Department of Community Development
Reference: Peters Property Zoning Map Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: December 17, 2024
PURPOSE
The Zoning Map Amendment application before the City Council is for an approximately 3.0-acre (including right-of-way) property (the “Property”), generally located to the north of East Bromley Lane, south of Southern Street, east of Tower Road and west of the South 45th Avenue alignment. Currently, the Property has a zoning designation of Adams County A-3 (Agriculture-3). Kevin Lovelace with LJA Engineering is the project contact working on behalf of the Property owner and applicant, William E. Peters (the “Applicant”). The Owner desires to annex the Property into the City of Brighton. Land annexed to the City must have a City zoning designation, and as such, the Applicant is requesting a rezoning from Adams County A-3 (Agriculture-3) to City of Brighton C-3 (General Retail and Services).
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 development (PD).
The Land Use & Development Code (the “LUDC”) outlines review criteria upon which the decision should be made. An ordinance to rezone must be approved by City Council. 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.
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 any permits related to new development can be issued, a subdivision plan must be approved through a public process, a final plat must be approved administratively, and a site plan must be approved administratively. All will be reviewed using the City’s LUDC to ensure a proposal’s compliance with City codes and policies. An application and request for annexation is being reviewed concurrently with this application. The City Council held a hearing for substantial compliance of the annexation application on December 3, 2024. City Council determined the application complies with statutory requirements and scheduled a public hearing for January 21, 2025.
The zoning map amendment process provides review of changes to the boundary of zoning districts (rezoning) that may be necessary to implement the Comprehensive Plan, to account for changed conditions in the general area, or to reflect a change in policies with respect to future development.
As such, Staff, the Planning Commission, and the City Council should use the Review Criteria outlined in the LUDC Section 2.03 B. These criteria generally include but are not limited to upholding the goals and objectives of the Comprehensive Plan, supporting development in character with existing or anticipated development in the area, ensuring that the change will serve a community need, amenity or development that is not possible under the current zoning.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.03(B.) of the Land Use & Development Code (the “LUDC”) outlines the review criteria upon which the City Council must consider a zoning map amendment. Specifically, the City Council must consider the following:
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.
2. The proposal will support development in character with existing or anticipated development in the area, including the design of streets, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses.
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.
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.
5. The recommendations of any professional staff or advisory review bodies.
BACKGROUND
The Property is currently going through the Annexation process with the City. The Property is 100% contiguous with Brighton City Limits.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
Land Use & Development Code Review Criteria:
The City Council, in making its decision shall use the criteria outlined in 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.
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Mixed Use Residential. As mentioned, the Applicant is requesting to rezone the Property to C-3, General Retail and Services. While this proposed zoning does not align with the future land use designation on its own, it is consistent with the broader vision outlined in the Comprehensive Plan for the area. More specifically, the adjacent Swink Property is also designated for Mixed Use Residential and was granted rezoning approval in 2023 for a mix of residential and non-residential zone districts. Given that the Property is approximately 3 acres, it is not large enough to support a diverse mix of uses in a manner that would be practical or sustainable. However, when considered as an extension of the adjacent Swink Property, the proposed rezoning supports the intent of the Comprehensive Plan by contributing to the overall mix of uses. The proposed zoning also aligns with other policies and strategies of the Comprehensive Plan. In particular, the Opportunity Area Policies Section of Chapter Three, Number 10 - Throughout the City, Concentrate Commercial Development at Key Intersections to Serve Surrounding Areas. This objective emphasizes that large-scale retail development should be concentrated at major arterial nodes, such as Bromley Lane, Bridge Street, and 27th Avenue. Given the existing development to the south and the commercial zoning already in place on the north side of East Bromley Lane, the proposed rezoning would contribute to the creation of a cohesive commercial corridor. The concentration of commercial development expected in the area, will improve connectivity and benefit residents in the surrounding area. The proposal also aligns with Number 14 - Bromley Lane Opportunities which encourages development to occur in nodes along Bromley Lane with the spaces between the commercial nodes used for mixed density residential development and open space. The proposed rezoning would extend the existing commercial zoning from the adjacent eastern parcels. Commercial zoning is consistent with the vision for the area, which seeks to establish a viable commercial node along East Bromley Lane.
Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map Amendment advances a number of these goals as well. The proposal meets Policy 1.1, as the Property is within an area of existing infrastructure and is along a Major Arterial roadway. Any future site developer will coordinate with the adjacent Swink Property for the build out of South 45th Avenue and a future subdivision plan will detail all public improvements. The proposal also meets Policy 2.1, the rezoning will expand the existing commercial zoning on the north side of Bromley Lane, bringing the total to approximately 28 acres of C-3 zoning. As surrounding residentially zoned sites are developed, these commercial parcels will play a crucial role in creating a balanced environment that allow residents to live, learn, work, shop, and play in the same area. Lastly, the zoning will support Policy 5.2, the Property is located along a major corridor where significant growth and investment are expected. At full build out, this intersection will ensure high visibility and convenient access, both of which are key elements for sustainable commercial development. The development of the Property will help establish a vibrant commercial hub, benefiting both the local economy and surrounding residential communities.
2. The proposal will support development in character with existing or anticipated development in the area, including the design of streets, 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 Property as commercial aligns with the character of the area and the desire for more commercial uses along Major Arterials (East Bromley Lane). The proposed rezoning will support the mixed-use vision of the Swink Property by adding to the overall balance between residential and commercial zoning in the area. In terms of design, the proposal will ensure that new development is consistent with the architectural style, scale, and intensity of adjacent sites.
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.
Currently, the property is zoned for agricultural uses, which does not align with the City’s long-term vision for the area as outlined in the Comprehensive Plan. The site’s location near I-76, combined with the future development of adjacent infrastructure, positions the Property as a prime site for commercial development. Additionally, as residential growth is expected to the northeast, this property will meet the growing need for walkable and accessible retail and service options.
5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for commercial uses given its specific location and based on the surrounding development and being on a major arterial. Site development, including buffering and building design, will occur in accordance with the applicable zone district standards as outlined in the LUDC. Any site 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:
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 July 27, 2023, and unanimously recommended approval. (See the attached Resolution #23-6.)
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 300 feet of the proposed zone change, as required by the Land Use & Development Code. These mailings were sent on December 30, 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 January 3, 2025, a sign was posted on the north side of East Bromley Lane for the City Council Public Hearing. As of the posting of this packet, Planning staff has not received any formal inquiries regarding the project in anticipation of the public hearing.
On January 18, 2023, 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 subject Property, included information on the meeting. The Applicant had a member of their team available to present their proposal, field any questions, and take feedback from meeting participants.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zoning Map Amendment is in general compliance with the requirements as outlined as approval criteria in Section 2.03 B. Review Criteria, of the Land Use & Development Code and therefore recommends approval of the Peters Property Zoning Map 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 Zoning Map Amendment via Ordinance as drafted;
2.) Approve a modified Zoning Map Amendment via 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 City 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 23-6
● Aerial Map by City Staff
● Zoning Map Amendment by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● Affidavit of Sign Posting
● Draft Staff Presentation