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HomeMy WebLinkAbout08/03/2006AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION August 3, 2006 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on August3, 2006, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 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 - July 20, 2006 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 HEARING A. Case No. WZ-06-04: An application filed by the City Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) and Residen$al-One (R-1) to Public Facilities (PF) for property located at 11210 West 45th Avenue with variances to the Development Standards for Public Facilities District (Secfion 26-215.B). B. Case No. ZOA-06-04: An ardinance amending Chapter 26 of the VJheat Ridge Code of Laws concerning Sectian 26-603 (Fencing regulations) and Section 26-204 (Agriculture and Public Facilities use chart). 8. OLD BUSINESS A. Lighting Standards 9. NEW BUSINESS 10. COMMISSION REPORTS 11. COMNIITTEE AND DEPARTMENT REPORTS 12. ADJOURNMENT CITY OF WAEAT RIDGE PLANNING CONMIIS5ION Minutes of Meeting July 20, 2006 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Plamiiug Commission was called to order by Chair WESLEY at 7:00 X.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinlnnan Jim Chilvers John McMillin Phil Phimmer Jerry Scezney Cassie Spaniel Kim Stewart Scott Wesley Staff Members Present: Alan White, Community Development Director Meredith Reckert, Sr. Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF AGENDA It was moved by Commissioner STEWART and seconded by Commissioner SPANIEL to approve the order of the agenda. The motion carried unanimously. 5. APPROVAL OF MINUTES - July 6, 2006 It was moved by Commissioner PLiJMMER and seconded by Commissioner STEWART to approve the minutes of July 6, 2006 as presented. The motion carried 7-0 with Commissioner McMILLIN absent. (Commissioner McMILLIN arrived at 7:05 p.m.) 6. PUBLIC FORUM There was no one present to address the Commission at this time. ; ~i Plauuing Comxnission July 20, 2006 - 1 - PUBLIC I3EARING A. Case No. WZ-06-01 - An applicarion filed by Coors Brewing Company to establish zoning for property located in unincorporated Jefferson County as Planned Industrial Development. Said property is located east of 10619 West SOth Avenue. B. Case Nos. MS-06-05/WV-06-01- An application filed by Coors Brewing Company for approval of a final plat for property located at 10619 West 50`h Avenue and property located at 10619 West 50t' Avenue including a right-of-way vacation for an unused portion of Miller Street These two cases were presented concurrently by Meredith Reckert. She entered all pertinent documents into the record and advised the Coxnmission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval of the applications for xeasons, and with conditions, as outlined in the staff report, _ Coxnmissioner PLiTMMER expressed some concem about a wooden peruneter fence. Neil Jaquet Director of Water Resources Coors Brewing Company Mr. Jaquet was sworn in by Chair WESLEY. He stated a vinyl coated chain link fence 6-feet in height, minus a top rail, is proposed to surround the property. He explained that eliminating the top rail would be a deterrent to anyone wishing to climb the fence. There were no members of the public present to address this case. It was moved by Commissioner STEWART and seconded by Commissioner PLUMNIER to recommend approval of Case No. WZ-06- 01, a request for establishment of Planned Industrial Development zoning on property located to the east of 10619 West SOth Avenue and for approval of an Outline Development Plan for the Coors Glass Plant for the following reasons: 1. The proposed zoning is compatible with existing development and zoning on the west side of Miller Street. 2. The proposed zoning and Outline Development Plan will facilitate circulation and loading improvements on the existing plant site. 3. All requirements for an Outline Development Plan have been met. Planning Commission July 20, 2006 - 2 - 4. The application meets the requirements of 5ection 26-112D of the Code of Laws. With the following condition: 1. Corrections to the legal description be made prior to City Council. The motion carried 8-0. It was moved by Commissioner PLUMMER and seconded by Commissioner STEWART to recommend approval of Case No. WZ-06- 01, a request for approval of a Planned Industrial Develop ment Final Development Plan on property located at 10619 West 50t Avenue for the following reasons: 1. The proposed improvements to the bottling plant will improve circulation and site efficiency. 2. The proposed improvements will have a positive impact on vehicular safety in Yhe area. 3. The proposed Final Development Plan is consistent with the underlying Outline Development Plan. 4. All requirements for a Flnal Development Plan have been met. With the following conditions: 1. Plant material on Lot 8 which has died be replaced according to the original landscape plan prior to document recording. 2. Architectural materials for the proposed perimeter fence should be steel or wrought iron. 3. Corrections to the legal description be made prior to City Council. The motion carried 8-0. It was moved by Commissioner STEWART and seconded by Commissioner PLUMMER to recommend approval of Case No. MS-06- 05, a recuest for approval of a Final Plat on property located at 10619 West SOt Avenue with a right-of-way vacation for the following reasons: 1. The right-of-way is no longer needed for public street purposes. 2. The evaluation criteria for right-of-way vacations support approval of the request. With the following conditions: 1. A blanket utility easement be provided across the vacated Miller Street right-of-way. Planning Commission July 20, 2006 - 3 - 2. All technical requirements and corrections to the plat document be made prior to City Council. The motion carried 8-0. C. Case No. ZOA-06-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Excavation and Deposit Control. This case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the ordinance for reasons outlined in the staff report. The proposed ordinance would eliminate an inconsistency in the Code by deleting references to Planning Commission and City Council hearings regarding requirements for obtauung special use approval for excavation and deposition of fill material. The proposed ordinance refers to Section 26-114 for the reqnirements for a special use. There 1vere nn members of the pubL~ic present to address this_case. It was moved by Commissioner STEWART and seconded by Commissioner McMILLIN to recommend approval of Case No. ZOA-06- 02, an ordinance amending Chapter 26-623 of the Wheat Ridge Code of Laws concerning Excavation and Deposit Control. The motion carried 8-0. D. Case No. ZOA-06-03: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to Massage Therapy. This case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the ordinance for reasons outlined in the staff report. The proposed changes would list massage therapy and massage therapy centers in the use chart for commercial zone districts and would include massage therapy as a perxnitted home occupation. There were no members of the public present to address this case. It was moved by Commissioner McMILLIN and seconded by Commissioner CHILVERS to approve Case No. ZOA-06-03, an ordinance amending Sections 26-204 and 26-613 of the Wheat Ridge Code of Laws to include massage therapy. ~Pluuiiug Coxnsnission 7uly 20, 2006 - 4 - The motion carried 8-0. 8. OLD BUSIlVESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. CONIlVIISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STEWART to adjourn the meeting at 7:48 p.m. Scott Wesley, Chair Ann Lazzeri, 5ecretary Planning Commission July 20, 2006 - 5 - wHear ,oE Ro CITY OF WHEAT RIDGE ~ m PLANNING DIVISION STAFF REPORT C~[ORA~o TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: August 3, 2006 CASE NO. & NAME: WZ-06-04/City of Wheat Ridge ACTION REQiTESTED: Rezone from Agriculture-One and Residential-One to Public Facilities with variances LOCATION OF REQiJEST: 11210 W. 45`" Avenue APPLICANT/OWNER: City of Wheat Ridge APPROXIDZATE AI2EA: 3.5 acres PRESENT ZONfNG: A-l, Agriculhzre-One and R-l, Residential One COMPREHENSIVE PLAN: AER (Agricultural/Estate Residential) ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION (1 SUBDNISION REGULATIONS Location Map Planning Commission . 1 WZ-06-04/City of Wheat Ridge All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST This application is for approval of a zone change from Residential-One and Agriculture-One to Public Facilities Disirict at 11210 W. 45tb Avenue. The purpose of the zone change is to consolidate zoning on the Public Works maintenance shops property. There are also variances required to various development standards of the PF zone district which must be acted on separately. The property is comprised of several parcels with a combined total size of 3.5 acres. It is utilized as the public works maintenance yard and includes numerous buildings including a sand barn, fueling station, service bays, police evidence building and impoundment area and a(hministrative offices. There is also outside storage of various pieces of city maintenance equipment and bulk material. Access to the property is from the east where W. 45th Avenue dead ends into the property. II. PROPERTY HISTORY The property is currently zoned Agriculture-One and Residential-One. The City historically had a public facilifies zone district (Public Buildings and Facilities District) in the 1970's and 1980's however, when the zoning and development code was rewritten in 1988, this zone district category was temoved. At that time, it was intended that public buildings and uses be controlled as conditional uses or special uses within the residential, agicultural and commercial zone districts. Staff had recommended to City Council that any nonconforming properties with public facilities zoning be rezoned to A-1 and City Council agreed. In 1996, the public works shops yard was rezoned from Public Buildings and Facilities to Agriculture- One with a special use permit to allow expansion of a governmental facility with outside storage. These approvals were granted by City Council on February 27, 1997. At the time of the zone change, the property was designated as Public/Quasi-Public on the Comprehensive Plan Future Land Use Map. The intent of the zone change was to facilitate construction of a new building on the shops site. The new structure was to be used to provide storage far the City's street sweepers and included restrooms available for use by police officers on the night shift. This building is located at the southeast corner of the site. ' xisting conditions map). In 2000, the City of Wheat Ridge acquired a vacant piece of R-1 zoned properiy directly to the west of the existing maintenance yazd (referred to in this report as the new portion of the site). The Comprehensive Plan was also rewritten and adopted in 2000 which reclassified the public works shop property as AER (AgricuTture/Estate Residential - Not to exceed one unit per acre). In 2001, the zoning and development code was rewritten and a public faciliries zone district was added back in. , 67~ ublic Facilities district). Govemmental and quasi-govemmental facilities Planning Commission 2 WZ-06-04/City of Wheat Ridge without outside starage are also permitted in the residential, agricultural, commercial and industrial zone districts. Facilities with outside storage are a special use in these same zone districts. In September 2004, a master plan for the City's public works and puks maintenance facilities was completed and adopted. In late spring of 2005, a building permit was issued for the westem-most parcel to allow construction of the police evidence building on the new portion of the site. Police evidence building site plan). Outside storage is required for impounded vehicles and bicycles but because of the R-1 zoning, no outside storage is allowed under the existing zoning conditions. A zone change to PF district, as amended by Case No. ZOA-06-04, would allow the outside storage. This building does not have water or sewer service to it. III. ZONE CHANGE CRITERLA Staff has the following coxnxnents regarding the criteria used to evaluate a change in zone. 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The official zoning map is not in error. The pazcels are currently zoned Agriculture-One and Residential-One. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. The property has historically been used as a public works maintenance facility both in unincoxporated Jefferson County and then hy the City of Wheat Ridge after incoxporation. Approval of the zone change will bring the property's zoning into conformance with the intent oF the Public Facilities zone district and its historic use. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies, and other related policies or plans for tLe area. The Comprehensive Plan future land use map designates this property as Agriculture/Estate Residential. The proposed rezoning would be clearly inconsistent with this designation. The Comprehensive Plan states that the AER azeas are to consist of neighborhoods with very low density housing and a predominantly rural character. Desired attributes include well maintained dwellings, lots comprised prunarily of open land, fann or ranch aziimals permitted, accessory structures that assist in the production of value-added agricultural products, and private and unpaved roads. Staff concludes that the Future Land use map does not recognize the historic and existing conditions and use of the property. The facility houses operations that are basic service provided to the citizens of Wheat Ridge. Expansion of the facility is necessary to provide citizens with the highest level of services possible. In particular, goals and policies of the Comprehensive Plan which apply to this situation are: Planning Commission WZ-06-04/City of Wheat Ridge • To plan for and equitably provide citizens of Wheat Ridge with the highest level of public services. • To promote police services within all azeas of the city. • To improve and add traffic controls and synchronized signals. • To 'vnprove and npgrade the City's existing infrastructure through capital improvements projects. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property is surrounded on all sides by residential. Although the true use of the property could be considered semi-indushial in nature, proper screening will improve comparibility with adjacent uses. The old portion of the site is surrounded with a 6' high wooden fence with barbed wire on the top. The police evidence building (new portion) is surrounded by a 6' high solid wooden fence. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The demand from citizens and businesses in Wheat Ridge for public services including police protection and street maintenance will continue to increase. The zone change and the ability to haue outside storage adjacent to the police evidence building will provide a public benefit. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All agencies are currently serving the property and will continue to do so. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The proposed zone change should not negatively affect public health, safety and welfare by increasing traffic to and from the site. Traffic generation will remain the same. Drainage on the property will follow historic flows. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The use of the property since the late 1960's has been as a maintenance facility. The zone change is supported by goals and intent in the Comprehensive Plan. Variances The attached map has the required setbacks in the PF zone district superimposed on the existing site conditions where several encroachments into the required setbacks in the "old" portion of the site are depicted Site encroachment map). Those encroachments include the vehicle storage l Planning Commission 4 WZ-06-04/City of Wheat Ridge building, the administration/vehicie maintenance building and hvo sheds. The police evidence structure on the "new" portion of the site meets setback. The zone district also requires 20% coverage by landscaping which won't be met with the existing condirions. Pursuant to secrion 26-115, where a variance or waiver is made a part of another administrative process, the Pla.nniug Comxnission and/or City Council can decide upon the variance. The variance can be considered currently with the other process; however, the voting ratio as applied to the board of adjushnent shall be followed (3/4 majority vote for approval). Staff has the following comments regarding the criteria used to evaluate a variance request. 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the request is denied, the property may still receive a reasonable return in use. The property will still be utilized as the public works shops and maintenance facility. 2. If the variance were granted, would it alter the essential character of the locality? The encroachments already exist therefore; there should be no additional nnpact on the character of the azea. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? There are no unique physical conditions related to shape or topography that render any portion of the property in question unbuildable. 4. Aas the alleged difficulty or hardship been created by any person presently having an interest in the property? No, most of the structures encroaching into the required setbacks were in place prior to the incoxporation of the City of Wheat Ridge. The velucle storage building was approved by City Council as part of the 1996 zone change and special use approval. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Approval of the variances would not be detrimental to the public welfaze or injurious to other property in the azea. Since the buildings are existing, there will not be an impact to the supply of light and air to the adj acent properties. The variances request would not result in an increase in Planniug Commission WZ-06-04/City of Wheat Ridge congestion in public streets or endanger the public safety. There will be no impact on property values. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would not result in a reasonable accommodation of a person with disabilities. VI. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on June 6, 2006. There was one attendee from the neighborhood. = eighborhood Meeting Recap and Attendance List) VII. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to continue serving the property. Arvada Fire Protecfion District: All issues have been resolved. Valley Water District: Can continue serving the property. If future fire hydrants and fire sprinkler lines are required, a looped water main would be required. No additional water taps will be permitted without a looped water line. VIII. STAFF CONCLUSIONS AND RECOMMENDATION The proposed zone change will consolidate zoning on the property. The Comprehensive Plan Future Land Use map does not recognize the existing conditions on the property. Although not consistent with the designation on the Future Land Use map, it meets the goals and obj ectives of other provisions in the Comprehensive Plan. The variances to the development regulations of the Public Facilities zone district will legitimize the existing conditions on the property. There should be no additional impact on adjacent properties as a result of the variances. IX. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-06-04, a request for approval of a zone change from Agriculture-One and Residential-One to Public Facilities district for property located at 11210 W. 45"' Avenue for the following reasons: 1. The proposed zone change will consolidate zoning on the property. 2. Although not consistent with the designarion on the Future Land Use map, it meets the goals and objectives of other provisions in the Comprehensive Plan." Planning Commission WZ-06-04/CiTy of Wheat Ridge Option B: "I move to recommend DENIAL of Case No. WZ-06-04, a request for approval of a zone change from Agriculture-One and Residential-One to Public Facilities district for property located at 11210 W. 45th Avenue for the following reasons: 2.>, VARIANCES Option A: "I move to recommend APPROVAL of variances to the development standards in the Public Facilities zone district for property located at 11210 W. 45th Avenue being considered concurrently with Case No. WZ-06-04, for the following reasons: i. The variances will legitimize the existing conditions on the property. 2. There should be no additional nnpact on adjacent properties as a result of the variances." Option B: "I move to recommend DENiAL of variances to the development standards in the Public Facilities zone district for property located at 11210 W. 45"' Avenue being considered concurrently with Case No. WZ-06-04, for the following reasons: 2.,> Planning Commission 7 WZ-06-04/City of Wheat Ridge ✓ UMITS OF COJSTRUCTlON A-I zQNI f'\Q J PRC ~ ~ i i , , , ~ L_ QOS71N6 CANOPY - 1 ~ p l1 ~J PROPERTY L1NE SI1E i1CCESS ROUTE ~ ! EXISTING SiIE ACCESS RWiE ~ i CANOPY ~ ♦ 45TH. AVE:e i EMSTING N PARKING CANOPY EXISTING WHEAT RIDGE PUBLIC WORKS FACILITY EYJsnNc ~ wnu. ~S ~AC~~, 1 , R«„ff f _ ~ - ~ DOSi1NG PADArli o ~ • + EXISTiNG SHED ~ EXISTIN6 SHED T Fr EXISTING BUIIDtNG DUSiIN( P.W. VEI ~ ~X rsTi~G- C,)N ~ ~7-7 o P,/ S EXHIBIT 1 , , . _ City ofWheatRidge F WHEqT CommuniTyDevelopment 7500 W. 29'" Ave. . Wheat Ridge, CO 80033 ° m 303-235-2846 ~oGORP~~ Sec. 26-215. Public Facilities District (PF). www.ci.wheatridge.co.us A. Intent and purpose: This district is established to provide a zoning classification for property devoted to public and quasi-public buildings and facilities, such that such properties, while unique in many respects, may nevertheless be subject to appropriate land use regulations. B. Deve/opment standards: 1. Maximum height. Fifty (50) feet. 2. Fronf yard setback. Fifty (50) feet when the front yard is adjacent to a dedicated public street. 3. Side yard sefback Ten (10) feet for the first story and five (5) feet for each additional story. 4. Rear yard setback. Ten (10) feet for the first story and five (5) feet for each additional story. 5. Lot coverage. Not more than eighty (80) percent of the gross lot area may be covered by structures or hard surtacing. That area not covered shall be landscaped. (Ord. No. 2001-1215, § 1, 2-26-01) EXHIBIT 2 EYJn. cenoe Tm. 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AfltHfIECiURE 3012 Hvmo S~ s~i. ioo coI...eo sozoz phox303.861.5704 0 ~ W z °C OO O Q = U m rr w ('3 ~ < < 0 f- W I-- LU _ ~ ~ ~ U Z LLj p Q 0 W ~ > U d' U°~ ~ N N T T i PROJ. N0. 54052.00 DRAYrt+: BA/HY qiEq(E0: ,A CADD FllE AS.OO.dwg DATE 07/15/2005 Gn oF xtHenr wocE PRQJECT N0: M-02-04 RENSIONS QOZ MGi11ECNPE 100%CONSTPUCTIOM DOCUMENiS siEET nnF: SITEPLAN SCAIE AS NOIED S4EEf NUMBER: A1.00 R uuirs oF cONsrnucnoN PROi 0 EfOSTING CANOPY j SIiE ACCESS RW1E r ~ r L.-- - - - - ~ DOSTiNG SIiE ACCES CANOPY ~ ' I EXISTING I I S1TE ACCESS ~ ~ ROUTE ' ~ ~~r► DqSTING + EXISTING (S Se~-6ac~ ~ PF- DIS! ~Ic~-r SE-- PSA c. r- S L1NE IIL ~ I ' 45TH. AVE:f EXHIBIT 4 l 7500 West 29th AVenue Wheat Ridge, Colorado 80033 303/235-2846 Fax:303/235-2857 4 Date: City Staff Present: Location of ineeting: Property address: Property owner(s): Property Owner(s) present? Applicant: Existing Zoning: Comp Plan Designation: June 6, 2006 The City of Wheat Ridge 7eff Hirt, Tim Pazanto City hall 11210 West 45"' Avenue City of Wheat Ridge City of Wheat Ridge Public Works Department Agricultural One (A-1), Residential One (R-1) SF (4) Existing Use/site condirions: Property has historically been used for public facilities, including the CiTy's Public Works Department shops, police evidence facility and miscellaneous storage. There aze multiple buildings on the site existing, and there is a newly constructed police evidence building on the west of the subj ect property. Applicant's Proposal: The request is to apply for a zone change from the existing Agriculturai-One (A-1) and Residential- One (R-1) zoning to the Public Facilities (PF) zone dishict. The purpose of the request is to clarify the zoning relative to the existing and historic use of the property, and in order to fully accommodate the expansion of the facilities. Issues Discussed: Drainage in the azea is of concem to the one area property owner in attendance. The zone change will not result in any physical development on the property. The new police evidence building will not have any effect on existing drainage conditions in the area. l EXHIBIT 5 co 00 -4 rn cn .A co EXHIBIT 3 6 Z v 3 m D CL n. m (n cn -u zr 0 M rn ~ r cn rn m W ~ z ~ m ~ 3 N 3 ~ ` (D U) rF .Dh C71 S cn D C- < G) cD Z~ ~ - cD c zcy,(D C/) NZ =°o~ m ~ a 0 ~ =r 0 0 a. Z cD cD r-i- ~ cn City of Wheat Ridge ~oF WHEqT,P Community Development Department Memorandum ~~lORP00 TO: Plauving Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-06-04 DATE: July 19, 2006 This case is: El Quasi-Judicial ❑ Legislative There are.two changes being proposed with this zoning code amendment, both of which relate to Case No. WZ-06-04 (zone change for the public works shop). The first component of this request is an amendment to the Section 26-603 of the zoning and development code (fencing regulations). The current regulations allowed bazbed wire fencing in the agriculture, commercial and indushial zone districts. The public works department would like to install bazbed wire fencing around the police evidence building and impoundment lot to secure crime evidence. This type of fencing is not currently permitted in the PF zone. The modification as recommended by staff would allow the evidence area to be secured. There would be no other changes to the fencing regulations. Amendment to fencing regulations ordinance) The second component of this amendment is to modify Section 26-204 as it pertains to the Agriculture and Public Facilities Table of Uses. Government facilities without outside storage aze currently permitted uses in the A-1, A-2 and PF zone districts. Government facilities with outside storage are currently special uses in the A-l, A-2 and PF zone districts. Staff is recommending that those facilities with outside storage become a permitted use in the PF zone. These facilities would remain a special use in A-1 and A-2. Staff is also recommending modified language relating to the keeping of heavy equipment as a permitted accessory use. The parking of heavy equipment is a pernutted accessory use for agriculturally zoned properties but not public maintenance facilities. This change would permit the puking of equipment on sites used for public maintenance. -t" , Table of Uses) SUGGESTED MOTION: "I mova to recommend approval of Case No. ZOA-06-04 concerning Section 26-603 (fencing) and Section 26-204 (Agriculture and Public Facilities use chart)." ~ Sec. 26-603. Fences, walls, and obstructions to view. Divisional fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the community development department in accordance with the requirements of this section. D. Fences and divisional walls permitted. 1. Masonry walls. 2. Ornamental iron. 3. Woven wire and chainlink. 4. Wood. 5. Hedges. 6. Barbed wire: a. Barbed wire shall be permitted only in the Agriculturai One (A-1) zone district or within any zone district if located within floodplain areas, or in residential zones for the keeping of Iarge animals where allowed, provided any barbed wire is Iocated at least three (3) feet inside of another permitted fence and that the other fence is at least forty- two (42) inclies high; or b. Barbed wire shall be f'~t~a e'~ r,~eKC1a1 m~ri~a~Pu~~~ « y~ where placed on top of a six-foot-high fence or higher where permitted. Barbed wire placed on top of a fence shall not be counted toward the height of a fence. The barbed wire placed on top of a fence shall not be greater than two (2) feet in height and shall point inwards towards the property. ~ EXHIBIT 1 TABLE INSET: Table of Uses--Agricultural and Public Facilities Uses Notes A 1 A 2 PF Bed-and-breakfast Subject to requirements set forth in § S S 26-608 Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small S S Provided that outside runs which are Dog kennels, catteries, veterinary adjacent to residentially zoned or used S S hospitals property are no closer than 25 feet to a side or rear lot line Electric transmission substations S S PROHIBITED in A-1: The raising or General farming and raising or keeping of swine keeping of stock, bee keeping, INCLUDED in A-2: The keeping of P P pouliry or small animals such as swine and/or potbellied pigs, Sus rabbits or chinchillas Scrofa Vittatus, except such animals shall not be fed garbage Foster care home P P Fish hatcheries P P Governmental and quasi- governmental buildings, fire No outside storage p p p stations and public utility buildings Governmental and quasi- Outside storage S S 8- governmental buildings, fire EXHIBIT 2 stations and public utility P buildings Greenhouses andlandscape nurseries, including both See § 26-624 p P wholesale and retail sales of related products One-family dwelling P P Parks Includes noncommercial playgrounds P P P or other public recreation uses Public and private schools, In public facility district only public S S P colleges, and universities schools Public or private golf courses, Not including a private club which country ciubs or clubs operated Provides service customarily carried on S S for the benefit of inembers oniy as a business and not for gain Race track, fair grounds, S S amusement resorts, heliports, radio towers and stations Residential group homes for 8 or See § 26-612 P P fewer elderly persons Residential group or nursing homes, or congregate care See § 26-612 S facilities for 9 or more elderly persons Residential group homes for See § 26-612 S children Provided that any structure housing Riding academies and public anunals which is adjacent to a P P stables residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line Roadside stands for operation for Provided such stands are located no not more than 6 months per year less than 30 feet from any street, P P for the sale of farm products highway or right-of-way line, and that produced or made on the temporary off street parking is premises. provided Wind-powered electric generators S S not in excess of 35 feet. TABLEINSET: ~ TABLE INSET: Agricultural Districts Accessory Uses Notes Aome occupations Meeting the definition and standards in § 26- 613 Detached private garage or carport Household pets, limited to no more than 3 dogs and 4 cats plus their unweaned offspring Pazking of equipment, implements, machinery and/or lazge trucks, trailers and semi-tractor trailers, en4} when used in support of agricultural and public maintenance operations eseuning-en tke ~s Private storage sheds, barns, animal shelters ar outbuildings Private swiminiug pools and tennis courts See § 26-603 for related requirements Public utility lines and poles, irrigation channels, storm drainage and water supply Includes other similar facilities such as faciTities electric transmission lines and poles Includes other similaz communications Public and private communications towers, receiving or sending devices. None may television or radio antennas exceed 35 feet in height, whether ground or structurally mounted. For satellite earth receiving stations, see § 26-616 and 26-617 Rooming and/or boarding for not more than 2 persons On a contract basis for not less than 7 daYs Water towers or above ground reservoirs Not in excess of 35 feet INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXTERIOR LIGHTING STANDARDS. WIIEREAS, the effects of improperly directed and excessive lighting include the visual impairment of motorists, bicyclists, and pedestrians and the trespass of light to adjacent properties; and WHEREAS, practical and effective measures exist to minimize the obtrusive aspects of excessive and cazeless outdoor light usage, while preserving safety, security, and the nighttime use and enjoyment of property; and WHEREAS effective regulation of outdoor lighting can increase the usa~e of_ energy-efficient light sources and decrease the amount of energy consumed by inefficient and inappropriately directed lighUng; and WHEREAS, The City Council desires to enact measures that will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed; and NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-503 of the Wheat Ridge Code of Laws is hereby repealed in its entirety. Section 2. Section 26-503 of the Wheat Ridge Code of Laws is hereby reenacted as follows: Section 26-503. Exterior Lighting Standards A. Intent. To provide lighting standards that prevent motorized vehicle and pedestrian conflicts; to provide personal safety and protection against assault, theft and vandalism; to provide convenience and comfort levels to the users of sites; to minimize the negative effects of light pollution and trespass on surrounding land uses; and to provide an environmentally sensitive nighttime environment that include the ability to view the stars against a dazk sky so that people can see the Milky Way Galaxy from residential and other appropriate viewing areas. B. Lighting Standards for Single and Two Family Uses. L Low wattage porch or ground lights aze permitted. All other lights shall be aimed or shielded such that off-site spill shall be limited to a maatimum of 0.1 foot-candle fifteen (15) feet past the progerty line on any adjacent non- residential property, and 0.1 foot-candle five (5) feet past the property line adjacent to residential property or public right-of-way, as measurable from any orientation of the measuring device. 2. Masimum allowable pole height for pole-mounted lighting shall be fifteen (15) feet in the R-1, R-lA, R-1B, R-1C, and R-2 zone districts and in the A- 1 and A-2 zone districts. 3. Each exterior entrance is permitted a total of eighty (80) watts incandescent OR forty (40) watts fluorescent lights to serve as porch or entry lighting. These entry lights must be attached to the structure or within ten (10) feet of the entrance, and shall be exempt from the light spillover trespass requirements of this section. Lights used for temporary holiday decorations aze exempt from the requirements of this section. C. Lighting Standards forAll Other Uses. All outdoor ligliting for all uses other than single and two family uses shall meet the following standards: External and internal lighting shall be shielded such that the source of illumination (bulb, lens or reflector) is not visible from any adjacent property, except for approved streetscape lighting, temporary holiday decorations, or as otherwise provided herein. 2. Off-site spill shall be limited to a maximum of 0.1 foot-candle fifteen (15) feet past the property line on any adjacent non-residential property, and 01 foot-candle five (5) feet past the property line adjacent to residential property or public right-of-way, as measurable from any orientation of the measuring device. 3. Except as otherwise allowed for herein, all lighting (including, but not limited to, pazking lot, security, walkway and building) shall conform with the Illuminating Engineers Society (IES) criteria for true cut-off fixtures (90% of fixture light out-put within the 0-60° range from vertical). No portion of the bulb may be visible beyond two mounting heights from the fixture. 4. If the bulb position within a fixture is vertical, any or all of the following may be required: • A high socket mount, • A translucent fixture lens, • An opaque coaUng or shield on a portion of the perimeter of the lens, or • Other industry accepted measures, to ensure that the fixture's IES classification as a true cut-off is not compromised. All lights, except those required for security as provided herein, must be extinguished within one hour after the end of business hours and remain extinguished until one hour prior to the commencement of business hours. For reasons of security, 1.5 foot-candles at entrances, stairways and loading docks, and 0.5 foot-candle on the rest of the site is permitted during the off hours. 6. The lighting of a building fagade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions, unless otherwise approved through the Final Development Plan or Site Plan process: a. Upward aimed building fagade lighting shail not exceed nine hundred lumens. All lpward aimed light shall be fully shielded, fullv confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. < b. Building fagade lighting exceeding nine hundred lumens shall be fully shielded, aimed downward, and mounted as flush to the wall as possible. c. Building fa~ade lighting shall be fully contained within the vertical surface of the wall being illuminated and shall not be aimed at a reflective surface. d. Building fagade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. Non IES approved cut-off fixtures which use incandescent bulbs of 150 watts or less, or the equivalent lumens output from another permitted bulb type, may be perxnitted to illuminate landscape plantings, pedestrian walkways, signage, or product display areas. 8. Maximum allowable pole height for pole-mounted lighting shall be: a. Fifteen (15) feet in the R-2A, R-3 and R-3A zone districts. b. Twenty (20) feet for all uses adjacent to residential uses c. Twenty-five (25) feet in commercial and industrial zone districts d. Sixty (60) feet for outdoor recreation facilities regardless of zone disirict All fixtures mounted within 15 feet of auy residential property line or public right-of-way boundary of the site shall be classified as IES Type III, Type 3 IV or Type F(asymmetric forward throw) and shall be fitted with shielding on the side facing the residential or public right-of-way property line. 10. Acceptable bulb types: • Low Pressure Sodium • High Pressure Sodium • Metal Halide (coated preferred) • Incandescent D. Prohibitions No person shall install any of the following types of outdoor lighting fixtures: Mercury vapor lamps 2. Blinking, strobe, flashing or changing intensity lights and lighted signs, except for temporazy holiday displays. 3. No outdoor lighting may be used in any manner that could iriterfere with the safe movement of motor vehicles on public thoroughfazes, including but not limited to: a. Any fixed light not designed for roadway illumination that produces incidental or reflected light that could be disturbing to the operator of a motar vehicle. b. Any light that may be confused with or conshued as a traffic control device except as authorized by a State, Federal, or City government. 4. No beacon or searchlight shall be installed, illuminated or maintained. Laser source light or any similar high intensity light for outdoor advertising or entertainment when projected above the horizontal. E. Special Lighting Situations Parking Lots Maacimum foot-candles shall not exceed ten (10) foot-candles for parking lot areas. MaYimum foot-candles shall not exceed five (5) foot-candles for pazldng lot lighting adjacent to residential uses. 2: Display Lot or Storage Areas Associated with such uses as auto sales Maacimum on-site foot-candles shall not exceed twenty (20) foot-candles for special display areas adjacent to streets and ten (10) foot-candles for all other areas or rows. 3. Canopies a. Maximum foot-candles shall not exceed thirty (30) foot-candles under canopies of service stations and convenience stores or similar approved uses, including luminaires mounted under the canopy and lighting within signage or panels over the pumps. b. Maximum foot-candles shall not exceed twenty (20) foot-candles under drive-through canopies or awnings. a Lighting for all new canopies shall be installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. All light emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. c. The provisions of subsection G, amortization, shall not apply to existing canogy liQhting which is not recessed or flush mounted, as described in subsection 3(c). Canopy lighting shall still be subject to subsection 3(a) and 3(b), whether the fixture or lens is recessed or flush mounted or not. 4. Stadiums and Outdoor Recreation Facilities All stadium and all other exterior outdoor recreation facility lights used for the purpose of illumination of playing area must be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the day. The remainder of the facility lighring, except for lighting used for security purposes, must be extinguished at 10:00 p.m. or within one hour after the event, whichever is later, and remain extinguished until one hour prior To the commencement of the next event. Building Entryways Maximum on-site foot-candles shall not exceed ten (10) foot-candles in areas adjacent to building entryways. Said 10 foot-candle maYimum shall include light spillage from within the building as well as light from signage. 6. Street Lighting Existing IighUng within the public right-of-way, ineluding street lights and pedestrian lights, is not subject to the requirements of this Section; however, any new or replacement lighting sha11 be subject to the provisions of Sections C(3) and C(10). F. Lighting Plans Required A lighting plan shall be submitted with any building permit application except for a one or two family structure on an individual lot, in which outdoor lighting is proposed or required. The lighting plan shall include: a. A site plan showing the locatioq of all buildings and building heights, parking, and pedestrian azeas on the lot or parcel; b. The location and description of mature height of existing and proposed trees and the location of light fixtures on adjacent properties or the street right-of-way within ten (10) feet of the subject property. c. The location and height above grade of all proposed and existing light fixtures on the subject property; d. The type, initial lumen rating, color rendering index, and wattage of each lamp source; e. The general style of the light fixture such as cutoff, lantern, coach light, globe, and a copy of the manufacturer's catalog information sheet and : IESNA photometric distribution type, including any shielding information such as house side shields internal and/or external shields• f. Control descriptions including type of controls (timer, motion sensor, time clock, etc.), the light fixtures to be controlled by each type, and control schedule when required; g. Aiming angles and diagrams for sports lighting fixtures; and h. A photometric plan showing the maximum light levels on a grid not to exceed ten feet by ten feet across the entire site and a minimum of fifteen (15) feet beyond the lot or pazcel property line. 2. Prior to a building permit final inspection or the issuance of a certificate of occupancy, the applicant shall provide certification that the outdoor lighting as installed complies with the approved illumination plan and the requirements of this section unless waived or amended by the community development director. The certification shall be completed by the architect, electrical engineer, electrical contractor, or lighting consultant responsible for the plans or the final installafion. G. Amortization 1. All outdoor lighting fixtures lawfully installed before and operable on the effecuve date hereof which do not meet the requirements of this chapter are deemed to be nonconfornung outdoor lighting fixtures. Any nonconforming outdoor lighting fixture shall conform to the provisions of this section within five (5) yeazs of the effective date hereof. 2. Special Amortization Requirements: Notwithstanding the five-year amortization period set forth above, the following types of fixtures or bulbs shall be replaced sooner, as follows: , a. Replacement of Unshielded Mercurv Vapor LiQht Fixtures: Existing unshielded mercury vapor light fixtures shall be removed or replaced with a light that meets the requirement of this section by December 31, 2006. b. Replacement of Bulbs: To the extent that compliance with this section can be achieved by replacement of a light bulb, the light bulb shall be replaced with one that meets the requirements of this section upon its failure or on December 31, 2005, whichever is earlier. c. Aiming of Fixtures: To the extent that compliance with this section can be achieved by reaiming a fixture, such fixture shall be reaimed by December 31, 2005. d. All lights for non-residential uses adjacent to residential uses must be retrofitted with shieiding in a manner such that the light conforms to IES criteria for true cut-off fixtures by December 31, 2006. K Defanitions As used in this Section, unless the context clearly indicates otherwise, certain words and phrases shall mean the following: Direct Illumination - Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the grouncl or building faces. Directly visible - Allowing a direct line of. sight to the light source or lamp. Display Lot or Area - Outdoor areas where active nighttime sales activity occurs and where accurate color perception of inerchandise by customers is required. To qualify as a display lot, one of the following specific uses must occur on the lot: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, swap meets. Uses not on this list must be approved as display lot uses by the community development director. Floodlight - A specific form of light or lamp designed to direct its output in a specific direction and as a broad beam. Foot-candle - A unit of illuminance being one lumen per squue foot. It is the luminous flux per unit area in the imperial system. One foot-candle equals approximately 10 (10.8) luat. Fully Shielded Light Fixture - A lighring fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, ar 7 indirectly by reflecrion or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixtureproviding this shielding must be permanently affixed. Glaze - The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes aze adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted. IESNA = The Illuminating Engineers Society of North America. Illuminance - The amount of light falling onto a unit azea of surface (luminous flwc per unit azea) measured in lumens per square meter (lux) or lumens per squaze foot (foot-candles). Illumination Engineer - A professional engineer having received training in the art/science of illuminaUon. Light Pollution - Any adverse effect of manmade light. ~ Light Trespass - Light falling where it is not wanted or needed, typically across property boundaries. Lumen - Unit of luminous flux; used to measure the amount of light emitted by lamps. Luminaire - The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standazd shall be considered as a single unit. Luminous Tube - A glass tube filled with a gas or gas mixture (including neon, azgon, mercury or other gases), usually of small diameter (10-15 millimeters), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. A"neon" tube. Does not include common fluorescenttubes. Lux - One lumen per squaze meter. Unit of illuminance. It is the luminous flux per unit azea in the metric system. One lux equals approximately 10 (10.8) foot-candles. Outdoor Light Fixture - An outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to, lights used for: (A) .Pazking lot lighfing; (B) Roadway lighting; (C) Buildings and structures; (D) Recreational areas; (E) Landscape lighting; (F) Billboards and other signs (advertising or other); (G) Product display azea lighting; (H) Building or structure decoration; (I) Building overhangs and open canopies; (J) Spotlight; (K) Floodlight Recreational Facilities - An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts, and swimming pools. Searchlight - A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled mount to allow the assembly to be easily redirected. Such lights aze used commonly to sweep the sky for advertisement purposes. Spotlight - A form of lighting fixture designed to direct or project a spot of light illuminating a defined spot or object by directing a narrow beam of light on a small area. Temporary Lighting - Lighung which does not conform to the provisions of this code and which will not be used for more than one thirty (30) day period within a calendaz yeaz, with one thirty (30) day extension. Temporary lighting is intended for uses which by their nature are of limited duration; for example holiday decarations, civic events, or construction projects. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfaze of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of , 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004 SIGNED by the Mayor on this day of , 2004 URETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY AT"TORNEY GERAI.D DAHi,, CITY ATTORNEY lst Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 10