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HomeMy WebLinkAbout08/06/1998Chair THOMPSON requested the following item be added under Old Business R1 31 M q KLEY to approve the agenda as amended. The motion carried 7-0, with Commissioner DUNN absent. The minutes of the July 2, 1998 Wheat Ridge Planning Commission were presented for approval. IN • Page 2, 6th line from bottom of page, should read "Applicant requested variance ..... rather than "Staff requested 2) Page 8, second paragraph: Mr. White's name should be capitalized. It was moved • Commissioner GOKEY and seconded • Commissioner SNOW to approve the minutes as amended. The motion carried 5-0 with Commissioners MACDOUGALL and SHOCKLEY abstaining, and Commissioner DUNN absent. Case No. MS-98-04: An application by John Cillessen for the purpose of subdividing Wheat Ridge Industrial Center into two lots to allow sale of one lot. The property is located at 12200 West 52nd Avenue. (Continued from July 2, 1998.) Planning Conunission ago 07/16/98 Chair THOMPSON requested that the handicapped spaces be relocated so as not to be in the detention pond. John Cillessen 13202 West 58th Avenue Mr. Cillessen was sworn by Chair THOMPSON. It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY that Case No. MS-984, a request for approval • a two -lot minor subdivision on property zoned Planned Industrial Development and located at 12200 West 52nd Avenue, be recommended • the City Council for APPROVAL for the following reasons: Planning Commission Page - 3 07/16/98 1. Zoning on the property is Planned Industrial Development, 2. A subdivision is required to allow for individual ownership of the existing buildings. 3. All requirements of the Subdivision Regulations have been met. Commissioner NOW offered the following amendment: Condition No. 4: Language of all cross easements be approved by the City Attorney and recorded with Jefferson County. 71 lII iI IIIIII I III III I ITI 11 g � 11 1 1 111 • B. Case No. 9p application by Marcie Emily for approval of a zone change from R-2 to R-C to allow office or retail business for property located at 6410 West 44th Avenue was presented by Sean McCartney, Mr. McCartney reviewed the staff report and presented slides and overheads of the subject property. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair THOMPSON. In conclusion, he stated that it was staff's recommendation that the application be approved. variance being granted. Mr. McCartney replied that ihe property would then become nonconforming, Marcie Emily 9080 West 32nd Avenue Ms. Emily was sworn by Chair THOMPSON. She stated her purpose for purchasing the property was to operate her real estate business. She felt that traffic impact would be minimal because only 25% of her clientele visit the office. Since she would not be able to utilize the entire space, she would probably sublet to an insurance business or similar kind of business. Planning Commission Page 4 07/16/98 In response to questions from Commissioner GOKEY, Ms. Emily replied that she purchased In response to a question from Cr ner GOKEY, Mr. Reck stated that landscaping for the property would take five to six weeks. Chair THOMPSON asked if there were others present who wished to address this issue. There was no response. 1 7 1 1 Planning Con unfission Page 5 07/16/98 not be compatible with the future land use plan in the area. Commissioner GOKEY commented that there are already five RC uses • the block. Chair THOMPSON expressed concern regarding RC uses that extend down a side street arfflc, asked staff to evaluate how far down commercial properties can encroach into a neighborhood. Commissioner GOKEY stated that he felt coni-ruercial would limit itself d to the fact that lack of access from a main thoroughfare is detrimental to a business. I Chair THOMPSON expressed her concern that if the property is sold, it could be combined with another property to accommodate a more intense use. Commissioner GOKEY agreed that if this lot were combined with the one behind it, there could possibly • a more intense retail use, It was moved by Commissioner SHOCKLEY and seconded • Commissioner BRINKMAN that Case No. WZ-98-12, a request for approval • rezoning from Residential-Two to Restricted Commercial for property located at 6410 West 44th Avenue, be approved for the following reasons: RIES • Planning Conunission Page 6 07/16/98 2. The existing two -car garage is to be used for required on -site parking spaces only, No additional leasing space will be permitted within the garage area. Co mmissioner GO KEY offered the following amendment:. Condition No. 3: All landscaping and irrigation features (to be consistent with the site plan document submitted to the Planning Commission) be t • ♦ at least sixty days after t + and that if this is not • b due to weather conditions t t t established until the work can be completed. This amendm was acceptable to Commissioners SHOCK.LEY and BRINKMAN. Co mmissioner COLLINS offered the following amendment. Condition No. 4: That the fence be extended to Lamar Street in accordance with City codes and regulations. Commissioner COLLINS stated that he would vote against the motion because he preferred. an RC -1 zoning for the protection of the neighborhood. The motion failed by a vote of -1 with Commissioner SHOCKLEY voting yes and Commissioner DUNN absent. Commissioner moved . and Commissioner BRINKMAN seconded that Case t t " - 12, a request for approval • r rezoning from Residential-Two to Restricted- Commercial or property located at 64 10 West 44th Avenue be DENIED for t t reasons: I The range of t t in the • t mmercial zone district could considerable -• t on adjacent residential neighborhood t the south. The motion carried by • of ! with Commissioner Commissioner SHOCKLEY r t applicant has endured hardship Planning Commission Page 7 07/1 6/98 the Commission members that if more restrictive zoning is desired along 44th Avenue, that such direction be given to staff. There was consensus of the Commission to declare a short recess to allow the applicant to consider possible R - zoning. (Chair THOMPSON declared a recess at 10:10.. The meeting was reconvened at 10:15 p.m.) Chair THOMPSON advised the applicant that she had the option of taking the case to City Council for appeal. y MITT # immission I VAUT1 L' zonitig, that she would be wng to apply for an RC- I zoning. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that the motion for tenial of the request for Case No. WZ-98-12 be reconsidered. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that Case No. WZ- 98-12, a request for approval of a rezoning and a request for approval of a variance, be continued to August 6, 1998; that the applicant be allowed to amend her application to change the request from Restricted-Commercial zoning to Restricted-Commercial-One zoning; that no additional fee be charged; and that the property be properly posted and published in accordance with City regulations. C. Case No. ZOA-98-05: An application by the City of Wheat Ridge for an amendment to 0 Section 26-5. Definitions for the definitions of - Net and Maximum Density within the Zom portion of the Code of Laws (continued from July 2). 1 This case was presented by Alan White. He recommended that the case be tabled for reasons outlined in the staff report. Commissioner SNOW stated that if someone should come to the City within the next tw* weeks to apply for a PRD, she would like to see the process for computing net density clearly outlined. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that staff draft an *rdinance to define net density to be included in all zone districts which specify a numerical ilensity. 1, IF F I �'i'I � I I I �ii 1 111 1 1 Planning Commission Page 8 07/16/98 9. OLD BUSINESS A. Saulsbury and Teller Development - Commissioner SNOW requested that staff investigate the storm drain situation in this area before the matter is heard by City Council. She stated that even though the nearest storm drain was reported to be at 26th and Pierce, she has recently learned that there is a storm drain at the intersection of the sub ect property. j Mr. White commented that this matter may be coming before the Plannin Commission again as a result of redesigning the property. I B. Sign Code - Commissioner SNOW requested staff to investigate the large banners and sips at Friendly Ford to see if they are in compliance with the sip code. C. Brewer Property - Commissioner SNOW requested an update on the situation of whether or not the back property was being used for sales. Mr. White stated that staff sent a letter to the owner explaining that if such activity were taking place, it would be a violation of City regulations. 1 1 111 111 1 111 11 1�11�11pjj 111 1�11�!: 11�11 1�11111111 11111 �111 Commissioner GOKEY asked for clarification regarding fire protection for Case N* There was no new business. Planning Commission Page 9 07/16/98 that the Montessori School is a public school and the City has only the right of review and comment on any plans for school construction. Commissioner CC) Y" expressed concern about the lack of City jurisdiction with the increase in charter schools which will result if the voucher system is ever instituted. Mr. White advised the Commission that a letter was sent to the school district advising them of the proper procedures to follow in notifying the City. 101tamu=-10 Mr. White advised that he will provide members of the Commission with copies of the letter from the school that outlines their funding, land ownership, etc. Chair THOMPSON suggested drafting a letter to State representatives expressing the City's concerns with problems associated with the changing school trends. how other municipalities are dealing with this matter. Mr. White stated that he would send a memorandum to the city manager in this regard and that he would also contact the American Planning Association. III gill 11 - Commissioner BRINKMAN suggested consideration of hiring an extra employee to cut iown noxious weeds in city rights-of-way. M 11111 10 nor MeMs #00I N Planning Commission Page 10 07/16/98 Chair THOMPSON commented that Commission members should contact the staff before the Planning Commission if they have any major changes to public hearing matters. It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY th the meeting be adjourned at 11:35 pm. The motion passed by a vote of 7-0 with Commissioners DUNN absent. i FaN ME • MMMM�� Planning Commission Page 11 07/16/98 CITY OF WHEAT RIDGE kw�il LOCATION OF REQUEST: 3195 195 Saulsbury Street NAME & ADDRESS OF APPLICANT(S): Alec Garbini CM2 Management 1 1547 Cole Blvd. Golden, CO APPROXIMATE AREA: 2.042 acres PRESENT ZONING: R-2 and R-3 I DATED LEGAL NOTICES SENT: July 14, 1 998 CITY OF WHEAT RIDGE LOCATION OF REQUEST: 3601 Wadsworth NAME &: ADDRESS OF APPLICANT(S): Chesrown Automotive Group, Inc. 7320 North Broadway Denver, CO 80221 NAME & ADDRESS OF OWNER(S); Same as above. APPROXIMATE AREA. 10.75 acres entire site, 1.71 acre parking tot PRESENT ZONING: ` 'Planned Commercial District (PCD) PRESENT LAND USE: Vacant, temporary employee /customer parking lot SURROUNDING ZONING: N: Residential Three and Restricted Commercial; E & S: Residential Three and Residential Two; W. Residential Three and PRIM. SURROUNDING LAND RISE: N: Multi- Family Residential and Automobile dealership; E: Commercial, Multi - Family and Vacant, S: Duplex and Multi- Family; W: Multi - Family. COMPREHENSIVE PLAN: Commercial Activity Center on the northern half and Medium to High Density Residential on the southern half. Draft Comprehensive Plan shows Community Commercial Service/Employment Center. DATE PUBLISHED: July 22, 1998 DATE POSTED: July 22, 1998 DATED LEGAL NOTICES SENT: July 22, 1998 (X) COMPREHENSIVE PLAN ORDINANCE (X) ZONING SUBDIVISION REGULATIONS (X) CASE FILE & PACKET MATERIALS SLIDES (X) EXHIBITS 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. 1. REQUEST Approval is requested for an amended Outline Development Plan for the entire site, and approval of a combined Preliminary and Final Development Plan for the employee/customer parking lot on the northeast comer of the property. , 11. CASE HISTORY 111, NEIGHBORHOOD MEETING A meeting for neighborhood input was held on May 26, 1998, The following persons were in attendance: Ralph Hanna 7801 W. 35th Walt Schreibman 7455 W. ' )5th Elvera Coogan 7801 W. 35th #304 Angeline Garramone 7801 W. '35th #311 Deanna Leino 3712 Allison Lorraine & Norman Marls 6986 Parfet Betty Winegar 7801 W. 35th #207 C.C. Wiggin 3720 Yukon Ct. Dick Culex P.O. Box 653 Paul Dunike 7863 W. 38th Nancy White Owner' )705-21 Yukon Planning Commission Page 2 WZ-98-13/Chesrown C.� The following concerns were expressed: IV. AGENCY REFERRALS The following agencies responded to the referral: Jefferson County Planning - No comments. Planning Commission Page 3 WZ-98-131 Chesrown Agencies sent referrals, but not responding: Wheat Ridge Sanitation District Public Service Company US West IT"111111011MIGN 0 0 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. 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. There is no change in zoning. The amendment to the PCD contains the same restrictions in uses, landscape buffers and access points as the original PCD Outline Development Plan. Prior to any Planning Commission Page 4 WZ-98-13/Chesrown . That adequate infrastructure /facilities are available to serve the type of wises allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure and service are in place to serve the parking; lot. eater, sewer, and storm sewer facilities will need to be provided at the landowners expense when the southern portion of the site is developed, 5. That the proposed rezoning; will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating; drainage problems, or seriously reducing light and air to adjacent properties. With the setbacks provided and the addition of • adjacent parking lot not . or safety, or create drainage problems. Further drainage details and a traffic study to assess impacts of development of the remainder M la. That the property cannot reasonably be developed under the existing zoning conditions. development The current Outline Development Plan allows for reasonable arose fashion. The need for the amendment • approved, where. the parking lot is proposed and where the TUP for the parking lot was amendment to the plan is required - to permit parking on this portion of the site. Planning Commission Page S WZ- - l 30Chesro n C -5 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearb areas. I Not applicable. 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. This is not possible to ascertain. It may be that future commercial development will fill a void in services of the nearby neighborhoods. The aniended Outline Development Plan and Preliminary/Final Development Plan are needed to allow parking on the site as currently exists. Providing parking at this location solves a problem create w en employees parked on Yukon Court due to the limited spaces on the dealership lot. The amended Outline Development Plan proposes the same use restrictions, landscape buffers, access points, building square footage, and maximum paved area as the original plan. One acre of wetlands has M een added to the site, as well as provisions for pedestrian connections. Planning Conim ission Page 6 WZ-98-13/Chesrown c -c� Staff is also concerned about the possible future uses on the property, The Outline Development Plan contains a Section on Allowable Uses, The language should be amended to reflect the date of the current Code, as amended, in referencing the uses allowed in the Commercial-One district. This will eliminate confusion in the future by referring to a 24 year old code. The following uses should considered for addition to the list of uses not allowed: I . Auto service and repair and maintenance shops 2. Public and private schools 3. Automobile and light duty truck sales and rentals There may be other uses the Commission may want to consider, Note #4 under General Notes is a concern. This note would allow the southern portion of the property to be used for additional parking for the dealership, VIL RECOMMENDED MOTIONS Outline QeVC1QVn1g1!!_Plan: Option A: "I move that Case No. WZ-98- B, a request for approval of an amended Outline Development Plan be APPROVED for the following reasons: I The amended Plan is consistent with Draft Comprehensive Plan 2. The amended Plan resolves a parking problem on Yukon Court. 3. The development standards meet or exceed those of the Commercial-One zone district. 4. The anticipated impacts from the amended Plan are no greater than with the currently approved plan. With the following conditions: A. Auto service and repair and maintenance shops B. Public and private schools C. Automobile and light duty truck sales and rentals Planning Commission Page 7 WZ-98-13/Chesrown C-1 Option B: "I move that Case No. WZ- 98- 13, be DENIED for the following reasons: L, Preliminary[Figal Development Plan: Option A: "I move that Case No. WZ-98-13, a request for approval of a combined Preliminary and Final Development Plan, for the I .74 -acre site located at 3601 Wadsworth be APPROVED for the following With the following condition: 1. Twenty-one shrubs will be added to the landscape plan to meet Code requirements." Option B: "I move that Case No., be APPROVED for the following reasons: 1. C�' Plannincy Cominission Page 8 WZ-98-13/Chesrown C-G m c -� VICINITY MAP A tract of land located in the Vv f the 4 t r% of he Nefis of Section 24', Tc,,oship I South. ponq* 41 West of th it 6 t h P M., he t 09 <i ,r . particularly dear r, Led as follo-st C.A;AEIE4 Of okk"41 :fi(L ct to Ult-s .�I comotrN at the worth Quarter tor— of ..,it Section. let$ �t•flctwwst 18 l.xfeeto to 0 I ,,Its —tv, then IN 4, 2` )4 1. )4 .10h9 fac north -so'Xh of ..14 Sortio tri. ",00 snail -f etsi4eftf - s l I-, A J, d st. ti" S 0 c Of 52 o . ... � t -of -Way tect" 'T tIvAttf, of let awes}, I. It":vro—I '-d , it .I. • 4i*t*AC* Of 45�00 feet to the Westerly r 0, 1 ou # torsos 5#9 9 so INC: vlfsq.4 to 0,0"de -4—wo ton., I in* of Wads wn,-Tri worth Boulevard which is the TPt POINT Or BECt 41 for Ise I,,, f !,e sit# #sit the 'fifof'i.q ..so I0 officlt �dt' Arder. f"It.tj }nazi f C s ...4 t-04 so thence tiontiouing along Slid described course, a distance of 615�00 t !so$# I. waWs- . .4t for " ft" ,, -1 0>0"M100 fl#llits (tat "st"lly t"'ck. *co-tIrl block, t.lwol snds ..'I th.oc. S00*02 Parallel to the E.:t�ltn* of tot- Net, of the wwk of tell tf }loped r, i0or-flot. said S retire 402.11 tr t. thenc 479 1 r 2,11 *It. MF'i0 C the nc * Sol . "I ISIZ a 41 at *mc* of IS,00 feet to the Northeast corner aOIAAI PuUK of a t Of land 4 sc to hed in axA 2:°_6 K rapt ew " roe so of the zetterson couoty l-'ll to e t,fif 0-t' let - W, a S par a I t.lt $11# t'.1f, 1*1 th to in . 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P4 «i on9 of let D'o"ct h ilt 1t 'x e lite ' I. i£lei tith tht #sit I'll"<# of at the rise of fee P30. 4 flft; thence 146 So W 4 t"Ir t If M*? f L10:2V� ( )t *4.# 41 It into if 11, )I '--I, to I., I— ­ Ab1 f (A 0 N(RAL 41410101s ost.i,isq ?rI %-'.- mr.-owe 1I.VIC-0 (or"'" • lot 0:0awo - to Co.(*— to felt O.fkllq 1 4f 1, hAr?A•5 4t4i :f !Calf C of "it 4160 ' 141"usia's 14-4w40ed so*. seats !0 to t:#, ° .At I', s j-%�v t M.—".1 "A l' zeor 4, 1.00.1 sltblows - to be *04,tisfIl It %.I ti of t-e p C. ", #.(tirt for V*Kifif "K=+'0 Oslo lose, Art% shalt m at t-c-4 lio' C sthes" to rents— to fee %4 loot at j., (•t, of ."it 4-:, 4 t CIPTED too ttai tc 14 1.( oFfIct of ill (Ovitly fm n a. so tapo(l is ill '—Tf OF offtwo, slat( Cs (OLAAAM, Ieils"(Av Of 4 d(f Plttst sp. $'.52�!"alt� floc 4�����k Alltst'm C";v (List A4 NUO000 E 468,000 S.F. 100 'b Nofth Scale 1'=50' p// F /^ 00M ((3031IW2435 VICINITY MAP t E ,,jam t Planning ai _` Development Department 7500 West 29th \venue. Wheat Ridge, CO 80033 Kme(30235-2846 Applicant Chesrown Automotive Address 7320 North Broaclwa Phone3 Group, Inc. City —De—ze—cr-1-1- Owner Chesrown AutoMolive Address. 7320 Nor tb_ar_Qadwiy__ Phone 3 0 3 650-3401 Group, Inc. City — Denver, GO 80221 Type of action requested (check one or more of t to actions listed below which pertain to your request.) Change of zone or zone conditions E] Variance / Waiver Site development plan approval E] Nonconforming use change D Special Use Permit EJ Flood plain special exception Conditional Use Permit E] interpretation of Code Temporary Use, Buildings, Signs Lot line Adjustment Minor Subdivision (5 lots or less) Planned Building Group E] Subdivision (More than 5 lots) Street Vacation ] Preliminary [] Final Other: QUE. PUP. EQE! Detailed description of the request Concurrent Plan; Preliminary Development Plan on 11.2 AC site and Final Development Plan on 1.5+ AC. Parking lot within 11.2 AC site Fill out the following information to the best of } :-ur knowledge. Current Zoning: Planned Development District (c-1) Size of Lot (acres or square footage}: 11.2 AC Current use: Vacant 11.2 AC. Parki Proposed use: PI@nned,,.J2ev!glQpment I)L-axict Assessors Parcel Number: 39-262-0Q-Q13_.,_ I certif that the information and exhibits herewi 11 submitted are true and correct to the best of my knowledge and that in filing this application, I am acting w th the knowledge and consent of those persons listed above, without whose consent the requested action . t lawfully be accomplished, Applicants other than owners must submit power-of fro t w er F vh' h approved of this action on his behalf. Signature of Applica =1 Z �S --)scribed and sworn me Lhi 7 day of'dAa�L, 9 e l� d and sworn me 'S7 a y c L ubr N ubi N P t 0 r P o n My com mission expires My C OM ommissmiss bate received Case No. Related Case No. Zoning Quarter Section Map &2olge LAND USE CASE �IROCESSING APPLICATION C- 15