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HomeMy WebLinkAbout08/07/1997• ~. MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION August 7, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on August 7, 1997 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Anne Brinkman Harry Williams Jay Rasplicka -Excused Absence Carl A. Cerveny Nancy Snow Janice Thompson -Excused Absence Thomas Shockley STAFF PRESENT: Gerald Dahl, City Attorney Meredith Reckert, Senior Planner 7enifer Roche, Recording Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of August 7, 1997. A copy 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. 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) Mr. Dahl clarified adjustment to the Agenda Items "C" and "D" by stating that he believed it would be more efficient to combine the public hearing. He further stated that it would make sense to heaz any testimony regazding the eleven ordinance changes or any one in particular. He clarified as well that individual motions would be necessary for each of the ordinances. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, to accept the order of the agenda. Motion carried 5-0. • • Planning Commission Minutes August 7, 1997 Page 2 5. APPROVAL OF MINUTES -July 17,1997 A motion was made by Commissioner SNOW, seconded by Commissioner BRINKMAN, to approve the Minutes as written with correction. Motion carried 4-0 with Coxnrnissioner CERVENY abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Heazing section of the agenda.) Chairperson WILLIAMS swore in the following citizens: John Kellow, 4740 Parfet. Mr.Kellow questioned notification to the public. He was advised that all public hearings are required to be published in the official City newspaper the Wheat Ridge Transcript. He then questioned how much information was provided so that citizens would understand what was going on. He was told that basic information was provided and that if more details were wanted, any citizen could call the planning department and a staff report • could be mailed. He insisted that notification was lacking and asked how a citizen could become better informed. He was advised of various meeting days in a month and also how he could receive agendas or staff reports. He was also advised that a full packet is available on the public bulletin board located on the lower floor at City Hall. He was also advised that he first line of information is his City Council member who could direct him to the next step. Various Commissioners and staff members tried to explain the easiest way to secure information. Bob Eckhardt, 7400 W. 34th Avenue. As a CPRC member and past Planning Commissioner, he also tried to explain to Mr. Kellow the procedure of securing information. He suggested that he contact the Planning office and request that agendas and minutes be sent to him or go to the office and look at the information that is going to be presented. He said that City Staff is very helpful in providing and explaining all information. Georgia Ota., 4420 Pierson Street. She stated she could show initiative to contact the City to be placed on a mailing list but she felt that when she received a certified letter at her home it should have included detailed information instead of just a public hearing notification. She was advised that notices are sent to citizens, published, and posted as required and if more detailed information is wanted, citizens aze encouraged to contact the Planning Departrnent. She complained that the information is not on a level that can be understood by the general public. • • Planning Commission Minutes August 7, 1997 Page 3 7. PUBLIC HEARING A. a e Nn MS-97-2: An application by Diana Whitfield for Toula Daddis for approval of a two-lot subdivision for property zoned Residential-Two and Residential-Three. Said property is located at 4445 Parfet and 11050 West 45th Avenue, City of Wheat Ridge, Council of Jefferson, State of Colorado. Ms. Reckert presented an overview of this case. She reviewed overheads and slides with the Commission and entered into the record the Comp Plan, zoning ordinance, subdivision regulations, case file and packet materials/exhibits. Property was posted, published, and thirteen certified mailings to adjacent property owners. Ms. Reckert discussed the "L" shaped lot and stated that only a single family residence could be built on this parcel. Staff is requesting a ten foot r-o-w dedication along 45th Avenue with no addition r-o-w for Parfet Street. She said that one of the conditions of approval was to place a note on the plat regarding the removal of the trees. There aze minor legal description problems that will need to be corrected. All agencies contacted can serve the property, however, Public Works will require a final drainage report . before a building permit is issued for the northern lot and a review of street construction plans. Staff is recommending approval with two conditions; the legal description problems be corrected and that a note be added to the plat that requires all of the large trees not be removed unless the aze in direct conflict with the building. General discussion took place regazding the R-2 line, drainage, land dedication, public access, sidewalk requirements, the high tension wires, easements and permitted building area. Chairperson Williams swore in the following citizens wishing to speak on this case: Diane Whitfield, 1584 Myrtle Street, Brighton. Ms. Whitfield is the applicant representative. She said she felt that the best use of this property is for a single family residence. John Kellow, 4740 Parfet. Mr. Kellow inquired of the City Attorney and Commission what the penalties were for improperly posting public heazing signs. Ms. Reckert attempted to explain the posting requirements to him but he did not let her answer. He stated that the dates and signs were incorrect. He also stated that the signs were not up for 15 days which Ms. Reckert denounced as incorrect. Mr. Kellow went into posting details that he felt were improper. In addition, Mr. Kellow elaborated on his displeasure about building on this property and suggested that attention be paid to the high tension lines and pointed out that Public Service Company was not in attendance to discuss that issue. He additionally stated that he did not like the necessary • position the house would have to be built. Ms. Reckert stated that this public hearing was strictly the determination of a subdivision not a design issue. He accused Staff of making a wrong • Planning Commission Minutes August 7, 1997 Page 4 decision with subdividing. Pete Synko, 4499 Parfet. Mr.Synko stated he does not believe that there is enough room to build a house. He was also concerned about what affects building a house on this property would have on his well water. He believes the lot is too small and wanted to know where the lot designation pins were located. He also stated he enjoys all of the wildlife that lives on the lot and prefers not to have anything built close to his property. He would also like the owners to fmd the property line pins and was advised that the owners would be taking care of marking the property lines. Bill Hall, representative of ReMax West, 5440 Ward Road, Arvada. He stated that he hoped he could settle some fears of the neighborhood. He said that the future owner was under contract and that they have been in contact with P.S.C. and stakes have been placed across the area that cannot be built under. The future owner is under contract with a modular home that meets all requirements. The home will not have a basement and would not affect any area wells and further that there would be minimal dirt movement as well. • A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "T move that Case No. MS-97-2, a request for approval of a two-lot minor subdivision for R-2 and R-3 zoned property located at 4445 Parfet and 11050 W. 45th Avenue, be Approved for the following reasons: 1 The owners have requested a subdivision in order to create a lot for a single family home on West 45th Avenue. 2. All minimum requirements of R-2 and R-3 zone district regulations have been met. 3. A11 requirements of the subdivision regulations have been met. With the following conditions: 1. Legal description problems be corrected before review by City Council. 2. A note be added to the plat requirement that no existing mature trees be removed unless in direct conflict with a building Development." Motion carried 5-0. B. Case No. ZOA-97-5: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, relating to Group Homes. • Gerald Dahl, City Attorney, addressed this case. He stated that Council had approved two • Planning Commission Minutes August 7, 1997 Page 5 ordinances in late 1996 concerning group homes to bring the City's Code of Laws into conformance with Federal and State Statutes and in particular the Fair Housing Act. All references were previously thought to have been changed, however, one reference was not included and therefore now needs to be deleted. This change will delete the reference to developmentally disabled persons from the list of uses pennitted as special uses in the R-1. Basically this means, that local zoning authorities are not permitted to treat individuals with developmental disabilities or any of the other protected classes under the Fair Housing Act any differently than single family homes. It is illegal to treat disabled persons differently than any family just for that reason. The change to this ordinance is to cleanup all the references. A motion was made by Commissioner BRINICMAN, seconded by Commissioner CERVENY, "I move that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Approved for the following reasons: 1. It will remove the requirement for a Special Use Permit for group homes for nine (9) or more developmentally disabled persons. • 2. It will allow compliance with the Fair Housing Act." Motion carried 5-0. ~g~,a r. and n. C'omhined fnr Puhlic Hearinu, C. Case Nn. ZOA-97-R: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code relating to residential densities and development standards. D. Case Nn. WPA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standards. Commissioner CERVENY requested a moment prior to discussion. He stated in the CPRC Minutes of June 11, 1997, a motion was made and approved by Member ECKARDT that the Goals and Policies for the City as established by the CPRC, should come before the Council and Planning Commission in a Study Session. The Commissioner had many questions as it relates to the Goals and Policies and density recommendations. He suggested that the Goals and Policies be reviewed and approved prior to discussion of any density issues. • Chairperson WILLIAMS stated that he would prefer more fime to digest all of the information Planning Commission Minutes August 7, 1997 Page 6 and was also concerned that not all members were present. He felt that these were serious issues to be considered by all Commissioners. He asked the City Attorney if postponement to the next meeting would cause a hardship for anyone. Mr. Dahl stated that these issues aze time sensitive and that the moratorium would expire at the end of September. He advised that in order to prepaze for first and second readings prior to the moratorium being lifted. Mr. Dahl stated that this is a tight schedule and that the Planning Commission's recommendation and adequate time must be given to Council so that the moratorium need not be extended. Extended moratorium could lead to litigation. Commissioner SNOW stated that she felt that the Commission should go forward with the review and recommendation of the ordinances. She said there is no guazantee that all of the Commissioners would be available at any given meeting. She stated that even though she realized that the goals and objectives had not been formally accepted or approved, that they had been distributed and should have already been reviewed by the Commission as well as the density report. . Commissioner CERVENY stated he felt that it is important to understand what the goals are before proceeding. He asked the City Attorney if a postponement would create a crucial liability for the City. Mr. Dahl stated there is no magic number, however, the longer the moratorium continues, the more difficult it is to defend and further that there is one case currently in process which is related to the moratorium. Mr. Dahl said that the Council could choose several routes one of which being to lift the moratorium. However, this would permit applications to be submitted and processed under the old rules. Commissioner CERVENY stated he felt uncomfortable trying to set rules when he isn't sure what the goals and policies are. Mr. Dahl informed the Commission that the posting has been made for this public hearing and suggested that the hearing continue and at the end of the testimony, then decide what action to take. Commissioner CERVENY said that he felt that too many time decisions are made and someone isn't happy and they try to change the decision and feels the Commission should not operate in that mode. He stated that he would prefer to know what the Commission is trying to accomplish before setting policies. Commissioner CERVENYrestatedrnotion, seconded by Commissioner BRINKMAN to have the Planning Commission postpone decisions until after everyone has had a chance to review the goals/policies of the CPRC. Motion carried 5-0. Mr. Dahl confirmed that the public hearing publications have been made and there were those in the audience that wanted to testify. He suggested hearing testimony due to the publication and afterward decide whether there is enough infonnation to postpone or approve. Commissioner BRINICMAN inquired if Council had the authority to have first and second . reading even if the Commission does not make a decision. Mr. Dahl stated that no recommendation created by a tie vote, can translate into the Commission had taken as much • Planning Cormission Minutes August 7, 1997 Page 7 action as it could and therefore the Council could act. Commissioner BRINKMAN stated she was not going to just throw her vote away and she is not going to say that she does not want to make a decision. However, her concern was that she had reviewed the information for the past week but still has the feeling that she did not know why she was making the decisions she was making. She pointed out the in the CPRC booklet, the first item states "draft" on the role of the CPRC. She felt they were being asked to make decisions without guidelines to go by. Commissioner SNOW asked if she had the goals and objectives. Commissioner BRINKMAN stated all she had was a draft. Commissioner SNOW stated that they had not been formally adopted by the City Council but that each Commissioner had the draft to review. Commissioner CERVENY restated his motion. Mr. Dahl advised that the public heazing needed to be opened so that it could be continued should that be the decision. However, if the public heazing was not opened, it would have to be renoticed to a new hearing in September. In addition, there were people ready to testify at this heazing. Commissioner CERVENY clarified that testimony could be taken at this public hearing but the Commission could postpone decisions until after the goals and objectives are reviewed. Mr. Dahl said that would eliminate • the need for a readvertizing and keep the public hearing legal. Ms. Reckert offered a suggestion that the CPRC meeting scheduled for August 13 become a Study Session for CPRC and PC, hear testimony this evening and they postpone the decision on the items until August 21. Commissioner SNOW, Chairmen of the Comprehensive Plan Committee, states there aze several reasons for recommendations on density 1.) City Council asked them to do so 2.) CPRC has concluded that the community expressed dissatisfaction with the density in the City of Wheat Ridge 3.) The Citizens have expressed negative concern for zoning changes from past to present. Discussion continues on these three issues. Commissioner SNOW stated the only recommendation different from last nights meeting which is not in the packet is that the number for square- footage will increase compazably in R-2 fo R-2A zone districts. Discussions on ordinance revision continued. Question was asked by Commissioner CERVENY, as to the intent that was behind the recommendation? Commissioner SNOW replied citizen input and changes in density numbers. Susan Seeds, 6147 West 35th Avenue read a letter from Karin Heine to Planning C^mm;cclon, commending CPRC on their efforts. • Chairperson Williams swore in the following citizens wishing to speak on this case: • Planning Commission Minutes August 7, 1997 Page 8 John Kellow, 4740 Parfet, stated that he is the president of a water company which regulates the use of several ditches and that the irrigation ditches cannot accept any more water runoff. Further runoff from increased development will not be accepted by his associates. Jerry Ditullio, 3250 Newland. As a citizen he supports the recommendations of CPRC and hopes for approval. Commissioner CERVENY points out that Planning Commission is not responsible for the goals and policies of the CPRC or the actions of the CPRC. He will not have any further discussion regarding that issue. Lee Wedgewood, 10902 W. 20th. He speaks as a citizen and does not represent duplex owners. There was further discussion and clarifications of the numbers of duplexes, owners and the investors roles in the City of Wheat Ridge. Mr. Wedgewodd does not support the proposed amendment. • Lisa Rossen, 9490 W. 38th Avenue, Wheat Ridge. She supports the proposed amendment. Katherine Dunlap, 7160 W. 30th Avenue, Wheat Ridge. Mrs. Dunlap speaks as a citizen. She points out that CPRC addresses issues to maintain neighborhood characteristic and she agrees with this. Ms. Dunlap supports the proposed amendment. Martin Boros, 7200 W. 31st Place, Wheat Ridge. Mr. Boros thanked the CPRC for their time and effort establishing recommendations for the development and density standards in the City. Mr. Boros supports the proposed amendments. Ron Patera, 4125 Pierce, Wheat Ridge. Mr. Patera is a member of the CPRC and feels that they came to the meeting completely prepared. He states his wish to not table the proposes. Jean Fields, 3270 Fenton Street, Wheat Ridge. Mrs. Fields is a CPRC member. She states that this meeting should focus on the density issue. Commissioner SNOW requested that the density issue not be postponed at this meeting. Commissioner BRINKMAN asked a question in regards to the density revisions; were they done under the past or current regulations? Jerry Dahl clarified regazding the reconstruction ofnon-conforming duplex lots. Planning Commission Mvnutes August 7, 1997 Page 9 Commissioner CERVENY continued discussion on re-building. The following motions were made regarding Case No. ZOA-97-&. A motion was made by CornmissionerSNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 2b-14(F) of the Wheat Ridge Code of Laws, Residential -Two District(R-2), duplexes, be approved: ' Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Comrissioner SNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-15(F} of the Wheat Ridge Code of Laws, Residential-Two A District(R-2A), duplexes be approved:" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-15(F) ofthe Wheat Ridge Code of Laws, Residential-Two A District(R-2A) with respect to Multifamily, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to ammend Section 26-16(F) of the Wheat Ridge Code of Laws, for Residential-Three District(R-3}with respect to Multi-family, be approved:" Motion carried 3-2, Com+r+~sioners CERVENY and BRINKMAN voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-17(F) of the Wheat Ridge Code of Laws, Residential-Three A Districts(R-3A) with respect to multi-family, be approved:" Motion carried 3-2, Commissioners CERVENY and BRINKMAN voting no. A motion carried by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-25(IV)(B)(1)(c) of the Wheat Ridge Code of Laws, Planned Residential Development(PRD) relating to density, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. • Planning Commission Minutes August 7, 1997 Page 10 A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, " I move a request for approval to amend Section 26-30(D) of the Wheat Ridge Code of Laws, Developement on Multiple Parcels or Lots (Consolidated Plat or Deed), be approved" Motion carried 4-1, Commissioner CERVENY voting no A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-30(c)(4)(d) of the Wheat Ridge Code of Laws, Planned Building Group, be approved:" Motion carried 3-2, Commissioner CERVENY and BRINKMAN voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-25(IV)(B)(1) of the Wheat Ridge Code of Laws, Planned Residential Development Site Design Criteria and be continued to August 14, 1997. Motion carried 5-0. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request to observe no Ordinance change required for Residential-Three Duplex to a Residential-Three A with respect to duplexes, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS Commissioner SNOW scheduled a joint meeting on August 14, 1997 with the Planning Commission and CPRC is to discuss goals and policies. • The Future meetings for the Colorado Chapter of APA and Lakewood were dicussed 3 Planning Commission Minutes August 7, 1997 Page 11 11. DISCUSSION AND DECISION ITEMS Commissioner CERVENY discusses his concerns on having goals and meeting these specific goals in the future. 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT Meeting was adjourned at 10:50 p.m. by consensus. ~Jenifer Roche, Assistant Secretary The next meeting will be held with the CPRC on 8/14/97 at 7:00. LWIIS August 7, 19M7 Page I I Commissioner CERVENY discusses his concerns on having goals and meeting these specific goals in the future. The next meeting will be held with the CPRC on 8/14/97 at 7:00.