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HomeMy WebLinkAbout09/03/1998CITY OF WHEAT RIDGE PLANNING COMMISSION ORIGINAL Minutes of Meeting September 3, 1998 2. 3. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on September 3, 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 Don MacDougall Tom Shockley (arrived at 7:35 p.m.) Nancy Snow Janice Thompson Jim Dunn (absent) Alan White, Planning Director Bob Goebel, Director of Public Works Greg Knudson, Development Review Engineer Martin Omer, Economic Development Specialist Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of September 3, 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 MINUTES The minutes of the August 20, 1998 Wheat Ridge Planning Commission were presented for approval Commissioner COLLINS moved and Commissioner SNOW seconded to approve the minutes as presented. The motion carried by a vote of 5-0, with Commissioner GOKEY abstaining and Commissioners DUNN and SHOCKLEY absent. Planning Commission Page 1 09/3/98 5. PUBLIC FORUM Chair THOMPSON asked if there was anyone present who wished to discuss any. subject not appearing on the agenda. The following individual appeared before the Commissiori: Lew Higgins 3720 Yukon Street Mr. Higgins stated that he had heard rumors that a high profile retail center is being planned for the present Chesrown Ford property. Chair THOMPSON informed Mr. Higgins that this issue should be addressed under the public comment portion of the public hearing on Case No. WZ-98-13. 6. PUBLIC HEARING A. Case No. WZ-98-13: An application by The Chesrown Automotive Group for approval of a Planned Commercial Development amended Outline Development Plan and a Planned Commercial Development combined preliminary and Final Development Plan. Said property is zoned PCD and located at 3601 Wadsworth Boulevard. This case was presented by Alan White. 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 stated that the property was within the City of Wheat Ridge, all notification and posting requirements had been met and, therefore, there was jurisdiction to hear the case. Chair THOMPSON referred to the court action mentioned in the staff report and asked Alan White to review, for the record, the reasons for that court action against Chesrown. Mr. White explained that summonses had been issued to Chesrown for various code violations and that after several pretrial meetings, the matters were settled out of court. The citations concerned violations of the original temporary use permit (T UP) in regard to requirements for screening and installation of an emergency gate. Part of the TUP approved by the Board of Adjustment was that no portion of the site outside the parking lot was to be disturbed; however, a 404 permit to do work in the wetlands was subsequently approved by the Corps of Engineers. There was also failure to obtain electrical permits for installation of the parking lot lights and a couple of other infractions. He further stated that all of the stipulations up to submitting the outline development plan request by June 1, 1998 had been met and that the wetlands process is ongoing. Commissioner SNOW asked for further explanation about an agreement with Wheat Ridge Plaza in regard to Yukon being opened. Mr. White explained that there is an emergency access which comes in right next to the entrance to Valencia. That development plan Planning Commission Page 2 09/3/98 amendment provided that when this property developed, the City would require dedication of Yukon Street and this emergency access would be dedicated to the City as a street. Commissioner SNOW asked what the proposed circulation for the site would be if Yukon Street were not opened. Mr. White replied that there is potential for some drive aisles which would function as connections through the development and perhaps be directed onto Yukon Court. Commissioner SNOW asked for explanation of the swale in the middle of the wetlands. Mr. White replied that the applicant could address that issue. In response to a question from Commissioner SNOW, Mr. White replied that the City of Wheat Ridge does not receive any sales tax from car sales other than from those sold to Wheat Ridge residents. Commissioner BRINKMAN asked if it were necessary to enter into the record the 34th Avenue shallow water assessment which was done by the City of Wheat Ridge. Mr. White responded that it is already included in the case file which had been entered into the record. Commissioner BRINKMAN asked when the applicant was advised of the shallow water assessment. Mr. White replied that it was probably a few days after the City received it. Bob Goebel stated that the date of the report was June 30, so the applicant probably received it during the first part of July. Commissioner BRINKMAN asked if the presented outline development plan and the preliminary and final development plan were in conformance with findings of the recent Wadsworth Corridor Study. Mr. White replied that this question would be difficult to answer because the Wadsworth Corridor Study is just in the early stages. Commissioner BRINKMAN referred to one of the stipulation agreements which required the applicant to make modifications determined by the City or Army Corps of Engineers necessary to bring the wetlands plans into conformance with the City drainage and erosion control standards, and asked if that had been completed. Mr. White replied that it had not been done because of the complications with the hydrological study. He stated that the applicant had not had time to perform a thorough analysis of the study, but that he anticipated this requirement would be met. Commissioner BRINKMAN asked if, based on the proposed location of the wetlands and the shallow water assessment on 34th Avenue, it could be assumed that it would be difficult for water to get from the back to the front of the site and get under Wadsworth. Mr. White replied that he understood that it was subsurface movement of water, so effect on the wells need to be investigated. Commissioner BRINKMAN asked if pumping of the surface water affected the subsurface water and drainage into the other wells. Mr. White replied that this was correct and that there was a pump at the corner of the ditch to pump water across 35th Planning Commission - Page 09/3/98 Avenue into a storm sewer which the City's consultant felt had an impact on the well situation. Commissioner COLLINS asked if the applicant had building permits for the work they've done. Mr. White replied that the paving and electrical permits have been done. Commissioner COLLINS asked if the applicant had a permit for the pump as well as an easement across the City street? Mr. Goebel replied that the applicant was issued a permit by the Colorado Department of Transportation to allow a temporary pump situation within the CDOT right-of-way. Commissioner COLLINS requested a copy of the CDOT permit. Chair THOMPSON asked, for the record, to know the street designations for 35th Avenue and Yukon Street. Mr. Goebel replied that they are classified as local residential streets. Chair THOMPSON asked if local residential streets allow semi trucks for deliveries. Mr. Goebel replied that it depended upon whether the street was a connector or an alley type of street and such streets would be designated as Class 8-13 or C. Chair THOMPSON asked if Yukon or 35th would be designated as a Class 8-13 or C street. Mr. Goebel replied that they were not but were designated as Class 7 residential streets. Chair THOMPSON stated that she sees a problem with moving the light from Allison to Yukon because of the traffic stacking which occurs when 38th Avenue is busy. Mr. Goebel replied that traffic from Allison Street could possibly be impeded; however, it had not been studied at this point. Chair THOMPSON asked about a light on 35th Avenue. Mr. Goebel stated that CDOT would probably not allow a signal at that location. Chair THOMPSON asked if Mr. Goebel supported moving a light to Yukon. Mr. Goebel replied that a study has not been completed but such a light would probably be a recommendation from the Wadsworth Corridor Plan to allow for alternative north/south traffic movement from Wadsworth. Chair THOMPSON expressed concern about buffering protection of neighbors to the south of the subject property. Mr. White replied that there was required landscaping for a public street. Chair THOMPSON asked that if the applicant's lease were to be renewed in seven years, would the possibility exist that both pieces of property could be used as a car dealership. Mr. White replied that it could possibly result in one large dealership. Chair THOMPSON stated that if that should occur, she would like to see restrictions on loud speakers, banners, semi truck delivery as well as access to and from 35th Avenue and also Yukon Street adjacent to residential property. Chair THOMPSON asked if the City could have a guarantee that the parking lot would be for employee parking only. Mr. White replied that it would be an appropriate condition for the final development plan. Planning Commission Page 4 09/3/98 Chair THOMPSON asked if the auto dealership could have an auto body shop if the southern portion of the property were to became an auto dealership. Mr. White replied that it would depend on whether or not it was an allowed use under C-1 zoning. Commissioner SNOW read from the code which states that body repair and painting is allowed in C-1 zone districts as a conditional use. Mr. Goebel stated a correction to the date that Chesrown Automotive Group received the groundwater report. He stated that Chesrown would have received this report the first or second week in August rather than the first week in July. Dick Scheurer 143 Union Boulevard, Suite 165, Lakewood Mr. Scheurer was sworn in by Chair THOMPSON. He was appearing on behalf of the applicant and stated that Todd Maul of Chesrown Automotive Group, and Dean Harper of DHM land planning consultants were also present to address the Commission. He presented history of the case stating that he was contacted by Todd Maul in December of last year who told him that he had inherited a situation with Chesrown Ford where he had to deal with a complaint filed against the dealership by the City of Wheat Ridge and needed consultants to assist in solving the issues. He agreed to represent Mr. Maul and investigated the situation. He learned that the dealership had constructed a parking lot to alleviate the problem of employees parking on residential streets. This parking lot was in violation of the zoning ordinance and the official development plan in effect at that time because the area covered by the parking lot was in a building envelope which was provided for in the approved Outline Development Plan (ODP). It was determined that in order to make the parking lot legal, an amendment to the ODP would be required. A temporary use permit (TUP) was obtained to tide the applicant over to the current process being addressed by the Planning Commission. He further stated that some of the conditions imposed by the Board of Adjustment in granting the TUP had not been met and, therefore, he and the applicant made an immediate assessment early this year to determine exactly what issues had not been complied with and worked with the City Attorney to make a list of everything needed to bring the applicant into total compliance with the terms and conditions of the TUP. He stated that a drainage and erosion control plan was accomplished as well as amendments to that plan as suggested by City staff, and that landscaping and vegetation plans were accomplished by DHM consultants in a timely manner. It was agreed that Chesrown would come back to the City by June 1 with a plan to do whatever was necessary to legalize the parking lot as it was intended to be originally when the TUP was granted. He stated that the building envelope had been removed so that it is no longer in conflict with the ODP. Mr. Scheurer stated that during discussions with the City staff in January, he learned that the staff had a concern as to whether or not the entire 11-acre site would become a car dealership. At this time, it was explained to the staff that the applicant did not control ownership of the entire parcel. The applicant owns the subject eleven acres but leases the property where the existing dealership sits and, therefore, does not have any type of control for any long-term development of the site. He informed the Commission that Republic Industries bought the Chesrown interests and, therefore, the applicant is only interested in Planning Commission Page 5 09/3/98 legalizing the parking at this time. It has been agreed that the applicant would do an ODP amendment for the sole purpose of removing the building envelope and keep the focus on malting the parking lot a legal use until such time as a plan is generated for the entire site. Mr. Scheurer tormented that some of the concerns raised by the Commission relate to the long term use of the site and that this was not a rezoning case. He stated that the applicant had met with people in the neighborhood who were upset with the past practices and advised them that the applicant was interested in finally resolving the situation. The residents were informed that the applicant was not going to change any uses on the property because a decision had to be made by the landowner before a bona fide plan could be presented to the City. In response to direct questioning of the neighbors, they indicated no objection to having a car dealership on the property. Mr. Scheurer stated that the applicant was in concurrence with the staff report with one exception which deals with the listing of automotive and light truck sales as a prohibited use in the ODP. He stated that the first knowledge the applicant had regarding this was when they read the comments prepared for the Planning Commission meeting. He stated that land use had not been a discussion item during the previous four months and the change of land uses was unacceptable to the applicant. He stated that when certain uses are prohibited, it becomes a rezoning matter. Commissioner SNOW asked why they were changing their request for 35-foot building height to 50-foot building height, noting that such a change also relates to zoning. Commissioner BRINKMAN asked if the applicant had received the 30-day temporary use permit extension Mr. White replied that the extension had been granted. Commissioner BRINKMAN asked Mr. Scheurer if he agreed with the 34th Avenue shallow ground water assessment report. He replied that they received the report around July 15 which did not allow enough time for analysis and response in time for the Planning Commission meeting. He stated that they have read the report and will be hiring their own hydrologist to study the matter and have agreed with City staff to defer the wetlands issue until the study is done. Commissioner GOKEY asked for clarification regarding ownership of the property. Mr. Scheurer replied that the subject property was owned by Republic Industries doing business as Chesrown Friendly Ford. He explained that the present dealership property has several owners, one of which is the Johnny Harper Estate. Chair THOMPSON asked if it would be setting a precedent which would allow the entire parcel to be used for car sales if the plan is approved tonight for the parking. Mr. White replied that the Commission still has the ability to restrict uses in the planned commercial development. Planning Commission Page 6 09/3/98 Mr. Scheurer responded to Chair THOMPSON's concerns about use of the parking lot by stating that they have restricted the parking area to employee parking, customer parking and parking of customer service cars. Dean Harper DHM Design 1390 Lawrence Street, Denver Mr. Harper was sworn in by Chair THOMPSON. He stated that his involvement in this project began shortly after Dick Scherner's involvement began and that his charge was to assist Chesrown in preparing submittal documents to bring the parking lot into compliance. He stated that he has taken part in the coordination meetings and neighborhood meetings. He referred to Note No. 4 on the plan which was included to address the parking lot issue in the context that the building envelopes shown to scale are somewhat oversized so that if the applicant came in with a site plan that encroached on one of these oversized envelopes, they would not be in violation of the approved plan. He informed the Commission that he would be agreeable to rewording the note or striking it in its entirety. In response to questions regarding buffering on the south side, Mr.. Harper stated that there is a fifteen-foot landscape buffer called for in the plan in addition to the street landscaping. In regard to questions about the canal (or swale), he stated that the canal intercepts water that seeps out of the ground and, in turn, provides a way for the water which comes from the west (offsite) to flow toward the pump. He stated that he views this situation as a temporary condition which can be modified, and that when the wetland and drainage facilities are designed, the canal (as far as an open facility) will go away. He noted that the groundwater issue is important to this site because there is a need to dispose of extra water. Historically, the wetland captured the water and, according to the City's study, it appears that water has percolated into surrounding soil, drained to the east and is part of the water table that feeds the shallow wells. He stated that if this premise is true, they could build an infiltration galley on the site which would solve the shallow well problem, and that is why they want to explore the issue with their own consultant. Regarding the parking issue, Mr. Harper stated that 218 cars can be parked on the 1.74 acreage and that the lot is accessed by internal roadways only with no direct access from Wadsworth. He stated that City landscaping requirements have been met and that parking lot lighting has been shielded from the adjacent residential properties. He stated that the plans provide for additional right-of-way commitment along Wadsworth which is important when the Wadsworth Corridor Study is completed. He addressed comments regarding sales tax revenues and stated that it was his understanding that the Chesrown dealership is presently one of the top ten tax producers in the City of Wheat Ridge. He stated, in summary, that they want to bring their parking lot into compliance with City code. Commissioner COLLINS took exception with the islands being located on the perimeter of the parking lot and asked where handicapped spaces were located. Mr. Harper replied that they could stripe handicapped spaces within the lot to meet the requirement. He further Planning Commission 09/3/98 stated that the Friendly Ford lot has handicapped parking spaces. Commissioner COLLINS noted that handicapped spaces on the existing dealership lot cannot be counted toward the required spaces for the additional parking lot. Todd Maul Chesrown Automotive Group 7320 North Broadway, Denver Mr. Maul was sworn in by Chair THOMPSON. In response to an earlier question by Commissioner COLLINS, he stated they employ approximately 120 people. Commissioner BRINKMAN asked Mr. Maul if he had attended any of the Wadsworth Corridor studies. He replied that he has attended some in the past, but did not attend the most recent meeting. In response to a question from Commissioner BRINKMAN, Mr. Maul stated that Ford dealerships are not required to upgrade-their facilities in order to keep their dealerships. Commissioner GOKEY asked how many vehicles per day are serviced at the present facility. Mr. Maul replied that it is in the neighborhood of 75 vehicles. Commissioner GOKEY expressed concern about enforcing the parking requirements and asked if any new vehicles were being stored on this lot. Mr. Maul replied that no new vehicles are stored there. He also noted that the City has not received any complaints about parking on residential streets since the lot has been installed. Commissioner SNOW asked if the original temporary use permit gave permission to pave the parking lot. Mr. White replied that it did not. Commissioner BRINKMAN asked if they planned to mow the weeds and maintain the lot. Mr. Harper replied that they will keep the property in compliance with City codes. (Chair THOMPSON declared a recess at 10:00 p.m. The meeting was reconvened at 10:10 p.m.) Tom Lundy 3500-3502 Allison Street Mr. Lundy was sworn in by Chair THOMPSON. He stated that he had a revocable license agreement between residents of Allison Street and the City of Wheat Ridge which was signed on July 27, 1992. He urged staff to review this license agreement before proceeding any further with the subject case. Commissioner SNOW reviewed the history of this matter and stated that when the rezone application came in for this property in the 1980's, the application was denied by a 4-4 vote. The attorney for the applicants filed an appeal and one of the councilmen who had voted in favor of the application, made a motion for the City Attorney to defend the lawsuit. This Planning Commission Page 8 09/3/98 motion failed unanimously, leaving the City Attorney in the position of having to defend the lawsuit on the basis of his position with the City, but not being allowed to on the basis of the motion. A lawsuit ensued which resulted in an agreement to approve the rezoning on the provision that Allison Street would be closed. In 1992, a subsequent City Council voted to open Allison Street on conditions of the subject license agreement. Mr. Lundy read the following from the agreement: "The completion of construction of an alternate traffic route, rather than Allison Street, which shall be required by the City as a condition by the City of any rezoning or redevelopment request whether instituted by the City or a third party of all, or a portion, of the vacant property located at 35th and Wadsworth." Dick Scheurer addressed the Commission and stated that in addition to this Allison Street agreement, there was one for Yukon Street as well. He stated that this was another reason for not addressing rezoning at this time. These issues need to be addressed before an outline development plan can be established for the eleven acres. Chair THOMPSON noted that Charles White and Lew Higgins had signed the public hearing roster but were no longer present. She referred to Mr. Higgins' earlier statements in the meeting. Commissioner SNOW stated that Mr. Higgins had spoken to her before the meeting and said that he had heard a rumor that if the dealership moved, the City was planning to condemn their property. Mr. White replied that he was not aware of any such plans. Commissioner GOKEY suggested that some confusion regarding condemnation could have arisen as a result of the Wadsworth Corridor Study meetings. Dick Scheurer reiterated that the subject application regards the removal of a building envelope on the site to make the parking lot legal, approve a preliminary and final development plan for that site, and was not a request for rezoning. He stated that the applicant's objective is to comply with the agreement to legalize the parking, maintain status quo until plans for the entire site come in and to keep peace in the neighborhood. Chair THOMPSON referred to item no. 4 on the amended outline development plan regarding parking as a use by right within building envelopes one through three and asked how it would impact them if it were to be changed to customer, employee and service vehicle parking for the adjacent auto dealership and service operation. Mr. Schemer replied that they would be agreeable to language which says that use will apply only until such time as a development plan for the entire parcel is submitted. Dean Harper stated that there is no interference on the amended parking lot plan and informed the Commission that if Note No. 4 is troublesome to the Commission, it could be deleted. He also clarified the building height question, stating that at an earlier neighborhood meeting, a question arose about the allowable building height. The answer Planning Commission Page 9 09/3/98 was 50 feet and therefore it was included on the drawings; however the original plan was for a 35-foot building height and a 50-foot spire or bell tower. He stated that Mr. Maul had indicated a 35-foot building height limitation would serve his purposes. Commissioner BRINKMAN expressed concern about the weeds, etc. on the vacant portion of the property and commented that future development on that lot would probably be more accepted by the community if the lot were kept up until the development comes before the City again. Commissioner BRINKMAN referred to the islands and the handicapped parking requirements. Mr. White replied that the applicant meets code requirements for one island per fifty parking spaces. Commissioner COLLINS stated that federal ADA regulations require one handicapped parking space per every 25 parking spaces. In response to an earlier question by Chair THOMPSON, Mr. White stated that parking requirements are one parking space per every 1,000 square feet of lot area. This lot would require 192 spaces plus one per employee on maximurn shift. Commissioner COLLINS commented that required handicapped spaces on this lot must be in addition to those on the existing lot. Commissioner GOKEY commented that there are plenty of on-site spaces for employee parking. Commissioner COLLINS commented that there are new cars sitting on these on- site parking spaces and the applicant had therefore created his own problem. In regard to comments about the islands, Mr. White stated that he felt having the islands on the perimeter of the parking lot would provide additional landscape buffering for residents to the south of the property. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that Case No. WZ-98-13, a request for approval of an amended Outline Development Plan, be DENIED for the following reasons: Although there have been changes in the area since the approval of the existing PCD, these have generally been toward becoming a more retail and service oriented area. None of the changes justify placing such a large area into parking for employees and cars being serviced, a use producing very low sales tax revenue. 2. The proposed change neither brings the plan more into conformance with the previous comprehensive plan nor would the plan, especially the parking lot portion of the plan, be in conformance with the intent of the proposed comprehensive plan for this area. Planning Commission Page 10 09/3/98 The expansion of the parking portion of the existing auto dealership with its expected lights and large amounts of paving is not compatible with the residential uses to the west, southwest and northwest. 4. The fact that the existing dealership is crowded on its present site does not justify the expansion onto a site more suitable to retail and service uses of greater benefit to the City. The major and most significant change from the current PCD is the expansion of the parking area for the existing dealership. Since there is no void in auto dealerships in the City of Wheat Ridge, this change does not meet the criteria of filling a void for needed services, products or facilities. 6. The property can reasonably be developed under the existing PCD. Commissioner BRINKMAN asked if Commissioner SNOW would be agreeable to adding an additional reason for denial as follows: It is not Imown what the impact of the development will be to the shallow ground water situation. Commissioner SNOW responded that, although she had considered it, she felt such a condition would imply that the use of a car lot is acceptable if the drainage problem is corrected; and that she didn't feel a car lot was the proper use for this piece of land regardless of the drainage situation. Chair THOMPSON asked if Commissioner SNOW would consider downsizing the parking from 218 spaces to a smaller lot to help alleviate parking on Yukon Court. Commissioner SNOW responded that she felt that the dealership should utilize their existing space for employee parking. The motion carried by a vote of 7-0 with Commissioner DUNN absent. Commissioner BRINKMAN moved and Commissioner SNOW seconded that the Planning Commission not make an additional motion on the preliminary and final development plan as it is not relevant since the outline development plan has been denied. The motion carried by a vote of 7-0 with Commissioner DUNN absent. Chair THOMPSON requested that, at such time as a future development plan for this property comes before the Planning Commission, that the revocable license agreement for Allison Street as well as the Yukon Street agreement be made a part of the packet for the Commission's consideration and, further, that it be made a part of the City Council packet for the Chesrown hearing. Planning Commission Page 1 09/3/98 Commissioner BRINKMAN requested that Planning Commission members receive copies of the minutes to review before they go to Council since the Planning Commission meeting of September 17th has been canceled. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. A. Commissioner SNOW asked the date of the mass rezoning meeting. Mr. White replied that the meeting would be held September 15. NEW BUSINESS There was no new business. 10. DISCUSSION ITEMS A. Commissioner BRINKMAN reminded Commission members of the Montessori open house. B. Alan White advised the Commission that there would be neighborhood meetings regarding the Wadsworth Corridor on: September 30, October 13 and October 20. All of the meetings will be at 7:00 p.m. Commissioner GOKEY stated that some people in his neighborhood are concerned about the Wadsworth Corridor. Mr. White replied that staff was aware of these concerns and held a meeting at the middle school to address their concerns. It. COMMITTEE AND DEPARTMENT REPORTS There were no reports. 12. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to adjourn the meeting at 11:10 p.m to September 10, 1998. Ann Lazzeri, Recordin ecretary Jy ice Thompson, Chair C\Barba,.\PCRPTSPLANGCOM\PCMINUTE\1998\980903 wpd Planning Commission Page 12 09/3/98