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HomeMy WebLinkAbout10/04/2001 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting October 4, 2001 ORIGiNAL 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7:30 p.m., October 4, 2001, in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinkman Jerry Collins Paulette Cooper Marian McNamee Philip Plummer Nancy Snow Janice Thompson Commissioner Members Absent: Paula Weisz Staff Members Present: Alan White, Planning Director Mary Austin, Planner Bob Goebel, Public Works Director Mike Garcia, Development Review Engineer Steve Nguyen, Traffic Engineer Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of October 4, 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 Commissioner SNOW stated that, due to lack of sufficient information on the case at this time, she would be offering a motion to continue Case No. WZ-00-09 and therefore did not want members of the audience to be required to sit through the hearing of agenda item A before she makes such a motion. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that the agenda be amended to have Item B, Case No. WZ-00-09, considered first on the agenda. The motion passed 7-0 with Commissioner WEISZ absent. Planning Commission October 4, 2001 Page 1 5. APPROVE MINUTES It was moved by Commissioner SNOW and seconded by Commissioner COOPER to approve the minutes of September 20, 2001 as presented. The motion passed 6-0, with Commissioner BRINKMAN abstaining and Commissioner WEISZ absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. WZ-00-09: An application submitted by John Elway AutoNation for approval of a preliminary and final development plan and final plat for property zoned Planned Commercial Development (PCD) and located at 3501 Wadsworth Boulevard for the purpose of operating an automotive dealership. It was moved by Commissioner SNOW and seconded by Commissioner COOPER that Case No. WZ-00-09, a request for approval of a preliminary and final development plan and final plat for property at 3501 Wadsworth Boulevard be continu'ed to the Planning Commission meeting of December 6 in order for the following issues to be resolved: 1. Approval from CDOT for the drainage report and plans. 2. Approval from CDOT for access onto Wadsworth. 3. Approval from CDOT for the Wadsworth Boulevard design. 4. The staff report to be amplified with the following information in order to have a full history before the Planning Commission hears the case: a. Minutes from the hearing when this property was denied. b. Subsequent lawsuit c. Minutes from the hearing where the lawsuit was settled with any conditions that were given that night for the approval. d. Minutes from the previous hearing at the Planning Commission. e. Minutes of all hearings before the Board of Adjustment and then before the City Council. Commissioner BRINKMAN offered a friendly amendment to add to the requested information any city-sponsored reports regarding impact on water and drainage to the adjoining neighborhoods to the north, south, east and west, and that this information be available to the citizens. The amendment was accepted by Commissioners SNOW and COOPER. Dick Scheurer, attorney for the applicant, asked if the case could be continued without the applicant's consent. Alan White explained that the applicant's consent was not necessary. Commissioner BRINKMAN stated that she would like to see architectural features and the hydrological survey of 1998 that addressed the neighbors' concerns included in the next report. She stated that she would vote against the motion to continue because she believed the applicant should be able to hear the neighbors' concerns this evening in order to address those concerns. Page 2 Planning Commission October 4, 2001 The motion passed 6-1 with Commissioner BRINKMAN voting no and Commissioner WEISZ absent. (Chair McNAMEE declared a brief recess at 7:42 p.m. in order to allow members of the audience to leave the chambers. The meeting was reconvened at 7:50 p.m.) B. Case No. SUP-OI-03: An application submitted by Mile High Java for approval of a Special Use Permit to allow a drive-through espresso kiosk on J?roperty zoned Planned Commercial Development (PCD) and located at 7340 West 44 Avenue. This case was presented by Alan White. He reviewed the staff report, presented slides and overheads of the subject property and entered all pertinent documents into the record. The documents were accepted by Chair McNAMEE. Mr. White informed the Commission 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 Chair McNAMEE, Mr. White stated that the applicant did not wish to operate his kiosk on Sundays. Commissioner BRINKMAN expressed concern about the visibility of the curb cuts on 44th Avenue as well as on Upham. She suggested painting the curb cuts or delineating them in some way. Commissioner COOPER asked what would happen to the kiosk if the property should be developed. Alan White stated that this would be a matter between the owner of the property and the applicant. He also stated that the kiosk should not result in increased traffic in the area. Willis W odnik 965 East 78th Place, Thornton Mr. Wodnik, the applicant, was sworn in by Chair McNAMEE. In response to questions from Commissioner THOMPSON, Mr. Wodnik explained that the kiosk would have pressurized tanks for fresh water and tanks to hold gray water. Arrangements have been made with the Stage Stop Antique Mall for kiosk employees to use the Mall's bathroom facilities. In response to a question from Commissioner SNOW regarding landscaping, Mr. Wodnik stated there would be small pine trees placed in front ofthe kiosk. In response to a question from Commissioner BRINKMAN regarding a power source for the kiosk, Mr. Wodnik explained that power would be pulled from the power pole and trenched to the kiosk. In response to Commissioner BRINKMAN's concerns about the curb cuts, Mr. Wodnik stated he would apply directional arrows to the curb cuts. Planning Commission October 4,2001 Page 3 , In response to a question from Chair McNAMEE, Mr. Wodnik stated that he would prefer not to have a restriction for Sunday hours even though he does not plan to operate on Sundays at this time. Sam Peila 965 East 78th Place, Thornton Mr. Peila was sworn in by Chair McNAMEE. He spoke in favor ofthe application. Tony Leenknecht 4420 Allison, Wheat Ridge Mr. Leenknecht was sworn in by Chair McNAMEE. He is the owner of the kiosk company and spoke in favor of the application. Chair McNAMEE asked if others were present to address the Commission. Hearing no response, she declared the public hearing closed. It was moved by Commissioner COOPER and seconded by Commissioner SNOW that Case No. SUP-OI-03, a request to allow a drive-through espresso kiosk on property zoned Planned Commercial Development located at 7340 West 44th Avenue, for the following reasons: 1. There will be no detrimental effect on the surrounding neighborhood. 2. The use will not contribute to blight in the neighborhood. 3. The use will not adversely affect the supply ofIight or air to adjacent property, nor cause significant air, water or noise pollution. 4. The use is consistent with the Comprehensive Plan. 5. The use will not result in traffic congestion or unsafe parking or load. There will be minimal traffic conflicts. 6. The use will not overburden utilities. 7. The number of parking spaces which could be impacted by this use does not decrease the required parking below the City's standard. With the following conditions: 1. The special use permit be a personal grant of use to Mile High Java. 2. Directional pavement arrows and lane lines be affixed to the pavement to guide vehicles. 3. Hours of operation be limited to Monday through Friday, 6:00 a.m. to 9:00 p.m., Saturday from 7:00 a.m. to 9:00 p.m., and Sundays from 7:00 p.m. to 7:00 p.m. 4. Signage on the building facades shall remain unlighted when the kiosk is closed. Commissioner SNOW offered an amendment to the reasons: (1) It could fill a need for this kind ofservice for customers ofthe antique store and travelers along 44th Avenue. The amendment was accepted by Commissioner COOPER. Planning Commission October 4, 2001 Page 4 Commissioner BRINKMAN offered an amendment to the conditions as follows: Some kind of directional arrows or markings will be affIXed to the two closest access points; one from Upham and one from 44th Avenue. The amendment was accepted by Commissioners COOPER and SNOW. The motion passed 7-0 with Commissioner WEISZ absent. C. Case No. ZOA-OI-06: An ordinance amending Section 26-628.D of the Wheat Ridge Code of Laws pertaining to the 1500 feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat, trailer and equipment sales, rental and storage lots in the City. This case was introduced by Alan White. He stated that a temporary use permit was provided to a certain landowner several years ago for the purpose of storing some vehicles on an adjacent piece of property that he owned. The Board of Adjustment granted the TUP in order for the owner to come in and apply for rezoning of the A-I zoned property. A change was made to Chapter 26 over a year ago that deleted the ability to get a one-year temporary use permit. Last year, during the rewrite of Chapter 26, the 1500 limit was extended from automobiles to other uses as listed above. This prevented the landowner from applying for rezoning. There is also another person interested in rezoning in the same situation. City Council discussed this matter at a study session and directed staff to write an ordinance which would address this situation. At its last meeting, Planning Commission indicated a strong desire to leave the code as it is presently written. In answer to a question from Commissioner SNOW, Alan White stated that the land owner in question is Ketelsen Campers. There is another possible situation on the east side of 35th and Wadsworth. It is proposed to repeal portion of the ordinance relating to the storage of recreational vehicles for a period of time and then revert back to the original code. Commissioner COOPER questioned the fairness of doing this for one or two people. In answer to a question from Chair McNAMEE, Alan White stated that the temporary use for Ketelsen Campers was issued in 1996, however the TUP was not renewed each year even though the property was used for storage. Commissioner SNOW asked if the city receives sales tax from recreational vehicles. Alan White stated that the city only receives sales tax on non-licensable recreational vehicles. Commissioner THOMPSON asked if there were any consequences for the landowner when vehicles were being stored illegally. Alan White stated that monitoring was infrequent due to a high turnover in staff during that time. Commissioner THOMPSON expressed concern about relaxing the code for certain individuals especially when illegal storage has occurred. Randy Ketelsen 9870 West 1-70 Service Road South Mr. Ketelsen was sworn in by Chair McNAMEE. He stated that he has been in business in Planning Commission Page 5 October 4, 2001 Wheat Ridge for sixteen years. The ordinance requiring the 1500-foot separation was a surprise to him when he came in to apply for rezoning and he believes the intent of the ordinance was to prevent a long row of businesses with the types of products listed. The ordinance does not address situations "as the crow flies" which is the case for his property. The property is not even on the same street from the closest similar business. The 2-acre piece of property in question does not have access from any street in Wheat Ridge. The only access to this property is through his other property. The only adjacent neighbor is Pennington Elementary and the property is screened by fencing. In response to a question from Commissioner SNOW, Mr. Ketelsen stated that he received a TUP from the Board of Adjustment in 1997 and again in 1999. He stated the city staff advised his attorney not to apply for rezoning until he was through assembling all of his property. Mr. White stated that he had not met with Mr. Ketelsen's attorney, but his advice would have been for the applicant to go to the Board of Adjustment for another TUP. Commissioner COOPER stated that while she understood Mr. Ketelsen's dilemma, she expressed concern that revising the ordinance in this situation would set a precedent. Commissioner SNOW expressed concern that there is an impression that the staffhas condoned this situation and asked if there have been efforts on the part of the City to develop the Chado property. If so, storage of vehicles on the subject property could affect the depth of the property and hinder the possibility of developing sales tax revenue for the Chado property. Alan White stated that the Chado property is zoned A-I and would have to be rezoned. The Comprehensive Plan shows this property as commercial and residential. Commissioner SNOW commented that she didn't think the staff would be encouraging storage on the subject property while at the same time attempting to develop the entire Chado site. Roger Loecher 4599 Carr Street Mr. Loecher was sworn in by Chair McNAMEE. He addressed the Commission regarding his vacant lot at the northeast corner of 35th and Wadsworth. He was in the process of developing this property when he learned of the new 1500-foot law. He planned to build a 5,700 square foot building. He planned to rent 3,700 feet to a luxury car rental business. Fifteen cars would be stored inside the building and five would occasionally be stored outside. His dilemma is that his property is located 400 feet from a auto sales lot. He went to City Council study session where it was suggested he apply for a special use permit. He expressed his opinion that the purpose of city staff, city council and other city commissions should work together to make changes to increase economic development within the city. He spoke in favor of changing the ordinance. In response to a question from Commissioner COOPER, Mr. Loecher stated that the car rental business would pay a use tax to the city. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the Planning Commission make a strong recommendation to City Council that this ordinance not be passed; that the 1500-foot separation was logically designed and passed Page 6 Planning Commission October 4, 2001 to bring in more attractive business which would bring in greater retail sales tax revenue; and, further, ordinances which are beneficial to the city as a whole should not be repealed, even temporarily, for the benefit of one or two property owners. In addition, in regard specifically to the Ketelsen property, if the city makes it possible for that particular piece of property to be used for storage of recreational vehicles, it severely limits the possible future commercial development of the remainder of the Chado property frontage on Kipling. The motion passed unanimously. 8. OLD BUSINESS There was no old business to come before the Commission. 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 9:25 p.m. The motion passed unanimously. ~ O.o((O/) /h CA. 7(il./1f.fL'<---- ARIAN McNAMEE, Chair 1 Planning Commission October 4, 2001 Page 7