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HomeMy WebLinkAbout06/19/1997AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION JUNE 19,1997 Notice is hereby given of a Public Hearing to be held before the City of Wheat Ridge Planning Commission on June 19, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. U10000���� �40 f �Jlfl 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) �ff 1 1i I , �;i ii a I I 1 4 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 6 of the Public Hearing Section of the Agenda.) 7. PUBLIC HEARING i A. !Cgse, CIIP-97-4: A request by the Wheat Ridge Presbyterian Church to approve a request of a Conditional Use Perment to allow a church and outdoor worship area on Residential-Two zoned property located at 9180 W. 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Recording Secretary's comments. I MINUTES OF MEETING ACIF June 5, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairpers WILLIAMS at 7:30 p.m., on June 5,1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. I H!1000��M Janice Thompson STAFF PRESENT: Glen Gidley, Director Planning & Development Meredith Reckert, Senior Planner Marilyn Gunn, Recording Secretary The following is the official copy of Planning Commission minutes for the Public Hearing he on June 5, 1997. A copy of these minutes is retained both in the office of the City Clerk and the Department of Planning and Development of the City of Wheat Ridge, 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW • approve the agenda with additions made by Commissioner CERVENY to Section 11, Discussion Items: Comp Review Plan. Motion passed 7-0. Planning Commission Minutes June 5, 1997 Page 2 5. APPROVAL OF MINUTES A motion was made by Commissioner RASPLICKA, second by Commissioner SNOW to approve the Minutes of May 28, 1997. Motion passed 7-0. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing Section of the Agenda.) mm• A. Case No AVZ-97-7; An application by Louis Fieco on behalf of Dorothy Smith and Lenore Harris to rezone from Residential-Two and Commercial- One to Planned Commercial Development and outline development plan for property located at 6225 W. 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Planning Commission Minutes June 5, 1997 Page 3 anticipate excessive noise from a new 35 HP motor as opposed to what was the case with older 5 HP models. Discussion was held regarding semi-trucks, fill to be used, flood plain concerns, reluctance ► having a tire recapping business, landscaping, loading zones, general traffic, noise, zoning, A *mits . time limited semi aarkincL, outside storage, %.Ve of businesses allowed, and effort to save as many trees as possible. Planning Commission Minutes June 5. 1997 Page 4 plan approval and final development plan approval with a variance for property located at 9500 W. 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Chairperson WILLIAMS swore in Chris Rusch, 6108 S. Pierson, Littleton, 80127. Mr. Rusch is the sign designer and presented the proposed sign overview. Planning Commission Minutes June 5, 1997 Page 5 The following motions were presented: Commissioner SNOW motioned, Commissioner THOMPSON seconded, "that Case No. WZ-97- 5, a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be DENIED for the following reasons: Commissioner BRINKMAN motioned, Commissioner CERVENY seconded, "that the request for approval of an outline and final development plan for property located at 9500 West 49th Avenue. be APPROVED for the following reasons: I A rezoning is required to expand allowed uses as recommended by Staff which would allow a land use transition. 2. All requirements for a PCD outline development plan have been met. Planning Commission Minutes June 5, 1997 Page 6 Commissioner THOMPSON motioned, Commissioner CERVENY seconded, "that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be APPROVED for the following reasons: I Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not had a negative impact on property values or public welfare. 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks. With the following conditions: I . Landscaping be installed around the base of the sign. 2. No other freestanding signs be allowed on the property." Planning Commission Minutes June 5, 1997 Page 7 Chairperson WILLIAMS swore in the following meeting attendants: Sharon Peterson, 12360 W. 49th Avenue. She felt that the truck parking restriction should be reconsidered. She also felt that the outside storage areas in an industrial area, which is not visible from the street, should not have to be screened. Jim Oglevie, P.O. Box 2808511, Wheat Ridge. He stated that notifications should be sent out any time this subject is going to be discussed. He also questioned the fencing requirements which Director GIDLEY clarified for him as well as permitted uses. He questioned the fencing requirements which Director GIDLEY clarified for him. Planning Commission Minutes June 5, 1997 Page 8 The following motions were made • Commissioner SNOW, seconded by Commissioner SHOCKLEY: "That Council Bill Exhibit 'A' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailers upon property located within Commercial and Industrial zone districts, be forwarded to the City Council with a recommendation of APPROVAL with a request of the Staff to further define the phrase " any noncommercial use" and that Paragraph 8 be deleted." Motioned carried 7-1 with Commissioner CERVENY voting no. "That Council Bill Exhibit 'B' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 8-0. "That Council Bill Exhibit 'C' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscap requirements within the Light Industrial (1) zone districts be forwarded to the City Council wi the recommendation of APPROVAL." I Motion carried 6-2 with Commissioners THOMPSON and CERVENY voting no. "That Council Bill Exhibit 'D' regarding: An Ordinance amending the Zoning Code of the Wheat Ridge Code of Laws, pertaining to Special Uses be forwarded to the City Council with a recommendation of APPROVAL with the following changes: I That Item 'B' remain as it was with no changes 2. That Item 'B' (1) last sentence be changed to: 'Approval of these special use permits shall become a vested property right which may transfer with the land or lease, subject to compliance with the conditions of approval.' 3. That Item 'B' (2) first sentence be changed to: 'This category of special use is less Planning Commission Minutes June 5, 1997 Page 9 dependent upon unique site ancl/or • ul accommodate the use but is highly dependent upon proper management to ens that operational aspects of the use..." i F) C—aae N% ZQA 27-2: An application by the City of Wheat Ridge for approvm of an amendment to Section 26-30(T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities. I Commissioner SNOW motioned, Commissioner RASPLICKA seconded, "that Case No. ZOA- 97-2 and application by the City of Wheat Ridge for approval of an amendment to Section 26-30 ('r)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities be forwarded to the City Council with a recommendation for APPROVAL." Motioned carried 8-0. 10. NEW BUSINESS Commissioner THOMPSON suggested reviewing the horsepower standards and high tech businesses. She felt many may have a low impact on the area and she would like to know whether or not these uses should be allowed in commercial areas. She stated she would like other cities to be polled, review of their rational, and what high tech businesses entail. A motion was made by ComrnissionerTHOMPSON, seconded by Commissioner CERVENY to review these items. Motioned carried 8-0. Planning Commission Minutes June 5, 1997 Page 10 13. ADJOURNMENT Meeting was adjourned at 12:45 pm. by consensus. Marilyn Gunn, Recording Secretary NAME & ADDRESS OF APPLICANT(S): Wheat Ridge Presbyterian Church 9180 W. 38th Avenue Wheat Ridge, CO NAME & ADDRESS OF OWNER(S): Presbytery of Denver 1710 S. Grant Street Denver, CO APPROXIMATE AREA: 2.55 acres PRESENT LAND USE: Church, vacant SURROUNDING SURROUNDING LAND USE: N:, S:, W: low density residential E: institutiona.1 COMPREHENSIVE PLAN FOR THE AREA: public/serni-public (X) ZONING ORDINANCE SUBDIVISION REGULATIONS lumigaza= OTHER (X) RELATED CORRESPONDENCE ----------------------------------------------------------- ----------------------------------------------------------------------------- J0101010; Th -7-xmkt,ert-x I within thn Ci )nnaidlkLtcr�memAd, therefore, there Is jurisdiction to hear this case. Staff Report Page 2 June 13, 1997 CUP-97-4/Wheat, Ridge Presbyterian Church MOMMINAM The applicant requests approval • a conditional use permit to allow a church and outdoor worship area on Residential-Two zoned property located at 9180 West 38th Avenue. Pursuant to Wheat Ridge Code of Laws, Section 26-6(A) Conditional Uses are "Permitted Uses" which are subject to review to ensure the use is properly designed so as to mitigate potential negative impacts to the neighborhood. 11. SITE PLAN are still being finalized. Staff has prepared Exhibit 'A"which is a cross- section diagram of example buffering showing a berming with a double-sided wooden fence and dense landscaping. The outdoor worship area will be used for church service when the weather permits, weddings and occasional performances by the church's youth group. The amphitheater will not be covered and will not be lighted although electricity is being wired in. Low level courtesy lighting may be installed for safety purposes. A 200-watt P.A. system will be used for voice amplification. nere is a property ime encroacnmenrw= occTrs ailing ie eas sic - — — ,, , LTnyVMKMg-4rcd This strip is shown on the site plan with an existing chainlink fence. The church is negotiating with the adjacent property owner (Wide Horizon) for acquisition of this strip. • Es• •� Staff Report Page 3 June 13, 1997 CUP-97-4/Wheat Ridge Presbyterian Church Charles Miller - 3' )60 Braun Road Jim Niquette - 3860 Everett Street Edith and Hollis Fender - 3850 Holland Street The folio - vNing items were discussed: What type of public announcement system will be used. MINE 6=1 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. The proposed conditional use will allow the expansion of an existing use. There will not be a major impact on traffic on West 38th Avenue. There is potential impact regarding noise generated from outside functions. The use of a solid, double-sided fence on top of a berm, with heavy landscaping with evergreen trees would mitigate this potential impact. 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Construction of the new worship facility will not affect the amount of light and air to adjacent properties Staff Report June 13, 1997 CUP-97-4/Wheat Ridge Presbyterian Church N= as there will be primarily surface improvements and no building mass. There will be a negligible affe of the amourit of vehicles traveling to and from the site since there are no ambitious plans to increase membership norwill the new worship area dramatically increase seating capacity, There could be a 4mm"alm. ate the negative affects wil fencing, berming and landscaping. I consistent with the ComM33a3D32OLM The Comprehensive Development Plan designates this area as Public/Semi-Public on the edge of Low Density Residential to the west. The use of the property as a church would correspond to the Public/Semi-Pubic designation. A church is considered compatible and complementary to a residential neighborhood. Staff concludes that the proposal is consistent with the Comprehensive Plan. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. There will be a negligible impact to the traffic on West 38th Avenue since the congregation will not greatly increase in size. The current parking area behind the church will still be used. The parking area is striped with appropriate parking stall size and adequate aisle width and sign a e. Parking and loading ' g on-site could not be considered to be hazardous. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. Height and bulk are not an issue. The applicant is attempting to reach a compromise with the adjacent property owner who is most affected (Wide Horizons) in regard to buffering, A combination of fencing, berming and landscaping will be used. The church has indicated the construction of a masonry wall as requested by Wide Horizons will be cost prohibitive. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. Staff has already concluded that there will be a small impact on public streets. All agencies can serve the property. There will be no affect on parks and schools as no new dwelling units are being proposed. All agencies can serve the property. Wheat Ridge Fire Protection District has no concerns with the proposal. Public Works will require a final drainage report for the proposed improvements with a fill permit as well. Staff Report Page 5 June 13, 1997 C Ridge Presbyterian Church Staff concludes at approval of a Conditional Use Permit is required to allow the construction of the outdoor worship area. Staff further concludes that the proposal is consistent with the Comprehensive Plan and that noise impacts to adjacent properties can be minimized with proper landscaping design and improvements, Since the criteria used to evaluate a conditional use support this request therefore a recommendation of approval is given with the following conditions: The use of the amphitheater be used only for church functions, not by outside community groups or as a money-mak-ing venture (IE, renting out for private affairs). g ! - 1 3. • increases in wattage for sound system • allow(a I A conditional use permit is required to allow construction of the outdoor worship area (amphitheater). 2. The proposal is consistent with the Comprehensive Plan., and, 3. The evaluation criteria support approval of the request. • 1. 2. 3. Option B: "I move that Case No. CUP-97-4, a request for approval • a conditional use permit • allow a church and outdoor worship area • property zoned Residential-Two located at 9180 West 38th Avenue, be DENIED for the following reasons: 1. 2. 3. xx m Ul 'A' Fin 1- 77 WA D E H 0 R I Z 0 N Meredith Reckert Planning and Development City • Wheat Ridge 7500 West 29th Ave Wheat Ridge CO 80215 JJ fir, We want to thank you for the opportunity to express our views regarding the Presbyterian Church's proposed construction of an outdoor worship center and memorial wall. The Wide Horizon Board • Directors has two major concerns about the project. Wide Horizon is prepared to approve the church's request and convey to them our rights t a strip of land (25' by 217') vacated by the County along our common property line and additional strip (5' by 217') east of our existing property line in exchange for an adequate sound barrier. 9t1(3 West 38th Avcnuc - Wheat Ridge, Colorado 80033.303/4 4 -4445 \ c: Presbyterian Church Wheatridge Presbyterian Church is proposing to build an Outdoor Worship Center and Memorial Garden on the property located at 9180 W. 38th Avenue. The location of this meeting is Wheatridge Presbyterian Church, Fellowship Hall, 9180 W. 38th Avenue at 7:30 p.m. on Tuesday, May 6, 1997, Ims - srorvaTJ testimony, it puDlic nearings In TruffDMUl"Tanning CtEm _ - j are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings, The kinds of concerns residents normally have include the following* After attending the Neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the city along with his application. M The City of 'GWheat ge WIJIMM MOM M X Type • action requested (check one or more • the actions listed below which pertain to your request.) Detailed Descrintior� of request List all persons and companies who hold an interest in the described real property, as owner, mortgagee,'lessee, optionee, etc. Department • Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 I Date Receivl6d Receipt No.&Q31ij Case No. 6 411:7 - 4 7 �L 5� v 1 ' j T tip ! i i { r91 'tG'G f + I `5 1 !( rTHKA . LOPTIEn w k k f A 1 ' j T tip ! i i { f A � w 1 4. R; t t p ` App -.o .,..._,_._.....,..... . { TW., t "71 Pt "-4 1 4. NOS188vo I - 5 -1 1 1 i 5 e G A Ni Mi I r " 11-7 n U U = In 'a I jo ED - tS, ONVIUVO I k F Y SLF CAA