Department of Community Development
Reference: Watertower Place 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: February 13, 2025
PURPOSE
The Zoning Map Amendment application (the "Application”) before the City Council is for an approximately 14.727-acre property (the “Property”), generally located to the northeast of the Brighton Fire Rescue District Station 52, south of East Bridge Street, west of South 42nd Avenue, and east of South 40th Avenue. Currently, the Property is zoned Bromley Park PUD (Planned Unit Development) 13th Amendment, which has an underlying zoning of C-3 (General Retail and Services). Andy Nordhus is the project contact working on behalf of the Property owner and applicant, Columbo II LLC (the “Applicant”). The Applicant is requesting a rezoning to C-2 (Restricted Retail and Services) and R-2 (Mixed Density Residential).
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 development (PD).
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 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 applications will be reviewed using the Land Use & Development Code (the “LUDC”) to ensure a proposal’s compliance with City codes and policies.
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 recommendation prior to review and final determination by the City Council. A zoning map amendment must be approved by ordinance, which requires two readings before the City Council.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.03(B) of 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 or any professional staff or advisory review bodies.
BACKGROUND
The Property was annexed in 1986 as part of the Bromley Park Annexation and was previously zoned for single-family attached, commercial, and multifamily uses. In 2009, the Property was rezoned to Bromley Park PUD 13th Amendment with an underlying zoning of C-3 (General Retail and Services). In 2021, a rezoning request to "Commercial" under the Bromley Park Land Use Regulations was denied by the City Council. Under the previous proposal, multifamily development would have been permitted as a use by right. Additionally, a portion of the Property was platted as a tract under the Brighton Crossing Filing No. 5, Lot 1 Plat.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
The Applicant proposes C-2, which would allow for uses such as retail and services including small businesses and commercial centers. The applicant also proposes R-2, which would allow various residential uses including single family, duplexes and row homes. All uses associated with these zone districts can be found in Article 4 of the LUDC.
Land Use & Development Code:
The City Council in making its decision shall use the criteria outlined in Section 2.03(B). Below, staff analyzes how the Application meets and/or exceeds the criteria.
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 Commercial. As mentioned, the Applicant is requesting to rezone the Property to C-2 and R-2. While the proposed zoning includes a portion of the site that aligns with the commercial designation, it also introduces residential zoning. This mixed-use approach will help to facilitate growth and development that is compatible with surrounding areas.
Since the Property was last zoned in 2009, development in the area has primarily been low density. The site to the east, which was previously planned for higher density, has since been rezoned to single-family detached. With no immediate sites zoned for additional density and a decrease in commercial intensity, this rezoning will not disrupt the framework of the neighborhood or overburden local roadways. Instead, it will serve as an appropriate pocket of medium-density housing that helps fill the missing middle housing gap.
In contrast to the existing C-3 zoning, which permits a wide range of high-intensity uses, the proposed C-2 zoning accommodates less intense commercial uses that better align with the surrounding context. In addition to the commercial zoning, the proposed R-2 district allows for a variety of residential building types, including detached homes, duplexes, and row homes. This zoning is intended to create a medium-density residential environment that seamlessly integrates with lower-density development. The Application also aligns with other policies and strategies of the Comprehensive Plan. In particular, the Opportunity Area Policies Section of Chapter Three, Number 13. Bridge Street Opportunities recognizes Bridge Street as a primary east-west corridor within the City and a gateway to Downtown. Although primarily auto-oriented, the Comprehensive Plan outlines that the corridor has the potential to become a main street with homes, farms, and commercial centers lining its edges. The proposed rezoning directly aligns with this vision by integrating medium-density residential development alongside commercial zoning. This approach mirrors the development patterns typically seen along main streets, where residential and commercial uses coexist to create a more connected environment.
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 located within an area that already benefits from existing infrastructure and is situated along a Minor Arterial roadway. As development progresses to the south, this Property will be the final parcel to be developed in the area south of East Bridge Street, north of Southern Street and in between South 40th Avenue and South 45th Avenue. Future development will play a key role in completing the adjacent public infrastructure.
Policy 5.2 - Support Brighton’s Non-Downtown Commercial Centers, Focusing Growth within Existing Investment Areas Where Possible
• The Application will maintain commercial zoning that creates a viable commercial intersection at E Bridge Street and S 40th Avenue. While the surrounding area already offers accessible commercial amenities, the ongoing residential growth will increase demand for additional retail and service options. This rezoning will help to meet that demand and support Brighton’s non-downtown commercial corridors.
Policy 6.5 - Encourage Projects that Enhance the Diversity of Housing Types and Costs, and Manage Affordability through Supply and Subsidy
• Although the surrounding area is primarily low-density, staff believes that offering additional housing options throughout the City is crucial to meeting our long-term housing needs. To the east along Bridge Street, there are alley loaded small format homes that have successfully integrated with the nearby single-family development. The proposed rezoning could introduce new housing options to the area, further promoting the City’s housing diversity. As Brighton continues to grow, it becomes increasingly important to ensure that the City’s housing stock can accommodate a broad range of demographics.
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 rezoning from Bromley Park to straight zone will ensure that development meets all the current standards for design, buffers and parking requirements. While surrounding land uses are primarily memorialized under PUDs, future site plan and design review processes will ensure that the site develops in a manner that is compatible with the surrounding area. Future development will also drive improvements to the public infrastructure that will enhance overall connectivity.
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.
The current C-3 zoning allows for some uses that are not entirely compatible with the character of the neighborhood. In contrast, the proposed C-2 zoning would limit more uses, offering a better transition between commercial and residential districts. Additionally, the R-2 zoning provides the opportunity for more housing diversity, addressing a shortage identified in the City’s Housing Needs Assessment. Together, the C-2 and R-2 zoning districts will create a medium intensity, mixed-use environment that is well suited along a major roadway.
5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for commercial and 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. Any site 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 February 13, 2025, and unanimously recommended approval.
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 February 13, 2025, 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 February 18, 2025. City staff also posted public hearing information on Facebook and NextDoor on the same day. Three signs were posted on the Property on March 3, 2025 for the City Council Public Hearing. As of the date of this report, staff has not received any formal comment from the public regarding this project.
On February 7, 2024, as required by the LUDC, prior to the submission of the Application to the City, the Applicant held a 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.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Application is in general compliance with the requirements as outlined in Section 2.03 B. of the Land Use & Development Code and, therefore, recommends approval of the Watertower Place Zoning Map Amendment. Staff has prepared a draft 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 Application;
2.) Deny the Application;
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 additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 25-02
● Aerial Map by City Staff
● Proposed Zoning Map Amendment
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● Affidavit of Sign Posting
● Draft Staff Presentation