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HomeMy WebLinkAbout04/01/1999CITY OF WHEAT RIDGE PLANNING COMMISSION ORIGINAL Minutes of Meeting April 1, 1999 2. 3. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on April 1, 1999, 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 Anne Brinkman Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Jerry Collins (excused) Tom Shockley Meredith Reckert, Senior Planner Bob Goebel, Public Works Director Ann Lazzeri, Secretary The following is the official set of Planning Commission minutes for the public hearing of April 1, 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 ORDER OF THE AGENDA Commissioner SNOW moved and Commissioner GOKEY seconded to add "Old Business" to the agenda. The motion passed by a vote of 6-0 with Commissioners SHOCKLEY and COLLINS absent. 5. APPROVAL OF MINUTES Commissioner SNOW moved and Commissioner MACDOUGALL seconded to approve the minutes of the March 18, 1999 Planning Commission meeting as presented. The motion passed by a vote of 5-0 with Commissioner GOKEY abstaining and Commissioners COLLINS and SHOCKLEY absent. Planning Commission Page 1 04/01/99 6. PUBLIC FORUM Louise Turner 11256 West 38th Avenue Ms. Turner urged the Commission to adopt the existing zoning map as the city's guideline for future development in the revisions to the comprehensive plan. She expressed opposition to the CPRC map which would guarantee greater densities than previously allowed on hundreds of properties in the City of Wheat Ridge. She asked that, should the CPRC map be approved by a majority of the Planning Commission, those members voting against its adoption would formulate a minority report to be forwarded to City Council. 7. PUBLIC HEARING A. Case No. MS-99-01 - An application by Albert Anderson, Linda Carter and David Dutton to consolidate existing nonconforming lots, adjust lot lines and setback variances to allow the existing buildings to further comply with established setback requirements. The properties are zoned C-1, located at 5901, 5955 and 5995 West 39th Avenue. This case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overhead of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that, prior to approval of the subdivision portion of this request, consideration and approval of various setback variances must be addressed to ensure the existing structures may remain on the site. She answered the criteria questions involved in evaluation of variance requests and stated staff's conclusion that the variances are necessary to consolidate the existing eighteen lots into three lots. Staff also recommended approval of the subdivision. Commissioner SNOW asked about junk yard behind the subject property. Ms. Reckert replied that she would have code enforcement look into the situation. Albert E. Anderson 4350 Wadsworth #240 Mr. Anderson, the attorney representing the applicant, was sworn in by Chair BRINKMAN. He tendered a copy of the power of attorney from Linda Jean Carter which allows Mr. Anderson to act on her behalf to sell lots one and two. 'He also tendered a copy of a power of attorney from David Rees Dutton which allows him to subdivide the property. He stated that the person who operates the tire store on the corner was present and would like to purchase the property from Ms. Carter rather than continuing to rent. Ms. Carter lives in Texas and wishes to sell the property rather than continuing to be an out-of-state landlord. He commented that the subject property was poorly subdivided in 1958; for example, parts of each building (constructed in 1961 before the City's incorporation in 1969) are located on lot 14. He stated that his sole goal is to correct a situation that has been in existence in 1961 so that present owners can properly conduct their business. Because access for safety and accommodation was Planning Commission Page 2 04/01/99 necessary, the present owner accommodated the city several years ago when all required easements were deeded for reconstruction of West 38" Avenue In response to a question from Commissioner THOMPSON, Mr. Anderson replied that he would not object to the variance applying only to the existing buildings, and not to the lots as a whole. He reiterated that his motive for the application is to correct an existing problem, not to open the door to new development. Chair BRINKMAN asked Ms. Reckert if the city were concerned about the only access to lot 3 being through the easement. Mr. Reckert replied that as long as it is a recorded document, it would be sufficient. In reply to Chair BRINKMAN's concern about possible address problems, Ms. Reckert explained that the easement states it is for lots 1, 2 and 3 and, therefore, the present addresses will be correct. Commissioner SNOW moved and Commissioner THOMPSON seconded that Case No. MS- 99-01, a request for a 7.2 foot rear yard setback to the required 10 foot rear setback requirement on lot 2 and a 20.7 foot front yard setback variance to the 30 foot required front yard setback requirement on lot 3 for properties located at 5955 and 5995 be approved for the following reasons: The existing buildings for which the variance is requested have remained on site for a number of years without incident stemming from the current location. 2. If approved, as represented by the owner's representative, there are no future plans for any physical alterations to the building. 3. Approval of this request should not alter the essential character of the locality or be a detriment to the public's welfare. With the following conditions: That the two variances that are approved be specified as relating only to existing buildings on lots 2 and 3 2. If required by the Uniform Building Code, a firewall be provided on the east side of building on lot 2. 3. That the information and details regarding the variances be recorded with the County. Chair BRINKMAN commented that there are three addresses for the two lots being discussed and offered an amendment that "5901" be dropped from the addresses involved. This amendment was accepted by Commissioners SNOW and THOMPSON. Planning Commission Page 3 04/01/99 The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. MS-99-01, a request for a three-lot minor subdivision for properties located at 5901, 5955 and 5995 West 38th Avenue be approved for he following reasons: The proposed replat will clarify an existing confusing lot conglomeration. 2. All requirements of the subdivision regulations have been met. Commissioner SNOW offered the following amendment: "On the following condition: that the language of the cross easements be reviewed and approved by the city attorney before being recorded." The amendment was accepted by Commissioner THOMPSON. The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. Mr. Anderson returned to the podium to comment on Louise Turner's earlier presentation regarding the comprehensive plan. He stated that Louise was involved in the incorporation of the City of Wheat Ridge in 1969 and has been very active in the city since that time. He asked that because of her many years of involvement and commitment to the City that her comments be carefully considered by the Commission. Commissioner SNOW noted that Mr. Anderson served as the first mayor of Wheat Ridge. (Chair BRINKMAN declared a recess at 8:45 p.m. The meeting reconvened at 8:55 p.m.) B. Case No. WZ-99-03 An application by Sandra Thompson for a change of zone from C-1: Restricted Use - RV/Boat Storage to C-1: Restricted Use - RV Storage and Sales with variances for the property located at 11808 West 44th Avenue. This case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. She entered all pertinent documents into the record and advised the Commission that there was jurisdiction to hear the case. The documents were accepted by Chair BRINKMAN. Staff concluded that the property was rezoned and improved in 1992 with use restrictions as an interim development scenario. Because it was intended for the property to be more extensively developed in the future, minimal landscaping and buffering was required. For the property to be converted to a permanent use as RV storage and sales lot, protection of adjacent low intensity land uses is essential. The submitted site plan proposes no change to the property and is therefore inadequate as a permanent development scenario. Without intensive buffering along the eastern, southern and western boundaries, staff does not support the additional allowed use of RV sales. For these reasons, a recommendation of denial is given for both the site plan and proposed changed zoning conditions. Staff would support the change of conditions to add RV sales as an allowed use if the site plan is amended with intensive landscaping (both horizontal and vertical) and upgraded fencing. Planning Commission Page 4 04/01/99 Commissioner THOMPSON stated that even though she spoke as a citizen in opposition to the rezoning of this land in 1992, she felt she could be objective in this matter. She asked if there was any objection to allowing her to hear this case. There was no objection expressed by any Commission member. Commissioner THOMPSON referred to the site plan which indicates parking for "car/boat spaces" and expressed concern that car sales not be allowed at this location. . Commissioner GOKEY expressed concern that access from the subject property onto Tabor would present a severe negative impact on the surrounding area. Ms. Reckert explained that the present access is for emergencies only and that staff would not require Tabor Street to be widened unless there was a change to full service access. Commissioner GOKEY felt that Tabor Street is too narrow for any kind of two-way traffic and should be widened regardless of the type of access. Commissioner GOKEY expressed concern about eliminating 85% of RV storage on this property to become RV sales. Ms. Reckert didn't believe this would be a problem for overall RV storage space in the city. Commissioner THOMPSON expressed concern about buffering for residents to the south of the lot and asked if parking along the south boundary could be limited to boats. Ms. Reckert replied that this could be a condition of approval. In response to a question from Commissioner MACDOUGALL, Mr. Goebel clarified the drainage plan for the site. Sandra Thompson 3319 Raleigh Street Ms. Thompson was sworn in by Chair BRINKMAN. Hari Sach 11800 West 44th Avenue Mr. Sach was sworn in by Chair BRINKMAN. Ms. Thompson stated that she was representing Mr. Sach and that he applied for the rezoning in order to conduct sales on the rear portion of the property. The future office/service bay area planned for Parcel C is still somewhat undefined, but the applicant wanted to show that the intent was to build on the two front parcels as opposed to building anything on the back parcel. Proper circulation through the lot will be planned at the time of construction. In regard to the parking lot surface, it is presently gravel with a few asphalt entries; however Mr. Sach would like to pave the first forty feet of parcel B from the north property line to provide a cleaner area for customers to inspect the RV's. Planning Commission Page 5 04/01/99 Commissioner GOKEY stated that the proposed parking plan is not functional. Mr. Sach disagreed and stated that the plan allowed for backing the RV's out of their space. In response to Commissioner GOKEY's question about proposed lighting, Mr. Sach replied that there would be three 250 watt lights. In response to a question from Commissioner THOMPSON concerning car/boat storage, Mr. Sach replied that occasionally a customer will trade a car in on an RV and that such cars are taken to auction for sale. He assured the Commission that he would not be selling cars on his lot. He stated that part of the back lot would still be used for RV storage. In regard to a request for a solid wood fence, Mr. Sach replied that he would prefer to place slats in the present chain link fence. Commissioner DOYLE commented that the slats in the chain link fence would not provide adequate screening. In response to a question from Commissioner THOMPSON, Mr. Goebel stated that the site triangle from Tabor Street onto 44th Avenue was adequate. She asked Mr. Goebel's opinion on the plan to pave the first 40 feet of the lot. Mr. Goebel replied that it might affect the drainage and the city would have to look at it and perhaps do an amended drainage report. Commissioner THOMPSON asked if Mr. Sach planned to store propane on his lot. Mr. Sach replied that he would not sell propane on his lot. Commissioner GOKEY stated, for clarification, that used RV's on the site contained propane. Commissioner MACDOUGALL asked if the present or future owners could blacktop the entire lot. Mr. Goebel replied that a drainage report would be required. Commissioner THOMPSON asked if it were legal for customers to sell their RV's that are stored on the lot. Mr. Sach replied that there is a provision in the contract that prohibits this, but that occasionally customers do it anyway and there doesn't seem to be a way to stop them. Diane Christenson 4311 Tabor Street Ms. Christenson was sworn in by Chair BRINKMAN. She stated that she was in opposition to the change in zoning conditions which would allow sales on the rear portion of parcel B as a permanent use. Commissioner THOMPSON asked if this use could be restricted to the owner rather than the land. Ms. Reckert replied that this could be done through the use of a special use permit. George Isquith 4350 Tabor Street Mr. Isquith was sworn in by Chair BRINKMAN. He stated his opposition to the proposed change in zoning conditions. He would not be opposed to the special permit process. He Planning Commission Page 6 04/01/99 expressed concern that one of the proposed lights would affect his residence. George Von Brehm 4305 Tabor Street Mr. Von Brehm was sworn in by Chair BRINKMAN. He indicated his opposition in writing to the proposed change in zoning conditions. Commissioner SNOW moved and Commissioner GOKEY seconded that Case No. WZ-99-03, a request for a change of zoning conditions on C-1 zoned land located at 11808 West 44th Avenue be denied for the following reasons: The adjacent commercial zoning to the east extends 300 feet south and this request is to extend the full commercial use 500 feet to the south. There has been no change in the character of the neighborhood which justifies increasing the encroachment of a more intense commercial use south 500 feet into a residential and agricultural area. 2. The property was originally zoned to C-1 for storage upon representation by the owner that this would be an interim use only with nominal landscaping and buffering. 3. The requested change in use is inconsistent with both the previous and current future land use map and is also inconsistent with the Fruitdale Master Plan all of which show residential uses on the southern part of the property. Any proposed change in use should respect the city's intent that the southern part of the property is intended to be residential. 4. The proposed change of zone to the southern portion of the property is incompatible with the residential and agricultural properties to the east and south of the property and with the green belt area to the south. 5. The change of use would provide little economic benefit to the city because sales tax revenues generated from RV's go to the city where the purchaser lives, not to the City of Wheat Ridge. The motion for denial passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. Ms. Reckert explained that a denial from Planning Commission stands on a rezoning matter; however, the applicant has a right to file an appeal to the City Council within ten working days of the Planning Commission's action. For the record, Commissioner THOMPSON requested that if this matter proceeds to City Council and is adopted, that City Council consider the following conditions: (1) that no PA system be allowed; (2) that no flags or banners be allowed; (3) that there be no additional buildings put on the back parcel (parcel B); (4) that there be no RV's allowed along Planning Commission Page 7 04/01/99 the southern portion of the property nor along Tabor Street that is adjacent to residential homes and this area be kept for storage of boats only; (5) that there be no opportunity given for the storage of automobiles with the intent of selling them on this property; (6) that a solid wood fence be placed on the west portion of the property in order to block the view from the green belt and residential neighborhood to the west; (7) that the circulation pattern into and around parcels A, B and C are adequate and safe, especially with the redesign of the service bay area; (8) that lighting be taken into consideration for the residential neighborhood to make sure they do not shine into neighboring homes and are turned off at a certain time each night; (9) that the landscaping strip be located outside the fence on the west side and be maintained by the applicant; (10) that the public work's department request that the lot be resurfaced with clean class six road base material (no recycled asphalt) be met; and (11) that no propane storage be allowed on the property. Sandra Thompson returned to the podium to ask what procedures are to be followed in applying for a special use permit. She was informed by the Commission that she could contact the city staff for direction in this regard. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN closed the public hearing. 9. OLD BUSINESS A. Brewer Tire - Commissioner THOMPSON moved and Commissioner SNOW seconded that Alan White be authorized to direct Code Enforcement to immediately investigate the storage of tires on the Brewer property and that the situation be monitored monthly to ensure compliance with the city code. The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. 10. NEW BUSINESS A. Public Forum - Commission SNOW asked that the three-minute limit be enforced for this portion of the meeting. B. State Beauty Supply - Chair BRINKMAN asked that the lighting problem be addressed. There are lights on the property that presently shine directly into the adjacent residence. Planning Commission Page 04/01/99 11. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner GOKEY seconded to adjourn the meeting to a study session at 10:45 p.m. The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. ANNE BRINKMAN, Chair C:\Barbara\PCRPTS\PLANGCOM\PCMINUTE\ 1999\990401 Ann Lazzeri, Recording Secretary Planning Commission Page 9 04/01/99