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AGENDA
February 20, 2014
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on February 20, 2014 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 Cio
of Wiwi Ridge. Call Heather Geyer, .Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
3. PLEDGE OF ALLEGIANCE
1 11111 111 IF!, I pipill pill I 1 111111! 11111pp
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
A. ' Case No. WZ-14-01: An application filed by Mario Lombardi for approval of a zone
change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) for
property located at 6405 — 6409 W. 44' Avenue.
F-Allorewti a 11111
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31
The meeting was called to order by Chair BRIM
Chambers of the Municipal Building, 7500 West
ROLL CALL OF MEMBERS
Commission Members Present: AnneBrink
Commission
:02 pm. in the City Council
te, Wheat Ridge, Colorado.
Mikulak, Planner 11
aggoner, Recording Secretary
1 41
AGENDA
the agenda to read resolution 01 -2171 4 prior
It was move 0 Aoner TIMMS and seconded by Commissioner
tr
BUCKNA to the order of the agenda with the outlined change. Motion
carried 6-0.
It was moved by Commissioner OHM and seconded by Commissioner BUCKMAN
to approve the minutes of December 5, 2013, as written. Motion carried 5-0 with
Commissioners WEAVER abstaining.
on the agenda.)
im
0
OTHER ITEMS
A. Resolution 01-2014: A Resolution Establishing a Designated Public Place for the
Posting of Meeting Notices as Required by the Colorado Open Meetings Law.
Commissioner BUCKMAN inquired if the meeting posting on the website is Section 529
of US Code compliant with American with Disabilities pct Ms. Mikulak stated she
didn't know the answer but will confin'n the compli,
_5 . is a clause that states if
you have a disability or need help to attend to co
AIN" ather Geyer, Public Inforniation
Officer.
It was moved by Commissioner TIMMS and seconded
adopt Resolution 01-2014, A Resolution Establishing a De
the Posting of Meeting Notices as Required by the Colorado
Motion carried 6-0.
sioner OHM to
Public Place for
Meetings Law.
Article IV of Chapter
were presented by Ms.
Administrative Review
subdivisions
,�-bf-way dedication
There W"'W""" # " n
about a lack of public posting for administrative review
f
There waft discussion about why 5 parcels was the threshold for a minor
versus major Ms. Mikulak provided analysis information about 27
subdivision cases since 2008.
Commissioners asked if neighborhood meetings may be appropriate for more
significant plat applications
Ok with reclassification
Ok with more administrative review with more consideration of public notice or
transparency for active cases
Planning Commission Minutes -2—
February 6, 2014
Waiver v. Variance
Proposed changes include:
• A distinction between waiver and variance requests
PC Feedback
- Ok with the proposed approach
Nether a dedication or fees-in-
PC Feedback
- In favor of reduced requirement lit certain areas, suc or urban
renewal areas.
- We should consider to commercial developin, -1
- Suggested using Ayerage household size instead of separate multipliers
for single v. multi taim ym-
a l
- Ok with approach on flat"4
O et
r ifte, and removal from process of parkland fee
- Ok with thearooposed anD
Proposed char - &,,,,,
Reorg'anii, n of
into one section,
�s for flag lots and townho►e lots
Feedback
` . ........ .
Ok with pred
lk
re r zation
n if n't favor flag lot designs and are supportive of
R "'I
ing it more n n0o create a flag lot
- Su' X tve of adt� more restrictions on flag; lots, but removing the pole portion
ent�r��rrm lo�,,, e calculations may not be the answer
Applicability
Policy questions include:
• Whether or not platting should be required prior to issuance of building permits
• Required platting would not apply to accessory structures or to single-or two-
family homes on legal lots of record
Planning Commission Minutes -3—
February 6, 2014
PC Feedback
- Supportive of cleaning up lot lines and encumbrances
- Ok with approach to require platting for multi-family and commercial development;
most would be administratively reviewed under proposed reclassification
Study Session and Project Timeline
Next steps include:
• Study session with Planning Commission — February 6, 2014
• Study session with City Council — March 17, 2014
• Public Hearings — Spring 2014
9. OTHER
A. Chair BRINKMAN inquired about traini
B. Chair BRINKMAN inquired about sign,,,,A
illuminated signs. Ms. Mikulak stat
code amendments.
C. There will be a Plannin Commis Comis
I tax increment financing (TIF).
mendments, particularly related to
is on the Department's list of proposed
on February
nmow���
It was moved by Commissioner 0
WEAVER to adjourn the meeting
M
IN
Planning Commission Minutes
February 6, 2014
22MMEMEEM=
-
City of
" WheatR dg�
COMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission
CASE MANAGER: M. Reckert
DATE OF MEETING:
February 20, 2014
CASE NO. & NAME:
WZ -14 -01 /Lombardi
ACTION REQUESTED:
Approval of a zone change from Restricted — Commercial to
Mixed Use Neighborhood
LOCATION OF REQUEST:
6405 -09 W. 44`" Avenue
PROPERTY OWNER:
MGL Properties
APPROXIMATE AREA:
.45 acres
PRESENT ZONING:
RC, Restricted Commercial
COMPREHENSIVE PLAN:
Neighborhood Commercial Corrid
ENTER INTO RECORD:
COMPREHENSIVE PLAN
ZONING ORDINANCE
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Planning Commission
WZ -14 -01 /Lombardi
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 Restricted- Commercial (RC) to Mixed Use -
Neighborhood (MU -N) for property located at 6405 -09 W. 44`" Avenue. (Exhibit 1, Applicant letter)
The zone change is the first step in the process for approval of a future mixed use development on the
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 zone change includes three parcels, the total of which is approximately .45 acres.
(Exhibit 2, Aerial photo)
II. EXISTING CONDITIONS /PROPERTY HISTORY
Surrounding Zoning and Land Use
The property is located at 6405 -09 West 44`" Avenue in the northeast quadrant of the City. The site is
zoned Restricted - Commercial (R -C) and is surrounded by a mix of residential and commercial zoning
and uses. Properties to the west are zoned Neighborhood - Commercial (N -C) and properties to the east
are zoned C -1. To the south across 44' Avenue are a mix of RC and NC zoning. To the north are
multi - family properties zoned R -3.
The property is one lot away from the future site of the new Kendall Park owned by the City of Wheat
Ridge. Construction on the park will begin this spring. (Exhibit 3, zoning map)
Subject Property
Based on Jefferson County records, the subject property is made of three lots all listed under the Parcel
ID: 392 -42 -24 -063 with a total area of 19,680 square feet. The properties are part of the Lakeview
Subdivision. There are two structures located on the three lots. The western building is 2,162 square
feet in size and was built in 1967. The eastern building was built in 1960 and is 680 square feet in
size. Both buildings are currently used as antique stores which are permitted in the R -C zoning
district. (Exhibit 4, site photos)
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
which residential uses are permitted, in addition to a limited range of neighborhood- serving
commercial and retail uses.
Under the current RC zoning, permitted uses include office, retail and service. New residential uses
are not allowed.
Planning Commission 2
WZ -14 -01 /Lombardi
The MU -N zone district also allows office, service and retail as well as residential uses. The flexibility
of uses allowed in the MU -N is attractive for property owners as it could allow multi - family and
live /work opportunities.
The following table compares the proposed and existing standards that apply to the subject property.
Uses
Allows new residential, commercial,
Allows office, service and retail. No
or mixed uses — includes multi-
new residential development is
family and live /work facilities.
allowed.
Architectural
High quality architecture required;
High quality architecture required;
Standards
standards related to articulation,
standards related to articulation,
variation, materials, transparency
variation, materials, transparency
Building Height
35 feet if building has residential use
50 feet for all uses
(max)
50 feet for all other uses
Build -to / Setbacks
Front
0 — 12 -foot build -to area
0 — 12 -foot build -to area
Rear setback
5 feet
10 feet for first story + 5' each addtl.
Side setback, west
0 feet
0 feet
Side setback, east
1 -2 story = 10 feet
5 feet per story
3 story = 15 feet
Lot Coverage (max)
90% for mixed use
80%
85% for single use
Landscape / Open
10% for mixed use
20%
Space (min)
15% for single use
Given the proximity of the single - family home on the east side, it should be noted that the MU -N zone
district includes standards which offset the potential impacts of new commercial development and
taller buildings and includes parking lot screening, landscape buffers and building step backs.
At this point, the property owner does not intend on expanding the building or redeveloping the site.
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:
Planning Commission 3
WZ -14 -01 /Lombardi
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 will not result in adverse effects on the surrounding area. While the new
zoning would allow for residential, commercial and mixed uses on the lot, any proposed new
development will require site plan review through which traffic impacts, drainage, and buffering
will be analyzed.
The MU -N zoning is expected to add value to the subject property and also to the surrounding
community. The mixed use development standards will support compatibility between future
development and existing land uses. Both the existing and proposed zonings may continue to
provide a revenue source for the City due to sales tax collected.
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.
Although no specific building expansions or redevelopment are proposed at this time, prior to any
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 utility capacity is not adequate,
the property owner /developer will be responsible for utility upgrades. There is minimal
landscaping on the western property. If the properties are redeveloped, they would have to
conform to the landscaped coverage specified in the MU -N zone district.
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.
The proposed zoning is consistent with the policies and goals in the City's comprehensive
plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision
Wheat Ridge illustrates the community's vision by classifying different types of areas and
corridors. It is not a parcel -based land use map, and therefore does not show all existing and
proposed land uses. In the Structure Plan, W. 44th Avenue is shown as being a "neighborhood
commercial corridor" transitioning into an established neighborhood.
Because the MU -N zoning will allow for a wider range of uses on the property, the zone
change is expected to encourage investment in the area, as well as continued revenues to the
city through sales tax collected.
Goals identified for neighborhood commercial corridors include:
• Encouraging improvement of underutilized properties.
Planning Commission 4
WZ -14 -O 1 /Lombardi
• Attracting quality retail development and actively retaining existing retailers
• Increasing housing options
• Ensuring quality design for development and redevelopment
• Maintaining a healthy and active community
Staff concludes 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 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.
West 44` Avenue carries between 11,000 and 12,000 vehicles per day and land use on the
corridor includes a variety of residential, multi- family and small businesses. There have been
substantial improvements in the area as a result of construction of a Walmart center in the
Town of Lakeside just four blocks to the east. Since Walmart provides a regional shopping
draw, additional development is expected. A zone change on the subject property may
encourage similar applications and investment in the area.
The City continues to invest in infrastructure with the proposed development of the Kendall
Street park just one parcel to the east of the subject site. The proximity of the property to the
new park could offer unique opportunities for either commercial or residential redevelopment.
Staff concludes that this criterion has been met.
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.
Staff concludes that this criterion is not applicable.
V. NEIGHBORHOOD MEETING
The required pre- application meeting for neighborhood input was held on December 18, 2013. There
were four persons from the neighborhood in attendance. (Exhibit 5, Neighborhood meeting recap)
VI. AGENCY REFERRALS
Planning Commission 5
Wz -14 -01 /Lombardi
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.
Xcel Energy: Has no objections to the zone change. Will assess service at time of future site plan
application.
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: The proposed zone change does not trigger traffic or drainage
requirements; therefore, Public Works has no comments at this time.
Wheat Ridge Police: No concerns with crime or traffic.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change is consistent with Envision Wheat Ridge and that there
are changing conditions in the immediate area including development in the Town of Lakeside and
construction of the Kendall Street Park. Staff further concludes increasing the potential land use
options through a zone change to MU -N will be a benefit for the city and may serve as a catalyst for
other similar requests in the area. Finally, staff concludes that the proposed zone change will not
adversely affect public health, safety, or welfare.
Because the zone change evaluation criteria support the zone change request, staff is recommending
approval for Case No. WZ- 14 -01.
VIII. SUGGESTED MOTIONS:
Option A: "I move to recommend APPROVAL of Case No. WZ- 14 -01, a request for approval of a
zone change from Restricted Commercial to Mixed Use- Neighborhood for property located at 6405-
09 W. 44` Avenue, for the following reasons:
1. The proposed zone change is consistent with Envision Wheat Ridge.
2. There are changing conditions in the immediate area including development in the Town of
Lakeside and construction of the Kendall Street Park.
3. Increasing the potential land use options will be a benefit for the city and may serve as a
catalyst for other similar requests in the area.
4. The evaluation criteria support the zone change request."
Option B: "I move to recommend DENIAL of Case No. WZ- 14 -01, a request for approval of a zone
change from Restricted Commercial to Mixed Use Neighborhood for property located at 6405 -09 W.
44` Avenue, for the following reasons:
1.
2.
Planning Commission 6
WZ -14 -01 /Lombardi
EXHIBIT 1 - APPLICANT LETTER
To whom it may concern,
MGL Properties, LLC is proposing a zone change to Mixed Use- Neighborhood (MU -N) on the property located
at 6405 -09 W 44 1h Ave Wheat Ridge, CO 80033. The existing zoning on the property is Restricted Commercial
(RC) which allows a variety of commercial uses but does not allow for any residential uses. The proposed MU -N
zoning also allows a variety of commercial uses but residential and mixed use as well which will benefit the
entire area/neighborltood. While there are no specific plans for the property. future updates/new build for
residential /commercial purposes may be possible. The zone change is necessary as it will benefit the area, will
allow for more options, and will improve the overall look, feel and use of the property as the adjacent park is
developed and 44th Avenue grows and improves.
'I he MU -N zoning has a proven track record for its positive effect on neighborhoods in Wheat Ridge as seen
through the growth and resident support of the newly developed 38" Avenue. With the commercial aspect of 44"
Ave slowly evaporating it's important for business owners and the city, in general, to adapt. With a zone change
to MU -N it will open up the door for residential options with a mix of commercial options which will in turn
create more stability along 44' Ave. This change will also create more appeal among other owners and
current/prospective residents ofthe city of Wheat Ridge.
With this zone change, there will be little to no effect on availability of utilities in the area, public facilities and
services, roadways, parks, schools, etc. If anything, the zone change will allow for a cleaner /more adaptable
property that will coincide with the park that is slated to go in just a block east of the property. Any future
development and/or redevelopment will be done at a high level of quality that is consistent with the rules,
regulations and expectations specified by the city of Wheat Ridge. With the change to a zoning that is pretty
similar to the current zoning, traffic patterns should not be impacted. Equally important, with the large size of
the property, there will be plenty of room for any future development allowed by this zoning and ample parking
to support any development.
�2
Mario Lombardi
MGL Propenies, LLC - Property Owner
Planning Commission
WZ -14 -01 /Lombardi
EXHIBIT 2 - AERIAL PHOTO
Platming Commission
WZ -14 -01 /Lombardi
EXHIBIT 3 - ZONING MAP
Planning Commission
WZ -14 -01 /Lombardi
EXHIBIT 4 —SITE PHOTOS
Looking northeast across property with 6409 W. 44 t1i in foreground
Planning Commission 10
WZ- 14-0 1 /Lombardi
Looking north from West 44 h Avenue at building fronts
Looking northwest from West 44 t1i Avenue with 6405 W. 44"' in foreground
Planning Commission
WZ -14 -O 1 /Lombardi
EXHIBIT 5 - NEIGHBORHOOD MEETING RECAP
City of
WheatRiclgc
COMMUNITY DEVELOPMENT
City of Wheal Ridge Municipal Building 7500 W. 29" A% c. Wheat Ridge. CO 80033.8001 P: 303.235.2846 F: 303.235.2957
NEIGHBORHOOD MEETING NOTES
Meeting Date:
Attending Staff:
Location of Meeting:
Property Address:
Property Owner(s):
Property Owner(s) Present?
Applicant:
Existing Zoning:
Existing Comp. Plan:
December 18. 2013
Lauren Mikulak, Planner II
City of Wheat Ridge Municipal Building
7500 W. 29' Avenue
Wheat Ridge, CO 80033
6405 -6409 W. 44 i11 Avenue
MGL Properties LLC (Mario Lombardi)
Yes
Mario Lombardi
Restricted Commercial (RC)
Neighborhood Commercial Corridor
Existing Site Conditions:
The property is located at 6409 West 40 Avenue in the northeast quadrant of the City. The site is
zoned Restricted Commercial (RC) and is surrounded by a mix of residential and commercial uses.
Surrounding properties are zoned RC, Neighborhood Commercial (NC), Commercial -One (C -1), and
Residential -Three (R -3). The property is one lot west of the future site of the 44' and Kendall Park
owned by the City of Wheat Ridge.
Based on Jefferson County records, the subject property is made of three parcels all listed under the
Parcel ID 392 -42 -24 -063; the total area of the three parcels is 19,680 square feet (0.45 acres). There are
two structures that span the three parcels. The western building is 2,162 square feet in size and was built
in 1967. The building was previously used as a veterinary clinic, but most recently it is used as an
antique store. The eastern building was built in 1960 and is smaller in size at 680 square feet. The
building is used as an antique store. Antique stores are considered permitted uses in the RC zone
district.
Applicant/Owner Preliminary Proposal:
The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use -
Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property, including
the option of converting the structure backs to a residential occupancy.
e i%a .ci.,s healridgeso.us
Planning Commission 12
W Z -14 -O 1 /Lombardi
The following is a summary of the neighborhood meeting:
• In addition to staff, three members of the public attended the neighborhood meeting: Mary Kay
Massey (4360 Lamar), Lisa Testaverde (4360 Lamar), and Marcie Emile (6410 W. 44' Ave). Each
is an owner and resident of the neighborhood.
• Staff explained the zoning of the site and neighborhood and the considerations related to a rezoning.
• The members of the public were informed of the process for a zone change.
• The members of the public were informed of their opportunity to make comments during the process
and at the public hearings.
• No concerns were expressed by the attending neighbors; all expressed hope that the applicant fill any
vacancies and that the proposed uses be compatible with other commercial properties in the area.
• After discussion of the proposal, staff responded to questions regarding other city projects and codes
related to 44 and Kendall Park, 38`' Avenue, and residential development and density standards.
The following issues were discussed regarding the zone change request and proposed development:
• How does RC compare with MU -N?
The two zone districts are very similar —both allow lower - impact commercial businesses such as
offices or neighborhood - oriented retail. One difference is that the current RC zoning does not
allow any ti pe of automotive use, but the MU -N zoning would allow auto - oriented businesses
which are indoors.
• What is the difference between RC and the other commercial zone districts along 44th?
The zoning code includes a range of standard commercial zone districts —NC. RC C -1, C -2, and
I -E —which range from most to least restrictive in terms o f the type and intensity of businesses
that are allowed. Businesses in the NC and RC zone districts typically serve a smaller
geographic area, have smaller spaces, less traffic, and fewer overall impacts.
• Why does the applicant want to rezone if the districts are so similar?
The mixed use district allows a similar range of commercial uses because both RC and MU -N
are intended for areas that are neighborhood- oriented commercial corridors. The MU -N district
however is more flexible in terms of permitted residential uses and the applicant is interested in
exploring the option of converting the properly to residential, in whole or in part, in the future.
• Is a residential use currently allowed on the property?
Residential uses are permitted in a very limited capacity in straight commercial zone districts.
The code requires that a residence be secondary to a commercial function, be located in the rear
or second floor of a business, and there are conditions related to number and size of dwelling
units. The MU zone district is more, flexible regarding the size and location of a residential use.
• Does the applicant need to know more specifically what the future use is before applying for a zone
change?
No, an applicant may request a rezoning to any mixed use zone district without certain
redevelopment plans. The mixed use code was designed with strict standards in terms of design,
so while the applicant may not have ftrtu a plans, they are agreeing to follow all mixed use
standards if a zone change is approved
• What is the maximum height allowed?
Under the current and proposed zoning a building could be up to S0 feet if it was entirely
commercial or up to 3S feet if it included residential uses.
• Will there be physical changes to the site? Will the applicant scrape and rebuild?
Potentially. but there are no,Trm plans at this time. One tenant space on the property is vacant
and the other is occupied, so plans will evolve t,'f or when the zone change is approved.
Staff received no written comment from others in the area regarding the proposal.
Planning Commission 13
WZ -14 -01 /Lombardi