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HomeMy WebLinkAbout06/19/141. 2. 0 0 9 91 The meeting was called to order by Chair BRINKMAN at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. Corn fission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE anam Kenneth Johnstone, Director of Community Development Meredith Reckert, Senior Planner Bruce Roome, Recording Secretary Vk W#1 mk's I h 1 l RUSM It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to approve the minutes of May 15, 2014, as written. Motion carried 4-0-2 with Commissioners WEAVER and 'TIM S abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appealing on the agenda.) No one wished to speak at this time. Planning Commission Minutes Julie 19, 2014 A. Case No. WZ-14-06:. A request filed by Calier Capital, LLC for approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRD) with all Outline Development Plan for property located at 7671 W. 32 "` Avenue and 3299 Wadsworth Boulevard. Commissioner BUCKNAM asked for a clarification of the setbacks and inquired about the lot on the north of the pole on the flag on Wadsworth and what the status of that property. Ms. Reckert stated the front setback is I 0-feet, 5-feet on the sides and 15 -feet on the rear and the lot is vacant. Commissioner DORSEY inquired about the name of the new street and asked if the developer will develop the whole area at the same time. Ms. Reckert stated she didn't know what the street name will be yet but it would follow the Denver Metro grid system and it will be decided at the time of plat. She deferred the development question to the developer. Commissioner Dorsey inquired about parking; that on the south portion parking will only be permitted on one side of the street and parking on the cul-de-sac is permitted on both sides. Ms. Reckert stated that is correct. Commissioner TIMMS asked if staff calculated the potential on-street parking availability. Ms. Reckert stated she has not done the calculation. The development meets the minimum parking requirements. Planning Commission Minutes -2— June 19, 2014 assessment has been submitted by the applicant and we will engage the parks Naturalist for suggestions. Commissioner TIMMS asked if staff has received any additional cinails or phone calls fi - ono the public since the public notice. Ms. Reckert replied no. Commissioner BUCKNAM asked if there was any discussion between staff and the applicant about making the west slightly shallower in depth to provide more space for sidewalks oil both sides of the street. Ms. Reckert stated that tile first five lots are at the minimum of 3519 square feet, so there would probably be a reduction of lots on that side. Commissioner WEAVER inquired about first condition for the masonry, Ms. Reckert stated the masonry was to upgrade the architecture. Commissioner DORSEY inquired about the "flag pole" portion of the lot. Ms. Reckert replied that it is 60 feet wide. The southern portion will be used for the water line looping into the development. The water companies require a 30 foot paved easement or an unpaved 50 foot easement. Chair BRINKMAN inquired that since this is going to be a public street would the city plow it. Ms. Reckert stated there is a hierarchy plowing policy and this would be a low priority. It would be plowed into the pond. Chair BRINKMAN asked staff to confirin that there is no flood plain related to the Rocky Mountain Ditch. Ms. Reckert stated there is not. Discussion continued regarding the proposed drainage system and whether the off-site easement would vest with the owner or the property. Commissioner DORSEY asked if the number of houses on the south side could be reduced to 5 to accommodate a sidewalk on the cast side. Ms. Reckert stated that could be discussed with the applicant. Applicant, Bill Fritz 10827 Bobcat Terrace, Littleton, CO 80124 Mr. Fritz spoke briefly about the history of the project, Mr. Fritz introduced his partners to speak and answer questions. Planning Commission Minutes -3— June 1 9, 2014 Commissioner WEAVER inquired about the home price points and square footage. Mr. Fritz stated that home prices would start in the lower 300's and that average finished square footage will be 1500 to 2000 square feet. Discussion continued regarding sidewalk on the east side of the street. Commissioner TIMMS inquired about the masonry condition. The applicant indicated they envision a "cottage style" with doesn't accommodate for a lot of masonry accents. Bob Nettleton Project Builder 220 S. Cherry St, Denver, CO Mr. Nettleton stated masonry requirements are not architecturally correct for cottages. He stated masonry accents are desired without a specific percentage of coverage. Commissioner BUCKNAM asked if Lots 1-6 could be configured to accommodate a sidewalk on the east. Mr. Nettleton stated there is a five foot buffer between the street and the apartments which could be a sidewalk instead of a landscape buffer Commissioner DORSEY asked about fencing for the apartments. Mr. Nettleton stated there is a wire fence. Ms. Reckert stated she didn't think there was enough room for a sidewalk and fence and there is a grade change between the "C Court" to the south and the property. Discussion on possible solutions continued. Commissioner TIMMS stated he didn't think there was room to extend the sidewalk around the curve. He thought a better option was to stop it at the pavement. Chair BRINKMAN inquired about the pipe installation under the ditch and impact on the adjacent property. She also asked where the snow from the street would be directed. Chair BRINKMAN asked if they can push any snow to the Rocky Mountain Ditch. Mr. Thornbrough stated no. Chair BRINKMAN asked if there would be an official path that connects with the Rocky Mountain Ditch. Mr. Thornbrougli stated he wasn't sure if it was a public path. Chair BRINKMAN stated it is not. Planning Commission Minutes June 19, 2014 Commissioner BUCKNAM asked if there was anything he could add to the conversation about the lack of sidewalk on the east side. Mr. Thornbrough stated if the sidewalk ended at Lot 20, a crosswalk could be installed to the other side. Chair BRINKMAN opened the hearing to members of the audience. Pat Hott Ms. Reckert stated there is a strip of land on the west side of the subdivision with unclear title. Mr. Johnstone clarified it is a plat issue, not a zoning issue. Frank Stites 3354 Zephyr Ct. Mr. Stites had questions about where the setback will be in regards to the easement. Carol Greene 3300 Yarrow St. Ms. Greene has requested construction of a masonry privacy fence between the properties. Mike Greene 3310 Yarrow St. Mr. Greene stated he is in favor of the project but wants to be cautious about putting too many restrictions on the developer. Mr. Greene is seeking feedback regarding the property lines on Yarrow and the easement. Pat Hott 3330 Yarrow St. She hopes the development will have an HOA. Chair BRINKMAN confirmed that it would. Mark Thornbrough Mr. Tbornbrough stated the easement at the rear of the property did not show up in the title commitment. He stated the developer is intending to provide a six foot privacy fence and the setback from the rear of the homes will be from the property lines defined in the legal description. Planning Commission Minutes -5— June 19, 2014 Commissioner OHM asked staff if a landscape buffer is required for the paved connection to Wadsworth and if a condition would be required for the crosswalk. Ms. Reckert stated no for the landscape buffer and yes for the condition for the crosswalk. Commissioner BUCKNAM asked if there is a requirement for on-street parking in a PRA. Ms. Reckert stated this is referred to in Section 26-501. Single or two - family has a require for 4 off street parking space if there is no on street parking or 2 if there is on street parking but it doesn't specify how many on street parking spaces are needed. Chair BRINKMAN closed the public bearing. It was moved by Commissioner WEAVER and seconded by Commissioner DORSEY to recommend approval of Case No. WZ-14-06, a request for approval of a zone change from Residential-Two (R-2) to Planned Commercial Development (PRD) zoning and an Outline Development Plan (ODP), on properq located at 7671 W. 32 "d Avenue/3299 Wadsworth Blvd. for the following reasons: With the following conditions: 1. Additional architectural design be required and reviewed at the time of SDP. 2. The schematic detail for Lots 7-20 must be revised to more accurately represent the larger, narrower lots. 3. The developer is encouraged to work with the City Forester to create a tree friendly plan with consideration of old and new plantings. 0TRAMM I I frifflUl Re oeveioper work witti staff to add a crosswalk. Amendment accepted by Commissioners Weaver and Dorsey to add this as Condition #4. Commissioner TIMMS stated the 50% masonry requirement is too high for this development but lie is sensitive to the reality of the market and to staff He suggested 25% masonry. There was a discussion about the masonry requirement. Mr. Johnstone stated this will be in front the Planning Commission again as a SDP and architectural criteria will be addressed at that time. Planning Commission Minutes -6— June 1 9, 2014 Chair BRINKMAN spoke of the request of the sidewalk to the east. She stated if she had to put in a sidewalk she would rather put it next to the house versus the other side, Commissioner BUCKNAM stated his concern for public safety. Motion carried 5-1 with Commissioner BUCKNAM voting no. An 8 minute break ivas taken until 9:00 pin B. Case No. ZOA-14-03: An ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats. Commissioner OHM inquired about enforcing noise impacts. Mr. Johnstone replied that would be a nuisance issue that Code Enforcement would enforce. Commissioner TIMMS inquired about the purpose of the City's Welfare and Control Commission. Mr. Johnstone stated it is an advisory board with a limited regulatory role in making recommendations on the harboring of wild animals. They can issue licenses for exotic animals for a certain period of time. They have a role in reviewing kennel licenses. They are appointed by Council. Commissioner TIMMS asked if there was any discussion that the zoning code is the best place for animal regulations versus other chapters in the code. Mr. Johnstone stated no. Commissioner TIMMS stated the staff proposal is to allow three dwarf goats per residential lot. If someone wanted to have four dwarf goats would they go to the Board of Adjustment for a variance? Mr. Johnstone stated that would be a use variance which the Board of Adjustment does not have jurisdiction to approve, More than three dwarf goats would be reviewed under the large animal regulations with requires a larger parcel. Commissioner TIMMS asked about HOA's. He stated the City would still allow the use but the HOA could still supersede with a prohibition. Mr. Johnstone concurred, Commissioner TIMMS asked what cons were found in the research associate with dwarf goats. Mr. Johnstone stated there were none found. There is a little bit of a noise impact. Planning Commission Minutes -7-- June 1 9, 20114 Open lot area is needed for space to utilize and for grazing. They are not dissimilar than a dog of the same size. Commissioner DORSEY asked if licensing and immunizations will be required. Mr. Johnstone replied no. Commissioner BRINKMAN asked if Code Enforcement would be notified if this passes. Mr. Johnstone stated yes, staff has been working with Code Enforcement on this case. Commissioner DORSEY asked if there would be enough yard space on a multi- family property. Mr. Johnstone stated some larger multi- family properties with a property owner who is inclined to make a goat area available on the property for use by the tenants would be pennitted if the requirements were met. Many multi-family properties cannot meet the requirements for setbacks, open lot area, etc. Commissioner DORSEY asked if code enforcement would be handling any issues. Mr. Johnstone stated yes. Commissioner OHM asked if the fencing standards in Section 605 would apply to goats. Mr. Johnstone stated yes. Commissioner OHM asked if there are fencing standards in 606. Mr. Johnstone stated to the extent of height and construction. Commissioner BRINKMAN opened the public hearing. Melissa Saynourath 4085 Depew St. Ms. Saynourath stated she has raised dwarf goats for the past three years in Wheat Ridge, She has received numerous compliments from neighbors about how quiet the goats are. Sundari Kraft 3495 Ames St. Ms. Kraft spoke in support of amending the City Code to allow the keeping of dwarf goats. There was some discussion on the different types of goats. Chair BRINKMAN closed the public hearing, Planning Commission Minutes June 19, 2014 It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending various sections of Chapter 26 of the Wheat Ridge code of laws, concerning the keeping of dwarf goats. Commissioner WEAVER stated there many people are coming to Wheat Ridge who are excited about the openness to urban agriculture and food production. Code enforcement does a good job in enforcing applicable restrictions. Motion carried 5-1 with Commission DORSEY voting no. C. Case No. ZOA-14-04: An ordinance amending chapter 26 and chapter I I of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11- 321(b)(8) concerning applications for primary care-giver licenses. Mr. Johnstone presented the case. He stated the purpose of the ordinance is to place certain limits on the manner in which marijuana is cultivated on residential properties. He reviewed the Planning Commission Legislative Itern Staff Report. He stated the ordinance is scheduled for City Council public hearing on June 23, 2014 and Planning Commission's recommendation will be forwarded to City Council for consideration. Commissioner BUCKMAN asked if it is a public safety issue as to why cultivation is not allowed in an accessory structure. Mr. Johnstone stated that is part of the reason. Commissioner WEAVER asked what qualifies as visual evidence. Mr. Johnstone stated that language is mirrored from the home occupation ordinance. The intent is to maintain the residential character of the neighborhood. Chair BRINKMAN asked if the City includes the basement when reviewing square footage for gross floor area, Mr. Johnstone stated yes, if it is habitable and if meets applicable building codes. Chair BRINKMAN requested an explanation for 25 0 /'o of gross floor area for 6 plants. Mr. Johnstone stated that the logic is the same figure as the home occupation ordinance. Chair BRINKMAN asked if the reference for the use of compressed flammable gas for processing marijuana is for making hash. Mr. Johnstone stated it is used for making products and extractions including hash. Chair BRINKMAN asked if code enforcement would remove any plants over the allowed amount. Mr. Johnstone replied yes, Chair BRINKMAN stated someone may figure out another way of processing marijuana that doesn't require compressed flammable gas. She asked if the ordinance should be broadened to say use of compressed flammable gas or any other tool or mechanism for Planning Commission Minutes -9— June 19, 2014 Chair BRfNKMAN closed the public hearing as there was no one in the audience to speak. It was moved by Commissioner TIMMS and seconded by Commissioner +k&04 26 and 'I I of the Wheat Ridge Code of Laws by the addition of a new section 26-639 concerning marijuana and amending paragraph 11-321(b)(8) concerning applications for primary caregivers licenses. Motion carried 6-0. Commissioner BUCKNAM clarified this ordinance would only regulate distances between MIP's and not restrict the location of any testing facilities. Mr. Johnstone concurred. Commissioner WEAVER asked if there was any consideration for odor. Mr. Johnstone stated there is and that is one of the motivations behind the proposal to classify these businesses as a hazardous occupancy under the building code as it will require different air handling and mechanical systems. Planning Commission Minutes -10— June 19, 20114 Commissioner TIMMS asked if the C-1 zone district is the City's most permissive commercial zone district. Mr. Johnstone replied yes, commercial in the sense of retail/office and light industrial. C-2 is more permissive but there is very little C-2 zoning. The I-E district allows more traditional industrial uses. Commissioner TIMMS asked if the map in the packet with the three circled areas are zoned C -1. Mr. Johnstone stated at least one of them is zoned I-E. The two MIP's that are in the C- I district would become legal non-confon uses. Commissioner TIMMS asked what triggered the emergency moratorium. Mr. Johnstone stated there was additional interest in these types of uses. Commissioner OHM asked why the map shows the pending manufacturer case no. WZ- 14-04 located at 3924-4096 Youngfield St. Mr. Johnstone stated that is a testing facility which is a separate use class at both the state and local level. They would not be doing any manufacturing, it is strictly testing. In response to Chair BRINKMAN's questions Mr. Johnstone stated the 1000-foot separation from schools, dayeares, etc, is measured by the most direct pedestrian route. Chair Brinkman asked if schools in other cities are considered. Mr. Johnstone stated yes. Chair Brinkman closed the public hearing as there was no one in the audience to speak. Mr. Johnstone stated there was no quorum for the July 3 rd meeting but there will be a meeting on July 17. I I W190 Maw Sims Planning Commission Minutes June 19, 2014 nne Brinkman, Chair — M7VTvsnM June 19, 2014 Bruce Roome, Recording Secretary -12–