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HomeMy WebLinkAbout07/07/2005 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting July 7, 2005 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Plarming Commission was called to order by Chair McMillin at 7:00 p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. ROLL CALL Commission Members Present: Anne Brinkman Jim Chilvers John McMillin Jerry Scezney Cassie Spaniel Kim Stewart Scott Wesley Commission Members Absent: Phil Plummer Staff Members Present: Alan White, Community Development Director Gerald Dahl, City Attorney Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of PI arming Commission minutes for the public hearing of July 7, 2005. 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. 1. APPROVE ORDER OF AGENDA It was moved by Commissioner WESLEY and seconded by Commissioner SCEZNEY to approve the order ofthe agenda as presented. The motion passed unauimously. 2. APPROVE MINUTES - June 2, 2005 It was moved by Commissioner BRINKMAN and seconded by Commissioner STEWART to approve the minutes of June 2, 2005 as presented. The motion passed 7-0 with Commissioner PLUMMER absent. 3. PUBLIC FORUM There was no one present to address the Commission during this portion of the meeting. Planning Commission July 7, 2005 Page 1 7. PUBLIC HEARING A. Case No. ZOA-05-02: An ordinance amending Chapter 26 ofthe Wheat Ridge Code of Laws pertaining to private rezoning. Alan White presented this case which would amend the Code in regard to Plarming Commission's action on land use cases. The code as presently written provides that a zone change denial by the Planning Commission is final. The proposed amendment would provide that a zone change denial by Planning Commission would move on to City Council for final decision. Jerry Dahl further explained the proposed amendment. Commissioner WESLEY pointed out some discrepancies in his code book as compared with the code contained on the website. Alan White agreed that there was indeed an inconsistency in the language when the amendment was written and should be changed. These corrections should be set forth as conditions in the motion. It was moved by Commissioner WESLEY that Case No. ZOA-05-02, a proposed amendment to Section 26-112 (private rezoning) of the Wheat Ridge Code of Laws regarding private rezonings, be forwarded to City Council with a recommendation of approval for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. With the following conditions: 1. Under Article III, Section 2-60, Planning Commission, Section F, the sentence beginning "A negative decision" and ending with "council agenda for hearing of decision" be stricken. 2. Under Section 26-116, Planned Building Groups, Section B-2, the sentence "Application for planned building group denied by Planning Commission may be appealed to the City Council at a public hearing" be stricken. 3. Appropriate references to appeal of hearings in right-of-way vacancies be stricken. 4. Appropriate references to appeal of decisions in minor subdivisions without right- of-way dedication be stricken. For clarification, Alan White asked if the intent was to have right-of-way vacations, plarmed building groups and minor subdivisions automatically heard by City Councilor that Plarming Commission decisions would be final in these cases. Discussion ensued regarding whether or not Plarming Commission should make the final decision in the subject cases. Planning Commission July 7, 2005 Page 2 Commissioner WESLEY's motion died for lack of a second. Direction was given to city staffto prepare an enhanced report containing various choices available for decisions in the matters discussed to be considered at a later date. Commissioner WESLEY volunteered to research policies from neighboring jurisdictions. It was moved by Commissioner STEWART and seconded by Commissioner WESLEY to continue the hearing on Case No. ZOA-05-02 to the meeting of August 4, 2005. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS A. Case No. WZ-05-05 (Action Onlv): An application filed by Michael G. Pharo Associates for approval of a rezoning from Commercial-One and Agricultural-One to Plarmed Commercial Development and approval of an outline and final development plan for properties located at 4900 and 4990 Parfet Street. Jerry Dahl presented this case and explained that the failed motion for approval ofthis case on May 19, 2005 did not constitute a denial of the case making it necessary for the Commission to take final action at this time. He also advised that only members present at the May 19th hearing could participate in the vote at this hearing (Brinkman, Chilvers, McMillin, Plummer, Scezney and Spaniel) and that no additional testimony could be taken. It was moved by Commissioner BRINKMAN and seconded by Commissioner SPANIEL to recommend denial of Case No. WZ-05-05, a request for approval of a zone change from Agriculture-One and Commercial-One to Planned Commercial Development and for approval of an Outline Development Plan for properties located at 4900 and 4990 Parfet Street. With the following findings: 1. There are regional drainage issues affecting the property which are unresolved. 2. The applicant did not adequately address concerns expressed during the previous hearing on this case. Commissioner BRINKMAN stated that she voted against approval of the application at the last hearing because she felt there were too many conditions associated with approval and there were many concerns expressed during the hearing that were not adequately addressed by the applicant. Commissioner McMILLIN stated that he voted against approval at the last hearing because there wasn't adequate assurance that there would be adequate on-site parking for employees to prevent parking on Parfet Street. There was no assurance that on-site parking would not be used for inventory. Commissioner SPANIEL stated that she voted against approval for the same reasons given by Commissioners BRINKMAN and McMILLIN. Planning Commission July 7, 2005 Page 3 Commissioner SCEZNEY stated that he did not believe the drainage issues supported a motion for denial. He stated he was in favor of the application based upon the issues presented and conditions associated with approval. Commissioner SPANIEL offered a friendly amendment to add two additional findings: 3. The proposed commercial zone change is inconsistent with the Agriculture/Estate Residential designation on the Comprehensive Plan. 4. The proposed commercial development could be incompatible with the existing residences to the north. The friendly amendment was accepted by Commissioner BRINKMAN. The motion passed 4-1 with Commissioner SCEZNEY voting no, Commissioners STEWART and WESLEY abstaining and Commissioner PLUMMER absent. 9. NEW BUSINESS . Alan White reported on staffs findings regarding other muncipalities' noticing requirements for rezoning hearings. There was a consensus that public hearing notice signs should be increased in size to 3 feet by 4 feet and that boundaries be increased for sending notices by mail from 100 feet to 300 feet. Staff will draft an ordinance to be brought back for the Commission's consideration. . Chair McMILLIN encouraged Commission members to review the report prepared by the Wheat Ridge 20/20 consultant. Alan White stated that the consultant is finalizing the report for consideration by City Council on July 25th. 1. COMMISSION REPORTS There were no commission reports. 1. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 2. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner CHIL VERS to adjourn the meeting at 8:30 p.m. The motion passed unanimously. ~~".. Ann Lazzeri, Recordi S cretary Planning Commission July 7, 2005 Page 4