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HomeMy WebLinkAbout05/17/2001CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 3, 2001 CALL THE MEETING TO ORI)VER called The meeting was to order 1• Municipal Council Chambers of the • 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission. Members Present: Commission Members Absent: Staff Members Present: 4. APPROVE ORDER AGENDA It was moved by Commissioner seconded by Commissioner the agenda be approved I with Commissioner MILLER 5. APPROVE moved It was by o i ! and seconded by Commissioner COOPER to approve the minutes of April 5,2001 as presented. The motion a 6-0 with Commissioner # abstaining t • Planning Commission Page I May 3, 2001 6. PUBLIC FORUM There was no one to appear before the Commissil A. Case No. WS-00-01: (continued indefinitely from November 2, 2000) — An application submitted by Applewood Building Company, Inc. for approval of a ten-lot major subdivision (preliminary and final subdivision plat) for property zoned Residential-One and located at 9737 West 32" Avenue with a variance to Section 4-B of the Subdivision Regulations pertaining to the maximum length of a cul-de-sac. I Prior to the presentation, Commissioner SNOW called for a point of order. Because this case was not to come before the Planning Commission until the application was complete, she asked if the six required items were now complete. Meredith Reckert replied that there were revisions on the drainage report that had not yet been reviewed by the staff. lWiZe explai — a e Moper st Iff - I I staff had not yet had time to review them. There were items on the construction plans that the staff had not reviewed. In response to a question from Commissioner COLLINS, Alan White stated his opinion that the Commission could hear the case and determine what level of information is not available. It was his understanding that the corrections were somewhat minor in nature. Commissioner COLLINS requested that the Commission make a motion regarding whether or not to proceed with the hearing. It was moved by Commissioner Gokey that Case No. WS-00-01 be heard in its entirety. The motion failed for lack of a second. It was moved by Commissioner SNOW and seconded by Commissioner COOPER that hearing of the preliminary and final subdivision plats be continued until the Planning Commission meeting of May 17, 2001. The motion passed 6-1 with Commissioner GO KEY voting no and Commissioner MILLER absent. Ms. Reckert reviewed the portion of the staff report which pertained to the variance request presented slides and overheads of the application. She reviewed th, e criteria used in the evaluation of variance requests, All pertinent documents were entered into the record and accepted by Chair McNamee. I Planning Commission Page 2 May 3, 2001 addressed Ms. Reckert requested direction regarding two letters received by staff that directed drainage portion of the application. Chair McNAMEE staff to present these letters at the time the preliminary and final subdivision ♦ by stated In response to a question from Commissioner COLLINS, Ms. Reckert that the fire department • no concerns with the length of the proposed • • s on one proposed f •- Chair McNAMEE asked if there were others present who wished to address this matter. Hearing no response, declared the public hearing to be • Planning Commission Page 3 May 3, 2001 It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that the request for approval of a 122.91-foot cul-de-sac length variance on Residential-One zoned property located at 9737 West 32 "d Avenue be recommended for APPROVAL for the following reasons: 0 The motion passed 7-0 with Commissioner MILLER absent. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. again= 12. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to adjourn the meeting at 8:12 p.m. The motion passed unanimously. MARIAN McNAMEE, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 4 May 3, 2001 City of Wheat Ridge MIMI F-I I EWA= The foilowing is an update regarding major outstanding issuem I Planning Commission Memo Page I May 9, 2001 conveyance swales. The Rocky Mountain Water Company has submitted a letter (Exhibit 'C') acknowledging the required ditch boring and the potential for overflow into the ditch for storms exceeding the 100- year. The license agreement between the applicant and the Rocky Mountain Water Company has been reviewed and needs minor modification. The license agreement will be assigned to the city once the work involving the ditch easement is completed. NO"M I " I I I RIM to] I I H a #142 t%M # • Planning Conunission Memo Page 2 May 9, 2001 the drainage conveyance swales. Staff will require the covenants to be revised to note that the building pads shown on the approved drainage report and grading plan must be adhered to even if this is a smaller area than would be allowed by the • I zone district setbacks. These should be shown as building envelopes on the final plat. OTHER The Department of Public Works has received written approval from Public Service Company regarding the street lighting plan. Option C: "I move that the request for approval of a ten-lot preliminary subdivision plat for Residential-One zoned property located at 9737 West 32 Avenue be DENIED for the followi reasons: I Planning Commission Memo Page 3 May 9, 2001 Option A: "I move that the request for approval of a ten-lot final subdivision plat for Residential- One zoned property located at 9737 West 32' Avenue be recommended for APPROVAL for the following reasons: 1. All minimum requirements of the R- I zone district standards have been met. 2. 3. Option B: "I move that the request for approval of a ten-lot final subdivision plat for Residential- One zoned property located at 9737 West 32" Avenue be recommended for APPROVAL for the following reasons: I . All minimum requirements of the R -1 zone district standards have been met. 2. 3. Planning Commission Memo Page 4 May 9, 2001 ifu # Planning Commission Memo Page 5 May 9, 2001 r a. 7q r. a� May 11, 2001 Mr. Dennis Beamis, P.E. Ascent Engineering Services 12191 Ralston Road, Suite 200 Arvada, Colorado 80004 Dear Mr. Beamis, X31 this section for cut or fill slopes steeper than 1 unit 3' units horizontal (33.3* slope). 3. The required side slopes will be verified at the time off application - for individual" building permits. Subdivision Plat 1. All comments have been addressed. 2. The City is in receipt of the storm sewer easement for the parcel between the Rocky Mountain Ditch and W. 34 Drive. This document under review and have the following comments: Any questions related to these issues can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2864. Subdivision Improvement Agreement Upon City Council approval of the Final Plat, a Subdivision Improvement Agreement will need to be executed by the project owner/developer. For the developer/owner's information and review, a sampie copy of this agreement is provided. Application for Minor Dumping/Landfill Permit Please return all red-lined prints with the next submittal. If you have any questions, please contact me at 303-235-2868 Development 973 7w32nd iew6, I tr Mai 03 01 09:28a David Schneider Way-03-2001 08:17 From-COORS 303-237-3555 em-4 1 817 - T-011 P.00IIVVp 1-11 The Rooky Mountain WatOr COMPOnY mmmm ' OLI. all istj w C#T* ITiountain-37to aeUV �—' — Y the Rocky Mountain Ditch. 11�1111 IP Sincerely, Neil I Generkaggerr n RE FE m EM i i1 To Residents of West 34 Drive & West 35 Avenue: Attached is a copy • the letter to the developer of the 3.9-acre property at 97' )7 W. 32' Avenue. The letter indicates questions and concerns raised during the Monday March 5, 2001, meeting at Ron and Pat Roush's (9845 W. 34 Drive) as well as comments received to date. Concerned Hillhaven Residents West 34' Drive & West 35 Avenue Wheat Ridge, CO 80033 March 13, 2001 Dave Schneider Applewood Buildi , C�om �k I 3331 Oak Street Wheat Ridge, CO 80033 cc: /o attachment hotos Wheat Ridge Planning Commission Reference: Case #WS-00-01, Applewood Building Company Inc., 9737 West 32"' Avenue The developer is currently proposing a detention pond, to collect, store and distribute runoff at a controlled rate to an existing formal storm sewer within Kipling street. The water will be carried via a new underground storm drain line Page 1 of 4 lihi IMU M FAX NO. P, 03306 wm� MAY -0 -III T U 12:24 FM FAX CCU. P. 04/ it stands to reason that the associated underground flow pattern stands a goad chance of changing as well. Pa 3 or 4 flHI IHU 1?;?4 PM Page 4 of 4 MAY-W-ill fHU 12 t ell thA Nu. 0 r��v =9 KZ mill - 7i Mfr ff 0 r��v =9 KZ mill CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: May 17,2001 DATE PREPARED: May 8, 2001 CASE NO. & NAME: WZ-00-13 CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of an Amendment to the Final Development Plan to allow an additional freestanding sign with a 23' setback variance. LOCATION OF REQUEST: 9500 West 49 Avenue NAME & ADDRESS OF APPLICANT(S): First Industrial L.P. 5350 S. Roslyn Street, Suite 240 Englewood, CO 80111 NAME & ADDRESS OF OWNER(S): Same as Above APPROXIMATE AREA: 303,619 square feet (approximately 6.97 Ac.) PRESENT ZONING: PID, Planned Industrial Development PRESENT LAND USE: Office / Warehouse SURROUNDING ZONING: N: R-C, Restricted Commercial, S: A-1, Agriculture-One A: C-1, Commercial-One, E: PRD, Planned Residential Development, and R-3, Residential-Three SURROUNDING LAND USE: N. Commercial, W: Commercial, 5: Interstate 70 and E: Multi Family Residential COMPREHENSIVE PLAN: BP - Planned Business/ Industrial Parks _DATY_k'UrBLIST1ED_. April 27, 2001 DATE POSTED: May 3, 20 1E JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. II. CASE ANALYSIS The property in question is approximately 303,619 square feet in area, and is zoned Planned Industrial Development. The lease space for Parcel B is approximately 48,897 square feet, and is located in the southeast comer • the Development. The building square footage is approximately 16,402 square feet (Exhibit 4, Vicinity Map), The meeting for neighborhood input was held on October 12, 2000 in the Municipal Building located at 7500 West 29'h Avenue. People in attendance were: Planning Commission Pa 2 WZ-00- I 3/First Industrial Tim Rogers - representative from First Industrial Alan White - Director of Planning and Development for the City No interested parties attended this meeting. All outside service agencies that currently serve the property will continue to serve the property. The City's Traffic Engineer has reviewed the proposal and had one comment concerning the I maintenance of the sight distance triangle. Staff has reviewed the sight distance triangle criteria, and found that the requirements will all be met. Staff has the following comments regarding the criteria used to evaluate a variance: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? 2. If the variance were granted, would it alter the essential character of the locality? The potential variance will not alter the essential character of the locality. The property is north of 1-70, and this type of freeway oriented sign is very common. The design of the sign is compatible with the character of the PID, and does not detract from the surrounding area. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot is situated behind the sound barrier on the north side of 1-70, The lot is also considerably lower than the other properties in the PID. The obstructed view coupled with the lower base elevation create a situation of decreased visibility, Moving the sign towards the Planning Commission Page 3 WZ-00-13/First Industrial interstate (to the south) will increase the visibility of the sign. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The hardship has not been created by anyone having interest in the property. The hardship is a combination of the location and height of the sound wall, as well as the lowered elevation of the property. 6. If criteria a through e are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from individual benefit on the part of the applicant, or would granting of the variance resul in a reasonable accommodation of a person with disabilities? I Section 26-112 of the Code of Laws dictates that any change to a preliminary or final planned development should follow the rezoning criteria, Most of the rezoning criteria do not apply to this amendment, however, a few of the items should be discussed: 1. The proposed change of zone (or change to a planned development) is compatible wi4l Planning Commission Page 4 WZ-00- I 3/First Industrial the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. This amendment to the PID is compatible with the surrounding area. Since this property has visibility from: the highway, many other developments have 50' tall signs oriented towards the freeway. 2. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. As stated above, there is a potential for economic benefit to the corrununity in the form of increased job opportunity and a possible increase in sales tax revenue. ance would Staff concludes that due to the decreased visibility from the highway, granting the vari provide a major retailer much needed exposure. The fon tenant, Bolle, was approved for a sign i, the same location. The Planned Develolment is allowed a total siW - --a,� of Therefore, staff recommends APPROVAL of Case No. WZ-00- 13. V11. AECOMMENDED MOTIONS "I move that Case No WZ-00- 13, a request for approval of an amendment to the Final Development Plan with a setback variance to allow an additional freestanding sign, for property located at 9500 West 491h Avenue, be APPROVED for the following reasons: MW I . The total square footage for the proposed sign shall not exceed 189 square feet," Planning Commission Page 5 WZ-00- 1 3/First Industrial LAND U`ZE CASE PROCESSING APPLICATION fill 4ar ent W 4 0 S OW , h A Ridge 0 800 heat , 37 Phone t3O3) 235-2846 please print or ty ke pe all mformation, A Applicant-Zzrst Industrial L.P. Address 535Q S. Rcasl n St. Ste. X40 Phone 303-220-5565 Ci Englewood, CO 80111 Owner---- Same--- - 'ddres Same. Phone Location of City — uest (addres 9500 W. 49th Avenue, Wheat Rid I vpe of action requested (check one or more of the actions listed below which pertain to your request' Chanue of zone or zone conditions Site development plan approval Special Use Permit Conditional Use Permit Temporary Use, Buildings, Signs Minor Subdivision (5 lots or less) Subdivision (More than 5 lots) 7 7 Preliminary I Final r)etailed description of the req setback variance. Subscribed and sworn to me thl's-'—' offl-dik e Z otary Public t by ntaf i. My commission expires Date received --*YQmmtsio_��. .,,�ceipt No. Related Case No, Zonina -- Quarter Section Nlap _ a M AMENDMENT #1 FOR A FREESTANDING SIGN WITH A SETBACK VARIANC4; PACIFICA DEVELOPMENT PROPERTIES 11, LLC PLANNED INDUSTRIAL DEVELOPMENT FINAL DEVELOPMENT PLAIJ We are requesting this amendment to allow an additional freestanding sign to the original development plan with a setback variance. The size and height • the proposed freestanding sign would be in compliance with the current zoning regulations for freestanding signs in non-residential districts for businesses located within one-quarter (1/4) mile of 1-70. The sign code states two (2) freestanding signs per development (one per street front) are permitted with one (1) sign up to 50' high. Based on the square footage of the buildings, the sign code would permit an additional 230 square foot sign. Our request for a setback of 7' rather than the required 30' setback is necessary due to the 10' barrier fence along 1-70 which impacts the visibility for westbound traffic, A 30' setback would place the sign in the middle of the parking lot, (E) TREE TO R" , t EXH 3 r LLI Lil LJ U E F r I TE . t 1 e E i ce # TIN S # _ , y,,., X t 3 `dr- Z= a.. a..w„Z ,„.._ rt F �S wty t f„ � ?` ( � ���{ t '•; �h7'"F�w;{y `=`°. `- �..�- �....�- :: ""._...- .. -.... .�....,..__._..�� '`�'. r��"�" � q�b• t . .C o C f NORTH .»__ - ...;.„�� �" ""°^ -_ •• °°"`^-�,..,...�`� ��—{w: -mss p i e { � r { �i 'a., � 7 ^� j r w. ^.--„✓ t � t a > ":ate,„.^. k:.= � { a��wfE vtviE�fT � 1 l T E L A F RP a`t,?h1Q3hiia $iGSt 18 HEIG 9 ,'s�uA FEET Pc -ACE ------- -- - Q Q ARVADA X Z5i X. R, , 7 705 - 1 PENICIENI NZ -46 lie Lo, SEI�CND ;�UI* sct kZ-47-3 ---------- 4APK r�UN& ARK //R=FLe,7 CP - - -- - -- SS LOT PAR<j DENNf' NDEPENDLENCE ADD17'111 'N � --S N -[ x �CiFCA 1-70 F�RONTAC-E RC,"CRTH I V7 ARE*" I RE E �aUHIRIN(5 SiTE PL/tN APPROVAL ZONF DfSTPZ�CT 5OUNDRr PARCEI/LOT BCUNDFZ'Y DE51(3N, OWNERSHIP) C-1 T ly Ll MI T L �-IATE FEA 7URE DENCT MUL71PLE ADDR,=-SSES �' OF F * AW CeVF-o �, - 255-2852 �C7Pi S HIBA S a FAX MISTING 12* X 12' SUPPORTS I DOUBLE FACED OISPLAY(T.12 IUJJMINATION) SCALE: 3116* = V-• TO: Planning Commission FROM: Alan White, Planning and Development Director 60 SUBJECT: Conservation done :District DATE. May 8, 20 01 Because the City has not adapted regulations pertaining to noxious weeds, no reference to noxious weeds is contained in the weed exception section.. C aPvlyFiles \WPFiles\Projects\zatxiatg arnendrnents\cons disohpd 61212M�# MI WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision • the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution • the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose • promoting the health, safety, morals • general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations CNB\53027137336&02 -1- CNB\53027\373358.02 d. Riparian habitat e. Underground utility lines Perimeter fencing 2. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District. Section 2. Section 26-201 of the Wheat Ridge Code • Laws is amended • the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Section 4. Severa• ility; Conflipt:ing_Ordinances_Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. CNB053027\373368.02 -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to , this day of ,2001. SIGNED by the Mayor on this day of 2001. First Publication: Second Publication: Wheat Ridge Transcript Effective Date: CNB1530271373368.02 -4-