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Department of Community Development
Reference: St. Elizabeth's Church Block Rezoning
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Jason Bradford, AICP, Planning Division Manager
Date Prepared: March 23, 2015
PURPOSE
In response to demonstrated support from several property owners in the area, together with a review of the overall zoning trends and potential opportunities in the area, staff is proposing a rezoning of the west side of the block that is bound by Bridge Street on the north, S. 3rd Avenue on the west, Bush Street on the south, and S. 4th Avenue, on the east. Staff is also proposing the inclusion of the property addressed as 25 S. 4th Avenue within the proposed rezoning area. (Please see attached map.) According to the Land Use and Development Code, Section 17-8-80, Zone Changes, the City Council may initiate a change in the zoning designation for an area of the City.
BACKGROUND
St. Elizabeth's Episcopal Church, located at 76 S. 3rd Avenue, approached the Planning Division with a request to rezone the church's property from the existing zoning designation of C-1 (Local Retail) to a zoning designation of DT (Downtown), in order to market the sale or lease of the church's parsonage house, located at 70 S. 3rd Avenue, to a wider range of potential users than are currently available under the C-1 zoning. Staff informed the church that "spot zoning" of an individual property, when it is not adjacent to the zone district being sought, is generally discouraged. However, staff suggested that if the church could demonstrate support for a rezoning from property owners in the area, especially residential property owners, staff would present the City Council with a city-initiated rezoning proposal for a larger area, as deemed appropriate. In the past, the proposed area to be rezoned is part of a general area that has been studied by the City as a potential area where rezoning to the DT zoning designation may be appropriate.
In response to staff's suggestion, representatives of the church presented two (2) letters of support for a rezoning of the area, in addition to the church's own demonstration of support. Considering this demonstration of support, staff is proposing the rezoning of six (6) properties located on the west side of the block that is bound by Bridge Street on the north, S. 3rd Avenue of the west, Bush Street on the south, and S. 4th Avenue, on the east (addressed as 24 - 76 S. 3rd Avenue).
As shown on the attached map, there are a total of eight (8) properties that constitute the west side of the block. Of these eight (8) properties, the two (2) properties adjacent to Bridge Street are already zoned DT. The remaining six (6) properties on the west side of the block are currently zoned C-1. Of those six (6) properties, four (4) are currently used for commercial uses (the church and parsonage house located at 76 and 70 S. 3rd Ave., the Qwest Building located at 54 S. 3rd Ave., and a counseling business located at 30 S. 3rd Ave.). The commercial properties (the Qwest Building and the counseling center) are allowed under the proposed DT zoning designation, so the rezoning should not have any negative consequences for these two (2) properties.
The remaining two (2) properties on the west side of the block are residences. The two (2) residential properties are the only properties on the block that would be considered non-conforming under the proposed DT zoning. However, both residential properties are also currently considered non-conforming uses under the existing C-1 zoning, so their status will not be changed by the proposed rezoning to DT. Though considered non-conforming, both residential properties are currently, and would continue to be considered, "legally non-conforming," which means, so long as there is compliance with the conditions in the Land Use Code, the residential uses may legally continue to be used for residential purposes. Additionally, both residential property owners have provided a letter of support for the proposed re-zoning of the block to a zoning designation of DT.
Staff participated in a general informal discussion of the rezoning options for the subject area with the City Council during a study session meeting held on January 13, 2015. In order to "clean-up" the zoning map, the City Council suggested that staff also consider including Lots 35 to 37, Block 16, of the Walnut Grove Addition to Brighton, which is addressed as 25 S. 4th Avenue, in the proposed rezoning boundary. (See attached rezoning map.) This property is currently zoned C-O, though the properties directly adjacent, to the north and to the south, are zoned DT (Downtown). The inclusion of this property would bring needed continuity to the zoning district boundary in this area. Staff approached the property owner and that owner has agreed to the inclusion of the property in the rezoning boundary.
Public notice of the City Council public hearing was published in the Brighton Standard Blade, on February 18, 2015. Since the proposed rezoning of the area is being initiated by the City, a thirty (30) day public notice was mailed to all affected property owners via certified mail. A thirty (30) day public notice was also mailed to all property owners within 300' of the proposed rezoning boundary. Two (2) public notice signs were also posted in the area (one on the St. Elizabeth's Church property and the other on the property located on S. 4th Avenue - 25 S. 4th Avenue). All public notices were provided in accordance to Section 17-8-80, Zone Changes, of the Land Use and Development Code.
The Planning Commission, during a public hearing held on March 24, 2015, passed a resolution recommending approval of the proposed rezoning.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-8-80 (5), Criteria for Rezoning, of the Land Use and Development Code, specifies four (4) criteria to be used in determining a request for rezoning. The criteria are as follows:
1) Complies with the Comprehensive Plan and other master plans of the City;
2) Complies with the requirements of the Land Use and Development Code, and with the zone district;
3) Provides consistency with the purpose and intent of the Land Use and Development Code; and
4) 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.
According to the Comprehensive Plan, the subject properties are located in the "City Core" Planning Area, and are designated in Figure 4: Future Land Use Plan as being appropriate for "Commercial" uses. "Commercial" uses, as defined in the Comprehensive Plan, represent "a range of retail, service and office uses
." The intent of the "City Core" Planning Area is to maintain the area's basic character, with an emphasis on improving the Downtown and Bridge Street corridor.
FINANCIAL IMPACT
The proposed zoning should not have any negative financial impacts.
STAFF RECOMMENDATION
Staff believes the DT zoning district would be appropriate for this area. The existing zoning and many of the existing uses in the block are commercial in nature, so the proposed DT zoning will not create any additional non-conforming uses. The land uses allowed under the DT zone district should not have any negative impacts on the neighboring properties or the surrounding area, and would be compatible with the surrounding mix of uses found in the area. The existing development patterns found at the subject properties are compatible with the typical development patterns found in Brighton's Downtown. In addition, the rezoning proposal does not conflict with the Comprehensive Plan's designation of the area as being appropriate for "Commercial" uses. The rezoning request also does not conflict with the intent or the policies of the Comprehensive Plan or the "City Core" Planning Area objectives. Also, the owners for the two (2) existing residential properties have provided letters of support for the rezoning.
OPTIONS FOR COUNCIL CONSIDERATION
§ Approve the rezoning ordinance.
§ Deny the rezoning ordinance with specific findings to justify the denial.
ATTACHMENTS
§ Proposed Rezoning Area Map
§ Ordinance (draft)
§ Letter from St. Elizabeth's Episcopal Church requesting rezoning
§ Two (2) letters of support from residential property owners (24 and 44 S. 3rd Avenue)
§ Planning Commission Resolution (without exhibits)