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HomeMy WebLinkAbout06/20/2002 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting June 20, 2002 ORIGINAL 2. ROLL CALL Commission Members Present: 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ at 7:00 p.m., June 20, 2002, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Jerry Collins Paulette Cooper John McMillin Marian McNamee Philip Plummer Nancy Snow Paula Weisz Kevin Witt Staff Members Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of June 20, 2002. A set of these 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 moved by Commissioner SNOW and seconded by Commissioner COOPER to approve the agenda as presented. The motion passed 8-0. 5. APPROVE MINUTES It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to approve the minutes of June 6, 2002 as presented. The motion passed 7-0 with Commissioner SNOW abstaining. 6. PUBLIC FORUM There was no one to appear before the Commission at this time. Planning Commission June 20, 2002 Page I 7. PUBLIC HEARING A. Case No. WZ-00-09: An application by John Elway AutoNation for approval of a preliminary and final development plan and [mal plat for property zoned Planned Commercial Development (PCD) and located at 3501 Wadsworth Boulevard for the purpose of operating an automotive dealership. Alan White requested continuance of this case to July 18, 2002. Review from CDOT has been received but they indicated they have no knowledge ofthe Wadsworth Corridor Plan. The applicant has agreed with staff that this case should be continued until CDOT completes a review ofthe Wadsworth Corridor Plan. Mr. White stated that notices were given to all affected parties that tonight's hearing was to be continued. Letters will be sent out again prior to the July 18th meeting. Bud Simon, DHM 1390 Lawrence, Denver Mr. Simon, representing John Elway AutoNation, was sworn in by Chair WEISZ. He stated that he concurred with staff recommendations to continue the case until July 18. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to continue Case WZ-00-09 to the next Planning Commission meeting on July 18,2002. The motion passed 8-0. B. Case No. WZ-02-06: An application by Balmar Management Group, LLC for approval of a rezoning from Residential-Three (R - 3) and Commercial-One (C-l) to a Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38th Avenue. This cased was presented by Meredith Reckert. She noted the following corrections to the staff report: (1) Page 7, second paragraph, second line: "sixteen" should be changed to "twenty". (2) Page 5, second from last paragraph, second line: "incompatible" should be changed to "compatible". (3) Page 10, condition no. 1 should be changed to "common detention and landscaping" included on the east side of Lot 7. She entered a letter of opposition received from Laurel Vance at 3708 Depew Street. Copies of this letter were also provided to members of the Commission. She also entered a memo from the city traffic engineer setting forth traffic counts on Depew Street taken over the past weekend. Copies of this memo were also provided to members of the Commission. Ms. Reckert reviewed the staff report and presented photographs and layouts ofthe subject property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. Commissioner McNAMEE asked if a time limit could be placed regarding the completion of the project. Alan White explained that, while there is a city requirement for a developer to start within a year of obtaining a permit, there is no time limit on when the project must be finished. Planning Commission June 20, 2002 Page 2 Commissioner COLLINS asked if there would be a problem with the line of sight coming out of the driveway onto 38th. Meredith Reckert replied that staff determined it would not be a problem. In reply to a question from Commissioner McMILLIN, Meredith Reckert stated that all drainage issues had been addressed to the city's satisfaction. Dave Galloway Galloway, Romero & Associates Mr. Galloway, representing Balmar Management Group, was sworn in by Chair WEISZ. He stated that the applicant would accept all conditions proposed by staff. He presented a brief history of proposed development activity on this site since 1998 which led to the present proposal before the Planning Commission. Following the neighborhood meeting where opposition to the project based on the amount of traffic was stated by neighbors, he ordered a report comparing trip generations under the present and proposed zoning and uses. This report was entered into the record and copies were provided for members of the Commission. He stated the results of the traffic survey indicated traffic would be less under the proposed zoning than it would be under present commercial zoning. He also stated that there is a historical curb cut on Depew which will be improved under the proposal. He further stated that all parking, landscaping, detention, traffic access and density requirements have been met. Commissioner SNOW stated for the record that she talked with an architect on this project when he called her office for information on accessibility requirements. When she realized the project was in Wheat Ridge she discontinued the conversation regarding anything but accessibility requirements. In response to a question from Chair WEISZ, Commissioner SNOW stated her discussion would not create any kind of conflict and would not influence her vote. Commissioner SNOW asked how the second floor of the proposed units would meet ADA standards if the units were changed to commercial. Mr. Galloway stated an elevator is planned for the second floor of the commercial/residential building. Commissioner SNOW asked if there is any lighting planned that would shine into adjacent residences. Mr. Galloway replied that the commercial buildings would have lighting that would be buffered by the proposed carport next to adjacent apartment buildings. In response to a question from Commissioner McMILLIN, Mr. Galloway stated that the residential units have single car garages. Commissioner McNAMEE asked about the phasing schedule for the project. She expressed concern about exterior construction going Qn over a period of several years. Mr. Galloway stated there are no current phasing plans. These will take place if and when the proposal is approved. Commissioner COLLINS asked where deliveries would take place for the commercial area. Mr. Galloway explained there are no loading docks and deliveries would take place in the parking lot. This is due to the fact that the proposed businesses will be small. Planning Commission June 20, 2002 Page 3 Commissioner SNOW expressed concern about businesses such as taverns, nightclubs or dry- cleaning below the residential units. Mr. Galloway stated that dry-cleaning business would consist only of pick-up and drop-off. Richard Oneslager Mr. Oneslager, owner of the property, was sworn in by Chair WEISZ. He stated that he would not be willing to give up any of the listed uses. Chair WEISZ asked if it would be possible to have one large storefront on the first level rather than two or three small storefronts. Mr. Galloway replied that this would certainly be possible. In response to another question from Chair WEISZ, he explained that the proposed parking lot grade would be approximately 6-7 feet lower than the sidewalk grade at the back of the existing apartment building. In response to a question from Commissioner SNOW, Mr. Galloway stated that the owner plans to retain ownership of the commercial units and the residential units would be sold to private ownership. Chair WEISZ asked to hear from those in the audience who wished to address this matter. Earl D.Quinnell, Jr. 3775 Depew, #10 Mr. Quinnell was sworn in by Chair WEISZ. He spoke in opposition to the proposal because of the increased traffic which would affect the many senior citizens who live in adjacent apartments. Duane Luebke 12163 W. 30th Place Mr. Luebke was sworn in by Chair WEISZ. Mr. Lubke owns the 45-unit apartment complex to the south and the 24-unit apartments across the street. These units were built in 1967 and 1972. He spoke in opposition to the application because of increased traffic the development would bring and the impact this would cause to senior citizens living in his apartments. He also expressed concern about ingress and egress into the development which would cause increased traffic on Depew. He submitted letters of opposition and a petition containing signatures of his tenants who were opposed to the development. The letters and petition were entered into the record. He expressed concern about the carport which would cause pollution from idling cars for the adjacent apartments. Commissioner COOPER mentioned that commercial zoning would most likely cause more traffic than the requested mixed use zoning. Commissioner PLUMMER commented that the proposed development would probably increase the value ofMr. Luebke's property. Victor Boog 143 Union Boulevard, #625, Lakewood Mr. Boog, attorney representing Mr. Luebke, was sworn in by Chair WEISZ. He expressed the Planning Commission June 20, 2002 Page 4 same concerns stated by Mr. Luebke. He further expressed concern that the freestanding row houses could be used for commercial in the future. He questioned the landscaping in that most of it is in the public right-of-way as part of the streetscaping process and includes non-living landscaping. He also questioned landscaping being placed in the detention area. Mr. Galloway returned to the podium. In regard to concerns about increased traffic on Depew, a left turn lane is planned for Depew. He also stated that Steve Nguyen, city traffic engineer, advised him that letters were sent to neighbors regarding a meeting to discuss traffic concerns. No one came to the meeting. All lighting will adhere to city standards. The sidewalk is counted as landscaping along Depew because it will be detached to match the streetscaping on 38th. All detention will take place in the parking lot and, therefore, will not be landscaped. In response to a question from Commissioner COOPER, Meredith Reckert stated that staff did receive the traffic study presented earlier in the meeting by Mr. Galloway. The traffic engineer reviewed the study and agreed with the numbers presented in the report. In response to a question from Commissioner McNAMEE, Meredith Reckert stated landscaping percentage did not include the streetscaping. Since the sidewalk will be built on the owner's property, it is a tradeoff. Commissioner SNOW asked if the residential units on Depew could be used as commercial in the future. Meredith Reckert explained that this could not happen without amending the preliminary development plan through a public hearing process. She further stated that a note would be placed on the plan to further clarify that these units could only be used for residential. Commissioner SNOW expressed concern about the effect of lighting on properties to the south and east. Mr. Galloway explained that any lights in the windows ofthe businesses would be shielded by a 6-7 foot overhang from the walkway for the second story units. The grade difference would also decrease effects of the lighting. Commissioner PLUMMER stated he would vote in favor of the application because it is compatible with the 38th Avenue streetscaping project and he did not believe the development would impact the adjacent properties nearly as much as a full commercial development. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-02-06, a request for approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 West 38th Avenue, for the following reasons: 1. All requirements for a Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streets cape and Architectural Design Manual. 3. The layout and design, while novel to the city, should be an improvement to the outdated designs of the neighboring high density apartment buildings. Planning Commission June 20, 2002 Page 5 4. This proposal will create less traffic impact than if the land were developed with the current C-l zoning. With the following conditions: 1. Under "Lot and Building Standards", building setbacks be modified to be ten feet from public streets. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first page, all buildings should be limited to 35 feet. Commissioner McMILLIN eXplained that, even though many neighbors expressed opposition to this project, he would vote in favor of the project because it is a main street type of development very suitable to this area. It would be unreasonable to deny an application because there are traffic problems in the area as long as the traffic would not be increased disproportionately. This proposal is very similar to developments existing elsewhere in the Denver metro area that seem to be working well. Commissioner McNAMEE requested a friendly amendment to request that a note be provided on the preliminary plan regarding the mixed use building to provide that, at the choice of the applicant, the entire building could be used as commercial. This would cause the language on the preliminary plan to match the final plan. The amendment was accepted by Commissioners SNOW and PLUMMER. The motion passed 8-0. It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to recommend approval of Case No. WZ-02-06, a request for approval of a Planned Mixed Use Development final development plan for property located at 5630 West 38th Avenue, for the following reason: 1. It is consistent with the proposed Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to recommend approval ofthe subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38th Avenue for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision regulations have been met. Page 6 Planning Commission June 20, 2002 With the following condition: 1. Language be added to the document regarding maintenance of the common detention and landscaping included on the east side of Lot 7. Commissioner SNOW requested an amendment to add a second condition which would require payment of $13,800 in lieu of park land dedication as recommended by the Parks and Recreation Commission. The amendment was agreeable to Commissioners COOPER and McNAMEE. The motion passed 8-0. (Chair WEISZ declared a recess at 9:25 p.m. The meeting was reconvened at 9:35 p.m.) C. Case No. WZc02-02: An application by Roger Loecher for approval of a rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of a preliminary development plan for property located at 3502 Wadsworth Boulevard. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and layouts of the property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. She entered a letter into the record from a property owner to the east. The property owner objected to alcohol sales, massage parlors, adult entertainment/products or a use which would increase traffic onto 35th A venue. She would prefer to see one family-friendly, low-traffic generating business--not two. She does not object to the luxury car rental business but does not want to see a speculative tenant go into the building. Commissioner COLLINS expressed concern that a storm drain doesn't exist at 34th Place. Alan White explained there are plans to place a storm drain on 35th Avenue this summer. It was clarified that the storm drain will be placed in 35th Avenue and run south to tie into the storm sewer in 34th Avenue. Commissioner COLLINS also requested that, like State Beauty Supply, no right turns be allowed onto 35th. He also expressed concern about impact to the neighbors from lighting. Meredith Reckert stated she would look into this concern. Commissioner COLLINS asked why there is no acceleration lane on Wadsworth in the plans. Alan White explained that traffic to be generated by this application is too minimal to justify an acceleration lane. Commissioner COLLINS asked how this application relates to the minimum separation between car lots. Alan White explained that the cars will be restricted to the inside of the building. The restrictions referred to by Commissioner COLLINS relate to outside lots. Commissioner McMILLIN inquired about setbacks and buffers. Meredith Reckert explained that the application is a planned development and, therefore, a five foot setback can be allowed. Staff has recommended the rear setback be increased with a six-foot high solid fence with upright landscaping be installed in this area. Planning Commission June 20, 2002 Page 7 Roger Loecher 5500 West 44th Avenue Mr. Loecher, the applicant, was sworn in by Chair WEISZ. He showed a drawing of the proposed building to the Commission. There will be ten-foot glass doors to bring the cars in and out of the building. The building will hold 15-16 cars. In front of the building there is a 20- foot dedication to the city, 15 feet of landscaping, 10- foot Xcel Energy easement, 18 feet for parking, 24 feet for fire department requirements, 5 feet of sidewalk and a l5-foot setback. The building can be no smaller than designed. Therefore, he has asked for a 5- foot setback on the rear property line. He disagreed that landscaping in the rear would make any difference since trees and shrubbery would be hidden by a fence. He offered to give some trees to the neighbor to plant in her yard in front of the fence. Commissioner SNOW asked how the list of uses was determined. Meredith Reckert replied that they started with C-l uses, eliminated some uses and then Mr. Loecher contacted neighbors to see what their preferences were. Chair WEISZ asked to hear from those in the audience who wished to address the matter. Linda Epperson 7520 West 35th Avenue Ms. Epperson was sworn in by Chair WEISZ. She expressed concern about the second type of business which could go in the building. She preferred a low-traffic business, such as a tax consulting business. She also expressed concern about noise from air conditioning units. She requested that businesses not be allowed to operate after 9:00 p.m. Jackie Ingenthrone 7575 W. 35th Avenue Ms. Ingenthrone was sworn in by Chair WEISZ. She was opposed to the proposed building being built so close to her house because it would block her light. She requested that only one business be allowed. In response to a question from Commissioner McMILLIN, Meredith Reckert stated that no studies have been done regarding the effect of light and air to Ms. Ingenthrone' s property as a result of the proposed building. In response to a question from Commissioner SNOW, Meredith Reckert stated that the proposed building would only cover 27% of the lot. The problem arises with the back of the building being so close to the property line. Commissioner McMILLIN asked what the setback for the proposed building would be from 35th Avenue. Meredith Reckert replied that it would be approximately 40 feet from 35th Avenue. John Beaver 7447 West 35th Avenue Mr. Beaver was sworn in by Chair WEISZ. He expressed concern that there are no sidewalks along Wadsworth and suggested that detached sidewalks be installed. Planning Commission June 20, 2002 Page 8 Anne Brinkman 7420 West 34th Avenue Ms. Brinkman was sworn in by Chair WEISZ. Construction has begun on the new drainage system and she expressed concern that this drainage system could draw water away from existing wells in the neighborhood. She also requested that a monument sign be required for the business and, further, that no outside intercom be allowed. Commissioner COLLINS asked if the city was installing the new drainage system in order for the applicant to develop his property. Alan White replied that the drainage system is being installed to take care of drainage problems in the area. Commissioner COOPER asked Mr. Loecher ifhe could live with a lO-foot setback in the rear of the property. Mr. Loecher replied that he could live with this if it is compensated for by removing 5 feet from the front requirements. Due to the lateness ofthe hour and the necessity to further discuss possible uses to be allowed for this site as well as to give stafftime to look into the front dedication, easement, etc. requirements, there was discussion about continuing the matter. Mr. Loecher indicated he would like to settle the uses at this time. He noted that the electricity that serves the property is single phase which would not accommodate large compressors, etc. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to reconsider the motion made at the last Planning Commission meeting to cancel the July 11 th meeting in order to continue this matter. The motion passed 8-0. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to continue the hearing on Case No. WZ-02-02 to July 11,2002. The motion passed 8-0. Commissioner WEISZ noted that she will not be able to attend the July 11 th meeting. Mr. Loecher requested guidelines from the Planning Commission regarding uses. Commissioner McMILLIN commented that one reason for continuing the hearing is that the Commission does not feel the standard commercial setback often feet should be reduced in this case. Commissioner SNOW stated that she would not vote to approve the application unless there is a 10-foot setback at the rear of the property. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS Commissioner McMILLIN reported that he met with a member of the Lakewood Planning Commission who indicated there are members of the Lakewood Planning Commission who Planning Commission June 20, 2002 Page 9 would like to meet with members of the Wheat Ridge Planning Commission to discuss matters of mutual concern. He asked Commission members to consider this idea. 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 PLUMMER and seconded by Commission COLLINS to Od~ tho m_g otJO'~ p.~ Th. motion ...~~~ ,~.: Ann Lazzeri, Recording Secretary Page 10 Planning Commission June 20, 2002