HomeMy WebLinkAbout02/15/2001CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
February I. 2001
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair McNAMEE at 7:30 pm.. February 1. 2001. In the
City.Council Chambers of the Municipal Building. 7500 West 29th Avenue. Wheat Ridge.
Colorado.
The following is the official set of Planning Commission minutes for the public hearing of February 1,
?001. A set of these minutes is retained both in the office of the City Clerk and in the Department of
Planning and Development of the City of Wheat Ridge,
4. APPROVE ORDER OF AGENDA
It was moved by Commissioner COOPER and seconded by Commissioner
MacDOUGALL to approve the order of the agenda as presented. The motion passed 7-0
with Commissioner DOYLE absent.
5. APPROVE MINUTES
It was moved by Commissioner COLLINS and seconded by Commissioner THOMPSON
to approve the minutes of.January 18, 2001 as presented. The motion passed 4-0 with
Commissioners COOPER, GOKEY and MacDOUGALL abstaining and Commissioner
DOYLE absent.
6. PUBLIC FORUM
There was no one to appear before the Commission
Plannim Commission
February 1, 2001
W=
7. PUBLIC HEARING
A. Case No. ZOA-00-1 I - (continued from Januan 18, 2001) An ordinance repealinU
and re-enacting Chapter 26 of the Wheat Ridge Code of Laws.
Alan White distributed copies ot'a redline version of the code containing Planning Commission
and City Council changes.
Jerry Dahl reviewed a memo from Alan White that set forth changes recommended by the
Planning Commission at its January 28"' work session. Discussion followed.
There was a consensus of the Commission to include requirements for handicapped van
parking spaces in the table on page 150.
There was a consensus (6 to I with Commissioner MacDOUGALl- voting no) of the
Commission to change the wording in the third line of the second paragraph on page 49
to read: "........public thoroughfare and originally designed and intended for use of
human habitation."
There was a consensus of the Commission to approve the new language contained in
paragraph Y', under Sec. 26-401 of Subdivision Regulations, on page 108.
]'here was discussion of subdivision regulations on page 130 regarding a possible
requirement to require private roads to be built to ADA (Americans with Disabilities Act)
standards.
There was a 4-3 consensus to add the following language as No. 10 on page 9 1: "To
promote handicapped accessibility." Commissioners GOKEY, MacDOUGALl, and
COt,LINS voting no.
There was discussion of defining wetland areas in the code. Jerry Dahl advised that it is not
necessary to define wetlands in the zoning ordinance. However, it is possible for the city to
have a wetlands protection ordinance.
• There was a consensus of the Commission to agree with the city attorney's
recommendation regarding definition of wetland areas.
There was discussion regarding reducing densities and increasing landscaping,
Commissioner SNOW was in favor of increasing landscaping requirements from 25%
to 30% in item "g" on pages 74 and 75.
Possible water shortages need to be taken into consideration when establishing
landscape requirements,
Planning Commission Page 2
February 1, 2001
QUalltv ot'landscaping should be considered rather than onl\ quantIt\ . Quaht\
control standards should be established.
Staff should survey SUrroundin, cities to learn what their landscaping
requirements are.
• There was a consensus of the Commission to agree with the omission of those
paragraphs referring to L"Inified Control on page 91.
• There was consensus of the Commission on the following:
The words "or until they are amortized" in the sixth line of paragraph I on page 34
should be deleted.
The words "which created the nonconformity" should be added after the word
"Chapter" in the third line of paragraph 2 on page 34.
The word "vacant" should be removed from the third line of paragraph "B" on page
35.
The word "minimum" should be added preceding the words "lot width..." in line six
of the second paragraph under "B" on Page 35. Paragraph "C" will be deleted in its
entirety.
The words "with a replacement value of more than five thousand dollars
($5,000.00)" will be deleted from the first and second lines of paragraph "D" on
p 3 5.
age I
Item 7 on page 36 should be deleted in its entirety.
The word "use" in the first line of item 2 on page 37 should be replaced with the
word "lot".
Paragraph 3, regarding private roadways, on page 38 should remain but language
should be changed for the purpose of clarity.
I
Language in paragraph G. page 38. should remain.
• There was consensus that on page 22. first paragraph, second line, under "C. Variances
and Waivers should be changed to read ".......empowered to decide of upon. "'
Remove language in the above referenced paragraph: "which apply throughout the
various zone district regulations and in other situations which may b e specifically
authorized in the various sections" and replace with "pertaining to development
Plannin!� Commission Page 3
February 1, 2001
standards pertaining to zone districts in Article If," A reference should also be made to)
Article V-Design Standards and Article VII-Sign code."
(Chair MacNAMEE declared a recess at 10: 15 p.m, The meeting reconvened at 10:30 p.m.)
There was consensus to add a new section on page 22 Linder C, 1: "e. That limitations
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of Charter Section 5. 1 O. I are not exceeded." This same language should be added to the
end of` C.2. on page 23).
• There was discussion regarding page 26-E, Interpretations. There was consensus that
item 3 should be rewritten, "shall include zone district boundary interpretations. as
permitted by Section 26-203.G."
• In regard to Page 26 - F. Appeals - Jerry Dahl stated his opinion that the only party
who has a right to appeal a planning commission variance decision to the city council is
the applicant. There was discussion about how to define "aggrieved party" in this
paragraph. Jerry Dahl will take a further took at this.
• Sight distance triangles on page 177, paragraphs 2 and 3 were discussed. There was a
consensus that homeowners should be required to trim existing trees but should not be
required to remove trees. Language should be added to the effect that new trees mav
not be planted in sight triangles
a
a
110
11M
It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to
continue the public hearing to February 15, 2001. The motion passed unanimously.
OLD BUSINESS
There was no old business to come before the Commission,
NEW BUSINESS
There was no new business to come before the Commission.
COMMISSION REPORTS
There were no commission reports,
COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
12. ADJOURNMENT
Motion by Commissioner GOKEY and second by Commissioner COLLINS to adjourn
the meeting at 11:15 p.m. The motion passed unanimously.
MARIAN McNAMEE, Chair
Ann Lazzeri, Recording Secretary
Plannint Coniniission
February 1, 2001
Page 4
TO: Plannino Commission
FROM: Alan White, Planning and Development Director
SUBJECT: Chapter 26 Staff Recommended Changes
DATE: February 8, 20(M
Attached are excerpts of the code that Planning Commission made changes to at the last hearing.
Below are additional changes recommended by staff. Bold indicates new language; art deleted language.
4. Page 9,- Section 26-111 B: Delete the following portion of the last sentence: ". . and will be
recorded with the Jefferson County clerk and recorder." (Site plans will not be recorded.)
5. Page 9, Section 26-111 C 1: Delete the following sentence: "This large format site plan Must
meet the Jefferson County Recorder's minimum requirements for recordation, as upon final
approval, a reproducible mylar will be recorded."
6. Page 10, Section 26-11 C 1 0 m: Delete this item. (Not needed since it won't be recorded.)
7. Page 11, Section 26-11 C 13: Revise to read: "Dated signature of approval of director of
planning and development or des]-nee.
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8,Page 12, Section 26 -1 1 2 B 3: Chan(yes to a planned development eat ifte preliminary or final
development plan, ('rhe Planned Development process has been shortened to two steps.
preliminary and final.)
9. Page 13, Section 26-112 C 3 d: Replace sentence with: "Appropriate fee."
10, Page 13, Section 26-112 C 5: Delete this item.
11. Page 13, Section 26-112 C 6 b: 'i'Ll I 1 - 11 LIM LY k-,IVj XJaYZ VI VI U ,Vllv4efet[
applIMP"VIVII pfteket, After acceptance and review, staff will give notice of a scheduled public
hearing on the application. .
12. Page 17, Section 26-114 C 3: Application shall be submitted on forms provided by the
department of planning and development and shall be accompanied by a copy of the property
deed, a certified survey, and a the appropriate fee . e I -dfed dollftrsr�—�'
13. Page 17, Section 26-114 C 4: All applications shall. . . the special use. 'rhe site development
plan shall meet the fo4+ow4w minimum requirements as outlined in Section 26-111 C. Delete
items a through h.
14. Page 18, Section 26-114 C 5 b:
en pft-k-et, After acceptance and review. staff will give notice of a scheduled public
hearing on the application
:r— -1-11— icIr"I nAN
16. Page 22, Section 26-115 B 1: V.Xvept Where a
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request covered within this subsection is made a part of another administrative process, then t1te—
hig both fees shall be imposed.
17. Page 27, Section 26-116 D 2: Planning commission revieNv: The planning commission shall
review and make recommendations to city council on all applications for Planned Building
Groups which exceed administrative review authority tmd or upon applicant appeal of an
administrative decision. Such application shall be heard at public hearing, with notification by
19, Page 32, Section 26-118 C 2:
i.._ k 3, da of aeeeptttnee of a eompleted
pplieation p a et, After acceptance and review, staff will give notice of a scheduled public
hearing on the application.
' Page 57, Section 26-203 H: Delete this entire paragraph. (Our policy has been to require a
rezoning in such instances.)
21. Page 57, Section 26-203 1: Boundaries indicated as approximately following section lines or
sttbdivision lines of sections (i quarter-section lines) shall be construed to follow such land
lines.
22. Page 86, Section 26-222 C: Delete this entire section. Any enhanced requirements will be
contained in the Streetscape manual and this section is not needed.
23. Page 87, Section 26-223 B. Application. This section applies to all land zoned
commercially or industrially in the city, including, NC, RC, C-1, C-2, 1, PCD, and PID. 44
_K'tVIV le'r"Ilieh site pian pproval isteqttireuvySeetiertt26 Hi, TheArchuCCtUral
Design Overlay District provides
24. Page 87, Section 26-223 C: Requirements, All site developments R)r mttltif�tli4r
1-01SLiTal-ttses within the Architectural Design Overlay District shall. .
26. Page I 11, Section 26-403: Private Drive: A thoroughfare for vehicular traffic which provides
access
• no more than four dwelling units two lots
27. Page I 11, Section 26 Private Street! A thorottghf�fe f�r vehiettlar traffie whieh provides,
-S8
• • is owned and Maintaitled by the Heentpropert owftems
a homeowners as's
I
2S. Page 130, Section 20 -4 Add: 3. Private streets shall not be allowed.
29. Page 1 Section 26-419 B:
X Page 138, Section 26-419 J: Delete this section in its entirety.
3 1. . Page 142, Section 26-421 F 2 a: Total acreage for dedication x dollar value per acre as
determined by market value = total cash amount
required.
32. Page 147, Section 26-501 D 1: Slitfa•ing. For all uses other than single ftt4-twe family
dwellings in Agricultural zone districts, areas For one and two family dwellings, the first
twenty-five feet (25') of driveway area from the property line existing edge of pavement into the
site shall be paved with concrete, asphalt, of brick pavers, or similar materials.
33. Page 147, Section 26-501 D 3: Delete second paragraph: (W-street parking f-of a u�st��
6MMUMMIL.&V LIM, f"MR&M
34. Page 148, Section 26-501 D 4 d. In all residential districts curb cuts for property access shall
be not less than-twelvej+24 ten (10) feet and not more than twenty-four (24) feet. Curb Cuts in
commercial. . . shall not in any instance be less than twenty (20) twelve-H- feet.
35. Page 148, Section 26-501 D 5: Off-street loading. Loading space shall be provided at a rate
deemed necessary by the owner. Loading shall not occur from any public street, major interior
drive, nor occupy or intrude. . . .
36. Page 149, Section 26-501 D 9: Handicapparking. For all uses other than one- and tw-
family dwellings, parking shall be provided for the handicapped at the minimum rate consistent
with the following table. The minimum width of an accessible parking space shall be eight feet
(8') with an adjacent accessible aisle with a minimum width of five feet (5). An tteees�`
Insert the table after paragraph 9.
After the table, insert the following wording: One in every eight accessible spaces, but not less
than one, shall be designated "van accessible" and shall be served by an access aisle a
minimum of eight feet (8) in width.
37. Page 152, Section 26-501 D 17: Buinper, curb, and ivheel stops .A parked vehicle may
overhang a landscape area up to two feet (2'). Such landscaped area must be low maintenance
and may be included as a part of the length of the parking stall,
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3S. Page 152, Section 26-501 D IS: Restiktion on the use ()J'tioii-i NO
paraking area, . . . emergency repairs to a motor vehicle. For automotive repair facilities,
vehicles stored on the property in excess of 24 hours for the purpose of 8 being
repaired must be screened from view from adjacent streets and properties by a six-foot W) high
solid fence.
39, Page 177, Section 26-603 B 1: No divisional fence, wall, hedge feet from the intersection
As
of such lot lines for collector or arterial streets. 'W41"Ing W-Aft"01 1. .,
40, Page 162, Section 26-502 C 2: On eortiei* loks, , v - ithiti the regulated sight distanee trifttig+o;
the The growth of any plantings or the erection of any landscape structure or berm ottfi4t4
IVII'Vea- I _00'Ve the level Ofthe Or street is regulated by Section 26-603(B),
41 Page 165, Section 26-502 D 3 d: All. nonresidential uses located adjacent to residential zoned
areas, or agriculturally zoned areas where there is it residential stmeture within fifteen-feetj+_
, shall provide a screened or landscaped buffer area consisting of either of the
following:
(1) A six-foot (6) high solid fence of or landscaped hedge with a mature height of six
feet (6).
42, Page 166, Section 26-502 1: I'Vaivers and variances, Generally Whenever a waiver or
variance is required which would be reviewed by the board of adjustment, planning commission
A- _. S .
or city council, such request shall be referred to the city forester fiffJOH 1, LL
JOC for their
recommendation. . . ,
43. Page 177, Section 26-603 B 2: The same height limitations shall apply .... provided, that the
area between thirty-six (36) or forty-two (42) inches, whichever is applicable, and eighty-four
(84) inches high is maintained free and clear of obstruction. , .
Delete the end of paragraph 2 and make it paragraph 4.
9
45. Page 177, Section 26-603 B: Add new paragraph: 4. The vertical sight clearance distZilice
for driveways shall be measured frorn the edge of the driveway or Curb cut at the right-of-W aV
line, and for street corners or alleys from the flov,11ne, or if no curb exists, front edge of
pavement. The following chart and drawing illustrates the minimum unobstructed sight
trianc See. Fi
Add the following table.-
V - Wailpfflm
In Required Sight Triangles
Corner Lot Driveway Alley
Arterial or Collector 36" 36" all uses 36tv
Local 42#t 42", unless SF or 42"
duplex, then no
requirement
48. Page 204, Section 26-624 A: List the requirements 1, 2 and 3.
#3: with regard to restricted Commercial, Commercial, and Industrial Use Districts, bulk
storage or piles of such materials shall not be permitted within a front yard setback and
shall be no closer than twenty-five feet (25') to ,a side or rear lot line which abuts
residentially or agriculturally zoned property, ag.
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I U%flfiftl stlm -etttre Withim ft fteen
49. Page 205, Section 26-628: Motor vehicle, farm implement, recreational vehicle, mobile or
modular home, motorcycle, boat, ftn4 trailer and equipment sales, ftft4 rental and storage lots,
50. Page 205, Section 26-628 D: There shall be a minimum of fifteen hundred (1,500) feet
separation between any of the sales or rental or storage lots for the uses listed. A Miepia,
ptrntff variance is required for separation less that fifteen hundred (1,500) feet,
6
CHAPTER 26
PLANNING COMMISSION RECOMMENDED AMENDMENTS
Section 26-119. Varian ce/wai vers /temporary permits/interpretations.
c. Property survey will be required if the request involves relationship
of structures) to lot lines or lot area.
I
1. Minor Variances or Waivers (Ten Percent (10%) or Less): The director of
planning and development is empowered to decide upon applications for minor
variances or waivers from the strict application of any • the "development and-use
ls --- zo-114449
which a •ply throughout the varius zne district regulatins and in ther
p o o o o
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situations which may be specifically authorized in the various sections, without
requirement of a public hearing, under the following conditions:
a. The variance or waiver does not exceed ten percent (10%) of the
minimum or maximum standard; and
GED\53027\322127.02 I
b. That the director of planning and development finds that the
"findings of fact," as set forth in subsection 3 hereof, are substantially complied
with and support the request; and
C. The director of planning and development has notified adjacent
property owners by letter notice and posting of the site at least ten (10) days prior
to rendering his decision, and that no protests have been received during such ten-
day period.
d. That no additional dwelling units would result from approval of
such variance or waiver.
3. Review criteria and findings of fact: Where the board of adjustment,
planning commission or city council shall hear and decide upon a request for a
variance or waiver, that authority shall base its decision' in consideration of the
extent to which the following facts, favorable to the applicant, have been
established by the evidence:
a. Can the property in question yield a reasonable return in use,
gervice or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located? M
b. If the variance were granted, would it alter the essential character
of the locality?
c. Does the particular physical surrounding, shape or topographical
condition of the specific property involved result in a particular and unique hardship
GED\53027\322127.02 2
(upon the owner) as distinguished from a mere inconvenience if the strict letter of
the regulations were carried out?
d. Aas the alleged difficulty or hardship been created by any person
presently having an interest in the property?
D. Temporary permit for uses, buildings and signs.
c. The approval • any temporary use, building or sign shall not be
transferable • assignable to any other landowner, tenant, lessee • occupant.
2. One-month temporary permit: The director of planning and development
is empowered to decide upon applications for temporary buildings, uses • signs
which would not otherwise be permitted in a particular district, without
requirement of a public hearing, under the following conditions:
GED453027t322127,02 3
a. The duration of the building, use or sign shall not exceed one (1)
month.
b. No other temporary permit has been issued within the previous one
(1) year for the same or similar building, use or sign on the same premises:
c. The director • planning and development shall determine that t
dings • fact," as set forth below are substantially complied with. I
d. The director of planning and development has notified adjace
property owners in a form and manner as required for minor variances an •
,2s set forth in Section 26-109, and has received no objections.
e. The owner or owner's agent approves in writing of the proposed
temporary building, use or sign.
f. If all
• the conditions above are met, the director • planning and
development may issue a one-month temporary permit; however, if they are not
met, the director must deny the permit. The applicant may appeal denial to the
board of adjustment.
g. An applicant may request renewal of a temporary permit for thirty
(30) days. The zoning administrator may approve a renewal request only upon
finding that the use, building • sign has complied with the findings of fact set
forth for the original approval. Up to two (2) renewal requests may be requested
• the applicant and approved by the zoning administrator.
M•3M
a. The board of adjustment is empowered to hold a public hearing to
decide upon requests for temporary bijildings or signs. The board may approve a
temporary permit for no longer than one (1) year per application.
• Only one such permit may be approved per year for a particular
site. No renewals of one-year permits or new permits for substantially the same
building or sign shall be allowed.
c. In the event a city project necessitates the relocation of a use, the
board of adjustment may approve such temporary use for a specified time period
upon finding that a legitimate public purpose is served • granting the temporary
use, in addition to the findings • fact required below for 30 -day temporary uses.
4. When hearing and deciding requests for temporary permits, the board
shall base its decision in consideration • the following findings of fact:
FINDINGS OF FACT: The proposed temporary building or sign:
GED\53027\32212T02 4
a. Will not have a detrimental effect upon the general health, welfare,
safety and convenience of persons residing or working in the neighborhood of the
proposed use; and
1. The basic intent and purpose of words, phrases or paragraphs as applied
to a specific proposal or instance.
2. Use of property as an "other similar use;" however, in no instance shall
the board make an interpretation that a particular use may be permitted in a zone
district where that use is specifically enumerated in a higher, that is, more
intensive, zone district.
3.
-y - j 672,03.13-
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I jillilil 1111
1111 EM I EEEMMMMM���
If two (2) or more lots or combinations of lots and portions of lots with
continuous frontage in single ownership are of record
awte����ef, and part or all of the lots do not meet the requirements
of the district in which they are located as to minimum area or frontage or both,
GEM53027\32212T02 6
the lands shall be considered, for the purpose of-this to be an undividell
parcel and no portion • the parcel shall be sold or used in a manner whic
diminishes compliance with m lot width and area requirements. e-s-t-ab4s �e$
GED\53027\322127,02 7
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2. If any structure or nonconforming portion thereof is destroyed by any
means to an extent of more than fifty percent (50%) of its replacement cost at the
time of destruction, it shall not be reconstructed except in conformity with the
applicable provisions of this Chapter.
3. If any structure should for any reason be moved from its location at the
time of adoption • amendment • this Chapter, it shall conform to the provisions
of the district in which it is located after it is moved.
4. No existing structure devoted to a use not permitted by this Chapter
the district in which located shall be enlarged, extended, constructe
reconstructed, moved or structurally altered except in changing the use of t
structure to a use permitted in the district in which it is located. I
I ng InTalz If gg "JUL* - ..V Mw M i
tff-t- *MT.M.
m�� MUMA-19MG, •
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ANFANWantgrom
shall not be deemed a nonconforming jq"!�,s"c
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_pe
use stftW44ife.
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F. Miscellaneous Nonconformities: Existing uses and/or developed lands
which are nonconforming due to ingress/egress, landscaping, parking, signage or
public improvements may be continued notwithstanding the provisions of
(3ED\53027\322127.02 9
(Ord. No. 1989-814, § 1, 12-11-89; Ord. No. 1990-827, § 1, 4-9-90; Ord.
No. 1991-859. § 1, 4-18-91; Ord. No, 1996-1033, § 1, 6-24-96)
Recreational vehicle licensable. A vehicle, such as a recreational trailer, tent
camper trailer, truck camper, travel trailer, motor home or other vehicle with or
without motive power, designed and/or constructed to travel on the public
thoroughfare and o
F designed for use of human habitation.
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A. Citation. This Article shall be known and shall be cited as the
"Subdivision Regulations" of the City of Wheat Ridge, Colorado.
2. The transfer of any portion of a parcel by the use of description for the
purpose of sale, transfer, lease or development is prohibited until the proper city
process is completed and approved.
GED\53027\322127.02 10
EM
a. Any division of a tract of land into separate parcels of at least
thirty-five (35) acres each for the purposes of sale.
b. Any division of land which is created by order of any court in th ,
State or by operation of law, such as settlement of an estate.
c. Any division • land which is created by a foreclosure of a deed of
trust, lien, mortgage or any other security instrument;
d. Any division of land which is created by a security or unit of
interest in any investment trust regulated under the laws of this state or any other
interest in any investment entity;
e. Any division of land which creates cemetery plots;
6 It • #
GED\53027\370665.02 11
GEDI,53027\370665.02 12