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HomeMy WebLinkAbout04/07/2005 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting April 7, 2005 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McMillin at 7:10 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: Anne Brinkman Jim Chilvers John McMillin Phil Plummer Jerry Scezney Kim Stewart Scott Wesley Staff Members Present: Alan White, Community Development Director Randy Young, City Manager Gerald Dahl, City Attorney Meredith Reckert, Sr. Planner 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 April 7, 2005. 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 WESLEY and seconded by Commissioner STEWART to approve the agenda as presented. The motion passed 7-0. 5. APPROVE MINUTES - March 17,2005 It was moved by Commissioner WESLEY and seconded by Commissioner STEWART to approve the minutes of March 17,2005. The motion passed 7-0. Planning Commission April 7, 2005 Page I 6. PUBLIC FORUM Flora Andrus 4790 Easley Road, Golden Ms. Andrus is with the Fairmont Improvement Association and Prospect Recreation and Park District. She expressed appreciation to the Planning Commission for its consideration during a previous hearing on the Comprehensive Plan. She was disappointed that City Council did not follow Planning Commission's recommendations. 7. PUBLIC HEARING A. Case No. WZ-05-01: An application filed by Cabela's Retail Inc. & Coors Brewing Co. to establish zoning of Planned Commercial Development and for approval of an Outline Development Plan for land previously annexed into the City of Wheat Ridge generally located west ofI-70, south of Highway 58 and north of West 32nd Avenue. B. Case No. WZ-05-02: An application filed by Coors Brewing Co. for approval of a Final Development Plan for land previously annexed into the City of Wheat Ridge generally located west ofI-70,south of Highway 58 and north of West 32nd Avenue. C. Case No. WZ-05-04: An application filed by the City of Wheat Ridge to establish zoning for a portion of State Highway 58 right-of-way lying generally between McIntyre Street and 1-70. These cases were presented by Travis Crane. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the cases. He reviewed the staff report and digital presentation. Staff recommended approval of all three cases for reasons outlined in the staff report. Mr. Crane submitted a letter into the record from Otten, Johnson, Robinson, Neff and Ragonetti requesting that the PCD Zoning, the ODP and FDP not be approved at this time. Jerry Dahl advised the Commission that upon his review of the letter, he could find no issues that would preclude the Commission from hearing and acting on the cases at this time. Commissioner BRINKMAN inquired about Jefferson County postings on the subject property. Alan White explained that the County had postponed these hearings. Commissioner SCEZNEY asked about development of parcel 2 and asked if a soils study was done. Alan White stated a geotechnical report was submitted as part of the grading plan and approved by the city's engineering staff. In response to a question from Commissioner McMILLIN, Travis Crane explained that the Comprehensive Plan designates the subject areas as Community Commercial and Business Park. Planning Commission April 7, 2005 Page 2 Dennis Armstrong Cabela's Mr. Armstrong was sworn in by Chair McMILLIN. He stated that, because of concern expressed about traffic, it Was decided to ask for this interim Outline Development Plan to give more time to address traffic issues. Cabela's is presently working with CDOT on the 1601 study which acted on by the State Transportation Commission at a later date. Several meetings will be held to receive public input. A telephone hotline and a website have been also been established to answer citizens' questions. Lynda McNeive Brownstein, Hyatt and Farber Ms. McNeive was sworn in by Chair McMILLIN. She stated that a change in character has occurred because of the recent annexation to Wheat Ridge and the Colorado Mills project. A portion of the property was used for gravel mining which is now depleted and it is time for a reclamation plan. To make the property useful for any purpose it is necessary to do the grading. There would be a great economic benefit to the community in making an unusable piece of property usable for future development. Cabela's has also met all criteria contained in the city code. Dennis Armstrong gave a brief update of traffic study process. A traffic impact study has been completed and available for public review for some time. Meetings are being held with CDOT to complete the 1601 process. When this is complete, a more detailed final development plan proposal can be presented to the city. Regarding the special use permit, two neighborhood meetings have been held with neighbors adjacent to the site. Neil Jaquet Director of Real Estate and Water Resources Coors Brewing Co. Mr. Jaquet was sworn in by Chair McMILLIN. The subject property contained a gravel mining operation which has now ceased and the reclamation permit was turned over to Coors for water storage. Water for this reservoir will come from existing reservoirs. Because it is lower than Clear Creek water will be pumped into and out of the reservoir. In response to an earlier question from Commissioner BRINKMAN, he explained that there will be a boat ramp to provide for maintenance of aerators and water quality management. The reservoir area is 28 acres of which 20 will be water surface. The deepest point will be approximately 70 feet and contain 800 acre feet of water. The limited recreation referred to would be nonpublic.. . limited to a small amount of private (employee) use by permit. The perimeter of the reservoir would be planted with dry land type grasses with drip irrigated trees and shrubs. The eastern shoreline will be rip rapped. Commissioner CHIL VERS stated that landscaping should provide a pleasing look to surrounding properties. He expressed concern about the applicant's landscaping plan in that some of the proposed plants would not survive in the wet area. The type of cottonwood suggested is very invasive. There's another cottonwood that would work better. He requested that applicant plant only vegetation that can survive and not plant any invasive species. Planning Commission April 7, 2005 Page 3 Mr. Jaquet replied that he would take those comments into consideration and work with the planning staff to make appropriate changes. Commissioner BRINKMAN requested that the applicant make sure there is ample room for parking for the boat ramp and recreation area. Commissioner SZECNEY asked about plans for mosquito control. Mr. Jaquet explained that state regulations require that no groundwater may mingle with reservoir water. Drains will prevent groundwater from entering the lake and will also cause the groundwater to exit area. Commissioner BRINKMAN asked what provisions have been made to accommodate a 100- year flood event. Mr. Jaquet explained that there will be a swale through which floodwaters would eventually reach Clear Creek. Frank Wilde 9505 West 44th Avenue Mr. Wilde was sworn in by Chair McMILLIN. He spoke in favor of the application. He is a local business owner and believes Cabela's would provide a great economic boost for the area. Brent Lane 2183 Creighton Drive, Golden Mr. Lane was sworn in by Chair McMILLIN. He agreed with Mr. Wilde's comments. He did express concern about decreased property values from the increased traffic. He asked for the city's utmost due diligence in planning traffic around the development. Kate Newman Jefferson County Planning Department Ms. Newman was sworn in by Chair McMILLIN. She is a planner for Jefferson County and stated that the County is supportive of the economic benefits from the proposed project. However, she expressed concern about traffic impacts on Jefferson County residents and believed the interim zoning would allow grading and preparation of commercial pad sites which entitles future use of the property without an approved traffic plan. She stated the traffic study has not shown evidence that traffic can be addressed realistically. She requested that only the water storage issue be permitted at this time. She submitted a copy of her comments and a letter detailing the County's traffic concerns. She asked for clarification that Jeffco's referral comments on the final water storage FDP had been supplied to the Commission. In regard to Commissioner BRINKMAN's questions about vacation of right-of-way, Ms. Newman stated that the vacation would be delayed until such time as the 1601 process is concluded and traffic alternatives have been studied. Commissioner McMILLIN asked if this application allows for the grading of commercial pad sites. Alan White stated that it only provides for grading to fill in an area that has been mined in the past and provide a level surface. Final grading including preparing the site for final drainage is not being done. Commissioner CHIL VERS commented that traffic concerns are not being considered this evening and will be addressed at future meetings. Planning Commission April 7, 2005 Page 4 Commissioner WESLEY asked about the County's referral comments. Travis Crane replied that the referral was received and a synopsis is contained in the Commissioners' staff report. Darlene Galloway 2110 Applewood Drive, Lakewood Ms. Galloway was sworn in by Chair McMILLIN. She is on the Board of the Applewood Valley Association. She expressed concern that the process has not been correctly followed because neighborhood notification was inadequate. She submitted a letter into the record from Nancy Sells, 3400 Braun Court, that stated she was not notified of the neighborhood meeting of November 30, 2004. Her letter further indicated that her neighbors did not receive notification. In addition, Ms. Galloway stated that no one from the Board of County Commissioners, the County Administrator or the Planning and Zoning Department received notice of the meeting. Travis Crane commented that he has been in contact with Ms. Sells throughout this process and she has been notified of meetings. He also stated that records indicate Jefferson County was provided notice of the neighborhood meeting. John VilIachica 9695 West 44th A venue, Wheat Ridge Mr. Villachica was sworn in by Chair McMILLIN. He spoke in favor of the application. As a business owner in Wheat Ridge he believes the Cabela's project will provide a much needed boost for the economy as well improvement to the quality of life in Wheat Ridge. Cabela's will provide many jobs including jobs for teens. He expressed concern about traffic issues where teenagers have to drive across town via 1-70 and C-470 to reach their places employment. He has spoken with over a hundred small business owners who share his support of Cabela's. Barbara Barry Applewood Valley Association PO Box 25, Golden Ms. Barry was sworn in by Chair McMILLIN. She stated that she is not opposed to Cabela's. She submitted into the record a copy of the official development plan for this area as approved by Jeffco in 1973. She asked that the requested zoning not take place until all traffic studies are complete. She suggested that the Commission recommend a condition to change the application to Planned Development Industrial and Agricultural District. Gerald Dahl commented that the requested zoning, if approved, would not give entitlements to other uses and zone districts not contained in this application. Commissioner McMILLIN clarified that this rezone would not give a vested right for commercial development. An ODP amendment would be required for development. Jan McQuade-Sturm Applewood Valley Association PO Box 25, Golden Ms. McQuade-Sturm was sworn in by Chair McMILLIN. She expressed concern that, once zoned, the owner would have use by right. Before zoning can be approved, the city needs to Planning Commission April 7, 2005 Page 5 find that adequate infrastructure is present or will be provided for the planned purpose. The staff report said there would be no impact on present infrastructure by this change in zone and limited uses allowed. Infrastructure is not present for a commercial business park. She also requested that the zoning be changed to Planned Development Industrial and Agricultural District similar to the 1973 designations. She submitted a letter into the record from Cabela's attorneys, Brownstein, Hyatt and Farver to Tom Norton, Director of CDOT, stating in part "While Cabela's understands that many in the region hope the proposed project will be a catalyst for solutions to longstanding traffic problems, the project cannot and should not be expected to financially support the entire regional traffic infrastructure improvements established by the 1601 Study." Jean Osborne 1221 Wells Street, Golden Ms. Osborne was sworn in by Chair McMILLIN. She is President of the Daniels Welchester Homeowners Association. She expressed concern that this zoning request is premature. She agreed that Cabela's would present an economic asset to the area, but the impact would be placed on the unincorporated area of Jefferson County surrounding the proposed development. She believed the proposed zoning would give Cabela's the go-ahead to develop without fully addressing their impact on the surrounding neighborhood. She requested a zoning of Industrial and Agricultural and then Cabela's could come back at a later date for rezoning when they have everything in place. Chair McMILLIN asked if there were others who wished to address these cases. There was no response. (The meeting was recessed from 9:00 p.m. to 9:12 p.m.) Commissioner BRINKMAN asked Mr. Armstrong if he contacted the city to obtain a list of homeowners residing within the 600-foot limit for notification of neighborhood meetings. Mr. Armstrong replied that he did obtain the names and notified those people of the neighborhood meeting. At the request of Commissioner McMILLIN, Alan White reviewed the differences between commercial zoning and planned commercial development. Commissioner McMILLIN asked Mr. Armstrong to address the zoning issues. Mr. Armstrong stated that it is necessary to put zoning in place 90 days after annexation. This is part of a process to put their project together but would not give Cabela's the right to develop a retail complex. Traffic and other issues will be addressed at a later date. Chris Zenisek Brownstein Hyatt & Farber Mr. Zenisek was sworn in by Chair McMILLIN. He stated that the rezoning and ODP would not prejudge future land uses not contemplated by this submittal. Planning Commission April 7, 2005 Page 6 Commissioner WESLEY expressed appreciation to members of the public who attended the meeting to express their opinions. He stated that there seems to be general agreement that a Cabela's development would be good for the economy with major concerns being traffic impact. He believed the applicant has taken a proactive step to address citizen concerns by slowing the process and requesting an interim ODP and inviting citizen participation. Chair McMILLIN reminded those present that the most critical issues will be addressed at a future time and he was assured that approval of the application tonight would not be prejudging the situation. It was moved by Commissioner BRINKMAN and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-05-01, a request for approval of an establishment of Planned Commercial Development zoning for properties located west of 1-70, south of Highway 58 and north of West 32nd Avenue, for the following reasons: 1. The proposed zoning meets the criteria of Code Section 26-112.D. 2. The proposed zoning and interim ODP fulfills the State requirement that the annexed property must be zoned within 90 days. 3. The zone designation is consistent with the future land use map in the Comprehensive Plan. 4. The uses and the requirement to obtain a special use permit for any excavation or fill activity will minimize any adverse impacts to the surrounding area. 5. There has been a change in character in the area as evidenced by the annexation of the property to the city and the commercial development to the south and the industrial development to the north. 6. The change in zone is compatible with Planned Development zoning to the north, east and south. 7. There is a physical benefit to the change of the zoning resulting from the reclamation of the former gravel mine site. The motion passed 7-0. It was moved by Commissioner PLUMMER and seconded by Commissioner BRINKMAN to recommend approval of Case No. WZ-05-02,a request for approval of a Final Development Plan for property located generally west of 1-70, south of Highway 58 and north of West 32nd A venue, for the following reasons: 1. The Final Development Plan is consistent with the Outline Development Plan. 2. The Final Development Plan meets the criteria in Article III of the Code of Laws. Commissioner WESLEY offered the following friendly amendment which was accepted by Commissioner PLUMMER: With a recommendation that the applicant review the vegetation they are presently planning to place in the area around the retention pond, and not plant any vegetation that would tend to act as a detriment to' surrounding land or structures. The amended motion passed 7-0. Planning Commission April 7, 2005 Page 7 It was moved by Commissioner PLUMMER and seconded by Commissioner STEWART to recommend approval of Case No. WZ-05-04, a request for approval of an establishment of zoning for Highway 58 and associated right-of-way located west of 1-70 and east of Eldridge Street, for the following reasons: 1. Colorado State statute requires that for all property annexed by a municipality, zoning must be established within 90 days. 2. The A-I zone designation is consistent with the zoning designation of 1-70. 3. The zoning will not adversely affect public health, safety or welfare. 4. There are no impacts to infrastructure as a result of the zoning. The motion passed 7-0. 8. OLD BUSINESS . Commissioner WESLEY renewed his earlier request for a traffic study on 3Znd between Wadsworth and Kipling. It seems to have more relevance at this point since 3Znd Avenue is a direct cut-through from downtown Denver out past 1-70. 9. NEW BUSINESS . Commissioner PLUMMER and Commissioner BRINKMAN announced that they would not be present at the May 5 Planning Commission meeting. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner WESLEY to adjour the meeting at 9:40 p.m. The motion passed 7-0. a Planning Commission April 7, 2005 Page 8