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HomeMy WebLinkAbout07-19-181. FA K 4. 5. 6. `11� - City Of I Wheatl�idge PLANNING COMMISSION Minutes of Meeting July 19, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam Emery Dorsey Daniel Larson Janet Leo Scott Ohm Amanda Weaver Richard Peterson Vivian Vos Kenneth Johnstone, Community Development Director Zack Wallace Mendez, Planner II Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 6-0. APPROVAL OF MINUTES — June 211) 2018 It was moved by Commissioner LEO and seconded by Commissioner LARSON to approve the minutes of June 21, 2018, as written. Motion carried 4-0-2 with Commissioners OHM and WEAVER abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes July 19, 2018 -I— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS -17-03: an application filed by Slavomir Golabek for approval of an 11 -lot subdivision for townhomes for property located at 10590 West 44th Avenue, Mr. Johnstone explained that this project has been in the review stage for a while due to some engineering challenges and there are still some technical issues that need to be resolved before it can be presented to the Planning Commission. The applicant understands the process and has another submittal for staff to review with hopes of a public hearing target date of September 20, 2018. It was moved by Commissioner WEAVER and seconded by Commissioner OHM a request for approval of an 11 -lot townhome plat on property zoned Mixed Use -Neighborhood and located at 10590 W. 44' Avenue and to continue the public hearing to September 20, 2018. Motion carried 6-0. B. Case No. WV -18-01: an application filed by Roush Industries, Inc. for vacation of right-of-way formerly used for Miller Street adjacent to 5185 Miller Street. Mr. Wallace Mendez gave a short presentation regarding the vacation of right-of- way and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BUCKNAM asked when City Council will hear this case. He was asking to make sure the easement document will be ready. Mr. Wallace Mendez responded August 13. (The date given was partially correct, City Council will hear this case on August 13 for the first reading and September 10 for the public hearing.) Brian Hemphill, North American Real Estate for Coors/Miller 1801 California Street, Ste. 4600, Denver Mr. Hemphill was curious to know if the access easement his clients have at 10619 W. 50th Avenue will be affected by the vacation. Discussion about the location of the access easement continued and Mr. Johnstone said staff will look into this new information. He added that a general condition could be added to the motion directing staff to make sure the existing access Planning Commission Minutes -2— July 2— July 19, 2018 easement will be maintained. This will give staff sufficient time to look at the ordinance. It was moved by Commissioner OHM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WV -18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons: 1. The Public Works Department does not foresee any future roadway needs for this right-of-way. 2. The vacation will not leave adjacent property without access to a public street. 3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way. With the following condition: 1. The executed easement document between the property owner and Valley Water shall be provided to City Staff prior to the City Council public hearing. 2. Staff will work with applicant on existing access easements. Motion carries 6-0. C. Case No. ZOA-18-04: an ordinance creating a new Section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities. Mr. Johnstone gave a brief summary and background regarding the ordinance amendment. Commissioner OHM asked about the charts on page 2 and 3 of the ordinance. He wondered why the Commercial chart is blank and the Mixed -Use chart has NP for not permitted. Mr. Johnstone said it is a different table approach between the City's straight districts and the Mixed -Use districts. He explained it will be clearer when the Freestanding emergency room facilities category is embedded in the charts. In the Commercial and Industrial Districts charts, a P or S will appear if the use is permitted and left blank if not permitted. In the Mixed -Use chart a P will appear if the use is permitted and a NP if not permitted. Planning Commission Minutes -3— July 3— July 19, 2018 Commissioners LARSON and LEO asked what the difference between a freestanding emergency room (FER), and an urgent care facility is and how the difference will be determined. Mr. Johnstone mentioned there are not many good definitions for urgent care facilities, but has faith that staff will be able to decipher between a FER and an urgent care facility if one wants to open in the City of Wheat Ridge. He added a business of this type would have to go through an entitlement process, starting with a pre -application meeting where staff would look at the operational plan and the site plan. There would be a lot of disclosure at that time. Mr. Johnstone did not think the FER industry would try to sneak in if there is an ordinance prohibiting FERs. Commissioner LARSON then asked if the moratorium has an expiration on it. Mr. Johnstone explained that the moratorium had been extended two times and it now expires on August 26 and this case will be heard by City Council at a public hearing on August 13 and it is drafted to take effect immediately. Commissioner LEO asked how adjacent cities are handling FERs. Mr. Johnstone said Arvada might have a few FERs and is not sure about Lakewood, but added both cities are looking into having stricter regulations and possibly adopting ordinances to not allow them in certain areas. Commissioner WEAVER said she appreciates this ordinance and it is good to proceed with caution. Commissioner BUCKNAM wondered if the ordinance should specify a FER as either hospital owned or privately owned because of the socio-economic impact. Mr. Johnstone asked if the ones associated with hospital are a better model. Commissioner BUCKANM said they have to be regulated as the hospital is and accept Medicaid and the privately owned FERs makes their own rules. It was moved by Commissioner LEO and seconded by Commissioner WEAVER to recommend approval of Case No. ZOA-18-04, an ordinance creating a new section, 26-643, of the Wheat Ridge Code of Laws, prohibiting the use of Freestanding Emergency Room Facilities. Motion carried 6-0. Planning Commission Minutes -4— July 4— July 19, 2018 8. 9. OLD BUSINESS A. Mr. Johnstone gave a brief update on the status of the Neighborhood Revitalization Strategy (NRS) and mentioned City Council has decided to appoint all 26 applicants. He added Planning Commissioners will be involved in the joint study session. B. Commissioner OHM asked about the CMRS cell phone towers and wondered if the City is having any of the problems that Denver is having. Mr. Johnstone thinks that our ordinance is working well and the first application the city has received for a small cell facility is being positioned on a light pole near a bus stop which is mutually beneficial. C. Commissioner OHM wanted an update on the widening of Wadsworth. Mr. Johnstone said it has been a lengthy environmental process and has finally passed the historical designation hurdles and a draft should be complete by the end of the 3rd Quarter. NEW BUSINESS A. Mr. Johnstone announced that Lucky's will be opening on August 8 and the Subdivision Improvement Agreement was recorded for Clear Creek Crossing on July 18. B. The next possible meeting will be on August 16. 10. ADJOURNMENT It was moved by Commissioner OHM and seconded by Commissioner DORSEY to adjourn the meeting at 7:54 p.m. Motion carried 6-0. Alan Bucknam, Chair Planning Commission Minutes July 19, 2018 - U Tammy Oduin, Recording Secretary -5—