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HomeMy WebLinkAbout09/03/20091* 11: City of ]~qr Wheat ridge PLANNING COMMISSION AGENDA September 3, 2009 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on September 3, 2009, 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 - August 20, 2009 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. PUBLIC HEARINGS A. Case No. MS-09-02: An application filed by 3885 Upham Properties, LLC, for approval of a 2-lot minor subdivision plat with dedications for property zoned Restricted-Commercial (R-C) and located at 3885 Upham Street. 8. NEW BUSINESS 9. OTHER ITEMS A. Joint Study Session with City Council - September 21, 2009 10. ADJOURNMENT City of Wheat --Midge PLANNING COMMISSION Minutes of Meeting August 20, 2009 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair REINHART at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 20' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers John Dwyer Henry Hollende Dick Matthews Davis Reinhart Steve Timms Commission Members Absent: Marc Dietrick Staff Members Present: Ken Johnstone, Community Development Director 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 DWYER to approve the order of the agenda. The motion carried 7-0. 5. APPROVAL OF MINUTES - August 6, 2009 It was moved by Commissioner MATTHEWS and seconded by Commissioner DWYER to approve the minutes of August 6, 2009 as presented. The motion passed 5-0 with Commissioners CHILVERS and TIMMS abstaining and Commissioner DIETRICK absent. Planning Commission Minutes 1 August 20, 2009 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. ZOA-09-03: An ordinance amending Chapter 26 concerning parking regulations. The case was presented by Ken Johnstone. He reviewed the staff report and digital presentation. This ordinance was also discussed by the Planning Commission at an earlier study session. The proposed amendment was written to achieve the following objectives: Allow for reasonable reuse of existing buildings and sites along our commercial corridors that may not meet current parking standards. Create more flexibility in regard to the amount of required parking by allowing for greater shared parking and other parking reductions. Better organize the parking section of the code to make it more readable, including providing more and better graphic illustrations. Commissioner DWYER expressed concern that there is no way for a property owner to terminate a shared parking agreement unless the city terminates it. Mr. Johnstone stated that it is important for the city to have a role in the termination of a shared parking agreement to ensure an appropriate amount of parking will be provided. The ordinance could include language to the effect that property owners may initiate the cessation of a shared parking agreement subject to the citv's review and approval. Commissioner DWYER questioned the requirement on page 9 of the ordinance that limits parking of recreational vehicles in an RV park to 30 days. Mr. Johnstone stated that this language was present in the existing code and has not been chanted. Commissioner BRINKMAN suggested that a review of RV regulations take place at some time in the future based on the reality of present day recreational vehicles. Commissioner HOLLENDER referred to page 15, paragraph 5 "Surfacing", and suggested that "and on-site detention of storm runoff' be removed from the first sentence because not all sites would require on-site detention. Commissioner HOLLENDER referred to Page 16, paragraph 5 "Surfacing" regarding containment of surface materials and expressed concern that the ordinance not require concrete curb and gutter as the only method of containment. Planning Commission Minutes 2 August 20, 2009 In regard to Section 6(b)(iii), requiring parking lot islands to be irrigated with an automated sprinkler, Commissioner HOLLENDER reiterated his position that xeriscape landscaping should be encouraged. Commissioner REINHART suggested that wording "...unless an appropriate xeriscape solution is presented and approved by the city" be added to the sentence in 6(b)(iii). Mr. Johnstone stated that the city does encourage xeriscape as a general matter in landscape regulations. There is some concern about the viability of plants in very hot environments such as landscaped islands unless there is some type of drip irrigation. He also commented that there is some resistance by applicants to the cost of installing irrigation. Commissioner CHILVERS commented that landscaping of parking lot islands is important to the appearance of our city. Commissioner HOLLENDER referred to page 21 "Usable Parking Spaces". He expressed concern about the application to residential properties. Mr. Johnstone agreed that wording could be added to the effect that would exempt single family and duplex residential. Commissioner HOLLENDER noted that No. 7 "Stacking spaces" on page 28, and No. 9 "Drive through and vehicle stacking space" on page 29 say the same thing and one could be eliminated. nmissioner TIMMS referred to page 27, paragraph 4 "Variances to Residential king Standards." He suggested eliminating the sentence that reads: "Requests variances under this subsection Jshall not be charged a fee if the request is Commissioner TIMMS referred to page 13. He suggested that item (d) of paragraph 4 "Number of Access Points" also be added to paragraph 2 "Spacing of Vehicle Access" and paragraph 3 "Curb Cut Widths." In response to a question from Commissioner TIMMS, Mr. Johnstone stated that he is comfortable with his staff's capabilities to make determinations about shared parking, etc. Commissioner TIMMS suggested consolidating language on page 15, paragraph 5 "Surfacing" with language on page 24 under "Driveway connection to street." There was no one present to address the ordinance. The public hearing was closed. Planning Commission Minutes 3 August 20, 2009 It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to recommend approval of Case No. ZOA-09-03, an ordinance repealing and re-enacting Section 26-501 of the Wheat Ridge Code of Laws pertaining to off-street parking and loading, for the following reasons: 1. The proposed ordinance provides a balanced approach to providing the right amount of parking. 2. The proposed ordinance encourages the use of alternative modes of transportation. 3. The proposed ordinance will allow for greater flexibility in the re-use of existing buildings and sites and will encourage revitalization along the city's commercial corridors. 4. The proposed ordinance implements the goals of the Neighborhood Revitalization Strategy which has been adopted as an element of the City's Comprehensive Plan. With the following conditions:' 1. Section 26-501.B.1 shall be reviewed by staff and rewritten to clarify and simplify the language, if possible. 2. Section 26-501.E.5 (Surfacing) - Strike wording "...and on-site detention of storm runoff' from paragraph 5, first sentence. 3. Review the ordinance to ensure that the language regarding surfacing requirements for parking is consistent and not repetitive. 4. Section 26-501.E.12.b (Usable Parking Spaces) shall be modified to allow one and two-family dwellings to use double loaded parking 5. Section 26-501.F.2 and 3 shall be modified by adding a (d) to each subsection stating the following: The public works director may approve a modification to or waiver to the vehicle access standards and requirements stated in this subsection based upon consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. 6. Section 26-501.G.4 - Strike the following sentence from paragraph 4 (Variances to Residential Parking Standards): "Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31, 2004. " 7. Section 26-501.11. 7 (Stacking Spaces) - Remove this paragraph as it is the same as paragraph 9. Commissioner MATTHEWS commented that, over all, this was a well crafted ordinance. The motion carried 7-0 with Commissioner Dietrick absent. Planning Commission Minutes 4 August 20, 2009 B. Case No. ZOA-09-05: An ordinance amending Chapter 26 regarding off-street parking requirements. This case was presented by Ken Johnstone. He reviewed the staff report and digital presentation. This ordinance was also discussed by the Planning Commission at an earlier study session. The ordinance addresses what should be required for existing residential properties in regard to the surfaces where vehicles may be parked and make it enforceable to require that vehicles not be parked on certain unimproved surfaces including front yard and landscaped areas. Commissioner BRINKMAN stated that she agreed with the intent of the ordinance but had questions about enforcement. She would like to see more recent satellite data than April of last year. Commissioner DWYER expressed concern that the vast majority of his neighbors' properties will become noncompliant when the ordinance takes effect even though they have parked their vehicles in the affected spaces for many years. This would present a big burden for those property owners. Mr. Johnstone stated that there will be a public information program to adequately inform citizens. In response to a question from Commissioner DWYER, Mr. Johnstone explained that the requirement for the first 25 feet of a driveway to be asphalt would be grandfathered until such time as the property owner would replace or change the driveway. Commissioner BRINKMAN stated that she would like the ordinance to clarify who the enforcement agency will be and whether the property owner or vehicle owner would receive a summons. Commissioner TIMMS commented that he doesn't like the requirement to only pave the first 25 feet of a driveway, especially in new development. He also asked if these regulations would apply to agriculturally zoned property. Mr. Johnstone explained that agricultural property has different regulations regarding driveways. There was no one present to address the ordinance. The public hearing closed. Commissioner DWYER stated that while he could understand the intent of the ordinance, he expressed concern about the undue burden it will create when entire neighborhoods become noncompliant. He stated that he would not support the ordinance as written. Planning Commission Minutes 5 August 20, 2009 Commissioner CHILVERS commented that he didn't think it should be an undue burden to replace dirt with crushed rock. 8. 9. Commissioner MATTHEWS expressed concern about unequal enforcement in different areas of city. It is important to have equal enforcement. Commissioner HOLLENDER stated that he was at first concerned about property rights, but he agreed that the ordinance is an attempt to improve the city. Commissioner TIMMS stated that he would support the ordinance on the basis of long-term benefit to the city. Commissioner REINHART stated the improvements need to begin somewhere and he would support the ordinance. It was moved by Commissioner BRINKMAN and seconded by Commissioner MATTHEWS to recommend approval of Case No. ZOA-09- 05, an ordinance amending Section 26-501 of the Wheat Ridge code of Laws concerning residential off-street parking surfacing requirements, for the following reasons: 1. The parking of vehicles on unimproved surfaces including yards, landscaped areas and compacted dirt in residential districts has a negative effect on the community image and property values. 2. The parking of vehicles on said unimproved surfaces also can lead to the tracking of dirt and mud onto public streets, resulting in potential damage to the street, cleanup costs for the City and a decrease in the storm runoff water quality. 3. The proposed ordinance defines a reasonable off-street parking surfacing requirement for all existing residential development within the city. The motion carried 6-1 with Commissioner DWYER voting no and Commissioner Dietrick absent. NEW BUSINESS There was no new business to come before the Commission. OTHER ITEMS • Commissioner MATTHEWS expressed disappointment that the city missed the opportunity to have a xeriscape demonstration project at the new monument sign at Kipling and I-70. Planning Commission Minutes 6 August 20, 2009 10. • Commissioner BRINKMAN learned at a recent DRCOG meeting that they will do presentations regarding public safety effects on planning. She will provide more information to the Commission at a later time. • Mr. Johnstone gave a brief update on the status of vacancies in the Community Development Department. ADJOURNMENT It was moved by Commissioner CHILVERS and seconded by Commissioner DWYER to adjourn the meeting at 8:45 p.m. The motion passed unanimously. Davis Reinhart, Chair Ann Lazzeri, Secretary Planning Commission Minutes 7 August 20, 2009 City of Wh6atPs,,i- 4:-d gc CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: DATE OF MEETING: CASE MANAGER: CASE NO. & NAME: Planning Commission September 3, 2009 Adam Tietz, Planner MS-09-02/Allen ACTION REQUESTED: Approval of a two lot minor subdivision with dedication of right- of-way LOCATION OF REQUEST: 3885 Upham Street APPLICANT: Thomas R. Ripp (owner's representative) OWNER (S): 3885 Upham Properties, LLC APPROXIMATE AREA: 100,506 square feet (2.31 acres) PRESENT ZONING: R-C, Restricted Commercial ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Location Map Site • C., 00 • 00 f Planning Commission MS-09-02/Allen rB915 NC a'P80 ' R.7 Sao RC _ P, r 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is requesting approval of a two lot minor subdivision with dedication of right-of- way. The applicant would like to subdivide the property at 3885 Upham Street into two lots in order to allow for future development of the southern portion of the property. The new lot to be created (Lot 1) will be 36,491.9 square feet and will remain undeveloped at this time. (Exhibits land 2, Site Photos) Lot 2 will be 64,014.4 square feet in size and will remain "as is" with the office building, parking area, and other improvements in place.(Exhibits 3 and 4, Site Photos) The new lot line will follow the southern side of the parking lot improvements from the western property line to the eastern property line.(Exhibits 5, Subdivision Plat) The proper permission has been given to the applicant by the owner to represent him in the subdivision process. II. EXISTING CONDITIONS The property on which the action is being requested is located at 3885 Upham Street and is zoned Restricted Commercial (R-C). The R-C zone district was established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses which are neighborhood oriented. General retail uses that serve the community or region, wholesaling, warehousing, industrial, and uses which require outside storage are prohibited. The property is a large, square lot, approximately is 2.31 acres in size, which has a multi-story office building with a footprint of approximately 23,300 square feet located on the northern one- third of the lot. There is also a large parking area with approximately 112 parking spaces that serve as parking for the office building. The southern portion of the property is undeveloped except for a drive access off of Upham Street that provides access to the parking area. This drive access also provides an unimproved, substandard access to the property to the south. (Exhibit 6, Aerial Photo) The property is located just north of W. 38`h Ave. As a result, the majority of surrounding uses are generally commercial as W. 38th is a major commercial corridor through the City of Wheat Ridge. The Wheat Ridge Market Place shopping center, which includes Safeway and other general retail, is located directly to the west of this property. Multi-family housing is located to the north of the site and to the east is Wheat Ridge Middle School and the Wheat Ridge Fire Protection District Station. To the south are more neighborhood oriented commercial business and services. III. CASE ANALYSIS Whoever divides, or participates in the division of a lot, tract, or parcel of land into 2 or more lots must comply with the regulations in the City Code Section 26-401. No final plat of a subdivision can be approved and accepted by staff, the planning commission or the city council Planning Commission 2 MS-09-02/Allen unless it conforms to the provisions of these regulations. The regulations are regarded as minimum requirements for the protection of the public health, safety and welfare. The R-C zone district development standards were used to examine the conformance of the newly created lots. Lot 1 (southern lot) The newly created lot is required to meet all development standards of the R-C zone district. There are minimal development standards for undeveloped commercial lots in the City of Wheat Ridge. There is no size requirement for lot area or minimum lot width. Other items such as lot coverage, building setbacks, and landscaping requirements are not reviewed until an application for a building permit has been received. When a building is constructed, it will be required to meet these development standards. Lot 1 will be 36,491.9 square feet (.84 acres) in size with a width 120 feet and a length of 329.12 feet. The drive aisle on Lot 1 that provides access to the property to the south and to Lot 2 will be maintained across Lot 1 until the property is sold or developed as indicated by "note no. 9" in the General Notes of the subdivision plat. Lot 2 (northern lot) There is an existing, multi story office building with parking lot located on the proposed Lot 2 that will remain. As a result of the subdivision, Lot 2 will be reduced in size to 64,014.4 square feet or 1.47 acres. Since there are no minimum standards for lot width, length, or lot area, the lot will remain in conformance and a substandard lot is not being established. The subdivision plat will create a new side yard property line on the southern side of the lot. The existing structure that is on the lot must meet minimum side yard setbacks from the new property line. Structures in the R-C zone district must have a minimum side yard setback of at least 5 feet per story unless the building constructed of masonry or other non-flammable material in which case the structure can be constructed up to the property line. The existing building is constructed of a non-combustible material and may have a "zero setback". However, the building will still be over 115 feet from the newly created lot line. The front, rear and side (northern) yard property lines are not required to be examined since the improvements on the property are already in place and there are not any new front, rear or side (northern) yard property lines being established. Landscaping Landscaping must remain in compliance with requirements after a subdivision of land occurs. The minimum landscaping coverage standard requires 20% of the lot be covered with landscaping. The current regulations for landscaping standards were adopted in 2001. Prior to the current regulations, only 10% of the lot was required to be covered with landscaping. If a property was developed prior to the existing code the property is only required maintain at least 10% landscape coverage. Lot 2 was developed prior to the current regulations being adopted and only is required to maintain 10% landscape coverage. With a lot size of 64,014 square feet, 6,401 square feet must be maintained in landscaped areas. The landscaped area on Lot 2 will exceed the minimum landscape coverage requirement by approximately 2,000 square feet. Planning Commission 3 MS-09-02/Allen Lot 1 will be required to meet the 20% minimum landscape coverage once the property is developed. A landscape plan will be required to be submitted with any construction documents when building permits are applied for to ensure that the minimum coverage is maintained. Right-of-Way Dedication When there is a subdivision of land, dedication of right-of-way is typically required if the street does not meet City standards. The most common right-of-way dedication requires the dedication for the installation of curb, gutter and sidewalk. Dedications can also be required in order for the streets to be widened or to be able construct streets that haven't been built that are necessary to support the proposed subdivision. The subdivision does have frontage along Upham Street on the east side, which has full improvements in place. (Exhibit land 8, Site Photos) Although the road along with curb, gutter and sidewalk has been constructed and is maintained by the City, the section of road along the frontage of 3885 Upham Street has never been formally dedicated to the City for public use. As a result, 25 feet of right-of-way will be dedicated to the city with this plat. The dedication is from the center line of the road to the west, for the full length of the property. Since curb, gutter and sidewalk are all present along Upham St. a Subdivision Improvement Agreement (SIA) will not be required with the recording of this subdivision. Utility Easements Easements for utilities were established around the perimeter of each lot as required by the Code of Laws. The easements meet the minimum standards set in the Code which requires 10 foot easements for all front and rear property lines and 5 foot easements for all side property lines. IV. AGENCY REFERAL All affected service and utilities were contacted regarding their ability to serve the property with respect to this application. The applicant will bear the cost of upgrading any service to the property. The following comments were received by the affected agencies: Public Works: Public Works had minor comments pertaining to the form and content of the subdivision plat. All items have been addressed to the satisfaction of the Public Works Department. Xcel Energy: Xcel has no conflict with the subdivision. Wheat Ridge Sanitation District: The subdivision is within the service area for the district and is served by an 8 inch sanitary sewer main in Upham Street. The sanitation district will be able to serve the subdivided property but further review will be required by the district once construction documents have been received. Wheat Ridge Urban Renewal Authority: The Wheat Ridge Urban Renewal Authority has no objections or comments regarding the subdivision request. Other: All other referral agencies did not to respond to the request for comments which indicates that they have no comment. Typical utility easements are being established around the perimeter of each lot and are shown on the subdivision plat. Planning Commission MS-09-02/Allen V. STAFF CONCLUSION & PROPOSED MOTIONS Because this is a two-lot minor subdivision with right-of-way dedication required, Planning Commission will review the plat and make a recommendation to the City Council. City Council is the final decision making authority. Staff has concluded based on the R-C zone district development standards, all the requirements in an R-C zone district have been met. Because the requirements for a minor subdivision with dedications have been met, a recommendation of APPROVAL is given for Case No. MS-09-02. VI. PROPOSED MOTIONS: Option A: "I move to APPROVE of Case No. MS-09-02, a request for approval of a minor two-lot subdivision plat for property at 3885 Upham Street for the following reasons: 1. All development standards of the R-C zone district have been met. 2. All requirements of the Subdivision Regulations have been met. 3. All required utility easements are being provided. 4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order to meet the standard for a local street width. Option B: "I move to DENY Case No. MS-09-02, a request for approval of a two lot subdivision plat for property located at 3885 Upham Street for the following reasons: Planning Commission MS-09-02/Allen rianwu~ wuunissiun MS-09-02/Allen er . N :'I~L(i [1f11_ 0...?I (III II~iIf,)sl NIS-09-02/AI len Con w OWWRODO 000:20 Exhibit 6 y O i, co S f+ 40 Ls v+dHdn pp ~ M • 1 ._w -14 `t~1 ~co 00 g t! IL 0 11, CD rn m 8 `ti F3 U7 'cr 00 O a a c c ~ U N on o c ~ c o p. WIA 40 k V p A cc Planning Commission Case MS -09-02/Allen 06 MI ROD O Ol ° f f City of W heat -idge COMMUNITY DEVELOPMENT Memorandum TO: PLANNING COMMISSION THROUGH: Ken Johnstone, Community Development Director FROM: Kathy Field, Administrative Assistant DATE: August 28, 2009 SUBJECT: Joint Study Session with City Council You are invited to a joint study session with City Council on Monday, September 21, 2009, at 6:30 p.m. in the City Council Chambers for a discussion of implementation strategies for the Comprehensive Plan. The Preliminary Draft Plan will be mailed or delivered to you by the end of next week for your review. Please bring any questions and be prepared to discuss at the joint study session on Sept. 21St The final community meeting for the Comprehensive Plan Update is scheduled for Wednesday, September 2, 2009, from 6:30 - 8:00 p.m. at the Wheat Ridge Municipal Building (City Council Chambers). The public hearing schedule for the adoption of the Comprehensive Plan is as follows: Planning Commission - October 1st City Council - October 12«