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HomeMy WebLinkAbout06/19/2003 CITY OF WHEAT RIDGE PLANNING COMMISSION 0 Rl G ! N Al Minutes of Meeting t June 19,2003 (The regular meeting was preceded by a 6:00 p.m. dinner training session in the second floor conference room.) 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McNAMEE at 7:07 p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Karen Berry Kimberly Davis John McMillin Marian McNamee Phil Plummer Michael Stites Paula Weisz Kevin Witt Commission Members Absent: None Staff Members Present: Alan White, Community Development Director Meredith Reckert, Senior Planner Carmen Beery, City Attorney's office Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of June 19,2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to approve the order of the agenda. The motion passed 8-0. 5. APPROVE MINUTES It was moved by Commissioner WEISZ and seconded by Commissioner DAVIS to approve the minutes of June 5, 2003 as presented. The motion passed 8-0. Page 1 Planning Commission June 19,2003 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. 7. PUBLIC HEARINGS A. Case No. MS-03-01: An application filed by James Sloan for approval of a two-lot minor subdivision plat on property zoned Residential-Three (R-3) and located at 3995 Sheridan Boulevard. The case was presented by Meredith Reckert. She reviewed the staff report and digital presentation after entering all pertinent documents into the record and advising the Commission there was jurisdiction to hear the case. Staff recommended approval with a condition that a parkland dedication fee of $1,188.82 be paid prior to issuance of a building permit. James L. Sloan 4102 Sheridan Boulevard Mr. Sloan, the applicant, was sworn in by Chair McNAMEE. He stated that his application was a simple request to plat the land to allow construction of a duplex on the western parcel. Chair McNAMEE asked if there were any present who wished to address this matter. The following person addressed the Commission. Don Peterson 9945 West 34th Drive Mr. Peterson was sworn in by Chair McNAMEE. He spoke in favor of the application and suggested a condition to require installation of curb, gutter and sidewalk which would define where cars could park along the street. The reason for his suggestion related to comments from neighbors in Mountainview who were concerned about traffic flow. Commissioner McMILLIN asked what the city policy was on the installation of curb and gutter. Ms. Reckert stated it depended upon whether or not curb and gutter exists on other portions ofthe street which it does not in this case. She stated that the city would require the applicant to sign a development covenant to remain in effect for ten years. This would allow the city to reassess the curb and gutter situation at any time during the ten years. It was moved by Commissioner STITES and seconded by Commissioner PLUMMER that Case No. MS-03-01, a request for a two-lot minor subdivision for property located at 3995 Sheridan Boulevard be approved for the following reasons: 1. All requirements ofthe City's Subdivision Regulations have been met. 2. The minimum lot size and lot width requirements of the R-3 zone district have been met. With the following condition: 1. Parkland dedication fee will be paid prior to issuance of a building permit. Page 2 Planning Commission June 19,2003 The motion passed 8-0. B. Case No. MS-03-03: An application filed by Brad Bunger for approval of a two-lot minor subdivision plat on property zoned Residential-Three and Commercial-One and located at 6900 West 38th Avenue (behind 6920 West 38th Avenue). The case was presented by Meredith Reckert. She reviewed the staff report and digital presentation after entering all pertinent documents into the record and advising the Commission there was jurisdiction to hear the case. Staff recommended approval of the application for reasons outlined in the staff report. In reply to a question from Commissioner McMILLIN, Ms. Reckert stated that direct street frontage is not a requirement for building lots and that four homes are allowed on a private drive provided there is a 25- foot wide access aisle. Commissioner WEISZ asked if fire access from 38th Avenue would remain open regardless of what happens to the restaurant property on 38th. Ms. Reckert replied that fire access is provided via a recorded document on the north and an access easement on the plat which will remain in perpetuity. Brad and Marsha Bunger 6900 West 38th Avenue Brad and Marsha Bunger, the applicants, were sworn in by Chair McNAMEE. Mr. Bunger stated that their daughter and son-in-law currently live on their property in the structure called "the barn" and now wish to purchase that portion of the property. In order for this purchase to take place, the property must be subdivided. In reply to a question from Commissioner WEISZ, Marsha Bunger stated that they access their property both from 38th Avenue and from 37th and Quay. Donald Onorato 6910 West 38th Avenue, Unit A Mr. Onorato was sworn in by Chair McNAMEE. He stated that he and his wife desire to purchase the property and plan to keep the property just the way it is. Jeff Reese 7005 West 37th Avenue Mr. Reese was sworn in by Chair McNAMEE. He expressed concern about traffic safety in the neighborhood as drivers do speed along 37th Avenue. Since the applicant has indicated that they have no plans to change the property, he stated he would be in favor of the application. Peter Young 6895 West 36th Place Mr. Young was sworn in by Chair McNAMEE. He also expressed concern about the issue of speeding on 37th Avenue, especially because there are two blind curves. He was in favor of the application, but expressed concern that any future development in the area would increase traffic in the area. Page 3 Planning Commission June 19, 2003 It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER to approve Case No. MS-03-03, a request for a two-lot subdivision located at 6900 West 38th Avenue, for the following reasons: 1. 2. 3. With the following condition: The plat meets requirements of a final plat. All requirements of the R-3 zone district regulations have been met or exceeded. 1. The survey pins be shown on the plat prior to mylar recording. The motion passed 8-0. C. Case No. ZOA-03-05 (continued from June 5. 2003): An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning "Family Foster Homes" and "Residential Group Homes." Alan White stated that this matter was continued in order to have a member of the city attorney's office present to answer questions Carmen Beery of the city attorney's office, explained the Supreme Court's decision against the City of North glenn which led to the need for the subject ordinance. The decision essentially tells municipalities they cannot tell the state, acting through the county division of social services, how many juvenile sex offenders can reside in one foster home. Wheat Ridge has an ordinance which limits the number of juveniles living in a foster home to four. She learned from Jeffco social services that the state, acting through the county of social services, generally puts no more than four children in a foster home with the exception of licensed foster homes known as receiving homes which can have more than four children for a period of time. Receiving homes keep children until a permanent foster home is found. Another exception to the limit of four children is when they do not want to separate siblings. The state requires different licensing procedures for foster homes versus group homes. The city's differentiation between the two is that foster homes can have up to four children and more than four children constitutes a group home. Alan White pointed out that group homes in Wheat Ridge are a special use and foster homes are permitted uses in all residential zone districts. In answer to a question from Commissioner WITT, Carnlen stated that the courts and social services place children in foster homes or group homes based on many factors but tenure of a child in a foster home is not a determining factor. Commissioner BERRY asked if the city's family foster home definition was the same as the state's definition offamily care home. Carmen replied that they were the same. Commissioner BERRY stated that she felt it was important that, since the state defines a family care home as Planning Commission June 19,2003 Page 4 being residential, the city's ordinance should also include the residential aspect in the definition of a family foster home. There was discussion about taking the number of children for each type of home out of the ordinance and inserting the state's definitions. Commissioner McMILLIN expressed concern that if the numbers are eliminated a foster home could grow to any size. In reply to a question from Commissioner DAVIS, Carmen stated that social services limits foster home children to four with exceptions mentioned early. Chair McNAMEE asked if anyone in the audience wished to address this matter. The following person responded. Don Peterson 9945 West 34th Drive Mr. Peterson was sworn in by Chair McNAMEE. He suggested that foster homes and group homes be defined as to purpose rather than numbers. This would coincide with the state definitions. He thought it would be a good idea to keep a limit on the number of children in foster homes and set a time limit when exceeding that number in receiving homes. Sex offenders should be limited to one per group home. Commissioner BERRY commented that the number of children a family may have or that a family may adopt cannot be regulated. The community concern seems to be with the number of juvenile sex offenders in a foster home rather than simply the number of children in a foster home , It was moved by Commissioner BERRY and seconded by Commissioner STITES that the ordinance mirror the state regulations regarding the definitions of family care homes and group homes, keeping the regulation of allowing one sex offender per group home. Commissioner PLUMMER commented that it is highly unlikely there would be more than four children in a foster home because the agency which assigns children to foster homes has similar rules. Commissioner McMILLIN didn't believe there was a correlation between the number of children a family may have or adopt and the number of unrelated children allowed in a foster home. He favored abiding by the court ruling but was opposed to removing the numerical restriction on non-sex offenders. The motion passed 6-2 with Commissioners McMILLIN and WEISZ voting no. 8. OLD BUSINESS . Alan White reported that City Council approved the floodplain maps. . In response to a question from Commissioner McMILLIN, Alan White reported that the Planning Commission June 19,2003 Page 5 city has been in contact with the service station and the kitchen shop regarding replacement of trees. If the owners do not comply, the city will set deadlines for compliance. . Commissioner McMILLIN inquired about results ofthe public meeting on RV's. Alan White reported that approximately 25 people attended the meeting. Those attending the meeting were okay with limitations on the number ofRV's allowed as long as there would be a process to allow more than two. They were also okay with setbacks for RV's over six feet in height in side and rear yards. They also wanted every RV parked in its current location and the number ofRV's parked on any lot in Wheat Ridge to be grandfathered. 9. NEW BUSINESS There was no new business. 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 McMILLIN to adjourn the meeting at 8:45 p.m. The motion passed 8-0. maLt CV\ Me-A Jam 0 P Marian McNAMEE, Chair /1 Y ~05~ Ann Lazzeri, Recording Secretary Planning Commission June 19,2003 Page 6