Untitled Document

REQUEST FOR COUNCIL ACTION

ORDINANCE:  O-2009-19

SUBJECT:  Legislative Rezoning RZ-09-001  

Request to rezone parcels of land located within the Colfax Lakewood Reinvestment Authority boundaries, except those currently zoned transit mixed use, through a legislative re-zoning from the parcels’ current zone district classifications to the Colfax mixed use (CMU) zone district.

ADDRESS:  480 South Allison Parkway Lakewood, Colorado 80226

RECOMMENDATION:  The   Planning Commission, by a vote of 7 to 0 at the April 15, 2009 meeting, recommended APPROVAL of Case Number RZ-09-001.  Staff recommends approval of Case Number RZ-09-001.  

FUNDING SOURCE:  N/A

SUMMARY AND BACKGROUND OF SUBJECT MATTERThe City of Lakewood has initiated the legislative rezoning process to allow for redevelopment in those areas along Colfax Avenue within the existing Lakewood Reinvestment Authority boundaries, with the exception of those areas currently zoned Transit Mixed Use (TMU). 

The City, through the Colfax Mixed Use (CMU) Zone District, is providing flexibility and accommodating private investment and economic activity in areas that will likely experience increased development pressure, due to proximity to the West Corridor light rail line and renewed interest in the Colfax Avenue corridor through the Denver metropolitan area.  This effort will afford property owners and developers along the Colfax Avenue corridor additional opportunities for development and redevelopment that do not exist under the current zoning.  The CMU zone district will allow for residential, office, commercial, and mixed-use development within the rezoned areas.  At the same time, this effort will help limit the impacts of this activity on the neighborhoods outside of the rezoning boundaries by providing stability and buffering to the surrounding residential properties.

The CMU Zone District is a key implementation step of the West Colfax Avenue Action Plan, adopted by the City in 2005.

On November 19, 2008, the Planning Commission recommended approval of the CMU Zone District language to the City Council.  On January 26, 2009, the City Council adopted the CMU language as Article 19 of the Lakewood Zoning Ordinance.  The CMU language replaces the previous Article 19, which was the West Colfax Avenue Overlay District. 

The legislative rezoning process is distinguished from a routine quasi-judicial rezoning, per Section 17-17-8 of the Lakewood Zoning Ordinance, by the following:

  1. The rezoning affects a large number of properties and the proposed rezoning is not applicable only to a specific individual or readily identifiable group of individuals;
  2. It would be inefficient, cumbersome, and unduly burdensome on the resources of the City to rezone the potentially affected properties on a site-by-site basis; and
  3. The rezoning is prospective in nature and reflects public policy of a permanent or general character impacting the City on a scale greater that at the individual property level.

The proposed CMU legislative rezoning action would encompass more than 370 properties, making it inefficient, cumbersome, and unduly burdensome to rezone the affected properties in a quasi-judicial manner.  The proposed legislative rezoning reflects public policy on a scale greater than an individual property, as articulated in the West Colfax Avenue Action Plan.

Additionally, the proposed legislative rezoning would implement the specific goals and objectives of the adopted West Colfax Avenue Action Plan, which is part of the City’s Comprehensive Plan.  The proposed legislative rezoning promotes the health, safety and welfare of City residents, and the public interest, by allowing for orderly and controlled development.

The actions requested as part of this process are the same as those the City undertook with the Transit Mixed Use (TMU) legislative rezoning in 2007.

DATE OF FIRST READING:  April 27, 2009

DATE OF SECOND READING:  May 11, 2009

ORIGINATED BY:      Comprehensive Planning and Research
                                     Community Planning & Development

STAFF PERSON RESPONSIBLE:  Rob Smetana, Principal Planner 303-987-7745

DOCUMENTS ATTACHEDOrdinance O-2009-19
Planning Commission Staff Report
Attachment A – Planning Commission Motion
Attachment B – Colfax Mixed Use District Maps
Attachment C – Colfax Mixed Use Legal Description
Attachment D – Inclusion Parcel Map
Attachment E – Planning Commission Resolution
Attachment F – Planning Commission Presentation
Attachment G – Planning Commission Minutes

SUBMITTED BY:
Rob Smetana, Principal Planner, Comprehensive Planning and Research
Roger Wadnal, Manager, Comprehensive Planning and Research
Rebecca P. Clark, Director, Community Planning and Development

REVIEWED BY:
Joni Inman, Director, City Manager’s Office
Michael J. Rock, City Manager