Department of Community Development
Reference: Bromley Park PUD 26th Amendment - Zone Change
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Deputy City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Mike Tylka, AICP, Senior Planner
Date Prepared: February 23, 2021
REVIEW
On February 16, 2021, the City Council opened the required public hearing and immediately continued the item to its meeting scheduled for March 2, 2021 due to technical issues with the cable broadcast of the proceedings. The public hearing will be reopened by the Mayor on March 2, 2021.
PURPOSE
The Zone Change via a Major PUD Amendment application before the City Council is for an approximately 11.412 acre property (the “Property”), generally located to the southeast of the intersection of Bridge Street and S. 40th Avenue and north and east of Fire Station 52. Currently, the Property has a zoning designation of “Commercial” via the Bromley Park Planned Unit Development (PUD) 13th Amendment. Cynthia Leibman of Page Southerland Page, Inc. is the applicant working on behalf of the Property owner, Columbo II LLC (the “Owner”). The Owner desires to expand the allowed uses on the site and alter certain site development standards. As such, the Applicant is requesting a zone change, 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). Before any permits can be issued, a Major Subdivision Plan shall be approved via a public process, a Final Plat shall be approved administratively, and a Site Plan shall be approved administratively. All will be reviewed using the City’s Land Use & Development Code to ensure a proposal’s compliance with City codes and policies. It is important to note that no user has been identified nor have there been any applications received to plat or build on the Property.
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 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”. Unfortunately, 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 updated Land Use & Development Code 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 the Land Use & Development Code’s Section 2.04 C. 1. These generally include but are 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.
STRATEGIC FOCUS AREA
● Recognizable and Well-Planned Community
BACKGROUND
In 1986, the subject Property was annexed as part of the Bromley Park 2 Annexation and zoned as Single-Family Attached (i.e., duplex, triplex, fourplex and townhome units would have been allowed) via the Bromley Park PUD 1st Amendment. The majority of the site is unplatted. In 2009, as part of the Bromley Park PUD 13th Amendment rezoning, it was zoned Commercial, with uses restricted to those of the City’s C-3 (General Retail & Services) zoning district. Additionally, the 13th Amendment outlined certain design and lot standards for the Property. At the time, these design and lot standards pertained to a major prospective tenant. Given that this tenant and accompanying users never materialized at this location, the Owner and Applicant now seek to rezone to allow for an expanded mix of possible users allowed under the general standards used in the Bromley Park PUD before the 13th Amendment was adopted. Prior to the 13th Amendment, the Property was zoned in 1994 as part of the Bromley Park PUD 2nd Amendment as “Commercial” for the six (6) acres directly to the southeast of the intersection of S. 40th Avenue and Bridge Street. The rest of the Property was zoned for Multi-Family. This is the second rezoning application for the subject Property submitted by the current Owner since they took ownership of it in 2007. In 2007, the Owner acquired the Property as part of a larger purchase that included over 300 plus acres in the Bromley Industrial Park. The subject Property was not part of the adjacent Bromley Park PUD 24th Amendment heard and approved by City Council in 2020.
STAFF ANALYSIS
The PUD Amendment, as submitted by the Applicant, would allow uses as outlined in the Bromley Park Land Use Regulations for the “Commercial” designation. This would open up the Property to possible multi-family residential uses, as well as general retail and service commercial uses as outlined in the C-3 Zone District. The Bromley Park Land Use Regulations outline that the “Commercial” designation is: “A mixed use district including general retail, service, office and multi-family uses intended to provide local and community retail uses and services, as well as, any office use designed to provide administrative, professional, and personal services category. Land within this classification is located on arterials.” It is important for the City Council to consider the rezoning under the entire scope of uses that could be allowed with the desired zone district.
The 13th Amendment outlines standards that provide specific dimensional standards for retail and outdoor sales, including no minimum floor area requirements for a principal building, and allows for canopies and certain overhangs to encroach into parking areas and setbacks up to five (5) feet. The proposed PUD Amendment seeks to remove these specific standards for the Property. The new Land Use & Development Code outlines outdoor sales and overhanging encroachments in depth, so there is no need for site specific ones that differ from those allowed citywide. As the proposed PUD Amendment removes the allowance of no minimum floor area for a principal building, commercial uses will now be held to a minimum of 1,500 square feet as outlined in the Bromley Park Land Use Regulations.
The proposed PUD Amendment does carry over the minimum required lot size of 0.5 acres. This standard is slightly larger than the one in the new Land Use & Development Code for similar building and lot types, but found to be acceptable, and it has already been used in other areas zoned by the Bromley Park PUD. Staff finds that this standard was originally included in the 13th Amendment to provide clarification to the stated minimum area of a lot in the Commercial designation of the Bromley Park Land Use Regulations of four (4) acres. Staff finds that the four (4) acre figure is meant to mean the entire commercially zoned area and not an individual lot for an end user. As such, staff is comfortable continuing with a 0.5 acre minimum lot size as this will allow for adequate space to meet parking, landscaping, open space, and similar requirements, as well as, provide clarification.
Design standards outlined by the PUD Amendment propose that multi-family development may take place according to the standards outlined in the Land Use & Development Code and that commercial development may take place according to those standards outlined in the Bromley Park Town Center Regulations, and if not covered in there, then in the Bromley Park Land Use Regulations. The Land Use & Development Code will be applied for any development standard or regulation not addressed in those two documents for commercial proposals.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
COMPREHENSIVE PLAN:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated this area as appropriate for ‘Commercial’ land uses. Along the Bridge Street and 50th Avenue corridor, in areas that are zoned as part of the Bromley Park PUD, the same Comprehensive Plan designation of “Commercial” is in place where properties are allowed the same degree of residential development as proposed with this PUD Amendment. This is because they are governed by the uses allowed by the “Commercial” designation of the Bromley Park Land Use Regulations. While the rezoning of the Property to allow both commercial and multi-family residential uses is not completely compatible with the Comprehensive Plan’s land use designation of “Commercial,” the Bromley Park “Commercial” zoning has always allowed for multi-family residential development. As such, the Property has historically allowed a degree of denser residential uses and was only limited to C-3 uses with the 13th Amendment, in order to meet the demands of a proposed commercial tenant.
Looking to 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. Within the Managing Growth Principle, Policy 1.1 is supported as new development at the Property will favor an existing area of infrastructure and planning. The expanded allowed uses could help the Property to develop in an area that is surrounded by areas of coming and existing development and infrastructure investment. Development at the site will be able to connect into the existing roadway and utilities networks. The site is bounded by two Minor Arterials per the adopted Master Transportation Plan. As for The Freestanding City Principle, the proposed PUD Amendment can be thought of to support Policies 2.1 and 2.2 as its adoption could allow the site to develop in a manner that will support the City’s desire to have an appropriate balance between residential and non-residential uses, and it will help to focus urban development within the Urban Service Boundary where the City has invested in infrastructure. Moving to the Economically Vibrant Community Principle, Policy 5.2 could be supported by the PUD Amendment as the Property’s development can be seen to support nearby commercial centers if developed as multi-family residential and as it would focus growth within an existing investment area. The Distinctive Neighborhoods Principle’s Policy 6.5 that looks to support enhancing the diversity in housing type and cost, could be furthered by allowing multi-family residential development at the Property. Additionally, Policy 7.3 of the Community Design Principle that seeks to promote well designed commercial centers, would be furthered if the Property develops under the guidelines laid out in the proposed PUD Amendment.
LAND USE & DEVELOPMENT CODE:
As described at length in the Processes Section of this document, a Major PUD Amendment is permitted to advance given the allowance by the vested PUD and 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 decision 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 that a general zoning district would not.
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 flexibility in the proposed PUD Amendment will allow the Property to develop similarly to other nearby areas with the same Bromley Park PUD zoning. The possibility of this Property developing as either commercial, multi-family residential, or a mix of the two, will meet a citywide demand for diversity in retail, services, or housing.
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 the project to develop as outlined in the Bromley Park Land Use Regulations Commercial designation. This same base district, allowing a mix of commercial and multi-family residential uses, has historically been used for multiple commercial areas in the corridor directly to the east.
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.
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, will ensure that the site develops similarly to other properties under the Bromley Park PUD. The surrounding allowed uses are compatible with the use of the Property as commercial and/or multi-family residential. The Property is part of a master planned community where varying housing products were envisioned when annexed and created in the mid-1980s. Multi-family and single-family attached residential areas of development were outlined from inception.
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. As previously noted, the Property is part of a larger master planned community where the applicant submitted overall drainage, traffic, and utilities reports that were accepted and approved by the City. In this plan (overall PUD area), the developer was granted a total number of residential units that today is unmet with developed and platted lots as multiple nearby areas developed at a lower density than initially permitted.
Proper stormwater drainage can occur once the subdivision to the south (Brighton Crossing Filing No. 6) is completed as its development requires regional pond construction at the southeast corner of S. 40th Avenue and Southern Street. The adjacent right-of-way for S. 40th Avenue, which is currently being drained to the Property as a temporary solution, will be able to drain to a final condition with the construction of the North Outfall Project as it will then be moved through Pheasant Ridge where it will then connect to the new outfall system. The estimated time of completion on the North Outfall is within two (2) years. Future development of the site would be required to have the proper storm drainage completed as part of their subdivision plan and final plat approvals.
Per existing agreements, the City is obligated to serve development on the Property with water and sewer service. Additionally, per the agreements, development on the Property can pay a fee-in-lieu in place of dedicating raw water shares.
In analyzing the nearby road network, there are many items to consider. North 40th Avenue is planned to be built to the north of Bridge Street in the coming years and City staff is currently in the land acquisition phase. The developer of the future residential subdivision to the immediate south is being tasked with making improvements to S. 40th Avenue to increase the level of service (LOS) at its intersection with Bridge Street. Additionally, that developer is contributing to the future signal at that same intersection. The signal will be placed when warrants are met and those are expected to be triggered soon after the construction of the subdivision to the south. The future developer of the subject Property will be tasked with submitting a Traffic Impact Study to City staff with any application for initial development. When this is reviewed, City staff may require nearby improvements based on their impacts. This will likely include contributions to a future signal at 42nd Avenue and Bridge Street. As for Bridge Street, City Council gave City staff direction as part of a CIP to expand the roadway from where it is currently only one travel lane in each direction from 27th Avenue to 42nd Avenue to be built as soon as possible to the final roadway condition.
It should also be noted that the City of Brighton will be the required entity to build a future interchange at I-76 and Bridge Street as CDOT will not fund or construct the interchange. The interchange is in the City’s Master Transportation Plan and has preliminary design plans with a future design phase with construction pending future budget appropriation by the City Council.
As for nearby LOS, City staff is providing the following figures from recent reports. The interchanges of I-76 with Baseline Road and Bromley Lane remain areas of concern and the hope is that an interchange at I-76 and Bridge Street will help alleviate these.
● The unsignalized intersection of Bridge Street and S. 40th Avenue is currently operating at a LOS of C or better during both the morning and afternoon peak-hours with the exception of the northbound approach which operation at LOS F. The anticipation is that this intersection requires signal control soon in which it is expected to operate at LOS B. As mentioned earlier, the developer to the south will be making improvements to the intersection and contributions towards the future signal. City staff would require the same for any future developer of the Subject Property.
● The intersection of Bridge Street and 45th Avenue operates at an overall LOS of B during the morning peak-hours and LOS A during the afternoon peak hours. By 2022 this intersection is expected to operate at an overall LOS of B or better during both morning and afternoon peak-hours and is expected to do so through 2040.
● As for the intersection of Bridge Street and N. 42nd Avenue, all movements at this unsignalized intersection currently operate at LOS C or better during both morning and afternoon peak hours with the exception of the southbound left/through movement which operates at LOS E during the afternoon-peak hour. By 2022, several movements are expected to operate at LOS E or F. City staff anticipates a contribution from a future developer of the Property to improve and signalize this intersection and will require and receive contributions from other nearby developers for new developments. City staff will continue to monitor this intersection and require appropriate contributions once an initial user or developer is identified as they will have a traffic count associated with them.
● The intersection of S. Avenue and Southern Street, currently an all-way-stop, currently operates at an overall LOS B during both morning and afternoon peak-hours. By 2022, the morning-peak hour is expected to operate at an overall LOS C and the afternoon peak-hour is expected to operate at an overall LOS B and is expected to do so through 2040.
● The intersection of 50th Avenue and Bridge Street is expected to operate overall at LOS C until 2040.
Per School District 27J, if a residential development is built and occupied on the Property in the short term, potential residents would attend Pennock Elementary, Overland Trail Middle School, and Brighton High School. Pennock has adequate capacity for the next ten years or more, Overland will likely go over capacity around 2024, and Brighton High is over capacity. If a potential, bond measure is passed this November, it will include capacity relief for Overland and Brighton High. 27J will review any development with proposed residential unit counts when they are submitted and calculate estimated numbers of students for each school. The only stated occasions in which 27J has objected to a development is when a developer refused to pay cash-in-lieu of land dedication and or contribute to the Capital Facility Fee Foundation (CFFF) as these help mitigate the impact of students on district facilities particularly if they are overcrowded. It is their belief that this has never occurred in Brighton. Of note is that the school boundaries are typically only changed when a new school is added.
City staff reached out to the Brighton Fire Rescue District given their station’s adjacent location and they have not voiced any opposition. The Fire District will be part of the team reviewing future site development and building plans. Additionally, the Police Department is notified and a reviewing member of certain development proposals in the stages after rezoning.
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 limited in uses, and the proposed PUD Amendment would allow for an expanded set of possible uses for the Property that will serve a community need for expanded retail, services, and or housing diversity.
5.) The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for a variety of 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 standards as outlined in the PUD Amendment. 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 recommends approval.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 300 feet of the proposed zone change, as required by the Land Use & Development Code. Additionally, mailings were sent to all those property owners within 1,000 feet according to Section 2.01 F. 3. C. (1), as there are several large parcels on the perimeter of the subject Property. These mailings were sent on January 29, 2021 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. Three public hearing signs were posted on January 29, 2021 with one located adjacent to S. 40th Avenue, S. 42nd Avenue, and Bridge Street. A notice was published on the City’s website on the same day. 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 various forms of social media in the days leading up to the February 16, 2021 meeting and did so again for the continuation to March 2, 2021. The date of the hearing was updated on the posted signs shortly thereafter the continuation.
On October 8, 2020, as required by Code prior to the submission of the application to the City, the applicant held a neighborhood meeting in Brighton. Given the pandemic, potential attendees were given the option to attend in person, outside, while observing social distancing, in a picnic pavilion, in Benedict Park, or virtually. The notification mailings, sent by the Applicant to property owners within 1000’ feet of the subject Property, included information on both meeting options. 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.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on January 28, 2021 and recommended approval unanimously after a public hearing was held (see the attached Resolution #21-1). All required notice requirements were conducted before this meeting and notice was posted to various social media sites.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zone Change via PUD Amendment is in general compliance with the requirements as outlined as approval criteria in Section 2.04 C. 1., Review Criteria, of the Land Use & Development Code 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;
3.) Deny the Zone Change via PUD Amendment via ordinance with specific findings to justify the denial; 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.
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 #21-1
● Aerial Map by City Staff
● PUD Amendment by Applicant
● Neighboring Property Owner Notification
● Addresses of Property Owners Notified
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation