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HomeMy WebLinkAbout03/04/19990 M6.4 M 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on February 18, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. I= F11401ow-MIC-14 IBM The following is the official set of Planning Commission minutes for the public hearing of February 18, 1999. 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. the order of the agenda. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Commissioner GOKEY moved and Commissioner MACDOUGALL seconded to approve the minutes of February 4, 1999 as presented. The motion passed by a vote of 5-0 with Commissioner THOMPSON abstaining and Commissioner SHOCKLEY absent. Planning Coffunission Page 1 02/18/99 7. PUBLIC HEARING A. Cast NQ.3YZcDA-M. An application of • for •, o of rezoning from Residential I -B to Agricultural I for property located at 4000 Nelson The motion passed by a vote of -0 with Commissioner SHOCKLEY absent. Planning Commission Page 2 02/18199 Barbara Hance 11818 West 52nd Avenue Louise Turner Ul S-LUILLUUVUA� Planning Conunission Page 3 02/18/99 Claudia Worth 4650 Oak Street "Teri Dalbee 3810 Garrison In response to a question from Commissioner THOMPSON, Ms. Dalbec replied that she did not believe the city would be encouraging multi-family growth by keeping more open lands. Commissioner MACDOUGALL asked if Arvada has adopted the 20-20 plan. Ms. Dalbec replied that Arvada has not accepted Planning Commission Page 4 02/18/99 H IK0, 11 ,4 1 1 4 EVIOIDINUM Ms. Midroy requested that agricultural land be maintained. She also stated that her property is misrepresented on the CPRC map as SF when it is actually A- I and asked that this error be corrected. She also stated that the horse industry is the biggest recreational industry in Colorado mid should be encouraged in the City of Wheat Ridge. Planning Commission Page 5 02/18/99 Commissioner THOMPSON suggested that this might be a good property for the city to purchase development rights. Ron Wortharn 4715 Parfet Mr. Wortham stated that he would like his area to stay designated as agricultural. Chris Eatherton 13866 West 74th Place, Arvada Chris Whiteman 4745 Parfet Mr. Whiteman requested that the A -1 areas be retained. I �IA kind of maps they preferred; for example, would it be more difficult to work off a "blob" map than a map with more definition. i _XE& were preferable. Claudia Worth returned to the podium and stated that she would prefer to have a higher definition map with an overlay of the "blob" map. She felt that if industrial properties leave, they should remain open land and that she would like to see a caveat in the Comprehensive Plan that says Wheat Ridge is not opposed to properties becoming open lands. She also commented that the less-defined maps have cause problems in the past. Chair BRR asked Ms. Worth if she saw a reason to shade as open areas those properties that are currently C- I in order to give an indication that there was an intention t* have that area as open space. Ms. Worth felt this would give future councils some leeway to take a commercial piece of property and leave it open space or to purchase the , ievelopment rights. Ms. Shaver stated that she was not sure which type ® map was the most desirable, She felt that staff would like the map to be • a visionary nature; however the CPRC map is very detailed because of so many existing land uses. Commissioner GOKEY asked if Ms. Shaver would support the use of transitional residential zoning between heavy use corridors and residential areas. She replied that she would support transitional residential and also felt that agricultural areas should be maintained to preserve the special quality of Wheat Ridge, Commission, There was no response. Commissioner SNOW moved and Commissioner MACDOUGALL seconded that the March 18th Planning Commission meeting be conducted as a study session for the purpose of discussing public comment received on the Comprehensive Plan. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. In response to a question from Ms. Reckert concerning preparation for the study session, Commissioner THOMPSON requested overlays of the existing land use map, zoning map, CPRC map and conflict map for comparison purposes. Planning Commission Page 7 02/18/99 Commissioner SNOW moved and Commissioner GOKEY seconded that an agenda be finalized at the February 25 study session for the study sessions • March I I and 18. motion passed by a vote • 6-0 with Commissioner SHOCKLEY absent. I Commissioner SNOW requested ten minutes at the beginning • the February 25th study session to address some of the comments ex�y,,ressed concernin , the C�P 9�iwgjj hM w the Committee arrived at some of its decisions. 8. CLOSE THE PUBLIC HEARING Chair BRJNKMAN declared the public hearing closed. A. Parlon Commissioner THOMPSON re, • uested that, in the near future,-� specifically address lingerie modeling studios and tattoo parlors within the City of Wheat Ridge. 10. NEW BUSINESS There was no new businesl 11. DISCUSSION ITEMS There were no discussion items. 12. COMMITTEE AND DEPARTMENT REPORTS fliere were no committee or department reports. Commissioner SNOW moved and Commissioner GOKEY seconded to adjourn the meeting at 10:00 pm. The motion passed by a vote of 6 to 0 with Commissioner SHOCKLEY absent. 50111 um City of Wheat Ridge Planning and Development Department TO: Planning Commission FROM: t4ere• ith Reckert, Senior Planner G i 11 � I!1I NINE W."30 �IA-98-1/Large Animal Regulations DATE: February 25, 1999 7sTwI ao to a acent rest • TIM properties, Section �ejtz) could be revised to have the enclosure setback • 30' from property line rather than adjacent structure. At the December 17 meeting, the commission also continued the proposed revisions to the nuisance ordinance included as Exhibit 'C'. Staff is recommending no changes. Owww4glul M ! UNI A would encourage Planning Commission to. recommend approval. It can always be amended in the future. RECOMMENDED MOTIONS: Animal Regulations: Option A: "I move that Case No. ZOA-98-0 1, proposed revisions to the zoning code relative to the keeping of large animals, be approved for the following reasons: I The proposed changes to the clean-up period address different sized corrals in residential zones and on substandard agriculturally zoned lots. 2. I= Section (b) be revised to read: "For residential lots and substandard sized agricultural lots, manure and liquid waste allowed to accumulate for more than one week in corrals less than 1000 square feet in size and more than two weeks in eggals JQQ* slo i -,. si7e ikall • glitute j juijj _ ire fei , I tee as deteuti MKWI a #4 11 Vol Z" # # M # I Z-011 I ty-4 JU 83L4J= WN MM.N5 M j • x larger ij g *ption A: "I move that Case No. ZOA-98-01, proposed revisions to the code of laws relative nuisance regulations, be approved for the following reasons: I . It will allow personal testimony as prima fascia evidence in court. 2. 3. 11 Option B: "I move that Case No. ZOA-98-01, proposed revisions to the code • laws relative nuisance regulations, • denied for the following reasons: • I. 2. 3. 11 M passed 4-0 with Commissioner SHOCKLEY abstaining and Commissioners BRINKNLAIN and THO1VfPSON absent. 6. PUBLIC FORUM There was no one signed up, to speak before the Commission., A. Cm NQ- W-A-21-01 (Continued from December 3 1 1998) An application by the City of Wheat Ridge to amend Section 26-30(L) of the code of laws pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge code of laws pertaining to the condition of stables, fertzer and bungs. [Of Commissioner GOKEY asked about the possibility of disallowing the keeping of large animals in residential areas if a property had not been used for that purpose for a certain number of Commissioner - OOKEY stated that he did not necessarily want those people who have large animals to be penalized and lose the right to have the animals on their property; however, as the community goes through transitions, amortizing the keeping of large animals in residential areas may have • be considered. Planning Commission 0 Page 2 12/17/98 EXHIBIT A, 1 -,5 Commissioner SNOW stated that she does not agree'Mth the idea of amortizing the keeping of large animals. Louise Turner 11256 West 38th Avenue In response to a question from Commissioner SNOW, Ms. Turner replied that the Livesto Commission's decision regarding the nuisance law was to support the City Attorney"s proposals. I Commissioner SNOW expressed concern that a horse owner who removes his horse from a property to go to summer pasture might lose the right to keep the horse. Mr. Dahl explained that if a property is in #n. nformance with the ordinance, the owner has the right to remove his horses and bring them back at any time. Commissioner MacDOUGALL commented that the problem of manure accumulation is a managerial situation. He stated that he believed a requirement for removal of manure every two weeks would probably solve the situation and that it would probably be necessary to live with the ordinance for awhile to see if it accomplishes its purpose. Plannin- Commission Page 3 12/17/93 A-1 In response to a question from Commissioner SNOW, Mr. Rock replied that his property is zoned 4 -2. Commissioner SNOW then advised Mr. Rock that the ordinance does not affect him because it does not apply to agricultural districts. Ms. Reckert affirmed that this was trul Commissioner COLLINS advised Ms. Howard to contact her council member. She replied that she had contacted her council member on several occasions. Louise Turner 11256 West 38th Avenue Ms. Turner suggested that rather than coming up with a formula, inserting the words "or as determined by the code enforcement officer." Commissioner MacDOUGALL stated that another solution to manure problems is to add to a small diameter pile every day which, if done on a regular biisis, remains hot enough that there would be no flies and very little odor. He commented that this could be determined to be an accumulation but would also be considered proper management. He thought there needed to be an alternative. Planning Commission 0 Page 4 12117/98 OR ror txy Uuncit neanng. Ms. Reckert replied that it had not. Corrunissioner SNOW suggested postponing the hearingon the ordinance until alternative options concerning cleanup could be addressed by the staff * The motion passed by a vote of 5-0 with Commissioners BRINK14AN and THOMPSON absent. In response to a question from Commissioner SNOW, Mr. Dahl stated that both of the ordinances should be continued for action only. The motion passed by a vote of �-O with Commissioners BRINKNIAN and THOMPSON absent. (Vice Chairman OOKEY declared a recess at 9:05 p.m. The meeting was reconvened at 9:20 P.M) B. !Qase N2. WZ-98-16. An application by Kaiser Permanente for approval to zone prope located at 4803 Ward Road and known as Kaiser Permanente Medical Center as C- 1. This case was presented by Martin Omer. He reviewed the staff report and presented overheads of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet Planning Commission Pase 5 12/17/98 M INTRODUCED BY COUNCIL MEMBER. Council Bill No. Ordinance No. Series of 1998 EXHIBIT r THAN TWO CONSTITUTE DETERMINED : ! ! E ENFORCEMENT OFFICER AND Chapter so as to cause a truisance as regulated by Wheat Ridge Code of Laws, (e) The fence or other enclosure be • • of inatnials and must be maintained in such a manner so as to adequately contain •. corral or • area for • of not be permitted of i nt lot line, except for i over one or, if under one • • main structure. NONCONFORMING ! t LOTS LESS THAN ONE ACRE FOLLOW r PROVISIONS OF ITEMS (a) THROUGH (f) OF THIS *RDINANCE. Section 3. Severabty. 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. I Section 4. Effective Date. This Ordinance shall take effect one day following final approval. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to on this day of , 1998, 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 , 1998, 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 I this day of 1998. rim day of 1998. mVT#V#MMZMLqMFJU Mo. . � r .,Vigo 2nd Publication: Wheat Ridge Transcript Effective Date: m .° LLCITY 4F W AT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No, Ordinance No. Series of 1918 TITLE: AN ORDINANCE AMEND • OF RIDGE CODE OF LAWS, CONCERNING APPLICABLE O THE CONDITION Section 1. Section 15-23 of the Wheat Ridge Code of Laws is hereby amended by the revision of the title to read: Condition of PROPERTY, Stable, Fertilizer, AND Buildings • by the addition of new subsections (e) and (0 which shall provide as follows: ■ Sect ©© If any clause, sentence, paragraph, or part of this . Oidinan or Application thereof to any person or circumstances shall for any reason be judged by a cou of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate remainder of this Ordinailce or its application to other persons or circumstances: Sectiop 4. LEffective Date. This Ordinance . shall take effect one day fDllowing fin aroval. i pp SIGNED by the Mayor on this day of 1998. ist Publication: 2nd Publication: he Ridge Transcript Effective Date: BPI\53027\269143.01 ���� ;. S 1 C - w r 74Trb'T ATTORNEY n Animal Welfare and Control - Commission Minutel January 19, 1999 PRESENT. Dr. William Treft, Chairperson; Dr. Robert Hilsenroth, Advisor; Louise Turner; Bea Slin Kim Fear; Nick Fisher. Visitors: Karin Heine. ABSEiYT. Dr. John Maulsby, Advisor; Greg Feudner; Monica Gregerson; Joseph Ashker; Debby Mauldin. CALL TO ORDER: I ;� 4 , Meeting was called to order by Dr. Tre ft. Minutes of the October 20, 1998 meeting were approved. The kennel ordinance and name change passed!! The commission is now the Animal Welfare and Control Commission. There have been no new mountain lion sightings. APEO went out on a call which turned out to be coyote tracks. Ex""HIBIT D ADJOURNMENT. There being no further business the meeting was adjourned.