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HomeMy WebLinkAbout10/02/2003 CITY OF WHEAT ~IDGE PLA~NG COMMISSION 0 RIG I N A l Mmutes ofMeetmg October 2, 2003 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McNAMEE at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th A venue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Karen Berry John McMillin Marian McNamee Phil Plummer Michael Stites Paula Weisz Kevin Witt Commission Members Absent: Kimberly Davis (excused) Staff Members Present: Alan White, Community Development Director Travis Crane, Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of October 2, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN to approve the order ofthe agenda as presented. The motion passed 7-0 with Commissioner DAVIS absent. 5. APPROVE MINUTES September 4. 2003 Minutes Since Commissioner McNAMEE was not present at the last meeting when the September 4, 2003 minutes were considered, she requested an amendment to those minutes under item 4 as follows: The minutes should reflect that she did not second the motion to approve the order of the agenda. It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to approve the minutes of September 4, 2003 with the amendment stated by Commissioner McNAMEE. The motion passed 7-0 with Commissioner DAVIS absent. Page 1 Planning Commission October 2, 2003 September 18. 2003 Minutes It was moved by Commissioner STITES and seconded by Commissioner McMILLIN to approve the minutes of September 18, 2003 as presented The motion passed 5-0 with Commissioners McNAMEE and BERRY abstaining and Commissioner DAVIS absent. 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. 7. PUBLIC HEARINGS A. Case No. WS-03-01: An application filed by the Wheat Ridge Urban Renewal Authority in conjunction with Cornerstone Group for approval of a consolidation plat and alley vacation for properties located at 5208 West 38th Avenue, 5250 West 38th Avenue, 5280 West 38th Avenue, 3749 Sheridan Boulevard, 3718 Ames Street and A.P.N. 39-251-01-038 (the parking lot directly to the north of 3718 Ames Street.) The case was presented by Travis Crane. He advised the Commission there was jurisdiction to hear the case. In addition to the case file and other pertinent documents, he entered the following letters into the record: . Three letters in opposition to the case (one letter contained 42 signatures; one contained 4 signatures and one contained I signature). . Letter in support of the case. . These letters were made a part of the official case file. Mr. Crane reviewed the staff report and digital presentation. He advised the Commission that it would be necessary for the special use permit application asking for a drive-through for the proposed Walgreens to be heard before City Council due to the fact that objections to the application were received. Staff recommended approval of the case for reasons outlined in the staff report. Commissioner BERRY referred to the five-foot easement proposed for the southern boundary of the property and suggested it should be ten feet due in accordance with the code that requires a ten foot easement when adjacent to nonresidential property. Alan White agreed that the easement should be changed to ten feet and included as a condition of approval. Commissioner BERRY referred to the conditions for a final plat that require proof of ownership and proof that the property is free of encumbrances when new easements to public agencies are to be dedicated. She asked how the Commission could be assured that the property is free of encumbrances when the applicant doesn't yet own the property and wondered if it would be necessary to waive those requirements. Alan White stated that as the Urban Renewal Authority (URA) proceeds through the process of property acquisition, title work will be ordered on all of the properties. Initial work has begun Page 2 Planning Commission October 2, 2003 and nothing out of the ordinary has been revealed so far. He commented that this requirement was instituted to protect the city from any encumbrances for right-of-way or park sites that may be dedicated to the city. In response to a question from Commissioner BERRY, Alan White stated that all affected property owners have been notified of the Urban Renewal Authority's intent to acquire their property. Commissioner McNAMEE asked if it were necessary for all property owners to agree to sell in order for the consolidation plat to be approved. Alan White explained that the city would be under a 60-day timeframe if the plat were approved by City Council. If negotiations to acquire all of the properties were successful, the plat approval would be valid. However, if all properties are not acquired within the 60-day timeframe, the plat could not be signed because the URA would not be the owner and the plat could not be recorded. Commissioner WEISZ requested a synopsis of the neighborhood meeting held this evening prior to the Commission meeting. Mr. White stated that concerns were essentially the same as those voiced at the September II meeting regarding access issues and traffic on Ames. Commissioner WEISZ asked if the new easements would affect drainage. Travis Crane replied a full drainage report would be required at the time of development. In answer to a question from Commissioner WEISZ, Mr. Crane stated a traffic study has been submitted and would be discussed as part of the Special Use hearing before City Council. In answer to a question from Commissioner PLUMMER, Mr. Crane stated that the city traffic engineer recommended the access point for this property be located at Ames and Sheridan. CDOT controls the intersection of 38th and Sheridan. Commissioner McMILLIN asked if eminent domain could be put into effect during the 60-day period previously referred to. Mr. White stated that while it is hoped eminent domain proceedings would not have to be put into effect, it is possible those proceedings could take place within the sixty-day time period. Negotiations with landowners are scheduled to take place within the next week or two and it is possible that negotiations may not be settled within the sixty-day time period. Jeff Bailey Cornerstone Group 6500 South Quebec, #300, Englewood, CO Mr. Bailey was sworn in by Chair McNAMEE. Cornerstone Group is the developer for the proposed Walgreens store. He stated that concerns voiced during this evening's neighborhood meeting related to traffic issues on Ames Street, access cuts, and traffic generation that would be produced by Walgreens. Drainage issues were not discussed. In response to a question from Commissioner WITT, Mr. Bailey stated the approach for east- bound traffic through the drive-through would be to right-exit onto Sheridan. Drivers could loop around building and right-exit on Ames to go to 38th Avenue. Deliveries would take place from 38th Avenue. He stated there would be no need for truck traffic on Ames Street or for Planning Commission October 2, 2003 Page 3 drivers to go south on Ames Street from the site. The developer would be willing to post no- left turn and no-truck signs on Ames Street as well as install speed bumps on Ames. Kathleen Krager Bowers & Krager 899 Logan, Denver, CO Ms. Krager was sworn in by Chair McNAMEE. Her firm performed the traffic study which was reviewed and submitted to CDOT and the City for review and approval. CDOT has approved a % access from Sheridan at the south end of the site which will allow for northbound left turns into the site, southbound right turns into the site and southbound right turns out of the site. In reply to a question from Commissioner WEISZ, Ms. Krager stated that trip generations are projected to be approximately 1,250 trips per day with 147 trips occurring within the p.m. peak hour. Existing peak use is approximately 100 trips. She also stated that a drive cut close to Ames rather than having access from Ames would create more traffic problems. Further studies will be performed if required by the city. In reply to a question from Commissioner McMILLIN, Ms. Krager stated that projections for trip generation on Ames Street is estimated to be 8 additional vehicles during peak hour resulting from the Walgreens development. She stated that 38th and Sheridan is presently a service level D and that this amount of traffic generally does not cause traffic to drive through neighborhoods. Commissioner McMILLIN asked why the Commission did not receive a copy of the traffic study. Mr. White replied that the study is relevant to the Special Use Permit which will be heard before City Council. Commissioner BERRY commented that it would have been helpful to have a copy of the traffic study results even though it isn't an absolute requirement of the plat. In answer to a question from Commissioner BERRY, Ms. Krager stated no problems were found with stacking distances at peak hours. Commissioner McNAMEE suggested that Ms. Krager supply information regarding drive- through trip generation for consideration at the Special Use hearing. Elise Brougham 3545 Allison Court Ms. Brougham was sworn in by Chair McNAMEE. She spoke in opposition to the case and the entire concept of urban renewal and condemnation of property by owners unwilling to sell. She submitted into the record a copy of an article from the Reader's Digest concerning the national trend toward eminent domain in urban renewal projects. Copies were also provided for each Commissioner. She requested that all boards, commissions and city council deny all cases associated with this urban renewal project based on the fact there will be a seizing of property, it does not make financial sense and is against the wishes of the citizens of Wheat Ridge. Planning Commission October 2, 2003 Page 4 In response to a question from Commissioner WEISZ, Ms. Brougham stated that she was a resident of Wheat Ridge but not one of the affected property owners. Linda HiIlshafer 3245 Ames Street Ms. Hillshafer was sworn in by Chair McNAMEE. She spoke in opposition to the case. She stated that Casman's, Paradise Billiards and Old World Lighting have improved their properties in order to comply with the streetscape plan. The 24-hour Walgreens is contrary to the city plan and would increase neighborhood traffic on residential streets with increased dangers to children and senior citizens. Destruction of the alley and moving the sewer line would place a strain on a non-robust system. She believed Walgreens is not needed, would divert customers from King Soopers, would pose a variety of hazards and is contrary to the city's vision. She further stated that this attempt to destroy small locally-owned businesses and replace them with an out-of-state business is outrageous. Scott Wesley 3507 Ames Street Mr. Wesley was sworn in by Chair McNAMEE. He spoke in opposition to the case and agreed with the previous speakers. He was opposed to the approval of a consolidation plat without ownership by the applicant and believed it would set a dangerous precedent. He felt that the traffic study performed on behalf of the developer was most likely biased and felt there should be an independent traffic study. He did not believe it was incumbent upon the residents of the area to pay for an independent study as was suggested by the developer at a neighborhood meeting. He expressed concern about the safety of the 25-30 children under the age of twelve who live in the neighborhood. He suggested an entrance from 38th Avenue rather than Ames Street. Jan Deut 3235 Ames Street Ms. Dent was sworn in by Chair McNAMEE. She spoke in opposition to the case and stated her agreement with the previous speakers. Natalie McDonough 3735 Benton Street Ms. McDonough was not present but had signed the public hearing roster indicating her opposition to the case. Margaret Konsakke 3708 Ames Street Ms. Konsakke was not present but had signed the public hearing roster indicating her opposition to the case. . Robert Wallace 3749 Sheridan Mr. Wallace was not present but had signed the public hearing roster indicating his opposition to the case. Planning Commission October 2, 2003 Page 5 Anthony Bracciante 3500 Benton Street Mr. Bracciante was sworn in by Chair McNAMEE. He spoke in opposition to the case and stated his agreement with the previous speakers. Traffic hazards already exist with the double turn onto Benton and into the King Soopers and will be worsened by a Walgreens in the area. . He asked the Commission to consider the longevity of another pharmaceutical company on this corner when there are approximately 5,000 pharmacist vacancies in the nation, a situation which will exist for several years. Lara Bracciante 3500 Benton Street Mrs. Bracciante was sworn in by Chair McNAMEE. She spoke in opposition to the case arid stated her agreement with the previous speakers. She stated that she and her husband chose to purchase a home in this location because Wheat Ridge is a community and believes the Walgreens would help to chip away at the community aspect of the city. Chuck Mandril 4660 Teller Street Mr. Mandril was sworn in by Chair McNAMEE. Mr. Mandril stated he owns Casman's Automotive which has been in his family for the past fifty-five years. He stated that it is already tenuous to turn right onto southbound Sheridan and Walgreens would worsen this problem. It is almost impossible to turn from his property onto westbound 38th Avenue. He expressed concern that drivers will turn left onto Ames regardless of posted signs. He further stated that the Urban Renewal Authority and City Council have consistently gone against the wishes of the people in the area and that Planning Commission could be the last stand in keeping the city from taking businesses and neighborhoods away. He stated that he intends to fight to keep his business in this location. In response to a question from Commissioner McMILLIN, Mr. Mandril stated that the traffic study was fairly accurate in stating the traffic generation counts for his business. Commissioner WEISZ asked about projected revenue to the city from the proposed Walgreens. Alan White replied that projections based upon other Walgreens in the city are that this store should generate approximately $75,000 in additional sales tax and approximately $15,000 in property tax per year. In response to a question from Commissioner McMILLIN, Alan White stated that the current zoning, existing use and proposed use are in compliance with the Comprehensive Plan. Commissioner BERRY referred to Article IV of the Subdivision Code which allows the city to request drainage plans, grading plans, engineering plans and traffic impact analyses and commented that the Commission should have the ability to look at those issues under the consolidation plat. Alan White replied that those issues are considered according to the complexity ofthe project (especially drainage and traffic issues) at the time of platting. He further stated that if the plat Planning Commission October 2, 2003 Page 6 were approved by City Council, all ofthose issues would be reviewed before a building permit could be issued. Commissioner PLUMMER commented that he could understand the neighborhood concerns about traffic on Ames Street. He expressed concern about businesses being forced to sell to allow another business to come in. He didn't understand why Walgreens would want to build at this location since a traffic problem already exists. He asked if other property owners were willing to sell their property. Alan White explained that it is not known at this time if other property owners are willing to sell because negotiations have not yet begun. The law prohibits negotiations until financing is in place. Commissioner WEISZ asked if traffic studies were done on the alley. Ms. Krager returned to the podium and stated that traffic studies were not done on the alley. Chuck Mandril returned to the podium and stated that most alley traffic is generated from his shop and Paradise Billiards. Some residents have indicated they like to use the alley for access to Ames Street. Commissioner WEISZ asked ifMr. Mandril believed elimination of the alley would actually reduce traffic in the area. Mr. Mandril replied that it wouldn't help at all ifWalgreens were built. Commissioner BERRY asked how long it would be, after paying off the development through tax increment financing, before the city would realize the benefit of increased sales tax. Mr. White replied that it is presently estimated to be approximately five years. Commissioner STITES asked members of the public if they would be in favor of the Walgreens development if traffic problems on Ames Street were resolved. No one raised a hand in response. (Chair McNAMEE declared a brief recess at 8:37 p.m. The meeting was reconvened at 8:47 p.m.) It was moved by Commissioner BERRY aud seconded by Commissioner WEISZ that Case No. WS-03-01 be continued to the next Planning Commission meeting and that a copy of the traffic impact analysis and report in accordance with standards adopted by the public works department and complete engineering plans and specifications for traffic control devices, traffic calming features and street and related public improvements related to traffic be provided to the Commission for that hearing. Commissioner McMILLIN commented that this is a sad and difficult case to decide and would support the motion because he believed more study is needed at this level. He agreed with comments made about criticism of the urban renewal process in the case because there are three functioning businesses at the site. He further apologized to the citizens for action recently Planning Commission October 2, 2003 Page 7 taken by City Council which removed Planning Commission from the special use permit process which prevents the Commission from considering certain information. Alan White informed the Commission that the applicant was opposed to a continuance and requested that a vote be taken for approval or denial at this time. The motion passed 5-0 with Commissioners PLUMMER and McNAMEE voting no and Commissioner DAVIS absent. 8. OLD BUSINESS . Commissioner McMILLIN expressed concern about the traffic situation at the new Starbucks at 38th and Kipling. The problem seems to be caused by two entrances (one serves Starbucks and the other serves the thrift store). He asked if the city could give consideration to closing one of the entrances. Mr. White explained that this is a matter that should be brought to the attention of the public works department and is not a Commission matter. 9. NEW BUSINESS A. Approval of a resolution concerning a modification to the 38th Avenue Corridor Redevelopment Plan. Under Urban Renewal Law, the plan modification to initiate tax increment financing is submitted to the Planning Commission to evaluate its compliance with the Comprehensive Plan. Commissioner BERRY stated she would like to see details of the financing for the project. Mr. White replied that he didn't believe the financing details were relevant as to whether or not tax increment financing is found to be in compliance with the Comprehensive Plan. Commissioner McMILLIN asked if the Comprehensive Plan contained information on tax increment financing. Mr. White replied that it does not. Commissioner BERRY commented that there is an economic development part of the Comprehensive Plan and her reason for requesting more information was that she believed tax increment financing presents a debt on the city. Commissioner WEISZ commented that tax increment financing helps develop projects that could otherwise not occur. It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER to adopt Planning Commission Resolution 01, series of 2003, finding the First Modification to the 38th Avenue Corridor Redevelopment Plan to be in compliance with the City of Wheat Ridge Comprehensive Plan. The motion passed 7-0 with Commissioner DAVIS absent. Planning Commission October 2, 2003 Page 8 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to adjourn the meeting at 9:07 p.m. The motion passed unanimously. (ltcu./ru\ !hCA)fYvlg.P, Ma ian McNamee, Chair /J ...Y ~ Ii/) . Ann Lazzeri, Recor~ Planning Commission October 2, 2003 Page 9