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HomeMy WebLinkAbout07/19/2012The meeting was called to order by Chair TIMMS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. "NEELIXG Commission Members Absent: Alan Bucknam Tracy Guildner OHM to approve the order of the agenda. Motion carried 6-0. It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to approve the minutes of June 21, 2012 as written. Motion carried 6- 0 with Commissioner OHM abstaining. Planning Commission Minutes July 19, 2012 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. A. Case No. ZOA-11-06: An ordinance amending the Wheat Ridge Code of Laws concerning sight distance triangles and swimming pool fences, This case was presented by Lauren Mikulak. 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 for reasons outlined in the staff report. Staff proposes amending section 26-603 (Fences, walls, and obstructions to view) of the city code which relates primarily to sight distance triangles. The proposed amendment will improve the ability to field locate a sight distance triangle, update the vertical clear zone dimensions to align with national standards, and standardize the method of measurement for the sight distance triangle and clear zone. Sight distance triangles are the area of intersection of two streets, a street and a driveway, or a street and alley. Staff began looking at this issue recently because currently the sight distance triangle is measured along the property line or right of way line. This method makes it nearly impossible to field locate the sight distance triangle. Staff recommends that the sight distance triangle instead be measured along the visible curb and gutter flow line or along the edge of pavement which can be easily located in the field. The other component is the vertical clear zone which is the area above the sight distance triangle. Currently it is established at 84 inches or 7,feet. The proposed change would raise the upper limit to 96 inches or 8 feet. This will ensure that the clear zone accommodates the sight line of truck drivers. rin AssociaTion oT ana i ransporTaTion lFruci I JV1)wmcn estaDIIS national standards for the design of streets and roadways. Steve Nguyen, Engineering Manager, presented a brief overview of the national standards and explained how these standards help community engineers across the country. Commissioner OHM stated that he agreed with changing the method of measuring the vertical clear zone; however, he is concerned that the lower limit of 42 inches on local streets is unsafe for areas in which schools are in neighborhoods on local streets. He stated that he would be in favor of a lower measurement for the lower limit. Planning Commission Minutes - 2 — July 19, 2012 In response to a question from Commissioner MATTHEWS, utility poles may be 12 inches wide in the triangle. In reply to another question from Commissioner MATTHEWS regarding driveway placement and sight distance triangles, driveways on local streets for single and two- family homes are exempt from sight triangles, Commissioner MATTHEWS added that this is a very well written enhancement to the code. In response to a question from Commissioner OHM, the City Attorney has reviewed this proposal and finds it acceptable. Following review and discussion by the Commission, Chair TIMMS closed the public hearing as no members of the public were present to speak. of Chapter 26 of the Wheat Ridge Code of Laws, concerning regulation of sight distance triangles and swimming pool fences, be forwarded to City Council with a recommendation of APPROVAL. K RIK mmma�! B. Case No. ZOA-12-02: An ordinance amending the Wheat Ridge Code of Laws concerning the definition of family and occupancy limits for zoning purposes. This case was introduced by Meredith Reckert. The case was initiated by the Community Services Unit (CSU) in the Police Department as a result of citizen complaints. Officer Mary McKenna of the CSU was present. Planning Commission Minutes - 3 — July 19, 2012 In researching how another community deals with this issue, the CSU consulted with the Fort Collins police department to find out how they manage and enforce their program. The proposed amended code, drafted by the City Attorney, was influenced by Fort Collins' policy. Commissioner MATTHEWS asked how enforcement is carried out in a college town. He pointed out a few of the many variables of student living situations, and asked how it can be proven that someone is residing at a certain location. The City Attorney responded that it is always the actual number of persons living in a residence that is the determining factor. The same would also apply to a child under joint custody of its parents. Commissioner MATTHEWS asked about the nuances of family relationships and blended families. Mr. Dahl replied that the rule of three is still valid in that situation. Again, it is complaints that bring these situations to the attention of the police. In response to a question from Commissioner OHM, Fort Collins Police investigate a complaint and contact the owner or property manager and get an occupancy disclosure fonn which provides the names of individuals legally allowed to live at that residence. In response to a question from Chair TIMMS, Mr. Dahl replied that residential group homes for protected classes are exempt from the limitation of three unrelated residents. Staff recommends that the City adopt a single ordinance concerning occupancy limits for residential units. A single ordinance would facilitate the public's understanding of what is permitted and prohibited and facilitate the enforcement of occupancy limits. Randy Rawfings 3235 Flower St. Mr. Rawlings explained that he lives off 32 nd on Flower which is a dead end street. A foundation has purchased a home in the neighborhood in which multiple individuals Planning Commission Minutes - 4 — July 19, 2012 Carol Harrison 3219 Flower St. Ms. Harrison stated that she has small grandchildren, and she is concerned about the constant influx of traffic and fast drivers in this neighborhood. Parking of extra vehicles in the neighborhood has created a visibility problem. Chair TIMMS closed the public hearing. In response to a question from Commissioner BRINKMAN, Officer McKenna replied that police can accept information from concerned citizens and that infon is acceptable in court. Commissioner BRINKMAN assured Mr. Rawlings and Ms. Harrison that the Commission is taking this matter very seriously and will endeavor to write an ordinance that will benefit all the citizens of Wheat Ridge. T • T concern is mat occupancy innits are not Me way to get at these issues. She believes there are other ways to deal with it. Commissioner MATTHEWS added that he recognizes the necessity for occupancy limits and wants to support it but is concerned that the city may be creating an enforcement issue. ill 11111111 A wim"I i'll �� �� I I As= au I I I [' Wheat Ridge Code of Laws to define occupancy limits and authorize enforcement of such limits as a civil matter, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It will better define the number of persons allowed to reside in a single resiIential unit. 2. It will aid in the City's CSU code enforcement efforts. The motion carried 5 with Commissioner WEAVER voting no. Planning Commission Minutes -5- July 19, 2012 A. Industrial Employment Zoning Ms. Showalter asked the Commission for their input on the proposed changes, particularly the proposal that automatic additional setbacks for special uses be removed. Staff will then go to City Council for a study session in the late summer. The proposed ordinance will go to public hearing in front of Planning Commission this fall. Commissioner OHM stated that he is in favor of changing the setback from 50 to 10 feet as well as in favor of the other setbacks. He is concerned however that the current residential buffer of 5 feet is not enough for certain industrial uses. There needs to be some wiggle room for a buffer, particularly in residential areas. He has no issues with the proposed changes for light industrial. Ms. Showalter addressed several questions from Commissioner BRINKMAN regarding the items on the permitted use table. She explained that the changes suggested are for clarification and to eliminate redundancy. Commissioner MATTHEWS stated that he shares Commissioner OHM's concerns about setbacks where industrial uses are adjacent to residential areas. Planning Commission Minutes -6— July 19, 2012 The second proposed code change is to clarify that public schools are a permitted use in any zone district and they are subject to the Site Plan review process. Site Plans are administratively approved. The Commission was in agreement with the proposed changes and had no additional comments. The next step will be a study session with City Council in late summer. Staff hopes to present a final ordinance to Planning Commission at a public hearing this fall. • Commissioner TIMMS asked if the zoning ordinance is currently available online and if distribution of paper copies of code supplements be discontinued. Ms. Showalter responded that it is, and it is updated every six months. Commissioner OHM suggested a short summary and a link to the code amendments on the website. In response to Commissioner BRINKMAN's question about the outcome of group homes discussed in the June meeting; City Council voted it down. The motion for approval did not receive enough votes, Commissioners OHM and BRINKMAN commented on, the awkward left turn lane at the new Chase bank at 3 8 th . Commissioner MATTHEWS commented that the light timing on 38' Avenue appears not to have been adjusted. Ms. Showalter added that the light timing at Pierce has been corrected. Signal timing will be adjusted elsewhere when school is back in session. Planning Commission Minutes - 7 — July'19,2012 KI xv 6 V I (0,a4AaA teve Timms, Chair Deborah Baker, Recording Secretary Planning Commission Minutes July 19, 2012