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HomeMy WebLinkAbout06/16/2011City of `7`Theat Ridge PLANNING COMMISSION Minutes of Meeting June 16, 2011 1. 2. 3. 11 5. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29` Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam Marc Dietrick Tracy Guildner Dick Matthews Scott Ohm Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE George Pond Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda. The motion passed unanimously. APPROVAL OF MINUTES — May 19, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to approve the minutes of May 19, 2011 as presented. The motion carried 5 -0 with Commissioners GUILDNER and TIMMS abstaining. 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) Planning Commission Minutes 1 June 16, 2011 No members of the public wished to address the Commission at this time. 7. PUBLIC HEARINGS A. Case No. WZ- 11 -03 A city- initiated rezoning of the Wadsworth Corridor to Mixed Use Commercial (MU -C) This case was presented by Sarah Showalter. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. Chair BUCKNAM opened the public hearing. Louise Turner 11256 West 38 Avenue Ms. Turner stated she was here to learn more about the proposed rezoning but expressed concern with city- initiated, rather than citizen driven, rezoning because it eliminates checks and balances. It's difficult for City Council to sit as an imp judge when the matter has been initiated by the city. Residents north of 44` are opposed to high density development. She expressed concern about higher population density and questioned whether it would result in a better quality of life in Wheat Ridge. Since population studies have not been done in the past twenty years, she encouraged the Commission to consider a current population study. Michael Smith Mr. Smith stated that he is an attorney representing an out -of -state client who owns property in the subject area and who remains in opposition to rezoning. He and his client do not believe the concept will work because there are a variety of property owners along Wadsworth without one major property owner to drive development. There is also a problem with Wadsworth, a major state highway bisecting the area. This is not a neighborhood that can be pedestrian friendly. He stated that his client produces $200,000 in sales tax every year and did not believe that small storefronts would produce those kinds of results. He expressed concern about residential units above retail units. He stated his belief that mixed use development prevents big economic drivers from coming into the area and mixed use would also ultimately result in residential rental properties. Mixed use restrictions discourage existing businesses to improve what they have. Further, there are no tools in place to encourage developers to assemble properties. His client's property constraints remain in effect until 2023 and there is no plan to ever relinquish them. He stated that he has learned from his experience with mixed use developments that they are not always successful. Planning Commission Minutes 2 June 16, 2011 In response to a question from Commissioner BRINKMAN, Mr. Smith commented that Wadsworth is a 6 -lane state highway that drives mixed use away. Commissioner BRINKMAN commented that she did not believe there are any aspirations to make Wadsworth pedestrian friendly. Commissioner BRINKMAN asked what impact the urban renewal area has had on his client. Mr. Smith replied that there has been no positive impact. Mr. Smith requested that his letters to the city regarding this matter be made a part of the official record. Ms. Showalter advised Mr. Smith that these records would be included in the official record. In response to a request from Commissioner BRINKMAN, Ms. Showalter explained the noticing process. She stated that, although there is no requirement other than to provide notices in The Transcript, City Council directed staff to notify individual property owners in the area. Five separate mailings have been sent to property owners. Addresses were obtained through county records. Due to cost constraints, the letters were not sent by certified mail. In response to a question from Commissioner GUILDNER, Ms. Showalter explained that the mixed use zoning was adopted last September. Commissioner BUCKNAM commented that this is only the second time that Planning Commission has been asked to approve a rezoning to mixed use - commercial (MU -C). In response to a question from Commissioner TIMMS, Ms. Showalter stated that the rezoning would not cause the bank and Pep Boys properties to become nonconforming. In response to a question from Commissioner DIETRICK, Ms. Showalter stated that she was not aware of any negative impacts that the proposed rezoning would have on existing businesses. Commissioner BUCKNAM asked Mr. Smith if his testimony had covered the material contained in the letters sent to the city. Mr. Smith indicated that he was satisfied that the Commission had heard all his concerns through his testimony. Commissioner OHM asked if an elevated crossing over Wadsworth might be considered in the future. Ms. Showalter stated that while it could not be ruled out, elevated crossings are very expensive. Commissioner BRINKMAN asked if there was an estimate of the number of residential units that could be built in the subject 95 -acre area. Ms. Showalter stated that a very rough estimate would be several hundred new units. These 95 acres represent a very minimal percentage of the land in Wheat Ridge. Planning Commission Minutes 3 June 16, 2011 Commissioner BUCKNAM asked why more uniform boundaries were not established rather than adhering to the urban renewal boundaries. Ms. Showalter explained that City Council and property owners were in favor of rezoning only commercially zoned properties in the designated urban renewal area. It was moved by Commissioner GUILDNER to continue this matter until more information is available regarding letters and surveys. The motion died for lack of a second. Commissioner MATTHEWS commented that he promised to never rezone a property if there were objections from the property owner. He stated that he would like to exclude the entire northeast corner of the area of 44 Avenue, that includes Mr. Smith's client's property, from mixed use. If this client's property alone is excluded, it would not leave a deep enough strip of property for any future application of mixed use zoning. It was moved by Commissioner BRINKMAN and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ- 11 -03, a request for a City- initiated zone change from Neighborhood Commercial, Restricted Commercial, Commercial -One, Commercial -Two and Planned Commercial Development to Mixed Use - Commercial, for properties located along Wadsworth Boulevard, generally between West 35 and West 45 "' Avenues, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Corridor Subarea Plan. 2. The proposed zone change is compatible with the surrounding area. 3. Any applicant for development under the proposed zoning will provide adequate utility upgrades where needed. 4. The proposed zone change will not adversely impact the public health, safety or welfare. It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to amend the motion to exclude the northeast corner of 44 and Wadsworth from the MU -C rezoning. Commissioner BRINKMAN stated that she would vote against the amendment because the property represented by Mr. Smith would not become nonconforming as a result of the rezone. The property owner can stay with his present situation until 2030 or as long as he likes. The amendment failed by a vote of 2 to 5 with Commissioners TIMMS, DIETRICK, BUCKNAM, BRINKMAN and OHM voting no. A vote was taken on the main motion which carried 7 -0. Planning Commission Minutes 4 June 16, 2011 (Chair BUCK-NAM recessed the meeting at 8:20 p.m. The meeting was reconvened at 8:25 p.m.) Sarah Showalter took this opportunity to further explain the reasons for choosing the boundaries of the proposed rezone. The primary reason was that the urban renewal area alone is exempted from the height and density restrictions contained in the charter. B. Case No. MS- 11 -01 An application filed by BCS Community Credit Union for a 4 -lot consolidation plat on property zoned Commercial -One and located at 4203 Wadsworth Boulevard This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons and with conditions outlined in the staff report The applicant stated he had nothing to add to the staff presentation. Chair BUCKNAM opened the public hearing. Tammy Kaiser Ms. Kaiser lives two houses west of the subject property. She stated that she was happy to see this property improved and asked if there would be a buffer between the business and residential area. She also expressed strong objection to removing the traffic signal at Wadsworth and 3 -Acre Lane due to the amount of traffic in her neighborhood. Ms. Reckert explained that a 6 -foot landscaped buffer with a 6 -foot solid fence will be required along the western property line of the credit union. She also commented that the credit union will have much less impact on the neighborhood than the previous use as a fast food restaurant. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to APPROVE Case No. MS- 11 -01, a request for approval of a four -lot consolidation plat on C -1 zoned property located at 4203 Wadsworth, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. All utility providers can serve the property. With the following condition: 1. The language for the city certification be slightly modified. Planning Commission Minutes 5 June 16, 2011 The motion carried 7 -0. 8. OTHER ITEMS A. 38 Avenue Corridor Plan Update No update was available at this time. B. Garden Tour Commissioner BRINKMAN reminded the Commission about the first annual Wheat Ridge Garden Tour to be held on June 27. Tickets are $10 and may be purchased at the Richards Hart Estate. The tour is sponsored by Live Well Wheat Ridge. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to adjourn the meeting at 8:44 p.m. The motion carried 7 -0. �1 Alan Buckram, Chair Ann Lazzeri, Secre aryy Planning Commission Minutes 6 June 16, 2011