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HomeMy WebLinkAbout04/03/1997• MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION Apri13, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on Apri13, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Anne Brinkman -Absent Carl A. Cerveny Carolyn Griffith Jay Rasplicka Tom Shockley Nancy Snow Janice Thompson Harry Williams STAFF PRESENT: Glen Gidley, Director of • Planning & Development Bob Goebel, Public Works Director Meredith Reckert, Planner Marilyn Gunn, Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of April 3, 1997. 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. 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Conunissroner THOMPSON motioned, Commissioner GRIFFITH seconded to revise the agenda and to allow the continuance of Item A, Case No. WZ-97-6, to the May 1, 1997 Public Hearing. Motion carried 7-0. ,I F Commissioner SNOW motioned, Commissioner CERVENY seconded, to approve the agenda as .revised. Motion carried 7-0. . Planning Commission Minutes April 3, 1997 Page 2 5. APPROVAL OF MINUTES -March 20,1997 Commissioner RASPLICI{A motioned, Commissioner CERVENY seconded, to approve the Minutes as written. Motion carried 6-0 with Commissioner SHOCKI,Y abstaining. 6. PUBLIC FORUM (Tkris is the time for anyone to speak on any sub}eat not appearing under Item 7 of the Public Hearing section of the agenda.) There was no one present to speak. PUBLIC HEARING A. Case Na. W7,-97-F: An application by Good Times Drive Thru, Inc., for Walter R. Morris for approval of an amendment Planned Commercial Development final development plan. Property is locate at 4020 Wadsworth, City of Wheat Ridge, County of 3efferson, State of Jefferson. Postponed until the Planning Commission meeting of May 1, 1997. •B. Case No. MS-97-ic An application by Edmond Schaeffer for approval of a three (3) lot resubdavision on property zoned Planned Residential Development located at 3500 Parfet Street, City of wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert gave an overview of this case and presented overheads and slides. She stated that the property currently has planned residential zoning on it and that the future land use would be single family. This property meets criteria for Residential-One A standazds. The proposal is to widen the southern two lots by minimal backfill of the drainage area. The drainage azea would be dedicated to the City and maintenance responsibilities then becoming that of the City. Ms. Reckert stated that the Army Corps of Engineers has approved this request with four (4) conditions: 1) Renewal or extension of the 404 permit be approved prior to issuance of a fill permit by the City of Wheat Ridge; 2) any fill placed be properly maintained; 3) 4rr••.r•:ate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date; 4) heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance. Director GOEBEL stated that the area is not and has never been a part of the designated flood plain which are governed by the official flood plain ordinances of the City. He addressed concerns regazding illegal dumping and stated that although there has been an occasion or two, it has not been a major problem. Discussion was field regazding the swamp area considered to be area wetlands, dumping control in the !drainage area, Corp of Engineers approval to backfill some of the swamp area, type of fill to be used, Planning Commission Minutes April 3, 1997 Page 3 and possible need for approval of Parks Commission. Chairperson WILLIAMS swore in Edmund Schaeffer, 11493 W. Briarwood, Lakewood, 80226. Mr. Schaeffer stated he is requesting this proposal to provide larger lots for homes. Commissioner Snow inquired if a retaining wall would be installed. Mr. Schaeffer stated it would be up to the Corps of Engineers and what they advised. A copy of the letter from the Corps of Engineer was provided to the Planning Commission for their information. Chairperson WILLIAMS swore in Bill Collett, 3470 Parfet, who is the applicant's son-in-law. He currently owns the existing home on the property and is ni favor of the 4rr... /al. He wishes to enlarge his personal lot and have the ability to sell the remaining lots. Chairperson WILLIAMS swore in KarlaNostas, 3500 Parfet. Ms. Nostas stated she did not have any strong objections. However, she wishes to be kept informed of what is proposed and is concerned about flood control if the swamp is backfilled. She does not want her property to flood during heavy rains and requests assurances from the City that flooding will not be a problem. Director GOEBEL stated that the ~riginal drainage pipe was replaced by a box culvert in approximately 1988 which should be able to handle any water drainage. A motion was made by Commissioner CERVENY, seconded by Commissioner THOMPSON, "that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Parfet Street, be Approved for the following reasons: 1. The property is in the City of Wheat Ridge, proper posting has been accomplished, the City has jurisdiction on this matter, 2. All requirements of the subdivision regulations have been met, 3. The proposed subdivision is consistent with the zoning conditions approved by Case No. WZ-79- 13, 4. The 100 foot frontage is consistent with the desire of the surrounding neighborhood. With the following conditions: 1. Renewal of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge or submittal to City Council, 2. Any fill placed be properly maintained, 3. ArY..,Y.~ate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date, ~4. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance, Planning Commission Minutes April 3, 1997 Page 4 5. Lot 1 be restricted that no fence will be installed in the drainage easement area as illustrated on the revised plat, and, 6. That Tract A will be dedicated to the City of Wheat Ridge." Motion carved 6-1. C~*n*n~~sioner SNOW voted against this proposal because she feels that any wetlands, no matter how small, are a valuable asset to the City and that the City should not approve the fill. The three approved lots could be built upon as they are. There are numerous lots in the surrounding azea of the same size of 75' frontage and 9,000 feet. Director GIDLEY stated that this is a major issue as it relates to the rights of property owners. The Supreme Court decision in the Dolan Case requires consideration of public restrictions on development to the extent that there are certain public benefits derived from regulation. If it is to become policy of the City to regulate wetlands to the extent that no development whatsoever could ever occur, the City needs to seriously look at the possibility of acquiring such wetlands or at least the rights to those lands as it relates to development. C. Case No. CUP-97-1. An application by the Queen of Vietnamese Martyrs Parish for the Archdiocese of Denver for approval of a Conditional Use Permit to allow a church and ancillary uses in a Residential-Two zone district for properties located at 4615 and 4685 Harlan Street, 4660 and 4690 Ingalls Street, City of Wheat Ridge, County of Jefferson, . • State of Colorado. Ms. Reckert passed out a memorandum from Pazks and Recreation and presented an overview of this case and entered into the record, overheads and slides which provided colored areas designating the different zones involved on this property. The church has established itself into a campus type facility with multiple buildings on multiple properties. Currently there are three existing buildings on the southern portion of the property zoned Commercial-One and the parish house and rectory are located on Residential-Two zoned land. There is a six-foot high chainlink fence with slats in need of repair that surrounds a portion of the property. Because the church has multiple buildings and zonings, Staff requested review of the total site for access and parking. Appropriate parking including handicapped requirements and access aze being proposed. Ms. Reckert stated that the exit on 47th Avenue will be limited to right-hand turns only and that Staff is recommending that it be signed as no left-hand turns and there be a raised median constructed. Staff is requiring that the appropriate number of dumpsters and screening from view be added to the plan. In addition, internal signing is being recommended to control traffic flow within the complex. Public improvements will also be required for curb, gutter and sidewalk as well as appropriate percentages of landscaping. Ms. Reckert relayed that a neighborhood meeting was held on February 4, 1997, with good attendance. Much of the discussion included traffic and various other potential impacts on the neighborhood such as fire access, number of membership, would there be a membership drive planned, on-street pazkflng, height of the building, would the church be expanding into a pazochial school (which there aze no plans at this time), installation of the playground, noise, fencing, would playground be available for public, .construction times, etc.. Ms. Reckert provided infonnation of the criteria used to determine appropriate • Planning Commission Minutes Apri13, 1997 Page 5 use of this proposal and found that it is within limits and is consistent with the Comprehensive Plan. The Public Works Department will be requiring a drainage report and construction plans for the public improvements. Discussion took place regarding the City right-of--way, lengthening of the pazking spaces, the playground vs traffic, dumpster placement, buffering, landscaping, fencing, building heights, and installation of a crosswalk to the playground. Chairperson WILLIAMS swore in Tom Reck, 9605 West 49th Avenue. Mr. Reck provided information regazding the use of each of the existing and new buildings, overviews of access, traffic r'lows, the playground, and stated objection to the norther curb cut on Harlan Street being limited to right-out turns only. Mr. Reck stated that this church draws attendance from all over the metro area as it is the only Vietnamese catholic church available. Mr. Reck has had discussion with area property owners and relayed that there appears to be no opposition to the proposal. A question was raised regarding the opening of Ingalls. Mr. Reck stated that there is a restriction from doing that due to a one foot strip being in place which is not owned by the church. This strip was placed there when the property was originally platted so that there would be no access from Ingalls into the church property. He also reviewed his summary of the affect of traffic flows and access. .Chairperson WILLIAMS swore in The Mai, 4495 Harlan. He supports the proposal. Chairperson WILLIAMS swore in Anton Nguyen, 6634 Kendall St., Arvada. He supports the proposal and would like reconsideration of the right-out only turn requirement. Chairperson WILLIAMS swore in Dr. Robert Hilsenroth, 4675 Ingalls Street. Dr. Hilsenroth stated he had a couple of concerns including who owns the spike strip on Ingalls Court and asked that it be checked. He stated he owns a property at 4675 Ingalls and does not want Ingalls opened. He believes that it will devalue his property. He questioned the square footage of the prior IHOP building and was advised it was approximately 3,000 with the new building having 21,000 square feet. He stated that he believed that even though it had been stated that there was no anticipated growth, he felt there would certainly be some especially in light of the fact that this is the only Vietnamese Catholic Church in the metro area. He wanted to point out that the older children are actually using the cul-de-sac azea which he did not have a large problem with, however, his main concern was the playground area. He stated that he views the future as providing a preschool and has objection to this use and wants to know what guarantee he has that this will not occur. Director GIDLEY stated that this could happen as an accessory use by the church. Dr. Hilsenroth stated that he felt that when he goes to sell his property he feels it will be devalued. He does not concur with the playground or possibly preschool/day care use. Chairperson WILLIAMS swore in Clarence Palcic, 6145 W. 47th Avenue. He wants to support the proposal, however, he felt that speeding was a problem in 47th Avenue and requested speed bumps be .installed to handle current and future traffic. He further stated that vehicles do not abide by the stop sign Planning Commission Minutes Apri13, 1997 Page 6 at 47th and day Street. Director GOEBEL stated that he would forward this complaint to the Police Department, Chairperson WILLIAMS swore in Robert Howard, 4695 Ingalls. He stated that in the 1950's it was established that Ingalls Street would never be opened. He further stated that he did not have a problem with what the church was proposing, however, he was concerned about the width of 47th Avenue. Co*nTM+~~sioner SNOW motioned, Commissioner GRIFFITH seconded, "that Case No. CUP-97-1, a request for approval of a conditional use permit to allow a church and ancillary uses on properties located at 461 S Harlan Street, 4685 Harlan Street, 4660 Ingalls Street and 4690 Ingalls Street, be Approved for the following reasons: 1. It is more desirable than an additional commercial use along Hazlan Street, 2. The evaluation criteria supports approval, 3. It provides a land use transition from the more intensive use along Harlan Street to the playground and low density neighborhood further to the west. With the following conditions: ~. The existing fence on the western property line of 4615 Harlan Street and along the south side of the property be repaired where needed, Z. The curb cut onto West 47th Avenue be limited to right turns only with a sign posted and a mountable median installed, 3. An additional travel land and appropriate stripping be constructed from the curb cut on 47th to the Harlan Street intersection, 4. The pathway to the playground be moved north to align with the rear exit door of the education building and that a crosswalk be installed across the drive aisle, 5. 'That additional dumpster Locations be shown with appropriate screening, 6. The vehicle service area spaces off West 47th be lengthened to a length prescribed by the Planning Department to avoid velvcles from blocking travel lanes in the street, 7. That the new building be shifted as far east as possible (at least 5 feet) so the landscape buffer along the west side of the rear drive aisle can be widened, 8. Internal stop signs be installed in front of Building `B', 9. That Ingalls Street may not be opened for vehicular traffic even if the church acquires the spite strip, 10. That the playground he opened for neighborhood use, 11. That the mount requested by the Public Works Department be dedicated along 47th Avenue" Motion carried 7-0. Planning Commission Minutes Apri13, 1997 Page 7 D. Case Nn. 7.CDA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24, Light Industrial District Regulations regarding uses allowed at "Principal Permitted" and "Special Uses", City of Wht Ridge, County of Jefferson, State of Colorado. (Continued ffrom March 20, 1997.) Director GIDLEY restated points of concern and on-going history regarding this proposal for the audience and new Commissioners. He stated that this proposal is important and advised the audience that a final proclamation would probably not be made at this meeting. He suggested that the proposal be again postponed and be studied in-depth. However, there is a scheduling conflict (trairring is scheduled for 4/19 and 5/1 is the next Public Hearing) which will require that the proposal not be resumed until the study session of May 15. Director GIDLEY advised that once a recommendation decision is reached by the Planning Commission, it would be scheduled for a Study Session meeting with City Council prior to any public hearing should one be necessary. A public hearing may or may not be held depending on the decision of the Council to continue the change request or not. Chairperson WILLIAMS swore in Ken Dalmain, 12000 W. 52 Avenue. He owns two businesses in the Light Industrial area and has invested approximately $300K. He further stated that prior to purchasing his land, they confirmed with the City of Wheat Ridge that the zoning was appropriate and has taken every precaution to meet all requirements. He feels he is a contributor to the City and if a rezoning was to occur, his investment would be a totai loss. - - Chairperson WILLIAMS swore in Bob Harmson, 12098 W. 50 Place. Mr. Hannson stated he has owned 12.5 acres of Industrial property in Wheat Ridge since the 1940's. He is concerned regarding land values and should owners continue to develop property in Wheat Ridge. Chairperson WILLIAMS swore in Sharon Peterson, 8192 Kline. She is the trustee for property located 12360 W. 49th Place which her father built in the 1970°s. Special use approvals for all renters when there is a change of tenants would cause hazdship. The property is used as a trust income for her mother and she is concerned that with a rezoning, this income could be eliminated. Chairperson WILLIAMS swore in Lee Jordon, 14470 W. 56th Place, Arvada. Mr. Jordon stated he was asked to join a voluntary committee for the City of Wheat Ridge. The committee was was formed due to lack of major development, taxes, businesses, annexation, etc., and how could the City grow. Mr. Jordon is an owner of a lumber yard which originally generated an income of approximately $600K/yeaz and is now generating between $5-6M per year. Use and Sales Taxes are paid to the City and they employ up to 25 people. He said if zoning changes and a lumber yard would no longer be allowed at the time he decides to sell, it would be devastating to him and his retirement plans. Chairperson WILLIAMS swore in Bill Sanders, 2960 Braun Court. He expressed confusion as to who .initiated this request so that he and others would know who to talk to. Mr. Sanders inquired about • Planning Cormission Minutes April 3, 1997 Page 8 attending meetings, legal protest, what happens when a protest is presented, and why this proposal was presented. Director GIDLEY answered his concerns. He is very much opposed to the zoning change proposal. Chairperson WILLIAMS swore in Patricia Grossman, 11771 W. 49th Avenue. She stated that this property has been in her family for approximately 25 years. She stated she is firmly opposed with the proposal and feels there is a good set of rules and regulations already in place as welfl as an excefllent staff to give advise to both the Commission and the property owners. She stated she had previously been the head of the Chamber of Commerce in the City of Wheat Ridge which is no longer in existence. There is only a branch because there was no interest in having a Chamber. She stated she would not like to see the same thing happen with this proposal. Chairperson WILLIAMS swore in john Cillessen, 13020 W. 58th Avenue. He stated he owns property at 12300 W. 49th Place that has been industrial since his father purchased the property in 1967. He stated that if it isn't broken, don't try to fix it. He stated that if he is required to do away with his outside storage, he will have to leave. He purchased this property because it was zoned Industrial. He would rather stay in Wheat Ridge, however, if the rezoning occurs, he stated he and other land owners would seek deannexation. .Chairperson WILLIAMS swore in Bob Velten, 10670 Ross St., Westminster. Mr. Velten stated he felt that the proposal is a dezoning in which those who own Industrial property will loose. He stated that he is a real estate broker and took time to try to fmd legal case history that has dealt with a situation like this. He said that what he found was not favorable to the City and recommended that the Commission request the City Attorney to provide them with legal law regarding the proposal and ramifications that could occur. He protests the change vehemently. Chairperson WILLIAMS swore in George Wyatt, 506 High Point, Golden. He stated he would just like to reiterate the comments made by Mr. Velten and protests the proposal. Chairperson WILLIAMS swore in Mike Ursetta, 6690 Carr Street, Arvada. He confirmed his opposition to the proposal and requested the Planning Commission assist property owners in keeping the zoning the way it is now. Chairperson WILLIAMS swore in Sherry Gerard, 2601 South Quebec. She stated that her attorney advised her to attend a Public Hearing and verbally object to the proposal as a requirement before having to go to coufc. General discussion was held including property owner recourse with the City, elimination of the 5-yeaz proposal, grandfathering, etc.. Commissioner CERVENY expressed his dismay with the proposal and stated he did not believe it to be in the best interest of the property owners. Planning Commission Minutes Apri13, 1997 Page 9 A motion was made by Commissioner RASPLICKA, seconded by Commissioner SHOCIChY to continue discussion on this proposal to the next Study Session of May 15, 1997. Motion carried 7-0. Chairperson WILLIAMS thanked the audience for coming. Commissioner SNOW stated that she would have preferred having the City Council discuss this proposal in their Study Session so that they could give the Planning Commission direction as to what exactly they were expecting. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS The new Commissioners were welcome. Commissioner CERVENY inquired about a going away dinner for the past Secretary and Commissioners. Director GIDLEY will contact the past Secretazy and find an amiable date for ~veryone. 11. DISCUSSION AND DECISION ITEMS 12. COMMYTTEE AND DEPARTMENT REPORTS fl3. ADJOURNMENT The meeting was adjourned aY 11:50 p.m. by c