The URL can be used to link to this page

Home My WebLink About05/15/14City of eat P, ge- PLANNING COMMISSION AGENDA May 15, 2014 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on May 15, 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 City ql'Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in adi of meeting ifyou are interested in participating and need inclusion assistance. 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 not appearing on the agenda. Public comments may be limited to 3 minutes.) A. Case No. WZ-14-04: An application filed by Rocky Mountain Biosystems Inc. for an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924 - 4096 Youngfield Street. 9. ADJOURNMENT *Agenda packets and minutes are available online at http://www.ei.wheatridge.co,us/95/Plamiing-Coiniiiission 11 9 0 The meeting was called to order by Vice Chair C Chambers of the Municipal Building, 7500 West ROLL CALL OF MEMBERS ri Commission Members Present: 61 p.m. in the City Council Wheat Ridge, Colorado, .ikulak, Ptanner 11 Reckert, Senior Planner Director of Public Works goner, Recording Secretary difficulties the broadcast will not be aired live date. 'HE AGENDA Planning Commission Minutes April 17, 2414 I THE MEETING TO ORDER Ms. Mikulak presented the case. She entered i tc� t� � cord the contents of the case file, the zoning ordinance, the subdivision regulaticla "� digital presentation. She stated the public noticing and posting requirements have been hl,# She stated the property has never been platted. A subdivision It :, document that creates a record of land and creates or reconfigures lets, tracts or parcel f.0 he purpose of sale or development. It is also a documents used to evaluate city sight which can be conveyed to or from the city and private parties. It is also an opportunt tea review civil documents such as a traffic s and drainage report. A plat clues I change the zoning or permitted uses. She said there are separate land use applications for the building and site designs. Both are currently being reviewed by staff and will not require a public hearing. City Council and the urban Renew A t tiirity reviewed and approved a redevelopment agreement that approved tax increment financing on April 21, 2014. application with conditions. signer Bt'C` �"AM' inquired about the right -of -way dedication on Lee Street and the current f width is 30 feet. M. Mikulak stated yes. In response to Commissioner DORSE 'S question about Kipling, Ms. Mikulak stated the dedicated r'i l t -of =way aIt acc an acceleration/deceleration lane as well as the detached sidewa and nines. Commissioner WEAKER asked if the right -of -way on 38` Ave. traveling east is narrower and then widens to accommodate a turn lane. Ms. Mikulak stated there is a need to accommodate additional width for the left turn lane at the intersection and into the site. Mr. Brink stated that is correct. He stated there may be a need to restripe the streets because the lanes don't currently align across the intersection. Commissioner WEAVER asked if there was room for curb and sidewalk along 8 "'. Ms. Mikulak stated there will be detached sidewalk and a tree lawn on 38 "' and the additional dedication will accommodate all the improvements. Planning. Commission Minutes April 17, 2014 -_- Commissioner WEAVER asked if 38"' is a bike route, Ms. Mikulak stated it is on the bike/pedestrian route and identified to have detached sidewalks. Commissioner TIMMS asked why the property line is curved between Lots I and 4. Ms. Mikulak stated the primary interior drive will follow the spine of the curved line. That shared property line will be the center line of the drive and it helps to accommodate the lot sizes for lots I and 4. Commissioner TIM MS asked for an explanation of the Mikulak stated any site development or building are reviewed administratively by staff. Applicati appropriate city departments and utility distriew", public hearing. The site plans for Lots I and . cu the Community Development Departmem, and are p ubl reviewed by the public during business hours. Commissioner POPP asked for a description of the stated there is a blanket cross access easement that Customers and visitors of v lots are pen-nift, for access and parking. The erio total of five curb cuts along the e f the pr( i'll"I'lil", E N S I EMI 1509 York Denver, CO 80106, plan review pr ocess. Ms, 4"plications for pennitted uses J reviewed by planning staff and dents, but they do not go to n process The plans are in The documents can be access M s. Mikulak ,r the entir ertv. � use any portion of the property ve that runs north/south and a ed tliy ire comftftt 4 (1 lo 6I r 9# ve the conditions in the suggested motion I. S, N ye oplUipat will in dd I D"I'll g "prouts Farmers Market, Starbucks, and a 64- g ho in for the remaining available pad site on 38"' Ave. is . 3he end " it is currerrflv,b 7 rketed_ Commis g� r WEAV91k a sked what businesses will be located on Lot 2. The applicant stated tena, '6" ve not b"i' 4, identified. i k Commissioner 13011Y .. .... ...... ..... asked if Lot 2 and 3 will be single-unit or multi- tenant buildings. The app t stated there will be a building on each lot. It is still to be determined it they will be occupied by single or multiple tenants. Commissioner POPP asked if the existing structures on all of the lots will be razed. The applicant stated the intent is to remove all the existing structures and surface material and completely re-grade and reposition the entire parcel for the development. Vice Chair OHM opened the public hearing. Planning Commission Minutes -3— April 17, 2014 Chad Martin Clancy's Irish Pub 10 117 W. 37` Pl, M°. Martin stated Clancy's does not have a new location. He asked if Clancy's is entitled to Wheat Ridge Urban Renewal funds for a buyout or relocation, Ms. Mikulak stated the Urban Renewal Authority is a separate body from the Planning Commission. She encouraged him to keep working with the ,Ono is Development Department. Holly Heaton 1 246 W. 34' Ave. Ms. Heaton asked if there were any Previous ttblc ' tinggs or notice. Ms. Mikulak stated a subdivision Plat: is not a land use action that recguires a neighborhood mee ting, and this is the first public meetings for this applicatiop ; The yellow posting; signs are pasted two weeks before the meeting. T e mailing; r` 44 for notification of a public hearing; is 300 -feet. Some of the site planning; documents were made public at the city- wide Town Hall Meeting; in March. Ms. Heaton inquired about the type of senior living; facility proposed for the subdivision. Ms. Mikulak stated it will be operated by MorninggStar, and it will have assisted living; and tt tpory care units. It is a private pay senior care facility. Ms. Heaton stated she ua "'Os' d is considered a landmark and asked if it has any protections. Reckert stated it has a great reputation throughout the metropolitan area, but a historic desi�matiohl w .typically for a building; and the building; is not historic. Ms. Heaton asked if copies of the site plans are available online. She stated her hope that 38"' Aventt , west of Kipli is not widened because it would destroy the charm of the neig hborhood,; Ms. Mik l k stated the site plans are not online but are available in the I7e Community v lopm office. There will be a lot ot'landscaping; that will improve the aesthetics and supptt the character of the area. The design of the senior living; facility will be residential i& character. There are no plans to widen 38 Ave. in this area. Planning; Commission Minutes -4— Apri l 17, 2014 Vice Chair OHM closed the public hearing. s t southwest corner of # . 3 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning ad development code have been met. With the following conditions: 1. Corrections regarding utility d1l prior to the public hearing at City 2. The typo on sheet 3 be correcte( 3. The developer enter into a subdi security prior to recordation of the Im tract A should ZFB= 7. 1 with required the audience for attending. She ith staff. She acknowledged that Clancy's �Ob*ylslon is important and stated she making a recommendation and City Council on Monday, May 12. t on ca i 8. OT"t"TE , ITEMS a A. Ms. Nfiklulak stated a public hedog,,pn Ma neeting scheduled for May I has been canceled. There will be for Planning Commission. 61 - - 601 Scott Ohm, Vice Chair RMIM Planning Commission Minutes -5— April 17, 2014 .L A41 City of "� Wheat ' idg� COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: May 15, 2014 CASE NO. & NAME: WZ -14 -04 /Rocky Mountain Biosystems (RMBI) ACTION REQUESTED: Approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) LOCATION OF REQUEST: 4096 Youngfield Street — Development address 3924 Youngfield Street — RMBI tenant space PROPERTY OWNER: Lee Kunz for Youngfield Plaza, LLC APPROXIMATE AREA: 9.7 acres PRESENT ZONING: Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Mixed Use Commercial, Primary Commercial Corridor ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PR ESENTATION Planning Commission WZ- 14- 04/RMBI All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of an amendment to an existing Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3934 — 4096 Youngfield Street. The purpose of the amendment is to allow additional uses within the existing planned development. (Exhibit 1, Applicant letter) A modification to a planned development district Outline Development Plan is processed as a zone change. Planning Commission will be making a recommendation to City Council who is the approving authority. II. EXISTING CONDITIONS /PROPERTY HISTORY The subject property is located at 4096 Youngfield Street and is currently zoned Planned Commercial Development (PCD), having been rezoned from A -1 in 1980. The zone change was for 18 acres of land which was later subdivided into four adjacent properties. All four lots have frontage on Youngfield Street and run north from the bluff along 38` Avenue to the south side of the Clear Creek greenbelt trailhead. (Exhibit 2, Subdivision Plat) An ODP plan was approved which set allowable uses and general development parameters for the entire 18 acres. Uses permitted were generally taken from the industrial uses listed in the code of laws and included business offices, service establishments, banks, retail and wholesale businesses, manufacturing, processing and assembly. While laboratory research and testing is a permitted use under the broad category of processing, it does not specify that any uses which are marijuana - related are allowed. Marijuana testing facilities are permitted in the City's C -1 and I/E zone districts. The applicant is proposing an amendment to the allowed uses in the ODP for the research and testing of marijuana products. The property under consideration is Lot 1 of the Youngfield Plaza subdivision which is the southern- most lot of the original plat. The property is comprised of 9.7 acres and has two structures on it. The applicant's current laboratory operations occupy 3 units (9,000 square feet) of the 64,335 square feet easternmost building (Building B). According to Jefferson County Assessor's records, Building B is listed as an office /warehouse, and was built in 1982. (Exhibit 3, Final Development Plan). The applicant is a biomedical company that conducts research and development of medical devices, surgical technologies, pharmaceuticals and vaccines. The applicant wants to expand their services to include marijuana testing and research. The address for the planned development is 4096 Youngfield but the RMBI tenant space is 3924 Youngfield. The marijuana testing component will be restricted to one area of the lab and will be separated from the rest of the testing facility. The laboratory will only operate under the privileges granted to it by the State License Authority. The testing facility will accept samples of retail marijuana or retail marijuana product from retail establishments only. The facility is not authorized to engage in manufacturing or sales and may only perform tests on samples that the Retail Marijuana Testing Facility is certified by the state to perform. The testing facility will maintain strict monitoring and documentation for quality assurance programs mandated by the state. Planning Commission 2 WZ- 14- 04/11MBI The surrounding properties have a mix of office /warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision used for RV sales. Immediately to the west is the I -70 corridor. Further to the west across 1 -70 is the vacant Clear Creak Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential -One (R -1) and Residential -One A (R -IA). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture -One (A -1) and Agriculture -Two (A -2). The following is a timeline regarding the introduction of legalized marijuana in Colorado and the City of Wheat Ridge: • The medical use of marijuana was approved by Colorado voters in 2000. • By 2009 dispensaries began to appear as alternative medicine shops in some Colorado cities, including Wheat Ridge. The first medical marijuana shop in Wheat Ridge opened in 2009 just north of the Red Lobster Restaurant on Wadsworth. • In 2010, the state legislature adopted statutes to regulate medical marijuana. • Medical marijuana centers, grow operations and MIP's (medically infused products) production are permitted uses in the C -1 and I/E zone districts. • Recreational marijuana was approved by 55% of Colorado votes in 2012. • The Wheat Ridge City Council adopted an ordinance to allow retail marijuana, retail MIPs and testing facilities in October 2013. • Direct sales tax revenues from medical marijuana centers in 2009 were about $8000. • In 2013, direct sales tax revenues from retail and medical marijuana were over $87,000. • On April 28, 2014, City Council approved a moratorium on new MJ testing locations. Because this application was "in process ", it can proceed through public hearings. • In July 2014, mandatory testing of marijuana products will be required by the State. III. 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 will not result in adverse effects on the surrounding area. While the new uses would be permitted, no changes are proposed for the property. 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. All infrastructure and property improvements are already in place. Modifications to the interior of the structure for processing the new component are not required. Planning Commission 3 WZ- 14- 04/RMBI 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 %-, 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. In the Structure Plan, Youngfield Street is shown as being a Primary Commercial Corridor. Goals identified for Primary Commercial Corridors include focusing on retaining existing commercial businesses and maintenance and upgrade of developments along the corridor. The area is also designated as Mixed -Use Commercial which has identifies goals of having commercial areas with mixed office and employment and encouraging long term infill, redevelopment and reinvestment. Other goals identified in Envision Wheat Ridge include retention and diversification of the employment base and generation of new primary employment opportunities. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the Cite of Wheat Ridge is in error. There is no evidence of an error with the current Planned Commercial Development designation as it appears on the City's zoning maps. Planning Commission 4 WZ- 14- 04 /RMBI Staff'conchides 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. Stqf . f concludes that this criterion has not been met. d. The proposed rezoning is necessary in order to provide for a communi"y need that was not anticipated at the time of the adoption of the City, of Wheat Ridge comprehensive Flan. When the Comprehensive Plan was adopted, the state of Colorado and local municipalities were in the initial stages of understanding and regulating the marijuana industry. As such, the plan did not address the impacts, positive or negative, of this new economic force. The requirement for testing and the ability to accommodate the new State mandate should have a positive economic impact on the City and fulfill a state-wide need for this type of facility. Stqf . f concludes that this criterion has been met. The required pre-application meeting for neighborhood input was held on October 14, 2010. There were no area property owners or residents in attendance. All affected service agencies were contacted regarding their ability to serve the property. I I Wheat Ridge Public Works Department: No traffic or drainage impact; therefore, no concerns or comments. Wheat Ridge Economic Development: No objections. Planning Commission 5 WZ-14-04/'RMBI Wheat Ridge Police: No concerns with crime or traffic. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the additional uses for the research and testing of marijuana products will fulfill a state-wide need and should result in an economic benefit to the City. No physical changes are proposed for the property so there should be no negative impacts to the area. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ- 14-04. V11. SUGGESTED MOTIONS: Option At 11 1 move to recommend APPROVAL of Case No. WZ- 14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: 1. The additional uses will fulfill a state-wide need and should result in all economic benefit to the City, 2. The rezoning request is consistent with Envision JYheat Ridge, the City's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Development. 2. All appropriate State and city requirements be met by the proposed facility." Option B: "I move to recommend DENIAL of Case No. WZ- 14-04, a request for approval of an amendment to the Youngfield Plaza planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: I. 2, 11 Planning Commission 6 WZ-14-0411RMBI * 0 44 4 9 & March 25, 2014 Narrative for inclusion in application Package regarding a proposed zoning amendment at Youngfield Plaza, Wheat Ridge, Colorado. There will be no effect on existing zone districts, or development and physical character of the surTounding area. Access to the area and traffic patterns will not • affected. It is expected that the company will hire additional staff as the need arises, however cu facili-tirs q H to accommodate these needs and any anticipated visitors. The utilities on the premises are sufficient for all projected use. There will be no additional burden on services to the premises witV reeard to fire, U21ice, water. sanitation, roadways, parks, schools, etc. 19 A 4 � t , FINAL P LAT YOUNMELD PLAZA P sum tne p P F i ��, R � t , FINAL P LAT YOUNMELD PLAZA P sum tne p P F i Ird./VHIBIT 3 �I I 77 � X, 71 IL R di ---AA il;j T I 0 5 N U T I t tali -4 �I I 77 � X, 71 IL R di ---AA il;j T I 0 I t ' < 0 C== A m A v :r m z x z y y y < r z Pi tt[ Al f 11 �I I 77 � X, 71 IL R di ---AA il;j T I 0 ' < 0 C== A m A v :r m z x z y y y z Pi tt[ Al f 11 �I I 77 � X, 71 IL R di ---AA il;j T I 0 ' < 0 C== A m A v :r m z x z z x c Al