STAFF REPORT

TO: Lakewood Planning Commission

THRU: Vince Harris, Planning Manager-South Lakewood

FROM: Tina Dill, Project Manager

DATE: August 31, 2004
PC Date: September 15, 2004

SUBJECT: Zoning Case No. RZ-04-003
945 South Kipling Parkway

APPLICANT: George Heady for Brunswick Bowling and Billiards

REQUEST: Approval to rezone property from 3-C * (with conditions) Zone District to the 4-C* (with conditions) Zone District for the purpose of increasing the number of arcade machines from 10 to 33.

HISTORY / BACKGROUND

The applicant is proposing to change the zoning at 945 South Kipling Parkway, which is the location of the Green Mountain Bowling Center. The site is approximately 2.8 acres of land located as shown on the attached Map. The existing Bowling Center is currently 36,000 square feet with no plans to expand the building. The only access point is a private drive located off West Kentucky Avenue. The property is located in the Sun Valley Parkway Plaza Subdivision.

The applicant proposes to rezone the property from 3-C * (Community Commercial with conditions) Zone District to the 4-C * (Regional Commercial with the same conditions) Zone District because the 4-C Zone District allows additional arcade machines. In the 3-C Zone District, Amusement Centers are a permitted use and allow less than eleven amusement devices such as arcade machines. In addition, the conditional zoning currently specifies that a bowling alley and arcade use is allowed, restricts the height of the building, defines the hours of operation, and requires a berm to minimize the impacts to the adjacent neighbors. The conditions of the zoning have been met, and staff recommends the conditions be retained with the proposed 4-C rezoning.

In the 4-C Zone District, Amusement Arcades are a permitted use, and ten (10) or more amusement devices are allowed. The applicant is currently zoned and licensed for ten (10) arcade machines and is proposing to increase the number of machines to thirty-three (33).

In addition to the regulations in the Lakewood Zoning Ordinance, Lakewood's Municipal Code also governs amusement devices. Chapter 5.46 of the Municipal Code sets forth all aspects of amusement devices, including the definitions, licensing procedures, hours of operations, and the location of arcades. The Municipal Code also defines the type of zoning where arcades are allowed, how far they are allowed to be located from existing arcades (200-feet), and how far they are allowed to be located from any land used for school purposes (1500-feet). There are no arcades licensed within 200-feet and no land used for school purposes within 1500-feet of the Green Mountain Bowling Center. If the Planning Commission recommends and the City Council approves of this change in zoning, the applicant must then request a hearing before the Arcade Licensing Board for their review and decision.

SURROUNDING ZONING AND LAND USES

To the north of the Bowling Center is a mix of commercial uses, including a restaurant and a car wash. To the east is the Sun Valley neighborhood, made up of single-family homes, and to the southeast is a church at the intersection of West Mississippi Avenue and Kipling Parkway. South of the Bowling Center are the Kipling Klub Townhomes. Immediately to the west is a mix of commercial uses bordered by a Sun Valley West, a single-family residential neighborhood.

Direction Zone District Land Uses

NORTH 2-C Commercial

SOUTH 4-R Townhomes

EAST 2-R Single-family homes

WEST 2-C, 4-R Commercial and Townhomes

AGENCY REVIEW

Xcel Energy *
West Metro Fire Protection District

* No reply received as of August 30, 2004

ANALYSIS OF ISSUES

1. Consistency with the Comprehensive Plan: The Lakewood Comprehensive Plan sets the tone for and guides development and redevelopment in the City. It is an advisory document that sets policies for community identity, image and design; land use, growth and redevelopment; environment, parks and open space; transportation and infrastructure, and the overall planning process. The Lakewood Comprehensive Plan is written as a set of goals, policies and action steps. There are no applicable neighborhood, corridor or special area plans that apply to this property.

The following is an analysis of how this zoning proposal meets the goals and policies set forth in the Comprehensive Plan:

Community Image, Identity, Appearance and Design

GOAL: Strengthen Lakewood's Image and Identity with Emphasis on Livability and Vitality.

Policies:
· Promote a sense of community in residential neighborhoods, commercial areas and public spaces.

Analysis: One of Brunswick's goals for rezoning the property is to create a family-based destination business and become more family and community oriented. With the rezoning of the property Brunswick's and the City's goal of promoting a sense of community will be met.

General Land Use

GOAL: Ensure that land-use and development is in compliance with the Lakewood Comprehensive Plan.

Policies:
· A land use proposal shall be in compliance with the Comprehensive Plan if:
a) The proposal furthers one or more goals of the Comprehensive Plan; and
b) The proposal does not conflict with or prevent implementation of any goal of the Comprehensive Plan.

Analysis: Based upon the information provided within this Staff Report, Staff's position is that this proposal is in compliance with the Comprehensive Plan and furthers the goals of the Comprehensive Plan by offering additional entertainment amenities for families in the community and the region, retains an established business and provides employment. Also, this proposal does not conflict with or prevent implementation of any goal or policies of the Comprehensive Plan.

Residential

GOAL: Encourage new residential development in appropriate locations relative to densities, needed services and other land uses.

Policies:
· Provide a range of housing choices for a variety of households with amenities, services and retail uses to generate opportunities for all.

Analysis: Although this rezoning is not proposing any development of residential housing, the Bowling Center does contribute to the variety of amenities available to the surrounding neighborhoods. With the addition of 23 new arcade machines, the Center will shift its focus to family-based entertainment opportunities. In addition, approximately thirty-five (35) people are employed at the facility.

Urban Centers

GOAL: Concentrate Activities that Serve Several Multiple Neighborhoods in Community Mixed Use Centers.

Analysis: The rezoning of this property is not related to any particular commercial or urban development project, but it serves multiple neighborhoods and communities. While the Bowling Center serve Lakewood residents, it also draws in people from Arvada, Littleton, Golden, Aurora, and Denver.

Economic Development

GOAL: Create a Positive Business Climate.

Policies:
· Support retention and expansion of small businesses.

Analysis: Brunswick Bowling and Billiards has set forth a company-wide policy to create "destination-entertainment" centers. They believe more arcade machines are needed to create that type of an environment for their customers and to expand their business. With the rezoning of the property Brunswick's and the City's goal of small business retention and expansion will be met.

2. Zoning and Land Use: In zoning property, the goal of the Lakewood Zoning Ordinance is "To promote stability in zoning and appropriate development of property within the City," The Ordinance indicates that proposed zonings should promote the health, safety or welfare of the inhabitants of the City of Lakewood; promote the purposes of the Zoning Ordinance; the proposal should be compatible with the surrounding uses; and the proposal should enhance significant natural characteristics of the site by preservation or incorporating these features into the development's open space.

The current zoning is 3-C * and was approved by the Lakewood City Council in 1983 (case number E-83-35). The conditions attached to the current zoning are that the maximum building height is to be twenty-two (22) feet, 3-C uses are to be restricted to a bowling center with an amusement center to be contained within the bowling center building, the hours of operation are from 8:00 a.m. to 12:00 p.m. for bowling, and that a berm must be constructed and maintained along the west property line.

The zoning proposed for this property is 4-C *. Staff proposes to carry over the same conditions with one exception: That the uses be restricted to a bowling center with an amusement arcade, which will allow for the possibility of increasing the number of amusement devices (arcade machines) to more than ten (10) machines.

3. Lakewood Municipal Code: The Code establishes licensing and operational requirements for arcades. Arcades are only allowed in 4-C or 5-C zone districts, cannot be within two hundred (200)-feet of an existing arcade, within fifteen hundred (1500)-feet of any school within the city, and may not operate Sunday through Thursday between the hours of ten p.m. and ten a.m., and on Fridays and Saturdays between eleven p.m. and ten a.m.

4. Infrastructure and Utilities: The utility agencies have reviewed this proposal and do not oppose the zoning request. All utilities will continue to be provided to the Green Mountain Bowling Center.

5. Layout and Access: The property is currently developed. The property has street frontage along Kipling Parkway. However, access is only available from a private drive off Kentucky Avenue, and no further access points are proposed.

6. Engineering Studies: Final engineering plans and studies have not been required in conjunction with the rezoning of the property. No development or re-development plans have been submitted to require the need for engineering studies.

7. Public Improvements: Public improvements are not required with the rezoning of this site.

8. Parkland and School Land Dedication Requirement: Neither parkland nor school land dedication are required as a result of this proposal.

9. Neighborhood Impact: The surrounding residential neighborhoods will be not impacted by the zoning change. The surrounding street system is adequate to handle the existing traffic from the Bowling Center and there should be no decrease in the level of service of the local street system.

Summary of Analysis:

Staff believes that the proposed zoning is compatible with the surrounding zoning and land uses and meets the goals and policies as described in the Lakewood Comprehensive Plan.

PUBLIC COMMENT

A neighborhood meeting was conducted on March 9, 2004. No residents attended this meeting. A copy of the neighborhood-meeting summary is enclosed for your review. Staff has received no inquires regarding the rezoning proposal from anyone notified of the neighborhood meeting.

NOTIFICATION/SLIDES

Notice of the public hearing was mailed to the residents and the property owners within 500 feet of the proposed zoning as well as registered homeowner associations within 1,000 feet as required by the Lakewood Zoning Ordinance. Slides of the site were taken and will be shown at the public hearing.

SUMMARY AND RECOMMENDATION

Based upon the existing zoning and land use pattern in the immediate area, staff supports the rezoning of the subject property. Therefore, the City of Lakewood staff recommends that the Planning Commission find that:

1. Brunswick Bowling and Billiards, has submitted an application to rezone approximately two (2)-acres of land to the 4-C * (Regional Commercial) Zone District with the following conditions;
(a) The building height does not exceed twenty-two (22) feet;
(b) The 3-C uses are restricted to a bowling center and amusement arcade (allowing more than ten (10) amusement devices) within the bowling center building only;
(c) The hours of operation shall be from 8:00 a.m. to 12:00 p.m. for bowling;
(d) The existing berm along the west property line must remain as currently installed; and

2. Notice of the Public Hearing to the fee owners of the property and residents within 500 feet and neighborhood associations within 1,000 feet were made as required by the zoning ordinance; and

3. The request was reviewed by the appropriate referral agencies; and

4. The applicant has met the requirements of the Zoning Ordinance; and

5. The proposed rezoning has met the requirements of the Neighborhood Referral Program; and

6. Public improvements are not required with this proposal; and

7. Parkland dedication and school land dedication are not required for approval; and

8. The proposed zoning meets the Lakewood Municipal Code requirements; and

9. This proposed zoning meets the requirements of the Lakewood Comprehensive Plan in terms of the following:

a) The Staff Report includes an analysis on pages 3 and 4 related to the Comprehensive Plan and is included as part of Planning Commissions findings.

AND

That the Planning Commission recommends that the City Council APPROVE zoning Case No. RZ-04-003.

Attachments: Notice and Vicinity Map
Neighborhood Meeting Summary
Site Plan
Site Photos

cc: Case File RZ-04-003
File154-Dill
Vince Harris, City of Lakewood
Lenora Moore, City of Lakewood City Clerk's Office

Leiserv, Inc.
Wildy Perryman
1 North Field Court
Lake Forest, IL 60045

Brunswick Zone
George Heady
1135 South Wadsworth Boulevard
Lakewood, Colorado 80232

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