Planning and Zoning Commission

Planning and Zoning Commission TO: CITY OF CENTENNIAL PLANNING AND ZONING COMMISSION SUBJECT: REGULAR MEETING DATE AND TIME: June 12, 2013, 7:00 PM PLACE: *COUNCIL CHAMBERS, 13133 E. ARAPAHOE ROAD* MINUTES I. CALL TO ORDER The meeting was called to order at 7:02 p.m. II. ROLL CALL Those present were: Chair Pro Tem Russ Powell Commissioner Michael Sutherland Commissioner Andrea Suhaka Commissioner Richard Baird Commissioner Lynn Goering Commissioner Frank Halcromb Commissioner Don Gregg Those absent were: Chairman Martin Hill Jr. Commissioner Johnathan Sims Also present were: Marcus McAskin, Deputy City Attorney Andrew Firestine, Deputy Director of Community Development Derek Holcomb, Planner II Jeanne Shaffer, Planner II Lisa Gajowski, Recording Secretary Chair Pro Tem Powell administered the oath of office to Don Gregg. Following Mr. Gregg’s swearing in, he was seated as a member of the Planning and Zoning Commission. Mr. Gregg fills the vacancy created by the resignation of Commissioner Bonnie Banks. a. Alternate Selection for Voting Purposes Commissioner Halcromb and Commissioner Gregg were appointed voting commissioners in the absence of Commissioner Sims and Chairman Hill. III. CONSENT AGENDA The Consent Agenda can be adopted by a simple motion. The Consent Agenda will be read aloud prior to a vote on the motion. Any Consent Agenda item may be removed from the Consent Agenda at the request of a Planning and Zoning Commissioner for individual consideration. Minutes – Planning and Zoning Commission June 12, 2013 Page 2 a. Consideration of Resolutions (none) b. Consideration of Other Items (none) c. Approval of May 22, 2013 Minutes Commissioner Andrea Suhaka moved approval of the Consent Agenda, as presented. Commissioner Frank Halcromb seconded the motion. With all (7) present voting AYE, none (0) voting NAY and two absent, the Consent Agenda was approved. IV. LAND USE APPLICATIONS/PUBLIC HEARINGS a. LU-13-00106, Ranches of Cherry Creek - City initiated rezoning. Jeanne Shaffer presented. This case is a City initiated rezoning and affects Lots 1 through 4 and Tract A, Block 4, The Ranches of Cherry Creek 1st Filing, consisting of 2.638 acres, more or less. Andrew Firestine, Deputy Director of Community Development noted that this case, consisting of a City initiated rezoning, has been amended by City staff to include a portion of Lot 1, Block 1, The Ranches of Cherry Creek 1st Filing (Arapahoe County Parcel ID number: 2073-19-1-16-002), consisting of 11.5 acres, more or less. This property was previously zoned A-1 under the 2001 LDC and was included in the 2011 legislative rezoning, which changed the zoning to NC-18 (Neighborhood Conservation). Staff is recommending that this additional parcel be included in this City-initiated rezoning action and that the zoning of the additional parcel be restored to A-1 zoning under the 2001 LDC. Mr. Firestine noted for the record that an authorized representative of the property owner of the entire 14.138 acres, more or less, was present at the meeting and has consented to the inclusion of the additional property in this City-initiated rezoning. Deputy City Attorney Marcus McAskin recommended revisions to the motion for approval to properly identify the additional property included in the City-initiated rezoning. Commissioner Michael Sutherland incorporated the revisions as recommended by the Deputy City Attorney and moved that Case Number LU-13-00106, Ranches of Cherry Creek Official Zoning Map amendment, as amended at the June 12, 2013 Planning and Zoning Commission hearing to include a portion of Lot 1, Block 1 Ranches of Cherry Creek 1st Filing, Arapahoe County Parcel ID number 2073-19-1-16-002 and consisting of 11.5 acres more or less, be recommended to City Council for approval based on Staff’s recommendation on page five of the staff report dated June 5, 2013 and further based on Staff’s recommendations set forth at the June 12, 2013 meeting with the following conditions of approval: Minutes – Planning and Zoning Commission June 12, 2013 Page 3 1. The ordinance approving the amendment to the Official Zoning Map will be recorded by the City Clerk in the Office of the Arapahoe County Clerk and Recorder. Commissioner Frank Halcromb seconded the motion. Commissioner Baird, Commissioner Goering, Commissioner Gregg, Commissioner Halcromb, Commissioner Suhaka, Commissioner Sutherland and Chair Pro Tem Powell voted AYE and none voted NAY; with two Commissioners absent. The motion was approved by a vote of 7 AYE and 0 NAY. b. LU-13-00062, Arapahoe Plaza Rezoning Plan Derek Holcomb presented the Arapahoe Plaza Rezoning Plan and the Arapahoe Plaza Site Plan. Bruce McClennan, SEM Architects, presented on behalf of the Applicant. Commissioner Frank Halcromb moved that case number LU-13-00062, Arapahoe Plaza Rezoning Plan, be recommended to City Council for approval based on Staff's findings set forth in the staff report dated June 5, 2013. Commissioner Andrea Suhaka seconded the motion. Commissioner Baird, Commissioner Goering, Commissioner Gregg, Commissioner Halcromb, Commissioner Suhaka, Commissioner Sutherland and Chair Pro Tem Powell voted AYE and none voted NAY; with two Commissioners absent. The motion was approved by a vote of 7 AYE and 0 NAY. b. LU-13-00063, Arapahoe Plaza Site Plan Commissioner Andrea Suhaka moved that case number LU-13-00063, Arapahoe Plaza Site Plan, be recommended to City Council for approval based on Staff's findings set forth in the staff report dated June 5, 2013. Commissioner Lynn Goering seconded the motion. Commissioner Baird, Commissioner Goering, Commissioner Gregg, Commissioner Halcromb, Commissioner Suhaka, Commissioner Sutherland and Chair Pro Tem Powell voted AYE and none voted NAY; with two Commissioners absent. The motion was approved by a vote of 7 AYE and 0 NAY. d. LU-13-00099, Race Street Apartments Variance Request Derek Holcomb presented. Dan O'Brien, 1101 Bannock Street, Denver, presented on behalf of the Applicant. Valerie Eberhart of 6912 S. High Street spoke in opposition to the variance and rezoning requests. Minutes – Planning and Zoning Commission June 12, 2013 Page 4 Commissioner Lynn Goering moved to approve Resolution No. 2013-PZ-R-08, a resolution approving a variance from minimum lot size requirements in the RU zone district under the 2011 Land Development Code, based on the findings set forth in the staff report dated June 5, 2013. Commissioner Frank Halcromb seconded the motion. Discussion ensued. Commissioner Suhaka expressed reservations with whether the applicant has sufficiently proven that strict compliance with the terms of the LDC would result in unreasonable hardship, which is one of the required criteria that must be met before a variance is approved. Commissioner Baird also expressed reservations with the applicant’s ability to prove all of the criteria required for a variance, namely Section 12-14-801(F)(6) (that the variance will not adversely affect the public health, safety or welfare). Commissioner Baird articulated that an argument may be made that the granting of the requested variance will adversely affect the public health, safety or welfare, namely that the requested variance may negatively impact adjacent property owners. Commissioner Goering, Commissioner Gregg, Commissioner Halcromb, Commissioner Sutherland and Chair Pro Tem Powell voted AYE and Commissioner Baird and Commissioner Suhaka voted NAY; with two Commissioners absent. The motion was approved by a vote of 5 AYE and 2 NAY. e. LU-13-00100, Race Street Apartments Rezoning Plan Commissioner Lynn Goering moved that case number LU-13-00100, Race Street Apartments Rezoning Plan, be recommended to City Council for approval based on the findings set forth in the staff report dated June 5, 2013. Commissioner Frank Halcromb seconded the motion. Commissioner Baird, Commissioner Goering, Commissioner Gregg, Commissioner Halcromb, Commissioner Sutherland and Chair Pro Tem Powell voted AYE and Commissioner Suhaka voted NAY; with two Commissioners absent. The motion was approved by a vote of 6 AYE and 1 NAY. V. OTHER BUSINESS VI. LONG RANGE AGENDA VII. ADJOURNMENT Minutes – Planning and Zoning Commission June 12, 2013 Page 5 The meeting was adjourned at 8:32 p.m. Martin Hill, Jr.____________________ Martin Hill, Jr., Chairman Lisa J. Gajowski_____________________ Lisa J. Gajowski, Recording Secretary