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Home My WebLink About05/20/1999Minutes of Meeting May 6,1999 CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 730 pm. on May 6,1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Staff Members Present: 3. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES MMEEM - orwov" Sean McCartney, Planner Ann Lazzeri, Secretary • 1 1 To approve T?MMMTM7 of the April 15, 1999 meeting as presented. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. A. Case No. WV-99-02 An application by Michelle Sewell to initiate a vacation of an existing remnant piece of right-of-way east of 6410 West 44th Place. The property is currently zoned Residential-Three, Restricted-Commercial and Commercial-One. EMEHM rw4» 2w 1. 1 1 16 Fib ce ChGKEY commented that if the right-of-way is vacated, the applicant would be ab to and from his business. Mr. McCartney replied that this was correct and also noted that :. adjacent owner has direct access onto 44th Avenue. the opinion that since the owner originally dedicated 25 feet for the right of way, the land would revert back to the owner if the right-of-way is vacated. Alan White explained that < < »a < «. erts back to the owner who originally dedicated the right-of-way. Commissioner SNOW asked if the applicant could put a fence on her own property to prevent through traffic. Felsie replied that she would have to place the fence outside of the right-of-way and residents would have to walk around the fence to get to their parking. Planning Corrunission Minutes -2- May 6,1 999 east side of the driveway to protect children as well as the residents' quality of life. She entered the following documents into the record for the Commission to review: 1. Photographs of commercial vehicles using the subject area. 2. Petition containing 18 signatures of neighborhood residents indicating they are in favor of the vacation. IMF Me ITUT 11MV X1013IMI • I-W IS. =*,"r7puell I C arc lift JIMUS, U11f.11 1 PUTKH1g spaces. 11 Ine fIgUL I be used, 4 parking spaces would be lost. In response to questions from Commissioner DOYLE, Ms. Bartow explained that the apartments were built in 1961 and the subject area has been used for parking since that time. The piece to the south was vacated in 1972. The present owner discovered she didn't own the driveway when she investigated the possibility of erecting a fence to prevent the truck traffic from using it as a thoroughfare. 1, 1 11 6 Commissioner COLLINS questioned the operation of a business in this zone stating that although the property is zoned commercial in the front, the garage is located in the back portion of the property that is zoned residential. Mr. McCartney stated that the city has taken code enforcement action in this matter. Ms. Bartow stated that the city has issued nine citations to the owner of the commercial property, but he has continued to use the property in spite of the citations. In response to a question from Chair BRINKMAN, Ms. Bartow replied that none of the neighbors who were approached with the petition refused to sign. The following individuals indicated they were in favor of the application, but did not wish to speak: Planning Commission Minutes -3- May 6, 1999 Christine VanDyke - 9346 West 44th Place Ruth Malone - 7610 Robinson Way Marion Capillupo - 6410 W. 44th Place Jessica Stuhhniller - 6410 W. 44th Place Toi Pietchell - 6410 W. 44th Place Mr. White noted, for clarification, that a copy of the deed included in the Commission packet indicated that the property was deeded to the County in 1960. "OPM Commissioner THOMPSON asked if the Commission could be assured that if the vacatio takes place, the vacated parcel would legally belong to the applicant. Mr. White replied th ordinances for vacation of right-of-way direct the county assessor to assign ownership of property pursuant to state law. I It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. WV-99-02 be continued until such time as the City Council makes a definite decisi about the park for the following reasons: I I Plans for the park are indefinite at this time. The City Council has made no final plans i about whether or not to buy the adjacent land for a park and, if it is purchased, what the layout of the park and necessary parking will be. 1 Public Works has recommended denial due to the uncertainty of future development of the park and possible need for parking or access. 3. The problem of commercial trucks crossing the property can be stopped by city action I That the case can be reheard after City Council makes a decision about the park with no additional application fee. Mr. White asked for a point of clarification regarding what would constitute a council decision on the park situation. Commissioner SNOW offered the following amendment to the motion: Planning Commission Minutes -4- May 6, 1999 If the Council votes not to enter into negotiations for the park, that the applicant come back immediately. If purchase of the park is not approved by a year from now that the applicant can come back with notee. iiiiii 1 16 J11 11106 1111 lillisicimm The motion failed by a vote of 1-7, with Commissioner SNOW casting the one affirmative vo and Commissioner SHOCKLEY absent. i It was moved by Commissioner THOMPSON and seconded by Vice Chair GOKEY that Case No. 'vW-99-02, an application for approval of right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44th Place) be recommended to the City Council for approval for the following reasons: I The property has not been developed and has been recently used only as a parking lot and access for the adjacent multi-family structure to the west. 3. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan, 4. It will eliminate an indirect access to West 44th Place due to safety reasons. 5. It will not prohibit the possibility of legal access to West 44th Place for the land owner at 637 West 44th Avenue. 6. If the vacant land to the east is developed, there would be adequate access to West 44th Place. With the following condition: We would retain the utility easement per the recommendation of the Public Works Department. 77TTITT-7, w1r7 to rile tirst reason very recently" preceding the words "used only as a parking lot ..... The amendment was accepted by Commissioner THOMPSON and Vice Chair GOKEY, Commissioner SNOW noted that she would not support the second motion for the first three reasons stated in her motion to continue. Planning Commission Minutes -5- May 6, 1999 The motion passed by a vote of 6-2 with Commissioner SNOW voting NO and Commissioner SHOCK absent. Commissioner SNOW moved and Commissioner MacDOUGALL seconded that the Planning Commission adopt a resolution that, regardless of the outcome of the vacation application, the staff take all possible steps to take legal action as soon as possible to stop the commercial usage of the property that is riot zoned commercial including the use and passage of heavy trucks through noncommercial property onto West 44th Place. the commercial owner. Mr. White replied that it is an active ongoing case and he is not aware of the exact reasons for issuing each citation. It was moved by Commissioner SNOW, seconded by Commissioner THOMPSON and unanimously carried with Commissioner SHOCKLEY absent, to adopt a resolution presented by Alan White requesting the City Council to announce a vacancy on the Planning Commission. 10. STUDY SESSION It was moved by Vice Chair GOKE Y and seconded by Commissioner SNOW to adjourn the meeting at 9:48 pm. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. Ann Lazzeri, Recording Secretary ANNE BRINKMAN, Chair C,�Barban' Planning Commission Minutes -6- May 6, 1999 TO: Planning Commission FROM: Alan White, Planning and Development Director 0 SUBJECT: Comprehensive Plan Study Session DATE: May 11, f 999 The next study session to discuss the Comprehensive Plan is scheduled for May 20' From the last meeting, the Chapters to be covered are: Chapter 4 — Community Amenities and Community Services Chapter 7 — Environs and Regional Cooperation Please review these Chapters before the meeting. We will meet in the Council Chambers beginning at 7:30. Enclosed is the revised Chapter 3 -- Community Character. April, 1999 Planning Commission Draft ^HAPTER 3- COMMUNII 1, CH ry ARACTER Today, too many of our towns and cities look very much alike. The following goals and policies were developed to aid the City, its residents, and its builders in the following ways: Wheat Ridge Comprehensive Plan - A Guide to Development Page 1 April, l"9 Planning Commission Draft STRENGTHENING WHEAT RIDGE'S IMAGE AND IDENTITY To enhance the City of Wheat Ridge's character and appearance, this plan establishes the following goals and policies: measured steps that imelude the 4 1 ALL Wheat Ridge Comprehensive Plan - A Guide to Development Page 2 T5 -I" W."M m-qf N TWW 4 1 ALL Wheat Ridge Comprehensive Plan - A Guide to Development Page 2 MIN AdOWN NOW F-TT-M-11PRIFERMIN R-w- OWN M Wheat Ridge Comprehensive Plan - A Guide to Development Page 3 NOW F-TT-M-11PRIFERMIN R-w- OWN M Wheat Ridge Comprehensive Plan - A Guide to Development Page 3 April, 1999 Planning Commission Draft ;;; ;; � I i I I LOMA I J, L11 ki I k W&ORTITZ"ETWI I I III 111 1111 11 11 111111 11 � I �� 11 "I'll 11 gly pi� I III , , 11 1 �� I 1 1! 1 1111 1111911 0 111 11111111111111111 �11 pill Mimi fal 1. Goal: Encourage citizens, business, property owners and government to take an active role in providing an aesthetic and pleasant environment for all citizens. 2 Goal: Identify unique historic structures and resources, develop a plan to preserve them, and make those owned by the City open to the public. Wheat Ridge Comprehensive Plan - A Guide to Development Page 4 Wheat Ridge Comprehensive Plan - A Guide to Development Page April, l"9 Planning Commission Draft Farmers quickly took the initiative in cultivating the land through homesteading and diverting irrigation water to the farms; planting wheat, fruit trees, flowers, vegetables and berries and constructing homes, schools, churches and roads, They created a community pride and spirit, which has prevailed to this day. Since the end of World War It in 1945, our locality has been a focal point of suburban housing and commercial development. People, while visiting us, appreciated what they perceived and decided to reside here. They appreciated the many positive advantages of living in the area. Along with the advantages, however, growth-related problems began to develop. The City of Wheat Ridge was incorporated in 1969. Wheat Ridge Comprehensive Plan - A Guide to Development Page 7 April, 1999 Planning Commission Draft Our o a people a _ a feeling of belonging, and will support cooperative effort a • community spirit preserving and fostering moral • spiritual values of pioneers; and will assist in preserving the • _ p • existing environments which those early • s courageously built and tenderly preserved. Wheat Ridge Comprehensive Plan - A Guide to Development Page 8