Body
Department of Community Development
Reference: Riverfront PUD
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: August 7, 2015
PURPOSE
The Applicant is requesting approval for the approximate 53.1152 acre property known as the Riverfront Subdivision (the “Property”) for rezoning to PUD (Planned Unit Development). The Property is currently going through the annexation process.
APPLICATION SUMMARY
Applicant: Steve Walters, Real Estate Project Manager, Love's Travel Stops & Country Stores
Owner: Mark Campbell & Lloyd Land, Brighton Investment Properties, LLC
Location: Generally, located south of Baseline Road, west of US-85, and east of the South Platte River.
Site Size: Approximately 53.1152 acres
Comprehensive Plan: Employment, Mixed Use
Existing Zone Districts: I-3 (Industrial) through Adams County
Surrounding Zones: North: Northern Wastewater Treatment Plant, zoned Public Land (PL)
South: Commercial uses zoned I-3 (Industrial) through Adams County and Commercial uses zoned
East: Various commercial uses zoned I-3 (Industrial) through Adams County, and PUD/C (Commercial) through Brighton, including Southwestern Development Park PUD
West: Land zoned A-1 through Adams County, owned by the City of Thornton and by the City of Aurora.
Existing Land Uses: Undeveloped land
Proposed Land Uses: Commercial, Multi-Family & Industrial
COMPREHENSIVE PLAN
The Comprehensive Plan, Figure 4: Future Land Use Plan designates the Property as being appropriate for “Employment” and “Mixed Use” land uses. The Employment designation is intended to provide primarily light industrial and office uses, with some commercial uses. The Mixed Use land uses intend to provide residential, commercial and office. Figure 5: Planning Areas shows the Property as being located within the “City Core Area.” The Core City Area is intended to maintain its basic character with an emphasis on improving the appearance, vitality, and functioning of the area and improving pedestrian systems and lessening traffic congestion.
LAND USE AND DEVELOPMENT CODE
PUD: The PUD should be reviewed for conformance with the nine (9) approval criteria, as set forth in Section 17-16-110 of the Land Use and Development Code (summarized below):
a. The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design.
b. The PUD complies with the Comprehensive Plan and all applicable use, development, and design standards set forth in Section 17-16-110, including applicable zoning district standards, the Subdivision Regulations, and the Residential Design Standards that are not otherwise modified or waived according to the approved terms of the PUD plan.
c. The PUD Zone District shall comply with all applicable PUD use and development standards set forth in Section 17-16-110.
d. The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and similar features.
e. To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community.
f. Sufficient public safety, transportation, educational, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development.
g. As applicable, the proposed phasing plan for development of the PUD is rational in terms of available infrastructure capacity, marketing, and financing.
h. The same development could not be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications.
i. The applicant has submitted a schedule of development and agrees to the schedule subject to the revocation and withdrawal clauses of this section. (If the applicant is responsible for a delay of more than 6 months between the Planning Commission and City Council review the Planning Commission’s previous decision shall be subject to withdrawal.)
PUD DESCRIPTION AND ANALYSIS
The proposed PUD is intended as a mixed use development, with an underlying zoning designation of MU-Mixed Use, which would accommodate a wide range of commercial and industrial land uses along with multi-family. The PUD specifies development standards that would apply to development within the Property, including minimum building setbacks, maximum building height allowances, minimum lot sizes, and parking requirements. The PUD also specifies certain design standards that would apply to development within the Property, including building architecture, color palettes, landscaping, lighting, and signage.
The proposed PUD divides the property into 3 zones for development purposes:
• Zone A, Lots 1, 2, 3, 4 & 5 are intended for commercial uses;
• Zone B, Lots 8, 9 & 10 are intended for commercial uses and multi-family; and
• Zone C, Lots 6 & 7 are intended for commercial uses, multi-family and industrial uses.
In addition to the lots, there are 2 tracts (A & B) that are being dedicated to the City for open space.
The PUD confers a benefit to the City by establishing specific design standards that would apply to the whole Property and creating a unified and cohesive development that would not likely occur through a straight zoning designation and ad hoc development. The PUD requires that all buildings, exterior light fixtures, and monument signs within the development maintain a consistent style or architectural theme, through the utilization of similar materials, colors, and architectural features.
In addition, the applicant is proposing some additional screening and fencing standards for outdoor storage due to the proximity to the South Platte River, open space and multi-family.
The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and other features. The main access point to the site from Baseline Road lines up with the existing access to the Northern Wastewater treatment plant and extends to Kuner Road, which increases connectivity with the existing street grid.
The development proposed by the PUD would not likely be able to be accomplished without the utilization of a PUD. The PUD is intended to provide Retail space and an Industrial and Commercial Business Park with Multi-family that will accommodate a wide range of commercial and industrial land uses. Given the location of the Property, with direct connectivity to US-85 and surrounded by existing urban development, the Property has a unique set of opportunities and constraints that are uniquely addressed within the PUD. At the same time, the PUD also provides for a wide range of commercial uses and the potential for multi-family, of which there is a likely market demand, given the Property’s visibility and direct connection to US-85. The wide range of potential land uses allowed by the PUD allows the Property to take advantage of the industrial and commercial market potential, while still respecting the existing urban fabric and establishing a cohesive design standard across the whole Property. This flexibility in allowed uses and requirement for design cohesiveness could not be easily accomplished through the use of techniques other than a PUD.
The proposed phasing of development within the PUD is rational in terms of available infrastructure capacity, and financing. The installation of adequate public improvements and the installation of sufficient utility facilities and services will be required of each developer for each phase prior to future proposed development.
The Comprehensive Plan, Figure 4: Future Land Use Plan designates the Property as being appropriate for “Employment” and “Mixed Use” land uses. The Employment designation is intended to provide primarily light industrial and office uses, with some commercial uses. The Mixed Use land uses intend to provide residential, commercial and office. Figure 5: Planning Areas shows the Property as being located within the “City Core” Planning Area. The Core City Area is intended to maintain its basic character with an emphasis on improving the appearance, vitality, and functioning of the area and improving pedestrian systems and lessening traffic congestion, all of which the proposed PUD will help accomplish.
PUBLIC COMMENT
Notice of the City Council public hearing was mailed to property owners within 300 feet of the Property, published in the Brighton Standards Blade, and a public notice sign was posted on the Property, all for no less than fifteen (15) days prior to the public hearing. No comments from the public have been received by staff, as of the date of this memorandum.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard this item at a Special meeting on June 30, 2015. They recommended approval with the following recommendations: the uses of Lumber yard, RV and Large vehicle storage, Outdoor storage and Morgue be prohibited in the PUD and the use of large vehicle repair be only allowed indoors in a building that meets the designated design standards.
Although the Planning Commission recommended the removal and/or modification of the stated land uses, the applicant has chosen not to remove or modify the stated land uses and will present additional screening options for outdoor storage.
STAFF RECOMMENDATION
Staff finds that the proposed PUD conforms to the Comprehensive Plan’s designation of “Employment”, “Mixed Use” and the policies of the “Core City” Planning Area, and the PUD approval criteria set forth in Section 17-16-110 of the Land Use and Development Code. Therefore, staff has prepared two draft City Council Ordinances, one with the Planning Commission recommendations and one without.
In light of the Planning Commission’s recommendations, as a possible middle ground, staff would recommend the following: suggests not only that any outdoor storage and repair follow the Industrial Design Standards, but limits outdoor storage and repair to only 25% of each lot within Zone C. In addition, staff would like to ensure that adequate buffering occur along the South Platte River.
It is appropriate for the City Council to consider the zoning application concurrently with the annexation of the Property so long as the zoning ordinance is not approved unless and until the annexation ordinance is approved.
OPTIONS FOR COUNCIL CONSIDERATION
1. Approve the zone change request for the property with or without City Council modification to the PUD.
2. Approve the zone change request with the Planning Commission recommendations.
3. Not approve the zone change request for the property with specific findings to justify the denial.
ATTACHMENTS
• PUD Plan (18” x 24”)
• Planning Commission Resolution (PUD)
• Ordinance approving Riverfront PUD
• Ordinance approving Riverfront PUD with Planning Commission recommendations