|
|
|
 |
ORDINANCE: O-2009-7
SUBJECT: Ordinance Amendment: OA-08-001 Amend the Zoning Ordinance to repeal the existing Article 19, the West Colfax Avenue Overlay District, and replace it with the new Article 19, the Colfax Mixed Use (CMU) Zone District.
ADDRESS: 480 South Allison Parkway Lakewood, Colorado 80226
RECOMMENDATION: Staff recommends approval of this amendment to the Zoning Ordinance to repeal the existing Article 19 and replace it with the new Colfax Mixed Use (CMU) Zone District. Planning Commission, by a vote of 6 to 0 at the November 19, 2008 meeting, recommended approval of the amendment to the Zoning Ordinance.
FUNDING SOURCE: N/A
SUMMARY AND BACKGROUND OF SUBJECT MATTER: The Colfax Mixed Use (CMU) Zone District is a key implementation step of the West Colfax Avenue Action Plan, adopted as an amendment to the Lakewood Comprehensive Plan by the City in 2005.
The West Colfax Avenue Land Use Regulations Focus Group first began developing the CMU Zone District ordinance in July of 2007. Since that time, the Focus Group met 15 times to first evaluate the current land use and development patterns along Colfax, and then to develop a set of regulations to implement key steps from the West Colfax Avenue Action Plan.
The Focus Group consisted of City Council, Planning Commission and Board of Adjustment members, West Colfax Community Association (WCCA) board members, Colfax business owners, representatives from neighborhoods adjacent to Colfax, and City staff. In addition, the Planning Commission, Focus Group members, and staff met during two study sessions in October to refine the ordinance language.
The following are key provisions of the proposed CMU district:
Additional Emphasis on the Performance-Based Review Process. The Planning Commission, in keeping with their desire to implement the Performance-Based Review Process wherever possible, clearly identified the ability to review a project within a CMU zoned area through the process. The CMU ordinance indicates that flexibility and creativity are key elements of project design. The document includes design standards that shall be met. However, an applicant can demonstrate the ability to achieve a comparable result through the Performance-Based Review Process as an alternative.
Consistent Language Regarding Non-Conforming Commercial Buildings. The non-conforming language for commercial development generally reflects the code language found in Article 16 of the Zoning Ordinance that addresses non-conforming buildings throughout the City. One exception is that uses and structures within the CMU zone areas will be allowed to expand by up to 30 percent of the floor area. This exception is more lenient and flexible than the existing Article 16 language.
Existing Uses Allowed to Remain as Permitted Uses. Existing uses within the proposed boundaries of the zone district would remain as permitted uses. The Focus Group determined that most uses currently existing within the proposed boundaries should remain as permitted uses. The district language was then tailored to address those uses.
Permitted Uses as Identified in the CMU Language. The Focus Group determined that a broad list of uses should be allowed along Colfax and on adjacent streets within the proposed district boundaries. Therefore, the permitted use lists included in the draft language are extensive, and include a wide variety of commercial, office, and residential uses. There are very few Special Uses, which would require Planning Commission approval. The draft language includes only one use, auto sales and leasing, which would terminate if the operation were discontinued for more than 180 days, following adoption of the zoning.
Sub-Districts. The proposed ordinance includes three sub-districts that would be applied along the Colfax Corridor as part of the future rezoning effort. The intent of each sub-district is as follows:
Neighborhood: This sub-district, generally to be located where smaller parcels of property exist, is intended to contain smaller-scale mixed-use and commercial buildings, which are likely to generate a high level of pedestrian activity. These areas are likely to serve a neighborhood-oriented retail and office function, with residential units allowed on upper floors of buildings up to three stories in height.
Community: This sub-district, generally to be located where medium to large parcels of property exist, is intended to contain community-scale mixed-use and commercial buildings, which are likely to generate both pedestrian and vehicular activity. Many parcels within this sub-district are large enough to contain multiple buildings. Residential units within the upper floors of buildings up to five stories in height would be allowed, as well as office and retail uses. Freestanding residential buildings are also permitted.
Roadside: This sub-district, generally located where medium to large parcels of property exist, is intended to contain mixed-use and commercial buildings and activities, which are likely to generate higher levels of vehicular activity, although pedestrian activity will still be likely in these areas. Residential units within mixed-use buildings and freestanding buildings are encouraged in this sub-district, where buildings up to four stories in height would be allowed.
Termination of Motor Vehicle Sales Uses. Although the intent of the proposed CMU zone district is to allow a broad mix of uses along the corridor, the focus group did determine that a very small number of uses should be allowed in one or two, but not all three sub-districts. Some examples are: New Auto Dealerships in the Roadside Sub-District, and New Major Auto Repair in the Neighborhood and Community Sub-Districts. However, there are existing motor vehicle sales uses that would be affected by a provision in the proposed CMU district that would terminate such a use if it is discontinued for a period of one hundred eighty (180) days or more. However, only a small number of the properties along Colfax are affected by this provision. In addition, the ordinance allows the Community Planning and Development Director discretion to extend the discontinuation period as necessary.
Of the 371 properties located within the proposed CMU boundaries, only 18 are or have recently been used for motor vehicle sales. Five of the properties are located within the Roadside Sub-District where motor vehicle sales will remain as a permitted use with no termination provision. Two of the properties are vacant as of the date of this memorandum. Therefore, only 11 properties would be subject to the termination provision.
DATE OF FIRST READING: January 12, 2009
DATE OF SECOND READING: January 26, 2009
ORIGINATED BY: Comprehensive Planning and Research
Community Planning and Development Department
STAFF PERSON RESPONSIBLE: Rob Smetana, Principal Planner, 303-987-7745
DOCUMENTS ATTACHED: Ordinance
O-2009-7
Planning Commission Staff
Report
Planning Commission Minutes
- Draft
Planning Commission Resolution
SUBMITTED BY:
Rebecca P. Clark, Director, Community Planning & Development
Roger Wadnal, Manager, Comprehensive Planning and Research
Rob Smetana, Principal Planner
REVIEWED BY:
Michael J. Rock, City Manager
Joni Inman, Director, Mayor and City Manager's Office
 |
||
Americans with Disability Act (ADA) Notice |
||
