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HomeMy WebLinkAbout10/20/2011City of �WheatR PLANNING COMMISSION Minutes of Meeting October 20, 2011 1. 2. 3. 9 5. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair POND at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29` Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Dick Matthews Scott Ohm George Pond Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam Marc Dietrick Tracy Guildner Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA Commissioner BRINKMAN requested an addition to the agenda under "OTHER" to discuss public hearing signs. It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the order of the agenda with the addition requested by Commissioner BRINKMAN. The motion carried 5 -0. APPROVAL OF MINUTES — October 6, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner POND to approve the minutes of October 6, 2011 as Planning Commission Minutes 1 October 20, 2011 presented. The motion carried 4 -0 with Commissioner BRINKMAN abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes each. No members of the public wished to address the Commission at this time. PUBLIC HEARINGS A. Case No. MS- 11 -03 An application filed by David Myer for Metro Community Providers Network for approval of a final plat with right -of- way dedications for property zoned Planned Commercial Development (PCD) and located at 7495 West 29 Avenue. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons, and with conditions, as outlined in the staff report. David Myer R &R Engineers & Surveyors 710 Colfax, Denver CO In response to Commissioner MATTHEWS' questions, Mr. Myer explained that a detention pond will be located in the southeast corner of the lot and will follow present topography. Water will be released at a historic rate through a structure in the corner and piped under 29 Avenue to an old irrigation ditch in Hayward Park. Any emergency overflow will be released onto 29 Avenue avoiding residential areas. Louise Canjar 3055 Webster Ms. Canjar stated she was pleased that the right -of -way does not include 30 Avenue and Webster Street. She asked if the sidewalk will be extended to allow access to the property. Ms. Reckert explained that public improvements will include extension of the sidewalk although the design has not yet been completed. Jack Anderson 3120 Webster In response to Mr. Anderson's question, Ms. Reckert explained that the entrance to the medical center will not be located at the northeast corner of the property. Vice Chair POND asked if there were others who wished to address the Commission. Hearing no response, the public hearing was closed. Planning Commission Minutes 2 October 20, 2011 Commissioner MATTHEWS expressed concern about changing the drainage when the present system is working in the neighborhood. Commissioner TIMMS expressed appreciation to staff for working with the applicant to address neighbors' concerns expressed at the previous Planning Commission meeting. It was moved by Commissioner BRINKMAN and seconded by Commissioner OHM to recommend approval of Case No. MS- 11 -03, a request for approval of a final plat for property located at 7495 West 29` Avenue, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will accommodate the new development scenario for the property. With the following conditions: 1. A Subdivision Improvements Agreement with financial guarantees will be required at the time of plat recording. 2. The 25 -foot wide emergency access easement through the site be eliminated and replaced with a blanket cross access easement. 3. The City's standard language for blanket cross access be added. The motion carried 5 -0. B. Case No. MS -11 -04 (to be continued) An application filed by Mike Pharo for RV America for a 2 -lot minor subdivision plat with right -of -way dedications on property zoned Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) and located at 11808 West 44` Avenue. Meredith Reckert stated that staff is recommending a continuance of this case to the November 17` Planning Commission meeting. The applicant has been informed and is amenable to this continuance. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to continue Case No. MS -11 -04 to the Planning Commission meeting of November 17, 2011. The motion carried 5 -0. C. Case No. ZOA- 11 -04: An ordinance amending Chapter 26 concerning regulation of massage therapy and massage parlors. This case was presented by Ken Johnstone. He reviewed the staff report. The proposed ordinance will clarify that the State is the principal licenser of massage therapists and massage therapy centers; define massage parlors and strengthen the Planning Commission Minutes 3 October 20, 2011 City's operational regulations of same; and establish permissible locations for massage parlors. Staff is in favor of the Commission forwarding a recommendation of approval to City Council. Commissioner BRINKMAN asked for an explanation of "conspicuous" as contained in in Section 2 (D). Mr. Johnstone explained that a manager would be required on premises with no private rooms. In response to a question from Commissioner MATTHEWS, Mr. Johnstone replied that he understands massage, when ancillary to another service such as a pedicure, would not fall under this ordinance. He will contact the city attorney to see if the language needs to be refined. Commissioner TIMMS asked how the three existing massage businesses are zoned. Mr. Johnstone stated that he assumed they are in commercial zones. If the ordinance is adopted, they would become legal nonconforming uses but would be subject to the operational requirements of the ordinance. These businesses would be a use by right in industrial zones. In response to a question from Commissioner MATTHEWS, Mr. Johnstone stated that the ordinance would not affect massage therapists with home occupations who go to clients' homes. In response to a question from Commissioner TIMMS, Mr. Johnstone explained that massage parlors would not be allowed in mixed use transit oriented development zones. Vice Chair POND asked to hear from members of the public. Hearing no response, the public hearing was closed. It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to recommend approval of Council Bill 32, Series 2011, as it pertains to Chapter 26 of the municipal code, for the following reasons: 1. The ordinance is consistent with applicable state statutes 2. The ordinance provides for a reasonable amount of land for massage parlor operations, preserving the City's primary commercial corridors for other higher intensity uses as contemplated in the City's Comprehensive Plan. The motion carried 5 -0. Planning Commission Minutes 4 October 20, 2011 8. OTHER BUSINESS • Commissioner BRINKMAN stated that she has noticed some public hearing notice signs in the city that have been in place, in some cases, as long as three or four years after the hearing has taken place. She expressed concern that citizens would become so accustomed to seeing these signs that they may not pay attention to current signs. Ms. Reckert suggested that a reminder to remove signs after the hearing could be included in the action letter sent to applicants. • Meredith Reckert stated that staff is recommending cancellation of the November 3, 2011 meeting. It was moved by Commissioner BRINKMAN and seconded by Commissioner MATTHEWS to cancel the November 3, 2011 Planning Commission meeting. The motion carried 5 -0. 9. ADJOURNMENT It was moved by Commissioner BRINKMAN and seconded by Commissions WS to adjourn the meeting at 7:45 p.m. The motion ried 5 -0. "eting is scheduled for November 17, 2011. Vice Chair Ann Lazze •i, See et ry Planning Commission Minutes 5 October 20, 2011