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HomeMy WebLinkAbout01/06/2000 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting January 6, 2000 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MACDOUGALL at 7:30 p.m. on January 6, 2000, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Paulette Cooper Jerry Collins Dick Doyle Don MacDougall Nancy Snow Janice Thompson Commission Members Absent: Dean Gokey (excused) Staff Members Present: Alan White, Planning Director Martin Orner, Economic Development Specialist/Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of January 6, 2000. A set ofthese 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. APPROVAL OF ORDER OF THE AGENDA It was moved by Commissioner-SNOW and seconded by Commissioner COLLINS to approve the order of the agenda. The motion passed by a vote of 7-0, with Commissioner GOKEY absent. 5. APPROVAL OF MINUTES It was moved by Commissioner COOPER and seconded by Commissioner COLLINS to approve the minutes of December 16, 1999. The motion passed by a vote of 5-0, with Commissioners BRINKMAN and SNOW abstaining and Commissioner GOKEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. Planning Commission January 6, 2000 Page 1 7. PUBLIC HEARING A. Case No. MS-99-06: Application by Legend Properties, LLC, for approval of a two-lot subdivision for the purpose of developing a commercial building for small businesses located at 97 51 West 44th Avenue. This case was presented by Martin Orner. He reviewed the staff report and presented overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Mr. Orner advised the Commission that there was jurisdiction to hear the case. Page A-I contained an error concerning the property to the west and should be corrected to read "residential land uses" rather than "undeveloped". In response to a question from Commissioner SNOW, Mr. Orner stated that no street dedications were required by the Public Works Department and there were no requirements for an accelldecellane on 44th Avenue. Commissioner THOMPSON asked about access easement and expressed concern about semi's entering the property. Mr. Orner replied that there is provision for a 22-foot wide access easement dedication between lot one and lot two and is not available to the adjacent Chado property at this time. Commissioner BRINKMAN commented that drainage is a criteria and read from the subdivision regulations as follows: "Drainage areas, wherever possible. should be left in their natural state and no encroachment should be made in the natural channel areas." She asked how the ditch on the property would be affected. Mr. Orner replied that the ditch company had no comment regarding this subdivision and the Public Works Department had determined that the drainage plan is approvable. Commissioner SNOW expressed concern about lack of contours on the plan. Tony Ficco 12415 West 38th Avenue. Mr. Ficco, the applicant, was sworn by Chair MACDOUGALL. He explained that topographies, contours and drainage have been addressed in Lot 1, and there are no plans for the owner of Lot 2 to develop at this time. A complete drainage report was prepared and is approvable. He stated the purpose of the subdivision is to establish a lot line for his lot, known as Lot 1. He stated that he would have no obj ection to an easement between Lot 1 and Lot 2, but would oppose an easement along the north property line. He did not believe the property would be yielding to heavy semi use or daily trash removal. In response to a question from Commissioner BRINKMAN concerning the ditch, Mr. Ficco replied he spoke with a secretary at the ditch company who told him that when the adjacent Chado property was farmed years ago, irrigation water passed through his property, but an actual physical ditch with water running no longer exists. Planning Commission January 6, 2000 Page 2 Carol Oman 9475 West 38th Avenue Ms. Oman was sworn by Chair MACDOUGALL. She stated she was the real estate agent for the property and had been the agent for the Chado property. She stated that she has files on the subject property going back ten years and testified that all ofMr. Ficco's statements were accurate and could be documented. Commissioner COLLINS asked about the ditch. Ms. Oman stated that the ditch was discontinued along the back ofthe property when Pennington Elementary School was expanded. There are still some outlets from the Oulette Ditch along Kipling Street, but this property is not and will not be affected by the development. She stated that the Chado property is presently owned by Commercial Federal in California and the owners envision high retail for the property. James Cluck 9890 West 44th Avenue Mr. Cluck stated that he was representing his father, James Cluck, who resides across the street from the subject property. He was sworn by Chair MACDOUGALL. He had reviewed the applicant's plan and believed it was a very good plan. He believed the access from 44th A venue was adequate. Commissioner SNOW stated that since this has not gone before the Parks and Recreation Commission, she would like to request a 5% park dedication subject to change by the Parks Commission. Commissioner BRINKMAN stated that since she has heard both that there is water in the ditch and there is not water in the ditch, she would like to make sure there is an easement sufficient for drainage and maintenance ofthe ditch. She requested additional wording (shown in italics) to the wording "no encroachment shall be made to the channel areas-- specifically the ditch that runs across Lots 1 and 2." Alan White explained that, under state statute, older ditches have a prescriptive easement assigned to them and, even though it is not recorded, the easement still exists. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. MS-99-06, a request for a two-lot minor subdivision be approved for the following reasons: 1. With the conditions approved, all requirementsofthe City's Subdivision Regulations will have been met. 2. Subdividing this property as proposed will legitimize a previous sale of the individual parcels and thereby allow for redevelopment of the property. Subject to the following conditions: Planning Commission January 6, 2000 Page 3 1. A 22-foot cross access easement will be provided between the northwest corner of Lot 1 and the northeast corner of Lot 2 and will be shown on the plat with standard cross access easement language approved by the city attorney. 2. A 5% park land dedication will be required unless the Parks Commission proposes an alternative to the required park dedication. 3. The language regarding utility easements requested by Public Service be shown on the plat. 4. The plat will show contonrs, as required by the subdivision regulations. S. The drainage plan which has been submitted will be made a part of the subdivision aud recorded with it. 6. An easement, as defined by state statute and Wheat Ridge subdivision regulations sufficient for drainage and to allow for maintenance of the ditch and as approved by the Oulette Ditch Company, will be shown on the subdivision plat. The motion passed by a vote of 7-0 with Commissioner GOKEY absent. (Chair MACDOUGALL declared a brief recess at 8:55 p.m. The meeting was reconvened at 9:10 p.m.) B. Case No. WZ-99-15: Application by Legend Properties, LLC, for approval of a zone change from Residential-Two and Restricted-Commercial to Planned Commercial District (PCD) for the purpose of developing a commercial building for small businesses located at 9751 West 44th Avenue. This case was presented by Martin Orner. He reviewed the staff report and presented slides and overheads ofthe property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Mr. Orner advised the Commission that there was jurisdiction to hear the case. Staff recommendation was for approval of the application with conditions as outlined in the staff report. Commissioner COLLINS pointed out an error on the subdivision plat previously approved by the Commission this evening. There is a small strip that is shown as R-2 but should be C-l. Commissioner THOMPSON expressed concern about the type of traffic that would be generated by this development, especially the generation of semi traffic and indicated she would like to have a condition that no semi traffic could service this development at any time. She also expressed concern about traffic circulation and whether or not there would be room for vehicles to pass by a parked vehicle ifthere were two-way traffic circulation. She was also concerned about the lack of an accelldecellane. She didn't want to see the residential neighborhood impacted by traffic. Page 4 Planning Commission January 6, 2000 Commissioner BRINKMAN expressed concern that, based upon the decision by the Parks Commission, everything approved this evening could have to be redesigned. She also expressed concern about reviewing such a large number of changes and conditions that could leave room for error. In response to a question from Commissioner COOPER, Mr. Orner stated that vacancy rates for these types of developments are very low. . Commissioner THOMPSON expressed concern about the uses nearest residential development such as open overhead doors and fumes from idling trucks, etc. Tony Ficco 12425 West 38th Avenue Mr. Ficco was sworn-in by Chair MACDOUGALL. Concerning the types of businesses facing the residential neighborhood, he stated there was no representative frorn the adj acent neighborhood at the neighborhood meeting. He also noted that the neighborhood is extremely run down and could be a detriment to his business in attracting tenants. In regard to zoning, he said the R-2 zoning is to the west and the R-C is where the former Thunderbird Garage was located. In figures from other similar developments, the traffic average is 1 person per 1000 square feet; therefore, with a total of 16 stalls planned, the automobile impact would be very minimal. He also stated that he would change all of the overhead doors to glass to enhance the appearance of the development. Regarding drainage concerns, retention ponds have been designed so no water, other than the historical rate, will leave the property. He requested that the names of the occupants be permitted on the monument sign in front of the building. Commissioner THOMPSON asked Mr. Ficco ifhe would be opposed to one-way-in and one- way-out traffic circulation. Mr. Ficco replied that staff was of the opinion that two-way traffic flow would work better and that the two-way traffic plan has worked very well in other locations. In reply to a question from Commissioner THOMPSON, Mr. Ficco stated that he would be agreeable to whatever the Planning Connnission decided about lighting on the property. He also stated that signage for the individual businesses would be uniform. Commissioner THOMPSON asked if Mr. Ficco would be opposed to a restriction on semi traffic. He replied that he would be agreeable to a condition that no semi's be allowed to park overnight; however, tenants need to have the ability for occasional semi deliveries and such a restriction would make his development less desirable to prospective tenants. He noted that the overhead doors are not designed to fit semi's. He indicated that should semi's become a problem, he would ask the tenant to move. It was the consensus of the Commission to address each of the permitted principal uses as outlined in the PCD. The following changes were made and agreed to by the applicant: Planning Commission January 6, 2000 Page 5 (1) "All uses permitted in the restricted commercial district as permitted principal uses" shall be eliminated. (3) Eliminate "banks" and leave "loan and finance offices." (4) "Clinics for psychological, social or marital counseling..." shall be eliminated in its entirety. (5) "Commercial Machine Shops" will stay; however, Commissioner BRINKMAN requested that all overhead doors remain closed during business hours except for deliveries. (6) Eliminate "community buildings, YMCA's, YWCA's, libraries." (7) Liquor store shall remain with a condition that it be located in the front of the development. Commissioner COLLINS noted that it was 11 :00 p.m. and suggested continuing the hearing' due to the lateness of the hour. Commissioner THOMPSON moved and Commissioner BRINKMAN seconded that the meeting be continued past 11 :00 p.m. and the matter of continuation be reviewed at 11 :30 p.m. The motion passed by a vote of 6 to 1 with Commissioner COLLINS voting no and commissioner GOKEY absent. Review of the uses continued: (12) (14-A) (14-B) (14-C) (14-G) (15-0) (15-P) (15-R) (l5-X) (15-V) (15-EE) (15-GG) (15-HH) (15-JJ) (15-KK) (15-00) Eliminate "drive-in restaurants" and allow only one restaurant. "Ambulance Services" shall be eliminated. Commissioner SNOW expressed concern about paint associated with sign making and silk screening which are more appropriate as an industrial use. Alan White stated that his interpretation of this use would be similar to Kinko's and not a sign fabrication shop. Insert the words "with no outside storage" following the words "equipment rental agencies." "Laundries and dry-cleaning shops" shall remain with the condition they be limited to the west side of the development. "Delicatessens" shall be limited to no more than one in the development. "Department stores" shall be eliminated. "Variety stores" shall remain. "Dry good stores" shall be eliminated. "Grocery Stores" shall be eliminated. "Hardware Stores" shall be changed to "Hardware Supplies." "Liquor stores (sale by package) shall be eliminated. "Locksmith Shops" shall be eliminated. "Meat, poultry or seafood stores" shall be eliminated "Newsstands for the sale of newspapers, magazines, etc." shall be eliminated. "Notions Stores" shall be eliminated. "Pet Stores" shall be changed to "Pet Supply Stores." Planning Commission January 6, 2000 Page 6 (17) "Any similar use which...fires or explosion" shall be eliminated in its entirety. No's. 1,2, and 3 under this item shall be eliminated in their entirety. This item shall be entitled "Conditions" with the following conditions listed: Condition No. I - No excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties. Condition No.2 - No outside storage. Condition No.3 - Stocking of items intended for use or sale upon the premises is permitted; however, warehousing is prohibited. Condition No.4 - Wholesale sales of any item offered at retail on the premises, where wholesale is ancillary to the primary retail use is permitted. (17-B) (17-C-3) Commissioner THOMPSON moved and Commissioner COOPER seconded that the meeting continue past 11 :30 p.m. in order to complete the list of uses and allow for questions from the Commission before continuing the matter to another meeting. The motion carried by a vote of 6-1 with Commissioner BRINKMAN voting no and Commissioner GOKEY absent. Commissioner THOMPSON requested that before the case is heard again, staff reach an agreement with the applicant regarding the monument sign and the individual building signs, the need for accelldecellanes, the traffic circulation pattern, lighting on the property, and protection from semi traffic for residential neighborhood to the east. She also asked that, under "Recommended Motion" on page B-7 of the staff report, the words "A-I, Agriculture" be changed to "R-2 and R-C". Chair MACDOUGALL asked ifthere were others present who wished to address this matter. Carol Oman had signed the public hearing roster but indicated she did not want to speak at this time. In response to a question from Commissioner COLLINS, Mr. Ficco stated that he plans to remove the 4-foot chain link fence and replace it with a 6-foot solid fence. If the school to the north wishes to retain the 4-foot chain link fence, Mr. Ficco would build the 6-foot solid fence anyway. Commissioner SNOW moved and Commissioner COLLINS seconded that Case No. WZ-99-15 be continued to February 3, 2000. The motion passed by a vote of 6-1 with Commissioner BRINKMAN voting no and Commissioner GOKEY absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the Commission reconsider Case No. MS-99-06 due to the fact that there was an error on the subdivision. The motion passed by a vote of 7-0 with Commissioner GOKEY Page 7 Planning Commission January 6, 2000 absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the previous approval of MS-99-06 be amended to correct the labeling of the adjacent zoning on the plat (the property closest to 44th Avenue presently shown as R-2 should be labeled C- 1) and that the existing building be shown with an outline as well as the setback to the property line. The motion passed by a vote of 7-0 with Commissioner GOKEY absent. 8. CLOSE THE PUBLIC HEARING Chair MACDOUGALL declared the public hearing portion of the meeting to be closed. 9. OLD BUSINESS A. Propertv at 35th and Wadsworth - Commissioner BRINKMAN inquired about the status ofthe applicant's appeal to City Council on this property. Alan White stated that this matter has not yet been heard by City Council. Since the code does not set forth a method for the appeal process, an ordinance is scheduled to be heard by City Council on first reading on Monday, January 10. Commissioner BRINKMAN requested that the minutes of the Planning Commission meeting on this matter be included as part of the staff report that goes to City Council. 10. NEW BUSINESS A. Group Homes for Sex Offenders - Commissioner THOMPSON asked ifthis issue needs to be revisited. Alan White stated that the City Councilman from District I wants to review group home matters and homes for sex offenders will be addressed at that time. 11. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no reports. 13. ADJOURNMENT It was moved by Commissioner COOPER and seconded by Commissioner COLLINS that the meeting be adjourned at 11:56 p.m. The motion passed unanimously. 91{ l2~v ~ Ann Lazzeri, Recording Secretary Page 8 Planning Commission January 6, 2000