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HomeMy WebLinkAbout09/03/1998AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION September 3, 1998 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on September 3, 1998, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - August 20, 1998 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUJBI,IC HEARING Denied A. Case No. W7-98-13: An application by The Chesrown Automotive Group for approval of a Planned Commercial Development amended Outline Development Plan and a Planned Commercial Development combined Preliminary and Final Development Plan. Said property is zoned PCD and located at 3601 Wadsworth Boulevard. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS It. DISCUSSION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT to September 10, 1998 at 7:00 p.m. in the Council Chambers C':",Bzirbara'41("Ril'I'S\Ill-AN(iC'0\4\1)(,,'A(.,iENDA\980903.wpd Minutes of Meeting August 20, 1998 1, CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on August 20,1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Absent: Jim Dunn (Excused) Dean Gokey (Excused) Staff Members Present: Alan White, Planning Director Scan McCartney, Planner Martin Orner, Economic Development Specialist Ann Lazzeri, Minutes Specialist 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning, Commission minutes for the public hearing of August 20, 1998, A set 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. APPROVAL OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the agenda be approved as amended. Planning Commission Page 1 08/20/98 The motion passed by a vote of 7-0, with Commissioners DUNK, GOKEY and SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner BRINKMAN moved and Commissioner MacDOUGALL moved to approve the minutes as presented. The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change from R- 2 to RC- I to allow professional office or service uses. Said property is located at 6410 West 44th Avenue. (Previously heard as Case No. WZ-98-12.) This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. He entered copies of the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by chair THOMPSON. He reviewed the history of the case, stating that this case was previously heard as Case No. 'AIZ-98-12 and, at that time, the applicant was requesting rezoning from R-2 to R-C. After the public hearing, the Commission decided that RC zoning was not restrictive enough and requested the case be brought back to the Commission with a request for RC- I zoning. He stated that a neighborhood meeting was held on August 5, 1998. Mr. McCartney requested for the record that two additional criteria be included at this time since they were not listed in the staff report. These criteria are as follow: 1. The existing zone classification currently recorded on the official zoning neaps of t!P the City of Wheat Ridge is in error. In this case, the official zoning maps are correct and the property is zoned R-2 and is surrounded by C- 1, RC- I and RC properties, Therefore, this request is not to correct zoning maps. Planning Commission Pap 2 08/20/98 2. A chance in the character in the area has occurred due to the installation of public L*f facilities, other zone changes, new growth trends, deterioration or development transitions. Property in question is located on the southwest corner of West 44th Avenue and Lamar Mr. McCartney concluded his presentation by stating that it was staff's recommendation that the application be approved with conditions as contained in the staff report. (Commissioner SHOCKLEY arrived at 8:00 p.m,) Mr. White reviewed the uses allowed under the RC -1 zone district. Marcie Emily 9080 West 32nd Avenue Ms. Emily, the applicant, was sworn in by Chair THOMPSON. Ms. Emily stated that she had nothing to add to Mr. McCartney's presentation. Commissioner SNOW asked the applicant if it were her intent to expand the use of the property to retail use now or in the future. Ms. Emily replied that she was thinking about adding an z' insurance business or similar business that would not generate a lot of traffic since the site does not contain much parking. Richard Hall 4375 Lamar Street Mr. Hall was sworn in by Chair THOMPSON. He stated that he was in favor of the application which would allow improvements to the property thereby enhancing surrounding property values, and would be compatible with the rest of the businesses on 44th Avenue. Plannim. Commission Page 3 08/20/98 Commissioner SNOW asked if Mr. White could envision this property being used for retail. Mr. White replied that he could possibly see something like an antique store, but certainly nothing like a convenience store. Chair THOMPSON asked if there were other individuals present who wished to address this issue. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that Case No. WZ-98-14, a request for approval of a rezoning from Residential-Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, be recommended to the City Council for APPROVAL for the following reasons: With the following conditions: The motion carried by a vote • 5-0 with Commissioner SHOCKLEY abstaining and Commissioners DUNN and GOKEY absent. Commissioner SNOW asked if the applicant was charged for the new application. Mr. White informed the Commission that Ms. Emily was not charged for this application. B. Case No. WZ-98-15: An application by Bolle, Inc., for approval of an amendment to Pacifica Development Properties 11, LLC, PID Final Development Plan with a setback variance to allow Plannim Commission Page 4 08/20/98 an additional freeway- oriented, freestanding; sign with a 7-foot setback, Afire property is zoned PID and located at 9500 West 49th Avenue. This case was presented by Martin Omer, lie reviewed the staff report and presented slides and overheads of the subject property. He entered the comprehensive plan, zoning ordinance, case file, packet materials, slides and exhibits into the record which were accepted by Chair THOMPSON. Mr. Omer stated that the staff report indicated that the square footage of the sign face is 150 square feet when, in fact, the actual size is 1 -7 square feet. He also referred to a letter of concern from the City of Arvada (contained in the staff report), and informed the Commission that after the letter was received, the City of Arvada verbally requested that their letter be withdrawn. In conclusion, he stated that it was staff's recommendation for the application to be approved with conditions as outlined in the staff report, Commissioner SNOW expressed concern about the 45-foot height of the proposed sign and asked if there would be a retail business associated with Bolle's facility as the sign code prohibits signs over 25 feet unless retail is involved. Mr. Omer replied that the applicant would In address this issue. Commissioner COLLINS asked about the maximum sign criteria for the Pacifica development. Mr. White replied that there is a maximum of 400 square feet for the entire development. The proposed sign would leave 75 square feet for any additional businesses in the development 1, should Bolle's request be approved. Commissioner BRINKMAN asked what would happen to the existing light pole which provides light for the entryway should the application be approved, Mr. Omer replied that the applicant would address that question. Chair TFIOMPSON expressed concern about visual impacts which would be placed upon the adjacent apartment units. She was concerned that the sign would shine directly into the windows of those apartments. Mr. Orner stated that notices were sent to the owner of the apartments and there was no response. He noted that no negative response had been received in response to any notices sent out regarding this application. Planning Commission Page 5 1 1 08/20/98 Mr. White also pointed out that, if this were not a PID, the zoning code would allow a 50-foot tall sign and, therefore, did not believe there would be a concerti with setting a precedent. Commissioner MacDOUGALL asked if all the buildings in the development were Occupied. Mr. Omer replied that the applicant plans to address this question. Mr. Omer stated for the record that he believes Bolle is an exceptional new arrival to the City of Wheat Ridge in that it is a well recognized international company, and the suggested condition that provides the sign to be removed should Bolle vacate the development, provides some protection to the city. Commissioner BRINKMAN asked if they planned to maintain the landscaping around the sign. Mr. Reed replied that their company represents a premier product and they have no intention of letting the property look unmaintained. BRINKMAN asked about the existing light pole. Mr. Reed showed the drawing of the proposed sign to the Commission pointing out that the light will be mounted oil one of the poles of the new sign. Chair THOMPSON asked if the sign could be less than 45 feet in height. Mr. Reed stated that this is the minimum height needed to gain visibility from west-bound 1-70. Commissioner BRINKMAN asked that, if the sign is approved, were there plans to have the Bolle name on the existing monument sign on the west end of the development. Mr. Reed replied that they did not plan to place their name on the sign. He also advised that the colors for the sign have been finally determined to be black and white. Commissioner SHOCKLEY asked if they planned to add any additional signs such as "retail facility on location" to the proposed sign. Mr. Reed replied that there would be no additions to W the sign as proposed. ,Jim Liley 2930 West Ninth Avenue, Denver , , vlr. Liley was sworn in by Chair THOMPSON. He stated that he has been with the Gordon He also noted that notices of the sign application were sent to 156 property owners in the area and lie only received one call from a person who did not object to the sign. He also noted that the sign would not be visible to residents to the north. Commissioner SNOW expressed concern about the height of the sign. Luanne Williams 7305 Grandview, Arvada Ms. Williams was sworn in by Chair THOMPSON. She stated that she represented the Northwest Metro Chamber of Commerce and expressed support of the application. She stated that Bolle was also considering locating in the Coors Technology Center in Jefferson county, but chose the Pacifica location specifically because of the 1-70 frontage. Mr. White advised the Commission that a separate motion would be required for the variance and would require a super-majority vote. Planning Commission Page 7 08/20/98 Commissioner SNOW commented that she would like to ensure the retail space lease is signed before the sign could be erected. Z:� The applicant appeared before the Commission. Ken Darcy 9500 West 49th Avenue Mr. Darcy was sworn in by Chair THOMPSON. He stated that he was vice president and general manager of Buller Chair THOMPSON asked Mr. Darcy to address Commissioner SNOW's comment. Mr. Darcy • Ime ferr unless the company receives approval for the sign. He expressed concern about entering the company into $600,000 debt without the signage necessary to operate from that building. Mr. Reed and Mr. Darcy also pointed out to the Commission that Bolle is a service business and that the 45-foot sign Would therefore meet Code requirements for a service or retail oriented business. Commissioner SNOW offered the following amendment: That the requirements of Section 26- 410 E(l) be satisfied prior erection of the sign. The amendment was acceptable to Commissioner BRINKMAN and Commissioner SHOCKLEY. is III an anti-araffiti sealant. Should the applicant for this case, being Bolle Sunglasses, vacate their administrative offices and future retail operation occurring on this site, the subject sign and associated poles or supports will be completely removed from the premises and that the existing light be restored. Commissioner SNOW commented that she does not agree that the sign should have to be removed upon Bolle's vacation of the property, because any business moving into that space would also need a visible sign. Chair THOMPSON expressed concern that all tenants are treated equally. Following further discussion, Commissioner BRINKMAN amended condition no. 3 ) to read as I follows: "Should the applicant for this case, being Bolle Sunglasses, vacate their administrative offices and future retail operation occurring on this site, the sign would remain and be available to future tenants with the same restrictions to other future users." The motion passed by a vote of 6-0, with Commissioners D and GOKEY absent. (Chair THOMPSON declared a recess at 9.35 p,m, The meeting was reconvened at 9:45 p,m.) Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Mr. White stated that he discussed the school site selection and construction issue with planning directors of the County who were quite familiar with the problems and shared the same frustrations as the City of Wheat Ridge. 10. NEW BUSINESS A. Commissioner BRINKMAN stated that since she Would be unable to attend next Thursday's meeting, she would provide written comments and concerns to be distributed at the meeting for consideration. B. Mr. White announced that a public hearing regarding mass rezoning will be held on September 15, 1998. The Planning Commission hearing will be held October 22, 1998, C. Mr. White suggested holding a 6:00 p.m, dinner meeting on October 1, 1998 for the Planning Commission and the City Attorney to address various planning issues such as Planning Commission Page 9 08/20/98 split zoning, etc. It was a consensus of the Commission to hold the meeting if a sufficient number of Commission members would be present. D. Mr. White announced that the September 17, 1998 Planning Commission meeting has been canceled due to a conflict with the State Planning Conference which will be held in Estes Park on that date. 1l. .A DISCUSSION ITEMS There were no discussion items. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to adjourn the meeting at 10:08 p.m. Ann Lazzeri, Recording Secretary Janice Thompson, Chair PlanninIg Commission Page 10 08/201/98 ' *-T OTE: PLEASE BRING YOUR MAPS FROM THE PREVIOUS NAME & ADDRESS OF OWNER(S): Same as above. APPROXIMATE AREA: 10.75 acres entire site; 1.74 acres parking lot PRESENT ZONING: Planned Commercial District (PCD) PRESENT LAND USE: Vacant; temporary employee/customer parking lot SURROUNDING ZONING: N: Residential Three and Commercial One; E: Residential Three and Residential Two; S: Restricted Commercial One, Residential Two and Residential Three; W: Residential Three and PRD. SURROUNDING LAND USE: N: Multi-Family Residential and Automobile dealership; E: Commercial, Multi-Family and Vacant; S: Duplex and Multi- Family; W. Multi-Family. DATE POSTED: August 20, 1998 DATED LEGAL NOTICES SENT: August 13, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE SLIDEM SUBDIVISION REGULATIONS (X) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, t� therefore, there is jurisdiction to hear this case. M I. REQUEST ievei art IT Me entire site, an* appr*varM a combined Preliminary and Final Development Plan for the employee/customer parking lot on the northeast corner of the property. 11. — CASE HISTORY M Ralph Hanna Walt Schreibrnan Elvera Coogan Angeline Garramone Deanna Leino IV. AGENCY REFERRALS The following agencies responded to the referral: Planning Commission Page 3 WZ-98-13/Chesrown Jefferson County Planning - No comments, a -q The functional classification of Wadsworth has changed to Major Regional Arterial. It is one of the few north-south roadways in the metro region that has continuity through the region. Adjacent jurisdictions have recognized Wadsworth as a major retail corridor and have done stuNies for improvements or have made improvements. Wheat Ridge has invested considerable resources in the corridor by hiring a consultant to prepare a plan for the future Wadsworth. 3. In addition to #2, 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 existing adopted Comprehensive Plan shows the property as Commercial on approximately the northern half of the property and Medium Density Residential on the southern half. The Outline Development Plan would not be in conformance with the Comprehensive Plan because of the residential designation, but the Preliminary/Final Development Plan for the parking lot would be in conformance with the commercial designation. Both the adopted and draft plan seek to minimize impacts • commercial development on adjacent residential uses. Providing an on site parking lot for employees and customers alleviates the parking impacts on Yukon Court residents. Planning Commission Page 5 WZ-98-13/Chesrown 4» 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. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. setbacks With the ! • and the addition of ! to the site, adequate light and air to adjacent properties should not be affected. The parking lot will not affect the public health or or create drainage problems, Further drainage details and a traffic study needed assess impacts of development of the remainder of Planning Coinmission Page: 6 W -9 - 131Chesrown 9. -- That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. MZUJM= 10. 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 amended 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 created when employees parked on Yukon Court due to the limited spaces on the dealership lot. The arnended 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 been added to the site, as well as provisions for pedestrian connections. M 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 not referring to a 24 year old code. Permitting non-revenue generating uses in commercial districts has been a concern in recent rezoning and related decisions. The following uses should be added to the list of uses not permitted: Public and private schools, and churches. VIL RECOMMENDED MOTIONS Outline DeveloDment Plan: Option A. "I move that Case No. WZ-98-13, a request for approval of an amended Outline Development Plan be APPROVED for the following reasons: Planning C=tnissioti Page 8 WZ-98-131Chesrown With the following conditions: I A traffic study will be required at the time of Preliminary Development Plan submittal for the southern portion of the site. 2. The landowner shall • responsible for all future improvements to Wadsworth Boulevard and 35th Avenue, including accel/decel lanes, curb, gutter and sidewalk, and signals as required at the tirne of approval of the traffic study, Improvement shall • completed at the time of development of the southern portion of the site. Construction • the wetlands and detention pond shall address the recharge of wells located on the east side of Wadsworth and must be completed as required by the stipulation agreement. Option B: "I move that Case No. WZ-98- 1 3 ), a request for approval of an amended Outlirl Development Plan be APPROVED for the following reasons I The amended Outline Development Plan is consistent with Draft Comprehensive Plan. 2. The amended Outline Development 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 Outline Development Plan are no greater than with the currently approved plan. A traffic study will be required at the time of Preliminary Development Plan submittal for the southern portion of the site. 2. The landowner shall be responsible for all future improvements to Wadsworth Boulevard and 35th Avenue, including accel/decel lanes, curb, gutter and sidewalk, and signals as required at the time of approval of the traffic study. Improvement shall be completed at the time of development of the southern portion of the site. Planning Commission Page 9 WZ-98-13/Chesrown M 3. Construction of the wetlands and detention pond shall address the recharge of wells located on the east side of Wadsworth and must be completed as required by the stipulation agreement. 4. The Outline Development Plan shall be modified to show the boundaries of the existing parking lot and be labeled as Restricted Use Area, with a modification to general note #4 which states: Customer and employee parking for the adjacent auto dealership and service operation is permitted in this area." S. The following uses shall be added to the list of uses not allowed on the first sheet of the Outline Development Plan: A. Auto service and repair and maintenance shops B. Public and private schools C. Churches D. Automobile and light duty truck sales and rentals Option C: I move that Case No. WZ- 98-13, be DENIED for the following reasons: 1. Prehminarvffinal DeveloDment Plan: Option A: I move that Case No. WZ-98-13, a request for approval of a combined Preliminary and Fin Development Plan, for the 1,74-acre site located at 3601 Wadsworth be APPROVED for the following reasons: I 11= 111111 ;IJ I IIIIIIIIIII pl�11111 1111i, � • my III IMM0=0 : 11 • With the following condition: 1. Twenty-one shrubs will be added to the landscape plan to meet Code requirements." Plannin * g Commission Pa 10 WZ-98-13/Chesrown M CABarbara =PGRPTS\WZ95.1 r.WPD Planning Commission Page 1 1 W -98 -1 alChesrown 'HE) 0 - MW m ew"tr f tatfre 40111 6I*a lobos A Wbfrt I. Anderson Truster I.. N- Wrikit Trustee 0txt 104pfr thttgrt tiM '"JFx eloOrral tt,� 902. CAST EASIER PLACE StArt 109 ENG "Eff000. co. #Otto f XOt40d LEGAL DESCRIPTION A tract of land located in the El of the NEb of the Nwts of Section 26, Township I South. 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