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
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Planning Commission Memo Page 5
May 9, 2001
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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
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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
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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:
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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
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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 _
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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,
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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..
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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-