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HomeMy WebLinkAbout07/02/1998CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting July 2, 1998 2. 3. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on July 2, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins Dean Gokey Nancy Snow Janice Thompson Jim Dunn Tom Shockley (excused) Alan White, Planning Director Martin Omer, Economic Development Specialist Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of July 2, 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 moved and Commissioner COLLINS seconded to approve the order of the agenda. The motion carried 5-0 with Commissioners DUNN and SHOCKLEY absent. 5. APPROVAL OF MINUTES The minutes of the June 18, 1998 Wheat Ridge Planning Commission were presented for approval. Commissioner SNOW offered the following amendments to the minutes: Planning Commission Page 1 07/02/98 1) Page 13, second paragraph, line 18: The word "swell" should be changed to "swail" 2) Page 14: Commissioner COLLINS' motion should be amended to read: "that the plan be amended to require a catch basin at the end of the retention pond to connect to the storm sewer." It was moved by Commissioner GOKEY and seconded by Commissioner SNOW that the minutes be approved as amended. The motion carried 5-0 with Commissioners DUNN and SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. WZ-98-11 (continued from June 4,1998): An application by 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. Chair THOMPSON asked if the variance should be addressed in a separate motion. Alan White replied that the subdivision had been designed with the cul-de-sac and was part and parcel of the entire package and therefore staff felt it should not be treated as a separate item. The case was presented by Martin Omer. He submitted the comprehensive plan, subdivision regulations, case file, packet materials, slides and exhibits into the record which were accepted by Chair THOMPSON. The application was related to Case Numbers ANX-98-3 (annexing the property to the City) and WZ-98-8 (creating the zone designation of Planned Industrial Development) which were approved by the Planning Commission on April 16, 1998 and the City Council on May 11, 1998. The subject application, WZ-98-11, comprises the final Planning Commission and City Council review which would divide the 51 acres of land into individual lots for development and create a recordable illustrated document of fixed development standards for the future construction on the lots. Applicant requested a variance of 3000 feet from the 500 foot maximum requirement of the City's subdivision regulations for a cul-de-sac with a total roadway/cul-de-sac length of 3,500+/-feet. The variance review criteria were outlined in the staff report. Mr. Omer presented slides of the subject property as well as overhead projections of the site plan. In reference to the planned commercial/retail use for two acres located to the southwest corner of 44th Avenue and the service road, he stated that this proposed development had been previously approved by Jefferson County before the 44 Eldridge LLC withdrew their application from the County and applied for annexation to Wheat Ridge. The application meets or exceeds the City's minimum standards for light industrial lot size criteria. As part of the platting there was dedication of right-of-way on 44th Avenue for a deceleration lane Planning Commission Page 2 07/02/98 for east-bound traffic entering the project area and an acceleration lane for east bound traffic exiting the project area. Mr. Omer outlined the concerns of various agencies as contained in the staff report. He stated that he contacted the Prospect Recreation District in regard to their concern that Clear Creek Trail access be considered in the development of the land, and learned that they wanted provision for a method in the future to provide access to the Clear Creek Trail system which is on the south side of 58th. Staff did not believe this could be done at this time but at some time in the future would work with interested parties to make some connection to the Clear Creek Trail. Prospect Recreation District also requested additional right-of-way for 44th Avenue on the south side for other trails and lanes for pedestrians and horses, and with the additional 10 feet of right-of-way, that could be addressed. Mr. Omer concluded his presentation by stating staff s recommendation for approval of the Preliminary and Final Development Plan, the variance and the Preliminary and Final Plat with several conditions as outlined in the staff report. (Mr. Omer reviewed those conditions for the benefit of members of the audience.) He noted two corrections to the staff report on page 8 and asked that the suggested motion to approve the Preliminary and Final Plat be changed as follows: 1. Approval of the Preliminary and Final Plat will NOT cause a substantial negative impact to City services and residents. 2. Approval of the Preliminary and Final Plat is in conformance with the City's Subdivision Regulations. 4. Approval of the Preliminary and Final Plat will result in a final development substantially similar to other light industrial development in the City of Wheat Ridge, subject to conditions following." Commissioner GOKEY referred to the slide which depicted cars parked on the west end of the property and asked if that area was planned to be used for parking and expressed concern that such parking would present a hazard for motorists driving out of the side road. Mr. Omer replied that the bus transportation company was using this area for employee parking and the applicant had indicated the transportation company might purchase that property from him to use for parking purposes. Commissioner SNOW referred to the letter from Mt. Olivet Cemetery Association expressing objection to the zoning and stated that the zoning has already been established. She asked if the Association had submitted any objections to the service station/convenience store prior to the City Council hearing. Mr. Omer replied that staff received the letter after the outline development plan had been approved by City Council. She asked if City Council specified how much land could be used for retail development. Mr. Omer replied that they approved approximately two acres for this use but the exact location was not specified. property. Commissioner SNOW asked the reasons for Jefferson County's request for ten feet of additional right-of-way on 44th Avenue. Alan White replied that Jefferson County needed the additional right-of-way to meet their standards for an arterial road, and stated that Planning Commission Page 3 07/02/98 with the additional ten feet, there would be a total of one hundred feet of right-of-way for 44th Avenue. Commissioner BRINKMAN asked if it was unusual for the Planning Commission to review a preliminary and final at the same time. Mr. Omer replied that it had been his experience that this was standard procedure. She expressed concern that the Wheat Ridge Parks & Recreation Department had not responded with comments on the plan. Mr. Omer replied that if they don't respond, staff considers that they have no concerns. She asked if there were any endangered species that would be affected by the development. Mr. Omer replied that studies did not reveal any endangered species. She asked if there would be access from the deceleration lane directly into the retail center to which Mr. Omer replied there would be no direct access for any lot onto 44th Avenue, but that access would be from the internal roadway. She asked if all of City Council's conditions had been incorporated into the subject plan. Mr. Omer replied that they were included. Chair THOMPSON asked if the Planning Commission could deny the service station/convenience store if it is found to be incompatible. Mr. Omer replied that City Council had already approved it in the Outline Development Plan. Chair THOMPSON requested that trail access be reviewed by Wheat Ridge Parks & Recreation Commission. She expressed concern about the increased traffic on 44th which already experiences heavy traffic associated with the cemetery and asked about the possibility of a traffic light at the intersection. Mr. Omer stated that the annexation agreement requires that if the developer does build the retail center, he is responsible for performing a traffic study and if a signal is required at that intersection, the developer must pay for full installation of that light. Chair THOMPSON expressed concern about motor vehicle repair facilities in the development and wanted to make sure the language was not too vague and would therefore allow servicing of semi-trucks. Mr. White stated that after discussion with the city attorney, he was assured that there could be no repair of semi-trucks in the development. She also expressed concern about having only one lane in and one lane out of the development. Commissioner GOKEY stated that he would like to see a plan showing the Colorado Department of Transportation's (CDOT) road interfacing with the development road before making a decision. He also commented that studies have found that convenience stores and service stations are not traffic generators. Mr. White Alan referred to the street plans and entrance way and stated that the street is drawn to be 30 feet; however, there is 50 feet of right-of-way which would allow for an additional lane. Commissioner BRINKMAN requested that wording in the final development plan and final development plat be consistent when referring to areas and tracts. Tom Hartley 22001 Golden Gate Canyon Road Mr. Hartley, the applicant, was sworn by Chair THOMPSON. He stated that he is the managing partner for 44 Eldridge LLC. He stated there was nothing he could add to Mr. Planning Commission Page 4 07/02/98 Omer's presentation and would welcome questions from the Commission. In response to a question from Commissioner GOKEY, Mr. Hartley explained that he does not own the land where the CDOT roadway intersects with the roadway and that a yield sign would be placed at that intersection. He further replied that there is enough room to create another lane at the entrance from 44th Avenue and would have no objection to doing so. Commissioner GOKEY commented that he would like to see a right-turn-out and a left-tum- out. In response to an earlier question by Chair THOMPSON, Mr. Hartley stated that CDOT has verbally approved the plan and written approval is expected to be received in the next few days. He also stated that stacking coming out of project to Youngfield is 800 feet; approximately 300 feet coming into the project from the east; and the deceleration lane going east on the south side of 44th is also 300 feet. In response to Commissioner GOKEY's questions about parking on the west end of the property, Mr. Hartley explained that the asphalt area shown in the slides where the cars were parked was actually the parking lot of Ace Express and not a street. He further stated that Ace Express was using that .7 acre of his ground for parking. He noted that since the railroad tracks run through the middle of this piece of ground, it is not a buildable lot and that Ace Express has expressed an interest in purchasing this ground. Commissioner GOKEY expressed concern about the exit onto 44th Drive. Mr. Hartley stated that it had to be on the west property line of that parcel because it can't be on the curve. Commissioner GOKEY asked if the intent for the service station/convenience store was to keep employees on the site rather than diving off-site for lunches, etc. Mr. Hartley replied that this was the intent and, in fact, the retail space was recommended by Jefferson County when he originally made application to them in 1997. He also noted that while CDOT objected to two entrances to the project, it was CDOT who instructed him to design it that way. In response to another question from Commissioner GOKEY, Mr. Hartley replied that he will sell lots to individual buyers who will be required to meet certain architectural standards for their buildings. Commissioner COLLINS asked about water flow from the retention ponds. Hartley said one pond near the CDOT access drains into Clear Creek and that there would be no excavation above the Reno Ditch. In response to a question from Commissioner COLLINS, Mr. Hartley replied that sheet drains would be used to direct water to retention ponds. Commissioner COLLINS asked about the chain link/barb wire fence along 44th Avenue. Mr. Hartley stated that he plans to remove this fence. Commissioner SNOW asked the location of the trail referred to by Prospect Parks & Recreation District. Mr. Hartley replied that the trail is on the south side of Highway 58 and is not on his site. He stated that when he contacted the District, he was informed that they send those form letters out on every request. He advised that he has entered a petition to be excluded from the Prospect Parks & Recreation Department and that if Wheat Ridge Parks and Recreation needs a walkway along the south side of 44th, he would be agreeable to such Planning Commission Page 5 07/02/98 a plan. Commissioner SNOW asked if the Wheat Ridge Parks and Recreation Department had sufficient time to respond to this matter. It was determined that, since notices were sent out in May, the Department had sufficient time to respond. Commissioner BRINKMAN stated that although she would not stipulate it as a condition, she was requesting that, should Lot 2 be developed as a retail area, the developer not allow huge light awnings to be constructed in order to restrict the lighting impact. Mr. Hartley replied that her point was well taken and commented that since no one has indicated an interest in this lot, there was a 50% chance that the retail development would not take place. Commissioner BRINKMAN asked for clarification on the date of the Fairmont Fire Protection District's letter contained in condition no. 4. Mr. Omer replied that the date of May 21 was correct, rather than April 16. Mr. Hartley requested that condition no. 3 include wording that the sprinkler system meet approval of the Fairmont Fire Protection district and NFPA standards. He also requested that condition no. 10 be amended to delete the requirement for parapet walls and to simply require screening. Chair THOMPSON suggested designing the entrance to the development in a manner which would be similar to that of Mt. Olivet Cemetery. Mr. Hartley replied that he thought this was a good point and would look into it. Chair THOMPSON requested that if a service station/convenience store is built, that banners and outside displays be restricted. (Chair THOMPSON declared a recess at 9:45 p.m. The meeting was reconvened at 9:55 P.M.) Chair THOMPSON opened the meeting to public comment and asked those who had signed the public hearing roster to appear before the commission. She noted that Phyllis Lewis had signed the public hearing roster indicating opposition to the application, but had left the meeting. Shirley Spencer 4430 Gladiola Street Ms. Spencer was sworn by Chair THOMPSON. She expressed concern about the additional traffic which would be generated by this project and suggested that the roadway be named West 43rd Drive. Commissioner GOKEY asked Ms. Spencer what she would like to see done with 44th Avenue in the future as the area develops. Ms. Spencer said it might need to become four lanes. Commissioner GOKEY asked if the City had any traffic plans for the area as it develops. Mr. Omer replied that with additional 10 feet on the south side there is room for another lane, and that since the stretch of 44th Avenue going west is in Jefferson County, it Planning Commission Page 6 07/02/98 will be necessary to work with the County when that time comes around. John McDonald 4498 Fig Street Mr. McDonald was sworn by Chair THOMPSON. Mr. McDonald is President of the Orchard Park Homeowners Association. He stated that he had attended several meetings regarding the development of this project, but was not aware of the plans for a service station/convenience store. He had no objections to the development other than the proposed service station/convenience store and, if that retail development were to occur, he would like to see the hours of operation limited. He expressed concern about the increased traffic generated by the development and felt that the service station/convenience store would only add to the increase in traffic. He also stated his opinion that the addition of a signal light would not alleviate traffic problems when there are already three lights in the area. Commissioner SNOW advised Mr. McDonald that the City Council had already approved the retail use and asked if he had any further recommendations. Mr. McDonald replied that he had no further recommendations. Mike Wright 6715 Terry Court, Arvada Mr. Wright was sworn by Chair THOMPSON. He stated that he is the Director of Mt. Olivet Cemetery. He stated that in November of 1997 he attended a meeting regarding the proposed development and, at that time, he could find no problem with the development. He did not attend the meeting in April 1997 and therefore was not aware of the proposed service station. He requested that the retail center be placed elsewhere on the property so that it would not be directly across from the entrance to Mt. Olivet. He stated that the cemetery could deal with increased traffic, etc., but was very concerned about the effect of the service station/convenience store on the ambiance of the cemetery entrance. He noted that no major cemetery in the metro Denver area has retail use outside its main gate. Chair THOMPSON asked if the approved plans required the service station to be located on Lot 2. Mr. White replied that the requirements are that one service station/convenience store can be developed on the property but does not specify an exact location. Chair THOMPSON asked if the Commission could direct the location of the service station. Mr. White replied that the Commission can require some refinements to the plan regarding signage, buffering, etc. Commissioner GOKEY asked Mr. Wright if it would be acceptable to him if the retail center were buffered. Mr. Wright said it would be okay with him, but since the land is so flat, he thought it would be very difficult to do. He reminded the Commission that the cemetery has been in existence for 106 years and that many people visit the cemetery for consolation. Chair THOMPSON asked if he had any suggestions regarding the intersection. Mr. Wright felt there needed to be another entrance onto 58th because 44th isn't designed to take that Planning Commission Page 7 07/02/98 kind of traffic. Chair THOMPSON commented that there is another entrance to the cemetery on the west. Commissioner GOKEY asked Mr. Hartley if he would be agreeable to adding landscaping and screening. Mr. Hartley replied that there needs to be some visibility for retail use. In response to the suggestion for an entrance onto 58th, Mr. Hartley stated that he had approached CDOT about this and was told that they would not allow any access onto 58th even for their own CDOT facilities. Mr. Hartley stated that he was sympathetic to the Cemetery's concerns and believed the only viable alternative would be to construct a high quality, all brick, landscaped facility which would reduce the visual impact. Chair THOMPSON commented that there was a choice of having the cemetery entrance face industrial loading docks or a nicely landscaped retail use. She asked Mr. White if construction on the lot could be addressed in the conditions of the approval. Mr. White replied that the Commission can place certain stipulations. Chair THOMPSON asked Mr. Hartley if plans included a car wash. Mr. Hartley replied that it would probably be a service station, drive-though car wash and convenience store with a deli. Commissioner GOKEY requested that when plans are developed for this retail space, that those plans be submitted to the Planning Commission for approval. Chair THOMPSON asked for a consensus from the Commission regarding the consideration of the variance. Commissioner SNOW stated that she would like to consider the variance separately. There was a consensus of 3-2 to consider the variance under a separate motion. Chair THOMPSON asked if a super-majority vote was required on the variance. Mr. White replied that the Commission would be subject to the same voting requirements as the Board of Adjustment which requires a super-majority vote and stated that in the subject case, it would require four affirmative votes to pass. Commissioner SNOW moved and Commissioner COLLINS seconded that in Case No. WZ- 98-11 a variance be approved to allow a cul-de-sac length of 3,500 feet for West 43rd Drive where there is usually a maximum of 500 feet allowed for the following reasons: The variance review criteria established in the Wheat Ridge Code of Laws has been fulfilled and support granting the variance. 2. The length of the cul-de-sac has been approved by the Fairmont Fire Protection District with the conditions set forth in their letter of May 21, 1998. 3. This appears to be the only feasible configuration for the road considering the topography of the site. The motion passed by a vote of 5-0. Commissioner SNOW stated that she would like to see a final road plan before giving final Planning Commission Page 8 07/02/98 approval. Commissioner GOKEY commented that he felt road design should be left to the engineers, designers and planners who are qualified to design and that the Commission can only make suggestions. Alan White stated that the road design has not been finalized and it would be appropriate for the Commission to include certain recommendations. Commissioner BRINKMAN expressed concern regarding the consideration of the preliminary and final development plan at the same time. There was discussion regarding the difference between preliminary and final development plans and preliminary and final plats. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-98-11, "Preliminary and Final Development Plan for property known as the 44th Industrial Park, be recommended for APPROVAL to the Wheat Ridge City Council for the following reasons: 1. Approval of the Preliminary and Final Development Plan is in conformance with the City's Comprehensive Plan designation for the area and the approved Outline Development Plan. 2. Approval of the Preliminary and Final Development Plan will result in a final development substantially similar to other light industrial development in the City of Wheat ridge, subject to the conditions which will be imposed on the Preliminary and Final Plat. The motion carried by a vote of 4-1, with Commissioner BRINKMAN voting opposed and Commissioners DUNN and SHOCKLEY absent. It was moved by Commissioner COLLINS and seconded by Commissioner GOKEY that Case No. WZ-98-11, Preliminary and Final Plat of property known as the 44th Industrial Park, including street designation of Local Industrial Roadway with a width of 50 feet and a cul-de-sac length of 3,500 feet for the internal roadway be recommended for APPROVAL to the Wheat Ridge City Council for the following reasons: Approval of the Preliminary and Final Plat is in conformance with the City's Subdivision Regulations. 2. The cul-de-sac length has received conditional approval by the Fairmont Fire Protection District. Approval of the Preliminary and Final Plat will result in a final development substantially similar to other light industrial development in the City of Wheat Ridge, subject to conditions which follow: Approval of the Preliminary and Final Development Plan and Preliminary and Final plat are subject to the following conditions: Planning Commission Page 9 07/02/98 1. All requirements of the City of Wheat Ridge Department of Public Works, including the drainage plan, shall be addressed to the satisfaction of the Department of Public works and prior to the City Council hearing date for this case. 2. A four-foot wide continuous sidewalk along the entire length and on the north side of the interior roadway shall be incorporated into the Final Plat. 3. Prior to recordation of the Final Plat, incorporation of a plat note stating that all buildings shall include a sprinkler system which meets the approval of the Fairmont Fire Protection District and NFPA No. 13. 4. The application shall meet all requirements of the Fairmont Fire Protection District including, but not limited to, the District's letter dated May 21, 1998. 5. Prior to the recordation of the Final Plat, there shall be incorporation of a plat note which states that no parking shall be permitted in the right-of-way of the interior roadway. 6. Prior to the issuance of any building permits, the developer shall be required to install no-parking signs along both sides of the interior roadway generally located adjacent to each side lot line. Maintenance of said signs shall be the responsibility of the commercial property owners association. Prior to City Council hearing for this case, the applicant shall submit a commercial property owners association document which adequately addresses: (a) the maintenance of the open space; (b) fencing adjacent to Highway 58; (c) the entry monumentation/signage adjacent to 44th Avenue; and (d) the maintenance of the no- parking signs. The applicant shall dedicate an additional ten feet of continuous right-of-way adjacent to and on the south side of 44th Avenue, to be shown on the Final Plat. The applicant shall be responsible for all public improvements. Said improvements shall meet the approval of the City's Public Works Director. 10. Additional criteria stating that all roof mounted equipment shall be fully screened and approved by the Planning and Development Department so as not to be visible from the interior roadway shall be included on the preliminary and final Development Plan for Use Areas 1 and IA. 11. The name of the road will be determined by City staff. 12. The roadway entering onto 44th Avenue must be re-engineered to incorporate a left- turn lane and a right-turn lane to accommodate semi-truck movements. 13. Upon development of Lot 2, a site plan regarding layout, landscape screening, Planning Commission Page 10 07/02/98 architectural values, and building materials so as to be compatible with the cemetery to the north and the concerns of nearby residents must be approved by the Planning Commission. 14. Areas and tracts must be reconciled between the Final Development Plan and the Final Plat. 15. Site development notes should reflect the correct zone district. 16. The Wheat Ridge Parks and Recreation Department must review and submit written comments before City Council review. 17. Exhibit "B" should read "trees of 2.5 inch caliber are to be used." Commissioner GOKEY requested that condition no. 13 include the specific requirements of the site plan which are to be addressed. This was acceptable to Commissioner COLLINS. Commissioner SNOW requested that reason No. 1. "Approval of the Preliminary and Final Plat will not cause a substantial negative impact to City services or residents" be removed and that the remaining reasons be renumbered. This was acceptable to Commissioner COLLINS and Commissioner GOKEY. The motion carried by a vote of 4 to 1 with Commissioner BRINKMAN voting opposed and Commissioners DUNN and SHOCKLEY absent. B. Case No. MS-98-4: Application by John Cillessen for approval of a two-lot minor subdivision for the property located at 12200 West 52nd Avenue. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that Case No. MS-98-4 be continued to the July 16, 1998 Planning Commission meeting in order to meet public notice requirements. The motion carried by a vote of 5-0, with Commissioners DUNN and SHOCKLEY absent. C. Case No. ZOA-98-05: An application by the City of Wheat Ridge for an amendment to Section 26-5.Definitions. for the definitions of Net and maximum Density within the Zoning portion of the Code of Ordinances. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that Case No. ZOA-98-05 be continued to the July 16, 1998 Planning Commission meeting and, further that Discussion Item "City Review of Schools" also be continued to the July 16, 1998 Planning Commission meeting. The motion carried by a vote of 5-0, with Commissioners DUNN and SHOCKLEY absent. 8. CLOSE THE PUBLIC HEARING Planning Commission Page 11 07/02/98 Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS There was no old business. 10. NEW BUSINESS There was no new business. 11. DISCUSSION ITEMS Alan White distributed copies of staff's analysis of Comprehensive Plan meetings and survey responses in preparation for the City Council/Planning Commission meeting to be held on July 29. Commissioner BRINKMAN requested that agendas be prepared for the meeting. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. . ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that the meeting be adjourned at 11:35 p.m. The motion passed by a vote of 5-0 with Commissioners DUNN and SHOCKLEY absent. ~ J ice Thompson, Chair Planning Commission 07/02/98 za-~~ Ann Lazzeri, Recording Secretary Page 12