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HomeMy WebLinkAbout06/16/2016City of W heat:idge PLANNING COMMISSION Minutes of Meeting June 16, 2016 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM 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: Dirk Boden Alan Bucknam Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Amanda Weaver Commission Members Absent: Staff Members Present: Lisa Ritchie, Planner II Mark Westberg, Engineering Project Supervisor Gerald Dahl, City Attorney Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES — June 2, 2016 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of June 2, 2016, as written. Motion carried 6-0-2 with Commissioner BUCKNAM and WEAVER abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes June 16, 2016 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-16-03: an application filed by HRE Development, for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial Transit Oriented Development (MU -C TOD) and Mixed Use -Neighborhood (MU -N) for the property located at 11818 W. 52nd Avenue. Ms. Ritchie 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. Ritchie explained that what is under consideration is a two zone classification and will be split around where 51S` Avenue will be extended. The northern half will be zoned MU -N which is a lower intensity mixed use district and the southern half will be zoned MU -C TOD which is a higher intensity district intended for transit oriented type development. When evaluating zoning applications staff looks at the Comprehensive Plan, which was adopted in 2009, and identifies this location as a TOD site and proposes a mix of uses that are pedestrian friendly. In addition, the Northwest Subarea Plan is looked at which indicates an area of residential transition along Tabor Street and encourages a grid system of internal streets with pedestrian amenities. A neighborhood meeting was held on February 9, 2016 in which 30 attendees were present. Discussion topics included height, number of units proposed. There were no concerns from city departments or agencies during the referral process. The next steps will be a City Council public hearing on August 8, 2016, concept plan, specific development plan and a building permit. Staff does recommend approval. Commissioner TIMMS asked if the applicant had submitted a concept plan yet and if it will administratively reviewed. He also asked if a neighborhood meeting will be included with these plans. Ms. Ritchie said there has not been a concept plan submitted yet, and both the concept plan and site plan will be administratively reviewed and there will not be any more neighborhood meetings, per the code. Ethan Watel, Baseline Engineering 1950 Ford Street, Golden, CO Mr. Watel gave a brief explanation of the zoning in the area and added that the applicant was drawn to this 6.6 acre site because it is next to the Gold Line at the Planning Commission Minutes -2— June 2_June 16, 2016 Ward Road station and it supports a TOD site. There is also likely a detention pond on southeast corner of the lot. Commissioner TIMMS asked what type of density is being proposed and what the dwelling unit per acre will be. Mr. Watel replied they are still in the preliminary stages, but there will be approximately 150 apartments on the southern end and approximately 60 townhomes on the northern end. Ms. Ritchie added the dwelling unit per acre will be 15.6 to the north and 56.4 to the south, given those estimates. Commissioner TIMMS also asked about the unincorporated area north of 52nd Avenue and whose growth boundary that belongs to or if it will remain unincorporated. Ms. Ritchie explained she did not know at this time. Commissioner TIMMS asked if there will be more traffic intensity on Taft Court than on Tabor Street. Also, he asked if Ridge Road is a collector street. Mr. Westberg explained that more will be known once a traffic study is done and he added that Ridge Road is a collector street. Commissioner LEO asked if there was any objection at the neighborhood meeting. Ms. Ritchie stated there was concern about both height and traffic. Commissioner WEAVER shared her concerns about a height shadow in the adjacent neighborhood and wondered where the nearest TOD is located to compare what could potentially be at this site. Mr. Watel explained that due to the cost of construction the apartments will be no more than 3-4 stories in height and there is no demand for a more expensive product in this area.. Patrick Henry, Cushman and Wakefield 787 S. Washington Street, Denver Mr. Henry stated the nearest comparable TOD would be the apartments at Kipling and Ridge Road. He agreed with Mr. Watel about the height of the proposed apartments and said the demand for high rents is very low in this area and to construct a six story building is very expensive. Those two items will keep the height to 3-4 stories. Commissioner BODEN asked if the city will be incurring the cost of the sidewalk improvements to the south of the property. Planning Commission Minutes -3— June 3_June 16, 2016 Ms. Ritchie stated the improvements have already been completed along with the RTD project and the applicant will be responsible for the west side of Tabor and the north side of 52"d Commissioner WEAVER asked about the average price point for the potential units. Mr. Henry stated the average rent will be around $1250 and the townhomes will average the low $300s. It will be a perfect entry level place. Chair OHM asked how the portions were determined for the MU -N and MU -C TOD zoning. Ms. Ritchie explained that it was determined to split the zone districts along the conceptual extension of 51't Avenue because the MU -N zoning provides more of a natural residential transition on the north end of the site. The potential drainage area in the southeast corner also serves as a bit of a buffer for the MU -C TOD zoning from the residences to the east on the southern portion of the site. Commissioner TIMMS asked about the height restriction in I -E and R-2 since this property is between the two. Ms. Ritchie stated the maximum height for I -E is 50 -feet and for R-2 it is 35 -feet. Commissioner BUCKNAM asked where the next closest MU -N is located. Ms. Ritchie said the closest MU -N is located at the south side of 44`t' near Ward and then 44`h and Moore. It was moved by Commissioner BUCKNAM and seconded by Commissioner LEO to recommend APPROVAL of case No. WZ-16-03, a request for approval of a zone change from Residential -One (R-1) to Mixed Use - Commercial TOD (MU -C TOD) and Mixed Use -Neighborhood (MU -N) for property located at 11818 W. 52" d Avenue for the following reasons: I. 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 objective of the City's Comprehensive Plan and other guiding documents, including the Northwest Subarea Plan. 3. The criteria used to evaluate a zone change support the request. Motion carried 8-0. Planning Commission Minutes -4— June 4_June 16, 2016 B. Case No. WZ-16-04: an application filed by Sit Means Sit Denver Dog training, for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street. Ms. Ritchie 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. Ritchie stated the Comprehensive Plan considers this property as an employment zone which will support industrial uses. There will be no physical redevelopment proposed at this time, only minor upgrades to the existing building. A Special Use Permit will be required to use the property as a dog training and dog boarding facility as the applicant intends. The zone change request responds to redevelopment in the area. There is a 50 -foot easement on the north end of the property to access the billboard sign and Xcel tower on the property to the west. There will likely be public improvements done in the ROW by the City once they are started on 4901 Marshall Street which will provide good access to Clear Creek Trail. The development standards are relatively similar between the C-1 and I -E zonings. There were no concerns from outside referral agencies. A neighborhood meeting was held on April 27, 2016 and there was only one attendee, the west property owner and there were no concerns. Staff supports this request and recommends approval. Commissioner BODEN asked if dog training is allowed in the C-1 zone district. Ms. Ritchie said dog boarding is not allowed in C-1 and that is part of the application. Commissioner BUCKNAM asked about the zoning in the neighborhood and if the zoning across Marshall Street is still Commercial. Ms. Ritchie explained that some of it is C-1, but it is the parking area for Creekside Park. Chair OHM asked about the vacation of the ROW at 4901 Marshall Street. He wondered if the same should be done with this property and if not will there be any issues. Ms. Ritchie explained there should be not issues but assured Chair OHM that Public Works is looking into it. Anthony Bracciante, Sit Means Sit Dog Training 2050 Applewood Drive, Lakewood, CO Planning Commission Minutes -5- June 5_June 16, 2016 Mr. Bracciante explained the northern part of the property where the easement is located is not allowed for any development and will be used as an access easement only. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend APPROVAL of case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: I. 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 objective 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. Motion carried 8-0. C. Case No. ZOA-16-01: an ordinance amending sections 11-218, 11-293, 11-401, 11-404, 11-415, 26-204, 26-640 of the Wheat Ridge Code of Laws to adopt regulations governing medical marijuana testing facilities. Mr. Dahl gave a brief explanation about medical marijuana testing facilities and this ordinance amending portions of the zoning code. This is a new form of licensing done both locally and by the state and should be allowed as a use by right. There are standards for these facilities that need to be regulated, and that is why the Wheat Ridge Code of Laws needs to be amended. Commissioner WEAVER asked for an explanation of why the testing is being done. Mr. Dahl explained the medical marijuana will be tested for contaminants and reviewed the process for testing as stated in Senate Bill 15-260 which is found in the Agenda Packet. Chair OHM questioned if the facility could be more than a lab and maybe a grow lab. Mr. Dahl stated if a testing facility also includes a grow, then it would be subject to the marijuana cultivation use chart. Chair OHM also asked who can access the facility to have marijuana tested. Planning Commission Minutes -6— June 6_June 16, 2016 Mr. Dahl stated the customer base will be retail and medical outlets, this would include the local store or their supplier. It probably is not likely for a private individual to walk in the facility. Commissioner LEO asked what the asset is to the City for having a marijuana testing lab in it. Mr. Dahl explained there will be a business license and a business that employs high tech jobs that would not be low wage. It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to recommend approval of the proposed ordinance amending Chapters 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities. Motion carried 7-1 with Commissioner LEO voting against. 8. OTHER ITEMS Next Planning Commission meeting will be held July 21, 2016. 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to adjour meeting at 8:17 p.m. Motion carried 8-0. Amanda Weaver, Vice Chair Tammy Odean, ecording Secretary Planning Commission Minutes -7— June 7_June 16, 2016