HomeMy WebLinkAbout08/20/2009`~A~
City of
WheatRdge
PLANNING COMMISSION
Minutes of Meeting
August 20, 2009
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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.
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
Ken Johnstone, Community
Development Director
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
carried 7-0.
APPROVAL OF MINUTES - August 6, 2009
It was moved by Commissioner MATTHEWS and seconded by
Commissioner DWYER to approve the minutes of August 6, 2009 as
presented. The motion passed 5-0 with Commissioners CHILVERS and
TIMMS abstaining and Commissioner DIETRICK absent.
Planning Commission Minutes 1 August 20, 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 present to address the Commission.
PUBLIC HEARING
A. Case No. ZOA-09-03: An ordinance amending Chapter 26 concerning
parking regulations.
The case was presented by Ken Johnstone. He reviewed the staff report and
digital presentation. This ordinance was also discussed by the Planning
Commission at an earlier study session. The proposed amendment was written to
achieve the following objectives:
Allow for reasonable reuse of existing buildings and sites along our
commercial corridors that may not meet current parking standards.
Create more flexibility in regard to the amount of required parking by
allowing for greater shared parking and other parking reductions.
Better organize the parking section of the code to make it more readable,
including providing more and better graphic illustrations.
Commissioner DWYER expressed concern that there is no way for a property
owner to terminate a shared parking agreement unless the city terminates it. Mr.
Johnstone stated that it is important for the city to have a role in the termination of
a shared parking agreement to ensure an appropriate amount of parking will be
provided. The ordinance could include language to the effect that property
owners may initiate the cessation of a shared parking agreement subject to the
city's review and approval.
Commissioner DWYER questioned the requirement on page 9 of the ordinance
that limits parking of recreational vehicles in an RV park to 30 days. Mr.
Johnstone stated that this language was present in the existing code and has not
been changed.
Commissioner BRINKMAN suggested that a review of RV regulations take place
at some time in the future based on the reality of present day recreational vehicles.
Commissioner HOLLENDER referred to page 15, paragraph 5 "Surfacing", and
suggested that "and on-site detention of storm runoff' be removed from the first
sentence because not all sites would require on-site detention.
Commissioner HOLLENDER referred to Page 16, paragraph 5 "Surfacing"
regarding containment of surface materials and expressed concern that the
ordinance not require concrete curb and gutter as the only method of containment.
Planning Commission Minutes 2 August 20, 2009
In regard to Section 6(b)(iii), requiring parking lot islands to be irrigated with an
automated sprinkler, Commissioner HOLLENDER reiterated his position that
xeriscape landscaping should be encouraged.
Commissioner REINHART suggested that wording "...unless an appropriate
xeriscape solution is presented and approved by the city" be added to the sentence
in 6(b)(iii).
Mr. Johnstone stated that the city does encourage xeriscape as a general matter in
landscape regulations. There is some concern about the viability of plants in very
hot environments such as landscaped islands unless there is some type of drip
irrigation. He also commented that there is some resistance by applicants to the
cost of installing irrigation.
Commissioner CHILVERS commented that landscaping of parking lot islands is
important to the appearance of our city.
Commissioner HOLLENDER referred to page 21 "Usable Parking Spaces". He
expressed concern about the application to residential properties. Mr. Johnstone
agreed that wording could be added to the effect that would exempt single family
and duplex residential.
Commissioner HOLLENDER noted that No. 7 "Stacking spaces" on page 28, and
No. 9 "Drive through and vehicle stacking space" on page 29 say the same thing
and one could be eliminated.
Commissioner TIMMS referred to page 27, paragraph 4 "Variances to Residential
Parking Standards." He suggested eliminating the sentence that reads: "Requests
for variances under this subsection J shall not be charged a fee if the request is
filed by December 31, 2004."
Commissioner TIMMS referred to page 13. He suggested that item (d) of
paragraph 4 "Number of Access Points" also be added to paragraph 2 "Spacing of
Vehicle Access" and paragraph 3 "Curb Cut Widths."
In response to a question from Commissioner TIMMS, Mr. Johnstone stated that
he is comfortable with his staff's capabilities to make determinations about shared
parking, etc.
Commissioner TIMMS suggested consolidating language on page 15, paragraph 5
"Surfacing" with language on page 24 under "Driveway connection to street."
There was no one present to address the ordinance. The public hearing was
closed.
Planning Commission Minutes 3 August 20, 2009
It was moved by Commissioner TIMMS and seconded by Commissioner
BRINKMAN to recommend approval of Case No. ZOA-09-03, an ordinance
repealing and re-enacting Section 26-501 of the Wheat Ridge Code of Laws
pertaining to off-street parking and loading, for the following reasons:
1. The proposed ordinance provides a balanced approach to providing
the right amount of parking.
2. The proposed ordinance encourages the use of alternative modes of
transportation.
3. The proposed ordinance will allow for greater flexibility in the re-use
of existing buildings and sites and will encourage revitalization along
the city's commercial corridors.
4. The proposed ordinance implements the goals of the Neighborhood
Revitalization Strategy which has been adopted as an element of the
City's Comprehensive Plan.
With the following conditions:
1. Section 26-501.11.1 shall be reviewed by staff and rewritten to clarify
and simplify the language, if possible.
2. Section 26-501.E.5 (Surfacing) - Strike wording "...and on-site
detention of storm runoff" from paragraph 5, first sentence.
3. Review the ordinance to ensure that the language regarding surfacing
requirements for parking is consistent and not repetitive.
4. Section 26-501.E.12.b (Usable Parking Spaces) shall be modified to
allow one and two-family dwellings to use double loaded parking
spaces.
5. Section 26-501.F.2 and 3 shall be modified by adding a (d) to each
subsection stating the following: The public works director may
approve a modification to or waiver to the vehicle access standards and
requirements stated in this subsection based upon consideration of
traffic characteristics, both on and off of the site, with the primary
purpose ofpreserving public safety.
6. Section 26-501.G.4 - Strike the following sentence from paragraph 4
(Variances to Residential Parking Standards): "Requests for
variances under this subsection Jshall not be charged a fee if the
request is filed by December 31, 2004."
7. Section 26-501.11.7 (Stacking Spaces) - Remove this paragraph as it is
the same as paragraph 9.
Commissioner MATTHEWS commented that, over all, this was a well crafted
ordinance.
The motion carried 7-0 with Commissioner Dietrick absent.
Planning Commission Minutes 4 August 20, 2009
B. Case No. ZOA-09-05: An ordinance amending Chapter 26 regarding
off-street parking requirements.
This case was presented by Ken Johnstone. He reviewed the staff report and
digital presentation. This ordinance was also discussed by the Planning
Commission at an earlier study session. The ordinance addresses what should be
required for existing residential properties in regard to the surfaces where vehicles
may be parked and make it enforceable to require that vehicles not be parked on
certain unimproved surfaces including front yard and landscaped areas.
Commissioner BRINKMAN stated that she agreed with the intent of the
ordinance but had questions about enforcement. She would like to see more
recent satellite data than April of last year.
Commissioner DWYER expressed concern that the vast majority of his
neighbors' properties will become noncompliant when the ordinance takes effect
even though they have parked their vehicles in the affected spaces for many years.
This would present a big burden for those property owners.
Mr. Johnstone stated that there will be a public information program to adequately
inform citizens.
In response to a question from Commissioner DWYER, Mr. Johnstone explained
that the requirement for the first 25 feet of a driveway to be asphalt would be
grandfathered until such time as the property owner would replace or change the
driveway.
Commissioner BRINKMAN stated that she would like the ordinance to clarify
who the enforcement agency will be and whether the property owner or vehicle
owner would receive a summons.
Commissioner TIMMS commented that he doesn't like the requirement to only
pave the first 25 feet of a driveway, especially in new development. He also
asked if these regulations would apply to agriculturally zoned property. Mr.
Johnstone explained that agricultural property has different regulations regarding
driveways.
There was no one present to address the ordinance. The public hearing closed.
Commissioner DWYER stated that while he could understand the intent of the
ordinance, he expressed concern about the undue burden it will create when entire
neighborhoods become noncompliant. He stated that he would not support the
ordinance as written.
Planning Commission Minutes 5 August 20, 2009
Commissioner CHILVERS commented that he didn't think it should be an undue
burden to replace dirt with crushed rock.
Commissioner MATTHEWS expressed concern about unequal enforcement in
different areas of city. It is important to have equal enforcement.
Commissioner HOLLENDER stated that he was at first concerned about property
rights, but he agreed that the ordinance is an attempt to improve the city.
Commissioner TIMMS stated that he would support the ordinance on the basis of
long-term benefit to the city.
Commissioner REINHART stated the improvements need to begin somewhere
and he would support the ordinance.
It was moved by Commissioner BRINKMAN and seconded by
Commissioner MATTHEWS to recommend approval of Case No. ZOA-09-
05, an ordinance amending Section 26-501 of the Wheat Ridge code of Laws
concerning residential off-street parking surfacing requirements, for the
following reasons:
1. The parking of vehicles on unimproved surfaces including yards,
landscaped areas and compacted dirt in residential districts has a
negative effect on the community image and property values.
2. The parking of vehicles on said unimproved surfaces also can lead to
the tracking of dirt and mud onto public streets, resulting in potential
damage to the street, cleanup costs for the City and a decrease in the
storm runoff water quality.
3. The proposed ordinance defines a reasonable off-street parking
surfacing requirement for all existing residential development within
the city.
The motion carried 6-1 with Commissioner DWYER voting no and
Commissioner Dietrick absent.
8. NEW BUSINESS
There was no new business to come before the Commission.
9. OTHER ITEMS
• Commissioner MATTHEWS expressed disappointment that the city missed
the opportunity to have a xeriscape demonstration project at the new
monument sign at Kipling and I-70.
Planning Commission Minutes 6 August 20, 2009
Commissioner BRINKMAN learned at a recent DRCOG meeting that they
will do presentations regarding public safety effects on planning. She will
provide more information to the Commission at a later time.
Mr. Johnstone gave a brief update on the status of vacancies in the
Community Development Department.
10.
ADJOURNMENT
It was moved by Commissioner CHILVERS and seconded by Commissioner
DWYER to adjourn the meeting at 8:45 p.m. The motion passed
unanimously.
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Davis Reinhart, Chair
Ann Lazzeri, Secretary
Planning Commission Minutes 7 August 20, 2009