Department of Community Development
Reference: Magpie Property Zoning Map Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael Martinez, City Manager
Marv Falconburg, AICP, Deputy City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Nick Di Mario, Associate Planner
Date Prepared: July 25, 2022
PURPOSE
The zoning map amendment application, commonly known as a rezoning, before the City Council is for approximately 95.105 acres (the “Property”), comprised of six unplatted and yet to be annexed parcels, including a portion of East 152nd Avenue right-of-way (known as Bromley Lane within City limits), located to the north of East 152nd Avenue and east of Burlington Northern Santa Fe Railroad right-of-way and is currently zoned A-3 (Agricultural - 3) through Adams County. Madison Jones with Lovett Industrial is acting as the applicant (the “Applicant”) on behalf of the Property owners Magpie Run Properties LLC, Connie Surabian, Lazarus Surabian, Ryan Steel, Stacey Wenzel Steel, and Betty Mathis (the “Owners”). The Applicant submitted an annexation petition to the City that went before City Council for substantial compliance on July 5, 2022, where the City Council passed a resolution stating that the annexation petition was in substantial compliance with C.R.S. § 31-12-104, thus a request to annex is before the City Council concurrent with this application. The Property owners desire to develop the Property with access to City utilities and therefore must annex. Land annexed to the City must have a City zoning designation, and as such, the Applicant is requesting a rezoning to Light Industrial (I-1).
Zoning is necessary as it guides a property’s uses 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 the subject 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 developments (PD’s).
The Land Use & Development Code (the “LUDC”) outlines review criteria upon which the decision should be made. An ordinance to rezone must be approved by City Council via two readings to be considered approved. City staff collects and analyzes application materials, and after a thorough review, presents their findings to the Planning Commission for their recommendation prior to review and final determination by the City Council.
PROCESS
Rezoning is the second step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). Before any permits can be issued, a Subdivision Plan shall be approved via a public process, a Final Plat shall be approved administratively, and a Site Plan shall be approved administratively. All 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 to City staff nor have there been any applications received to plat or build on the Property. An application for annexation is being reviewed concurrently with this application.
STRATEGIC FOCUS AREAS
● Recognizable and Well-Planned Community
BACKGROUND
The Property is not currently annexed and is adjacent to city limits on one of its four sides. The property is 22.80% contiguous with existing City of Brighton city limits. It is currently in use for agricultural purposes. The Applicant seeks to rezone to allow for the development of the Property for light industrial uses. It is important for the City Council to consider the rezoning under the entire scope of uses that could be allowed within the desired zone district as outlined in the LUDC’s Article 4. Rezoning is the second step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). A subdivision plan, plat, and development agreement will be required before site development can occur.
CRITERIA BY WHICH THE COUNCIL MUST CONSIDER THE ITEM
COMPREHENSIVE PLAN:
As an evolving document, the Comprehensive Plan is subject to review and change. From time to time, unforeseen opportunities arise requiring a more in depth look at the possibilities of those opportunities, and how certain requests pursue the goals and objectives of the City of Brighton. Within the city limits of Brighton, and specifically in the southern portion of the City, there is high developer interest to develop vacant land (ex. Adams Crossings and Prairie Center). This land is situated in areas of existing, or future, residential, commercial, and mixed use zone districts and designations. The City is seeing a high demand to rezone these areas to allow for industrial uses, such as warehousing and distribution centers. As in more detail below, the Comprehensive Plan pursues goals and objectives that aspire for more industrial and job producing development, but situates them in an appropriate location.
The future land use portion of Be Brighton, the Comprehensive Plan, has designated this area as appropriate for ‘Agriculture’ and ‘Natural Resource Conservation’ land uses (see attached map for area designations). As mentioned, the Applicant is requesting to rezone the Property to I-1 (Light Industrial). Light Industrial uses are not supported in the ‘Agriculture’ and ‘Natural Resource Conservation’ designations. It is important to note that the Future Land Use Map and designations are only a portion of the Comprehensive Plan.
The portion of the site that is designated as "Natural Resource Conservation" in the Comprehensive Plan is due to the existence of a FEMA Regulatory Floodplain. This portion of the site is also shown in the Zoning Map to be covered by the Floodplain Control District. The Floodplain Control District is an "overlay" zone district. The new zoning designation of the site will not remove the overlay Floodplain Control District zone. The process for altering the FEMA Regulatory Floodplain boundary is known as the Letter of Map Revision (LOMR) and the process for demonstrating that a property is outside of a Regulatory Floodplain is called a Letter of Map Change (LOMC). The applicant would submit an application for a (LOMR) or (LOMC) to FEMA along with a study of the area showing that the site in question is no longer encumbered by a 100-year floodplain due to changes in the elevation of the property or the hydrology and/or hydraulics of the natural waterway. An application for a LOMR or LOMC requires that the applicant also demonstrate compliance with the Federal Endangered Species Act. FEMA and the local jurisdiction (City of Brighton if the property annexation is approved) would be required to approve any revisions/changes to the Regulatory Floodplain. The City will work with the applicant, FEMA the Colorado Water Conservation Board and Mile High Flood District to ensure all regulations are followed related to floodplains. Once a Map Revision/Change is approved, the City would then modify the Flood Control District overlay boundary, allowing development to occur on the property according to the approved zoning designation. It is important to note that, if there were any jurisdictional wetlands located on the subject property, a Clean Water Act Section 404 Permit would be required to regulate the potential destruction of said wetlands.
Pursuant to Chapter 3: Future Land Use Plan and Opportunity Areas, 9. Retain and Expand the Bromley Interstate Business Park, this request will concentrate high-quality industrial development adjacent to existing industrial developments along the I-76 corridor. Any associated vehicle access and traffic will be concentrated along these major transportation routes along commercial and industrial corridors, not residential or mixed use areas. Additionally, prospective clients will benefit from direct access to the rail line and other major transportation routes, such as East Bromley Lane and I-76.
Pursuant to Chapter 2: Current Context and Values, Workforce & Opportunities, the Property is in close proximity to the area referred to as the Bromley Interstate Business Park, an area that anticipates a significant share of industrial development. As employment demands from new households continue to increase, this anticipated industrial development will continue to allow Brighton’s industrial employment sector to continue to grow and be competitive in the Metro Area. Within the same chapter under Development Pattern, the proposed rezone pursues the sustainability value as the proposed I-1 zone district will channel non-residential development to nodes and corridors near highways, and arterial transit.
Pursuant to Managing Growth Policy 1.1, zoning this Property for industrial uses will prevent the fragmentation in growth and industrial development, or “leapfrogging”. As there are industrial developments and utilities to the west of the Property, zoning and developing this land for industrial land uses will create a cohesive and continuous built environment. This will create an appealing pattern of development and will be much more cost effective to maintain. Pursuant to Managing Growth Policy 1.3 as any development of the land will pay its own way via extension of utilities, expansion of roads, and will be required to dedicate water to the City. This rezoning request pursues The Freestanding City Principle, Policy 2.1 as the rezoning will facilitate industrial development in close proximity to existing industrial development and major transportation routes. Of the same Principle, this request for a zoning map amendment will allow industrial development that will pursue Policy 2.2 and Policy 2.4 as the developer will be responsible to expand, extend, and construct adequate capital facilities, such as utilities and roadway expansions, and said extensions will be done in an efficient manner. Additionally, industrial zoning of the Property will facilitate urban development that is concentrated in an already existing urban area. Lastly, if the zoning is approved, the area designation will be amended within the Comprehensive Plan at a later date.
Per the analysis above, the Comprehensive Plan targets areas of high transportation volumes and existing non-residential areas as appropriate for industrial zoning designations and uses. Additionally, if the land is not annexed and zoned, the property can develop under the zoning jurisdiction of Adams County. That being said, the development would not be under the site planning standards of the City of Brighton for regulations such as building design, signage and landscaping. This would also mean that the City of Brighton would not absorb any associated property and sales taxes, impact fees, or control over the timing and design of public improvements, such as expansion of East Bromley Lane.
LAND USE & DEVELOPMENT CODE:
The below criteria shall be used to review the proposed Zoning Map Amendment. After each listed sub-section, staff has provided their analysis.
The City Council in making its decision shall use the following criteria (Section 2.03 C.):
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 a number of Policies of the Comprehensive Plan, despite the proposed zoning not aligning with the future land use designations.
2.) The proposal will support development in character with existing or anticipated development in the area, including the design of street, 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 allowed under the I-1 zone district will ensure that the site develops in accordance with all requirements of the LUDC. The surrounding allowed uses are compatible with the use of the Property as Light Industrial.
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. Additionally, external referral agencies will have the chance to review and comment on future plans that will be submitted to the City and reviewed by the appropriate parties.
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 Property is currently outside of city limits and zoned Agriculture-3 with Adams County. The rezoning will facilitate industrial development within the Bromley Interstate Business Park and provide for job creation.
5.) The recommendations of any professional staff or advisory review bodies.
City staff finds this site as appropriate for industrial 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 LUDC. Any project 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:
The Development Review Committee (DRC) reviewed this project and recommended approval.
Note: A complete list of comments and the agencies that made them can be provided upon request.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 1,000 feet of the proposed rezoning, as required by the Land Use & Development Code. These mailings were sent on July 29, 2022 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. Two public hearing signs were posted on July 29, 2022 with both located along the north side of E 152nd Ave. A notice was published on the City’s website on the same day. In accordance with the Land Use & Development Code and prior to the initial submittal, a neighborhood meeting was held on March 16, 2022 at 6:00pm.
As of the posting of this memorandum, Planning staff has not received any formal comments regarding the project in anticipation of the public hearing and its continuation. City staff published public hearing information on various forms of social media in the days leading up to the August 16, 2022 public hearing.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on July 14, 2022 and recommended approval by a 3 to 1 vote. (See the attached Resolution #22-4.)
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 2.04 C. 1. Review Criteria, of the LUDC and therefore recommends approval of this Zoning Map Amendment for the Property to Light Industrial (I-1).
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 CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Zoning Map Amendment application. City Council may:
1.) Approve the Zoning Map Amendment via Ordinance as drafted;
2.) Approve a modified Zoning Map Amendment via Ordinance;
3.) Deny the Zoning Map Amendment via Ordinance with specific findings to justify the denial, or;
4.) Continue the item to be heard at a later, specified date if the City Council feels it needs more 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.
Per the City Attorney’s Office, it is necessary to note that a denial by the City Council of the item before it must be because the Council does not find the item to meet one or more of the review criteria outlined in the staff report. If a denial is put forth, the motion must outline the particular review criteria that the Council finds the request does not meet.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 22-4
● Aerial Map by City Staff
● Zoning Map Amendment by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notice
● Website Publication Proof
● Affidavit of Sign Posting
● City Staff’s Draft Presentation