PLANNING COMMISSION REPORT

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1 PLANNING COMMISSION REPORT REZONING CASE NO. RZ REPORT DATE: May 21, 2012 CASE NAME: Lakewood Gateway Official PLANNING COMMISSION DATE: June 6, 2012 Development Plan (ODP) Rezoning ADDRESS OF REZONING PROPOSAL: 7400 W. 26 th Ave. Lakewood, CO APPLICANT: APPLICANT S CONSULTANT: J. Marc Hendricks Shannon Robbins Hendricks Communities, LLC HCS Design Group, LLC 7350 E. Progress Pl., Suite E. Progress Pl., Suite 208 Greenwood Village, CO Greenwood Village, CO REQUEST: The applicant is requesting to rezone the two properties with addresses 7400, 7350, and 7340 W. 26 th Avenue from an existing Planned Development (PD) zone district to a new Planned Development (PD) to allow for a mix of residential, retail and small business uses. The proposed development would include a 4-story structure with retail uses on the main floor and 3-stories of independent senior (age- restricted) units above the retail uses. CITY STAFF: Planning Development Assistance Engineering Development Assistance Traffic Engineering Property Management Community Resources Economic Development Kara Mueller, Associate Planner Ken Hargrave, Civil Engineer III John Padon, Traffic Engineering Manager Garrett Downs, Senior Right-of-Way Agent Ross Williams, Parks Planner Neil Marciniak, Economic Development Specialist STAFF RECOMMENDATION: That the Planning Commission recommend that the City Council approve. Kara Mueller, Associate Planner Planning Development Assistance Evelyn Baker, Manager Planning Development Assistance ATTACHMENTS TO THE REPORT: Attachment A Vicinity Map/Aerial Map Attachment B Zoning Map Attachment C Lakewood North Official Development Plan (ODP) Attachment D Lakewood Gateway Official Development Plan (ODP) Attachment E Applicant s description of the request Attachment F Neighborhood meeting summary September 16, 2010 Attachment G Neighborhood meeting summary September 29, 2011

2 Page 2 of 13 I. SUMMARY OF REQUEST The applicant, J. Marc Hendricks for Hendricks Communities, LLC is requesting to rezone the property located at 7400 W. 26 th Avenue from Planned Development (PD) zone district to a new PD zone district. This rezoning would allow for a mix of residential, retail and small business uses in a 4-story structure with retail and small business uses on the main floor and 3 stories of age-restricted units above. The site is approximately 3 acres in size and is located at the southeast corner of Wadsworth Boulevard and West 26 th Avenue. II. PROCESS REQUIRED CITY APPROVALS The current request is to rezone the site from an existing PD zone district to a new PD zone district. The Planning Commission will review the rezoning request at a public hearing and will make a recommendation to City Council. The City Council will then review the Planning Commission public hearing minutes, the Planning Commission recommendation, and the staff report, and will hold a public hearing, after which they will make a final decision on the rezoning application. If the rezoning of the property is approved, the applicant will need to process a final site plan, final plat, and final engineering documents for approval prior to applying for building permits. Rezoning Request The proposed rezoning to the Planned Development zone district results in the creation of an Official Development Plan (ODP). The ODP will define allowable land uses, development standards, on-site parking, landscape and design requirements, and sign regulations. Conceptual and Final Site Plans All rezoning applications are required to include a conceptual site plan. The conceptual site plan for this case is included with the proposed Lakewood Gateway ODP (Attachment D). The conceptual site plan is intended to supply enough information about the development for the Planning Commission to make a recommendation to City Council. While the conceptual site plan is provided for review during the rezoning process, many details of the proposed development will be finalized and reviewed as part of the final site plan process. The final site plan will determine final layouts of buildings, parking lots, open space, building architecture, and landscape design. It will be reviewed against the standards for the Planned Development as described in the proposed Lakewood Gateway ODP and is required to substantially conform to the approved conceptual site plan. Final site plan approval is an administrative process.

3 Page 3 of 13 III. NEIGHBORHOOD CONTEXT Adjacent Zoning Designation North South East West Duplex and Small Small Lot Lot Residential Residential (2-R) (3-R) Residential Two (R-2) City of Wheat Ridge Planned Development (PD) Archer ODP Adjacent Land Uses Church Regional Detention Pond Facility Single-Family homes See Attachment A Vicinity Map/Aerial Map and Attachment B - Zoning Map. Professional Office Building The project site at 7400 W. 26 th Avenue includes two parcels of land and is located at the southeast corner of Wadsworth Boulevard and West 26 th Avenue. The site has two residential structures and an accessory structure. The applicant has abated and demolished the accessory structure and boarded up and removed graffiti from the two residential structures. The property to the south is a regional detention pond facility that is maintained by the Urban Drainage Flood Control District. A church is located on the property north of West 26 th Avenue, which is within the jurisdiction of the City of Wheat Ridge. The property to the east is singlefamily residential and the property to the west is zoned for office use. Applicable Neighborhood and Corridor Plans The Lakewood Comprehensive Plan does not specifically identify this site as an Area of Interest; however this site is the northern gateway of Wadsworth Boulevard into the City. There are two amendments to the Lakewood Comprehensive Plan that apply to this property: the North Wadsworth Boulevard Corridor Plan and the Edgewood Neighborhood Plan. These plans have been adopted by Planning Commission and approved by the City Council as amendments to the Comprehensive Plan, and provide guidance for the future development of this area. See Section VI for further information on how this proposal is consistent with the North Wadsworth Boulevard Plan and Edgewood Neighborhood Plan. IV. PROJECT DETAILS A summary of the differences between the existing zoning and the proposed zoning is provided in the chart below: Permitted Land Uses Existing Official Development Plan Lakewood North Financial institution, office, medical, public use facilities, convenience commercial uses. No drive through facilities. Proposed Official Development Plan Lakewood Gateway Age-restricted residential, financial institution, retail, office, medical, personal services, restaurant. No drive through facilities.

4 Page 4 of 13 Residential Density N/A Proposed number of agerestricted units 84 Height 45 feet 65 feet Architectural elements may project 10 feet above principal structure Parking 180 parking spaces or approximately 4 spaces per 1,000 square feet 1 space per age restricted unit 4 spaces per 1,000 square feet of retail/office/restaurant use. Bicycle parking required Minimum Front Setback Wadsworth Blvd and W. 26 th Ave. 30 feet Wadsworth Blvd 20 feet W. 26 th Ave. 15 feet Minimum Side and Rear 20 feet South property line 20 feet Setback East property line 10 feet Design Standards None Design/Architectural standards provided V. PUBLIC NOTIFICATION, AGENCY REVIEW AND NEIGHBORHOOD COMMENTS Notices of the two neighborhood meetings and the Planning Commission public hearing for the rezoning request were mailed to tenants and owners of property within 500 feet and to 3 registered neighborhood organizations within 1,000 feet of the subject property, as required by the Lakewood Zoning Ordinance. The project material was also sent to 11 outside referral agencies for review, as indicated in the table below. Agency Notification Referral Comments Sent Sent Received West Metro Fire Protection District X X Consolidated Mutual Water Company X X Wheat Ridge Sanitation District X X East Jefferson Sanitation District X X Xcel Energy X X Qwest X Comcast Cable X Jefferson County School District X X Colorado Department of Transportation X X Urban Drainage and Flood Control District X X City of Wheat Ridge X X Property Owners within 500 feet X Morse Park Neighborhood Organization X Northeast Lakewood Citizen Committee X Northeast Lakewood Neighborhood Organization X

5 Page 5 of 13 Agency Review The City received no objections in response to the case referrals. The following is a summary of the comments received in response to the agency referral and public notification documented in the chart above. 1. The West Metro Fire Protection District stated that the proposal will need to meet all provisions of the International Fire Code. 2. Consolidated Mutual Water Company stated that domestic water service may continue to be provided to this property subject to compliance with the Company s rules, regulations and requirements for such service. 3. The property lies within two sanitation districts, Wheat Ridge Sanitation District and East Jefferson Sanitation District. After correspondence from both sanitation districts it was determined that Wheat Ridge Sanitation District will serve the property. The applicant will need to process an application for inclusion of the entire property within the district. 4. Xcel Energy has existing electric distribution facilities within the areas indicated in this proposed rezoning. Xcel Energy had no objections to the proposed rezoning, contingent upon Xcel Energy s ability to maintain all existing rights. 5. The Jefferson County Public School District has requested fees in-lieu of land dedication. 6. Colorado Department of Transportation will require public way permits for the construction of the detached sidewalk along Wadsworth Boulevard. 7. The Urban Drainage and Flood Control District reviewed the preliminary drainage report and plans for this proposal and found the concept to be acceptable. 8. The City of Wheat Ridge had no comment. Neighborhood Comments A neighborhood meeting was held on September 16, 2010 to introduce the proposal and solicit comments. An additional neighborhood meeting was held on September 29, 2011 to provide an update on the proposal. At the first meeting approximately 30 residents were in attendance. stakeholders asked questions and voiced concern regarding the following issues: Neighborhood 1. Trail around the regional detention pond facility 2. Types of retail uses 3. Parameters of age-restricted residential units 4. Amount of parking being provided 5. Traffic timing westbound at the intersection of West 26 th Avenue and Wadsworth Boulevard

6 Page 6 of The height, mass and location of the principal structure 7. Landscape treatment of the east and south property lines 8. Drainage concerns along the east property line 9. Decrease in property values At the September 29, 2011 meeting 31 residents were in attendance. Topics of discussion were similar to the first meeting. The applicant stated that the height of the structure would remain at 4 stories, the building would step down with the topography from west to east, and the building is proposed to be located closer to the Wadsworth Boulevard frontage. The following is a brief summary of the applicant s response at the second neighborhood meeting to the neighborhood concerns: 1. Trail: The applicant, at the City s request based upon the Edgewood Neighborhood Plan and the North Wadsworth Boulevard Corridor Plan, explored the possibility of providing a trail around the regional detention pond facility. The applicant and City staff met with the Urban Drainage and Flood Control District and found that such a trail would also have to be designed to serve as a maintenance access to the pond. The additional improvements to satisfy the requirements for maintenance access would go beyond the applicant s expected scope of work. After weighing these additional improvement requirements along with the privacy and loitering concerns of neighboring property owners, the applicant determined that this trail would not be included as a part of the rezoning proposal. 2. Retail Uses: The applicant is proposing small business and retail uses that support the neighborhood and senior occupants of the site. 3. Age Restrictions: The age-restricted units are for persons age 55 and older. These are income restricted units. 4. Parking: Parking is being provided at a ratio that is expected to meet the needs of the proposed retail and residential uses. 5. Traffic: A traffic report was provided that found that the surrounding streets and the Wadsworth Boulevard and West 26 th Avenue intersection can support the proposed project. 6. Development Standards: The proposed structure has been moved closer to the intersection of Wadsworth Boulevard and West 26 th Avenue. The mass is linear and parallel to West 26 th Avenue providing the perception of less height and mass in relation to the eastern property line. 7. Landscape: Garages will be provided along the eastern property line to act as a buffer between the adjacent single family residential lots and the parking lot and on-site activity. The southern property line will have enhanced landscaping and seating for

7 Page 7 of 13 senior residents. 8. Drainage: A swale is being provided along the eastern property line to prevent runoff from entering the properties to the east, and a water quality pond will be provided to treat site runoff prior to release into the Regional Detention Pond Facility. 9. Property Values: The applicant stated that home values are typically assessed against similar unit types. In addition, this project is adjacent to a major intersection and oriented away from the neighborhood. See Attachments F and G for full summaries of the September 16, 2010 and September 29, 2011 neighborhood meetings. VI. PROJECT ANALYSIS ZONING CODE REQUIREMENTS The standards for reviewing rezoning requests are outlined in Section of the Lakewood Zoning Ordinance. Staff s analysis of the project against these standards is provided below in Section A. In addition to these standards, rezoning requests are also required to be evaluated against nine performance elements as part of the Performance Based Review Process described in Article This analysis is summarized in Section B below. Finally, there are specific engineering standards that must be met, which are summarized in Section C below. A. Conformance with Standards for Rezoning Criteria The proposed rezoning promotes the health, safety or welfare of the inhabitants of the City of Lakewood and the purposes of the Ordinance. The proposed rezoning application will enhance the Wadsworth Boulevard and West 26 th Avenue corridors, while minimizing the impact on the residential uses to the east. A detached sidewalk along Wadsworth Boulevard will increase pedestrian safety. The pedestrian plaza adjacent to the Wadsworth Boulevard and West 26 th Avenue frontages will provide for pedestrian activity. Further, the applicant has cleaned up the site by removing an accessory structure and boarding up and removing graffiti from two vacant residential structures. The conceptual site plan adheres to City standards and ensures that the rezoning promotes the health, safety and welfare of the City. 2. The proposal, as evidenced by the Conceptual Site Plan, is compatible with surrounding uses, or in the case of redevelopment that the proposal is an improvement to the area. The proposed zoning enhances the entry into the City of Lakewood along Wadsworth Boulevard by bringing the proposed structure to the Wadsworth Boulevard and West 26 th Avenue intersection. The principal structure will be oriented toward the Wadsworth and West 26 th Avenue intersection and a City of Lakewood entry sign will be allowed. The setback of the principal structure from the eastern property line is approximately 135 feet. The eastern property line will have one-story garages that are consistent with

8 Page 8 of 13 height and scale of other structures allowed in the neighboring residential zone district. The Edgewater Neighborhood Plan describes the subject property and regional detention pond facility to the south as having potential for community recreational uses. The applicant will be providing seating opportunities along the borders of the site, including the southern property line. Plaza area and sidewalks will provide for pedestrian activity. 3. The proposal as evidenced by the Conceptual Site Plan enhances significant natural characteristics of the site by preservation or incorporating the features into the development s open space. The proposal will provide an enhanced landscaped area along the southern property line with seating areas for views across the regional detention pond facility. Landscaping along the street frontages will also be enhanced and a plaza along Wadsworth Boulevard is proposed. There will be a landscaped swale along the east property line to prevent runoff from entering the properties to the east. Further, the landscape, as evidenced on the conceptual site plan, will provide for pedestrian interest and will enhance the character of the immediate area. 4. The proposal as evidenced by the Conceptual Site Plan and/or Official Development Plan shall comply with the Performance-Based Review Process contained in Article 7 of the Zoning Code. The applicant held two meetings with the neighborhood and registered neighborhood organizations. The neighborhood stakeholders had concerns with a potential trail around the regional detention pond facility, traffic, parking, proposed retail uses, and height and location of the principal structure. The applicant proposal changed from the first neighborhood meeting by: 1. Determining not to provide the trail around the regional detention pond, 2. Limiting uses for small business and retail uses so that they support the neighborhood, 3. Providing parking to meet the needs of the proposed uses, 4. Stepping the proposed structure with the topography which keeps the structure at 4-stories and decreases impacts to the residents along the eastern property line, and 5. Bringing the building to the Wadsworth Boulevard frontage to increase interest at the intersection. See Section B below for further analysis of the proposal s compliance with the Performance Based Review Process.

9 Page 9 of At least one of the following factors must exist: The zoning ordinance requires that one of the following three factors must exist. i. The proposal is consistent with the goals of the Comprehensive Plan. Lakewood Comprehensive Plan The proposed rezoning request meets the goals of the Lakewood Comprehensive Plan in that the residential use of the existing structure will interact well with the context of the area, utilize existing infrastructure and public services, encourage aesthetic considerations, and provide for the preservation of existing housing stock. The proposed rezoning also supports Lakewood Comprehensive Plan goals relating to Residential, Neighborhoods, and Urban Centers. The proposal helps advance the goals of the Comprehensive Plan by: Encouraging neighborhood participation in maintaining and improving the quality, appearance and condition of properties. Promoting uses that interact well with the character of adjoining neighborhoods. Plan, build and maintain Lakewood streets, bikeways and pedestrian pathways as attractive, accessible, safe public spaces and encourage connections with and usage of public mass transit systems. Promote the development of sustainable communities and activity centers where shopping, jobs, recreation and schools are accessible by multiple modes of transportation, thereby creating opportunities for people to live where they work. Promote infill development that interacts well with the character of adjoining neighborhoods. Promote compact land use patterns and the development of mixed-use centers. Develop arterial corridors that promote concentrating commercial uses in appropriate centers. Discourage the development of commercial areas in single story strip development configurations. Encourage projects that incorporate a mix of uses, pedestrian orientation, and access to mass transit. Aggregate land parcels for redevelopment where appropriate. Continue the ongoing revitalization of major commercial corridors as major economic and social links in the community. Promote an integrated land use and transportation system. Support mixeduse, pedestrian-oriented development. Promote a safe multi-modal transportation system.

10 Page 10 of 13 North Wadsworth Boulevard Corridor Plan The North Wadsworth Boulevard Corridor Plan was adopted in The plan s vision statement states, The character along the Corridor will vary and will include an integrated mix of attractive buildings and land uses. Residents will have the opportunity to live in well-established, buffered neighborhoods near the Corridor, or in lively, mixed-use pedestrian and transit-oriented communities directly on the Corridor. The proposal is consistent with the North Wadsworth Boulevard Corridor Plan in that it promotes a mix of uses that allow for work, living, and retail. The proposal locates the building along Wadsworth and the Wadsworth and West 26 th Avenue intersection by engaging the streetscape with plaza area and providing for pedestrian interest and activity. The proposal also improves pedestrian and bike conditions along the corridor by including a detached sidewalk along Wadsworth Boulevard. ii. There has been a material change in the character of the neighborhood or in the City generally such that the proposed rezoning would be in the public interest and consistent with the change. Not applicable. iii. The property was rezoned in error. Not applicable. B. Conformance with Performance-Based Review Criteria in Section In addition to the criteria for rezoning proposals outlined in the Lakewood Zoning Ordinance, proposals are also reviewed for conformance with the items listed below. The proposal is in conformance with the Performance-Based Review Process. The applicant has demonstrated the spirit of the Performance-Based Review Process by holding two neighborhood meetings, and speaking with the local neighborhood associations. In addition, the proposed rezoning was evaluated with the specific performance elements listed in Section of the Zoning Ordinance. They are listed below in bold text, with staff s evaluation following each. Element 1: Regional Context The site is the northern gateway of Lakewood at Wadsworth Boulevard. The proposed rezoning helps to advance the goals of the North Wadsworth Boulevard Corridor Plan by allowing for the development of an attractive building near the intersection of Wadsworth Boulevard and West 26 th Avenue for a mixed-use pedestrian friendly building and site. This mixed-use building will provide on-site residents and area residents with small business and retail uses that support the neighborhood.

11 Page 11 of 13 Element 2: Conformance with the Comprehensive Plan See staff s analysis is Section 5(i) of the Analysis above. Element 3: Environmental Sustainability Water quality measures will be addressed with the proposal. Element 4: Infrastructure Adequate public services and infrastructure are available or will be provided with the development. Element 5: Transportation Connections The proposed development of this site promotes a safe multi-modal transportation system and encourages pedestrian and public modes of transportation. If the rezoning request is approved, the site will be developed with walkable pedestrian paths and a new 8-foot wide sidewalk along Wadsworth Boulevard. The bus stop along West 26 th Avenue will remain and additional seating along this roadway will be provided. Element 6: Building Design and Function The proposed rezoning supports a high-quality building design through the architectural standards proposed in the Official Development Plan (ODP) and the City s design standards. These design standards support 360-degree architectural detailing and the use of high quality materials. Element 7: Site Design and Function The proposed rezoning brings the principal building to the Wadsworth Boulevard and West 26 th Avenue intersection and provides for high quality design and landscaping. The building is setback from the eastern property line to lessen the impacts on the existing residential neighborhood. The development interacts well with the adjoining neighborhood to the east in that landscaping and one-story garages line this property line with a significant setback to the principal structure. The massing and orientation of the building limits the width of the structure at the eastern end of the building. The uses within the building are compatible with the residential use to the east. Element 8: Community Image and Identity The proposed rezoning strengthens Lakewood s image and identity with emphasis on quality design and a mix of residential, retail and small businesses at one of Lakewood s busiest northern gateways at the intersection of Wadsworth Boulevard and West 26 th Avenue. Also, an entry feature/sign for Lakewood has been included as part of the allowed signage within the ODP for the intersection of Wadsworth Boulevard and West 26 th Avenue. Element 9: Community Sustainability The proposed rezoning encourages development that meets the current needs of the community through providing independent senior living with supporting retail, and incubator units for small businesses. This will provide for seniors with living and retail opportunities on-site and will limit the need to leave. It will also support small businesses

12 Page 12 of 13 by allowing smaller spaces necessary for startup businesses. C. Engineering Analysis. With this rezoning application, the applicant was required to submit a Preliminary Drainage Report, Preliminary Street Construction Plans, and Traffic Study. These plans have been reviewed by the City s Engineering Division and are approvable. VII. FINDINGS OF FACT AND ORDER Based upon the information and materials provided by the applicant, the neighborhood, and this staff report, staff supports the rezoning request. Therefore, the City of Lakewood staff recommends that the Planning Commission find that: A. J. Marc Hendricks of Hendricks Communities, LLC, Applicant, is proposing to rezone from Planned Development (PD) as regulated by the Lakewood Gateway ODP to a new PD, for a mix of residential, retail and small business uses; and B. This site conforms to the proposed PD zone district development standards, as evidenced on the Conceptual Site Plan of the property at 7400 W. 26 th Ave.; and C. Notice of the Public Hearing was provided in a timely manner to the fee owners of property and residents within 500 feet and registered neighborhood organizations within 1,000 feet as required by the Lakewood Zoning Ordinance; and D. Notice was published in full in an official newspaper in the City at least six days prior to the hearing; and E. The request was reviewed by the appropriate referral agencies; and As required by Section STANDARDS FOR ZONING AND REZONING the Planning Commission finds that: F. The proposed rezoning promotes the health, safety or welfare of the inhabitants of the City of Lakewood and the purposes of the Ordinance; and G. The proposal as evidenced by the Conceptual Site Plan, is compatible with surrounding uses, or in the case of redevelopment that the proposal is an improvement to the area; and H. The proposal incorporates significant on-site natural characteristics to be enhanced or preserved, as demonstrated by the proposed rezoning; and I. The proposal, as evidenced by the Conceptual Site Plan complies with the Performance- Based Review Process contained in Article 7 of the Zoning Code; and J. The proposal is consistent with the goals of the Comprehensive Plan; AND The Planning Commission adopts the findings of fact and order, A through J, as presented in the staff report and recommends that the City Council APPROVE Rezoning with the following conditions: i. The signed Lakewood Gateway Official Development Plan shall be recorded and its associated fees shall be collected.

13 Page 13 of 13 ii. Minor modifications to the ODP determined to be insignificant in nature by the Planning Director and in substantial compliance with the intent of the ODP may be reviewed and approved administratively prior to the ODP recordation. cc: Case File- RZ J. Marc Hendricks, Applicant

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