PLANNING COMMISSION A G E N D A August 15, 2013

Transcription

1 PLANNING COMMISSION A G E N D A August 15, 2013 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on August 15, 2013 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES 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.) 7. PUBLIC HEARINGS A. Case No. MS-13-03: An application filed by Stephen W. Trout for 2-lot minor subdivision with right-of-way dedication for property zoned Residential One (R-1) located at 3785 Independence Street. 8. OTHER ITEMS A. Discussion Regarding Land Use Case Processing & Sustainability 9. ADJOURNMENT

2 PLANNING COMMISSION Minutes of Meeting 1. CALL THE MEETING TO ORDER The special meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam Monica Duran Tracy Guildner Dick Matthews Scott Ohm Steve Timms Commission Members Absent: Amanda Weaver Staff Members Present: Meredith Reckert, Senior Planner Kim Waggoner, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner BUCKNAM to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES June 6, It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to approve the minutes of June 6, 2013 as written. Motion approved 4-0 with Commissioners MATTHEWS, GUILDNER AND OHM abstaining. Planning Commission Minutes - 1

3 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. Chair BRINKMAN stated there are 2 openings on the Planning Commission and urged any interested audience members or television viewers to contact their local Councilperson if they are interested in applying for an open position. 7. PUBLIC HEARING Chair BRINKMAN reopened continued case PBG A. Case No. PBG-13-01: An application filed by Urban Green Development for a planned building group for 26 new residences (single family, duplexes and row houses) for property zoned Residential Three (R-3) and Neighborhood Commercial (NC), located at 5801 W. 38 th Avenue/4000 Fenton Court. This case was continued from 05/16/13. This case was presented by Meredith Reckert. She stated this case was continued from May 16, She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She stated the accompanying setback variances were approved on May 16, She reviewed the staff report and digital presentation. The flag pole has been modified to be a public pedestrian easement and private vehicular access for the residents on Eaton Street. Staff recommends approval of the planned building group. Commissioner TIMMS inquired where the condition for the 20 foot entry drive is located and asked about the feasibility of a recommendation for park fees to be utilized in the existing area. Ms. Reckert pointed out where she believed the street widening is required in the northeast portion of the property. She indicated the Planning Commission does not have jurisdiction to comment on the Parks Commission s recommendation. Park land fees will be discussed with City Council through the subdivision case. Commissioner MATTHEWS inquired about the placement of the 6 foot fence. Ms. Reckert stated the fence will be around the perimeter of the flag portion of the lot not the alley which extends south to 38 th Ave. Commissioner GUILDNER inquired about the water district and if it is included in Public Works Department. Mr. Reckert stated Wheat Ridge water is separate from the City and they have responded but not in writing. Mark Young th St., Suite 1777, Denver, CO The applicant stated that all design requirements have been exceeded. Urban Green held a neighborhood meeting with the neighbors to discuss the alley and a compromise was made. Planning Commission Minutes - 2

4 Commissioner OHM inquired about the gate access. The applicant stated the proposed gate at the southern end of the pole portion of the lot will have a key pad. Neighbors who wanted to access it would be charged a fee. The fee is anticipated to be $10 per month and will be defined in the HOA documents for the maintenance of the path. Commissioner TIMMS asked for an update on the demolition and the contamination issues. The applicant stated the mitigation and demolition has been completed. The lab reports on the contaminated dirt are expected tomorrow. Commissioner TIMMS asked if more fill will have to be brought in since more dirt was removed than expected. The applicant stated the property is net positive for dirt and some will have to be exported when basements are constructed. Commissioner BUCKNAM inquired about the irrigation regiment for the landscaping changes on the pole portion of the lot. The applicant stated that section will not be irrigated but it will be re-vegetated and it will be maintained by the HOA. Commissioner BRINKMAN asked the applicant who will be given potential access through the gate with the keypad at the end of the flagpole. The applicant stated access will be limited to the residents of the adjacent properties. Commissioner BUCKNAM asked the applicant if the three foot wide pedestrian gate is bicycle and stroller friendly. Mr. Young stated it is and it will not have a lock or keypad. Commissioner TIMMS asked if the agreement would extend to the lots on the western side at 39 th Ave. The applicant stated the agreement extends to all properties that join the alley way. Chair BRINKMAN opened the citizens comment portion of the meeting. Chris Whitehead 4040 Fenton Ct. Mr. Whitehead stated his concerns about safety and traffic. He requested installation of a speed bump and a street light on Fenton Ct. Ellen Goodnight 5825 W. 39 th Ave. Ms. Goodnight stated her concerns about privacy due to the two story duplexes and noise due to air conditioning units. Ms. Goodnight suggested the addition of columnar trees for privacy and stated her concern about the possible removal of existing flowering crab trees. Gary Wardle 5920 W. 39 th Pl. Mr. Wardle stated his appreciation for the quality of the proposed development. He stated the drawing does not show the tapered access on 39 th Place. He has concerns for Planning Commission Minutes - 3

5 traffic calming and sight distance and suggested signage. He expressed his disappointment of the dust mitigation with the removal of the hazardous dirt and said 38 th Avenue needs to be utilized for trucks as 39 th Place is not appropriate. Albert Hohl 5947 W. 39 th Pl. Mr. Hohl stated the trucks and equipment being utilized has not been loud and expressed his appreciation for that. He understood why 39 th is utilized for the trucks as it is not practical to use other routes. Dave Newson 3985 Eaton St. Mr. Newson stated the $120 annual fee to utilize the gate keypad is unreasonable. He asked if he could make an arrangement with the HOA to use it intermittently instead of monthly. Sheldon Ronholdt 4075 Fenton Ct. Mr. Ronholdt asked when construction will begin and whether City Council approves the construction. Mr. Reckert stated the subdivision plat case will be heard by City Council on July 8 th and permitting needs to occur before construction begins. Mr. Westberg stated the right-of way dedication will be reviewed by City Council on July 8 th and Public Works has to receive and review detailed engineering drawing with the detailed tapering that occurs from the west of the development to 39 th Place. Mr. Ronholdt asked if the City of Wheat Ridge will do snow plowing on Fenton Ct. Mr. Westberg stated since it is a public street it will be plowed on the same frequency as any other public street. Dave Newson 3985 Eaton St. Mr. Newson inquired about fire prevention on the flag pole and stated the gate needs to accommodate a fire vehicle and the fire department should have the access code to the gate. Chair BRINKMAN closed the public citizens comment and asked the applicant to address questions from the citizens. The applicant stated either mechanism or combination of speed bumps and signage for traffic and safety would be considered. The street lighting and tree/brush requirement has been met. The final drawing will show the street tapering. Due to state requirements the alley was not utilized for the dirt removal. There will be monthly fees instead of an annual fee for the flagpole keypad access and there will not be a fence along the flagpole. Construction will begin as soon as possible and Urban Green intends to submit the first building permits on July 9 th if City Council approves the dedication for the right-of-way. Planning Commission Minutes - 4

6 The HOA will pay for snowplowing for parking areas and private access areas. The fire department will have access to the keypad on the flag pole. The opening will be dictated by the width of an emergency vehicle. Commissioner BUCKNAM inquired about the placement of air conditioning units. The applicant stated Urban Green will consider placement of the units. All units will be high efficient and will comply with city code. The six foot fence will assist as a sound barrier. Commissioner TIMMS inquired about the requirements for marketing signage and if any proposed signage is being considered. The applicant stated signage is expected on 38 th and at the entry of the project. Ms. Reckert stated off premise signage is not allowed. Commissioner DURAN stated the neighbors are concerned about traffic flow on Fenton and 39 th. She asked who would be responsible for signage or speed bumps to slow traffic on those streets. Mr. Westberg stated any additional signage would have to be approved by Public Works and there are criteria for speed bumps that would have to be met. Commissioner DURAN inquired about lighting. Mr. Westberg stated any existing street lighting would be reviewed during the engineering review. Any existing lights would not be removed, but relocated. Commissioner OHM asked the applicant if they would consider working with staff to add trees to mitigate privacy concerns on the west and south where the patio homes and the three-story homes are located. The applicant replied yes. Albert Hohl 5947 W. 39 th Pl. Mr. Hohl asked for an explanation of the tapering on 39 th Place. Mr. Yong stated the street narrows on 39 th Pl. The pavement can be joined perfectly but the sidewalks need to taper in to join the sidewalks on 39 th Pl. Darcy Wardle 5920 W. 39 th Pl. Ms. Wardle stated at the previous hearing, if the setback variances were approved the three story homes would be removed. Mr. Westberg stated there may have been some confusion about the location of the three story homes. The applicant stated a height variance was not requested. Commissioner BUCKNAM stated the last meeting discussed two variances. One was for distance of the buildings from the street and there was no discussion about three floor variances. Commissioner OHM asked if a condition should be added for trees on the south and west of the subdivision. Ms. Reckert stated the condition could direct the applicant to work with staff to add additional vertical landscaping. Planning Commission Minutes - 5

7 It was moved by Commissioner OHM and seconded by Commissioner BUCKNAM to approve Case No. PBG-13-01, a request for approval of a, planned building group site on property zoned R-3 and NC at 5801 W. 38 th Avenue/4000 Fenton Court for the following reasons: 1. The proposed site plan is less impactive and more in character with the neighborhood than traditional multi-family development. 2. The application complies with the applicable standards set forth in the Architectural and Site Design Manual. 3. The application is in compliance with the PBG evaluation criteria. With the following conditions: 1. The applicant continue working with the planning staff to ensure the requirements for façade treatment, articulation and transparency can be met. 2. A six foot high solid perimeter fence be built around the flag portion of the development. 3. The entry passage accessing the existing single family should be widened to a minimum of 20 feet. 4. The applicant work with staff to add additional trees on the south and west sides to screen the two and three story homes. Motion approved 7-0. Commissioner GUILDNER left the hearing at 8:38 p.m. B. Case No. MS-13-02: An application filed by Urban Green Development for approval of a 2-lot subdivision with right-of-way dedication located at 5801 W. 38 th Avenue/4000 Fenton Court. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear this case. She reviewed the staff report. The projector was not working so the digital presentation could not be viewed on the screen and monitors on the dais. Staff recommends approval of the 2-lot subdivision. Commissioner BUCKNAM noted a typographical error on sheet 1, item 3 of the plat document. He asked if the street being dedicated will be addressed Fenton Ct. until it meets 39 th Pl. Ms. Reckert stated yes. Planning Commission Minutes - 6

8 Commissioner MATTHEWS stated there minimal impact on Commissioners due to the lack of the audio/visual as they have had their packet with a complete set of plans since last Friday. Commissioner TIMMS asked if the proposed subdivision rendered the existing house non-confirming based on the setbacks. Ms. Reckert stated no. Chair BRINKMAN asked if there are cofferdams on the storm sewer or is it more traditional. Mr. Westberg stated they will have to install a storm sewer line down Fenton. That will be reviewed with the final documents. Chair BRINKMAN closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to approve Case No. MS-13-02, a request for approval of a 2-lot subdivision plat for property located at 5801 W. 38 th Avenue/4000 Fenton Court for the following reasons: 1. The proposed plat is consistent with the design concept approved in PBG approval. 2. The plat accommodates historical use of the strip of land extending out to 38 th Avenue for access by adjacent properties on Eaton Street. 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer s expense. With the following conditions: 1. City staff will require submittal of review and approval of HOA covenants to ensure that there are adequate provisions for maintenance of the common elements. 2. Typographical errors be corrected on the plat documents. Motion approved 6-0. Chair BRIKMAN stated this case will be heard by City Council on July 8th. 8. OTHER ITEMS A. Commissioner BUCKMAN asked staff about neighborhood meeting requirements. Ms. Reckert stated the PBG process is a discretionary review for design. Density, nuisance and zoning are not being reviewed. Special uses and zone changes require Planning Commission Minutes - 7

9 neighborhood meetings as adjacent property owners have rights to file formal protests against applications. B. Chair BRINKMAN stated the meeting scheduled for July 4 th has been canceled. Ms. Reckert stated there may not be a meeting on July 18 th either but there will be a meeting on August 1 st. 9. ADJOURNMENT It was moved by Commissioner DURAN and seconded by Commissioner MATTHEWS to adjourn the meeting at 9:03 p.m. Motion carried 6-0. Anne Brinkman, Chair Kim Waggoner, Recording Secretary Planning Commission Minutes - 8

10 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: August 15, 2013 CASE NO. & NAME: MS / Fox Hill ACTION REQUESTED: Request for approval of a two-lot minor subdivision with right-of-way dedication on property zoned Residential-One (R-1) LOCATION OF REQUEST: 3785 Independence Street APPLICANT(S): Stephen W. Trout PROPERTY OWNER(S): Robert B. Trout APPROXIMATE AREA: 25,794 Square Feet (0.59 Acres) PRESENT ZONING: PRESENT LAND USE: Residential-One (R-1) Single-family home ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Site Planning Commission 1 Case No. MS / Fox Hill

11 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two-lot minor subdivision with right-of-way dedication on property zoned Residential-One (R-1) and located at 3785 Independence Street. The purpose of the request is to create two lots: one lot for an existing home and a second for development of a new single family home to the west. A subdivision involving two lots is processed as a minor subdivision. In this case, because the plat includes a right-of-way dedication, Planning Commission will make a recommendation to City Council which is the final authority for approval. II. EXISTING CONDITIONS The property is zoned Residential-One (R-1) and is located at 3785 Independence Street, two lots south of W. 38 th Avenue (Exhibit 1, Aerial). The property is zoned Residential-One (R-1) and is surrounded on three sides by properties that are also zoned R-1 and contain single-family homes. To the east across Independence Street are properties zoned R-2. Based on Jefferson County Assessor records, the subject property is 25,794 square feet in size (0.59 acres). A single family home is located on the east side of the property which was originally constructed in An unimproved driveway serves the property and provides access off of Independence Street. The property is part of the Westhaven Subdivision which was originally platted in 1950 (Exhibit 2, Westhaven Subdivision). It appears that several properties in the subdivision were subsequently divided without going through a subdivision process. The subject site is comprised of the northern 125 feet of lots 4 and 5. The applicant is proposing to formally subdivide the property into two lots, such that the existing home sits on its own lot and the remaining portion of the property may be used for development of a new single family home. The property is currently owned by the applicant s family, and the new lot would either be developed by the family or sold. III. PROPOSED SUBDIVISION PLAT Lot Configuration The proposed subdivision plat will result in two development lots (Exhibit 3, Proposed Plat). Lot 1 will meet minimum lot size and lot width requirements for a single-family home in R-1. The existing home will also meet minimum setback requirements from the newly created lot lines. Lot 2 is designed as a flag lot and also meets minimum size and width requirements. A 25-foot wide pole portion will allow a driveway and utilities to extend directly from Independence Street to the new lot. Right-of-way Dedication When new properties are created in the City through the subdivision process, staff reviews adjacent street improvements to confirm they meet current roadway design and drainage standards. In order to promote high-quality, multi-modal streets throughout Wheat Ridge, the Bicycle and Pedestrian Master Planning Commission 2 Case No. MS / Fox Hill

12 Plan establishes design standards for the City s bike/ped routes and Independence Street is a designated route. When a new subdivision is platted along bicycle and pedestrian routes, right-of-way dedication and/or installation of streetscape improvements are typically required. In this case, the existing right-of-way width for Independence Street is slightly substandard, so a 2.5- foot wide right-of-way dedication is shown on the plat. Based on the adopted master plan, the standard street section in this area should include a 5-foot wide detached sidewalk and a 5-foot tree lawn. Because sidewalk is intermittent along Independence Street, the applicant was given a choice of either installing a new sidewalk and tree lawn within the right-of-way or paying a fee in lieu. The applicant has expressed preference to pay a fee in lieu. The amount owed is based on the length of the street frontage and is estimated by the Public Works Department to be $3, The fee will be due upon recordation of the plat. Easements The development covenants for the original Westhaven Subdivision established drainage and utility easements along all side and rear property lines. While the City does not enforce private covenants, this easement bisects the property and is therefore proposed to be vacated by the plat. Standard easements are created along the property lines for both lots. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the consolidation plat regarding the ability to serve the property. There were substantive comments received regarding provision of water service, and the issue has been resolved. Specifically, Independence Street is a district boundary for the water districts that serve the area. The west side of the street, including the existing home on the subject property, is served by Consolidated Mutual Water District. Wheat Ridge Water District serves properties on the east side of the street (Exhibit 4, Water Districts). The only water main within Independence Street is maintained by Wheat Ridge Water District. For this reason, the two districts have signed an agreement allowing Lot 2 to remain within the service area boundary of Consolidated Mutual, but to be served by Wheat Ridge Water District. Wheat Ridge will sign the Water Supply License when a new tap application is submitted. Specific referral responses follow: Wheat Ridge Public Works: The plat has been reviewed and approved. Wheat Ridge Parks and Recreation Commission: A fee in lieu of parkland dedication for the new single family lot will be required. Wheat Ridge Fire District: Can serve; no concerns. Westridge Sanitation District: Can serve; no concerns. Xcel Energy: Can serve; no concerns. Planning Commission 3 Case No. MS / Fox Hill

13 Wheat Ridge Water District: Has agreed to serve. Consolidated Mutual Water District: Has agreed to allow Wheat Ridge Water District to serve. Comcast Cable: No concerns. Qwest Communications: No comment. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed minor subdivision plat is compliant with Article IV (subdivision regulations) of the zoning and development code. For this reason, Staff recommends approval of the plat with the conditions listed below. V. SUGGESTED MOTIONS Option A: I move to APPROVE Case No. MS-13-03, a request for approval of a two-lot minor subdivision plat on property zoned Residential-One (R-1) and located at 3785 Independence Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer s expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 3. Fees in lieu of streetscape improvements be provided prior to recording the plat. 4. Fees in lieu of parkland dedication be provided prior to recording the plat. Option B: I move to DENY Case No. MS-13-03, a request for approval of a two-lot minor subdivision plat on property zoned Residential-One (R-1) and located at 3785 Independence Street, for the following reasons: Planning Commission 4 Case No. MS / Fox Hill

14 EXHIBIT 1: AERIAL The subject property is located at 3785 Independence Street and is highlighted in blue below. Planning Commission 5 Case No. MS / Fox Hill

15 EXHIBIT 2: WESTHAVEN SUBD. The image below is an excerpt from the Westhaven Subdivision which was originally approved in The subject property is comprised of the northern 125 feet of Lots 4 and 5. Planning Commission 6 Case No. MS / Fox Hill

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17 EXHIBIT 4: WATER DISTRICTS The map below shows the boundaries of the water districts which serve the neighborhood. The only water main within Independence Street is maintained by Wheat Ridge Water District. For this reason, the two districts have signed an agreement allowing Lot 2 of Fox Hill Subdivision to remain within the service area boundary of Consolidated Mutual, but to be served by Wheat Ridge Water District. Planning Commission 7 Case No. MS / Fox Hill