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Home My WebLink About07/07/2005CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting June 2, 2005 t. CALL THE MEETING TO ORDER 7-111110I.M. In ME K-Ity 1-1911FICTI C1177 *1 tile IT'lunicipm WIN =1, 29th Avenue, Wheat Ridge, Colorado. pvmmn�� Commission Members Absent: Phil Plummer Staff Members Present: Alan White, Community Development Director Ann Lazzeri, Recording Secretary 6. Xf FORUM There was no one present to address the Commission during this portion of the meeting. Planning Commission Page I June 2, 2005 A. Case No.ZOA-05-01: ' An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the location of parking facilities. This case was presented by Alan White. The proposed ordinance would allow a business owner to purchase a parcel in a residential zone district to be used for parking. Commissioner B• INKMAN suggested that these types of situations might better be addressed through a special use permit process. Alan White explained that parking lots are not included in special permit uses. Commissioner WESLEY recognized that businesses sometimes need an avenue to expand parking but not sure this is the way to do it. Chair McMILLIN commented that the proposed ordinance could weaken the zoning code and that he preferred straight rezoning to commercial to allow parking lots. ilililililli 1111 1 111 111�� ffm��g t .1-i 1111:11- It was moved by Commissioner STEWART and seconded by Commissioner WESLEY to recommend DISAPPROVAL of Case No. ZOA-05-01 concerning the location of parking facilities with the modification as proposed by staff. The motion passed 7-0 with Commissioner PLUMMER absent. It was moved bv Commissioner WESLEY and seconded by Commissioner S l'EVFT7K recommend that planned development regulations be modified to allow application for rezoning for surface parking only to a straight commercial application rather than a planned development process. The motion passed 7-0 with Commissioner PLUMMER absent. In light of claims by some individuals that they were not noticed regarding the proposed development west of 1-70 near Youngfield, Commissioner WESLEY asked if the city had Chair McMILLIN requested that the city also check with other municipalities regarding the size of signs that are required to be posted on the property. He expressed concern that the present signs are too small to be read easily. Alan White explained that public hearing notices are sent via certified mail to property owners within 100 feet of any proposed rezoning. Notices are sent by the city with the cost later reimbursed by the developer. Planning Commission Page 2 June 2, 2005 developments. U 10 In Commissioner WESLEY suggested that the noticing area be based on the footprint of the development. The larger the development, the greater the area would be to receive public hearing notices. NEW BUSINESS COMMISSION REPORTS . . dMa6FA �� 03 101111 -01313 1 Im H # 4 1111 p 111� 1 0111 dilitil;al 11411a 1 113M 9=1 611011DIIIIJI 1 ,11111NIqlallit'111 #I I John McMillin, Chair 12= �m City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner SUBJECT: ZOA-05-02/Private Rezoning appeals DATE: June 29, 2005 - • - WRIMM-Will ' RPMR- - • VNIAVIWOV; review • private zone changes. Pursuant to Section 26-112 (Private rezoning), if a zone change application is given a denial recommendation • Planning Commission, the decision stands. The case is not forwarded to City Council public hearing unless a forinal appeal is filed with the City Clerk's office within ten working days. The following is a synopsis of Planning Commission review of the various land use approval processes and the prescribed process if a denial recommendation is made. The application fees paid by our applicants for all land use applications include the publication and noticing cost for City Council public hearing. 11, EM= Planning Commission is directed to give recommendations • City Council regarding land use case processing applications. . There are inconsistencies in the various land use application processes regarding appeals to City Council, 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings." N INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 1 . 1 - i I I I I I I 1 1111111 • WHEREAS, the existing process requires submittal of an appeal if Planning Commission recommends denial of a zone change request; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 3. SeverabihIL If any clause, sentence, paragraph, or part of this Zoning r. or the &glication thereoflo-any a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Suggrsession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirement's or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED • first reading by a vote of to in this day of , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by-a vote of - to -, this - day of 2005 SIGNED by the Mayor on this _ day • 2005. ATTEST: N= I ST publication: 2 nd publication: 1 44 le &K,44ve-Traram Effective Date: N City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner SUBJECT: Final Action -- Case No. WZ -05 -05 DATE: June 29, 2005 On * 2005, * Commission held a public - • request for zone change from to Planned Commercial Development and for approval Outline Development Plan for property • - at 4900 and 4990 Parfet Street. A motion • approve r uest with the following findings: • * • • • MR4161#1411401.1 affalRawil ' ILKI&MUMM0110 ealtagimmalks lilt, Bultuan"W-jut Staff would recommend a change to the bylaws (Section 31 — Tie Vote) to clarify that an additional motion should be considered. Option A: "I move to recommend APPROVAL • Case No. WZ-05-05, a request for approval of a zone change from Agriculture-One and Commercial-One to Planned Commercial Development and for *roiceTties located at 4900 and 4990 Parfet Street wit the following findings: 111 10 1111 Ift 4 11 111HROU With the following conditions: I (Repeat conditions from motion on page 1). Option B: "I move to recommend DENIAL • Case No. WZ-05-05, a request for approval of a zone change f nutho ej rn i I tore-OiWi-ii6 I The proposed commercial zone change is inconsistent with the Agriculture/Estate Residential designation • the Comprehensive Plan. 2. The proposed commercial development could be incompatible with the existing residences to the north. 3, There are regional drainage issues affecting the property which are unresolved." M [1][4Z ff L a - . : 0 DATE: June 27, 2005 RE: Case No. WZ-05-05: Medved Autoplex Alan White has asked me to describe to the Commission the current proceduAll status of this case. As the Commission will recall, the case came before you in a publ hearing on May 19, 2005. At the conclusion of the hearing, a motion was made recommend approval of the project to the City Council. That motion failed on a tie vo of 3 to 3. No further motions on the case were taken. I M= M01 I #I I I IRI-i 191 1**-S MITI WILISR r #• I 1W. H[Q a m I a N I I&I I I Q ON I NO. to It r NOW 17,1191-mrs The Commission's bylaws, at section 31, confirm that a tie vote means the proposal (here, the motion) is lost, but no other action is implied: 31. Tie Vote. In the case of tie votes on any proposal, the proposal shall be considered lost. I will be in attendance at the July 7 Commission meeting to answer any questions you might have. •