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HomeMy WebLinkAbout08/15/2002 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting ORIGINAL August 15, 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., August 15,2002, 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 Joho McMillin Marian McNamee Philip Plummer Nancy Snow Paula Weisz Kevin Witt Staff Members Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Mary Austin, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of August 15, 2002. A set of these minutes is retained both in the office ofthe City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA Commissioner SNOW requested an amendment to the agenda to include under Old Business a discussion of the Applewood Shopping Center and the "junk car" ordinance. It was moved by Commissioner COLLINS and seconded by Commissioner PLUMMER to approve the order of the agenda amended. The motion passed 8-0. 5. APPROVE MINUTES - August 1, 2002 Commissioner COOPER offered an amendment to the minutes on page 4, paragraph 6, line 2 to remove the word "not". It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW to approve the minutes of August 1, 2002 as amended. The motion passed 6-0 with Commissioners McNAMEE and WITT abstaining. Planning Commission August 15, 2002 Page I A. Case No. WZ-OI-02: An application filed by Lisa Aiello for approval of a rezoning from Agricultural-One (A-I) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at I 0590 West 44th Avenue. 6. PUBLIC FORUM There was no one to appear before the Commission at this time. 7. PUBLIC HEARING The case was presented by Mary Austin. She reviewed the staff report and presented photos and site layouts of the area. 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. Commissioner SNOW expressed concern about the metal wall proposed for the southern portion of the building as well as noise that could be generated by cooling fans. Lisa Aiello 6364 Newland, Arvada Ms. Aiello, the applicant, was sworn in by Chair WEISZ. She stated the permanent building would be used primarily for selling fresh produce. The building will have a cooler but there are no plans for noisy fans on the outside. She stated she has support of the neighborhood and customers. Her present operation is from May to October and she hopes to eventually operate a year-round business with a small convenience store. Commissioner McNAMEE asked if Ms. Aiello would be willing to accept a condition to the landscaping plan that would require planting of a drought tolerant grass. Ms. Aiello stated she would accept such a condition. Commissioner SNOW asked the applicant ifthere was a timetable for expansion of the building at which time the metal wall on the south would be replaced. She expressed concern about the visual impact of this wall on neighbors to the south. Ms. Aiello replied that expansion plans would depend on the growth of her business. She also pointed out that the structure to the south has no windows facing her business. In response to a question from Commissioner COOPER, the applicant stated she would be agreeable to a time limit for replacing the metal wall. Commissioner McMILLIN commented that a metal wall is in keeping with the rural feel of this area and cited an example of the Montessori school across the street. Commissioner COLLINS asked where fans for the refrigeration unit would be located. Ms. Aiello stated the fans would face a driveway and would not be near balconies of the adjacent apartment building. Page 2 Planning Commission August 15,2002 Joseph Bailey 12655 West 31't Avenue Mr. Bailey was sworn in by Chair WEISZ. He spoke in favor of the application. He commented that Ms. Aiello has proven herself as a successful local entrepreneur. He expressed concern that the property would revert to an unsightly vacant lot if the application were not approved. Robert Frankel 4352 Moore Street Mr. Frankel was sworn in by Chair WEISZ. He spoke in opposition to the application. He expressed concern that the business would cause a further increase in traffic on Moore Street. In response to a question from Commissioner COOPER, Mr. Frankel stated that he has been a tenant at the above address for nine years. Susan Murphy 4352 Moore Street Ms. Murphy was sworn in by Chair WEISZ. She stated she manages the apartment complex two doors south of the applicant's property. She expressed concern about increased traffic and parking which would cause problems for her tenants. She also stated she was taking notes of the meeting for Lee Simmons who is the owner of her apartment complex. Mr. Simmons resides in Lincoln, Nebraska. She stated that Mr. Simmons had expressed interest in the applicant's property five years ago and "the City of Wheat Ridge declined." Larry Olson 11156 West Kentucky Drive Mr. Olson was sworn in by Chair WEISZ. He stated he sold the property to Ms. Aiello and he also owns the property to the west. He stated that Mr. Simmons approached him several years ago about purchasing the subject property. Mr. Olson chose not to sell the property to Mr. Simmons and indicated that the City was not involved in any way. In response to a question from Commissioner McMILLIN, Mr. Olson stated that he would allow the applicant to utilize his vacant property to the west for overflow parking. Sharon Olson 11156 West Kentucky Drive Ms. Olson was sworn in by Chair WEISZ. She disagreed that there is a traffic or parking problem resulting from the applicant's business. Commissioner SNOW asked if there were plans for additional parking if the building expansion takes place. Mary Austin stated that the applicant is presently providing fourteen parking spaces while city regulations require ten parking spaces. She also stated that there would be room for additional parking spaces if the expansion takes place. Ms. Aiello stated that the expansion would only be to provide storage for additional plants. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. WZ-OI-02, a request for approval of a zone change from Agricultural-One (A-I) Planning Commission August 15,2002 Page 3 to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue be approved for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation of planned residential development, this use is compatible with the variety of adjacent and nearby uses. Further, it continues the farmers market and agricnltural heritage of the city and the Fruitdale area. 2. The rezoning will not adversely impact the traffic congestion or the amount of light and air to adjacent properties. 3. Many changes in the character of the neighborhood and the small size of the parcel make it unlikely that it would be easily or profitably maintained as an agricultural use. 4. The requirements of the City's Planned Development regnlations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. Commissioner McNAMEE offered a friendly amendment to provide a condition to change the landscaping plan to require planting of a drought tolerant type of grass such as fescue in place of Kentucky bluegrass. This condition was accepted by Commissioners SNOW and PLUMMER. In response to a question from Commissioner COLLINS, Mary Austin explained that, due to present drought conditions, the city has instituted a policy to allow a delay in alllandscaping until fall. However, with the worsening conditions, further extension may be necessary. The motion passed 8-0. (Chair WEISZ declared a brief recess at 9:10 p.m. The meeting was reconvened at 9:15 p.m.) B. Case No. SUP-02-01: An application filed by Galloway, Romero & Associates for King Soopers for approval of a Special Use Permit for properties zoned Commercial- One (C-l) and located at 3817 Sheridan Boulevard, 5301 West 38th Avenue, and 5201 West 38th Avenue. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and a site plan of the subject property. She entered all pertinent documents into the record, stated that all publication and posting requirements had been met and advised the Commission there was jurisdiction to hear the case. She noted a change to the fourth recommended condition concerning fuel deliveries. The fire department is requiring that all fuel deliveries be limited to hours during which the kiosk is manned. Page 4 Planning Commission August 15, 2002 David Moore Galloway, Romero & Associates 5350 Denver Tech Center Parkway, Greenwood Village Mr. Moore was sworn by Chair WEISZ. He reviewed the applicant's landscape plan and the traffic pattern for fuel tankers. He stated that traffic impact from the tankers would be minimal since a fuel drop takes about fifteen minutes. He stated that surveys indicate 36% of customers using fuel facilities also shop at the grocery stores. Another study indicated that 80% of grocery shoppers would like to have a fuel facility at the same location as their grocery store. Fueling facilities are a current trend and generally increase sales in a grocery store by ten to thirty percent. He invited questions from the Commission. Commissioner McMILLIN questioned the use of blue neon on the proposed canopy sign. Mr. Moore explained that the blue neon was requested by the city so that it would match the blue neon on the city's monument sign. Commissioner McMILLIN expressed concern that the proposed canopy sign would conflict with the city's monument sign. He believed the city's entry sign should stand apart from the King Soopers sign. He suggested that Mr. Moore provide photo simulations of the sign in relation to the city's sign when he makes his presentation to City Council. Commissioner SNOW expressed concern about fuel deliveries occurring during the day. Mr. Moore stated that the fire department has required fuel deliveries during hours that the kiosk is manned in case of a fuel spill or other accident. He requested that the condition relating to hours of operation be changed to say that deliveries would be limited to the time the kiosk is manned rather than having set hours. Alan White commented that part of staff's concern with the kiosk being open twenty-four hours related to lighting and the impact to 38th Avenue and surrounding residences. Commissioner SNOW asked if King Soopers could require their employees to park in the rear lot in order to provide more parking in front of the store. Mr. Moore explained that King Soopers could make this requirement, but they have security concerns about employees parking in the rear lot at night. Mr. Moore addressed the issue of lights under the canopy. Recessed lights with flat lenses are used to eliminate the side cast light. He did not feel comfortable with a requirement to turn all the lights off at night and would like to have some lights on at night for security reasons. Commissioner McMILLIN suggested using a different color than white for the pillars to reduce light impact at night. Chair WEISZ asked ifthere was any documentation from King Soopers regarding estimated increase in revenues if a fueling facility is added. Mr. Moore replied that this information was requested from King Soopers but there has been no response to date. Commissioner COLLINS inquired about the location ofthe dumpster. Mr. Moore explained that the dumpster is designed for the public's use for recycling. One option would be to move it to the rear of the store. Commissioner SNOW expressed concern about the effect on adjacent residences if the dumpster is placed at the rear ofthe store. Page 5 Planning Commission August 15, 2002 Kathleen Krager 899 Logan Street, Denver Ms. Krager, traffic engineer for the site, was sworn in by Chair WEISZ. In response to a question from Commissioner COLLINS regarding the possibility of a future fueling station at the Safeway site at 38th and Wadsworth, Ms. Krager stated this would probably not happen because there is an existing gas station adjacent to the site. Commissioner McNAMEE commented that she frequently shops at the subject King Soopers and has never encountered a lack of parking. Jeff Bailey Mr. Bailey, one of the general partners for the shopping center, was sworn in by Chair WEISZ. He stated that King Soopers has agreed to renew their lease for another twenty years if the fueling facility is approved. The present lease will expire in twelve years. He also requested a condition that would allow the special use designation to be assigned in the event King Soopers would ever sublease the store. Alan White stated that it was staffs opinion that such an assignment should only be allowed if the building was sublet to another grocery store. Mike Shunk 65 Tejon Street, Denver Mr. Shunk, representing King Sooper's real estate department, was sworn in by Chair WEISZ. He stated that King Soopers is happy to be a part ofthe Wheat Ridge community and wants to make this $500,000 investment in this location. He reiterated that King Soopers will sign a twenty-year lease if the fueling facility is approved. He stated that he didn't see a downside to allowing the fueling facility to be assigned in the event of a sublease by King Soopers. Commissioner SNOW stated that it was her understanding that the city would like to retain the right to hold another public hearing regarding the fueling facility in case the lease is ever assigned. In response to a question from Commissioner McMILLIN, Alan White stated that other special uses exist in the city that are under the old code which allows the special use to run with the land. Francisco Guerra 3831 Sheridan Boulevard Mr. Guerra was sworn in by Chair WEISZ. His house is located adjacent to the northern entrance/exit ofthe King Soopers center. He expressed concern that increased traffic from the fueling facility would wind through the parking lot to the northern exit in order to make left turns onto Sheridan. He stated that he keeps all his window shades down on the south side of his house because of the parking lot traffic. Commissioner McMILLIN suggested that more landscaping on the northeast corner of the lot would eliminate headlights shining in Mr. Guerra's windows. Page 6 Planning Commission August 15, 2002 Kathleen Kruger returned to the podium. She pointed out that the applicant plans to install an island at the other Sheridan entrance which should prevent traffic from winding through to make a left turn at the northern entrance. Staff has recommended that the island be extended even further. She commented that the best traffic pattern is for customers to exit onto 38th Avenue to make a left hand turn onto Sheridan. She also noted that the northern entrance is controlled by CDOT. Chair WEISZ asked if there were others present who wished to address the application. Hearing no response, she closed the public hearing. It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to recommend approval of Case No. SUP-02-01, a request for approval of a Special Use Permit to allow gasoline sales on property located at 5201 West 38th Avenue, 5301 West 38th Avenue, and 3817 Sheridan Boulevard, for the following reasons: 1. The criteria used to evaluate a special use permit supports the application. 2. Installation of a gas fueling facility would be consistent with the Village Center designation on the Comprehensive Plan. 3. It will allow King Soopers to remain competitive in the marketplace. 4. Revenues to the city may increase. With the following conditions: 1. The special use permit shall be a personal grant of use issued to King Soopers. 2. The special use remain in effect until such time as the lease with the city for the property at 5201 West 38th Avenue is terminated. At that time all improvements related to the fueling station shall be removed by the applicant, including the underground tanks. 3. The fueling facility be open as long as it is manned and as directed by the Fire Department. 4. Fuel deliveries shall occur during employee hours. 5. Lights under the canopy, including luminaries, be recessed and fully shielded. Canopy lights shall be turned off at 10:00 p.m. 6. No other advertising be allowed on the pumps. 7. Employees be required to park in the rear parking area during daylight hours. 8. Streets cape improvements be continued along the Sheridan frontage to match existing work being done on 38th Avenue. The brick being used shall match the existing 38th Avenue streetscape improvements. 9. Sheet two of the plan set be revised to show the island extension prior to City Council review. 10. Survey comments be addressed prior to City Council review. 11. Inconsistencies between the narrative and the plan set be corrected prior to City Council review. It was moved by Commissioner SNOW and seconded by Commissioner McMILLIN to amend condition no. 3 to require that the fueling facility be open from 6:00 a.m. to 10:00 p.m. with the requirement that the kiosk be manned during these hours. Page 7 Planning Commission August 15, 2002 The motion for the amendment passed 7-1 with Commissioner WITT voting no. Commissioner COOPER offered a friendly amendment that canopy lights be turned off at 10:00 p.m., except for security lights, and that condition no. 8 include a requirement for matching brick in the freestanding sign. This was acceptable to Commissioners PLUMMER and COLLINS. Commissioner SNOW offered a friendly amendment to add the following words to the first condition: "and may not be inherited." This was acceptable to Commissioners PLUMMER and COLLINS. Commissioner COLLINS offered a friendly amendment that the following words be added to the second condition: After the word "terminated", add the following words: "unless the property is purchased pursuant to Section 18 of the April 25, 1995 development agreement as amended on July 22, 2002. This was acceptable to Commissioner PLUMMER. It was moved by Commissioner McMILLIN and seconded by Commissioner SNOW to amend the motion to provide that the yellow and blue neon colors used in the Wheat Ridge streetscape sign shall not be used in any kind of trim or advertising for the fueling facility. The motion passed 5-3 with Commissioners WEISZ, McNAMEE and PLUMMER voting no. Chair WEISZ stated that she would vote against approval of the application because she believes the property is too small for this type of facility and it will detract from the streetscape improvements as well as the gateway to the city. Further, no information has been provided to the city regarding projected increases in sales tax revenues. Commissioner SNOW stated that she would vote against the application because it is not an appropriate location for a fueling facility; it will cause severe traffic jams at the already crowded corner of 38th and Sheridan. She also stated her concern that King Soopers, in effect, has held the city hostage in requiring approval ofthe fueling facility in order to extend their lease rather than allowing the city to evaluate the application on a purely businesslike basis and what value it may add to the city. A vote was taken on the original motion as amended. The motion failed by a vote of 4-4 with Commissioners WITT, SNOW, WEISZ, and McMILLIN voting no. Alan White commented that the Planning Commission bylaws state that a tie vote is a recommendation for denial. Page 8 Planning Commission August 15, 2002 C. Case No. ZOA-02-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. Alan White presented a condensed overview ofthe Wadsworth Boulevard Corridor Plan. He explained that adoption of the Plan as legislation would mean that any development along Wadsworth would be subject to the requirements of the Plan for public improvements or right- of-way dedication regardless of impacts associated with the development. The requirements can be imposed at zoning, subdivision, or building permit stages of development. Commissioner McMILLIN asked if the TCBY property is included in this plan. Alan White replied that relocation of the traffic signal to 41 st Avenue would require acquisition of a portion of the TCBY property. The remainder of the TCBY property would then be utilized as an expansion of the Town Center Park. In response to a question from Chair WEISZ, Alan White stated that CDOT has approved the plan. However, there has been a change in personnel at CDOT and staff is working to reaffirm this approval. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to recommend approval of Case No. ZOA-02-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. The motion passed 8-0. 8. OLD BUSINESS A. Case ZOA 02-04 - Commissioner SNOW asked if the ordinance regarding parking in residential areas had indeed gone to City Council on first reading. Alan White stated that first reading had taken place on August 12 and that Planning Commission would see the ordinance again on September 5. B. Annlewood Shonninl!: Center - Commissioner SNOW asked if city staff has contacted the owner ofthe Applewood Shopping center regarding signage and other matters discussed during the August 1 hearing. Alan White stated that Meredith Reckert met with Old Chicago representatives after the hearing to discuss noise, lights, and excess signage. Old Chicago may modify their request before the city council hearing. Alan White and Marilynn Force (City's Economic Development Director) will also arrange a meeting with owners of the center. 9. NEW BUSINESS There was no new 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. Planning Commission August 15, 2002 Page 9 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. Pa '<. L~~ Ann Lazzeri, Recording ~y Page 10 Planning Commission August 15, 2002