Planning and Zoning Commission

Planning and Zoning Commission CITY OF CENTENNIAL PLANNING AND ZONING COMMISSION REGULAR MEETING March 26, 2014, 7:00 PM *COUNCIL CHAMBERS, 13133 E. ARAPAHOE ROAD* MINUTES I. CALL TO ORDER The meeting was called to order at 7:01 p.m. II. ROLL CALL Those present were: Chairman Russ Powell Commissioner Martin Hill Jr. Commissioner Johnathan Sims Commissioner Lynn Goering Commissioner Don Gregg Commissioner Frank Halcromb Those absent were: Commissioner Michael Sutherland Commissioner Andrea Suhaka Commissioner Richard Baird Also present were: Andrew Firestine, Deputy Director of Community Development Marcus McAskin, Deputy City Attorney Derek Holcomb, Senior Planner Jeanne Shaffer, Planner II Amy Johnson, Planner I Lisa Gajowski, Recording Secretary Karen Brookes, Administrative Assistant a. Alternate Selection for Voting Purposes Commissioners Gregg and Halcromb were appointed voting commissioners in the absence of Commissioners Baird, Suhaka and Sutherland. 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. Commissioner Martin Hill Jr. moved approval of the consent agenda. Commissioner Johnathan Sims seconded the motion. With Commissioners, Goering, Hill, Gregg, Halcromb, Sims, and Chairman Powell voting AYE and none voting NAY the consent agenda was APPROVED by a vote of 6 AYE and 0 NAY. a.Consideration of Resolutions Minutes – Planning and Zoning Commission March 26, 2014 Page 2 b. Consideration of Other Items c. Approval of Minutes IV. LAND USE APPLICATIONS/PUBLIC HEARINGS a. Go Toyota FDP Amendment (LU-13-00245) Amy Johnson, Planner I, presented. Freddie Sparks, applicant, was available to answer questions. Commissioner Hill moved to recommend to City Council approval of Case No. LU-13-00245, Go Toyota Final Development Plan 4th Amendment, based on a finding that the application satisfies all applicable criteria set forth in section 11.1.4901 of the 2001 Land Development Code, as summarized in the staff report. Commissioner Frank Halcromb seconded the motion. With Commissioners, Goering, Hill, Gregg, Halcromb, Sims, and Chairman Powell voting AYE and none voting NAY the motion was APPROVED by a vote of 6 AYE and 0 NAY. b. Top Golf Rezoning (LU-14-00029) Jeanne Shaffer, Planner II, presented. Zach Shor, applicant, responded to questions from the Commissioners. Commissioner Sims moved that case number LU-14-00029, Top Golf 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 March 19, 2014. Commissioner Lynn Goering seconded the motion. With Commissioners, Goering, Hill, Gregg, Halcromb, Sims, and Chairman Powell voting AYE and none voting NAY the motion was APPROVED by a vote of 6 AYE and 0 NAY. c. Vectra Bank FDP (LU-13-00234) Shaffer Jeanne Shaffer, Planner II, presented. Commissioner Goering moved that case number LU-13-00234, Vectra Bank Final Development Plan, be recommended to City Council for approval based on the Planning and Zoning Commission’s finding that the FDP application meets all applicable criteria for approval, as summarized in the staff report dated March 19, 2014. Commissioner Frank Halcromb seconded the motion. With Commissioners, Goering, Hill, Gregg, Halcromb, Sims, and Chairman Powell voting AYE and none voting NAY the motion was APPROVED by a vote of 6 AYE and 0 NAY. Minutes – Planning and Zoning Commission March 26, 2014 Page 3 d. Learning Experience at Southfield Park Airport Influence Area Variance and FDP (LU-13-00056) Jeanne Shaffer, Planner II, presented. Adam Robenstein of Southfield Investment Group, LLC., 5150 E. Yale Ave. presented on behalf of the applicant presented and responded to questions from the Commissioners. Scott Boduch of the Cahen Architectural Group, 7076 S. Alton Way, Centennial, also presented and responded to questions from the Commissioners. Commissioner Goering moved that case number LU-14-00049, Children's Learning Experience Airport Influence Area Variance, be recommended to City Council for approval based on the Commissions finding that the application satisfies one or more of the standards set forth in section 12-14-803(C) of the 2011 Land Development Code as summarized in the staff report dated March 19, 2014 with the following condition: 1. Noise sensitive uses and buildings will be constructed in compliance with City noise mitigation construction requirements to achieve an interior noise level of not more than 45 DNL. Commissioner Martin Hill Jr. seconded the motion. Commissioners Sims expressed concerns with the location of the building as well as the safety and welfare of the children. Commissioner Sims further said that the proposed construction methods do not adequately address the noise of the airport. Commissioner Goering echoed the concerns of Commissioner Sims and said that she will be voting to deny the variance. Commissioner Gregg concurred with Commissioners Sims and Goering. He further stated that there are several other parcels for sale within a half mile of the proposed site that would not present the same challenges as the one currently proposed and stated he will be voting to deny the variance. With Commissioners Halcromb, Hill and Chairman Powell voting AYE and Commissioners Goering, Gregg and Sims voting NAY. the vote on the motion to recommend approval of the AIA Variance to City Council was tied (3 AYE to 3 NAY)1. Commissioner Hill moved that case number LU-13-00056, Children’s Learning Experience at Southfield Park Final Development Plan, be recommended to City Council for denial based on the following findings of fact: 1. The request does not meet all of the criteria of approval set forth in §11.1.4901 of the 2001 Land Development Code including but not limited to criteria §11.1.4901.C.2 and §11.1.4901.C.5, based on a finding that the FDP will not adequately protect the safety and welfare of the children that would be present on the subject property, and their families, given the proximity of the proposed use to Centennial Airport. Commissioner Sims seconded the motion. 1 Pursuant to Article VI, Section 3 of the Commission’s procedures and rules of order, any motion for a recommendation of approval failing to receive a majority vote shall result in a recommendation of denial. Minutes – Planning and Zoning Commission March 26, 2014 Page 4 With Commissioners Goering, Gregg, Halcromb, Hill, Sims and Chairman Powell voting AYE and none voting NAY the motion to RECOMMEND DENIAL OF THE FDP to City Council was APPROVED by a vote of 6 AYE and 0 NAY. e. Sonic Automotive FDP (LU-13-00254) Derek Holcomb, Senior Planner, presented. Robert Sanders, applicant, presented. Commissioner Hill moved that case number LU-13-00254, Sonic Automotive - Neighborhood Facility Final Development Plan, be recommended to City Council for approval based on staff's findings in the staff report dated March 19, 2014. Commissioner Johnathan Sims seconded the motion. With Commissioners, Goering, Hill, Gregg, Halcromb, Sims, and Chairman Powell voting AYE and none voting NAY the consent agenda motion was APPROVED by a vote of 6 AYE and 0 NAY. V. UPDATES Deputy Director of Community Development Andrew Firestine noted that City Council ratified the Jones District Sign Design program and approved the Cherry Hills Assisted Living rezoning Mr. Firestine also noted that the next meeting, on April 9th, will start at 6:00 p.m. to allow for a study session on the calibration of setbacks in the AC zoning district. VI. LONG RANGE AGENDA VII. ADJOURNMENT The meeting adjourned at 8:38 p.m. THE NEXT REGULAR MEETING WILL BE HELD 04/09/2014, 6:00 PM Russ Powell _______________________________ Russ Powell, Chairman Lisa J. Gajowski ____________________________ Lisa J. Gajowski, Recording Secretary