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HomeMy WebLinkAbout12/04/2003 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 4, 2003 ORIGINAL 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: John McMillin Marian McNamee Phil Plummer Michael Stites Scott Wesley Commission Members Absent: Paula Weisz (excused) Kevin Witt (excused) Staff Members Present: Alan White, Community Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary Alan White introduced Scott Wesley, recently appointed Planning Commission member from District I. 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of December 4, 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 PLUMMER and seconded by Commissioner STITES to approve the agenda as presented. The motion passed unanimously. 5. APPROVE MINUTES - November 6, 2003 It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to approve the minutes of November 6, 2003 as presented. The motion passed with Commissioners MCNAMEE and WESLEY abstaining and Commissioners WEISZ and WITT absent. Planning Commission December 4, 2003 Page 1 6. PUBLIC FORUM There were none present to address the Commission. 7. PUBLIC HEARINGS A. Case No. ZOA-03-16: An ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning public hearing notice and procedure. Meredith Reckert reviewed the staff report. Staff recommended approval of the case for the following reasons. 1. The proposed change will be consistent with the revised land use process chart reviewed by Planning Commission on September 4, 2003. 2. The requirement for pre-application neighborhood meetings will apply for zone changes and planned development outline development plan approvals. 3. The proposed modifications are consistent with the revised special use procedures. Chair McNAMEE asked to hear from members of the public. Charles Durbin 3703 Ames Street Mr. Durbin was sworn in by Chair McNAMEE. He expressed concern that the proposed ordinance with changes to the neighborhood meeting requirement would eliminate another vehicle for informing nei~hbors about what is going on their neighborhoods. He cited the Walgreen's project at 38' and Sheridan where he said many of the neighbors were not aware of the project until they saw signs posted in the neighborhood. Meredith Reckert explained that posting procedures would not change if this ordinance is approved. Neighborhood meetings are noticed by letter to surrounding property owners. Robert Wallace 3749 Sheridan Mr. Wallace stated from the audience that he agreed with Mr. Durbin's comments. Commissioner McMILLIN stated he would vote in favor of the ordinance because it is the consequence of previous decisions but expressed concern about future streamlining procedures that may take more authority from Planning Commission or to cut back on requirements of development applications. Meredith Reckert stated that she is not aware of any other changes planned to the land use processes. It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to recommend approval of an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning public hearing notice and procedure. The motion passed 5-0 with Commissioners WEISZ and WITT absent. Planning Commission December 4, 2003 Page 2 B. Case No. ZOA-03-17: An ordinance amending Section 26-107 ofthe Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given ofthis requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commission December 4, 2003 Page 3 procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter. It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 ofthe Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5,2004. The motion passed unanimously. 8. OLD BUSINESS . Alan White reported that AutoNation is in the ~rocess of installing a wetlands/detention pond and storm sewer improvements out to 38' Avenue. A building permit for their new building is anticipated in the spring. They have indicated they want to be open by January, 2005. In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. . 9. NEW BUSINESS . Alan White reported that the December 18th Planning Commission agenda will include RV regulations. . Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. (()0-IOf)fl1/'A };fl\O~ Marian McNamee, Chair Page 4 Planning Commission December 4, 2003