Department of Community Development
Reference: 57 N. 10th Avenue - Zone Change
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Deputy City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Oscar Ortiz, Assistant Planner
Date: August 17, 2021
PURPOSE
The Zone Change application before the City Council for their review and consideration is for an approximately 0.1722 acres (7,501 sq. ft.) property comprised of one platted and annexed parcel (the “Property”), located on the southwest corner of N. 10th Avenue approximately one hundred feet south from the intersection with Walnut Street. Currently, the Property has a zoning designation of “Residential” via the House of Neighborly Services Planned Unit Development (PUD). Richard White of HJD Consulting is the applicant working on behalf of the Property owner, Diana Lara (the “Owner”). The Owner desires to construct a residential duplex on the Property. As such, the Applicant is requesting a zone change from PUD to R-2 (Mixed-Density Residential).
STRATEGIC FOCUS AREA
● Recognizable and Well-Planned Community
PROCESSES
A ‘Zone Change’ is subject to the procedures and criteria in Section 2.03 ‘Zoning Map Amendment’. If approved, the applicant can build a duplex in the proposed location after approval of a site plan and building permit.
A zoning change approval is generally the second step in the development process. The process for these instances is as follows:
Annexation > Zoning > Platting > Site Plan Review > Building Permits. Site Plan approval will be required before site development can occur.
When considering this zone change, the City Council should use the criteria outlined in the Land Use & Development Code, Section 2.03 Zoning Map Amendment.
BACKGROUND
The property was owned by the House of Neighborly Service (HONS), which was intended to be used as temporary emergency housing occupancy for people in need. The units were temporary emergency shelters. Families could stay for one week, unless there were extenuating circumstances upon which, they could extend their stay for an additional week or other time deemed appropriate by HONS.
The Property is currently vacant land and has not been used for temporary emergency housing in some time. The Applicant seeks to rezone to allow for the construction of a duplex.
Surrounding Land Use(s):
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
COMPREHENSIVE PLAN:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated this area as appropriate for High Density Residential (12-24 DU/A). The use of the subject Property for uses allowed as R-2 are consistent with the Comprehensive Plan. Residential uses in this designation include Detached House, Duplex, Row House, Apartment, Live/Work, Senior Living-Independent, Senior Living-Assisted, Group Home-Assisted Living, and Group Home-Protective.
LAND USE & DEVELOPMENT CODE
Article 4, Zoning and District Uses, Table 4-1: Zoning Districts and Intent states that, “the R-2 District provides residential living (wide range of small scale of residential building types) in a compact, walkable neighborhood setting allowing a mix of housing options at strategic locations which transition to complementary and supporting non-residential uses. A well-designed public realm provides the focal point to integrate a variety of building types with a consistent neighborhood character. A duplex is a residential building designed to accommodate 2 to 4 primary dwelling units in an urban neighborhood or suburban setting. Duplex units that share a single common wall may be on a single lot, or it may be platted as separate lots along the common wall line subject to platting restrictions. All other duplex shall be on a single lot, duplex buildings shall have a scale, design, and orientation of access and entrance features that maintain the appearance and form similar to Detached House.”
The below criteria shall be used to review the proposed rezoning. After each listed sub-section, staff provides analysis.
The City Council in making its decision shall use the following criteria (Section 2.03 B):
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 comply with the Comprehensive Plan, which indicates the property is intended to be high density residential.
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 subject property is in compliance with the Land Use and Development Code, and it meets the requirements for R-2. The area to be zoned is large enough for future site development to meet development standards in terms of such items as setbacks.
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 subject property is within City limits and services are readily available.
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 original PUD does not provide for allowed uses, and setbacks. However, the R-2 zone district matches the surrounding zoning (east and west) and will allow for the construction of the proposed use (duplex).
The rezoning of this Property will facilitate orderly growth. It will allow the property owner to develop the Property within the City of Brighton for residential uses.
5. The recommendations of any professional staff or advisory review bodies.
After rezoning, the subject property needs to go through Site Plan review by City Staff before any building permits can be issued.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee (DRC) reviewed this proposed zone change and recommended approval.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 300 feet of the proposed zone change, as required by the Land Use & Development Code. These mailings were sent on July 15, 2021, and included a letter describing the proposed zoning, as well as the time and place for the public hearing. Also, included with the letter, was a map of the subject area. Along with the public mailings, a public hearing sign was posted on July 19, 2021.
A notice was published in the City of Brighton’s website on July 16, 2021. As of the posting of this memorandum, Planning staff has not received any formal comments regarding the project in anticipation of the public hearing. City staff published public hearing information on various forms of social media in the days leading up to the August 17, 2021 meeting.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on July 8, 2021 and recommended approval unanimously after a public hearing was held (see the attached Resolution # 21-5). All required notice requirements were conducted before this meeting and notice was posted to various social media sites.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zone Change is in general compliance with the requirements as outlined as approval criteria in Section 2.03 B., Review Criteria, of the Land Use & Development Code and therefore recommends approval of the rezoning. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation based on City staff’s review of the applicable codified criteria.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this rezoning application. City Council may:
1.) Approve the Zone Change via ordinance as drafted;
2.) Approve a modified Zone Change via ordinance;
3.) Deny the Zone Change 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 & Development Code.
ATTACHMENTS
● Draft City Council Ordinance
● Copy of the Planning Commission Recommendation, Resolution #21-5
● Aerial Map by City Staff
● Neighboring Property Owner Notification
● Addresses of Property Owners Notified
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation