HomeMy WebLinkAbout12/18/2008♦~~I
City of
"Wheat -Midge
PLANNING COMMISSION
Minutes of Meeting
December 18, 2008
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City
Council Chambers of the Municipal Building, 7500 West 29s' Avenue, Wheat
Ridge, Colorado.
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ROLL CALL OF MEMBERS
Commission Members Present:
Anne Brinkman
Jim Chilvers
John Dwyer
Dick Matthews
Davis Reinhart
Jerry Scezney
Kim Stewart
Steve Timms
Staff Members Present:
PLEDGE OF ALLEGIANCE
Ken Johnstone, Community
Development Director
Meredith Reckert, Senior Planner
Jeff Hirt, Planner II
Ann Lazzeri, Recording Secretary
APPROVE THE ORDER OF THE AGENDA
It was moved by Commissioner MATTHEWS and seconded by
Commissioner DWYER to approve the agenda as presented. The motion
passed unanimously.
APPROVAL OF MINUTES - November 20, 2008
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to approve the minutes of November 20, 2008 as
presented. The motion passed 6-0 with Commissioners REINHART and
TIMMS abstaining.
PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
Planning Commission Minutes 1 December 18, 2008
There was no one to address the Commission at this time.
7. PUBLIC HEARING
A. Case Nos. WZ-08-08 (rescheduled from December 4, 2008 due to lack
of quorum): An application filed by Coors Brewing Company to
establish zoning of Agricultural-One (A-1) for land recently annexed into
the City of Wheat Ridge generally located west of Lot 9 of Cabela's/Coors
Subdivision, north of Clear Creek and south of State Highway 58 at
Indiana Street extended.
The case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Commission there was jurisdiction to
hear the case. Staff recommended approval because there would be no
detrimental impact on properties in the area.
Chair BRINKMAN asked if there were members of the public who wished to
address this matter. The applicant was present and indicated his agreement with
the staff report from the audience. No other individuals were present to address
the Commission. The public hearing was closed.
It was moved by Commissioner STEWART and seconded by Commissioner
DAVIS to recommend approval of Case No. WZ-08-08, a request for
approval of A-1 zoning for vacant property recently annexed to the City
located west of Lot 9 of the Cabela's/Coors Subdivision, north of Clear Creek
and south of Highway 58, at Indiana Street extended for the following
reasons:
1. Zoning must be in place within 90 days of annexation.
2. There will be no detrimental impact on properties in the area due to
the A-1 zoning.
The motion passed 8-0.
B. Case No. ZOA-08-09: An ordinance amending Chapter 26, Article VIII
concerning floodplain administrator decision-making authority and
floodplain development standards.
The case was presented by Jeff Hirt. 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 of
the draft ordinance.
Planning Commission Minutes 2 December 18, 2008
Current regulations lack flexibility with regard to fences in the floodplain.
Additionally, the title of city engineer would be removed and replaced with the
current title of director of Public Works and Floodplain Administrator.
There was discussion about breakaway fences. Mr. Hirt stated that his
understanding was the fences would be anchored and then lay flat if hit by debris.
The fences would not add to flood debris. Staff recommended that any fence in
the floodplain must still obtain a Class I exception permit, but it would be at the
Floodplain Administrator's discretion as to whether or not it must be elevated one
foot above base flood elevation or of breakaway design.
Chair BRINKMAN asked if there were members of the public who wished to
address this matter. Hearing no response, she closed the public hearing.
It was moved by Commissioner MATTHEWS and seconded by
Commissioner REINHART to recommend approval of the proposed
ordinance amending Article VIII of Chapter 26 concerning floodplain
administrator decision-making authority and floodplain development
standards. The motion passed 8-0.
C. Case No. ZOA-08-06: An ordinance amending Chapter 26 concerning
zoning district boundary discrepancies and interpretations.
The case was presented by Jeff Hirt. 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 staff report. The ordinance proposes amendments to
how the Code addresses properties with multiple zone district boundaries or zone
district boundary discrepancies. There are numerous properties in the city that
contain multiple zoning district boundaries or have zone district boundary
discrepancies. These situations present substantial challenges to developing or
redeveloping the properties.
In response to a question from Commissioner DWYER concerning the rationale
for removing these decisions from the Board of Adjustment, Mr. Hirt stated that
the administrative option would take less time than going through the Board of
Adjustment process and there would still be adequate oversight. If a neighbor
wants to appeal an administrative decision, the appeal would go before the City
Council.
Commissioner DWYER commented that he is familiar with the problems caused
by split zoning and expressed appreciation to the staff for drafting an ordinance to
better address these situations.
Planning Commission Minutes 3 December 18, 2008
There was discussion about the proposed provision for the Community
Development Director to administratively amend the zoning map if the
adjustment does not extend the zone district boundary more than 50 feet.
Mr. Hirt stated that staff could take a closer look at some of the split zone lots in
the city to see how the 50 foot limit would apply.
There was also discussion about how staff arrived at the 50 foot maximum for an
administrative zone district boundary adjustment. The Commission concluded
that 50 feet was an appropriate number to stay within the limits of a minor
administrative adjustment.
Chair BRINKMAN asked if there were members of the public who wished to
address this matter. Hearing no response, she closed the public hearing
It was moved by Commissioner DWYER and seconded by Commissioner
MATTHEWS to recommend approval of the proposed ordinance amending
Chapter 26 of the Code of Laws concerning zoning district boundary
discrepancies and interpretations. The motion passed 8-0.
D. Case NO. ZOA-08-07 (to be continued to January 15,2009): An
ordinance amending Chapter 26 concerning amendments to development
plans.
It was moved by Commissioner MATTHEWS and seconded by STEWART
to continue Case No. ZOA-08-07, an ordinance amending Chapter 26
concerning amendments to development plans to the January 15, 2009
Planning Commission public hearing. The motion passed 8-0.
E. Case No. ZOA-08-08 (to be continued to January 15,2009): An
ordinance amending Chapter 26 concerning City-initiated rezonings.
It was moved by Commissioner DWYER and seconded by Commissioner
REINHART to continue Case No. ZOA-08-08, an ordinance amending
Chapter 26 concerning City-initiated zone changes to the January 15, 2009
Planning Commission public hearing. The motion passed 8-0.
8. ADJOURNMENT OF REGULAR MEETING
It was moved by Commissioner REINHART and seconded by Commissioner
STEWART to adjourn the regular meeting to study session at 7:58 p.m.
The motion passed 8-0.
Because the next scheduled meeting of the Planning Commission falls on New
Year's Day, the next meeting will be held on January 15, 2009.
Planning Commission Minutes 4 December 18, 2008
9. STUDY SESSION
The study session was convened at 8:03 p.m.
Policy recommendations on several short term zoning code amendments are
requested by staff from the Planning Commission prior to bringing them forward
in ordinance form. These amendments include (1) extended stay lodging; (2)
planned development amendments; (3) city-initiated rezonings; (4) accessory
buildings on commercial property; (5) residential density; and (6) residential zone
district development standards.
Comments from the Commission included:
• Communication should be initiated with the hotel/motel community regarding
proposed changes regarding extended stay lodging. The definition of the land
use should clearly be distinguished from other similar uses.
• Approval in writing for proposed Planned Development amendments should
be required from approximately 25% of the property owners, in addition to the
owner requesting an amendment.
• Agreed with city-initiated rezoning concept as presented including eliminating
size thresholds and allowing this process to any zone district.
• Agreed that more flexibility for accessory buildings is desirable with
limitations and architectural standards. Additionally, the possibility of using
the Planned Building Group process to accomplish this goal was discussed.
• Agreed to move forward with matching city charter density requirements
within the PRD and PMUD zone districts. Architectural standards are very
important when considering residential density.
• Agreed that staff should take a comprehensive approach to modifying
residential development standards, not just setbacks.
10. ADJOURNMENT OF STUDY SESSION
The study session was adjourned at 9:53 p.m.
Anne Brinkman, Chair
Ann Lazzeri, Secretary
Planning Commission Minutes 5 December 18, 2008