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HomeMy WebLinkAbout2011 Ordinance No. 042ORDINANCE NO. d:2-- SERIES OF 2011 . CONTRACT NQi t.?-.,2,o/( BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEI\ffiER GILLIT 11 bi i AN ORDINANCE APPROVING AMENDMENT 1, TO THE PLANNED UNIT DEVELOPMENT FOR THE SHOPS AT HAMPDEN AND LOGAN TO ALLOW A DRIVE THRU AUTOMATIC TELLER MACHINE (ATM). WHEREAS, the Englewood City Council approved the Shops at Hampden and Logan Planned Unit Development with the passage of Ordinance No. 44, Series of 2002; and WHEREAS, CKE Engineering, Inc. filed an application for an an1endment to the Shops at Hampden and Logan PUD; and WHEREAS, the proposed amendment would change the Permitted Principal Uses to allow a drive thru automatic teller machine (ATM); and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on June 21, 2011 and recommends Englewood City Council approve Amendment No . 1; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council finds that all required documents, drawings, referrals, recommendations and approvals have been received. Section 2. The Englewood City Council finds that the P.U.D. site plan is consistent with adopted and generally accepted standards of development within the City. Section 3. The P.U.D . site plan is substantially co11sistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. Section 4. The City Council of the City of Englewood, Colorado hereby approves the Amendment No. 1 to the Shops at Hampden and Logan Planned Unit Development; attached hereto as Exhibit A. Section 5. The Amendment will change the Permitted Principal Uses to allow a drive thru automatic teller machine (ATM). Introduced, read in full , and passed on first reading on the 18th day of July, 2011. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of July, 2011. Published as a Bill for an Ordinance on the City's official website beginning on the 20 th day of July, 2011 for thirty (30) days . A Public Hearing was held on August 1, 2011. Read by title and passed on final reading on the 15th day of August, 2011. Published by title in the City's official newspaper as Ordinance No. :;/2.. Series of 2011, on the 19th day of August, 2011. Published by title on the City's official website beginning on the 17th day of August, 2011 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing i~ 3/Jl.l.le copy of the Ordinance passed on final re ding and published by title as Ordinance No. U-Series of 2011. THE SHOPS AT HAMPDEN AND LOGAN PUD-1ST AMENDMENT E X H I B I T BACKGROUND THIS AMENDMENT TO THE SHOPS AT HAMPDEN AT LOGAN PUD IS TO ADD A DRIVE THRU AUTOMATIC TELLER MACHINE (ATM) TO THE UST OF PERMITTED PU □ DISTRICT PLAN REGULATIONS PRINCIPLE USES. THE AUTOMATIC TELLER MACHINE "'1LL NOT HAVE ANY IM PACT ON THE EXISTING GRADING , DRAINAGE OR AREA OF LANDSCAPING ON-SITE. CONSTRUCTION SCHEDULE CONSTRUCTION OF PROPOSED IMPROVEMENTS SHALL TAKE APROXIMATELY 4-6 WEEKS. PUD DISTRICT PLAN REGULATIONS A. GENERAL REGULATIONS : UNLESS OTHERMSE PROVIDED FOR IN THIS PU □ OR AND AMENDMENT THERETO ALL PROVISIONS, STANDARDS, REGULATIONS ANO PROCEDURES PERTINENT TO AN APPUCATION FOR THE DEVELOPMENT OF LAND YnTHIN THIS PUD ZONE DISTRICT SHALL COMPLY MTH THE REQUIREMENTS OF THE MU-8-1 ZONE DISTIR ICT IN PLACE AT THE TIME SUCH APP LIC ATION IS RECEIVED. 8. PERMITTED PRINCIPAL USES. 98. DRIVE THRU AUTOMATIC TELLER MACHINE (A TM). CC ESSORY USES. ' CHANGE. LOPMENT STANDARDS. 4. SIGN AGE A MAXIMUM TOTAL OF TEN (10) SIGNS SHALL BE PERMITTED FOR THE PUD , INCLUDING THOSE SIGNS MOUNTED ON THE GROCERY STORE, THOSE MOUNTED ON THE FUE UNG FACILITY, THOSE MOUNTED ON THE ATM KIOSK, AND THE FREESTANDING SIGNS. THE TOTAL AREA OF ALL SIGNS COMBINED SHALL NOT EXCEED 440 SQUARE FEET. LEGAL DESCRIPTION LOTS 12 THRU 39, INCLUSIVE, TOGETHER MTH ALL OF THE VACATED ALLEY LYING BE"TWEEN AND ADJOINING SAID LOTS 12 THRU 39, BLOCK 3, BIRCH'S ADDITION TO SOUTH BROADWAY HEIGHTS BEING THE SECOND FILING; EXCEP T THAT PORTION OF LOTS 22 THROUGH 28 AND THE VACATED ALLEY AND STREET RECORDED IN BOOK 4112 AT PAGE BETWEEN THE WEST LINE OF LO T 25, BLOCK 3, BIRCH'S ADD ITION TO SOUTH BROADWAY HEIGHTS, BEING THE SECOND FIUNG (SAID LINE ALSO BEING THE EAST RIGHT OF WAY LINE OF SOUTH SHERMAN STREET) EXTENDED SOUTHERLY AND THE EAST LINE OF LOT 26, BLOCK 4, BIRCH'S ADDITION TO SOUTH BROADWAY HEIGHTS, BEING THE SECOND FILING, EXTENDED SOUTHERLY EXCEPT THAT PORTION CONVEYED IN BOOK 4112 AT PAGE 475 OF LOTS 22 THROUGH 28 AND THE VACATED ALLEY AN D STIREET, BLOCK 3, BIRCH 'S ADDITION TO SOUTH BROADWAY HEIGHTS, BEING THE SECOND FILING, ARAPAHOE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 22 WHICH UES 15 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 22; THENCE EAST 58 FEET PARALLEL TO THE SOUTH LINE OF LOT 22; TiiENCE SOUTH 35 FEET PARALLEL TO THE WEST LINE OF LOTS 22 AND 23; THENCE EAST 170 FEET, PARALLEL TO THE SOUTH LINE OF LOTS ·23 AND 28; TiiENCE NORTH 20 FEET, PARALLEL TO THE EAST LINE OF LOT 28 TO A POINT ON THE NORTH UNE OF LOT 28; .. THENCE EAST ALONG THE NORTH LINE OF LOT 28 A DISTANCE OF 16 FEET TO A POINT; THENCE ON A DEFLEC TION ANGLE OF 60 DEGREES TO THE RIGHT A DISTANCE OF 44 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 31.85 FEET, SA ID CURVE HAS A CENTRAL ANGLE OF 41 DEGREES 28 MINUTES 17 SECONDS AND A RADIUS OF 44.00 FEET, THE LONG CHORD OF SAID CURVE BEARS SOUTHERLY ON A DEFLECTION ANGLE OF 40 DEGREES D2 MINUTES 48 SECO NDS TO THE RIGHT FROM TJ;E PRECEDING COURSE A DISTANCE OF 31.16 FEET TO A POINT ON A NON-TANGENT UNE; THENCE ON A OEFLECllON ANGLE TO THE RIGHT OF 34 DEGREES 57 MINUTES 12 SECONDS A DISTAN CE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWA Y 285, V,1-JICH .LIES 15 FEET SOUTH OF AND PARALLEL TO THE SOUTI; LINE OF LOTS 25 AND 26 WHICH IS ALSO THE SOUTH LINE OF THAT PORTION OF JEFFERSON AVENUE VACATED IN BOOK 789 AT PAGE 356; THEN CE WESTERLY ON A DEFLECTION ANGLE OF 45 DEGREES TO THE RIGHT AND ALONG THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 285 A DISTANCE OF 240.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH SHERMAN STIREET; 105,00 FEET ALONG SAID EAST LINE AND THE WEST LINE OF LOTS 22 THROUGH 25, TO THE POINT OF BEGINNING, INCLUDED IN THIS PARCEL ARE THE APPLICABLE PORTIONS OF THE 16 FOOT vn □E ALLEY, THE 15 FOOT SIDE STREET VACATED IN BOOK 789 AT PAGE' 356 AND VACATED GRANT STREET. ALL IN THE COUNT'!' OF ARAPAHOE. STATE OF COLORADO. AND THE PORTION OF VACATED SOUTH GRANT STREET FROM TI;E EXTENDED NOR TH LOT LINE OF LOT ·39, BLOCK 3, BIRCH 'S ADDITION TO SOUTH BROADWAY HEIGHTS, BEING THE SECOND FILING EXTENDED EASTERLY TO TI;E NORTHWEST CORNER OF LOT 12, BLOCK 4, BIRCH'S ADD ITION SOUTH BROADWAY. HEIGHTS , SECOND FILING, TO TI;E NORTH LINE OF VACATED EAST rERSON A VENUE. . ' 12 THRU 39 INCLUSIVE. "iER MTH ALL OF THE VACA TED ALLEY LYING BETWEEN THE EXTENDED NORTH LINE OF LOT 12 EXTENDED EASTERLY TO )RTHll'EST CORNER OF LOT 39 AND THE NORTH RIGHT OF WAY·UNE OF VACATED EAST JEFFERSON AVENUE, BLOCK 4, ,'S ADDITION TO SOUTH BROADWAY HEIGHTS BEING TIHE SECOND FILING. EXCEPT THA T PORTION OF LOTS 26 TIHRU 29 ANO VACATED EAST JEFFERSON AVENUE AS MOR E PARTICULARLY DESCRIBED IN INSTRUMENT RECORDED MAY 19, 1959 IN BOOK 1128 AT PAGE 116 IN THE CLERK AND RECORDER'S OFFICE OF THE COUNTY OF ARAPAHOE. EXCE PT THE EAST 7 FE ET OF LOTS 28 THRU 39. COUNTY OF ARAPAHOE. STATE OF COLORADO 201)~. JEFFERSON A VE. CITY OF ENG~E:WOOD, COUNTY OF ARAPAHOE STATE OF COLORADO SHEET1 OF 4 VICINITY MAP N.T.S, PUD DEVELOPMENT SUMMARY LAND USE DATA EXISTING PROPOSED S.F. 7. OF AREA S.F. 7. OF AREA TOTAL AREA INCLUDED IN PU□ 188,939 100,07. 188,939 100.07. SAFEWAY STORE FOOTPRINT 46,9 53 46,953 FUELING FACILITY CANOPY FOOTPRINT 4,778 4,778 A TM KIOSK CANOPY FOOTPRINT N/A 38 TOTAL BUILDING AREA 51 ,731 27.47. 51,769 27.47. DRIVES AND PARKING AREAS 128,234 67.97. 128,196 67.97. ·ON ~SITE LANDSCAPED AREA 11,233 6.07. 11,233 6.07. M/,X ALLOCABLE ROW LANDSCAPING AREA 14,170 14,170 TOTAL EFFECTIVE LANDSCAPED AREA 25,403 13.4::1 25,403 13.4::1 ;,HEET JNPEX pUD1 PUD2 PUD3 PUD4 Q.'61filR COVER SHEET PU O MAP EXISTING CONDITIONS PU O MAP AMENDED CONDITIONS ATM KIOSK El£VATIONS ENGINEER SAFEWAY STORES 45, INC. 1371 OAKLAND BL VD. #200 WALNUT CREEK, CA 94596 PH . ( 303) 843-7561 MR. DAN CLAYTON e,PPI ICAfil KEY BANK CKE ENGINEERING, INC. 14257 W. EVANS CIRCLE LAKEWOOD, CO 80228 PH: (303) 917-1757 FAX: (303) 980-5962 MR. JOE COCO 3300 E. FIRST A VENUE OENVER, CO 80206 PH, (303) 945-6076 MR . MARK PHIWPS SIGNATURE BLOCK: PROPERTY OWNER: STATE OF COLORADO j jSS COUNTY OF ARAPAHOE } DATE THE FO REGOING INSTRUMENT \'/AS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF _____ A.O. 20_ BY ______ _ AS __________ OF ________ _ MY COMMISSION EXPIRES _____ _ NOTARY l'UBLIC ADDRESS APPROVED FOR THE CITY OF ENGLEWOOD: PLANNING AND ZONING COMMISSION CHAIRPERSON PLANNING AND ZONING CO MMISS ION RECORDING SECRETARY MAYOR OF ENGLEWOOD ATTESTED DATE DATE DATE THE FOREGOING APPROVAL WAS ACKNOWLEDGED BEFORE ME THIS __ DAY · OF _____ A.O. 20_ BY ________ AND ____________ _ CITY CLERK CLERK AND RECORDER THIS PLANNED UNIT DEVELOPMENT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER DF ARAPAHOE COUNTY, COLORADO, AT ___ O'CLOCK, _.M., THIS __ DAY OF ___ _ RECEPTION NUMBER ______ BOOK NUMBER PAGE NUMBER -- ________ BY: ___________ _ Cl TY CLERK DEPUTY REVISED 5/16/11 A CKE ENGINEERING INC r'\r,,.\/lri 1 <257 W. EVANS CIRCLE LAKEWOOD, CO. 80228 ,(303) 917 -1757 r-1 I r-rT PO ZONE DISTRICT (PD 750l) 6-1 ZONE DISTRICT 0 l ·□ D I I I I I / / I / /~ I I 0 0 / / u 0 0 B-1 ZONE DISTRICT SJ.ff.WAY STORE 46,SISJ S.F . 8-1 ZONE DISTRICT NOT A PART OF PUD 0 H00"04'-41-W 20.00 8 -t ZONE DISTRICT -- UBUC R.0.W. EASEMENT""\_ 9, PAGE 456 __\_ U.S . HIGHWAY 285 B-2 ZONE DISTRICT 0 N 0 10 20 30 ~ SCALE: 1 "=30' UTILITY LEGEND 1-.1-2 ZONE DISTRICT -~-MANHOLE --M--VALVE --W --EXISTING WATER UNE --SS --EXISTlNG SANfTARY' SEWER --STS--EXISTir~G STORl,I SEWER --G --EXISTING GAS LINE --UE --EXISTING UNDERGROUND ELECTRICAL --OE --EXISTING OVERHEAD ELECTRICAL. --UT --EXISTING UNDERGROUND TELEPHONE --T --EXISTINC OVERHEAD TELEPHONE In. NUMBER OF PARKING SPACES NOTES : e ALL EXISTING PARKING STRIPING TO BE REMOVED . PARK ING LOT TO BE RESTRIPEO PER THIS Pl.AN. PROPOSED STANDARD PARKING SPACES ARE 8 ' X 18'. e TANKER INGRESS ANO Er.RESS VIA SHERMAN STREET ONLY e TANKER DELIVERIES LIMITED TO BITWEEN THE HOURS OF 11 :00 P .M. &: 6:00 A.M . TI-IE f"Ol..lOWING DAY e EXISTING SITE LIGHTS TO BE RELOCA.1£0 PER NEW PARl<ING LAYOUT /.S NECESSARY e All CANOPY LIGHTING SKALL BE DIRECTED DOWNWARD ANO SHALL BE FLUSH -UOUNTEO, USING SHARP -CUTOFf LU MJNAJRES ANO NO DROP LENSES. REVISIONS No . Description Des. By 1 PER INITIAL REVIEW COt.lMENTS JKW 2 PER SECONO REVIEW COt.4 '-t ENTS Jl(W l PER COMMENTS AT Pl.ANNING & ZONING COMl,OSSION JB • PER PLANNING & ZONING COMMISSiON r!NO l~lGS & CONCLUSIONS JB 5 PER CHANGES DETERMINED AT CITY COUNC IL HEARING JB Orn . By Dote CJH 12/1 8/01 CJH J/5/02 CJH 5/21/02 CJH 7/23/02 CJH 9/16/02 [S)) S>FEWAY, INC, ~ OoAowor, Rcm..-o 6: A-.odot:09 5900 Sou1h Yo umlto Street Oesl9n Englnecerlng PIOMhg En91e,..ood , Colorocio 80112-1412 53!>0 OTC Porko<oy Tel: (JOl) 843-7600 Green•ood \'lltoge, Colorado 80111 ~ ::~ \~1) 1;~--~86~ I -· ·-. ··- ~ \ EXIS T SIGN I/ -------... ,,\ t I I I EXISTING PA 'KING \ \ \ ~ ,.___ (\ .I g <O r 0 0 ..; N \ I TSTINC PA 'KING r ----~====~==~,~~~~~~~~~ I 0 I ~ I I -... ~EXIST STREET LICHT AREA OF IMPROVEMEN TS (1,906± S.F.) E. JE FFERSO N AVE EXIST SOD LANDSCAPING ff/TH TREES t I ¢ I I I I J, '? I I I I EXIST SAN A SER14CE I I NOTE: FUELING STAT ION REMOVE 11 EXISTING PARKING STALLS FOR ATM INSTALLATION. PROPOSED LANDSCAPING: SYMPHOCARPUS OVEOPHYLLUS "SNOW BERRY" SHRUB 5 EA. SPACED AT 5' 0.C. PLACED IN 3" MULCH BED . PARKING SUMMARY EXISTING PROPOSED STANDARD SPACES 236 225 STANDARD ACCESSIBLE SPACES 4 4 VAN ACCESSIBLE SPACES 3 3 CART CORRALS -4 -4 TOTAL NET SPACES 239 228 PROPOSED PARK ING RATIO: 4.40 SPACES / 1000 S.F. (GROSS) ~ 1. PROPOS ED SECUR ITY LIGHT SHALL BE FULLY SHIELDED DOWNCAST LIGHT FIXTURE . HEI .GHT TO FlXTURE SHALL BE 24' MAX. 2. EXISTING IRR IGATION 111LL BE ADJUSTED IN THE FI ELD TO BE OPERATIONA L AND ACCOMMODATE NEW LANDSCAPING. 3. NEW MULCH BED SHALL MATCH EXISTING MULCH BEDS IN THE SHOPPING CENTER. 4. NEW LANDSCAPING INSTALLED AS PART OF THE PROPOSED KIOSK ATM SHALL BE MAINTAINED BY THE EXISTING SHOPPING CENTER. REVISED 5/16/11 CKE ENGINEERI NG INC 14257 W. EVANS CIRCLE LAKEWOOD , CO. 80228 _(303) 917-1757 n I I n l ' A n A l j '~ I n r n r, /""\ ~ I n I T l /""\ ~ I r Paint & Graphics Detail ® Kiosk Paint Co lor: PMS 1795 Red 46 .5" BE KeyBank 0-W Push Through Lettering -Front and Back 46.5" BE KeyBank 0-W Push-Through Lette ring -Left and Right Network -determined by State i: · Couvrette • flllllDIHG !l'ISTEJAS Rev.#: P4 .0 Approved By. GRAPHICS LAYOUT 555 E.lectrit:Road • Selvm , Vir{jniil 2-11!!3 TB.(S10)3T5-26Cfl • FAX (S<l0)375-2G3B WlrWj;OU':mffo .oo m • pmdud&@co1.Nrtt11u:c:m P-5163 S heel 1 of 2 Date: 2J4/1 0 214110 MM Drawn By: Mall M. 11251 10 MM Revlsbn P4 .0 Revision P3.0 Thalnfurn.ltklnoontl lnedto relna ·.i tneso'.op-operty r/CoovmltlB ul d'ngSystcmsand 1--'_f2_0J_10--+--!-""-'--1---------R-""'_·,_oo ______ -+_P_2-----J0 ~h~~~~~~~i~~::i~?~=,.~~~n~~m~ :i~&~~~ 1--1::.:11c::31c.:10=---l---'M::.:~:::.'-1--------'"-;u_·,1_R_••-d_em_· g~-----+-=-P-=-1~.o Iii to; pant aid grap~cs pwpo..~ ml y . .:widshculd net be usedto rd~11o~M accuracy. DATE BY DE SC RIPTION REV# Fini sh: Automotive Smooth @ Canopy and Top Stripe Paint Color: White CBS 006 Finish: Automotive Smooth © Bottom Stripe Paint Color: Black CBS 008 Finish: Au tomoti ve Smooth @ Vinyl Decals 3M Scot chca l vinyl applied to painted meta l su rfa ce of unit Color: Black Material: 3M#220-12 Black @ Backlit Pu s h-Through Letters Translucent Vinyl applied to pu sh- through lettering and logo. Co lor: Match PMS 1795 Material: 3M#230-33 Red Col or. Bl ack Material: 3M#230-22 Black ® Network Panel Reverse Print on Clear, with white backing . Plex Size 14.75" x 2 .25". Networks Layout Varies by Sta te . Lase r-Cut Push-Through Lettering and Logo ~nk O-W~--© ~);.Bank h l l I @ ~ FRO NTIEL EVATION DEPARTURE ELEVAT ION r;=I~·;. , 1 r.=~:::: , 1 --r-:,= ti f< ~ 18" 14" , ~nk<>-ir--11 -----<E>------+---1' ----lHllr ... ·:yBankO"'R' I f 108" Removab le Cover {1 of 2) Access to Anchor Bolts and Ele ctli cal Hook-up .-29.75"4 APPROACH ELEVATION Ve h icle Heig ht Detector Furnished by others Dim ensions and phys ical co nfiguralions subject to Engineering verification. STANDARD ELEVATIONS KeyBank <>ir. Product: 750 Ultra Slim Surround Option A , Ultra Slim Surround Specs & Options i .E!bl!fili • Metal 7 Stucco CONFIGURATION II Drive-up 0 Wa lk-up ACCESS PA NEL ~ • Approach O Front • Canopy O Collar 15" O Signcan • Rear • Departure DOWN LIG HTI NG • Front O Rear O l eft O Rig hl BACKLIGH TI NG •Front • Rea r •Left eRight Q£IlQNS_ 0 POS Pan el • Networks Panel o En velope Dispenser O Was1e Rece ptade 0 Bollard Posts o Vehicle He ight Dete ctor REVISED 5 /1 6/11 CKE ENGINEERING INC 14257 W. EVANS CIRCLE LAKEWOOD. CO. 80228 {303) 917-1757 A ThA k' I n~k' Fl F\/ A Tl nN c:; COUNCIL COMMUNICATION DATE: AGENDA ITEM: SUBJECT: The Shops at Hampden July 18, 2011 11 a ii and Logan Planned Unit Development, Amendment 1 INITIATED BY: STAFF SOURCE: Community Development Audra L. Kirk, Planner I COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning the proposed Shops at Hampden and Logan PUD Amendment 1. Council approved the original Shops at Hampden and Logan PUD on September 16, 2002 as Ordinance Number 44, Series of 2002. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered The Shops at Hampden and Logan PUD Amendment 1 at Public Hearing on June 21, 2011. The Commission considered public testimony and voted 7 to O to forward the proposed Amendment 1 to City Council. RECOMMENDED ACTION Staff seeks Council 's support for a bill for an ordinance approving Amendment 1 for the Shops at Logan Planned Unit Development. Staff further recommends that Council set August 1, 2011 as the date for Public Hearing to consider testimony on the proposed amendment. BACKGROUND The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses . This property is a 4 .33 acre site occupied by a Safeway Stores since 1984. Prior to rezoning in 2002, this property was zoned B-1. The B-1 zone district did not allow for fueling stations, and therefore Safeway rezoned to the current PUD . The rezoning was approved by Council on September 16, 2002 as Ordinance Number 44, Series of 2002. AMENDMENT 1 OVERVIEW Amendment 1 to The Shops at Hampden at Logan will change the Permitted Principal Uses to allow a drive thru automatic teller machine (ATM). FINANCIAL IMPACT There is no financial impact to the City. LIST OF ATTACHMENTS Planning and Zoning Commission Findings of Fact Staff Report Bill for Ordinance CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2011-002 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS FOR AN AMENDMENT TO THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT INITIATED BY: CKE ENGINEERING INC. 14257 WEST EVANS CIRCLE LAKEWOOD, CO 80228 ) ) ) FINDINGS OF FACT AND ) CONCLUSIONS OF THE ) CITY PLANNING AND ) ZONING COMMISSION ) ) ) ) ) ) ) Commission Members Present: Commission Members A bsent: Brick, Welker, Knoth, Roth , Calonder, King, Bleile Fish This matter was heard before the City Planning and Zoning Commission on June 21, 2011, in the City Council Chambers of the Englewood Civic Center. Testimony was received from Staff. The Commission received notice of Public Hearing, Certification of Posting, Staff Report and supplemental information from Staff, which were incorporated into and made a part of the record of the Public Hearing. After considering statements of the witness, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT The Shops at Hampden and Logan Planned Unit Development was approved by City Council on September 16, 2002 as Ordinance No. 44, Series of 2002. 2. THAT the Amended PUD plan and site plan were reviewed by the City's Development Review Team on September 14, 2010. 3. THAT a neighborhood meeting was held on Wednesday, March 16, 2011. Notice of the pre-application meeting was mailed to owners of property within 500 feet of the site. 1 4. THAT the request for Amendment No. 1 to The Shops at Hampden and Logan Planned Unit Development was filed by CKE Engineering, Inc. on April 26, 2011 . The Amendment will change the Permitted Principal Uses to allow a drive-thru automatic teller machine (ATM). 5. THAT the changes to the site will impact less than 2,000 square feet of the existing 4.33 acre site and will requir e 11 parking spaces, leaving a total of 228 parking spaces. 6. THAT Public Notice of the Public Hearing was given by publication in the Englewood Herald on June 3, 2011 and was on the City's website from May 25, 2011 through June 21, 2011. 7. THAT the property was posted as required, said posting setting forth the date, time, and place of the Public Hearing. 8. THAT Planner Kirk testified the request is for Amendment No. 1 to The Shops at Hampden and Logan Planned Unit Development. Ms. Kirk testified to the criteria the Commission must consider when reviewing an amendment to a PUD application. Ms. Kirk further testified that Staff recommends approval of the amendment. 9. THAT the PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. CONCLUSIONS 1. THAT the application was filed by CKE Engineering, Inc. seeking approval for the Shops at Hampden and Logan Planned Unit Development Amendment No. 1. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, posting on the City's website and by posting of the property for the required length of time. 3. THAT all testimony received from staff has been made part of the record of the Public Hearing. 4. THAT the requ est meets the criteria for an amendment. 5. THAT The Shops at H ampden and Logan Planned Unit Development Amendment No. 1 is in conformance with Roadmap Engl ewoo d : 2003 Englewood Comprehensive Plan. 2 DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the application filed by CKE Engineering, Inc. for The Shops at Hampden and Logan Planned Unit Development Amendment No. 1 be recommended to City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on June 21, 2011, by Mr. King, seconded by Mr. Brick, which motion states: Mr. King moved : Mr. Brick seconded: CASE #ZON207 7-002 , THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT AMENDMENT NO. 7 BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. AYES: NAYS: Calonder, King, Knoth, Roth, Bleile, Welker, Bleile None ABSTA IN : None ABSENT: Fish The motion car ri ed . These Findings and Conclusions are effective as of the meeting on June 21, 2011. BY ORDER OF THE CITY Pl NNING & ZONING COMMISSION 3 MEMORAN D U M TO: Planning and Zoning Commission l Alan White, Director, Community Development ,,,/ Audra L. Kirk, Planner 1 / THRU: FROM: DATE: June 21, 2011 SUBJECT: Case ZON2011-001 -Public Hearing The Shops at Hampden and Logan Planned Unit Development Amendment 1 APPLICANT: CKE Engineering, Inc. 1425 7 West Evans Circle Lakewood, Colorado 80228 PROPERTY OWNERS: Safeway Stores 45 Inc. 13 71 Oakland Boulevard #2 00 Walnut Creek, CA 94596 PROPERTY ADDRESS: 201 East Jefferson Avenue REQUEST: The applicant has submitted an application to amend The Shops at Hampden and Logan Planned Unit Development (PUD) which was approved by City Council on September 16, 2002 as Ordinance Number 44, Series of 2002. RECOMMENDATION: The Department of Community Development recommends that the Planning and Zoning Commission approve The Shops at Hampden and Logan PUD Amendment 1 as proposed and forward a recommendation of approval to City Council. LEGAL DESCRIPTION: LOTS 14-35 BLK 3 & LOTS 12-39 BLI< 4 TOG WITH VAC ST & ALLEYS ADJ SD LOTS & BLKS EX PARC EL DESC AS BEG 15 FT N OF SW COR LOT 22 BLK 3, TH E 58 FT, TH S 35 FT, TH E 1 70 FT, TH N 20 FT, TH E 16 FT, TH SE 44 FT, TH ALG CURVE TO RT 31.85 FT, 1000 Englewood Parkway Englewood, Co lorado 80110 PHONE 303-762-2342 FAX 303 -783-6895 www.e ngle woodgov.org TH SW 30 FT, TH YJ 240 FT, TH N 105 FT TO BEG & EX HI/WAY & EXE 7 FT OF LOTS 29- 39 BLK 4 FOR STREET BIRCH'S ADD TO S BDWY HTS 2ND FLG ZONE DISTRICT: The Shops at Hampden and Logan PROPERTY LOCATION AND SURROUNDING LAND USE: The subject property of this PUD amendment is located at the northwest corner of South Logan Street and East Jefferson Avenue. Adjoining land to the north is zoned MU-B-1 Mixed -use central business zone district, and is part of the Shops at Hampden and Logan. Land east and southeast of the site is zoned M-2 Mixed-use medical, office and high density residential and limited retail zone district. Land within this zone district contains commercial and residential uses. Land directly to the south is zoned MU-B-2 general arterial business zone district. This land contains a portion of the Little Dry Creek. PUD AMENDMENT PROCEDURE: Modifications to the PUD and site plan amendments may only be made pursuant to the same procedures as the original plans were approved. Therefore a pre-application neighborhood meeting, City review and public hearings before the Planning and Zoning Commission and City Council are required. BACKGROUND: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses. This property is an 4.33 acre site occupied by a Safeway Stores since 1984. Prior to rezoning in 2002, this property was zoned B-1 . The B-1 zone district did not allow for fueling stations, and therefore Safeway rezoned to the current PUD. The rezoning was approved by Council on September 16, 2002 as Ordinance Number 44, Series of 2002, with the following conditions: 1. Refueling tanker truck access to the site shall be only from South Sherman Street access via U.S. 285 , and shall be accomplished between the hours of 11 p.m. and 6 a.m. 2. The outdoor garden center accessory use shall be limited to the months of April through July, shall nor utilize more than 20 parking spaces and the layout shall be consistent with the PUD proposed site plan . 3. The shrubbery between the sidewalk and South Logan Street shall be of one species, consistent in height and width at maturity, and shall not be of a species that will overgrow the sidewalk. A Burning Bush species is suggested. Further, shrubbery and landscaping proposed on the west side of the sidewalk shall be moved further west up the slope to provide more grass closer to the sidewalk. 4 . In the event the fueling facility is not operated for fueling or any other permitted use for a period of one (1) year, the applicant shall be required to remove the fuel 2 pumps, kiosk, canopy, air pump station, and underground tanks, and restore the sit ,e to paved parking use. This period may be extended up to an additional 180 days, for cause, following review by the Director of Community Development. 5. Sign #4, as illustrated on Sheet PUD-7, shall be reconstructed or replaced. This sign shall not exceed 100 square feet (per face) in total area and shall include a maximum of 50 square feet for off-premise advertising for retail business tenants of The Shops at Hampden and Logan. NEIGHBORHOOD MEETING SUMMARY: Pursuant to the Unified Development Code amendment procedure, the applicant conducted a neighborhood meeting on Wednesday, March 16, 2011, prior to submitting the Amendment application . Notice of the pre-application meeting was mailed to owners of property within 500 feet of the site. A meeting summary is attached (See Exhibit A). CITY DEPARTMENT AND DIVISION REVIEW:• The Amended PUD Plan and site plan were reviewed by the City 's Development Review Team (ORT) on September 14, 2010. Identified issues were addressed by the applicant and the final Shops at Hampden and Logan PUD Amendment 1 packet was submitted on April 26, 2011. The final plans were again reviewed by City Agencies and not further issues were identified. AMENDMENT 1 OVERVIEW: Amendment 1 to The Shops at Hampden at Logan will change the Permitted Principal Uses to allow a drive thru automatic teller machine. (ATM). Site Plan: The applicant is proposing the site plan amendments to include a drive thru ATM . The changes to the site will be minimal and will impact less than 2,000 s.f. of the existing 4.33 acre site. Landscaping: The applicant is proposing the addition of 6 new shrubs at the southeast area of the drive thru ATM. This proposed shrubbery will be screening from headlights at the ATM. All other landscaping on the site will remain. Signage: The proposed PUD amendment does not impact the current signage regulations . The current PUD allows for a total of 10 signs not to exceed 440 square feet. The proposed ATM kiosk will be included in the total number and square footage of allowable signage. Parking: The original PUD provided 239 spaces for The Shops at Hampd e n and Logan . This does include the Safeway grocery store as well as the reta il located at the north end of the site. The retail are not part of the PUD, however, the PUD did require that the parking is shared by both Safeway and the retail stores. The proposed ATM drive thru will req uir e 11 parking spaces, leav ing 228 and a total parking ration of 4.40 spaces per 1000 s.f. of gross retail. 3 I • Current parking requirements for retail uses in the MU-B-1 zone district would require Safeway and the retail to the north to have a total of 98 parking spaces. Staff believes that an adequate number of retail parking spaces are provided in the PUD . SUMMARY: The applicant is proposing minor changes to the existing PUD, in order to allow a drive thru ATM. Although there will be a reduction of 11 parking spaces there will not be a negative impact on the current parking. PLANNED UNIT DEVELOPMENT CONSIDERATIONS: The Commission must determine if the modifications proposed in Amendment 1 meet District Plan and Site Plan criteria as established in the PUD Ordinance. Consideration at this time is made only to the modifications addressed in Amendment 1. PU D District Plan The District Plan sets forth the zoning regulations under which the proposed amendments will occur. 1. The PUD District Plan is , or is not in conformance with the District Plan requirements and th e Comprehensive Plan. Amendment 1 is in conformance with the applicable requirements for the general location, arrangement, extent and character of the development. The proposed amendments do not alter the Comprehensive Plan objectives for housing, cultural arts and business and employment identified in the original PUD. 2 . All required documents, drawings, referrals , recommendations, and approvals have been received. All appropriate documents concerning Amendment 1 have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The Amendment 1 District Plan remains consistent with accepted development standards established by the City of Englewood. 4. Th e PUD District Plan is substantially consistent with the goals , objectives, de sign guidelines, policies and any other ordinance, law or requirement of the City . Amendment 1 is in conformance with all other ordinances, laws and requirements of the City. 4 • I 5. When th e PUD District Plan is within the Englewood Downtown Developrnent Authority (EDDA) area, the Plan is consistent with the EDDA approved designs, policies and plans. Not applicable. PUD Site Plan The Site Plan sets forth the site planning and design parameters under which the proposed amendments will occur. 7. The PUD Site Plan is, or is not, in conformance with the District Plan requirements. Amendment 1 establishes the arrangement, orientation, location, and the building envelopes on the site which are in conformance with the District Plan. 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All required site plan materials have been received and approved. 3. Th e PUD Site Plan is consistent with adopted and generally accepted standards of development of th e City of Englewood. Amendment 1 is consistent with development standards set forth in the District Plan. The Development Review Team reviewed the site plan and determined that the proposal meets established City development standards. 4. The PUD Site Plan is substantially co nsistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan presented in Amendment 1 is in conformance with all other ordinances, laws and requirements of the City. ATTACHMENTS: Exhibit A: The Shops at Hampden and Logan PUD Amendment 1 Site Plan Exhibit B: Neighborhood Meeting Summary -March 16, 2011 5