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HomeMy WebLinkAbout04-06-23City of W heat -Midge PLANNING COMMISSION AGENDA April 6, 2023 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on April 6, 2023 at 6:30 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 291h Avenue, Municipal Building. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 5) 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 826 2089 2305 and Passcode: 704388 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. 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 —February 2, 2023 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 — April 6, 2023 PUBLIC HEARING * Page 2 A. Case No. WZ-23-01: An application filed by Ivonne Reynosa for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU-N) on a property located at 7890 W. 381' Avenue. B. Case No. WPA-22-01: A resolution recommending adoption of the 44a' Avenue Subarea Plan and by such adoption amending the Wheat Ridge Comprehensive Plan. C. Case No. ZOA-23-03: An ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for dedication of Public Parks and Sites and making confirming amendments therewith. 8. NEW BUSINESS A. Resolution 02-2023 B. Election of Officers C. Upcoming Dates D. 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 Amanda Harrison, 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. 1. 2. 3. 4. City of WheatMidge PLANNING COMMISSION Minutes of Meeting February 2, 2023 CALL THE MEETING TO ORDER The meeting was called to order by Chair ANTOL at 6:31 p.m. This meeting was held in person and virtually, using Zoom video -teleconferencing technology. 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: Melissa Antol Jerry DiTullio Will Kerns Daniel Larson Janet Leo Jonathan Schelke Julianne Stern Commission Members Absent: Kristine Disney Staff Members Present: Lauren Mikulak, Planning Manager Stephanie Stevens, Senior Planner Jeff Hirt, Senior Neighborhood Planner Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner DITULLIO and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES — December 1, 2022 Planning Commission Minutes February 2, 2023 -1- It was moved by Commissioner LARSON and seconded by Commissioner SCHELKE to approve the minutes of December 1, 2022 as written. Motion carried 6-0-1 with Commissioner DITULLIO abstaining. 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. WZ-22-06: An application filed by Davis Partnership Architects on behalf of Intermountain Healthcare for approval of a Specific Development Plan (SDP) to facilitate construction of a 137,000 sq. ft., 5-story Medical Office Building (MOB) on a property zoned Planned Mixed -Use Development (PMUD) and located at 12905 West 40t' Avenue. r Ms. Stevens gave a short presentation regarding the Specific Development Plan 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. Aaron Brewster, Applicant 1550 Market St., Ste, 200, Denver Mr. Brewster gave a brief presentation about the location and the architecture of the MOB and mentioned it is independently owned and operated separately from the hospital. The MOB is a ground lease with Intermountain Healthcare. In response to a few questions from commissioners about the pedestrian connectivity, parking and sidewalks, Ms. Stevens explained all was determined during the SDP process for the main hospital building. Commissioner LARSON asked about the sky bridge connecting the parking garage and the MOB. Mr. Brewster said the connection is from the 3`d floor of the garage to the 2°d floor of the MOB. He mentioned there is also a bridge from the parking garage to the hospital. Commissioner KERNS thinks there is more parking than will be used and questioned if the part of the parking lot could be developed in the future if all the parking spaces are not used. Planning Commission Minutes - 2 - February 2, 2023 Ms. Mikulak agreed there is nothing in the zoning that would preclude development from happening so long as minimum parking requirements are met. Public Comment No one wished to speak at this time. In response to a question from Commissioner LARSON as to whether this is the last of the big developments at Clear Creek Crossing, Ms. Stevens said it is not and there is still vacant land between Hampton Inn and Lifetime as well as vacant land on the southeast corner of 40a' Avenue and Clear Creek Drive in the designated retail area. Chair ANTOL closed the public hearing and mentioned she is very impressed by the design of the MOB and the creation of an exciting, robust and consistent design with this building. It was moved by Commissioner DITULLIO and seconded by Commissioner LARSON to APPROVE Case no. WZ-22-06, a request for approval of a Specific Development Plan for the construction of a 137,000 square foot, 5- story medical office building on property located at 12905 W. 40' Avenue within Planning Area 1 of Clear Creek Crossing, for the following reasons: 1. The Specific Development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the Code of Laws. 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. 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 design manuals With the following conditions: 1. Prior to commencing construction, civil construction drawings shall be approved, and appropriate permits shall be obtained. 2. Building permit submittals shall be consistent with the SDP. B. Case No. ZOA-23-02: An ordinance amending Section 26-803.G of the Wheat Ridge Code of Laws, to adopt the flood hazard delineation maps for Clear Creek dated September 2, 2022 as a local flood hazard area. Mr. Westberg gave a brief presentation on floodplain updates for Clear Creek. Planning Commission Minutes - 3 - February 2, 2023 Commissioner DITULLIO asked if the new map gives the City more authority to tell the property owner what they can or can't do in the floodplain areas. Mr. Westberg clarified that it will allow the City to regulate the areas that are in a flood hazard area. Commissioner DITULLIO would like to see the City put funds into mitigating floods by improving drainage, so property owners do not have to pay for flood insurance. Ms. Mikulak mentioned that the boundaries are changed periodically to reflect the risk and as data methodologies get better the City can more accurately assess the risk. She agreed that the City does not have a sustainable revenue source to address drainage and stormwater infrastructure and it will be an upcoming study session topic with City Council. Mr. Westberg added that in the next month there will be a kick-off for a masterplan for Clear Creek to identify the projects that can modify the creek area to remove property owners from the floodplain, mentioning there will be grant opportunities to find funding sources. Commissioner LARSON asked how many properties are within the floodway and if there is a map to view. Ms. Mikulak said there are over 100 properties with the most being in the Clearvale area and Mr. Westberg explained the map and showed the public websites with the map and study information: • Clear Creek Floodnlain Comparison Man (arcgis.com) Iq • httns://www.iconeng.com/project/ClearCreek FHAD/ Commissioner LARSON inquired as to what has attributed to the change in maps. Mr. Westberg said it is because the recognition that flows are 30% lower than previously assumed in the older hydrology. Commissioner ANTOL asked to have clarified what this map is actually doing. Mr. Westberg gave a brief history of flood maps dating back to 2003 and is hoping that sometime this year Clear Creek maps can be submitted to FEMA so properties will be removed from the floodplain which will also remove their mandatory flood insurance requirement. Commissioner STERN thanked Mr. Westberg for his passion and informative presentation and his help making it understandable and thinks the City has a responsibility to adopt and regulate based on current maps. Planning Commission Minutes - 4 - February 2, 2023 Commissioner KERNS asked if the City has funds to construct drainage improvements. Ms. Mikulak explained that drainage improvements fall under the City's Capital Improvement Program (CIP). Because the City does not have a sustainable CIP funding source other sources are used such as bonds and grants. She added that floodplains do not affect everyone in the City, so it can be a challenge to gain financial support for those projects. Funding of CIP and drainage or floodplain projects will be a topic of conversation with City Council later this year. Commissioner STERN agrees that public investment is called for and hopes for investments in the Clear Creek and 44"' Avenue areas. Commissioner LARSON noted that amending the floodplain maps is the responsibility of the City and the Planning Commission to approve tonight. Public Comment No one wished to speak. It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Section 26- 803.G of the Wheat Ridge Code of Laws, to adopt the flood hazard delineation maps for Clear Creek Dated September 2, 2022 as a local flood hazard area. Motion carried 6-1 with Commissioner DITULLIO voting against. C. Case No. ZOA-23-01: An ordinance amending Section 26-115.E of the Wheat Ridge Code of Laws, concerning a request for interpretation by the Board of Adjustment. Ms. Mikulak gave a brief presentation about this ordinance hitting a few key points. Commissioner LARSON inquired if there currently is a time limit to meet if there is an appeal to be heard by the Board of Adjustment. Ms. Mikulak confirmed there is not currently a time limit. If the ordinance is approved, it would become 30 days from the date on the letter of the Director's decision. She also explained the process for filing an appeal to the Board of Adjustment. Commissioner SCHELKE asked what the problem is that the City is trying to fix. Planning Commission Minutes - 5 - February 2, 2023 Ms. Mikulak clarified that the City does not want an open-ended time frame for an appeal to the Board of Adjustment; she gave the example of a recent billboard appeal in 2022 which happened 6 months after the Director's decision. Public Comment No one wished to speak. It was moved by Commissioner LEO and seconded by Commissioner KERNS to recommend approval of the proposed ordinance amending Section 26-115.E of the Wheat Ridge Code of Laws concerning requests for interpretation by the Board of Adjustment. Motion carried 7-0. 8. NEW BUSINESS A. Update on the Affordable Housing Strategy and Action P Mr. Hirt gave a brief summary and overview on the recent Council adoption of the Affordable Housing Strategy and Action Plan. He mentioned that the entire report along with a lot of background material is on What's Up Wheat Ridge. Commissioner SCHELKE asked what was meant by "relatively affordable housing." Mr. Hirt explained the term is Naturally Occurring Affordable Housing (NOAH) and explained that Wheat Ridge is unique in having a larger stock of units in an affordable range compared to surrounding cities. Commissioner STERN asked how Planning Commission can expect to be involved in operationalizing some of these recommendations. Mr. Hirt and Ms. Mikulak summarized the Strategy's proposals related to zoning code amendments and the Comprehensive Plan. Commissioner DITULLIO asked if rents would be raised if money is invested in NOAH units. Ms. Mikulak agreed that would be the likely outcome if left to the market, but a program that is well tested and very appropriate for housing stock would include the City providing the funds to make investments in older NOAH units in exchange for deed restrictions that requires rent to be income -qualified and/or capped. The purpose of the program would be to preserve affordable housing stock and improve its quality. Planning Commission Minutes - 6 - February 2, 2023 In response to a question from Commissioner LARSON, Ms. Mikulak confirmed there is no target for modifying the ratio of renter- and owner -occupied households in the City. Commissioner ANTOL commented that there is no way to regulate how much of an increase a landlord can place on rent such as rent control to maintain affordability. Ms. Mikulak mentioned that rent control is not something that can be implemented locally. Mr. Hirt added there will be space for these questions on the implementation and the zoning framework of affordable housing and the strategy to come. B. Upcoming Dates Ms. Mikulak mentioned there will be no Planning Commission Meeting on February 16. C. Project and Development Updates Ms. Mikulak mentioned the Let's Talk neighborhood blitz in Paramount Park and Southeast Wheat Ridge is wrapping up and will be presented to City Council on February 13. She added that the development of the new hospital at Clear Creek Crossing is approximately 1'/2 years from the target opening. 9. OLD BUSINESS 10. ADJOURNMENT It was moved by Commissioner DITULLIO and seconded by Commissioner SCHELKE to adjourn the meeting at 8:24 p.m. Motion carried 7-0. Melissa Antol, Chair Tammy Odean, Recording Secretary Planning Commission Minutes - 7 - February 2, 2023 ♦�441 City of Wh6atBjLd e g CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: April 6, 2023 (Planning Commission) / May 8, 2023 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner I CASE NO. & NAME: WZ-23-01 / CLC Rezone ACTION REQUESTED: Approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU-N) LOCATION OF REQUEST: 7890 W. 38th Avenue APPLICANT / OWNER: Children's Learning Center (Ivonne Reynosa and Jessica Valenzuela) APPROXIMATE AREA: 22,428 square feet (0.515 acres) PRESENT ZONING: Residential -Two (R-2) COMPREHENSIVE PLAN: Neighborhoods ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Site Planning Commission Case No. WZ-23-01 /CLCRezone All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of the property at 7890 W. 38"' Avenue is requesting approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU-N). The zone change will result in a zoning designation that can act as a transition between the existing residential uses to the west and the commercial uses to the east. The owner of the property intends to convert the existing structure to a childcare center which is not permitted in R-2 but is a permitted use in the MU-N zone district. IL EXISTING CONDITIONS The property is located on the southeast corner of W. 38th Avenue and Allison Street (Exhibit 1, Aerial Map). The property is zoned Residential -Two (R-2) and is situated as atransitional site between a commercial district and residential neighborhood. Adjacent properties to the west are also zoned R-2 and include single -unit and duplex homes in a well -established neighborhood. On all other sides of the subject property are higher intensity uses. The site is wrapped to the south and east by a Planned Commercial Development (PCD) which includes a 4-story office building. Additional commercial uses are located further east, and across 38th Avenue to the north are medical office buildings and the Wilmore Center (Exhibit 2, Zoning Map). According to the Jefferson County Assessor, the site is 22,428 square feet (0.515 acres) in size. The site currently contains a vacant 1,748-square foot single - unit dwelling, constructed in 1957. III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU-N, a zone district intended to provide medium density mixed -use development. In addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. The current zone district, R-2, was established to provide high quality, safe, quiet and stable low to moderate -density residential neighborhoods, and allows for a single -unit or duplex dwellings. The property has been on and off the market for a number of years with limited interest in residential use and a series of unsuccessful commercial ideas. All previous proposals would not have been supported by the comprehensive plan, or by the goals and vision for the corridor, either being too dense or too intense to serve as transitional uses. The applicant intends to rezone the property to allow for neighborhood serving uses and to provide a transitional buffer between the existing residential uses and commercial uses (Exhibit 3, Applicant Letter). The applicant has stated they believe the zone change would enable them to bring an invaluable and much needed service to the community with a quality childcare provider. The ability to utilize the property and existing structure would allow them to improve the site and increase curb appeal. The proposed use of the site as a childcare center is not allowed in R-2, and the MU-N district would provide more flexibility for lower -intensity neighborhood serving businesses to exist. The current R-2 zoning is a remnant of the past and reflective of Wheat Ridge's residential neighborhoods. The R-2 zoning dates back to the City's original 1972 zoning map. While R-2 zoning does appear in this area along 38' Avenue, most homes are oriented to the side streets, not W. 38ffi Avenue. The MU-N and R-2 districts are quite different in terms of development standards and Planning Commission Case No. WZ-23-01 /CLCRezone permitted uses but the design standards for any new development in MU-N are strict and include architectural standards, open space requirements, setbacks, and parking requirements. The R-2 district allows for single -unit or duplex dwellings. By contrast, MU-N zoning allows residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number. The City legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use -Commercial (MU- C) in 2011. That boundary was generally from W. 350' Avenue to W. 45' Avenue in the commercial core. The boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at the time. This property was not included in the legislative rezoning as it is located just outside of the Wadsworth Corridor. Many properties along W. 380i Avenue east of Wadsworth Boulevard have been rezoned to MU-N and act as transitional buffers between higher intensity commercial zones and the adjacent residential uses to the north and south. These MU-N properties can serve as atransition zone as properties gradually get smaller in size, and this property has the ability to serve the same transitional purpose. MU-N zoning is appropriate for this segment and particularly on this property given its size and its location and can act as a transition between the commercial uses immediately to the east, as well as the uses on Wadsworth Boulevard, and the neighborhood to the west. The applicant is not proposing redevelopment. If redevelopment were to occur in the future under MU-N, the code includes increased setbacks and residential transition requirements for the western portion of the property which is adjacent the neighborhood. A summary of the MU-N zone district is provided below. PROPOSED ZONING Mixed Use -Neighborhood MU - Uses Allows residential, commercial, or mixed use — includes multi -family and live/work facilities Architectural Standards Mixed -Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Max. Building Height 35' if the building has a residential use 50' for all other uses Max. Lot coverage 90 for mixed use 85�% % for single use Min. Landscaping 10% for mixed use 15% for single use Build -to Area 0-12' along front property line Setbacks North (side): 10' or more, depending on number of stories (since the property abuts a residentially zoned lot that contains a single- or two-family residential use) South (side): 0' West (rear): 5' Density 21 dwelling units per acre 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. Planning Commission Case No. WZ-23-01 /CLCRezone Based on the existing character and land use patterns on nearby Wadsworth Boulevard, as well as the changing character and land use patterns along W. 38' Avenue, the MU-N zone district is appropriate and would allow more flexibility in terms of uses while maintaining the low intensity nature of area. For that reason, the zone change should not have an adverse effect on the surrounding area. Instead, the MU-N zoning is expected to add value to the subject property and enable a vacant property to function at its highest and best use. The mixed -use development standards will support compatibility between future reuse and existing land uses. In addition, any MU-N building containing residential is limited to 35 feet in height and design standards for MU-N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. 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 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. 38' Avenue is a primary east -west thoroughfare in the City, is classified as a principal arterial, and transitions to residential character west of the subject property. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as a Neighborhood Buffer Area (Exhibit 5, Comprehensive Plan). This designation is reserved for sites located on the edges of neighborhoods and is intended to act as a transition between low intensity residential uses and higher intensity commercial uses. The Comprehensive Plan envisions the conversion of underutilized properties to serve as a mix of residential and small scale commercial developments. A stated goal in the comprehensive plan is to promote reinvestment in underutilized properties and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling reinvestment in the property, by expanding the permitted uses on the property, and by aligning the zoning with the City's goals to improve the appearance, mix of uses, property values, and overall vitality of the areas. Staff concludes that this criterion has been met. Planning Commission Case No. WZ-23-01 /CLCRezone b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-2 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 or is 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. The W. 38' Avenue Corridor has evolved significantly over the last decade. The land uses nearby along Wadsworth Boulevard and along W. 38' Avenue east of Wadsworth Boulevard are evolving to be more compatible with the regional transportation purposes those streets serve. Commercial, townhome, and multi -unit investments in the area have increased and are expected to continue as the City invests in the road improvements and streetscape. As this area continues to develop, the need for more neighborhood serving uses, such as childcare, increases. The proposed zone change would help to meet the needs of the community and bridge the gap in this area. Staff concludes that this criterion has been met. 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 proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. 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 November 1, 2022. This meeting was advertised and conducted as a virtual meeting on Zoom. No one from the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes) One phone call was received in advance of the meeting. As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. Planning Commission Case No. WZ-23-01 /CLCRezone 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 received. West Metro Fire Protection District: No objections. Xcel Energy: No objections. Century Link / Lumen: No comments received. Comcast Cable: No comments received. Wheat Ridge Water District: No objections. There may be a potential need to replace the service line with copper as the current line may contain levels of lead which exceed allowed amounts. The applicant was advised to work with Wheat Ridge Water directly to address this. Any future redevelopment would be referred to the district for review and approval. Wheat Ridge Sanitation District: No objections. The current meter may need to be upgraded from residential to commercial. The applicant was advised to work directly with Wheat Ridge Sanitation to address this. VIL 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. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-23-01. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-23-01, a request for approval of a zone change from Residential -Two (R-2) to Mixed -Use Neighborhood (MU-N) for property located at 7890 W. 38" 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. 4. The zone change will provide additional opportunity for reinvestment in the area. The criteria used to evaluate a zone change supports the request." Planning Commission Case No. WZ-23-01 /CLCRezone Option B: "I move to recommend DENIAL of Case No. WZ-23-01, a request for approval of a zone change from Residential -Two (R-2) to Mixed -Use Neighborhood (MU-N) for property located at 7890 W. 38" Avenue for the following reasons: 1. 2. ... Planning Commission Case No. WZ-23-01 /CLCRezone EXHIBIT 1: AERIAL Planing Commission Case No. W 23 01 / CLCResone L45 EXHIBIT 3: APPLICANT LETTER Written Request to rezone MO W. Max Ave to Mixed -Use Zone Applicant is proposing rezoning 2890 W 38°Avetoamlxedusezone.Thezonechangeis needed In older bar applicant o Inn a calticare center. Appllont has mmplftedthe pre- applicationrequired Sweden 2zr112 of the municipal code Pe I private covering when it promotes the general welfare of the community and is movement with article for review. Rezoning to mixed use would promote the general welfare of community as access W quality aMltlore would enrich the community and Wheat Ridge at later. Accestoqual'rty, cMldare is invaluable m families and working parents In the community. propeM owner, Ivonne, has been in the childcare business for nearly 2 decades and their true passion is mora ing quality care Do children. Applicant currently has a entrance leader located In Denver door the Sloan's Lake area and the wahli4 for hrfants only (8 weeks to 38 month all he currently 80 families Iong. The community need for quality childcare Is evident. The proposed rezoning is necessary in order to fill this community need. Additionally, applicant plans to Use the same residential building currently present o wereannoodrize, the childcare water Applicant plans to expand access to the building by creating a driveway Into me property, as it eurremry stands there Is no driveway Into the property, only gravel. The curb appeal of the property will be grertry pereued with confectionary, new landscaping, new small parkin lot, new fence, and new most changes. Applicant plans to expand the cMldare center in a couple of years but tices rim currently plan to demolish the current residential building.Thereason applacantbopes to expand the chiltlare center in Duple of vesicle because we expM to have a wamiII for this location as well as Denver and its nmmeareassuch as Wheat Ridge are growing at a fact rate. There ,me future effect on the community would only be to expand me access to quality childcare as the city grows. Opposers of this proposal may argue that rezoning tomtyetl use will allow the potential of large developer coming in W build mwnhames, we aoumopposenthaapplM nt is not a large developer. Applicant is the owner ofa fracture business only hoping to expand their services to Wbertlifill To continue, the property is surrounded by mix of counci lal buildings and residential properties. Applicant believes keeping the current emotional building and convecting it into childcare center will fat well with The physical respects, "a current surroundings. The added value of curb appeal and minor exterior remord will promote the general welfare of hire commune Moreoveq traffic watems In the community are not egectudm be impacted We do rat expo¢[ a large future effect on public fecil@les and oerflow such as fire, police, parks, smaols, el threatened candidates do have a yeatly fire inspection with the beat%re de cidamenp so that would he the impact on the fire department but they do this already for other licensed Wld®res'm their dktal see we do not expect a large effect on public faclldies and services. Plorvmg Comrmarton C .. Na WZ-23-01/CLCRmme In conclusion, appnranua exa ea W Fang their trimcare centerwyon to Re at 789()W.38m Ave it allowed Applicant is look'mgfonvaN to being a part of Wheat Wage Wmmmay. Thank you for your consideration and time. Pf,m„gCom....... CueNa Er23-01/CLCR,i FRONT ENTRANCE OPTIONS CONCEPT PLAN D A K E CONCEPT PLAN *Renderings are preliminary, subject to fixture site plan and permit approval. �DAKE Planning Commission 12 Case No. WZ-23-01 /CLCRezone EXHIBIT 4: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: November 1, 2022 Attending Staff: Stephanie Stevens, Senior Planner Alayna Olivas-Loera, Planner I Location of Meeting: Zoom Property Address: 7890 W. 38"' Ave. Property Owner(s): Ivonne Reynosa Property Owner(s) Yes Present? Applicant: Ivonne Reynosa Jessica Valenzuela Applicant Present? Yes Existing Zoning: Residential -Two (R-2) Existing Comp. Plan: Neighborhoods Existing Site Conditions: The property is located on the southeast corner of W. 38th Avenue and Allison Street. The property is zoned Residential -Two (R-2) and is situated as atransitional site between a commercial district and residential neighborhood. Adjacent properties to the west are also zoned R-2 and include single -unit and duplex homes in a well -established neighborhood. On all other sides of the subject property are higher intensity uses. The site is wrapped to the south and east by a Planned Commercial Development (PCD) which includes a 4-story office building. Additional commercial uses are located further east and across 38th Avenue to the north medical office buildings and the Wilmore Center. According to the Jefferson County Assessor, the site is 22,428 square feet (0.515 acres) in size. The site currently contains a vacant 1,748-square foot single -unit dwelling, constructed in 1957. Applicant/Owner Preliminary Proposal: The applicant is proposing to repurpose the existing structure and convert it into a childcare center which would accommodate approximately 30 children and feature two to three classrooms. A playground is proposed south of the building and access will be taken on the west side of the property off of W. 38th Avenue. No major changes to the overall site are proposed. Planning Commission 13 Case No. WZ-23-01 /CLCRezone The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, no members of the public attended the neighborhood meeting. • Staff discussed the site, its zoning and the requirements of a Zone Change. • The applicant and members of the public were informed of the process for the Zone Change. • The members of the public were informed of their opportunity to make comments during the process and at public hearings. • One phone call was received in advance of the meeting and expressed concerns regarding change to anything other than a single-family home, and advocated for limited hours, fencing/buffering, and noise limitations if the applicant was to move forward. No issues were discussed regarding the Zone Change request. Planning Commission 14 Case No. WZ-23-01 /CLCRezone Subject Property EXHIBIT 5: COMPREHENSIVE PLAN The following in an escerpt from the Strucmre Map within the Comprehensive Plan. A Connects to Arvada _ r - - qTq ,. ! III _ Connects o BeWar Neighborhood Buffer Area nects to Planning Commission 15 Case No. 6 2301/CLCRe?one EXHIBIT 6: SITE PHOTO View of the subject property looking south from W. 38' Avenue. (Source: Google Maps, November 2022) View of the commercial corridor looking east from the subject property on W. 381" Avenue. (Source: Google Maps, November 2022) Planning Commission 16 Case No. WZ-23-01 / CLC Rezone City of WheatPLANNING COMMISSION �dge COMMUNITY DEVELOPMENT STAFF REPORT MEETING DATE: April 6, 2023 TITLE: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO RECOMMENDING ADOPTION OF THE 44TH AVENUE SUBAREA PLAN AS AN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN, ENVISION WHEAT RIDGE CASE NO. WPA-22-01 ® PUBLIC HEARING ® RESOLUTION Case Manager: Stephanie Stevens Date of Preparation: March 24, 2023 ❑ CODE CHANGE ORDINANCE SUMMARY: Since early 2022, more than 350 community members have shared their thoughts on the 44"' Avenue Subarea Plan, which is combining public input with technical analysis to establish a long- range vision for W. 44th Avenue and surrounding areas between Clear Creek and I-70. Plan recommendations will guide public and private investments in the future. The 44"' Avenue Subarea Plan outlines a 20-year vision for the area and is based on twelve months of input from Wheat Ridge businesses, organizations and community members. This plan addresses the need to develop comprehensive strategies that 1) promote revitalization and attract investment to the W. 44th Avenue corridor and 2) enhance the adjacent neighborhoods and the City as a whole. The plan reflects and builds upon input from the 2019 Neighborhood Revitalization Strategy and from the ongoing Let's Talk resident engagement program. On December 9, 2019, City Council awarded a contract to MIG, Inc., a professional planning firm, to lead the community through the subarea planning process. This effort was put on hold due to the pandemic and subsequent changes to the City's budget and workplan. The subarea planning process formally kicked off in January 2022. A Planning Commission study session was held on May 19, 2022 to share existing condition findings and gain input on the plan vision. More recently a study session was held with Planning Commission on December 1, 2022 to report on engagement, to outline plan recommendations and to gather feedback from Planning Commission. City Council also conducted two study sessions during the planning process — on May 16 and December 19. The meetings and all public engagement are summarized in the Engagement Report provided as Attachment 2. WPA-22-01 / 44' Avenue Subarea Plan BACKGROUND: West 44th Avenue is one of the City's primary east -west corridors, and the 44th Avenue Subarea Plan is a long-range planning document for the western portion. The plan focuses on W. 44th Avenue between Youngfield Street and Clear Creek (near Field Street) and more broadly includes the portion of the City between Clear Creek and I-70. This western segment of W. 44th Avenue is the primary connection between the eastern and western portions of the city and the primary connection to key destinations such as RTD's Wheat Ridge - Ward commuter rail station, Clear Creek Trail, the Clear Creek Crossing development at the City's far western edge, and numerous adjacent residential neighborhoods. The Envision Wheat Ridge Comprehensive Plan, adopted in 2009, classifies W. 44th Avenue as a Neighborhood Commercial Corridor and the primary east/west corridor for the city. The 2019 Neighborhood Revitalization Strategy and ongoing Let's Talk program both identify W. 44th Avenue as a priority for planning efforts. The 44th Avenue Subarea Plan updates and replaces the 2007 Fruitdale Subarea Plan which covered a smaller geographic area and pre -dates many existing conditions including the current I-70 ramps, the Wheat Ridge - Ward station, investments in Anderson Park, and the Clear Creek Crossing development. Like the City's other subarea plans, this Plan will be adopted as an update or amendment to the City's comprehensive plan. The subarea planning process combined public input with technical analysis to establish a long- range vision and guiding principles for the W. 44th Avenue corridor which will guide public and private investments over the next 20 years. The plan includes an assessment of land use, transportation, circulation, neighborhood connections and redevelopment strategies to ensure they are appropriate for the area. The plan enumerates many recommendations and specifies high priority actions that will help achieve the community's vision to visibly improve the area, with a focus on revitalization and reinvestment. After a public hearing before the Planning Commission, the City Council will hold a public hearing on April 26, 2023 to make a final decision on adoption of the plan. Notice for this public hearing was provided as required by the Code of Laws. Subarea Planning Engagement Process The Let's Talk program completed engagement blitzes in the Fruitdale and Anderson Park neighborhoods from October 2021 to March 2022. Building on that engagement effort, the City and MIG have been working on the 44th Avenue Subarea Plan since early 2022 and designed a substantial public engagement component. The project was organized into three phases of engagement: 1) Vision and foundation; a. Winter through Spring 2022 b. 150 community members involved 2) Overall strategy and synthesis; and a. Summer 2022 b. 150 additional community members involved 3) Final recommendations and action a. Fall 2022 through Winter 2023 b. 50 additional community members involved WPA-22-01 / 40 Avenue Subarea Plan Each phase of the project involved a variety of engagement opportunities, including advisory committee meetings, focus group meetings, public meetings, online engagement, and presence at local events (aka pop-up events). Opportunities for community input included: • Online engagement activities posted to the What's Up Wheat Ridge project page, including visioning survey and mapping, strategy survey, and recommendations survey • Three advisory committee meetings in January 2022, May 2022 and January 2023 • Two sets of focus group meetings in February and June 2022 • Three community -wide public meetings in February, June and September 2022 • Project team presence at local events and activity centers such as the Wheat Ridge Recreation Center, Performances in the Park, Dumpster Days, and Carnation Festival • Study sessions with Planning Commission and City Council in May and December with adoption hearings in March 2023 Summary materials from each phase of engagement can be found on the project page at WhatsUnWheatRidge.com/44th-Avenue. Communications for the project have been robust, utilizing all available City media outlets including direct mail, traditional media, and regular updates via social media, emails, City website, yard sign postings and What's Up Wheat Ridge communications. The City began using What's Up Wheat Ridge in 2020 which has enabled better outreach and the ability to keep stakeholders better informed. A full list of engagement and communications related to the project are provided in the attached Engagement Report (Attachment 2). Technical analysis of the market, traffic and existing conditions were conducted in parallel with public engagement to guide ultimate recommendations of the plan and ensure actionable outcomes. These technical reports were used in conjunction with public input to shape the recommendations and ensure they are grounded in reality. The reports are included as part the final plan appendices. Subarea Plan Organization The plan is divided into four main chapters. Chapter I of the plan provides background information about the subarea and project phasing. Chapter II describes the public input process and technical analysis. Chapter III lays out the vision, recommendations and strategies and finally, Chapter IV includes the action plan. Recommendations and actions build off of the public input and technical analyses presented in prior chapters and include a series of maps for reference to geographically -based strategies. The recommendations presented in Chapter III provide for long-term (20 year) direction and guidance, while the action plan in Chapter IV is intended to include more immediate actionable items that can be accomplished near- to mid-term (0-10 years). At the most recent study sessions with Planning Commission and City Council in December 2022, staff presented the overall plan structure and draft recommendations. Feedback from the December study sessions and public comment informed minor revisions. The final draft is provided as Attachment 3. The plan is organized into guiding principles (which reflect the visioning phase of public engagement), major recommendations, and specific strategies. This framework is shown in the image below. WPA-22-01 / 44t' Avenue Subarea Plan VISION4 RECOMMENDATIONS4 STRATEG IES4 SCOMFORT ' ' CONNECTIVITY ' ' AND H STORY ' ' SMALL B 5 NESS' I DIVERSI Y COMFORT MAJOR RECOMMENDATIONS *V LAI K7*A1 KNA9291•- PRIMARYCORRIDOR COMMUNITY• • ENHANCEMENTS IMPROVEMENTSINVESTMENTS RiRu MUN TRAvsL CENTER MU Noos peacL,u—HRrues& RECREATIONAL Touaism W 44 Ave Coa oR ENs MU INTEM—E NODE EMVLMIENT No,e NBHD CouxEarviTr NoATN WEsT NN Loo SMALL BLU—s Focus REsI.ENnAL & NTIOxeORN000 Focus ExiniNG NEiGxaoRN000s GEUEaALHwsixe CREIRAccEss I-70 BRIDGES AND Sirs IMPROVFMENTs UNDER>A , BUILDING IMrROVEMENTs FAMIn-Focusso ADJMETCON LEGMU: WssT 44TNAvsxus GENERAL INTEREE<TION IMPR AOIA<ENi CONNECTIVITY MU: MI%FD UsE ® IMRaovsMsurs xDlxraAsraucTuas INT: INTERSECTION E.EIRIMRROVFMFNis WEST44TNAvENLEBRiDG1 STRESTscARs D.,GN NBHD: NEIGHBORHOOD AT CLEAR CRE Implementation An essential goal of the subarea plan was to create a community -backed and realistic vision plan with actionable outcomes focused on revitalization and investment of the W. 44th Avenue corridor and surrounding area. The action plan outlined in Chapter IV of the plan document is new information since last study session and was vetted through engagement by the Advisory Committee. It is intentionally focused on targeted implementation work that can be completed in the near- to mid-term and falls within a few buckets: the use of regulatory tools to balance new development with the unique character, ways to attract and retain businesses, and improving mobility and connectivity throughout the subarea. If implemented strategically, the vision can be realized. The action plan helps prioritize the multitude of recommendations, and it provides a road map for moving into implementation quickly. Staff will continue to evaluate the action plan, and as time passes and conditions change additional recommendations will be elevated to action. Next Steps for Adoption Enclosed is a resolution that recommends adoption of the plan as an amendment to the Wheat Ridge Comprehensive Plan. The Commission's recommendation will be forwarded to the City Council who will hold a public hearing on April 24 to make a final decision on adoption of the plan. WPA-22-01 / 44' Avenue Subarea Plan 4 RECOMMENDED MOTION: "I move to adopt Resolution 01-2023, a resolution recommending adoption of the 44 h Avenue Subarea Plan as an amendment to the City's Comprehensive Plan, Envision Wheat Ridge, and forwarding said recommendation to the Wheat Ridge City Council." Exhibits: 1. Resolution 01-2023 2. Engagement Report 3. 44t' Avenue Subarea Plan 4. 44t' Avenue Subarea Plan Appendices WPA-22-01 / 44t' Avenue Subarea Plan EXHIBIT 1: RESOLUTION 01-2023 (see attached) WPA-22-01 / 40 Avenue Subarea Plan CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 01 Series of 2023 TITLE: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO RECOMMENDING ADOPTION OF THE 44TH AVENUE SUBAREA PLAN AS AN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN, ENVISION WHEAT RIDGE WHEREAS, the City Council of the City of Wheat Ridge adopted the Fruitdale Subarea Plan on August 13, 2007; and WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan, Envision Wheat Ridge, on October 12, 2009; and WHEREAS, Subarea Plans are adopted as amendments to the City's comprehensive plan; and WHEREAS, the City Council, Planning Commission, and community have recognized the need to complete a planning effort for the W. 44"' Avenue corridor to establish a long-range vision and to identify action steps that promote a vibrant corridor; and WHEREAS, the City Council directed staff and its consultants to prepare a Subarea Plan for the corridor and surrounding area; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, City Council and Planning Commission desire to amend the Comprehensive Plan to provide direction for the W. 44th Avenue corridor and immediately surrounding area as identified in the Subarea Plan; and WHEREAS, Planning Commission held a public hearing on April 6, 2023 as provided by C.R.S. 31-23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, as follows: 1. The Planning Commission of the City of Wheat Ridge hereby recommends adoption of the 44t' Avenue Subarea Plan attached as Exhibit A. 2. The Planning Commission recommends that the 44"' Avenue Subarea Plan supersede the Comprehensive Plan for the portion of the City covered by the Subarea Plan. 3. A copy of this resolution shall be forwarded to the City Council. [continued on next page] DONE AND RESOLVED THIS day of 12023. ATTEST: Secretary to the Planning Commission CHAIR, PLANNING COMMISSION 2 EXHIBIT 2: ENGAGEMENT REPORT (see attached) WPA-22-01 / 40 Avenue Subarea Plan Engagement Report January 2022 - April 2023 M eetings/Activities: The 44th Subarea Plan project engagement is complete and was organized into three phases: 1) vision and foundation; 2) overall strategy and synthesis; and 3) final recommendations and action. Each phase of the project built upon the next and brought additional engagement opportunities, including advisory committee meetings, focus group meetings, public open houses, online engagement, and presence at local events. The dates of these events included the following (dates that do not include year occurred in 2022): • January 31 —Advisory committee meeting —14 members • February 3 - Business/Residential focus group A meeting-5members • February 7 — Business/Residential focus group B meeting —5members • February 7 — Business/Residential focus group C meeting —5members • February 9 — Residential focus group meeting— 10 members • February 23 — Open house public meeting #1—±60 attendees • February 24 - Visioning Survey and Mapping Exercise (February 23 meeting+ online + printed)- 31 responders • March 26— Intercept Event at Wheat Ridge Recreation Center - +30attendees • May 16 — City Council study session • May 19 — Planning Commission study session • June 21 — Advisory committee meeting —14 members • June 28 — Business/Residential focus group — ±8 attendees • July 6 — Open house public meeting #2 - ±60 attendees • July 7 — Strategy Survey (July 6 meeting + intercept events + online + printed) —44 responders • July 14 & July 8— Business Walks -+35 business conversations • July 27 — Intercept event at Performances in the Park ±25 stopped by • August 13 — Intercept event at Carnation Festival - ±25 stopped by • August 20 — Intercept event at Dumpster Days - ±90 flyers distributed • August 25 — Community conversations at Hops with Cops -±5 attendees • August 29 — Community conversations at District IV Council Meeting - +9 attendees • August 24 — Community conversations Wheat Ridge Business Association Monthly Coffee -+10 attendees • September 27— Open house public meeting #3 -±35 attendees • September 28 — Recommendations Survey (September 27 meeting+ online + printed) —54 responders as of November 17 (survey closes November 28) Attachment 2 Page 1 • December 1 — Planning Commission study session • December 19— City Council study session • January 27,2023— Advisory committee meeting— 14members • April 6, 2023— Planning Commission adoption hearing • April 24,2023— City Council adoption hearing Direct Mail: • The City's Connections newsletter is mailed to every household and business in Wheat Ridge and is the primary source of direct mail for citywide projects such as this one. The project has appeared in 1 edition of Connections so far: March —This project first appeared in the March (2022 winter/spring) Connections as an introduction to the project to inform of the project start and upcoming engagement activities, opportunities to get involved, and to point people to the What's Up Wheat Ridge project page for specific dates. May — The 441h Avenue Subarea Plan project was featured in the 2022 spring/summer Connections and included advertising of the second public meeting held on July 6. • August —The summer/fall Connections article titled "The Future of 441h Avenue" took a deeper dive to outline the phases of the project and largely focused on promoting phase two summer engagement, including August intercept events and the online strategy survey. • October— "441h Avenue Subarea Plan: The Final Phase" article was included in the fall/winter Connections which provided a recap of the September 27 open house event, next steps and advertised the online recommendations survey. • Postcards were mailed to residents in Fruitdale Park and Anderson Park in conjunction with Let's Talk Resident Engagement Program to notify of the joint open house event with Let's Talk and the 441h Avenue Subarea Plan on February 23. • Postcards were mailed to all residents and businesses with the subarea to notify of phase two summer engagement, including the open house event, online strategy survey, and intercept events. Email: Several different distribution lists were utilized to send email updates directly to stakeholders: • Mayor's Matters is a monthly e-newsletter containing updates on the City's latest news, current projects, and upcoming events. It is mailed on or just before the 1" of each month. The project has appeared in ten (11) consecutive newsletters as a specific project update and included in the calendar of events. Those months were: January, February, March, April, May, June, July, August, September, October November and December of 2022; January, February, March and April of 2023. • An email was sent to City Council and all active board and commission members on January 7 to inform of the project launch and directing recipients to the What's Up Wheat Ridge page to register and subscribe for updates; on February 18 to remind of the upcoming public meeting. • An email was sent to City Council and all active board and commission members on July 5 to provide an update on project status and to remind of the upcoming public meeting. • An email was sent to City Council and Planning Commission on September 26 to remind of the upcoming public meeting. • What's Up Wheat Ridge allows users to register on the site and subscribe to various projects. The City can send newsletters through the site to all registrants or to the subscribers of specific Attachment 2 Page 2 projects. A total of thirteen (13) emails have been sent so far on the following dates: • 1/4/22 7/14/22 11/21/22 • 2/17/22 7/28/22 2/28/23 • 2/24/22 8/11/22 3/30/23 • 3/9/22 9/27/22 • 3/22/22 9/20/22 • 6/23/22 10/11/22 • 6/29/22 11/8/22 Traditional Media: • Formal press releases are provided to local newspapers and media at key milestones by the City: December 28, 2021 by the City "City of Wheat Ridge Launches West44th Avenue Subarea Planning Process" and included advertising of the first public meeting on February 23 • June 24, 2022 by the City "City of Wheat Ridge to Host Second Open House for the 441h Avenue Subarea Plan" and included advertising of the second public meeting on July 6 • September 15, 2022 by the City "Wheat Ridge Residents Invited to Weigh -In on Proposed West 441h Street Improvements Projects" and included advertising of the third and final public meeting on September 27 March 30, 2023 by the City "Wheat Ridge's 44th Subarea Plan Goes Before Council for Adoption" and included a summary of engagement, common themes and notification of adoption hearings. • Adoption hearing noticing in Transcript on March 23, 2023 and April 13, 2023. • The Neighborhood Gazette prints 16,000 copies and will include multiple stories related to the project: February 2022 "Join Neighborhood Engagement Programs And Help Make Our City Even Better", a special piece by the Mayor, included advertising of the first public meeting on February23 February 2022 "Possible West 44th Makeover Kicks Off With Feb. 23 Meeting" Social Media: The City's social media channels are used to advertise project -specific events including upcoming public meetings, intercept events and active surveys: • Next Door posts on January 5, February 8, February 17, February 22, March 11, March 23, June 22, June 29, July 5, July 12, October 13, October 26, September 14, September 27, November 21; March 6 and March 30 of 2023 (posted to all neighborhoods within the City) • Facebook posts on January 4, February 9, February 16, February 22, February 24, March 11, March 23, June 22, June 29, July 5, July 7, July 12, July 27, July 29, August 9, September 6, September 13, September 20, September 27, October 13, October 26, November 8, November 21; March 6 and March 30 of 2023 (the City has 2.5k followers) • Twitter posts on February 16, March 11, March 23, June 22, June 29, July 5, July 12, July 19, August 9, September 6, September 20, September 27, October 13, October 26, November 8, November 21; March 30 of 2023 (the City has 835 followers) Social media posts also include notice of Connections, Mayor's Matters, and City Council meetings/study Attachment 2 Page 3 sessions. Miscellaneous: • The front page of the City's website included a news flash for the project each week starting 3 weeks out before each public meeting, intercept event, and online activities. • Public meetings were included on the City's websitecalendar. • Verba l updates were provided at Planning Commission meetings from January through November. • Flyers were posted at the Wheat Ridge Recreation Center to promote phase two summer engagement, including the July 6 open house, online strategy survey, and intercept events. • The 44" Avenue Subarea Plan was featured in the LocalWorks newsletter in September and October 2022. What's Up Wheat Ridge: In addition to entails sent to registrants and subscribers (see page 2), the What's Up Wheat Ridge platform allows staff to see how many people interact with the site. • The project site launched on December 28, 2021 and has been regularly updated as the plan progresses. • As of March 17, 2023 there were 4.4k unique visitors to the project page. Of these, 2.9k individuals interacted with the project in some way (downloaded documents, viewed key date details, visited multiple pages, or engaged in an activity). • The chart below shows the volume of pageviews and visitors for the duration of the project so far. It peaked in March of 2022 with 1,209 pageviews which correlates with the timing of the online visioning activities. Visitors Summary What's Up Wheat Ridge from 01 Jan 21 to 17 M4 i-23 DAILY MONTHLY lsoo Soo l Jan21 1Ju121 1Jan'22 1J.1'22 1Jan'23 _ Pageviews _ Visitors _ Visits _ New Registrations Attachment 2 Page 4 EXHIBIT 3: 44TH AVENUE SUBAREA PLAN (see attached) View at https://wheatridgespeaks.org/items/843 WPA-22-01 / 44 h Avenue Subarea Plan EXHIBIT 4: 44TH AVENUE SUBAREA PLAN APPENDICES View at hops://wheatridyespeaks.ory,/items/843 WPA-22-01 / 44 h Avenue Subarea Plan City of l Wheat�dge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: April 6, 2023 TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR DEDICATION OF PUBLIC PARKS AND SITES AND MAKING CONFORMING AMENDMENTS THEREWITH CASE NO. ZOA-23-03 ® PUBLIC HEARING Case Manager: Scott Cutler Date of Preparation: March 24, 2023 ® CODE CHANGE ORDINANCE SUMMARY: The proposed ordinance exempts deed -restricted affordable dwelling units from the parkland dedication or fee -in -lieu requirement established by Section 26-414 of the subdivision code. It also adds a definition of deed -restricted affordable dwelling units to Section 26-123 (definitions) of the Code of Laws. Notice for this public hearing was provided by the Code of Laws. BACKGROUND: The City's current parkland dedication requirements were established by Section 26-414 in 2014 and are applied to all new residential projects within the City. Developers are either required to dedicate public parkland on site or pay a fee -in -lieu of dedication. Since most sites would only have small or impractical dedications, most developers are required to pay the fee -in -lieu. Currently, only Accessory Dwelling Units (ADUs) and nursing homes are exempt from this requirement. The fees are assessed based on the "density factor" which acknowledges different household types, sizes, and impacts. For example, the developer of a single -unit home or apartment building pays $2,497.29 per unit, and projects located within an urban renewal area or mixed -use development pay $2,021.62 per unit. There are no exemptions or fee waivers for deed -restricted affordable housing projects, which are defined as units that have agreements recorded against the property limiting the rent or sales price of that unit based on income. For example, a 50-unit affordable housing apartment building would be required to pay $101,081 under the current model, which is added to overall permit fees. At a study session on February 6, staff presented a list of proposed code amendments to City Council, several of which would help address the difficulties of developing affordable housing in Wheat Ridge. Council was recently informed of the cost of developing housing during the adoption of the Affordable Housing Strategy. Page 52 of the strategy document specifically calls for fee waivers for projects with an affordable component. Although City -imposed development fees such as parkland dedication fees are a relatively small portion of the total development costs of a housing unit, any City contribution to eliminating extra costs can help shrink financing gaps for affordable housing developers. City Council made a consensus at the February 6 study session and directed staff to draft a code amendment waiving all parkland dedication and fee -in -lieu requirements for deed -restricted affordable dwelling units. This proposed code amendment is a result of that consensus, and the ordinance would add deed -restricted affordable dwelling units to the list of exempted types of housing. The ordinance also defines what deed -restricted affordable housing is, which requires the unit to be used as housing for income -qualified residents for a specific number of years pursuant to a restrictive covenant. These covenants are legally binding and can include Low Income Housing Tax Credit (LIHTC) financed projects authorized by law. The exemption does not cover market -rate housing even if rents are below average nor workforce housing, which is a market - rate product with rents and/or unit sizes below average. The attached ordinance was drafted by the Planning Division, with input from the City Attorney. A public hearing before City Council is scheduled for May 8, 2023. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article IV of the Wheat Ridge Code of Laws concerning requirements for dedication of public parks and sites and making conforming amendments therewith." Exhibits: 1. Proposed Ordinance ZOA-23-03 / Parkland Fee Reduction Affordable Housing CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. _ Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR DEDICATION OF PUBLIC PARKS AND SITES AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the "Council'), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council adopted the Affordable Housing Strategy and Action Plan in January 2023 to establish a foundation and framework for the City to address affordable housing issues; and WHEREAS, the Council finds it necessary to reduce the burden of developing income -restricted affordable housing within the City of Wheat Ridge; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by adding a new definition in the appropriate alphabetical location, as follows: Dwelling unit, deed -restricted affordable: A dwelling unit required to be used as affordable housing for income -qualified residents for a specified number of years pursuant to a restrictive covenant. This term shall include, but not be limited to, HUD multi -unit housing and Low Income Housing Tax Credit project authorized by applicable law. Section 2. Section 26-414.A.2 of the Wheat Ridge Code of Laws, concerning exemptions from the parkland dedication requirement for residential development, is hereby amended by the addition of a new item iii in subsection b, as follows: b. Exemptions. i. Nursing homes and similar confined care or skilled nursing facilities. ii. Accessory dwelling units. iii. DEED -RESTRICTED AFFORDABLE DWELLING UNITS. Section 3. 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 4. Effective Date; Application to Developments in Process This Ordinance shall take effect immediately upon adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of the Charter. This ordinance shall apply to projects containing deed -restricted affordable dwelling units which are under review or inspection by the Community Development Department as of the effective date of this Ordinance, but for which final certificate of occupancy has not yet been granted. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this XXth day of XX 2023, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for XX, 2023 at 6:30 p.m., as a virtual meeting and 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 XXth day of XX, 2023. SIGNED by the Mayor on this day of 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ♦�4I City of "Wheatl, dge MMUNITy DEVELOPMENT Memorandum TO: Planning Commission FROM: Lauren Mikulak, Community Development Director DATE: March 31, 2023 (for April 6 meeting) SUBJECT: Annual Designation of Public Notice Location In accordance with the Colorado Open Meetings Laws (Section 24-6-401 et seq. C.R. S.), all local public bodies, including the Wheat Ridge Planning Commission, are required to annually designate the locations for posting public notices for public meetings. The designated locations may be in -person, on-line, and/or printed in a specified newspaper. Such notice is required for any meeting at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of body is in attendance. The enclosed resolution designates three official public notice posting locations: the City website, the Jeffco Transcript newspaper, and the municipal building main entrance display cabinet. City Council and other boards designate the same locations. This resolution is usually approved at the first meeting of the year but was overlooked. Staff recommends approval of Resolution No. 02-2023 and recommends the following motion: "I move to recommend approval of Resolution No. 02-2023, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law." CITY OF WHEAT RIDGE PLANNING COMMISION RESOLUTION NO. 02 Series of 2023 A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC PLACE FOR THE POSTING OF MEETING NOTICES AS REQUIRED BY THE COLORADO OPEN MEETINGS LAW WHEREAS, the Planning Commission of the City of Wheat Ridge, Colorado, deems it in the public interest to provide full and timely notice of all of its meetings; and WHEREAS, the Colorado state legislature amended the Colorado Open Meetings Laws, Section 24-6-401, et seq., C.R.S. to require all "local public bodies" subject to the requirements of the law to annually designate at the local public body's first regular meeting of each calendar year, the place for posting notices of public hearings no less than twenty-four hours prior to the holding of the meeting; and WHEREAS, "local public body" is defined by Section 24-6-402(1)(a) to include "any board, committee, commission, authority, or other advisory, policy -making, rule -making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision - making function but does not include persons on the administrative staff of the local public body". NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, that: 1. The municipal building's main entrance display cabinet, the City's website, and the Jeffco Transcript as the official newspaper of general circulation shall constitute the designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. 2. The Community Development Director or their designee shall be responsible for posting the required notices no later than twenty-four (24) hours prior to the holding of the meeting. 3. All meeting notices shall include specific agenda information, where possible. DONE AND RESOLVED THIS day of 2023. Chair, Planning Commission ATTEST: Secretary to the Planning Commission ♦�4I City of "Wheatl, dge MMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Lauren Mikulak, Community Development Director DATE: March 31, 2023 (for April 6 meeting) SUBJECT: Election of Officers The bylaws of the Wheat Ridge Planning Commission describe the roles of the Chair and Vice Chair. The primary role of the Chair is to preside over the meetings of the Planning Commission. The primary role of the Vice Chair is to preside over meetings in the absence of the Chair. In the absence of both the Chair and Vice Chair, the most senior member of the remaining members shall act as Temporary Chair. The bylaws dictate that the Chair and Vice Chair positions shall be elected annually. Section 7 of the bylaws state the following: Election of Officers. A majority vote of all members present of the Commission shall be required to elect a Chair and Vice Chair. The Chair shall be elected on an annual basis at the next regular meeting following appointments in March of each year. This shall be the first order of business after public hearings at that meeting and it shall be held by secret ballot without nomination. Until one person has received votes of a majority of all members present of the Commission, successive ballots will be taken. After selection of the Chair, the Commission shall choose one of its members as Vice Chair. The Vice Chair shall be selected in the same manner as the Chair. The same member may not serve in the same role in successive years. For the past year, Commissioner Melissa Antol has served as the Chair. The Vice Chair position was filled by Commissioner Jerry DiTullio. Pursuant to the bylaws, election of a Chair and Vice Chair will occur at the end of the April 6 meeting.