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HomeMy WebLinkAbout02/18/2016I City of WheatR d c PLANNING COMMISSION AGENDA February 18, 2016 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on FebruarylS, 2016 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—January 21, 2016 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. WV -16-01: an application filed by the City of Wheat Ridge for approval of a vacation of 19 -feet of Marshall Street Right -of -Way for property located at 4901 Marshall Street. S. OTHER ITEMS A. 2016 Planning Division Work Program 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 meeting if you are interested in participating and need inclusion assistance. I City Of ]�9rWheatRoge PLANNING COMMISSION Minutes of Meeting January 21, 2016 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair Buckram at 7:01 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: Dirk Boden Alan Buckram Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Amanda Weaver Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE None , Meredith Reckert, Senior Planner Tammy Odean, Recording Secretary 1 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda with the addition of Resolution 01-2016 establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law, under number S Other Items. Motion carried 7-0. 5. APPROVAL OF MINUTES — December 3, 2015 It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the minutes of December 3, 2015, as written. Motion carried 7-0 Planning Commission Minutes - 1 — January 21, 2016 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 WZ-15-12: an application filed by Equinox Properties for approval of a zone change from Residential -One (R-1) to Mixed Use Commercial (MU -C) for property located at 3865 Kipling Street. 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; therefore the Planning Commission has jurisdiction to hear this case. The applicant is requesting a zone change from Residential -One (R-1) to Mixed Use - Commercial (MU -C) for property located at 3865 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. The Mixed Used zoning has been very popular because it is a more predictable land use process instead of going through a long planned development process. There is also the option for a drive-thru if the applicant can meet the criteria. A neighborhood meeting was held on December 15, 2015 with one person in attendance and he was supportive on the rezoning and reinvestment in the property. There were no concerns from service agencies or city departments. Assuming the process moves forward then the next step would be a City Council public hearing on March 14, 2016, a site development plan, possible a plat and then a building permit. Ms. Reckert also stated that Kipling is a major highway and the commercial development along the Kipling Street corridor continues to intensify with new redevelopment. This rezone is consistent with the Comprehensive Plan and would provide further opportunity for new development. Commissioner OHM asked if any portion of the property is in a flood plain. Ms. Reckert stated it is not although Lena Gulch is adjacent to the property, but was channelized in the late 80's, early 90's. Planning Commission Minutes -2— January 2— January 21, 2016 Commissioner OHM inquired with regards to the funny little jog on the north side of the property, is it a road to connect to 39th Avenue. Mr. Reckert state that at one time it was considered to be a potential access point to the property, but it doesn't make sense anymore because the Rec Center is so heavily used. Commissioner TIMMS asked about there being no scenarios by the applicant at this time, but at the neighborhood meeting there were two proposals. Ms. Reckert said that when the notes were taken from the Pre -application meeting then there were a couple of speculative proposals, but there is nothing at this time moving forward. Commissioner WEAVER asked what the regulation is with the sidewalk on the west side of Kipling. Ms. Reckert stated there will be build -to lines for new structures and the applicant will be required to build separated sidewalks and a tree lawn on both the Kipling Street and 38a' Avenue sides. Commissioner WEAVER also asked what the plan is for making 38th and Kipling more pedestrian friendly. Ms. Reckert said the policy with heavily travelled corridors is to get the improvement built when property develops and then fill in the links. Commissioner BODEN had a few questions regarding the scenarios at the neighborhood meetings and whether it is appropriate to ask. Ms. Reckert restated that the intent of the zoning is there are no specific scenarios at this time. Commissioner BUCKNAM asked what the mandatory separation requirement for a drive-thru in MU -C the zoning. Ms. Reckert stated it is 500 -feet. If the applicant does a true mix of uses, a residential and a commercial component, then they do not have to meet the separation requirement. Commissioner BUCKNAM asked if self-service gas stations with kiosks count as a drive-thru as well as automatic car washes. Ms. Reckert said yes, they do. Planning Commission Minutes -3— January 3— January 21, 2016 Commissioner BUCKNAM also wanted some clarification on the zoning map. There is an R-1 zoning on the southwest corner, two properties to the west of the subject site and whether that was a previous case. Ms. Reckert stated it has been rezoned to MU -N, just not updated on the map. Commissioner BUCKNAM wanted to know why there is a differentiation of MU -N on the property to the southwest and this request for a MU -C. Ms. Reckert stated it is because of the proximity to Kipling Street which is more commercial. Commissioner OHM asked if the MU -C will go to the center line of the road. Ms. Reckert said yes, typically the zone district extends to the center line of the street. Erica Shorter Equinox Properties 1873 S. Bellaire St., Denver, CO Ms. Shorter explained that this property was purchased by Equinox Properties in October from Evergreen Development. Evergreen Development did have a Pre - Application meeting with possible site plan uses, but Equinox Properties is hoping to change the zoning then decide on uses for the property. Commissioner Boden asked if there have been any negotiation with the Shell Gas Station directly on the corner of 381' and Kipling. Ms. Shorter stated that there have been talks with Shell, but nothing is solidified at this time. Commissioner TIMMS asked if there is still an access permit with CDOT for Kipling Street. Ms. Shorter said there still is. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to recommend approval of Case No. WZ-15-12, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) for property located at 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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 -4— January 4— January 21, 2016 Motion carried 7-0 8. OTHER ITEMS A. Resolution 01-2016: Establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. Ms. Reckert said this is a statutory requirement done once a year and the public posting area is the front lobby of the Municipal Building. The meetings are also posted on the website and in the Wheat Ridge Transcript. Nothing has been changed on this resolution from the previous year. It was moved by Commissioner TIMMS and seconded by Commissioner Kimsey to approve Resolution 01-2016, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado open meetings law. Motion carried 7-0. B. Terms Ending/Election of Officers Ms. Reckert stated there are three Commissions whose terms are coming to an end on March 2, 2016, Commissioner BUCKNAM, OHM and DORSEY, if interested in continuing then you need to reapply at the City Clerk's office. There is also still an opening for District 4. Ms. Reckert stated that at the second meeting in March a vote will be held for a new Chair and Vice Chair. C. New packet format F In order to promote sustainability for the City of Wheat Ridge and the Community Development Department, new reusable packet satchels have been purchased for packet delivery. Ms. Reckert thanked all the Commissioners for returning the new satchels in which their Agenda Packets were delivered. 9. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner DORSEY to adjourn the meeting at 7:31 p.m. Motion carried 7-0. Alan Bucknam, Chair Tammy Odean, Recording Secretary Planning Commission Minutes January 21, 2016 5— 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: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE MANAGER: Lisa Ritchie February 18, 2016 WV -16-01 / Marshall Street Partial Right -of -Way Vacation Approval of a vacation of the western 19 feet of Marshall Street Approximately 4901 Marshall Street City of Wheat Ridge 8,998 square feet (0.207 acres) Industrial -Employment 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 to vacate a portion of unused right-of-way (ROW) for Marshall Street. The portion of ROW in question consists of the western 19 feet of Marshall Street. II. DESCRIPTION The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 4901 Marshall Street by the property owner. Staff is currently reviewing a Planned Building Group application to be considered by Planning Commission at a future Public Hearing. As part of the review process, Public Works evaluated the street configuration and has determined that the western 19 feet is not necessary to retain now, nor should it be in the future. The existing ROW width in this location is 110 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanying amenities that are described in the City's Bicycle and Pedestrian Master Plan. The ROW was obtained by the City by operation of law from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When I-70 and I-76 were built, it rendered any future regional expansion of Marshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally, and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. This request is being initiated by the City and is proposed to be approved by Ordinance following public hearings before the Planning Commission and the City Council. If the right-of-way is vacated, it will vest with the ownership of 4901 Marshall Street. (Exhibit 1, Vacation Exhibit and Legal Description; Exhibit 2, Zoning Map; Exhibit 3, Aerial Photo; Exhibit 4, Site Photo) III. VACATION CRITERIA Before a street ROW vacation is approved, the applicant shall show and City Council shall make the following determinations which are found in Section 26-118—Right-of-Way Vacations: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. Access to the property adjacent is not compromised as Marshall Street at this portion of the ROW is not developed and has no public improvements. The new property line that will be created by the approval of the vacation will remain adjacent to Marshall Street. Staff concludes that this criterion has been met. Planning Commission WV -16-01 /Marshall Street Right -of -Way Vacation 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the transportation section of the current Comprehensive Plan of the City of Wheat Ridge. The vacation of the western 19 feet of the Marshall Street ROW does not impact the goals of the Comprehensive Plan. Marshall Street is not specified for any future improvements outlined in the plan, nor are any improvements called for in the City's Bicycle and Pedestrian Plan that cannot be accommodated within the ROW that will remain. Staff concludes that this criterion has been met. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. There will not be a negative impact on the infrastructure of the City of Wheat Ridge. Existing utilities will remain within the resulting ROW or within easements. Staff concludes that this criterion has been met. 4. That adequate easements have been reserved for use and/or maintenance by the city or other utility agencies. An application for a plat is under review by staff. A utility easement is proposed for the front 10 feet along the new proposed property line to accommodate utilities. The newly vacated ROW will be incorporated into this property via the plat. Staff concludes that this criterion is has been met. Staff concludes that the criteria used to evaluate right-of-way vacations support this request. IV. 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 concerns. Wheat Ridge Fire Protection District: No comments. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: All comments have been addressed. Wheat Ridge Public Works recommends approval. Planning Commission WV -16-01 /Marshall Street Right -of -Way Vacation Westridge Sanitation District: Requests that an easement be reserved for utilities, if any. No concern with the vacation request. Xcel Energy: Requests that a utility easement be reserved for utilities. No concern with the vacation request. Comments received relate only to the vacation request. A separate referral process will occur for the proposed redevelopment. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed vacation will not leave adjacent property without access to a public street. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. There will not be a negative impact to the City's infrastructure. Because the vacation criteria support the zone change request, staff recommends approval of Case No. WV -16-01. VI. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WV- 16-01, a request for approval of a right- of-way vacation of an unused portion of Marshall Street, for the following reasons: 1. The Public Works Department does not see any future needs for this ROW. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met." Option B: "I move to recommend DENIAL of Case No. WV- 16-0 1, a request for approval of a right-of- way vacation of an unused portion of Marshall Street, for the following reasons: 2. ... Planning Commission WV -16-01 /Marshall Street Right -of -Way Vacation Exhibit 1— Vacation Exhibit and Legal Description ` TRO0.MEC OE 89988 0.207 ACRES ± OWNER: MARSHALL -76 LLC REC. NO. 452756 R=919.44' 029°49'08" L=985.13' CHB=N17°20'36"W CHL=473.13' SWMR SEC 13 Orr WIFAT FND. 3.35' �,S 13$J DIAM. BRASS `hy CAP STAMPED 510 513 ASSHOWN v� F- T S33 530 PT35 R69W � G 1980 �$` Py MONJ EXHIBIT A SHEET 2 OF 2 N87°33'58"E 19.00' R=900.44' 029°49'08" CHB=517°20'36"E CHL=463.35' 2i �9�N5 q4 Nl. POINT OF BEGINNING OWNER: MARSHALL -76 LLC jp arc REC. NO. 90024405 SEC 13/ BASIS OF BEARING Planning Commission WV -1 6-01 / Marshall Street Right -of -Way Vacation 1 OWH 1/0 COR SEC I3 FND. 3.25DIAM. BRASS APSTAMPED T ASSHOWN LEGAL DESCRIPTION A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear N89'59'56"E, with all bearings herein relative thereto; Thence N69'23'42"E, a distance of 1080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street; said point also being the Point of Beginning; Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet, through a central angle of 29'49'08" and which chord bears N17'20'36"W, a distance of 473.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N87'33'58"E, a distance of 19.00 feet; Thence along the arc of a non -tangent curve to the left, 478.51 feet, having a radius of 900.44 feet, through a central angle of 29'49'08" and which chord bears S 17'20'36"E, a distance of 463.35 feet; Thence S57'44'S0"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76'54'30"E, a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Planning Commission WV -16-01 /Marshall Street Right -of -Way Vacation Exhibit 2 - Zoning Map Planning Commission 7 WV -16-01 /Marshall Street Right -of -Way Vacation Exhibit 3 — Aerial Photo Planning Commission $ WV -16-01 /Marshall Street Right -of -Way Vacation Exhibit 4 — Site Photo Photo taken from near the southern end of the proposed right-of-way vacation of Marshall Street. Planning Commission 9 WV -16-01 /Marshall Street Right -of -Way Vacation