Department of Community Development
Reference: Neff Remainder Property Zoning Map Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Sean Pesek, Assistant City Planner
Date Prepared: November 3, 2020
PURPOSE
The zoning map amendment application before City Council is for approximately 0.388 acres, located in the northwest quarter of Section 1, Township 1 South, Range 66 West of the 6th Principal Meridian (“Property”). Currently, the Property is not annexed into the City of Brighton and has no zoning designation. Travis Frazier, the representative on behalf of CW-Blue Sky c/o Coronado West (property owner), has submitted an annexation petition to the City that is being reviewed concurrently with the zoning map amendment application. If the annexation is approved by City Council, the Property will need to be officially zoned. As such, the Applicant is requesting to zone the Property to a zoning designation of Open Space (O).
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 staff collects and analyzes application materials, and after a thorough review, presents their findings to Planning Commission and City Council. Requests for a zoning map amendment are first brought before the Planning Commission for their recommendation and the final determination is made by the City Council. The Land Use and Development Code outlines review criteria upon which the decision should be made. An ordinance for a zoning map amendment must be approved by City Council via two readings to be considered approved.
STRATEGIC FOCUS AREA
• Recognizable and Well-Planned Community
BACKGROUND
The Property is unannexed, has no zoning designation, and is adjacent to Brighton City Limits on one side. The applicant seeks to zone the 0.388-acre Property as Open Space (O) to assist the development of Ridgeline Vista to the immediate west. The proposed uses for the Property include critical drainage infrastructure and trail. Of note, the approval of the Ridgeline Vista Major Subdivision Plan is contingent on the successful annexation and zoning of the subject Property, as well as the obtainment of off-site easements.
Surrounding Land Use(s):
|
Direction |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Residential |
Highplains Berkshire PUD (Town of Lochbuie) |
Town of Lochbuie |
|
South |
Residential |
Mixed-Use District (Town of Lochbuie) |
Town of Lochbuie |
|
East |
Residential |
Mixed-Use District (Town of Lochbuie) |
Town of Lochbuie |
|
West |
Residential |
Ridgeline Vista PUD |
City |
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM / STAFF ANALYSIS
When considering this zoning map amendment, City Council should use the review criteria outlined in the Land Use & Development Code, Section 2.03(B). The criteria includes: whether the zoning is in accordance with the goals and objectives of the Comprehensive Plan and other master plans of the City; whether the proposal will support development in character with the existing or anticipated development in the area, including the design of streets, civic spaces and other open space; whether the City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district; whether 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 and; the recommendations of any professional staff or advisory review bodies. As the zoning map amendment is reviewed, it is important to refer back to the criteria in Section 2.03(B) to ensure consistency in review.
Comprehensive Plan:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated this area as appropriate for High Density Residential uses. According to the Comprehensive Plan, secondary uses for the High Density Residential designation include trails and open space. The approved Major Subdivision Plan identifies the intended uses for the Property as critical drainage infrastructure and trails.
Land Use and Development Code:
Section 2.03(B) of the amended Land Use and Development Code states that recommendations and decisions for a proposed zoning map amendment shall be based on the following criteria:
a.) 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 zoning will comply with the Comprehensive Plan, which indicates the property is intended to be High Density Residential. The approved Major Subdivision Plan for Ridgeline Vista identifies the intended uses for the Property as critical drainage infrastructure (private) and trail, both of which support the proposed residential density to the immediate west.
b.) 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 successful zoning of the Property will support development in character with the anticipated residential development to the immediate west. As stated previously, the Property is intended for critical drainage infrastructure (private) and a segment of trail. Both of these uses support the approved Ridgeline Vista subdivision.
c.) The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district;
Considering the size of the Property and the intended uses for the site, it is not expected that the City or other agencies will need to provide services or facilities to support the anticipated uses in the proposed zone district. Nevertheless, if services or facilities were required to serve the subject property, the City (or other agency) would have the ability to do so.
d.) 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 initial zoning of the property; and
The intended zoning map amendment will serve a larger community development that is not possible under the current conditions as the site does not have a City of Brighton zoning designation.
e.) The recommendations of any professional staff or advisory review bodies.
The recommendations of professional staff or advisory review bodies have been accounted for.
Development Review Committee (DRC) Review:
The Development Review Committee (DRC) and referral agencies have reviewed the application and all comments have been resolved. A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
As required in Section 2.01(F), mailings were sent to all property owners within 300’ of the proposed zoning map amendment on November 5, 2020 that included a letter describing the proposed zoning and provided a time for the public hearing. A notice was also published on the City of Brighton Community Development website on November 6, 2020. Lastly, a public hearing sign was posted on November 16, 2020 adjacent to the Property. All notices were posted at least 15 days prior to the public hearing.
Additionally, the applicant team conducted a neighborhood meeting on June 17, 2020 and provided minutes of the meeting including evidence of notice, attendance, content and presentation, issues and discussion summary. These minutes were included as part of the formal application and comply with requirements set forth in Section 2.01(F).
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on November 12, 2020 and recommended approval unanimously (see the attached Resolution).
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 and Development Code, and therefore recommends approval of the Zoning Map Amendment to zone the Property Open Space (O).
A draft ordinance has been provided to the Council should it decide to proceed with the application as presented.
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 and 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
• Copy of the Planning Commission Recommendation (Resolution)
• Aerial Map by City Staff
• Zone Change Map by Applicant
• Neighboring Property Owner Notification
• Addresses of Property Owners Notified
• Buffer Map of Mailing Area
• Website Notification
• City Staff’s Draft Presentation