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HomeMy WebLinkAbout06/18/2009City of l Wheat Pge PLANNING COMMISSION Minutes of Meeting June 18, 2009 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair REINHART at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 h Avenue, Wheat Ridge, Colorado. 2. 3. 4. 5. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Marc Dietrick John Dwyer Henry Hollender Dick Matthews Davis Reinhart Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Jim Chilvers Steve Timms Meredith Reckert, Senior Planner Jeff Hirt, Planner II Mark Westberg, Public Works Dept. Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner DWYER to approve the order of the agenda. The motion passed 6-0. APPROVAL OF MINUTES - May 21, 2009 It was moved by Commissioner MATTHEWS and seconded by Commissioner HOLLENDER to approve the minutes of May 21, 2009 as presented. The motion passed 5-0 with Commissioner BRINKMAN abstaining. Planning Commission Minutes 1 June 18, 2009 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Commission. PUBLIC HEARING A. Case No. WZ-09-03: An application filed by RV America for approval of a zone change from Commercial-One and Commercial-One with conditions to a Planned Commercial Development and approval of an outline development plan for property located at 11808 West 44`h Avenue. Prior to presentation of the case, Commissioner BRINKMAN asked to recuse herself from hearing the case because she knows the applicant and could stand to gain monetarily from approval. The Commission voted 5-0 to accept her request. At this point, Commissioner BRINKMAN left the council chambers. Meredith Reckert was sworn in by Chair REINHART. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Ms. Reckert submitted a memorandum from the Wheat Ridge Urban Renewal Authority, dated June 17, 2009 stating their findings concerning this property. The proposed use is not in conformance with the West 44th Avenue and Ward Road Redevelopment Plan; however, due to the proposed I-70 access ramp relocation, the nature of the area will change making commercial uses on the subject property a more viable option. Further, more specific redevelopment information may show that a mix of uses on the subject property could be found in compliance with the current West 44`h Avenue and Ward Road Redevelopment Plan. Staff recommended approval for reasons, and with conditions, as contained in the staff report. Commissioner DWYER asked if approval would cause RV America to go out of business. Ms. Reckert explained the present use could continue until a final development plan is approved and a building permit issued. In response to concern expressed by Commissioner HOLLENDER about allowing gas stations, Ms. Reckert commented that the use was proposed to be allowed because the location would be very good for gas sales with it's proximity to the new ramps.. In response to a question from Commissioner REINHART, Mr. Westberg explained that the 20 foot right-of-way reservation for the west side of Tabor Street would allow the new public improvements to line up with the public improvements on Tabor north of 44`h Avenue. If the property on the east side of Planning Commission Minutes 2 June 18, 2009 Tabor were ever redeveloped, an additional ten feet would probably be requested to make a full 50 feet of right-of-way. By reserving right of way the entire length of Tabor to the southern property line, it would give flexibility for future development. It would only be widened if necessary to accommodate development of the property. Commissioner HOLLENDER expressed concern that the requirement for a 20 foot setback from the eastern property line could allow a building adjacent to the Tabor Street right-of-way line. Meredith Reckert agreed that the language should be changed to say the setback is from western end of reservation. Mike Pharo Land planning consultant for property owner, Hari Sach Mr. Pharo and Mr. Sach were sworn in by Chair REINHART. Mr. Pharo stated that he was not opposed to the condition that self storage be eliminated from the list of permitted land uses. He was opposed to the 20-foot right-of-way reservation because he believed it amounts to the taking of his client's land with the possibility that a road may never be built. He felt that roadway widening on Tabor south of any new access would change the uniqueness of the neighborhood. He showed three different scenarios of redevelopment of the site. Chair REINHART asked to hear from members of the public. Diane Tipton Ms. Tipton was sworn in by Chair REINHART. Ms. Tipton was representing her mother who owns property to the south of the subject property. She stated that she would like the city to promote the unique neighborhood to the south of the development. The Comprehensive Plan shows there should be houses north of the existing neighborhood. She believed commercial development would decrease property values. She was opposed to widening the street because it would bring more traffic to the neighborhood. Commissioner DWYER commented that twenty feet would allow business customers to park on the street adjacent to the property rather than going down into the residential neighborhood. In response to a question from Commissioner HOLLENDER, Ms. Tipton said she believed that duplexes on the southern end of the property would also reduce neighborhood property values. Ron Markow Mr. Markow was swom in by Chair REINHART. Mr. Markow agreed with Ms. Tipton's comments and expressed opposition to the plan. He wanted the southern portion of the subject property to be zoned residential and buildings on the northern portion to be limited to one story in height. Planning Commission Minutes 3 June 18, 2009 George Isquith Mr. Isquith was sworn in by Chair REINHART. He was opposed to the plan and didn't believe there was any need for change from the present situation with the RV sales business in front and RV storage on the southern end. Margie Brown Ms. Brown was sworn in by Chair REINHART. She stated that she is married to George Isquith. She expressed opposition to commercial use on the southern end of the subject property. Chair REINHART asked if there were others who wished to address the Commission. Hearing no response, he closed the public hearing. Commissioner HOLLENDER stated that he could see both sides of the story, commenting that the RV business is not doing well during these economic times. Because this area is near a major interchange, any proposed development would be an improvement over what presently exists. Commissioner MATTHEWS expressed concern regarding hotel-motel use on the property because of high crime rates associated with such uses in Wheat Ridge. He was also opposed to a 20 foot right-of-way to the southern boundary of the property. Commissioner DIETRICK commented that he believed a better land use than RV storage could be developed. He expressed hope that a final development plan would be sympathetic to neighborhood concerns. Commissioner DWYER agreed with Commissioner DIETRICK. The land owner has a right to sell his property and make it as marketable as possible. At the same time, there is an obligation to residents nearby to not destroy the character of their neighborhood. He stated that he was not convinced about gas station use because it is a heavy drive-through use and could possibly contaminate water supplies. Commissioner REINHART stated that he is always uncomfortable when a plan doesn't meet the Comprehensive Plan. However, revitalization of the site would be an improvement if neighbors are adequately protected. He didn't believe that the public interest would be served by asking more right-of-way to extend the road beyond what a reasonable entrance to the site would be. At the request of a citizen, Chair REINHART re-opened public hearing. Doris Meakins Ms. Meakins expressed concern about status of her water rights if the land is developed. Mr. Westberg explained that existing water rights are well protected. Planning Commission Minutes 4 June 18, 2009 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REINHART closed public hearing Commissioner HOLLENDER encouraged residents to stay involved throughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER and seconded by Commissioner DWYER to recommend approval of Case No. WZ-09-03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located at 11808 West 44`h Avenue for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the 1-70 on and off ramps dramatically changes the commercial development potential of this property. 3. Evaluation criteria support approval of this request. With the following conditions: 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area "A". 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 5. Notes be added in conformance with item 4 of the Public Works comments dated May 4, 2009. Commissioner MATTHEWS offered a friendly amendment to remove Use No. 34 from the list of permitted land uses. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5-0 with Commissioners BRINKMAN, CHILVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA-09-02: An ordinance amending Chapter 26 pertaining to residential development standards. Planning Commission Minutes 5 June 18, 2009 Jeff Hirt was sworn in by Chair REINHART. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the proposed ordinance. This ordinance has been previously discussed at Planning Commission and City Council study sessions. It was moved by Commissioner MATTHEWS and seconded by Commissioner HOLLENDER to recommend approval of the proposed ordinance amending Chapter 26 concerning residential development standards. The motion passed 6-0 with Commissioners CHILVERS and TIMMS absent. 8. OTHER ITEMS Jeff Hirt announced his resignation to take another position. The Commission expressed appreciation for his fine work while serving in the Community Development Department and wished him well in his new endeavor. • It was moved by Commissioner DWYER and seconded by Commissioner MATTHEWS to cancel the July 2, 2009 Planning Commission meeting. The motion passed unanimously. 9. ADJOURNMENT It was moved by Commissioner HOLLENDER and seconded by Commissioner DWYER to adjourn the meeting at 9:05 p.m. The motion passed unanimously. Davis Reinhart, Chair C Ann Lazzeri, Secretal Planning Commission Minutes 6 June 18, 2009