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HomeMy WebLinkAbout10/06/2011PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION October 6, 2011 Case No. WZ- 11 -07: — An application filed by William Last for approval of a zone change from Commercial -One (C -1) to Mixed Use - Commercial (MU-C) for property located at 4565 Kipling Street. ,PJame Address In favor /Opposed / U/Zlc< Fv L��G� �i L+ UJGl. Aj 4\ Cn�CE CEO S Irl�tS �PPvs�o � City of ' `7) heat"idge PLANNING COMMISSION Minutes of Meeting October 6, 2011 1. 2. 3. 4. 5. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:02 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: Alan Bucknam Tracy Guildner Dick Matthews Scott Ohm George Pond Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Marc Dietrick Meredith Reckert, Sr. Planner Lauren Mikulak, Planner I Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner MATTHEWS to approve the order of the agenda. The motion carried 6 -0. APPROVAL OF MINUTES — September 15, 2011 Commissioner POND requested an amendment to the minutes on page 7 to include comments made by Commissioner BRINKMAN after the motion. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of September 15, 2011 as amended. The motion carried 6 -0. (It was later discovered that these comments were already included on page 6.) Planning Commission Minutes 1 October 6, 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) 7. PUBLIC HEARINGS A. Case No. WZ- 11 -06 An application filed by Atecs for T- Mobile for approval of an amended Outline and Final Development Plan for property zoned Planned Industrial Development located in the L &K Industrial Park, including property addressed as 10700 West 50 Avenue. 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 of the application for reasons, and with conditions, outlined in the staff report. In response to questions from Commissioners TIMMS and POND, Ms. Reckert stated that the nearest CMRS tower, located approximately west of the subject site on Van Gordon, is currently nonconforming and is 150 feet in height. The city code does not contain spacing requirements for cell towers. There are restrictions for setbacks and requirements for screening. Steve Warner T- Mobile Representative Mr. Warner entered maps into the record showing coverage before and after installation of the proposed tower. Commissioner TIMMS asked if a 50' tower would accommodate three providers. Mr. Warner said it would depend on the carrier and its coverage objectives. It is possible there could be two additional carriers, but it would be more likely to have only one additional. Commissioner TIMMS asked the applicant if he would be agreeable to one freestanding CMRS tower per lot. Mr. Warner stated that this question would need to be answered by the owner of the property. He did comment that locations too close to each other could present interference problems. Chair Bucknam asked for further public comment. Hearing no response, he closed the public hearing. Commissioner TIMMS suggested a condition allowing one CMRS tower per lot. It was moved by Commissioner OHM and seconded by Commissioner GUILDNER to recommend approval of Case No. WZ- 11 -06, a request for approval of an amended Outline and Final Development Plan for property zoned Planned Industrial Development located in the L &K Industrial Park, Planning Commission Minutes 2 October 6, 2011 including property addressed as 10700 West 50 "' Avenue for the following reasons: 1. Both the IGpling/I -70 Urban Renewal Plan and Envision Wheat Ridge support the amendment. 2. The evaluation criteria used to evaluate a zone change supports the request. With the following conditions: 1. Minor language and typographical errors be corrected prior to the City Council public hearing. 2. A note be added indicating that CMRS equipment shall be screened with split -face block wall to an 8-foot height. 3. One CMRS tower up to 50 feet in height be allowed per property parcel. The motion carried 6 -0. B. Case No. WZ- 11 -07 An application filed by William Last for approval of a zone change from Commercial -One (C -1) to Mixed Use - Commercial (MU -C) for property located at 4565 Kipling Street. Commissioner MATTHEWS disclosed that the subject property is located directly north of his office. He stated there has been no ex parte contact and he has no financial interest in the property. He further stated that he believed he could act on this matter in an unbiased fashion. It was moved by Commissioner OHM and seconded by Commissioner POND that Commissioner MATTHEWS be recused from hearing the case. The motion failed 5 -1 with Commissioner MATTHEWS voting in favor of the motion. This case was presented by Lauren Mikulak. 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 outlined in the staff report. Staff recommended a condition that a 30 -foot right -of -way reservation be established along the Kipling Street frontage. William Last Mr. Last, the applicant, stated that he has placed an offer on the property subject to zoning approval. He plans to build a storage facility on the property. He stated he has 20 years experience in the storage facility business. His plans would allow the residence on Lee Street addressed as 4471 Kipling to use the driveway. Planning Commission Minutes 3 October 6, 2011 In response to a question from Commissioner TIMMS, Ms. Mikulak provided photos of other facilities operated by Mr. Last for the Commission's examination. Mr. Last stated that exterior doors would not face Kipling. In response to a question from Commissioner MATTHEWS, Ms. Mikulak explained transparency standards for mixed use zones. There is a requirement of 40% transparency for facades facing a main street and 25% for other facades facing public space. In this case, only the Kipling fagade would be affected. Commissioner GUILDNER expressed concern about the high crime rate in the area. Mr. Last explained that there would be a security gate entrance with limited hours and an on -site manager with security camera surveillance. Units would have coded door openers instead of padlocks that can be easily cut. In response to a question from Commissioner TIMMS, Ms. Mikulak explained that residential units are not required in mixed use districts. In response to questions from Commissioner POND, Mr. Last stated that he is somewhat aware of the City's architectural standards and found no issues that would affect his proposed building. The entire building is planned to be two stories in height with all upstairs units having interior access. The first floor would also have some interior access. There would be approximately 150 units total. Commissioner TIMMS asked what zone districts allow mini - storage as use by right. Ms. Reckert explained they are allowed in industrial and planned commercial development. Mr. Last had the options to rezone to mixed use and request a conditional use permit or rezone to planned development. Chair BUCKNAM asked to hear from members of the public. Maurice Fox 4465 Kipling Mr. Fox stated that he is co -owner of the property to the south of subject property. He expressed opposition to the rezone due to the danger it would present to citizens north of property as there are many children in the area. Further, there cannot be adequate roadways into and out of the property. He did not believe the proposed use is in conformance with the City's vision. He intends to file an official protest which will require a'/ majority vote of City Council for approval. Larry Fike 4465 Kipling Mr. Fike stated that he is co -owner of property at 4465 Kipling with Mr. Fox. He expressed concern about parking and whether there would be sufficient dumpster space for people moving out of the units. He asked if there would be a fence on Planning Commission Minutes 4 October 6, 2011 the south side of the property to prevent people from driving through his property to access the storage units. Karen Joos 4452 Lee Street Ms. Joos asked if the proposed storage facility would have access from Lee Street. She also expressed concern about moving trucks accessing the property from Kipling because of heavy amount of traffic the street carries. She was also concerned about crime and possible break -ins to the storage units. Ms. Reckert explained that access to the proposed facility would not be allowed from Lee Street. Ms. Mikulak explained that any use on this property would have to undergo a site plan review which would include a traffic study. The police department would also be involved in review of the use. Chair BUCKNAM asked for further public comment. Hearing no response, he closed public hearing. Commissioner TIMMS asked about the vacant property across Kipling to the east. Ms. Mikulak explained that the property is designated as commercial node. William Last returned to podium. In response to questions from Commissioner POND, Mr. Last stated there would be a fence line along the south side of the property leaving a I0 -foot easement for a drive on the south side of the fence. He explained there would be dumpsters on site. Customers want to park very close to their storage unit so they don't have to carry items any further than necessary. People would not be able to access the storage area from the 4465 Kipling property. In response to questions from Commissioner BUCKNAM, Mr. Last stated that a pick -up truck is the average vehicle that brings contents to the storage unit. Perhaps 10% of the vehicles would be u -haul type trucks. Commissioner MATTHEWS commented that he likes the mixed use zoning and extensive work has been done to create it. The property has been an eyesore for many years and he would like to see it improved; however, he stated he would vote for denial because he did not believe the zone change criteria has been met in this case. Commissioner GUILDNER stated that she would also vote against the application. She did not believe this is the place for public storage. Planning Commission Minutes 5 October 6, 2011 Ms. Reckert reminded the Commission that the focus of this case is on the zoning. Even if mixed use zoning is approved, the proposed public storage would then need to meet the conditional use criteria. Commissioner TIMMS agreed that the site has been derelict for decades and the city has worked extensively to create a mixed use zone district which is a good thing. However, with potential redevelopment across Kipling and the priority of the interchange there, and with the property having a zoning of Commercial -One which is the most permissive commercial district in the city, he was not sure that mixed use was the best zoning for this piece of property. Since mini - storage is typically an industrial use, he expressed concern about introducing industrial use into this area and would therefore vote for denial. Commissioner OHM commented that the neighbors have indicated they would like to see more screening which is in contradiction to the mixed use zone district for reduced landscaping and indicated that he would also vote for denial. Commissioner BUCKNAM stated that with residential on one side, commercial on the other and a large undeveloped property across the street, he believed there was a case for mixed use zoning on this property and would vote in favor of the rezone. It was moved by Commissioner GUILDNER and seconded by Commissioner MATTHEWS to recommend denial of Case No. WZ- 11 -07, a request for approval of a zone change from Commercial One to Mixed Use Commercial for property located at 4565 Kipling Street for the following reasons: 1. The traffic 2. The neighborhood 3. The crime rate The motion for denial carried 4 -2 with Commissioners BUCKNAM and POND voting no. Note: The reasons for denial were not elaborated upon during the motion, but refer to the discussion during the public hearing. Traffic concerns related to the high amount of traffic already existing on Kipling, and the possibility that redevelopment would contribute additional traffic volume. Concerns related to crime and neighborhood are based on the pattern of crime already present in the I- 70 and Kipling area and the possibility that redevelopment (particularly a mini - storage facility) may contribute to crime rates and detract from the neighborhood. 8. OTHER • Commissioner TIMMS asked staff to check for possible code violations on property located at the corner of 50` and Oak. Planning Commission Minutes 6 October 6, 2011 • Ms. Reckert reminded Commissioners that the City Council public hearing on the 38 h Avenue Sub -Area Plan will take place Monday, October 10. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to adjourn the meeting at 8:45 p.m. The motion carried 6 -0. Q Alan Bucknam, Chair Viµ'✓" �J Ann Lazzeri, Secretary Planning Commission Minutes 7 October 6, 2011