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HomeMy WebLinkAbout05/06/1999CITY OF WHEAT RIDGE PLANNING COMMISSIO 1 6 I (~U A L Minutes of Meeting May 6, 1999 CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on May 6, 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 Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Tom Shockley Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Secretary The following is the official set of Planning Commission minutes for the public hearing of May 6, 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 THOMPSON seconded to approve the order of the agenda. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner COLLINS moved and Commissioner DOYLE seconded to approve the minutes of the April 15, 1999 meeting as presented. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. V VV-99-02 An application by Michelle Sewell to initiate a vacation of an existing remnant piece of right-of-way east of 6410 West 44th Place. The property is currently zoned Residential-Three, Restricted-Commercial and Commercial-One. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. The properties directly adjacent to said right-of-way have alternate access onto West 44th Place and West 44th Avenue; therefore, no properties would be left without public access. Because the southern portion was vacated in 1987, Lamar Strett will never be extended to West 44th Avenue. Although the Public Works Department stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department does not see a need for the remnant piece of right-of-way. Therefore, staff s recommendation was for approval of the vacation. Vice Chair GOKEY commented that if the right-of-way is vacated, the applicant would be able to erect a fence which would prohibit the adjacent owner from using the area for through traffic to and from his business. Mr. McCartney replied that this was correct and also noted that the adjacent owner has direct access onto 44th Avenue. In response to a question from Commissioner COLLINS, Mr. McCartney stated that he was of the opinion that since the owner originally dedicated 25 feet for the right of way, the land would revert back to the owner if the right-of-way is vacated. Alan White explained that vacated right-of-way reverts back to the owner who originally dedicated the right-of-way. In answer to a question from Commissioner THOMPSON, Mr. McCartney stated that the applicant cannot legally erect a fence unless the right-of-way is vacated. Rodney Felsie 595 Canyon Boulevard, Boulder Mr. Felsie, attorney for the applicant, was sworn in by Chair BRINKMAN. He stated that the staff presentation covered all pertinent points and his applicant agreed with staff's recommendation. He stated that the present use is dangerous in that trucks driving through the residential parking lot endanger lives of children in the area. He also concurred that the right- of-way would revert to the property that made the original dedication. Commissioner SNOW asked if the applicant could put a fence on her own property to prevent through traffic. Felsie replied that she would have to place the fence outside of the right-of-way and residents would have to walk around the fence to get to their parking. Lisa Bartow 6410 W. 44th Place, Wheat Ridge Ms. Bartow, property manager for the applicant, was sworn in by Chair BRINKMAN. She stated the vacation would provide safety for children in the area by preventing through traffic from entering their neighborhood. She stated that the apartment house owners have maintained and used this right-of-way for the last 27 years and that the apartment building has been inexistence for 38 years. JC Drain, owner to the east, purchased his land in December of 1998 and has been using the right-of-way for 4 months. She would like to put up a fence on the Planning Commission Minutes -2- May 6, 1999 east side of the driveway to protect children as well as the residents' quality of life. She entered the following documents into the record for the Commission to review: 1. Photographs of commercial vehicles using the subject area. 2. Petition containing 18 signatures of neighborhood residents indicating they are in favor of the vacation. Commissioner MacDOUGALL asked how many parking spaces were on the lot if the right-of- way is included and how many would be lost if parking was prohibited in the right-of-way. Ms. Bartow replied that there are 10 units, and 14 parking spaces. If the right-of-way could not be used, 4 parking spaces would be lost. In response to questions from Commissioner DOYLE, Ms. Bartow explained that the apartments were built in 1961 and the subject area has been used for parking since that time. The piece to the south was vacated in 1972. The present owner discovered she didn't own the driveway when she investigated the possibility of erecting a fence to prevent the truck traffic from using it as a thoroughfare. Commissioner THOMPSON asked how many parking spaces would be available without the use of the right of way. Ms. Bartow replied there would be ten parking spaces. Commissioner THOMPSON commented that off-street parking benefits the city as well as the neighbors. Commissioner COLLINS questioned the operation of a business in this zone stating that although the property is zoned commercial in the front, the garage is located in the back portion of the property that is zoned residential. Mr. McCartney stated that the city has taken code enforcement action in this matter. Ms. Bartow stated that the city has issued nine citations to the owner of the commercial property, but he has continued to use the property in spite of the citations. In response to a question from Chair BRINKMAN, Ms. Bartow replied that none of the neighbors who were approached with the petition refused to sign. Chair BRINKMAN asked if any accidents have occurred as a result of the truck traffic. Ms. Bartow replied that there have been no accidents but two police reports are on file. One resulted from her request to the owner of the commercial property to discontinue driving trucks through the area because of the children's safety. He threatened her and a police officer came out and took a statement. The morning after she filed the report, she made another report to the police department because her car tires had been slashed. The following individuals indicated they were in favor of the application, but did not wish to speak: Planning Commission Minutes -3- May 6, 1999 Christine VanDyke - 9346 West 44th Place Ruth Malone - 7610 Robinson Way Marlon Capillupo - 6410 W. 44th Place Jessica Stuhlmiller - 6410 W. 44th Place Toi Pietchell - 6410 W. 44th Place Mr. White noted, for clarification, that a copy of the deed included in the Commission packet indicated that the property was deeded to the County in 1960. Chair BRINKMAN asked if the owner of the commercial business could continue to use this area even after the vacation is granted by moving the guard rail and exiting father north. Mr. White replied that the city would have to grant permission for him to do this. Commissioner THOMPSON asked if the Commission could be assured that if the vacation takes place, the vacated parcel would legally belong to the applicant. Mr. White replied that ordinances for vacation of right-of-way direct the county assessor to assign ownership of property pursuant to state law. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. WV-99-02 be continued until such time as the City Council makes a definite decision about the park for the following reasons: Plans for the park are indefinite at this time. The City Council has made no final plans about whether or not to buy the adjacent land for a park and, if it is purchased, what the layout of the park and necessary parking will be. 2. Public Works has recommended denial due to the uncertainty of future development of the park and possible need for parking or access. 3. The problem of commercial trucks crossing the property can be stopped by city action. With an additional recommendation: 1. That the case can be reheard after City Council makes a decision about the park with no additional application fee. Vice Chair GOKEY stated that he would not support this motion because the park issue is indefinite and the applicant has a definite problem that needs to be addressed at this time. Mr. White asked for a point of clarification regarding what would constitute a council decision on the park situation. Commissioner SNOW offered the following amendment to the motion: Planning Commission Minutes -4- May 6, 1999 If the Council votes not to enter into negotiations for the park, that the applicant come back immediately. If purchase of the park is not approved by a year from now that the applicant can come back with no fee. The amendment was accepted by Commissioner THOMPSON. The motion failed by a vote of 1-7, with Commissioner SNOW casting the one affirmative vote and Commissioner SHOCKLEY absent. It was moved by Commissioner THOMPSON and seconded by Vice Chair GOKEY that Case No. V IV-99-02, an application for approval of right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44th Place) be recommended to the City Council for approval for the following reasons: The property has not been developed and has been recently used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this right-of- way for future use in the development of a park to the east of the right-of-way. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 44th Place due to safety reasons. It will not prohibit the possibility of legal access to West 44th Place for the land owner at 6375 West 44th Avenue. If the vacant land to the east is developed, there would be adequate access to West 44th' Place. With the following condition: We would retain the utility easement per the recommendation of the Public Works Department. Commissioner SNOW offered an amendment to the first reason to include the words "until very recently" preceding the words "used only as a parking lot......" The amendment was accepted by Commissioner THOMPSON and Vice Chair GOKEY. Commissioner SNOW noted that she would not support the second motion for the first three reasons stated in her motion to continue. Planning Commission Minutes -5- May 6, 1999 The motion passed by a vote of 6-2 with Commissioner SNOW voting NO and Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner MacDOUGALL seconded that the Planning Commission adopt a resolution that, regardless of the outcome of the vacation application, the staff take all possible steps to take legal action as soon as possible to stop the commercial usage of the property that is not zoned commercial including the use and passage of heavy trucks through noncommercial property onto West 44th Place. Commissioner COLLINS questioned the lack of action in spite of nine citations being issued to the commercial owner. Mr. White replied that it is an active ongoing case and he is not aware of the exact reasons for issuing each citation. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 8. OLD BUSINESS 9. NEW BUSINESS A. Vacancy on Planning Commission It was moved by Commissioner SNOW, seconded by Commissioner THOMPSON and unanimously carried with Commissioner SHOCKLEY absent, to adopt a resolution presented by Alan White requesting the City Council to announce a vacancy on the Planning Commission. 10. STUDY SESSION Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session for discussion of the Comprehensive Plan at 8:45 p.m. 11. ADJOURNMENT It was moved by Vice Chair GOKEY and seconded by Commissioner SNOW to adjourn the meeting at 9:48 p.m. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. Ann Lazzeri, Recording Secretary ANNE nAN, Chair C:\Barb=\PCRPTS\PLANGCOM\PCMIM7TE\ 1999\990506.wpd Planning Commission Minutes -6- May 6, 1999