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HomeMy WebLinkAbout12/06/2007 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 6, 2007 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair SCEZNEY at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers Dick Matthews John McMillin Davis Reinhart J eITY Scezney Kim Stewart Commission Members Absent: Cassie Spaniel Staff Members Present: Travis Crane, Planner II Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner CHIL VERS to approve the order of the agenda. The motion carried 7-0. 5. APPROVAL OF MINUTES - November 1, 2007 It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to approve the minutes of November 1, 2007. The motion carried 7-0 with Commissioner SPANIEL absent. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to appear before the Commission at this time. Planning Commission Minutes December 6, 2007 7. PUBLIC HEARING A. Case No. MS-07-04: An application filed by Brian Johnson for approval of a two-lot minor subdivision plat with a lot width variance for property zoned Residential-Two and located at 3516 Jay Street. At staff's recommendation, it was moved by Commissioner BRINKMAN and seconded by Commissioner STEWART to continue Case No. MS-07-04 to January 17, 2008. The motion carried 7-0 with Commissioner SPANIEL absent. B. Case No. MS-07-05: An application filed by Patrick Hyland for approval of a three-lot minor subdivision plat for pro~erty zoned Residential-Two and located at approximately 6330 West 30t Avenue. The case was presented by Travis Crane. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staffreport. In response to a question from Commissioner REINHART, Mr. Crane stated that there are no driveway spacing requirements for this type of development. Commissioner BRINKMAN asked if any neighborhood meetings were held. Mr. Crane replied that there were no meetings. However, neighborhood meetings are not required in these types of cases. In response to a question from Commissioner STEW ART, Mr. Crane stated that the ditch location should not affect access between lots 2 and 3. Commissioner BRINKMAN asked if Public Works was concerned about the amount of hard surface going downhill with no curb and gutter and the possible effect on the neighbor across the street. Mr. Crane replied that Public Works did not provide a comment on that matter. Patrick Hyland 2903 Reed Street Mr. Hyland, the applicant, addressed questions presented by the Commission. He stated that the two back lots would be serviced by new water and sewer lines which will be established within the private drive. He stated that the units will be marketed around $350,000 which will probably attract primary homeowners rather than rentals. In response to a question from Commissioner McMILLIN, Mr. Hyland stated that the third duplex could be built without affecting the ditch. His intention is to leave the ditch open. He would like to have a turn-around at the end ofthe street Planning Commission Minutes 2 December 6, 2007 which might require a solution such as a concrete boundary with a removable steel surface. He is still working with the ditch company. Rolf Dahl 2845 Newland Street Mr. Dahl spoke in opposition to construction of more duplexes in the neighborhood. This part of town is saturated with duplexes and cutting lot sizes has the potential to deteriorate the style of life in the neighborhood. He stated that his quality oflife has increased in the ten years he has lived on Newland Street. Linda Ingalls 6415 W, 29th Ms. Ingalls spoke in opposition to the construction of duplexes which would affect the charm and character of the neighborhood. She expressed concern about removal of mature trees noting that one hundred year old tree has already been removed. Estelle KiefeI 2935 Kendall Street Mrs. Kiefel appeared on behalf of her husband, Eugene Kiefel, to express opposition to the application. She submitted and read into the record a letter written by her husband. The letter expressed concern that the duplexes would increase the density of the property and substantially increase traffic in the neighborhood. The letter also stated that the ditch has to be located so water flows unobstructed to the northwest corner of the lot at 2935 Kendall to prevent flooding property at 6330 W. 30th A venue when the ditch water is turned on in the spring. She also expressed concern about the removal of mature trees. They irrigate their property with the ditch water and did not want to see anything happen that would affect that situation. Dan Rathe 6411 W. 29th Avenue Mr. Rathe spoke in opposition to the application and expressed concern about traffic. The advertisin~ brochure states that the duplex properties will have easy access from 29th or 30t Avenues off a private drive which is across Mr. Rathe's property. He also stated that the ditch got clogged up this summer and flooded his garage. Commissioner McMILLIN asked if there was any documentation showing an access drive to 29th Avenue. Mr. Crane explained that there is a private drive from 29th Avenue that accesses four single family properties. There is another property directly north of those properties and west of the subject property that is also for sale and there is a marketing brochure that says that property can be accessed from 29th or 30th. That cannot happen because it would exceed the maximum number of dwelling units accessed by a private drive and, further, they would be utilizing someone's private drive. Planning Commission Minutes 3 December 6, 2007 Patrick Hyland returned to podium. He stated that he also owns a portion of the water in the ditch and he will make sure the ditch isn't clogged or harassed. He did not know about the flooding that Mr. Rathe refeITed to. He stated that everything will be cleaned up well before the ditch is opened in the spring. He also plans to take precautions so that his properties will not sustain any flooding from ditch water. Commissioner REINHART asked if there was a documented easement with a legal description for the ditch. Mr. Crane explained that there is not and that is the reason an easement is required on the plat. Commissioner McMILLIN stated that he did not believe the lack of a recorded easement compromises the legal right ofthe ditch to be there. Mr. Crane agreed. There was no one else to address the Commission. Chair SCEZNEY closed the public hearing. Commissioner McMILLIN stated that while he could sympathize with the neighbors who don't want to see the property developed, the property has been zoned R-2 for many years and the owner is well within his rights to develop it as such. He was not concerned about the ditch issue because ditches have some of the oldest property rights in Jefferson County. It was moved by Commissioner BRINKMAN and seconded by Commissioner REINHART to approve Case No. MS-07-05, a request for approval of a three-lot subdivision plat for property located at approximately 6330 West 30th Avenue, for the following reasons: 1. All requirements ofthe Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following condition: 1. The lateral easement shown on Lot 3 shall be moved to encompass the actual location of the lateral. The motion carried 7-0 with Commissioner SPANIEL absent. 8. OTHER ITEMS . Travis Crane informed the Commissioners that there are no agenda items for the December 20th meeting. It was moved by Commissioner Planning Cornmission Minutes 4 December 6, 2007 REINHART and seconded by Commissioner STEWART to cancel the December 20, 2007 meeting. The motion carried 7-0. . Staff will be planning training during January and February. Training will include web conferences from the American Planning Association as well as a training session with the city attorney. . Travis Crane presented copies of the Fruitdale Subarea plan to members of the Commission. . Commissioner BRINKMAN asked if the city was offering information on "green construction" to developers. Mr. Crane stated that there is no printed information but different aspects of this type of construction are discussed with developers. This usually occurs with commercial construction. He agreed that this is something to pursue in the future and perhaps could be discussed during the training sessions. . Commissioner McMILLIN stated that the contractor who is placing solar panels on his house told him that he experienced difficulty with the city's permit process. He had to hire an engineer to read the diagram showing how the panels would be situated and wired into the house. He also said the city's fees are higher than other jurisdictions. Mr. Crane stated that a survey revealed that the city's fees fall about in the middle of those charged by sUITounding municipalities. He stated he was unaware of the other situation but will look into it. Commissioner McMILLIN stated that he would provide documentation to Mr. Crane. 9. ADJOURNMENT It was moved by Commissioner REINHART and seconded by Commissioner STEWART to adjourn the meeting at 7:55 p.m. ~~ Jer scezney,~----- ~ Ann Lazzeri, Secretar Planning Commission Minutes 5 December 6, 2007