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HomeMy WebLinkAbout06/19/14City of W. h6a-t P.,Ldge PLANNING COMMISSION AGENDA June 19, 2014 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 19, 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 sponsor( , d 4y the City of neat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance 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.) uvmmnix��� A. Case No. WZ-14-06: A request filed by Calier Capital, LLC for approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRIG) with an Outline Development Plan for property located at 7671 W. 32" Avenue and 3299 Wadsworth Boulevard. B. ' Case No. ZOA-14-03: An ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats. C. Case No. ZOA-14-04: An ordinance amending chapter 26 and chapter I I of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11- 321(b)(8) concerning applications for primary care-giver licenses. D. Case No. ZOA-14-05: An ordinance amending sections 11-305, 11-416 and 26-204 of the Wheat Ridge Code of Laws to prohibit the location of medical marijuana-infused products manufacturers and retail marijuana products manufacturers in the C- I zone *Agenda packets and minutes are available online at http://www.ci.wheatridge.co.us/95/Planning-Commission *Agenda packets and minutes are available online at http://www.ci.wheatridge.co-us/95/Planning-Cominission 1. a 4. 0 The meeting was called to order by Chair BRI Chambers of the Municipal Building, 7500 W Commission Members Present: 7:02 p.m. in the City Council me, Wheat Ridge, Colorado. Reckert, Senior Planner goner, Recording Secretary 1 (ommissioner 1 i agenda. Motion carried 5-0. —April 17, 2014 It was moved ► Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the minutes of April 17,2014, as written. Motion carried 4-0 with Chair BRINKMAN 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 May 15, 2014 7. PUBLIC HEARING A. Case No. WZ-14-04: An application filed by Rocky Mountain Biosysterns Inc. for an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield St. Ms. Reckert presented the case. She entered into the record the contents of the case file, the zoning ordinance, the subdivision regulation and the digital presentation. She stated the public noticing and posting requirements have been met. A modification to a Planned Development Outline Development Plan is processed zone change and Planning Commission will make a recommendation to City C0114"i q which is the final authority. She reviewed the staff report and digital presentat Commissioner OHM asked which properties w re notifie&,wd if there are any setbacks from schools. Ms. Reckert stated notification requirement 3 00-foot radius around the property and there are no setbacks for testing facilities. In response to Commissioner OHM's questions, Ms. Reckert stated "t Fire Department reported they had no concerns with the additional testing. Commissioner DORSEY confin sic ifthe location of proposed testing facility. Ms. Reckert stated the applicant is not expanding theft current space just expanding the materials being tested. Commissioner BUCKNAM asked about protocol for secure transport of samples to the testing facility. Ms. Reckert stated theMitre state requirements and deferred to the applicant. ,d if the nue ftm this deferred tc the applicant. Is and capabilities of testing facilities can be deposited into a bank. Ms. 15403 W,:�,, , 5 1" Place Golden, C6 The applicant provided 'background information about the company. He stated their interest includes earch and testing of marijuana and cannabis related substances including Cannabid'i"6 which is a substance in marijuana thought to have medicinal properties and industrial Kemp. CBD is not a psycho active component of cannabis. The intent is to bring some credibility to the research. Compliance testing is critical because RMBt thinks there are some real medical benefits to marijuana and some of its components. The regulations are critical and add credibility to the industry. He stated they have a g ood record with following compliance guidelines. Their intent is to set the standard for marijuana testing. They intend to become a state of the art facility Planning Commission Minutes - 2 -- May 15, 2014 and perhaps set the standard for the state and country. He stated they have a DEA license to research narcotics compounds. A bonded registered courier with an occupational license from the state will pick up the samples and bring materials to the facility. The samples will be documented and secured. The facility has a high level of security. Material will be checked out for testing including weight and measurement. A report will be generated after testing Any waste materials will be disposed per the state regulations. Commercial DORSEY inquired about the leased buildig for use of cannabis. The applicant stated there are currently three units and T th "A"" to restrict testing to one unit. Commissioner OHM asked if there would be ai� tracts ,0'1 _4 ,ps or use of solvents. The g ration or retail purposes. applicant stated technically yes but they do not extract for Pr !, The amounts extracted are minimal for testing. Fume h 0 o d s 1" glass will be utilized. "I Commissioner OHM asked if CO? is used as a solvent. The applicant"' vd no, not currently. There isachance'." y"""'o do some research on extractions"'Ab" use CO, The risk of explosion and toxit""Ci "t "Oil"" is removed with CO2 extraction and is considered safe. Commissioner OHM jAA the appl, cant i he�'W—.,Asaware of the conditions under state law Colorado r"e' 'sed stdt,ue, 1 2-43.3-2 vi 0, i'4t is spe6ifit' ally about medical marijuana concentration - yiremenis for CO2 plicant stated he is aware of the condition and is compliant Chair BRlNK,,MvAN asked if banks are allowed to accept revenue from testing and research of ret6 arijuana. The applicant replied yes. Commissioner DORSEY asked if the applicant will be testing infused products for retail for the state. The applicant stated they will be testing all materials. The state can designate any tester that they want. He stated they intend to be a high quality testing facility and go for the state business as well. Commissioner POPP asked if trials will be conducted with human or animals. The applicant stated they haven't planned any studies with human or animals at this point. RMBI goes through an internal review board for a clinical study and is regulated by the National Institute of Health and defined by government standards. He stated they follow Planning Commission Minutes -3— May 15, 2014 national federal guidelines for trials with animals. The facility is accredited and inspected twice a year. Hunan studies have to be reviewed and approved by an outside source. Commissioner POPP asked if human trials could be in Colorado. The applicant stated yes because of the laws and transport laws. Commissioner DORSEY asked who has jurisdiction to oversee the testing. The applicant stated the state is putting an accreditation system in place by July 1. Chair BRINKMAN closed the public hearing since no one in the audience wanted to speak. ARM '4104, a reqi;cst for approval of an d Commercial Development Outline 24-4096 YoungfiieW; for the following reasons: 21 M Wheat Ridge, the City's and testing be allowed only on Lot be met by the proposed facility. 3 OTHE A. Ms. Reckert stated there is a land use case scheduled for public hearing on June 5. At this point there is uaotl ing scheduled for June 19. Commissioner POPP stated she will not be able to attend on June 5 and 19. B. Commissioner OHM inquired about the historical Brownfields bill signing and if the portion of the Co Ford site that the city bought is going through remediation. Ms. Reckert stated yes. Planning Commission Minutes May 1 5, 2014 OHM to adjourn the meeting at 7:51 p.m. Motion carried 5-0. Anne Brinkman, Chair Kim Waggoner, Recording Secretary Planning Commission Minutes May 15, 014 -5-- I �- City of - 10 �C (0)MhAMUNjTy `7�I heatidgc DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: June 19, 2014 CASE NO. & NAME: WZ -14 -06 /Grove 21 ACTION REQUESTED: Approval of Planned Residential Development (PRD) zoning and an Outline Development (ODP) LOCATION OF REQUEST: 7671 W. 32 Avenue and 3299 Wadsworth Blvd PROPERTY OWNER: Jefferson County APPROXIMATE AREA: 3.48 acres PRESENT ZONING: Residential -Two (R -2) COMPREHENSIVE PLAN: Neighborhood Buffer area ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION ,Sl1 Planning Commission WZ -14 -6 /Grove 21 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Residential -Two (R -2) to Planned Residential Development (PRD) for property located at 7671 W. 32 Avenue and 3299 Wadsworth Boulevard. The City's planned development approval is a two -step process. The first step is for the zone change to PRD and approval of an Outline Development (ODP). The ODP document will set allowed uses and development standards for the property. The ODP also contains a general concept plan which labels areas of landscaping, parking, building footprints and access points. The ODP approval requires a public hearing in front of each Planning Commission and City Council. City Council is always the final authority for approval of zone changes so Planning Commission will be making a recommendation. The Specific Development Plan (SDP) and plat is the second step of the process which focuses on the details of the development such as final drainage, street improvements, architecture and final lot layout. The applicant is requesting approval of the zone change to allow the construction of a twenty -unit small lot, single family neighborhood. (Exhibit 1, Letter of Request) II. EXISTING CONDITIONS /PROPERTY HISTORY The site is located at 7671 W. 32 Avenue and 3299 Wadsworth Boulevard and both properties are zoned Residential -Two (R -2). Neither property has ever been platted. (Exhibit 2, Aerial photo) Surrounding properties include a variety of land uses. To the west are parcels also zoned R -2 including single and two - family homes. To the southeast at 32 " and Wadsworth are two multifamily apartment complexes zoned Residential -Three (R -3). Immediately to the north, the property is bordered by the Rocky Mountain Ditch, across which there are additional properties zoned R -2 and R- 3. Finally, to the south across W. 32 " Avenue is Crown Hill Cemetery which is outside of the City of Wheat Ridge boundary and is part of unincorporated Jefferson County. (Exhibit 3, Zoning map) The subject parcels both have unusual shapes and each currently have vacant houses built around 1930. The total size of the two sites combined is 3.48 acres. The property at 7671 W. 32 Avenue is long and narrow with about 110 feet of street frontage along W. 32 Avenue. The property at 3299 Wadsworth is essentially a flag lot. The main portion of the property is rectangular with the exception of the northern property line which is angled and parallel to the Rocky Mountain Ditch. The southeast corner of the property includes a "pole" portion which extends east to Wadsworth and provides 60 feet of street frontage. The property is heavily wooded but most of the trees are cottonwoods and Siberian elm suckers, which are species the City encourages. (Exhibit 4, Site photos) The property was subject to a prior land use application. Case No. WZ -05 -13 was a request by Jefferson County Housing Authority for a zone change to PRD for construction of 42 multi - family Planning Commission 2 WZ -14 -6 /Grove 21 dwelling units in multiple structures. Planning Commission reviewed this request at a public hearing held on March 2, 2006. Planning Commission gave a recommendation of denial for the following reasons: 1. This is a high- density project that is not compatible with the existing neighborhood. This is not a reason to degrade the neighborhood from R -2 zoning. 2. This project is not compatible with the recent 2020 Plan that recommends more strong households to upgrade Wheat Ridge. 3. This area has a high vacancy rate in both homes for sales and units for rent in the Jefferson County/Wheat Ridge areas. There are plenty of houses for young people to purchase a starter homes. The application was subsequently withdrawn and did not proceed to City Council public hearing. II. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan which contains two sheets. The ODP will set allowed uses and development standards for the property. The ODP also contains a general concept plan which designates a street layout, proposed lots, building footprints and general architectural themes. (Exhibit 5, ODP document) The applicants have proposed two -story and raised ranch homes with front porches. Shared driveways will reduce the impervious area in the front yards and will provide access to garages at the back of the lots. The neighborhood design is more urban in character and will feature smaller lots with a minimum of 3500 square feet of area. Side setbacks are proposed to be 5 feet. Front and rear yards will be modest in size, no more than 10 feet in depth on the front with a minimum of 15' on the rear. The properties on the southern portion of the site will be slightly wider than those on the northern portion. The proposed public street will extend north from W. 32nd Avenue with a cul -de -sac bulb at the north end of the site. The street would be dedicated as public right -of -way via a future plat document. Allowable Uses: The property is currently zoned R -2 which allows single- or two - family dwellings (depending on lot size), foster care homes, governmental buildings and group homes. The proposed uses are limited to single family homes, in -home businesses and household pets. There is a restriction included prohibiting RV and boat parking. Detached accessory structures are not allowed. Lot size, Setbacks and Lot coverage: Lot sizes proposed are a minimum of 3500 square feet with 50' of lot width. On the conceptual layout, the smallest lots are Lots 1 -4 on the southern portion of the site with the smallest lot being 3519 square feet in size. The largest is Lot 14 at the end of the cul -de -sac bulb with 6980 square feet of area. Building envelopes are shown which depict minimum setbacks. Proposed setbacks are 10' from the front property line, 15' from the rear property line and 5' on the sides. Planning Commission WZ -14 -6 /Grove 21 Maximum building coverage is 40% which would allow a maximum of a 1400 square foot structure pad on a 3500 square foot parcel. On Sheet 2, schematic layouts are shown which depict building setbacks, house locations and the shared driveways. The detail for Lots 7 — 20 must be revised to more accurately represent the larger, narrower lots. Maximum building height allowed is 35' which is consistent with all residential zone district classifications in the City. Parking Each of the homes will have an attached two car garage accessed via a shared drive reducing the amount of impervious surface in the development. On- street parking will be allowed on the eastern side of the southern portion of the street. Parking on both sides of the street will be allowed on the north. Section 26 -501 of the City's zoning and development code requires that two spaces per dwelling unit be provided when there is street parking available. Staff concludes that the parking is consistent with the city code. Street System and Drainage The development gains access from a single cul -de -sac extending north from 32" Avenue. The street sections being required by the City are detailed on Sheet 2. The southern portion of the street will have 48' of right -of -way with detached 5' sidewalk and a tree lawn on the western side with no parking allowed. The eastern side of the street will have curb and gutter with a 5' landscaped buffer without a sidewalk but parking will be allowed. After the "bend" in the street, the right -of -way width increases to 59'. Both sides of the street will have curb and gutter with a 5' tree lawn and a 5' detached sidewalk. Parking will be allowed on both sides of the street on this wider stretch. The Wheat Ridge Fire Protection District has reviewed these street sections and has indicated that they have adequate room for maneuvering through the development. As such the additional access point from the "leg" that extends east to Wadsworth is not required for emergency access. The street designs are consistent with the Streetscape Design Manual. Public Works has reviewed and approved a preliminary drainage study. The lot is relatively flat. As such, the drainage system has been designed to split the flows between the north and south portions of the site. The stormwater on the south part will be directed to a detention pond adjacent to 32 " Avenue (Tract C on page 2). Another pond will capture flows on the north side in a pond labeled Tract B. The outlet from this pond will release to a pipe system bored under the Rocky Mount Ditch and release onto the property to the north. A preliminary agreement has been made with that property owner which will be finalized at the time of SDP and plat. Another smaller pond will be located on Tract A which is the "leg" that extends east over to Wadsworth. The remainder of Tract A will be utilized for an amenity such as a community garden for the development. The southern 30' of the Tract A will be paved to accommodate the looped water system required by Consolidated Mutual. It is not required for emergency fire access but could provide pedestrian access over to Wadsworth. All three tracts will be maintained by the Homeowners' Association. Planning Commission 4 WZ -14 -6 /Grove 21 Proposed Density and Relationship to Surrounding Area The proposed density for the project results in a gross density of 5.75 dwelling units (du's) per acre. This figure includes street right -of -way. When street right -of -way areas are removed from the calculation, the net density is 8.73 units per acre. The existing neighborhood currently contains a mix of residential densities. Directly to the south and east of the subject properties is an existing apartment building (7669 W. 32 " Avenue) containing 33 units. This property is owned by the Jefferson County Housing authority and contains 18 dwelling units per acre. Directly north of the site is another apartment complex addressed as 3445 Wadsworth. This complex contains 40 du's for a density of 22.9 du's per acre. Directly west of the site is a well - established neighborhood which contains single and two - family dwelling units. The neighborhood extends generally from 32 " Avenue to 34` Drive, between Yarrow and Zephyr. These properties are zoned R -2. The R -2 zone district density can vary from 4.84 du's per acre to 6.9 du's per acre depending on the mix of housing types (single or two - family). Staff concludes that the proposed zoning and density provides a logical land use transition between Wadsworth, the surrounding higher density developments and the low density neighborhood to the west. Architecture The applicant has indicated that the homes will be designed around a "cottage theme" and will be one and two stories in height. Design concepts include covered front porches and trim detail which will include brackets, corbels, sills and lintels. Materials will be primarily painted lap siding. Staff recommends that at least 50% of the front fagade have brick, stone or other masonry material. Additional architectural designs be required and reviewed at the time of SDP. (Exhibit 6, Architectural elevations) 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 will not result in adverse effects on the surrounding area. The property is currently poorly maintained and an eyesore. It has been an attractive nuisance for the neighborhood attracting vagrants and wildlife. The new homes should have a positive impact on the neighborhood both aesthetically and from a property value perspective. 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 iv they do not exist or are under capacity. Planning Commission WZ -14 -6 /Grove 21 All utility agencies have indicated that they can serve the property with improvements installed at the developer's expense. Should the zone change be approved, a more detailed review will occur at the time of Specific Development Plan and plat. 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 following documents are applicable to the property and are to be used for guides when considering zone changes. NEIGHBORHOOD REVITALIZATION STRATEGY — adopted 2005 This document identified strategies for the city to become a "community of choice ". It established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, increasing the variety of housing stock available, targeting underutilized properties for redevelopment and redevelopment of the Wadsworth Corridor. WADSWORTH CORRIDOR SUBAREA PLAN — adopted 2007 This document is considered an addendum to the Comprehensive Plan for this portion of the city. It is intended to be used as both a short-term and long -term planning document by providing guidance for the future development and redevelopment of properties along Wadsworth. The property is shown as Medium High Density Residential (brown color) on the edge of Medium Density Residential to the west (yellow color) and Medium High Density Mixed Use to the east (red and brown striped). In the description of land use categories, Medium High Density Residential is defined as having 10 — 21 units per acre including townhomes, condominiums and apartments. Medium Density Residential is defined as 5 — 10 units per acres including single family homes on small lots to be compatible with adjacent single family homes. Other identified goals being met are: 1. Encouraging a gradual increase in density closer to Wadsworth 2. Preservation and enhancement of the residential neighborhoods to the east and west of the corridor 3. Increased pedestrian opportunities Planning Commission 6 WZ -14 -6 /Grove 21 Site 32nd Unincorporated J effco i l o : i COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted October 2009 The property is shown as being a Neighborhood Buffer (brown on the map below) on the edge of Commercial Corridor (red). The intent of the Neighborhood Buffer designation is for buffering and transition between low intensity residential areas and higher intensity commercial corridors. An identified goal of this designation is to encourage investment and redevelopment of properties. Logically, the Primary Commercial Corridor designation relates to Wadsworth Blvd. Wadsworth is the major north -south commercial corridor in the city and is a key target for redevelopment of outdated and underutilized properties. Goals identified for Neighborhood Buffer Areas include: 1. Increasing housing options 2. Promoting strong households 3. Encouraging new housing types 4. Encouraging improvement of underutilized properties. 5. Promoting pedestrian connections 6. Ensuring quality design for development and redevelopment areas Planning Commission 7 WZ -14 -6 /Grove 21 I J co 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 Residential -Two 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. Commercial development along the Wadsworth Blvd. corridor continues to intensify. Wadsworth is one of the heaviest traveled corridors in the metropolitan area. On the city's street classification plan, it is designated as a major regional arterial and carries over 41,000 vehicles per day (2009 count). Based on increased traffic and intensification of commercial land uses, Staff concludes that there are changed conditions which make this property undesirable for low density residential use. The proposed small lot single family will meet several goals of the city including providing additional housing options, providing entry level housing stock and providing a land use transition between Wadsworth and the lower density residential neighborhood to the west. 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. Planning Commission 8 WZ -14 -6 /Grove 21 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 February 11, 2014. There were approximately 20 persons in attendance (Exhibit 6, Neighborhood meeting recap, Exhibit 7, Sign - up sheet,) V1. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water District: Can serve the property subject to installation of improvements. A "looped" system will be required so a paved connection must be made to Wadsworth via Tract A. Wheat Ridge Fire Protection District: Can serve the property. Water plan and hydrant locations will be addressed at the time of SDP and plat. Does not need a secondary access into the development. Wheat Ridge Parks and Recreation Department: Will require fees -in -lieu of land dedication assessed at the time of final plat. Wheat Ridge Police: Can serve the new development. Wheat Ridge Public Works: Has reviewed and approved preliminary drainage design and a traffic study. All requirements are being met. Wheat Ridge Sanitation District: Has adequate capacity to accommodate development. Final design review will occur at the SDP and plat stage. Xcel Energy: Can serve. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed Planned Residential zoning and accompanying Outline Development Plan are consistent with the goals and policies of the City guiding documents including the Wadsworth Subarea Plan, the Neighborhood Revitalization Plan and Envision Wheat Ridge. Staff further concludes that the proposed zoning and density provide a logical land use transition between Wadsworth, the surrounding higher density developments and the low density neighborhood to the west. Because the proposed zoning and ODP meet the criteria used to evaluate a zone change, a recommendation of approval is given for Case No. WZ -14 -06 with the conditions listed below. Planning Commission 9 WZ -14 -6 /Grove 21 VIII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ- 14 -06, a request for approval of zone change from Residential -Two (R -2) to Planned Residential Commercial Development (PRD) zoning and an Outline Development Plan (ODP), on property located at 7671 W. 32" Avenue /3299 Wadsworth Blvd for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Wadsworth Subarea Plan, the Neighborhood Revitalization Plan and Envision Wheat Ridge. 2. The proposed zoning and density provide a logical land use transition between Wadsworth, the surrounding higher density developments and the low density neighborhood to the west. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. At least 50' of the front fagade have brick, stone or other masonry material. 2. Additional architectural designs be required and reviewed at the time of SDP. 3. The schematic detail for Lots 7 — 20 must be revised to more accurately represent the larger, narrower lots. 4. The developer is encouraged to salvage as many healthy trees as possible." Option B: "I move to recommend DENIAL of Case No. WZ- 14 -06, a request for approval of zone change from Residential -Two (R -2) to Planned Residential Commercial Development (PRD) zoning and an Outline Development Plan (ODP), on property located at 7671 W. 32 Avenue /3299 Wadsworth Blvd for the following reasons: 1. 2. 3." Planning Commission 10 WZ -14 -6 /Grove 21 Exhibit 1, Letter of Request Grove 21 at Wheat Ridge j -Overview - This project will consist of 21 single family homes gathered around a new street running off of 32" Avenue West of Wadsworth Blvd. Currently the site is owned by Jefferson County and is surplus property that was proposed for a multi family project. It was submitted to the City in and subsequently withdrawn in 2006 / 2007. We feel that this proposal creates a buffer between the Hilltop Apartments and the single family & the duplex homes immediately to the West. Figure one, attached, shows the current character of the site. The 3 existing single family houses and outbuilding are derelict and provide haven for squatters and present a danger to the children living adjacent. -Why chancre the zoning - Currently zoned R -2 (9,000 SF lots). The site does not lend itself to the larger single family homes that such zoning would mandate. The proximity to Wadsworth Blvd and the adjacent multi family projects suggests a higher density and moderately priced neighbourhood. Utilizing this parcel as a transition between Wadsworth Blvd and existing R -2 is the appropriate solution. The proposed community will promote an active lifestyle and neighborhood interaction by utilizing a village concept that is walker friendly and invites interaction by reduced front setbacks and front porches on each home. In addition, the shared driveways minimize the impact of automobiles. - Existing zone district physical character - To the North, South, and East, older apartment complexes exist in neighboring zone districts. To the West is Yarrow Street zoned R -2. The rear of the community abuts a 1 acre parcel also zoned R -2 that also abuts Wadsworth Blvd. Across 32 Avenue is the Crown Hill Mortuary & Cemetery. Close by is the intersection of 32 Avenue & Wadsworth Blvd with its varied commercial uses. This community will be a positive addition to the character of the area. With its new construction and additional residents, it will help revitalize an area that is a bit long in the tooth. - Access/Traffic Patterns/lmpact- As the included Traffic Impact Study indicates the majority of the traffic generated will utilize Wadsworth Blvd and to a lesser extent 32 Avenue. We anticipate that a portion of the new residents will utilize the Light Rail conveniently located nearby at 13 1h Avenue & Wadsworth Blvd. With the minimal amount of additional car trips, the overall impact in the area and adjacent streets will be negligible. - Utilities- X -Cel Energy currently serves the site for Electrical and Gas. The City of Wheat Ridge supplies Sanitary Sewer. Consolidated Water serves the Northern half of the site and they have expressed a willingness to annex and supply all 21 homes. -Effect on Public Facilities - Preliminary meetings have been held with the City to examine and explore services and their impact. A quick summary: Planning Commission WZ -14 -b /Grove 21 Fire- Our consultants have met with the Fire Department and no secondary access will be necessary. All road designs meet their standards. Police- No adverse effects are anticipated. Water- Service lines are available on 32 nd . Storm Water- The site will have two detention facilities for controlled release into the existing storm Sewer. We anticipate an offsite discharge pipe running through the Northern adjacent Oak Hill partments ( ). The easements and agreements are currently underway. Roadways — A R.O.W will be reserved on Wadsworth Blvd for future CDOT expansion. A R.O.W will be dedicated on 32 " Avenue and appropriate improvements made along the street frontage. Parks & Schools — City mandated contributions, in lieu, have been discussed and are anticipated. -City Policies - Discussions have been held with the City to adhere to all requirements for the rezone process. A neighbourhood meeting was held on February 11, 2014 to solicit neighbourhood input. We feel that the feedback was positive and the adjacent landowners are looking forward to the removal of the adjacent blight. We have committed to meet the requirements for roads, setbacks, heights and associated municipal codes. Planning Commission 12 WZ -14 -6 /Grove 21 Exhibit 2, Aerial Photo Planning Commission WZ -14 -6 /Grove 21 7671 W. 32nd Ave and 3299 Wadsworth • Planned Residential Development Exhibit 3, Zoning Map 35TH AVE V 3�TH PL `_ • ��` Ln LU M a _ 34TH AVE J M Ln m LL = S r;. ~ Ln z 32NO-AVE ► �i+ iM�iNAiiJrM nMaSuEuUnSIMIIOuNnNn ai0linuMuNoMAP11wiiau �u u d • Y Planning Commission WZ -14 -6/Grove 21 14 Exhibit 4, Site photos 15 View of property from W. 32 Avenue Planning Commission 32 Avenue looking west WZ -14 -6 /Grove 21 32 " Avenue looking east View of property from Wadsworth Planning Commission 16 WZ -14 -6 /Grove 21 House on western portion of property Planning Commission 17 WZ -14 -6 /Grove 21 House on eastern portion of property Interior view of property Interior view of property Planning Commission 18 WZ -14 -6 /Grove 21 Exhibit S, ODP document Planning Commission 19 WZ -14 -6 /Grove 21 Exhibit 6, Architectural design Planning Commission 20 WZ -14 -6 /Grove 21 STREMISCAPF % 11 W FFM AR1 1' ',\ iN Fo. 11117MMIN a I with about 110 feet of street frontage along W. 32nd Avenue; the size of the lot is 41,382 square feet (0.95 acres). The property at 3299 Wadsworth is 104,544 square feet (2.4 acres) but is essentially a flag lot. The main portion of the property is rectangular with the exception of tile northern property line which is angled and parallel to the Rocky Mountain Ditch. The southeast comer of property includes a pole portion which extends east to Wadsworth and provides about 60 feet of street frontage. The existing home is located on the southeast comer of the property. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from R-2 to Planned Residential Development (PRD) for the development of small lot single- family homes. The applicants have proposed two-story and raised ranch homes with front porches. Shared driveways will reduce the impervious area in the front yards and will provide access to garages at the back of the lots. The neighborhood design is more urban in character and will feature smaller lots varying in size from about 3,750 to 4,100 square feet. Side setbacks are proposed to be 5 feet. Front and rear yards will be modest in size, no more than 20 feet in depth. Tile properties on the southern portion of the site will be slightly smaller than those on the northern portion. Primary access will extend from W. 32nd Avenue with a cul-de-sac bulb at the north end of the site. The street would be dedicated as public right-of-way. The following is a summary of the neighborhood meeting: 0 In addition to staff, 19 members of the public attended the neighborhood meeting. 10 Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed single-family development, the market conditions that trend to smaller lots, and the village-like feel of the design. • The members of the public were informed of the process for a zone change. • The members of the public were infon of their opportunity to make comments during the process and at the public hearings. • Neighbors compared the proposed design to a previous multi - family development and were more receptive the applicant's single-family proposal. Concerns were related to drainage, preservation of existing trees, additional traffic on W. 32 ,„ a Avenue, and perimeter fencing. The following issues were discussed regarding the zone change request and proposed development: How many lots are proposed? T lie pt-ol)osalinclt.itl(?s2l sire gl( nii/vlots- , fil • What is the size of the home? The hoines ii,V/ rangeftom 1500 to 2000 square feet. What is the price point for the homes? Planning Commission 22 WZ- 14-6/Grove 21 The homes will be around $300, 00(t, • Will the homes include basements? Some nia.11 include basements. • How tall are the homes'? TheY will be offering hvo-story and ranch styles. The homes are custom built, so the total o each design will be afiniction cif `the market. The applicant is seeing an equalprq/crence both designs recent1v • Will the homes be energy efficient? The energy efliciency is measured in HERS (home enet; i - about 60% o _zy rating) and consume the energy of normal home. Because the homes or(-, custom, they can include passive solar and other features at the request of the bqver. Has the perimeter fencing been designed? The details ql'the design, such as the type qfperimeter.lencing, have riot yet been designed. Neighbors expressed a preference fear something more durable than a cedar privacy fence, such as masonij or vinyl. • Will there be an HOA? The applicants do not expect an IIOA; each lot will be, fee simple ounership. • What are the proposed setbacks? The prelitninat:y site plan shows a minimum 5- . /bot setback which is the standard mini"111111 in all residential zone districts. The rear setback Ttill vary= based on the shape of the lots. The deeper lots could include tip to a 25,16ot setback to maximize back yard space. Will the trees be saved? The applicants hai the desire to preserve as inaity trees cis possible. Staf ,f noted that a required submittal will liked 7 include an inventoij7 and analysis q1'existing trees on the site, Is the theme of the architecture Victorian in nature? '1 he homes include a somewhat Pictorian design with ftont porches and clapboard siding that ev a cottage- or village -like feel. • How will the residents access the garages? Shared driveivqys and garages behind the homes arc a central, feature qf the design. ,Residents will access the side-loaded garages.trom the street, Aegarages are setback about 25 feet from the western property= line, The notification letter indicated the site is mostly vacant—what does that mean? There arc two homes and several outbuildings on the site, but they are not currend) occupied and the mqjority of the site is undeveloped. • What is the expected timeline for the project? The rezoning process alone can take 4 to 6 months, platting and specific site design will follow. There is not vet tin estimated completion date, • How does this compare to the previous proposal by Jefferson County for the site? In 20(t 5 a Dif ferent applicant—the JeIfirson Coun�)� 1lousing Authorit y—requested a rezoning to construct 8 residential buildings with a total of about 43 divelling units, The current proposal is much less dense with only 21 lots and includes detached single ,/amilj homes. Tlae Planning Commission 23 WZ-14-6/Grove 21 current proposal still represents a transitional land use ivith tnoderat e densih7 betlVeCil the multi- ftinfilj! and connnercial uses on 14'adsworth and the R-2 neighborhood to the west, Who currently owns the two lots that comprise the site? The property was pr eviousl owned 4y the.Jel�crson County Housing Authority, but nave Jelj ,, rson County itselt'oAvits the site. Is PRD a zoning designation, and if so is there any minimum lot size in the PRD district.? A Planned Residential Development is a zone district, but it does not include codified development standards in the same via " * v as other straight " residential Zone districts, A planned development is intended to be usedfi)r unique physical conditions or a unique development proposal. In this case, the unique conditions include the shape of the lot and the desire to provide a more urban, smaller lot develolmient that is not considered in other residential zone districts. The PRD is a negotiated zoning that allows a developer moreflexibilitv to propose a design that may not be permitted in another zone district. The intent is not to circuinveta the zoning code, and the expectation is the provision q1"a high quality design in exchange the flexibilitil calf rc �jc d ky a PRD. • Is each PRD established on an ad hoe basis? E'ach planned development is revicived individually on its oiiii inerits, Staffand service agencies mill revieli the documents and provide continents. Stal'atidPlannitk C.ottittiivsioii will inake a recomatendation ol'approval or denial, but ultinuitell 0ty Council approves each planned development. Because a PRD is a nioreflexible, negotiated type o0one district, the application includes more detail about the proposed design and is revielved with more scrutiuv than other tvpes o 'bv right c./evelopinent. Why are the lots so much smaller than the 9000 square feet required in R-2? Musing pre _ v shyiing aw v large' lot . k.rences in the real estate market are increasing q suburban homes. Eniptv nesters, seniors, and . voungpi - olessionals are seeking smaller lots with less maintenance, but thee' still want the independence that comes with singlefinnily homeownership. The proposed design is more similar to the neighborhoods seen in Stapleton, Lowi- ' v (' , and Belmar that respond to this neivpr, and increase the variety Ql"housing Options in ff'heat Ridge. UtilitL Qraina& • How will you address the abandoned ditch along the southwest perimeter of the property? A neighbor described an abandoned ditch along the ivest side of lots I through 6. She explained that water rights had been sold, but the ditch had neither been bac4filled nor Tvas the easement vacated. The applicants explained they ivould be using surveys and title work- to clean up and rentove as inatty encumbrances (is possible, An abandoned ditch would be included in that effort ifit alkets the subject propero • Will the development impact existing utility casements on the neighboring lots? No, the utilities and easetnents on the existing lots to the west will not be impacted. The new developinent will include its own utility easenients along the perimeters elf f each lot, Will utilities be undergrounded Planning Commission 24 WZ- 14-6"Grove 21 Utilities for- new developments are typically required to be undergrounded ,keel will be given the chance to comment on the application. Applicants are not required to underground existing utilities in adiacent neighborhoods. • Will drainage in the surrounding area be better or worse after the project is completed" The proposal will result in all increase in impervious surface, however, the applicants ivill be required to complete a drainage report and keep and treat all runojfivater on -site. The proposed site design includes two detention ponds that will discharge into the storm sewer system. The proposal ivill not result in surface runqt ,fonto rte ighboring proper ties which mq�y be happening noiv since now drainage system is in place. • Will there be any access on or off of Wadsworth? Wadsworth is a state highivall controlled l?y CDOT The only access to Wadsivorth ivill be for emergency vehicles. FOOT will not allow access.for several reasons, include, the_ let that a narrowfirontage prohibits construction qfacceleration1deceleration lanes. The topography of the area and the presence ofthe Roch Mountain Ditch complicate access in this area. Primaij access ivill be o qf W 2n Avenue. • Will a traffic signal be added at W. 35 th Avenue? The applicants would not be responsible,lor a neiv stop light at IV 3.5' Avenue because it is not adjacent to the subject site, and their prqject alone would not increase traffic at this area. CDOT would have to approve the addition qJ'a trql ,fic signal in this location —neu signals arc added i4, traffic counts reach a certain threshold. • Will Wadsworth be widened? Wadsivorth Boulevard is slated to be widened in theJuture, but there is no timeline 6r the project. To accommodate the future ividening, the alyVicants ivill be required to provide a ?? wide right-q1-'ivqi.- dedication and a 24- , /bot wide W ads reservation along the ivorth ,/rontage, • What can be done to fix traffic issues and the bus stop location on W. 32" Avenue? The neighbors noted that curls cuts at the gas station and multi- fiami1v development are too close to the intersection and make it dil nd ,ficult to turn left (eastbound) onto W 32 Avenue. As a result, vehiclesfi-equentli� turn right (ivestbound) and turn around on Yorrow Street or ky - vveaving through the neig ,jiborhood, There is also a bits stop at the gas station that complicates turning movements in this area. The neighbors arc concerned about this issue ill general, and don't want to the see the issue exacerbated by the new development. The applicants will be required to complete a ft -qffic study to understand the impacts qfthe new development. They expect that the neiv road will be.,/ar enough west that the residents will be able to turn kft (eastboinul) onto If, 3.2 d Avenue without the same trouble experienced at the gas station. Staff received no written comment prior to the neighborhood meeting. Planning Conimission 25 WZ- 14 -6/Grove 21 • I February 11, 2014 — 6 PM Neighborhood Meeting Zone change from Residential-Two (R•2) to Planned Residential Development at 7671 W. 32 "d Avenue and 3299 Wadsworth PLEASE PRINT We Address A4tt Y 3, C' 2, w . 3. �v aua 4, 5 44 4�9 44' 6, i s N 7, IX Planning Commission 26 WZ- I 4-6/Grove 21 Planning Commission 2 WZ- 14- 6/Grovc 21 20, 13 a e P, o 23 , b 21 ^ P � r' � y 26. r� # g f e /will Now 2T 28 , 31 Planning Commission 2 WZ- 14- 6/Grovc 21 0 I 2 Planning Commission 28 WWZ -I4 -6 /Grove 21 ex Ca eX Cr ti to & c' F A� ua si h is C 47 co- 1, RICHARD A. NOBBE. 00 HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF THE OUTLINE DEVELOPMENT PLAN WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYWO PLAN ACCURATELY REPRESENTS SAID SURVEY. (SURVEYOR'S SEAL) iiG 0NAT ORE KEVIN HERINGER, OWNER CALIER CAPRAL, LLC STATE OF COLORADO SO COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - OF A 2014 WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXMRES: THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE, SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC DEVELOPMENT PLAN MUST BE SUBMITTED AND APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF A RIGHT•OF—WAY OR BUILDING PERMIT APPLICATION AND ANY SUBSEQUENT SITE DEVELOPMENT COMM*= JEFFERSON COUNTY CLERK AND RECORDER mmm THIS PLANNED RESIDENTIAL DEVELOPMENT DISTRICT IS ESTABLISHED TO PROVIDE FOR A HIGH QUALITY RESIDENTIAL NEIGHBORHOOD, CONSISTING OF SINGLE FAMILY DETACHED RESIDENTIAL USES THAT ARE COMPATIBLE WITH ADJACENT EXISTING RESIDENTIAL AND OPEN SPACE USES. 2 USES. DETACHED ACCESSORY STRUCTURES ARE NOT ALLOWED mo Amfn RnAT CT Ap k T A, i ^wm mg�l �## PLANNING _Q _LQMML$5!QNN �TIFI �TN' RECOMMENDED FOR APPROVAL THIS _ ------ DAY OF 20I4. BY THE WHEAT RIDGE PLANNING COMMISSION, EWIRPiR LML_QEKlflQLTL 0 —N APPROVED THIS DAY OF 2014 BY THE WHEAT RIDGE CITY COUNCIL. CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR MITNT001} 21HIMEM # � I„ MAXIMUM HEIGHT: 35' 2, MAIOMNM BUILDING COVERAGEc 40% 3. MINIMUM LOT AREA: 3,500 S.F. 4 MINIMUM LOT WIDTH: 45' 5. SETBACKS: CASE #WZ-05—I3,WZ-14­O6 o" 6 m A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, Of THE 6TH PRINCIPAL, MERIIXAN, CITY OF WHEAT RIDGE, COUNTY OF' JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; LAND USE TABLE USE AC. DU DU/AC. 7AC, RESIDENTIAL AREA 1.78 51% OPEN SPACE / DETENTION 0,51 15% SUB TOTAL OF RESIDENTIAL AREA 2.29 2O 8.73 6691 RiGHT—OF—WAY W. 32ND AVE, DO3 1% — MIGHT—OF—WAY WADSWORTH BLVD 6 INTER STREE"C5 0 8 ­ r2 31% TOTAL 01 — 1- S UB IGHT- 6F � W ! Y ETJ 1,19 1'19 34% TOTALS _�148 _j '_57_75 'TC�5%_ zNzffx& MARTIN/MARTIN CONSULTING ENGINEERS 12499 W. COLFAX AVE. LAKEWOOD, COLORADO 80215 PH:303-431--6100 CONTACT: MARK THORNBROUGH, P.E. 5dEu j R OUR I TITLE PAGE ODP2 PRELIMINARY SITE PLAN R&ITYOWCATION you dig V"lp cwl N M RACK) GO befoM . CALL. 81 2-EIUSINESS DAYS IN ADVANCE Kk 0 0 cr C, z E, z ue sn V v ti fa 5 0 GROVE 21 AT WHEAT RIDGE PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN JEDLN NW 1/ SECTION 26, T.3S., R.69W., OF THE 6 TH P. M. PROPERTY LINE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO EASEMENT SECTION LINE CENTER LINE SETBACK LINE PARKING LINE TRACT 'C' CURB & GUTTER GENERAL DET ENTION POND 50,11 4 P. TRACT 0 IDE THE FICA, TRACT A MAY ALSO BE USED FOR OTHER PAVEMENT NOO` I 9'L7W ' W ASPHALT 55_ A SHALL BE FOR DRAINAGE, UTILITY EASEMENT (3 AND DRAINAGE EASEMENT FOR EAST '50470,00' 55, 55.00* DETENTION POND AND WILL BE MAINTAINED BY AT THE BOA'S DISCRETION, DEVELOPMENT AMENITIES SUCH AS COMMUNITY GARDENS OR OTHER SUCH USES CONCRETE/ SIDEWALK 2, TRACT B SHALL, BE FOR DRAINAGE AND WILL, BE MAINTAINED BY THE HOA, DRAINAGE COLLECTED IN TRACT 8 i WILL BE CONVEYED TO THE CI STORMWATER SYSTEM VIA BURIED PIPE AND DRAINAGE APPURTENANCES. C2) 03 C S Z 10 to I STORMWATER FLOWS CONVEYED FROM TRACT B WILL BE AS ALLOWED PER C STANDARD AND REGULATIONS, DESCRIPTIONS DRIVE , 3519.26 SF 1 3519.26 BE 1 3519.26 SF 1 3519.26 BE d 3536,92 BE 4293,26 BE - CC 3, TRACT C SHALL BE FOR DRAINAGE AND WILL BE MAINTAINED BY THE BOA, DRAINAGE COLLECTED IN TRACT C WILL BE CONVEYED TO THE CRY'S STORMWATER SYSTEM VIA BURIED PIPE AND DRAINAGE APPURTENANCES, A R Y_ STORMWATER FLOWS CONVEYED FROM TRACT C WILL BE AS ALLOWED PER CITY STANDA AND REGULATIONS. 55 50 _27,94', 35 00 5 SD 55 50 55 50'_ C� Z 2 � , ' LANDSCAPE IV— N ED ACCESS S' WALK TYR 5' LANDSCAPE AVENUE - WIDE ON STREET 2 AL PA .5' VERTICAL A H I LANE, TYR, ' K! CURB AND GUTTER 858, 1 00' NW 9'27 466 OO ....... 45,00' 45-00' 4500 45.00' 50.60 6500 105.72 2 A FUTURE 32ND 63' AVENUE ROW LINE 826.00 11L �� = SUFFER, TYP, ( LO' DEDICATION FOR 32ND ASPHALT F 45 00 5, 04 AVENUE RIGHT OF WAY (TO PAVEMENT 1 3716ZO SF I BE BY PLAT) 6908,00 SF (s' - _ 3 ZaVING 1 3735ZO BE: 373SO0 SF} 351276 SF 1 382027 SFI 1 3735,00 BE 3735,00 SFi TRACT 'B' 430.50' co 45, 96 45,00___'_­_ 0 --l- i . —VARIES— --VARIES-- ____ - R28,00* RAILOD' TYR, TRACT 'A" so Ii�'46F6N-STREET TYP�, SETBACK 7 / t STRIP o jgPARKiNG LANE ---- '6' WIDE ON-STREET_ TWO-CAR TWO ..CAR S' WALK TYR, PAVEMENT _--�, ROCKY MOUNTAIN DITCH o GARAGE GARAGE PARKING LANDSCAPE STRIP v &00 SETBACK 7 45� .70 , 40,,311::]: •4&00­ 4 .01 A moo MIN. I TYPICAL I TYPICAL to 2 38'- RESIDENCE I I—- I 'I Do' d i 0 15 107 Q6 SETBACK °`r /J � 0 (Dq:'(i�; I ... . . ........ -PROPERTY UNE as 5' DETACHED WALK � I --- 1 1 "" w 0 1 1 � 369000 3689,87 SF D�E I (AT BACK OF WALK) 1 3691,57 BE 3690,00 sf SF 3690,00 BE R__2 ZONING 3966,54 SF TRACT * 8 * CL TO PI, p 30 - 00' _15 L, SITE PLAN L.01S —6) SCHEMATIC .�00' 45 42.00' Two, oa NOT TO SCALE 7 7 "PROPERTY BOUNDARY, TYPL UTILITY EASEMENT - TRACT 'A" VARIES— —VARIES --48' ROW- is' --To __T LANDSCAPE I SETBACK :V �FF 2 E R ✓2" 1 2 5' TWO CAR TWO -CAR V w IKI LANDSCAPE o GARAGE GARAGE 8 MIN LAN __T_lANE__ BUFFER 5.00' 4 V E LANE SETBACK • ax # I 16,00' MIN, 26* FIRE LANE J ------ � ID 2' INTO PKG LANE) TYPICAL 30 15 0 30 60 RESIDENCE ,'' SCALE� 1'=-30' 1z , &L NMENSOWS SHOWIN ARE us, SURVEY f FIT 1,00' DRIVE RQAL3EQDQ_NA-A DETENTION POND 2--LANE LOCAL STREET MODIFIED CROSS-SECTION mo FUTURE WADSWORTH Z NOT T(O SCALE SETBACK BLVD ROW LINE PROPERTY LINE �AREA, RESERVED FOR 5' DETACHED WALK (AT BACK OF WALK) FUTURE WADSWORTH BLVD ROW t�l _LANDSCAPE !i' LANDSCAPE BUFFER BUFFER CL TO PL 2 1 U NOTIFICATION 29.5' 5, UNCC mw-wsbelow. 6 25 5 MIN C'*'CQLt%IAW C011bdomywdlg. -AREA OF WADS S IDE WA LK P6"r PKG -tit— MIN L-t-,-4- SITE 7 SCHEMATIC 37A7' WORTH 5* 'j12EWAIK__ 1 BLVD ROW DEDICATION S DWALK cALL811 2-BUSINESS DAYS W ADVANCE NOT TO SCALE j (TO BE BY PLAT) BEFORE YOU DIG, GRADE OR EXCAVATE FOR 26' FIRE LANE MARKING OF' UNDERGROUND MEMBER UTILITIES �-(ENCRGACHES 2' INTO EACH-] 15-00 SOO' 1 9'27'F 60,00' - COASTER SECTION LINE PKO LANE) MARl',N/MARFN ASSUMES NO RESPONSIBILITY FOR UULffY ----- LOCATIONS, 'THE UPLIPES SHOWN ON THIS DRAWING HAVE BEEN WAL7SW0l?7H BESUlfeVARD aQ&a_U.QTDlN -U--R PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER, 2-LANE LOCAL STREET MODIFIED CROSS-SECTION THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE SIZE, MATERIAL, HORIZONTAL AND VERTICAL LOCATION OF ALL, UTILITIES NOT TO SCALE PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION, PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 19, 2014 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE KEEPING OF DWARF GOATS Case Manager: Kenneth Johnstone, AlCP, Community Development Director Date of Preparation: June 19, 2014 ZOA-14-03 / Dwarf Goats more permissive and directed staff to prepare an ordinance for consideration. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Cc rmnission and City Council as ordinances and are suhject to public hearings. Notice for this public hearing was provided as required by the Code of Laws. � "To Section 26-606. Sinall animals and pouloy. The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons is allowed, with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside of the front yard, set back 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. ZOA- 14-03 / Dwarf Goats By way of summary, the ordinance is proposed to regulate dwarf goats in the following manners: 31 Ilk's I move to recommend approval of the proposed ordinance amending various sections of Chapter 26 of the Wheat Ridge code of laws, concerning the keeping of dwarf goats." Exhibits: I . Proposed Ordinance 2. Tutorial on dwarf goats prepared by Sundari Kraft ZOA- 14-03 / Dkvarf Goats 3 CI TY OF WHEAT E A T R e e -.■ e INTRODUCED COUNCILMEMBER e : BILL . ■ . .. ORDINANCE Ne . .. ... S edes <a.. w : x ,� � § . . y, �■ ;. . .�.. � .� -,■ © . ■ ■ . # ilk , I Z , qy ,.< NOW THEREFO BE ORDAINED BY THE C .e OF THE CIT OF WHEAT RI COLORADO: ° f. .�� � . . ,,�7 z , �. ». .: ,, - ■ «'� ,,. w .. © w _ -' a �l ■ <.,, All houses, coops, hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER F• ` be located other than in a front yard, shall be set back at least fifteen (15) feet from ! and rear property and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent pry keeping of animals is discontinued for a period of sixty (60) consecutive days • more, then said keeping of animals must conform to the provisions hereof or must cease. Section 3. Section 26-119 of the Wheat Ridge Code of Laws is amended by the addition • the following definition, in proper alphabetical order: Dwarf Goats. Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26-204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Residential Districts Notes Large and Small Animals See 26-605 and 26-606 Section 5. Effective date. Pursuant to Charter Section 15.11, this Ordinance shall take effect upon effect fifteen (15) days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading a vote of _ to this day of 2014. 1 SIGNED by the Mayor on this day • 2014. 1IN MA- ir-00311 � In wlmrgn� First publication: Second publication: Wheat Ridge Transcript Effective Date: Published. 2014 Wheat Ridge Transcript and www.ci.wheatridge.cous Dwarf Dairy Goats in Wheat Ridge Prepared by Sundari Kraft Author, "The Complete Idiot's Guide to Urban Homesteading" Founding Co- Chair, Denver Sustainable Food Policy Council Founder and Owner, Heirloom Gardens LLC Founder and Organizer, Sustainable Food Denver Backyard Goat Keeping Instructor, Denver Botanic Gardens www.eatwhereUbve.com info@eatwhereUlive.com This it a draft pnposaL Questions and requests for additional information arr rr rAvme. info@eatn iarUt.w.mm Summary of the Proposal Urban homesteaders across the country are raising backyard dwarf dairy goats in growing numbers. Small in size (milking does weigh 50 -60 pounds) and easy to manage, dwarf goats can be a source of healthy and affordable milk for Families. Wheat Ridge should add dwarf goats to the fist of "Small Animals and Poultry" that are currently allowed in die city, with reasonable guidelines regarding the size and placement of the animals' structure. Current Laws Wheat Ridge currently requires 9,000sf of open space in order to have a horse, and 4 full-size goats are the equivalent of a horse. The rules do not make any distinction between a dwarf goat (50 -60 pounds) and a full-size goat (150 pounds). In addition, a resident who only wants to keep 2 goats is not allowed to "split the horse" (so to speak) and have 2 goats with only 4,500sf of open space. 9,000sf of open space is not a reasonable requirement for an urban homesteader, nor is it a necessary amount of space in order to safely raise dwarf goats. The category of "Small Animals and Poultry" currently includes things like farm birds (duck, goose, swan, and poultry) and domestic rabbits. Poultry houses or chicken coops must be smaller than 400sf and shorter than 12 feet tall. The structure cannot be kept in the front yard, and must be at least 15 feet away from the property lines and more than 30 feet from a residence or main structure on an adjacent property. About Dwarf Goats The term "dwarf goats" can be applied to two distinctive breeds of goats: Nigerian Dwarf and African Pygmy. Nigerian Dwarf goats are most commonly raised as dairy goats. They are 17 -19 inches tall (measured at the shoulder). Adult females weigh around 50 -60 pounds, and adult males weigh around 75 pounds. These goats are approximately as big as a medium -size dog. A Nigerian Dwarf doe can produce about a quart of milk per day. Males that are castrated (called "wethers'� are often kept as pets. These goats eat primarily hay, although they also enjoy vegetarian food scraps, weeds, and most garden waste. Goat droppings can be safely added to gardens or compost piles. Nigerian Dwarf goats can be easily transported in the back of a car, and they enjoy hiking in the mountains on a leash. African Pygmy goats are similar to Nigerian Dwarf goats in many ways, although they are typically not milked and kept only as pets. They are smaller in size -- just 15 -17 inches high at the shoulder and weighing 40 -50 pounds. Both Nigerian Dwarf and African Pygmy goats are distinctly different in size compared to full-size goats, which generally weigh around 150 pounds. " "• i " 4 t: Goats are soc ial creatures and can become extremely stressed if they are alone. It is not advisable to keep only one gust; goat owners should always have mro (gar more). Pl ease see the attached chart, (#1). Denver passed a mm Food-Producing Animals ordinance, in 2011, and the chart reflects the rules of that ordinance. 'Me information on other cities was gathered by the to in Denver tasked with doing research in the process of developing the ordinance, and reflects the other cities' ordinances as, of early 201 1. A A Wheat Ridge Solution Chart #2 Comparison of Backyard C hicken Ruhr "tat Ridge Nu r Allowed Not spceified � S c11E"e9tr to wa wound Mh otl ; Structure Size Not specified yt° gh for Ow, cliicktas ks qmd that " waip wittimst t Not in the front y d 1 ft fmm from Sovewte lament the sick: and mat lines, � ; 1S t "eigbb"ing residences .30 ft fsrantn neighbming tesrclerxvs S tan Ad*quate to contain the a nr ,a Adequate to conain the animals � "I an INIA- 1 mi MEETING DATE: June 19, 201.4 E PUBLIC HEARING E CODE CHANGE ORDINANCE Case Manager: Kelmeth Johnstone, AICP, Community Development Director Date of Preparation: June 19, 2014 In the years since each of the Constitutional amendments have been adopted and the City has allowed residential growing of marijuana, there have been numerous instances where health and safety issues have been identified in residential structures where large amounts of marijuana were being grown and harvested. As such, it is reasonable and necessary to place certain regulations and limitations on the residential growing of marijuana. The City Council discussed the issue at its May 19, 2014 study session. Finding that the unregulated cultivation and processing of marijuana ill residential settings may pose significant health, safety and welfare risks, such as an increased risk of fire, mold, odor, fumes, theft or burglary and access to marijuana by children, the City Council directed staff to present an ordinance adopting residential cultivation and processing restrictions. The ordinance also prohibits the co-location of "personal" grow operations on commercial properties (e.g. an unregulated and unlicensed communal garden of personal inventory) by prohibiting cultivation and manufacturing activities on commercial properties unless conducted by properly-licensed retail or medical marijuana businesses. The ordinance also requires primary care-givers to acknowledge these restrictions in their license applications. BACKGROUND: Under Section 14 of Article XVIII of the Colorado Constitution ("Amendment 20"), individuals with debilitating medical conditions and their "primary care-givers," as further defined therein, are provided defenses to (or exceptions from) criminal prosecution for the possession, production and use or medical marijuana. Amendment 20 authorizes such individuals to possess up to six marijuana plants, with three or fewer being mature flowering plants that are. producing a usable form of marijuana, with an allowance for all individual to possess more than six if necessary to adequately treat the patient's debilitating medical condition. Section 16 of Article XV 11 of the Colorado Constitution ("Amendment 64") similarly authorizes persons over 21 years of age to possess, grow, process, or transport no more than six marijuana plants with three or fewer being mature, flowering, plants so long as such activity takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. As a result of both of these Constitutional amendments, individuals ]lave a constitutionally- protected right to grow marijuana plants in their homes. They have a corollary right to harvest, process and consume the marijuana tliat they grow. OA -14 -041 Residential Marijuana Cultivation and Primary Caregiver Licensing OA- 14µg4 ,/ residential Marijuana Cultivation and Primary Caregiver Licensing 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 06 Ordinance WHEREAS, City Council has learned that the cultivation, processing, growing and possession activities for patients, primary care-givers and adults as described in Amendment 20 and Amendment 64 are not highly regulated under state law, and 1 11AEREAS, if such activity is not otherwise regulated and limited within the City it could after the character of the City's residential neighborhoods and present safety B. Cultivation, drying, processing and manufacture of marijuana and marijuana-infused products is permitted as an accessory use to any residential dwelling; provided, however, that the following requirements are met: 3. Such use may only be conducted • a person who resides within the dwelling in which the use is occurring. I The total area used for said purposes shall not exceed twenty-five percent (25%) of the gross floor area of the users dwelling unit. 5. The use shall not generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district. 6. There shall be no visible evidence from any property line that such use is occurring within the dwelling. 7. The use of compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited. 8. The installation or modcation of any electrical, mechanical, plumbing or any other type of system or fixture related to the use shall comply with all applicable provisions of the City's building regulations as set forth in Chapter 5 of this Code. C. Except as provided for in Articles XII and Xill of Chapter 11 of this code, cultivation, drying, processing, manufacture and storage of marijuana may not occur in any non-residential structure. Section 2. Paragraph 11-321(b)(8) of the Wheat Ridge Code of Laws is hereby amended as follows. mm��� (8) A statement by the applicant acknowledging that the provisions in chapter 26 of this code concerning MARIJUANA APPLY home GGGUpatiens applies to the activities of a primary care-giver; and Section 3. Severability, Conflicting Ordinances Reeealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter, INTRODUCED, READ, AND ADOPTED on first reading by a vote of to — on this day of , 2014, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 23, 2014, at 7.*00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. [a READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by 2 vote of to this _ day of 2014. SIGNED • the Mayor • this day • 2014 L . a First Publication: Second Publication Effective Date: 0 MEMO PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT Case Manager: er: Kenneth Johnstone, AICP, Community Development Director Date of Preparation: June 19; 2014 ZOA -I4 -05 f Manufacturing of Marijuana Infused Products (MIPs) provisions were adopted separately (in 2011 an(] clean up provisions to clarify existing regulations. follows: 2013 respectively), the ordinance also includes The substance of the proposed amendments is as The current moratorium on all City action related to new applications for medical marijuana- infused products manufacturers and retail marijuana products manufacturers that was adopted by City Council on April 28 is scheduled to expire on July 27, This ordinance would become effective on July I and would repeal the current moratorium as of July 1. Recently, citizens and elected officials have raised the policy question of whether additional classes of marijuana related businesses, specifically MlPs, should be subject to additional separation requirements, as is the case for retail and medical marijuana related stores. As a result of these inquiries, the City Council adopted a temporary moratorium on new MIP applications to permit the OA -14-05 / Manufacturing of Marijuana infused Products (MIPs) 2 At its May 19, 2014 study session, the City Council reviewed the issues and discussed regulatory options. Consensus was reached to direct staff to prepare an ordinance containing the items listed above. Exhibits: I . Proposed Ordinance I City map illustrating the proposed MIP regulatory environment ZOA -E4 -05 / Manufacturing of Marijuana Infused Products (MIPs) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 05 Ordinance No. Series 2014 N NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Finding . The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Section 11-305 of the Code, concerning prohibited locations of medical marijuana establishments, is hereby amended as follows: (a) Except as provided in subsection (fG) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. M (e F) Each medical marijuana establishment shall be operated from a permanent location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. Section 3. Section 11-416 of the Code, concerning prohibited locations of retail marijuana establishments, is hereby amended as follows: (a) Except as provided in subsection (@H) of this section, no retail marijuana establishment shall be located at a location that does not conform to the requirements of this section. 0 9 PERIMETER OF THE PARCEL UPON WHICH THE EXISTING RETAIL MARIJUANA PRODUCTS MANUFACTURER OR MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER IS LOCATED. (F) No person shall operate a retail marijuana cultivation facility within the city unless the licensed premises of the person's retail marijuana cultivation facility are contiguous with the licensed premises of the person's retail marijuana store license and/or the person's retail marijuana products manufacturing license. If G) Each retail marijuana establishment shall ,® operated from a permanent location. No retail marijuana establishment shall be ensed to operate from a moveable, mobile, or transitory location. Section 4. The following rows within the Table of Uses for Commercial and Industrial zone districts, as ® forth in Section 26-204 of the Code, are hereby amended 7s follows: Uses NC RC C-1 C-2 I-E Medical mariju used P m _pEqdyuEct1 _Ma�nufacturers Retail marijuana products P P manufacturers Section 6. Effective Date. This Ordinance shallo ay. effective on July 1, 2014, as authorized by Section 5.11 of the Wheat Ridge Home Rule Charter. Sg-clion-Z. Severability, Conflng Ordinances Repealed. If any sectio subsection or clause of this Ordinance shall be deemed to be unconstitutional otherwise invalid, the validity of the remaining sections , subsections and clauses shl M not be affected thereby. All other ordinances • parts of ordinances in conflict with t provisions of this Ordinance are hereby repealed. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 9 dav of June, 2014, ordered published in full in a newspaper -�f—general circulation in t6 City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 23, 2014, at 7:00 p.m., in the Council Chambers, 7500 West 29 th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading a vote of _ to this day of 2014. 1 SIGNED by the Mayor • this dav of 2014. 011JAM Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: i T A R'VA r-� --� f. i � � i Z O o � f 0 ° Dig m I� 0 iM ; 44TH AVE ■ 0 J W LL Z z 0 I -� - - -- r - - -- I T il l . - ...i - f IF 1 - LL F a ul W J ■ 44TH AVE 38TH VE r w w LL — w a 32NDAVE NO NO 27T AV E DISCLAIMER NOTICE This federal representation ( geograph a nd `..'- a y ph in formation R a m a bl% a ib Aty ( N ( t by y � � p blt Th qt r Wh t fra Whcatl�dgc J tA a- a p so it St a to of C has plat nn com puterized information This ( t , bl to as City f Wheat Rid e, Colorado iden tifying y t ry- Tne H 9 p t it r p la a n la rye lied 7500 West 29th Avenue p nh b r m a s pt an Wheat Ridge CO 80033 -8001 results by qua lifie d a p a r source The of informa M1 II indemnify and hold ! iM1 City !Wheat 303234.5900 Ray r y a al bn a y a and t t m t It y of his causes Data Bourses: Cry or wheat Rlaye, fence Public Schools reliance o informati provided herein 41 ST AVE f Wr 1 JEFFERSON COUNTY _t L -i"F717-7 77- NO 26TH AVE -H - 7, �- - L A7uk E W b D �. 20TH AVE L I I II r„ll LAKESIDE 1 i MOUNTAIN Vlf — .............. 3! AVE I _ 1 z m� Z i W: 01 29TH AVE E DGEWA THE Proposed Regulations for Marijuana Infused Product (MIP) Manufacturers This map shows the businesses and land uses related to the proposed regulations for marijuana infused product (MIP) manufacturers. Marijuana Related Businesses The map shows the locations of active or pending MIP manufacturers as of April 28, 2014. The grey buffers indicated the proposed one - quarter mile separation between MIP locations. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana centers /stores and is proposed to also apply to MIP locations. This separation requirement is measured using a route of direct pedestrian access. Zoning Only one zone district is shown on the map: Industrial - Employment (I -E). Given the nature of MIP manufacturing, the regulations propose allowing this use only in the I -E zone district. Marijuana - related businesses that include MIP manufacturing F -1 One- quarter mile buffer ■ Schools (as of 4/28/14) ■ Drug treatment (as of 4/28/14) ■ Daycare (as of 4/28/14) I -E zone district City limits 411MIA n 025 D5 N State Plane Coordinate Projection Colorado Central Zone Datum'. NAD83 a]5 1 Miles Revised May 21 , 2014 w r ° W U p z z a a' Y u� I � I 0 of i &8TH I AVE — i E To