Department of Community Development
Reference: Kestrel Planned Development
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 10, 2024
PURPOSE
The Planned Development application (“PD” or the “Application”) before the City Council is for an approximately 26.21-acre property (the “Property”), generally located to the north of East 120th Avenue, south of East 124th Avenue, east of Peoria Street and west of Prairie View High School. Currently, the Property is zoned C-2 (Restricted Retail and Services) and R-2 (Mixed Density Residential). Mike Cooper is the project contact working on behalf of the Property owner and applicant, The Orchard Church (the “Applicant”). The Applicant is requesting a rezoning to Planned Development (PD).
PROCESSES
A PD is a type of zoning map amendment that establishes a detailed plan for development within a defined area. The PD process is intended for development concepts that require a higher degree of specific planning based on the scale and complexity of the project.
A PD is processed according to the PD and Zoning Map Amendment review criteria of the Land Use & Development Code (LUDC). Rezoning is the second step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). Before any permits related to new development can be issued, a major 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 LUDC and the applicable standards in the PD to ensure 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 via planned development are brought before the Planning Commission for a recommendation prior to review and final determination by the City Council. A planned development must be approved by ordinance, which requires two readings before the City Council.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
The LUDC states that the planned development process is intended for projects that require a higher degree of specific planning due to their scale, complexity, and relationship to the surrounding context, allowing for a more flexible application of standards to meet the code's purpose and objectives. The LUDC further clarifies that a development plan must include sufficient area to implement planning concepts that deliver broader public benefits that can only be realized through the flexible application of the standards.
Section 2.04 (C) (1) “New Planned Developments” 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 better implements the Comprehensive Plan, beyond what could be accomplished under application of general zoning districts and development standards.
b. The benefits from any flexibility in the proposed plan promote the general public health, safety and welfare of the community, and in particular, that of the areas immediately near or within the proposed project, and the proposed flexibility is not strictly to benefit the applicant or a single project.
c. The flexibility in the proposed plan allows the project to better meet or exceed the intent statements of the base zoning district(s).
d. The proposed adjustments to the standards do not undermine the intent or design objectives of those standards when applied to the specific project or site.
e. The plan reflects generally accepted and sound planning and urban design principles with respect to applying the goals and objectives of the Comprehensive Plan to the area.
f. The plan meets all of the review criteria for a zoning map amendment.
BACKGROUND
The Property was annexed in 2016 under the Orchard Church Annexation, Ordinance No. 2230. The Property is currently zoned R-2 (Mixed Density Residential) and C-2 (Restricted Retail and Services). A portion of the Property was platted under the Orchard Subdivision Filing No. 1 Final Plat.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
The purpose of the PD is to establish development standards tailored specifically to the Property, allowing for greater flexibility than what is required by the LUDC. Specifically, the PD proposes alternatives to standards set forth in Article 5, Neighborhood Design Standards. These deviations are essential for enabling a unique development pattern that moves away from traditional layouts. The summary below highlights, at a high level, the key deviations from the LUDC.
Lot and Building Setbacks
The PD proposes smaller lots than those allowed under the single-family detached and duplex standards of the LUDC. While the LUDC requires a minimum of 3,000 square feet for single-family homes and 5,000 square feet for duplexes, the PD includes a minimum lot size of 1,900 square feet for all housing types. This will facilitate a unique housing format that can support more attainable housing options by lowering land costs.
Building Design
• Front Entry Features
Front entry features are typically porches or covered entryways that create a connection between buildings and the streetscape. The LUDC includes a variety of front entry feature types and generally includes more variation than what is proposed in the PD. Under the current proposal, all homes will feature front porches, which will meet the intent of the LUDC in providing a pedestrian connection to the streetscape. Each home will include one of the options listed below:
o 2-story Cottage: Front porches spanning the width of the house, with a minimum depth of 8'.
o 2-story Cottage: Smaller covered front porches, with a minimum size of 6' x 6'.
o 3-story Cottage: Front porches spanning the width of the house, with a minimum depth of 6'.
• Massing & Modulation
Massing and Modulation refers to the use of shapes and materials to break up building facades into smaller, more visually appealing sections. The PD proposes a modified application of this standard, which will apply to the sides of end units that are visible from the street. These sides are labeled as "enhanced side elevations" on the Conceptual Development Plan. In contrast to the LUDC, the PD will use facade materials and smaller offsets to create visual interest. This requirement can be met through one of the following options:
o 2' offset in the foundation for a minimum distance of 1/3 the length of the building.
o Minimum of two (2) different materials.
• Roof Plane
The LUDC sets limitations on the use of flat roof planes and encourages articulation to add visual interest and reduce the building's scale. While the LUDC standards apply to all roof planes, the PD will include roof plane breaks only on the enhanced side elevations. Given the smaller lot sizes, the buildings will be positioned closer together compared to a typical neighborhood, and the side elevations between homes will be less visible. Therefore, the applicant has focused on adding roof plane breaks to the end units, which are more visible and will have a greater impact on the overall aesthetic.
• Building Variation
The LUDC requires differentiation between buildings located in close proximity to one another. The LUDC specifies criteria for building variation, including front entry features, façade details (such as window placement, materials, and garage location), and roof forms. While the PD incorporates the language from the LUDC, it breaks façade details into multiple categories, with each category contributing to the overall variation. This approach allows for greater flexibility in achieving the required differentiation between buildings.
Site Design
• Buffer Alterative
An alternative buffer is proposed for the adjacent northern parcel. The LUDC would typically require a Type III (30 foot) buffer based on the current zoning. However, due to existing easements and site constraints that prevent vegetation, the PD proposes a 6-foot privacy fence along the entire northern property line. While the LUDC does allow for buffer alternatives in cases of site constraints, the PD specifically memorializes this deviation.
• Common Area Fencing
Under the LUDC, fencing standards are categorized by residential, commercial, or industrial zoning. Since the PD proposes residential zoning, the fencing standards are limited to a maximum height of 6 feet. There is a City-owned lift station located at the southwest corner of the site. For safety purposes, staff requested that the PD include standards to allow a fence up to 10 feet heigh. All other lot fencing will be reviewed in accordance with the standards of the LUDC.
Land Use & Development Code:
Below, Staff analyzes how the Application meets and/or exceeds the criteria set forth in Section 2.04(C)(1).
a. The plan better implements the Comprehensive Plan, beyond what could be accomplished under application of general zoning districts and development standards.
The future land use section of Be Brighton, the Comprehensive Plan, designates the Property as Mixed Use Residential. This designation is intended to provide a variety of housing options while integrating residential living with nearby commercial and civic uses. The Property is located next to key community anchors, such as a church and a high school, making it compatible with the Mixed Use Residential designation. Typically, this designation supports higher-density, urban-style developments. However, the proposed PD introduces a unique residential product that effectively balances increased density with a community-oriented design. This approach ensures the development aligns with the goals of the Comprehensive Plan while fostering a traditional neighborhood feel. The Application also aligns with other policies and strategies of the Comprehensive Plan. In particular, the Opportunity Area Policies Section of Chapter Three, Number 15. 120th Avenue Opportunities, emphasizes the need to foster long-term economic growth and encourage high-quality development along the 120th Avenue corridor. The PD directly aligns with these objectives by implementing strict design standards that prioritize high-quality architectural and aesthetic design. Special attention is given to the facades of buildings visible from public streets, ensuring that these areas meet elevated design criteria. These standards and site layout will guide the development to not only blend seamlessly into the surrounding environment but also enhance the visual appeal of the corridor.
Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the PD advances a number of these goals:
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
(1.) Diverse housing for the full spectrum of incomes and needs will be encouraged to meet the needs of all ages and walks of life allowing residents to remain in Brighton along the continuum of housing needs. This will include senior housing, medium-high density, attainable and accessible housing, as well as higher-income-supported housing.
● The PD includes a unique housing product with minimum lot sizes of 1,900 square feet, featuring homes ranging from 1,000 to 2,200 square feet. The proposal specifically targets diverse housing needs, appealing to people of varying ages, income levels, and backgrounds. This type of development represents a departure from the typical housing options currently available in the City but offers a format that can better address the need for missing middle housing.
Policy 6.2: Ensure Residential Lots and Architecture Enhance the Street
● The PD proposes alley-loaded homes that are designed to face public roads or open space. This design minimizes the visual impact of driveways and garages on the street, creating a more pedestrian-oriented design. A key feature of the PD is the inclusion of front porches for all homes. These porches not only improve the architectural design of individual homes but also promote community interaction. Along major roadways, such as Peoria Street and 120th Avenue, the PD ensures that homes are positioned to side or face these streets. This will create a strong visual presence along this key corridor.
Policy 6.5: Encourage Projects that Enhance the Diversity of Housing Types and Costs, and Manage Affordability through Supply and Subsidy
● The PD introduces a unique small-format design that provides a new type of housing option not currently available in Brighton. This approach adds diversity to the City’s housing stock, helping to meet the needs of both new and existing residents. As Brighton continues to grow and develop, it becomes increasingly important to ensure that the City’s housing options can accommodate a broad range of demographics.
b. The benefits from any flexibility in the proposed plan promote the general public health, safety and welfare of the community, and in particular, that of the areas immediately near or within the proposed project, and the proposed flexibility is not strictly to benefit the applicant or a single project.
The southern part of the City, especially along 120th Avenue, has seen increasing development interest, and further growth is anticipated in the coming years. With Brighton Ridge and Adams Crossing expected to bring both residential and non-residential development to the area, the Property is ideally situated to capture new growth. This development introduces a housing option for individuals or families who may not be able to afford or prefer a larger single-family home, offering a viable alternative to townhomes and apartment living. By diversifying the types of housing available, the PD helps address the City's ongoing demand for more housing options.
c. The flexibility in the proposed plan allows the project to better meet or exceed the intent statements of the base zoning district(s).
While the PD includes departures from traditional lot sizes and design standards, these deviations are essential to accommodate the unique style and vision for the development. Without this flexibility, the proposed design would not be possible under the LUDC. Throughout the planning process, City staff worked with the Applicant to ensure that the PD addressed all elements of traditional building design, such as transparency, modulation, and building variation. At the same time, modifications were made to allow for the development's distinctive style, which combines modern housing options with the community-oriented feel.
d. The proposed adjustments to the standards do not undermine the intent or design objectives of those standards when applied to the specific project or site.
The proposed adjustments to the standards within the PD have been carefully considered and do not undermine the intent or design objectives of the LUDC. While the PD incorporates some deviations from the traditional standards, these modifications are made to allow the smaller scale of the proposed development. The intent behind these adjustments is to achieve a design that aligns with the overarching principles of the LUDC but with greater flexibility to support the creation of a housing type that is more attainable.
e. The plan reflects generally accepted and sound planning and urban design principles with respect to applying the goals and objectives of the Compressive Plan to the area.
The proposed PD will allow the Property to develop in a manner that will support and advance a number of policies of the Comprehensive Plan. While the PD proposes alternatives to typical lot and home sizes, the overall design adheres to sound planning and urban design principles. Key elements, such as the inclusion of front yards and the integration of front porches, are prioritized to foster a sense of community and enhance connectivity. These elements are commonly found in neighborhoods throughout Brighton and will help integrate the development into the surrounding area.
f. The plan meets all of the review criteria for a zoning map amendment.
The review criteria for a zoning map amendment are set forth in Section 2.03(B) and outlined below:
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.
While the surrounding residential developments are primarily low-density, the Property is situated at the intersection of a Major Arterial and Collector Roadway, which positions it as an ideal location for medium density. The site is currently zoned R-2 and C-2 which allow for medium intensity commercial uses and a variety of residential housing options, including duplexes and row homes. The PD will limit the building types to single-family detached and duplexes which is consistent with the scale of development originally intended for 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.
Under the LUDC, the smallest detached housing type allowed is a "Detached House - Compact", which requires a minimum lot size of 3,000 square feet. The PD seeks to reduce this lot size to 1,900 square feet, a modification that is not permitted by the existing zoning regulations. The PD will help to address the gap between traditional single-family homes and larger multi-family buildings, effectively introducing missing middle housing. The need for this type of housing has been identified in the City's Housing Needs Assessment, which highlighted the shortage of affordable and diverse housing options.
5.) The recommendations of any professional staff or advisory review bodies.
City staff finds this site is appropriate for 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 the Application 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 December 12, 2024, and unanimously recommended approval. (See the attached Resolution #24-14.)
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed zone change, as required by the LUDC. These mailings were sent on December 20, 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 December 18, 2024. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. Four signs were posted on site on December 20, 2024, for the City Council Public Hearing. As of the posting of this report, Planning staff has not received any formal comment regarding the project in anticipation of the public hearing.
On February 12th, 2024, as required by Code 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. The Applicant had multiple members of their team available to present their proposal, field any questions, and take feedback from meeting participants. A copy of the neighborhood meeting minutes is attached to this report.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Planned Development is in general compliance with the requirements as outlined in Section 2.04 (C)(1) of the LUDC and, therefore, recommends approval of the Application. 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 the Application. The 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 LUDC.
ATTACHMENTS
• Draft City Council Ordinance
• Planning Commission Resolution #24-14
• Aerial Map by City Staff
• Proposed Planned Development
• Neighboring Property Owner Notification
• Buffer Map of Mailing Area
• Website Notice
• Website Publication Proof
• Affidavit of Sign Posting
• Draft Staff Presentation