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HomeMy WebLinkAbout11/16/2000 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes .of Meeting N.ovember 16, 2000 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MacDOUGALL at 7:35 p.m., November 16,2000, 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 Dean Gokey Don MacDougall Marian McNamee Nancy Snow Janice Thompson Staff Members Present: Alan White, Planning Director Gerald Dabl, City Attorney Meredith Reckert, Sr. Planner Mike Garcia, Development Review Engineer Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of November 16, 2000. A set ofthese minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was m.oved by C.ommissi.oner SNOW and sec.onded by C.ommissi.oner McNAMEE t.o appr.ove the .order .ofthe agenda with the additi.on .of Item 10(C} "Electi.on of Officers." The m.oti.on passed unanim.ously. 5. APPROVE MINUTES Chair MacDOUGALL requested an amendment to the minutes to reflect that he called the meeting to order rather than Vice Chair SNOW. Planning Commission November 16,2000 Page 1 It was m.oved by C.ommissi.oner SNOW and sec.onded by C.ommissi.oner GOKEY t.o appr.ove the minutes .ofN.ovember 2, 2000 as amended. The m.oti.on passed unanim.ously. 6. PUBLIC FORUM There was no one to appear before the Commission. A. Case N.o. WZ-00-I0: An application by Sandra Thompson for approval ofa rezoning from Commercial-One (C-I) with restricted uses to a Planned Commercial Development and for approval of an outline development plan and a combined preliminary and final development plan and plat for property located at 11808 West 44th Avenue. 7. PUBLIC HEARING This case was presented by Meredith Reckert. She reviewed the staff report, presented slides and overheads of the subject property. All pertinent documents were entered into the record and she advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. Commissioner SNOW inquired as to the reasons landscaping was only required on the west side and not the east side of the subject property. Meredith Reckert replied that the western and southern sides were focused upon because of the greenbelt. Further, the adjacent neighbor to the south requested a fence and foliage. Commissioner THOMPSON asked for clarification regarding the use under the proposed plan. Meredith Reckert explained that it would be limited to recreational vehicle sales and storage. Boats may be stored, but cannot be sold. Commissioner THOMPSON referred to the trees under the power poles on 44th and requested that those trees be moved and replaced with trees that don't grow tall enough to require trimming by the Public Service Company. She also expressed concern that there' is not sufficient room for trees to be planted along the outside of the fence on Tabor. If the road is ever widened, the trees would have to be removed, Commissioner THOMPSON expressed concern about the proposed right-of-way dedication on Tabor and suggested Janguage from Public Works. She did not believe unrestricted access should ever be allowed from Tabor Street. She further expressed concern about the height of vehicles parked on the eastern and southern edges of the property and asked that code enforcement look into the present situation where tall vehicles are parked in these locations. Mike Garcia stated that there are no plans in the future for widening Tabor. The city is requesting the IS-foot dedication so that, in the event of a future use change, the street would meet our standard from centerline. Planning Commission November 16,2000 Page 2 Commissioner DOYLE referred to light maintenance of boats, travel trailers and motor homes. The application states "no motor work or drive chain work." He asked that "drive chain" be changed to "drive train." Commissioner DOYLE inquired about drainage of water from work in the service bays. Staff replied that this would be under the jurisdiction of the appropriate sanitation district. In response to a question from Commission COOPER regarding the curb cut on Tabor, Meredith Reckert explained that it was requested by the fire department to be used for emergency access only and, to her knowledge, it has never been used. Sandra Th.omps.on 3319 Raleigh Street, Denver Ms. Thompson, architect for the applicant, was sworn in by Chair MacDOUGALL. When Mr. ' Sach learned that he could not provide sales on the back lot, he decided to pursue the rezoning. She stated that Mr. Sach has a good relationship with his neighbors. She felt this plan meets the neighbors' desires while allowing Mr. Sach to operate his business in the manner he would like. She agreed that there should be a height limitation for vehicles parked along the east and south side. She further stated that there would be twenty feet of landscaping on the west. The City forester has suggested combining hawthorn trees with the fence to provide additional security and the applicant is in agreement with the recommendation. She further stated that there will be no heavy motor, drive train or transmission work done on this property and there will be no storage of propane on the property, In regard to the proposed IS-foot dedication for Tabor, the applicant would like to have the option of removing the existing fence in the event Tabor is ever widened. She stated that the present access from Tabor is locked and the fire department has a key. Commissioner GOKEY expressed concern that the 24-foot opening to the rear lot should be made larger to accommodate two vehicles at one time to prevent the entry from ever becoming blocked. Commissioner THOMPSON suggested utilizing the seventeen customer parking spaces along the C-l zoning for the parking of taller vehicles. The customer/employee parking could then be located along the east side of the property. Harry Sach 3224 Beech C.ourt, G.olden Mr. Sach, the applicant, was sworn in by Chair MacDOUGALL. He stated he was unaware that he was not to park taller vehicles along the east side ofthe property. He would be agreeable, if this is made a condition of approval, to park smaller vehicles there. In response to a question from Commissioner THOMPSON, Mr. Sach stated that he would be agreeable to using the spaces along the C-l zone property to the west for taller vehicles. Planning Commission November 16,2000 Page 3 In response to a question from Commissioner McNAMEE, Meredith Reckert stated that a note could be added to say that anything parked on the east side could not exceed the height of the fence. Commissioner GOKEY suggested that the amount of customer parking could be reduced. Mr. Sach agreed because he does not have a large amount of customers at anyone time. Commissioner GOKEY requested that body work and painting be disallowed on the property. Chair MacDOUGALL asked if there was a waste dumping facility on the grounds. Mr. Sach replied that a dumping station does exist, but it is never used. In response to a question from Commissioner COOPER, Mr. Sach indicated that he would agree to the city's recommendation for a Class 6 road base on the rear of the lot. In response to a question from Commissioner SNOW, Mr. Sach replied that there is an existing irrigation system for the landscaping. Ge.orge Isquith 4350 Tab.or Street Mr. Isquith was sworn in by Chair MacDOUGALL. He was in favor of the height restriction on vehicles parked along the eastern boundary. He asked for clarification about the planned commercial development process. Meredith Reckert presented a zoning history of the property and explained the purposes of a planned commercial development. She explained that staff is in favor of the plan because it is specific to the property, A regular C-l zoning would allow many other uses and staff feels this is a protection for the neighborhood. Mr. Isquith stated he is not opposed to Mr. Sach's operation, but expressed concern about what could happen if ownership changes, Diane Christensen 4311 Tab.or Ms. Christensen was sworn in by Chair MacDOUGALL. She stated that Mr. Sach has been a good neighbor and is in favor of his application. She requested an eight foot fence on the south and east boundaries with hawthorns grown close enough to form a tight protective hedge. She also stated that her yard and crawl space were flooded to the foundation line this last summer during a heavy rainfall. She has lived in her house since 1971, and stated this is the only time flooding has occurred. Chair MacDOUGALL asked about the historic runofffor this property. Mr. Garcia stated that the lot drains into a retention pond. However, upon thorough investigation, staff could find no records of a drainage report on this property. Planning Commission November 16, 2000 Page 4 Ms, Christensen stated that the irrigation ditch running through the property was covered in 1992 or 1993 by the previous owner. Commissioner THOMPSON suggested adding a condition to require a drainage study for the property. Commissioner COOPER suggested that a condition might be added to prevent the use of the dumping station. She also inquired about requirements for the removal of the dumping station. Chair MacDOUGALL commented that the sanitation district would need to be involved in the removal of the station. Meredith Reckert commented that a condition could be placed for the existing dump station to be eliminated and the proper procedure be followed for removal. Commissioner COOPER asked if planting hawthorns 15 feet apart would provide the kind of hedge Ms. Christensen described. Meredith Reckert replied that the 15 foot spacing was recommended by the city forester, but she would check back with him regarding Ms. Christensen's desires. Harry Sach returned to the podium and testified that the dump station enters into the sanitary sewer. He commented that the facilities were already in place when he purchased the property, He also stated that he went to Ms. Christensen's house after the storm she referred to and asked if any water got into her house. She told him that no water came into her house, although water did come into her yard. (Chair MacDOUGALL declared a recess at 9:25 p,m, The meeting reconvened at 9:40 p,m.) C.ommissi.oner SNOW m.oved and C.ommissi.oner GOKEY sec.onded that, due t.o the lateness .of the h.our, item lO(a) "Z.oning C.ode Rewrite" be c.ontinued t.o a date t.o be determined later in the meeting. The m.oti.on passed unanim.ously. Commissioner THOMPSON prefaced her motion by stating that she would like to see the Comprehensive Plan adhered to and someday see residential zoning on this property. However, in the meantime, she believed this plan would give some protection to residential properties in the area. It was m.oved by C.ommissi.oner THOMPSON and sec.onded by C.ommissi.oner GOKEY that Case N.o. WZ-00-I0, a request f.or appr.oval.of a z.one change fr.om C.ommercial-One with unrestricted uses and C.ommercial-One with restricted uses t.o Planned C.ommercial Devel.opment and f.or appr.oval .of an .outline devel.opment plan f.or pr.operty l.ocated at 11800,11808 and 11880 West 44th Avenue be APPROVED f.or the f.oll.owing reas.ons: 1. It will eliminate tw.o different z.onings .on three pr.operties .owned by a single entity. Planning Commission November 16,2000 Page 5 2. It will all.ow m.ore c.ontr.ol by the city .of the p.otential negative effects .of an .open- ended c.ommercial z.one. 3. It all.ows the city .opp.ortunity t.o impr.ove buffering f.or adjacent pr.operty .owners, 1. N.o bulk pr.opaue st.orage be all.owed .on the pr.operty. With the f.oll.owing c.onditi.ous: 2. Only .one freestanding sign, which is presently existing, may remain and, if lighted, the limitati.ons .on h.ours .of .operati.on neg.otiated with the neighb.orh.o.od must be f.oll.owed. 3. The s.olid w.o.oden fence al.ong the western and s.outheru pr.operty lines be increased t.o 8 feet in height. 4. The existing recycled asphalt be replaced with a clean, Class 6 r.oad base. 5. The western wall .of the building shall have a stucc.o finish. 6. Dumpster l.ocati.ons need t.o be added with screening .of u.onc.ombustible material. 7. N.o access t.o Tab.or, n.ow .or iu the future, except f.or emergency fire access. 8. N.o st.orage al.ong Tab.or, the s.outhern fence line and adjacent t.o the .open space pr.operty shall exceed the height .of the fence. 9. Irrigati.on systems shall be installed f.or all planted areas. 10. The detenti.on p.oud shall be designed t.o retain aud release water at the hist.oric fl.ow and will be maintained per a drainage rep.ort. 11. The .owner shall w.ork with the city and the sanitati.on district and f.oll.ow the sanitati.on district's requirements in regard t.o the existing dump stati.on. 12. N.o b.ody w.ork, engiue .or transmissi.on repair, .or paint facility will be all.owed .on this pr.operty; and the w.ords "drive chain" shall be changed t.o "drive train" in N.o.3 .of the final devel.opment plan. 13. Increased planting w.ould .occur fr.om the fire access n.orth t.o the s.outh side .of the building al.ong Tab.or Street .on the inside .ofthe fence. Planning Commission November 16,2000 Page 6 Commissioner SNOW indicated she would vote against the motion because: 1) The original zoning was granted upon representation by the owner that RV storage would be an interim use. 2) Citizens have a right to expect that any zoning changes should be in conformance with the Comprehensive Plan. 3) Fruitdale Master Plan in effect at the time for the original zoning as well as the current Comprehensive Plan show the southern part of the subject property as being residential. 4) There have been no recent commercial changes which extend as far south as this application. It will go 200 feet farther south than other commercial uses and is incompatible with residential neighborhoods on the east, south and the greenbelt on the west. 5) Drainage problems were brought up during this meeting that have not been addressed, 6) The final plan and outline plans don't match in regard to the southern and southeastern areas. 7) The Comprehensive Plan should be complied with on the southern portion of the property. The m.oti.on passed 6-2 with C.ommissi.oners COLLINS and SNOW v.oting n.o. It was m.oved by C.ommissi.oner SNOW that the request f.or appr.oval .of a Planned C.ommercial Devel.opment final devel.opment plan f.or pr.operty l.ocated at 11808 West 44th Avenue be c.ontinued t.o a date t.o be determined until a plan is presented that matches the appr.oved .outline plan. Meredith Reckert explained and demonstrated that the two plans do match. C.ommissi.oner SNOW withdrew her m.oti.on alth.ough she still felt the plan was n.ot clearly marked. It was m.oved by C.ommissi.oner THOMPSON and sec.onded by C.ommissi.oner McNAMEE that the request f.or appr.oval .of a Planned C.ommercial Devel.opment final devel.opment plan f.or pr.operty l.ocated at 11800, 11808 and 11880 West 44th Avenue be APPROVED f.or the f.oll.owing reas.ons: 1. The applicant has tried t.o mitigate negative effects t.o adjacent pr.operty .owners by physical impr.ovements (fencing, increased landscaping and the parking .ofRV vehicles al.ong the east, s.outh and western p.orti.ons adjacent t.o the greenbelt.) 2. The applicant has tried t.o mitigate negative effects t.o adjacent pr.operty .owners thr.ough .operati.onal parameters (n.o P A systems, limited h.ours .of .operati.on and the lighting). 3. It will all.ow m.ore c.ontr.ol by the city .of the p.otential negative effects .of an .open- ended c.ommercial zone. Planning Commission November 16,2000 Page 7 With the f.oll.owing c.onditi.ons: 1. N.o bulk pr.opanest.orage be all.owed .on the pr.operty. 2. Only .one freestanding sign, which is presently existing, may remain and, if lighted, the limitati.ons .on h.ours .of .operati.on neg.otiated with the neighb.orh.o.od must be f.oll.owed. 3. The s.olid w.o.oden fence al.ong the western and s.outhern pr.operty lines be increased t.o 8 feet in height. 4. The existing recycled asphalt be replaced with a clean, Class 6 r.oad base. 5. The western wall .ofthe building shall have a stucc.o finish. 6. Dumpster l.ocati.ons need t.o be added with screening .of n.onc.ombustible material. 7. N.o access t.o Tab.or, n.ow .or in the future, except f.or emergency fire access. 8. N.o st.orage al.ong Tab.or, the s.outhern fence line and adjacent t.o the .open space pr.operty shall exceed the height .of the fence. 9. Irrigati.on systems shall be installed f.or all planted areas. 10. The detenti.on p.ond shall be designed t.o retain and release water at the hist.oric fl.ow and will be maintained per a drainage rep.ort. 11. The .owner shall w.ork with the city and the sanitati.on district and f.oll.ow the sanitati.on district's requirements in regard t.o the existing dump stati.on. 12. N.o b.ody w.ork, engine .or transmissi.on repair, .or paint facility will be all.owed .on this pr.operty; and the w.ords "drive chain" shall be changed t.o "drive train" in N.o. 3 .ofthe final devel.opment plan. 13. Increased planting w.ould .occur fr.om the fire access n.orth t.o the s.outh side .of the building al.ong Tab.or Street.on the inside .of the fence. Commissioner SNOW stated that she would vote against the motion for the same reasons previously listed with an additional reason that the final plan does not clearly and precisely follow the drawing that was submitted and approved with the outline plan, and neither plan has measurements showing exactly what area can be used only for boats and low profile RV's. The m.oti.on passed 6-2 with C.ommissi.oners GOKEY and SNOW v.oting n.o. Planning Commission November 16,2000 Page 8 Commissioner THOMPSON requested that the staff review the outline development plan and make any necessary recommendations to City Council which would cause the two plans to match more clearly. It was m.oved by C.ommissi.oner COOPER and sec.onded by C.ommissi.oner McNAMEE that the request f.or appr.oval .of a c.ons.olidati.on plat f.or pr.operty l.ocated at 11800, 11808 and 11880 West 44th Avenue be APPROVED f.or the f.oll.owing reas.ons: 1. It will c.ons.olidate three existing parcels int.o .one. 2. Fifteen feet .of right-.of-way will be dedicated f.or Tab.or Street. With the f.oll.owing c.onditi.ons: 1. The easement n.ote requested by Public Service C.ompany be added .ont.o the plat face. 2. Min.or technicalities requested by the city survey.or be c.orrected pri.or t.o City C.ouncil hearing. Commissioner SNOW stated she would vote against the motion because, while she believed it was a good idea to consolidate the two fully commercial lots on the north end of the property, the southern portion of the property should be developed separately. Further, she was not in favor of the additional 15 feet ofright-of-way on Tabor Street. The m.oti.on passed 4-3 with C.ommissi.oners COLLINS, GOKEY and SNOW v.oting n.o. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS A. Z.oninl: C.ode Rewrite - Discussi.on and Establish Meetinl!: Dates It was m.oved by C.ommissi.oner SNOW and sec.onded by C.ommissi.oner COLLINS that Planning C.ommissi.on meetings be held .on N.ovember 30 and December 7 t.o c.onsider .only the z.oning c.ode rewrite; and, further, that the December 21 Planning C.ommissi.on meeting be canceled. The m.oti.on passed unanim.ously. Alan White informed the Commission that City Council has set first reading for adoption of the zoning code on January 22, 2001. Planning Commission November 16, 2000 Page 9 B. Electi.on .of Officers - The following officers were elected by secret ballot: Marian McNamee, Chairman Jerry Collins, Vice Chairman C. CML W.orksh.on - Alan White announced that there will be a CML workshop on December 15. Commissioners should contact Kathy Field if they wish to attend. 11. COMMISSION REPORTS A. Brewer Tire Pr.onertv - Commissioner THOMPSON requested staff to investigate the outside storage of tires on this property. She believed the owners are in violation of the outside storage ordinance. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT C.ommissi.oner SNOW m.oved and C.ommissi.oner GOKEY sec.onded t.o adj.ourn the meeting at 10:20 p.m. J ~I~ ~ Ann Lazzeri, Rec~ecretary r Planning Commission November 16, 2000 Page 10