include trails and other amenities that promote walkability and other diverse transportation options.
Policy 4.1 - Encourage Development Patterns that Support All Travel Modes
● The rezoning will focus future high-density uses towards a major arterial. This will place residents within close proximity of public transportation routes. As mentioned, new trails within the open space will promote the use of north-to-south trail connections, which can allow residents to utilize the trails to travel to other areas within the City without a vehicle.
Policy 6.1 - Create and Maintain Inviting, Safe, Walkable and Bikeable Streetscapes
● Rezoning of the Property will facilitate new residential development that must design and construct streets to current standards. This would include the requirement of utilizing bike lanes. Additionally, and as mentioned, a new trail system will create connections for future residents looking to use alternative forms of transportation.
Policy 6.2 - Ensure Residential Lots and Architecture Enhance the Street
● Rezoning of the Property will facilitate residential development that will be required to meet the residential design standards within the LUDC. One of these requirements, among many others, is the requirement of a front entry feature oriented towards the streetscape.
Policy 6.3 - Create Usable, Accessible and Inviting Green Spaces In Neighborhoods
● If the land is developed under the new proposed zone districts, a developer would be required to dedicate land for parks and open spaces.
Policy 6.5 - Encourage Projects that Enhance the Diversity of Housing Types and Costs
● With a proposed mix of residential zone districts (R-1A, R-1B and R-3), the Development supports and encourages diversity of housing types and costs.
LAND USE & DEVELOPMENT CODE:
The City Council in making its decision shall use the following criteria (Section 2.03 B.):
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 a number of 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 a residential development is in-line with the character of the surrounding uses, both existing and future. A majority of the Property would be developed as single-family housing, which mirrors the existing neighborhoods to the north and south. Additionally, the Future Land Use Plan has designed the area to the west as Mixed Use Commercial and High Density Residential. The R-3 zoning in the northwest corner of the Property conforms to these adjacent designations.
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.
As the existing PUD is no longer vested, the rezoning is required in order to facilitate residential development. As mentioned earlier in this memorandum, the rezoning meets a number of policies of 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 will occur in accordance with the applicable zone district standards as outlined in the LUDC.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee (DRC) reviewed this project and recommended approval. This included a review by School District 27J, who voiced no opposition to the zoning map amendment.
Note: A complete list of comments and the agencies who made them are available upon request.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission heard this request on August 24, 2023 and unanimously voted to recommend approval of the Bromley Farms Zoning Map Amendment.
PUBLIC NOTICE AND INQUIRY
As required by the LUDC, signs were posted on the subject property on September 29, 2023. Additionally, mailings were sent to all property owners within 1,000 feet of the Property. These mailings were sent on October 3, 2023 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, as well as various forms of social media, on the same day. Staff also updated the Interactive Development Map to include the date and time of the hearing. As of the posting of this memorandum, Planning staff has not received any formal inquiries regarding the project in anticipation of the public hearing.
As required by the LUDC, a neighborhood meeting was held on August 31, 2022 prior to the formal submittal of the rezoning application. The notification mailings, sent by the Applicant to property owners within the applicable mailing radius of the subject Property, included information on the meeting. The Applicant and Property Owner had several members of their team available to present their proposal, field any questions, and take feedback from meeting participants.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the rezoning is in general compliance with the requirements as outlined in Section 2.03 B. Review Criteria, of the LUDC and therefore recommends approval of the Zoning Map Amendment. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zoning Map Amendment application. City Council may:
1.) Approve the Zoning Map Amendment via ordinance as drafted;
2.) Approve the Zoning Map Amendment with changes to the drafted ordinance;
3.) Continue the item to be heard at a later date, 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; or
4.) Not move forward.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 23-8
● Aerial Map by City Staff
● Zoning Map Amendment by Applicant
● Bromley Farms Planned Unit Development
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Affidavit of Sign Posting
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation