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HomeMy WebLinkAbout02/06/2003 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting February 6, 2003 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ 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: Paulette Cooper John McMillin Phil Plummer Nancy Snow Paula Weisz Kevin Witt Commission Members Absent: Marian McNamee (excused) Staff Members Present: Alan White, Community Development Director Travis Crane, Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of February 6, 2003. A set of these minutes is retained bqth in the office ofthe City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA Commissioner SNOW requested that discussion regarding neighborhood commercial districts and special use permits be added under New Business. It was moved by Commissioner PLUMMER and seconded by Commissioner COOPER to approve the order ofthe agenda with the additions requested by Commissioner SNOW. The motion passed 6-0 with Commissioner McNAMEE absent. S. APPROVE MINUTES - January 16,2003 It was moved by Commissioner PLUMMER and seconded by Commissioner COOPER to approve the minutes of January 16,2003. The motion passed 6-0 with Commissioner McNAMEE absent. Planning Commission February 6, 2003 Page 1 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. 7. PUBLIC HEARINGS A. Case No. WZ-02-14: An application filed by Craig Molenaar for approval ofa rezoning from Commercial-One (C-l) to Residential-One (R-IC) for property presently known as 60 15 West 40th Avenue. B. Case No. MS-02-08: An application filed by Craig Molenaar for approval of a 2-lot minor subdivision plat including a 7.5 foot variance to the 80 foot lot width requirement for a corner lot in the R-l C zone district, resulting in a lot width of 72.5 feet on property presently known as 6015 West 40th Avenue. These cases were presented by Travis Crane. He reviewed the staff report, entered all pertinent documents into the record and advised the Commission that there was jurisdiction to hear the case. Staff recommended approval of both cases for reasons outlined in the staff report. Commissioner SNOW questioned the public dedication of 2.5 feet of right-of-way to construct curb, gutter and sidewalk and expressed concern that the lot could become legally nonconforming. Alan White explained that the lot would be legally conforming if the requested variance were to be approved. Craig Molenaar 7395 West 47th Avenue Mr. Molenaar, the applicant, was sworn in by Chair WEISZ. He explained that the 2.5 feet right-of-way dedication is to make the existing sidewalk along 40th Avenue west of his property line up with the sidewalk in front of his property. He also commented that the 2.5 feet would also allow parking on both sides of the street. Chair WEISZ asked if there were any present who wished to address these cases. There was no response. It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-02-14, a request to rezone from Commercial One to Residential One-C, property located at 6015 West 40th Avenue, for the following reasons: 1. The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. 4. There are adequate public facilities to serve the uses proposed. The motion passed 6-0 with Commissioner McNAMEE absent. Planning Commission February 6, 2003 Page 2 It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to recommend approval ofthe variance associated with Case No. MS-02-08, a request for a 7.s-foot lot width variance for a corner lot located in the R-IC zone district, for property located at 6015 West 40th Avenue for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. In answer to questions from Commissioner McMILLIN, Alan White stated that the applicant recently purchased this property and had no interest in the original subdivision and that he could see no visual or other impact to having a 75-foot width on Harlan Street. Commissioner SNOW requested a friendly amendment to add a fourth reason: A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. The amendment was accepted by Commissioners McMILLIN and PLUMMER. The motion passed 6-0 with Commissioner McNAMEE absent. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to recommend approval of Case No. MS-02-08, a request for a final subdivision plat for property located at 6015 West 40th Avenue for the following reasons: 1. The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R-IC zone district. With the following condition: 1. The fee in lieu of parkland dedication, as specified by the Parks and Recreation Commission, be paid for each lot prior to issuance of the certificate of occupancy. The motion passed 6-0 with Commissioner McNAMEE absent. C. Case No. ZOA-02-08: An ordinance amending Appendix A of Chapter 26 of the Wheat Ridge Code of Laws pertaining to the Zoning and Development Fee Schedule. The case was presented by Alan White. He reviewed the staff report with a recommendation of approval of the new fee schedule. Fee schedules were last revised two years ago. One significant increase is due to the costs of engineering reviews required for certain cases. Fee schedules of surrounding communities were surveyed. The suggested fee schedule will be similar to that of Lakewood. Commissioner PLUMMER expressed concern about the impact of increased fees on small development, such as when an individual wants to build a single house on a vacant lot. He Page 3 Planning Commission February 6, 2003 asked what the increased fees would have cost the previous applicant. Alan White gave an estimate of $2,325 or an increase of approximately $800 from the present fee schedule. Commissioner SNOW expressed concern about situations where someone would have to pay these fees in addition to obtaining a special use permit. In answer to a question from Commissioner McMILLIN, Alan White stated that fees are not proportional to the size of the development. Commissioner McMILLIN stated that he would not be in favor of increasing the intial pre-application fee and, further, he believed the planned development fees should be proportional to the size of the development. Chair WEISZ asked if there were any present who wished to address this matter. Don Peterson 9945 West 34th Drive Mr. Peterson spoke in favor of the fee increase because he believed the city should be able to recover the costs incurred in processing developments. He also suggested the possibility of finding a way to shorten the process for small developers which would result in lower fees. Commissioner SNOW expressed concern that the city doesn't have the ability to offer fee waivers to attract certain types of development tile city might find desirable. Commissioner McMILLIN asked if there was any basis to set costs according to the value of the development. Alan White explained that the schedule does allow for some differentiation in fees between commercial and residential. In response to another question from Commissioner McMILLIN, Mr. White stated that he knows of at least one jurisdiction that has a substantial differentiation between fees for commercial as opposed to residential developments. It was moved by Commissioner McMILLLIN and seconded by Commissioner SNOW to recommend approval of the ordinance amending Appendix A of Chapter 26 concerning the fees charged for the review of land use applications with the following policy modifications: 1. That City Council find mechanisms to place surcharges, or higher charges, (perhaps 50%) on commercial development. 2. The $1,000 fee for a final development plan of planned developments be reduced by 50% and the acre charge be doubled to $500 up front and $500 per acre, or some similar modification so as not to unduly discourage small planned developments. Commissioner SNOW requested a third modification which would allow for a significant reduction in special use permit (SUP) fees for any property owner required to apply for a SUP due to a change in the zoning ordinance which made a prior legal use one which would now require a special use permit. This amendment was accepted by Commissioner McMILLIN. Planning Commission February 6, 2003 Page 4 The motion passed 6-0 with Commissioner McNAMEE absent. 8. OLD BUSINESS . Gerald Dal1l, city attorney, appeared before the Commission to address a letter from Dan Schneider which was copied to Planning Commission members asking for a change to plat conditions imposed during a previous hearing. Mr. Dahl advised the Planning Commission that they have no jurisdiction in this matter. Discussion ensued regarding the possible institution of a cost recovery provision in the code. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to request that City Council consider an ordinance which would institute a cost recovery system for road and drainage improvements and a further requirement that evidence of permission for off-site road improvements, drainage and use of drainage systems be required as a condition of approval. The motion passed 6-0 with Commissioner McNAMEE absent. . Commissioner McMILLIN reported that the owner of the Phillips 66 station has yet to comply with lighting standards. Alan White stated that the owner has been contacted about this and will follow up with the owner again. 9. NEW BUSINESS . Commissioner SNOW requested that the list of uses allowed in neighborhood commercial zones be reviewed at a future study session. She expressed concern that this list includes uses such as candy stores that probably shouldn't require a special use permit. Commissioner SNOW moved and Commissioner PLUMMER seconded that Planning Commission consider reviewing the issue of both special and permitted uses in the neighborhood commercial district at a study session (date to be set by staff). The motion passed .6-0 with Commissioner McNAMEE absent. 10. COMMISSION REPORTS . Chair WEISZ announced that she will be having surgery and will be absent from the next two planning commission meetings. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission February 6, 2003 Page 5 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner COOPER to adj rn the meeting at 9:15 p.m. \ tL~ - Ann Lazzeri, Rec~ary Planning Commission February 6,2003 Page 6