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HomeMy WebLinkAbout06/17/1999CITY OF WHEAT RIDGE PLANNING COMMISSION R G I N Minutes of Meeting June 17,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on June 17, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Staff Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Meredith Reckert, Sr. Planner Bob Goebel, Public Works Director Steve Nguyen, Traffic Engineer Chris Cramer, Planning Intern Ann Lazzeri, Secretary Meredith Reckert introduced Chris Cramer who will be working as an intern in Planning and Development for the summer. 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of June 17, 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 amend the agenda to add an item under Old Business which would set the next meeting for the Comprehensive Plan. The motion passed by a vote of 7-0. 5. APPROVAL OF MINUTES Chair BRINKMAN requested an amendment to the minutes of June 3, 1999 as follows: Page 3, fourth paragraph under Case No. WCA-99-03 should read as follows: "Chair BRINKMAN expressed concern about any land being rezoned to C-1..." Commissioner SNOW moved and Commissioner COLLINS seconded to approve the minutes as amended. The motion passed by a vote of 7-0. Planning Commission Page 1 June 17, 1999 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. WS-99-01: An application submitted by Jim Turgeon, et al, for approval of a 9-lot subdivision and site plan review with a variance for the purpose of constructing 16 townhome type units on Lots 4, 5, 8 and 9. Said property is zoned R-3 and located at 11680 West 46th Avenue and 11661 West 44th Avenue. The case was presented by Meredith Reckert. She informed the Commission that, upon discussion with the city attorney, staff concluded there is no need for a variance in this case and therefore the variance portion of the report should be stricken from the public record. She also submitted copies of a letter, dated June 17, 1999, from residents of 4515 Robb Street (Robert S. Mattox, Lorene M. Mattox, Diana J. Mattox-Jorgensen and George Jorgensen). After Commission members took time to read the letter, Ms. Reckert 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. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She explained that platting and site plan for the entire 5 acres is required pursuant to a 1980 zoning condition placed on the property and that, based on analysis of the proposed development on the north and of circulation in the area, a street extension between Simms Court and West 44th Avenue does not make sense. Since all requirements of the Subdivision Regulations have been met, staff recommended approval of the subdivision as proposed. Bob Goebel reviewed traffic circulation in the neighborhood associated with the subdivision. In response to a question from Commissioner GOKEY, Mr. Goebel stated that development of the southern piece of the property could result in back-to-back cul-de-sacs. In response to a question from Commissioner COLLINS, Mr. Goebel replied that a drainage study had been done, and that the dimensions of the detention pond appeared to be 75' long, 40-50' wide and 4' deep. Commissioner COLLINS expressed concern about all the asphalt in the area asked where water will be drained to. Mr. Goebel informed Commissioner COLLINS that the drainage plan was designed by an independent professional engineer and meets Urban Drainage and Flood Control District criteria as well as city drainage requirements. He also stated that the city performed drainage work on the adjacent Mattox property last year. Commissioner SNOW referred to the letter submitted by the Mattox family which implied concern with drainage on the subject property. Mr. Goebel stated that the Mattox family expressed appreciation for the city's drainage work on their property and he did not know they had any concerns until he read the June 17 letter. He suggested that members of the Mattox family who were present could address this issue later in the meeting if they so desired. Planning Commission Page 2 June 17, 1999 In reply to a question from Commissioner SNOW, Ms. Reckert replied that the city had received no response from the ditch company. Commissioner THOMPSON asked if the study took into consideration possible development of agricultural land to east and how it would impact traffic circulation. She expressed concern that the subject property is located in the middle of other vacant land. Steve Nguyen replied that the traffic study only addressed the proposed development and does not discuss any other parcels. If other sites develop, traffic will be analyzed in a separate study. Considering the size and type of land use proposed, he didn't foresee a major trip generation which would overload 46th and Swadley or 46th and Tabor. Chair BRINKMAN asked if Mr. Goebel felt there was a need for Simms to be completed on the basis of the additional units and traffic. Mr. Goebel replied that he did not feel there was such a need at this time. Commissioner THOMPSON referred to letter of November 19, 1996 from Meredith Reckert to Bob Goebel which stated the Planning Staff expects to see additional commercial and residential development in this area which will only exacerbate existing traffic problems. She asked, based on development which has occurred since 1996, if Mr. Goebel felt the study is still valid. Goebel replied that he believed the study is still valid and a signal light is still not warranted at the intersection of Tabor Street and W. 44" Avenue. Ms. Reckert presented an overhead of the site plan. She explained that her analysis of the site plan showed 45% building coverage, 18.5% hard surfaces and 36.7% in landscape coverage. A desirable aspect of the plan calls for shared driveways which reduces the number of curb cuts onto Simms Court. In conclusion, Ms. Reckert stated that staff recommends approval of the site plan as presented. The platting and the site plan for the entire five acres is required pursuant to the original 1980 zoning condition placed on the property and that the analysis of the proposed development and information, street circulation, etc. makes sense and that staff does not support the extension of the cul-de-sac bulb or right-of-way to the southern property line. Staff recommends approval of the subdivision as proposed. Mr. Goebel replied to a previous question from Commissioner COLLINS, and explained that there is a 15-inch pipe that goes south to 44th Avenue and connects into existing storm sewer. Rich Rodriguez 1700 Lincoln Street, #4100, Denver Mr. Rodriguez was sworn in by Chair BRINKMAN. He stated that he was with the law firm of Holme, Roberts and Owen and was appearing on behalf of the applicant. He noted that when this property was rezoned in 1980 it was intended to have a single high-density use of 105 units. The proposed use is well below the density proposed in 1980 and is consistent with revised zoning regulations adopted in 1997. The applicant has made every effort to comply Planning Commission June 17, 1999 with all conditions required by the city. He stated that the Parks & Recreation Commission request for cash in lieu of land dedication or transfer of water rights will be fully complied with. Regarding subdivision design, staff indicated that access for lots 1 and 2 on the southern portion do have standard city language for ingress/egress easement and the lot size is fully consistent with city regulations. The applicant hired a traffic consultant to do a traffic study. While the study did not consider possible development of adjacent property, it did consider project generated traffic and adopted standards and methodology approved by a traffic engineering transportation research board. Regarding Commissioner COLLINS' concerns regarding drainage, a drainage plan was submitted in accordance with city requirements and approved as meeting all required standards. In regard to Simms being completed, the applicant agrees that Simms Court is not a good idea mainly because of the drainage issue. If it were extended, the improvements for the property would have to be redesigned. He pointed out that Mr. and Mrs. Fightmaster have indicated they have no desire to develop the southern portion of the property. James Turgeon 706 Elm Circle, Golden Mr. Turgeon, the applicant, was sworn in by Chair BRINKMAN. Commissioner SNOW asked if he planned to dedicate water rights or pay cash in lieu of land dedication. Mr. Turgeon replied that it would probably be cash. In response to a question from Commissioner SNOW, Mr. Turgeon explained the proposed units would be very similar to the existing units. In response to Commissioner SNOW's concerns about handicapped parking, Ms. Reckert replied that handicapped spaces are usually not required in these types of designs. Mr. Turgeon replied that the single story units are designed to be handicapped accessible. Commissioner THOMPSON asked about the existing large trees on the property and asked if they could be saved. Mr. Turgeon replied that the trees could not be saved, however they would be replaced. Ms. Reckert explained that the city forester will assess the existing trees and the builders would be required to replace any trees removed with the equivalent caliper inch of new trees. Mr. Turgeon stated that he plans to complete the 6-foot privacy fence along the entire property. Commissioner MACDOUGALL asked if a safety barrier was planned around the detention pond. Mr. Goebel stated that safety barriers for a possible 100-year flood are not part of the city requirements. Commissioner COLLINS asked if there is an easement for the storm sewer easement across the southern portion of property. Mr. Turgeon replied that there is an easement which stops at his property. Herbert Fightmaster 11641 West 44th Avenue Mr. Fightmaster was sworn in by Chair BRINKMAN. Commissioner COLLINS asked if Mr. Planning Commission June 17, 1999 Fightmaster was aware of the utility easement on the east side of his property. Mr. Fightmaster replied that there was a utility easement along the east side of the property line to 44th Avenue. (Chair BRINKMAN declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:10 p.m.) In response to a request from Commissioner DOYLE, Mr. Turgeon reviewed the proposed placement of trees in the proposed project. It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that Case No. WS-99-01, a request for approval of a nine-lot subdivision for property located at 11681 West 44th Avenue and 11680 West 46th Avenue, be recommended to the City Council for approval for the following reasons: I . It is consistent with the original zoning condition. 2. All minimum requirements of the Subdivision Regulations have been met. 3. The Public Works Department's analysis of traffic circulation in the area and the traffic report submitted indicate that a connection between West 46th Avenue and West 44th Avenue is not desirable. With the following conditions: 1. That the mature trees at the southwest corner of the property be evaluated by the city forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. 2. That the 6-foot privacy fence be continued on the eastern portion of the property. Commissioner SNOW offered an amendment to the motion as follows: Condition No. 3 be added which would require a letter from the ditch company; and condition no. 4 be added which would require this case to be published as a preliminary and final plat for the City Council hearing. This amendment was acceptable to Commissioners THOMPSON and GOKEY. Commissioner SNOW stated that, even though she would vote in favor of the motion, she wanted to voice her concern that had the city not given permits for the first two buildings, Simms on the eastern side of the property could have gone through to provide the best traffic circulation. The motion passed by a vote of 7-0. Commissioner SNOW moved and Commissioner GOKEY seconded that the request for site plan approval in conjunction with Case No. WS-99-01 for property located at 11680 West 46th Avenue, be recommended to the City Council for approval for the following reasons: Planning Commission Page 5 June 17, 1999 I . It is consistent with the original zoning condition. 2. All minimum requirements of the R-3 zone district regulations have been met. With the following conditions: 1. That the mature trees at the southwest corner of the property be evaluated by the city forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. 2. That the 6-foot privacy fence be continued on the eastern portion of the property. 3. That a letter from the ditch company be required. 4. That this case be published as a preliminary and final plat for the city council hearing. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to reconsider the motion for approval of the subdivision on case No. WS 99-01 to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner . MACDOUGALL to add condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the motion for approval of the site plan for Case No. WS 99-01 be reconsidered to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the site plan be recommended to the City Council for approval for all the prior reasons and with all prior conditions with the addition of condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. B. Case No. WV-99-03: An application submitted by Jim Turgeon, et al, for approval of a right- of-way vacation for an unused portion of the street right-of-way adjacent to 4455 Simms Street. This case was presented by Meredith Reckert. She 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. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that staff would recommend that an easement be Planning Commission June 17, 1999 reserved over the area being vacated. Staff concluded there could be negative effects on 44th Avenue if Simms Street is extended. Since this extension is not needed for local circulation and all criteria used to evaluate the request have been met, staff recommended approval. In response to a question from Commissioner COLLINS, Ms. Reckert replied the vacated right- of-way would revert to Mr. Fightmaster. Commissioner COLLINS felt that it was confusing to have Mr. Turgeon apply for a street vacation on Mr. Fightmaster's property and he would, therefore, vote against the application. Richard Rodriguez returned to the podium. In reference to Commissioner COLLINS' concerns, he stated that all of the property owners involved in the subdivision have signed the application which is standard protocol in right-of-way vacations. Commissioner MACDOUGALL asked if there is right-of-way on the east side of the subject right-of-way. Ms. Reckert replied that it is a freestanding piece of right-of-way which does not adjoin any other right-of-way. It was moved by Commissioner DOYLE and seconded by Commissioner MACDOUGALL that Case No. WV-999-03, a request for approval of right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for approval for the following reasons: 1. There could be negative effects on 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44th Avenue. The motion passed by a vote of 5 to 2 with Commissioners SNOW and COLLINS voting no. Commissioner SNOW stated that she voted against the motion because she would prefer the right-of-way to stay in city ownership until the rest of the land in this area is developed. 8. OLD BUSINESS A. COMP PLAN Meeting Commissioner SNOW moved and Commissioner THOMPSON seconded that the Planning Commission continue the discussion of the Comprehensive Plan following the public hearing on July 1, 1999. The motion passed by a vote of 5-2 with Commissioner COLLINS voting no and Commissioner GOKEY abstaining. Planning Commission June 17, 1999 B. Drainage Plans - Commissioner COLLINS made a recommendation that drainage plans be available for review at the Planning Commission meetings rather than making a copy for each Commissioner. C. State Beauty Supply - Chair BRINKMAN requested code enforcement to look into the weed situation at this location. D. Brewer Tire Property - Commissioner THOMPSON asked staff to look into the tire stacking situation on this property. NEW BUSINESS A. Board of Adjustment - Commissioner SNOW expressed concern about instances where the Planning Commission denied an application only to have the applicant appear before the Board of Adjustment and gain approval of the same request. Commissioner SNOW moved and Commissioner GOKEY seconded to hold a joint meeting . with the Board of Adjustment to be scheduled by city staff. The motion passed by a vote of 7-0. 10. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to adjourn the meeting at 9:50 p.m. The motion passed by a vote of 7-0. a,-ta: &U ANNE BRINKMAN, Chair Ann Lazzeri, Recordin S cretary C:\Barbara\PCRPTS\PLANGCOM\PCMBdUTE\ 1999\990617.wpd Planning Commission Page 8 June 17, 1999