Request for Council Action O-2002-36

Request for Council Action O-2002-36 REQUEST FOR COUNCIL ACTION

ORDINANCE: O-2002-36

SUBJECT: Rezoning Case Number RZ-02-003, 1410 Brentwood Street

Rezone a parcel of land located at 1410 Brentwood Street from the OF (Office) zone district to the PD (Planned Development) zone district for the purpose of constructing a 2,160 square foot storage/garage facility.

ADDRESS: 1410 Brentwood Street

RECOMMENDATION:

Staff recommends approval of this rezoning request to allow for the construction of a 2,160 square foot storage/garage facility in conformance with the requirements of the City's Article 15, Site Development Ordinance. At their public hearing on September 18, 2002, Planning Commission by a vote of 6 to 0 recommended approval of this rezoning request.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

The property owner's representative has applied to the City to rezone the property located at 1410 Brentwood Street from the OF (Office) zone district to the PD (Planned Development) zone district. The applicant is requesting the rezoning in order to construct a 2,160 square foot storage/garage facility on the site.

At the public hearing on September 18, 2002, Planning Commission requested that the applicant provide a correction free photomylar to the City prior to this case being scheduled for City Council hearing. The applicant has provided the requested information. As such the rezoning request is ready for City Council action.

DATE OF FIRST READING: October 14, 2002

DATE OF SECOND READING: October 28, 2002

ORIGINATED BY: Rebecca Farrar, Project Manager

STAFF PERSON RESPONSIBLE: Vincent Harris,
Manager of Development Review, 303-987-7516
Rebecca Farrar, Project Manager, 303-987-7522

DOCUMENTS ATTACHED: Planning Commission Staff Report
Ordinance O-2002-36
Minutes from the September 18, 2002
Planning Commission meeting
Resolution from the September 18, 2002
Planning Commission meeting

SUBMITTED BY:
Rebecca Farrar, 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

FROM: Rebecca Farrar, Project Manager

DATE: September 10, 2002

PC Date: September 18, 2002

SUBJECT: Zoning Case No. RZ-02-003
1410 Brentwood Street, CW Drywall Inc.

APPLICANT: Margaret Anderson, Owner's Representative

REQUEST: Rezone existing property from the OF (Office) zone district to the PD (Planned Development) zone district for the purpose of constructing a 2,160 square foot garage/storage building.

HISTORY / BACKGROUND

The property owner's representative has applied to the City for a rezoning request to rezone the property located at 1410 Brentwood Street from the OF (Office) zone district to the PD (Planned Development) zone district. The applicant is requesting the rezoning in order to construct a 2,160 square foot garage/storage building on the property. The property is approximately 10,041 square feet in size. The proposed use is for storage. The property currently has an existing office on site. An Official Development Plan (ODP) has been submitted with the rezoning request as well as a conceptual site plan illustrating how the proposed rezoning could facilitate the further development of the property.

SURROUNDING ZONING SURROUNDING LAND USE

NORTH 5C (Large Lot Commercial) Hair Salon
SOUTH OF (Office) Used Car Sales
EAST 4R (Medium Attached Residential) Single Family Homes
WEST OF (Office) Office Use

AGENCY REVIEW

West Metro Fire Protection Agency
Consolidated Mutual Water District
Lakewood Sanitation District
Public Service Company
AT&T Cable*
Qwest *
13th Avenue Citizens Coalition*
Eiber Neighborhood*
Colfax Community Association*
Two Creeks Neighborhood Organization*

*No replies received as of August 23, 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 does 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:

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. Sufficient land zoned for proposed use does not exist."

A. The proposed zoning is adjacent to residential uses along the east property line. There is an office building located to the west. The property to the south operates a used car business and is an approved Non-Conforming Use (NCU). The property to the north of the site is a hair salon. The proposal will buffer the neighborhood to the east and will provide a landscaped area adjacent to those homes. There are no residential properties in this immediate vicinity along Brentwood and this proposal will not disrupt the integrity of any residential neighborhood.

B. The proposal has been designed to be compatible with the surrounding neighborhood. Buffering will be provided along the east property line to screen this site from the adjacent single family residential uses. The proposed office and storage uses of this project are compatible with the adjacent office and commercial land uses and zoning districts in the area.

C. 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 office and commercial uses of the area.

D. Staff believes that this project does provide a positive contribution to the area. Landscaping and a curb will be provided along Brentwood Street and substantial buffering will be provided to the adjacent neighborhood to the east.

E. The use as proposed does not meet the requirements of the OF Zone District in that the current office standards only permit 10% of the total gross floor area of the property to be used for accessory storage. In order for the owner to continue and expand his business on the property, he needs greater than 10% storage. The applicant is proposing approximately 20% with this rezoning proposal. The proposed use will fit into the newly proposed Trade and Technical Ordinance recently recommended for approval by the Planning Commission. The Trade and Technical Ordinance has not yet been submitted to or approved by the Lakewood City Council. As such, the City is not allowed to administratively approve the request for additional storage on site until that occurs. Under the newly proposed Trade and Technical Ordinance, the standards would permit 50% of the total gross floor area of the property to be used for accessory storage. The owner is requesting to rezone the property to PD in order to continue to improve his business in the City of Lakewood. There is not a sufficient amount of land zoned PD that appropriately fits the proposed use.

Ø The Comprehensive Plan addresses Revitalization and Economic Development on page 15. The goal is "To promote economic vitality, local employment and revitalization of commercial and industrial areas." Policy A of this section states: "Attract low-impact, clean industrial or service firms which will improve employment opportunities for Lakewood's residents." The proposed use of the property will allow for the continued employment of Lakewood residents and the provision of services for citizens of Lakewood. The impact on the adjacent neighborhood will be minimal as customers typically do not visit the premises.

Ø Additionally, the property is located within the Eiber Neighborhood and the Colfax Overlay Zone and is therefore subject to review under the Eiber Neighborhood Plan and the objectives in the West Colfax Revitalization Plan. The Eiber Neighborhood Plan analyzes land uses within the boundaries of Colfax Avenue, Wadsworth Boulevard, 6th Avenue and Oak Street and identifies desired land uses as the area continues to develop. The Eiber Neighborhood Vision Statement states "Promote improvement of the maintenance, appearance, and quality of commercial and multifamily properties." Staff believes that the proposal improves the overall maintenance, appearance and quality of the property. Furthermore, the Eiber Neighborhood Plan addresses goals for business corridors: "Encourage the revitalization of the Colfax Avenue and Wadsworth Boulevard corridors in ways that minimize impacts on the neighborhood." The property is in close proximity to Colfax Avenue, as it is located in the Colfax Overlay Zone and is adjacent to commercial and office uses. The West Colfax Revitalization Plan objectives applicable to this proposal on page 12 state "To promote economic development, redevelopment and revitalization of the West Colfax Corridor." This will be achieved on the proposed site as substantial improvements will occur. Moreover, one of the plan objectives states on page 30 "Attract new business to West Colfax". This business is not new to the City of Lakewood but is new to the Colfax area. This proposal not only allows the City to retain a small business owner and an employer, but will permit the business to revitalize and improve the site.

Ø This proposal does provide for a desired land use along Brentwood Street. The project offers appropriate buffering from the adjacent neighboring properties. This development will enhance the area by providing landscaping and curbing along Brentwood Street. The project is required to meet the City's Article 15 Site Development Standards. If the rezoning is approved, the applicant will be required to submit a lot line adjustment plat as well as a site plan in accordance with Article 15 for administrative review. A conceptual site plan has been provided with the rezoning application to illustrate how the property could facilitate the proposed development. This proposal will allow the City to retain a viable business and create opportunities for future business.

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 (1) promote the health, safety or welfare of the inhabitants of the City of Lakewood; (2) promote the purposes of the Zoning Ordinance; (3) the proposal should be compatible with the surrounding uses; (4) 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 zoning and land use for this property is compatible with the adjacent land uses. The adjacent parcels to the north, south and west are commercial and office uses respectively. Though the properties to the east are residential, this development will provide the proposed buffering so that the impact to the properties will be minimized. The proposed uses are in substantial conformance with the goals and policies outlined in the Lakewood Comprehensive Plan, West Colfax Revitalization Plan and Eiber Neighborhood Plan.

3. Utilities:

This proposal was referred to all of the appropriate agencies. No adverse comments have been received by the utility agencies as a result of the outside referral.

4. Layout and Access:

The property will have access to Brentwood Street. The site has been designed so that a portion of the parking area will be located to the west of the existing office building. Additional parking will be located to the rear of the existing building. The site plan that is part of the ODP is a conceptual site plan that includes a landscape plan. The required buffering will meet the Article 15 Standards.

5. Article 15, Site Development Ordinance:

A conceptual site plan has been submitted for review with the rezoning. It is attached for your reference to illustrate that the applicant is able to meet the minimum site requirements and the proposed ODP. A Final Site Plan has been submitted for concurrent review with this rezoning application. Should the rezoning application be approved, the site plan may be approved.

6. Engineering Studies:

A final grading and erosion control plan has been required with the Final Site Plan application. This plan has been approved by the City of Lakewood Engineering Division.

7. Public Improvements:

No public improvements are required with this rezoning proposal.

8. Parkland Dedication Requirement:

A parkland dedication is not required for this proposal.

9. School Land Dedication Requirement:

A school land dedication is not required for this proposal.

10. Neighborhood Impact:

The use is compatible with the neighboring uses. An office use exists in the OF zoned building to the west. The property to the south is zoned OF and currently operates a used car sales business with an approved NCU. The property to the north is zoned 5C and operates a hair salon. The properties east of the site are zoned 4R and have single family homes that will be adequately buffered from the proposed use by the requirement for the project to provide a landscaped buffer adjacent to these homes. No traffic from this site will access through a residential neighborhood. It is staffs' opinion that the impact to the neighborhood by this development is minimal.

11. Economic Development:

The proposed rezoning is supported by the City's Economic Development Division. This proposal not only allows the City to retain a small business owner and an employer, but will permit the business to revitalize and improve the site.

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, West Colfax Revitalization Plan and with the Eiber Neighborhood Plan.

PUBLIC COMMENT

A neighborhood meeting was conducted on November 20, 2001. No citizens attended. Staff has received no phone calls or inquiries regarding the proposal.

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.

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. Margaret Anderson, authorized agent for the property owner has submitted an application requesting a rezoning of the property located at 1410 Brentwood Street 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 not required with this proposal; and

7. Parkland dedication will not be required for the rezoning approval; and

8. School land dedication will not be required for the rezoning approval; 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) Sufficient land zoned for the proposed use does not exist."

10. The proposal meets the applicable goals and policies of the Eiber Neighborhood Plan by promoting the improvement of the maintenance, appearance, and quality of commercial
properties.

11. The proposal meets the applicable goals and policies of the West Colfax Revitalization Plan by
promoting economic development, redevelopment and revitalization of the West Colfax Corridor as well as attracting/retaining businesses in the Colfax area.

AND

That the Planning Commission recommends that the City Council APPROVE zoning Case No.
RZ-02-003 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.

Attachments: Official Development Plan
Conceptual Site Plan
Site Location Map
Neighborhood Meeting Summary

cc: RZ-02-003 : Vince Harris, Susan Piercy, Toni Spurgeon, Tim Doherty, Margaret Anderson

1. Rezoning Case No. RZ-02-003 Rezoning
Margaret Anderson
1410 Brentwood Street

Rezone from OF (Office) to PD (Planned Development) for a building addition

MARGARET ANDERSON, from Tomas Lang Architects, informed the Commission that the site is located south of Colfax and west of Wadsworth. The existing building will be kept as is, but they will bring the site up to the existing zoning standards with parking and landscaping. The proposed small building addition is for material storage and vehicle parking during the evening hours for this drywall company. Ms. Anderson did not know of any opposition to this rezoning request.

REBECCA FARRAR entered into the record the staff report, case file, Zoning Ordinance and Comprehensive Plan. She then reviewed her staff report and asked Planning Commission to approve this rezoning request.

COMMISSIONER QUINN wanted to know if the existing fence will remain.

MARGARET ANDERSON said yes.

COMMISSIONER LLOYD asked if all the residents surrounding this property were notified?

REBECCA FARRAR said the standard notification policy of a 500-foot radius for neighbors and property owners, and 1000-feet for homeowners associations was followed and all were notified.

COMMISSIONER HOLLEN wanted to know if hazardous materials will be stored in this new facility?

MARGARET ANDERSON said this is a drywall company and they will store drywall sheets, and mud, none of which is hazardous.

COMMISSIONER MARINO noticed the neighborhood meeting had no attendees and wanted to know if homeowners and residents were notified?

SUSAN PIERCY answered, both are notified.

COMMISSIONER PETERSON noticed an underground drainage pipe located under the proposed building and wanted to know if it will be relocated?

MARGARET ANDERSON said it will be relocated and they have a letter from the owners of the pipe stating the proposed relocation is acceptable.

CHAIRMAN CHOI noticed the row of cottonwood trees and asked if they are located on the east of the alley way?

MARGARET ANDERSON said most of the cottonwoods remain on the site, however, the trees on the eastern portion are on adjacent properties. The trees on this site are smaller and Article 15 will be satisfied.

REBECCA FARRAR added, this is a Conceptual Site Plan and it has to meet Article 15 requirements.

COMMISSIONER MARINO, moved on Case No. RZ-02-003 that Planning Commission recommend approval of this rezoning subject to the one condition stated in the staff report. SECOND by COMMISSIONER PETERSON.

Motion passed by a unanimous vote 6-0.

RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION

On September 18, 2002 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No. RZ?02-003 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 6 to 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
Andrea Hollen Aye

FINDINGS OF FACT AND CONCLUSIONS

WE FIND THAT: