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HomeMy WebLinkAbout01/20/2011City of WheatWidge PLANNING COMMISSION Minutes of Meeting January 20, 2011 2. 3. Q 5. 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 Marc Dietrick John Dwyer Dick Matthews Scott Ohm George Pond Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam 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 TIMMS and seconded by Commissioner DWYER to amend the order of the agenda to add a 38` Avenue Task Force update under Other Items. Commissioner TIMMS also requested that a 38 Avenue Task Force update be included as a standing agenda item. The motion carried 7 -0. APPROVAL OF MINUTES — January 6, 2011 It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to approve the minutes of January 6, 2011 as presented. The motion carried 6 -0 with Commissioner DWYER abstaining. Planning Commission Minutes 1 January 20, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) No members of the public wished to speak at this time. PUBLIC HEARING A. Case No. WZ- 10 -09: An application filed by RV America for approval of a zone change from C -I and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) for property located at 11808 West 44 Avenue. Commissioner BRINKMAN requested to be recused from hearing the case because she is a friend of the applicant. She also noted that, for the sake of consistency, she recused herself from hearing the last case the applicant brought before the Commission. The Commission voted 7 -0 to grant Commissioner BRINKMAN's request. (Commissioner BRINKMAN left the council chambers at this time.) The 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 concluded that the rear portion of the property is currently underutilized. Further, there are changing conditions in the area which will dramatically impact the commercial viability of the property. Zone change criteria also support the request. Therefore, staff gave a recommendation of approval with conditions outlined in the staff report. Following several clarification questions from Commission members, the applicant addressed the Commission. Mike Pharo Land Planning Consultant Mr. Pharo, representing the applicant, stated that the land is presently under- utilized in light of the fact that 2/3 of the property can only be used for recreational vehicle storage. Further, the C -1 area abutting 44 is too small for any reasonable redevelopment. The applicant is requesting the rezone in order to expose the property to the marketplace. He did not believe the northern portion would ever be developed to maximum allowances specified in the MU -C Interstate zone district. He stated that he had no problem with separation of the property into 2 different zones. He did not agree with the third condition that asks for a 20 -foot right -of -way dedication along the entire frontage of Tabor Street. This would be detrimental to residential property owners to the south and would Planning Commission Minutes 2 January 20, 2011 change the character of the neighborhood. He could see no reason for this request which would penalize the applicant and asked that the condition be reconsidered. Commissioner TIMMS asked if the applicant's intention is to immediately place the property on the market if the zoning is approved. Harry Sach Owner, RV America Mr. Sach stated that the property would be placed on the market if the zoning change is approved. He stated that he is not sure whether the property would be more valuable with the zone change. Mike Pharo returned to the podium. In response to Commissioner POND'S comment that Tabor would most likely provide access to the southern portion of the property, Mr. Pharo stated that he sees this as a single property with a zone line in the middle. The applicant is not proposing that traffic would go south into the residential neighborhood and then go west into the property. In response to a question from Commissioner DWYER, Mr. Pharo stated that no studies have been done or development proposals received at this time. He did not see the use as being any more intense than normal retail use with a floor area ratio of .25 or .22 to 1. He didn't think buildings would be 6 -8 stories, but more likely 2 -3 stories. Commissioner DWYER asked why the applicant is asking for Mixed Use Commercial Interstate (MU -C Interstate) for half of the property rather than asking for Mixed Use Neighborhood (MU -N) for the entire piece. Mr. Pharo replied that he believed the northern portion of the property fits well with Mixed Use Commercial Interstate (MU -C Interstate) and that they are recognizing the interstate opportunities as well as the neighborhood conditions. He did not think MU -C Interstate would be out of character for 44 °i Avenue. Chair MATTHEWS opened the public hearing. Diane Tipton 4311 Tabor Ms. Tipton voiced her opposition to any zone change of the property. Tabor is a very narrow road with inadequate place to turn around. There has been an increase in traffic on Tabor since the interchange has opened. She stated that RV storage is the perfect business to abut her residential neighborhood. Commissioner DWYER asked Ms. Tipton how she felt about the proposed 20- foot dedication on Tabor. Ms. Tipton objected to Tabor narrowing down to a one- lane road which would present a danger as more traffic would be driving down the one -lane road, turning around and then speeding out of the neighborhood. Planning Commission Minutes 3 January 20, 2011 George Isquith 4250 Tabor Mr. Isquith voiced his opposition to the zone change. He believed Mr. Sach should sell the property as it is presently zoned. In response to a question from Commissioner TIMMS, Mr. Paranto stated that Tabor Street, north of 44 Avenue, would run to the proposed light rail station. The light rail station will serve people more to the north and west of 44 Avenue. A signal at 44 and Tabor has not been analyzed for warrants at this time. A light most likely would be necessitated by traffic on Tabor north of 44 rather than necessitated by development of the subject property. In response to a question from Commissioner MATTHEWS, Ms. Reckert stated that individual RV storage is presently allowed as well as inventory storage. Commissioner DWYER commented that while he thinks it is unlikely there would be an 8 -story building on the site, it seems that MU -C Interstate zoning is a very intensive use and he would prefer MU -N zoning on both parcels for the protection of residents to the south. Commissioner OHM commented that a 20 -foot right -of -way dedication would better provide for emergency access. Access from Tabor could be economically beneficial to owners of the property and would also provide opportunities for utility tie -ins. He suggested that the existing fence on the southern border could be replaced with a 6 -8 foot height masonry wall with a landscape buffer that would also provide sound mitigation. Commissioner TIMMS commented that he would have difficulty supporting MU- N on the north portion of the property. Single family homes facing 44 Avenue would not be desirable. Commissioner MATTHEWS stated that, while he agreed that MU -C Interstate is an intense use, the property has a right - turn -in and right- turn -out so people would be driving away from the interstate when they leave the property. He questioned the need for a 20 -foot right -of -way dedication to the south property line on Tabor. Commissioner POND agreed with Commissioner TIMMS that MU -C Interstate is more appropriate for the 44 Avenue frontage. He believed there was a reasonable need for the right -of -way dedication for emergency access and development considerations. Mike Pharo returned to the podium. He stated that the right -in and right -out situation on 44 Avenue is one reason there is no objection to dedicating right -of- way along Tabor to the zone demarcation line. Dedicating right -of -way to the south would penalize the applicant because he is asked to reserve land that he can't utilize. Planning Commission Minutes 4 January 20, 2011 In response to a question from Commissioner OHM, Mr. Pharo stated that he would be agreeable to an access easement from the northern half to the southern half of the property. He stated he has no desire to access the southern piece through the residential area south of the zone demarcation line. Chair MATTHEWS closed the public hearing. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use - Commercial Interstate and Mixed Use - Neighborhood for property located at 11808 West 44` Avenue for the following reasons: 1. The rear portion of the property is currently under - utilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20 -foot right -of -way be dedicated along the frontage of Tabor Street to a line consistent with the A -1 zoning line on the east side of Tabor Street. Commissioner DWYER stated that his right -of -way condition was to make it difficult to sell the property in two pieces. Unless there is access from 44 "' Avenue, selling the property in two pieces creates a land - locked parcel. Commissioner TIMMS commented that the approval of the application would not prohibit the opportunity during the platting process to acquire right -of -way if needed. The motion carried 5 -1 with Commissioner DWYER voting no and Commissioners BRINKMAN and BUCKNAM absent. It was moved by Commissioner POND and seconded by Commissioner DWYER to break for a five- minute recess. The motion passed 7 -0. (The meeting was recessed from 8:17 p.m. to 8:23 p.m.) Planning Commission Minutes 5 January 20, 2011 (Commissioner BRINKMAN returned to the meeting.) B. Case Nos. WZ -10 -08 and MS- 10 -04: An application filed by Hoss Electric for approval of a final development plan (FDP) amendment and a 3 -lot re- subdivision for property zoned Planned Industrial Development (PID) and located at 5130 Parfet Street. The 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 concluded that the proposed FDP is consistent with the standards established in the Outline Development Plan (ODP) and all requirements for a Planned Commercial Development (PCD) Final Development Plan have been met. Staff recommended approval of the application with conditions outlined in the staff report. Commissioner TIMMS suggested that it may be a good idea to rezone the southern portion PID at some time in the future. Commissioner BRINKMAN asked if approval of the application would nullify all past code infractions. Ms. Reckert stated the city will no longer pursue code enforcement if the application is approved. She also commented that the applicant was given the choice of moving everything out and restoring the property to the pre- existing condition or apply to amend the Final Development Plan. The applicant will still be required to work with various agencies to ensure there are no violations relating to water issues. Commissioner BRINKMAN expressed concern that about the Swadley and Wadsworth Ditches. Ms. Reckert explained that both ditch companies were contacted and only the Wadsworth Ditch responded. The Swadley Ditch did not respond. Commissioner POND asked what would happen if the applicant does not meet the schedule as conditioned for approval of the application. Ms. Reckert stated the applicant would be cited back into court for remedial action by the judge. Jim Powers Mr. Powers stated that he was assisting Mr. Hoss, the applicant, in coordinating the FDP process. He was also the architect for the building in the original FDP. Commissioner OHM asked if the proposed grading on Lot 1 complies with State of Colorado laws. Mr. Powers stated that it would not push water onto the east property because of the grades and a conveyance swale. There is a drainage easement for Lot 1 that goes down through Lot 2. Planning Commission Minutes 6 January 20, 2011 In response to a question from Commissioner OHM, Mr. Powers stated that the utility companies are okay with the additional fill on top of the utility easements as long as there is access. In response to a question from Commissioner TIMMS, Mr. Powers stated that the Swadley Ditch Company is aware that the ditch has been piped for quite some time and there is an agreement relating to such. He also stated that the Wadsworth Ditch Company has plans to pipe the ditch. Mr. Powers stated that the applicant is aware he cannot use Lot 2 for any purpose. The inability to use Lot 2 will result in an economic impact for the applicant and represents a significant "slap on the hand" for his past zoning violations. Mr. Powers did not believe three months is adequate for completion and requested a deadline of six months. Chair MATTHEWS asked to hear from members of the public. Chuck Stiesmeyer 4996 Parfet Street Mr. Stiesmeyer spoke in favor of the application. He stated his surprise that the Swadley Ditch had been piped. Ms. Reckert stated that she would agree with changing the condition of approval from three months to six months. Commissioner BRINKMAN requested a condition of approval that the staff review paperwork regarding piping of the Swadley Ditch to make sure everything is in conformance. It was moved by Commissioner DWYER and seconded by Commissioner POND to recommend approval of Case Nos. WZ -10 -08 and MS- 10 -04, a request for approval of a Final Development Plan and a 3 -lot resubdivision for property zoned Planned Industrial Development located at 5130 Parfet Street for the following reasons: 1. The Final Development Plan is consistent with the standards set forth in the approved Outline Development Plan for the site. 2. All requirements for a PCD Final Development Plan have been met. With the following conditions: 1. The development standards table for Lot 1 shown on Sheet 2 of 4 be amended so that the minimum front setback requirement is 50 feet rather than 60 feet as shown. 2. The site data table shown on Sheet 4 of the FDP is incorrect and should be deleted. Planning Commission Minutes 7 January 20, 2011 3. The site data table for Lot 2 on Sheet 4 of 4 of the FDP should be amended to indicate that the areas not covered in recycled concrete are natural areas and comprise 65% of the lot coverage. 4. All improvements on the revised FDP must be in place no later than six months after City Council approval. 5. Staff shall review paperwork to ensure that piping for the Swadley Ditch is in conformance. E:A Commissioner BRINKMAN stated that she would vote for the application but does not want this to set an example for other property owners to go ahead and do things out of conformance with zoning and then work with the City to make their actions acceptable. Commissioner MATTHEWS agreed with Commissioner BRINKMAN's comments. OTHERITEMS • 38` and Wadsworth Task Force update — Meredith Reckert reported that the first meeting of the Stakeholders Committee is scheduled for March 10, 2011. The first public meeting is scheduled for March 15, 2011. Commissioners BRINKMAN and TIMMS are members of the Stakeholders Committee. 9. • Meredith Reckert informed the Commission that no cases are scheduled for February 3. It was moved by Commissioner BRINKMAN and seconded by Commissioner POND to cancel February 3, 2011, meeting. The motion carried 7 -0. • Commissioner BRINKMAN suggested a joint meeting between Planning Commission and the Board of Adjustment. ADJOURNMENT It was moved by Commissioner POND and seconded by Commissioner BRINKMAN to adjourn the meeting at 9:23 p.m. The motion carried 7 -0. a Ann Lazzeri, Secretary ir Planning Commission Minutes 8 January 20, 2011