Department of Community Development
Reference: Bromley Park PUD 28th Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Associate Planner
Date Prepared: February 16, 2023
PURPOSE
The Zone Change via a Major PUD Amendment application before the City Council is for an approximately 0.852 acre property (the “Property”), generally located to the north of East Bridge Street, west of North 42nd Avenue, east of the North 40th Avenue alignment and south of Pioneer Place situated within the Buffs Landing Development. Currently, the Property is zoned ‘Commercial’, as set forth in the Bromley Park Planned Unit Development (PUD) 3rd Amendment. Chad August of MAH Architectural Group is the applicant (the “Applicant”) working on behalf of the prospective Property owner, Brady and Company 1 LLC (the “Prospective Owner”) as authorized by the Property owner, Little Big Fish LLC (the “Owner”). The Applicant desires to remove the minimum floor area standard of the principal building within the applicable regulations. As such, the Applicant is requesting a major PUD amendment, also commonly known as a rezoning.
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 unit development (PUD).
City Council is tasked with the final decision on requests to zone and rezone properties within City limits. The Land Use & Development Code outlines review criteria upon which the decision should be made. An ordinance to rezone must be approved by City Council via two readings to be considered approved. 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
Rezoning is the second step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). A Site Plan shall be approved administratively prior to any permits being issued. The Site Plan will be reviewed using the LUDC to ensure a proposal’s compliance with City codes and policies.
The Bromley Park Annexation Agreement approved in 1985 outlined that the accompanying PUD is vested for a period of forty (40) years. Additionally, the Bromley Park Land Use Regulations were adopted in 1986 that outlined the PUD amendment processes for the accompanying PUD. Per these Regulations, the zone change proposal does not meet the criteria for a Minor PUD Amendment, and as such, must be processed as a Major PUD Amendment “subject to the review of the Planning Commission and approval by the City Council after public hearings”. The Bromley Park Land Use Regulations do not call out specific review criteria for a Major PUD Amendment. The Planned Development process outlined in the LUDC is most closely aligned with the former Code’s PUD Amendment process. As such, Staff, the Planning Commission, and the City Council should use the Review Criteria outlined in Section 2.04 C. 1 of the LUDC. This criteria generally includes, but is not limited to, supporting the implementation of the Comprehensive Plan, the flexibility provided promotes the general health, safety, and welfare of the community, standards that support base zoning and design intentions, City and supporting services can be provided for the proposed uses, and the change supports a community need, amenity, or development that is not possible under the current zoning. This PUD Amendment is not converting to a Planned Development (PD) under the updated Land Use & Development Code, given the amendment process described as part of the vested Bromley Park PUD. As the rezoning is reviewed, it is important to refer back to the criteria to ensure consistency in review.
BACKGROUND
In 1986, the Property was annexed as part of the Bromley Park Annexation and zoned Single Family Attached. In 2002, the Property was then rezoned to ‘Commercial’ by the Bromley Park PUD 3rd Amendment. The Property is platted under the Buffs Landing Development Subdivision as “Building Pad A”.
The immediately adjacent properties are primarily developed as Commercial. The Prospective Owner and Applicant now seek to rezone to allow for the removal of the minimum floor area standard of the principal building. If approved, this rezoning would allow a principal building under 1,500 square feet as the current regulations would not allow one. All other applicable standards will still apply to the Property if the subject rezoning passes. This is the first rezoning application for the Property submitted by the Prospective Owner.
Surrounding Land Use(s):
STAFF ANALYSIS
Under the current zoning, the ‘Commercial’ designation allows for various uses including general retail, service, office and some residential uses. This PUD Amendment, as submitted by the Applicant, would change a standard in The Bromley Park Land Use Regulations to remove the 1,500 square foot minimum floor area requirement of the principal building. The Applicant’s request aligns with the standards outlined in the LUDC, which does not include a minimum building size requirement within any district. This PUD Amendment does not propose to alter any other dimensional or design standards, and as such, the dimensional and design standards put in place by The Bromley Park Land Use Regulations and the LUDC shall continue to apply.
CRITERIA BY WHICH THE COUNCIL MUST CONSIDER THE ITEM
COMPREHENSIVE PLAN:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as ‘Commercial’ (see attached map for area designation). Specifically, the Comprehensive Plan lists retail and service types including small businesses and commercial centers. As secondary uses, the Comprehensive Plan lists recreational amenities and public facilities. Based on the existing ‘Commercial’ zoning, the Property meets this portion of the Comprehensive Plan. Within the adjacent areas, the Comprehensive Plan designations include ‘Commercial’, ‘High Density Residential’, ‘Employment Commercial’ and ‘Low Density Residential’. Staff finds that the removal of the minimum building size standard is compatible with the Comprehensive Plan as the existing ‘Commercial’ zoning will remain in effect.
Within the Comprehensive Plan’s chapter on ‘Citywide Principles, Policies & Strategies’ for further guidance, the proposed PUD Amendment can be found to advance 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 which includes existing streets, sidewalk connections and utilities. The Buffs Landing Development includes access points and existing parking for the anticipated commercial development.
Policy 2.2 - Use Infrastructure Investments and the Urban Service Area Map to Focus Urban Development
● The Property is within the Urban Service Area Boundary where the City has invested in infrastructure and anticipates long-term growth.
Policy 5.2 - Support Brighton’s Non-Downtown Commercial Centers, Focusing Growth within Existing Investment Areas Where Possible
● The Buffs Landing Development includes various existing commercial uses and has the capacity for additional commercial development within the current pad sites. As this area develops, it will provide additional amenities to service the adjacent neighborhoods.
LAND USE & DEVELOPMENT CODE:
A Major PUD Amendment is permitted to advance given the allowance by the vested PUD. The below criteria shall be used to review the proposed PUD Amendment. After each listed sub-section, staff provides analysis.
The City Council in making its recommendation shall use the following criteria (Section 2.04 C.)
a. The plan better implements the Comprehensive Plan, beyond what could be accomplished under application of general zoning districts and development standards.
The proposed PUD Amendment will encourage development at the site that meets a number of policies of the Comprehensive Plan and will allow the Property some flexibility to further encourage development.
b. The benefits from any flexibility in the proposed plan promote the general public health, safety and welfare of the community, and in particular, that of the areas immediately near or within the proposed project, and the proposed flexibility is not strictly to benefit the applicant or a single project.
The removal of the minimum floor area requirement within the proposed PUD Amendment is consistent with the non-residential design standards of The Land Use & Development Code and removes a restriction that may allow for the development of a vacant lot for commercial purposes.
c. The flexibility in the proposed plan allows the project to better meet or exceed the intent statements of the base zoning district(s).
The proposed PUD Amendment will allow for a smaller building size that may create additional opportunities for outdoor amenities and landscaping design. All other standards shall comply with the applicable standards of The Bromley Park Land Use Regulations and The Land Use & Development Code.
d. The proposed adjustments to the standards do not undermine the intent or design objectives of those standards when applied to the specific project or site.
The proposed standards do not undermine their original intent or design objectives and are consistent with the standards outlined in the Land Use & Development Code.
e. The plan reflects generally accepted and sound planning and urban design principles with respect to applying the goals and objectives of the Comprehensive Plan to the area.
The proposed PUD Amendment will allow the Property to develop in a manner that will support and advance a number of policies of the Comprehensive plan and widely held sound planning and design principles.
f. The plan meets all of the review criteria for a zoning map amendment.
Section 2.03 B. outlines the below criteria to be used for such a review:
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 street, 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 allowed under the proposed PUD Amendment, may create additional variation in building size within the Buffs Landing Development. As the existing ‘Commercial’ zoning and standards will remain in effect, the site will develop similarly to other properties under the Bromley Park PUD.
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 is currently zoned ‘Commercial’, and the proposed PUD Amendment would no longer restrict the minimum principal building size. The development of this vacant site creates additional retail and service options for the surrounding neighborhoods.
5.) The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for commercial 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 Bromley Park Land Use Regulations and LUDC. Any site 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:
The Development Review Committee (DRC) reviewed this project and recommended approval.
Note: A complete list of comments and the agencies that made them can be provided upon request.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 300 feet of the proposed zone change, as required by the LUDC. These mailings were sent on February 20, 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. Two public hearing signs were posted on February 20, 2023 with one located on the North 42nd Avenue right of way and one along the northern side of the access drive into the Buffs Landing Development. A notice was published on the City’s website on February 20, 2023. As of the posting of this memorandum, Planning staff has not received any formal comments regarding the project in anticipation of the public hearing and its continuation. City staff published public hearing information on Facebook and NextDoor in the days leading up to the scheduled meeting date of March 7, 2023.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on February 9, 2023 and recommended approval unanimously after a public hearing was held (see the attached Resolution #23-1).
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zone Change via PUD Amendment is in general compliance with the requirements as outlined by the approval criteria in Section 2.04 C. 1. Review Criteria, of the LUDC and therefore recommends approval of the PUD Amendment. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation based on City staff’s review of the applicable codified criteria.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this PUD Amendment application. City Council may:
1.) Approve the Zone Change via PUD Amendment via Ordinance as drafted;
2.) Approve a modified Zone Change via PUD Amendment via Ordinance
1.) Deny the Zone Change via PUD Amendment via Ordinance with specific findings to justify the denial; or
3.) Continue the item to be heard at a later, specified date if the Council feels it needs more information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
Note: A second reading of the ordinance, if approved, will be required at a future meeting.
It is necessary to note that a denial by the City Council of the item before it must be because the Council does not find the item to meet one or more of the review criteria outlined in the staff report. If a denial is put forth, the motion must outline the particular review criteria that the Council finds the request does not meet.
ATTACHMENTS
● Draft City Council Ordinance
● Copy of the Planning Commission Recommendation, Resolution #23-1
● Aerial Map by City Staff
● PUD Amendment by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Affidavit of Posting
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation