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HomeMy WebLinkAbout09/17/15I City of WheatR d c PLANNING COMMISSION AGENDA September 17, 2015 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on September 17, 2015 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agendapackets and minutes are available online athttp://www.ci.wheatridge.co.usl95/Plarming- Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES—August 6,2015 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.) 7. PUBLIC HEARING A. Case No. WZ-15-06: An application filed by Michael and Maureen Buck for approval of a zone change from Residential -One (R-1) to Mixed Use Neighborhood (MU -N) for property located at 10191 W. 38a' Avenue. S. OTHER ITEMS A. Resolution 02-2015: A resolution finding a fourth amendment to the Wheat Ridge Town Center Project Urban Renewal Plan for a redevelopment project at the northwest comer of 38a Avenue and Upham Street is in conformance with the Wheat Ridge Comprehensive Plan. 9. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meefing if you are interested in participating and need inclusion assistance. I City Of ]�9rWheatRoge PLANNING COMMISSION Minutes of Meeting August 6, 2015 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29a Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Alan Buckram Emery Dorsey Donna Kimsey Scott Ohm Pam Olson Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Dirk Boden Steve Timms Amanda Weaver Meredith Reckert, Senior Planner Gerald Dahl, City Attorney Kelly Stevens, Deputy City Clerk 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner DORSEY to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES—July 16, 2015 It was moved by Commissioner OHM and seconded by Commissioner DORSEY to approve the minutes of July 16, 2015, as written. Motion carried 5-0. Planning Commission Minutes - 1 — August 6, 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. PUBLIC HEARING A. Case No. WZ-15-03: Ms. Reckert gave a short Power Point 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 approval of a zone change from Industrial -Employment (I- E), Commercial -One (C-1), and Agricultural -One (A-1) to Industrial -Employment (I- E) for property located at 4901 Marshall Street. 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. If approved, the zone change is the first step in the process of approval for redevelopment of this site. Prior to any construction, an administrative site plan review will be required to confirm compliance with City zoning code as well as the Architectural and Site Design Manual. No public hearing would be required for the second step. The applicants would like to build an office building and mini warehouse on the lot, which would be allowed with the change to I -E zoning. The Wheat Ridge Comprehensive Plan shows the area as "employment," and the proposed construction is consistent with this designation. Wheat Ridge Economic Development, Fire, Police Department, and Public Works support the development. The water and sanitary sewer districts and Neel Energy can serve the property with improvements installed at the developer's expense. Commissioner OHM wanted to clarify that tonight's hearing was simply about the rezoning. Ms. Reckert stated it was. He wanted to know if storage units were a permitted use in I -E zoning. Ms. Reckert responded that I -E zoning includes office buildings, storage units, warehouses, and other light industrial uses. Commissioner BUCKNAM asked about the existing billboard on the property. Does the zone change support the billboard? Planning Commission Minutes -2— August 2— August 6, 2015 Ms. Reckert responded that, yes, the zone change supports the billboard. Also, the applicant wants to keep the billboard where it is. She also stated that I -E zoning is the most intensive commercial zoning in the City of Wheat Ridge. The applicant, Kent Carlson, PO BOX 247, Thornton, CO 80614 came forward and stated Ms. Reckert did a great job with presentation and he feels he has nothing further to add. Chair BUCKNAM opened the Public Hearing Greg Picchione, 6920 W 47th Place, Wheat Ridge came forward to speak. He wanted to know when the proposed development will take place. He believes in this development — it is a low area topographically and the new development will help lift it up and make it more appealing. He wondered if the developer might consider saving the buildings on the property. The main building has a lot of character and history and contains a lot of old wood. The smaller, white building on the property used to be a popcorn stand for Elitch's. It would be good to save something from the buildings on this property and then start the development. Mr. Carlson explained that they plan to start the demolition as soon asTossible. They are working to obtain the permits now. They hope to come up with a site plan for staff review in a few days and commence construction this fall. Mr. Carlson stated he is very familiar with the large building on the property. His grandparents used to go there. Unfortunately, it has been added to many times over the years, and it would be difficult or impossible to move relocate the building. The white building is not salvageable and they have demolition set up. Chair BUCKNAM closed the Public Hearing It was moved by Commissioner DORSEY to recommend approval of Case No. WZ-15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1), and Agricultural -One (A-1) to Industrial - Employment (I -E) for property located at 4901 Marshall 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 consolidate zoning on the property, prepare it for redevelopment, and may serve as a catalyst for other property redevelopment or improvement in the area. 4. The criteria used to evaluate a zone change support the request. Commissioner KIMSEY seconded the amendment. Motion approved 5-0 Planning Commission Minutes -3— August 3— August 6, 2015 B. Case No. ZOA-15-03: City Attorney Dahl addressed the Commission and explained he has made some revisions to the proposed ordinance and some things were not changed at City Council's request. Council has approved this ordinance on first reading and will review it on second reading at the August 24a' meeting and public hearing. This type of ordinance has been enacted in several other communities in this area, among them Lone Tree, Littleton, Arvada, and Lakewood. The proposed ordinance is substantially similar to the Lakewood ordinance. The ordinance applies to condos, co-ops, and owner -occupied multifamily construction commenced after the effective date of the ordinance. It would not apply to tenants in rental units. The definition of "builder" in the ordinance is deliberately broad as it applies to architects and designers as well as the actual builder. City Council can decide to change the definition and confine it to builders. However, bad design can cause just as many defects and safety hazards as builde01e rors. Commissioner DORSEY asked if limiting the definition of "defect" to safety hazards makes the City more vulnerable to liability claims. He is concerned about recent news stories about balcony and deck collapses and doesn't want Wheat Ridge to be held liable for poor construction or design. Mr. Dahl said the City would not be vulnerable to more liability. Case law supports that builders and designers have to follow building code. It's not the City's fault if the code isn't followed. There was a recent trend for tort cases against cities for things like this, but case law doesn't support them. Commissioner KIMSEY stated she was struggling with the requirement in the ordinance for members of a Homeowners' Association to obtain the consent of the majority of homeowners in the association before proceeding. What if only a few homeowners have defects — how do you get the rest to participate ? Will the covenants in new construction contain this 50% requirement? Mr. Dahl explained that this was an issue with this type of ordinance. It sets a very high standard that could be a difficult hurdle to cross. This hurdle is somewhat intentional. Many covenants are stricter, however and often require a 2/3 vote of the HOA members to amend. The ordinance requires a plat note on any plans for new multi -family construction to alert people buying units about the 50% requirement. The ordinance goes even further and, on the last page, it states the developer is required to provide a disclosure statement to buyers regarding this requirement. Commissioner KIMSEY stated she still doesn't like the 50% requirement. Can an individual owner still bring suit? Planning Commission Minutes -4— August 4— August 6, 2015 Mr. Dahl said individual owners can sue their builder or developer unless the covenants restrict this. Commissioner OHM stated he had compared new doc to original and found a few changes. What is the statute referenced on page 3? Mr. Dahl replied this was the `covenant statute," C.R.S. § 38-33.3-103(12). Basically, the developer, as the original purchaser of the property can place original covenants on property. These covenants can be difficult for homeowners to change later on. Commissioner OHM stated he has issues with some of the warranty provisions on page 6 of the ordinance. Attorneys that work for insurance companies prevent him as designer to warranty work and this causes conflict. He feels it would have been helpful if referrals had been sent out to design, engineer, and architectural organizations to get their feedback on the proposed ordinance. He stated he also found 4 spelling errors in the ordinance. Mr. Dahl asked Commissioner Ohm to send him an email regarding the typos. Also, he stated that Section 26-1307 of the ordinance exempts architects and designers from further warranty requirements if the law does not permit them to provide an additional warranty on repairs. Commissioner BUCKNAM pointed out that some professional organizations forbid warrantying repair work, etc. It is not necessarily the statute that restricts the warranty. Commissioner KIMSEY asked when the 2 year warranty on repairs starts. Mr. Dahl stated the 2 year warranty would start from completion of repair work. Commissioner KIMSEY asked if Mr. Dahl could spell this out in the ordinance more clearly. Commissioner OHM stated professional designers cannot perform repairs — only a builder can perform repairs. He has trouble with the "builder" definition encompassing designers and architects as well. Mr. Dahl stated that it is worthwhile to speak to repairs and the work alleged to be defective. If there is a design problem — part of the repair could be additional design. The designer should have the opportunity to correct failures as well as builders. This can protect them as well and allow them to fix problem before being sued. Perhaps some more clarification on this point is warranted. Commissioner BUCKNAM pointed out that the word "repairs" could mean remedies or revisions as well. The intent is not to keep architects and designers from being held liable. The definition of "repair" should be clarified. Planning Commission Minutes - 5— August 6, 2015 Mr. Dahl explained the intent of the ordinance is not to force designers and builders to perform more work. It just allows them to remedy problems before a lawsuit is brought against them. They have the option to decline to fix the problem and the homeowner can go ahead and bring suit. This is what happens now and builders and designers have no opportunity to fix any problems. Chair BUCKNAM opened the Public Hearing. No one came forward to speak Chair BUCKNAM closed the Public Hearing. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to recommend approval of Case No. ZOA-15-03, an ordinance adding Article XIII to Chapter 26 of the Wheat Ridge Code of Laws, concerning repair of construction defects, with the following condition: 1. The section on warranty repairs to be reworded so as not to apply to architects or designers. Motion was approved; Carried 5-0 8. OTHER ITEMS A. `Back to School" 2015 Planning Refresher Workshop on August 22. Ms. Reckert reminded the Commissioners of the planning commission workshop in August. Both Commissioners Dorsey and Kimsey indicated they would be attending. B. Community Development Staff Ms. Reckert indicated the Community Development Department is still in the process of trying to hire an Administrative Assistant, a Chief Building Official and Planning Technician. She thanked, Kelly Stevens, Deputy City Clerk for filling in while they search for the right person to fill the Administrative Assistant position. 9. ADJOURNMENT It was moved by Commissioner OHM and seconded by Commissioner DORSEY to adjourn the meeting at 8:09 p.m. Motion carried 5-0. Alan Bucknam, Chair Kelly Stevens, Deputy City Clerk Planning Commission Minutes August 6, 2015 6— City of Wheat,Rj ge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: L. Ritchie September 17, 2015 WZ-15-06/Buck Approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) LOCATION OF REQUEST: 10191 W. 38a Avenue PROPERTY OWNER: Michael Buck APPROXIMATE AREA: 0.47 acres PRESENT ZONING: Residential -One (R-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP I. REQUEST This application is for approval of a zone change from Residential -One to Mixed Use - Neighborhood for property located at 10191 W. 38'' Avenue. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the City's Mixed Use zoning code. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses in response to redevelopment occurring around the site. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located in the western portion of the city at at 10191 W. 38th Avenue. Per the Jefferson County Assessor, the property is 20,299 square feet (0.47 acres) in size. The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately the 5 feet of the northwestern most corner encumbered by the 100 -year floodplain and floodway. The floodplain does not impact the development opportunity on the property One driveway of roughly 20 feet in width is used for access off of W. 38th Avenue. The residence is currently occupied as a rental. (Exhibit 2, Zoning Map; Exhibit 3, Aerial Photo; Exhibit 4, Improvement Location Certificate; Exhibit 5, Site Photos) The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38th Avenue consists of residential zones to the west and north and east. A single property immediately east of the subject property is zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38th Avenue at the intersection with Kipling Street, and west along the south side W. 38th Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development. (Exhibit 2, Zoning Map) III. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood serving commercial and retail uses. The property is currently zoned Residential -One (R-1). The zone district was established to provide high quality, safe, quiet and stable low density residential neighborhoods. The applicant has no specific development plan at this time, and the property is currently listed for sale. The following table compares the existing and proposed zoning for the property: Planning Commission WZ-15-06Buck Development R-1 zoning MU -N zoning Standard Single family Allows new residential, commercial Uses residential or mixed uses — includes multi- family and live/work facilities. High quality architecture required; Architectural N/A standards related to articulation, Standards variation, materials, transparency. 35' if the building has residential Max. Building Height 35' use, 50' for all other uses. 90% for mixed use, Max. Lot coverage 25% 85% for single use. Min. Landscaping N/A 10% for mixed use, 15% for single use. Build -to / Setbacks Front 30' 0 — 12' build -to area Rear setback 15' 5' Side setback, east 15' 0' Side setback, west 15' 1-2 story — 10' 3 story — 15' Given the proximity of the single-family home on the west side, it should be noted that the MU - N zone district includes standards which offset the potential impacts of new commercial development, taller buildings, and includes parking lot screening, landscape buffers and building step backs. If the rezoning is approved, the applicants would then submit for administrative site plan review. The design for the property would be held to the standards set forth in the zoning code. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While rezoning would allow uses beyond single-family residential, any new development will require site plan review through which traffic impacts, drainage and buffering will be analyzed. The MU -N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility Planning Commission WZ-15-06Buck between future development and existing land uses. The rezoning could provide a revenue source for the City through the collection of sales tax. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Although no specific buildings or redevelopment is proposed at this time, all responding agencies have indicated they can serve the property. Prior to any redevelopment, a site plan review application will be required. This application will include a referral to all impacted utility agencies. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. If the property redevelops, they would have to conform to the landscaped coverage and streetscape provisions required by the City. 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. - G e �J liecration F oiUS 38TH AVE �[ —' 'i - -d 32ND AVE Planning Commission WZ-15-06Buck Kipling Excerptfrom Envision Wheat �orridor Ridge Structure Plan T T` L -J�- F u E Community Commercial Center Property location Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as Neighborhood. It is also within the Community Commercial Center designation. Neighborhood is a designation intended to identify a foundational element of the Comprehensive Plan, with the goal of providing places for people to own homes and thrive and where residents of all ages can live safely and comfortably. A Community Commercial Center is an area of focus for the City, with the goal of ensuring that these areas remain economically strong and serve community needs related to the City's fiscal health and social well-being. Goals met with the proposal include the possible redevelopment of a property with a new commercial use in an area currently undergoing new commercial and residential development at Kipling Ridge or potential investment in the area through the provision of new or upgraded housing stock. 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 R-1 zoning designation as it appears on the City 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. With the development at Kipling Ridge, which includes Sprouts, Starbucks and Morningstar Senior Living, the area is undergoing change and redevelopment. This rezoning application provides further opportunity for new development and is in response to the change in the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Planning Commission WZ-15-06Buck Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on July 28, 2015. Six neighbors attended and the proposed zone change was discussed. (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: No comments at this time. Wheat Ridge Fire Protection District: No comments at this time. Consolidated Mutual Water: No concerns with the zone change. Will assess service at the time of a change of use. Wheat Ridge Public Works: No comments at this time. Westridge Sanitation District: No concerns with the zone change. Will assess service at the time of a site plan application. Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change responds to redevelopment in the area and provides the opportunity for additional redevelopment within a Community Commercial Center. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-06. VIII. SUGGESTED MOTIONS Option A: Planning Commission WZ-15-06Buck "I move to recommend APPROVAL of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38th Avenue, 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." Option B: "I move to recommend DENIAL of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38th Avenue, for the following reasons: 1. 2. ... Planning Commission WZ-15-06Buck Exhibit 1— Applicant letter 381h Zoning Changes The purpose and intention of changing the current zoning of the property at 10191 W. 38r' Avenue is to fully utilize the use of the land in accordance with the current changes in the community. The parcel is located adjacent to the new development at the intersection of 38'h Avenue and Kipling Street. This alters and influences the use of the parcel for more diverse and possible commercial uses. The new zoning change to MU -N will benefit the surrounding area with expanded opportunities for growth and development in an underused area. There is easy access and there will be no significant impact to traffic in the area. The parcel already includes access to all major utilities. There will be no additional effects to the community as all public utilities and services are already being used in the area. Any future development of the parcel would be in accordance with existing community policies. The initial community meeting addressing the request for zoning change was held and there were no conflicting interests discovered. Planning commission WZ-15-06Buck Exhibit 2 — Zoning Map Planning Commission WZ-15-06Buck Exhibit 3 — Aerial Photo Planning Commission 10 WZ-15-06Buck Exhibit 4 — Improvement Location Certificate N E9TSn?F ret. COLUMBINE SURVEYING, INC. TOya Sxth Amx Wry URIC—, CO 00138 NO TN ]0}9724 W tax 30 9724 1 www.colum4lnxurvaying.wm IMPROVEMENT LOCATION CERTIFICATE 9..I. T ronhmEh llul P4 Mcrownm CHICAQO MybnanuakwICAWb. • TITLE __ wxvnvo.wr.w.unarm:..ireawwown�n..m.m�ia:w.aure vmw un �atimW MxApvrawam M1.mampay. �M W m�maaa. a.wuN.nui n. avaw. wma'x.cnra ,Mwx�naeuf.na Ya�M1e.aMY�WN�ewaM1W+rnOvay.n.xrparabw3 aumewnsne wYvoMyaMMru�Xaaapv �mRgMaluYyul.mq..py, WYx.Ob4 M:smiam.slrH WlsPO M]R bM x: wwmrrmv ami xn M1a M1n �YNnanuxxnwltl waenm.veuuw m�msasalw.mara:mtiaaawrb+enraa. �� �. N Buy. : Mic Hael0.z'k18:SL!yl3 Atltlnas: 10191 WEST 38TH AVENUE vlplazai OSu eyor �i> i { T.H. co; ore.. assn Planning Commission 11 WZ-15-06Buck Exhibit 5 — Site Photos Planning Commission 12 WZ-15-06Buck Planning Commission 13 WZ-15-06Buck Exhibit 6 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: July 28, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 10191 W. 38th Avenue Michael Buck Yes, represented by wife, Maureen Buck, and son, Austin Buck Michael and Maureen Buck mbucktenAvahoo.com Residential -One (R-1) Neighborhood Existing Site Conditions: The property is located along W. 38th Avenue at Lee Street, just west of Kipling Street. The parcel is addressed as 10191 W. 38th Avenue, and is identified as PIN 39-214-00-050. The property is currently zoned Residential -One (R-1). The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38th Avenue consists of residential zones to the west and north and east. A single property immediately to the subject property's east is a property zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38th Avenue at the intersection with Kipling Street, and west along the south side W. 38th Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development. Planning Commission 15 WZ-15-06Buck Based on Jefferson County records, the subject property is 20,299 square feet (0.47 acres). The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately the 5 feet of the northwestern most corner encumbered by the 100 -yr floodplain and floodway. One driveway of roughly 20 feet in width is used for access off of W. 38a' Avenue. The residence is currently occupied as a rental. Applicant/Owner Preliminary Proposal: The applicant is proposing a zone change to Mixed Use -Neighborhood (MU -N) to provide flexibility in marketing the site and to complement other commercial and multi -family projects currently being developed in the area. No end use or specific project is envisioned at this time. Attendance from the neighborhood: Six people from the neighborhood were in attendance. The following is a summary of the neighborhood meeting: • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change. • The attendees were informed of the process for a zone change. • The attendees were informed of his opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: What is the difference between the R-1 zoning and Mixed -Use Neighborhood? • The R-1 zone district allows only single family residences with permitted accessory uses such as in-home businesses and the keeping of household pets. The MU -N zoning would allow residential uses (single family, townhouses, apartments) in addition to a variety of commercial uses. Does the applicant need to know more specifically what the future use is before applying for a zone change to mixed use? • No, an applicant may request a rezoning to any mixed use zone district without providing development plans. The mixed use code was designed with strict standards in terms of design.. Any development would have to be consistent with mixed use standards if and when the property redevelops. What is the maximum height for buildings in the MU-Nzone district? • A structure which has residential uses would be limited to 35' in height. All other buildings have a 50' height maximum. Are marijuana facilities allowed in MU -N? • No. Planning Commission 16 WZ-15-06Buck Discussion occurred regarding the property to the west which is also zoned R-1 and has a nonconforming duplex on it. The parcel is addressed as 10221 W. 38th Avenue. The property owner was present and indicated that it is for sale and that he was also potentially interested in a zone change. No written correspondence was received regarding the neighborhood meeting notice. Planning Commission 17 WZ-15-06Buck RENEWAL If WHEAT RIDGE Progress Through Partnership TO: Planning Commission FROM: Steve Art, Urban Renewal Manager RE: Review and adoption of Resolution No. 02- 2015 relating to the Fourth Amendment to the Wheat Ridge Town Center Project Urban Renewal Plan DATE: September 17, 2015 ITEM: Review of the fourth amendment to the Wheat Ridge Town Center Project Urban Renewal Plan and adoption of a resolution stating the Fourth Amendment's general adherence to the City's Comprehensive Plan, Envision Wheat Ridge, as it relates to the development of a site at the northwest corner of 38a' Avenue and Upham Street. PRIOR ACTION: The Wheat Ridge Town Center Project Urban Renewal Plan was adopted by City Council on December 14, 1981 by Resolution 756-1981. Three subsequent amendments were approved: • October 12, 1987 • September 14, 1992 • November 24, 1997 BACKGROUND: The Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (RWR) is considering providing Tax Increment Financing (TIF) to Wazee Partners, LLC (Wazee). Wazee is the developer of a proposed mixed-use project at the northwest corner of 38a' Avenue and Upham Street. The site includes several parcels totaling 3.67 acres and including a vacant structure along Upham and the Vectra Bank building to the west. Wazee desires to demolish all the structures on the property and proposes to construct a new mixed-use project containing retail space along 38a' Avenue, a market -rate apartment complex above the retail, a freestanding bank building, and a public parking structure. Wazee estimates they will invest approximately $36.5 million into this project which has the potential to create over 50 new permanent jobs, and over 130 new construction jobs in Wheat Ridge. Because this is the implementation of TIF in the plan area, legal counsel has determined the enactment of TIF is considered a substantial modification of the Wheat Ridge Town Center Project Urban Renewal Plan. 7500 West 29"' Avenue Wheat Ridge, CO 80033 Phone: 303.235.2505 Fax: 303.235.2505 w .ci.wheatridge.co.us West End 38 Wazee Partners This Fourth Amendment requires that the Planning Commission review the proposal to assure it generally conforms to the City's Comprehensive Plan, Envision Wheat Ridge. Colorado Urban Renewal Law C.R.S. § 31-25-107(2) states that the Planning Commission shall submit its written recommendations with respect to the proposed urban renewal plan to the governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the Planning Commission or, if no recommendations are received within said thirty days, without such recommendations, the governing body may proceed with the hearing on the proposed urban renewal plan. THE PROJECT: The proposed project is located on approximately 3.67 acres at the northwest corner of 38a' Avenue and Upham Street. The project will be among the first integrated mixed use projects in the City of Wheat Ridge. It consists of street -oriented retail and residential uses, with structured and surface parking located internally on the site. The apartments would be the first market -rate rental apartments built in the City since the mid-1980s. Along 38th Avenue, the project will feature ground floor retail with two levels of residences above for a total of three stories. Further west will be a free standing bank Behind both buildings will be a parking courtyard and a four story residential building. The project will consist of approximately 150 residences and approximately 13,800 square feet of neighborhood retail space. A parking garage will provide an estimated 138 parking spaces and there will be another 88 uncovered surface parking spaces. Attachment 3 provides conceptual site plans and renderings of the proposed project. THE DEVELOPER: The developer of the project at West 38a' Avenue and Upham Street is Wazee Partners, LLC. Wazee is the developer of Town Center North (TCN) located at W. 44a' Avenue and Vance Street, and they are the current owner of all three lots in the subdivision. Within TCN, Wazee has completed one 88 -unit apartment complex, is in the construction phase of another 50 -unit complex, and recently purchased a parcel from RWR for a future project. Wazee has demonstrated a commitment to Wheat Ridge through its completed first phase of the Town Center North Apartments on Lot 2 of TCN. This 88 -unit, age restricted, income restricted, tax credit project had a waiting list of over 600 when it opened in October of 2012. Because of the success of those units, Wazee purchase Lot 1 from RWR for the construction of 50 similar apartments. This project is currently under construction and expected to be completed in early 2016. As part of the purchase of Lot 1, Wazee agreed to purchase Lot 3, the final lot in the subdivision for future development. To date, that project has not been identified. Based on their success in Wheat Ridge and their admiration of the planning the City is doing along 38a' Avenue, Wazee made an investment into property along the corridor at Upham Street. They began investigating the site at 38th and Upham several years ago, and in January 2015 closed on half of the site. West End 38 Wazee Partners Throughout its four year relationship with RWR, Wazee and its principles, Tyler and Chris Downs, have dedicated themselves to working cooperatively with RWR and with the City to provide projects that exceed the expectations of RWR and the community. CONFORMANCE TO COMPREHENSIVE PLAN: The Comprehensive Plan Envision Wheat Ridge was adopted in October 2009 and calls for many elements that this project will bring to the site, some of which are detailed below. The Planning Commission is asked to review this memo and make a determination that this project complies to the Comprehensive Plan. Staff has completed a review of the Comprehensive Plan, and provided below are verbatim excerpts from Envision Wheat Ridge that relate to the proposed project. In general, the project appears to be consistent with many of the values, goals, and strategies stated in the Comprehensive Plan. The project builds on previous planning efforts and is consistent with the vision outlined in several of the City's adopted plans. The project provides a mix of land uses, new housing options, and a high quality design. The subject site along W. 38a' Avenue is identified in the Structure Plan as a neighborhood revitalization zone, neighborhood buffer, mixed-use area, and main street area all of which would benefit from reinvestment and a mixed use development. The proposal supports City goals related to land use, economy, housing, community design, transportation, and sustainability. Lastly, the project directly fulfills the plan's action items that call for the City to entertain public private partnerships to achieve land assemblage and redevelopment. Comprehensive Plan Excerpts: Chapter 1: Introduction Building on Previous Planning Efforts • Commit to quality development and redevelopment (from the 2000 Comprehensive Plan) • Preserve and enhance Wheat Ridge's Neighborhoods (2000 Comprehensive Plan); • Focus on increasing housing options to attract a range of household types (Neighborhood Revitalization Strategy) • Prioritize the redevelopment of key commercial areas (Neighborhood Revitalization Strategy) • Enhance community character and gateways (Neighborhood Revitalization Strategy) • Develop a Town Center (Wadsworth Subarea Plan) • Relationship between land use and economics, including the market realities of redevelopment (see Chapter 4) Chapter 2: Community Vision and Values Key Values • Create a Resilient Local Economy Based on a Balanced Mix of Land Uses • Promote Vibrant Neighborhoods and an Array of Housing Options West End 38 Wazee Partners • Enhance Community Character and Accentuate Quality Design • Increase Transportation Connections and Options • Ensure a Sustainable Future Chapter 3: Structure Plan 2. Foundations Neighborhood Revitalization: Some residential areas have individual properties or general pockets that might benefit from reinvestment. These properties and areas often require special attention because they have issues related to dilapidated properties, code enforcement, crime and safety, lower rates of owner occupancy, and/or incompatible mix of uses. In order to revitalize these areas and improve neighborhood stability, the City will continue to work with residents on an individual basis to address property maintenance and safety concerns. Broader efforts to promote home ownership and spur reinvestment through infrastructure improvements and/or limited small-scale residential redevelopment will be encouraged in areas that exhibit several of the following characteristics of neighborhoods in need of revitalization. Neighborhood Buffer (Along 38a' Avenue): Neighborhood Buffer Areas are generally located at the "edges" of neighborhoods, and generally function as buffers between low intensity residential areas and higher intensity commercial corridors and uses. Because of their close proximity to the city's primary commercial corridors, potential for assemblage, and underutilized nature of many of these properties, these areas will continue to transition from a mix of residential (both single and multi -family) and small-scale commercial uses traditional to areas with higher intensity residential, office, and commercial uses. Over time, the City aims to improve the appearance, mix of uses, property values, and overall vitality of these areas. Most Neighborhood Buffer Areas correspond with designated Urban Renewal areas, and will develop in accordance with adopted Urban Renewal plans as applicable. Mixed -Use Commercial Area: The plan designates existing commercial areas mixed with office and employment as mixed-use commercial areas. Focus in these areas is on long-term infill and redevelopment, reinvestment, and high quality urban design and landscaping for vacant or underutilized properties, with "centers" being the primary emphasis. 3. Corridors and Gateways Main Street Corridor: Along 38th, nodes of locally owned commercial businesses and employers will be showcased in a transit and pedestrian -friendly "main street" environment that emphasizes Wheat Ridge's historic and hometown character. Small-scale mixed-use infill and redevelopment activities will be focused primarily between Wadsworth and Pierce, with additional nodes of development extending along 38th Avenue to Sheridan over time. Main Street streetscape and other urban design improvements have been completed on 38th Avenue between Sheridan and Harlan. These improvements will be extended through the Main Street corridor to provide a walkable and distinct gateway to Wheat Ridge's historic commercial area between Wadsworth Boulevard and Pierce Street. "Portals" will be the main West End 38 Wazee Partners location for pedestrian and bicycle improvements (such as crosswalks and striping, generally every half to one -mile, corresponding with transit stop enhancements as shown on the Transportation Structure Plan in Chapter 7) to increase safe and inviting connections from neighborhoods to and across the corridor. Chapter 4: Economy and Land Use Goal ELUI: Make Wheat Ridge a "community of choice" in which to live, work, shop, and recreate. Goal ELU2: Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge. Goal ELU3: Retain and diversify local employment. Goal ELU4: Increase the diversity of land uses. Goal ELUS: Revitalize key redevelopment areas. Goal ELU6: Establish community activity centers and a Town Center. Chapter 5: Neighborhoods and Housing Goal NHI: Maintain and enhance the quality and character of Wheat Ridge's established neighborhoods. Goal NH2: Increase Housing Options Goal NH3: Increase investment and stability in Neighborhood Revitalization Areas. Goal NH4: Stimulate Investment and Redevelopment in Neighborhood Buffer Areas. Chapter 6: Community Character and Design Goal CCI: Create recognizable gateways and Corridors. Goal CC2: The City of Wheat Ridge will lead the community in quality design. Goal CC3: Ensure quality design for development and redevelopment. Chapter 7: Transportation Goal T 4: Improve coordination between transportation improvements and future land use decisions. Chapter 9: Sustainable Future Goal SF I: Establish and maintain a resilient and sustainable tax base. Goal SF 4: Create a healthy and active community. Chapter 10: Plan Implementation Pri ori ty Acti ons • Retain and attract retail (revenue -generating activity) • Address zoning and design standards for targeted areas West End 38 Wazee Partners • Increase primary job opportunities • Stimulate revitalization in Neighborhood Buffer Areas Detailed Strategies —Economic Development and Redevelopment— 38h Avenue `Main Street" Action Items: Short -Term • Prepare a 38th Avenue Subarea Plan. • Public private partnership with the merchants and owners along 38th Avenue to start making the area attractive for private investment (i.e., local marketing district, merchants association or special events committee). • Identify interim uses that would be acceptable to the merchants and the community. • Work with broker to identify appropriate location(s) for neighborhood -oriented restaurant anchor(s) to help attract local residents to the area. 5 Years • Develop a Streetscape Plan. • Attract / work with a private developer to identify potential assemblages and redevelopment potentials. • Business Improvement District to help fund public improvements and beautification efforts. RECOMMENDATIONS: Staff supports the project and recommends that the Planning Commission find it in conformance with the City's Comprehensive Plan, Envision Wheat Ridge, for the reasons listed above. Staff recommends adoption of the resolution found in Attachment 2. RECOMMENDED MOTION: "I move to adopt Resolution 02-2015, finding the Fourth Amendment to the Wheat Ridge Town Center Project Urban Renewal Plan for the northwest corner of 38a' Avenue and Upham Street is in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge." Or, "I move to deny Resolution 02-2015, finding the Fourth Amendment to the Wheat Ridge Town Center Project Urban Renewal Plan for the northwest corner of 38a' Avenue and Wadsworth Boulevard is not in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge, for the following reasons..." Attachments: 1. Fourth Amendment to the Wheat Ridge Town Center Project Urban Renewal Plan 2. Resolution No. 02-2015 3. Conceptual Renderings West End 38 Wazee Partners ATTACHMENT 1 FOURTH MODIFICATION TO THE WHEAT RIDGE TOWN CENTER PROJEC URBAN RENEWAL PLAN The Wheat Ridge Town Center Project Urban Renewal Plan was adopted by the Wheat Ridge City Council on December 14, 1981. The Plan was modified on October 12, 1987, amended on August 14, 1992 and amended again on November 24, 1997. The Authority recommended that the City Council give notice and hold the necessary public hearing to consider implementing Tax Increment Financing (TIF) relating to Property Tax and Sales Tax. The purpose of this modification to the Wheat Ridge Town Center Project Urban Renewal Plan is to make a Substantial Modification to the Wheat Ridge Town Center Project Urban Renewal Plan to allow the use of TIF relating to Property Tax and Sales Tax for the property as described in Attachment A. All other provisions of the Wheat Ridge Town Center Project Urban Renewal Plan are to remain in effect as the Plan was adopted by City Council Resolution 756-1981 on December 14, 1981. The proposed uses of this expanded area are for a mixed use project with a public component consistent with the plan. West End 38 Wazee Partners Attachment A ILLUSTRATION FOR ZONE IAT RMATED IN THE 88 W SEMM 33 t NB 14 3BI7rMN 76. Tal, ROW. CSP THE 61H P.SI. CITY OF WHEAT HID(HL COUNTY OF ]HPPIIRION, STATE OF COLORADO ,rhilgaillillirm sw..s a w ' 354.00- � � ESi 131.83' � w jt] S W g �a1Yi�p ZONE LOT Z PONT OF BEGINNING 197,537 SO. FT., SM'34'4B1Y OR 4.535 ACRES t 131.79 F mass !CI Jac G� VICINITY MAP r-1MILE 1' 4411 AW • >RRI AK � S ■ AK �n w.aR ws w. e.r GRAPHIC SCALE ( IN ae aasysr MT ) I 1..% . H!o s 1165 LLUSIII TM OGB WT �T A 116NIIIOIlEB SMAY. West End 38 Wazee Partners LEGAL DESCRIPTION FOR ZONE LOT A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 23 FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 23 BEARS N 89038'24" E A DISTANCE OF 2633.65 FEET WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N 75046'40" E A DISTANCE OF 542.64 FEET TO THE POINT OF BEGINNING; THENCE N 00010'12" W, ALONG THE WEST LINE OF A PARCEL OF LAND AS DESCRIBED IN DEED RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER F005061 1A DISTANCE OF 200.55 FEET; THENCE N 89038'12" E, ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 131.83 FEET TO THE SOUTHWEST CORNER OF LOT 1, E.S. ALLEN SUBDIVISION AS RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER 2010000090; THENCE N 00012'07" W, ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 119.99 FEET; THENCE N 89038'48" E, ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 354.09 FEET TO THE EAST RIGHT OF WAY LINE OF UPHAM STREET AS PER EASEMENT DOCUMENT RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER 94113597; THENCE S 00013'03" E, ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 483.01 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 38TH AVENUE AS PER EASEMENT DOCUMENTS RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBERS 90086570, 90086575, 90086572 AND 90086573; THENCE S 89038'24" W, ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 354.42 FEET; THENCE N 00011'13" W, A DISTANCE OF 162.65 FEET TO THE SOUTH LINE OF A PARCEL OF LAND AS DESCRIBED IN DEED RECORDED IN JEFFERSON COUNTY RECORDERS OFFICE UNDER RECEPTION NUMBER F005061 1A; THENCE S 89034'48" W, ALONG SAID SOUTH LINE A DISTANCE OF 131.79 FEET TO THE POINT OF BEGINNING. CONTAINING: 197,537 SQUARE FEET OR 4.535 ACRES OF LAND, MORE OR LESS. West End 38 Wazee Partners ATTACHMENT 2 WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 02 Series of 2015 TITLE: A RESOLUTION FINDING A FOURTH AMENDMENT TO THE WHEAT RIDGE TOWN CENTER PROJECT URBAN RENEWAL PLAN FOR A REDEVELOPMENT PROJECT AT THE NORTHWEST CORNER OF 38TH AVENUE AND UPHAM STREET IS IN CONFORMANCE WITH THE WHEAT RIDGE COMPREHENSIVE PLAN. WHEREAS, the Wheat Ridge Urban Renewal Authority is authorized under C.R.S. 31- 25-105 (1)(i) of the Urban Renewal Lawto prepare a plan for redevelopment for certain areas of the City of Wheat Ridge, Colorado; and WHEREAS, the Wheat Ridge City Council, upon recommendation of the Wheat Ridge Urban Renewal Authority, did in October 1 , 1981 make a finding of the presence of blight in the area included in the Wheat Ridge Town Center Project Urban Renewal Plan via Ordinance 467-1981: and WHEREAS, the Wheat Ridge Urban Renewal Authority will conduct a public meeting for the purpose of receiving comment on the site plan; and WHEREAS, under C.R.S. 31-25-107(2), the redevelopment plan is to be forwarded to the Planning Commission to determine its conformity with the comprehensive plan for the City. NOW THEREFORE BE IT RESOLVED by the Wheat Ridge Planning Commission as follows: Section 1. The proposed Fourth Amendment to the Wheat Ridge Town Center Project Urban Renewal Plan is in conformance with the Wheat Ridge Comprehensive Plan. Section 2. This Resolution No. 02-2015 shall be transmitted to the Wheat Ridge City Council pursuant to the requirements of C.R.S. 31-25-107(2). DONE AND RESOLVED THIS 17`h day of September 2015. WHEAT RIDGE PLANNING COMMISSION an ATTEST: Secretary to the Commission Chairman West End 38 Wazee Partners ATTACHMENT [The conceptual renderings and site plan on the following pages have been provided by Wazee Partners] WestEnd 38 w Ar-0�m? IN= sL Fj Z� alb ��rl'�wte.� J ==a ill -56 9 15 30 60 90 sm214099 STREET LEVEL West n • � � err � � � �� r lu to r KEPHART wmmunhy• planning •amhitedure COPYRIGHT® 2014 i L-, C6 *r"" _ lb 214099 UPPER LEVELS 2 KEPHART community. Nanning. architecture COPYRIGHT © 207 4 r �Tj J"r � i L-, C6 *r"" _ lb 214099 UPPER LEVELS 2 KEPHART community. Nanning. architecture COPYRIGHT © 207 4 J"r � i L-, C6 *r"" _ lb 214099 UPPER LEVELS 2 KEPHART community. Nanning. architecture COPYRIGHT © 207 4