Department of Community Development
Reference: James Property Zoning Map Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: December 11, 2025
PURPOSE
The zoning map amendment application (the “Application”) before the City Council is for an approximately 6.05-acre property (the “Property”), generally located to the north of East Bridge Street, south of Garcia Avenue, east of Chapel Hill Drive, and west of the North 40th Avenue alignment. Currently, the Property has a zoning designation of Adams County A-1 (Agriculture-1). Jeff Liljegren is the project contact working on behalf of the Property owner and applicant, Vera Mae James (the “Applicant”). The Property was annexed into the City on December 16, 2025. Land annexed into the City must have a City zoning designation, and as such, the Applicant is requesting a rezoning from Adams County A-1 (Agriculture-1) to City of Brighton C-2 (Restricted Retail and Services).
Zoning is necessary as it guides which property uses are 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 a property. The zoning district 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 development (PD).
The Land Use & Development Code (the “LUDC”) outlines the review criteria upon which the zoning decision should be made. 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 are brought before the Planning Commission for their recommendation prior to review and final determination by the City Council. An ordinance to rezone must be approved by City Council.
PROCESS
A zoning map amendment is the second step in the land development process with the City (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). Before any permits can be issued, a subdivision plan must be approved through a public process, a final plat must be approved administratively, and site plans must be approved administratively. All applications will be reviewed using the LUDC to ensure a proposal’s compliance with City codes and policies. It is important to note that no user has been identified nor have any applications been received to plat or build on the Property. This zoning amendment is required because the property was recently annexed, and the property was annexed pursuant to a settlement agreement.
The zoning map amendment process provides review of changes to the boundary of zoning districts that may be necessary to implement the Comprehensive Plan, to account for changed conditions in the general area, or to reflect a change in policies with respect to future development.
As such, staff, the Planning Commission, and the City Council must use the Review Criteria outlined in LUDC Section 2.03(B) in their review of the Application. These criteria generally include, but are not limited to, upholding the goals and objectives of the Comprehensive Plan, supporting development in character with existing or anticipated development in the area, ensuring that the change will serve a community need, amenity, or development that is not possible under the current zoning.
BACKGROUND
The Property was annexed into the City on December 16, 2025. It is currently unplatted.
Surrounding Land Use(s):
|
Surrounding Direction |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Single Family Detached |
The Preserve PUD |
City of Brighton |
|
South |
Vacant |
Pheasant Ridge PUD |
City of Brighton |
|
East |
Offices (School District 27J) |
I-1 |
City of Brighton |
|
West |
Civic Use (church) and Single Family Detached |
C-O and Chapel Hill PUD |
City of Brighton |
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
COMPREHENSIVE PLAN:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Medium Density Residential and Employment - Commercial. As mentioned, the Applicant is requesting to rezone the Property to C-2 (Restricted Retail and Services). While the north section of the Property is designated as residential, the property directly to the east is currently zoned as I-1, an industrial use. Zoning the Property as C-2 will provide a buffer between residential and industrial zoning, which are not compatible. The south section of the Property in the Comprehensive Plan is designated as Employment - Commercial, which promotes regional, job-creating mid-rise offices in a unified campus. While it does list a commercial zone district as a compliant zone district, C-3 (General Retail and Services) is the only commercial district shown as compliant. The uses allowed in this district are too intensive for this Property due to the adjacent residential uses on the west and north. C-3 allows uses such as large retail uses larger than 50,000 square feet and grocery stores larger than 90,000 square feet, both of which are too large for this site. An array of outdoor storage uses, which are not allowed by-right in C-2, are allowed in C-3. Large gas stations with up to 24 pumps are allowed in C-3, compared to 16 pumps in C-2. Additionally, certain storage and warehousing uses are allowed by-right in C-3 while none are allowed in C-2.
At the time the Comprehensive Plan was written, the Employment - Commercial Designation and some of the compliant zone districts such as Business Park were more utilized than they are today due to changes in the real estate market occurring since the COVID-19 pandemic. Additionally, the designation was foreseen to cover multiple properties to create a larger commercial employment campus. In the years since that vision was established, the surrounding properties have not developed in the way anticipated. The subject Property had not been annexed and could not develop in that way at the time, leaving the surrounding properties to develop differently. The size of the property, as well as its long and narrow shape, makes it difficult for this Property to zone to one of the compliant zone districts and carry out the intense future land use designation by itself. Staff has determined that C-2 is a more appropriate zone district for this Property in light of those issues.
The proposed zoning meets a variety of policies of the Comprehensive Plan. Pursuant to Chapter 3: Future Land Use Plan and Opportunity Areas, Number 10. Throughout the City, Concentrate Commercial Development at Key Intersections to Serve Surrounding Areas states that the City should encourage the development and revitalization of smaller commercial centers at key intersections throughout the City. The proposed rezoning, located at the corner of the North 40th Avenue alignment and East Bridge Street, is an ideal location for a small commercial center. Creating a buffer between less intense uses and the industrial zoning, and the installation of the traffic signal as part of the Bridge Street widening project, makes this area viable for commercial uses.
Additionally, Number 13. Bridge Street Opportunities in the same chapter mentions that revitalization and infill along Bridge Street should concentrate commercial development in nodes. As an enclave prior to the recent annexation, most of the properties surrounding this Property have been developed, some as commercial and some as residential. Especially considering the new traffic signal, this Property will easily integrate into the Bridge Street landscape as commercially zoned land.
Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the Application 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
● The development of this Property as a commercial use will support the balance between residential and non-residential zoning in the area. The proposed rezoning would integrate into the vision for Bridge Street that promotes the live, learn, work, shop, and play concept. As a transition between residential and civic uses to more intensive uses, this Property will be easily accessible and allow those from nearby neighborhoods to promote the live, learn, work, shop, and play concept.
Policy 5.2 - Support Brighton’s Non-Downtown Commercial Centers, Focusing on Growth within Existing Investment Areas Where Possible
• Recent investment into Bridge Street, including upgrades to sidewalks and the installation of a traffic signal at 40th Avenue and East Bridge Street, allows for commercial uses to be more viable on the Property than prior to that investment. The non-residential uses surrounding much of the Property create a small commercial corridor along this area of East Bridge Street in the midst of residential development.
Policy 8.1 - Encourage Redevelopment of Strategic Areas and Promote Infill Development
• The proposed change in zoning to commercial uses will encourage the redevelopment of this Property but also may help catalyze the development and redevelopment of sites in proximity to the Property, many of which have not been developed to their full potential.
LAND USE & DEVELOPMENT CODE:
The City Council in making its recommendation shall use the following criteria (LUDC 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 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 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 development of the land as commercial aligns with the character of the area and the desire for more commercial uses along key intersections. The proposed rezoning will support the vision of the East Bridge Street corridor by adding to the overall balance between residential and commercial zoning in 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 at the time of development.
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.
As the Property is currently zoned for agricultural uses via an Adams County zoning designation, the Property as agriculturally designated is not in alignment with the Comprehensive Plan or the vision for this corridor. The approval of City zoning for this Property is required by state statute since it has recently been annexed, and the City’s commercial zoning designation will meet our community needs.
5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for commercial 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.
PUBLIC NOTICE AND COMMENT
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 November 10, 2025, 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 the same day. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. Also on November 10, 2025, one sign was posted on the Property. As of the publication of this report, staff has not received any formal inquiries regarding the Application in anticipation of the public hearing.
On August 5, 2024, as required by Code prior to the submission of the Application to the City, the applicant held a virtual 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 a member of their team available to present their proposal, field any questions, and take feedback from meeting participants.
STAFF RECOMMENDATION
The Development Review Committee (DRC) reviewed this project and recommends approval.
Staff finds that the Application is in general compliance with the requirements of LUDC Section 2.03 (B) and therefore recommends approval of the Application. Staff has prepared a draft resolution based on these findings.
PLANNING COMMISSION RECOMMENDATION
Planning Commission heard the proposal at a public hearing on December 11, 2025 and recommended approval. Resolution Number 25-11 is attached.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Application.
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 determines it needs additional information.
ATTACHMENTS
● Draft City Council Ordinance
● Signed Planning Commission Resolution (Reso. No. 25-11)
● Aerial Map by City Staff
● Proposed Zoning Map Amendment (Exhibit B of the Ordinance)
● Public Notice on Website and Property Owner Notification
● Buffer Map of Mailing Radius
● Affidavit of Sign Posting
● Website Posting Proof
● Draft Staff Presentation