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HomeMy WebLinkAbout07/17/1997l MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION July 17, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on July 17, 1997 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: _ MEMBERS PRESENT: Anne Brnkm~n Harry Williams Jay Rasplicka Carl A. Cerveny -Excused Absence Nancy Snow (NOTE: Ms. Snow is excused from the meeting of 6/19/97 due to personal reasons.) Janice Thompson Thomas Shockley STAFF PRESENT: Meredith Reckert, Senior Planner _ Marilyn Gunn, Recording Secretary Planning & Development PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of July 17, 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 SNOW, seconded by Commissioner RASPLICICA, to accept the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES -June 19, 1997 A motion was made by Commissioner THOMPSON, seconded by Commissioner SHOCKLEY, to approve the Minutes as written. Motion carried 5-0 with Commissioner SNOW abstaining. s Planning Commission Minutes July 17, 1997 Page 2 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. WS-97-2: An application by Wallace Rice for Albert Family Trust for approval of a six (6) lot major subdivision on Residential-One zoned land located at 12355 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert presented an overview of this case to the Commission. She stated that this is a request by the owner to develop asix-lot subdivision with a vaziance. The property is 2.8 acres and currently has a single family residence on the property. The property is surrounded primarily by single family zones to the east and west, Residential-One A zoning to the south, and to the north Agricultural-Two zoning. Ms. Reckert provided an aerial photo to outline the property and buildings upon it and slides from various directions to provide views of the property. Ms. Reckert admitted into the record the subdivision regulations, zoning ordinance, case file and packet materials, and exhibits. Posting requirements have all been met. Ms. Reckert elaborated on the variance request, public improvements, and advised that all agencies can serve the property and the requirements designated by the agencies. Discussion was held regarding the current driveway variance pros and cons, set-back requirements, cul-de-sac parking, publicright-of--way, and dedication requirements of the City. Chairperson WILLIAMS swore in Wally Rice, 4618 Fig Street, Golden, 80403, who is the applicant. Mr. Rice stated he is trying to develop a small scale Class A subdivision to include only ranch style housing of 2,000 sq. ft. or larger. He presented an artist's rendering of the proposed subdivision. He stated that a brick wall would be constructed along 38th Avenue and would match the adjoining subdivision design. He elaborated on the need of the street variance and stated that the fire deparhnent prefers a straight street vs a curved one to accommodate the emergency access in addition to snow removal. He said that not granting the variance would have detrimental affects on the drainage report as well as other subdivision plans or requirements. The Comrission discussed the repercussions bf not granting the variance, the drainage report, landscaping, need of moving the street six feet to the east, existing sewer and water line easements, and negative impacts on the subdivision regarding the variance requirements. Planning Commission Minutes July 17, 1997 Page 3 Chairperson WILLIAMS swore in Kathy Nuanes, 3825 Urban Street. She pointed out on the overhead picture the location of her home and expressed concern regarding the notification from public works regarding the responsibility for installation of gutter, curb, sidewalk, street pavement and engineering expenses, etc.. She stated that when they had purchased the home they had never been advised of this responsibility and further stated that the letter received was actually addressed to the previous owner. She said that they were never asked to sign a bond regarding this issue at the time of closing on this home. Ms. Reckert stated that the property owner has been traditionally held responsible in the City of Wheat Ridge for public improvements in front of their house/business. She said that in the case where there may only be one or two houses in the azea, a development agreement is recorded on the title for current or future owners that a public improvement requirement was agreed to. She was encouraged to seek resolution from the realtor and title company that processed their purchase. Chairperson WILLIAMS swore in Barry Schafer, 3801 Urban Street. He questioned if he would be responsible for the brick wall or path. Ms. Reckert stated she was not sure what was entailed • in their development agreement but was sure that it included Urban Street in front of his home. She suggested negotiating with the developer. Discussion was held regarding development escrows, costs to homeowners with regard to Urban Street and 38th Avenue at time of improvements, and installation and costs of the subdivision wall. Ms. Reckert suggested that the citizens request a meeting with the Director of Public Works prior to 38th Avenue improvements and costs involved. Chairperson WILLIAMS swore in Duane Lebsack, 10900 W. 20th Avenue, Lakewood. He stated that the setback in Wheat Ridge as stated was 30 feet. However, he pointed out that the McLaughlin/Applewood area has setbacks of 20 feet which is only 2/1 Oths of a mile east. He didn't feel the 24 foot variance would be a unique situation. He further felt that it would be a significant deterrent from the subdivision and the marketing of it. Ms. Reckert clarified that the McLaughlin/Applewood Subdivision has R-lA zoning. The standard front yard setback for any property with a straight street in front of it is 30 feet, however, any properties that are on the eyebrow of a cul-de-sac can reduce their setback down to as small as 10 feet. Chairperson WILLIAMS swore in Dan Schneider, 2562 Taft Court, Lakewood, adjacent developer to the east. He stated he is in favor of the subdivision and feels it is a good use of the land. He was concerned regarding the 24 foot setback. After clarification from Ms. Reckert that there was only one lot affected, he stated he felt that the variance for one property was reasonable as long as the remaining lots the setback would be the standard 30 feet. He stated the other thing he was concerned about was the use of significant amounts of fill so drainage could run into the Planning Commission Minutes July 17, 1997 Page 4 retention pond and potential affects on his development. Mr. Schneider and the Commission were advised that the engineering drainage report did not reflect any future drainage problems. Further Ms. Reckert advised that the City has revised regulations to measure building height from the original grade to a maximum of 35 feet. Chairperson WILLIAMS advised Mr. Rice that he had already been sworn in. Mr. Rice stated that he has agreed to pay for the street in total and are asking the existing homeowners to pay for the curb, gutter and walk in front of their homes only. He said that he would pay for the brick wall or whatever treatment is necessary on 38th Avenue including the walking path. and the decel lane. He again stated that the homes in the subdivision would be restricted to ranch style houses. In addition, the approximate amount of fill is 6,000 cubic yards over the back two lots which amounts to approximately three to four feet depth fill at the most. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 W. 38th Avenue, be Approved for the following reasons: • 1. If condition 3 (specified below) is approved, all the lots will meet or exceed the R-I zone district standards. 2. With the same condition, all the requirements of the subdivision requirements will have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation with the City Arborist. 2. An eight foot wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. The road be redrawn so that there is a minimum of 30 feet between the street and all portions of the house. 4. The cul-de-sac is marked "no parking". 5. That there be an escrow account or improvement agreement for installation of the curb and gutter along West 38th Avenue when it is reconstructed. Discussion was held regarding the 30 foot setback requirement. It was the general consensus that not granting the variance and requiring the movement of the street six feet would be a hardship. Commissioner SNOW stated that she would vote no if the variance was granted. She stated that there aze a lot of nonconforming uses in the City and felt that it is disgraceful to encourage a developer to make a home nonconforming when it is so very easily solved to make it conforming. She felt that this adjustment should have been made prior to request of the subdivision. Commissioner THOMPSON asked if Staff could point out how changes could be Planning Commission Minutes N July 17, 1997 Page 5 made. Ms. Reckert stated that there is a lot of engineering involved and said that a transitional taper would have to be used. Commission SNO W stated that the case should be postponed. Ms. Reckert stated that ihere is a responsibility of Staff since the case was not published the way Commissioner SNOW stated and felt the case should move forward to City Council. Motion failed 4-2. (Commissioners WILLIAMS, THOMPSON, RASPLICKA, BRINKMAN voting against.) A motion was made by Commissioner RASPLICKA, seconded by Commissioner BRINKMAN, "that Case WS-97-2, a request for approval of a six-lot subdivision on R-1 zoned property located at 12355 W. 38th Avenue, be Approved for the following reasons: 1. All the lots will meet or exceed the R-1 zone district standazds. 2. All the requirements of the subdivision requirements will have been met. With the following conditions: 1. Existing mature trees on the property be saved with consultation with the City Arborist. N 2. An eight foot wide walking path and landscaping be installed along West 38th Avenue consistent with what occurred on the property to the east. 3. The 24 foot setback variance for Lot 6 be reviewed by City Council. 4. The cul-de-sac is marked "no parking". 5. That there be ati escrow account or improvement agreement for installation of the curb and gutter along West 38th Avenue when it is reconstructed. Motioned carried 4-2. (Commissioners SNOW and SHOCKLEY voting against.) B. Case W7-97-R: An application by Ronald C. Luke for Pasquale J. LoSasso and Pasyual D. Aiello for approval of a rezoning from Residential-Two to Planned Commercial Development and for approval of an outline development plan and a final development plan and plat with a variance for property located at 3470 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert provided an overview of this request and passed out a memorandum from the Bob Goebel, Public Works Director. The memo addressed questions posed by Commissioner BRINKMAN regarding fixture traffic circulation in this area. She stated that there has been some concern regarding trucks cutting through neighborhood east of Wadsworth. The Commission reviewed the memorandum. Ms. Reckert said that the land is vacant and showed an aerial . photograph and slides toseview the surrounding area. On April 1, 1997, approximately 16 Planning Commission Minutes • July 17, 1997 Page 6 residents attended a neighborhood meeting to discuss the potential development. Several questions were addressed including drainage, traffic, signs, type of business, vehicles making deliveries, etc.. General discussion occurred regarding the establishment being a low traffic generator, possibility of an additional traffic lane for accel or decel, access to Wadsworth, additional traffic signals, landscape coverage, drainage area, street widening, comprehensive plan inconsistency, building design, development constraints and surrounding land use. Chairperson WILLIAMS swore in Ronald Luke, 10748 E. Crestridge Circle, Englewood, 80111, applicant. Mr. Luke elaborated on the amount of expected traffic, number of employees, number of cosmetology classes to be held per month, expected number of deliveries per week (1), and parking. He fiu~ther stated that is additional space is taken from the lot for a rear alley connnection between 34th and 35th, it would not be economically feasible for the development of the property. Chairperson WILLIAMS swore in Patrick Nook, 12941 N. 2nd Street, Parker, architect. He • stated that there was a significant number of letters from adjoining property owners in support of the development. He stated that a fence would be installed at the reaz and further that the owner would comply with all the terms described by Ms. Reckert regarding the technical review and use restrictions. Chairperson WILLIAMS swore in Jason Rutt, 7385 W. Ohio, Lakewood, engineer for the drainage pond. He elaborated on the design of the drainage/detention pond which is located to the reaz of the property. He stated that this design will improve the overall drainage. He stated that the release rate is at the 5 year storm rate, however, the pond will release at the 100 year storm rate if necessary. He doesn't believe there will be any drainage problems for the surrounding areas. Chairperson WILLIAMS swore in Morlin Timberg, 7500 W. 35th Avenue. Mr. Timberg questioned the drainage of the pond. Mr. Rutt elaborated on the pond and drainage for Mr. Wineberg. Chairperson WILLIAMS swore in Mary Ann Burgess, 3425 Webster. Ms. Burgess supports the project and is happy that something is happening to what she considers aneye-sore. She further stated that there has always been a drainage problem with or without a building and feels this project may be helpful. She stated that traffic has been an on-going problem and that the area as a whole has deteriorated over the yeazs. She feels anything would improve it and as far as rezoning, she stated that no one would build a home on this land. She was asked by • Commissioner THOMPSON how she felt about closing 34th or 35th Avenue. She did not think Planning Commission Minutes July 17, 1997 Page 7 it was a very good idea. Chairperson WILLIAMS swore in James McCormick, 7550 W. 34th Avenue. Mr. McCormick supports the project. However, he is not in agreement with closing 34th Avenue and requiring an alley connection. He was asked by Commissioner BRINKMAN if he had concerns regarding drainage. He stated he has always had a drainage problems but felt that with the proper precautions it may help to alleviate the problem. Chairperson WILLIAMS swore in Mel VanBuren, 7450 W. 35th Avenue. Mr. VanBuren is against the proposal because he believes it will flood his property. He was assured by the engineer that the detention pond would help alleviate some of the previous drainage problems. Chairperson WILLIAMS swore in Joe Malaney, 7510 W. 35th Avenue. Mr. Malaney approves of the development but does not think a loop to connect streets is necessary even if 34th and 35th Avenues were closed to through traffic. He also feels it is an eyesore and cannot imagine anyone wanting to live there. . Commissioner BRINKMAN motioned, seconded by Commissioner SNOW, "that Case No. WZ- 97-8, arequest for approval of a rezoning from Residential-Two to Planned Commercial Development and for approval of an outline development plan on property located at 3470 Wadsworth Boulevard, be Approved for the following reasons: 1. There are changed conditions in the area which have rendered the property undevelopable under the existing zoning. 2. This is a commercial zoning which will have minimal impact on the adjacent residential neighborhood due to use limitations and design parameters on the outline plan. 3. Staff recommends approval. With the following conditions: 1. The statement of allowed use be amended to limit use of the property to this specific proposal with the language on the plat that any change in use will require a rezoning action with the right of legal protest.. 2. The mhumum perimeter setbacks be modified so that the minimum front setback is 50 feet, side setbacks adjacent to the right-of--way be 30 feet and the rear setback be 20 feet. 3. Under "Proposed Architectural Character", the second sentence should read, "The building should be single story in height but not to exceed 26 feet. 4. The review by the Public Works Department of the drainage is found not to impact the • adjacent property owners and that drainage is no more than historic flow." Planning Commission Minutes July 17, 1997 Page 8 Motion carried 6-0. A motion was made by Commissioner BRINKMAN, seconded by Commissioner THOMPSON, "that the request for approval of a Planned Commercial Development final development plan for property located at 3470 Wadsworth Boulevard be Approved for the following reasons: 1. All minimum commercial development standards have been met or exceeded. 2. The proposed building is residential in character. 3. ,Staff recommends approval. With the following conditions: 1. A mountable island be shown on the east side of the curb cut to West 35th Avenue with signage of "No Right Turn". 2. Under the development standards, the area should be noted as being after right-of--way dedications. , 3. Under the same section, remove references to minimum front, side and rear setbacks,. . 4. Signature blocks for U.S. West Communications, Public Service Company, Director of Planning and Development, and the Public Works Director be removed. 5. The review by the Public Works Department of the drainage is found not to impact the adjacent property owners and that drainage is no more than historic flow." Motion carried 6-0. A motion was made by Commissioner BRINKMAN, seconded by Commissioner RASPLICKA, "that the request for approval of a consolidation plat for property located at 3470 Wadsworth Boulevard by Approved for the following reasons: 1. A plat is part of the submittal requirements for a Planned Commercial Development final development plan approval process. 2. The plat is required to consolidate two parcels into one parcel. 3. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. Add adjacent zoning. 2. Add existing lot lines. 3. The new lot be labeled Lot 1. 4. Signature blocks be added for U.S. West Communication, Public Service Company, Director of Planning and Development and the Public Works Director." Planning Commission Minutes July 17, 1997 Page 9 Motion can•ied 6-0. 8. CLOSE TAE PUBLIC HEARING 9. OLD BUSINESS Commissioner SNOW apologized for her absence at the previous meeting but due to a personal family illness, she was called away to the emergency. (Ms. Snow's absence has been corrected to excused.) She stated that she was very upset at seeing a lot of hard work by the Comprehensive Plan Review Committee (CPRC) shredded by the Planning Director. She asked that when the recommendations are presented to the Planning Commission that the Planning Commission respect that they are a lot of hazd work on the part of the CPRC. She asked of the Secretary if the Planning Commission had finally received the comments from all the neighborhood meetings. The Secretary advised that the blue books which were passed out at this meeting included all CPRC meeting minutes from the end of 1996, all neighborhood meeting notes/lists, and other pertinent information. She questioned if the Commission had received the • density recommendations as well. The Secretary advised that the information had been distributed prior, but would redistribute. Commissioner SNOW asked the Commission to read and review all information. She stated that she was very concerned about comments recorded at the previous meeting by the Director. Other members of the Commission stated they did not interpret the comments in the same way. Discussion took place regarding the interpretation of the Director's comments. Commissioner THOMPSON clarified the issue by stating that, along with other members, she felt that the Director was stating the Commission should not rubber stamp anything just because it came from Staff or a Committee. 10. NEW BUSINESS Commissioner THOMPSON will be absent at the next meeting of August 7, 1997. 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT Meeting was adjourned at 10:50 p.m. by consensus. • Planning Commission Minutes July 17, 1997 Page 10 Marilyn Gunn, Recording Secretary The next meeting will be held on 8/7/97.