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HomeMy WebLinkAbout02/04/1999CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting ORIGINAL February 4, 1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman BRINKMAN at 7:30 p.m. on February 4, 1999, 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 Anne Brinkman Jerry Collins Dean Gokey Don MacDougall Nancy Snow Janice Thompson (excused) Tom Shockley Alan White, Director of Planning & Development Bob Goebel, Director of Public Works Meredith Reckert, Senior Planner Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of February 4, 1999. 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 It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS to approve the order of the agenda. The motion passed by a vote of 5-0 with Commissioners SHOCKLEY and THOMPSON absent. 5. APPROVAL OF MINUTES Commissioner SNOW moved and Commissioner COLLINS seconded to approve the minutes of January 21, 1999 with the following amendments: On page 3, second paragraph from the Planning Commission Page 1 02/04/99 bottom, the minutes should reflect that Commissioner SNOW asked if Ms. Fisher would prefer transitional residential use; page 5, paragraph 3 needs to be clarified; page 5, the following words should be added to the fourth paragraph, line five after the words "and 44th": "Mrs. Seeds went over the actual language identifying the old district and explained that the Committee's intention was to..." The motion passed by a vote of 5-0 with Commissioners SHOCKLEY and THOMPSON absent 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. WZ-99-01: An application by Saulsbury Properties for approval to rezone from R-2 and R-3 to PRD and for approval of an Outline Preliminary and Final Development Plan and Plat for 3195 Saulsbury Street and 3190 Teller Street for the purpose of developing two duplexes (four units) and twelve multi-family units. The case was presented by Meredith Reckert. She distributed copies of a letter she received on February 4, 1999 from Chad and Jennifer Goins, 7095 West 32nd Avenue, indicating their support of the subject proposal. She reviewed the staff report, presented overheads and exhibits of the subject area. She entered the comprehensive plan, zoning ordinance, subdivision regulations, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. She advised the Commission that there was jurisdiction to hear the case. Commissioner COLLINS asked who owned the detention pond on the property. Ms. Reckert replied that it was the intent that it would be the owners in the subdivision, but that the language could be clarified on the plat to clearly define maintenance responsibility. Mr. Goebel commented that the owners would be responsible for maintenance of the detention pond. Commissioner COLLINS referred to the landscaping on 32nd near Saulsbury and asked if it belonged to the ditch company. Ms. Reckert replied that the property would be in the ownership of the homeowners association but that the ditch company would have access to maintain their facilities. Commissioner COLLINS asked how water will drain from the property. Mr. Goebel explained the storm drainage plan for the area and stated that it was planned to install a cross pan at the intersection of 301h Avenue and Saulsbury Street and to have it completed this summer. Chair BRINKMAN asked if the property owner to the south would still be able to utilize the ditch water. Mr. Goebel replied that the plan shows a proposed swale behind the sidewalk on Teller Street that will convey storm water and that there is a headgate which will allow the use of the ditch water even if sidewalks are constructed. Planning Commission Page 02/04/99 Mr. Goebel stated that on the Saulsbury side, there are some scrub elms intertwined into a fence that will be removed at the same time the fence is removed. He also stated there are two silver maples north of the proposed drive which could be saved by detaching the sidewalk around the trees and bringing it back to the curb before it gets to the ditch. Commissioner SNOW asked if there were another ditch on the property in addition to the Rocky Mountain Ditch. Mr. Goebel replied that the Rocky Mountain Ditch is the main ditch that crosses the north end of the site and a lateral comes off of that ditch that goes down the east side of Teller Street and irrigates the property south of the development. In response to a question from Chair BRINKMAN, Mr. Goebel stated that, without sidewalk, curb and gutter on Teller Street, it would be very difficult to get water to a catch basin at the low point because the grade is only 1/2% and there would be problems with mud and ice. Commissioner MACDOUGALL stated that the irrigation lateral goes down the east side of Teller and asked which location had water rights for that. Mr. Goebel replied that the lot directly to the south of subject property had water rights and that there was at least one other property with water rights. Commissioner COLLINS commented that it was very helpful to have the drainage plans in the Planning Commission packet. Commissioner SNOW asked what the code said in regard to sidewalk installation requirements. A portion of page 344 of the code was read as follows: "The installation of curb, gutter, sidewalks and related roadway improvements may not be required where less than half of the properties on the street extending 500 feet from the lot line of property in question on both sides." Commissioner SNOW asked the reason for the request to prohibit RV and boat parking in the development's parking areas which could result in people parking their RV's and boats on the street. Ms. Reckert replied that this restriction was requested because of the limited parking on the site. Chair BRINKMAN asked about fire hydrants. Ms. Reckert stated that fire hydrant issues should be resolved with the subdivision agreement. Alec Garbini 1546 Cole Street #227 Golden, CO Mr. Garbini was sworn in by Chair BRINKMAN. He stated that he is the project architect for the subject property and representative of Saulsbury Properties, Ltd. He addressed the question regarding fire hydrants and stated that one fire hydrant was built last year when the developer thought he would be able to begin construction. The other fire hydrant has been paid for but Planning Commission Page 3 02/04/99 cannot be installed until the water district loops the water through the site once the location of roads have been finally determined. He then reviewed the number of parking spaces in the development. In response to a question from Commissioner SNOW, Mr. Garbini stated that there are six ground floor units designed to be accessible to persons with handicaps. Mr. Garbini stated that when he was hired for this project in 1996 there were three major goals he wanted to accomplish in the plan: (1) to preserve positive attributes of the site such as mature trees, buffers and character of surrounding neighborhood; (2) to preserve the existing house; and (3) to retain multifamily use in the R-3 area which has been in existence since the original apartments were built in 1949. He pointed out that the apartments were designed to be as similar to townhouse units as possible. He stated that in discussions with neighbors, they indicated they did not want a through street through the development, so it was suggested that a mountable curb be installed in the drive so that it could only be used by fire trucks or trash trucks; however, the fire department objected to that plan and asked for a speed bump to be installed. He stated that, in response to neighbors' concerns about car lights from the parking lots shining into the homes across the street, he proposed a hedge or low fence along Saulsbury. Mr. Garbini stated that the developer would like to rebuild the fence along 32nd Avenue in its present location. If the fence were moved to the property line, as requested by staff, it would leave a 7 to 8-foot strip of land that would not be irrigated or maintained. The developer would like to contain all the area behind the sidewalk with the fence in order to be responsible for maintaining the area. Mr. Garbini stated that the sidewalk plans resulted from neighbors' comments and that this was the first time he had heard about the possibility of doing a detached sidewalk. He had been told that the sidewalk and curb had to be attached. In regard to screening of the detention pond, he planned to remove the volunteer elms and plant other shrubs and trees; however, at the present time, there is no room between the pond and the street because the area would be taken up with sidewalk and that is why the waiver had been requested. He felt that the installation of sidewalks would encourage parking along the street. He stated that he would have no objection to posting no-parking signs to keep apartment residents from parking on the street In regard to the property owners who have water rights to the ditch, he stated that the ditch has grown over with vegetation over the years but that he would commit to cleaning the area out so water would flow smoothly. He also stated that the developer is asking for a waiver of all public improvement requirements along Saulsbury and Teller. Commissioner SNOW asked if the Rocky Mountain Ditch had any objection to the fence. Mr. Garbini replied that he hasn't talked with them about moving the fence yet. He mentioned that Planning Commission Page 4 02/04/99 the trees are in the ditch right-of-way and therefore the ditch company has a right to remove the trees. However, he has asked them to reserve that right in this instance. He stated that the developer's intention is to build a fence on both sides of the ditch to prevent children from wandering along the ditch. Commissioner MACDOUGALL asked about the surface of the detention ponds. Mr. Garbini replied that the one on the south is grass with a sandy loam soil beneath. In response to another question from Commissioner MACDOUGALL, Mr. Garbini replied that the standing depth of water in the detention pond on the south is two feet on average. Commissioner GOKEY expressed concern about handicapped access to 32nd Avenue if there were no sidewalks. (Chair BRINKMAN declared a recess of the meeting at 9:00 p.m. The meeting was reconvened at 9:15 p.m.) Catherine Dunlap 7160 West 30th Avenue Ms. Dunlap was sworn in by Chair BRINKMAN. She commented that Mr. Garbini and Mr. Smethills have been very faithful in working with the neighborhood to arrive at a compromise plan and that the neighbors are generally in support of the new plan. She addressed two things that had been amended since the neighbors last discussed the plan: (1) Neighbors were adamant that the drive through the development not be a through street. The final plan calls for a speed bump, rather than a mountable curb, which will not prevent through traffic. (2) If there are no sidewalks, people will park along the street and cause further erosion. She urged the Commission to require sidewalks to prevent erosion. Commissioner COLLINS commented that the City of Denver uses chains with padlocks or gates which are only accessible to fire equipment and trash trucks. Commissioner GOKEY asked Ms. Dunlap if she was in favor of removing trees to install sidewalks. She replied that most of the trees were not worth saving and the two trees worth saving could be worked around. Commissioner GOKEY stated that he did not believe people would use the drive as a through street. Commissioner SNOW commented that she could not foresee that many additional people parking along Teller Street and would not want to install curb, gutter and sidewalk along Teller until some time in the future when the whole street is redone and people really want it. Margaret Perry 3060 Teller Street Ms. Perry was sworn in by Chair BRINKMAN. She stated that she was in support of the project and expressed her appreciation to the applicant and the city for arriving at the present Planning Commission Page 5 02/04/99 plan which saves the existing house. She was not in favor of having a sidewalk on Teller because it would end at the property line. She also believed that it would be a safer option to have cars parking further off the street than they would if there was a sidewalk. Chair BRINKMAN asked if Ms. Perry used water from the ditch. She replied that, although she hadn't used the water in recent years, she wanted to preserve the water rights and that sidewalks, curb and gutter would prevent natural runoff from the street that goes to water the trees in the city right-of-way and on her lot. Commissioner SNOW asked how Ms. Perry felt about the drive. She replied that she preferred a through street and felt that neighboring residents would not use it as a thoroughfare. She also stated that she did not think a speed bump was necessary but would have no objection to it and would go along with whatever the neighborhood wants. Lisa Hamilton-Fieldman 7125 West 32nd Avenue Ms. Hamilton-Fieldman was sworn in by Chair BRINKMAN. She stated that her house is located directly north of the subject property. She commented that Mr. Garbini has worked very hard to accommodate everyone's concerns. She stated that she did not want a through street nor did the majority of residents. She was in favor of the mountable curb alternative and felt this would not only deter through traffic but also be safer for children living in the development. Regarding the fence, she understood that the new fence could not legally cross the ditch right-of-way. She requested that the new fence cut across the corner of the property. She stated the curb and sidewalk would encourage more parking on the street and that wedging trees between the sidewalk and the curb would most likely cause the loss of those trees. She also stated that curb and gutter would not allow room between the detention pond and the sidewalk to plant trees to screen the detention pond from the street and the view of the neighborhood. Commissioner GOKEY stated that fences can be placed across ditches as long as passage of water is not disturbed. Mr. Garbini replied that the ditch company won't allow him to put a fence in the ditch right-of-way because they want to be able to get into the ditch for maintenance. Commissioner GOKEY stated that he would support a speed bump and a sign that says "private drive" which would deter through traffic. Commissioner COLLINS asked if a curb could be installed without a sidewalk. Mr. Goebel stated that he did not believe the ADA would allow that kind of a situation because it puts up a barrier. Commissioner SNOW stated that final regulations regarding this have never been issued by the board that sets regulations for the ADA. Planning Commission Page 6 02/04/99 Chair BRINKMAN asked if there were others present who wished to address the Commission. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner MACDOUGALL that Case No. WZ-99-01, a request for approval of a rezoning of property located at 3190 Teller Street and 3195 Saulsbury Street from R-2 and R-3 to Planned Residential Development and for approval of an outline development plan, be approved for the following reasons: 1. The existing house would be saved. 2. The proposal provides for a reduction in density by one unit from the existing approved plan and is supported by the neighborhood. 3. All requirements for a PRD outline development plan have been met. With the following conditions: (1) The first two lines in the document title be transposed so that it is recorded properly with Jefferson County. (2) That it shows fire hydrants adjacent to Teller and Saulsbury Streets. (3) That the overflow parking areas be designated with the following note: "Six overflow parking spaces will be provided, the location of which may change due to existing tree locations." (4) For Saulsbury Street, designate five-foot right-of-way dedicated by plat to be recorded at the County. (5) A note be added prohibiting RV and boat parking. (6) That a walk be installed to provide access to the bus stop located roughly between the house and the apartments. (7) That there be no sidewalks on the east side of Teller and no sidewalks on the West side of Saulsbury past the culvert in accordance with the ordinance that says sidewalks may not be required unless 50% of the properties within 500 feet have them. (8) That a mountable curb be installed in the drive. (9) Language be included on the plat that make it clear that a homeowners association will be established to fulfill the requirements of maintenance of the property and the detention pond. (10) That the owner/developer be allowed to replace the fence along 32nd Avenue in the existing location except for a setback at the comer of 32nd and Saulsbury to preserve the line of sight as approved by the public works department. Chair BRINKMAN stated that it was her understanding that Planning Commission cannot make a decision on waiving a requirement for a public sidewalk. Mr. White commented that it might be more appropriate to save that condition for a motion on the public improvement recommendation. Planning Commission Page 7 02/04/99 Chair BRINKMAN stated that, although she is in favor of the rezone, she would have to vote against the motion if the sidewalk issue is part of the motion. She asked Commissioner SNOW if she would consider dropping that part of the motion. Commissioner SNOW replied that, based on the fact that the motion is only a recommendation to City Council, she would not drop the sidewalk portion of the motion. Commissioner GOKEY offered an amendment to the motion that would change the mountable curb median to a speed bump and add a requirement for signage that would indicate "private drive" or "private entrance". He felt that such signage would discourage through traffic flow from those outside the development area. The amendment to place a condition no. (11) which would require signage indicating that the drive was a private drive or private entrance was acceptable to Commissioners SNOW and MACDOUGALL. Commissioner SNOW stated that she would prefer a separate motion concerning the speed bump. Commissioner GOKEY moved and Chair BRINKMAN seconded that the motion be amended to change the wording "mountable curb" to "speed bump". Commissioner GOKEY's motion failed by a vote of 2 to 3, with Commissioners COLLINS, MACDOUGALL, and SNOW voting no and Commissioners SHOCKLEY and THOMPSON absent. A vote was taken on Commissioner SNOW's motion. The motion passed by a vote of 3 to 2, with Commissioners COLLINS and BRINKMAN voting no, and Commissioners SHOCKLEY and THOMPSON absent. Chair BRINKMAN stated that she voted against the motion because of the condition pertaining to the sidewalks. Commissioner COLLINS stated that he voted against the motion because he felt there was need for curb and gutter for drainage control. Mr. White reminded Commissioner COLLINS that the motion only mentioned sidewalks, not curb and gutter. He also stated that he believed the issue of the curb, gutter and sidewalk should be saved for the request to waive the public improvements. It was moved by Commissioner SNOW and seconded by Commissioner MACDOUGALL that the planned residential development combined preliminary and final development plan for property located 3190 Teller Street - 3195 Saulsbury Street be approved for the following reasons: Planning Commission Page 8 02/04/99 1. The existing house would be saved. 2. The proposal provides for a reduction in density by one unit from the existing approved plan and is supported by the neighborhood. 3. All requirements for a PRD outline development plan will have been met. With the following conditions: (1) The first two lines in the document title be transposed so that it is recorded properly with Jefferson County. (2) That is shows fire hydrants adjacent to Teller and Saulsbury Streets. (3) That the overflow parking areas be designated with the following note: "Six overflow parking spaces will be provided, the location of which may change due to existing tree locations." (4) For Saulsbury Street, designate five-foot right-of-way dedicated by plat to be recorded at the County. (5) A note be added prohibiting RV and boat parking. (6) That a walk be installed to provide access to the bus stop located roughly between the house and the apartments. (7) That there be no sidewalks on the east side of Teller and no sidewalks on the West side of Saulsbury past the culvert in accordance with the ordinance that says sidewalks may not be required unless 50% of the properties within 500 feet have them (8) That a mountable curb be installed in the drive. (9) Language be included on the plat that make it clear that a homeowners association will be established to fulfill the requirements of maintenance of the property and the detention pond. (10) That the owner/developer be allowed to replace the fence along 32nd Avenue in the existing location except for a setback at the corner of 32nd and Saulsbury to preserve the line of sight as approved by the public works department. (11) That signage be required indicating that the drive was a private drive or private entrance. Chair BRINKMAN stated that, although she is in favor of the final development plan, she would vote against the motion because she believes there is a need for sidewalks along this property. The motion passed by a vote of 4 to 1 with Chair BRINKMAN voting no, and Commissioner SHOCKLEY and THOMPSON absent. Commissioner SNOW moved and Commissioner MACDOUGALL seconded to approve the minor subdivision plat for property located at 3190 Teller Street - 3195 Saulsbury Street for the following reasons: Planning Commission Page 9 02/04/99 1. It is consistent with the outline and final development plan if all of the prior conditions have been met. 2. All requirements of the subdivision regulations have been met. With the condition: (1) All of the conditions specified earlier plus language requested by the Public Service Company regarding their services and easements will be added to the plat face. Chair BRINKMAN stated that, although she is in favor of the final development plan, she would vote no because she believes there is a need for sidewalks along this property. The motion passed by a vote of 4 to 1 with Chair BRINKMAN voting no, and Commissioner SHOCKLEY and THOMPSON absent. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing closed. 9. OLD BUSINESS A. Planning Commission Comp Plan Hearine Commissioner SNOW asked that, if the notice regarding the Planning Commission hearing on February 18 had not yet been mailed, the notice should mention there would be two additional future land use maps for discussion at the meeting. She also requested that copies of the Comprehensive Plan Committee map be available at this hearing. In reply to a question from Chair BRINKMAN, Mr. White replied that copies of the conflict map would be available for the February 18th meeting. He also stated that all versions of the Comprehensive Plan maps would be available as overlays for comparison at the Planning Commission Study Session on February 25. 10. NEW BUSINESS There was no new business. 11. DISCUSSION ITEMS There were no discussion items. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 10 02/04/99 13. ADJOURNMENT Commissioner SNOW moved and Commissioner MACDOUGALL seconded to adjourn the meeting at 10:20 p.m. The motion passed by a vote of 5-0 with Commissioners SHOCKLEY and THOMPSON absent. Cam/ z Ann Lazzeri, Recor m Secretary ANNE BRINKMAN, Chairman Planning Commission Page 11 02/04/99