HomeMy WebLinkAbout05.16 - Agenda Packet
PLANNING COMMISSION
A G E N D A
May 16, 2024
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on May 16, 2024 at 6:30 p.m.
This meeting will be conducted as a virtual meeting and in person at 7500 W. 29th Avenue,
Municipal Building. The public may participate in these ways:
1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on May 15)
2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment (create a Zoom account to join)
• Or call 1-669-900-6833 with Meeting ID 867 2263 6109 and Passcode: 511479
3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at
https://www.ci.wheatridge.co.us/view
4. Attend in person.
1. CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
5. 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.)
6. PUBLIC HEARING *
No Cases to be heard.
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Planning Commission Agenda – May 16, 2024 Page 2
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Amanda Harrison, Public Information Officer at 303-235-2877
at least one week in advance of a meeting if you are interested in participating and need
inclusion assistance.
7. OLD BUSINESS
8. NEW BUSINESS
A. Planning Commission Training
B. Upcoming Dates
9. ADJOURNMENT
* Public comment is welcome during any public hearing item. The standard procedure for a
public hearing is as follows:
a. Staff presentation
b. Applicant presentation – if applicable
c. Public comment – time may be limited at the discretion of the Chair, often to 3 minutes
d. Staff/applicant response
e. Close public hearing
f. Commission discussion and decision
Memorandum
TO: Planning Commission
FROM: Jana Easley, Planning Manager
DATE: May 10, 2024 (for May 16 meeting)
SUBJECT: Training Topics
The City Attorney will be providing a training for the commission on several topics including:
• Quasi-judicial actions
• Conducting public hearings
• Taking action
• Exactions and conditions of approval
The training document is attached for reference.
WHEAT RIDGE PLANNING COMMISSION WORKSHOP
May 16, 2024
A. INTRODUCTIONS
B. QUASI-JUDICIAL ACTIONS
1. The quasi-judicial standard: Actions on zoning matters and on variance
requests or appeals from administrative officials are quasi-judicial, not
legislative. The consequences of the fact that an action is quasi-judicial
are several:
a. notice and hearing required
b. right to present witnesses and evidence
c. right to legal argument
d. no ex parte contacts allowed
e. right to an impartial decision maker
2. Ex parte contacts
a. Defined: contacts between the applicant or opponents and the
members of the body outside of publicly scheduled hearings and
meetings on the application.
b. Why should these contacts be avoided? Judges never talk to the
parties outside the courtroom. Neither should you. The consequence
of engaging in these contacts can be as severe as invalidating the
action of the commission.
c. How can ex parte contacts be avoided? If you are called by the
applicant or opponent and the matter is identified by them,
immediately advise them that as a commission member, it is improper
for you to talk about the case outside of the hearing room. Urge them
to bring their points of view and testimony to the hearing.
d. The prohibition extends to e-mails and written materials as well:
Make sure any materials you receive outside of the hearing are given
to the staff to be copied and shared with everyone at the time of
hearing.
e. What to do if an ex parte contact has occurred: Disclose the contact
at the beginning of the hearing; describe its content as completely as
possible. In an extreme case, you may be required to step down and
not further participate.
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3. Right to an impartial decision maker
a. Like judges, you should not decide the case before hearing the
evidence.
b. Refrain from “signaling” your opinion before the testimony is
complete.
c. You should not attend and speak on the application at other meetings
prior to final decision of the body of which you are a member.
d. You may not contact adjacent property owners or residents or the
applicant to research the application before the hearing.
C. CONDUCTING PUBLIC HEARINGS
1. Goal: That Commission members and public attendees leave the hearing
feeling it was fair and their views were heard and appreciated.
2. Some Suggested Rules:
a. Announce the rules and applicant’s rights at the beginning, then stick
to them.
b. If a large number have signed up, divide the available time and assign
it at the beginning.
e. Suggest speakers do not repeat prior testimony if they cans state they
agree with an earlier speaker.
f. Public testimony is to be directed to the Commission – speakers may
not direct questions to staff or the applicant (both staff and applicant
will have an opportunity at the end of the testimony to answer those
questions.
g. Make sure that all attendees at the public hearing know they have the
right to speak.
h. Give witnesses your full attention.
i. Thank all the speakers for appearing.
3. What testimony is admissible?
a. There is no prohibition or limitation on kind or nature of testimony in
the Wheat Ridge Code of Laws.
b. Relaxed rules of evidence apply in administrative hearings.
c. Hearsay: “I heard G. Dahl say that: [Where Dahl is not present and
cannot be cross examined.] Hearsay is admissible.
d. It is appropriate for the Commission to consider the weight and
credibility of testimony.
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e. Consider all the testimony and evidence. Don’t let the number of
people for or against the application determine your decision.
4. Applicant Rights
a. To make a full presentation
b. To present multiple witnesses
c. To respond after public comment closes
D. TAKING ACTION
1. Importance of findings and reasons for approval or denial
a. “[A] record of proceedings before the Board must contain details of the
evidence presented and proper grounds and reasons to support its
decision.” Murray v. Board of Adjustment of Larimer County.
b. Draw your conclusions from the evidence in the record made during
the hearing.
c. Your decision must be based on whether or not the application
complies with the Code of Laws, not whether you as a Commissioner
like or do not like the project, or feel a different project would be a
better fit for the property.
d. The applicant is in charge of what their application contains, not the
Commission. Commissioners may not conduct separate research and
attempt to enter it into the hearing record.
e. Relate the evidence against the criteria in the Code of Laws.
f. The staff-proposed motions are available and can be added to with
additional statements by the maker of the motion. If taking the opposite
motion, provide Code-based reasons.
2. Amendments to Motions
a. Must be germane to the main motion
b. Good way to add one or a series of conditions
3. Stick to the request before you
a. Apply the same standards of relevance to your comments and decision
that you would want to see in public testimony.
b. Rezoning and comp plan amendments are the only opportunity to
consider land use and density
c. If it is a rezoning case, do not engage in site planning (ex: parking,
open space).
d. The Applicant is in charge of its application. If the request is for
rezoning to C-1, that is what you vote on.
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4. Grounds for Denial
a. Appropriate grounds for denial: anything in the applicable portions of
Chapter 26.
b. Inappropriate grounds for denial: failure of developer to volunteer a
condition which could not independently be imposed by the City;
Commissioner belief that the project is the wrong use or density when
the zoning in place allows this.
5. Failed Motions
a. Failed motion means no recommendation (unlike BOA).
b. If a motion fails, someone on the prevailing side should immediately
move to recommend the opposite position.
E. EXACTIONS AND CONDITIONS OF APPROVAL
What can the City require as conditions of approval of a land use case? Are
there different “rules” depending upon the type of case? What are permitted
grounds for denial?
1. Commonly imposed conditions relate to site design or timing.
2. Commonly imposed exactions: land dedication; park fees; facilities to be
dedicated to public use.
3. Nollan v. California Coastal Commission, (California 1982): reasonable
relationship between the exaction / condition and a legitimate government
interest required.
4. Dolan v. Tigard, (Oregon 1994): “rough proportionality” between the
exaction and the impact sought to be mitigated
5. Regulatory takings: the outside limit of permitted regulation: no right to
“highest and best use.”
6. Acceptable conditions to recommend be imposed (examples):
a. Land dedication requirements (typically, right-of-way; rely on staff
recommendation)
b. Corrections to the plat
c. Conditions which support enforcement of the technical requirements of
Chapter 26 (eg: drainage easements)
d. Requirements for maintenance of common elements (eg: requirement
to establish an HOA)
e. Preservation of trees and vegetation – Code Sec. 26-414.D: “Natural
features and vegetation of the area must be preserved it at all
possible.”
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f. Redirecting traffic patterns – Code Sec. 26-414.B: “The residents of
the City must have available to them within the area, safe and
convenient movement to points of destination or collection. Modes of
travel to achieve this objective should not conflict with each other or
abutting land uses.
g. Conditions offered by the applicant
7. Conditions which are not permitted:
a. Density restrictions (if site plan review)
b. Matters outside the scope of the applicable portions of Chapter 26
c. Conditions which have no Code basis
d. Conditions which actually redesign the application
8. Technical Requirements
a. The City has professional staff to review drainage plans and
development design.
b. Trust your staff
c. Best time to ask staff questions: before the hearing