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HomeMy WebLinkAbout09/03/2009_♦~~4' City of l Wheatlidge PLANNING COMMISSION Minutes of Meeting September 3, 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 29 h Avenue, Wheat Ridge, Colorado. 2. 3. 4. 5. ROLL CALL OF MEMBERS Commission Members Present: Jim Chilvers Marc Dietrick John Dwyer Henry Hollender Dick Matthews Davis Reinhart Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Adam Tietz, Planner I 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 20, 2009 It was moved by Commissioner MATTHEWS and seconded by Commissioner CHILVERS to approve the minutes of August 20, 2009 as presented. The motion passed 6-0 with Commissioners DIETRICK abstaining. Planning Commission Minutes I September 3, 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. 7. PUBLIC HEARING A. Case No. MS-09-02: An application filed by 3885 Upham Properties, LLC, for approval of a 2-lot minor subdivision plat with dedications for property zoned Restricted Commercial and located at 3885 Upham Street. The case was presented by Adam Tietz. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff concluded that all requirements in an RC zone district have been met and recommended approval of the application. Commissioners REINHART and MATTHEWS stated for the record that they both know the applicant and have worked with him on Wheat Ridge 2020; however, neither believed it was necessary to be recused from hearing the case and both stated they could act impartially on this case. In response to a question from Commissioner REINHART, Mr. Tietz stated that portions of Upham Street are dedicated and the right-of-way being dedicated with this application would adjoin existing right-of-way to the east. Commissioner REINHART suggested adding a condition to the plat verifying that there is access to public right-of-way. Thomas Ripp Mr. Ripp, representing the applicant, was sworn in by Chair REINHART. He stated that he had nothing to add to the staff presentation but would answer any questions from the Commission. In response to a question from Commissioner REINHART concerning public right-of-way, Mr. Ripp stated he believed there was legal access from the lot to public right-of-way because the applicant has been driving on the subject access road for many, many years which could establish right-or-way. He stated that he had no objection to verifying the legal access and adding an appropriate note to the plat. Commissioner CHILVERS asked if the applicant's intent is to sell the property. Mr. Ripp stated that the applicant sold the property to a third party who will convey the property back to the applicant if the subdivision plat is approved. Planning Commission Minutes 2 September 3, 2009 There were no members of the public who wished to address the Commission at this time. Chair REINHART closed the public hearing. It was moved by Commissioner HOLLENDER and seconded by Commissioner MATTHEWS to approve Case No. MS-09-02, a request for approval of a two-lot minor subdivision plat for property at 3885 Upham Street for the following reasons: 1. All development standards of the RC zone district have been met. 2. All requirements of the Subdivision Regulations have been met. 3. All required utility casements are being provided. 4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order to meet the standard for a local street width. With the following condition: That a legal determination be made to show that there is legal access to public right-of-way and that the appropriate note be added to the plat. The motion carried 7-0 with Commissioner BRINKMAN absent. 8. NEW BUSINESS There was no new business to come before the Commission. 9. OTHER ITEMS Chair REINHART reminded Commissioners about the joint study session with City Council on Monday, September 21, 2009 at 6:30 p.m. 10. ADJOURNMENT It was moved by Commissioner CHILVERS and seconded by Commissioner DIETRICK to adjourn the meeting 7:26 p.m. The motion carried 7-0. Ka Davis Reinhart, Chair Ann Lazzeri, Secre Planning Commission Minutes 3 September 3, 2009