AGENDA PLANNING COMMISSION PRE-MEETING

AGENDA
PLANNING COMMISSION PRE-MEETING
Tuesday, August 9, 2016
Pre-Meeting Begins at 6:30 p.m.
Council Board Room
ITEM NO. 1: Item on This Evenings Pre-Meeting Agenda
Public Hearing and Action on the Westminster Promenade West Subdivision - Comprehensive Plan
from Mixed Use to Mixed Use Center Block 2 of the Promenade West Subdivision.
Presented By: Sean McCartney, Principal Planner of Urban Design
ITEM NO. 2: Upcoming Planning Commission Items
PLANNING COMMISSION
The authority for the Planning and Zoning Commission, known as the Planning Commission, is found
in the Westminster Charter and the Westminster Municipal Code. The Planning Commission is
charged with the review of Rezonings, Preliminary Development Plans, Amended Preliminary
Development Plans, Plats and Amended Preliminary Plats that are not approved administratively by
the City Manager.
There are two different procedures involved in the review of applications for development plan
approval and the procedure depends on the type of plan under consideration:
1.
After review and a public hearing on a Rezoning or a Preliminary Development Plan or
Amended Preliminary Development Plan, the Planning Commission must make a
recommendation to City Council. The Planning Commission may recommend approval of an
application, approval subject to specified conditions, or denial of an application. The
Planning Commission is not the final authority on these applications. The City Council is the
final decision maker.
2.
On application for Official Development Plans, Amended Official Development Plans,
Preliminary Plats and Amended Preliminary Plats, the Planning Commission does make the
final decision, unless the decision of the Planning Commission is appealed to the City
Council within 10 days of the Planning Commission decision by a “party-in-interest,” as
described in Section 11-2-2.4 of the Westminster Municipal Code. If a decision of the
Planning Commission is properly appealed to the City Council, the City Council will
schedule the item for consideration at one of their upcoming meetings and, after holding a
public hearing, make a final decision on the application.
If you need further information regarding the process, or any other matter related to the City’s
development review process, please contact the City Planning Division at 303-658-2092.
Tuesday, August 9, 2016
C O L O R A D O
7:00 PM
PLANNING COMMISSION MEETING AGENDA
1. ROLL CALL
2. CONSIDERATION OF MINUTES
a) Meeting Minutes from July 26, 2016
3. CONSIDERATION OF NEW BUSINESS AND PUBLIC HEARING
Public Hearing and Action on the Westminster Promenade West Subdivision - Comprehensive Plan
from Mixed Use to Mixed Use Center Block 2 of the Promenade West Subdivision – Sean McCartney,
Principal Planner of Urban Design
4. OLD BUSINESS
5. MISCELLANEOUS BUSINESS
6. ADJOURNMENT
PLEASE NOTE
The following are the procedures used by the Planning Commission:
1. Presentation of the development will be made by the Developer.
2. Those who are in attendance and favor the proposed development may speak. Those who are in
attendance and do not favor the proposed development may then speak. PLEASE SIGN THE SHEET
IN THE FRONT OF THE COUNCIL CHAMBERS WHEN YOU SPEAK.
3. All questions shall be addressed to the Chairman of the Planning Commission. The Planning Commission
reserves the right to question anyone at any time during the Public Hearing.
4. The Planning Commission is charged with the review of Rezonings, Preliminary Development Plans,
Amended Preliminary Development Plans, Official Development Plans, Amended Official Development
Plans, Preliminary Plats and Amended Preliminary Plats that are not approved administratively by the City
Manager.
5. There are two different procedures involved in the review of applications for development plan approval
and the procedure depends on the type of plan under consideration:
a. After review and a public hearing on a Rezoning or a Preliminary Development Plan or Amended
Preliminary Development Plan, the Planning Commission must make a recommendation to City
Council. The Planning Commission may recommend approval of an application, approval subject to
specified conditions, or denial of an application. The Planning Commission is not the final authority
on these applications. The City Council is the final decision maker.
b. On applications for Official Development Plans and Amended Official Development Plans, the
Planning Commission does make the final decision, unless the decision of the Planning Commission is
appealed to the City Council within 10 days of the Planning Commission decision by a “party-ininterest,” as described in Section 11-5-13(B.1) of the Westminster Municipal Code. If a decision of
the Planning Commission is properly appealed to the City Council, the City Council will schedule the
item for consideration at one of their upcoming meetings and, after holding a public hearing, make a
final decision on the application.
If you need further information regarding this process, or any other matter related to the City’s development
review process, please contact the City Planning Division at 303-658-2400 ext. 2092.
CITY OF WESTMINSTER
PLANNING COMMISSION
Meeting Minutes
July 26, 2016
1. ROLL CALL
The regular meeting was called to order at 7:00 pm by Chairman Anderson. Present were Commissioners
Boschert, Colling, Dunn, Mayo and Welch. Commissioners Carpenter, Litzau, and McConnell were excused
from attendance. Also present were Staff members, Mac Cummins, John McConnell, David German, and Jo
Ann Corley.
2. CONSIDERATION OF MINUTES
Meeting Minutes from July 12, 2016.
Commissioner Boschert made a motion to approve the minutes from the July 12, 2016 Planning Commission
meeting as written. Commissioner Mayo seconded the motion. The minutes were unanimously approved (6-0).
3. CONSIDERATION OF NEW BUSINESS AND PUBLIC HEARINGS
a) Public Hearing for Strawberry Gardens Lot 4 Rezoning, and Action on Proposed Preliminary Development
Plan and Official Development Plan
David German entered into the record the agenda memorandum, attachments, and notice published in the
Westminster Window on July 14, 2016. Mr. German narrated a PowerPoint presentation showing the proposal:
 To approve a zoning change from R4 to PUD for the subject property, located at 5240 W. 78th Place,
owned by W 78th LLC
 To approve the Preliminary Development Plan
 To approve the Official Development Plan
The applicant had no presentation but made himself available for questions or comments. The Planning
Commission had no questions or comments.
The public hearing was opened and closed with no one from the public speaking in favor or against.
The motion was made;
1. Commissioner Boschert moved and Commissioner Mayo seconded the motion to recommend the City
Council approve a zoning change from R4 to PUD for the subject property, located at 5240 W. 78th Place,
owned by W 78th LLC. This recommendation for approval is based on a finding that the criteria set forth in
Section 11-5-3 of the Westminster Municipal Code have been met, and to recommend that the City Council
Approve the Preliminary Development Plan. This recommendation is based on a finding that the criteria set
forth in Section 11-5-14 of the Westminster Municipal Code have been met, and further recommend that the
City Council Approve the Official Development Plan. This recommendation is based on a finding that the
criteria set forth in Section 11-5-15 of the Westminster Municipal Code have been met.
The motion passed unanimously (6-0)
There was no new action items or discussion.
4. ADJOURNMENT
The meeting was adjourned at 7:10 p.m.
THE WESTMINSTER PLANNING COMMISSION
___________________________________________
Jim Boschert, Co-Chairman
Agenda Memorandum
Planning Commission Meeting
August 9, 2016
SUBJECT:
Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Prepared By: Sean McCartney, Principal Planner of Urban Design
Policy Issue(s)
Should the City approve an amendment to the Comprehensive Plan from Mixed Use to Mixed Use Center
for Block 2?
Background Information
Nature of Request
The Westminster Promenade West Subdivision has a long history as an important project within the City.
The existing Promenade was established in 1996 when the City Council approved an Official
Development Plan (ODP) to create a leisure/cultural/entertainment complex designed to serve the
northwest metropolitan area. This included a 24-screen AMC theatre and a plaza that is located in front
of the theatre leading to a promenade of shops and restaurants. This promenade extends to a pedestrian
bridge over Westminster Boulevard connecting Westminster Promenade West with the Westin hotel and
the Ice Centre (Westminster Promenade East), and a recently approved 276 unit residential apartment
community, 12 townhomes, and 12 live/work units fronting the promenade.
2013 Comprehensive Plan
SUBJECT: Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Page 2
In 2013, the Comprehensive Plan designated this property as Mixed Use Center with the intention of a
greater residential density within a mix of uses. The area was also included as one of the five Focus
Areas. The focus areas comprise both new and existing activity centers near major crossroads and transit
stations – location that will serve as key opportunities for gateway development, establishing a strong city
identity and fostering economic vitality.
Westminster Promenade West is within the Church Ranch Focus Area. The Church Ranch Focus Area is
one of the most strategic locations in the city and provides as significant opportunities for new clustered
development and intensification in the city. The Church Ranch Focus Area will build on its established
role as a regional citywide destination, acting as a gateway into Westminster from US 36.
The Comprehensive Plan provides a clear vision for this area and sets as a policy (F-P-28) that master
plans be developed for each area within the Church Ranch Focus Area. Additionally it defines the
provisions for the Westminster Promenade West Mixed Use Center, stating:
“Ensure the master plan for the Westminster Promenade Mixed Use Center area includes a mix
of uses, including retail, entertainment, hotel, office, and residential development. This area
should act as the heart of the focus area with the highest intensity of development. A vertical mix
of uses should be emphasized, with retail at the ground floor and residential, office, and hotel
uses on upper floors.”
Previous Submittal
In fall of 2014, the applicant submitted a request for an amendment to a Preliminary Development Plan
(PDP) and a Master Official Development Plan (ODP) for the Westminster Promenade West. The 2014
ODP amendment included several single story retail and restaurant buildings along 104th Avenue. During
Staff’s review, it was determined the submittal did not meet the minimum density requirements of Mixed
SUBJECT: Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Page 3
Use Center, which has a minimum Floor to Area Ratio (FAR) of .75. In order to move forward with the
first phase, Staff recommended the applicant change the Comprehensive Plan designation to Mixed Use
which has a minimum FAR of .10.
During the November 11, 2014 Planning Commission meeting, it was discussed that the original ODP
allowed for 80 residential units per acre and Planning Commission wanted to retain a high density for this
development. Therefor the Planning Commission encouraged the applicant to consider a solution that
would bring back the higher density residential component at a later date.
After the November, 11, 2014 Planning Commission meeting, and based on further discussions with
Staff, the applicant requested to modify the Comprehensive Plan for the portions of the project that lie
within Blocks 1A, 1B, and 2, and to keep the balance of the property Mixed Use Center. This request was
approved by City Council on July 27, 2015.
Comprehensive Plan Amendment
The applicant is requesting a change from the Mixed Use land use designation to the Mixed Use Center
land use designation for Block 2 in order to increase the economic viability of the site while still planning
for a mixed-use, pedestrian-friendly urban environment. The primary difference between the Mixed Use
Center and Mixed use land use designations is the intensity of development as regulated by Floor to Area
Ratio (FAR) and density limitations. The table below outlines these differences:
Land Use District
Mixed Use
Mixed Use Center
Density Min
8.0 du/ac
(when
provided)
18.0 du/ac
(when
provided)
Density Max
36.0 du/ac (when
provided)
No Maximum
FAR Min
0.10 Commercial
when Residential
is provided
0.75 Combined
Residential and
Commercial
FAR Max
1.5 Combined
Residential and
Commercial
2.0 Combined
Residential and
Commercial (Greater
FARs may be permitted)
SUBJECT: Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Page 4
The Westminster Municipal Code (WMC) (11-4-16) requires that the owner of the property requesting an
amendment to the Comprehensive Plan (CP) prove the amendment is in the public good and in overall
compliance with the purpose and intent of the CP.
Staff believes the proposed Comprehensive Plan amendment from Mixed Use to Mixed Use Center meets
the criteria outlined in the WMC 11-4-16 as the change facilitates development that meets the long-range
vision outlined in the Plan while also allowing development of early phases (Block 2) that are consistent
with the current market demand, which allows for a greater floor to area ratio (FAR) and density. Staff
believes that the redevelopment of this site, as outlined in the Master ODP, into a transit supportive urban
neighborhood is in the interest of the public good and meets the intent of the Comprehensive Plan.
Location
The 32 acre site is located in the Church Ranch Focus Area and is bounded on the west by US Highway
36, to the south by West 104th Avenue, and to the east by Westminster Boulevard. The properties to the
north and east are within the Northpoint Center Planned Unit Development (PUD). (Please see attached
vicinity map).
Surrounding Land Use and Comprehensive Land Use Plan Designation
Development
Name
North: Westminster Promenade Filing No. 3
South: Northpoint Center Filing 1
EAST: Westminster Promenade East
West: US36
CP Designation
Zoning
PUD
Mixed Use
Center
PUD
Retail
Commercial
PUD
Mixed Use
Center
-
Use
Retail Commercial
Butterfly Pavilion,
Commercial
Entertainment, Hotel,
Undeveloped
-
Public Notification
Westminster Municipal Code 11-5-13 requires the following three public notification procedures:
SUBJECT: Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Page 5

Published Notice:
Notice of public hearings scheduled before Planning Commission shall be
published and posted at least 10 days prior to such hearing and at least four days prior to City Council
public hearings. Notice was published in the Westminster Window on July 28th, 2016.

Property Posting: Notice of public hearings shall be posted on the property with one sign in a
location reasonably visible to vehicular and pedestrian traffic passing adjacent to the site. Four signs
were posted on the property on July 28th, 2016.

Written Notice: At least 10 days prior to the date of the public hearing, the applicant shall mail
individual notices by first-class mail to property owners and homeowner’s associations registered
with the City within 300 feet of the subject property. The applicant has provided the Planning
Manager with a certification that the required notices were mailed on July 28th, 2016.
Applicant
Rich Kraus (Owner representative)
C/O Acumen Development, LLC
4600 S Syracuse Street, Suite 1450
Denver, CO 80237
Property Owner
Westcol Center, LLC
Westcol Theater, LLC
909 Walnut Street, Suite 200
Kansas City, MO 64106
Westminster Municipal Code Requirements
The following information provided complies with the City’s comprehensive plan amendment criteria in
Section 11-4-16 of the Westminster Municipal Code (WMC). Staff is of the opinion that the approval of
the proposed comprehensive plan amendment satisfy all of the following criteria.
SUBJECT: Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Page 6
AMENDMENTS
The owner shall have the burden of proving that the requested amendment will be in the public good and
in compliance with the overall purpose and intent of the Comprehensive Plan, and the Council shall so
find before approving an amendment. An opportunity for a more profitable use shall not, by itself, be
grounds for an amendment.
Staff Analysis
The request to amend the Comprehensive Plan from Mixed Use to Mixed Use Center for Block 2
complies with the original intent of the 2013 Comprehensive Plan, which had the entire property as
Mixed Use Center. The request also complies with the requirements established in Section 11-4-16(D) of
the WMC because the applicant has shown the request is “in the public good” and “in compliance with
the overall purpose and intent of the Comprehensive Plan” by complying with the goals and policies
established for the Church Ranch Focus Area.
Referral Agency Responses
A copy of this request was sent out to referral agents and no comments were received.
Neighborhood Meeting(s) and Public Comments
On Tuesday July 19th, 2016, a neighborhood meeting was held to solicit feedback on Westminster
Promenade West. One person attended, a representative from the Butterfly Pavilion. The attendee was
very supportive of the proposed development and welcomed the additional activity and residential
development potential.
SUBJECT: Public Hearing and Action on the Westminster Promenade West Subdivision – Proposed
Comprehensive Plan Amendment from Mixed Use to Mixed Use Center Block 2 of the
Promenade West Subdivision.
Page 7
Additionally, notice of the public hearing was sent on July 28th to all adjacent property owners within 300
feet of the PDP boundary. City staff have not received any comments or inquiries as a result of the public
hearing notification.
Strategic Plan
The Promenade West project and proposed Comprehensive Plan amendment meet the City Council’s
Strategic Plan Goals of Vibrant & Inclusive Neighborhoods, Dynamic Diverse Economy, and Ease of
Mobility. The Promenade’s overall master plan outlines a framework to redevelop an already successful
neighborhood into a more pedestrian-oriented, human-scaled, transit friendly development, which in turn
supports our economy and provides easy access to amenities and shopping.
Respectfully submitted,
Mac Cummins
Planning Manager
Attachments:
 Attachment 1 – Vicinity Map
 Attachment 2 - Comprehensive Plan Map