Body
Department of
Reference:
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aaron Clark, Assistant City Planner
Date Prepared: January 30, 2015
PURPOSE
As outlined in Article 17-8 of the City of Brighton Municipal Code, a request to change the zoning designation of a property must be reviewed by the City Council at a public hearing and approved by Ordinance.
BACKGROUND
Kum & Go, L.C., which operates a gas station and convenience store at 70 West Bridge Street, has purchased the 1.27 acre property immediately to the west of their current operation, currently known as Lot 2 of the Platte View Farm subdivision. The company plans to utilize part of this additional land to expand the available parking for their operation. To this end, Kum & Go is currently in the process of replatting in order to add a portion of Lot 2 to the Kum & Go property, which will expand their current lot to approximately 1.36 acres. The remainder of Platte View Farm Lot 2, approximately 0.7 acres, will be made available for other uses. The new lots will be known as Kum & Go Store #940, 1st Amendment, Lots 1 and 2.
Kum & Go's current location at the southwest corner of Bridge Street and Kuner Road is zoned C-3, General Retail and Services. Their new property to the west is zoned DT, Downtown. A "Gas Station with Convenience Store" is a use-by-right in the C-3 zone, but a conditional use in the DT zone. In order to comply with zoning as they expand their business, Kum & Go has applied to re-zone that portion of Lot 2 that will be added to the Kum & Go property (Lot 1) from DT to C-3. The remainder of Lot 2 will remain zoned DT.
STAFF ANALYSIS
The lots (shown on the attached map) are being re-platted to enlarge Kum & Go's existing property, which is zoned C-3, while the area to be added is zoned DT. It would be very difficult to maintain and enforce two different zoning designations on one lot; best practices dictate that the entire property be rezoned to C-3 to avoid future issues on this site. The proposed C-3 (General Retail and Services) zoning designation for the expanded Kum & Go property will allow for the commercial land uses contemplated as a major part of the "Town Center" designation in the Comprehensive Plan. In particular the area will benefit from expansion of the available parking on the Kum & Go site, which can occasionally be a challenge. Although the designation of "Town Center" places an emphasis on pedestrian accessibility, the Kum & Go property is located in an intensive commercial area at the intersection of two major highways, and much of the surrounding property, particularly to the north, is already zoned C-3. The remaining parcel, which will be known as Lot 2, Kum & Go Store #940, 1st Amendment, will retain a DT zoning designation. The flexibility provided by a DT zoning will be more appropriate for this smaller remaining parcel.
COMPREHENSIVE LAND USE PLAN:
In the Comprehensive Plan, the area surrounding the intersection of Bridge Street and Kuner Road, which includes the property in question, is designated as being appropriate for "Town Center" land uses. This designation includes a range of retail, service, and office uses and "should be located adjacent to arterial roads and/or major intersections." The rezoning of the Kum & Go property will further the purposes of the following policies found in the Comprehensive Plan:
Policy 5.2: Protect and Enhance Edges and Gateways Around the Downtown.
1. Create detailed gateway plans for all entrances to the Downtown core and
improve the entranceways to Brighton.
Policy 5.3: Improve Traffic and Transportation in the City Core
4. Maintain and, where needed, improve pedestrian circulation among neighborhoods and throughout the core.
Policy 5.4: Improve the Appearance and Health of Commercial Corridors in the City Core.
2. Adopt a Bridge Street improvement program that creates consistency of sidewalks, shoulders and landscaping along the road edge.
Policy 7.3: Carefully Manage Community Wide Impacts and Opportunities in Commercial and Transportation Corridors.
1. Bridge Street: Assist the commercial corridor to improve its appearance, value of investment, pedestrian systems, and traffic management systems.
2. US 85 Corridor: Work to improve the appearance of businesses along the US 85 corridor.
MUNICIPAL CODE:
This request is in conformance with the provisions outlined in Article 17-8, Zone Changes, of the Brighton Municipal Code, as amended.
DRC REVIEW
The Development Review Committee (DRC) and referral agencies have reviewed the proposed zone change. One item that will need to be addressed before moving forward with development of the site is an amendment to the development agreement for this property, which currently limits the site to C-2 uses. This amendment will be coming before Council in the near future.
PLANNING COMMISSION
The Planning Commission reviewed the request and unanimously recommended approval to the City Council to alter the zoning designation from DT to C-3 at a regular meeting held on January 27, 2015.
PUBLIC INQUIRY
Staff has received no formal comments as of the date of this memorandum.
STAFF RECOMMENDATION
Staff finds that the application to rezone the property from DT to C-3 is in conformance with the Comprehensive Plan and Article 17-8-80, Zone Changes, of the Land Use and Development Code. Based upon the staff findings as herein noted, staff recommends approval of the application, and has therefore included a draft Ordinance for your review and consideration.
OPTIONS FOR COUNCIL'S CONSIDERATION
1. Approve the zone change request for the property.
2. Not approve the zone change request for the property with specific findings to justify the denial.
ATTACHMENTS
· Application Questionnaire
· Planning Commission Resolution 15-01
· City Council Ordinance (draft with exhibits)
· Map of Rezone Area