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HomeMy WebLinkAbout04.18 - Agenda Packet PLANNING COMMISSION A G E N D A April 18, 2024 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on April 18, 2024 at 6:30 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 29th Avenue, Municipal Building. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 17) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment (create a Zoom account to join) • Or call 1-669-900-6833 with Meeting ID 830 0743 8766 and Passcode: 499847 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 – March 21, 2024 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 18, 2024 Page 2 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. 7. PUBLIC HEARING * A. Case No. WZ-24-04: An application filed by Cogent Companies for approval of a zone change from Agriculture-One (A-1) to Industrial-Employment (I-E) on property located at Parcel ID 39-193-01-010. B. Case No. WZ-24-03: An application filed by Mark Brannon for approval of a zone change from Agriculture-One (A-1) to Residential-One B (R-1B) on property located at 10840 W. 41st Place. 8. OLD BUSINESS 9. NEW BUSINESS A. Election of Officers B. Upcoming Dates C. Project and Development Updates D. Commissioner Updates 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 ADA Accessibility Statement The City of Wheat Ridge (City) is committed to providing accessible facilities, services, and communication to all members of the public. As part of this commitment, the City aims to provide an accessible website compatible with W3C Web Content Accessibility Guidelines (WCAG 2.2) that is in compliance with Colorado HB 21-1110, allowing individuals with a disability to understand and use the website to the same degree as someone without a disability. As the City works toward this goal, you may have a need to access documents in an accessible format (e.g., Braille, large print, audio, etc.). In that event, please contact the ADA Coordinator, Kelly McLaughlin, at ada@ci.wheatridge.co.us or 303-235-2885 who will make every effort to respond to your inquiry and provide an alternative solution. Planning Commission Minutes - 1 – March 21, 2024 PLANNING COMMISSION Minutes of Meeting March 21, 2024 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair DISNEY at 6:29 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Krista Holub Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Daniel Graeve Staff Members Present: Jana Easley, Planning Manager Stephanie Stevens, Senior Planner Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5. APPROVAL OF MINUTES – February 15, 2024 It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to approve the minutes of February 15, 2024, as written. Motion carried 5-0-2 with Commissioner HOLUB and QUINONES 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. Planning Commission Minutes - 2 – March 21, 2024 7. PUBLIC HEARING A. Case No. WZ-23-04: an application filed by HDR Architects, Inc. on behalf of Intermountain Health to request approval of a Master Sign Plan for the hospital campus at Clear Creek Crossing. Ms. Stevens gave a short presentation regarding the Master Sign 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. Commissioner KERNS stated he thinks everything looks great but wondered if a larger sign facing I-70 makes more sense. Andy Schwabe, HDR Project Manager, representing Intermountain Health 2365 Willow Lane Mr. Schwabe gave a brief presentation about the Master Sign Plan for the new Lutheran Medical Center and how it is going to be a positive experience navigating the Hospital’s campus. Public Comment No one wished to speak at this time. In response to Commissioner KERNS earlier comment, Mr. Schwabe mentioned that Intermountain Health wanted the larger sign facing the main entry into the site since there is a sign on the parking garage facing I-70. Ms. Stevens added that this plan only shows the deviations from the sign code for those that exceed the Design Pattern Book and any additional signs that meet code are not shown. Signs will likely be proposed on the east hospital façade, but they will meet code. It was moved by Commissioner QUINN and seconded by Commissioner KERNS to APPROVE Case No. WZ-23-04, a request for approval of a master sign plan on property zoned Planned Mixed-Use Development (PMUD) and located at 13155 W. 40th Avenue, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is appropriate for a hospital campus which is a unique land use with unique signage and wayfinding needs. Planning Commission Minutes - 3 – March 21, 2024 4. The master sign plan is consistent with the intent of the sign code and Design Pattern Book and is appropriate for the context of the development. Motion approved 6-0-1 with Commissioner MOORE abstaining. B. Case No. ZOA-23-03: An ordinance amending Section 26-109 regarding public hearing notice. Ms. Easley gave a short presentation regarding the resolution. Ms. Easley entered into the record the contents of the case file, packet materials, and the zoning ordinance. In response to a question from Commissioner SCHELKE, Ms. Easley confirmed that the applicant will pay half the cost of the postage for the public hearing notices to be mailed. Commissioner QUINN mentioned he agrees with the increase in the radius for the public notice mailings. Commissioner HOLUB thanked staff for providing the relevant mailing distances for nearby cities. Public Comment No one wished to speak at this time. It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to recommend approval of the proposed ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning public hearing letter notice. Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS A. Welcome New Commissioners Ms. Easley welcomed the two new commissioner, Commissioners HOLUB and QUINONES. B. Upcoming Dates Planning Commission Minutes - 4 – March 21, 2024 Ms. Easley mentioned there will not be a Planning Commission meeting on April 4, but there will be cases to be heard at the April 18 meeting and there will be a training meeting for Commissioners and Staff on May 16. C. Project and Development Updates Ms. Easley gave an update on the City Plan and mentioned the first steering committee meeting was held via Zoom and said attendance was great with only three people not being able to attend due to the snowstorm. She added that there will be a City Plan Update going before City Council on April 15; a City-wide public kickoff meeting on April 16; the second steering committee meeting on April 17; and a Planning Commission/consultant meeting on May 2. D. Commissioner Updates Commissioner QUINN reminded all that there will be branch drop off March 22 and 23 at Kullerstrand Elementary and an Easter Egg Hunt at Anderson Park on March 23. Commissioner DISNEY mentioned she is serving on the Jeffco Advocacy Network, and on April 4, Localworks is holding a Housing Happy Hour. She added there will be Staff from Wheat Ridge, representatives from the Jeffco Advocacy Network explaining exactly what affordable housing is. This will be held at Stylus and Crate at 5 pm. 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to adjourn the meeting at 7:09 p.m. Motion carried 7-0. __________________________ _______________________________ Kristine Disney, Vice Chair Tammy Odean, Recording Secretary Planning Commission 1 Case No. WZ-24-03 / Brannon Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: April 18, 2024 (Planning Commission) / June 10, 2024 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-24-03 / Brannon Rezone REQUEST: Request for approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B). LOCATION OF REQUEST: 10840 W. 41st Place APPLICANT / OWNER: Mark Brannon APPROXIMATE AREA: 20,778 square feet (0.477 acres) PRESENT ZONING: Agricultural-One (A-1) 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 2 Case No. WZ-24-03 / Brannon Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of 10840 W. 41st Place has submitted an application requesting approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) on their property. The zone change is the first step of the process for the property to potentially be utilized for an additional single-unit dwelling. If the zone change is approved, the applicant plans to submit a subdivision to split the property from one lot to two. The goal of the zone change and subsequent subdivision is to create an additional buildable parcel to construct a new single-unit dwelling while preserving the existing dwelling. II. EXISTING CONDITIONS The property is located on the south side of the W. 41st Place and just northwest of the intersection of W. 41st Avenue and Oak Street (Exhibit 1, Aerial). The property is currently zoned Agricultural-One (A-1) and contains one single-unit dwelling and various outbuildings (Exhibit 2, Zoning Map). The applicant stated that the property is largely unoccupied at this time. The adjacent properties to the east, west, and south are zoned R-1B and contain low-density residential uses. The property to the north is city-owned open space which is part of the Clear Creek Greenbelt and is zoned A-1. According to the Jefferson County Assessor, the site is approximately 20,778 square feet (.477 acres) in size. The property currently has one 2,058-square foot single-unit dwelling, built in 1909, and multiple accessory structures. III. PROPOSED ZONING The applicant is requesting the property be rezoned from Agricultural-One (A-1) to Residential-One B (R-1B). Both zone districts are intended to provide high quality, safe, quiet, and stable low-density residential neighborhoods. Both A-1 and R-1B zoning would allow only for single-unit dwellings. The subject property is too small in either zone district to allow any of the nonresidential uses permitted by the zoning (churches, schools, government buildings, and group dwellings). The applicant is requesting the zone change to R-1B so they can subdivide the oversized parcel and build an additional single-unit dwelling. The property is located in an established neighborhood that is primarily low-density residential, and the area is no longer agricultural. This particular property is the last agriculturally zoned property on the block and is entirely surrounded by R-1B zoning apart from the city-owned land to the north. This zoning condition was inherited from the County when the City was incorporated in 1969. The proposed R-1B zoning would be consistent with adjacent properties and would not result in significant change to the area. The applicant hopes to rezone in order to have the opportunity to build an additional single-unit dwelling that would be proportional to adjacent lots and that would allow the highest and best utilization of the land, and to revitalize and reinvest in the property (Exhibit 3, Applicant Letter). Planning Commission 3 Case No. WZ-24-03 / Brannon Rezone The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. Development Standard CURRENT ZONING Agricultural-One (A-1) PROPOSED ZONING Residential-One B (R-1B) Uses Allows for single-unit dwellings. Also allows for churches, schools, and government buildings. Allows for single-unit dwellings. Also allows for churches, schools, and government buildings. Architectural Standards None None Max. Building Height 35’ 35’ Min. Lot area 1 acre 7,500 sf Min. Lot width 140’ 60’ Max. Lot coverage 25% 40% Setbacks Front / street facing Rear setback Side setbacks 30’ 15’ 15’ 25’ 10’ 5’ minimum on one side, total of 15’ When reviewing the site, staff determined that R-1B is the most suitable zoning for the applicant’s proposal after considering several alternatives: • The property is not capable of accommodating a two-lot subdivision under R-1 which requires 12,500 square feet per lot and 100 feet of width per lot. Additionally, there are not currently any R-1 properties located in the vicinity and to prevent spot zoning, staff eliminated this as a possibility. • Other zone districts such as R-1C were discussed but ultimately eliminated for two reasons. The predominant zone district in this particular neighborhood is R-1B and anything other than this zone district would not fit in with current conditions. Staff is conscious of the existing character of the neighborhood which is primarily lower density and medium-sized lots. Rezoning to something that would allow for much smaller minimum lot sizes, such as R-1C, would not be an appropriate fit in this location. R-1B was determined to be the most appropriate option because it retains the lower density single-unit character of the area and maintains medium lot sizes. The subject site is entirely surrounded by R-1B zoning which contains low-density, single-unit dwellings. The R-1B zone district would allow the applicant more flexibility to redevelop the property while maintaining the character of the surrounding neighborhoods. It would also allow the site to become conforming as it does not currently meet the minimum one-acre lot size requirement for the A-1 zone district. In a subdivided condition, the site would contain two lots which are compatible in size with surrounding conditions. With over 20,000 square feet of lot area, the subject property could accommodate two single-unit lots that exceed the minimum lot area requirements of R-1B. 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 their decisions in consideration of the extent to which the following criteria have been met: Planning Commission 4 Case No. WZ-24-03 / Brannon Rezone 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. The zone change will not result in adverse effects on the surrounding area. The zone change would enable the land to become conforming, meeting the minimum lot size requirements of the underlying zone district which it currently does not. The rezoning would allow for one additional dwelling unit if subdivided. This would be consistent with adjacent land uses. The oversized lot, if subdivided, would result in lots that are comparable in size to adjacent R-1B lots. Staff expects no significant adverse effects on the surrounding area due to the potential final result maintaining the lower density nature of the neighborhood. 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. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any construction on the property, and fire and building codes are required to be met. 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. Envision Wheat Ridge, the City’s comprehensive plan, identifies this area as a Neighborhood (Exhibit 5, Comprehensive Plan). This designation identifies areas where residents of all ages can live safely and comfortably. Defining characteristics of an established neighborhood in the comprehensive plan are consistent character, mature landscaping, high rates of reinvestment and dwelling ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in a property, maintaining consistent character, and creating opportunities for dwelling ownership. 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. Staff has not found any evidence of an error with the current A-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. Planning Commission 5 Case No. WZ-24-03 / Brannon Rezone 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. Staff finds no evidence of significant changes in the area. The zone change request from A-1 to R-1B 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 proposed rezoning does not relate to an unanticipated community 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 October 17, 2023. This meeting was advertised and conducted as a virtual meeting on Zoom. Three members of the public attended the virtual meeting in addition to the applicant and staff (Exhibit 4, Neighborhood Meeting Summary). As of the date of distribution of this staff report, 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 plat for this site. West Metro Fire Protection District: No concerns. Any future development would be referred to the district for review and approval. Xcel Energy: No concerns with rezone. Any future development would be referred to the district for review and approval. Century Link: No comments received. Comcast Cable: No comments received. Planning Commission 6 Case No. WZ-24-03 / Brannon Rezone Consolidated Mutual Water District: No concerns with rezone. Any future development would be referred to the district for review and approval. Westridge Sanitation District: No concerns with rezone. Any future development would be referred to the district for review and approval. 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. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-24-03. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-24-03, a request for approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, 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 existing neighborhoods. 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.” Option B: “I move to recommend DENIAL of Case No. WZ-24-03, a request for approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, for the following reasons: 1. …” Planning Commission 7 Case No. WZ-24-03 / Brannon Rezone EXHIBIT 1: AERIAL Planning Commission 8 Case No. WZ-24-03 / Brannon Rezone EXHIBIT 2: ZONING MAP Planning Commission 9 Case No. WZ-24-03 / Brannon Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 10 Case No. WZ-24-03 / Brannon Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: October 17, 2023 Attending Staff: Alayna Olivas-Loera, Planner II Location of Meeting: Virtual Property Address: 10840 W. 41st Pl. Property Owner(s): Mark Brannon Property Owner(s) Present? Yes Applicant: Mark Brannon Applicant Present? Yes Existing Zoning: Agricultural-One (A-1) Existing Comp. Plan: Neighborhoods Existing Site Conditions: The site located at 10840 W. 41st Place is situated on the south side of W. 41st Place, north of 41st Avenue between Parfet Street and Oak Street. The property is zoned Agricultural-One (A-1). City-owned open space is located immediately north of the site and is also zoned A-1. Adjacent properties to the east, west, and south are zoned Residential-One B (R-1B). The area is predominantly residential in nature. According to the Jefferson County Assessor, the site is approximately 20,778 square feet (.477 acres) in size. The property currently has one 2,058-square foot single-unit dwelling, built in 1909, and multiple accessory structures. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone to R-1B and to subdivide the property into two lots. The existing single-unit dwelling is to remain on the newly created western lot and a new single-unit dwelling is proposed on the newly created eastern lot. The applicant is also proposing to relocate the existing accessory structure on the north side of the property to the new eastern lot and convert it into an ADU. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 3 members of the public attended the neighborhood meeting. The participant list is below, which serves as the virtual sign-in sheet. EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 11 Case No. WZ-24-03 / Brannon Rezone • Two members of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • 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 the public hearing, if required. The following issues were discussed regarding the Zone Change request and proposed development: • What would the setbacks be for a new house? For R-1B , the front setbacks are 25’, the side setbacks combined must be 15’ with a minimum of 5’ on one side, and the rear setbacks are 10’. • Would it be a spec. house? Yes, it would be built and then sold to someone else. • Would bulk plane apply? Yes, the house can go up the first 15’ but everything taller than that must fit within a 45-degree angle. • What is the max. height allowed? The max. height is 35’. • General concerns with maintaining privacy There is nothing in our code that would require the applicant to help maintain privacy but things like setback requirements, bulk plane, and privacy fences can help. Additionally, the applicant would plan to locate the driveway along the property line which would also help maintain a sense of privacy. • General concerns with potential for increased dust during construction Staff is not majorly concerned with the potential size of the project and the minimal area of land disturbance but the applicant and their construction team should be cognizant of neighboring properties and should always use best construction practices. Any disturbances or nuisances can always be reported to code enforcement with the city’s police department. • Where will the barn be moved to? The barn would be moved to what would be the eastern property line of one of the new lots and it would be reoriented long-ways and sit north-south. • General concerns that if the potential new lot is sold vacant, the lot would be rezoned or used for something denser than a single-unit dwelling When staff evaluate whether or not they can support a zone change, the proposal must meet a set of criteria with one of those criteria ensuring the zone change would not alter or harm the character of the existing area. One of the most compelling reasons staff supports a zone change to R-1B is that it already exists in the neighborhood and the end goals of the applicant would match the character of what is already there. A zone change to anything other than R -1B to support more density would not be supported by staff at this location. • What are the plans for the old house? The existing house is to remain as is and the applicant would like to preserve its historic character. The front porch may be relocated but no other changes are proposed at this time. Participant List: • Kathy Planning Commission 12 Case No. WZ-24-03 / Brannon Rezone • Michael Hossler • Phone number: 303-532-7121 Planning Commission 13 Case No. WZ-24-03 / Brannon Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Planning Commission 14 Case No. WZ-24-03 / Brannon Rezone View of the subject property looking southeast from W. 41st Place. (Source: Google Maps November 2022) EXHIBIT 6: SITE PHOTOS View of the subject property looking southwest from W. 41st Place. (Source: Google Maps November 2022) Planning Commission 1 Case No. WZ-24-04 / Cogent CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: April 18, 2024 (Planning Commission) / June 10, 2024 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-24-04 / Cogent ACTION REQUESTED: Request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E). LOCATION OF REQUEST: Parcel ID 39-193-01-010, immediately west of 14452 W. 44th Avenue APPLICANT (S): Cogent Companies OWNER (S): Longs Peak Metro District APPROXIMATE AREA: 187,849 square feet (4.132 acres) PRESENT ZONING: Agricultural-One (A-1) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Planning Commission 2 Case No. WZ-24-04 / Cogent JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Cogent Companies is requesting approval of a zone change from Agricultural-One (A-1) to Industrial Employment (I-E) to allow the site to be utilized for outdoor storage. The zone change will result in a zoning designation that would allow for use of the property unless and until it is developed as right-of- way. The subject property has a unique history and was originally annexed into the city for the specific purpose of accommodating a new hook ramp between Highway 58 and W. 44th Avenue to support development of Clear Creek Crossing north of the creek. To date, the property has not been dedicated as right-of-way or improved because development at Clear Creek Crossing has only occurred south of the creek. Because of the original intent of the property and potential for roadway improvements to still take place in the future, staff is recommending conditions be placed on the zoning, should the zone change be approved. II. EXISTING CONDITIONS The property is located on the north side of Highway 58, south of W. 44th Avenue (Exhibit 1, Aerial). According to the Jefferson County Assessor, the site is approximately 187,849 square feet (4.132 acres). The property is owned by Longs Peak Metro District (LPMD) and is currently vacant. The property is currently zoned Agricultural-One (A-1) (Exhibit 2, Zoning Map). It is situated in the northwesternmost corner of the City and is surrounded by properties within unincorporated Jefferson County. Adjacent uses are light industrial to the east and west, and residential and commercial to the north (Exhibit 3, Jefferson County Zoning Map). Highway 58 abuts the south side of the property. The applicant, Cogent Companies, currently owns and occupies the adjacent property to the east at 14452 W. 44th Avenue. Should the zone change be approved, they intend to lease the subject property from LPMD and utilize the site for outdoor storage related to their current operations. The subject parcel and this zone change request relates to the history of Clear Creek Crossing. The Clear Creek Crossing project dates back almost 20 years. In 2006, Cabela’s and Coors owned much of the land, and development was proposed to span both sides of Clear Creek. In the original proposal, development would have required significant infrastructure investments, including a hook ramp on I- 70 (the one that was recently constructed) and also a hook ramp on Highway 58 (where the subject site is located). Conceptual infrastructure plans were developed including state and federal review and environmental clearances; the infrastructure plans were approved by the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FWHA) in 2007. LPMD is the metro district responsible for building and maintaining much of the infrastructure associated with Clear Creek Crossing. LPMD acquired the subject parcel in 2008 to fulfill the approved plans. Several parcels including the subject property were annexed from unincorporated Jefferson County into the City in 2008 and 2009 (Exhibit 4, 2009 Annexation Map). Planning Commission 3 Case No. WZ-24-04 / Cogent When the City annexes land, they are also required to assign zoning to the property because the City’s zoning designations differ from the County’s. When City Council approved annexation of the subject parcel in March 2009, they also approved a zoning designation of Agricultural-One (A-1). The subject site was the last piece of land required to build a roadway through Clear Creek Crossing from W. 32nd Avenue to W. 44th Avenue. The A-1 zoning made sense for the subject parcel at the time, because the entire parcel was intended to be dedicated as right-of-way and constructed as roadway. The 2009 staff report notes, “The intended use of the property is for infrastructure improvements for the completion of Cabela Drive [now Clear Creek Drive] and the new interchange. […] Because there will be no associated private property development, an annexation agreement has not been required.” By 2014, it became apparent that the infrastructure needs associated with Clear Creek Crossing were becoming cost prohibitive. Cabela’s sold their land, and the vision for the development evolved from big box anchors to a mix of uses. The infrastructure designs were formally re-evaluated by the City, CDOT, and FHWA; and revised road design and development plans were approved with a phasing plan. This phasing is reflected in the development that exists today—in the current phase, development was limited to the south side of Clear Creek and only the hook ramp at I-70 was required to be constructed. If the north side of Clear Creek is proposed to be developed as a future phase or if trip generation exceeds a certain threshold on the south side, then additional infrastructure at Highway 58 will be required including on the subject parcel. For this reason, the subject parcel remains under the ownership of LPMD, but it has not yet been dedicated as right-of-way nor have any infrastructure investments been made north of Clear Creek. This zone change is proposed as an interim condition, allowing limited productive use of the property until such time the original intent of the annexation is fulfilled. III. PROPOSED ZONING The applicant is requesting the property be rezoned to Industrial Employment (I-E), a zone district intended to allow for light industrial and commercial uses that support employment. The I-E zoning is the only zone district that allows outside storage. As noted above, the current zone district, A-1, was established at annexation. Surrounding parcels are in Jefferson County and are zoned Industrial-One and Planned Development, with light and medium intensity industrial uses. The applicant intends to rezone the property to allow for outdoor storage related to their current business located immediately adjacent to the east. The applicant states that the parcel has been vacant since it was originally annexed and that LPMD is seeking to put the site to use by leasing it to the applicant for outside storage until such time it is needed for ROW improvements (Exhibit 5, Applicant Letter). In consultation with the City Attorney, staff recommends the zone change be conditioned upon the following: 1. No vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. Planning Commission 4 Case No. WZ-24-04 / Cogent The limit on vertical development will help to reinforce the original annexation intent which stated there would be no private development. Further, the parcel was never anticipated to be a developable lot. The City would require that LPMD draft and sign the development agreement that would need to include the following elements: • Limits on use, • Limits on permanent development, • Requirements to dedicate the subject parcel as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and • Requirements that these conditions run with the land and apply to successor and assigns. This approach allows appropriate economic use of the land while protecting the City’s long-term interests and honoring the original intent of the annexation. While conditional zone changes are rare in Wheat Ridge, they are not precluded by code and this unique situation warrants a unique approach. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation 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. The zone change would not result in significant adverse effects on the surrounding area. The site is currently surrounded by similar light industrial uses and would be utilized by an existing business immediately adjacent which is currently operating and has been for several years. 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. No utilities are planned for the outside storage use. Adequate infrastructure/facilities are available to serve the property for outdoor storage. 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 review will be required for the future development of the site for outdoor storage, and will ensure compliance with current 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. Planning Commission 5 Case No. WZ-24-04 / Cogent Staff concludes that this criterion is not applicable. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. 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. As described above, the original intent for the property was for the construction of roadway improvements which would have accommodated the previously planned Cabela’s development. The original annexation and zoning assignment to A-1 anticipated the Cabela’s development being completed; therefore, no alternative plans for the site were created. The proposed zone change is appropriate in response to a change in conditions in the area. The construction of roadway improvements has not occurred as originally planned and is not anticipated in the near future, and this proposed zone change acknowledges the changed conditions and would allow for a better and more productive use of the land. Additionally, the zone change would enable the land to further achieve the city’s current comprehensive plan goals to encourage employment-generating uses in the area by allowing the adjacent property to utilize it for their needs. 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. 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, a neighborhood input meeting is required in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on February 7, 2024. Six members of the public attended the meeting in addition to the applicant and staff. Questions about future use of the property, the site planning process, and conditions of the rezone were asked (Exhibit 6, Neighborhood Meeting Notes). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL Planning Commission 6 Case No. WZ-24-04 / Cogent All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Jefferson County Planning and Zoning: No comments. Fairmount Fire District: No concerns. Xcel Energy: No concerns. Any subsequent land use applications will be referred out to external agencies for review. North Table Mountain Water District: No concerns. Any subsequent land use applications will be referred out to external agencies for review. North Table Mountain Sanitation District: No concerns. Any subsequent land use applications will be referred out to external agencies for review. Century Link: No comments. Comcast Cable: No comments. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zoning designation 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 the proposed zone change is appropriate in response to a change in character of the area where the construction of roadway improvements is not anticipated at this time. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-24-04. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-24-04, which is a request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E) at Parcel ID 39-193-01-010, for the following reasons: 1. The proposed zoning 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 can adequately service the property. 3. The proposed zone change is responding to a change of character in the area. 4. The proposed zone change is consistent with the City’s Comprehensive Plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property. Planning Commission 7 Case No. WZ-24-04 / Cogent And with the following conditions: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost.” Option B: “I move to recommend DENIAL of Case No. WZ-24-04, which is a request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E) at Parcel ID 39-193-01-010, for the following reasons: 1. 2. …” Planning Commission 8 Case No. WZ-24-04 / Cogent EXHIBIT 1: AERIAL Planning Commission 9 Case No. WZ-24-04 / Cogent EXHIBIT 2: ZONING MAP Planning Commission 10 Case No. WZ-24-04 / Cogent EXHIBIT 3: UNINCORPORATED JEFFERSON COUNTY ZONING Planning Commission 11 Case No. WZ-24-04 / Cogent _ EXHIBIT 4: 2009 ANNEXATION MAP City of Wheat Ridge Boundary Annexation Boundary Planning Commission 12 Case No. WZ-24-04 / Cogent City of Wheat Ridge Boundary Annexation Boundary Planning Commission 13 Case No. WZ-24-04 / Cogent EXHIBIT 5: APPLICANT LETTER Planning Commission 14 Case No. WZ-24-04 / Cogent Planning Commission 15 Case No. WZ-24-04 / Cogent Planning Commission 16 Case No. WZ-24-04 / Cogent Planning Commission 17 Case No. WZ-24-04 / Cogent NEIGHBORHOOD MEETING NOTES Meeting Date: February 7, 2024 Attending Staff: Alayna Olivas-Loera, Planner II Location of Meeting: Virtual Property Address: Parcel ID 39-193-01-010 Property Owner(s): Longs Peak Metropolitan District Property Owner(s) Present? No Applicant: Katie James Applicant Present? Yes Existing Zoning: Agricultural-One (A-1) Existing Comp. Plan: Employment Existing Site Conditions: The property is located on the north side of Highway 58, south of W. 44th Avenue. The property is currently zoned Agricultural-One (A-1). It is situated in the northwesternmost corner of the City and is surrounded by properties located within the bounds of unincorporated Jefferson County. According to the Jefferson County Assessor, the site is approximately 187,849 square feet (4.132 acres). The property is owned by Longs Peak Metro District (LPMD) and is currently vacant. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property to Industrial-Employment (I-E) to allow the site to be utilized for outdoor storage. The following is a summary of the neighborhood meeting: • In addition to the applicant team and staff, 6 members of the public attended the neighborhood meeting. The participant list is below, which serves as the virtual sign-in sheet. • 2 members of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the zone change. EXHIBIT 6: NEIGHBORHOOD MEETING Planning Commission 18 Case No. WZ-24-04 / Cogent • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. • What are the boundaries of the lease, will it include the whole property? Applicant: Yes, the lease will apply to the whole property but exclude ROW which cannot be used for the storage. • Concerns about safety and theft, would like a fence to be put up. Staff: A fence will already be required for the outdoor storage use as part of the code’s screening requirements. • What will be stored on the property? Applicant: The applicant is in the water distribution industry, based on other sites, it will primarily be large pipes. • Will lighting be installed? Don’t want bright lights. Applicant: Yes, but specifics on lighting have yet to be determined. • Will a larger entrance be installed on 44th? Applicant: Site specifics and layout/design of the site is yet to be determined. The applicant intends to work with the City to meet all of their access requirements. • If the property changed hands, could it be used for other things? Applicant: No. If the zone change is approved, it will be approved conditionally that the property may only be used for outdoor storage. No vertical construction or development will be permitted, and these conditions will run with the land, regardless of owner. Additionally, a development agreement will be put in place that states the outdoor storage use must cease at a moment’s notice should the City get the land dedicated as ROW. Participant List: Planning Commission 19 Case No. WZ-24-04 / Cogent EXHIBIT 7: SITE PHOTOS This is a view of the subject property looking south from W. 44th Avenue. Source: Google Street View This is a view of the subject property looking southeast from W. 44th Avenue. The applicant’s property and building can be seen to the left. Source: Google Street View Planning Commission 20 Case No. WZ-24-04 / Cogent This is a view of the subject property looking north from Highway 58. The applicant’s property and building can be seen to the right. Source: Google Street View Memorandum TO: Planning Commission FROM: Jana Easley, Planning Manager DATE: April 3, 2024 (for April 18 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 rotate and be elected annually. Article III, paragraph 1 of the bylaws states 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 April 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 Jerry DiTullio served as the Chair. The Vice Chair position was filled by Commissioner Kristine Disney. Pursuant to the bylaws, election of a Chair and Vice Chair will occur after any public hearings at the April 18 meeting.