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HomeMy WebLinkAbout01/04/2001CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 7, 2000 L CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7: )0 p.m., December 7. ?t} ft in the Cite. Council Chambers of the Municipal Building. 7500 West 2 -9th Avenue. Wheat Ridge. Colorado. 2, ROLL CALL Commission Members Present Commission Members Absent: Staff Members Present 3. PLEDGE OF ALLEGIANCE Dean Gokey Dick Doyle Alan White, Planning Director Gerald Dahl. City Attorney Ann Lazzeri, Secretary Plannin- Commission Page I December 7. 2000 7. PUBLIC HEARING There were no cases scheduled to come before the Planning Commission. 8. CLOSE PUBLIC HEARING Chair McNAMEE declared the public hearing , closed. 9. OLD BUSINESS A. Modern Loe Homes (42"' and Younp-field) Alan White i0ortned the Commission that the City has received a petition from neighbors ill this area requesting that 42 Avenue be paved, Planning Commission continued review of Chapter 26, Zoning and Development. of the city code. Sec. 26-106 - Review orocess chart (na 4) Section 26-109 - Public hearine notice and nrocedure - ==: Letter ltem D _.ter notice (pq "e7 It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that the Planning Director be directed to take a request to City Council to change public Planning Commission Page 2 December 7. 2000 noticing requirements in view of the cost to the city and unnecessary expenditure of staff time does not result in benefit to neighbors. The motion passed unanimously. There was discussion regarding the relevancy of the motion because the draft ordinance includes this change. Therefore, Commissioner SNOW moved and Commissioner THOMPSON seconded to rescind the motion. The motion passed unanimously, • There was discussion regarding possibly changing "adjacent property ov- to "property owners within 100 feet." Sec. 26-115 - Variance/waiN /into retatiotas ' ayes ? 1 -? • In items 3.b. and ",c. the word "variation" should be changed to 'a - ia cc,' • There was a consensus of the Commission to agree with the criteria involved in considering variance requests. Sec. 26- • Commissioner SNOW expressed concern about the sunset law as it relates to this section. • In response to a question from Alan White regarding approved applications which have not Z:� proceeded to development after several years, Jerry Dahl expressed his opinion that the applicant would have one year from the date of the adoption of the ordinance to proceed with development or re-apply. This issue is also addressed in Section 26-100". page 255. • There was consensus to leave this section as it is presently worded. Sec, 26-112 - Private - rezoni!2g (12a, • The words "approve with conditions" should be removed from paragraph F, • The words "approve with modifications" should be removed from paragraph F. Sec. 26 — Horne Occ �atio�nsw� 84� • There was a consensus of the Commission that a recommendation be made that no more than one outside employee shall be allowed in a home business. • Commissioner SNOW requested that small day care centers be removed. • On page 185. item no. 10, the last sentence should be changed to read "All tools, equipment and materials shall be totally enclosed within this vehicle or within enclosures attached to the vehicle." • On page 4- under Home OCCLIpati0il. the sentence xvhich reads "Nonresident employees are not allowed" should be deleted. Further. the reference should be changed to Section 26-61 3 ) instead ol'26-612, Plannino Commission Noe 3 December 7, 2000 Section 26-628 - V el�icle. farrt� irra .lenient. hc>at �ancl trailer sales and rental �a "�e ?t1 � • No changes were recommended to this section. Section 26-6 03 - Fences. walls and obsti to • Item B. Sight distance triangle requirement - No changes were recommended to this Section 26-615 - Commercial mobile radio service CMR,- facilities age 187 • No changes were recommended for this section. Section 26 -711 - Bi 1!hoardssp�ecifica�tions �indre �ulatio�nsPa, �c • rhere was a question as to whether the wording. "On or after January 1. 1996. billboards are prohibited in the 13 - district" should remain. Jerry Dahl will review this matter. Sec-,-216 0 'I'liere was a consensus to remove "rezoning approvals" in the third line of item B. Section 26-501 Item G. Parkingfi)r the P•incilnd Purl?~ ofStde Prohibited on page 159 is duplicated on page 197. There was a consensus to remove Itern G on page 159 in its entirety. 1 1. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT Commissioner SNOW moved and Commissioner COLLINS seconded to adjourn the meeting at 10:17 p.m. MARIAN' McNAM EE, Chair Planning Commission December 7, 2000 Ann Lazzeri. Recording Secretary CITY OF WHEAT RIDGE TO: Planning commission a4vu wesT 4o avenue Wheat Ridge, CO 80033 DATE POSTED: December 21, 2000 DATED LEGAL NOTICES SENT: December 21, 2000 -------- ------ — ----------- — ------------------ — — ----- — ------ — -- — -- — — — ---- — - — ------------------------------- ENTER INTO RECORD: 0 I. REQUEST The applicant requests approval of a zone change from Residential-OneC (R- I C) to Residential-Three (R-3) for the purpose of legalizing a secondary living unit on the property at 8400 West 46"' Avenue. A visual inspection of the property revealed that in addition to the outside stairway, there is an interior stairway which connects the bottom unit from the top porch area. A door at the bottom of the stairway can be closed and locked. The following definition for "dwelling, two - family' is included within the zoning code- "A building designed for occupancy by two (2) families living in separate dwelling units as tenants from month to month or for a term longer than one (I ) month." No physical changes are proposed for the property. A meeting for neighborhood input was held on October 11, 2000. Attached as Exhibits 'F' and 'G" are a synopsis of the meeting and the sign up sheet. Attached under Exhibit 'H' are eight letters of support from area property owners which have been designated on the attached vicinity map (Exhibit 'I'). Also designated are property owners attending the neighborhood meeting who voiced support of the request. 111. AGENCY REFERRALS The property is currently zoned Residential-OneC. There is no mistake on the zoning map. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. There have been very few changes to the area which is predominately developed with small lot single- family residences and duplexes further to the north and west. The property to the east is zoned Industrial with land uses which include a roofing company and a semi-truck driving school. The property to the MI north was historically used in support of a public LitilnX by the city of Arvada. 3. 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. The Comprehensive Plan future land use map designates this property as Single Fainik Detached Residential and Existing Two Family Conforming Structures and Lots (Not to exceed 6 dwellino unit per acre). Based on property size. density would compute to about 7.6 dwelling units per acre, That the propos minimal adverse impacts considering the benefits to be derived. Zoning and corresponding land use surrounding the ed change of zone is compatible with the surrounding area and there will be property include single family residences to the west and northwest zonedR- IC. To the north is a vacant lot owned by the City of Arvada zoned R- IC historically used for water storage (a public uti I ity). Abutting the property to the south is City-owned open space with R-3 ) zoning, On the east is industrially zoned and used, property. There are duplexes and multi- family , development three blocks (800') to the west and 700' to the north adjacent to the southern frontage road. The additional unit has been occupied on a rental basis since 1985. therelbre. there will be no ne-vk impacts to the neighborhood, 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. Approval of the zone change will eliminate an illegal, non-conforming use and allovN historic USC Ofthe property to continue, 6. That 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. All a<,�encies are Currently serving the property. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Since there are no changes proposed to the existing structure or property , g , there should be no resulting g drainage problems or impact on light and air to the adjacent properties. There is adequate on-site parking for the ancillary unit. The city's code enforcement records indicate no prior code complaints filed against the property. 8. That the property cannot reasonably be developed under the existing zoning conditions. The ority rna J I � of the lots in the Clearvale Subdivision, which was platted in 1955, are from 6000 to 6600 square feet in size. This property is the largest one in the subdivision with over 11,000 square feet. This property could be considered as providing a land use transitional as there is Industrial zoning and land use directly to the east. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. I Prior to formal application. staff NNorked with the applicant to determine \0ich zone c,\ould be appropriate giv en tile lot size of' 11 .400 square 1 re feet. The R-2A. R-3 and R-A zone districts, require a1 Illininluill ol�'9000 square feet cif` lot area for a duplex, Staff recommended R- 1 zoning s1ncQ the land to Z! the south (Clear Creek -reenbelt area) is also zoned R-3 eliminating tile potential for spot zoning. Based on lot size. no additional units could be added If the zone change is approved, 10. 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. There is no void in services, products or facilities which the zone change would fill. It �NOLlld all(m historic use of tile property to continue. Vi. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the zone change will allow the property to be used as it has since 1974 with no apparent negative affects on tile neighborhood. Staff has further concluded that it would provide a land use transition between the small lot single family neighborhood to the west and northwest and the industrially zoned and used land to the east and that it would not result in spot zoning, For these reasons, a recommendation of approval is given, VII. RECOMMENDED MOTIONS Option A: - I move that Case No. WZ-00- 14. a request by Paul and Dona Thompson for a zone change firoirl R- I C to R for property located at 8400 West 46"' Avenue. be APPROVED for the following rcasons: It will provide a land use transitional between tile small lot single family neighborhood to tile west and northwest and tile industrially zoned and utilized property to the cast, 1 It will not constitute spot zoning as the property to the south has R-3 zoning, 3. 'rhere have been no apparent negative affects on tile surrounding neighborhood." Option B: "I move that Case No. W1.,- 00 -14f as request by Paul and Dona Thompson for a zone change froill R - C to R- for properly located at 8400 West 46" Avenue. be DENIED for the following, reasons: I. 2, 3- c e-,\Iilaiiiiin C 111111W11111 rui a W AAr,4 A WHE AT f4tD(;t RUILDING PE'RMiT N2 1458 COLOPADO P-1c 2W x ,x • ,l,;Ju w eaL 4Ceth Aver' w L:at AI2 aL Glervdi SuGCivkr�icr� _ �. r_aratruct a Line Mary eadttian and a y ecand - 4stiary ov!!r extiting ,. « » t'•. raw � w!! v ! • . . «... ! ♦ •. -w !a » ! ! M` rw. r w. » « w l.w+ •tr aw� *rf! r i'+ .m. "`! wr e.x .w# i "« *i; #k x. .!r + e t »l w. s• ,. * a!! » ..! . a a.*!a ..a �.. *#a !! -! +•.! •. .! -. a,f * -w wa, ,.f• • °.wi,. • wia: !wi wf.�, wf� fw . srltw *w! P ... ! !,. !., !a! « r!w Xtwr ..f w w: . wr+ w.a a ,. •iwrw ! .w w* • rf x a . ra !w fw fi +! ` s! #1 -.l.! i ! ! ^.w w w! ,+a,.,. e w a !• s ,.! wt *" " of « !.. !! t. l... a.! .! ! 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CdWTM #Y xp# {n #x �. #dR�fw xnt #t�;A daM{ + #4f }CtdM Y ®t WYa R #v# aPot #}IU•9 Y# 3 #R# #i} !d# MA —} #l4 40$ tMt # e d P M t to. t#Na 3M 194 C #WS #3R RO# d4 dR #t# 36 Y' }fR9 tye4 #49M #9r #elk #R f+t #ttlki {x +OS♦ 3Wd { woo C6dt dR CeRR dR —431 #YM4. t #t0 #Md ## NR #Rw }# ✓ft eC # #f # #C!'.W3 #tt 3 d Rnt te. Tt11i I ItMIt I$ 040T "ANSPUA1SU CITY OF WHEAT RIDGE 1470 w. 36th AVE HUE #+ ♦714600 114$PfCT#OV4 TICKET n ,.t O� +� pV �g + � n rt + k Y� 3 y „ 1 1001 MA01 r x� +* Alf t s tez nY.G a p. .r r , r t# x v t s ♦ a 4 Mill I 2 ;p` t v7sp, V i IPA, � t t 8400 W. 4 ` avenue is presently zoned V single- family units. Total lot size is approximately 11,400 square feet. We are requesting it be rezoned Back-orrourtd In 1984 my mother passed away, in 1985 we began to rent the apartment, unaware that this was not within zoning as marry rental units (duplexes) are in the neighborhood within two to three blocks. Our property allows off-street parking for our vehicles as well as the vehicles of our renter, 7500 West 29th Avenue NIVIteat Fidge, Colorado 8021 A FAX 303/235-2 PROPERTY ADDRESS: POAJ,4 PROPERTY OWNER(s). 77 PROPERTY OWN ER(s) PRESENT? Yes,?( No Applicant(s): Existing zoning: R - I c 6wX_d"v 6 P V—i e�j t!k Comp Plan Designation: 5t /�VC)7_ -M 11 11 Existing use/site conditions: 6*4S-nA 4— 1-4�,41 cm PJt e�z_ L'Sk/e Applicants proposal: L4 7' Attending parties of interest: (See attached sign-up lisIm E Reckemneighmeenag recap w-pd � I II � N' t a NEIGHB MEETING C' o OR A,00 OCTOBER 11, 2000 SIGN -IN PLEASE PRINT NAME Name Address Phone E -Mail 2. i� ry 4. 5. 4 ' CITY OF WftEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING �aul E . Thompson and • ng �on The City of Wheat Ridge requires that, prior to rezoning, we notify. all residents within 600ft. of out property and invite them to a Neighborhood Input Meeting. This wHI allow us to present our proposal and allow the neighborhood to express directly to us their concerns, if any, The purpose of rezoning our property is to enable us to legally rent the apartment on our second story, apartment, built in 1974, was completed through the building permit process, We have rented it for fiftee (15) years, but recently found out it was not within the property's zoning, As this rent is a part of our retirement, we want to rezone our property to come inmcompliance with the City of Wheat Ridge's requirements. I t rus meemlig, is no r%vulations, as well as the process involved A synopsis of the meeting will be entered as testimony, but it is at the public bearings, in front of the Planning Commission and City Council where decisions are given. If you want input on this matter, attend the public hearings. The kinds of concerns residents normally have include the following: After attending the meeting, please use the following space to list any concerns or suggestions you have about this proposed rezoning, Please sign it and give it to us, as we are required to provide these forms to the City along with our application, Print Name Address S ArWr APiL �A WA CITY OF AT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING Pa n and Don R- ;1ompson e a in rm ng rozon g f 1�h op • = 46 A�enue-Y • 0 so 4 ' L Thom' 0 p n ro • �y 10 t: at �O ca in in C eet g �on� 4, , , �3 The City of Wheat Ridge requires that, prior to rezoning, we notify all residentswithin 600ft. of our property and invite them to a Neighborhood Input Meeting, This will allow us to present our proposal and allow the neighborhood to express directly to us their concerns, if any. I The purpose of rezonirm our property is to enable us to legally rent the apartment on our second story. This apartment, built in 1974, was completed through the building permit process. We have rented it for fifteen (i 5) years, but rccent!y folmd out it was not within the property's zoning. As this rent is a part of our retirement, we want to rezone our property to come into - compliance with the City of Whear %d_ge*s requirements. This meeting is not a public hearing, although a Staff Planner will attend and discuss City policy and regulations, as well as the process involved, A synopsis of the meeting will be entered as testimony, but it is at the public hearings, in front of the Planning Commission and City Council where decisions are given. If you want input on this matter, attend the public hearings, After attending the meeting, please use the following space to fist any concerns or suggestions you have about this proposed rezoning. Please sign it and give it to us, as we are required to provide these forms to the City along with our application, Print N Address Phone 3e)a 11"y - - , - 1 -1/ CITY OF WFEAT Rn)GE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING The purpose of rezoning our property is to enable us to legally rent the apartment on our second story. apartment, built in 1974, was completed through the building permit process. We have rented it for fiftee (15) vears- but recently found out it was not within the property's zoning, As this rent is a part of our retirement, we want to rezone our property to come into'compliance with the City of Wheat Ridge's requirements, I r WWI regulations, as well as the process involved, A synopsis of the meeting will be entered as testimony, but it is at the public hearings, in front of the I Planning Commission and City Council where decisions are given, If you want input on this matter, att"i the public hearings. 1111111 iimiil !I !Will I I FA CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR RE-ZONING s #1 a The City of Wheat Ridge requires that, prior to rezoning, we notify all residents within 600ft, of our property and invite them to a Neighborhood Input Meeting. This will allow us to present our proposal and allow the neighborhood to exp directly to us their concerns, if any, A synopsis of the meeting wiH be entered as testimony, but it is at the public hearings, in front of the Planning Commission and City Council where decisions are given. If you want input on this matter, attend the public hearings, The kinds of concerns residents normally have include the following: After attending the meeting, please use the following space to list any concerns or suggestions you have about this proposed rezoning. Please sign it and give it to us, as we are required to provide these forms to the City along with our application, Print Name 4 � Address J�200 /V' V16 ��Phone,4;�!��� CITY OF WHE AT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING The City of Wheat Ridge requires that, prior to rezoning, we notify all residents within 600ft, of our property and invite them, to a Neighborhood Input Meeting, This will allow us to present our proposal and allow the neighborhood to express directly to us their concerns, if any, The purpose of rezoning our property is to enable us to legally rent the apartment on our second story, apartment, built in 1974, was completed through the building permit process, We have rented it for fiftee (15) years, but recently found out it was not within the property's zoning. As this rent is a part of our retirement, we want to rezone our property to come into compliance with the City of Wheat Ridge's requirements. I • S 1 11 "I regulations, as well as the process involved, A synopsis of the meeting will be entered as testimony, but it is at the public hearings, in front of the Planning Commission and City Council where decisions are given. If you want input on this matter, attend the public hearings. After attending the meeting, please use the following space to list any concerns or suggestion$ you have .2bout this proposed rezoning. Please sign it and give it to us, as we are required to provide these forms to the City along with our application. Print Lkn t,&tV%- Phone Erip.r"I WA VA U ". CITY OF WHEAT RfDGE FOR REZONIN`G Pa T'omson and Ilona R- T' on prope m eetg The City of Wheat Ridge requires that, prior to rezoning, we notify all residents within 60011. of our � and invite them to a Neighborhood Input Meeting, This will allow us to present our proposal and allow the neighborhood to express directly to us their concerns, if any, A synopsis of the meeting will be entered as testimony, but it is at the public hearings, in front of the Planning Commission and City CouncH where decisions are given. If you want input on this matter, attend the public hearings, After attending the meeting, please use the following space to list any concerns or suggestions you have about this proposed rezoning, Please sign it an(f give it to us, as we are required to provide these forms to the City along with our application, Print Name�l Phone Lil '-j- 'fy 77- CITY OF WHEAT RIDGE NOTICE OF NEIGHBORBOOD INPUT MEETING FOR REZONING �a Th mpson and Dona • 0 n ope — t 0 ing n The City of Wheat Ridge requires that, prior to rezoning, we notify all residents within 600ft, of our property and invite them to a Neighborhood Input Meeting, This will allow us to present our proposal and allow the neighborhood to express directly to us their concerns, if any. The d.. urpose of rezoning our property is to enable us to legally rent the apartment on our second story. This apartment, built in 1974, was completed through the building permit process. We have rented it for fifteen (15) years, but recently found out it was not within the property's zoning. As this rent is a part of our retirement, we want to rezone our property to come into compliance with the City of 1 41eat Ridge's requirements, 'InTis meewig is no regulations, as well as the proms involved. A synopsis of the meeting will be entered as testimony, but it is at the public hearings, in front of the Planning Commission and City Council where decisions are given. If you want input on this matter, attend the public hearings, 'The kinds of concerns residents normally have include the following: After attending the meeting, please use the following space to fist any concerns or suggestions you have about this proposed rezoning. Please sign it and give it to us, as we are required to provide these forms to the City along with our application, #"*1 1^ 0�u Print Name Address S Phone 6 'f I CITY OF WHE AT RIDGE 0 Z FOR REZONING Pau so and D a , lomps n are 'ng a rezoning . 1ro y m ro t � 7 tb � ue_ 0" ♦ �T I ca ed at 46 �Ae� 'T'Omp on pro 0 m eeting �on g I I As m 0 • ar 5 �4 IV v ► • in E-4 tn C4 0 > M, to u p t bo ,A 4. W > 43 m 0 .14 0 — 0 SO s ' 0 w. • • • ri .4 4J >1 0 > 0 pew P4 > I �4 cd rd - 0 X4 tti o k 0 Z ,42 0 Z ar of -4 Z ti 0 lu vl X — tn 4) A.— to % -jv �4 7, 4> 4 0 �_! Ga 0 on E-4 I I As m 0 • ar 5 �4 IV v ► • in E-4 tn C4 0 > M, to u p t bo ,A 4. W > 43 m 0 .14 0 — 0 SO s ' 0 w. • • • ri (0 0 >* 0 O vi t C4 0 C4 as v r.4 0 .4 4J >1 0 > 0 pew P4 > I (0 0 >* 0 O vi t C4 0 C4 as v r.4 0 to Z cl .4 4J >1 0 > 0 pew P4 > �4 cd rd - 0 X4 tti o k 0 Z ,42 0 Z ar of -4 Z ti 0 lu vl X — tn A.— to % -jv �4 7, to Z cl .4 4J >1 0 > 0 pew P4 > lu co cd rd - 0 co tti o k 0 Z ,42 0 Z ar of -4 Z ti 0 lu vl X — tn A.— to % -jv �4 7, to Z cl Az 0 Gu '5 .Q o mac. e .� C c 0 2 � Z jj 0 > 0 pew P4 > lu co cd rd - 0 co cl Z ,42 ar of -4 Z ti lu Az 0 Gu '5 .Q o mac. e .� C c 0 2 � Z jj ta 7-1 4P t4 4D 0 CL X\ : In tn t:r r is 0 < C c cc ' ZI C� 0 W A7 pw , 7 W A7 pw •• TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Reconsideration Hearing -- Case No, WZ 00 -1 At the November 16, 200 Planning Commission meeting, the Commission voted 6-2 to recommend to Council approval of Case No, WZ 00-10, an application to rezone property from C--1 and C -1 with restrictions to PCD. At the next meeting on November 30, 2000, Commissioner Gokey, as a member of the prevailing side at the November 16"' hearing, introduced a motion to reconsider the case. That motion passed by a vote of 8-0 with the date set for reconsideration as January 4, 2001. I have contacted the Ctiy Attorney about the conduct of the January 4" meeting and he has provided the following instructions: I The reconsideration will be treated as a regular business item which will appear under Old Business on the Agenda. 2. The reconsideration IS NOT a public hearing. No testimony from the applicant or staff will be permitted. 3, You will go back to the point in the original hearing just before a motion was made. A motion can be made, with discussion and proposed amendments, if any, to follow as usual. 4. Vote on the new 1110tiolL Attached are the minutes from November 16"' meeting„ and the staff report for the case. Jerry Dahl will be at the meeting, C AIM yRes'M PF i lesTrqjem',reconsider. k%-pd December 26, 2000 EMM Account ID: - OCR -10 George L 11 Ulth MM EM CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting November 16, 2000 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MacDOUGALL at 7:35 p.m.. November 16. 2000. 111 the City Council Chambers of theNlunicipal Building. 7500 West 29th AN enue. Wheat Ridge, Colorado, 4. APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to approve the order of the agenda with the addition of Item 10(C) "Election of Officers." The motion passed unanimously. 5. APPROVE MINUTES Chair MacDOUGALL requested an amendment to the minutes to reflect that he called the meeting to order rather than Vice Chair SNOW. Planning Commission Page I November 16, 2000 It was moved by Commissioner SNONV and seconded by Commissioner GOKEY to approve the minutes ofN 2000 as amended. The motion passed unanimoush 6. PUBLIC FORUM There was no one to appear before the Commission, 7. PUBLIC HEARING Case No. 0 NN'Z'0-10: An application by Sandra Thompson for approval ofa W TO111111-1 L4:11 -VI V from Commercial-One (C-1) with restricted uses to a Planned Commercial Development and for approval of an outline development plan and a combined preliminary and final development plan and plat for property located at 11808 West 44th Avenue. This case was presented by Meredith Reckert. She reviewed the staff report. presented slides and overheads of the subject property. All pertinent documents were entered into the record and she advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the application with conditions as outlined in the staff` report. Commissioner SNOW inquired as to the reasons landscaping was only required oil the west side and not the east side of the subject property. Meredith Reckert replied that the western and southern sides were focused upon because of the Lreenbelt, Further, the adjacent neighbor to the south requested a fence and foliage, Commissioner THOMPSON asked for clarification regarding the use under the proposed plan. Meredith Reckert explained that it would be limited to recreational vehicle sales and storage, Boats mav be stored. but cannot be sold. Commissioner THOMPSON referred to the trees under the power poles on 44th and requested that those trees be moved and replaced with trees that don't grow tall enough to require trimming by the Public Service Company. She also expressed concern that there is "lot sufficient room for trees to be planted along the outside of the fence on Tabor. If the road is ever widened, the trees would have to be removed, Commissioner THOMPSON expressed concern about the proposed right-of-way dedication oil Tabor and suggested language from Public 1Vorks, She did not believe unrestricted access should ever be allowed from Tabor Street, She further expressed concern about the height of vehicles parked on the eastern and southern edues of the property and asked that code enforcement look into the present situation where tall vehicles are parked in these locations, Mike Garcia stated that there are no plans in the future for widening Tabor. The city is requesting the 15-foot dedication so that. in the event of a future use change, the street would meet our standard from centerline. Plannin- Comalission Page 2 November 16, 2000 Commissioner DOYLE referred to hunt maintenance of boats. travel trailers and motor homes. The application states "no motor work or drive chain work." lie asked that "drive chain" be changed to "drive train." Commissioner DOYLE inquired about drainage of water ti work in the service bays. Staff replied that this would be under the jurisdiction of the appropriate sanitation district. In response to a question from Commission COOPER, regarding the curb Cut on Tabor. Meredith Reckert explained that it was requested by the fire department to be used for emergency access only and. to her knowledge. it has never been used, Commissioner GOKEY expressed concern that the 24-foot opening to the rear lot should be made larger to accommodate two vehicles at one time to prevent the entry from ever becoming blocked. Commissioner TI- OMPSON suggested utilizing the seventeen customer parking spaces along the C- I zoning for the parking of taller vehicles. The customer/employee parking could then be located along the east side of the property. Z .1� Harry Sach 3224 Beech Court, Golden Mr. Sach, the applicant, was sworn in by Chair NVlacl)OUGALL. He stated he was unaware that fie was not to park taller vehicles along the east side of the property. fie would be agreeable, if this is made a condition of approval, to park smaller vehicles there. In response to a question from Cortimissioner THOMPSON. Mr. Sach stated that he would be agreeable to using the spaces along the C- I zone property to the west for taller vehicles. Planning Commission Patye 3 November 16. 2000 In response to a question from Commissioner McNAMEE. Meredith Reckert stated that a now could be added to say that anything parked oil the cast side could not exceed the liciudit ofth�: fence. Commissioner GOKEY suggested that tile aniount of customer parking could be reduced, Mr. Sach a0reed because he does not have a large amount of customers at an\ one time, Commissioner GOKEY requested that body work and painting be disallowed oil the propert\, Chair MacDOUGALL asked if there was a waste dumping facility on the grounds. Mr, Sach replied that a dumping station does exist, but it is never used. In response to,a question from Commissioner COOPER, Mr. Sach indicated that he would agree to the citv*s recommendation for a Class 6 road base on the rear of the lot. In response to a question from Commissioner SNOW. Mr, Sach replied that there is an existing irrioation system for the landscaping' George Isquith 4350 Tabor Street Chair MacDOUGALL asked about the historic runoff for this property. Mr. Garcia stated that the lot drains into a retention pond. However. upon thorough investigation, staff could find no records of a drainage report on this property, Plarmin- Commission Page 4 November 16, 2000 Ms. Christensen stated that the irrigation duch running through the property was ct)% cred ill 1992 or 199' ) by the previous owner. Commissioner THOMPSON suggested adding a condition to require a drainage study for the property. Commissioner COOPER SW-I-ested that a condition might he added to prevent the usk: ol'thc dumping station. She also inquired about requirements for the removal of the durriping statI011. Chair 'MacDOU'GALL'cornmented that the sanitation district would need to be involved in the removal of the station. Meredith Reckert commented that a condition could be placed for the existing dump station to be eliminated and the proper procedure be followed for removal, Commissioner COOPER asked if planting hawthorns I _ feet apart would provide the kind of hedge Ms. Christensen described. Meredith Reckert replied that the 15 foot spacing was 4 � ' recommended by the city forester, but she would check back with him regarding '., Christensen's desires. Harry Sach returned to the podium and testified that the dump station enters into the sanitary sewer. He commented that the facilities were already in place when he purchased the propert He also stated that he went to Nts. Christensens house after the storm she referred to and asked if any water oot into her house. She told him that no water came into her house. althouLyh water did come into her yard, (Chair MacDOUGALL declared a recess at 9:25 p.m. The meeting reconvened at 9:40 p.m.) 1. It will eliminate two different zonings on three properties owned by a single entity. Plannint Commission Page 5 Novernber 16, 2000 2. It will allow more control by the city of the potential negative effects of an open- ended commercial zone. 3. It allows the city opportunity to improve buffering for adjacent property owners. With the following conditions: 1. No bulk propane storage be allowed on the property. 2. Only one freestanding sign, which is presently existing, may remain and, if lighted, the limitations on hours of operation negotiated with the neighborhood must be followed. 3. The solid wooden fence along the western and southern property lines be increased to 8 feet in height. 4. The existing recycled asphalt be replaced with a clean, Class 6 road base. 5. The western wall of the building shall have a stucco finish. 6. Dumpster locations need to be added with screening of noncombustible material. 7. No access to Tabor, now or in the future, except for emergency fire access. 8. No storage along Tabor, the southern fence line and adjacent to the open space property shall exceed the height of the fence. 9. Irrigation systems shall be installed for all planted areas. 10. The detention pond shall be designed to retain and release water at the historic flow and will be maintained per a drainage report. 11. The owner shall work with the city and the sanitation district and follow the sanitation district's requirements in regard to the existing dump station. 12. No body work, engine or transmission repair, or paint facility will be allowed on this property; and the words "drive chain" shall be changed to "drive train" in No. 3 of the final development plan. 13. Increased planting would occur from the fire access north to the south side of the building along Tabor Street on the inside of the fence. Plannin- Commission hge 6 November 16, 2000 Commissioner SNO�V indicated she would vote against the motion because: I j The orluinal zonina was oranted upon representation by the owner that RV storage would be an interim use. (yes should be in conformance kkith 2) Citizens have a right to expect that any zoning changes the Comprehensive Plan. 'I) Fruitdale Master Plan in effect at the time for the original zoninu as well as the current Coin prehens I ve Plan sho the southern part of the subject propert\ as being residential. 4) There have been no recent commercial chances which extend as far south as till's application. It will go 2 feet farther south than other commercial uses and is incompatible with residential neighborhoods on the east, south and the greenbelt oil the west. 5) Drainage problems were brought up during this meeting that have not been addressed. 6) The final plan and outline plans don't match in regard to the southern and southeastern areas, 7) The Comprehensive Plan should be complied with on the southern portion of the property. The motion passed 6-2 with Commissioners COLLINS and SNOW voting no. It was moved by Commissioner SNOW that the request for approval of a Planned Commercial Development final development plan for property located at 11808 West 44th Avenue be continued to a date to be determined until a plan is presented that matches the approved outline plan. Meredith Reck explained and demonstrated that the two plans do match. Commissioner SNOW withdrew her motion although she still felt the plan was not clearly marked. 2. The applicant has tried to mitigate negative effects to adjacent property owners through operational parameters (no PA systems, limited hours of operation and the lighting). With the following conditions: 1. No bulk propane storage be allowed on the property. 2. Only one freestanding sign, which is presently existing, may remain and, if lighted, the limitations on hours of operation negotiated with the neighborhood must be followed. 3. The solid wooden fence along the western and southern property lines be increased to 8 feet in height. 4. The existing recycled asphalt be replaced with a clean, Class 6 road base. 5. The western wall of the building shall have a stucco finish. iiiiiiiiiii I 1111111h AN filam= MZ= 11. The owner shall work with the city and the sanitation district and follow the sanitation district's requirements in regard to the existing dump station. 12. No body work, engine or transmission repair, or paint facility will be allowed on this property; and the words "drive chain" shall be changed to "drive train" in n, No. 3 of the final development plan. 13. Increased planting would occur from the fire access north to the south side of the building along Tabor Street on the inside of the fence. Commissioner NOW stated that she would vote aaalrist the motion for the same reasons previously listed with an additional reason that the Final plan does not clearly and precisely follow the drawing that was submitted and approved with the outline plan, and neither plan has measurements showing exactly what area can be used only for boats and low profile RV's. The motion passed 6-2 with Commissioners GOKEYand SNONV voting no. Planning Commission Page 8 November 16, 2000 Commissioner THOMPSON requested that the staff review the outline development plan and make any necessary recommendations to City Council which would cause the two plans to match more clearly, It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE that, the request for approval of a consolidation plat for property located at 11800, 11808 and 11880 West 44th Avenue be APPROVED for the following reasons: 1. It will consolidate three existing parcels into one. 2. Fifteen feet of right-of-way will be dedicated for Tabor Street. The motion passed 4-3 with Commissioners COLLINS, GOKEY and NOW voting no. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. A. Zoning Code Rewrite - Discussion and Establish Meeting PAILs It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Planning Commission meetings be held on November 30 and December 7 to consider only the zoning code rewrite; and, further, that the December 21 Planning Commission meeting be canceled. The motion passed unanimously. Alan White informed the Commission that City Council has set first reading for adoption of the zoning code on January 22, 2001. Planning Commission Page 9 November 16, 2000 B. Election of {officers - The following officers were elected by secret ballot: Marian McNamee, Chairman Jerry Collins. Vice Chairman C. CML Workshop - Alan White announced that there will be a CML workshop on December 15, Commissioners should contact Kathy Field if they wish to attend. 13. ADJOURNMENT Commissioner NEW moved and Commissioner GO KEY seconded to adjourn the meeting at 10:20 p.m. Ann Lazzeri, Recording , ecr tary Planning' Commission Pa-e 10 November 16, 2000 CITY GAF WHEAT RIDGE PLANNING DI'VISIONSTAFF REPORT TO: Planning Commission DATE OF MEETING: Nov. 16, 2000 CASE NO. & NAME: WZ-00-I01Thompson mau��►�� CASE MANAGER: M. Reckert Rezone from C- I to PC D. outline and final development plan and consolidation plat A DATED LEGAL NOTICES SENT: October S. 2000 ENTER INTO RECORD: L REQUEST CASE HISTORY In 1993, Ordinance 92 1 ti 'as approved b� the Wheat Riddle Cit Council which approved a rezoning of properties located at 11800 (parcel A), 11808 (parcel B) and 11880 (parcel C) West 44" Avenue from Restricted-. Commercial and Agricultural-One to Commercial -One. In 1999, the owner applied for a rezoning to remove the use restrictions on the rear parcel to allow RV sales addition to the existing RV storage use, This case was reviewed at a public hearing in front of Planning Commission on April 1. 1999, and was denied for the following reasons: I uses on the southern part of the propert% , An,, proposed change In use ShOUld respec, the :It\ intent that the southern part of the. propert% is Intended to be residential The proposed change of zone to the southern portion of the propertN is incompatible e+ Ith the residential and agricultural properties to tile south and east of the property and �N Ith the green bell area to the south. 5. The change of use would provide a little economic benefit to the city because sales tax re generated from R\'*s go to the city where the purchaser lives. not to the cit-, of \k`heat Ridge, Attached are minutes from that meeting labeled Exhibit D. Included in the Planning Commission action were suggestions to*be incorporated if the applicant pursued all appeal to the denial recommendation, In May of 1999, tile applicant applied to the Board of Adjustment for approval of a temporary use permit. Tile request was approved for the following , reasons: There were six conditions of approval included which are reflected in the minutes attached as Exhibit E III a : a ! . A meeting for neiLhborilood input for the zone change was held on May 24, 2000. Please refer to attached Exhibits F and G which are a synopsis of the meeting and sign-up sheet. IV. AGENCY REFERRALS Public Service Company has requested that their standard language be incorporated onto the plat document. This should be made a condition of approval, Arvada Fire Protection District may need additional fire hydrants. The Parks and Recreation District has requested construction of an 8' high solid wooden fence be built along the western property line for visual mitigation for the adjacent open space. Valley Water District can serve the property. Any additional water lines or fire hydrants required will need 30' easements to be dedicated, i s for ernergenc\ vehicies 011 TheN. lla%e requested specific language %kllich has been mchidc,i on th�� access i development plan. V. OUTLINE DEVELOPMENT PLAN The outline development plan shows general use areas InClUding customer parking, ernplo parking and area, to be used for sales and storatie. Lo%N storaoe is sho"n along the southern and eastern perimeters, Operational issues as discussed at the neighborhood meetin- have been included in *'Zoning Statement". This addresses paging systems, banners and advertising flags. and hours of operation, The list of allowed uses on the property are limited to Recreational Vehicles sales, storage and servicing. Access to the property will occur from West 44"' Avenue EmergencN access only will occur from Tabor Street, All requirements for a Planned Commercial Development outline development plan have been met, Staff has the following comments relative to the criteria used to evaluate a zone change request, 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There are no errors on the Cite zoning map. The southern parcel was rezoned to C- I �� ith use restrictions. The northern properties currently have unrestricted C- I 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. The West 44"' Avenue corridor continues to develop commercially, replacing small homes on commercially zoned land or redeveloping existing businesses which aren't developed to their full potential, The C- I zones abutting the subject site extends 300' south from 44"' Avenue versus the 500' depth on this property. The majority of commercial properties along 44th Avenue have open-ended C- 1, 3. 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. The Fruitdale Valley Master Plan which is in the process of being repealed, designates the property neip,hborhood commercial on the north and moderate densiry residential on the south. The Comprehensive Plan future land use map designates the property as Community Commercial Service/Employment Center on the northern one-third of the property and Single Family Detached Residential (Not to exceed four du's per acre) on the southern two-thirds. Staff concludes that the proposal is inconsistent G� ith the existing and foriner cornprehensiN t2 pion deslanations on the southern part of the properi% 4. That the proposed chancre of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. M Zonma and land use surrOUndint'r the propem Include A -1 zoning with lo%k densitN residential land use to the south. The land east of the property is zoned C- I and is utilized as a fence company and lock densirN residential land use zoned A- I . Abutting the property to the west is the existing J.\4'. Brewer tire servicing facility with C- I and C-2 zoning. as we I I as the A- I zoned Coors-owned property leased to the City° as open space. The City is in the process of purchasing this land. To mitigate negative affects from tile sales lot with the less intensive adjacent uses. the applicant has provided 6' high solid fencing along the western and southern property lines with increased plant materials including the planting of hawthorns which will deter vandals. All utility companies can serve the property with appropriate upgrades at the developer's expense, 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently being used for recreati tonal vehicles sales (north half) and for recreational vehicle storage (south hall), However. because the storage lot was considered an interim use at the time of rezoning, there is minimal landscaping and buffering provided on site. Conversion of the property into a permanent sales and storage lot should be allowed oril with mitigation to adjacent low impact land Y uses, 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Tlivre is otnej Pilfliled COMMercial Detielopnient Zoning In the \iclnitN, therefore. spot zoning 1> not a concern, to. 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. It is impossible for staff to ascertain whether the change of zoning conditions will fill a void in services. products or facilities. There are two RV sales lots in the City (Ketelsen Campers and Casey's). there specialized servicing facilities (Camper World. Casex's and Ketelsen*s) and numerous storage lots. VII FINAL DEVELOPMENT PLAN Upon request by staff, existing display in the front and eastern sides of the building have been displaced by customer parking and landscaping. This will help compensate for the existing landscaping along 44'h Avenue which is primarily located within the city right-of-way. Nio changes are proposed to Parcel C ( 1 1880 W 44"' Avenue) which is currentk used for vehicle display, Existing parcel B (l 1800 W. 44"' Avenue) is used primarily for RV/boat storage with a small portion on the north used for new vehicle display pursuant to the TUP approval by Board of Adjustment.. The lot is surfaced with reconstituted asphalt. It is typical that all areas used for commercial vehicle sales and storage be paved with an impermeable surface, The applicant is requesting that this be waived and that crushed asphalt be allowed to remain. At a minimum. Staff recommends the crushed asphalt be replaced with a class 6 roadbase. Unrestricted access to the property is from an existing curb cut on West 44" Avenue. Emergency access to the rear of the property is b% watt of restricted access on Tabor Street, A note has been added regarding the potential future use of the Tabor Street access, If the property owner wishes to convert it to an unrestricted access, approval must be received from Planning Commission and City Council through a public hearing process. This would include removal and reconstruction of the existing vood and brick pillar fence plus tilt: Installation of curb, nutter and sjdewalk. Dumpster locations need to be added with some type of noncombustible screening. Staff recommends that only one freestandinia sign can the propert} be allowed not to exceed 25' in height and tilat if lighted. it follov, the limitations on hours of operation negotiated lkith the neighborhood. An irrigation ditch runs along the south end of the property. A gate has been provided on the western property line for access. In retyards to the suggestions given by Planning Commission at the April 1, 1999, public hearing, Staff has the following comments: All requirements for a final development plan have been met. vill. CONSOLIDATION PLAT A plat has been pro\ tided that consolidates the three e. parcels into one. The existingstorni%kater detentI011 pond is shown with language regairding nialntenance. A 1 15' right-of-wa dedication will OCCUr for Tabor Street, The Public Service Company has requested specific language which needs to be added as a plat note. All requirements of the Subdivision Re'ULlIations have been met. Ix. STAFF CONCLUSIONS AND RECOMMENDATION X. RFCOMMENDED MOTIONS REZONING Option A: "I move that Case No, WZ-00- 10. a request for approval of a zone change from Commercial-One with unrestricted uses and Cornmercial-One with restricted uses to Planned Commercial Development and for approval of an outline development plan for property located at 11800, 11808 and 11880 West 44" Avenue be APPROVED for the followino reasons. I It will eliminate two different zonings on three properties owned by a single entity. 2. It will allow more control by the city of the potential negative affects of an open-ended commercial zone. 3. It allows the Cit opportUniO, to improve buffering for adjacent property owners. With the following conditions 1. No propane storage be allowed oil the property. 1 Lighted signage oil the property fellow- the restrictions on hours of operation.­ 0 Option A: ­I move that the request for approval of Planned Commercial Development final development plan for property located at 1 1808 West 44"' Avenue. be APPROVED for the following reasons: I The applicant has tried to mitigate negative affects to adjacent property or, hers by physical improvements (fencing and increased landscaping). 2. Tile applicant has tried to mitigate negative affects to adjacent property owners through operational parameters (no PA systems. limited hours of operation). 3. It will allow more control by the city of the potential negative affects of an open-ended commercial zone. With the following conditions* Option B: "I move that the request for approval of a planned commercial development final development plan for property located at 11808 West 44" Avenue, be DENIED for the following reasons: I. 2. 1 Option A: " 1 move that the request for approval of a consolidation plat for property located at 11800, 11808 and 11880 West 44" Avenue. be APPROVED for the following reasons: I It will consolidate three existing parcels into one. 1 Fifteen feet of right-of-way will be dedicated for Tabor Street. With the following condition The easement note requested by Public Service Company be added onto the plat face." *ptio9JB,** 1, moye that the request for approval ofa consolidation plat for property located at 11800, 11808 and I 1880 West 44" Avenue. be DENIED for tile following reasons: 2. Y'