|
|
|
 |
ORDINANCE: Ordinance O-2002-5
SUBJECT: Rezoning Case No. RZ-01-006
Approval of a Site Specific Development Plan in conjunction with rezoning case
number RZ-01-006.
ADDRESS: 7200 West Alameda Avenue, 6900/6960 West Alameda Avenue, 345/355 South Pierce Street & 398 South Reed Street
RECOMMENDATION: Staff recommends approval of this request. Planning Commission, by a vote of 7-0 at the December 19, 2001 meeting, recommends APPROVAL of this request by the City Council subject to the Findings of Fact and Conclusions as shown in the attached Resolution of the City of Lakewood Planning Commission.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Lakewood Zoning Ordinance provides in Article 17-18 the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, creating a vested property right through the approval of a Site Specific Development Plan. The Site Specific Development Plan must be submitted in conjunction with a rezoning application and is intended to define the allowed use(s) of the properties. Such an application was submitted in conjunction with rezoning application RZ-01-006 and describes the proposed Belmar development. Approval of a Site Specific Development Plan vests a property right for a period of three (3) years, unless the City Council enters into a Development Agreement with the property owner at the time of approval to extend the vesting of property rights period. Such an agreement is attached to this Request for Council Action for your review and approval. This agreement extends the vested property rights for the same period in which the City will waive 1% of the sales tax pursuant to the public financing agreement approved by City Council in December 2001.
Since the Planning Commission public hearing on December 19, 2001, the Lakewood Reinvestment Authority has obtained possession of the two out-parcels previously not under either City or Continuum Partner's control. A possession agreement has been signed giving the LRA the authority to sign the Development Agreement on behalf of those property owners. As such, the requested approval of the Site Specific Development Plan in conjunction with RZ-01-006 is ready for City Council action.
DATE OF FIRST READING: January 28, 2002
DATE OF SECOND READING: February 11, 2002
ORIGINATED BY: Susan M. Piercy, Project Manager
STAFF PERSON RESPONSIBLE: Vincent Harris, Manager of Development Review, 303-987-7516
Susan M. Piercy, Project Manager, 303-987-7512
DOCUMENTS ATTACHED:
Ordinance O-2002-5
Development Agreement
Planning Commission Staff Report
Planning Commission Resolution from December 19, 2001 meeting
Minutes of the Planning Commission meeting of December 19, 2001
SUBMITTED BY:
Susan M. Piercy, Senior Planner
Vincent Harris, Manager of Development Review & Enforcement
Frank Gray, Director of Community Planning & Development
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
DEVELOPMENT AGREEMENT
FOR
THE BELMAR PROJECT
By and Between
THE CITY OF LAKEWOOD, COLORADO,
a Colorado home rule municipal corporation,
and
CONTINUUM LAKEWOOD DEVELOPMENT COMPANY, LLC
a Colorado limited liability company
Dated as of the ___ day of ___________, 200___
ARTICLE 1 DEFINITIONS AND GENERAL PROVISIONS 2
1.1 Internal References 2
1.2 Definitions 2
1.3 Other Defined Terms 4
1.4 Covenants 4
ARTICLE 2 DEVELOPMENT TERMS AND CONDITIONS; VESTED PROPERTY RIGHTS 4
2.1 Vested Property Rights Established 4
2.2 Scope of Vested Property Rights 4
2.3 Compliance with General Regulations 4
2.4 Expiration of Term 5
ARTICLE 3 REMEDIES 5
3.1 Remedies 5
3.2 Venue 5
ARTICLE 4 MISCELLANEOUS 5
4.1 Expiration 5
4.2 Amendment of Agreement 5
4.3 No Implied Waiver 5
4.4 Titles of Sections 6
4.5 No Third-Party Beneficiary 6
4.6 Applicable Law 6
4.7 Severability 6
4.8 Counterparts 6
4.9 Notice 6
4.10 Rights of Lenders and Interested Parties 7
4.11 Expenses 7
4.12 Attorney's Fees 8
4.13 Waiver 8
4.14 Jointly Drafted; Rules of Construction 8
EXHIBIT A PROPERTY 1
DEVELOPMENT AGREEMENT
FOR
THE BELMAR PROJECT
THIS DEVELOPMENT AGREEMENT FOR THE BELMAR PROJECT (as defined in Section 1.2,
this "Agreement") is made and entered into as of the __ day of ______________,
2002, by and among and CITY OF LAKEWOOD, COLORADO, a Colorado home rule municipal
corporation (as defined in Section 1.2, the "City"), and CONTINUUM
LAKEWOOD DEVELOPMENT COMPANY, LLC, a Colorado limited liability company (as
defined in Section 1.2, "Developer").
Recitals
A. Prior to the date of this Agreement, Developer and the Authority (as defined
in Section 1.2) entered into the Redevelopment Agreement (as defined in Section
1.2). The Redevelopment Agreement establishes certain mutual obligations with
respect to redevelopment of the Property (as defined in Section 1.2), the legal
description of which is set forth in Exhibit A and is incorporated herein by
this reference.
B. As contemplated by and more particularly described in the Redevelopment Agreement
and in the Redevelopment Plan (as defined in Section 1 of the Redevelopment
Agreement), the ODP (as defined in Section 1.2) establishes the Approved Uses
(as defined in Section 1.2) for the Belmar Project (as defined in Section 1.2)
and Developer has agreed to redevelop the Property as the Belmar Project in
reliance on certain commitments of the Authority and the City, including but
not limited to the Public Financing Plan (as defined in Section 1.2).
C. Development of the Belmar Project will occur in several phases, and is anticipated
to take place over an approximately fifteen (15) year period under current market
conditions. Such development will require that the Developer and/or the Districts
(as defined in Section 1.2) make substantial, up-front investments in the Improvements
(as defined in Section 1.2), including, without limitation, road and street
improvements, storm drainage facilities, potable water and sanitary sewer lines,
and certain other municipal facilities as described in the ODP and in the Redevelopment
Agreement. Developer has created the Districts pursuant to the terms and conditions
of the Redevelopment Agreement and in reliance on the Public Financing Plan.
The purposes of the Districts include financing, maintenance, ownership and
development of all or portions of the Improvements (including those for which
Developer is or may become obligated under the terms and conditions of the ODP
or the Redevelopment Agreement). Such investments can be supported only if Developer
receives assurance that development of the Belmar Project will be allowed to
proceed to ultimate completion as provided in the ODP, the Redevelopment Agreement
and in this Agreement.
D. Development of the Belmar Project in accordance with the terms and conditions
of the ODP, the Redevelopment Agreement and this Agreement will help to achieve
important public policy and economic development goals of the City and the Authority.
It is anticipated to provide for orderly and well planned growth, promote economic
development and stability within the City, ensure reasonable certainty, stability
and fairness in the land use planning process, secure the reasonable investment-backed
expectations of Developer and the Authority, and foster cooperation between
the public and private sectors. In exchange for these public benefits and the
other benefits to the City and the Authority contemplated by this Agreement,
together with the public benefits served by the orderly and well planned development
of the Belmar Project, Developer desires to receive, and the City desires to
provide, assurance pursuant to the Vested Property Rights Statue and the Vested
Property Rights Regulations that development of the Belmar Project may proceed
pursuant to the terms and conditions of the ODP, the Redevelopment Agreement
and this Agreement.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, and other valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the City and Developer agree as follows:
ARTICLE 1
DEFINITIONS AND GENERAL PROVISIONS
1.1 Internal References. Unless otherwise stated, references in this Agreement
to Articles, Sections or Exhibits are to this Agreement.
1.2 Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
1.2.1 "Agreement" means this Development Agreement for the Belmar
Project, as such instrument may be amended, restated or supplemented in writing
as provided herein.
1.2.2 "Approved Uses" means those land use entitlements, improvements
and uses thereof which are approved under the ODP, as amended in accordance
with the terms and conditions of the ODP, and which comprise the Belmar Project,
including but not limited to (i) the procedures for obtaining future subdivision,
site plan and building permit approvals, and the other terms and conditions
for development of the Belmar Project set forth in the ODP; and (ii) the entitlement
to construct and develop in accordance with the terms and conditions of the
ODP (A) 900,000 square feet of office, hotel and institutional uses, (B) 1,200,000
square feet of retail, restaurant, recreation and entertainment uses, and (C)
1,300 residential dwelling units.
1.2.3 "Authority" means the Lakewood Reinvestment Authority, a body
corporate organized and existing under the laws of the State of Colorado, together
with any successors thereto.
1.2.4 "Belmar Project" has the meaning set forth in Section 1 of the
Redevelopment Agreement.
1.2.5 "City" means the City of Lakewood, Colorado, a home rule municipal
corporation organized under Article XX of the Constitution of the State of Colorado
and the municipal Charter.
1.2.6 "Default" or "Event of Default" means any zoning,
subdivision, growth limitation, development permit pacing or similar land use
or other action or inaction, direct, indirect or pursuant to an initiated or
referred measure, taken by the City or its citizens without Developer's consent,
that alters, impairs, prevents, diminishes, imposes a moratorium on development,
delays or otherwise materially and adversely affects any development, use or
other rights of Developer under Article 2 of this Agreement.
1.2.7 "Developer" means Continuum Lakewood Development Company, LLC,
a Colorado limited liability company, and, except as this Agreement expressly
states otherwise, any of its successors and/or assigns.
1.2.8 "Districts" means, collectively, the Plaza Metropolitan District
No. 1, a quasi-municipal corporation and political subdivision of the State
of Colorado, the Plaza Metropolitan District No. 2, a quasi-municipal corporation
and political subdivision of the State of Colorado, and the Plaza Metropolitan
District No. 3, a quasi-municipal corporation and political subdivision of the
State of Colorado.
1.2.9 "Effective Date" means the date first set forth above.
1.2.10 "Improvements" has the meaning set forth in Section 1 of the
Redevelopment Agreement.
1.2.11 "Municipal Code" means the Lakewood Municipal Code and home
rule Charter, as amended.
1.2.12 "ODP" means that certain Villa Italia ODP Modification No.
3 Official Development Plan approved by City Council on February 11, 2002, pursuant
to Ordinance ______, together with any and all approved amendments thereto,
which constitutes the Site Plan as that term is defined in Section 1 of the
Redevelopment Agreement.
1.2.13 "Property" means the real property described in Exhibit A.
1.2.14 "Public Financing Amendment" means that certain Public Financing
Amendment to Redevelopment Agreement dated as of December 31, 2001, which implements
and is incorporated within the Public Financing Plan.
1.2.15 "Public Financing Plan" has the meaning set forth in Section
1 of the Redevelopment Agreement, as implemented and modified by the Public
Financing Amendment.
1.2.16 "Redevelopment Agreement" means that certain Redevelopment
Agreement dated as of July 9, 2001, by and between the Authority and Developer,
as amended by the Public Financing Amendment, and as subsequently amended in
the required manner.
1.2.17 "Term" means the period of time commencing on the Effective
Date and continuing through the later of (i) the Waiver Termination Date (as
defined in the Public Financing Amendment), or (ii) the fifteenth (15th) anniversary
of the Effective Date.
1.2.18 "Vested Property Rights Regulations" means Article 18 of the
Lakewood Zoning Ordinance.
1.2.19 "Vested Property Rights Statute" means Article 68 of Title
24, C.R.S., as in effect on the Effective Date.
1.3 Other Defined Terms. Any capitalized terms that are used but not defined
in this Agreement will have the meanings set forth in the Redevelopment Agreement
for such terms.
1.4 Covenants. The provisions of this Agreement constitute covenants or servitudes
which touch, attach to and run with the land comprising the Property. The burdens
and benefits of this Agreement will bind and inure to the benefit of the Property
and of all estates and interests in the Property and all successors in interest
to the parties to this Agreement, except as otherwise provided in Section 4.2
below.
ARTICLE 2
DEVELOPMENT TERMS AND CONDITIONS; VESTED PROPERTY RIGHTS
2.1 Vested Property Rights Established. The ODP, as supplemented by the Redevelopment
Agreement and this Agreement, constitutes an approved "site-specific development
plan" as defined in the Vested Property Rights Statute and the Vested Property
Rights Regulations. In consideration of the benefit to the City of the economic
development, the generation and retention of employment and businesses, the
extensive public improvements, and other significant public benefits to be provided
by or realized through development of the Belmar Project, the City hereby grants
vested property rights for development of the Belmar Project during the Term
in accordance with the Vested Property Rights Statute and the Vested Property
Rights Regulations.
2.2 Scope of Vested Property Rights. During the Term, Developer will have vested
property rights pursuant to the Vested Property Rights Statute and the Vested
Property Rights Regulations to develop the Belmar Project subject to and upon
compliance with the procedures, terms, conditions and limitations set forth
in the ODP. The statutory vested property rights of Developer include, by way
of illustration and not limitation, the rights to: (i) develop the Belmar Project
and otherwise plan and engage in land uses within the Property, including the
Approved Uses, in the order, at the rate and at the time as market conditions
dictate, in compliance with the ODP, the Redevelopment Agreement and this Agreement;
(ii) apply for and receive grading permits, building permits, certificates of
occupancy, and other permits necessary for development, construction and occupancy
of the Belmar Project; and (iii) commence and complete development of the Belmar
Project without impairment of Developer's rights under the ODP or this Agreement.
2.3 Compliance with General Regulations. Subject to the terms, conditions and
limitations of the Vested Property Rights Statute, and except as otherwise provided
in the ODP and/or this Agreement, the establishment of statutory vested property
rights pursuant to the ODP and this Agreement will not preclude the application
on a uniform and non-discriminatory basis of City regulations of general applicability
(including, but not limited to, building, fire, plumbing, electrical and mechanical
codes, the Municipal Code, and other City rules and regulations) or the application
of state or federal regulations, as all of such regulations exist on the Effective
Date or may be enacted or amended after the Effective Date. Developer does not
waive its right to oppose the enactment or amendment of any such regulations.
2.4 Expiration of Term. After expiration of the Term, the Property will continue
to be subject to the Municipal Code for so long as it is located within the
municipal boundaries of City, and the statutory vested property rights established
by this Agreement will be deemed terminated and of no further force or effect;
provided, however, that such termination will not affect any common-law vested
rights obtained prior to such termination, or any right, whether characterized
as vested or otherwise, arising from the Redevelopment Agreement, this Agreement,
the ODP, or from City permits, approvals or other entitlements for the Property
or the Belmar Project which were granted or approved prior to, subsequent to,
concurrently or in conjunction with the approval of this Agreement.
ARTICLE 3
REMEDIES
3.1 Remedies. Because this Agreement extends the period of vesting for more
than three years, as provided in the Vested Property Rights Statute, in the
event of a Default by the City of its obligations under this Agreement, in addition
to any remedy otherwise available at law or in equity, Developer will be entitled
to recover from the City any damages and/or compensation that would have been
specifically available to Developer pursuant the Vested Property Rights Statute
in effect on the Effective Date. Developer's remedies under this Agreement are
cumulative and in addition to any other remedy existing at law, in equity or
by statute.
3.2 Venue. Venue for any action to enforce or interpret the terms of this Agreement
will be in District Court of Jefferson County, Colorado.
ARTICLE 4
MISCELLANEOUS
4.1 Expiration. This Agreement will expire upon expiration of the Term.
4.2 Amendment of Agreement. Except as otherwise set forth in this Agreement,
neither this Agreement nor the ODP may be amended or terminated except by mutual
consent in writing of the City and Developer following the public notice and
public hearing procedures required for approval of the ODP or this Agreement,
as applicable. For the purposes of any amendment to this Agreement, "Developer"
will mean only Continuum Lakewood Development Company, LLC and those successor
owners of the Property, if any, to whom Continuum Lakewood Development Company,
LLC has specifically granted, in writing, the power to enter into such amendment.
4.3 No Implied Waiver. No provision of this Agreement will be construed as an
implied waiver by Developer of its right to any payment, reimbursement, tax
or fee waiver, or reimbursement to which it is otherwise entitled by law or
pursuant to the Redevelopment Agreement, or as an implied waiver or acquiescence
in the impairment of any of its substantive or procedural rights under the Local
Government Land Use Control Enabling Act of 1974, §§ 29-20-101, et
seq., C.R.S. (2001), as amended, or as an implied agreement by Developer to
be responsible for more than its proportionate share of any regional public
infrastructure improvements or to be responsible for the costs of improvements
that are not roughly proportional to the direct impacts of the development of
the Belmar Project.
4.4 Titles of Sections. Any titles of the several parts and sections of this
Agreement are inserted for convenience or reference only and will be disregarded
in construing or interpreting any of its provisions.
4.5 No Third-Party Beneficiary. No third?party beneficiary rights are created
in favor of any person not a party to this Agreement. Enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such
enforcement, are strictly reserved to the parties hereto and to their respective
successors and assigns. Nothing contained in this Agreement will give or allow
any claim or right of action by any other or third person under this Agreement.
4.6 Applicable Law. The laws of the State of Colorado will govern the interpretation
and enforcement of this Agreement.
4.7 Counterparts. This Agreement may be executed in counterparts each of which
will constitute one and the same instrument.
4.8 Notice. A notice, demand, or other communication under this Agreement by
any party to the other will be in writing and will be sufficiently given if
delivered in person, by prepaid overnight express mail or reputable overnight
courier service, or if it is transmitted by facsimile and confirmed by transmission
log records; and
(a) In the case of the Developer, is addressed to or delivered as follows:
Continuum Lakewood Development Company, LLC
1610 Fifteenth Street
Denver, Colorado 80202
Attention: Tom Gougeon, Daniel M. Minzer
Facsimile: (303) 573-0011
Telephone: (303) 573-0500
with a required copy to:
Munsey L. Ayers, Esq.
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 Seventeenth Street, Suite 1600
Denver, CO 80202
Facsimile: (303) 825?6525
Telephone: (303) 575-7555
(b) In the case of the City, is addressed to or delivered as follows:
City of Lakewood
480 South Allison Parkway
Lakewood, CO 80227
Attention: City Manager
Facsimile: (303) 987-7063
Telephone: (303) 987-7050
with a copy to:
Gorsuch Kirgis, LLC
Tower I, #1000
1515 Arapahoe Street
Denver, CO 80202
Attention: Malcolm Murray, Esq.
Facsimile: (303) 376-5001
Telephone: (303) 376-5000
or to such other address with respect to any such party as that party may, from
time to time, designate in writing and forward to the other as provided in this
section. Notices will be deemed given upon receipt.
4.9 Rights of Lenders and Interested Parties. Financing for acquisition, development
and/or construction of the Improvements may be provided, in whole or in part,
from time to time, by one or more third parties, including, without limitation,
lenders, major tenants and purchasers or developers of portions of the Property.
The City will recognize the rights of such interested parties and will otherwise
permit such interested parties to assume all of the rights and obligations of
Developer under this Agreement. The City will, at any time upon reasonable request
by Developer, provide to any interested party an estoppel certificate or other
document evidencing that this Agreement is in full force and effect. Upon request
by an interested party, the City will enter into a separate assumption or similar
agreement with such interested party, consistent with the provisions of this
Section 4.10.
4.10 Expenses. Except as otherwise provided in this Agreement, Developer and
the City will each bear their respective costs and expenses associated with
entering into, implementing and enforcing the terms of this Agreement.
4.11 Attorneys' Fees. If any action is filed or maintained by the City or the
Developer in relation to this Agreement, the substantially prevailing party
will be awarded its reasonable costs and attorney's fees, which rights will
survive any termination or expiration of this Agreement.
4.12 Waiver. No waiver of one or more of the terms of this Agreement will constitute
a waiver of other terms. No waiver of any provision of this Agreement in any
instance will constitute a waiver of such provision in other instances.
4.13 Jointly Drafted; Rules of Construction. The parties hereto agree that this
Agreement was jointly drafted, and, therefore, waive the application of any
law, regulation, holding, or rule of construction providing that ambiguities
in an agreement or other document will be construed against the party drafting
such agreement or document.
[Signature Pages Follow]
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to
be duly executed as of the day first above written.
THE CITY:
CITY OF LAKEWOOD, COLORADO, a Colorado home rule municipal corporation
By:
Name:
Title:
ATTEST: APPROVED AS TO FORM:
By: By:
Title: Title: City Attorney
DEVELOPER:
CONTINUUM LAKEWOOD DEVELOPMENT COMPANY, LLC, a Colorado limited liability company
By:
Name: Mark G. Falcone
Title: Manager
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ______ day of ________________,
2002, by _____________________, as _________________, and __________________,
as Secretary of the City of Lakewood, a Colorado home rule municipal corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ___________,
2002, by Mark G. Falcone as Manager of Continuum Lakewood Development Company,
LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT A
Property
STAFF REPORT
TO: Lakewood Planning Commission
THRU: Vince Harris, Manager of Development Review and Code Enforcement
FROM: Susan Piercy, Senior Planner and Project Manager
DATE: December 13, 2001
PC Date: December 19, 2001
SUBJECT: Rezoning Case No. RZ-01-006
7200 West Alameda Avenue, 6900/6960West Alameda Avenue, 345/355 South Pierce
Street & 398 South Reed Street
APPLICANT: City of Lakewood
REQUEST: Approval to rezone approximately 105 acres of property located in the southeast corner of West Alameda Avenue and South Wadsworth Boulevard. Properties in this application are currently zoned Planned Development (PD -Villa Italia Planned Development), 2-C (Neighborhood Commercial), and OF (Office). The proposed rezoning is to Planned Development (PD - Villa Italia Modification #1) to allow for the redevelopment of the area to include 1,200,000 square feet of retail and entertainment uses, 900,000 square feet of office uses, a hotel and 1300 residential units. Please see the attached vicinity map for an illustration of the location of this project.
The City and the developer, Continuum Partners, LLC are also requesting the approval of a Site Specific Development Plan in conjunction with the rezoning request in order to provide for the vesting of property rights in accordance with Article 18 of the Lakewood Zoning Ordinance.
HISTORY / BACKGROUND
The property is located at the southeast corner of South Wadsworth Boulevard and West Alameda Avenue and extends as far east as South Pierce Street and as far south as West Center Avenue. The project is more commonly known as the Villa Italia Mall redevelopment or the Belmar Project.
Villa Italia Mall first opened its doors in the spring of 1966 and was nationally recognized as a pioneering facility in the era of department store-anchored malls. Over the years, Villa has been modified and expanded. For much of its life, it has been a major economic contributor and important social center for the Lakewood community.
Unfortunately, Villa has declined for most of the last decade. This decline can be attributed to several factors, one of which involves the complicated ownership of the properties, buildings and the ground leases. Many businesses within the mall itself have relocated to other retail projects that provided better opportunity and the Villa storefronts have remained vacant. After several anchor stores, such as Dillards and Montgomery Ward closed their doors, it became increasingly evident that a different approach is needed to breathe life back into what is considered by many to be the heart of Lakewood. Continuum Partners, LLC purchased the underlying land in 1999 and has since been working with the City on a redevelopment plan for this site and several adjacent properties. On July 15, 2001 the main mall, aside from the Foley's Department Store ceased operation.
The City has recognized the need for change for several years now. In February of 2000, the Mayor initiated the Villa Advisory Committee, which was comprised of a group of interested citizens that met to discuss the focus of the future redevelopment of the Villa Italia Mall. Continuum Partners has been working for more than a year with the members of the Villa Advisory Committee. The Advisory Committee has endorsed the concept of redeveloping the site as a mixed use district that combines office, retail, entertainment, housing and community uses. The Advisory Committee has also endorsed the notion of making the area a pedestrian-oriented district, emphasizing a street grid, important public spaces and mixed use buildings and subdistricts.
The area is also part of the West Alameda Avenue Corridor Urban Redevelopment Area. The West Alameda Avenue Corridor Urban Redevelopment Area is located in central Lakewood. The area is generally bounded by Allison Parkway on the west, Bayaud Street on the north, Sheridan Boulevard on the east and Mississippi, Virginia and Center Avenues on the south. The West Alameda Avenue Corridor Urban Redevelopment Plan was adopted in May 1998. Phase I includes all of the commercially zoned properties fronting on Alameda Avenue between Allison Parkway and Sheridan Boulevard with the exception of the former Villa Italia Shopping Center. In September 2000, the Redevelopment Plan was amended by the City Council and the Lakewood Reinvestment Authority (LRA) to include the Villa Italia Mall as Phase II. More discussion of the Redevelopment Plan is provided further on in this report.
Please note that before the proposed Official Development Plan (ODP) and Site Specific Development Plan can be formally approved, all landowners must approve it and be signatory to the ODP document. There are two properties in the northeast corner of the site that are not under either Continuum or LRA control at this time. Once those properties are secured, the applications for both the proposed rezoning and the Site Specific Development Plan will be transferred to Continuum Partners, LLC, the ODP can be signed and the document can then be forwarded to the Lakewood City Council for final action.
SURROUNDING ZONING AND LAND USES
The surrounding land uses include: commercial and office uses to the north,
commercial and residential to the west, residential and commercial property
to the east and residential development to the south.
SURROUNDING ZONING SURROUNDING LAND USE
NORTH PD (Villa Norte Commercial PD) Retail Commercial & Office
3-C (Community Commercial) Retail Commercial Development
2-C (Neighborhood Commercial) Professional Dental Office
SOUTH 4-C (Regional Commercial) Bank, Vacant Land
PD (Wadsworth Villa PD) Multifamily Residential
WEST PD (Lakewood City Commons PD) Retail, Government Office, Residential
EAST OF (Office) Vacant. Office
PD (San Rafael Retirement Comm.) Assisted Living Facility
2-R (Low Density Residential) Single Family Homes
OUTSIDE AGENCY REVIEW
Consolidated Mutual Water Co.
Alameda Water and Sanitation District
Bancroft Clover Water and Sanitation District*
Xcel Energy*
AT&T Cable*
Qwest*
West Metro Fire Protection District
Jefferson County R-1 School District*
Alameda Gateway Association*
Urban Drainage and Flood Control District
Colorado Department of Transportation*
* No reply received as of January 25, 2002
ANALYSIS OF ISSUES
1. West Alameda Avenue Corridor Urban Redevelopment Plan
Lakewood residents approved the formation of the Lakewood Reinvestment Authority (LRA) in November 1997. The fundamental mission of the LRA is to encourage private reinvestment within targeted areas of Lakewood and to enhance the City's ability to preserve and restore the vitality of the community.
The West Alameda Avenue Corridor Urban Redevelopment Plan was adopted in May 1998. Phase I includes all of the commercially zoned properties fronting on Alameda Avenue between Allison Parkway and Sheridan Boulevard with the exception of the former Villa Italia Shopping Center. In September 2000, the Redevelopment Plan was amended by the City Council and the Lakewood Reinvestment Authority to include the Villa Italia Mall as Phase II.
The Redevelopment Area is bordered by established single-family and multi-family residential neighborhoods and existing commercial development. The neighborhoods date back to the early 20th century. The commercial structures within the area were primarily built within the last 40 years. West Alameda Avenue is one of the most significant streets in Lakewood, due to its high visibility, function as a City entryway, and as a gateway to the Lakewood Civic Center complex and the former Villa Italia regional shopping center. Originally intended to become one of the major parkway boulevards in the Denver metropolitan area, Alameda now primarily serves as a transportation, business and residential corridor. A wide variety of commercial activity has developed along Alameda Avenue over the years. The majority is neighborhood oriented and/or related to the vehicular traffic on Alameda.
The most significant commercial development in the Area was the former Villa Italia Shopping Center. Originally constructed in 1966 as an open-air regional shopping center with four class-A department stores and other smaller shops, the mall was later expanded and enclosed. Over time, sales declined. In 1996 Villa Italia owners proposed a $50 million renovation, expansion and re-marketing of the center. This plan was withdrawn when two of the major anchors refused to sign long-term commitments to the center.
The Villa Italia Mall has historically had a divided scheme of ownership. For
many years, the underlying ground was owned by the Bonfils-Stanton Foundation.
Equitable Life Assurance Company held a ground lease (the "Ground Lease")
and operated the mall. All buildings and improvements were built through subleases
granted by the holder of the Ground Lease. Continuum Lakewood Realty Co. LLC
purchased the underlying land from the Bonfils-Stanton Foundation in 1999.
In August 2000, the City of Lakewood approved the West Alameda Avenue Corridor
Urban Redevelopment Plan, Phase I and Phase II Areas ("Redevelopment Plan").
This is the urban renewal plan for the Villa Italia property. The Redevelopment
Plan calls for mixed-use redevelopment of the Villa Italia site as an anchor
and focal point for the entire West Alameda Avenue Corridor Urban Redevelopment
Area. The mall is to be demolished and a grid street pattern introduced to create
strong vehicular and pedestrian linkages within the project and to the surrounding
neighborhoods. The plan identifies a mixed-use redevelopment, which will include
local and regional retail, entertainment, office, lodging, residential, and
recreation components.
In March 2001, Continuum Lakewood Investment Co. LLC acquired the Ground Lease from Equitable. To insure that redevelopment would proceed expeditiously, the LRA instituted a condemnation of the Ground Lease and all subordinate interests in June 2001. The Jefferson County District Court awarded possession of the Ground Lease to the LRA on September 7, 2001. The Ground Lease expires May 1, 2028.
At this time the City of Lakewood and Continuum Partners are working together to rezone the properties to facilitate the redevelopment of the site in accordance with the goals of the Villa Advisory Committee and the Redevelopment Plan. The proposal is to rezone the land to Planned Development (PD) which can specifically identify how the property is to be redeveloped while allowing reasonable flexibility during future phases of development. The PD not only identifies what uses will be permitted on the property, it provides for a specific review and approval process for future development of the site. It is intended to assist the City and the developer with a smooth review process in the future to encourage well thought out and sustainable redevelopment of the site, while ensuring that the interests of all parties are adequately represented. Please note that there is a conceptual site plan attached to this report. This site plan is for illustrative purposes only and is not intended to be a part of the Official Development Plan (ODP) or Site Specific Development Plan. It provides an example of how the site can be developed, should the rezoning application be approved.
2. Consistency with the Comprehensive Plan:
The Lakewood Comprehensive Plan is a document that contains many goals and policies which are intended to insure that future developments are compatible with adjacent land uses and do not create any significant negative impacts. A request for rezoning should only be approved if these goals and policies are met. The following is a summary of how this proposal relates to the various applicable goals and/or policies stated in the plan.
The Comprehensive Plan in the Urban Form Section on Page 6 states as a first Goal, the desire "to promote a distinct Lakewood identity and strengthen the positive perception of the City's image". A policy by which to accomplish this goal is to "design and recognize the Lakewood Center Activity Center as the City's center that is to include concentrated civic, cultural, recreational, office and residential facilities integrated through a cohesive design. The Lakewood Center is to receive special public and governmental consideration and is to serve as the primary physical reference in developing Lakewood's image and identity". The Lakewood Center Activity Center includes all four quadrants that surround the intersection of South Wadsworth Boulevard and West Alameda Avenue and includes all properties proposed for rezoning with this application. In conjunction with the Lakewood City Commons development on the west side of South Wadsworth Boulevard, this proposed redevelopment of the site conforms to the first policy to achieve the image and identity goal. The concept of providing a new downtown or city center for Lakewood is also identified by the developer and specifically mentioned on page 7 of the ODP document. The proposed mix of retail, office, entertainment and residential uses further complements the civic and governmental uses within the Lakewood Commons area and provides a concentrated activity center where people can live, work, shop and be entertained within a downtown area.
The Comprehensive Plan also identifies within the Urban Form Section on Page10, the goal to "encourage citizen participation throughout the planning and implementation process (of all phases of the comprehensive plan process)" The policies include:
A. The continuation of the Neighborhood Referral Program
B. Encourage citizen input at all stages of the land development review
C. Assist homeowner and other citizen groups
D. Involve citizens in the formulation and review of the major plans for the
city, such as activity center design.
· The Belmar redevelopment project has been a high profile project from the very beginning. This project will have a great impact to the citizens of Lakewood as it transforms a dead regional mall into a central downtown. The neighborhood referral program has been implemented and has exceeded the minimum requirements as set forth in the Zoning Ordinance. Notification for all formal meetings has gone out to property owners within a 2- mile radius of the site and has included known licensed business owners within that area. Residential tenant notification was also provided with the notification for the Planning Commission public hearing. Over 3500 notices were mailed out for the Planning Commission public hearing.
· The developers for this site, Continuum Partners, LLC have encouraged citizen input throughout the various stages of development of this plan. Aside from the required neighborhood referral meeting, they have participated in several of the Mayor's Villa Advisory Committee meetings as well as conducting several open house forums and participating in such public events as Lakewood on Parade to solicit input from the citizens of Lakewood. They have also provided a readily accessible website that provides the opportunity for citizens to contact the developers via email with questions and concerns. The website address is www.villa-lakewood.com. The developers have also participated in numerous registered homeowner or neighborhood association meetings to go over the project in detail and address individual questions. Overall, through the public process implemented by the developer and the City as well as the Villa Advisory Committee, the Belmar project has been able to bring the public closer to the development and address as many concerns as possible.
The Comprehensive Plan addresses the need for revitalization and economic development in Section III of the General Land Use portion of the Comprehensive Plan. The Goal as stated on page 15 is "to promote economic vitality, local employment and revitalization of commercial and industrial areas." The policies of this goal are:
A. Attract low impact, clean industrial or service firms which improve employment
opportunities for Lakewood residents.
B. Designate redevelopment areas and provide incentives for redevelopment.
C. Create strategies for economic development, which consider the economic well
being of the citizens.
· The proposed zoning for the Belmar project, as outlined in the Official Development Plan (ODP) restricts the types of uses to specific areas and further limits the uses for the overall project to a mix of retail type uses, office and residential. Industrial uses are not permitted for any property located within Belmar redevelopment area. The proposed ODP is intended to attract local and regional retail and office businesses to the area, which in turn will provide additional employment and shopping alternatives for the residents of Lakewood. It is also intended to provide additional housing opportunities for Lakewood residents and develop what is considered to be the Lakewood Center Activity Area into a recognizable and vibrant downtown.
· The approved designation of the entire site as a redevelopment area clearly meets the second goal of the Comprehensive Plan.
· The third goal is met through the creation of the LRA and providing the ability to redevelop distressed areas of Lakewood, including Villa Italia and the surrounding area in particular. The redevelopment of this site will help an ailing commercial center within the City and provide the impetus for future development not only within the Lakewood Center Activity Center, but also along the entire length of the Alameda Corridor.
All rezonings within the City must be completed using the Comprehensive Plan as a guiding document. The Plan addresses zoning on page 17 of the Comprehensive Plan. The applicable criteria outlined in Policy C of the Plan states: "Approve only specific land development and rezonings that meet the following criteria":
1. Conformance with the Comprehensive Plan. If conformance cannot be shown,
the burden of proof will be on the applicant to show that substantial change
has occurred in the character of the neighborhood, since the adoption of the
Comprehensive Plan, to warrant the rezoning.
· The proposed rezoning to the PD designation is in conformance with
the Lakewood Comprehensive Plan. It is a redevelopment of the Lakewood Center
Activity Center to provide for a new Lakewood downtown. It provides for a mix
of uses to encourage redevelopment of the site for retail commercial, entertainment,
office and residential uses. It allows for special consideration by government
agencies by proposing the implementation of a slightly modified administrative
review process for individual site plans for each phase of development that
provides for a streamlined process while protecting the City's and the public's
interest in regards to impact and design.
2. Will not disrupt the integrity of an established residential neighborhood.
· The protection of the existing single family residential neighborhood to the east and the multifamily development to the south has been a major area of concern throughout the months of discussion with the developer and the area residents. As a result it has been determined that the no vehicular access will be provided from the development to South Pierce Street, which is adjacent to the eastern edge of the site. There is a location where a street connection is possible, however, based on the neighborhood's concerns with regard to cut-through traffic and the impact on their neighborhood, the connection to the east has been limited to a pedestrian connection only. The impact to the multifamily development to the south has been minimized through the proposed location of mix of residential and service commercial uses along this edge, similar to the existing multifamily development.
3. Is designed to be compatible with surrounding zoning and or uses.
· The proposed rezoning to the Planned Development classification allows for a mixed-use development that is compatible with the surrounding uses and will enhance the Lakewood Center Activity Center and provide an active downtown area for Lakewood residents. The proposed commercial, office, entertainment and residential uses will compliment the Lakewood City Commons and the commercial and civic activities that are conducted there. It will also compliment the other adjacent commercial activities and will help to encourage redevelopment of other properties along the Alameda corridor.
4. Would not be considered spot zoning.
· The proposed rezoning is not considered spot zoning in that there are a number of adjacent properties that are currently zoned for commercial and office activity as well as high density residential. Certain types of activities that are not compatible with the surrounding zoning are proposed to be excluded from the permitted uses, such as auto dealerships, manufacturing and adult businesses.
5. Makes a positive contribution to the surrounding area and the City.
· The proposed zoning will allow for a development that will make a positive contribution to the area and the City as a whole. The redevelopment of the dead mall, the introduction of a street grid system that is pedestrian friendly, the provision of public space and the proposed mix of uses which in turn promotes an active downtown area provides an opportunity to develop the property in a manner that will be a significant improvement and benefit to the Community and to the neighborhood.
Design quality is addressed within the Comprehensive Plan on page 15 and 16. The goal is: "To improve the overall design of all developments in the City." To further this goal the following policies have been established.
"Approve only that development which meets the following criteria":
1. The City's design guidelines.
· The proposed rezoning application has incorporated the existing design guidelines for development along the Alameda corridor and has referenced a complete set of project specific design guidelines that are to be separately approved and administered during all future site plan reviews within the development. The West Alameda Corridor Plan and design guidelines encourage building placement near the street and the provision of a pedestrian friendly environment and good pedestrian connectivity. The proposed ODP illustrates varied street sections and setbacks that can be utilized within the development to encourage sidewalk cafes, walking environments, access from the street to the fronts of buildings, parking behind the buildings or within parking structures and traffic calming through the use of on-street parking and landscaping techniques. The proposed streetscape improvements, building heights and setbacks for the development are intended to provide a downtown atmosphere conducive to public activity. The official "design guidelines" for the project are referenced in the ODP document and are to be approved administratively by the Director of Community Planning and Development prior to the first building permit issuance. These guidelines will be administered for all future development of the site and will encompass all aspects of development such as architecture, signage, lighting, building massing, landscaping, etc.
2. Enhances natural characteristics of the area by making positive use of the gulches, ditches, floodplains, and detention areas by incorporating them in the design of the development's open space.
· The project will enhance the areas natural characteristics by improving the existing detention pond in the southeast corner of the site. Additional detention is also proposed in the northeast corner of the site. It is the intent of the developer and the City to design these areas as open space amenities as well as detention areas. A neighborhood park is also proposed to be provided within the site, along with a public plaza and the public sidewalk and street system, all of which are designed to be used as public gathering places.
3. Avoids abrupt changes in scale and is compatible in height, scale, character and intensity with surrounding uses.
· The developer has proposed varied building height limitations depending on the specific development area. The lower building heights are along the eastern edge of the site so as to be more compatible with the existing residential development. The highest building height limitations are located within interior of the site and are typically adjacent to existing commercial development. The proposed mix of uses is compatible with the surrounding commercial and residential uses.
4. Is of high quality design."
· The developer's intent is to incorporate language in the ODP and the design guidelines to ensure high quality design and a sustainable mixed-use development. The proposed street sections, setbacks, parking, open space provision and density and height limitations in the ODP set the stage for the more detailed design guidelines that are required to be administratively approved by the Director of Community Development and Planning prior to the issuance of the first building permit for each subarea.
The Lakewood Center Framework Plan
The Lakewood Center Framework Plan was adopted in 1990 and amended in 1993 and identifies issues related to development of the 4 quadrants of the Lakewood Center around the intersection of South Wadsworth Boulevard and West Alameda Avenue. The area is designated for a "large concentration of uses, blended to provide a variety of activities". The proposed ODP further identifies that mix of uses that will promote the development of a Lakewood downtown.
West Alameda Corridor Plan
The West Alameda Corridor Plan was approved by the Lakewood City Council as an amendment to the Lakewood Comprehensive Plan in 1995. The plan is meant to compliment the Lakewood Center Framework Plan and provide direction for development along the West Alameda corridor from Sheridan Boulevard to Carr Street. The plan outlines several action steps that can be utilized to promote quality development of the area. They include emphasis on pedestrian connectivity, enhancement of public transit for the area, emphasis on quality architecture and support for redevelopment of the Lakewood Center. The emphasis on these issues is also identified in the ODP. The proposed rezoning will lead the way for development that will meet the goals of this plan and result in a project that is vital and compatible with the neighborhood. The proposal will enhance the adjacent neighborhoods by providing pedestrian connectivity to the east, vehicular connectivity to the south and provide for the introduction of the street grid system within the site. The project will provide for improvements along South Wadsworth Boulevard and West Alameda Avenue, contribute to the overall tax base of the City and provide an opportunity for new jobs for Lakewood residents.
In the Commercial Land Use section of the Comprehensive Plan, the following goal is established: "To strengthen the city's form and identity by concentrating the most intense land uses in activity centers." To further this goal the following policies have been established:
A. Prepare and implement an urban design plan for each center which may include:
· Land use
· Transportation
· Open space
· Relationships of buildings to each other, open space and parking
· Bicycle and pedestrian connections and facilities.
· Design guidelines
B. All development should demonstrate the following characteristics:
· Meets the following criteria
Retail - not less than 200,000 square feet
Office - not less that 250,000 square feet
Residential - not less than 12 units per acre
· Provision of goods and services, highest density housing, cultural
and entertainment activities and employment opportunities
· A compatible relationship with the surrounding area
· A concentrated blend of land uses providing opportunities to live,
work, shop and play
· Interaction between the uses, accomplished by location and design treatments
· Housing variety in terms of cost, type, style and unit size
· Substantial usable open space to compensate for the impacts of density
· An efficient internal circulation system that minimizes auto travel
by providing pedestrian scale and facilities
· Compact development
· Efficient use of space through vertical mixed uses, shared parking,
structured parking and aggregation of uses
· Provision of vehicular and pedestrian facilities to allow for circulation
between quadrants
· Intensity, height, and bulk which are reduced along edges of the center
where lower intensity uses exist
· Provision of short duration parking which is centrally located
· Provision of bus transfer facilities where justified
The proposed Official Development Plan identifies the permitted lands uses, transportation network, open space network, the required setbacks, building separation and building height, parking ratios, proposed bike path connection and pedestrian connections. These requirements will be further defined in the required design guidelines that must be approved administratively prior to the issuance of the first building permit.
The ODP further demonstrates the following:
· The site will allow for up to 1,200,000 square feet of retail development,
up to 900,000 square feet of office development and up to 1,300 residential
units, which equals 12.3 units to the acre for the overall development. The
residential density varies between subareas.
· The proposed mixed-use development as defined by the permitted uses
for each subarea will provide for a variety of goods and services, the highest
density housing, entertainment uses and employment opportunities.
· The proposed ODP requires a compatible relationship with the surrounding
areas. The proposed residential uses are adjacent to existing residential uses
and the more intense commercial and uses are to be located within the interior
of the site and near the existing commercial development.
· The ODP provides for a concentrated blend of commercial, office, entertainment
and residential uses. The uses that are permitted in several subareas allow
for live work units, second level residential units above first floor office
or commercial activities and a mix of entertainment uses such as movie theatres
and pedestrian plazas.
· Housing types that are permitted per the ODP vary from apartment units,
live-work units, townhome units and a residential health care facility.
· Usable open space is provided within the overall development in a variety
of forms. A public park is provided, landscaped detention facilities that are
considered open space are provided as well as public plaza areas and pedestrian
level streetscape areas with public space for eating, drinking and socializing.
· An internal street grid system is identified in the ODP to be introduced
to provide for efficient travel within the development as well as to provide
connectivity to the surrounding area. Pedestrian scale development is encouraged
through setbacks and the introduction of pedestrian scale street sections.
· Compact development areas are defined in each subarea and a vertical
mix of uses is strongly encouraged per the permitted uses listed in the ODP.
Parking structures and shared parking scenarios are also strongly encouraged.
· Circulation between quadrants is identified. Only pedestrian connection
is provided east of the site to the existing residential neighborhood. Vehicular
and pedestrian connection is provided to the north and west of the site to access
the other quadrants within the activity center and vehicular and pedestrian
connection is provided to the south of the site.
· The intensity of uses is reduced along the southern and eastern edges
to be more compatible with the adjacent single family and multifamily residential
areas. The most intense uses are proposed for the interior of the site.
· On street parking is proposed for the interior of the site and shared
parking situations are encouraged. Commercial parking structures are also permitted
uses interior to the site to further combine parking and limit duration.
· A bus transfer facility is already provided within the Lakewood City
Commons development. Discussions with RTD have indicated that the Lakewood City
Commons is the preferred location of the transfer facility, however, existing
and future routes will circulate within the Belmar site.
It is staff's position that this proposed rezoning does meet the criteria for the Lakewood Center Activity Center as well as is in conformance with other sections of the Comprehensive Plan, the Lakewood Center Framework Plan and the West Alameda Corridor Plan.
3. Site Specific Development Plan
Article 18 of the Lakewood Zoning Ordinance allows for the procedures necessary to implement the provisions of Article 68 of Title 24 of the Colorado Revised Statutes. An owner of a property who seeks to cause rights to vest may file an application for approval of a site specific development plan, submitted in conjunction with a rezoning application. An application has been submitted concurrent with the proposed rezoning to request the approval of a site-specific development plan. The materials submitted with the proposed Official Development Plan are considered to be the Site Specific Development Plan. Should the site specific development plan be approved, the property rights as outlined in the ODP will be vested for a period of three (3) years. It is possible for the property owner(s) to enter into a development agreement with the City Council to provide a vesting period to exceed the three (3) year period, depending on circumstances such as project phasing and projected market conditions.
As such, the applicant is requesting that the Planning Commission recommend that the City Council approve the Site Specific Development Plan as represented by the Official Development Plan document.
4. Zoning and Land Use:
In zoning property, the goal of the Lakewood Zoning Ordinance is "To promote
stability in zoning and appropriate development of property within the City,"
The Ordinance indicates that proposed rezonings should promote the health, safety
or welfare of the inhabitants of the City of Lakewood; promote the purposes
of the Zoning Ordinance; the proposal should be compatible with the surrounding
uses; and the proposal should enhance significant natural characteristics of
the site by preservation or incorporating these features into the development's
open space.
The applicant proposes to rezone the subject properties to Planned Development
(PD) for a mixed-use development that is intended to act as a new downtown for
the City of Lakewood. The uses that are permitted and not permitted within each
subarea are intended to provide a vibrant, sustainable, 24-hour development
where people can live, work and socialize. The area will provide employment
opportunities, residential options and the ability to comfortably walk to a
gathering place or entertainment facility. It will enhance the health, safety
and welfare of Lakewood residents while providing a much needed tax base for
the community.
The proposed zoning for this property is designed to be compatible with the adjacent land uses. The proposed residential uses are located adjacent to existing residential uses and the most intense commercial uses are located within the site and adjacent to existing commercial uses.
5. Utilities:
No adverse comments have been received from the utility agencies.
6. Layout and Access:
The project site has frontage along South Wadsworth Boulevard, West Alameda Avenue, South Pierce Street, West Virginia Avenue, South Vance Street and West Center Avenue. A new street grid system is proposed to be introduced to the site, connecting existing rights-of-way north, west and south of the site to the development. Existing traffic light locations are to be maintained. Only a pedestrian connection is proposed to South Pierce Street to protect the existing single family development to the east of the site. South Reed Street and a portion of South Vance Street that are located within the redevelopment area are to be vacated concurrent with this rezoning proposal and new rights-of-way are to be dedicated concurrent with the forthcoming subdivision review. The proposed layout is a typical downtown design, with development subareas laid out on a block system between intersections. Specific streets, such as the proposed Vance Street and Saulsbury Street are intended for greater vehicular traffic and streets such as Main Street and Alaska are designed to emphasize pedestrian movement. Alternative street sections have been identified on the ODP to provide for this separation. A bike route has also been identified through the site. Generally the residential uses are proposed for the southeast portion of the site and the more intense commercial, office and entertainment uses are proposed for the interior of the site and adjacent to existing commercial areas.
7. Engineering Studies:
A preliminary drainage report has been submitted by the developer and reviewed by the City. The Urban Drainage and Flood Control District has deemed the concepts outlined in this report satisfactory. The City has approved the report. A traffic impact study has also been reviewed by the City and is acceptable.
8. Public Improvements:
Public improvements are required with the development of this site. Improvements to South Wadsworth Boulevard, West Alameda Avenue and all of the new internal streets shall be constructed.
Pursuant to the Redevelopment Agreement already in place between the LRA and the Developer, Continuum Partners will be responsible for building all public improvements associated with this project.
9. Parkland Dedication and School Land Dedication Requirement:
Parkland Dedication is required with this development. The Lakewood Community Resources Department has determined that a portion of the parkland dedication has been satisfied with the proposed open space and public gathering places provided within the development. The remaining dedication is to be satisfied via a fee in lieu of land dedication at the time of building permit issuance for each residential development.
School land dedication is also required and will be satisfied with a fee in lieu of land dedication at the time of building permit issuance for each residential development.
10. Neighborhood Impact:
The project is compatible with the surrounding commercial uses and will improve
an area that has been determined to be in need of revitalization.
Summary of Analysis:
It is the analysis of Staff that the proposed rezoning is compatible with the surrounding zoning and land uses. The adjacent uses are commercial and residential and are compatible with this proposal. The property is within the Lakewood Center Activity Center and the proposed redevelopment is appropriate under the specific policies listed for development noted in the Lakewood Comprehensive Plan for this area. The property meets the City's requirements for land development.
PUBLIC COMMENT
An open house neighborhood meeting was conducted on June 28, 2001. A summary of that meeting and a handout regarding the project that was provided at that meeting are attached. Approximately 65 citizens attended the open house.
Concerns expressed by the citizens were in regard to drainage, noise, traffic, and the fate of the existing retail and office development adjacent to the site. Overall, the response to the proposed rezoning and redevelopment effort was positive. The issues raised by the citizens have been taken into consideration in preparation of the ODP document.
NOTIFICATION/SLIDES
Notice of the public hearing was mailed to the property owners and the property
owners within 500-feet of the proposed zoning as well as registered homeowner
associations within 1,000-feet as required by the Lakewood Zoning Ordinance.
Pictures of the site were taken and will be shown at the public hearing. Additional
notice was sent to all residents, tenants, property owners and businesses within
2000 feet of the property.
The notice also included information regarding the review of the site specific development plan and satisfied the notification requirements as set forth in Section 17-18-4 in the Lakewood Zoning Ordinance for Planning Commission review and action.
SUMMARY AND RECOMMENDATION
Based upon the existing zoning and land use pattern in the immediate area, staff supports the rezoning of the subject property and the proposed Site Specific Development Plan. Therefore, the City of Lakewood staff recommends that the Planning Commission find that:
1. Mike Rock, Lakewood City Manager, in conjunction with Continuum Partners, LLC, has submitted an application to rezone approximately 105 acres of land located at the southeast quadrant of the intersection of South Wadsworth Boulevard and West Alameda Avenue to the PD (Planned Development) zone district. An application has also been submitted to request approval of a Site Specific Development Plan for the site in conjunction with the rezoning request; and
2. Notice of the Public Hearing to the fee owners of the property and property owners within 500-feet and registered Neighborhood Organizations within 1000 feet was made as required by the zoning ordinance for both the rezoning request and the site specific development plan request; and
3. The requests were reviewed by the appropriate referral agencies and no adverse comments were received; and
4. The proposal is in conformance with the Lakewood Comprehensive Plan as outlined in the staff report; and
5. The applicant has met the requirements of the Zoning Ordinance; and
6. The proposed zoning and site specific development plan have met the requirements of the Lakewood Zoning Ordinance for notification; and
7. Public improvements will be required with development of the subject property; and
8. Parkland and school land dedication is required. A portion of the parkland dedication is satisfied with the outlined open space provision for the development and the remainder will be provided at the time of building permit issuance. School land dedication is required and will be satisfied at the time of building permit issuance; and
9. This proposed zoning meets the requirements of the Lakewood Comprehensive Plan in terms of the following:
a) Zoning this property to the PD zone district will not disrupt the integrity of an established neighborhood.
b) The zoning of this property is not being considered "spot" zoning.
c) The zoning is compatible with the surrounding development.
d) The zoning makes a positive contribution to the surrounding area and the City.
e) The zoning is in compliance with the goals of revitalization and economic development.
f) The zoning is in compliance with the Comprehensive Plan as well as applicable neighborhood plans.
9. The submitted plan satisfies the requirements of Article 18 of the zoning ordinance as it pertains to vesting of property rights.
AND
That the Planning Commission recommends that the City Council APPROVE rezoning
Case No.
RZ-01-006, subject to the following conditions:
1. That the applicant provide an error free photographic mylar prior to this
case being scheduled for City Council Review.
AND
That the Planning Commission recommend that the City Council APPROVE the site specific development plan as submitted in conjunction with rezoning case RZ-01-006.
Attachments: ODP
Conceptual site plan
Site Location Map
Summary of June 28, 2001 neighborhood open house meeting
cc: RZ-01-006
Mike Rock
Frank Gray
Becky Clark
Vince Harris
Laura Brandt
Malcolm Murray
Roger Noonan
Ross Williams
Anne Heine
Ken Hargrave
Jay Hutchison
Alan Albers
Mike Conner
Tom Gougeon, Continuum Partners LLC, 1610 15th Street, Denver, CO 80202
RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION
On December 19, 2001 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No.RZ?01-006 should be approved.
MOTION was made by COMMISSIONER LLOYD and seconded by COMMISSIONER MALM to recommend Planning Commission APPROVE this request. The motion to APPROVE passed by a 7 - 0 vote. The role having been called, the vote of the Commission was as follows:
Charles Choi Aye
Tom Quinn Aye
Ken Lloyd Aye
Wilmae "Bunny" Malm Aye
Ed Peterson Aye
Andrea Hollen Aye
Bill Marino Aye
FINDINGS OF FACT AND CONCLUSIONS
WE FIND THAT:
1. Mike Rock, Lakewood City Manager, in conjunction with Continuum Partners, LLC, has submitted an application to rezone approximately 105 acres of land located at the southeast quadrant of the intersection of South Wadsworth Boulevard and West Alameda Avenue to the PD (Planned Development) zone district. An application has also been submitted to request approval of a Site Specific Development Plan for the site in conjunction with the rezoning request; and
2. Notice of the Public Hearing to the fee owners of the property and property owners within 500-feet and registered Neighborhood Organizations within 1000 feet was made as required by the zoning ordinance for both the rezoning request and the site specific development plan request; and
3. The requests were reviewed by the appropriate referral agencies and no adverse comments were received; and
4. The proposal is in conformance with the Lakewood Comprehensive Plan as outlined in the staff report; and
5. The applicant has met the requirements of the Zoning Ordinance; and
6. The proposed zoning and site specific development plan have met the requirements of the Lakewood Zoning Ordinance for notification; and
7. Public improvements will be required with development of the subject property; and
8. Parkland and school land dedication is required. A portion of the parkland dedication is satisfied with the outlined open space provision for the development and the remainder will be provided at the time of building permit issuance. School land dedication is required and will be satisfied at the time of building permit issuance; and
Planning Commission Resolution
RZ-01-006: Belmar Redevelopment
December 19, 2001
Page 2
9. This proposed zoning meets the requirements of the Lakewood Comprehensive Plan in terms of the following:
a) Zoning this property to the PD zone district will not disrupt the integrity of an established neighborhood.
b) The zoning of this property is not being considered "spot" zoning.
c) The zoning is compatible with the surrounding development.
d) The zoning makes a positive contribution to the surrounding area and the City.
e) The zoning is in compliance with the goals of revitalization and economic development.
f) The zoning is in compliance with the Comprehensive Plan as well as applicable
neighborhood plans.
10. The submitted plan satisfies the requirements of Article 18 of the zoning
ordinance as it pertains to vesting of property rights.
ACTION
NOW, THEREFORE, BE IT RESOLVED by the City of Lakewood Planning Commission, on the basis of the evidence presented to it and the findings and conclusions stated herein this 19th day of December, 2001, that Rezoning Case No. RZ?01-006, and that a Site Specific Development Plan that is associated with the rezoning case, are hereby recommended for APPROVAL subject to:
1. The applicant shall provide a signed correction free photographic mylar
prior to this case being scheduled for City Council Review.
Ed Peterson, Chairman
Wilmae "Bunny" Malm, Secretary
CERTIFICATION
I, Elaine Rosedahl, Secretary to the City of Lakewood Planning Commission, do hereby certify that the foregoing is a true copy of a resolution duly adopted by the Lakewood Planning Commission, at a public hearing held in Lakewood, Colorado, on the 19th day of December 2001 as the same appears in the minutes of said meeting.
Date Approved Elaine Rosedahl, Secretary to the
Lakewood Planning Commission
 |
||
Americans with Disability Act (ADA) Notice |
||
