PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

Transcription

1 To: Planning and Zoning Commission From: John Hilgers, Planning Director Anna Bertanzetti, Principal Planner Meeting Date Agenda Category Agenda Item # June 23, 2014 Commission Business 4.a 1. Public Hearing on Proposed MidCities Filing No. 4 Replat A Final Plat and Lot 2, Block 1 (Taco Bell) Site Development Plan Property Location: West of the Southwest Corner of Zang St. and Agenda Title: W. Flatiron Crossing Dr. Applicant: Taco Bell Corp. Owner: Shops at Flatiron, LLC 2. Consideration of Resolution No , Regarding the Application Summary The applicant, Taco Bell Corp., is requesting a site development plan for a drive-through restaurant on 0.9 acres. The applicant is also requesting a final plat to subdivide a 2.0 acre property to create the 0.9 acre lot for the drive-through restaurant. The proposal includes a 1,949 building with associated parking and landscaping associated with the proposed Taco Bell drive-through restaurant. The proposed restaurant will have primary access to W. Flatiron Crossing Drive via a new shared access drive at the north end of the site. A second point of access will be provided to the site from a private east/west drive adjacent to the south property boundary. The applicant is not requesting any variances from the Broomfield Municipal Code or MidCities Planned Unit Development (PUD) Plan. Proposed Resolution No would recommend approval of the final plat and site development plan. Prior Council Action City Council approved the MidCities PUD Plan and Preliminary Plat with the adoption of Resolution No on June 30, The property was annexed into Broomfield on January 9, 2001, with the adoption of Ordinance No 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, 2001 Financial Considerations The proposal is consistent with Broomfield s adopted 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 Planning and Zoning 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 proposal is to subdivide one two-acre lot into two smaller parcels to create one 0.9 acre site for a proposed Taco Bell drive-through restaurant. The site is approximately 250 feet west of the southwest corner of Zang Street and W. Flatiron Crossing Drive. The site will have access to W. Flatiron Crossing Drive via a new shared access drive. 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 is Shops at Flatiron, LLC and the applicant is Taco Bell Corp.

3 Page 3 Concept Review The Broomfield Municipal Code allows the City Manager to administratively exempt a plan from the concept review process if: 1. The plan includes ten or fewer dwelling units. 2. The plan provides for no more than two additional nonresidential building sites or the development of less than 5,000 square feet of nonresidential building; 3. The proposed plan or use is in conformity with the master plan; 4. The city manager determines the plan will not result in significant traffic, visual, noise, odor, or other impact on neighboring properties; 5. For PUD plan amendments, the plan represents a change in use of less than 10% of the land area incorporated within the plan; and 6. The plan does not propose development requiring significant deviation from city code or administrative policy. Since the proposed Taco Bell restaurant met the above requirements, they applied for and were granted an exemption from the concept review process in February 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.

4 Page 4 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 has remained vacant. Status of the Development Overall 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. An overall area plan showing how the proposed Taco Bell fits within the context of the overall development is provided as Attachment 1.

5 Page 5 1 Heritage Place Summary Status of Development for MidCities June 2014 Project Parcel Location Land Use Status Acres Southwest corner of Retail, Office, SDP Approved Interlocken Loop and 8.18 Residential No Construction Interlocken Boulevard Renaissance Suites at Flatiron Staybridge Suites Marriott Towne Place Suites 500 Flatiron Boulevard Hotel Complete 4.0 Southwest corner of Interlocken Loop and Flatiron Boulevard Hotel Concept Review No Construction 480 Flatiron Boulevard Hotel Complete Building Size (SF) 75 units 392, rooms 191, rooms 106, rooms 84,257 5 Hilton Garden Inn Southwest corner of Zang Street and Flatiron Blvd. Hotel SDP Approved No Construction rooms 85,600 6 DSW Shoes 595 Flatiron Boulevard Retail Complete ,000 7 C.B. & Potts 555 Zang Street Restaurant Complete , Bagali s Restaurant Mainstreet at Flatiron 570 Zang Street Restaurant Complete ,559 East and West of Zang Street and South of Flatiron Crossing Drive 10 The Avenues 455 Zang Street Retail Commercial, Retail, Office, and Restaurant Complete ,205 SDP Amendment Approved No Construction , El Tapatio 488 Summit Boulevard Restaurant Complete , Wells Fargo Bank 498 Summit Boulevard Bank Complete , Walmart 500 Summit Boulevard Retail Complete , Sunrise Senior Housing 400 Summit Boulevard Commercial/ Residential Complete Units 76 Asst. 230, Summit Office Park 301 Summit Boulevard Office SDP Approved Partially Complete , Summit Boulevard Summit Green Apartments Summit Boulevard Residential Site Development Plan and Final Plat Approved No Construction Apartments

6 Page Lakeshore Athletic Club The Summit at Broomfield (AMLI) Carmel Flatirons 300 Summit Boulevard Athletic Club Complete , Summit Boulevard Residential Complete Summit Boulevard Residential Currently under construction Apartments 220 Apartments 21 Walgreens 1600 Coalton Road Retail Complete , Primrose School at the Flatirons Firestone Care Center Jack in the Box at MidCities 1680 Coalton Road Child Care Center Complete , Coalton Road Auto Service Complete , 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 Site Development Plan Construction Complete , Coalton Road Car Wash Complete.85 4, Sonic Restaurant 2400 East Coalton Road Drive-through Restaurant Complete , Chick-fil-a 2580 Coalton Road 30 Texaco and Auto Service 595 Summit Boulevard Drive-through Restaurant Commercial Retail, carwash, gas, service Complete ,211 Complete ,153 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 goals: Goal LU-B Encourage mixed-use developments that provide the benefits of more compact, denser development with a mix of living, shopping and working environments; 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 $540,000 and new construction is $450,000.

8 Page 8 Property Location III. AREA CONTEXT The site proposed for the Taco Bell is located south of W. Flatiron Crossing Dr., approximately 250 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 C.B. & Potts Restaurant/PUD Mixed-Use Commercial West Wells Fargo Bank/PUD Mixed-Use Commercial

9 Page 9 Project Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The proposal is for a Taco Bell drive-through restaurant on 0.9 acres within the MidCities subdivision. A final plat is proposed to subdivide a two-acre lot into two lots to create the site for the proposed drive-through restaurant. Background/Base Data 1. PROPERTY OWNER Shops at Flatiron, LLC 2. APPLICANT Taco Bell Corp. 3. PROPERTY LOCATION 250 Feet West of Southwest Corner of Zang Street and W. Flatiron Crossing Dr. 4. PROPERTY SIZE 2.0 acres (Plat), 0.9 acres (Taco Bell) 5. CURRENT ZONING PUD 6. PROPOSED ZONING PUD 7. CURRENT LAND USE Undeveloped 8. PROPOSED LAND USE Drive-through Restaurant and Vacant 9. COMPREHENSIVE PLAN Mixed-Use Commercial DESIGNATION Final Plat A final plat is proposed to subdivide the existing 2.0 acre property into two lots. The proposed lot for the Taco Bell would be 0.9 acres and the other lot would be 1.1 acres. The two lots will share a driveway access to W. Flatiron Crossing Drive and the private drive connecting Zang Street to Summit Boulevard. Land Use Summary The following is a composite land use summary for the proposed development. Land Use TACO BELL AT MIDCITIES COMPOSITE LAND USE SUMMARY Acres Square Feet % Total FAR Projected Investment Building.04 1,949 5%.05 $450,000 Open Area Parking and Drives.32 13,946 35%.56 24,190 60% Total , % $990,000

10 Page 10 Composite Land Use Graphic Parking and Drive Coverage 60% Open Area Coverage 35% Building Coverage 5% Site Layout The proposed drive-through restaurant will be located on the east side of the new Lot 2 of Block 1, MidCities Filing No. 4 Replat A. The drive-through window will face the east side of the property and landscaping including shrubs and trees will be planted along the length of the drive-through lane. Small extensions of parking lot pavement will extend three feet into the landscaped area to provide additional room for vehicles to turn out of the adjacent parking spaces on the C.B. & Potts property. Parking for the Taco Bell is located on the north and west sides of the site. Access and Circulation The applicant is proposing a new right-in/right-out only 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. The City Traffic Engineer has reviewed the location of the drive and found it to be acceptable. A second point of access is proposed to the private drive connecting Zang Street to Summit Boulevard along the south property boundary. The proposed parking lot will connect to the C.B. & Potts property in two locations (north and south ends of the site). The primary drive access for the site will be the north/south drive aisle on the west side of the proposed building which connects to the driveways to W. Flatiron Crossing Drive and to the private east/west drive on the south side of the site.

11 Page 11 Parking The MidCities PUD Plan requires one parking space per three seats in the restaurant. The proposed Taco Bell will include seating for 40 customers in the restaurant thereby requiring a minimum of 14 parking spaces. The applicant is proposing 37 parking spaces. The applicant believes the additional spaces are appropriate given their experience with drive-through 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). Architecture The proposed building consists primarily of neutral color EIFS with a stone wainscot. A decorative aluminum valance is proposed on the building. This decorative valance will be backlit to provide visual interest at night and during the day. Landscaping The landscape plan includes 35% open area on the site, which is consistent within the minimum required open area of 25%. Landscaping between the sidewalk and the street had previously been installed and will be restored as necessary after construction of the site. The landscaping behind the sidewalk will include shrubs and trees similar to the C.B. & Pott's site to the east. 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 101 square feet, which is less than the 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. FINAL PLAT 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 final plat meets the standards set forth in section and is generally consistent with an approved preliminary plat, if there is one. No final plat will be recommended by the planning and zoning commission or approved by the city council until such maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials as may be required herein have been submitted and reviewed, and found to meet the planning, engineering, and surveying requirements of the city required; provided, however, that the city engineer may waive any final plat requirement for good cause shown. (Ord , 1987; Ord , 1992; Ord , 1995; Ord , 2011) 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 preliminary plat meets the following standards: (A) The project should not create, or should mitigate to the extent possible, negative impacts on the surrounding property. (B) The project should provide desirable settings for buildings, make use of natural contours, protect the view, and afford privacy and protection from noise and traffic for residents and the public. (C) The project should preserve natural features of the site to the extent possible. (D) The proposed traffic flow and street locations should be consistent with the city's master plan, should be in accordance with good engineering practice, and should provide for safe and convenient movement. (E) The lots and tracts should be laid out to allow efficient use of the property to be platted. (F) The proposed public facilities and services should be adequate, consistent with the city's utility planning, and capable of being provided in a timely and efficient manner. (G) The proposal should comply with the design standards of chapter 16-28, the improvement requirements of chapter 16-32, and the standards and specifications of chapter (H) The proposal should be consistent with the need to minimize flood damage. (I) The proposal should have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and designed to minimize flood damage. (J) The proposal should have adequate drainage provided to reduce exposure to flood damage. (Ord , 1987; Ord , 1988; Ord , 1995; Ord , 2011)

13 Page Final plat; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the final plat. Notice shall be given in accordance with the provisions of chapter (Ord , 1987; Ord , 1995; Ord , 2011) Final plat; recommendation; planning and zoning commission. Within thirty days of the conclusion of its public hearing on the final plat, the planning and zoning commission shall adopt a resolution recommending approval, disapproval, or conditional approval. If the approval is conditional, the conditions under which the final plat would be acceptable shall be set forth. (Ord , 1987; Ord , 1995; Ord , 2011) 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)