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HomeMy WebLinkAbout02/15/1996 MINIITES OF MEETING February 15, 1996 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson LANGDON at 7:32 p.m., on February 15, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt - Excused Absence Harry Williams James Owens - Excused Absence Jay Rasplicka Carl A. Cerveny George Langdon Wallace Crompton - Excused Absence Warren Johnson • STAFF PRESENT: -Glen Gidley, Director of Planning & Development Meredith Reckert, Planner Sandra Wiggins, Secretary PIIBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of February 15, 1996. A copy 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. Planning Commission Minutes Page 2 February 15, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner CERVENY requested the addition of an item under Old Business, reconsideration of the Overlay Zone amendment; and under 10. New Business, review of proposed mass rezoning in District I. With those changes, Commissioner JOHNSON moved to approve the order of the agenda for the meeting of February 15, 1996 as amended. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINUTES Commissioner WILLIAMS moved to approve the minutes for the meeting of February 1, 1996 as printed. Commissioner RASPLICKA seconded the motion. Motion carried 4-0, with Commissioner JOHNSON abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any • subject not appearing under Item 7 of the Public Hearing section of the agenda.) No one had signed the roster nor came forward to speak at that time. 7. PUBLIC HEARING 1. Case No_ MS-96-3: An application by Darrel L. Norgren for approval of a two-lot minor subdivision for property located at 5500 West 38th Avenue. Ms. Reckert presented the staff report. Entered into the record and accepted by the Chairperson were the Subdivision Regulations, case file, packet materials and exhibits. There were no questions at that time. patric:k Ouinnv. Tech Group, 9605 West 49th Avenue, was sworn in. Mr. Quinny stated that the request for subdivision was to separate the animal clinic on the north end from the residence on the south of the property. He added that property line had been placed to avoid setback violations. He offered to answer questions. There were no questions at that time. Planning Commission Minutes Page 3 • February 15, 1996 Commissioner WILLIAMS moved that Case No. MS-96-3, a request for approval of a two-lot minor subdivision for property located at 5500 West 38th Avenue, be approved for the following reasons: 1. A subdivision is required so sale o£ the commercial building can occur. 2. All requirements of the Subdivision Regulations have been met. Commissioner CERVENY seconded the motion. Motion carried 5-0. 2. Case No. ws-96-1. An application by Stephen Elken for Applewood Reserve Venture for approval of a resubdivision of property known as Distinctive Addresses at Applewood Subdivision located at 10701 West 32nd Avenue. Meredith Reckert presented the staff report. Entered into the record and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. • There were no questions at that time. Steve Elken, 1165 South Pennsylvania St., Denver was sworn in. Mr. Elken passed out copies of a revised plan for Applewood Reserve to Commission. Mr. Elken explained the outcome of a neighborhood meeting held the weekend prior to the public hearing. Among the suggested revisions by the neighbors were the elimination of the private drive; reorienting four houses toward Nelson Street; and elimination of wooden fences or brick walls in certain areas. He spoke about traffic impact and informed those present that a traffic study would be completed in the next two weeks. Mr. Elken stated the mortgagor would be reviewing the proposed revisions to the plan. Mr. Elken passed to Commission a large placard containing pictures of neighboring homes. He discussed traffic impact and flow, estimating to increase the number of daily trips about 150-170, or about a 40~ increase. He passed around a letter of support for the proposed plan from I. Garth and Mary Lou Terry, 3320 Nelson Street. Chairperson LANGDON asked Ms. Reckert if was okay for the applicant to make so many changes to the proposed plan? Ms. Reckert stated that the applicant could amend his application. The proposed revisions eliminate some concern with the rear lots facing Nelson Street, however staff prefers the plan submitted initially. • Planning Commission Minutes • February 15, 1996 Page 4 Chairperson LANGDON asked if curb and gutter would be required on Nelson Street, should the homes face Nelson? Ms. Reckert stated that the owner would be required with the development of the subdivision to install curb, gutter and sidewalk. Chairperson LANGDON asked then if one side of Nelson would have curb, gutter and sidewalk, the other side would not? Ms. Reckert agreed that would be the case. Discussion followed. Ms. Reckert pointed out on the map projected overhead, existing curb, gutter and sidewalk on Nelson. She stated the developer would have to continue that to the south. Mark Lawrence, 8101 East Prentice, Suite 420, Englewood was sworn in. Mr. Lawrence stated he represented Vintage Marketing Group who had been hired by the developer to market the 28 lots to builders and consumers. He elaborated. Mr. Lawrence was in favor of access onto West 32nd Avenue. • Chairperson LANGDON reiterated that the applicant had revised the plan submittal by eliminating the private drive. Mr. Lawrence, acknowledged that change. Karla Nostas, 3500 Parfet Street, was sworn in. Ms. Nostas stated she was in favor of bringing Oak Street through and making it the entrance to the development. Pat Andrews, 3270 Nelson Street, was sworn in. Ms. Andrews stated she was in favor of the development, so long as the four houses face Nelson Street. She was pleased with the design for traffic flow. Connie Bristol, 10825 West 32nd Avenue, was sworn in. Ms. Bristol pointed out her home on the map projected overhead and noted that she lives west of the proposed development. Ms. Bristol stated she was in favor of the plan to bring Oak Street through, utilizing Oak as access. She stated that plan was much preferred, due to safety concerns. Ms. Bristol stated she had spoken to the developer who had agreed to allow access to and from her property onto Oak Street, She did have some concern regarding the proposed Oak Street median. Chairperson LANGDON confirmed that the developer, Mr. Elken, had • stated earlier that he would shorten the proposed median and allow Ms. Bristol access to Oak Street. Planning Commission Minutes Page 5 February 15, 1996 Mr. Elken presented a petition containing 16 names and addresses of neighboring residents in favor of the proposed revised development. Chris Heiman, 3335 Nelson Street, was sworn in. Ms. Heiman complimented the developer for listening to the neighborhood. She agreed the four houses should face Nelson Street and liked the Oak Street exit. Ms. Heiman favored allowing egress/ingress of the Bristol residence onto Oak Street. Commissioner WILLIAMS asked if the revised proposal presented by Mr. Elken this evening concurs with staff recommendations. Ms. Reckert answered Staff prefers the horseshoe configuration with Nelson Street, but liked the fact that developer has agreed to remove the private drive and face the houses toward Nelson Street. Ms. Reckert stated that Bob Goebel, Director of Public Works was present and willing to answer any questions Commission might have. Commissioner CERVENY requested that Mr. • Mr. Goebel described traffic flow, comp with the original development proposal. recommendation, he stated he would Like engineer doing the traffic study on the Goebel comment. Bring the revised proposal Before making a to talk with the traffic development. Commissioner_ CERVENY asked Mr. Goebel if he felt there was substantial change from the comments made by Karl Bucholz regarding the original proposal. Mr. Goebel stated the volume of traffic may be slightly higher on west 32nd Avenue. Everything else, generally, is the same, he added. Commissioner CERVENY asked Mr. Goebel if he could foresee problems with safety factors, comparing the revised proposal to the previous plan. Mr. Goebel feels the greater number of access points you have onto a collector street, the more dangerous it is. He added that he preferred, from a traffic standpoint, the. original alignment. Commissioner RASPLICKA asked if thought had been given to installing a cross-street? Mr. Goebel stated that Lakewood had been considering re-alignment • of Nelson Street with Oak Street. Planning Commission Minutes Page 6 . February 15, 1996 Discussion followed. Ms. Reckert stated that the City of Lakewood had not responded with plans for street re-alignment. Commissioner JOHNSON asked Mr. Goebel if he had concern with drainage on the subject parcel. Mr. Goebel stated it was his opinion that drainage would not be a major problem with either plan. He added that Council would have to establish street width due to a recent Charter amendment. Chairperson LANGDON asked if West 32nd Place would be eliminated on the most recent proposal? Mr. Goebel stated yes. Chairperson LANGDON asked Mr. Goebel if he preferred access onto Nelson Street? Mr. Goebel answered yes. Chairperson LANGDON asked what could be done for Ms. Bristol? • Discussion followed. Chairperson LANGDON asked if Bristol's access to West 32nd Avenue would be closed? Mr. Goebel answered only if Oak Street connects to West 32nd Avenue. Melissa Kovach, 1939 Glen Garry Drive, Lakewood was sworn in. Ms. Kovach stated she and her husband had signed a contract as well as paid a sum of money as a down payment on Lot 9 in the Distinctive Addresses subdivision. She wanted to know the status of the project, including bringing in utilities. Mr. Gidley stated that no building permit would be issued until utilities are in place and the street has been constructed. Mr. Elken explained to Ms. Kovach the arrangements made for installing utilities on the property. Ms. Kovach suggested that the City not approve the replatting until utilities are installed and restitution made. Chairperson LANGDON stated that he believed that Ms. Kovach would have to pursue this further legally in Civil Court. Planning Commission Minutes Page 7 • February 15, 1996 Commissioner CERVENY asked Mr. Elken if he was the one responsible for the improvements to the property on the northern side_ Mr. Flken answered yes, he was. He confirmed that the remaining funds were escrowed with the City or with Westridge Sanitation District. Deborah Rosenthal, 3395 Nelson Street was sworn in. Ms. Rosenthal requested the installation of a "speed bump". She was concerned.. about the increased traffic and thought the speed bump would slow traffic. Mr. Goebel stated that the City of Wheat Ridge does not allow the installation of speed bumps at present. Ms_ Rosenthal suggested a stop sign be installed. Discussion followed. Mr. Goebel stated he could recommend to the Chief of Police to increase enforcement in the area. • Ms. Rosenthal stated she supported the Oak Street/West 32nd Avenue access which she thought would eliminate a significant amount of traffic on Nelson Street. Jean Martin, 3375 Nelson Street, was sworn in. Ms. Martin stated that she believed the West 32nd Avenue access would be beneficial. Her concern was with excessive traffic in her neighborhood. Commissioner CERVENY moved that Case No. WS-96-1, an application by Stephen_Elken for Applewood Reserve Venture for approval of a resubdivision (as modified) of property known as Distinctive Addresses at Applewood Subdivision located at 10701 West 32nd Avenue. be approved for the following reasons: 1. The property is within the City of Wheat Ridge and all posting and notification requirements have been met. 2. There is a predominance of neighborhood support at this hearing and at the previous hearing for access directly off of West 32nd Avenue, via Oak Street. 3. There should be a decrease in traffic on Nelson Street. With the following conditions: 1. Modifications that were made here at the public hearing coincide with the revised staff plan, in which Lots 1-4 face • Nelson Street; and • Planning Commission Minutes February 15, 1996 2. With the condition that arrangements developer for access onto Oak Street residence at 10825 West 32nd Avenue. the median/island should be revised recommendation. Page 8 be made with the for the Bristol The configuration of according to Staff's Commissioner Johnson seconded the motion. Motion carried 5-0. 8. CLOSE THE PUBLIC HEARING At this time Chairperson LANGDON called a short recess at 8:51 p.m. Meeting reconvened at 9:03 p.m. 9. OLD SIISINESS 1. Commissioner CERVENY suggested that Case No. ZOA-95-6 be reconsidered by Planning Commission. • Commissioner CERVENY moved that a date for public hearing be set for March 21, 1996 for reconsideration of Case No. ZOA-95-6. Commissioner CERVENY stated that his concern was that personal property rights could be violated. He gave an example. Commissioner JOHNSON seconded the motion. Discussion followed. Note: During the discussion period, the secretary experienced recording difficulty, and as a result, there was approximately five to ten minutes of this meeting that was not recorded. Discussion continued. Motion carried 3-2, with Commissioners RASPLICKA and WILLIAMS voting no. 10. NEW BIISINESS 1. Proposed mass rezoning in District I Councilmember CERVENY asked that he be brought up-to-date regarding the proposed rezoning. Mr. Gidley stated that Councilmembers from District I approached him regarding the possibility of down-zoning of R-3 properties generally between Sheridan Blvd, and Harlan Street, from West 32nd Avenue to somewhere south of West 38th Avenue. There is some further property along West 29th Avenue that may be included. The majority of the area, he added, is zoned R-3 and developed as single-family residential. This item will be discussed by Council at a study session Tuesday, February 20. Discussion followed. Consensus was to wait for further information. • Planning Commission Minutes Page 9 February 15, 1996 Louise Turner, Animal Control Commission requested that item #2, under Discussion and Decision Items be discussed first. 11. DISCIISSION AND DECISION ITEMS 1. Discuss Proposed Revision to Code of Laws Regarding Pot Belly Pigs Mr. Gidley stated Commission had requested this item be placed on an agenda. He brought Commission up-to-date regarding current law regarding swine and spoke about requests received by the City to allow the Pot Belly Pig as an "exotic animal" in Wheat Ridge. He elaborated, explaining the process. Louise Turner, a member of the Animal Control Commission, stated that the Pot Belly Pig issue had been tabled in January by the Animal Control Commission until March, so that additional information could be provided. 2. Discuss Zoning Ordinance Definition of "Story" and Consider Revision Mr. Gidley reported that he thought Commissioner ECKHARDT had • requested this item be placed on an agenda. Since Commissioner ECKHARDT could not be present tonight, consensus was to discuss this item at a meeting when Commissioner ECKHARDT can attend. Mr. Gidley has back-up material which he will provide. 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNbIENT There being no further business, meeting adjourned by consensus at 10:12 p.m. clra wi ins ~ Greta gg r'Y •