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HomeMy WebLinkAbout06/15/2000 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting June 15, 2000 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MacDOUGALL at 7:30 p.m. on June 15,2000 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Jerry Collins Dick Doyle Dean Gokey Don MacDougall Marian McNamee Nancy Snow Janice Thompson Commission Members Absent: Paulette Cooper (excused) Staff Members Present: Alan White, Planning Director Meredith Reckert, Senior Planner Ano Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of June 16, 2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development ofthe City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to approve the order of the agenda. The motion passed 7-0 with Commissioner COOPER absent. 5. APPROVAL OF MINUTES It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to approve the minutes of June 1, 2000 as presented. The motion passed 7-0 with Planning Commission June 15,2000 Page I Commissioner COOPER absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. WZ-00-03: An application by Ralph Walker for Airtouch Cellular for approval of an amendment to the Y oungfield Plaza Planned Commercial Development final development plan for the purpose of erecting a freestanding CMRS (Commercial Mobile Radio System) tower with a height variance. Said property is located at 4056 Y oungfield. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. She entered pertinent documents into the record and advised that there was jurisdiction for the Commission to hear the case. Because the tower is proposed for an area where there is an existing 50-foot wide access and utility easement for property to the east, staffrecommended a continuance of the case until such time as the easement is either vacated or the easement grantees give permission to build the tower. Commissioner SNOW questioned whether the easement in question was for access to the greenbelt. Meredith Reckert stated that the easement was originally granted to Coors for access to the gravel mining operations to the east. Ralph Walker 7354 S. Eagle St., Englewood Mr. Walker, representing Airtouch Cellular, was sworn in by Chair MacDOUGALL. He stated that the proposed antenna would provide better coverage to that part of 1-70 that goes north and south. Because the proposed location drops off about fifty feet it would be necessary to build a 55-foot high tower as opposed to a 30-foot tower if it were built on higher ground. Because of the steep terrain, it would also be necessary to build a retaining wall to construct a supporting base for the tower. He stated that the company has investigated other suitable sites in the area but have been unsuccessful in securing a location. In response to a question from Commissioner THOMPSON, Mr. Walker stated that, although it is the policy of Airtouch to allow other carriers to use its poles, it probably wouldn't be feasible to add other carriers to this pole because of the height. In response to a question from Commissioner McNAMEE, Mr. Walker assured the Commission that the company's policy is to remove poles if they are not used for a period longer than three months. Planning Commission June 15, 2000 Page 2 Commissioner COLLINS expressed concern that the supporting platform will result in an additional ten feet of height to the tower. Mike Mueller 4096 Y oungfield Street Mr. Mueller was sworn in by Chair MacDOUGALL. He stated that there is a greenbelt access behind his property. Ronald Ragan 12647 W. 38th Drive Mr. Ragan was sworn in by Chair MacDOUGALL. His residence is near the proposed tower site. He objected to the construction ofthe tower because it would obstruct the neighborhood's view, especially during winter months when there are no leaves on the trees. He also expressed concern that the tower could present health hazards to residents of the area and urged the Commission to deny the application. Mrs. Eli Gonzales 12668 West 38th Drive Mrs. Gonzales was sworn in by Chair MacDOUGALL. Her residence is also located near the proposed tower and she stated her opposition to the application. In addition to concerns expressed by Mr. Ragan, she believed the tower would reduce property values in the area. Ralph Walker returned to the podium. He stated that there have been no proven health hazards associated with these types of communication towers. In response to a question from Commissioner McNAMEE, Mr. Walker stated that it is anticipated Coors will agree to vacate the 50-foot easement. Commissioner SNOW asked if there was a federal law that prohibits denial of cell towers due to health reasons. Meredith Reckert replied that, while she was not sure about health reasons, she was aware oflegislation which provides that reasonable accommodations must be made for cell towers within a city. Commissioner GOKEY stated that he would not support the application because the planning for additional carriers on the tower should be considered to limit the number of towers within the city. He also expressed concern that, with the proposed base, the tower would actually be in excess of 60 feet. Commissioner THOMPSON questioned whether the proposed tower was vital in view of the fact that when certain carriers aren't available, cell phones are capable of roaming and picking up another carrier's signal tower. Planning Commission June 15,2000 Page 3 Mr. Walker offered to provide, at a later time, copies of federal laws pertaining to cellular towers for the Commission members. David Kennard 7720 South Clinton, Englewood Mr. Kennard, engineer for the applicant, was sworn in by Chair MacDOUGALL. He explained that the tower would cover Kipling to 1-70, south to Colfax and 1-70 to Highway 58. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-00-03, a request by Ralph Waker for Airtouch Cellular for approval of an amendment to a Planned Commercial Final Development plan to allow a freestanding commercial mobile radio service tower for property located at 4056 Youngfield Street, be DENIED for the following reasons: 1. While recognizing that cell phones can provide a valuable service, the proposed tower would interfere with view of residents with bomes on the bluff. Those residents have the right to rely on the previously approved Planned Development which had no buildings or structures obstructing mountain views from that subdivision. 2. The height of the tower as designed, along with the elevated foundation base, far exceeds the fifty-foot height limit designated in the charter. 3. There is a possibility that, if approved, the tower could later have additional antennas which would further obstruct the view. The motion passed 6-1, with Commissioner DOYLE voting no and Commissioner COOPER absent. (Chair MacDOUGALL declared a recess at 8:45 p.m. The meeting reconvened at 9:00 p.m.) B. Case No. WZ-00-04: An application by Edwin S. Gibson for approval of a rezoning from Restricted-Commercial-One (RC-I) to Residential-Two A (R-2A) for the purpose of constructing a triplex. Said property is located at 3767 Harlan Street. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. She entered pertinent documents into the record and advised that there was jurisdiction for the Commission to hear the case. She stated that, in Planning Commission June 15, 2000 Page 4 addition to a letter of support which was included in the packet, she received several phone calls in support of the application. Staff gave a recommendation of approval. Commissioner THOMPSON stated that the proposed use would provide a good transitional buffer between residential and commercial. Commissioner SNOW expressed concern that ifthe rezone is approved, it would be possible to gain a variance from the Board of Adjustment since it would only take 571 feet to allow a four- plex. Edwin S. Gibson 8019 Wolff Street, Westminster Mr. Gibson, the applicant, was sworn in by Chair MacDOUGALL. He stated that he plans to live in the upper portion ofthe proposed triplex and rent the two lower units to supplement his retirement. He stated that he does not plan to sell the building. His plans include fencing the property, adding landscaping, and providing adequate on-site parking. In response to a question from Commissioner McNAMEE, Mr. Gibson stated that he plans one v-shaped driveway in the center of the property. He also indicated that he is purchasing the property from Ray Valente, contingent upon obtaining the requested rezoning. Peggy Scott 3750 Harlan Street Ms. Scott was sworn in by Chair MacDOUGALL. She stated that she was originally opposed to the application because of her concern about overflow parking onto the street. After hearing Mr. Gibson's testimony, she was in favor of the application. It was moved by Commissioner McNAMEE and seconded by Commissioner COLLINS that Case No. WZ-00-04, an application by Edwin Gibson for approval of a zone change from Restricted-Commercial One to Residential-Two-A for property located at 3767 Harlan Street, be approved for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation, the property is undesirable for single family construction. 2. The R-2A zoning will provide a land use transition between the commercial development along West 38th Avenue and the small lot single family neighborhood to the south/southeast. 3. There will be substantially less impact to the neighborhood if rezoned to R-2A than if developed commercially with the existing zoning. Planning Commission June 15, 2000 Page 5 It was moved by Commissioner McNAMEE and seconded by Commissioner COLLINS that Case No. WZ-00-04, an application by Edwin Gibson for approval of a zone change from Restricted-Commercial-One to Residential- Two-A for property located at 3767 Harlan Street, be approved for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation, the R-2A zoning will provide a land use transition between the commercial development along West 38th Avenue and the small lot single family neighborhood to the south/southeast. 2. There will be substantially less impact to the neighborhood if rezoned to R-2A than if developed commercially with the existing zoning. The motion passed 7-0 with Commissioner COOPER absent. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS A. Discussion of Public Notices - Alan White requested that the Commission discuss the possibility of amending the meeting notice boundaries. Since requirements for public hearings have been changed from adjacent property owners to property owners within a 600-foot radius, there has been a significant increase in cost to the applicant as well as staff time to prepare the certified mailings. One applicant, for example, requested a one-foot variance which resulted in a cost of approximately $600 for noticing and posting fees. The cost, notifying only the adjacent property owners, would have been approximately $130. Commissioner THOMPSON commented that since neighborhood meetings require a notice to residents within a 600- foot radius, the neighbors within that radius are alerted to the fact that a change could be taking place in their neighborhood in the future. There was discussion regarding the possibility of a requirement for different noticing boundaries for different types of cases. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that the public notice requirements be amended as follows: Property owners within 100 feet (or two lots adjacent, whichever is farther) be notified by certified mail and that remaining property owners within the 600 foot radius be notified by regular mail. The motion passed 7-0 with Commissioner COOPER absent. Planning Commission June 15, 2000 Page 6 10. NEW BUSINESS A. Jake Brake Ordinance - Commissioner THOMPSON suggested that the City consider the possibility of passing a jake brake ordinance. 11. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner COLLINS and seconded by Commissioner GOKEY that the meeting be adjourned at 9:50 p.m. The motion passed 7-0 with Commissioner COOPER absent. ~~~'A~ Ano Lazzeri, Recordmg Secretary Planning Commission June 15,2000 Page 7