PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM City and County of Broomfield, Colorado To: Planning and Zoning Commission From: John Hilgers, Planning Director Anna Bertanzetti, Principal Planner Meeting Date Agenda Category Agenda Item # June 9, 2014 Commission Business 4.d 1. Public Hearing on Proposed Palisade Park Filing No. 1 Replat A Lot 5 Murphy Express Site Development Plan/Urban Renewal Site Plan Agenda Title: Property Location: Northwest Corner of Huron Street and State Highway 7 Applicant: Murphy Oil USA Owner: Kevamra, LLC 2. Consideration of Resolution No. 2014-18, Regarding the Application Summary The applicant, Murphy Oil USA, is requesting a site development plan/urban renewal site plan (SDP/URSP) for a new gas station with convenience store on 1.49 acres within the Palisade Park development. The proposal includes a 3,445 square foot convenience store and canopy covered fuel pump dispensers. The site is adjacent to the northwest corner of State Highway 7 and Huron Street. Parking for the convenience store is provided on the south, east, and west sides of the building. The proposed gas station will have primary access to Huron Street via a shared access drive. A second point of access will be provided to Delaware Street via the same shared access drive. An improvement agreement will be reviewed by the City Council concurrent with the review of the SDP/URSP. The improvement agreement will outline the owner's responsibility for constructing sidewalk and landscaping along Huron Street and State Highway 7. Variances are requested through the SDP/URSP to reduce the number of parking spaces from 23 spaces to 20 spaces, to allow an increase in the number of building signs, and decrease the setback for a monument sign from eight feet to three feet. Proposed Resolution No. 2014-18 would recommend approval of the site development plan/urban renewal site plan. Prior Council Action On October 27, 1999, Broomfield annexed the property by Ordinance No. 1420. On February 14, 2006, Council approved the Palisade Park Planned Unit Development (PUD) Plan for the property by Resolution No. 2006-21. On April 27, 2004, Council approved the North Park West Urban Renewal Project by Ordinance No. 1768. On October 9, 2007, Council and the Broomfield Urban Renewal Authority (BURA) approved the Palisade Park Filing No. 1 Site Development Plan (SDP)/Urban Renewal Site Plan (URSP) and Final Plat for Children s Hospital by Resolution Nos. 2007-186 and 2007-187-UR. On June 28, 2011, Council approved Palisade Park Filing No. 2 Final Plat, a site development plan for Lot 2 (National Archives and Records Administration building), an improvement agreement for Lot 2, and a subdivision improvement agreement for Palisade Park Filing No. 2 by Resolution Nos. 2011-100 and 2011-104-UR. On October 22, 2013, Council approved Ordinance No. 1987 vacating portions of Lowell Lane, W. 169th Avenue, and County Road 7 and Resolution No. 2013-154 approving the Comprehensive Plan Land Use Amendment, Sub-Area Plan Land Use Amendment, Palisade Park Filing No. 3 SDP, Palisade Park Filing No. 3 Final Plat, Palisade Park Filing No. 1 SDP Amendment, and Subdivision Improvement Agreement. Proposed Resolution No. 2013-156-UR would approve the Palisade Park Filing No. 1 URSP Amendment and Palisade Park Filing No. 3 URSP. On May 27, 2014, Council approved Palisade Park Filing No. 1 Replat A Final Plat and subdivision improvement agreement by Resolution No. 2014-76. Financial Considerations The proposal is consistent with Broomfield s adopted Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards: o Recommend the City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards: o Postpone action on the resolution and continue the hearing to a date certain; or o Recommend the City Council deny the application. Proposed Actions/Recommendations Hold the scheduled public hearing. Following and subject to the results of the public hearing, the Planning and Zoning Commission may either Adopt Resolution No. PZ 2014-18 recommending approval with or without conditions; or Adopt Resolution No. PZ 2014-18 recommending denial. Item 4.d. - Page 1
Page 2 I. SUMMARY OF APPLICATION The proposal is for a gas station with convenience store on 1.49 acres at the northwest corner of State Highway 7 and Huron Street. The site is within the Palisade Park development. The site will have access to Huron Street and Delaware Street via a new shared access drive owned and maintained by the Palisade Park Metropolitan District. The site is adjacent to State Highway 7, but direct vehicular access is not provided to State Highway 7. Property Owner and Applicant The property owner is Kevamra, LLC and the applicant is Murphy Oil USA. Concept Review A concept review was held on the proposed gas station on February 4, 2014. Comments from the concept review were generally supportive including specific comments in support of the proposed use, metal support columns on the gas station canopy, and the reduction in parking. There was some concern regarding the amount of signage and need for a pedestrian walkway to the building. In response to the concern regarding signage, the applicant reduced the size of the east building wall sign on the convenience store building and removed a pricing sign on the north side of the gas station canopy. A pedestrian connection to the perimeter sidewalk was provided on the north side of the building to a new sidewalk along the private drive. Item 4.d. - Page 2
Page 3 II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT Zoning, PUD Plan and Preliminary Plat In 2006, Council approved the Palisade Park PUD Plan for the property. In 2008, Council approved a text amendment to the PUD Plan to allow for research and development uses and temporary research and development uses. In October 2013, a third amendment to the PUD Plan was approved and included the following changes: 1. Eliminate the widening of Lowell Lane and eliminate vehicular access to Lowell Lane; 2. Provide a new cross section for local roads within the area south of W. 169th Avenue where private roads had previously been proposed; 3. Reduction in the allowed number of dwelling units from 1,000 units to 361 units; and 4. Revisions to the public land dedication requirements and open lands plan based on the lower number of residential units. Site Development Plan and Final Plat The Palisade Park Filing No. 1 final plat was approved in 2007 and included dedication of rightof-way for major roadways within and adjacent to the subdivision. A site development plan (SDP) for Filing No. 1 was approved concurrent with the final plat in 2007 and included right-ofway landscaping, landscaping for private tracts, and a sign program for the development. The Filing No. 1 SDP was amended in October 2013 to revise the right-of-way landscaping, landscaping within private tracts, and the master sign program. Status of Development The table below is a summary of the projects that have been reviewed within the Palisade Park PUD. Summary Status of Development for Palisade Park Building Size (Square Feet) or Units Construction of Phase I complete 18.5 46,630 sf Project Parcel Location Land Use Status Acres The Children's Hospital Northeast corner of State Highway 7 and Palisade Parkway Medical Office Building Bickler Oil and Gas Well Use by Special Review Southwest corner of Lowell Lane and Huron Street alignment Oil and Gas Well Site Construction Complete 2.02 N/A Retail at Palisade Park Northwest corner of County Road 7 and Huron Street Commercial Retail, Restaurant, and Service Concept Review Complete 8.46 N/A Paseos at Palisade Southwest corner of W. 169th Avenue and Huron Street Multi-family Residential Concept Review Complete 8.9 177 units National Archives and Records Administration Northwest corner of W. 169th Avenue and Huron Street Office and Warehouse Construction Complete 12 163,236 sf The Village at Weldford Farm Northeast corner of W. 169th Avenue and County Road 7 Single-family residential SDP Approved, Construction Plans in Review 40.1 161 units Item 4.d. - Page 3
Page 4 Sundrop Fuels Temporary Use South of Lowell Lane between Huron Street and County Road 7 Temporary Research Use Removed from Site 4 N/A Courtyard by Marriot North of State Highway 7 and West of Huron Street Hotel Concept Review Complete 2.6 120 Rooms Murphy Oil Northwest corner of State Highway 7 and Huron Street Gas Station with Convenience Store Subject Property 1.49 3,445 sf (building) and 6,026 sf (canopy) III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan Land Use Map Council approved the Comprehensive Plan in October 2005 and amended the land use map in 2006 when the Palisade Park PUD Plan was approved. The land use map was also amended in 2013 when The Village at Weldford Farm residential project was approved by City Council. The following map is a portion of the Comprehensive Plan Land Use Map covering the subject property and surrounding area. Item 4.d. - Page 4
Page 5 The Comprehensive Plan identifies the site as Mixed-Use. Mixed-Use is defined as follows. Mixed-use areas include commercial, office and residential (multifamily or single-family attached) uses. A mix of uses with quality site and building design, a pedestrian-friendly environment and street vitality are important. Traditional neighborhood design concepts higher density, buildings close to the street with easy pedestrian access, narrower streets to slow traffic, on-street parking with parking lots behind buildings, residential with porches or balconies facing the street are essential. The mix of uses should allow for a diversity of housing in Broomfield with for-sale and rental properties. The mix of uses may be achieved horizontally throughout the site; however, vertical mixes within buildings are highly encouraged. This land designation calls for a maximum multifamily density of 25 dwelling units per acre. A maximum of 75 percent of the developable land area may be used for a single use (either residential, office or commercial) when single-use buildings are proposed. Projects with vertically mixed-use buildings may be allowed to utilize up to 90 percent of the developable land for a single use. This land use designation is primarily used in the West 120 th Avenue redevelopment area. The proposal is consistent with the Comprehensive Plan. Financial Plan The proposal is consistent with the land use assumptions established in the Long Range Financial Plan. The applicant s estimated project valuation for the new construction is valued at $450,000 dollars. The applicant did not provide an estimated value of the land. Goals and Policies The proposed project would help meet the following Comprehensive Plan goals: Goal LU-A: Provide an appropriate mix of land uses that ensure sustained economic viability. Neighborhood / Area Plan The Palisade Park PUD Plan is located within the I-25 Sub-Area Plan. Council adopted the I-25 Sub-Area Plan with following purpose: Broomfield s Sub-Area Plans are designed to help achieve several common goals: Create a quality Gateway Image that conveys the desired vision for the Broomfield community; Establish a balance of complementary land uses; Maintain economic stability for Broomfield through value-creation and value-retention; Provide a means for coordinating planning for infrastructure; Promote meaningful dialog among landowners, governmental agencies, and others to facilitate, communication, cooperation, and successful development results; and Fulfill intergovernmental commitments made through agreements. Item 4.d. - Page 5
Page 6 Relationship to Urban Renewal Plan A map provided below shows the boundaries of the North Park West Urban Renewal Area. In 2004, Council adopted the North Park West Urban Renewal Plan with the following goals: The Plan will implement those provisions of the Master Plan and the I-25 Sub-Area Plan as apply to the Urban Renewal Area and insure the orderly growth and development of the Urban Renewal Area; The Plan will create a quality gateway image that conveys a desirable vision for the City and the region; The Plan will promote a balance of complementary land uses in the Area; Implementation of the Plan will eliminate and prevent conditions of blight in the Urban Renewal Area; Through the maximum possible participation of private enterprise and the cooperative efforts of the public sector, implementation of the Plan will eliminate and prevent economic deterioration in the Urban Renewal Area and the community at large. The Plan will promote creation of value in the Area; The Plan will assist in the mitigation and control of the danger from flooding in the Urban Renewal Area as well as adjoining property; The Plan will upgrade public facilities and infrastructure, access, traffic, pedestrian and bicycle circulation, public utilities, public amenities, recreation and drainage in the Urban Renewal Area; The Plan will help attract capital investment and new retail businesses, retention and development of a competitive regional retail market, thereby providing employment and strengthening the City s economic base; and The Plan will expand retail opportunities for the citizens of Broomfield and the surrounding area and create a stable sales tax base for the City. Item 4.d. - Page 6
Palisade Park Filing No. 1 Replat A Lot 5 Murphy Express SDP/URSP Page 7 The Urban Renewal Plan requires the Urban Renewal Authority hold a public hearing on all plans or proposals for development in this area to ensure that the highest quality development is achieved. The BMC requires that Planning and Zoning Commission must hold a public hearing on urban renewal site plans prior to consideration of the plan by BURA. IV. AREA CONTEXT Property Location The detail map below shows the area of Palisade Park PUD Plan over an aerial photograph. The first phase of The Children s Hospital has been completed adjacent to State Highway 7, the Nation Archives and Records Administration building west of Huron Street has been constructed, and oil and gas wells have been developed at the northeast corner of the subdivision. A temporary research and development site (Sundrop Fuels) was constructed at the northeast corner of the project area, but has now been removed. Construction has begun for the Village at Weldford Farm by Taylor Morrison and the first phase of houses are expected to be completed in the fall of 2014. Item 4.d. - Page 7
Page 8 Surrounding Land Uses ADJACENT USE/ZONING COMPREHENSIVE PLAN DESIGNATION North Undeveloped (Palisade Park)/PUD Mixed-Use South Undeveloped (North Park)/PUD Mixed-Use West Undeveloped (Palisade Park)/PUD Mixed-Use East Undeveloped (Northlands)/PUD Regional Commercial Project Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The proposal is for a gas station on 1.49 acres within the Palisade Park subdivision. Details regarding architecture, landscaping, and parking lot design are included for the gas station, which includes a 3,445 square foot convenience store and a 6,026 square foot canopy over the fuel pump dispensers. Background/Base Data 1. PROPERTY OWNER Kevamra, LLC 2. APPLICANT Murphy Oil USA 3. PROPERTY LOCATION Northwest corner of State Highway 7 and Huron Street 4. PROPERTY SIZE 1.49 acres 5. CURRENT ZONING PUD 6. PROPOSED ZONING PUD 7. CURRENT LAND USE Undeveloped 8. PROPOSED LAND USE Commercial (gas station) 9. COMPREHENSIVE PLAN Mixed-Use DESIGNATION Land Use Summary The following is a composite land use summary for the proposed development. MURPHY OIL AT PALISADE PARK COMPOSITE LAND USE SUMMARY Lot Sizes Acres Density Floor Area Land Use Coverage Sq. Ft. Acres % Lots DU/A Min Avg Max Min Avg Max Commercial Building 3,445 0.08 1 N/A N/A N/A N/A N/A N/A N/A Commercial Canopy 6,026 0.14 15% Projected Dev Cost Drives and Paved Surfaces 37,616 0.86 58% Open Areas 17,806 0.41 27% Total 64,893 1.49 100% $450,000 (New Construction) Item 4.d. - Page 8
Page 9 Composite Land Use Graphic Parking and Drive Coverage 58% Open Area Coverage 27% Building Coverage 15% Site Layout The proposed gas station is located within an 8.56-acre future commercial site at the northwest corner of State Highway 7 and Huron Street. Murphy Oil Item 4.d. - Page 9
Page 10 The proposed gas station will not have direct access to State Highway 7. A private, shared drive will bisect the commercial center from east to west between Delaware Street and Huron Street. Access to the commercial center will be from this private east/west drive. A future cross access is proposed at the south side of the site to the adjacent commercial property to the west. Access and Circulation A private east/west drive is proposed along the north side of the gas station site from Delaware Street to Huron Street. The private drive will be shared by the adjacent property owners and maintained by the Palisade Park Metropolitan District. Delaware Street, which is located immediately east of The Children's Hospital campus, was recently dedicated to Broomfield as part of Palisade Park Filing No. 1 Replat A. A portion of Delaware Street is currently constructed from State Highway 7 to the northernmost entrance into The Children's Hospital Campus. Pedestrian Access Detached 10-foot wide sidewalks are proposed along Huron Street and State Highway 7. These sidewalk alignments and landscaping between the sidewalk and the street was approved as part of the Palisade Park Filing No. 1 SDP - First Amendment. The applicant is requesting to modify the landscaping between the sidewalk and the curb adjacent to the Murphy Oil site. The modification is consistent with the original design intent, but adjusts planting based on the proposed site plan for Murphy Oil. A grade-separated pedestrian crossing of State Highway 7 was included in the Palisade Park PUD Plan and North Park PUD Plans, provided certain conditions are met as defined in the PUD Plan. An easement for the grade separated crossing was provided along the south side of the subject lot. The easement does not impact the parking or drive aisle for the gas station. The final alignment for the pedestrian crossing would be determined as future development occurs on the south side of State Highway 7. Parking The gas station requires one space per 150 square feet of floor area. The site requires 23 parking spaces based on the 3,445 square feet of floor area of the gas station convenience store building. The conceptual plan includes 20 parking spaces. The applicant has requested a variance for the number of parking spaces. The applicant believes the 20 spaces provided are adequate based on their experience with similarly sized convenience stores with gas station service. Architecture The proposed building consists primarily of brick with a red metal panel accent. The brick on the building is provided in three colors (a dark tan, light tan, and white) to provide color variation in the building. The canopy is shown with metal support poles and a metal roof painted red and silver. Item 4.d. - Page 10
Page 11 View from Southeast Corner of Site View from Southwest Corner of Site Landscaping The conceptual plan includes 27.4% open area on the site. This meets the minimum required open area of 25%. A 75-foot setback from State Highway 7 to buildings is provided as required by the Palisade Park PUD Plan. A 40-foot setback from State Highway 7 to parking and drives is provided, which is also consistent with the Palisade Park PUD Plan. A landscape screen with evergreen shrubs with a mature height of approximately three feet is provided along State Highway 7 and Huron Street to screen the parking and vehicle fueling area from surrounding roadways. The I-25 Sub-Area Plan requires one tree per twenty feet of frontage along streets with detached sidewalks. The applicant is required to plant 25 trees along the street frontages (Huron Street and State Highway 7) and only 22 trees could be accommodated along the street frontage since existing underground utilities limit the areas available for tree planting. In lieu of the three trees which could not be accommodated, the applicant provided additional shrubs along the street frontages. Item 4.d. - Page 11
Page 12 Signs The site plan includes two monument signs for the gas station as well as building and canopy mounted signage. Variances are requested regarding the monument signs. Only one monument sign is permitted for the site, but the applicant believes a second sign is necessary since the site features frontage along two roads. Each sign is required to be eight feet from the right-of-way. Due to a number of utilities installed along the road frontages, the applicant is requesting a 3.2 foot setback. Variances are also requested regarding the wall signs. The applicant is requesting an increase in the number of building mounted signs from two to three signs. The total square footage of signs for the building is proposed at 91 square feet, which remains within the total square footage allowed (103 square feet). Signage is proposed for the gas station canopy. The Broomfield Municipal Code does not address signage for canopy structures. A variance is requested to allow signage for the canopy structure similar to other gas station canopies in other locations throughout Broomfield. The proposed signage is a total of 174 square feet in area and includes identification signs and price signs. VI. STAFF REVIEW OF KEY ISSUES There are no key issues with the proposed development plans identified at this time VII. APPLICABLE MUNICIPAL CODE PROVISIONS A public hearing is required. At the conclusion of the public hearing, the Planning and Zoning Commission reviews the application based on the following provisions of the BMC. SITE DEVELOPMENT PLAN 17-38-220 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 17-38-010. (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 17-38-240 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. 725 1, 1987; Ord. 1098 2, 1994; Ord. 1111 36, 1995; Ord. 1364 4, 1998; Ord. 1935 54, 2011) Item 4.d. - Page 12
Page 13 17-38-180 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 17-52. (Ord. 725 1, 1987; Ord. 1111 33, 1995; Ord. 1935 41, 2011) 17-38-190 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. 725 1, 1987; Ord. 1111 34, 1995; Ord. 1935 42, 2011) 17-38-350 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. 1288 1, 1997) Item 4.d. - Page 13
PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ-2014-18 A RESOLUTION RECOMMENDING APPROVAL OF PALISADE PARK FILING NO. 1 REPLAT A LOT 5 MURPHY EXPRESS SITE DEVELOPMENT PLAN AND URBAN RENEWAL SITE PLAN LOCATED AT THE NORTHWEST CORNER OF HURON STREET AND STATE HIGHWAY 7 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 Palisade Park Filing No. 2 Replat A Lot 5 Murphy Express Site Development plan and Urban Renewal Site Plan located at northwest corner of Huron Street and State Highway 7 has been submitted. 1.2 Said application consists of the following sheets: Site Development Plan/Urban Renewal Site Plan seven 11" x 17" sheets 1.3 Said application was considered during a public hearing held June 9, 2014. 1.4 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.5 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. PASSED on June 9, 2014. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.d. - Page 14
PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ-2014-18 A RESOLUTION RECOMMENDING DENIAL OF PALISADE PARK FILING NO. 1 REPLAT A LOT 5 MURPHY EXPRESS SITE DEVELOPMENT PLAN AND URBAN RENEWAL SITE PLAN LOCATED AT THE NORTHWEST CORNER OF HURON STREET AND STATE HIGHWAY 7 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 Palisade Park Filing No. 1 Replat A Lot 5 Murphy Express Site Development Plan and Urban Renewal Site Plan located at northwest corner of Huron Street and State Highway 7 has been submitted. 1.2 Said application consists of the following sheets: Site Development Plan/Urban Renewal Site Plan seven 11" x 17" sheets 1.3 Said application was considered during a public hearing held June 9, 2014. 1.4 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.5 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 vote on June 9, 2014. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.d. - Page 15