HomeMy WebLinkAbout05/06/1999Commission Members Absent: Tom Shockley
Staff Members Present: Alan White, Planning Director
Meredith Reckert, Senior Planner
Ann Lazzeri, Secretary
3, PLEDGE OF ALLEGIANCE
The following is the official set of Planning Commission minutes for the public hearing of April 15,
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.
Commissioner GOKEY moved and Commissioner SNOW seconded to approve the order of
the agenda. The motion passed by a vote of 6-0 with Commissioner COLLINS abstaining
and Commissioner SHOCKLEY absent,
S. APPROVAL OF MINUTES
Commissioner SNOW requested that page 7 of the minutes be amended to state that M
Von Brehm indicated his opposition in nrifing. Commissioner GOKEY moved and
Commissioner MACDOUGALL seconded to approve the minutes of the April 1, 1999
meeting as amended. The motion passed by a vote of 6-0 with Commissioner COLLI
abstaining and Commissioner SHOCKLEY absent. I
6. PUBLIC FORUM
There was no one signed up to speak before the Commission.
Planning Commission Page 1
04/15/99
7. PUBLIC HEARING
A. Case No. WZ-99-06 An application by J&B Accountants for approval of a rezoning from
Residential-Two to Restricted Commercial-One for the purpose of operating a tax
accounting practice on the property located at 8151 West 44th Avenue.
Ms. Reckert read the following excerpt from the RC- I zoning classification into the record:
"To provide a reasonably compatible transition between residential and more intensive
commercial land uses. It provides for residential scale, neighborhood oriented professional
offices and services which, by their nature and through design limitation, will promote
neighborhood stability and protect neighborhood property values."
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comEatible with homes in the neighborhood.
Commissioner THOMPSON asked if the building is structurally sound for remodeling. Ms.
Reckert replied that the city's building inspector is not sure that it is. She noted that there is
also a problem with handicap accessibility.
Chair BRINKMAN expressed concern about creation of spot zoning.
Commissioner DOYLE stated that there should be a buffer zone between 44th Avenue and
the residential areas.
Me 1 11 &
Planning Commission Page 2
04/15/99
In response to a question from Commissioner SNOW, Mr. Hatcher replied that he is awa
that the building must provide access for handicapped individuals. i
Commissioner THOMPSON asked Mr. Hatcher if he would be agreeable to placing tile
landscaping on the inside (rather than the outside) of the fence. Mr. Hatcher indicated his
agreement.
In response to a question from Commissioner SNOW, Ms. Reckert explained that there is
adequate parking on the site.
Planning Commission Page 3
04/15/99
consider the fact that,'even though this house does not have any historical significance of i
own, it could possibly be part of some future historic district.
It was moved
• Commissioner THOMPSON and seconded by Commissioner GOKEY that
Case No. WZ-99-06, a request for approval of rezoning from Residential-Two to Restricted
Commercial One for property located at 8151 West 44th Avenue be recommended for
approval for the following reasons:
I . It will eliminate a nonconforming use.
2. It will allow the historic use of the property to continue.
1 It will allow the owners to demolish a deteriorating building and build a new
structure which has less impact to adjacent residences.
4. There was
• one speaking in opposition to this use,
5. The adjacent church property has a more intense use than the current zoning request.
6. It will be consistent with the goals and objectives of the Comprehensive Plan to
transition from commercial into residential uses.
Commissioner SNOW stated that, even though she would like to see this business stay in the
City of Wheat Ridge, she would vote against the motion because she believed that if this
building is tom down, it should be replaced with a duplex. She stated that approval of the
motion would open the door for more commercial development west along 44th.
The motion passed by a vote of 6-1 with Commissioner NOW voting no and
Commissioner SHOCKLEY absent,
Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session
for discussion of the Comprehensive Plan at 9:12 p.m. Rather than discuss the
Comprehensive Plan, the Commission decided to set a study session for the April 22, with
the topics of discussion to be the following chapters of the plan:
I . Community Character
Planning Commission Page 4
04/15/99
2. Sustainable Economic Development
3. Transportation
There was a consensus of the commission • direct staff to look at counseling clinics in the
R-C and R-C I zone districts. It was felt that these uses are not compatible with the intent of
these zone districts..
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It was moved by Chair BRINKMAN and seconded by Commissioner GOKEY to adjourn
the meeting at 9:35 p.m. The motion passed by a vote of 7-0 with Commissioner
SHOCKLEY absent.
Ann Lazzeri, Recording Secretary
I
ANNE BRINKMAN, Chair
C:\Barbara',PC.RPTS�PLANGCOM\PC,MINUTE\I 99%990515.wpd
Fi ning Commission Page 5
04/15/99
TO: Planning Commission
DATE OF MEETING: May 6, 1999 DATE PREPARED: April 20,1999
CASE NO. & NAME: WV-99-02/Sewell CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by Michelle Sewell to initiate, vacation of an existing remnant
Piece of right-of-way east of 641 West 44' Place.
LOCATION OF REQUEST: Approximately 6400 West 44 Place
Michelle Sewell
Lahaina, HI 96761
REMO=
APPROXIMATE AREA: 25' X 140'(3,500 square feet)
PRESENT ZONING:
Residential-Three,Restricted-Commercial and
Commercial-One
PRESENT LAND USE:
SURROUNDING ZONING:
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1_7r111n7r71af7 tuc i
Commercial, and E: Residential-T�hrcc and
Commercial-One
N. and S: multi-family residential, E: vacant,
S: commercial
Transitional residential
DATE PUBLISHED: April 16, 1999
DATE POSTED:
ENTER
IV III INTO MCORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
SUBDIVISION REGULATIONS
OTHER
ffmaumm
(X) CASE FILE & PACKET MATERIALS
( ) SLIDES
(X) EXHIBITS
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met
therefore, there is jurisdiction to hear this case.
iiiii • vacation was app •
44" Place. However the applicant at the time had to withdraw his request because he was in the
process of selling the land
• the current owner. The option was left up to the current owner to
pursue the request at that time, however she did not continue with the request, and therefore the
request was withdrawn.
11. DESCRIPTION
The, applicant is requesting approval of the ROW vacation to allow for the construction of a 6'
privacy fence on the east side of the ROW. Currently, the applicant has a parking lot, access to the
parking lot and a trash dumpster located within the ROW.
The applicant has been having problems with the neighbor to the east driving onto her parking lot
within the ROW and leaving muddy tire tracks and driving recklessly, so she believed the fence
would stop him from driving on what she thought was her property. Therefore, she is requesting the
ROW vacation to take ownership of the ROW to keep her neighbor from accessing and driving
across what will become her property after the vacation is granted.
Also, it should be stated that this ROW could never be used for access to West 44" Avenue due to
the vacation of the remnant piece of ROW which was located to the south of the property in
question, That ROW vacation was completed in 1987.
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Planning Commission -2- May 6, 1999
WV-99-02/Sewell
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IV. VACATION CRITERIA
Before a street ROW vacation is approved, the applicant shall show and the Planning Commission
and the City Council shall make the following determinations:
1. That the proposed vacation will not leave any adjoining land without access to an
established public right-of-way.
If approved, the proposed vacation will not leave any adjoining land without an established
public road, The property to the east has ROW access to West 44" Avenue, to the south, and
West 44th Place, to the west. Also, if the future park is built on the vacant lot to the east,
access can be obtained by West 44 1h Place, which currently stubs into the property, and West
40 Avenue to the south.
Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street. It is
presently constructed as a half street. However, approval of this request will not hinder the
future plans of the City's Comprehensive Plan,
3. That the proposed vacation will not have a negative impact on the infrastructure of the
City of Wheat Ridge.
Approval of this request will not have a negative impact on the infrastructure of the City of
Wheat Ridge,
4. That adequate easements have been reserved for use and/or maintenance by the City
or other utility agencies.
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V, AGENCY REFERRALS
The Public Works Department has stated that, as a general policy, they • not support requests for
ROW vacations, Due to the uncertainty of the future development of the park, the remnant piece of
ROW may be used as a potential parking lot, additional access, etc. Without a plan, the questions
remain unanswered, If the vacation is approved, future options are closed. The half street is
improved and is currently being used as public access and parking by both adjacent properties.
Planning Commission -3- May 6, 1999
Vi'V-99 -02 /Sewell
� -3
The Parks and Recreation Department does not foresee the need for the remnant piece of ROW
because they believe that access will be gained from West 44' Avenue, and therefore they won
probably locate their parking lot closer to West 44" Avenue. I
This request was referred to all • the outside agencies. Most of them made verbal replies over
phone. There were no outside concerns from any of the agencies. I
OPTION B: "I move that Case No. WV-99-02, an application for approval of a right-of-way
vacation of an unused portion of Lamar Street (approximately 6400 West 44" Place) be
recommended to the City Council for DENIAL for the following reasons:
I .
2.
3."
EAWCartney%casc fi1csNWV-99-02,SR,wpd
Planning Commission -4- May 6, 1999
WV-99-02/Sewell
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The City Of Wheat Ridge
Dept. Of Planning & Development
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Re: Proposed Lamar Street
Dear Mr. Gidley,
Your cooperation in this matter is greatly appreciated.
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NiEtiFUTH RECKERT www (30$ ) 235-2648
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Approved Date
TO: Sean McCartney, Planner I
FROM: Bob Goebel, Director of Public Works
DATE: April 22, 1999
SUBJECT: Street Vacation, Lamar Street south of 44 Place
At this time, I must recommend that we deny the request to vacate. If and when the final park
plans show that there will never be a need for this right of way, then I would be more
comfortable recommending vacation. If the Planning Commission and City Council do
recommend vacation, we must reserve a utility easement for the existing facilities,
l� ID
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LAND USE CASE PROCESSING APPLICATION
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge. CO 80033
Ph- neMX235-4
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Type of action requested (check oiie or more of the actions listed below which pertain to your request.)
,tailed description of the req
Date received Receipt Noii iil---,. Case No,
Related Case Not4J Zoning Quarter Section Map