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HomeMy WebLinkAbout09/04/2008~ City of Wheatji j PLANNING COMMISSION Minutes of Meeting September 4, 2008 (The public hearing was preceded by a dinner study session to discuss scope of work for the Comprehensive Plan Update.) 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:04 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29t' Avenue, Wheat Ridge, Colorado. 2. 3. 4. 5. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers John Dwyer Dick Matthews Davis Reinhart Jerry Scezney Kim Stewart Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Steve Timms Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner Tim Paranto, Public Works Director Ann Lazzeri, Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner STEWART and seconded by Commissioner MATTHEWS to approve the order of the agenda. The motion passed unanimously. APPROVAL OF MINUTES - August 7, 2008 It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART to approve the minutes of August 7, 2008. The motion passed 5-0 with Commissioners SCEZNEY and STEWART abstaining and Commissioner TIMMS absent. Planning Commission 1 September 4, 2008 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Bill Parsons 3640 Tabor Court Mr. Parsons expressed concern that no plans have been made for access from the Ashton Woods development into the greenbelt. He would like to see a switchback bike path installed. PUBLIC HEARING A. Case No. WZ-07-06: An application filed by Ashton Woods Homes for approval of a zone change from Residential-One (R-1) and Agricultural- One (A-1) to Planned Residential Development (PRD) and approval of an outline development plan for construction of 53 homes on property located at 11885 West 38th Avenue. 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. Bill Howard Plan West, Inc. 6130 S. Greenwood Plaza Boulevard Mr. Howard, representing Ashton Woods, introduced Ralph Farrell. Ralph Farrell National Vice President, Ashton Woods Mr. Farrell presented the history of Ashton Woods Homes which has been building in the U.S. for the last sixteen years. Colorado is a new market for the company. They focus on energy efficient building and have received many national awards in the homebuilding industry. Bill Howard returned to the podium. He briefly described the development and stated that the site can easily be characterized as an infill site because the surrounding area is already developed. The gross density is at 3.5 units per acre. Lot sizes and home sizes have been increased as a result of comments received at the neighborhood meeting. Tree lawns and detached sidewalks have been designed. Every attempt will be made to save trees along 38`h Avenue. Average price for homes in the development will be around $500,000. Chair BRINKMAN asked to hear from members of the public. Planning Commission -2- September 4, 2008 Tom Klinger 11735 West 38th Avenue Mr. Klinger stated that it would be a travesty if some type of access is not made into the greenbelt area from the proposed subdivision. In response to a question from Commissioner CHILVERS, Mr. Klinger said there is an unofficial undeveloped access at the north end of the Kullerstrand playing fields. There is a developed access off of Oak and one from the McLaughlin's subdivision. Arthur Brenner PO Box 160, Evergreen Mr. Brenner stated that he attended the meeting for information and was mostly in favor of the project. Joe Meigs 3936 Simms Street Mr. Meigs stated that there has been opportunity to discuss concerns with the developer; however, he was still concerned about the proposed density of the development. He stated that the McLaughlin's Applewood Estates has a density of 52 lots on 20.5 acres while the Ashton Woods development has a density of 53 lots on 15 acres. He did not believe the Ashton Woods development complies with the Comprehensive Plan that recommends no more than 4 units per acre and development must be compatible with the surrounding neighborhood. Ashton Woods is proposing 4.5 units per acre and the lots along the eastern boundary adjacent to McLaughlin's are smaller than those in McLaughlin's. He wanted to know how architectural controls would be enforced. Susan Wood 3936 Simms Ms. Wood expressed concern about compatibility with the existing neighborhood in that density in McLaughlin's is 3.2 units per acre while Ashton Woods is proposing 3.8 units per acre. She suggested that dropping the number of units from 53 to 47 would result in density equal to the existing neighborhood. She expressed further concern about lot sizes on the eastern side adjacent to McLaughlin's. She did not believe 9,000 square foot lots were compatible with the 12,000 square foot lots. She was also concerned about how architectural controls would be enforced. Steve Labriola 11920 West 38th Avenue Mr. Labriola was satisfied with Ashton Woods' product, but was concerned about density. He suggested eliminating 7 or 8 lots from the present plan. He would also like to see a path to the greenway. If that is impossible, he would like to have Planning Commission -3 - September 4, 2008 several small pocket parks. He was also concerned about graffiti damage to the proposed brick wall on 38th Avenue. Commissioner DWYER commented that other developments in the area had fences. Mr. Labriola agreed that there are wooden fences along 38th. They get tagged and power-washed and look terrible. He suggested foliage in front of the wall. Steven Trefz 11662 West 39th Place Mr. Trefz stated that he lives in the McLaughlin's subdivision and his property borders the Ashton Woods proposed development. He would like to see one- story houses along the eastern border with offsets along the property line so that he doesn't lose every view he has. Ken Asbury 3882 Union Court Mr. Asbury stated he was speaking for a majority of homeowners of the Prospect Ridge Subdivision. He entered into the record a list of signatures of residents who had the following concerns: lot sizes in the interior should be increased to a minimum of 9,000 square feet and density reduced to 3.2 units per acre. The density on lots 35 through 53 is too great. He expressed appreciation that Ashton Woods has been working with neighbors in addressing many of their concerns. Barry and Sherry Knott 3911 Simms The Knott's did not approach the podium, but expressed their concern about density from the audience. Tony Ficco 12415 W. 38th Avenue Mr. Ficco stated that he was not opposed to development as long as it is done correctly. He was opposed to the 20-foot front setbacks and the 7.5 side setbacks. He stated that there is not a need for revitalization in this neighborhood which is one of the nicest in Wheat Ridge and there is no reason to downzone. He was also opposed to the density. The McLaughlin's subdivision has 25% lot coverage while the Ashton Woods proposal is 40%. He stated that he knows people who live in the houses to the west of the subdivision who have been denied 12% variances on 12,500 square foot lots. He did not believe it would be a hardship for the developer to reduce density to have 9,000 square feet lot sizes with 30% lot coverage. Tony Rodriguez 11441 West 39th Place Planning Commission -4- September 4, 2008 Mr. Rodriguez did not approach the podium but expressed concern about density and lack of greenbelt access. Susan Berenberm 11658 West 39`h Circle Ms. Berenberm asked if fencing would occur on the east side of the development. John Moore 12201 West 38t' Mr. Moore expressed concern about density and the effect on wildlife. Chair BRINKMAN asked if there were others who wished to address the Commission. Hearing no response, she closed the public comment portion of the hearing. Regarding the issues of access to the greenbelt, Meredith Reckert explained that it is not the developer who doesn't want to build the trail. The city determined that a trail in this steep location would be an engineering challenge in order to make the trail ADA compliant. It would also reduce the stability of the slope. That is why the Parks Commission recommended fees in lieu of land dedication and did not recommend a pocket park in the area. In response to a question from Commissioner DWYER regarding enforceability of design standards, Ms. Reckert explained that by incorporating design standards into the ODP document, the city would have to review every building permit to make sure it adheres to those design standards. Bill Howard returned to podium. He stated that in documenting square footage of lots on McLaughlin's lots as compared to Ashton Woods', there is not a huge disparity between the two. The size and bulk of the homes in the proposed development are similar to the adjacent development. The applicant has worked hard to establish compatibility with homes on the edges of the subdivision. The untrained eye will not be able to tell much difference between the proposed subdivision and the McLaughlin's subdivision. He commented that people should deal with real perception and not get caught up in manipulation of density numbers. It is not planned to build smaller homes in the center of the development. There will probably be larger homes, possibly custom homes, on the northern perimeter. Regarding open space access, Mr. Howard commented that some residents of the McLaughlin's subdivision have expressed concern about the access from their subdivision into the greenbelt because it presents a potential security issue by providing free access to individuals walking through the open space. The subject open space leading to the greenbelt is fairly pristine open space with many trees. The plan is to preserve all the vegetation on the bank and preserve as many trees Planning Commission -5- September 4, 2008 on the perimeter of the development as possible. Ashton Woods is committed to meet the quality standards outlined in the ODP. In response to a question from Commissioner REINHART regarding fencing on the east side of the development, Mr. Howard stated that the existing barbed wire fence would be replaced with brick pillars and white vinyl. However, the developer would be willing to discuss alternatives if this presents problems with neighbors. Regarding maintenance of masonry fence along 38`h Avenue, the HOA would be responsible for upkeep. Commissioner MATTHEWS asked if Mr. Howard felt that the vegetation on the bank would present a fire hazard. Mr. Howard replied that it would present no more of a fire hazard than any other place along the open space. People who live along the open space have the ability to reduce the fire hazard on the back of their own lots by using their irrigation system to keep the vegetation from getting dried out even though it is public space. Commissioner CHILVERS asked Mr. Howard to provide a percentage difference in density between Ashton Woods and McLaughlin's. Mr. Howard estimated that it would be about a 5% difference. However, to be exact, Mr. Howard stated that he did not have the figures with him at this time, but would be happy to provide exact calculations to the staff and Planning Commission. Commissioner STEWART asked why the houses on the east side of the development are not offset in the same way they are on the west side. Mr. Howard replied that it was much more difficult to make it happen on the east side because the lot sizes are similar and start in the same place as the adjacent development. Commissioner STEWART asked if the lot coverage percentage for the McLaughlin's subdivision was known. Ms. Reckert replied that it is zoned R-IA which calls for no more than 30%, however she did not know what the average is or what variances had been granted. She also commented that when this property was subdivided in 1986, people thought the density was too great. Mr. Howard commented that his experience over the years in the home building business, shows that there is a trend toward smaller lots with the same size houses in an effort to use less water for landscaping. Commissioner CHILVERS asked how the original plan to build 72 houses was reduced to 53. Mr. Howard replied that the original design was for a different product that would appeal to empty nesters. However, after strong objections from the neighbors, the plan was changed to reflect existing development in the neighborhood in terms of size, density and value. Planning Commission -6- September 4, 2008 Commissioner MATTHEWS asked if the developer would be amendable to working with the city to provide greenbelt access. Ross Brazil Plan West, Inc. 6130 Greenwood Plaza Mr. Brazil stated that there is an extraordinary amount of storm drainage in the area which must be accommodated and conveyed down the slope which will make it necessary to bore underground into the hillside. In addition, there are many wetlands spots as well as habitat for a federally protected orchid. He stated that the odds of getting Jefferson County to approve access through this area would be nil. (The meeting was recessed from 9:05 p.m. to 9:11 p.m.) It was moved by Commissioner REINHART and seconded by Commissioner MATTHEWS to recommend approval of Case No. WZ-07-06, a request for approval of a rezoning from Residential-One and Agriculture-One to Planned Residential Development and an Outline Development Plan for property located at 11885 West 38th Avenue, for the following reasons: 1. A change in character of the area has occurred due to adjacent properties having been rezoned and/or subdivided and developed with single family homes. 2. The rezoning is compatible with surrounding zoning and land uses and, while slightly over the density recommendation on the Future Land Use map, is consistent with the goals and objectives of both the Comprehensive Plan and Neighborhood Revitalization Strategy. 3. Adequate infrastructure will be constructed as a result of development. There will be further benefit to the area to the upgrade of the sanitary sewer main line east of the property. 4. The change in zone will not adversely affect the public health, safety or welfare. With the following conditions: 1. The developer continue working with Jefferson County Open Space regarding design of the storm drainage channel to Clear Creek and easement procurement. 2. At the time of final plat, the property be assessed for fees in lieu of parkland dedication based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. Planning Commission -7- September 4, 2008 Commissioner STEWART asked for examples of other homes with 20-foot setbacks. Ms. Reckert stated that the Cambridge Park development on 38th Avenue West of Kipling has 20-foot setbacks. Commissioner SCEZNEY stated that he would not support the motion because he did not believe the density was compatible with surrounding development. Commissioner REIN14ART stated that he believed the proposed development was a close match to adjacent development. He did not believe there would be consequences such as decreased property values or traffic issues. The developers have taken great steps to arrive at compatibility. Commissioner MATTHEWS stated that he would reluctantly support the motion because the developer is providing a quality product that meets market demands. He commented that he particularly liked the detached sidewalks. However, he believed the community was being denied access to the greenbelt due to bureaucratic regulations and the property owner could not be punished for that. Commissioner DWYER stated that he would support the motion because he believed the property value is similar to the McLaughlin's subdivision and worth more than properties to the south. He expressed concern that the builder is basically creating two classes within the community (perimeter properties versus center properties). He was concerned that the center properties could turn into rentals in the future. Commissioner CHILVERS stated that he would support the motion. While he didn't agree with every detail, he could find nothing that would support denial of the application. Commissioner STEWART stated that while she had issues with density, particularly in the center of the development, she would reluctantly support the motion. The motion passed 6-1 with Commissioner SCEZNEY voting no and Commissioner TIMMS absent. 8. OTHER ITEMS There were no other items to come before the Commission. 9. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner D to adjourn the meeting at 9:20 p.m. Anne Brinkman, Chair Ann Lazzeri, Secretary' Planning Commission 8 - September 4, 2008