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HomeMy WebLinkAboutWV-96-03• Planning Commission Minutes June 20, 1996 7. Existing mature trees be saved. Regarding the request for re- subdivision: Page 8 1. The re- subdivision is required to accommodate the revised site plan. 2. All requirements of the Subdivision Regulations have been met. With the following changes to the document: 1. Old lot lines and lot numbers be designated in dashed lines. 2. The title be referred to as "Being a Replat of Tracts A, B & C of Independence Business Park Subdivision. 3. All easements to be vacated be shown as being "hereby vacated." 4. Legal description be added in the dedicatory statement. 5. Signature block for the mortgagor be added. 6. The following note be added regarding Lot 2: "To be Dedicated to the City of Wheat Ridge for park land purposes by separate document." Commissioner JOHNSON seconded the motion. Motion carried 6 -0. • At this time (8:45 p.m.) a short recess was called. Meeting reconvened at 8:59 p.m. (� 3. Case No. WV -96- An application by B.G.T. Enterprises for approval of a right -of -way vacation of excess right located at approximately 10050 West 49th Avenue. 4. Case No. MS -96 -6: An application by B.G.T. Enterprises for approval of a four -lot minor subdivision for property located at 4951 Kipling Street. 5. Case No. WSP -96 -1: An application by B.G.T. Enterprises for approval of a site plan with variances in the Kipling Activity Center. Said property is zoned Commercial -One and is located at 4951 Kipling Street. Mr. Gidley requested that Case Nos. WV -96 -3, MS -96 -6 and WSP -96 -1 be heard simultaneously. Consensus was to proceed in that manner. Sean McCartney advised Commission that Case No. MS -96 -6 was a request for a five -lot subdivision, not a four -lot subdivision as indicated. He added that the 30 -foot required setback had been met and therefore, a variance would not be necessary. Mr. McCartney presented the staff report, noting that three separate • motions would be required. .Entered into the record and accepted by the Vice Chairperson were the Comprehensive Plan, Zoning Planning Commission Minutes Page 9 June 20, 1996 Ordinance, Subdivision Regulations, case file, packet materials, slides and exhibits. Commissioner THOMPSON pointed -out a discrepancy on the proposed- - development plan. Mr. McCartney stated that would need to be corrected on the official final development plat. Commissioner THOMPSON asked if that correction should be noted in the motion. Mr. McCartney stated he assumed that it would be corrected. Terry Oman 5261 South Zinnia Ct., Littleton, was sworn in. Mr. Oman thanked Staff.and Planning Commission for accommodating their request to fast -track the request. He gave an overview of the proposed development. Commissioner ECKHARDT asked if the proposed streets would be private streets? Mr. Oman stated yes, that-was true. He added that the owner would -be responsible for street maintenance, but streets would be accessible to the public. Commissioner THOMPSON asked if the City had a preference relative to ingress /egress? Mr. Gidley stated that the City's preference would be the shared ingress /egress with Amoco. He elaborated. Commissioner THOMPSON asked if the proposed gas station would have access only from the shared access, until West 50th Avenue is developed? Mr. Gidley stated the south two lanes of 50th Avenue-would be constructed along with the first building to Street 'A'. Street 'A' will be constructed to at least to the south edge of Burger King. Commissioner-THOMPSON asked if with additional traffic coming into the area, a straight configuration might be preferable, rather than the loop design as shown? Mr. Gidley stated it was once straight, however, the City relocated the frontage road made. the frontage. road the priority movement, instead of West 49th Avenue. At that time 49th became a "T" intersection, which is preferred to an "A intersection. F_ 1 LJ • Planning Commission Minutes Page 10 June 20, 1996 Commissioner ECKHARDT asked if there had been discussion with Amoco? Mr. Oman stated that he- had.spoken to Bob - .Murray, owner and -the officials at Amoco, although he had received nothing official from them, they are quite concerned about the future of the intersection at West 49th Avenue. Mr. Oman stated he would prefer to have the road between Lots 1 and 2. Burger King is in agreement also. Mr. Gidley stated that the Cities of Wheat Ridge and Arvada have concerns regarding the intersection design of Kipling and .1 -70. He elaborated. Commissioner RASPLICKA noted that the Colorado Department of Transportation had no concerns with the request. Mr. Gidley stated it was not included in their roadway system. He added that highway ownership does not go north at 49th Avenue. Discussion followed. . Commissioner THOMPSON asked if you closed 49th Avenue, wouldn't that adversely affect the visibility of the proposed restaurant? Mr. Gidley answered no. Commissioner THOMPSON suggested that no left hand turns be allowed but not close it. Further discussion followed. Mr. Oman .stated_that some type of movement is appropriate for the corner, right -in, right -out would be minimum. Dr. Ramona Reed 12497 West 69th Avenue, was sworn in. Dr. Reed stated that her office is located at 10185 West 49th Avenue and she was concerned about increased noise and traffic. She -was hopeful that a sound barrier could be constructed. Mr. Robert Murray 8335 Kathryn Way, Denver was sworn in. He stated he was representing Amoco. Mr. Murray stated his major concern was with traffic flow in the area. Mr. Murray added that he as well as others in the area need access. He explained further. Mr. Gidley asked Mr. Murray if he was in favor of the joint access between Amoco and the proposed development. • Mr. Murray stated that he had not yet spoken to representatives at Amoco. • Planning Commission Minutes Page it June 20, 1996 Mr. Gidley explained how the proposed plan would work. Commissioner.THOMPSON asked if protection from sound could be provided..Dr. Reed through .landscaping, including berming, etc. Mr. Gidley noted that normally, buffers are not maintained between commercial uses. He added that speed limits would likely be limited to 15 mph, not 25 on a private drive. Discussion followed. Commissioner GRIFFITH asked Dr. Reed what type of vehicles go in and out of a neighboring business, George T. Sanders Company? Dr. Reed stated that the large trucks travel down the Frontage Road to Miller Street and then to 49th Avenue to gain access to George T. Sanders Company. Otherwise, the traffic consists of only small trucks and passenger cars. Jerry R. Kannapinn, 4910 Fox Street, Denver, was sworn in. Mr. Kannapinn stated he was the architect /designer on the project. He was present to answer questions, however, he had rough • sketches showing pallet of materials, etc. He spoke briefly about dealing with sound. . Jenny Schrader 8795 Ralston Road, Arvada, was sworn in. She introduced herself as the engineer on the project. She offered to answer questions. Commissioner ECKHARDT stated he had some real concerns with the proposal, and felt the additional curb cut on Kipling Street was unnecessary. He was concerned about existing traffic problems and the need for a development of this type in the area. He elaborated. Mr. Gidley went over the various land uses in the area and stated that the Comprehensive Plan indicates the area should be highway business oriented. He elaborated. Commissioner THOMPSON stated she had a problem with allowing more curb cuts on Kipling. She added that she .wasn't certain there was a need for another gas station in the area. Discussion followed. Dr. Reed asked why she.was not notified of the request. She requested consideration of a sound barrier. • Mr. Gidley stated they were placed on notice, as a posting was placed on West 49th Avenue. In addition, as an- adjacent • Planning Commission Minutes Page 12 June 20, 1996 property, Dr. Reed would have received a certified notice of the public hearing. Commissioner WILLIAMS reiterated -that the property in question was zoned commercial, which would allow many uses. Mr. Gidley confirmed that was correct. Commissioner THOMPSON asked what was the percentage of landscaping for the proposal? Mr. Gidley answered ten percent overall is the minimum landscaping allowed, and the plan indicates over 38 percent landscaping. - Commissioner ECKHARDT moved that Case No. WV -96 -3, a application for right -of -way vacation for property located at 10050 West 49th . Avenue, be approved for the following reason: 1. The right -of -way is not needed.for public access. Commissioner THOMPSON seconded the motion. Motion carried 6 -0. • Commissioner ECKHARDT moved that Case No. MS -96 -6, an application by B.G.T. Enterprises for approval of a five -lot subdivision for property located at 4951 Kipling Street, be approved with the following conditions: 1. The proposed curb cut between the.proposed Burger King and .. gas station on Kipling Street be eliminated. His intent was for the developer and Amoco would share a curb cut and curb . cut to the north be eliminated. 2. Some type of.agreement between the developer and Dr. Reed for some type of noise attenuation between Street B and the Doctor's property. Commissioner RASPLICKA seconded the motion. Commissioner THOMPSON asked who would have the expense of street development? Mr. Gidley answered it would be shared. He elaborated. Motion - carried 4 -2, with Commissioners RASPLICKA AND JOHNSON voting no. Commissioner ECKHARDT moved that Case No. WSP -96 -1, an • application by B.G.T Enterprises for approval of a site plan-with variances in the Kipling Activity Center subject to the following: . Planning Commission Minutes Page 13 June 20, 1996 1. Revise Lot 1 so building setback from West 50th Avenue is 30 feet or more; 2. Revise Note #2 to read as follows: Auto, RV, Boat, camper sales, service or.rental or -any other use that requires - outside storage, display, or operations shall be excluded as a permitted use. Additionally, billboard signs shall not be permitted. Commissioner RASPLICKA seconded the motion. He asked the motion. maker if he intended to include the note at the end of the staff report. Commissioner ECKHARDT stated that was his intention. Motion carried 6 -0. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS Mr. Gidley summarized Council action regarding recent Planning Commission recommendations. • 10. NEW BUSINESS Mr. Gidley reported that three commissioners attended the recent planning commissioners training workshop. Ms. Griffith spoke highly of the training opportunity. Commissioner THOMPSON requested that the landscape ordinance be enforced.administratively so that trees with a potential to grow above a certain height not be allowed to be planted beneath power lines. Discussion followed. It was the decision by consensus, that educational pamphlets be provided to developers... 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS • ITTU E . 4 There being no further business, by consensus, the / sheeting adjourned at 10:42 p.m. Sandra Wiggins,' cretary 0 CITY COUNCIL MINUTES WHE4 MY OF W HEAT II COLORAD 75 00 W 29th Avenue, Municipal Building JULY 8. 1 �-&LORAvi The Regular City Council was called to order by Mayor Wilde at 7 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Glen Gidley; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of June 24, 1996 Motion by Mr Siler for the approval of the Minutes of June 24, 1996 as corrected; seconded by Mr DiTullio, carried 8 -0 CITIZENS' RIGHTS TO SPEAK Chuck Perrotti complained that Wheat Ridge does not have a law against putting items in somebody else's dumpster; we also don't have an ordinance about people cleaning up after their dogs and no noise ordinance He also left a copy of a newspaper article "Arvada group seeks growth cap" He feels the proportion of homes vs businesses in Wheat Ridge is very unequal; we need more revenue and we aren't getting it from homes PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Approval of Expenditure Items. Motion by Mrs. Worth for approval of expenditure items, seconded by Mr Siler; carried 8 -0 Item 2. Council Bill 28 - An ordinance providing for the approval of a right - of -way vacation of excess right located at approximately 10050 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV -96 -3) (B.G.T Enterprises) Council Bill 28 was introduced on second reading by Mrs. Worth, title read by the Clerk; Ordinance No 1034 assigned. CITY COUNCIL MINUTES JULY 8, 1996 PAGE -2- Applicant, Terry Oman, 5261 South Zinnia Court, Littleton, was sworn in by the Mayor He explained that B G T Enterprises is asking Council to approve three items. Right -of -way vacation on 49th Avenue, approval for five -lot subdivision at approximately 4951 Kipling Street; and approval of site plan He introduced Jerry Kannapan, designer of their site plan, Jenny Shrader, their engineer; John Felton, representing Burger King, and Bob Murray from the Amoco Station. He explained their plans for the site and answered questions Glen Gidley was sworn in and presented the staff report. The following speakers were sworn in by the Mayor Ramona Reed, M D , owns business just north of the development. She is concerned about drainage and doesn't want her parking lot to become a retaining pond John Felton, representing Burger King, gave reasons for the necessesity of following the site plan in regards to Burger King and to allow the proposed curb cut. Bob Murray, proprietor of Amoco Station, had concerns about traffic problems if he has to share a curb cut. John Eatwell, Architect for Burger King, stated that the best location for a curb cut is the one they are requesting. Jerry Kannapan, designer of the site plan, was present to answer questions He stated that this is a quality, community - friendly development. Jenny Shrader, civil engineer for the project, was present to answer questions. Motion by Mrs Worth that Council Bill 28 be approved on 2nd reading, which if approved, will vacate the right -of -way denoted as Tract B on the proposed plat, and located at approximately 10051 West 49th Avenue With the following conditions 1 Tract B is not needed for public access purposes 2. Utility easements will remain in place Seconded by Mr Solano, carried 8 -0 Motion by Mrs Worth that Case MS -96 -6, a request for a five -lot subdivision filed under the name of Blue Grass Terrace, located at approximately 4951 Kipling Street, be approved with the following conditions 1 Proposed curb cut on Kipling between proposed lot 1 and lot 2, be allowed 2 That a sound barrier fence be constructed on the east side of the Reed property; seconded by Mr Solano, carried 8 -0 CITY COUNCIL MINUTES JULY 8, 1996 PAGE - 3 - Motion by Mrs Worth that Case No WSP -96 -1, a request for a site plan development, located at approximately 4951 Kipling Street, be approved with the following conditions 1 Revise note #2 to read as follows "Auto, RV, boat, camper sales, service or rental for same, semi -truck parking, and any other use that requires outside storage, display, or operations, shall be excluded as a permitted use 2 No billboard signs may be permitted 3 Current RV storage use may be allowed on site, except upon full built out of site plan. 4 That an island or median as the developer and Public Works worked out, be constructed between lot 1 and 2 to prevent left -hand turns. 5 A drainage plan be filed and accepted by Public Works before building permits are issued, ensuring adjacent properties protection from additional run -off; seconded by Mr Solano Motion by Mrs Shaver to amend to delete stipulation No 4, seconded by Mr DiTullio, failed 2 -6 with Mrs Shaver and Mr DiTullio voting yes /�(-- Original Motion carried 8 -0 Item 3. Council Bill 30 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8 (b) Item 3 was mistakenly placed on the Agenda and will be heard July 22, 1996. Item 4. Council Bill 25 - An ordinance providing for the approval of rezoning from Planned Commercial Development to a revised Planned Commercial Development District on land located at 4990 Independence, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ -96 -5) (Star Guide Corporation) TO BE CONTINUED UNTIL JULY 22, 1996 Motion by Mr Siler to continue this Item and the public hearing to July 22, 1996, seconded by Mr Eafanti; carried 6 -0