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HomeMy WebLinkAbout12/06/2001 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 6, 2001 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair THOMPSON at 7:30 p.m., December 6,2001, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinkman Jerry Collins Paulette Cooper Marian McNamee Nancy Snow Janice Thompson Commissioner Members Absent: Philip Plummer Paula Weisz Staff Members Present: Alan White, Planning Director Jerry Dahl, City Attorney Meredith Reckert, Sr. Planner Mary Austin, Planner Bob Goebel, Public Works Director Mike Garcia, Development Review Engineer Steve Nguyen, Traffic Engineer Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of December 6, 200 l. A set of these minutes is retained both in the office ofthe City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner COLLINS and seconded by Commissioner McNAMEE to take a vote at 11:00 p.m. to decide whether or not to proceed with or continue the meeting. The motion passed 6-0 with Commissioners PLUMMER and WEISZ absent. It was moved by Commissioner BRINKMAN and seconded by Commissioner SNOW to approve the order of the agenda as presented. The motion passed 6-0 with Commissioners PLUMMER and WEISZ absent. Planning Commission December 6, 2001 Page 1 5. APPROVE MINUTES It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve the minutes of November 15, 2001 as presented. The motion passed 5-0 with Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. MS-OI-03: Reconsideration of condition of approval of Scott Subdivision. Commissioner BRINKMAN questioned whether or not she would be able to vote on this case since she was absent during the original hearing. Jerry Dahl stated that she would not be able to vote on this case. Jerry Dahl presented this matter. This case was approved at the November 15, 2001 Planning Commission hearing with a condition to "require the developer to pay for paving half of Iris Street abutting the subdivision." Mr. Dahl was ofthe opinion that this condition could not be imposed. The developer of the adjacent subdivision is already responsible for construction of the entire length and width of Iris Court and the City does not have any cost recovery legislation in Chapter 26. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE that the Planning Commission reconsider Case No. MS-OI-03 for the limited purpose of deleting the condition requiring the cost sharing of the construction ofIris Court. The motion passed 4-1-1 with Commissioner SNOW voting no, Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to approve Case No. MS-OI-03 with all conditions previously stated with the exception ofthe cost sharing condition. Commissioner SNOW stated she would not support the motion because, in the past, when . developers have built simultaneously (as in this situation) both developers have been required to share the cost of the street. A vote was taken on the motion which passed 3-2-1 with Commissioners SNOW and COLLINS voting no, Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. B. Case No. WZ-00-09 (continued from October 4, 2001): An application by John Elway Autonation for approval of a preliminary and final development plan and final plat for property zoned Planned Commercial Development (PCD) and located at 3501 Wadsworth Boulevard for the purpose of operating an automotive dealership. Planning Commission December 6, 2001 Page 2 Alan White stated that staff recommended continuance of this case because approval by the Colorado Department of Transportation has not yet been received. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case WZ-00-09 be continued with the date to be set by staff after information from CDOT has been received, and that proper notice and posting procedures for the meeting be followed. The motion passed 6-0 with Commissioners PLUMMER and WEISZ absent. Commissioner SNOW expressed appreciation for the back-up material on this case and requested that information regarding another lawsuit with half of the Council against the other half ofthe Council as well as any pending legal actions be included in the packet for the next hearing of this case. Commissioner BRINKMAN advised those attending the hearing that the packet material regarding this case would be available for review in the Planning Department. Mr. Dahl referred to the code provision requiring the Commission to act within sixty days of the first hearing of a matter. Even though this matter has been continued and a hearing has not been opened, it would be advisable for the sixty-day time period to begin this evening if the applicant's attorney concurs. Commissioner COLLINS asked what would happen if, at the end of sixty days, the CDOT information is still not available. Mr. Dahl advised that the applicant would be given a choice to waive the sixty-day period or have the case heard without the CDOT information. Richard Scheurer 143 Union Boulevard #165 Lakewood, CO Mr. Scheurer, attorney for the applicant, agreed that the sixty-day period should begin today, December 6, 2001, with the understanding that a continuance may be requested if CDOT information is not available at the end of the sixty days. (Chair THOMPSON declared a brief recess at 7:58 p.m. to allow the council chambers to be cleared. The meeting was reconvened at 8:02 p.m.) C. Case No. WZ-OI-03: An application submitted by James Turgeon and Lynn Fightmaster, et ai, to remove a zoning condition placed pursuant to Ordinance No. 443, Case No. WZ-80-28, which states that prior to issuance of any building permits for new construction, the subject property legally described below shall be platted. Subject properties are located at 4455 Simms Street, 11680 and 11690 West 46th Avenue, and 11641 and 11661 West 44th Avenue. D. Case No. WZ-OI-04: An application submitted by Dan Turgeon and James Turgeon for approval of a rezoning from Residential-Three (R-3) to Residential-Two (R-2) for properties located south of 11680 and 11690 West 46th Avenue. Page 3 Planning Commission December 6, 2001 E. Case No. WS-OI-02: An application submitted by Dan Turgeon and James Turgeon for approval of combined six-lot preliminary subdivision plan and final subdivision plat for properties zoned Residential-Two (R-2) and Residential-Three (R-3) and located at th . 11680 and 11690 Wet 46 Avenue. Cases No. WZ-OI-03, WZ-OI-04, and WS-OI-02 were presented by Meredith Reckert. She reviewed the staff reports, entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. Slides and overheads of the subject property were presented. Staff recommended approval of the cases for the reasons and with conditions outlined in the staff report. Commissioner BRINKMAN wanted to know what would happen if soils testing revealed that the retention pond would compromise the structures. Mike Garcia replied that the engineer of record would have several options to address such a situation. However, if the problem could not be solved, permits would not be issued. Commissioner SNOW asked if there would be a homeowners association who would be responsible for maintenance of drainage structures. Bob Goebel explained that owners of those properties containing drainage easements would be responsible for maintenance. In response to a question from Commissioner BRINKMAN, Meredith Reckert stated that land dedication in this case would be too small for a park and the Parks and Recreation Director indicated that cash-in-lieu of dedication would be requested. James Henry 200 Union, Suite G-16 Lakewood Mr. Henry, attorney for the Fightmaster's, was sworn in by Chair THOMPSON. He appeared in regard to Case No. WZ-OI-03. He stated that the Fightmaster's joined in the application because they wanted to have the condition released on the five acres which would be of benefit to the Turgeon's. They have no current plans to develop their three parcels. In answer to a question from Commissioner SNOW, Mr. Henry stated that he believed one of the parcels is still for sale. James Turgeon 706 Elm Circle, Golden Mr. Turgeon, the applicant, was sworn in by Chair THOMPSON. He stated that, through neighborhood meetings, a solution was reached regarding traffic and density concerns. He stated that all requirements have been met and he requested approval of the application. In response to a question from Commissioner SNOW, Mr. Turgeon stated that he did not plan to sell his lots at this time; however, he plans to build on the lots at some time in the future. In regard to detention pond maintenance, he stated that each property owner would be responsible for maintenance of ponds on their property. Bob Goebel commented that if detention ponds are not properly mowed and maintained, code enforcement procedures could be initiated. Chair THOMPSON invited testimony from members of the audience. Planning Commission December 6, 2001 Page 4 Kim Stewart 11700 and 11710 West 46th Avenue Ms. Stewart was sworn in by Chair THOMPSON. She spoke in favor ofthe applications. She requested approval of the third speed bump on West 46th Avenue east of the West 46th/Swadley intersection. Herb and Glendeen Fightmaster Herb and Glendeen did not wish to speak before the Commission but indicated they were in favor ofthe applications. Dan Turgeon Dan Turgeon did not wish to speak before the Commission but indicated he was in favor of the applications. Chair THOMPSON asked ifthere were others present who wished to address the applications. Hearing no response, she declared the public hearing to be closed. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to approve Case No. WZ-OI-03, a request for approval of removal ofa zoning condition placed pursuant to Ordinance No. 443, Case No. WZ-80-28, specifically the requirement for platting of the entire property, for the following reasons: 1. Removal of the 1980 condition will allow the vacant portion of the Turgeon property to be rezoned from R-3 to R-2. 2. The neighborhood is generally in support of removal of the condition with the proposed downzoning and platting for duplexes. 3. It is no longer city policy to pursue a north/south connection between West 32nd Avenue and 1-70. With the following condition: 1. The removal ofthe 1980 condition be effective only upon approval of Case No. WZ-OI-04, the rezoning from R-3 to R-2 on vacant property south of 11680 and 11690 West 46th Avenue. The motion passed 6-0, with Commissioners PLUMMER and WEISZ absent. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW to approve Case No. WZ-OI-04, a request for approval of zone change from Residential- Three to Residential-Two for vacant property located south of 11680 and 11690 West 46th Avenue for the following reasons: 1. The rezoning to R-2 is generally consistent with land use and zoning in the vicinity. 2. It is closer to conformance with the land use designation specified in the Comprehensive Plan than the existing R-3 zoning. 3. The neighborhood is generally in support of it with the proposed platting for duplexes. Planning Commission December 6, 2001 Page 5 The motion passed 6-0, with Commissioners PLUMMER and WEISZ absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve Case No. WS-OI-02, a request for approval of a six-lot combined preliminary and final subdivision ~lat for Residential-Three and Residential-Two zoned property located at 11680 West 46t Avenue, 11690 West 46th Avenue and the vacant property located south of 11680 and 11690 West 46th Avenue for the following reasons: 1. All minimum standards ofthe R-2 and R-3 regulations have been met or exceeded. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. "Amendment No. I" be removed from the title ofthe recordable document. 2. Prior to issuance of building permits, soils tests be performed to ensure that the retention pond will not compromise structures bordering the pond. A letter will be required to be submitted to the Public Works Department from the soils engineer stating such. 3. The developers will be responsible for installation of speed bumps with a strong recommendation to the City Council to approve all three speed bumps requested by the neighbors. 4. The developers will be responsible for cash payment in lieu of parkland dedication for parks and recreation purposes. 5. No fencing be allowed to encroach upon the detention pond that is part oflots three and four. The motion passed 6-0, with Commissioners PLUMMER and WEISZ absent. (Chair THOMPSON declared a recess at 9: 10 p.m. The meeting was reconvened at 9:25 p.m.) F. Case No. WZ-OO-12: An application submitted by Skitzo Offshore LLC dba Trailer Source for approval of a rezoning from Agricultural-One (A-I) and Planned Commercial Development (PCD) to Planned Commercial Development (PCD) and for approval of an outline development plan. Said properties are located at 4651 Tabor Street, north of 4651 and 4601 Tabor Street. This case was presented by Meredith Reckert.She reviewed the staff report, entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. Slides and overheads of the subject property were presented. Staff recommended approval of the case for the reasons and with conditions outlined in the staff report. Commissioner SNOW expressed concern about access to the property and was surprised that the Highway Department once sold this piece of land and is now going to buy it back for ramps to 1-70. Alan White stated that the proposed ramps would not tie into Tabor Street which would remain in its current condition. The proposed ramps would replace those ramps presently in existence west of the truck stop. Planning Commission December 6, 2001 Page 6 Commissioner BRINKMAN asked ifthe 1500 separation between car and boat sales lots applied to this case. Meredith Reckert explained that this application was processed under the old regulations and therefore the separation rule does not apply. Chair THOMPSON did not want to see outside storage occurring adjacent to Tabor Street. She expressed concern about the urban renewal plan for this area and that the proposed ramps could take out a good portion of the applicant's property. Commissioner SNOW expressed concern that the application is not in keeping with the urban renewal plan. Dick Scheurer 143 Union Boulevard, Suite #625 Lakewood Mr. Scheurer, attorney for the applicant, was sworn in by Chair THOMPSON. He introduced the owners, J. R. Blumenthal, Gail Blumenthal and Jim Blumenthal. Mr. Lister, consulting engineer for the applicant, was also present. Mr. Scheurer stated that he is in concurrence with most of the staffs comments. In regard to the urban renewal plan, he stated that the applicant is well aware ofthe urban renewal designation for this area and that during the public hearing before City Council, staff indicated there were no projects planned for the subject area. In answer to Mr. Scheurer's question of whether the urban renewal plan would be used to evaluate applications already in process with the city, the City Council responded that the purpose of adopting the urban renewal plan was to give the city tools it needs for future development, but that the plan would not be used as criteria in determining merits of applications in process. He stated that he also understood that the interchange near 1-70 and Ward Road is not even in CDOT's five-year funding plan. Mr. Scheurer requested that hours of operation be extended from 7:00 a.m. to 9:00 p.m. to allow customers to drop off vehicles before and after work. Regarding signage, the applicant would desire to have lighted signage facing 1-70 during non-business hours. This signage would not affect adjacent neighbors. He also stated that previous concerns about semi's backing out onto Tabor would be alleviated with this plan which would allow semi's to drive through the property thereby eliminating the necessity of backing out onto Tabor or parking on Tabor Street. The proposed plan is a result of many meetings between the applicant and adjacent neighbors. James R. (J.R.) Blumenthal 5395 Easley Road, Golden Mr. Blumenthal, the applicant, was sworn in by Chair THOMPSON. In regard to concerns expressed about parking in landscaping areas, etc., he stated that the business has been growing to the point that parking has become an isslie. The proposed plan will provide adequate room for storage. He stated that he is optimistic thatCDOT will not be funding the I-70/Ward Road interchange for several years and he does not want to let the land sit idle during that time. Planning Commission December 6, 2001 Page 7 James R. (Jim) Blumenthal II 7048 Torrey St., Arvada Mr. Blumenthal, was sworn in by Chair THOMPSON. He stated that Trailer Source has improved a run-down area since taking ownership in 1995. Many hours have been spent consulting with city representatives and neighbors to arrive at the proposed application. Commissioner BRINKMAN asked about current hours of operation. Jim Blumenthal answered that hours are 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 p.m. to 3:00 p.m. on Saturday. In response to another question by Commissioner BRINKMAN, he stated that Trailer Source does not provide storage for boats other than those that are for sale. He further stated that approximately ten gallons of gasoline and a propane tank are stored in a locked area. It is necessary to go off-site to fuel a boat or vehicle for test driving. Commissioner COLLINS asked the applicant about vehicles parked in the landscaping area. Jim Blumenthal replied that there has been some dispute about parking vehicles in this area but the proposed plan would take care of the matter so there would be no parking violations. Commissioner SNOW inquired about truck sales. Jim Blumenthal stated that they typically purchase about two trucks a year which are customized to match horse trailers. They have sold less than ten trucks in the past five years and the trucks are stored in an indoor showroom. Commissioner COOPER asked ifthe applicant paints vehicles on the premises. Jim Blumenthal replied that they paint graphics on the vehicles, but no major painting is done. Chair THOMPSON stated that she does not want to see any outside storage adjacent to neighborhoods on the southern portion ofthe property. In answer to questions from Chair THOMPSON, Jim Blumenthal stated there would be no issue with restrictions on painting and body work, other than pounding out some dents. He also stated there is no reason to store semi's other than the one owned by Trailer Source. J.R. Blumenthal stated that the detention pond would be delineated with rocks to prevent parking in the detention area. Chair THOMPSON asked ifthere were others present who wished to address the Commission. At 11 :00 p.m., Chair THOMPSON asked if the Commission wished to continue the meeting. It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to continue the meeting. The motion passed unanimously. Kim Stewart 11700 and 11701 West 46th Avenue Ms. Stewart was sworn in by Chair THOMPSON. She stated that, as a result of many meetings between the neighbors and the applicant, her concerns regarding traffic safety have been satisfied. There is also assurance that the proposed development will not have an overwhelming negative impact on the neighbors' quality oflife. She spoke in favor of the Planning Commission December 6, 2001 Page 8 proposal. She asked for assurance that all permitted uses, similar uses and excluded uses be delineated in any approved plan. Richard E. Carson 11781 West 46th Avenue Mr. Carson was sworn in by Chair THOMPSON. He lives directly across the street from the proposed development. He spoke in favor of the application. J. R. Blumenthal returned to the podium to publicly thank Kim Stewart, Dick Scheurer and others involved in reaching this proposed solution. Chair THOMPSON asked if there were others present who wished to address the Commission on this matter. Hearing no response, she closed the public hearing. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to approve Case No. WZ-OO-12, a request to rezone property located at 4601 Tabor Street, 4651 Tabor Street and the property north of 4651 Tabor Street from Agricultural-One and Planned Commercial Development to Planned Commercial Development and for approval of an outline development plan for the following reasons: 1. Although the plan is not in conformance with the current Comprehensive Plan or the urban renewal plan, it seems the northern parcel is a logical extension of the existing use. 2. The zone change and subsequent development ofthe southern parcel as drawn on the proposed plan will provide a benefit to public safety by improving circulation on and off the site. 3. There may be economic benefits based on an increase in sales tax generated by the expansion. 4. There are other commercially zoned properties in the vicinity, therefore, spot zoning is not a concern. 5. The new outline plan clarifies and, in some cases, eliminates uses approved by the original zoning case. 6. This plan is a compromise between the owners ofthe property and the neighbors after considerable negotiation and represents compromises on both sides. With the following conditions: 1. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. 2. Any signage facing Tabor or south toward 44th Avenue shall remain unlighted when the business is not open. 3. All deliveries shall occur between the hours of8:00 a.m. and 6:00 p.m. 4. All servicing shall occur within an enclosed building. 5. No test driving shall occur on the property or on any adjacent streets. 6. Landscaping shall be changed back to 25% landscaping required on the previous plan. 7. No building or storage oftrailers, ATV's, jet skis or snowmobiles will be allowed on the eastern portion ofthe property now zoned agricultural, namely 4601 Tabor. Page 9 Planning Commission December 6, 2001 This property shall be used only as shown on the plan for access, employee parking and drives. 8. A change will be made so a maximum of ten passenger trucks per year may be sold and there shall be no sale of commercial trucks. 9. Number seven will have language added to exclude painting and body work. 10. No parking of semi trucks shall be allowed at any time except for one semi truck and trailer if owned by owners of the property. Commissioner COLLINS stated he would vote against the motion because the proposal does not fit the Comprehensive Plan and it will just add additional trailer sales in the area. Although it may improve delivery of the owner's supplies, that should not be up to the city to correct. The motion passed 4-2 with Commissioners COLLINS and BRINKMAN voting no and Commissioners PLUMMER and WEISZ absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner BRINKMAN and seconded by Commissioner McNAMEE to adjourn the meeting at 11:20 p.m. The motion passed unanimously. f2~/Y , Ann Lazzeri, R~ Planning Commission December 6, 2001 Page 10