Agenda Date: 12/16/2014
Subject:
Title
Ordinance on second reading approving the amended general planned development plan for the Safeway Oakbrook Shopping Center
Body
Presented By: |
Glen Van Nimwegen, AICP Community Development Director |
POLICY QUESTION:
Does city council support the amended general planned development plan for the Safeway Oakbrook Shopping Center?
BACKGROUND:
The applicant, George Swintz of Bonaventure, L.L.C., is requesting an amendment to Lot 5, Block 1 in the Safeway Oakbrook General Planned Development Plan (GPDP) located at the northwest corner of County Line Road and East Phillips Avenue. The amendment allows an assisted living facility to be developed on a lot on the east side of the existing shopping center.
The 17-acre Oakbrook Shopping Center was developed in the 1980's. Initially, the center included a row of inline shops anchored by a Safeway grocery store and four restaurant pad sites adjacent to County Line Road. Two lots at the northeastern portion of the property were planned for retail and office uses, but were not developed. Today, the retail space and restaurants are occupied and a furniture store is in the former grocery store space. A portion of the northeast area of the center is now utilized for employee parking for Courtesy Ford and the remaining lot, which is the property of this applicant, is vacant.
STAFF ANALYSIS:
Project Description:
The GPDP amendment proposes to develop an assisted living facility on the vacant lot within the northeastern portion of the shopping center. The facility will have 128 apartment units in a four-story building, 98,650 square-feet in size. The primary entrance to the building faces County Line Road. Parking on the property would be redesigned and expanded to serve the new facility. The primary vehicular access to the site is on County Line Road with a secondary access from East Phillips Avenue. Loading will occur on the northeast side of the site from an existing drive lane that runs along the northern boundary of the center, behind the inline shops. Adjacent uses include a parking lot to the north and the Oakbrook residential subdivision across East Phillips Avenue to the east. Site plan details such as pedestrian connections, landscaping, and architecture are evaluated during site development plan application.
Proposed GPDP Modifications:
The assisted living facility, as proposed, requires the following modifications to Lot 5, Block 1 of the GPDP:
• The addition of "assisted living facility" as a permitted use
• An increase to the maximum allowable building height
• An increase to the maximum allowable gross square footage
The following chart compares the current zoning regulations per the GPDP for this lot to the proposal for the assisted living facility:
Safeway Oakbrook GPDP Zoning for Lot 5, Block 1 |
|
Existing GPDP zoning regulations |
Proposed Amendment |
Allowable uses |
All uses permitted in B-2 zoning (with some restrictions) |
Assisted Living Facility, in addition to existing uses |
Gross Floor area |
55,800 sq. ft. |
98,650 sq. ft. |
Building Footprint |
40,800 sq. ft. |
28,354 sq. ft. |
Maximum Building Height |
30-ft. for commercial 36-ft. for office |
41'.1"-ft. |
Parking Requirements |
1 space per 300 sq. ft. for office 1 space per 200 sq. ft. for retail |
Per city code |
Open Space |
23.8 percent |
No change |
Setbacks |
30-ft. from Phillips 25-ft. from County Line 0'-ft. from west property line |
80-ft. from Phillips No change to other setbacks |
|
|
|
Change in Use
The property has been vacant for over 30 years. Designated for commercial and office uses on the existing GPDP, the property has failed to attract a user. According to the applicant's real estate broker who has marketed the site for over 15 years, the focus of retail within the trade area moved to properties immediately adjacent to C-470 interchanges and the frontage along the north and south corridors of Broadway and University after construction of the highway. The broker further states that although the property could accommodate a "junior anchor," retailers typically prefer to cluster in the same area as other complementary and competitive users. These uses have found opportunities to serve the neighborhood and the regional retail market in more strategic locations than the Oakbrook Shopping Center location (see attached letter from Bryan D. Slaughter, Sullivan Hayes Brokerage).
Building Height and Gross Square Floor Area
The maximum height for the property under the existing GPDP is 30 feet for commercial and 36 feet for office. The GPDP's Statement of Development Objectives states that the height restrictions are in place to "help in blending the development with adjacent residential use." The proposed four-story structure measures 41'1" tall per the height calculation method in the zoning code, exceeding the maximum allowable height for the site by approximately five feet. The city code definition for structure height and the method used for measuring it is attached with an illustration.
Regarding gross square floor area, the existing GPDP limits the property to 55,800 square feet. The applicant's request for a 98,650 square foot building is an increase of 77 percent. The Statement of Development Objectives in the existing GPDP states that development adjacent to the Oakbrook residential subdivision "is designed to be in scale with the neighborhood" and that the small scale of the building size "is very sympathetic to the neighborhood in both scale and density."
The applicant's Letter of Intent (attached) states that the request for the additional five-foot structure height is imperative due to the nature of the business: a minimum of 104 to 110 units is needed to recover the cost of the site, construction, staffing levels and salaries. In addition, the number of units proposed supports an amenity package and services required for higher service levels for residents of the facility. Due to the size and configuration of the site, it is not possible to achieve the number of units the applicant requests without constructing a four-story building.
The applicant has received comments and a petition from residents of the Oakbrook Subdivision on the east side of East Phillips Avenue concerning the impact of the additional height on mountain views (see attached letter from neighbor, neighborhood petition and the applicant's neighborhood meeting notes). Mountain views are seen primarily from the properties that back up to East Phillips Avenue and from East Phillips Avenue itself, which is the entrance to the subdivision from County Line Road. The applicant has made the following adjustments to lower the height of the building:
· Use of a flat roof from a pitched roof, which lowers the height by three feet.
· Use of individual HVAC units in the exterior walls of the structure which reduces the floor to floor height of the building and avoids placing large units on the roof.
· Reduction in parapet height to the minimal height to retain rain water on the roof.
Traffic Study
The traffic study submitted by the applicant evaluates the trip generation potential for the proposed assisted living facility and compares it to the trip generation potential for the property under the current allowable uses for the site within the shopping center. It estimates this development to generate approximately 322 trips entering and exiting the site on a typical weekday. Of these, approximately 17 will occur during the morning peak hour and 27 will occur in the evening peak hour. The study concludes that the assisted living center would generate an overall 81.5 percent fewer trips than a commercial use.
Consistency with the Comprehensive Plan:
Section 10-12-1 of the city's zoning ordinance requires that zoning amendments are consistent with the goals and policies of the comprehensive plan and promote the general welfare of the community. It is staff's opinion that the proposed rezoning is consistent with the goals and policies of the city's comprehensive plan and promotes the general welfare:
City Wide Plan:
Goal 1: A Dynamic Littleton
Policy 1.1-Generate more opportunities for residents to live, shop, and play where they work, and to work, shop, and play where they live.
· The residents and employees in the proposed assisted living facility will be within walking distance to the shops and restaurants within the Oakbrook Shopping Center.
Policy 1.6-Encourage housing that responds to changing demands in the local housing market, allows every generation and income group to call Littleton home, and otherwise follows this plan.
· The percentage of residents age 65 and older in Littleton is 16 percent, or approximately 6,880 residents. This age group is expected to increase in Littleton over the next 20 years per the Statistical Dashboard, page Appendix-6, Citywide Plan. As residents age, many may require assistance to meet their daily needs. The proposed assisted living facility will provide an option for seniors to obtain the services they need within Littleton.
Policy 1.8-Require that new commercial development be appropriately buffered from adjacent uses.
· An assisted living facility is a residential use per the zoning code, but has a commercial component because the facility has employees, visitors and receives regular truck deliveries. The Oakbrook residential subdivision is adjacent to the proposed development. The adjacent single family homes in this neighborhood are buffered from the proposed facility by East Phillips Drive and a 80-foot setback from the property line to the proposed structure.
Within the setback, the applicant proposes to augment existing landscaping in two areas-one with 40- to 50-foot evergreen trees, and the other with 15-foot ornamental trees. Because of the unique configuration of the lot, these landscaped areas are not a part of the property-each area is part of an adjacent lot within the Oakbrook Shopping Center. The applicant has obtained permission from the property owners of these lots to plant the additional trees on the plan.
Goal 4: A Distinctive Littleton
Policy 4.3-Encourage high quality design, architecture, landscape architecture, and public art throughout Littleton.
· The proposed PD Plan amendment incorporates standards for high quality urban design and architectural features including quality building materials and landscaping. Design features of the proposed structure will be more fully evaluated during site development plan.
South Neighborhood Plan
Land Use Policy 1-That residential areas be protected from commercial and industrial development by utilizing a combination of setback "buffers," screening, and other measures to reduce the visual and audible impacts created by the development.
· Visual impacts: the proposal includes several features which help to reduce the visual impact of the four-story facility:
o The proposed landscaping for the site includes planting of trees in the 80-foot setback area between the back of the building and the single-family homes that back to East Phillips Avenue. See justification under City Wide Policy 1.8.
o The proposed assisted living facility will have 360-degree architecture with openings on all elevations, which should provide better aesthetics than a blank back wall common with retail uses.
· Audible impacts: Building entrances and exterior activity areas of the proposed facility will be located away from the adjacent residential subdivision to lessen audible intrusions:
o The main entrance to the facility will be on the southwest side of the building. Residents and visitors will use this entrance to enter the building, which is on the far side of the Oakbrook Subdivision residents.
o Trash collection and truck deliveries will occur in the loading area, appropriately on the northwest side of the site, away from the residents of the Oakbrook Subdivision.
o Additional vehicular traffic generated by the proposed assisted living facility will add additional noise to the area. However, it will be less than that of retail development approved for the site in 1983.
Land Use Policy 4-That residential development provide a mix of housing types, in a manner that preserves or enhances the character of existing residential areas.
· The proposed assisted living facility will provide a housing option for senior residents who need help with their day-to-day activities. The property has been a vacant lot for over 30 years. The proposed development would eliminate an under-utilized property within the Oakbrook area of the South Neighborhood.
· An assisted living facility provides a good buffer between commercial and residential uses as it generates traffic less than commercial uses.
Promotes the general welfare of the community:
The proposed amendment will promote the general welfare of the community by developing a vacant property in a shopping center, which may assist in revitalizing the center, and providing a new high quality housing option for seniors that meets their daily needs.
Planned Development District:
Section 10-2-23(E) (4) (a) of the city code states that the city council shall base its decision on the conformance of the proposed plan with the stated intent of the Planned Development District:
10-2-239(A): Intent: The Planned Development (PD) District is created to promote the public health, safety, and general welfare by allowing more flexible development based upon a comprehensive, integrated plan.
10-2-23(B): Application and Intent: Further, in applying this section the city council intends to:
1. Encourage more creative and effective use of land and public or private services, and to accommodate changes in land development technology so that the resulting economies benefit the community.
· The community will benefit from a new assisted living facility which will provide a new housing option for senior residents. Developing a vacant and under-utilized site within the Oakbrook Shopping Center into a new housing facility may assist in revitalizing the center by bringing new residents and employees within walking distance to the restaurants and shops.
2. Encourage innovation and efficiency in residential development to meet the growing demands for housing of all types and designs for persons of any social or economic status.
· The proposed assisted living facility will help meet the needs of the growing senior population in Littleton. According to the Statistical Dashboard, page Appendix-6 Citywide Plan, the number of seniors in Littleton today is approximately 6,880 residents, and over the next 20 years, this number is expected to increase.
· The proposed structure is on a site within a shopping center that has been vacant for over 30 years. Allowing an assisted living facility on the site will help meet the community need for such facilities.
3. Encourage innovative development or redevelopment of all land uses to meet the contemporary needs of the community by providing for a greater variety and mix of uses including those which may coexist on the same parcel or within the same building on an approved general PD Plan.
· The Safeway Oakbrook GPDP was approved in the 1980's for retail and office uses. The shopping center was constructed but one remaining lot on the site is vacant. The proposed assisted living facility would bring a new use to the shopping center. The coexistence of a shopping center and an assisted living facility within a unified development is beneficial for both uses as residents will have restaurants and shops within a short walking distance of their home, and businesses will benefit from additional customers.
4. Provide a process which relates the design and development of a site to the particular characteristics of the site.
· The main characteristic of the site is that it slopes from the east to the west. The proposed design of the assisted living facility will sit at the lower elevation of the site with the back of the facility pressed into the hillside.
5. Require that the nature and intensity of development be supported by adequate utilities, transportation network, drainage systems, and open space to serve the development, and to minimize impacts on adjacent existing and future development.
· The site is a remaining vacant lot within an existing shopping center. It has access from County Line Road and East Phillips Avenue that will serve the needs of the facility. The height and square footage of the proposed facility are greater than allowed by the current GPDP, but the applicant has minimized the impact on the adjacent Oakbrook residential neighborhood by providing additional landscaping between the uses, and working to lower the height of the facility through various means, as detailed in the "Proposed GPDP modifications" section of this report.
6. Encourage development consistent with the policies and guidelines established in the adopted comprehensive plan for the area and the city.
· See justification under "Consistency with the comprehensive plan."
The proposed development meets all of the intent statements by utilizing a vacant property for an assisted living facility to serve the housing needs of a large and increasing number of seniors in the community. The shopping center will benefit from additional customer base, while the residents will benefit from businesses within a short walking distance from their homes. Also, the proposed use will generate less vehicle trips than the approved commercial and office uses.
Neighborhood Outreach:
On April 9, 2014, the applicant, George Swintz of Bonaventure, L.L.C., held a neighborhood meeting to discuss the proposed assisted living facility. Mr. Swintz held a follow-up meeting with the neighborhood on September 22 to discuss plan modifications and progress on the application.
PLANNING BOARD RECOMMENDATION:
On November 10, 2014, the planning board reviewed the proposed amendment to the Safeway Oakbrook GPDP. Several residents from the Oakbrook neighborhood expressed their concerns, which related mostly to the height of the building and obstruction of their views. After considering the public's and the applicant's testimony, the board voted 6-1 to forward a recommendation of approval to council with the condition that the building height be reduced to 36 feet for an assisted living facility.
Planning Board Resolution No. 20-2014 reflects the planning board's condition for approval.
Several exhibits were submitted to the planning board by the public at the hearing. The exhibits are attached.
FISCAL IMPACTS:
Capital facility impact fees will be collected during building permit issuance. Based on the projected size of the facility of 98,650 square foot, the amount collected would be $191,973.
STAFF RECOMMENDATION:
Staff believes the project demonstrates that the additional five feet of building height does not significantly affect the neighborhood. While the applicant intends to construct a flat roof building to reduce the height impacts, the GPDP amendment does not include a requirement for a flat roof. Staff recommends that language is added to the amended GPDP requiring the building to be constructed with a flat roof.
Staff finds the proposed amendment to the Safeway Oakbrook GPDP is consistent with the goals and policies of the city's comprehensive plan and the South Neighborhood Plan and promotes the general welfare of the community. Staff finds the proposed planned development plan meets the criteria for the Planned Development District. Staff recommends approval of the proposed ordinance with the condition that the building is constructed with a flat roof.
LITTLETON CITY CHARTER SECTION 37 (VOTING)
A petition of protest, which is attached, was submitted to the planning board. Section 37 states that the protest must be signed by the owners of 20 percent or more of the area of land subject to the proposed change or 20 percent or more of the area of land extending a radius of 100 feet from the land subject to the proposed change, disregarding intervening public streets and alleys. Staff evaluated the petition and determined that signatures represent one percent of the land extending a radius of 100 feet from the property. Therefore, a favorable vote of two-thirds of all members of city council (5-2) will not be required to pass the proposed ordinance.
PROPOSED MOTION:
Proposed Motion
Since staff recommendation and planning board recommendation differ, two proposed motions are provided below:
1. I move to approve on second reading the ordinance approving the amended general planned development plan for Safeway Oakbrook Shopping Center, with the condition that the zoning comparison chart and section III(C)(3) of the development guidelines are revised to require that the building be constructed with a flat roof.
OR
2. I move to approve on second reading the ordinance approving the amended general planned development plan for Safeway Oakbrook Shopping Center, with the condition that the plan is revised to provide that the building height be reduced to 36 feet for an assisted living facility.