Department of Community Development
Reference: Singh Property Zoning Map Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: February 3, 2025
PURPOSE
The Zoning Map Amendment application (the "Application”) before the City Council is for an approximately 10.59-acre property (the “Property”), generally located to the north of East 120th Avenue, south of East 121st Place, east of Wheeling Street and west of Potomac Street. Currently, the Property is zoned Singh and Kaur PUD (Planned Unit Development). Haily McKay is the project contact working on behalf of the Property owners and applicants, Singh Rashpal and Kaur Rajwant (the “Applicants”). The Applicants are requesting a rezoning from Singh and Kaur PUD to C-2 (Restricted Retail and Services).
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 through a public process, a final plat must be approved administratively, and site plan must be approved administratively. All applications will be reviewed using the Land Use & Development Code (the “LUDC”) to ensure a proposal’s compliance with City codes and policies.
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 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 of any professional staff or advisory review bodies.
BACKGROUND
The Property was annexed in 2004 under the Singh and Kaur Annexation, Ordinance 1812. Prior to annexation, a portion of the Property was platted in Adams County under the Farner Estates Amended Subdivision Plat. The Property is zoned Singh and Kaur PUD via City Council Ordinance 1857. In 2011, the vested property rights expired, and the Property is no longer developable under the current zoning.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
The Application proposes a zoning of C-2 (Restricted Retail and Services). This zoning designation would allow for uses such as retail and services including small businesses and commercial centers. All associated uses with this zone district can be found in Article 4 of the LUDC.
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.
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Mixed Use Residential. As mentioned, the Applicants are requesting to rezone the Property to C-2, Restricted Retail and Services. While the proposed zoning does not meet the intent of the future land use designation, there are several important site conditions that should be considered.
The Mixed-Use Residential designation is intended to provide diverse housing options that integrate residential living with nearby commercial and civic uses. A mixed-use district typically requires sufficient land to support diverse land uses. At a little over 10 acres, the Property’s size limits its ability to develop a fully integrated mix of uses. Additionally, the City's Mixed-Use zone districts encourage high-density development through the required site and building design standards. The dense urban style development encouraged under the mixed-use district would not be compatible with the abutting rural residential neighborhood. Given these constraints, a fully commercial development is more appropriate and less impactful to the surrounding neighborhood compared to a mixed-use development. The proposed zoning also aligns with other policies and strategies of the Comprehensive Plan. In particular, the Opportunity Area Policies Section of Chapter Three, Number 15. 120th Avenue Opportunities, emphasizes the need to foster long-term economic growth and encourage high-quality development along the 120th Avenue corridor. The rezoning would concentrate commercial development along a key intersection of a Major Arterial and Collector roadway, with close proximity to E-470. This location is well-suited to support commercial uses and integrates with the City’s broader vision for the area. Additionally, all adjacent lots within the City are already zoned for commercial use, further supporting the appropriateness of the proposed C-2 zoning.
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 out adjacent roadway and utility infrastructure.
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 support the balance between residential and non-residential uses, particularly in the southern part of the City. As nearby developments such as Brighton Ridge and Adams Crossing progress, this Property will play a key role in creating a well-rounded community with a mix of uses. This balanced approach will enable residents, businesses, and services to coexist in close proximity, allowing people to live, learn, work, shop and play in the same area.
Policy 5.2 - Support Brighton’s Non-Downtown Commercial Centers, Focusing Growth within Existing Investment Areas Where Possible
• The Property is strategically located along a major corridor where significant growth and investment are expected. The development of the Property will help establish a vibrant commercial hub, benefiting both the local economy and surrounding residential communities.
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 rezoning will promote cohesive development across all adjacent commercial parcels, ensuring that the area develops in a unified manner. It will also drive improvements to the public infrastructure, enhancing the overall connectivity of the area. As part of the future site plan review, careful consideration will be given to building design and site layout to ensure that they are compatible with the neighboring residential areas. This process will prioritize a smooth transition between commercial and residential 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.
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 Singh and Kaur PUD, approved in 2004, allowed for uses consistent with the previous C-1 zone district. However, the types of uses permitted under the old C-1 zoning are no longer suitable given the area’s current and anticipated growth. Since the approval of the PUD, the surrounding area has experienced significant development, and additional projects are expected in the near future. Given the Property’s location at a key intersection, the proposed rezoning will better serve the growing community by providing essential retail, service, and employment opportunities. These uses are increasingly needed as nearby residential neighborhoods and regional infrastructure continue to expand. The rezoning will also ensure that the site is developed in compliance with all current Land Use & Development Code standards, including buffer and screening requirements to adjacent residential uses.
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 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 are available upon request.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on January 23, 2025, after the applicant requested a continuance from the December 12, 2024 meeting, and voted 3-2 to recommend denial of the zoning map amendment.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed zone change, as required by the Land Use & Development Code. These mailings were sent on February 13, 2025, 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 February 11, 2025. City staff also posted public hearing information on Facebook and NextDoor on the same day. One sign was posted on the north side of East 120th Avenue and one sign was posted on the west side of Potomac Street on February 13, 2025, for the City Council hearing. As of the posting of this report, planning staff has not received any formal comments regarding this hearing. Comments received in advance of the Planning Commission hearing are attached to this report.
On May 3, 2024, as required by the LUDC, prior to the submission of the Application to the City, the Applicant held a 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.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zoning Map Amendment is in general compliance with the requirements as outlined in Section 2.03 B. of the Land Use & Development Code and therefore recommends approval of the Singh Property Zoning Map Amendment. Staff has prepared a draft 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 Application via ordinance;
2.) Deny the Application;
3.) Approve the Application 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
● Aerial Map by City Staff
● Proposed Zoning Map Amendment
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● Affidavit of Sign Posting
● Public Comment
● Draft Staff Presentation