HomeMy WebLinkAbout06/01/2000CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
May 18,2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chair
SNOW at 7:40 p.m. on May 18, 2000 in the Council Chambers of the Municipal Building,
7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL:
Commission Members Present:
Commission Members Absent:
Staff Members Present:
3. PLEDGE OF ALLEGIANCE
Paulette Cooper
Dick Doyle
Marian McNamee
Nancy Snow
Janice Thompson
Jerry Collins (excused)
Dean Gokey (excused)
Don MacDougall (excused)
Alan White, Planning Director
Mary Austin, Planner
Greg Knudson, City Engineer
Mike Garcia, Development Review Engineer
Ann Lazzeri, Secretary
The following is the official set of Planning Commission minutes for the public hearing of May 18,
2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of
Planning and Development of the City of Wheat Ridge.
I •
It was moved by Commissioner THOMPSON and seconded by Commissioner McNamee
to amend the agenda to include a discussion of the DRCOG/APA Planning Conference
under New Business. The motion carried 4-0 with Commissioner DOYLE abstaining and
Commissioners COLLINS, GOKEY and MACDOUGALL absent.
Planning Commission Page I
May 18, 2000
5. APPROVAL OF MINUTES
It was moved by Commissioner COOPER and seconded by Commissioner THOMPSON
that the minutes of May 4, 2000 be approved as presented. The motion carried 4-0 with
Commissioner DOYLE abstaining and Commissioners COLLINS, GOKEY and
MACDOUGALL absent.
There, was no one signed up to speak before the Commission on unscheduled matters.
�WIIIII
A. Case No. MS-00-02: Request for a two-lot minor subdivision to move a lot line to
create two lots of equal size at 2651 and 2661 Kendall.
The case was presented by Mary Austin. She reviewed the staff report and presented slides and
overheads of the subject property. She entered all pertinent documents into the record and
advised the Commission that there was jurisdiction to hear the case. Staff recommended
approval of the application for reasons outlined in the staff report.
In response to a question from Commissioner THOMPSON, Ms. Austin stated that no response
had been received from certified public notices sent to neighboring property owners within a
600-foot radius of the subject property.
Cy Butte
12846 Grage Street, �,Porxitiort
Mr. Butte, representing T. C. Properties, was sworn in by Vice Chair SNOW. Commissioner
THOMPSON asked how many entrances were planned from Kendall Street. Mr. Butte replied
there would be four.
Vice Chair SNOW asked if there were any others present who wished to address the
Commission regarding the case. There was no response,
Planning Commission Page 2
May 1 8, 2000
T M T1 rej rtN 7? �'- 73't r It 17. "t 3 7 - 1 Wm" 7 1 TT"T 7 7n M -
property located at 2651 and 2661 Kendall Street be APPROVED for the followin-N
reasons:
WIN
Vice Chair SNOW declared the public hearing closed.
9. OLD BUSINESS
A. DRCOG/APA Planning Conference - There was discussion regarding this conference
which was attended by Commissioners COOPER, McNAMEE and THOMPSON.
Commissioner THOMPSON indicated she would like to see more control given to the
Planning Commission in cases where commercial property is adjacent to residential
property. She also asked if an ordinance could be brought before Planning Commission
and City Council every couple of months to address some of these situations.
Alan White stated that City Council's top three priorities are (1) similar uses, (2)
temporary uses, and (3) spacing requirements for private schools.
Commissioner SNOW stated that she would like to explore the possibility of expanding
the authority of the Planning Commission and City Council in rezoning cases. She
would also like to see a requirement for site plans on all buildings except for single
family homes.
Planning Commission Page 3
May 18, 2000
Alan White commented that the City Attorney is working on a proposal to revamp the
zoning regulations and suggested that many of these areas could be considered at that
time.
"Pull
allowed in surrounding communities.
Alan White informed the Commission that the request for proposal for a consultant to
do a streetscape plan will be rewritten to include architectural guidelines as well.
There was a consensus of Commission members to have an annual tour of prqjects that
have been approved by the Planning Commission. The tour is tentatively planned for
August. Commission members will make suggestions to staff for possible sites to visit.
B. Public Hearing Notification - Alan White suggested that the Commission reconsider
the requirement to notify all property owners within a 600-foot radius whenever there is
any public hearing. This requirement has significantly increased the cost to the
applicant for sending certified letters. It was decided that the Commission will take the
matter under advisement.
C. Economic Development Commission - The Planning Commission chairman is to
appoint a representative to the newly formed Economic Development Committee. The
first meeting of the Commission is planned for May 30. Alan White requested that
Commissioners interested in serving on this Committee contact Don MacDougall,
Planning Commission Chair.
IL COMMISSION RFPORTS
There were no Commission reports.
#
1110111Ww"'Alft
Planning Commission Page 4
May 18, `000
13. ADJOURNMENT
It was moved by Commissioner THOMPSON and seconded by Commissioner
McNAMEE to adjourn the meeting at 8:37 p.m. The motion passed 5-0 with
Commissioners COLLINS, GOKEY and MACDOUGALL absent.
Nancy Snow, Vice Chair
Ann Lazzeri, Recording Secretary
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Planning Commission
May 18, 2000
Em
OF WHEgT
City of Wheat Ridge o
Planning and Development Department U
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director Qw
SUBJECT: Case No. ZOA 00-04
DATE: May 25, 2000
This amendment to the zoning regulations was requested by Council. The amendment enables
the Council to refer back to the Planning Commission for further study and recommendation any
request for a special use permit, rezoning, or any stage (outline, preliminary, or final) of a
planned development.
Staff recommends approval.
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE
CODE OF LAWS CONCERNING THE AUTHORITY OF
THE CITY COUNCIL TO REREFER LAND
DEVELOPMENT APPLICATIONS TO THE PLANNING
COMMISSIONS.
WHEREAS, the Code of Laws does not presently permit the City Council to
re-refer land development applications to the Planning Commission for additional
review and recommendation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 26-6 of the Wheat Ridge Code of Laws is amended by
the addition of a new subsection (1), to read:
Re-referral to Planning Commission.
City Council may, in its sole discretion, re-refer an
application for any of the following approvals to the
Planning Commission for additional review and
recommendation:
(1) Special use permits under Section 26-6(B);
(2) Rezoning under Section 26-6(C);
(3) Planning Developments under Section 26-25.
Section 2. 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 welfare 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 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
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shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
_ on this day of , 2000, 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 , 2000, 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 2000.
SIGNED by the Mayor on this day of , 2000.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
0ED\830271348879.01 _2.
OF WHEAT
City of Wheat Ridge Po
Planning and Development Department U m
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director Off'
SUBJECT: Case No. ZOA 00-05
DATE: May 25, 2000
The attached ordinance amending the zoning regulations was requested by City Council due to
an inconsistency in Section 26-6(C)(4) between the authority granted the Planning Commission
and the authority granted the City Council. The language proposed for deletion does not appear
under the section of City Council Review.
The City Attorney has advised that the actions being deleted are not appropriate when
considering a rezoning to a conventional (straight) zone district. This change will not affect the
ability of Planning Commission or Council to impose conditions or stipulations for planned
developments, conditional use permits, or special use permits.
Staff recommends approval.
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE AMENDING SECTION 26-6(C)(4) OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNING
COMMISSION REVIEW OF REZONING APPLICATIONS.
WHEREAS, the Wheat Ridge Code of Laws is presently inconsistent in
permitting Planning Commission to recommend conditions on applications for
rezoning, but in not permitting the City Council to do so; and
WHEREAS, the Code of Laws has recently been amended to permit rezoning
to Planned Development for properties of any size.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 26-6(C)(4) of the Code of Laws is hereby amended to
read:
(4) Planning Commission Review: The planning
commission shall hear and consider any evidence or
statement presented by the applicant, city staff, or by
any person in attendance at the hearing. The planning
commission shall then make a recommendation to city
council to approve, or deny the
application, basing its recommendation upon the facts
presented in the public hearing in consideration of the
criteria for review as specified in subsection (3) above.
iddition to StaAdard development and use r4agulmions
which apply. A recommendation for denial shall be
considered final, unless the applicant files an appeal to
city council with the city clerk within ten (10) working
days of the planning commission decision.
Section 2. 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 welfare of
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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 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2000, 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 , 2000, 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 2000.
SIGNED by the Mayor on this day of 2000.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED1 30271343330.01 .2.
OF WHEAT
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director 4W
SUBJECT: Case No. ZOA 00-06
DATE: May 25, 2000
The attached ordinance is an amendment to the zoning regulations dealing with similar uses
in planned developments. It was requested by Council and has been reviewed by the City Affairs
Committee.
The direction given by the City Affairs Committee was to not modify the existing language for
similar uses for straight zone districts. Currently in each zone district at the end of the list of
permitted uses is one of the following statements:
1. Other similar uses or structures as approved by the zoning administrator or board of
adjustment and when in conformance with standards and requirements set forth for
similar uses. (Appears in all residential zone districts and both agricultural zone
districts.)
2. Any similar use which, in the opinion of the zoning administrator or, upon appeal of
his decision, of the board of adjustment, would be compatible in character and impact
with other uses in the district, would be consistent with the intent of this district, and
which would not be objectionable to nearby property by reason of odor, dust, fumes, gas,
noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage
or use, or is not hazardous to the health and safety of surrounding areas through danger of
fire or explosion. (Appears in all commercial zone districts.)
The Committee recommended modifying the regulations for planned developments and to
develop a process similar to an administrative variance to decide if a similar use is permitted.
The attached ordinance adds a new subsection C to the Use and Development Regulations
section (Section IV) of the planned development regulations. They would be inserted on page
1758 before Section V.
The new subsection expands on the current definition found in the commercial zone districts by
requiring the use to be similar in size, type of operation, services provided or equipment used,
number of employees, and hours of operation in addition to the nuisance impacts described in #2
above.
The similar use determination process that is proposed is:
1. Post the property and mail letters to adjacent property owners stating that a similar use
determination is requested, and stating what the use proposed is.
2. If no written objection to the use is received, the zoning administrator compares the
use against the definition and makes a determination if it is allowed.
3. If a written objection to the use is received or if the zoning administrator determines
the use is not allowed and the applicant appeals this decision, the matter is taken to the
Board of Adjustment at a public hearing for a determination.
The Board's decision is final, unless it is appealed in court.
Staff recommends approval.
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INTRODUCED BY COUNCIL MEMBER
Council Bill No. _
Ordinance No. _
Series of 2000
TITLE: AN ORDINANCE AMENDING SECTION 26-25 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING
SIMILAR USES IN PLANNED DEVELOPMENT
DISTRICTS.
WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a
process for determining allowable similar uses in planned development zone districts; and
WHEREAS, the Wheat Ridge City Council desires to create a process for determining
which similar uses shall be allowed in any planned development zone district within the
City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 26-25 (IV) of the Code of Laws is hereby amended with the addition
of the following new Section 26-25 (IV) (C):
(C) Similar Uses:
(1) Definition. A similar use is a use which would be similar in size, type
of operation, services provided or equipment used, number of employees,
and hours of operation and which would:
(a) be compatible in character and impact with permitted uses in
the planned development,
(b) be consistent with the intent of the planned development,
(c) not be objectionable to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vibration, traffic
generation, parking needs, outdoor storage or use, and
(d) not be hazardous to the health and safety of surrounding areas
through danger of fire or explosion.
(2) Similar Use Determination Process. Any use which is not specifically
listed as a permitted use in a planned development district is allowed only
under the following procedure:
(a) The zoning administrator shall notify adjacent property owners
by letter notice and posting of the site for ten (10) days that a
similar use is requested for the property. The notice and posting
shall contain a description of the proposed similar use.
(b) If no written objection to the proposed similar use is received
and the zoning administrator finds that the proposed similar use
meets the definition of similar use contained in Section (C)(1)
above, the zoning administrator is authorized to approve the
similar use.
(c) If a written protest is received or if the zoning administrator
finds that the definition of similar use does not apply, the zoning
administrator shall forward the determination request to the Board
of Adjustment at a public hearing. Notice of said hearing shall be
as provided in Section 26-6 (F)(1).
Section 2. 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 welfare 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 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. 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 2000, 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 2000, 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 2000.
SIGNED by the Mayor on this day of 2000.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
Ist Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
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