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HomeMy WebLinkAbout11/04/2004 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting November 4, 2004 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Vice Chair McMILLIN at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: John McMillin Jerry Scezney Kim Stewart Scott Wesley Kevin Witt Commission Members Absent: Jim Chilvers Marian McNamee Phil Plummer Staff Members Present: Alan White, Community Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of November 4, 2004. A set of these minutes is retained both in the office ofthe 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 unanimously. 5. APPROVE MINUTES - October 21, 2004 It was moved by Commissioner SCEZNEY and seconded by Commissioner WESLEY to approve the minutes of October 21, 2004 as presented. The motion passed 4-0 with Commissioner WITT abstaining and Commissioners CHIL VERS, McNAMEE, and PLUMMER absent. Planning Commission November 4, 2004 Page 1 I 6. PUBLIC FORUM Roger Loecher 4599 Carr Street Mr. Loecher appeared before the Commission to address pending changes to the sign code and particularly off-premise signs. He asked that the sign code make provision for reasonable advertising for Wheat Ridge businesses. As an example, he expressed concern that his sister- in-law is unable to display a sign on Wadsworth to advertise her apartment building at 4200 Yarrow because the apartment building is not located on the same parcel. 7. PUBLIC HEARING A. Case No. WZ-04-08: An application filed by Robert Dubois for approval of an Outline Development Plan and Final Development Plan for property zoned Planned Industrial Development (PID) and located at 4951 Miller Street. 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 reviewed the staff report and digital presentation. Outline and final development plans must be approved to legitimize the existing use of the property and allow for future redevelopment. The City Attorney advised that this property is zoned PID, not A-I as depicted on the zoning map. Even though the mylars were never recorded, the zone change ordinance was recorded in 1998 without the knowledge of the planning staff. Therefore, staff recommended approval of the application with conditions as outlined in the staff report. Commissioner WESLEY expressed concern about the failure to have the mylars recorded when the PID was approved in 1997. Ms. Reckert stated that the case has been thoroughly reviewed by the City Attorney and he concluded that the PID zoning stands. Commissioner WESLEY suggested that, although he had no problem with the property being zoned PID, the Commission delay a decision on this matter until the matter can go back to City Council to render a decision regarding the legitimacy of the rezoning and go forward from there. He did not feel this would cause any undue burden for the applicant. Alan White commented that even though the mylars were not recorded, the zoning ordinance was recorded and for seven years the property has been shown as PID on public records. He further stated that action recommended by staff at this meeting was based upon legal advice given by the city attorney. Commissioner SCEZNEY stated that he believed action suggested by Commissioner WESLEY would cause a month's delay in the process and present an undue burden on the applicant. In light oflegal advice received from the city attorney, he stated he would vote to approve the case tonight. Commissioner McMILLIN suggested that City Council review all of these matters before making a decision. Planning Commission November 4, 2004 Page 2 Glen Gidley 8684 West Warren Drive Mr. Gidley, who was representing the applicant, was sworn in by Vice Chair McMILLIN. Mr. Gidley explained that Mr. Dubois bought the subject property approximately a year ago with the understanding it was zoned industrial. Mr. Dubois operates a tree trimming and snow removal business. He was not aware of a problem until a Wheat Ridge code enforcement officer informed him that the property was zoned A-I and not industrial. Mr. Gidley further stated that the problem with the ordinance getting recorded without the mylars being recorded happened during a time oftransition in the planning director's position for the City. Mr. Gidley was leaving the position and was being replaced by the present director, Alan White. He also commented that all ofthe past and present issues will be discussed during the City Council hearing and will therefore receive adequate public notice and discussion. Mr. Gidley informed the Commission that Mr. Dubois has agreed to pay for the curb, gutter and sidewalk although he had planned on paying for these items in the future ifhe ever decided to redevelop the property. Vice Chair McMILLIN asked if there were others present who wished to address the matter. Hearing no response, the public hearing was closed. Commissioner WESLEY stated that the application meets all city standards for outline and final development plans and he would therefore vote in favor of the application with the condition that City Council review and comment on the impact of the previous nonrecording issues. It was moved by Commissioner WESLEY and seconded by Commissioner WITT to recommend approval of an outline development plan for property zoned Planned Industrial Development located at 4951 Miller Street for the following reasons: 1. It will legitimize the existing uses on the property. 2. It will allow the opportunity for future redevelopment. 3. All requirements for an outline development plan have been met. With the following condition: 1. In light of the current code which requires a 30-day period for filing of mylars, City Council shall review and comment on the fIling inconsistencies as far as the impact they have, or will have, on Ordinance No. 1073. The motion passed 5-0 with Commissioners CHILVERS, McNAMEE and PLUMMER absent. It was moved by Commissioner WESLEY and seconded by Commissioner SCEZNEY to recommend approval of a final development plan for property zoned Planned Industrial Development located at 4951 Miller Street, for the following reasons: Planning Commission November 4, 2004 Page 3 1. It will legitimize the existing uses on the property. 2. The final development plan is consistent with the outline development plan. 3. All requirements for a final development plan have been met. With the following conditions: 1. On the fmal development plan document, label buildings A, Band C. 2. On the final development plan document, correct the case number reference in the case history box to WZ-04-08. 3. The applicant either be responsible for construction of public improvements utilizing the design already prepared by TST, Inc. of Denver or be required to coordinate with the contractor for the Arvada Ridge project for installation of the improvements. The motion passed 5-0 with Commissioners CHILVERS, McNAMEE and PLUMMER absent. 8. OLD BUSINESS o Commissioner McMILLIN asked for an update on the sign and lighting codes. Alan White stated that staff is ready for a study session on the sign code at a meeting in December. The last meeting of the lighting committee is scheduled for next Tuesday. 9. NEW BUSINESS o Commissioner McMILLIN asked what effect the recent sales tax increase would have on the Community Development Department. Alan White replied that it would probably be minimal. Already in the Department's budget is funding to hire a consultant to update the Comprehensive Plan. o In response to a question from Commissioner WESLEY regarding the possible construction of a Cabela's store in Wheat Ridge. Alan White stated that a pre-application meeting has been held with representatives of Cabela's and a tentative schedule has the Planning Commission hearing some time in March. 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 STEWART and seconded by Commissioner WESLEY to adj n the meetin a :05 p.m. The motion passed una . ously. Planning Commission November 4,2004 Page 4 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 4, 2004 Please sign this roster if you wish to speak on any subject not appearing on the agenda. (Public comment may be limited to three minutes) (Please print) Name Address /A zo