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HomeMy WebLinkAbout02/20/2003 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting February 20, 2003 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Vice Chair SNOW at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th A venue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Paulette Cooper Marian McNamee John McMillin Phil Plummer Nancy Snow Kevin Witt Commission Members Absent: Paula Weisz (excused) Staff Members Present: Alan White, Community Development Director Mike Pesicka, Planning Technician Meredith Reckert, Senior Planner Cindy Hagerman, Code Enforcement Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of February 20, 2003. A set of these minutes is retained both in the office ofthe City Clerk and in the Department of Community Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner PLUMMER and seconded by Commissioner COOPER to approve the order of the agenda. The motion passed 6-0 with Commissioner WEISZ absent. 5. APPROVE MINUTES - February 6, 2003 It was moved by Commissioner PLUMMER and seconded by Commissioner COOPER to approve the minutes of February 6, 2003. The motion passed 5-0 with Commissioner McNAMEE abstaining and Commissioner WEISZ absent. 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. Planning Commission February 20, 2003 Page 1 7. PUBLIC HEARINGS A. Case No. WZ-03-03: An application filed by Karin Heine for approval of a rezoning from Residential-One C to Conservation District for property located at 4650 Parfet Street. B. Case No. WV-03-01: An application filed by Karin Heine for approval of right-of-way vacation for an unbuilt portion of West 46th Place dedicated by the Bush Subdivision running between Parfet Street and Oak Street. These cases were presented by Mike Pesicka. He reviewed the staff report, entered all pertinent documents into the record and advised the Commission that there was jurisdiction to hear the case. He then entered a petition which was submitted by the applicant on Tuesday, February 18, into the record. Vice Chair SNOW read the petition as follows: "We the undersigned support the conservation zoning. This case will be going to the Planning Commission on February 20, 2003, Case Numbers WZ-03-03 and WV-03-01, to request a rezone and right-ol-way vacation on 4650 Parfet Street from Residential-One C to Conservation Zone. With the Conservation Zone, we can continue to preserve and protect this natural resource for all fUture generations." The petition was signed by residents of the neighborhood. Staff recommended approval of the zone change. Staff recommended denial of the street va<;ation because it could hamper future emergency services to the nei~hborhood, it is inconsistent with the Comprehensive Plan, most of the right of way for West 46t has already been acquired, and it could have a negative impact on the future infrastructure of the City. Commissioner PLUMMER commented that it appeared to him there would be adequate emergency access to the neighborhood even if the street should be vacated. Commissioner COOPER agreed with these comments. Commissioner McMILLIN agreed that it appeared there would be adequate emergency access to the neighborhood; however, he commented that he understood the position of public works to fight for every piece of city-owned right-of-way. Commissioner SNOW commented that there were no negative comments from the fire department regarding emergency access and she could see no reasonable use for the extension of 46th Street through the subject property. Karin Heine 4600 Miller Street Karin Heine, the applicant, was sworn in by Vice Chair SNOW. She submitted an album containing photographs of the property for the Commission's review as well as two additional letters of support for the application. She explained she was seeking the conservation zoning for the property in order to continue to protect the wildlife habitat in its natural state. She stated that a road through the property would present a great disturbance to wildlife in the area. She stated that she has also received approval from Colorado Open Lands for a conservation easement on this property which would exist in perpetuity. Planning Commission February 20, 2003 Page 2 Commissioner McMILLIN commended Ms. Heine for using a piece of valuable property for public benefit. Commissioner COOPER commended Ms. Heine for her efforts in saving this property for the enjoyment of the public as well as the education of children. Commissioner McNAMEE expressed appreciation to Ms. Heine for taking steps to ensure that the conservation area would exist in perpetuity. Deeter Erkman 2155 Hooker Street, Denver Mr. Erkman was sworn in by Vice Chair SNOW. He appeared as a representative of Colorado Open Lands which works with property owners to preserve open lands around the state. He spoke in favor of the applications and stated that, although he generally works with much larger parcels, he was very impressed with the abundance of wildlife on the subject property and the applicant's outreach to the community by preserving this property. Ms. Heine stated that the only noxious weed found on her property was Canadian thistle and she is in the process of eradicating the weed. Ron Selstad 23461 Morning Rose Drive Mr. Selstadt was sworn in by Vice Chair SNOW. He is the realtor who helped the applicant acquire the subject property which had previously been sold to a housing developer. Ms. Heine purchased the property from the developer. He testified that the estimated value for the property under the present zoning would be about $350,000 and the estimated value under conservation zoning would be about $150,000. He commended Ms. Heine for placing the community's interests above her financial interest in this property. In regard to the street vacation, he believed that, since the neighborhood is built up, no additional roadway is needed. If the street were extended through the property it would be against the spirit and intent of the conservation zoning and would destroy the wildlife habitat. Kim Fusilier 10645 West 46th Avenue Ms. Fuseler was sworn in by Vice Chair SNOW. She stated that she has helped the applicant plant vegetation on the property over the past three years and, in the process, she gained a valuable education about plants and wildlife. Don Peterson 9945 West 34th Drive Mr. Peterson was sworn in by Chair SNOW. He spoke in favor of the applications. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-03-03, a request for approval of a rezoning from Residential-One C to Conservation District, for property located at 4650 Parfet Street, for the following reasons: Planning Commission February 20, 2003 Page 3 1. The change in zone is compatible with the surrounding area. 2. The change in zone will not adversely affect the public health, safety or welfare. 3. The change in zone will conserve numerous mature trees, and provide a noise buffer from 1-70 to the north. 4. The change in zone will provide social and physical benefits to the surrounding area and community. 5. The change in zone to Conservation District will be more consistent with the Comprehensive Plan Designation of Agricultural Estate Residential than the current zoning of R-l C. Vice Chair SNOW offered a friendly amendment to No.4 to state that the change in zone would also be a valuable asset to the city as a whole. The amendment was accepted by Commissioners McNAMEE and PLUMMER. It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER to recommend approval of Case No. WV-03-01, a request for approval of a right-of-way vacation for unused right-of-way for West 46th Place, located between Parfet Street and Oak Street, for the following reasons: 1. Although it is inconsistent with the Comprehensive Plan, it appears that the present public streets leave the city with adequate access for emergency services. 2. Allowing construction of a street at this site will negate the point of the site being zoned as a conservation district. 3. This vacation of right-of-way will be granted only if City Council approves the change in zoning. The motion passed 6-0 with Commissioner WEISZ absent. Commissioner McMILLIN commented that the city would be receiving a gift of great value in exchange for a street vacation on 46th Place which is of virtually no value. He also commented 46th is a "Place" and that fragmentary streets are usually designated as "Place"rather than "Street. " Vice Chair SNOW offered a friendly amendment to add a fourth reason: The fire department did not indicate they need this street for fire access. The amendment was accepted by Commissioners McNAMEE and COOPER. The motion passed 6-0 with Commissioner WEISZ absent. C. Case No. ZOA-03-01: An ordinance amending Section 26-614 of the Wheat Ridge Code of Laws concerning trash storage area screening. This case was presented by Meredith Reckert. She reviewed the staff report, entered all pertinent documents into the record and advised the Commission that there was jurisdiction to hear the case. She presented slides of various trash dumpster situations in the city. She distributed copies of the definition of recycling dumpsters for the Commission's information. Planning Commission February 20, 2003 Page 4 Commissioner McMILLIN stated that he is in the process of renovating a burned-out house which is requiring the use of four 30-foot dumpsters which are parked on a long driveway and will be gone soon. He commented that restricting dumpsters to a smaller size would be detrimental to property owners who are renovating their property. Commissioner SNOW asked if there was any provision for those people who don't have room to park a dumpster on their property and need to place the dumpster in the street. Alan White explained there is a provision in the code which allows a permit for temporary placement dumpsters in the public right-of-way. Meredith Reckert explained that time restrictions can be placed on the right-of-way permits. Commissioner SNOW stated that she would like to see this permit provision explained in the proposed ordinance. Commissioner PLUMMER agreed that any dumpster less than 30-foot is not adequate for most renovation projects. Commissioner McNAMEE did not believe there should be a time limit placed on a dumpster which is placed on private property; however, she did agree with the fourteen day limit to remove the dumpster once the project is complete. Commissioner SNOW suggested that the language should be clarified concerning the size of trash containers allowed for single or double family residences. (Vice Chair SNOW declared a recess at 8:20 p.m. to give staff time to clarify wording. The meeting was reconvened at 8:30 p.m.) The following recommendations were made: Section C would be changed to read: One and two family residential structures in residentially zoned areas are permitted to have a dumpster no larger than one cubic yard in size. Residential structures on agriculturally zoned property shall be permitted to have trash dumpsters or storage containers larger than one cubic yard in size. Section D would be change to read: "Temporary construction dumpsters and temporary 'storage containers may be allowed in all zone districts at active construction projects only and must be located on private property. "if impractical to locate on private property, a right- ol-way permit may be obtainedfrom the Public Works Department pursuant to Article 3 of Chapter 21 of the Wheat Ridge Code of Laws. The remaining language "Temporary construction dumpsters and temporary storage containers shall not be located so as to be sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen days of construction completion" would remain. Section D would become Section E. Vice Chair SNOW asked if there were members of the audience who wished to address this issue. Planning Commission February 20,2003 Page 5 Don Peterson 9945 West 34th Drive Mr. Peterson suggested that this ordinance be presented at First Monday meetings in March to receive citizen input before sending it on to City Council. He believed that enclosures for recycling dumpsters should have an opening to make it easier to place items in the dumpster thereby encouraging recycling practices. He was in favor of placing time limits on the placement of temporary dumpsters. Commissioner COOPER asked if the First Monday Meetings were a better forum than the Planning Commission, noting that the proposed ordinance was published as a public hearing. Commissioner McMILLIN commented that it is unlikely people will leave dumpsters on their property long after a project is finished to avoid paying additional fees charged by the company supplying the dumpsters. It was moved by Commissioner PLUMMER and seconded by Commissioner McNAMEE that Case ZOA-03-01, a proposed amendment to Section 26-614 Trash Enclosure Screening Requirements of the Wheat Ridge Code of Laws be forwarded to City Council with changes as recommended by staff with a recommendation of approval for the following reasons: 1. The proposed legislation clarifies language so that application ofthe regulations is easier. 2. The proposed legislation addresses temporary construction dumpsters and recycling dumpsters. The motion passed 6-0 with Commissioner WEISZ absent. D. Case No. ZOA-03-02: An ordinance amending Section 26-223 of the Whet Ridge Code of Laws concerning Architectural Design Overlay District (ADO). This case was presented by Meredith Reckert. This amendment would allow the planning staff to grant waivers as part of the administrative review (building permit) process or have Planning Commission and City Council grant waivers or variances as part of a concurrent land use case being processed. This would eliminate another hearing before the Board of Adjustment for these types of waivers which would lengthen the review process and could discourage new development or redevelopment. Following brief discussion, it was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that Case No. ZOA-03-02, a proposed amendment to Section 26-223 Architectural Design Overlay District ofthe Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. Staff and Planning Commission and City Council are more appropriate review bodies than the Board of Adjustment. 2. It will expedite the review process by eliminating another necessary public hearing. Planning Commission February 20, 2003 Page 6 The motion passed 6-0 with Commissioner WEISZ absent. 8. OLD BUSINESS . Commissioner McMILLIN asked for a status report on the lighting situation at the Phillips 66 station. Alan White replied that Cindy Hagerman met with the owner/manager who has installed lighting shields and did not believe he could do anything more to come into compliance. Commissioner McMILLIN stated that there is still an increased intensity of light at this site. In answer to a question from Commissioner McMILLIN, Alan White stated there are no regulations regarding intensity of light. . Commissioner McNAMEE commented that employees of the King Soopers at 38th and Sheridan are not parking in the back as recommended by Planning Commission as a condition of approval for their special use permit. Staff will look into this situation. 9. NEW BUSINESS . Alan White reported that a training session for new Planning Commission members is planned be held at 6:00 p.m. prior to the regular meeting on March 6, 2003. . Election of officers should also be held at the beginning of the meeting on March 6. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner McNAMEE to adjourn the meeting at 9:15 p.m. The motion passed unanimously. fhOM~~ Nancy Snow, Vice-Chair cL Ann Lazzeri, Recordmg ecretary Planning Commission February 20, 2003 Page 7