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HomeMy WebLinkAbout10/18/20121. v� City of h6atRid �ge PLANNING COMMISSION AGENDA October 18, 2012 it Y; neat AaageTianning Commission on October 18,2012, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of PVheat Ridge. Call Ileather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of meeting i fyou are interested in participating and need inclusion assistance, 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 6. PUBLIC FORUM (This is the time for any person to speak on any subject n-M appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARINGS A. Case No. WZ-12-08: An application filed by Matthew Rock for approval of a zone change from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W. 42" Avenue. 9. ADJOURNMENT a A. Case No. WZ-12-05: An application filed by the City of Wheat Ridge for a City- initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use- Commercial (MU-C). This case was presented by Lauren Mikulak. She entered into public record the contents of the case file, zoning ordinance, Comprehensive Plan, and digital presentation. All notification and posting requirements have been met; therefore, there is jurisdiction to bear this case. The proposed rezoning area inct the J uly 201 rezoning the W omission when an a drt 'oontactt property. 'I'l to MU-C as provides for . �I w hich was inadvertently excluded from idor to MU-C. Staff discovered the ;rdin gdevelopment options for the fed and requested that the parcel be rezoned ect property is currently zoned R-3 and development but does not allow for Staff concludes that a City - vitiated rez6 lb of the property will correct a past error, increase development opportunities for the property, and fulfill the original intent of the Wadsworth corridor rezoning. Because the zone change evaluation criteria support the zone change request, staff recommends approval. Commissioner BRINKMAN asked if the property owner has a development plan for the site that is consistent with, the mixed use zoning. Ms. Mikulak explained that the property is currently on the marked and staff is unaware of any development proposals for the site. Commissioner BRfNKMAN asked if the minutes of the neighborhood meetings can indicate who is a property owner or who is a renter, to indicate their interest in attending the meetings. Ms. Mikulak explained that typically only name and address have been requested when attendees sign in at a neighborhood meeting, but in the future they can ask for more identifying information. Planning Commission Minutes -2— September 6, 2012 Chair TIMMS asked if the unimproved area between the fence and the street is part of the lot or part of the right- cat -way. Ms. Mikulak explained the majority of this area is part of the subject property. Chair TIMMS closed the public hearing as no members of the public were present. It was moved by Commissioner MATT HEWS and seconded by Commissioner OHM to recommend APPROVAL of Case No. WZ-12-05, a request for a City-initiated zone change from Residential-Three (R-3) to Mixed Use-Commercial (MU-C) for property located at 7750 Three Acre Lane, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. 2. The subject property was inadvertently excluded from the July 11, 2011 rezoning of the Wadsworth corri4orto'MU-C, and the proposed zone change will correct the omission and f0jothe original intent of the Wadsworth corridor rezoning. 3. Any applicant for future development under the proposed zoning will provide adequate utility upgrades where needed. 4. The proposed zone c h not res significant adverse effect on the surrounding area. (MV. Planning Commission Minutes September 6, 2012 'Avenue Corridor to Mixed -3— There was no one wishing to speak on this case, Commissioner WEAVER *Wssed con601ii that mixed use zoning along the corridor could potentially become pr6b]"o , matic where it extends deeper than one property off of 38"' Avenue into residential neiglib4h, ' s. Ms. Showalter responded that the City is sensitive to that point. The existing zoning map on page 2 shows that the areas where the proposed rezoning goes back deeper are already zoned commercial in almost all locations. The MU- N zoning actually has stricter requirements for buffering next to residential uses than the current commercial zoning so staff sees the proposed change to MU-N as an improvement for those adjacent residential areas. Commissioner WEAVER asked about the implications to areas currently zoned R-3 if commercial uses were to encroach into neighborhoods. Ms. Showalter confirmed that could occur in a few places. For example, a comer coffee shop adjacent to a residential area would be desirable. The City wants to encourage development where people will enjoy getting out in their neighborhood and walking to nearby businesses. Planning Commission Minutes .4— September 6, 2012 Commissioner WEAVER asked if there is a review process for uses such as drive-through business. Ms. Showalter responded that a drive-through would be required to have a conditional use permit, which requires additional review. Planning Commission Minutes September 6, 2012 structure plan map from our Comprehensive Plan. Ms. Showalter pointed out areas in dark purple on the map in which the City wants specifically to attract employment based uses. Some of these areas will be well covered by the zoning change because they have the existing I zoning. Staff is also proposing some updates to make new development easier and attra reduction in landscape requirements to industrial type development. pment standards which is hoped will ent in some of these areas. One is a 20%, which is appropriate for an ,iat,4pply where adjacent to a public street. a front setback is as high as 50 feet. �dated to include requirements for light n,quality for facades visible from the street, the 1 0 -rot range, which is what is Staff is also proposing to increase setbacks where adjacent to residential uses. This is feedback from a Plan hingkom, m, ission study session a couple of months ago. It was taken under consideration, and currently ire code requires a 5-foot per story setback where adjacent to residential us&§46-,tbc prop6s anges increase that to a blanket 15-foot minimum. It is also clearly required now that where adjacent to any residentially zoned property or agricultural zoned property that has a residential use. Another proposed change is to enable the option to do straight rezoning to I-E districts. Currently this cannot be done as an applicant has to go through the planned development process, which takes longer, and involves more up front time and money. This proposal will enable straight rezoning in which the applicant will still have to have a public hearing and solicit neighborhood input but they are not required to specific a development plan up front as part of rezoning. Staff recommends approval of this ordinance. It changes the light industrial zone district so that it conforms with the goals set out in the Comprehensive Plan and overall it creates a more flexible and attractive industrial option. Commissioner MATTHEWS questioned whether it is common to have design standards for industrial in the zoning code, or is it more common to leave design standards for a Planning Commission Minutes -6— September 6 , 2012 separate manual. Ms. Showalter responded that it is a little more common to use planned development negotiation as a way to negotiate design standards, or to usettee City's current model of a separate design manual that establishes guidelines. by Commissioner e amending Chapter 26 Motion passed 6-0. There was no one to speak 7.this case. SEEMEMIMMM t a punc; may requi mm Commissioner BRINKMAN asked about the status of amendments to the sign code. Staff responded that this code change is on their list, but there are two things affecting it at this time. City Council will be looking atproperty standards for commercial properties, and signage is a big part of that, and it is currently on hold. Also, .Meredith Reckert is going to be out of the office for a couple of months this fall and no zone code changes will be initiated during that time due to short - staffing. It's going to be a slow time during then, but it is definitely on the to -do list. In the mean, time, staff will begin research on the topic, including attending a session at the stat APA conference this fall on electronic signs. Commissioner BRIN MAN em laasi e that she is serious about her earlier request of obtaining more information about tfae attendees at neighborhood meetings. She thinks it is very important o m w if the people attendij6g.,are property owners versus renters, or what interest the, have in" attending 4101ligh ood inceting. There were no other items to come before.the Commission. The next Planning Commission meetifigis, scheduled for October 4, 2012. a 1 s p.m. Motion carried 6-0. Planning Commission Minutes September 6, 2012 -_ e v - City of � Wheat c(jhA DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: October 18, 2012 CASE NO. & NAME: WZ -12 -08 / Rock ACTION REQUESTED: Approval of a zone change from Agricultural -One (A -1) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 12600 W. 42 " Avenue APPLICANT(S): Matthew Rock PROPERTY OWNER(S): Matthew & Trudy Rock APPROXIMATE AREA: 47,748 Square Feet (1.1 Acres) PRESENT ZONING: Agricultural -One (A -1) PRESENT LAND USE: Vacant land COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE 0 W W U_ 0 Z O ..f Y Case No. ff7� I2- 08 /Rr i, All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST II. EXISTING CONDITIONS /PROPERTY HISTORY Case No. WZ -12 -08 is an application by Matthew Rock requesting approval of a zone change from Agricultural -One (A -1) to Mixed Use - Neighborhood (MU -N) for property located at 12600 W. 42 Avenue (Exhibit 1, Legal Description & Map). The zone change is the first step in the process for approval of mixed use development on this site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The proposed rezoning area includes one parcel the total area of which is approximately 1.1 acres (Exhibit 2, Aerial), Subject Property The property is located at 12600 W. 42 Avenue which is south and east of Interstate -70, just north of the Clear Creek Greenbelt. The site is located within the I- 70 /Kipling Corridor Urban Renewal Area. The property is currently zoned Agricultural -One (A -1), which allows for single - family dwellings and agricultural uses. The applicant purchased the property in 1998, but the site has remained undeveloped since that time. In 2003 and in 2004, the applicant met with staff to discuss the possibility of rezoning to a planned commercial development (PCD). The PCD zone change proposal did not move forward, however the property was consolidated from two lots to one in 2005 (Case No. MS- 05 -02). The resulting parcel is trapezoidal in shape, with the western property line being nearly twice the length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was relocated and now runs along the southern and eastern property lines. Currently, the subject property is undeveloped and is the only vacant parcel along this portion of W. 42 Avenue lExhibit 3, Site Photos). Surrounding Zoning and Land Use The surrounding properties include a variety of land uses and zoning designations (Exhibit 4, Zoning Map). To the immediate south, west, and east are parcels also zoned A -1. To the east is the administration and maintenance facility for the Prospect Recreation and Park District, to the west are two single - family homes, and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across W. 42 Avenue to the north are two properties zoned Restricted Commercial (RC). These include the Jefferson County Head Start facility and a one -story office building with several businesses including Grainger Supply and Radio Resource. At the intersection of W. 42 Avenue and Youngfield Street are two more commercial properties. The office and show home for Modern Log Homes is located on a parcel zoned Neighborhood Commercial (NC), and a multi -tenant commercial building at the southeast corner is zoned Commercial -One (C -1). Case No. 97-12 -08 /Rock Under the current A -1 zoning;, permitted uses include single family homes and some agricultural functions. Under the proposed coning, a single family home would still be a permitted use, but the MU -N zoning; expands development options to include live /work scenarios or neighborhood-serving commercial uses. The applicant does not have any specific development plains but has expressed a desire to see a live /work development and a site design that takes advantage of the Greenbelt views and recreation opportunities The following; table compares the proposed and existing standards that apply to the subject property. In general, the MU-N district is expected to make the subject property more developable by allowing for a wider range of uses. The MU -N zone district also has enhanced architectural controls to ensure compatibility with the variety of surrounding; land uses. Allows new residential, commercial, Allows single- family residential; or mired uses special uses include day care centers, churches, group homes, kennels sMW High quality architecture required No architectural standards for single- tandards related to articulation, family homes; metal buildings variation, materials, transparency permitted for accessory structures Xffl= 5 feet if building has residential use feet 50 feet for all other buildings 0 -- 12 foot build -to area 30 feet 5 feet 15 feet 0 feet 15 feet 1 -2 story = 10 feet 15 feet story = 15 feet 4 story or more = 20 feet 0% for mixed use 5 ° /ii 85% for single use 10% for mixed use 25% 15% for single use Ciise N a. TVZ -1 -x 8l Rock Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: Stajf concludes that this criterion has been met, 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Prior to future development, a site plan review application will be required, This application will include a referral to all impacted utility agencies. In the event that current capacity is not adequate, the property owner/developer will be responsible for utility upgrades. Stqf ,fconcludes that this criterion has been inet, CaseNo, If7-12-08IRock 4 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes on Xenon Street and the businesses on W. 42 Avenue and Youngfield Street. By encouraging mixed use development and establishing specific design requirements, the MU-N zoning provides tools and standards which support the City's goals of improving the appearance and vitality of vacant sites. Stqf . fconcludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Agricultural-One (A-]) zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Over the last 12 years, the character of W. 4 " Avenue has evolved as the north side of the street has developed from vacant land into the viable commercial and public uses that exist today. In 2001, Modem Log Homes developed the property at 4288 Youngfield Street to include an office and show home. In 2003, the one-story office building was completed at 12701 W. 42 CaseNo. TEZ-12-08 I Rock 5 Avenue, and in 2008, Jefferson County developed the school facility for its Head Start program at 12725 W. 42 Avenue. By allowing residential and/or limited commercial uses, the proposed zone change is consistent with the character of the street. Stalf concludes that this criterion has been met. d. The proposed rezoning is necessa" in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive Elan. The proposed rezoning does not relate to an unanticipated need. St( 41 ,fconcludes that this criterion is not applicable.. Prior to submittal of an application for a zone change, the applicant was required to bold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on March 21, 2012. Eight people from the neighborhood were in attendance All affected service agencies were contacted regarding the ability to serve the property. Any applicant for development will be responsible for providing upgrades, as needed. Referral responses in follow in regards to the zone change. Another referral process will occur in the future when a development scenario is known. Arvada Fire Protection District: No concerns. Staff concludes that the proposed zone change is consistent with the Comprehensive Plan and the 1-70lKipling Corridors Urban Renewal Plan. Staff concludes that the zone change will be compatible with the surrounding area allowing the site to serve as a neighborhood buffer. Staff further concludes Case No. IYZ-12-08 lRock 6 that the subject property has long been an underutilized parcel and that property development may be more likely under the mixed use zoning which allows for a wider range of uses. Staff concludes that any applicant for development under the new zoning will, through the site plan review process, be required to provide utility upgrades, as needed. Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare; the architectural controls, upper floor stepbacks, and landscaped buffer requirements of the mixed use district will ensure compatibility with surrounding land uses. Because the zone change evaluation criteria support the zone change request, staff therefore provides a recommendation of approval. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ- 12 -08, a request for approval of a zone change from Agricultural -One to Mixed Use - Neighborhood, for property located at 12600 W. 42 Avenue, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the I- 70 /Kipling Corridor Urban Renewal Plan. 2. The proposed zone change is compatible with the surrounding area. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized, and a zone change may increase the likelihood of the site developing and serving as a transitional site between existing commercial and residential uses." Option B• "I move to recommend DENIAL of Case No. WZ- 12 -08, a request for approval of a zone change from Agricultural -One to Mixed Use - Neighborhood, for property located at 12600 W. 42 Avenue, for the following reasons: PQ 3. ..." Case No. 97- -12 -08 /Rock EXHIBIT 1: LEGAL DESCRIPTION &MAP Legal Description The area proposed to be rezoned is legally described as: LOT 1, BLOCK 1, ROCK SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Also known by street and number as 12600 W. 42 Avenue, Wheat Ridge, CO 80033; as depicted in the map below. 0422, 04225 04250 04250 042 04221 04219 04210 ZZ X 04200 04288 12725 12701 12651 04198 — 42ND AVE 12710 12710 12600 04198 12700 12750 12700 04201 04201 Case No. 6VZ -12 -08 /Rock 8 EXHIBIT 2: AERIAL IMAGE H!r : �� �� / ii ► q"�kek � �� • _ � 043 - 3m! E t t 04315 r 04235 \ �- 04235 - -' -' 04221 `L. 1 r• j y 04225 ' � ; �� "_0 i r ^.' 042:1 . ^t; . - -L.. _. ► &al �a .x + 04288E v im 4 1� -25 _ ;� ` tz nt �' I a— r.r xc D � S !f Case No. WZ -12 -08 /Rock EXHIBIT 3: SITE PHOTOS property was completed in 2003. Case No. WZ - 12 - 08 / Rock 10 Looking south at the subject site; most of the mature landscaping at the back of the site is within the adjacent Wheat Ridge Greenbelt. L oox i ngwesi aown w. + z Avenue; tnrs rnum- tenant uim v uunum6 a\1V33 L11%, 3u%,%,t JIViii Lii%, JUVj� L Case No. 117 -12 -08 / Rock LVVKu g buumudst nuin we corner o1 w. '+L ! - Avenue ana Renon street; the aamimstration ana maintenance facility for the Prospect Recreation and Park District is east of the subject site. EXHIBIT 4: ZONING MAP Case No. WZ -12 -08 /Rock 12 EXHIBIT R OF REQUEST Case Alex X3'7 -12 -0 S' 1 Rock 13 EXHIBIT 6: NEIGHBORHOOD ! City of e_ j Otw of Wheat Ride Municipi Building 73()() W, 2() "' A %et Wheat Ridge. CO K03 P 303Q15,2 F- 103,235,2X57 NEIGHBORHOOD OOD iEETI NOTES Date: March 21, 20 .'its Staff Present Meredith R c ert, Senior Planner Torn Martinez„ owner's consultant Property Owner(s) ) present? es E"Xisting Zoning. Agriculture tune. A- f Comprehensive Plan n Designation: Neighborhood Members of the public pr °esenc There were seven area residents r d/Or ro erty owners in attendance, Written response: was submitted from David and Joan Amdahl, 42 15 Vivian Street, who could not he in attendance. tae attached sign - nap sheet- pplic nt's Proposal. In 2(X)3 the applicant first proposed as zone chari e for the property, At that time. any ione change would have required as planned development. With the adoption of mixed use zone € istricts in 2010, the a pplicant is snare° propcwsijig as rate change to Mixed Usc- Ncig,hborheacae (MU— to provide mixed use building with greaund floor offices and ripper floor residences, No specific designs or site plan have yct been dra%vn,. The applicant is proposing al development that would take advantage of the Greenbelt sicAvs and recreation opportunities and mould pn.tr idc around-the-clock presence on the property from residents and employces Existing Conditions. JIle property is located at the southwest corner of " fit 2 "' Avenue and "Xenon Street. T'he parcel is tentatively addressed as 12th 0 W, 42 a Avenue, and is identified as PIN 39 -203-06-003, The property is currently zoned Agriculture-One A-I . Case No. fVZ- Cam' -t?8 l Rock 14 ne surrounding properties include a variety ofland uses and, zoning designations, To the innnediate south. west, and cast are properties also zoned A- I . To the west is a single-tamily residential hounc, to the cast is the Pwspect l vreation and Park District administration and maintenance facility, and to the south is Clear Creek and the Wheat Ridge Greenbelt, Across 42"' Avenue to the norlb are propenics, zoned Neighborhot)(1 Commercial (NC) and Restricted Commercial (RC), These include businesses such as Grainger Supply and Radio Source, as well as the Jet'fi:rson County Head Start facility, At the comer of W, 42"' Avenue and Youngfield, just two lots to the we are the offices fin Modem Log Homes and a multitenant commercial building 7-oned Counnercial-One (C- I ). The following issues were discussed: What is proposed to be built? hvc/lrork units with continerrial on the 1 katomflo(w and res. iden'tial above that ma"Y be attractive to an allist Or Someone with as"lall business such as a (,`A4, . OPHOn OUIV he as multi- finnitv 1,,troject, Will Mr. Rock be living there and operating his rootingrompany? A"O, I/it proposed Afixtd tkie N"eighbOl Zoning on the properti wouhi not allon as contractor 'T a# Jlc, , When did Mr. Rock buy the property? Mr. Rock purchased lite prq1,vqv in 1998 What are the tax implications if the property were rezoned and developed commercially? The Otv of 11"heat Ridge is not the taxing entitr: it is A, Couniv. here shottla' be earl increasc in propem to 4 it wert developed comincreial1r, The area residents wondered whether Mr. Rock would like to live next to a eons nercgal b u si ness with the trafflic, lights, noise. trash trucks, etc. The neighborhood Indicated that they are not in favor of any more commercial land use in the area and would like to see the property developed with A-1 zoning. They would prefer to see a bouse built on the property. Case No. 14 1 7-12-08 / Rock- 15