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HomeMy WebLinkAbout01-17-191. 2. 3 4. 5. 6. City of ]/qrWho6atR,Ldge PLANNING COMMISSION Minutes of Meeting January 17, 2019 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 6:59 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Alan Bucknam Emery Dorsey Janet Leo Scott Ohm Richard Peterson Amanda Weaver Vivian Vos Daniel Larson Staff Members Present: Ken Johntstone, Community Development Director Lauren Mikulak, Planning Manager Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES — November 15, 2018 It was moved by Commissioner DORSEY and seconded by Commissioner PETERSON to approve the minutes of November 15, 2018, 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 January 17, 2019 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS -18-01 & WZ-18-13: An application filed by Wonderland Homes for approval of a 56 -lot subdivision and for approval of a Specific Development Plan for property zoned Planned Residential Development (PRD) and located at 5372-5392 Quail Street. Mr. Johnstone explained that for The City of Wheat Ridge to move forward with public hearings on these two cases a portion of Quail Street's right of way (ROW) on the City of Arvada's side will need to be in place. The ROW acceptance was scheduled for a City Council meeting on January 7, however it did not occur. Mr. Johnstone explained there are some title issues which need to be resolved so staff recommends postponing the public hearing indefinitely. It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to indefinitely postpone the public hearings for Case NO's. WS -18- 01 and WZ-18-03, Quail Run Subdivision Plat and Specific Development Plan, with full new public notice being provided for future Planning Commission public hearing. Motion approved 7-0. B. Case No. WS -18-07: An application filed by TH Yarrow Gardens, LLC for approval of a 89 -lot subdivision for property zoned Mixed Use -Neighborhood (MU -N) and Planned Residential Development (PRD) located at 4255 Yarrow Street and 7955 West 42"d Avenue. Ms. Mikulak gave a short presentation regarding the subdivision 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. Commissioner OHM mentioned he still has concerns regarding the traffic in the area on Yarrow Street which is one lane and if one car wants to turn left on 44th Avenue all traffic backs up. He asked if there could be a designated right turn lane only and no straight or left turn option. Mr. Jefferies said there has been a traffic study and there is a plan to add a signal light at 41" and Wadsworth Blvd. when the Wadsworth project is finished. This will be another way to exit the neighborhood, not just Yarrow Street. He also mentioned there is a potential for adding a light at 44th Avenue and Yarrow, but at this time it is not being looked at due to the widening of Wadsworth. Planning Commission Minutes -2— January 2— January 17, 2019 Roger Loecher Wheat Ridge Resident Mr. Loecher noted he does not have a problem with the townhomes going in at Yarrow Gardens, just the traffic it is going to create. He noted that the property owners (he being one of them) will not allow 41St to be extended out to Wadsworth and if there is a light put at 44th and Yarrow, he feels it will take away from the business parking lot. He feels putting a light at Ammons is a much better idea. Authur Brenner Evergreen Resident, Wheat Ridge Property Owner He asked if the townhomes will be for rent or sale. Commissioner BUCKNAM said it is not pertinent to this case. Commissioner VOS asked if the subdivision development can be reversed until the roads and the flow of traffic get figured out. Ms. Mikulak explained that this case is regarding the lot line adjustment and the traffic study was not re opened and there is no way to unwind the zoning or the plat that is in place. She said that staff shares the concern for traffic but the street is not going to be expanded before the development. It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WS -18-07, a request for approval of an 89 -lot subdivision on property zoned Mixed Use -Neighborhood (MU -N) and Planned Residential Development (PRD) and located at the northwest corner of Yarrow Street and W. 42nd Avenue (approximately 4255 Yarrow), for the following reasons. 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following condition: 1. The revisions requested by the Public Works Department related to labels, notes, and typos shall be addressed prior to the City Council public hearing. Motion carried 7-0. Planning Commission Minutes -3— January 3— January 17, 2019 C. Case No. WZ-18-28: An application filed by GoFarm for approval of a Specific Development Plan Amendment for property zoned Planned Commercial Development (PCD) to allow an accessory structure for local food share distribution located at 7495 West 29h Avenue. Ms. Mikulak gave a short presentation regarding the Specific Development Plan Amendment 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. Mikulak mentioned two other potential locations for the container were added that are not listed in the agenda packet. Commissioner PETERSON asked if the development standards for this shipping container apply to other properties in Wheat Ridge as well. Ms. Mikulak explained that the development standards are specific for this sight only and it is a custom document for this Planned Development. Commissioner PETERSON asked if there is traffic flow preferences for the three locations and said he prefers the northern location because it seems the easiest to get to without blocking any traffic. Commissioner OHM thanked staff for the additional locations because he did not think the original site was good for the code because he felt it could be a front yard accessory building which is not allowed in the code. He also liked the northern- most sight because there are pine trees to help buffer the east side properties and it does not hinder the flow of traffic in the parking lot. He also asked about the Building Department's comment about the structure being attached to the ground. Ms. Mikulak explained the anchoring system is so the structure cannot be moved. Commissioner DORSEY also said he likes the northern site preferably, especially when food deliveries are made and he wondered how the food deliveries are made. Ms. Mikulak reserved that question for the applicant. Commissioner VOS wanted the artwork explained and setbacks. Ms. Mikulak explained the difference between art and signage. She said that any graphic that promotes commercial activity is considered signage. In this instance, the murals will not detract from the sign allowance. Ms. Mikulak added that the minimum setbacks are 30 feet from Wadsworth and 291h Avenue, 25 feet from the 30`h Avenue right-of-way and 20 feet from the eastern property line. Planning Commission Minutes -4— January 4— January 17, 2019 Commissioner LEO asked how this is an associated use to the planned development. Ms. Mikulak said it promotes health and is not limited to the cliental at MCPN, but people buy shares and then come pick up their produce and take it home. She explained it is a complimentary use in providing a public health focus. Commissioner WEAVER asked if GoFarm will be written in to the planning document. Ms. Mikulak said it will be written in as a local food share program. Commissioner BUCKNAM asked if there needs to be a certain amount of transparency and could it be artwork similar to what was done at Sprouts and Lucky's. Ms. Mikulak mentioned that both those sites have master sign plans so artwork and transparencies were a part of the plans. Commissioner PETERSON asked if the advertising on the container will be charged against the signage for the clinic. Ms. Mikulak said no, it is by structure. Lindsey Hoffman GoFarm Employee Ms. Hoffinan explained that not every shareholder picks up food every week so traffic can be very light. She explained that two of the other locations in Golden will receive the food and then a small van will deliver the food to the Wheat Ridge location on Wednesday afternoons and then the van return to Golden. She also said the food will only be located in the container. Ms. Hoffinan also mentioned GoFarm also prefers the northern site as well. Commissioner WEAVER asked about the fee structure. Ms. Hoffman said their mission is to make local healthy food more accessible and affordable. She mentioned they do accept Snap which are food stamps and double up food bucks for the people who are on low-income food programs. Commissioner LEO asked if the container is refrigerated and if so, is there any noise associated with the refrigeration. Ms. Hoffinan said yes the container will be refrigerated, this is how the food remains fresh and there is no noise heard outside the container. She also explained Planning Commission Minutes -5— January 5— January 17, 2019 that if a share is not picked up by Friday or there is extra food left over it is then donated to other GoFarm programs or food banks. Commissioner LEO also wanted to know if a shareholder pays to become a shareholder. Ms. Hoffinan said a shareholder is synonymous with customer, so a person is paying for food. Commissioner VOS asked if the container is 8 x 20 -feet and wondered where the door is located for shareholders to access. She also asked if at a later time tents will be set up outside where those would be located. Ms. Hoffinan answered yes to the size of the container and said the doors are the typical doors at the end of the container. She added there might be a small welcome table outside, then the shareholders will enter the container to collect their food. She added there will always be one employee there to welcome people during the hours of food collection. She mentioned that the tents will be setup next to the container and would fill the rest of the parking space and would not take up any more spaces. Commissioner VOS asked where the container will hook up to electricity. She added she prefers the northern location as well. Ms. Hoffinan said the power is existing such as a light pole and the power cables will be buried. Ms. Mikulak added that the tents would have to be approved by MCPN, and they are allowed by the City as a produce stand which is part of an urban agricultural initiative and all produce stands are allowed in all zone districts in the City. Commissioner DORSEY asked how waste will be hauled away. Ms. Hoffman said the waste, which is minimal, will go to another of their sites and will be composted. We ask shareholders to bring their own bags to take their food home in. Commissioner BUCKNAM asked how long the season for food collection. Ms. Hoffinan said the season is 20 weeks long; it starts the 2nd week in June and goes until the last week in October. She added that GoFarm started a winter share this year which goes from January to April although there is no set plans for a winter share at this site yet. The container will be there year round no matter what. Louise Canjar 3055 Webster Street Planning Commission Minutes -6— January 6— January 17, 2019 Ms. Canjar thinks the GoFarm model is a wonderful, but she does not want to look at a shipping container every day and would prefer to see it located on the 291h Avenue or Wadsworth Blvd. locations not the northern location. Donald Edelen 2935 Webster Street Mr. Edelen also thinks the GoFarm idea is good, but does not want to see the container from his back yard. He has two major concerns: 1) he feels the northern location is not a large enough area for the container. 2) He thinks the container would be encroaching on the setback on the northern location and he also thinks there is an easement on the northern side of the property that he is worried about. Mr. Edelen mentioned he does not want to see outside stands like a farmers market. He would also like to know the hours of operation. He also mentioned concerns about 30th Avenue being connected to Wadsworth Blvd. Lauren Neighbor from Webster Street Ms. Lauren mentioned she does not like the idea of GoFarm and feels the MCPN parking lot should be left alone. Commissioner OHM added some information about the distance from the curb of the northern location to the homes on the north side of the MCPN property. He calculated the distance from the scale on the PCD that is located in the agenda packet and he believes there to be about 130 feet in between the two. He suggested some evergreen trees could be planted as a buffer. Commissioner BUCKNAM asked if there is an answer to the possibility of 30" Avenue connecting to Wadsworth and if there is a grade change from the surrounding properties to the northern location site. Ms. Mikulak responded that the house north of MCPN property is 2 to 3 feet lower than the northern most proposed GoFarm site and Wadsworth sits about 10 feet higher than the eastern side of the MCPN property. She also mentioned there is no plan to connect 30th Avenue to Wadsworth. Commissioner BUCKNAM also asked if the public noticing could be addressed. Ms. Mikulak said there is no neighborhood meeting requirement for an SDP amendment and there is a 300 -foot radius for noticing a public hearing, in addition to two yellow signs, one on 29th Avenue and one on Wadsworth Blvd. She also mentioned that no letters were received and she only received 2 phone calls inquiring about details, but nothing for or against. Planning Commission Minutes -7— January 7— January 17, 2019 Commissioner WEAVER asked if a condition of container placement should be in the motion. Ms. Mikulak responded that currently there is no condition related to placement, only that it be consistent with the SDP. She explained that if there is any contemplation of another location or multiple locations other than the location adjacent to Wadsworth then that needs to be specified in a condition of approval. Commissioner VOS asked if the case could be postponed so the residents could have a discussion with GoFarm. Ms. Mikulak said the City does not get involved with communication between the applicant and the residents, but if they want to have a discussion later, they can, but there will not be a postponement. Commissioner PETERSON asked what the side yard distance is between houses is in this neighborhood and the distance from the front of one house to the front of another house across the street. Ms. Mikulak explained the side setbacks are 5 to 15 feet on an individual lot so the homes can be 10 to 20 feet apart. The front yard setbacks are a minimum of 25 feet so including right-of-way there can be about 90 feet in-between the front of the homes. Commissioner PETERSON wanted confirmation that the distance between the nearest house and the container, in the northern location is greater that the distance between homes in this neighborhood. Ms. Mikulak confirmed this to be true. Commissioner OHM asked if the initial location on the western site is considered to be in the front yard setback which is not allowed in the City's code. Ms. Mikulak explained that the container, doesn't sit in any yard because it is outside the 50 -foot setback to Wadsworth. Also, the standards are dictated by the requirements for this property in the Planned Development; so the other standards, in other zone districts, do not apply. Commissioner LEO asked what type of fence is on the eastern side of the MCPN property. Ms. Mikulak said it is a solid fence and is 6 feet in height and runs the length of the property. Planning Commission Minutes -8— January g— January 17, 2019 Commissioner DORSEY asked if the container could be put on the pad on the bump out close to the northern site which would place it further away from the homes and not take from parking spaces. Eileen O'Rourke Founder & CEO of GoFarm Ms. O'Rourke said the MCPN manager does not want to disrupt the landscaping and preferred the parking spaces. Commissioner Peterson asked if the container could be placed on the east side of the 12 parking places instead of the west side of the northern site. Ms. O'Rourke explained there is a light pole on the west side of the 12 parking spaces and the power runs from the MCPN building to the light pole and that is where they will tap into the power. Ms. Hoffman added that the GoFarm mission is to increase access to local healthy food and to be an asset in the community, not a hindrance. There is not a lot of activity around the GoFarm container. She mentioned that some of their locations have winter shares and she would love for anyone to visit and check them out. It was moved by Commissioner WEAVER and seconded by Commissioner OHM to recommend APPROVAL of Case No. WZ-18-28, a request for approval of an amended Specific Development Plan providing for accessory use and structure related to local food distribution on property zoned Planned Commercial Development and located at 7495 W. 29t' Avenue, for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. The proposed use and structure does not diminish the quality of the project and is not detrimental to the site or vicinity. 5. All responding agencies have indicated they have no concerns with the proposal. 6. The specific development plan is in substantial compliance with the criteria for review. With the following conditions: 1. The new structure shall be consistent with the ODP and SDP subject to staff review and approval through review of a building permit. Planning Commission Minutes -9— January 9— January 17, 2019 2. Electrical service shall be provided underground and not overhead. 3. There are three proposed, sites if the north site is selected, landscaping needs to be addressed for buffering issues. Commissioner PETERSON is hesitant to force GoFarm into planting expensive trees on the northern site because he is afraid GoFarm will go away and he doesn't want that to happen. He reiterated the space from container to nearby houses is greater than distance from house to house. Commissioner OHM confirmed the cost of the trees will be inexpensive and the underground electricity will cost more. He would rather see the container on the north site because he does not want other commercial properties to think they have a right to put a containers along Wadsworth, if placed on the western site. He also likes the traffic circulation on the north site on this property. Commissioner LEO thinks the fence on the back of the neighborhood properties should be enough screening. Commissioner WEAVER said she is in support of GoFarm; it will be an asset and not a detriment to the community. She explained it is a great way for the community to access healthy food and it is not a farmers market Commissioner BUCKNAM added he thinks the name of GoFarm is ideal for Wheat Ridge since it is the home of the Wheat Ridge Farmers, the local high school. He has seen the containers in Golden and thinks it is a great model and idea and he likes the relationship with MCPN. He also likes the flexibility of the three different sites on the property. Motion approved 7-0. D. Case No. ZOA-18-05: An ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws to regulate the creation of flag lots. Mr. Johnstone gave a brief explanation of flag lots, access to a street and a history of previously approved subdivisions with flag lots. Commissioner PETERSON asked if there can be more than one flag made in a subdivision. Mr. Johnstone and Ms. Mikulak said yes, but the access point would usually have to be wider, and it would depend on utility districts requirements. Commissioner OHM said he is glad to see there will be a hearing process for flag lots although he wondered how often this is going to happen. Planning Commission Minutes -10— January 10— January 17, 2019 Commissioner VOS asked why there is any subdivision under administrative review and not public hearing. Mr. Johnstone explained that usually a lot is oversized and follows all the development standards after a two lot split, but in some communities the neighbors have had some concerns with so staff is looking at the subdivision only with flag lots going through a public hearing process. Commissioner BUCKNAM likes the fact that there is administrative review because it frees up time for more substantial cases. He feels that maybe the public is wanting to be notified about such flag lot subdivisions and they were not. Mr. Johnstone agreed and added there will probably not be too many cases heard regarding flag lots. Commissioner VOS asked how a flag lot would differ from adding an accessory dwelling unit to a property. Mr. Johnstone said that a flag lot is a legal residential lot with a dwelling. He explained the lot being subdivided could eventually have two separate owners. Ms. Mikulak added that the flag log is not a secondary lot, it will have to meet all the development standards like the front lot in terms of area and width. She said it has to be a developable lot. Commissioner OHM asked if there could be a neighborhood average to determine lot width and size that could trigger noticing for a subdivision. Mr. Johnstone explained that subdivision are considered ministerial actions, meaning that if all the boxes are checked it should be approved. There is not much discretion, the owner is still complying with the zoning that is already in place and that is why there is not a notice sent to the neighbors, but there will be with the new ordinance for any subdivision containing a flag lot. Ms. Mikulak added that the zoning is in place and neighbors are not notified for building a garage or a shed for example, which is also the same for a minor two lot subdivision; if all the boxes for the development standards can be checked, then there is no notification. Commissioner Peterson asked if the pole of the flag lot is included in the minimum lot size. Mr. Johnstone explained it is included, but staff still makes sure the lot is buildable and a variance would not be supported after a lot has just been created. Planning Commission Minutes— January 17, 2019 It was moved by Commissioner PETERSON and seconded by Commissioner OHM to recommend APPROVAL of Case No. ZOA-18-05, a proposed ordinance amending Chapter 26 to regulate the creation of flag lots. Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS Ms. Mikulak mentioned there will be Planning Commission meeting on February 7 and the March 21 meeting will include a study session with the NRS. She added there will be an online survey that will be out in February and a study session with City Council on March 18. 10. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner LEO to adjourn the meeting at 9:25 p.m. Motion carried 7-0. Alan Bucknam, Chair Planning Commission Minutes January 17, 2019 Tammy Odea, RecordingSecretary -12—