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PLANNING COMMISSION
Minutes of Meeting
December 3, 2020
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 p.m. in a virtual meeting.
2. ROLL CALL OF MEMBERS
Commission Members Present: Melissa Antol
Kristine Disney
Will Kerns
Ari Krichiver
Daniel Larson
Janet Leo
Scott Ohm
Jahi Simbai
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager
Stephanie Stevens, Senior Planner
Dave Brossman, Development Review Engineer
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 carried 8-0.
5. APPROVAL OF MINUTES — November 19, 2020
It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON
to approve the minutes of November 19, 2020, as written. Motion carried 6-0-2 with
Commissioners LEO and DISNEY abstaining.
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December 3, 2020
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WZ-20-02 and WZ-20-03: an application filed by Industrial Partners
Qualified Opportunity Fund, LLLP for approval of a zone change from Planned
Commercial Development (PCD) to Planned Industrial Development (PID) with
approval of an Outline Development Plan (ODP) and Specific Development Plan
(SDP) for the development of an industrial warehouse located at 4990 Parfet Street.
Ms. Stevens gave a short presentation regarding the Zone Change, ODP, SDP and
the applications. 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.
Matt Mitchell of Industrial Partners Qualified Opportunity Fund, LLLP,
Applicant
4221 Brighton Blvd, Denver
Mr. Mitchell gave a brief presentation regarding the property, zone change, ODP
and SDP.
Commissioner KERNS asked what is located at the northwest corner of the
property and if 50th Avenue is proposed to go through to Parfet Street.
Ms. Stevens explained that the adjacent property in the northwest corner is zoned
Agricultural -One (A-1) and it is currently a single-family home. She added that
there is a long-term plan for 50th Avenue to connect through to Parfet if and when
the A-1 property redevelops.
Commissioner SIMBAI appreciated the thoroughness of the two presentations and
asked about the relationship of Industrial Partners Qualified Opportunity Fund,
LLLP and Westfield.
Mr. Mitchell explained that this site is in an Opportunity Zone and he described the
tax program. He added that Westfield is the developer and the LLLP is a required
entity that Westfield had to set up and fund to take advantage of the Opportunity
Zone treatment. He mentioned that Westfield will be long-term owners and will
lease to high quality tenants.
Commissioner SIMBAI asked about the timeline for construction and signing
tenants if the zone change and SDP are approved.
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Mr. Mitchell said the timeline for the public infrastructure is immediate with regard
to the Bayou Ditch, Arvada Channel and storm infrastructure, then obtaining
building permits to build the structure early next year, and finally to look for
tenants.
Commissioner LARSON also complimented the applicant on the thoroughness of
the presentation. He then asked about the expansion and improvement of Oak
Street and if it will be able to handle heavy traffic on both sides and the reasoning
behind 501h Avenue being extended.
Mr. Mitchell explained Westfield has proposed to dedicate more street frontage to
Oak Street than was required by City standard to better accommodate full size
trucks and trailers. He added that the extension of 501h Avenue is a requirement of
the City to construct at time of redevelopment and Westfield will comply.
Ms. Mikulak added that the City has been acquiring incremental parts of 50th
Avenue which has been a goal of the City to eventually extend 50th Avenue
through to Parfet Street upon redevelopment.
Commissioner KRICHIVER asked what the zoning was for this property prior to
the PCD rezoning in 2005.
Ms. Stevens said the northern part was Agricultural -One (A-1) and the rest was
Commercial -One (C-1).
Commissioner KRICHIVER also inquired about the unique site conditions.
Mr. Mitchell explained that the cost of this site is expensive to develop due to the
easements and having to move utilities and irrigation ditches to make the site
buildable. He also explained that the depth to ground water is only 2 feet and there
will have to be dewatering to bury the Arvada Channel.
Commissioner KRICHIVER asked if there has been any interest in developing this
site consistent with the zoning.
Ms. Mikulak clarified that Planned Commercial Development was planned
specifically for Mr. Medved to open a Hummer dealership which was not realistic
during the 2010 recession, but he was not interested in selling the property; so there
has not been a lot of inquiries for this site.
Commissioner OHM asked how staff feels about the proposed reduction in parking
and how does the City determine the adequate amount of parking spaces are
available if the percentage of warehouse/showroom changes in size in the future.
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Ms. Stevens explained that the City's code does not contemplate this large of a
scale for industrial buildings so the applicant supplied examples of parking
requirements of similar use to this site, in other jurisdictions. She mentioned the
study is listed in the applicant narrative. Ms. Stevens clarified that each tenant will
have to apply for a business license and at that time the parking will be evaluated
and tracked.
In response to a question by Commissioner OHM, Mr. Mitchell confirmed that the
location of the 10 -foot fence (wing walls) on the east side of the facade by the
loading areas may extend to the east screening the trucks. He mentioned that
Westfield is not proposing to put a 10 -foot tall fence around the perimeter of the
site.
Commissioner OHM why the applicant is seeking relief from the 3 material
variations typically required by the ASDM.
Mr. Mitchell explained it comes down to function and efficiency of an industrial
building of this scale.
Ken Harshman, Grey Wolf Architecture
1543 Champa Street, Denver
Mr. Harshman added that if too many materials are used than the cohesive nature
of the building design begins to fall apart. Instead, additional variation has been
provided in the form of changes in color and texture.
Julee Wolverton, Landscape Architect
61945 Nighthawk Rd, Montrose
In response to a few landscaping questions from Commissioner OHM, Ms.
Wolverton responded that the trees will be used for screening around the wing
walls of the loading area.
Commissioner OHM also had some concerns about sharp landscaping angles
around the detention pond.
Ms. Wolverton noted that she can change the sharp angles or remove edging to
make the transition easier to maintain.
Commissioner OHM also inquired if the City allows seeded slopes greater than 3:1
and if the 2:1 replacement tree ratio only applies to only 1 tree.
Ms. Stevens said the maximum slope for seeding is 4:1 and the replacement ratio
applies to all the trees that exist on the site currently. Ms. Wolverton confirmed
that the PUD requires all trees that are removed be replaced at a 2:1 radio.
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Commissioner LARSON asked if anything will be subsurface that will be affected
by the high water table.
Mr. Mitchell explained that the site will be raised and none of the foundations will
or loading area will be in the water table. There is no basement; the building will
be slab on grade.
Commissioner LARSON also inquired about the property to the south adjacent to
the frontage road and why Westfield did not acquire that site as well.
Mr. Mitchell clarified that there is an existing easement making it unbuildable and
the current owner is not interested in selling because it is the perfect site for their
billboards in relation to I-70.
Commissioner KERNS asked about the expansion of Oak Street and how it will be
done relative to the existing center line.
Mr. Mitchell replied that Westfield is only required to construct their half street
and mill and overlay the new asphalt. He mentioned it will stretch across the
center line so it will blend well.
Public Comment
Charles Stiesmeyer, resident
4996 Parfet, Wheat Ridge
Mr. Stiesmeyer mentioned he has lived in the home at the far northwest corner of
the property since 1998 and the City has always wanted to extend 50th Avenue
through but he has no plans in moving. He has concerns about the lighting from
the building and parking area. He also wondered if there will be a fence in-
between his property and Westfield's.
In response to the lighting concern and fence inquiry, Ms. Steven's mentioned that
the code requires no light spillage on to adjacent properties and all light fixtures be
shielded and down cast. Ms. Mikulak added that the City can provide the updated
site plans and lighting sheets to Mr. Stiesmeyer. Ms. Stevens also noted that there
is a proposed 6 -foot solid fence between the two properties with landscaping and a
15 -foot required buffer.
Chair OHM closed the public forum and requested a motion (one at a time for each
the ODP and the SDP).
It was moved by Commissioner DISNEY and seconded by Commissioner
LARSON to recommend APPROVAL of Case No. WZ-20-02, a request for
approval of a zone change from Planned Commercial Development (PCD) to
Planned Industrial Development (PID) with an Outline Development Plan
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(ODP) for property located at the northeast corner of I-70 Frontage Road N
and Parfet Street (4990 Parfet St.), for the following reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community and does not result in an adverse effect on
the surrounding area.
2. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan.
3. The proposed zoning is consistent with the intent of a planned
development, compatible with surrounding land use, and will result in
a high-quality development.
4. The criteria used to evaluate a zone change supports the request.
5. The proposed planned development is necessary and appropriate to
accommodate a large -format industrial land use which is not
contemplated to the City's standard zoning codes.
In discussing the motion, Commissioner KRICHIVER mentioned he is struggling
with the zone change because historically the zoning was A-1 and C-1.
Commissioner DISNEY said she sees no problem with the zone change and this
area of town will continue to develop because it is a desirable area now and is
appropriate for the way the area is trending.
Commissioner LARSON said that given the investment involved, an industrial site
makes sense.
Commissioner ANTOL echoed all that was said by Commissioners DISNEY and
LARSON. She suggested the Commission should consider the evolution of the
area more so than its past and noted it would be difficult to get a modest
commercial development on this site.
Commissioner OHM thinks this is a good fit for the area and is not straight
industrial.
Chair OHM called for a vote.
Motion carried 8-0.
Chair OHM called for a motion for the Specific Development Plan.
It was moved by Commissioner KERNS and seconded by Commissioner
DISNEY to recommend APPROVAL of Case No. WZ-20-03, a request for
approval of a Specific Development Plan on property located at the northeast
corner of I-70 Frontage Road N and Parfet Street (4990 Parfet St.), for the
following reasons:
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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.
Commissioner DISNEY thought the presentations were detailed and informative
and thinks the building will be very attractive and it will be nice to see high quality
tenants at this site.
Commissioner KERNS likes that this project will create jobs which is specifically
called for in the City's comprehensive plan and in proximity to rail stations.
Commissioner OHM would like to see staff articulate a condition that a 10 -foot
wall or fence only be allowed in the truck/loading area; not on the property line or
in the landscape buffer and if staff could add an appropriate condition to reflect
this.
Ms. Mikulak offered condition language and described the process for a friendly
amendment to the main motion.
Commissioners KERNS and DISNEY accepted the following condition as a
friendly amendment:
1. Ten -foot (10') walls or fences shall only be allowed within the loading
area and shall not be located within required setbacks or landscape
buffers. "Loading area" is defined as the pavement area on the east
side of the building as identified on the Specific Development Plan.
Chair OHM called for a vote.
Motion carried 8-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
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Ms. Mikulak mentioned there will be a December 17 Planning Commission
meeting regarding a code amendment for Short -Term Rentals.
10. ADJOURNMENT
It was moved by Commissioner LEO and seconded by Commissioner ANTOL to
adjourn the meeting at 8:48 p.m. Motion carried 8-0.
Scott Ohm, Chair Tammy Odean—Re rding Secretary
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