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HomeMy WebLinkAbout05/20/2010City of WheatWdge PLANNING COMMISSION Minutes of Meeting May 20, 2010 2. 3. 4. 4 CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam John Dwyer Dean Gokey Dick Matthews George Pond Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Marc Dietrick Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Tim Paranto, Public Works Director Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner GOKEY and seconded by Commissioner DWYER to approve the order of the agenda. The motion carried 7 -0. APPROVAL OF MINUTES — May 6, 2010 Because this meeting was not recorded and a minute taker was not present, Commissioners advised which motions they made and seconded. It was moved by Commissioner BRINKMAN and seconded by Commissioner DWYER to approve the minutes of May 6, 2010 with the following additions: Planning Commission Minutes 1 May 20, 2010 • Commissioner BRINKMAN moved and Commissioner DWYER seconded to approve the order of the agenda. • Commissioner Bucknam moved and Commissioner DWYER seconded to approve the minutes of April 15, 2010 as presented. • Commissioner GOKEY moved and Commissioner DWYER seconded to adjourn the meeting at 9:05 p.m. The motion passed 6 -0 with Commissioner TIMMS abstaining. 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 who wished to address the Commission at this time. 7. PUBLIC HEARING A. Case No. MS- 10 -02: An application filed by the City of Wheat Ridge Parks & Recreation Department for approval of a 4 -lot minor subdivision plat for property located at 3790 Kipling Street zoned Commercial One and 3701 Johnson Street zoned Planned Commercial Development. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and informed the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. She also entered a copy of an e -mail she received from Dalmon M. Larson, 9940 West 35 Avenue. In response to a question from Commissioner TIMMS, Ms. Reckert explained that, should the cafe want to use Lot 4 for parking, a consolidation plat for Lots 2 and 4 would be necessary. Rezoning would not be necessary. In response to a question from Commissioner DWYER regarding access to Lot 4, Mr. Paranto explained that the Kipling access will eventually be closed, however, access to 38 Avenue will always remain. Joyce Manwaring Parks and Recreation Director Ms. Manwaring stated the intent of the subdivision request is to support the small business on the corner that needs the property for parking. In response to a question from Commissioner MATTHEWS regarding parcel 3, Ms. Manwaring explained the intention is to leave it as undeveloped park land and provide future flexibility for lot consolidation with the cafd. Planning Commission Minutes 2 May 20, 2010 Commissioner BRINKMAN asked what happens to land purchased with Open Space funds that is not used for park purposes. Ms. Manwaring explained that the charter requires an 8 -0 vote of City Council to dispose of park land. When the land is purchased with Open Space funds and then sold, those funds go back to the City's share of Open Space funds to be used for development of future parks. Permission was obtained to sell Lot 4 only. Lot 3 will remain undeveloped at this time. Chair MATTHEWS asked citizens who wished to address the Commission to stand and be sworn in before testifying. The following citizens addressed the Commission: Suzanna Coates Ms. Coates stated that she was speaking on behalf of the surrounding neighborhood. She stated there was objection to the creation of Lot 3 which has been designated for future park expansion. Since there is no planned use for it now, there is no need to split it into a separate lot. She requested that Lot 3 not be created but left as part of Lot 1. Dalmon Larson (A copy of Mr. Larson's e-mail to Meredith Reckert and Joyce Manwaring was previously entered into the record.) He commented that what should be a win - win -win situation for the cafd, the City and the neighborhood is currently meeting with skepticism. He requested that Lot 3 be kept as it is. Commercial development of this lot could produce a domino effect. No Lange Mr. Lange objected to commercial development of Lot 3. He stated that he lives near the stairs that come down from the rear of high school property. Until a gate was constructed, the area contained significant litter from the high school students. He was concerned that if Lot 3 were to be developed as a fast -food use it would create parking congestion and littering. Delores Tapia -Lange Ms. Lange stated her major concern is that the land was purchased with Open Space funds and now there is a possibility that Lot 3 could have a commercial use. Leslie Coffman Ms. Coffman stated that she agreed with the Lange's comments and that it is important to save the land for park use. Planning Commission Minutes 3 May 20, 2010 Douglas Linder Mr. Linder stated that he had no objection to Lot 4 being used for cafe parking, however he was puzzled about Lot 3. He asked that Lot 3 be left as part of Lot 1. Perhaps in the future, Lot 3 could be used as parking for users of the park. Dennis Richey Mr. Richey stated that he lives across the street from Lot 3 and experiences accumulation of trash from Corner Store patrons. He expressed concern about the effect on the neighborhood if commercial development takes place on Lot 3. Tanya Saavedra Ms. Saavedra was opposed to commercial development that would increase traffic congestion and littering. It would be preferable for commercial development to take place across Kipling where the thrift store and Starbucks are located. Commissioner BRINKMAN clarified that Lot 3 is currently zoned Planned Commercial Development and designated Community Commercial in the Comprehensive Plan. Ms. Reckert stated that City Council reserved the right to allow commercial uses on this lot. In response to a question from Commissioner BUCKNAM, Ms. Reckert clarified that Lots 1, 3 and 4 are all zoned Planned Commercial Development and that the list of permitted uses for Lot 3 are those allowed in the RC zone district. In response to a question from Commissioner DWYER, Ms. Reckert stated that a drive- through fast food business in this location would require a special use permit. Chair MATTHEWS asked if there were others who wished to address the Commission. Hearing no response, he closed the public hearing on this case. It was moved by Commissioner POND and seconded by Commissioner GOKEY to approve Case No. MS- 10 -02, a request for approval of a four -lot minor subdivision on property zoned C -1 located at 3790 Kipling Street and property zoned PCD at 3701 Johnson Street, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the sale of Lot 4 to the owner of Lot 2 for parking lot expansion. With the following conditions: 1. A note be included on page 1 explaining that the function of tracts B and C are for future right -of -way purposes and specifying that they cannot be transferred to a third party for development purposes. Planning Commission Minutes 4 May 20, 2010 2. That the note on page one indicate that Lots 2 and 4 not be sold separately. The motion carried 6 -1 with Commissioner DWYER voting no. Commissioner MATTHEWS commented that the requirement for an 8 -0 vote from City Council required to transfer Lot 3 to anyone other than the City provides a sufficient level of safeguards for the neighborhood. (The meeting was recessed for ten minutes at 8:10 p.m.) B. Case No. WZ- 10 -03 An application filed by Arvada Fire Protection District for approval of an amended Outline Development Plan (Specific ODP) to allow a fire station on property zoned Planned Industrial Development and located at 5250 Oak Street. This case was presented by Meredith Reckert. 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. Staff recommended approval for reasons, and with conditions, as outlined in the staff report. In response to a question from Commissioner TIMMS, Ms. Reckert stated that that the northern access would provide for two -way traffic. Commissioner BRINKMAN asked if the Architectural Design Manual was helpful as a guideline. Ms. Reckert stated that staff is finding there needs to be some modifications regarding transparency issues. It also does not apply well with industrial development. In response to a question from Commissioner TIMMS, Brad Bonnet with Allred & Associates stated that the timing has not changed. They plan to begin construction in fall of this year. In response to a question from Commissioner GOKEY, Chad Hiatt with the Arvada Fire District stated that the station design will easily accommodate future development of the area. It is a 50 -year facility, at the least. Chair MATTHEWS opened the public hearing. Roy Eshbaugh Mr. Eshbaugh stated that he was appearing on behalf of about twenty neighbors that live in the area. The neighborhood has been assured that noise won't be much of problem and they are looking forward to having the fire station in the neighborhood. Planning Commission Minutes 5 May 20, 2010 Chair MATTHEWS asked if there were others who wished to speak. Hearing no response, he closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner GOKEY to recommend approval of Case No. WZ- 10 -03, a request for approval of an amendment to the Outline Development Plan for Lot 1 of Block 4 of Skyline Estates #3 to meet the provisions for a specific ODP for construction of a fire station at 5250 Oak Street for the following reasons: 1. It will allow AFPD to proceed to the administrative FDP stage and building permit. 2. The proposed ODP amendment for a specific plan is consistent with the standards established on the underlying plan. 3. The proposed use will provide a buffer and land use transition from the industrial uses on the south side of Ridge Road to the residential neighborhood to the north. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The title of the document be modified to be Amendment No. 2. 2. Public Works' suggested language regarding an emergency signal be added to the plan. 3. On the elevation sheet, the reference to EIFAS be changed to stucco. The motion carried 7 -0. 8. OTHER ITEMS It was moved by Commissioner BRINKMAN and seconded by Commissioner DWYER to adjourn the regular meeting to study session at 8:13 p.m. The motion passed 6 -1 with Commissioner GOKEY voting no. Study Session - Mixed Use Zoning Update Sarah Showalter reviewed Draft 2 of the proposed mixed use zoning code which highlighted revisions that were made since the last study session. Based on feedback from the mixed use zoning task force and open house held on May 12, several key items will be updated in Draft 3 including building heights; auto - oriented uses; mixed use requirements for mixed large sites (over 5 acres); residential transitions; and potentially provisions for nonconforming properties. Due to time restraints, several items including auto- oriented uses, mixed use requirements for large sites, and paving maximums will be discussed at the next study session on June 3. Planning Commission Minutes 6 May 20, 2010 9. ADJOURNMENT The study session adjourned 9:17 p.m. Ann Lazzeri, Secretary Planning Commission Minutes 7 May 20, 2010