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HomeMy WebLinkAbout08/20/2009`~A~ City of WheatRdge PLANNING COMMISSION Minutes of Meeting August 20, 2009 1. 2. 3. 4. 5. 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. 0~ Vk-- - Davis Reinhart, Chair Ann Lazzeri, Secretary Planning Commission Minutes 7 August 20, 2009