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HomeMy WebLinkAbout04/16/1998CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting April 16,1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on April 16, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. 3. ROLL CALL: Commission Members Present: Commission Members Absent: Staff Members Present: Alan White, Planning. & Development Director Bob Goebel, Public Works Director Sean McCartney, Planner Martin Orner, Economic Development Specialist Ann Lazzeri, Minutes Specialist PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins (Arrived at 7:35 p.m.) Jim Dunn Dean Gokey Tom Shockley Nancy Snow Janice Thompson Gary Theander (excused) The following is the official set of Planning Commission minutes for the public hearing of April 16, 1998. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to approve the agenda as presented. Planning Commission Page 1 04/16/98 Chair THOMPSON offered an amendment to add two items to the agenda under New Business: (1) Discussion of property on Xenon Street; and (2) discussion of the emergency phone verification system. The amendment was accepted by Commissioner SNOW The motion carried by a vote of 6-0, with Commissioners COLLINS and THEANDER absent. 5. APPROVAL OF MINUTES The minutes of the March 19, 1998, Wheat Ridge Planning Commission were presented for approval. It was moved by Commissioner BRINKMAN and seconded by Commissioner DUNN to approve the minutes as submitted. Motion carried 5-0 with Commissioner THEANDER absent; and Commissioners GOKEY and SNOW abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. (Commissioner THEANDER arrived at 7:35 p.m.) PUBLIC HEARING Chair THOMPSON declared the public hearing open. A. Case No. CUP-98-1: An application from Compass Montessori School for approval of a conditional use permit to allow use of property zoned Agricultural-One and located at 10351 West 44th Avenue as a playground area for a private school. Sean McCartney presented the case stating the name of the applicant as Compass Montessori School and the name of the property owner as Kathleen Garramone. He reviewed the staff report and entered the case file, packet materials, zoning ordinance and exhibits into the record. He informed that since the property was within the City of Wheat Ridge and all notification and posting requirements had been met, there was jurisdiction to hear the case. Mr. McCartney presented an overhead projection of the site plan showing the proposed playground which would be located in the rear portion of the property presently owned by Kathleen Garramone. He stated that the Compass Montessori School planned to purchase Planning Commission Page 2 04/16/98 the subject property in the future for the purpose of expanding the school and, at that time, another conditional use permit or zone change to Restricted Commercial One would be necessary. Mr. McCartney informed that the playground is planned to support children from ages three to twelve years and would be used only during school hours. The playground would be located eighteen feet from the northern property line and twenty feet from the eastern property line extending west to abut the Montessori School building, with an existing six- foot solid fence along the perimeter of the property. The proposal included plans to erect temporary gazebo-type structures on the playground; however, there were no plans to build any permanent structures on the site. He stated that a neighborhood meeting was held on February 18, 1998 with residents from the adjoining Ptarmigan Apartments who indicated they were in favor of the proposed use. Mr. McCartney reviewed the criteria for granting conditional use permits, and informed that it was staff's conclusion that the request should be approved. He noted that a completed Building and Dumping/Landfill permit would be required prior to construction of the playground. Questions and discussion followed. Alan White advised the Commission that, since the school is under the jurisdiction of Jefferson County School District, it is exempt from local requirements as far as building permits and inspections are concerned; however, the City does have jurisdiction regarding drainage. Chair THOMPSON asked if the residence driveway would also be used for access to the school. Mr. McCartney informed that the Commission could make a condition to the approval that the residential driveway not be used for access to the school. Following further discussion, the applicants appeared before the Commission. Diane Otten 1010 15th Street, Golden, CO Ms. Otten was sworn by Chair THOMPSON. She explained that the Montessori School is a Jefferson County charter school which was approved by the Jefferson County School District in December, 1997 and purchased the Garramone property to establish the school. She informed that the preschool is privately funded, and kindergarten though sixth grade classes are funded by the School District. She stated that they have an option to purchase the remaining Garramone property within the next two years, and are aware that they will have to apply for a rezoning in order to use that additional property for school use. Planning Commission Page 3 04/16/98 In response to a question from Commissioner SNOW, Ms. Otten replied that the property is owned by Compass Montessori, Inc., but the school is funded by Jefferson County. She also noted that they plan to enroll 150 children and that there is capacity for 180 children. Patricia Trapp 502 Parkview Court, Golden, CO Ms. Trapp was sworn by Chair THOMPSON. Ms. Trapp described the construction of the playground stating that they do not plan to change the irrigation on the site and that a chain link fence would be constructed between the playground and the Garramone residence. She informed that the playground must meet requirements set forth by the Department of Social Services and that she was agreeable to considering a single access from Miller Street into the school. Commissioner GOKEY expressed concern about the increase in traffic which would result from transporting 150-180 children to and from the school and asked if a traffic impact study had been completed. Bob Goebel replied that the traffic engineer had assessed the situation and felt it was advisable to close the access from 44th Avenue because of the heavy traffic on that street. Ms. Trapp informed that starting times would be staggered and that school parking exceeded Jefferson County school standards. She also noted that the parents and directors of the school are very concerned about traffic safety. Commissioner COLLINS asked what the intended use of the Garramone residence would be. Ms. Trapp replied that, if they are able to purchase that additional property, the playground would be expanded and the house would become a part of the school. Commissioner GOKEY expressed concern that the School District is not accountable to the City as far as building permits, inspections, etc. are concerned. Chair THOMPSON asked why the school was requesting the conditional use permit instead of the Garramone's who presently own the land in question. Mr. McCartney explained that the applicants have a power of attorney from the Garramone's. Robert W. Ulrich 10251 West 44th Avenue 8-206 Mr. Ulrich was sworn by Chair THOMPSON. He stated that he represented the homeowners association at Ptarmigan Condominiums and had been contacted by several Planning Commission Page 4 04/16/98 homeowners who were concerned that they had not received notification of the February meeting. He stated that none of the homeowners were opposed to the playground. Nancy Degenhart Representing Helen Newdorp 10251 West 44th Avenue 8-104 Ms. Degenhart was sworn by Chair THOMPSON. She stated that she was representing her mother, Helen Newdorp, who was concerned about the use of the playground during times the school was not in operation. She stated that, after hearing testimony, she was satisfied that it would not. It was moved by Commissioner BRINKMAN and seconded by Commissioner SHOCKLEY that Case No. CUP-98-1, a request for approval of a Conditional Use Permit for a Montessori School playground at 10351 West 44th Avenue be APPROVED for the following reasons: The criteria used to evaluate a Conditional Use permit supports approval of the request; and 2. Staff recommends approval. With the following condition: The limited power of attorney letter be renewed to contain a much later expiration date than April 1, 1998. The motion passed by a vote of 6 to 1, with Commissioner GOKEY voting no; and Commissioner THEANDER absent. (Chair THOMPSON declared a recess at 8:50 p.m. The meeting was reconvened at 9:00 P.M.) B. Case No. ANX-98-3 and Case No. WZ-98-8: An application from Tom Hartley for approval of an annexation of the area approximately located at 13500 West 44th Avenue in the county of Jefferson and initial zoning of the area to PID. The case was presented by Martin Omer who stated that the applicant was requesting annexation to the City of Wheat Ridge of approximately 51 acres of undeveloped land located in Jefferson County. He informed that the applicant has requested zoning of Planned Industrial District with a provision for two acres of commercial/retail land use. Planning Commission Page 5 04/16/98 Mr. Orner presented an overview of the case. He informed that the Colorado Department of Transportation property adjacent to the area in question would not be a part of the annexation; however, the road leading into the CDOT maintenance facility was a part of the application. The single access into the proposed industrial park would be built according to City standards, dedicated to the City and would be aligned with the Mt. Olivet Cemetery driveway. Mr. Omer informed that it was staffs conclusion that the annexation is in compliance with the City's Three Mile Plan. He stated that staff had reviewed the plan for setbacks, heights of buildings, landscaping and parking criteria and concluded that the plan was generally similar to the City's light industrial zone criteria. He presented an additional condition of approval that was not contained in the staff report which would require a minimum setback of fifty feet from any buildings on 44th Avenue, rather than the thirty feet presently contained in the zoning requirements. He informed that the applicant was in agreement with this condition. Mr. Orner reviewed results of agency referrals as well as a neighborhood meeting conducted by staff in conjunction with the applicant. He reviewed staff s findings which supported recommendation for approval of the annexation. In conclusion, he informed that staff recommended approval; that all notification and posting requirements had been met; and therefore, there was jurisdiction to hear the case. Discussion followed. Chair THOMPSON expressed concern about the possibility of semi- tractor trailer storage, expansion of the semi-truck stop, or semi-truck repair business occurring in the light industrial park. Commissioner SNOW expressed concern about the high percentage of blue grass contained in landscaping plan as well as the impact of the Tabor Amendment on revenue generated by the industrial park. Commissioner THOMPSON expressed concern about having only one fire access point. Mr. Omer explained that the Fire Department placed a stipulation on its approval of the single access to require all buildings to be equipped with fire sprinklers. Commissioner BRINKMAN expressed concern about communication towers being placed on the highest elevation of the property. Tom Hartley 22001 Golden Gate Canyon, Golden Mr. Hartley was sworn by Chair THOMPSON. He stated that he was the applicant for the Planning Commission Page 6 04/16/98 annexation and rezoning. He informed that the property is planned to be developed as light industrial with the exception of a parcel in the northeastern portion of the property next to the access road which would be a possible retail site for a convenience store and gas station. Mr. Hartley stated that there have never been plans for any truck stop related activities; however, as an industrial park there would be semi's serving various businesses in the park. He informed that the road was designed to accommodate semi-tractor trailers and featured a cul-de-sac at the end which would allow the trucks to turn around without having to back up. He addressed traffic impact at the park entrance and informed that the entrance would be designed according to recommendations of the traffic consultant. He noted that the road would be widened and have one lane for Mt. Olivet traffic, one for the industrial park, and one center lane for through traffic. Mr. Hartley responded to concerns about fire access and informed that the buildings will be required to have sprinkler systems because of the extreme difficulty in constructing another access into the park. He stated that the communication tower could be eliminated from the highest portion of the property. He also noted that gravel on the property had been mined and removed over thirty years ago. Commissioner BRINKMAN requested that no firearms sales or gun ranges be allowed on the property. Mr. Hartley replied that those uses had never been considered for the property. Chair THOMPSON asked if there were any individuals present who wished to address the Commission. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to recommend that the City Council APPROVE Case No. ANX-98-3, annexing to the City of Wheat Ridge unincorporated territory known as 44th Industrial Park, Parcel 1, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit "A" for the following reasons: The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the city to gain regulatory control of the development and usage of the subject property. With the following conditions: Planning Commission Page 7 04/16/98 The City Council shall call an election to ask the voters to decide whether the City can keep additional revenues generated by development on the annexed property. Should the southwest corner of 44th Avenue and the interior roadway be developed as a retail or commercial use, the property owner shall have prepared a traffic impact analysis acceptable to the City Department of Public Works which addresses the need for a traffic signal at said intersection. If a signal is warranted, the full cost of said signal implementation, being purchase and installation of the signal, shall be borne by the property owner. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to recommend that the City Council APPROVE Case No. ANX-98-3, annexing to the City of Wheat Ridge unincorporated territory known as 44th Industrial Park, Parcel 2, generally located south of 44th Avenue, north of highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit "A" for the following reasons: The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. (Chair THOMPSON declared a recess at 10:30 p.m.. The meeting was reconvened at 10:40 P.M.) Commissioner SNOW moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-8, an ordinance zoning certain property known as 44th Industrial Park, Parcel I and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44th Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and orderly development of the properties. Planning Commission Page 8 04/16/98 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following conditions: 1. The list of permitted land uses shall be restricted to those contained in Exhibit B with the following corrections: A. Page one, item 7 would be amended to read as follows: "A motor vehicle service station, gasoline filling station, car wash and convenience store, not including such facilities and services for semi-tractor trailers." B. Page 2: Omit item no. 13 and renumber item no. 14 to item no. 13. C. Page 2 under Use Area 1-A: Item no. 1 would be amended to read as follows: "Parking, excluding semi-tractor trailers. D. Page 2 under Use Area 1-A: Item no. 4 would be amended to read as follows: "Micro-cell or repeater Telecommunications Facility." E. Page 3 Parking: Item no. 2 would be amended to read as follows: "retail or wholesale areas, gas stations, motor vehicle repair facilities and similar uses, not including such facilities and services for semi-tractor trailers...." F. Page 5: Building Setbacks Area 1 & Area 1-A would be amended to add "Minimum Front Setback from 44th Avenue - 50 feet" G. Page 5: Item "g" would be amended to read as follows: "In case of multiple lot ownership by the same purchaser/owner, side setback and other related requirements as they would affect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H. Page 6, item no. 6: The word "ration" would be corrected to read "ratio". 1. Page 6: Item no. 7 would be amended to read: "All other turf shall be a blend of grasses native to this area." J. Page 6: Item no. 8 would be amended to read: "Other landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses." K. Page 7, item no. 14: The last line would be amended to change the word "County" to "City." Planning Commission Page 9 04/16/98 2. The applicant/owner shall be solely responsible for all public improvements as listed in Exhibit C. Said improvements shall meet the approval of the City's Public Works Director. 3. All requirements of the City of Wheat Ridge Department of Public Works as listed herein shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. Commissioner BRINKMAN offered an amendment to the motion that the words "as listed in Exhibit C" be omitted from Condition No. 2. The amendment was accepted by Commissioner SNOW. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. Mr. Hartley asked for clarification about semi-tractor trailer repair, stating that an industrial park, by necessity, would require some maintenance of semi-tractor trailers involved with the businesses in the park. He reiterated that he did not want to have a truck-stop in the development. Commissioner SNOW requested the Planning Director to review the final motions to ascertain if Mr. Hartley's concerns are addressed and, if not, those concerns could be dealt with during the City Council hearing. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS A. Nuisance Issue - Chair THOMPSON stated that she has received complaints about the house on property located at 42nd and Xenon and requested that staff investigate to determine if this property can be addressed under the public nuisance ordinance. B. Emergency phone Notification System - Chair THOMPSON expressed concern about possible abuses of this system and requested that staff investigate methods to safeguard the citizenry against abuse by unauthorized persons. Planning Commission Page 10 04/16/98 11. DISCUSSION ITEMS . A. Case No. ZOA-98-3: The City of Wheat Ridge is proposing to amend Sections 21-124(d) and 21-151-2 of the Courtesy Benches and Bus Stop Shelters portion of the Wheat Ridge Code of Laws, Zoning Ordinance to include shelters in the R-2 zones and to lift the 100-foot spacing from a house requirement. Sean McCartney presented this request for an amendment to the city code stating that the present ordinance prohibits the City's contractor, Outdoor Promotions, from completely fulfilling contract requirements to construct and maintain bus shelters in the City of Wheat Ridge. Mr. McCartney informed that in order to allow Outdoor Promotions to comply with the contractual agreement, the proposed amendment would allow for bus shelters to be located in single-family and two-family residential neighborhoods, while permitting advertisement on these structures. He noted that advertisement for shelters located in these districts would be reviewed by staff and limited to certain content and intent. Commissioner SNOW asked why only R-1 and R-2 zone districts were included. Mr. McCartney replied that this requirement could be changed. He stated that placement of bus shelters was intended to increase bus rider ship, and that there is a larger percentage of R-1 and R-2 zone districts. In response to a question from Commissioner SNOW, Mr. McCartney stated that City had not received any complaints in regard to the type of advertising contained in the bus shelters. He also informed that the shelters provide space for various City notices. Mr. McCartney commented that the contractor maintains the shelters very well; for example, the shelters are inspected on a weekly basis and graffiti is removed immediately. He stated that he is the City's representative to the Regional Air Quality Council for the City and that he believed the bus shelters would encourage bus rider ship thereby reducing automobile pollution. Commissioner BRINKMAN stated that she would like to see all residential areas included, rather than R-1 and R-2 only. Planning Commission Page 11. 04/16/98 Gary Young President of Outdoor Promotions Mr. Young was sworn by Chair THOMPSON. He presented maps depicting the proposed shelter locations and stated that most of the concerns expressed were addressed in the contract his company has with the City. He stated that his company does not have an interest in placing shelters directly in front of a house. He informed that property owners are notified before a shelter is placed in a location and the company would not place a shelter if the property owner were opposed. He informed that each shelter costs approximately $10,000 and that maintenance costs are approximately $1,200 annually. He also noted that bus shelters have been well received in communities throughout the metropolitan area to encourage bus rider ship. Commissioner S14OCKLEY asked if a property owner could request a change in advertisement if the property owner felt a particular advertisement was objectionable. Mr. Young replied that this was possible and further that a fax of each advertisement is sent to the City staff for approval before being placed in a shelter. Commissioner GOKEY stated that he was in favor of the amendment because he believed the City should do all it can to encourage bus rider ship. Following further discussion, there was a consensus of the Commission to support the amendment with the following restrictions: Concern was expressed as to whether the type of advertisement on bus shelters could be strictly enforced in regard to objectionable content in light of the First Amendment, and that staff be directed to consult with the City Attorney as to an opinion on this issue. 2. That the requirement for the contractor to place a shelter without advertising for every ten with advertising be retained, and that the contractor place the free shelters as quickly as possible. That the shelters be placed in all zone districts, and that in residential districts they be restricted to properties where uses include churches, schools, libraries, other public facilities and vacant land. B. Planning and Zoning Division Projects: There was a consensus to reschedule this matter for the Planning Commission meeting of May 7, 1998. C. Body Art Regulations: There was a consensus to reschedule this matter for the Planning Commission meeting of May 7, 1998. Planning Commission Page 12 04/16/98 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner BRINKMAN and seconded by Commissioner SHOCKLEY to adjourn the meeting at 11:55 p.m. Ann Lazzeri, Recording Secretary ce Thompson, Chir LJa Planning Commission Page 13 04/16/98