PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

Transcription

1 To: From: Planning and Zoning Commission John Hilgers, Planning Director Alice Hanson, Senior Planner Meeting Date Agenda Category Agenda Item # September 26, 2016 Commission Business 4.b 1. Public Hearing on proposed MidCities Filing No. 4 Replat A Lot 1, Block 1 (Popeyes) Site Development Plan Property Location: West of the Southwest Corner of Zang St. and W. Flatiron Crossing Drive (64 W. Flatiron Crossing Drive) Applicant: HZ Props RE, LTD Owner: HZ Props RE, LTD 2. Consideration of Resolution No , Regarding the Application Summary Agenda Title: The applicant, HZ Props RE, LTD, is requesting approval of a site development plan for a drive-through restaurant on 1.09 acres. The proposal includes a 2,297 square foot building with 41 parking spaces and landscaping associated with the proposed Popeyes drive-through restaurant. The proposed restaurant will have primary access to W. Flatiron Crossing Drive via an existing shared access drive at the northeast corner of the site. A second point of access will be provided to the site from a private east/west drive on the south side of the property. The applicant is requesting variances from the Broomfield Municipal Code and MidCities Planned Unit Development (PUD) Plan to reduce the setback for the building and the parking and to reduce the parking stall length. Proposed Resolution No would recommend approval of the site development plan. Prior Council Action The property was annexed into Broomfield on June 30, 1998, with the adoption of Ordinance No City Council approved the MidCities PUD Plan and Preliminary Plat with the adoption of Resolution No on June 30, City Council approved the Second Amendment to the MidCities PUD Plan and Preliminary Plat which expanded the PUD area in a westerly direction with the adoption of Resolution No on January 9, City Council approved the Building 4 at MainStreet At Flatiron Site Development Plan approved by Resolution No on July 21, Financial Considerations The proposal is consistent with the land use assumptions in Broomfield s Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards: o Recommend the City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards: o Postpone action on the resolution and continue the hearing to a date certain; or o Recommend the City Council deny the application. Proposed Actions/Recommendations PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM City and County of Broomfield, Colorado Hold the scheduled public hearing. Following and subject to the results of the public hearing, the Commission may either Adopt Resolution No. PZ recommending approval with or without conditions; or Adopt Resolution No. PZ recommending denial.

2 Page 2 I. SUMMARY OF APPLICATION The application is a proposed Popeyes drive-through restaurant on the lot next to the pedestrian bridge over West Flatiron Crossing Drive. The plan includes a 2,297 square foot building with 41 parking spaces. The site will have access to West Flatiron Crossing Drive via an access drive shared with Taco Bell. Access to Zang Street and Summit Boulevard will be provided by a shared east/west private drive along the south side of the site. Property Owner and Applicant The property owner and applicant is HZ Props RE, LTD. Concept Review A Concept Review on the proposed project was considered at a City Council study session on April 19, Comments supported the use. Suggestions were made to add outdoor seating and functional bike racks which have been addressed in this application.

3 Page 3 II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT Zoning The site is zoned PUD with an Interchange Influence Area (IIA) overlay. The MidCities PUD provides the framework for a mix of restaurant, retail, office, hotel, recreation, entertainment, services and residential uses. The number of residential units permitted in the MidCities PUD is currently 1,201 units. Restaurants with drive-through facilities are permitted in the MidCities PUD. The IIA zoning is an overlay on the existing PUD zoning and is intended to encourage and foster high quality development in the area. Development within the IIA zoning overlay are required to comply with development requirements for the area including requirements related to landscaping, building design, materials, signs, and fences. The proposed site development plan complies with these development requirements. Previously Approved Development Plans The subject site was included in the Building 4 at Mainstreet At Flatiron Site Develoment Plan approved by the City Council on July 21, The plan included a 19,600 square foot building for in-line retail. The building was not constructed as approved and the lot was subdivided in 2014 into two lots. A Taco Bell has been constructed on the eastern lot and the Popeyes is proposed on the western lot.

4 Page 4 Status of the Development MidCities is designed for a mixture of commercial, retail, service, and residential uses that support each other and the surrounding area. The following map and chart show the progress of development since 2000 when construction of the MidCities area began Summary Status of Development for MidCities September 2016 Project Parcel Location Land Use Status Acres Renaissance Suites at 500 Flatiron Boulevard Hotel Complete 4.0 Flatiron Staybridge Suites Marriott Towne Place Suites Hilton Garden Inn MainStreet at Flatiron Residence Inn and Fairfield Suites Southwest corner of Interlocken Loop and Flatiron Boulevard Hotel Concept Review No Construction 480 Flatiron Boulevard Hotel Complete 2.98 Southwest corner of Zang Street and Flatiron Blvd. East and West of Zang Street and South of Flatiron Crossing Drive Hotel 455 Zang Street Hotel Commercial, Retail, Office, and Restaurant SDP Approved No Construction Building Size (SF) 232 rooms 191, rooms 106, rooms 84, rooms 85,600 Complete ,205 SDP Amendment Approved Under Construction Rooms 143,600 7 Walmart 500 Summit Boulevard Retail Complete , Sunrise Senior Housing Summit Green Apartments Lakeshore Athletic Club 400 Summit Boulevard Commercial/ Residential 501 Summit Boulevard Residential Complete 6.83 Site Development Plan and Final Plat Approved No Construction Units 76 Asst. 230, Apartments 300 Summit Boulevard Athletic Club Complete , Summit Office Park 301 Summit Boulevard Office SDP Approved Partially Complete , RockVue Summit Boulevard Residential Complete Apartments

5 Page 5 13 AMLI at Flatirons 200 Summit Boulevard Residential Complete Apartments 14 Walgreens 1600 Coalton Road Retail Complete , Primrose School at the Flatirons 1680 Coalton Road Child Care Center Complete , Undeveloped 17 Firestone Care Center 1800 Coalton Road Auto Service Complete , Undeveloped 19 Jack in the Box at MidCities 1940 Coalton Road Drive-through Restaurant Complete , Summit Bank 2002 Coalton Road Bank Complete , Freddy's Frozen Custard End Zone Car Wash 2300 Colton Road Drive-through Restaurant Complete , Coalton Road Car Wash Complete.85 4, Sonic Restaurant 2400 East Coalton Road Drive-through Restaurant Complete , Chick-fil-a 2580 Coalton Road 25 Texaco and Auto Service 595 Summit Boulevard Drive-through Restaurant Commercial Retail, carwash, gas, service Complete ,211 Complete , El Tapatio 488 Summit Boulevard Restaurant Complete , Wells Fargo Bank 498 Summit Boulevard Bank Complete , Popeye s 64 W. Flatiron Crossing Dr. 29 Taco Bell 60 W. Flatiron Crossing Dr. Drive-through Restaurant Drive-through Restaurant SDP under consideration ,297 Complete.92 1, C.B. & Potts 555 Zang Street Restaurant Complete , Guys Mattress Firm 570 Zang Street Restaurant Retail Complete , DSW Shoes 595 Flatiron Boulevard Retail Complete , Heritage Place Southwest corner of Interlocken Loop and Interlocken Boulevard Retail, Office, Residential SDP Approved No Construction units 392,000

6 Page 6 II. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan The Broomfield Comprehensive Plan designation for the proposed development is "Mixed-Use Commercial" and the proposal is consistent with the Comprehensive Plan. The map provided below shows the portion of the Comprehensive Plan Land Use Map pertaining to the subject property and surrounding area. The Mixed-Use Commercial category is depicted in the 2005 Comprehensive Plan as "a commercial area providing a mix of commercial uses with supporting multi-family or single-family attached residential uses." The MidCities PUD Plan area includes retail, restaurants, offices, and multi-family residential uses consistent with the intent of the land use category.

7 Page 7 Goals and Policies Elements of the proposed project could help meet the following Comprehensive Plan goal: Policy LU-A.2 Ensure that infill development and redevelopment contribute to the desired mix of land uses; Financial Plan The comprehensive plan anticipates mixed-use commercial uses within the development. The proposal is consistent with the land use assumptions established in the Long Range Financial Plan. The applicant s estimated project valuation for the land is $500,000 and new construction is $900,000. Property Location III. AREA CONTEXT The site proposed for the Popeyes is located south of W. Flatiron Crossing Drive, approximately 300 west of Zang Street. The majority of property in the area has been developed in a mixture of residential, service and retail uses. Surrounding Land Uses ADJACENT USE/ZONING COMPREHENSIVE PLAN DESIGNATION North FlatIron Crossing Mall/PUD Regional Commercial South MainStreet at MidCities, Walmart/PUD Mixed-Use Commercial East Taco Bell Restaurant/PUD Mixed-Use Commercial West Wells Fargo Bank/PUD Mixed-Use Commercial Project Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The proposal is for a Popeyes drive-through restaurant on 1.09 acres within the MidCities subdivision. The restaurant has 2,297 square feet and 41 parking spaces.

8 Page 8 Background/Base Data PROPERTY OWNER APPLICANT PROPERTY LOCATION PROPERTY SIZE CURRENT ZONING PROPOSED ZONING CURRENT LAND USE PROPOSED LAND USE COMPREHENSIVE PLAN DESIGNATION HZ Props RE, LTD. HZ Props RE, LTD. 64 West Flatirons Crossing Drive 1.09 acres PUD PUD Undeveloped Drive-through Restaurant Mixed-Use Commercial Land Use Summary The following is a composite land use summary for the proposed development. POPEYES AT MIDCITIES COMPOSITE LAND USE SUMMARY Land Use Acres Square Feet % Total FAR Projected Investment Building.05 2,297 5%.05 $900,000 Open Area.40 17,059 36% Parking and Drives.64 28,038 59% $500,000 Total , % $1,400,000 Composite Land Use Graphic

9 Page 9 Site Layout The proposed drive-through restaurant will be located on the east side of Lot 1 of Block 1, MidCities Filing No. 4 Replat A. The drive-through window will face the east side of the property and the primary pedestrian entry will be on the west side of the building where outdoor seating is located. Landscaping will be installed on all four sides of the site. Parking for Popeyes is located on the north, west and south sides of the site. Access and Circulation The development will share the existing right-in/right-out access to W. Flatiron Crossing Drive. A landscaped median in the center of W. Flatiron Crossing Dr. will prevent any traffic from turning left into the site or left out of the site. A second point of access is proposed to the private drive connecting Zang Street to Summit Boulevard along the south property boundary. The City Traffic Engineer has reviewed the access and circulation and found it to be acceptable. The proposed parking lot will connect to the Taco Bell property to the east in two locations (north and south ends of the site). The primary drive-through the property is on the west side of the building and connects to the West Flatiron Crossing Drive and the private east/west drive on the south side of the site. The drive-through is most easily accessed from the north which allows for stacking within the parking lot. Access to the drive-though is possible from the south when there are no cars in the stacking lane. Walkability and Transit Sidewalks exist along the roadways on the north and south side of the site. A sidewalk through the property along the front of the building connects these walks and provides the ability to reach the pedestrian bridge that crosses West Flatiron Crossing Drive. Bus service is provided on West Flatiron Crossing Drive and a bus stop is located at the northwest corner of the property Parking The MidCities PUD Plan requires one parking space per three seats in the restaurant. The proposed Popeyes will include seating for approximately 72 customers in the restaurant thereby requiring a minimum of 24 parking spaces. The applicant is proposing 41 parking spaces. The applicant believes the additional spaces are appropriate given their experience with drivethrough restaurants and it is similar to other SDP approved for drive-through restaurants within the MidCities area including Freddy's Frozen Custard (49 parking spaces), Chick-fil-A (49 parking spaces), and Jack in the Box (30 parking spaces). Parking is also provided for motorcycles (two spaces) and bicycles (two bike racks).

10 Page 10 Architecture The proposed building architecture consists primarily of neutral color EIFS with a stone wainscot in a reddish tone. Shudders and a faux balcony accent the building and provide the signature elements of the Popeye s corporate identity. The architecture, colors and materials are consistent with the requirements of the MidCities PUD and the FlatIron Architectural Control Committee review criteria. West Elevation (faces parking lot) East Elevation (Drive-through pick-up window) Front Elevation (West Flatiron Crossing Drive) Rear Elevation

11 Page 11 Landscaping The landscape plan includes 36% open area on the site, which is consistent within the minimum required open area of 25% in the MidCities PUD. The landscaping along West Flatiron Crossing Drive will include shrubs and trees similar to the adjacent properties. The site complies with the Interchange Influence Area requirements for landscaped islands at the end of parking rows, minimum number of one tree per 10 parking spaces, and eight foot wide planting strip along the private drives.

12 Page 12 Signs The site plan includes one monument sign and four building mounted signs. The area of the building mounted signs is 122 square feet, which is less than the 127 square feet allowed for the building per the MidCities PUD Plan. The monument sign is located along the W. Flatiron Crossing Drive frontage and is consistent with the monument requirements for the MidCities PUD plan including the sign size, materials, and design. VI. STAFF REVIEW OF KEY ISSUES There are no key issues with the proposed development plans identified at this time VII. APPLICABLE MUNICIPAL CODE PROVISIONS A public hearing is required. At the conclusion of the public hearing, the Planning and Zoning Commission reviews the application based on the following provisions of the BMC. SITE DEVELOPMENT PLAN Review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards: (A) The proposal should be consistent with the intent of this chapter as set forth in section (B) The proposal should identify and mitigate potential negative impacts on nearby properties. (C) The proposal should identify and maximize potential positive impacts on nearby properties. (D) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (E) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (F) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale. (G) The land uses within the plan should be compatible with one another and with nearby properties. (H) The proposal should provide for open area at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section below. (I) The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas. (J) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (K) The proposal should be consistent with the approved PUD plan. (L) For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord , 1987; Ord , 1994; Ord , 1995; Ord , 1998; Ord , 2011) Site development plan; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter (Ord , 1987; Ord , 1995; Ord , 2011) Site development plan; recommendation; planning and zoning commission. Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the site development plan would be acceptable shall be set forth. (Ord , 1987; Ord , 1995; Ord , 2011) Exceptions. For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord , 1997)

13 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING APPROVAL OF MIDCITIES FILING NO. 4, REPLAT A, LOT 1, BLOCK 1, POPEYES LOUISIANA KITCHEN SITE DEVELOPMENT PLAN BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a site development plan has been submitted. 1.2 Said application was considered during a public hearing held September 26, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.4 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code. 1.5 Said application may include certain variances from the Broomfield Municipal Code provisions. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends approval of the application. PASSED on September 26, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission

14 PLANNING AND ZONING COMMISSION RESOLUTION NO A RESOLUTION RECOMMENDING DENIAL OF MIDCITIES FILING NO. 4, REPLAT A, LOT 1, BLOCK 1, POPEYES LOUISIANA KITCHEN SITE DEVELOPMENT PLAN BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a site development plan has been submitted. 1.2 Said application was considered during a public hearing held September 26, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.4 Said application is not in substantial compliance with the applicable requirements of the Broomfield Municipal Code. The application is deficient for the following reasons: a. b. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends denial of the application. PASSED on September 26, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission