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HomeMy WebLinkAbout11/15/2001 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting November 15, 2001 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McNAMEE at 7:30 p.m., November 15,2001, 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 Philip Plummer Nancy Snow Janice Thompson Paula Weisz Commissioner Members Absent: Aune Brinkman Staff Members Present: Alan White, Planning Director Travis Crane, Planner 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 November 15,2001. A set of these minutes is retained both in the office ofthe 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 order ofthe agenda. The motion passed 7-0 with Commissioner BRINKMAN absent. 5. APPROVE MINUTES It was moved by Commissioner COOPER and seconded by Commissioner SNOW to approve the minutes of November 1, 2001 as presented. The motion passed 6-0 with Commissioner THOMPSON abstaining and Commissioner BRINKMAN absent. 6. PUBLIC FORUM There was no one to appear before the Commission. Planning Commission November 15,2001 Page 1 7. PUBLIC HEARING A. Case No. WZ-OI-07 (continued from November 1, 2001): An application submitted by Semper Development for approval of a final development plan and subdivision plat for property located at 12700 West 32nd Avenue. The case was presented by Travis Crane. He reviewed the staff report and presented slides and overheads of the subject plan. All pertinent documents, including copies of minutes from the October 18, 2001 Planning Commission meeting, were entered into the record and accepted by Chair McNAMEE. Copies ofthe October 18 minutes were provided to Commission members. He advised that all notice and posting requirements had been met and there was jurisdiction for the Commission to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. Commissioner THOMPSON expressed concern about increased pollution from idling cars in the drive-through facility. Chair McNAMEE questioned the traffic entrance onto Y oungfield. Mike Garcia stated that the entrance is planned to be right-in and right-outand will be shown on the civil plans. Steve Nguyen stated that an island barrier in this area will not be possible until adjacent properties are developed. Brenda Godfrey Brenda Godfrey, representing the applicant, was sworn in by Chair McNAMEE. She presented site plans and artist renderings of the proposed development. She stated that Walgreens has agreed to limit trash pick-up hours between 7:00 a.m. and 7:00 p.m. and to limit building height to 27 feet. She reviewed plans for the drive-up window which is designed to provide customer convenience in cases of physical disabilities, parents with sick children, late-night emergency prescription pick -up, etc. She stated that limiting hours of operation for the drive-through, as proposed at the previous Planning Commission meeting, would provide a real hardship for Walgreens and asked the Commission to reconsider this matter. She also presented drawings showing the elevations between the drive-through facility and the adjacent homes. It is planned to have a 6- foot cedar fence along with landscaping to provide a buffer in this area. Commissioner COLLINS suggested that a masonry fence would be better than a cedar fence. Ms. Godfrey stated that masomy fences are much more expensive than cedar and she assured the Commission that Walgreens will keep the cedar fence in very good condition. Commissioner SNOW asked ifthe Walgreens at 44th and Wadsworth had 24-hour service and, if so, suggested that customers could use this facility for emergencies. Ms. Godfrey stated that she did not know the hours of operation for the 44th and Wadsworth store. In response to concern expressed by Chair McNAMEE regarding traffic access from Y oungfield, Steve Nguyen stated that signs will be utilized until such time as a traffic island can be installed on Youngfield. Installation of the island will take place when adjacent properties are developed in the future. Planning Commission November 15,2001 Page 2 Joseph Bailey 12655 West 31st Avenue Mr. Bailey was sworn in by Chair McNAMEE. He stated that his property abuts the Walgreens property on the south. He urged the Commission to approve the project. It would not only positively affect the city's tax base but would bring beauty to an area that is presently a dump. He stated that he was also speaking for three other property owners to the south of the proposed project. In response to a concern earlier expressed about increased pollution from the drive- through facility, he stated that this would be extremely minor in comparison to the pollution already present from 1-70 and Y oungfield. Commissioner COOPER asked if Mr. Bailey had contacted neighbors to the east. He stated that, because of the location, he had little contact with neighbors on the east, but had not heard negative comments about the project from any neighbors he had talked with. Commissioner THOMPSON stated that, even if hours for the drive-through were restricted, cars could still drive through the area before realizing the window was closed. Chair McNAMEE expressed her approval of the drive-through facility because it would be beneficial for customers with sick children and emergency prescription pick-up. It would also provide safety for customers picking up prescriptions late at night. Commissioner PLUMMER stated he would vote in favor of the application because he felt the architects had addressed concerns regarding buffering between the proposed store and neighbors to the east. Commissioner SNOW stated that she would vote against the application because the Comprehensive Plan prohibits drive-through facilities in this area. She did not believe a drive- through facility would be that useful to customers, especially if there is another store in Wheat Ridge with the same service. It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW that Case No. WZ-OI-07, a request for approval of a final development plan, for property located at 12700 West 32nd Avenue, be approved for the following reasons: 1. There will be an increased economic benefit to the city. 2. The development standards meet or exceed the requirements of the Preliminary Development Plan. 3. The use is consistent with the Preliminary Development Plan. 4. The redevelopment will improve existing blighted conditions. 5. There will be an increase of service and convenience to the surrounding neighborhood. With the following conditions: 1. Approval is contingent upon City Council approval of the Preliminary Development Plan. 2. The non-living landscaping be reduced to a maximum of twenty percent. Planning Commission November 15,2001 Page 3 3. Lighting on the east side be limited to recessed lighting under the canopy only. 4. Signage on the east side of the building shall be deleted or prohibited. Commissioner SNOW requested an amendment to include a fifth condition to provide for a right-in and right-out access only onto Y oungfield. The amendment was accepted by Commissioner PLUMMER. Commissioner SNOW commented that the hours of operation of the drive-through facility are limited on the present plan to 7:00 a.m. to II :00 p.m. She stated that she would vote in favor of the application if the time limitation stays. Commissioner THOMPSON requested an amendment to the fourth condition to add the words "south side" in addition to the east side. The amendment was accepted by Commissioner PLUMMER. Commissioner THOMPSON moved and Commissioner PLUMMER seconded that the second note on the development plan be amended to allow the drive-through window to be open for a 24-hour period. The motion passed 6-1 with Commissioner SNOW voting no and Commissioner BRINKMAN absent. A vote was taken on the main motion which passed 7-0 with Commissioner BRINKMAN absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-OI-07, a request for approval of a final subdivision plat for property located at 12700 West 32nd Avenue, be approved for the following reasons: 1. The plat is consistent with the standards and requirements in Chapter 26. With the following condition: 1. The access easement which serves the cell tower be relocated so as to provide continued access to the lessees, that the subdivision plat be redrawn and approved by the staff prior to being recorded with the county, and if there is any disagreement about the access relocation, it will come back to Planning Commission. The motion passed unanimously. B. Case No. MS-OI-03: Application by Jeff Scott for approval of a three-lot minor subdivision plat on property zoned Residential-One and located at 9733 West 32nd Avenue. The case was presented by Alan White. He reviewed the staff report and presented slides and overheads of the subject property. He entered all pertinent documents into the record and advised the Commission that proper posting and noticing procedures had been followed and there was jurisdiction to hear the case. Staff recommended approval for reasons and with Page 4 Planning Commission November 15,2001 conditions as outlined in the staffreport. He entered into the record a letter dated October 9, 2001, from Kim Tomlinson, 9625 West 32nd Avenue, expressing concern about the possibility of the 10ss of evergreen trees on her property which borders the proposed subdivision. Commissioner WEISZ asked if the proposed subdivision would aggravate drainage that is place for the existing subdivision. Mike Garcia replied that the drainage plan is more than adequate to handle drainage from the proposed development. In response to a question from Commissioner COOPER about the effect on Ms. Tomlinson's trees, Mr. White replied that this would be a question for the city forester. Commissioner PLUMMER commented that his experience indicates that a IS-foot setback should prevent any damage to the trees. There could, however, be a problem ifthe 10-foot utility easement were opened up to put utilities underground. Jeff Scott Mr. Scott, owner of subject property, was sworn in by Chair McNAMEE. Since all administrative and engineering requirements have been met, he requested approval of the application. John Gammon 3305 Independence Court Mr. Gammon was sworn in by Chair McNAMEE. He voiced opposition to the application based on his concern about drainage and that, with the high water table in the area, there could be water damage to existing residences as a result of the proposed development. Ron Roush 9845 West 34th Drive Mr. Roush was sworn in by Chair McNAMEE. He expressed concern about effects of drainage on the existing residences because there is already so much water in the area. He requested the city to look into a storm drain system that would go along the upside of the existing ditch rather than running along 35th Drive. Mike Garcia stated that Mr. Roush's suggestion was investigated however, Rocky Mountain Ditch refuses to accept storm drain water. He also stated that the drainage system will be in place and operative before actual development takes place. Kim Tomlinson 9625 West 32nd Avenue Ms. Tomlinson was sworn in by Chair McNAMEE. She expressed concern about 75-year-old evergreen trees along her property line that abuts the proposed development. Alan White stated that he would have the city arborist evaluate this situation. Robert English 9920 West 34th Drive Mr. English was sworn in by Chair McNAMEE. He suggested building a deeper trench along 34th Drive which would hold more water and release to the north. Page 5 Planning Commission November 15,2001 Daniel F. Schneider Mr. Schneider, engineer for the applicant, was sworn in by Chair McNAMEE. He stated that he believed the utilities along Ms. Tomlinson's property line are on overhead power lines that would remain in place and, further, the new homes should have a minimum of 30-foot back yards. He also stated that existing drainage system was designed assuming that some time in the future the area would be developed. In response to a question regarding liability for drainage from Commissioner COLLINS, Mike Garcia stated that the drainage engineer would be responsible for liability resulting from his plans. Eloise Newell 9870 West 34th Drive Ms. Newell was sworn in by Chair McNAMEE. She stated that she had been to all ofthe previous meetings and hearings on this application and had never heard any mention that the drainage system was in place to take on more drainage in the future. Mike Garcia commented that the engineer had to consider historic drainage from the north in his evaluations. Ms. Newell expressed concern that she understood the city had to payout approximately $100,000 to correct a drainage problem caused by one of the applicant's previous developments within the city. She objected to her tax money being spent this way. She also expressed concern that the subject development would cause water damage to existing properties. Daniel Schneider returned to the podium. He stated that eleven revisions were made to the original drainage plan before final approval by city engineers. Ron Roush returned to the podium to state that he is not opposed to the subdivision but wants to make sure that every precaution is taken to protect the existing homeowners. Robert English returned to the podium to express concern about liability for existing water or sewer lines. He checked with his insurance company who advised him to take out more insurance for possible broken lines from his house to the right-of-way because the developer's liability only exists up to the right-of-way. He expressed concern that it would be necessary for the developer to cut through thirty-three lines to install the drainage system. Chair McNAMEE asked if there were others who wished to address the Commission. Hearing no response, she closed the public hearing. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. MS-OI-03, a request for approval of a three-lot minor subdivision at 9733 West 32nd Avenue be approved for the following reasons. 1. The proposed subdivision meets several ofthe criteria of the residential site design requirements. 2. All minimum requirements of the R-l development standards have been met or exceeded. 3. All minimum requirements of the Subdivision Regulations have been met. Page 6 Planning Commission November 15, 2001 With the following conditions: 1. The site plan be made a second sheet of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation. 4. The developer contribute 5% ofthe land value as cash-in-Iieu ofland dedication for parks and recreation purposes. 5. The developer and city arborist work together to protect trees on the east side of the property at 9733 West 32nd Avenue. Commissioner SNOW offered an amendment to add the following words to the third condition: "and provide for maintenance of drainage structures and sanitary sewer improvements not in the city's right-of-way". The amendment was accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to add a sixth condition to provide that no building will take place until the drainage system is in place. The amendment was accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to add a seventh condition which would require the developer to pay for paving half of Iris Street abutting the subdivision. Commissioner THOMPSON asked if the city could legally ask the developer to pave half the street. Alan White stated that he believed this was a reasonable condition. The amendment was accepted by Commissioner THOMPSON. Alan White referred to the amendment to the third condition and commented that the sanitary sewer would eventually be the responsibility of Westridge Sanitation District. A vote was taken on the amended motion which passed 7-0 with Commissioner BRINKMAN absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Election of Officers: Janice Thompson was elected as Planning Commission chair and Nancy Snow was elected as vice-chair. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission November 15, 2001 Page 7 12. ADJOURNMENT It was moved by Commissioner COOPER and seconded by Commissioner COLLINS to adjourn the meeting at 10:00 p.m. The motion passed unanimously. /hcuio-#1 IY\cAJ0~ MARIAN McNAMEE, Chair ~ ecretary Planning Commission November 15,2001 Page 8