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HomeMy WebLinkAbout03/16/2006 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting March 16, 2006 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McMillin at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th A venue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinkman Jim Chil vers John McMillin Phil Plummer Jerry Scezney Cassie Spaniel Kim Stewart Scott Wesley Staff Members Present: Alan White, Community Development Director Meredith Reckert, Sr. Planner Gerald Dahl, City Attorney Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of March 16,2006. A set of these minutes is retained both in the office ofthe City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner PLUMMER and seconded by Commissioner STEWART to approve the order of the agenda as presented. The motion passed unanimously. 5. APPROVAL OF MINUTES - March 2, 2006 It was moved by Commissioner BRINKMAN and seconded by Commissioner SPANIEL to approve the minutes of March 2, 2006 as presented. The motion passed 7-0 with Commissioner SCEZNEY abstaining. 6. PUBLIC FORUM Claudia Worth 4650 Oak Street Planning Commission March 16,2006 Page 1 Ms. Worth addressed the Commission to remind them that they do not have to always adhere to motions suggested by staff. 7. PUBLIC HEARING A. Case No. WZ-05-10 (Continued from 2-2-06): An application filed by Michael G. Pharo Associates for approval of a rezoning from Residential-Two to Planned Commercial Development and approval of an outline development plan for property located at 7495 West 29th Avenue. Prior to presentation of the case, Commissioner WESLEY asked if he would be able to participate in the decision on this case since he was not present at the February 2, 2006 meeting when the case was first scheduled. Mr. Dahl advised Commissioner WESLEY he could participate in this hearing since no testimony was given on February 2, 2006. This case was presented by Meredith Reckert. Since this case was continued from an earlier date, she advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. She referred to a grouping of letters from individuals living on Webster Street, and labeled as Exhibit 7 in the packet, and commented that these would meet the provisions for a legal protest. In response to questions from Commissioner SCEZNEY, Ms. Reckert stated that the neighborhood is opposed to any businesses that would be open past 10:00 p.m. Michael Pharo 2835 W. Oxford Avenue, #6, Englewood, CO Mr. Pharo, land planning consultant for the applicant, was sworn in by Chair McMILLIN. He stated that a deed restriction would be in place to maintain in perpetuity the mansion with a 10- foot perimeter. Even though the chapel is not historic, an attempt would be made to find a use for it in the development. Retention of the sunken gardens would be problematic since the chapel is built in the middle of it and the required access location from 29th A venue would impact it as well. A 20-foot dedication would be provided for the Wadsworth widening. In addition to that dedication, the applicant would build an extra lane on Wadsworth to the end of the property to allow for turn movements as well as a bus pad. The pergola would also be retained and relocated or reconstructed to various locations on the property and a six-foot solid fence would be built along the east and the north sides of the property. The 25-foot right-of- way to the north of the property would become a "no man's land" unless a street vacation takes place. The site data table and schematic plan are flexible and could go up or down from the 30,000 square feet. In conclusion, he stated the submittal meets the intent of the Comprehensive Plan, the goals and objectives the Community Development Department, and a development compromise that meets the goals of the historical society to save the mansion. Bruce McLennan 677 S. Colorado Boulevard, Denver, CO Mr. McLennan was sworn in by Chair McMILLIN. He entered into the record, and provided copies for each Commissioner, drawings and perspectives of the proposed development. The buildings would be single story retail with front and back door parking. These buildings would Planning Commission March 16, 2006 Page 2 house neighborhood service-type businesses. The developer and staff agree that the pedestrian link is important to the development and would be a neighborhood amenity. The pergola would be integrated into the design. Access from 29th Avenue would give automobile flow through the project onto Wadsworth. In response to a question from Commissioner WESLEY, Mr. McLennan stated there was a small error on the drawing regarding omission of the fence along the eastern property line and the applicant would not be removing any portion of any existing fence. Andrew Miller 200 Spruce Street, Denver, CO Mr. Miller, one of the owners of the property, was sworn in by Chair McMILLIN. He stated that he had 27 years experience in retail development and the property was purchased based on the fact that Wadsworth Boulevard and Colorado Boulevard are the two best retail streets in the Denver area. The proposed development would be a low impact site that would fit in with the city's comprehensive plan designation. He stated he was unaware of any plans to designate the Olinger mansion as a historic structure when he purchased the property. In order to meet a compromise with those wanting to save the structure, he and his partner have agreed to keep the mansion and would also like to incorporate the chapel into the development. It would be necessary to move the pergola when Wadsworth is widened. However, upon examination of the condition of the pergola, it has been determined that it may not be possible to move it intact to another location on the property. Keeping the mansion as a landmark in perpetuity presents a hardship and he would like to be able to utilize the remainder of the site. Therefore, the farm house and barn structures would be removed. The project would not be a strip mall or one large structure, but a quaint neighborhood-type use. Commissioner BRINKMAN expressed concern about "tavern" under the list of allowed uses. She stated that she would have no problem with a restaurant that serves liquor. Mr. Miller replied that this is also the type of business they would prefer rather than a straight tavern business that would be open until 2:30 in the morning. Commissioner BRINKMAN asked why office use was not considered for this site. Mr. Miller replied that this site lends itself well to neighborhood type businesses and there is also a seven- year supply of office space in the Denver area right now. In response to a question from Commissioner CHIL VERS, Mr. Miller stated that, at this point, he is thinking of having three to five retail businesses on the site. He further stated that the site would accommodate required parking. (Chair McMILLIN declared a brief recess at 8:35 p.m. The meeting was reconvened at 8:40 p.m.) Ed Eastman 2900 Vance Street Mr. Eastman was sworn in by Chair McMILLIN. He expressed opposition to the rezone. He referred to a court decision in the 1970's which required the city to return the zoning of this property to R-2 with the mortuary and chapel remaining as nonconforming uses. One of the Planning Commission March 16, 2006 Page 3 court's findings was that a commercial zoning on this property would depreciate home values in the neighborhood. The court further found that the rezoning to commercial was unconstitutional and constituted spot zoning with no relationship to the master plan. He concluded by stating that nothing has changed in the neighborhood since then. He submitted a copy of the court findings into the record. Joyce Ford 2990 Vance Street Ms. Ford stated from the audience that she is opposed to the rezone. Suzanna Wilson 2915 Webster Ms. Wilson stated from the audience that she is opposed to the rezone. Donald Wilson 2915 Webster Mr. Wilson stated from the audience that he is opposed to the rezone. Heidi Marfil 2900 Webster Street Ms. Marfil was sworn in by Chair McMILLIN. She stated her opposition to the rezone and expressed concern that a zone change would bring crime into the area. In response to a question from Commissioner STEWART, Ms. Marfil stated that she would like to see a church, duplexes, homes or office buildings built on that comer. Louise Canjar 3055 Webster Street Ms. Canjar was sworn in by Chair McMILLIN. She stated her opposition to the pedestrian access from the neighborhood because it would add traffic in the neighborhood. She did not believe a six-foot fence was an adequate buffer between the development and the adjacent residences to the east. Catherine Snyder 2995 Webster Street Ms. Snyder was sworn in by Chair McMILLIN. She stated opposition to the pedestrian access because her home is located right at the end of the proposed access. She also opposed the proposed seating area that would be located twenty feet from her house. She expressed concern that there is no guarantee as to what types of business would be built on this property. She suggested that the development be comprised of businesses that would be open from 8:00 a.m. to 5:00 p.m., Monday through Friday. Jill Blasco 3045 Vance Street Ms. Blasco was sworn in by Chair McMillin. She expressed opposition to the rezone on the basis there is no need for more commercial property along Wadsworth. She listed in detail several vacant commercial properties along Wadsworth from 1-70 to 32nd Avenue. Planning Commission March 16, 2006 Page 4 Commissioner BRINKMAN asked Ms. Blasco what she would like to see built on this property. Ms. Blasco stated that she would like to see the property used as a museum and park. Dennis and Norene Lee 3070 Upham Court Both expressed their opposition to the rezone from the audience. Claudia Worth 4650 Oak Street Ms. Worth was sworn in by Chair McMILLIN. She stated that the Colorado Historical Society placed the Olinger house on its historic survey in February 24, 1998. She suggested the following amendments to the plan: . Neighbors to the north of the Olinger property should have the 25-foot right-of-way vacated and returned to their properties. . A concrete block wall should be built between the development and the east and north sides of the property. This wall should be topped with iron estate fencing to ease neighbors' concerns about vandalism. . The access gate, shrubs and seating areas should be removed from the northeast comer of the property to prevent employee parking in the neighborhood. . The pergola should be reconstructed to its original look over the sidewalk along Wadsworth to be built by the developer. . The chapel should be removed and the sunken gardens restored. . Any trees removed should be replaced with the same type of trees. In response to a question from Commissioner BRINKMAN, Ms. Worth stated that she was speaking on behalf of the Wheat Ridge Historical Society. She also stated that the farm house and barn have been offered by the owner to a nonprofit agency. Commissioner McMILLIN asked if she would support the rezoning if her suggestions were met. She replied that she could not make a commitment one way or another until she sees the final development plan. Mark Rodman 333 West Colfax, Denver Mr. Rodman was sworn in by Chair McMILLIN. He is Executive Director of Colorado Preservation, Inc. He commended the city staff, developer and historical society for working together to save the Olinger mansion. He stated that the grounds are important to a historical structure and the sunken gardens are important from a historic standpoint. Oresta Hannigan 8705 West 67th Place Ms. Hannigan was sworn in by Chair McMILLIN. She is a licensed real estate broker and residential appraiser. She stated that someone called her to ask her opinion on the effect of the proposed development on real estate values. She estimated that real estate values would drop about 10% and the houses directly adjacent to the development would drop even more. Planning Commission March 16, 2006 Page 5 Bob Olson 5050 Raleigh Street Mr. Olson was sworn in by Chair McMILLIN. He discussed the need for following standards set forth by the Secretary of Interior in regard to saving historic structures. He asked the Commission to insist on the inclusion of these standards for preservation, rehabilitation, restoration and reconstruction of the house, the pergola and landscape elements on the south side of the property. Louise Turner 11256 West 38th Avenue Ms. Turner was sworn in by Chair McMILLIN. She expressed opposition to the rezoning. She suggested a moratorium on commercial zoning and development until the city has had time to analyze the amount of vacant commercial buildings in the city. She didn't believe Wheat Ridge needs more commercially zoned land. She suggested that new businesses could utilize vacant commercial buildings already existing in the city. It is important to preserve residential areas and she suggested that unused commercial properties be rezoned to low density residential. Rental properties result when homeowners decide to move when commercial development takes place close to their properties. It is important to give consideration to existing homeowners in the area. Commissioner STEWART asked what Ms. Turner would like to see done with the property. Ms. Turner suggested using the property for weddings and special events. Whatever takes place on the property, she stated that adequate buffering for the neighbors is necessary. Kevin Green 2960 Webster Street Mr. Green was sworn in by Chair McMILLIN. He spoke in opposition to the rezoning. The 2020 Plan calls for attraction of strong households to Wheat Ridge. The neighborhood adjacent to the subject property is comprised of strong households and is attracting more. He also expressed concern about the pedestrian access from the neighborhood which would result in customers and employees parking in the neighborhood to use the access to the shopping area. He also expressed concern that it could be a gathering place for homeless people. Martin Green 7385 West 28th A venue Mr. Green was sworn in by Chair McMILLIN. He referred to city's zoning standards which set forth conditions that must be satisfied in cases of rezoning and stated there are several conditions that are not satisfied in this case. His understanding of the zoning criteria is that all of these conditions must be satisfied in order to have a rezoning. He also commented that there is more to consider in this case than the sales tax revenue to be generated. This development would reduce residential property values. Commissioner McMILLIN asked if it is true that all standards must be met before a rezoning can occur. Mr. Dahl stated that this has not been true in practice. Janelle Shaver 8890 West 35th Avenue Planning Commission March 16,2006 Page 6 Ms. Shaver was sworn in by Chair McMILLIN. She expressed opposition to the rezone on the basis that it represents spot zoning. She presented two photos of the property as it looked in 1925. She entered into the record some historical information on George Olinger and Article 9 of Section 26 regarding historic preservation. She suggested leaving the pergola where it is because her understanding from CDOT is that this portion of Wadsworth will not be widened for many years. She also suggested that building materials for new development match the existing structures. She asked the Commission to consider their neighbors who live in this area when voting on this case. Nancy Griffith 7130 West 29th Place Ms. Griffith was sworn in by Chair McMillin. She spoke in opposition to the rezone and asked the Commissioners to consider whether or not they would like to have this type of development in their neighborhoods. She believed the proposed use would only benefit the developer and that it is important to retain affordable residential property in the city. She commented that it seemed the city administrator and city employees want to have a coffee shop, dry cleaners, and restaurant across the street for their convenience and are justifying it by calling it sales tax revenue. She did not believe this is an appropriate location for commercial development because it would be detrimental to the neighborhood. She stated the city needs more open space and should revitalize existing vacant commercial areas. She presented a complete copy of her comments to be made part of the official record. There were no other individuals present who wished to address the Commission. Chair McMILLIN invited the applicant to comment. Mr. Miller stated that he had nothing to add. Commissioner CHIL VERS asked Mr. Miller why this site would be better than utilizing a vacant commercial property. Mr. Miller stated that what he is proposing would be appealing to retailers and provide neighborhood services. He stated that the proximity to Wadsworth is important to retail business and that well conceived retail space along Wadsworth is occupied. Those properties that are ill conceived are vacant. Commissioner BRINKMAN asked Mr. Miller if he would be agreeable to following the standards of preservation mentioned by Mr. Olson. Mr. Miller replied that those standards are rather nebulous and he would not agree to following them. He stated that he has already agreed to preserve the mansion. Commissioner CHIL VERS asked about the pedestrian connection. Mr. Miller replied that this was a directive from the staff and the consultant. He suggested that it is important to decide which parameters are real and which are not real and then act accordingly. Commissioner STEW ART asked why staff was asking for the pedestrian connection. Alan White replied that this development attribute is addressed in the comprehensive plan and the architectural and streetscape manual. He stated that the staff thought this was a good design for the neighborhood but it doesn't have to be a part ofthe plan. Planning Commission March 16,2006 Page 7 Chair McMILLIN closed the public hearing. It was moved by Commissioner PLUMMER and seconded by Commissioner CHILVERS to recommend denial of Case No. WZ-05-10, a request for approval of a zone change from Residential Two to Planned Commercial Development and for approval of an Outline Development Plan for property located at 7495 West 29th A venue for the following reasons: 1. There is no reason to expand commercial land use area in Wheat Ridge. Wheat Ridge must develop the commercial areas we have and not devalue existing uses. 2. This request would create an isolated spot zone. 3. This request would not benefit the neighbors. 4. The neighborhood objection is enough to constitute a legal protest. 5. Adjacent landowners would not support this project. Commissioner WESLEY commented that he did not think these reasons would stand. Denial of the application could result in an empty unused property or more rental properties. The Comprehensive Plan and the 2020 Plan are guidelines and this property is an example of what variances in our code provide. Commercial development is a viable option for this property. It would benefit the city to have a useful alive development that would also bring in some revenue. The Wadsworth corridor will be built and this gives an opportunity to shepherd development the way we would like. Further, the developer has made concessions on this property. He expressed concern that if this case is denied, the property could remain vacant and fall into disrepair and attract less desirable activity around the property. Commissioner BRINKMAN stated that she appreciated the public's comments. She did not believe properties along Wadsworth are going to change. Spot zoning already exists along Wadsworth and works well in some cases. She cited the State Beauty Supply building on Wadsworth as an example. She stated that she believed the plan would work very well on this property. Commissioner PLUMMER commented that State Beauty Supply was closer to 38th and believed the city should concentrate on the 38th and Wadsworth area. He suggested that the mansion could be used for offices and residential units could be built on the remaining property. Commissioner STEW ART stated it is very important to retain the mansion and remove the pedestrian connection. She also commented that building twelve duplexes on this property would result in potential rentals. Commissioner SCEZNEY stated he would vote for denial because he is a firm believer that it is not necessary for all of Wadsworth to be commercial. He stated that he wished to provide consistency with the neighborhood and preservation of the historical property. Commissioner McMILLIN commented that the plan is a well designed project, well buffered from the neighborhood and provides for preservation of the mansion. However, this project Planning Commission March 16,2006 Page 8 would result in spot zoning and there is a surplus of commercial property in the city. He supported a moratorium on commercial zoning. The motion passed 6-2 with Commissioners WESLEY and BRINKMAN voting no. B. Case No. WZ-OS-12: An application filed by Jim Blumenthal for Skitzo Offshore, LLC, for approval of an amended Planned Commercial Development outline development plan and approval of a final development plan for property located at 4651 Tabor Street. C. Case No. MS-OS-OS: An application filed by Jim Blumenthal for Skitzo Offshore, LLC, for approval of a final plat for property located at 4651 Tabor Street. Staff recommended a continuance of Cases WZ-05-12 and MS-05-05 until April 6, 2006 It was moved by Commissioner WESLEY and seconded by Commissioner SPANIEL to continue Cases WZ-OS-12 and MS-OS-OS to the meeting of April 6, 2006. The motion passed 8-0. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS . Election of Officers - Commissioner WESLEY was elected chairman and Commissioner SCEZNEY was elected vice-chairman. . Special Plannilll! Commission Meeting - Alan White advised the Commission that a special meeting would be held on March 30, 2006 to discuss the Three-Mile Plan. 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 PLUMMER and seconded by Commissioner McMILLIN to adjo the meeting at 11:58 p.m. . ( " /7 (?1 ~~.. Ann Lazzeri, Recordin Planning Commission March 16,2006 Page 9