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HomeMy WebLinkAbout01/15/151. 9 0 11 14"am"11 The meeting was called to order by Chair BRINKMAN at 7:00 pm. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. Commission Members Present: Commission Members Absent: Staff Members Present am Lauren Mikulak, Senior Planner Sara White, Planner 11 Meredith Reckert, Senior Planner Kim Waggoner, Recording Secretary It was moved by Commissioner TIMMS and seconded by Commissioner OHM to modity the agenda to read Resolution 01-2015 under Other Items. Motion carried 7-0. WE rss - ioner is to approve the minutes of December 18, 2014, as written. Motion carried 6-0-1 wi Commissioner WEAVER abstaining. I Planning Commission Minutes January 15, 2015 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. A. Case No. ZOA-14-06: After the staff presentation, Commissioner OHM asked if the modifications to Chapter 5 and to the building codes are consistent with state requirements for building safety. Ms. Mikulak indicated that the 2012 IBC codes included local amendments related to ventilation for marijuana businesses that go beyond state requirements, In response to a question from Commissioner TIM, Ms. Mikulak indicated that the policy decision to make marijuana stores a special use had been discussed at the December I City Council study session. In response to another question from Commissioner TIMMS, she did not know what the vote of Council had been at the first reading of the ordinance. Commissioner WEAVER asked why the cap had been set at fi ve stores. Ms. Mikulak stated that the cap of five aligns with the existing conditions, and noted that the moratorium had been instituted when there were public concerns over the potential opening of a sixth location, Commissioner WEAVER asked if there was a similar cap for liquor stores, to which Ms. Mikulak responded she was not aware of such a limit. Commissioner BUCKNAM asked for clarity on why marijuana-related advertising is subject to restrictive sign regulations and asked if these regulations were optional or mandated by the state. Ms. Mikulak explained the City Attorney has opined that municipalities can regulate the content, words, and images appearing in marijuana related signage, but cities have the option of locally adopting such regulations. Commissioner BUCKNAM expressed concern that marijuana related businesses were being regulated differently and more strictly than liquor stores. He noted that that Planning Commission Minutes -2— January 15, 2015 separation from parks and the aerial measurement method created a more exclusionary environment. In response to his question, Ms. Mikulak indicated that the new separation from parks was based on public concerns and the proximity between marijuana stores and places where children congregate. Chair BRINKMAN asked again for clarity on which sign regulations were mandated by the state and asked why they were being adopted locally. Ms. Mikulak explained that the state did not appear to have the resources to enforce all sign-related regulations. By adopting this language locally, there is clear jurisdiction for the City to enforce these regulations. In response to a question tram Chair BRINKMAN, Ms. Mikulak indicated that the parks separation does not consider whether or not a park property was purchased with GOCO funds. Chair BRINKMAN opened the public hearing. No one wished to speak. Chair BRINKMAN closed the public hearing It was moved by Commissioner TIMMS and seconded by Commissioner KI to recommend approval of the proposed ordinance amending Chapters 5, 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana establishments and retail marijuana establishments with the amendments as shown in Exhibit A. Commissioner BUCKNAM expressed his concern that there is a disparity in the regulation of liquor stores and marijuana businesses given that both are regulated controlled substances. He indicated his acceptance of the separation requirement already codified, but expressed disagreement with the proposed separation from parks and recreation facilities that effectively eliminate all eligible locations. Planning Commission Minutes -3— January 1 5, 2015 Commissioner BUCKNAM offered a friendly amendment to the main motion proposing that the ordinance be adopted as written with the exclusion of the 1000 - foot parks and recreation separation. Commissioner TIMMS did not accept the amendment. Ms. Reckert advised the Commission that they do not have jurisdiction over Chapter 11 in which the parks separation is located; she advised that all modifications by the Planning Commission be made in Chapter 26. In response to a question from Commissioner WEAVER, Ms. Mikulak indicated that Chapter I I pertains to businesses and licensing and does include regulations pertaining to the time, place, and manner of business operations which can resemble the zoning regulations that appear in Chapter 26. Commissioner WEAVEA seconded Commissioner BUCKNAM's friendly amendment. r l ? 7,4r JyXt 1posUr6TUUmnussumer BUCKNAM. The amendment was approved 4-3 with Commissioners BRINKMAN, OHM, and TIMMS voting no. There was no additional discussion. Motion approved 4-3 with Commissioners BRINKMAN, OHM, and TIMMS voting no. Planning Commission Minutes -4— January 15, 2015 In response to Commissioner BUCKNAM's inquiry, Ms. White pointed out I-E zone districts on exhibit 7. Commissioner BUCKNAM asked if the building height of 50-fect would typically accommodate a cellphone/broadcast tower. Ms. Reckert stated all the cell tower regulations limit the height of freestanding towers to 50-feet with antennas that extend beyond that and would be a pen use in the I-E zone district. Ms. Mikulak stated 50-feet is the maximum height in the Commercial-One district, Commissioner TIMMS asked if the I-E zone district allows outdoor storage. Ms. Reckert stated it does as long as it is screened from public streets. Chair BRINKMAN asked if the ditch company was included in the agency referral. Ms. White stated not as this stage because they are not affected by the rezoning as no development is proposed at this time. Ms. Reckert stated typically ditch companies are not included in the referral until a development modification proposal is presented. Staff encourages the developer to work with the ditch company for best design scenario. Planning Commission Minutes - 5 — January 1 5, 2015 Chair BRINKMAN opined the ditch companies should have the same weight as the other districts for referrals. Greg Herbers 14995 Foothill Rd., Golden, CO Mr. Herbers stated he had no additional comments. Commissioner TIMMS asked the applicant if he envisioned a mini-storage facility for the entire site and if the existing house/office would be kept. Mr. Herbers replied yes and the house will be kept for an office. There will be no outdoor storage or outdoor vehicle storage. Chair Brinkman opened the public hearing. Mike Wehling 3170 Wright St. Mr. Wehling stated he has not objections to the zone change. His father owns the land to the west. He stated his concerns about drainage due to the dirt that was hauled into the site that was to be removed, Chair BRINKMAN closed the public hearing. Chair BRINKMAN asked staff about the dirt. Commissioner KIMSEY asked if a FDP was accomplished. Ms. Reckert replied yes. 1. The proposed zone change will not adversely impact the public health, safety or welfare. Planning Commission Minutes -6— January 15, 2015 2MEMEMMMEM The commission took a break until 8:15 p.m. C. Case No. WSP-14-07:, Commissioner BUCKNAM asked if there any other signs in the vicinity or further north that are as tall as the proposed large multi-tenant sign on sheet two, Ms. Mikulak stated there was no analysis done to compare signs in the vicinity. Signs within a '/4 mile of the interstate can be 50 feet in height. Commissioner BUCKNAM continued the zoning for the development to the south is commercial. Ms. Mikulak concurred. Chair BRINKMAN asked if light from signs is prohibited from spilling onto other properties. Ms. Mikulak replied there is a provision in the exterior lighting standards that requires light to be substantially cut off at property line. The nuisance ordinance has been utilized to ask operators and businesses to turn down the brightness of signs. Chair BRINKMAN asked if there were any concerns about light pollution due to the placement of signage in relation to the apartments at the Morningside development. Ms. Mikulak stated she wouldn't expect any concerns as those signs will be 8 -feet tall. She deferred to the applicant, Planning Commission Minutes -7— January 1 5, 2015 Alicia Rhymer Development Director for MVG Development Ms. Rhymer stated it is important to ensure a unified sig plan ties into the overall f, development while allowing tenants to advertise in a complimentary manner. She stated she feels the proposal accomplishes those goals. In response to Commissioner TIMMS question, Ms. Mikulak stated the combined size of Lots 1-4 is 6.35 acres. Commissioner TIMMS asked if Morningstar will get a panel on the proposed 19-foot freestanding sign on Kipling. Ms. Rhymer stated Morningstar will have the fourth panel, unless Lot 2 has a multi-tenant building, in which case the multiple tenants will split the panel space and Morningstar will not be on the taller sign. Chair BRINKMAN closed the public hearing. 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is consistent with the intent of the sign code and appropriate for the context of the development. Chair BRINKMAN stated she is considering voting no, not because she didn't like the plan but to make a point that the sign regulations are woefully out of date and need to be updated. She likes the proposal but fears the commission will get more sign plans in the future before the sign codes are updated with more rigorous standards. Commissioner OHM agreed that the sign code should be updated. Be pointed out, however, that the applicant did compromise on the proposed plan and which includes 50% less square footage in exchange for more height, Planning Commission Minutes January 15, 2015 D. Case No, WV-14-01: After the staff presentation, Commissioner TIMMS asked about the nature of the small accessory building located in fi-ont of the school. Ms. Mikulak stated it has been used as a caretaker's cottage, library, and office over the years. It is not subject to the historical designation and may be removed if not reused. Chair BRINKMAN asked why the property was not being rezoned to consolidate the multiple zone districts that cover the site. Ms. Mikulak stated that a rezoning of the property is considered premature until an end user is certain. Chair BRINKMAN asked why historical designation had been sought since it can create an additional barrier to redevelopment. Ms. Mikulak indicated that the purpose of the Housing Authority's purchase was ultimately to preserve the building which this designation ensures. Chair BRINKMAN opened the public hearing. No one wished to speak. Chair BRINKMAN closed the public hearing It was moved by Commissioner WEAVER and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WV-14-01, a request for vacation of any City interest in the land adjacent to, and potentially part of, the West 44th Avenue right-of-way and adjacent to 10803 W. 44th Avenue, for the following reasons: Planning Commission Minutes -9— January 15, 2015 8. OTHER ITEMS A. ' Resolution 01-2015: A resolution establishing a designated public place for the posting of meeting notices as required by the Colorado open meetings law. Ms. Mikulak stated the purpose of the resolution is to fort declare that meeting notices are officially posted in the lobby of city hall. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve Resolution 01-2015, a resolution establishing a designated place for the posting of meeting notices as required by the Colorado Open Meeting law. Motion approved 7-0. B. A meeting is tentatively scheduled for February 5. C. In response to Chair BRINKMAN's question, Ms. Mikulak stated the commission will vote for the Chair and Vice Chair in March after appointments are made by City Council in February. 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner KIMSEY to adjourn the meeting at 8:58 p.m. Motion carried 7-0. P-MV ULU Planning Commission Minutes January 15, 2015