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HomeMy WebLinkAbout08/07/2003 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting 0 RIG I N AL August 7, 2003 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McNAMEE 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: Karen Berry Kimberly Davis John McMillin Marian McNamee Phil Plummer Michael Stites Paula Weisz Kevin Witt Staff Members Present: Alan White, Community Development Director Travis Crane, Planner Mary Austin, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of August 7, 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 WEISZ and seconded by Commissioner PLUMMER to approve the order ofthe agenda. The motion passed 8-0. 5. APPROVE MINUTES It was moved by Commissioner WEISZ and seconded by Commissioner STITES to approve the minutes of July 17, 2003 as presented. The motion passed 6-0 with Commissioners DAVIS and McMILLIN abstaining. 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. Page I Planning Commission August 7, 2003 7. PUBLIC HEARINGS A. Case No. WZ-02-13 (continued from Julv 17. 2003): An application filed by Melody Homes, Inc. for approval of a Planned Residential Development final development plan for property located at 10285 Ridge Road. B. Case No. WS-02-01 (continued from Julv 17. 2003): An application filed by Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at 10285 Ridge Road. It was moved by Commissioner DAVIS and seconded by Commissioner PLUMMER to continue Case No. WZ-02-13 and Case No. WS-02-01 to the meeting of August 21, 2003. The motion passed 8-0. C. Case No. MS-03-04: An application filed by Todd Youngblood for approval of a two- lot minor subdivision plat for property zoned Commercial-One and located at 4470 Wadsworth Boulevard. This case was presented by Mary Austin. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. In response to questions from Commissioner McMILLIN, Ms. Austin stated that, not knowing what type of business would be located there, it would be very difficult to estimate possible increase in traffic on W. 45th. Furthermore, primary access to the subject property could potentially come from Wadsworth. The developer is looking at doing an access easement across lot one as part of the purchase negotiations. Lot four will have a W. 45th Avenue address. Commissioner McNAMEE expressed concern about the curb cut onto W. 45th allowing traffic to flow into the neighborhood and recommended left turn only. Ms. Austin stated that a recommendation could be made to the traffic engineer. Depending on the use of the site, the traffic engineer would decide whether or not a traffic study is warranted. Todd Youngblood 4470 Wadsworth Boulevard Mr. Youngblood, the applicant, was sworn in by Chair McNAMEE. He stated he had nothing to add to the staff report as presented by Ms. Austin. Jim Templeton 4551 Vance Mr. Templeton was sworn in by Chair McNAMEE. He voiced concern about the possibility of increased traffic on Vance. He would like to see traffic routed onto Wadsworth. Page 2 Planning Commission August 7, 2003 Commissioner BERRY asked if the present situation allowed access onto W. 4Sth as well as Wadsworth. Ms. Austin replied that this was correct and this subdivision plat would not allow any access that does not already exist. It was moved by Commissioner STITES and seconded by Commissioner PLUMMER that Case No. MS-03-04, a request for a two-lot minor subdivision plat for property located at 4470 Wadsworth Boulevard be approved for the following reasons: 1. All requirements ofthe city's subdivision regulations have been met. 2. The lots are of sufficient size to allow for development with C-1 zoning district requirements. 3. All required utility easements are being provided. 4. The lots will have access from existing driveways with cross-access easements. The motion passed 8-0. D. Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to heights and setbacks for residential accessory structures and exceptions thereto. Alan White presented this case. Planning Commission recommended on June Sth that staff prepare an ordinance to address several setback issues and changes. The ordinance with those changes was presented to the Commission for their consideration. Chair McNAMEE suggested that the issue of setbacks for RV's be discussed when the RV ordinance is brought back. There was a consensus ofthe Commission to defer the issue ofRV setbacks. Commissioner McMILLIN expressed concern about the proposed IS-foot height limit for garages. This would only allow a maximum of nine feet for the garage door. He slated he checked with two RV dealerships regarding heights ofRV's. One dealership said they did not sell anything that would fit with a IO-foot garage door and the other said they sell one conversion van that would fit with a IO-foot garage door. This proposal would prevent owners from parking their RV's in a garage which presents a dilemma for them in light of the city's ordinance requiring any more than one RV to be parked indoors. Commissioner PLUMMER stated he would be in favor of adopting the ordinance as it is. If circumstances warrant, citizens would still have the right to apply for a variance from the ordinance. Commissioner DAVIS commented that she would like to see homeowners have the ability to pursue their own desires without undue duress and expense. Commissioner McMILLIN slated that he believed homeowners should be able to build accessory buildings at least half the height of the primary structure. The proposed height limits would limit accessory structures to less than one third of the primary structure height. He reviewed several photos he took of various examples of accessory structures in the city which Page 3 Planning Commission August 7, 2003 would be illegal under the proposed ordinance including a couple of barns. He also expressed concern about imposing so many rules and regulations on property owners. Commissioner BERRY asked what the height restriction would be for a barn. Mr. White stated that barns in residential zones would fall under the accessory structure limits. However, barns and other accessory structures in agricultural zones have a 3S-foot height limit. Chair McNAMEE asked to hear from members of the public. Richard Moreno 6671 West 26th Avenue Mr. Moreno was sworn in by Chair McNAMEE. He commented that he recently built a IS- foot high garage on his property with a 9- foot door that accommodates his 4-wheel drive pickup. He previously lived in Denver and stated that Denver has a IS-foot height limitation on accessory structures. He lives on property zoned R-I with a four-stall barn that is 19-20 feet tall. There is a portion ofthe barn that has a 12-foot height. He asked ifhe could legally extend the roofline to the end of the existing structure. Travis Crane replied that since the roof line is already established, he could extend it to the end of the barn. He pointed out, however, that if the barn were to be destroyed by the owner, it would have to be rebuilt under the standards set forth in the ordinance. Commissioner McMILLIN asked how many building permits for maximum height accessory structures have been issued in the past five years. Travis Crane stated that he couldn't recall receiving very many ofthese requests in the past few years. Commissioner McMILLIN stated that he had no problem with the proposed setback regulations for accessory structures which increase as the structure gets taller. He suggested that thought be given to performance planning zoning that, for example, would sayan accessory structure could not cast a shadow across a property for more than two hours on a winter day or not be so large as to block a significant mountain view. He asked if this kind of planning were defendable in court. Alan White explained that it is defendable in court, but would take a lot of staff time to administer. For example, site plans for the affected property as well as surrounding properties would be required as well as completing studies such as shadow analysis. In answer to a question from Commissioner McMILLIN, Mr. White stated that it would probably take less time than going through the variance process. Commissioner BERRY stated that she was familiar with some communities that use performance planning. The requests are processed through an administrative review process. While it takes less time than the variance process, it costs the same because of staff time involved. Commissioner McMILLIN suggested that, similar to special use permits, oversize garage applications could be posted and, if no objections were received, it could be built. Alan White commented that this would be a modification to the variance procedure. Presently, the charter gives the Board of Adjustment solely the power to decide on height variances. Planning Commission August 7, 2003 Page 4 Commissioner STITES commented that this ordinance would protect homeowners who have smaller lots. This ordinance would provide a starting place and variances would still be an option. Commissioner BERRY commented that 15 feet would cover most situations. It is difficult to write regulations that protect the majority of citizens while giving ultimate flexibility and that is the reason for variance procedures. Commissioner WEISZ agreed with Commissioners STITES and BERRY. Commissioner PLUMMER commented that this ordinance is reasonable and in line with other communities in the area. It would protect 90% of the lots in Wheat Ridge that are less than 12,500 square feet. If someone wants to build a larger accessory structure, the variance procedure is available. Commissioner McMILLIN suggested that county records could be used in determining building coverage percentages. He also asked why square foot limits were placed on accessory structures in RI-B and RI-C. Mr. White explained it was because these were smaller lots. It was moved by Commissioner PLUMMER that Case No. ZOA-03-09, Residential Setbacks, be approved. Commissioner McMILLIN asked what cost and time is involved in the variance procedures. Travis Crane replied that the cost for a variance is $390 and takes anywhere from 4 to 6 weeks. Commissioner WEISZ seconded the motion with the clarification that on page 4 of the ordinance, minimum rear yard setbacks in the R-1C district will be changed from 10 feet to 5 feet. This was acceptable to Commissioner PLUMMER. Alan White requested that the ordinance also be amended in regard to all side and rear yard setbacks for detached garages, carports and storage sheds. The present language states the setbacks should be 5 feet if less than 7 feet in height, 10 feet if less than or equal to 15 feet in height. He proposed that the ordinance read that setbacks should be 5 feet if less than or equal to 7 feet in height, 10 feet if greater than 7 feet in height. This was acceptable to Commissioners PLUMMER and WEISZ. The motion passed 7-1 with Commissioner McMILLIN voting no. 8. OLD BUSINESS . Commissioner McMILLIN commented that trees have been planted at the service station at 38th and Kipling. 9. NEW BUSINESS . Commissioner McMILLIN expressed concern about the lighting and placement of the sign Planning Commission August 7, 2003 Page 5 for the new Starbucks at 38th and Kipling. Travis Crane stated that the sign meets all aspects of the sign code. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS . Alan White informed the Commission that the city manager's report on the Planning Commission was read at the last City Council meeting. He distributed copies of the report and apologized that the Commissioners did not have a copy of the report before the Council meeting. He also advised the Commission that he plans to meet with Chair McNAMEE to discuss any areas where further training would be advisable. These areas could be discussed at the next meeting. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 8:45 p.m. The motion passed unanimously. njCWa/\ 1YlW~ Marian McNAMEE, Chair A""~~ Planning Commission August 7, 2003 Page 6