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HomeMy WebLinkAbout05/18/2006 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 18, 2006 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting ofthe Wheat Ridge Plaoning Commission was called to order by Chair Wesley at 7:00 p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Alan White introduced Sally Payne who recently joined the Community Development Department as a senior planner. 2. ROLL CALL Commission Members Present: Anne Brinkman Jim Chilvers John McMillin Phil Plummer Cassie Spaniel Kim Stewart Scott Wesley Commission Members Absent: Jerry Scezney Staff Members Present: Alan White, Community Development Director JeffHirt, Planning Technician Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set ofPlaoning Commission minutes for the public hearing of May 18, 2006. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department ofthe City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to approve the order of the agenda as presented. The motion passed unanimously. 5. APPROVAL OF MINUTES - April 20, 2006 It was moved by Commissioner McMILLIN and seconded by Commissioner SPANIEL to approve the minutes of April 20, 2006 as presented. The motion passed 6-0 with Commissioner BRINKMAN abstaining and Commissioner SCEZNEY absent. Planning Commission May 18, 2006 Page I 6. PUBLIC FORUM There was no one to address the Commission at this time. 7. PUBLIC HEARING A. Case No. MS-06-03: An application filed by Lucy Dinneen for approval of a 2-lot minor subdivision plat for property located at 5400 West 38th Avenue. This was case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. The applicant was not present for the hearing. John Montoya 3755 Benton Street Mr. Montoya was sworn in by Chair WESLEY. Mr. Montoya lives just south ofthe subject property and was concerned about the distance between any proposed buildings and his fence. He understood there was at ten-foot easement between his lot and the applicant's property. Charles Durbin 3703 Ames Street Mr. Durbin was sworn in by Chair WESLEY. He expressed concern that the application was in opposition to the city's redevelopment plan for the area and noted that the Urban Renewal Authority concluded at its March 21,2006 meeting that it was not consistent with the 38th Avenue redevelopment plan. He commented that it seemed to him the property was laid out for a subdivision before the auto parts building went up. Further, the lot is too small for a two- family dwelling and there is no curb cut. Cheng Ku 8534 East 28th Avenue, Denver Mr. Ku was sworn in by Chair WESLEY. Mr. Ku was the architect for the Advance Auto Parts store recently completed on the subject property. He clarified that the easement between the auto parts property and Mr. Montoya's property is five, rather than ten, feet. He stated that approximately three months ago, the applicant had expressed an intention to build a duplex on the property. Commissioner CHIL VERS stated that it appears this would remain commercial because nothing else seems to be definite at this time. In response to a question from Commissioner PLUMMER, Alan White explained that under existing zoning, the property owner could make application for a Planned Residential Development and write specific lot standards. There is also a charter provision that limits density. Planning Commission May 18, 2006 Page 2 Commissioner BRINKMAN stated that she would like to have more information about the proposed use and, although it is not required, she would have preferred to see a zoning change application. In response to a question from Commissioner McMILLIN, JeffHirt stated that Advance Auto Parts meets all parking requirements, and may have surplus parking spaces. Commissioner McMILLIN commented that he would like to see the applicant have the ability to develop the property as residential. Commissioner STEWART asked if the subject property could be used for auto repair. Alan White replied that auto repair would be a special use. Commissioner SPANIEL commented that she didn't see a good reason to vote against it. She did not believe it would be a good location for a small business. Commissioner WESLEY commented that the revitalization plan suggests that additional multi- family dwellings in the city be kept to a minimum and, therefore, any residential use of this property should be limited to a single-family dwelling. It was moved by Commissioner PLUMMER and seconded by Commissioner BRINKMAN to deny Case No. MS-06-03 on the basis that it is not appropriate to have a small commercial lot encroaching into the neighborhood. Commissioner BRINKMAN offered a friendly amendment to add to the reason for denial that the application does not meet the guidelines of the Comprehensive Plan and the neighborhood revitalization strategy for the city. Commissioner PLUMMER did not accept the amendment. Commissioner BRINKMAN moved to amend the motion to refer to the Urban Renewal Authority's coucern about subdividiug this property and the argument that the application is not compatible with the city's future redevelopment and revitalization plan. The motion died for lack of a second. The motion failed 4-3 with Commissioners CHILVERS, McMILLIN, SPANIEL and STEWART voting no. It was moved by Commissioner STEWART and seconded by Commissioner McMILLIN to approve the minor snbdivision request for the following reasons: (1) all requirements of the City's Subdivision Regulations have been met; and (2) all applicable development standards for the Commercial-One zone district have been met. The motion passed 4-3 with Commissioners BRINKMAN, WESLEY and PLUMMER voting no. B. Case No. WPA-06-02: A resolution adopting the Northwest Subarea Plan Alan White advised the Commission that in addition to required public notice, notice was provided to those individuals on a mailing list compiled from previous workshops held on the subarea plan. He then introduced Jeff Winston. Planning Commission May 18, 2006 Page 3 Jeff Winston Winston Associates 4696 Broadway, Boulder Mr. Winston reviewed the subarea plan which was prepared by his firm. The plan would amend the city's comprehensive plan for the northwest subarea only. Commissioner BRINKMAN noted some editorial inconsistencies in the report. Mr. Winston took note ofthese. Commissioner STEWART expressed concern about increased traffic on Tabor Street. Mr. Winston replied that it is not known at this time what the final scenario for Tabor Street would be. He commented that the most important connections would be east/west and it is planned to make 50th Avenue a through street. . Chair WESLEY asked to hear from members ofthe public at this time. Sharon Peterson 12360 West 49th Place Ms. Peterson submitted a written copy of her comments for the record. She expressed concern that the draft plan states that existing businesses would become nonconforming uses. She believed the plan would reduce property values and any development would be extremely expensive. She asked that further consideration be given to changing the Comprehensive Plan. She expressed concern that a grade separation on Ward Road would harm present and future businesses in that area. She suggested that adoption of the plan wait until RTD's plans for a transit station are actually finalized and the success of similar developments around the country are analyzed. Bob Harmsen 5025 Ward Road Mr. Harmsen expressed concern about auto and train traffic problems that already exist in the area. A through street would turn 50th Avenue into a racetrack. Development of properties in this area would be cost prohibitive. He was in favor of giving more consideration to the plan before it is approved. Erica Geiger 12208 West 50th Place Ms. Geiger expressed opposition to plan. She expressed concern about increasing traffic on 52nd Avenue because of the school in the area. She was also opposed for the same reasons stated by Bob Harmsen. John Geiger 12208 West 50th Place Mr. Geiger expressed his opposition to the plan. Planning Commission May 18, 2006 Page 4 John Cillessen 12220 West 52nd Avenue Mr. Cillessen also owns property on 49th Avenue and stated that he was strongly opposed to the plan. His family has owned this industrial property for many years and this plan would tie the hands of industrial property owners in the area. He asked that the plan be given more consideration until such time as RTD's plans are finalized. Ms. Calomino 4070 Dover Street Ms. Calomino is a member of Wheat Ridge 2020 but spoke as a Wheat Ridge citizen. She spoke in favor of the plan as a guiding document for the city and commended Winston Associates for development of the plan. The light rail station is a one-of-a-kind opportunity for the entire community and would create a vibrant entrance to Wheat Ridge. The plan has good traffic flow and street grids that would encourage future development. She believed current properties would increase in value as a result of the plan. The plan should be looked at from the perspective of what is good for the community as a whole. She did not believe the city charter should be the document to regulate density issues. She asked that the Commission recommend to City Council that these issues be addressed by the Comprehensive Plan, zoning code, and overlay districts. She commented that resistance to change because it is unfamiliar is unproductive. Byron Kelly 12681 West 49th Avenue Mr. Kelly expressed his opposition to the plan based upon critical access issues. The effects of a grade separation which would limit access to properties are not addressed in this plan. He has been employed for eleven years as a design engineer with the railroad and also RTD. He did not believe the railroad would be happy about an at-grade crossing at 50th Avenue due to the large amount of buses that would be using that crossing. He believed that design criteria should be included in the document and that more research should be done. He commented that the transit station is merely a possibility at this time and it would be good to wait until the environmental impact statement is completed. Bob Harmsen returned to podium. He expressed concern that adding roads in the area would result in small parcels that would be virtually undevelopable. There were no other individuals who wished to speak at this time. Chair WESLEY closed the public comment portion ofthe meeting. Commissioner PLUMMER commented that he believed adoption of the plan was premature and should be delayed until more engineering could be done by the railroad and RTD. Commissioner CHILVERS commented that it seems to be a good plan if the RTD station were a reality. The station would give impetus to development. He questioned whether approval could be given in anticipation of what RTD is going to do. Commissioner McMILLIN commented that the plan doesn't seem so premature because the Commission has already held hearings on the Jolly Rancher and Medved properties. Traffic Planning Commission May 18, 2006 Page 5 congestion is a reason for light rail. The status quo of the area is an underutilized light industrial area and light rail could bring improvement. Commissioner STEWART commented that this was a difficult decision due to her concern for property owners in the area. Individual rights versus community needs is a difficult balance to gain. A lot of the plan seems to be based upon speculation. Commissioner SPANIEL commented that ifRTD is coming to the area, it is important for the city to have a plan in place. Commissioner WESLEY stated that he would vote in favor of the plan. Approval of the plan would not be a commitment to anything that is not irreversible. The city needs to be in a position to shepherd growth in an economically viable way Alan White stated that the plan is not a regulation but a comprehensive master plan to serve as a guideline for future development. Existing landowners would still have rights under their zoning that could be enhanced by reducing parking requirements, etc. Waiting until an environmental impact statement (EIS) is completed is the wrong approach because the city should drive the plan rather than the EIS. The city won't have the ultimate say on a grade separation at Ward and railroad, but needs to be involved in the process. The area being cut up into parcels as mentioned by Mr. Harmsen would not happen until someone wished to subdivide after light rail is in place. Jeff Winston stated that the grade separation at Ward Road would not occur for some time and would occur because ofthe existing traffic situation and not necessarily because of future development. He and the city have been working closely with RTD and they are thinking that the Tabor Street crossing could be moved to the west. Colorado citizens are using light rail more than some parts of the country and more people are inhabiting urban settings. Extending and widening 50th Avenue would provide a much needed east/west connection. A pedestrian path would be provided for school children in the area. He stated that it is important to have a plan in place now for the future and commented that, as an example, the recent application for development of the Jolly Rancher property would have compromised many properties and precluded development in the area in a highly productive way. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to adopt Resolution 02-2006, a resolution recommending adoption of the Northwest Snbarea Plan, and forwarding this recommendation along with the Resolntion to City Council for consideratiou with attached whereases that the city needs to be proactive in planning for potential light rail development in this area and this plan has allowed flexibility and made allowances for interim uses until light rail arrives. The motion passed 7-0 with Commissioner SCEZNEY absent. A. Case No. WCA-06-01: An ordinance adopting amendments to the International Building Code, the International Residential Code, and Section 26-207(A)(3) of the Wheat Ridge Code of Laws concerning expiration of building permits. Planning Commission May 18, 2006 Page 6 This case was presented by Alan White. There are regulations in the city code that conflict with those of the International Residential Code in relation to time limits on building permits. There were no members of the public who indicated a desire to speak to this case. It was moved by Commissioner McMILLIN and seconded by Commissioner SPANIEL to recommend adoption of the ordinance concerning expiration of building permits with addition of the following provision: "Extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner." The motion passed 7-0 with Commissioner SCEZNEY absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS It was moved by Commissioner PLUMMER and seconded by Commissioner BRINKMAN to cancel the June 1, 2006 meeting due to lack of cases. The motion passed unanimously. 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 STEWART to adjourn the meeting at 10:05 p.m. The motion passed unanimously. Jdtt-u4 Scott Wesley, Chair (lM</ ~tiA~ Ann Lazzeri, RecordingS retary Planning Commission May 18, 2006 Page 7