Department of Community Development
Reference: Bromley Park Planned Unit Development (PUD) 32nd Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Stephanie Iiams, AICP Candidate, Associate Planner
Date Prepared: December 13, 2024
PURPOSE
The Major Planned Unit Development (PUD) Amendment application (the "Application” or the “Amendment”) before the City Council is for an approximately 8.552-acre property (the “Property”), generally located to the north of Cherry Blossom Drive, south of East Baseline Road, east of North 50th Avenue and west of Silver Maple Street. Currently, 7.11 acres of the Property is zoned “Multi-Family,” and 1.44 acres of the Property is zoned “Single Family Detached,” as set forth in the Bromley Park PUD 18th Amendment. Sue Sibel is the project contact working on behalf of the Property owner and applicant, Brookfield Residential LLC (the “Applicant”). The Applicant is requesting a rezoning from “Multi-Family” and “Single Family Detached” to “Single Family Attached” as defined under the Bromley Park Land Use Regulations. As such, the Applicant is requesting a Major Planned Unit Development (PUD) Amendment, which is a form of a zoning map amendment, also commonly known as a rezoning.
The proposed amendment incorporates Tracts G and GG, which were designated for open space purposes on the Brighton Crossing Filing 2 Amendment 4 Final Plat. The proposed Amendment would allow for those tracts to be developed rather than remain as open space. The open space dedication requirements for the Bromley Park PUD, which this Property is within, remain satisfied even with Tracts G and GG no longer considered as open space.
Along with creating a new zoning district, the proposed Amendment introduces development and design standards that differ from the Bromley Park Land Use Regulations and the Land Use & Development Code (the “LUDC”). These deviations facilitate a more diverse array of housing developments that were not foreseen under the previous zoning guidelines. The existing regulating documents are fairly traditional, and this amendment would provide for modernization and flexibility. The Amendment deviates from those standards outlined in Table 5-5 of the LUDC, and addresses front building line setbacks, front entrance features, garage limitations, landscaping, and street cross sections.
In the proposed development, all buildings and units will be located on a common lot, without individual property lines. This type of development makes it challenging to establish clear setbacks, raising concerns about distances to nearby roadways, driveway lengths, and other structures. The proposed Amendment aims to clarify the front building line locations relative to the adjacent roadway, ensuring uniformity throughout the community and appropriate spacing between buildings, roads, and neighboring structures. A potential concern is the proposed distance between the front building line and the edge of the drive aisle (as defined in the proposed PUD). This issue arises because the length is not quite that of a standard 18-foot driveway, yet it isn’t short enough to prevent parking, which could lead to vehicle blockages and/or congestion in the narrow drive aisle and attached sidewalk.
The proposed Amendment sets forth new standards and design techniques for the ‘porch’ front entrance feature, as required by the LUDC. The primary change is the implementation of a shared entrance feature between two units, rather than requiring each unit to have its own. The width requirement is also being adjusted to a minimum of 18 feet, rather than being determined by the façade width. The current standards are detailed in LUDC Table 5-8.
Under the proposed Amendment, garage faces can be at least even with or behind the front building line. This represents a shift from the rest of the code, which discourages garages from protruding and emphasizes alternatives to limit garage-orientation on the frontage and streetscape in denser developments, such as this.
The proposed Amendment sets forth landscaping requirements to be measured from the common area hardscape instead of property lines, as specified in the Bromley Park Land Use Regulations. This change will be advantageous during the plan review process, especially for the proposed common lot development. It provides a uniform reference point, making it easier to apply and review landscaping standards and will ensure a cohesive and visually appealing landscape design throughout the entire development.
The proposed Amendment includes two private street cross sections, a ‘Residential Drive Aisle’ and a ‘Residential Alley’. The alley will serve as the main thoroughfare through the community and the drive aisle will provide access to groups of units.
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 development can proceed, a site plan will need to be administratively approved and permits issued. All applications will be reviewed using the proposed PUD Amendment for all matters contained within it, and everything outside of it will default to the LUDC to ensure compliance with City codes and policies. It is important to note that the Property is currently platted and, therefore, may only need to go through the platting process if deemed necessary under Section 2.02(A) in the LUDC.
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 unit development (PUD).
The Bromley Park Annexation Agreement, approved in 1985, outlined that the accompanying PUD is vested for a period of forty (40) years. The Bromley Park Land Use Regulations were adopted in 1986 and outlined the amendment process for the PUD. Per these regulations, the proposal does not meet the criteria for a Minor PUD Amendment, and as such, must be processed as a Major PUD Amendment and “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 include specific review criteria for a Major PUD Amendment. The Planned Development process outlined in the LUDC is most closely aligned with the PUD Amendment process. As such, Staff, the Planning Commission, and the City Council should use the review criteria outlined in Section 2.04(C)(2) of the LUDC.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.04(C)(2) of the LUDC outlines the review criteria upon which the City Council must consider the Application. Specifically, the City Council must consider the following:
a. The plan proposes the most closely applicable base zoning district(s) for specific portions of the property in terms of land use, development intensity, and building form and scale.
b. The proposed change is consistent with concepts or plans in the previously approved Planned Unit Development and does not increase development beyond the capacity or impacts proposed in that plan.
c. The proposed plan either meets the standards provided in this code, or where deviations from the base zoning districts or other standards of this code are requested, they bring the project closer to the intent or design objectives of this code than was otherwise anticipated under the approved Planned Unit Development.
d. The plan meets all of the review criteria for a Zoning Map Amendment.
BACKGROUND
In 1985, the Property was annexed as part of the Bromley Park Annexation and portions of the Property over the years have been zoned Commercial, Multi-Family, Single Family Detached, and Single Family Attached. The most recent rezoning of the Property in 2015 zoned 7.11 acres of the Property Multi-Family and 1.44 acres Single Family Detached. The Property is platted under the Brighton Crossing Filing No. 2, 3rd Amendment and Brighton Crossing Filing No. 2, 4th Amendment final plats. The 1.44-acre Single Family Detached zoning area is designated as two open space tracts per the Brighton Crossing Filing No. 2, 4th Amendment final plat.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
The most recent PUD amendment for this project site is the 20th Amendment, but the 18th Amendment is the latest one addressing zoning. Under the Bromley Park PUD 18th Amendment, the current zoning permits multi-family development up to 20 dwelling units per acre and single-family units up to 4.43 dwelling units per acre. Based on the total site acreage and these zoning designations, a maximum of 148 units could be developed. The Applicant, however, proposes a change in use and decrease in density. The proposed Amendment would reduce the density to 13.2 dwelling units per acre, allowing for a maximum of 113 units. The table below illustrates the proposed change.
Current Zoning:
Proposed Zoning:
Under the Bromley Park Land Use Regulations this zoning designation would allow for attached independent family development, such as duplexes, triplexes, fourplexes, and townhome complexes.
Land Use & Development Code:
The City Council in making its decision shall use the criteria outlined in Section 2.04(C)(2). Below, Staff analyzes how the Application meets and/or exceeds the criteria.
a. The plan proposes the most closely applicable base zoning district(s) for specific portions of the property in terms of land use, development intensity, and building form and scale.
Given the diverse land uses surrounding the Property, the Single Family Attached designation serves as a suitable transition between higher intensity uses like Commercial and lower intensity use like Single Family Detached. Considering the site’s size and shape, a low-density use would not efficiently utilize the land due to the limited number of lots that could be developed, restricted access, and its proximity to a major arterial roadway. Single Family Attached offers an appropriate and efficient use of the land.
b. The proposed change is consistent with concepts or plans in the previously approved Planned Unit Development and does not increase development beyond the capacity or impacts proposed in that plan.
As much of the site is currently zoned for Multi-Family, the proposal would decrease the impact on adjacent infrastructure. Under the current zoning, a maximum of 148 units would be able to be developed on the Property. The proposed Amendment will decrease density to allow for a maximum of 113 units to be developed. Future development plans will ensure that the developer is making any necessary public improvements to support future development.
c. The proposed plan either meets the standards provided in this code, or where deviations from the base zoning districts or other standards of this code are requested, they bring the project closer to the intent or design objectives of this code than was otherwise anticipated under the approved Planned Unit Development.
As mentioned earlier, the proposed Amendment allows for development and design standards that differ from the Bromley Park Land Use Regulations and the LUDC. This change would enable the creation of housing types that are not feasible under current zoning regulations. These deviations will offer a variety of housing options for the City, providing accommodation to different household sizes, ages, and income levels, thereby fostering more inclusive communities. As detailed in the Housing Needs Assessment that was conducted by the City this past year, there is a significant need for additional housing, particularly missing middle housing. By providing this type of development, missing middle housing helps to address housing shortages and ease overall market pressures.
d. 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.
Comprehensive Plan:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as High Density Residential. The Future Land Use designation of High Density Residential is to encourage high density housing near a mix of land uses and major corridors, such as Baseline Road. As mentioned, the Applicant is requesting to rezone the Property to “Single Family Attached.” Based on the proposed zone district and the intended development of the Property, the Application meets this portion of the Comprehensive Plan.
The proposed zoning meets other policies and strategies of the Comprehensive Plan. Within Chapter Four on ‘Citywide Principles, Policies & Strategies,’ the proposed 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 upon the established framework of roads, utilities, and other public amenities.
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 proposed development will provide diversity in housing by offering a medium-high density product type that will meet the needs of all ages and walks of life allowing residents to remain in Brighton along the continuum of housing needs. Additionally, the development of this Property will support the balance between residential and non-residential zoning in this area furthering the live, learn, work, shop, and play concept.
Policy 6.2 - Ensure Residential Lots and Architecture Enhance the Street
● Under this Amendment, front building lines, front entrance features, and garages are written specifically for this development to ensure a uniform and quality design that enhances the streetscape. The proposed development will include alleys to accommodate alley-loaded garages. These changes will create a unique community while remaining integrated with the surrounding neighborhoods.
Policy 6.4 - Encourage the Enhancement of and Reinvestment in Existing Neighborhoods
● The proposed development will effectively bridge the gap between higher and lower density areas, ensuring a smooth and harmonious transition from the existing neighborhoods.
Policy 6.5 - Encourage Projects that Enhance the Diversity of Housing Types and Costs, and Manage Affordability through Supply and Subsidy
● The rezoning of this Property encourages diverse types of housing developments for the full spectrum of incomes and meets the needs of all ages and walks of life. In contrast, it discourages the continuation of housing designs and development patterns that are prevalent within a single income bracket or product type, which are currently not present in the city.
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 proposed rezoning will facilitate a development that aligns more closely with both existing and future land uses in the area, compared to the current zoning designation. By considering the needs and characteristics of the neighborhood, the proposal aims to strengthen the overall community fabric, providing a balanced mix of residential and commercial spaces. The buildings will be designed to match the scale and format of nearby structures, ensuring a cohesive and integrated appearance.
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.
This change would enable the creation of housing types that are not feasible under current zoning regulations increasing housing stock and diversity, which is a significant need in the city.
5.) The recommendations of any professional staff or advisory review bodies.
City staff finds this site appropriate for single family attached residential 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, the proposed PUD Amendment, and the Bromley Park Land Use Regulations. Any 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 December 12, 2024, and unanimously recommended approval. (See the attached Resolution #24-13.)
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed zone change, as required by the LUDC. These mailings were sent on December 20, 2024, 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 the same day. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. On December 18, 2024, three signs were posted on the Property. One sign was posted on the south side of East Baseline Road, one sign was posted on the north side of Cherry Blossom Drive, and one sign was posted on the west side of Silver Maple Street for the City Council Public Hearing on January 7, 2025. As of the posting of this report, Planning staff has received one formal comment on the project in anticipation of the public hearing, the letter is attached to the packet.
On June 19, 2024, as required by Code prior to the submission of the Application to the City, the applicant held a virtual 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. The Applicant had multiple members of their team available to present their proposal, field any questions, and take feedback from meeting participants. A copy of the neighborhood meeting minutes is attached to this report.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Application is in general compliance with the requirements as outlined in Section 2.04 (C)(2) of the LUDC and, therefore< recommends approval of the Bromley Park PUD 32nd Amendment. Staff has prepared a draft ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Application. City Council may:
1.) Approve the Application;
2.) Deny the Application and provide justification for the denial;
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 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 at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution #24-13
● Aerial Map by City Staff
● PUD Amendment by Applicant
● Neighboring Area Property Owner Notification
● Buffer Map of Mailing Area
● Affidavit of Sign Posting
● Public Notice on Website
● Website Posting Proof
● Draft Staff Presentation