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HomeMy WebLinkAbout05/17/2001 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 17,2001 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7:30 p.m., May 17, 2001, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jerry Collins Paulette Cooper Marian McNamee Nancy Snow Janice Thompson Paula Weisz Commission Members Absent: Mark Miller Staff Members Present: Alan White, Planning Director Meredith Reckert, Sr. Plarmer Travis Crane, Plarmer Bob Goebel, Public Works Director Mike Garcia, Development Review Engineer Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of PI arming Commission minutes for the public hearing of May 17, 2001. 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. APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner COOPER to approve the agenda as presented. The motion passed 6-0 with Commissioner MILLER absent. 5. APPROVE MINUTES It was moved by Commissioner COLLI NS and seconded by Commissioner SNOW to approve the minutes of May 3, 2001 as presented. The motion passed 6-0 with Commissioner MILLER absent. Planning Commission May 17,2001 Page I 6. PUBLIC FORUM There was no one to appear before the Commission 7. PUBLIC HEARING A. Case No. WS-OO-Ol: (continued from May 3, 2001) - 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 32nd Avenue. Prior to her presentation, Ms. Reckert distributed copies of a revised grading plan and profile sheet as well as copies of the plat that contained minor revisions for the Commission's review. She reviewed the staff report and presented slides and overheads of the application. She noted three additional conditions of approval that were not included in the staff report: (I) that the applicant continue working with staff on other minor modifications to homeowner association covenants; (2) that during the construction process, top of foundation certifications be provided by the engineer of record to verifY consistency with the elevations shown on the drainage report; and (3) that slopes and volumes in Tract A be modified to accommodate the sanitary sewer easement and access way. All pertinent documents were entered into the record and accepted by Chair McNamee. Commission members were advised that they had jurisdiction to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. In response to a question from Commissioner SNOW, Commissioner WEISZ stated that she has read all the minutes from the previous hearings on this case. Commissioner THOMPSON asked if the homeowners association would be liable for any flooding that would occur below the development due to lack of maintenance (such as mowing grass in the swale areas). Mike Garcia replied that the homeowners association would be responsible. Commissioner COOPER asked if the revisions to the fencing would take care ofthe concern about water flow through the swales. Ms. Reckert replied that they would. Bob Goebel stated that, while solid fencing would not be allowed, there are fence designs that allow water to flow through. In response to a question from Commissioner COLLINS, Bob Goebel said the drainage plan showed that properties would be protected during a 100-year storm and water would not overtop the 6" curb. David Schneider 3331 Oak Street, Wheat Ridge Chair McNAMEE reminded Mr. Schneider that he was still under oath from a previous hearing. Mr. Schneider stated he had complied with all staff recommendations thus far and would also comply with the conditions suggested at this meeting. He stated that he would be agreeable to address fencing and maintenance of the swales (mowing grass) in the homeowner covenants. Planning Commission May 17,2001 Page 2 Dennis Beamis 12191 RaIson Road, #200, Arvada Chair McNAMEE reminded Mr. Beamis that he was still under oath from a previous hearing. He stated that the project is designed to meet a 100-year storm. In response to a question from Commissioner COLLINS regarding the estimated life of the detention pond, Mr. Beamis stated it would last as long as the homes--at least a hundred years, although some components of the release structure may have to be replaced over time. Commissioner THOMPSON asked if covenants would require silt and sediment to be removed from the pond. Mr. Beamis replied that the pond would have to be cleaned periodically to ensure that the structure works properly. Dan Schneider 3866 Union St. Mr. Schneider, geotechnical engineer of record, was sworn in by Chair McNAMEE. In response to a question from Commissioner THOMPSON regarding the feasibility of a lined detention pond, he stated that liners deteriorate over time; there could be water standing in a lined pond for a long period of time; grass could grow in an unlined pond for a more pleasing appearance; and an unlined pond would be more efficient in terms of release of water and maintenance. He spoke with representatives of the Rocky Mountain Ditch who informed him that the ditch runs 123 days a season at 25 c.f.s. and it is estimated they lose 10-25% of water through seepage. He stated that during a 100-year storm, water from the development's pond would only cause the ground water table to rise \4". He also stated that he spoke with Chuck Svoboda who told him that he has lived in his house (located next to the ditch that leaks a large amount of water) for 8-9 years and has experienced no water in his basement. He stated that capturing all of the water that would normally run into the ditch and releasing it into a storm sewer on Kipling would actually improve the water situation in the area. In response to Commissioner COLLINS' concern about runoff during construction, Mr. Schneider stated that an erosion plan, reviewed by city staff, would be in place. Chair McNAMEE asked to hear from members of the public. Don Peterson 9945 West 34th Drive Mr. Peterson was sworn in by Chair McNAMEE. He stated the biggest concern brought up at the neighborhood meeting was that when Consolidated Mutual installed water lines, it changed the drainage and created a wetlands area causing water in basements that had never been there before. He was in favor of placing the storm drain along the south side of Rocky Mountain Ditch, flowing out to Kipling. He believed this alternative would be less expensive to install because the contractor wouldn't have to deal with all of the utility lines. He also expressed concern about backfill should the storm drain go down 34th He stated that most of the neighbors do get water in their basements with the exception of Chuck Svoboda. He also suggested another option would be run the storm drain to the ditch behind Wheat Ridge High School to the corner of 35th where there is also a storm drain. Planning Commission May 17,2001 Page 3 John Miks 9855 West 34th Drive Mr. Miks was sworn in by Chair McNAMEE. He stated that he has lived in his house since 1968 and is located across the street from the proposed storm drain. He stated that there were no water problems in the neighborhood prior to the installation of Consolidated Mutual's water line and now there is a wetlands in the area. He stated that his neighbor's tractor got stuck in the wetlands. He testified that shale is located five feet beneath the surface and is covered with bentonite. He expressed concern that the additional development would worsen drainage in his area. He asked that conditions be placed on the storm drain such as filling with river rock and pea gravel with a French drain 20-30 feet from Kipling and then have a "Y" drain to the storm drain on Kipling. He also expressed concern about disturbing utilities and increasing water problems on the north side of the street. He provided drawings of his proposed plan to the Commission and to staff. In response to a question from Commissioner THOMPSON, Mr. Miks stated that his water problems are present year-around. (Commissioner McNAMEE declared a brief recess at 8:45 p.m. in order for Commissioners and staff to review the plan submitted by Mr. Miks. The meeting was reconvened at 9:00 p.m.) Chuck Svoboda 9860 West 34th Drive Mr. Svoboda was sworn in by Chair McNAMEE. He stated that there is a 50-foot vertical drop from the proposed detention pond to his house and expressed concern about the large amount of water being detained above his and his neighbors' homes. He stated that he has lived in his house for nine years and has not experienced water in his basement. He was in favor of lining the detention pond stating that it is possible to line ponds with geotextile fabrics that can be sodded over. He believed that, even if the liner failed in twenty years, it would be an improvement over the present situation. He stated that he would like to see a better solution than the 3-inch diameter inlet for the pond and would also like to see a soils report. In answer to a question from Commissioner SNOW, Bob Goebel stated that the state requires a 2-inch minimum size for inlets to detention ponds. Commissioner COOPER asked if Mr. Svoboda was concerned about mosquitoes as a result of ponding water. Mr. Svoboda replied that there is already water in the ditch and he would rather live with mosquitoes than water problems with his house. Don Peterson returned to the podium. He stated that since the pond is designed to empty within two days there shouldn't be a problem with standing water. He also requested that the cash in lieu of park land dedication be kept in the district and used toward development of the park on 38th and Kipling. Deanna Gammon 3305 Independence Ms. Gammon was sworn in by Chair McNAMEE. She expressed concern that the swale Planning Commission Page 4 May 17,2001 between her house and the development would cause increased water problems for her. She wondered what recourse she would have if water damage from the development occurs to her property. Bob Goebel replied that it would probably be a civil matter. Paul Hargrave 3224 Jellison Street Mr. Hargrave was sworn in by Chair McNAMEE. He expressed concern about dust during construction as well as maintenance of the swale since covenants are difficult to enforce. He also expressed concern about increased traffic in the neighborhood as a result of the development. Paula Hargrave 3224 Jellison Street Mrs. Hargrave was sworn in by Chair McNAMEE. She stated that the property in back of her home is already a wetlands area and expressed concern that the development would cause further water problems for the neighborhood. She asked the Commission to consider the needs of the present homeowners in the area when considering this development. Bob Eisinger 3395 Independence Ct. Chair McNAMEE reminded Mr. Eisinger that he was sworn in from the previous hearing. He opposed a lined pond because standing water would present safety problems to children and stagnant water would cause insect and stench problems. He stated that he observed the detention pond on Jellison Street during the last storm when two inches of rain was received in four days, and there was no standing water in that unlined pond. Tony Kerstiens 9880 West 35th Avenue Mr. Kerstiens was sworn in by Chair McNAMEE. He stated that he bought his house two years ago and went to considerable expense to correct damage caused by water. He expressed concern that the development would cause further problems for his property. He also expressed concern that the drainage swale would be difficult to maintain. He asked the Commission to hold the citizens' trust and give precedence to existing properties over new development. John Anthony 3244 Jellison Street Mr. Anthony was sworn in by Chair McNAMEE. He proposed an alternate plan to route the drainage on the south side of ditch. He believed that, because much of the ditch is located on easements granted by homeowners, there would probably be resistance to using this easement for storm drainage. David Schneider returned to the podium. He stated that he has explored every avenue for storm drainage for this development and that draining water to the corner of 35th behind Wheat Ridge High School would not work. He stated that city staff agreed his proposed plan is the best one for homeowners and the city. He also commented that he has mowed weeds in the area several times and encountered no problems with water. He further stated that he contacted Planning Commission May 17,2001 Page 5 all of the homeowners north and northeast of the development and the only one who expressed opposition was Mr. Svoboda. Mr. Beamis returned to the podium. He addressed concerns expressed by Dearma Gammon and explained that the swales are designed to be six feet wide and six inches deep and would catch water to prevent it from draining into the houses. The water would drain away from the Gammon's property. Commissioner COLLINS asked how they would get rid of water without a French drain. Mr. Beamis replied that the city's standard trench design should be adequate. Dan Schneider returned to podium and stated that his drainage plan is designed to catch all the water from the development and release it through a structure designed to city standards and that a lined pond would present liability and maintenance issues. He stated that none of the alternatives presented by the neighbors would work. He also stated that strict quality control would be in place during construction. He advised that, should present homeowners experience water problems, they could look to the developer for recourse. Commissioner SNOW asked if the storm sewer would be installed before any grading is done. Mr. Schneider stated that he would abide by staff s direction. Commissioner THOMPSON asked ifthe 3-inch inlet was sufficient. Mike Garcia replied that it would release at the historical rate into the CDOT storm sewer in Kipling Street. Commissioner THOMPSON asked staffs opinion about the liner, with or without grass. Greg Knudson stated that liners are typically installed in retention ponds where water is intended to stay and that liners are not typically installed in detention ponds. In response to a question from Commissioner THOMPSON regarding the drainage plan, Bob Goebel replied that the proposed system meets city requirements and could improve the drainage for the entire area. In response to a question from Commissioner SNOW, Mr. Goebel stated his opinion that, if the Rocky Mountain Ditch is ever abandoned, it should have no effect on the development. Commissioner COLLINS asked Mr. Goebel's opinion on the trench design submitted by the citizens. Mr. Goebel replied, that while he has not had time to thoroughly review it, he had concerns because of bentonite in the area. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the request for approval of a ten-lot preliminary subdivision plat for Residential-One zoned property located at 9737 West 32nd Avenue be recommended for APPROVAL for the following reasons: 1. All minimum requirements ofthe R-l zone district standards have been met. 2. All minimum requirements of the subdivision regulations have been met. Planning Commission May 17,2001 Page 6 With the following condition: 1. That the plat document be amended to show the storm sewer line across lot 7. The motion passed 6-0 with Commissioner MILLER absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the request for approval of a ten-lot final subdivision plat for Residential-One zoned property located at 9737 West 32nd Avenue be recommended for APPROVAL for the following reasons: 1. All minimum requirements of the R-l zone district standards have been met. 2. All minimum requirements of the subdivision regulations have been met. With the following conditions: 1. A note shall be added to the plat to indicate that perimeter fencing on individual lots cannot be solid fencing and cannot block drainage conveyance swales. 2. A note shall be added to the final plat that the building envelopes shown on the drainage report must be adhered to and those envelopes must be shown on the plat itself. 3. The homeowners association covenants must be revised to indicate that perimeter fencing on individual lots cannot be solid fencing and cannot block drainage conveyance swales. 4. The homeowners association covenants shall be revised to limit construction to the building envelopes shown on the drainage report and on the final plat. 5. The applicant shall continue working with staff on other minor modifications to the homeowner association covenants and the covenants shall be approved by the city attorney. 6. During the construction process, top of foundation certification shall be provided by the engineer of record to verify consistency with the elevations shown on the drainage report. 7. Slopes and volumes in Tract A shall be modified to accommodate the sanitary sewer easement and access way. 8. The homeowners association covenants shall be reviewed and amended, if necessary, to make it clear that responsibility for maintenance of all drainage structures and detention pond are the financial responsibility of the homeowners association. The motion passed 6-0 with Commissioner MILLER absent. B. Case No. WZ-OO-13: An application submitted by First Industrial, LP, for approval of an amendment to Pacifica Development Properties II, LLC, PlD Final Development Plan with a setback variance to allow an additional freestanding sign with a 7-foot setback. The property is zoned PlD and located at 9500 West 49th Avenue. Planning Commission May 17,2001 Page 7 This case was presented by Travis Crane. He reviewed the staff report and presented slides and overheads of the application. All pertinent documents were entered into the record and accepted by Chair McNamee. He advised the Commission that there was jurisdiction to hear the case. He reviewed the criteria involved in evaluation of a variance request. Staff recommended approval of the applications with conditions as outlined in the staff report. In answer to a question from Commissioner SNOW, Mr. Crane stated that the size of the requested sign would leave approximately 3.5 feet for freestanding sign space in the development. Tim Rogers 2064 Creighton Drive, Golden Mr. Rogers, leasing and marketing manager for First Industrial Realty, was sworn in by Chair McNAMEE. He stated that he was involved in the original PID for this project. He would like to have the sign available to the landlord to enhance leasing opportunities to attract major and significant tenants. Signage along 1-70 is extremely important. He was not comfortable with having a lot of signs on the fronts of the buildings. He clarified that Toshiba is not yet a tenant in this building. Toshiba was seriously considering this location in November and the sign played a great part in their interest. Bolle's lease is still in effect for five more years and they are presently subleasing one of the two buildings which they previously occupied. It was first thought that the tenant's needs could be accommodated through the use of a monument sign; however, the monument sign is not presently visible from 1-70. There was discussion about the conditions placed on the Bolle sign which was to be removed if Bolle left the development. Travis Crane explained that Bolle was requested by the city to remove the sign last November. Since then, there was an agreement to cover up the letters and the subject amendment was filed. In answer to a question from Commissioner SNOW, Mr. Rogers stated that the two additional panels would accommodate two smaller tenants and would be visible from 1-70. The largest panel would be reserved for the major tenant of the development. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. WZ-OO-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 49th Avenue, be APPROVED for the following reasons: 1. The property has decreased highway visibility due to the location and height of the sound wall and lowered elevations. 2. The sign could bring a renewed economic interest to the area. 3. The second sign would not alter the character of the area. 4. The sign would not be detrimental to the public welfare nor impair the adequate supply oflight and air. 5. The sign would accommodate signage for two additional businesses. Plann.jng Commission May 17,2001 Page 8 With the following condition: 1. The total square footage for the proposed sign shall not exceed 189 square feet. In response to a question from Commissioner COLLINS, Alan White stated that the sign would be lighted. Commissioner THOMPSON stated that she would vote in favor ofthe motion because the sign should attract desirable tenants to Wheat Ridge. Chair McNAMEE asked for clarification as to whether a super-majority vote would be required on this matter. Alan White stated that it would not, since it is an amendment to a final development plan. Commissioner COLLINS indicated he would vote against the motion because the condition which required removal of the sign if Bolle was no longer located on the premises was not adhered to. The motion passed 5-1 with Commissioner COLLINS voting no and Commissioner MILLER absent. Case No. ZOA-OI-0l: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. This case was presented by Alan White. He reviewed the staff report and asked for Commission's discussion which included: . Should nesting boxes be included in natural habitat areas under primary uses. . Should bridges be included along with equestrian/pedestrian trails under accessory uses. . Should bike racks be included under accessory uses. . Should pavilions be included with benches and picnic tables. . Criteria should be developed for determining the amount of parking spaces. Commissioner THOMPSON made a request that the city address a noxious weed ordinance at some time in the future. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that this matter be continued to the meeting on June 7, 2001, in order for staff to clarify the difference between what belongs in the public facilities district, what belongs in the conservation district, and whether all kinds of activities and structures have been covered that would be properly included in a conservation district; and further that the section on weeds not exempt noxious weeds as defined in state statutes. The motion passed 6-0 with Commissioner MILLER absent. 8. OLD BUSINESS There was no old business to come before the Commission. Planning Commission May 17,2001 Page 9 9. NEW BUSINESS Residential Estate District - Commissioner SNOW expressed disappointment that the conservation district ordinance was drafted before the residential estate district ordinance and requested that the residential estate district ordinance be drafted in the near future. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS Economic Development Committee - Chair McNAMEE requested that Commission members review the Economic Development Committee minutes. 12. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to adjourn the meeting at 10:55 p.m. The motion passed unanimously. f!jW,(I'2/) IYlcA. )0/1v; JC 'MARIAN McNAMEE, Chair I Planning Commission May 17, 2001 Page 10