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HomeMy WebLinkAbout08/06/2009♦~~4' City of W heatRidge /PLANNING COMMISSION Minutes of Meeting August 6, 2009 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair REINHART 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 Marc Dietrick John Dwyer Henry Hollender Dick Matthews Davis Reinhart Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Jim Chilvers Steve Timms Sally Payne, Senior Planner Adam Tietz, Planner I Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner DWYER and seconded by Commissioner HOLLENDER to approve the order of the agenda. The motion passed unanimously. APPROVAL OF MINUTES - June 18, 2009 It was moved by Commissioner MATTHEWS and seconded by Commissioner DWYER to approve the minutes of June 18, 2009 as presented. The motion passed unanimously. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes 1 August 6, 2009 There was no one present to address the Commission. PUBLIC HEARING A. Case No. ZOA-09-04: An ordinance amending Chapter 26 pertaining to residential dumpsters. This case was presented by Adam Tietz. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. The proposed ordinance relates to size, screening and storage locations of dumpsters for single and two-family dwelling units. The ordinance represents the general consensus reached by City Council during two different study sessions. Commissioner BRINKMAN suggested that these changes to the code be published in the Wheat Ridge Connections. There were no members of the public present. Chair REINHART closed the public hearing. It was moved by Commissioner HOLLENDER and seconded by Commissioner BRINKMAN to recommend approval of an ordinance amending Section 26-614 of the Wheat Ridge Code of Laws concerning residential trash dumpster regulations (Case No. ZOA-09-04.) The motion carried 6-0 with Commissioners CHILVERS and TIMMS absent. 8. NEW BUSINESS A. Resolution 02-2009, finding a proposed redevelopment plan for the Interstate 70 Corridor between 32"d Avenue and Kipling Street and the Kipling Corridor between Interstate 70 and 20' Avenue is in conformance with the Wheat Ridge Comprehensive Plan. This item was presented by Sally Payne. She reviewed the processes which led to development of the I-70/Kipling Corridors Urban Renewal Plan. She presented an overview of the Plan which was prepared by Leland Consulting Group. Staff reviewed the Plan and believes it to be in conformance with the 2000 City of Wheat Ridge Comprehensive Plan. The Plan review also considered conformance with the Envision Wheat Ridge Comprehensive Plan Update project that is nearing completion to ensure consistency of the document. Planning Commission is charged with making a determination of the Urban Renewal Plan's conformance with the Comprehensive Plan. Commissioner BRINKMAN noted that there were inconsistencies in the report. Page 19 lists a blight factor not listed on page 13. Page 13 also states that ........defective or unusual conditions of title rendering the title non-marketable, Planning Commission Minutes 2 August 6, 2009 was not investigated." Later in the document, it mentions that City Council had seen conditions of title. Commissioner MATTHEWS asked if residences were included in the Plan area Ms. Payne stated that there are two apartment complexes in the area. In response to another question from Commissioner MATTHEWS, Ms. Payne stated that a decision was made to leave the urban renewal plan that includes the truck stop on 44th Avenue as a separate plan and not incorporate it into the subject plan. Commissioner DWYER asked for clarification about the thirty-day time period for Planning Commission to make a determination. Ms. Payne explained that state statute states that the Planning Commission must respond within thirty days. In response to a question from Commissioner DWYER, Ms. Payne explained that the Northwest Subarea Plan and Neighborhood Revitalization Strategy were adopted as part of the Comprehensive Plan. Commissioner REINHART asked if staff was aware of any instances where property values have been affected in a negative way by being located in a blighted area. Ms. Payne explained that property owners were involved in the development process and were generally in support of the plan. Commissioner MATTHEWS commented that property values are actually increased by being included in an urban renewal area. There are benefits that are only available to property owners in an urban renewal area. Commissioner HOLLENDER expressed concern about several issues associated with urban renewal including eminent domain. Commissioner REINHART commented that it seems most of the community realizes that urban renewal is a vehicle for improving rather than degrading properties. Sally Payne commented that any development plans in an urban renewal area would be subject to public hearing processes. Commissioner DWYER commented that the Comprehensive Plan of 2000 has stated a goal of preserving open space and the rural character of the city, specifically the west area of town, and asked how the urban renewal plan would not present a conflict. Commissioner BRINKMAN commented that changing conditions must also be considered when determining compliance with the Comprehensive Plan. Planning Commission Minutes 3 August 6, 2009 Sally Payne stated that when staff works with the Comprehensive Plan and subarea plans, focus is placed on the goals and policies and the Future Land Use Map for guidance in making land use decisions. The NRS doesn't specifically address the western portion of the city but does encourage development along major corridors. Commissioner MATTHEWS commented that when the area west of I-70 was annexed and rezoned, it found to be consistent with the Comprehensive Plan. Commissioner DIETRICK also expressed some concern about the power of eminent domain in urban renewal; however, with checks and balances, urban renewal is an effective tool. Sally Payne stated that the proposed plan includes very standard language. There have also been changes in state law concerning eminent domain powers that hold communities to a high standard. Commissioner MATTHEWS commented that friendly condemnation provides substantial tax benefits for a property owner. Commissioner REINHART commented that he believes that urban renewal is a beneficial tool and there are laws in place to prevent public abuse. It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN that the Planning Commission finds a proposed redevelopment plan for the Interstate 70 corridor between 32"d Avenue and Kipling Street and the Kipling corridor between Interstate 70 and 26th Avenue is in conformance with the Wheat Ridge Comprehensive Plan. Commissioner BRINKMAN offered a friendly amendment as follows: The inconsistencies in the plan as to the number offactors be corrected. The amendment was accepted by Commissioner MATTHEWS. The motion carried 6-0 with Commissioners CHILVERS and TIMMS absent. 9. OTHER ITEMS There were no other items to come before the Commission. Planning Commission Minutes 4 August 6, 2009 10. ADJOURNMENT It was moved by Commissioner DWYER and seconded by Commissioner HOLLENDER to adjourn the meeting at 8:22 p.m. The motion carried 6-0. W#Y Davis Reinhart, Chair Ann Lazzeri, Secretary Planning Commission Minutes 5 August 6, 2009