Body
Department of Community Development
Reference: Bromley Interchange Subdivision Zone Change
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Assistant City Manager
Philip Rodriguez, City Manager
Prepared By: Mike Tylka, Associate City Planner
Date Prepared: January 19, 2018
PURPOSE
The zone change application before the City Council is for approximately 14.18 acres, comprised of three parcels, located at the southeast corner of the intersection of Interstate Highway 76 and Bromley Lane (the “Property”). Currently, the Property has a zoning designation of Business Park (BP). Mr. Mick Leigh is the applicant and his company known as ‘Leigh Enterprises, LLC’ is the owner of two of the three parcels. ‘KG Store 939, LLC’ is the owner of the third parcel and they have provided written consent for their property to be included in the zone change request. The Applicant, on behalf of all the owners, is requesting a zone change to General Retail and Services (C-3).
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. City Council is tasked with the final decision on requests to zone and rezone properties within City Limits. 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 Planning Commission and City Council. Requests to rezone are brought before the Planning Commission for their recommendation prior to review and final determination by the City Council.
BACKGROUND
The Property was annexed as a part of a larger annexation in this area in 2007 known as the Bromley Hill Annexation and is comprised of Lots 1 and 2 of the Bromley Interchange Subdivision and a parcel under a South Beebe Drainage Easement used for regional drainage. The current use on Lot 1 is a Kum & Go Gas Station and Convenience Store. Kum & Go was required to obtain a Conditional Use Permit by City Council in order to operate this use under the Business Park Zone District as its use was considered a ‘supporting use’. The Business Park Zone District is designed to be for multiple lots that act as a singular business park with a common design where ‘supporting uses’ (Section 17-16-170(c)) are only allowed with ‘primary uses’ in the same contiguous Business Park Zone District. Lot 2, currently undeveloped, is limited by the current zoning to a use being a ‘primary use’ such as a professional or medical office, hotel, or light manufacturing. The Applicant seeks to rezone to General Retail and Services (C-3) as this will allow the remaining undeveloped lot to have additional land uses. By way of example, the proposed rezoning to C-3 would allow for restaurants, auto accessory and supply services, auto repair, grocery stores, retail stores, and/or banking institutions. If only Lot 2 (the undeveloped lot) was to be rezoned, it would create an issue with Lot 1 (the Kum & Go) as the Conditional Use was approved with the understanding that a Business Park Zone District ‘primary use’ would be developed on the adjacent lot, Lot 2. The Business Park Zone District mandates that uses on lots in a connected area under this zone district, that have ‘supporting users’ in this instance, the Kum & Go, also have a ‘primary user’, which was supposed to be Lot 2.
Surrounding Land Use(s):
|
|
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Commercial/Industrial |
Bromley Park PUD Amendment 15 |
City |
|
South |
Commercial/Industrial |
Adams County A-2 |
City/Adams County |
|
East |
Agricultural/Residential |
Adams County PUD & County A-1 |
Adams County |
|
West |
Commercial |
Bromley Park PUD Amendment 2 |
City |
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM / STAFF ANALYSIS
When considering this zone change, City Council should use the criteria outlined in the Land Use and Development Code, Section 17-8-80 (5). These criteria include, but are not limited to, whether the rezoning is consistent with the Comprehensive Plan and other master plans of the City; whether the rezoning complies with the requirements of the Land Use and Development Code and with the zone district; whether the rezoning provides consistency with the purpose and intent of the Land Use and Development Code; and whether the rezoning 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. As the rezoning is reviewed, it is important to refer back to the criteria in Section 17-8-80 (5) to ensure consistency in review.
Graphic 1: All three properties highlighted are zoned Business Park. A Kum & Go is nearing the end of construction and should be opening shortly on Lot 1. The Drainage Parcel has been built out with South Beebe Metro District drainage infrastructure. Lot 2 remains vacant and will be accessed through a private drive from the southern end of Lot 1.
Prior to moving to the criteria, it is necessary to provide further staff analysis. The applicant has stated that given the location, size, and limitations placed on land uses by this particular zone district, that Lot 2, approximately 2.8 acres, will have difficulties developing with a Business Park ‘primary user’. Staff generally agrees with this statement due to the fact that no ‘primary user’ has come forward since this property was annexed and zoned to Business Park in 2007. Given that the market has not provided a ‘primary user’ in over ten years, staff is comfortable opening this property up to more users as these can be thought of to be compatible with the Kum & Go, currently under development on Lot 1. Additionally, the development of the lower third of the entire zone district as a drainage facility has further reduced the available land that could have been developed with a ‘primary user’. This analysis is further supported by examining the below criteria.
Comprehensive Plan:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated this area as appropriate for Employment - Commercial use. The use of the Property for uses allowed as C-3 is generally consistent with the Comprehensive Plan as they will allow for job creating facilities in areas of high visibility with transportation access.
Land Use and Development Code:
Section 17-16-160 (a) states: The C-3 District is intended for general retail and services that provide the broadest scope of compatible services and products for both the general and traveling public. It further outlines that these areas should be along major arterials or at major intersections.
The City Council in making its decision shall use the following criteria (Section 17-8-80 (5)):
a.) Complies with the Comprehensive Plan and other master plans of the City;
As stated above, the property’s rezoning will comply with the Comprehensive Plan, which indicates the property is Employment-Commercial.
b.) Complies with the requirements of the Land Use and Development Code and with the zone district;
The subject property is in compliance with the Land Use and Development Code, and it meets the requirements for C-3.
c.) Provides consistency with the purpose and intent of the Land Use and Development Code;
The rezoning of this property will facilitate orderly growth and expansion of the City. It will allow for the property owner to market the property to a greater variety of users and eventually one will be able to develop Lot 2 under the Commercial Design Standards.
d.) 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;
The proposed zoning designation of C-3 allows for additional land uses, particularly those that are more auto-oriented, thus resulting in a wider variety of users that may develop the Property. The area already contains a mix of commercial and industrial users, and the nearby large lot residential areas are separated by a railroad track and easement that acts as a buffer.
Development Review Committee (DRC) Review:
The Development Review Committee (DRC) and referral agencies have reviewed the Conditional Use and all comments have been resolved. A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
As required by Section 17-8-30 of the Municipal Code, mailings were sent to all property owners within 300’ of this proposed zone change. These mailings were sent on January 17, 2018, and included a letter describing the proposed zoning as well as the time and place for the public hearing. Also included with the letter was a map of the subject area. Along with the public mailings, a public hearing sign was posted on January 17, 2018, along Bromley Lane adjacent to the proposed project. Finally, a notice was published in the Brighton Standard Blade on January 17, 2018, to give notice to those who are not affected property owners or those who do not drive near this Property on a consistent basis. As of the date of this staff report, no formal comments have been received by staff. Please see all public notice attachments for further detail.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on January 9, 2018 and recommended approval (see the attached Resolution #18-02).
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 17-8-80 of the Land Use and Development Code, and therefore recommends approval of this Zone Change for the Property to General Retail and Services (C-3).
A draft resolution has been provided to the Council should it decide to proceed with the application as presented.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zone Change application. City Council may:
1.) Approve the ordinance as drafted;
2.) Approve an ordinance with specific changes;
3.) Deny the ordinance with specific findings to justify the denial; or
4.) Continue the item to be hear at a later, specified date.
ATTACHMENTS
• DRAFT City Council Ordinance
• Copy of the Planning Commission Recommendation, Resolution #18-02
• Aerial Map
• Applicant’s Zone Change Map
• Neighboring Property Owner Notification
• Addresses of Property Owners Notified
• Buffer Map of Mailing Area
• Newspaper Notice
• Newspaper Publication Proof