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HomeMy WebLinkAbout12/18/14CALL THE MEETING TO ORDER 9 U 0 0 M The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present PLEDGE OF ALLEGIANCE Amanda Weaver Steve Art, Urban Renewal Manager Meredith Heckert, Senior Planner Sara White, Planner 11 Kim Waggoner, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda. Motion carried 6-0. APPROVAL OF MINUTES — December 4, 2014 It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the minutes of December 4, 2014, as written. Motion carried 5-0-1 with Commissioner TIMMS abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes December 1 8, 2014 No one wished to speak at this time. 7. PUBLIC HEARING A. Resolution 04-2014: Mr. Art addressed the Commission with the request to adopt a resolution approving a second amendment to the Wadsworth Boulevard Corridor Redevelopment Plan in adherence to the City's Comprehensive Plan, E'nvision lEheat RUge as it relates to the development of a site at the southwest corner of 38"' Avenue and Wadsworth Boulevard. Mr. Art reviewed the digital presentation and the staff report. He stated the purpose of the resolution is to verify the project adheres to the Comprehensive Plan/Urban Renewal Plan. Tile project is still in the planning phase, He reviewed a preliminary site plan which showed the layout of the buildings. He stated the process will be heard by City Council. The development will require public improvements including turn lanes, bus loading zones, walkability through the site and parking lots. The contamination rernediation will be included and the Tax Increment Financing (TIF) financing will aid in the land pay-down. Commissioner TIMMS inquired about the process, Mr. Art stated planning Commission will affirm the project adheres to the City's Comp Plan. Ifthat is approved, the county and agencies will be notified with a 30-day response period. The second modification to the Wadsworth Boulevard Corridor redevelopment will be taken to City Council which will utilize Planning Commissions' resolution as comment and they will approve or deny the second modification. If City Council approves it the Urban Renewal Authority (URA) can then enter into a Tax Increment Finance (TIF) agreement. Con asked if URA has voted to approve TIF for the property. Mr. Art responded they have not. They are still evaluating the pro forma. 'file project is not viable without TIF. Commissioner TIMMS asked who reviews the project first, City Council or URA. Mr, Art stated it doesn't matter but most likely the URA will meet first but they will not be able to sign the TIF agreement until City Council approves the second modification which allows the clock to start on TIF. Commissioner 01-IM inquired about the bold and red elements in the staff report and confirmed the items in red adhere to the Comp Plan and the bold iterns do not conform to the Comp Plan. Mr. Art concurred. Commissioner 01-IM asked for the definition of multiple transportation modes. Mr. Art replied that was meant for the Transit Oriented District (TOO) site at Ward Road, Multi- modal would include commuter rail and pedestrian cars. This site project will enhance the multi -modal with high tech bicycle racks, more walkability through the site, and the bus stop will be modified with a lane. Planning Commission Minutes December 18, 2014 Commissioner OHM inquired about the building height limits and upper story setbacks for mixed use commercial as it relates to residential development, Mr. Art stated a true mixed use can be five stories. The height limit without mixed use is 50 feet, 70 feet with mixed use. This project will be all single story buildings. In response to Commissioner OHM's question, Mr. Art stated all areas behind the grocery user will be screened. All outdoor storage will be screened. Commissioner BUCK AM inquired about a portion of the TIF to be utilized to pay_ down the cost of the land and if it will be paid to the developer. Mr. Art, replied yes. Commissioner BUCKNAM asked how much of the TIF value in terms of a percentage is going toward the property value remediation. Mr. Art stated it is not a large percentage most of it is going toward the physical improvement for drainage, water and sewer service. Commissioner BUCKNAM asked if any city right-of-way is being planned for the development, Mr, Art stated the interior will be private circulation. Tile main entrance at 36"' Avenue will be built to city standards. The developer wants control their own snow removal services. There are sorne right-of-ways on Wadworth and 38"' Avenue that will be dedicated, Commissioner BUCKNAM stated the materials shown in the elevations are not high quality in terms of appearance. fie asked if the quality of the materials has been addressed with the developer. Mr. Art stated yes and more articulation has been requested. Chair BRINKMAN inquired about legal councils' reasoning as to why this case Is being heard by Planning Commission. Mr. Art replied any URA project with TIF require review by Planning Commission. Chair BRINKMAN asked how TIF will impact the property and sales tax for the project. Mr. Art stated it won't have an effect upon the community. Currently the parcel is empty and not collecting any sales tax and the property tax is minimal. The TIF will allow sales tax which will be collected and flow back to URA which will pay for the infrastructure. Plus, the property tax will increase. The base stays the same, all the taxing agencies will still receive monies plus a 2% increase per year and the increment above that will flow back to URA and dedicate a portion back to the project. Ultimately, the City is giving up a little money now to help pay for tile infrastructure but in the long run after it is paid off all the sales tax will start flowing back to the City in the general fund. Chair BRINKMAN asked if the TIF will utilize the full 25 years. Mr. Art replied no if pro fornia does as it says it will be paid off in 10 years or less. The remainder will come back to the URA and will likely be given back to the City, Planning Commission Minutes -3— December 18, 2014 In response to Chair Brinkman's question, Mr, Art stated retail leakage could be defined in many way including restaurants, furniture stores and clothing stores. Chair BRINKMAN stated she was having a hard time understanding the noise abatement with the neighborhood buffer. Mr. Art stated currently the open land creates a buffer. The developer feels the development will be a nice buffer between the neighborhood and the heavy traffic on Wadsworth. Plus the neighbors will be able to walk a short distance for groceries and the center for shopping and restaurants. Chair BRINKMAN inquired about stimulating investment and redevelopment in neighborhood buffer areas by updating and rehabilitating multi-family properties. Mr. Art stated the funds could be utilized for a facade update oil the apartments on Yukon Court, The funds are not given back exclusively to the project. They can be used for other projects within the area. Chair BRINKMAN asked if the wetlands detention area to the west will continue to exist, Mr. Art stated the wetland area is behind the proposed grocery user and it is 20 to 30 feet deep and it will remain. The water will runoff` to the wetlands. Water surveys have been done. The project will not affect any of the water tables and will not cause flooding for the residents on the back street or to the east. The water that flows to the north will be pumped back to the swale. A storm water management plan will be required and the normal review will be done. Commissioner DORSEY inquired about the dollar amount of the TIP. Mr. Art stated it has not yet been determined. It will be in about six to seven million dollars. It is in the purview of City Council and URA, Chair BRINKMAN opened the public hearing. Thornas Lundy 3500 Allison St, Mr. Lundy read a three-page letter of opposition into the record. Fie is strongly opposed. fie stated the proposed development was denounced as outdated in concept, has uninspired designs, is unimaginative, is dated, lackluster, has no tremendous amount of multi -modal opportunities, has no walk-able center, is unworthy of TIF and cannot enhance character and gateways, The jobs will be low wage retail and food service jobs. More can be accomplished under the mixed use regulations. Once the land is developed and TI F is granted that opportunity is diminished, He urged the commissioners to reject amendment. Maureen Daly 3620 Otis St. Ms. Daly stated many of the benefits listed in red are not believable. She doesn't believe Wal-Mart can preserve and enhance the neighborhood, The proposed town center will Planning Commission Minutes -4— December 1 8, 2014 harm what is being done on 38"' Avenue. She is worried about Safeway, property values and the increase of traffic on 38"' Avenue. Louise A. Canjar 3055 Webster St. Ms. Canjar concurred with the previous speakers. Charlie Myers 3620 Otis St. Mr. Myers concurred with the previous speakers. Mary Drobnick 3695 Rolland Ms. Drobnick also agreed with the previous speakers. Joseph Buchholz 3690 Chase St. Mr. Buchholz stated he is responsible for anti-Wal-Mart signs. fie spoke to 250 people and the general consensus is that none of them want another Walmart on 38 Avenue, Robb Cobb 3600 Garrison St. Mr. Cobb stated he is in agreement with the other speakers for opposition of the proposal. The steps seem pro-gressive and not progressive. This is a cookie cutter plan. We have the opportunity to do something different and identify Wheat Ridge with a change in the status quo. Chair Brinkman closed the public comment. Commissioner BUCKNAM inquired about the phasing aspect. He asked what will happen if a developer doesn't complete a phase and how will that impact distribution of TIT' and property value remediation. Essentially, how does it affect the tax payers. Mr. Art stated when the entire project is finished bonds will be sold on the open market with a low interest rate. The TI F will be obligated to pay back the bond purchasers. If the project does not create enough revenue to pay the bonds the City is not obligated to pay out of the general fund or additional TIF. That is the risk the bond buyer will take for purchasing the bonds. Mr. Art reminded the Commission that the hearing is not about users or the layout but conformance to the City's Comp Plan. Chair BRINKMAN stated the comp plan talks about building something sustainable and she opined that meant property taxes and retail tax. She asked if the city will recoup individual property taxes for the housing phase. Mr. Art stated yes, once the properties are done, each of them will be assessed as single family residential units. They will be plotted as separate lots. Planning Commission Minutes -5— December 18, 2 014 Commissioner DORSEY asked why the housing phase will be the last to be developed. Mr. Art stated it may not be. It was originally listed as phase 3 because the developer initially didn't know what they wanted to do with it. The housing developer would like to take the frontage along Wadsworth for office buildings and restaurants. Commissioner TIMMS stated the mix of use at 38 "' and Kipling includes a grocery store, a multi-tenant retail and a senior housing component. A similar type of component is proposed for this site. Mr. Art concurred. Chair Brinkman closed the public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to adopt Resolution 04-2014, finding the Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan for the southwest corner of 38 Avenue and Wadsworth Boulevard is in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge. Commissioner BUCKNAM stated he has some issues with potential future site plans about whether transportation connections are being increased, enhancing community character and accentuating quality design, the array of housing options and the definition of local economy; does that mean preserving small business or simply building an employment base. Chair BRINKMAN stated she will be voting no not because of the potential uses but because she felt there was not enough inf about the property in the packet. She feels she doesn't have enough information to prove the property and the plan meets the Comp Plan. Commissioner OHM also stated be will be voting no because there were a lot of points that the applicant could of addressed and did not. Motion denied 2-4 with Commissioners BRINKMAN, OIIM, DORSEY and KIMSEY voting no. B. ' Case No. WZ-14-11: Ms. White presented the case. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met, Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated the purpose of the zone change request is to expand possible uses to include the option of converting the structure back to residential occupancy. The applicant is not proposing any new development at this time. Planning Commission Minutes -6— December 18, 2014 Commissioner TIMMS asked if the City is okay with Harlan Street going residential, Ms. Recker t stated Harlan is an interesting mix of both residential and commercial. The city is okay with the mixed zoning and uses as long as they are compatible with each other. Commissioner TIMMS asked if there are any land use processes or administrative review to address the paving in the front yard. Ms. Reckert replied no and since there is no garage or street parking available the occupant will need to park in the front yard. Ms. White stated there is a large mature tree in the front yard and improved street scape at the property. Commissioner DORSEY stated the property could remain as a commercial property or be converted to a commercial property with the zone change. There are more options with the zone change. Benjamin Kaplan 4295 Harlan St. Mr. Kaplan stated the property is very much a house even though it previously had a spa business. He has purchased it and is waiting for the rezoning so he can live in it. Chair BRINKMAN opened the public hearing. No one wished to speak. Chair BRINKMAN closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommended approval of Case W7,14 -11, a request for approval of a zone change from Restricted Commercial to Mixed-Use Neighborhood for property located at 4295 Harlan Street for the following reasons: L The proposed zone change will not adversely impact the public health, safety or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. REEMEEMEMMM 8. OTHER ITEMS A. Chair BRINKMAN stated the Commission has heard similar zone change requests. M. White stated staff has discussed these types of zone change requests and a code amendment is a likely option to allow administrative zone changes in the Restricted Commercial zone district and Neighborhood Commercial zone districts, Chair BRINKMAN suggested a mass rezoning or elimination of the Restricted Commercial zone I'llanning Commission Minutes December 18, 2014 district or change the zone district. Ms. Reckert stated certain uses are dealt with differently in these districts so that would need to be reviewed. Commissioner BUCKNAM stated the setbacks are different in these zone districts. Commissioner 01-IM agreed with the administrative process with a public hearing option for negative feedback, B. The next Planning Commission hearing is scheduled for January 15, 2015, 9. ADJOURNMENT WICW ana secona - M - 6 - y — Conmussione adjourn the meeting at 8:25 pm. Motion carried 6-0. Anne Brinkman, Chair 4 Kim ­ Waggoncr, c rding Secretary Planning Commission Minutes December 18, 2014 -8--