PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

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1 To: Planning and Zoning Commission From: John Hilgers, Planning Director Anna Bertanzetti, Principal Planner Meeting Date Agenda Category Agenda Item # March 14, 2016 Commission Business 4.c. 1. Public Hearing on Proposed Brunner Subdivision Filing No. 1 Replat A Final Plat, Urban Renewal Site Plan and Use by Special Review for a Fuel Center, and Broomfield Town Center Agenda Title: Site Development Plan/Urban Renewal Site Plan Second Text Amendment Property Location: West of Northwest Corner of Sheridan Blvd. and W. 120th Ave. Owner/Applicant: 5275 W. 120th Ave and AEW Capital Management/King Soopers 2. Consideration of Resolution No. PZ , Regarding the Application Summary The applicant, King Soopers, is requesting an urban renewal site plan (URSP) and use by special review for a fuel station with convenience kiosk. A final plat is requested to dedicate right-of-way for W. 120th Avenue. A site development plan/urban renewal site plan (SDP/URSP) text amendment is requested to modify a stormwater detention pond to revise the grading and landscaping to allow a new driveway to be extended from the fuel center to E. 1st Avenue. A subdivision improvement agreement will be reviewed by the City Council concurrent with the review of the request. The subdivision improvement agreement will outline the owner's responsibility for constructing public utilities and other public improvements such as right-of-way landscaping and sidewalks which are necessary to serve the proposed building. Variances are requested through the URSP to allow a custom sign package for the fuel center. The business includes two buildings (fuel canopy and kiosk). The applicant is requesting signage be allowed for the fuel center canopy as well as the kiosk. The variances include an increase in the number of signs and total sign area. Proposed Resolution No. PZ would recommend approval of URSP, USR, SDP/URSP text amendment, and final plat. Prior Council Action The property was annexed into Broomfield on February 14, 1971, with the adoption of Ordinance No City Council approved the 120th Avenue Gateway Corridor Urban Renewal Plan on November 9, 2004, by Ordinance No City Council approved modifications to the 120th Avenue Gateway Corridor Urban Renewal Plan and renamed the plan to the Amended West 120th Avenue Urban Renewal Plan on August 13, 2013, by Ordinance No A concept review for the proposed fuel station was held by the City Council on April 21, Financial Considerations The proposal is consistent with Broomfield s adopted Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards: o Recommend the City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards: o 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 scheduled public hearing. Following and subject to the results of the public hearing, the Commission may either Adopt Resolution No. PZ recommending approval with or without conditions; or Adopt Resolution No. PZ recommending denial.

2 Page 2 I. SUMMARY OF APPLICATION The application is for consideration of an urban renewal site plan (URSP) and use by special review for a fuel station. The plan includes an approximately one acre property located between E. 1st Avenue and W. 120th Avenue. The site is currently occupied by the Broomfield Veterinary Hospital, which plans to relocate to another location within Broomfield so the existing building can be demolished. The site plan shows a fuel center with nine fuel dispensers and a sales kiosk. Access to the site would be provided from E. 1st Avenue and W. 120th Avenue. A text amendment to the Broomfield Town Center Site Development Plan/Urban Renewal Site Plan is requested to allow the new driveway connection. The fuel center would be associated with the King Soopers grocery store located north of E. 1st Avenue within the Broomfield Town Centre shopping center. The property is located west of Sheridan Blvd. on the north side of W. 120th Avenue. Property Owner and Applicant The owners are 5275 W. 120th, LLC (fuel center site) and AEW Capital Management (stormwater detention pond). The applicant is King Soopers.

3 Page 3 Concept Review Plan A concept review was held for the subject property on April 21, The concept review included a fuel center with nine fuel dispensers and a sales kiosk. Comments during the concept review meeting were positive in regard to the architecture and landscaping. There were concerns expressed regarding an access drive proposed to Sheridan Boulevard and impact on the stormwater detention pond. The applicant revised the plans after the concept review to remove the access drive to Sheridan Boulevard which also reduced the impact on the stormwater detention pond. II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT Zoning The site is comprised of one lot zoned B-2 and within the Amended West 120th Avenue Urban Renewal Area. A fuel center requires a use by special review in the B-2 zone district and in this portion of the Urban Renewal Area. Final Plat The subject site was platted through the minor subdivision process as Lot 1 of Brunner Subdivision Filing No. 1 as approved administratively on September 7, The adjacent property to the north and west was originally platted as Tract D of Broomfield Town Centre Final Plat approved by the City Council on January 13, On April 6, 1998, the City Manager approved the Broomfield Town Centre Replat A minor subdivision, which renamed the tract to "Tract A." Site Development Plan/Urban Renewal Site Plan The stormwater detention pond located west and north of the fuel center site is located within a portion of the Broomfield Town Center Site Development Plan/Urban Renewal Site Plan. The area is shown for stormwater detension and is shown with low growing grass landscaping. III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan The Broomfield Comprehensive Plan designation for the subject property is Town Center. The Town Center designation is intended for a mix of retail, professional services, offices, entertainment uses, civic services, housing, public outdoor spaces, and transit service. The applicant s proposal of a fuel center is consistent with the land use designation.

4 Page 4 Financial Plan The proposed land uses are consistent with the land use assumptions in the Long Range Financial Plan. Goals and Policies Elements of the proposed project could help meet the following Comprehensive Plan goal: Goal LU-A Provide an appropriate mix of land uses that ensures sustained economic vitality. Urban Renewal Plan The site is within the Amended West 120th Avenue Urban Renewal Plan adopted by the City Council on August 13, 2013.

5 Page 5 West 120th Avenue Corridor Sub-Area Plan The Sub-Area Plan establishes the framework to guide development and redevelopment along the West 120th Avenue corridor from Main Street to Lowell Boulevard. The vision identified by the Sub-Area Plan is to create an attractive, quality commercial and mixed-use district providing civic amenities, a variety of uses, and a landscape palette to create a special identity for Broomfield. The Sub-Area plan sets forth the design guidance used to evaluate the specific site plan under consideration. Area Context and Property Location IV. AREA CONTEXT The site is currently occupied by the Broomfield Veterinary Hospital. The building to the east is occupied by Centurylink. Property to the immediate north and west of the site is utilized for drainage. Surrounding properties have developed into commercial retail, service, and restaurant uses within the Broomfield Town Centre development. The following map highlights the site within the context of the surrounding area. Surrounding Land Uses ADJACENT USE/ ZONING COMPREHENSIVE PLAN DESIGNATION North Retail Commercial/PUD Town Center South Commercial Retail/City of Westminster City of Westminster East Office/B-2 Town Center West Restaurant Commercial/PUD Town Center

6 Page 6 Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The application is for consideration of a fuel center and sales kiosk for the King Soopers located in Broomfield Town Center. The site is a approximately an acre located between E. 1st Avenue and W. 120th Avenue which is currently occupied by Broomfield Venterinary. The site plan includes a nine-dispenser fuel center with a sales kiosk. Access is proposed to the property from W. 120th Ave. and E. 1st Avenue. The fuel center will be associated with the King Soopers grocery store located north of the site in the Broomfield Town Centre shopping center. Background/Base Data 1. PROPERTY OWNER Kenneth Bixel 2. APPLICANT King Soopers 3. PROPERTY LOCATION West of Sheridan Blvd., North of W. 120th Ave. 4. PROPERTY SIZE 44,867 square feet 5. CURRENT ZONING B-2/Urban Renewal Area 6. PROPOSED ZONING B-2/Urban Renewal Area 7. CURRENT LAND USE Veterinary Office 8. PROPOSED LAND USE Fuel Center 9. COMPREHENSIVE PLAN Town Center DESIGNATION Land Use Summary Building Coverage (Kiosk and Canopy) 17.4% Drives/Parking Coverage 54.7% Private Open Area 27.9%

7 Page 7 LAND USE COVERAGE SQUARE FOOTAGE ACREAGE % OF SITE Existing Site Conditions Building Coverage (Kiosk) Building Coverage (Canopy) 222* % 6, % Drives/Parking 22, % Private Open Area 11, % TOTAL 43, % *The kiosk is 271 square feet. The portion of the kiosk is located beneath the canopy with only 222 square feet of the kiosk left uncovered. The property is currently occupied by the Broomfield Veterinary Hospital, which plans to relocate to another location within Broomfield so the existing building can be demolished. A site development plan was approved for the new location south of Midway Boulevard and the west side of Lowell Boulevard. When the new veterinary office is built, the veterinary owner has indicated he intends to install a small remembrance garden for pet owners. The area where drives are proposed to be constructed in Tract A of Broomfield Town Centre Replat A is an existing stormwater detention pond. Final Plat A final plat is requested to dedicate right-of-way to the City and County of Broomfield for W. 120th Avenue. The plat includes the single lot where the fuel station will be located, right-ofway for W. 120th Avenue, and additional easements needed to service the development. Vehicular Access, Circulation, and Parking The site has existing access from W. 120th Avenue. The existing drive is limited to right-in and right-out movement due to a median in W. 120th Avenue. The site plan proposes to relocate the existing drive farther to the west. Colorado Department of Transportation has reviewed the plan and has indicated they have no objection to the plan. To provide connectivity to the shopping center where King Soopers is located, the applicant is also proposing an access drive through the property to the west to E. 1st Avenue (known as Tract A). There is an existing access easement across this property designed to accommodate such a drive. The drive is shown crossing the existing stormwater detention pond located in Tract A. The drives will be designed to ensure they will not impair functioning of stormwater facilities. A traffic study was provided by the applicant and was reviewed by the Traffic Engineer to ensure the access point onto E. 1st Avenue is safe and functional. The concept plan includes two striped parking spaces along the east side of the property. Vehicles are expected to temporarily park on the site only when utilizing the fueling dispensers. The kiosk will provide services for the fueling vehicles only.

8 Page 8 Pedestrian Circulation There is an existing attached sidewalk along the north side of W. 120th Avenue. Due to existing grades, a railing is located adjacent to the sidewalk. The applicant has agreed to relocate the sidewalk and adjust the grades to minimize the use of railing along the sidewalk. The applicant has proposed a sidewalk extension along the west side of the drive from W. 120th Avenue to E. 1st Avenue. A bus stop is located immediately west of the drive access to W. 120th Avenue and the new pedestrian walk will provide a safe path of travel for pedestrians from the sidewalk along W. 120th Avenue and the bus stop to the kiosk and into the Broomfield Town Center. Landscaping The Sub-Area Plan requires a 50-foot wide landscape zone adjacent to W. 120th Avenue. The site plan includes the 50-foot wide landscape zone and includes new landscaping along this frontage including grass, shrubs, and trees. The site conforms to the minimum 25% open area requirement of the Sub-Area Plan. In addition to the 50-foot wide landscape zone, new landscaping is shown along the project perimeter. Architecture The fuel center will utilize colors and materials used in the adjacent Broomfield Town Centre development. The canopy and kiosk will feature beige colors. The support columns of the fuel canopy are wrapped in split face masonry veneer to match the nearby King Soopers grocery store to ensure compliance with the Sub-Area Plan design guidelines. Signage Signage is proposed for the canopy of the fuel center. A monument sign is proposed along the W. 120th Avenue frontage. Variances are requested from the Broomfield Municipal Code to allow additional signage for the canopy. The Broomfield Municipal Code requires a building to have a "pedestrian entrance" to determine the building frontage and thus the amount of signage allowed based on the length of the building frontage. Since the canopy does not have a "pedestrian entrance" it would not typically qualify for signage. The proposed variance includes an increase in the number of signs from five to seven and an increase in the square footage from 25.5 square feet to 270 square feet. The significant increase in signage is due to signage only being allowed for the kiosk per the Broomfield Municipal Code. Similar variances have been requested and approved for additional signage at fuel centers (including additional signs and increases in maximum square footage) such as Murphy Express at Palisade Park, Murphy Oil at W. 120th Avenue, and King Soopers Fuel Center at the Shops at Quail Creek.

9 Page 9 Site Development Plan/Urban Renewal Site Plan Text Amendment The applicant is proposing a driveway from the fuel center site to E. 1st Avenue. The driveway aligns with an existing access easement within Tract A of Broomfield Town Center Filing No. 1 Replat A. Tract A was previously included in the Broomfield Town Center Site Development Plan/Urban Renewal Site Plan (SDP/URSP). In the approved SDP/URSP the Tract is designed with low growing grasses and graded for stormwater detention. The applicant has shown revised landscaping and grading for Tract A as part of the URSP for the fuel center. The Engineering Division has reviewed the revised grading to ensure adequate stormwater detention is maintained for the area. By changing the contours of the grading within the basin, the applicant was able to accommodate stormwater while also providing the new driveway from the fuel center to E. 1st Avenue. The applicant is proposing a SDP/URSP text amendment to add a note to the SDP/URSP stating the landscaping and grading for Tract A are per the Brunner Subdivision Filing No. 1 Replat A URSP. The owner of Tract A has signed the text amendment and will also sign the Brunner Subdivision Filing No. 1 Replat A URSP. VI. STAFF REVIEW OF KEY ISSUES Staff has not identified any key issue with the proposed URSP, SDP text amendment and final plat. VII. APPLICABLE MUNICIPAL CODE PROVISIONS A public hearing is required. At the conclusion of the public hearing, the Planning and Zoning Commission reviews the application based on the following provisions of the BMC. FINAL PLAT Review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed final plat meets the standards set forth in section and is generally consistent with an approved preliminary plat, if there is one. No final plat will be recommended by the planning and zoning commission or approved by the city council until such maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials as may be required herein have been submitted and reviewed, and found to meet the planning, engineering, and surveying requirements of the city required; provided, however, that the city engineer may waive any final plat requirement for good cause shown. (Ord , 1987; Ord , 1992; Ord , 1995; Ord , 2011) Review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed preliminary plat meets the following standards: (A) (B) The project should not create, or should mitigate to the extent possible, negative impacts on the surrounding property. 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.

10 Page 10 (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) 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)

11 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING APPROVAL OF FINAL PLAT, SITE DEVELOPMENT PLAN/URBAN RENEWAL SITE PLAN TEXT AMENDMENT, URBAN RENEWAL SITE PLAN AND USE BY SPECIAL REVIEW FOR A KING SOOPERS FUELING CENTER LOCATED AT 5275 WEST 120 TH AVENUE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a Final Plat, Site Development Plan/Urban Renewal Site Plan Text Amendment, Urban Renewal site Plan and Use By Special Review for a King Soopers Fueling Center has been submitted. 1.2 Said application was considered during a public hearing held March 14, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.4 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code. 1.5 Said application may include certain variances from the Broomfield Municipal Code provisions. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends approval of the application with the following conditions: PASSED on March 14, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission

12 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING DENIAL OF A FINAL PLAT, SITE DEVELOPMENT PLAN/URBAN RENEWAL SITE PLAN TEXT AMENDMENT, URBAN RENEWAL SITE PLAN AND USE BY SPECIAL REVIEW FOR A KING SOOPERS FUELING CENTER LOCATED AT 5275 WEST 120 TH AVENUE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a Final Plat, Site Development Plan/Urban Renewal Site Plan Text Amendment, Urban Renewal site Plan and Use By Special Review for a King Soopers Fueling Center has been submitted. 1.2 Said application was considered during a public hearing held March 14, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.4 Said application is not in substantial compliance with the applicable requirements of the Broomfield Municipal Code. The application is deficient for the following reasons: a. b. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends denial of the application. PASSED on March 14, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission

13 Broomfield Town Centre Site Development Plan / Urban Renewal Plan - Second Amendment An Amendment to the Broomfield Town Centre Site Development Plan/Urban Renewal Plan (Recorded January 26,1998) 1. The approved, final Broomfield Town Centre Site Development Plan / Urban Renewal Plan, recorded on January 26, 1998, at Reception No , of the Boulder County, Colorado real property records (as previously amended by Amendment to Broomfield Town Centre Site Development Plan recorded on April 9, 1999, at Reception No of the Boulder County, Colorado real property records, the "SDP/URP"), included landscaping and grading shown on Tract "D" of Broomfield Town Centre. Tract "D" is now Tract "A", shown on Broomfield Town Centre Replat "A", Minor Subdivision, a Resubdivision of Tract "D" Broomfield Town Centre Final Plat, recorded on April 8, 1998, at Reception No The owner of the subject property has agreed to allow modification to the landscaping and grading to accommodate a drive access to the adjacent property located at 5275 W. 120th Avenue within an area designated for an access easement that is to be widened, and a new access easement over Tract "A" to be granted by separate agreement. 3. The following text amendment is hereby requested for the Second Amendment to the SDPAJRP for Broomfield Town Centre. As a result of this amendment, the undersigned owner will have a signature block on the final Brunner Subdivision Filing No. 1, Lot 1 (King Soopers #86 Fuel Center) Urban Renewal Site Plan and Use by Special Review. Sheet 1 of A note shall be added to say, "Improvements to Tract A, Broomfield Town Centre Replat A, including grading, landscaping, pavement, and signage shall be as shown on the Brunner Subdivision Filing No. 1, Lot 1 (King Soopers #86 Fuel Center) Urban Renewal Site Plan and Use by Special Review."

14 OWNER AUTHORIZATION: AEW LT BROOMFIELD TOWN CENTRE, LLC, a Delaware limited liability company Name: Title: STATE OF COLORADO- ) ) ss. COUNTY OF ). The foregoing instrument was acknowledged before me this ^ day of, 2016, by as of AEW LT Broomfield Town Centre, LLC. Witness my hand and official seal. My commission expires: W.WrVr^. otary Public LINDA M PRISCO i / ocloher 02,2020

15 APPROVALS: PLANNING AND ZONING COMMISSION CERTIFICATE: The second Amendment to the Site Development Plan / Urban Renewal Plan (SDPAJRSP) for the Broomfield Town Centre is recommended for Approval by the City and County of Broomfield Planning and Zoning Commission this day of, Chairman, Planning and Zoning Commission CITY COUNCIL CERTIFICATE The second Amendment to the Site Development Plan / Urban Renewal Plan (SDP/URSP) for the Broomfield Town Centre is hereby approved by the City Council of the City and County of Broomfield this day of, Mayor, City and County of Broomfield STATE OF COLORADO ) ) ss. COUNTY OF ) Witnessed by:, The foregoing instrument was acknowledged before me this day of, 20, by, as of Witness my hand and official seal. My commission expires: Notary Public