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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
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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.
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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.
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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
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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.
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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
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