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HomeMy WebLinkAbout05/02/1996 MINQTES OF MEETING May 2, 1996 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson LANGDON at 7:33 p.m., on May 2, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt Harry Williams Jay Rasplicka Carl A. Cerveny George Langdon Warren Johnson STAFF PRESENT: Glen Gidley, Director of Planning & Development Sandra Wiggins, Secretary • PiTBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of May 2, 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 • May 2, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Mr. Gidley informed those present that Case No. WV-96-1, the second case on the agenda, had been withdrawn. He explained that the City had no jurisdiction to pursue the vacation, since the State will directly transfer ownership of the land to the owner. The city will not be involved. With that change,, Commissioner WILLIAMS moved to approve the order of the agenda for the meeting of May 2, 1996 as amended. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. (Commissioner CERVENY was out of the room for a brief period.) 5. APPROVAL OF MuvuiES Commissioner ECKHARDT moved to approve the minutes for the meeting of April 4, 1996 as printed. Commissioner JOHNSON seconded the motion. Motion carried 5-0. 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. ~_~a rr~~W7,-96-3 ~ An application by the City of Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for the establishment of uses allowed and general design parameters akin to an Outline Development plan. Said property is located at approximately 12851 West 32nd Avenue. Mr. Cerveny returned to the meeting at that time. Mr. Gidley presented the staff report. Entered into the record and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Chairperson LANGDON asked if a representative from CDOT had to be present. Mr. Gidley explained that it was not necessary, since a joint agreement was made during a court proceeding between the City of Wheat Ridge, Colorado Department of Transportation and Mr. • Richter. -- Planning Commission Minutes Page 3 • May 2, 1996 Dwaine Richter, 6565 South Syracuse Way, #1202, Englewood, was sworn in. Mr. Richter stated he agreed with the comments Staff had made. He reiterated he was the owner of 70 West Business Center and stated he agreed with the rezoning. Mr. Richter stated he felt the request for rezoning should be approved, as he was giving up land zoned PCD and therefore the land he received also should be zoned PCD. Commission had no questions for Mr. Richter at that time. Mr. Gidley read a letter from Colorado Department of Transportation and requested that it be entered into the record. Chairperson r,nNGDON accepted the letter. Norm Ross, 3145 Zinnia Street, was sworn in. Mr. Ross noted that he lives directly south of the 70 West Business Park. He stated the area is primarily residential in nature. Restricted Commercial zoning would be more appropriate, he felt. The commercial-One zone designation would be acceptable, with a few exceptions - those would be Section B., Nos. 2, 5, 9, 21, 31 and 25. Those uses did not belong in a residential neighborhood he added. Mr. Ross also wanted the developer to submit a plan for • the entire parcel. Care should be taken so that uses are not allowed that generate high volumes of traffic. He felt the construction material should be brick and there should be a bike path along the vacated Youngfield Service Road or, sidewalks should. be installed along-the relocated service road. Commissioner CERVENY asked Mr. Ross when he had moved onto Zinnia Street. Mr. Ross answered approximately 1980. Commissioner CERVENY asked about the sound barrier that had been installed recently. Mr. Gidley stated that a sound barrier had been installed along the west side. Commissioner CERVENY asked why the wall had been built. Mr. Gidley stated the sound wall was installed along the west side of 70 West Business Center specifically to abate concerns of residents to the west. Commissioner CERVENY asked what those concerns might have been. Mr. Gidley stated the concerns included business activity, noise, • lights, etc. Planning Commission Minutes • May 2, 1996 Page 4 Commissioner CERVENY asked if there were restrictions placed on the C-1 zoning stated in the agreement reached in court. Mr. Gidley stated there were no restrictions placed on the existing C-1 zoning in the agreement reached by the court. That was not an issue, he added. The issues were the relocation of the service road, and the subsequent rezoning of the service road to similar zoning as that land which was taken. Commissioner CERVENY asked if the restrictions would be similar zoning. Mr. Gidley answered yes, the zoning would be PCD, with C-1-type uses. Commissioner CERVENY asked Mr. Gidley if similar restrictions could be placed on the property consistent with the court order, if intent is met? Mr. Gidley answered if the restrictions were reasonable, he thought it could be done. Mr. Gidley informed Commission of the uses Mr. Ross indicated he • would like to see eliminated from the list of C-1 uses for the subject property. They were as follows: B.2. Adult entertainment establishment (could not comply in terms of location); 5. Auto service/repair/maintenance, etc.; 9. Commercial machine shops; 21. Motor fueling stations; 25. Drive- in restaurant; 31. Taverns/nightclubs/lounges. Commissioner RASPLICKA asked if the items of auto- repair are included or excluded in C-1 zoning uses. Mr. Gidley answered currently they are included. Chairperson LANGDON asked what uses would be left, if the ones he named were not allowed. Mr. Gidley answered that there is quite a long list of allowed uses - 32 general uses and three or four times that many specific uses. He added that in terms of placing a building on the land, it is fairly limited, he thought it would be mostly landscaping, setbacks, parking and drive aisles. From a practical standpoint, Mr. Gidley stated it was likely the land would become parking for adjacent commercial uses, drive aisles or landscaping associated with. the primary use on the balance of the property. Chairperson LANGDON asked if anyone in the audience would like to speak, other than those signing the roster. • Planning Commission Minutes Page 5 • May 2, 1996 Patrir_ia Rubano, 13050 West 32nd Avenue, was sworn in. Ms. Rubano stated she moved to the area in 1987. She asked the Commission to consider the feelings of residents in the area, since it is primarily a residential area. Currently, traffic is a problem, as well as constant food smells. Chairperson LANGDON suggested Mr. Gidley explain how the land was zoned C-l. Mr. Gidley offered to give a brief history of the property, which he did, informing those present that the C-1 zoning has been in place since 1974. Commissioner ECHIiARDT stated he was never in favor of the present zoning on the parcel, however, he did not feel there was much that could be done to change it at this time. He elaborated. No other comments were offered at that time. Commissioner CERVENY moved that Case No. WZ-96-3, an application by the City of Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for the establishment of uses allowed and general design • parameters akin to an Outline Development Plan for property located at approximately 12851 West 32nd Avenue, be Approved for the following reasons: 1. The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 2. It will allow for future development of the 70 West Business Center. 3. The criteria used to evaluate a rezoning request supports approval of this request. 4. The zoning being established has been in place since 1975 when the property was annexed. With the following condition: 1. That C-1 conditions and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. Commission would suggest the owner of the property take into consideration the character of the property and its' impact on the surrounding neighborhood. • Commissioner WILLIAMS seconded the motion. Motion carried 6-0. Planning Commission Minutes • May 2, 1996 8. CLOSE THE PUBLIC HEARING Page 6 9. OLD BUSINESS A. Commissioner CERVENY asked Mr. Gidley about a change in the PRD between West 32nd and West 35th Avenues just east of Nelson Street. Mr. Gidley stated that City Council did not follow through on Planning Commission recommendation regarding replat of the subdivision. The public improvements are being constructed according to the original plat. Discussion followed. 10. NEW BUSINESS A. Proposed Master Plan for NW 38th Avenue and Kipling Area Mr. Gidley noted that this area is being studied comprehensively, as it is one of the largest areas of generally undeveloped • property left in Wheat Ridge. He went over Concepts A through E with Commission and invited Commission to attend a neighborhood meeting scheduled May 9, at 7:30 p.m. Jefferson Avenue United Methodist Church. Commissioner CERVENY informed Commission that he would be unable to participate on this case when it comes before Planning Commission, as he is a "Lister" of an involved property. 11. DISCIISSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMSNT REPORTS A. Proposed rezoning - District I Mr. Gidley stated that before the City can pursue that, enabling legislation must be adopted to the Code of Laws. Council has approved the concept of the legislation Monday, April 29. Once the legislation has passed, Mr. Gidley will present a Resolution to Council setting forth the specific area and suggest reasons why the City would pursue the mass rezoning. The process, he felt would take most of the summer. Commission probably won't see it_again before July. B. Comprehensive Plan Update • Mr. Gidley stated that Audrey Knight, a planner, had been hired on a part-time, temporary basis. He added that Audrey has a Planning Commission Minutes Page 7 • May 2, 1996 background in comprehensive planning. Most appointments have been made to the steering committee. Copies of the steering committee roster will be provided to Commission. C. Council Actions Report Mr. Gidley reported that Council is reviewing all board and commission bylaws. In addition, they have voiced a desire to meet with boards and commissions. The nonconforming use matter will finally be placed on Council agenda for first reading. Council has requested that staff draft a change to the Commercial zone regulations relative to nonconforming uses, mass rezoning proposal and residential uses currently zoned commercial. Council has authorized Public Works to move forward on the bike path design along West 32nd Avenue, from Wadsworth Blvd. to Dudley Street. Council has requested that the City Administrator contact Crown Hill representatives regarding the possibility of annexing. • Mr. Gidley reminded those present of a Planning Commission Workshop on June 15, Saturday. Mr. Gidley is on the planning committee for the workshop. Additional information should be arriving soon, he added. Commissioners CERVENY AND ECKHARDT informed Commission they would be unable to attend the May 16, 1996 meeting. Discussion followed. By consensus, it was decided a memo would be sent to Council urging the vacancies on Planning Commission be filled as soon as possible. 13. ADJOURNMENT There being no further business, Commissioner CERVENY moved for adjournment. Commissioner JOHNSON seconded the motion. Motion carried 6-0. Meeting adjourned at 9:20 m. c.~~ a Sa~'cira Wiggins, S~ tary