STAFF REPORT FOR MAJOR VARIANCE. CASE NO. VM REPORT DATE: June 5, ADDRESS OF VARIANCE REQUEST: 8383 W Alameda Ave, Lakewood, CO 80226

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1 STAFF REPORT FOR MAJOR VARIANCE CASE NO. VM REPORT DATE: June 5, 2012 CASE NAME: Kaiser Major Variance PROCEDURE: Board of Adjustment ADDRESS OF VARIANCE REQUEST: 8383 W Alameda Ave, Lakewood, CO APPLICANT: Curtis Martin Bennet Wagner and Grody Architects PC, on behalf of Kaiser Permanente 1301 Wazee Street, Suite 100 Denver, CO REQUEST: The applicants are seeking a Variance from the 50-foot maximum front setback standards of the Alameda Overlay District, to allow for the construction of an addition to the existing facility which would be 150 feet back from the back of curb along Alameda Ave. CITY STAFF: Planning-Development Review Engineering-Development Review Property Management Evelyn Baker, Manager Ken Hargrave, Project Engineer Garrett Downs, Right-of-Way Agent STAFF RECOMMENDATION: That the Board of Adjustment approve. Evelyn Baker, Manager Planning Development Assistance CONTENTS OF THE REPORT Attachment A - Applicant s submittal with attachments Attachment B Site plan (proposed)

2 Page 2 of 7 I. SUMMARY OF REQUEST The applicant is requesting a variance from the maximum 50-foot front setback limitation of the Alameda overlay district to allow an addition to the existing medical office building located at 8383 W. Alameda Ave. The proposed addition would be approximately 150 feet back from the back of the curb along W. Alameda Ave, where a maximum setback of 50 feet is permitted. Figure 1 Vicinity Map North 8383 W Alameda Ave. II. PROCESS REQUIRED CITY APPROVALS In addition to this variance, the applicant will need to obtain the Planning Director s administrative approval of a site plan and approval of a building permit to proceed with the proposed addition to the existing building. III. ZONING AND LAND USE Existing Conditions The property is located on W. Alameda Avenue, between S. Carr Street and S. Ammons Street. The Kaiser Permanente Lakewood Medical Offices are currently located on site in a building that is approximately 47,741 square feet. The existing building is located approximately 150 feet from the back of curb along W. Alameda Ave. The project site is zoned Office (OF) and is also within the Alameda Overlay District. (See Figure 2.) There are no neighborhood plans that apply to the project site. The area surrounding the project site is made up of a mix of commercial/office, multi-family and single-family land uses. (See Table 1.)

3 Page 3 of 7 Figure 2 Zoning Map North Adjacent Zoning Designation Adjacent Land Uses Table 1: Adjacent Properties - Zoning and Land Uses North South East West Planned Multi-Family Residential Development (4R) and (PD) -- Villa West Office (OF) w/ Alameda ODP Overlay Multi-Family Residential (5R) Office (OF) with Alameda Overlay Multi-Family Single-Family Multi-Family and Office Commercial and Office IV. AGENCY REVIEW AND NOTIFICATION As part of the Site Plan review process for the associated development proposal, staff sent outside referrals to the agencies listed in Table 2 below. Staff received no comments in opposition of the proposed development proposal from any of the agencies contacted. Table 2: Summary of Project Referrals and Notices Agency Notification Referral Sent Sent Xcel Energy X X West Metro Fire Protection District X X Comments Received Consolidated Mutual Water District X X Property Owners within 300 feet X In addition, a notice of the Board of Adjustment public hearing was mailed to 72 residents/current occupants and owners of properties within 300 feet of the project site and to 4 registered neighborhood

4 Page 4 of 7 associations within 1,000 feet of the subject property as described below. No responses have been received as of the publication of this report. V. ANALYSIS The applicant has submitted a separate Site Plan application for a large-scale building and redevelopment project for the existing Kaiser Permanente Medical Office Building on site. The project consists of two major building components and the redevelopment of the existing 8 acre site. The first building component includes the construction of a new 66,073 square foot 2 story addition east of the existing building. The second building component consists of a 60,149 square foot renovation of the east half of the existing two story building with basement, which was originally constructed in The site redevelopment consists of the demolition of the west half of the existing building, which was originally constructed in The entire site will be upgraded with new parking lot configurations and overall site improvements to accommodate the new building footprint. (See Attachment B.) Because the project site is located within the Alameda Overlay District, development of the site is required to meet the standards of both the underlying Office (OF) zone district, as set forth in Section of the Lakewood Zoning Ordinance, and the Alameda Overlay District, as set forth in Article (See Table 3 for a comparison of the front setback requirements.) While the OF zone district defines no maximum setback for buildings with footprints greater than 10,000 square feet, the Alameda Overlay zone district includes a maximum front setback of 50 feet, measured from the back of curb. Minimum Front Setback Measured from back of curb of an adjoining street Maximum Front Setback Measured from back of curb of an adjoining street Table 3: Comparison of Front Setback Regulations OF Alameda Overlay Proposed Where building footprint is < 30 ft., but not in Right-of- 10,000 sq. min. setback is 20 ft. Way. Where building footprint is >10,000 sq. min. setback is 40 ft. Where building footprint is < 10,000 sq. max. setback is 50 ft. Where building footprint is >10,000 sq. no maximum setback 50 ft. Where property line is greater than 50 feet from back of curb, property line is maximum setback. 150 ft. The proposed building addition meets the front setback standards for buildings with footprints greater than 10,000 square feet, as established by the OF zone district, but exceeds the maximum front setback established by the Alameda Overlay District. During the review of both the initial pre-planning application and the formal Site Plan application for the proposed redevelopment of the project site, staff consulted with the applicant to discuss different design options that could meet the maximum front setback standard of the Alameda Overlay District. After weighing various design options against the operational constraints of the medical office building, the applicant opted to pursue a major variance request to allow the building addition to maintain the front setbacks established with the existing building. (See Attachment A.)

5 Page 5 of 7 The Alameda Overlay District does allow for some flexibility in the application of the development standards, based on the consideration of site specific attributes and the broad district goals. It is staff s opinion that the proposed development, with the approval of the variance request, would be appropriate, as it can comply with all other applicable standards of the OF and Alameda Overlay districts, including building height, site layout, sign, site furnishings, architecture, landscaping, public art, and vehicular and bicycle parking. If the Board of Adjustment approves the variance request, the applicant has requested that the Board of Adjustment also approve an extension of time for the variance to allow for the Site Plan review and building permit issuance processes and funding allocation that would be required to move forward with the proposed development. The applicant has proposed that variance be rendered invalid if future development plans differ from the current design and don not include the reuse of the existing portion of the building, as described in this report. Section of the Lakewood Zoning Ordinance does allow the Board of Adjustment to prescribe a period of time for the variance, and staff supports this request. VI. REQUIRED FINDINGS The following is staff s analysis and findings as they relate to the criteria for granting a minor variance set forth in Section of the Lakewood Zoning Ordinance. a. By reason of exceptional narrowness, shallowness or shape of a specific piece of property on the date this section takes affect or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the piece of property, the strict application of the regulation would result in a peculiar and undue practical difficulties for, or peculiar or unnecessary hardship on, the owner of the property; The location of the existing building presents site and operational challenges for the proposed renovation project. The applicant has argued, and City staff concurs, that compliance with the maximum setback standards would create an awkward and inefficient building and site circulation arrangement. Specifically the applicant has identified a number of challenges that would be faced if the building were to be designed to comply with the setback standards. (See Attachment A) Substantial additional square footage would be needed to allow for the connection of the existing building to remain and the new addition. End-users would face an awkward, confusing and inefficient building circulation arrangement. Travel distances from one side of the building to the other would increase. This is seen as a disadvantage for buildings designed for medical purposes. With the setback variance, the building can be designed to have one centralized check-in area that is visible from both entrances on the first floor. The on-site circulation around the resulting building would be convoluted and potentially more dangerous to users than the proposed design. From a practical perspective, the additional environmental and financial costs associated with a full redevelopment of the site that could comply with the maximum setback standard, would be

6 Page 6 of 7 prohibitive. Strict adherence to the maximum setback requirement would likely result in a decision to forego the renovation, thereby eliminating this opportunity to provide significant improvements and upgrades to the building and site. b. The variance, if granted, will observe the spirit of the Lakewood Zoning Ordinance, and secure the public safety and welfare, and achieve substantial justice; The proposed project can meet all other City of Lakewood Zoning Ordinance criteria. The variance, if granted, will observe the spirit of the Lakewood Zoning Ordinance in that it will allow for improvements to a valued medical office development that would enhance the appearance of the City, promote good civic design and arrangement, protect the value of property and conserve the value of buildings. c. The variance, if granted, will not adversely affect the adjacent properties and the surrounding neighborhood; The requested variance affects only the project site and will not adversely impact any adjacent properties or the neighborhood. d. The variance, if granted, will not substantially or permanently impair the appropriate use or development of the adjacent properties; The variance, if granted, will allow for the improvements of the existing medical office building and project site. The project will not impair the appropriate use of development of any of the adjacent properties. e. The variance, as requested, is the minimum variance request that will afford relief; The proposed setback for the addition matches the existing building and the applicant has argued, and City staff concurs, that the proposed setback creates the most efficient building and site layout possible. The proposed setback is not an increase from the current condition. VII. STAFF RECOMMENDATION Based upon the information and materials provided in the staff report, the City of Lakewood staff recommends that the Board of Adjustment find that: a. The notification and posting requirements as stated above for AGENCY REVIEW AND NOTIFICATION have been met; and b. The strict application of the maximum front setback would result in peculiar or unnecessary hardship on the applicants; and

7 Page 7 of 7 c. The requested variance will observe the spirit of the Lakewood Zoning Ordinance, and secure the public safety and welfare, and achieve substantial justice; and d. The requested variance will not adversely affect the adjacent properties and the surrounding neighborhood; and e. The requested variance will not substantially or permanently impair the appropriate use or development of the adjacent residential properties; and f. The requested variance is the minimum that will afford relief as demonstrated by Attachment B; AND APPROVE the Major Variance request, case number VM , to grant a variance from the maximum front setback regulations within the Alameda Overlay District. The variance will run with the land and will be rendered invalid only if future development plans differ from the current design proposed and do not include the reuse of the existing portion of the building.