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HomeMy WebLinkAbout04/15/20101141 City of WheatRidge PLANNING COMMISSION AGENDA April 15, 2010 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on April 15, 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 - March 18 & April 1, 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. PUBLIC HEARING A. Case No. WZ-08-05: An application filed by Daniel Dearing for approval of a zone change from Agricultural-One (A-1) to a Planned Commercial Development and approval of a Conceptual Outline Development Plan for property located at 4859 Miller Street. 8. OTHER ITEMS 9. ADJOURNMENT 1~ City of i~9rWh6atWidvcre gPLANNING COMMISSION Minutes of Meeting March 18, 2010 1. 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 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam John Dwyer Dean Gokey Dick Matthews George Pond Steve Timms Commission Members Absent: Marc Dietrick Staff Members Present: ' Meredith Reckert, Sr. Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner DWYER requested an addition to the agenda under "Other Items" to conduct election of officers. It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to approve the order of the agenda with the addition requested by Commissioner DWYER. The motion carried 7-0. 5. APPROVAL OF MINUTES - February 4, 2010 It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the minutes of February 4, 2010 as Planning Commission Minutes 1 March 18, 2010 presented. The motion carried 4-0 with Commissioners BUCKNAM, GOKEY and POND abstaining. 6. 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. 7. PUBLIC HEARING A. Case Nos MS-10-01 & WA-10-02: - An application filed by Keith Gantenbein for Crawford Holdings for approval of a 2-lot minor subdivision plat with a lot width variance for property zoned Residential- Two (R-2) and located at 3400 Wadsworth Boulevard. 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 and reminded the Commission that a super majority vote is required to approve the variance portion of the application. The purpose of the request is to separate an existing dwelling on the west side of the parcel from vacant property on the east side of the parcel for construction of a new;duplex. Staff recommended approval of the variance request for reasons set forth in the staff report. Chair DWYER'asked to hear from the applicant. Keith 'Gantenbein for Crawford Holdings In response to a question from Commissioner BRINKMAN, Mr. Gantenbein stated there is no well or irrigation on the property. A sanitary sewer serves the property. Commissioner GOKEY expressed about snow removal for Lot one if there are 6- foot fences on both sides of the driveway. Mr. Gantenbein stated that a 6-foot fence will be constructed along Wadsworth to prevent the use of an existing dangerous curb cut onto Wadsworth. A 6-foot fence will be constructed along the first 60-70 feet of the north lot line but will not extend all the way to Webster. Ms. BRINKMAN commented that sight distance requirements will have to be met. Mr. Gantenbein stated that he is making a sizeable investment to improve the existing abandoned home and to build two new town homes which will improve the neighborhood. Curb, gutter and sidewalk will also be installed along Webster. He is requesting the variance to make the property more attractive. Planning Commission Minutes 2 March 18, 2010 In response to a question from Commissioner BRINKMAN, Mr. Gantenbein stated that the proposed townhomes will be sold rather than rented. The restored house will also be for sale. Chair DWYER asked to hear from members of the public. Janet Prehn Ms. Prehn stated that she owns the duplex across the street. She asked what the width of the driveway is that serves the single family home. The applicant explained that the "flag" portion of the lot is 20-feet wide so the driveway will come in from Webster Street. Ms. Prehn stated that she was pleased with the applicant's drawings of the proposed townhomes. Leroy Rutetnories Mr. Rutetnories owns the home right behind the applicant's property.- He spoke in favor of the application because it will result in a great improvement to the property. Marian Burgess Ms. Burgess stated that she lives on the comer of 34~' and Webster. She expressed concern that if the townhouses don't sell, they could turn into rentals. There were no other individuals who wished to speak. Chair DWYER closed the public hearing. Commissioner GOKEY applauded the homeowner for improving the property and.providing owner-occupied housing. Commissioner MATTHEWS stated that, although there is some concern about the townhomes becoming rentals, he applauded the owner in his attempt to provide owner-occupied property. Commissioner BUCKNAM stated his support of the application. Without the variance, a "dead zone" would exist that would propose problems for three different landowners. Commissioner DWYER commented that the variance seems rather inconsequential and the property will be improved. He stated his support of the application. It was moved by Commissioner BRINKMAN and seconded by Commissioner MATTHEWS to approve Case No. WA-10-02, a lot width variance considered currently with Case No. MS-10-01 for property located at 3400 Wadsworth, for the following reasons: Planning Commission Minutes 3 March 18, 2010 1. The requested variance is not inconsistent with adjacent development. 2. The subdivision could be designed so that Lot 1 meets the lot width, but it results in an illogical lot layout. 3. The property owner is proposing a substantial investment in the property which will result in the construction of two new contemporary housing units. 4. The majority of the variance criteria support approval of the request. The motion passed 7-0. It was moved by Commissioner BRINKMAN and seconded by Commissioner BUCKNAM to approve Case No. MS-10-01, a request for approval of a two-lot minor subdivision on R-2 zoned property located at 3400 Wadsworth, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. A Subdivision Improvement Agreement with security be provided at the time of subdivision recording. 2. Fees in lieu of parkland dedication be paid at the time of subdivision recording. The motion passed 7-0. 8. OTHER ITEMS A. Mixed Use Forums - 38`h Avenue between Sheridan and Wadsworth Meredith Reckert reminded Commissioners of the upcoming 38`h Avenue Corridor Mixed Use Zoning Forum to be held on March 24, 2010 at 6:00 p.m. in the Council Chambers. Commissioner BRINKMAN asked about the status of the DOLA report. Ms. Reckert stated that the report has been received from the State and the results will be discussed at next week's study session. Commissioner TIMMS commented that the executive summary of the DOLA report is available on the Wheat Ridge 2020 website. B. Election of Officers Dick Matthews was elected to serve as Planning Commission chair. Alan Bucknam was elected to serve as Planning Commission vice-chair. Planning Commission Minutes 4 March 18, 2010 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner GOKEY to adjourn the meeting at 8:00 p.m. The motion carried 7-0. John Dwyer, Chair Ann Lazzeri, Secretary Planning Commission Minutes 5 March 18, 2010 ♦~I( City of l W heat Ride PLANNING COMMISSION Minutes of Meeting April 1, 2010 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: Anne Brinkman John Dwyer Dean Gokey Dick Matthews George Pond Alan Bucknam Marc Dietrick Steve Timms Ken Johnstone, Community Development Director Sally Payne, Sr. Planner Sarah Showalter, Planner II Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner GOKEY requested that Item No. 5 "Approval of Minutes" be removed from the agenda. It was moved by Commissioner DWYER and seconded by Commissioner BRINKMAN to approve the order of the agenda with the amendment requested by Commissioner DWYER. The motion carried 5-0. 5. APPROVAL OF MINUTES - March 18, 2010 (The minutes of March 18, 2010 will be considered at the next Planning Commission meeting.) Planning Commission Minutes 1 April 1, 2010 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There were no members of the public present. Commissioner MATTHEWS stated that he was invited to attend a meeting of the Mixed Use Task Force. He commented that members of the Task Force are experienced, professional and are devoting a lot of time and energy in making mixed use zoning something the city can be proud of. 7. STUDY SESSION It was moved by Commissioner DWYER and seconded by Commissioner GOKEY to adjourn the regular meeting at 7:06 p.m. to conduct a study session. The motion carried 5-0. (This ended the broadcast portion of the meeting.) A. 38th Avenue Subarea Plan This item was presented by Sally Payne. She reviewed the DOLA (Colorado Department of Local Affairs) report and presented an update on planning efforts focused on 38th Avenue. The City received a small grant from Live Well Wheat Ridge to hire a facilitator to assist with planning efforts on 38th Avenue. Staff is working on a Scope of Work for a 38th Avenue subarea plan and requested input from Planning Commission. I Commissioner POND commented that he liked the idea of an umbrella organization to coordinate all of the groups involved. He would like to see it formed early-on in-the process and designed to have long-term continuity. Commissioner MATTHEWS commented that business improvement districts need to be revisited. Commissioner BRINKMAN commented that 38th Avenue needs to be narrowed in order for the plan to work. Some lot widths would also be increased by narrowing the street. Commissioner DWYER asked the meaning of "declaring a main street." Sally Payne noted the DOLA report recommended a council resolution declaring 38th Avenue the city's main street. Commissioner DWYER asked if the plan would include city-initiated zoning along the 38th Avenue corridor. Ken Johnstone commented that this is under Planning Commission Minutes 2 April 1, 2010 consideration. This is one of the questions that will be discussed at a public meeting with property owners to be held on April 8. Commissioner GOKEY commented on the empty windows and outdated buildings along 38th. It is important to look at the city's financial responsibilities associated with this idea. Commissioner MATTHEWS suggested that 38th Avenue be double branded with Prospect Street, which was the original name of the street: B. Mixed Use Zoning Project This item was presented by Sarah Showalter. She attended the first meeting of the Mixed Use Task Force yesterday. The task force is comprised of eight members including designers, architects, developers, property owners and real estate brokers. This first meeting focused on market realities. Ms. Showalter discussed the first draft of the mixed use zoning code and invited discussion by the Commission. An interactive website has been established where citizens can take a survey and make comments about what types of mixed use development they would like to see in Wheat Ridge. A second draft of the code should be ready by early May and will be placed on the website. In response to a question from Commissioner DWYER, Ms. Showalter explained that if a conflict arises in stories versus feet, the most restrictive limit would apply. If we add street-to-building height ratios, they could be different height ratios for different subdistricts. Street width will be considered in relation to building height. Commissioner BRINKMAN commented that it is important to listen to businesses regarding the types of entrances that work best for their particular needs. Screening of parking lots was discussed. Commissioner DWYER commented that security would be increased by having permeable hedges. Commissioner GOKEY commented that landscaping needs to be maintained and that he would prefer to see less landscaping. Commissioner POND commented that he favored the 42-inch limitation for walls and noted that walls, trees, or other vertical elements help define the street wall. Drive-up businesses were discussed. Suggestions from the task force included placing space limitations between drive-up businesses. Another suggestion was to disallow fast-food drive-ups on 38th Avenue in the MUN district. Commissioner BRINKMAN commented that there are various drive up businesses including pharmacies and liquor stores. She didn't necessarily think it was necessary to restrict all drive-up business on 38th. These could be limited to a Planning Commission Minutes 3 April 1, 2010 certain number per type of mixed use. Linear distance between drive-up businesses could be required. Screening could be used successfully for these types of business. Commissioner MATTHEWS also thought "kiosk" type businesses could spring up if build-to lines are not enforced. Commissioner DWYER commented that narrowing 38th Avenue would be self-limiting to drive- through businesses. The number of drive-up lanes for banks was discussed. The first draft allows for one drive up lane in a mixed use district. This would be too restrictive for the interstate and MUC districts. TOD and MUN could be more restrictive. The task force suggested that drive up lanes could be incorporated into the design of the building or screening could be used. Commissioner POND stated he was in favor of allowing site-specific flexibility for drive up lanes for banks. Commissioner GOKEY asked if infrastructure has been addressed in increasing density. Mr. Johnstone stated that staff has had conversations with providers regarding this project. Commissioner BRINKMAN expressed concern about the proposed requirement that illuminated signs be turned off when a business is not in operation. This would prevent some businesses from advertising in the evening hours. Ms. Showalter invited Commissioners to contact her with other suggestions via phone call or e-mail. These suggestions could then be discussed at a future study session. 8. ADJOURNMENT OF STUDY SESSION It was moved by Commissioner DWYER and seconded by Commissioner MATTHEWS to adjourn the study session at 9:10 p.m. The motion carried 5-0. Dick Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 4 April 1, 2010 City of ~ Wheat ldg "e OMMUN[TY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST PRESENT ZONING: CURRENT USE: CASE MANAGER: M. Reckert April 15, 2010 Case No. WZ-08-05/Dearing for 4859 Miller St., LLC Zone Change from A-1 to PCD 4859 Miller Street A-1, Agriculture-One Vacant/miscellaneous buildings ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Planning Commission WZ-08-05/Dearing 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 zone change for property located at 4859 Miller Street from A-1, Agriculture-One to PCD, Planned Commercial Development. II. EXISTING CONDITIONSIPROPERTY HISTORY The property in question is located at 4859 Miller Street is comprised of two parcels and extends roughly 510' to the west from the Miller Street right-of-way. Total size of the two parcels is 1.88 acres. The property under consideration for this zoning request is closely related to commercial activities on adjacent properties. The intent of the zone change is to allow expansion of vehicles for display and sale on 4855 Miller (parcel directly to the south) and to legitimize the use of the western portion which is utilized by the adjacent auto body repair shop for vehicle storage which was constructed without any City approval. The auto body repair facility (Abra) is addressed as 10501 W. I-70 Frontage Road North. (Exhibit 1, aerial photo) The western parcel is devoid of structures although a portion of it has been paved. The eastern parcel has a house on it which appears to be occupied and miscellaneous outbuildings. The front portion (eastern part) of it is surfaced with road base. The current zoning on the subject parcels is A-1 The A-1 zone district is a zone district which allows single family residences and agricultural uses such as general farming operations, greenhouses and landscape nurseries, fish hatcheries and riding stables. The parking of equipment, implements, machinery and trucks is allowed only as an accessory use to an agricultural or public maintenance operation. The existing car lot property to the south is addressed as 4855 Miller and is zoned C-1. 10501W.1-70 Frontage Road (existing vehicle repair facility) is zoned Planned Industrial Development. The Commercial-One zone district allows vehicle sales lots as special uses. The requirement for an SUP for vehicle sales lots has been in place since 2001. The existing vehicles sales property located at 4855 Miller Street is nonconforming to today's standards in the following areas: Use: Vehicle sales lots are a special use in the C-1 zone district. A special use permit was never granted for the car lot use which appears to have been operating since 2001. The commercial vehicle sales standards also require a 1500' separation between adjacent vehicle sales lots. The closest lot is part of the Medved Autoplex on the west side of Parfet Street which is approximately 600' from the subject parcel. Landscaping: The current standard for commercial landscaping is a minimum of 20% coverage. Ten foot wide buffer strips are required along streets with a minimum street tree installation for every 30' of street frontage. In addition, the city's standards for vehicle sales lots include one interior island for every 30 vehicles planted with one tree and five shrubs. In 2008, a perimeter landscaped strip planted with shrubs was installed as a result of code enforcement negotiations. It appears that the landscaping was unmaintained and is no longer living. Planning Commission 2 WZ-08-05/Dearing Paving: All vehicle sales lots are required to be hard surfaced. The property was paved in 2008 as a part of code enforcement negotiations. Architectural and Site Design Manual: The existing structure is 1800 s.f. in size and is made of metal. It was built prior to the adoption of the ASDM and is not required to comply with the architectural standards. The property located at 10501 W. I-70 W. I-70 Service Road (vehicle repair facility) is in compliance with the approved FDP and use allowances for the property. The structure which is almost 20,000 s.f. in size was recently modified with new front fagade treatments. Parcel B to the north, subject to the zone change request, is being used for vehicle storage for the car repair facility to the south. This is not a permitted use in the A-1 zone district. The applicant is requesting zone change approval to allow the interim use by the two adjacent businesses until the property can be permanently developed. As such, minimal improvements are being proposed. Once a more definitive development scenario with new building construction is proposed by the property owner, a specific ODP and administrative FDP would be required. Staff is concerned by the consideration that this is a temporary situation. Most "interim uses" end up being permanent uses with no ability by Staff for enforcement, although a five to ten year timeframe is specified on the ODP document. City staff has indicated to the applicant that because this is the expansion of an illegal nonconforming use (existing car lot at 4855 Miller Street), both the existing sales lot, as well as the expansion area should be looked at as a whole. A comprehensive zone change would allow the southern lot (existing sales lot) to be brought into compliance with both the commercial property standards, as well as the car lot standards. The applicant has chosen not to do this. Staff would normally support a commercial zone change on this property; however, use of this "piecemeal" approach does not provide a benefit for the city. As proposed, the application represents an expansion of a non-conforming use that does not bring the facility into compliance with any applicable development standards. Therefore Staff is not supporting the application as proposed: III. OUTLINE DEVELOPMENT PLAN The applicant has provided a two-sheet outline development plan document (Exhibit 2, ODP document). Sheet 1 contains the legal description and all required certification blocks. Language has been included indicating that this is an interim use. Upon a permanent development scenario, the applicant must receive approved of a specific Outline Development Plan and administrative Final Development Plan. Until that happens, the ODP document specifies that the only proposed uses permitted on the property will be vehicle storage, sales and display. Development standards relate back to the various sections in the zoning and development code for parking, landscaping, lighting, and signage. Sheet 2 of the plan set shows a site plan for the property which depicts the existing asphalt vehicle on Parcel B. The parking on Parcel B was installed without a permit and does not comply with city standards regarding landscaping and storm water quality and detention. Improvements on Parcel A include removal of all existing structures and the road base which will be replaced with asphalt. A 10' wide landscaped buffer area with plantings is shown along the property frontage and one interior island is proposed. If this plan is approved, a note regarding required irrigation should be added. Planning Commission 3 WZ-08-05/Dearing No direct access is provided to Miller Street, rather access easements are shown from the adjacent parcels to the south. If the plan is approved, prior to recording of the ODP mylar, access easements should be created and recorded with reception numbers cited on the ODP document. The Arvada Fire Protection District has indicated that they need an emergency access 24' in width with hard surfacing. IV. ZONE CHANGE CRITERIA The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses and development standards for the property. Staff has the following comments relative to the criteria used to evaluate a zone change application. Planning Commission shall base its recommendation on consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps. The property is zoned Agriculture-One. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, West 50th Avenue was completed when the Arvada Ridge development occurred. The construction of this new street has provided a catalyst for new commercial construction in the area. Continued development of the northern end of the Arvada Ridge property will result in construction of new housing units and a light rail transit stop. (Exhibit 3, aerial photo) Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: 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 property is designated as an Employment area on the Comprehensive Plan Structure Plan. Employment areas are described as existing light manufacturing, storage, warehouse, and other industrial-related uses where adequate screening is provided for adjacent residential neighborhoods. While the proposed car lot expansion does not fit a typical industrial project, it could provide jobs for area residents. (Exhibit 4, Comp Plan Structure Plan) In August of 2009, a new urban renewal plan area was adopted by City Council. The urban renewal area includes the I-70 corridor between 32❑d and Kipling Street and the Kipling corridor between I- 70 and 261h Avenue (Exhibit 5, URA map area) A blight study was conducted with the conclusion that the following items are present in the study area: slum/deteriorated structures, predominance of defective or inadequate street layout, faulty lot layout, unsanitary or unsafe conditions, deterioration of site or other improvements, inadequate Planning Commission 4 WZ-08-05/Dearing public improvements or utilities, unsafe or unhealthy buildings, environmental contamination factors and a high level of municipal service, including code enforcement responses. These conditions of blight "substantially impair or arrest the sound growth of the municipality or constitute an economic or social liability, and are a menace to the public health, safety, morals or welfare". Urban renewal powers include creation of special districts to make public infrastructure improvements, establishment of sales tax increment areas and acquisition of property including the use of the powers of eminent dolman. The plan establishes objectives with respect to appropriate land uses, public and private investments in concert with the goals and objectives of the Comprehensive Plan. The property is designated "employment" on the urban renewal concept map. (Exhibit 6, UR Concept plan). The following are goals identified in the Comprehensive Plan and supported by the Urban Renewal plan. • New development or redevelopment shall be so designed as to be a positive contribution to the entire community and compatible with surrounding uses. • New development should be conveniently located and attractive to accommodate commercial, office and service uses that meet the needs of the City and are compatible, yet well buffered from surrounding areas. • Any development or redevelopment site, whether public or private, shall be reviewed with extraordinary attention to siting, orientation, scale, mix and compatibility of uses, and relationship to on-and off-site community amenities and design elements to make citizens feel more comfortable and safe in and around the development parcel. • New development should preserve and enhance the community's tax base. While the proposed rezoning is generally consistent with the "employment" designations on both the Comp Plan structure map and the urban renewal concept map, the proposal is not consistent with high quality, aesthetically pleasing development envisioned by both of these policy documents. Staff concludes that this criterion has not been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; The property is surrounded by a variety of commercial land uses. To the north is an office/warehouse facility zoned Planned Industrial Development. To the south are properties zoned PID (south of western parcel) and Commercial-One (south of eastern parcel), which if this request is approved, will provide an extension of and support to these facilities. Property to the east is zoned C-1 and contains the American Motel. Abutting the property to the west is the rear of an office/warehouse development. There have been improvements in the vicinity within the last ten years with the relocation of the frontage road's connection to Kipling Street. With the construction of the Arvada Ridge development, W. 50th Avenue was constructed and now serves as the primary traffic connection with Kipling. New development in the 50th/Kipling area is attractive and well maintained. Planning Commission 5 WZ-08-05/Dearing The parcels under consideration for zoning are in need of investment and maintenance by the property and business owners. While the proposed zone classification is not incompatible with commercial zoning and land use to the north and west, the proposed property investment is minimal and also allows for the expansion of an illegal nonconforming use. If the individual parcels were rezoned as a unified whole and properly developed, there could be benefits to the area. The proposed haphazard development scenario, which expands the non-conforming use without addressing the non- conformities, will not. Staff concludes that this criterion has not been met. C. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Vehicle sales do not generate sales tax revenues unless the person buying the vehicle lives in Wheat Ridge, therefore, economic benefits will be minimal. There will be no social or recreational benefits derived from the zone change. There could be physical benefits as some improvements will be made to the eastern portion of the property. Staff concludes that this criterion has not been met. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; Minimal infrastructure is needed to serve the interim use. The applicant will be responsible for any other utility upgrades and installation of curb, gutter and sidewalk upon permanent development. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; Approval of the zone change will not create excessive traffic congestion as it will allow expansion of adjacent uses. Drainage in the area will not be impacted due to the small increase in impervious area. There will be no impact on the amount of light and air to adjacent properties as no new buildings will be constructed. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The applicant has submitted an application for conceptual ODP. Compliance with the Architectural and Site Design Manual will be evaluated upon submittal of a specific ODP. Staff concludes that this criterion is not applicable. Planning Commission 6 W Z-08-05/Deari ng V. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on May 20, 2008. There were no interested parties in attendance at the meeting. VI. AGENCY REFERRALS A referral was sent out regarding the request with responses below. Arvada Fire Protection District: An emergency access from Miller Street will be required. This access should be 24' in width and hard surfaced. Additional requirements will be necessary upon permanent development. Valley Water District: Can serve the property subject to improvements. Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to be installed at the owner's expense at the time of permanent development. Wheat Ridge Public Works: The area of increased impervious surfacing on the eastern parcel is under 10,000 s.f., therefore only water quality treatment is required. A drainage letter was provided regarding the new impervious surfacing and has been approved. The legal description is not consistent with current city datum. If the zone change is approved, a revised legal description will be needed and incorporated prior to recording of the ordinance and ODP mylar. The existing paving on the western parcel was done without city approval and does not meet commercial landscaping or drainage requirements. No additional right-of-way is required for Miller Street. Wheat Ridge Police Department: Can serve. Has made specific recommendations for crime prevention. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that while the Comprehensive Plan and Urban Renewal Plan designate this area as "employment", the proposed investment in the property is minimal and the zone change will result in expansion of an illegal nonconforming use. Staff does not support this type of "incremental" zoning where a commercial use will be entitled with little benefit to the City. Staff would support a rezoning that included the parcel to the south and brought the entire operation into a higher level of compliance with the City's zoning and development standards. The applicant has not indicated a willingness to take that approach. For these reasons, a recommendation of Denial is given for Case No. WZ-08-05. VIII. SUGGESTED MOTION: "I move to recommend DENIAL of Case No. WZ-08-05, a request for approval of a zone change from A-1, Agriculture-One to PCD, Planned Commercial Development, and approval of a conceptual Outline Development Plan for property located at 4859 Miller Street for the following reasons: 1. The proposed rezoning would effectively allow for the expansion of an illegal nonconforming use. Planning Commission WZ-08-05/Dearing 2. The proposed haphazard development scenario will not be a positive contribution to the area. 3. The City's zoning and development code does not make allowances for "interim uses". 4. There will be minimal economic benefits to the city." Planning Commission WZ-08-05/Dearing y Map i } v m c~u ~,,r C N CO) ' i on r 'o 0 cn ~ (D ~ M. FL ~y o 1 • 1 T O ^,y o W t ~ O T o t t; 4 ~ii+ Z ~ a y ~ J ~ 4o O I , uo 4 T ° ~ T.m d 0 O_ O , N ~i 90 s..k v VE A 00, 3 (C) ' Y \ r t al a Y ~ J j n 1 t e i :R ST, ` : xi i EXHIBIT I v ? z M R ~I A~ D E1/E~P ~ ~ T N? zz MILER STREET COMMERCIAL PANNED COM f AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF THE CITY W A TRACT OF LAND LOCATED IN THE SW 1 /4 OF THE SE TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STAT ~EGA~ DESCRIPTION AND DEDICATION: ~~'J l s PROVIDED BY CLIENT RECEPTION N0. F1003436 ALLOWED USES PARCEL A: FOR THE PARKING OF CARS AND LIGHT TRUCKS THAT PART OF THE SOUTHWEST ONE-QUARTER (SW1/4) SOUTHEAST ONE-QUARTER (SE1/4) OF VEHICLES TO BE PERMITTED TO PARK FOR STORAGE, DISPLAY, AND SALES. SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHEAST CORNER SAID SOUTHWEST ONE-QUARTER (SW1/4) SOUTHEAST ONE-QUARTER (SE1/4) BEARS SOUTH 0'30' WEST 485 FEET, THENCE NORTH 89'42' WEST 285.5 FEET, THENCE NORTH CHARACTER OF DEVELOPMENT 0'30' EAST 161 FEET, THENCE SOUTH 89'42' EAST 285.2 FEET, THENCE SOUTH 0'30' WEST 161 FEET TO THE POINT OF BEGINNING, EXCEPT THE EAST 30 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF THE PURPOSE OF THIS OFFICIAL DEVELOPMENT PLAN IS TO REZONE THE PROPERTIES FROM COLORADO. AGRICULTURE-ONE TO PLANNED COMMERCIAL DEVELOPMENT TO ALLOW AN INTERIM USE FOR PARKING, STORAGE, DISPLAY AND SALES, ETC. THIS OUTLINE DEVELOPMENT PLAN IS CONCEPT PARCEL B: NATURE. THE INTERIM USE SHALL BE VALID FOR 5 YEARS. SPECIFIC DEVELOPMENT ELEMENTS THAT PART OF THE SOUTHWEST ONE-QUARTER (SW1/4) SOUTHEAST ONE-QUARTER (SE1/4) OF AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUME SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ARESULT, ANON-ADMINISTRATIVE AMENDMENT TO THIS OUTLINE DEVELOPMENT PLAN MUST B WHENCE THE SOUTHEAST CORNER SAID SOUTHWEST ONE-QUARTER (SW1/4) SOUTHEAST SUBMITTED AND APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF A FIN ONE-QUARTER (SE1/4) BEARS SOUTH 030' WEST 485 FEET, THENCE NORTH 89'42' WEST 541 FEET, DEVELOPMENT PLAN AND ANY SUBSEQUENT SITE DEVELOPMENT. PERMANENT USES AND DESIG THENCE NORTH 0'30' EAST 161 FEET, THENCE SOUTH 89'42' EAST 541 FEET, THENCE SOUTH 030' STANDARDS WILL BE ESTABLISHED AT THAT TIME. WEST 161 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED ON THE CURRENT CITY DATUM AS FOLLOWS: OWNER'S CERTIFICATE BEARINGS ARE BASED ON THE MEASURED SOUTH LINE OF THE SOUTH EAST ONE QUARTER OF SECTION THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGR 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST AS BEING N 89' 27' 18" E BETWEEN FOUND MONUMENTS AS THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED COMMERCIAL c r. _ NOTED HEREON. DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS, AND CONDITIONS CONTAINED IN COMMENCING AT THE SOUTHEAST CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED COMMERCIAL DEVELOPMENT, AND APPROVAL OF THIS ■ i~ THE 6TH P.M.; THENCE NORTH 70'52'17" WEST A DISTANCE OF 144L10 FEET TO THE POINT OF OFFICIAL OUTLWE DEVELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTE BEGINNING, A POINT ON THE WEST RIGHT OF WAY FOR MILLER STREET; PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROVISIONS OF SECTION 1 THENCE SOUTH 89'34'00" WEST A DISTANCE OF 510.92 FEET; OF THE WHEAT RIDGE CODE OF LAWS. i THENCE NORTH 00'12'44" WEST A DISTANCE OF 160.80 FEET; a r THENCE NORTH 893444' EAST A DISTANCE OF 510.96 FEET TO A POINT ON THE SAID WEST RIGHT OF WAY OF MILLER STREET; DAN DEARING THENCE SOUTH 00'12'04" EAST ALONG THE SAID WEST RIGHT OF WAY OF MILLER STREET A DISTANCE P.O. BOX 17420 t" OF 160.69 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1.89 ACRES OR 82,130 GOLDEN, COLORADO 80402 c SQUARE FEET, MORE OR LESS. 303-912-9515 STATE OF COLORADO ) r SS SURVEYOR'S CERTIFICATE COUNTY OF JEFFERSON ~ - ~ I, JOHN D. WIL~EY, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MILLER STREET THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS COMMERCIAL WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY DAY OF A.D. 20__ BY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. NOTARY PUBLIC SHEET I N D E X i JOHN D. WILLEY, PLS #23528 11373 DECATUR COURT 1 COVER SHEET WESTMINSTER, CO 80234 303-635-1673 2 LANDSCAPE AND SITE PLAN NOTES: 1) ALL OFF-STREET PARKING SHALL BE IN ACCORDANCE WITH SECTION 26-501 OF THE WHEAT RIDGE CASE HISTORY WZ-08-05 CODE OF LAWS. i r 2) ALL LANDSCAPING SHALL 8E IN ACCORDANCE WITH SECTION 26-502 OF THE WHEAT RIDGE CODE CROSS ACCESS EASEMENT LANGUAGE OF LAWS. 3) ALL EXTERIOR LIGHTING SHALL BE IN ACCORDANCE WITH SECTION 26-503 OF THE WHEAT RIDGE THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACC _ d CODE OF LAWS. AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 'CROSS-ACCESS/INGRESS EG 4) ALL FENCING SHALL BE IN ACCORDANCE WITH SECTION 26-603 OF THE WHEAT RIDGE CODE OF EASEMENTS', AS ILLUSTRATED UPON THIS PLAN. SUCH GRANT OF EASEMENT SHALL BE LIMITE LAWS. THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FUTHERMORE a. 5) ALL SIGNAGE SHALL BE IN ACCORDANCE WITH ARTICLE VII OF THE WHEAT RIDGE CODE OF LAWS. ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTSTO THOSE ENTERING SAID FROM 6) ARCHITECTURAL DESIGN AND DETAIL SHALL 8E IN ACCORDANCE WITH THE ARCHITECTURAL AND SITE SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUB DESIGN MANUAL. STREETS. 7) BEARINGS ARE BASED ON THE MEASURED SOUTH LINE OF THE SOUTH EAST ONE QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST AS BEING N 89' 27' 18" E BETWEEN FOUND MONUMENTS AS NOTED HEREON. THIS BEARING IS TAKEN FROM THE CITY OF WHEAT RIDGE CITY DATUM SHOWWG NAD 83/92 MODIFIED COORDINATE DATUM BASE. 8) THE COORDINATE SYSTEM USED FOR THIS ODP IS THE CITY OF WHET RIDGE "CURRENT CITY DATUM", A MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE 0502. 8) THE CROSS-ACCESS EASEMENTS SHOWN ON SHEET 2 WILL BE BY SEPARATE INSTRUMEN rKwK v JLr r LK~:)UIN ~,UUIN i Y ~~~KK K~LUKU~K ISSUANCE OF ANY BUILDING OR GRADING PERMITS. < vi v < a 0 BY: ~ 9) LANDSCAPING WILL BE SERVED BY A FULLY AUTOMATIC IRRIGATION SYSTEM. DEPUTY JOB NUM 207-060 DATE: 4/7110 SCALE: NONE SHEET N0: 1 EXHIBIT 2 woo/ AUJANCE CONSULTING ASSUMES ND RESPCNSIBIUTY fOR UTILITY LOCA710NS. 7HE c9 R~ I A~ a E U E L O P M~ T NFORMATION~~IT®S, HOWEYER~THE CONTRACTS S RESPONSIBILITY OSFlEU)Ai~~ Q~ W VERITY THE LOCATION OF Al.l UTILITIES PRIOR TO THE COMMENCEMENT OF ANY Z w ~ ~ W ~ CONSTRUCTION. ® ~ ~ ~ Z Z E- z cn ~ ~ C7 i CITY OF WHEAT RIDGE CONTRACTOR TO ~ ~ ~c cc 1 /n ccr~Tin~i 1 ~ VERIFY EXISTING oa ~U°~n - r I t~ i-- EL N R ~ NP EXISTING ZONING PID w CO C P iN P 00 RP 0 OP ~P PR FICCOINVESTMENTS REC. NO F0057510 EXISTING G FND 1}~" AIUM• CAP BUILDIN LANE ENG. LS 16837 FND i)~" ALUM. CAP LANE ENG. LS 16837 5 PJ FND N0. 4 REBAR ' ; _ SET 1" PLASTIC CAP ON - ► , , _ . 1.$ , _ 58~ 42 E 51100 ,;...REC.. ' ; , _ ExISTTNG FENCE . ; . T0. REMAIN EXISTING REBAR : _ N89'34'44"E 510:96' MEA. 2.19 LS 23528 N89'34`44"E 737.83 MEA. 737.86 REC._• _ - ' , miner- JJ~Ji i. r . - ~ 255:45 ' 5379 2 ~ 255,51 FND 1 _ PLASTIC :CAP ..".,,.,5379, 7 I' N89 4 44"~ _ - , , _ ~ _ ~ . , 5380.2--~. ' I. ; , 0.09 NORTH _ SOT :L#NE . 12 / . e 5380.2 , > UtJREAGAE3LE _ . \ ~ . 226.E €A I _ ` : 2.55 .::,.::..5360:2 5379.7 _ ~z 0.7 , : _ _::__-539'7 . 0. / , . 5380.2'.. EXISTING _ _ , , ~ a HJ C AiN LI K ~ h~ 380.7-' H : 5 N ' r"''•---~"""""> PROPOSED • 1;,, „ FENCE . ' S~ s~ LIGHTING . . g• 4 Z .y1 cr p . N , , 1 ' ` 41, 45 SQ. FT.) uFF a ' ~ B E • ~ n i ~ ~ ` ^ W ,,p rn ~ , EXISTIN ZONING A=, w . I_ 41 085 S FT £ ZONING PC ~ EXI TINT > Q ~ PROPOS _ MAX ' _ `PROP ED ASPHALT--~ BO LDE 5 ' EXISTING ZONING A 1.,:: ` ~ t~ s 101:.>: S RFACE' ROPOSED Gp • ' ` PROPOSED ZONING PCD ,:(PAR, NG ARER) LIGHTING O : '~1' ._f O .P EXISTING RECYCLED ~ ~ EXISTING LER STREET LLC EXISTING BUILDING ~ 5 < ' I'i'i 4859 MIL , ASPHALT SURFACE n ~ j _ g,2 CONC. SLAB 4 TO BE: REMOVED ~ • Y ? Ri ~1 , TO BE REMOVE ~ 5 GP . A fi0 BE REMO D ~ .3 . Q . . ~~5 GP 3 : r{ FUTU!ZE ~ W . I , E.xl~Irvt! ! , : PHALT f CROSS A?KCESS s:.: o EXISTING AS ' -I:'GRESS_ E. ILDI i • .o' PAVEMENT AND PARKING INGRESS TO E3 ~E )VED ~ , z ~ EASEMENTS y F~ : ' x r .••,...~-_,:.:~:;.~----5380? _ FND N0: ,4 REBAR S380, EXISTING ,r ~v : 0.12' SOUTH OF LOT 'LINE ""BtlICQII`t>~< 0 . 5379? , ~ _ 0 BE A 5379.2 i to ! ~ - ? ? 1g. M 255.60 i _ - _ 0.5 _ r I _ cR~ss AecESS ~ ~2' MEA: INGRESS-EGRESS f~; ~ CROSS-ACCESS S89 34 0~ W X10.. ~ O FND PLASTIC CAP INGRESS-EGRESS _ ' ' 0.7~ EASEMENTS _ N89:,42;~t 51~:0O:.;REO ~ ~ LS 2375 EASEMENT'S r~ Q~ ~ 1 . . _ LL ~ p _ _ P.O.B. _ T. z. SET 11t" ALUM. CAP r~;,•a.~ 'S LS 23528 ~ U. W u { ~ ZO"vNG C-1 T EXISTING EXISTING ASPHALT ; ~ ' PAVEMENT AID PARKING EXISTING BUILDING ~ ~ r _ LLC Z ::4859 MILLER STREET, i { ~ 432 o;, REC. NO F1003 i ; EXISTING ZONING _ - ~ i ~ I ` EXISTING ASPHALT Z d U PAVEMENT AND PARKING p DANIEL R. DEARING 0 R INDUSTRIAL PARK j BECKS N _ I EXISTING .p I ' BUILDING -P ~ J ;:.I,,, C i m ~ ' I TING ZONING C-1 m; EX S N: i , ` is , I S O t ' TI rn O ~ ; EXISIING'ASPHALT _ _ . ' PAVEMENT AND PARKING 10501 "WEST 48.TH AVENUE,'"tLC „ ~ , , r~ l REC N0. F100 4 S D _ 0 _ v .t SITE DATA TABLE G NOTE: LANDSCAPING 1>~LL BE SERVED BY A FULLY AUTOMATIC PARCEL NATIVE GRASSES LANDSCAPING BUILDING PAVIN 4„ o SF IRRIGATION SYSTEM. PARCEL A 71.71% 4.24 0% 24.05X 1 PARCEL B 0 SF 0 SF 63.18% OX 0~ 36.8 TOTAL OF 0 SF 80TH PARCELS 67.44 2.12?6 0% 30.44X i  IN FEET)UU <o a 1 inch = 30 U.S. Survey Feet N CASE HISTORY WZ-08-05 BASIS OF BEARINGS: BEARINGS ARE BASED ON THE MEASURED JOB NUMBER: SOUTH LINE OF THE SOUTH EAST ONE QUARTER OF SECTION 16, 207-060 TOWNSHIP 3 SOUTH, RANGE 69 WEST AS BEING N 89' 27' 18° E DATE: BETWEEN FOUND MONUMENTS AS NOTED HEREON. THIS BEARING IS 4/7110 TAKEN FROM THE CITY OF WHEAT RIDGE CITY DATUM SHOWING NAD SOME: 83/92 MODIFIED COORDINATE DATUM BASE. 1" = 30' SHEET NO: of Envision WHEAT RIDGE A Plan For A Bright Future 1. ASSETS u :Lr` f2. FOUNDATION Neighborhoods see Chapter 3 Criteria for diNemrent Neighborhood types Neighborhood Buffer Area Mixed-Use Commercial Z^N k;~ _ ~ Wit.. 1 0 0 N 10 !J M= 9-1 ■A The Structure Plan provides strategic guidance for future ' $ c RF: k development and redevelopment efforts. The categories ;s ♦ y displayed on the structure Plan show the general locations of desired future land uses, but the map symbols (especially corridor widths and sizes of activity centers) 14 are not intended to depict precise boundaries. I ,k !x qa. , zz re'; 4. ACTIVITY CENTERS Regional Commercial Center Community r, Commercial Center Neighborhood Commercial Center Primary Employment Center aty or / wheat Pidge EXHIBIT 4 . Public uotjduDSaQpurl'uoalruyao'uoijn~07 nayydanjnS b 14 l a,~~_•;` t'~.f ~,a~~i'+}'-° ~..J*x O %t o n t 1 - t. r e 'C 0 ~ ~ } • 1 lit _ ~ _ ' cr 0. 9 k• m °l ~4s. s r>r R iy .tk _ I"sSb• A,i ya- £p} ally.. ~ \ ~ ~ it-P 1 b 7k Fs 9 IL F• _ ~y 1.1.''~ 3 r C~ ~t s~'r"~-, ~ ; i s 'ti ~ ~ ,g .e: ~ '~a: , jsl pit r, j s~ s. J ~p ! ~ ~ • ' ,1 { ri F 'n~~.ap t➢ _ ..n {may. Ff ~ A- *IN C~ t IC3 art - F 1 ~ ~ ' oo- ~ \~1 , li~. r~ ~.t', ",'Y I''t• ..3 _ Imo.. - 5~~t Y j3 r~' a ~ A. t PI .+w'! # i P ~S'p*i,I o ~.~y Y ,x • ~ t_.~ f f 7E` 3 Lam J € ~ - s C r ..r add ~tln.`~ r t +r3 2 .y. i T. 1 ~A i ~t .rr7' 8 _ '~'1.. 'u4oon '~~1; i_ t ~ ii" Il!puoD Saopiaao-) but/d/)/COL-1 EXHIBIT 5 LAG • ~ ~ „•ccp9 fmpl°Y'nnnr s F 1 Commercial ALL ~ _ ~ Cottid°r ~ ~ . G1eat Gtee 3 01", ~9: .,._.0nt u _ I rw"u....r,rs~r awwa s.w.aw ~ LMaVE'. y 6 C i r _ Stable ResldenrivlNerghC.r~rtxids t E i o i r y ~ . o i 1-701 Kipling Road Corridors Urban Renewal Concept Map OS • t ++m~x,mo 0 Legend p. Li:i AND CC~NSUL.TINC, GROUP (20 Buhl 2009) 43 F CUTRTT 6