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PLANNING COMMISSION
Minutes of Meeting
April 7, 2016
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present
PLEDGE OF ALLEGIANCE
Alan Bucknam
Emery Dorsey
Janet Leo
Scott Ohm
Steve Timms
Dirk Boden
Donna Kimsey
Amanda Weaver
Meredith Reckert, Senior Planner
Lauren Mikulak, Senior Planner
Lisa Ritchie, Planner II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner TIMMS and seconded by Commissioner DORSEY
to approve the order of the agenda. Motion carried 5-0.
APPROVAL OF MINUTES — March 17, 2016
It was moved by Commissioner TIMMS and seconded by Commissioner LEO to
approve the amended minutes of March 17, 2016, as written. Motion carried 5-0.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Planning Commission Minutes
April 7, 2016
-1—
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. MS -16-01: an application filed by the Wheat Ridge Housing Authority for
approval of a subdivision plat to create 2 lots for property located at 10801-10803 W.
44`h Avenue.
Ms. Mikulak gave a short presentation regarding the subdivision to create 2 lots 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.
Ms. Mikulak gave a brief history of the Fruitdale School and its property, stating the
Fruitdale School was decommissioned by Jeffco Schools when Norma Anderson
Preschool opened in 2007. In 2011 Wheat Ridge Housing Authority (WRHA)
acquired the school to save the building from demolition. In 2012, with the use of
grant funds a historic structure assessment was completed and in 2013 the Fruitdale
School was designated on the National Register of Historic Places. In 2014 WRHA
published a Request for Information to identify a developer partner and in 2015 after a
charter school terminated a purchase contract, WRHA entered into a purchase contract
with Hartman Eli Investments (HEI) along with a signed agreement in 2016. Their
proposal is for residential reuse.
The subdivision application does not depend on this specific reuse proposal; the
WRHA would like to clean up the encumbrances on the property regardless of who
purchases the property. There will be a land swap between WRHA and Jeffco Schools
to help clean up the lot lines and it is City approved and therefore not subject to the
subdivision regulations. The purpose of the plat is to clean up lines so there can be
redevelopment because buildings cannot cross property lines. This consolidation will
create a clean Lot 1 and Lot 2 and also create easements: one along the southern
property line and hammer head cross access easement at the northwest corner of the
property for emergency and maintenance access. There were no outstanding issues
with outside agency referrals.
Commissioner BUCKNAM asked about the east side of Lot 2 and wondered if there is
enough space for services to be accessed between the Fruitdale School and playground.
Ms. Mikulak stated the developer has a good idea of how that space will be used and
there is no concern at this time.
Janice Thompson, Chair, Wheat Ridge Housing Authority
12290 W. 42°d Avenue, Wheat Ridge
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Ms. Thompson stated it is very important for there to be a rezone and property line
clean up and the Fruitdale project will definitely benefit the City.
It was moved by Commissioner BUCKNAM and seconded by Commissioner
LEO to recommend APPROVAL Case No. MS -16-01, a request for approval of a
two -lot minor subdivision plat on property located at 10801 and 10803 W. 44`h
Avenue, for the following reasons:
I. All agencies can provide services to the property with improvement
installed at the developer's expense.
2. All requirement of Article IV of the zoning and development code have
been met.
With the following conditions:
1. The subdivision plat shall not be recorded until the land exchange
between the applicants is finalized.
Motion passed 5-0.
B. Case No. WZ-16-02: an application filed by the Wheat Ridge Housing Authority for
approval of a zone change from Agricultural -One (A-1), Residential -Three (R-3), and
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at
10803 W 44`h Avenue.
Ms. Reckert gave a short presentation regarding the zone change 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.
Ms. Reckert stated the purpose of the rezoning is to consolidate the zoning and to
modify the list of uses and prepare the property for redevelopment. Rezoning is the
first step in the process and if rezoning is approved then a Site Plan will be required to
review redevelopment on the site. The 3 current zoning designations were inherited
when the City incorporated in 1969; A-1 being the most restrictive and limiting to
single family and farming uses, C-1 being for retail use and R-3 allowing for single
family up to multi -family dwellings. MU -N is a hybrid of both A-1 and C -fallowing
for residential uses and commercial uses as well as multi -family live/work. Both the
Structure Plan (within the Com Frehensive Plan) and the Fruitdale Valley Subarea Plan
call for revitalization on the 44` Avenue Corridor. A neighborhood meeting held on
March 1, 2016 had 3 attendees who were generally supportive and there were not
concerns from outside referral agencies. The next steps are a City Council meeting on
May 9, site plan review, and a building permit.
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April 7, 2016
Commissioner BUCKNAM thinks the MU -N zoning makes sense in this corridor and
asked a couple of questions regarding the historic building. He inquired about the
relationship between the City's architectural standards and the historic preservation
requirements.
Ms. Reckert explained that if there were to be a large expansion, by more than 50%,
then the developer would have to comply with architectural standards, but because it is
registered historically it will have to follow the federal historical standards.
Commissioner BUCKNAM then asked about the administrative site plan review
process, and wondered if there has been any discussion about public input or review
given that this is a historic site.
Ms. Reckert and Ms. Mikulak stated currently there is no input from the public during
a site plan review process. Because of the national landmark designation, federal
design standards may trump local design standards.
Commissioner OHM asked if the building is taller than 35 feet and if this presents a
problem because 35 feet is the maximum height for residential uses.
Ms. Mikulak and Ms. Reckert stated they don't know the current height of the
building, but the height would not prohibit the building from being used residentially
because it is an existing condition.
Craig Horlacher, President, Fruitdale Roof Maintenance Assoc.
10720 W. 45th, Wheat Ridge
Mr. Horlacher read part of a letter addressed to Mr. Hartman with HEI. The concerns
of the association regard the northern end of Lot 2 and the construction of a new fence
or screening. They are concerned that a fence on the Fruitdale property could
negatively impact the maintenance and replacement of the existing cedar fence in the
future. Also, he expressed a concern of privacy in the backyards due to the proximity
of the access road and the line of sight from the 2"d story windows in Fruitdale School.
Ms. Reckert acknowledged the concerns and stated she is not sure what the future site
plans holds related to fencing. She indicated that zone change approval is not typically
conditioned with requirements related to fencing.
It was moved by Commissioner TIMMS and seconded by Commission
BUCKNAM to recommend APPROVAL of Case No. WZ-16-02, a request for
approval of a zone change from Agricultural -One (A-1), Residential -Three (R-3),
and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 10803 W. 44th Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community.
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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.
4. The zone change will prepare the property for reuse or redevelopment
and may serve as a catalyst for other property redevelopment or
improvements in the area.
5. The criteria used to evaluate a zone change support the request.
Motion Carried 5-0.
C. Case Nos. WZ-15-10 & WZ-15-11: an application filed by Stor-All Storage for
approval of a zone change from Planned Commercial Development (PCD) to Planned
Industrial Development (PID) with an Outline Development Plan (ODP) and a request
for approval of a Specific Development Plan (SDP) for property located at 12700 W.
44th Avenue.
Mr. Ritchie gave a short presentation on this continuance from the March 17, 2016
Planning Commission Meeting. 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.
Ms. Ritchie updated the Commission with the applicant's changes in the case report.
She explained the ODP document now includes additional uses which are more
commercial in use. These options include research laboratories, eating establishments
without a drive-thru, medical and dental offices and retail sales. Also, there will only
be one free standing sign with a maximum height of 15 feet. Revisions were also made
to the SDP document including the lighting plan which was refined to have no spill on
adjacent properties; a security light added at the rear emergency exit and the low light
levels are consistent with office park lighting at night. The wall signs are what the
applicant intends to apply for and are allowed under the sign code as is.
With regards to the Comprehensive Plan, this area is designated as a neighborhood
buffer due to the proximity to I-70, but there is no specific use of buffering defined, but
there are goals. Goal NI -12 is to increase housing, but this property is not ideal for
housing; Goal NH4 is to stimulate investment and redevelopment in the neighborhood
buffer areas, which this proposal promotes; Goal SC3 is to increase community safety
and code enforcement, this proposal should reinforce this goal; Goal CS7 increases
opportunities for public involvement with City government, this goal is not applicable
to the proposal, but the ODP includes community buildings as a possible use; and
finally Goal SF4 maintains a healthy and active community which this proposal
promotes by providing a detached sidewalk along Youngfield Street.
Ms. Ritchie explained that PID was proposed because the majority of uses are allowed
in the I -E zone district and if rezoned to I -E the district would allow uses more intense
than appropriate for this location. Also, PID is employment supporting. Other options
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the Planning Commission can consider are revising the zone district to Planned
Commercial Development, allowing additional uses not proposed on the ODP,
consider different hours of operation and to consider zoning limitation such as signage
or lighting requirements.
Tim Nelson, Galloway
6162 S. Willow Dr. Greenwood Village, CO
Mr. Nelson explained a few of the changes made to the proposal including added sight
distant triangle, modified the landscape plan, and there is more data on lighting. The
CDOT requirements have been meet and there will be no signage on the residential
side of the building. Also, there were zoning uses added for compatibility 20-30 years
down the road.
Commissioner TIMMS asked if there had been any more discussion about hours of
operation since the March 17 meeting.
John Anderson,
1291 SW Mulberry Way, Boca Raton, FL
Mr. Anderson stated the hours of operation for the retail/rental office will be 9:00am to
6:00pm and shorter on the weekend. The facility access hours will be 6:00am to
9:00pm.
Commissioner DORSEY reiterated the hours of operation are very important.
Cindy Beckfeld
4365 Xenon St., Wheat Ridge, CO
Ms. Beckfeld stated the neighbors are nervous about the four story building and she
wants to make sure the dog leg/easement on the Xenon St. side of the property will
never be used as access except for emergencies. Also, she does not want to see big
semi -trucks using the parking lot and wants to make sure the City is involved sees that
the applicant does what they say they are going to do.
Scott Mefford
4380 Xenon St., Wheat Ridge, CO
Mr. Mefford stated his greatest concern is the height of the building and there should
be a buffer between the building and the neighborhood. He has noticed there are no
other 4 -story buildings in the vicinity and has questions regarding the glare off the
building, if it will act as a snow fence and if there will be privacy issues. Mr. Mefford
has two requests, the first being lowering the height of the building to 1 or 2 stories and
the second being erecting a pole to give the neighborhood an idea how tall 4 -stories
will be.
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David Murphy
12700 W. 42"d Ave., Wheat Ridge
Mr. Murphy believes the applicant is well intentioned and doesn't want to cause
complications for the neighborhood, but he does have concerns. Some of his concerns
are the free standing sign and the light that will spill into the neighborhood. This
storage facility is better than other business that could be put on this site, but is it right
for the neighborhood. His other concerns are traffic and fencing and the height of the
building. Finally, Mr. Murphy stated his concerns for the site when the storage facility
moves out and what could move in. He wants to make sure the City can take care of it.
Janice Thompson
12290 W. 42"d Ave., Wheat Ridge
Ms. Thompson stated she has lived in the neighborhood since 1955 and has seen
changes in the area and there doesn't seem to be a good plan in the area for businesses.
The transitional change from neighborhood to commercial should be stair stepping and
that is difficult when the City does spot zoning changes. She feels this makes it hard
for residents to invest in their homes. We would like the City to look at the whole area
and see what works best to enhance the area and protect the neighborhood. Also, Ms.
Thompson wants assurance to the neighbors on Xenon Street that there will be no
access on to Xenon for the proposed site.
Mr. Nelson replied to the neighbors' concerns and questions. He stated the emergency
lighting on the back of the building is a light by the rear door and there will be no light
spilling into the adjacent lots. There will also be no semi -truck parking; the parking lot
will not accommodate a truck that size. Mr. Nelson addressed the 4 -story height of the
building and stated the height is allowed in the zone district. To have an elevator bay it
is economically feasible to go 4 -stories. Also, he explained there will be no windows
facing the neighborhood so there will definitely be privacy for the neighbors. Mr.
Nelson also explained there will be a transition from I-70 to the storage facility then to
the neighborhood.
Commissioner DORSEY wanted confirmed hours of operation and how people will
access the building.
Mr. Nelson and Mr. Anderson explained the hours of operation will be 6am — 9pm and
the building will be accessed by key code. A process starting at 8:45pm will alert
anyone in the building that they will be closing at 9pm.
Commissioner BUCKNAM asked about the landscape plan on the east side of the
building with the mix of Oak and Honey Locust. The mature height of the Oak will be
50' and will provide a nice visual, but how mature will the trees be when planted.
Mr. Nelson stated it will be 2" in caliper, 15-18' in height and the canopy will be 8'
wide which is good for transplanting.
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Commissioner OHM asked about the upright junipers on the residential side.
Mr. Nelson said they are meant to be a buffer for the neighbors who don't want a
fence.
Commissioner LEO asked what the difference in height is between the building and I-
70 and if the building is higher than the highway it could be obnoxious to the
neighborhood.
Ms. Ritchie explained the height could be researched and the information provided; I-
70 and the Hwy 58 flyover is elevated near there.
Commissioner OHM asked a question to staff from the neighbors as to how the City
will enforce what is put on the plan.
Ms. Ritchie stated multiple departments will work together, but a business license will
be required and code enforcement will work with the building and planning
departments.
Kathryn Murphy
12700 W. 42" Avenue, Wheat Ridge
Ms. Murphy asked what will be done with this building if it is not in compliance when
being built. The neighbors want assurance.
Ms. Reckert explained that the inspectors and planners will enforce whatever City
Council approves.
Commissioner OHM asked if there are deed restrictions on the property, with regards
to the site access.
Ms. Reckert stated it would be governed by the Planned Development.
Mr. Murphy asked if there is still a plan to merge 44`x' Avenue and Youngfield.
Ms. Ritchie stated that Public Works reviewed the plan, and that it is a CDOT
controlled area and there were no concerns raised.
Commissioner BUCKNAM asked about the buffer zone as mentioned in the
Comprehensive Plan, is it really that vague in the Plan, more so with the changes in use
both physical and visual.
Ms. Ritchie stated the Structure Plan is different depending on the area and the goals
are varied and diverse.
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Ms. Reckert stated it is contextual depending on where the property is located. The
planning department looked at this as a buffer for I-70.
Commissioner BUCKNAM added he thought the expanded uses are beneficial.
Commissioner LEO asked if Case No. WZ-15-10 passes will the 50' limit be set.
Mr. Ritchie replied yes.
It was moved by Commissioner BUCKNAM and seconded by Commissioner
DORSEY to recommend APPROVAL of Case No. WZ-15-10, a request for
approval of a zone change from Planned Commercial Development to Planned
Industrial Development with an Outline Development Plan for property located
at 12700 W. 44"' Avenue, for the following reasons:
1. The proposal is consistent with the City's comprehensive plan and other
guiding documents;
2. The proposal meets the zone change criteria;
3. The proposed uses and ODP plan are all less intensive than what could be
allowed on the property currently and will serve as a neighborhood
buffer;
4. All requirements for an Outline Development Plan have been met.
Motion denied 2-3 with commissioners BUCKNAM and DORSEY approving
and OHM, TIMMS and LEO denying.
6. OTHER ITEMS
Ms. Ritchie stated this application, WZ-15-10, will be heard at City Council on April 25
for First Reading and on May 23 for a Public Hearing.
Ms. Ritchie also updated the Planning Commission on the upcoming Public Meeting for
Accessory Dwelling Units on April 12.
9. ADJOURNMENT
It was moved by Commissioner TIMMS and seconded by Commissioner
BUCKNAM to adjourn the meeting at 9:06 p.m. Motion carried 5-0.
S in, Chair Tammy Od, Recording Secretary
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