Department of Community Development
Reference: Metro Water Recovery Conditional Use Permit Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Hampton Moore, Planning Technician
Date Prepared: March 18, 2026
PURPOSE
To consider an amendment to the conditional use permit for the Metro Water Recovery Northern Treatment Plant to allow the installation of temporary construction yards (the “Application” or the “Amendment”). The Metro Water Recovery Northern Treatment Plant is located at 51 Baseline Road (the “Property”). The existing Conditional Use Permit was approved via City Council Resolution 2012-132 in order to allow the development of the Property for a water treatment plant (the “Conditional Use Permit”) but did not contemplate temporary construction yards to serve the long-term expansion of the Property. The Application would allow for the installation of the temporary construction yards in support of the expansion originally approved by the Conditional Use Permit. The Application would allow the temporary construction yards for a duration not to exceed 10 years. Aidan Travers is the project representative on behalf of the Property owner, Metro Water Recovery (the “Applicant”). City staff collected and analyzed application materials and, after a thorough review, are prepared to present their findings to the City Council at a public hearing.
Per Land Use & Development Code (“LUDC”) Table 4-2, the use of a Water and/or Wastewater Treatment Plant is permitted by right in the Public Lands (“PL”) zone district. However, at the time of entitlement in 2012, Water and/or Wastewater Treatment Plant was a conditional use in the PL zone district, thus requiring the Conditional Use Permit. As the Property is now governed by the Conditional Use Permit, any changes to the site must be permitted through an amendment to the Conditional Use Permit.
Furthermore, temporary uses are separately governed by LUDC Section 4.03(J). Per this section, construction yards are permitted as a “long-term temporary use” with a typical maximum duration of no more than 365 days. The 10-year timeline proposed by the Applicant greatly exceeds the typical maximum duration, necessitating an amendment to the Conditional Use Permit.
While conditional use permits are typically approved by the Planning Commission, per Section 2.07(D) of the LUDC, “[a]ny amendment to a conditional use permit shall require the same process as the original approval.” As the Conditional Use Permit was originally approved by the City Council in 2012, any amendment to the Conditional Use Permit must also be reviewed by the City Council.
PROCESSES
When a Conditional Use Permit is required, it is typically the fifth step in the development process. The process is generally as follows:
Annexation > Zoning > Subdivision Plan > Platting - Final Plat > Conditional Use Permit/Site Plan > Permits
Approval of the Application would allow the applicant to apply for permits for the construction yards.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
An amendment to a conditional use permit is reviewed in accordance with the criteria detailed in LUDC Section 2.07 and set forth below:
1. The application furthers the intent of the proposed zoning district, does not conflict with the intent of any abutting districts, and is otherwise determined to be consistent with the Comprehensive Plan.
2. Any associated site development or construction complies with requirements of this code, including any conditions identified with any particular use.
3. Whether any additional site-specific conditions are necessary to meet the purposes and intent of this code and the intent or design objectives of any applicable subsections of this code, or to mitigate any other potential impacts that are specific to the proposed use.
4. The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape.
5. The adequacy of drainage, utilities and other public facilities.
6. Compatibility with the character of the area in terms of building scale, building form, architectural character and quality, landscape and site design.
7. Compatibility with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property.
8. Whether a limited time period for the permit is reasonably necessary to either limit the duration of the use, assess the use against changing conditions in the area, or ensure periodic reporting and ongoing enforcement of the permit.
9. The application will not have negative impacts on development and use of the neighboring property in accordance with the applicable development regulations.
10. The long-range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area.
11. The recommendations of professional staff or other technical reviews associated with the application.
BACKGROUND
The Property was annexed as part of the Metro Wastewater Reclamation District - North Treatment Plant Annexation. It is currently zoned as PL (Public Lands), and it is platted as Lot 1, Block 1 of the Metro Wastewater Reclamation District North Treatment Plant Subdivision.
STAFF ANALYSIS
As noted, the Application is to maintain temporary construction yards in support of the long-term expansion and development of the Property as approved with the Conditional Use Permit. The City Council in making its decision shall use the criteria set forth in 2.07(B). After each listed criterion staff provides further analysis.
1. The application furthers the intent of the proposed zoning district, does not conflict with the intent of any abutting districts, and is otherwise determined to be consistent with the Comprehensive Plan.
The future land use map within the Be Brighton Comprehensive Plan has designated this Property as appropriate for ‘Public Lands’ land uses. The proposed temporary construction yards meets this designation by providing support for the expansion of governmental services in the form of the Northern Treatment Plant.
Additionally, the proposed Application meets other policies and strategies of the Comprehensive Plan. Within Chapter Four on ‘Citywide Principles, Policies & Strategies’ the proposed Application advances a number of goals:
Policy 1.2: New Municipal Investments in Infrastructure and Public Facilities Should Strategically Further The Plan’s Broader Vision and Principles
Policy 1.5: Carry Out Ongoing, Transparent and Cooperative Interagency and Interdepartmental Planning Efforts
The proposed Application would support the expansion of water treatment services in Brighton and the greater north Denver metro region as a whole. This partnership with Metro Water Recovery provides increased capacity for further development in the City and is vital to the City’s economic and residential growth.
City staff finds that the proposed temporary construction yards for a publicly owned and operated facility fits into the ‘Primary Uses’ category, of the ‘Public Lands’ zone district and future land use designation, of which this Property is included.
Any associated site development or construction complies with requirements of this code, including any conditions identified with any particular use.
The Applicant will comply with Fire and Building Safety standards for business operations, as well as the City of Brighton’s Land Use & Development Code. The Applicant has agreed to all proposed conditions.
2. Whether any additional site-specific conditions are necessary to meet the purposes and intent of this code and the intent or design objectives of any applicable subsections of this code, or to mitigate any other potential impacts that are specific to the proposed use.
City staff is recommending eight (8) conditions that place reasonable limitations on the temporary construction yards in order to mitigate any potential impacts of the proposed operation on the neighboring properties. The recommended conditions also help the proposal meet the intent of the Land Use & Development Code, specifically by limiting the visibility of the storage yards from public spaces and by providing a stable surface.
Proposed Conditions:
Below is a list of the proposed conditions for the Application. The Applicant has agreed to abide by the proposed conditions as part of this Application. Pursuant to LUDC § 2.07(C)(5), the City Council may attach any additional conditions it feels may be necessary to ensure the Application meets the review criteria.
1. The temporary construction yards shall be limited to the area shown in the Conditional Use Permit application.
2. The temporary construction yards shall be fully screened from public spaces, and no materials shall be stacked higher than the screening.
3. The maximum fence height to be used for screening shall be 10 feet.
4. Screening shall be permanent decorative, opaque fencing that complements the architecture and materials of the surrounding buildings.
5. A stabilized, dust-free surface shall be used in the temporary construction yards.
6. Site landscaping shall be maintained in the original condition as approved by Conditional Use Permit 2012-132.
7. The temporary construction yards is permitted for a period no longer than ten (10) years from the approval date of the resolution.
8. The conditions of Conditional Use Permit 2012-132 remain in full force and effect.
3. The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape.
City staff is recommending a condition to ensure the proposed temporary construction yards will be screened from external public view and will be positioned on an internal portion of the site. There are no public areas within the site that will be affected by the proposed temporary construction yards.
4. The adequacy of drainage, utilities and other public facilities.
The proposed temporary construction yards is intended by the Applicant to utilize a permeable, stabilized ground cover that will not impede drainage. The temporary construction yards will not hinder existing utilities or public facilities and will not create any increased utility demand.
5. Compatibility with the character of the area in terms of building scale, building form, architectural character and quality, landscape and site design.
City staff is recommending a condition that the manner of screening used for the temporary construction yards be consistent with the surrounding architecture and site design.
6. Compatibility with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property.
The proposed operations are compatible with surrounding land uses. The proposed temporary construction yards will be internal to the site and shielded from the surrounding land uses by the existing water treatment plant use and the proposed screening of the construction yards.
7. Whether a limited time period for the permit is reasonably necessary to either limit the duration of the use, assess the use against changing conditions in the area, or ensure periodic reporting and ongoing enforcement of the permit.
The temporary construction yards are requested for a duration of ten (10) years. City staff finds that this duration is consistent with Metro’s strategic expansion plans and that this timeline would be sufficient to complete the planned buildout of the site.
8. The application will not have negative impacts on development and use of the neighboring property in accordance with the applicable development regulations.
City staff is recommending a condition that would limit the temporary construction yards to an internal area of the site identified by Metro. Staff finds that the construction yards in this area would not have any negative effects on neighboring properties.
9. The long-range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area.
The proposed temporary construction yards support the long-range plans for the site. The construction yards will constitute an interim condition for the site as Metro progresses towards full buildout as approved by the existing Conditional Use Permit.
10. The recommendations of professional staff or other technical reviews associated with the application.
All recommendations are addressed in the proposed conditions.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee reviewed the Application and recommended approval with the conditions stated above.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed Conditional Use Permit, as required by the Land Use & Development Code. These mailings were sent on March 20, 2026, and included a letter describing the Proposal as well as the time and place for the public hearing. Also, included with the letter, was a map of the subject area. A public hearing sign was posted on March 20, 2026, on the Property. A notice was published on the City’s website on the same day. As of the posting of this report, Planning staff has not received formal comments regarding the Proposal in anticipation of the April 7, 2026, public hearing. City staff published public hearing information on Facebook and NextDoor in the days leading up to the April 7, 2026, public hearing.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the proposed Conditional Use Permit Amendment for the Metro Water Recovery Northern Treatment Plant is in general compliance with the review criteria (LUDC, Section 2.07 B), and therefore recommends approval with conditions, as outlined. Staff has drafted a resolution that includes eight (8) conditions, should the City Council agree with staff’s recommendation and wish to approve the Conditional Use Permit Amendment.
OPTIONS FOR THE CITY COUNCIL’s CONSIDERATION
The City Council has four (4) options when reviewing this Conditional Use Permit Amendment application. It may:
1.) Approve the Conditional Use Permit Amendment via resolution as drafted; or
2.) Approve a modified Conditional Use Permit Amendment via resolution; or
3.) Deny the Conditional Use Permit Amendment via resolution 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.
Should the City Council deny the Conditional Use Permit Amendment, the Council shall prepare a resolution of denial and justify the decision with specific findings of fact related to the review criteria. A decision by the Council is final as outlined in the Land Use & Development Code. A Conditional Use Permit Amendment may be revoked by the Council through the same procedures granting the use, upon a finding that the conditions of approval have not been met, or the use has otherwise violated the provisions of the Land Use & Development Code.
ATTACHMENTS
● Draft City Council Resolution
● Exhibit B to Resolution - Conditional Use Permit 2012-132
● Exhibit C to Resolution - Location of Temporary Construction Yards
● Aerial Map by City Staff
● Neighborhood Meeting Minutes
● Public Notice on Website and Property Owner Notification
● Affidavit of Posting
● Buffer Map of Mailing Area
● Website Publication Proof
● Draft City Staff Presentation