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HomeMy WebLinkAbout02/19/1998AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION February 19,1998 Notice is hereby given of a Public Hearing to be held before the City of Wheat Ridge Planning Commission on February 19,1998, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES February 5,1998 y]111EU#M1%-q M Minutes of Meeting February 5, 199$ The following is the official set of Planning Commission February of t both in the office of i in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE THE ORDER OF THE AGENDA Motion by • • seconded by o s ner SNOW to approve regarding agenda with an amendment by Commissioner SNOW to add an item under New Business • pertaining to counseling centers within the Restricted Commercial and Commercial d an amendment by Commissioner BRINKMAN •« add an item under Discussion and Decision Items regarding large animal field trip. Motion carried 7-0 with Commissioner SHOCKLEY absent. Planning Commission Page 1 02105198 M Commissioner WILLIAMb, seco ssioner the Minutes of January 8, 1998, and January 15, 1998, as submitted. Motion carried 7-0 with Commissioner SHOCKLEY absent. A. Case No. WZ-98-1/SUP-98-3:: An application by Vashi Sachanandani requesting a rezone ftbm A-2 and R-I to R-C with a special use to allow recreational vehicle rental and sales with site plan approval with a 4' fence height variance located at 12200 West 44th Avenue. am PRIDIUMIMMOMI'm MR INNUM10imia- uratnagt; 11701TI uIc the wells in the area. Ms. Reckert reviewed the Evaluation Criteria for a rezoning, a special use permit, and a variance informing that the criteria had been met. Ms. Reckert noted that the interim residential land use plan of the Comprehensive Plan pertaining to density changes shows the lower portion as single family with 1-5 dwellings per acre. Ms. Reckert added that the southern side • the property was found not to be in the 100 year flood plain. 70T. concluaect tnat Ine request for rezoning, speciat use permit, anoT7=77MU= void in services and provide a public benefit. The criteria used to evaluate the applicant's request supports a recommendation of Approval with a number of conditions. 1 1-32 , M� EMS I Planning Commission Page 2 02/05/98 Commissioner GOKEY discussed his concern with maintenance of the area along the fence outside of property and requested that some • of • • cover or be used to •t the area from becoming an eyesore. Planning Commission Page 02105/98 III I I I! I = I I I 111111 t l 1 11 1 1 11 iii t f IUMERJU= and the applicant. Curt Anderson, 4330 Vivian Street. Mr. Anderson noted numerous concerns he had with the fence (placement, materials and maintenance), tree species being used, thickness of the paved surface, water drainage, wash bay, hazardous waste, and building height. Commissioner GOKEY responded that the wash bays, chemicals and drainage would not impact the surrounding wells. He also noted that the current building is at least 20' tall and that the request is consistent with use of the property within the last ten years. He informed that any future use would have to come before the Commission for approval. I 1 4 * "S TIN — • q M Wayne Bonger, 4340 Vivian. Diane Tipton, 4311 Tabor. Karen Cleaveland, property owner, 12200 W. 44th Avenue. Stated that previous use of this property included use • chemicals with no impact on the wells or water quality. She stated that the shape of the property made its use difficult under the current zoning. Commissioner SNOW moved that Case No. WZ-98- 1, a request to rezone property located at 12200 W - 44th Avenue from a ricultural-Two and Residential-One to Restricted-Commercial be APPROVED for the following reasons: Planning Commission Page 4 02/05/98 1. The applicant has reduced the request from C- I to R-C. 2. Conditions in the area have changed which support the reduced request. 3. The historic use of the property has been commercial in nature. 4. The property is unable to be developed under current zoning conditions. With the following conditions: I That any future building be limited to a height of 20'. Seconded by Commissioner WILLIAMS and unanimously carried with Commissioner SHOCKLEY absent. Planning Commission Page 5 02/05/98 111 0 d"W, Commissioner BRINKMAN suggested the following additional conditions: jW 01 !M1111 1 111111111 11 Ill 11111 11111111 ill 1 � I I � 111111 � I 1111111111111111 ill I I 1111111111111111 3=�� M. No pennants, streamers, or banners be allowed more than 100' from W. 44th Avenue. n. Landscaping will be approved and consistently maintained to City standards. All additional conditions were accepted by Commissioners SNOW and WILLIAMS and unanimA usly carried with SHOCKLEY absent. Commissioner SNOW moved that the request for a four foot fence height variance to allow a 10' fence along the western and southern property lines located at 12200 West 44th Avenue be APPROVED for the following reasons: 1. There are unique circumstances. 2. Approval • the variance would result in a benefit to the neighborhood. The motion was seconded by Commissioner WILLIAMS and unanimously carried with Commissioner SHOCKLEY absent. Commissioner SNOW moved that an additional condition be recommended to the City Council fM r approval that there be no idling • vehicles for more than ten minutes in the back 40W of the property. Planning Commission Page 6 02/05/98 The motion FAILED for lack • a secotd. Planning Commission Page 7 02/05/98 Chair THOMPSON discussed the need for decel, lane along 44th Avenue entenng this ocation. She explained her concern with children from the apartments across the street and the trucks blocking traffic as they enter and exit the location. 111111 1 11111 RIF 1�111 (Commissioners Snow and Rasplicka exited the meeting at 11:07 p.m. and returned at 11 :10 P-m) Planning Commission Page 8 02/05/98 Planning Commission Page 9 02/08/98 Chair THOMPSON requested the applicant ensure that the storage area be large enough to contain the old tires prior to their being removed. In addition, she requested that the area be fenced with adequate screening. The following people were sworn in and spoke in opposition to the application: George Isquith, 4350 Tabor Street. Diane Tipton, 4311 Tabor Street. Heinz Sills, 15745 Hwy. 35, Fort Morgan. Owner of Heinies Market. The following person was sworn in and spoke in favor of the application: Bob Rock, 4300 Tabor Street. (ComiTiissioner Theander exited the meeting at 12:31 a.m. and returned at 12:34 a.m.) Commissioner SNOW moved that the request to change zoning conditions on property located at, 11800 W. 44th Avenue be DENIED for the following reasons: I It is inconsistent with designations on the Comprehensive Plan and the Fruitdale Valley Master Plan and the most recent Residential Future Land Use Plan. 2. It is incompatible with adjacent land use to the south and east and open space land ® the south. The motion was seconded by Commissioner BRR , 4KMAN and failed to carry with Commissioners GOKEY, RASPLICKA, THEANDER AND WILLIAMS voting NO and Commissioner SHOCKLEY absent. I . It is compatible with the adjacent land use to the west and to the east. 2. Does not adversely impact the health, safety and welfare of adjacent properties. 3. Applicant has provided buffering with site plan exceeding City standards. 4. Historic use of the property has been commercial in nature. 5. Neighborhood concerns had been resolved. Commissioner SNOW noted for the record that she would be voting NO due to the impact and damage to the neighborhood, Chair THOMPSON noted for the record that she would be voting NO since she has consistently Planning Commission Page 10 02/05/98 Commissioner a noted for •• that she would be • O on application • Comprehensive Plan ! because of It the City Code that, "it is the intent to exclude body work or painting and to exclude any such us* primarily for • or t truck tractors that the least evasive use which could be at this location, but feels the use is inconsistent. The motion carried with Commissioners BRINKMAN t Chair • voting i Commissioner absent. continue I . It will allow an existing business within the City to continue to operate. 2. It will t fill a void Chair THOMPSON asked that the following conditions be added to the motion: I, That a solid 10' fence with landscaping be placed along the west side of the property. 2. The recapping operation be removed from the property. Commissioner BRIM AN asked that the following condition be added to the main motion: L Delimiter _ drawn on the site plan so that no parking be allowed on southern part of the property from the back (south side) of the new service tire building in of the south property Planning Commission Page 11 02/08/98 I I NOW 1 1 �I IFNI 4. That the detention pond be brought to the front of the property to lesson the I pressure on the homeowner towards the rear of the property. MAI 1. It will allow an existing business within the City to continue to operate. 1 It will continue to fill a void in the market. I That the 6' high chainlink fence along the rear property line be replaced with a 6' high opaque/solid fence. 2 That vertical landscaping be installed on the open space land in accordance with the recommendation from the Parks and Recreation Commission. Commissioner SNOW noted for the record that she would vote YES for this request since it was an existing use. Chair THOMPSON noted for the record that she would vote YES for this request since it was an existing use and it would eliminate the tire recapping operation. It was moved by Commissioner SNOW, seconded by Commissioner THEANDER, and unanimously carried with Commissioner SHOCKLEY absent, to APPROVE the request for variance to approve the four foot variance to the fence height and allow a 10' fence along the southern property line located at 11800 West 44th Avenue. Planning Commission Page 12 02/05/98 MUM unanimously carried with Commissioner SHOCKLEY absent to direct staff to draft 'OMMISSIOnFr the tour of horse and large animal properties throughout the City. The Commission discussed whether or not it wanted to tour properties as • group or individually. It was the consensus of the Commission that it would tour the sites individually and contact each other if necessary. Planning Commission Page 13 02/05/98 Barbara Delgadillo, Recording Secretary Janice Thompson, Chair Planning Commission Page 14 02105198 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director r y .. ~ �URE 7 «f x A s s opment, 1 retail, A. office; and Nam: A definition fstrf development restaurants, excluding drive-through. the Glossary. A n exa o le of the balance desired would be 3O% • # • to dominate. 2. Residential development has been precluded Bufl1 Acres G.A (sq. f.) DIPS Emplo t Retail 105 = 1 080 2,100 Mice 418 4,124,609 15,21$ Industrial 11509 9,677,824 19,354 Residential 4,296 9,786 0 Special Use 0 0 0 Parks & Semipublic 616 0 0 Totals , 1 6,944 14,641,513 sWN a 20) ow McIntyre Street 9,786 36,673 1 Metnockfty appears a r4x hea ' s; Housing and Retas, Office, Industrial & Mixed Use: i 4 r P } i s 9 i I E Map AM 30: DOSWAted ACtIvItY CenttP McIntyre Street& West 64th Aventse, north of the ridge which partillets West 64th Ave- one, cast of McIntyre Street to the easterly property lines of the existing Intinstrial and office development to ffie watep A residential densities up to 7 du/ac, low impact residential development up to 10 du/ac and up j. The services and facilities required by the pro- regulations, with amendments that will accom- posed project will be available, and the quality plish the following objectives: of existing services will not ®be adversely of - assure the County, at the time of application fected. for a home occupation, that the proposed home k. The character of the activity center can be occupation is allowed by the covenants gov- maintained and enhanced. erning the subject property; 1. The balance of uses within the activity center r allow an increase in the permitted number of can be maintained. employees from 2 to 2; H. COUM WJWY A require that the residence to be used is the 1. Cottage industry should be allowed anywhere principal residence of the applicant, not a in Fairmount when it meets all of the following secondary one; criteria: ' a provide adequate off - street parking; A it is located on or near road junctions, unless s prohibit the use, storage, or production of any the traffic generation isloworcanbemitigated; hazardous materials, substances, by products, it is a Planned Development; or residue in excess of quantities used for resi- �, it is light assembly, repair, or manufacture; dential purposes, unless permitted by the ap- prolariate regulatory agency; and it does not have more than 3 employees, A, prohibit adverse impacts from noise, odors, it is a limited, low volume activity other than smoke, glare, or vibration beyond that associ- retail, ,- ated with adjacent uses. A the traffic impacts are comparable to the sur• J. Oevftmed OuUlde of the ftd Am rounding residential traffic generation; 1. Proposed development along Ward Road, the architectural quality and sizeof buildinsis within a city or the County, should be reviewed by equivalent to residential duality; the County and the community to avoid adverse a outside storage is limited and screened, with impacts on the Fairmount community from noise, substantial setbacks from adjacent properties, odors, traffic, glare, smoke, and the presence of A the percentage ofsmtecoverage does not exceed hazardous materials and waste. that of neighboring residential development, 2. Developers should be required to infanta and 29 [B cb • 4 1 N • • !• i N • • 4 ! t cb p d iG adocent to R a nt. f` w � a t a M ♦.4 adocent to R a nt. alternative to dpiving Within falemount. I F-N • alternative to dpiving Within falemount. I F-N ^L LIM IML , offirtlission ice gave aTT'sMo properties you may want to visit. They included the following: m mol - mmem3mmmEm OMTII 16 keeping (2) Small Animals and Poultry. The private rabbits animals, such as . chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, requirements: shall be subject to the following ME ow • # # # ! # ! mop ow CITY OF WHEAT RIDGE, COLORADO IINTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1998 TITLE: AN ORDINANCE AMENDING SECTION 26-30(L)(1) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATIONS APPLICABLE TO THE KEEPING OF ANIMALS WHEREAS, Section 26-30(L)(1) of the Wheat Ridge Code of Laws contains regulations for the keeping of large animals; and WHEREAS. the Council wishes to amend the section as a result of recommendations of the Wheat Ridge Livestock Association and the Animal Control Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Sectiwi 1. Spsliwi 26-30(L)(1)(1) of tht Alwal Ridge COC of Laws is har 11111poild as NI(IN"s (1) Large (inimals. Private stableS for the keeping of LARGE ANIMALS SUCH AS horses, cows, llamas, sheep, goats and similar animals are subject to SHALL MEET the following requirements: of mawials and ffiwA--be maintained in such a manner so as to adequately contain the animals. -3-.2. No part of an enclosure for the keeping of such animals shall be permitted within thirty (30) feet of a residence or other main structure on an adjacent parcel. If any clause, sentence. paragraph, or part of this Ordinance or Application thereof • any person or circumstances shall for any reason • judged by a court 1 09 il(Q� 268 1.4 1 (� 1 3 of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the I remainder of this Ordinance or its application to other persons or circumstances. SIGNED by the Mayor on this day of 1998. ATTEST: 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 101) ' " ol - zbK1'4J'01 4 ALLOWED 11 LOT SIZE REQUIREMENTS r YES NO MINIMUM CORRAL SIZE Arvada X 9,000 for Ist horse; 6,000 sq.ft. for No each additional horse. 100 foot setback required for stables. Aurora X Livestock including horses: No I animal for every % acre in the RASPLICKA zone only. Corral sizes are no reg ulated. Boulder X I horse for every %x acre. Yes Corral sizes are not regulated. Brighton X Allowed in RE or PUD only. Yes Requires permit. Co rral s are not regulated. Broomfield X Livestock and horses are prohibited. No Castle Rock X Not allowed within the City. Yes Cherry Hills NO RESPONSE Commerce City X Not allowed within the City. No Denver County/ City X 1 animal for every l2 acre in the Yes Residential zone only. Corral sizes are not regulated. Englewood X Does not allow large animals. No Erie X I Not allowed within City. No Federal Heights E�• Ft. Morgan Gilcrest Glendale I I INW I I Greenwood "pillage X I horse per 113 acre; 2 with %z acre; Yes 3 or more r`2 acre each additional Morse, apace must be dedicated solely to animal (i.e., stable and corral). Corral sues are not regulated. Lafayette X SUP only in RE I and RE2 with Yes 40,000 and 20,000 square foot requirement. Corral saes are not regulated. Lakewood X 9,000 sq, ft. for l st horse; 6,000 sq. ft. for each additional horse not to exceed 4 horses per acre except that offspring can be kept until weaned, Corrals minimum is 300 sq. ft. per horse. Littleton X In RE: 25,000 sq.ft. minimum per animal; other zoned areas require 2 acre minimum (trying to discourage). Corral sizes are not regulated Longmont X Existing animals are grand fathered. N o longer allowed within City. Louisville X RRR and AgA only. Yes I acre minimum. Corrals must be 150' from any building. Loveland X Y2 acre per horse - no livestock. Yes Corral sizes are not regulated. F Northg1enn X Westminster X With PUD or minimum of 10 acre Yes lot. Corral sizes are not regulated.. Parker X 1 horse for every 2 acres. Yes Corralling or containment of animals is required with only limited periodic grazing, is to be "adequate" for the number of animals involved but not to exceed 10% of the lot area; shall not be closer than 100' to any off-site residence or business on an adjoining property. Platteville X 1 horse - 113 acre horses - fx acre 3 horses - 1 acre 4+ horses _ 1 acre for each additional horse. Acreage requested is that Solely devoted to horse (i.e., Stable or coral area) Adams County X 9,000 sq. f1. for 1 st horse; 6,000 sq. Yes - for less f1. for each additional horse, but not than 35 acre lots. to exceed 4 horses per acre; does not include horses below weaning age or 6 months whichever is less. Corral sizes are not regulated. Jefferson County X 9,000 sq. ft. for 1 st horse, 6,000 sq. ft. for each additional horse not to exceed 4 horses per acre with exception for offspring until 7 months of age. These numbers exclude the area for the one - family dwelling. Corral sizes are not regulated. TOTAL RESPONSES:30 21 9 SZMCMM ..