PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

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1 To: Planning and Zoning Commission From: John Hilgers, Planning Director Alice Hanson, Senior Planner Meeting Date Agenda Category Agenda Item # September 28, 2015 Planning & Zoning Commission Business 4.b 1. Public Hearing on the Proposed Comprehensive Plan Amendment, Amendment to the Parkway Circle Planned Unit Development (PUD), Final Plat and Site Development Plan (SDP) for an automobile dealership Agenda Title: Property Location: South of Via Varra, East of Northwest Parkway, West of West Midway Boulevard Applicant: The Gravity Company Owner: MI Development Corporation 2. Consideration of Proposed Resolution No. PZ Regarding the Application Summary The applicant is requesting the approval of an amendment to the Comprehensive Plan, an amendment to the Parkway Circle PUD, a final plat (dividing acres into two lots) and an SDP for development of an auto dealership on Lot 2 (4.58 acres) south of Via Varra and west of West Midway Boulevard. A portion of the property planned for the dealership has an approved SDP for a hotel which will be replaced by the proposed plan. The subject property is currently undeveloped. The proposed auto dealership includes a two-story building with a roof top parking deck. The total square footage of the building is proposed to be approximately 117,100 square feet. The Planning and Zoning Commission is required to provide a recommendation on the PUD plan amendment, the final plat, and the proposed SDP. Prior Council Action October 10, 2000, City Council approved a planned unit development plan and preliminary plat with Resolution No August 14, 2002, City Council approved a PUD amendment, final plat, site development plan (SDP), and subdivision agreement (SIA) with Resolution No A development agreement was approved with Resolution No A Metro District Service Plan was adopted with Resolution No and a vesting agreement with Ordinance August 14, 2007, City Council approved a PUD amendment, final plat, SDP, and SIA (Catania Apartments) with Resolution No February , City Council approved a SDP and final plat for two hotels with Resolution Nos (Hyatt Summerfield) and (Cambria Suites). September 16, 2008, City Council discussed a concept review for a site development plan for a variety of office, retail and hotel uses on acres in the Parkway Circle PUD. May 19, 2015, City Council discussed a concept review for a proposed auto dealership on a 4.58 acres site in the Parkway Circle PUD. 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 that the City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards: o o PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM City and County of Broomfield, Colorado Postpone action on the resolution and continue the hearing to a date certain; or Recommend the City Council deny the application. Proposed Actions/Recommendations Hold the public hearing. Following and subject to the results of the public hearing, the Commission may either: o Adopt Resolution No. PZ recommending approval with or without conditions; or o Adopt Resolution No. PZ recommending denial. Item 4.b. - Page 1

2 Page 2 The applicant requests approval of the following: I. SUMMARY OF APPLICATION Comprehensive Plan Amendment A change from the Mixed-Use Commercial land use category to Regional Commercial to promote the development of the property with uses such as regional shopping center, discount/big box retailer, travel commercial uses (such as gas stations and motels), and autorelated uses. PUD Plan Amendment The third amendment to the Parkway Circle PUD proposes amending the uses permitted in the PUD to allow one auto dealership within Parkway Circle. Final Plat A replat of portions of Lot 4, Parkway Circle Filing No. 5 and Lot 2, Parkway Circle Filing No. 6 to create two lots. The proposed plat will be named Parkway Circle Filing No. 7. The proposed automobile dealership is located on the 4.58 acre parcel. SDP for Audi Automobile Dealership A site development plan for an automobile dealership consisting of a single building containing 117,100 square feet and associated parking and landscaping. Property Owner and Applicant The owner of the property is MI Development Corporation. The applicant is The Gravity Company, LLC. II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT Zoning, PUD Plan and Preliminary Plat The site is zoned PUD and is subject to the Parkway Circle PUD Plan approved by the City Council in 2000 and amended in The Parkway Circle PUD, as described in the Project Intent: Preliminary Vision Statement states: The Parkway Circle project is envisioned as an upscale mixed-use development that will offer attractive properties to future businesses, patrons and residents. The intent is to develop a project that compliments nearby upscale developments such as {FlatIron} Crossing Mall and Interlocken Corporate Business Park. The project will provide a variety of mixed-use commercial and mixed residential units to create a medium to high-density urban center. A mixture of land uses including multi-family residential units, retail and restaurants are proposed for the entire Parkway Circle PUD area. An automotive dealership is not included in the permitted uses in the PUD, so the applicant is proposing an amendment to the PUD to allow the proposed dealership. Item 4.b. - Page 2

3 Page 3 The property is included in the Interchange Influence Area Overlay (Broomfield Municipal Code (BMC) 17-29). This overlay generally extends over the PUD zoned property on both sides of US 36 and introduces provisions in addition to the requirements of the underlying zone district. The intent of the Interchange Influence Area (IIA) designation is to foster high quality development in the area of the interchange of the Northwest Parkway and US 36. The proposed use is prohibited (BMC ) under the IIA overlay. The proposed amendment to the PUD would permit the dealership use and take precedence over the IIA requirements. Previously Approved Development Plans In 2000, the City Council approved a final plat for the entire Parkway Circle PUD area. The PUD was amended in 2002 with a site development plan specifying the land uses for each block within Parkway Circle Filing No. 1. The site plan for Vantage Pointe (condominiums) was also approved and constructed. In 2007, the City Council approved the site development plan for the Catania Apartments which is complete. In February 2008, the City Council approved site development plans for two hotels located south of Via Varra and west of Midway Boulevard (Parkway Circle Filing No. 5). The location of the each hotel is shown below. The Hyatt Summerfield hotel was constructed at the southwest corner of Via Varra and West Midway. The second hotel (Cambria Suites) was not constructed. Item 4.b. - Page 3

4 Page 4 Approval of the Audi dealership site plan would replace the Cambria Suites SDP and some of the freestanding commercial as the proposed site for the dealership is the hotel property and a portion of Lot 4 to the west of the hotel site. The illustrative plan below indicates the hotel site moving north of the proposed Audi dealership. In November 2008, City Council reviewed a concept plan for development of the balance of the Parkway Circle development as shown below. No subsequent formal application was considered for the proposed development configuration, but the base map is used in this report to depict the proposed underlying development plan for Parkway Circle Parkway Circle Concept Plan with Proposed Audi Dealership Location Status of Development The proposal is located in the Parkway Circle PUD. The Parkway Circle PUD is proposed for mixed-use development. Existing development includes 648 residential units (apartments, townhomes and condominiums) and a hotel (Hyatt). The property north of the proposed development is vacant. Broomfield open lands border the site on the south. An eight-foot multi-use trail in the Broomfield open space south of the proposed development is part of the Rock Creek regional trail and will eventually head west under the Northwest Parkway and connect to the US 36 bikeway. This trail also travels along West Midway Boulevard to connect to the Park-n-Ride at US 36. Item 4.b. - Page 4

5 Page 5 The following table provides a summary of the status of development within Parkway Circle. Development Status Parkway Circle Project Status Land Use Parkway Circle Filing No. 1 Blocks 1 and 3 Concept Review Complete Mixed-Use Commercial Holiday Inn Express SDP approved Hotel Catania Apartments Vantage Point Residential Hyatt Summerfield Cambria Hotels Parkway Circle Lot 2, Filing No. 7 Construction Complete Construction Complete Construction Complete SDP Approved (current proposal would supersede this plan) Proposal Under Review Residential Residential Hotel Hotel Proposed Audi Auto Dealership Parcel Location North and South of Via Varra North of Via Varra North of Via Varra East of Via Varra South of Via Varra South of Via Varra South of Via Varra West of Midway Acres Building Size (Square Feet) or Unit # ,000 sf ,242 sf Units Units ,000 sf ,000 sf ,100 sf III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Sub-Area Plan Comprehensive Plan The Broomfield Comprehensive Plan designation for the proposed development is Mixed-Use Commercial. The mixed-use commercial land use category is intended to provide a mix of commercial uses with supporting multi-family residential uses. Development is anticipated to provide a mix of commercial and supporting uses, exhibit quality buildings and site design, and provide an attractive pedestrian environment with strong street character. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. No more than 30 percent of the land area within the mixed-use commercial district should be utilized for residential uses. Because auto sales are not typically associated with traditional neighborhood designs and are not generally pedestrian-oriented, the proposed auto dealership is inconsistent with the Comprehensive Land Use Plan designation. An amendment to the Plan is requested with this application to designate the property to Regional Commercial. The Regional Commercial land use category specifically includes auto-related uses. Goals and Policies The proposed project would facilitate implementation of the following Comprehensive Plan goals: Item 4.b. - Page 5

6 Page 6 Goal ED-A: Adequate Tax Base Provide an adequate property and sales tax base to support quality city services, facilities and amenities. Goal ED-C: Employment Build a strong and diversified employment base in Broomfield that minimizes cyclical impacts of market changes and that provides job opportunities for Broomfield residents of all skills. Sub-Area Plans The property is within the U.S. 36 Sub-Area Plan (1997) and the 96 th Street/Northwest Parkway Sub-District Master Plan (1999). The approved Parkway Circle plan adopted the design standards from the 96 th Street/Northwest Parkway Sub-District Master Plan and variations are requested for the design standards to allow the building to merge the corporate identity requirements of Audi with the building materials and color pallet, setbacks and signage. The sub-area plan land use maps would need to be amended to be consistent with the proposed comprehensive plan land use map amendment. Area Context and Property Location IV. AREA CONTEXT Parkway Circle along with The Overlook and Broomfield Business Center comprise the neighborhood north of U.S. 36 and east of the Northwest Parkway. The overall area was planned for a mixed use neighborhood with business, retail, restaurant, and residential uses and is designated as Mixed-Use Commercial, Urban Residential and Mixed Use in the 2005 Comprehensive Plan. Development in the area began in Council has approved five multi-family development projects in the area: Vantage Pointe, Terracina, Terracina II, Catania, and Retreat at the Flatirons. An additional 288 apartment units are under development review. These six multi-family developments account for 1,691 apartments and 95 condominium units on approximately 73.4 acres of land in the area. In addition, two hotels have been approved in the area: the 123-room Hyatt Summerfield (constructed); and the 136-room Holiday Inn Express (approved, but not yet constructed). The proposed automobile dealership is proposed where a 129-room Cambria Suites was approved, but not constructed. The following illustration shows existing and proposed development locations within the acre planning area which includes the Broomfield Business Center, The Overlook District, and Parkway Circle (in order from north to south). The map indicates (in brown) the remaining 44 acres where concept or site development plans have not yet been considered. In addition, three sites have been submitted for concept review (two proposed hotels and one plan for industrial/commercial flex office space) and scheduled for the October Council study session. Item 4.b. - Page 6

7 Page 7 Item 4.b. - Page 7

8 Page 8 Surrounding Land Uses ADJACENT USE/ZONING North Undeveloped (Parkway Circle) / PUD Mixed Use South Broomfield Open Space Open Lands East Undeveloped / PUD with Conservation Easement West Broomfield Open Space / PUD with IGA Open Lands COMPREHENSIVE PLAN DESIGNATION Rural Residential/Conservation Easement V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The applicant requests approval of an amendment to the Comprehensive Plan, an amendment to the Parkway Circle PUD, a final plat (plat) and a site development plan (SDP) for an Audi automobile dealership on Lot 2, Parkway Circle Filing No. 7. The proposed development includes one three-story building (two stories and a rooftop parking deck) of approximately 117,100 square feet with display and customer parking (189 spaces). Background/Base Data OWNER APPLICANT PROPERTY LOCATION PROPERTY SIZE CURRENT ZONING PROPOSED ZONING CURRENT LAND USE PROPOSED LAND USE COMPREHENSIVE PLAN DESIGNATION MI Development Corporation The Gravity Company, LLC East of Northwest Parkway and south of Via Varra 4.58 Acres PUD with Interchange Influence Area Overlay PUD with variations Undeveloped Automobile dealership (Audi) Mixed-Use Commercial (current) Regional Commercial (proposed) Item 4.b. - Page 8

9 Page 9 Land Use Summary The following is a composite land use summary for the proposed development. Land Use Acreage of Site Coverage AUDI FLATIRONS DEALERSHIP COMPOSITE LAND USE SUMMARY % Total Floor Area of Building (SF) FAR Projected Construction Value Building % 117, $ 10,500,000 Open Lands % Parking and Drives % $4,300,000 Total % $ 14,800,000 Item 4.b. - Page 9

10 Page 10 Responses to Concept Review On May 19, 2015, the concept plan for the proposed Audi automobile dealership was discussed by City Council. The following are the major comments and the applicant s response as reflected in the plan submitted for formal approval: Architecture was supported and has remained the same as presented in the concept review. Concern that the use will create conflict in the neighborhood in regard to test drives, pedestrian access, lighting, and proliferation of automobile dealerships vs. retail and restaurant to complement the residential uses. The applicant met with the neighborhood and provided information on the test drive pattern and pedestrian connections related to the development (see Attachment 1 Summary of meeting and attendance list). The pedestrian connections are included in the SDP and the lighting has been redesigned to minimize light spillage beyond the property. The PUD amendment specifically permits the automobile sales, service, and storage use only on the subject site. Trail connections and protection of wetlands areas in the adjacent open space. The proposed plan includes pedestrian access along the northern property boundary connecting to the portion of the Northwest Parkway regional trail (a portion constructed with this project) and the existing regional trail in the Broomfield open space south of the property. The connection to the existing trail is located to avoid disruption of the wetland area. Comprehensive Plan Amendment The applicant has requested Council consideration of an amendment to the 2005 Comprehensive Plan Land Use Map to change the land use designation from Mixed Use Commercial to Regional Commercial land uses from the current designation. The Regional Commercial land use category anticipates uses such as a regional shopping center, discount/big box retailers, travel commercial uses, and auto-related uses. Specific amendments to the Comprehensive Plan are considered when a private land use proposal conflicts with the Comprehensive Plan land use designation, but is complementary to the goals, objectives and policies or simply the intent of the Plan. The proposed use meets the intent of creating an area with businesses and residential uses and addresses the Economic Development goals of improving and maintaining an adequate tax base and encouraging opportunities for a diverse employment base. When the 2005 Comprehensive Plan is amended, the associated Sub-Area Plans (in this case the U.S. 36 Sub-Area Plan and the West 96 th Street/Northwest Parkway Sub-District Master Plan) are also amended to be consistent with the revised comprehensive plan land use map. Parkway Circle PUD Amendment The current zoning is PUD with an Interchange Influence Area (IIA) overlay. The Parkway Circle PUD was adopted in 2000 and amended in 2003 and The Interchange Influence Area establishes additional requirements for properties near highway interchanges to encourage high quality development in the area of the interchange. Variations to the IIA standards can be proposed in the PUD. Item 4.b. - Page 10

11 Page 11 The intent of the PUD was to facilitate an upscale mixed-use development offering attractive development (such as large and small retail establishments, restaurants, office, and service uses) to future businesses, patrons and residents. The PUD permits automotive uses including fuel stations, repair, tire and battery, automotive supply and car wash uses, but does not permit automobile sales and service. The proposed Third PUD amendment limits the automobile sales and service use to the subject property in order to reserve the balance of the property in the Parkway Circle PUD for the mix of uses in the Parkway Circle PUD as illustrated in the master developer s concept plan on page four of this memo. Final Plat The proposed final plat (plat) replats Lot 4, Parkway Circle Filing No. 5 and Lot 2, Parkway Circle Filing No. 6 to create two new lots - a 4.58-acre parcel for the proposed automobile dealership and a 6.98-acre lot for future development. The final plat creates an access easement to connect Via Varra to both lots. Other easements created are for utilities, access, and a pedestrian connection from the private access drive to the regional trail along the Northwest Parkway with the Final Plat document. The existing easements associated with the previously approved plan on the property are in the process of being vacated by separate document and will be complete prior to recording the Parkway Circle Filing No. 7 Final Plat. The final review from GIS noted some outstanding technical issues that should be resolved prior to consideration by City Council. Site Development Plan for Audi Dealership The proposed SDP for the Audi Dealership contains a site plan, grading plans, landscape plans, architectural elevations, lighting plans, and sign plans. The following sections describe and review each of the plan elements within the proposed SDP. Site Plan The site is a 4.58-acre vacant parcel situated between the Northwest Parkway and West Midway Boulevard, approximately 500 feet south of Via Varra. The site slopes gradually from the north to the south. The primary street access will be at the established curb cut from West Midway Boulevard. A secondary access is provided by a access easement connecting the site to Via Varra. Utility service is available from Via Varra and West Midway Boulevard. Item 4.b. - Page 11

12 Page 12 The site plan shows the proposed building layout and setbacks, vehicular and pedestrian circulation and parking areas. The proposed plan for the Audi dealership includes a three-story building positioned on the site so the four-sided design provides interest from all approaches. The site will be highly visible from US 36 and the Northwest Parkway. The building includes a luxury automotive showroom, enclosed service write-up area, hi-tech service shop, mezzanine automotive delivery, and structured roof parking. The percentages of lot coverage and landscaping meet the requirements of the Parkway Circle PUD with 74% total building and parking lot coverage and 26% open land. Parking surrounds the building, but is broken up with landscaped islands and various bench areas for customer use. Setback variations are requested as follows - a 30-foot setback along the Northwest Parkway (as permitted by the PUD), five feet vs. the required 20 feet along the northern property line (adjacent to future development) and a varying setback (10 to 20 feet) along the southern property line (instead of the required 30 feet). The applicant should adjust the requested variation to five feet along the north property line to accommodate the sidewalk. The Parkway Circle PUD allows reductions in setbacks in order to create a comprehensive village concept in the general area. The access to the proposed dealership will be from West Midway Boulevard and Via Varra. The primary customer entrance will be from West Midway Boulevard. The secondary access to Via Varra is provided by a public access easement and construction of a two-lane street with a five-foot sidewalk (the PUD street standard) along the west side through the undeveloped property to the north. No parking will be permitted on the access drive. Item 4.b. - Page 12

13 Page 13 Pedestrian access through the site is discouraged by locating the pedestrian network on the perimeter of the auto dealership development. The Parkway Circle PUD included an eightfoot regional trail bordering the site along the Northwest Parkway. The portion of this trail along the proposed development will be constructed with the project. Connections to the regional trail will be made from the pedestrian network on the northern edge of the project and to the existing trail in the public open space south of the development. The trails located in the Northwest Parkway right-of-way and the Broomfield Open Space will be maintained by Broomfield and have standard Broomfield trails signage which will need to be identified on the SDP. The six-foot sidewalk along the northern border of the dealership will be privately maintained. A total of 189 parking spaces are provided for employees (estimated to be 35), customers, and automobile inventory. Landscaped islands throughout the parking area are required for every 10 parking spaces by the Parkway Circle PUD. A variation to reduce frequency of the landscaped islands (every 14 spaces) is requested on the SDP. The Parkway Circle PUD does not include parking requirements and the BMC parking standard for auto sales is based on the number of employees, but is silent on additional parking for customers and inventory. Bicycle parking is located in the circular area between Midway Boulevard and the building. Grading Plan The site slopes downward from the northeast to the southwest. The grading plan will create a level site for the development with the construction of some retaining walls in the southwest corner of the property. A temporary drainage swale in a private easement is created on the adjacent property along the northern border of the property. As the property to the north is developed this temporary drainage improvement will be removed and replaced with a permanent storm sewer improvement. The grading plans are in conformance with the master drainage study for Parkway Circle and applicable requirements of the Broomfield Municipal Code. Item 4.b. - Page 13

14 Page 14 Landscape Plans The plan includes 26% open area which complies with the requirements of the PUD plan. The plan concentrates on a perimeter landscape that provides a buffer to West Midway Boulevard and the public open space. A narrower area of landscaping along with a six-foot sidewalk is proposed along the northern property boundary adjacent to an undeveloped property. A variety of plant materials are incorporated into the plan at sizes established by the Broomfield Standards and Specifications. The landscape plans also identify snow storage areas around the parking area where snow may be piled after heavy winter storms. A green screen is designed on the exterior of the service portion of the building in order to provide relief to the structure and enhance the landscape. The Parkway Circle PUD requires a minimum of 10% of landscaping within parking areas of 500 spaces or less. Landscape islands of at least six feet in width with landscaping are included in the standards. In responding to the requests for setbacks larger than those originally proposed, the applicant has removed some of the parking area landscaping in order to meet the Audi requirements for inventory storage. A variation request is included in the SDP to address this request. Item 4.b. - Page 14

15 Page 15 Architecture The building is three stories with approximately 117,100 square feet. The building square footage includes parking of showroom vehicles on the roof. Rooftop parking is screened by parapet walls and covered by solar panels which will be slightly visible. The PUD requires high quality building materials with a preference for masonry, brick, and stone in earth tones. To balance the requirements of the Audi design template (a metal clad building with straight lines and sharp corners) and the PUD requirements, the applicant has introduced a varied material pallet incorporating stone and varied wall planes on the portions of the building oriented to the existing buildings. In addition, a green screen has been introduced to provide relief to the portions of the building along West Midway Boulevard. The Parkway Circle PUD prohibits metal buildings. Because the building elevations specify a corrugated metal proprietary rainscreen system, the applicant should request a variation in the SDP. The applicant states, Audi truly believes that their architecture complements and represents the level of design/engineering of their vehicles. They state the building serves as an identifier of the brand itself. Audi Signature Architecture Perspective from Northwest Parkway showing blend of Audi Signature Architecture and Parkway Circle PUD Architectural Requirements Item 4.b. - Page 15

16 Page 16 Perspective from Midway Sign Plans The sign plans show the basic locations and sizes of the wall and monument signs proposed. Dimensions should be added to the sign detail sheet. Variations are requested from the Parkway Circle PUD to increase the sign area and number of signs permitted due to the type of business and location on an arterial. A number of the proposed signs are directional in nature, but are calculated in the sign area based on the requirements of the Broomfield Municipal Code because of their size and inclusion of the Audi logo. The following table compares the requested waivers to the PUD plan standards. Audi Automobile Dealership Sign Plan Waiver Request Comparison Table Requested PUD Plan Maximum Wall Sign Area 242 square feet On three sides of the building 200 square feet On two sides of the building Maximum Number Wall Signs Seven Three Monument Sign Display Area 80 square feet 32 square feet (counts only sign area, Display no higher than does not include base) four feet Display area 6.75 feet Sign Height 25 ft. maximum 8 feet Seven wall signs Two monument signs Number of Signs Three wall signs One monument sign As shown in the table, the applicant is requesting a number of signage variations. The variation request should be clarified on the SDP prior to Council consideration. Item 4.b. - Page 16

17 Page 17 Circulation, Walkability, and Transit A regional trail system is planned along the Northwest Parkway and is anticipated to be constructed as development occurs. A six-foot sidewalk constructed along the northern boundary of the proposed development, along with the five-foot sidewalk on the access drive to Via Varra, will provide access to this trail for the residents and hotel patrons in Parkway Circle. An eight-foot multi-use trail in the Broomfield open space south of the proposed development is part of the Rock Creek regional trail and will eventually head west under the Northwest Parkway and connect to the US 36 bikeway. A sidewalk along West Midway Boulevard connects the neighborhood to the Park-n-Ride at US 36. Summary of Variations A number of variations are requested for the proposed development. The variation requests are driven by the desire to provide a more updated design than was originally envisioned in the Parkway Circle PUD which was adopted in A summary of the variations is found on the cover sheet of the SDP and is reproduced on the following page. Based on details in the SDP document, some amendments and additions are needed in the summary table on the cover sheet. Due to the technical nature of the corrections, the table could be amended prior to consideration of the plan by City Council. Neighborhood Meeting and Parkway Circle ACC Comments On June 16, 2015, the applicant held an informational meeting with the residents of the Parkway Circle neighborhood. Approximately 18 residents attended the meeting and expressed concerns regarding vehicular related issues, environmental impact, disruptive lighting and noise. The applicant provided the map below to illustrate the required test drive and pedestrian circulation patterns and answered questions as summarized in Attachment 1. Item 4.b. - Page 17

18 Page 18 TEST DRIVE AND PEDESTRIAN CIRCULATION MAP The Parkway Circle Architectural Control Committee (ACC) reviewed the proposed plans and submitted the letter in Attachment 2. The ACC recommends the reduction of the width of the trail on the south and southwest sides of the development be reduced from eight feet to five feet and that construction of the sidewalk on the access drive to the north not be constructed with access drive proposed with the development. These comments are in conflict with the approved Parkway Circle PUD. Both paths enhance the pedestrian network being developed in the neighborhood and have been represented as such to the neighborhood. V. STAFF REVIEW OF KEY ISSUES A number of technical details require clarification in the plan documents. A condition to allow administrative changes and clarification to the plans prior to consideration by City Council is recommended. VI. APPLICABLE MUNICIPAL CODE STANDARDS The Planning and Zoning Commission reviews the PUD amendment, final plat, and site development plan applications based on the following provisions of the Broomfield Municipal Code. Item 4.b. - Page 18

19 Page 19 Planned Unit Development Plan Amendment PUD plan; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. (Ord , 1987; Ord , 1995; Ord , 2011) PUD 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 PUD plan would be acceptable shall be set forth. (Ord , 1987; Ord , 1995; Ord , 2011) PUD 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 PUD 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 be consistent with the master plan. (C) The proposal should identify and mitigate potential negative impacts on nearby properties, other areas of the city, and the city as a whole. (D) The proposal should identify and maximize potential positive impacts on nearby properties, other areas of the city, and the city as a whole. (E) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (F) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (G) The proposal should optimize conservation of energy, water, and other resources on a broad scale. (H) The land uses within the plan should be compatible with one another and with nearby properties. (I) The proposal should provide for open space at a rate of not less than 40% of the developable site in (J) residential areas and 25% in other areas as provided in section below. The proposal should adequately provide for an organization for ownership and maintenance of any common areas. (K) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (Ord , 1987; Ord , 1995; Ord , 2011) PUD plan; modification. Any modification to an approved PUD plan requires the same review by the planning and zoning commission and the city council as the original PUD plan. (Ord , 1987; Ord , 1995; Ord , 2011) 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 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 Item 4.b. - Page 19

20 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) Item 4.b. - Page 20

21 ATTACHMENT 1 Summary of Neighborhood Information Meeting on 6/16/15 Representatives from the Audi dealership and the Gravity Company held a Public Meeting at the Hyatt House in Broomfield, CO at 7:30 on June 16, The primary concerns of the residents at the neighborhood meeting included: A. Vehicular-related concerns: increasing traffic through the neighborhood, test drive routes and pedestrian safety while crossing site entrances. B. Negative environment impact C. Disruptive noise from the dealership D. Disruptive light from the dealership In response to the above concerns, the Audi dealership and Gravity representatives discussed the following items to alleviate residents' concerns: Al. The dealership will have clearly visible and effective signage to direct customers and visitors to the dealership as to minimize the effect of lost drivers. Dealership representatives explained that customers, both through experience and the use of online direction systems, quickly learn the most direct route to the dealership. These terms were acceptable to the group. A2. Dealership representatives explained that (i) all test drives will turn right onto Midway Blvd., or North on the private road and left onto Via Varra, so that test drive traffic does not travel through the heart of the Parkway Circle neighborhood, and (ii) test drives are always conducted with an authorized dealership representative in the vehicle. Gravity provided an area plan that provided support of these explanations and suggestions made by dealership. See attached test track plan. These were acceptable to the group. A3. Decorative cross walks will be used to clearly delineate and identify pedestrian crossings. These were acceptable to the group. Bl. All pollutants on the premise, like oil, are kept in identifiable containers and the contents are tracked both in and out of the property. These terms are acceptable to the group. B2. There are appropriate drainage systems in place to ensure waste water and soap are disposed of through appropriate waste discharge systems and not released into storm drains or the environment. CI. The service shop will maintain appropriate noise levels that should not be disruptive to neighbors Dl. The reach of all exterior lights will be controlled to not disrupt neighbors at night. At the end of the meeting, the residents appeared to be supportive of the Audi dealership. Many residents who had expressed concern indicated that their issues were adequately addressed and that they supported the project. Item 4.b. - Page 21

22 COMMODITY _ M grf1t^6 A/DI OF" f^pgq {MP ) LQ G^&\\^>- Afl^NpAH-QB KfAWS. /6D«(T-CS5 CCrfv^bOT IfTFb P&K!sf\ '-pvyw's^n /(vin2> t ik^ l^^xj U*n<HS><*c4 Twcm^\ryc*»c v c c> ^ Q^mrtA«/ng\ ««e>rtog d COYK ;» Ec tx^f^pil^./^feo^itm Ccuih" H iswiu I A <^^1 i_ l\ t&ol-s>/oveiw/ify ' flttfajrftk /.^W< fiwld-tr ~^o""bft. SitMorug" / STc^^»f S/yftMoS,^) *»K1 ISiy l*ylfck<?t~ &T ^>gw«rfiz_cc> AHby set-h/ifx. «esit>6'/ur wsx v "» "A**- 4 / &&e*hflf:l\> L Co t*o&o /^TT^du/LU /jo^; Qutfc^ O^iAA^VVVOcIA, < 0^fU-^56W.^^ rw.cl nq} Q^maLQ }\ajhb^tk}&cjz^q(m^j /35f% V/4 VA/trfJ 3<^ij/ey5V^yyioul^ hj L~*>U2- u^cchi-1 (^ extract* I, cary y^a^etc^iz> SoAy. /)Ui oceo t\j/t t>wa VKI I\^CT*V (fliira i^ohlts 1/:* i^rr^ra. vo // f/ ^ (g. 3/* * / U**t Lofi/S)/ CbLtJbu6 _ /?f?? Ui4 ima^a- 3 v Lte, (LoL.w>»^ U5u& V/«-v l/^rr- cfct' *-~j loll*.chc^alj ^&HVTMAIL* CAM, Item 4.b. - Page 22

23 !U AWfie*/? ^o^fjs^c \^ & -I*# V-AiL Sw^> 3u^u~ 3.I\+'-ISOA ^ickif*\ifi.c TWin 13^2 m V4444 Wfa P/Ht> *&&<&> \\0\h Vi(G w&fi mvb ' " ' fid 8»^ \*z,*t6^ V/^ 60 ^^(o'a M/a ^oj*cct^(tscrw^igjd l3$?g\fn\w*ll>- Tert.ymTfysj &, 0/*<9/t, &>** H^OD CR4"7 S)an, ^fr>^pu4. U&nihGYi*!i "J J ^cki fniec $,C^ -> 5ilNu cuj5@.qp< $<» qfn*u!. CJ^-> v Item 4.b. - Page 23

24 ATTACHMENT 2 HITECTURE architecture I planning I Interiors September 22, 2015 Developer Matthew Newell, Chief Legal Officer GKLC LLC SE Mill Plain Blvd., Ste. 190 Portland, OR Developer Representative F. Michael Graves The Gravity Company, LLC Noel Road, Ste Dallas, TX RE: Parkway Circle Filing No. 7, Lot 2 - Audi Flatirons, Site Development Plan Submittal Dear Mr. Newell & Mr. Graves: The Parkway Circle Architectural Control Committee (ACC), comprised of G3 Architecture, Inc. and MI Development Corporation - Texas, A Texas Corporation, have reviewed the Site Development Plan submittal packages, prepared by Enertia Consulting Group, dated September 22, The Architectural Control Committee hereby approves the Parkway Circle Filing No. 7, Lot 2 - Audi Flatirons, Site Development Plan Submittal (referenced above). Two ongoing site development items will need closure, and are currently being reviewed by the City of Broomfield and the Owner. The trail connection along the south and southwest sides of the project are being proposed to be placed within the Flatiron Audi property. The width of the trail connection is proposed to be reduced from its existing 8' width to 5'. The proposed concrete sidewalks on both sides of the north-south connector road between Via Varra, south to the Flatirons Audi roundabout, are being proposed to be built at a future date when the uses, access point geometries, and site/building layouts for both Lot 1, Parkway Circle Filing No. 6, and Lot 1, Parkway Circle Filing No. 7 properties have been determined. Should you have any questions, or require additional information, please do not hesitate to contact me East Yale Circle, Suite 301 Denver, CO (720) Item 4.b. - Page 24

25 Page 2 - Parkway Circle Filing No. 7, Lot 2 - Audi Flatirons, Site Development Plan Submittal Truly Yours, G3 Architecture, Inc. Scott R. Higa, AIA, NCARB Principal License No.: cc: Kim Scott, MI Development Corporation - Texas Joong Song, Director of Design, G3 Architecture, Inc. 2 Item 4.b. - Page 25

26 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING DENIAL OF PARKWAY CIRCLE PLANNED UNIT DEVELOPMENT THIRD AMENDMENT, FINAL PLAT AND SITE DEVELOPMENT PLAN FOR AUDI FLATIRONS APPROXIMATELY LOCATED SOUTH OF VIA VARRA, EAST OF NORTHWEST PARKWAY AND WEST OF WEST MIDWAY BOULEVARD 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 has been submitted. 1.2 Said application was considered during a public hearing held September 28, 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. 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 with the following conditions: 3.1 That 3.2 That 3.3 That PASSED on September 28, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.b. - Page 26

27 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING DENIAL OF PARKWAY CIRCLE PLANNED UNIT DEVELOPMENT - THIRD AMENDMENT, FINAL PLAT AND SITE DEVELOPMENT PLAN FOR AUDI FLATIRONS APPROXIMATELY LOCATED SOUTH OF VIA VARRA, EAST OF NORTHWEST PARKWAY AND WEST OF WEST MIDWAY BOULEVARD 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 has been submitted. 1.2 Said application was considered during a public hearing held September 28, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.4 Said application is not in substantial conformance 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 28, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.b. - Page 27

28 Parkway Circle Preliminary Plat and PUD Plan Third Amendment Located in Section 28, T1S, R69W, of the 6 th P.M. 1. The approved Parkway Circle PUD recorded in December 2000 states: Automotive uses including fuel stations, repair, tire and battery, automotive supply, car wash are permitted 2. The Parkway Circle PUD references prohibited uses in the Interchange Influence Area BMC (G) which include automobile sales or storage. The Parkway Circle PUD does not list automobile sales as a primary use as a deviation from the Municipal Code 3. Broomfield Municipal Code Section (c) states a PUD plan or a site development may vary the provision of Titles 14, 16, and 17, B.M.C., but only to the extent specifically shown on an approved PUD plan or site development plan. 4. The owner of Lot 2 Parkway Circle Filing No. 6 and a portion of Lot 4 Parkway Circle Filing No. 5, to be known as Lot 1 of Parkway Circle Filing No. 7, requests a variance in the PUD uses to permit automobile sales and service on their property. Therefore, the following Text Amendment is hereby authorized to the Parkway Circle PUD and Preliminary Plat: On sheet 3 of 12 Parkway Circle PUD Recorded December 2000: 1. To allow for a deviation from the Municipal Code Chapter Interchange Influence Area and permit automobile sales and service as a use by right, amend the PUD as follows: Proposed Land Uses within Development Blocks (page 3) by replacing: Prohibited Uses in this Interchange Influence Area include those specified in the Broomfield Municipal Code (Section 17.29) With the following: Prohibited Uses in this Interchange Influence Area include those specified in the Broomfield Municipal Code (Section 17.29) with the exception of automobile sales and service permitted only on Lot 2 Parkway Circle Filing No. 6 and a portion of Lot 4 Parkway Circle Filing No. 5, to be known as Lot 1, Parkway Circle Filing No. 7. APPROVALS: PLANNING AND ZONING COMMISSION CERTIFICATE This Third Amendment (Text) to the Parkway Circle PUD Plan and Preliminary Plat is recommended for Approval by the City and County of Broomfield Planning and Zoning Commission this day of, Secretary Planning and Zoning Commission Chairman, Planning and Zoning Commission Item 4.b. - Page 28