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HomeMy WebLinkAbout08/20/1998CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes Meeting ORIGINAL August 2 20, 1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on August 20, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins Don MacDougall Tom Shockley (Arrived at 8:00 p.m.) Nancy Snow Janice Thompson Jim Dunn (Absent) Dean Gokey (Excused) Alan White, Planning Director Sean McCartney, Planner Martin Orner, Economic Development Specialist Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of August 20, 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 Connnissioner BRINKMAN requested discussion of next Thursday's meeting under the Old Business portion of the agenda. Mr. White stated that he had some announcements to make under Old Business and New Business. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the agenda be approved as amended. Plahning Commission Page 1 08/20/98 The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner BRINKMAN moved and Commissioner MacDOUGALL moved to approve the minutes as presented. The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change from R- 2 to RC-1 to allow professional office or service uses. Said property is located at 6410 West 44th Avenue. (Previously heard as Case No. WZ-98-12.) This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. He entered copies of the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by chair THOMPSON. He reviewed the history of the case, stating that this case was previously heard as Case No. WZ-98-12 and, at that time, the applicant was requesting rezoning from R-2 to R-C. After the public hearing, the Commission decided that RC zoning was not restrictive enough and requested the case be brought back to the Commission with a request for RC-1 zoning. He stated that a neighborhood meeting was held on August 5, 1998. Mr. McCartney requested for the record that two additional criteria be included at this time since they were not listed in the staff report. These criteria are as follow: The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. In this case, the official zoning maps are correct and the property is zoned R-2 and is surrounded by C-1, RC-1 and RC properties. Therefore, this request is not to correct zoning maps. Planning Commission Page 2 08/20/98 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. Property in question is located on the southwest corner of West 44th Avenue and Lamar Street. West 44th Avenue is shown as a collector street and designated as transitional residential within the draft Wheat Ridge Comprehensive Plan. Also, surrounding properties to the northwest and east are retail-commercial and professional offices serving the adjacent residential neighborhoods. Therefore, based on the recent growth trends of the community, other zone changes and development transitions along West 44th Avenue, staff concludes that the proposed rezone of the property located at 6410 West 44th Avenue is compatible with land use and zoning along West 44th Avenue. Mr. McCartney concluded his presentation by stating that it was staff's recommendation that the application be approved with conditions as contained in the staff report. (Commissioner SHOCKLEY arrived at 8:00 p.m.) Commissioner BRINKMAN referred to the fact that the applicant also owns the property immediately adjacent to the south. She asked if a new zoning hearing would be required if the subject property is rezoned and the applicant later wants to rezone the adjacent property. Mr. McCartney replied that rezoning of the adjacent property would be a separate case and would require a separate rezoning hearing. Commissioner BRINKMAN asked, if the subject property is rezoned, would the staff look more favorably on rezoning the second property. Mr. McCartney replied that this would not be the case because of the requirements of the Comprehensive Plan. Mr. White reviewed the uses allowed under the RC-1 zone district Marcie Emily 9080 West 32nd Avenue Ms. Emily, the applicant, was sworn in by Chair THOMPSON. Ms. Emily stated that she had nothing to add to Mr. McCartney's presentation. Commissioner SNOW asked the applicant if it were her intent to expand the use of the property to retail use now or in the future. Ms. Emily replied that she was thinking about adding an insurance business or similar business that would not generate a lot of traffic since the site does not contain much parking. Richard Hall 4375 Lamar Street Mr. Hall was sworn in by Chair THOMPSON. He stated that he was in favor of the application which would allow improvements to the property thereby enhancing surrounding property values, and would be compatible with the rest of the businesses on 44th Avenue: Planning Commission Page 3 08/20/98 Ida May Norton Jim Norton 4360 Marshall St. 4360 Marshall St. Mr. and Mrs. Norton were sworn in by Chair THOMPSON. Mrs. Norton stated that their property did not abut Ms. Emily's property but had a clear view of the property. She stated that she and her husband would like to see the subject property be kept as office use and that no commercial use be allowed down the side street. She also asked that no daycare facility be allowed on the property. She was also in favor of a 6-foot fence behind Ms. Emily's property. Commissioner SNOW asked if Mr. White could envision this property being used for retail. Mr. White replied that he could possibly see something like an antique store, but certainly nothing like a convenience store. Chair THOMPSON asked if there were other individuals present who wished to address this issue. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that Case No. WZ-98-14, a request for approval of a rezoning from Residential-Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, be recommended to the City Council for APPROVAL for the following reasons: 1. There have been significant changes in the neighborhood since prior zoning was established. 2. The plan and rezoning is consistent with both the existing and draft Comprehensive Plan. 3. Parcels to the northwest are zoned Restricted Commercial-One. 4. Minimal impacts are anticipated with the rezoning. With the following conditions: 1. All uses in the Restricted Commercial One zone district be allowed with the exception of preschools and day nurseries. 2. A six-foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line to Lamar Street. 3. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable business space will be permitted within the current garage area. The motion carried by a vote of 5-0 with Commissioner SHOCKLEY abstaining and Commissioners DUNN and GOKEY absent. Commissioner SNOW asked if the applicant was charged for the new application. Mr. White informed the Commission that Ms. Emily was not charged for this application.. B. Case No. WZ-98-15: An application by Bolle, Inc., for approval of an amendment to Pacifica Development Properties II, LLC, PID Final Development Plan with a setback variance to allow Planning Commission Page 4 08/20/98 an additional freeway-oriented, freestanding sign with a 7-foot setback. The property is zoned PID and located at 9500 West 49th Avenue. This case was presented by Martin Omer. He reviewed the staff report and presented slides and overheads of the subject property. He entered the comprehensive plan, zoning ordinance, case file, packet materials, slides and exhibits into the record which were accepted by Chair THOMPSON. Mr. Omer stated that the staff report indicated that the square footage of the sign face is 150 square feet when, in fact, the actual size is 137 square feet. He also referred to a letter of concern from the City of Arvada (contained in the staff report), and informed the Commission that after the letter was received, the City of Arvada verbally requested that their letter be withdrawn. In conclusion, he stated that it was staff s recommendation for the application to be approved with conditions as outlined in the staff report. Commissioner SNOW expressed concern about the 45-foot height of the proposed sign and asked if there would be a retail business associated with Bolle's facility as the sign code prohibits signs over 25 feet unless retail is involved. Mr. Omer replied that the applicant would address this issue. Commissioner COLLINS asked about the maximum sign criteria for the Pacifica development. Mr. White replied that there is a maximum of 400 square feet for the entire development. The proposed sign would leave 75 square feet for any additional businesses in the development should Bolle's request be approved. Commissioner BRINKMAN asked what would happen to the existing light pole which provides light for the entryway should the application be approved. Mr. Omer replied that the applicant would address that question. Chair THOMPSON expressed concern about visual impacts which would be placed upon the adjacent apartment units. She was concerned that the sign would shine directly into the windows of those apartments. Mr. Omer stated that notices were sent to the owner of the apartments and there was no response. He noted that no negative response had been received in response to any notices sent out regarding this application. Chair THOMPSON expressed concern about setting a precedent along the I-70 corridor. Mr. Omer replied that he didn't believe there were very many sites in the City of Wheat Ridge with the unique limitations involved in this situation. He also stated that should CDOT make changes to I-70 in this area, the City will want to make sure that economic viability of businesses along the corridor will not be affected. Planning Commission Page 5 08/20/98 Mr. White also pointed out that, if this were not a PID, the zoning code would allow a 50-foot i tall sign and, therefore, did not believe there would be a concern with setting a precedent. Commissioner MacDOUGALL asked if all the buildings in the development were occupied. Mr. Orner replied that the applicant plans to address this question. Mr. Omer stated for the record that he believes Bolle is an exceptional new arrival to the City of Wheat Ridge in that it is a well recognized international company, and the suggested condition that provides the sign to be removed should Bolle vacate the development, provides some protection to the city. Tom Reed 31398 Tamarisk Lane, Evergreen, CO Mr. Reed was sworn in by Chair THOMPSON. He stated that he is chief financial officer and chief operating officer for Bolle America. He presented a history of his company and stated that the subject facility is the world headquarters for Bolle and that the company does $80 million in annual sales. He stated that the requested sign would be extremely beneficial to the company in order to let people know where they are located. He stated that the company plans to lease the only remaining space in the Pacifica Development for a retail outlet; however, such retail space lease would be contingent upon receiving approval of the sign. Commissioner BRINKMAN asked if they planned to maintain the landscaping around the sign. Mr. Reed replied that their company represents a premier product and they have no intention of letting the property look unmaintained. BRINKMAN asked about the existing light pole. Mr. Reed showed the drawing of the proposed sign to the Commission pointing out that the light will be mounted on one of the poles of the new sign. Chair THOMPSON asked if the sign could be less than 45 feet in height. Mr. Reed stated that this is the minimum height needed to gain visibility from west-bound I-70. Commissioner BRINKMAN asked that, if the sign is approved, were there plans to have the Bolle name on the existing monument sign on the west end of the development. Mr. Reed replied that they did not plan to place their name on the sign. He also advised that the colors for the sign have been finally determined to be black and white. Commissioner SHOCKLEY asked if they planned to add any additional signs such as "retail facility on location" to the proposed sign. Mr. Reed replied that there would be no additions to the sign as proposed. Jim Liley 2930 West Ninth Avenue, Denver Mr. Liley was sworn in by Chair THOMPSON. He stated that he has been with the Gordon Planning Commission Page 08/20/98 Sign Company for the past twenty years. While he expressed appreciation for concerns raised by the Commission regarding the PID, he pointed out that regular zoning would allow a 230- square foot sign based upon Bolle's occupied space. He felt they have complemented existing signs along this corridor and as well as existing signs in the development. In regard to the concern expressed about lighting impact on the adjacent apartments, he stated that only the white "Bolle" letters would be illuminated at night and should not present a hardship to the tenants. He also noted that notices of the sign application were sent to 156 property owners in the area and he only received one call from a person who did not object to the sign. He also noted that the sign would not be visible to residents to the north. Commissioner SNOW expressed concern about the height of the sign. Luanne Williams 7305 Grandview, Arvada Ms. Williams was sworn in by Chair THOMPSON. She stated that she represented the Northwest Metro Chamber of Commerce and expressed support of the application. She stated that Bolle was also considering locating in the Coors Technology Center in Jefferson county, but chose the Pacifica location specifically because of the I-70 frontage. Commissioner SNOW again expressed concern about the height of the sign. Mr. White advised the Commission that a separate motion would be required for the variance and would require a super-majority vote. Commissioner BRINKMAN moved and Commissioner SHOCKLEY seconded that Case No. WZ-98-15, an amendment to Final Development Plan for Pacifica Development Properties II, LLC, Planned Industrial Development Final Development Plan for the erection of one additional freestanding freeway oriented sign, internally lit, with a maximum height of 45 feet and a maximum sign face square footage of 137 feet per sign face, for property located at 9500 West 49th Avenue, be recommended for APPROVAL to the Wheat Ridge City Council for the following reasons: A hardship exists to the property associated with this case, being that significant physical constraints limit the visual access of this site compared to other similarly situated and zoned development projects along the highway corridor. The City, property owner and applicant will benefit from approval of this case, which approval is expected to result in the retention of this user at this location with related employment and economic benefits to the City. Approval of the amendment will not change the overall nature, intent or character of the approved PID or the Final Development Plan. Planning Commission Page 7 08/20/98 Commissioner SNOW commented that she would like to ensure the retail space lease is signed before the sign could be erected. The applicant appeared before the Commission. Ken Darcy 9500 West 49th Avenue Mr. Darcy was sworn in by Chair THOMPSON. He stated that he was vice president and general manager of Bolle. Chair THOMPSON asked Mr. Darcy to address Commissioner SNOW's comment. Mr. Darcy stated that the lease for the retail space is in the process of being finalized but will not be signed unless the company receives approval for the sign. He expressed concern about entering the company into $600,000 debt without the signage necessary to operate from that building. Mr. Reed and Mr. Darcy also pointed out to the Commission that Belle is a service business and that the 45-foot sign would therefore meet Code requirements for a service or retail oriented business. Commissioner SNOW offered the following amendment: That the requirements of Section 26- 410 E(I) be satisfied prior erection of the sign. The amendment was acceptable to Commissioner BRINKMAN and Commissioner SHOCKLEY. The motion passed by a vote of 6-0, with Commissioners DUNN and GOKEY absent. Commissioner BRINKMAN moved and Commissioner SNOW seconded that Case No. WZ- 98-15, a setback variance of 23 feet from the 30-foot minimum requirement for the erection of one additional freestanding freeway oriented sign, internally lit, with a maximum height of 45 feet and a maximum sign face square footage of 137 feet per sign face for property located at 9400 West 49th Avenue, be recommended for APPROVAL to the Wheat Ridge City Council for the following reasons: Approval of the variance will not change the overall nature, intent or character of the approved PID of the Final Development Plan. Approval of the variance, along with the Recommended Conditions of Approval, is not expected to cause a substantial negative impact to City services or residents. With the following conditions: 1. Per the Public Works Department, sign placement shall meet the sight distance triangle requirements as specified in the City code. 2. Per the Wheat Ridge Police Department, the solid base of the sign shall be finished with Planning Commission Page 8 08/20/98 an anti-graffiti sealant. Should the applicant for this case, being Bolle Sunglasses, vacate their administrative offices and future retail operation occurring on this site, the subject sign and associated poles or supports will be completely removed from the premises and that the existing light be restored. Commissioner SNOW commented that she does not agree that the sign should have to be removed upon Bolle's vacation of the property, because any business moving into that space would also need a visible sign. Chair THOMPSON expressed concern that all tenants are treated equally. Following further discussion, Commissioner BRINKMAN amended condition no, 3 to read as follows: "Should the applicant for this case, being Belle Sunglasses, vacate their administrative offices and future retail operation occurring on this site, the sign would remain and be available to future tenants with the same restrictions to other future users." The motion passed by a vote of 6-0, with Commissioners DUNN and GOKEY absent. (Chair THOMPSON declared a recess at 9:35 p.m. The meeting was reconvened at 9:45 p.m.) 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Mr. White stated that he discussed the school site selection and construction issue with planning directors of the County who were quite familiar with the problems and shared the same frustrations as the City of Wheat Ridge. 10. NEW BUSINESS A. Commissioner BRINKMAN stated that since she would be unable to attend next Thursday's meeting, she would provide written comments and concerns to be distributed at the meeting for consideration. B. Mr. White announced that a public hearing regarding mass rezoning will be held on September 15, 1998. The Planning Commission hearing will be held October 22, 1998. C. Mr. White suggested holding a 6:00 p.m. dinner meeting on October 1, 1998 for the Planning Commission and the City Attorney to address various planning issues such as Planning Commission - Page 9 08/20/98 split zoning, etc. It was a consensus of the Commission to hold the meeting if a sufficient number of Commission members would be present. D. Mr. White announced that the September 17, 1998 Planning Commission meeting has been canceled due to a conflict with the State Planning Conference which will be held in Estes Park on that date. 11. DISCUSSION ITEMS There were no discussion items. 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 10:08 p.m. Ann Lazzeri, Recording eci tary E nice Thompson, Chai C:U3 ,ba.TCRPTS\PLANGCOM\PCMINUTE\1998\980820,ryd Planning Commission Page 10 08/20/98