PLANNING COMMISSION STAFF REPORT REZONING CASE: RZ-15-002 REPORT DATE: January 26, 2016 CASE NAME: Thursday Lunch Club Rezoning PLANNING COMMISSION DATE: February 17, 2016 ADDRESS OF REZONING PROPOSAL: 1650 Kipling St. Lakewood, CO 80215 APPLICANT: Bill Foster 4602 Plettner Ln Evergreen, CO 80439 REQUEST: To rezone the property located at 1650 Kipling Street from Large Lot Residential (R-1-12) to Mixed-Use Employment Urban (M-E-U). CITY STAFF: Planning - Development Assistance Engineering - Development Assistance Traffic Engineering Property Management Community Resources Stephen Wilson, Project Manager Keith Hensel, Civil Engineer III John Padon, Traffic Engineering Manager Spencer Curtis, Right-of-Way Agent Ross Williams, Parks Planner STAFF RECOMMENDATION: That the Planning Commission recommends that the City Council approve Case No. RZ-15-002. Stephen Wilson, Principal Planner Planning Development Assistance Paul Rice, Manager Planning Development Assistance ATTACHMENTS TO THE REPORT: Attachment A Applicant s Description Attachment B Aerial Map Attachment C Zoning Map Attachment D Conceptual Land Use Plan Attachment E Neighborhood meeting summary
Page 2 of 9 I. SUMMARY OF REQUEST The applicant has submitted an application to rezone the property located at 1650 Kipling Street from Large Lot Residential (R-1-12) to Mixed-Use Employment Urban (M-E-U). The site is approximately 42,000 square feet in area and there are no existing structures on the property. As depicted in Figure 1 below, the southern boundary of 1650 Kipling Street (the subject property) is directly adjacent to the M-E-U zone district. The applicant believes that expanding the M-E-U zone district to include the property at 1650 Kipling Street will create a transition from the single & two family residential to the north & east to the commercial uses to the south. More specifically, the applicant thinks that the proposed rezoning will promote a greater range of building types, including the potential for needed residential; as well as, to promote the Lakewood Comprehensive Plan. See Attachment A Applicant s Description. SUBJECT PROPERTY Figure 1 (See Attachment B - Aerial Map and Attachment C - Zoning Map) II. PROCESS REQUIRED CITY APPROVALS Overview: The rezoning process includes a preplanning application, neighborhood meeting, formal application, public hearing with the Lakewood Planning Commission and a public hearing with the Lakewood City Council. The applicant has completed the first three steps of this process and by way of this Staff Report, staff is providing a recommendation to the Planning Commission for the public hearing. The Planning Commission will review the rezoning request at the public hearing and then make its recommendation to City Council. The City Council will then review the Planning Commission public hearing minutes, the Planning Commission recommendation, the staff report, and then hold a second public hearing, after which they will make a final decision on the rezoning application.
Page 3 of 9 If the rezoning is approved, the applicant will need to complete a Major Site Plan, including final engineering documents, and record a public improvements agreement prior to receiving building permits. Plans: All rezoning applications are required to include a Conceptual Land Use Plan. The Conceptual Land Use Plan for this case is included as an attachment to this staff report (Attachment D). The Conceptual Land Use Plan outlines the specific elements that are unique to the site and is intended to supply enough information about the rezoning request for the Planning Commission to make a recommendation to City Council. The Major Site Plan, which is not a part of the rezoning process, will determine final layout of buildings, parking lots, open space, building architecture, landscape design and other site elements. The Major Site Plan will be reviewed against the standards in the Zoning Ordinance as well as the Conceptual Land Use Plan. The Major Site Plan review/approval is an administrative process. III. ZONING AND LAND USE Adjacent Zoning Designation North South East West Large Lot Residential (R-1-12) and Mixed-Use Large Lot Multifamily Two Family & Small Lot Employment Residential Residential Residential (R-2) Urban (M-E-U) (R-1-12) (R-MF) Adjacent Land Uses Single Family Homes General Office Single Family Homes Multifamily Residential The subject property is currently zoned R-1-12 and the allowable uses do not include attached wall residential (townhomes) or multifamily residential. The property is within the Morse Park Neighborhood Organization boundary; however, there are no specific neighborhood plans that apply to this property. The primary document for guiding land use decisions is the Lakewood 2025: Moving Forward Together Comprehensive Plan (the Comprehensive Plan). The Comprehensive Plan is a longrange plan that looks 10 years into the future. It is a policy document that provides guidance to City Council, Planning Commission, City staff, residents, businesses, and developers to make informed decisions about the current and future needs of the community. The purpose of the Comprehensive Plan is to identify and articulate the residents values and goals and help the community achieve its desired future through a vision statement, guiding principles, goals and actions steps. The City s Vision Statement is articulated on pages 3-5 & 3-6 of the Comprehensive Plan and it is intended to set a direction for the future of the city rather than being simply a prediction. The context for the City s Community Vision, and an important factor shaping the City s future, is population growth. The Denver Regional Council of Governments (DRCOG) projects that Lakewood s population will increase by approximately 47,000 people between 2010 and 2035. DRCOG also estimates that employment within the city will increase by approximately 33,500 jobs.
Page 4 of 9 The Comprehensive Plan has a Land Use Vision Map (Map 3-d, page 3-21) that indicates Growth Areas. The Growth Areas are intended to accommodate the vast majority of the residential and employment increase anticipated for the City. As depicted in Figure 2 below, the subject property is within a Growth Area. SUBJECT PROPERTY Figure 2 - Excerpt from the Growth Area map. IV. PROJECT DETAILS The Lakewood Zoning Ordinance provides information about planning process, zone district standards and specific development regulations. As stated in the Section 17.3.4.2.A, Mixed Use District Descriptions, of the Zoning Ordinance: M-E Mixed-Use-Employment: M-E district is intended to provide for office and campus development, with ancillary retail and residential uses along arterial and collector streets. The district may also act as a buffer between higher intensity mixed-use districts and adjacent residential neighborhoods. The district provides for medium- to high-density employment opportunities, as well as educational and institutional campuses. Section 17.5.3 (Table 17.5.2, page 5-16) of the Zoning Ordinance restricts the amount of nonresidential footprint and total retail that is allowed on a site to 40,000 square feet. Additionally, all mixed-use zone districts incorporate height and design transition areas when adjacent to residentially zoned districts, such as the property to the north and east of the site. Section 17.3.4.3.D, Mixed-Use District Contexts, of the Zoning Ordinance describes the Urban context as reflecting a more pedestrian-oriented environment, where the existing surrounding street pattern and access to adjacent residential neighborhoods is more conducive to pedestrian and bicycle access. The context requires that buildings be located within a short distance to adjacent public streets, with parking located behind or to the side of buildings
Page 5 of 9 Below is a summary of the differences between the existing and proposed zoning. For a complete list of permitted uses and standards see Articles 4 and 5 of the Lakewood Zoning Ordinance. Zoning Permitted Land Uses Front Setback Rear Setback Side Setback Existing Large Lot Residential (R-1-12) Single-Family Dwelling Unit, Group Home, Park, School, Minor Utility Facility, Stealth Wireless Facility 25-foot primary 20-foot non-primary As measured from back of curb. 15 feet min. from the property line. 10 feet min. from property line. Proposed Mixed-Use Employment Urban (M-E-U) Attached Dwelling Unit; Multifamily; Group Home; Group Residential Facility; Club, Lodge, or Service Organization; Day Care Facility; Emergency Medical Facility; Fitness or Athletic Facility; Gallery or Studio; Hotel; Light Manufacturing; Office; Parking; Personal Service; Restaurant; Retail; Community Building; Convention or Exposition Center; Park; Religious Institution; School; Public or private; Transportation Facility; University or College; Minor Utility Facility; Major Home Business; Freestanding Wireless Communications Facility; Stealth Wireless Facility 0 to 20 feet from the back edge of required public improvements or as determined by Planning Director. 50% build-to-zone. 0 feet or 5 feet min. 0 feet or 5 feet min. Height 35 feet max. 60 feet, except within height transition zone. Open Space 60% 15% Minimum Residential Density Maximum amount of commercial and/or office space per building N/A N/A Height transition required within 75 feet of an R zone district. The height within this transition zone may not be greater than the adjacent R zone district. Design, building bulk and plane will have to be compatible with adjacent R zone districts within 125 feet of the zone district boundary. (Section 17.5.3.4) N/A 40,000 square foot maximum non-residential footprint. 40,000 square foot maximum retail (more may be allowed with a special use permit).
Page 6 of 9 The Conceptual Land Use Plan (see Attachment D) outlines specific elements that are unique to the site. A summary of these items is provided below. All Mixed-Use zone districts have height and design transition zones along zone district boundaries when adjacent to a residential zone district with single-family or two-family uses. A building located in a mixed-use zone district and within 125 feet of a residential zone district with single-family or two-family uses must demonstrate compatibility with the adjacent residential property through an analysis of building bulk and plane, potential buffering through the use of landscaping or decorative walls, building and parking orientation, and other site specific conditions. Similarly, buildings in mixed-use zone districts that are located within 75 feet of a residential zone district with single-family or two-family uses are required to comply with the maximum building height of the adjacent residential zone district. The majority of the subject property falls inside of the design and height transition zones. Additionally, the subject property will have to comply with one of the four landscape transition buffers adjacent to the northern and eastern property lines. The transition buffer options range in width from 0 to 30 feet, with different landscaping and fencing requirements that are dependent on the width of the buffer. V. AGENCY REVIEW AND NOTIFICATION Notice of the Planning Commission public hearing for the rezoning request was mailed to 153 tenants and owners of property within 500 feet and to 6 registered neighborhood organizations within a 1/2 mile of the subject property, as required by the Lakewood Zoning Ordinance. The project material was also sent to 8 outside referral agencies for review, as indicated in the table below. Agency Notification for Neighborhood Meetings Sent Notification for Planning Commission Hearing Referral Sent West Metro Fire Protection District X X Consolidated Mutual Water Company X X Lakewood Sewer Utility X Xcel Energy X X Century Link X Comcast Cable X Lakewood Police Department X X Jefferson County Schools X X Property Owners within 500 feet X X West Colfax Community Association X X Applewood Business Association X X Eiber Neighborhood Association X X Morse Park Neighborhood Organization X X West Miller Heights X X Independence Park HOA X X Comments Received
Page 7 of 9 Agency Review The City received no objections in response to the case referrals. The following is a summary of the comments received in response to the agency referral documented in the chart above. 1. The West Metro Fire Protection District has no comments or concerns with the rezoning request. Fire access, water supply, and other fire protection requirements will be addressed with the site plan and building permit submittals. 2. Consolidated Mutual Water Company has no objection to the proposed rezoning. A new application for water service will be required with a change of use, at which time, the property will be required to comply with the all rules, regulations, and requirements for such use. 3. Xcel Energy has no objection to the proposed rezoning, contingent upon their ability to maintain all existing rights for overhead electric distribution facilities. 4. The Lakewood Police Department s Crime Prevention Through Environmental Design (CPTED) recommendations will be provided with a site specific development. 5. Jefferson County Public Schools reviewed the information and had no comment. If residential is proposed with a future site specific development the Jefferson County Public Schools will review the application and submit comments to the City of Lakewood regarding the effect on the district s facilities. Neighborhood Comments A neighborhood meeting was held on August 18, 2015 to introduce the proposal and gather feedback. Neighborhood stakeholders asked questions and voiced concern regarding the following issues: 1. Building and Site Design 2. Market Rate Versus Subsidized Housing and Ownership 3. Public Improvements 4. Process See Attachment E for a full summary of the neighborhood meeting. VI. PROJECT ANALYSIS ZONING ORDINANCE REVIEW CRITERIA The review criteria for rezoning requests are outlined in Section 17.2.3.3.A of the Lakewood Zoning Ordinance. Staff s analysis of the project against these standards is provided below in Section A. Finally, there are specific engineering standards that must be met, which are summarized in Section B below. A. Conformance with Standards for Rezoning Criteria 17.2.3.3.A: 1. The proposed rezoning promotes the purposes of the Zoning Ordinance as stated in Section 17.1.2. The proposed rezoning will support the purpose and intent of the Zoning Ordinance as follows: Public health, safety and welfare of the citizens of the City of Lakewood will be improved because it will provide an opportunity to utilize a vacant site in a way that is currently not possible.
Page 8 of 9 Rezoning to the Mixed-Use Employment zone district is appropriate given the M-E district s intent to have employment and residential uses along arterial streets and the district s purpose to provide a buffer between more intense uses and adjacent residential neighborhoods. The rezoning process supports the intent of the Zoning Ordinance by promoting orderly development through a public process. 2. The proposed rezoning is compatible with existing surrounding land uses or the land uses envisioned in the Comprehensive Plan. The proposed rezoning is compatible with the existing surrounding land uses as follows: The proposed rezoning is an extension of the existing Mixed-Use Employment Urban (M-E-U) zone district located to the south of the subject property. The M-E-U zone district is an employment and residential-based district that limits the amount of commercial or office land uses allowed in new developments which will help provide a buffer for the adjacent residential neighborhood. The zoning standards, as mentioned above, limit the height of buildings when adjacent to single family and two family zoning which will help protect neighborhood character. The zoning standards require a design transition zone of 125 when adjacent to single family and two family zoning also helping to protect the neighborhood character. 3. The proposed rezoning meets at least one of the following: The zoning ordinance requires that one of the following three factors must exist. i. The proposed rezoning promotes implementation of the Comprehensive Plan. The proposed rezoning will promote the implementation of Lakewood Comprehensive Plan as follows: The subject property is within a Growth Zone. The proposed rezoning will support the community s vision to be innovative and accommodate the changing economic, employment and housing conditions by enabling a more intensive use in an appropriate location. The proposed rezoning will support the community s guiding principles, goals and actions steps by: o Promoting clean and safe neighborhoods (L-N5) by allowing an opportunity for the development of a vacant site; and o Encouraging and supporting communication among neighborhoods and between the City and neighborhoods (L-N6) through a public process; and o Providing a new opportunity to meet the housing needs of all segments of the community (L-H1) by expanding the allowable uses to include townhomes and multifamily residential; and o Supporting community efforts to transition Colfax Avenue from a suburban arterial roadway to a complete urban street and economic corridor (I-GA1) by allowing development with an increased number of people who will work or live nearby to W. Colfax Avenue.
Page 9 of 9 ii. There has been a material change in the character of the neighborhood or in the City generally, such that the proposed rezoning would be in the public interest and consistent with the change. Not applicable. iii. The property was rezoned in error. Not applicable. B. Engineering Analysis. Public improvements will be required with the development of this site and will be identified in a Public Improvements Agreement (PIA) that will be finalized at the time of Major Site Plan review. It is anticipated that the property will have one point of access as well as curb, gutter and a detached sidewalk will be required with new development. VII. FINDINGS OF FACT AND ORDER Based upon the information and materials provided by the applicant, the neighborhood, and this staff report, staff supports the rezoning request. Therefore, the City of Lakewood staff recommends that the Planning Commission find that: A. Bill Foster, representing the property owner s group, is proposing to rezone from Large Lot Residential (R-1-12) to Mixed-Use Employment Urban (M-E-U); and B. Notice of the Public Hearing was provided to the fee owners of property and residents within 500 feet and registered neighborhood organizations within a 1/2 mile as required by the Lakewood Zoning Ordinance; and C. Notice was published in the official City newspaper at least six days prior to the hearing; and D. Notice was posted at the property at least 14 days prior to the hearing; and E. The request was reviewed by the appropriate referral agencies; and F. The proposed rezoning promotes the purposes of this Zoning Ordinance as stated in Section 17.1.2.; and G. The proposed rezoning is compatible with existing surrounding land uses or the land uses envisioned in the Comprehensive Plan; and H. The proposed rezoning promotes implementation of the Comprehensive Plan; AND The Planning Commission adopts the findings of fact and order, A through H, as presented in this staff report and recommends that the City Council APPROVE Rezoning Case No. RZ-15-002. cc: Case File- RZ-15-002 Bill Foster, Applicant