Department of Community Development
Reference: Bromley Park PUD 33rd Amendment - Major PUD 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: October 7, 2024
PURPOSE
The Major Planned Unit Development (PUD) Amendment application (the “Application”) before the City Council is for an approximately 20.719-acre property (the “Property”), generally located to the north of East Bridge Street, west of Mt. Bierstadt Street, east of Wooten Avenue and south of the intersection of Singletree Lane and Bowie Drive situated within the Brighton Crossings development. Currently, the Property is zoned ‘Multi-Family’, as set forth in the Bromley Park PUD 25th 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’ to ‘Single Family Detached’ as defined under the Bromley Park Land Use Regulations. As such, the Applicant is requesting a zoning map amendment, also commonly known as a rezoning.
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).
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 subdivision plan will need to be approved at a public hearing. A final plat will need to be administratively approved and permits issued. All applications will be reviewed using the City’s Land Use & Development Code (the “LUDC”) to ensure compliance with City codes and policies.
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 former Code’s 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 1986, the Property was annexed as part of the Bromley Park Annexation and was previously zoned for a High School and Single Family Attached housing. In 2020, the Property was rezoned to Multi-family under the Bromley Park PUD 25th Amendment. The Property is platted under the Brighton Crossing Filing No. 7 and Brighton Crossing Filing No. 7, 1st Amendment final plats.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
Under the Bromley Park PUD 25th Amendment, the current zoning allows for multi-family development up to 20 dwelling units per acre. The Applicant proposes a change in use and decrease in density. The proposed amendment would reduce the density to 6.3 dwelling units per acre in order to develop a maximum of 130 units.
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.
The proposed amendment aligns with the single family detached designation under the Bromley Park Land Use Regulations. The Property will develop in a manner that is consistent with the rest of the Brighton Crossing Filing No. 7 subdivision which is entirely zoned for single family detached.
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 the site is currently zoned for multi-family, the proposal would decrease the impact on adjacent infrastructure. A future subdivision plan will ensure that the developer is making the 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.
Any future development of the Property will need to meet the single family detached standards provided under the Bromley Park Land Use Regulations. The adjacent properties platted under Brighton Crossing Filing No. 7 and the Brighton Crossing Filing No. 7, 1st Amendment have all been approved under the same standards that would be applicable to this Property.
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 Low Density Residential. The Future Land Use designation of Low Density encourages single-family neighborhoods built around connected street networks and accessible amenities. As mentioned, the Applicant is requesting to rezone the Property to “Single Family Detached”. Based on the intended development of the Property, the application meets this portion of the Comprehensive Plan.
The proposed amendment meets The Opportunity Area Policies Section of Chapter Three, Number 13. Bridge Street Opportunities states that this corridor has the potential to become a main street with homes, farms, and commercial centers lining its edges, with building intensities increasing near Downtown. As all adjacent lots along Bridge Street have been developed, infill development should be encouraged to further improvements in the corridor’s appearance, value of investments, and pedestrian and bicycle systems.
Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map 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. As part of the larger Brighton Crossings neighborhood, any future development will build on the established road network and utility infrastructure of the area.
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 larger surrounding area remains balanced between residential and non-residential uses. The proposed amendment would integrate into the established residential character. Existing trail networks and nearby amenities promote the live, learn, work, shop, and play concept.
Policy 8.1- Encourage Redevelopment of Strategic Areas and Promote Infill Development
• As all adjacent lots in Brighton Crossing Filing No. 7 and adjacent subdivisions are developing or have been developed, the Property remains a vacant parcel within an established urban area. The rezoning would promote infill development and prioritize this highly visible site along Bridge Street.
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.
As the Property is the last parcel to be developed on the block, there is already an established street network and design pattern within neighborhood. The rezoning will align development standards with the adjacent single-family parcels and allow future development to seamlessly integrate into the existing character of the area.
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.
Low density development is appropriate in this area given the proximity to local roads and neighborhood connector streets. The adjacent multi-family and commercial development to the east is situated at the intersection of two arterial roadways which is more appropriate for high density.
5.) The recommendations of any professional staff or advisory review bodies.
City staff finds these sites are appropriate for single-family 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 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 October 10, 2024, and unanimously recommended approval. (See the attached Resolution #24-11.)
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed zone change, as required by the Land Use & Development Code. These mailings were sent on October 16, 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 October 15, 2024. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. On October 18, 2024, three signs were posted on the Property. As of the posting of this report, Planning staff has not received any formal inquiries regarding the project in anticipation of the public hearing.
On June 19, 2024, as required by Code prior to the submission of the Application to the City, the applicant held an in-person 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.
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 Land Use & Development Code and therefore recommends approval of the Bromley Park PUD 33rd 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 #24-11
● Aerial Map by City Staff
● PUD Amendment by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● Affidavit of Sign Posting
● Draft Staff Presentation