Loading...
HomeMy WebLinkAbout11/19/1998• H W W s♦ w NI► Planning Commission Page 1 11/05/98 The motion passed by a vote of 4-0 with Commissioner COLLINS abstaining and Commissioners BRINKMAN and SNOW absent. Commissioner COLLINS moved and Commissioner GOKEY seconded to approve the minutes of the October 15, 1998 Planning Commission study session. gpqi R I I 1111l��'qi I � I' 11 1 am= A. Case No. WZ-98-07. An application filed by the City of Wheat Ridge to amend the zoning of most existing Residential-Three (R-3) properties to Residential-One B and Residential-One C. Properties are approximately bounded by Miller Court to the East, West 41st Avenue/Place to the North, Parfet Street to the West, and West 38th Avenue/Place • the South. This case was"presented by Meredith Reckert. She reviewed the staff report, presented overheads and exhibits of the subject area, and distributed copies of a parcel size map to members of the Commission. She entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the recordwhich were accepted by Chair THOMPSON. She advised the Commission that there was jurisdiction to hear the case. A) Under ndings • Fact", the first and second items should be amended to read 'five' instead of B) Under "Public Response the third paragraph should reflect that 54 comment cards have been received. In response to a question from Commissioner BRINKMAN, Ms. Reckert explained the difference between rezoning applications initiated by individual citizens and those initiated by the City. Commissioner BRINKMAN asked if affected property owners would be notified if the proposed rezone is approved. Ms. Reckert replied that the property owners would be notified by mail. She also stated that Jefferson County would receive notification through the process of recording the zoning ordinance. Planning Commission Page 2 11/05/98 i # * i • iR •� i i # # It was m oved by C ommissioner • seconded R C ommissi oner ` Case # W , Ci ty- i n i t i ated l arge area rezon be recommended to t Ci C lar for APPROVAL for the following reasons: I I All area z i have bee 2. The ob f ort h by Ci ty C ounc il R i. 1 678 h ave be met. 3. This rez on i ng w ill br # r i nto con C ► 4. . juris b een met. The motion passed by a vote of 6 -0, with Commissioner SNOW absent. 8. CLOSE THE PUBLIC HEARING Planning Commission Page 3 11105198 r '1 11111 1111 11, 1 B. Wadsworth !Corridor SjMdX In response to a question from Commissioner COLLINS, White gave a brief update on the status of the Study. 1 A. Election of PlaHning!CoMmi§si!qLi !Chairperson. Commissioner BRINKMAN was elected Chairperson. Commissioner GOKEY was elected Vice Chairperson. It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY to adjourn the meeting at 8:23 pm. Janice Thompson, Chair C,\Barb=\PCRPTS\PLANGCOM\PCMtNUTE\I"&981 103,wpd Planning Commission Page 4 11/05/98 TO. Planning Commission DATE OF MEETING. November 19, 199!8 DATE PREPARED. November 10, 1998 CASE NO.: ANX- 98- 4tWZ -98 -16 CASE MANAGER: Martin Orner REQUEST. - Approval of annexation and zoning LOCATION: 4803 Ward Road APPLICANT(S): Kaiser Permanente Foundation OWNER(S): Kaiser Permanente Foundation 10350 East Dakota Avenue Denver, Colorado 80231 APPROXIMATE AREA: 32 Acres PRESENT ZONING: County Zonings Planned Development PRESENT LAND USE, Medical Center /vacant SURROUNDING ZONING: North. Planned Development and Industrial Three (County); South: Planned Development and Commercial One (County); East: Agricultural Two, Industrial, Commercial One, Planned Industrial and Planned Commercial Development (City), West: Agricultural Two (County) SURROUNDING LAND USE: North: Retail, automobile services, offices, assembly; South: Park -and -ride transit facility; East: Retail,. manufacturing, offices, automobile sales, open space/undeveloped West: Cemetery COMPREHENSIVE PLAN FOR THE AREA: North Plains Community Plan: Retail, Office, Industrial and Residential (up to 15 units per acre) DATE PUBLISHED: October 30, 1998 DATE POSTED: November 3,1998 DATED LEGAL NOTICES SENT: November 4, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE () SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. MMMMU I Annexing and zoning the property as proposed will serve the interests of the City in the following ways: 1. The City receives the regulatory authority over future land use proposals for development of the property- 2. The City receives the economic benefit of any future development on the property with minor impacts to the City in providing services to the property. T�ZWII ANX-98-04[WZ-98-16 Page 2 Planning Commission MATMMSI 111. CRITERIA FOR EVALUATION State, statutes also state that meeting the requirement of contiguity "shall be a basis for a finding of compliance with these requirements, unless the governing body ... finds that at least two of the following are shown to exist:" ANX-98-041 W2 -98-16 Page 3 Planning Commission State statutes also require that a plan for the area extending three miles from the City's boundaries be in place. The City Council has adopted the Jefferson County North Plains Community Plan, with modifications, as the City's Three Mile Plan. That plan shows the area under consideration for annexation as retail, office, industrial and/or residential (with density of up to 15 units per acre) uses. Exhibit B is the legal description of the property proposed for zoning, while Exhibit C contains the proposed list of pertnitted and prohibited land uses for the property. Staff has the following comments regarding the criteria used to evaluate a zone change application: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The property is currently -a part of unincorporated Jefferson County and is therefore not on the official zoning maps of the City of Wheat Ridge. City staff is not aware of any error in zoning the County level. Z. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. AX- 98- 041W•98 -16 Page 5 Planning Commission All applicable service agencies (water, sewer, telephone, etc.) can provide or are currently providing service to the property. Any future development of the property will be required to include site specific drainage facilities, if necessary. 7. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently developed as a medical facility including patient treatment services, pharmacy, offices, laboratories, etc. Future development of the northern portion of the property will meet the use criteria • Exhibit C. The property can be developed under the existing Jefferson County zoning, but uses are limited to the following: That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 10. That there is a void in an area or community need that the change of zone will rill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Approximately half of the property is currently developed and is providing necessary medical services to the community. Future development of the property, guided by the use restrictions of ANX-98-04/WZ-98-16 Page 6 Planning Commission Exhibit C, will help to assure a logical land use scenario for future development when and if development occurs. There are no plans for development of the property at this time and it is not possible to ascertain if a community need will be filled. ANX-98-04/WZ-98-16 Page 7 Planning Commission property in its present developed state is not expected. Z. Impacts to police services from the future development of the property cannot be determined at this time. Recreation District. Jefferson County in a letter dated November 5, 1998, the County submitted the following comments: Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, glare, smoke, and the presence of hazardous materials and waste. Aesponding Without Concerns: City of Wheat Ridge Department of Public Works in a memorandum dated October 7, 1998, the Public Works Department submitted the following comments: Because Ward Road is a State Highway, there is no impact to Public Works. All maintenance operations and capital improvements are performed by CDOT. Access and all plan review for Ward Road impacts must be approved by CDOT. MIMMMM-901MM Wheat Ridge Post Office Wheat Ridge Forestry Division Staff concludes that the proposed annexation meets the State criteria for annexation eligibility, is a logical extension of the City's boundaries, is able to be served by and is in the best interest of the City. Therefore, staff recommends approval of the annexation. SFaff coneffi — d — estfiat the proposed zoning o - t e roperty to C- 1, 5179o'ne (wiffi restrictions) meets the corresponding City zoning review criteria, and that the zoning criteria of Exhibit C are appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends approval I of the zoning change. ANX-98-041WZ-98-16 Page 8 Planning Commission 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of development of the subje property. I Option B: "I move that Case No. ANX-98-4, "A request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, as legally described in Exhibit "B", be recommended to the City Council for DENIAL for the following reasons: annexation does not meet the state criteria for annexation eligibility. 1 The annexation will not be a logical extension of the City's boundaries. �i.tY'+•C4.0� ,w.f El ,! / 4 � 1 f ter A f r , OLIVET W El ,! / 4 � 1 f ter A 13 OLIVET W GEMETARY , ""� is SK. 403. M 90 .r t s r , r I AO .•:�,. " a / ♦ � 441h. rwM�• }Ie ♦ Wreaw , h+s*w, . yt+'t ,,,•J`° ti� � w ..lrgK w Ara wAr ! « ii / 1J V 0 Y 4r ar IT 44 • 20 40 4 #f 1 #4 ..w.tic♦ } tl� win. w j "' 43. ..o N 1 14 t! ".: 39 "243 ar.t ®s as wa s� . rr. :ar a,rar 5t» } 54 EXHIBIT C KAISER ZONING The Zoning for the property described in Attachment I shall • Commercial-One (C- 1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with the following modifications, restrictions, and requirements: L Permitted Principal Uses: No building • land shall be used and no building shall be erected, converted • structurally altered unless otherwise provided herein except for one (1) or more • the following uses: A. Uses permitted under the County Official Development Plan recorded in the Jefferson County Real Estate records in Book 46 at Page 44, Reception No. 86030380, as follows: B. Uses permitted as permitted principal uses under Section 26-22 (B), Commercial- One District (C-1) • the Wheat Ridge Code of Laws, except the following uses are prohibited: Kaiser 'Zoning Page 1 WZ-98-16 IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. - Kaiser Zoning Page 2 lit ZVI s is . 1 _ fl 14 if of a; CITY OF DATE PREPARED: November 1, 1998 CASE MANAGER: Martin Orner Approval of annexation and zoning LOCATION: 4695 Ward Road APPLICANT(S): Regional Transportation District OWNER(S): Regional Transportation District SURROUNDING, LAND USE: 1600 Blake Street Denver, Colorado 80202 APPROXIMATE AREA: 8 Acres PRESENT ZONING. County zoning: A -2 Agriculture C -1, Commercial; Pp, DATE PUBLISHED: Planned Development, PRESENT LAND USE: Public transportation parr -and -ride :facility SURROUNDING ZONING: North: Planned Development (County); South: interstate 70; East: Ward Road, then A -1, Agricultural -One; West: PD, Planned Development SURROUNDING, LAND USE: North: Medical Center, South: Interstate 70; East: Open' space /undeveloped West: Cemetery COMPREHENSIVE PLAN FOR THE AREA: North Plains Community Plan: detail, Office, Industrial and Residential (up to 15 units per acre). DATE PUBLISHED: October 30, 1998 DATE POSTED: November 30,1998 DATED LEGAL NOTICES SENT: November 4, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN M CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES () SUBDIVISION REGULATIONS (K) EXHIBITS ~.O OTHER JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this ease. 111111111111 11 1111 1 Jill 1 11 1 VIVO lljlplll'�� i ''llipi � , III ��111 ; � III I 1 1111 � � � �� 11 11 Martin Omer - Planning staff Susan Altes- Regional Transportation District Robert Rynerson-Regional Transportation District Tom Currigan- Kaiser Permanente Michaef Wright-Mount Olivet Cemetery -- ------ ----- - ANX-98-O5 /WZ-98-17 Page 2 Planning Commission F • ANX-98-05/WZ-98-17 Page 3 Planning Commission modifications, as the City's Three Mile Plan. That plan shows the area under consideration for annexation as retail, office, industrial and/or residential (with density of up to 15 units per acre) uses. The property is currently a part of unincorporated Jefferson County and is therefore not on the *fficial zoning maps of the City of Wheat Ridge. City staff is not aware of any error in zoning at the County level. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. I That the zoning is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use Ilan and other related policies or plans for the area. ANX-98-OS/WZ-98-17 Page 4 Planning Commission 2. Economic benefits. Should future development of e e • and complementanj 7. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. Any future development of the property will be required to include related improvements Aw ♦ site s?.ecifie ,4,-Vg -drainage facilities necessary) ar@ internal traffic circulation facilities. The requirement for any such improvements shall be formulated at the time of actual development planning for future uses. 8. That the property cannot reasonably be developed under the existing zoning conditions. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The property is currently developed with uses similar to those contained in the City's Three Mile Plan for the area. Exhibit C contains use restrictions and provisions which will assure that any future development of the property is achieved in a manner consistent with the Three Mile Plan. Therefore, neither isolated nor spot zoning will occur. The zoning • property east of the RTD property is City • Wheat Ridge Agricultural-Two and Agricultural-One. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. The property is currently developed and is providing necessary public transit services to the community. Any future development of the property, guided by the use restrictions of Exhibit C, will help to assure a logical land use scenario for development when and if development occurs. There are • plans for development • the property at this time and it is not possible to ascertain if a community need will be filled, Responding With Concerns: In a memorandum dated October 21, 1998, the Public Works Department submitted the following comments: ii 1111JU I VM Tom" not opposed to the annexation of the property, it concerned about the removal of the property from the District. The landowner has not indicated an intent to seek exclusion from the District. i Wheat Ridge Police Department in a memorandum dated October 10, 1998, the Police Department submitted comments which are summarized as follows: Fairmount Improvement Association in a letter dated November 6, 1998, the Improvement Association states their concerns relative to Mount Olivet Cemetery solitude and the loss of revenue for the Prospect Recreation District. Jefferson County in a letter dated November 5, 1998, the County submitted the following comments: Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, glare, smoke, the presence of hazardous materials and waste. I Responding Without Concerns: City of Wheat Ridge Department of Public Works in a memorandum dated October 7,1998, the Public Works Department submitted the following comments: Because Ward Road is a State Highway, there is no impact to Public Works. All maintenance operations and capital improvements are performed by CDOT. Access and all plan review for Ward Road impacts must be approved • CDOT. ANX-98-05/WZ-98-17 Page 7 Planning Commission City of Arvada Valley Water District Staff concludes that the proposed annexation meets the state criteria for annexation eligibility, is a logical extension of the City's boundaries, is able to be served by and is in the best interest of the City. Therefore, staff recommends approval of the annexation. property %--M, meets the corresponding City zoning review criteria and that the proposed land usesare considere appropriate for the property. No negative impacts from the zoning are anticipated. 7Therefore, st recommends approval of the zoning change. ANNEXATIONS Option A: "I move that Case No. ANX-98-5 , "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Faculty, as legally described in Exhibit B be recommended to the City Council for APPROVED for the following reasol 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will • a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of any future developme pme of the subject property. I - Option ► "I move that Case No. ANX-98-5, "A request to annex to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit B be recommended to the City Council for DENIAL for the 'following reasons: 1. The annexation does not meet the state criteria for annexation eligibility. 2. The annexation will not be a logical extension • the City's boundaries. 3. The annexation will not allow the City to gain regulatory control of any future development of the subject property. ANX-98-OS/WZ-98 -17 Page 8 Planning Commission 1. The proposed zoning is consistent with the City's rezoning criteria. 2. There would be no significant negative impacts as a result of the zoning. 3. The zoning is consistent with the City's Three Mile Plan. � Legal Description for City of Wheat Ridge Annexation # 98 -7 R.T.D. Property I WX of I I The Zoning for the property described in Exhibit A shall be Ct ne (C- 1) pursuant • Section 26-22 • the Wheat Ridge Code of Laws, with the following modifications, restrictio and requirements: 1. Permitted Principal Uses: No building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: A. The following uses permitted under Section 26-22 (B), Commercial One District of the Wheat Ridge Code of Laws: RTD Zoning Uses Page I WZ-98-17 C:\Barbara\CCRPTS\rtdzotiisigtises.wVd RTD Zoning Cases Page 2 WZ -98 -17 `�: r" 4 e v � y } @ ti ip �4 �X th . Ilr w rM Y �4 c t � r