Agenda Date: 10/27/2025
Subject:
Title
PC Resolution 09-2025: Conditionally Approving a Conditional Use Permit for 5850 S. Broadway.
Body
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Prepared by: |
Andrea Vaughn, Senior Planner |
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Presentations: |
Andrea Vaughn, Senior Planner |
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Cassidy Clements, CenterPoint Integrated Solutions |
PURPOSE:
The applicant is requesting approval of a Conditional Use for 5850 S. Broadway; the request is to allow for an expanded use of “Vehicle Sales, Rental and Leasing” in the eastern portion of the subject property. This approval is contingent upon a separate application seeking City Council approval of a rezoning of the eastern portion from Neighborhood Commercial (NC) to Commercial Mixed (CM) to allow for the use contemplated herein.
Pursuant to Section 10-9-5.1 of the Unified Land Use Code (the “ULUC”), a public hearing is being held to determine if the proposed use meets the review criteria for a conditional use, as listed below:
1. Proposed Benefits. The proposed use and its contemplated size, intensity, and location will provide a use that is necessary or desirable for the neighborhood and community;
2. Adverse Impacts. The proposed use will minimize any adverse impacts on any adjacent property or use;
3. Detrimental Impacts. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to property, improvements, or potential development in the vicinity based on:
a. The nature of the proposed site, including its size, shape, and topography and the proposed size, location, and arrangement of structures;
b. The accessibility and patterns of pedestrian and vehicular traffic, including the type and volume of traffic, locations of ingress and egress, and the adequacy of off-street parking and loading; and
c. The provisions for landscaping. screening, common open space, service areas, lighting, and signage.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance
Robust and Resilient Economy
DISCUSSION:
The proposed Conditional Use, allowing for an expanded use of “Vehicle Sales, Rental and Leasing,” to the eastern portion of the subject property, will allow for CarMax to extend their business operations and utilize the entirety of the parcel. The approval of the proposed Conditional Use is contingent upon City Council’s approval of a separate application, which seeks a rezone of the impacted eastern portion of the subject property from NC to CM. The applicant intends to pave the eastern portion of the site, in order to create a staging area for vehicles awaiting maintenance, which will then be sold.
BACKGROUND:
The applicant, CarMax Auto Superstores Inc, first received approval for their operations in 2011. At the time, the lot, which was split-zoned as it is today, was zoned B-2 (Business 2) in the western portion of the site and the eastern portion was zoned T (Transitional). In 2011, the applicant sought the conditional approval of the use of “Sales, Leasing, Rental or Pawning of Used Motor Vehicles”, for the portion zoned B-2 and for the off-site parking of employees or patrons of the site, in the portion that was zoned T. The applicants conditional use was approved by the Planning Commission in April 2012. The comprehensive rezoning that occurred in conjunction with the adoption of the ULUC resulted in the B-2 area being rezoned to CM and the T area being rezoned to NC.
In October 2022, CarMax first approached the City, with the proposal to pave the section of the parcel zoned NC, for the staging of vehicles awaiting repair and ultimately to be either displayed for sale on site or relocated. While the portion of the site that is zoned NC did receive conditional approval for the use of an “Off-site commercial employee/customer parking on residential zoned property”, per the now Repealed Title 10, staff found that the proposed use is better described as an extension of the vehicle sales use, which is not permitted in the NC, but is a conditional use in the CM zone district. In November 2024, staff received a completed application from CarMax’s representative to request that the portion of the site zoned NC be rezoned to CM and for the conditional use of “Vehicle Sales, Rental and Leasing.”
The applicant has worked closely with staff and all outside agencies on any outstanding comments and have addressed all of the comments or the agencies have conditionally approved the application.
Prior Actions or Discussions
The applicant has completed the following steps in the entitlement process, per the ULUC:
Preapplication Meeting: August 10, 2023
First Neighborhood Meeting: July 2, 2024
Application Submitted: November 18, 2024
Second Neighborhood Meeting: April 3, 2025
FISCAL IMPACTS:
Staff does not find that there are significant fiscal impacts from the proposed Conditional Use.
STAFF RECOMMENDATION:
Based on staff’s analysis, the proposed Conditional Use is in compliance with the approval criteria in Littleton City Code section 10-9-5.1, subsection C, as detailed in the staff report. Therefore, staff recommends approval of planning commission Resolution 09, Series, 2025, with the following conditions:
1. City Council approval of the applicant’s rezoning request of the eastern portion of the subject property from Neighborhood Commercial to Corridor Mixed.
2. Adequate posting, limiting the proposed use to customer and employee parking, shall be placed on the site.
3. No outdoor display ramps shall be permitted.
ALTERNATIVES:
The commission may approve, approval with conditions, or denial of the Conditional Use application for 5850 S Broadway.
PROPOSED MOTION:
Proposed Motion
I move to approve PC Resolution 09-2025, conditionally approving the Conditional Use Permit for 5850 S. Broadway, with the following conditions:
1. City Council approval of the applicant’s rezoning request of the eastern portion of the subject property from Neighborhood Commercial to Corridor Mixed.
2. No outdoor display ramps shall be permitted.
REFERENCES:
Littleton City Code Section 10-9-5.1
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3300 <https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx>
Littleton City Code Section 10-1-3.11
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3030 <https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx>
Littleton City Code Section 10-1-3.6.F
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3662 <https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx>