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HomeMy WebLinkAbout11-18-21City of W heat -Midge PLANNING COMMISSION AGENDA November 18, 2021 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on November 18, 2021 at 7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 291h Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Members of the Planning Commission and City staff will be physically present at the Municipal building for this meeting if allowed by health guidelines. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November 17) 2. Virtually attend and participate in the meeting through a device or phone: • Click hereto join and provide public comment (create a Zoom account to join) • Or call 1-669-900-6833 with Meeting ID 891 3472 4929 and Passcode: 678269 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Attend in person (meeting will be in-person unless prohibited by COVID-19 restrictions). 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA 5. APPROVAL OF MINUTES —October 21, 2021 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.) (continued on next page) Planning Commission Agenda — November 18, 2021 PUBLIC HEARING * Page 2 A. Case No. WZ-21-12: an application filed by Jacob Hill for approval of a zone change from Residential -One (R-1) to Residential -One B (R-113) for a property located at 9605 West 38th Avenue. This item has been rescheduled to December 16. B. Case No. WZ-21-10: an application filed by 2nd Chance Homes, Inc. for approval of a zone change from Commercial -One (C- 1) to Mixed Use -Commercial (MU -C) for a property located at 12100 West 44' Avenue. 8. NEW BUSINESS A. Upcoming Dates B. Project and Development Updates 9. OLD BUSINESS 10. ADJOURNMENT Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation — if applicable c. Public comment —time may be limited at the discretion of the Chair, often to 3 minutes d. Staff/applicant response e. Close public hearing f Commission discussion and decision 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 ifyou are interested in participating and need inclusion assistance. 1. 2. 3. 4. City of WheatMidge PLANNING COMMISSION Minutes of Meeting October 21, 2021 CALL THE MEETING TO ORDER The meeting was called to order by Chair LARSON at 7:03 p.m. This meeting was held in person and virtually, using Zoom video -teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Kristine Disney Daniel Larson Janet Leo Scott Ohm Jahi Simbai Melissa Antol Will Kerns Ari Krichiver Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Zareen Tasneem, Planner 1 Jordan Jefferies, Civil Engineer 11 Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DISNEY and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES — October 7, 2021 Planning Commission Minutes October 21, 2021 -1— It was moved by Commissioner OHM and seconded by Commissioner SIMBAI to approve the minutes of October 7, 2021, as written. Motion carried 5-0. 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. PUBLIC HEARING A. Case No. WS -21-02: an application filed by Silver Cloud Properties, LLC for approval of a 6 -lot major subdivision in the Residential -Three (R-3) zone district located at 3900 & 3920 Upham Street. Mr. Cutler gave a short presentation regarding the subdivision 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 OHM inquired if the property's right-of-way dedication would provide a detached sidewalk. Mr. Cutler clarified there will be a 5 -foot attached sidewalk constructed with the proj ect. Commissioner DISNEY asked if the 2 existing homes are slated to be demolished. Ciaran O'Brian, applicant 3900 Upham St Mr. O'Brian explained that there is no intention to demolish the existing homes and currently there are building permits to remodel the homes. Commissioner LARSON asked from which direction the utilities will come (from Upham Street or the rear of the property) and if Tract A is for storm water detention. Mr. Cutler said the utilities will come from Upham Street and will be buried; he also confirmed that Tract A is for stormwater detention. Public Comment Nobody from the public wished to speak. Planning Commission Minutes -2— October 2— October 21, 2021 Commissioners SIMBAI, OHM and LARSON all agreed that this case was very straight forward, and staff had a good presentation and appreciated the work that was done. It was moved by Commissioner OHM and seconded by Commissioner DISNEY to recommend APPROVAL or case No. WS -21-02, a request for approval of a major subdivision on property located at 3900 and 3920 Upham Street and zoned Residential -Three (R-3) 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. The applicant shall pay the required fees -in -lieu of parkland dedication a time of each building permit. 2. The developer shall enter into a Subdivision Improvement Agreement with the City at the time of recordation of the subdivision plat. Motion carries 5-0. B. Case No. MS -21-07: An application filed by Frank Zwolinski with Power Surveying for approval of a minor subdivision to replat 5 lots into 2 lots on property zoned Residential -One C (R -1C) and located at 2844 Depew Street. Ms. Tasneem gave a short presentation regarding the subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMBAI asked why the two lots are not equal in size. Damon Decker, applicant 3333 Bryant Street Mr. Decker explained that the original intent was to have both equal but had to adjust the lot sizes to save a couple old trees on the property. Commissioner LARSON asked to have explained the fire hydrant comment from West Metro Fire Department. Planning Commission Minutes -3— October 3— October 21, 2021 Ms. Tasneem explained this is atypical comment from the Fire Department because they assess if there are enough fire hydrants on the site. If not, they request one be added. Public Comment Daniel Reyna, resident 2815 Depew Street Mr. Reyna asked if the public improvements will include sidewalks along all of Depew Street beyond just the subject property. Ted Sorenson, resident 2845 Chase Street Mr. Sorenson asked if there will be one house on each lot. Ms. Tasneem confirmed there will be one house per lot per the development standards in the R -1C zone district. She explained the existing home is going to demolished. Mr. Jefferies explained that a 5 -foot attached sidewalk will be required across the frontage of the subdivision which will be ADA compliant. Ms. Mikulak added that the applicant will only be required to add the improvements along their portion of street frontage which is typical of development. She mentioned the City does not have the budget to complete the entire block with sidewalks. Commissioner SIMBAI asked when the Lakeside Subdivision was created. Ms. Mikulak said 1890 and as shown the street names are different than today's names. Commissioner OHM asked if it was mentioned in the staff report that the R- 1C has bulk plane regulation. Ms. Tasneem confirmed that the bulk plane regulations do apply to this property. Commissioner SIMBAI asked for clarity on the requirement for a fee in lieu of parkland dedication. Ms. Mikulak explained that the fee is only assessed on the net increase of dwelling units. The applicant gets credit for the unit that was on the property even if demolished and only pays the fee for the one additional unit created by the plat. It was moved by Commissioner DISNEY and seconded by Commissioner LEO to recommend APPROVAL of Case No. MS -21-07, a request for Planning Commission Minutes -4— October 4— October 21, 2021 approval of a minor subdivision to replat 5 lots into 2 lots on property zoned Residential -One C (R -1C) and located at 2844 Depew Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Fees in lieu of parkland dedication shall be provided at time of building permit. 2. Public improvements (i.e., curb, gutter, and sidewalk) must meet current design standards with new development or fees in lieu shall be provided, to be determined by the Engineering Division during building permit review. Motion approved 5-0. C. Case No. WZ-21-04: an application filed by Norris Design on behalf of Evergreen -Clear Creek Crossing for approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) located at 4051 Clear Creek Drive. Mr. Cutler gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Christine McRight, applicant 1873 S Belaire, Denver Ms. McRight gave a brief presentation regarding the zone change for the Planning Area 9 site at Clear Creek Crossing and Evergreen's vision for the site. Commissioner SIMBAI asked if there are to be more than 250 units applied for, how that impacts the current traffic study. Mr. Jefferies explained that a revised traffic letter would be requested showing the impact of the additional units. Mr. Cutler mentioned that if the zone change is approved then the maximum number of apartments allowed by the zoning documents is 250 units; the zoning would not allow them to exceed 250. Planning Commission Minutes - 5— October 21, 2021 In response to a question from Commissioner OHM, Ms. Mikulak explained that the City does not need to redesignate the property in the Comprehensive Plan. Commissioner OHM noticed the Planning Commission Certification is absent and asked if that will be added. Mr. Cutler confirmed that was an oversight, and it will be added to the mylars for the correct signature. Commissioner OHM also inquired how many proposed pedestrian cycling trips this project will generate on the Clear Creek Trail. Mr. Jefferies mentioned the trip generation does not include a cycling count, so at this time the City does not know. Commissioner DISNEY asked how pollution will be mitigated from going into the Coors ponds adjacent to this project. Mr. Cutler said the property lines are setback quite a distance from the ponds. Ms. McRight added that a 6 -foot chain link fence will be installed. She added that the site is designed to drain to the northeast to the regional water quality feature and there are setback requirements and a buffer on the west side of the property. Commissioner LARSON asked if there is a long-term plan for the pond. Ms. McRight explained that the pond is the property of Coors and it is important to their business plan. Commissioner LARSON also inquired if these units will be rentals or for ownership and what the timeline is for the Specific Development Plan (SDP). Ms. McRight said they units will be market rate rentals and the SDP should be ready to present to the Planning Commissioners in early 2022. In response to a question from Commissioner LARSON regarding the Denver Water easement Mr. Cutler explained that Denver Water is very strict about what can or can't go in their easement and why the buildings are setback significantly from the street. Public Comment No one wished to speak Commissioner SIMBAI observed that it has been interesting to see how things have changed overtime in the project area. Planning Commission Minutes -6— October 6— October 21, 2021 Commissioner OHM mentioned he likes the proposal and the City definitely needs more housing and this is the perfect place for it. He added that he appreciates the applicant not building as high as they could. He would also like to have conversations about the volume of users on the Clear Creek Trail so all can continue to enjoy it. Commissioner LARSON echoed Commissioner OHM and agreed the zone change is a logical neat step for this project. It was moved by Commissioner LEO and seconded by Commissioner OHM to recommend APPROVAL of Case No. WZ-21-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) for property located at approximately 4051 Clear Creek Drive, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the goals for the Clear Creek Crossing area 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. Motion carries 5-0. 8. OLD BUSINESS 1W 9. NEW BUSINESS Commissioner OHMa ounced that this is most likely his last meeting due to his running for a City Council seat. He shared that he has enjoyed his 11 years on the Planning Commission and encouraged others to serve on the Commission as well. Commissioner LARSON informed the Commission that Commissioner KRICHIVER in District I will be stepping down due to professional and personal commitments. He wished both Commissioners the best in the future. Ms. Mikulak mentioned there will not be a November 4 meeting, but the November 18 meeting will be held. Planning Commission Minutes -7— October 7— October 21, 2021 Ms. Mikulak gave a brief update on a few of the development projects in the City. • The Wadsworth Blvd. groundbreaking took place the week before and the neighborhood meeting is scheduled for October 26 from 6-8pm which will be an open house format. • The Let's Talk program on What's Up Wheat Ridge is running the 1" round survey for the Fruitdale and Anderson Park Neighborhoods. • Fall waste program will be $5 on Nov. 6 & 7 at Anderson Park registration is required. • The City has a 50% matching grant to remove a dying or hazardous tree. Commissioner DISNEY asked about the trees that are dying on commercial properties. Ms. Mikulak said the City is hoping to get a City Landscaper back on staff to inspect the landscaping on commercial properties. Commissioner LEO ask whose responsibility the trees in the greenbelt belong to. Ms. Mikulak said to start with the Parks, Forestry and Open Space Division. Commissioner DISNEY was curious about the sound mitigation at the bottling company. Mr. Cutler said the wall is done but will have to wait for testing to see if it is working. Commissioner SIMBAI mentioned it was a pleasure working alongside Commissioner OHM and thanked him for his professionalism. 10. ADJOURNMENT It was moved by Commissioner DISNEY and seconded by Commissioner OHM to adjourn the meeting at 8:24 p.m. Motion carried 6-0. Dan Larson, Chair Tammy Odean, Recording Secretary Planning Commission Minutes October 21, 2021 ♦��4_ Wheat R, d� e I ( OMMUNITY DEVELOPMENT " Memorandum TO: Planning Commission FROM: Lauren Mikulak, Planning Manager DATE: November 9, 2021 SUBJECT: Case No. WZ-21-12 Rescheduled Case No. WZ-21-12 is an application filed by Jacob Hill for approval of a zone change from Residential -One (R-1) to Residential -One B (R -1B) for a property located at 9605 West 38th Avenue. This hearing has been rescheduled to December 16. The hearing will be republished, and new posting signs and letter notice will be completed. The staff report will be provided in the packet for the December 16 meeting. Because the case was previously published, the item appears on the November 9 agenda, but the hearing will not be opened. No motion or further action is required by Planning Commission. ♦441 City of Wheat ��e CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: November 18, 2021 (Planning Commission) / January 10, 2022 (City Council) CASE MANAGER: Stephanie Stevens, Senior Planner CASE NO. & NAME: WZ-21-10 / Howard Johnson Rezone ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Mixed Use - Commercial (NIU -C) LOCATION OF REQUEST: 12100 W. 441h Ave. APPLICANT / OWNER: Eric Boogaard, representing 2"d Chance Homes, Inc. APPROXIMATE AREA: 125,264 square feet (2.876 acres) PRESENT ZONING: Commercial -One COMPREHENSIVE PLAN: Neighborhood Buffer Area, Neighborhood Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Planning Commission CaseNo. WZ-21-10/11owardTohnson Rezone Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of the property at 12100 W. 44th Avenue is requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -Commercial (MU -C). The zone change is compatible with the area and will allow a wider range of potential land uses in the future, including residential workforce housing. IL EXISTING CONDITIONS The property is located on the southeast corner of Van Gordon Street and W. 44"' Avenue (Exhibit 1, Aerial). W. 441' Avenue is one of Wheat Ridge's main east -west arterials, with the 44"' Avenue Subarea Plan process slated to move forward in 2022. The I-70 interstate is nearby to the north. There is currently one access point into the site off W. 44"' Avenue and two access points off Van Gordon Street. The property is currently zoned Commercial -One (C-1) (Exhibit 2, Zoning). According to the Jefferson County Assessor, the property consists of 4 lots totaling 125,264 square feet (2.876 acres) in size, and it contains the Howard Johnson hotel built in 1985 which is currently operating. There is a restaurant component located on the first floor of the hotel that is currently vacant. The properties along this portion of W. 44"' Avenue are in commercial, mixed-use, residential, and agricultural zone districts, and primarily contain commercial uses including a truck stop across the street to the north. Tabor Lake borders the site to the south. III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU -C, a zone district intended for major commercial corridors and at community and employment activity centers. It encourages medium- to high-density mixed-use development. In addition to residential and civic uses, it allows for a range of commercial and retail uses. The C-1 district was established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. Land uses in this district are often supported by the community and/or entire region. Hotels are considered a special use in the C-1 zone district; this hotel is considered legally nonconforming because a special use permit was not required at the time it was developed. Residential uses are not permitted in the C-1 zone district, therefore a zone change is required in order to allow a conversion of the hotel into a residential use. The applicant has proposed to rezone the property in order to convert the existing 108 -room hotel and restaurant into approximately 100 residential apartments. The project aims to generate workforce housing to serve the Wheat Ridge area. The units will have kitchens and be a mixture of studio, one-, and two-bedroom units. The applicant has done similar types of conversion projects elsewhere in Colorado, including in Colorado Springs, Glenwood Springs, Pagosa Springs, Fountain, and Pueblo. The applicant does not want to displace existing long-term residents; after building permit approval, they anticipate it will take about 6 months to complete the conversion process. Long-term, they are Planning Commission CaseNo. WZ-21-10/HowardTohnson Rezone proposing to subdivide the front portion of the property and create two commercial pad sites. Any redevelopment or major change of use on the property would require a Site Plan review and/or building permits, which are separate application processes subsequent to the zone change. Until 2010, the only commercial zone change option was to a planned a development. The mixed-use zone districts were created in the code in 2010 to create an alternative to planned development zoning. The City then legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use -Commercial (MU -C) in 2011, and a portion of the 380i Avenue corridor to Mixed Use -Neighborhood (MU -N) in 2012 based on the recommendations of associated corridor plans. The remaining commercial corridors in the City (W. 440i Avenue, Harlan Street, Kipling Street, and Youngfield Street) contain a wide range of commercial and residential zones, which are sometimes incompatible with the actual character or uses of the corridors. The MU -C and C-1 districts have similar development standards with permitted uses and height being the primary differences. The C-1 zone district allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. By contrast, the MU -C zoning allows residential uses, commercial uses, or a mix of the two. This property is within the 44"i and Ward urban renewal area which is exempted from the City Charter's height and density limits. This means it may exceed 21 units per acre and the MU -C zone district establishes the maximum height. A summary of the MU -C zone district is provided below. Staff has reviewed potential zone change options and determined that the MU -C zoning is the most appropriate because of the character of the street in this area. W. 44th Avenue serves as a primary east - west connector and contains primarily light and heavy commercial uses in the immediate vicinity. The corridor acts as a transition from I-70 just west and the residential and agricultural uses to the south. The interstate is approximately 1/4 mile away and has recently been upgraded including new ramps associated with Clear Creek Crossing, completing safety improvements and improving pedestrian and Planning Commission 3 CaseNo. WZ-21-10/HowardTohnson Rezone CURRENT ZONING PROPOSED ZONING Commercial -One (C-1) Mixed Use -Commercial MU -C Uses Wide range of commercial land uses Allows residential, commercial, or mixed use — includes multi -family and live/work facilities Architectural and Site Design Manual Mixed -Use standards apply, including high Architectural (ASDM) standards apply, including high quality architecture, standards related to Standards quality architecture, standards related to articulation, variation, and materials articulation, variation, and materials Max. Building 50' 4 stories (62') for single use buildings Height 6 stories (90') for mixed use buildings Max. Lot coverage 80% 90�% for mixed use 85% for single use Min. Landscaping 20% 100% for mixed use 15% for single use Build -to Area 0-20' along property lines fronting public 0-20' along property lines fronting public streets streets Setbacks East (side): 5' per story East (side 0' South (rear): 10' 1't story plus 5' each (rear): ): 5' additional storySouth Staff has reviewed potential zone change options and determined that the MU -C zoning is the most appropriate because of the character of the street in this area. W. 44th Avenue serves as a primary east - west connector and contains primarily light and heavy commercial uses in the immediate vicinity. The corridor acts as a transition from I-70 just west and the residential and agricultural uses to the south. The interstate is approximately 1/4 mile away and has recently been upgraded including new ramps associated with Clear Creek Crossing, completing safety improvements and improving pedestrian and Planning Commission 3 CaseNo. WZ-21-10/HowardTohnson Rezone bicycle crossings. This kind of public investment can help catalyze improvements to a corridor, and the proposed zone change encourages corresponding private investment. The W. 40 Avenue corridor is naturally changing in response to the market. The Neighborhood Revitalization Strategy identifies W. 44ffi Avenue as a priority for planning efforts and the City is moving forward with a subarea plan in 2022 that will re -assess land uses and help to promote revitalization and attract investment to the W. 44ffi Avenue corridor, while maintaining the unique character of the area. Several other properties along W. 441' Avenue have also been rezoned to a mixed-use zone district in the past few years, including Mixed Use -Commercial Interstate just to the east and Mixed Use -Neighborhood (MU -N) on smaller sized lots that have more adjacency to residential. The MU -C and MU -N zone districts have virtually the same development standards (build -to is more flexible in MU -C at 20 feet instead of 12), but the MU -C district is designed for larger lots along busier corridors with intensity of uses being more comparable to that allowed in C-1. Having the MU -C zone at the hard corner of 44"' Avenue and Van Gordon Street is more appropriate given the prominence of this property, immediate adjacency to large -format commercial uses, proximity to the interstate, and since there are no low-density uses immediately adjacent. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns along 44th Avenue, the MU -C zone district is appropriate and complimentary to surrounding uses. MU -C zoning will support compatibility between future redevelopment and existing land uses and will likely add value to the surrounding area by supporting reinvestment along W. 44"' Avenue. Design standards for MU -C are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Ultimately, the MU -C zoning supports a vibrant corridor on W. 44"' Avenue and thereby promotes the health, safety, and welfare of the community. Rezoning will allow a development where residents are invested in the community and likely employees of local businesses. Commercial uses will serve the neighborhood residents, local business employees and visitors to Wheat Ridge. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building Planning Commission CaseNo. WZ-21-10/HowardTohnson Rezone permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one(1),of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. W. 40' Avenue runs east -west and provides essential connections to important activity centers on the western edge of the city (Ward Station TOD area, Clear Creek Trail, Clear Creek Crossing Development, Applewood Village and numerous residential neighborhoods). It is predominantly commercial in character. In the City's 2009 comprehensive plan, Envision Wheat Ridge, the property is identified as a Neighborhood Buffer Area and Neighborhood Commercial Corridor (Exhibit 5, Comprehensive Plan). The Neighborhood Commercial Corridor designation envisions the specified area to contain a broad mix of activities, including small-scale pedestrian -friendly mixed-use retail, commercial businesses, and residential, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. The subject area functions as a buffer between the low -intensity residential areas to the south and higher intensity commercial uses. Envision Wheat Ridge speaks to Neighborhood Buffer Areas as transitioning in response to the underutilized nature of these properties and deems multi -family residential and commercial uses appropriate. 44ffi Avenue is known to have a disparate mix of uses and lack of private property maintenance/investment along the corridor and Envision WheatRidge acknowledges this with goals and strategies that promote neighborhood revitalization through creative approaches for housing redevelopment, including reuse of existing structures to create new housing types as seen with the subject proposal. Stated goals in the comprehensive plan are to encourage neighborhood revitalization, diversify housing options, promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and small-scale retail use. This zone change request supports the comprehensive plan by enabling investment in the property, diversifying housing options, and by aligning the zoning with the City's goals to create an active, mixed-use corridor. The property is within the 44"' and Ward Urban Renewal area and the zone change is supported by the goals and objectives of the 44"' and Ward Urban Renewal Plan which identifies a need for redevelopment which would "promote greater and reasonable economic utilization" of the land. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Planning Commission CaseNo. WZ-21-10/HowardTohnson Rezone Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred oris occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to MU -C neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The City of Wheat Ridge acknowledges the need for diversifying housing stock. The Jefferson County Community Needs Assessment (2020) lists Recommendation 1 as prioritizing housing stability. Rezoning to allow for workforce housing responds to this community need which is not specifically enumerated in the City's 2009 comprehensive plan. The proposed commercial uses will offer new employment, retail and/or restaurant/entertainment opportunities. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on September 14, 2021. This meeting was advertised and conducted as a virtual meeting on Zoom. Seven members of the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, November 5, 2021, the City has not received additional comments or inquiries from surrounding property owners. VI. 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 Engineering Division: No comments. If future development occurs, comments will be provided at time of site plan and/or plat for this site. Planning Commission CaseNo. WZ-21-10/HowardTohnson Rezone Arvada Fire Protection District: No objections. Xcel Energy: No comments received. Century Link: No comments received. Comcast Cable: No comments received. Valley Water District: No objections. Water demand will be further reviewed at site plan application. Fruitdale Sanitation District: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan and 44"' and Ward Urban Renewal Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-21-10. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-21-10, a request for approval of a zone change from Commercial -One (C-1) to Mixed -Use Commercial (MU -C) for property located at 12100 W. 44"' Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of W. 44,' Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. The criteria used to evaluate a zone change supports the request." Option B: "I move to recommend DENIAL of Case No. WZ-21-10, a request for approval of a zone change from Commercial -One (C-1) to Mixed -Use Commercial (MU -C) for property located at 12100 W. 44"' Avenue, for the following reasons: 1. 2. ... Planning Commission CaseNo. WZ-21-10/HowardTohnson Rezone fill aFfx it EXHIBIT 2: ZONING MAP MD Geographic S Info Geiciogr Services Leriend I Q:.a.dpr .bi ■ Y �1 Planning Commission Case Ns. W -21-10/Howard Johnson Rezone ';1 �)Zkj P?OD ;�FkJ is 9 EXHIBIT 3: APPLICANT LETTER Rezone Request & Description: Project: Lakeview Apartments Address: 12100 W 44" Ave, Wheat Ridge CO, 80033 Date: September 24, 2021 Request: The applicant is requesting that the property at 12100 W. 44`" Avenue be rezoned from C-1 (Commercial) to MU -C (Mixed -Use Commercial). The proposed redevelopment of this site involves the conversion of the existing hotel use to residential (workforce housing) and additional available portions of the property best suited for commercial uses. Zone Change Description: a. Justification of Zone Change: The zone change is needed for the proposed development of residential workforce housing to be in compliance with Wheat Ridge Zoning Code. b. Effects on Area Character: The anticipated effects of the proposed redevelopment of the site would be to transform the property into a mixed use project where the combination of residential and commercial uses will result in a higher and better use for the property. Workforce housing will add residents to the neighborhood rather than transient hotel guests. The existing building will remain but undergo internal renovation. New construction will need to meet improved design standards that will benefit the appearance of this gateway corridor. c. Access & Circulation: The property has been zoned commercial use (C-1) and has operated as a hotel since 1985. Access to the property is provided by a driveway access onto W. 44`" Ave. and two driveway access points along Van Gordon Street which intersects with W. 44`" Ave. It is anticipated that the proposed site plan will not change the number of access points or their locations. Due to CDOT improvements to I-70 in 2010, West 44`" Avenue was modified to prevent outbound left turning movements from both the drive access and the Van Gordon Street intersection onto W. 44 Ave. The traffic study at the time of these improvements indicated that this corridor could accommodate a significant amount of new commercial uses. The site will utilize existing internal driveways and parking will meet all requirements for residential and commercial uses. d. Availability of Utilities: The property has all necessary utilities available to support the proposed residential and commercial uses proposed. Rezone Request -Lakeview Apartments Planning Commission 10 CaseNo. WZ-21-1 0 /Howard Johnson Rezone e. Effects on Public Facilities and Services: In general, public services such as fire, police, water, sanitation and roadways will not experience any significant change in impacts over the existing hotel and (previous) restaurant use. School impacts will be insignificant since the proposed work force housing will not likely attract families with school age children. New residents will want to access the public open space adjacent to the property. There will be an opportunity to improve the access and appearance of this south boundary. f. Proposal Relationship to City Policies: The City of Wheat Ridge's current Comprehensive Plan is a general policy document that records the city's goals and objectives related to land use decisions and future development. One goal in particular is to stimulate redevelopment of underutilized commercial land. This led to the creation of the Urban Renewal Area and the West 44`h Avenue/Ward Road Redevelopment Area. This rezone will allow for the property within this corridor to implement some of the goals of this plan through redevelopment of the site into a mixed use project to maximize the utilization of the land and improve the appearance of the gateway to the City. Zone Change Criteria: 1. Promotion of Health, Safety and General Welfare: This will be achieved through mixed use zoning that will allow a development where residents are invested in the community and likely employees of local businesses. Commercial uses will serve the neighborhood residents, local business employees and visitors to Wheat Ridge. 2. Adequate Infrastructure: Infrastructure is already in place to serve the hotel use and previous restaurant use on the site. Converted hotel use and the construction of new commercial uses will not require any significant changes to the available utilities. 3. Changes In Area & Community Need: Changes in the area spurred the creation of an Urban Renewal Area and subsequent adoption of the West 44`h Avenue/Ward Road Redevelopment Plan. This rezone will allow for the redevelopment of this property that promotes "greater and reasonable economic utilization" of the area. The Jefferson County Community Needs Assessment (2020) lists Recommendation 1 as prioritizing housing stability. Rezoning to allow for work force housing responds to this community need. The proposed commercial uses will offer new employment opportunities. Rezone Request -Lakeview Apartments Planning Commission 11 Case No. WZ-21-10 /Howard Johnson Rezone EXHIBIT 4: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: September 14, 2021 Zareen Tasneem, Planner I Virtual Zoom meeting 12100 W. 40' Avenue LD Hospitality Inc. No Eric Bogart Mark Nemger Stuart Sloat Yes Commercial -One (C-1) Neighborhood Buffer Area, Neighborhood Commercial Corridor Existing Site Conditions: The property is located on the southeast corner of Van Gordon Street and W. 40 Avenue. W. 40 Avenue is one of Wheat Ridge's main east -west arterials, with the 40 Avenue corridor study slated to take place to in 2022. The I-70 West interstate is nearby to the north. There is currently one access point into the site off W. 40 Avenue and two access points off Van Gordon Street. The property is currently zoned Commercial -One (C-1). According to the Jefferson County Assessor, the property consists of 4 lots totaling 125,264 square feet (2.876 acres) in size and contains a hotel built in 1985. The properties along this portion of W. 44a' Avenue are in commercial, mixed-use, residential, and agricultural zone districts, and primarily contain commercial uses including a truck stop across the street to the north. A Howard Johnson Hotel currently operates on the site. There is a restaurant component located on the first floor of the hotel that is currently vacant. Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the property to Mixed Use -Commercial (MU -C) in order to convert the existing 108 -room motel and restaurant into approximately 95 residential apartments. The project aims to generate workforce housing to serve the Wheat Ridge area. The units will have kitchens and be a mixture of studio, one-, and two-bedroom units. The applicant has done these kind of conversion projects elsewhere in Colorado, including in Colorado Springs, Glenwood Springs, Pagosa Planning Commission 12 CaseNo. WZ-21-10/11owardTohnson Rezone Springs, Fountain, and Pueblo. They do not want to displace existing long-term residents; after building permit approval, they anticipate it will take about 6 months to complete the conversion process. Long-term, they are proposing to subdivide the front portion of the property and create two commercial pad sites. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 7 members of the public attended the neighborhood meeting. All members of the public that attended were nearby residential residents. • Staff discussed the site, its zoning, and future land use. • The applicant and members of the public were informed of the process for the rezone. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • The applicant made a brief presentation on wanting to rezone to allow for them to convert the hotel into apartments intended for workforce housing. The following issues were discussed regarding the zone change: What assurances can you provide that you will not sell the property in a year? Will you be a long-term owner? The applicant stated they could not provide assurances. However, these conversions were projects they did to buy and hold since they would be making major investments in the property. • What other development projects have you done? The applicant has done many projects in Colorado Springs. They currently have on-going projects in Pagosa Springs and Glenwood Springs also focused on hotel conversions. What will the lease terms be? Will they be weekly or 6 -month leases? What will be the price range for the rent? What is the square footage per unit? These would be full -rime residents. Rent would be $1, 050-$1,350 per month. The applicant would work with a property management company to manage the property. Units will be about 250 sf— 650 sf each. Do you anticipate residents using Section 8 housing vouchers? The applicant anticipates maybe 10% of residents would be income -qualified, however they will neither focus on nor exclude such residents. Their focus is on providing workforce housing for service industry workers such as restaurant workers, teachers, hospital workers, etc. Residents will need to pass credit, background, and employment checks. One attendee noted: It is encouraging to see this Howard Johnson redevelopment. In addition to the Youngfield and Clear Creek Crossing development, we hope this will increase our home prices. One attendee alleged the truck stop across the street brings in "riff-raff' and that HUD housing also brings in crime. They observed that transient people are cutting the fencing around the greenbelt to access it, and they asked if the applicant would allow immigrants. Planning Commission 13 CaseNo. WZ-21-10/HowardTohnson Rezone The applicant clarified that these would be market -rate apartments, not HUD housing, and discrimination against immigrants is illegal. They also would like to see the lake cleaned up and useable. • What will the commercial use be? While the use is unknown, the applicant feels the property is underutilized and hopes it adds value to the community. They envision an additional building being built along W. 44" Avenue. Is there enough parking on the site? Could the building be used as a hotel again? The site is currently overpacked. While a hotel use is permitted under MU -C, that would require a change of use and need to meet applicable building code requirements. One attendee encouraged as much landscaping as possible in order to buffer from the truck stop, and noted the City needs to make sure the landscaping is maintained. They asked: Are there landscaping requirements? Will a dog park or a playground be required? Staff explained the City had a landscape inspection program for commercial properties and that it would apply to this property as well. There are landscaping requirements that would need to be met during the site plan review process. It is on the applicant to decide the amenity programming. Prior to the neighborhood meeting, staff did not receive any comments from the public. Planning Commission 14 CaseNo. WZ-21-10/HowardTohnson Rezone EXHIBIT 5: COMPREHENSIVE PLAN The following in an excerpt from the Structure Map within the Comprehensive Plan. II' Kaiser Campus � a Subject Property Neighborhood Buffer y TaborL�� Lake Neighborhood Commercial Corridor T T Prospect '4 Lake Planning Commission 15 Case No. WZ-21-10 /Howard Johnson Rezone EXHIBIT 6: SITE PHOTOS View of the subject property looking south from W. 44' Avenue. (Source: Google Maps November 202 1) View of the subject property looking southeast from W. 44' Avenue and Van Gordon Street intersection. (Source: Google Maps November 2021) Planning Commission 16 CaseNo. WZ-21-10/11owardTohnson Rezone View of the subject property looking east from Van Gordon Street. (Source: Google Maps November 2021) Planning Commission 17 CaseNo. WZ-21-10/HowardTohnson Rezone