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HomeMy WebLinkAbout02/05/2004 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting February 5, 2004 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting ofthe Wheat Ridge Planning Commission was called to order by Chair McNAMEE at 7:00 p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: John McMillin Marian McNamee Phil Plunnner Paula Weisz Kevin Witt Commission Members Absent: Scott Wesley (excused) Staff Members Present: Alan White, Community Development Director Meredith Reckert, Senior Planner 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 5, 2004. A set of these minutes is retained both in the office ofthe City Clerk and in the Community Development Department ofthe City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to approve the agenda as presented. The motion passed unanimously. 5. APPROVE MINUTES - December 18, 2003 It was moved by Commissioner WEISZ and seconded by Commissioner McMILLIN to approve the minutes of December 18, 2003 as presented. The motion passed unanimously. (There were no minutes from January 15,2004. That meeting was not convened due to a lack of quorum.) 6. PUBLIC FORUM No one indicated a desire to speak at this time. Planning Commission February 5, 2004 Page I 7. PUBLIC HEARINGS A. Case No. WZ-03-1l: An application submitted by Marc Cave for approval of a rezoning from Residential One C (R-le) to Residential Three (R-3) for property located at 3281 Chase Street. This case was presented by Travis Crane. He reviewed the staff report and digital presentation. All pertinent documents were entered into the record and accepted by Chair McNAMEE. Staff recommended approval of the application for reasons outlined in the staff report. Mr. Crane entered a letter dated February 3, 2004 into the record from T. Baldwin Yager, 3287 Chase Street, Wheat Ridge and provided copies for the Commissioners. The letter expressed Mr. Yager's opposition to the application and was made a part of the official record. Commissioner McMILLIN asked why the applicant was applying for R-3 zoning rather than R- 2. Mr. Crane explained there was an abundance ofR-3 zoning in the neighborhood and, further, R-2 zoning would require a variance to lot size in order to build a duplex. In reply to a question from Commissioner McMILLIN concerning conformance with the Comprehensive Plan, Mr. Crane explained that while the application doesn't meet density requirements for the Comprehensive Plan, neither does the present zoning of R -1 C. He based his statement that the application was in conformance with the Comprehensive Plan on the fact that the single family six designation is mainly for single family structures and lots as well as duplex structures and lots. The existing senior resource center adjacent to the property is an allowable use, but would probably require a special use if it were being built today. Commissioner McMILLIN expressed concern that R-3 would indeed allow the owner to build a duplex; however, if the owner purchased an adjoining lot, he could build a multi-family unit. Approving this application could be a back door for buildings with greater density. Commissioner McNAMEE commented that she thought there was provision in the code to prevent consolidation of lots for this purpose. Mr. Crane commented that, in the case of purchase of an adjoining lot, it would be necessary to rezone the adjoining lot. Mark Cave 2600 South Parker Road, Aurora Mr. Cave, the applicant, was sworn in by Chair McNAMEE. His business, MarcEm Properties, is a franchisee of Homevestors of America. Their purpose is to buy and rebuild properties. He stated that when rebuilding began on the subject property and the existing structure was demolished, it was discovered that it would be necessary to build a new foundation for the house. This rendered the single-family project unprofitable. The plan is to put a modular structure on the property. In response to a question from Commissioner McMILLIN, Mr. Cave stated he did not know what he would do with the property if the zoning were not approved because it is economically unfeasible to build a single-family home. Planning Commission February 5, 2004 Page 2 Commissioner McNAMEE referred to page 1703, Section 26-ll7(C) of the city code and asked if this would apply to purchase of adjoining property and rezoning to R-3. . Alan White interpreted this section to mean that if another lot next door rezoned to R-3, individually a single family or duplex could be built on each of the lots but the lots could not be consolidated to build multi-family development. Commissioner McMILLIN commented that the code also states "unless the predominant adjacent land use is multi-family of a similar density," this statement could support the argument that the existing high-density multi-family across the street could support more multi- family structures in the R - 3 zone in the future. Linda Loomis 3285 Chase Street Ms. Loomis was sworn in by Chair McNAMEE. She expressed opposition to any more multi- family units being built in her neighborhood. The lot is small for a duplex. While she sympathized with the developer's situation, it was his mistake and was not a reason to allow the rezone. She pointed out that many ofthe houses in this neighborhood have future historic value. Bill McIntyre 3283 Chase Street Mr. McIntyre was sworn in by Chair McNAMEE. He expressed opposition to the rezone. He. stated that he had considered buying the subject house at one time, but decided against it because of the obvious problems with the foundation. A modular structure would be out of character with other masonry homes in the neighborhood. R-3 zoning could lead to more duplexes and multi-family in the neighborhood. John Becker 3230 Chase Street Mr. Becker was sworn in by Chair McNAMEE. He spoke in opposition to the rezone. The lot is too small for a duplex. If approved, he was concerned that everyone in the neighborhood would start selling out to developers of multi-family building buildings. Jay Sawicki 9741 Independence Way, Westminster Mr. Sawicki was sworn in by Chair McNAMEE. He works with the applicant. He stated the proposed duplex meets all code and UBC requirements. The city has reviewed the plans and determined that all city requirements are satisfied. Alan White stated that even though the proposed rezone is for R-3, development standards for three or more units would require a minimum lot size of 12,500 and the subject lot is 9,375 square feet. A minimum lot width of 100 feet would also be required and the subject lot is 75 feet. Nothing more than a duplex could be built unless there were consolidation with an adjacent property, which would require a subdivision process subject to Planning Commission review. Planning Commission February 5, 2004 Page 3 Commissioner PLUMMER stated that he would vote against the application based on nonconformance with the Comprehensive Plan and addition of more rental property in the city. There is an existing water/sewer tap and a single-family dwelling could be built on the property. Commissioner McMILLIN stated that the only reason to vote in favor of the application is one of economic benefit to the developer who is part of a national corporation with many resources. The developer didn't look into zoning on the property or the condition ofthe foundation at the time they began their project. He suggested that the developer could seek a rezone to R-2 and request a variance in order to build a duplex. It was moved by Commissioner McMILLIN and seconded by PLUMMER to deny the application based upon (1) nonconformance with the Comprehensive Plan; and (2) the developer has created a self-imposed hardship. The motion passed 5-0. B. Case No. WPA-04-01 (continued from January 15,2004): A resolution adopting amendments to the City of Wheat Ridge Comprehensive Plan. The two proposed amendments are the following: (1) Extension of the Comprehensive Plan area outside the current city limits, and (2) Revisions to Chapter 7 dealing with regional cooperation. This case was presented by Alan White. He reviewed the staff report. Staff recommended approval of the resolution with changes outlined in the staff report. In response to a question from Commissioner WEISZ, Alan White explained that a plan needs to be in place under state statute in the event of any future annexation. These are only suggested land uses. If and when annexation occurs, it would still be necessary to adhere to the city's PID, PCD, etc. regulations. Commissioner McMILLIN asked if the intergovernmental agreements would include restrictions on flagpole annexations. Alan White replied that this is something that could be addressed in the agreements. Commissioner McMILLIN expressed concern about public hearings for people who are not citizens of Wheat Ridge who would be affected by the amendments. Alan White stated that there were public hearings in Jefferson County. Commissioner McNAMEE expressed concern about the economic viability of annexing large residential areas which require additional city services. It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to adopt a resolution adopting amendments to the City of Wheat Ridge Comprehensive Plim with an amendment that density cannot exceed two dwelling units per acre in the Fairmount area. It was moved by Commissioner McMILLIN and seconded by Commissioner WEISZ to amend the motion to eliminate from the plan everything south of 32nd Avenue and west of Page 4 Planning Commission February 5, 2004 Youngfield. The motion passed 4-1 with Commissioner PLUMMER voting no. Alan White commented that this would create a new category ofSF-2 (Single Family not to exceed 2 dwelling units per acre). The amended motion passed by a vote of 5-0. C. Case No. ZOA-03-17 (continued from December 4, 2003): An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval. This case was presented by Meredith Reckert. This case was discussed at length at the December 4, 2003 Planning Commission meeting. The one change from recommendations presented on December 4, is that staff was recommending that final development plans not have an automatic expiration date, that they follow the required development schedule specified on the final development plan. If the development schedule expires, a final development plan amendment is required. It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER that Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plans, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The proposed language distinguishes between different types of development plan approvals. 2. The proposed language recognizes the planned development outline development plan as the zoning document which should remain in effect in perpetuity. 3. The proposed language reflects changes to the special use permit procedures. 4. The proposed language allows staff flexibility in dealing with final development plans. The motion passed 5-0. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS . Commissioner McMILLIN reported that he is still working on lighting regulations and requested that this be a matter for discussion at a future study session. . Commissioner McMILLIN also reported that he spoke with two members of the Lakewood Planning Commission who thought it would be advantageous to have a joint meeting with Wheat Ridge Planning Commission to discuss matters of common interest. . Commissioner McMILLIN will not be present for the February 19, 2004 meeting. 10. COMMISSION REPORTS There were no commission reports. Page 5 Planning Commission February 5, 2004 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to adjourn the meeting at 9:05 p.m. The motion passed unanimously. I!70JQJI mc}() OJI\U Marian McNamee, Chair // ~ - U~ {. //>__ '" Ann Lazzeri, Recording :raary Page 6 Planning Commission February 5, 2004