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HomeMy WebLinkAbout09/06/2001 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting September 6, 2001 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7:30 p.m., September 6, 2001, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinkman Jerry Collins Paulette Cooper Marian McNamee Nancy Snow Janice Thompson Paula Weisz Staff Members Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Mike Garcia, Development Review Engineer Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of September 6, 200 I. 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 COLLINS to approve the agenda as presented. The motion passed 7-0. 5. APPROVE MINUTES Commissioner SNOW requested an amendment to page five, paragraph six, line three of the minutes to replace the words "than the" with the word "then" and to delete the words "that this." It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON to approve the minutes of August 16,2001 as amended. The motion passed 7-0. 6. PUBLIC FORUM There was no one to appear before the Commission. Page 1 Planning Commission September 6, 2001 7. PUBLIC HEARING A. Case No. WZ-00-08: An application submitted by Janet Daughenbaugh for approval of a rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of an outline development plan and final development plan and plat for property located at 4240 Kipling Street. This case was presented by Meredith Reckert. She 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. Although the proposal is inconsistent with residential designation on the Comprehensive Plan, this is the on1~ remaining residential property on the east side of Kipling between Clear Creek and West 44 A venue. Therefore, staff gave a recommendation for approval with conditions as outlined in the staff report. Commissioner SNOW asked if streetscaping standards were in effect for this project. Meredith Reckert explained that this application was in process before the streetscape standards were adopted. Alan White explained that the streetscape plan calls for buildings to fit in with surrounding development and the proposed plan would meet that criteria. Commissioner THOMPSON stated that if this property is used for the same C-I uses that are presently in use for the adjacent properties, she would like to see an eight-foot fence between the subject property and the residential property on the east side. She would also like to have a requirement for all garage doors to be closed to cut down on noise from activities inside the garages. In response to a question from Commissioner SNOW, Mike Garcia explained that there was an approval letter from the president of the Oulette Ditch in the final drainage report. Commissioner COLLINS inquired about the floodplain and drainage to the south. Mike Garcia explained that the floodplain administrator determined that there would be minimal impact to the floodplain and that drainage met all standards. Commissioner THOMPSON expressed concern about the impact on neighboring trees if the ditch is lined with concrete. Commissioner BRINKMAN asked if staff had concerns about the loading dock being located next to R-IA property. Meredith Reckert replied that increased buffering was requested. Commissioner BRINKMAN asked about streetscape requirements in relation to sidewalks. Alan White explained that staff didn't think streetscape requirements would apply because this application was started before the requirements were in place. Commissioner BRINKMAN questioned why this property is shown as low density residential on the Comprehensive Plan. Alan White stated that this was simply an oversight on the Comprehensive Plan. (Chair McNAMEE declared a recess at 9:00 p.m. The meeting was reconvened at 9: 13 p.m.) Planning Commission September 6, 2001 Page 2 Janet Daughenbaugh 11900 Dransfeldt Road, Parker, CO Ms. Daughenbaugh, the applicant, addressed questions raised by the Commission. She stated that neighbors do not want a solid fence. The ditch is on her property, not the property line. As far as concreting the ditch, the ditch company prefers to have it concreted. The portion of the ditch to the north has been concreted for ten years and has not affected the trees. She would prefer to have the view into the greenbelt rather than having a fence. In fact, she was opposed to having a fence in any location. She stated they were planning to do 16% landscaping when only 10% is required. Commissioner COOPER asked about trash removal. Ms. Daughenbaugh stated that each tenant would be responsible for their own trash removal. There will be no centralized trash dumpster. Commissioner COOPER asked what the use would be for units nine and ten. Ms. Daughenbaugh replied that they could be split up or one entire unit. Chair McNAMEE referred to a requirement that dumpsters must be enclosed in C-I zones. Alan White read from the code which requires that outside trash receptacles must be enclosed if within a hundred feet of adjacent low density residential or if within view of a public street. Commissioner BRINKMAN asked about utility pole on property. Mark Daughenbaugh Mr. Daughenbaugh, the applicant's son, addressed the Commission regarding the utility pole. He explained that the pole is the property ofXcel Energy. Commissioner BRINKMAN asked about the linden tree. Ms. Daughenbaugh replied that the mature height oftrees will be taken into account when the area is landscaped. Commissioner BRINKMAN asked Mr. Daughenbaugh if he would be agreeable to removing permitted uses no. 64 (auto/truck accessories, service, sales, installation) and no. 73 (car rental agency). Mr. Daughenbaugh indicated he would be agreeable to removing all of those uses with the exception of "auto/truck accessories". He also indicated he would prefer to retain "installation. " It was moved by Commissioner THOMPSON and seconded by Commissioner WEISZ to approve Case No. WZ-00-08, a request to rezone property located at 4240 Kipling Street from Residential-Two to Planned Commercial Development and to approve an outline development plan for the following reasons: 1. This is the only residential property on the east side of Kipling between Clear Creek and West 44th Avenue. 2. Increased traffic and intensification of surrounding land uses have rendered the property undesirable for low density use. Page 3 Planning Commission September 6, 2001 With the following conditions: 1. A note should be added in regard to maximum building height (24 feet). 2. All citations should be corrected to reflect the new code's numbering system relative to development standards for signage, landscaping and lighting. 3. Permitted use numbers 73 should not be allowed, and number 64 should be allowed with the exception of service and installation. Commissioner COLLINS offered a friendly amendment to (1) require a central trash holding area to be enclosed with noncombustible material per city requirements. The amendment was accepted. Commissioner SNOW offered a friendly amendment to increase the amount of landscaping to a minimum of20%. Commissioner THOMPSON did not accept this amendment to her original motion. Commissioner SNOW offered a friendly amendment to add an additional handicapped space and that the space be a van space. Commissioner SNOW stated she would vote against the motion because, while the city has been working on streetscaping plans, this is a cement block building with no requirements for paint, uniformity of fronts of buildings, nothing about the glass and nothing to make it an upgrading of Kipling. It is necessary to set a precedent toward improving Kipling. The motion passed 4-3 with Commissioners BRINKMAN, SNOW and COOPER voting no. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that consideration of the final development plan be continued to October 18,2001 and that the applicant consult with staff to bring in a design more in keeping with the new streetscape and landscaping standards. The applicant will also consult with the city arborist and neighbors to the rear regarding the ditch, irrigation of all plantings and proper placement of fence and that, as a preference, the landscaping be placed on the outside and the plan show a way to access and maintain that landscaping. Commissioner COLLINS expressed concern about the sidewalk being placed immediately adjacent to Kipling. Chair McNAMEE expressed concern that the application was in process prior to adoption of the streetscape requirements and the code provided that streetscape requirements should not apply in such cases. Alan White stated there was another section that provides if the applicant has preliminary or outline, but not final approval, that it must conform to the new regulations. The motion passed 6-1 with Chair McNAMEE voting no. Page 4 Planning Commission September 6, 2001 It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the consideration of a request for a subdivision plat for property located at 4240 Kipling Street be continued to October 18, 2001. The motion passed unanimously. B. Case No. ZOA-OI-03 (continued from August 16,2001): An ordinance amending Section 26-1004 of the Wheat Ridge Code of Laws pertaining to violations of the Zoning and Development Code. The staff report was presented by Alan White. Chair McNAMEE requested that some of the "legalese" be removed from the ordinance. It was moved by Commissioner COLLINS and seconded by Commissioner COOPER that Case No. ZOA-OI-03 be forwarded to City Council with a recommendation of approval with the following amendments: 1. In paragraph A, fourth line, the words "of said" be removed and in the fifth line the word "the" be changed to "these" and the word "hereof" be removed. 2. In paragraph C, the last word "hereof" be removed. The motion passed unanimously. 8. . OLD BUSINESS A. Case No. ZOA-OI-02 - An ordinance amending Sections 26-206, 26-207, 26-208, 26- 209,26-210,26-211,26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Alan White presented the staff report. There was discussion about commercial requirements. Commissioner SNOW expressed concern about the possible situation of having a deck on a commercial establishment next to a residential property. Alan White stated that, since this matter was not continued at the last meeting, it would be necessary to bring this case to a public hearing at the next Planning Commission meeting. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. ZOA-OI-02 be scheduled for public hearing with the following amendment: in Section 26-611 (b) the following words be added: "provided, however, that no encroachment to side or rear yard is allowed when adjacent to a residentially zoned property." The motion passed unanimously. B. Clear Creek Zonin~ - Commissioner Collins asked about the status of rezoning along Clear Creek. Alan White stated that a legal description needs to be prepared before an ordinance can be drafted. Page 5 Planning Commission September 6, 2001 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to adjourn the meeting at 10:20 p.m. The motion passed unanimously. !rjWJOfl fYl.eL):Ift\O 0 MARIAN McNAMEE, Chair a.~~ Ann Lazzeri, Reco ing Secretary Page 6 Planning Commission September 6, 2001