CITY COUNCIL AND BURA AGENDA MEMORANDUM

City and County of Broomfield, Colorado CITY COUNCIL AND BURA AGENDA MEMORANDUM To: From: By: Agenda Title Mayor, City Council, and Broomfield Urban Renewal Authority Charles Ozaki, City and County Manager and Executive Director of BURA Kevin Standbridge, Deputy City and County Manager David Shinneman, Community Development Director John Hilgers, Planning Director Alice Hanson, Planner Meeting Date Agenda Category Agenda Item # April 12, 2016 Council Business/Authority Business 11(b)/14(a) 11(b) City Council Agenda Item 1. Public Hearing on Proposed Use by Special Review for Retail Sales, Service, Rental, Repair, and Assembly of Vehicles and Machinery with No Outdoor Storage or Work at Cloverleaf Industrial Park, Lot 8 (165 Commerce Street) 2. Consideration of Proposed Resolution 2016-56 Regarding the Use by Special Review 14(a)BURA Agenda Item 1. Public Hearing on Proposed Use by Special Review for Retail Sales, Service, Rental, Repair, and Assembly of Vehicles and Machinery with No Outdoor Storage or Work at Cloverleaf Industrial Park, Lot 8 (165 Commerce Street) with an Urban Renewal Site Plan Property Location: 165 Commerce Street Applicant: Posoko Investments, LLC (Steve Olson) 2. Consideration of Resolution No. UR-2016-57-UR Regarding the Use by Special Review and Urban Renewal Site Plan Summary The applicant requests consideration of a proposal to allow retail sales, service, rental, repair, and assembly of vehicles and machinery (with no outdoor storage or work to be conducted outside the building) in addition to the I-1, Light Industrial Zone District permitted uses, at 165 Commerce Street. A use by special review is required to conduct the automotive related uses within the I-1 Limited Industrial District. The property is located on the west side of Commerce Street, south of the railroad tracks. The subject parcel is within the U.S. 36 West Corridor Urban Renewal Area and uses and design controls may be imposed by the Broomfield Urban Renewal Authority. The 10,468 square foot building on the 19,028 square foot site was constructed in 1959. A use by special review has not been previously considered for the property. The applicant is proposing no significant changes to the site. The only changes anticipated are a general clean-up of the property and the construction of an enclosure for the trash dumpster at the front of the property. The Planning and Zoning Commission considered the application at a hearing conducted on March 14, 2016, and recommended approval of the proposed use by special review with the following conditions: 1) that no outdoor storage of cars or machinery be permitted; and 2) the applicant work with staff relating to the level and definition of manufacturing prior to going before City Council. Both conditions have been resolved by the applicant. Prior Council Action On August 13, 2013, Council approved the US 36 West Corridor Urban Renewal Plan by Ordinance No.1980. Financial Considerations The proposed rezoning is consistent with 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 request complies with applicable Broomfield Municipal Code (BMC) review standards, the US 36 West Corridor Urban Renewal Plan, and is consistent with the Comprehensive Plan: o Approval If the proposed request does not comply with applicable BMC review standards, US 36 West Corridor Urban Renewal Plan and is inconsistent with the Comprehensive Plan: o Remand the case to the Planning and Zoning Commission for additional review and recommendations; o o Postpone action on the resolution and continue the hearing to a date certain; or Direct the City and County Attorney to draft findings to support denial of the application. Proposed Actions/Recommendations Hold the Council and BURA public hearings simultaneously. Following and subject to the results of the public hearings, if Council and the Authority wish to approve the applications (separate motions) City Council Action: That Resolution No. 2016-56 be adopted. BURA Action; That Resolution 2016-57-UR be adopted. 11(b) 14(a) - Page 1

Page 2 CLOVERLEAF SUBDIVISION, LOT 1 165 COMMERCE STREET USE BY SPECIAL REVIEW AND URBAN RENEWAL SITE PLAN Report Contents Subject Page I. SUMMARY OF APPLICATION 3 Property Owner and Applicant 3 II. ZONING AND STATUS OF DEVELOPMENT 3 Zoning 3 Previous Approvals 3 III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS 3 Relationship to Comprehensive Plan 3 Relationship to Urban Renewal Plan 5 Relationship to Original Broomfield Neighborhood Plan 5 IV. AREA CONTEXT 7 Area Context and Property Location 7 Surrounding Land Uses 7 V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW 8 Proposed Use 8 Background and Base Data 8 Proposed Plan 8 VI. REVIEW CRITERIA 10 VII. PLANNING AND ZONING COMMISSION RECOMMENDATION 11 VIII. STAFF REVIEW OF KEY ISSUES 11 IX. APPLICABLE MUNICIPAL CODE AND BURA PROVISIONS 11 11(b) 14(a) - Page 2

Page 3 I. SUMMARY OF APPLICATION The applicant, Steve Olson with Posoko Investments, is requesting approval of retail sales, service, rental, repair, and assembly of vehicles and machinery with no work or storage outside the building in an existing industrial building at 165 Commerce Street. Included in the request is a site plan showing the location of the building, parking, and trash enclosure. The applicant is requesting approval of the use by special review in any or all of the three leasable spaces within the existing building. Restrictions prohibiting storage of materials or vehicles and work outside the building are included in the request. Property Owner and Applicant The owner and applicant is Steve Olson, Posoko Investments. Zoning II. ZONING AND STATUS OF THE DEVELOMENT The property is zoned I-1, Limited Industrial District. The I-1 District allows certain uses by right such as laboratories, assembling and packaging, light manufacturing, and vocational schools among others. The District also allows certain uses subject to use by special review approval including retail sales, service, rental, repair, and manufacture of vehicles and machinery. The property is within the US 36 West Corridor Urban Renewal Plan area which requires approval by the Urban Renewal Authority of automotive uses, including gas stations, car washes, service and repair. Previous Approvals The property is within the Cloverleaf Industrial Park Final Plat approved in Boulder County in 1961. There have been no development proposals previously reviewed by Broomfield. III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan Comprehensive Plan The Broomfield Comprehensive Plan designation for the subject site is Office/Flex Light Industrial. The proposal is consistent with this designation. The map provided on the following page shows the portion of the Comprehensive Plan Land Use Map that pertains to the subject property and surrounding area. 11(b) 14(a) - Page 3

Page 4 Financial Plan The proposed use is consistent with the land use assumptions established in the Long Range Financial Plan and does not change estimated long range revenues or expenditures. Goals and Policies The proposal could help meet the following Comprehensive Plan elements: Goal LU-F: Employment Areas: Encourage a variety of employment land use types and intensities in designated areas that are both supported by and compatible with surrounding land uses. Policy LU-F.5: Encourage a variety of scales of business employers, from small local business to corporate office and headquarters. 11(b) 14(a) - Page 4

Page 5 Relationship to Urban Renewal Plan On August 13, 2013, City Council approved the US 36 West Corridor Urban Renewal Plan covering the property. The urban renewal area (URA) boundary was established to include areas where Broomfield anticipates redevelopment and where Broomfield can potentially use urban renewal tools, such as tax increment financing, to improve public infrastructure. An automotive use (including service and repair) within the Plan area requires an approval as a use by special review by the Urban Renewal Authority. The following map shows the US 36 West Corridor Urban Renewal Plan boundaries. Relationship to Original Broomfield Neighborhood Plan The map on the following page shows the subject property location within the Original Broomfield Neighborhood Plan land use map. The land use map shows the 120 th Avenue Connection and related street improvements recently completed. The proposed use by special review is consistent with the Original Broomfield Neighborhood Plan proposed land uses. 11(b) 14(a) - Page 5

Page 6 11(b) 14(a) - Page 6

Page 7 Area Context and Property Location IV. AREA CONTEXT The area surrounding the property on all sides is zoned and developed as I-1, limited industrial uses. The following map shows the subject property in the context of the surrounding uses. Surrounding Land Uses North South East West ADJACENT USE/ ZONING Automotive and motorcycle repair I-1/Light Industrial Automotive sales and repair I-1/ Light Industrial Flex Warehouse I-1/Light Industrial US 36 highway ramps I-1/Light Industrial COMPREHENSIVE PLAN DESIGNATION Office/Flex Light Industrial Office/Flex Light Industrial Office/Flex Light Industrial Office/Flex Light Industrial 11(b) 14(a) - Page 7

Page 8 Proposed Use V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The applicant is requesting approval of a Use by Special Review with an Urban Renewal Site Plan to allow retail sales, service, rental, repair, and assembly of vehicles and machinery at 165 Commerce Street. No storage or work on vehicles or machinery will be permitted outside the building with the approval of this request. The building currently contains three leasable spaces. The owner of the building is requesting that retail sales, service, rental, repair, and assembly of vehicles and machinery be permitted in any or all of the spaces and that the use be permitted for current and future tenants. The automotive repair use will be marketed to small vehicle and specialized repair businesses. Background/Base Data PROPERTY OWNER/APPLICANT PROPERTY LOCATION CURRENT ZONING PROPOSED ZONING CURRENT LAND USE PROPOSED LAND USE COMPREHENSIVE PLAN DESIGNATION Posoko Investments, LLC (Steve Olson) 165 Commerce Street I-1, Limited Industrial District I-1, Limited Industrial District Vacant Building, Former Industrial/Bus Use Industrial/Business Use plus retail sales, service, rental, repair, and manufacture of vehicles and machinery as Uses by Special Review Office/Flex Light Industrial Proposed Plan The applicant purchased the building in 2015 and has had significant interest from prospective tenants for specialized automotive repair. According to the applicant, the possible tenants have not pursued a lease because of the time required to obtain permission to use the property for auto related uses through Broomfield s Use by Special Review process. Due to this situation, he is requesting a Use by Special Review be granted for the building and not for a specific business. The request for retail sales, service, rental, repair, and assembly of vehicles and machinery would permit these uses for current and future tenants of the building. The building has three tenant spaces and the request would allow an auto repair use in any or all of the spaces. The proposed Use by Special Review would prohibit work outside the building, outside storage, and overnight truck parking or storage on the site. All vehicles are required to be stored inside the building after business hours. In addition, the trash enclosure doors are to be kept closed at all times while not in use. Because the businesses on both sides of the property are used for automobile repair and sales uses, the applicant feels the use of this property in the same manner would not create an adverse condition in the area. 11(b) 14(a) - Page 8

Page 9 The photo below shows the existing building. No changes are proposed for the building with the exception of some clean-up and repainting. The dumpster will be relocated to an enclosure at the front corner of the site. 165 Commerce Street (view from southeast corner) Site Coverage Approximately 55% of the site is covered by the existing building. Another 28% of the site is covered with asphalt and the balance of the site (17%) is open area composed of a small planter area on the front corner and unpaved area along the edges and rear of the property. The site coverage is an existing condition and no changes to the site are proposed. Parking and Vehicular Access The existing access to the service areas and employee parking for the building is from Commerce Street. Customer parking is provided along the front of the building by five existing spaces, one with a handicapped designation. The parking within the site, along the southern property line, will be used by employees. Parking required by the Broomfield Municipal Code is based on the number of employees for an auto repair shop. The applicant estimates there will be approximately two employees per business which would require six spaces. Twelve parking spaces are being provided. Vehicles being serviced will be parked inside the building. 11(b) 14(a) - Page 9

Page 10 The Urban Renewal Site Plan that accompanies the Use by Special request is pictured on the following page and illustrates the location of the building, parking and trash enclosure. Urban Renewal Site Plan for 165 Commerce Use by Special Review Request VI. REVIEW CRITERIA As the property is zoned I-1, review of the use is based upon Broomfield Municipal Code Chapter 17-30, Use by Special Review. The Use by Special Review criteria are summarized below: Relationship of the proposed use to the character of the surrounding area. This criterion pertains to evaluating the use for compatibility with surrounding land uses. Uses permitted by special review are so because such uses may be compatible in some areas within a uniform zoning district, but not others. The compatibility of the special use depends on how a specific area within a uniform zoning district has developed. Several auto repair and service uses are located in the immediate area. The surrounding area is characterized by industrial, warehouse, and automotive uses. The desirability and need for the proposed use in this area of the community. This criterion establishes guidance in determining the appropriateness of the use in a particular area of a uniform zoning district. Similar land uses aggregate together because the land, buildings and transportation network are particularly suited for the use. The surrounding neighborhood contains several automotive related uses including automobile service. 11(b) 14(a) - Page 10

Page 11 The applicant has indicated a strong market for the rental of space for small automobile service businesses. Adverse environmental influence that might result from the proposed use at this location. The Building Division review of any permit for conversion of space for automobile uses would consider the drain system in the building and installation of a sand interceptor if required. Due to the location in an industrial zone with similar uses excess noise, odor or emissions are not likely to adversely impact adjacent properties. VII. PLANNING AND ZONING COMMISSION RECOMMENDATION On March 14, 2016, the Planning and Zoning Commission held a public hearing on the proposed plan. Following the public hearings, the following action was taken by the Commission. Resolution No. 2016-10 for a Use by Special Review and Urban Renewal Site Plan to allow retail sales, service, rental, repair and manufacture (see condition) of vehicles and machinery at 165 Commerce Street was adopted with the following conditions: 1) That no outdoor storage of cars or machinery be permitted. Response: The applicant has added a restriction on the use by special review that prohibits outdoor storage or work on the site. 2) The applicant work with staff relating to the level and definition of manufacturing prior to the City Council hearing. Response: The applicant has replaced manufacturing with assembly of vehicles and machinery to more accurately reflect the intended uses on the property. No key issues have been identified by staff. VIII. STAFF REVIEW OF KEY ISSUES IX. APPLICABLE MUNICIPAL CODE AND BURA PROVISIONS The City Council reviews the proposed use by special review based on the following provisions of the Broomfield Municipal Code: Uses Permitted by Special Review 17-30-010 Approval required. Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the planning and zoning commission. 11(b) 14(a) - Page 11

Page 12 17-30-020 Request; submittal when. All requests for a use permitted by special review shall be submitted in writing to the secretary of the planning and zoning commission meeting and shall include an application fee of $500.00. 17-30-030 Application; contents. (A) The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, off-street loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help the planning and zoning commission to make a reasonable recommendation. 17-30-040 Request; review. The planning and zoning commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter 17-52. (A) Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title. 17-30-060 Request; approval, conditional approval; denial. The city council shall consider the request and the planning and zoning commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section 17-30-040. The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter 17-52. 17-30-070 Decision to be stated in official minutes. Any decision of the planning and zoning commission or city council on special reviews shall state in the official minutes the reasons for such decision. 17-30-090 Approval; period; void when. All special review requests approved by city council prior to January 1, 1988, shall be valid for one year from the approval date. All special review requests approved by city council after January 1, 1988, shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved by the city council. The US 36 West Corridor Urban Renewal Plan requires a review of a use by special review and an urban renewal site plan by the Broomfield Urban Renewal Authority as follows: The purposes of the Plan are to eliminate and prevent blight in the Area and to achieve development of the highest quality in the Area. To assure that those purposes are accomplished, the Authority shall hold a public hearing on all plans or proposals for development or redevelopment in the Area to determine compliance with the Plan. No building permit shall be issued for a new structure or significant exterior modification prior to and unless the Authority makes a finding of compliance with the Plan, the US 36 Sub-Area Plan (if applicable) or the Original Broomfield Neighborhood Plan (if applicable), and any applicable Design Guidelines and Standards The decision of the Authority shall be based on whether a proposed Site Plan meets the following standards. (1) The proposal should be consistent with any element, purpose, vision, and standard of this Plan and, if applicable, the provisions of the sub-area plan, neighborhood plan, or, if applicable, Design Guidelines and Standards. (2) The proposal should identify and specify factors that mitigate any potential negative impacts on nearby properties. (3) The proposal should identify and specify factors that maximize potential positive impacts on nearby properties. (4) The proposal should include adequate facilities for pedestrians, bicyclists and motorists. (5) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale. (6) The land uses within the proposal should be compatible with one another. (7) The proposal should include any common areas serving the site, and contain adequate provisions for ownership and maintenance of such areas. 11(b) 14(a) - Page 12

RESOLUTION NO. 2016-56 A RESOLUTION APPROVING THE CLOVERLEAF INDUSTRIAL PARK, LOT 8 (165 COMMERCE STREET) USE BY SPECIAL REVIEW FOR RETAIL SALES, SERVICE, RENTAL, AND ASSEMBLY OF VEHICLES AND MACHINERY WITH NO OUTDOOR STORAGE OR WORK IN THE 1-1 DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. Pursuant to the provisions of chapter 17-30 Broomfield Municipal Code, the Cloverleaf Industrial Park, Lot 8 (165 Commerce Street) Use by Special Review, attached hereto, is hereby approved. Section 2. This resolution is effective upon its approval by the City Council. APPROVED on April 12, 2016. THE CITY AND COUNTY OF BROOMFIELD COLORADO ATTEST: Mayor City and County Clerk APPROVED AS TO FORM: City and County Attorney 11(b) 14(a) - Page 13

RESOLUTION NO. 2016-57-UR A RESOLUTION APPROVING THE CLOVERLEAF INDUSTRIAL PARK, LOT 8 (165 COMMERCE STREET) USE BY SPECIAL REVIEW AND URBAN RENEWAL SITE PLAN FOR RETAIL SALES, SERVICE, RENTAL, REPAIR, AND ASSEMBLY OF VEHICLES AND MACHINERY WITH NO OUTDOOR STORAGE OR WORK BE IT RESOLVED BY THE BROOMFIELD URBAN RENEWAL AUTHORITY: Section 1. The Authority has reviewed the Cloverleaf Industrial Park, Lot 8, Use by Special Review and Urban Renewal Site Plan and finds them in compliance with the US 36 West Corridor Urban Renewal Plan. The Use by Special Review and Urban Renewal Site Plan are hereby approved. Section 2. This resolution is effective upon its approval by the Broomfield Urban Renewal Authority. APPROVED on April 12, 2016. BROOMFIELD URBAN RENEWAL AUTHORITY ATTEST: Chairman Secretary APPROVED, AS TO FORM City and County Attorney 11(b) 14(a) - Page 14

P16406 11(b) 14(a) - Page 15 I O NA L L A N D R O F E S S S UR V E Y OR C O J OHN L O R A GUY T ON E D E N S BRUCE D O L I C Flatirons, Inc. Surveying, Engineering & Geomatics www.flatironsinc.com

P16406 11(b) 14(a) - Page 16 I O NA L L A N D R O F E S S S UR V E Y OR C O J OHN L O R A GUY T ON E D E N S BRUCE D O L I C Flatirons, Inc. Surveying, Engineering & Geomatics www.flatironsinc.com