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HomeMy WebLinkAbout02/19/2009♦~~I City of ]~PrWheat1idge PLANNING COMMISSION Minutes of Meeting .February 19, 2009 1. 2. 3. 4. 5. 6. 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