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PLANNING COMMISSION
Minutes of Meeting
January 18, 2018
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 29h 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
Amanda Weaver
Vivian Vos
Dirk Boden
Donna Kimsey
Kenneth Johnstone, Community Development
Director
Scott Brink, Public Works Director
Zack Wallace Mendez, Planner II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner BUCKNAM and seconded by Commissioner
WEAVER to approve the order of the agenda. Motion carried 6-0.
5. APPROVAL OF MINUTES — December 7, 2017
It was moved by Commissioner DORSEY and seconded by Commissioner
WEAVER to approve the minutes of December 7, 2017, as written. Motion carried
6-0-1 with Commissioner LEO abstaining.
Planning Commission Minutes
January 18, 2018
-1—
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.
7. PUBLIC HEARING
A. Case No. WZ-16-07: an application filed by Evergreen -Clear Creek Crossing,
LLC, for a zone change from Planned Commercial Development (PCD) to Planned
Mixed Use Development (PMUD) with an Outline Development Plan, Design
Pattern Book and Vision Book on property located west of I-70 between Clear
Creek and 34th Avenue (approximately).
Mr. Wallace Mendez gave a short presentation regarding the zone change 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 and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner BUCKNAM asked how the bike parking in the Design Pattern
Book compares to the bicycle parking requirements in the Mixed Use code.
Mr. Wallace Mendez said the bike parking regulations are consistent with the
Mixed Use code. He added that bike connectivity was extremely important for this
site.
Commissioner DORSEY asked about the I-70 hook ramp and has concerns about
safety and wondered if a hook ramp is necessary.
Mr. Brink said the concerns are valid and there have been numerous studies done
by CDOT, which included looking at the weave patterns to ensure that I-70 is not
adversely impacted. The proposed changes will remove the westbound I-70
entrance from 32nd and Youngfield and re-route through the Clear Creek Crossing
site.
Commissioner VOS asked what employment use entails compared to retail use.
She also asked how many acres are in Clear Creek Crossing (CCC) and how it is
broken down in each Planning Area.
Mr. Wallace Mendez explained that retail use is primarily where people go to shop
and employment use is where people go to work like an office building. He added
the total acreage is approximately 109 acres and the acreage in each Planning Area
is broken down on page 2 of the ODP.
Commissioner VOS also asked about the use list and it being updated.
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Mr. Wallace Mendez explained the uses were originally approved in 2005 when
Cabela's owned the site were largely retail and commercial in nature; then in 2011
it was approved for a smaller Cabela's and a Super Walmart, the uses mainly
limited to retail and commercial. The uses for this proposed rezoning have been
expanded to include more employment and residential uses which will be allowed
in several districts.
Commissioner LEO thought the information provided is very thorough and she is
looking forward to seeing the site plan as it moves forward.
Commissioner WEAVER asked where most of the traffic comes in and out of the
Clear Creek Crossing site, in addition to bike traffic
Mr. Brink explained most of the traffic will be coming into the site from I-70. He
added that connectivity will be accommodated from all over with bike/pedestrian
access and there will also be a transit center for RTD.
Commissioner BUCKNAM also wanted to know if PA 5 and PA 6 have been
broken apart due to elevation and grade change.
Mr. Wallace Mendez and Mr. Johnstone said there will be a tiered design from PA
5 to PA 6 because PA 5 does sit in a hole so there will be a grading transition.
Commissioner OHM noted two ballot issues that were approved by voters in 2009
to exempt certain areas of the City from the City Charter's height and density
limits and asked if the Clear Creek Crossing site was located in one of these areas.
Mr. Johnstone said CCC is exempt from the charter for height restrictions.
Commissioner OHM also asked about the uses not conforming to the Mixed Use
Commercial zone district or why not make this site a Mixed Use Transit area.
Mr. Johnstone explained the developer is looking for some flexibility due to the
fact that this is a challenging site and it is also a highway site which lends itself to a
variety of uses.
Commissioner OHM also asked what the percentage of total square footage
contains residential at the ground floor level.
Mr. Johnstone replied that is an unknown right now. Residential uses are allowed
in PA 1, 2, and 6, so we don't know right now exactly where the residential uses
will end up, and how much will be built. Mr. Johnstone also noted that another
aspect of this project, which is on hold pending approval of the zoning documents,
is the determination if this development is part of a public/private deal and if the
City will be investing additional dollars into the project. If this is the case, and tax
increment financing is utilized that will likely limit the number of residential units
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on the project due to the revenue and taxes generated compared to retail and
commercial uses.
Tyler Carlson, Evergreen Development, applicant
1873 S. Selair St., Ste. 1200, Denver
Mr. Carlson presented a video before his presentation which provided the
developer's vision for the CCC site.
Mr. Carlson explained that a number of man hours and money have gone into
transitioning this property to a long term community asset and to create a mixed
use environment. He gave some history of the site and the phasing of its
improvements. The vision is to make this a great mixed use community that is
synergistic and symbiotic. He also explained that another goal is to improve
connectivity in the community through circulation and through the physical inter-
connectivity with RTD and existing and proposed trail systems.
Mr. Carlson then gave a brief description about each of the Planning Areas and
answered Commissioner VOS' question about who the owner of PA 8 will be. He
said the owner is Long's Peak Metro District and it will strictly be open space.
Commissioner VOS has concerns about views being blocked for people on the east
side of the highway and the light that the site will generate at night from signage
and parking lights. She also has concerns about some of the businesses being in
operation 24/7.
Mr. Carlson explained that there is strict parking lot lighting standards that will be
finalized with staff and will require downward lit low profile fixtures; it will be
less light intrusive than the Applewood Shopping Center across I-70. The signage
will follow the building frontage and will dictate the size of the signage. The signs
will be on at night, but again the properties across I-70 are commercial and not
residential so their lights will be on as well. Mr. Carlson addressed the 24/7
concern and said because this site is located adjacent to a highway some business
will be open 24/7, for example, fueling stations and some restaurants. This project
will impact people's lives, maybe good and bad, but what is being proposed is less
intrusive than. other developments.
Max Stich,1000 East 16th Avenue, Denver
Legal Counsel for Lutheran Hospital
Mr. Stich said the few points he wants to make are in regards to the health, safety
and welfare of the community. First, he said the uses for PA 1 were not listed in
the original packet submitted to the neighborhood. He felt the neighborhood could
not respond because hospital use was not included. The second point Mr. Stich
wanted to address is that a portion of PAI is in the 100 year flood plain and per
code a hospital cannot be built in a 100 year flood plain. He also stated that most
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of PAI is within the 500 year flood plain and it is recommended by the EPA, but
not required that the community regulate a hospital in a flood plain to promote the
health and safety of the community. He stated the hospital use needed to be looked
at more critically in terms of lighting, traffic, and noise. He suggested hospitals be
removed from PA 1 or the decision be stayed until the community is informed of
the proposed hospital use.
Carol Salzmann, 8300 West 38t' Avenue, Wheat Ridge
VP of Community and Government Affairs at Lutheran Medical Center
Ms. Salzmann said she would like to see a delay on the Clear Creek Crossing zone
change because Lutheran was notified of a possible hospital use at CCC just two
weeks before this meeting and there has been no opportunity to figure out the
impact this will have on the hospital, its employees, and community partners. In
speaking on behalf of Lutheran, she stated they believe in economic development
in the City, but are concerned about the proposed hospital use, and wants more
time to review and understand the impacts this may have on the largest employer in
Wheat Ridge. She did state she likes the rest of the CCC proposal and believes it
will be welcomed in the community.
Bruce Waring, 3320 Oak Street, Wheat Ridge
Resident
Mr. Waring stated he likes the overall contribution of this project to the
community. He is concerned about the broad change in the zone change uses
because of the possible duplication of the hospital uses in the community.
Mr. Carlson replied to some of the public's comments and stated that in December
of 2016 when Evergreen development closed on this site the main anchor was
Walmart, which also had concerns from the neighbors. In June of 2017 Walmart
pulled out of the deal, which from a development perspective was catastrophic to
the project, due to the large amount of infrastructure that needs to be build, which
is difficult without an anchor tenant. During the search for a new retail anchor
there was zero interest, so the search moved to the employment sector and
Evergreen was approached by multiple health care systems interested in this site.
Mr. Carlson explained that hospitals have been beneficial to regional centers like
this proposal, and cited a few examples around the metro area. Mr. Carlson also
explained this is an appropriate site for a hospital because of the highway access
with no single family homes adjacent to the PAI site. He also added the hospital
use for this site has always been proposed as a permitted use. In response to PAI
being in the 100 year flood plain, he stated that is an incorrect statement, but it
does sit in the 500 year flood plain. If a hospital does come in, it will be up to
them if they want to change the grading to take the hospital out of the flood plain
and comply with the recommendations of the State.
Commissioner BUCKNAM asked to see a slide of the flood plain for this site.
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Mr. Carlson pulled up a slide from his presentation and explained the 100 year
flood plain is primarily contained in the Wagon district, PA8, and only touched
PA1 by a couple of feet.
Commissioner VOS proposed a motion for continuance for two reasons: 1) The use
schedule hasn't been publicized to the neighborhood in a neighborhood meeting
and, 2) 24/7 facilities not be in the use chart. There was not a second to this
motion so it failed.
Mr. Johnstone spoke about the neighborhood meeting which occurred in the fall of
2016 and its purpose was to gather broad noticing of 600 feet around the site which
is then given high level information about a possible application submittal. The
application was submitted in December of 2016 with a hospital being listed as a
permitted use. Mr. Johnstone added there was no improper disclosure of when
hospitals became a permitted use in the proposed ODP.
There was then additional discussion about a hospital being a conditional use
compared to a permitted use.
Mr. Johnstone added that a conditional use is an administrative review and to make
it a conditional use will make it difficult for the developer to market the property
moving forward, as the use would be discretionary. Conditional uses are currently
contemplated in the Mixed Use zone districts as uses they may have different
vehicular patterns that are appropriate to regulate a little more closely. Mr.
Johnstone added it would be complicated process for both Staff and the developer
to advise a major medical user if they are going to build a multi-million dollar
hospital, when the use is up to discretion, they won't take that risk. Mr. Johnstone
said he understood the concern being raised, but thinks the Conditional Use Permit
process as a practical solution deserves much more discussion.
Commissioner BUCKNAM said he does not feel hospital use should be excluded
from the list of uses. It would be easy to grade the property to get it out of the 500
year flood plain and believes it is up to the market to decide if Wheat Ridge needs
another hospital. He added that from a planning perspective, a hospital on this site
would be appropriate.
Commissioner LEO understands all the hospital concerns but thinks the
Commission should concentrate on the zone change.
Commissioner OHM discussed adding a condition to the motion for 50% of ground
floor level being nonresidential for the entire site.
There was discussion with Mr. Carlson and staff on the intent on nonresidential at
the ground floor level. Mr. Johnstone agreed staff will work on the language
before it is presented to City Council.
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It was moved by Commissioner BUCKNAM and seconded by Commissioner
WEAVER to recommend APPROVAL of Case no. WZ-16-07, a request for
approval of a zone change from Planned Commercial Development (PCD) to
Planned Mixed Use Development (PMUD) for property located west of
Interstate 70 between Clear Creek and 341 Avenue, approximately, for the
following reasons;
1. The proposed zone change will promote the public health, safety, or
welfare of the community and does not result in an adverse effect on
the surrounding area.
2. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan, which calls for a Regional Commercial
Center on the site.
3. The proposed rezoning is necessary in order to provide for a
community need that was not anticipated at the time of adoption of the
City's Comprehensive Plan, namely a more diverse mix of uses which
responds to market demands, mitigates transportation impacts, and
yields a more robust development.
4. The proposed zoning includes a circulation network that supports the
City's goals related to bicycle and pedestrian connectivity,
5. The proposed zoning establishes enhanced design controls related to
site design, building design, materials, and landscaping that will result
in a high-quality development.
6. The criteria used to evaluate a zone change support the request.
With the following conditions:
1. There be an addition of maximum residential height of 65 feet in PAL
2. At least 50% of the proposed total square footage at the ground floor
level shall contain nonresidential uses across all Planning Areas.
Motion carried 5-1 with Commissioner VOS voting against.
8. OLD BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
It was moved by Commissioner WEAVER and seconded by Commissioner LEO to
adjourn the meeting at 9:25 p.m.
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January 18, 2018
r C'
Boden, Vice Chair Tammy Ode , Recording Secretary
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January 18, 2018