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HomeMy WebLinkAbout12/06/2012City of h6 at R 1 09c AGENDA December 6, 2012 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on December 6, 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 Wzeat Ridge. Call Ileather Geyer, Public Ii?formation OfJI'cer at 303-235-2826 at least one week in advance of meeting if you are interested in participating and need inclusion assistance, A. Case No. WZ-12-10: An application filed by Arturo Fernandez for approval of a zone change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) for the property located at 4335 Harlan Street. B. Case No. WPA-12-01 A resolution adopting an addendum, - 3-Mile Plan", to the City of Wheat Ridge Comprehensive Plan 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair TIMMS atl Chambers of the Municipal Building, 7500 West 2. ROLL CALL OF MEMBERS All` in the City Council Wheat Ridge, Colorado. Commission Members Present: Anne Brinkman 0 1 Staff Memb ellf". 4 ak, Planner I ( IFMONW70" 4 , 011 ur it P eborah, er, Recording Secretary K MN 3. PLk L I JA, F A " 1 IN 1011, 110 4. ROVE Of E AGE gig It oved by TTHEWS and seconded by Commissioner Buie y M to apps the ordi it of the agenda. Motion carried 7-0 with Co mi GUILDN abstaining. S. AP VAL ES — September 6, 2012 It was moved b missioner MATTHEWS and seconded by Commissioner DU RAN to approve the minutes of September 6, 2012. Motion carried 6-0 with Commissioners GUILDNER and BUCKNAM abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes October 1 8, 2012 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 for property located at 12600 W. 42 ad Avenue. Prior to introduction of this case, Commissioner GUILDNER requested that she be recused from the case because she has known the applicants for a long time. with uommissioner SIX0 abstaining. Commissioner GUILDNER left the This case was presented by Lauren Mik 141 contents of the case file, the zoning ordinar notification and posting requij;q have US 1 ,,, 1 case. She reviewed the staff and the l approval of the zone change. 4 1 1 # jQ=Vj # rV She entered into and the digital 1 &n met' There is record the n. All n to hear the Commissioner OHM or dpp _asked if the -ant co pedestrian and bicycle 1 that t -,h proximity to the trail has access to the C e, Trail. M§Wikul, 10M, been of intero the aA ant, but ,ti` s fig%# considered at this time.. In response to C" 6 M' �tm ssi of RINK NI'Mils question, Ms, Mikulak replied that she does 4 not katowAfflhe vro the flikOplain. issionj' 5 t N K?4 said that 41"N 41 1 s seen what looks like evidence of parking t propert not aware of what was making the marks. Staff has ,with applica cl arking or storage is penuitted on a property without , J Cornmissi' "d'.. INK asked for clarification on the location of right of way lines shown on the Ikulak confirmed the right-of-way line is set back from the existing edge Curb and gutter will likely need to be constructed when the site develops. In response to Commissioner BRINKMAN's question, Ms. Mikulak responded that W. 42nd Avenue and Xenon are both classified as local streets. Commissioner MATTHEWS commented that the back of the lot going down to the creek is very steep and approximately 20 feet above Clear Creek, so that would likely answer Commissioner BRINKMAN'S question that the property is likely out of the flood plain. Planning Commission Minutes - 2 — October 18, 2012 Commissioner MATTHEW S asked if utilities will be undergrounded if this property is developed. Ms. Mikulak replied that the Mixed Use code may either request or require undergrounding of utilities, but staff and the applicant haven't discussed this yet. Commissioner MATTHEW S commented that underground utilities would definitely improve the appearance of the neighborhood. In response to Commissioner MATTHEWS' question about, the Mixed Use zoning, Ms. Mikulak explained that any portion of any building within 100 feet of a single family home may be no taller than four stories, no matter what the uses of the building are. Commissioner MATTHEWS asked if the property is : pxempt from charter height restrictions because it is in an Urban Renewal Area. Ms. Mikulak explained that the Mixed Use- Neighborhood zoning does not get exempted so the 35- and 50-foot height limits are hard caps, In response to Commissioner BLTC Mikulak replied that it is tie District, the district that trnaintain parks to a small administration b tables at that location. Ms. not I frequency of the traffic. 1 11 question about the propert, ciiity of the Prospect Recce regular business to the east, Ms. "ion and Park rity. In addition tools and picnic 1 1 1 10urs or the AIMS asked Msjkulak wh1"` WNC and RC parcels to the north were Ms. Mikulak repli &t1,j,,at they were rezoned at least 10 years ago. She I that the developm _b.e lots is fairly recent. In response to Chair TIMMS' question, Ms. Mikulak said there is no minimum lot size in MU-N. Potentially, the applicant could subdivide this lot as long as they meet other setback and parking requirements, but subdividing has not been discussed. Chair TIMMS asked for more information on the limited commercial uses mentioned in Ms. Mikulak's presentation. Ms. Mikulak replied that there are four mixed use zone districts and they get progressively more permissive. The Mixed Use-Neighborbood zone district has the least amount of pennitted uses. Ms. Mikulak read from the permitted use chart. Planning Commission Minutes -3— October 1 8, 2012 In response to Chair TIMMS' question, Ms. Mikulak replied that no industrial uses are allowed in MU-N. Commissioner MATTHEWS asked if the Grainger property across the street would be allowed in MU-N. Ms. Mikulak replied that she is not familiar enough with the uses inside of the building to respond. if it is only offices, it would be permitted. If there, is warehousing, then it would not be pennitted. Commissioner BUCKNAM added that it is a wholesal -f *1 operation. Ms. Mikulak added that wholesaling is a conditional use in MU- r ., use of associated trucks traffic red use A property. He such as a lea seer, florist, or gift can live, te in the same Commissioner BRIM KMAN 11111 area on the site. Mr. Rock res I a school is next to it, people pi for parking. He dqM"t know there are tire ificks in the dirt it lot and a dead end street, and tround point, or use the area d b ut the flood plain when he a 0 it at ti time of purchase they were It is his understanding that it is 25 feet ,)ck has met any of his neighbors besides at that he knows the neighbor to the north, and legal description is Lot I Block I of the Rock Subdivision, d the property. Mr. Rock confirmed that lie platted the confirmed that previously the property was multiple lots and Ms. Mikulak added that one of the previous lots was not developable. There was an east/west diagonal lot line creating a small sliver on the southern, portion of the lot, essentially where the ditch is now located. The two lots were consolidated to make one developable lot. Chair TIMMS opened the public hearing. Planning Commission Minutes - 4 — October 18, 2012 Commissioner BRINIKMAN asked Mr. Boom if he kn 4 ,s how much traffic Grainger Express has brought into the neighborhood. Mr. Bo irks it has brought in considerable traffic, but since he is not home duri 'day he can't be sure. The school also brims in a lot of traffic. Commissioner BRINKMAN asked ifthei Mr. Boom replied that there are no sigq asked for it. aVOnne Beckfeld 4365 X enon, Whet Ride Mrs. Beckfeld stated she own "o ' ! t4210 since 1942 and she provided her; , iste displeasure with theafpic, the bii City's uncarin� r�vard the Al I property. She ra`e that g elu MFIV110 Comae �ri 111,ti`t�lil� 4 Beckfel+d n 43 non St.,' Whe -,., e, CO Ms. Bee , express of Xenon a�' She this zone chai4 � a neighborhood is ,re sighs on he does not 4 ,1 11 M IE restricting truck traffic. i o % " � ` & the neighborhood has u,Y�t gat k B65 Xenon St. She has lived there rorhood. She expressed her ., d what she perceives to be the -Ild if t6 is a ditch ruining through that ,s not now. In response to another doesn't remember if it is the Slater dissatisfaction with the diesel emission operation at the end 'as concerned about the amount of traffic. She fears that if , it will open the door to more of the same aggravations this Planning Commission Minutes -5 October 18, 2012 Chair TIMMS asked if the Commissioners have any follow up questions. Commissioner OHM asked if a photometric plan is r- — ", , and if there a limit on the light that spills on adjacent properties. Ms. Miku `died that it is required for any R new development that has building mounted or, g lights. The code requires that exterior lighting be shielded to avoid all n t i n the property boundaries. Commissioner OHM asked Ms. Miku permitted, because of the complaints a I ti Ms. Mikulak responded that repair, yenta , storage is listed as a conditional use in all ir Commercial Interstate, so a ' "J'tional use business. ifinn, that an aif,"I"',,; g *#,pair shop is not V r diesel shop broug,,,,,,1,I', M " in this meeting. servac of autorno 5 with no outdoor us except cis exc d f axed Use r IN r I e needed for t Kit type of In response to Commissioner BRIT' KMAN's question asking what the next step is for this case, Ms. Mikulak replied that the next step is a public hearing before City Council. The Planning Commissions will make a reconimendation for approval or denial, but the Council will ultimately decide. The case is scheduled for the City Council meeting on January 14, 2013. Commissioner BUCKNAM asked if there has been any conversation about subdividing into two lots, and zoning both of them R- I or R-2 considering the agricultural and residential uses existing on Xenon. Ms. Mikulak replied that subdividing under current Planning Commission Minutes -6— October 18, 2012 A -1 zoning is not possible. The minimum lot size in A -1 is I acre, and this property is 1.1 acres. Residential rezoning has not been discussed but could be considered. Ms. Mikulak responded to Commissioner BUCKNAM's request for clarification on the standards and placement of parking. Parking in MU-N should be next to or behind the building and not between the building and the street. Chair TIMMS closed the public hearing, Commissioner BUCKNAM commented that a residential type of zoning may be more appropriate than a mixed use zoning. He is concerned about intro4 ng too much commercial or retail development into an area that maybe better suited for purely residential. Commissioner WEAVER cod i" 11,1 1 , iat s un ands the intention of MU-N is to N ek provide a buffer, but an increas .",\j co I u se is not going to provide the buffer; rather it seems to bcpncouraging al development. 1,111111� 1 4 . E11 MINE N 0 CommissioneO ' rd that A 7,6 -M tic who spoke mentioned "on , traffic as a majbpconcern � W asked it' "` p ossible ace restrictions on the types of 07, uses permitted ,J &rezon "Rprove app roved t er briet'discussion, Ms. Mikulak agreed it I ....... ma but I0 pq `­"`�ti R . .. $0 es o' ditions are difficult to enforce. M111 N g P 'p E'rn Y MR, Is thank borhood foi coming to the meeting and r a iern I 1`0 vt come to the meetings. She does not believe the zoning c w ill be bene to the'�4"Isi"e"J' hborhood, explained her reasons, and said she will g Col stated he does not think mixed use development standards are t lot. Co tated that agrees with the applicant and staff in recommending development of the site, but he thinks more appropriate development would be residential in nature. It was moved by Commissioner WEAVER and seconded by Commissioner BRINKMAN to recommend denial of Case No. WZ-12-08, a request for approval of a zone change from Agricultural-One to Mixed-Use Neighborhood, for property located at 12600 W. 42 "d Avenue, for the following reasons: Planning Commission Minutes - 7 - October 18, 2012 • Ms. Mikulak reported that Kim Waggoner leas accepted the position of Administrative Assistant to replace Kathy, Field who transferred to Public Works in, September. She will be starting work on Monday, October 22, 2011 • Commissioner OHM commented on the success of Ridge at 38 event. It was a very positive event for Wheat Ridge. • Commissioner BRINK lv " SO ianked the staff and city for Boards and Commission th dinner on October 17 There were no other items to Commission c 9 a Itw by C" an arried 8-0. Steve Tfif - W"is, Chair Planning Commission Minutes October 18, 2012 I IN= 171 Irl Rm a UN11 lull 1gogim ' UN 4 12 9 U 0 1111$ in. in the City Council venue, Wheat Ridge, Colorado. 16 "", Commission Members Present: Anne Brinkman. Alan Buckn No one wished to speak at this time. mano w eaver Cott phi MR >'l lY'Q ��ldnet ` qlg , arah ShoWalter, Planner IT eborah Baker, Recording Secretary 4ti Planning Commission Minutes November 1, 2012 Commission T sent: }Jx } } 11 } } a � No one wished to speak at this time. mano w eaver Cott phi MR >'l lY'Q ��ldnet ` qlg , arah ShoWalter, Planner IT eborah Baker, Recording Secretary 4ti Planning Commission Minutes November 1, 2012 A. Case No. 'Z- 12 -09: An application filed by Dumindu and Scun Realty for a request for approval of a zone change from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for the property located at 3775 Benton Street. This case was presented by Sarah Showalter. She entered into the public record the contents of the case file, the zoning ordinance, the digital presentation and the Comprehensive Plan. All notification requirements have been met and there is jurisdiction to bear the case. She reviewed the staff rt and digital presentation. Staff recommends approval of the zone e ti Commissioner BRINKMAN asked if the og a lso Iso owns Advance y k Auto located to the north of the propt Nfir' ho replied that the current owner purchased the subject propert g the Advance Auto p,mgFinly and doe 1 10 1 AM, Parts property. ........... la g of the lot p, small is because N 31 " Commissioner BRINKMAN comme hat the i of the subdivision in 2007 when Adval F to have an ovu, , ized lot for their commercial use an� very small asked if the PRD i (" ng was the only option for the small lot t 4 t he time of the avision. Ms. Showalter stated that zn the only choice they had fof the z6" fig be co le with the neighborhood was planned residential. Ms. Sho"tter stated , "that she of have firsthand knowledge, but `§h&has read thd',",ease file, aid , fton a s s 'standpoint, PRD wasn't the 'ru�� e, At 11 c,"', t"iA."J" h ere. only option""It just at 'sense to' , a ` N , iden , Commissioner BRINKMAN express"do concern about potential parking issues since the lot is so small. , tote s`pb­Jne to her question Ms. Showalter stated that staff will evaluate parking n eed Aurink'f in tive review and ensure that zoning nse to Commissioner I I BRINKMAN's question, Ms. Showalter responded that not an issu6with this' verty. IM 1933mam Planning Commission Minutes November 1, 2012 loner BRINKMAN's question asking if the trees are on the bject property, Ms. Showalter replied that she is not sure were not researched for this case. -2- Ms. Showalter confirmed Chair TIMMS' understanding that the MU-N zone district has no minimum lot size. In response to Chair TIMMS's question, Ms. Showalter responded that the maximum height allowed on the R-3 lots just south to the subject property would be 35 feet. Suen Phommatha 11773 Gray St., Westminster, CO 80020 The applicant stated that he has nothing addition d to his request at this time. Everything has been well covered in the press His design firm will stay within the rules and regulations of the Cit * d ge. He wants to work with the City and Wheat Ridge 2020 to build the t, Co flu Ob, In response to Commissioner BRIN"AN's question, ommatha stated that he expected more adverse comments from, the neighborhood m and he was pleased there were not, as lie wants tobo,4 part of the neighbors v and do his part to build up the City. 10, In response to Commissio& not aware of the limitations and was intereste in buildii il Wheat Ridgep gain 3745%�ft, s( Mr. Li against th from 38" A 1 'S tution, Mr. Phommatha stated he was when lie purchased it. He saw potential, home on,the lot. After he met with NO g of e pans ans for the p fut a good fit for the property. "S question about whether the residential Phommatha stated that he is unsure but I i O I hearing, t c Ridge, CO 'ition to the zone change request. He stated that he is not at of 38"' Avenue but he is concerned about commercial uses ing into the residential neighborhood. Britta Fisher 3106 Benton St., Wheat Ridge, CO Planning Commission Minutes -3- November 1, 2012 Ms. Fisher stated she is the Executive Director of Wheat Ridge 2020, as well as a resident on Benton St. She stated that she thinks expanding the zone district makes sense. She is encouraged to see vacant land being attractive for investment and development, and is happy to work with anyone wanting to do that in the City. Chair TIMMS closed the public hearing. Commissioner BRINKMAN stated she is in favor of the zone change request, but is concerned about the potential for on-street parking if a multifamily unit is built on the lot. Commissioner DURAN asked for and the subject lot, not the commercial prc Commissioner BUCKNAM stated a challenging space and would like about adequate parking. Ms. Sho" parking is allowed, and that can be It was moved by to recommend-A zone chang V���a with the goals and objectives of 2. The propos( provides a r multi-famil) 3. The propog( safety, or w4 4. The subject, increase the City's 'olds existing con Motion passed 7-0. ic supports the ap e it utilized well, explained that in that the trees belong on 's request to develop also has concerns J-N code, on-street xkina standards. I'm _Z" sition between a commercial corridor and South. will not adversely impact the public health, F,perty is currently underutilized. The zone change may Ghood of the site developing in a way that supports the 38' Avenue and that provides a transition between .-cial and residential uses. Chair TIMMS stated that the case will go to City Council on January 14, 2013, and he invited all interested parties to attend that meeting. F'�'M[ILN am Am II Planning Commission Minutes -4- November 1, 2012 A. LiveWell Wheat Ridge Presentation Molly Hanson and colleagues of LiveWell Wheat Ridge gave a presentation on their activities to the Commissioners. Ms. Showalter added that there is adequate, ,p4*king, ay without on-street parking. An intern working with Community De opment is can ently doing a parking utilization study, and it can be used f re planning to potentially examine the option to replace the on-street par i h bicycle lanes. Commissioner BRINKMAN stated tl e had m the walking assessment and took note of the comments that there has n Ize "F "consideration of o tinua benches. Wheat Ridge is aging popul d if there are adequate benches, it encourages people to walk Ihe'&s`to p, t tvp. She would like to see more benches placed in the appr6 r atc'ai Commissioner WEAVER expressed her concern that funding for LiveWell Wheat Ridge is stepping down. She doubts that people are aware of all the great work this organization is doing. Next year is their last year of funding. They have been producing rich studies and have been very successful in getting people involved. There is a real need to find funding sources and ways to continue the organization. Planning Commission Minutes -5- November 1, 2012 �1„ • Kim Waggoner is on board in the Administrative Assistant position vacated by Kathy Field. • Meredith Reckert's recovery from surgery has been slower than expected. She is still not back in the office. There were no other iterns to come before the Commission. The next Planning Commission meeting is scheduled for December 6, 2012. 'a ORR, M Planning Commission Minutes -6- November 1, 2 012 Steve Timms, Chair ♦ IF City of i� t, COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: December 6, 2012 CASE NO. & NAME: WZ -12 -10 / Fernandez ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 4335 Harlan Street APPLICANT(S): Arturo Fernandez PROPERTY OWNER(S): Arturo Fernandez (DBA Enrex, LLC) APPROXIMATE AREA: 12,750 Square Feet (0.29 Acres) PRESENT ZONING: Restricted Commercial (RC) PRESENT LAND USE: Converted residential structure, used most recently for professional offices COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Case No. WZ -12 -10 / Fernandez All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ -12 -10 is an application by Arturo Fernandez requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) for property located at 4335 Harlan Street jk& 1,ove ur•vey Pl. The proposed rezoning area includes one parcel, the total area of which is approximately 0.29 acres xhibit �. The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy. II. EXISTING CONDITIONS Subject Property The property is located at 4335 Harlan Street which is in the northeast quadrant of the City, three lots south of W. 44 Avenue. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented; it is not intended to include general retail uses that serve the community or region, and it does not allow higher impact uses such as wholesaling, warehousing, or outside storage or display. The subject property is part of Karen Subdivision and is 12,750 square feet (0.29 acres) in size. The primary structure on the property was originally built in 1954 as a single family home. Since that time, the building has been converted for commercial use. A Certificate of Occupancy issued in 1975 indicates that commercial uses have existed since at least that time. Most recently, the site served as offices for insurance and financial planning businesses. The landscaped front yard has been ret a wide driveway and paved backyard have provided off - street parking for commercial tenants It AiW Ti, Site Pho Surrounding Zoning and Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded to the north, south, and east by other properties zoned commercially Between W. 43` and W. 44` Avenues, all but one property on Harlan is zoned RC. Many of the properties on this block are converted residences and include businesses such as a dental office, antique shop, acupuncturist, and offices for an electrician and home cleaning service. The property immediately to the north of the subject lot is zoned RC and is used as a single family home. At the corner of Harlan and W. 44 Avenue are two larger lots with split zoning: Commercial -One (C -1) and RC. These parcels include a Wells Fargo bank and a pawnbroker. Behind the subject site to the west is a residential neighborhood zoned Residential -Two (R -2) and Residential -Three (R -3). III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use - Neighborhood (MU -N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in Case No. WZ -12 -10 / Fernandez which residential and civic uses are permitted, in addition to a limited range of neighborhood- serving commercial and retail uses. The MU -N and RC zone districts are very similar as they both allow neighborhood serving commercial uses. A significant difference, however, is in the treatment of residential uses. In the RC zone district, residential uses are permitted on a very limited basis per section 26 -626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current RC zoning. Unlike RC, in the MU -N zone district new residences are permitted uses (including single - family homes). The applicant has expressed a desire to convert the subject property back to a residential occupancy. The MU -N zoning will allow for the desired residential use and will also preserve for future tenants the possibility of live /work or commercial uses. The following table compares the proposed and existing standards that apply to the subject property. In general, the MU -N and RC zone districts are also very similar in terms of development standards with very slight differences in the setback and lot coverage requirements. Because the subject block of Harlan Street is located in the Traditional Overlay of the Architectural and Site Design Manual, the RC and MU -N zone districts are also very similar in terms of architectural standards. Case No. W7-12- 10 / Fernandez Allows new residential, commercial, Allows limited commercial and existing or mixed uses residential uses Architectural Determined by mixed use code Determined by Architectural and Site Standards Design Manual (ASDM) Building Heigh 35 feet if building has residential use 35 feet if building has residential use (max) 50 feet for all other buildings 50 feet for all other buildings Build -to Area 0 -12 feet 0 -12 feet (along front lot line) (60% of the build -to area shall (60% of the build -to area shall contain building mass) contain building mass) Setbacks Side setback, north* 0 feet 5 feet per story (0 feet if nonflammable) Side setback, south 0 feet 5 feet per story (0 feet if nonflammable) Rear setback, west 10 feet for 1 -2 story 10 feet + 5 feet per add'1 story 15 feet for 3 story 20 feet for 4 story * Although the adjacent property to the north contains a single - family home, enhanced setbacks do not apply because the adjacent lot is zoned commercially (RC). Under the current and proposed zoning, residential transitions only apply when an adjacent lot is zoned residentially or agriculturally and contains a single- or two - family home. Residential transitions do apply along the western property line as shown above. Case No. W7-12- 10 / Fernandez IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26- 122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone districts have similar development standards and permitted commercial uses. While the MU -N zone district will expand use options by allowing for residential uses, these are generally considered to be less intensive than commercial uses. The MU -N zoning is expected to add value to the subject property while maintaining consistency with the character of the area. Staff concludes that this criterion has been met. 2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no development is proposed at this time. If the property is redeveloped in the future under MU -N zoning, a site plan review application will be required and referred to all impacted utility agencies. In the event that current capacity is not adequate for future development or for a change in use, the property owner /developer will be responsible for utility upgrades. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Case No. WZ -12 -10 /Fernandez 4 The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan- - - vision O'heal Ridge. The plan describes flarlan Street as a Neighborhood Commercial Corridor which is envisioned as small-scale, pedestrian-friendly, mixed-use corridor. Although Harlan is classified as a collector, in the subject block the street is designed to feel walk-able and neighborhood-oriented with detached sidewalks, patterned pavers, and several street trees. ,SYIqf ,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 Restricted Commercial (RC) zoning designation as it appears on the City's zoning maps. Vqf ,f concludes that this criterion is not applicable, d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. 'Ytq� ,f concludev that this criterion is not applicable. V. NEIGHBORHOOD MEETING Case,Vo, WZ-12-10 IFernande: 5 V1. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses lbllow: Wheat Ridge Public Works: No concerns. Xcel Energ rights and ability for future �y: No objections, contingent upon maintaining all existing rig expansion. Wheat Ridge Sanitation District: No objections; modifications to sanitary set-vice will be responsibility of owner depending on future uses. Comments received relate only to the zone change request. No comment was received from the water district, fire district, Economic Development Division, or Building Division. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process would be required in the future if redevelopment was to occur. At this time, the applicant is not proposing any redevelopment of the property. VII. STAFF CONCLUSIONS AND RECOMMENDATION Because the zone change evaluation criteria support the zone change request, staff recommends approval of the request. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL, of Case No. WZ- 1 2- 10, a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood, for property located at 4335 Harlan Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. 'The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3 . The proposed zone change is compatible with the surrounding area." Case No. JVZ- 12- 1 0 / Fernandez 6 L .R UQLL (JURCASOR COUNTY CLERK NO RECOMM R*90001374) EAST $=L & KAREN NAL CWNTY OF XFFERSON, STATE Qf COLCRAQ0 I AwRow www == # 'WW 'OT f,' WA 1 ,W "ma PROPERTY UK FU" CtUltR 274 CONNER PROKIETY LINE ADJACENT F'"O 44 NEW smoma Fm" 43 W AT WESTERLY El DO OVERHEAD uYury z Tod$ t! com or ASP"ALT Lo C**wTE H4 �; OD or THE CORNE"', KY NMI" EKE w WIDE CH 0.rcme METER CMCRCTE WALL WITH rVa "117, SORT or PR"TY LINE H IN ., 4VNOTE k Ac SEE (AN) a . CR) R— .— — -- � D .. .. . ..... .. ....... ..... fouma 94 RE". RED PLASUC GAP FENCE .012 NEST C R" IKE CAMA #4 ACKS f KU, Ls LIF PREV13TIV LINE F"D 05 REM* IN WALL SOUTH 42,10 OR TK PLATTto SION V.T ON PLASTIC OAK NORTH LAG or LOS S PA*TtA"y KLCGIXE KARE" lIVOUIVIE04 POUNIT V0&*4NT AS OtSIGMED *LS �LRI-c SEE NOTE 415 -12111 S1014 ISO CALOAATW P09" OF THE coma NOT YOUNG Nfo s" SEE TRIMS #13 4, AT$ CONCRETE PAWING LOT SE*Vltlw. THE WEST vz LOT 5 m am "ma PROPERTY UK FU" CtUltR 274 CONNER PROKIETY LINE ADJACENT F'"O 44 NEW smoma A, W AT WESTERLY El DO OVERHEAD uYury z Tod$ t! com or ASP"ALT Lo C**wTE H4 �; OD IJWTT Am KY LfGHT POLE CH 0.rcme METER Ims MmL am Ac N* CONINCONCR (AN) A'S MEASMED CR) xfFrASOM w TY NoccAvDN # NOT PLAT XA*EN "PAN SM R#4 5J70401 C R" IKE CAMA #4 ACKS A R DEUMOUS TREE CAiPtR 04 K0 WS WATER METER S# K SION FOUND ACM0 CQftW 4 PEA RECORDS 0 POUNIT V0&*4NT AS OtSIGMED lCT* UT f 4/2' ALUV"JM CAP 0 'VN77 ON le #5 *VRAR CALOAATW P09" NOT YOUNG Nfo s" CONCRETE PAWING LOT SE*Vltlw. THE WEST vz LOT 5 m am FU" CtUltR 274 CONNER EDGE OF ASPHM F'"O 44 NEW Exims SOUTH PITH PROITERTY LINE sy A, W AT WESTERLY El DO r SEE NOTE ota z Tod$ t! PtA WINLPE."T *Ewqo Y7Ji #f 7 Lo Ls Al H4 �; OD ASPHALT < PARKING zW SERVICING THE c CAST 1/2 LOT 5 E *R LEGISLE 31 AT S"RWEST C CONCRETE PAWING LOT SE*Vltlw. THE WEST vz LOT 5 m am 1w, EAST Ve Lot 6 KAREN SUNDIVISION FMM REST %,A CORTER F FU" CtUltR 274 CONNER EDGE OF ASPHM F'"O 44 NEW Exims SOUTH PITH PROITERTY LINE sy *ED AZASTIC W AT WESTERLY El 'ILLEWSLE' AT CC"E* r SEE NOTE ota WEST, W THE V4 PA PtA WINLPE."T *Ewqo Y7Ji #f 7 A Ls Al ptcopp 11, SOUTRWEAT 0,1401P S SCCTMN 24 KIE ?LAST !" CAP Nw THE NORTHEAST CaRtf* *R LEGISLE AT S"RWEST C C0403VAIYON PLAT • CAST I/,' LOT 4 KAREN suattvisfoN 1w, EAST Ve Lot 6 KAREN SUNDIVISION FMM REST %,A CORTER F FU" CtUltR 274 CONNER SCCTION 24, TOWNSHIP 3 SWTH, S SECTION 84, T TOWNSHIP 3 sourtL *AWE 69 WEST, Or THE 610 PP, R RANGE AN W WEST, W THE V4 PA PtA WINLPE."T *Ewqo Y7Ji #f 7 7K NORTH U UW W THE PER "UNUMONT p ptcopp 11, SOUTRWEAT 0,1401P S SCCTMN 24 W, *470 AVE N Nw THE NORTHEAST CaRtf* oRP4T w WAY 09 C C0403VAIYON PLAT A R FTAND 2' $*AS$ CAP S S# K Nq TOP SACK or CURS I& SWTH ow TK hwTNEA31 MAKER XMIC0 EURDIVISMU IKI TNE LEST L04 7 THE "ARLAN $1, I (AM) R RIGHT or WAY Ig i NORTH EW 08' RISE CONCREIC WALL WIT" FTHCE *ID $WIN or PAWRIV TYNE I, wit tta r rsET cl-av 4 49T f . Lo CT Lol 5 K THE EAST t/.- ONE 3 rowy OR KRAME AND STOW Ltd IT-31P A CONCRETE PARKING S89*59'17'W 150,00' (AM) 150 (P> eARul—cffKK- S 0036'4W C LINGT* ftW "wir It LENGTN,, 16D.w mw4w w LENGTH, no' " E liho'DF 150,00' PCRWR*, 47aOD ARE 147W $0, ft 0,29 ACRES MA"CK CLOWK - (VSES LISTED O"SM MAW, AND MIAS) ERROR CLosm" DOW C"st 3 90-co-00 E fl"m NoRlIt a 000w EASY ; 0,00000 "case" t 4mmoowoo COPYR041 7012 CKEN MONNURf SURANW, • • Ask CaseNo, PVZ-12 -l0/FernamA,?z S89*59'17'W 150,00' (AM) 150 (P> eARul—cffKK- S 0036'4W C LINGT* ftW "wir It LENGTN,, 16D.w mw4w w LENGTH, no' " E liho'DF 150,00' PCRWR*, 47aOD ARE 147W $0, ft 0,29 ACRES MA"CK CLOWK - (VSES LISTED O"SM MAW, AND MIAS) ERROR CLosm" DOW C"st 3 90-co-00 E fl"m NoRlIt a 000w EASY ; 0,00000 "case" t 4mmoowoo COPYR041 7012 CKEN MONNURf SURANW, • • Ask CaseNo, PVZ-12 -l0/FernamA,?z EXHIBIT 2: AERIAL IMAGE Case No. WZ -12 -10 / Fernandez EXHIBIT 3: SITE PHOTOS Case No. WZ -12 -10 / Fernandez 10 A view of the subject property looking west. The structure was built as a home and still retains a residential appearance with mature landscaping in the front yard. The freestanding sign that appears in this picture was the only indication that the property is zoned commercially; it has since been removed. The driveway on the southern side of the property provides access to the rear of the property winch has been providing off - street parking for commercial tenants. Case No. WZ -12 -10 / Fernandez This picture was taken after leaves had fallen and provides a better view of the structure's front fagade. The lot to the north is a single family home which is zoned Restricted Commercial (RC). The properties to the south (left) are also zoned Restricted Commercial. Many of the properties are converted residences which are now used for small businesses and office space. EXHIBIT 4: ZONING MAP Case No. WZ -12- l 0 / Fernandez 12 EXHIBIT 5: LETTER OF REQUEST i October 19, 201 EXHIBIT 6: NEIGHBORHOOD MEETING NOTES Meeting Date October 16, 2012 Attend' Staff: Lauren Mikulak, r I Location of Meeting: Cit of Wheat Ridge Munkipg Building 7500 W. 29 Avenue Wheat Ridge CO # Property ,address: Existing zoning: Existing Comp. p. Pl 4335 Harlan Street Km Case No. IVZ- 12- 10 / Fernandez 14 I I If r City of , i��Wtteatp s COMMUNriy DEVELOPMENT ge TO: Planning Commission FROM: Sally Payne, Senior Planner DATE: November 28, 2012 SUBJECT: Three-Mile Plan (for December 6th public hearing) The state statues require that the Three-Mile Plan be updated annually. State statues require a public hearing before Planning Commission to adopt the plan. A copy of the Three-Mile Plan is included in your packet. At the December 6, 2012 public hearing, Planning Commission will be asked to adopt the Three-Mile Plan as an amendment to the Wheat Ridge Comprehensive Plan. If you have any questions, contact Sally Payne, Senior Planner at 303-235-2852 or CITY OF WHEAT RIDGE COMPREHENSIVE PLAN ADDENDUM URBAN GROWTH AREA - THREE MILE PLAN INTRODUCTION ......... ......... west of th6 City. This West Area was submitted to DRCOG as the City's urban growth boundary for the 2030 Metro Vision update. The West Area is generally bounded by I- 70, W. 32 nd Avenue, McIntyre Street, and W. 44 Avenue. The area subject to this addendum is illustrated on Map 2. YMB#TJir11#J1 OMME In 2012, the City disconnected a piece of land between Independence Street and Garrison Street at 50' Avenue. The section of land is to be annexed into the City of Arvada. The land is a drainage channel adjacent • Tomlinson Park. Map 2 outlines the section of land for disconnection. The Wheat Ridge City Council approved disconnection of this parcel at an August 13, 2102 City Council public hearing. EI November 2012 LNU s w a m � > s Q 19 aNVIIOH d e T e 1 "1 30N30N3d30N1 L O V a� c O L) to , is 3181 iR NOSIl13 AV ' IF F 6 11 h �� b CV r l i 4 w m p j o N Z � N g wZ d U B On 7 F N 2� O N c U C C O U 0 m 2 M a a c O E , f] m C O M m c Q o C7 m D T c U `) cr Q t L O e U � i • Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum November 2012 1 j lf�tj 1s s a1 T� N Z � N g wZ d U B On 7 F N 2� O N c U C C O U 0 m 2 M a a c O E , f] m C O M m c Q o C7 m D T c U `) cr Q t L O e U � i • Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum November 2012 LAND USE Existing Land Use West Area Existing land uses in the urban growth area are varied. Along the north side of 32 Avenue are areas of low to medium density residential development. To the west of 1 -70 is industrial development along W. 44 Avenue and SH58. A CDOT maintenance facility is adjacent to SH58 at 1 -70. The area to the west of 1 -70 between 32 "' Avenue and 44 Avenue contains a golf course, and several old gravel pits now used for water storage. A majority of this land is vacant and undeveloped. Development Constraints West Area Few natural hazard areas are present in the planning area. The Clear Creek 100- and 500 -year floodplains generally parallel SH58 in the center of the planning area. No other natural hazards exist in the area. Interstate -70, SH58, and Clear Creek present constraints to development by acting as barriers to providing road, utility and other infrastructure improvements to the central portion of the planning area. State and federal rules mandate where access can occur and the manner in which rights -of -way may be crossed for installing utilities. Responding to calls for service in the planning area is made more challenging by the restricted access these barriers present. County Plans West Area Because the urban growth area is currently unincorporated, Jefferson County has jurisdiction over planning and zoning matters. The urban growth area lies within two subareas the County has identified for planning purposes. The Jefferson County North Plains Plan covers that portion of the urban growth area north of Clear Creek and the Jefferson County Central Plains Plan covers the area to the south of Clear Creek. Both the North Plains Plan and the Central Plains Plans were updated in 2011 by Jefferson County. The process of updating this plan included extensive public meetings. Wheat Ridge Comprehensive Plan — Urban Growth Area Addendum November 2012 These County subarea plans show recommended land uses in the urban growth area as residential in existing established residential neighborhoods. Applewood Golf Course and Clear Creek are shown as major park /recreation /open space areas. The area along W. 44 Avenue is recommended as office, light industrial and commercial. The bulk of the large, undeveloped area to the west of 1 -70 is shown as industrial. Future Land Use Map West Area The Future Land Use Map (Map 2) illustrates recommended land uses for the urban growth area. The recommended land uses were matched as closely as possible to the land use categories contained in the 2009 Envision Wheat Ridge Comprehensive Plan. The categories used and the definitions, desired character, and attributes of the various land use categories shown are the same as defined on the Structure Plan (Future City Land Use Map) of the Comprehensive Plan and are hereby incorporated as a part of this Addendum. The Plan establishes the following recommended land uses: • Existing residential neighborhoods at the approximate density shown in the above mentioned County subarea plans • Existing golf course parks, and the Clear Creek floodplain as parks and open space • Employment along W. 44 Avenue and south of SH58 to Clear Creek to include light industrial, storage, warehouse • The large, vacant area west of 1 -70 between 32" Avenue and Clear Creek as Regional Commercial to include retail, employment, restaurants, hotel. The designation of "open space" is a designation to indicate the land should not be developed. This designation does not mean that the property so depicted necessarily is owned or will be owned by a public entity. Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum November 2012 N zQ o r�1 i CL E G , W o A Ot'31b1SM3V, z 1 1 (f) 0. { o N U v c 21 j M y E m U. { � v J Q { Q Q � T a V Ii W C i; i C C d V T N O � d � � E r > LL i E +� w L u LL � a O `c m i u i W E w Ul C w O O 0 LS 3UA1NIOIA Q) � U ell LL I..j Wheat Ridge Comprehensive Plan — Urban Growth Area Addendum November 2012 TRANSPORTATION The existing street network consists of the major north -south connectors of Youngfield on the eastern border of the planning area and McIntyre Street on the western border. East -west connectors are W. 44 Avenue at the north and W. 32 nd Avenue to the south. 1 -70 and State Highway 58 provide regional, limited access highway connections in the area. Trails currently exist along Clear Creek from 1 -70 west to Golden and along 32 nd Avenue from 1 -70 west to Maple Grove Park. Future Street Network West Area The future street network in the area will build upon the existing grid system of north - south and east -west streets. 1 -70 and SH58 will continue to serve the dual roles of providing access to the area and carrying regional traffic. The proposed street network for the area is shown on the Roadway Classification Map (Map 3). A new interchange on SH58 at Cabela Drive has been approved to provide additional access to the area. Improvements to the 1- 70/32 Avenue interchange to increase capacity have also been approved. Major east -west streets included in the future street network are 32 nd Avenue and 44 Avenue. Streets providing north -south connections are Ward Road, Youngfield Street, and McIntyre Street. The new SH58 /Cabela Drive interchange has been approved approximately one mile west of the SH58/1 -70 interchange and to the east of the existing McIntyre interchange. Cabela Drive will connect 32 nd Avenue to 44 Avenue with an interchange at SH58. Cabela Drive will also connect to the 40 Avenue underpass of 1 -70 which provides access to Youngfield Street. Widening of 32 nd Avenue from Wright Court to Braun Court is underway. The improvements on 32 nd Avenue will greatly improve mobility in the growth area. Wheat Ridge Comprehensive Plan — Urban Growth Area Addendum November 2012 C O O o. 1 P _ Lni C ; p 1S 3ai�lY a x Q � �, W .t � "'0 y C) n O M j 3H3339 0 .6 a- la i 1 -i vrrds . �•! ►,u�lt�a�n.l :�:- ••_ .. _ ...7 oa�3lna3s o� s • w 0 U F o tQ L � a M f w p. - m NSA \ (' 0 C6 "3AM1(ri- C � Q Q CD O O 7 ( O N e., _ - - iSVNV10N1 Q a ^ L L LSVN m� ( T O V C C_ C ) a) 3 , 1S 1130VSI () 0 0 Q C I I I m N v 'n io V 0 y.. o m m 0 yid 11 v < r m r 0) C 3 - L 1S 38A1N131A a ON IR rA.. �_:� � �1 I,l•: LLLI lL. 1 - ti. �. l.d. _II.. �� � %,�� () � O x �Lli - L L,�. tiA _ n L {..i 8 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum November 2012 1� 1H`JIaM M IS NON3X d O W O z r EMVa NC OM BS33 ::1 "D D.I 83 w dWVa 03 NO Oil a S a N 1n O 2• d 1= S V'NN'7 f ig , k 0 Z 13VINNIZ C O O o. 1 P _ Lni C ; p 1S 3ai�lY a x Q � �, W .t � "'0 y C) n O M j 3H3339 0 .6 a- la i 1 -i vrrds . �•! ►,u�lt�a�n.l :�:- ••_ .. _ ...7 oa�3lna3s o� s • w 0 U F o tQ L � a M f w p. - m NSA \ (' 0 C6 "3AM1(ri- C � Q Q CD O O 7 ( O N e., _ - - iSVNV10N1 Q a ^ L L LSVN m� ( T O V C C_ C ) a) 3 , 1S 1130VSI () 0 0 Q C I I I m N v 'n io V 0 y.. o m m 0 yid 11 v < r m r 0) C 3 - L 1S 38A1N131A a ON IR rA.. �_:� � �1 I,l•: LLLI lL. 1 - ti. �. l.d. _II.. �� � %,�� () � O x �Lli - L L,�. tiA _ n L {..i 8 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum November 2012 COMMUNITY AMENITIES AND COMMUNITY SERVICES re s1rotectionfti co 1-111 services. Water and sanitation services will continue to be provided by districts currently providing services within their respective boundaries. Within the area currently not served by water • sanitation districts, there are three options to consider: # MI-AIM • it !t Park and open space areas in the urban growth area are currently owned and managed by Jefferson County and the Prospect Recreation and Park District with the exception of the Applewood Gold Course which is privately owned. Two parks located just outside the growth area, Maple Grove Park and Arapahoe Park, are provided • t Recreation and Park District. IE November 2012 Trails West Area Existing trails have been constructed along W. 32 Avenue and Clear Creek by Jefferson County. The County Plans show potential trail extensions of the W. 32 Avenue trail from Maple Grove Park to McIntyre and a trail along McIntyre from 32 Avenue to the Clear Creek trail. The trail along 32 Avenue from Braun Court to Younfield Street will be improved with the above mentioned widening of 32 Avenue. A trail connection is also proposed from 32 Avenue to the Clear Creek Trail along Cabela Drive. These trail alignments are shown on Map 4. 11 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum November 2012 Wheat Ridge Comprehensive Plan — Urban Growth Area Addendum November 2012 N • O + i • Z a • C , L OI - 91V15N91 N1 • �a�O� w Z - ••!••••••• 0 0 m l II� � 1 �` kF Z JIf f S IIt a 1 N c � c W m J S J CJ Y_ • Y m 03 O O c7) O � • C — N O s O .1 �• .i x W a_ .� • W � - C L - m 06 e �Q 0 \\ U � � � W • � O � �. ` Q (n O C 1S 3HAINIJW „�, N m O �..� Q. C O Wheat Ridge Comprehensive Plan — Urban Growth Area Addendum November 2012 CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 2-2012 Series of 2012 WHEREAS, the City of Wheat Ridge adopted a Comprehensive Plan on October 12, 2009; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, the Comprehensive Plan did not include any areas outside the corporate limits of the City as is permitted under state enabling legislation, and WHEREAS, prior to annexation, a city must have in place a plan for the area considered for annexation pursuant to C.R.S. 31-12-105, and WHEREAS, the Planning Commission held a public hearing as provided by Section 2-60(b) of the Wheat Ridge Code of Laws; legal notice thereof being duly published in the Wheat Ridge Transcript on November 29, 2012, said public hearing held on December 6, 2012. NOW, THEREFORE BE IT RESOLVED by the Wheat Ridge Planning Commission this 6th day of December, 2012: 1. That the Planning Commission of the City of Wheat Ridge hereby adopts the amendments of the Wheat Ridge Comprehensive Plan attached as Exhibit A. 2. An attested copy of this Resolution shall be attached to the Plan amendment and a copy of the Plan as attested shall be certified to Jefferson County, Colorado. WHEAT RIDGE PLANNING COMMISSION ATTEST: Chair Secretary to the Commission Uxal Micr�)s(> ft'W4i(i�iws,T'ctitporaty Internet Files,Content.0ullook 1166MM632',FhreeMilePtaflPC'Res«)2012.doc