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HomeMy WebLinkAbout04/02/2009 City of ~Wheatlidge PLANNING COMMISSION Minutes of Meeting April 2, 2009 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 29th Avenue, Wheat Ridge, Colorado. 2. 3. 4. 5. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers John Dwyer Henry Hollender Dick Matthews Davis Reinhart Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Marc Dietrick Meredith Reckert, Senior Planner Adam Tietz, Planner Tim Paranto, Public Works Director Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA Meredith Reckert requested an addition to the agenda under "Other Items" for distribution of the City Council/Planning Commission study session agenda. It was moved by Commissioner DWYER and seconded by Commissioner MATTHEWS to approve the order of the agenda with the addition requested by Ms. Reckert. The motion carried 7-0. APPROVAL OF MINUTES - March 19, 2009 It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART to approve the minutes of March 19, 2009 as presented. The motion carried 5-0 with Commissioners BRINKMAN and DWYER abstaining. Planning Commission Minutes 1 April 2, 2009 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. 7. PUBLIC HEARING A. Case No. MS-09-01: An application filed by George and Allen Williams for approval of a 2-lot minor subdivision plat for property zoned Agricultural-One and located at 4593 Parfet Street. The case was presented by Adam Tietz. He stated that all notification and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff gave a recommendation of approval for reasons, and with one condition, as outlined in the staff report. Mr. Tietz informed the Commission that one of the applicants had recently passed away and distributed an alternate motion with one added condition. In response to a question from Commissioner REINHART, Tim Paranto stated that Parfet Street is classified as a minor collector street with 50 feet of right-of- way in this location. Commissioner REINHART stated that he had been led to believe that the standard for construction of public improvements was not discretionary and required a variance to waive construction of public improvements on the site. Mr. Paranto explained that public improvements are required if they are expected to be constructed and in this location there is presently no curb and gutter. Additionally, grade issues would prohibit spot construction of curb and gutter at the subject property and a variance would not be required. Commissioner REINHART commented that legal access to lot 2 is from 46`h Avenue. Mr. Paranto explained that these situations are case specific and, in this case, there is only one lot that extends beyond an existing street intersection. Further, it is of record that this access will probably never be used in that the property will be included in the city's public works facility property and access will be through 45th Avenue. Mr. Tietz explained that a cross access easement currently extends across lot 2 which would grant public works access to the lot without having access from 46`h. Commissioner REINHART agreed with staff s conclusions, but expressed concern that there is no uniform standard to determine which streets require public improvements. This can give the appearance that standards differ from one person to another. He suggested that staff develop a standard to determine where it is appropriate to require public improvements and where it is not. Planning Commission Minutes 2 April 2, 2009 Commissioner CHILVERS asked if there would be a fence between the subdivision and the city's property. Mr. Tietz explained that once the subdivision is complete, the city would purchase lot 2 and a fence would be constructed. The property would remain vacant until funds are available to expand the public works facilities. Mr. Paranto showed a copy of the master plan for the facilities to the Commission. In response to a question from Commissioner BRINKMAN, Mr. Paranto stated that the city will not acquire any of the ditch rights on the property. The ditch will be piped in the southern portion of the property. Commissioner DWYER stated that he would like to see provisions for access to lot 2 in the event the city would ever sell the property. Mr. Tietz explained that the city owns a one-foot strip of land at the end of the road that would give access to the site if necessary. It will be gated off and used for emergency access. Commissioner REINHART expressed concern that, without access, there is no legal subdivision and suggested that the city dedicate the one-foot strip for right- of-way. Commissioner DWYER commented that if the strip is not dedicated, it would prevent the lot from being sold in the future. He also expressed concern that there could be the perception that the city is getting preferential treatment. Mr. Paranto suggested that a condition be placed that the city would dedicate the strip if the property is ever sold. Commissioner TIMMS commented that the access issue would be resolved if the city consolidated lot 2 with the property on the south into one lot. Mr. Tietz stated that there are plans to do such a consolidation. Commissioner REINHART was opposed to a situation where it is promised that the access would be fixed in the future. Mr. Paranto commented that, due to lengthy probate procedures, there would be plenty of time to dedicate the strip before the plat is recorded. Chair BRINKMAN asked to hear from the applicant. Al Williams 5192 Braun Mr. Williams stated that the city has a one-year option to purchase the first half of the property. Planning Commission Minutes 3 April 2, 2009 There were no questions for the applicant. 8. Chair BRINKMAN asked if there were any individuals who wished to address this matter. There was no response. The public hearing was closed. It was moved by Commissioner DWYER and seconded by Commissioner REINHART to approve Case. No. MS-09-01, a request for approval of a two- lot minor subdivision plat for property at 4593 Parfet Street for the following reasons: 1. All development standards of the A-1 zone district have been met. 2. All requirements of the Subdivision Regulations have been met. 3. All required utility easements have been provided. With the following conditions: 1. The plat shall be signed by the appropriate owners following probate of George Williams' estate. 2. The plat shall not be recorded until the one-foot strip connecting 46`h Avenue to the property be dedicated to the city for right-of-way. OHERITEMS A. Election of officers Commissioner REINHART was elected to serve as Chair of the Planning Commission. Commissioner MATTHEWS was elected to serve as Vice Chair of the Planning Commission. B. Agenda for Planning Commission/City Council Meeting Meredith Reckert distributed copies of the agenda packet for the joint Planning Commission-City Council meeting to be held April 6, 2009. 9. ADJOURNMENT It was moved by Commissioner BRINKMAN and seconded by Commissioner DWYER to adjourn the meeting at 7:46 p.m. The motion carried 7-0. Anne Brinkman, Chair Chu zeJ ' c 6G£~ Ann Lazzeri, Secreta Planning Commission Minutes 4 April 2, 2009