HomeMy WebLinkAbout05/25/2000i &
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Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on May 25, 2000, at 7:30 p.m., in the City Council chambers of the Municipal Building,
7500 West 29th Avenue, Wheat Ridge, Colorado.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda.)
A. Request for reconsideration of action taken by the Board of Adjustment on March 23, 2000
(Case No. WA-00-02) regarding an application filed by Trailer Source, Inc. for an
interpretation of allowed uses as listed in their Planned Commercial Development (Tabor
Development Planned Commercial Development Outline Development Plan). Said
property is located at 4651 Tabor Street and zoned PCD.
8. ADJOURNMENT to June 22,2000
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CASE NO. & NAME: WA-00-021Trailer Source
ACTION REQUESTED:
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PRESENT ZONING:
PRESENT LAND USE:
CASE MANAGER: Alan White
Reconsideration of Interpretation of Permitted Use
regulations in the approved PCD
4651 Tabor Street
J.R. Blumenthal
4651 Tabor St.
Wheat Ridge, CO 80033
Planned Commercial Develo,11ment JPC
Trailer Sales and Service; Personal Recreational
Vehicle Sales and Service; Limited Sales of Pick Up
Trucks; Outdoor Display
N. 1-70 then Planned Industrial Development; S:
Agricultural-1; E. Residential-Two; W: Commercial-
One
N:1 -70 then commercial and industrial; S: large lot
residential; E: medium density residential; W:
commercial (truck stop)
DATE PUBLISHED: May 5, 2000
DATE POSTED: Not Required
ENTER INTO RECORD:
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REQUEST
The subject property was rezoned from Agriculture-One to Planned Commercial Development
(P CD) in September 1995, City Council minutes, (Exhibit B), and Planning Commission minutes,
(Exhibit C), for Case No. WZ-95-09 are attached. Also attached is the list of permitted uses and
description of project taken directly from the recorded PCD document (Exhibit D),
On March 23, 2000 the Board of Adjustment conducted an interpretation hearing and on a failed
motion for approval, denied the interpretation request. Minutes are attached as Exhibit G. At the
subsequent Board meeting on April 27, 2000, the applicant requested and was granted a
reconsideration hearing.
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The interpretation section does not provide any further guidance in making these interpretations.
The deon • the Board should • based upon the intent of the original PCD zoning, evidence
t. or -&-ty relevant evidence Dresented • the PCD document&
According to the Board bylaws, "No request to grant a rehearing can be entertained .... unless
*tted in writin • which could not have been, with due dili�4ence, , iresented at
the previous hearing." No additional written evidence has been received to date.
IV. STAFF CONCLUSIONS AND RECOMMENDATION
The description of the project from the PCD plan indicates the property was to be used for the sa
of horse, enclosed, cargo flatbed, and used trailers. Sales • motorized vehicles was limited to
15% of licensable vehicles. Permitted sales also included truck accessories, hitches, trailer repai
and hardware sales of accessories compatible to the horse industry. Special uses will be
appropriate for the use proposed and uniquely restricted to the equine industry, I
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offices, art galleries, auto parts sales, and bakeries.
items or merchandise for sale. Nothing else was included. There is no evidence in the r7ecord th4
the sale of other items or merchandise was deleted by Planning Commission or Council action,
On the contrary, there is evidence in the record that the applicant intended to sell trailers and
accessories compatible to the horse industry.
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Staff recommends that the Board deny the request to interpret that ATV and snoNvmobile sales are
a permitted use for the Trailer Source PCD.
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Board of Adjustment Page 4
WA-00-02/Blumenthal
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7500 WEST 29TH AVENUE" WHEAT RIDGE, COLORADO 80215
January 12, 2000
Mr. J.R. Blumenthal
4651 Tabor Street
Wheat
The regulations of the PCD allow you to appeal this interpretation to the Board of Adjustment.
This appeal would require a hearing before the Board of Adjustment. Please contact this office
concerning the requirements and procedure for requesting this interpretation.
Sincerely,
/
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Alan C, White, AICP
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(303) 234-5900 # ADMINISTRATION FAX: 234-5924 # POLICE DEPARTMENT FAX: 235-2949 ce
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TRAILER SALES, INCLUDING HORSE, FLAT BED AND ENCLOSED, TRAILER, TRUCK AND
EQUI NE RELATED ACCESSORI ES. LLM: (15 PER YEAR),
SERVICE IS DEFINED AS FOLLOWS TRAILER SERVICE INCLUDING REPAIRING WIRING,
AXLES, COUPLERS, FLOORS AND OTHER MI SC, MAINTENANCE ON USED TRAILERS NOT
INCLUDING PAINTING OR BODY WORK,
SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS WHERE THERE ARE NO OUTSIDE PENS
AN' 'SIMILAR USE WHICH, IN THE OPINION OF TH- ZONING ADMINISTRATOR, OR UOON
AC>P- OF' HIS DECICION, OF THE BOARD OF ADJUSTMENT WOULD BE COMPATIBL
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IN EHARAC7ER AND IMPACT WITH OTHER USES IN THE DISTRICT, WOULD Bi
CONSISTENT WITH THE INTENT Or THIS DISTRICT, AND WHICH WOULD NOT BE
OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR, DUST, FUM- GAS, NOISE
RADIATION, HEAT, G-AR VIBRATION, TRAFFIC GENERATION, PARKIN NEEDS, CUTD5bR
STORAGE OR USE, OF IS NOT HAZARDOUS TO THE HEALTH AND SAFETY OF SURROUNDING
AREAS THROUGH DANGER Or FIRE OR EXPLOSION.
SCALE: : 1 ee = 4o' — MAXIMUM FLOOR AREA RATIO — 10%,
— MAXIMUM BUILDIN5 HEIGHT — 35 FEET,
— MINIMUM LANDSCAPE' COVERAG-__;
N5T LESS THAN 25%.
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Avenue, Municipal Building
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Motion by Mr. DiTullio for the approval of the Minutes of December 20, 1999, seconded by
Mrs. Worth; carried 7-0 with Mr. Siler abstaining.
Mg1jo • Mr. DiTullio to suspend the Rules and move Item 7 up to be Item I and renumber
the Agenda accordingly; seconded by Mr. Edwards; carded 8-0.
CITIZ-9—NS' RIgHT,,10 AP9AAK
Item 7. Nelson Street Traffic Calming.
Item 7 was introduced by Mrs. Shaver title and summary , read by the Clerk.
Debra Rosenthal, 3395 Nelson Street, thanked the City for their help and asked that t
Sidewalk issue be addressed.
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CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 2 -
IIIIIIIIII F I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I I I I' I
Mqtion by Mrs. Shaver that the Nelson Street conceptual plan (between 32 & 35" Avenue
for traffic speed reduction features and the sidewalk section deemed necessary for the
effective and safe operation of the speed reduction features (at #3415) be approved;
seconded by Ms. Figlus', carried 8-0. 1
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Council Bill 35 was introduced on second reading by Mr. Siler, title and summary read by the
Clerk; Ordinance No. 1180 assigned.
-Matt Butter, representing the applicant, was sworn in by the Mayor and asked for approval of
application.
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CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 3 -
Rosanna Colson, 14495 West 46 Drive, was sworn in by the Mayor and spoke in favor of
the application.
Kim Stewart, 1 1700 West 46 was swom�in by the Mayor. She has no real objection
to the corner part; she asked that Council specifically exclude some types of sales, such as
personal water craft, ATV's etc. as discussed at the Planning Commission meeting.
Mr. Gidley entered a letter addressed to the City of Wheat Ridge into the record, which was
written by James B. Sutton, 4549 Tabor Street, who asked for approval of the application.
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page -4 -
ILem 4. Council Bill 38 - an Ordinance concerning a correction to the amendments to the
Wheat Ridge Code of Laws to provide for increased penalty limits.
Council Bill 38 was introduced on second reading by Mrs. Worth, who also read the title;
Ordinance No. 1181 was assigned.
Mat by Mrs. Worth that Council Bill 38 (Ordinance 1181) be adopted on second reading;
seconded by Mr. DiTullio; carried 7-1 with Mr. Hanley voting no. - Mr. Hanley feels the I year
jail time is excessive.
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ftlp 4, Council Bill 1 - An Ordinance providing for the approval of a change of zone from
Residential-Two to Restricted Commercial-One for property located at 3502
Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WZ-99-12) (Roger Loecher)
Council Bill 1 was introduced on first reading by Mr. DiTullio, who also read the title and
summary.
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Motion by Mrs. Shaver that Council Bill 2 be approved on first reading, ordered published,
public hearing be set for Monday, February 14, 2000 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Edwards; carried 8-0.
It!gm 8. Local Drainage and Trail Improvement Project, RFI3 #99-30.
Item 8 was introduced by Mr. Mancinelli, who read the title and summary.
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CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 6 -
Item 9. 2000 Street Maintenance Materials, RFB #99-33.
ILem 9.A. Approval for the design of the dedication plaque for the Wheat Ridge Recreation
Center.
Motion by Mrs. Worth for the approval of the Wheat Ridge Recreation Center d dication
plaque as presented by her; seconded by Mr. DiTullio.
Motion by Mrs. Shaver for an amendment that the names of Mr. Hanley, Ms. Figlus, and Mr.
Edwards be added to the plaque. Motion died for lack of second.
Motion carried 7-1 with Ms. Figlus voting no.
ILem IQ. Approval of Expenditure Items.
LAgtion by Mrs. Worth that the attached purchases be approved in the amounts indicated and
that all costs be charged to the account shown on the purchase order edit report; seconded by
Mr. Siler; carried 8-0.
Au k thority. ni-77ruloas Mosiance %we
CITY COUNCIL. MINUTES: JANUARY 10, 2000 p age _ 7 _
E. Aquatics E d :..
F. Telephone System for the new Wheat Ridge Recreation Center,
RFP 99 -28.
G. Renewal of Sid #99 -09, Sweeper Brooms.
H. Motion for City Photographer expenses.
carri 1. Cabling for the new Recreation Center, RFP #99-32.
Mrs. Worth introduced the Consent Agenda and read the titles and summanies.
Mr. DiTullio asked to pull A. Mr. Mancinelli asked to pull B. D. and H. Mr. Siler asked to pull 1.
,Mgtion by Mrs. Worth to approve Items C. E. F. G'.; seconded by Mrs. Shaver, carried 8-0.
Motign by Mr. DiTullio that a supplemental appropriation of $3,000 be transferred from the
general fund balance to Acct. No. 01 -1 02�700-702, Council Travel; seconded by Mrs. Shaver;
i
carri A. MQtiQn by Mr. Mancinelli to change the suggested motion to read as follows: 'The Council
President's duties shall include reviewing and setting the Agenda ... ; seconded by Mr. DiTullio;
i
H. M_ otion by - the Ci Ph otogra pher ' s expe be charged to Co uncil
Account No. 01-102-650-651, affice supplies; seconded by Mr. Hanley; carried 8-0.
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 8 -
Worth; carried 6-2 with Mr. Siler and Mr. DiTullio voting no.
CITY MANAGER'S MATTERS
M&I11taftim [*Neil
CITY ATTORNEY'S MATTERS
Jerry Dahl gave update on billboard be down by Iii
update on $10,000 CDBG funds for Arapahoe House, asked for consensus to direct him to
prepare # to the Code otherwise posted by Director o
Parks, park hours are 5 a.m. to 10:00 p.m." Consensus was 8 in favor.
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Ms. Figlus reported that the City had received a thank you for displaying the pink ribbon
tuts f or b reast
Mrs. Shaver gave update on developments at the Ridge property and asked for consensus
that Council ask the City Manager to contact Arvada and find out what is going on and express
our concems and make sure that we can be at the table When property that is within our city
limits is being discussed, Consensus was 6 in favor.
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The preceding Minutes were prepared according to §47. of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Tape recordings and video recordings-of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions.
A. Case No. WZ-99-09: An application submitted by J. R. Blumenthal for approval ofa
rezoning from Agricultural-One to Planned Commercial Development, approval of an amended
Outline and Final Development Plan, and approval of a consolidation plat for properl-,, located
at 4651 Tabor Street.
This case was presented by Martin Omer. He reviewed the staff report and presented overheads
and slides of the subject property, All pertinent documents were entered into the record and
Mr. Omer advised that there was jurisdiction to hear the case. Staff recommended approval of
the application with certain conditions as outlined in the staff report.
Commissioner SNOW asked for clarification about landscaping. Mr. Omer replied that there is
presently 25% landscaping as approved in 1995. The applicant is proposing to landscape 20%
*f the combined overall site.
In response to a question from Comrnissioner SNOW, Mr. Omer replied that sno'wmobiles and
all terrain vehicles (ATV's) are classified as personal recreational vehicles. Small water craft
(such as jet skis and wave runners) are classified as boats.
Commissioner
driving of ATV's.
trom aajacem properties.
Mr. Omer stated that it was his understanding that the applicant has agreed to screen rental
equipment areas from Tabor Street.
(Vice Chair GO KEY announced a brief recess at 8:50 p.m. The meeting was reconvened at
9:10 P.M.)
Planning Commission Page 2
September 16, 1999 EXHIBIT F
snowmobiles are used by ranchers. The predominant testing of ATV*s occurs after thew a,%
assembled on-site. All but three or four display ATV's are stored inside. He believed that
AT% and snowmobiles fall under the classification of "other similar uses" and could find
nothing in writing that states these are not permitted uses.
In response to a quest ' ion from Commissioner COLLINS, Mr. Blumenthal said he would be
willing
• move the driveway gate further down the driveway, but felt that this could encourage
trucks
• park there for the weekend. Mr. Blumenthal stated that parking has not been allowed
in the detention area since neighbors complained. He stated that there have been 13 semi-truck
Planning Commission Page 3
September 16. 1999
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deliveries over the past 90 days and that his plan would allow for semi's to turn around on the
property" before exitim! onto Tabor Street. In regard to a question from Commissioner DOYLE
1%Ir. Blumenthal stated that US West placed a silt fence on the property.
Commissioner SNOW asked about storage of ATVs. Mr. Gidley explained that they have
approximately ten assembled ATVs and the others are stored in crates until such time as they
need to be assembled.
!Comnussioner t - expressed concern about the owner's semi-truck and asked if the
truck could • listed as a special use to preclude future owners from having several semi's on
the property. Mr. Gidley replied that he would include that requirement in the development
plan.
Commissioner SNOW asked if there was adequate room for the largest semi to turn around on
the property. Mr. Blumenthal replied there was adequate room for the longest single trailer
which is approximately 53 feet in length. In regard to concerns about double trailers making
deliveries onto the
make deliveries to the property.
In response to a question from Commissioner GOKEY, Mr. Blumenthal stated that no existing
landscaping will be removed and that additional landscaping will be added to the new piece of
property.
Mr. Blumenthal cornmented that it is hard to control semi's parking because drivers change
frequently, etc. and companies will sometimes send one order on three partial loads. In order to
?.ddress that problem, he stated that his company has a contract with his personal water craft
supplier which will allow him to send his own semi to pick up their entire order at one time.
Planning Commission Page 4
September 16, 1999
Commissioner THOMPSON requested that hours • test driving be spelled out and thaz the
plan be rewritten to ensure that future owners cannot use this area for an ATV track.
Mr. White reminded the Commission that there is another application on the agenda and
Commission bvlaws state that no public hearing shall be started after 11:00 p. M except upon a
majority vote of the Commission.
It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW
that the rules be suspended to continue the meeting in order to' bear the second case on
the agenda after 11:00 p.m. The motion passed by a vote of 6-0 with Commissioner
V , ,RINKMAN absent.
Kim Stewart
Planning Commission
September 16, 1999 Page 5
problem of semi's or other vehicles getting in and out of Trailer Source or bein(-' there betbre or
after the business is open. She stated that the company has not honored current zoning and
citizen questions about these violations which have not been addressed until the present time,
She felt the matter appears weighted in favor of the business.
Commissioner THOMPSON asked if there was anything that would prevent a future own
from turning this property into car dealership. Mr. White replied that this could not occur
unless the
O plan is amended to a ow ll car sales. In resp o nse to a question from Commission
THMPSON, Mr. White replied that camper trailers and boat sales were allowed in 199-
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impact on the neighborhood. Ms, Stewart replied that the neighborhood is asking for an over-
all honest plan rather than doing it piecemeal.; and that they feel semi-trucks are iangerous on
Tabor Street.
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Planning Commission Page 6
September 16, 1999
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I - - �� '-, P 7 ffie appri would be willing to build a non-illuminatet� •
monument sign on Tabor Street rather than a 25-foot high sign as allowed under the code, Mr.
Blumenthal agreed to this request.
Commissioner DOYLE asked how much • the business is related to water craft. Mr.
Blumenthal replied that this year he ordered for 65 snowmobiles, 70 ATVs and 15 water crall
Commissioner D• YLE asked if he would consider eliminating the water craft. Mr.,
Blumenthal explained that taking on the line of Attic Cat involves the entire line which
includes generators, ATV's, snowmobiles and water craft.
Commissioner SNOW stated that if the motion'fails, she would make a motion to deny the
zpplication.
In response to a question from Commissioner THOMPSON, Mr. Wliite stated that if this
request is denied, the applicant's next step would be to appeal to the City Council.
Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS"
motion died for lack of a second.
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that
Case No. WZ-99-09, a request for approval to rezone 1-3 acres from A-1 Agricultural to
PCD, Planned Commercial Development be recommended to the City Council for
DENIAL for the following reasons:
I. The proposed expanded sales and uses do not meet the intended use of the original
development which was primarily to be hr and portrayed as producing
limited traffic.
Z. This business needs the use of semi-trailers which are not compatible with the
adjacent residential and agricultural uses.
Planning Commission Pa e 7
September 16, 1999 9
Commissioner GOKEY commented that traffic reports have not indicated a traffic hazard. there
have been no accidents in the area, and the Police Department has indicated no objections.
Commissioner SNOW responded that she takes testimony from the neighbors as evidence of
traffic problems.
Commissioner THOMPSON stated that, while she understands the neighbor's concerns as w
as the applicant's concerns, she felt that if the application is denied and proceeds to Council
there would be no way for the Commission's concerns to be presented and she would therefo
vote against the motion for denial. I
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the neighborhood, this is a situation that cannot be remedied to make it compatible with the
neighborhood.
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1. Due to location and access characteristics, the subject property could not
reasonably be used for or by any other user than the applicant.
2. The uses proposed for the prop" are similar to uses permitted in other
commercially zoned districts of the City's zoning regulations.
3. Rezoning the property to Planned Commercial Development for the uses propos
is consistent with the City's existing Comprehensive Plan.
1. The property owner shall provide details the proposed Tabor Street sign prior
to City Council. This sign shall be no more than 5 feet in height, no more than 50
square feet total, and will not be illuminated.
Planning Commission Page 9
September 16, 1999
2. The Property owner shall install, at their expense and with the review of the CitN
Public Works Department, required sign(s) on Tabor Street and adjacent to the
property/business entry driveway, which states that parking is not permitted.
3. Deliveries shall be permitted only when the business is open.
4. The property owner shall meet all criteria of the Arvada Fire District for drive
aisle widths and radii and locations of fire hydrants prior to use of the property.
5. The property owner shall coordinate with the Wadsworth Ditch company to satish
their easement requirements.
Planning Commission Page 9
September 16, 1999
)
Commissioner SNOW moved and Commissioner COLLINS seconded to delete Item 7,
and that snowmobiles, all-terrain vehicles and watercraft are specifically excluded. The
motion failed by a vote of 3 to 3 with Commissioners GOKEY, THOMPSON, and
DOYLE voting no and Commissioner BRINKMAN absent.
A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vo
of 4-2 with Commissioners SNOW and COLLINS votinc no.
0 1
Commissioner SNOW requested the record to reflect that she voted against the motion
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
It was moved by Commissioner THOMPSON and seconded by Commissioner
MACDOUGALL that Case No. WZ-99-09, a request for approval for an Amended
Outline and Final Development Plan for 3.03 acres known as the Tabor Development
Planned Commercial Development Outline Development Plan and the Tabor
Development Planned Commercial Development Final Development Plan be
recommended to the City Council for APPROVAL for the following reasons:
1. The Amended Outline and Final Development Plan is consistent with the Citv's
existing Comprehensive Plan.
With the following conditions:
1. The property owner shall provide details of the proposed Tabor Street sign prior
to City Council. This sign shall be no more than 5 feet in height, no more than 50
square feet total, and will not be illuminated.
2. The property owner shall install, at their expense and with the review of the Cil
Public Works Department, signage on Tabor Street and adjacent to the
property/business entry driveway, which states that parking is not permitted.
• I • # # . # #
4. The property owner shall meet all criteria of the Arvada Fire District for drive
aisle widths and radii,and locations of fire hydrants prior to use of the property.
Planning Commission Page 10
September 16, 1999
5. The property owner shall coordinate with the Wadsworth Ditch company to satisfi
their easement requirements.
6. The property owner shall meet all criteria and requirements of the Valley Water
District.
7. If Personal Recreational Vehicles are sold and/or serviced t property, test
driving shall occur on the western end of the property, with speed limits 'not to
exceed 15 miles per hour and shall be limited to the 1�0 of 8:00 a.m. to 5:00 p.m.,
Monday through Saturday only. Dedicated test drive areas, such as test tracks,
shall not be permitted.
8. The Outline and Final Devel6pment Plan shall be revised to meet the City's
landscape requirement for property adjacent to public rights-of-way. One tree
shall be provided for every 30 feet (not necessarily at 30 foot spacing of frontage
on 1-70 (19 trees) and Tabor Street (14 trees).
9. The property owner shall maintain a ratio of 20% of the entire acreage as
landscape area, with drive and display areas not counting toward satisfying this
requirement.
10. No more than one semi-truck can be - parked on this property overnight and this
condition would be for this owner.
Commissioner COLLINS commented that he felt traffic problems would ♦ increased as a
result of this plan approval. It was moved by Commissioner COLLINS and seconded by
Commissioner SNOW that reason no. 3 be deleted. The motion passed by a vote of 6-0
with Commissioner BRINKMAN absent.
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to
amend condition No. 9 to read: "The property owner shall maintain a ratio of 25%
landscaping on the acreage included in the original planned development." The motion
passed by a vote of 6-0 with Commissioner BRINKMAN absent.
Planning Commission Pa e 11
September 16, 1999 9
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It was moved by Commissioner SNOW and seconded by Commissioner THONIPSO-N to
amend Condition No. 11 by deleting the words "except while actively loading or
unloading." The motion passed by a vote of 6-0 with Commissioner BRINKMAN absent.
A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote
of 4-2 with Commissioners COLLINS and SNOW voting no and Commissioner
BRINKMAN absent.
Commissioner SNOW requested the record to reflect that she voted against the motion
ft,
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW
that the subdivision plat for Case No. WZ-99-09 be recommended to the City Council for
APPROVAL for the following reasons:
2. Approval of the plat provides the unified control required for a Planned
Commercial Development.
The motion passed by a vote of 4-2 with Commissioners COLLINS and SNOW voting no
and Commissioner BRINKMAN absent.
Commissioner SNOW requested the record to reflect that she voted against the motion
for the same four reasons as noted in her original motion to deny Case No. WZ-9•-09
found on page 7.
Planning Commission Page 12
September 16, 1999
14,112,
For the following reasons:
1. The Board finds that based on the evidence presented and based on the Board's
conclusions relative to the five specific questions to justify the temporary use
permit, the evidence and facts in this case do support the granting of this
request.
With the following conditions:
1. The Temporary Use Permit is not to exceed one year or until the property is
sold.
2. The area for displaying the U-Haul vehicles would not hold more than eight (8)
vehicles, including trucks and trailers; and the portion for viewing will be
limited to approximately sixty (60) feet heading east from Street A and
approximately forty (40) feet heading south from Street B, creating an
approximate triangle in that area.
Board Member BROWN asked the staff s reason for the opinion that the sale of all-terrain
vehicles (ATV's) and snowmobiles should not be allowed. Mr. White explained staff
interpretation is that there is nothing similar to ATVs or snowmobiles in the list of
permitted uses for this development.
Board of Adjustment Page 6
03/23/00 EXHIBIT G
IT
Dick Scheurer
143 Union Boulevard, Suite 625, Lakewood
Mr. Scheurer stated there is ample evidence to support the finding that sales of ATV's and
snowmobiles are in the scope of the Planned Development (uncle the similar use provision)
approved by Council in 1995 under the similar use provision.
Board Member HOVLAND expressed concern that sales could be expanded to include dirt
bikes or other vehicles that
•• n't require licenses, Mr. Blumenthal responded that they have
turned away similar products such as motorized bicycles.
Board Member MONTOYA asked if Trailer Source sold pickup trucks. Mr. Blumenthal
stated that, under the original PCD, they are allowed to sell pickup trucks but are limited to
fifteen at any one time.
A
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interpretation is required due to ambiguous language, the interpretation should favor the land
owner and not add more restrictions over what a landowner may do with his property.
In regard to Mr. White's request for rebuttal, he stated he had no objection to Mr. White M
giving rebuttal. However, he did voice concern, to the Board about counsel giving rebutt'l
because he was not sure if Mr. Dahl represented the Board or Mr. White.
James Blumenthal returned to the podium. He stated that it was his intent to be a good
neighbor and not to do anything wrong. He stated that he felt he has been held unjustly at
bay by others and asked the Board to rule in his favor.
Kim Stewart
11700 West 46th Avenue
RIK
He stated the fact that Trailer source pays taxes to the City of Wheat Ridge, has been a good
corporate citizen and that no city violations had been issued has no bearing on the
Board of Adjustment Page 8
03/23/00
E
Upon a motion by Board Member HOVLAND and second by Board Member BROWN,
the following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-00-02 is an appeal to this
Board from the decision of an administrative officer; and
WHEREAS, the property was originally posted the fifteen days required by law, and in
recognition of protest registered against it; and
WHEREAS, the question for Interpretation is the interpretation of the permitted use
regulations in a Planned Commercial Development; and
WHEREAS, a motion was made to find that sales of all-terrain vehicles (ATV's) and
snowmobiles should be an approved use of Planned Commercial Development; and
WHEREAS, the vote on the motion was:
YES: BROWN, ECHELMEYER, HOVLAND, MAURO
NO: HOWARD, MONTOYA
ABSENT: ABBOTT, and
WHEREAS, Wheat Ridge Code of Laws Section 2-53(d) requires that when six
71
interpretation.
Board of Adjustment Page 9
03/23/00
z
IIIIIIIIIIIISI111 IIIIIIIIII III�i 111 1, 111
1 6• 11 7M M, 6 M r r!A=1T1 I r
semi traffic could be controlled.
Board Member HOVLAND stated that, while he shared a concern about traffic, there were
other items in the list of permitted uses that could generate at least as much traffic. lie stated
that the Board's purpose was not to regulate the site but to determine if this is an intended
similar use.
In response to a question from Board Member MAURO, Mr. White explained that the
*A
other planned developments within the city.
Board Member HOVLAND asked if the interpretation could include traffic restrictions. Mr.
Dahl cited Section 2-61 -D(3) of the city code which says the Board has the authority to
affirm, reverse or modify.
Because a super majority vote is required, the motion failed by a vote of 4 to 2 with Bo
Members HOWARD and MONTOYA voting no. ai
Dick Scheurer referred to a code provision which requires a simple majority in case of
interpretations as opposed to a super majority. Gerald Dahl informed Mr. Scheuerer that the
code had been amended within the last i ear to • rovidi fai a i vote i-t n1l
11 ne zorting atm s interpretation will
stand.
(Chair HOWARD declared a brief recess at 10: 10 p.m. The meeting reconvened at 10
P.M.)
C. Case No. TUP-00-02: An application filed by Lisa Aiello for approval of a temporary use
permit to operate a retail garden, fresh produce market and Christmas tree lot from April 1,
Board of Adjustment Page 10
03/23/00
M
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
April 2'7, 2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
HOWARD at 730 p.m. on April 27, 2000 in the Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
The following is the official set of Board • Adjustment minutes for the Public Hearing of April
27, 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
I 1 17 1 111� � 1 11
io
4. PUBLIC FORUM
A. A case for reconsideration of action taken • the Board of Adjustment on March
23, 2000 (Case No. WA-00-02) regarding an application filed by Trailer Source,
Inc. for an interpretation of allowed uses as listed in their Planned Commercial
Development (Tabor Development Planned Commercial Development Outline
Developmen Plan). Said property is located a 4651 Tabor Street and zoned PCD.
Board of Adjustment Page 1
04/27/00
Y"JOT7", =6 I'll 1 1 1 i I I I
F. a so a visea I I
matter since he was not present at the original hearing. Board Member ABBOTT stepped
down from the dais during the hearing of this matter.
many partial-load deliveries.
(3) A plan to further mitigate semi traffic by developing a staging process which
would provide for deliveries to • made to a satellite location.
4651 Tabor Street
Mr. Blumenthal, the applicant, was sworn in by Chair HOWARD. He stated that Trailer
Sgur-c-e4.as-- - i-s,-,Iutitns-to rc*xceerns,-adilressed "Xixg
the previous public hearing and has new evidence to present in this regard. He requested
that the Board grant a rehearing of the case in order to consider the new evidence,
It was moved by Board Member ECHELMEYER and seconded by Board Member
MAURO that the Board grant a rehearing of Case No. WA-00-02 to be held on May
25,2000. The motion carried by a vote of 5 to I with Board Member MONTOYA
voting no and Board Member ABBOTT abstaining.
Board of Adjustment Page 2
04/27/00
6. OLD BUSINESS
Election of Chair and Vice Chair - Board Member HOVLAND suggested that elections
should be held for Chair and Vice Chair.
HOVLAND that Bob Howard continue as Chair until November and that Michelle
Brown be appointed as interim Vice Chair to fill the vacancy created when Karen
Thiessen's term expired. The motion carried unanimously.
M
A. Economic Development Committee - Alan White stated that a representative
from the Board of Adjustment is to • appointed to the newly formed Economic
'Development Committee.
U1 =y,ouncl em er jane e av r xp T structure
Economic Development Committee.
Chair HOWARD appointed Boad Member ABBOTT to serve on the Economic
Development Committee (EDC). Board Member BROWN expressed an interest in
serving on one
• the subcommittees of EDC.
It was moved by Board Member HOVLAND and seconded by Board Member
MAURO to approve the minutes of March 23,2000. The motion carried 6-0 with
Board Member ABBOTT abstaining.
its F-an mexi I
BOB HOWARD, Chairman
Board of Adjustment
W"
Board of Adjustment
Em