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HomeMy WebLinkAbout08/05/1999ORIGINA CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting August 5, 1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on August 5, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Staff Members Present: Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of August 5, 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 7-0. 5. APPROVAL OF MINUTES Chair BRINKMAN requested that, in future minutes, motions be highlighted in some manner. Commissioner SNOW moved and Commissioner GOKEY seconded to approve the minutes of the July 1, 1999 meeting as presented. The motion passed by a vote of 6-0 with Commissioner MACDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. CUP-99-01 An application from Compass Montessori School for approval of a conditional use permit for an additional classroom within an existing building on property located at 10351 West 44th Avenue and zoned Agricultural-One. Prior to presentation of the case, Chair BRINKMAN requested that Commission comments be limited to the case itself and that issues with charter schools, public schools, etc. be discussed with City Council at a different venue. The case was presented by Sean McCartney. He noted a correction to the staff report that Compass Montessori is now the owner of the property. 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 Commission was advised that there was jurisdiction to hear the case. No opposition has been received in regard to this application. Mr. McCartney stated that, although the staff report stated a city building permit would be required, it is incorrect because, as part of the R-1 school district, a city building permit is not required of the applicant. The six criteria used to evaluate a CUP were reviewed. Staff recommended approval of the application with a condition that shrubs at the corner of the driveway and West 44th Avenue be maintained at a 36-inch level or possibly removed. Commissioner GOKEY expressed concern about increased traffic resulting from the addition of a classroom and asked if an acceleration/deceleration lane should be required on 44th Avenue. Mr. McCartney replied that the traffic engineer had reviewed the matter and did not believe the extra lane was necessary. Commissioner GOKEY asked about city requirements for the Americans with Disabilities Act (ADA). Commissioner SNOW commented that ADA requirements are governed by federal (not local) law. In response to a question from Commissioner SNOW, Mr. McCartney replied that the reason the CUP does not comply with the Comprehensive Plan is that the Plan asks specifically for high density residential. Commissioner THOMPSON stated that she would prefer that rezoning be applied for in the future rather than issuing any more CUP's. She expressed concern about traffic circulation through the property. In response to a question from Commissioner MACDOUGALL, Mr. McCartney replied that the applicant would have to apply for another CUP in the case of any future changes planned for the building. Commissioner DOYLE asked about the posting of the property. Mr. McCartney explained that posting is only required for the frontage of the property; and that the sign fell down, but was put up again. Planning Commission Page 2 August 5, 1999 Commissioner THOMPSON asked if it would be possible to put a condition on the CUP to require the school to seek rezoning for any future changes to the buildings. Alan White stated that it would probably be possible to place a condition that any further modifications than those allowed in the last CUP should be pursued as rezoning, but reminded her that rezoning would allow many other uses on that property should the school ever leave. In response to a question from Commissioner GOKEY, Alan White replied that the school district has to be consistent with the city's zoning and cannot override local land use authority. Commissioner GOKEY asked why the Montessori school, as part of the R-1 School District, was required to come to the City for a CUP. Mr. White replied that, since the property in question is zoned agriculture, schools are only allowed under a CUP. If the property were zoned residential, the school could modify the building without permission from the City. Commissioner THOMPSON expressed concern about the possibility of parents driving both ways on this driveway in cases of inclement weather, etc. and asked if the driveway is wide enough for two-way traffic. Mr. McCartney replied that the driveway is 15 feet in width and 22 feet is standard for two-way traffic. Diane Sherk 5050 West 33rd Avenue Ms. Sherk was sworn in by Chair BRINKMAN. She stated there will be minor interior renovations to the building. No exterior renovations are planned other than changing the two exit doors so that they will swing out for fire safety. Planned renovations will bring the building into UBC conformance. A fire alarm and sprinkler system will be installed and the basement ceiling will be fire rocked. She stated that children will not be allowed in the basement area which is planned for storage purposes only. She further stated that the hours of school operation could be staggered if traffic problems develop. Commissioner DOYLE asked if modifications would meet fire codes and, also, how many children would be in the building. Ms. Sherk replied that the changes would meet fire code and there are plans for twenty children to use the building. Ms. Sherk stated that she could understand Commissioner THOMPSON's concern about the driveway and suggested two options: (1) installation of a gate which could be closed after teachers have parked; or (2) the driveway could be widened to accommodate two-way traffic. Regarding circulation around the playground, Ms. Sherk stated that the school had intended to extend the playground to the wooden fence, but has found that the circulation is beneficial for delivery access. She stated that the drive is never used by parents; however, the school would be open to gating it off, expanding the sod area or whatever is necessary to make sure it doesn't become a circulation problem. Commissioner THOMPSON expressed concern that, because it is a residential property which will be used as a commercial piece of property, she would like to see controls on the access because of the nature of 44th Avenue. She also asked if the school was considering rezoning in Planning Commission Page 3 August 5, 1999 the future. Ms. Sherk stated that she believes the school is a permanent entity in the community and would ultimately rezone the property. Commissioner SNOW asked if a ramp would be installed in this building for disabled students. Ms. Sherk said their plans do not call for that at this time; however, the main building is entirely handicapped accessible and therefore, no children would be turned away from the school because of the lack of handicapped accessibility. In response to a question from Commissioner SNOW, Ms. Sherk stated that she is a parent of a Compass Montessori student. In response to a question from Commissioner COLLINS, Ms. Sherk replied that the R-1 team inspected the building for asbestos and will remove any asbestos found. Richard Fulton 10545 West 46th Avenue Mr. Fulton was sworn in by Chair BRINKMAN. In response to questions from Commissioner GOKEY, Mr. Fulton stated that the school brings in school district funds and there is a preschool, extended day kindergarten and after school programs that provide revenue as well. He stated that charter schools are new and are quasi-governmental organizations and that he is an R-1 employee. The property is covered under R-1 property management and 75-80% of their revenue is from PPOR funds. The school makes payments to a lending and leasing agency to purchase the property. Commissioner GOKEY expressed concern about the increased enrollment of fifty students which would generate fifty more trips into that neighborhood. Mr. Fulton stated that fifty extra students doesn't necessarily mean fifty extra automobile trips because some of these students are siblings to current students and some students car pool. He also noted that the school addresses traffic problems, etc. to parents via their newsletter. Commissioner GOKEY asked if Montessori defaulted, who the property would revert to. Mr. Fulton replied that it was his understanding that it would go to Jefferson County Schools. Commissioner GOKEY expressed concern that the school is into daycare, etc.. and those types of businesses are governed by the city's planning and zoning department. Mr. Fulton stated that many public schools run before and after school programs. Chair BRINKMAN called a point of order and asked Commissioner GOKEY to limit discussion directly to the Conditional Use Permit. Commissioner GOKEY asked about the driveway. Mr. Fulton replied that he is confident the parents will comply with the school's request to avoid use of the driveway; however, the school would be willing to install a gate. Planning Commission August 5, 1999 Commissioner COLLINS inquired about the school's income tax status. Mr. Fulton replied that they are nonprofit and the status is 501(3)(C). Commissioner MACDOUGALL asked Mr. Fulton if he felt the school is at capacity with 200 students and if there were plans for future expansion. Mr. Fulton replied that, given the present facilities, they are at capacity and that they would like to build a multi-purpose room on the site some time in the future. Commissioner DOYLE asked about the fire alarm system. Mr. Fulton stated that the Fire Department has approved the fire alarm system and it is monitored by Denver Burglar Alarm Co. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. CUP 99-01, a request for approval of a Conditional Use Permit for expansion of the adjacent Montessori School at 10351 West 44th Avenue be approved for the following reasons: 1. The criteria used to evaluate a Conditional Use Permit supports approval of the request. 2. The staff recommends approval with the following condition: That the shrubbery at the entrance to the driveway be removed or cut down to a maximum height of 36 inches. Commissioner GOKEY offered an amendment to request that the driveway be increased to 22 feet in order to handle two-way traffic and that the shrubs be completely removed for safety reasons. Commissioner SNOW indicated she would not accept the amendment because she is concerned that a wider driveway would encourage heavier use. Commissioner GOKEY commented that he would like to see a one-way sign posted for the driveway. Commissioner THOMPSON offered an amendment to require that access be limited to West 44th Avenue and that no vehicle access would be allowed to the school property from the west to eliminate the circular traffic situation. Commissioner SNOW accepted the amendment to her motion. The motion passed by a vote of 6 to 1 with Commissioner GOKEY voting no. 9. OLD BUSINESS A. Planning Commission Vacancy - Chair BRINKMAN inquired about the status of filling the vacancy on the Planning Commission. Alan White replied that he was not aware that any applications have been received by the City. Chair BRINKMAN stated that she would like the City Council to make this a priority. Planning Commission Page 5 August 5, 1999 B. Comprehensive Plan Hearine - The public hearing on the Comprehensive Plan is scheduled for Thursday, August 12. Commissioner SNOW commented that she would prefer the Commission make a final decision on the Comprehensive Plan after public comment is received. C. CDOT Meeting - Commissioner THOMPSON expressed concern and disappointment about the CDOT meeting she attended. None of the plans showed any change to the west in the industrial and cemetery area. All of the designs showed Younglield being moved closer to the residential neighborhood with no plans for berms or other barriers. CDOT indicated that the City staff supported moving the on/off ramp next to the truck stop to the storage area location and then expanding the truck stop to be closer to the residential area. It did not seem that public comment was considered. Alan White encouraged Commissioner THOMPSON to relay her comments to the consultant as soon as possible and to also share her concerns with Bob Goebel who is the City's contact on this project. 10. NEW BUSINESS A. APA Conference - Alan White reminded the Commission of the APA Conference to be held in Breckenridge and asked that anyone wishing to attend so inform Barb Delgadillo. B. Parks and Recreation Master Plan - Alan White informed the Commission that the Master Plan is slated for the August 12th Planning Commission agenda. C. Circulation Plan for 44th and 46th Avenues - Alan White stated that, due to a couple of applications received from the Fruitdale area, a neighborhood meeting will be held on August 25th to be followed up with a study session with City Council. The purpose will be to discuss a circulation plan for 44th and 46th avenues from Robb to Tabor. 11. ADJOURNMENT Commissioner SNOW moved and Commissioner THOMPSON seconded that the meeting be adjourned at 9:00 p.m. The motion carried by a vote of 7-0. ANNE BRINKMAN, Chair T Ann Lazzeri, Recordi g ecretary Planning Commission August 5, 1999 Page 6