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ORDINANCE: O-2003-3
SUBJECT: Zoning Case No. RZ-02-005
Zoning of a parcel of land located at 780 Indiana Street to the PD (Planned
Development) zone district for the purpose of constructing an automotive dealership
ADDRESS: 780 Indiana Street
APPLICANT: Kent Stevinson, Golden Mesa, LLC
RECOMMENDATION: Staff recommends approval of this zoning request. Planning Commission, by a vote of 6-0 at the December 18, 2002 hearing, recommends APPROVAL 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 Indiana Street and West 7TH Avenue from (Planned Development) and the Jefferson County zone designations A-1 (Agricultural) and R-2 (Residential) to PD (Planned Development) for the development of an automotive dealership. Staff recommends approval of this proposal as outlined in the staff report to Planning Commission dated December 11, 2002. At the Planning Commission hearing of December 18, 2002, the Planning Commission heard testimony from the applicant and staff. Planning Commission by a vote of 5-0, recommends approval of this proposal.
DATE OF FIRST READING: January 13, 2003
DATE OF SECOND READING: January 27, 2003
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-2003-3
Planning Commission Staff Report
Planning Commission Resolution from
December 18, 2002
Minutes of Planning Commission meeting of
December 18, 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
Vince Harris, Manager of Development Review
FROM: Dru Siley, Project Manager
DATE: January 27, 2000
PC Date: December 18, 2002
SUBJECT: Rezoning Case No. RZ-02-005
780 Indiana Street
APPLICANT: Kent Stevinson, Golden Mesa LLC
REQUEST: Approval to zone a parcel of land from PD (Planned Development) and the Jefferson County zone designations A-1 (Agricultural) and R-2 (Residential) to PD (Planned Development) for the development of an automotive dealership.
HISTORY / BACKGROUND
The applicant is requesting to zone approximately 14.84 acres of land located as shown on the attached development plan to PD (Planned Development). The property is vacant with the western 8 acres being part of the City of Lakewood. The remaining easterly 6.8 acres of the subject site are currently part of Jefferson County and are in the process of being annexed into the City of Lakewood (AX02-001, Please refer to the attached annexation plat). In 1994, the City of Lakewood annexed approximately 250 acres of land. Since that time, additional annexations have taken place in the Denver West area, including the auto dealerships and a majority of the Denver West Office Park for a total of 585 acres (a map showing these annexations is attached to this staff report for reference.) Should the Planning Commission recommend approval of this request, the zoning application will move forward together with the annexation petition and ordinance for City Council Review.
SURROUNDING ZONING AND LAND USES
NORTH PD (Planned Development) Colorado Mills Mall
SOUTH PD (Planned Development Commercial) Vacant, Single-Family Residential
EAST Residential Jefferson County Single-Family Residential
WEST PD (Planned Development) Vacant, Stevinson Lexus Dealership
AGENCY REVIEW
Consolidated Mutual Water Dist. Xcel
Northwest Lakewood Sanitation Dist. Pleasant View Metro District *
Pleasant View Water & Sanitation Dist. Jefferson County Planning Department
West Metro Fire Protection Dist.
* No reply received as of January 27, 2000
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 annexation and zoning should only be approved if these goals and policies are met. The Comprehensive Plan encourages the annexation of land for economic and social benefits and if it does not negatively affect residential neighborhoods.
The primary goal in the Commercial Land Use section of the Comprehensive Plan is to: "To structure new commercial development, restructure existing retail strips, and preclude spread of strip development by clustering commercial uses."
Proposed annexations to the City of Lakewood in the west and northwest areas of Jefferson County also need to be reviewed for consistency with the adopted Three Mile Plan-in-Place. This plan is composed of the Lakewood Comprehensive Plan, the Jefferson County General Land Use Plan and local area plans. In the case of the northwest area, there are no specific area plans, therefore the overall Jefferson County Plan is used for guidance. This plan includes discussion of activity centers and states that the intent of activity centers is to "promote areas of intense and diverse development." Activity centers are to "provide a focal point for communities fostering more efficient travel patterns and preventing the spread of high impact land uses throughout the community."
The zoning and annexation of this parcel will allow a logical development of the Denver West Regional Shopping Center, that includes Colorado Mills Mall, the Denver West Village and the existing Stevinson auto dealerships, in that it will even out the perimeter boundaries of the commercial area and allow for a more logical development of the commercial property.
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 PD with an Official Development Plan (ODP) that matches the existing ODP that surrounds the property on three sides (Please refer to the attached vicinity map that shows the zoning in the area). The uses permitted for the subject property are the same as the surrounding zoning on the north, west and south sides of the property and are subject to design scrutiny of the Denver West Architectural Control Committee (DWACC). Hence, this proposal is compatible with the surrounding land uses. The eastern side of the proposed development is adjacent to a residential neighborhood. As part of the proposed commercial development significant landscape buffering and fencing is to be provided on the eastern side of the property nearest to the adjacent residential neighborhood. The proposed development will also contribute to improving the health, safety and welfare of the inhabitants in the area by providing curb gutter and an 8-foot detached sidewalk along the Indiana Street and 7TH Avenue frontages that improves pedestrian accessibility and safety in the area. Also, the driveways accessing the site on 7TH Avenue have been designed in a manner that prevents delivery vehicles to the subject site from accessing the neighborhood. All large vehicle traffic when leaving the site is directed back to Indiana Street, thus minimizing the impact of this type of traffic on the neighborhood to the East.
3. Infrastructure and Utilities: The utility agencies have reviewed this proposal and do not oppose the rezoning request. All utilities will be provided to the proposed dealership.
4. Layout and Access: The property is currently undeveloped. The conceptual site plan that is part of this zoning request proposes a structure that is located closest to the Indiana Street frontage, furthest away from the adjacent residential neighborhood. Access to the site is provided with one driveway on Indiana Street and two driveways on 7TH Avenue. The driveways on 7TH Avenue have been designed in a manner that prevents delivery vehicles from accessing the neighborhood when leaving the subject site.
5. Engineering Studies: A preliminary drainage study, preliminary street construction plans and a grading and erosion control plan were submitted in conjunction with this zoning request. These plans have all been approved.
6. Public Improvements: Public improvements are required for along the 7TH Avenue and Indiana Street frontages. A public improvement agreement for this development is required. These improvements include curb, gutter and an 8-foot detached sidewalk on 7TH Avenue and the a 8-foot detached sidewalk on Indiana Street. Curb and gutter were previously installed along Indiana Street with the development of Colorado Mills Mall.
7. Parkland and School Land Dedication Requirement: Neither parkland nor school land dedication will be required as this is proposed as a commercial development.
8. Neighborhood Impact: This property is surrounded on three sides by properties zoned for commercial development and/or currently functioning as commercial property. The proposed zoning of this property is PD with an Official Development Plan (ODP) that matches the existing ODP that surrounds the property. The uses permitted for the subject property are the same as the surrounding zoning on all but the easterly side of the subject site. Landscaping buffering, building location and traffic access have all been proposed in such a manner as to minimize impact on the adjacent neighborhood east of the subject property.
Summary of Analysis:
Staff believes that the proposed zoning is compatible with the surrounding zoning and land uses and meets the goals and policies as described in the Lakewood Comprehensive Plan.
PUBLIC COMMENT
A neighborhood meeting was conducted in November 2000. A number of meetings have occurred since that time with individual neighbors, Homeowner Associations, the 8TH Avenue Traffic Calming Committee and the Denver West Architectural Control Committee regarding the proposed development.
NOTIFICATION/SLIDES
Notice of the public hearing was mailed to the residents and the property owners within 500 feet of the proposed zoning as well as registered homeowner associations within 1,000 feet as required by the Lakewood Zoning Ordinance. Slides 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 zoning of the subject property. Therefore, the City of Lakewood staff recommends that the Planning Commission find that:
1. Kent Stevinson of Golden Mesa LLC has submitted an application to zone approximately 14.8 acres of land to PD (Planned Development); and
2. Notice of the Public Hearing to the fee owners of the property and residents within 500 feet and neighborhood associations within 1,000 feet were 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 nor 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) Zoning this property PD will strengthen the existing commercially zoned property and encourage coordination of design for future redevelopment of existing properties.
b) The zoning and annexation of this parcel will allow improvement to the parcel to be coordinated with the adjoining property
AND
That the Planning Commission recommend that the City Council APPROVE zoning Case No. RZ-02-005 subject to:
1. The applicant shall provide a signed correction free photographic mylar of the ODP before the case is heard by the Lakewood City Council.
Attachments: Stevinson Toyota ODP
Annexation Plat
Stevinson Annexation Map
Notice and Vicinity Map
cc: RZ-02-005
Kent Stevinson, Golden Mesa LLC
Greg Stevinson, Denver West Architectural Control
Vince Harris, City of Lakewood
Karen Lind, Elk Valley Corporation
Doug Reed, Fine Line Consulting
RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION
On December 18, 2002 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No. RZ-02-005 should be recommended for approval.
MOTION was made by COMMISSIONER QUINN and seconded by COMMISSIONER MALM to recommend APPROVAL of this request. The motion to APPROVE passed by a 5 to 0 vote. The role having been called, the vote of the Commission was as follows:
Charles Choi Aye
Tom Quinn Aye
Ed Peterson Aye
Bill Marino Aye
Ed Peterson Aye
FINDINGS OF FACT AND CONCLUSIONS
WE FIND THAT:
1. Kent Stevinson of Golden Mesa LLC has submitted an application to zone approximately 14.8 acres of land to PD (Planned Development); and
2. Notice of the Public Hearing to the fee owners of the property and residents within 500 feet and neighborhood associations within 1,000 feet were 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 nor 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) Zoning this property PD will strengthen the existing commercially zoned property and encourage coordination of design for future redevelopment of existing properties.
b) The zoning and annexation of this parcel will allow improvement to the parcel to be coordinated with the adjoining property
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 18th day of December, 2002, that Rezoning Case No. RZ?02-005 is hereby recommended for APPROVAL, subject to:
1. The applicant shall provide a signed correction free photographic mylar of the ODP before the case is heard by the Lakewood City Council.
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 18h day of December, 2002 as the same appears in the minutes of said meeting.
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
2. CASE NO. RZ-02-005 REZONING
Stevinson Auto Dealership
780 Indiana Street
Rezone from PD (Planned Development) A-1 (Agricultural) and R-1 (Residential)
to PD (Planned Development)
KENT STEVINSON, President of Stevinson Automotive Group, 1546 Cole Blvd., Suite 100, Lakewood, 80401, gave a brief review of the proposal, and then introduced Bruce McClennin, Architect for the project.
BRUCE MC CLENNIN, 677 So. Colorado Blvd., Denver, 80246, pointed to the map showing the adjacent zoning and described the traffic strategy. He then said the lighting for the retail does not penetrate the neighborhood, and the structure scale has been cut way down with the outside of the building in natural stone and stucco. He then made himself and the Stevinson team available for questions from the Commission.
DRU SILEY reviewed his staff report and slides, and then asked the Planning Commission to approve this rezoning.
COMMISSIONER QUINN wanted to know if there were traffic problems associated with this proposal?
FRED LANTZ, 13335 72nd Circle, Arvada, Traffic Manager for this project, said the dealership and associated traffic is already in the area. This proposal moves the dealership south with the access off of Indiana, and 7th and Indiana, designed for traffic to get in and out on the Indiana side without penetrating the neighborhood. There will be additional traffic because the site is bigger, however, that has been taken into account with the roadway improvements presently constructed.
COMMISSIONER PETERSON wanted the lighting plan expounded upon.
KENT STEVINSON said they have chosen flat fixtures opposed to the bubble fixture allowing for the dissipation of the light to stay pointed at the retail and not the neighborhood. The newer fixtures also soften the light.
COMMISSIONER PETERSON asked if a photo-metric study was done on the property.
DRU SILEY answered, not at this time, this is a rezoning with a conceptual site plan and the photo-metric study will be required at a later date with the final site plan.
COMMISSIONER MARINO wanted to know if the annexation will be complete prior to final approval or by a separate application?
DRU SILEY said the application for the intent to annex has to be approved prior to notification of the Planning Commission public hearing and then the ordinance for annexation and rezoning will go to City Council together.
COMMISSIONER MALM wanted to know why the annexation does not come to Planning Commission?
DRU SILEY said the annexation goes through the City Council process but not the Planning Commission process.
COMMISSIONER MALM said that annexations have always come before the Planning Commission.
Ordinance does not require annexations to come before the Planning Commission.
It is the Planning
Commission's job to review the use on the property.
COMMISSIONER QUINN pointed to a typographical error on page 5, number 7, as it should read: "Neither parkland dedication nor school land dedication…"
DRU SILEY said staff will make the correction.
COMMISSIONER QUINN, based on the information in the staff report and the testimony presented at the public hearing, moved that the Planning Commission recommend the City Council approve Rezoning Case No. RZ-02-005, subject to the one condition listed in the staff report. SECOND by COMMISSIONER MALM.
Motion approved by a unanimous vote 5-0.
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