Loading...
HomeMy WebLinkAbout08-15-191. 2. 3. 4. ♦�jI - City of ]/qrWh6atl<i0ge PLANNING COMMISSION Minutes of Meeting August 15, 2019 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 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: Melissa Antol Will Kerns Daniel Larson Scott Ohm Richard Peterson Jahi Simbai Commission Members Absent: Janet Leo Vivian Vos Staff Members Present: Lauren Mikulak, Planning Manager Stephanie Stevens, Senior Planner Scott Cutler, Planner II Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES — July 18, 2019 It was moved by Commissioner SIMBAI and seconded by Commissioner KERNS to approve the minutes of July 18, 2019, as written. Motion carried 5-0-1 with Commissioner PETERSON abstaining. Planning Commission Minutes August 15, 2019 -1— 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WSP-19-02: an application filed by Tyler Downs for approval of a Master Sign Plan for property zoned Mixed Use -Commercial (MU -C) located at 7333 and 7391 West 3P Avenue. Mr. Cutler gave a short presentation regarding the Master Sign Plan 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 PETERSON mentioned he did not think a good precedent is being set with having 23 of the 27 signs for this Master Sign Plan being nonconforming. Ms. Mikulak and Mr. Cutler explained the purpose of a Master Sign Plan is to address a unique development pattern, and attention is being called to the signs that don't comply with the Sign Code. Ms. Mikulak said the City's Sign Code works well for one business or building on one lot, but might does not work well for and was not created for the development pattern that is seen at 38'h Avenue and Upham Street. Mr. Cutler added that if this Master Sign Plan is approved then all the signs will be conforming. Commissioner SIMBAI asked if there are more blade signs than what is in the Sign Plan. Mr. Cutler said there are a few more, but the ones that comply with the Sign Code did not need to be a part of the Sign Plan. All signs that comply with the Sign Code are not included; only those signs which don't comply with the Sign Code are shown in the sign plan. Commissioner KERNS mentioned he likes everything about this project and the Sign Plan. Commissioner OHM asked if the dimensions on page 3 should be ignored because they are incorrect. Mr. Cutler said yes it is one of the recommended conditions of approval and the dimensions will be updated before recordation. Planning Commission Minutes -2— August 2— August 15, 2019 Commissioner OHM asked what the allowed square footage is for blade signs and canopy/awning signs. Ms. Mikulak said that for a blade sign the average building height is taken and the square footage is figured from there at a 1 to 1 ratio. Mr. Cutler added that for a canopy/awning sign it is a 1 to 1 ratio which would allow a sign larger than 10 square feet which is the size of the one proposed. Commissioner LARSON asked if there an expiration date for the Master Sign Plan or if changes can be made if a new owner buys the property. Mr. Cutler said that if another owner wanted to change the Sign Plan then an amendment to the plan would have to be made. Ms. Mikulak added that this Plan will be recorded at the County and runs with the land. Commissioner SIMBAI asked about illuminated signs. Tyler Downs, applicant 1801 Broadway, Denver Mr. Downs said his intention is to activate the retail space at night and give wayfinding to prospective customers. Commissioner LARSON asked if there are any plans to have signs be LED TV screens. Mr. Downs said no not on this property or any other he owns. Nobody chose to speak for the citizen's forum. It was moved by Commissioner KERNS and seconded by Commissioner LARSON to APPROVE Case No. WSP-19-02, a request for approval of a master sign plan on properties zoned Mixed Use -Commercial (MU -C) located at 7333 and 7391 West 38' Avenue, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is consistent with the intent of the sign code and is appropriate for the context of the development. With the following conditions: Planning Commission Minutes -3— August 3— August 15, 2019 1. The applicant will obtain building permits prior to installation of the approved signs. 2. The applicant will execute a license agreement with the Department of Public Works for the wayfinding signs to be installed in the public right-of-way. 3. Property and building dimensions shall be updated on Page 3 of the Master Sign Plan with a disclaimer that sign locations are illustrative (not exact locations) and not to scale. 4. Text on Page 9 of the Master Sign Plan shall be added stating signs located in the sight triangle shall be approved by Public Works and, the sign height will be revised to state "up to 60 inches". Motion approved 5-1 with Commissioner PETERSON voting against. B. Case No. WS -19-05: an application filed by Terrance Horton for approval of a two -lot subdivision with variances for lot width and lot size on property zoned Residential -Three (R-3). Ms. Stevens gave a short presentation regarding the Subdivision, variances and the application. She entered into the record the contents of the case file, packet materials, the subdivision regulations, 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. Commissioner ANTOL asked if the subdivision and variances are approved by City Council then there will be one conforming lot and one legally nonconforming lot in regards to lot size. Ms. Stevens confirmed that to be true and both lots will be sellable lots in the future. Commissioner ANTOL asked if there are similar lot sizes in this neighborhood. Ms. Stevens said there are multiple 25 foot lot widths in the neighborhood and the setbacks are accounted for. Commissioner LARSON asked what staff considered to be the special conditions that were referenced in reason #4 of the motion. Ms. Stevens explained the lot is substandard and undersized and because the buildings were built over the lot lines then this created special conditions by a unique hardship. Ms. Mikulak added that the Planning Commission does not see many variance requests because staff says no to most of those requests. Planning Commission is obligated to review a variance case when it is associated with another application Planning Commission Minutes -4— August 4— August 15, 2019 and if there is a true physical hardship. The question staff asks related to variances is why the rules that apply to everyone else shouldn't apply in this case. Commissioner KERNS asked about the property line extending into the alley. Ms. Stevens explained that it is a formal access easement and cannot be built on. Ms. Mikulak added that the alley is a prescriptive easement so there is no physical change. The alley in this block is not dedicated right-of-way. Commissioner PETERSON asked if both lots will be legally nonconforming if the motion is passed. Ms. Stevens said yes due to lot width. Commissioner OHM asked why the new lot line could not follow the existing fence. Ms. Mikulak said the goal of meeting a minimum lot area and giving the carriage house a minimum setback of 5 feet needed to be met, and that is the reason behind the jog in the lot line. Commissioner PETERSON asked if any new non conformities can be added through platting, such as a reduced setback. Ms. Mikulak said we do not encourage this. Commissioner LARSON asked the applicant why he has decided to do the subdivision at this time. Terry Horton, applicant 1295 Cody Street, Lakewood Mr. Horton said he and his wife are retired and owned this property for 20 years and it has been difficult to rent the property in the condition it is in now due to lot lines and fences. He added they plan to sell 2810 and keep 2816 for rental income and it will benefit the neighborhood to have another ownership opportunity. He mentioned that with his process they are giving up the possibility to build a triplex which the neighbors will appreciate. Nobody chose to speak for the citizen's forum. It was moved by Commissioner ANTOL and seconded by Commissioner PETERSON to recommend APPROVAL of a 5.4 -foot variance from the lot width requirement for Lot 1, and a 13.36 -foot variance from lot width and Planning Commission Minutes -5— August 5— August 15, 2019 2,029 square foot variance from the lot size requirement for Lot 2 to allow two single-family lots zoned Residential -Three (R-3), for the following reasons: 1. The application is in compliance with the review criteria. 2. The variance would not alter the essential character of the locality. 3. The proposed configuration is consistent with the Comprehensive Plan and other policy documents supported by the city by protecting the positive attributes of the community's established neighborhoods and promoting home ownership opportunities. 4. Special conditions exist which result in a particular and unique hardship. 5. The proposed lot layout is logical and enables the site to be retained for its historic use. 6. The request would not be detrimental to public safety or welfare. Motion carried 6-0. It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON to recommend APPROVAL of Case No. WS -19-05, a request for approval of a two -lot subdivision plat on property zoned Residential -Three (R-3) and located at 2810 and 2816 Benton Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. Motion carried 6-0. C. Case No. ZOA-19-02: an ordinance amending Chapter 26 of the Code of Laws to add floodplains in the Sloan's Lake watershed to the City's Floodplain maps as a Local Flood Hazard Area. Mr. Westberg gave a short presentation regarding the ordinance and floodplain background. Commissioner SIMBAI asked if this Ordinance is not approved will it be disclosed to potential buyers that they are in a floodplain and how this will be enforced. Mr. Westberg said there would be no disclosure and that he wants people to know they are at risk and in a floodplain and then discussed the three options that were presented to Council that led to the decision to adopt this as a Local Flood Hazard Area. Commissioner SIMBAI also wanted to know of the 62 homes how many are backed by Federal Mortgage because they have to have flood insurance. Planning Commission Minutes -6— August 6— August 15, 2019 Mr. Westberg said they don't have to have flood insurance if it is a Local Flood Hazard Area. Commissioner LARSON asked if the Planning Commission's decision tonight is a recommendation to City Council. Mr. Westberg confirmed yes whether it is a recommendation of denial or approval, City Council makes the final decision on the ordinance. Commissioner OHM mention that Colorado has a lot of expansive soils and if the soil gets dry, how does that affect the insurance. Mr. Westberg said that is not affected by flood insurance, it would then be part of the regular insurance if the foundation of a house cracked. Elizabeth Grant, resident 3881 Estes Street Ms. Grant wondered if anyone could get flood insurance if you are out of the floodplain area. Mr. Westberg said this will be the 1 St Local Flood Hazard Area in the City and if you are out of the flood hazard area you can buy flood insurance. Commissioner OHM closed the citizen's forum. It was moved by Commissioner KERNS and seconded by Commissioner PETERSON to recommend APPROVAL of the proposed ordinance amending Article VIII of Chapter 26 concerning Floodplain Control to adopt the flood hazard areas shown on the Sloan's Lake FHAD as a Local Flood Hazard Area. Motion carried 6-0. D. Case No. ZOA-19-03: an ordinance amending Chapter 26 of the Code of Laws concerning the right of protest procedure for rezoning decisions. Ms. Mikulak gave a short presentation regarding the ordinance. Commissioner PETERSON wanted clarification on why there is no radius included on diagram E. Ms. Mikulak explained that the language for a property across the street is worded differently and was interpreted not to need a radius because it states directly across the street. It could be changed. Planning Commission Minutes -7— August 7— August 15, 2019 Commissioner SIMBAI asked how a protest is verified if it happens during the hearing. Ms. Mikulak said that if a protest is submitted during the hearing, staff reviews it. If the property is irregular in shape or multiple protests are submitted then it can be time consuming and it varies on whether there needs to be a recess or not. Commissioner LARSON wanted to know why the Ordinance for legal protest is needing to be amended. Ms. Mikulak explained that earlier this year there was a property owner that submitted a protest then rescinded it and currently there is no clarification on whether a property owner can do so. Also, it gives clarity as to the geographic requirements of the protest. Commissioner OHM feels that this ordinance could be an issue for the developer because the hearing can be recessed or continued for a long time. Also, he feels that reopening the citizen's forum can further delay the hearing and a prolonged process does a disservice to the developer. He also mentioned he would like to see one graphic instead of six. Ms. Mikulak reminded the Commissioner's that the Planning Division is a neutral party and this ordinance was drafted by the City Attorney on a request by City Council. The purpose is to let the public know this is serious and to attend the hearing and creates more engagement. Commissioner PETERSON mentioned it is not appropriate to say this is an advantage for the developer. Ms. Mikulak explained that this Ordinance will take away the element of surprise, which is beneficial to all parties. Mr. LARSON asked if staff can figure out if a protest is valid quickly if the Mayor calls for a recess. Ms. Mikulak said yes it is possible. Commissioner OHM asked about the process for a legal protest. Ms. Mikulak explained that a protest can come in anytime during the 2 weeks before a public hearing or during the hearing. She added the code amendment doesn't change the right to protest and this ordinance clarifies what we do when we get the protest. The hearing could then be continued if the protest is valid. This ordinance will not affect Planning Commission hearings, but it will affect City Council hearings. Planning Commission Minutes - 8 — August 15, 2019 Megan Schleicher, resident 10035 W 33rd Avenue Ms. Schleicher said that the proposed ordinance can take time away from the citizens which can be very stressful if they need to attend a meeting twice. She also feels that if a legal protest is not valid than the citizen's rights are being taken away. She would like to see the maps in advance. Syrma Quinones, resident 10270 W 33rd Avenue Ms. Quinones feels time is taken away from the citizen's and feels it is a detriment to keep extending the hearings. Ihor Figlus, resident 9775 West 3611 Avenue Mr. Figlus said this is a troubling ordinance and the changes are unnecessary. He feels it would be more appropriate for staff to prepare a list of addresses that could trigger the legal protests before the hearing. He also feels a delay in the hearing creates potential for undue influence on the protestor. Elizabeth Grant, resident 3881 Estes Street Ms. Grant does not feel 100 feet is enough for a legal protest and wants to see the geographic requirement extended. Annette Bryce, resident 10250 W 33rd Avenue Ms. Bryce would like to see the list of residents who live within 100 feet of a property before the public hearing. Dan Bryce, resident 10250 W 3311 Avenue Mr. Bryce does not like the graphics and does not feel the citizen's rights should be narrowed and the distance should be more than 100 feet. Citizen's forum was closed by Commissioner OHM. Commissioner OHM asked how the 100 feet was set for this ordinance and asked Ms. Mikulak to respond to the public comment. Planning Commission Minutes -9— August 9— August 15, 2019 Ms. Mikulak explained it was set by the Charter and the only way the Charter can be changed is by the vote of the people. She added that Planning Commission can include a condition in the recommendation to City Council for the radius in diagram E in the graphics. She then explained this code is coming from the direction of City Council. Ms. Mikulak also mentioned that the County's online maps includes parcel and property ownership information as well as measurement tools. The City has directed people to those resources, but does not produce a list of properties within 100 feet for the public. Commissioner OHM asked if the proposed ordinance is mandating continuances. Ms. Mikulak explained that the request in this ordinance will improve transparency and level the playing field. Staff is empathetic to the citizens that a Public Hearing on a Monday night that runs late or is continued is inconvenient. She mentioned there could soon be an online element for citizens to speak their voice. Commissioners OHM, LARSON, PETERSON and JAHI said they do not plan on supporting this ordinance because it will be less efficient with too many continuances and found some of the public testimony to be compelling regarding inconvenience and potential influencing of a protester. It was moved by Commissioner LARSON and seconded by Commissioner ANTOL to recommend APPROVAL of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the right of protest procedure for rezoning decisions. Motion failed 1-5 with Commissioners KERNS, LARSON, OHM, PETERSON and SIMBAI voting against. 8. OLD BUSINESS 9. NEW BUSINESS Ms. Mikulak said that the next Planning Commission meeting will be held on September 5t"; the meeting on September 10 has been cancelled and training for the Commissioners will be held during the October Yd meeting. She also mentioned that City Hall will be implementing new security measures starting August 19th. Anyone visiting City Hall will be required to check-in at the front desk by showing ID and will then receive a badge to visit different departments in the building. These new security measures are for the safety of staff and the citizens. Ms. Mikulak also mentioned that today is the City of Wheat Ridge's 501h Birthday. Planning Commission Minutes _10— August 10— August 15, 2019 10. ADJOURNMENT It was moved by Commissioner KERNS and seconded by Commissioner PETERSON to adjourn the meeting at 9:56 p.m. Motion carried 6-0. Scott Ohm, Chair Tammy 0", Recording Secretary Planning Commission Minutes— August 15, 2019