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HomeMy WebLinkAbout05/16/19I City of WheatP,idge PLANNING COMMISSION AGENDA May 16, 2019 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on May 16, 2019 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agendapackets and minutes are available online athttp://www.ci.wheatridge.co.usl95/Plarming- Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES—April 4,2019 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. MS -18-07: An application filed by Ames Partners, LLC for approval of a minor subdivision located at 33`tl Avenue and Ames Street. B. Case No. ZOA-19-01: An ordinance amending Chapter 26 of the Code of Laws concerning the regulation of anhnal-related facilities. 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting April 4, 2019 1. 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"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol Daniel Larson Janet Leo Scott Ohm Richard Peterson Jahi Simbai Vivian Vos Commission Members Absent: Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Planner 11 Mark Westberg, Engineering Projects Manager Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner LARSON and seconded by Commissioner LEO to approve the order of the agenda. Motion passed 7-0. 5. APPROVAL OF MINUTES — March 21, 2019 It was moved by Commissioner VOS and seconded by Commissioner LARSON to approve the minutes of March 21, 2019, as amended. Motion carried 7-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes 1 - April 4, 2019 No one wished to speak at this time. PUBLIC HEARING A. Case No. WS -18-06: An application filed by Toll Southwest, LLC for approval of a major subdivision for a 200 -unit townhome development for property zoned Mixed Use -Commercial TOD (MU -C TOD) and located at 5060 Ward Road. Ms. Mikulak gave a short presentation regarding the major 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 requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner PETERSON asked about the arched parcel boundary to the east which is also zoned MU -C TOD zoning. Ms. Mikulak explained that before RTD purchased the land for their parking lot, the old Jolly Rancher Factory had included all of the land zoned MU -C TOD and they had a railroad spur that came into the property where the arch is. She explained that the zoning was changed on the property in 2012, before RTD had finished their property negotiations. Transit stations and parking lots are permitted in MU -C TOD and a Special Use permit in I -E so when the split zoning does not affect the land use, it is not changed or cleaned up. Commissioner PETERSON asked if the open space park ends at Union Ct. Ms. Mikulak said the park will terminate at a detached sidewalk on Union which can then be taken south to the Wheat Ridge - Ward Station area and eventually with 2E funds a pedestrian bridge will be built over the station and connect it to a Linear Park that will continue to the ponds around I-70. Commissioner PETERSON also inquired if the 37,000 sq. ft. of designated parkland is enough to accommodate the new residents and the public. Ms. Mikulak explained that the codified parkland dedication requirement uses an industry standard of 7.5 acres per 1,000 people and because this property is 13 acres there will be a fee in lieu of parkland dedication in addition to the proposed 3/4 -acre park because it does not entirely fulfill the parkland requirement. Commissioner PETERSON asked about the curvilinear street design and wanted to ensure that there would be logical wayfinding and addressing particularly where Vivian St. and 51st Ave. intersect twice. Ms. Mikulak mentioned that the address plan has not been looked at yet, but will be once the location of the front doors of the townhomes is known. This will be Planning Commission Minutes -2- April 2 - April 4, 2019 done in conjunction with fire and police in mind so they easily know where to go in an emergency situation. She also explained there are disconnect streets throughout the City and the sequencing of number is done per block; so the numbering will be logical east and west of Vivian St. Commissioner PETERSON then asked what the percentage of total covered land area will be and what is required for permeable surfaces. Ms. Mikulak explained that she does not have an answer for impervious surfaces because it's related to the site plan, but the zoning requires 15% open space and that will be exceeded and the two detention vaults will be sufficient to accommodate all the flows. Commissioner SIMBAI referenced page 5 of the staff report and asked for clarification on the statement that the lots "appear" to be shaped and sized appropriately. Ms. Mikulak explained the subdivision regulations require a logical lot layout which needs to be consistent with the proposed site design so it does not need to be re -platted. Commissioner ANTOL asked what the distance is to the nearest park from this development. Ms. Mikulak mentioned that the Van Bibber Trail is to the north; the Haskins Ridge project, to the east in Arvada, will have a park and Prospect Park is to the south off of 44d' Ave. Commissioner LARSON asked why the ROW dedication on Ward and Ridge Roads is different compared to 52nd Ave. Mr. Westberg explained the dedication varies because of differences in what is going to be built and differences in what right-of-way widths are already existing. Commissioners LARSON, PETERSON, ANTOL, VOS and LEO asked about traffic and about the three intersections at Ward Rd (at Ridge, 51st, and 52nd) and asked if there will be additional traffic lights installed. Ms. Mikulak and Mr. Westberg said the City would like to see a signal at Ridge and Ward Roads, but CDOT has not agreed to that because of the spacing requirements of traffic lights on State Highways. They also mentioned that CDOT is going to require that 51st Ave be designed as a right in and right out only at Ward Rd. Mr. Westberg also added that CDOT has required the City to modify the access at Ridge Rd to a three quarter movement, so there will be a right in, a right out and a left in, but no left out at Ridge Rd. CDOT required this because Ridge Road was previously a low volume dead end street, but now connects through to Planning Commission Minutes -3- April 3 - April 4, 2019 the north and east of the station area. He reiterated that CDOT has said no traffic signal at Ridge Road and CDOT has the jurisdiction to tell the City what can and can't be done on the State Highway. Commissioner PETERSON then asked what other travel options will be, specifically to get to I-70. Mr. Westberg explained that one option would be to go to 52°d and turn left and the second option is to take Tabor south to the I-70 Frontage Road and take that to Ward Rd which is also signalized. Commissioner VOS wanted clarification about the Parkland Dedication and the "reduced fee" of $2,021.62 per unit. Ms. Mikulak explained how the parkland dedication and fee amounts are calculated and codified in the subdivision regulations. Ms. Mikulak then explained there are several fee classifications the standard fee, and slightly reduced fees for properties that are in urban renewal area, in a transit area, or for senior housing. Ms. Vos also asked if this development will be done in phases and asked about infrastructure costs. Ms. Mikulak confirmed this development will be done in phases and the SIA will memorialize the timing of such and what infrastructure has to be in place before ending and starting phases. She did not know what the cost of the infrastructure will be. Commissioner LEO wanted to confirm that there was no community outreach and that there were no issues or objections. Ms. Mikulak confirmed this to be true, and added that there is no neighborhood meeting requirement for a subdivision plat. Prior to this meeting the posting requirement were met and the City received one inquiry, but no objections. She clarified the neighborhood meeting requirement for the concept plan, an associated application, and general outreach the City had done for 2E infrastructure projects. Commissioner OHM asked what percentage of single use residential is for this proj ect. Ms. Mikulak said she doesn't know the percentage, but 200 of 201 lots is residential, the ROW dedication is 3.5 acres, and the parks are .75 of an acre and the rest is residential. Tom Beyer, Business/Property Owner 12200 Ridge Road, Wheat Ridge Planning Commission Minutes -4- April 4 - April 4, 2019 Mr. Beyer had 3 concerns: he wants to understand if there would be sufficient parking for the number of units and if parking waivers would be given. His second concern is what the access to Ridge Road will look like and if there will be on street parking on Ridge Road. Mr. Beyer's third concern is the no left turn out of the site or from Ridge Road to Ward Road. Fred Orr, Property Owner 5040 Acoma Street, Denver Mr. Orr said he owns the two industrial buildings to the north of the property and would like the sewer infrastructure accommodated to have a gravity flow instead of it being lifted to 52nd Avenue. Sean Baker, Property Owner 5040 Ward Road Mr. Baker has concerns about people cutting through his property to turn left onto Ward Road to avoid the no left turn from Ridge Road. He explained this happened to him when Jolly Rancher was in business. Answers to public testimony: 61 • Parking space requirement Ms. Mikulak explained that the parking design is a site planning issue and that there are minimum and maximum parking requirements, and she confirmed that no waivers are given. She also said the internal ROW dedications and the ROW dedication on the north side of Ridge Road will provide 94 on -street spaces. There will also be off-street parking with garages attached to the townhomes. Mr. Westberg added there will be no parking added to the south side of Ridge Road and it will remain a bike lane until those properties decide to redevelop. • RV parking on the streets Ms. Mikulak said the City Code only allows for operable and licensed RV's to be parked on City Streets for no more than a two week period. Matt Foran, Applicant 2753 E 139 Dr., Thornton Mr. Foran mentioned the HOA documents were not finalized, but does not think that RV parking is going to be an issue. • Sewer line around 52nd Avenue Planning Commission Minutes - 5 - April 4, 2019 Mr. Westberg said staff will talk to the developers and Fruitdale Sanitation to see if the request can be accommodated. Gravity is typically preferable to lift stations. Tom Odle, CVL, Applicant's Engineer 10333 E Dry Creek Road Mr. Odle explained there will be a sanitary sewer line adjacent to the Toll Brothers property that the Mr. Orr's parcel can tap into it. Commissioner PETERSON asked if there will be visitor parking on the site. Ms. Mikulak explained some of the tracts will accommodate parking and all interior streets will also allow on -street parking. Commissioner VOS asked how the no left turns will be enforced. Ms. Mikulak said by City signs and curbing installed at the City's expense. Commissioner LEO asked if the businesses will be allowed to turn left off their properties. Mr. Westberg said yes unless CDOT decides to build a median on Ward Road. Commissioner PETERSON asked if Tabor Road can handle truck traffic if there is no left turns onto Ward Road. Mr. Westberg explained that Tabor Road was improved afew years ago and is now a wider two lane road with a bike lane and sidewalks and can accommodate trucks. It was moved by Commissioner LEO and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WS -18-06, a request for approval of a major subdivision plat on property zoned Mixed Use - Commercial (MU -C) and located at the 5060 Ward Road, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: The applicant shall enter into a development covenant prior to recordation of the subdivision plat and subsequently into a subdivision improvement agreement. Planning Commission Minutes -6- April 6 - April 4, 2019 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner's association covenants for review and approval by staff. 3. Prior to issuance of building permits, the applicant shall pay the required fees -in -lieu of parkland dedication. Motion carried 7-0. B. Case Nos. WZ-18-25 and WZ-18-26: An application filed by Ames Partners, LLC for approval of a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) and Specific Development Plan (SDP) for development of two duplexes located at the northeast corner of W. 33`d Avenue and Ames Street. Mr. Cutler gave a short presentation regarding the zone change, 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 PETERSON commented on page 6, #4, letter C and explained the condition has not been met and does not need to be. Commissioner VOS asked if the R-3 designation does not permit the configuration of duplexes the applicant wants without applying for multiple variances. Mr. Cutler agreed and added that if the applicant stays with the R-3 zoning they could put 5 attached townhomes on the site. Ms. Mikulak added that the City is prohibited in processing lot size variances to add additional units. Commissioner OHM asked if the landscape plan meets the streetscape standards. Mr. Cutler explained that the Street Scape Manual requires 4 street trees per street frontage and the applicant is going to be required to build a wider attached sidewalk with current ADA ramps at the corner. Commissioner OHM also asked if sight distance triangles are a requirement on the landscape plan. Mr. Cutler said there is no sight distance triangle for this landscape plan because the distance would be 15 ft. x 15 ft. and is not even close for these local streets. Commissioner VOS mentioned a sign-up sheet not being included in her agenda packet. Planning Commission Minutes -7- April 7 - April 4, 2019 Jay Feaster, Applicant 19510 West 55" Place, Golden Mr. Feaster did not have anything to add to the presentation. Commissioner PETERSON asked how the duplexes will be owned. Mr. Feaster said each door will be sold individually. Commissioner SIMBAI asked why batten siding had been chosen for the duplexes. Mr. Feaster said it is durable and will give more of a cottage look which stucco would not even though it is durable as well. Batten will also complement the neighborhood. Commissioner LARSON asked if there is enough room for in the private alley for cars to get in and out of. He also wondered if there will be on street parking. Jessie Donovan, Engineer 3253 N Gaylord Street, Denver Mr. Donovan explained that the City requires a 5 -foot pull out at the end of the alley for the last unit to have enough room to back out of the garage and drive away. He added there will be on street parking as well. Commissioner VOS asked that if this zone change is approved, can the applicant sell the property and a more dense building be built. Mr. Cutler said that is not a possibility. He explained that once the ODP is approved the zoning will be established for the property which will limit the property to only single family homes or a duplex development. He added that the ODP is meant to show the development standards and the SDP provided the specific standards, for example, showing exactly where the buildings will be placed. Commissioner LEO said she has a concern that duplexes can be non -owner occupied. Mr. Feaster said that of the 45 duplexes he has built and sold he has yet to see a loan that has not been an owner occupied loan. Ms. Mikulak added that City Code and Federal Fair Housing laws would not allow the City to regulate if the duplexes are owner or renter occupied. Planning Commission Minutes - 8 - April 4, 2019 Commissioner OHM asked what the two fences on the north and south are for and why they extend out beyond the line of the building. Mr. Feaster and Mr. Donovan said they are privacy fences and they extend to maximize the visual space between the units. Commissioner OHM asked about the 4.5 -foot sidewalk on the east side of the garages and didn't think that is not a normal width for a sidewalk. Mr. Donovan explained that it is not a sidewalk but an approach to the garages with a slight slope from the alley and is considered a driveway apron. Commissioner PETERSON asked if there is any requirements for permeable patios and walkways. Mr. Cutler said there are requirements for open space on properties and the code for duplexes requires 25% of the lot be open space. He explained the applicant is proposing 42% of the lot be pervious, so they are well exceeding the requirement. Mr. Westberg added that permeable pavers are allowed as part of a water quality treatment, but this property has a separate water quality facility so the pavers are not required. Commissioner LARSON asked if the units will have basements. Mr. Feaster said there will be unfinished basements with 9 foot ceilings and egress windows. Tom Sunheim 5601 West 35th Avenue Mr. Sunheim is happy with what is being proposed for this site and thinks it will be a good fit for the neighborhood. Commissioner VOS said she appreciates the less density, architecture and the character of the project. It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WZ-18-25, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development with an Outline Development Plan (ODP) for property located at the northeast corner of W. 33" Avenue and Ames Street, for the following reasons: Planning Commission Minutes -9- April 9 - April 4, 2019 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. 3. The proposed zoning is consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. The minimum lot area shall be revised to 8,425 square feet. Motion carried 7-0. It was moved by Commissioner ANTOL and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WS -18-26, a request for approval of a Specific Development Plan on property located at the northeast corner of West 33" Avenue and Ames Street, 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 City Code. 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. All responding agencies have indicated they can serve the property with improvements installed at the developer's expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City's adopted codes and policies. Motion carried 7-0. C. Case No. WZ-18-23: An application filed by Regency Centers for approval of a Master Sign Plan for Applewood Village Shopping Center on property zoned Planned Commercial Development (PCD) at the northeast corner of the property located at 3210-3600 Youngfield Street. Mr. Cutler gave a short presentation regarding the Master Sign 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. Planning Commission Minutes - 10 - April 4, 2019 Commissioner PETERSON asked about the illumination of signs with regards to LED lighting/lightbulbs. He also asked if changing signs are allowed. Ms. Mikulak and Mr. Cutler explained that the LED is referring to electronic message centers such as a monitor or video screens. They said it will be subject to the Code's illumination standards which were recently adopted and there will be meters to monitor the illumination's brightness. Mr. Cutler also explained there is limitations on how the screens change and there is an 8 second transition time which is an industry standard and there will be no animation or scrolling signs, only instant change. Commissioner PETERSON also asked if there will be plastic box signs. Mr. Cutler said that as a part of this sign plan, plastic box signs will not be allowed. Commissioner SIMBAI asked how long it will take to install the PS 1 sign, which is the largest sign due to traffic concerns. Ms. Mikulak said the applicant can answer that question, but usually the signs of this size are pre -fabricated and can be lifted into place by a large crane which will cut down on the time to install the sign. Commissioner LARSON asked if the Mattress Firm building is included in this sign project. Mr. Cutler explained that that building is under separate ownership and is not a part of this master sign plan and would have to follow the standard City Sign Code for their signs. Commissioner LARSON asked for clarification on what a wayfinding sign is. Mr. Cutler said wayfinding signs are directional signs to let patrons know where the tenants of the shopping center are located and are all interior signs. Commissioner VOS asked if the applicant is required to do the Master Sign Plan. Mr. Cutler explained that the PCD does not call for the sign plan but due to the size and location of the signs, the City could not permit them under the standard sign code. Ms. Mikulak added the City's sign code works well for a single business with a single sign, but not for a property this large and it needs its own unique set of rules. Commissioner VOS asked about the materials that will be used for these signs and if this hearing will approve or deny the variances in height and size and adding interior signage. Planning Commission Minutes - 11 - April 4, 2019 Mr. Cutler said the materials are listed on page 4 of the sign plan and once the applicant applies for a building permit the permits are public record. He mentioned the applicant has proposed the backing material of all the signs will be the same. Ms. Mikulak added this is typical detail shown in the plan and there are no code requirements for materials. The only code requirement is that the base of the sign be consistent with the building. She also said the applicant is allowed to have a 50 - foot sign on Youngfield because they are highway oriented. The square footage of the sign is larger than usual, but this is a package deal and it is all being approved or denied as a whole. Commissioner VOS also asked if the corner signs are attached to the buildings and if they stick out. Mr. Cutler explained that those signs will follow the City Code and are not a part of the master sign plan. Commissioner LEO asked what the height of the current sign is on Youngfield. Mr. Cutler said the current sign is not 50 feet, but the Chili's and Applejack Liquor signs are 50 feet in height. Commissioner LEO also wondered if this plan is approved can the applicant add more freestanding signs at a later date. Mr. Cutler explained that if the applicant wants to add signs in the future they will have to come to the City with an amendment to the plan. Commissioner LEO inquired why the applicant is now requesting a Master Sign Plan. Mr. Cutler said the City has been pushing the Regency Centers to apply for a Master sign plan to allow for more cohesive signage on the site. Ms. Mikulak explained it is difficult for new business on the site to add a sign because the Development Plan does not allow for any more signs. Commissioner OHM said he has safety concerns for pedestrians if the 50 and 30 - foot signs are placed too close to the sidewalks if there is no sight triangles required due to signalized traffic lights being in place. Mr. Cutler explained that the applicant has proposed a 15 -foot setback for the 50 - foot sign and an 8 -foot sidewalk will be set behind a 6 -foot amenity zone. He added that the 1 -foot setback for the 30 -foot signs is a minimum and the final setback will be determined on how the parcel develops and if there is an unsafe sight distance condition then the setback will be increased. Planning Commission Minutes - 12 - April 4, 2019 Commissioner OHM also wondered what the positioning of the signs on Youngfield is in relation to the overhead power lines. Ms. Mikulak said she believes the City is using part of the 1% funds to place the power lines underground. Commissioner OHM asked if the Master Sign Plan incorporates the existing and proposed free standing signs for this project. Mr. Cutler explained the Master Sign Plan defines separately the two existing non- conforming, single -tenant, freestanding signs which are the Chili's and Applejack's signs. Commissioner PETERSON asked about the 1.5 to 1 ratio for wall signs and the scripts square footage. He also asked if there is maximum size for a wall sign. Ms. Mikulak responded that when a sign is not a box or cabinet sign, but is channel letters, the smallest polygon is used to figure the ratio and there is no maximum size for a wall sign. Commissioner SIMBAI wanted to know what the reasoning is of the one person who opposed the Master Sign Plan. L Mr. Cutler explained she was not opposed to the sign plan per say, but to the construction, traffic, noise and redevelopment. He added she might have been opposed to the 50 -foot sign illuminating beyond the borders. Commissioner LARSON is concerned about the 50 -foot sign being placed on the island and then possibly moved if the island is changed. Mr. Cutler agreed and said the reconstruction of the island and the sign placement would happen in tandem. Ms. Mikulak added that the purpose of the Master Sign Plan is to provide a future vision but it doesn't specify a time period for building the signs. It shows generally where the signs will be located. Tom Metzger, Applicant 8480 E. Orchard Rd, Ste. 6900, Greenwood Village Mr. Metzger showed a few images of the signs and what they will look like. Commissioner Simbai asked how long it will take to install a sign. Planning Commission Minutes - 13 - April 4, 2019 Mr. Metzger explained the signs are pre -fabricated and can be installed in a one - day period. He added the 50 -foot sign might be moved to the south a little and out of the island. Commissioner VOS asked if the RTD facility is moving, or not. Mr. Metzger confirmed the facility will be moving May 18 to Ward Road with continuing service down Youngfield Street. Commissioner LARSON asked if the sign on 38"' Ave. will be oriented to east and west bound traffic MF Mr. Metzger agreed. He also explained some of the agreement between Regency Centers and the two businesses and their non -conforming signs. Commissioner LARSON asked if approved when the effective date will be. Mr. Cutler said effective date will be when the Master Sign Plan is recorded at the County. Commissioner OHM said if approved he hopes staff will keep in mind to have an open sight triangle with regards to sign placement for safety reasons. Ms. Mikulak said it is a provision in Chapter 26-707 of the Municipal Code. Commissioner PETERSON asked if the new sign*ode applies to lighting of signs. Ms. Mikulak replied that it applies to new signs, but not existing. Mr. Cutler said the dimmers will also be installed on these new signs. It was moved by Commissioner LARSON and seconded by Commissioner PETERSON to APPROVE Case No. WZ-18-23, a request for approval of a master sign plan for a planned commercial development (PCD) located on the east side of Youngfield Street between W. 32" Avenue and W. 38' Avenue, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is consistent with the intent of the sign code and is appropriate for the context of the development. With the following conditions: 1. An edit be made to item C on page 2 regarding non -conforming signs to clarify damage for wall signs. Planning Commission Minutes -14- April 14 - April 4, 2019 2. The applicant will work with staff to create a maximum size allowance for wall signs for a tenant over a certain square footage. Motion passed 7-0. 8. OLD BUSINESS 9. NEW BUSINESS A. Planning Commission Dinner Training April 18, 2019 Ms. Mikulak reminded the commission that dinner will be at 6:00 p.m. in one of the Conference Rooms and the training will start at 7:00 p.m. in Council Chambers. B. Commissioner VOS handed out information regarding a Golden Planning Commission meeting. She also said she was finally receiving the Planning publication for APA again, after a year of not receiving it. Ms. Mikulak explained there were some membership issues and it is good to know things have been corrected. C. Commissioner LARSON let the Commission know he attended a seminar held by the American Institute of Certified Planners discussing short term rentals and how Denver has approached the issue; it was very informative. 10. ADJOURNMENT It was moved by Commissioner LEO and seconded by Commissioner VOS to adjourn the meeting at 9:52 p.m. Motion carried 7-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes April 4, 2019 -15- ♦�4le 1W Ir Wh6atRiLd e g TO: CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission Scott Cutler MS -18-07 / Feaster Subdivision MEETING DATE: May 16, 2019 Approval of a minor subdivision; reconfiguration of four (4) existing parcels into two (2) lots and one (1) tract. LOCATION OF REQUEST: 3300 Ames (Northeast corner of W. 33`d Avenue and Ames Street) APPLICANT/OWNER (S): Ames Partners LLC (Jay Feaster) APPROXIMATE AREA: 18,762 square feet (0.43 acres) PRESENT ZONING: Planned Residential Development (PRD)* COMPREHENSIVE PLAN: Neighborhood Buffer Area ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Location Map Site * The property is subject to a zone change request from Residential -Three (R-3) to Planned Residential Development (PRD) as further described on the next page. City Council will have heard and decided upon the zone change on May 13 prior to the hearing of this subdivision case. Planning Commission Case Nos. MS-18-07/PeasterSubdivision All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. MS -18-07 is an application for a minor subdivision for property located at the northeast corner of W. 33`d Avenue and Ames Street. A plat is required to facilitate new duplex development on the site. City Council is reviewing the zone change application with an Outline Development Plan (ODP) and Specific Development Plan (SDP) on Monday, May 13. Planning Commission heard these cases (WZ-18-25 & WZ-18-26) on April 4, 2019 and recommended approval to City Council. The plat is the final document that requires approval prior to development, and its approval is contingent on the approval of the ODP and SDP on May 13. The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of- way, easements, and utility service to the site. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located in southeast Wheat Ridge, on the northeast corner of W. 33`d Avenue at Ames Street. Sheridan Boulevard is located half a block to the east. The site is vacant and was previously owned by the apartment building to the north �, M. Ownership of the subject property has transferred several times in recent years. The site consists of four lots: two developable parcels and two tracts for the vacated alley between Ames Street and Sheridan Boulevard. Because four lots are involved, the case is required to be heard by the Planning Commission. The Planned Residential Development (PRD) zoning, if approved by Council, will permit the construction of two duplexes on the property. The zoning map [Exhibi'll indicates the current zoning of the property as Residential -Three (R-3), which permits medium to high-density residential development, ranging from single-family to multi -unit developments. Lots to the north and south (across W. 33`d Avenue) are also zoned R-3. Much of the surrounding neighborhood, including the lots directly across Ames Street, are zoned Residential -One C (R -1C), which permits small -lot single- family homes. The senior living facility to the east of the property is zoned Neighborhood Commercial (NC). The lot was platted as part of a Resubdivision of Block 5 Columbia Heights in 1945. Both sides of the alleyway were vacated over time, including the east side of the alley in 1957. No alley exists currently, though the vacated alley parcels remain. III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3). The cover page includes a legal description of the property; signature blocks for the owners, City, surveyor, and County; standard declarations and notes; and easement notes. The second page consists of the plat map itself and a lot data table. Planning Commission Case Nos. MS-18-07/PeasterSubdivision Lot Configuration The lot configuration matches corresponds to the proposed development pattern allowing for two duplex lots. Three internal lot lines are being removed as part of this plat, including the internal boundaries for the two vacated alley parcels described above. The outside boundaries of the site are not changing. Two buildable lots are being created: Lot 1 and Lot 2. Lot 1 is 8,456 square feet and 56 feet wide. Lot 2 is 8,447 square feet and also 56 feet wide. These lot sizes and widths are compliant with the PRD zoning. A 12.25 -foot wide tract is located north of Lot 1 and is 1,849.7 square feet. It is unbuildable and is dedicated as a stormwater detention tract. Public Improvements When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. Sidewalk widths are inadequate on both 33`d Avenue and Ames Street. For that reason, a 5 -foot attached sidewalk is being constructed on both street frontages as part of the project as well as upgraded directional pedestrian ramps at the corner of 33`d Avenue and Ames Street. These improvements must be completed prior to the Certificate of Occupancy for either duplex building. A small portion of right-of-way dedication is located at the southwest corner to allow the required upgrades to the pedestrian ramps to be in City right-of-way. This dedication is 8.9 square feet. Easements Several easements are created by this plat to allow adequate infrastructure and access. These include the following: • A cross -access easement will run parallel to the eastern property line, which essentially creates a private alley serving both Lots 1 and 2. • An existing utility easement will remain which is also parallel with the eastern property line and cross -access easement. • The City's standard stormwater detention easement will encumber Tract A. This area is sized to accommodate a water quality feature. Based on the anticipated total area of impervious surface being less than 10,000 square feet, full -flood attenuation is not required. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and open space. When land is not dedicated for a public park, a fee is required in lieu. Per code and Council Resolution, the fee is $2,497.29 per unit to be paid at recordation. IV. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: The plat document is approvable and the civil documents are approved as of May 8, 2019. West Metro Fire Protection District: No comments or concerns. Planning Commission Case Nos. MS -18-07I Feaster Subdivision Wheat Ridge Water District: No comments, can serve. Wheat Ridge Sanitation District: No objections, can serve. Xcel Energy: No objections. Utility coordination is ongoing. Century Link: No objections. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed subdivision plat results in a logical lot layout. Staff further concludes that the subdivision plat complies with the standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can continue to serve the property. The plat will allow the planned development to proceed with construction. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS -18-07, a request for approval of a minor subdivision on property located at the northeast corner of W. 33`d Avenue and Ames Street, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees -in -lieu of parkland dedication. 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner's association covenants for review and approval by staff. Option B:"I move to recommend DENIAL of Case No. MS -18-07, a request for approval of a minor subdivision on property located at the northeast corner of W. 33`d Avenue and Ames Street, for the following reasons: 1. ... Planning Commission Case Nos. MS -18-07I Feaster Subdivision EXHIBIT 1: AERIAL City of Wheatl d e - Geographic Information Systems Q Subject Property t I q Fl M Moe LU Q LU S is I'I R 1. ,.. A �I 33RD AVE 11 r _:A \ I UIlen i P1... Go ra la P.olaeeoa • N Gebrado Cenral Zone A Planning Commission 5 Case Nos. MS-18-07/Feaster Subdivision EXHIBIT 2: ZONING MAP Planning Commission Case Nos. MS-18-07/Feaster Subdivision EXHIBIT 3: SUBDIVISION PLAT Attached as an 11x17 document on the following page. Planning Commission Case Nos. MS-18-07/PeasterSubdivision A PARC SECTION CITY OF OWNERS CERTIFICATE I, JAY FEASTER, AMES PARTNERS, LLC., BEING THE OWNER OF REAL PROPERTY CONTAINING 0.4307 ACRES, 18762 SQUARE FEET. DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO LOTS 10 AND 11, A RESUBDIVISION OF BLOCK 5 OF COLUMBIA HEIGHTS, TOGETHER WITH THE WEST 1/2 OF THE ALLEY ADJOINING SAID LOTS AND AS VACATED BY INSTRUMENT RECORDED JULY 11 19571 IN BOOK 1068, PAGE 60, COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE EAST 1/2 OF SAID VACATED ALLEY ADJOINING LOTS 12 AND 13 OF SAID RESUBDIVISION OF BLOCK FIVE COLUMBIA HEIGHTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 25, THENCE NORTH 13°40'41' WEST A DISTANCE OF 708.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF WEST 33RD AVENUE, ON THE EASTERLY LINE OF SAID ALLEY AND THE POINT OF BEGINNING, THENCE DEPARTING SAID NORTHERLY ROW LINE AND ALONG SAID EASTERLY ALLEY LINE NORTH 00014'34" WEST A DISTANCE OF 124.25 FEET TO THE NORTHWEST CORNER OF SAID LOT 131 THENCE DEPARTING SAID EASTERLY ALLEY LINE SOUTH 89045'26" WEST A DISTANCE OF 151.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 10, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF AMES STREET, THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE SOUTH 00014'43" EAST A DISTANCE OF 124.25 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF WEST 33RD AVENUE, THENCE ALONG SAID NORTHERLY RIGHT-OF=WAY LINE NORTH 89045'26" EAST A DISTANCE OF 151.00 FEET TO THE POINT OF BEGINNING AS SHOWN HEREIN. HAVE LAID OUT, SUBDIVIDED, AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED INTO LOTS AND TRACTS UNDER THE NAME AND STYLE OF FEASTER SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES, THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. OWNERSHIP CERTIFICATE: KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, BEING THE OWNERS OF THOSE LANDS DESCRIBED HEREON, HAVE LAID OUT THE SAME INTO A PARCEL AND EASEMENTS AS SHOWN HEREON. FEASTER SU3:) V S 0\ EL OF SAND LOCATED IN THE NORTHEAST QUARTER OF 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO VICINITY MAP 1"=1000' LJ �J NOTES: 1) Land Title Guarantee Company, commitment number 2018015995, dated February 21, 2018 at 11:31 a.m., and commitment number 2017128171, dated December 14, 2017 at 1:14 p.m., was entirely relied upon for recorded information regarding rights-of-way, easements and encumbrances in the preparation of this survey. The property shown and described hereon is all of the property described in said title commitments. 2.) Basis of Bearing = S 00019'03" E, Bearings shown on accompanying plat are based on the East line of the Northwest 1/4 Sec. 25, T3S, R69W of the 6th P.M as monumented and shown hereon. 3.) This survey does not constitute a title search by Straightline Surveying to determine title or easements of record. Research for this survey was done in accordance with C.R.S 38-51-106 and the Rules of Procedure and Board Policy Statements of the State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors, specifically those Board Rules and Policies relating to depiction of easements and rights of way on subdivision plats. 4.) All underground utilities shown hereon are approximated as located by field survey from existing surface evidence. Other underground utility lines and service lines may exist for which there is no evidence and this survey should not be relied upon for construction without contacting the appropriate agencies or authorities. 5.) Any person who knowingly removes, alters or defaces any Public Land Monument or Land Boundary Monument or accessory commits a class two (2) misdemeanor pursuant to State Statute 18-4-508, of the Colorado Revised Statute. OWNER: 6.) Only prints of this survey marked with an original seal and signature by the surveyor shall JAY FEASTER be considered true, valid copies. 7.) Notice: According to Colorado Law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, STATE OF COLORADO ) shall any legal action based upon any defect in this survey be commenced more than ten )ss. years from the date of the certification shown hereon. COUNTY OF JEFFERSON ) 8.) All field work was performed by Thomas C. Miller and Brian J. Miller, with a Trimble R8s VRS system and Trimble 5600 robotic instrument on April 25. 2018 . THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2019, BY 9.) Per Colorado Revised Statutes Sec. 38-51-106 (L), all lineal units depicted on this land Survey Plat are U.S. survey Feet. One Meter equals 39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and Technology. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC CROSS ACCESS EASEMENT: THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS ACCESS EASEMENTS", AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. 10.) Coordinates shown hereon are consistent with the current city datum: a) The current city datum coordinate system used is a ground-based modified form of the NAVD 83/92 state plane coordinate system, Colorado central zone 0502 b) Vertical datum used is the North American Vertical Datum of 1988 (NAVD88) C) Ground to grid combined scale factor is 0.99974780300, scaled from base point PHAC 1 ( Permanent High Accuracy Control Point #1) Having the following NAD 83/92 state plane coordinates: PHAC 1: Northing: 701687.91, Easting: 119004.18, Elevation: 5471.62 11.) Stormwater detention easement: The Stormwater quality area herein shown as "tract A" stormwater detention easement" shall be constructed and maintained by the owner and subsequent owners, heirs, successors and assigns . In the event that such construction and maintenance is not performed by said owne,the City of Wheat Ridge shall have the right to enter such area and perform necessary work, the cost of which said owners, heirs, successors, and assigns agrees to pay. no building or structure will be constructed in the detention are and changes or alterations affecting the hydraulic characteristics of the detention area will bemade without the approval of the Director of Public Works. 12) The removal of all previously existing property lines within the boundary of Feaster Subdivision will be done upon recordation of this plat with the Jefferson County Clerk and Recorders office. ( As noted on the plat) The geodetic point coordinate data shown herein has been derived from the NAD83 HARN State Plane Colorado Central FIPS 0502 Coordinate System, and has a horizontal Accuracy Classification of 0.07 U.S. Survey Feet at the 95% Confidence level,as defined in the Geospatial Positioning Accuracy Standards of the Federal Geodetic Control Subcommittee (FG DC -STD -007.2-1998). CLERK AND RECORDER'S CERTIFICATE: Accepted for Recording in the office of the County Clerk and Recorder of Jefferson County at Golden, Cololrado, this day of , 20 Jefferson County Clerk and Recorder By: Deputy Clerk Approved this day of , 20 . by the City of Wheat Ridge. Acceptance of dedicated interests in real property The City of Wheat Ridge, Colorado hereby accepts the dedication and conveyance to the City of those lots, tracts, easements, and other interests of real property denoted on this plat as being dedicated to the city for public purposes. Bud Starker, Mayor Attest: City Clerk DATE Director of Community Development Director of Public Works SURVEYOR'S CERTIFICATE: I, Michael D. Miller, do hereby certify that the survey of the boundary of Feaster Subdivision was made by me or under my direct supervision and to the best of my knowledge, information and belief, in accordance with all applicable Colorado statutes, current revised edition as amended, the accompanying plat accurately represents said survey. Michael D. Miller, Colorado Land Surveyor License Number 38111 PLANNING COMMISSION CERTIFICATION: Recommended for approval this day of , 20 By the Wheat Ridge Planning Commission. Chairperson Case History: WZ-18-25 WZ-18-26 MS -18-07 Sheetindex Sheet 1 of 2 - Cover Sheet Sheet 2 of 2 - Plan View W. 35TH AVENUE Lj SITE W. 34TH Cn AVENUE 0 w Li Qw z� w Q mw iw-w _� U Un mUn � Q 0 of 0(r w Q� I— >- Un w> NUn W. 33RD AVENUE C/) m Q L`' W. MONCRIEFF L w o o � U-1 w �CD 0 z >- ~ U 0!� w U W. 32ND AVENUE VICINITY MAP 1"=1000' LJ �J NOTES: 1) Land Title Guarantee Company, commitment number 2018015995, dated February 21, 2018 at 11:31 a.m., and commitment number 2017128171, dated December 14, 2017 at 1:14 p.m., was entirely relied upon for recorded information regarding rights-of-way, easements and encumbrances in the preparation of this survey. The property shown and described hereon is all of the property described in said title commitments. 2.) Basis of Bearing = S 00019'03" E, Bearings shown on accompanying plat are based on the East line of the Northwest 1/4 Sec. 25, T3S, R69W of the 6th P.M as monumented and shown hereon. 3.) This survey does not constitute a title search by Straightline Surveying to determine title or easements of record. Research for this survey was done in accordance with C.R.S 38-51-106 and the Rules of Procedure and Board Policy Statements of the State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors, specifically those Board Rules and Policies relating to depiction of easements and rights of way on subdivision plats. 4.) All underground utilities shown hereon are approximated as located by field survey from existing surface evidence. Other underground utility lines and service lines may exist for which there is no evidence and this survey should not be relied upon for construction without contacting the appropriate agencies or authorities. 5.) Any person who knowingly removes, alters or defaces any Public Land Monument or Land Boundary Monument or accessory commits a class two (2) misdemeanor pursuant to State Statute 18-4-508, of the Colorado Revised Statute. OWNER: 6.) Only prints of this survey marked with an original seal and signature by the surveyor shall JAY FEASTER be considered true, valid copies. 7.) Notice: According to Colorado Law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, STATE OF COLORADO ) shall any legal action based upon any defect in this survey be commenced more than ten )ss. years from the date of the certification shown hereon. COUNTY OF JEFFERSON ) 8.) All field work was performed by Thomas C. Miller and Brian J. Miller, with a Trimble R8s VRS system and Trimble 5600 robotic instrument on April 25. 2018 . THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2019, BY 9.) Per Colorado Revised Statutes Sec. 38-51-106 (L), all lineal units depicted on this land Survey Plat are U.S. survey Feet. One Meter equals 39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and Technology. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC CROSS ACCESS EASEMENT: THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS ACCESS EASEMENTS", AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. 10.) Coordinates shown hereon are consistent with the current city datum: a) The current city datum coordinate system used is a ground-based modified form of the NAVD 83/92 state plane coordinate system, Colorado central zone 0502 b) Vertical datum used is the North American Vertical Datum of 1988 (NAVD88) C) Ground to grid combined scale factor is 0.99974780300, scaled from base point PHAC 1 ( Permanent High Accuracy Control Point #1) Having the following NAD 83/92 state plane coordinates: PHAC 1: Northing: 701687.91, Easting: 119004.18, Elevation: 5471.62 11.) Stormwater detention easement: The Stormwater quality area herein shown as "tract A" stormwater detention easement" shall be constructed and maintained by the owner and subsequent owners, heirs, successors and assigns . In the event that such construction and maintenance is not performed by said owne,the City of Wheat Ridge shall have the right to enter such area and perform necessary work, the cost of which said owners, heirs, successors, and assigns agrees to pay. no building or structure will be constructed in the detention are and changes or alterations affecting the hydraulic characteristics of the detention area will bemade without the approval of the Director of Public Works. 12) The removal of all previously existing property lines within the boundary of Feaster Subdivision will be done upon recordation of this plat with the Jefferson County Clerk and Recorders office. ( As noted on the plat) The geodetic point coordinate data shown herein has been derived from the NAD83 HARN State Plane Colorado Central FIPS 0502 Coordinate System, and has a horizontal Accuracy Classification of 0.07 U.S. Survey Feet at the 95% Confidence level,as defined in the Geospatial Positioning Accuracy Standards of the Federal Geodetic Control Subcommittee (FG DC -STD -007.2-1998). CLERK AND RECORDER'S CERTIFICATE: Accepted for Recording in the office of the County Clerk and Recorder of Jefferson County at Golden, Cololrado, this day of , 20 Jefferson County Clerk and Recorder By: Deputy Clerk Approved this day of , 20 . by the City of Wheat Ridge. Acceptance of dedicated interests in real property The City of Wheat Ridge, Colorado hereby accepts the dedication and conveyance to the City of those lots, tracts, easements, and other interests of real property denoted on this plat as being dedicated to the city for public purposes. Bud Starker, Mayor Attest: City Clerk DATE Director of Community Development Director of Public Works SURVEYOR'S CERTIFICATE: I, Michael D. Miller, do hereby certify that the survey of the boundary of Feaster Subdivision was made by me or under my direct supervision and to the best of my knowledge, information and belief, in accordance with all applicable Colorado statutes, current revised edition as amended, the accompanying plat accurately represents said survey. Michael D. Miller, Colorado Land Surveyor License Number 38111 PLANNING COMMISSION CERTIFICATION: Recommended for approval this day of , 20 By the Wheat Ridge Planning Commission. Chairperson Case History: WZ-18-25 WZ-18-26 MS -18-07 Sheetindex Sheet 1 of 2 - Cover Sheet Sheet 2 of 2 - Plan View SUBD V S O Gl A PARCEL OF CRD LOCATED IN THE NORTHEAST QUARTER OF SECTION 259 TOWNSHIP C SOUTH, RANGE EH WEST OF THE ETH HW.9 CITY OF WHEAT R0CE, COUNTY OF JEFFERSON, STATE OF COLORADO � 1 LOT 28 LOT DATA: LOT 8 LOT 15 LOT 85456.0 5Q.FT. 0. 1941 ACRES RESUBDIVISION BLOCKS COLUMBIA HEIGHTS ZONED: R-3 LOT 2 LOT 9 LOT 27 85447.1 5Q. FT. 3330 AMES STREET O. 1940 ACRES SCHEDULE NO. 300500205 FND RPC LOT 14 FND RPC L5.1G115 L5.IG115 N: 704020.53 N: 70402 1.14 E 120007.05 E: 126210.05 TRACT A 58904520W I ,849.7 5Q. FT. 30 N SQFT= 1,850 +/- 5 1.00' TRACT A n N: 704021.93 5TORWAER 0.0424 ACRES 10 43� �gagOD' �i ACRE5=0.0424+/- 58904520W DET NSTONTEASEMENT N o E: 126218.58 LOT 26 N 151.00' m LOT 13 p 33155HERIDAN15LVD > PLAT BOUNDARY 10 SCHEDULE NO. 300O22G04 J 189 75 2.90 5Q. FT. LOT LINE HEREBY A RESUBDIVISION BLOCK n CREATED BY THIS PLAT FIVE COLUMBIA HEIGHTS o 0.4306 ACRES LOT LINES HEREBY o n RESUBDIVISION BLOCK 5 p REMOVED BY THIS to COLUMBIA HEIGHTS Q N PLAT N ZONED: N -C D p LOT 1OF) f EXISTING p[ LLJ 5QFT=8,456 +/- 10' UTILITY EASEMENT a REC. NO. 685909 * G88252 LLJ WHEAT RIDGE CONTROL POINT: PHAC 1 alACRES=O. 194 I +/- = Q - z (TO REMAIN) N: 701687.91 z E: 1 19004. 18 LEGEND ELEV: 5471.G2 D LAT: 39°45'28.83"N m FOUND PINS LONG: 105°04'46.27"W w LOT 2 CL VACATED ALLEY LOT 12 �i RPC= RED PLASTIC CAP En LOT LINE HEREBY 5QFT=8,447 +/- BOOK 1068 PAGE 60 AC= ALUMINUM CAP ACRE5=0. 1940 COLUMBIA HEIGHTS o m CREATED BY THIS PLAT wv LLI • PIN TO BE SET BLOCK 6 p mn A RESUBDIVISION BLOCK m ORANGE PLASTIC CAP ON #5 X 18" ZONED: R- I C FIVE COLUMBIA HEIGHTS n REBAR, LS 381 1 1 o v Q L❑T 25 UTILITY EASEMENT N Q FND 2" AC. L5. 35595 1 G' CRO55-ACCESS LLJ CROSS ACCESS EASEMENT N: 703896.90 EASEMENT FOR ALLEY REMOVED PROPERTY LINE E: 12G210.47 HEREBY GRANTED BY THIS PLAT = W _ 145.17' >j I PROPERTY BOUNDARY 30' 58904520W 151.00' POINT OF BEGINNINGLL ROAD CENTERLINE N: 703896.93 LL 0 3� 1 E: 12G218.55 }O- N� 3 12 o FND RPC ILL. I - m N:7O389G.28GO U I U L WEST 3 3RD AVENUE C E: 1 26067.5771 R=zo' ' =73'16' - - - - - - - - - H=N5339'9'34"W 500'14'34' C=8.34' - - - - - - - - - - - - awLOT 2 RIGHT OF WAY HEREBY (60' ROW) DEDICATED BY THIS PLAT W 6.67' 5'26"W 8.86 SQ.FT. (0.00020 ACJ -o Q 0 0 o X> SB90 41' 28"W 264572' I WEST 3 2 RD AVENUE POINT OF COMMENCEMENT E 1/4 CORNER SECTION 25, T35, R69W, 6TH P.M. FND 3 1/4" AC FND 3 1/4" AC IN RANGE BOX IN RANGE BOX STAMPED 1-5. 28279, I COLUMBIA HEIGHTS STAMPED COLO. J L T35, R69W, C 1/4 SEC 25, 1997 BLOCK 4 DEPT. OF TRANSPORTATION N: 703194.06 LOT 22 LOT 1 ZONED: R-3 LOT 22 9+96.2537, 2001, PL5.NO.29421 -1 F- E: E: 1 23740.48 COWR PT NO. 16901 ELEV:5455.O8 N: 703208.33 LAT1 39`45'43,49'N E: 1 26386. 16 LONG: 105`03'45.55'W ELEV:54G7.1 I IAT: 39°45'43.51 "N LONG: 105°03' 1 I .G8"W 20' 0 20' 40' I Scale 1" = 20' EXHIBIT 4: SITE PHOTOS View of the subject property looking northeast along Ames Street. The neighboring apartment building can be seen in the background. The water quality tract would be located in the space between the northern lot and the apartment building, acting as an additional buffer. View of the site looking east from Ames Street. The neighboring apartment building is to the left, and the commercial assisted living facility is in the background. Planning Commission Case Nos. MS-18-07/Feaster Subdivision View of the subject property looking north from W. 33`d Avenue. Both adjacent lots can be seen in the photo. The driveway would be located to the west (left) of the assisted living facility, allowing access to the site. View of the subject property looking north from W. 33`d Avenue, up Ames Street. The buildings across Ames Street are primarily single-family homes on small lots. Planning Commission 10 Case Nos. MS-18-07/Feaster Subdivision City of 'Wheatpge PLANNING COMMISSION COM Wrw DWEM MINT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: May 16, 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ANIMAL -RELATED FACILITIES CASE NO. ZOA-19-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Zareen Tasneem, Planner I Date of Preparation: May 6, 2019 SUMMARY: The City's Zoning and Development Code (Chapter 26 of the Municipal Code) recognizes several animal related uses, including: • Animal veterinary hospitals and clinics, with and without outdoor runs; • Kennels and catieries; and • Animal daycares with no outdoor runs. The purpose of the ordinance is to define "animal daycare facility" and allow it as a special use in the C-1 and C-2 zone districts, add supplementary regulations for animal -related facilities (including specifications related to outdoor play yards), and update the definitions and use table listings for other animal -related facility uses for consistency and clarity. Notice for this public hearing was provided as required by the Code of Laws. Current City Regulations As noted above, the Zoning and Development Code recognizes three animal -related uses, which are defined as follows: • Animal daycare facility. A facility licensed by the State of Colorado where animals may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire. (Currently defined ody in the mixed use code in Section 26-1119) • Kermel. Any building, structure or open space devoted in its entirety, or in part, to the raising, boarding or harboring of four (4) or more adult dogs and/or five (5) or more cats. (Defined in Section 26-123) ZOA-19-01 /Animal -Related Facilities Veterinary hospital. A place where animals or pets of all types are given medical or surgical treatment. Use as a kennel shall be limited to short -time boarding and shall only be incidental to such hospital use and need not be enclosed within the main building. (Defined in Section 26-123) • Veterinary hospital (small animal, enclosed). A place where small animals or pets (dogs, cats, birds and the like) are given medical or surgical treatment. Use as a kennel shall be limited to short -time boarding and shall only be incidental to such hospital use. All uses shall be enclosed within a soundproof building which emits no objectionable odor. (Defined in Section 26-123) The tables below are excerpts from the Code's use charts (P = permitted, S = special use, and a blank denotes that it is not permitted). Because the code is silent to animal daycare uses in commercial and agricultural zone districts, staff has had to interpret whether or not the use is permitted based on operational similarities to other uses in the chart. Table of Uses —Commercial Uses IV NC RC C-1 C-2 1-E Animal veterinary hospitals With outside runs; no which are adjacent to Dog kennels, catteries, residentially zoned or used and clinics cremation veterinary hospitals property are no closer than P P Animal veterinary hospitals Where there are no outside P P line and clinics pens or runs for dogs; no Veterinary clinics and hospitals, no outdoor runs or pens P P P P cremation 5 P P P P Kennels 5 Table of Uses—Agricultural Uses Notes A-1 A-2 MU -C Provided that outside runs MU -N MU -C which are adjacent to Dog kennels, catteries, residentially zoned or used 5 5 veterinary hospitals property are no closer than 25 feet to a side or rear lot P P P line Table of Uses — Mixed Use ZOA-19-01 / An mal -Related Facilities MU -C MU -C Uses MU -N MU -C TOD Int Animal daycare, indoor P P P P with no outdoor runs or pens Veterinary clinics and hospitals, no outdoor runs or pens P P P P ZOA-19-01 / An mal -Related Facilities Animal -related uses are not permitted in any residential zone district and are specifically prohibited as home-based businesses (Section 26-613). In general, animal -related uses are limited to indoor facilities in most zone districts. Historically, the limitations on outdoor runs have presumably been motivated in some part to separate them from residential neighborhoods where noise impacts could have a negative effect. The purpose of allowing outdoor runs in some districts as a special use is to acknowledge that the use may or may not be compatible depending on the surrounding conditions. The special use permit (SUP) process requires a neighborhood meeting, public notice, and may can result in a City Council hearing if objections are received. City Council Policy Direction The issue of land use regulations pertaining to animal daycares, specifically dog daycares with outdoor play yards, has risen to prominence in the past year. In July of 2018, a business license was submitted for a dog daycare and training facility, with accessory overnight boarding, to operate out of 4575 Wadsworth Boulevard. The property is zoned Commercial -One (C-1), therefore, the license was approved with the condition that there be no outdoor runs. The business owners have expressed a desire to utilize an outdoor run associated with their training/daycare operation. More recently, the City has received inquiries from a business owner about opening a dog daycare/training facility with an outdoor run in another C-1 zoned property located at 5883 W. 38"' Avenue. Similarly, they have expressed interest in having some outdoor activity areas. This topic was previously discussed at a City Council Study Session on December 17, 2018, during which staff received direction from Council to provide a more in-depth study on animal daycare facilities, and specifically the merits of permitting them through a Special Use Permit in the C-1 zone district. Subsequently, staff presented an analysis of the code and zoning maps at an April 15, 2019 City Council Study Session. Council consensus was to permit animal daycares with outdoor play yards as a special use in the C-1 and C-2 zone districts. Council also directed staff to research and propose supplemental regulations on this use, specifically to consider some limitations on the outdoor play yard and boarding given proximity between C-1, C-2, and residential zone districts. Proposed Ordinance Based on review of other cities' regulations for animal -related facilities and in collaboration with the Police Department, specifically the Community Services Officers who enforce kennel licensing and serve as animal control officers in the field, the attached ordinance was drafted. Summarized below are some of the key highlights of the ordinance and the reasoning behind the proposed regulations: • The code amendment proposes to limit the number of animals outside to a maximum of 15 at any given time for animal daycare facilities in the C-1 and C-2 zone districts. o This number is aligned with the State of Colorado's Pet Animal Care and Facilities Act (PACFA) allowance of one human supervisor for every 15 dogs. ZOA-19-01 / Animal -Related Facilities o Limiting the number to 15 animals reduces the intensity of the outdoor use area given that C-1 and C-2 zoned properties are often close to residential zoning/uses. In addition, C-1 and C-2 zoned properties are often smaller than agriculturally zoned properties, which require a minimum lot size of one acre to accommodate animal -related uses. The code amendment proposes to establish setbacks for outdoor play yards to be at least 20 feet from side and rear property lines where they are adjacent to residentially zoned or used property (for C-1 or C-2 zoned properties). o In A-1 and A-2 zone districts, a 25 -foot setback applies between outdoor play yards and adjacent residential zoning or uses. A slightly reduced setback in C-1 and C-2 is proportional with the often smaller lot sizes. o The proposal is consistent with Denver and Lakewood, who also require 20 -foot setbacks. • The code amendment proposes to allow overnight boarding as an accessory use in animal daycare facilities (in C-1 or C-2 zone districts), up to 25% of the gross floor area of the structures associated with the animal daycare. o This is to distinguish the daycare use from a kennel, which allows overnight boarding as the primary use. o This code language is consistent with language elsewhere in the code quantifying the extent of an accessory use. A numeric standard provides clarity for business owners. • The code amendment updates definitions and use table listings for animal -related facilities for consistency, clarity, and ability to cross reference. o For example, terms used for veterinary hospitals in the use table were updated to match the terms listed under definitions. o The "animal daycare facility" use is also added as a special use in the A-1 and A-2 zone districts. The intent is to provide clarity and to distinguish it from the "dog kennels, catteries, veterinary hospitals" use. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal -related facilities." Exhibits: 1. Proposed Ordinance ZOA-19-01 / Animal -Related Facilities CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ANIMAL -RELATED FACILITIES (CASE NO. ZOA-19-01) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the Code) pertaining to zoning, land use, and development; and WHEREAS, the City Council has identified a need to clarify regulations pertaining to animal -related uses and outdoor activities associated therewith; and WHEREAS, the City Council has determined it appropriate to allow by special use animal daycare facilities in certain commercial zone districts; and WHEREAS, the City Council finds that this amendment does not diminish the quality or character of its commercial corridors or neighborhoods; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 26-123 (Definitions) of the Code is amended by the addition of a new definition in its appropriate alphabetical location: ANIMAL DAYCARE FACILITY. A FACILITY LICENSED BY THE STATE OF COLORADO AND THE CITY OF WHEAT RIDGE POLICE DEPARTMENT WHERE ANIMALS MAY BE GROOMED, TRAINED, EXERCISED, AND/OR SOCIALIZED. Section 2. Section 26-204 of the Code, entitled Table of Uses for Agricultural and Public Facilities and Table of Uses for Commercial and Industrial Districts, is amended as follows with the rows in their appropriate alphabetical locations: Table of Uses—Agricultural and Public Facilities _ Uses I Notes A-1 A-2 PF ANIMAL DAYCARE SEE § 26-644 S S FACILITY Doa kennels, Provided that outside I S S catteries, veterinary runs, PLAY YARDS, C RC C-1 hospitals PENS, OR ANIMAL DAYCARE S TRAINING AREAS FACILITY which are adjacent to residentially zoned or used property are Kennels SEE § 26-644 no closer than 25 S feet to a side or rear lot line With outside runs, Table of Uses—Commercial and Industrial Districts Section 3. Section 26-644 (Animal -related facilities) is hereby added to Article VI. Supplementary Regulations: SEC. 26-644. ANIMAL -RELATED FACILITIES. FiWilI N N 4 0I LII =I 1&ffe10UL10I11UVila DIX07M N =1111 yeCd 141111 *1N: Fil INES] -3 0ILIIe1 KENNEL LICENSE FROM THE CITY OF WHEAT RIDGE POLICE DEPARTMENT. Notes SEE § 26-644 C RC C-1 C-2 1-E ANIMAL DAYCARE S S FACILITY Kennels SEE § 26-644 S 4nir al „e+e.;„,., With outside runs, P P PLAY YARDS, VETERINARY PENS, OR HOSPITAL TRAINING AREAS; no cremation WHERE THERE S P P P P ARE NO OUTSIDE RUNS,PLAY YARDS, PENS, OR TRAINING AREAS; NO CREMATION Where there are no S P 4nirnal „e+e.;„,., P P P outside pens 9 VETERINARY HOSPITAL (SMALL res fer G1e96, RUNS, PLAY ANIMAL, YARDS, OR ENCLOSED) TRAINING AREAS; no cremation Section 3. Section 26-644 (Animal -related facilities) is hereby added to Article VI. Supplementary Regulations: SEC. 26-644. ANIMAL -RELATED FACILITIES. FiWilI N N 4 0I LII =I 1&ffe10UL10I11UVila DIX07M N =1111 yeCd 141111 *1N: Fil INES] -3 0ILIIe1 KENNEL LICENSE FROM THE CITY OF WHEAT RIDGE POLICE DEPARTMENT. B. ANIMAL DAYCARE FACILITIES IN MIXED USE ZONE DISTRICTS ARE SUBJECT TO THE FOLLOWING ADDITIONAL REGULATIONS: 1. ANIMALS SHALL NOT BE KEPT OR BOARDED OVERNIGHT, BRED, SOLD, OR LET FOR HIRE. 2. NO OUTDOOR PLAY YARDS, RUNS, PENS, OR TRAINING AREAS ARE ALLOWED. C. ANIMAL DAYCARE FACILITIES IN THE C-1 AND C-2 ZONE DISTRICTS ARE SUBJECT TO THE FOLLOWING ADDITIONAL REGULATIONS: 1. NO MORE THAN 16 ANIMALS SHALL BE OUTSIDE AT ANY GIVEN TIME. 2. OUTDOOR PLAY YARDS SHALL BE SETBACK AT LEAST 20 FEET FROM SIDE AND REAR PROPERTY LINES WHERE THEY ARE ADJACENT TO RESIDENTIALLY ZONED OR USED PROPERTY. 3. OUTDOOR PLAY YARDS SHALL BE SCREENED FROM VIEW SO AS NOT TO BE VISIBLE FROM ANY PUBLIC STREET OR ADJACENT PROPERTY. 4. ANY OUTDOOR PLAY YARD SHALL ONLY BE USED FROM DAWN UNTIL DUSK FOR SUPERVISED EXERCISE AND TRAINING USE. THIS SHALL NOT PROHIBIT THE OCCASIONAL USE OF OUTDOOR AREAS FOR SUPERVISED ANIMAL RELIEF OUTSIDE OF THESE HOURS. 6. OVERNIGHT BOARDING SHALL NOT EXCEED TWENTY-FIVE (26) PERCENT OF THE GROSS FLOOR AREA OF THE STRUCTURES ASSOCIATED WITH THE ANIMAL DAYCARE. OVERNIGHT BOARDING SHALL BE ENCLOSED WITHIN A SOUNDPROOF BUILDING. D. KENNELS AND ANIMAL DAYCARE FACILITIES WHICH ARE SUBJECT TO THE SPECIAL USE PERMIT PROCESS, PER SECTIONS 26-114 AND 26-204, IN ZONE DISTRICTS WHERE INDICATED IN THIS CHAPTER ARE, IN ADDITION TO THE REQUIREMENTS OF THIS SECTION, SUBJECT TO THE CONDITIONS OF APPROVAL ATTACHED TO THE SPECIAL USE PERMIT. Section 4. Section 26-1111 of the Code, Permitted Uses, is amended as follows with the rows in their appropriate alphabetical location: Permitted Uses Uses I MU -C MU -C MU -C MU -N Interstate TOD Animal daycare, P P P P r6+as eF pens (SEE § 26-644) Veterinary clinics and hospitals, no P P P P outdoor runs erPeRG, PLAY YARDS, PENS, OR TRAINING AREAS 3 Section 5. Code Section 26-1119 (Definitions) of the Code is amended as follows in the appropriate alphabetical location: Animal daycare facility. A facility licensed by the State of Colorado AND THE CITY OF WHEAT RIDGE POLICE DEPARTMENT where animals may be groomed, trained, exercised, and socialized, h6,+ R9t kept 9F beaF ped eveMight, bred sold 9F yet for hire Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 10th day of June, 2019, ordered published with Public Hearing and consideration on final passage set for Monday, June 24, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of 12019. SIGNED by the Mayor on this day of 2019. r_T40r:61n Janelle Shaver, City Clerk Bud Starker, Mayor Approved as to form 4 Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: