Department of Community Development
Reference: Ravenfield Zoning Map Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: October 24, 2024
PURPOSE
The Zoning Map Amendment application (the "Application”) before the City Council is for an approximately 6.14-acre property (the “Property”), generally located to the north of Purcell Street, south of the First Presbyterian Church, east of South 27th Avenue and west of the Brighton Lateral Ditch. Currently, the Property has a zoning designation of C-O (Commercial Office) and PUD (Planned Unit Development). Rebecca Greek is the project contact working on behalf of the Property owner and applicant, Brighton Housing Authority (the “Applicant”). The Applicant is requesting a rezoning from C-O (Commercial Office) and PUD (Planned Unit Development) to R-3 (Multiple Family Residential).
Zoning dictates whether uses at a property 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. 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 development (PD).
PROCESSES
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 at a public hearing, a final plat must be approved administratively, and site plans must be approved administratively. It is important to note that the Property is currently platted and therefore may only need to go through the platting process if deemed necessary under Section 2.02 A in the Land Use and Development Code (LUDC). All applications will be reviewed using the City’s LUDC to ensure a proposal’s compliance with City codes and policies. As the owner of the Property and applicant of this project, the Brighton Housing Authority has the intent to develop the Property, although at this time there are no site-specific development applications currently under review.
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 recommendation prior to review and final determination by the City Council. A zoning map amendment must be approved by ordinance, which requires two readings before the City Council.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.03(B.) of the Land Use & Development Code (the “LUDC”) outlines the review criteria upon which the City Council must consider a zoning map amendment. Specifically, the City Council must consider the following:
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.
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.
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.
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.
5. The recommendations of any professional staff or advisory review bodies.
BACKGROUND
The Property was annexed in 1980 as part of the Leeper-Erger Property Annexation, Ordinance 1027. The Property was zoned PUD along with the annexation, but there is no official PUD documentation laying out allowed uses. A portion of the site was rezoned to C-O in 1995 under City Council Ordinance 1479. As a result of a portion of the land being zoned as an undesignated PUD, the site must be rezoned to allow for the establishment of allowed uses.
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
The Application proposes a zoning of R-3 (Multiple Family Residential). This zoning designation would allow for uses such as duplexes, row houses, apartments, etc. All associated uses with this zone district can be found in Article 4 of the LUDC.
Comprehensive Plan:
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Commercial. The Future Land Use designation of Commercial is intended to provide for a range of commercial uses, such as shops, restaurants, grocery stores and other commercial uses. As mentioned, the Applicant is requesting to rezone the Property to R-3, Multiple Family Residential. While this does not meet the intent of the Commercial designation, there are a number of factors that explain this. Limited right-in, right-out access along the most visible roadway, 27th Avenue, limits the traffic that would be able to access the site coming from the north. This makes commercial uses on this site difficult in terms of access. Additionally, considering the multi-family development to the south of this development, as well as the residential uses to the east and the west of the property, the R-3 zoning would be more compatible with the existing residential uses.
The proposed zoning meets other policies and strategies of the Comprehensive Plan. The Opportunity Area Policies Section of Chapter Three, Number 2. Encourage Higher Residential Densities Near Commercial Centers and Major Corridors states that housing intensity and diversity should increase along locations where high intensity employment/retail exists and along major corridors to create a fine-grained and accessible mix of land uses. The proposed rezoning would increase the high-density residential development in the area and concentrate multi-family development near other residential uses, and along a major corridor. Given the commercial use to the south, the civic use to the north, and the residential development to the east and west, this proposed rezoning would further fill in the already existing mixed-use corridor.
Additionally, the proposed zoning meets The Opportunity Area Policies Section of Chapter Three, Number 16. 27th Avenue/Buckley Road Opportunities. This policy states that 27th Avenue will continue to become a major north-south arterial, and that nodes of development should be created along the corridor. The corridor should be a mixture of commercial, office, public, and residential uses. As the major commercial development will likely take place on the corner of two arterials at the intersection of Bromley Lane and 27th Avenue, the proposed zoning of this parcel as residential would add a mix of uses to that portion of the corridor, especially along the east side of 27th Avenue.
Within the Comprehensive Plan Chapter Four on ‘Citywide Principles, Policies & Strategies’, the proposed Zoning Map Amendment advances a number of these goals:
Policy 1.1 - New Growth Should Favor Existing Areas of Infrastructure Investment and Planning
● The Property is within an area of existing infrastructure and is along a minor arterial roadway. Any future development will build upon the established framework of roads, utilities, and other public amenities.
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 will support the balance between residential and non-residential zoning in this area. The proposed rezoning would integrate into the existing mixed-use vision for this area that promotes the live, learn, work, shop, and play concept.
Policy 6.5 - Encourage Projects that Enhance the Diversity of Housing Types and Costs, and Manage Affordability through Supply and Subsidy
● The rezoning of this Property encourages diverse types of housing developments for the full spectrum of incomes and meets the needs of all ages and walks of life.
Policy 8.1- Encourage Redevelopment of Strategic Areas and Promote Infill Development
• The development of this Property promotes infill development and would prioritize sites that are highly visible as the Property is along an arterial roadway.
Land Use & Development Code:
The City Council in making its decision shall use the criteria outlined in Section 2.03 B. Below, Staff analyzes how the Application meets and/or exceeds the criteria.
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 residential aligns with the character of the area and the desire for higher density residential near commercial centers and an accessible mix of land uses. The proposed rezoning will provide more opportunity along the 27th Avenue corridor by adding to the overall balance between residential and commercial zoning in the area while providing corridor improvements.
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.
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 current zoning designation of C-O and PUD and Future Land Use map designation of Commercial does not allow many residential land uses; the proposed rezoning will provide more opportunity for residential development. The residential development in this area aids in the creation of dense, attainable housing that the City needs. The rezoning meets a number of policies in the Comprehensive Plan and as such, will serve the needs of the community.
5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for residential 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.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed this project and recommends approval.
Note: A complete list of comments and the agencies who made them are available upon request.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on September 26, 2024, and unanimously recommended approval (see the attached Resolution #24-09).
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed zone change, as required by the Land Use & Development Code. These mailings were sent on October 18, 2024, 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 October 14, 2024. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. On October 16, 2024, two signs were posted on the Property. One sign was posted on the north side of East Bridge Street and one sign was posted on the east side of North 27th Avenue for the City Council Public Hearing on November 4, 2024. As of the posting of this report, Planning staff has not received any formal inquiries regarding the project in anticipation of the public hearing.
On June 20, 2024, as required by Code prior to the submission of the Application to the City, the applicant held a 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 multiple members of their team available to present their proposal, field any questions, and take feedback from meeting participants. A copy of the neighborhood meeting minutes is attached to this report.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Zoning Map Amendment 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 Ravenfield Zoning Map Amendment. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zoning Map Amendment application. The City Council may:
1.) Approve the Zoning Map Amendment;
2.) Deny the Zoning Map Amendment with justification for the denial;
3.) Approve the Zoning Map Amendment with changes to the drafted ordinance, 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.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Aerial Map by City Staff
● Zoning Map Amendment by Applicant
● Neighborhood Meeting Minutes
● Planning Commission Resolution #24-09
● Planning Commission Public Comment
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● Affidavit of Sign Posting
● City Staff’s Draft Presentation