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HomeMy WebLinkAbout09/15/20161. 2. 3. 4. II City of "� Wheat Midge PLANNING COMMISSION Minutes of Meeting September 15, 2016 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Amanda Weaver Lauren Mikulak, Senior Planner Lisa Ritchie, Planner II Zack Wallace, Planning Technician Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES — September 1, 2016 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of September 1, 2016, as amended. Motion carried 5-0-3 with Commissioners BUCKNAM, TIMMS and WEAVER abstaining. Planning Commission Minutes September 15, 2016 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Benny Gonzales 3145 Eaton Street, Wheat Ridge Mr. Gonzales said he, family and neighbors feel the 12 '/z foot bulk plane is a good fit for the R-1 C neighborhood. Michael Epson 2905 Chase Street, Wheat Ridge Mr. Epson stated he and others in the neighborhood feel the 35 foot height limit does not fit the character of the neighborhood because the majority of homes are one story bungalows. He stated the decks of the large homes look directly in the other backyards and there is a loss of privacy which could limit property values. Mr. Epson handed out graphics and petition which was circulated through the neighborhood and signed by neighbors who support a 12 % bulk plane and a height limit of 25 -feet for the R-1 C zone district. He added that those development standards would be more in line with the character of the neighborhood. Victoria Mendoza 3021 Chase Street, Wheat Ridge Ms. Mendoza stated she is happy to be in this neighborhood and added she also does not think the 35 -foot height limit fits the neighborhood and to please consider a 12 % foot bulk plane. She feels the character of the neighborhood will be changed if the height limit stays at 35 -feet. 7. PUBLIC HEARING A. Case No. ZOA-16-05: An ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process. Ms. Ritchie gave a short presentation regarding the ordinance amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. She stated that City Council wants to codify an existing administrative policy regarding billboard regulations. Council was asked if there are any other standards if they want to look at, but codifying the policy is the only action they wish to take right now. Planning Commission Minutes -2— September 2September 15, 2016 Commissioner BODEN asked when the permit application is approved does the contract between the property owner and the billboard company follow the land and is the City involved. He also inquired if the City issues a permit each time the billboard content is changed. Ms. Ritchie explained that the City is not a party to those types of agreements. The intent of the policy is to protect the billboard owner and the landowner. The City also does not review the content of the billboard. Commissioner TIMMS asked if the policy of this ordinance to keep the billboard in the city only along I-70. Ms. Ritchie explained the intent of the policy is to keep the billboard count at 16 and only along I-70. There are two non -conforming signs along Ward Road that are not oriented toward I-70. Commissioner OHM asked why a building permit and a letter to the Community Development Director are necessary to modify or take down and replace a billboard. Ms. Mikulak explained that the notification and demolition permit is a safety net that will protect anyone modifying the billboard and will also make sure the billboard location will not be lost if it is temporarily taken down. Commissioner DORSEY asked if a non -conforming billboard is vacated and torn down on Ward Road would another one be built on I-70. Ms. Ritchie explained we would still only have 16 billboards in the city per the code. It was moved by Commissioner TIMMS and seconded by Commissioner LEO to recommend APPROVAL of the proposed ordinance amending Section 260711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process. Motion carried 8-0. B. Case No. ZOA-16-04: An ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service and making conforming amendments in connection herewith. Ms. Ritchie gave a short presentation regarding the ordinance amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Planning Commission Minutes -3— September 3_September 15, 2016 There are new FCC regulations for local government that within 60 days all applications for a facility that is not substantially changing be reviewed and approved. Also staff recommends the establishment of the following additional development standards relate to all facilities: Colocation, Federal Requirements, Safety Standards and Residential Uses. Commissioner BODEN asked about subsection D-4 and abandonment of CMRS facility and the guidelines. Ms. Ritchie said there are guidelines for abandonment, but this particular section about the City being reimbursed is new and was written by the City Attorney and is consistent with similar provisions elsewhere in the code. Commissioner BUCKNAM asked about subsection 8c and why it is possible to put a CMRS facility on a multi -family building as opposed to having a free standing facility and is more of an aesthetic choice. Ms. Ritchie stated the wall mounted antennas are less impactful. Ms. Mikulak added the city has a limited amount of multi-level structures and the wall mounted facilities tend to stand out less than free standing structures and there is more opportunity for colocation. Commissioner BUCKNAM also asked if the change in height from 7 to 12 feet is due to a change in technology requirement. Ms. Ritchie stated it is not uncommon to have taller antennae because it could reduce the amount of facilities in the city. It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to recommend APPROVAL of the proposed ordinance repealing and reenacting section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service and making conforming amendments in connection herewith. Motion carried 8-0. 8. OTHER ITEMS A. Discussion: Residential Development Standards and Bulk Plane Mr. Wallace stated that the Community Development Department started research on Residential development standards during the summer of 2016. During study session with both Planning Commission and City Council in July Staff was directed to keep moving forward with the bulk plane research. On August 22, City Council adopted an emergency ordinance which implemented a 45 degree Planning Commission Minutes -4— September 4— September 15, 2016 bulk plane requirement measured at 15 feet above the property line in the R-1 C zone district. This emergency ordinance is effective for 90 days. Mr. Wallace gave a brief description regarding terminology of bulk plane definitions. The bulk plane restricts the building envelope as a structure gets taller. Mr. Wallace explained that neighboring jurisdictions have bulk planes ranging from 10 to 17 feet. Staff does not recommend the 10 or 12 foot bulk plane because they are too restrictive and do not support the City's goal of reinvestment because they severely restrict a property's potential building area. The 17 foot bulk plane is also not recommended by staff because it is too permissive and allows development at a mass and scale that is inconsistent with existing neighborhoods. Staff recommends a 15 foot bulk plane requirement because the height provides a reasonable building envelope in which property owners may reinvest in the property, while also reducing the likelihood of the three-story construction. With this, Mr. Wallace asked if there is support for a 15 foot bulk plane from the commission. Commissioner BUCKNAM sees the rationale for a 15 foot bulk plane and thinks it fits with the Envision Wheat Ridge Comprehensive Plan, but with the small lots on the east side of town a 15 foot bulk plane does not address the Envision Wheat Ridge character aspect. He would like to encourage staff and City Council to consider taking in to account geographic boundaries or modification to the 15 foot bulk plane and with the smaller lots a lower bulk plane. Commissioner DORSEY would like to see the difference split between the 10 and 15 foot bulk plane and have a 13 foot bulk plane and he wondered how staff came up with the 15 foot bulk plane. He worries about the people's privacy on the east side of town with the structures being so tall and the 3`d story patios. Mr. Wallace explained that Staff analyzed bulk plane starting between 10 and 17 feet above a property line as those were the most common found throughout the Denver Metro Area. The analysis indicated to Staff that the 15 foot bulk plane was the most appropriate to recommend. Ms. Mikulak added that staff is trying to balance competing goals. Bulk plane can be a one size fits all because it doesn't depend on how wide the lot is, but as the structure gets taller than the further from the property line it gets regardless of the size of the lot. Commissioner KIMSEY said she has reservations to the bulk plane because of the height. She would like to see a graphic of what a 35 foot building looks with a 12 and 15 foot bulk plane. Ms. Mikulak explained that on a 50 foot wide lot a building that is three stories tall which would be allowed under the 35 foot height limit would be 16 feet wide. The bulk plane would apply on all four sides of the property. Planning Commission Minutes -5— September 5_September 15, 2016 Commissioner KIMSEY would like to see staff address window placement for privacy issues. Commissioner TIMMS said he was not present for the previous study session and he recognizes staffs balance and thinks we should be sensitive to the existing homes, but also what the market is looking at. Commissioner TIMMS asked if staff has spoken with any builders regarding bulk plane. Mr. Wallace stated that Staff has not formally asked for input from builders, but that a few builders who have been in the City Offices have inquired about a bulk plane requirement and have even asked why the City of Wheat Ridge does not already have a bulk plane requirement. Many of them build in other cities around the Denver Metro area and are familiar with bulk plane and needing to conform to those requirements and would have no problem conforming to the bulk plane standards. Commissioner TIMMS feels the bulk plane is not the appropriate tool for the concerns being raised. If the main issue is the height and 3 -story homes, maybe the maximum height should be looked at instead. He also stated that residential design standards don't want to be looked at by City Council because of the diversity of housing stock that exists. He asked if this still the vision to have the diversity. Mr. Wallace said there was no consensus moving forward on residential design standards when brought up to City Council in July. Commissioner TIMMS added he would not support a bulk plane and thinks the issue at hand is the maximum height and that is what should be discussed. Commissioner LEO feels an average bulk plane should be looked at depending on the area a structure is being built. Commissioner WEAVER also feels the average should be taken into consideration depending on the area and/or lot size. She also state that if we don't want certain height in particular areas of the city then that should be looked at. Mr. Wallace explained that City Council would like us to look at bulk plane first and then do some analysis on height limits. Commissioner OHM stated he can see the intent of not having a 3 -story building next to a single story, but would like to continue with the diversity of having different size heights. He has concerns with the bulk plane and how it will affect the architecture of the building. Commissioner OHM would also like to see dimension in the graphics to see if a structure would have 8 or 10 foot ceilings depending on the bulk plane. He also thinks maybe average should be looked at. Planning Commission Minutes -6— September 6September 15, 2016 Ms. Mikulak stated she is not hearing a consensus on what the vertical height of the bulk plane should be and there is minimal data on the heights of structures to get an average in a specific area the City and staff would have to figure a way to implement that. Commissioner BUCKNAM feels an average of an area can help define the character of the neighborhood and maintain it. Ms. Mikulak stated that staff has been given direction and is trying to balance very conflicting goals. To find an average of a neighborhood that is primarily one story homes will result in only one-story homes being able to be built. The intent of the bulk plane is to scale back new construction in order to not have tall buildings towering over smaller buildings. We trying to respect the character of a neighborhood, but not necessarily preserve it. This is a challenging topic and we also have to think about the market. Mr. Wallace moved forward with the presentation and explained that staff recommends a bulk plane being applied universally across all residential zone districts. This would provide a level of assurance that new construction would need to be scaled back and follow the bulk plane, regardless of residential zone district or lot size. With this, Mr. Wallace asked if there is support for a universal application of a bulk plane standard. Commissioner BUCKNAM stated that in theory it makes sense but wants to take into account the neighborhood and the distinct characteristics that need to be addressed. Commissioner KIMSEY agreed with Commissioner BUCKNAM'S statement and added that there needs to be a way to preserve the existing nature of a neighborhood and that 35 feet is too tall. Commissioner TIMMS does not think a bulk plane should be applied across all residential zone districts. He also asked if it will apply to agricultural and mixed use zoning. Mr. Wallace said that staff would like feedback on the agricultural zoning for bulk plane because single family uses are permitted. He added that mixed use zoning already has additional setback standards built into the code for instances when mixed use zoning abuts residential and agricultural uses. Commissioner TIMMS doesn't feel bulk plane should apply to agricultural or R-3 zone districts, it's not one size fits all. He would also like to see what our neighboring border cities are doing. Commissioner LEO does not feel the bulk plane should be applied universally, but need to figure a way to figure this out. Planning Commission Minutes -7— September 7September 15, 2016 Commissioner WEAVER feels that if a bulk plane is applied universally it will be too restrictive and would anger people on the west side of the city. Ms. Mikulak says she is hears from the Commission is to try and identify some geographic area that would require public involvement to possible figure out the bulk plane or maximum height limits. Chair OHM stated he does not want to see a bulk plane universally applied to all residential zone districts either. Ms. Mikulak and Mr. Wallace reminded the Commission that when considering which zone districts the bulk plane should apply it is important to note that in the area of largest concern at the moment, East Wheat Ridge, there are many R-3 lots on which single-family homes are permitted to be built. Currently, the emergency bulk plane ordinance only applies to R -1C, and as such structures on R-3 lots can utilize the full 35 foot height maximum. With that, Ms. Mikulak then wanted to know if bulk plane were not applied universally is there a consensus on where it should be applied. Chair OHM would be in support of bulk plane in the R-1 zone district, but would like to see a good neighbor approach also. Commissioner BUCKNAM stated the R -1C is mostly in the east end of Wheat Ridge and keeping neighborhood character is important and City Council should take a good look at this. Commissioner TIMMS stated that if staff is under pressure then the bulk plane should be kept with the R-1 C zone district and examine the details at a later date. Commissioner WEAVER doesn't want to rush into a bulk plane standard. Ms. Mikulak reminded the Commission that emergency ordinances are only in effect for 90 -days, so we are now up against a limited time frame in order to establish a new ordinance. Ms. Mikulak then stated that she is hearing that the emergency bulk plane ordinance in the R-1 C zoning be extended as a permanent ordinance for the time being while a more comprehensive analysis is conducted that includes a large public involvement process, a discussion around appropriate heights, and the identification of geographic areas for applying new standards. Chair OHM would also like to hear from the builders in the community. Ms. Mikulak added that housing stock has stagnated and we don't want the zoning code to be the reason for this so we have to figure out how to maintain a balance. Planning Commission Minutes -8— September gSeptember 15, 2016 Mr. Wallace moved forward with the presentation, and introduced the current step back requirements that apply to duplexes and multi -family buildings. Staff would consider getting rid of these step back requirements, because they would be duplicated by the bulk plane requirement if applied to all residential zone districts. Mr. Wallace stated that he recognized the Commission had not reached a consensus on bulk plane height or the applicability of bulk plane standards, but still wanted to gather any input the Commission had on this topic. Commissioner BUCKNAM stated we have only seen step backs applied in mixed use and not in residential area. Chair OHM feel the bulk plane would limit more that step backs. Ms. Mikulak reiterated the timeline of the City Council Study session being October 3 and Planning Commission public hearing occurring on October 20. Ms. Mikulak also reminded the Commission that they make recommendations to City Council, who in turn provides direction to Staff. Staff will present City Council with similar information, and discuss the Commissions discussion on the bulk plane topic during the October 3 City Council Study Session. Council will provide Staff with direction, which will then come to Planning Commission in ordinance form at a public hearing. . 9. ADJOURNMENT It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to adjou n the meeting at 8:54 p.m. Motion carried 8-0. �e 211,-, S hm, Tammy Otte -an, Recording Secretary Planning Commission Minutes -9- September 9_September 15, 2016