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HomeMy WebLinkAbout12/03/1998AGENDA December 3, 1998 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on December 3,1998, at 7:30 p.m., City Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) i�i'i���i�l�r#R na 17MMUM. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) App6ved C. Case No. ti !+ An application • the Regional Transportation District for ANX-98-05 approval to annex 8.036 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C- 1. Property is located at 4695 Ward Road and known as the RTD park-and- ride. 10. NEW BUSINESS The following is the official set of Planning Commission minutes for the public hearing of November 5, 1998. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 0 EWVX! x��� APPROVAL OF MINUTES Commissioner SHOCKLEY moved and Commissioner GOKEY seconded to approve the minutes of the October 1, 1998 Planning Commission meeting. 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. 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 4 1 st Avenue/Place to the North, Parfet Street to the West, and West 38th Avenue/Place to 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 record which were accepted by Chair THOMPSON. She advised the Commission that there was jurisdiction to hear the case. A) Under "Findings of Fact", the first and second items should be amended to re B) Under "Public Response", the third paragraph should reflect that 54 comment cari have been received. In response to a question from Commissioner BRINKMAN, Ms. Reckert explained the ,iifference 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 \i/05/9Q Karen Roberts 3992 Moore Street Ms. Roberts was sworn in by Chair THOMPSON, She indicated that she was in favor of the proposed rezoning. 79ff'1___a=M secou ottim Case No. WZ-98-07, a City-initiated large area rezoning be recommended to the City Council for APPROVAL for the following reasons: I . All large area zoning requirements have been met. 2. The objectives set forth by City Council in Resolution No. 1678 have been met. 3. This rezoning will bring the zoning into conformance with the Comprehensive Plan. 4. All jurisdictional requirements have been met. The motion passed by a vote of 6-0, with Commissioner SNOW absent. 8. CLOSE THE PUBLIC HEARING Planning Commission Page 3 11/05/98 A. Comprehensive Plan In response to a question from Chair THOMPSON, Mr. White gave a brief report on the status of the Comprehensive Plan proceedings. There was a consensus of the Commission that the hearings should begin right after the first of the year. B. Wadsworth Corridor Study In response to a question from Commissioner COLLINS, Mr. White gave a brief update • the status of the Study. A. Election of Planning Commission Chairperson. Commissioner •RINKMAN was elected Chairperson. Commissioner GOKEY was elected Vice Chairperson. 11. DISCUSSION ITEMS A. Vacancy on Planning Commission Commissioner BRINKMAN asked what steps had been taken to fill the vacancy created by the resignation of Mr. Dunn, Mr. White replied that District Two City Council representatives areaware • the vacancy and that he did not know if the position had yet been advertised. EMISMSE =8 HIM= 11111 1 1 s wcom , I • Janice Thompson, Chair C:\Barbara\PCRPTSTLANGCOtvt\PC,MINUTMI99SN991105.wlW Planning Commission Page 4 11/05/98 • • t� 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* Zoning..: 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/un West: Cemetery COMPREHENSIVE PLAN FOR THE AREA: North Plains Community Plan: Retail, Office, Industrial and Residential (up to 18 units per acre) DATE PUBLISHED: . ~ +rt* October 30, 199 +0 1 • 1 November 3, 1998 DATED LEGAL NOTICES SENT: November 4, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET M ATERIALS M ZONING ORDINANCE SUBDIVI () SLIDES (1X) EXHIBITS () OTHER JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. MMMLE�� Case No. WZ-98-16 is to zone the property C-1, Commercial-One, for land uses complementary to and compatible with the existing medical center. Because the zoning of the property is directly related to its k annexation into the City, the opportunity exists to implement specific restrictions, in this case relative to land uses, on the C- I zoning. Exhibit B is the legal description of the properties proposed for annexation and zoning. Exhibit C is the proposed list of permitted and prohibited land uses for the property. 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 • the property. 2. The City receives the economic benefit • any future development • the property with minor impacts to the City in providing services to the property. ii iii Ali, Martin Orner - Planning staff Susan Altes- Regional Transportation District Robert Rynerson-Regional Transportation District Tom Currigan- Kaiser Permanente Michael Wright-Mount Olivet Cemetery ANX-98-04/WZ-98-16 Page 2 Planning Commission + The current ridership/usage amount of the RTD Park-and-Ride. + Access to the Mount Olivet caretaker residence. + Status of 1-70/Ward Road/Highway 58 interchange improvements (CDOT). Long term use ideas for both the park-and-ride and Kaiser properties. Status of commuter/light rail idea for the Colorado and Southern Railroad alignment. Mount Olivet's interest in reviewing the final Planning Commission staff report prior to t Commission hearing. I ANNEXATION: The Wheat Ridge Code of Laws does not contain criteria for review of an annexation, but State of Colorado statutes provide criteria for eligibility for annexations. These criteria are: ANX-98-04/WZ-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 R lace, 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 Ext C contains the proposed list of permitted 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 exist ' ing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The property is currently a part • 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. 2. That a change in character in the area has occurred due to installation of public facilities, R ther zone changes, new growth trends, deterioration, or development transitions. 3. 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 plan and other related policies or plans for the area. ANX-98-04/WZ-98-16 Page 4 Planning Commission The City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed zoning use • C-1, Commercial-One with restrictions is in conformance with the North Plains Community Plan designation of retail, office and industrial lan,f, uses, The existing Jefferson County zoning, which will be superseded by City zoning, is Planned Development limited to the following permitted land uses: 4. That the proposed zoning is compatible with the surrounding area and there will be minimal A. Economic benefits. The City will collect all applicable taxes generated by the development. B. Physical benefits. The City will gain regulatory control of land uses allowed on the property. C. Social benefits. The land would be within the City's Police Department jurisdiction. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. 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. ANX-98-041WZ-98-16 Page 5 Planning Commission 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 wi meet the use criteria of Exhibit C. The property can • developed under the existing Jefferson County zoning, but uses are limited to the following: I 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 • the property, guided by the use restrictions of Exhibit C, will help • 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-98-041WZ-98-16 Page 6 Planning Commission annexation, zoning, required public improvements, vested rights, provision of water and sewer services a other aspects of the annexation. Of particular interest is the zoning of the property, which the Agreement addresses by incorporating, verbatim, the zoning restrictions as presented in Exhibit C of this staff report. I I Fairmount Improvement Association in a letter dated November 6, 1998, the Improvement Association states their concerns relative to the Mount Olivet Cemetery solitude and the loss of revenue for the Prospect Recreation District. ANX-98-04/WZ-98-16 Page 7 Planning Commission Jefferson County in a letter dated November 5, 1• 9• , 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. 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 Wa Road impacts must • approved • CDOT. I City • Arvada Wheat Ridge Post Office IN Staff concludes that the proposed annexation meets the State criteria for annexation eligibty, is a logical extension • the City's boundaries, is able to be served by and is in the best interest of the City. Therefore, staff recommends approval • the annexation. the corresponding City zoning review criteria, and that the zoning criteria • Exhibit C are appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends approval of the zoning change. ANNEXATIONS Option A: -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 • Jefferson, as legally described in Exhibit "B" be recommended to the City Council for APPROVAL for the following reasons: 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 subject property, ANX-98-04/WZ-98-16 Page 8 Planning Commission 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", • 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 of the City's boundaries. 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. Im 31-t3K - " -OCt . K. 298 v a x sr I OC+K 3. Lilt t AAISCR KltmAmcwc SKII►QNISIGN mism MC N O UW NT MIMI t K 43 . °f . sh _ K C CEMETARY r +� m a „ er 8K. 403. m 90 x y, r '9k "� ice..++ .I '""" I '"w P"`" x w ...✓' fi r" w.0 -w 1 r i' # w ... w�wr _ ++'- -..... "r'. .K �K ta1 Aar. sr• r w.a+..r ,awr».r. +� m tL' } M + . EXHIBIT C KAISER ZONING The Zoning for the property described in Attachment I shall be Commercial-One (C-1) pursuant • Section 26-22 • the Wheat Ridge Code of Laws, with the following modifications, restrictions, 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. Uses permitted under the County Official Development Plan recorded in the Jefferson County Real Estate records in Book 46 at Page 44, Reception No. s follows: II. Site Plan Requirement: All permitted uses shall be required to receive approval of a site plan prior to issuance of a building permit. The site plan shall be prepared in accordance with Section 26-6(E)(2), Type 11 Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be revieNved by the Planning Commission and City Council at a public hearing following the public notice requirements of Section 26-6(F). 111. Special Uses: Any use proposed for the property not specifically permitted under Sectio 1 above, but permitted in the Commercial-One zone district as a conditional use or speci use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26-6(B). I 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 WZ-98-16 C:\Barbara\CCRPTS\kaisetzotiinguses.wpd Kaiser Zoning Page 3 WZ -98 -1 s ij !t zm cer . + C •�.^#. awM ewn. M MM M Y � a S LOCATION: 4695 Ward Read APPLICANT(S), Regional Transportation District OWNER(S): Regional Transportation District' 1600 Blake Street Denver, Colorado 80202 APPROXIMATE AREA: S Acres PRESENT ZONING: County Zoning: A -?, Agriculture; C -1, Commercial? PD, Planned Development PRESENT LAND USE. Public transportation park-and-ride facility SURROUNDING ZONINGS North. Planned Development (County), South. Interstate 70; East. Ward Read, then A -1, Agricultural -One; 'Vest: PD, Planned Development SURROUNDING LAND USE: North: Medical Center; South: Interstate 70 East. Open pace/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, 1993 DATE POSTED: November 30, 1998 DATED LEGAL, NOTICES SENT: November 4,1998 ENTER INTO RECORD: IIMIMMIIMI�=11111��=' � 1 110 � � , I , ii i� I � ME= Martin Omer - Planning staff Susan Altes- Regional Transportation District Rob R so - e ional, Transportation District Tom Currigan- Kaiser Permanente Michael Wright-Mount Olivet Cemetery ANX-98-051WZ-98-17 Page 2 Planning Commission The following items were discussed: ANX-98-05/WZ-98-17 Page 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 (wit�h density of up to 15 units per acre) uses. ZONING: Exhibit B is the legal description of the property proposed for zoning, while Exhibit C contains the proposed list of permitted and prohibited land uses for the property. Staff has the following comments regarding the criteria used to evaluate a zone change application: I 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 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. ANX-98-05/WZ-98-17 Page 4 Planning Commission 3. 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 plan and other related policies or plans for the area. lot 9 It 4. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The following benefits to the community will be achieved as a result of the proposed annexation and zoning: C That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. ANX-98-051WZ-98-17 Page 5 Planning Commission All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. Any future development • the property will be required to construct improvements associated with the development, as well as any required site specific drainage facilities. 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. 1 F! 11 il 111111 !l ll 11.1 kil WIN # 0 I fit untisaw anj ylvsslulp " I necessary) and internal traffic circulation facilities. The requirement for any such improvements shall be formulated at the time of actual development planning for future uses. ; _X- i i • # I I TrIF mlpertj is 717 e lonolarK-047M7 Mlxxv I automobile parking areas, passenger waiting areas and bus stacking areas. Any future development on the property will meet the use criteria of Exhibit C. The existing Jefferson County zoning, which will be superseded by City zoning, is Agricultural-Two, Commercial-I and Planned Development. 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 Mil+ 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 of 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 rill providing for necessary services, products or facilities especially appropriate at th location, considering available alternatives. I 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 no 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: ANX-98-051WZ•98-17 Page 6 Planning Commission Wheat Ridge Parks and Recreation Commission in a memorandum dated October 22, 1998, the Commission notified the Planning Department of their motion as follows: WIN manner that is sensitive to wildlife needs, lakeshore environment, and view corridors. Prospect Recreation District in a letter dated November 6, 1998, the Recreation District states that while not opposed to the annexation of property, concerned about the removal of property from landowner District. The i to seek exclusion from comments Wheat Ridge Police Department in a memorandum dated October 10, 1998, the Police Department submitted « « Fairmount « « vement Association in a letter dated November « « vement Associatiro concerns states their « the Mount Olivet Cemetery solitude • of : Prospect Jefferson County in a letter dated November 5, 1998, the County submitted the followin comments: Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, Aare, smoke, and the presence of hazardous materials and waste. Responding « Concerns: City of Wheat Ridge Department of Public Works in a memorandum dated October 7, 1998, the Public Works D- « « the following comments: ANX- 98- 05/WZ -98 -17 Page 7 Planning Commission 51 MIN= IMM '1 '1 1 �� I I I Ward Road impacts must • approved by CDOT. City • Arvada Valley Water District Staff concludes that the proposed annexation meets the state criteria for annexation eligibility, is a logical extension • the City's boundaries, is able • be served by and is in the best interest of the City. Therefore, staff recommends approval • the annexation. Staff concludes that the proposed zoning of the property to C-1, Commercial-One (with restrictions) meets the corresponding City zoning review criteria and that the proposed land uses are considered appropriate for the property, No negative impacts from the zoning are anticipated. Therefore, staff recommends approval • the zoning change. ANNEXATIQNS Option A: I move that Case No. ANX-98-5, "Annexing to the City • Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Faculty, as legally described irt Ex!6bit_B be recommended to the Cit% Council for APPROVED for the following reasoni annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension • the City's boundaries. 3. The annexation will allow the City to gain regulatory control • any future developme of the subject property. I rmew M Ji� 1 ­ 1 1:i ji I ig� i i; 1; 511 I'Ma4mvi MMMM 5145�� 101 WTA' 214 4101W MMI U49 VOW • # H IN *TIT? t I" following reasons: ANX-98-05/WZ-98-17 Page 8 Planning Commission I . The annexation does not meet the state criteria for annexation eligibility. 2. The annexation will not be a logical extension of the City's boundaries. 3. The annexation will not allow the City to gain regulatory control of any future development of the subject property. I 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. ► # I= I tLOALOggimm 1 . The proposed zoning is not consistent with the City's rezoning criteria. 2. There would be significant negative impacts as a result of the zoning. 3. The'zoning is not consistent with the City's Three Mile Plan. CARarhjtuTCRPTS�nx98-$.wpd 3x 411- "-Oct az T � � tK 44 1Mr,... by �,. '""" "` � � �• '� SWAM IL IAOVNT AR OLIVET f0 ,M;ws h *e srw _b C Mf H CEMCTARY � «,. R lJ rr"' o r r 8K. 403. PG. go w r AO r N C� r �,. '""" "` � � �• '� SWAM rr wt t � SWAM rr wt w N C� � Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property EXHIBIT C RTD ZONING YT J Section 26-22 of the Wheat Ridge Code of Laws, with the following modifications, restrictions, 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 M'Ore the following uses: A. The following uses permitted under Section 26-22 (B), Commercial One District (C-1) of the Wheat Ridge Code it it li t t 1 It I s j 13 11 ill 3 3 y�� =i #� ia ; rye" 'M p Jill 11 1 1 3�� � ��� tr i ! vj h it It 211 1; 1', # a- Jill 115= s I a f a k t 1e s# rx�� x, Ida,, �t -� � ! lit vji x i lit All i3 t it I tr Y a mi yt t ,i J ky- irs k, it it I ;s Y s S y . 1 3 1 Ii. I► I ' r Ill I3 It ;fit It � � '�_�� � `��� �� � �� � ��� I 11 Iis -I . 1, - a lit