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HomeMy WebLinkAbout12/03/1998ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION 2. 3. Minutes of Meeting December 3,1998 CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on December 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: Alan White, Director of Planning & Development Martin Omer, Economic Development Specialist Ann Lazzeri, Minutes Specialist PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins Dean Gokey Don MacDougall Nancy Snow Janice Thompson Tom Shockley (excused) The following is the official set of Planning Commission minutes for the public hearing of December 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.AGENDA Commissioner SNOW moved and Commissioner GOKEY seconded to approve the agenda as presented. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner THOMPSON moved and Commissioner MACDOUGALL seconded to approve the minutes of the November 5, 1998 Planning Commission meeting as presented. The motion passed 5-0 with Commissioner SNOW abstaining and Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. ZOA-98-01. An application by the City of Wheat Ridge to amend Section 26-30(L) of the code of laws pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge code of laws pertaining to the condition of stables, fertilizer and buildings. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to continue Case No. ZOA-98-01 to December 17, 1998 upon recommendation of the City staff. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. B. Case No. ANX-98-04/WZ-98-16. An application by Kaiser Permanente for approval to annex 32.886 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located at 4803 Ward Road and known as Kaiser Permanente Medical Center. In response to a question from Commissioner SNOW, Mr. White explained that Gerald Dahl, City Attorney, advised him the zoning portion of this case could not be decided at this meeting due to the lack of quorum for the November 19th Planning Commission meeting when the matter was originally scheduled and the publication requirements not being satisfied. He advised that comments regarding zoning could be taken for the record. This case was presented by Martin Omer. He reviewed the staff report and presented overheads and slides of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He advised that staff recommended approval of the annexation and that there was jurisdiction for the Commission to hear the case. Commissioner THOMPSON expressed concern about impact on the proposed annexation would have on possible incorporation of the Fairmount area. Mr. Omer replied that, from an economic standpoint, it would seem that incorporation by Fairmount is no longer viable. Mr. White stated that annexation petitions take precedence over incorporation petitions and that the Fairmount incorporation election was set aside for the cities of Arvada, Wheat Ridge and Golden to take action on annexation. Decisions on annexation would have to occur before a judge would allow incorporation proceedings. Commissioner THOMPSON asked if rezoning can occur without a formal motion from Planning Commission. Mr. White replied that Planning Commission will be making a formal motion at the December 17 hearing; however, comments from the Planning Commission at this meeting would to be forwarded to City Council as part of the staff report. Planning Commission 12/03/98 In response to questions from Commissioner MacDOUGALL, Mr. Omer stated that the existing wetlands would have to be taken into consideration by the public works department if the property south of the Kaiser facility and north of the RTD park-and-ride were to be developed. Thomas Currigan 10350 East Dakota Avenue, Denver Mr. Corrigan was sworn in by Chair BRINKMAN. He was appearing as a representative of Kaiser Permanente and invited questions from the Commission. Commissioner GOKEY asked if Kaiser had any plans for development for the remainder of the property. Mr. Currigan replied that there were no immediate plans; however, there was a long- range plan to expand the existing building and that such expansion would depend on membership growth and other factors. The projected expansion would be approximately 14,000 square feet. He stated that it would be likely that the northern parcel would be sold in the future, but it was not on the market at this time. Commissioner GOKEY asked about the proposed highway interchange at Highway 58 and I- 70. Mr. Omer replied that the proposed intersection would directly impact Ward Road. He advised the Commission that the Ward road interchange had been placed on the priority list for the Colorado Department of Transportation. Commissioner GOKEY asked if Kaiser could make a decision regarding the recreation district they wished to belong to. Mr. Omer replied that this would be Kaiser's decision. Corrigan commented that this question had not been explored by Kaiser. Mr. White clarified for the record that annexation into the City of Wheat Ridge includes belonging to the City recreation district. Commissioner THOMPSON expressed concern about possible development of the southern portion of the property and whether or not it would have safe access to Ward Road. She was concerned that if the interchange should take out the park-and-ride, that the southern portion of Kaiser's property could be sold and joined with the remaining park-and-ride land. Commissioner GOKEY expressed concern with talking about future subdivision plans at this time. In response to a question from Chair BRINKMAN, Commissioner SNOW replied that the City of Wheat Ridge has a contract with a private ambulance company. Commissioner SNOW asked if there were future plans for Kaiser to build a hospital on this site. Mr. Corrigan replied that there was no intention to build a hospital facility on this site, and that Kaiser only planned to expand the present clinic facilities. Planning Commission Page 3 12/03/98 Commissioner COLLINS moved and Commissioner SNOW seconded that Case No. ANX-98- 4, a request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, as legally described in Exhibit "B" be recommended to the City Council for APPROVAL for the following reasons: 1. The annexation meets the State criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of development of the subject property. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent Commissioner THOMPSON asked if there were any plans for the City of Wheat Ridge to annex any more land to the north to square off the boundaries to 52nd Ave. Mr. White replied that all landowners up to 52nd Avenue have been contacted by the City and there has only been one affirmative response. He also stated that if the Kaiser annexation is approved, it would give the City the 1/6 contiguous land necessary for possible annexation to the north. Chair BRINKMAN invited comments from the Commissioners regarding zoning issues on this case. Commissioner SNOW stated that she would prefer to see any large-sized commercial parcels come in as planned commercial developments in that it gives more flexibility to the City and, most of the time, to the land owner. She expressed concern that, in the past, commercial zonings have been approved for certain uses and then were somehow expanded beyond the original intent. Mr. White stated that the annexation agreement would be recorded and, therefore, the list of uses would become part of the permanent record in the real estate records of the County. Mr. Omer stated that the annexation agreement would be a part of City Council action on this matter when the ordinance is adopted and that the allowed uses would be an exhibit to the zoning ordinance. He commented that there is currently nothing tangible to create a planned development because future use is not known at this time. Commissioner THOMPSON asked why nursing homes were excluded from the list of allowed uses. Mr. White replied that any land use of that type demands more City services than the revenue generated from the use. Commissioner THOMPSON stated that she would like to see staging areas for tourist and casino buses added to the list of prohibited uses for this parcel of land. She also stated that she would like to see the parks and recreation district concerns addressed. Commissioner BRINKMAN stated that she did not condone the commercial uses on the list based upon her approval of the annexation. Planning Commission Page 4 12/03/98 Commissioner SNOW moved and Commissioner THOMPSON seconded that the record reflect the Planning Commission did not consider approval or disapproval of the list of uses contained in Exhibit C as part of the prior vote for approval of the annexation. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. (Chair BRINKMAN declared a recess at 9:10 p.m. The meeting was reconvened at 9:20 p.m. C. Case No. ANX-98-05/WZ-98-17: An application by the Regional Transportation District for approval to annex 8.036 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located at 4695 ward Road and known as the RTD park-and ride. In response to a question from Commissioner SNOW, Mr. White explained that Gerald Dahl, City Attorney, advised him the zoning portion of this case could not be decided at this meeting due to the lack of quorum for the November 19th Planning Commission meeting when the matter was originally scheduled and the publication requirements not being satisfied. He advised that comments regarding zoning could be taken for the record. This case was presented by Martin Omer. He stated that although action could not be taken on the zoning portion of the case (as with the previous case), comments would be received for the record. He reviewed the staff report and presented overheads and slides of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He advised that staff recommended approval of the annexation and that there was jurisdiction for the Commission to hear the case. Commissioner SNOW commented that, in the future, she would like to see the planned developments and conditions that already exist on the site presented in larger print. She asked why there was a difference between the list of zoning exhibits for the RTD property and the Kaiser property. Mr. White replied that the list was comprised while working with RTD. RTD has a concept for some of the park-and-ride facilities in the metro area to provide some commercial convenience uses such as shoe repair shops, convenience stores, etc. These businesses would not create additional traffic but would be for the convenience of bus riders. Commissioner SNOW requested an entire list of everything that is ordinarily allowed in the C- 1, RC and RC-1 zone districts and stated that it would also be very helpful if the allowed and disallowed uses were all listed on one sheet. She expressed concern that, in the future, these parcels may become one and the land uses should be compatible. Commissioner GOKEY commented that he thought it was unfair to the applicants to try to come up with some sort of development plan at this time. In regard to Commissioner SNOW's concerns regarding the possibility of combining the properties for development, Mr. White stated that RTD acquired their land from the CDOT, and that a reverter clause is in existence which states that if the park-and ride facility ceases to exist, the property would revert to State ownership. Planning Commission Page 5 12/03/98 In response to a question from Commissioner SNOW, Mr. White stated that the zoning would not change even if it would revert back to the State. Chair BRINKMAN asked if staff had concerns about the annexation necessitating increased security services from the City. Mr. Omer replied that his understanding was that RTD subcontracts security for the park-and- ride facilities. If something significant happened, the police department would respond, but every-day patrolling would be accomplished by the subcontractor. Commissioner SNOW asked if there was an easement for the caretaker's property. Mr. Omer replied that there is not an easement, that it has always been used for that purpose and that no concern had been expressed about the access. He stated that should there be a decision by RTD to stop the access, the caretaker has an alternative access through the cemetery property. Susan Altis 7225 S. Gaylord, Littleton Ms. Altis was sworn in by Chair BRINKMAN. She was appearing in the capacity of Community Development Administrator for RTD. She invited questions from the Commissioners. Chair BRINKMAN asked if RTD had a special charter or other standing with the State which would preclude the City's authority in any area. Ms. Altis replied that RTD was formed by Colorado State legislation and was, therefore, a political subdivision of the State of Colorado and subject to all zoning regulations and ordinances of the cities and counties in which their facilities are located. It was moved by Commissioner SNOW and seconded by Commissioner MacDOUGALL that Case No. ANX-98-5, annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit B be recommended to the City Council for APPROVAL for the following reasons: I. The annexation meets the State criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of any future development of the subject property. Further, this motion does not constitute approval or disapproval of the list of allowed and disallowed uses as shown in Exhibit C. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Chair BRINKMAN invited comments from the Commission regarding zoning issues on this matter. Planning Commission Page 12/03/98 Commissioner SNOW stated that she would like to see a list of uses as allowed in the present zoning. Mr. Omer replied that staff would supply that information. Mr. White suggested that the wording be changed under "permitted principal uses" (a) to insert the word `only' at the beginning of the sentence. Commissioner SNOW expressed concern that C-I zoning uses could change in the future. Mr. White replied that an amendment to the zoning ordinance would be required for any changes to take place. Commissioner SNOW asked if there would be any tax advantage from annexing the RTD park- and-ride. Mr. Omer replied that there were none at this time, but the annexation would give the City more influence over future decisions about this land. Chair BRINKMAN asked if billboards were a were a permitted use in the C-1 district. Mr. White replied that this was covered under the sign code, and that the number of billboards had been set along the I-70 corridor and could not increase. Chair BRINKMAN asked if the RTD property was considered to be adjacent to I-70. Mr. White replied that because, at the time the ordinance was adopted for billboards, this land wasn't included in the district, it seemed that billboards would not be allowed on this property. In response to a question from Chair BRINKMAN, Mr. White replied that transmitter stations were not on the list of permitted uses. Mr. White asked for feedback on the changes he had suggested to add "only" the following uses and eliminate the prohibited uses. It was the consensus of the Commission to leave the list of permitted uses as well as the list of prohibited uses. Commissioner SNOW requested that the staff report include information pertaining to the reverter clause for the RTD property. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Public Hearings on Comprehensive Plan - Mr. White reported that staff will bring this matter before the Commission in January. He mentioned that City Council will hold a study session on January 4, 1999 to discuss the Comprehensive Plan. Planning Commission Page 7 12/03/98 Commissioner COLLINS moved and Commissioner THOMPSON seconded to include the approved Wadsworth Corridor Plan as part of the Comprehensive Plan. The motion passed by a vote of 6-0, with Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner THOMPSON seconded that the first Planning Commission meeting (second meeting in January) on the Comprehensive Plan be conducted as an open forum and public hearing on the proposed land use map. The motion passed by a vote of 6-0, with Commissioner SHOCKLEY absent. Commissioner GOKEY requested that the City's existing zoning map be included with the land use map. B. District Two Neighborhood Meeting - Chair BRINKMAN encouraged Commissioner Gokey, as representative to District Two, to attend the meeting on December 15, 1998. 10. NEW BUSINESS A. Construction Near Adult Book Store - Commissioner THOMPSON expressed concern that a situation could evolve such as the one in Adams County where adult entertainment was allowed as long as no liquor was served. 11. DISCUSSION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner COLLINS and seconded by Commissioner GOKEY to adjourn the meeting at 10:30 p.m. ANNEBRNKMAN, Chair 679 Ann Lazzeri, Record inSecretary C:\Bubm\PCRPTS\PLANGCOM\PCMINUTE\1998\981203.wpd Planning Commission Page 8 12/03/98