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HomeMy WebLinkAbout02/07/2008 ,"~.I,.( _ ~ City of ?WheatRi9ge ORIGINAL PLANNING COMMISSION Minutes of Meeting February 7, 2008 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair SCEZNEY at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers Dick Matthews John McMillin Davis Reinhart Jerry Scezney Kim Stewart Commission Members Absent: Cassie Spaniel Staff Members Present: Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner Gerald Dahl, City Attorney Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner REINHART and seconded by Commissioner MATTHEWS to approve the order ofthe agenda. The motion carried unanimously. 5. APPROVAL OF MINUTES - January 17, 2008 It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to approve the minutes of January 17, 2008 as presented. The motion carried 4-0 with Commissioners CHIL VERS, SCEZNEY and STEWART abstaining and Commissioner SPANIEL absent. Planning Commission Minutes February 7,2008 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. 7. PUBLIC HEARING A. Case No. WZ-08-01: An application filed by Michael G. Pharo Associates for M & E Financial for approval of a change of zoning conditions approved pursuant to Case No. WZ-05-10 and approval of an Outline Development Plan (ODP) for property zoned Planned Commercial Development (PCD) and located at 7495 West 29th Avenue. Prior to hearing the case, Commissioner REINHART disclosed that he has done business in the past with the architectural firm representing the applicant. He stated that he has no association with the subject case nor does he have any interest in the final outcome and there was no reason that he could not hear this case. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She also entered a letter into the record which she received this day from Janis A. Havens expressing opposition to any zone change that would allow demolition ofthe Olinger mansion. Each Commissioner received a copy of the letter. Staff concluded that the proposed modification to the original zoning conditions must be processed as a zone change and that criteria used to evaluate a change of zoning conditions supports approval of the modified ODP. The proposal is consistent with the Wadsworth Corridor Subarea Plan, the goals of the Neighborhood Revitalization Strategy and the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. Therefore, staff recommended approval of the application with conditions outlined in the staff report. In response to a question from Commissioner REINHART, Ms. Reckert explained that the city would like a 10-foot sidewalk to be built in a location where it would not be displaced by a new traffic lane on Wadsworth in the future. Commissioner STEW ART stated that it was her understanding that the deed was to be held in perpetuity and could not be rescinded. Gerald Dahl explained the covenant names the City of Wheat Ridge as the sole beneficiary. As sole beneficiary, the City could make a decision to rescind the covenant. In the event the application moves forward and is approved by City Planning Connnission Minntes 2 February 7, 2008 Council, the applicant would ask the city to rescind the restrictive covenant. The covenant could be rescinded by a separate motion or could be made part of the ordinance. Commissioner BRINKMAN noted a correction to the neighborhood meeting date that should reflect the year 2008 rather than 2007. In regard to a question from Commissioner BRINKMAN, Ms. Reckert explained that CDOT has approved a right-in, right-out access to the property from Wadsworth because there are two existing curb cuts on the property, one of which will be eliminated and the other allowed to remain. Commissioner BRINKMAN asked if the property had been inspected by City engineers. Ken Johnstone stated that he and other staff members walked through the house about a month ago. The interior has been converted to office use and it would be incredibly expensive to restore it to its original character. Meredith Reckert noted that the building in its present condition would not meet a number of present building and fire code requirements. Commissioner SCEZNEY asked about the pergola and retention of landscaping on the new plan. Ms. Reckert stated that the pergola has been deconstructed and diseased trees have been removed. Mike Pharo 2835 W. Oxford, #6, Englewood Mr. Pharo is a land planning consultant for his client M&E Financial. He stated that resistance to sale of the property has been due to the stigma attached to the mansion being used as a mortuary. There is also a significant impact resulting from the cost of renovating the building. The cost to renovate would exceed the cost of new construction. The corner location is desirable, but cannot be used for new construction if the mansion remains. Mr. Pharo stated that the proposal for Three Sons Restaurant to build on this property is a scenario that makes sense for this piece of property. However, the restaurant owners do not want the property if the mortuary building remains and therefore the request is being made to allow its removal. Mr. Pharo stated that while zoning is based on a maximum allowance of 30,000 square feet, the current site plan would only use 24,400 square feet. Twenty feet of right-of-way is being provided for additional improvements on Wadsworth. The walkway in the northeast corner is being shown at the city's request. There had been an earlier plan to have a plaza at the walkway connection but it was eliminated based on objection from the neighborhood. Additional right-of-way will be required for a turn lane into the development from 29th Avenue. The Planning Commission Minutes 3 February 7,2008 access will be relocated to align with the entrance into city hall. The barn on the property was dismantled and will be reassembled elsewhere. The property owners offered the little house to anyone who would like to have it and move it. The same offer stands for the mansion. Bruce McLennan SEM Architects 6777 S. Colorado Boulevard, Denver Mr. McLennan is the architect for Three Sons Restaurant. He showed architectural renderings of the proposed restaurant building to the Commission. The restaurant design has a Tuscan feel to it. However, that architectural style would not apply to the rest of the development in order for the restaurant building to stand out. Mike Pharo returned to the podium to say that he accepted six of the seven conditions for approval. The one condition he would not accept is the requirement to build a 10- foot sidewalk behind the dedication area. Due to drainage flowing to the southeast corner of the property and the requirements for onsite detention and retention facilities, the development needs to be moved westward. He did not believe it was fair to ask for an additionallO-foot sidewalk easement in addition to the 20-foot right-of-way easement for Wadsworth improvements. He did not agree with the city's request for an expenditure of $50,000 to build a sidewalk that goes nowhere and would limit development of the property. Commissioner BRINKMAN asked ifthere was a serious interest by the restaurant. Mr. Pharo explained that M&E Financial is under contract with the Three Sons Restaurant. The contract is contingent upon the ability to remove the existing structure. Work is underway for the final development plan for this first phase. There is reasonable expectation that the remainder of the property will be developed with Three Sons Restaurant serving as the catalyst. Commissioner BRINKMAN asked about the building on the ODP that shows a drive-through. Mr. Pharo explained that this is included in the ODP in case a business required a drive through. He explained that it would be a "soft" drive- through which is the type used by establishments such as coffee shops and pharmacies. Commissioner CHIL VERS asked why M&E Financial agreed to the restrictive covenant which was placed on the property two years ago. Mr. Pharo explained that when his client first looked at the property there was no indication that the Historical Society was concerned. When the Society's concern Planning Commission Minutes 4 February 7, 2008 became apparent, they decided to try to work around keeping the mansion. He stated, however, that they have been unable to find a developer who could make the property work in the marketplace if the mansion remains. In response to a question from Commissioner McMILLIN, Mr. Pharo stated that his client does not believe the cemetery and mausoleum across the street would be a deterrent to his restaurant business. Commissioner McMILLIN commented that the Olinger mortuary near Highlands has been successfully converted to retail and restaurant use. Commissioner STEW ART asked Mr. Pharo ifhe was aware at the time he entered into the agreement with the city that the covenant could be rescinded. He stated that he was aware that it could be rescinded only with the City's permission. Commissioner STEW ART expressed concern that there are already three vacant restaurants in the city. Mr. Pharo commented that Three Sons is well known in the metro area and has been around for many years. In response to a question from Commissioner STEW ART, Mr. Pharo stated that development of the restaurant would probably begin within three to six months if the application is approved. Commissioner BRINKMAN asked how much probability exists for a church to buy the property. Mr. Pharo stated that religious groups have shown the strongest interest. (Chair SCEZNEY declared a recess at 8:38 p.m. The meeting was reconvened at 8:45 p.m.). Chair SCEZNEY asked to hear from members of the public. Claudia Worth 4650 Oak Street Ms. Worth spoke in opposition to the application. Her concerns for the neighborhood included drainage problems, widening of 29th Avenue and having an outdoor patio behind the residential neighborhood. Speaking for the Wheat Ridge Historical Society, she noted that a historical designation requires the exterior to remain unchanged but says nothing about the interior. She stated her belief that the mansion could be preserved. Commissioner McMILLIN asked about the landmark status of the mansion. Ms. Reckert explained the timeframe requirements. She estimated the end of March before the matter goes before City Council. Planning Connnission Minutes 5 February 7,2008 Don Edeland 2935 Webster Mr. Edeland spoke in opposition to the application. He stated that he understood the zoning ofthis land was on the condition that the mansion could not be torn down. The developer agreed to those restrictions. He stated his opinion that it is not the city's responsibility to approve zone changes so a developer can show a profit. Christina, representing the Wilson family 2915 Webster Christina spoke in opposition to the application. She proposed renovation of the existing building in order to prevent the destruction of a landmark. Kevin Greene 2916 Webster Mr. Green spoke in opposition to the application. He stated that it is unfair to rescind the covenant. The neighborhood is not declining and is, in fact, being revitalized. A restaurant with a patio in neighborhood's back yards would have a negative impact. He suggested that the property be recognized for the gem that it is and that a church would be an acceptable use. Kathy Snyder 2995 Webster Ms. Snyder spoke in opposition to the application. She stated that she has attended all ofthe meetings regarding this property and she asked that the property be kept as is in order for the neighborhood to maintain its tranquility. She objected to a restaurant patio being built in close proximity to her bedroom window. She stated that the neighborhood agreed to the zoning on the condition that the mansion would stay. She stated that she had never been in agreement with commercial zoning on this property. Chair SCEZNEY asked ifthere were other individuals who wished to speak. Hearing no response, he closed the public hearing. In response to a question from Commissioner BRINKMAN, Ms. Reckert stated that the mansion as it sits now does meet the parameters of the subarea plan. Commissioner REIINHART asked if there is any precedent to designate a property as a landmark against the will of the property owner. Mr. Johnstone stated that Denver allows landmark designation without the owner's consent but only with a super majority vote of City Council. Commissioner McMILLIN commented that he didn't have enough information to prove that the mansion is not a viable building. Planning Connnission Minutes 6 February 7,2008 Commissioner STEW ART expressed regret that she didn't ask the right questions at the last hearing regarding perpetuity of the covenants. She stated that, while she understood the need for tax revenue, she believes there are possibilities for use of the mansion. Commissioner CHILVERS stated that he is in favor of developing the subject property and he likes the Three Sons proposal. However, he objected to the zoning change made two years ago. Commissioner REINHART stated that he had similar concerns as Commissioner CHIL VERS. He commented that the mansion is the history rather than the future for that corner. Commissioner McMILLIN commented that he recognizes the mansion as a historic structure in Wheat Ridge. He also stated that he couldn't truly evaluate the strength of the market efforts made for this property. He stated his belief that there is an obligation to the community to not give up a historic building for an uncertain development. He suggested a compromise of having Three Sons build on another portion of the lot and allow the mansion to be torn down five years thereafter. Also, in a few years, there may be more of a market for developers who want to reconstruct the mansion in a manner similar to what has happened in Highlands. Commissioner BRINKMAN commented that she is pro development. However, the citizens have presented a good case regarding what they were told initially and what they are being told now. She also stated that citizens have a responsibility to work with the developer in finding a use for the building. Commissioner STEW ART asked ifthere is any way to make Commissioner McMILLIN's proposal binding. Mr. Dahl stated there are several avenues, one of which would be to name different beneficiaries. Commissioner REINHART stated that as he has listened to different ideas to jump hoops that look harder than when the first proposal came before the Commission, he was going to reverse his original position. He stated that he believed this is a good development plan that is within the Wadsworth Subarea Plan and is consistent with the intent and needs of the community. In light of Cabela's failing to move forward, the opportunity to set in place a viable retail development is one that shouldn't be avoided simply over nostalgia. It was moved by Commissioner REINHART and seconded by Commissioner MATTHEWS to recommend approval of Case No. WZ-08-01, a request for approval of a change in zoning conditions approved pursuant to Case No. WZ-05-10 and for an amended Outline Development Plan for property located at 7495 West 29th Avenue for the following reasons: Planning Commission Minutes 7 February 7,2008 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-05-10. 2. Retention of the existing structures on the property has proved to be prohibitory to development of the rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-10. 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are consistent with the CommerciallIndustrial Design Standards in the Architectural and Site Design Manual. 6. With modifications recommended by staff, all requirements of an Outline Development Plan have been met which will allow administrative approval of FDPs for the property. With the following conditions incorporated into the plan set prior to City Council public hearing: 1. For consistency with the intent and requirement of the expedited ODP/FDP process, the site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. 2. On Sheet 2, modify the 29th Avenue access to align with the centerline of the city hall access. 3. A left hand turn lane be provided along the West 29th Avenue frontage. The required right-of-way dedication will be assessed at the time of FDP and plat. 4. On all graphic sheets, modify the sidewalk along Wadsworth to be 10 feet in width and located behind the 20-foot right of-way dedication. The proposed parking should be shifted east to accommodate this. 5. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renumbered accordingly. 6. The proposed materials and colors be added to the architectural elevations. 7. The existing restrictive covenant requiring retention of the old house be released as an encumbrance on the property. The motion failed by a vote of 3 to 4 with Commissioners STEWART, McMILLIN, BRINKMAN and CHILVERS voting no and Commissioner SPANIEL absent. Commissioner BRINKMAN stated that the applicant had a good point about the additional 10 feet for a sidewalk. Commissioner REINHART suggested that this Planning Commission Minutes 8 February 7, 2008 is a matter that could be worked out between the applicant and the staff. The Commission agreed that condition no. 4 should be removed. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to recommend approval of Case No. WZ-08-01, a request for approval of a change in zoning conditions approved pursnant to Case No. WZ-05-10 and for an amended Outline Development Plan for property located at 7495 West 29th Avenue for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-05-10. 2. Retention of the existing structures on the property has proved to be prohibitory to development of the rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-10. 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are cousistent with the CommerciaIlIndustrial Design Standards in the Architectural and Site Design ManuaL 6. With modifications recommended by staff, all requirements of an Outline Development Plan have been met which will allow administrative approval of FDP's for the property. With the following conditions incorporated into the plan set prior to City Council public hearing: 1. For consistency with the intent and requirement of the expedited ODP/FDP process, the site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. 2. On Sheet 2, modify the 29th Avenue access to align with the centerline of the city hall access. 3. A left hand turn lane be provided along the West 29th Avenue frontage. The required right-of-way dedication will be assessed at the time ofFDP and plat. 4. The architectural elevations and isometric perspectives be incorporated into the plan set and all sheets be renumbered accordingly. 5. The proposed materials and colors be added to the architectural elevations. 6. The existing restrictive covenant be modified to assure that the old house will be retained for five years. Planning Commission Minutes 9 February 7, 2008 Commissioner MATTHEWS commented that after five years of vacancy, the building may not be worth preserving. Commissioner STEW ART noted that the owner is responsible for keeping the exterior in good shape. The motion carried 6-1 with Commissioner SCEZNEY voting no and Commissioner SPANIEL absent. At the request of Commissioner STEWART, Ms. Reckert outlined the process for legal protest. Mike Pharo addressed the Commission to offer tours of the Olinger building to anyone interested. 8. OTHER ITEMS There were no other items to come before the Commission. 9. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner BRINKMAN to adjourn the meeting at 9:56 p.m. The motion passed unanimously. A".L~ Jerr Planning Connnission Minutes 10 February 7,2008