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File #: ID-399-14    Version: 1 Name: Kum & Go Store #940 Rezoning
Type: Ordinance Status: Passed
File created: 2/9/2015 In control: City Council
On agenda: 8/18/2015 Final action: 8/18/2015
Title: AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING THE REZONING OF AN APPROXIMATELY 0.56 ACRE AREA OF LAND, KNOWN AS LOT 1, KUM & GO STORE #940, 1ST AMENDMENT, WHICH IS GENERALLY LOCATED IN SECTION 7, TOWNSHIP 1 SOUTH, RANGE 66, WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, FROM A ZONING DESIGNATION OF DT (DOWNTOWN) TO A ZONING DESIGNATION OF C-3 (GENERAL RETAIL AND SERVICES). (FINAL READING)
Attachments: 1. CC_Ordinance_Kum_&_Go_Rezone_3.3.pdf, 2. Ku&Go_Rezone_Map, 3. 1_Zone Change Questionnaire, 4. PC Resolution 15-01
Body
Department of
Reference:

To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aaron Clark, Assistant City Planner
Date Prepared: January 30, 2015
PURPOSE
As outlined in Article 17-8 of the City of Brighton Municipal Code, a request to change the zoning designation of a property must be reviewed by the City Council at a public hearing and approved by Ordinance.
BACKGROUND
Kum & Go, L.C., which operates a gas station and convenience store at 70 West Bridge Street, has purchased the 1.27 acre property immediately to the west of their current operation, currently known as Lot 2 of the Platte View Farm subdivision. The company plans to utilize part of this additional land to expand the available parking for their operation. To this end, Kum & Go is currently in the process of replatting in order to add a portion of Lot 2 to the Kum & Go property, which will expand their current lot to approximately 1.36 acres. The remainder of Platte View Farm Lot 2, approximately 0.7 acres, will be made available for other uses. The new lots will be known as Kum & Go Store #940, 1st Amendment, Lots 1 and 2.
Kum & Go's current location at the southwest corner of Bridge Street and Kuner Road is zoned C-3, General Retail and Services. Their new property to the west is zoned DT, Downtown. A "Gas Station with Convenience Store" is a use-by-right in the C-3 zone, but a conditional use in the DT zone. In order to comply with zoning as they expand their business, Kum & Go has applied to re-zone that portion of Lot 2 that will be added to the Kum & Go property (Lot 1) from DT to C-3. The remainder of Lot 2 will remain zoned DT.
STAFF ANALYSIS
The lots (shown on the attached map) are being re-platted to enlarge Kum & Go's existing property, which is zoned C-3, while the area to be added is zoned DT. It would be very difficult to maintain and enforce two different zoning designations on one lot; bes...

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