HomeMy WebLinkAbout12/03/15City of
Wheat �idge
PLANNING COMMISSION
Minutes of Meeting
December 3, 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 291h Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present: Alan Bucknam
Emery Dorsey
Donna Kimsey
Scott Ohm
Dirk Boden
Steve Timms
Amanda Weaver
Commission Members Absent:
Staff Members Present: Meredith Reckert, Senior Planner
Lisa Ritchie, Planner II
Mark Westberg, Public Works Project Supervisor
Tamara Odean, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner TIMMS and seconded by Commissioner OHM to
approve the order of the agenda.
Motion carried 7-0
5. APPROVAL OF MINUTES — November 19, 2015
It was moved by Commissioner OHM and seconded by Commissioner KIMSEY to
approve the minutes of November 19, 2015, as written.
Planning Commission Minutes
December 3, 2015
Motion carried 7-0
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 Nos. WZ-15-02 & WA -15-09:
Ms. Reckert gave a short presentation regarding the zone change, variance 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; therefore the Planning
Commission has jurisdiction to hear these cases.
The applicant is requesting approval of a Specific Development Plan (SDP) for a
Starbucks Cafe with a drive-thru, with variances to the build -to line for the property
located at 3210 Youngfield Street & 12755 W. 32"d Avenue.
Ms. Reckert explained that a variance can be considered concurrently with a zone
change, but there needs to be a separate motion. The site for the Starbucks Cafe drive-
thru is located in Applewood Village Shopping Center. It consists of two parcels and
is currently vacant but use to be a fueling station and a retail strip building. In 2012
the City completed a Capital improvement project (CIP) to 32"d & Youngfield which
included installation of new curbs and gutters and an 8 foot wide pedestrian path and
pedestrian lights. All access into the property was eliminated with the 32"d/Youngfield
street project. Ms. Reckert stated that recently another SDP was approved for a King
Soopers Fueling Station also in the same shopping center. Along with the construction
of the fueling station there will be a traffic signal installed on 32nd at the major interior
drive adjacent to the fueling station.
The site plan shows the layout of the site, including a 2500 sq. ft. cafe with an attached
covered patio on the west side of the building. The main access point to the site will
be via an internal drive from 32nd Avenue which is also the loading access to
Applejack liquor store (Applejack alley). Once entering this access point there are
three options: the first option is continuing north into the Chili's rear parking area, the
second is to go to the drive-thru on the north side of the proposed building, and the
third option is to park on the south side of the proposed building to go inside. The
access point from 32nd Avenue will be a right-in/right-out. An additional access point
will align with the drive-thru exit on Youngfield for out -bound right -turns only.
The applicant is desirous of having the drive aisle on the western side of the building
accommodate two —way traffic. Staff does not support this design for a variety of
reasons; primarily due to potential conflicting traffic movements both on-site and on
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Youngfield. If the western drive is limited to one way south, this issue would be
minimized. Included with the application are requests for variance to the 0' to 20'
build -to requirement from adjacent streets. These requests are for the build -to lines on
both 32"d Avenue and Youngfield Street. The variance on the 32"d side would result in
a 65 foot setback. The variance on the Youngfield side is a 34 foot setback to allow
for two-way traffic on the west side of the building proposed by the applicant. Other
than the two setbacks not being met, all the other standards are compliant with the
approved Outline Development Plan (ODP). If the variances are not approved than the
SDP must be redesigned.
Commissioner OHM asked how you would exit the site to go east on 32nd
Both Ms. Reckert and Mr. Westberg said that the best way to exit and go east on 32nd
is to drive through the shopping center.
Commissioner OHM opined about the variance criteria; he felt the outdoor canopy
would be best situated on the east side of the building instead of the west. He also felt
the two-way on Applejack Alley would not allow for enough stacking space and is not
a good circulation plan. He also questioned why there was no sight triangle at 32nd
turning north onto Youngfield.
Ms. Reckert stated that because it is a signalized intersection, there is less of a concern
for the sight triangle. Mr. Westberg added that a sight triangle is not needed because
the lane being turned into to go north on Youngfield is a merge lane.
Commissioner TIMMS had a question about the variance on the Youngfield side that
staff does not support. He wondered what staff would propose if not a two-way drive
aisle.
Ms. Reckert stated that staff would support a one way aisle south.
Commissioner TIMMS asked if the variance is denied, would the applicant adjust the
building accordingly or would there be a complete reconfiguration.
Ms. Reckert stated the applicant could better answer that question.
Commissioner Kimsey had questions regarding pedestrian access. She clarified that
the only pedestrian access is from 32"d Avenue and indicated that she also preferred the
outdoor canopy on the east side of the building instead of the west.
Ms. Reckert said that a majority of the pedestrians will probably come from 32"d as
opposed to Youngfield, but some will also enter from the shopping center.
Commissioner DORSEY gave his opinion regarding the two-way lane on the west side
of the building. He feels it is complicated and likes the way the Starbucks at 38'h Ave.
and Kipling St. is designed because the access is from an interior entrance inside the
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shopping center. Commissioner DORSEY indicated that he would like to see the
subject building moved to the south side of the property with the drive-thru relocated
to the south side of the building. He also questioned when the new traffic light would
be installed.
Mr. Westberg stated the new traffic signal will take about 3-4 months for design and
purchase of the poles. The traffic signal will not affect the Starbucks project. It is
anticipated that the signal will be complete by the time the fueling station receives a
Certificate of Occupancy.
Commissioner WEAVER shared the same concerns as the other commissioners
regarding the two-way drive adjacent to Youngfield St.; she is also concerned about
bike and pedestrian access.
Ms. Reckert stated that this property is different than the one at 38`h Ave. and Kipling
as it is an infill lot. The developer has been conducting master planning exercises to
look at internal access and how pedestrian and internal conflicts can be avoided.
Commissioner BODEN asked about the variance on the 32"d Ave. side of the property.
Ms. Reckert stated the proposed design would de -emphasis the drive-thru component
and that there is a requirement for 10 stacking spaces.
Commissioner BUCKNAM shared his concerns on the ODP referencing the ASDM
and the 0'-20' build -to line. He would like to see the structure brought closer to the
street. He also asked if there were any designs to eliminate the Youngfield exit
allowing more one way circulation.
Ms. Reckert stated that a multitude of different designs have been considered. Mr.
Westberg added that Public Works is always concerned with traffic and there have
been a lot of designs reviewed over the last year. The drive to and from Chili's is a
late addition and will give another option for exiting or entering the site. Mr. Westberg
also stated that once the vacant Wells Fargo to the east is demolished, than the ease of
entering and exiting the site will be alleviated due to access to the new traffic light by
the fueling station.
Commissioner BUCKNAM asked why the sidewalk was not built as separated from
the street anticipating there would be some sort of development on this site.
Mr. Westberg stated at the time of the environmental assessment there was no
emphasis on separated sidewalks.
Commissioner BUCKNAM also asked that with regards to the sight line looking east
on 32nd and the elevation change. Are there any concerns from a safety standpoint on
quickly approaching traffic heading westbound on 32nd
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Mr. Westberg said that the elevation drops off where the new signal will be installed so
there is no concern.
Commissioner DORSEY asked about the right -out onto 32nd Ave. and questioned if
cars will have sufficient room to get into the left lane to go west on I-70.
Mr. Westberg stated yes, but it may not be prudent and a much better idea would be to
go through the Chili's parking lot to one of the traffic lights.
Will Damrath, Regency Centers
8480 E Orchard Road, Greenwood Village, CO
Mr. Damrath is the owners' representative for the property where the site is located.
The property is very important to the shopping center, albeit a complicated site to work
with. It is very narrow which can complicate the develop ability. Another challenge
is to maintain the existing delivery location for Applejack Liquor who is the largest tax
generator in town.
Wayne Sterling, Sterling Design
7988 S. Bemis St. Littleton, CO
Mr. Sterling stated that Sterling Design has been working with Starbucks on many
different sites since 2006 and have been working on this site plan for over a year and a
half. There have been numerous design scenarios considered and their client is
comfortable with the most recent site plan with the exception of the variance for the
two-way.
Mr. Sterling continued to explain design features on the property including the 32"
screen wall. He indicated that Starbucks is adamant about separating drive-thru
customers from pedestrians. They are also required to have a 10 -car stacking lane.
Regarding two-way circulation on the west, cars on the west side going north will have
a stop sign so it doesn't seem to be a concern with the cars coming from the drive-thru.
Mr. Damrath answered a question regarding master planning efforts for the southern
portion of the shopping center which includes two additional developments. He
indicated that while circulation issues may not be ideal today, but will be in the future.
Discussion continued regarding parking and circulation on the site.
Commissioner DORSEY asked if this new Starbucks will replace the Starbucks in the
interior of the shopping center.
Mr. Damrath stated that this is project is considered a relocation so the interior
Starbucks will close.
Commissioner BUCKNAM stated 32nd Ave. is one of the busiest bike routes from
Golden to Denver and when discussing pedestrian connections what sort of bicycle
connections are proposed?
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Mr. Sterling stated bicyclists can enter with the vehicular traffic or from the sidewalk
connection and there will be bike racks available.
Commissioner BUCKNAM still had concerns with regards to the two-way and
wondered why the building can't be moved closer to 32°d Ave. as the Starbucks is on
38`x' and Kipling. The dead-end and turnaround seem to work there.
The applicants responded that the access is different at the two sites. Having the two-
way on the west side of the building will give another option to exit and hopefully ease
congestion at the alley. Mr. Damrath also stated that future plans with adjacent sites
will open up and help circulation.
Mike Haaf, Landscape Architect with Sterling Design
2009 W. Littleton Blvd., #300, Littleton, CO
Mr. Haaf stated that the access points and this site plan helps with the traffic
circulation on the southern portion of the shopping center.
Ms. Reckert reminded Planning Commission that they are the approving authority in
this situation and the applicant can appeal to City Council if the variances are not
passed.
Commissioner OHM asked if one variance does not pass, whether the SDP passes.
Ms. Reckert stated that Planning Commission can ask the applicant to redesign and
come back. The applicant can also work with staff to modify the design without the
variances or the applicant can appeal to City Council.
Commissioner OHM reiterated he is not in favor of the variance and has concerns over
the circulation and the placement of the patio. He states a good option would be to
move the building so the architecture can be seen and the circulation would be safer for
traffic to move into the shopping center or on to 32"d Avenue.
Commissioner Weaver asked what happens if the variance for the west side of
Youngfield is denied.
Commissioner BUCKNAM explained that the applicant would then have to build the
building closer to the property line and there would be no two-way access on the
western side.
It was moved by Commissioner TIMMS and seconded by Commissioner
WEAVER to APPROVE the 32"d Avenue Variance, a request for approval of a
variance to the 0' to 20' build -to line in the Contemporary Overlay District
adjacent to 32nd Avenue on property located at 12755 W. 32"d Avenue, for the
following reasons:
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1. The location of the drive-thru lane along the north side of the building will act
as a buffer de-emphasizing the auto use.
2. The criteria used to evaluate a variance have been met.
The motion was carried 7-0
It was moved by Commissioner OHM and seconded by Commissioner WEAVER
to DENY the Youngfield Street Variance, a request for approval of a variance to
the 0'to 20' build -to line in the Contemporary Overlay District adjacent to
Youngfield Street on property located at 12755 W. 32"' Avenue for the following
reasons:
1. Approval of the variance may endanger the public welfare by creating
conflicting turning movements both on the site and off.
2. It could serve as precedence for future requests for variances to the build -to
line along Youngfield and 32nd Avenue.
3. The evaluation criteria do not support the request.
And, that the specific development plan be modified to reflect the drive aisle on
the west side of the building as one-way south.
Motion carried 7-0.
It was moved by Commissioner WEAVER and seconded by Commissioner
BODEN to recommend APPROVAL of Case No. WZ-15-02, a request for
approval of a Specific Development Plan for property zoned PCD located at
12755 W. 32nd Avenue, for the following reasons:
1. The proposal is consistent with the City's guiding documents including the
Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I-
70/Kipling Urban Renewal Plan.
2. The proposed SDP is consistent with the approved ODP document.
3. All requirements for an SDP have been met.
4. The criteria used to evaluate an SDP have been met.
With the following condition:
1. Staff will provide guidance for the applicant to redesign the portion of the
development plan where the variance was denied.
Motion carried 7-0.
8. OTHER ITEMS
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NON -AGENDA ITEM
Mr. Westberg wanted to inform the commission about the 38`h Avenue project
going on right now called Ridge at 38. He stated that back in November there
was a vote that denied the street width change so the city has hired a consultant,
Britina Design to help us through this process: Cre8 Your 38. The City has sent
out a project information handout trying to get a consensus from the community
so we can move forward with the design of 38'h Avenue. There will be meetings
held on the 2"d Thursdays in January, February and March. The first meeting in
January will include brainstorming in small groups; the meeting in February will
consist of group designing and the meeting in March the consultant will take all
the information from the first two meeting and present it. Trying to have this be a
citizen driven initiative.
Commissioner BUCKNAM encouraged people to get involved with this and
Commission OHM how this will be getting out to the public.
Mr. Westberg stated there will be a postcard mailing, a Facebook page, flyers and
QR code.
STUDY SESSION
A. Accessory Dwelling Units
Ms. Ritchie gave a brief presentation regarding the consideration of a potential
ordinance to permit accessory dwelling units as explained in the Memorandum in
the Agenda. An ADU is a self-contained smaller living unit on a lot typically on
a single family lot. An ADU can be attached; with either a side or rear entry,
detached or even internal. ADUs are incidental and subordinate to the primary
home, it is not a duplex and there are more restrictive standards. Staff
recommends that the following topics be included in any potential ADU
regulation and processes. Some of the regulations would include architecture,
size, parking, density, zoning, owner occupancy, deed restriction or covenant,
ongoing registration and service and fees.
Commissioner DORSEY asked if the lots that were developed as single family
properties are they going to become multi -family properties if ADUs are
permitted.
Ms. Ritchie stated that it will not necessarily be considered a multi -family
property because it is not a duplex due to the size restriction of the ADU. A full
family will not be able to occupy these ADUs; most likely it will be no more than
a couple of people. Access to some of the ADUs might be difficult, but the intent
usually is not to have a full drive to the dwelling.
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Commissioner DORSEY stated that once you open the door there is the
possibility of getting a family of five in an ADU.
Ms. Ritchie stated this is something we recognize and it will be conversations like
this that we have with Code Enforcement.
Commissioner DORSEY stated that with the development of ADUs then property
values will increase, but the City will get little from the property taxes.
Ms. Ritchie said that ADUs can be expensive to construct and there may not be a
huge proliferation right away. Other communities have seen less than what they
expected. This is something we can do on a pilot program and see how it works
or doesn't work.
Commissioner BUCKNAM thought he could see ADUs being an attractive sales
pitch in a new development if you didn't have the restriction on ADU in density.
Also, regarding the occupancy limit of 2, does that include kids. I would hope
there would be some flexibility since we are an older community.
Ms. Ritchie stated that City Council said 2; similar to no more than 1 occupant for
every 200 sq.ft. of space.
Commissioner WEAVER wanted to voice her support for ADUs. She stated that
some people with aging parents don't want to live in the same house with them
again, but definitely want to be close; this is a perfect situation with ADUs. She
had heard that ADUs have worked well in the Boulder area and hasn't adversely
affected property values, but they can be expensive to build.
Commissioner TIMMS asked if developments with an HOA, if the HOA will
govern the ADUs.
Ms. Ritchie stated that if the covenant says no than the City can't come in and
change it, but the City can have discussions with the HOAs about how to go about
having ADUs in their developments.
Commissioner TIMMS stated he is supportive of ADUs, but no a big fan of what
is proposed in terms of the density limitations. His concern is that one of the
goals of zoning is an equity issue and he feels what is being proposed would make
it only possible for the rich to have ADUs.
Ms. Ritchie said that staff is not suggesting any density restrictions, they are just
options.
Commissioner TIMMS also commented on the registration of ADUs and is not
sure if it is the right thing to do.
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Ms. Ritchie stated that some communities choose to register ADUs, but again it is
an option and one that needs to be discussed.
Commissioner OHM wanted to know if there are any requirements for an ADU to
have running water.
Ms. Ritchie stated at that point it is not considered an ADU, it would be an
accessory structure. Once there is a full bathroom and stove in the building it is
then considered a dwelling.
Commissioner OHM also agrees with Commission TIMMS that there should not
be a cap, or restriction on density for ADUs; everyone should have the option. He
also wanted to know how a basement can be an ADU.
Ms. Ritchie explained that a basement is a basement, and the owner cannot make
that basement a separate apartment. If there is a separate entrance or separate
kitchen in the basement then that is not permitted in the R -I zone district.
Commissioner OHM wanted to know if the 1-2 occupant restriction is related to
the property, considering there is no more than 3 unrelated in the primary
dwelling.
Ms. Ritchie explained the 2 person occupancy is related only to the ADU, not the
primary dwelling.
Commissioner OHM wondered if COOPs compares to ADUs, because you lease
a dwelling and the prices are kept lower.
Ms. Richie said that would be a different discussion because COOPs are different
than ADUs.
Commissioner BUCKNAM wanted to know if ADUs could be considered in MU -
N zoning as well.
Ms. Ritchie said there can be pros and cons, but it is a very good question and one
to be discussed.
Commissioner Bucknam also had a comment about parking. He thinks the city
should consider not requiring on street parking and only require it if a lot is a
certain length or less or the lot frontage.
Ms. Ritchie agreed and added that City Council requested of Planning
Commission to really dig and guide staff through the crafting of these
development standards.
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Commissioner OHM believes the ADU should be 40-50% the size of the primary
dwelling, but everything needs to be based on conditions and staff should reserve
the right to change and adjust parameters.
Ms. Ritchie asked if the members had any questions regarding zoning or
occupancy requirements.
Commissioner BUCKNAM wants staff to look at including MU -N in the zoning
requirements and Commissioner OHM felt ADUs will not work on small
properties because it will be hard to meet setback requirements.
With regards to the 1-2 occupancy requirement Commissioner DORSEY agrees,
but Commissioner TIMMS is concerned because if a couple lives in the ADU,
then has a child will they be forced to leave. Commissioner BUCKNAM feels
that putting a low cap would limit growth of younger segments in the city.
Ms. Ritchie appreciated the feedback and feels there is not total agreement among
the members, but that is alright because it gives staff someplace to start. She also
wanted to know how they felt about owner occupancy of one or both of the
dwellings.
Commissioner BUCKNAM felt that at least one of the dwellings, whether
primary or ADU should be owner occupied. He wanted to make sure that the
owner is on site and that both dwellings are not rented. The other commissioners
agreed.
Ms. Ritchie then asked how the members felt about Process, either a special
review of each application compared to the regulations or as a by -right use
without public review.
All were in agreement that it should be by -right. Commissioner WEAVER feels
the key is safety and the owner needs to be protected by regulations so they are
not sued by renters, there needs to be permits and Code Enforcement needs to be
involved.
Commission OHM wanted to know if a group home wants to expand, can they
build an ADU.
Ms. Ritchie stated that a group home is not a single family home and the use for
having an ADU is a single family home so it would not be permitted along with a
group home.
Commissioner OHM asked if and ADU would be allowed in a light industrial
area.
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December 3, 2015
Ms. Ritchie stated that there are residential homes allowed in some commercial
and industrial areas already, for example caretaker units. The code already might
cover that.
Commissioner TIMMS wondered if the call a week that staff is getting is
interested buyers in the City of Wheat Ridge or other.
Ms. Ritchie stated the first kind of caller is for a property listed for sale and
wondering if they can build an ADU. Second is from people who have a large lot,
but the primary dwelling is too big for them and they would like to build an ADU
and rent out the primary dwelling. The third caller is the property owners want to
make some additional upgrades. We do not have a developed data base yet of
people who have called, but I have a list started. Ms. Ritchie said staff needs to
schedule some public meetings and staff will keep you apprised of when the
meetings will be.
Commissioner DORSEY asked what other communities allow ADUs.
Ms. Ritchie stated that Lakewood, Boulder, Arvada, Denver and Golden all allow
ADUs. Englewood and Littleton are under consideration and Westminster does
not allow them.
9. ADJOURNMENT
It was moved by Commissioner TIMMS and seconded by Commissioner
WEAVER to adjourn the meeting at 9:58 p.m.
Motion carried 7-0.
Alan Bucknam, V*ft¢Chair
Planning Commission Minutes
December 3, 2015
Tammy Odea cording Secretary
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