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PLANNING COMMISS
Minutes of Meeting
August 7, 2008
ORIGINAL
1. CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Planning Commission was called to
order by Chair BRINKMAN at 7:05 p.m. in the City Council Chambers of the
Municipal Building, 7500 West 29t' Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present:
Anne Brinkman
Jim Chilvers
John Dwyer
Dick Matthews
Davis Reinhart
Steve Timms
Commission Members Absent:
Staff Members Present:
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF AGENDA
Jerry Scemey
Kim Stewart
Meredith Reckert, Sr. Planner
Jeff Hirt, Planner II
Joyce Manwaring, Director of
Parks & Recreation
It was moved by Commissioner MATTHEWS and seconded by
Commissioner REINHART to approve the order of the agenda. The motion
passed 6-0.
5. APPROVAL OF MINUTES - July 17, 2008
It was moved by Commissioner DWYER and seconded by Commissioner
MATTHEWS to approve the minutes of July 17, 2008 as presented. The
motion passed 5-0 with Commissioner REINHART abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
There was no one to address the Commission at this time.
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August 7, 2008
7. PUBLIC HEARING
A. Case No. WZ-08-04: An application filed by Design Concepts for the
City of Wheat Ridge Parks & Recreation Department for approval of a
change of zoning conditions, approved pursuant to Case No. WZ-82-15, to
allow a park and approval of an amended outline development plan for
property zoned Planned Commercial Development (PCD) and located at
3700 Kipling Street.
The case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Commission there was jurisdiction to
hear the case. She reviewed the staff report and digital presentation. Staff
recommended approval for reasons, and with conditions, as outlined in the staff
report.
Commissioner MATTHEWS asked if 35`h Avenue would be straightened out to
align with 35`h Avenue on the west side of Kipling. Ms. Reckert stated that public
works recommended alignment, but due to cost it will remain "as is".
Commissioner REINHART asked if there was an alternative option to have these
decisions made administratively under park zoning. Ms. Reckert explained that it
was considered rezoning the property to PF (Public Facilities) but staff was more
comfortable going with this process because the plan would be recorded and
therefore more of a permanent document as an assurance to the neighborhood.
Commissioner CHILVERS commented that he would like to approve zoning for a
park but had questions about the design.
Commissioner DWYER commented that it seems out of the Commission's prevue
to make comments on the design of a park.
Commissioner BRINKMAN asked why commercial uses were dropped from the
plan. Ms. Reckert stated that it is an assurance to the neighborhood that the land
will be developed into a park. She believed there was allowance for support uses
such as bike rentals or farmers markets.
Commissioner BRINKMAN asked if the entire path meets ADA requirements.
Ms. Reckert explained there is a portion of the path that does not meet the
requirements because of the grade.
In response to a question from Commissioner DWYER, Ms. Reckert explained
that the subject property was excluded from the blight study.
Joyce Manwaring
Director of Parks & Recreation.
Ms. Manwaring summarized the process which led to the subject application. The
1992 Parks Master Plan identified this neighborhood as underserved regarding
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August 7, 2008
park facilities. The City purchased the subject parcel in 2000 with Jefferson
County Open Space funds to meet that need. The master plan was redone in 2006
and again identified this neighborhood as underserved. There is no design
process for parks in the city code. The Outline Development Plan (ODP) process
is more comprehensive than a simple zoning change. With the history and
controversy surrounding this property, it was decided the ODP process would best
serve the community. Regarding commercial uses, Jefferson County Open Space
policies generally do not allow commercial activity for private profit in open
space. The ODP language would allow for supplemental uses such as bike
rentals.
Ms. Manwaring explained that disposal of the park property associated with the
Apple Ridge Caf6 will allow for current and future development on the site. This
will require approval by City Council and Open Space.
In response to a question from Commissioner REINHART, Ms. Manwaring stated
that, up to this time, she has not gone through an ODP process to develop a park.
Commissioner MATTHEWS asked if plans for a dog park had been excluded
from the plan. Ms. Manwaring replied that, through the public input process, it
was decided this was not a good use for this park.
Commissioner REINHART asked if it would be necessary to rezone the property
if park uses changed.such as adding or eliminating a skate board area. Ms.
Reckert explained there is flexibility to make such changes.
Commissioner CHILVERS asked if neighborhood parking had been resolved.
Ms. Manwaring stated that she was assured those issues had been satisfactorily
resolved.
In response to a question from Commissioner DWYER, Ms. Manwaring
explained that the final design concept was chosen as a result of neighborhood,
City Council and Park Commission input.
Commissioner TIMMS asked when construction would begin. Ms. Manwaring
replied that, if the concept plan is approved and staff is given direction to move
forward, construction contracts would be solicited. Whether or not construction
will be phased will depend on budget appropriations.
Commissioner BRINKMAN asked if revenue generating uses such as batting
cages, etc. were considered in design of the park. Ms. Manwaring stated these
types of uses were considered and cost analyses were done, but were not made
part of the Master Plan. She also stated that a maintenance budget has not yet
been developed.
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August 7, 2008
In response to a question from Commissioner BRINKMAN, Ms. Manwaring
stated that parking will be allowed on 35 h Avenue and Johnson Street. She also
explained that 75% of any revenue from the sale of the Apple Ridge Cafe portion
of the property would be returned to Open Space and the remaining 25% would
come back to the City for reinvestment in open space.
Eric Spring
Design Concepts
Mr. Spring, landscape architect for the park reviewed the design for the park.
Commissioner DWYER asked if a 2% grade would allow the field to be used for
organized sports. Mr. Spring replied that 2% is the maximum allowed for a sports
field. He believed the field would be playable.
In response to questions from Commissioner BRINKMAN, Mr. Spring explained
that he tried not to duplicate any uses available at other parks in the area. He also
stated that the planned skate park is larger than the one at Anderson Park. He
explained that in the original sketches, all walks were ADA accessible but
changes had to be made due to right-of-way issues. Therefore, there is a portion
of the walks that will not be ADA accessible.
In response to a question from Commissioner DWYER, Ms. Manwaring stated
that it is not planned to keep the skate park at Anderson Park.
Dalmon Larson
9940 West 35th Avenue
Mr. Larson stated that he was not opposed to the zoning but wanted to know what
assurances the neighborhood has that the proposed zoning change for park use is
not a temporary change. He also wanted clarification about the parking space
issue for the south side of the proposed park. He expressed concern that the
neighborhood was not aware of the skate board component of the park before it
was approved. He stated that he wanted the park to be created with the best
expertise available. He was pleased with the efforts of Design Concepts but felt
they were being forced into including the skate board park feature.
Ms. Reckert spoke to the parking issue on 35th. The city does not allow head-in
parking anywhere because backing directly out into traffic is an unsafe situation.
That is why the change was made to parallel parking.
Douglas Linder
3610 Johnson Street
Mr. Linder stated that he bought his house because he knew there would be a park
there some day. He stated that he was happy with the design of the park. He had
no opinion one way or the other concerning the skate board park. He was
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August 7, 2008
opposed to any commercial use in the park. He would like to see trees planted in
the park that would not grow so tall that they would block views.
There was no one else to address the Commission at this time. The public
comment portion of the meeting was closed.
Commissioner REINHART stated that he thinks this matter is a misuse of the
zoning code and it is not the business of the Planning Commission to pass
judgment on the design or contents of a city park. He stated he was in favor of
the zoning for open space because the neighborhood wants it, but an ODP is the
wrong tool for the job and he planned to vote for denial.
Commissioner BRINKMAN stated that she was also leaning toward denial based
on the facts stated by Commissioner REINHART. She stated her understanding
that the neighbors want a park and times have changed since 1982 when citizens
voted to zone this land Planned Commercial Development; however, the city is
starved for commercial development and there is a park between 26`h and 32nd and
another soccer field is located a couple of blocks away.
It was moved by Commissioner REINHART and seconded by Commissioner
DWYER to recommend denial of Case No. WZ-08-04, a request for approval
of a change in zoning conditions approved pursuant to Case No. WZ-82-15
and for an amended Outline Development Plan for property at 3700 Kipling
Street for the following reason:
1. The Outline Development Plan is not the appropriate tool to rezone
the site.
The motion failed by a vote of 2 to 4 with Commissioners CHILVERS,
DWYER, MATTHEWS and TIMMS voting no, and Commissioners
SCEZNEY and STEWART absent.
It was moved by Commissioner DWYER and seconded by Commissioner
TIMMS to recommend approval of Case No. WZ-08-04, a request for
approval of a change in zoning conditions approved pursuant to Case No.
WZ-82-15 and for an amended Outline Development Plan for property
located at 3700 Kipling Street for the following reasons:
1. The property was rezoned to Planned Commercial Development
pursuant to Case No. WZ-82-15.
2. A zone change process is required to modify zoning conditions.
3. The criteria used to evaluate a change in zoning conditions support
the request.
4. The proposal is consistent with the recommendations made in the
Parks and Recreation Master Plan.
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5. The Parks and Recreation Commission recommended approval of the
Master Plan.
With the following conditions:
1. A note be added on page 2 that up to 36,000 square feet of the site
may be used to support adjacent commercial development.
2. On Sheet 3, the "bulb" portion of the parking area be widened to
provide a drop-off area.
3. On Sheet 3, designate locations where parallel parking will be allowed
on West 35th Avenue and Johnson Street.
4. A note be added on page 5 that the designs shown are conceptual and
that the final structure designs will be determined at the time of Final
Development approval.
The motion passed 4-2 with Commissioners BRINKMAN and REINHART
voting no and Commissioners STEWART and SCEZNEY absent.
(Chair BRINKMAN declared a recess at 8:33 p.m. The meeting was reconvened
at 8:39 p.m.)
8. STUDY SESSION (continued from July 17, 2008)
A. Short Term Code Amendments
Jeff Hirt presented a brief summary of items discussed at the July 17, 2008 study
session. As a result of those discussions, an open house has been scheduled to be
held in the council chambers on August 21, 2008 from 6:30 to 8:30 p.m.
Planning Commissioners agreed they would like to participate in the open house.
9. OTHER ITEMS
A. State APA Conference
Meredith Reckert reminded Commissioners of the State APA Conference to be
held in Breckenridge September 10-13.
10. ADJOURNMENT
It was moved by Commissioner DWYER and seconded by Commissioner
REINHART to adjourn the meeting at 9:04 p.m. The motion passed
unanimously.
Anne Brinkman, Chair
Ann Lazzeri, Secret ry
Planning Commission
August 7, 2008
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