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ORDINANCE: 2002-21
SUBJECT: Zoning Case No. RZ-01-001
Zoning of a parcel of land located at 903 Sheridan Boulevard to the PD (Planned
Development) zone district for the purpose of constructing 16 townhome units.
ADDRESS: 903 Sheridan Boulevard
RECOMMENDATION: Staff recommends approval of this zoning request. Planning Commission, by a vote of 5-1, at the May 15, 2002 hearing recommends DENIAL of this request by City Council.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
This proposal is to zone a parcel of land at the intersection of Sheridan Boulevard and West 9TH Avenue from OF (Office) to PD (Planned Development) for the construction of 16 townhome units. Staff recommends approval of this proposal as outlined in the staff report to Planning Commission dated May 8, 2002. At the Planning Commission hearing of May 15, 2002, the Planning Commission heard testimony from the applicant, staff and the neighboring property owners. Planning Commission recommends denial of this proposal. A letter requesting the appeal was submitted by the applicant on 6-3-02 and it attached to this Request for Council Action.
DATE OF FIRST READING: June 24, 2002
DATE OF SECOND READING: July 8, 2002
ORIGINATED BY: Community Planning and Development
STAFF PERSONS RESPONSIBLE: Dru Siley, Project Manager 303-987-7725
Vince Harris, Manager of Development Review
and Code Enforcement, 303-987-7516
DOCUMENTS ATTACHED:
Ordinance O-2002-21
Appeal Letter from Ed Boyle of Katchen & CO., Applicant
Planning Commission Staff Report
Planning Commision Resolution from May 15, 2002
Minutes of Planning Commission meeting of May 15, 2002
RZ-01-001: Las Estrellas
Memo from Dru Siley dated July 3, 2002
SUBMITTED BY:
Dru Siley, Planner II
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
STAFF REPORT
TO: Lakewood Planning Commission
THRU: Susan Piercy, Senior Planner
Chad Minor, Senior Planner
FROM: Dru Siley, Project Manager
DATE: May 8, 2002
PC Date: May 15, 2002
SUBJECT: Zoning Case No. RZ-01-001
903 Sheridan Boulevard
APPLICANT: Ed Boyle, Katchen & Comapany
REQUEST: Rezone property from the OF (Office) zone district to the PD (Planned Development) zone district for the purpose of constructing 16 townhomes.
HISTORY / BACKGROUND
The property owner has applied to the City to request to rezone the property located at 903 Sheridan Boulevard from OF (Office) zone district to the PD (Planned Development) zone district. The applicant is requesting the rezoning in order to construct 16 townhome units on the property. The property is approximately 40,476 square feet and is currently vacant. An Official Development Plan (ODP) has been submitted as well as a conceptual site plan with the rezoning request.
SURROUNDING ZONING -SURROUNDING LAND USE
NORTH: 5-R (Higher Density Residential) - Multi-family Units
SOUTH: 1-C (Convenience Commercial) - Commercial Use
EAST: City and County of Denver - Single-Family Residential
WEST: 5-R (Higher Density Residential) - Multi-family Units
AGENCY REVIEW
West Metro Fire Protection Agency
Consolidated Mutual Water
East Lakewood Sanitation District
Xcel
Qwest *
West Metro Fire Protection District
*No replies received as of May 7, 2002
ANALYSIS OF ISSUES
1. Consistency with the Comprehensive Plan:
The Lakewood Comprehensive Plan is a document that contains many goals and policies which are intended to make sure 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. Any zoning of property needs to be done so with the surrounding character of the adjacent neighborhood in mind.
All zonings within the City must be done in compliance with the Comprehensive Plan. The Plan addresses zoning on page 17 in Policy C that states: "Approve only specific land development and rezonings that meet the following criteria:
No. 2. Will not disrupt the integrity of an established residential neighborhood.
No. 3. Is designed to be compatible with the surrounding neighborhood.
No. 4. Would not be considered spot zoning.
No. 5. Makes a positive contribution to the surrounding area and the City.
The proposed development will not disrupt the integrity of the established residential neighborhood. The proposed zoning is adjacent to multifamily residential uses along the north and west property lines. The property to the south is zoned 1-C (Convenience Commercial). The proposal will buffer the neighborhood to the west from Sheridan Boulevard and will provide a landscaped area next to those homes. Although vehicular trips will increase as a result of development of the vacant lot, it is Staff's position that the number of units proposed for the property will not negatively impact the adjacent residential area.
The proposal has been designed to be compatible with the adjacent neighborhood. Buffering will be provided along the west and north property lines to screen this site from the adjacent residential uses. The building has been designed so that the portion closest to the neighborhood on the west is one story. The proposed multi-family use of this project is compatible with the surrounding land uses and zoning in the area.
Rezoning the property to the PD zone district will not be considered spot zoning in that the uses permitted under the rezoning and specified on the ODP are compatible with the uses of the surrounding area.
This project does provide a positive contribution to the area and is a desirable
land use along Sheridan Boulevard. Landscaping will be provided along Sheridan
Boulevard, buffering the adjacent neighborhood from the traffic along Sheridan
Boulevard.
The Comprehensive Plan further addresses Residential Land Use and Location on
page 38. The goal is: "To locate various residential densities in appropriate
locations in relationship to needed services and to other land uses." Further,
Policy B of this section states: "Locate the various densities of residential
development according to each of the following criteria":
2. Higher Density: Twelve to fewer than eighteen swelling units per acre:
A. Location
The property is located within an Activity Center, a Community Commercial Node
or at an appropriate location along an arterial corridor.
B. Transit
The property is located within 650 feet of a designated or proposed public transit
route, and pedestrian and bike facilities are either in place or are to be constructed
with the development of the property
C. Parks and Open Space
The property is within 1,300 feet of a public park or greenbelt; or a park will
be constructed with the development of the property.
D. Shopping
The property is within 1,300 feet of a designated Community Commercial Node
or such node is proposed as part of an approved official Development Plan.
E. Access
The property is located on a multi-family local street with direct connections
to a collector or arterial street. Bicycle and pedestrian access into the neighborhood
must be provided.
The proposed development is in substantial conformance with all of the above criteria as follows:
· Location: The property is located at an appropriate location along the arterial corridor of Sheridan Boulevard. The proposal serves as a transition zone district between the lower density neighborhood to the south and west and the adjacent higher density residential properties to the north and west.
· Transit: The property is located on Sheridan Boulevard which is a major transportation corridor and is served by RTD. Public improvements will be constructed as part or this development that include curb, gutter and a 5-foot wide sidewalk along Sheridan Boulevard and West 9Th Avenue.
· Parks and Open Space: The nearest park is Mountaire Park approximately 2,200 feet away, however a green space/activity area approximately 3,500 square feet in size is being designated in the northwest corner of the development for use by its residents.
· Shopping: The property is located approximately 2,000 feet from the nearest Community Commercial Node at 6TH Avenue and Sheridan Boulevard. Additional goods and services are provided by a smaller commercial node at 10TH and Sheridan Boulevard.
· Access: The property is located at the northwest corner of West 9TH Avenue and Sheridan Boulevard. The proposed development will have drive access to 9TH Avenue which leads directly to Sheridan Boulevard. Sheridan Boulevard is an arterial street.
The proposed rezoning and development is insubstantial conformance with the Comprehensive Plan and meets the necessary criteria for locating a multi-family development of the proposed density.
In addition, the property is located along Sheridan Boulevard and is subject to review under the Sheridan Boulevard Strategic Plan. Sheridan Boulevard Strategic Plan analyzes existing land uses along Sheridan Boulevard and identifies desired land uses as the corridor develops. Action Step 2 of the Land Use section states "Develop an overlay zone district that identifies preferred land uses, architectural treatments, site layout, and strategies to protect and buffer adjacent neighborhoods. The Sheridan Boulevard Strategic Plan also identifies a number of key issues that have to be addressed by development within its boundaries. These elements include the following:
· Stop the deterioration of Sheridan Boulevard including deterioration
of the roadway, sidewalks, and buildings.
· Beautify the area.
· Clean up trash and debris.
· Identify a cohesive mix of land uses that are appropriate to the corridor.
· Address safety concerns with the traffic operations along Sheridan
Boulevard.
· Implement more landscaping along the corridor.
It is Staff's opinion that this proposal protects and buffers the adjacent neighborhood and meets the intent of the Strategic Plan. This development will enhance the corridor by providing landscaping along Sheridan Boulevard, architecture that is compatible with the surrounding properties, public improvements that will aide pedestrian access and safety, and a site layout the respects the future addition of a deceleration lane on Sheridan Boulevard that will improve the traffic safety along the corridor.
2. 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 zonings 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.
It is Staff's position that the proposed rezoning for this property meets the Lakewood Zoning Ordinance criteria as follows:
· The proposal includes improvements along West 9TH Avenue and Sheridan
Boulevard that will improve pedestrian and traffic safety in the neighborhood.
The proposal is on Sheridan Boulevard which is a transportation corridor served
by RTD bus routes and provided access to major commercial areas contributing
to the welfare of the inhabitants. To provide for the health of the residents,
the development also includes a green space/activity area in the northwest corner
of the development and is within 2,200 feet of Montaire Park.
· The proposal is compatible with the surrounding land uses. The adjacent
parcels to the south are commercial and single family residential uses. The
adjacent properties to the north and west are higher density multi-family uses.
This proposal is a transitional density between the 5-R (Higher Density Residential)
uses to the north and west and the lower density 3-R (Duplex and Small Lot Residential)
and 4-R (Medium density Residential) uses to the south and west. The proposed
building type and layout is of a scale that contributes to this transition by
reducing the height of the building for the portion of the structure that is
nearest to the adjacent single-family uses.
3. Utilities:
No adverse comments have been received by the utility agencies as a result of the outside referral of the application. The utility companies have indicated that they can serve the project.
4. Layout and Access:
The property will have access to West 9Th Avenue, residents may then directly access Sheridan Boulevard. The site has been designed so that the proposed structure fronts both West 9Th and Sheridan Boulevard with the parking area being behind the proposed building to minimize the visual impact of the parking area from the street.
5. Engineering Studies:
A preliminary drainage, grading and erosion control plan has been required with this proposal. This plan has been approved by the City of Lakewood Engineering Division prior to this case proceeding to Planning Commission.
6. Public Improvements:
As part of this development the owner will need to construct improvements along
Sheridan
Boulevard and West 9TH Avenue. A Public Improvements Agreement has been signed
and will be recorded pending approval of the rezoning request.
7. Parkland Dedication Requirement:
A cash-in-lieu of park land dedication fee is required. This fee will be paid prior to the issuance of building permits.
8. School Land Dedication Requirement
A cash-in-lieu of school land dedication fee is required. This fee will be
paid prior to the issuance of building permits.
9. Neighborhood Impact:
The use is compatible with the neighboring uses. A multi-family use exists in the 5R zoned properties to the north and west. The property east of the site is in the City and County of Denver and is occupied by single-family homes. The property to the west is zoned 5R and will be buffered from the higher intensity uses along Sheridan Boulevard by this development and by the requirement for the project to provide a landscaped buffer along these homes. Minimal traffic from this site will access through the residential neighborhood. It is the opinion of Staff that the impact to the neighborhood by this development is minimal.
Summary of Analysis:
It is the analysis of Staff that the proposed rezoning is compatible with the surrounding zoning and land uses. The project is in conformance with the City's Comprehensive Plan and with the Sheridan Boulevard Strategic Plan.
PUBLIC COMMENT
A neighborhood meeting was conducted on June 8, 2000. Ten citizens were present. There was concern expressed about the possible traffic from the site and the proposed density. A copy of the summary from that meeting is attached. Project Manager, Dru Siley received a call from a resident in the area in August 2001. This resident expressed his opposition to the proposal because of concerns with density and traffic issues. Additionally, two calls were received, one on May 3 and one on May 7, 2002 from residents seeking clarification and additional information regarding the proposed project.
NOTIFICATION/SLIDES
Notice of the public hearing was mailed to all property owners and tenants 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.
SUMMARY AND RECOMMENDATION
Based upon the existing zoning and land use pattern in the immediate area, Staff supports the rezoning of the subject property. Therefore, the City of Lakewood Staff recommends that the Planning Commission find that:
1. Edward Boyle has submitted an application requesting a rezoning of the property located at 903 Sheridan Boulevard from the OF (Office) zone district to the PD (Planned Development) zone district; and
2. Notice of the Public Hearing to property owners and tenants within 500 feet and neighborhood associations within 1000 feet was made as required by the zoning ordinance; and
3. The request was reviewed by the appropriate referral agencies and no adverse comments were received; and
4. The applicant has met the requirements of the Zoning Ordinance; and
5. The proposed zoning has met the requirements of the Neighborhood Referral Program; and
6. Public improvements are required with this proposal; and
7. Parkland dedication will not be required for approval but will be required prior to the issuance of building permits; and
8. School land dedications will not be required for approval but will be required prior to the issuance of building permits; and
9. This proposed zoning meets the requirements of the Lakewood Comprehensive Plan in terms of the following:
a) Will not disrupt the integrity of an established residential neighborhood.
b) Is designed to be compatible with the surrounding neighborhood.
c) Would not be considered spot zoning.
d) Makes a positive contribution to the surrounding area and the City.
e) The proposal meets the locational criteria for locating multi-family uses within the City.
10. The proposal meets the goals and policies of the Sheridan Boulevard Strategic Plan by buffering the adjacent neighborhood, providing landscaping along Sheridan Boulevard, having architecture that is compatible with the surrounding properties, and public improvements that will aide vehicular traffic and pedestrian safety.
AND
That the Planning Commission recommends that the City Council APPROVE zoning
Case No.
RZ-01-001 subject to the following:
1. That notes pertaining to School land and Park land dedications be added to the Official Development Plan describing that these fees will be due prior to the issuance of building permits.
2. That a correction free photomylar be provided to the City prior to this case being scheduled for City Council hearing.
Attachments: Official Development Plan
Site Location Map
Copy of Notice
Neighborhood Meeting Summary
cc: RZ-01-001, Vince Harris, Sue Piercy, Toni Spurgeon, Tim Doherty
2. CASE NO. RZ-01-001 REZONING
LAS ESTRELLAS
903 Sheridan Blvd.
Rezone to allow for 16 multi-family condos
COMMISSIONER MALM wanted the record to show that she and Mr. Boyle are acquainted although they have not discussed this case. Commissioner Malm did not feel she needed to excuse her self but left it up to the Commission.
CHAIRMAN CHOI then asked if anyone had any comments.
No comments were expressed.
EDWARD BOYLE, 7111 W. Alameda Ave., Chief Operations Officer for Katchen and Co., gave a brief history of Katchen and Co., and then reviewed this rezoning request. Mr. Boyle then made himself available for questions from the Commission.
DRU SILEY entered into the record the staff report, slides and testimony. He then reviewed his staff report and asked Planning Commission to approve this rezoning.
ROBERT FISHER, 880 Benton St., opposed this rezoning and presented the Commission with a petition from the neighborhood asking the case be denied. Mr. Fisher presented the Commission with pictures of some of the neighborhood homes, and said their information is two years old and they have nothing recent as to what this applicant is planning to do. This project is not compatible with any of the homes in the neighborhood and will be a burden on the Molholm elementary school. Safety is also a issue for children in the neighborhood as this project will bring in heavy traffic.
SUSAN MC CONNELL, 895 Benton St., said the neighborhood stands as one in rejecting this rezoning for 903 Sheridan. This is high-density housing and the Two-Creeks neighborhood has never rejected reasonable development. She asked the Commission to help them by supporting the Molholm Plan the Sheridan Plan, the Lakewood Comprehensive Plan, and the West Corridor Framework Plan by rejecting this land use.
KIM BAKER, 885 Benton St., referred to the Molhom Plan which specifically calls for limiting encroachment of certain high-density residential development. The Molholm School is already over crowded, overflow parking from the swimming pool, as well as from Tiffany Square and the apartment building cause parking problems. With two parking spaces for each condo, they will generate two cars per condo and the visitors parking will come into the neighborhood. The traffic comes into the neighborhood because the entrance on 9th Avenue, Sheridan is poorly designed and people use Benton to get to 10th or 8th because access to Sheridan is safer on those two streets. The increased density and parking are the two negatives for this project. Also, the apartment buildings generate many police calls. Ms. McConnell also thought the price of the units would have to be more than $150,000.
DEB JONES, 7020 W. 13th Ave., said Mr. Boyle did speak to the neighborhood and gave a fair presentation, however, she wanted the concerns mentioned at this hearing addressed.
CHAIRMAN CHOI asked Ms. Jones to elaborate on her letter that states this plan does not address the concerns of the Molholm Plan.
DEB JONES thought commercial zoning should be on the perimeter of the area, and this project does not work with the neighborhood plan.
CARL MAYER, 5202 W. 9th Ave., informed the Commission that he spent a lot of money fixing up his property. When this development is complete, the residents will all have dogs and those dogs will all want to mess on his lawn. Even if the agreement states no dogs, the people will have dogs. The moredensity the more trash and noise, and all this density will cause people to park on his lawn. Mr. Mayer said he did not receive a notice nor did any of his tenants receive a notice of this meeting, and he had to call Mr. Dru Siley and have him mail a notice after he observed the sign on the property.
COMMISSIONER MALM wanted to know if Mr. Mayer's aggravations are occurring now or does he anticipate them happening from this development in the future?
CARL MAYER said they are happening now and with this development they are going to get worse. The kids and dogs will increase.
RONALD STEADMAN, 910 Benton St., said they like this neighborhood because of the quiet country setting and this project is going to bring added traffic and cause a greater problems. People will cut through Benton Street to access Sheridan.
ROBERT FISHER, 880 Benton St., added none of his neighbors received a notification, they are all within the 500 foot radius, and one of the signs was down for over a week.
CHAIRMAN CHOI asked staff to respond to the issue of notification?
DRU SILEY answered, fifteen days prior to the hearing letters must be mailed to those living within 500 feet of the subject property, including all neighborhood groups within 1000-feet of the property. The applicant gets the list from Jefferson County and staff verifies the radius. Thus far everyone testifying at this hearing are on the notification list, and Mr. Boyle mailed the notices by the 30th of April in conformance with the notification requirements.
CHAIRMAN CHOI asked if there is a procedure in place verifying the mailing took place?
SUSAN PIERCY replied, the applicant signed an affidavit stating notice was mail and signs posted. Staff monitors notification as closely as possible.
EDWARD BOYLE, said the original plan was for 22 units per acre which was comparable to the surrounding properties to the west and north. In meetings with the Two Creeks neighborhood organization, objections were noted regarding density, therefore, they reduced density from 22 to 16 units per acre. There were concerns with the height, therefore, the height was reduced. There were concerns with pedestrian traffic which was addressed by putting in sidewalks, curbs and gutters. The traffic mitigation will be addressed by a decel lane added along Sheridan as well as an entry into the parcel along 9th Ave. Regarding the Molholm plan, it states that density should be along the perimeter and the perimeter is Colfax to 6th and Wadsworth to Sheridan, and this proposal is along Sheridan. They are meeting the parking requirements as stated by staff for both residents and guests. The conduct of those owning these units will be governed by covenants and pets will not be allowed, as they will be controlled by a homeowners association. Most of those purchasing condos are retired persons and they will not be adding children to the neighborhood.
CHAIRMAN CHOI asked the applicant if they first wanted a 22 unit per acre proposal for this site?
EDWARD BOYLE said, the first proposal was for 22 units per acre, and this proposal is for 16 units which brings the density count to 17.2 units per acre.
COMMISSIONER QUINN wanted to know why only one neighborhood meeting occurred in 2000?
EDWARD BOYLE answered, in addition to the required meeting in June there was another meeting held with the Two Creeks Neighborhood Assoc., and there were no additional meetings because of the violent nature of some of the residents, as some of the residents threatened to kill him.
COMMISSIONER QUINN wanted to know when the additional meeting was held?
EDWARD BOYLE said they met at a church in the summer of 2001.
COMMISSIONER MARINO wondered why notification missed so many people.
EDWARD BOYLE said he personally stuffed the envelopes, put on labels and stamps, closed all of them. His assistant took them to the post office and asked they be mailed that day.
COMMISSIONER MALM noticed in the first paragraph of the petition references increased traffic on the side streets, a commercial business would only create additional traffic during business hours, but she saw no reference to a commercial business in this request.
ROBERT FISHER said they were referring to the present office zoning.
COMMISSIONER MALM said this petition is for multi-family condos and commercial uses are not part of this particular application. Also, there are a number of names and addresses in the petition that are far removed from the proposed site, approximately 20.
ROBERT FISHER said they circulated the petition in the Two Creeks neighborhood because traffic will effect the whole area.
COMMISSIONER MALM did not think the neighborhood at 13th and Pierce, would be directly effected by this rezoning.
CHAIRMAN CHOI wanted to know how to effect a change in the petition since Commissioner Malm pointed to inconsistencies.
ROBERT FISHER thought they could re-petition the area since they do not want these condominiums.
COMMISSIONER MALM did not want Mr. Fisher to re-petition the neighborhood as she thought the petition could stand on its own. However, there is no commercial involved in this application.
ROBERT FISHER said the current zoning is office, a commercial zone district and with an office building there will be less traffic.
CHAIRMAN CHOI asked Mr. Fisher if he wanted to re-circulate the petition or leave it as is since it has been questioned.
ROBERT FISHER wanted to know if it stands as is, would that water down its effectiveness.
CHAIRMAN CHOI said that is not for any on the Commission to judge. Chairman Choi said he would place the petition on the ledge and he can pick it up if he so desires.
SUSAN PIERCY reminded the Commission they are asked to make a decision for or against this rezoning, and if the petition were to be re-circulated it would not have any impact on this hearing but could have an impact on the Council decision.
CHAIRMAN CHOI said he would have time to present another petition to City Council.
ROBERT FISHER thought he would like to re-circulate the petition.
COMMISSIONER MALM wanted Mr. Fisher to know that she is questioning the form of the petition whether he change the form is Mr. Fisher's decision. Also, the 20 or so signatures are not directly effected by the proposal, however, she was not questioning their right to sign the petition.
ROBERT FISHER said Scott Pichaco, staff planner, advised him to gather as many signatures as possible, because it effects the whole neighborhood.
COMMISSIONER QUINN added, the wording of the petition has no legal effect and is an informal petition.
ROBERT FISHER said he would like to leave the petition with the Commission.
COMMISSIONER PETERSON wanted to know the traffic counts at peek hours.
DRU SILEY answered, the 16 town homes units will generate approximately 96 trips per day. An office district generates 11 trips per 1000 sq. feet of office or commercial space. Therefore, 10,000 sq. ft. office footprint could generate 110 trips per day. The peek times for office use is morning and evening.
COMMISSIONER PETERSON wanted to know if there are any other traffic impacts?
DRU SILEY thought only the decel lane.
COMMISSIONER PETERSON referred to the Molholm Neighborhood Plan, goal number 3, specifically calls for limitations of this type of development within the neighborhood. The map on page 46 of the plan says this strip of land should be a commercial use rather than residential.
DRU SILEY said staff looked at two governing documents the Comprehensive Plan and the Sheridan Blvd. Strategic Plan. The Molholm Plan is a guiding document and felt it incorporated many of the same qualities as the other two plans.
COMMISSIONER PETERSON wanted Mr. Siley to point to the Sheridan Plan where this type of development is encouraged along Sheridan.
DRU SILEY referred to Action Step II, Land Use section. Because this is a transitional type zoning with much higher density from the north and west, and lower density to the south and southwest. This fulfills the ideologies in the Sheridan Plan.
COMMISSIONER PETERSON asked if the recent adoption of the trade and technical zoning use and modifications to the Zoning Ordinance, encourages commercial development. Also, is there any conflict with this type of residential use along this arterial?
SUSAN PIERCY said the trade and technical has been in the works for some time. Staff relies heavily on the Economic Development Department for their input. It was their opinion that the property has not developed over time with the office zone, and did not see it as a office or trade and technical use, therefore, supported the residential zone for this site.
COMMISSIONER HOLLEN wanted a definition of a transition or buffer zone.
DRU SILEY said transitional zoning is at 17.22 units per acre. This plan transitions effectively with the properties from the north which is 22 units on less than 9/10th of an acre, roughly giving a density of 27 units per acre. The way the site plan is designed it fronts on the corner of 9th and Sheridan and with the landscaping areas it will provide a buffer to the neighborhood.
COMMISSIONER HOLLEN was disappointed the staff report did not refer to the Molholm Plan and wanted to know why?
DRU SILEY answered, staff felt the governing documents were the Comprehensive Plan and the Sheridan Blvd. Plan which addressed many of staff's concerns, and has the same intent as the Molholm Plan. He apologized for omitting the plan from the staff report.
COMMISSIONER HOLLEN wanted staff's opinion on the traffic going through the neighborhood to 8th or 10th Avenue in order to make a safe turn to the north?
DRU SILEY referred to the number of residential units generating 96 trips per day, and cars turning north will send more traffic through the neighborhood, however, staff felt an office use would send an even greater volume of traffic through the neighborhood.
COMMISSIONER HOLLEN wanted information on the number of trips the neighborhood pool generates?
DRU SILEY said he did not have that information.
COMMISSIONER MARINO wanted to know if the site plan shows there are two parking spaces per unit, where do guests park?
SUSAN PIERCY said those spaces include guest parking, however, the applicant is not providing above and beyond existing regulations.
COMMISSIONER MARINO wanted to know the disposition of the Molholm Plan with consideration to this use?
DRU SILEY said the Molholm Plan does not specifically preclude a plan such as this, but rather encourages office/commercial type development.
COMMISSIONER MARINO asked if the Sheridan Plan supersedes the Molholm Plan, and have both the Molholm Plan and the Sheridan Plan been adopted as part of the Comprehensive Plan?
SUSAN PIERCY answered, both plans have been adopted as part of the Comprehensive Plan.
COMMISSIONER QUINN wanted more information about the buffer between this project and the surrounding neighborhoods?
EDWARD BOYLE referred to page 7 of the site plan showing this plan exceeds the landscape requirements.
CHAIRMAN CHOI asked about the heights of the buildings to the north/west/east and south of this site?
EDWARD BOYLE said to the west and north are two, two-story structures approximately between 20 to 24 feet. Across Sheridan is a single story building and to the south is a single story.
CHAIRMAN CHOI noticed on the corner of 9th and Sheridan the plan calls for a three-story or 45-foot height versus 20 to 25 feet to the north, less than that to the south, and similar to the west. This proposal will be twice as high as the buildings in the neighborhood.
EDWARD BOYLE answered, they have done everything possible to mitigate height and still carry snow loads during the winter, and have done everything to architecturally reduce the visual impact.
CHAIRMAN CHOI said the neighbors to the north and west have flat roofs and they are able to carry snow loads.
EDWARD BOYLE added, City staff directed a pitched roof.
CHAIRMAN CHOI said he understands why staff wants a pitched roof to get away from the commercial look. He wanted to know the speed limit on Sheridan?
DRU SILEY thought it 45-miles per hour.
CHAIRMAN CHOI than asked the length of the north/south dimension of the eastern property line where the decel lane will be placed.
DRU SILEY thought it about 132-feet.
CHAIRMAN CHOI said he tried to make a right turn on 9th safely, and found it impossible. He wondered if the decel length really does meet standards of safety.
DRU SILEY answered, the decel lane meets all the criteria from Traffic Engineering Standards, it has been reviewed by the City's Traffic Engineers and designed as such.
CHAIRMAN CHOI then inquired about the mailed notices not reaching their destinations. He wanted to know how many in the audience were willing to swear under oath that they did not receive the mailing?
The count was 8 out of 18 attendees who raised their hands.
DRU SILEY added, every person that spoke at this hearing is within the 500-foot notification area.
ROBERT FISHER, 880 Benton St., was willing to swear under oath he did not receive notice of this hearing by mail, nor did he know of any of his other neighbors that received notice.
CHAIRMAN CHOI stated the City is required to send a notice to those living within 500-feet of a proposal, and the applicant testified he met the notification requirements. Yet there is a group of people willing to swear under oath they did not receive notice.
SUSAN PIERCY informed, from the Ordinance standpoint, Mr. Boyle has met the notification requirement for a rezoning. The City cannot control things that are lost in the mail and the applicant has signed the affidavit stating he mailed the notices. City Council has directed staff to notify in this manner, and the applicant's responsibility is to mail the notice. The City has received back several notices labeled "return to sender" which indicates the notice was mailed. Why they have not received notice we do not know. Ms. Piercy added, for the Belmar project 2000 notices were sent and she is still getting some of those notices back.
COMMISSIONER MALM said it is difficult to control mail once it gets into the system, and she personally has had some problems with mailings. If the City has received return mail, that indicates the applicant has mailed the notice, although she was not saying the neighborhood did not receive notice.
COMMISSIONER PETERSON agreed with Commissioner Malm, and believed Mr. Boyle did comply with the notification process.
COMMISSIONER HOLLEN referred to Article 17 stating the only standard is the applicant shall mail 15-days prior to the public hearing, and there is an affidavit to that effect.
SUSAN PIERCY added, the City has changed the notice letterhead and envelop
to read in large letters "NOTICE" with blue coloring to help people
recognize this is an official notice.
CHAIRMAN CHOI said he is satisfied as to where notification stands.
COMMISSIONER QUINN asked if there is a time period that a meeting has to take place prior to a public hearing?
DRU SILEY said the neighborhood meeting has to occur after the preplanning has been reviewed by staff, and prior to a formal application. Applicants are required to have one neighborhood meeting and Mr. Boyle fulfilled that requirement.
COMMISSIONER QUINN then asked if an additional meeting has to be held after a certain period of time?
DRU SILEY said no, as long as the case is active, and this case has been active for the entire period of time. Staff does encourage additional meetings after a long period of time, however, the applicant does not have to comply.
COMMISSIONER QUINN asked if there were any drainage problems with this site?
TIM DOHERTY, City Engineer, said this project has no on site problems, and in fact this plan helps with the drainage by putting in curb and gutter especially along 9th Avenue.
CHAIRMAN CHOI asked Mr. Boyle what his plans are if this application is approved?
EDWARD BOYLE said the construction time-frame, if approved by Planning Commission, goes to City Council, then the architectural plans need to be reviewed and approved, and then to pulling permits. They plan to pre-sell the units prior to construction with every one approved prior to construction, and then to start when it is 100-percent sold. They have a contract to purchase the ground if zoning is approved.
COMMISSIONER PETERSON asked what would happen if the units do not pre-sell prior to construction?
EDWARD BOYLE answered, they have already put a tremendous amount of time and money in this project, and if they did not think it viable they would have stopped this process long ago.
COMMISSIONER PETERSON wanted to know if they plan to pre-sell units prior to permitting or after permitting?
EDWARD BOYLE said they have to have working drawings go to the contractor for pricing. They are trying to target the units from between $140,000 and $160,000.
COMMISSIONER PETERSON asked if they have done a market analysis, and how deep do they project the market for that price range in this location?
EDWARD BOYLE said the least expensive home in Lakewood is $156,000 and thought
their market is 100-percent for their price range and for this kind of home.
COMMISSIONER PETERSON wanted to know if their target is not met would they consider turning to subsidized housing?
EDWARD BOYLE said no. He referred to the Lakewood Comprehensive Plan by saying this area would not be designated for rental housing, however, affordable housing does fit the category.
COMMISSIONER HOLLEN pointed to the three-story structure and wanted to know how it fits with residential compatibility, when the limitation is no more than two-and-a-half stories?
DRU SILEY said staff made allowances for the quality of the architecture, and because of the work the applicant did in revising this plan.
CHAIRMAN CHOI called for a five-minute recess.
COMMISSIONER QUINN based on the information in the staff report and the testimony presented before the Planning Commission at this hearing, moved that Planning Commission recommend City Council approve Zoning Case No. RZ-01-001, subject to the two conditions set forth in the staff report. SECOND by COMMISSIONER MALM.
COMMISSIONER QUINN was concerned because the applicant did not communicate more effectively with the neighborhood, and also the neighborhood meeting took place on June 8, 2000 nearly two years ago. There were probably changes in that two-year time frame and although no other meetings were required, he thought this too long a period of time.
COMMISSIONER MALM concurred with Commissioner Quinn's comments.
COMMISSIONER PETERSON also agreed with the comments from Commissioner Quinn, and added the Comprehensive Plan, Item 3, protects and buffers neighborhoods along the corridor from encroachment and impacts associated with retail and office uses. Because of the intent of the Sheridan Plan as well as the Molholm Plan, on page 47, he will not support the motion.
COMMISSIONER HOLLEN shared Commissioner Peterson's concern and will not support the motion because the proposed development conflicts with the Molholm Plan in its intent, and does not support the intent of the Sheridan Plan to promote office, commercial and trade and technical uses along the corridor. She added, residential development impacts differently than office, commercial and trade and technical.
COMMISSIONER MARINO referred to the Comprehensive Plan and will base his vote on that document, and those documents assimilated into the Comprehensive Plan. He recognized that some performance stipulations were granted but could only guide his vote by the existing document.
CHAIRMAN CHOI informed the applicant this Commission does not deal with profitability
or unprofitability. In analyzing the site plan he was concerned with the 45-foot
height in the mist of a much lower scale, although the height has been placed
on the south east corner of the site, which avoids shadows and thought it a
well performed site plan. Chairman Choi had concerns with the decel lane but
Traffic Engineering has approved those plans, and the basic conflicts with the Molholm plan have already been addressed, however, he still has mixed feelings about this proposal.
COMMISSIONER HOLLEN added, she wanted a more complete picture concerning traffic studies. The current studies address the number of trips generated by a development, and cannot address the impact in the neighborhood with the pool considered.
COMMISSIONER QUINN referred to Section 17-17-7 in the Zoning Ordinance states when material changes the character of the neighborhood, or in the City generally, such as this proposed rezoning, it should be in the public interest. He thought the standard difficult to meet under these circumstances.
Motion denied by a 5-1 vote (Marino yea).
CHAIRMAN CHOI explained the applicant has the option to appeal this vote to City Council and City Council will make the final determination.
GENERAL BUSINESS
COMMISSIONER PETERSON reported on the Planning Commissioners Workshop and complimented Roger Wadnal for his excellent presentation. The attendees asked him if he knew when the Citizens Planning Academy will resume. He hoped the program could be reinstated.
CHAIRMAN CHOI added the Douglas County people wanted to be trained in a planning academy and suggested a joint endeavor.
SUE PIERCY said Castle Rock is also interested in doing a similar program. The City is doing everything they can to get it reinstated, however, the funds have not been allocated.
CHAIRMAN CHOI said they enjoyed the presentation by the City of Fort Collins and Wheatridge, on parking and encouraging public transit.
ADJOURNMENT
There being no other business to come before the Lakewood Planning Commission, the public hearing of May 15, 2002 was adjourned at 9:10 p.m.
Elaine Rosedahl, Secretary to the Planning Commission
RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION
On May 15, 2002 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No. RZ?01-001 should be approved.
MOTION was made by COMMISSIONER QUINN and seconded by COMMISSIONER MALM to recommend APPROVAL of this request. The motion to APPROVE failed by a 5-1 vote. The role having been called, the vote of the Commission was as follows:
Charles Choi Nay
Tom Quinn Nay
Ken Lloyd Nay
Wilmae "Bunny" Malm Nay
Ed Peterson Nay
Bill Marino Aye
FINDINGS OF FACT AND CONCLUSIONS
WE FIND THAT:
1. Edward Boyle has submitted an application requesting a rezoning of the property
located at 903 Sheridan Boulevard from OF (Office) zone district to the PD (Planned
Development) zone district; and
2. Notice of Public Hearing of the property owners and tenants within 500 feet and neighborhood associations within 1000 feet was made as required by the zoning ordinance; and
3. The request was reviewed by the appropriate referral agencies and no adverse comments were received; and
4. The proposed zoning has met the criteria of the Neighborhood Referral Program; and
5. The proposed zoning does not meet the criteria of the Zoning Ordianance Section 17-7-7, that addressed the material changes of the character of the neighborhood that would allow for the rezoning of a property.
6. The proposed zoning does not meet the requirements of the Lakewood Comprehensive Plan in terms of the following:
a) Will disrupt the integrity of the established residential neighborhood.
b) Is not designed to be compatible with the surrounding neighborhood.
c) Does not make a positive contribution to the surrounding area and the City.
d) The proposal does not meet the locational criteria for locating multi-family with the City.
7. This proposal does not meet the intent of the Sheridan Boulevard Strategic Plan in that it does not buffer the adjacent neighborhood and does not have an architecture that is compatible with the surrounding properties.
8. The proposed rezoning does not meet the intent of the Molholm Plan which intends for commercial or office uses and not multi-family uses, to be located on the periphery of that district.
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 15th day of May, 2002, that Rezoning Case No. RZ?01-001 is hereby recommended for DENIAL.
Charles Choi, Chairman
Tom Quinn, 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 15th day of May 2002 as the same appears in the minutes of said meeting.
Approved Elaine Rosedahl, Secretary to the Lakewood Planning Commission
S.\DAT01\RZ01001.PCR
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