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HomeMy WebLinkAbout06-06-19City of W heat --Midge PLANNING COMMISSION Minutes of Meeting June 6, 2019 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair LARSON at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol Will Kerns Daniel Larson Janet Leo Richard Peterson Jahi Simbai Vivian Vos Commission Members Absent: Scott Ohm Staff Members Present: Stephanie Stevens, Senior Planner Scott Cutler, Planner II Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner PETERSON and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES — May 16, 2019 It was moved by Commissioner SIMBAI and seconded by Commissioner ANTOL to approve the minutes of May 16, 2019, as written. Motion carried 7-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes - 1 — June 6, 2019 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS -19-02: an application filed by John Roach for approval of an 8 -lot major subdivision for property zoned Mixed Use -Neighborhood (MU -N) located at 10191 West 38th Avenue. Mr. Cutler gave a short presentation regarding the major 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 PETERSON asked to have Conditions 2 & 3 of the suggested motion explained and if Staff looks at certain standards. Mr. Cutler explained that the Subdivision Improvement Agreement (SIA) gets signed after the plat has been approved by City Council and obligates the developer to construct the public improvements such as sidewalk along 38th Avenue as well as onsite improvements. He then explained that the lot sale restriction covenant agreement is required by the City for any townhome development and that is an assurance that certain things like a drive access to the lots will be built. Finally he explained that the HOA Covenants is specific to sites to ensure common maintenance areas such as the driveway and drainage area will be maintained. Commissioner Peterson also asked what the orientation of the duplexes will be. Mr. Cutler said one building will be on lots 1 & 3, lots 2 & 4, lots 5 & 7 and lots 6 & 8, totaling 4 buildings. Commissioner SIMBAI asked if parking will be looked at in this subdivision case. Mr. Cutler answered no that will be a part of the Site Plan. Commissioner VOS wanted confirmed that there was public noticing for this case. Mr. Cutler said that Public Hearing signs were posted and neighbors within a 300ft. radius were notified by a mailing. Commissioner VOS wanted the 3rd paragraph of page 3 in the Staff Report explained. Mr. Brossman said there will be a project on the east side of Kipling to Lena Gulch. He explained Public Works is currently designing that particular area and because this property falls within that project the City will be taking fees in lieu of Planning Commission Minutes -2— June 2— June 6, 2019 some of the required infrastructure for the right-of-way (ROW) improvements because the City is going to be constructing this project as a whole instead of in pieces so there will continuity from beginning to end; the City is still in the design phase currently. Commissioner VOS asked what is being designed for this project. Mr. Brossman explained the City is trying to fix the traffic situation at east bound 38th Avenue to north bound Kipling Street by adding extra turn lanes which means the infrastructure needs to be completed to the west. Commissioner VOS asked why there is no park on this site. Mr. Cutler explained that the site is a little under half an acre and adjacent to the Recreation Center. Commissioner LEO asked about the easement on Lot 7 being released. Mr. Brossman explained that the drainage way easement was wider than it needed to be. Lena Gulch was rechanneled in the late 1980's, meaning the channel became smaller, but the easement stayed the same. He said that during discussions with the current Flood Plain Administrator in Public Works it was decided the easement could be reduced to make the land more useable. Commissioner KERNS asked if the size of the sidewalk. Mr. Brossman said there will be a 6ft. detached sidewalk with a 6ft. tree lawn with an additional 4ft. of ROW. Commissioner ANTOL asked if the 6ft. sidewalk is standard for this area or if it should be 8ft. Mr. Brossman said the standards are different for the different corridors and 6ft. is standard for this corridor. Jan Rose, Resident 10221 West 38' Avenue Ms. Rose explained she is the resident to the west of this subdivision and her concerns are: The 50ft buildings potentially blocking her 24 solar panels. Her property line and she does not want her fence modified during construction because she has 2 dogs in the back yard. Constructions trucks parking in front of her property. Ms. Rose added that she would like to see her property rights protected. Planning Commission Minutes -3— June 3— June 6, 2019 Commissioner VOS asked about all the trees on the property and if any of them will be saved. She also would like to see a conversation between the two property owners with regards to concerns. John Roach, Applicant 10220 West 2611 Avenue, Lakewood Mr. Roach explained there is only one tree on the property next to the current house and maybe one more by the driveway and they will come out to put the units in. The other trees are outside the property line and will not be touched. Mr. Roach added he would like to have good relations with the neighbors and will reach out to Ms. Rose about some of her concerns. Mr. Cutler then responded to Ms. Rose's concerns with regards to the duplex building height. He said any residential building in the Mixed Use -Neighborhood (MU -N) zone district is limited to 35ft. in height and there is a 20ft. setback for a 3rd floor if there is one and a 15ft. setback for the first 2 floors. He added the case tonight is a subdivision and it is a use by right in the MU -N zone district to develop the 8 units. Mr. Cutler explained that there could be more units on this site, but the developer decided to do fewer. Commissioner PETERSON had concerns about the blocking of Ms. Rose's solar concerns and asked if an expert could look at the solar panel concern. Commissioner KERNS commented on the solar panels and said they are oriented south and west, there are none oriented southeast or east and due to this orientation a 35ft. building located to the east will not affect the solar exposure. Commissioner KERNS also commented on the parking lane in front of Ms. Rose's property and said it is a public ROW and it is legal for anyone to park there. However, she can call code enforcement regarding the constant running of the diesel trucks while parked there. Mr. Brossman added the work in the street should be done soon. It was moved by Commissioner LEO and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WS -19-02, a request for approval of a major subdivision on property located at 10191 W. 381h Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: Planning Commission Minutes -4— June 4— June 6, 2019 1. Prior to recordation, the applicant shall pay the required fees -in -lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and lot sale restriction covenant agreement prior to the recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner's association covenants for review and approval by staff. Motion carried 7-0. B. Case No. WS -19-03: an application filed by Redland for approval of a Major Subdivision with right-of-way (ROW) dedication for property zoned Mixed Use - Commercial (MU -C) located at 4331 Vance Street. Ms. Stevens gave a short presentation regarding the major subdivision 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 PETERSON asked where 43rd Avenue terminates. Ms. Stevens explained that 43rd Avenue will connect to an access easement that is currently on the west side of the property which will help the flow of traffic to and from 44th Avenue. Commissioner PETERSON then inquired if there will be a right only from the access easement onto 44th Avenue. Mr. Brossman added that the median on 44th Avenue will be elongated to prohibit left turns into and out of the drive. Commissioner PETERSON also asked about the open space proposed for the north end of the lot 3 project and who can use this. Ms. Stevens said it is primarily meant to be a park/open space for the Town Center residents in lots 1-3, but others can use it as well. Commissioner PETERSON said he has concerns about the residents crossing Vance with increased traffic. Commissioner VOS asked if the only reason to extend 43rd Avenue is to have better access to 44th Avenue via the access easement. She also inquired who will be paying for the connection. Planning Commission Minutes -5— June 5— June 6, 2019 Mr. Brossman explained it is part of a logical transportation network and if for some reason the restaurant to the west were to ever redevelop or go away, then 43rd could go straight through to Wadsworth Blvd, but this is something CDOT would have to approve also. He added the developer will be paying for the 43rd Avenue connection. Commissioner VOS then asked about the entry into the building and which direction it will face and if the access easement will be improved. Ms. Stevens said that there will be an internal parking garage and the building wraps on all 4 sides along with entries on all 4 sides of the building. She added that the access easement will be improved to street standards. Commissioner LEO asked if this is still owned by the City's Urban Renewal Authority. Ms. Stevens confirmed it was until it was economically viable and then handed to the developer and is still a part of the Wadsworth Urban Renewal area. Commissioner PETERSON he has concerns about the access easement becoming a shortcut through the Big Lots parking lot. Ms. Stevens said this is being looked at to mitigate, but parking lots are public and can be driven through. Commissioner VOS asked the applicant if he wanted 43' extension or the City. Tyler Downs, Applicant 1801 Broadway, Denver Mr. Downs explained the extension of 43rd Avenue was a request by the City and is fine with it to complete the transportation grid. Commissioner VOS asked about the orientation of the doors to the apartments, how many stories the building will be and if there will be any retail. Mr. Downs explained the apartment will be accessed from common hallways indoors; the buildings are 4 stories same as the other 2 buildings and while it was explored, there will not be any retail. It was moved by Commissioner KERNS and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS -19-03, a request for approval of a re -subdivision with right-of-way dedication on property zoned Mixed Use - Commercial (MU -C) and located at 4331 Vance Street, for the following reasons: Planning Commission Minutes -6— June 6— June 6, 2019 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. 3. The subdivision will facilitate development of the site in compliance with the approved Concept Plan. With the following conditions: 1. The revisions requested by the Public Works Department related to labels, notes, and typos shall be addressed prior to the City Council public hearing. 2. The developer shall enter into a subdivision improvement agreement prior to recordation of the subdivision plat. Motion carried 7-0. C. Case No. WS -19-01: an application filed by Riverside Terrace, LLC for approval of a major subdivision for property zoned Residential -Three (R-3) to allow for 18 single-family townhome units located at 11661 West 44th Avenue. Mr. Cutler gave a short presentation regarding the major 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 PETERSON asked what the cross access drive would look like with respect to the property to the northwest. Mr. Cutler explained that the upper Tract C will make the connection between this property and the property to the northwest; the City would request that there be a continuous drive and sidewalk connection, if the adjacent property moves forward. Commissioner PETERSON asked what Tract C will look like if the property to the northwest does not move forward. Mr. Cuter said that the Arvada Fire District would require a fire truck turn around and there would be a permanent easement put in which would be a separate recorded agreement. Commissioner SIMBAI asked when the outbuildings were demolished in 2019 and who will be responsible for the streetlights. Planning Commission Minutes -7— June 7— June 6, 2019 Mr. Cutler said the demolition question can be answered by the applicant and Mr. Brossman explained that the developer will be responsible for street lighting and will also be responsible for lights along the sidewalks, as well. Commissioner SIMBAI also asked if the bus stop standards are dictated by RTD. Mr. Brossman said they are, but the City is going to have RTD reconstruct the bus stop to meet the current RTD standards and to accommodate a shelter. Commissioner VOS asked to have the height of the townhomes confirmed. She also mentioned she would like to see more parks instead of a parkland dedication fee. She asked if the cross access drive could be open space with sidewalks instead of a drive aisle. Mr. Cutler said the townhomes have a height limit of 35 feet. He then addressed Commissioner VOS' concern for lack of parks. He explained that there will be sidewalks along with the drive aisle and open space in the cross access area and open space on the entire west side of the property for all to enjoy and it includes sidewalks. He mentioned that for the purposes of parkland dedication it goes towards parks that are owned and maintained by the City. He said it can be challenging for the Parks Department to maintain smaller parks that are embedded in a private development. He added that a public park needs to be approved by City Council. Commissioner VOS then asked where the parkland dedication fees go. Ms. Stevens said they go into a fund controlled by the Parks Department and the funds are reserved for future parks in the City. Commissioner KERNS asked how many lots it takes for a property to have 2 access points. Mr. Cutler believed that is more of a Fire Department concern and they have already signed off on this subdivision. Commissioner VOS asked if the property to the northwest is zoned Mixed Use - Neighborhood (MU -N). Mr. Cutler said no it is zoned Planned Residential Development (PRD) and it is being reviewed separately. Commissioner LARSON asked why the current name of this property is the Fightmaster Subdivision. Mr. Brossman said he believes it was named after the Fightmaster family. Planning Commission Minutes - 8 — June 6, 2019 Stephen Sundberg, Applicant 9640 W Chatfield Ave., Littleton Mr. Sundberg explained that the demolition started at the beginning of April, after the asbestos abatement. He added that the Fire Department has looked at this subdivision and signed off on it both with the cross access connection and without. Mr. Sundberg also said the case for the property to the northwest will be heard at Planning Commission on June 20. Commissioner VOS asked what was the purpose of demolishing the out buildings in April. Mr. Sundberg explained the single family home was too outdated for redevelopment. John Clark, Resident 4665 Swadley St, Wheat Ridge Mr. Clark mentioned he is not happy with the developments going up in the City of Wheat Ridge. He says others don't want development in the City as well, and feels they don't speak up. He said one of his concerns is more traffic entering on to Tabor Street and he does not want to see a cross access road between the two developments. He also said he does not like agricultural land being wiped out. Allen Hadwiger, Resident 4455 Simms Street Mr. Hadwiger said he thinks this is a great project and will make the community better. His only concern is the possible increase in traffic and would like to see something like a deceleration lane on 44th Avenue into the development. Mr. Cutler explained that the access connections to and from developments are dictated by the Fire District. Commissioner VOS wanted condition 2 of the suggested motion explained. Mr. Cutler said the lot sale restriction is to prevent the sale of any lot that doesn't have access to a public street so in the event that the development doesn't move forward that a lot may not be sold without access. He explained it is a prevention measure in case the construction ceases; condition 2 would require that all the roads be built so the lots could be developed in the future. Commissioner VOS also wanted confirmation that condition 4 relates to the fire truck turnaround if the adjacent property does not get developed. Planning Commission Minutes -9— June 9— June 6, 2019 Mr. Cutler confirmed this to be true. Commissioner LARSON inquired if there is a time limit for the emergency access easement agreement. Mr. Cutler explained that a future plat on the adjacent property would allow the emergency access easement agreement to be extinguished. It was moved by Commissioner ANTOL and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS -19-01, a request for approval of a major subdivision on property located at 11661 W. 441" Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees -in -lieu of parkland dedication. 2. The developer shall enter into a subdivision improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner's association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Motion denied 3-4 with Commissioners PETERSON, VOS, LEO and KERNS denying. There was discussion about a friendly amendment to add a deceleration lane on 44th Avenue. There was concern by Commissioner Antol that the Planning Commission cannot add this as an amendment without additional traffic analysis. Mr. Brossman said a trip generation study could be requested with the 2 developments combined because there is not enough traffic to warrant a study with just 1 development. Mr. Brossman also explained to the Commission that if there was a deceleration lane added to 44th Avenue then the properties to the east of said property will be affected. Planning Commission Minutes -10— June 10— June 6, 2019 The Planning Commissioners wondered why the two developments are not being heard as one case. Mr. Cutler explained that the two developments have different zoning; one review is more intensive while the one being decided on today did not need a zone change and all the development standards are being met and that is why staff is recommending approval. Commissioner ANTOL would like to see additional information in staff reports related to the surrounding context. There was also discussion on withdrawing the previous motion prior to a vote so it can be continued to a later date. In doing so the Planning Commission can hear the Case on 4440 Tabor Street to help them make a decision on this case. Mr. Cutler read from the bylaws Part B of the voting section: "In the event a motion fails to receive a majority vote, it shall conclusively be presumed that no action has been taken, and it shall be required that a second motion be made, seconded, and adopted by majority vote indicating the definite action (either granting or refusing the requested action)." Mr. Cutler also explained the need for the Planning Commission to provide reasons for the denial, if the there is a second motion and majority vote to deny. Ms. Stevens added that if a motion is made to refuse the denial, then there could be another motion made to continue this case to a date certain. It was moved by Commissioner VOS and seconded by Commissioner SIMBAI to refuse requested action on denial. Motion passed 7-0. It was moved by Commissioner LEO and seconded by Commissioner ANTOL to postpone WS -19-01 until July 18 after the adjacent property, the 4440 Tabor Case, is heard on June 20 for additional information. Motion passed 7-0. D. Case No. WS -19-04: an application filed by Evergreen -Clear Creek Crossing for approval of a major subdivision with right-of-way (ROW) dedication for property zoned Planned Mixed Use Development (PMUD) located at the SW quadrant of Hwy 58 and I-70. Ms. Stevens gave a short presentation regarding the major subdivision 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 SIMBAI inquired about the concern from the property owner to the south. Planning Commission Minutes— June 6, 2019 Ms. Stevens said there is some reconfiguration of Clear Creek Drive that is occurring and impacts his property. Mr. Brossman added that there is going to be a median on Clear Creek Drive that will prohibit some of the traffic movement into his subdivision. Some accommodations are being made to allow access to the existing Frontage Road. It is still under design, but the City is working through the issues with him. Commissioner KERNS asked where the possible site for the RTD bus station will be. Ms. Stevens explained it is currently reserved to be in Block 4 Lot 1, preferably in the Denver Water Easement. She mentioned the decision should be official in the next 6 months. Commissioner LARSON asked where the I-70 hook ramps are located. Ms. Stevens said they are platted on the southeast side of the subdivision. Commissioner LARSON also asked why the change in the ROW. Ms. Stevens explained that Denver Water made some changes to their pipe size which could impact the road so they asked if it could be shifted a little bit. Mr. Brossman added that due to the width change along with the depth of the pipe Denver Water needed some extra room to maintain the pipe. It was moved by Commissioner VOS and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WS -19-04, a request for approval of a major subdivision to realign and re -dedicate the 40th Avenue and Clear Creek Drive intersection 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 32,d 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. 3. The subdivision will facilitate development of the site in compliance with the approved Outline Development Plan. With the following conditions: Planning Commission Minutes -12— June 12— June 6, 2019 8. 9. 1. The revisions requested by the Public Works Department related to cross access and the future Regional Transportation District bus transfer station shall be addressed prior to the City Council public hearing. 2. An updated Title Commitment shall be provided prior to recordation of the plat. Motion carried 7-0. OLD BUSINESS NEW BUSINESS The next Planning Commission meeting will be held on June 20, 2019. 10. ADJOURNMENT It was moved by Commissioner PETERSON and seconded by Commissioner SIMBAI to adjourn the meeting at 10:09 p.m. Motion carried 7-0. Planning Commission Minutes June 6, 2019 Tammy Odean, ecording Secretary -13—