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CITY OF WHEAT RIDGE PLANNING COMMISSION 0 R JG 1 N A L
Minutes of Meeting
July 18, 2002
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., July 18,2002, in the City Council Chambers of the Municipal Building,
7500 West 29th Avenue, Wheat Ridge, Colorado.
2.
ROLL CALL
Commission Members Present:
Jerry Collins
Paulette Cooper
John McMillin
Marian McNamee
Philip Plummer
Nancy Snow
Paula Weisz
Kevin Witt
Staff Members Present:
Alan White, Planning Director
Mary Austin. Planner
Travis Crane, Planner
Greg Knudson, Interim Public Works Director
Jerry Dahl, City Attorney
Ann Lazzeri, Secretary
3. PLEDGE OF ALLEGIANCE
Following is the official set of Planning Commission minutes for the public hearing of July 18, 2002.
A set ofthese 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 McNAMEE to
approve the agenda as presented. The motion passed 8-0.
5. APPROVE MINUTES - None
6. PUBLIC FORUM
There was no one to appear before the Commission at this time.
7. PUBLIC HEARING
A. Case No. WZ-00-09 (continued from June 20, 2002): An application submitted by
John Elway Autonation for approval of a preliminary and final development plan and
final plat for property zoned Planned Commercial Development (PCD) and located at
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July 18, 2002
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3501 Wadsworth Boulevard for the purpose of operating an automotive dealership.
The case was presented by Mary Austin. She reviewed the staff report and presented a digital
presentation. She entered all pertinent documents into the record, stated that all proper
publication and noticing requirements had been met and advised the Commission they had
jurisdiction to hear the case.
In response to a question from Commissioner COLLINS, Ms. Austin explained that landscaped
islands would not be constructed until some time in the future when the Wadsworth Corridor
Plan is adopted. The turn lanes on Wadsworth would remain as they are now.
Commissioner SNOW requested that the Comprehensive Plan be made a part ofthe record for
this case. She asked ifthe Comprehensive Plan had been updated since the settlement of the
lawsuit for the previous outline plan. Alan White replied that the Comp Plan had been updated.
Commissioner SNOW asked if the subject application was a part of the urban renewal area.
Mary Austin explained that this application was submitted before the urban renewal plan was
adopted and prior to the code amendment requiring review by the Urban Renewal Authority.
Commissioner SNOW asked staff for comparisons of projected sales revenues for this
application versus retail use.
Commissioner SNOW asked if the present dealership location would cease to operate if the
requested development is approved. Mary Austin explained that there is a stipulation that the
present business must cease within two months after a certificate of occupancy is issued for the
new business.
Commissioner SNOW asked if customers would he able to enter the dealership from 35th
A venue. Mary AUstin replied that there would be an ability to gate that entrance. When the
gates are open, anyone would be able to enter. However they would not be able to access the
customer parking area from that entrance.
Commissioner SNOW asked why CDOT had a problem with the Wadsworth Corridor Plan.
Mary Austin stated that her understanding was that there has been a change in personnel at
CDOT and new personnel were not aware of the Wadsworth Corridor Plan. CDOT is
questioning the location of36th Avenue and whether or not the access should be pushed further
to the south and closer to 35th. She commented that staffhas met with CDOT and is confident
once CDOT has the correct information and staff is able to meet with CDOT again that they
will be able to agree on the validity of the Wadsworth plan.
Commissioner COOPER questioned the building's compliance with the city's architectural
standards. Mary Austin replied that with recent submittals the applicant has added more brick
to the building; however, the roofline has not changed and is not in complete conformance with
the city's architectural guidelines. She pointed out that these are only guidelines and not
adopted regulations.
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July 18,2002
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Commissioner COOPER asked why 36th A venue needs to be a city street rather than a
driveway into the business. Alan White explained that the Wadsworth Corridor Plan calls for
development ofthe parallel connector road on both sides of Wadsworth and Yukon turning into
36th would be a segment ofthat parallel road.
Commissioner McNAMEE asked if the applicant was pumping water from the site. Greg
Knudson replied that they are not pumping now and have not been pumping for two or three
weeks.
Commissioner McNAMEE asked if the city arborist had approved cottonwood trees for the
site. Mary Austin replied that the arborist was comfortable with the type of cottonwood trees
planned for the area because they are compatible with wetland areas and are to be planted only
in that area.
Commissioner McNAMEE expressed concern about the possibility of employees parking along
35th which would prevent use by local residents.
In response to a question from Commissioner COLLINS, Mary Austin stated that the proposed
2 foot high steel fence to aid in preventing theft meets city standards.
Dick Scheurer
143 Union Boulevard, #625, Lakewood, CO
Mr. Scheurer, attorney for the applicant was sworn in by Chair WEISZ. He introduced other
individuals who would be representing the applicant.
Bud Simon
1390 Lawrence, Denver, CO
Mr. Simon was sworn in by Chair WEISZ. He stated they are planning a 60,000 square foot
structure in the center of the site. With land dedications and wetlands area the actual site
acreage will be about nine acres which is approximately double the size of the current location.
Primary customer and service access will be from Wadsworth and the new 36th Avenue. In
regard to secondary access from 35th A venue, it is planned to minimize traffic from the
residential area to the west. It would be an employee access and there will be an employee
parking lot on premises. He stated that the applicant worked with city staff to arrive at the
proposed architecture which is identical to that shown in the Wadsworth Corridor Plan. The
roofline is articulated to give some diversity to the structure. It is planned to park cars on the
roof with a parapet wall, but the cars will not be in excess of the 35-foot height restriction.
While roof parking is more expensive, it does allow for more landscaping on the site. Thirty-
seven percent of the site will be landscaped with three times the amount of plantings as
required to provide ample buffering from Wadsworth and adjacent residences. Dark brick was
used to match the residential area. He referenced a letter dated June 29, 2001, in which CDOT
stated the plan appeared consistent with the Wadsworth Corridor Study. An interim plan has
also been submitted to CDOT for review. Lighting will be contained on the site in order to
prevent light pollution for the neighborhood.
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Planning Commission
July 18, 2002
Kathleen Krager
899 Logan, Denver, CO
Ms. Krager, transportation engineer for the applicant, was sworn in by Chair WEISZ. She
conducted the traffic impact study which has been reviewed and approved by city staff. She
stated that a retail site would generate approximately three times the amount an auto dealership
would. The study showed there would be no substantial impact to 38th and Wadsworth. There
would be minimal impact to the neighborhood to the west. She stated she had a conversation
with a representative of CDOT who assured her that it is CDOT's intention to honor all
previously approved corridor plans, including Wheat Ridge. There is also adequate employee
parking on-site. She suggested time-restricted parking on the north side of 35th if there is still
concern about parking on 35th
John McLain
11445 West 1-70 Frontage Road, Wheat Ridge, CO
Mr. McLaine was sworn in by Chair WEISZ. He entered into the record the latest Phase I plan
submitted to CDOT.
Phillipe Martin
602 Park Pointe Drive, #275, Golden, CO
Mr. Martin, was sworn in by Chair WEISZ. He addressed water issues. He acknowledged that
something has been going on with wells in the area, but data resulting from his studies indicate
that the sump on the subject property is not in the same aquifer as the wells in the area and
therefore has no impact on the wells. He testified that the pump was turned offfrom July 12,
until mid-September last year. There was an expected water rise in the trenches on the property
but water never overflowed the trenches. Data collected during this time did not show a
correlation between what was happening on the site and what was happening in the wells. He
believed that reduced flow in the Rocky Mountain Ditch has affected wells in the area. Plans
call for a mounding of fill to raise the site for drainage purposes and the sump will disappear.
A wetlands will be created on the west side to act as detention for historic runoff.
In response to a question from Commissioner COLLINS, Mr. Simon stated the height of the
parking deck would be in the range of 18-20 feet and it would be possible to raise the parapet
wall to obstruct the view of the cars. In response to concerns about inventory storage on the
lot, Mr. Simon stated that plans call for inventory to be stored at a site on Ward Road. The
exception would be that roof-top parking is planned to accommodate inventory of high end
automobiles for security reasons and would not generally be accessible to the public.
Commissioner COLLINS asked if there were plans for a public address system. Mr. Simon
stated the applicant would agree to eliminate a P A system. Employees would use pagers
instead.
In response to a question from Commissioner SNOW regarding water flow, Mr. Martin stated
his opinion that the construction of Wadsworth hindered underground water flow.
Commissioner COLLINS asked Mr. Martin why the applicant had been pumping water. Mr.
Martin replied that he had no idea why this was done.
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July 18, 2002
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Commissioner SNOW commented that even if higher parapet walls were installed on the
rooftop, cars would still be visible from the 3-story apartment buildings.
In response to a question from Commissioner McNAMEE, Mr. Simon stated that the 35th
access will be gated.
(Chair WEISZ declared a recess at 8:55 p.m. The meeting was reconvened at 9:05 p.m.)
Deanna Leino
3712 Allison Street
Ms. Leino was sworn in by Chair WEISZ. She expressed concern about the mosquito problem
caused by the wetlands area and asked the city to address this issue. She also expressed
concern about cars exiting south onto Wadsworth who will probably use 35th Avenue to turn
around to go north on Wadsworth. She was concerned about the safety of children in the area
ifthe traffic light on Allison is moved.
Estel Fuller
7325 West 34th Avenue
Mr. Fuller was sworn in by Chair WEISZ. He expressed concern about lighting, noise levels,
and reduction in water to wells in the area. He stated that the dealership has pumped water
without a permit and he believes this affected water levels in the area. He referred to a 1998
study by Clear Creek Consulting which stated well problems were a result of the new storm
drainage system, the Rocky Mountain Ditch and the pumping of spring water from the
dealership property. He suggested performing an environmental assessment for the area. He
further suggested changing the detention area to a retention area on the southeast corner and
limit pumping from the site. He believed there is a correlation between pumping on the
dealership property and the level of his well.
Peter Groth
7485 West 34th Avenue
Mr. Groth was sworn in by Chair WEISZ. He stated he is a geologist and has been collecting
water level data for many years on his property. The installation of coffer dams has helped the
wells; however, he is still concerned about the well water situation. He expressed concern that
the applicant will continue pumping water which will damage the aquifer. He asked if there
would be a paint and body shop and asked that the cottonwoods be replaced with fruit trees.
In response to a question from Commissioner McMILLIN, Mr. Groth stated that he was unable
to determine whether rain water discharge is coming from the Elway property or from lawns of
surrounding neighbors.
Linda Epperson
7520 West 35th Avenue
Ms. Epperson was sworn in by Chair WEISZ. She expressed concern about a single exit to the
south onto Wadsworth which will cause many drivers to make u-turns on 35th Avenue to head
north on Wadsworth. This would present safety issues. She asked that there be no spotlights
allowed on the property. She also asked that the trash problem be addressed. Balloons and
flyers blow into her yard from the present dealership.
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July 18, 2002
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Richard Byrne
3705 Yukon Court
Mr. Byrne was sworn in by Chair WEISZ. He expressed concern about possible flooding from
the retention pond. Mr. Knudson explain that the pond has been designed for a 200-year
capacity rather than the IOO-year requirement. Also, overflow would not flow down Yukon
Court but would be directed onto 36th and down to Wadsworth.
Anne Brinkman
7420 West 34th Avenue
Ms. Brinkman was sworn in by Chair WEISZ. She asked the Commission to consider
mitigating the parking spaces which are over what the plan allows. She expressed concern that
the applicant brought this case forward without complete information and asked the
Commission to consider continuance of the case until all three requirements set forth by the
Commission at the last hearing have been met.
Ralph Hanna
7801 West 35th
Mr. Hanna was sworn in by Chair WEISZ. He asked what would happen to the private road
which is full of weeds. Mary Austin stated that this road is an emergency access lane for the
Wheat Ridge Plaza Condominiums. Alan White informed Mr. Hanna that since this road is not
part ofthe subject application, he should contact the Wheat Ridge Fire District to discuss
maintenance issues. Mr. Simon also stated that the subject roadway is legally listed under
Wheat.Ridge Plaza ownership.
John Beaver
7447 West 35th
Mr. Beaver was sworn in by Chair WEISZ. He suggested moving the wetlands area to the
Wadsworth frontage. He expressed concern about well water levels in the area.
In response to an earlier question raised by Commissioner SNOW concerning sales tax
revenues, Alan White estimated that sales tax for the proposed application would probably be
20-25% of that which would be provided by a major retail use. It would probably be 30-40%
for a less than major retail use.
Mr. Scheurer returned to the podium. In response to a question from Commissioner COLLINS,
he stated that it was his understanding that the purpose for pumping was for mosquito control
and that the pumping was done without permit. He also stated that there would not be a paint
and body shop on the premises.
Commissioner COOPER asked ifthe applicant had considered moving the wetlands area next
to Wadsworth. Mr. Simon stated that it had been discussed, but the wetlands are to be used as a
buffer to the residential neighborhood. Further, CDOT does not want water draining down
Wadsworth.
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Planning Commission
July 18, 2002
Commissioner McMILLIN asked how the applicant plans to control mosquitoes. Mr. Simon
stated an aerator will be placed in the pond to prevent stagnant water. Another solution is to
place fish in the water.
Commissioner SNOW asked if previous license agreements were being met by this proposed
plan. Jerry Dahl stated that, according to his recollection, they are not relevant to this
application. He will research this prior to the application going to City Council.
It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that
Case No. WZ-00-09, a request for approval of a Plauned Commercial Development
preliminary and final development plan and final plat for property located at 3501
Wadsworth Boulevard be denied for the following reasons:
1. Final approval has not been received from CDOT for the Wadsworth Boulevard
access location and street design.
2. The parapet wall will not cover automobiles at a 42-inch height and will need to be
a minimum of 72 inches high for protection of the rooftop vehicles.
Commissioner SNOW requested addition of the following reasons:
3. A car lot and rooftop parking, and especially lights that accompany a car lot,
create visual blight and are not compatible with residential developments to the
west, northwest and south.
4. It is not in keeping with one of the essential desired attributes of the community-
commercial center in the Comprehensive Plan which is "uses that generate sales
tax revenues and support of public services aud facilities." A car lot provides far
less sales tax than almost any other retail use.
5. This property is now iu the urban renewal area and one of the purposes of
delineating urban renewal areas is also so the city can increase sales tax revenues.
Commissioner COLLI NS agreed to the additional reasons.
The motion passed 6-2 with Commissioners McNAMEE and PLUMMER voting no.
B. Case No. WS-OI-0l: An application submitted by Stephen Konsella for approval of an
8-lot major subdivision plat for property zoned Residential-One C (R-I C) and located at
3701 Depew.
The case was presented by Travis Crane. He reviewed the staff report and gave a digital
presentation of the subject property. All pertinent documents were entered into the record. He
stated that publication and notice requirements had been met and the Commission had
jurisdiction to hear the case. He clarified that staff suggested a condition of approval that the
shared driveway should be labeled as Tract B on the final plat and not as an easement as
presently shown.
Following questions of clarification, the applicant appeared before the Commission.
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Planning Commission
July 18, 2002
Steve Konsella
710 Kipling, Lakewood, CO
Mr. Konsella was sworn in by Chair WEISZ. He stated that the introduction of single-family
homes into this area would be helpful in rejuvenating the 3 8th Avenue corridor. The plan has
been developed to retain as many ofthe mature trees on the property as possible. He explained
that he wanted to retain the 1910 farmhouse on the property rather than scraping it in order to
retain a bit of Wheat Ridge history.
Cheryl Brungardt
5621 West 36th Place
Ms. Brungardt was sworn in by Chair WEISZ. She expressed concern about the impact of
increased traffic in the area as well as the density of the proposal. She did not think the
development would contribute to affordable housing in Wheat Ridge.
James Meeker
3690 Eaton
Mr. Meeker was sworn in by Chair WEISZ. He expressed concern about drainage and fire
access. He felt water in the detention area could breed mosquitoes. He was especially
concerned about a large cottonwood tree on the property that could cause possible damage to
his house.
Duane Luebke
12163 West 30th Place
Mr. Luebke was sworn in by Chair WEISZ. He asked if drainage going under the wall had
been addressed. Alan White stated that all existing flows were taken into account when the city
approved the drainage plan.
Chair WEISZ asked if there were others present who wished to address the matter. Hearing no
response, the public hearing was closed.
It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that
Case No. WS-OI-0l, a request for an eight-lot preliminary subdivision plan for property
located at 3701 Depew Street be approved for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots all meet the minimum lot area and lot width requirements of the
subdivision regulations.
3. The introduction of single-family homes in this neighborhood should be of value to
the neighborhood.
Commissioner McMillin commended Mr. Konsella for choosing to save the farm house.
The motion passed 8-0.
It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that
Case No. WS-OI-0l, a request for an eight-lot fmal subdivision plat for property located
at 3701 Depew Street, be approved for the following reasons:
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July 18, 2002
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1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots meet the minimum lot area and lot width requirements of the
subdivision regulations.
3. It's in keeping with the preliminary subdivision plat.
With the following conditions:
1. That the minor plat correction concerning plat note #13 be made prior to review
by City Council.
2. That note #5 on the subdivision be changed to read that the homeowners
association shall be responsible for maintenance of the private drive shown herein
as Tract B and the storm water detention area herein shown as Tract A and will
not be maintained by the City of Wheat Ridge.
3. The developer contribute $8,175.36 for park dedication as recommended by the
Parks Commission.
4. No building, fence or structure will be constructed in the detention area.
Commissioner SNOW asked the city to look into the cottonwood tree problem mentioned by
Mr. Meeker. Mr. Konsella stated that he has definite plans to remove the tree.
The motion passed 8-0.
8. OLD BUSINESS
There was no old business to come before the Commission.
9. NEW BUSINESS
There was no old business to come before the Commission.
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 Commissioner COLLINS
to adjourn the meeting at 10:35 p.m. The motion passed 8-0.
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July 18,2002
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