HomeMy WebLinkAbout02/19/2009♦~~I
City of
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PLANNING COMMISSION
Minutes of Meeting
.February 19, 2009
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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 29th Avenue, Wheat
Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Anne Brinkman
Jim Chilvers
John Dwyer
Dick Matthews
Jerry Scezney
Kim Stewart
Steve Timms
Commission Members Excused:
Staff Members Present:
PLEDGE OF ALLEGIANCE
Davis Reinhart
Ken Johnstone, Community
Development Director
Meredith Reckert, Senior Planner
Ann Lazzeri, Recording Secretary
APPROVE THE ORDER OF THE AGENDA
It was moved by Commissioner MATTHEWS and seconded by
Commissioner DWYER to approve the order of the agenda. The motion
passed 7-0.
APPROVAL OF MINUTES - February 5, 2009
It was moved by Commissioner DWYER and seconded by Commissioner
STEWART to approve the minutes of February 5, 2009 as presented. The
motion passed 5-0 with Commissioners BRINKMAN and SCEZNEY
abstaining and Commissioner REINHART absent.
PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
Planning Commission Minutes 1 February 19, 2009
There was no one to address the Commission.
7. PUBLIC HEARING
A. Case No. WZ-08-09 (continued from February 5, 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 east of 14802 West 44th Avenue.
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. Prior to her presentation, she distributed copies of notes from the
neighborhood meeting regarding this application. She reviewed the staff report
and digital presentation. In order to comply with State statutes regarding
annexation, the property must be zoned within 90 days. As this property is to be
used only for infrastructure improvements, zoning of the property as A-1 is
appropriate. For those reasons, staff recommended approval of the application.
Commissioner CHILVERS commented that Asphalt Paving is using the area for
parking trucks which is not an allowed use in A-I zoning. Tim Paranto explained
that when the property is conveyed to the city, the city could prohibit the use of
the property for parking.
Chair BRINKMAN asked to hear from members of the audience.
The applicant spoke from the audience and indicated that he had nothing to add to
the staff presentation.
Bill Jones
14352 West 44th Avenue
Mr. Jones owns a commercial building that will soon be surrounded by annexed
land. He expressed concern that the City would annex his property in the future
and stated that he was opposed to such annexation.
In response to a question from Chair BRINKMAN as to whether or not public
services to those properties surrounded by annexation would be affected, Mr.
Paranto stated that none of those services would be affected and, in fact, snow
removal services should be improved.
Flora Andrus
4790 Easley Road
Ms. Andrus serves as Chairman of Prospect Recreation and Park District and is a
member of the Board of Fairmont Improvement Association. She stated that
those people living in the enclave to be surrounded by the annexed property are
adamantly opposed to being annexed to the City of Wheat Ridge. She stated that
about a year after the City installs landscaping on the north side of 44th Avenue,
Planning Commission Minutes 2 February 19, 2009
Prospect Recreation has agreed in an intergovernmental agreement to perform
maintenance of the landscaping. There are about one hundred homeowners in the
enclave north of 44th Avenue who are very concerned about the impact on their
properties. She expressed appreciation for the cooperation received from the City
of Wheat Ridge and Cabela's in working together with Fairmont to address the
community's concerns.
Chair BRINKMAN asked if there were others who wished to address the
Commission. Hearing no response, she closed the public hearing.
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to recommend approval of Case No. WZ-08-09, a
request for approval of A-1 zoning for property being considered for
annexation to the City located east of 14802 West 44th Avenue, including the
rigbts-of-way for State Highway 58, the proposed interchange for Highway
58 and Cabela Drive, Cabela Drive between the new interchange and West
44th Avenue and right-of-way for West 44th Avenue from west of Holman
Street extending approximately 4500 feet to the east for the following
reasons:
1. Zoning must be in place within 90 days of annexation.
2. A-1 zoning is appropriate for infrastructure.
The motion passed 7-0.
B. Case No. ZOA-08-04: An ordinance amending Chapter 26 to require
proof of adequate water supply for certain new developments.
This case was presented by Ken Johnstone. He reviewed the staff report. The
proposed zoning code amendment responds to legislation enacted by the Colorado
Legislature and approved by the Governor in 2008. Colorado House Bill HB 08-
114 requires that through the development review and approval process, local
municipalities make a determination that certain new developments will have an
adequate water supply.
Commissioner DWYER asked if the ordinance would prohibit well water from
being used as water supply for a new development. Ken Johnstone explained that
use of well water is already prohibited as a water supply for new development.
Commissioner DWYER asked what the rationale was to prevent formation of new
water districts. Mr. Johnstone explained that this was, in part, an attempt to
eliminate the confusion from having so many existing water districts within the
city.
In response to a question from Chair BRINKMAN, Mr. Johnstone explained that
this would not impact water districts who wish to merge.
Planning Commission Minutes 3 February 19, 2009
It was moved by Commissioner TIMMS and seconded by Commissioner
STEWART to recommend approval of the proposed ordinance amending
Chapter 26 of the Code of Laws to require that certain development
applications provide proof of adequate water supply. The motion passed 7-
0.
8. OTHER ITEMS
A. A joint study session with the Board of Adjustment and Planning
Commission is scheduled for March 5, 2009 in the City Council Chambers
to discuss development standards for residential zones.
B. The Wheat Ridge Urban Renewal Authority has invited the Planning
Commission and City Council to attend its meeting on March 3 at 6:00
p.m. The consultant who is working on future urban renewal plans for the
City will be giving a presentation on the preliminary findings of a
conditions survey.
9. ADJOURNMENT
It was moved by Commissioner DWYER and seconded by Commissioner
TIMMS to adjourn the meeting at 7:40 p.m. The motion passed 7-0.
A,c A~
Anne Brinkman, Chair
Planning Commission Minutes
Ann Lazzeri, Se re
February 19, 2009