The URL can be used to link to this page

Home My WebLink AboutWZ-14-04City of What p, Ij, "dgle RKMMUNi-ry DEVELOPMENT , City of Wheat Ridge Municipal Building 7500 W. 29"' Ave, Wheat Ridge, CO 80033-8001 P: 303,235.2846 F: 301235.2857 MMIMEM Kevin Marchitto 3930 Youngfield Street Wheat Ridize. CO 0033 At its meeting of June 9, 2014 City Council approval of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield Street for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws, 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112- E of the Code of Laws. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Development. 2. All appropriate state and city requirements be met by the proposed facility. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kim Waggoner Administrative Assistant Enclosure: Draft of Minutes WZ1404RMBICC,doc wwwxi.wheatridgexoms make 391h Place a through street. Mr. Hohl believes that 39th Place is too narrow to become a through street and that Fenton is a better exit option, # # ..... ..... e u ent; Council approval is necessaryJ ear 2014 General Fund Budget to reflect the at gr r r r r#*nhance the Bod's Crossing ea ouncil on July 7, 2014, due to the from the UrbR Renewal Whe� [The April instj arrangement.,, 0 M� UA, carried 7-0 ��91T:Mrlff!l IM Of the soles t crement shore bock to Urban Renewal. This 1981 -1 A ber, 2014, nding the isc r 2014 General Fund Budget to reflect the dget "qtr r##i ti# ount of $5,626 to fund a Part -Time tion at th I t idge Historical Park was eliminated in 2002 budget cuts.] pprove the consent aeenda* 'It; 2, Council Bill No. 04-2014 —An Ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow Marijuana Research and Testing on property located at 3924-4096 Youngfield Street (Case No.WZ-14- 04/RMBI) : I 111511*1 0 it lained this is a V-es � f L 7WL site, but requests approval of the additional use (marijuana testing). It does not allow for any retail sales, cultivation or manufacturing. The Planning Commission approved this request. Council Questions Councilmember Urban asked if the scope any ingesting. - No, and testing parame Councilmember Langworthy received coij the full lot, the marijuana testing will, Occur description of which will be formaliied ani Mayor Jay asked that since this lab " had to be added. Mr. Johnson explained 1 allowed in our code, but marijuana testing Councilmember Wooden asked if the busi individual, and where they 14� W 6 a V W 9 »## ve uncil Bill No-04�-11II 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws, 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation, 3The requested rezoning has been found to comply with the "criteria for review" in Section 26- 112-E of the Code of Laws. 1. The additional uses o{marijuana researchamdteshnsbeaUovuedonk/mnLot�oftheYounef�kd nn Plaza Planned Deve>opemt. ' Young field All applicable state and city requirements bemet bythe proposed facility, Seconded byCound!nmeroberDO[uU|o; Cound/rnernberWooden announced she will 6evoting against this. She noted that both owners ofthis business live |ncities that have banned marijuana businesses. They are coming toWheat Ridge for the business and wewill have the results and ramifications ofthat. L----' Motion carried 6-1'with CnuncQmne,nberWooden voting no. sit se distance o harmonize anufacturers' applications This ordinance adopts restrictions on marijuana cultivation, drying, processing and manufacturing in Motion by Councilmember Starker to approve Council Bill No, 06-2014, an ordinance amending Chapters 26 and 11 of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11-321(b)(8) concerning applications for primary care -giver licenses, _ .hua+R•a�� WZ-14-04 / RMBI 3924-4096 Youngfield Street Request for approval of an amendment to the Youngfield Plaza Planned Commercial �! Development Outline/Final Development Plan City Council rL PCD I D r s• I' R-1 R-1 A June 9, 2014 YOUN MILD __LAZA r 2/18/2015 Marijuana 2000 - Medical use of MJ approved by voters 2009 — Dispensaries appear as alternative medical shops 2010 — State adopts regulations for MMJ 2012 — Recreational use of MJ approved by voters 2013 — City approves legislation to allow retail MJ, retail MIPs and testing facilities April of 2014 — City Council approves moratorium on new MIPS and testing facilities July of 2014 — Slate requires mandatory testing of MJ products This application was already in process when moratorium was passed so it can proceed forward Planning Commission Action Approved at a public hearing held on May 15, 2014 Recommended approval with the following conditions: No testimony from other parties Process Amendment to ODP regarding uses follows a zone change process Neighborhood Meeting: - Held on March 25, 2014 - No attendees present from neighborhood Referrals: No concerns from any agency including fire, public works and police No proposed changes to property at this time Staff recommendation Staff recommends APPROVAL of the request: • All utilities and infrastructure are already in place • Amendment to the ODP/FDP is supported by Envision Wheat Ridge • Should have a positive economic impact on the city • Should fulfill a need at the state level for required testing • Evaluation criteria support approval City of Wheat", ge RE UEST FqR CITY i ITEM NO: a DATE: June 9, 2014 COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2014 - AN ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE NO. WZ-14- 04/RMBI) ® PUBLIC HEARING ❑ ORDINANCES FOR IST READING (5/12/2014) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (6/9/2014) ❑ RESOLUTIONS QUASI -J DICIAL:k12 YES F1 NO J _ Community Developm t Directd'�i3 City anager ISSUE: The applicant, Rocky Mountain Biosystems, Inc. (RMBI), requests approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3924-4096 Youngfield Street to allow additional uses on the property. The additional uses proposed are marijuana research and testing. No physical changes are proposed for the property. The existing ODP is comprised of 9.7 acres and contains two structures with 130,000 square feet of building area. The applicant has been operating at this location for the past eight years, conducting other research and testing activities. To add the additional use on the property an amendment to the Youngfield Plaza ODP is required. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on May 15, 2014. A recommendation of approval was made for the following reasons: Case No. WZ-14-04/RMBI CAF — Amendment to Youngfield Plaza PCD and ODP June 9, 2014 Page 2 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the city. 2. The rezoning request is consistent with Envision Wheat Ridge, the city's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: The additional uses of marijuana research and testing be allowed only on Lot 1 of the Youngfield Plaza Planned Development. All appropriate state and city requirements must be met by the proposed facility. There were no members of the public who testified regarding the application. The staff report and meeting minutes from the Planning Commission public hearing are included as attachments with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1,375 were collected for the review and processing of Case No. WZ-14-04. If the proposed amendment is approved, there could be an advancement of the city's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: Subject Property City It is zoned PCD, is comprised of 9.7 acres and has street frontage on Youngfield. The applicant's current laboratory operations occupy three units (9,000 square feet) in the easternmost building. According to Jefferson County Assessor's records, the structure is listed as an office/warehouse. The applicant is a biomedical company that conducts research and development of medical devices, surgical technologies, and pharmaceutical and vaccine delivery. The applicant wants to expand their services to include marijuana testing and research. Surrounding Land Uses The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision. Immediately to the west is the I-70 corridor. Further to the west across I-70 is the vacant Clear Creek Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential -One (R-1) and Residential -One A (R -IA). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture -One (A-1) and Agriculture -Two (A-2). Outline Development Plan and Proposed Modifications The city's Planned Development approval process is a two-step process. The first step is the zone change and approval of an Outline Development Plan (ODP) and the second step is approval of CAF — Amendment to Youngfield Plaza PCD and ODP June 9, 2014 Page 3 the Specific Development Plan (SDP). The ODP is used to establish development standards including the allowable setbacks, density, and other zoning parameters. It also includes atementa list Of permitted land uses. Because marijuana research and testing is not listed in the intent st listed on the Planned Development, it is currently not allowed. There are no changes proposed to the SDP for the property. The application has been through the standard referral process with no concerns raised by any outside agencies or city departments. RECOMMENDED MOTION: "I move to approve Council Bill No. q4-2014, an ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow marijuana research and testing on property located at 3924-4096 Youngfield Street, on second reading and that it take effect 15 days after final publication, for the following reasons: I I City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. With the following conditions: I The additional uses of marijuana research and testing be allowed only on Lot 1 of the Youngfield Plaza Planned Development. 2. All applicable state and city requirements be met by the proposed facility." W "I move to deny Council Bill No. 04-2014, an ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow marijuana research and testing on property located at 3924-4096 Youngfield Street for the following reasons: 1. 2. 3.11 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager CAF — Amendment to Youngfield Plaza PCD and ODP June 9, 2014 Page 4 ATTACHMENTS: 1. Council Bill No. 04-20.14 2. Planning Commission StaffReport with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO.04 ORDINANCE NO. Series of 2014 TITLE: COUNCIL 13ILL NO. 04-201ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE NO. WZ-14-04/RMBI) WHEREAS, Chapter 26 of the Wheat Ridge code of Laws establishes procedures for the Citys review and approval of requests for land use cases; and, WHEREAS, Rocky Mountain Biosystems, Inc. (RMBI) has submitted a land use application for approval of an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow marijuana research and testing on property located at 3924-4096 Youngfield Street; and, 111AEREAS, the proposed ODP amendment is supported by the City's Comprehensive Plan—Envision Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by RMBI for approval of an amendment to the Youngfield Plaza PCD Outline Development Plan for property located at 3924- 4096 Youngfield Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an ODP amendment is approved for the following described land: Lot 1, Youngfield Plaza, County of Jefferson, State of Colorado. Section 2. Vested Prope_qy Rights. Approval of this ODP amendment does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Attachment 1 city Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section,,4. Severability; Conflicting Ordinance Regealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional o otherwise invalid, the validity of the remaining sections, subsections and claus shI ll not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. I Section 5., Effective,Q§% This Ordinance shall take effect 15 days after fin"q, publication, as provided by Section 5.11 of the Charter. I INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 12th day of May, 2014, ordered it published with Public Hearing and consideration on final passmoi. set for Monday, June 9, 2014 at 7 p.m., in the Council Chambers, 7500 West 29t Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication, READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to -, this _ day of 2014. SIGNED by the Mayor on this _ day of 2014. Joyce Jay, Mayor Janelle Shaver, City Clerk Gerald Dahl, City Attorney ist publication: May 15, 2014 2 nd publication: Wheat Ridge Transcript: Effective Date: City of -Wheat e �iMUNITY DEVELOPMENT "g CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: May 15, 2014 CASE NO. & NAME: WZ-14-04/Rocky Mountain Biosystems (RMBI) ACTION REQUESTED: Approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) LOCATION OF REQUEST: 4096 Youngfield Street — Development address 3924 Youngfield Street — RMBI tenant space PROPERTY OWNER: Lee Kunz for Youngfield Plaza, LLC APPROXIMATE AREA: 9.7 acres PRESENT ZONING: Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Mixed Use Commercial, Primary Commercial Corridor ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commission W Z-14-04/RMB I Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of an amendment to an existing Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3934 — 4096 Youngfield Street. The purpose of the amendment is to allow additional uses within the existing planned development. (Exhibit 1, Applicant letter) A modification to a planned development district Outline Development Plan is processed as a zone change. Planning Commission will be making a recommendation to City Council who is the approving authority. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 4096 Youngfield Street and is currently zoned Planned Commercial Development (PCD), having been rezoned from A-1 in 1980. The zone change was for 18 acres of land which was later subdivided into four adjacent properties. All four lots have frontage on Youngfield Street and run north from the bluff along 38`h Avenue to the south side of the Clear Creek greenbelt trailhead. (Exhibit 2, Subdivision Plat) An ODP plan was approved which set allowable uses and general development parameters for the entire 18 acres. Uses permitted were generally taken from the industrial uses listed in the code of laws and included business offices, service establishments, banks, retail and wholesale businesses, manufacturing, processing and assembly. While laboratory research and testing is a permitted use under the broad category of processing, it does not specify that any uses which are marijuana -related are allowed. Marijuana testing facilities are permitted in the City's C-1 and I/E zone districts. The applicant is proposing an amendment to the allowed uses in the ODP for the research and testing of marijuana products. The property under consideration is Lot 1 of the Youngfield Plaza subdivision which is the southern- most lot of the original plat. The property is comprised of 9.7 acres and has two structures on it. The applicant's current laboratory operations occupy 3 units (9,000 square feet) of the 64,335 square feet easternmost building (Building B). According to Jefferson County Assessor's records, Building B is listed as an office/warehouse, and was built in 1982. (Exhibit 3, Final Development Plan). The applicant is a biomedical company that conducts research and development of medical devices, surgical technologies, pharmaceuticals and vaccines. The applicant wants to expand their services to include marijuana testing and research. The address for the planned development is 4096 Youngfield but the RMBI tenant space is 3924 Youngfield. The marijuana testing component will be restricted to one area of the lab and will be separated from the rest of the testing facility. The laboratory will only operate under the privileges granted to it by the State License Authority. The testing facility will accept samples of retail marijuana or retail marijuana product from retail establishments only. The facility is not authorized to engage in manufacturing or sales and may only perform tests on samples that the Retail Marijuana Testing Facility is certified by the state to perform. The testing facility will maintain strict monitoring and documentation for quality assurance programs mandated by the state. Planning Commission 2 WZ-14-04/RMBI The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision used for RV sales. Immediately to the west is the 1-70 corridor. Further to the west across I-70 is the vacant Clear Creak Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential -One (R-1) and Residential -One A (R-1 A). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture -One (A-1) and Agriculture -Two (A-2). The following is a timeline regarding the introduction of legalized marijuana in Colorado and the City of Wheat Ridge: • The medical use of marijuana was approved by Colorado voters in 2000. • By 2009 dispensaries began to appear as alternative medicine shops in some Colorado cities, including Wheat Ridge. The first medical marijuana shop in Wheat Ridge opened in 2009 just north of the Red Lobster Restaurant on Wadsworth. • In 2010, the state legislature adopted statutes to regulate medical marijuana. • Medical marijuana centers, grow operations and MTP's (medically infused products) production are permitted uses in the C-1 and I/E zone districts. • Recreational marijuana was approved by 55% of Colorado votes in 2012. • The Wheat Ridge City Council adopted an ordinance to allow retail marijuana, retail MIPs and testing facilities in October 2013. • Direct sales tax revenues from medical marijuana centers in 2009 were about $8000. • In 2013, direct sales tax revenues from retail and medical marijuana were over $87,000. • On April 28, 2014, City Council approved a moratorium on new MJ testing locations. Because this application was "in process", it can proceed through public hearings. • In July 2014, mandatory testing of marijuana products will be required by the State. III. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While the new uses would be permitted, no changes are proposed for the property. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All infrastructure and property improvements are already in place. Modifications to the interior of the structure for processing the new component are not required. Planning Commission 3 W Z-14-04/RMB 1 Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (l) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the City's comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of areas and corridors. In the Structure Plan, Youngfield Street is shown as being a Primary Commercial Corridor. Goals identified for Primary Commercial Corridors include focusing on retaining existing commercial businesses and maintenance and upgrade of developments along the corridor. The area is also designated as Mixed -Use Commercial which has identifies goals of having commercial areas with mixed office and employment and encouraging long term infill, redevelopment and reinvestment. Other goals identified in Envision Wheat Ridge include retention and diversification of the employment base and generation of new primary employment opportunities. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There is no evidence of an error with the current Planned Commercial Development designation as it appears on the City's zoning maps. Planning Commission 4 WZ-14-04/RMBI Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. There have been changes to the western portion of the city that have impacted the Youngfeld corridor. Most notably is the approval of the Clear Creek Crossing development which could allow over 800,00 square feet of retail, service, office and/or residential. There have also been infrastructure improvements including the widening and improvement of Youngfield, construction of the 40`h/1-70 underpass and improvement to the interchange movements between State Highway 58 and 1-70. Although the zone change is not facilitating redevelopment, the completed improvements and intensification of the corridor promote expansion of uses and employment base along the corridor. Staff concludes that this criterion has not been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. When the Comprehensive Plan was adopted, the state of Colorado and local municipalities were in the initial stages of understanding and regulating the marijuana industry. As such, the plan did not address the impacts, positive or negative, of this new economic force. The requirement for testing and the ability to accommodate the new State mandate should have a positive economic impact on the City and fulfill a state-wide need for this type of facility. Staff concludes that this criterion has been met. IV. NEIGHBORHOOD MEETING The required pre -application meeting for neighborhood input was held on October 14, 2010. There were no area property owners or residents in attendance. V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. Wheat Ridge Fire Protection District: No concerns. Wheat Ridge Public Works Department: No traffic or drainage impact; therefore, no concerns or comments. Wheat Ridge Economic Development: No objections. Planning Commission 5 W Z-14-04/RMB I Wheat Ridge Police: No concerns with crime or traffic. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the additional uses for the research and testing of marijuana products will fulfill a state-wide need and should result in an economic benefit to the City. No physical changes are proposed for the property so there should be no negative impacts to the area. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ-14-04. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the City. 2. The rezoning request is consistent with Envision Wheal Ridge, the City's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Development. 2. All appropriate State and city requirements be met by the proposed facility." Option B: "I move to recommend DENIAL of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: 1. 2." Planning Commission 6 W Z-14-04/RMB 1 EXHIBIT 1 March 25, 2014 Narrative for inclusion in application package regarding a proposed zoning amendment at Youngfield Plaza, Wheat Ridge, Colorado. by Rocky Mountain Biosystems, Inc. Rocky Mountain Biosystems (RMBI) was incorporated as a biotechnology corporation in Colorado in 200I and operates a multi-million dollar research facility in Wheat Ridge, Colorado. RMBI seeks to amend the current restrictive zoning in order to expand its research and testing capabilities. The company performs research and product development in pharmaceutical delivery systems, surgical wound closure and aesthetics. The current research focus is on vaccines, pain control and treatments for aging disorders that affect hundreds of millions of individuals around the world. The company's flagship medical device recently won an FDA clearance for treatment of pain and will also provide aesthetic improvement for dermatologic patients the world over. RMBI's research has now moved into examining the role of cannabinoids, particularly cannabidiol, also known as CBD, in unique new therapies for a range of conditions. Recently, several news reports described how CBD has dramatically changed, and likely saved the lives of hundreds of severely epileptic children. These children have debilitating seizures 20 to 40 times a day. With the new application of CBD, the seizures are reduced to nearly zero. CBD has also been recognized for years as a treatment for anxiety, chronic pain and for sleeping disorders. CBD is just one of the many interesting compounds believed to have therapeutic benefit from the hemp plant. Marijuana differs from commercial hemp in that it contains even more substances that have both physiological and psychoactive effects. RMBI has initiated a research program to study the effects of some of the chemicals in the hemp plant, but is currently prohibited from performing the far-reaching research using the marijuana plant due to city zoning restrictions. RMBI is seeking a zoning amendment that will allow medical marijuana research and testing in its current facility. The amendment will allow the company to extend its analytical testing and medical research capabilities to include testing and research of cannabis derived materials that are believed to have medicinal effects valuable for the treatment of conditions that include cancer, epilepsy, sleeping disorders and for management of chronic pain. These testing services are a critical need for the fledgling industry in order to provide safety and understanding for products throughout the industry. The company will not be engaged in the distribution or sale of any marijuana products. There will be no effect on existing zone districts, or development and physical character of the surrounding area. Access to the area and traffic patterns will not be affected. It is expected that the company will hire additional staff as the need arises, however current facilities are sufficient 1 to accommodate these needs and any anticipated visitors. The utilities on the premises are sufficient for all projected use. There will be no additional burden on services to the premises and surrounding areas with regard to fire, police, water, sanitation, roadways, parks, schools, etc. The proposed amendment is in line with current city policies which support the existence of marijuana related businesses within city limits. In fact, the proposed change is supportive of the city of Wheat Ridge, its policies and its businesses. The research and testing of these materials has been mandated by the State of Colorado, and the development of a strong regulatory environment and compliant operations will ensure that related businesses operate within good business practices, and according to legal requirements. 2 EXHIBIT 27.1 ) " ; CONSU{ 11NC EM(.REfERSAIIC, , FINAL PLAT WAft ! OEN".COLMA80$0x0211 YOLOXW EL0 PLAZA 1 1 I I El EXHIBIT 3 �_4 1. 2. 3. 4. 5. 6. City Of 1�9�Nw6atRj(joe- -�—qcz::p PLANNING COMMISSION Minutes of Meeting May 15, 2014 CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent Staff Members Present PLEDGE OF ALLEGIANCE Anne Brinkman Alan Bucknam Emery Dorsey Silke Popp Scott Ohm Steve Timms Amanda Weaver Meredith Reckert, Senior Planner Kim Waggoner, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner BUCKNAM to approve the order of the agenda. Motion carried 5-0. APPROVAL OF MINUTES — April 17, 2014 It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the minutes of April 17, 2014, as written. Motion carried 4-0 with Chair BRINKMAN abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes May 15, 2014 Attachment 3 7. PUBLIC HEARING A. Case No. WZ-14-04: An application filed by Rocky Mountain Biosystems Inc. for an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield St. Ms. Reckert presented the case. She entered into the record the contents of the case file, the zoning ordinance, the subdivision regulation and the digital presentation. She stated the public noticing and posting requirements have been met. A modification to a Planned Development Outline Development Plan is processed as a zone change and Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. Commissioner OHM asked which properties were notified and if there are any setbacks from schools. Ms. Reckert stated notification requirement is a 300 -foot radius around the property and there are no setbacks for testing facilities. In response to Commissioner OHM's questions, Ms. Reckert stated the Fire Department reported they had no concerns with the additional testing. Commissioner DORSEY confirmed the location of proposed testing facility. Ms. Reckert stated the applicant is not expanding their current space just expanding the materials being tested. Commissioner BUCKNAM asked about protocol for secure transport of samples to the testing facility. Ms. Reckert stated there are state requirements and deferred to the applicant. Chair BRINKMAN asked if there are different levels and capabilities of testing facilities and asked if the revenue from this type of business can be deposited into a bank. Ms. Reckert deferred to the applicant. Kevin Marchitto 15403 W. 51st Place Golden, CO The applicant provided background information about the company. He stated their interest includes research and testing of marijuana and cannabis related substances including Cannabidiol (CBD) which is a substance in marijuana thought to have medicinal properties and industrial hemp. CBD is not a psycho active component of cannabis. The intent is to bring some credibility to the research. Compliance testing is critical because RMBI thinks there are some real medical benefits to marijuana and some of its components. The regulations are critical and add credibility to the industry. He stated they have a good record with following compliance guidelines. Their intent is to set the standard for marijuana testing. They intend to become a state of the art facility Planning Commission Minutes -2— May 2—May 15, 2014 and perhaps set the standard for the state and country. He stated they have a DEA license to research narcotics compounds. A bonded registered courier with an occupational license from the state will pick up the samples and bring materials to the facility. The samples will be documented and secured. The facility has a high level of security. Material will be checked out for testing including weight and measurement. A report will be generated after testing. Any waste materials will be disposed per the state regulations. Commercial DORSEY inquired about the leased building for use of cannabis. The applicant stated there are currently three units and the'plan is to restrict testing to one unit. Commissioner OHM asked if there would be any extractions or use of solvents. The applicant stated technically yes but they do not extract for preparation or retail purposes. The amounts extracted are minimal for testing. Fume hoods with safety glass will be utilized. Commissioner OHM asked if CO2 is used as a solvent. The applicant stated no, not currently. There is a chance they might do some research on extractions and use CO2. The risk of explosion and toxic contaminates is removed with CO2 extraction and is considered safe. Commissioner OHM asked the applicant if he was aware of the conditions under state law Colorado revised statue 12-43.3-202 that is specifically about medical marijuana concentration requirements for CO2. The applicant stated he is aware of the condition and is compliant. Chair BRINKMAN asked the applicant if there are different levels of testing facilities and asked if RMBI is considered a compounder. The applicant stated there is only one level of testing and they do some compounding for vaccines. He stated this type of facility is not allowed to retail marijuana products. He does anticipate developing technology for compounding CDB in the future and passing it on to a retail operation. Chair BRINKMAN asked if banks are allowed to accept revenue from testing and research of retail/medical marijuana. The applicant replied yes. Commissioner DORSEY asked if the applicant will be testing infused products for retail for the state. The applicant stated they will be testing all materials. The state can designate any tester that they want. He stated they intend to be a high quality testing facility and go for the state business as well. Commissioner POPP asked if trials will be conducted with human or animals. The applicant stated they haven't planned any studies with human or animals at this point. RMBI goes through an internal review board for a clinical study and is regulated by the National Institute of Health and defined by government standards. He stated they follow Planning Commission Minutes -3— May 3_May 15, 2014 national federal guidelines for trials with animals. The facility is accredited and inspected twice a year. Human studies have to be reviewed and approved by an outside source. Commissioner POPP asked if human trials could be in Colorado. The applicant stated yes because of the laws and transport laws. Commissioner DORSEY asked who has jurisdiction to oversee the testing. The applicant stated the state is putting an accreditation system in place by July 1. Chair BRINKMAN closed the public hearing since no one in the audience wanted to speak. It was moved by Commissioner POPP and seconded by Commissioner BUCKNAM to recommend approval of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the City. 2. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot 1 of the Youngfield Plaza Planned Development. 2. All appropriate State and city requirements be met by the proposed facility. Motion carried 5-0. 8. OTHER ITEMS A. Ms. Reckert stated there is a land use case scheduled for public hearing on June 5. At this point there is nothing scheduled for June 19. Commissioner POPP stated she will not be able to attend on June 5 and 19. B. Commissioner OHM inquired about the historical Brownfields bill signing and if the portion of the Go Ford site that the city bought is going through remediation. Ms. Reckert stated yes. 9. ADJOURNMENT It was moved by Commissioner BUCKNAM and seconded by Commissioner Planning Commission Minutes -4— May 4—May 15, 2014 OHM to adjourn the meeting at 7:51 p.m. Motion carried, -5-0. Anne Brinkman, Chair Kim Waggoner, Recording Secretary Planning Commission Minutes -5— May 5_May 15, 2014 City of -Wh6atR�ijge POSTING CERT1171CATION CASE NO.,_I&Z,, PLANNING COMMISSION (:(,ITN7 CO! NCI )BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 1, j -xin-LAh f i - residing at— 3 (12- Lk as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at Q r C4 - v 0 c a t i o'n) on this dayof and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign Nvas posted in the position shown on the map below. Signature: NOTE: This formust be submitted at the public hear in n on this case and will be placed in the applicant's case file at the Community Development Department. CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE CITY COUNCIL NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No, Z-14-04, an application filed by Rocky Mountain Biosystems Inc. for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield Street will be held in the City Council Chambers, Municipal Building at 7500 West 29`1' Avenue, Wheat Ridge, Colorado, on June 9, 2014 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice including a map is available in electronic form on the City's official website, www.ci.wheatridge,co.us, Legal Notices. Copies are also available in printed forin in the Community Development Department. Published: Wheat Ridge Transcript, May 22, 2014 NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on June 9. 2014, at 7:00 p.m., in the Council Chambers of the - Municipal Building at 7500 W. 2 91h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. individuals with disabilities are encouraged to participate in all public meetings sponsored by the City ref Wheat Ridge, Call Heather Geyer, Public Information Officer at 303-235-2,826 at least one week in advance of meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-04: An application filed by Rocky Mountain Biosysterns Inc. for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield Street and is legally described as follows: Lot 1, Youngfield Plaza, County of Jefferson, State of Colorado, City of ITEM NO: I�� DATE: •y 12,201 t 14 1 11 REQUEST FORCITY COUNCIL ACTION y AN AMENDMENT • 1. R PLAZA ii t i IiR COMMERCIAL DEVELOPMENT DEVELOPMENT :* ALLOW MARIJUANA RESEARCH PROPERTY ! O ® LOCATED AT 39244096 (CASE !f [� PUBLIC" HEARING ED ORDINANCES FOR IST READING (5/12/2014) Q BIDS/MOTIONS ORDINANCES FOR READING (6/9/2014) El RESOLUTIONS QUASI-JUDICIAL: YES •�1!•AMtI ommunity elop' The applicant, Rocky Mountain Biosjrstems, Ing Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3924-4096 ! Street to allow additionalproperty. additional proposed are manjuana research and testing. No physical changes are proposed for the property. The existing ODP is comprised of 9.7 acres a: contains two structures with 130,000 square buildingof 'i has been operating past eight years, conducting other research • f testing activities. The Planning Commissionhearing to b e held on May 151t (ase No. W-14-04 BI Council Action Form May 12, 2014 Page 2 ERIOR ACT1gT!j! There has been no prior action. Planning Commission will hear this request at a public hearing scheduled for May 15, 2014. The staff report and meeting minutes from the Planning Commissio public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1,375 were collected for the review and processing of Case No. WZ-14-04. If the proposed amendment is approved, there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base, mm" Subject Property The subject parcel is located at 3924-4096 Youngfield Street, in the western portion of the City. It is zoned PCD, is comprised of 9.7 acres and has street frontage on Youngfield. The applicant's current laboratory operations occupy three units (9,000 square feet) in the easternmost building. According to Jefferson County Assessor's records, the structure is listed as an office/warehouse. The applicant is a biomedical company that conducts research and development of medical devices, surgical technologies, and pharmaceutical and vaccine delivery. The applicant wants to expand their services to include marijuana testing and research. Surrounding Land Uses The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision. Immediately to the west is the 1-70 corridor. Further to the west across 1-70 is the vacant Clear Creak Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential -One (R-1) and Residential -One A (R-1 A). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture -One (A-1) and Agriculture -Two (A-2). outline Development Plan and Proposed Modifications The City's Planned Development approval process is a two-step process. The first step is the zo chXnge and approval of an Outline Development Plan (ODP). The ODP is used to establish development standards including the allowable setbacks, density, and other zoning parameters. I also includes a list of permitted land uses, Because marijuana research and testing is not listed i the intent statement listed on the Planned Development, it is currently not d allowe. There are no changes proposed to the Specific Development Plan for the property. I i mtu4rc4wraL,,irocess with no concerns raised by any outside agencies or City departments. RECOMMENDED MOTION - 1 move to approve Council Bill No. 94-2014, an ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow 5MVIONOM May 12, 2014 Page 3 marijuana research and testing on property located at 3924-4096 Youngfield Street, on first reading, order it published, public hearing set for Monday, June 9, 2014 at 7 pm. in City Council Chambers, and that it take effect 15 days after final publication." 141 1110111 MI, CITY OF WHEAT RIDGE ONTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 04 ORDINANCE NO. Series of 2014 TITLE: COUNCIL BILL NO. 01-201 – AN ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE O. WZ-14-04/RMBI) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval ®: requests for land use cases; and, WHEREAS, Rocky Mountain Biosystems, Inc. (RMBI) has submitted a land use application for approval of an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allowmarijuana research and testing on property located at 3924-4096 Youngfield Street; and, WHEREAS, the proposed ODP amendment is supported by the City's Comprehensive Plan—Envon Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 2. Vested P[2p_e_r!y Rights. Approval of this ODP amendment do not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of th City of Wheat Rid«- . , e ection 3. Slfet;ij: Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated und%er the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Aftachment I City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 5., Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter, INTRODUCED, READ, AND ADOPTED on first reading by a vote of 0 to 0 on this 12 th day of May, 2014, ordered it published with Public Hearing and consideration on final passa W e set for Monday, June 9, 2014 at 7 p.m., in the Council Chambers, 7500 West 29t Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to , this _ day of - 2014. SIGNED by the Mayor on this day of 2014. Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney ist publication: 2" d publication: Wheat Ridge Transcript: Effective Date: City of Wh6at id comp COMMUNiTy DEVEKOM�NT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 301235,2846 F: 303,235.2857 Kevin Marchitto 3930 Youngfield Street Wheat Ridge, CO 80033 Dear Mr. Marchitto: At its meeting of May 15, 2014 Planning Commission recommended approval of Case No. WZ- 14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Yonngfield Street for the following reasons: 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the City: 2. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Commercial Development. I All appropriate State and city requirements be met by the proposed facility. Your request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses is scheduled for public hearing before City Council at 7:00 p.m. on June 9, 2014. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, YA (VMVV__� Kim Waggoner Administrative Assistant Enclosure: Draft of Minutes WZ1404RMBI,doc wwwxLwheatridge.co.us 7. PUBLIC HEARING A. Case No. WZ-14-04: An application filed by Rocky Mountain Biosystems Inc, for an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield St. M. Reckert presented the case. She entered into the record the contents of the case file, the zoning ordinance, the subdivision regulation and the digital presentation. She stated the public noticing and posting requirements have been met. A modification to a Planned Development Outline Development Plan is processed as a zone change and Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. Commissioner OHM asked which properties were notified and if there are any setbacks from schools. Ms. Reckert stated notification requirement is a 300 -foot radius around the property and there are no setbacks for testing facilities. In response to Commissioner OHM's questions, Ms. Reckert stated the Fire Department reported they had no concerns with the additional testing. Commissioner DOR EY confirmed the location of proposed testing facility. Ms. Reckert stated the applicant is not expanding their current spacejust expanding the materials being tested. Commissioner BUCK NAM asked about protocol for secure transport of samples to the testing facility. Ms. Reckert stated there are state requirements and deferred to the applicant. KINKMAN asked if there are different levels and capabilities of testing facilities �d if the revenue from this type of business can be deposited into a bank. Ms, deferred to the anDlicant. 15403 W -51't Place Golden, CO The applicant provided background information about the company. He stated their interest includes research and testing of marijuana and cannabis related substances including Cannabidiol (CBD) which is a substance in marijuana thought to have medicinal properties and industrial hemp. CBD is not a psycho active component of cannabis. The intent is to bring some credibility to the research. Compliance testing is critical because RMBI thinks there are some real medical benefits to marijuana and some of its components. The regulations are critical and add credibility to the industry. He stated they have a good record with following compliance guidelines. Their intent is to set the standard for marijuana testing. They intend to become a state of the ail facility Planning Commission Minutes -2— May 15, 2014 and perhaps set the standard for the state and country. He stated they have a DEA license to research narcotics compounds. A bonded registered courier with an occupational license from the state will pick up the samples and bring materials to the facility. The samples will be documented and secured. The facility has a high level of security. Material will be checked out for testing including weight and measurement. A report will be generated after testing. Any waste materials will be disposed per the state regulations, Commercial DORSEY inquired about the leased building for use of Cannabis. The applicant stated there are currently three units and the plan is to restrict testing to one unit. -appTUMV-SMITT RTM7177my yes out tney • Commissioner OHM asked currently. There is a chanc, The risk of explosion and t( considered safe. ow a any extractions or use of solvents. The Dt extract for preparation or retail purposes, g. fume hoods with safety glass will be a solvent. The applicant stated no, not me research on extractions and Use CO2 - is removed with CO2 extraction and is )f the conditions under state y about medical marijuana he is aware of the condition • if banki ar aliiwe,41 a ?O."anji" Commissioner DORSEY asked if the applicant will be testing infused products for retail for the state. The applicant stated they will be testing all materials. The state can designate any tester that they want. He stated they intend to be a high quality testing facility and go for the state business as well. Commissioner POPP asked if trials will • conducted with human or animals. The applicant stated they haven't planned any studies with human or animals at this point, RMBI goes through an internal review board for a clinical study and is regulated by the National Institute of Health and defined by goverm-nent standards. He stated they follow Planning Commission Minutes -3— May 15, 2014 national federal guidelines for trials with animals. The facility is accredited and inspected twice a year. Human studies have to be reviewed and approved by an outside source. Commissioner POPP asked if human trials could be in Colorado. The applicant stat yes because of the laws and transport laws. I Commissioner DORSEY asked who has jurisdiction to oversee the testing. The applicant stated the state is putting an accreditation system in place by July 1. 3. The evaluat With the following 1. The additiol I of the youngl 2. All appropri -- Motion carried 8. OTHERITEMS and should result in an wzczzz�� A. Ms. Reckert stated there is a land use case scheduled for public hearing on June 5, At this point there is nothing scheduled for June 19. Commissioner POPP stated she will not be able to attend on June 5 and 19. B. Commissioner OHM inquired about the historical Brownfields bill signing and if the portion of the Go Ford site that the city bought is going through remediation, Ms. Reckert stated yes, 9. ADJOURNMENT It was moved by Commissioner BUCKNAM. and seconded by Commissioner Planning Commission Minutes -4— May 15, 2014 WZ-14-04 / RMBI 3924-4096 Youngfield Street Request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline/Final Development Plan Planning Commission PCD May 15, 2014 2/18/2015 YOONGFIELD PLAZA a MUM NOW - W FRA J I rte--�-�---'•-�. T r ''� --T a.' Y.. !s cgl�s.WiaI+.; 2/18/2015 Marijuana 2000 - Medical use of MJ approved by voters 2009 - Dispensaries appear as alternative medical shops 2010 - State adopts regulations for MMJ 2012 - Recreational use of MJ approved by voters 2013 - City approves legislation to allow retail MJ, retail MIPs and testing facilities April of 2014 - City Council approves moratorium on new MIPS and testing facilities July of 2014 - State requires mandatory testing of MJ products This application was already in process when moratorium was passed so it can proceed forward Staff recommendation Staff recommends APPROVAL of the request: • All utilities and infrastructure are already in place • Amendment to the ODP/FDP is supported by Envision Wheat Ridge • Should have a positive economic impact on the city • Should fulfill a need at the state level for required testing • Evaluation criteria support approval Process Amendment to ODP regarding uses follows a zone change process Neighborhood Meeting: - Held on March 25, 2014 - No attendees present from neighborhood Referrals: No concerns from any agency including fire, public works and police No proposed changes to property at this time With Conditions 1. The additional use (marijuana testing and research) be allowed only on Lot 1. 2. All appropriate State and city requirements be met by the facility. 2/18/2015 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION May 15, 2014 Case No. WZ-14-04: An application filed by Rocky Mountain Biosystems Inc. for an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional cases at 3924 -- 4096 Youn field Street. (Please print) Name Address In Favor/Opposed City of �COMMUNay Wheat DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: May 15, 2014 CASE NO. & NAME: WZ-14-04/Rocky Mountain Biosystems (RMBI) ACTION REQUESTED: Approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) LOCATION OF REQUEST: 4096 Youngfield Street — Development address 3924 Youngfield Street — RMBI tenant space PROPERTY OWNER: Lee Kunz for Youngfield Plaza, LLC APPROXIMATE AREA: 9.7 acres PRESENT ZONING: Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Mixed Use Commercial, Primary Commercial Corridor ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commission WZ-14-04/RMBI All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of an amendment to an existing Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3934 — 4096 Youngfield Street. The purpose of the amendment is to allow additional uses within the existing planned development. (Exhibit 1, Applicant letter) A modification to a planned development district Outline Development Plan is processed as a zone change. Planning Commission will be making a recommendation to City Council who is the approving authority. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 4096 Youngfield Street and is currently zoned Planned Commercial Development (PCD), having been rezoned from A -I in 1980. The zone change was for 18 acres of land which was later subdivided into four adjacent properties. All four lots have frontage on Youngfield Street and run north from the bluff along 38`h Avenue to the south side of the Clear Creek greenbelt trailhead. (Exhibit 2, Subdivision Plat) An ODP plan was approved which set allowable uses and general development parameters for the entire 18 acres. Uses permitted were generally taken from the industrial uses listed in the code of laws and included business offices, service establishments, banks, retail and wholesale businesses, manufacturing, processing and assembly. While laboratory research and testing is a permitted use under the broad category of processing, it does not specify that any uses which are marijuana -related are allowed. Marijuana testing facilities are permitted in the City's C-1 and I/E zone districts. The applicant is proposing an amendment to the allowed uses in the ODP for the research and testing of marijuana products. The property under consideration is Lot I of the Youngfield Plaza subdivision which is the southern- most lot of the original plat. The property is comprised of 9.7 acres and has two structures on it. The applicant's current laboratory operations occupy 3 units (9,000 square feet) of the 64,335 square feet easternmost building (Building B). According to Jefferson County Assessor's records, Building B is listed as an office/warehouse, and was built in 1982. (Exhibit 3, Final Development Plan). The applicant is a biomedical company that conducts research and development of medical devices, surgical technologies, pharmaceuticals and vaccines. The applicant wants to expand their services to include marijuana testing and research. The address for the planned development is 4096 Youngfield but the RMBI tenant space is 3924 Youngfield. The marijuana testing component will be restricted to one area of the lab and will be separated from the rest of the testing facility. The laboratory will only operate under the privileges granted to it by the State License Authority. The testing facility will accept samples of retail marijuana or retail marijuana product from retail establishments only. The facility is not authorized to engage in manufacturing or sales and may only perform tests on samples that the Retail Marijuana Testing Facility is certified by the state to perform. The testing facility will maintain strict monitoring and documentation for quality assurance programs mandated by the state. Planning Commission 2 WZ-14-04/RMBI The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision used for RV sales. Immediately to the west is the I-70 corridor. Further to the west across I-70 is the vacant Clear Creak Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential -One (R-1) and Residential -One A (R -IA). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture -One (A-1) and Agriculture -Two (A-2). The following is a timeline regarding the introduction of legalized marijuana in Colorado and the City of Wheat Ridge: • The medical use of marijuana was approved by Colorado voters in 2000. • By 2009 dispensaries began to appear as alternative medicine shops in some Colorado cities, including Wheat Ridge. The first medical marijuana shop in Wheat Ridge opened in 2009 just north of the Red Lobster Restaurant on Wadsworth. • In 2010, the state legislature adopted statutes to regulate medical marijuana. • Medical marijuana centers, grow operations and MIP's (medically infused products) production are permitted uses in the C-1 and I/E zone districts. • Recreational marijuana was approved by 55% of Colorado votes in 2012. • The Wheat Ridge City Council adopted an ordinance to allow retail marijuana, retail MIPs and testing facilities in October 2013. • Direct sales tax revenues from medical marijuana centers in 2009 were about $8000. • In 2013, direct sales tax revenues from retail and medical marijuana were over $87,000. • On April 28, 2014, City Council approved a moratorium on new MJ testing locations. Because this application was "in process", it can proceed through public hearings. • In July 2014, mandatory testing of marijuana products will be required by the State. III. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While the new uses would be permitted, no changes are proposed for the property. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All infrastructure and property improvements are already in place. Modifications to the interior of the structure for processing the new component are not required. Planning Commission WZ-14-04/RMBI Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the City's comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of areas and corridors. iftgionaW bun { Corridor - Site In the Structure Plan, Youngfield Street is shown as being a Primary Commercial Corridor. Goals identified for Primary Commercial Corridors include focusing on retaining existing commercial businesses and maintenance and upgrade of developments along the corridor. The area is also designated as Mixed -Use Commercial which has identifies goals of having commercial areas with mixed office and employment and encouraging long term infill, redevelopment and reinvestment. Other goals identified in Envision Wheat Ridge include retention and diversification of the employment base and generation of new primary employment opportunities. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There is no evidence of an error with the current Planned Commercial Development designation as it appears on the City's zoning maps. Planning Commission 4 WZ-14-04/RMBI Staff concludes that this criterion is not applicable, c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. There have been changes to the western portion of the city that have impacted the Youngfield corridor. Most notably is the approval of the Clear Creek Crossing development which could allow over 800,00 square feet of retail, service, office and/or residential. There have also been infrastructure improvements including the widening and improvement of Youngfield, construction of the 40"'/1-70 underpass and improvement to the interchange movements between State Highway 58 and 1-70. Although the zone change is not facilitating redevelopment, the completed improvements and intensification of the corridor promote expansion of uses and employment base along the corridor. Stq1j'concludes that this criterion has not been met, d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. When the Comprehensive Plan was adopted, the state of Colorado and local municipalities were in the initial stages of understanding and regulating the marijuana industry. As such, the plan did not address the impacts, positive or negative, of this new economic force, The requirement for testing and the ability to accommodate the new State mandate should have a positive economic impact on the City and fulfill a state-wide need for this type of facility. Slat ,fconcludes that this criterion has been met The required pre -application meeting for neighborhood input was held on October 14, 2010. There were no area property owners or residents in attendance. All affected service agencies were contacted regarding their ability to serve the property. Wheat Ridge Public Works Department: No traffic or drainage impact; therefore, no concerns or comments. Platining Commission WZ-14-04/KMBI Wheat Ridge Police: No concerns with crime or traffic. Staff has concluded that the additional uses for the research and testing of marijuana products will fulfill a state-wide need and should result in an economic benefit to the City. No physical changes are proposed for the property so there should be no negative impacts to the area. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ- 14-04. VIL SUGGESTED MOTIONS: Option A. -I move to recommend APPROVAL of Case No. WZ- 14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the City. 2. The rezoning request is consistent with Envision lf7heat Ridge, the City's comprehensive plan, 3. The evaluation criteria support approval of this request. C9 With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Development. 2. All appropriate State and city requirements be met by the proposed facility." Option B: "I move to recommend DENIAL of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: Planning Coinmission 6 WZ-14-04/RMBI March 25, 2014 Narrative for inclusion in application r. a. Vve—regardinooipTntlou- j Youngfield Plaza, Wheat Ridge, Colorado, Rocky Mountain Biosystems (RMBI) was incorporated as a biotechnology corporation in Colorado in 2001 and operates a multi-million dollar research facility in NATheat Ridge, Colorado. RMBI seeks to amend the current restrictive zoning in order to expand its research and testing capabilities. There will be no effect on existing zone districts, or development and physical character of the surrounding area. Access to the area and traffic patterns will not be affected. It is expected that the company will hire additional staff as the need arises, however-cuvrjL: 0 to •► these needs and any anticipated visitors. The utilities on the • are sufficient for all •+ use. There will • no • burden on services to the premises and surrounding areas with • to fire. nolice, water. sanitation, • pgks, schools, etc. The • amendment is in line with current city policies which support the existence of marijuana • businesses within city limits. In fact, the proposed change is supportive of the city of Wheat • its policies and its businesses. The research and testing of these materials has been mandated by the State of Colorado, and the development of a strong regulatory environment • • operations will ensure that related • operate within good business practices, • • to legal requirements. 19 t IINAL PLAT YOUNGFIELD PLAZA I � I EXHIBIT 3 fit 4t}Liedw it "! till E 't r r�- A z r ca e �+ naw r an rte^ e x PP ro a ]s <a ,� ca -t � � r pw S m x EXHIBIT 3 fit 4t}Liedw it "! till E 't r r�- A z r ca e �+ naw r 6 rte^ x PP EXHIBIT 3 fit 4t}Liedw it "! till E 't r r�- A z r ca e �+ naw r rte^ x PP o�sdNi.. opera _ m sA� m °o^ate= 3 • � sig o i u 1 1 .fm.{mosooj z D m m SIMMS ST m PARFET ST co 2 D � m 9 m KIPLING ST WADSWORTH BLVD J A J A T 2 m 1 N S Z D Q) Ico D D I ••� ; HARLAN ST m �m7 SMI N i m 1 SHERIDAN BLVD . PARFET ST A A _ mMILLER ST i D ml KIPLING ST ;a GARRISON ST Meredith Reckert From: John Schumacher Sent: Thursday, May 15, 2014 8:55 AM To: Meredith Reckert Subject: RE: Case No. WZ-14-04 See my responses below. John C. Schumacher, Jr., CBO Chief Building Official Office Phone: 303-235-2853 Fax: 303-237-8929 Cily u! W heatNicIge COMMiINwv- Divi lAlPMfI From: Meredith Reckert Sent: Thursday, May 15, 2014 8:17 AM To: John Schumacher Subject: FW: Case No. WZ-14-04 Hi, John Tonight I have a hearing at Planning Commission which would allow an MJ research and testing facility in the Youngfield Plaza building at 4096 Youngfield. The company has been there 8 years and does testing on other drugs including barbiturates and opiates. Please see the email string below which originated with one of the commissioners, Scott Ohm. In my opinion, many of the issues he brings up are not germane to PC's review but both Ken and I wanted your input. Thanks - M Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 City of W heat Midge CommuNiry DFVF1DPMFNI From: Kenneth Johnstone Sent: Wednesday, May 14, 2014 5:16 PM To: Meredith Reckert Subject: Re: Case No. WZ-14-04 Let's forward to john for comments and we can talk tomorrow and I generally agree with your comment Sent from my Whone On May 14, 2014, at 4:45 PM, "Meredith Reckert" <mreckertOmci.wheatridge.co us> wrote: This is what I was worried about with him. I don't think any of these are under PC's purview. Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 C <image001.jpg> � From: Scott [mailto:scott.hawkeyesCcbamail.com] Sent: Wednesday, May 14, 2014 4:41 PM To: Meredith Reckert tC 4 Subject: Case No. WZ-14-04 rn 1 Meredith, these are some questions that I will be asking at the PC meeting.3 X Would it make sense to have someone from the Building Pen -nit dept. show up and answer some of these questions at the meeting? }- What is CO State Marijuana Law 1 CCR 212-1 in regard to extractions? �7 What is CO State Marijuana Code C.R.S. 12-43 sections M 605 or R 605? / Has the Fire Dept. reviewed the information and what are their recommendations? The Fire Dept. likely has not been consulted. That typically occurs when a referral is generated during the permitting process. Does the Fire Dept. review construction permit submittals? The Fire Dept. would review any submitted Building Permit application. What is the setback from Schools? How will the applicant dispose of the testing waste? There would be no building code requirements for disposal unless the waste is deemed to be of a hazardous nature. Will there be a CO2 level monitoring / alarm provided in the area of operation? Carbon dioxide is not considered to be hazardous under building codes because it is a non-flammable gas. When under pressure and exceeding maximum quantities, special storage requirements may be applicable. Does the city require any permits for CO2 enrichment? K There are np permit requirements of which I am aware for CO2 enrichment. Most of the requirements that would be applicable to the above questions would fall under the IFC and the jurisdiction of the Fire Districts. Thanks, Scott Ohm CITY OF WHEAT RIDGE NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No, WZ-14-04, an application filed by Rocky Mountain Biosystems for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow the research and testing of marijuana products located at 3924/4096 Youngfield Street will be held in the City Council Chambers, Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado, on May 15, 2014 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice including a map is available in electronic forin, on the City's official website, www.ci.wheqtridgq.c0.,us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, May 1, 2014 City of '� Wheat jdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE April 30, 2014 Dear Property Owner: This is to inform you of Case No. WZ-14-04 which is a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow the research and testing of marijuana products at property located at 3924 - 4096 Youngfield Street. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission May 15.2014 (i, 7:00 p.m. City Council June 9. 2014 6a 7:00 p.m. As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. 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. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. W Z 1404. doc www.ci.wheatridge.co.us Vicinity N1ap Site Li BATTERSHILL JEFFREY B 3811 WRIGHT CT WHEAT RIDGE CO 80033 7013 2250 0000 3608 3015 MIESTER ROBERT J MIESTER CONNIE S 1763 WILLOW WOOD DR NIRA MO 65714 7013 2250 0000 3608 3046 MARQUARDT KATHLEEN J LARK CAROL A 3822 WRIGHT CT Wf4F AT P fnr On OfN--- 7013 22,501 0000 3608 3077 KAMPMAN ROGER 6730 QUARTZ WAY ARVADA CO, 80007 7013 2250 0000 3608 3107 WOODS RANDY W WOODS KIRSTEN Z 3821, WRIGHT CT WHEAT RIDGE CO 90033 7013 2250 0000 3608 3145 YbUNGFIELD PLAZA LLC 4096 YOUNGFIELD ST W�11V AT R IDGE CO 8003 3 5I1 011 26118 3176 BUFfik RODGER D 12607 W 38TH DR WHEAT RIDGE CO 80033 7013 2250 0000 3608 3022 DOROTHY A POWELL, FAMILY TRUST 3832 WRIGHT CT WHEAT RIDGE CO 80033 V-7250 0000 3608 3053 ARELLANO LARRY M PO BOX 522 WHEAT RIDGE CO 80034 7013 2250 0000 3608 3084 KREBS MONNA L 12487 W 38TH DR WHEAT RIDGE CO 80033 7013 2250 0000 3608 3114 RIDGEVIEW BAPTIST CHURCH 3810 YOUNGFIELD ST WHEATRIDGE CO 80033 7013 2250 0000 3608 3152 KGCTRUST I PO BOX 90018 650 THREE SPRINGS RD IROWLING GREEN KY 42102 7013 2250 0000 3608 3183 RENS DEBRA S 12537 W 38TH DR WHEAT RIDGE CO 80033 7013 2250 0000 3608 3039 FOLKEN PHYLLIS ANN 3833 WRIGHT ST WHEATRIDGE CO 80033 io 0000 3608 3060 COOKE GWEN R 875 KENDALL ST LAKEWOOD CO 80214 7013 2250 0000 3608 3091 CROY JOHN W CROY BETTY A 12674 W 38TH DR WHEAT RIDGE CO 80033 7013 2250 0000 3608 3121 1,01 -ISE DANIELLE R QUANTE JOHN L PO BOX 110793 AURORA CO 80042 7013 2250 0000 3608 3169 lz Liu > G W m - '4M LE �r Pi...�: r i City of Wh6atB,,JLddgc POSTING CERTIFICATION CASE NO.WZ-14-04 PLANNING COMMISSION`' CITY COUNCIL / f OARD OF ADJUSTMENT (Circle One) HEARING DATE: Planning Commission - May 15, 2014 1, e n Ill Ck r C k i -1--1-0 (name) residing at �j q �� C U n �j ( k address) as the applicant for Case No.WZ-14-04, hereby certify that I have posted the Notice of Public Hearing at \-d �lqz-c� (location) 91 on this day of ck , 20—Lq-, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. ' d Signature: -- NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. See below City of Wheat Ridge Municipal Building 7500 W29'� Ave, Wheat Ridge, CO 80033-8001 P: 303.2351846 F: 301235,2857 Nma�� Annette Marchitto Rocky Mountain Biosystenis, Inc. 3934 Youngfield Street Wheat Ridge, CO 80033 I '==ns in regara to your request tor approval of an amendment to an existing Outline Develop7 7ent Plan (ODP) to allow a laboratory for marijuana research and testing in the Youngfield Plaza Planned Commercial Development. Your• request was sent out for referral and the following comments were received: Wheat Ridge Fire Protection District.- See attached correspondence from Kelly Brooks dated April 4, 2014, Wheat Ridge Public Works.- See attached commentsfirom Dave Brossman dated April 4, 2014. Neve Art dated rea emaujrom , I . Tbis case is scheduled for Planning Commission public hearing on May 15, 2014. A posting sign will be available for pick-up the week of April 28. 2. The zone change process requires a first and second reading in front of City Council. In response to your • for a condensed hearing schedule, I have scheduled the first reading (no testimony taken) for May 12, 2014. The second reading (public hearing) is scheduled for June 9, 2014. If these dates are a problem, please let me know. If you have any questions, feel free to contact me at 303-235-2848 Sincerely, Meredith Reckert, AICP Senior Planner www.d.wheatridge.coms WHEATFIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR T14E RIG ITT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 # ph.303,403.5900 0 www.wrfire.org Meredith Reckert City of Wheat Ridge RE: Community Development Referral CASE No. WZ-14-04/Rocky Mountain BiosysterrFs U6'MTATjheat Ridge Fire Protection District• has reviewli tk� Please feel free to contact me if there are any questions or concerns with respect to this review, 23ZE= �-w jl = Kelly Brooks Fire Marshal !j �L*yp_Drp aflfiarr Wefrig- TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: April 4, 2014 SUBJECT: W7--14-04/Rockv Mountain Biosystems, Inc. I have completed my review for the request for an amendment to the Youngfield Plaza PCD Outline Development Plan received on April 4, 2014, for the property located at 4096 Youngfield Street, and I have the following comments: I It does not appear that the current proposal entails any site changes which could trigger traffic or drainage requirements. Therefore, Public Works has no comments at this time, To Mere - Rocky Mountain Biosystems ODP Amend 4096 Youngfie)d_,Ist Review.doex Meredith Reckert From: Steve Art Sent: Friday, April 04, 2014 2:00 PM To: Meredith Reckert Subject: RE: Case No, W2-14-04 Steve Art Economic Development & Urban Renewal Manager Direct: 303-235-2806 Cell: 720-454-9040 Fax: 303-235-2806 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 www.ci.xvheatridgq,,co.u,s CONFIDENTIALITY NOTICUrbis e-mail contains business -confidential information, it is intended only for the use of the individual Or entity named above. Ifyou are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage, or use of this communication is prohibited. If you received this communication in enor, please notify us immediately by e-mail, attaching the original message, and delete the original message, from your computer, and any network to which your computer is connected, Thank you, From: Meredith Reckert Sent: Friday, April 04, 2014 1:52 PM To: Dave Brossman; Steve Art; John Schumacher; Kevin Armstrong; Kelly Brooks Subject: Case No. WZ-14-04 New case referral Meredith Reckert, AICP Senior Planner 7500 W 29 th Avenue Wheat Ridge, CO 80033 *fhre Pll*ie: 303-235-284IV CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from Your computer, and any network to which your computer is connected. Thank you. �,Yof W eat jdge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: April 4, 2014 Response Due: April 18, 2014 The Wheat Ridge Community Development Department has received a request for an amendment to an existing Outline Development Plan (ODP) to allow a laboratory for marijuana research and testing as an additional use property zoned Planned Commercial Development (PCD) located at 4096 Youngfield Street (tenant address is 3924 Youngfield). No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-14-04/Rocky Mountain Biosystems, Inc. Request: Approval of an ODP amendment to the existing Youngfield Plaza Planned Commercial Development at 4096 Youngfield. to allow a laboratory for marijuana research and testing as an additional land use. No additional site improvements are proposed at this time. See attached letter of request. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Fire Protection District Wheat Ridge Economic Development Wheat Ridge Building Division "The Cm -nation City" Vicinity Map "The Carnation City" Narrative for inclusion in application package regarding a proposed zoning amendment at Youngfield Plaza, Wheat Ridge', Colorado, by Rocky Mountain Biosystenis, Inc. Rocky Mountain Biosystems (RMBI) was incorporated as a Inotecsnob g - y corporation in Colorado in 2001 Lind operates a multi-million dollar research facility in Wheat Ridge, Colorado. RM BI seeks to amend the current restrictive zoning in order to expand its research and testing capabilities. The company performs research and product development in phartnaccutical delivery systems, surgical wound closure and aesthetics, The current research focus is on vaccines, pain control and treatments for aging disorders that affect hundreds of millions of individuals around the world, The company's flagship medical device recently won an FDA clearance, for treatment of pain and will also provide aesthetic improvement for derinatologic patients the world over. RMBI's,rescarch has now moved into examining the role of cannabinoids, particularly cannabidiol, also known as, CBD, in unique new therapies for a range of conditions, Recently, several news reports described how CBD has dramatically changed, and likely saved the lives of hundreds of severely epileptic children, These children have debilitating seizures 20 to 40 times a day. Willi the new application ofCBD, the seizures are reduced to nearly zero. CBD has also been recognized for years as a treatment for anxiety, chronic pain and for sleeping disorders, CBD is just one of the many interesting compounds believed to have therapeutic benefit from the hemp plant. Marijuana differs from Commercial hemp in that it contains even more subsuinces that have both physiological and PsYChoactive effects. RMB I has initiated as research program to study the effects of sonic of the chernicals in the hemp plant, but is currently prohibited from performing the tur-reaching research using the marijuana plant due to city zoning restrictions, RMBI is seeking a zoning amendment that will allow medical marijuana research and testing in its current facility. The amendment will allow the company to extend its analytical restingand medical research capabilities to include testing and research ofcannabis derived materials that arc ,� believed to have medicinal effects valuable for the treatment of conditions that include cancer,epilepsy, sleeping disorders and for management ofchronic pain, These testing services are a critical need for the fledgling industry in order to provide safety and understanding for products throughout the industry. The company will not be engaged in the distribution or sale of any marijuana products. 11 re will be no effect on existing zone districts, or development and physical character of the surrounding area. Access to the area and traffic patterns will not be affected. It is expected that the company will hire additional staff as the need arises, however current facilities are sufficient "The Carnation City" to accommodate these needs and any anticipated visitors. The utilities on the premises are sufficient for all projected use. '17here will be no additional burden on services to the premises and surrounding areas with regard to fire, police, water. sanitation, roadways, parks, schools, etc. The proposed amendment is in line with current city policies which support the existence of marijuana related businesses within city limits. In fact, the prol,,)os(,-d change is supportive of the city of Wheat Ridge, its policies and its businesses. 'I'lieresearciiitidtesting ofthesciiiatcrials has been mandated by the State of Colorado, and the development of as strong regulatory environment and compliant operations will ensure that related businesses operate within good business practices, and according to legal requirements. 2 "The Carnation OrIv 4 111, mns 11 070M me: Change of zoning uses in a Planned Commercial Development zone district to allow the research and testing of marijuana products PLEASE PRINT Name Address 4- 2. It .. 3. Imm+e 02-5 4. 5. 6. W RMBI Rocky Mountain in Biosystems; Inc. NOTICE OF NEIGHBORHOOD (iOD I UT MEETING Rocky Mountain Biosystems is proposing an amendment to the Yo field Plaza PCD permitted Rocky Mountain Diosystems, Inc. 3930 Youngiiield Street, Wheat Ridge, co s0033 Narrative for the City of Wheat Ridge Zoning Department For meeting on March 6, 2014 Youngfield Plaza Phase I PCD Our company is located at 3930 Youngfield Street which is part of the Planned Commercial Development property, Youngfield Plaza. We are currently a biomedical company conducting research and development of medical devices, surgical technologies, and pharmaceutical and vaccine delivery. We would like to expand our services in this company or a sister company to include marijuana testing and research. In order to conduct this specific testing, we are asking that the City of Wheat Ridge amend the Youngfield Plaza PCD to include a marijuana related business as a permitted use, which in this case would be for marijuana testing and research. Since this request is only for a zoning addition, there are no design principles included. The owner of the building has agreed to allow this change. Our marijuana testing facility shall only exercise those privileges granted to it by the State Licensing Authority. A testing facility may accept samples of retail marijuana or retail marijuana product from retail marijuana establishments for testing and research purposes only. A testing facility is not authorized to engage in the manufacturing business. A testing facility may only perfonn, tests on samples that the Retail Marijuana Testing Facility is certified by the Division to perform. Our testing facility will establish, monitor, and document the ongoing review of a strict quality assurance program that is sufficient to identify problems in the laboratory preanalytic, analytic and postanalytic systems when they occur. Our facility will establish an adequate chain of custody procedure. Contact: Annette Marebitto Rocky Mountain Bioystems, Inc. 3930 Youngfield Street Wheat Ridge. CO 80033 303-277-1140 (p) Owner 1 lOwner 2 lowner 3 Company Mailing Address St StnW Name Type jUnit lCity IState lZip Property Address St Street Name Type lCity State Zip jUse F WHEAT RIDGE 7500 W 29TH AVE WHEAT RIDGE CC S0211 VACANTLAND CASEY INVESTMENTS I LLC 6557 BEAR RIDGE WAY GOLDEN CO 80403 4120, YOUNGFIELD ST WHEAT RIDGE CO 80033 COMMR JEFFERSON COUNTY i J%TREASURER 100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 iVACANT LAND KGC TRUST 1 % BOX 90018 650 THREE SPRINGS RD BOWLING GREEN KY 42102 4100 IYOUNGFIELD 5T WHEAT RIDGE CO 80033 COMMR CABELAS WHOLESALE INC SERA CHARLES %JEFF ELLWANGER ONE CABELA DR SIDNEY NE 69160 VACANT LAND YOUNGFIELD PLAZA LLC 4096 YOUNGFIELD ST WHEAT RIDGE CO 80033 4096 YOUNGFIELD ST WHEAT RIDGE CO 80033 COMMR FICCO JONNA M 12415 W j38TH AVE WHEAT RIDGE CO 80033 12415 W 38TH AVE WHEAT RIDGE CO I 80033 RESID f4CCO JONNA M 12415 W 38TH AVE WHEAT RIDGE CO 80033 VACANT LAND BELAS WHOLESALE INC BERA CHARLES %JEFF ELLWANGER ONE CABELA DR SIDNEY NE 691601 VACANTLAND PACIFICO NICHOLAS PACIFICO MACKENZIE 12467 W 38TH DR IWHEATRIDGE CO 80033 12467 W 38TH DR WHEAT RIDGE CO 80033 RESID BELAS WHOLESALE INC BERA CHARLES %JEFF ELLWANGER ONE CABELA DR SIDNEY NE 69160 VACANTLAND KREBS MONNA L 12487 W 38TH DR WHEAT RIDGE CO 80033 12487 W 38TH DR WHEAT RIDGE CO 80033 RESID PICCO JONNA M 12415 W 38TH AVE WHEAT RIDGE CO 80033 12425 W 38TH AVE WHEAT RIDGE CO SW33 RESID tCCO JONNA M 12415 W 38TH AVE WHEAT RIDGE CO 80033 VACANTLAND 'TWCIFICO NICHOLAS PACIFICO MACKENZIE 12467 W 38TH DR WHEAT RIDGE CO 80033 12467 W 38TH DR WHEAT RIDGE CO 80033 RESID BS MONNA L 12487 W 38TH DR WHEAT RIDGE CO 80033 12487 W 38TH DR WHEAT RIDGE CO 80033 RESID CITY OF WHEAT RIDGE 7500W 29TH AVE WHEAT RIDGE CO 802151 VACANTLAND NGFIELD PLAZA LLC 4096 YOUNGFIELD ST WHEAT RIDGE CO SW33 4096 YOUNGFIELD ST WHEAT RIDGE CO 80033 COMMR COOKE GWEN R 875 _ KENDALL ST LAKEWOOD CO 80214 12507 W 38TH DR WHEAT RIDGE CO 80033 RESID OkEIELAS WHOLESALE INC BERACHARLES %JEFFELLWANGER ONE CABELA_ DR SIDNEY NE 69160 VACANTLAND PAOFICO NICHOLAS PACIFICO MACKENZIE 12467 W 38TH DR WHEAT RIDGE CO 80033 12467 W I 38TH DR WHEAT RIDGE CO 80033 RESID CnYOF WHEAT RIDGE 7500 W 29TH JAVE WHEAT RIDGE CO 80215 IVACANTLAND RENS DEBRA S 12537 W 38TH I DR WHEAT RIDGE CO 80033 12537 W 38TH DR WHEAT RIDGE CO 80033 RESID LEWIS KENNETH E LEWIS DOROTHY L 3840 WRIGHT ST WHEAT RIDGE CO 80033 3840 WRIGHT ST WHEAT RIDGE CO 80033 RESID "IS KENNETH E LEWIS DOROTHY L 3840 WRIGHT ST WHEAT RIDGE CO $00331 39W WRIGHT ST WHEAT RIDGE CO 80033 RESID LOHSE DANIELLE R QUANTE JOHN L _ PO BOX 110793 AURORA CO 80042 12567 W 38TH DR WHEAT RIDGE CO 80033 RESID BUHR RODGER D 12607 W 38TH DR WHEAT RIDGE CO 80033 12607 W 38TH DR WHEAT RIDGE CO 80033 RESID KAMPMAN ROGER 6730 QUARTZ WAY ARVADA CO 80007 12627 W 38TH DR WHEAT RIDGE CO 80033 RESID FOLKEN PHYLLIS ANN 3833 WRIGHT ST WHEAT RIDGE CO 80033 3833 WRIGHT ST WHEAT RIDGE CO 80033 RESID DOROTHY A POWELL FAMILY TRUST 3832 WRIGHT Cr WHEAT RIDGE CO 80033 3832 WRIGHT Cr WHEAT RIDGE CO 80033 RESID CONSTANT JACQUES P CONSTANT AGNES P 3834 WRIGHT ST WHEAT RIDGE CO 80033 3834 WRIGHT ST WHEAT RIDGE CO 80033 RESID ARELLANO LARRY M PO BOX 522 WHEAT RIDGE CO 80034 12647 W 38TH DR WHEAT RIDGE CO 80033 RESID RIDGEVIEW BAPTIST CHURCH 3810 IYOUNGFIELD ST WHEAT RIDGE CO 1 800331 3810 YOUNGFIELD ST WHEAT RIDGE CO 80033 COMMR HENDRICKSON NELSON A 3824 WRIGHT ST WHEAT RIDGE CO 80033 3824 WRIGHT ST WHEAT RIDGE CO 80033 RESID WOODS RANDY W WOODS KIRSTEN Z 3821 WRIGHT CT WHEAT RIDGE CO 80033 3821 WRIGHT CT WHEAT RIDGE CO 80033 RESID PROCHNIO KIRK W PROCHNIO KIMBERLY D 3823 WRIGHT ST WHEAT RIDGE CO 80033 3823 WRIGHT ST WHEAT RIDGE CO 80033 RESID MIESTER ROBERT) MIESTER CONNIE S 1763 WILLOW WOOD DR NIXA MO 65714 12668 W 38TH DR WHEAT RIDGE CO 80033 RESID MARQUARDT KATHLEEN J LARK CAROL 3822 WRIGHT CT WHEAT RIDGE CO 80033 3822 IWRIGHT Cf WHEAT RIDGE CO SW33 RESID SULLIVAN MARLENE A SULLIVAN GEORGE B 3814 WRIGHT ST WHEAT RIDGE CO 80� 3814 1WRIGHT ST WHEAT RIDGE CO 80033 RESID TUSSEYERIC D 3813 WRIGHT ST WHEAT RIDGE CO 800331 3813 WRIGHT ST WHEATRIDGE CO 80033 RESID LEWIS MICHAEL F LEWIS SHANNON P 3812 1WRIGHT CT WHEAT RIDGE CO 800331 3812 WRIGHT CT WHEAT RIDGE CO 80033 RESID BATTERSHILLJEFFREY B 3811 IWRIGHT CT WHEAT RIDGE CO 80033 3811 WRIGHT CT WHEAT RIDGE CO 80033 RESID RIOS SILVIA ANDREW MITCHELL BOYD 12475 W 38TH AVE WHEAT RIDGE CO80033 12475 W 38TH AVE WHEAT RIDGE CO 80033 RESID CULNA FAMILY TRUST PO BOX 653 WHEAT RIDGE CO 80034 3803 WRIGHT ST WHEAT RIDGE CO 80033 RESID CROYJOHNW CROYBETTY A 12674W 38TH DR WHEAT RIDGE CO 80033 12674W 38TH DR WHEAT RIDGE CO 80033 RESID LEWIS KENNETH E 3802 WRIGHT Cr WHEAT RIDGE CO 80033 3802 WRIGHT ICT WHEAT RIDGE CO 80033 RESID SANTANGELO JOSEPHINE A SANTANGELO RALPH P 3801 WRIGHT CT WHEAT RIDGE CO 80033 3801 WRIGHT Icr WHEAT RIDGE CO 80033 RESID BELAS WHOLESALE INC %JEFF ELLWANGER ONE CABELA DR SIDNEY NE 69160 VACANTLAND SHARP LOW ELL R SHARP BECKI L 12680 W 38TH DR WHEAT RIDGE CO 80033 12680 W 38TH JDR WHEAT RIDGE CO 80033 RESID US RETAIL PARTNERS LLC WALMART PROP TAX AP D PO BOX 8050 BENTONVILLE AR 72712 3600 YOUNGFIELD ST WHEAT RIDGE CO 80033 COMMR ELAS WHOLESALE INC BERA CHARLES %JEFFELLWANGER ONECABELA DR SIDNEY NE 69160 VACANTLAND Co v Cl) 0 v t7 a c =-o(D m 0 W D D rn 3 o O o Cl) v wwv CD 3 0 m C) C Cil 0) N-4 Co O ' a m v ro co m n' o o (' 0 s N Ci o 0 3 � C CITY OF WHEAT RIDGE 83/26/14 11:01 RFt edba a N Rocky Mtn Biosystems G RECEIPT G: 9737 FNSD ZONING APPLICATION F AMOUNT 925.08 O zone FMSFMSD ZONING REIMBURSEMENT 458«0R (� ZRi w PAYMENT RECEIVEDAMOUNT Cy � O CK 3661 11375.80 TOTAL _1,375.80®_ 1 Co v Cl) 0 v t7 a c =-o(D m 0 W D D rn 3 o O o Cl) v wwv CD 3 0 m C) C Cil 0) N-4 PCD 0 J W rv� Y • PCD R-1 A-1 SMEU�� . I - . 0- -0 - - 0 . 0 A M-011 W11 IMMIAMMOM 1 The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions" and What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height, There are many different zone districts within the City including residential, commercial, industrial and planned development zoning, A zone change is the process of changing the current zone district to 2 different zone district, A property owner may choose to change the zonin,,t, to use his property differently from what the existing zoning allows (e.g., residential vs. commercial), All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district. 3. Adequate infrastructure/facilities are Why is a neighborhood meeting required? available to serve the types of uses A neighborhood meeting is required for all zone change requests, The allowed by the change of zone, or the purpose of the meeting is to provide the opportunity for citizens to become applicant will upgrade and provide aware of the proposed development in their neighborhood, and to allow the such where they do not exist or are developer to respond to citizen concerns regarding the proposed project. All under capacity; and residents within 600 feet are notified of the meeting. 4At least one (1) of the following conditions exists- 2The change of zone is in conformance, oII r wiii ll bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city -approved policies or plans for the area, b, The existing zone classification currently recorded on the official zoning maps of th- ' i#' Ridge is in error, c, A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan, 4ow do I give my opinion on a zone change? All public hearings for proposed zone changes are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any written correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case, All pertinent correspondence should be routed through planning staff, I eanngs; i cou eopa bility to hear the case Whatlegal protest? A legal protest is a formal, written protest which can be submitted by adjacent property owners within 100' of a subject property, If 20% of property owners on one side within a 100' radius file a legal protest, it approve a zone change instead of a simple majority (5 out of 8 members present). A legal protest is usually filed after the Planning Commission public hearing. What is a Planned Development? Many properties in Wheat Ridge are part of a planned development zone district, including planned residential (PRD), �*Ianned commercial (PCD), and planned industrial (PID) districts, Each planned development has its own list of permitted uses and development standards. There are two distinct steps in establishing a planned development, Step one is approval of an outline development plan (ODP) that establishes the planned development zoning designation, perrnitted uses, underlying development parameters, and general design concepts, Step two is approval of a specific development plan (SDP) to provide specific site plans, building elevations, and civil documents, The SDP and ODP are both approved at public hearings. Obtaining approval of a Outline Development Plan can take about four months and is treated like a zone change, The process requires two public hearings. A Specific Development Plan can be reviewed at the same time as the ODP. if the SDP is submitted after ODP approval, only a public hearing before planning commission is required, I W11 I �11 I = d L�7 M I N!11 t m I I mi # IMUM Step 2: Neighborhood Meeting Stop 6: Comments to Applicant Changes Necessary? VM Step 6: Publish Request/Post Property for �ajxZ&A*d& Us Fin Step 7: Staff Report for '.M t NOTE: ff an SDP is submitted separate from and not required for SDP approval, '�w V, City of 447,10F - XX/r h6 at 6 V V DEVELOP NT Wheat Ridge Community Development Department WMMAMEW0111111 Meeting Date: March 6, 2014 Applicant: Attendees: Kevin Marchitto Rocky Mountain Biosystems, Inc. 3934 Youngfield Street (Address listed as 4096 Youngfield, tenant occupies 3934 Youngfield Street) Wheat Ridge, CO 80033 303-277-1140 Annette Marchitto Rocky Mountain Biosystems, Inc. Attending Staff: Meredith Reckert, Senior Planner Lauren Mikulak, Planner 11 Wade Sanner, Planner I Specific Site Location: 3934 Youngfield Street Wheat Ridge, CO 80033 Existing Zoning: Planned Commercial Development (PCD) Existing Comp. Plan: Mixed -Use Commercial, Primary Commercial Cot ridor i Time subject property is located at 4096 Youngfield Street and is currently zoned Planned Commercial Development (PCD). The property is comprised of 9.7 acres and has street frontage on Youngfield. The applicant's current laboratory operations occupy 3 units (9,000 square, feet) of the 64,335 square Leet easternmost building (Building B). According to Jefferson County Assessor's records Building B is listed as an office/warehouse, and was built in 1982 as part of the Youngfield Plaza Planned Development and Subdivision. The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision. Immediately to the west is the 1-70 corridor. Further to the west across 1-70 is the vacant Clear Creak Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential -One (R-1) and Residential -One A (R- IA). To the cast is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture -One (A-1) and Agriculture -Two (A-2). Applicant/Owner Preliminary Proposal: The applicant, Rocky Mountain Biosystems, is proposing to modify the existing Outline Development Plan (ODP) document. The modified ODP would allow the applicant to expand the currently existing use of a biomedical facility to include marijuana testing and research. The applicant is currently a biomedical company that conducts research and development of medical devices, surgical technologies, and pharmaceutical and vaccine delivery. The applicant wants to expand their services to include marijuana testing and research. The marijuana testing component will be restricted to one area of the lab and will be separated from the rest of the testing facility. The lab process will be a combination of food testing, compliance testing and quality control. The laboratory will only operate under the privileges granted to it by the State License Authority. The testing facility will accept samples of retail marijuana or retail marijuana product from retail establishments only. The facility is not authorized to engage in manufacturing or sales and may only perform tests on samples that the Retail Marijuana Testing Facility is certified by the state to perform. The testing facility will maintain strict monitoring and documentation for quality assurance programs mandated by the state. Will a neighborhood meeting need to be held prior to application submittal? Yes; the request to amend the ODP requires a neighborhood meeting. During the pre -application meeting a neighborhood meeting was scheduled for Tuesday March 25, at 6:00 PM. Planning comments: According to city records, in 1981 the property was zoned Planned Commercial Development (PCD) and development standards were codified pursuant to the Youngfield Plaza Final Development Plan Phase 1. A planned development is intended to promote innovative developments, flexible site design, and efficient use. Planned developments are developed according to approved plans which have their own list of permitted uses. Marijuana testing is not listed in the intent statement listed, on the Planned Development and is currently not allowed. Development standards set the allowable setbacks, density, and other zoning parameters. An amendment to the existing ODP is needed to establish that marijuana testing is a pen-nitted use. As the process below describes, the amendment follows the zone change process and will require final approval by City Council. Because an ODP amendment changes the conditions of the existing zone document, the business licensing will take place after the zoning is in place. Process The first step in the ODP amendment process began with the pre -application meeting on March 6, 2014. N The second step required by the Community Development Department will be to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 foot radius of the property of the meeting. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 foot radius. A sample notification letter will be provided and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. A fee of S 100 is required for staff to be present at this meeting. Meetings can be held at City Hall or any location the applicant desires. All costs associated with meeting, its location, and mailings will be paid by the applicant. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. A staff planner will attend the meeting to discuss City policy and process; however, the planner will remain impartial regarding viability of the project. After the neighborhood meeting is held, the applicant may submit their application for the ODP amendment, A meeting must be set up with a planner to submit the application. Incomplete applications will not be accepted. The application will be reviewed by the case manager and sent to outside agencies for review (Xcel Energy, water district, fire district, Public Works, etc.). A review period of 15 days is given for the agencies to review the applicant's plans and to respond with comments or corrections. After all agencies have responded, the case manager will forward comments to the applicant. Modifications to the Outline Development Plan document may be required as a result of these comments. Once all comments and requirements have been met, the zone change application ODP amendment can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to adjacent landowners within 300 -feet, and posting of the property with signs are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail the notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. The case manager will prepare a staff report which will be presented at the Planning Commission public hearing. There is a specific set of criteria used to evaluate a requested zone change or ODP amendment (Section 26-112,D of the zoning code). A recommendation to Planning Commission will be made in the staff report based on these criteria. After the staff report is given, the applicant and members of the audience will be allowed to give testimony regarding the application. Generally, a decision for recommendation will be made that same night, Sometimes a case will be continued to another hearing date for further study and input. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change must be approved by ordinance by the City Council which requires two readings. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the public hearing date. N The second reading of the ordinance is a. public hearing. The same requirements for adjacent landowner notification and posting will be followed as for the Planning Commission public hearing. A staffreport with recommendations will be presented at the public hearing. However, the ordinance approving the zone change does not go into effect until 15 days following the final publication of the ordinance. If the ODP is approved by City Council, an affidavit of amendment must be recorded with the Jefferson County Clerk and Recorder's Office within 60 days. This is a document that staff will repair and signatures of the owner on it will be required. Please keep in mind that public hearings are quasi-judicial in nature. Please do not contact Planning Commissioners or City Council members to discuss the merits of the case prior to the public bearing. Such communication could jeopardize their ability to bear the case. Public Works comments: The Public Works Department was not present and has no comments at this time. Utility Providers: The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Consolidated Mutual Water, phone: 303-424-9661 • Applewood Sanitation, phone: 303-232-6883 • Wheat Ridge Fire District, phone: 303-403-5900 All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Attachments: ODP Checklist, ODP Cover Items, ODP Criteria, PD Process Guide Phone Numbers Meredith Reckert — Senior Planner Wade Saimer — Planner I Lauren Mikulak — Planner 11 11 1 14 te'ld Plaza, LLCI4 4096 Youngfield Strcwt Wheat Colorado 8(X)33 Phone (303) 431-9536 Fax (3(,.),3) 940-1108 March 17, 2014 City of Wheat Ridge Community Development Department 7500 W. 29"' Ave. Wheat Ridge, CO 80033 Attn: City Representative, 1, Lee Kunz, owner of Youngfield Plaza, LLC, authorize Kevin Marchitto to engage in conversation and otherwise act on our behalf, regarding the proposed amended permitted land uses for property located at 3924 Youngtield Street. All, signature authority will however remain with myself or another of my designees. Thank you for your assistance in this matter. Liz Foltyn, / Vice President Legal Description of the Property in Microsoft Format Lot 1, Youngfield Plaza Subdivision, City of Wheat Ridge County of Jefferson, State of Colorado 9.66 acres RECEPTION NO. F0786764 6.00 PG: 0001-001 E15 RECORDED IN JEFFERSON COUNTY, COLORADO I/e6/1999 11:e7:35 M beween L & B Kunz Co a Colorado general par a/k/a L & B Kunz Company, a Colorado general partn of the I I * County of Jefferson and Colorado, grantor, and Youngfield Plaza, L.L.C., a Colorado limited liab company whose legal address is 4096 Youngf Jeld Street Wheat Ridge, Colorado 80033 of the County of .J of f erson and State or Colorado, grantoc; WITNESSETH, That the grantor for and inconsideration of the sum of n� I DOLLARS, the roceipt and sufficicncY of which is hereby acknowledged. has granted, bargained, sold and conveyed. and by those presents does grant, bargain, sell. convey and confirm, unto the &=too, his heirs and assigns fotever, all the real property together with improvements. ifany, situate, lying and being in the County of .def f ersou and State of Colorado described as follows: Lot 1 , Youngfield.Plaza, County of Jeffersol State of Colorado as known by struct, and number as: TOGETHER with all and singular the hereditaments; and appurtenances thereto bc1ofiging, or in anywise, appertaining. and the mversion and reversions. remainder and remainders, mats, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor. either in law or equity, of, in and to the above bargained promises, with the hcroditantems and appurtenances. TO HAVE AND TO HOLD the said promises above bargained and described, with the appurtenances, unto the grantoo. his heirs and assigns forever. And the grantor, forhimself, his heirs, and personal representatives, does covenant, gram, bargain, and agree to and with the grantee. his heirs and assigns, that at the time of the ense ' alingand delivery of theseptesents, hoiswell scizedof thcpmmiscs above convoyed, has goad, sure. perfect, absolute and indefeasible estate of inheritance, in law, in feesimple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid, and that the samcato free and clear from all former and other grants. bargains, Wes, liens. tastes, assessments, encumbrances and restrictions of whatever kind or nature socftr, except lien of the 7general taxes f or 1999 , City of Wh6. cage LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29"' Avenue * Wheat Ridge, CO 80033 * Phone (303) 235-2846 (Please print or type all information) Applicant ucY-k v t4a I to 6tsi',1eAYdd`rcss 39310 1 f) --i (f ( s Phone '03-d77-114,r�' C 1,W) City c State Zi Fax O 3- '7 7 1 ft Owner _j.,ee yvvI;L Address C' A Phone ICL3... L+3 et-�;3 City State Zi Fax Contact �(?'4�1'v�''-'e c)7- It Address Phon _�, 3, D 7 tate---C�- zip' Fax _JL3. -��o additional information to answer questions regarding this application, provide �a information when necessary, post (C7i�c person �Iisted'ascontact contact will e contacted to public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): W11(lai IlMcv, --S60 3 Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; inconiplete applications will not be accepted hange of zone or zone conditions M Consolidation Plat 0 Flood Plain Special Exception 0 Lot Line Adjustment 0 Planned Building Group Detailed description of request: Required information: 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) Cl Site Plan approval 0 Temporary Use, Building, Sign 0 Concept Plan approval 0 Variance/Waiver (from Section C3 Right of Way Vacation CJ Other: 0 Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the m/brmation and exhibits herewith submitted (ire true and correct to the best qfnq knowledge and that infiling this application, I am acting with the knowledge and consent ofthose persons listed above, without whose consent thne_,*equested action cannot lanfu lky be accomplished. _ Applicants other than owners must submit p consent the of this action on his behalf Notarized Signature of Applicant State of Col rass County of The foregoing instrument (Land Use processing Application) was acknowledged b thi ay, of 20 by 4*� n 1.0 P im• 10 '�6nrw On iQory 4Pubfic 10 pill NIPPON, My commission expires�-J To be filled out b•y stpff: Date received Fee S Receipt No..444�ft .0QjP CaseW WVLf0q Comp Plan Design. Zoning_ Quarter Section I Related Case No. Pre-A!pp N17t�&ate Case Manager_44��_:_ CITY OF AT RIDGE 03/13/14 18:50 AN cd bb Rocky Mtp Riosystems RECEIPT NO:CDW9993 Am" FMSD Nbrhd Mtq & Labels 1811.r� zone PAYMENT RECEIVED INTI AMOL CK 3657 101-00 TOTAL 0 0 CITY OF WHEAT RIDGE 03/86/14 2.g2 PH edba Rocky Mtn BiOSYStex RECEIPT NO-CDAN%47 ANOIJHT FMSD Pre -App :seting fee 8.00 20 zone PAYMENT RECEIVED AMWHT o CK 3653'. 2N.98 TOTAL CITY OF AT RIDGE 03/13/14 18:50 AN cd bb Rocky Mtp Riosystems RECEIPT NO:CDW9993 Am" FMSD Nbrhd Mtq & Labels 1811.r� zone PAYMENT RECEIVED INTI AMOL CK 3657 101-00 TOTAL Case No. iw�tAOA Date Received 3126A2C11" A Related Cases Cass Planner Reece€t " - �s.. „ � Case Descriptior•dbP (none change) ko avow marijuana €ewsea€ch lab in PCCr at 392Awum--,. & A09S Youngfield-roe r ryl Name fl�oky Mountain Btosysten Name Phone (303) 277-1140 g w„ Address I3930 Yours field St a `City' wheat Ridge 1 State `CO ; I Zip w ...,.. i x it I:+rvezWo k Name 1_ee Kunz Name Phone 431-9535 Address 40%Youngfield St. City Wheat Ridge ., State CCl dip80033 ..w ., . �. .. J GGvr##. icf IA&V"kw Name Kevinarcnitto� r Name Phone (303j 27711 A0 .me Address 39`10 Youngfield St City Wheat Ridge .. m �a� ., State C0 Zip .80033 r f3tayc�c'!`I,rri'��aie r�k"rasrr Address 392A Street Youngfiekf St �...�� w., r _==,_ ; City Wheat Ridge State �C0 ,dip ;80031 _.._ � . .,.. Location Description P€oject Name i Pa€cel No Ctr Section Ciistrict No Parcel No, i39 203 03 005 Qtr Section ,Su120 District No It �. S n� Pie -App Date 3161201 Ai Neighborhood Meeting Mate 3!25!201 AI i'tN pp No APPt d10 �� Review Type Review Body '; Review mate Disposition Comments � Report Public Hearing .. . V..e s ..... .... . „a 8 , Case Disposition . .. .... r.,,;. Disposition Date Conditions of Approval Notes ... ,., .. , . Res Ctrl # �s tatus (3pen ;. Storage: CITT RIDGE 83/26/14 1s1 edbb Pocky NtA BiOsYstegs RECEIPT H004689737 925.09 FNSD ZONING APPLICATIONP t1 ZONIM APPLICATION F 458.60 FNSD ZEMING REINDUKENENT zRell Z0HI#GREINBURSERENT T PAKHT RECEIVED 11375.0 C 1 11375. TOTAL