PURPOSE
The Zoning Map Amendment application before the City Council is for an approximately 5.535 acre property, comprised of four (4) platted lots, generally located to the southwest of the intersection of Bromley Lane and Judicial Center Drive, directly east of the City’s existing water treatment facility, and directly north of the City’s Bike and Skate Parks (the “Property”). The process is commonly known as rezoning or as a zone change. Currently, the Property has a zoning designation of Town Center (Commercial) of the Bromley Park Planned Unit Development (PUD) 2nd Amendment. The City of Brighton Utilities Department is the applicant working on behalf of the Property owner, the City of Brighton. The Property owner desires to expand the City’s water treatment facility onto the Property, and as such, the Applicant is requesting a zone change to the Public Lands (PL) zone district in order to ensure that the entire site will fall under one zoning designation and not have split zoning.
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.
When considering this zone change, the City Council should use the Review Criteria outlined in the Land Use & Development Code’s Section 2.03 B. In summary these include, but are not limited to, alignment with the Comprehensive Plan and other plans and policies of the City, compatibility with the uses and character of the nearby area, ability to be served by the appropriate City and external agencies facilities, will serve a community need that warrants a zone change, and any other recommendations by appropriate reviewing entities. As the rezoning is reviewed, it is important to refer back to the criteria in Section 2.03 B to ensure consistency in review.
STRATEGIC FOCUS AREA
● Recognizable and Well-Planned Community
BACKGROUND
The subject Property was annexed in 1985 as part of the Bromley Park Annexation. It is currently platted as Lots 1, 2, 3, and 4 of the Bromley Park No. 204 Subdivision. In 2008 as part of the Bromley Park PUD 2nd Amendment rezoning, it was zoned Town Center (Commercial). The Property was planned to be developed as four commercial pad sites. The Applicant seeks to rezone to allow for the expansion of the City’s existing water treatment plant currently to the immediate west, but it is important for the City Council to consider the rezoning under the entire scope of uses that could be allowed within the desired zone district.
Rezoning is the second step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). A replat will be required before site development can occur as the Applicant desires to combine the existing four (4) lots into one (1). The replat will be administratively reviewed and approved per the City’s Land Use & Development Code, and a Site Plan, also administratively reviewed and approved, will be required to ensure the proposed development’s compliance with City codes and policies.
A zone change is necessary as the Applicant desires to use the Property for a land use that is not allowed under the existing zoning district.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM / STAFF ANALYSIS
Comprehensive Plan:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated this area as appropriate for Mixed-Use Commercial. While the rezoning of the Property to Public Lands is generally not compatible with this use designation, the Property is surrounded by Public Lands zoning to the west and south. The Property is not adjacent to any other future commercial development. Additionally, to the immediate east there is a permanent drainage pond and open space that supports nearby existing development and roadways. To the north, the former Kmart Distribution Center has new tenants and is likely to continue with its current operations for some time. Given these factors, it is unlikely that this 5.535 acres would be deemed prime commercial land anymore. The Comprehensive Plan seeks to expand retail, housing, and employment opportunities throughout the City. The use of this Property for a public utilities facility, that will directly support and allow such future development, can be thought of as a way that this rezoning supports the Comprehensive Plan even if it is not in direct alignment with the Future Land Use Map.
Land Use & Development Code:
Section 4.05 E. states, “the Public Lands district is specifically intended to promote necessary public services in close proximity to the lands, uses and buildings they support” and that it “is intended to provide public and semi-public facilities and uses in convenient locations, efficient formats, and in a manner that protects the character and context of the surrounding area that the uses serve”. The Code will ensure that that use on the site is permitted only with a design that ensures it fits in with the context and development patterns of the area.
The City Council in making its decision shall use the following criteria (Section 2.03 B.):
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 an allowed use under the Public Lands zone district, along with the City’s site specific development codes, will ensure that the site develops with the context of the area in mind. As mentioned earlier, the surrounding existing uses are compatible with the use of the Property as a City utilities facility and others as allowed in the zoning district.
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 rezoning will allow for the City to serve new growth if it is developed as an expansion to the existing water treatment facility and other uses on the site could be served.
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 use as a public utilities facility for water treatment would serve a community need and it is not possible to develop the Property as such under the existing zoning.
5.) The recommendations of any professional staff or advisory review bodies.
⮚ City Utilities staff finds this site as appropriate for a water treatment facility within their system. Site development, including buffering and building design, will occur in accordance with the provisions of the Land Use & Development Code.
Development Review Committee:
The Development Review Committee (DRC) reviewed this rezoning and recommends approval.
PUBLIC NOTICE AND INQUIRY
As required by Section 2.01 F. of the Land Use & Development Code, mailings were sent to all property owners within 300’ of this proposed zoning map amendment. These mailings were sent on December 11, 2020 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 December 11, 2020 on the subject property. Additionally, a notice was published on the City’s website on December 11, 2020, to give notice to those who are not affected property owners or those who do not drive near the 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.
Additionally, the applicant team conducted a neighborhood meeting on October 12, 2020 according to Section 2.01 D. of the Land Use & Development Code and provided minutes of the meeting including evidence of notice, attendance, content and presentation, and an issues and discussion summary. These minutes were included as part of the formal application.
Various social media postings advertising the January 5, 2021 public hearing before City Council have been conducted starting on December 11, 2020 and continuing thereafter.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on December 10, 2020 and recommended approval unanimously (see the attached Resolution #20-11). All required forms of notification and additional ones on social media took place before the December 10th Planning Commission meeting.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in Section 2.03 B. of the Land Use & Development Code, and therefore recommends approval of this Zoning Map Amendment for the Property to Public Lands (PL). Staff has drafted an ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zoning Map Amendment application. City Council may:
1.) Approve the Zoning Map Amendment via ordinance as drafted;
2.) Approve the Zoning Map Amendment via an amended ordinance;
3.) Deny the Zoning Map 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 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 #20-11
● Aerial Map by City Staff
● Zoning Map 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