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Item 5B - 5405 Spine Rd RZ CITY OF BOULDER PLANNING BOARD MEETING DATE: May 16, 2023 AGENDA TITLE: Public hearing and consideration a request to rezone a 1.01-acre parcel located at 5405 Spine Road and adjacent rights-of-way currently zoned Industrial-General (IG) to Business – Community 2 (BC-2) for consistency with the Boulder Valley Comprehensive Plan and the Gunbarrel Community Center Plan. Reviewed under application LUR2022- 00057. Applicant: Stephen Eckert Owner: Spinebarrel, LLC REQUESTING DEPARTMENT / PRESENTERS Brad Mueller, Director Planning & Development Services Charles Ferro, Senior Planning Manager Chandler Van Schaack, Principal Planner OBJECTIVE 1. Planning Board hears staff and applicant presentations 2. Hold Public Hearing 3. Planning Board to ask questions of applicant, the public, and staff 4. Planning Board action to recommend approval or denial SUMMARY Proposal: Proposal to rezone the property from Industrial – General (IG) to Business – Community 2 (BC-2) consistent with the Gunbarrel Community Center Plan and the Boulder Valley Comprehensive Land Use designations of Community Business. Project Name: Rezoning – 5405 Spine Rd. Location: 5405 Spine Road (Northwest corner of intersection of Spine and Lookout roads) Size of Tract: approximately 1.01 acres (43,895 square feet) Zoning: Industrial General (IG) currently, with Business – Community 2 (BC-2) proposed BVCP Land Use: Community Business (CB) Key Issue: Is the rezoning request consistent with required review criteria for rezoning? EXECUTIVE SUMMARY: A rezoning request requires Planning Board to make a recommendation to City Council regarding consistency of the request with the rezoning criteria of the land use code in Section 9- 2-19(e), B.R.C. 1981. STAFF FINDINGS AND RECOMMENDATION: Suggested Motion Language: Staff finds that the proposed rezoning application meets the rezoning criteria of Section 9-2- 19(e) B.R.C., 1981 and finds the proposed rezoning request to be in compliance with the Boulder Valley Comprehensive Plan and the Gunbarrel Community Center Plan. Therefore, staff recommends that Planning Board recommend approval of the rezoning proposed under case no. LUR2022-00057 to City Council incorporating this staff memorandum and the above review criteria checklist as findings of fact. BACKGROUND: In April 2004, the City adopted the Gunbarrel Community Center Plan (GCCP). Subsequently, in June 2006, a a change in the BVCP land use designation was approved for the subject property from Performance Industrial (PI) to Community Business (CB) in accordance with the Gunbarrel Community Center Plan. The GCCP was adopted as a future land use and transportation plan for the entire Gunbarrel commercial area and was initiated as a planning process by the city in 2002. The plan provides direction for reviewing future public improvements and private sector development proposals in the area and provides redevelopment direction for individual landowners. The subject site is identified as Community Business land use within the GCCP. The applicant is proposing to change the current zoning from Industrial General (IG) to Business – Community 2 (BC-2) to come into compliance with the current BVCP land use designation of Community Business as well as the land use designation prescribed by the GCCP. The Community Business designation is meant to allow for a more diverse mix of uses including specialty retail, restaurant, service and other uses consistent with the GCCP. PUBLIC FEEDBACK Consistent with Section 9-4-3, Public Notice Requirements, B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application, and signs have been posted by the applicant indicating the review requested. Staff has not received any public comments regarding the proposed rezoning request. Existing Site. As shown below in Figure 1, the site is located at the northwest corner of Spine and Lookout roads and is occupied by an existing 14,643 square foot building constructed in 1982 that has housed a variety of industrial/office uses over the past 40 years. The building currently contains an office use. There is a surface parking lot with 39 existing parking spaces, no bike parking, and several existing, mature trees. Gunbarrel Community Center Plan The GCCP is a future land use and transportation plan for the entire Gunbarrel commercial area initiated in a public process by the city in 2002. Through public participation, the plan established the vision for redevelopment in much of the Gunbarrel commercial and office area with the goal of emphasizing urban development patterns with a diverse mix of vibrant uses. The plan provides direction for reviewing future public improvements and private sector development proposals in the area and redevelopment direction for individual landowners. Refer to Figure 2 below for the GCCP land use concept map. The GCCP (link provided here) identifies the site for “Community Retail” –The Community Retail definition in the Gunbarrel Community Center plan notes, “The uses in this area will be easily accessible by automobile and cater to the convenient shopping of household goods.” In addition, the plan recommends a Community Business Comprehensive Plan land use designation for the site. (See Figure 13, Pg. 48, GCCP) Spine Rd Lookout Rd Odell Place Figure 1: Site Location Figure 2: GCCP Land Use Concept Map BVCP Land Use The Boulder Valley Comprehensive Plan land use designation for the site is Community Business, defined in Chapter III of the BVCP as follows: Refer to Figure 3 below for the BVCP land use map. Existing Zoning The current zoning is Industrial General (IG), defined within the land use code section 9-5-2, B.R.C. 1981 as, “General industrial areas where a wide range of light industrial uses, including research and manufacturing operations and service industrial uses, are located. Residential uses and other complementary uses may be allowed in appropriate locations.” Figure 3: BVCP Land Use Map (Site in Yellow) By definition, a majority of the uses allowed are industrial. Refer to Figure 4 below for the existing zoning. Proposed Zoning The applicant is proposing Business Community 2 (BC-2) zoning, defined in the land use code section 9-5-2, B.R.C. 1981, as “Business areas containing retail centers serving a number of neighborhoods, where retail-type stores predominate.” If the property is rezoned, the property would become subject to the use standards for the BC-2 zoning district as established in Table 6-1, Use Table in Land Use Code section 9-6-1, B.R.C. 1981, found at this link here. The applicant is intending to establish a private school on the property following the rezoning. Per Table 6-1, private elementary, middle and high school uses are allowed by-right in the BC-2 zone. Built Context The immediate surroundings are primarily industrial with retail uses nearby along with new residential. Since adoption of the GCCP, several properties were rezoned consistent with the adopted land use designations that had been implemented based on the GCCP: • 6333 Lookout Road (Gunbarrel Gateway) was rezoned from Industrial General (IG) to Business Community – 2 (BC-2), developed with a Hampton Inn Hotel, with approval for three office or retail buildings aligning Lookout Road and 63rd Street. The hotel was approved in 2008 and is complete and operational. • 6685 Gunpark Road (Gunbarrel Town Center), an 8.7-acre parcel across Lookout Road and east of the site was rezoned to Business Regional (BR-1) for the town center development envisioned by the GCCP, now referred to as the Gunbarrel Town Center. The town center development was approved in 2012 and now contains a King Soopers Figure 4: Existing Zoning and a variety of other neighborhood-serving restaurant and retail uses. • 5460 Spine Road (The Alexan), an 8.6-acre parcel located one block north of the site was rezoned to high density residential, RH-5 from Industrial General (IG). The rezoning was initiated not only to provide supporting residential uses in proximity to the planned mixed-use Gunbarrel Town Center, but also to enable residential development in close proximity to what was originally the proposed RTD rail stop in the light industrial area directly to the west. Since that time, the planned RTD stop has been relocated to west of 63rd Street. The new location of the RTD stop remains close by (within one-quarter mile from the site) with additional bus stops located at the intersection of Lookout and Spine roads. In 2012, Planning Board and City Council approved a site review to allow 231 units with 1,500 square feet of retail space. • 6655 Lookout Road, a 100 percent permanently affordable apartment project, was approved in 2013, for 68 units. The project was approved under a Use Review for residential within an Industrial zoning district. • 5400 Spine Rd, the 1-acre parcel immediately east of the project site, was rezoned from IG to BC-2 in 2014 and has since been redeveloped as a mix of office and retail uses. REVIEW PROCESS Per Land Use Code section 9-2-19(d), B.R.C. 1981, “the planning board shall hear a request for rezoning at a public hearing and shall make a recommendation for approval or denial to the city council.” Staff has prepared a draft rezoning ordinance, provided in Attachment A. KEY ISSUE DISCUSSION Key Issue #1: Is the rezoning request consistent with required review criteria for rezoning? Land Use Code Section 9-2-19(e), B.R.C. 1981 states: The city's zoning is the result of a detailed and comprehensive appraisal of the city's present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the city, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the city council shall grant a rezoning application only if the proposed rezoning is consistent with the policies and goals of the Boulder Valley Comprehensive Plan, and, for an application not incidental to a general revision of the zoning map, meets one of the following criteria: √ The applicant demonstrates by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the Boulder Valley Comprehensive Plan map; The proposed rezoning is, on balance, consistent with the policies and goals of the Boulder Valley Comprehensive Plan (BVCP), particularly Policy 2.19, Neighborhood Centers, which supports “evolution of these centers to become mixed-use places” in accordance with area planning efforts. Rezoning of the site to allow for redevelopment under BC-2 zoning in accordance with the GCCP also supports Policy 2.09, Neighborhoods as Building Blocks, Policy 2.24, Commitment to a Walkable & Accessible City, and Policy 5.01, Revitalizing Commercial & Industrial Areas. In addition, the applicant has demonstrated by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the BVCP map. Specifically, as mentioned above, The BVCP Land Use designation for the site is Community Business, which is described in the BVCP as: BVCP Policy 2.19, Neighborhood Centers, describes the desired characteristics of areas designated as Community Business: “Neighborhood centers often contain the economic, social and cultural opportunities that allow neighborhoods to thrive and for people to come together. The city will encourage neighborhood centers to provide pedestrian-friendly and welcoming environments with a mix of land uses. The city acknowledges and respects the diversity of character and needs of its neighborhood centers and will pursue area planning efforts to support evolution of these centers to become mixed-use places and strive to accomplish the guiding principles noted below.” The existing IG zoning is not consistent with the underlying land use designation of Community- Business. The proposed BC-2 zone district, defined as “Business areas containing retail centers serving a number of neighborhoods, where retail-type stores predominate,” would bring the zoning of the site into compliance with the underlying BVCP land use designation, and as such staff finds that the applicant has demonstrated by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the BVCP land use map. BC-2 zoning is consistent with both the BVCP land use designation of Community Business as well as the goals for the Gunbarrel Town Center area set forth in the GCCP. n/a The existing zoning of the land was the result of a clerical error; Not applicable. n/a The existing zoning of the land was based on a mistake of fact; Not applicable. n/a The existing zoning of the land failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to, steep slopes, floodplain, unstable soils, and inadequate drainage; Not applicable. n/a The land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area or to recognize the changed character of the area; or Not applicable. n/a The proposed rezoning is necessary in order to provide land for a community need that was not anticipated at the time of adoption of the Boulder Valley Comprehensive Plan. Not applicable. Approved By: Brad Mueller, Secretary to the Planning Board Attachments: A: Draft Rezoning Ordinance B: Applicant’s Written Statement o-XXXX 1st Rdg 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE _______ AN ORDINANCE REZONING APPROXIMATELY 1.01 ACRES OF LAND LOCATED AT 5405 SPINE ROAD AND ADJACENT RIGHTS-OF-WAY FROM THE INDUSTRIAL - GENERAL (IG) TO THE BUSINESS - COMMUNITY 2 (BC-2) ZONING DISTRICT AS DESCRIBED IN CHAPTER 9-5, “MODULAR ZONE SYSTEM,” B.R.C., 1981, AND SETTING FORTH RELATED DETAILS. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS: A.A public hearing before the Planning Board of the City of Boulder was duly held on ______________________, 2023, in consideration of rezoning approximately 1.01 acres of land from the Industrial - General (IG) to the Business - Community 2 (BC-2) zoning district, the land proposed to be rezoned include a parcel of land generally located at 5405 Spine Road, City of Boulder, County of Boulder, State of Colorado, as more particularly described on Exhibit A attached to this ordinance (the “5405 Spine Property”), and the adjacent Odell Place right-of-way, Spine Road right-of-way, and Lookout Road right-of-way, all currently zoned Industrial - General (I-G), as more particularly shown on Exhibit B attached to this ordinance (“Adjacent Rights-of- Way”). The 5405 Spine Property and the Adjacent Rights-of-Way are collectively hereafter referred to as the “Property.” B.The Planning Board found that the rezoning of the Property from the Industrial - General (IG) to the Business - Community 2 (BC-2) zoning district is consistent with the policies and goals of the Boulder Valley Comprehensive Plan; is necessary to bring the Property into compliance with the Boulder Valley Comprehensive Plan land use map designation of Community Business; and meets the criteria for rezoning as provided in Chapter 9-2, “Review Processes,” B.R.C. 1981; Attachment A - Draft Rezoning Ordinance o-XXXX 1st Rdg 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. The Planning Board recommended that the City Council amend the zoning district map to include the Property in the Business - Community 2 (BC-2) zoning district as provided in Chapter 9-5, “Modular Zone System,” B.R.C. 1981; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Chapter 9-5, “Modular Zone System,” B.R.C. 1981, and the zoning district map forming a part thereof are amended to include the Property within the Business - Community 2 (BC-2) zoning district. Section 2. The City Council finds that the rezoning of the Property from Industrial - General (IG) to Business - Community 2 (BC-2) is consistent with the policies and goals of the Boulder Valley Comprehensive Plan, is necessary to bring the Property into compliance with the Boulder Valley Comprehensive Plan map, and meets the criteria for rezoning as provided in Chapter 9-2, “Review Processes,” B.R.C. 1981. The City Council adopts the recitals as a part of this ordinance. Section 3. The City Council has jurisdiction and legal authority to rezone the Property. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. The rezoning of the Property bears a substantial relation to, and will enhance the general welfare of, the Property and of the residents of the City of Boulder. Section 5. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment A - Draft Rezoning Ordinance o-XXXX 1st Rdg 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this ___________ day of ________________, 2023. Aaron Brockett Mayor Attest: Elesha M. Johnson City Clerk READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this ___ day of ___________, 2023. Aaron Brockett Mayor Attest: Elesha M. Johnson City Clerk Attachment A - Draft Rezoning Ordinance o-XXXX 1st Rdg 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT A LEGAL DESCRIPTION (5405 Spine Road) LOT 13, THE GREENS INDUSTRIAL PARK, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO. Attachment A - Draft Rezoning Ordinance EXHIBIT B: ADJACENT RIGHTS-OF-WAYAttachment A - Draft Rezoning Ordinance {00627559.DOCX:2} Written Statement – 5405 Spine Rezoning We are requesting that 5405 Spine be rezoned from IG to BC-2 in accordance with the Boulder Valley Comprehensive Plan (the “BVCP”). The current BVCP Land Use Map (the “Map”) designation for the property is “Community Business.” However, the current zoning for the property is Industrial General, which is therefore in conflict with the Map. See City maps below confirming the current land use designation and zoning. Consistent with the goals and policies of the BVCP, applicant is proposing to rezone the property to BC-2 so that it complies with the Map. Consistency with the Goals and Policies of the BVCP. The proposed rezoning is consistent with the goals and policies of the BVCP because it further implements the Gunbarrel Community Center Plan (the “Plan”). Since its adoption in 2004 and subsequent amendment in 2006, the Plan has articulated the community’s vision for the relevant portion of Gunbarrel. At the time of adoption of the Plan, the property had an industrial land use designation and was zoned IG. But as indicated in the Plan (pp. 46-47), the desired land use designation for the property is Community Business. Consistent with the Plan, the City previously changed the land use designation for the property from industrial to Community Business. The next step in implementing the Plan consistent with the BVCP is to adopt the necessary change to a Business – Community zone district. That is the subject of owner’s application. The Proposed Rezoning is Necessary for the Property to come into Compliance with the Map. The proposed rezoning meets the following criterion set forth in Section 9-2-19(e ), B.R.C. 1981: The applicant demonstrates by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the Boulder Valley Comprehensive Plan map. As indicated above, and pursuant to the map provided, the current land use designation of the property is Community Business. That designation supports two zone districts: BC-1 and BC-2. But as indicated above, and pursuant to the map provided, the property is currently zoned IG. Accordingly: (a) the zoning of the property is currently in conflict with the Map; and (b) the proposed rezoning of the property to BC-2 is necessary for the property to come into compliance with the Map. Attachment B - Applicant's Written Statement {00627559.DOCX:2} Diagrams from the emap Links: Current Zoning Diagrams from the emap Links: Desired Land Use in the BVCP: Attachment B - Applicant's Written Statement