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HomeMy WebLinkAbout05/16/2002 CITY OF WHEAT RIDGE PLANNING COMMISSION ORIGINAL Minutes of Meeting May 16,2002 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ at 7:00 p.m., May 16, 2002, in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jerry Collins Paulette Cooper John McMillin Marian McNamee Philip Plununer Nancy Snow Pallia Weisz Kevin Witt Staff Members Present: Alan White, Planning Director Travis Crane, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of May 16, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner COLLINS and seconded by Commissioner McMILLIN to approve the agenda as presented. The motion passed 8-0. 5. APPROVE MINUTES It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to approve the minutes of May 2, 2002 as presented. The motion passed 8-0. 6. PUBLIC FORUM Jerry DiTullio, Mayor Pro Tern - Mr. DiTullio submitted copies of a memo from Alan White to the City Manager requesting a legal opinion from the city attorney concerning the legality of Urban Renewal executive sessions as requested at the last Planning Commission hearing. He questioned the Planning Commission regarding the intent of this request. He stated he had not yet read the PlaIming Commission meeting minutes of May 2, 2002. Planning Commission May 16,2002 Page 1 Commissioner SNOW stated she made the request to clarify the law concerning executive sessions for the Urban Renewal Authority and whether or not the law is different than the law for City Council executive sessions. Commissioner COOPER commented that the Planning Commission was in unanimous agreement to request the legal opinion. Commissioner McNAMEE stated that she was not in agreement with this request made during the May 2 Planning Commission meeting. Commissioner McMILLIN stated he was in agreement with the request because he wanted clarification as to when conversations with developers become a matter of public record. Jerry DiTullio stated that the Urban Renewal Authority hired consultants to talk with potential developers; however, there have never been any secret meetings between any developers and the City Councilor the Urban Renewal Authority. He took exception to the insinuation that such meetings have occurred. He suggested that Planning Commissioners contact the City Council when such questions arise. Chair WEISZ commented that she was in agreement with the request because she just wanted further clarification as to how the Planning Commission fits into the urban renewal process. Commissioners PLUMMER, McMILLIN and COLLINS also indicated that this was their purpose for the request. 7. PUBLIC HEARING A. Case No. WZ-02-01: An application by the Buckeye Group, LLC for approval of a rezoning from Restricted-Commercial (R-C) to Restricted-Commercial (R-C) and Residential-One C (R-1C) for property located at 6455 West 38th Avenue. The case was presented by Travis Crane. He reviewed the staff report, entered all pertinent documents into the record and advised the Commission they had jurisdiction to hear the case. A visual presentation was given showing photographs and layouts of the property included in the application. Mr. Crane noted that a letter of opposition was received by the Planning Department following the neighborhood meeting and was included as Exhibit C in the staff report. Staff recommended approval of the application because the proposed zone change is consistent with the Comprehensive Plan, would eliminate encroachment of commercial zoning into the neighborhood, and would not create a negative impact upon the neighborhood. In conclusion, Mr. Crane distributed copies of a letter from Kay Wells, 3895 Lamar Street, which was received Monday, May 13. The letter stated she was not in favor of rezoning until her questions collid be answered. Commissioner SNOW asked ifthe 35 foot detention pond easement was a part oflot 3. Mr. Crane replied that it was a part of lot 3 and the owner of that lot would be responsible for maintenance of the pond. Commissioner SNOW questioned number 4 of the notes regarding dedication ofthe sidewalk. Mr. Crane explained that the Public Works Department did not recommend dedication but suggested the sidewalk be placed in an easement. Commissioner Planning Commission May 16,2002 Page 2 SNOW noted that the address in the letter of opposition (Exhibit C) was not close to the subject property and asked if the person who wrote the letter also owned property near the area. Mr. Crane replied that he did not know. Leslie Cavness 2273 Fillmore Street, Denver Ms. Cavness, representing the Buckeye Group, was sworn in by Chair WEISZ. Commissioner McMILLIN asked if the applicant planned to develop lots 1 and 2. Ms. Cavness replied that it has not been determined whether they will build or sell the lots. They will definitely not be the developer for lot 3. Commissioner McMILLIN referred to the irregular shape oflot 1 and asked if Ms. Cavness had received an architectural opinion regarding access. Ms. Cavness stated she has done preliminary site planning and is satisfied that the driveway can be placed in an attractive and functional manner. In response to a question from Chair WEISZ, Ms. Cavness stated there are no present plans to remove the structures from lot 3. John Wright 3955 Lamar Street Mr. Wright was sworn in by Chair WEISZ. He stated he would prefer one-story homes to be built on the property to stay in character of the neighborhood. He also asked if Lamar Street would be extended through to 38th. Travis Crane stated there are no plans for Lamar Street to be extended. James Johnson 3845 Kendall Ms. Johnson was sworn in by Chair WEISZ. He expressed concern about maintenance of the detention pond which would be directly behind his home. He was in favor of the zone change to residential but asked that any development match the surrounding neighborhood. He also expressed concern that building a home and driveway on lot one cou1d adversely affect the existing home on lot twelve. Larry Maske 3855 Kendall Mr. Maske was sworn in by Chair WEISZ. He preferred to see single story homes built on lots one and two. He expressed concern about the location of the fire hydrant. Ms. Cavness explained that the fire hydrant would be on the northwest corner of 39th and Kendall and would not be in front ofMr. Maske's house. James Johnson returned to the podium. He stated that he had talked with a person surveying the subject property who told him that modular homes were planned for the lots. He expressed concern that modu1ar homes wou1d not fit in with the neighborhood. In response to a question from Commissioner McMILLIN, Travis Crane stated that modular homes are allowed in the City of Wheat Ridge. Planning Commission May 16,2002 Page 3 Chair WEISZ asked the applicant if the Buckeye Group planned to build single story homes. Ms. Cavness stated there are no development plans at present but would expect those rights afforded under the zone district. In response to a question from Commissioner McMILLIN, Travis Crane stated there are no single story height limit restrictions in any zone district in the city. There were no other individuals who wished to address the Commission. Chair WEISZ closed the public hearing. It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW, that a request for approval of a rezoning for property located at 6455 West 38th Avenue be approved for the following reasons: 1. The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The change in zone will eliminate the encroachment of commercial zoning into this neighborhood. 3. The change in zone will not create an isolated or spot zone district. 4. The zone change is compatible with the surrounding area. 5. The change of zone will not adversely affect the public health, safety or welfare. Commissioner McMILLIN complimented the applicant for presenting a good design which will serve as buffering between residential and commercial along 38th Avenue. In regard to the concerns expressed about single story houses, he reminded the neighbors that commercial zoning has a height limitation of fifty feet. Commissioner SNOW advised the neighbors that there is no way, other than subdivision covenants, to limit houses to one story. She further stated that state law does not allow the city to prohibit modular homes. The motion passed 8-0. B. Case No. MS-02-02: An application by the Buckeye Group, LLC for approval of a 3- lot minor subdivision plat on property located at 6455 West 38th Avenue. This case was associated with the prior case. There were no questions of staff or the applicant. Chair WEISZ asked to hear from members of the public. The following addressed the Commission: Vince DiManna 3920 Lamar Street Mr. DiManna was sworn in by Chair WEISZ. He expressed concern about increased parking that would result from the proposed development because the street is very narrow. He expressed concern about the detention pond which could be a breeding ground for mosquitoes. Page 4 Planning Commission May 16, 2002 Eric Larson 3900 Lamar Street Mr. Larson was sworn in by Chair WEISZ. He also expressed concern about increased parking in the area. There were no other individuals who wished to address the Commission. Chair WEISZ closed the public hearing. Commissioner SNOW asked if there was any way to restrict parking in the area. Travis Crane replied that there was not. Commissioner McMILLIN commented that the proposed development would result in fewer parking problems than other types of development could cause. 1. The subdivision meets all requirements of the subdivision regulations. 2. The proposed lots all meet the minimum lot area and lot width requirements of the subdivision regulations. It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE that Case No. MS-02-02, a request for a three-lot minor subdivision for property located at 6455 West 38th Avenue be approved for the following reasons: With the following conditions: 1. That the plat corrections recommended by city staff be made prior to recordation with Jefferson County. 2. The subdivision approval is contingent upon prior City Council approval of the rezoning request. The motion passed 8-0. 8. OLD BUSINESS There was no old business to come before the Planning Commission. 9. NEW BUSINESS There was no new business to come before the Planning Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission May 16, 2002 Page 5 12. ADJOURNMENT It was moved by Commissioner COLLINS and seconded by Commissioner McNAMEE to adjourn the meeting at 8:10 p.m. p c.// d~(~~ Ann Lazzeri, Recording Secretary Planning Commission May 16, 2002 Page 6