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HomeMy WebLinkAbout07/01/1999CITY OF WHEAT RIDGE PLANNING COMMISSION URIGINAL Minutes of Meeting July 1, 1999 CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on July 1, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Nancy Snow Janice Thompson Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Don MacDougall (excused) Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Secretary The following is the official set of Planning Commission minutes for the public hearing of July 1, 1999. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA Commissioner GOKEY moved and Commissioner THOMPSON seconded to approve the order of the agenda. Commissioner SNOW requested an amendment to include two items relating to changes in the city code under New Business. The amendment was accepted by Commissioners GOKEY and THOMPSON. The motion passed by a vote of 6-0 with Commissioner MACDOUGALL absent. 5. APPROVAL OF MINUTES Commissioner SNOW moved and Commissioner DOYLE seconded to approve the minutes of the June 17, 1999 meeting as presented. The motion passed by a vote of 6-0 with Commissioner MACDOUGALL absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. Planning Commission Page 1 July 1, 1999 7. PUBLIC HEARING A. Case Nos. WZ-99-07 and MS-99-02: An application submitted by Leo Davis for approval of a two-lot subdivision and rezoning from Restricted-Commercial to Restricted- Commercial and Residential-Three for property located at 6690 West 38th Avenue for the purpose of developing three multi-family units on the south half. The case was presented by Sean McCartney. slides and overheads of the subject property. record and accepted by Chair BRINKMAN. He reviewed the staff report and presented All pertinent documents were entered into the The Commission was advised that there was jurisdiction to hear the case. Mr. McCartney reviewed the criteria used in the evaluation of zoning changes and stated that staff recommended approval of the application Chair BRINKMAN stated, for the record, that when she drove by the subject location this evening, the property was not posted. In response to a question from Commissioner SNOW, Mr. McCartney explained that the applicant plans to remove a portion of an existing building in order to conform to the city's setback requirements. Commissioner SNOW asked if the same three units would be allowed in R-3A or R-2A zone districts. Mr. McCartney-replied that these units would be allowed in both districts. In response to a question from Commissioner GOKEY regarding the type of swale proposed in the drainage plan, Mr. McCartney replied that the drainage plan is currently in process; and that the development review engineer stated that was an viable plan. Commissioner COLLINS asked where nearest storm drainage inlet was located. Mr. White said there is an storm sewer inlet in the street at the west boundary of the parcel. Commissioner THOMPSON expressed concern about buffering between the commercial and residential uses and asked if a fence was planned to separate the two. Mr. McCartney replied that a six-foot opaque fence would be required according to zone district regulations. Commissioner SNOW asked if there would be a planting strip. Mr. McCartney replied that a six-foot landscape buffer is required. Leo Davis 700 Elm Circle, Golden Mr. Davis was sworn in by Chair BRINKMAN. He stated that he was planning to remove a section of the present building to conform to setback requirements. He also stated that he planned to design his project in a manner which would save a large maple tree presently located on the property. Planning Commission Page 2 July 1, 1999 In response to a question from Commissioner GOKEY, Mr. Davis replied that the proposed subdivision would allow him to sell the triplex in a separate situation from the commercial property in front. Commissioner GOKEY asked about the amount of fill dirt required to provide for adequate drainage. Mr. Davis replied that if the units are designed with crawl spaces, fill dirt would have to be brought in; however, if the units are designed to have basements, there would be adequate fill dirt on-site. He stated that he would prefer to design the units to have basements if soils test, etc. indicate they could be built. In response to a question from Commissioner SNOW, Mr. Davis stated that he would not be opposed to R-2A zoning instead of R-3. William Ianiro 3550 Lewis Street, Wheat Ridge Mr. Ianiro was sworn in by Chair BRINKMAN. He owns the rental units directly south of the proposed development. He expressed concern about the possibility of a thoroughfare through this development from 37th Place to 38th Avenue and asked if a zoning change allow such a thoroughfare at some time in the future. Mr. McCartney stated that there was no thoroughfare planned for this area. Chair BRINKMAN informed Mr. Ianiro that zoning regulations do not address thoroughfares but there are other regulations that address this issue. Commissioner THOMPSON commented that a fence between the commercial and residential uses would prevent a thoroughfare. Mr. Ianiro stated that there is a drainage problem at 37th and Otis and expressed concern about the new development increasing the problem. He stated that there is no storm drain on the south side of the street, but there is one on the north side of West 37th Place. Commissioner DOYLE asked if it would be possible to connect the storm drain shown on the plot plan to take care of Mr. Ianiro's concerns. Mr. White replied that he would bring this to the attention of the public works department for their evaluation. Commissioner COLLINS moved and Commissioner THOMPSON seconded that this hearing be postponed until a completed drainage plan is available. In response to a question from Commissioner THOMPSON, Mr. McCartney stated that a drainage plan is not required for rezoning. However, the planning director has authority to ask for drainage plans for minor subdivision requests. He also reminded the Commission that the minor subdivision portion does not go to City Council Commissioner COLLINS stated that even though a drainage plan is not required, the Planning Commission has requested drainage plans be submitted in cases such as this. Mr. McCartney explained that submittal requirements given to applicants do not require drainage plans. Commissioner COLLINS expressed concern about drainage problems in Wheat Ridge and commented that submittal requirements are only the minimum requirements. Planning Commission Page 3 July 1, 1999 Commissioner SNOW stated that she would prefer that the applicant reapply for R-2A zoning and that the fee for such application be waived. Commissioner GOKEY stated that he would not support the motion because it addresses both cases and a drainage study is not pertinent to the rezoning matter. In response to a question from Commissioner THOMPSON, Mr. White explained that it would be necessary to go through the republishing and reposting process if the applicant agrees to ask for R-2A zoning. Commissioner THOMPSON expressed concern about penalizing the applicant when city requirements do not ask for a drainage plan. The motion failed by a vote of 1 to 5 with Commissioners BRINKMAN, DOYLE, GOKEY, SNOW and THOMPSON voting no. Commissioner GOKEY wanted assurance that new construction on this particular piece of property will not create problems for adjacent structures in the neighborhood in regard to drainage. Commissioner THOMPSON expressed concern that the applicant could subdivide the property, sell the property to a new owner, and the new owner could build higher density units under R-3 zoning. Mr. White suggested that it might be appropriate to place a condition on the zoning regarding allowable density. Commissioner COLLINS moved and Commissioner GOKEY seconded that Case No. WZ- 99-07, a request for approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, for a property located at 6690 West 38th Avenue, be recommended to the City Council for approval for the following reasons: Approval of the request would allow for an additional buffer from the commercial uses along West 38th Avenue for the residences along West 37th Place. 2. Construction of a residential structure would be more consistent with the existing land uses on West 37th Place. Commissioner THOMPSON requested an amendment which would add a condition of zoning that no more than three units can be constructed. The amendment was accepted by Commissioners COLLINS and GOKEY. Chair BRINKMAN stated, for clarification, that the rezoning and the subdivision are two entirely separate matters and that the rezoning should not be tied to a potential subdivision submission. Mr. White suggested that, if the Planning Commission was ready to approve both matters tonight, a condition should be placed on the minor subdivision approval that it was Planning Commission July 1, 1999 contingent upon approval of zoning. He explained that if the subdivision were simply approved before the rezoning, it would result in the creation of two R-C lots. Commissioner SNOW stated she would vote against the motion because she believed R-2A zoning would provide better transition to residential areas. She commented that R-3 is often used as a precedent to rezone surrounding areas or to combine with adjacent properties to allow higher density. The motion passed by a vote of 4 to 2 with Commissioners THOMPSON and SNOW voting no and Commissioner MACDOUGALL absent. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that Case No. MS-99-02, a request for approval of a two-lot minor subdivision for a property located at 6690 West 38th Avenue, be continued until a drainage plan is completed and reviewed by the Planning Commission and the zoning has been decided by City Council. Chair BRINKMAN stated that she did not believe the applicant should be penalized because he followed the minimum requirements. She stated that a request should be made to change the laws if it is felt that drainage plans are necessary for minor subdivisions. Commissioner SNOW stated that it is very common for a matter to be continued when neighbors express concern about a drainage problem. Commissioner THOMPSON asked if there are drainage problems on 38th Avenue in this area. Mr. McCartney replied that there are none to his knowledge. He further stated that he has discussed potential drainage problems associated with the proposed development with Greg Knudson, development review engineer, on several occasions. Mr. Knudson advised Mr. McCartney that the drainage plan could be approved with minor changes. Mr. White commented that the drainage plan looks directly at the proposed site, not the surrounding areas. Commissioner SNOW felt that it would be logical to continue this matter because, if the zoning is not approved, two commercial lots would then exist and someone could build a commercial building with its only access being from 37th. Commissioner THOMPSON said she would vote against the motion because she does not want to penalize the applicant because of shortcomings in the laws. Commissioner GOKEY commented that he doesn't feel comfortable voting on subdivision of a property that hasn't been rezoned yet. Leo Davis stated that he does not want his land to be divided into two RC lots. As it stands now, he could build commercial buildings with upstairs apartments on his back lot. He also stated that he was informed by his engineer as well as the city's engineer that the drainage plan could be approved. Planning Commission Page 5 July 1, 1999 The motion carried by a vote of 4 to 2 with Commissioners DOYLE and THOMPSON voting no and Commissioner MACDOUGALL absent. Chair BRINKMAN advised the applicant that his request for rezoning will go to City Council before Planning Commission will decide on the subdivision. There was discussion regarding timing of the hearings. Mr. White stated it would be possible to have first reading of the ordinance at the last July meeting of City Council with second reading on August 23. Planning Commission could then consider the subdivision matter on September 2. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS A. Proposed Code Amendments - Commissioner SNOW referred to Section 26-30 (N) of the code regarding access to public streets and interpretations that have indicated residences may not share driveways. She proposed the following changes for matter of clarification: 26-30(N) Access to Public Streets: No building permit or certificate of occupancy shall be issued for any structure which does not have access to a public street as provided below: 1. When the lot upon which a structure is built or to be built is adjacent to a full width public street, vehicular access to the street shall be provided according to the requirements of Section 26-31(C)(6). 2. No building pefmit or eertifieate of aeettpaney shall be issued or approved for any stmeture When the lot upon which the structure is built or to be built is not adjacent to a full width public street as required in the subdivision regulations of the City of wheat Ridge or, in a situation where such requirement cannot be met,-er t easement(s) or private roadway(s) of record having a minimum width of twenty-five (25) feet shall be provided. Commissioner SNOW moved and Commissioner THOMPSON seconded that staff make any changes they feel are necessary to the above wording in order to clarify the meaning of paragraph 26-30(N). The motion passed by a vote of 6-0 with Commissioner MACDOUGALL absent. B. Counting Land Twice - Commissioner SNOW referred to the case heard this evening. She stated that the ordinance is being read to mean that although the front half already contains a _ Planning Commission July 1, 1999 building and parking, the applicant can count that land again and build housing units. She felt that the language contained in the Planned Residential Development requirements (page 1747, Section 26-25) should pertain to all commercial districts. The language is as follows: "Land use for commercial uses shall be calculated separately and may not be included in the land area used to calculate the maximum sixteen residential units per acre. " Commissioner SNOW moved and Commissioner THOMPSON seconded that language similar to that contained in Section 26-25 of the PRD ordinance be brought as an amendment to all the commercial districts to cover a situation where a piece of property is part commercial and part residential. The motion passed by a vote of 5 to 1, with Commissioner DOYLE voting no and Commissioner MACDOUGALL absent. C. Drainage Plans - Commissioner THOMPSON asked Alan White's opinion about requiring drainage plans for minor subdivisions. Mr. White stated that he felt it should be standard procedure and stated that he plans to issue a directive to the staff which will require drainage plans on all major and minor subdivision plat applications until all of the subdivision regulations are updated. He will further direct that hearings are not to be scheduled until drainage plans are approved. Commissioner SNOW moved and Commissioner THOMPSON seconded that the meeting convene to a study session at 9:05 p.m. The motion carried by a vote of 6 to 0 with Commissioner MACDOUGALL absent. 11. STUDY SESSION A few changes to the Land Use Chapter were discussed, as well as the Implementation Chapter. The Commission completed its review and scheduled a public hearing for August 12, 1999. 12. ADJOURNMENT The meeting was adjourned at 10:20 p.m. to August 5, 1999, on motion of Commissioner GOKEY, seconded by Commissioner SNOW and unanimously carried with Commissioner MACDOUGALL absent. ANNE BRINKMAN, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 7 July 1, 1999