Loading...
HomeMy WebLinkAbout07/17/1997AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION JULY 17,1997 Notice is hereby given of a Public Hearing to be held before the City of Wheat Ridge Planning Commission on July 17, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. MUM 3. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES - June 19,1997 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 6 of the Public Hearing Section of the Agenda.) 7. PUBLIC HEARING A. Casg WS-27-2: An application by Wallace Rice for Albert Family Trust for approval of a six (6) lot major subdivision on Residential-One zoned land located at 12355 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. 4-011. !CaNg WZ c 97-8: An application by Ronald C. Luke for Pasquale J. LoSasso and co""Ot Pasqual D. Aiello for approval of a rezoning from Residential-Two to Planned 0) / 6 "_ 6 Commercial Development and for approval of an outline development plan and a final development plan and plat with a variance for property located at 3470 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado. 13. ADJOURNMENT 11WASWAMM 'CT • UE FLA11111110 UUFT11TffS'KUtN June 19, 1997 1. CALL THE MEETING TO ORDER. The meeting was called to order by Chairperson WILLIAMS at 7:30 pm., on June 19, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Harry Williams, Chairperson STAFF PRESENT: Glen Gidley, Director Planning & Development Meredith Reckert, Senior Planner Marilyn Gunn, Recording Secretary I a 0 1 13 The following is the official copy of Planning Commission minutes for the Public Hearing held on June 5, 1997. A copy of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) A motion was made by Commissioner RASPLICKA, seconded by Commissioner SHOCKLEY to approve the agenda with additions to Item 11 to include a review from Director GIDLEY regarding the CPRC and discussion to establish a time to discuss the Planning Commission By- Laws. Motion passed 6-0. Planning Commission Minutes June 19, 1997 Page 2 A motion was made by Commissioner RASPLICKA, second by Commissioner SHOCKLEY to approve the Minutes of June 5, 1997, with change on Page 5 to replace Commissioner Snow's name with that of Commissioner WILLIAMS. Motion passed 6-0. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing Section of the Agenda.) There was no one present to speak. 7. PUBLIC HEARING A. Case NQ, CUP-97-4: A request by the Wheat Ridge Presbyterian Church to approve a request of a Conditional Use Permit to allow a church and outdoor worship area on Residential-Two zoned property located at 9180- W. 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Chairperson WILLIAMS swore in the following speakers: Tim Kathka, architect, 1580 Lincoln St., Denver. He is the architect for the church and wished to emphasis the church's desire to be a good neighbor and an asset to the City with regard to this facility. Planning Commission Minutes June 19, 1997 Page 3 noise is not to generate a lot of noise in the first place. He stated the Wheat Ridge does not have noise standards but has considered other city's noise ordinances and has recommended to the church that the sound system is never played louder or would be conceived as louder than rush hour traffic. He suggested using a loud speaker system that focuses the sound only on the amphitheater. Bill Trefe, 3875 Allison Circle. He stated that the church is a good neighbor. He briefly discussed review of the Master Plan and has no desire to create an adverse condition. He also discussed the sound system to be purchased which would, solve any noise problems and would not be cost prohibitive. (Due to technical recording problems, some testimony was unreadable.) Bob Eckhardt, 7400 W. 34th Avenue. Mr. Eckhardt stated he is for the proposal and is glad that the acoustical system is being at looked in detail however does not believe it will be a problem in any case. He also stated that he thought it was sound to look at potential problems with noise for future growth of the area. Discussion took place regarding building setback, irrigation system, acoustical system, amount of wattage, property lines, conditional permits, modifying noise, future use, future surrounding building concerns, berm/fencing/walls and elevation. Yor approval oi a conaitIonal use permit to allow a cliurcft anct outaoor worsnip area on prope zoned Residential-Two located at 9180 West 38th Avenue, be APPROVED for the following reasons: 1 Planning Commission Minutes June 19, 1997 Page 4 With the following conditions: Motion passed 6-0 9. OLD BUSINESS Commissioner BRINKMAN inquired if Staff was to remind Applewood Baptist Church that they must reapply for their use request. Director GIDLEY stated that Staff is not responsible and that the burden is upon them to provide adequate information within the time restraints to be able to be reheard in August, 1997. Commissioner THOMPSON inquired if there would be a conflict of interest since she is a member of this church. Director GIDLEY stated that unless there would be a personal interest, there would be no conflict. She was advised that if she was uncomfortable voting on the Applewood Church request, that she could abstain. Director Gidley addressed the By-Law revision target date and what would need to happen next. He stated that the Commission originally wished to wait until the training session was completed and back up to full strength, He suggested to Ms. Reckert that this item be revisited in July. Planning Commission Minutes June 19, 1997 Page 5 Chairperson WILLIAMS stated that he and the other Commissioners will miss Director GIDLEY and advised that all Commissioners would be available for anything he may need in the future, Mr. Eckhardt stated as well that it was very difficult for the City to be losing such a good Planning Director but is happy that Director GIDLEY will be participating in items which will make him happy. Chairperson WILLIAMS stated on the behalf of the Commission that the City Planning Commission Minutes June 19, 1997 Page 6 12. COMMITTEE AND DEPARTMENT REPORTS Meeting was adjourned at 9:45 p.m. by The next meeting will be held July 17, 1997. LT - XVIT- mrUMNIT7 LOCATION OF REQUEST: 12366 W. 38th Avenue NAME & ADDRESS OF APPLICANT(S): Wallace Rice 4618 Fig Street Golden, CO 80403 M III Ma= APPROXIMATE AREA: 2.8 Acres PRESENT ZONING: Residential-One PRESENT LAND USE: Single family residential, vacanl SURROUNDING ZONING: SURROUNDING LAND USE: N: single family residential, vacant; S: single family; E: single family residential (under construction); W: elementary school COMPREHENSIVE PLAN FOR THE AREA: low density residential — ------- – -- – ---- – -- – -- – – ------ DATE PUBLISHED: June 27,1997 DATE POSTED: July 3,1997 DATED LEGAL NOTICES SE RELATED CORRESPONDENCE: () ATTACHED (X) NONE — - – ------ – ------ – --------- – -- – --------- — ---------- – -------------------- – ------------- – -------- – --- ---------- ENTER INTO? R199ORD: COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS OTHER — – – ------------- – – – ---- – ---- – — ------- JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have bee met, therefore, there is jurisdiction to hear this case. I Planning Division Staff Repo Case No. WS-97-2/Rice I om The applicant requests approval of a six-lot subdivision on R-1 zoned land located at 12355 West 38th Avenue. The subdivision shows six lots, including the existing house on Lot 6, with a cul-de-sac, bulb off-set to the east. All of the new lots meet or exceed the R -1 -one district standards for lot size and lot width. Full width right-of-way dedications (50) occur in front of lots 3 through 6. A half-width dedication (25') will occur in front of lots I and 2. The northeastern portion of Lot 5 contains a detention pond. Because of the requirement for street dedication, a nonconforming setback is created for the existing house on Lot 6. At the northeastern comer of the house, the setback from Urban Street is 24', where a 30' front setback would normally be required next to a public street. Staff has concluded that because the nonconformity is created as a result of a government action, no -variance is required. I 111. AGENCY REFERRALS All responding agencies can serve the property. Consolidated Mutual Water Company can serve the property. A main line extension will be required at the developer's expense. Wheat Ridge Fire Protection district can serve the property. One hydrant will need to be installed at the north edge of Lot 1. The cul-de-sac bulb must be signed "no parking". Parks and Recreation Planning Division Staff Report Page 3 Case No. WS-97-2/Rice Commission will require fees-in-lieu of land dedication. Staff has concluded that the proposed subdivision meets or exceeds the standards for Residential-One development. Staff further concludes that all the requirements of the Subdivision. Regulations have been met. Therefore, a recommendation of Approval is given for Case No. WZ-97-2 with the following conditions: I Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what, occurred on the property to the east. Option A: "I move that Case WS-97-2, a request for approval of a six-lot subdivision on R -1 zoned property located at 12355 West 38th Avenue, be APPROVED for the following reasons: I . All of the lots meet or exceed the Residential -One zone district standards, 2. All of the requirements of the Subdivision Requirements have been met. With the following conditions: I Existing mature trees on the property be saved with consultation by the City Arborist. 2. An eight feet wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. Staff recommends approval." Option B: "I move that Case WS-97-2, a request for approval of a six-lot subdivision on R- I zon property located at 12355 West 38th Avenue, be DENIED for the following reasons: I 2. ' / I THIS DEED, Made this day of March 11, 1997, between ALVIN L. ALBERTS, TRUSTEE OF THE ALBERTS FAMILY TRUST DATED MAY 31, 1991 of the County of JEFFERSON and State of COLORADO, grantor, and WALLACE RICE whose legal address is 6255 W. 52ND AVENUE, ARVADA COLORADO 80002 of the County of JEFFERSON and State of COLORADO , grantee: WIMSSET,H, that the grantor, for and in consideration of the sum of $465,000.00 DOLUXRS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, all the real property, together with isprvveatnts, if any, situate, lying and being in the County of JEETERSON and State of Colorado, described as follows: CES EXHIBIT *A' ATTACHED HERETO A" INCORPORATED HEREIN BY 'THIS WXFERZNCE. RECEPTION NO. F0383278 57.50 PG: 0001-002 11 230 RECORDED IN JEFFERSON COUNTY, COLORADO 3/12197 11:33:51 r-4 IN WITNESS WHEREOF, the grantor has executed this dead an the date set forth above. 0, it.;, Z AIVIN L ja&RA, TRUSTEE OF THE AUUTi TMILY TRUST DATED MAY 31, 1941 W - W., sm, Al � / \��� ~ �� V4W1r111"We1V'1 plat. LOCATION • REQUEST: 3470 Wadsworth NAME & ADDRESS OF APPLICANT(S): Ronald C. Luke 10748 E. Crestridge Circle Englewood, CO 80111 NAME & ADDRESS OF OWNER(S): A & L Investments P.O. Box 11481 Denver, CO 80211 — -- — — --- — ----------- — -- ------ — — ------- — -- — --- — ---------- — -- — -------- — ------ — ---- — ------ — -- — ----- — -- — ------ — — --- APPROXIMATE AREA: .78 acre PRESENT LAND USE: Vacant SURROUNDING ZONING: N, S, E: R-2; W: RC-1, R-3 SURROUNDING LAND USE: N: vacant; S, E: low density residential; W: church, high density residential COMPREHENSIVE PLAN FOR THE AREA: low density residential ------ – – --------- – --- – ------ – ------- – ------ – - – – – --- — -- — -- – ---------------- – ------- – -------- – --------------------------- DATE PUBLISHED: June 27,1997 DATE POSTED: July 3,1997 DATED LEGAL NOTICES SENT: June 25,1997 RELATED CORRESPONDENCE: (X) ATTACHED () NONE — ----- — ------------------- ---- — ------------------ — ------ — - — - — — -- — ------------------ — ----- ----- — -- — --- — ------------------- ENTER INTO RgCQRQ: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS OTHER — - — --------------------- — -- — ----- — ----------- — -- — ----------- — --- — - — ---------------- --------------------------- — ---- jLJRlgj?ICTIQN: The property is within the City of Wheat Ridge, and all notification and posting requirements have been Planning Division Staff Report Page 2 Case No. WZ-97-8/Luke 1. REQUEST The applicant requests approval of a rezoning of property at 3470 Wadsworth Boulevard from Residential-Two to Planned Commercial Development, for approval of an outline development plan and a final development plan and plat. A meeting for neighborhood input was held on April 1, 1997. Those persons attending included the following: The following issues were discussed: Planning Division Staff Report Case No. WZ-97-8/Luke Page 4 1. That 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, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Development plan future land use map designates that this property should be used for low density residential development. The proposed rezoning would be clearly inconsistent with this' designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question is surrounded on two sides, the south and the east, by low density residential development. Adjacent land use to the west is a church zoned RC -1 with vacant land zoned Planned Commercial Development to the northwest and an apartment complex with R-3 zoning to the southwest. Abutting the property to the north is vacant land zoned R-2 with a high density multi-family project further to the north. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There are no social or recreational benefits which would be derived from commercial development of ' this property. The developer's business is currently located in Wheat Ridge, therefore, no "new money" will be brought into the City. Further, since the type of sales will be primarily wholesale in nature, there will not be a lot of sales tax revenue generated, therefore, Staff concludes that there will not be resulting economic gain. There could be physical benefits derived based on the fact that an "eyesore" property will be developed and the noise and visual buffering the structure could provide for residents to the east. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. ,11� I • ­­+­ ­'t irmi nt I I Planning Division Staff Report Case No. WZ-97-8/Luke on 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Based on industry recognized standards, a typical residence generates 10-12 vehicle trips per day. The construction of four units on the property (two duplexes) would result in from 40 - 48 vehicle trips per day. There are historic drainage problems in the area, due to the elevation of Wadsworth in relation to properties to the east. A drainage report has been reviewed which has determined that there will be less storm water released from the property than historic flows. There will be a small reduction in the amount of light and air as the structure is only 24' in height. This is consistent with the height of a two- story house. 6. That the property cannot reasonably be developed under the existing zoning conditions. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There is commercial zoning in the vicinity (across the street) and further to the north and south which would mean that spot zoning is not a concern. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. 1. It is impossible for Staff to ascertain whether there is a void in the market for buildings with the specific Planning Division Staff Report Case No. WZ-97-8/Luke user in mind at this type of location. V. FINAL DEVELOPMENT PLAN Em A final development plan has been submitted which is consistent with the Outline Development Plan. Sole access is from West 35th Avenue with parking along Wadsworth Blvd, Vehicles exiting the property will not be allowed to turn right to travel east on West 35th Avenue. Staff recommends a mountable "porkchop" be installed to further restrict this type of turning movement. Building size is 7136 square feet (24.5% coverage) with landscaped coverage and parking/hard surfaced coverage at 36.3 % and 39.2%, respectively. The rear setback which abuts a single family residence is 20' wide with a landscaped buffer incorporating a mix of evergreens and deciduous trees and a six foot high solid fence. Planning Division Staff Report Case No. WZ-97-8/Luke VI. CONSOLIDATION PLAT Ma The property is currently comprised of two parcels which need to be consolidated as part of the submittal requirements for a final development plan and plat. With this plat, right-of-way dedications occur for both Wadsworth (20') and for West 34th Place (l.8" to. 1.93') to bring these street widths up to City standards. No right-of-way is needed for West 35th Avenue. All requirements of the Subdivision Regulations have been met with the exception of the following items which need to be added to the plat face: 1. Adjacent zoning 2. Existing lot lines 3. The new lot should labeled Lot 1 4. Signature blocks for U.S. West Communications, Public Service Company, Director of Planning and Development and the Public Works Director All agencies can provide service to the property with certain improvements. Wheat Ridge Water District will allow the applicant to tap into an existing water line in West 35th Avenue. Wheat Ridge Fire Protection District has indicated that fire access onto the site is approved. The building must sprinklered with a fire alarm installed. An additional hydrant will be required at at the entrance to the property. Colorado Department of Transportation will not allow access to Wadsworth. The construction of an accel/decel lane will be required. Public Works Department is in the process of reviewing a drainage study and street construction plans. These documents need to be approved prior to review by City Council. Planning Division Staff Report Case No. WZ-97-8/Luke I= from the traffic on Wadsworth. Further, the building has been designed to be residential in character with excessive arnounts of landscaping. For these reasons, a recommendation of Approval is given for the rezoning and outline development plan with the following conditions: In regard to the final development plan, a recommendation of Approval is given for the final development plan with the following conditions: In regard to the consolidation plat, a recommendation of Approval is given, with the following conditions: I. Add adjacent zoning, 2. Add existing lot lines, 3. The new lot be labeled Lot 1, 4. Signature blocks be added for U.S. West Communications, Public Service Company, Director of Planning and Development and the Public Works Director OPTION A. "I move that Case No. WZ-97-8, a request for approval of a rezoning from Residential-Two to Planned Commercial Development and for approval of an outline development plan on property located at 3470 Wadsworth Blvd, be APPROVED for the following reasons: I There are changed conditions in the area which have rendered the property undevelopable under the existing zoning. Planning Division Staff Report Case No. WZ-97-8/Luke 2. This is a commercial zoning which will have minimal impact on the adjacent residential, neighborhood due to use limitations and design parameters on the outline plan. 3. Staff recommends approval, With the following conditions: Option B: "I move that Case No. WZ-97-8, a request for approval of a rezoning from Residential- Two to Planned Commercial Development and for approval of an outline development plan on property located at 3470 Wadsworth Blvd, be DENIED for the following reasons: I. 2. 3." MOIRE Option A: "I move that the request for approval of a Planned Commercial Development final development plan for property located at 3470 Wadsworth Blvd. be APPROVED for the following reasons: I. All minimum commercial development standards have been met or exceeded. 2. The proposed building is residential in character. 3. Staff recommends approval. MM OPTION B: "I move that the request for approval of a Planned Commercial Development final Planning Division Staff Report Case No. WZ-97-8/Luke EM development plan for property located at 3470 Wadsworth Blvd. be DENIED for the following reasons: 1. 2. 3. CONSOLIPAT-10N PLAT Option A: "I move that the request for approval of a consolidation plat for property located at 3470 Wadsworth Blvd. be APPROVED for the following reasons: I A plat is part of the submittal requirements for a Planned Commercial Development final development plan approval process. 2. The plat is required to consolidate two parcels into one parcel. 3. All requirements of the Subdivision Regulations have been met. With the following conditions: I. Add adjacent zoning. 1 Add existing lot lines. 3. The new lot be labeled Lot 1. 4. Signature blocks be added for U.S. West Communications, Public Service Company, Director of Planning and Development and the Public Works Director." Option B: "I move that the request for approval of a consolidation plat for property located at 3470 Wadsworth Blvd. be DENIED for the following reasons: I. 2. 3. RR�Y�r�.--M PARCEULOT BOU (DESIGNATES OWN DENOTES MLTIPL Ms Meredith Reichart Staff planner for Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Co 90033 Re:Proposed Site Plan and Rezoning at Southeast corner of West 35th Ave and 'Wadsworth Blvd. Perry and m7self are sorry that we could not attend the discussion meeting last evening (we even tried to get This intenection (right hand turns from Wadsworth Blvd. onto West 34th- 'PlacE is a very dangereous situation. West 34th One exam of the owner of the double West of us at 74qO about her accident years ago. (this double is rented) Her name is Barbara Buecher, who now lives at P10 South Fiel(I St Lakewood, Co P0226. She was hit so hard at that intersection, as she was preparing • exit onto W 34th Place from a right 11and t!=n fron. Wadsworth Blvd, that she was knocked through the gu wires on a telephone Dole into this lot. She ended uD renting this double, and bought herself a new home • Field Street in Lakewood. We are still friends. RN picture right hand turns into this property off of Wadsworth would require a right hand turn-in - which will shorten down the lot or take awa7 from Wadsworth, which isnft wide enough now for traffic We have been told to input how Wadsworth can be widened from West 52nd to West 26th Avenue. Then what? April 2, 1997 Meredith Reckert City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, 00 80 21`3 Dear Ms. Recker t: On April 1, 1997 we attended an informal meeting regarding a zoning change for the southwest corner of West 35th Avenue and Wadsworth Blvd., the result being that we "eel very strongly in favor of the change being granted. property This • has become an eyesore. The City must realize that this property suitable for dwelling. The proposal of the type of business interested in this parcel could not be better suited to the area, generating little traffic and other environmental changes to the neighborhood. We believe that this rezoning request should be granted since we all know that these proposals # frequent opportunity BIF present itself again soon. Sincerely, j r? cc: Patrick W. Nook . • State Beauty Supply (LIMITED) A L Investments, Owner KNOW ALL BY THESE PRESENTS. that Lads hale J.' and Pasoual D. Aiello of the __Qt �d. c oun t v , o f Denver State of __C0l _0rad0 reposing special trust city of and confidence in d ke of the Wheat Ridge County I ��111111i! do make. constitute and appoint the said C_ I uke my true and lawful attorney to act for me and in my name. place and stead, and for my sole use and benefit. with full power and authority to do and perform each and every act necessary, as fully as I might do if personally present. to accomplish and complete th e followim actor transaction to wit. to appear on record and represent Owner in the rezone, Outline Development Plan, Final Development Plan and Plat of our real property (vacant land-approx. 38,000 square feet) SEC West 35th Avenue and Wadsworth Blvd. Wheat Ridge, Colorado. *This Power ot'Attorney shall not be affected by disability of the principal. *71H P0Vr1(A111V(1rM1 AYIPAWOV M( H NOV ftlTo/lAy /I ftA)(NW)Ay *This Power (if Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above EXECUTED this day o f June 1997 asqu D. Aiello, *i'n"cipal Masqua?e J. sto, Principal STATE OF Color;idn ss. County of penvpr The fiore instrument oas acknowledi!ed before me this day (if _june__ !9 21_ Pasquale J. LoSasso by'Pas ua1 D. Aiel o the Principal Witness my hand and official seal. Donald J. Saav4e My commission expires: November 26, 1998 re ,ak *Suikc accordirn: to 1'act, "I A6cn1 i Mwrnc, k No.34L.Rev.3-92. POwEROFAI Bradford Publishing, 1 Wazee Sr. Denver. C080202 —1303) 292-2500— 12-95 The City of GWheat ADMINISTRATIVE PROCESS APPLICATION 1 ,��r Department of Planning and Development 7500 West 29th Ave., Whew Ridge, CO 80033 Phone (303) 237-5944