REQUEST FOR COUNCIL ACTION

ORDINANCE: Ordinance O-2002-23

SUBJECT: Rezoning Case Number RZ-02-001

Rezone existing property from the OF (Office) zone district to the PD (Planned Development) zone district for the purpose of a new office, warehouse, and ware yard for the U.S. Department of Transportation.

ADDRESS: 12305 West Dakota Avenue

RECOMMENDATION:

Staff recommends approval of this rezoning request to allow for the construction of a new office, warehouse, and ware yard for the U.S. Department of Transportation. Planning Commission, by a vote of 5-0 at the June 19, 2002 meeting, recommended APPROVAL of this request by City Council.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

The applicant has applied to the City for a rezoning request to rezone the property located at 12305 West Dakota Avenue from OF (Office) zone district to the PD (Planned Development) zone district. The applicant is requesting the rezoning in order to construct a 12,994 square foot office and warehouse building on the property as well as a screened ware yard. The applicant is also proposing to leave approximately 1 acre of the property vacant for future development. The property is approximately 3.8 acres in size. The proposed use is for an office, warehouse and ware yard for the Department of Transportation. The property is currently vacant. An Official Development Plan (ODP) has been submitted with the rezoning request.

The Planning Commission recommended approval subject to three conditions. Condition 1: The applicant shall provide to the City an error free photomylar of the Official Development Plan prior to the City Council hearing; and Condition 2: The Public Improvements Agreement be signed and returned to the City prior to this case being scheduled for City Council; and Condition 3: Restrict parking of heavy equipment from parking on the eastern portion of the site. These conditions have been met and the case is now ready for City Council review.

DATE OF FIRST READING: July 8, 2002

DATE OF SECOND READING: July 22, 2002

ORIGINATED BY: Chad Minor, Project Manager

STAFF PERSON RESPONSIBLE: Vincent Harris, Manager of Development Review, 303-987-7516
Chad Minor, Project Manager, 303-987-7737

DOCUMENTS ATTACHED:
Ordinance O-2002-23
Planning Commission Staff Report w/ Vicinity Map
Minutes of Planning Commission from June 19, 2002 meeting
Planning Commission Resolution from June 19, 2002 meeting

SUBMITTED BY:
Chad Minor, 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

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STAFF REPORT

TO: Lakewood Planning Commission

THRU: Susan Piercy, Senior Planner

FROM: Chad Minor, Project Manager

DATE: June 10, 2002

PC Date: June 19, 2002

SUBJECT: Zoning Case No. RZ-02-001
12305 West Dakota Avenue

APPLICANT: Kenneth Breitkreuz, OZ Architecture

PROPERTY OWNER: Robert Chado

REQUEST: Rezone existing property from the OF (Office) zone district to the PD (Planned Development) zone district for the purpose of a new office, warehouse, and ware yard for the U.S. Department of Transportation.

HISTORY / BACKGROUND

The applicant has applied to the City for a rezoning request to rezone the property located at 12305 West Dakota Avenue from OF (Office) zone district to the PD (Planned Development) zone district. The applicant is requesting the rezoning in order to construct a 12,994 square foot office and warehouse building on the property as well as an outdoor screened ware yard. The applicant is also proposing to leave approximately 1 acre of the property vacant for future development. The property is approximately 3.8 acres in size. The proposed use is for an office, warehouse and ware yard for the Department of Transportation. The property is currently vacant. An Official Development Plan (ODP) has been submitted with the rezoning request.

The rezoning application for the 3.8-acre parcel of the property is a vitally important component to a business retention and expansion effort that the Lakewood Economic Development Division (Lakewood ED) has been working on since December of 2000.

In early 2000, the U.S. General Services Administration (GSA) conducted a formal solicitation for offers from the development community to site and construct new offices for the U.S. Federal Highway Administration - Department of Transportation (DOT), which is currently located at 555 Zang St. The solicitation only garnered two proposals within the limited geographic boundary that the DOT wished to locate. Both proposals were rejected by the DOT and GSA.

In December 2000, Lakewood ED began working with the GSA in an effort to identify a suitable location within the City to facilitate the relocation. Lakewood ED and the GSA worked cooperatively to identify and evaluate several sites that had potential for development but also had hurdles to development as well. After reviewing various sites with the GSA, Lakewood ED and the GSA began to concentrate its efforts on the two Chado parcels in the spring of 2001. The only development constraint to the Chado parcels is that the OF zone district does not allow for the warehouse/ware yard use that is associated with the larger office use of the DOT. The GSA and DOT originally wanted a fully integrated development on the southern parcel. Lakewood ED and Development Review staff indicated that we could not support the warehouse/ware yard use on the southern parcel, but we could support it on the northern parcel since it is adjacent to the IN zoning and industrial/warehouse uses along West Cedar Drive. The GSA and DOT agreed to pursue this split development for their operations.

Lakewood ED took the lead in developing agreements that would solidify the GSA's efforts towards the Chado site. In August 2001, the City Council, by unanimous vote, passed a resolution authorizing the City Manager to enter into contracts between the City of Lakewood, Chado Brothers Limited, and the GSA to facilitate the transition of real property for development purposes. The City entered into an Option Agreement to purchase the property at a negotiated price. This has assured the availability of the site while the rezoning application is processed as well as the GSA's formal solicitation for offers process is conducted. The City has paid a total of $15,000 in option and option extension payments to secure a 1½-year option period for these processes. The City also entered into an agreement with the GSA, which addressed the roles and responsibilities of each party and the method in which the City would be able to recoup its expenses and costs associated with creating the agreements and the option payments.

Current project scope for both parcels is the development of 119,000 square feet of office space with structured parking on the southern parcel, 12,000 square feet of warehouse and some associated ware yard space on the northern parcel. The two facilities will be occupied by 385 federal employees with room for future employee growth. The estimated construction costs of this project are $1.9 million for the northern parcel and $17 million for the southern parcel. In addition, each parcel will not be fully developed with these facilities. This provides the developer with further development opportunities or the possibility of selling the undeveloped portions of the parcels at some future point in time.

Lakewood ED has continued to work with the GSA, GSA's architect consultant, the property owner, and Lakewood Planning throughout this process. The City's participation with the GSA is vital as the Federal Government regulations prevent the GSA from pursuing a single source development unless it is in a partnership format with a local jurisdiction to pursue a single site. Thus Lakewood ED took the lead role in creating this partnership and working directly with the property owner and GSA to make this project become a reality.

SURROUNDING ZONING SURROUNDING LAND USE

NORTH IN (Industrial) Warehousing/Industrial Uses
SOUTH OF (Office) Vacant (Possible Future DOT Office)
EAST 3C (Community Commercial) Commercial/Retail/Office Uses
WEST 5R (Higher Density Residential District) Multi-Family Residentail

AGENCY REVIEW

Green Mountain Water and Sanitation District
Xcel Energy
AT&T Cable*
Qwest *
West Metro Fire Protection District
Green Mountainside Civic Association*
Green Mountain Townhouses Corporation*
Union Square Community Association*
Second Green Mountain Townhouse Corporation*
Army Corps of Engineers

*No replies received as of June 10, 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 zoning is adjacent to high-density residential uses along the west property line. The property to the west is zoned 5R (Higher Density Residential District) and is developed primarily with high-density apartments and condominiums. The proposal illustrates a significant buffer area with heavy landscaping along the west property line. This proposal does not have access through the neighborhood and will not disrupt the integrity of any residential neighborhood.

§ The proposal has been designed to be compatible with the surrounding land uses. Buffering will be provided along the west property line to screen this site from the adjacent residential uses. The building has been designed and the ODP written so that the maximum building height is 40-feet. The current zoning of OF (Office) would allow for a building height of 60-feet. The property to the south is currently vacant and zoned OF. This proposal would provide a transition zone from the OF zoning to the south to the IN (Industrial) zoning to the north. The uses proposed are also compatible with some of the industrial land uses to the north. The proposed uses of this project are compatible with the surrounding land uses and zonings 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, specifically those permitted to the north and east. The site is also designed to be integrated with the future office development to the south.

§ It is staff's position that this project does provide a positive contribution to the area. Landscaping will be provided along both West Dakota Avenue and West Alameda Drive and sidewalks will be installed as a result the public improvement requirements.

§ The Comprehensive Plan further addresses Intergovernmental Cooperation on page 16. The goal is: "To ensure that intergovernmental cooperation with other agencies encourages growth in its proper locations." Policy B of this section states: "Cooperate on development proposals which will affect, or be affected by, outside agencies." The evolution of the proposal has achieved the goal for intergovernmental cooperation. City Staff has worked diligently with the U.S. General Service Administration (GSA) and the U.S. Department of Transportation (DOT) on the proposed rezoning. The full project scope, including the south OF zoned parcel, will include the Federal Highway Administration (FHWA), the Federal Motor Carrier Safety Administration (FMCSA), the National Highway Traffic Safety Administration (NHTSA), the Federal Railroad Administration (FRA), and the Federal Transit Administration (FTA).

§ This property is not included in any neighborhood, corridor or special area plans.

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.

The proposed zoning of this property is Planned Development (PD) with an Official Development Plan (ODP) that specifies the permitted and accessory uses, development standards - specifically, restrictions of building height and setbacks, landscaping, architecture, fencing, retaining walls, lighting, signage and maintenance responsibility. The statement of intent for this official development plan ensures that the rezoning of this properties is in compliance with the City of Lakewood's Comprehensive Plan and Zoning Ordinance.

It is staff's position that the proposed zoning for this property is compatible with the adjacent land uses. The adjacent parcels to the east and south are commercial and office uses respectively and the properties to the north are industrial. Though the property to the west is residential, this development offers a design that will compliment the existing residence and with the proposed buffering, the impact to the property on the west will be minimized.

3. Utilities:

No adverse comments have been received by the utility agencies.

4. Layout and Access:

The property will have access to West Dakota Avenue. The site has been designed so that there will be a shared drive access to the west and east side, should future development be proposed on the east portion of the parcel. The site plan that is part of the ODP is a conceptual site plan that illustrates the layout of the property.

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.

6. Public Improvements:

A 5-ft. wide detached sidewalk and curb ramp will be constructed along West Alameda Drive. A drive cut, concrete cross-pan and curb ramps will also be constructed for entering and exiting the proposed development from West Dakota Avenue.

A Public Improvements Agreement will need to be entered into prior to scheduling this case for City Council review to guarantee these improvements.

7. Parkland and School Land Dedication Requirement:

A parkland and/or school land dedication is not required for this proposal.

8. Neighborhood Impact:

The use is compatible with the adjacent uses. The property to the south in zoned for office uses and is currently vacant. The property to the east is zoned 3C and is developed with commercial and office uses. The property directly north from 12305 West Dakota Avenue is zoned IN and is currently developed with industrial and warehouse uses. The property to the west is zoned 5R and is developed with multi-family. This is the only residential zoning adjacent to the subject property. The proposed project will provide a landscaped buffer along the multi-family homes to the west. It is anticipated that no traffic from this site will access through the residential neighborhood. It is staff's opinion that the impact to the neighborhood by this development is minimal.

9. Environmental Assessment:

An Environmental Assessment (EA) is being prepared pursuant to National Environmental Policy Act (NEPA) and Council on Environmental Quality (CEQ) regulations implementing NEPA (40 Code of Federal Regulations (CFR), Parts 1500-1508). The EA is required because the development will be occupied by a Federal Agency and will evaluate whether the proposed lease construction project may have significant effects on the human and physical environments in Lakewood as a result of the project. The EA process is nearly complete and has evaluated project design elements and potential environmental effects. Based on the EA work competed to date, potential impacts to the physical or human environment may be adequately mitigated, resulting in a likely Finding of No Significant Impact (FONSI) complying with requirements of the NEPA. The EA will be finalized upon approval of the site plans for the overall project.

10. Economic Development

The economic impact for the City is positive. This is a true retention project for the City of at least 385 jobs since without the willingness of the City to work cooperatively with the GSA, the GSA and DOT would have had no other alternative but to look for development locations well beyond the borders of Lakewood. Equally significant is that the 385 jobs being retained in this project have an average annual salary of $62,000. In addition to the jobs retained, the full project will accommodate an expansion up to a total of 425 employees. This project will result in the development of new commercial buildings within the City that will generate property tax revenues to the City, County, School District, and special districts as this project will remain in private ownership with the DOT being a long-term lessee of the buildings.

The City of Lakewood Economic Development Department supports the rezoning application, as it is an integral portion of the retention and expansion effort that Lakewood ED has been working on with the GSA and DOT for the past two years.

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.

PUBLIC COMMENT

A neighborhood meeting was conducted on December 11, 2001. Ten citizens were present. A copy of the Neighborhood Referral Meeting Summary is attached for review. Staff has received a letter from a resident of the Terrace View Apartments and it is attached for your review.

The U.S. General Services Administration (GSA) also held a public scoping open house on Wednesday, May 1, 2002 at the Sheraton Denver West Hotel, 360 Union Boulevard. Three citizens were in attendance and no adverse comments were received. The purpose of the open house was to give all interested parties an opportunity to become fully acquainted with the proposed project and raise issues and questions that may eventually be addressed in the Environment Assessment. Maps and photos of the project area and the proposed expansion were available for public review. GSA will also be inviting the public to participate by commenting on the Environmental Assessment following its completion.

NOTIFICATION/SLIDES

Notice of the public hearing was mailed to the property owner and the 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. The applicant has also invited all properties within 1,000 feet of the subject property to attend 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. Kenneth Breitkreuz has submitted an application requesting a rezoning of the property located at 12305 West Dakota Avenue from the OF (Office) zone district to the PD (Planned Development) zone district; and

2. Notice of the Public Hearing to the fee owners of the property and 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 and school land dedication will not be required for approval; and

8. 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.

AND

That the Planning Commission recommends that the City Council APPROVE zoning Case No.
RZ-02-001 subject to the following:

1. That a correction free photomylar be provided to the City prior to this case being scheduled for City Council hearing.

2. The Public Improvements Agreement be signed and returned to the City prior to this case being scheduled for City Council hearing.

Attachments: Official Development Plan
Neighborhood Referral Meeting Summary
Site Location Map
Letter from Neighbor

cc: RZ-02-001, Vince Harris, Tod Cecil, Toni Spurgeon, Dieter Magin

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LAKEWOOD PLANNING COMMISSION

PUBLIC HEARING

June 19, 2002 MINUTES

COMMISSIONERS PRESENT

Charles Choi, Chairman
Tom Quinn
Ken Lloyd
Bill Marino
Ed Peterson

STAFF PRESENT

Susan Piercy, Senior Planner
Chad Minor, Senior Planner
Anne Heine, Lead Development Review Engineer
Dieter Magin, Civil Engineer III
Stacy Miller, Planner I
Jody Morse, Park Naturalist
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
____________________________________________________________________________________

The following are the minutes of the June 19, 2002 Lakewood Planning Commission Public hearing. A permanent set of these minutes is retained in the office of the City Clerk and a tape recording is located in the department of Community Planning and Development, City of Lakewood.
____________________________________________________________________________________

INDEX PAGE

RZ-02-001 Department of Transportation
Kenneth Breitkreuz
12305 W. Dakota Avenue

The roll having been called, Chairman Choi declared a quorum and the following business was
conducted.

Rezone from OF (Office) to PD (Planned Development) to construct a warehouse

KEN BREITKREUZ, 6572 So. Sherman St., said this warehouse is being planned in association with an office building to the south of this site. He reviewed the surrounding properties, the function of the building, the building height and square footage, the outside fuel storage, retaining walls, and landscaping. Mr. Breitkreuz then made himself and his staff available for questions from the Commission.

CHAD MINOR entered into the record the staff report, Zoning Ordinance, Comprehensive Plan and slides. He then reviewed his staff report and asked Planning Commission to approve this rezoning.

JOHN STAMPER, 3600 So. Gilpin, Englewood, Managing Partner of the Mt.Vista Apartments south and west of this site, was concerned that the office buildings on the southern portion of the property will be about five stories or 60-feet high which will block their view corridor. Although the office buildings are not being constructed with this warehouse, the office will be properly zoned and the two will go together.

MIKE CHILDERS 12746 W. Dakota Ave., representing the Hill Top Architectural Control Committee on West Dakota Avenue, said they are very much in favor of this project as shown at this hearing. However, they are concerned with the traffic once the office building is up, entering on Alameda Dr. will be almost impossible because of the traffic. He liked the design of the property but wanted to control the future use of the undeveloped lot, since he was concerned it would become a huge unscreened parking lot. Mr. Childers did not want large vehicles parked on the south side of the building over night, nor did he like the commercial roof, and suggested a shingled roof to give it less of a commercial look.

CHAD MINOR addressed the traffic concern by saying when and if the southern portion comes in for development, the Traffic Department will require a traffic study, since it was not warranted for this proposal because of the number of employees and office space.

KEN BREITKREUZ said they would look at the roof, however, did not think a residential material would be appropriate. He said the pitch would not work with shingles.

CHAD MINOR pointed to the vacant parcel as open for a warehouse development. Regarding parking of large vehicles, the conceptual site plan would prohibit large vehicles from being parked on the street. He pointed to the screened wall and landscaping to shield any trucks being parked on site.

KEN BREITKREUZ added, only a maximum of six trailers will be on site at one time and they only receive two deliveries per day on average.

MIKE CHILDERS said he understands the intent, however, this building is designed to accommodate large commercial vehicles. There is a large parking area in the back for parking but if that lot is full, the big trucks will be tempted to park on the side of the building.

CHAIRMAN CHOI did not think, logistically speaking, they could park there since that would debilitate the operational aspects of the rest of the building.

COMMISSIONER QUINN asked how many employees would work at this site?

KEN BREITKREUZ said there would be five employees.

COMMISSIONER QUINN was concerned with traffic since there will probably be another proposal in the future causing a traffic problem in the area.

CHAD MINOR said if development of the southern portion comes to the City, a traffic study will be required based on the numbers at that time.

COMMISSIONER QUINN wanted clarification on the open space requirements which talks about enhancing the natural characteristics of the site by preservation.

CHAD MINOR pointed to the detention facility preserved for open space and detention. The landscaping buffer between the street and the detention pond, as well as landscaping on the west side enhances the site.

COMMISSIONER QUINN then asked at what degree does this site slope?

KEN BREITKREUZ said 45-feet from the high point to the low point.

DIETER MAGIN added, it is an eight-percent slope on average.

COMMISSIONER QUINN wanted to know if there are any soil or geologic problems on this site?

DIETER MAGIN did not know of any.

COMMISSIONER QUINN then asked about the Federal Impact Study required for all Federal projects?

CHAD MINOR said it does not have to be completed until the final site design. At the time of the open house they announced no environmental concerns.

KEN BREITKREUZ said their environmental study will not be complete until the design of the south parcel is complete.

COMMISSIONER QUINN wanted to know the time frame for the south parcel?

KEN BREITKREUZ expected the office on the south parcel to be occupied by February 2004.

COMMISSIONER PETERSON thought the parcel should be referred to as the east and west parcel rather than north and south parcel.

KEN BREITKREUZ answered the north parcel is the area being zoned and it has two halves. One half is where the warehouse is going and the south is a future development. The south parcel is south of West Dakota and is not part of the rezoning.

COMMISSIONER MARINO wanted to know if the building will be recessed within the plain of the land?

KEN BREITKREUZ answered that is correct.

CHAIRMAN CHOI asked if the western use will be implemented before the environmental assessment is complete?

KEN BREITKREUZ thought the south parcel will probably develop ahead of the north parcel.

CHAIRMAN CHOI wanted to know if they are going to cut and fill on site, or export the cut material?

KEN BREITKREUZ thought they would export some of the material.

CHAIRMAN CHOI then wanted to know if there could be a weed problem on the empty parcel?

CHAD MINOR said staff is requiring the applicant to grass seed the site until they chose to subdivide and/or sell the empty parcel.

COMMISSIONER LLOYD wanted to know if the DOT has a current warehouse and yard at their Zang Street facility.

KEN BREITKREUZ said they do and it is both an office building and warehouse.

COMMISSIONER LLOYD wondered what a compatible use would be for the unused site?

CHAD MINOR answered, staff has listed approximately 57 possible uses, however, has been careful as to what uses are not wanted on the site. He thought it will remain vacant for some time.

COMMISSIONER LLOYD wanted to know if the site is owned completely by the Federal Government or is it being leased back to the Federal Government?
RZ-02-001 (CONT'D)

KEN BREITKREUZ said a private developer would own the site and lease it back to the government.

COMMISSIONER LLOYD wanted to know if the south site will come back to the Planning Commission at a future date?

CHAD MINOR said if the developer meets the standards of the OF zone district it will be handled administratively by an Article 15 site plan, traffic study and associated engineering documents. If they want a use outside the OF district they will have to rezone and come before the Planning Commission?

COMMISSIONER LLOYD wanted to know why the whole site is not part of this submittal?

CHAD MINOR said if the northern portion is denied there would be no use for the southern portion and they would have to find an alternative site.

COMMISSIONER PETERSON thought the architecture excellent for this use, however, suggested a tile or slate roof. He was concerned the empty lot could be used as a parking lot for trailers or heavy equipment?

CHAD MINOR did not think that the intent, the way it is written, it would be an allowed use with proper screening. He suggested that portion be rewritten, with the acceptance of the applicant, and be a little more specific as to what would be allowed or not allowed.

KEN BREITKREUZ thought that could be worked out on Item 39.

COMMISSIONER LLOYD wondered what sort of parking would be allowed.

CHAD MINOR said the existing zone district is written so broadly staff could not disallow a parking use.

SUSAN PIERCY referred to the office use across the street, since every commercial zone district including office can provide parking for adjacent use.

CHAD MINOR pointed to items not permitted: service, sale and storage of mobile homes, travel trailers, motor homes, campers, boats, motor vehicles, auto wrecking, junk yards or inoperable vehicles.

COMMISSIONER PETERSON suggested heavy construction equipment, trailers, excavators, and front end loaders should be added.

CHAIRMAN CHOI thought that would tighten up the issue.

COMMISSIONER PETERSON suggested the oil and storage yard be reversed with the dumpster location. He thought the overall document very well prepared.

CHAIRMAN CHOI suggested grades be placed on the site plan with a site section to show the relationships. Regarding the roofing material, suggested they look at sun reflection and texture as part of performance standards.

COMMISSIONER QUINN asked if all the existing trees along the west property line will be removed?

KEN BREITKREUZ said yes, there is a significant grade change sloping down to the top of the site wall and the trees would not survive.

CHAD MINOR said the ODP is requiring the applicant submit a tree inventory with Article 15 and if the trees cannot be retained they will be replaced.

COMMISSIONER QUINN wondered what good an inventory would do if the trees are slated to be removed.

CHAD MINOR said this is a conceptual site plan and after the tree inventory, perhaps some of the trees could be saved.

COMMISSIONER QUINN said he walked the site and the existing trees already provide a buffer.

KEN BREITKREUZ added a drainage pipe will be placed on that side and trees cannot be placed above the pipe.

COMMISSIONER PETERSON thought a call-up provision in the Comprehensive Plan might answer a lot of questions when the final site plan is prepared, then they will know the answer to these questions. Since the task is one of rezoning it leaves many unanswered questions.

CHAIRMAN CHOI asked when they plan to do sidewalks?

CHAD MINOR said when the Public Improvements Agreement, Article 15, and the plan are approved.

CHAIRMAN CHOI asked what would happen if both office buildings are built at the same time.

KEN BREITKREUZ said there is one office building for the DOT with an associated parking structure. They hope to have the additional site left over that could be used for future development.

COMMISSIONER MARINO wanted to know the height restriction.

CHAD MINOR said 60-feet. There are no preplanning submittals on the southern portion, although they are expecting something soon.

COMMISSIONER MARINO wanted to know if the residential views will be obstructed.

CHAD MINOR did not think they would be obstructed.

COMMISSIONER PETERSON did not recall anything on view corridors in Article 15.

CHAD MINOR said it is not specifically written, however, it takes into account the grades on site as they can go up to 60-feet.

COMMISSIONER QUINN wondered about the mule deer spotted on this site?

JODY MORSE, Park Naturalist, said the habitat does not lend itself to a sizable herd, however, there is a sizable herd that comes from Green Mountain. When the site is developed they will go back to Green Mountain, and there is a chance of mountain lion sightings as well.

COMMISSIONER MARINO based on the findings in the staff report and the testimony at this hearing, moved that Planning Commission recommend City Council approve Rezoning Case No. RZ-02-001, subject to the two conditions in the staff report. A third condition would add restricting parking of heavy equipment from parking on the eastern portion of this site. SECOND by COMMISSIONER PETERSON.

COMMISSIONER QUINN was concerned with the lack of certainty about how the empty property is going to be developed in the future. It seems this Commission is considering half a proposal since the other half is a mystery. Also, the existing natural tree buffer protects the people in the residential area to the west from having to look onto this project. He has found in the past the existing trees usually go, therefore, was not sure he could support this without some assurance that those trees will be retained.

CHAD MINOR wanted to know how he would write such a condition?

SUSAN PIERCY added, there is a provision in Article 15 that protects existing trees worth saving, and provides for tree replacement.

CHAD MINOR suggested looking at moving the pipe to preserve the existing trees, if the engineering would work.

COMMISSIONER QUINN wanted to know what power staff has to enforce tree protection?.

SUSAN PIERCY said Article 15 talks about the caliper of trees, protected trees, and relocation. If they remove the trees, staff can require six trees to replace each one that goes away. This mechanism can be done administratively rather than have that as a condition

CHAIRMAN CHOI thought if the provision in Article 15 were in place, how is staff inclined to enforce those provisions.

SUSAN PIERCY said all site plans are intended to meet Article 15 and that is what staff looks to when plans are reviewed. If staff does not agree with the applicant they can deny the site plan and the applicant could then appeal to Planning Commission.

COMMISSIONER PETERSON thought the information fairly adiquate to determine what this Commission has to approve this rezoning. He would have appreciated the grade changes and how the land lies, the site issues are one of the more important considerations. He thought the City of Lakewood one of the more rigid cities that enforce Article 15.

COMMISSIONER MARINO wanted to recognize how well this proposal works with the site, but to add a consideration of view corridors.

Motion to approve passed by a unanimous vote 5-0.

APPROVAL OF MINUTES

a) COMMISSIONER MARINO moved to approve the minutes of May 1, 2002. SECOND by COMMISSIONER QUINN. (Lloyd absent)

Motion passed by a 4-0 vote

b) COMMISSIONER MARINO moved to approve the minutes of May 15, 2002. SECOND by COMMISSIONER QUINN. (Lloyd absent)

Motion passed by a 4-0 vote

GENERAL BUSINESS

CHAIRMAN CHOI asked if something could be done to show the Commission referral zones, lines to adjoining properties showing the relationship uphill and downhill

SUSAN PIERCY said the requirements are stated in the zoning codes which refers back to Article 15 as a conceptual site plan.

CHAIRMAN CHOI said when shadow lines and snow melt zones in terms of adjacent property it becomes very important.

INFORMATIONAL ITEMS

CHAD MINOR announced Chad Wakefield will start July 1, 2002.

SUSAN PIERCY asked if they remembered the June 24, 2002 JPRC meeting regarding Rooney Valley as there is much information to come to the Commission.

ADJOURNMENT

There being no other business to come before the Lakewood Planning Commission, the public hearing of June 19, 2002 was adjourned at 8:34 p.m.

Elaine Rosedahl, Secretary to the Planning Commission

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RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION

On June 19, 2002 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No. RZ?02-001 should be recommended for approval.

MOTION was made by COMMISSIONER MARINO and seconded by COMMISSIONER PETERSON to recommend APPROVAL of this request. The motion to APPROVE passed by a 5-0 vote. The role having been called, the vote of the Commission was as follows:

Charles Choi Aye
Tom Quinn Aye
Ken Lloyd Aye
Ed Peterson Aye
Bill Marino Aye

FINDINGS OF FACT AND CONCLUSIONS

WE FIND THAT:

1. Kenneth Breitkreuz has submitted an application requesting a rezoning of the property located at 12305 West Dakota Avenue from the OF (Office) zone district to the PD (Planned Development) zone district; and

2. Notice of the Public Hearing to the fee owners of the property and 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 and school land dedication will not be required for approval; and

8. 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.

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 June, 2002, that Rezoning Case No. RZ?02-001 is hereby recommended for APPROVAL, subject to:

1. That a correction free photomylar be provided to the City prior to this case being scheduled for City Council hearing.

2. The Public Improvements Agreement be signed and returned to the City prior to this case being scheduled for City Council hearing.

3. Restrict parking of heavy equipment from parking on the eastern portion of this site.

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 19th day of June 2002 as the same appears in the minutes of said meeting.

Elaine Rosedahl, Secretary to the Lakewood Planning Commission