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HomeMy WebLinkAbout02/05/2009City of WheatRiidge PLANNING COMMISSION Minutes of Meeting February 5, 2009 1. 2. 3. 4. 5. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair MATTHEWS at 7:00 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: Jim Chilvers John Dwyer Dick Matthews Davis Reinhart Kim Stewart Steve Timms Commission Members Excused: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Jerry Scezney Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner REINHART and seconded by Commissioner DWYER to amend the agenda to move item B to item A under Public Hearing. The motion passed 6-0. APPROVAL OF MINUTES - January 15, 2009 It was moved by Commissioner REINHART and seconded by Commissioner DWYER to approve the minutes of January 15, 2009 as presented. The motion passed 6-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes 1 February 5, 2009 There was no one to address the Commission at this time. 7. PUBLIC HEARING A. Case No. WZ-08-09 (to be continued to February 19.2009: An application filed by Longs Peak Metropolitan District to establish zoning of Agricultural-One for land being annexed into the City of Wheat Ridge (Case No. ANX-08-03) generally located west of 14802 West 440 Avenue. Staff recommended continuance of this case in order to schedule a neighborhood meeting before the hearing. It was moved by Commissioner REINHART and seconded by Commissioner STEWART to continue Case No. WZ-08-09 to the Planning Commission meeting of February 19, 2009. The motion passed 6-0. B. Case No. WZ-08-07: A request for approval of a zone change from Commercial-One and Residential-Two to Planned Commercial Development and approval of an Outline Development Plan for property located at 10403 West 44 h Avenue. The case was presented by Meredith Reckert. She was representing Jeff Hirt, the case planner for this application. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons, and with conditions, as outlined in the staff report. Vice Chair MATTHEWS asked to hear from the applicants. Cory and Sabine Burris Mr. Burris stated that he had nothing to add to the staff report but would entertain questions. In response to a question from Commissioner TIMMS, Mr. Burris stated that the dumpster would be enclosed and the front landscaping would be irrigated. Vice Chair MATTHEWS asked if there were members of the audience who wished to comment on the case. Hearing no response, he closed the public hearing. Commissioner CHILVERS stated he liked the development because it is similar to the new duplexes surrounding the property and looks better than the commercial property to the east. It was moved by Commissioner TIMMS and seconded by Commissioner REINHART to recommend approval of Case No. WZ-08-07, a request for Planning Commission Minutes 2 February 5, 2009 approval of a rezoning from Residential Two and Commercial One to Planned Commercial Development, and an Outline Development Plan for property located at 10403 West 44th Avenue, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Fruitdale Subarea Plan. 2. The proposed zone change is compatible with the surrounding area as a low impact non-residential use. 3. The proposed zone change will not adversely impact the public health, safety or welfare. With the following conditions: 1. Under the allowed uses on page 1 of the Outline Development Plan, insert the uses "single and two-family dwellings" and "single and two- family dwellings as ancillary to an allowed non residential use" as allowable uses and eliminate the phrase "all uses allowed in accordance with Section 26-204 for the Residential Two zone district." 2. The applicant must receive a certificate of occupancy for a commercial use to operate the business, which may include application for an additional building permit and interior modifications. 3. The applicant must receive a business license to operate the business. 4. The ODP shall comply with Section 26-614 for trash enclosure and screening for commercial properties. Motion passed 6-0. C. Case No. ZOA-09-01: An ordinance amending Article III of Chapter 26 concerning residential density in planned development districts. This case was presented by Ken Johnstone. He reviewed the staff report and digital presentation. The ordinance proposes amendments to regulations for maximum residential density in planned developments, specifically the Planned Residential Development (PRD) and Planned Mixed Use Development (PMUD) districts. Related revisions to the Planned Hospital Development district (PHD) are proposed. Vice Chair MATTHEWS asked to hear from members of the public. Thomas Slattery 6869 West 32"d Avenue Mr. Slattery stated that he had no problem with 21 units per acre. He did have a problem with using total land area for density calculation because he believes it violates the intent of the charter. Planning Commission Minutes 3 February 5, 2009 Nancy Snow 11155 West 40th Avenue Ms. Snow encouraged the Commission to think independently and consider neighbors' wishes. She did not believe the majority of people attending public meetings were in favor of increasing density. She did not believe higher densities were necessary when Wheat Ridge has one of the highest ratios of rentals in the metro area. She expressed opposition to high density living arrangements that lead to tension caused by people living in such close proximity to one another. She stated that the charter's intent is that you don't use the same land twice by using it for commercial and residential. Janet Bell 10095 W. 44m Avenue Ms. Bell expressed concern about numbers that say there should be more commercial than residential space. For example, if a building is built for mixed use, does the first floor commercial have to have more of a footprint than the residential units on the second floor; would it be a commercial or residential building; how high could a mixed use building be, 35 or 55 feet? She stated that architectural design and buffering are more important than increased density. She suggested that the ordinance is too specific and there is a need for flexibility to be able to set parameters for specific sites. Mr. Johnstone stated that it is not proposed to change the 35-foot height limit in a mixed use district as set forth in the charter. In response to Ms. Bell's concerns, Mr. Johnstone stated that the ordinance is attempting to simplify calculations and allow for increased density in mixed use projects. It is also an attempt to keep from penalizing someone who wants to do a mixed use development. Commissioner STEWART suggested that there should be a requirement for play areas and park space. She expressed concern that children who live in these developments should have places to play. Mr. Johnstone commented that there are requirements for developers to provide parkland dedication or fees in lieu of dedication as well as on-site landscaped areas. Commissioner REINHART expressed concern about the math calculations for mixed use development. He expressed concern that the charter could be skirted by pretending that commercial is not a part of the total build-out on a site. It was moved by Commissioner REINHART and seconded by Commissioner DWYER to recommend approval of the proposed ordinance amending Article III of Chapter 26 concerning residential density in planned development districts excepting the changes proposed relating to the computation of density in Planned Mixed Use Development. The motion passed 6-0. Planning Commission Minutes 4 February 5, 2009 8. 9. OTHERITEMS A. Amended Resolution designating a public place for posting of notices of public meetings. Ken Johnstone presented this matter. Resolution 01-2009 identifies the lobby of the Municipal Building as the designated place for posting of meeting notices. The original resolution identified the location as the bulletin board in the lobby. Notices will still be placed in the lobby but a designated place in the lobby is not designated. It was moved by Commissioner TIMMS and seconded by Commissioner DWYER to approve Resolution 01, Series of 2009, establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. The motion passed 6-0. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner REINHART to adjourn the meeting at 8:05 p.m. The motion passed 6-0. ick Matthews, Vice Chair Ann Lazzeri, Secret r Planning Commission Minutes 5 February 5, 2009