HomeMy WebLinkAbout02/04/201011 ~
City of
W heat Qdge
PLANNING COMMISSION
AGENDA
February 4, 2010
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on February 4, 2010, at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
1. CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5. APPROVAL OF MINUTES - January 21, 2010
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
7. STUDY SESSION
A. Mixed Use Zoning
8. OTHER ITEMS
9. ADJOURNMENT
:'I'
City of
W heat P,idge
PLANNING COMMISSION
Minutes of Meeting
January 21, 2010
1.
2.
CALL THE MEETING TO ORDER
The meeting was called to order by Chair DWYER at 7:00 p.m. in the City
Council Chambers of the Municipal Building, 7500 West 29`x' Avenue, Wheat
Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Anne Brinkman
John Dwyer
Henry Hollender
Dick Matthews
Steve Timms
Commission Members Absent
Staff Members Present:
Jim Chilvers
Marc Dietrick
Meredith Reckert, Senior Planner
Ann Lazzeri, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
It was moved by Commissioner MATTHEWS and seconded by
Commissioner TIMMS to approve the order of the agenda with the addition
of the following items: Appointment of new Planning Commission
representatives and an announcement by Commissioner Hollender. The
motion passed 5-0.
5. APPROVAL OF MINUTES - November 19, 2009
It was moved by Commissioner MATTHEWS and seconded by
Commissioner TIMMS to approve the minutes of November 19, 2009 as
presented. The motion carried 5-0.
Planning Commission Minutes 1 January 21, 2010
6.
7.
PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
There was no one present to address the Commission.
PUBLIC HEARING
A. Case No. WZ-09-09 - An application filed by Arvada Fire Protection
District for approval of an Outline Development Plan amendment to allow
a fire station on property zoned Planned Industrial Development (PID) and
located at 5250 Oak Street.
The case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Commission there was jurisdiction to
hear the case. She reviewed the staff report and digital presentation. Staff
concluded that the proposed modification to the original uses specified on the
Skyline Estates Filing 3 ODP must be processed as a zone change and that criteria
used to evaluate a change of zoning conditions supports approval of the
modification for this lot only. A recommendation of approval was given with
conditions as outlined in the staff report.
Commissioner BRINKMAN asked if staff believed parking to be adequate. Ms.
Reckert replied that this is a different situation than most parking requirements
and would be examined more closely at the time of specific design.
Commissioner HOLLENDER asked what would happen to the existing detention
ponds. Ms. Reckert stated that these ponds are regional and serve the
developments. A drainage plan will have to be approved.
J
In response to questions from Commissioner TIMMS, Ms. Reckert explained that
a photometric plan will be required at time of development. In regard to
landscaping, she explained that irrigation would be required and native seed
would be allowed.
Commissioner DWYER expressed concern that there will be no access onto
Ridge Road. Ms. Reckert stated that Ridge Road is a collector street, and it is
policy not to have direct access onto collectors. A traffic analysis has been done.
John Greer, Chief
Arvada Fire Protection District
Chief Greer stated that the proposed station would replace Station #2 and would
be one mile closer to the busiest census area of Kipling and I-70 while allowing
protection to the area provided by the present Station #2. This amounts to about
90 seconds less in response time. He stated that sirens and flashing lights are not
activated until after trucks have left the station. Lights would be angled to
prevent spillage into residential structures. There will be no hazardous materials
stored on the site. Diesel fuel will be stored in an approved above-ground tank
which will be enclosed in a bricked-in area. The station will have sleeping space
Planning Commission Minutes 2 January 21, 2010
for 6 individuals and parking space for 13 vehicles. Extra vehicle storage will not
be allowed.
Commissioner MATTHEWS asked about access across light rail. Chief Greer
explained that they will use Miller Street.
In response to a question from Commissioner HOLLENDER, Chief Greer stated
that he is satisfied with the Oak Street access. The station is a drive-through
design so trucks don't have to back up.
In response to a question from Commissioner TIMMS, Chief Greer stated that
Station #2 currently gets about two calls per day. The amount of calls will be
increased at the proposed station. He stated that it also looks hopeful that funding
will be available and the station could be constructed in about a year.
At the request of Commissioner TIMMS, Brad Bonnet, the architect, presented
architectural renderings of the station. He commented that the station would
provide a buffer from the Coors industrial park.
In response to a question from Commissioner BRINKMAN, Chief Greer
explained that the fire department contracts with Pridemark for ambulance
services and those vehicles will not be stationed and dispatched at the firehouse.
Commissioner BRINKMAN asked if there would be a future need for additional
sleeping space at the station. Chief Greer explained that any future additional
firefighters will be housed at Station #1.
Joseph E. DeMott
Wheat Ridge City Council - District IV
Mr. DeMott stated that he lives in Skyline Estates near the proposed station. He
stated that he is in favor of the station and, in talking with his neighbors, he has
heard no negative comments.
Chair DWYER asked if there were others who wished to address the
Commission. Hearing no response, he closed the public hearing.
Commissioner MATTHEWS commented that access onto Ridge Road is not for
the Commission's consideration at this time.
Commissioner TIMMS stated that he would vote in favor of the application. He
commented that a fire station is a much better use at this location than some of the
industrial uses allowed by the present zoning.
Commissioner HOLLENDER stated that he strongly supports the fire station at
this location, but suggested that the access question be reconsidered.
Commissioner MATTHEWS commended the Arvada Fire Department on the
pleasing design of the proposed station.
Planning Commission Minutes 3 January 21, 2010
It was moved by Commissioner TIMMS and seconded by Commissioner
MATTHEWS to recommend approval of Case No. WZ-09-09, a request for
approval of an amendment to the Skyline Estates Filing #3 Outline
Development Plan for Lot 1 of Block 4 to allow the additional use of a fire
station on property located at approximately 5250 Oak Street for the
following reasons:
1. The proposed use is less impactive than existing uses allowed on the
property.
2. The proposed use will provide a buffer and land use transition from
the industrial uses on the south side of Ridge Road to the residential
neighborhood to the north.
3. The evaluation criteria support approval of the request.
With the following conditions:
1. A preliminary drainage report be submitted at the time of specific
ODP.
2. A traffic analysis be submitted at the time of specific ODP.
The motion passed 5-0.
8. OTHER ITEMS
A. Resolution Designating a Public Place for Posting of Meeting Notices
It was moved by Commissioner MATTHEWS and seconded by
Commissioner HOLLENDER to approve Resolution No. 01-2010, a
resolution establishing a designated public place for the posting of meeting
notices as required by the Colorado Open Meetings Law.
Commissioner BRINKMAN offered a friendly amendment to include the
City's website as an additional location for the posting of meeting notices.
The amendment was accepted by Commissioners MATTHEWS and
HOLLENDER.
The amended motion passed unanimously.
B. Mixed Use Forum - Northwest Subarea Plan Update
Meredith Reckert stated that a forum was held last week with about 35 people
from the Wadsworth corridor area to discuss new regulations concerning a mixed
use zone district. She invited Commissioners to attend another forum to be held
regarding the TOD area around 50th and Ward. There will be a future forum
concerning the Kipling north of 44th area.
Planning Commission Minutes 4 January 21, 2010
Commissioner DWYER commented that Live Well Wheat Ridge is starting a
committee to advocate for walkable spaces in mixed use areas.
Commissioner TIMMS asked if there is a final report on the DOLA/Wheat Ridge
2020 38`x' Avenue seminar. Ms. Reckert replied that it should be available at the
end of this month.
C. Planning Commission Vacancies
Commissioner HOLLENDER reluctantly announced his resignation from the
Planning Commission due to the fact that he has moved out of the City.
Meredith Reckert and fellow Commissioners expressed appreciation to
Commissioner HOLLENDER for his service.
Ms. Reckert announced that two other vacancies exist to replace Davis Reinhart,
who was voted in as District I council representative, and Jim Chilvers, District II,
whose term is up in March and is not reapplying.
9. ADJOURNMENT
It was moved by Commissioner BRINKMAN and seconded by
Commissioner MATTHEWS to adjourn the meeting at 8:22 p.m. The
motion passed unanimously.
John Dwyer, Chair Ann Lazzeri, Secretary
Planning Commission Minutes 5 January 21, 2010
City of
"A~ W heat R
COMMUNITY DEVELOPMENT
Memorandum
TO: Planning Commission
THROUGH: Ken Johnstone, Community Development Director
FROM: Sarah Showalter, Planner II
DATE: January 28, 2010 (for February 4 study session)
SUBJECT: Mixed Use Zone Districts
In May 2009, planning staff presented a report to Planning Commission regarding the creation of
mixed use zone districts. This report included a summary of the need for "straight" mixed use
zone districts - as opposed to planned developments (PDs) - within the zoning code. It also
highlighted research from ten jurisdictions, most within the Denver area, that already have mixed
use zoning and presented an approach for moving forward with two basic mixed use districts:
Mixed Use Commercial (MU-C) and Mixed Use Neighborhood (MU-N).
Since that time, staff has continued to research best practices and refine the approach for creating
mixed use zoning in Wheat Ridge. This memo will summarize staff's recommended approach,
provide an overview of the proposed process and timeline for the project, and highlight policy
items for which we would like feedback. At the meeting, staff will conduct a presentation with
talking points and ask for direction on the important policy issues.
This memo is structured as follows:
1. Overview of Approach
2. Overview of Process
3. Proposed Schedule
4. Policy Direction Requested
Overview of Approach
Districts
The basic framework is to create two straight mixed use districts. One, Mixed Use Commercial
(MU-C), will focus on areas envisioned for higher-intensity development and the second, Mixed
Use Neighborhood (MU-N), will be for smaller-scale, more neighborhood-oriented development.
A summary of the basic characteristics for each district is found below.
Mixed Use Commercial (MU-C)
Intended for the city's commercial corridors such as Wadsworth and Kipling (north of
44 th Ave), as well as the area around the commuter rail station.
• Proposed for areas that were exempted from the City Charter restrictions on height and
density. Will allow for higher building heights and densities.
• Will allow for a fairly wide range of uses (including commercial, retail, and residential),
with some limitation and/or special review for auto-oriented uses.
Mixed Use Neighborhood (MU-N)
• Intended for neighborhood commercial corridors like 38`h Ave (between Sheridan and
Wadsworth) and 44`h Ave (between Sheridan and Wadsworth and west of Kipling).
• Will be in areas that are subject to the City Charter restrictions on height and density.
• Will allow for a range of uses - including commercial, retail, and residential - but with
more limitations on auto-oriented uses.
Sub-Districts
Two geographic areas targeted for MU-C that may require special attention are: (1) the future
transit-oriented development (TOD) around the Ward Road commuter rail station; and (2)
properties around the Kipling/I-70 interchange. To address these areas, staff is considering the
creation of sub-districts within the MU-C district (e.g. MU-C TOD and MU-C Interstate). This
approach allows for simplicity and hopefully greater ease of use. Rather than creating an entirely
new zone district for these unique areas, sub-districts allow for one underlying zone district with
special requirements, standards, or exceptions spelled out only where necessary. For example,
the TOD sub-district may have added parking reductions compared to other MU-C areas, and the
Interstate sub-district may allow for more auto-oriented uses than base MU-C areas.
Design Standards ("Form-Based Code")
Part of the goal in developing straight mixed use districts is to create a streamlined review
process so that, once the mixed use zoning is in place, development can proceed through
administrative review only. In order fot this approach to work, city staff and elected officials will
need to have confidence that the code requires a minimum level of quality design. Currently, the
city places design requirements on new development through the Architectural and Site Design
Manual (ASDM). After careful study of this issue, staff is proposing that the new mixed use
zoning code contain its own design requirements embedded within the code. The proposed code
would be a version of "form-based" zoning since it will place emphasis on the form and quality
of buildings, with less emphasis on separating land uses, which tends to be the focus of
traditional zoning. Staff recommends the form-based approach for the following reasons:
• Ease of use: applicants will be able to find all requirements (permitted uses, development
standards, and design requirements) within one location, rather than consulting both the
code and then the ASDM
• Applicability: modifying the ASDM - which already has traditional and contemporary
overlays - to match the new mixed use districts' geographic boundaries and standards
would be time-consuming and potentially confusing for applicants. With the proposed
approach, the ASDM will remain in effect for any new development that is not under the
new mixed use zoning.
Examples of mixed use form-based codes include Louisville's Mixed Use Commercial
Community District, Longmont's Mixed Use District, and Denver's Main Street District.
2
Development Standards and Permitted Uses
Staff preliminarily recommends the following basic approaches to standards within the new
mixed use code. Many of these items will be refined as input from stakeholders and the task
force is received throughout the process.
• Permitted Uses
Generally, the code will be more flexible and simplified in terms of permitted uses.
Addressing auto-oriented uses is an important issue. For now, staff proposes that some
auto uses would not be permitted in the MU-N district (or MU-C TOD sub-district), and
most would be allowed in MU-C as a special use.
• Incentives for Mixed Use
Some jurisdictions with mixed use zoning require a mix of uses. Staff preliminarily
recommends incentivizing, rather than requiring mixed use development. Incentives
might include higher allowed building heights or reduced parking requirements. One
approach under consideration is to require more than one use for sites over a certain size.
• Building Heights
Within the MU-N district, building heights would not exceed the City Charter (35' for
any building with residential, 50' for commercial buildings). Maximum building heights
for the MU-C district will be calibrated based on input from developers, designers,
property owners, and the public.
It is also worth noting that many mixed use ordinances, especially those meant to
promote TOD, require minimum building heights.
• Density
Within the MU-N district, residential densities would not exceed the City Charter (21
units per acre). Within the MU-C district, residential densities would be higher.
Appropriate densities will depend on input from local experts, property owners, and other
stakeholders. Some jurisdictions do not set maximum densities, utilizing other standards
- including building height, open space requirements, setbacks, etc - to restrict overall
density. Other jurisdictions set minimum densities in mixed use and TOD ordinances to
promote a compact, walkable development pattern.
• Setbacks
Staff recommends mandatory build-to lines, very similar to those in the ASDM. Rear and
side setbacks might be greater for mixed use development directly adjacent to low-
density residential use (like single family homes).
• Open Space
Staff recommends requiring a minimum amount of a lot area for each development to
have hardscaping and/or landscaping as useable open space. The typical range for
required open space in similar mixed use districts are anywhere from 10-20%.
• Parking
Compared to most jurisdictions in the metro area, the parking requirements in Wheat
Ridge's code are somewhat high. Such requirements can be prohibitive to promoting
mixed use development. Staff's preliminary approach is to have separate parking
requirements within the mixed use code, with ratios similar to those found in comparable
mixed use districts, such as Lakewood's Colfax Mixed Use zone district. The general
approach is to keep things simple. If minimum parking requirements are not too high, it is
not necessary to have a long list of options for reductions. Shared parking would be
allowed and encouraged.
3
Many jurisdictions also include parking maximums in mixed use zoning ordinances. This
is an approach that could make sense in the TOD area, but is still up for discussion and
input from the task force and stakeholders.
The new parking ordinance adopted in 2009, which allows for shared parking and has
other parking reductions available, would still apply to new development outside of the
mixed use districts.
• Nonconforming Uses and Structures
The issue of nonconforming uses will need careful consideration within the mixed use
districts, particularly if the city were to initiate a zone change along any commercial
corridors. Staff's preliminary recommendations are:
o Any existing use that becomes nonconforming as a result of the new district can
remain in perpetuity, except for a nonconforming use that has been discontinued
for a certain time period (currently 60 days in the code). Generally, the use will
stay with the land, so other similar businesses can come in and operate the same
use.
o Limited expansions (such as up to 20%) of the square footage of the building for
nonconforming uses might be allowed.
Development Review
Staff recommends relying on a process very similar to the current procedures for review of
nonresidential, mixed use, and multifamily projects. This process would be as follows:
o Pre-application meeting required with staff
o Building permit/site plan review for compliance with all standards set forth in zoning
code.
o One option under consideration is to require a public hearing (or possibly two - before
Planning Commission and City Council) for sites over a certain size.
2. Proposed Process
As staff works to draft the new code, input from experts (developers, designers, real estate
brokers), property owners, and the public will be essential. Staff proposes the following methods
for gaining feedback throughout the process.
Meetings with Property Owners
A crucial first step is meeting with property owners in those parts of the city targeted for mixed
use zoning. This outreach began in January, 2010 and will continue through March:
• Wadsworth Summit -January 13, 2010
• Ward Road TOD Mixed Use Forum- January 26, 2010
• Kipling Mixed Use Forum- February 24, 2010
• 38th Avenue Mixed Use Forum - March 10, 2010 (tentative)
At these meetings, staff presents information about the proposed mixed use zoning and asks for
feedback on important issues, such as:
• Should mixed use be required or incentivized? What incentives would work best?
• What auto-oriented uses, if any, should be allowed?
• What scale of development (building heights in particular) makes sense?
• How should nonconforming uses be handled?
4
• How do property owners feel about the idea of city-initiated rezonings?
Input is gathered through discussion, as well as a survey distributed to all meeting attendees.
Mixed Use Zoning Task Force
In order to solicit input from local experts - including developers and designers - staff is
proposing to form a small task force, or working group, that will roll up their sleeves and help
with many of the standards and requirements within the new code. Preliminarily, it is envisioned
that this group will meet with staff 3-4 times, in the format of working sessions, to give input on
drafts of the code. The intent is that the task force will help insure the code is sensitive to the
market and that it is clear and easily understood by developers and designers, who are most
likely to use it.
Public Outreach
Another important step in the process will be
stakeholders, especially in terms of the appropriate
Charter restrictions do not apply. The primary
opportunities will be a website dedicated
(www.wrmixeduse.com), which will be functioning
visit the website to:
soliciting feedback from all community
scale of development for areas where City
/chicle for both education and feedback
to the mixed use zoning project
by February 12"'. Anyone will be able to
• Take a survey with questions that will impact the mixed use code, including questions
about scale of buildings in the mixed use areas
• Learn about what mixed use development is, including some of its benefits
• Participate in a community photo journal, where people can upload and comment on
photos of development types that they would like to see in Wheat Ridge.
• View drafts of the code as they become available for review
• View a calendar with the schedule for the process and
Staff is also proposing to host one city-wide meeting in the spring, most likely after the second
draft of the code, to answer questions and give residents, property owners, and business owners
the opportunity to provide direct input. Another proposed component of public outreach will be
to produce a Top of the Hour segment for Channel 8.
Planning Commission and City Council
As the process continues through the spring, staff will make reports to the Planning Commission
(perhaps in conjunction with City Council at joint sessions) after important milestones. Staff has
tentatively scheduled to report back to the Planning Commission in conjunction with the 3 drafts
of the code so that Commissioners will have time to review drafts and give input at study
sessions.
3. Proposed Schedule
Below is a tentative schedule for the formation and adoption of the mixed use zone district.
Dates may change as the process continues.
• Meetings with Property Owners (Mixed Use Forums): January- March, 2010
• Formation of Task Force: February 2010
• Draft 1 of Code: March 2010 (published to website; task force working session)
• Draft 2 of Code: April 2010 (published to website; task force working session)
• City-wide meeting: Late April or early May
• Draft 3 of Code: June 2010 (published to website; task force working session)
• Final Draft of Code: July 2010
• Code Adoption (Planning Commission and City Council Public Hearings): August -
early September 2010
4. Policy Direction Requested
There are five main items for which we would like policy direction:
(1) Input on General Approach: What are Planning Commission's thoughts about staff's
proposed approach to creating a mixed use code with all requirements, including design
standards, in one place? Is there specific input related to the concept of two main districts
- Mixed Use Commercial and Mixed Use Neighborhood - which may be supplemented
by smaller sub-districts, if needed, for unique areas like the TOD?
(2) Residential Densities: For many people, even planners and developers, residential
density limits (such as 21 units per acre) can be very difficult to visualize. Some mixed
use and form-based zoning codes use standards such as building height, setbacks, and
open space requirements to ensure the appropriate level of development, but do not
specify maximum residential densities. It is often the height, form and design of a
building - not the number of units per acre - that has the most noticeable impact. Given
this context, staff would like input on the following questions:
• How important is it to set residential density maximums in the new mixed use
code?
• If maximum residential densities are included in the code, would it make sense -
at least for some areas like the TOD - to also include minimum residential
densities?
(3) Residential Densities and PDs: Planned Development zoning - including PMUDs - will
still remain as an option in the zoning code. Currently, residential development in all
PDs is limited to 21 units per acre (the maximum residential density set in the City
Charter). Given the recent changes to the City Charter's restrictions on height and
density:
• Would it make sense to either remove the 21 unit/acre restriction from Planned
Developments or increase it to a maximum more similar to what will be allowed
for the Mixed Use Commercial (MU-C) zone?
(4) Auto-oriented Uses: Preliminarily, staff has recommended prohibiting most auto uses,
including sales and repair, in the MU-N district, and requiring an SUP for the MU-C
district. Drive-throughs could be allowed as a special use, and the code would contain
some special screening requirements.
• Does this approach seem sensible to Planning Commission?
• Are there certain auto uses that should not be allowed in any MU district, or some
that should not be a special use within the MU-C district?
6
(5) Nonconformities: this is a sensitive issue since many of the areas targeted for the new
mixed use zoning contain auto-oriented uses and - around the future Ward Road
commuter rail station - industrial uses that could become nonconforming if the property
was rezoned to the new mixed use zoning.
• Does it make sense to allow some expansion of nonconforming uses (such as
25 or 30%)?
• Currently the code does not allow nonconforming structures or uses to be
rebuilt if they are destroyed involuntarily (from fire, for example). Staff would
propose changing this provision in conjunction with adoption of the new code.
• In order to provide time for owners with nonconforming uses to find new
tenants - especially if their building is designed for a specific use, such as
industrial - should the allowable time period for discontinued use be extended
beyond 60 days?
7