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February 2, 2005
COMMISSIONERS PRESENT
Bill Marino, Chair
Charles Choi
Rich Urbanowski
Tom Quinn
Bunny Malm
John Plotkin
STAFF PRESENT
Jay Hutchison, City Engineer
Ben Mehmen, Civil Engineer I
Vince Harris, Planning Manager
Chad Minor, Senior Planner
John Padon, Traffic Engineer Technician
Vicki Kaufman, Planning Commission Secretary
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The following are the minutes of the February 2, 2005 Lakewood Planning Commission
Public hearing. A permanent set of these minutes is retained in the office of
the City Clerk and a tape recording is located in the department of Community
Planning and Development, City of Lakewood.
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INDEX
RZ-04-007: Request of Brenda Godfrey, Godfrey Press and Associates, to rezone 105 Wadsworth Boulevard from 1-R (Single Family Residential) and 1-C (Convenience Commercial) to PD (Planned Development) zone district for the development of a 10,200-sq. ft. multi-tenant commercial building
The roll having been called, a quorum was declared and the following business was conducted:
ITEM 1: _CASE NO. RZ-04-007
BRENDA GODFREY of 280 Columbine Street, Denver, Colorado 80206, who works for Godfrey Press & Associates, is the applicant. Brenda said this site is encumbered with some significant development challenges including a 100-year flood plain on the property, and wetlands on the property (these comprise about 20% of the land). The Rocky Mountain Irrigation Ditch, which currently bi-sects the property from an east/west direction is also a challenge. There is some ongoing environmental contamination on the site and ongoing remediation efforts that have hindered the development of this property for a number of years. Drake Real Estate, the applicant for this proposal, began design plans in May 2003. The site plan as it is shown tonight does not encroach or impact the 100-year flood plain, or into the wetlands. It relocates the Rocky Mountain Irrigation Ditch into an underground pipe so that development is possible. Coordination with the ditch company has been ongoing and very positive and a new easement agreement has been signed between the development company and the ditch company. Final design documents will then accompany the Article 15 Final Site Plan. This new proposal provides nearly 51% of the site as protected open space, undisturbed wetlands in flood plain areas, and landscape areas. Uses have been scaled back per talks with Staff and with adjoining neighbors. Design standards have been included in the architectural plan. Building height limitations allow for a single floor structure of only 20 feet. Hours of operation, hours for loading and receiving, and trash collection hours are all limited. They have been discussed with Staff and with the adjacent communities.
BRENDA GODFREY went on to say they want the building to front Wadsworth Boulevard and 1st Avenue. The north side of the building will include a large sidewalk and a patio area to provide seating for coffee shops and restaurants. A private sidewalk will be constructed along 1st Avenue to allow for pedestrian connectivity along the site. The existing sidewalk along Wadsworth Boulevard will be repaired and reconstructed where necessary. Wadsworth Boulevard will have right-in; right-out turn lanes and access along 1st Avenue will have full movement turning along that location. A traffic impact study was prepared to analyze whether this project or any future development would negatively impact the street system. It was determined that the street system would still function well. There is a large landscape area. The developer will be responsible for maintaining the landscape and the wetlands. The 100-year flood plain will also remain undisturbed and not be impacted by this development. There will be a new six-foot fence installed along the western boundary adjacent to the residents along 1st Avenue and a portion of another fence that will be for screening headlight glare to the adjacent properties. The applicants have met with the neighbors and the neighborhood organizations to find out what the major concerns are, which is why they have focused on screening issues. The storm water pond and the detention pond will be just north of the parking area and will be maintained by the developer. This will be a high quality architectural structure requiring masonry construction, standing seam metal awnings, cement pilaster finishes and a predominance of windows along the north, east and south elevations. The entries are on the north side of the building but great care was given to be sure there is visual interest and more of a pedestrian scale along all sides with patio areas and pedestrian areas in the project to give it a friendly feel. Brenda wanted to thank members of Staff for all of their hard work and the homeowners for their input.
CHAD MINOR, Senior Planner, gave the Staff report. He highlighted the compliances with the Comprehensive Plan. Staff recommends that the Planning Commission recommend City Council approve this case.
MARIANNE GARRISON of 7701 West 1st Avenue, Lakewood, Colorado 80226, is the neighbor directly west of this property. She thanked Brenda Godfrey for all her efforts but she does want to speak on behalf of the neighborhood as the citizen's who will be impacted the most by this rezoning. The neighbors are concerned about the traffic flow. They asked about some kind of a traffic flow device but were told there is no option available. Marianne was also concerned about the trash receptacle because her child's bedroom is right outside where the trash receptacle will be placed. She doesn't want a lot of noise from trash trucks after 7:00 p.m. if possible because that is her child's bedtime. Marianne said she appreciated efforts made by the developer to limit the time of trash pickup.
TIM BURTON of 7777 West 1st Place, Lakewood, Colorado, 80226, asked to speak as a homeowner in this neighborhood. He feels this is the best project they have seen in the last ten years or so. He is in favor of the project but is concerned about the impact to the flood plain. He acknowledges the efforts of the developer to address the flood plain. The other issue is that this project will sit on top of a hill. He would like to know that the landscaping will help buffer the noise and lights from the neighborhood.
COMMISSIONER URBANOWSKI asked how much traffic is expected from this development and how much will go down 1st Avenue?
KATHLEEN KRAGER, 899 Logan Street, Denver, Colorado 80204, is President of Krager & Associates, a transportation-engineering firm hired by the developer. She is an expert in her field. For the use of specialty retail and a bank with one drive-thru window anticipated, they project 68 vehicles in the peak hours. They estimate a total of seven vehicles would use 1st Avenue to the west of the site; three vehicles entering the site and four vehicles exiting the site onto 1st Avenue during peak hours. 1st Avenue carries approximately 800 vehicles to the west of this site during peak hours at this time. Kathleen said the hope is that this is going to be a neighborhood friendly project.
KATHLEEN KRAGER said, in her opinion, the neighbor with the most concern about traffic is concerned because of cars making U-turns into her driveway. However, the gas station entrance off of 1st Avenue occurs much closer to Wadsworth Avenue and cars often go into the residential area to make a U-turn. Kathleen thinks this site should actually reduce people making a U-turn in the neighbor's driveway because the new projects driveway will be a logical place for cars to turn around.
COMMISSIONER URBANOWSKI wondered if the hours of trash pick-up could be restricted?
CHAD MINOR said to his knowledge this is the first Planned Development that has had a restriction on hours of operation and the hours of trash pick-up.
JOHN HAUSER of Drake Real Estate, 600 17th Street, Suite 700 S, Denver, Colorado, 80202, said regarding trash pick-up, Drake Real Estate called several trash companies requesting that trash not be collected during certain times. But every trash company would not give them a specific window. They would agree only to pick up trash from 8:00 a.m. to 10:00 p.m. John doesn't think there is any realistic concern about trash pick-up after regular business hours. He is putting the hours in with caution because none of the companies will guarantee pick-up hours or days of operation.
COMMISSIONER MALM asked Mr. Hauser if he represented the company that will serve as the management group for this development?
JOHN HAUSER said yes, he owns Drake Real Estate who will be the soul owner of the property and will hire a property management company - a third party company - who will pick up the trash, mow the lawn, and clear off the snow.
COMMISSIONER MALM said she has negotiated hours with a trash company so she knows that is possible and she hopes Drake Real Estate will do the same for these neighbors if it becomes an issue. Just as long as Mrs. Garrison is comfortable and knows that John Hauser is the person for her to contact should a problem arise.
JOHN HAUSER said that they did negotiate hours with the trash company who agreed to not come before 8:00 a.m. or after 10:00 p.m. That is why he felt comfortable putting the language about trash pick-up in the document. John Hauser said he has spoken directly with Mrs. Garrison and she has his card should she have any problems.
COMMISSIONER PLOTKIN said he noticed a For Sale sign on the property. Is it for sale? Is this rezoning a condition for purchase of the property and who owns the property now?
JOHN HAUSER said Drake Real Estate would purchase the property at the end of this month if the rezoning goes through. The rezoning is a condition of purchase. Three individuals are the owners now.
COMMISSIONER QUINN said the applicant indicated there are some normal contamination problems on this site. Are those going to be taken care of as part of this proposal?
JOHN HAUSER said they have spent a tremendous amount of time understanding this problem and learning how to deal with it. The property has eight active monitoring wells at the site. Drake Real Estate will relocate a couple of them, abandoning a couple of them, and are working with the State of Colorado agency that oversees contaminated land. They will have ongoing monitoring wells to be sure the contamination is not a hindrance to any of the businesses or the development. The contaminants migrated onto their land. The Super Fund Clean Up Program, which is a federal program that gives financial allotment to businesses that clean up contaminated properties, has accepted this site. So there is an approved path to clean up the property.
COMMISSIONER QUINN asked if there was any risk of offsite migration of any contaminates.
JOHN HAUSER said at one time all four corners of the subject area were gas stations and had contamination. The source has now been stopped and the property is on a path to reduction and eventual elimination. Drinking water and things like that are not affected because it is down in the ground water and all the houses are on City Sewer and Water.
COMMISSIONER QUINN asked if the site would have to be cleaned up before it could be developed?
JOHN HAUSER said no, the path of recommendation is "natural continuation" which basically means hydrocarbon pollution will disintegrate by itself and go away so there is not active remediation proposed at this time on this property. All four of those corners are contaminated. The Super Fund Clean Up Program applicant is the owner of the southwest corner. The Super Fund not only helps clean up active mediation but also helps with the cost of ongoing monitoring and to have the wells tested.
COMMISSIONER CHOI asked Jay Hutchison if this is the watercourse that is traceable to CCU campus and comes down through south Lakewood gulch through the Wal-Mart parking lot, etc.? He said he is really concerned about the contamination. Does Jay have any knowledge of how the hydrocarbon process actually works?
JAY HUTCHISON, City Engineer, said yes this is the watercourse Commissioner Choi is talking about. He does not have firsthand knowledge of this particular site but it is fairly common for limited ground water contamination caused by hydrocarbons to be found and monitored over long-term basis.
COMMISSIONER CHOI asked the applicant about the spill light that might be coming onto the house of the adjoining neighbor. He said he noticed the light standards show a maximum of twenty-five feet , which is in line with the height of the building. He presumes the applicant is contemplating basic down light patterns that will protect the neighboring properties?
BRENDA GODFREY said yes, the fixtures are shoebox fixtures that have shields that surround the light source. The lighting plans are very sophisticated so that the light can be directed specifically so that there is a zero quick candle reading at the property line.
COMMISSIONER MALM asked what the length of the underground piping for the ditch would be?
BRENDA GODFREY said the Rocky Mountain Irrigation Ditch travels the length of the property from the west to the Right of Way on Wadsworth Boulevard. They have developed a plan to pipe the flow underground until it connects at the culvert at Wadsworth. There is a sixteen-foot wide easement that the property owner would grant to the ditch company that will preclude any structure from being set on top of the ditch.
COMMISSIONER MARINO asked what is the current Level of Service Traffic Rating for 1st Avenue?
KATHLEEN KRAGER said the intersection of 1st Avenue and the access turning left onto eastbound 1st Avenue is a Level of Service B for now and a Level of Service C in the year 2024. Level of Service C is a really good grade. The intersection of 1st Avenue and Wadsworth Boulevard is a Level of Service C today and will continue to decline without improvements as the years go on.
COMMISSIONER URBANOWSKI asked if the Rocky Mountain Ditch Company has to approve any kind of modifications to it's own structures before anything can proceed?
CHAD MINOR said that is correct.
COMMISSIONER MALM then said she has personally viewed the property and taken into consideration the testimony of the citizen's, the Staff report, and the applicant, and finding that this proposal meets the requirements of the City of Lakewood Comprehensive Plan, she moved that Planning Commission recommend to City Council approval of Case Number RZ-04-007 subject to a signed and correction free Mylar as specified in Item 1 of Staff's Report.
COMMISSIONER PLOTKIN seconded the motion.
COMMISSIONER QUINN applauded the applicant for leaving the wetlands and the flood plain undisturbed. He feels it is very well crafted proposal that considers the ecological planning.
COMMISSIONER URBANOWSKI said he agrees and is very impressed with the aspects of the design that protect the wetlands and the floodplain. He is disappointed with Mr. Hauser's comments regarding the limitation of trash trucks however. The neighbors have a right to expect a buffer between them and commercial properties. The buffer is being removed now and this rezoning will expand the commercial zone. Commissioner Urbanowski thinks the applicant should be nicer to the neighbor's whose concessions are minor and should be listened to.
COMMISSIONER PLOTKIN commented that if the developer's aren't sensitive to the neighbor's request, City Council might take it upon themselves to put a restriction on trash pick-up.
COMMISSIONER MARINO said he also applauds the applicant for this proposal. He wanted to thank the citizen's for coming out and speaking tonight. And if the street does further degrade, the citizen's should know they could come to the city. He also encourages the neighbor's to talk to the developer about trash pick-up if that becomes a problem.
COMMISSIONER MARINO said with respect to the buffering and the Comprehensive Plan, given the location of this piece of property so close to a major arterial (Wadsworth Boulevard), he believes the way this project will be constructed and the materials used do comply with the Comprehensive Plan.
Vote was 6-0 in favor of the motion.
ITEM 3: APPROVAL OF MINUTES FROM PUBLIC HEARINGS
Meeting minutes for January 5, 2005 and January 19, 2005 were approved. Both had 6 ayes, 0 nays.
ITEM 3: GENERAL BUSINESS
VINCE HARRIS, Planning Manager, wanted to tell the commission that Chad Minor will be moving to the Economic Development Division and will be assisting Carol Garton with Economic Development.
While there will be no senior planners right now but the City Planning Staff will do it's best to stay on top of issues coming before the commission.
There being no more general business to be discussed the meeting was adjourned at 8:10 p.m.
ADJOURNMENT
Vicki Kaufman, Secretary to the Planning Commission
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