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HomeMy WebLinkAbout10/20/20161. 2. 0 9 5. 6. . ' ' , City of W heat f"idge PLANNING COMMISSION Minutes of Meeting October 20, 2016 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Dirk Boden Alan Bucknam Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Commission Members Absent: Amanda Weaver Staff Members Present: Meredith Reckert, Senior Planner Zack Wallace, Planning Technician Mark Westberg, Engineering Project Supervisor Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE 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 7-0. APPROVAL OF MINUTES — September 22, 2016 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of September 22, 2016, as written. Motion carried 7-0. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes October 20, 2016 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-16-01: an application filed by AMOF Partnership for approval of a zone change from Residential -One (R-1) to Planned Mixed Use District (PMUD) with an ODP for property located at 10001 W. 32"d Avenue. Ms. Reckert gave a short presentation regarding the Outline Development Plan 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 entered into the record and distributed a packet of emails received by area residents for the Commissioners to review. These emails were sent to her after the Agenda Packet had been assembled. Ms. Reckert explained there is 2.16 acres comprising the property with a 40 foot grade change that contains multiple buildings. Along with the proposed zone change the owner would like to see an event center established at this site, but the ODP addresses different scenarios for land uses as well. A neighborhood meeting was held on December 21, 2015 with 10 neighbors attending and in response to the agency referral; there were no major concerns from city departments or outside agencies. There are two potential scenarios for the ODP, the first uses the existing building which would be repurposed, and the other would demolish the buildings and the property redeveloped for other uses including residential and commercial. Commercial uses would be similar to the City's most restrictive zone district, Neighborhood Commercial (NC). The ODP for an event center shows the existing buildings, expanded parking, three access points (one being for emergency use only) and circulation for the site. Ms. Reckert explained that even though the Structure Map from the Comprehensive Plan shows the property as Neighborhoods, Envision Wheat Ridge, in its totality, supports the zone change. Kipling Street is considered a principal arterial which serves high volume traffic and 32nd Avenue is a minor arterial which serves less volume with a mix of land uses and connects regional destinations. 32nd Avenue is also considered a bicycle corridor by the Transportation Structure Plan and Kipling Street has a recently completed 10 -foot wide multi -use trail that extends from 32"d and Kipling to 44`h increasing pedestrian connections and safety. Ms. Reckert explained that the single family home on the property was built in 1935 as a single family residence but has not been used for that since the 1980's, since then it has been a group home for teens with psychiatric and substance abuse issues for the last thirty years. Staff has concluded that along with the increased land use intensification along the Kipling Corridor, a PMUD zone change for this Planning Commission Minutes -2— October 2_October 20, 2016 property is appropriate because the property is less desirable for a low density residential use and would be a good land use transition between Kipling and the neighborhood. All of the Commissioners expressed concern for this proposal focusing primarily on automobile, bike and pedestrian traffic. Mr. Westberg explained that there are no restrictions planned yet for access into or leaving the property. He explained that during peak traffic hours it may be right in and right out only but until the land use is decided on then it is difficult to predict. Traffic generation and required improvements would be reviewed at the time of Specific Development Plan (SDP) submittal. Additional concerns included the lack of parking on the site and what type of commercial use would be put there in its place. The Commissioners questioned the commercial uses on the property and expressed concern about noise generated by a big event. Ms. Reckert explained the applicant has intentions to improve the parking conditions and add more spaces. With regards to the noise, conditions would be made in the ODP that noise concerns be addressed at SDP. She added that other commercial uses were added as the applicant wanted to have a backup use for the property if the event center didn't carry through. Allison Winlund , Norris Design, represented the property owner 1101 Bannock Street Ms. Winlund explained that the property owner embarked on the possibility of a zone change for the primary purpose of converting the buildings and property into an event center which they believe will be an ideal transition to the neighborhood. Should the event center be unsuccessful, the property owner tried to include a variety of other uses with the PMUD zone change. Pedestrian and vehicular safety will be looked at, at the time of SDP design. With regards to noise and loud music during events; a condition of approval could be added to the ODP that there would be no outdoor music allowed. The capacity of the event center will be determined by building and fire codes. There will be an engineered plan for parking improvements. With approximately 60 parking spaces at a rate of 1 parking space per 3 people, the event center would accommodate 180 people at maximum capacity. Sight distance requirements for the existing access point will be met and landscaping will be evaluated at the time of SDP. Commissioner Bucknam agreed there are some positives for having an event center at this site, but asked why there is no potential redevelopment option if the event center does not work. He would like to see how the site plan would function with a total commercial redevelopment. In answer to a question about the trip generation numbers provided, Mr. Westberg opined that the trip generation provided is on the conservative side. Planning Commission Minutes -3— October 3October 20, 2016 Commissioner TIMMS asked if the current owner has background knowledge of running an event center. Ms. Winlund stated the owners would probably get some professional consulting guidance. Chair OHM asked why there is landscaping conflicts in the Norris design letter. Ms. Winlund agreed there are conflicts and they will be resolved in conversations with staff. Melody Mascarenaz, Resident 62 Hillside Drive, Wheat Ridge Ms. Mascarenaz stated she has lived in the Paramount Heights area for 15 years and is concerned with the proposed zone change and development. She also had issues with the public hearing notification process. She does not agree with the zone change to commercial use especially with potential traffic issues and schools in the area. Other concerns included noise disturbance for the neighborhood and potential overflow parking on neighboring streets. Finally, Ms. Mascarenaz also expressed concern regarding residential property values if the property becomes a commercial use. Jim Mascarenaz, Resident 62 Hillside Drive, Wheat Ridge Mr. Mascarenaz lives in the Paramount Heights neighborhood and enjoys living in a safe, quiet environment and thinks that the zone change will negatively impact the neighborhood and community. Potential impacts include the increase traffic at the Kipling and 32"d intersection, hours of noise, and the potential rezoning of the vacant land adjacent to this site. He also likes the historic value of the site as it is and does not want to see it rezoned commercially. Clark Davenport, Resident 2886 Robb Circle, Lakewood Mr. Davenport indicated he was confused about the submittal only including the event center use and wondered why other commercial uses were added. Ms. Reckert explained that she has been in discussion with the applicant for several years about adaptive reuse for the property. The original submittal included other heavy traffic generating commercial uses such as banks and medical offices and staff required that they be eliminated. Mr. Wallace and Ms. Odean answered questions regarding the noticing for public hearings. Mr. Wallace stated the neighbors are noticed using a 300 feet radius Planning Commission Minutes -4— October qOctober 20, 2016 from the property boundary. Ms. Odean confirmed that the notification letters were mailed out October 5 and Ms. Reckert added that the code states the letters be mailed out 15 day prior to the hearing, but does not address when they are received. Mr. Westberg addressed that a full traffic study was not warranted for the zone change application. He explained that when the applicant comes forward with a specific development plan then it will be determined if a traffic study is required. Ms. Winlund added she and the applicant are willing to work with staff to find modify appropriate land uses for the property. Commissioner TIMMS asked staff if the City —owned event center on Benton (the Richards Hart Estate), which is in a residential area, has had any traffic or noise complaints. Ms. Reckert stated not that she is aware of. Commissioner TIMMS also added this is a unique site in the city and it has been utilized more intensively than a traditional single family use for the last couple of decades. It is not the right site to remain R-1, but the list of potential uses is too broad and his concerns come with a possible redevelopment to intense commercial uses. It was moved by Commissioner BUCKNAM and seconded by Commissioner LEO to recommend DENIAL of Case No. WZ-16-01, a request for approval of zone change from Residential-One(R-1) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP), on property located at 10001 W. 32"d Avenue for the following reasons: 1. The zone change would not promote the safety of the community and would result in a significant adverse effect on the surrounding area specifically regarding traffic and concerns about pedestrian and bicycle safety. 2. Adequate traffic infrastructure may not be available to serve the types of uses allowed by the change of zone particularly if the site is redeveloped per the ODP. 3. The zone change is inconsistent with the Neighborhood designation for the property and surrounding area on the Envision Wheat Ridge land use structure plan. 4. The ODP doesn't adequately address potential redevelopment scenarios; specifically, for more intensive uses such as multifamily as part of a mixed use development. Motion carried 7-0 Planning Commission Minutes -5— October 5_October 20, 2016 A motion was made for a 10 minute recess. B. Case No. ZOA-16-06: an ordinance amending Articles I, II and VI of Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard. Mr. Wallace gave a short presentation regarding the ordinance and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Mr. Wallace reminded the Commission about the 90 -day Emergency 15 -foot bulk plane Ordinance for the R -1C zone district which expires on November 21, 2016, and the discussions that have been held between staff, City Council and Planning Commission. Staff presented to City Council the concerns of Planning Commission that the bulk plane is not the right method of addressing the neighborhood concerns with the height limit, and to look into residential architectural standards instead. Ultimately, City Council still directed staff to move forward with the 15 -foot bulk plane. Mr. Wallace gave a brief overview of the proposed ordinance that will repeal and replace the existing emergency ordinance including proposed changes to the nonconforming structures and uses, new definitions and modifications to the development standards charts. He continued by explaining that the bulk plane standard will apply to the R-1 C zone district as well as single-family homes in the R-3 zone district. The bulk plane will begin 15 feet above each property line then angle in 45 degrees, as measured from the average grade (base plane). There will be some exceptions (allowable encroachments) to the bulk plane such as architectural features and chimneys. There will also be options for variances (threshold) which will be reviewed administratively if under 50% or by the Board of Adjustment if over 50%. Ultimately, the bulk plane does not restrict a builder any more than the current development standards do, but decreases the vertical building area, provides extra space between neighboring properties and limits height. Commissioner BUCKNAM asked if there was any discussion with City Council regarding the conversation between Planning Commission and staff with regards to a community overlay to allow bulk plane to be applied differently depending on the character of the neighborhood. Mr. Wallace stated that comments from the Planning Commission were summarized, including residential architectural standards. City Council directed Staff to move forward with the existing proposed legislation. Planning Commission Minutes -6— October 6_October 20, 2016 Commissioner BUCKNAM asked why multifamily buildings are excluded in the R-3 zone district. Mr. Wallace explained that multifamily buildings have step back requirements already in place so there will be a mix of bulk plane and step back applied to taller buildings. Chair OHM asked if a property owner would be penalized if they live on a sloped lot and the average grade has to be determined to get the bulk plane. Mr. Wallace explained this would be a perfect case for a variance. It's not an automatic approval, but could be supportable by Staff. Carol Matthews, Resident 3851 Hoyt Street, Wheat Ridge Ms. Matthews shared her concern with the height of homes going up in District I and is worried about hardships of the other property owners, drainage from these mass structures and the possibility of the homes being rental properties. Michael Epson, Resident 2905 Chase Street Mr. Epson passed out a petition- signed packet from residents in the neighborhood. The people on this petition do not want large houses built in their neighborhood and are proposing a 12 Moot bulk plane and a maximum height restriction of 25 feet. He also said some neighbors adjacent to these large houses are having drainage problems. Chair OHM asked about the Charter height limit of 35 feet and asked it is voter approved and why it is not being looked at. Ms. Reckert replied that the Charter could not be amended to exceed 35 feet in residential areas, but it could be amended to go lower. Mr. Wallace stated height is on City Council's radar but they directed staff to move forward with bulk plane at this time due to the time limit of the Emergency Ordinance. Height limitations will be considered at a later date. Chair OHM asked if there is anything restricting a resident from putting deed restrictions on their property about a 25 foot height maximum and 12 %z foot bulk plane. Ms. Reckert said they can, but it wouldn't be anything the city could enforce. Planning Commission Minutes -7— October 7_October 20, 2016 8. Commissioner BUCKNAM told staff that he thinks they proposed a reasonable bulk plane and variance applications, but is concerned that it is too universal and should consider the character of the neighborhood. He would encourage City Council to look into the potential for neighborhood overlays which take into consideration the unique characteristics of every neighborhood. It was moved by Commissioner KIMSEY and seconded by Commissioner TIMMS to recommend approval of the proposed ordinance amending Articles I, II and VI of Chapter 26 of the code of laws, concerning the implementation of a residential bulk plane development standards. Motion was denied 1-5-1 with KIMSEY approving; BUCKNAM, DORSEY, OHM TIMMS, LEO denying; and BODEN abstaining. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to adjourn the meeting at 9:52 p.m. Motion carried 7-0. M- Pffil-NOT Planning Commission Minutes October 20, 2016 TammyOc`l�an, Recording Secretary -8—