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HomeMy WebLinkAbout07-18-241. 2. 3. 4. 4 11 7. .'A. City of WheatRidge PLANNING COMMISSION Minutes of Meeting July 18, 2024 CALL THE MEETING TO ORDER The meeting was called to order by Chair DISNEY at 6:32 p.m. This meeting was held in person and virtually, using Zoom video -teleconferencing technology. ROLL CALL OF MEMBERS Commission Members Present Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Kristine Disney Daniel Graeve Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Krista Holub Jana Easley, Planning Manager Scott Cutler, Senior Planner Ella Stueve, Senior Neighborhood Planner Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. APPROVAL OF MINUTES — June 13, 2024 It was moved by Commissioner QUINN and seconded by Commissioner MOORE to approve the minutes of June 13, 2024, as written. Motion carried 7-0. 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. PUBLIC HEARING Planning Commission Minutes July 18, 2024 -1— A. Case No. ZOA-24-05: An ordinance amending Chapter 11 and 26 of the Wheat Ridge Code of Laws regarding requirements for short-term rentals and making conforming amendments therewith. Chair DISNEY opened the public hearing. Mr. Cutler gave a short presentation regarding the ordinance and emphasized the Commission's role relates to Chapter 26. Public Comment No one wished to speak. In response to a comment by Commissioner KERNS, Mr. Cutler confirmed that the two primary changes to Chapter 26 in the short-term rental ordinance is defining owner/occupant/tenant/agent and defining rules around townhomes. Commissioner SCHELKE asked if there are any regulations around long-term rentals. Mr. Cutler clarified that there are no specific regulations with long-term rentals of 30 days or more. He added that an owner/occupant/tenant/agent cannot run a short-term rental as if it were a long-term rental. In response to a question from Commissioner DISNEY about townhomes becoming a part of the short-term rentals and taking the cap over the limit in all 4 districts, Mr. Cutler said that will be the case and nobody will have to forfeit their license, but as licenses get forfeited then the numbers will keep going down to meet the cap and new applicants will be put on the wait list. Mr. Cutler also explained that a license is good for a year and then renewed. Commissioner SCHELKE inquired how ADUs are handled in the short-term licensing process. Mr. Cutler explained that ADUs are handled differently and because if the owner lives on the property of the ADU then a partial short-term rental license is required and there is not cap for this type of license. He added that there is a very high compliance rate. Commissioner Quinones asked why there is no cap for ADU short-term rental. Mr. Cutler clarified that any partial short-term rental, including ADUs or a bedroom, is not subject to a cap because the property owner lives on site which is less impactful. Commissioner MOORE asked Mr. Cutler to clarify the number of days defined in short-term rental. Planning Commission Minutes - 2 July 18, 2024 Mr. Cutler confirmed the number of days for a short-term rental is less than either 29 or 30 days, adding that the City requires a minimum two -night stay. It was moved by Commissioner KERNS and seconded by Commissioner GRAEVE to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding requirements for short-term rentals. Motion carried 7-0. B. Case No. ZOA-24-06: An ordinance amending section 26-646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming accessory dwelling units (ADUs). Chair DISNEY opened the public hearing. Mr. Cutler gave a short presentation regarding the ordinance. Public Comment No one wished to speak. Commissioner SCHELKE believes there are still ADUs in the community that property owners do not want to make legal and wanted to know if the City has a way to reach out to them. Mr. Cutler clarified there has been no downside of people coming forward and there is no license for ADUs, only a certificate of ADU approval. In response to a question from Commissioner QUINN about the definition of an ADU, Mr. Cutler said it is a dwelling unit with a kitchen, sleeping quarters and a bathroom that is smaller in scale to size of the primary dwelling and can be attached or detached, but is separate from the primary dwelling. Commissioner GRAEVE asked if there has been a lot of new ADU construction. Mr. Cutler said only about 15 new ADUs have been permitted, and the city continues to see interest, but cost can hinder some from being built especially when utilities must be added such as water and sanitation. Commissioner Quinones asked what the benefit is to have an ADU permitted and if property taxes change. Mr. Cutler explained there are benefits including a separate address, separate public service bill and resale value to the property. He added the County handles the property taxes so he is not sure if the tax rate will decrease or increase if an ADU is added to the property. Planning Commission Minutes - 3 July 18, 2024 Chair DISNEY closed the public hearing. It was moved by Commissioner GRAEVE and seconded by Commissioner QUINONES to recommend approval of the proposed ordinance amending Section 26-646.F of the Wheat Ridge Code of Laws regarding approval of nonconforming Accessory Dwelling Units (ADUs). Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS A. City Plan Update Ms. Stueve gave a brief introduction of the City Plan which is an update to the City's Comprehensive Plan and introduced Matt Ingalls with czb 11c, the City Plan consultant. Mr. Ingalls gave a brief presentation about the City Plan and its multiple phases, draft of core values, planning principles and priorities, and next steps. Commissioner GRAEVE encouraged the City to also focus on the 44t" Avenue corridor in a thoughtful way because it is an important part of the City due to Clear Creek and it's trail. Commissioner KERNS asked they City to think about a master trails plan for the Lutheran Legacy Campus that complements the Crown Hill trails. He added he would like to see a trail along the Rocky Mountain Ditch. Commissioner DISNEY asked how the community engagement has been through this process so far. Mr. Ingalls said he is pleasantly surprised, and numbers of participants have gone up online and at in -person open houses. Commissioner DISNEY also asked about the negative feedback and what is done with those comments. Mr. Ingalls said it is unfortunate to get negative comments, but they are considered and are factored into the process along with the positive comments. Commissioner GRAEVE appreciated the process and wondered when if when the draft plan is released is there an opportunity for the community to suggest changes. Planning Commission Minutes - 4 July 18, 2024 Mr. Ingalls mentioned there will be another engagement in September and the development of the document will be drafted and it will be published for the community to comment, but there should not be any surprises. B. Upcoming Dates Ms. Easley mentioned there will be an August 1 public hearing about the Waterwise Ordinance, and on August 15 there will be a study session regarding the Lutheran Legacy Campus update. Commissioner DISNEY asked about amending the Charter regarding the Lutheran Legacy Campus and if the community will be voting on it. She also inquired who did the wording for the survey. Ms. Easley said there will be a discussion of height at City Council on August 5. Magellan put together the survey, but she is not sure who reviewed it. Nevertheless, the words in the survey are facts and there are benefits to having higher density in the center of the property, including having lower density and more open space around the perimeter and opportunities to incentivize keeping the blue house, chapel, and trail along the ditch. She also mentioned that the What's Up Wheat Ridge page has a lot of information about the density and the Lutheran Legacy Campus. C. Project and Development Updates None D. Commissioner Updates None 10. ADJOURNMENT It was moyW by Commissioner QUINN and seconded by Commissioner KERNS to adjour meeting at 7:46 p.m. Motion approved 7-0. Disney, Chair Tammy Ode , ecording Secretary Planning Commission Minutes - 5 July 18, 2024