HomeMy WebLinkAbout08.15 - Agenda Packet
PLANNING COMMISSION
A G E N D A
August 15, 2024
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on August 15, 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 August 14)
2. Virtually attend and participate in the meeting through a device or phone:
a) Click here to join and provide public comment (create a Zoom account to join)
b) Or call 1-669-900-6833 with Meeting ID 854 1131 7195 and Passcode: 746794
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 – August 1, 2024
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the public hearing agenda. Public comments may be limited to 3
minutes.)
(continued on next page)
Planning Commission Agenda – August 15, 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. No cases to be heard.
8. OLD BUSINESS
9. NEW BUSINESS
A. Lutheran Legacy Campus – Update on City-Initiated Rezoning and Charter
Amendment
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
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Planning Commission Minutes - 1 –
August 1, 2024
PLANNING COMMISSION
Minutes of Meeting
August 1, 2024
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair DISNEY at 6:31 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
Daniel Graeve
Krista Holub
Michael Moore
Patrick Quinn
Syrma Quinones
Jonathan Schelke
Commission Members Absent: Will Kerns
Staff Members Present: Jana Easley, Planning Manager
Stephanie Stevens, Senior Planner
Janet Gassman, Landscape 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 – July 18, 2024
It was moved by Commissioner GRAEVE and seconded by Commissioner
SCHELKE to approve the minutes of July 18, 2024, as written. Motion carried 6-0-
1 with Commissioner Holub 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 –
August 1, 2024
7. PUBLIC HEARING
A. Case No. ZOA-24-04: An Ordinance repealing and re-enacting Article V of
Chapter 26 of the Wheat Ridge Code of Laws concerning the City's landscaping
requirements and making conforming amendments therewith.
Ms. Gassman gave a presentation on the nine topic areas analyzed for the proposed
ordinance including irrigation, artificial turf, irrigated and non-functional turf,
landscape specifications, low-density residential requirements, non-living
landscape materials, waterwise design, maintenance, and the Streetscape plant list.
Public Comment
No one wished to speak.
Commissioner SCHELKE asked if the requirement of 1/3 of the landscaping being
live plant coverage is for new build along and existing landscaping.
Ms. Stevens explained it is a requirement for all new residential development and
if an existing property does a renovation, they property will need to conform.
Commissioner SCHELKE inquired why artificial turf is only allowed in the side
and back yards and not the front.
Ms. Gassman mentioned it is general practice and less desirable and there are
better alternatives. Ms. Easley added that artificial turf does not look great in a
front yard when it needs repairs.
Commissioner Quinn asked about how to follow the new landscape guidelines.
Ms. Gassman explained there will be handouts and information in the guidebook
and on the website referencing the Code, and she added that a permit is not needed
to landscape a yard.
In response to multiple questions from Commissioner HOLUB, Ms. Stevens
reminded the Commission that the City will only be placing these requirements on
the front yard and will not be looking at the side or backyards of a property; the
first 25 feet of a driveway needs to be hard surface, which will distinguish the
difference between driveway and gravel landscaping. Ms. Stevens also mentioned
that 25% of the gross lot area needs to be landscaped. Ms. Gassman added that
irrigation will be required on all new low-density developments to make sure
required trees don’t die.
Commissioner HOLUB also inquired about reclaimed water use and if there are
any requirements.
Planning Commission Minutes - 3 –
August 1, 2024
Ms. Gassman clarified that the City defers to Water District restrictions and
requirements, currently there is not a reclaimed potable water system in use in the
City, and the State regulates rainwater collection.
In response to a question from Commissioner GRAEVE, Ms. Gassman clarified
that 100% of a front yard can be mulch or gravel, but 30% inside the mulch/gravel
needs to be live plants. Also, Ms. Easley said that if there is a 60% or larger
renovation then that would trigger the new landscaping requirements.
There was also discussion about the difference between native grasses, turf, and
weeds; budgeting water use on plans; and landscaping maintenance requirements
for multi-unit and commercial properties.
Commissioner DISNEY asked how the landscaping code will be enforced and if
the intent of this Code is to help us adapt to the changing environment.
Ms. Easley explained the Planners work daily with the Community Service
Officers and the guidebook will help with the educational piece of landscaping.
Ms. Gassman added that we do need to learn how to adapt to the changing
environment with uses of organic mulch compared to rocks and stone.
It was recommended by Commissioner HOLUB and seconded by
Commissioner QUINONES to recommend approval of the proposed
ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat
Ridge Code of Laws concerning landscaping requirements and making
conforming amendments therewith.
Motion approved 7-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
Ms. Easley mentioned that on the August 15 PC meeting will be a study session
regarding the Lutheran Legacy Campus proposed zoning and about amending the
Charter.
She also asked the commissioners to keep and eye out for an email inviting them to
the annual Boards and Commissions dinner on August 28 at Prospect Park.
B. Project and Development Updates
Planning Commission Minutes - 4 –
August 1, 2024
Ms. Easley announced that the new Lutheran Hospital received the CO and will be
moving from the old building to the new building on August 3. She added the
medical office building is on a slower track and still under construction.
C. Commissioner Updates
Commissioner DISNEY mentioned that on August 2 is First in which several
creative organizations in Wheat Ridge that are trying to get traction to bring people
to businesses on 38th Avenue.
Commissioner SCHELKE spoke of an article in the Denver Post for a new
protective bike lane on 29th Avenue from Sheridan to Zuni and would like to see
the same thing go west on 29th Avenue in Wheat Ridge.
10. ADJOURNMENT
It was moved by Commissioner GRAEVE and seconded by Commissioner
SCHELKE to adjourn the meeting at 7:56 p.m. Motion carried 6-0.
__________________________ _______________________________
Kristine Disney, Chair Tammy Odean, Recording Secretary
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Memorandum
TO: Planning Commission
FROM: Jana Easley, Planning Manager
Scott Cutler, Senior Planner
Stephanie Stevens, Senior Planner
Alayna Olivas-Loera, Planner II
DATE: August 9, 2024 (For August 15, 2024 Study Session)
SUBJECT: Lutheran Legacy Campus – Updates and City-Initiated Rezoning
PRIOR ACTIONS:
In April 2021, the City initiated a public planning process for the 100-acre Lutheran Legacy
Campus in preparation of the future relocation of the Lutheran Hospital to Clear Creek Crossing.
The Lutheran Legacy Campus Master Plan was adopted by City Council on October 25, 2021
after months of public engagement including virtual meetings, open houses, and site visits.
The following is a timeline of 2024 events to date related to the Lutheran Legacy Campus,
including City Council action and public engagement:
• April 8: City Council provided direction to staff to advance a Charter amendment
regarding building height on the campus, a legislative zone change for the campus, and a
first round of public polling.
• April 16: Let’s Talk Open House
• May 13:
o City Council passed Resolution 26-2024 in support of initiating a legislative zone
change for the Lutheran Legacy Campus. The legislative zone change will be
based on the Master Plan, through creation of a new mixed use zone district
specifically for the campus.
o Results of the first round of polling by Magellan Strategies were presented to City
Council and direction was provided for staff to continue educating the public
about the Master Plan and a potential Charter question.
• June 6: Let’s Talk Open House with information presented on zoning tradeoffs for the
legislative rezone of the campus.
• June 29: Ridgefest booth.
• July 15: Staff presented a draft zoning framework to City Council. Council gave
consensus to proceed with the zoning framework described within this memo which will
follow the recommendations of the Master Plan and gave additional direction on some
topics that were not the focus of the Master Plan recommendations.
• Mid-July: Postcard mailing to every residence in Wheat Ridge.
• July 20: Lutheran Hospital Open House booth.
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• August 5: City Council reviewed the second round of polling results and reviewed the
potential ballot question. Council gave consensus to proceed with the ballot question as
presented, described in more detail below.
• August 8-11 Carnation Festival booth.
PURPOSE:
The goal of this Planning Commission study session is to: 1) inform Planning Commission about
the legislative rezoning and Charter amendment processes, and 2) present the zoning framework
that was supported by City Council on July 15, 2024.
This memo is organized into four sections:
1. Overview of the Lutheran Legacy Campus Master Plan;
2. Legislative rezoning process;
3. Charter amendment; and,
4. A high-level framework of the proposed zone district regulations and how those
regulations will comply with the adopted Master Plan and/or Council consensus.
OVERVIEW OF THE LUTHERAN LEGACY CAMPUS MASTER PLAN:
The Lutheran Legacy Campus Master Plan provides guidance for how future development will
look and feel at the Legacy Campus.
The Master Plan describes a vision for the future of the campus and recommends that the campus
redevelop over time with a mix of land uses, a mix of housing types, and a variety of open space
and multi-modal amenities. The plan was created using substantial public input which formed the
vision for the campus. The plan contains high-level land use concepts that will inform the future
zoning for the campus. Much of the proposed development framework from Chapter 4 of the
plan will directly inform the zoning regulations, including buffers and transitions to existing
neighborhoods, building scale and orientation, suitable uses, and pedestrian and bicycle
infrastructure. Chapter 5 of the plan describes key considerations for each area of the campus,
which will also directly inform the zoning
regulations.
The plan outlines specific areas, shown in
yellow on the Development Framework Map to
the right, which will include lower-density and
less-intensive uses. The purple areas shown on
the map align with the proposed exempted areas
from the Charter ballot initiative to remove
height restrictions. The light purple area in the
southeast corner (east of the Parkway or
“wishbone”), is intended to be a transition area;
while it will still be eligible for taller buildings
if the Charter change passes, it is not meant to
be as dense or intensive as the darker purple
areas within the central campus area.
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Chapter 5 identifies four primary sub-geographies
within the campus that will need to have some
varied types of regulations due to their locations
and existing/adjacent conditions (Zones 1, 2, 3 and
4). The zoning for these areas will inform what
uses are permitted, what types of development are
permitted, and open space design considerations.
LEGISLATIVE REZONING PROCESS
There are two types of zone changes allowed by City Code: city-initiated and private. The most
common type of zone change in Wheat Ridge is a private rezoning which is initiated by private
property owners. These requests are considered “quasi-judicial,” and decision makers are
prohibited from discussing the merits of a zone change with each other or the public outside of
the public hearing.
A zone change proposal that is city-initiated or legislative (these terms can be used interchangeably)
is one that is initiated by City Council. This is different than a private rezoning because legislative
actions are those which affect the general public and decision makers can engage in public
discussion. While not frequent in Wheat Ridge, the City has a history of legislative rezonings
including along portions of Wadsworth and W. 38th Avenue.
Like those corridors, the Wheat Ridge community has a broad vested interest in the Lutheran
Legacy Campus, and this is memorialized in the Master Plan. To achieve the vision of any
long-range plan, zoning rules need to be aligned with a plan. This is why legislative zone
changes often follow planning efforts, and this is why the Lutheran Legacy Campus is an ideal
candidate for such action.
Section 26-113 of the Wheat Ridge Code of Laws describes the process and requirements
associated with a legislative zone change. Specifically, it describes these key points:
• City-initiated rezonings may be made with or without consent from affected property
owners.
• City-initiated rezonings may be to any zone district.
• The process of a city-initiated zone change is formally commenced by adoption of a
resolution that describes the general area of the proposed rezoning and the intended
purpose and objectives to be achieved by the rezoning.
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• Similar to a private zone change request, a series of public meetings are required:
o Neighborhood meeting
o Planning Commission public hearing
o City Council first reading
o City Council public hearing
The proposed legislative zone change would have the same boundary as the Lutheran Legacy
Campus Master Plan. The site is currently zoned Planned Hospital District (PHD), and permitted
uses include only hospitals, hospice care, and accessory uses customarily associated with a
medical campus. The purpose of the legislative zoning would be to eliminate this restrictive
zoning, and instead apply a zone district that aligns with the vision in the Master Plan—allowing
a mix of land uses (residential, office, civic, retail, and cultural), allowing a mix of housing
types, and requiring open space and multimodal facilities. The purpose of proceeding with a city-
initiated zone change (instead of waiting for a private zone change request) is to reduce the
amount of time that portions of the property sit vacant, catalyze investment in the site, and
provide predictability for the public and future developer(s).
On May 13, 2024, City Council passed Resolution 26-2024 in support of initiating a legislative
zone change for the Lutheran Legacy Campus, which formally commenced the rezoning process.
CHARTER AMENDMENT
Implementation of the Master Plan’s vision requires that the City Charter be amended to modify
the building height limitations in the interior of the campus to maintain economic feasibility of
development. Such amendment requires a ballot measure. The City’s Charter was originally
approved in 1978 by the voters. The Charter has been amended multiple times through voter
approval. In 1983, voters amended the Charter to add Section 5.10.1 which established height
and density restrictions. Since then, new development has been limited to 35 feet for residential
uses and 50 feet for non-residential uses. The most recent Charter amendment in 2009 exempted
certain areas of the City from the height and residential density limitations of Charter Section
5.10.1. Those two areas included a portion of Wadsworth Boulevard (generally from 35th to 45th
Avenues); and the majority of the I-70/Kipling Urban Renewal Area including Kipling north of
44th Avenue, Clear Creek Crossing, and the area surrounding the Wheat Ridge · Ward commuter
rail station. The areas were excluded from the Charter height limitations entirely, and height
limitations were established through zoning.
Based on the direction of the Master Plan, public polling, and developer feedback, staff
recommended the below ballot question to City Council who gave consensus to proceed on
August 5, 2024. The proposed amendment modifies the Charter height restrictions in two ways:
• To lower the maximum allowed height for residential structures to 30 feet (2.5 stories)
when in proximity to adjacent residential neighborhoods east, west, and south of the
campus, and
• To limit all structures to a maximum height of 70 feet (5 stories) in the interior portion of
the campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West
including an area southeast of Lutheran Parkway.
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While the 2009 ballot measures exempted certain areas from the Charter height restrictions
without establishing new height limits in the Charter, there are several reasons to include the
specific limitations in the ballot measure:
• Public polling indicates increased support for the measure with more specific height
limitations.
• Polling indicates increased support for the Charter amendment when the tradeoff and
lower perimeter height is shared.
• Lastly, amending the Charter to include the lower height on the perimeter memorializes
the intent of the LLC Master Plan and reflects the tradeoff that is so central to the plan.
Top Left:
This development framework diagram
from the Master Plan (page 51)
illustrates in yellow the expectation of
lower density and lower intensity uses on
the perimeter. By contrast, the purple
shading represents a flexible mix of uses
that could be taller and denser in the
interior of the site.
The asterisks identify some of the
existing buildings and potential reuse
opportunities. This map along with the
text of the Master Plan informs the
proposed zoning regulations and the
proposed ballot measure.
Bottom Left:
This image summarizes the ballot
measure proposal to:
1. Lower the maximum allowed
height for residential structures
from 35 feet to 30 feet (2.5
stories) when in proximity to
adjacent residential
neighborhoods as shown in
yellow, and
2. Limit all structures to a maximum
height of 70 feet (5 stories) in the
interior portion of the campus
south of 38th Avenue between
Lutheran Parkway and Lutheran
Parkway West, shown in purple.
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On August 5, 2024, City Council gave consensus to proceed with the ballot question as described
above and to refer the question to the voters in the November 2024 election.
ZONING FRAMEWORK:
The Planning Division has developed a zoning framework for the Lutheran Legacy Campus
which will comply with the recommendations of the Master Plan. This zoning framework is
based on the composition of the current mixed-use zoning regulations in Article XI of
Chapter 26 but is highly customized to include specific recommendations and requirements of
the Master Plan. Staff will create a new Article XIV (14) specific to the Lutheran Legacy
Campus zoning named the “Mixed Use – Lutheran Legacy Campus (MU-LLC)” zone district.
The below framework includes all the proposed sections of Article XIV and, for some specific
requirements, points to strategies and recommendations within the Master Plan to show how staff
intends to write the zoning regulations to comply with the plan.
Section 26-14## - Purpose Statement
All zone districts include a purpose statement. The intent of this purpose statement is to include
the support for redevelopment of the campus and that the zoning regulations will comply with
the goals and intent of the Master Plan.
Section 26-14## - Districts Established
This section will officially establish the MU-LLC zone district and overlay districts. For
example, staff will include different regulations through overlay districts based on the following:
• A “low-density overlay” which will apply to the first row of development around the
perimeter to ensure compatibility of land uses and form, and which will correspond with
the proposed Charter amendment to limit heights around the perimeter. (see map below)
• Based on the location within the campus (i.e. Zones 1, 2, 3 or 4), permitted uses and
heights will vary. This is likely the section to introduce this concept which will be
expanded on in other sections.
(Left): A map of the approximate location of the “low-
density overlay” which will apply to the first row of
development around the perimeter. This overlay will
include regulations on building height and form that will
be described in later sections. The overlay will help
buffer existing low-density neighborhoods from the
higher intensity uses which will be allowed in the
middle of the campus in Zones 2 and 3, and the middle-
density uses allowed in the remaining portions of Zones
1 and 4.
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Section 26-14## - Applicability
This section will be based on existing Section 26-1103, which discusses how standards and
requirements apply to new development and expansion of existing structures, and how
nonconforming structures can be repurposed and to what extent.
Section 26-14## - Building Height and Residential Density
This section will describe the permitted building heights throughout the campus. It will also
describe the aggregate approach to density, which cannot exceed an average of 21 dwelling units
per acre campus-wide; density exemptions are not included in the proposed Charter amendment.
Through the initial public feedback regarding the Charter amendment and development on the
campus, including the push polls gauging support of the amendment, a clear need was identified
to establish an upper limit on building height. The current hospital is 91 feet tall. If no
development were to exceed that, then the upper height limit would be 90 feet (~7 stories), for
the central portion of the campus. However, at its August 5 study session, Council reached
consensus that the Charter amendment should create an upper limit of 70 feet (5 stories), which
is a more realistic representation of the development potential of the site and is more likely to be
supported by the public based on a second round of polling data.
Staff also sought feedback from potential buyers of the campus regarding building height. New
development in Wheat Ridge over the last several years has not exceeded five stories. For
buildings that exceed five stories, construction type changes and construction costs increase
which means some potential buyers may not be contemplating taller building heights. The
recommendations below reflect the content of the Master Plan and Council’s August 5, 2024
consensus regarding building height and the Charter amendment.
Key concepts from the Master Plan that will be included in this section:
• For new development, retain similar setbacks from 38th Avenue as the existing hospital or
step height down as it approaches 38th Avenue. The City’s standard mixed-use districts
already require this in some cases.
• Lower density along edges with lower building heights.
The below summarize all the various height requirements as recommended in the Master Plan
and Charter amendment discussions and translated into potential zoning rules:
• Overall limit of 70 feet (5 stories maximum), in proposed Charter-exempted areas in the
center of the campus (shown in purple in the maps above).
o Step-back requirements for buildings along 38th Avenue in the proposed exempted
areas. In other words, the taller the building height, the larger the building setback or
upper floor step-back. This will help reduce impacts to the homes across 38th Avenue
to the north and ensure a 5 story building is not built right up to the sidewalk.
• Height in the low-density overlay area would be limited to 2.5 stories and 30 feet by the
Charter amendment and the zoning requirements.
o It would also require pitched roofs to help ensure compatibility with adjacent existing
neighborhoods. This is lower than the City’s standard Charter-imposed height limit of
35 feet in residential zones (including what is permitted across Dudley Street or on
Allison Ct). However, due to the existing conditions and building forms in the area,
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staff is proposing a lower height limit and building form restrictions to ensure
compatibility with adjacent land uses. “Compatibility” is not meant to be like-for-
like, but rather building forms that are less impactful and similar to what is allowed in
other residential zones. Refer to the examples below.
• Taper heights between the perimeter and the center of the site.
If the Charter is not amended by the voters, it is unclear what the future of the campus will be. In
order to achieve open space and lower densities and heights on the perimeter, the Charter
amendment is required to allow development to cluster in the middle of the site. If the Charter is
not amended, staff will return to Council later this year to discuss an alternative approach.
Section 26-14## - Building Placement and Orientation
This section will describe how building placement can enhance the pedestrian experience and
public realm. It will also include building setback requirements and build-to areas. The Master
Plan does not include specific direction on these types of requirements although it does
encourage building designs in central campus areas that activate public spaces. Staff will use the
existing Article XI requirements as a starting place, including exploring build-to zones to ensure
street or plaza activation in some areas.
Staff is planning to include the following requirements for building placement and orientation:
• Increased rear setbacks for homes adjacent to Allison Court and other adjacent residential on
the east and south. Typically, these setbacks are 5-10 feet, but staff suggests 15 feet adjacent
to low-density residential, coupled with the 2.5 story limit from the low-density overlay. This
will ensure that no 3-story structure will be immediately adjacent to low-density residential
and that the homes abutting existing low-density residential will have usable rear yards or
front onto a wider usable area of open space.
(Left): An example of a 2.5 story single-unit home, with the “half story” on the 3rd floor being reduced in footprint
and fit within a pitched roof.
(Middle): A rendering of a 2.5 story house showing the pitched roof and smaller upper story. (Source: Houseplans)
(Right): An example of a 2.5 story duplex building form, again with the 3rd “half” story within a pitched roof, which
would not allow a full 3rd story or flat roof. (Source: City and County of Denver)
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Section 26-14## - Building Design and Form
This section will describe requirements for building massing and materials and its relationship to
surrounding areas and the street.
Key concepts from the Master Plan that will be included in this section:
• Around the edges, form should be complementary to existing neighborhoods adjacent to
campus, orient development along Dudley Street in ways that respect and complement the
existing conditions and be “compatible with surroundings regardless of housing type.”
• Retail should have an engaging ground floor and streetscaping in Zone 2.
Staff is planning to include the following requirements for building design and form:
• In the low-density overlay:
o pitched roof requirements (to meet the 2.5 story maximum) and prohibition of flat-
roofed structures over 2 stories.
o prohibition on rooftop or 2nd story decks in the rear 1/3 of the lot to protect privacy
and impacts on adjacent existing residential development behind it.
o flexibility on materials while requiring high-quality materials versus getting too
prescriptive on exact percentages or quantities of materials.
• For retail and commercial uses:
o requirement for transparency, human-scaled signage and lighting, enhanced entries,
activated uses, and adjacent outdoor seating or spaces.
• For commercial and multi-unit residential, use existing material requirements from mixed use
Article XI, which are generally working well.
Section 26-14## - Parking Requirements
This section will include standards related to parking. The Master Plan does not discuss parking
requirements in detail, except as related to reducing vehicle trips by creating a comfortable
walking/biking environment and considerations for transit-oriented development (TOD).
However, staff recognizes that surrounding residents are concerned about the potential impacts
of redevelopment which may include concerns around spillover parking on adjacent public
streets. Flexibility may be necessary due to recently passed State legislation eliminating parking
minimums which goes into effect in June 2025. For the time being, current parking requirements
from the mixed-use code will be followed.
Staff is planning to include the following requirements for parking:
• Require a traffic and parking study from the developer in all instances. If the study indicates
minimal parking is necessary, the developer will need to show how potential impacts to
surrounding areas are being mitigated. If the study indicates that infrastructure improvements
are required, the developer will be responsible for constructing those improvements. At the
concept plan stage, the developer will need to submit a traffic study that makes specific land
use assumptions.
• Parking design requirements borrowed heavily from the existing Section 26-1107 which are
working well. To the extent feasible, we will encourage a regional parking approach, shared
parking, Transportation Demand Management (TDM), specifically in the areas most likely to
see commercial or retail, including allowing for shared parking and parking garages.
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Section 26-14## - Site Circulation
This section will include requirements for vehicle, pedestrian, and bicycle access and networks.
Key concepts from the Master Plan that will be included in this section:
• Address concerns about new vehicular connections between the campus and existing
neighborhoods allowing for cut-through traffic.
• Prioritize pedestrian connections to open space and commercial/mixed-use nodes.
Staff is planning to include the following requirements for site circulation:
• Prohibition on a primary street connection to 35th Avenue at Dudley Street while requiring a
pedestrian connection. Allowance for a secondary connection which could allow for
fire/emergency access and/or indirect alley access; the latter would allow for alley-loaded
garages, so garage doors and driveways don’t have to front Dudley Street.
• Require pedestrian and bicycle connections throughout the site to allow access where vehicle
access is more limited and to ensure people can easily enter and access the site from
surrounding areas.
Section 26-14## - Open Space and Landscaping
This section will establish requirements for open space including requirements for parks and
plazas to enhance the public realm.
Key concepts from the Master Plan that will be included in this section:
• Linear greenway concept along Rocky Mountain Ditch, if ditch company allows, or outside
easement but still within proximity.
• Parks, plazas, and open space throughout the campus.
• Range of amenities from small pocket parks, larger parks/greenways, and integration with
potential civic facilities.
• Integration of existing tree canopy to the extent possible.
• Allow for flexibility in form of open space based on developer product.
• Open space serves multiple functions (e.g., buffers, gathering areas, recreation, detention.)
Staff is planning to include the following requirements for open space and landscaping:
• Utilize a regional approach to open space rather than lot-by-lot, i.e., aggregate open space
and not require each individual site/building to meet a minimum percentage.
• Provide public open space along Dudley Street with ped/pike connections into the campus,
such as a pocket park or plaza.
• Plan for a regional stormwater system, utilizing existing assets where feasible.
• Include enhanced design requirements to ensure the aesthetic quality of water detention
ponds.
• Incorporate easy access for all residents and visitors to open space amenities. All open space
shall have a bike/ped route adjacent to it or through it, connecting to surrounding areas.
• Coordinate with Rocky Mountain Ditch to determine what improvements they will require
and allow. The goal is to retain the trail alongside the ditch, whether within the ditch
easement or within a new easement.
• Require arborist analysis of existing trees as part of development application.
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• Utilize the City’s existing parkland dedication requirements to ensure regional open space is
publicly accessible.
If the Charter amendment is not approved, some open space considerations would need to be
sacrificed to accommodate the spread of lower height buildings throughout the site; taller heights
in the center allows for more open space on the perimeter and throughout the site.
Section 26-14## - Permitted Uses and Requirements for a Mix of Uses
This section will include a list of permitted uses within the MU-LLC zone, including additional
use restrictions within the low-density overlay and additional requirements for a mix of
residential and non-residential uses in certain areas. The section will be similar to Section 26-
1111 in Article XI, which is not intended to be overly prescriptive or exhaustive in providing a
list of specific uses, but rather provide for a range of uses while emphasizing the importance of
building form.
Key concepts from the Master Plan that will be included in this section:
• Provide for a diverse set of housing types that cater to a broad array of preferences, income
levels and household types, including families, young professionals, empty nesters, seniors,
and workforce/lower-income residents.
• Include employment uses in the central area and civic uses.
• Office uses are viable in the center of the site and along 38th Avenue.
• Provide limited retail, without cannibalizing existing nearby retail, that is viable and
complementary to the potential mix of uses near 38th Avenue and to pair with main street
goals to get some of these uses more interior to the site.
• Graduated approach to residential density with higher-density residential appropriate in the
interior of the site and near the ditch, medium-density along the parkways and between areas
of high and low density (including townhomes, duplexes, small scale apartment buildings,
and senior living), and low-density residential appropriate along the perimeter (e.g., single-
unit homes, patio products, low-density attached such as duplexes, but no townhomes).
Staff will include the following requirements for permitted uses:
• Generally follow the permitted use chart from Article XI and allow for a wide range of uses
within the interior of the campus, with some exceptions.
• Prohibit auto-oriented uses, at Council’s direction, which include drive-throughs, gas
stations, car washes, and auto sales, all of which are counter to the goals of the Master Plan
to prioritize pedestrians and not cannibalize existing retail/food uses on Wadsworth.
• Limit uses within the low-density overlay to single-unit homes, duplexes, and open space
only, to provide assurance to the community about what types of development will be next to
them. No townhomes or apartments will be allowed in the low-density overlay.
If the Charter amendment is not approved, allowable uses along the perimeter may need to be
expanded to allow for triplexes or other attached products as recommended by the Master Plan.
The City’s current mixed-use code contains some requirements for true mixed-use development
on sites larger than five (5) acres, meaning that residential and nonresidential uses are required.
The current code requirement in 26-1112 states that at least 50 percent of the proposed total
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square footage at the ground floor level shall contain nonresidential uses (i.e. commercial, retail,
restaurant, office, civic, etc.). This requirement is very high compared to surrounding
communities and needs to be reconsidered within the existing code to better reflect the market
reality of mixed-use development on large sites. This requirement will also be impossible for the
overall campus to meet because the desire is to have limited neighborhood-serving
commercial/retail and more residential uses across the site.
Staff believes that within Zones 2 and 3, requiring some nonresidential uses is necessary to
ensure that new development on the campus is not 100% residential. However, forcing a
minimum percentage or square footage of nonresidential is not viable since the market may not
support retail or other commercial uses at many locations, which would result in overbuilt and
vacant commercial spaces. Additionally, the Master Plan notes that retail and restaurant uses are
only viable and desired by the community in a limited portion of the campus.
Staff will take the following approach for requiring a mix of uses:
• A flexible approach to requiring new nonresidential uses in Zones 2 and 3 (in addition to
the existing medical office buildings) but leaving it vague enough so a developer can
figure out what works for them. Prescribing a certain percentage or square footage is
challenging to guess based on constantly changing economic factors and market forces.
Additional research of the requirements of peer communities and market research will be
required to find a reasonable standard.
• Include the allowance for freestanding commercial (horizontal mixed-use), or
nonresidential uses integrated into a vertical mixed-use development (i.e. on the ground
floor of an apartment building).
• Use the concept plan to identify potential locations the proposed use categories to meet
the requirement to include nonresidential uses and could identify the locations of
potential office, retail, or civic uses.
Section 26-14## - Preservation of Existing Buildings
This section is not included within Article XI but will need to be included in Article XIV due to
the substantial inclusion of preservation considerations in the Master Plan and an adopted
resolution regarding existing buildings. There is a strong desire from the community to address
these assets beyond the commitments of the Master Plan and Council’s resolution.
The blue house, chapel, and tuberculosis tent were identified as key community assets with
historic value through the master planning process, but they are not designated on the local, state,
or federal historic registers. The resolution adopted by City Council in 2022 states that a future
buyer shall demonstrate a good faith effort in “exploring meaningful preservation, rehabilitation,
and/or reuse” of the three buildings. The Master Plan states that there is strong community desire
to preserve the chapel and blue house and the developer “should” explore options to preserve
and/or adaptively reuse “one or both” structures.
This section will include the following requirements for the three identified existing buildings:
• As part of the concept plan application—which is early in the overall development
process—the master developer will need to provide justification as to how they intend to
comply with the intent of the Master Plan and the Council resolution. Approval of the
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concept plan would then bind the developer to that commitment, and future site plan
approvals would need to show how the structures are being rehabilitated and/or
incorporated into new development. Commitments to reuse or preserve can also be
documented through a development agreement between the City and developer, including
some incentives to require preservation through Tax Increment Financing (TIF)
agreements.
Section 26-14## - Signs
This section will include standards for signage, including any changes from the City’s standard
sign code. The Master Plan does not mention signage, and staff presented the recommendations
below to Council and received consensus to move forward.
Signage is an important consideration for large-scaled developments to ensure some unity in
design and standards. The City’s sign code is best applied to single buildings on single lots but
less applicable to a campuswide development. Given the low-density nature of the surrounding
area, staff is exploring some limitations on signage to ensure limited visual impacts. Some
master sign plans for regional developments can be too prescriptive on design, as staff are
discovering when trying to enforce requirements at Clear Creek Crossing, so some flexibility on
design and location of signs is desired.
This section will include the following approach to signage:
• Prohibit electronic messaging center (EMC) signage. This type of signage can have greater
impacts on the surroundings and is more appropriate in a purely commercial area.
• Require downcast lighting for signs and limit internally illuminated wall signs.
• Limit the height of monument signs for commercial and multi-unit development to be
pedestrian-scaled.
• Allow regional identification or gateway signage at primary site entrances to create branding
for the overall development.
• Require pedestrian-scaled wall signage including blade/arcade signs for commercial spaces.
• Allow for significant flexibility on directional and wall signage to ensure buildings and
tenant spaces internal to the site can be identified. Current code requirements are very
prescriptive and do not work well for a regional-scale development.
Section 26-14## - Lighting
This section will include standards for lighting, including any changes from the City’s standard
lighting requirements. The Master Plan does not mention lighting. The requirements will
essentially default to the standard mixed-use requirements, including the need for full-cutoff
fixtures and no uplighting to ensure limited spillover and low impacts on the night sky.
Section 26-14## - Site Plan Review
This section will contain requirements for review of site plans for individual buildings or regions
of the campus. No changes are proposed to the City’s standard site plan review.
Section 26-14## - Concept Plan Review
Concept plans are required for any mixed-use development over 10 acres, which will apply to
this campus. If the rezoning passes, any developer will be required to submit a concept plan
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application prior to any individual site plan or building permit review. The concept plan must
include: proposed circulation concepts including roads, access points, and major pedestrian
routes; proposed building areas and/or preliminary land use concepts; open space concepts;
traffic study with specific land use assumptions; and preservation concepts (see policy question
related to preservation below). Because concept plans are the first opportunity for staff and the
public to see an actual development plan and how it will comply with the zoning, a
neighborhood meeting is typically required for the developer to present their plan. Staff intends
to use the City’s existing requirements for concept plans, including both the neighborhood
meeting requirement and public notice.
Section 26-14## - Administrative Adjustments
Administrative adjustments are minor adjustments to some zoning standards intended to relieve
unnecessary hardship in complying with the strict letter of the law, especially in cases where
unique site or building characteristics exist. These types of minor adjustments are included in the
City’s current mixed-use regulations and will also be included in the MU-LLC requirements.
Section 26-14## - Definitions
Definitions not already within the municipal code may need to be added depending on if new
terms or uses are created.
NEXT STEPS
Staff is now in the early stages of drafting the MU-LLC zone district regulations. The rezoning
neighborhood meeting will take place on September 17, 2024, in coordination with another Let’s
Talk open house for the City Plan. Ultimately, these zoning regulations will need to be approved
by ordinance—just like any other zoning code amendment—before the campus itself can be
rezoned to the new MU-LLC zone district. Staff intends to continue working on a draft zoning
code, but no formal hearings would occur until after the outcome of any potential ballot question
is known. An additional study session at City Council may be necessary prior to formal hearings.
Future Charter-related dates are as follows:
• August 12, 2024: First reading at City Council for the ballot question language.
• August 26, 2024: Public hearing (second reading) at City Council for the ballot question
language.
• September 6, 2024: Last day to submit a ballot question to the County Clerk.
• November 5, 2024: Election Day