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HomeMy WebLinkAbout06-21-181. 2. 3. 4. 5. 6. City of `/ Wheatl�id�ge PLANNING COMMISSION Minutes of Meeting June 21, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam Emery Dorsey Daniel Larson Janet Leo Richard Peterson Vivian Vos Scott Ohm Amanda Weaver Zach Wallace Mendez, Planner II Scott Cutler, Planner I Steve Nguyen, Engineering Manager Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner PETERSON to approve the order of the agenda. Motion carried 6-0. APPROVAL OF MINUTES — June 7, 2018 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of June 7 2018, as amended. Motion carried 5-0-1 with Commissioner PETERSON abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes June 21, 2018 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-18-10: An application filed by US Retail Partners, LLC for approval of a Specific Development Plan for a restaurant for property located at 3298 Youngfield Street. Mr. Cutler gave a short presentation regarding the Specific Development Plan 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 VOS asked who will be maintaining the landscaping on the property and in the right-of-way. Mr. Cutler said it is the responsibility of the property owner. Commissioner LARSON asked if the Chili's restaurant is part of the parcel and if it shares the zoning. Mr. Cutler explained it is all under the same Planned Development zoning and nothing will be changing with the Chili's restaurant. Commissioner Peterson mentioned he will welcome the landscaping along Youngfield Street. Commissioner BUCKNAM asked for information about the Bicycle and Pedestrian Master Plan along Youngfield and what the bike access will be like. Mr. Cutler mentioned that a 4 -foot substandard sidewalk is currently in place, but the project will replace it with an 8 foot detached sidewalk. Mr. Nguyen explained that the sidewalk will be widened not only for better bicycle and pedestrian access but also to meet the ADA requirements. Tom Metzger, applicant 8480 E. Orchard Rd, Greenwood Village Mr. Metzger did not have anything to add; he thought Mr. Cutler gave a fine presentation, but would answer any questions. Commissioner Larson asked if power lines in the drawings will stay. Planning Commission Minutes -2— June 2— June 21, 2018 Mr. Metzger said he is working with the City and Xcel to bury the power lines. Commissioner VOS asked to have the lighting in the project explained. Mr. Cutler explained the symbols and letters across the bottom of page 5 of the SDP explain the types of lights being used. These will include pedestrian and street lighting and it will show the exact specs for each light. Mr. Metzger added there will be interior LED parking lights and new street lighting along Youngfield Street which will also be LED. Commissioner BUCKNAM asked if West Metro Fire's concerns have been addressed. Mr. Cutler said the West Metro Fire issues have been resolved, there are just a few outstanding comments from Public Works comments that need to be answered, but nothing that will change the plan. It was moved by Commissioner VOS and seconded by Commissioner PETERSON to APPROVE Case No. WZ-18-10, a request for approval of an amendment to the Specific Development Plan for property located at 3244 and 3298 Youngfield Street, for the following reasons: 1. The Proposal is consistent with the City's guiding documents including the I-70/Kipling Urban Renewal Plan. 2. The proposed SDP is consistent with the approved ODP document and the Architectural and Site Design Manual. 3. The Criteria used to evaluate the SDP have been met. With the following condition: 1. The applicant shall continue working with utility and service providers, including the Fire District, to meet all applicable requirements. Motion passed 6-0. B. Case No. WZ-18-12: An application filed by Copper Forest, LLC for approval of a zone change from Neighborhood Commercial (NC) to Mixed Use -Neighborhood (MU -N) for property located at 4288 Youngfield Street. 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. Mr. Wallace Mendez also Planning Commission Minutes -3— June 3— June 21, 2018 entered into the record a letter from Jefferson County Head Start regarding their concern about the specific use for this property. Commissioner PETERSON asked if the existing businesses will remain when the Tap House opens. Mr. Wallace Mendez said he did not think so, but will defer the question to the applicant. Commissioner PETERSON then asked about Section 26-1105 of the code, Building Placement and Orientation. He mentioned the building has a Youngfield Street address, but the driveway is off 42nd Avenue and this has placed a lot of concern in the neighborhood and with Jefferson County Head Start. He asked if an entrance can be established on Youngfield Street and the 42nd Avenue entrance be taken away, perhaps as a condition of approval. Mr. Wallace Mendez explained Youngfield Street falls under the jurisdiction of the Colorado Department of Transportation (CDOT), and a right-of-way permit would need to be applied for and granted by CDOT in order to allow access from Youngfield Street. The City can't guarantee CDOT would allow this access point, especially given that 42nd Avenue is so close by, and provides an alternative access point. Staff was unsure this was a realistic condition of approval that could be met. Mr. Wallace Mendez added that if the Commission felt strongly about this, a more appropriate condition would be to ask the applicant to apply for a CDOT access permit, but not mandate access from Youngfield Street. Mr. Cutler added he believes this section of the code is related to pedestrian access to the building, not vehicular access to the parking lot. Discussion then continued about access to and from the site. Commissioner DORSEY asked about a fence to isolate the subject property from the Jefferson County Head Start property. He mentioned he would like to see it as a condition of the motion if approved. Mr. Wallace Mendez said this would be a part of the site plan. Commissioner VOS asked for definition of tap house and brewing at a tap house. Mr. Wallace Mendez said the applicant does not plan on brewing any beer at this site. He explained that the phrase "tap house" is being used by the owners as part of the Copper Forest name, and does not relate to any City definitions. This type of business being proposed for the site is considered a bar by the City. Commissioner BUCKNAM added there may be some confusion and a tap room is usually found in a brewery for tasting. He does not believe there will be a tap room in this facility. Planning Commission Minutes -4— June 4— June 21, 2018 Commissioner VOS asked about the overgrowth of landscaping to the east of the property and wondered if it will be cleaned up by the property owner of the City. Mr. Wallace Mendez deferred that question to the applicant. Commissioner LEO asked exactly where the Head Start School is in relation to the said property. Mr. Wallace Mendez said the school is directly to the east. Commissioner BUCKNAM asked who the property owner to the north of said property belongs to. Mr. Wallace Mendez it belongs to CDOT. Commissioner BUCKNAM asked if a brewery could be built if the property remains Neighborhood Commercial (NC). Mr. Wallace Mendez said a microbrewery requires a Special Use Permit in the NC zone district. Commissioner BUCKNAM wanted the difference of Mixed Use -Neighborhood and Mixed Use -Commercial explained. Mr. Wallace Mendez said that in terms of intensity MU -N is less intense and would be more appropriate for a neighborhood buffer. Commissioner BUCKNAM asked if the applicant wants to pursue another use how would the height in the MU -N zone district be applied. Mr. Wallace Mendez said that if there is any residential component the height limit is 35 feet, if strictly commercial then 50 feet is the limit. Commissioner Peterson asked about the proposed 2"d entrance/exit point to the property. Mr. Wallace deferred this question to the applicant and said is the City has not approved a secondary access point on 42"d Avenue. If the applicant would like to make that request it would be reviewed during the Site Plan process. Barbara McEahern, applicant 4288 Youngfield Street, Wheat Ridge Ms. McEahern gave a little history about when the property was purchased and mentioned that her and her husband's business, Radiant Property Management, is Planning Commission Minutes -5— June 5— June 21, 2018 located in the building along with several other tenants. She explained the office rental rates don't cover the property taxes, utilities and other expenses for this site, but maintaining the integrity and character of the log cabin is very important to her. After brain storming other options with her business partner, they came up with the idea of a tap house that would offer Colorado beers and wines. She explained the name "Tap House" comes from the taps behind the bar for the wine and beers. Some other questions she can't answer yet because their plans are on hold, pending the final outcome of this zone change request. Ms. McEahern explained one thought for the 2nd entrance to the site is for when the parking lot is expanded and the drive would go around the building to have a drive in and drive out points. She also mentioned that 30 dead trees at the rear of the property have been removed and the plan is to bring in more trees to make the landscaping look better. There is no plan for a restaurant, but they would like to have a food truck. She also explained there will be minimal overlap for the hours of operation with the Head Start School. She also mentioned they plan on putting up a fence in between the school's property and the Tap House. There will also be a shed constructed for storage and a trash enclosure. Commissioner VOS asked about the deck on the east side of the building and wondered why it would not be on the west side where the view is. Ms. McEahern explained there is more room on the east side as well as less noise from the highway. She also said the landscaping will be redone and much nicer to look at from the deck. Commissioner VOS also questioned Staff about the shed, she thought out door storage was not allowed in MU -N zone districts. Mr. Wallace Mendez explained that items stored out in the open is considered outdoor storage; items stored in a shed is not considered outdoor storage. Commissioner VOS wanted confirmation there would not be tenant spaces in the building along with the Tap House. She also questioned a bar being able to cover property taxes and utilities as opposed to the current use. Commissioner VOS also asked if the food truck food will be allowed in the establishment. Ms. McEahern explained all the tenant leases are up at the end of January 2019 and the only office space will be for the Tap House. She also explained that the Tap House will only need to sell on average 56 drinks a day to cover the property taxes. She also added food will be allowed in the establishment from the food truck. Commissioner VOS asked how big the deck will be. Ms. McEahern explained she has not thought that far ahead, but big enough for outdoor seating and a fire pit. She added there will still be a large buffer between the cabin and the Head Start School. Planning Commission Minutes -6— June 6— June 21, 2018 Commissioner LARSON asked what the next step in the process is for the applicant if the zone change is approved. Mr. Wallace Mendez said it will be a site plan which is administratively reviewed. Commissioner LARSON also asked about the food truck being moved on and off the site. Ms. McEahern said there are regulations that the food truck has to follow and will be separate from the Tap House. Commissioner LARSON asked where the trash will be located and if the signage will be changed. Ms. McEahern said the trash will be enclosed and there will be no new signage, as they plan on using the existing sign cabinets already in place on the property. Commissioner BUCKNAM asked Ms. McEahern if she has considered the impact on traffic even from the nearby Greenbelt bike path. Ms. McEahern said she will welcome the bicycle and pedestrian traffic from the Greenbelt and there will be bike racks in front of the Tap House. Mr. Wallace Mendez, in response to traffic questions, added there are currently traffic counters being set up at 42nd Avenue and Xenon Streets for another development and the Public Works Department will assess the results to determine what actions may be appropriate to mitigate traffic impacts on the local neighborhoods in the area. Gail Perryman, Head Start Director 5150 Allison Street, Arvada Ms. Perryman mentioned she has concerns with a liquor establishment being next to the Head Start School and the start time for the Tap House. She explained the School's parking lot separates the school and the cabin property and some of the students do not get picked up until 5:30p.m. Ms. Perryman would like to see a fence put up on the property line. She also has a concern about traffic issues. Matt Martin, DBC Irrigation Supply 12750 West 42n1 Avenue Mr. Martin said he has concerns with traffic at 42nd and Youngfield and the possibility of people parking in his business' parking lot and leaving cars overnight. Planning Commission Minutes -7— June 7— June 21, 2018 Courtney Hartman, Jefferson County Attorney's Office 100 Jefferson County Parkway, Golden Ms. Hartman fundamentally thinks it is not a good idea to have a bar next to a school. She would like to see the trash be located on the Northwest side of the property and she would like the site plan and special use permit process clarified. Mr. Wallace Mendez explained that if the rezone is approved, a site plan will be required, and that is reviewed administratively. He also explained that if there was not going to be a rezone then the applicant would have to apply for a Special Use Permit for a microbrewery (which would require production onsite). If there is any opposition during the Special Use Permit process, then the request will be forwarded to City Council for review and final decision. Mr. Wallace Mendez also explained that the applicant will also have to apply for a liquor license which requires a public hearing process. If the Tap House were to ever change ownership then the new owner will have to apply for a liquor license. Other Public concerns addressed by staff: • Potential conditions of approval (Hours of operation and fence) Mr. Wallace Mendez explained that hours of operation would probably be addressed during the liquor license process, but a fence separating the school and Tap House could be added as a condition to the motion. • Traffic study results Mr. Wallace Mendez said he wasn't positive when the 42nd and Xenon traffic study results will be available, but it will be sometime before July 9. • Parking lot concerns Mr. Wallace Mendez said within the restaurant category there is a minimum of 4 spaces per every 1000 square feet to a maximum of 10 spaces per every 1000 square feet. Staff will make sure the site plan complies with these parking regulations. He also said that if patrons are parking on other properties then the police department can be called because it is considered trespassing. Mr. Cutler mentioned that ADA spaces will be added and will meet the requirement. • Trash location Mr. Wallace Mendez said staff would have to look at the mixed use code sections and have a conversation with the applicant on the placement of the Planning Commission Minutes - 8 — June 21, 2018 building. Mr. Cutler added the code says trash does need to be enclosed and cannot be visible from the street. Commissioner VOS ask if the applicant and the Head Start School have had a conversation. Ms. McEahern responded no. Commissioner VOS also recommended to Mr. Martin that his business put up No Parking signage and chains across the entrance of his parking lot, during off business hours. She also asked staff about a traffic survey being done at Youngfield. Mr. Wallace Mendez said that would be a question for Public Works. Commissioner PETERSON asked about having a no parking zone on 42nd Avenue. Mr. Wallace Mendez had a conversation with Public Works about this issue and because it is a public street then no parking zone cannot be enforced; the police department can enforce parking laws if driveways are being blocked. He also explained that if safety issues arise due to parking on the street then Public Works can identify if No Parking signs or other solutions would be adequate at that location. Commissioner PETERSON asked about the drop off/pickup times at the school and how many children attend. Ms. Perryman said there are 64 maximum children allowed at the school and there are 15 minute staggered drop off and pickup times. Commissioner PETERSON did not feel the traffic study currently in process will provide good evidence for the traffic coming and going to the Tap House. He feels the City can't control the traffic on Xenon or 42nd from going to or coming from the Tap House. Mr. Wallace Mendez added if the applicant wants to put up a no left turn sign coming out of their driveway it is their prerogative but the City cannot enforce it. Commissioner VOS said she would like the applicant and the Head Start School to have a conversation for good relations between property owners if the zone change is approved. Commissioner BUCKNAM thinks this MU -N zone change will be a good choice for this neighborhood and will give the property more flexibility in the future. Planning Commission Minutes -9— June 9— June 21, 2018 It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-18-12, a request for approval of a zone change from Neighborhood Commercial (NC) to Mixed Use -Neighborhood (MU -N) for property located at 4288 Youngfield Street, 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. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. With the following condition: 1. Add to site plan the installation of a 6 -foot barrier fence of appropriate height between the Head Start School and the subject property to limit access to the school ground and mitigate noise. Motion Carried 5-1 with Commissioner PETERSON voting against. C. Case No. WZ-18-14: An application filed by RJP Investment Trust for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6701 West 40 Avenue. 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 VOS wanted to confirm that Commercial Zone Districts can allow residential uses, but Residential Zone Districts cannot allow commercial uses. Mr. Wallace Mendez generally agreed, but clarified. Residential uses in commercial zone districts are very limited and subject to very specific location and size limitations. General commercial uses are prohibited in residential zone districts, with the exception of home occupations, in which someone operates a small business from their home. This, again, has a list of criteria that must be followed, and is limited in nature. Planning Commission Minutes _10— June 10— June 21, 2018 Commissioner BUCKNAM asked if the property boundary to the north contains part of the property to the north, due to the relationship of the fence and asked if it could affect the zone change. Mr. Wallace Mendez said that the parcel lines on the City's maps come from the Jefferson County Assessor's office, and represent taxable parcels and should not be used to determine legal lot line locations. While the maps are typically a bit off, Mr. Wallace Mendez did agree that a rather large portion of the property to the north appeared to be within the limits of the subject property. It is possible that previous owners had a handshake agreement to utilize that portion of the property, or a similar situation. In any case, Mr. Wallace Mendez said that the zone change will apply to the boundary of the legal description for the subject property. Robert Potrykus, applicant 1410 Carr Street, Lakewood Mr. Potrykus gave a brief description of this property he has owned since 2013 and said some of his tenants would like it to be live/work property and that is why he is asking for the Mixed -Use zone change. Commissioner LEO asked if anybody is living there now. Mr. Potrykus said nobody lives there at the moment. The current tenant, an Allstate Insurance agent, has inquired about a live/work arrangement. Mr. Wallace Mendez added he forgot to mention that the structure was originally built as a home in 1910, but converted to a commercial structure in the 1980's. Commissioner VOS confirmed if MU -N would allow 35 feet for residential and 50 feet for commercial, and how parking would fit on the site. Mr. Wallace Mendez said it would be unlikely the site could support a 5 story (approximately 50 foot tall) commercial building, as it is unlikely a parcel this size could support the amount of parking a building like that would require. With regards to residential parking, a minimum of 1 space per unit with maximum of 2.5 spaces is allowed. Commissioner BUCKNAM asked if there could be underground parking. Mr. Wallace Mendez said yes, underground parking is allowed. He added that it is expensive and the Code does have standards for such structures that would need to be followed. Commissioner VOS asked if landscaping would be required. Planning Commission Minutes— June 21, 2018 Mr. Wallace Mendes said if the property is redeveloped then it would have to follow the landscaping requirements. It was moved by Commissioner LEO and seconded by Commissioner VOS to recommend APPROVAL of Case No. WZ-18-14, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6701 West 44th Avenue, 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. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 6-0. 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner PETERSON to adjourn the meeting at 9:20 p.m. Motion carried 6-0. D A an Bucknam, Chair Tammy O Recording Secretary Planning Commission Minutes -12— June 12— June 21, 2018