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HomeMy WebLinkAbout06/05/1997 MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION June 5, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on June 5, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: STAFF PRESENT: Harry Williams, Chairperson Anne Brinkman Cazl A. Cerveny Cazolyn Griffith Jay Rasplicka Thomas Shockley Nancy Snow Janice Thompson Glen Gidley, Director Planning & Development Meredith Reckert, Senior Planner Marilyn Gunn, Recording Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing held on June 5, 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 (Items of new and old business may be recommended for placement on the agenda.) A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW to approve the agenda with additions made by Commissioner CERVENY to Section 11, Discussion Items: Comp Review Plan. Motion passed 7-0. • Planning Commission Minutes June 5, 1997 Page 2 5. APPROVAL OF MINUTES A motion was made by Commissioner RASPLICKA, second by Commissioner SNOW to approve the Minutes of May 28, 1997. Motion passed 7-0. 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.) There was no one present to speak. 7. PUBLIC HEARING A. Case Nn. WZ-97-7: An application by Louis Ficco on behalf of Dorothy Smith and Lenore Harris to rezone from Residential-Two and Commercial- One to Planned Commercial Development and outline development plan for property located at 6225 W. 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. • Ms. Reckert presented an overview of the case and submitted into the record slides, comprehensive plan, exhibits, staff report and other related materials. All required notifications have been met. She stated that Staff is somewhat concerned about some of the more intensive uses that are being proposed with regard to the residential property located to the north. She also said that a note is to be placed on the plan disallowing any billboards on the property and further that brick accents on sides visible to the streets will also be added.. She said that the Economic Development Coordinator stated that there is need for this type of tenant space in Jefferson County and that spot zoning is not an issue. On Mazch 13, 1997, a neighborhood meeting was held and the concerns expressed regarding drainage are being addressed in addition to outside storage. Escrow will be required for the public improvements that are necessary. This application has been recommended for approval. Chairperson WILLIAMS swore in Louis Ficco, 11315 W. 38th Avenue. Mr. Ficco elaborated on the surrounding azea pointing out that the property would not be appropriate for residential use especially with the highway proximity, public storage to the east, and the industrial operations to the west. He stated that there is one house which is approximately 100 feet from the proposed building in addition to a 25 foot drop off from the future business and did not feel that noise would be a problem. He further stated that he understood that the City of Wheat Ridge is interested in purchasing the house including surrounding properties to create a park. He said that the fence would not exceed six feet. Those who need outside storage, will not be permitted to exceed the fence height or store in any area visible to the public. He felt that the horsepower restrictions should be reviewed. The five HP limit is antiquated especially considering new . technologies. New motors are closer to 35, 40 or 50 HP and run extremely quiet. He would not Planning Commission Minutes • June 5, 1997 Page 3 • anticipate excessive noise from a new 35 HP motor as opposed to what was the case with older 5 HP models. Discussion was held regarding semi-trucks,, fill to be used, flood plain concerns, reluctance of having a tire recapping business, landscaping, loading zones, general traffic, noise, zoning, horsepower limits, time limited semi pazking, outside storage, type of businesses allowed, and effort to save as many trees as possible. A motion was made by Commissioner CERVENY, seconded by Commissione; SNOW, "I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be APPROVED for the following reasons: 1. It is within the City of Wheat Ridge, posting notifications have been met. 2. Although some of the uses aze semi-industrial in nature, the proposal is consistent with adjoining zoning and development. 3. The property cannot be reasonably developed under current zoning. 4. All responding agencies can service the facility. With the following conditions: 1. That performance standards as "Exhibit A" be included under the list of allowed uses. 2. A note disallowing billboards be placed on the plan. 3. If feasible and subject to approval of the Final Development Plan, brick accent be used on those building elevations visible from adjoining streets. 4. Outside storage can be allowed on the northern most building provided that it is not accessible by vehicles and will be reviewed at the time of the submittal of the Final Development Plan. 5. Mature trees to be preserved as practical. 6. No above ground loading docks be shown on the Final Development Plan. 7. In the list of uses, tire capping be eliminated. 8. That the plan provide noise standards that are acceptable per State standards. 9. Repair or maintenance of semi-trucks be eliminated. 10. Regular pazking or storage of semi's outside the premise will not be allowed." • Motion carried 8-0. B. Case No. W7,-97-5: An application by Pacifica Holding Company LLC to rezone from Commercial-One to Planned Commercial Development, outline Planning Commission Minutes • June 5, 1997 Page 4 plan approval and final development plan approval with a variance for property located at 9500 W. 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert presented an overview of this case and entered into the record, zoning ordinance, comp plan, slides, exhibits, and other pertinent information. Ms. Reckert stated that the applicant has requested rezoning to eliminate some of the allowed uses that they feel are undesirable for the neighborhood and to expand some of the allowed uses. There was one letter of objection which was included in the packet. Allowed uses include C-1 uses with the exception of undesirable businesses such as adult entertainment, auto repair, and bars. It has been required of the applicant to include performance standards into the list of allowed uses. Availability for outside storage is a concern due to visibility and Staff is requesting that storage be excluded from 'the eastern two buildings and limited storage for the western buildings which would include outdoor screening. She discussed the sign size and height originally denied when presented to the Board of Adjustments in March, 1997. The sign change constitutes a reduced request for sign setback variance. The developer installed an improper sign during original development due to a misconception on their part regarding what aspects of the development were covered by the building permit. • Chairperson WILLIAMS swore in Mike Kendall of Pacifica Holding Company, 5350 S. Roslyn. Mr. Kendall stated that they would remove the request for outside storage in order to create a "business park" atmosphere. They plan to remove inappropriate uses and replace them with more desirable businesses. He stated there have been considerable requests for areas that include some storage inside behind the front offices. He stated that 80% of this type of use is office/business space with the remaining 20% light industrial. The horsepower request stems from technology improvements and an effort to be flexible for future tenants. He is willing to compromise. however. He said that higher horsepower with new generators will generate less noise and pollution. He stated that uses they would eliminate include adult entertainment establishments, auto/light duty truck sales/rental, out-of-service repair shops, hotels/motels, mortuaries, motor fueling, woodworking, drive-in restaurants, pawn shops, bars, theaters or night clubs. Targeted business for this project are of the 8:00 a.m. to 5:00 p.m. type businesses. He feels that Pacifica is trying to make the project as aesthetically pleasing as possible. Chairperson WILLIAMS swore in Chris Rusch, 6108 S. Pierson, Littleton, 80127. Mr. Rusch is the sign designer and presented the proposed sign overview. General discussion included elimination of all outside storage, appearance of the building, light industrial usage, free standing signs, maximum machine horsepower, noise created by generators and the opening of the garage doors for ventilation, truck traffic, screening of the apartment • buildings, what type offence would be installed, fire department concerns regarding the indoor fire system and various site improvements. Plamung Commission Minutes June 5, 1997 Page 5 The following motions were presented: OutFne T)evelonment Plan Commissioner SNOW motioned, Commissioner THOMPSON seconded, "that Case No. WZ-97- 5, arequest for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be DENIED for the following reasons: 1. The number and type of industrial uses included make it industrial use not commercial. 2. As such it is not in conformance with the Comprehensive Plan which shows office/retail at the Kipling Activity Center Master Plan. 3. It is not compatible with the adjacent residential properties. '- 4. It can reasonably be used within the current zoning. 5. Allowing rezoning uses to industrial uses in one of the designated commercial activities could establish a precedence to ignore the intent of activity centers throughout the City. • Motion failed 3-5. (Commissioners Rasplicka, Cerveny, Brinkman, Griffith, Williams: denied). Final Devehnment and Outline Plan Commissioner BRINKMAN motioned, Comrissioner CERVENY seconded, "that the request far approval of an outline and final development plan for property located at 9500 West 49th Avenue, be APPROVED for the following reasons: 1. A rezoning is required to expand allowed uses as recommended by Staff which would allow a land use transition. 2. All requirements for a PCD outline development plan have been met. With the following cottditions: 1. In the development standards, the perimeter setback next to the right-of--way be changed to 50 feet. 2. No regular long term parking ofsemi-trucks and trailers be allowed. 3. No outside storage be allowed. 4. Any use not permitted under the Commercial-One and not listed under the additional light industrial, cannot occur between 10:00 p.m. and 6:00 a.m.. 5. Any use in excess of 35 HP in the two most eastern buildings be reviewed on a case-by-case basis by Staff. Planning Commission Minutes • June 5, 1997 Page 6 6. In the two western buildings, any use in excess of 40 HP will not be allowed without Staff's discretion. 7. No attachment of additional equipment such as special equipment, cranes, lifts, etc. to outside walls or roof will be permitted. 8. Eliminate uses listed on the plan under #8. 9. No woodworking businesses will be allowed." Motion carried 5-3. (Commissioners Snow, Thompson, Shockley: denied). Variance Commissioner THOMPSON motioned, Commissioner CERVENY seconded, "that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be APPROVED for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not have a negative impact on property values or public welfaze. • 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks. With the following conditions: 1. Landscaping be installed around the base of the sign. 2. No other freestanding signs be allowed on the property." Motion carried 8-0. C. Case Nn. 7,nA-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 as "Principal Permitted" and "Special Uses", City of Wheat Ridge ,County of Jefferson, State of Colorado (Continued from Apri13, 1997.) Director GIDLEY presented an overview of case history. He stated that he has rewritten the ordinances which were attached to the packet for review. There aze four sepazate issues being addressed in order to meet State Constitutional requirements. The Council Bills address Semi- Trucks and Trailers, Outside Storage, Landscaping, and Special Use Permits. It does not rezone. • any property or retro-apply to any existing use. The only way it would apply to any existing use is if the owner started a new business, built a substantial addition or redeveloped property, and is Planning Commission Minutes • June 5, 1997 Page 7 not intended to apply to any existing businesses that are currently operating. Director GIDLEY reviewed each Council Bill. Discussion was held regarding grandfathering, rlafining or deleting non-commercial uses, parking areas, specific definitions which are provided in the Bill, number of trucks allowed to park in every commercial district, concern regarding three semi's being allowed to park in every commercial district/business, the rewording of Section 1 of the Ordinance or deletion, and Section 2, (7)(a), verification of "any noncommercial use of such truck-tractors...", outside storage, increasing fence height to provide aesthetics, azchitectural embellishment to the walls, lot coverage/landscaping, future review of landscaping requirements, definition of special uses, vesting of land or ownership in industrial zones, and affect on current owners. Director GIDLEY stated that these changes will not affect the current business/land owners with the exception of semi truck/trailers, vacant land development, and substantial expansion. Chairperson WILLIAMS swore in the following meeting attendants: Evan Asby, 8414 W. 87th Way, Arvada. He felt that dealing with a City that is consistently undergoing change is very difficult. However, those that are in an industrial area, know they are • in such an area. He believes that in these areas that storage is necessary. However, he questions the need to screen everything in these areas and objects to a 10 foot high wall. He feels there is nothing to be ashamed about regarding visual impact of industrial areas and used his dislike of the train's boxcars as his comparison for the need of screening. He likes landscaping between zones. However, he disagrees with an industrial area that requires so much landscaping. John Silveson, 12300 W. 49th Place. Mr. Silveson stated he felt the ordinances were appropriate and no longer felt there was a threat to his business even though there may be some things yet to be resolved such as the time limit trucks could be parked. Deliveries were questioned and Director GIDLEY stated that it was directed at drivers who come in later and sleep vs length of time it takes to make a delivery. He questioned special uses and how they applied to his properties. Director GIDLEY stated that planned industrial zoned property does not apply. Sharon Peterson, 12360 W. 49th Avenue. She felt that the truck parking restriction should be reconsidered. She also felt that the outside storage areas in an industrial area, which is not visible from the street, should not have to be screened. Jim Oglevie, P.O. Box 2808511, Wheat Ridge. He stated that notifications should be sent out any time this subject is going to be discussed. He also questioned the fencing requirements which Director GIDLEY clarified for him as well as permitted uses. He questioned the fencing requirements which Director GIDLEY clarified for him. • Planning Commission Minutes • June 5, 1997 Page 8 Jackie Oglevie, P.O. Box 2808511, Wheat Ridge. Her concerns were regarding if any of their tenants would have to secure a new permit should they buy the building and notification requirements. She was advised by Director GIDLEY that the purchasers would not need a new permit and that they would only have to change the business license. Director GIDLEY clarified that there are no guarantees that notifications would be made regarding changes and that all public hearings are published. The following motions were made by Commissioner SNOW, seconded by Commissioner SHOCKLEY: "That Council Bill Exhibit `A' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailers upon property located within Commercial and Industrial zone districts, be forwarded to the City Council with a recommendation of APPROVAL with a request of the Staff to further define the phrase "any noncommercial use" and that Paragraph 8 be deleted." Motioned carried 7-1 with Commissioner CERVENY voting no. • "That Council Bill Exhibit `B' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 8-0. "That Council Bill Exhibit `C' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscape requirements within the Light Industrial (I} zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 6-2 with Commissioners THOMPSON and CERVENY voting no. "That Council Bill Exhibit `D' regarding: An Ordinance amending the Zoning Code of the Wheat Ridge Code of Laws, pertaining to Special Uses be forwarded to the City Council with a recommendation of APPROVAL with the following changes: 1. That Item `B' remain as it was with no changes Z. That Item `B' (1) last sentence be changed to: `Approval of these special use permits shall become a vested property right which may transfer with the land or lease, subject to compliance with the conditions of approval.' • 3. That Item `B' (2) first sentence be changed to: `This category of special use is less Planning Commission Minutes • June 5, 1997 Page 9 dependent upon unique site and/or building site and/or building improvements to accommodate the use but is highly dependent upon proper management to ensure that operational aspects of the use..." Motion tamed 5-3 with Commissioners CERVENY, BRINKMAN, and GRIFFITH voting no. D. Case No. 70A-97-2: An application by the City of Wheat Ridge for approval of an amendment to Section 26-30(T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities. Commissioner SNOW motioned, Commissioner RASPLICICA seconded, "that Case No. ZOA- 97-2 and application by the City of Wheat Ridge for approval of an amendment to Section 26-30 (T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities be forwarded to the City Council with a recommendation fot APPROVAL." Motioned carried 8-0. 8. CLOSE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS Commissioner THOMPSON suggested reviewing the horsepower standards and high tech businesses. She felt many may have a low impact on the area and she would like to know whether or not these uses should be allowed in commercial areas. She stated she would like other cities to be polled, review of their rational, and what high tech businesses entail. A motion was made by Commissioner THOMPSON, seconded by Commissioner CERVENY to review these items. Motioned carried 8-0. Commissioner CERVENY requested copies of CPRC Minutes and Neighborhood Meeting comments. Commissioner SNOW provided Commissioner CERVENY with an update of what has been happening. Minutes aze currently being sent to the Ce*^*^~~~ion and City Council, however, there was discussion by the Commission to take time to discuss them during Commission Study Sessions. In addition, Commissioner CERVENY requested copies of information from the neighborhood meetings and goals and objectives. Commissioner CERVENY stated concerns regarding the CPRC regarding dissemination of information, and ability to reach consensus on various items. Commissioner SNOW stated that she did not receive the agenda for the week in question and therefore could not approve or change it. She stated that • the Committee thought they were going to present the density issue and Staff thought they were Planning Commission Minutes June 5, 1997 Page 10 discussing issues on the agenda. She felt that if the agenda would have been sent to her, the meeting would have been less confusing. Commissioner SNOW expressed her feelings regarding this meeting as well as follow-up issues. Commissioner CERVENY expressed his concerns regarding the citizenry having distress with government because they do not have a chance to be fully aware of what is happening in the City. He wants to be aware of what is going on with the CPRC and specifically the density issues so that he may have all information available to make viable decisions. The Recording Secretary will prepare notebooks of CPRC Minutes for all Commissioners. 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT Meeting was adjourned at 12:45 p.m. by con~sus. ~~ • Marilylii Gunn,`~Recgl!~g Secretary The next meeting will be held June 19, 1997. ((// •