Planning and Zoning Commission

Planning and Zoning Commission CITY OF CENTENNIAL PLANNING AND ZONING COMMISSION REGULAR MEETING February 12, 2014, 7:00 PM *COUNCIL CHAMBERS, 13133 E. ARAPAHOE ROAD* MINUTES I. CALL TO ORDER The meeting was called to order at 7:00 p.m. II. ROLL CALL a. Alternate Selection for Voting Purposes Those present were: Chairman Russ Powell Commissioner Richard Baird Commissioner Lynn Goering Commissioner Don Gregg Commissioner Frank Halcromb Commissioner Marty Hill Commissioner Johnathan Sims Commissioner Andrea Suhaka Commissioner Michael Sutherland Also present were: Marcus McAskin, Deputy City Attorney Andrew Firestine, Deputy Director of Community Development Jeff Brasel, Deputy Director of Community Development Heather Vidlock, Principal Planner Amy Johnson, Planner I Lisa Gajowski, Recording Secretary Claire Girardeau, Youth Commissioner 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. a. Consideration of Resolutions b. Consideration of Other Items c. Approval of Minutes i. January 22, 2014 Planning and Zoning Commission Minutes Commissioner Suhaka moved approval of the Consent Agenda as presented. Commissioner Sims seconded the motion. Minutes – Planning and Zoning Commission February 12, 2014 Page 2 With all present (7) voting AYE, and none (0) voting NAY, the motion was approved. IV. LAND USE APPLICATIONS/PUBLIC HEARINGS a. Cherry Hills Assisted Living Rezoning (LU-13-00242) Commissioner Sims recused himself from this public hearing due to a conflict of interest; Commissioner Halcromb was appointed a voting commissioner for this case. Jeanne Shaffer, Planner II, presented. Greg Wrench, Owner and Applicant, answered questions from the Commissioners. Chairman Powell closed the public hearing. Commissioner Sutherland moved to approve case number LU-13-00242, Cherry Hills Assisted Living and Memory Care Rezoning Plan, be recommended to City Council for approval based on the Planning and Zoning Commission’s finding that the proposed rezoning satisfies the approval standards set forth in Section 12-14-604 (E) of the 2011 Land Development Code, as summarized in the staff report and recommendation dated February 5, 2014. Commissioner Suhaka seconded the motion. Commissioner Hill stated he will not vote to place any building, including an assisted living center, in a flood plain out of concern for public safety. Commissioner Goering also expressed concerns about building in a floodplain. With Commissioners Baird, Halcromb, Suhaka and Sutherland voting AYE and Commissioners Goering, Hill and Chairman Powell voting NAY the motion was APPROVED by a vote of 4 AYE and 3 NAY. b. 2011 LDC Amendment - OSR Maximum Building Height Amy Johnson, Planner I, presented. Commissioner Sims moved that the amendment to the 2011 Land Development Code as summarized in the staff report dated February 5, 2014 and as set forth in full in attachment 1 to the staff report be recommended to City Council for approval. Commissioner Hill seconded the motion. With Commissioners Baird, Goering, Hill, Sims, Suhaka, Sutherland and Chairman Powell voting AYE and none voting NAY the motion was APPROVED by a vote of 7 AYE and 0 NAY. c. LU-14-00019, Centennial Center Park Height Variance Amy Johnson, Planner I, presented. Minutes – Planning and Zoning Commission February 12, 2014 Page 3 Heather Vidlock, Principal Planner, answered questions. Commissioner Hill moved that the Planning Commission find itself in agreement with the following findings of fact: 1. Approval criterion number 3 requires that the granting of a variance not result from the actions of the applicant. Since the City wrote the ordinance from which it is requesting a variance, we cannot agree that the City did not cause the condition from which it seeks relief. 2. Criterion number 13 requires that no other relief is available to the City. In fact, the City is in the process of changing the City ordinance from which it is requesting relief, thereby disqualifying itself from the presumption that no other relief is available. 3. Citizens and corporations are required to live within the City zoning ordinance, it is appropriate that the City live within its legal creations as well. Based on these three findings I move that we not approve the requested variance. The motion failed for lack of a second. Commissioner Suhaka moved to approve Resolution No. 2014-PZ-R-03, a resolution of the City of Centennial, case number LU-14-00019, based on a finding of the Planning and Zoning Commission that the variance application meets all of the approval standards set forth in Section 12-14-801(F) of the 2011 Land Development Code, as specified in the staff report dated February 5, 2014. Commissioner Baird seconded the motion. Commissioner Hill stated that when the Planning and Zoning Commission became the decision making body for variances they became a quasi-judicial process. He stated that the Commission needs to look at the variance objectively. Were this request from a homeowner or developer, the Commission would apply the variance criteria as outlined in the 2011 Land Development Code and deny the request. Commissioner Goering concurred with Commissioner Hill. With Commissioners Baird, Suhaka and Chairman Powell voting AYE and Commissioners Goering, Hill, Sims and Sutherland voting NAY the motion was DENIED by a vote of 3 AYE and 4 NAY. Commissioners Sims and Sutherland concurred with Commissioner Hills observations when casting their nay votes. V. UDATES Andy Firestine, Deputy Director of Community Development, let the Commission know that the McDonald’s Final Development Plan (LU-13-00201) was unanimously approved by City Council on February 3, 2014. Minutes – Planning and Zoning Commission February 12, 2014 Page 4 VI. LONG RANGE AGENDA a. February 12, 2014 Long Range Agenda VII. ADJOURNMENT The meeting was adjourned at 7:43 p.m. THE NEXT REGULAR MEETING WILL BE HELD 02/26/2014, 7:00 PM Russ Powell _______________________________ Russ Powell, Chairman Lisa J. Gajowski ____________________________ Lisa J. Gajowski, Recording Secretary