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HomeMy WebLinkAbout08/17/2000 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting August 17,2000 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MacDOUGALL at 7:30 p.m. on August 17,2000 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Jerry Collins Paulette Cooper Dean Gokey Don MacDougall Marian McNamee Nancy Snow Janice Thompson Commissioners Absent: Dick Doyle (excused) Staff Members Present: Alan White, Planning Director Gerald Dahl, City Attorney Bob Goebel, Public Works Director Mary Austin, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of August 17, 2000. A set of these minutes is retained both in the office ofthe City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to approve the order ofthe agenda. The motion passed 7-0 with Commissioner DOYLE absent. 5. APPROVAL OF MINUTES Conunissioner COOPER referred to the first paragraph on page two. She stated that it was her recollection that Mr. Drda was aware of the sign posting for the public hearing. Following Planning Commission August 17, 2000 Page I discussion by staff and Conunission, Commissioner COOPER requested an amendment to the minutes to remove the words "He did not notice the sign posting the public hearing" and replace them with the following wording: "It was unclear if Mr. Drda had observed the posting before or after the hearing." It was moved by Commissioner THOMPSON and seconded by Commissioner COOPER to approve the minutes of August 3, 2000 as amended. The motion passed 6-0 with Commissioner SNOW abstaining and Commissioner DOYLE absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. MS-00-04: An application by Ardalan Hardi for approval of a 3-lot minor subdivision for property zoned R-3 and R-l and located at 11252 West 38th Avenue. This case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property. All pertinent documents were entered into the record and she advised the Commission they had jurisdiction to hear the case. Staff recommended approval of the application with one condition as outlined in the staff report. Commissioner McNAMEE questioned whether the subject property was designated as AER or PRD in the Comprehensive Plan. Ms. Austin explained that it was actually included in both. The Comprehensive Plan designation was not included as part of the staff report because this case is not a rezoning request. In response to a question from Commissioner SNOW regarding plat note no. 13, Ms. Austin explained that Tract A is a non-buildable lot and therefore easements are not shown, and Tract B is an access and utility easement. Ms. Austin suggested adding language to note no. 13 which would read: "...are hereby vacated by this plat. " Maurice F. Fox 4465 Kipling St. Mr. Fox, attorney for the applicant, was sworn in by Chair MacDOUGALL. He pointed out that the proposed development would remove a good portion ofR-3 zoned land in this area. He requested approval of the application. In response to a concern stated by Commissioner SNOW, Mr. Fox indicated he could add a footnote to the plat stipulating that there could be no access to lots 2 and 3 from the rear of those properties. Planning Commission August 17, 2000 Page 2 Charlie McWilliams 3635 Quail Street Mr. McWilliams was sworn in by Chair MacDOUGALL. He owns property adjacent to Tract B. He stated that he was not opposed to the proposal, but expressed concern that the access road through Tract B would come within five feet of his kitchen window and questioned whether it was necessary to have a 25-foot wide road there. He also expressed concern about drainage problems that could result from the proposed road. Mr. White advised that drainage from lots 2 and 3 would have to be designed in such a way that lots 3 and 5 ofthe Quail Cove Subdivision would not be impacted. He also explained that while an easement of 25 feet is required for the access road, pavement is only required to be 20 feet in width. Further, pavement is only required for the first 25 feet from Quail Street. A suggestion was made that the paved portion of the road be placed to the south with the entire 5-foot setback be placed to the north. Mr. Fox stated that he would add a footnote to the plat to provide that the first five feet to the north of the access road would not be paved. He also stated he would add a footnote which would prohibit parking on the easement. Louis Ficco 3595 Quail Street Mr. Ficco was sworn in by Chair MacDOUGALL. He stated that he is the owner oflot 5 and plans to purchase Tract A in order to increase the size of his lot. He indicated that he was in favor ofthe proposed subdivision and felt it would improve the area. In response to a question from Commissioner McNAMEE, Mr. Ficco stated that he would not object to having the access easement paved right up to his lot line. Louise Turner 11256 West 38th Avenue Ms. Turner was sworn in by Chair MacDOUGALL. She stated that she has lived adjacent to the subject property for over 35 years and was sad to see it developed, even though it is within the legal requirements to do so. She explained that the 5-foot easement south oflot 3 shown as a drainage and utility easement is actually the Brookside Ditch. She requested that this be noted on the plat. She expressed concern that someone may build a "monster house" on the property which could come within five feet of her property line. She requested that the Planning Commission address this issue at some time in the future and increase setback requirements for very tall houses so they don't tower over existing homes. Planning Commission August 17,2000 Page 3 For the record, Commissioner SNOW disclosed that she is one ofthe owners ofthe Brookside Ditch. It was moved by Commissioner GOKEY and seconded by Commissioner SNOW that Case No. MS-00-04, a request for a three-lot minor subdivision for property located at 11252 West 38th Avenue be APPROVED for the following reasons: 1. The requirements of the City's Subdivision Regulations have been met. 2. The minimum lot size requirements of the R-l and R-3 zoning districts have been exceeded. With the following conditions: 1. The zoning designation of Tracts A and B as well as the lots in the adjacent Quail Cove Subdivision be corrected to reflect the PRD zoning. 2. Language shall be added to Note No.9 on the plat as follows: "and the north five feet of Tract B shall not be paved. " 3. There shall be a correction to Note No. 13 on the plat to remove the words "not shown at the request of client" and substitute the words" are hereby vacated by this plat." 4. Note No. 14 shall be added to the plat which would read: "Access to lots 2 and 3 shall be by Tract B only and not by the existing access easement on the west side of the subdivision. " 5. Easements for the Brookside Ditch will be verified and indicated on the plat if they do exist. The motion passed 7-0 with Commissioner DOYLE absent. (Chair MacDOUGALL declared a recess at 9:15 p.m. The meeting was reconvened at 9:30 p.m.) 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. Planning Commission August 17, 2000 Page 4 10. NEW BUSINESS A. Review Canital Imnrovements - The City's proposed 2001-2005 Capital Improvement Program (CIP) and Detailed CIP for the year 2001 was provided in the Conunission packet and presented by Bob Goebel for the Conunission's review and comment. Following review of the Capital Improvement Programs, it was moved by Commissioner GOKEY and seconded by Commissioner SNOW that Planning Commission approve the Capital Project Budget as presented and further, that the Commission feels it is in keeping with the Comprehensive Plan. B. Discussion of Scone of Work - Zoninl!: Code Amendments - At the request of City Council, Gerald Dahl prepared a proposal to rewrite the land use code. He indicated that the rewrite should be completed by mid-October at which time the review and approval process will take place. He presented a brief overview ofthe proposed changes. Most of the changes will consist of reorganization which should result in making the code easier to read; however, there will also be some changes which relate to policy. Mr. Dahl asked the Commission's opinion on architectural codes. Commissioner THOMPSON expressed concern that architectural standards could be so strict that businesses might choose to locate in another jurisdiction. Mr. Dahl stated his opinion that developments such as Target, WalMart, etc. base their locations on other standards such as demographics, location and price of land. Smaller businesses may be somewhat affected by strict architectural standards. In response to questions regarding whether architectural standards would apply to remodels as well as new development, Mr. Dahl stated his opinion that the standards should apply to new development only. Commissioner SNOW suggested that the rewritten code be very clear as to whether a policy change has taken place or whether it is simply a matter of changing language for clarification. Mr. Dahl invited Commission members to send written suggestions or comments to him for his consideration during the rewriting process. The staff will also be involved in the process. 11. COMMISSION REPORTS There were no Commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS Planning Commission August 17, 2000 Page 5 , ;' 13. ADJOURNMENT It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS to adjourn the meeting at 10:30 p.m. The motion passed 7-0 with Commissioner DOYLE absent. ~~~ Ann Lazzeri, Recording Secretary Planning Commission August 17,2000 Page 6