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HomeMy WebLinkAbout11/16/2006 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting November 16, 2006 1. CALL THE MEETING TO ORDER The regular meeting ofthe Wheat Ridge Board of Adjustment was called to order by Chair WESLEY at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinkman (arrived at 7: 10 p.m.) Jim Chilvers Johu McMillin Phil Plummer Jerry Scezney Cassie Spaniel Scott Wesley Commission Members Absent: Kim Stewart Staff Members Present: Travis Crane, Planner II Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner PLU.MMER and seconded by Commissioner SPANIEL to approve the order ofthe agenda. The motion carried 6-0. 5. APPROVAL OF MINUTES - October 19, 2006 The following amendment was offered by Commissioner PLUMMER. He wanted his amendment to the October 5 minutes to contain the following statement: He believed the $800,000 designated for the Miller Street parking should be used for a parking lot on the west side of Kipling in the 4200 block similar to that on the east side of Kipling for the Greenbelt. It was moved by Commissioner CHIL VERS and seconded by Commissioner SPANIEL to approve the minutes of October 19, 2006 as amended by Board of Adjustment November 16, 2006 - 1 - Commissioner PLUMMER. The motion carried 6-0 with Commissioners BRINKMAN and STEW ART absent. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Commission at this time. (Commissioner BRINKMAN arrived at 7: 10 p.m.) 7. PUBLIC HEARING A. Case No. WZ-06-08: An application filed by Wilson Community Development for approval of a Final Development Plan for property located at 5220 Quail Street. B. Case No. WS-06-02: An application filed by Wilson Community Development for approval of a 25-lot subdivision plat for property located at 5220 Quail Street. These cases were presented concurrently by Travis Crane. He entered all pertinent documents into the record and advised Commission members that there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of these cases for reasons, and with conditions, outlined in the staff report. Commissioner BRINKMAN asked if open space would be irrigated. Mr. Crane explained that plans do not call for irrigation because it is a detention area, however a drought tolerant sod would be used. Commission McMILLIN stated that he was pleased that there would be a recreational use for the detention pond. He expressed concern about non-irrigated sod and suggested that the developer or homeowners association be required to keep the sod watered in times of drought. Commissioner WESLEY expressed concern about an inherent risk to children by placing play equipment in a soggy detention area that could be flooded. Mr. Crane commented that detention ponds must be designed to drain within 24-40 hours and children would not be outside playing in the area during a heavy downpour. In response to a question from Commissioner BRINKMAN, Mr. Crane explained that the homeowners association would be responsible for maintenance of the detention area. If the area is not maintained, the city would issue a citation. Board of Adjustment November 16, 2006 -2- Steve Wilson 162 South Corona Street, Denver Mr. Wilson, the applicant, was sworn in by Chair WESLEY. He noted that Charles Richardson, owner of the property, was present. He reviewed the drainage plans. In response to concerns expressed about the detention area, he stated that he would probably end up with an irrigation water tap to ensure that the area would be maintained. He agreed with the conditions of approval as set forth by staff. Frank Whaling 5006 Parfet Street Mr. Whaling was sworn in by Chair WESLEY. He expressed concern about the effect of the development on his water rights from a ditch along the west side of Quail Street. He was concerned that widening the street would cause his ditch to be relocated or else it would be under the intersection. He wanted assurance that his water would not be cut off because of the development. Steve Wilson returned to the podium. He stated that he believed the ditch is located outside of the right-of-way. He assured Mr. Whaling that he would do whatever it takes to protect his water rights. Mr. Crane stated the city would also ensure that Mr. Whaling's water rights are protected. Frank Whaling returned to the podium and stated that he has lived at his present location for 45 years and he believed Mr. Richardson's property line extends into the middle of Quail Street. He stated that portion of Quail was originally a private drive and he didn't believe it had ever been declared as a city street. Mr. Crane stated that he believed the subject property line is just on the east side of Quail Street. Further, that portion of Quail Street is publicly dedicated right- of-way. Steve Wilson stated that an American Land Title survey was done on this property. There is an existing 15 right-of-way for Quail and Mr. Richardson's property line is east of Quail. The existing right-of-way will be expanded to 40 feet. The final plat accurately represents what is on the ground. He believed the ditch is east of the right-of way but stated that he would reconfirm that information. He also stated that he is committed to rnake sure Mr. Whaling continues to get delivery of his water. Commissioner CHILVERS asked Mr. Whaling ifhis concerns had been satisfied. Mr. Whaling stated that he would continue to work with the developer regarding his concerns. It was moved by Commissioner CHIL VERS and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-06-08 a request for Board of Adjustment November 16, 2006 - 3 - approval of a Final Development Plan for property located at 5220 Quail Street for the following reasons: 1. The final development plan is consistent with the outline development plan. 2. The final development plan meets the standards established in Chapter 26, Article III of the Wheat Ridge Code of Laws. With the following condition: 1. The detention area shown as Tract B on the Final Development Plan must consist of sod ground cover. This tract shall be a partial credit toward the fee in lieu of parkland dedication. The motion passed 7-0 with Commissioner STEWART abseut. It was moved by Commissioner CHIL VERS and seconded by Commissioner PLUMMER to recommend approval of Case No. WS-06-02 a request for approval of a 25-lot major subdivision plat for property located at 5220 Quail Street. For the following reasons: 1. All requirements of the subdivision regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditious: 1. The drainage report shall be approved prior to recordation of the plat. 2. The lateral ditch serving Mr. Whaling's property at 5006 Parfet Street shall not be impinged or impeded by the expansion of Quail Street, and it shall be the developer's responsibility to keep the ditch intact and functional throughout the expansion of Quail Street. The motion carried 7-0 with Commissioner STEWART absent. 8. OTHER ITEMS . In response to a question from Commissioner WESLEY, Mr. Crane explained that residential use is allowed above commercial use as long as the residential use does not exceed 50% ofthe property. Board of Adjustment November 16, 2006 - 4- . Commissioner CHIL VERS reported on his participation in a Wheat Ridge 2020 field trip to the Wonderland Homes developrnent in Lafayette. Commissioner McMILLIN suggested including the Prospect development in Longmont for future field trips. 9. ADJOURNMENT It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to adjourn the meeting at 8:10 p.m. The motiou passed uuanimously. t?~ c~ Ann Lazzeri, Secretary Board of Adjustment November 16, 2006 - 5 -