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HomeMy WebLinkAbout07/16/1998CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting July 16,1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on July 16, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. 3. ROLL CALL: Chair THOMPSON introduced new Commissioner Don MacDougall. Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins Dean Gokey Don MacDougall Tom Shockley Nancy Snow Janice Thompson Jim Dunn (excused) Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of July 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 Commissioner SNOW requested the following items be added under Old Business. 1. Proposed development at Saulsbury and Teller Streets 2. Sign Code 3. Brewer property Planning Commission Page 1 07/16/98 Chair THOMPSON requested the following item be added under Old Business Business Park at 44th and Eldridge It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to approve the agenda as amended. The motion carried 7-0, with Commissioner DUNN absent. 5. APPROVAL OF MINUTES The minutes of the July 2, 1998 Wheat Ridge Planning Commission were presented for approval. Commissioner SNOW offered the following amendments to the minutes: 1) Page 2, 6th line from bottom of page, should read "Applicant requested a variance...." rather than "Staff requested a variance....." 2) Page 8, second paragraph: Mr. White's name should be capitalized. It was moved by Commissioner GOKEY and seconded by Commissioner SNOW to approve the minutes as amended. The motion carried 5-0 with Commissioners MACDOUGALL and SHOCKLEY abstaining, and Commissioner DUNN absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. MS-98-04: An application by John Cillessen for the purpose of subdividing Wheat Ridge Industrial Center into two lots to allow sale of one lot. The property is located at 12200 West 52nd Avenue. (Continued from July 2, 1998.) This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered the zoning ordinance, subdivision regulations, case file, packet materials and exhibits into the record which were accepted by Chair THOMPSON. In conclusion, he stated that staff recommended approval of the request. Commissioner COLLINS expressed concern about handicapped parking spaces which, according to the plan, were located in the detention pond. He also wanted to know the capacity of the detention ponds on the property. Mr. McCartney replied that the Public Works Department reviews and approves drainage and detention plans during the building permit process. Commission Page 2 Chair THOMPSON requested that the handicapped spaces be relocated so as not to be in the detention pond. John Cillessen 13202 West 58th Avenue Mr. Cillessen was sworn by Chair THOMPSON He stated that he bought the property 1-1/2 years ago. He stated that an approved drainage study was performed by Lane Engineering. He explained that he had to pick up drainage from Lot 2 which was supposed to drain to the east and got reversed to drain to the west and then drains onto his access road. He therefore had to design larger parking lot ponds. He informed the Commission that there is money in escrow for future City right-of-way development. Commissioner SNOW asked how the drainage plan change occurred. Mr. Cillessen replied that it all took place before he bought the property. Commissioner SNOW asked if he was finished with landscaping in front. Mr. Cillessen explained that he has landscaped twenty feet from the curb which includes five feet of city right-of-way and noted that the biggest portion of weeds on the property are along an irrigation ditch. Commissioner BRINKMAN asked if the building on the back lot was sold. Mr. Cillessen replied that there is a sale agreement for the building but that it has not yet closed. Chair THOMPSON asked if there was anyone present who wished to speak concerning the case. There was no response. Commissioner COLLINS expressed concern about drainage that is presently going into a pasture that will probably be developed in the future. Mr. McCartney replied that drainage would have to be considered when plans are submitted for development of that property. Commissioner SNOW asked how two buildings were allowed on one lot. Mr. White replied that he checked back as far as 1974 and could not an explanation. He commented that approval of the two-lot subdivision would bring the property into conformance with code by having one building per lot. It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY that Case No. MS-98-4, a request for approval of a two-lot minor subdivision on property zoned Planned Industrial Development and located at 12200 West 52nd Avenue, be APPROVED for the following reasons: Planning Commission Page 3 07/16/98 I . Zoning on the property is Planned Industrial Development. 2. A subdivision is required to allow for individual ownership of the existing buildings. 3.. All requirements of the Subdivision Regulations have been met. Commissioner SNOW offered the following amendment: Condition No. 4: Language of all cross easements be approved by the City Attorney and recorded with Jefferson County. This amendment was accepted by Commissioners SHOCKLEY and GOKEY. The motion carried by a vote of 7-0, with Commissioner DUNN absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the Planning Commission request the Public Works Department to review the drainage situation and apparent problems on Lots 1 and 2 and determine if the City is able to alleviate those problems. The motion carried 6-1 with Commissioner SHOCKLEY voting no and Commissioner DUNN absent. B. Case No. WZ-98-12. An application by Marcie Emily for approval of a zone change from R- 2 to R-C to allow office or retail business for property located at 6410 West 44th Avenue was presented by Sean McCartney. Mr. McCartney reviewed the staff report and presented slides and overheads of the subject property. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair THOMPSON. In conclusion, he stated that it was staff s recommendation that the application be approved. Mr. McCartney stated that a neighborhood meeting was held on May 19, 1998 where Michael Constanten of 4335 Lamar Street expressed concern about parking and traffic on Lamar. Chair THOMPSON asked what would happen if the property were rezoned without a variance being granted. Mr. McCartney replied that the property would then become nonconforming. Marcie Emily 9080 West 32nd Avenue Ms. Emily was sworn by Chair THOMPSON. She stated her purpose for purchasing the property was to operate her real estate business. She felt that traffic impact would be minimal because only 25% of her clientele visit the office. Since she would not be able to utilize the entire space, she would probably sublet to an insurance business or similar kind of business. Planning Commission Page 4 07/16/98 In response to questions from Commissioner GOKEY, Ms. Emily replied that she purchased the property at the end of March and that she planned to have an irrigation system to maintain the landscaping. In response to a question from Chair THOMPSON, Mr. McCartney explained that landscaping is to be completed upon issuance of a certificate of occupancy; however the City does permit escrows and time frames for completion of landscaping. Tom Reck 9605 West 49th Mr. Reck, architect for the applicant, was sworn by Chair THOMPSON. He addressed the transitional nature of the neighborhood noting that all residential properties along 44th Avenue between Harlan and Pierce have been rezoned for commercial use with the exception of Ms. Emily's property. He stated that Ms. Emily's plan to upgrade the property for commercial use would be an enhancement to the community because the property is presently in a state of distress. He felt there would be very little traffic impact on Lamar Street due to the nature of her business. In response to a question from Commissioner GOKEY, Mr. Reck stated that landscaping for the property would take five to six weeks. Commissioner BRINKMAN requested that the applicant install a monument sign rather than a pole sign. Mr. Reek commented that, due to the nature of Mr. Emily's business, a sign on the building would probably be sufficient. Kathy Ratcliff 4380 Lamar Ms. Ratcliff was sworn by Chair THOMPSON. She expressed concern about increased traffic in her neighborhood. In response to a request from Chair THOMPSON, Mr. McCartney provided Ms. Ratcliff with a copy of the allowed uses in RC and RC-1 zone districts. Chair THOMPSON asked if there were others present who wished to address this issue. There was no response. Commissioner SNOW asked what the procedure would be if two properties were combined. Mr. McCartney replied that if the property is rezoned RC and the uses are compatible, it would be an administrative process to approve a building permit on a combined plat. In response to a question from Commissioner GOKEY, Mr. McCartney stated that the applicant also owns the property, directly south of the subject property. Planning Commission Page 5 07/16/98 Chair THOMPSON expressed concern regarding parking along residential streets which could result from this use. Mr. McCartney stated that the use is established as office use/retail and therefore requires five parking spaces, and that if Ms. Emily sold the property and someone else requested a use which would require more parking, a public hearing on a variance would be necessary. Commissioners SNOW and BRINKMAN expressed concern that the proposed use would not be compatible with the future land use plan in the area. Commissioner GOKEY commented that there are already five RC uses on the block. Chair THOMPSON expressed concern regarding RC uses that extend down a side street and asked staff to evaluate how far down commercial properties can encroach into a neighborhood. Commissioner GOKEY stated that he felt commercial would limit itself due to the fact that lack of access from a main thoroughfare is detrimental to a business. Mr. Recker addressed the Commission stating that the small size (approximately 1100 square feet of usable space) of the property is extremely restrictive, therefore limiting the uses, and that office space would be the only practical use for the property. Chair THOMPSON expressed her concern that if the property is sold, it could be combined with another property to accommodate a more intense use. Commissioner GOKEY agreed that if this lot were combined with the one behind it, there could possibly be a more intense retail use. Mr. McCartney stated that any use extending down the side street would have to be brought before the Planning Commission and City Council. Therefore, to regulate the depth would require approval of the Planning Commission and City Council. Chair THOMPSON expressed concern that precedents have already been set. It was moved by Commissioner SHOCKLEY and seconded by Commissioner BRINKMAN that Case No. WZ-98-12, a request for approval of rezoning from Residential-Two to Restricted Commercial for property located at 6410 West 44th Avenue, be approved for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. Parcels to either side are zoned Restricted-Commercial. 3: Minimal impacts are anticipated with the rezoning. 4. Approval of this request will allow for a positive redevelopment of this property. With the following conditions: 1. A six-foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line. Planning Commission Page 6 07/16/98 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasing space will be permitted within the garage area. Commissioner GOKEY offered the following amendment: Condition No. 3: All landscaping and irrigation features (to be consistent with the site plan document submitted to the Planning Commission) be completed at least sixty days after occupancy; and that, if this is not possible due to weather conditions, an escrow account be established until the work can be completed. This amendment was acceptable to Commissioners SHOCKLEY and BRINKMAN. Commissioner COLLINS offered the following amendment. Condition No. 4: That the fence be extended to Lamar Street in accordance with City codes and regulations. This amendment was acceptable to Commissioners SHOCKLEY and BRINKMAN. Commissioner SNOW stated that she would vote against the motion because, although she had no problem with the proposed use, the range of uses allowed in the RC District could have a considerable negative impact on the residential neighborhood adjacent to the south. Chair THOMPSON stated that she would vote against the motion for the same reasons stated by Commissioner SNOW and that she would prefer to see RC-1 zoning for this property. Commissioner COLLINS stated that he would vote against the motion because he preferred an RC-1 zoning for the protection of the neighborhood. The motion failed by a vote of 6-1 with Commissioner SHOCKLEY voting yes and Commissioner DUNN absent. Commissioner SNOW moved and Commissioner BRINKMAN seconded that Case No. WZ-98-12, a request for approval for rezoning from Residential-Two to Restricted- Commercial for property located at 6410 West 44th Avenue be DENIED for the following reasons: The range of uses allowed in the Restricted Commercial zone district could have a considerable negative impact on the adjacent residential neighborhood to the south. The motion carried by a vote of 7-0, with Commissioner DUNN absent. Commissioner SHOCKLEY expressed concern that the applicant has endured hardship because an RC-1 zoning was not recommended in the original application and suggested to Planning Commission Page 7 07/16/98 the Commission members that if more restrictive zoning is desired along 44th Avenue, that such direction be given to staff. There was consensus of the Commission to declare a short recess to allow the applicant to consider possible RC-1 zoning. (Chair THOMPSON declared a recess at 10:10. The meeting was reconvened at 10:15 p.m.) Chair THOMPSON advised the applicant that she had the option of taking the case to City Council for appeal. Marcie Emily advised the Commission that, after reading the list of allowed uses in RC and RC-1 zoning, that she would be willing to apply for an RC-1 zoning. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that the motion for denial of the request for Case No. WZ-98-12 be reconsidered. The motion carried by vote of 7-0, with Commissioner DUNN absent. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that Case No. WZ- 98-12, a request for approval of a rezoning and a request for approval of a variance, be continued to August 6, 1998; that the applicant be allowed to amend her application to change the request from Restricted-Commercial zoning to Restricted-Commercial-One zoning; that no additional fee be charged; and that the property be properly posted and published in accordance with City regulations. The motion carried by vote of 7-0, with Commissioner DUNN 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 Laws (continued from July 2). This case was presented by Alan White. He recommended that the case be tabled for reasons outlined in the staff report. Commissioner SNOW stated that if someone should come to the City within the next two weeks to apply for a PRD, she would like to see the process for computing net density clearly outlined. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that staff draft an ordinance to define net density to be included in all zone districts which specify a numerical density. The motion carried by a vote of 7-0, with Commissioner DUNN absent. Planning Commission - Page 8 07/16/98 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Saulsbury and Teller Development - Commissioner SNOW requested that staff investigate the storm drain situation in this area before the matter is heard by City Council. She stated that even though the nearest storm drain was reported to be at 26th and Pierce, she has recently learned that there is a storm drain at the intersection of the subject property. Mr. White commented that this matter may be coming before the Planning Commission again as a result of redesigning the property. B. Sign Code - Commissioner SNOW requested staff to investigate the large banners and signs at Friendly Ford to see if they are in compliance with the sign code. C. Brewer Property - Commissioner SNOW requested an update on the situation of whether or not the back property was being used for sales. Mr. White stated that staff sent a letter to the owner explaining that if such activity were taking place, it would be a violation of City regulations. D. Industrial Park at 44th and Eldridge - Chair THOMPSON expressed concern about approving an application when it was found necessary to place sixteen conditions on the approval. She wanted the City Council to understand that the Planning Commission had concerns with the amount of traffic which will be generated by the project as well as the safety of trucks turning in and out of the project. Commissioner GOKEY asked for clarification regarding fire protection for Case No. WZ-98-12. It was reported that the development was in the Arvada Fire Protection District, but is actually within the Wheat Ridge Volunteer Fire Department. Mr. White advised that staff would make that correction. 10. NEW BUSINESS There was no new business. 11. DISCUSSION ITEMS A. City Review of Schools - Mr. White referred to his memorandum of July 9, 1998 to the Planning Commission concerning the city's purview in reviewing plans for schools and the relationship between the charter school and R-1 School District, the summary of which was Planning Commission Page 9 07/16/98 that the Montessori School is a public school and the City has only the right of review and comment on any plans for school construction. Commissioner GOKEY expressed concern about the lack of City jurisdiction with the increase in charter schools which will result if the voucher system is ever instituted. Mr. White advised the Commission that a letter was sent to the school district advising them of the proper procedures to follow in notifying the City. Commissioners GOKEY and SHOCKLEY expressed their opinions that a method to provide early detection of potential problems by staff is necessary. MT. White advised that he will provide members of the Commission with copies of the letter from the school that outlines their funding, land ownership, etc. Chair THOMPSON suggested drafting a letter to State representatives expressing the City's concerns with problems associated with the changing school trends. Commissioner SNOW suggested bringing this before the Colorado Municipal League to see how other municipalities are dealing with this matter. Mr. White stated that he would send a memorandum to the city manager in this regard and that he would also contact the American Planning Association. B. Planning 1999 Budget - Mr. White referred to his memorandum containing potential goals for 1999 and asked the Commission members if they had additional items to add to the list. Commissioner GOKEY asked if there were plans to conduct planning and zoning procedure seminars. Mr. White stated that he is planning a session with the Planning Commission and the City Attorney in this regard. Commissioner BRINKMAN requested that split zoning be discussed during that session. Chair THOMPSON suggested that future development of Youngfield between 44th and Clear Creek be added to the list. Mr. White suggested adding the Wadsworth Corridor Study to the list of goals. Commissioner BRINKMAN suggested consideration of hiring an extra employee to cut down noxious weeds in city rights-of-way. Commissioner SNOW asked Mr. White to look into the possibility of subscriptions to the Colorado Municipalities Magazine for members of the Planning Commission. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 10 07/16/98 Chair THOMPSON commented that Commission members should contact the staff before the Planning Commission if they have any major changes to public hearing matters. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY that the meeting be adjourned at 11:35 p.m. The motion passed by a vote of 7-0 with Commissioners DUNN absent. Jilson , Chai C:\Bub=\PCRPTS\PLANGCOM\PCMA'UfE1998\980716.wpd Ann Lazzeri, Recording Secretary Planning Commission Page 11 07/16/98