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HomeMy WebLinkAbout06-07-181. 2. 3. 4. ,ice City of `7`Theat ge PLANNING COMMISSION Minutes of Meeting June 7, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:03 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam Emery Dorsey Daniel Larson Janet Leo Scott Ohm Vivian Vos Richard Peterson Amanda Weaver Kenneth Johnstone, Community Development Director Meredith Reckert, Senior Planner Zack Wallace Mendez, Planner II Jordan Jefferies, Civil Engineer Il Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES — May 17, 2018 It was moved by Commissioner LARSON and seconded by Commissioner VOS to approve the minutes of May 17, 2018, as written. Motion carried 6-0. Planning Commission Minutes June 7, 2018 -1— 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS -17-07: An application filed by Evergreen Devco for approval of a Major subdivision located west of Interstate 70, south of Highway 58 and north of approximately 33rd Avenue (Clear Creek Crossing). Mr. Wallace Mendez gave a short presentation regarding the Subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS asked if Coors will be involved in this subdivision/plat. Mr. Wallace Mendez explained that Coors does own property that is part of this subdivision, and so Coors is involved and added as a signatory. Mr. Wallace Mendez also noted that the Coors owned parcels were not part of the Clear Creek Crossing zone change that the Commissioners heard earlier in 2018. Commissioner Larson asked if there are other property owners besides Coors. Mr. Wallace Mendez said the other owners are Evergreen Devco and Broken Arrow 3, LLC who are partners on this development. It was moved by Commissioner OHM and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS -17-07 a request for approval of a 13 -lot subdivision on property zoned Planned Commercial Development (PCD) and Planned Mixed Use Development (PMUD) located west of Interstate 70, south of Highway 58 and north of 33rd Avenue approximately, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 2. All minor corrections occur prior to the City Council public hearing. Planning Commission Minutes -2— June 2— June 7, 2018 Motion carried 6-0. B. Two applications filed by Squareroot, Inc., Case No. WZ-17-07 a request for approval of a Specific Development Plan (SDP) for 9 cottage style duplexes and single family homes and Case No. WS -17-04 a request for approval of a 9 -lot subdivision for property located at 2826 Eaton Street. Mr. Wallace Mendez gave a short presentation regarding the SDP, subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM asked if there is a photometric plan for this development to make sure that there is no light spillage. Mr. Wallace Mendez explained that a photometric plan is not required for single- family homes or duplexes. Commissioner OHM asked if there will be any new street lighting. Mr. Jefferies stated there will be no new street lighting installed Commissioner OHM feels that the landscape plan is incomplete and hard to read. Andrew Gibson, Squareroot, Inc. 4250 Urban Street, Denver Mr. Gibson explained he was not aware that a photometric plan was required. He added there will be some lighting around the parking structure and there will be individual porch lights on the single family homes and duplexes. Curtis Sterns Mr. Sterns added there will be not be any pole lights so a photometric plan was not required. He also addressed the landscape plan and explained that they only added the quantity and size of plants that will be in the public areas and right-of-way. It will be up to each home owner as to what kind of tree/plant they want on their property. Commissioner VOS said she was disappointed to see the current home that is on the site will be demolished and asked if the new homes and duplexes will be for sale or rent. Mr. Gibson said they will be for sale at market value. Planning Commission Minutes -3— June 3— June 7, 2018 Mr. Larson asked if there will be an HOA covenant. Mr. Gibson concurred. Steven Pflug, resident 204 Eaton Street Mr. Pflug mentioned his only concern is parking; he feels that 1.5 per unit is inadequate. He also said there are concerns about the parking bump outs along Eaton Street and asked if the tree closest to the street will be lost. He finished by saying he is excited about the project. Mr. Stern said the bump out on Eaton Street will go around the large tree and it will be saved. Noble Harrison, resident 2855 Eaton Street Mr. Harrison also said he had concerns about parking and traffic in the neighborhood. Mary McNamee, resident 2855 Eaton Ms. McNamee has concerns about construction traffic and feels there needs to be parking mitigation with the City. Janet Ryan, resident 2825 Depew Street Ms. Ryan asked if the power will continue to be overhead or if it will be buried. Staff responded to the resident's concerns: • Parking on and off street. The Commissioners also inquired what the typical parking ratio is for single-family homes. Mr. Wallace Mendez explained that the Code of Laws requires, for single- family and duplex development, four off-street spaces if there is no on - street parking available, and 2 off-street spaces if on -street parking is available. He added that Council approved the 1.5 parking spaces per unit when the Outline Development Plan was approved, and as such this overrides the Code of Laws. Mr. Wallace Mendez noted that 14 off-street spaces are required for this development and 15 are being provided. Additionally, the developers will be formalizing 5 on -street parking spaces along the Eaton Street frontage. Planning Commission Minutes -4— June 4— June 7, 2018 Regarding the bulb outs on the street, will the bulbs outs go into the street. Mr. Wallace Mendez explained Eaton Street will not be narrowed with the bump outs, the additional portion for on street parking will be put in towards the property in an area which currently looks like front yard, but actually is located within the City's right-of-way. • Construction traffic Mr. Jefferies said he will have a discussion with the Public Works department to make sure it flows smoothly. • Electricity overhead or buried Mr. Gibson explained the service for the Depew Street homes will stay in place overhead and the new service for Eaton Street Cottages will be buried and electrical pedestals will be put in place. Mr. Gibson also addressed some of the earlier concerns. Regarding construction traffic, Mr. Gibson said that because this development is small, construction vehicles to this site will be minimal. He also explained that because this is a pocket neighborhood, parking is a common concern and these homes and duplexes are small so there may not be as many cars owned by the home owners. Also, this development is close to a lot of amenities which are in walking or bike riding distance. Commissioner LARSON asked how long this site will take to develop Mr. Gibson said they are estimating one year. Commissioner Leo asked if any cars will be parked adjacent to the homes or duplexes and where will guest parking be located. Mr. Gibson said there will be no cars parked adjacent to the homes as all parking occurs in the shared parking lot. Guests will park on the street. Commissioner VOS asked if the existing homes on Eaton Street have garages to park in and how many spaces are being provided to park in where the bulb outs will be located. Mr. Gibson said the current residents on Eaton Street, park both on the street and on their properties and the two bulb outs will provide a total of 5 spaces on Eaton Street. Planning Commission Minutes -5— June 5— June 7, 2018 Commissioner OHM said he would like to approve the motion without items 3 and 4, as he felt items required by the City's SDP checklist were not provided with this application, and he would add a condition. Mr. Johnstone explained the checklists Commissioner OHM was referring to were created by Staff for the convenience of applicants, and they are not codified. He agrees more clarity can be provided with the landscape plan, if Commissioner OHM would like to make that a condition of approval. He also confirmed that photometric plans are not required for single family homes and duplexes. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to APPROVE Case No. WZ-17-07, a request for approval of a Specific Development Plan for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy and Envision Wheat Ridge. 2. The proposed SDP is consistent with the approved ODP document. 3. All requirements for an SDP have been met. 4. The criteria used to evaluate an SDP have been met. With the following condition: 1. That the SDP landscape plan be in compliance with the City's SDP submittal checklist and that the landscape plan legibly show the proposed and existing plants. Motion passed 5-1 with Commissioner LEO voting against. It was moved by Commissioner VOS and seconded by Commissioner OHM to recommend APPROVAL of Case No. WS -17-04, a request for approval of a 9 - lot subdivision for property zoned Planned Residential Development (PRD) located at 2826 Eaton Street for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The plat will result in a logical layout consistent with the future development proposed by the specific development plan. 3. The requirements of Article IV of the zoning and development Code have been met. With the following conditions: 1. A plat note be added with the language contained in Section 26-420 (Plat note concerning multi -family development) Planning Commission Minutes -6— June 6— June 7, 2018 2. No building permit shall be issued until a demolition permit is issued for the existing home, carriage house, and garage. 3. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 4. The Homeowners' Association covenants be reviewed and approved by Staff prior to issuance of building permits. Motion carried 5-1 with Commissioner LEO voting against. C. Case No. WZ-18-09: An application filed by Nathan Laudick for approval of a zone change from Residential -One (R-1) to Planned Residential Development and for an Outline Development Plan for property located at 9800 W. 381h Avenue. Ms. Reckert gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM mentioned there were a couple of minor spelling errors on the sketch plan, sheet 2, along Johnson Street that he would like to see corrected. He also asked about the width of the existing sidewalk along 38th Avenue. Ms. Reckert said it is 5 feet and does not meet current standards. The developer will either build the improvements for a 6 -foot sidewalk and 6 -foot tree lawn or pay fees in lieu of construction of the street improvements. Commissioner OHM asked if there is any proposed permit parking along Johnson Street. Ms. Reckert said Johnson is a public street so there will be no permit parking along the property's frontage. Commissioner LARSON asked about the elevation of the units on the east side of the property and if there will be a drainage structure built. Mr. Jefferies replied that Public Works has reviewed a preliminary plan but is certain there will be some retaining walls required to deal with the grading issues. Commissioner LARSON also asked if there might be a traffic light installed around the Johnson Street and 38th Avenue intersection. Mr. Jefferies explained there will be a dedicated left turn on to 38th Avenue, but there is not enough traffic generated to meet the warrants for a traffic signal. Planning Commission Minutes -7— June 7— June 7, 2018 Commissioner Larson inquired about the year Iris Court was rezoned and for what purpose. Ms. Reckert said around the mid -1980's. Commissioner VOS asked about the roof design and is curious who owns the trees near the south end of the property. Ms. Reckert said the neighbors are not in favor of a flat roof or a shed roof, so the developer has written into the development standards that roof lines will be pitched and not of a single plane. She is also not aware who the trees in question belong to. Commissioner BUCKNAM asked how the density compares to the R-2 zone district across the street. Ms. Reckert said R-2 is a little bit denser and this property fits closely in between R -2A and R-3. Nick Laudick, Developer 6204 Xavier Court, Arvada Mr. Laudick thanked the Commissioners, Staff and the neighbors for working through this process and explained that the original plan was 23 townhomes for this site. He understood the concerns of the neighborhood and theirs concerns with density. The plan has been modified from 23 townhomes to 16 duplexes to address the neighbors' concerns. Mr. Laudick explained that due to the grade of the site some of the three story structures will look like two stories and the duplexes will have garages to take away from parking on the streets. Commissioner VOS returned the compliment to Mr. Laudick and commended him for involving the neighbors in his decision making process. She then asked the applicant who the trees belonged to on the south side of the property. Mr. Laudick said the trees are on the neighboring properties so they will remain. Commissioners VOS asked if the duplexes will be for rent or for sale and if the grade on the site will remain or be leveled. Mr. Laudick said the duplexes will be for sale and the grade will remain and a retaining wall will be built to help with the grade elevations. Commissioner LARSON was curious about the grade of the internal drive's exit onto 381h Avenue. Planning Commission Minutes - 8 — June 7, 2018 Mr. Laudick explained the grade goes from 4.5% to 10% and mentioned there will be sight triangle analysis completed with the final design. He also explained that there is unshaded southern exposure during the winter time and the HOA will be required to maintain the internal drive. Commissioner DORSEY asked why there are two access points to this site. Mr. Laudick said the main reason is for emergency response access and it is also good for emergency access and to distribute traffic generation between the two access points. Commissioner OHM asked if the street running through the proposed site is considered private and if there is a maximum grade allowed. His concern is for the parallel parking. Ms. Reckert said the road will be private and Mr. Laudick added, for reference, a 12% grade is allowed with southern exposure without a variance by Jefferson County. Margaret Nelson, resident 9865 W. 37th Avenue Ms. Nelson's main concern with the zone change is due to the density and she explained that a petition had been passed with over 100 signatures in opposition to the zone change. She was happy to see the developer had reduced the density, but would like the City to retain the R-1 zoning to keep the traffic to a minimum. Don MacDougall, resident 9815 West 3711 Avenue Mr. MacDougall's main concern is for density and traffic from the site and there not being 135 feet of ingress/egress from 38th Avenue. Delaney Novak, resident 9795 West 3811 Avenue Ms. Novak's main concern is for density and traffic and the potential for possible traffic accidents. Guy Stanfield, resident 9870 West 3711 Avenue Mr. Stanfield thanked Mr. Laudick for listening to the neighbors, but would like to see the site remain R -l. He has concerns for density, traffic and parking. Igor Figlas, resident Planning Commission Minutes -9— June 9— June 7, 2018 9775 West 36t1 Avenue Mr. Figlas attended the neighborhood meeting and appreciates Mr. Laudick addressing a lot of the concerns, but wondered how binding the ODP is, because it says it is conceptual in nature. He is afraid if the zone change is approved, a different developer can come in and build something different. Lordis Weingardt, resident 3935 Independence Court Ms. Weingardt moved to the City of Wheat Ridge because of how her old neighborhood in northwest Denver was being developed. She would like to see this property remain R-1. Will Francis, resident 9785 West 37" Avenue Mr. Francis has lived in the neighborhood for 9-10 years, likes the big lots in the R-1 zone district and is concerned with the height of the duplexes and the traffic. Staff responded to the residents' concerns: • History of the property and the private drive with 135 -foot distance from 38th Avenue along Johnson Street for ingress/egress: Ms. Reckert explained that she believed the residents were referring to a previous development proposal that never moved forward past the neighborhood meeting stage. As such, the City cannot identify who prompted the 135 -foot requirement. However, there is currently no 135 -foot separation requirement, and as such the proposed development access meets the current codes for separation from the intersection. • Traffic concerns: Mr. Jefferies said trips generated are looked at during the peak hours which would be one additional car every four minutes which should not impact the neighborhood. • ODP and the binding conditions and transferring of property if sold: The ODP establishes development standards and restrictions, which if approved are then recorded with the County and become the zoning document for the land. The standards carry through with the property, even if the property is sold to another developer. If a new developer wanted to change the development standards, they would need to go through this same zone change process. Planning Commission Minutes -10— June 10— June 7, 2018 • Where the 35 -foot height measurement is taken from: Mr. Laudick and Ms. Reckert explained the measurement will be taken from the average of the 4 points of the lot/building foundation to the midpoint of a sloped roof. Commissioner LARSON asked about the ditch letter from Bill Gordon, and about the concrete vault. Ms. Reckert mentioned there is a ditch on the south side of the property that runs to Lena Gulch but does not think it is regulated by the City. Mr. Jefferies added that the vault is associated with the irrigation lateral that is not regulated by the City, but does run to Lena Gulch. The developer will have to work with the ditch company to get the clean out installed. Mr. Laudick said the rights to the ditch have been sold to Consolidated Mutual Water Co. and there will need to be a valve installed to run the water to Lena Gulch. Commissioner OHM would like Staff to look into the grade of the private drive and parallel parking and the steep transition to the sidewalk. Commissioner BUCKNAM added he appreciates what the developer has done to address the density concerns of the neighborhood. It was moved by Commissioner OHM and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-18-09, a request for approval of a zone change from Residential -One to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 9800 W. 3811 Avenue, for the following reasons: 1. The proposed zone change will serve as a land use transition between 381h Avenue and the neighborhood to the south and could serve as a catalyst for additional investment in the area. 2. The proposed zoned change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. All agencies can serve the property with improvement installed at the developer's expense. 4. The criteria used to evaluate a zone change support the request. With the following condition: 1. All minor corrections occur prior to the City Council public hearing. Planning Commission Minutes— June 7, 2018 Motion Carried 6-0. D. Case No. ZOA-18-02: An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to include an additional criterion for review of applications for special use permits. Mr. Johnstone gave a brief summary and background regarding the ordinance amendment. Commissioner OHM wanted to know if within this 9th criteria the developer has any control. Mr. Johnstone explained that City Council has softened the language and will use a standard of reasonableness. Commissioner OHM also asked if a special use permit would be granted in perpetuity. Mr. Johnstone said yes but a special use permit could also be granted specific to an applicant or limited in time. It was moved by Commissioner DORSEY and seconded by Commissioner LARSON to recommend approval of the proposed ordinance amending Chapter 26 to include an additional criterion for review of applications for special use permits. Motion carried 6-0. E. Case No. ZOA-18-03: An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning electrically charged fences. Mr. Johnstone gave a short presentation regarding the ordinance amendment. Commissioner OHM asked if the Board of Adjustment recommended a 3 foot separation from a 6 foot perimeter fence for safety concerns, why has this been omitted from the ordinance. Mr. Johnstone said that due to the reality of the parties involved they say it is not acceptable to them. He explained the other issue is real estate that is not used and third the trash that collects between the two fences. Commissioner OHM also wanted to know if signage, warning people that the fence is electrified could be added to the ordinance. Mr. Johnstone said it can be a condition of approval. Planning Commission Minutes -12— June 12— June 7, 2018 Commissioner OHM asked if there should be any references to the International Standard IEC in the code. Mr. Johnstone said he did not think there needed to be because the City has adopted the International Electric Codes as part of our electric codes. Commissioner OHM asked if a 9 -foot high electric fence is a standard in the industry. Mr. Johnstone said he does not think it is a custom design, but if 9 feet is codified in the ordinance and if a higher fence is desired than a variance could be asked for. Commissioner OHM thinks there should be a distinction between electric fences and cattle electric fences. Mr. Johnstone said the language to distinguish between the two could be used. Commissioner LARSON asked if Electric Guard Dog, in the original application, opposed the 3 -foot setback, only turned on after normal business hours and not electrified on the Pennington School side. Mr. Johnstone said yes but they appealed the 3 -foot separation requirement to the Board of Adjustment. Commissioner VOS asked what the need for an electrified fence is if there is already a 6 -foot fence in place. She also asked if they have tried security on site. Mr. Johnstone explained the 6 -foot fence is still easy to climb over and doesn't stop the criminal activity. He added the fence has also been cut and on-site security has not helped because the site is large. Commissioner VOS asked if Pennington School is OK with the electrified fence on their side of the property. Mr. Johnstone said they have concerns but do not think they will object. Commissioner OHM asked if there could be language regarding the voltage, duration, repetition and distance between perimeter fences as determined by the manufacturer. Mr. Johnstone said Electric Guard Dog will have to have regular maintenance program to keep the area clear so the system is not tripped. Commissioner VOS asked what the material is between the fences. Planning Commission Minutes -13— June 13— June 7, 2018 8. 9. Mr. Johnstone said it will be a non -permeable material so there will be no weed growth. Commissioner BUCKNAM asked about addressing the Agricultural use with regards to electrical fences. Mr. Johnstone said it could be challenging because it is a different set of circumstances because a cattle fence might not need a perimeter fence- around it. Commissioner VOS asked if the Agricultural community has asked about an electrical fence. Mr. Johnstone said not that he is aware of. It was moved by Commissioner LEO and seconded by Commissioner LARSON to recommend approval of the proposed ordinance amending Chapter 26 concerning electrified fences. Motion carried 4-2 with Commissioners BUCKNAM and DORSEY voting against. OLD BUSINESS NEW BUSINESS A. City Council's Strategic Priorities for 2018/2019 B. Upcoming Ordinance on Freestanding ERs C. Upcoming Update to Neighborhood Revitalization Strategy (NRS) D. Citizens Survey Results Mr. Johnstone gave a brief update on the four New Business items because the Planning Commissioners will be involved in all four of the different processes. 10. ADJOURNMENT It was moved by Commissioner OHM and seconded by Commissioner DORSEY to adjourn the meeting at 10:34 p.m. Motion carried 6-0. Alan Bucknam, C air Planning Commission Minutes June 7, 2018 Tammy Odean,ltetording Secretary -14—