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ORDINANCE: O-2003-5
SUBJECT: Rezoning Case Number RZ-02-008
Rezone a parcel of land located at 1400 Fenton Street from the 4-R (Medium Density Attached Residential) zone district to the PD (Planned Development) zone district for the purpose of legalizing the existing use and for the potential future expansion of the existing car wash.
ADDRESS: 1400 Fenton Street
RECOMMENDATION: Staff recommends approval of this rezoning request for the purpose of legalizing the existing use and for the potential future expansion of the existing car wash. Planning Commission, by a vote of 7-0 at the January 15, 2003 hearing, recommended APPROVAL of this request by City Council.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: The property owner has applied to the City to rezone the property located at 1400 Fenton Street from the 4-R (Medium Density Attached Residential) zone district to the PD (Planned Development) zone district. The applicant is requesting the rezoning for the purpose of legalizing the existing use and for the potential future expansion of the existing car wash. The property is approximately 16,670 square feet in size. 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 proposed buildable footprint be shown on the conceptual site plan; and Condition 3: A reference to the Lakewood Municipal noise ordinance be added to the general provisions. These conditions have been met and the case is now ready for City Council review.
DATE OF FIRST READING: February 10, 2003
DATE OF SECOND READING: February 24, 2003
ORIGINATED BY: Kara Mueller, Project Manager, 303-987-7982
STAFF PERSON RESPONSIBLE: Vincent Harris, Manager of Development Review, 303-987-7516
Kara Mueller, Project Manager, 303-987-7982
DOCUMENTS ATTACHED: Ordinance O-2003-5
Planning Commission Staff
Report This is a long document and will take some time to download.
Vicinity Map
Minutes from the January 15, 2003 Planning Commission meeting
Resolution from the January 15, 2003 Planning Commission meeting
SUBMITTED BY:
Kara Mueller, Planner I
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
2. CASE NO. RZ-02-008 REZONE
FENTON CAR WASH
1400 Fenton Street
Rezone existing legal non-conforming car wash from the 4-R (Medium Density Attached Residential) zone district to the PD (Planned Development) zone district for the purpose of legalizing the existing use and for the potential future expansion of the existing car wash
RICHARD MILLER, 143 Union Blvd., introduced the applicant and gave a brief history of the property and added, since Mr. Al-Anazi purchased the property in 1999 there have been constant upgrades in the making of this successful business. Mr. Miller then made himself and the applicant available for questions from the Commission.
KARA MUELLER entered into the record the Comprehensive Plan, Zoning Ordinance, West Colfax Revitalization Plan, Molholm Area Plan, staff report and slides. She then reviewed her staff report and asked Planning Commission to approve this rezoning.
KAREN IRVIN, 1407 Chase St., supported the applicant and said he has been a wonderful addition to the neighborhood. She pointed to the surrounding residential homes and wanted the residential setbacks protected. She was concerned that the proposed bay furthest to the west violates the residential setback and wanted a plan that would comply with the existing setback criteria. Ms. Irvin said they are excited with the rest of the plan and look forward to the future upgrades.
TOM TERAN, 1401 Eaton St., said the applicant keeps a clean place and is a nice guy.
JAMES VINCENT, 1411 Fenton St., thought the whole neighborhood looks better because of what this applicant has already done.
COMMISSIONER MALM wanted to know how far into the residential setback the west bay extends?
KARA MUELLER pointed to the map that showed the 28-foot residential setback required along a local street when there are no curb/gutter improvements, and as in this case setbacks are typically measured from the edge of asphalt. Approximately two-thirds or seven to eight-feet of the proposed bay extends into the residential setback. This use is, however, a commercial use and the commercial setback of 20-feet would be more appropriate.
COMMISSIONER PETERSON referred to page 4 of 5 on the ODP landscaping plan, and wanted to know how the landscaping would be installed if no curb and gutter is required along the right-of-way?
KARA MUELLER said Article 15 would apply, however, public improvements such as sidewalks are not required with this proposal.
SUE PIERCY added, staff would work with the applicant to install the appropriate type of edging to help insure compliance with the Article 15 Site Plan requirements, and allow the landscape materials to be properly maintained.
COMMISSIONER PETERSON wanted to see a building envelope.
KARA MUELLER answered, staff could make that a requirement.
COMMISSIONER LLOYD referred to page 2 of the ODP, wanted to know the front, rear and side setbacks, and how it fits with what is written on page two?
KARA MUELLER said the minimum setback from the front lot line would be ten-feet, however, it is measured from the lot line, which along with the required perimeter landscape area, adds up to approximately twenty-feet to edge of asphalt, which is the standard setback for commercial uses of this size and type.
COMMISSIONER HOLLEN said she was impressed with how well the business was maintained, however, while on a site visit two customers were blaring their car stereo's, therefore, she wanted to know how the noise will be addressed?
KHALED SAAD AL-ANAZI, 5004 W. 92nd Ave., Westminister, did not think he could eliminate the noise completely, but thought it could be kept down with an attendant on duty during most of the operating hours.
COMMISSIONER MARINO, based on the staff report and testimony at this hearing, moved Planning Commission recommend City Council approve Rezoning Case No. RZ-02-008, subject to the one condition in the staff report, with the inclusion noting the building footprint on the plan, plus including a maximum noise requirement on the ODP. SECOND by COMMISSIONER PETERSON.
COMMISSIONER PETERSON suggested using the current existing decibel level under the City Ordinance as the standard.
SUE PIERCY added, staff would reference the Noise Ordinance in the Municipal Code.
COMMISSIONER MARINO thought this application performs well for this neighborhood as well as respecting the neighbors.
Motion passed by a unanimous vote 7-0.
RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION
On January 15, 2003 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No. RZ?02-008 should be recommended for approval.
MOTION was made by COMMISSIONER MARINO and seconded by COMMISSIONER PETERSON to recommend APPROVE of this request. The motion to APPROVE passed by a 7 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
Bunny Malm Aye
FINDINGS OF FACT AND CONCLUSIONS
WE FIND THAT:
1. Khaled Saad Al-Anazi has submitted an application requesting a rezoning of the property located at 1400 Fenton Street from the 4-R (Medium Density Attached Residential) 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 one letter was received from Molholm/Two Creeks neighborhood, a copy has been attached for your information; 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 with this proposal; and
8. School land dedication will not be required with this proposal; 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.
Lakewood Planning Commission Resolution
c) Would not be considered spot zoning.
d) Makes a positive contribution to the surrounding area and the City.
10. The proposal meets the goals and policies of the West Colfax Revitalization Plan and the Molholm Area Plan by buffering the adjacent neighborhood, providing landscaping along Fenton Street and 14th Avenue and proposing design and architectural criteria that are compatible with the surrounding properties.
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 January, 2003, that Rezoning Case No. RZ?02-008 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 proposed buildable footprint be shown on the conceptual site plan.
3. A reference to the Lakewood Municipal noise ordinance be added to the general provisions.
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 January, 2003 as the same appears in the minutes of said meeting.
Approved
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
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