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HomeMy WebLinkAbout05/07/1998CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 7,1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on May 7, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Resignation: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins Jim Dunn (excused - death in family) Dean Gokey Tom Shockley Nancy Snow Janice Thompson Gary Theander Alan White, Planning. & Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of May 7, 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 Commissioner SNOW requested that two items be added to the agenda under New Business: (1) Discussion of State Statute regarding the City's jurisdiction over construction and improvement of school buildings. (2) Discussion of the existing land use map. It was moved by Commissioner GOKEY and seconded by Commissioner SHOCKLEY to approve the agenda as amended. The motion carried by a vote of 6-0, with Commissioner DUNN absent. Planning Commission Minutes May 7, 1998 5. APPROVAL OF MINUTES The minutes of the April 16, 1998, Wheat Ridge Planning Commission were presented for approval. Commissioner SNOW requested the following amendments: Page 12, item 1 should be amended to read: "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." Page 12, item 3 should be amended to read: "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." It was moved by Commissioner GOKEY and seconded by Commissioner SNOW to approve the minutes as amended. The motion carried by a vote of 6-0, with Commissioner DUNN absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING Chair THOMPSON declared the public hearing open. A. Case No. WZ-98-6/Mountain Vista: An application by Baptist Home Association of the Rocky Mountains, Inc. for approval of an amendment to the Mountain Vista Retirement Village Planned Commercial Development (PCD) final development plan, with variances, for the construction of three duplex units (six independent living units) located at 4700 Tabor Street, Wheat Ridge, CO. Meredith Reckert presented the case as described above, and entered the zoning ordinance, case file and packet materials into the record. She advised that the property was within the City of Wheat Ridge, that all notification and posting requirements had been met, and there was jurisdiction to hear the case. Ms. Reckert reviewed the staff report and noted the report had been modified to reflect that the correct number of existing units within the development was 41 rather than 31 which was incorrectly stated in the final development plan submitted to staff. She informed that the final development plan proposed construction of three duplex buildings plus coverage of all open parking with carport structures. Two of the duplex buildings would be located at the very southwest corner of the property with carport structures and would displace existing Planning Commission Minutes Page 2 May 7, 1998 maintenance buildings. Setback variances would be required for the carports and the eastern structure (which had been shifted northwest to reduce the amount of variance needed.) The third duplex building would be located in the northwest portion of the site and would displace nine existing parking spaces, drive area and landscaping. The displaced parking would be relocated in front of the southern building. There would also be a need for a variance to allow 62 parking spaces rather than the 64 required by code. Ms. Reckert informed that staff made recommendations for overflow parking to be provided throughout the proj ect and for a pedestrian link to be installed between the north and south parts of the development. Ms. Reckert reviewed the variance criteria advising that required setback criteria from property line is 30 feet and the applicant was showing the most southern building as being 14.5 feet from southern property line. Carports in same area have setbacks of about six feet; therefore the setback variances request were for 15.5 feet and 24 feet. She reviewed the criteria used to evaluate a variance request and informed that staff recommended approval due to unique circumstances of slopes on the property and the excessive right-of-way along the frontage road. Ms. Reckert informed that staff recommended denial of the variance request which would allow 62 parking spaces instead of the 64 spaces required by code because there were other alternatives for parking available to the applicant. Questions and discussion followed. Commissioner SNOW stated that it was her recollection that the applicant had donated land to the Highway Department and referred to the ordinance which says that a land use does not become nonconforming if government action caused the problem. She asked if the Highway Department could grant the land back to the applicant. Ms. Reckert replied that the Highway Department rarely vacates any right-of-way. Commissioner SNOW requested an amendment to the map that would replace the words "Planned Community Development" with "Planned Commercial Development." Commissioner SNOW asked if they are losing parking spaces because covered areas are larger or because of the construction. Ms. Reckert replied that it was due to construction which would displace parking around one of the buildings. Commissioner GOKEY asked how many residents had automobiles. Ms. Reckert replied that although many residents do not own vehicles, the City must still follow the standards. Commissioner GOKEY asked if the drainage study was based upon the additional parking spots. Ms. Reckert explained that the applicant had an original drainage report for the overall site including the south side and did an addendum to original report for the new structures. Planning Commission Minutes Page 3 May 7, 1998 Chair THOMPSON expressed concern about visitors parking along the south curve causing restricted traffic flow. Ms. Reckert stated that her concern would be in regard to fire access. Commissioner SHOCKLEY asked if the city had considered any guard railing where Tabor from 44th comes up from the service road and directly across the street. Ms. Reckert explained that the State has jurisdiction in this matter but the City could make a recommendation for guard railings. Following further discussion, the applicant addressed the Commission. Ronald Heselton 7682 Saulsbury Street, Arvada, CO Mr. Heselton was sworn by Chair THOMPSON. He stated that he was Director of Special Projects with the Baptist Home Association and that he was representing Floyd Harrison. He informed that the Association would support any recommendations made by the Planning Commission. He stated that they were willing to go along with two additional parking spaces, but expressed surprise about the recommendation for a pedestrian walkway to connect the north and south areas because of the steep incline in that area. He informed that there was a bus to transport residents from the community center to the nursing home and that some residents also have their own cars. He stated that the parking spaces are usually half full and the only time there was a need for additional parking was during special events such as the monthly potluck and, at those times, people park along the south area opposite the parking spaces and still keep a clear lane of traffic flow. He requested that the Commission grant the variances in order for the Association to proceed with their project and noted that they wish to increase capacity because there is a two-year waiting list on the present buildings. Commissioner GOKEY referred to the pedestrian walkway and asked what the percentage of incline was where the walkway was proposed. Mr. Heselton replied that he estimated it to be 40%. Commissioner SNOW informed that ADA requires no more than 8.33%. In response to questions from Commissioner GOKEY, Mr. Heselton explained that they have not experienced any problems with drainage; that the units were built on concrete slabs; and that an estimated 10% of the residents used wheelchairs. Commissioner SNOW expressed concern that more handicapped parking spaces should be provided. Mr. Heselton explained that there are vans from such places as Denver Mobility which transport residents and that the Association also has a large van for this purpose. He also noted that none of the residents own handicapped vans. COLLINS asked why, with a two-year waiting list, they were not considering more than six units. Mr. Heselton replied that this was due to the land use issue and also that they were trying to create a continuum of care with an assisted living program connected to the nursing home where the present residents could be accommodated into assisted living and then into the nursing home as the needed. Planning Commission Minutes Page 4 May 7, 1998 Commissioner BRINKMAN expressed concerns about building "C" being squeezed into such a small area and suggested that the building be moved to the top northwest corner. Mr. Heselton replied that relocation would be extremely difficult because of the slope of the area. Commissioner BRINKMAN stated that she was not pleased with the location of the buildings having only 30 feet separation between buildings, and expressed concern that there was no buffering between that structure and the commercial building to the east. She suggested that buildings A and B contain another unit and eliminate the need for the third building. Mr. Heselton replied that while he appreciated her concerns, the buildings open up onto a central courtyard and that other buildings in the area face I-70 noise levels. He stated that they have tried to accommodate everything they needed into the best locations they could. Commissioner THOMPSON mentioned that patio homes in the new development off of 38th Avenue have only ten-foot separations. Ms. Reckert informed that the standard front setback requirement for new homes is thirty feet. Commissioner SNOW mentioned that single family homes have combined side yard setbacks of only 15 feet. She asked the applicant if it would be possible to make the structure smaller by having one one-bedroom unit and one two-bed room unit rather than having two two-bedroom units. Ms. Heselton replied that they like to provide two-bedroom units for the residents to provide for visitors. Commissioner GOKEY suggested making wider handicapped spaces for side loading vans. Chair THOMPSON suggested that handicapped spaces also be covered. Commissioner SNOW moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE that the request for approval of a setback variance next to right- of-way for property located at 4700 Tabor Street for the following reasons: A variance is required to allow construction on the property as shown on the development plan. 2. The topography of the site and the excess right-of-way along the frontage road have created unique circumstances so that there actually is sufficient ground between the proposed buildings and the road. The buildings that were in this location prior to this time were also within the required setback and there have been no problems. Planning Commission Minutes Page 5 May 7, 1998 4. A hardship does exist in that it is important to save the existing mature trees which help prevent slope erosion as well as lessen the interstate highway noise and also to alleviate the impact on the open space. The motion carried by a vote of 6-0 with Commissioner DUNN absent Commissioner SNOW moved and Commissioner GOKEY seconded to recommend to City Council that Case No. WZ-98-6, a request for approval of an amendment to a Planned community final plan for property located at 4700 Tabor Street, be APPROVED for the following reasons: 1. The proposal is consistent with the underlying outline development plan 2. All requirements for a PCD plan amendment have been met. With the following conditions: No parking be allowed along the northeast curve adjacent to building no. 5. 2. That handicapped parking space be moved to a safer location as approved by the planning director. Commissioner BRINKMAN stated that she would vote against the motion because of the close proximity of Building C to the road and to the other buildings and also because residents of Building 5 would have to walk farther to get to their cars. She stated that it was her opinion there is room to expand buildings A and B or to relocate the building somewhere else. Commissioner GOKEY commented that he did not want to see any further development on this site and asked if there were additional buildings proposed for in the future. Ms. Reckert replied that there would be no density left for additional buildings unless there was a rezoning process. The motion carried by a vote of 5 to 1, Commissioner BRINKMAN voting no and Commissioner DUNN absent. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to recommend that the City Council APPROVE the request for approval of a parking variance for property located at 4700 Tabor Street for the following reasons: Because of the age of the applicants and the less than average number of cars owned, parking spaces are rarely filled except for a once-a-month event. 2. Adding parking spaces would decrease the amount of landscaping available. Commission does not wish to consider this as establishment of a precedent for dissimilar properties. This property is unique in that it is one of the few providing affordable housing for seniors and because of the relative senior age of the residents. Planning Commission Minutes Page 6 May 7, 1998 Commissioner COLLINS stated that he did not feel the Commission should risk setting a precedent over two parking spaces. The motion failed by a vote of 3 to 3, with Commissioners BRINKMAN, COLLINS and SHOCKLEY voting no, and Commissioner DUNN absent. Chair THOMPSON declared a recess at 9:00 p.m. The meeting was reconvened at 9:05 p.m. B. Case No. WZ-98-9: An application from Daniel J. Mahoney for approval to rezone property located at 6185 West 38th Avenue from Residential-Three to Restricted Commercial The case was presented by Meredith Reckert. She entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record. She informed that the property was within the City of Wheat Ridge; that all notification and posting requirements had been met and there was jurisdiction to hear the case. Ms. Reckert informed that the purpose of the rezoning was for conversion of the building to a commercial use. The applicant currently resides on the property and, if rezoning is approved, the structure would be converted into a commercial office or a live/work situation where the owner would reside on the top floor and maintain an office in the lower level. She noted that if the property were redeveloped with the current zoning, four multi-family units would be allowed on the property. She advised that there was adequate graveled parking and drive area for the conversion; however to meet commercial standards these areas would have to be paved. Ms. Reckert informed that a neighborhood meeting was held on March 24, 1998 where one neighbor (Angela Cheer, 6165 West 38th Avenue) attended and stated that she did not object to the rezone as long as offensive uses such as liquor sales or adult entertainment were not allowed. Ms. Reckert pointed out that RC zoning does not allow these uses. Ms. Reckert reviewed the agency referrals and rezoning criteria and stated that it was staff's conclusion that the proposed rezoning was consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concluded that there was existing solid fencing and landscaping along the northern property line for buffering for adjacent residential property and therefore recommended approval with the condition that the gravel driveway and parking area be paved. Commissioner BRINKMAN asked if the entire parking lot would have to be paved. Ms. Reckert replied that only the ten parking spaces and driveway would have to be paved. Commissioner BRINKMAN asked if it would set a precedent to allow the owner to leave the gravel parking lot under the current use, but require paving if the use were to change to full commercial use. Ms. Reckert stated that it could be utilized with the present live/work situation without the paving. Planning Commission Minutes Page 7 May 7, 1998 Commissioner SNOW asked at what point the city could require paving. Ms. Reckert replied that if he were to change his business from residential to full commercial, a certificate of occupancy would be required and paving would be required at that time. Commissioner SNOW discussed whether or not the basement would be considered as a ground floor in order to comply with the ordinance. Ms. Reckert replied that she felt it would fit into the intent of the ordinance. There was also discussion of the square footage required for a residential unit within a commercial building. Commissioner SNOW discussed the comments made at the neighborhood meeting and asked if offensive uses might include small animal veterinary hospitals or pet stores. Ms. Reckert informed that she gave Ms. Cheer a copy of the zoning regulations in order for her to be completely informed regarding allowed uses. Chair THOMPSON commented that if the applicant is allowed to keep the graveled parking and driveway that the Commission should require the owner to properly maintain the gravel. Commissioner GOKEY asked the reason for staff's recommendation to pave the area. Ms. Reckert replied that it was commercial standard to prevent tracking gravel into the street as well as for safety issues. The applicant appeared before the Commission. Daniel J. Mahoney 6185 West 38th Avenue Mr. Mahoney was sworn by Chair THOMPSON. He informed that the property is unusual in that the house sits over to one side leaving a large space for parking and is easily accessible from 38th Avenue. He also noted that there is room for additional landscaping. He informed the Commission that he would rather not pave the parking area and driveway at this time. He also commented that the City has raised the street over two feet during the last 48 years which has created a problem. He asked if the City now requires paving from the street to back lot line, who is responsible for the drainage problem. Chair THOMPSON informed that this would be the responsibility of the property owner. Commissioner SNOW asked Mr. Mahoney what his intent was for use of the property. He replied that he is considering the following alternatives: (1) Operate his real estate appraisal business from his residence; (2) sell the property; or (3) rent the property for commercial use. There was discussion regarding the possibility of renting the lower portion to someone other than the owner. Ms. Reckert informed that conversion of the existing residence to commercial would constitute a change which would require a certificate of occupancy. Planning Commission. Minutes - Page 8 May 7, 1998 Chair THOMPSON asked if Mr. Mahoney would object to leaving gravel until such time as the use changes and paving would be required. He replied that he would not object since the alternative would be to pave it now and he would rather not do that. Following further discussion, Commissioner BRINKMAN moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-9, a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue for the following reasons: 1. It is consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned Restricted Commercial 3. Minimal impacts are anticipated with the rezoning. With the following condition: That the parking lot be paved if the commercial use of the property is changed from the existing owner. With the following comment: The Commission has reviewed the zoning district provisions which require the residential area to be in other than the ground floor, and considers the lower floor of this particular structure to be the ground floor. The motion carried by a vote of 6-0 with Commissioner DUNN absent. C. Case No. WZ-98-11: An application from 44 Eldridge, LLC for approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of developing an industrial park located at approximately 13500 West 44th Avenue. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-98-11 be continued to June 4, 1998. The motion carried by a vote of 6-0 with Commissioner DUNN absent. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Comprehensive Plan Review Meetines - Commissioner BRINKMAN requested copies of the results of these meetings be given to members of the Planning commission for discussion at a future date. Planning Commission Minutes Page 9 May 7, 1998 10. NEW BUSINESS A. Construction/Improvements of School District Buildings - Commissioner SNOW distributed copies of CRS 22-32-124 to members of the Commission and staff and referred to the language which stated "mandate that the school board advise the planning commission before they buy a building". She asked staff if any such notification had been received from the school district in regard to the Compass Montessori , school to be located on the former Garramone property. Alan white replied there had been no such communication received by the City. Commissioner GOKEY expressed his concern that there is a conflict in that private enterprises can operate under the cloak of the state. Commissioner SNOW suggested writing a letter to the school board advising them of this statute and requesting that this statute be taken into consideration in the future. She also requested that the City Attorney review these statutes to determine the City's jurisdiction.in such matters. ' Commissioner GOKEY commented that the voucher system could be instituted in the future and he expressed concern that a precedent could be set which says if the school receives funding from public schools, it lessens the community's jurisdiction in regulating traffic, etc. Commissioner SNOW moved and Commissioner GOKEY seconded that the City Attorney review the provisions of Colorado Revised Statute 22-32-124 specifically in regard to whether the R-1 School District has followed the procedures in that section, or any other statutes, prior to purchase of the Garramone property ; and if the School District was not in compliance, that a letter be written to them requesting proper procedures be followed in the future. The Commission requested that if the R-1 School District does not believe this section applies to them because they did not actually purchase the property, staff look into whether the City of Wheat Ridge has more jurisdiction than previously believed. Alan White noted that there were other related state statutes which apply to this matter. The motion carried 6-0, with Commissioner DUNN absent. B. Comprehensive Plan - Commissioner SNOW expressed concern that the new existing land use map has created some confusion for Wheat Ridge citizens. Following discussion, staff was directed to add a legend to the existing land use map to make it easier to understand. Alan White replied that staff would add a legend to the map. Planning Commission Minutes Page 10 May 7, 1998 11. DISCUSSION ITEMS Planning and Zoning Division Projects: The Planning and Development Department is asking the Planning Commission to prioritize and schedule a list of projects assigned to the division for completion. Commissioner SNOW referred to Item No. 10 on the Planning and Zoning projects List entitled "Planning Commission By-laws" and asked if it was mandatory that the by-laws be approved annually. Alan White responded that there was no requirement to approve the By- laws on an annual basis. Following further discussion, Commissioner SNOW moved and Commissioner COLLINS seconded that if an annual review of the Planning Commission By-laws is not required, that they remain in effect as they are presently written. The motion carried by a vote of 6-0 with Commissioner DUNN absent. Chair THOMPSON referred to Item No. 12 "Wind Powered Generators" and requested that this item be considered some time in the future as time allows. Chair THOMPSON referred to the tattoo and body piercing ordinance and suggested that discussion of this matter be delayed until such time as other municipalities draft ordinances that might give the City of Wheat Ridge some guidelines. Commissioner SNOW stepped down from the dais and addressed the Commission as a representative of the Comprehensive Plan Committee. She requested that density issues be added to the list. She stated that it was not the intent of the Committee that once you had fewer units on a piece of property that you could construct larger units. She requested maximum lot coverage to be addressed. She also asked that some time in the future, landscaping needs to be addressed in regard to usability such as places for picnic tables, etc. Ms. Snow requested that a creation of a new zone district of one-half acre be placed on the list. She suggested the possibility of discussing this at a July study session. Commissioner BRINKMAN commented that she attended the City Council/Comprehensive Plan Committee meeting and that there was discussion about adding another zone district: ER for Estate Residential, minimum one unit per half acre, and AER for Agricultural Estate, minimum one unit per acre. There was discussion as to whether there would be mass rezonings or if a newly created zone district would apply to new properties from the time the new zone district is created. Ms. SNOW also requested mass rezonings to be added to the list. Commissioner BRINKMAN referred to landscaping issue of 1-A intending not to encourage or allow larger units and stated that she would not support that issue because there was a Planning Commission Minutes Page 11 May 7, 1998 strong feeling presented at the Comprehensive Plan Review committee meetings that people do not want more regulations on what they can do with their property. Regarding the project listed as Annexations, Alan informed that he would like to go to Council when a petition comes in and rather than setting a hearing date, table the petition to give the Planning Commission time to conduct a hearing and then go back to City Council to set a hearing date. There was discussion regarding the alleviation of long waits for citizens to have public hearings. Following lengthy review and discussion, the following order was recommended for consideration of Planning and Zoning Projects: 1. Comprehensive Plan Review 2. R-O-W 3. Large Animals 4. Mass Rezoning 5. Zoning Regulations 6. Annexations 7. Subdivision Regulations 8. Dog Kennels 9. Industrial Regulations 10. Zoning Regulations: Special and Conditional Uses 11. Usable Landscaping in Open Areas 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to adjourn the meeting at 11:07 p.m. r Ann Lazzeri, ecordi g ecretary nice Thompson, Chair C:\Barbam\PCRPTS\PLANGCOM\PCMUVLUE\1998\980507.wpd Planning Commission Minutes Page 12 May 7, 1998