HomeMy WebLinkAbout08/21/1997MINUTES OF MEETING
CITY OF WHEAT RIDGE PLANNING COMMISSION
August 7, 1997
1. CALL THE MEETING TO ORDER: The meeting was called to order • Chairperson
WILLIAMS at 7:30 p.m., on August 7,1997 in the Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Of 11 191
PUBLIC HEARING
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may
be recommended for placement on the agenda.)
Mr. Dahl clarified adjustment to the Agenda Items "C" and "D" by stating that he believed it
would be more efficient to combine the public hearing. He further stated that it would make
sense to hear any testimony regarding the eleven ordinance changes or any one in particular. He
clarified as well that individual motions would be necessary for each ♦ the ordinances.
accept the order • the agenda. Motion carried 5-1 .
Planning Commission Minutes
August 7, 1997
Page 2
4 1
A motion was made by Commissioner SNOW, seconded by Commissioner BRINKMAN, t*
approve the Minutes as written with correction. Motion carried 4-0 with Commissioner
CERVENY abstaining.
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.)
Planning Commission Minutes
August 7, 1997
Page 3
A. Casg NQ, MS-97-2; An application by Diana Whitfield for Toula Daddis for
approval
► a two-lot subdivision for property zoned Residential-Two and
Residential-Three. Said property is located at 4445 Parfet and 11050 West
45th Avenue, City of Wheat Ridge, Council of Jefferson, State of Colorado.
General discussion took place regarding the R-2 line, drainage, land dedication, public acces
sidewalk requirements, the high tension wires, easements and permitted building area. I
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Diane Whitfield, 1584 Myrtle Street, Brighton, Ms. Whitfield is the applicant representative,
She said she felt that the best use of this property is for a single family residence.
Planning Commission Minutes
August 7, 1997
Page 4
• OT-410011 IIIIIIIIIIIIII 1 11111111
move mal Use IT a request INT-uppra-VIO-01 w
R-3 zoned property located at 4445 Parfet and 11050 W. 45th Avenue, be Approved for the
following reasons: I
I The owners have requested a subdivision in order to create a lot for a single family home
on West 45th Avenue.
2. All minimum requirements of R-2 and R-3 zone district regulations have been met.
3. All requirements of the subdivision regulations have been met.
With the following conditions:
1. Legal description problems be corrected before review by City Council.
2. A note be added to the plat requirement that no existing mature trees be removed unless
in direct conflict with a building Development."
B. Case No. ZOA-97-5: An application by the City of Wheat Ridge to consider
a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26,
Zoning Code, relating to Group Homes.
Planning Commission Minutes
August 7, 1997
Page 5
Motion carried 5-0.
Chairperson WILLIAMS stated that he would prefer more time to digest all of the information
Planning Commission Minutes
August 7, 1997
Page 6
Commissioner SNOW inquired if Council had the authority to have first and second reading
• even if the Commission does not make a decision. Mr. Dahl stated that no recommendation
• ajigie, cin tranilaie int • the Commission had taken as much action as it could and
Planning Commission Minutes
August 7, 1997
Page 7
ordinance revision continued,
Question was asked by Commissioner CERVENY, as to the intent that was behind the
recommendation?
Jill III
Susan Seeds, 6147 West 35th Avenue read a letter from Karin Heine to Planning Commission,
commending CPRC • their efforts.
ORMUZ 73 RiffliffiRl I III I
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Planning Commission Minutes
August 7, 1997
Page 8
My-# go Owng 01 * I
Jerry Ditullio, 3250 Newland. As a citizen he supports the recommendations of CPRC and
hopes for approval.
and policies of the CPRC or the actions of the CPRC. He will not have any further discussio
regarding that issue.
Lee Wedgewood, 10902 W. 20th. He speaks as a citizen and does not represent duplex owners.
There was further discussion and clarifications of the numbers of duplexes, owners and the,
investors roles in the City of Wheat Ridge. Mr. Wedgewood does not support the proposed
amendment.
Katherine Dunlap, 7160 W. 30th Avenue, Wheat Ridge, Mrs. Dunlap speaks as a citizen. She
points out that CPRC addresses issues to maintain neighborhood characteristic and she agrees
with this. Ms. Dunlap supports the proposed amendment.
Martin Boros, 7200 W. 3 1 st Place, Wheat Ridge. Mr. Boros thanked the CPRC for their tim
and effort establishing recommendations for the development and density standar#
i# # pports the proposed amendments.
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Jean Fields, 3270 Fenton Street, Wheat Ridge, Mrs. Fields is a CPRC member. She states that
this meeting should focus on the density issue.
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Commissioner BRINKMAN asked a question in regards to the density revisions; were they done
under the past or current regulations?
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Planning Commission Minutes
August 7, 1997
Page 10
Developernent on Multiple Parcels or Lots (Consolidated Plat or Deed), be approved"'
A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, I
move a request for approval to amend Section 26-30(c)(4)(d) of the Wheat Ridge Code of Laws,
Planned Building Group, be approved:"
A motionwas made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, I
move a request for approval to amend Section 26-25(IV)(B)(1) • the Wheat Ridge Code of
Laws, Planned Residential Development Site Design Criteria and the interim be continued tL*
August 14, 1997.
A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I
lmove a request to observe no Ordinance change required for Residential-Three Duplex to a
Residential-Three A with respect to duplexes, be approved:"
i��� ;� 111 ij� •
10. NEW BIISINESS
Commissioner SNOW scheduled a joint meeting on August 14, 1997 with the
Planning Commission and CPRC is to discuss goals and policies.
Planning Commission Minutes
August 7, 1997
Page I1
i,
Commissioner CERVENY discusses his concerns on having goals and meeting these
specific goals in the future.
1IRTMIUM M11
PRESENT LAND USE: Residential Single Family
DATE POSTED: August 7, 1996
AGENCY CHECKLIST: NOT REQUIRF-1
RELATED CORRESPONDENCE: (X.X) )NONE
LIVARkMOMIAME
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The applicant requests the approval of a rezoning from Agricultural-One to Residential-One A, and a 2-lot
minor subdivision plat at 4_3 13 ) Jellison Street.
The Wheat Ridge Comprehensive Plan shows Commercial Activity Center land use extending into the
neighborhood, from Kipling Street. But, because the character of the existing neighborhood is primarily
residential, staff does not anticipate commercial activities intruding into this residential neighborhood. It
would be recommended that any rezoning for properties along Jellison Street remain residential.
Separate motions will be needed for each action.
In accordance with Wheat Ridge Code of Laws, Section 26-6 (C), before a change of zone is approved, the
applicant shall show and Planning Commission shall find:
1. That the change of zone is in conformance, or will bring the property in conformance with
the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive
Land Use plan and other related policies for the area.
The Wheat Ridge Comprehensive plan designates the area as Low Density Residential transitioning into
Commercial Activity Center. The request for low density residential would be in conformance with the
Comprehensive Plan. The character of the neighborhood is primarily low density residential, incorporating
Agricultural-One, Residential-One A and Residential-Three zone districts and the property is currently being
Planning Commission Staff Report Page 3
WZ-97-9 / MS-97-3 / Johnston
used as residential single family. Therefore, a zone change to Residential-One A will be consistent with
the surroundings.
2. That the proposed change of zone is compatible with the surrounding area and there will be
minimal adverse impacts considering the benefits to be derived.
on to, nor commercial access off of Jellison Street. Therefore, the proposed 2-lot minor
zone change will not have an adverse impact on the neighborhood.
3. That there will be social, recreational, physical and/or economic benefits to the community
derived by the change of zoning. .•"
The social and physical benefits attributed to the request is that the two parcels will remain low density
residential. But, because the request is neither for an additional park • commercial use, there will not be
any recreational • economic benefits to the community,
4. The adequate infrastructure/facilities are available to serve the type of uses allowed by the
change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
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Also, because Jellison Street is a paved right-of-way, there is adequate and safe access onto the propos
site.
5. That the proposed rezoning will not adversely affect the public health, safety or welfare by
creating excessive traffic congestion, create drainage problems, or seriously reduce light and
air to adjacent properties.
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6. That the property cannot reasonably be developed under the existing zoning conditions.
Because the property is currently located in the Agricultural-One zone district, and is at least I acre in size,
the property does comply with the current development regulations. But, the applicant has stated that the
property is too large for her to maintain by herself, and is seeking approval of the rezoning and subdivision
reM uest to allow for the sale • half of the lot to allow the property to • sold and developed.
7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
Residential-One zone district, staff consulted with the applicant prior to submittal of the application anJ
inf-irmed her that a rezone • Residential-One A would allow for consisteneg with the surroundin zone
!iistrict (to the east and south).
As previously stated, the applicant is seeking approval of the request because her property is currently too
large for her to maintain by herself. Therefore, approval of the request will pen development of an
existing open area, thus providing the necessary improvements whichwill allow for compatibility with the
existing neighborhood.
The applicant is requesting approval • a 20' front yard setback variance to the 30' front yard setback
requirement. The request is based • the 25right-of-way dedication requirement established by the Wheat
Ridge Public Works Department. If approved, the adjusted property line will be approximately 10' from
the existing residential structure.
In accordance with Wheat Ridge Code of Laws, Section 26-6 (D), before a variance is approved, the
applicant shall show and the Planning Commission shall find:
1. Can the property in question yield a reasonable return in use, service, or income if permitted
to be used only under the conditions allowed by regulation for the District in which it is
located; and,
Yes. If denied, the property in question may yield a reasonable return in use, service or income. But,
because the need for the variance is based upon a 25right-of-way dedication required by the Wheat Ridge
Public Works Department, there will not be a physical adjustment or change to the infrastructure or the
existing structure.
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Johnston
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2. Is the plight of the owner due to unique circumstances; and,
Yes. The plight of the owner is due to the 25' right-of-way dedication required along Jellison Street.
3. If the variation were granted, would it alter the essential character of the locality; and
character of the locality , %vill, not be effected by the approval of the variance.
6. Is the purpose of the variation based exclusively upon the desire to make money out of the
property; and,
No. The purpose • the variation is due to a public right-of-way dedication, required • the city, as
pertains to a proposed subdivision. The subdivision request is based upon convenience for the applic
not solely upon the desire to make money out of the property.
LIZONAMMA0 MIMM
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8. Would the granting of the variations be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located; and,
No. Granting of this variance would not be detrimental to the publics welfare or injurious to other property
improvements as there will not be any physical changes to the existing residence or infrastructure.
9. Would the proposed variation impair the adequate supply of light and air to adjacent property
or substantially increased the congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood, and
not change the physical attributes of the existing structure.
Approval ot this vanan —_ not t6ene i or 6 # i on to Vie neig M •4) * I • TITTURT17 MM T
variation will not change the character • the community. The variation, as stated before, is due to a
dedication of property for public right-of-way. The existing home has remained in the same location for
more than forty years. I
If the rezoning and variance portion of this case is approved, the third portion of the application has grounds
to be approved.
Currently, there is an existing house located on the south portion of the existing property, which measures
238' X 195' X 27 F X 145' (1. 1 acres). The 2-lot minor subdivision would allow for the creation of two
separate, conforming lots. The proposed lots would allow for 21,052 square feet (lot 1), and 19,422 square
feet (lot 2). The existing house will be located • Lot 1.
Although the proposed parcels would be large enough to be located in the Residential-One zone district, it
is staffs' opinion that a rezone to Resi•ential-One A would be more compatible with the existing
surrounding zone district. Both the Residential-One and Residential-One A zone districts permit similar
LIT-A5925MORIMMM Mit. to
single family uses.
arm
Along the north and west property lines, there is an existing drainage ditch (labeled as "Oulette Ditch").
There has been a ditch easement established along the north and west property lines.
As shown on the plat, Public Works required the dedication of 25' of land from the eastern portion of the
property (along Jellison Street). There -, ,vfll also be 5' utility easements required along the north, south and
west property lines. The required 10' utility easement is shown on the east side of the properties.
MEMO!
V. AGENCY REFERRALS
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property that should be adequate to serve the proposed property to the north.
.Irvada Fire Protection District does j2rovide fire Qrotection through stationR
Wheat Ridge Public Works requested a 25'right-of-way dedication along Jellison Street. I
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OPTION A: "I move that the request for the 20' front yard setback variance, to the 30 front yard setback
requirement for the property at 4313 Jellison Street • approve for the following reasons:
I Approval • the request will not change the physical attributes • the existing residence and right-of-
way infrastructure.
2. The need for the variance is based up• n the 25'right-of-way dedication required by the Wheat Ridge
Public Works Department.
3. The essential character of the locality will not be changed."
OPTION& "I move that the request for the 20' front yard setback variance, to the 30' front yard setback
requirement for the property at 4313 Jellison Street be denied for the following reasons:
I .
2.
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Contra Ltd.
8795 Ralston Road, Suite 240
Arvada, Colorado 80002
Re: Josephine Johnstone Minor Plat,
Review Comments • Minor Plat
4313 Jellison Street - First
The first review has been completed of the above referenced
document received on July 14, 1997 for the above referenced
project, with the following comments noted:
1. The title needs to be changed to read "Minor Subdivision".
5. At least 25-feet of right -of -way will need to be dedicated and
appropriately noted on the plat.
cc: Dave Kotecki, Sr. Project Engineer
Steve Nguyen, Traffic Engineer
John McGuire, City Surveyor
Sean McCartney, Planner
File
Mr. Sean Mc Carthy
Department of Planning and Development
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO. 80033
RE: Josephine Johnson Minor Plat.
We have reviewed the plat for the rezoning and have the followin
comments.
1. Fire protection is provided to this site by Station 1, 7900
W. 57th Ave. and Station 2, 12195 W. 52nd Ave.
2. The present street is a dead end access roadway in excess of
150 feet. If new construction is to take place any possible
provisions for an approved turn around need to be considered.
UFC 94 902.2.2.4
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Arvada Fire Protection District
9)
Steve Ste)ie - er
Deputy Fir Marshal
VALLEY WATER. DISTRICT
PO, BOX 9 12111 WEST 52ND AVENUE
WHEAT RIDGE, COLORADO 60034
TELEPHONE 424.9661
FAX 424-0828
♦ s
MEMORANDUM
TO Sean
Planning and Development
Police Department
• • s • • • •
Tws DEED, made this 1St day of August
19 72 „between EULA M. BOWMAN
CC
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Coe)
Tws DEED, made this 1St day of August
19 72 „between EULA M. BOWMAN
I
WITNESSETH, That the said part Y of the first part, for and in consideration of the sum of
>t
E
(Consideration less than $100.00. No documentary fee needed.)
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
-4
state, right, title, interest,
I IM
IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set her
hand and seal the day and year first above n.
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Signed, Sealed and Delivered in the presence of
E- LA WMM
...... ............................... [SEAL]
..................... .................... ............................ ...... ............................ ......
.................. ...................... ........... --- ...(SEAL]
STATE OF COLORADO
County of
The foregoing instrument was acknowledged before me this day of
19 7G, by "ul,a M. Bowman.
x ires,
'41"V Inild and official
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Commercial-One to Planned Industrial Development and for an outline development plan and a
final development plan with a sign setback variance.
The property in question was recently developed under C- I zoning with four
office/showrooni/storage buildings totaling 106,524 square feet. Certificates of occupancy have
and two
lgw-wi Wto-444 Apmu4t*
other tenants.
The developer has requested the rezoning to delete currently allowed C- I uses which are undesirab
and to expand the allowed uses to include some low impact, semi-industrial businesses. The
required platting document was previously approved pursuant to Case No. MS-95-4. This was
approved prior to issuance of a building permit. I
Aooriginal meeting for neighborhood input was held on February 6, 1997, Those attending include
the following:
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The neighborhood meeting for the new application (Planned Industrial Development) was held
on August 7, 1997.
These attending included the following:
In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved,
the applicant shall show and City Council shall find:
1. That the change of zone is in conformance, or will bring the property into conformance
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies,
Comprehensive Land Use plan and other related policies or plans for the area.
2. That the proposed change of zone is compatible with the surrounding area and there
will be minimal adverse impacts considering the benefits to be derived.
3. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change off zone.
EZZO 1141111111 1
Case No. WZ-97-I1 /Pacifica
the change of zone, or that the applicant will upgrade and provide such where they do
not exist or are under capacity.
The change of zone will not affect drainage or the amount of light and air to adjacent properties. The
buildings will remain regardless • zoning on the property. Performance standards were required •
Staff to mitigate other potential impacts, particularly to residents to the east.
6. That the property cannot reasonably be developed under the existing zoning conditions.
There are a wide variety of uses allowed under the existing C- I zoning, however, the developer will
have more flexibility in placing tenants with the expanded use list.
7. That the rezoning, will not create an isolated or spot zone district unrelated to adjacent
or nearby areas.
As there is other industrial zoning in the area, spot zoning is not an issue.
8. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
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A final development plan has been submitted which is consistent with the outline development plan
building parameters and which accurately reflects what has been built. All minimum requirements
of the C- I zone have been met or exceeded. The exception is the eastern building setbacks which
were allowed under the old definitions • "building height" in relation to reestablishing setbacks.
No information has been provided regarding signage on the property except for the sign at the
southwest comer of the property. The elevation • the sign being proposed is included under Exhibit
sign is 260 square feet in size and 241 " in height. It is being shown as 5'away from the
right-of-way lines which requires a 5' setback variance discussed under Section VI. • this report.
Staff is supporting the variance if this is the only freestanding sign allowed on the property.
Case No. WZ-97-IO/Pacifica
All minimum requirements of zoning code have been met. All requirements for a final development
plan have been met.
VI. VARIANCE
With this application, the applicant has included a request for a sign setback variance for the project
identification sign.
There was an original request, Case No. WA-97-3, for approval of a 25 sign setback variance to
allow a 30' high sign 5' from the front property line. Pursuant to Section 26-410(e)(3) of the Wheat
Ridge Code of Laws, signs over 25in height must have a W setback from street right-of-way. This
case was heard and denied by the Board of Adjustment on March 27, 1997.
This original request has been reduced by having the sign lowered to 24'-1 " in height, thereby
reducing the required setback from 30' to 10'. Therefore, a lesser setback variance of only
needed, rather than the original 25'.
The applicant has submitted justification for the request by comparing the proposal to other similar
sized signs in the area and the setbacks provided for those. Please refer to Exhibit 'B". Staff would
note that the sign was erected without a permit as the developer assumed the building permit for
development of the property was all-inclusive. The sign currently has a 5' setback from the r-o-w
line and will have to be relocated regardless of the outcome of the case.
Variances must be considered separately from the other cases and requires a greater-than-
majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2).
Staff has the following comments regarding the criteria used to evaluate a variance:
k
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
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2. Is the plight of the owner due to unique circumstances?
rect 4i wit�Iouuw*erritit. Staff concludes that the hardship is self-imposed.
3. If the variation was granted, would it alter the essential character of the locality?
There are many signs in this vicinity
• similar size with comparable setbacks. If the variance were
granted it would not alter the character of the area.
Planning Division Staff Report
Case No. WZ-97- I OfPacifica
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. kowever. t1tere are-*,
6. Is the purpose of the variation based exclusively upon a desire to make,money out of the
property?
The developer has created his own hardship • erecting the sign without a permit.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair
property values within the neighborhood?
Because the request is for placement of a sign, not a building, approval of the variance will not
impair the supply of light and air to properties. As noted in #8, there should not be endangerment to
the public's safety or a negative im4 act to property values in the vicinity.
Planning Division Staff Report
Case No. WZ-97-1 O/Pacifica
10. If it is found in criteria 8 and 9 above, that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it
is also found that public health and safety, public facilities and surrounding property
values would not be diminished or impaired, then, would the granting of the variance
result in a benefit or contribution to the neighborhood or community, as distinguished
from an individual benefit on the part of the applicant, or would granting of the
variance result in a reasonable accommodation of a person with disabilities.
Staff has already concluded that granting of the variance would not be detrimental to property,
improvements or real estate values in the neighborhood, nor would it hurt the health, safety and
welfare. It could prove to be an improvement to the neighborhood aesthetically if no other
freestanding signs were allowed on the property. It would not result in an accommodation to a
person with disabilities.
Staff concludes that although there are no unique circumstances and the hardship is self-imposed,
there would be no endangerment to the public health, safety and welfare if approved, If the variance
is approved, it may result in a more aesthetically pleasing development. For these reasons, a
recommendation of approval is given with the following conditions:
1. A building permit be applied for and issued prior to the existing sign being moved.
2. No other freestanding signs be allowed on the property.
VIL AGENCY REFERRALS
1312333M=
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The Police Department has advised that the use of rocks in the development's landscaping should be
discouraged, Given the amount of glass used in the development, the use of rock could facilitate
vandalism after regular business hours.
The Arvada Fire Protection District has expressed concern that some of the proposed uses could
require building interior upgrades. Their specific comments have been forwarded to the applicant�
Planning Commission reviewed the previous case(WZ-97-5) at a public hearing held on June 5,
1997. A recommendation of approval was made for the outline and final development plan 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 Division Staff Report
Case No. WZ-97- I O/Paci Pica
With the following conditions:
I . Landscaping be installed around the base of the sign.
2. No other freestanding signs be allowed on the property.
All of these conditions of approval were incorporated into the new plan being reviewed by Planning
Commission.
IX. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that rezoning from C- I to PID is required to allow the developer more flexibility in
leasing tenant space. Staff further concludes that although industrial-type uses are not specifically
allowed in the "Office/Retail" definition in the Kipling Activity Center Master Plan, there are some
Therefore, a recommendation of approval is given for the outline development plan with the
following conditions;
A rec • pprovai is iven Yor - everIVITTY177
conditions:
1. If the variance is approved, the plan be revised accordingly.
2.
• other freestanding signs be allowed on the property.
In regard • the request for variance, Staff has concluded that approval • the reduced request would
not prove a hazard to the public health, safety and welfare, nor would it have a negative impact on
property values. Because the proposed location is more aesthetically pleasing than other locations
meeting setbacks, a recommendation of Approval is given with the following conditions:
I . A building permit be applied for and issued prior to the existing sign being moved.
2.
M• freestanding signs be allowed or� the property.
Option A: "I move that Case No. WZ-97-10, a request for approval • rezoning from Commercial-
One to Planned Industrial Development and for approval ♦ an outline 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.
2. There are some light industrial uses which are appropriate for the area if performance
standards are used.
MINIM III ''I I� I I lI I I III I � I II III I III I
Case No. WZ-97- I O/Pac i fica
Option B: "I move that Case No. WZ-97-1 0, a request for approval of rezoning from Commercial-
One to Planned Industrial Develo i ment and for aDnrova o an outline develooment plan for property
IMAW41#1114M # #
2.
EINNAL DEVELOPMENT— PLAN
Option A: "I move that the request for approval of a final development plan for property located at
9500 West 49th Avenue,
• approved for the following reasons:
I . All maximuni requirements of the zoning code have been met.
2. All requirements for a PID final development plan have been met.
With the following conditions:
I . If the variance is approved, the plan be revised accordingly.
2. No other freestanding signs be allowed on the property."
Option B: "I move that the request for approval of a final development plan for property located at
9500 West 49th Avenue, be'denied for the following reasons:
2.
Option A: "I move 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 • the reduced request would not prove a hazard to the public health, safety
welfare,
2. It would not have a negative impact on property values or the public welfare.
s.
3. Propose• location is more aesthetically pleasing than other locations meeting setack •
d •
With the following conditions:
1. A building permit be applied for and issued prior to the existing sign being moved.
2. No other freestanding signs be allowed on the property."
Option B: I move that the request for a five-foot sign setback variance for property located at 9500
West 49th Avenue be Denied for the following reasons:
1.
Discussion • regarding o be used, flood •. • of
having a tire recapping business, .• loading ♦ noise, •
horsepower limits, time limited semi parking, outside storage, type of businesses allowed, . •
effort to save as many trees as possible.
! !
Planning Commission Minutes
gr 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;
14dia; DmImMOIRIAD
Commissioner SNOW motioned, Commissioner THOMPSON # # # # #
request # approval of a from • • • r Commercial
Development and for approval of an outline development plan for property located at 9500 West
49th Avenue, be DENIED for the following reasons:
Motion failed 3-5. (Commissioners Rasplicka, Cerveny, Brinkman, Griffith, Williams: denied).
Commissioner BRINKMAN motioned, Commissioner CERVENY seconded, "that the request
for •# # of outline and final development plan for •# r # at • # West 49th
be •• ! 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
Motion carried 5-3, (Commissioners Snow, Thompson, Shockley: denied).
Variance
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:,
,e following conditions:
I . Landscaping be installed around the base of the sign.
2. No other freestanding signs be allowed on the property."
TO: Merideth Rekert
C4 of W'heat Ridge
75W W. 20th Ave.
C, OT 4 C fvv - 61* r. - I f -W �
FROM- Chriss Rus-a
.,PACIFICA-
FUTURETEN
H
7500 WEST 29TH AVENUE e"T it
WHEAT RIDGE, DO nk #-A
Whic-Ictt
City Admin, Fax # 234-5924 Police Dept, Fax # 235-2949 9RI*dge
Please find attached a copy of a proposed ordinance relating to the designation and preservation
of historic landmarks and trees within the City'of Wheat Ridge. This ordinance was prepared
by the City Attorney's office in consultation with members of the Board of Directors of the
Wheat Ridge Historical Society.
In essence, the ordinance designates the position of preservation specialist (most likely a staff
person in the planning department) and establishes a process for the designation of buildings,
structures and trees as landmarks • local historical significance. The ordinance than sets up a
procedure for the processing of applications for landmark alteration permits, both major and
minor.
In review of the ordinance, Staff'has raised the following items for discussion with the Planning
Commission:
I . There are references to historic landmarks being eligible for grants from the City,
however, Staff has no knowledge whether this is an item which has been accounted for in the
1998 budget. There will also need to be funds available for the purchase of designation plaques
fM r the historic landmarks approved • City Council.
3 In the ordinance, it is fairly clear what constitutes a major versus minor change to
structures, but what about trees?
should • clear in the ordinance that development • changes which affect historical
landmarks should be applied consistently, What will be the requirements for Public Works
^ RECYCLED PAPER
street improvement projects? What about the installation of utilities? Should language be
- Y tr
tLY:8tervzte street desians to nrotect historic landmarks, especiall ees?
5 There is no agency referral requirement during either the designation or alteration permit
processes. Staff colludes that this is not only • courtesy but should be a requirement to include
review by other City departments and outside agencies especially where public health, safety and
welfare issues are concerned.
Please find attached a copy of comments received from the City Forester, Both the City Forester
and a representative from the City Attorney's office will be present at the meeting to answer
questions,
TO: Meredith Reckert, Planner
FROM Bill Cassel, City Forester
SUBJECT: Proposed historic Preservation Ordinance
I plan to attend the August 28, 1997 Planning Commission . to help answer any questions
concerning part of the proposed ordinance. to contact my office if you
questions, any
Series of 1997
TITLE- AN ORDINANCE AMENDING CHAPTER 2-6 OF THE CODE OF
LAWS
• THE CITY OF WHEAT RIDGE AND PROVIDING A
PROCESS FOR DESIGNATING AND PROTECTING HISTORIC
LANDMARKS AND TREES WITHIN THE CITY
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a home rule municipality
pursuant to Article XX of the Colorado Constitution with all the power of local
Self-government and home rule, ine I luding the authority to regulate the use and development •
land within its limits; and
WHEREAS, the City has undertaken regulation of use and development of property
within its limits
• enactment of ordinances regulating zoning and development within the
City, one stated purpose of which is to protect the value of property and promote the welfare
of the residents of the City, and
WHEREAS, the City has identified a need to provide a process to evaluate and protect
buildings, trees and structures deemed to have histo I rical, architectural or archaeological
significance.
BE IT ORDAINED BY THE CITY COUNCIL Or THE CITY OF WHEAT RIDGE,
COLORADO,ASFOLLOWS:
�e—cti—Onl. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado,
concerning Zoning and Development, is amended by the :addition of a new Article VI, entitled
"Historic Preservation," which Article shall , read as follows in its entirety:
Sec. 26-600. utent and P urpose .
(1) , The purpose of this Article is to establish and prcserve historic landmarks for th
educational, cultural and economic benefit of Wheat Ridge citizens by:
(a) Preservmg� protecting, enhancing, and regulating the use of buildings and
structures that are reminders of past eras, events and person(s) important in local, state or
(b) Ensuring that the historic cha i preserved in development and
maintenance Of such buildings and structures;
(c) Stimulating educational, cultural and spiritual dimensions by fostering the
knowledge Of Wheat Ridge's heritage and cultivating civic pride in the accomplishm o f t h e
past; and
(d) Cooperating with state and federal historical preservation efforts.
not the intention of this Article to preserve every old building, structure or tree in
the City,
f to provide a process to evaluate and protect onj those buildings--s
Y -tTj gs
Sec. 26-601. su p P to zoning Provisions; Other Code sections Unaffected.1
Sec. 26-602. Definitions.
,(I) for the Purposes of this Article, the following words and terms are defined as set forth
herein: I
Mr ,*
14
FROt ;GORSUCH L<IRGIS L.L.C. 303 298 021 19 OS - 14 10-sa-- 9671 P.0-4, 15
Exterior architecturaffeature. The architectural style, design, general arrangement and
components of 0 of the outer surfaces of an improvement as distinguished from the interior
surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and
texture of the building material and the type and style of all windows, doors, lights, signs and
other fixtures appurtenant to such improvement.
4istoric preservation. The protection, rehabilitation, restoration, renovation an7'
reconstruction of buildings, structures and objects s . ficant in Wheat Ridge history,
architecture, archaeology, engineering or culture- . igni
Historic Landmark. Any structure M designated as historic under the
provisions of this Article.
Aistoric Tree. Any tree designated as historic under the provisions of this Article.
Inventory A listing of buildings and structures within the City which reflect an earlier
time or which contribute to the overall historic character or her of the city, including a
list of historic landmarks and trees designated pursuant to this Article.
L4ndmark Alteration Permit. Any permit issued by the City pertaining to construction,
alteration, removal or demolition of a building • feature within a designated historic landmark
• landmark site.
Major change. Alteration to an historic landmark which may fail to preserve, en
or restore the exte architectural features of the landmark • affecting the special Character
or special historical, architectural or archaeological nature of the historic landmark which gave
rise to the historic designation.
Minor change. Alteration to a historic landmark which preserves, enhances or restores
the exterior architectural features of the landmark or site. A minorc'hange does not adversely
affect the special character • special historical, architectural or archaeological nature of the
histM ric landmark or site. I
Pres s0eciaUst- The person under the supervision of the City Manager who
prepares presentations for City Council meetings at which historic designation applications are
� INOUU3MISM9.1 3
I- ui .a
(1) Any individual structure, building or tree within the Ciry is eligible for designation as
an historic landmark or historic tree.
(2) Inclusion of any property in the National Register of Historic Places as provided in the
National Historic Preservation Act of 1966 shall mean that the landmark is automatically
designated a local historic landmaik subject to the protections of this Article.
( An application for historic designation may be submitted by the property owner, by a
member of the Wheat Ridge Historical Society Board of Directors or by a member of City
Council. The application shall be on 'a form as provided by the City Preservation Specialist
and shall be submitted to the City Preservation Specialist who shall first refer the application to
the Wheat Ridge Historical Society Board of Directors for review and recommendation.
tiv� ' �' il.
(1) Following public hearing, City Council may designate by ordinance historic landmarks
and historic trees in the City of Wheat Ridge to accomplish the purposes of this Article. In
makinj such dcsimnations, Ci Council shall
Historical Society Board of Directors, the testimony and evidence presented at the public
hearing and the following criteria:
M
FROM : GORSUCH t I RG I S L. C. 303 298 0216 1597,08-14 10:59- #671 P.07/16
(5) The Planning Department and the Public Works Department shall maintain an
Inventory of all designated historic landmarks and all structures which are the subject of
MHrdVz7x1"U%1
6
FrP,01 GORSUCH �IRGIS L–L–C. SOZ 298 02IS 19'a7,08-14 I I - 00 4671 P. 08, 1S
Sec. 26-06. Community Significance Vananices.
(1) In addition to historic designation, or at any time after granting historic designation, the
City Council may, upon application, therefor, grant communir significaricc variances to
historic landmarks.
(2) When a community significance variance is sought after historic designation has alre
bee granted the notice and hearing requirements for granting such a variance "I be as •
S -
out in section 26-604(5) except that the notice shall state th an app h b een l
a community significance variance. filed f
(3) The criterion for determining that a variance should be granted is that the variance
necessary ♦ preserve the historic character andlor significance of th a ff ec t e d structure, I
(4) The variance shall remain in e ff e c t only until such time as the use which created
historic character ♦ die landmark changes or ceases. Failure to maintain the subject ofl
variancc in good repair and working order may c ause a rescission of the variance.
&c. 26 Limitations on Development Affecting E[W L an d mar k s an d 1 , � rees.
(1) No person - -Ml carry Out Or cause to be carried out on any historic landmark
I i
construction, alteration, removal or demolition, or make any changes that would inmVpair
historic, nature ♦ the historic landmark without first obt a I m k- te on
therefor in accordance with this Article. g and ar al ration p
(2) No person shall move, rem I ove, destroy or knowingly injure an historic tree withol
first obtaining a landmark alteration permit therefor,
7
FROM :GQRSUCH VIRGIS L.4-C. 303 298 0216 1s 11:00- ;;671 P.09, IS
MNYMM11mg.3 8
See. 26-610. Major Change landmark Alteration Permits.
( At the Conclusion of the Historical Society Board of Directors' me-eting at which th
Society considers an application for a landmark alteration permit to make a "major change,
the Historical Society Board of Directors shall forward t o
Ci
either grant or deny such permit. y Cuncil a recornmendation it
Council shall schedule a hearing on such major change landmark alteration permit
a pp lic ation- Notice Of the hearing shall be as set forth in Section 26-604(5) except that the
notice sh ' 211 state that an application has been filed for a major change landmark alteration
Pennit. Such notice shall • sent to the perfTdt applicant via first class mail and shall be
published as in Section 26-604(5).
NUUe�
N
I�ec- 26-612- Removal Of Historic Designation
N , .1 II
(2) Within fifteen, (15) days of the date that the City Council removes an historic
designation, the City shall cause to be recorded with the Jefferson County aerk and Rec
a Memorandum of Action which sets forth the following:
(a) The information contained in subsection (1)(a) above; and
(b) A statement that the Owner of such real prope is no longer required to
conform with the historic landmark and/or historic tiee requirements ofChapter 26, Article V1
*f the Wheat Ridge Code of Laws.
See. 16-614. Violations and Penalties.
(1) Any person who is an Owner,as defined in Section 26-602 or a manager of pr
subject to any provision of this Article shall be responsible for compliance with a ll p rov i s i ons
of this Article. Historic designatio may be subject to a review for loss of designation as a
result Of a conviction of the Owner for a violation of this Article.
(2) Any person violadng any Provision of this Article shall be subject to a fine of nine
hundred and ninety nine dolla ($999.00) or by imprisonment not exceeding one or
by both such fine and imprisonment. Each and every day during which a violation continues
shall be deemed a separate offense and shall be prosecutable and punishable as a separate
*ffense.
Section 2. Sup!� ;ession Clause., If any provision, requirement Or standard established
by this Ordinance is found to conflict With similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of �Vheat Ridge, which are in existence as of the
date of adoption of this Ordinance, the provisions, requirements and standards herein shall
supersede and prevail.
Section 3. SA!e�Clausc. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge,
Mzagaza=
IN
PROM -GORSUCH b IRGIS L.L.C. aos 29S oz is 1997,08-14 11 .02 4671 P. 1-4, IS
13
ATTEST: DAN WILDE, MAYOR
=30
Trtll Br CITY
ATTORNEY
Mm
am
I St Publication:
2nd Publicati
Wheat Ridge Transcript
f- Date:
14