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HomeMy WebLinkAbout06/01/2000 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting June 1, 2000 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MacDOUGALL at 7:30 p.m. on June 1,2000 in the Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Jerry Collins Paulette Cooper Dick Doyle Dean Gokey Don MacDougall Marian McNamee Nancy Snow Janice Thompson Staff Members Present: Alan White, Planning Director Gerald Dahl, City Attorney Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of PI arming Commission minutes for the public hearing of June I, 2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA Commissioner McNAMEE requested that a report from the Economic Development Committee be added under New Business. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to approve the order ofthe agenda as amended. The motion passed 8-0 5. APPROVAL OF MINUTES The following corrections were made to the minutes of May 18,2000: Commissioner DOYLE was omitted from those listed as present. In addition, Commissioners GOKEY and MacDOUGALL were listed as present and absent when, in fact, they were absent. Planning Commission June 1, 2000 Page 1 It was moved by Commissioner COOPER and seconded by Commissioner DOYLE that the minutes of May 18,2000 be approved as amended. The motion carried 5-0 with Commissioners COLLINS, GOKEY and MacDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. A. Case No. ZOA-00-04: An ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Plarming Commission. 7. PUBLIC HEARING The case was presented by Gerald Dahl. This amendment to the zoning regulations was requested by City Council. The amendment enables the City Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning or any stage (outline, preliminary or final) of a plarmed development. City staff recommended approval of the ordinance. In reply to questions from Commissioner THOMPSON, Mr. Dahl stated that the re-referral process is simply an option and not mandatory. Commissioner THOMPSON suggested that the applicant be made aware, some time during the process, that this option is available. Mr. Dahl replied that it would not be a general advisement, however if the circumstances warrant it, staff would advise the applicant toward the end of the hearing that this option is available. Commissioner THOMPSON asked if new postings and notices would be required in case of a re-referral. Itwas Mr. Dahl's opinion that a re-referral would not constitute a new hearing; however, the property would be posted and public comment could be taken at the meeting. Commissioner SNOW suggested that cases for re-referral should include variances that are included as part of another case. Commissioner McNAMEE expressed concern that there should be a time limit placed as to when the case is scheduled to be heard before the Plarming Commission. Commissioner SNOW cited Section 2-60(C), page 166, of the code which addresses time limits. Alan White asked for direction in regard to public notices in relation to re-referrals. Mr. Dahl replied that it is not required for a public hearing to be conducted as if it were a new hearing. It would be included as an action item on the agenda with the option of receiving public comment. Commissioner SNOW suggested that the property should be posted. Commissioner GOKEY suggested that posting signs for re-referrals be distinguishable from the Planning Commission June 1,2000 Page 2 original posting signs so that people are aware it is a re-referral process. Commissioner THOMPSON suggested publishing agendas (even if tentative) in the city newsletter. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. ZOA-00-04 be forwarded to City Council with a recommendation for approval with the following changes: 1. Section 26-25(3) be changed to "planned development." 2. An addition of paragraph (4) for the City Attorney to write the appropriate language to include variances when they are a part of the above three applications. 3. Addition of a section to require posting of re-referrals which is to be clearly distinguishable from the original posting. The motion passed 8-0. B. Case No. ZOA-00-05 - An ordinance amending Section 26-6(C)(4) ofthe Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications. This matter was presented by Gerald Dahl. The ordinance was requested by City Council due to an inconsistency in Section 26-6(C)(4) between authority granted the Plarming Commission and the authority granted the City Council. The proposed change would not affect the ability of Plarming Commission or Council to impose conditions or stipulations for plarmed developments, conditional use permits or special use permits. Mr. Dahl advised that the actions being deleted are not appropriate when considering a rezoning to a conventional zone district. City staff recommended approval of the ordinance. Commissioner SNOW commented that, until there is a requirement for everything to be under a plarmed district, the ordinance should not be changed. Mr. Dahl advised that there is case law that says conditional rezoning is actually a PCD in disguise. Commissioner THOMPSON expressed concern about approving commercial-one zones adjacent to residential properties without imposing some sort of restrictions. She suggested that all zoning should be required to be plarmed and all existing zoning should require a site plan for new construction. Planning Commission June 1,2000 Page 3 It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that no action be taken on the proposed ordinance at this time and that the city attorney draft a new ordinance which would require site plans for development in all existing zoning (other than R-l and R-2) and that all new rezoning requests will be, in the future, required to be planned development districts. The motion passed 7-1 with Commissioner GOKEY voting opposed. C. Case No. ZOA-00-06: An ordinance amending Section 26-25 of the Wheat Ridge Code of Laws concerning similar uses in Plarmed Development Districts. This matter was presented by Alan White. The subject ordinance is an amendment to the zoning regulations dealing with similar uses in plarmed developments. The ordinance was requested by City Council and has also been reviewed by the City Affairs Committee. City staff recommended approval of the ordinance. Commissioner THOMPSON asked if an allowed similar use would go with the property. Alan White replied that he interprets it as being specifically for that particular PCD. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. ZOA-00-06 be recommended to the City Council for approval with the addition of (3) under "Similar Uses" to provide that the determination of a similar use will be recorded in the same manner in which the original planned development district was recorded; and that the word "protest" be changed to "objection" in the first line of (C)(2)(c). The motion passed 8-0. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS There was no new business to come before the Commission Planning Commission June 1,2000 Page 4 11. COMMISSION REPORTS A. Economic Develooment Committee (EDC) - Commissioner McNAMEE (Planning Commission's representative to the Economic Development Committee) reported on the first meeting of EDC. The function of EDC will be to develop commercial properties and redevelop existing businesses; and their goal is to have the city on a sound financial basis ten years from now. The next meeting will be held June 27. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that the meeting be adjourned at 9:30 p.m. Planning Commission June 1, 2000 Page 5