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ORIGINAL
CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
September 21, 2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
MacDOUGALL at 7:35 p.m., September 21,2000, 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
Dick Doyle
Don MacDougall
Marian McNamee
Nancy Snow
Janice Thompson
Commissioners Absent:
Dean Gokey (excused)
Staff Members Present:
Alan White, Planning Director
Meredith Reckert, Sr. Planner
Ann Lazzeri, Secretary
3. PLEDGE OF ALLEGIANCE
The following is the official set of Planning Commission minutes for the public hearing of
September 21, 2000. 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. APPROVAL OF ORDER OF THE AGENDA
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to
approve the order of the agenda as presented. The motion passed 7-0 with Commissioner
GOKEY absent.
5. APPROVAL OF MINUTES
It was moved by Commissioner COOPER and seconded by Commissioner SNOW to
approve the minutes of September 7, 2000 as presented. The motion passed 5-0 with
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September 21, 2000
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Commissioners MacDOUGALL and THOMPSON abstaining and Commissioner
GOKEY absent.
6. PUBLIC FORUM
There was no one to appear before the Commission.
7. PUBLIC HEARING
A. Case No. WZ-OO-ll: An application by Tony Ficco for Legend properties, LLC, for
approval of a rezoning from Residential-Two (R-2) and Restricted-Commercial (Re) to
a Planned Commercial Development for the purpose of building a retail and service
center. Said property is located at 97 51 West 44th Avenue.
This case was presented by Meredith Reckert. She distributed copies of two letters to members
of the Commission. The first letter from Connie Nelson of 4281 Jellison, indicated objection to
the application. The second letter from James and Nell Cluck of9890 West 44th Avenue,
indicated support of the application. The letters were entered into the record and made a part of
the case file. She reviewed the staff report, presented slides and overheads ofthe subject
property. All pertinent documents were entered into the record and she advised the
Commission they had jurisdiction to hear the case. Staff recommended approval of the
application with conditions as outlined in the staff report.
Commissioner THOMPSON referred to the fence on the west side of the property. Could Mr.
Ficco remove the fence at his discretion? Meredith said a note could be added that would allow
him to remove the fence should the adjacent residential property to the west develop into
commercial uses.
Commissioner SNOW expressed concern about limiting retail space to 25%. Alan White
explained the purpose for limiting the retail space related to concern about traffic generation
and parking.
Commissioner THOMPSON suggested a formula which would require a certain percentage of
parking spaces if more than one modular unit in the development is combined to make larger
units.
Tony Ficco
12425 West 38th Avenue
Mr. Ficco, the applicant, was sworn in by Chair MacDOUGALL. He stated that his proposed
development would be for a retail service center rather than for high level retail use. He has
worked with city staff to streamline the uses since the last time this case was considered before
City Council. He indicated that he would be in favor of adding a note to the plan which would
allow removal of the fence on the western edge ofthe property should the adjacent property
develop commercially.
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September 21, 2000
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Commissioner SNOW asked Mr. Ficco how he felt about the 25% retail space limitation. He
stated that, while he would prefer to have more retail if the parking limitations could be met, he
was comfortable with the present requirements of 25% retail space.
It was, moved by Commissioner THOMPSON and seconded by Commissioner COLLINS
that Case No. WZ-OO-11, a request for a zone change from Residential-Two and
Restricted-Commercial to Planned Commercial Development and for approval of a
combined outline and f"mal development plan on property located at 9751 West 44th
Avenue, be recommended for APPROVAL for the following reasons:
1. The existing zoning has affected the developability of the parcel.
2. The PCD zoning and permitted land uses are consistent with the Village Center
designation on the Comprehensive Plan.
3. The proposal has been modified to more accurately reflect appropriate land uses.
4. All requirements for a Planned Commercial Development combined outline and
final development have been met.
With the following conditions:
1. All rooftop mechanical equipment be screened from view.
2. Two additional street trees be provided along the West 44th Avenue frontage.
3. A note be added regarding the redesign of the parking and drive layout relative to
the cross-access easement when the property to the west redevelops commercially.
4. An additional handicapped parking space be provided.
5. A sidewalk and signage easement be provided for maintenance of public
improvements by the city.
6. At the discretion of the developer and city, the cedar fence on the west side of said
development could be removed when commercial development occurs to the west
and the single family home has been removed.
Commissioner SNOW offered a friendly amendment to include an additional condition
that wording be changed on numbers (11) and (35) ofthe plan to include the words" and
sales". The amendment was accepted by Commissioners THOMPSON and COLLINS.
In response to a question from Commissioner DOYLE, Alan White stated that this
development would be affected by the recently imposed building permit moratorium.
Conimissioner DOYLE then offered an amendment that the condition requiring all rooftop
mechanical equipment to be screened from view would not be enforced until the City of Wheat
Ridge has screened mechanical equipment on its recently constructed recreation center
building. This amendment was not accepted by Commissioner THOMPSON.
Commissioner SNOW offered an amendment to change items (3) and (7) on the plan to change
the ratio to allow 30% space for office/retail.
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September 21, 2000
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Commissioner McNAMEE questioned whether the proposed ratio would affect the required
number of parking spaces. Chair MacDOUGALL declared a brief recess at 8:50 p.m. to allow
staffto recalculate parking requirements.
The meeting was reconvened at 9:05 p.m. Commissioner SNOW asked if there would be
sufficient parking with the 70-30% ratio. Meredith Reckert replied that there would not be
sufficient parking. Commissioner SNOW then withdrew her amendment.
A vote was taken on the motion. It passed by a vote of 7-0 with Commissioner GOKEY
absent.
B. Case No. ZOA-00-I0: An ordinance amending Section 26-30(T) of the Wheat Ridge
Code of Laws concerning Commercial Mobile Radio Service (CMRS) facilities.
This case was presented by Alan White. He reviewed the staff report and the proposed
ordinance which would allow rooftop or building-mounted CMRS facilities to be located in
Planned Residential Districts on properties containing a non-residential use. Freestanding
CMRS towers would still be prohibited in Planned Residential Districts, Applications for
building and structure mounted facilities would be decided through an administrative process,
Rooftop mounted facilities would be subject to the conditional use process.
Herb Quintana
5453 S. Ulster, Denver
Mr. Quintana, representing Nextel Communications, was sworn in by Chair MacDOUGALL,
He invited questions from the Commission.
Commissioner THOMPSON asked if the present large boxes required for building mounted
CMRS facilities would be replaced as technology improves to require smaller boxes. Mr.
Quintana stated Nextel's policy would be to replace them. However, that policy is subjective
and depends upon the desire of the landlord and whether or not the existing equipment is cost-
effective to N extel.
In response to another question from Commissioner THOMPSON, Mr. Quintana stated that his
company works with building owners to provide architecturally pleasing facilities.
Commissioner SNOW expressed concern about administrative approvals and felt that neighbors
should have opportunity to voice objections to building- or roof-mounted CMRS facilities
through a public hearing process.
Commissioner COLLINS expressed his opinion that CMRS facilities, which are commercial
facilities, should not be allowed on non-commercial buildings such as churches or schools in
residential areas.
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It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that
the Planning Commission recommend to City Council that Case No. ZOA-00-I0, an
amendment to Section 26-30(T) of the Code of Laws pertaining to Commercial Mobile
Radio Service facilities not be approved at this time unless there is an amendment to the
ordinance which would require a special use permit for any CMRS facility in residential
areas. The motion passed 7-0 with Commissioner GOKEY absent.
8. CLOSE PUBLIC HEARING
Chair MacDOUGALL declared the public hearing closed.
9. OLD BUSINESS
There was no old business to come before the Commission.
A. Screeninl!: of RooftoD Mechanical EQuiument - It was moved by Commissioner
DOYLE and seconded by Commissioner SNOW that Planning Commission
recommend to City Council that funds be appropriated to carry out screening of
the mechanical equipment on the top of the new recreation center as well as any
future buildings that are constructed by the city. The motion passed 7-0 with
Commissioner GOKEY absent.
10. NEW BUSINESS
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 SNOW and seconded by Commissioner McNAMEE to
adjourn the meeting at 9:40 p.m. The motion passed 7-0 with Commissioner GOKEY
absent.
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September 21, 2000
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