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HomeMy WebLinkAbout10/01/151. 2. 3. 4. 5. City of Wheat -Midge PLANNING COMMISSION Minutes of Meeting October 1, 2015 CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair OHM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Emery Dorsey Donna Kimsey Scott Ohm Pam Olson Alan Bucknam Steve Timms Amanda Weaver Meredith Reckert, Senior Planner Lauren Mikulak, Senior Planner Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to approve the order of the agenda. Motion carried 5-0. APPROVAL OF MINUTES — September 17, 2015 It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to approve the minutes of September 17, 2015, as written. Motion carried 4-0-1 with Commissioner OLSON abstaining. Planning Commission Minutes September 17, 2015 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. 7. PUBLIC HEARING A. Case No. WZ-15-05: Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting a zone change from Residential -Two (R-2), Agricultural - One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for the property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. Ms. Reckert stated that the purpose of the MU -C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial areas by promoting development that accommodates a mix of land uses, is more urban in character and is more pedestrian friendly. Ms. Reckert compared the development standards in the least intensive zoning (R-2) and most intensive zoning (PCD) on the property currently with the MU -C zoning that is proposed. She had made one change with regards to the maximum building height in the MU -C zoning, as pointed out by Vice Chair Ohm. A single use can go up to 4 stories except in urban renewals where there are no height and density limitations. A neighborhood meeting was held on October 28, 2014 with 20-25 people showing up. One woman who lived on Independence was concerned with the possibility of her view being blocked and increased traffic, but they attendees were generally supportive of the rezoning. For the public hearing noticing, three phone calls were received just questioning what the application was about and no letters were received. There were also no concerns from city departments or agencies. Ms. Reckert stated that the change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan and that Kipling is a primary commercial corridor which already allows for higher traffic volumes and is high on the City's list of redevelopment priorities. The property, if zoned MU -C, would be appropriate for higher density, taller buildings and high quality design. Planning Commission Minutes -2— September 2_September 17, 2015 Also, the City is in the process of installing a new 10 -foot wide multi -use trail extending from 32"d Avenue to 44`h Avenue and when this property develops the developer will be expected to extend the trail north from 44`h Avenue to the northern part of the property which will increased pedestrian and bicycle connections. Commissioner Boden asked to elaborate on the notes in the neighborhood meeting with concern to the height restrictions. Also, he asked if there were any concerns from the neighborhood school about rezoning. Ms. Reckert stated that with regard to the height of the buildings; the higher the building, the more parking will be needed and it is unlikely that structured parking will be built. There also has to be 15% landscape coverage on the property. In response to the second question, there was no concern from the school. Vice Chair OHM opened the Public Hearing. Mike Pharo 7777 S. Depew Street, Littleton The applicant, Mike Pharo, came forward to speak. He stated he is representing the property owner, Lloyd Anastasi, and because of the various zonings on the property it is virtually impossible to develop the land and they want to clean it up. Also, with a single zoning district there is a uniform method of accessing the property and CDOT will allow full movement. Also, it is the objectives of the ownership group to sell this parcel to local developers for development. Commissioner KIMSEY asked if the basis for the zone change is to market the property. Mr. Pharo replied positively. Vice Chair OHM closed the Public Hearing. It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to recommend APPROVAL of Case No. WZ-15-05, a request for approval of zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone Change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. Planning Commission Minutes -3— September 3September 17, 2015 The motion was approved 5-0. B. Case No. WZ-15-07: Ms. Mikulak gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. Ms. Mikulak stated the property is at the southeast corner of W. 38th Avenue and Wadsworth Boulevard and is just less than one acre in size. The property was developed in 1989 as a fueling station and has remained unchanged over the last 25 years and is currently a Shell Gas Station. With the exception of the subject site, three of the four corners on this intersection are zoned Mixed Use -Commercial. The applicant is requesting a zone change from Mixed Use -Neighborhood (MU -N) to Mixed Use -Commercial (MU -C) for the property located at 3790 Wadsworth Boulevard. The purpose of the zone change is to better align the zoning with the location of the property and to expand possible uses for the site including redevelopment for a freestanding emergency room. In 2011 the Wadsworth corridor rezoned to MU -C. The subject site is part of the 38th Urban Renewal Area which in 2012, was rezoned to MU -N. Staff is supportive of this zone change because MU -C is a more appropriate zoning for this location given the adjacency to Wadsworth Boulevard. The applicant wants to redevelop the site to be a freestanding emergency room. It is a newer land use and is not specified in the City's use charts. Staff has determined the use is similar to both a hospital and medical office use. A medical office is allowed in MU -N zoning, but a medical office and hospital are both allowed in MU -C zoning therefore a zone change is necessary. A neighborhood meeting was held on August 12, 2015 with two neighbors in attendance and both supportive of the rezoning and reinvestment. One letter was received today, October 1, 2015 from Lutheran Medical Center. It does not address the zone change, but does address their objections for the proposed land use. One comment was also received inquiring about the inclusion of a helicopter landing pad, but this is not permitted. There were also no concerns from city departments or agencies. Commissioner DORSEY wanted to confirm the reason for the zone change from MU - N to MU -C is to have a hospital on the site. Ms. Mikulak stated that MU -N is limits uses to a medical office as opposed to MU -C which will allow a medical office and hospital use which accommodates the proposed 24 hour use. Planning Commission Minutes -4— September 4_September 17, 2015 Commissioner KIMSEY wanted to know if this proposed land use will be appropriate next to the church and adjacent neighbors. Ms. Mikulak stated that the code takes into account the transition areas where you need landscape buffering and parking. Buildings need to be build closer to the street so they tend not be adjacent to neighbors. With a Conditional Use Permit, there would also be an additional layer of review to confirm that the function of the business is appropriate to the neighbors. Vice Chair OHM asked for clarity regarding the building heights allowed in the MU -C zone district relative to the city charter. Ms. Mikulak stated there are two code sections that regulate height. There are two geographic areas in the City that were exempted from the city charter height maximum of 50 and 35 feet. In those areas the mixed use zoning has created different height standards, four and six stories; however there is a clause in the code that states wherever this standard conflicts with the city charter, then the city charter trumps the mixed use zoning. In this instance the property sits outside the geographic limits of that exemption, so the city charter trumps the zoning and the maximum height on the subject property is 35 and 50 feet. Vice Chair OHM asked if there is anything special that will go on the plat that would say there is a restriction. Ms. Mikulak stated it is covered in the zoning code, no plat note is needed. Vice Chair OHM opened the Public Hearing Blake Propst 5850 San Felipe, Ste. 490 The applicant, Blake Propst, with Read King Commercial Medical Development, came forward and stated they are seeking a zone change because it works well with the Wadsworth Corridor as opposed to the 38`h Avenue Corridor and neighbors to the south were in favor of rezone. It also works well with the Wadsworth Corridor as opposed to 38`h Avenue Corridor. Jennifer Wrona 8300 W. 38`h Street Jennifer Wrona, VP Business Development at Lutheran Medical Center, stated they had previously met with the applicant, Read King, and found out about the possibility of developing the land at 38`h and Wadsworth as a freestanding emergency department (ED). Read King was looking for support and partnership from Lutheran. Because the facility would be five blocks away from a fully acute care hospital, she stated concerns related to patient care and payment for care. The detriment to the patient would be a delay in patient care because they may not receive the care they need from a fully acute care hospital. Second, she indicated that a community care ED typically doesn't Planning Commission Minutes -5— September 5September 17, 2015 provide care to the entire community such as Medicare patients and she wanted to ensure that people are not denied care based on their ability to pay. Jeff Beckman 2074 Foothills Dr. South, Golden Dr. Jeff Beckman, physician at Lutheran Medical Center, stated his biggest concern is the overall health and safety of the community. He felt that a freestanding emergency department down the street from a full service hospital is not in the best interest of the community. He was not concerned about the professionalism of the physicians that will practice there. He was concerned; however, that the community can't get the same level of care for a heart attack or a stroke, and those patients will usually need to be transferred to a hospital. He indicated that time is critical in these instances. His other concern related to signs directing patients to the hospital; he feared the community may end up at the freestanding ED instead of at Lutheran. Dave Mitchell 9958 Dodge Dr., Northglenn Dave Mitchell, EMS Director for Arvada Fire Protection District, stated he was here tonight to support Lutheran Medical Center concerns. He expressed concerns related to the state of Colorado's review of new medical facilities. He observed that the lack of a state -level certificate of need program may be resulting in an increase of new emergency room providers. He did not feel that bringing in freestanding emergency departments is conducive to a long term sustainable healthcare model. Beverly White 3375 Flower Beverly White, Director of Lutheran Emergency Department and Wheat Ridge resident, echoed the comments of her colleagues. She stated an additional concern related to the size of the subject site and its ability to accommodate adequate parking and ambulance access. She also expressed concern for how the freestanding emergency department will explain their fees. Blake Propst Mr. Propst was offered the chance to respond to the public testimony. He stated that Read King's intent right now is to rezone this property, but wants to also address Lutheran's letter of objection. He expressed that a community should be allowed to have choices, and a freestanding emergency department will offer full x-ray, CT and Ultrasound, lab and pharmacy. He indicated that the physicians and nurses are board certified and can see patients with minor and major complaints. He discussed the response times and indicated those times for patients being treated at a freestanding are comparable if not quicker than a full, traditional hospital. He addressed the concern regarding patients' abilities to pay and indicated that there is no payment required before evaluation and that patients are seen without regard to ability to pay. Mr. Propst also explained transfer agreements that are put in place with the hospital if a patient needs to be transferred. He indicated that heart attack and stroke patients Planning Commission Minutes -6— September 6September 17, 2015 receive the same amount of care at freestanding emergency departments as they do at full service hospitals. The patient will always see a specialist after tests are run at either a freestanding emergency department or a hospital. Mr. Propst suggested that citizens of Wheat Ridge should be allowed to decide the appropriate provider of their healthcare. Jackie Weinhold 6142 Dunraven Road Ms. Weinhold stated a patient needs to be seen at an acute care facility for a heart attack and strokes and does not deserve to be transferred from one facility to another. She thinks this is going to confuse the community about which facility to go to. Vice Chair OHM closed the Public Hearing Ms. Mikulak addressed the Commission to clarify how the testimony does and does not relate to the zone change request. The application is not a planned development, so the Commission is not looking at the merit of the land use, but at the merit of the zone district in general. Zoning does not regulate the market. She recommended that the Commissioners focus on the merits of the zoning relative to its surroundings. She clarified that the policy question is not one of whether or not freestanding emergency departments should be allowed in Wheat Ridge; it is a question on if an MU -C zone change is appropriate in this location of the City. Commissioner BODEN asked how the concerns from Lutheran relate to the zone change criteria regarding adverse effects on the community. Ms. Mikulak stated that zone change criteria are subjective, but staff feels the zone district itself does not adversely affect the area. City staff are not medical professionals are not making a statement on the emergency room. It was moved by Commissioner KIMSEY to recommend DENIAL of Case No. WZ-15-07 a request for approval of zone change from Mixed Use -Neighborhood (MU -N) to Mixed Use -Commercial (MU -C) for the property located at 3790 Wadsworth Boulevard, for the following reasons: 1. The proposed zone change is unnecessary because sufficient MU -C zoning exists in the immediately adjacent areas located next to this site. 2. The proposed zone change may negatively impact the public health, safety, or welfare of the community. 3. The proposed zone change is not compatible with the surrounding area; that being the church and the adjacent properties that will probably be subjected to zoning change requests in the future. 4. No certificate of need is needed for new hospitals in Colorado, which is an oversight. 5. There is no need for this use and no need for additional MU -C zoning. Planning Commission Minutes -7— September 7September 17, 2015 Commissioner DORSEY seconded the amendment. Motion carried 4-1 with Commissioner OLSON voting no. 8. OTHER ITEMS The next Planning Commission Meeting is October 15, 2015 Ms. Reckert introduced Community Development's new employee, Zack Wallace and stated we now have a full staff of planners. 9. ADJOURNMENT It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to adjourn the meeting at 8:16p.m. Motion passed 5-0. Sco hm, Vice Chair Planning Commission Minutes September 17, 2015 I 6J'e,,- Tamara Odean, Recording Secretary