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HomeMy WebLinkAbout11/20/1997~~ 2. MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION November 20, 1997 CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on November 20, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: STAFF PRESENT: Anne Brinkman Cazl A. Cerveny Jay Rasplicka Tom Shockley Nancy Snow Janice Thompson Harry Williams Alan White, Director of Planning Meredith Reckert, Senior Planner Sean McCartney, Planner Jenifer Roche, Assistant Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of November 20, 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 Alan White requested to add to the agenda, under discussion items, the reelection ofPlanning Commission Chairman and Vice Chairman. Commissioner THOMPSON requested to add to the agenda, under new items, the topic of billboards. A motion was made by Commissioner SNOW, seconded by Commissioner RASPLICKA to accept the order of the agenda as amended. The Committee agreed by consensus. APPROVAL OF MINUTES October 16, 1997 • APPROVAL OF MINUTES October 16, 1997 Commissioner SNOW motioned, Commissioner RASPLICKA seconded, to approve the Minutes as amended. Motion carried 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.) PUBLIC HEARING A. Case No. WV-97-3: An application by Chester L. Holstein for approval of a right-of- way vacation for a portion of W. 44th Place located adjacent to property addressed as 10911-10917 W. 44th Place. Ms. Reckert presented an overview of this case. She reviewed overheads and slides with the regulations, case files and packet materials/exhibits. Property was posted, published and sent certified mailers to adjacent property owners. The property is currently zoned Residential-Three and the current land use is Multi-family. Ms. Reckert stated that the property currently has afour-unit apartment building on the ast side which was built in 1955. Once the vacation and dedication occur, the applicant intends on ubdividing off the eastern portion which is vacant to create a separate buildable lot. Ms. Reckert iscussed that the actual r-o-w which is being vacated is located in the front yard of the property and does not include any of the physical improvements for West 45th Avenue. Ms. Reckert stated that there was a 30' survey error through out the area surrounding the old Fruitdale School(generally 44th Avenue to 46th Avenue from Parfet to Moore). Ms. Reckert mentioned that staff has neither the resources nor the authorization of City Council to correct this problem. Therefore, it is being addressed on a case-by- case basis initiated by individual property owners. The applicant in this situation believes it was a problem caused by the City and is, therefore, asking for a refund of his $100 filing fee. Ms. Reckert elaborated on the applicant's request. In conclusion, Ms. Reckert stated that staff recommends approval. Commissioner THOMPSON .asked if there was a dispute between the North/South property owners? Ms. Reckert answered no. Commissioner SNOW asked if the adjacent property owners were notified? Ms Reckert answered yes. Chairmen WILLIAMS swore in Chester Holstein, 3995 Easley Rd., Golden, CO. Mr. Holstein stated he has owned the property approximately 2 years. Commissioner SNOW asked Mr. Holstein if he had a survey done when he bought the property. He answered no. Commissioner SNOW asked "Why did Mr. Holstein feel that the City was at fault?" Mr. Holstein stated that it was a previous governmental agency's mistake and would appreciate a $100 filing fee returned to him. ~hairmen WILLIAMS swore in Mr. Courtland, 7575 W. 23rd Avenue. Mr. Courtland, the surveyor, xplained in greater detail the problems that Mr. Holstein is confronted with in respect to this particular ~roperty. A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, " I move that Case No. WV-97-3, a request for approval of aright-of--away vacation for property located adjacent to 1091.1-10917 West 44th place, be approved for the following reasons: 1. All posting and notification requirements have been met, 2. The vacation is needed to correct a survey problem started in the late 1800's, 3. It will allow street improvements to be located within officially dedicated right-of--way, 4. The evaluation criteria supports approval of the request, 5. It allows the applicant to have a clear title that is not clouded. with the following conditions: 1. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue, 2. Anon- exclusive utility easement be reserved over the entire portion being vacated." Motion carried 7-0. commissioner THOMPSON initiated discussions on the request for the $100 refund by the applicant. iscussions continued. Commissioner BRINKMAN made a motion, seconded by Commissioner CERVENY for approval to ask City Council to fund a Committee to correct the right -of--way, the property lines legal descriptions and to research and identify how broad the problem is that exists. Motion carried 7-0. A motion was made by Commissioner CERVENY, seconded by Commissioner BRINKMAN to approve, to the applicant, the request fora $100 filing fee refund. Motion carried 7-0 $. Case No. WV-97-4: An application by Russ and Jan Anderson to initiate vacation of an existing right-of--way, Marshall Street, and for approval of a I S' rear yard setback variance and a 32' separation variance. Commissioner CERVENY stated that he would abstain from this case due to outside involvements with the applicants. Mr. McCartney presented the new information pertaining to this case. He stated the the applicant is requesting for approval of aright-of--way vacation for an unused portion of Marshall Street rmuung ~etween interstate 70(south) and West 48th Avenue north), and approval of a 15' rear yard setback aziance to the 15' rear yard setback requirement and a 32' billboard separation variance, to the 600 • 4 •ninimum billboard separation requirement. The property is currently zoned Agricultural-one and Commercial-One and the current Land Use is vacant/ public right-of--way. Mr. McCartney pointed out that the applicant is not adding another billboard, just relocating it. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property (except for the removal of the three existing billboards, and the construction of one new billboard). He stated, if Case No. W V-97-4 is approved, it is recommended that the east half measuring 20' x 320' parcel of land be vested to the applicant, and that the entire property be reserved as a utility easement for the existing overhead power lines. Mr. McCartney stated that the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Mr. McCartney explained that adequate easements have been reserved for use or maintenance by the City and utility agencies. Bob Goebel, Director of Public Works, requested that the vacated parcel should be designated as a utility easement for the existing Fublic Service power poles. Future development on this site, as part of a larger parcel, would require approval of the utility company and compliance with the development standazds established in the Wheat Ridge Code of Laws. Mr. McCartney submitted into fhe record the subdivision regulations, zoning ordinance, case file and packet materials, and exhibits. Posting requirements have all been met. In conclusion, Mr. McCartney stated that staff recommends approval. Comrissioner SNO W asked if the applicant would be given all of the property? Mr. McCartney replied no, the property would be split down the middle. The DAV will get the West side and the Anderson's ill get the East side. Commissioner Snow asked, are there Federal regulations pertaining to billboards? Mr McCartney replied yes and stated that the applicant will be required to meet all the State regulations which requires a 500' separation between billboazds. Commissioner THOMPSON asked if the DAV objected to the billboard? Mr. McCartney answered no. Commissioner THOMPSON asked if it would be appropriate to add to the motion to allow no other billboards on this property. She also expressed concern with the trees on the property and the visual impact? Mr. McCartney stated that the City does not want the trees cut down because they do provide a sound barrier for I-70 and stated that there is no visual impact. Chairman WILLIAMS swore in John Bradley, applicant's attorney, 4704 Harlan Street, Lakeside. Mr Bradley thanked the Planning Commission for hearing this case again. He stated that the applicant is vacating 40' instead of the original request of 20'. Mr. Bradley explained that the moving of the billboard does not constitute a dramatic change to the area. He reminded the Commission that the applicant has met all State requirements and is in complete compliance with the City of Wheat Ridge. . He stated that the applicant concurred with all the recommendations and findings of staff. In conclusion, he reiterated, that this parcel will have no detrimental effects to the City or the Public. Commissioner SNOW asked, what are the City requirements? Mr. McCartney replied, 600' separation ~etween billboards. Mr. McCartney stated that the City's regulations were passed after the billboards ere placed on the property. (~ •A motion was made by Commissioner THOMPSON, seconded by Commissioner BRINKMAN " I move that Case No. WV-97-4, an application for approval of aright-of--way vacation of an unused portion of Marshall Street, approximately 6465 W. 48th Avenue, to be APPROVED for the following reasons: 1. The property is and always been unused for street or access purposes, 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 4. Staff recommends Approval. ' with the following condition; 1. Dedicate non-exclusive utility easement." Motion carried 6-0. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEI'. " I move that ase No. WV-97-4, the request for the 32' billboard separation variance, to the 600' minimum billboard eparation request, be approved for the following reasons: 1. The request wiII not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 2. There have been three existing billboards in this location for a number of years, 3. Approval of the variance will not alter the essential character of the locality, 4. Staff recommends approval, 5. The requirement for the separation was put into place after the billboard was first placed on the property. With the following condition: 1. No more than 1 billboard allowed on this property," Motion carved 6-0. A motion was made by Commissioner BRINKMAN, seconded by Commissioner RASPLICKA, " I move that Case No. W V-97-4, the request for the I S' rear yard separation variance, to the 15' rear yard setback requirement, be approved for the following reasons: !. The proposed billboard will not be located near any existing buildings on adjacent properties, ~2. Approval of this variance will not alter the essential character of the locality, ~. Staff recommends approval." Motion cazried 5-1 with Commissioner SNOW voting no. Commissioner SNOW stated the reason for answering no because she does not feel that the Planning Commission should do anything to make it easier, for the public, to see billboards. C. Case Nn. W7,-97-14: An application by Lois J. Ficco for approval of a Planned Commercial Development final development plan and plat located at 6225 W. 48th Avenue. Ms. Reckert presented an overview of this case. She reviewed overheads and slides with the regulations, case files and packet materials/exhibits. Property was posted, published and sent certifed mailers to adjacent property owners. The property is currently zoned Planned Commercial Development and the current land use is Vacant. Ms. Reckert mentioned that the property was rezoned earlier this year from R-2 and C-1 with an outline development plan approval. Ms. Reckert stated that the applicant has proposed a final development showing three office/retail/storage buildings on the property containing around 45,000 square feet of building area or 34.4% coverage. Coverage for hard services and landscaping is 39.2 and 26,4%, respectively. These figures are consistent with underlying outline development plan. Ms. Reckert did point out that the majority of the landscaping is utilized as drainage ~ond detention, however, all minimum quantities for commercial landscaping have been met. Ms. eckert stated that all minimum requirements for a PCD final development plan have been met; All requirements of the subdivision Regulations have been met; Agency referrals have been considered and Bob Goebel, Director of Public Works, will speak later tonight on the process of reviewing a drainage report. Ms. Reckert stated that all requirements for a Planned Development final development plan and all minimum design parameters established at the outline development plan stage have been met. However, she pointed out that two conditions of the rezoning regarding landscaped screening and architectural materials being used have not. In conclusion, Ms. Reckert stated that the staff recommends approval with specific conditions. Chairmen WILLIAMS swore in Lou Ficco, 11315 W. 38th Avenue. Mr. Ficco explained the decision to not build the fence was due to the steep incline of the land. He stated his intentions were to not build the fence and to not have storage behind building `C', as originally discussed. Mr. Ficco stated that the architect he hired, recommended to keep the split-faced block design. Mr. Ficco explained to the Commission that he will maintain landscaping for the proposed development. Commissioner SNOW asked, why he is not planting trees in the back? Mr. Ficco stated that they will plant trees in the front but not in the back because nobody will see the trees in the back. Commissioner THOMPSON inquired about the proposed brick accents on the southern and western building and requested feedback from the Commission. Commissioner SHOCKLEY and Commissioner ~RINKMAN commented that they feel that the applicant is justified in not meeting that condition. • • ~A motion was made by Commissioner CERVENY, seconded by Commissioner RASPLICKA., " I move that Case No. WZ-97-14, a request for approval of a Planned Commercial Development Plan final development plan for property located at 6225 W. 48th Avenue, be approved for the following reasons: 1. Property is in the City of Wheat Ridge and all posting and notification requirements have been met, 1. Most requirements for PCD development plan have been met, 2. Most minimum design parameters established at the outline plan phase have been met, With the following conditions: 1. All mechanical equipment be screened from view, 2. The 6' fence will not be built, therefore, storage will not be allowed outside building C." Motion carried 6-1 with Commissioner SNOW voting no. Commissioner SNOW commented the reason for voting no was she felt that the Z conditions were reasonable and should have been met. A motion was made by Commissioner CERVENY, seconded by Commissioner RASPLICKA, "I move that the request for approval of a subdivision plat in conjunction with the submittal of a final development plan for property located at 6225 W. 48th Avenue, be approved for the following reasons: 1. Platting is a requirement of Section 26-25(V)(B)(3} of the Wheat Ridge Code of Laws, 2. A11 requirements of the Subdivision Regulations have been met, With the following condition: 1. The storm water detention easement north of Building C be shown." Discussion on previous motion took place. Commissioner RASPLICKA asked Mr. Goebel if the drainage had been reviewed or approved yet? Mr. Goebel commented that it was very close to being approved but one concern he had is the access to the rear detention pond around the building due to the steep slope in that area. He stated that the project will need to meet certain conditions for final review and approval by staff. Motion carried 7-0. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS ~0. NEW BUSINESS • s ~he new business was the re-election of Chairmen and a Vice Chairmen. Chairmen WILLIAMS stated that he has enjoyed being Chairmen and appreciated the opportunity to positively contribute to the City of Wheat Ridge. The fmal vote resulted in the new Chairmen position being appointed to Janice Thompson and the Vice- Chairmenposition being appointed to Anne Brinkman. Commissioner THOMPSON wanted to discuss the billboard ordinance. She would like to see the wording on billboard separation be reviewed and possibility revised. The Commission agreed by consensus to have staff deliver packets and if it is not possible to call the Commission and they will pick them up on their own. Commissioner SHOCKLEY stated if any Commissioner has a problem picking up packets, he would be more than happy to deliver the packets to them. 11. DISCUSSION AND DECISION ITEMS iscussion and review of Animal Regulations was open for comment. Ms. Reckert explained that the -eeping of large animals has been controversial topic in past and present. There has been sudden movement to see if the Planning Commission would review and revise the the regulations. The City of Wheat Ridge needs to figure out what direction the Planning Commission would like to proceed forward with. Ms. Reckert stated that they needed to decide what method or process they wanted to pursue for revisions on animal regulations. Louise Turner, 11256 W. 38th Avenue, citizen. She wanted to update the Planning Commission on the Animal Control Commissions involvement. Ms. Tumer stated that the Commission had come up with some recommendations for the Planning Commission to review. Discussion continued. The next meeting for the Animal Control Commission is in January and if the Planning Commission needs any information provided, Ms. Turner, would be happy to do that. Ms. Turner commented about the court throwing out two controversial cases because the wording of the law was to vague, particularly the nuisance law pertaining to livestock. Comrissioner BRINKMAN made some suggestions. The first suggestion was to research large animal regulations in Metro-wide. Secondly, suggested a field trip be done by the Planning Commission. Commissioner SNOW suggested that the Judge be involved in the current controversial case come to a Planning Commission meeting and discuss his interpretation of the animal regulations and law. ~'hairmen THOMPSON stated that even though a property owner has A-1 or A-2 zoning, they should be .required to have a minimum lot size to allow a certain number of animals on that property. The 9 .Commission requested that a study session be scheduled for January, 1998. A motion was made by Commissioner SNOW, seconded by Commissioner CERVENY, to schedule a study session for February, 1998, invite the Animal Control Commissioner, Code enforcement officer, and the judge who made the ruling Judge. Public comment would not be allowed. Mofion cazried 7-0. There was continued discussions on the proposed field trip. The Committee agreed that this would need to be on a Saturday. Ms. Reckert suggested that the staff put together a homework packet together for the Commission to review before the field trip. The Commission agreed by consensus to schedule a field trip. 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT The meeting was adjourned at 10:30 p.m. by consensus. n ~ ~~ 49+ ~ ~ Je r~e, Recording Secretary 0