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HomeMy WebLinkAboutCity Council Agenda Packet 04/08/20136:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 8, 2013 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF March 25, 2013 PROCLAMATIONS AND CEREMONIES Mayor's Day of Recognition for National Service Arbor Day and Tree City USA Volunteer Appreciation Week CITIZENS' RIGHT TO SPEAK a . Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard . APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. Resolution 13-2013-Approving a Fifty-Three Lot Subdivision Plat with Right-Of-Way Dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38th Ave . (Case No. WZ-12-01/ Doud Overlook) 2 . Council Bill No. 05-2013 -approving the rezoning of property located at 6700 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) (Case No. WZ 13-01/Camaros Plus) CITY COUNCIL AGENDA: April 8, 2013 Page -2- 3 . Council Bill No . 07-2013-extending a Temporary Moratorium on the submission , acceptance , processing , and approval of applications for a permit or license for any Marijuana Establishment or Marijuana Club DECISIONS, RESOLUTIONS AND MOTIONS 4 . Motion or ratify the District Ill Mayoral appo intment to Renewal Wheat Ridge , te rm to expire November 30 , 2014 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN CITY OF WHEAT RIDGE, COLORADO 7500 WEST 291 H AVENUE, MUNICIPAL BUILDING March 25. 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Joyce Jay Mike Stites Joseph DeMott George Pond Davis Reinhart Kristi Davis Bud Starker Tracy Langworthy Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Community Development Director, Ken Johnstone; Public Works Director, Tim Paranto; other staff and interested citizens. APPROVAL OF MINUTES OF March 11, 2013 Clerk Shaver pointed out a correction for the Minutes of March 11 . Mr. Starker was in Washington DC, not Ms. Davis . Motion by Councilmember Stites for approval of the Minutes of March 11, 2013 as corrected; seconded by Councilmember Reinhart; carried 5-0, with Councilmembers Starker, Langworthy and Reinhart abstaining. PROCLAMATIONS AND CEREMONIES Clerk Shaver read a proclamation designating the month of April as Child Abuse Prevention Month. CITIZENS' RIGHT TO SPEAK Nancy Snow applauded the measures Council has taken to be open and transparent with meetings and information. However, she thinks the titles of agenda items should accurately reflect the true substance of the item. She referenced the title of Item 5 on tonight's agenda that makes no mention of the request for a rebate of property taxes at 38th & Depew -which is what this item is about. There's absolutely no way an average citizen would have known this . In the future she asks that the agenda titles be more informative for the public. Dr. Linda Smith had 3 concerns: Living near the new restaurant going in at 29th & Depew, she is concerned that the sewer for the restaurant was tapped into the residential sewer in the alley, rather than putting in a larger pipe. Will the capacity be adequate to handle increased volume from the restaurant? City Council Minutes March 25 , 2013 Page 2 1) It's very difficult to pull out onto 29th from Depew Street because of the off-street parking at the corner that causes sight problems . She recommended No Parking spaces on Depew near the corner to prevent this hazard . 2) She would also like to see the City assist people with tree trimming , especially after a storm . PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .L Council Bill No . 03-2013-amending the Cable Television Franchise Agreement between the City of Wheat Ridge , Colorado and Comcast of Colorado IV, LLC , to extend the term of the Franchise Mayor DiTullio opened the public hearing . Councilmember Pond introduced agenda Item 1. Clerk Shaver assigned Ord inance 1534 . The City's franchise agreement with Comcast expires on April 1, 2013 . An extens ion of the franchise agreement to December 31 , 2014 will allow the cities of Denver and Aurora to complete their franchise negotiations with Comcast which would be in the best interest if the City of Wheat Ridge . Management Analyst Nathan Mosley gave a brief staff report . Mayor DiTullio closed the public hearing . Motion by Councilmember Pond to approve Council Bill No . 03 -2013 , an ordinance amending the Cable Television Franchise Agreement between the City of Wheat Ridge , Colorado and Comcast of Colorado IV, LLC , to extend the term of the franchise on second reading , and that it take effect fifteen days after fina l publication ; seconded by Councilmember Stites ; carried 8-0 . Council Bill No . 04 -2013-approving the rezoning of property located at 12390 W . 44t h Ave. from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) (Case No. WZ 12-11/Frisk) Mayor DiTullio opened the public hearing . Councilmember DeMott introduced agenda Item 2. Clerk Shaver assigned Ordinance 1535. Mayor DiTullio swore in the speakers for the hearing . City Council Minutes March 25, 2013 Page 3 Senior Planner Meredith Reichert gave the staff presentation. She entered into the record the case file and the contents of the digital presentation. She also reported that the property had been properly posted . The property is on the south side of 44th Ave . directly opposite Ward Road . It contains a single-family house; the owners have made improvements including a parking lot and handicapped accessibility. The current A -2 zoning is quite restricting . The MU-N zoning would allow more options for use. Height restrictions remain . The MU -N zoning is in line with the Comprehensive Plan . Access easement to the neighboring property to the south will remain in perpetuity. The Mayor asked that the record reflect the applicant was in the audience . Council had no questions or comments. Mayor DiTullio closed the public hearing. Motion by Councilmember DeMott to approve Council Bill No. 04-2013. an ordinance approving the rezoning of property located at 12390 W. 44th Avenue from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) on second reading and that it take effect 15 days after final publication , for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The required rezon ing has been reviewed by the Planning Commission , which has forwa rded its recommendation . 3 . The requested rezoning has been found to comply with the criteria for review in Section 26-112-E of the Code of Laws. The property is currently underutilized, and a zone change will increase the permitted uses of the site. Seconded by Councilmember Langworthy; carried 8-0 ~ Resolution 11-2013 -approving a two-lot subdivision plat with a Right-Of-Way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb St. (Case No. MS-13-01/Hawn) Mayor DiTullio opened the public hearing. Councilmember DeMott introduced agenda Item 3. Mayor DiTullio swore in the speakers for the hearing. City Council Minutes March 25 , 2013 Page4 Meredith Reckert made the staff presentation . She entered into the record the case file, subdivision regulations and the contents of the digital presentation. This 3 .09 acre plot is long and narrow and contains a farm house built in the late 1800's. There are also various farm outbuildings and 2 ditch laterals . Lot 1 would be the western portion of the lot facing Robb Street -the area containing the house and buildings . Lot 2 would be the eastern portion of the lot with access to Robb Street preserved along the southern boundary of new Lot 1. The applicant indicated that all the documents for historical designation for the house are complete and will be submitted subsequent to the subdivision. Mayor DiTullio closed the public hearing . Motion by Councilmember DeMott to approve Resolution No. 11-2013, a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb Street , for the following reasons : 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission , which has forwarded its recommendation. 3 . The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. Seconded by Councilmember Starker; carried 8-0 ORDINANCES ON FIRST READING 4 . Council Bill 07-2013-An Ordinance extending a Temporary Moratorium on the submission , acceptance , processing , and approval of applications for a permit or license for any Marijuana Establishment or Marijuana Club Councilmember Stites introduced agenda Item 4. This ordinance extends the moratorium originally imposed by Emergency Ordinance 1533, on March 11 . That ordinance will expire 90 days after adoption . This new ordinance repeals the emergency ordinance and replaces it with a standard moratorium extending to November 1, 2013. This extension will provide the time necessary to develop appropriate policies . Motion by Councilmember Stites to approve Council Bill No. 07-2013, an ordinance extending a temporary moratorium on the submission , acceptance , processing and approval of any application for a City permit or license to operate City Council Minutes March 25, 2013 Page 5 a marijuana establishment or marijuana club, on first reading and schedule public hearing for April 8, 2013 at 7:00p.m. in City Council chambers; seconded by Councilmember Reinhart; Mr. Dahl clarified that this ordinance does not affect medical marijuana. Motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Mr. Reinhart announced he would recuse himself from Item 5 as he has done work on this project and will continue to do so. He left the Council Chambers. ~ Resolution No. 12-2013 -approving a fourth modification to the 38th Ave. Corridor Redevelopment Plan Councilmember Starker introduced agenda Item 5. Issue: Should Renewal Wheat Ridge (Urban Renewal) enter into a Tax Increment Financing (TIF) agreement with Crosswire Investments for the development of Perrin's Row townhomes at 5760 W. 38th Avenue? Steve Art, WR Economic Develop Coordinator, gave background information on the property at 38th & Depew. This proposed revision to the Corridor Plan will allow for 26 residential units with no commercial use. Urban Renewal would enter into an agreement with Crosswire for the placement of public infrastructure (water, sewer, etc.) or modifications to the buildings for beautification for the public realm. A third party analysis indicates public assistance will be necessary for this project to happen. The Urban Renewal board agreed (vote 5-2) in concept to enter into an agreement with Crosswire. The developer would receive 80% of their taxes back in years 1-7. Urban Renewal will receive 20%. In years 8-20 the developer get 55% and Urban Renewal gets 45%. The units will house an estimated 60 people. Staff believes this will be a catalyst for new development and remove the blight of a vacant lot. Owner Richard Oneslager gave some history on prior projects that never happened and how this project came about. He thinks this project fills a void for new residential units in this part of town and reported that having New Town be the developer has already sparked interest in the area by other builders. There is a very thin financial return. The developer will carry all the risk; the City will have no risk Gene Myers of New Town Builders presented information about his company and why they want to build this project. They will build 1,100-1 ,500 sq ft, 3-story units modeled after their Central Park Rows at Stapleton, and hope to sell them for well below $300,000. City Council Minutes March 25, 2013 Page 6 Public Comment: Jay Peck (Lakewood) represents a group of similar investors who would be interested in TIF's. He asked if Council will be supporting other residential TIFs now. Mayor DiTullio told him this hearing was only about the Perrin's Row project and he would need to speak with staff members about future projects. When asked about standards for TIFs, the Mayor told Mr. Peck this project was a unique recommendation from Urban Renewal. Nancy Snow (Wheat Ridge) objected to the rebate of property taxes . This project has no commercial so it will not generate any sales tax. That is the goal of a TIF. Some years ago the City adopted a mixed use zone for this very property so it could mix residential and commercial uses. Now there is no commercial and no sales tax generated. • She believes there's no doubt these units will end up as rentals. • She stated it's very unfair for the City to take all the property tax that would go to the School District, the County, the water and sewer districts, and the Fire District for 20 years. Any dickering behind the scenes about giving the Fire District their share of tax is fine for them, but not fair to the other entities. • She resents vacant land being labeled as blighted. It's not blighted, it's vacant land . There are law suits all over the state about this . • She pointed out some things in the third-party analysis that reveal that if the owner sold the property he would make money. The third party analysis contains what the owner wants for the property, not a real market value . The third-party report lists two other options for the owner, but there's not much analysis about them. Urban Renewal jumped straight to the option of giving the tax rebate. Michael Snow (Wheat Ridge) is involved in and supports the revitalization of Wheat Ridge. We've had some good progress with new businesses and remodeled storefronts. Business and people are starting to move across Sheridan . He does however think this project is the cart before the horse . He believes it's a mistake to think that building apartments will help the process and bring more people to WR. Rentals are exactly contrary to what we're trying to achieve . This is not the right time for council to help this developer with his profit; instead we should be helping other folks that would come into WR to buy a house with a yard and a place for their kids to play. Tom Slattery (Wheat Ridge) thinks this TIF is a bad precedent. He gave numbers on the fiscal impact this TIF will have on the School District, the County, the Fire District, and the City of WR. Residential construction has the largest impact on the school district, so why take the tax dollars that would go to the school district. There are also numerous county services that rely on tax funding. Even if the Fire Dept ends up receiving its share of taxes, the rest of the entities City Council Minutes March 25, 2013 Page 7 will have to take up the slack. TIF's have always been for commercial projects . Residential provides nothing. He urged the Council to reject this proposal Elizabeth Grant (Wheat Ridge) asked the Council to vote against this. She doesn't think the market is prepared for it. She too believes they will become rentals and doesn't like losing $467 ,000 over 20 years. It's very unfair to rob the schools and other entities of the money they need. She thinks the owner should follow his third option and wait. Brian Hancock, represent a small group of investors . They think this TIF would be a real bargain for them, so they support this revision. Chief Steve Gillespie of the Wheat Ridge Fire District said the Fire Board requests that the Council deny this application if it supports any loss of revenue for them. 1) They need the money to operate and fulfill their mission. 2) Of equal and possibly greater concern is the precedent it sets for residential property. Where does it stop and what are the short and long term ramifications for the Fire district? Kim Calomino (Wheat Ridge 2020) is excited about this project. The future residents will spend money in Wheat Ridge. Rooftops bring retail. This is the generator we've been waiting for. She also testified to the integrity of Gene Myers as a builder; she has known him for a long time. Questions from and comments by Council included the following topics : • Owner occupancy: Gene Myers said that most of his units remain owner- occupied with only 10-15% being purchased by investors. New Town prefers owner-occupied , but they really can 't agree to requiring owner- occupied restrictions. • The true value of the land . • Mr. Oneslager will end up with an 18% internal rate of return . • The project will have a Home Owners' Association with dues for exterior maintenance. • Glad to have such a reputable builder. • Vacant land does not produce income , so the shopping the residents do will generate new revenue . • Vacant land does not require municipal, county or special district services . • Each of the 26 units would have to spend $576 ,000 every year for 20 years for the City to recover what it's giving up in sales tax. • Could the money TIF's take away from the School District be the cause of their shortage of funds? • Should the City be in the business of providing profit for developers? • Would this be setting a precedent for all future residential developers and opening the door for every person who adds on to their house to increase square footage to come to the City to ask for a similar tax break. City Council Minutes March 25, 2013 Page 8 • It's a concern that so many economic projects are coming in involving tax rebates. Motion by Councilmember Starker to adopt Resolution No. 12 -2013. a resolution approving a fourth modification to the 38th Avenue Corridor Redevelopment Plan; seconded by Councilmember Davis; Motion Councilmember Stites to amend the main motion to provide that the Fire Dept shall receive 100% of the revenue they would get without any Tl F; seconded by Councilmember DeMott. Mr. Dahl and Mr. Goff verified that Council can put restrictions like this into the agreement. Motion to amend carried 6-1, with Councilmember Jay voting no . The main motion carried 5-2, with Councilmembers Stites and DeMott voting no. The Mayor called for a short break at 8:53. The meeting resumed at 9 :00 and Councilmember Reinhart returned to the Chambers . 6. Motion to approve award of RFB-13-12 , for purchase of 38th Ave. Banner Poles , to Wesco Distribution, Denver, CO, in the contract amount of $36,580 Councilmember Jay introduced agenda Item 6 . This is a budgeted purchase of 2 pairs of banner poles with cable and pulley systems for each pair. Installation, assembly of the cable and pulley systems , wiring and lighting at not included. Motion by Councilmember Jay to approve the award RFB -13-12, for purchase of 38th Avenue Banner Poles to WESCO Distribution , Denver, CO , in the contract amount of $36,580; seconded by Councilmember Reinhart; carried 6-2 with Councilmembers Stites and DeMott voting no. 7. Motion to approve the annual support and licensing renewal for the Cartegraph System in the amount of $43 ,653 to Cartegraph , Inc. Councilmember Pond introduced agenda Item 7. This renewal includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. The package is inclusive for licensing and technical support services and was approved in the 2013 IT Budget. City Council Minutes March 25, 2013 Page 9 Motion by Councilmember Pond to approve the annual support and licensing renewal for the Cartegraph system to Cartegraph, Inc. in the amount of $43,653; seconded by Councilmember DeMott; carried 8-0. 8. Motion to approve the purchase of the 2013 Vehicle Replacements and Accessory Equipment in an amount not to exceed $167,361 Councilmember Langworthy introduced agenda Item 8. The following vehicles are recommended for purchase as replacements: One (1) 2013 Dodge Durango All Wheel Drive SSV $26,669/ea One (1) Large 2013 Ford F-150 XL, 4x4, Crew Cab Pickup $26,915/ea One (1) Large 2013 Chevrolet 1500 Cargo Van $17,510/ea One (1) Large 2013 Ford F-150, 4x4, Extended Cab Pickup $22,766/ea One (1) Large Chevrolet Silverado 2500, 4x4, Extended Cab Pickup with Plow Package $28,195/ea One (1) 2013 Chevrolet Silverado 3500 4x4 Cab & Chassis with Dump Bed Body Package $31,306/ea Total Cost: $153,361 Motion by Councilmember Langworthy to approve the purchase of the 2013 vehicle replacements and accessory equipment for a total cost of $153,361. She further moved to approve the expenditure of the not-to-exceed amount of $14,000 for the purchase, installation, and/or relocation of auxiliary equipment for the operation of the vehicles along with the installation of markings and communication equipment; Seconded by Councilmember Jay; carried 6-2, with Councilmember Stites and DeMott voting no. CITY MANAGER'S MATTERS Mr. Goff announced a new Civic Academy. This year's focus will be on the results that city departments are working to achieve, how these efforts affect the community, and how residents can become involved. Registration is available on the city website or by contacting Nate Mosley at 303-235-2837 CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS Clerk Shaver informed everyone that longtime resident of Wheat Ridge Ruth Howard passed away about 3 weeks ago in North Carolina. Ruth started the City's youth probation program and ran it for 30-some years. She was buried in North Carolina, but City Council Minutes March 25, 2013 Page 10 a memorial service will be held for her here in Wheat Ridge sometime in April. Folks who knew Ruth can watch for that announcement. ELECTED OFFICIALS' MATTERS Mayor DiTullio announced that he met with John Zambawa of the Senior Resource Center. He would like to be on the May 6 study session to discuss 1) continued future funding of the senior circulator bus , and 2) waiving the permit and use tax fees for the second phase of enhancements to their building which will amount to about $20,000 . Bud Starker thanked the 50 citizens who came to the District 1 meeting. There will be having another one in June. Mike Stites offered condolences to the family of George Putnik who passed away this week . George was on the WR Fire Board and the Sewer Commission and will be missed. Mike 's positive thing : He noticed people helping each other with the snow this past weekend. Kristi Davis announced the District 1 and 2 Town Hall meeting that will be Monday , April 29th from 6 :00-7:30 in the City Council Chambers . Reminder postcards will be going out with the agenda , and it's also posted on the City webs ite. Tracy Langworthy had attended the Industry Appreciation Awards hosted by the Jefferson Econom ic Council. Two WR businesses were honored : Able Planet and Rocky Mountain Bottling Corporation . Councilmember Pond reminded everyone of the last Food/Film event this Wednesday at the Active Adult Center. The pot luck is at 6 :30 , with a film "Urban Roots " to follow. Councilmember Jay wished all a Happy Easter. Councilmember DeMott wished all a happy and peaceful Easter. He welcomed a new business to Wheat R idge-Tommy 's Slalom Shop in the 441h Industrial Park across from Mount Olivet Cemetery . The grand opening w ill be Friday and Saturday, April 5-6 starting at 10 :30 AM . It will feature live mus ic , food , drink, entertainment , and a wave pool. Councilmember Reinhart commented on the Dist 1 meeting he and Councilman Starker had saying there were lots of opinions, but not a real positive discussion . Motion by Councilmember Stites to go into executive session under Charter Section 5 .7(b)(1) and Section 24-72-402(4)(b), C .R.S., specifically for a conference with the City Attorney and appropriate staff for legal advice on the regulation of massage parlors and massage therapists . He further moved to adjourn the open meeting at the conclusion of the executive session ; seconded by Mr. Starker; carried 8-0 . City Council Minutes March 25, 2013 Page 11 The regular Council Meeting adjourned at 9 :17pm EXECUTIVE SESSION Legal advice on regulation of massage parlors and massage therapists APPROVED BY CITY COUNCIL ON April 8, 2013 BY A VOTE OF __ to __ Davis Reinhart, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e . they contain a record of what was done at the meeting , not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office , as well as copies of Ordinances and Resolutions . ~~J.~ ... ~ ., City of • JP"WheatRl__dge ITEM NO: _, '- DATE: April 8, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2013 -A RESOLUTION APPROVING A FIFTY-THREE LOT SUBDIVISION PLAT WITH RIGHT-OF- WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 11885 W. 38™ AVENUE (CASE NO. WS-12-01/DOUD OVERLOOK) ~ PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS ISSUE: D ORDINANCES FOR 1 STREADING 0 ORDINANCES FOR 2N° READING ~ YES The applicant is requesting approval of a fifty-three lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38th Avenue. The purpose of the subdivision is to prepare the property for development of a new residential subdivision. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 21 ,2013 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing have been attached. FINANCIAL IMPACT: Fees in the amount of $6300 were collected for the review and processing of Case No. WS-12-01. Case No. WS-12 -01/Dou d Overlook Council Action Form April 8, 2013 Page 2 BACKGROUND: The property contains an existing single family residence with associated out-buildings and grazing land. The existing house was built in 1946 and will ultimately be removed as part of the site development. The property is bounded by W. 38th Avenue on the south, and the Clear Creek greenbelt open space on the north. The property slopes from southwest to northeast and is 15.054 acres in size. There is an existing sanitary sewer line with a 30-foot easement which traverses the northern portion of the property. The Lee-Stewart and Eskins ditches cross the property from the south side of 38 1h Avenue by a diversion gate and continue north across the property to the bluff. Property ownership stops at the bluff on the north end just behind the existing home. It does not extend down the slope towards Clear Creek. The slope property was conveyed to Coors in the late 1960's and in 2000 became part of the Clear Creek greenbelt. The property was rezoned from A-2 and R-1 to PRD with an Outline Development Plan (ODP) pursuant to Case No. WZ-07-06. The ODP, which contains five sheets , sets the allowed uses and development standards for the property. It also contains a conceptual layout of the property, typical architectural elevations and a landscape plan. (Exhibit 5 of Planning Commission staff report) The following is a general description of the approved Doud Overlook ODP. The recorded ODP shows a total of 53 residential lots with a net density (excluding street rights-of-way) of 4.5 units per acre. The conceptual lot layout showed lots in the middle of the subdivision smaller in si z e with lots around the perimeter being larger to more closely reflect adjacent R-1 zoning on the west and R -1 A zoning on the east. Design standards in the approved ODP include setbacks generally 20' on the front , 15' -20' on the rear and 7.5'-10 ' side setbacks . Architectural features include staggered front yard setbacks and structure elevations with at least 64% stone, brick or stucco on the front facade , with a four-foot high wainscoting of the same material on the side and rear first floor elevations. The side elevations for comer lots must meet the front elevation requirements . Identical house models may not be located on adjacent lots or directly across the street. Accessory structures and boat and RV parking are not pennitted in the development. Interior fencing follows the regular fencing standards in Chapter 26. The perimeter fence is upgraded in design to 6 ' high solid vinyl fencing with masonry pillars interspersed. The fence along W. 38th Avenue will be solid masonry with decorative columns. Surrounding zoning and land use The subject property is surrounded to the south, east and west by single family residential neighborhoods. Adjacent zoning includes R-IA to the east and south, and R -1 and A-2 to the west. (Exhibit 3 of Planning Commission staff report) The property to the north is part of the Clear Creek greenbelt and open space area. The southern portion of the greenbelt adjacent to the subject property is designated as a conservation area in the I I Council Action Form April 8, 2013 Page 3 City's Open Space Management Plan. North of the creek is a hard surfaced trail and south of the creek is a soft surfaced trail , both of which are heavily used. The Risdon Ditch is located in the open space area to the northeast of the subject site. PROPOSED PLAT The proposed plat document is comprised of three sheets. xhibit 6 of Planning Commission ~taff re ort) Sheet 1 is the declaration page and contains the legal description, required signature blocks for recording and notes. The notes, among other things, contain the city's standards language regarding easements and detention pond maintenance. There are also notes pertaining to Tracts A, B, C, D and E. Tracts B-E are common elements in the subdivision which will be maintained by the Homeowners' Association (HOA). Tract A was created for the conveyance of the right-of-way for 381h Avenue to the City. The location of these tracts can be viewed on Sheet 2 of the plat document. Sheet 2 contains the layout ofthe subdivision. The development will access W. 38th Avenue via a single roadway. Internal circulation includes a looped road with three short cuJ-de-sacs extending from it on the west side. All roads will be dedicated as public right-of-way. The plat shows 53 Jots which vary in size from a minimum of 6920 square feet in the interior of the development to just over 16,000 square feet. The larger parcels are located around the perimeter for consistency with the lot sizes in the adjacent subdivisions. Lots running along the eastern perimeter are an average of 9600 square feet in size to be similar in size with McLaughlin's Subdivision which is zoned R-IA. Likewise, lots along the western perimeter average 13,000 square feet in size to more closely match lot sizes to the west zoned R-1. A 30' wide sanitary sewer easement traverses the northern portion of the property. The line will be relocated to run in West 39th Place, so a portion of the existing easement must be vacated by separate instrument. Easements for this sewer line are still required at the eastern and western sides of the subdivision and have been provided. A 1 0 ' wide Public Service (Xcel Energy) easement running from 38th A venue north to 39th Place will be vacated by separate document. Sheet 3 of the plat document is intended to represent buildable envelopes for the proposed subdivision and also as an addressing plan. Addresses need to be added to this sheet prior to plat recordation. Street design West 38th Avenue running along the southern property line is designated as a minor arterial and is planned to have 82' of right-of-way. The street improvements will include vertical curb and gutter, an accel/decellane on the north side with bike lanes and a 6 ' wide separated sidewalk on both sides with a landscaped street lawn. A right-of-way dedication in the amount of 12' on the north side of 38th A venue will be required to encompass all of these improvements. The entry into the subdivision will have 60' of right of way with tree lawn and separated sidewalks on both sides. A landscaped median island will be included in th e center of the Council Action Form April 8, 2013 Page4 entrance. The interior streets in the subdivision will have 50' of r-o-w with mountable curb and a 4' wide sidewalk on one side (exterior side). Tree lawns will be provided on both sides. The HOA will be responsible for maintenance of Tracts Band C (landscape buffers along the north side of381h transitioning to the subdivision entrance at Tabor Court) and the landscaping in the entrance median island. Additional maintenance responsibilities by the HOA will be the landscaped median in the subdivision entrance, Tract D (surface improvements of the detention pond) and Tract E (emergency entrance from 38th Avenue between Lots 3 and 4). Staff will require review of the HOA covenants prior to plat recordation. Storm drainage design The subdivision storm sewer system has been designed to provide collection and conveyance of storm flows for both off-site existing conditions and on-site developed conditions. There is currently a substantial amount of off-site storm drainage flows generated from the neighborhoods to the west and south which must be accommodated and conveyed across the property to Clear Creek. The storm water currently moves across the site to the north and sheet flows down the face of the bluff. With development ofthe property and improvements made in 38th Avenue, these off-site flows will be captured by inlets at a low point at the Tabor Court intersection and then travel towards the proposed detention pond at the very northeast corner of the development. All site generated drainage will be collected by various inlets throughout the subdivision to storm sewers in the street right-of-way and conveyed to the same detention pond at the northeast corner. From the pond, the stormwater enters a manhole and pipe bored into the slope and is released in the Clear Creek greenbelt open space. The City has requested the developer upsize the pipe to accommodate future regional flows , the cost of which will be financially subsidized by the City. Because the storm sewer system conveys regional drainage flows , the vertical pipe and improvements in the Clear Creek open space area will be maintained by the City. A temporary construction easement is being pursued by the applicant with the City's assistance through Jefferson County Open Space. Protected species One of the factors for consideration with development of this property is the presence of the Ute Ladies' Tresses Orchid in the city-owned open space north of the property. The orchid is a rare, federally threatened species that has been identified in this area since 1981. A study conducted in 2010 through the Colorado Natural Heritage Program revealed several populations of the orchid along the south side ofthe Clear Creek trail including some down the below bluff from the proposed development. A more recent study conducted by the developer in 2 01 2 showed no evidence of the orchid below the property. There may be several factors which impacted the most recent study including the drought last summer and the small window of time during which the orchid blooms. Care must be Council Action Form April 8, 2013 Page 5 taken that the proposed improvements needed to accommodate the site drainage, not further threaten the orchid population. Additional monitoring of the orchid should occur. Parkland Dedication When the City receives a request for residential subdivision, the City has the ability to review the submittal for parkland dedication to accommodate the new residential population. The land area to be dedicated is typically not large enough to accommodate a public park ; therefore, fees in lieu of dedication can be required instead. The amount of money owed is based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, the cost of which will be borne by the applicant. The Parks and Recreation Commission have recommended that fees in lieu of land dedication be collected. This will occur at the time of the first building permit. Sanitary sewer service The property is currently not located in a sanitary sewer district. The developer has .retitioned to Westridge Sanitation for inclusion into the district. A sanitary sewer upgrade in 38 Avenue will be needed to accommodate the development, the cost of which will be shared between the developer and the sanitation district. Construction obligation negotiations between the sewer district and developer continue. The sewer district has been working with the City to finalize the sewer line construction in 38th Avenue. The application has been through the standard referral process. The applicant continues working with outside agencies to resolve service issues. RECOMMENDED MOTION: "I move to approve Resolution No. 13-2013, a resolution approving a fifty-three lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRD) located at 11885 W . 38th Avenue , for the following reasons: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-1 09 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 ofthe Code of Laws. With the following conditions: 1. Property addresses be added to Sheet 3 of the plat document prior to recordation 2. The HOA covenants be provided for staff review prior to plat recordation 3. The developer continue working with Jefferson County Open Space and the City regarding protection of the Ute Ladies' Tresses orchid populations and procurement of the temporary and permanent easements in the open space area 4 . Prior to plat recording, adequate assurance must be in place with Westridge Sanitation District on their ability to serve the property Council Action Form April 8, 2013 Page 6 Or, 5. The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fees to be paid prior to recordation of the subdivision plat 6. The developer enter into a City standard subdivision improvement agreement with required security prior to recordation of the subdivision plat." "I move to deny Resolution No. 13-2013 , a resolution approving a fifty-three lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38th Avenue, for the following reasons: 1. 2. 3. and, direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREP AREDIREVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 13-2013 2 . Planning Commission staff report with exhibits 3. Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 13 Series 2013 TITLE: A RESOLUTION APPROVING A FIFTY-THREE LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WS- 12-01/DOUD OVERLOOK) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Kent Carlson to subdivide property located at 11885 W. 38th Avenue in a PRO zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for an April 8, 2013 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows A FIFTY-THREE-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WS-12-01/DOUD OVERLOOK) FOR THE FOLLOWING REASONS: 1 . City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. DONE AND RESOLVED by the City Council this 8th day of April, 2013. By: ______________________ __ Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 1 ~~~4' .... # ., City of • .. ~Wheat~dge ~OMMUNilY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE NO. & NAME: DATE OF MEETING: ACTION REQUESTED: LOCATION OF REQUEST: OWNER(S): APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: (X) ZONING ORDINANCE SITE Planning Commission WS-12-01/Doud Overlook CASE MANAGER: M. Reckert WZ-12-0 1/Doud Overlook February 21,2013 A request for approval of a 53 lot subdivision plat on property zoned Planned Residential Development (PRD) 11885 W. 38th Avenue Doug and Chris Jenks 15.054 acres PRD, Planned Residential Development Neighborhood (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 53 lot major subdivision on property zoned Planned Residential Development located at 11885 W. 38th Avenue. (Exhibit 1, Letter of Request) Because this is a major subdivision, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. A neighborhood meeting is not required prior to the submission of an application for subdivision approval. II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The property contains an existing single family residence with associated out-buildings and grazing land . The existing house was built in 1946 and will ultimately be removed as part of the site development. The property is bounded by W. 38th Avenue on the south, and the Clear Creek greenbelt open space on the north. The property slopes from southwest to northeast and is 15.054 acres in size. There is an existing sanitary sewer line with a 30' easement which traverses the northern portion of the property. The Lee-Stewart and Eskins ditches cross the property from the south side of 38th Avenue by a diversion gate and continue north across the property to the bluff. Property ownership stops at the bluff on the north end just behind the existing home. It does not extend down the slope towards Clear Creek. The slope property was conveyed to Coors in the late 1960's and in 2000 became part of the Clear Creek greenbelt. (Exhibit 2, Aerial Photo) Surrounding zoning and land use The subject property is surrounded to the south, east and west by single family residential neighborhoods. Adjacent zoning includes R-lA to the east and south, and R-1 and A-2 to the west. (Exhibit 3, Zoning Map) The property to the north is part of the Clear Creek greenbelt and open space area. The southern portion of the greenbelt adjacent to the subject property is designated as a conservation area in the City's Open Space Management Plan. North of the creek is a hard surfaced trail and south of the creek is a soft surfaced trail , both of which are heavily used. The Risdon Ditch is located in the open space area to the northeast of the subject site. Several reservoirs are located within the Clear Creek open space corridor, most of which were once gravel pits and are now used for water storage by Coors. Bass Lake (the closest to the property) is part of the conservation area and features a recently completed Watchable Wildlife Boardwalk on the southern side of the lake. An endangered plant species, the Ute Ladies'-Tresses Orchid, has been identified growing in this general area and cannot be negatively impacted by the proposed development activity. (Exhibit 4, Site Photo~ Planning Commi ssion W S-12-0 1/Doud O verlook 2 Approved Outline Development Plan The property was rezoned from A-2 and R-1 to PRD with an Outline Development Plan (ODP) pursuant to Case No. WZ-07-06. The ODP, which contains five sheets, sets the allowed uses and development standards for the property. It also contains a conceptual layout of the property, typical architectural elevations and a landscape plan. (Exhibit 5, Approved ODP document) The following is a general description of the approved Doud Overlook ODP. The recorded ODP shows a total of 53 residential lots with a net density (excluding street rights-of-way) of 4.5 units per acre. The conceptual lot layout showed lots in the middle of the subdivision smaller in size with lots around the perimeter being larger to more closely reflect adjacent R-1 zoning on the west and R-1 A zoning on the east. Design standards in the approved ODP include setbacks generally 20' on the front, 15'-20' on the rear and 7.5 '-1 0' side setbacks. Architectural features include staggered front yard setbacks and structure elevations with at least 64% stone, brick or stucco on the front facade, with a four-foot high wainscoting of the same material on the side and rear first floor elevations. The side elevations for comer lots must meet the front elevation requirements. Identical house models may not be located on adjacent lots or across the street. Accessory structures and boat and RV parking are not permitted in the development. Interior fencing follows the regular fencing standards in Chapter 26. The perimeter fence is upgraded in design to 6' high solid vinyl fencing with masonry pillars interspersed. The fence along W. 381h Avenue will be solid masonry with decorative columns. III. PLAT DESIGN The proposed plat document is comprised of three sheets. (fixhibit 6, Plat Document) Sheet 1 is the declaration page and contains the legal description, required signature blocks for recording and notes. The notes, among other things, contain the city's standards language regarding easements and detention pond maintenance. There are also notes pertaining to Tracts A, B, C, D and E. Tracts B -E are common elements in the subdivision which will be maintained by the Homeowners' Association (HOA). Tract A was created for the conveyance of the right-of-way for 38th Avenue to the City. The location of these tracts can be viewed on Sheet 2 of the plat document. Sheet 2 contains the layout ofthe subdivision. The development will access W. 38th Avenue via a single roadway. Internal circulation includes a looped road with three short cui-de-sacs extending from it on the west side. All roads will be dedicated as public-right-of-way. The plat shows 53 lots which vary in size from a minimum of6920 square feet in the interior ofthe development to just over 16,000 square feet. The larger parcels are located around the perimeter for consistency with the lot sizes in the adjacent subdivisions. Lots running along the eastern perimeter are an average of9600 square feet in size to be close in size with McLaughlin's Subdivision which is zoned R-IA. Likewise, lots along the western perimeter average 13,000 square feet in size to more closely match lot sizes to the west zoned R-1. A 30' wide sanitary sewer easement traverses the northern portion of the property. The line will be relocated to run in West 39th Place, so a portion of the existing easement must be vacated by separate instrument. Easements for this sewer line are still required at the eastern and western sides of the Planning Commission WS-12-0 1/Doud Overlook 3 subdivision and have been provided . A 1 0' wide Public Service (Xcel Energy) easement running from 38th A venue north to 39th Place will be vacated by separate document. Sheet 3 of the plat document is intended to represent buildable envelopes for the proposed subdivision and also as an addressing plan. Addresses need to be added to this sheet prior to plat recordation. Street design West 38th Avenue running along the southern property line is designated as a minor arterial and is planned to have 82' of right-of-way. The street improvements will include vertical curb and gutter, an accel/decellane on the north side with bike lanes and a 6' wide separated sidewalk on both sides with a landscaped street lawn. A right-of-way dedication in the amount of 12 ' on the north side of 38th A venue will be required to encompass all of these improvements. The entry into the subdivision will have 60' of right of way with tree lawn and separated sidewalks on both sides. A landscaped median island will be included in the center of the entrance. The interior streets in the subdivision will have 50' of r-o-w with mountable curb and a 4 ' wide sidewalk on one side (exterior side). Tree lawns will be provided on both sides. The HOA will be responsible for maintenance of Tracts Band C (landscape buffers along the north side of 38t h transitioning to the subdivision entrance at Tabor Court) and the landscaping in the entrance median island. Additional maintenance responsibilities by the HOA will be the landscaped median in the subdivision entrance, Tract D (surface improvements of the detention pond) and Tract E (emergency entrance from 38th Avenue between Lots 3 and 4). Staff will require review ofthe HOA covenants prior to plat recordation. Storm drainage design The subdivision storm sewer system has been designed to provide collection and conveyance of storm flows for both off-site existing conditions and on-site developed conditions. There is currently a substantial amount of off-site storm drainage flows generated from the neighborhoods to the west and south which must be accommodated and conveyed across the property to Clear Creek. The storm water currently moves across the site to the north and sheet flows down the face of the bluff. With development of the property and improvements made in 38 1h Avenue, these off-site flows will be captured by inlets at a low point at the Tabor Court intersection and then travel towards the proposed detention pond at the very northeast corner of the development. All site generated drainage will b e collected by various inlets throughout the subdivision to storm sewers in the street right-of-way and conveyed to the same detention pond at the northeast corner. From the pond, the stormwater enters a manhole and pipe bored into the slope and is released in the Clear Creek greenbelt open space. The City has requested the developer upsi z e the pipe to accommodate future regional flows , the cost of which will be financially subsidized by the City. Because the storm sewer system conveys regional drainage flows , the vertical pipe and improvements in the Clear Creek open space area will be maintained by the City. A temporary construction easement is being pursued by the applicant with the City's assistance through Jefferson County Open Space. Sanitary sewer service The property is curre ntly not located in a sanitary sewer di strict. T he developer has ~etition ed to Westridge Sanitation for inclusion into the district. A sanitary sewer upgrade in 38t Avenue will be needed to accommodate the development, the co st of which will be shared between the developer and the sanitation district. Construction obli gation negotiations between the se wer di strict and developer Planning Commis io n W S-12-0 1/Doud O verl ook 4 continue. The sewer district has been working with the City to finalize the sewer line construction in 38th Avenue. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water: Can serve the property with needed improvements. A water main extension will be required. Westridge Sanitation District: The sanitation district main line in 38th A venue does not currently have adequate capacity to serve the subdivision. The district has been working with the City and the developer to resolve this issue. Wheat Ridge Police Department: Can serve. Wheat Ridge Fire Protection District: Is requiring a secondary access from 38 1h Avenue which is being provided by Tract E. All street widths and corner turn radii have been approved. Installation of fire hydrants will be required. Wheat Ridge Public Works: The Public Works Department has reviewed a final storm drainage report and has asked for minor corrections in the area outletting into the greenbelt. The original traffic study was reviewed and it was determined that 38 1h Avenue has adequate capacity to serve the subdivision with required improvements. Wheat Ridge Parks and Recreation Department: Fees in lieu of land dedication will be required for parkland needs. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be detennined by a certified appraiser, the cost of which will be born by the applicant at the time of subdivision platting. The fees will be required prior to issuance of building permits for home construction on the property. VI. STAFF CONCLUSION Staff concludes that the proposed plat is consistent with the design concepts demonstrated on the Doud Overlook ODP document. Staff further concludes that all requirements of Article IV of zoning and development code have been met. For these reasons, a recommendation of Approval is given for Case No. WS-12-01 with conditions itemized in the Option A recommended motion. Vll. RECOMMENDED MOTIONS OPTION A: "I move to recommend APPROVAL of Case No. WS-12-01, a request for approval of a fifty-three lot major subdivision plat for property located at 11885 W. 38th Avenue, for the following reasons: 1. The proposed plat is consistent with the design concept approved in the Doud Overlook zone change and ODP approval. Planning Commission WS-12-01/Doud Overlook 5 2. All requirements of the subdivision regulations have been met. 3. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: 1. Property addresses be added to Sheet 3 of the plat document prior to recordation. 2. The HOA covenants be provided for staff review prior to plat recordation. 3. The developer continue working with Jefferson County Open Space and the City regarding protection of the Ute Ladies' Tresses orchid populations and procurement ofthe temporary and permanent easements in the open space area. 4. Prior to plat recording, adequate assurance must be in place with Westridge Sanitation District on their ability to serve the property. 5. The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fees to be paid prior to recordation ofthe subdivision plat. 6. The developer enter into a City standard subdivision improvement agreement with required security prior to recordation of the subdivision plat." OPTIONB: "I move to recommend DENIAL of Case No . WS-12-01 , a request for approval of a fifty-three lot major subdivision Plat for property located at 11885 W. 38th Avenue, for the following reasons: 1. 2. 3." Planning Commi ssion WS-12-0 1/Doud O verlook 6 EXHIBIT 1 · APPLICANT LETTER Doud Overlook City of Wheat Ridge SUBDIVISION: MAJOR I FINAL PLAT PROJECT DESCRIPTION • Vicinity : The north side of West 38,. Avenue generally located between imms Coun and Union Coun • Total Area : +/-15 Acres • Existing Zoning : Approved Doud Overlook Planned Residential Development. Outline Development Plan. An official development plan in the City of Wheat Ridge , Recorded on February 23 , 2009. • Proposed Development : 53 lots for single family detached homes INTENT The intent is to obtain approvals for the development of single family detached homes in accordance with the approved Outline Development Plan for the Doud Overlook . As approved by the City of Wheat Ridge, the proposed single fa mil) development will complement the community with homes that are similar in size and character to the surroundmg area. The proposed final plat and supporting documents are intended to follow the approved plans as closely as possible. The only changes would be as required to meet specific engineering criteria. Refinements to the approved design will be coordinated with the ity. The site is intended to be developed and homes built by companies with extensive experience in the home building industry. The specific developerlbuilder(s) have not been finalized as of the date of the pre-application submittal. TI1e developer/builder team will be brought into the design and review process of the final plat to help assure the final design details, architectural elevations, and the overall character of the developed site follows the approved plans and the specific marketing requirements of the developers . The owner's team will bring the developer/builder team to the City as early in the process as possible. APPLICANT Kent Carlson Doud Overlook Holdings. LLC 12460 First t . PO Box 247 Eastlake, CO. 80614 (303) 457-2966 K~nt a,'-'rl"'-"'n'-"r-'-la-"1'.....,"-!.!!"'-".w!' PROJECT REPRESENTATIVE ENGINEE R: CIVIL ENGINEER AND SURVEYOR Carroll & Lange -Manhard Russ Burrows 7442 outh Tucson Way, Suite 190-A Centennial, CO 80112 (303) 53 1-3213 d>urr_o_w '71 lm nl)ard.-£2ID Planning Commission WS-12-01/Doud Overlook 7 EXHIBIT 2: AERIAL PHOTO Planning Commission WS-12-01/Doud Overlook 8 03889 038!10 03853 03834 03837 t> z Q 03818 03837 03818 03821 03802 03805 Planning Commission WS-12-0 1/Doud Overlook EXHIBIT 3: ZONING MAP 11920 9 EXHIBIT 4: SITE PHOTOS View north from 38th Avenue at entrance drive Planning Commission W S-12-0 1/Doud Overlook View of subdivision to the west 10 Planning Commission WS -12-0 1/Doud Overlook View of subdivision to the east 11 View northeast towards future detention pond area Planning Commission W S-12-0 1/Doud Ove rl ook View north into open space 12 View northwest into open space/pond area Planning Commission W S-12 -0 1/Doud Overlook View south towards 38 1h Avenue 13 View south on drive towards 381h A venue Planni ng Commissio n W S-12 -0 1/Doud Overlook 14 Planning Commission WS -12-01/Doud Overlook View west on 38th Avenue View east on 38th A venue 15 ... ~A <I .... ~ City of ?\VheatRi_dge PLANNING COMMISSION Minutes of Meeting February 21, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair TIMMS at 7:02p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: StaffMembers Present: 3. PLEDGE OF ALLEGIANCE Amanda Weaver Anne Brinkman Dick Matthews Monica Duran Scott Ohm Steve Timms Tracy Guildner Alan Bucknam Meredith Reckert, Senior Planner Mark Westberg, Project Supervisor Kim Waggoner, Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner GUILDNER to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES -February 7, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to approve the minutes of February 7, 2012, as written. Motion carried 7- 0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes February 2 1,2013 -1 - Attachment 3 7. PUBLIC HEARING A. Case No. MS-12-03: An application filed by Thomas R. Hawn for approval of a 2-lot minor subdivision on property zoned Agricultural-One (A-1) and located at 4900 Robb Street. This case was presented by Meredith Reckert. Ms. Reckert introduced Mark Westberg who was present to help answer questions. Ms. Reckert then provided a brief explanation on subdivision plats and the review process. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report and digital presentation. Staff recommends approval of the 2-lot minor subdivision. Commissioner BRINKMAN asked what the allowable uses are for A-1 zoning. Ms. Reckert replied single family residential, general farming, urban gardens and a variety of special uses such as public horse stables and fish hatcheries. Commissioner BRINKMAN asked why the ditch company wasn't one of the referral agencies given the presence of a ditch on the property. Ms. Reckert stated typically that isn't done unless some development was proposed. No development was proposed. Commissioner BRINKMAN asked about the position of the rear lot line in relation to the ditch. Ms. Reckert said the ditch is being accommodated as is and the lot line is placed where it is because the common line that runs north and sound is an acre. Commissioner MA TIHEWS asked what triggers street improvements. Ms. Reckert stated it depends on the nature of the request. With a plat, street width is reviewed and if new construction is proposed, the City may require installation of curb, gutter and sidewalk. Commissioner WEAVER asked if the app li cant would keep the A-1 zoning for both lots or if the vacant parcel would become a commercial property. Ms. Reckert stated the A-1 zoning would not change and development on the rear lot would be difficult due to the ditch and there is a substantial grade change ( 40 feet) which would require fill. This is also a settlement of an estate. Discussion continued regarding the typical treatment of ditches. Commissioner TfMMS asked if the proposed subdivision will make the existing house or the accessory structures non-conforming. Ms. Reckert stated no. Tom Hawn 4900 Robb St., Wheat Ridge, CO The applicant stated the reason for the application is to settle an estate and he would like to preserve the house and avoid it being tom down and developed as commercial Planning Conunission Minutes Febtllary21, 2013 -2 - property. By putting it on one acre it will be less attractive to developers. A historical designation may help too. The applicant was unsure if the property would remain in the family or be sold. There are no plans for development on the back property. It will remain a community garden, horse stable, or an agricultural use. Commissioner WEAVER asked if the applicant had considered creating a conservation easement for the property. The applicant replied no. Chair TIMMS closed the public hearing as no one wanted to speak on this case. It was moved by Commissioner GUILDNER and seconded by Commissioner OHM to recommend approval of Case No. MS-12-03, a request for approval of a 2-lot minor subdivision on property zoned Agricultural-One (A-1) and located at 4900 Robb Street for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. The plat is consistent with the A-1 zone district development standards. Motion carried 7-0. Ms. Reckert stated that this case will go to City Council on March 25. B. Case No. WS-12-01: An application filed by Kent Carlson for approval of a 53 -lot major subdivision with dedications for property zoned Planned Residential Development (PRD) and located at 11885 W. 38th Avenue. This case was presented by Meredith Reckert. Ms. Reckert entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report and digital presentation. Staff recommends approval of the 53-lot major subdivision with dedications. Ms. Reckert pointed out a correction to bullet number five on the recommended motions on page 6 of the staff report. The bullet should read , ''The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fees to be paid prior to the first building permit issuance." Commissioner WEAVER asked why there is no proposed access to the greenbelt. Ms. Reckert outlined several reasons including a 60 foot change in grade which would make construction of an access very difficult. Additionally there are wetlands and a threatened plant species in the area which require protection. Commissioner WEAVER asked about the location of any additional access points . Ms. Reckert replied there is social trail access behind Kullerstrand Elementary. This case was referred to the Parks and Recreation Commission who recommended fees in lieu of land dedication in the subdivision or off-site trail improvements. Planning Commission Minutes February 2 1,20 13 -3 - Commission MATTHEWS asked if the design criteria for detached sidewalks and street profiles will remain in effect. Ms. Reckert replied yes. Commissioner BRINKMAN asked about the storm drain design for the project. Mr. Westberg replied the stormwater is mostly piped; there is a pipe that is under Tabor Ct. that goes from those inlets to the detention pond. The rational for the bore is that we don't want to disturb the slope, which is another reason for not installing a trail to the greenbelt Discussion ensued regarding sanitary sewer service to the property. Ms. Reckert indicated that the applicant has petitioned for inclusion to the Westridge Sanitation District but the details for construction are still being worked out. Commissioner BRINKMAN asked what staff will look for in the HOA covenants. Ms. Reckert replied that staff is mostly concerned with adequate maintenance for the common elements. Commissioner DURAN asked what kind of privacy fencing will be between the existing subdivisions on either side. Ms. Reckert replied that the approved ODP plan called for a 6' high vinyl or plastic fence with brick columns interspersed. Chair TIMMS asked whether staff would review the landscaping for the tracts. Ms. Reckert indicated that staff will review the plans subsequent to plat approval and prior to installation of public improvements. This would include the emergency access located in Tract E. It is anticipated that that it will be 20 feet wide, asphalt or concrete and fenced. Discussion continued regarding irregularly shaped lots and location of the front property lines. Ms. Reckert replied the front lot line is determined by the public street from where access IS gam. Kent Carlson, 12460 ]51 Street, Eastlake, CO 80614 Mr. Carlson stated the team in attendance includes Russ Burrows, Civil Engineer with Carroll & Lange-Manhard and Craig Campbell with Standard Pacific Homes. The current property owners, Doug and Chris Jenks, are in attendance as well. Mr. Carlson indicated that he is familiar with the history of the zone change and negotiations with the neighborhood and is trying to honor that plan. There are minor changes proposed due to emergency access, street alignment and pond configuration. Mr. Carlson acknowledged that the current sanitary sewer line in 381h Avenue does not have capacity to serve the development and that they are continuing to work with Westridge Sanitation on inclusion and line upgrades. CHAIR TIMMS opened the public hearing. Barry Knott, 3911 Simms Ct. Mr. Knott asked if there was proposed fencing between the greenbelt and the lots on the north end of the subdivision and in the detention pond. He expressed concern about safety and easy access to these areas by children. Planning Commission Minutes February 21 , 2013 -4 - Steve Labriola, 11920 W. 38th Ave. Mr. Labriola emphasized to the Commission that this needs to be a quality development consistent with the existing neighborhoods to the east, west and south. He would like to see trail access to the greenbelt or a pocket park incorporated into the subdivision. Ian Yewer, 11654 W. 40th Circle Mr. Yewer lives close to the detention area and had questions about fencing in this area. He expressed concern about existing dead trees located on the ridge line. Steve Trefz, 11662 W. 39th Circle Mr. Trefz lives in the subdivision to the east and expressed concern regarding impacts to their views of the mountains. He would like to see the lots on the east side of the proposed development off-set from property lines to the east. He is concerned that the detention pond may attract mosquito populations and finally, if no access is provided to the greenbelt it could result in more use of the access in their subdivision. Tony DiPaolo, 11663 W. 39th Circle Mr. DiPaolo lives in McLaughlin's Applewood Subdivision which is the subdivision to the east. He indicated that during the zone change process in 2008, the developer worked primarily with the residents on the west side, not the east. He was not sure that residents in McLaughlin's were adequately represented in negotiations. Kenneth Asbury, 3882 Union Ct. Mr. Asbury lives in the subdivision to the west and indicated that the McLaughlin's HOA president was present during the discussions with the developer. He wondered if both single and two story homes could be built in this development. He would like the perimeter fence in place prior to construction activity on the property. Elisha Noy, 11880 W. 38th Avenue Mr. Noy inquired about the type of homes being built and whether they would all be single family. He also wondered about the height, square footage and architectural materials for the homes. Commissioner DURAN asked if there was access to the greenbelt from the other housing development to the west Ms. Reckert stated that there was not. Commissioner BRINKMAN asked about the proposed detention pond. Mr. Westberg stated there is a drainage swale along the east property line of the proposed subdivision that will convey all the water from the east down towards the pond. Commissioner BRINKMAN inquired about the alignment of the lots and whether there was any discussion with staff regarding the alignment. Ms. Reckert stated that this was not one of the specifications on the approved ODP. Planning Commission Minutes February 21,2013 -5 - Commissioner BRINKMAN asked if the city can stipulate when the perimeter fence can be required to be built. Ms. Reckert stated it depends on how much disruption there will be to the fence during construction. Commissioner BRINKMAN inquired about emergency access and how it will look. Ms. Reckert replied that these are typically 20 feet in width and hard surfaced with either concrete or asphalt and gated. Commissioner GUILDNER asked how many access points are there were on 38th Avenue to the greenbelt. Ms. Reckert stated one in the subdivision to the east and a social trail behind Kullerstrand Elementary. There are also trailheads at Miller Street and Y oungfield. Access is also available from Prospect Park. Commissioner WEAVER stated that there are issues related to lack of accesses to the greenbelt and that it needs to be addressed. Mr. Westberg stated that it would be best addressed by someone on the Open Space Management Team. The Parks Department prefers trailheads that are designated with good access points. These questions could be best answered by the City Parks Department but perhaps the fees in lieu of parkland dedication for this subdivision could be used to assist in this area. Discussion continued regarding access to the greenbelt and whether it is appropriate at this location. Ms. Reckert stated this particular area is designated as conservation area and that there are different areas within the greenbelt for active recreation. They are also federally mandated protections of the Ute Ladies' Tresses Orchid and wetlands. Chair TIMMS asked whether the Comprehensive Plan designation for the property is single family detached residential. Ms. Reckert stated that is correct. Chair TIMMS asked if there was a maximum height and minimum square footage requirement. Ms. Reckert stated the height maximum is 35 feet which is consistent with the neighborhoods to the east, west & south. There are no specifications on minimum building size but architectural standard are in place to ensure good quality standards. There are no restrictions for certain areas for ranch or two story homes and the requirement for perimeter fencing is a vinyl fence with brick pillars interspaced on the sides. A six foot masonry wall is proposed along 3 gth A venue. Chair TIMMS asked if the city has a tree preservation ordinance in place. Ms. Reckert stated no , but many of the dead trees along the bluff will be removed due to equipment staging and construction. Chair TIMMS asked about the depth of the pond. Mr. Westberg didn 't know the depth of the pond off-hand but it is planned to be a dry pond. The HOA will be responsible for maintenance. Planning Commission Minutes February 21 ,201 3 -6 - Discussion ensued regarding the Parks and Recreation Commission's recommendation for fees in lieu of a parkland dedication. Ms. Reckert indicated that she feels staff and the Commission should honor the Parks Commission's recommendation. Commissioner BRINKMAN asked the applicant when the perimeter fence will be built. The applicant stated the fence usually comes in after the overlot grading and street improvements but prior to the building permits for the houses. A question was asked about the depth of the detention pond. Mr. Burrows stated the pond has been designed in accordance with Urban Drainage's standards. It will be about 7' deep and will serve not only the proposed subdivision but existing subdivisions to the south. Chair TIMMS asked the applicant if the roads ways will be constructed initially. The applicant stated yes. He also stated that the 381h A venue sewer line improvements are not in front of the property but to the east extending from Simms to Rob b. There will be no disruption to the streets within the subdivisions east and west. Craig Campbell, Standard Pacific Homes Mr. Campbell thanks the staff for their hard work on this project and all the nearby homeowners for their input. The proposed single story homes will be 2500 sq. ft. with an additional basement opportunity. Two story homes will be up to 3800 sq. ft.in size. The estimated build out will be about 3years. The values of the homes are market driven but it is anticipated that they will sell in the range of $500,000 to $650,000. Commissioner OHM asked if there was a fence proposed on the north side. The applicant stated they had planned for a fence on those northern property lines to be an open rail design with low maintenance mesh so the views down to the greenbelt aren't obstructed. Chair TIMMS closed the public hearing. If a positive motion were to be made, Commissioner WEAVER recommended the following condition: "Due to lack of current access to green and park space in this area that park fees taken from this subdivision stay between this 38th Avenue corridor area between Kipling and Youngfield for the creation of new parks and/or the upgrade of current parks and open space". It was moved by Commissioner WEAVER and seconded by Commissioner MATTHEWS to recommend approval of Case No. WS-12-01, a request for approval of a 53-lot major subdivision with dedications for property zoned Planned Residential Development (PRO) and located at 11885 W. 381h Avenue for the following reasons: Planning Commission Minutes February 21 ,2013 -7 - 1. The proposed plat is consistent with the design concept approved m the Doud Overlook zone change and ODP approval. 2. All requirements of the subdivision regulations have been met. 3. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: 1. Property addresses be added to Sheet 3 of the plat document prior to recordation. 2. The HOA covenants be provided for staff review prior to plat recordation. 3. The developer continue working with Jefferson County Open Space and the City regarding protection of the Ute Ladies' Tresses orchid populations and procurement of temporary and permanent easements in the open space area. 4. Prior to plat recording, adequate assurance must be in place with Westridge Sanitation District on their ability to serve the property. 5. The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fees to be paid prior to the first building permit issuance. 6. The developer enter into a City standards subdivision improvement agreement with required security prior to recordation of the subdivision plat. 7. Due to lack of current access to green and park space in this area that park fees taken from this subdivision stay between this 381h A venue corridor area between Kipling and Youngfield for the creation of new parks and/or the upgrade of current parks and open space. Motion carried 7-0. Ms. Reckert stated that this case will be heard by City Council on April 8, 2013. 9. Staff Business Ms. Reckert informed the Commission that Sarah Showalter has resigned to accept a position with the City of Denver as a Senior Planner and that her last day will be March 8th . 10. Adjournment It was moved by Commissioner Brinkman and seconded by Commissioner Duran to adjourn the meeting at 9:15p.m. Motion carried 7-0. Steve Timms, Chair Planning Commi ssion Minutes February 21 , 201 3 Kim Waggoner, Recording Secretary -8 - ~ '~ .. ~ .-City of JP'WheatRi._dge ITEMN0:2 DATE: April 8, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2013-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6700 W. 44tb A VENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-13- 01/CAMAROS PLUS) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (3111 /2013) ~ ORDINANCES FOR 2N° READING (4/08/2013) ~ YES NO ommum Devel City Manager ISSUE: \ The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 6700 W . 44th Avenue. The proposed rezoning area includes two parcels, the total size of which is approximately 1.03 acres. The purpose of the zone change is to expand possible uses for the property. Specifically, the applicant is proposing to purchase the property and relocate his automotive restoration business to the east side of the existing building. A zone change is the first step in the process. If the zone change request is approved, the proposed use would require review of a Conditional Use Permit (CUP). Other than improvements to landscaping and fencing, the applicant is not proposing any new development. PRIOR ACTION: Planning Commission heard the request at a public hearing on March 7, 201 3 and recommended approval for the following reasons: Case No. WZ-13 -0 I/Camaros Plus Council Action Form April 8, 2013 Page2 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. There were no recommended conditions of approval , and there was no testimony or objection by any neighbor. The Planning Commission staff report and draft meeting minutes are attached . FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1 ,17 5 were collected for the review and processing of Case No. WZ-13-01. BACKGROUND: The property is located at 6700 W. 44th Avenue in the northeast quadrant of the City, between Pierce and Otis Streets. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses and a limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built in 1979 and spans the two lots that make up the subject property. The west side of the building is used for professional offices, and the east side of the building includes a vacant warehouse space that was most recently used by Lost and Found, Inc. for storage and warehousing. Surrounding Land Uses The site is surrounded to the north, east, and west by properties that are also zoned commercially. To the east is a cigar shop, to the west is a legally nonconforming self-serve car wash, and across the street to the north is a multi-tenant commercial building. At the northwest comer of Pierce and W . 44th Avenue is Al's Pine Garden and Nursery on a 3.5-acre parcel with split zoning. Immediately to the south is a residential neighborhood zoned Residential-Two (R-2). Current and Proposed Zoning The current and proposed zone districts are very similar as RC and MU-N were both established to provide for neighborhood-serving commercial uses. A notable difference, however, is in the treatment of auto-oriented businesses. In the Restricted Commercial zone district, auto-related businesses are not permitted-this includes auto parts sales, auto repair, and vehicle sales lots. In the Mixed Use-Neighborhood zone district however, automotive businesses are classified slightly differently and are permitted on a limited basis. Auto parts sales is classified generally as retail sales and is permitted, provided gross floor area is 20,000 square feet or Jess. Other auto- related uses are permitted to operate indoors as conditional uses. The applicant's auto restoration business is not a permitted use under the current RC zoning, but would be allowed as a conditional use under MU-N. The proposed bu s iness would occupy the eastern portion of the site and would include a retail store, work area and indoor storage of vehicles and parts . No outdoor storage is proposed or permitted in MU-N. Council Action Form April 8, 2013 Page 3 If a rezoning to MU-N is approved, the proposed business would require a Conditional Use Permit. Review of a conditional use is an administrative process and includes consideration of site design, business operations, and potential impacts on adjacent properties. Guiding Documents The proposed zoning is consistent with the policies and goals of the City's comprehensive pian- Envision Wheat Ridge. The plan describes W. 44th Avenue as a Neighborhood Commercial Corridor and specifically identifies the comer ofW. 44th and Pierce as a Neighborhood Commercial Center. This intersection is envisioned as a small-scale, commercial cluster with a mix of uses. A stated goal is to attract and promote small businesses, and the zone change supports this goal by potentially enabling the relocation of a specialty business to Wheat Ridge. The MU-N zoning also promotes the goal of protecting established residential neighborhoods with design standards that address residential transitions. Review Process The application has been through the standard referral to City departments and outside agencies. There were no objections, and no utility upgrades are required. At this time, the applicant is not proposing any redevelopment of the property; a separate referral process would be required in the future if redevelopment was to occur. RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2013 an ordinance approving the rezoning of property located at 6700 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N), on second reading and that it take effect 15 days after final publication, for the following reasons: Or, I. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112.E of the Code of Laws." "I move to deny Council Bill No. 05-2013 an ordinance approving the rezoning of property located at 6700 W. 441h Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for the following reason(s): 1. ... and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." Council Action Form April 8, 2013 Page4 REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 05-2013 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes, March 7 , 2013 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER JAY COUNCIL BILL NO. 05 ORDINANCE NO. ___ _ Series of 2013 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6700 W. 44th AVENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 13-01/CAMAROS PLUS) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Steven Pelletier has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 6700 W. 44th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for a mix of land uses along neighborhood commercial corridors such as W. 44th Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 7, 2013 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Steven Pelletier for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 6700 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOT 21, LIONEL SUBDIVISION AND LOT 22, LILLIAN'S FIRST ADDITION, EXCEPT THAT PORTION OF LOT 22 CONVEYED IN INSTRUMENT RECORDED SEPTEMBER 10, 1968 IN BOOK 2046 AT PAGE 393. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and Attachment 1 welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 11th day of March, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, April 8, 2013 at 7:00 o'clock p.m ., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013. SIGNED by the Mayor on this ___ day of _______ , 2013. ATIEST: Janelle Shaver, City Clerk 1st publication: March 14, 2013 2nd publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney ... ~·~ ... #" City of .. ~Wheat&_dge ~OMMUNilY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: March 7, 2013 WZ-13-01 I Camaros Plus Approval of a zone change from Restricted Commercial (RC) to Mixed Use- Neighborhood (MU-N) LOCATION OF REQUEST: 6700 W. 441h A venue APPLICANT(S): Steven Pelletier PROPERTY OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: First Bank 44 ,678 square feet (1.03 acres) Restricted Commercial (RC) Professional offices and warehouse COMPREHENSIVE PLAN: Neighborhood Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Case No . WZ-13-0 1 I Co mo ros Plus Attachment 2 SITE All notification and posting requirements have been met; therefore , there is jurisdiction to hear this case . I. REQUEST Case No. WZ-13-0 I is an application by Steven Pelletier requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 6700 W. 44 th Avenue f(Exhibit 1, Aerial . The proposed rezoning area includes two parcels , the total area of which is approximately 1.03 acres. The purpose of the zone change is to expand possible uses for the property including the option of an indoor auto-oriented business . The applicant is proposing to purchase the property and relocate his automotive restoration business, Camaros Plus , to the east side of the subject property. The business is currently located in Arvada, but the applicant is seeking more space to provide additional indoor storage. The business specializes in locating and providing specialty parts for restoring early American cars and Camaros. Full vehicle restorations make up only a small portion of the business ; the applicant completes about 5 to 6 high end full restorations per year. While restoration does entail painting and installation of arts , the business is not based on providing traditional auto repair and maintenance Exhibit 2, Letter o Re uest . A z one change is the first step in the process for relocating the applicant 's business. If the zone change request is approved , the proposed auto restoration use will require a Conditional Use Permit (CUP) with site plan . An approved rezoning does not guarantee approval of a CUP. Review of a conditional use is an administrative process and includes consideration of site design , business operations, and potential impacts on adjacent properties. II. EXISTING CONDITIONS Subject Property The property is located at 6700 W. 44th A venue which is in the northeast quadrant of the City, between Pierce and Otis Streets. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented . Currently , the west side of the property is used for professional offices. The east side of the building is now vacant , but was most recently used by Lost and Found , Inc. for storage and warehousing. Code enforcement records indicate at least three citations related to property maintenance issues since 2009. The subject property is comprised of Lot 22 of Lillian 's I st Addition Subdivision and Lot 21 of Lionel Subdivision. Based on Jefferson County Assessor records , the total size of the property is 44 ,678 square feet (1.03 acres). The existing building spans both lots and was originally constructed in 1979. The warehouse space to the east and the two-story office space to the west are connected by an enclosed hallway. A dilapidated accessory structure is located on the southeast corner of the lot , and the applicant has proposed to remove it. The property has frontage on three public streets: Otis , Pierce and W. 44th Avenue . Separate parking lots on the east and west sides of the property serve each use area. The remainder of the parcel is landscaped . The a licant has proposed improving the fence and landscaping along the southern property line Exhibit 3, Site Photos . Case o. WZ-13-01 I Co moros Plu s 2 Surrounding Zoning and Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded by a variety of land uses and zoning. To the north , east, and west are properties also zoned RC. To the east is a small commercial parcel with a cigar shop, to the west is a nonconforming self-serve car wash , and across the street to the north is a multi-tenant commercial building. At the northwest comer of Pierce and W. 44th Avenue is Al's Pine Garden and Nursery on a 3.5-acre parcel with s lit zoning. Immediately to the south is a residential neighborhood zoned Residential-Two (R-2) Exhibit 4, Zonin Ma . III. PROPOSED ZONING The applicant is requesting that the property be rezoned to Mixed Use-Neighborhood (MU-N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which residential and civic uses are permitted, in addition to a limited range of neighborhood-serving commercial and retail uses. Permitted Uses The MU-N and RC zone districts are very similar as they both allow neighborhood serving commercial uses. A notable difference, however, is in the treatment of auto-oriented businesses and outdoor storage. In the Restricted Commercial zone district, auto-related businesses are not permitted. The following is an excerpt from the permitted use table of Section 26-204: l ·s<.• l~estricted Commercial Auto service, repair, and maintenance, minor Not permitted Auto service, repair, and maintenance, major Not permitted Automotive parts and supplies sales Not permitted Automobile and light-duty truck sales Not permitted Car wash, automatic Not permitted Car wash, coin operated Not permitted In the Mixed Use-Neighborhood zone district, automotive businesses are classified slightly differently and are permitted on a limited basis. Auto parts sales is classified generally as retail sales which is permitted based on the gross floor area of the existing building being under 20,000 square feet. Other auto-related uses are permitted indoors as conditional uses. The following table is an excerpt from Section 26-1111, the permitted use table in the mixed use code: l .Sl' :\1ixed t ·w-:\eighhorhood Repair, rental and servicing of automobiles, no Conditional Use outdoor storage Motor vehicles sales, outdoor display Not permitted Motor vehicle sales, indoor display Conditional Use Retail sales -up to 20 ,000 gsf per tenant space Permitted Car washes Not permitted Case o. WZ-13-01 I Comoros Plus 3 In the Restricted Commercial zone district , outside storage is permitted if materials are screened in accordance with Section 26-631 of the zoning code. In the Mixed Use-Neighborhood zone district, no outdoor storage of any kind is permitted. The applicant 's auto restoration business is not a permitted use under the current RC zoning, but would be a conditional use under MU-N. The proposed business would occupy the eastern portion of the site and would include a retail store, work area, and indoor storage of vehicles and parts. No outdoor storage is proposed. If a rezoning to MU-N is approved the restoration component of the business would require a Conditional Use Permit. Development Standards Other than improvements to landscaping and fencing , the applicant is not proposing any changes to the site design or existing structure. If redevelopment were to occur in the future, however, the MU-N and RC development standards are similar in terms of building height, build-to requirements , and architectural standards. Subtle differences relate to setback, lot coverage , and landscaping requirements. The following table compares the existing and proposed standards that apply to the subject property: 'll"-:\ RC Uses Allows new residential , commercial , or Allows limited commercial uses mixed uses Does not allow automotive uses Allows automotive uses with CUP Does not allow new residential uses Architectural Determined by mixed use code Determined by Architectural and Site Standards Design Manual {Traditional Overlay) Building Height 35 feet if building has residential use 35 feet if building has residential use (maximum) 50 feet for all other buildings 50 feet for all other buildings Build-to Area 0-12 feet 0-12 feet (applies along street frontages) W. 44th Ave (primary frontage): 60% of W. 44th Ave (primary frontage): 50-60% of build-to area contains building mass build-to area contains building mass Otis or Pierce (secondary frontage): 30% Otis or Pierce (secondary frontage): 0-25% of build-to area contains building mass of build-to area contains building mass Rear setback I 0 feet for 1-2 story 1 0 feet for 1 51 story (based on height) + 5 feet for each additional story + 5 feet for each additional story Lot Coverage 90% for mixed use 80% (maximum) 85% for single use Landscape/ l 0% for mixed use 20% Open Space 15% for single use (minimum) Case o. WZ-13-0/ /Camaros Plus 4 Given the proximity of single-and two-family homes south of the subject lot, it should be noted that the mixed use code includes standards that protect existing residential properties. If the subject property were to redevelop in the future under MU-N, the following regulations would apply: • Screening is required wherever a parking lot abuts a residential use, including a 6-foot landscape buffer and a 6-foot fence , wall , or hedge. • The minimum rear setback is required to be landscaped. • Buildings over 2 stories must provide a 5-foot step back for each additional upper floor. • Any portion of a building within 100 feet of a residential use may not be taller than 4 stories. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration ofthe extent to which the following criteria have been met: l. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The proposed zone change promotes the health , safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone districts have similar development standards and permitted commercial uses. The zone change will allow for limited automobile uses which are not currently permitted. While a traditional auto-oriented business may be inconsistent with the adjacent residential uses, the MU-N zoning requires business functions to occur primarily indoors and be subject to CUP review. These requirements will help to ensure minimal impacts on the neighborhood if there is a change of use subsequent to the zone change. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no new development is proposed at this time. lfthe property is redeveloped in the future under MU-N zoning, a site plan application would be required and referred to all impacted utility agencies. In the event that current capacity is not adequate for future development or for a change in use, the property owner or developer would be responsible for utility upgrades. Staff concludes that this criterion has been met. Case No. WZ-/3-01 /Ca maros Plus 5 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City 's 2009 comprehensive plan, Envision Wheat Ridge. West 44 1h Avenue is a primary east-west thoroughfare in the City which is classified as a minor arterial and is commercial in character. The plan identifies the roadway as a Neighborhood Commercial Corridor which is envisioned as a small-scale, pedestrian-friendly, mixed-use corridor Exhibit5,Com rehensive Plan). More specifically, the comprehensive plan identifies the intersection of W. 44 1h Avenue and Pierce Street as a Neighborhood Commercial Center. This designation recognizes the area as a commercial cluster which should have a mix of uses that promotes niche business opportunities. The plan establishes a clear goal of attracting and promoting small businesses, and the zone change would support this by potentially enabling the relocation of a specialty business to Wheat Ridge. In contrast to the commercial character of W. 44th A venue, properties to the south make up an established, low-density residential neighborhood. A stated goal in the comprehensive plan is to maintain and enhance the character of the City's established neighborhoods. The Mixed Use-Neighborhood zone district promotes this goal by incorporating standards which require enhanced setbacks, additional landscaping, and upper story step backs for new development. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial (RC) zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff find s no evidence of any si gnificant changes in the area. The z one change request from RC to MU-N ne ith e r respond s to nor results in a notable change of character. Staff concludes that this crite rion is not applicable. Case o. WZ-13 -0 1 I a maros Plus 6 d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The comprehensive plan identifies W. 44th A venue as a Neighborhood Commercial Corridor and the rezoning to MU-N supports this vision. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on January 23 ,2013. Six ople from the neighborhood were in attendance and no specific concerns were expressed Exhibit6, Neighborhood Meeting Notes). VI. AGENCY REFERRAL AH affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns. Wheat Ridge Police: No concerns. Xcel Energy: No objections, contingent upon maintaining a11 existing rights and ability for future expansion. Wheat Ridge Sanitation District: No objections; the applicant has been notified that the district may require an oil/sand separator depending on proposed business operations. Comments received relate only to the zone change request. No comment was received from the water district. The applicant has been in direct contact with the fire district, Economic Development Division, and Building Division regarding the proposed use. A separate referral process wi11 be required if a Conditional Use Permit is requested. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades , as needed, with future development or change in use. Fina11y, staff concludes that the zone change is consistent with the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor while still protecting adjacent residential development. Case No . WZ-13-01 /Camaros Plus 7 Because the zone change evaluation criteria support the zone change request , staff recommends approval of the request. Vlll. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL ofCase No . WZ-13-01 , a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood , for property located at 6700 W. 44th A venue, for the following reasons: 1. The proposed zone change will not adversely impact the public health , safety or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City 's Comprehensive Plan . 3. The proposed zone change is compatible with the surrounding area.' Option 8: "I move to recommend DEN lAL of Case No . WZ-13-0 1, a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood , for property located at 6700 W. 44 th Avenue , for the following reasons: I. 2. 3. Case No . WZ-13-0 1 /Comoros Plu s 8 EXHIBIT 1: AERIAL Case o. WZ-I 3-0 I I Comoros Plus 9 EXHIBIT 2: LETTER OF REQUEST To whom it may concern 1/24/13 This letter is to summarize my i nformation for the Zone change request for 6700 w . 44111 ave location . I'm requesting a zone change from RC to MUN at this location for the purpose of owning and occupying the building for my business Camaros Plus . We have been in business for 23+ years and would like to move into the city of Wheatridge.The Zone change to MUN would allow for light Automotive which would allow me to operate in this location. There would be no physical changes to the exterior of the building with minor changes on the inside. The zoning is consistent with other bullding.s along the 44th corridor. Access for the current curb cuts and side streets is more than adequate and I won't be asking for any changes to the current parking lot lay out. The impact on public services will be minimal since we dispose of own garbage etc. The customer base is made up of older professionals requ iring no visits or help from local police In the last 23 yrs . (we don't have incidents at our business).AII delivery's and customer interaction will take place in our own parking lot so there will be NO IMPACT to the surrounding bus inesses or neighbors for parking or access on the side streets anytime, day or night.J also understand that the RC to MUN change has no outdoor storage and I will not require any outdoor storage being I own a storage lot in Arvada only 2 miles away. We run a low key business with 2 full time/ 1 part time employee and myself at the location everyday. Thank You Steven T. Pelletier Case o. WZ-13 -01 /Camaros Plus 10 EXHIBIT 3: SITE PHOTOS This panoramic image shows the subject property from W. 44 Avenue looking south. The eastern (left) side of the property includes warehouse and office space which the applicant is seeking to occupy. The western (right) side of the property is used for professional offices. The two buildings are connected by an enclosed hallway. View of the subject property looking south from W. Case No . WZ-13-01 /Comoros Plus II View of the east fatyade of the building. This fac;ade includes several pedestrian and roll -up doors . Looking west at the southern property line which is shared with a single family home z oned R-2 . The applicant ha s proposed an enhanced buffer in this area such as improved fencin g and new landscaping. Case o. WZ-13 -0 1 /Comoros Plus 12 EXHIBIT 4: ZONING MAP Case No . WZ-13-0 1 !Camaros Plus 13 EXHIBIT 5: COMPREHENSIVE PLAN The following images are excerpts from the City's 2009 comprehensive plan Envision Wheat Ridge. West 44th Avenue is identified as a Neighborhood Commercial Corridor, and more specifically the intersection at Pierce Street is described as a Neighborhood Commercial Center. Primary •• Neighborhooc Commercial Commercial Neighborhoods "'" Corridor-Corridor ,.,...,.,... I'Wc.fl: ~~ '" Community Neighborhood Primary "'"' Commercial Commercial Gateway Center Center Case 1o. WZ-13-0 1 /Camaros Plus 14 EXHIBIT 6: NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Applicant: Property Owner(s) Present? Existing Zoning: Existing Comp. Plan: Existing Site Conditions: NEIGHBORHOOD MEETING NOTES January 23 , 2013 Lauren Mikulak, Planner I City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 6700 W. 44th Avenue Steven Pelletier No (property is bank owned, applicant is under contract) Restricted Commercial (RC) Neighborhood Commercial Corridor The property is located at 6700 W. 44th Avenue on the south side of the street between Pierce and Otis. The site is zoned Restricted Commercial (RC) and is surrounded by a variety of land uses and zoning. To the north, east, and west are properties also zoned RC. Immediately to the south is a residential neighborhood zoned Residential-Two (R-2). The subject property is comprised of Lot 22 of Lillian 's I st Addition Subdivision and Lot 21 of Lionel Subdivision. Based on Jefferson County Assessor records, the total size of the property is 44 ,678 square feet (1.03 acres). A two-story building spans both lots and was originally constructed in 1979. The east side of the structure provides warehouse space and the west side is used as offices; the two structures are connected by an enclosed hallway. The property has frontage on three public streets: Otis, Pierce and W. 44th Avenue. Separate parking lots on the east and west sides of the property serve each use area. The remainder of the parcel is landscaped. Applicant/Owner Preliminary Proposal: The applicant, Steven Pelletier, is proposing to rezone the property in order to purchase the property and relocate his automotive restoration business, Camaros Plus. The business is currently located in Arvada, but the applicant is seeking more space to provide additional indoor storage. Case No. WZ-13-01 !Camaros Plus 15 The following is a summary of the neighborhood meeting: • Jn addition to staff and the applicant, six neighbors were in attendance, including: Delphine Medina and her daughter-business owner at 6690 W. 44th A venue John and Toni Alcamo-Owner and resident of 4365-4375 Otis Street John Trujillo-4190 Pierce Street Kris Shumwry-4330 Newland Street • Staff explained the existing conditions on the site, the current zoning, and the surrounding land uses and zone districts • The applicant provided a detailed description of his business history, operations, and proposed improvements for the property. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • No specific concerns were expressed by the attending neighbors; all expressed hope that the applicant maintains the property better than the previous owner. • Prior to the meeting, staff received two phone calls from neighbors who had received the meeting notification in the mail. There were no objections to the applicant s proposal at that time. The following issues were discussed regarding the zone change request: • Why does the zoning need to change? The applicant has proposed a use that is not permitted under the current Restricted Commercial zoning. The applicant is proposing to rezone to the Mixed Use-Neighborhood (MU-N) zone district which would allow his business as a Conditional Use. In order to move his business, the applicant would have to apply for a zone change, and then apply for a Conditional Use Permit. • What is the difference in types of businesses that are allowed under the current and proposed zoning? The two zone districts are very similar-both allow lower-impact commercial businesses such as offices or neighborhood-oriented retail. One difference is that the current RC zoning does not allow any type of automotive use, but the MU-N zoning would allow auto-oriented businesses which are indoors. • Will outdoor storage be allowed? Outdoor storage is permitted in the current zoning if it is screened by a 6-foot fence . No outdoor storage is allowed under the MU-N zoning. • The applicant mentioned installing a new fence and landscaping, how will the City ensure that it is installed? Land uses applications can be approved, denied, or approved with conditions. If an application was approved for a rez oning or a Conditional Use Permit, fencing or landscaping could be required as conditions of approval. Case o. WZ-13-01 /Camaros Plus 16 • Even though the applicant isn't proposing new development, what type of new development would be allowed on the property under the MU-N zoning? The current and proposed zoning would allow similar types of development. Under MU-N a building could be up to 50 feet if it was entirely commercial or up to 35 feet if it included residential uses. There are strict architectural standards which outline requirements for materials, transparency, and variation. If the site completely redeveloped a new building would need to be closer to the street. • What is the maximum building height in the existing and proposed zone district? Under the current and proposed zoning a building could be up to 50 feet if it was entirely commercial or up to 35 feet if it included residential uses. • How long will the process take? A zone change request typically takes about 3 to 4 months. • Can the applicant install an 8-foot fence along the southern property line? City-wide standards limit fences and walls to 6 feet in height. A variance application would have to be submitted for a fence that exceeds 6 feet. • How does a conditional use permit work? Each Mixed Use Zone District lists permitted uses and conditional uses. Permitted uses are allowed uses "by right. " Conditional uses are land uses that may or may not be compatible with the surrounding area and require additional review of the proposed use and site design to ensure that there will be minimal impact. If the zone change were approved, the applicant's proposed use would require an application for a Conditional Use Permit. These are reviewed administratively, and staff typically reviews a written narrative and site plan to consider the design of the property, the operation of the use, and any potential impacts on adjacent properties • What are the typical hours of operation? The applicant explained that he has a small staff so hours vary slightly, but a typical schedule is usually about 7a-5p. Sometimes the applicant stays later to complete office work. Case o. WZ-13-01 /Camaros Plus 17 ~~i~ ... ~ City of ?W'heatR!._dge PLANNING COMMISSION Minutes of Meeting March 7, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair TIMMS at 7 :04p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: StaffMembers Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Amanda Weaver Anne Brinkman Dick Matthews Monica Duran Scott Ohm Steve Timms Alan Bucknam Tracy Guildner Meredith Reckert, Senior Planner Lauren Mikulak, Planner II Kim Waggoner, Recording Secretary It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES -February 21, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to approve the minutes of February 21, 2012, as written. Motion carried 6-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes March 7, 2013 Attachment 3 - 1 - 7. PUBLIC HEARING A. Case No. WZ-13-01: An application filed by Steven Pelletier for approval of a zone change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) for property located at 6700 W. 44th Avenue. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report and digital presentation. Staff recommends approval of the zone change. Ms. Mikulak also stated if the zone change is approved the applicant would follow-up with an application for a Conditional Use Permit (CUP) for vehicle repair. Staff would review the application at that time for business operations, site design and any potential impacts. There would likely be an interior remodel in the building. Commissioner DURAN asked if there was a plan to install a privacy fence on the south side by the residential area. Ms. Mikulak stated a fence has been proposed but specifics have not been discussed. This would be reviewed with the CUP application. Commissioner BRINKMAN asked why we were reviewing old photos as the property doesn't look like this now as there is a lot of trash and debris. Ms. Mikulak stated the photos were taken when the case was submitted about four months ago. The applicant doesn't currently own the property so he isn't responsible for removing it. If the CUP is approved the condition of the site will be assessed. The outdoor storage would be addressed as well. Commissioner BRINKMAN asked about noise restrictions in the MU-N zoning. Ms. Mikulak stated the City's noise and nuisance standards apply uniformly to any commercial zone district. Commissioner MATTHEWS asked if this case will go to City Council and inquired about the process for the CUP. Ms. Mikulak stated this case will go to City Council on April 8. The application for a CUP typically includes a written narrative with a description of the business operations and specific criteria for the CUP. It includes the site plan with the exterior use and in this case a floor plan so staff understands where the different functions are occurring within the building particularly in proximity to the neighborhood. There will be a referral to utility agencies and city departments for a two week period. The review is administrative. Commissioner WEAVER asked what the difference is between a parking lot and outdoor auto storage. Ms. Mikulak replied outdoor storage applies to any materials or tools and inoperable vehicles. Chair TIMMS asked if staff would rather have the conditions of approval for landscaping and fencing with the zoning or CUP and whether the applicant is looking Pla1ming Commission Minutes March 7 , 2013 -2 - at purchasing both buildings. Ms. Mikulak replied the applicant is purchasing both parcels. Steven Pelletier 480 S. Garfield St., Denver, CO The applicant stated the main business is the sale of parts and vehicle restoration is minimal. A spray booth will be installed which will comply with all local and federal guidelines. The applicant indicated that he would like to update the landscaping and fencing on the south to increase buffering. The office space will be rented to professionals. The applicant continued to explain his operation; that all vehicles should fit inside the building and storage of vehicles outside will be minimal. Commissioner OHM expressed a concern of sight visibility for the circular drive on Otis that the resident is using. Commissioner BRINKMAN expressed her concern about there being only one address on the building. Ms. Reckert stated that assigning a second address is an easy fix. Chair TIMMS closed the public hearing as there were no members of the audience wanting to speak. It was moved by Commissioner OHM and seconded by Commissioner Matthews to recommend approval of Case No. WZ-13-01, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) for property located at 6700 W. 44 111 Avenue for the following reasons: 1. The property zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. Motion carrjed 6-0. Ms. Reckert stated that this case will be heard by City Council on April 8. 8. OTHER ITEMS 9. A. Election of Officers Blind ballots were cast for Chair and Vice Chair by each member of the Commission. Commissioner BRINKMAN was voted Chair and Commissioner OHM was voted Vice Chair. Planning Commission Minutes March 7, 2013 -3 - B. Other Business Ms. Mikulak informed the Board of the second NW Subarea Public meeting on April 17. The first public meeting in February was well attended. 10. ADJOURNMENT It was moved by Commissioner Matthews and seconded by Commissioner Duran to adjourn the meeting at 7:53 p.m. Motion carried 6-0. Steve Timms, Chair Planning Commission Minutes March 7, 2013 Kim Waggoner, Recording Secretary -4 - ~ ~ '., -~ .,. City of • :P"WheatRi_dge ITEMNO: 3, DATE: April 8, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2013 AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA ESTABLISHMENT OR MARIJUANA CLUB D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: /~7 / // (..__"' .. City Attorney ISSUE: D ORDINANCES FOR I ST READING (03/25/2013) C8J ORDINANCES FOR 2ND READING (04/08/2013) D YES Following the passage of Amendment 64 on November 6 , 2012, the Council has not yet established guidelines for marijuana clubs and marijuana establishments. This ordinance extends the moratorium originally imposed by Ordinance 1533 , on March 11 on the submission, acceptance, processing, and approval of all applications for City permits and licenses concerning the operation of marijuana establishments or marijuana clubs. This ordinance will provide the City staff with the time necessary to allow the City to develop appropriate policies. PRIOR ACTION: On March 11 , 2013 , the Council adopted an emergency ordinance imposing a moratorium on marijuana clubs and establishments. That ordinance will expire 90 days from adoption, pursuant to C harter Section 5.1 3. This ordinance repeals the em er gency ordinance and replaces it with a standard moratorium extending to November 1, 2 01 3. • V :\Forms\CAFtemplate Council Action Form April 8, 2013 Page2 FINANCIAL IMPACT: None BACKGROUND: On November 6 , 2012, the voters of the State of Colorado approved Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal use and regulation of marijuana. The Colorado Department of Revenue must adopt regulations prior to July 1, 2013 for the regulation of marijuana establishments. If the Colorado Department of Revenue fails to adopt regulations by July 1, 2013 or fails to begin accepting applications for marijuana establishments by October 1, 2013 , local governments may establish their own regulations for the same, including restrictions on the time, place, manner and number of such establishments. On January 28 ,2013 , City Council adopted an ordinance amending Section 16-131 and 16-133 of the Wheat Ridge Code of Laws so that they are consistent with state law as it pertains to the possession of marijuana and the necessary paraphernalia to ingest or smoke the same. This ordinance does not affect medical marijuana dispensaries or optional premises licenses for cultivation of medical marijuana. Nor does the ordinance affect the City's licensing system for primary caregivers. RECOMMENDATION: Staff recommends the extension of the moratorium on the submission, acceptance, processing, and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club. RECOMMENDED MOTION: "I move to approve Council Bill No . 07-2013, an ordinance extending a temporary moratorium on the submission, acceptance, processing and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club , on second reading and that it take effect 15 days after final publication. Or "I move to postpone indefinitely Council Bill No. 07-2013, an ordinance extending a temporary moratorium on the submission, acceptance, processing and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club for the following reason(s) " REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2013 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 07 Ordinance No. ___ _ Series 2013 TITLE: AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA ESTABLISHMENT OR MARIJUANA CLUB WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, on November 6, 2012, the voters of the State of Colorado approved Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal use and regulation of marijuana; and WHEREAS, Amendment 64 permits persons twenty-one years of age or older to possess, use, display, purchase and distribute without remuneration one ounce or less of marijuana, and to grow, process and transport marijuana plants; and WHEREAS, Amendment 64 also contemplates the retail sale of marijuana ("marijuana establishments"), and establishes a time schedule under which such establishments may be established and regulated by the state and/or local governments; and WHEREAS, the Colorado General Assembly will likely adopt statutes to implement the provisions in Amendment 64 and address related matters during the 2013 legislative session; and WHEREAS, state regulation of marijuana establishments is also dependent upon the Colorado Department of Revenue adopting regulations for such establishments prior to July 1, 2013; and WHEREAS, if the Colorado Department of Revenue fails to adopt regulations by July 1, 2013 or fails to begin accepting applications for marijuana establishments by October 1, 2013, local governments may establish their own regulations for the same, including restrictions on the time, place, manner and number of such establishments ; and WHEREAS, Amendment 64 permits local governments to prohibit marijuana establishments at any time by ordinance, or by election on and after November 4, 2014; and Attachment 1 WHEREAS, relying on the authority in Amendment 64 for individual adult consumption of one ounce or less of marijuana, establishments ("marijuana clubs") have been created in other municipalities for the purpose of allowing members or guests to consume marijuana or marijuana products on site; and WHEREAS, the City Council has been made aware that staff has received inquiries from persons that are interested in opening and operating such clubs in the City; and WHEREAS, if marijuana establishments or marijuana clubs were allowed to be established and operate in the City without appropriate regulation, they may be located in areas or under conditions that would conflict with the City's land use code, and may be inconsistent with surrounding uses or otherwise be detrimental to the public health , safety and welfare; and WHEREAS, the imposition of a moratorium to and through November 1, 2013, on the submission, acceptance, processing, and approval of all applications for City permits and licenses concerning the operation of marijuana establishments or marijuana clubs is reasonable and will allow the City to develop appropriate policies and , if needed , regulations concerning the same. WHEREAS, the Council has previously enacted Ordinance 1533, Series 2013 , which imposed a temporary moratorium on the activities which are the subject of this Ordinance ; it being the intention of the Council to extend that moratorium through the adoption of this Ordinance. THE COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ORDAINS: Section 1. Findings. The foregoing findings are incorporated herein by reference. Section 2. Temporarv Moratorium. The moratorium established by Ordinance 1533, Series 2013 is hereby extended and imposed on the submission , acceptance , processing , and approval of any application for a City permit or license to operate a marijuana establishment or marijuana club under any basis , including Article XVIII Section 16 of the Colorado Constitution or any provision of the Wheat Ridge City Code of Laws . The City staff is directed to refuse to accept for filing , and not to process or review any application for such establishments or clubs during the moratorium period. Section 3. Duration. The moratorium extended by this ordinance shall expire on November 1, 2013 , unless sooner extended or repealed . Section 4. Staff to Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this ordinance , City staff shall investigate, revi ew and an a lyze potenti a l new City regul ations for ma rijuana establishments , marijuana clubs , and /or the prohibition thereof. Such investigation , review and analysis shall be submitted to the City Council for consideration. The City Council declares that it will give due and timely consideration to those recommendations. 2 Section 5. Repeal. Ordinance 1533, Series 2013 is hereby repealed Section 6. Medical Marijuana not Affected. This ordinance shall not extend to or affect any medical marijuana establishment or center nor any primary caregiver as defined by Section 11-291 of the Wheat Ridge Code of Laws. Section 7. Effective Date . This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of March, 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for April 8, 2013 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this day of , 2013. SIGNED by the Mayor on this __ day of _____ , 2013. ATTEST: Janelle Shaver, City Clerk First Publication: March 28, 2013 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 3 .. ~~., .... _ , City of • ?WheatR.i9ge ITEM NO:~ DATE: April8, 2013 REQUEST FOR CITY COUNCIL ACTION ~~" TITLE: MOTION TO RATIFY THE DISTRICT III MAYORAL APPOINTMENT TO RENEWAL WHEAT RIDGE, TERM TO EXPIRE NOVEMBER 30, 2014 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ISSUE: The members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. There currently is one opening in District III as Tom Radigan resigned effective March 8, 2013. Two applications were received (attached) and Mayor DiTullio reviewed and interviewed both applicants. At this time Mayor DiTullio is recommending be appointed to the vacant seat in District III which expires November 30, 2014. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor DiTullio is recommending that b e appointed to R enewal Wheat Ridge representing District III , term to expire November 30, 2014. Council Action Form April 8, 20 13 Page2 RECOMMENDED MOTIONS: "I move to ratify the District III Mayoral appointment of __________ to Renewal Wheat Ridge, term to expire November 30, 2014." Or "I move to deny the appointment of ____________ to Renewal Wheat Ridge for the following reason(s) _________ " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Loretta DiTirro Application 2. Tim Rogers Application Board & Commission App.lication City of Wheat Ridge PLEASE APPLY ONLY FOR ' ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE URBAN RENEWAL AUTHORITY (BOARD/COMMISSION/COMMITTEE) DATE :M!rch 29. 2013 DISTRtCT ___ ---:1:...:.1.::...1 __ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RtDGE : 15+ YRS ARE YOU A REGISTERED VOTER?_~ _YEli.I:::S::__ __ WHY ARE YOU SEEKING THIS APPOINTMENT? _TO WORK WITH O!H . RS TO ENHANCE THE CITY OF WHEAT RIDGE DO YOU HAVE EXPERIENCE IN THIS AREA? R LTOR RESIDENnAL; AND COMMERCIAL HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSIONICOMMITIEE AND IF SO, WHICH ONE? HOW LO ~G? 6+ V,EARS ON THE WRBD BQARD ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DU S? OCCASIONALLY IF I MUST SHOW A HOME/MEETING SIGNATU PLEASE PRINT OR TYPE NAME :_-=L=O;.:.;RETT=.:... .:..:::A;:.,.D=m:.:.:.:.:R=R:.::O;,__ ______ _ ADDRESS : 1 RANGEVIEW CIRCLE, WHEAT RIDGE. CO 80215 HOME PHONE : 303.694.1520 BUSINESS PHONE :_......:3:.::0:.:.l3A5~5:o:.::.3:.::300~------------- Attachment 1 Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION (BOARD/COMM SION/COMMITTEE) DATE:March 30 2013 DISTRICT Three HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: Six months ARE YOU A REGISTERED VOTER? _Y.;..;:e=s __ _ WHY ARE YOU SEEKING THIS APPOINTMENT? Work with the citizens of Wheat Ridge to provide a predictable land use process that balances the needs of the community, preservation of our natural resources while promoting livable neighborhoods for all citizens regardless of ethnicity or age. DO YOU HAVE EXPERIENCE IN THIS AREA?I have been a commercial real estate broker working exclusively in the West Denver industrial. office and land market for fifteen years. My family has lived in Applewood. Lakewood and Wheat Ridge for thirty nine tears . During that time I have served on a number of focus groups and active in numerous you th sports. including coaching boys basketball at Wheat Ridge High School. HAVE YOU EVER SERVED , OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? Jefferson County Schools Advisory Committee for Secondary Education-one year. Court Appointed Special Advocates.CCASA)-two years. South Park Owners Association Board of Directors -eight years. Jefferson County Planning and Zoning Commission -one year. numerous short term local special interest focus groups. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? Planning and Zoning Commission hearings every Wednesday evening \~ ~ ------------------------------SIGNATURE. Attachment 2 PLEASE PRINT OR TYPE NAME : __ T.:..::im~R~o:.::s,;ge~rs~---------­ ADDRESS : 10495 W . 35 lh Place HOME PHONE :_(303) 279-8003 _______________ _ BUSINESS PHONE : __ (=3=03~l=64..:....:1:......-4..:...::0=8=0 _____________ _ E-MAIL ADDRESS : __ ~tr=o=ge=r=s@==ge=n=e=se=e=c=om=m=e=r=ci=al=.c=o=m.___ ______ _ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR