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HomeMy WebLinkAbout10/18/2012011 The meeting was called to order by Chair TIMMS at 7:03 pm. in the City Council Chambers of the Municipal Building, 7500 West 29' Avenue, Wheat Ridge, Colorado. Staff Members Present: Lauren Mikulak, Planner I Deborah Baker, Recording Secretary 3. PLEDGE OF ALLEGIANCE It was moved by Commissioner MATTHEWS and seconded by Commissioner BUCKNAM to approve the order of the agenda. Motion carried 7-0 with Commission GUILDNER abstaining. 140111,11 1 1 1 #1 1 # I . # « # t # =N lei In 1 4 # 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes October 18, 2012 A. Case No. WZ-12-08: An application filed by Matthew Rock for approval of a zone change from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W.42 Avenue. Prior to introduction of this case, Commissioner GUILDNER requested that she be recused from the case because she has known the applicants for a long time. It was moved by Commissioner BRINKMAN and seconded by Commissioner WEAVER to accept Commissioner GUILDNER'S recusal. The motion passed 6-1 with Commissioner MATTHEWS voting no and Commissioner GUILDER abstaining. Commissioner GUILDNER left the Council Chambers following the vote. This case was presented by Lauren Mikulak, She entered into the public record the contents of the case file, the zoning ordinance, and the digital presentation. All notification and posting requirements have been met. There is jurisdiction to hear the case. She reviewed the staff report and the digital presentation. Staff recommends approval of the zone change. Commissioner OHM asked if the City or applicant considered pedestrian and bicycle access to the Clear Creek Trail. Ms. Mikulak replied that the proximity to the trail has been of interest to the applicant, but direct access has not been considered at this time.. In response to Commissioner BRINKMAN's question, Ms. Mikulak replied that she does not know if the property is in or abuts the floodplain. Commissioner BRINKMAN said that she has seen what looks like evidence of parking on the property. Ms. Mikulak was not aware of what was making the marks. Staff has worked with applicant to clarify no parking or storage is permitted on a property without a primary structure. Commissioner BRINKMAN asked for clarification on the location of right of way lines shown on the map, Ms. Mikulak confirmed the right-of-way line is set back from the existing edge of pavement. Curb and gutter will likely need to be constructed when the site develops. In response to Commissioner BRINKMAN's question, Ms. Mikulak responded that W. 42nd Avenue and Xenon are both classified as local streets. Commissioner MATTHEWS commented that the back of the lot going down to the creek is very steep and approximately 20 feet above Clear Creek, so that would likely answer Commissioner BRINKMAN'S question that the property is likely out of the flood plain. Planning Commission Minutes -2— October 18, 2012 Commissioner MATTHEWS asked if utilities will be undergrounded if this property is developed. Ms. Mikulak replied that the Mixed Use code may either request or require undergrounding of utilities, but staff and the applicant haven't discussed this yet. Commissioner MATTHEWS commented that underground utilities would definitely improve the appearance of the neighborhood. In response to Commissioner MATTHEWS' question about the Mixed Use zoning, Ms. Mikulak explained that any portion of any building within 100 feet of a single family home may be no taller than four stories, no matter what the uses of the building are, Commissioner MATTHEWS asked if the property is exempt from charter height restrictions because it is in an Urban Renewal Area. Ms. Mikulak explained that the Mixed Use-Neighborhood zoning does not get exempted so the 35- and 50-foot height limits are hard caps. Chair TIMMS asked Ms. Mikulak when the NC and RC parcels to the north were rezoned. Ms. Mikulak replied that they were rezoned at least 10 years ago. She confirmed that the development of the lots is fairly recent. In response to Chair TIMMS' question, Ms. Mikulak stated that she thinks the Parks and Recreation District has occupied the site to the east for at least 10 years. In response to Chair TIMMS' question, Ms. Mikulak said there is no minimum lot size in MU-N. Potentially, the applicant could subdivide this lot as long as they meet other setback and parking requirements, but subdividing has not been discussed. Chair TIMMS asked for more information on the limited commercial uses mentioned in Ms. Mikulak's presentation, Ms. Mikulak replied that there are four mixed use zone districts and they get progressively more pet The Mixed Use-Neigbborhood zone district has the least amount of permitted uses. Ms. Mikulak read from the permitted use chart. Planning Commission Minutes - 3 — October 1 8, 2012 In response to Chair TIMMS' question, Ms. Mikulak replied that no industrial uses are allowed in MU-N. Commissioner MATTHEWS asked if, the Grainger property across the street would be allowed in MU-N. Ms. Mikulak replied that she is not familiar enough with the uses inside of the building to respond. If it is only offices, it would be permitted. If there is warehousing, then it would not be permitted. Commissioner BUCKNAM added that it is a wholesale-retail operation. Ms. Mikulak added that wholesaling is a conditional use in MU-N because of associated trucks traffic Commissioner BRINKMAN asked if Mr. Rock knew why there are tire tracks in the dirt area on the site. Mr. Rock responded that since it is a vacant lot and a dead end street, and a school is next to it, people probably use the site as a turnaround point, or use the area for parking. He doesn't know for sure. Commissioner BRINKMAN asked Mr. Rock if be inquired about the flood plain when be purchased the property in 1998. He responded that at the time of purchase they were informed the property was above the flood plain. It is his understanding that it is 25 feet above the flood plain. Commissioner BRINKMAN asked if Mr. Rock has met any of his neighbors besides at the neighborhood meeting. Mr. Rock stated that he knows the neighbor to the north, and has had some association with the neighbor to the west. Chair TIMMS noted that the legal description is Lot I Block I of the Rock Subdivision, and asked if Mr. Rock platted the property. Mr. Rock confirmed that he platted the property in 2003. Mr. Rock confirmed that previously the property was multiple lots and it was consolidated into one larger lot. Ms. Mikulak added that one of the previous lots was not developable. There was an cast/west diagonal lot line creating a small sliver on the southern portion of the lot, essentially where the ditch is now located. The two lots were consolidated to make one developable lot. Chair TIMMS opened the public hearing. Planning Commission Minutes -4— October 1 8, 2012 Commissioner BRINIKMAN asked Mr. Boom if he knows how much traffic Grainger Express has brought into the neighborhood. Mr. Boom thinks it has brought in considerable traffic, but since he is not home during the day he can't be sure. The school also brings in a lot of traffic. Commissioner BRINKMAN asked if there were signs on Xenon restricting truck traffic. Mr. Boom replied that there are no signs, and he does not know if the neighborhood has asked for it. Commissioner BRINKMAN asked Mrs. Beckfeld if there is a ditch running through that property. She replied that she did have, but does not now. In response to another question from Commissioner BRINKMAN, she doesn't remember if it is the Slater & Moody ditch. Planning Commission Minutes - 5 — October 18, 2012 Chair TIMMS asked if the Commissioners have any follow up questions. Commissioner OHM asked if a photometric plan is required, and if there a limit on the light that spills on adjacent properties. Ms. Mikulak replied that it is required for any new development that has building mounted or free standing lights. The code requires that exterior lighting be shielded to avoid illuminating beyond the property boundaries. Commissioner BRINKMAN asked why the ditch company and Public Works Department had no comments on the zone change. Ms. Mikulak explained the history and current status of the ditch on the subject property, and explained that no comments were generated because there is no specific use or site plan proposed at this time to comment on. In response to Commissioner BRINKMAN's question asking what the next step is for this case, Ms. Mikulak replied that the next step is a public hearing before City Council. The Planning Commissions will make a recommendation for approval or denial, but the Council will ultimately decide. The case is scheduled for the City Council meeting on January 14, 2013. Commissioner BUCKNAM asked if there has been any conversation about subdividing into two lots, and zoning both of thern R- I or R-2 considering the agricultural and residential uses existing on Xenon. Ms. Mikulak replied that subdividing under current Planning Commission Minutes - 6 — October 1 8, 2012 A -1 zoning is not possible. The minimum lot size in A- I is I acre, and this property is 1.1 acres. Residential rezoning has not been discussed but could be considered. Ms. Mikulak responded to Commissioner BUCKNAM's request fear clarification on the standards and placement of parking. Parking in MU-N should be next to or behind the building and not between the building and the street. Sandy Cusack 15901 South Westminister Road, Oklahoma City, OK Ms. Cusack identified herself as the daughter of LaVonne Beckfeld. She stated that although the Commission is challenged with the development of Wheat Ridge they also have an obligation to the citizens who have lived in the neighborhood for many years. Chair TIMMS closed the public hearing. Commissioner BUCKNAM commented that a residential type of zoning may be more appropriate than a mixed use zoning. He is concerned about introducing too much commercial or retail development into an area that may be better suited for purely residential. Commissioner WEAVER, commented that she understands the intention of MU-N is to provide a buffer, but an increase in commercial use is not going to provide the buffer; rather it seems to be encouraging more commercial development. Commissioner OHM observed that everyone from the public who spoke mentioned traffic as a major concern, and asked if it is possible to place restrictions on the types of uses permitted if the rezone is approved. After brief discussion, Ms. Mikulak agreed it may be legal but logistically those types of conditions are difficult to enforce. Commissioner BRINKMAN thanked the neighborhood for coming to the meeting and encouraged them to continue to come to the meetings. She does not believe the zoning change will be beneficial to the neighborhood, explained her reasons, and said she will vote no. Commissioner MATTHEWS stated he does not think mixed use development standards are appropriate for the subject lot. Commissioner BUCKNAM stated that agrees with the applicant and staff in recommending development of the site, but be thinks more appropriate development would be residential in nature. It was moved by Commissioner WEAVER and seconded by Commissioner BRINKMAN to recommend denial of Case No. WZ-12-08, a request for approval of a zone change from Agricultural-One to Mixed-Use Neighborhood, for property located at 12600 W. 42 d Avenue, for the following reasons: Planning Commission Minutes -7— October 18, 2012 1. The majority of the request does not meet the zone change criteria. 2. More commercial use further destroys the integrity of the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. Motion passed t Chair TIMMS voting no and Commissioner GUILDNER recusing herself. Commissioner QUILDNER returned to Council Chambers at 8:45 pm. 4 6 11101 1 kaymold • Ms. Mikulak reported that Kim Waggoner has accepted the position of Administrative Assistant to replace Kathy Field who transferred to Public Works in September. She will be starting work on Monday, October 22, 2012. • Commissioner OHM commented on the success of Ridge at 38' event. It was a very positive event for Wheat Ridge. Commissioner BRINKMAN thanked the staff and city for Boards and Commission dinner on October There were no other items to come before the Commission. The next Planning Commission meeting is scheduled for November 1, 2012. 0 01 $J "Vid I M It was moved by Commissioner BRINKMAN and seconded by Commissioner OHM to adjourn the meeting at 8:48 p.m. Motion carried 8-0. " Timms, Chair Deborah Baker, Recording Secretary Planning Commission Minutes October 18, 2012