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HomeMy WebLinkAbout05/17/2012'* V, City of _]�qrWhbat R�ige AGENDA May 17,2012 7, 7 MY Tt M FT W tv - 71 fmcm r v, tr i r m r w w w AT1 Commission on May 17,2012, at 7:00 w the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored ky the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance cif a meeting if yarn are interested in participating and need inclusion assistance. I 4. APPROVE THE ORDER OF THE AGENDA (items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — May 3, 2012 6. PUBLIC FORUM (This is the time for any person to speak on any subject n appearing on the agenda. Public comments may be limited to 3 minutes. i Y 11i3 3 MC A. Case No. WZ-12-03: An application filed Patrick Nichols & Associates for approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood for property located at 4695 Wadsworth Boulevard. B. Case No. ZOA-12-01: An ordinance amending the Wheat Ridge Code of Laws pertaining to planned development district regulations The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Alan Bucknam Monica Duran 0 11 Staff Members Present: Ken Johnstone, Community Development Director Meredith Reckert, Sr. Planner . .. . ... ..... Sarah Showalter, Planner 11 .. . . . .. ... Ann Lazzeri, Recording Secretary N1 It was moved by "C W'u issioner MATTHEWS and seconded by Commissioner " A TIMMS to amend l e agenda as follows: Move Agenda Item 9 (election of officers) to Agenda Item 8. Motion carried 7-0. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of April 5, 2012 as written. Motion carried 5-0 with Commissioners BUCKNAM and GUILDNER abstaining. Planning Commission Minutes - 1 -- May 3, 2012 There were no members of the public present. A. Case No. WZ-12-02: An application filed by IBC Denver 11, LLC for approval of a zone change fi Planned Industrial Development (PID) and Light Industrial (1) to Mixed Use Commercial TOD (MU-C TOD) for property located at 5060 Ward Road. ' ", "'J" " )he, d all pertinent documents into urdt tion to hear the case. She Staff coluded that the property is the areavl lTmatically impact the change eva riteria support the �n of approva In response to a question fron small overlap from the TOD.� acquire this small piece. Ken to be decommissioned. Howe access to light rail. In response to questj that surface parking is parking in the future. nissioner TIMMS, Ms. Reckert ek ' 14ined there is a and RTD is negotiating with the landowner to one stated that the proposed Park-N-Ride is proposed �Veralbus bays are planned to provide for commuter ATTHEWS, Mr. Johnstone explained will b600riortunitv for structured would impact businesses to the south. Ms. change because that area is not being 1101 A Mr. Mott, � appI was excited t that he had nothing to add to the staff report other than he a rezone that is consistent with the City's vision. In regard to questioris the small piece of property on the east side, he stated that it is .9 acres in size and RTD plans to acquire it. The zoning should have no impact on appraisal of the land. Chair BUCK SAM asked if anyone wished to address the Commission at this time. Hearing no response, lie closed the public hearing. I t 1 0 InTgNUMUTTIR I to] oil Motion carried 7-0. A. Election of Officers Steve Timms was elected to serve as CW Anne Brinkman was elected to serve as V The purpose of the study session was to hold discussion and receive input on staff s proposed changes to the Manual, The Commission was in agreement with the proposed changes. There were some suggestions that more articulation for a longer faVade or a building set back from the street could be required. Perhaps facade articulation should be 20% of the required setback but not less than a foot. HMMMME�� Alan Buckmarn, Chair Ann Lazier, Recording Secretary Planning Commission Minutes -3— May 3, 2012 City of "� W heat iShc COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: M. Reckert May 17, 2012 WZ -12 -03 /Patrick Nichols, LLC Approval of a zone change from Residential -Two to Mixed Use Neighborhood LOCATION OF REQUEST: 4695 Wadsworth PROPERTY OWNER: Greenspring Baptist Church Fellowship Santa Rosa, CA APPROXIMATE AREA: .29 acres PRESENT ZONING: R -2, Residential -Two COMPREHENSIVE PLAN: Primary Commercial Corridor/Neighborhood Buffer Area ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIG ITAL PRE � r " ..sue ►�i �'/ �' 1� y� . Planning Commission WZ- 12- 03/Patrick Nichols ,�p s�'I'l9.1 �." All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Residential -Two (R -2) to Mixed Use - Neighborhood (MU -N) for property zoned R -2 located at 4695 Wadsworth Blvd. The applicants currently own and operate the business Modmood and Retro Consignment located at 7700 W. 44` Avenue in Wheat Ridge. They specialize in mid - century modern design furnishings and decor. Among the services they offer is a design center for commercial and residential customers. The applicants are seeking to expand the design center and showroom components of the business into the subject property. The architecture of the existing home is mid - century modern, which complements the modmood aesthetic, and also compels the applicants to preserve the home's historic and architectural value. (Exhibit 1, Applicant letter) The zone change to MU -N is the first step of the process for approval for adaptive reuse of this site. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. II. EXISTING CONDITIONS /PROPERTY HISTORY The property is located at the southwest corner of W. 47` Avenue and Wadsworth Boulevard. The property is zoned Residential -Two (R -2) and is part of the Hillcrest Heights Subdivision which extends to the south and west. The R -2 zone district allows primarily one and two - family dwellings based on lot size and width. The subject parcel is 12,482 square feet (0.29 acres). The property has on it a two -story residence with a basement originally built in 1947. The footprint of the home is unique with the southern third parallel to Wadsworth, the middle third at a 45 angle to Wadsworth, and the northwestern third nearly parallel to 47` Avenue. Access to the lot previously came from Wadsworth, but this access is inaccessible by a split rail fence installed in 2005. An unimproved driveway serves the property from W. 47` Avenue. The remainder of the lot consists of turf with a few mature trees on the western and southern sides of the lot. The existing home is in a state of disrepair and has a history of noncompliance in relation to building codes, nuisance codes, and permit requirements. In December 2003, a variance application was approved to allow the home to be converted to a duplex. Based on building permit records, this conversion was never completed; there is no certificate of occupancy for any additional dwelling units. III. PROPOSED ZONING In September of 2010, City Council approved legislation adopting new mixed use zone districts. Prior to that, the only provision in the code for mixed use development was the Planned Mixed Use District (PMUD) requiring a site development plan (concept ODP and specific ODP). This presented challenges to applicants as the planned development approval process is lengthy, unpredictable and expensive, taking around six months without certainty of the outcome. Planning Commission 2 WZ- 12- 03/Patrick Nichols The intent for adoption of the new mixed code was to provide a clear predictable and streamlined development process which would establish general development parameters, allowed uses, setbacks and building heights without providing a site plan level of detail. Once rezoned through a public hearing process, the review process for construction would be administrative. The following is a synopsis of the proposed Mixed Use - Neighborhood (MU -N) zone classification: The MU -N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allows for a more limited range of neighborhood- serving commercial and retail uses, in addition to residential. The following matrix designates uses and development parameters for the MU -N zone district. Development parameter Mixed Use -Neighborhood Building height 35' - for residential use 50' — all other buildings Setbacks /landscape buffers Minimum side Minimum rear Min. side and rear adj. to residential 0' 5' 1 — 2 story building = 10' 3 story building= 15' 4 story or higher = 20' Development adjacent to residential (p arking lot buffer 6' buffer with 6' screen (fence or upright landscaping) Required open s ace Mixed use = 10 %; Single use = 15% Uses Single family/duplex Permitted Multi-family Permitted Community/public buildings Permitted Banks with drive-through Conditional Use Restaurants Permitted Restaurant with drive-througb Conditional Use Gas stations Conditional Use Uses with outdoor storage Not permitted Retail sales — up to 20,000 s.f. Permitted Retail sales — up to 60,000 s.f. Conditional Use Office Permitted Architectural standards Fagade articulation, Material variation, Transparency requirements, Build -to lines V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26- 112.13.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: Planning Commission WZ- 12- 03/Patrick Nichols 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps. The property is zoned Residential -Two, R -2. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, Commercial development along the Wadsworth Blvd. corridor continues to intensify. Wadsworth is one of the heaviest traveled corridors in the metropolitan area. On the city's street classification plan, it is designed as a major regional arterial and carries over 41,000 vehicles per day (2009 count). Based on increased traffic and intensification of commercial land uses, Staff concludes that there are changed conditions which make this property undesirable for low density residential use. Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The following documents are applicable to the property and are to be used for guides when considering zone changes. NEIGHBORHOOD REVITALIZATION STRATEGY — adopted 2005 This document identified strategies for the city to become a "community of choice ". It established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, targeting underutilized commercial properties for redevelopment and redevelopment of the Wadsworth Corridor. WADSWORTH CORRIDOR SUBAREA PLAN — adopted 2007 This document is considered an addendum to the Comprehensive Plan for this portion of the city. It is intended to be used as both a short-term and long -term planning document by providing guidance for the future development and redevelopment of properties along Wadsworth. The property is shown as Commercial on the Recommended Land Uses Map in the subarea plan. Other identified goals being met are: • Creating an attractive, welcoming front door to Wheat Ridge • Encourage a gradual increase in density closer to Wadsworth • Facilitate future expansion of Wadsworth by CDOT • Improve streetscape appearance • Improve pedestrian connections • Encourage expansion of existing successful businesses in the City Planning Commission 4 WZ- 12- 03/Patrick Nichols COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted October 2009 The property is shown as being a Neighborhood Buffer (brown on the map below) on the edge of Commercial Corridor (red). The intent of the Neighborhood Buffer designation is for buffering and transition between low intensity residential areas and higher intensity commercial corridors. An identified goal of this designation is to encourage investment and redevelopment of properties. Logically, the Primary Commercial Corridor designation relates to Wadsworth Blvd. Wadsworth is the major north -south commercial corridor in the city and is a key target for redevelopment of outdated and underutilized properties. Goals identified with this designation include: • Attracting quality retail development and actively retaining existing retailers • Revitalization of key redevelopment areas with quality design • Creation of recognizable gateways • Establishment of a resilient and sustainable tax base Planning Commission WZ -12 -03 /Patrick Nichols site � 4. 4AhAle .' S � J �«a COMMERCIAL C 0 PARK MEDIUM DENSITY RESIDENTIAL p t 1 C �r MEDIUM HIGH DENSITY RESIDENTIAL MEDIUM HIGH DENSITY MIXED USE TRAFFIC SIGNALS ® WADSWORTH ROW 150 FEET VARIOUS LANDMARKS u. • n BUILDINGS PEDESTRIAN CONNECTION STREETS [7 1.! I COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted October 2009 The property is shown as being a Neighborhood Buffer (brown on the map below) on the edge of Commercial Corridor (red). The intent of the Neighborhood Buffer designation is for buffering and transition between low intensity residential areas and higher intensity commercial corridors. An identified goal of this designation is to encourage investment and redevelopment of properties. Logically, the Primary Commercial Corridor designation relates to Wadsworth Blvd. Wadsworth is the major north -south commercial corridor in the city and is a key target for redevelopment of outdated and underutilized properties. Goals identified with this designation include: • Attracting quality retail development and actively retaining existing retailers • Revitalization of key redevelopment areas with quality design • Creation of recognizable gateways • Establishment of a resilient and sustainable tax base Planning Commission WZ -12 -03 /Patrick Nichols / in Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Wadsworth Boulevard is a major, regional commercial corridor that can carry an estimated 50,000 cars per day. The surrounding properties include a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the north and west are properties zoned R -2 that primarily include single family dwellings. Immediately to the south is a parcel zoned Residential -Three (R -3) that includes a single family dwelling. Further to the south are parcels zoned Restricted Commercial (RC) and Neighborhood Commercial (NC) with uses being the Arapahoe House and an office building. Across Wadsworth to the west are residential and commercial properties zoned R -2 and RC. It is questionable whether this property is desirable for residential use given the noise and traffic impacts generated by Wadsworth. The proposed MU -N zoning will provide a land use transition between Wadsworth and the low density residential neighborhood to the west. Staff concludes that this criterion has been met. Planning Commission WZ- 12- 03/Patrick Nichols C. There will be social, recreational, physical and /or economic benefits to the community derived by the change of zone; There will be economic benefits as a result of the zone change. If the property is rezoned to allow retail uses, sales tax will be collected. Zoning and development of the site would support the Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corridor. There will be physical benefits as the property, which is currently an eyesore, will be improved and maintained. New sidewalk will be required to be installed along Wadsworth providing a benefit to pedestrians. Staff concludes that this criterion has been met. d. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to structure and infrastructure at the time of commercial conversion. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The design center would initially serve clients by appointment only, minimizing traffic impact to the site. The existing residential -style building will remain which means there should be no reduction of light and air to adjacent residential uses. Parking, drainage and buffering for the property will be analyzed at the time of submittal of a site plan. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manuah This criterion is not applicable since the Architectural and Site Design Manual does not apply in mixed use zone districts. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING The required pre - application meeting for neighborhood input was held on February 7, 2012. There were four persons from the neighborhood in attendance. (Exhibit 2, Neighborhood meeting recap, Exhibit 3, sign -up sheet) Planning Commission 7 WZ- 12- 03/Patrick Nichols Attached is correspondence regarding this request. (Exhibit 4, comment letters) VI. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Colorado Department of Transportation: Upon redevelopment, CDOT will not allow access to Wadsworth Blvd. Renewal Wheat Ridge: Supports the proposed zone change. Xcel Energy: Has no objections to the zone change. Will assess service at time of site plan application. Wheat Ridge Economic Development: Supports the proposed zone change. Wheat Ridge Fire Protection District: Will review at the time of site plan application for fire access, water supplies and hydrant locations. Wheat Ridge Sanitation District: Can serve the property. Wheat Ridge Public Works: Due to the inadequate right -of -way for Wadsworth, a 35' right -of -way reservation will be required. Upon conversion to commercial, will require the installation of a 6' wide landscape buffer and 6' wide sidewalk along Wadsworth. Curb and gutter will be required to be installed along W. 47 Avenue. Wheat Ridge Police: No concerns with crime or traffic. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there are changing conditions in the area which dramatically impact the residential viability of the property. Staff further concludes that the proposed rezoning and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ- 12 -03. VIII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ- 12 -03, a request for approval of a zone change from Residential -Two to Mixed Use — Neighborhood for property located at 4695 Wadsworth Blvd., for the following reasons: 1. The property is not desirable for low density residential use due to adjacency of Wadsworth Blvd. Planning Commission g WZ- 12- 03/Patrick Nichols 2. The proposed zone change and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request." Option B: "I move to recommend DENIAL of Case No. WZ- 12 -03, a request for approval of a zone change from Residential -Two, R -2, to Mixed Use — Neighborhood for property located at 4695 Wadsworth Blvd., for the following reasons: 1. 2. Planning Commission 9 WZ- 12- 03/Patrick Nichols rezoning request 4695 wadsworth avenu wheat rl co 800331 Submitted by a - nichols and patrick gooch ImIll . -« modmood studio concept extension of modmood, Ilc which is currently located at 7700 w. 44th avenue, wheat ridge, co 80033. the new building and property would house the more custom and design oriented products and finishes which would include the following products and services: modern shed modmood brand of furnishings and finishes outdoor and seasonal living design and custom services: design and consultation draperies bedding flooring kitchen and bath design media /entertainment rooms color and lighting consultations re- upholstery furniture refinishing and repair consulting wall finishes sculptured wall panels wall covering decorative and faux finishes mid - century modern and contemporary house numbers mail boxes railings bio -fuel fireplaces outdoor heating and fire pits garden and patio decorative items media room furnishings we would be aligning ourselves with the following type of consultants and professional services: interior architect landscape architect general contractors colorists upholsterers floor coving companies and contractors drapery workrooms local furniture contractors and designers cabinet fabricators (granite, laminate, quartz, etc) electrical contractors painting contractors deck contractors M City of COMMUNiTy DEVELOPMUNT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES I City Staff Present: 2M39M1ME= Property location: OM= February 7, 2012 Meredith Reckert, Senior Planner Wheat Ridge Municipal building Second floor conference room 7500 W. 29 Avenue Wheat Ridge, CO 4695 Wadsworth Jeannie Nichols and Pat Gooch, Property owners: Greenspring Baptist Christian Fellowship Trust 740 Fourth Street, Suite 202 Santa Rosa, CA 95404-4421 Property Owner(s) present? Existing Zoning: Comprehensive Plan Designation: Residential-Two, R-2 Primary Commercial Corridor/Neighborhood Buffer Area Applicant's Proposal: The applicants are proposing to rezone the property and convert the residential structure to a commercial design studio. The zone change request is from Residential-Two (R-2) to Mixed Use Neighborhood (MU-N). The applicants currently own and operate the businesses modmood and Retro Consignment located at 7700 W. 44` Avenue in Wheat Ridge. They specialize in mid-century modern design furnishings and d6cor. Among the services they offer is a design center for commercial and residential customers. The applicants are seeking to expand the design center and showroom components of the business into the property at 4695 Wadsworth. The architecture of the existing home is mid- century modem, which complements the modrnood aesthetic, and also compels the applicants to preserve the home's historic and architectural value. The design center would initially serve clients by appointment only, which would minimize the traffic impact to the site. Offices for staff are proposed to be located upstairs. Included in the proposal are improvements to the property such as interior finish work, landscaping, and a paved parking area on the north side of the property. The parking area may accommodate up to six vehicles. 0" 41 Additionally, the applicants are the local dealer of Modem-Shed, a company that provides small size structures that feature sustainable materials, modern design, and pre-fabricated construction. The applicants would like to feature one of the structures on the property in a visible location. The current proposal is to locate a small Modem-Shed above the garage as a second story addition. Existing Conditions: The property is located at 4695 Wadsworth Boulevard at the southwest comer of W. 47"" Avenue and Wadsworth Boulevard. The property is zoned Residential-Two (R-2) and is part of the Hillcrest Heights Subdivision which extends to the south and west. The existing home is in a state of disrepair and has a history of noncompliance in relation to building codes, nuisance codes, and permit requirements. In December 2003, a variance application was approved to allow the home to be converted to a duplex. Based on building permit records, this conversion was never completed; there is no certificate of occupancy for any additional dwelling units. Members of the public present: Four members of the public were present. See attached sign- up sheet. Three letters were also submitted regarding the proposal with commentary. The following issues were discussed: Is the building being demolished? No, ive are planning on rq jurbishing the inside and the pr opeqy to acconimodate an expansion of our business, modinood located at 7700 W. 44 1x' Avenue Will the store on 44' Avenue be closed? No, the store on 44' A venue will not be closed. It has a di t . /crentfiinction q1 'primarily retail sales than the proposed expansion prqpe• which ivill more as a design center. There will be some outdoor living iteins sale in the rearyard. Where will parking go? An existing curb cut 7 th 4 Avenue will provide the access to the parking area which will be on tlie north side qf1he building. Trqlftc to and, from the business will be low as it mqy be **bv appointment " on/v What about the old access from Wadsworth? Will that be opened back up again? No, the curb cut on flZadsivorth ivill not be alloivedfior access. 11 Will anyone be living there? O'hat will happen to the trees in the backyard and along the western propertj line? Thee will be cleaned up and removed, ifnecessaty. New plant material will be installed to hell) with bqf ,�e ring,t6r the adjacent singlcjizmilv residence. Will any improvements be required along Wadsworth? The City is requiring installation ol'a 6' wide tree lawn and a detached sidewallf along Jfadsivorth. Curb and gutter is alrea4v in place. What kind of buffering for the property to the west is required? According to the zoning and development code, when a commercial parking lot is located next to a residential property, a six,foot wide bift ,fer with a 6hi gh is required, Will there be any impact on property values in the area? The propeqv has been uninaintained and a rental propeqv,tbr mama years. The proposed improvements ma J, be a benefit to the area. � I I �� � � � \ ^ �� 74 ra . � � .� � � I I Meredith Reckert From: info@wadsworthplaza.com Sent: Tuesday, May 08, 2012 2:03 PM To: Meredith Reckert Subject: 4695 Wadsworth Blvd E . MAINE UWN7 be a welcome change. Therefore, I am in support of changing the zoning as requested. ft&IVA INW& N- • • f -11I gm•' w�:� Meredith, Due to medical tests my doctors scheduled for me on the above date I will not be able to attend the i Sincerely, Patricia Fisher — 7609 W. 47" Ave. — Wheat Ridge, CO 80033 City of PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: May 17, 2012 Lljl PUBLIC HEARING E CODE CHANGE ORDINANCE The attached ordinance proposes a repeal and reenactment of article III (planned development district regulations) and section 26-112 (private rezoning). The revisions address these central goals: Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Chapter 26 establishes procedures for two types of private zone changes: a private rezoning to a straight zone district and a rezoning to a planned development district. Prior to the 2010 adoption of mixed use zone districts, applicants requesting a zone change for commercial and industrial development were limited to only one option: rezone to a planned development district. Now that applicants have the option to rezone to a mixed use district, a reassessment of the planned development process is particularly opportune. A planned development is fundamentally a negotiated zoning and development scenario, and the proposed process separates the zoning and design components of a planned development to reduce the cost and time ZOA- 12-01 / Planned Developments associated with an application review. Each step in the review procedure will now be progressively more detailed but entail progressively less risk for an applicant. The proposed ordinance was reviewed by the Planning Commission at a study session on January 19, 2012. The ordinance was reviewed by the City Council at a study session on April 2, 2012. Current Process The zoning code currently provides two options for review of a planned development application: Option 1: An applicant may submit a single comprehensive document (a specific outline development plan) to seek approval of a zone change, specific site layout, anti architectural design. The application requires a neighborhood meeting, is processed as a zone change, approved by ordinance by city council, and is suhject to legal protest. Subsequently, a final development plan (F P) is reviewed administratively for approval of final design and engineering. Option 2: An optional two-step process includes two subsequent applications: first a conceptual outline development plan to establish the planned development zoning designation, followed by a specific outline development plan to establish site layout and architecture. Under this option, both steps require a neighborhood meeting, are processed as zone changes, and require approval of ordinances by city council. Both steps are also subject to legal protest. Subsequently, a final development plan (FEIP) is reviewed administratively for approval of final design and engineering. The two-step process provides for speculative or phased development, but it ultimately leaves developers with more uncertainty by requiring that both steps be processed as zone change ordinances. Some applicants choose to submit a single specific outline development plan to ensure a single zone change procedure, but this option entails substantially more financial cost and risk at the beginning of the process and results in rigid details of design. Proposed Procc =ss A primary goal of the proposed amendment is to separate approval of specific site design from the zone change procedure and criteria. Under this approach, new planned developments would include two components: 1) An Outline developme lan (ODD) that establishes the planned development zoning designation, permitted uses, and underlying development parameters and 2) A specific development plan (SDP) to provide specific site plans, building elevations, and preliminary civil documents. Applicants will still have two options for review, including a concurrent and subsequent submittal, but the two-step process will be notably more efficient by establishing planning commission as the final authority for the specific development plan. OA -1? -01 / Planned Developments Option 1: An applicant may concurrently submit an outline development plan to seek approval of a zone change and a specific development plan to seek approval of specific site layout and architectural design. A neighborhood meeting is required for the zone change component. Both documents are approved by city council, but the zone change is approved by ordinance and therefore subject to legal protest; the SDP is approved by resolution. No final development plan is required. Option 2: An optional two-step process includes two subsequent applications: first the outline development plan to establish the planned development zoning designation, followed by a specific development plan to establish site layout and architecture. Under this procedure, only the OOP application requires a neighborhood meeting; it is processed as a zone change, approved by ordinance by city council, and is subject to legal protest. In the second step, the SDP is approved by resolution by planning commission. No final development plan is required. With the planning commission as the final authority for specific developments, an applicant may save up to two months under the two-step process. With the elimination of the final development plan, an applicant may proceed directly to building permit review after the approval of a specific development plan—a change that saves an additional two months and reduces redundant reviews. Exhibit I compares the current and proposed processes. Organization In addition to establishing an improved and expedited review process, Article III is reorganized in the proposed ordinance to provide clarity for readers. Several sections have been given new titles that more clearly describe the content of the section. 'File district regulations have been moved to the end of the article, and an appeal process is delineated. A new subsection (26- 302.8) discusses the sequence of related applications, including the outline development plan, specific development plan, and subdivision applications; this information was previously scattered throughout article 111. Criteria The current zone change criteria suggest that a zone change is not justified unless an area has already experienced a change in character. The proposed criteria (26-303.13) are more logical and recognize the zone change as a tool to acknowledge actively changing conditions or to bring a property into compliance with City plans and policies. A planned development is not a means around the zoning code, so ail additional criterion requires applicants to justify why development is not feasible under any other (straight) zone district, including mixed use zoning, A new set of criteria are proposed for the specific development plan. These are more suitable for assessing the site plan for compliance with the underlying zoning. Amendments Flexibility is a central feature of a planned development option, but once approved and recorded a planned development typically entails very restrictive zoning and detailed site plans, making them effectively inflexible. Change is inevitable, and under the proposed code an amendment to ZOA- 12-01 1/ Planned Developments the specific development plan—within the parameters and intent of the outline development plan—would be reviewed administratively or by planning commission, depending on the scope of the variation. An additional provision allows existing planned developments to be amended under the proposed process. This affi)rds more flexibility and administrative discretion than is provided under the current code. See. 26-112 (Private rezoning) Staff has proposed modifications to the general zone change procedure that increase clarity and update the zone change criteria (as described above). There is no change to the process or submittal requirements for a private rezoning. The proposed amendments consolidate the review procedure into one section and more clearly state when a private zone change applies, versus when a planned development is required. Sec. 2-60 (Planning commission) Chapter 2 (Administration) of the code of laws establishes the functions of the City's boards and commissions. Section 2-60 states the functions of the planning commission, and summarizes land use procedures as they relate to planning commission review. Tile proposed amendments include updates to section 2-60 to align with current review procedures. RATIONALE FOR AMENDMENT Because a planned development includes both zoning and design components. the process will never be as simple as a straight zone change. The option for mixed use rezoning significantly minimizes fixture dependence on planned development districts, but there are, and will continue to be, unique development scenarios that are not feasible under other zone districts. The purpose of this code amendment is to establish a more logical, predictable, and efficient review procedure, allowing a developer to proceed with more assurance through the entitlement process. Ultimately, the amended procedure supports City goals by reducing cost, time, and redundancies associated with planned development approvals and by minimizing risk for applicants, RECOMMENDED MOTION; ``I move to recommend approval of the proposed ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith.'* Exhibits: I. Comparison Table 2. Proposed Ordinance ZOA- 12-01 t Planned Developinents A Rio] L The following table compares the current and proposed review process associated with planned developments, The specific development plan (SDP) is proposed to be separated from the zone change procedure (ordinance and criteria), A neighborhood meeting will no longer be required for this site design component- and the SDI) will be approved by resolution thereby eliminating the possibility of legal protest. Additionally, the requirement for as final development plan is eliminated. This reduces redundant reviews and allows an applicant to apply directly for a building or right-of-way permit, CURRENT Con��)utline Devel<T TrTaetit Plan Neighborhood Meeting x PC Public Hearing x CC Public Hearing x Legal protest Recording Administrative Possible Required Review x x tCdtBC thric Dec , el Rt Tent Plan X— —.- x 12`u�iial �Develo lent Plan x x Neighborhood PC Public CC Public Legal Protest Recording Adn rnistraCtv 7 , PROPOSED __I!earing possible Required Review -Q--Uflinc� —D i0—DPL— -- x x x (Sj)P) X Buildi * If the 010 and SDI) are submitted separately. Planning Commission is the final authority on the SDP: no public hearing before City Council is required, Ifthe OOP and SDI) are submitted concurrently. City Council will review both applications together and be the final authority or) the SDP. EXHIBIT 2-, PROPOSED ORDINANCE 141kraWATITIN; ". �NTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series of 2012 :.4 0 0 W01AVNIM mmatill - 1 00 1 0 1 1IN11110111 I W I WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the City has identified a need to simplify land use processes and eliminate redundancies; and WHEREAS, the City wishes to amend Article III of Chapter 26 pertaining to planned development district regulations; and WHEREAS, the City has determined that additional sections of the Code should be amended for the sake of clarification. Section 1. Article III of Chapter 26 of the Code is hereby repealed in its entirety and reenacted to read as follows: 1. Planned Residential Development—PRI). 2. Planned Commercial Development—PCD, 3. Planned Industrial Development—PID. 4. Planned Hospital Development—PHD. 5. Planned Mixed Used Development—PMUD. I] I IN; I r 11111 1' � 111 III 111 • a a r, pil 1� [[N-707, 111111111RIL �-# 1 111I�11111liiiipiiiipli 111�11ppiil accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. promote flexibility in design and permit diversification in the location structures. i 4. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 5. To preserve, to the greatest extent possible, the existing landscape features and • minimize impacts on other natural features of the site. 0 i. To combine and coordinate architectural styles, building forms and building- relationships within the planned developments. 7, To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. i 11!1111111 1 111 II!!11IIIIIIIII!!IjI III IIIIII!!I11111111111 11!1111111111111 111111 ; I I jEjar.r 11� �1111 ; 1111111111111 1 II 11111111111 It 0 10 a zone Mange TT tine 171 tan M - 510(fill an 011111 a planned development district. The outline development plan establishes the zoning, overall development concepts, permitted uses, and development parameters. It also provides a general graphic layout of proposed building pads and proposed circulation concepts, 2. Preapplication neighborhood meeting, After the preapplication conference, but prior to submitting any zone change application for a planned development district, the applicant shall be required to hold a neighborhood input meeting, as described in section 26-109.A. 0 applicant and not further processed until the incomplete items have been supplied. 4. Review and referral. Upon receipt of a complete application packet the community development department shall proceed with the following process: a. Staff will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents. 0 request must be submitted in writing prior to expiration of the sixty-day time limit showing evidence of good cause for not meeting the deadline. C. Modifications ♦ amendments. The process for approving amendments to an outline'development plan is the same as for the original approval, as described in section 26-308. 1plliliiijp�lllnl jii�liijii�i III[ � iiijli�ijllii; I 1!11 111 111 1 1 te is #1 Inj6 eXreffll I* IIIVnI(;rI trio axplualit tel Tivi'511 ales tile criteria have been met: #s t• M M-M # I. Project information. a. Title of document. I 501 f. Name, address, and phone number of architect and engineer associated with the project, g. Appropriate certification blocks as determined by the community development department. "This outline development plan is conceptual in nature. Specific development elements such as site layout and building architecture have not been addressed on this document As a result, a specific development plan must be submitted and approved by the City • Wheat Ridge prior to the submittal • a right-of-way or building permit application and any subsequent site development" • Proposed circulation concepts, including roads, right-of-way, access points, and sidewalks. 0 g. Adjoining property lot lines, building access, and parking so that development compatibility can be determined. h. Scale and north arrow (scale not to exceed 11 11��111111qiip�111 11 11 III I 1111111piIIIII : I "1 11 111111111111111 0 b. Concurrent review. If the outline development plan and specific development plan applications are submitted concurrently, city council review is required for the specific development plan. B. Recording. All approved specific development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action, D. Criteria for review, The planning commission and city council shall base their decision in consideration of the extent to which the applicant demonstrates that all of the 'following criteria have been met 1 . The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article; and 0 111 1111111111 :lI;1l1I!!1jg I 1 0,11 A. Application contents, A complete application for a specific development plan shall include 2. Final drainage report and plan; Traffic impact report; d. Stormwater management plan (SWMP); e. Stormwater operations and maintenance manual (O&M Manual). MKZSGEH�� im d. Existing and proposed circulation system, including roads, rights-of-way, access points, sidewalks, and pedestrian linkages. e. Existing and proposed easements and rights-of-way with accurate dimensions. f. Significant land features (ditches, streams, lakes, topography, etc.) within or adjacent to the property. g. Zoning for adjacent properties, 4. Aerial perspective, A blackline aerial perspective or "bird s'-eye-view" image of the project shall illustrate building location, layout, bulk, and height in three dimensions. 1111 11��11 111111111pip�il I 1154''ill • All IMUM3=- I I IPI 11 A, General, Amendments may • initiated • property owners within an approve development plan as provided in this section, or by the city in accordance with secti 26-111 BE An amendment to an approved outline development plan shall require a new application, subject to the same procedures and requirements as for the original approval, if any of the following conditions exist: is 3. Criteria for review. The director of community development or the planning commission shall base its decision in consideration of the following findings fact: a. The amendment maintains the design intent or purpose of the original approved development plan, and 4. The amendment maintains the quality of design or product established by the original approved development plan; and I I a 11 E I ISMMIMMItzill 4 1 M M limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condominium declarations, etc., which were approved by city council as part of a planned development approval. B. Density. Maximum twenty-one (21) dwelling units per acre. C. Height, Maximum thirty-five (35) feet. i I III ill � i ii I R 1 11 M I M I 33�� 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction ; and W 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. • men= C. Landscaping. In accordance with section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. IN m a. Sixty-five (65) feet where the lot • which the building is to be constructed is at least fifty (50) acres in size, • Additions attached to existing hospitals may be built to a height not to exceed the height • the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. • pill 111 1 �1111 11111pillipill 1111,111 1 t ' I '' I iN D. Height Maximum fifty (50) feet for freestanding commercial buildings only; th il five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures, Section 2. Section 26-112 • the Code is hereby repealed in its entirety and reenacted to read as follows 3= I . Mapping errors, including incorrect boundary location or incorrect zone designation, • im 0 D. Application contents, A complete application for a zone change request shall include: 0 f A discussion of the relationship between the proposal and adopted plans and/or policies of the city. E. Criteria for review, The planning commission and city council shall base its Oecision in consideration of the extent to which the applicant demonstrates 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; and 2, Adequate infrastructure/facilities are available to serve the types of uses allowed by the change • zone, or the applicant will upgrade and provide such where they do not exist or are under capacity and a. The change of zone is in conformance, • will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-approve• policies or plans for the area, b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. F. Recordation. All approved zoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance, M Section 3. Section 26-106 of the Code, entitled "Review process chart," is hereby amended to read: TABLE INSET: 1 If five (5) • fewer parcels, minor subdivision process applies. If more than five (5) �,arcels, major subdivision process applies. W Pre-Application F Final Approval Requested N Notes Staff N Neighborhood S Staff B F BOA U URPC Planned Development: Outline x x x x H H H H U URA A ART 111 Development Plan (ODP) PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN x x H H H H U URA A ART III (SDP) P4aFtned Devtelepaw* Final x x A A U URA A ART44 Planned Development: Outline x x x x H H H H U URA A ART III Development Plan Amendment PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN x x A A H H A A A ART III AMENDMENT Developme4 F4qa4 x A A U URA A AXT44 Rezoning, Private x x x x H H H H U URA § § 26-112 • fewer parcels, minor subdivision process applies. If more than five (5) �,arcels, major subdivision process applies. W 9=91B HIM I � � I I I I III I 1 0 0 # Section 5. The first sentence of Section 26-121, subsection C of the Code is hereby ,?mended by to read: Creation of vested rights, No vested right is created within the City of Wheat Ridge by the approval of any application for zoning or rezoning, site plan, consolidation plan, subdivision plan or plat, planned building group, or an outline-, 1 1 44-4" OR SPECIFIC development plan. [ .. ) �0`111 TRUM 1 iI'11 �Ig� 11111 1 Ill IIIIII!j p I jillp! I I II M Section 7. Section 26-224, subsection A.3 of the Code, pertaining to the design manual exemptions, is hereby amended by to read: Section 8. Section 26-506, subsection 0 of the Code, pertaining to building permits for mobile home parks, is hereby amended • to read: Section 9. Section 26-603, subsection F of the Code, pertaining to fences in planned developments, is hereby amended by to read: F. Planned developments. Fences and divisional walls within a planned development may vary from these standards; provided that the fences are in conformance with the provisions set forth for fencing and walls as approved in the offirial OUTLINE development plan AND AS DETAILED ON AN APPROVED SPECIFIC DEVELOPMENT PLAN. Section 10. Section 26-615, subsection C • the Code, pertaining to commercial mobile radio service (CMRS) facilities in planned developments, is hereby amended • read. I W �a kid Section 11. Section 26-1004, subsection B.5 of the Code, pertaining to zoning code violations, is hereby amended by to read: 5. The uses, conditions, or development standards of a plamneA final development plaFt • APPROVED OUTLINE OR SPECIFIC DEVELOPMENT PLAN. I Section 12. Section 2-60, subsections (g) through 0) of the Code, pertaining to the functions of the planning commission, are hereby amended (with appropriate re- lettering) to read: (g) Public hearings for development plans for planned development zoning shall be conducted using the same --^-duFes as feF appwal of plats- PROCEDURES OUTLINED IN CHAPTER 26, ARTICLE Ill. RE READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to -, this _ day of 2012. SIGNED by the Mayor on this day of ,2012. 30: - . • Janelle Shaver, City Clerk ist publication: 2nd publication: Wheat Ridge Transcript: Effective Date: m