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HomeMy WebLinkAbout03/05/1998Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on March 5, 1998, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - February 19, 1998 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to ") minutes.) Approved B. Case No. MS-98-1: Application by HC Properties, Ltd. for approval of to resubdivision three parcels to allow for a lot line adjustment to accommodate the relocation of Public Service natural gas regulator facility located at 7605 W. 44th Avenue and 4401 Wadsworth Boulevard in the Commercial -tine zone. pl�njnjxll fflu= 10. NEW BUSINESS It. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT d:',,ftles\wp\pcq)ts�,pliigeotn\.igenda',98-3-5 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m.. on February 19,1998 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Members Present: The following is the official set • Planning Commission minutes for the public hearing of February 19, 1•9• . A set of these minutes is retained both in the office of the City Clerk and in the Department • Planning and Development of the City • Wheat Ridge. fimm The minutes • the February 2, 1998 Wheat Ridge Planning Commission were presented for approval. Planning Commission Page 1 02/19/98 Commissioner GOKEY requested a clarification to the minutes on page 4, fourth paragraph concerning the statement that chemical drains would not impact surrounding wells. The staiemen e should read "that if hard surfaces are used and a proper drainage system is installed in that compl then the chemicals would not affect the ground water." p4al 1 Commissioner THEANDER requested an amendment to the vote on approval of the minutes to reflect that he abstained from voting because he was not present at the meeting. 7 — Commissioner I y 87 ommissione e the minutes as amended. Motion carried 6-1 with Commissioner SHOCKLEY abstaining and Commissioner SNOW absent. 1 1 ORION III T Chair THOMPSON declared the Public Hearing open. A. Three Mile rjap; Update and revision to the City's Comprehensive Plan addressing the area beyond the city's current municipal limits by adopting the North Plains Community Plan, Fairmount Subarea as prepared by Jefferson County. Planning Commission Page 2 02/19/98 Mr. White inforiried the Commission that petitions have been accepted for an annexation in one of the enclaves adjacent to W. 52nd Avenue and City Council has set a public hearing to consider those annexations in March, noting that the Three Mile Plan must be in place before considering those annexations. Mr. White informed the Commission that the Comprehensive Plan Review Committee unanimously approved a motion recommending adoption of this as the Three Mile Plan for the area as it pertains to three miles outside the Wheat Ridge boundaries with the following changes, and that staff recommen approval by the Planning Commission. I I 1) Add two enclaves overlooked by the County when the plan was developed. 2) Delete recreational vehicle storage and residential (up to 15 dwelling units per acre) from the recommended land uses in Area 20. I I - - IBM M E-111 = M q le i rr: 11 : 11 : 1 # imllnuv Te the purpose of serving as a Three Mile Plan; however State statute requires adoption of a Three Mile Plan on an annual basis. Commissioner BRINKMAN asked the CPRC's reasoning for dropping the residential up to 15 dwelling units in Area 20. Mr. White responded that it had to do with the fact that there was much , opposition when this was proposed several years ago and it was decided this was probably not a goo4l recommended land use for the area. Mr. White read CR.'3112.105 which addresses requirements for annexation in response to Commissioner WILLIAMS' request for detailed explanation of the State statute requiring the three mile plan. Mr. White and Ms. Reckert replied it would not prevent widening of streets. r , 771 firm ss T+ ncr.,VAM TrITYMIT=11 give appro-T fnIXT; . -- uggestea type-, of land uses listed for all these areas even though they are outside the three miles. Mr. White responded that the Fairmount Subarea is more closely aligned with the Three Mile Plan and that is why staff is suggesting that we limit it to'the Fairmount Subarea and the enclaves. Planning Commission Page 3 02/19/98 It was moved by Commissioner THEANDER and seconded by Commissioner WILLIAMS to amenj the agenda to move item I I to the next order of business. The motion carried 7-0 with Commission SNOW absent. tae i qnm�* 0 ;lliliii 1 1 HEM= Mr. White presented a brief history of this matter explaining that there have been some code enforcement issues concerning large animals which resulted in the Animal Control Commission suggesting changes to the animal regulations within the Code. He stated that as a result of City Cou, directin-A to staff to wor,"Tc t1e it was decid d to set tkis date as a stud 1 1 11 qJ11, 1111!11111,�FIIIII I III 111 11111 jqji��111�11�� 111 1 1111 11��I�I 11WIVIUM-11OWNHIK IM1110CAF11 I Ms. Reckert distributed to the Commission copies of a matrix showing large animal regulations in other metropolitan communities and then presented slides showing various large animal properties in the City of Wheat Ridge. These properties reflected a broad cross section of residential, agricultural and commercial zonings throughout the City. 3MMEE3WH= 11 Iffli 1 0 IfffflMISIRRIE M !111111111iIIIi 2.QQO sQuarg fogt r Ms. Ellis noted that in order to determine if the property meets lot size requirements it is necessary for the City to go by the Assessor's maps which aren't always accurate. She explained that a survey is necessary to accurately determine the square footage of a property; sometimes property surveys are not available. Manurg aud figuid waate. Ms. Ellis noted that these cases are presently prosecuted in criminal court Planning Commission Page 4 02/19/98 court because of the court'sopinion that they do not belong in criminal court, but rather in civil court C I where cases can be decided on test mony. She also noted that manure accumulation and odor are two different problems and are very difficult to enforce. Egn. ggrml and knged argjj5. Ms. Ellis stated that the Code contains some ambiguity in defining fences, corrals and structures such as barns. She added that there have only been three properties which cause problems and only five that have ever been cited. Three that were cited were adjacent t* residential and concerned manure accumulation or odor. Commissioner BRINKMAN asked what procedures the City would take in a situation where a potential i -es the wd o f a realt o r that the% can have h o rses and then a neigh bo r c ornglairill ,2urchaser or tak Ms. Ellis replied that her office would check the size of the property according to their records and then request a survey from the owner to determine actual square footage and the number of animals they would be allowed. If there is insufficient space, the owner would be given 30 days to remove the animal, obtain a variance, etc.; and if they don't comply at that time, a summons to court is issued, She also noted that she has never had to issue a sununons for this type issue in the past seven years. In response to Commissioner THEANDER's question as to what constitutes the three major reasons for citing owners of large animals, Ms. Ellis replied they are (1) odor and manure accumulation; (2) corral setback issues; and (3) too many animals on the property. Commissioner GOKEY discussed whether or not some of these conditions could be cited as animal abuse cases, Ms. Ellis explained that animal control would be called in if abuse was suspected. Commissioner SNOW asked Ms. Ellis' opinion regarding whether or not the proposed changes in the ordinance would resolve code problems. Ms. Ellis replied that she believed the changes would present guidelines to follow such as how often a property owner needs to clean the animal areas. �i 111 1111111 1111 1111 q�il il 11 1 il R 111 Ms. Reckert replied that the suggested changes from the Animal Control Commission included a provision for no more than four animals per acre, a two week cleaning rule, pen arid corral sizes, and clarification of fences and corrals vs. barns and other structures. She noted that a grandfather clause is included that would apply unless the property owner ceases owning a horse for more than sixty days. Commissioner BRINKMAN and Commissioner GOKEY discussed the minimum open lot area of 9,000 square feet for the first horse and 6,000 square feet for each additional horse. Planning Commission Page 5 02/19/98 Ms. Reckert stated that the animals do not have to have access to the entire area and that these requirements are consistent with the requirements • Jefferson County. Mr. White added that this requirement is to set forth a guideline for the number of animals allowed on a property. Mr. Fisher addressed the Commission stating that at the request of City Council, the Animal Control Commission conducted two or three public meetings with input from the Livestock Association regarding proposed changes to the ordinance. Chair THOMPSON addressed a rumor that the City is trying to get rid ' • all large animals. She stated that this is a misconception and that the Commission is only interested in clarifying the existing ordinance. Ann Osterlow - 3295 Independence Court Ms. Osterlow stated that she lives ad�a �;I with f• o ur h o rses o n o ne acre��.-; �cent t �ae � with the health issues related to the large number • flies that are attracted by manure accumulation. She indicated that she does not want to get rid of horses in Wheat Ridge, but only wants horse owners to keep their properties clean. Bob Rock - 4300 Tabor Street there may be a need for changes to the present ordinance. Warren McCoy - 3275 Dudley Street Mr.,McCoy stated his opinion that horses should be allowed in the City; however, horse owners need • be responsible about taking care of.the animals and cleaning up after them. Planning Commission Page 6 02/19/98 Don McDougal - 9815 West 37th Avenue Expressed concern that the City of Wheat Ridge is attempting to ban horses from' the City and ask that the Commission not allow this to happen. I Kevin Craig - 10615 West 46tb Avenue nresponse licins is rep I that an owner could be fined up to $999.00 for a violation. tell# f IN't We -ME would require entering private property containing animals and would open the City to various lawsuits. Louise Turner - 11256 West 38th Avenue Ms. Turner, member of the Livestock Association, suggested that education along with the nuisance law would be vehicle to deal with these problems. She doesn't believe the answer is to get rid of th4 animals, but to take proper care of them. Ms. Turner stated that she would like an opinion from the judge or the city attorney as to whether not the changes would take care of the problems. • Chair THOMPSON asked if there were others present who would like to speak to this issue. Hearing no response, she stated that the individuals who spoke would be notified of future meetings and asked if there were others present who wished to be added to the notification list. Planning Commission Page 7 02/19/98 Commissioner THEANDER asked how other cities addressed the excrement issue. Ms. Reckert replied that most cities' codes were vague and referred to their nuisance laws - which are similar to those of Wheat Ridge. Mr. White summarized the statements from the public, stating there seemed to be a sentiment that horse.property is a part of the lifestyle in Wheat Ridge and that the complaints seemed to be centered around the nuisance aspect. Mr. White suggested we take a look at the agricultural regulations and to have no restraints on the number of animals in these zones except when they are nonconforming lots in which case, the residential district requirements be applied. He commented that the two week cleaning rule sounds simple, but it might require hiring a full time person to keep track of who has cleaned in the past two weeks. Mr-WIGRIV f ft i fiell I I I 7c , 771yer TXPOCTUTT 11 - I - I I I past seven years have been personal neighborhood battles. Commissioner SNOW asked how many of these complaints have been a real problem over the past seven years to which Ms. Ellis replied that there has only been one. Mr. White requested to poll the Commission for a consensus as to whether or not it is desired to allow horses on residential and commercial properties. In response to Chair THOMPS ON' s poll, there was a consensus that horses be allowed in Wheat Ridge. Commissioner GOKEY commented that the property must be taken into account as to whether it is suited to having large animals. Chair THOMPSON commented that photos could be taken at the time the complaint is received and that the owner be informed that they have two weeks to clean it up and let them know that you will • back in two weeks to check for compliance. Ms. Ellis was not sure if the judge could determine from photos if the ordinance had been complied with. Planning Commission Page 8 02119/98 It was the consensus of the Commission that the city attorney's office review the ordinance as to ( '11 2 7 1 ordinance; (3) a different standard for the ratio of animals to lot size; (4) look into the possibility establishing horse equivalent units; (5) rewrite this section to make it easier to understand; and (6) review the nonconforming portions • the ordinance. Conunissioner SNOW requested that the agricultural property issues be taken to the Agricultural Commission for their research and opinion. ria 1 ion ine secona 1*1 �,�+Tnmissiivn • is M Tr come meeting in April. • Mr. White asked if the Commissioners wished to renew the subscription to the Planning Commissioner's Joumal. The consensus of the Commission was to renew the subscription. Commissioner GOKEY asked if there was a nation-wide proportional land use book which could be used for guidelines. Mr. White responded that he would look into this. Commissioner SNOW moved and Commissioner BRINKMAN seconded that the meeting be adjourned. The motion carried 9-0. The meeting was adjourned at 10:55 pm. 12M Janice Thompson, Chair Planning Commission Page 9 02/19/98 ACTION REQUESTED: Approval • annexations and zoning. LOCATION OF REQUEST: 11721 W. 62nd Avenue and 5220 Swadley Street in Jefferson Counil NAME & ADDRESS • APPLICANT(S): City of Wheat Ridge NAME & ADDRESS OF OWNER(S): Ronald and Shelly Beyer 11721 W. 52nd Avenue Irene Baker 6220 Swadley Street APPROXIMATE AREA: Combined total of 7.5 acres PRESENT ZONING: County Zoning SR-1 and AE PRESENT LAND USE: Single-family residential, landscape contractor, agricultur SURROUNDING ZONING: N: PUD-R, SR-1; S: R-2; E: PUD-1; W: PUD-R 0 9 . I NMYMTZK.Mrorni TOM= COMPREHENSIVE PLAN FOR THE AREA: Residential • to 4 dwelling units per acre or existing use W-WERN OTHER -------------- . .. . ...... met, therefore, there is jurisdiction to hoar this case. i I. REQUEST is is a i y-mi nexation anit = #In prit Wheat Ridge. There are three parcels of property being considered for annexation which are being zoned pursuant to Case Nos. WZ-98-4 and WZ-98-5. The annexation case numbers are ANX-98-1 and ANX-98-2. Case No. WZ-98-5 relates to property located at 5220 Swadley Street owned • Irene Baker. This property contains five acres and has two single family residences on the southern portion. The rear portion of the property is used agriculturally. Current zoning on the property is SR- I (Suburban Residential - One ) in Jefferson County. Please refer to Exhibit 'B' which is a survey of the property. ----------- • I 111 1111111 11111111 illill1i 11111�1111��p illilliq I I ME �ll�z • � ill i • 11 11 TOMMIE I I � ill ill +R Meredith Reckert - staff Shelley Beyer - (owner) It 721 West !x Ronald Beyer - (owner) 11721 West 52nd Aven Sam Martin - 5130 Tabor Street Grant Gordon - 5190 Tabor Street Bunny Gordon - 5190 Tabor Street Kenneth Hance - 118 5 5 West 5 2nd Avenue Mary Hance - 11855 West 52nd Avenue Bette Bushell - 5290 Tabor Street Planning Commission Page 2 ANX-98- I/WZ-98-4 Ken Pack - 10935 West 68th Avenue Jim Gallagher - 11797 West 54th Place Kathy Chiou - 5260 Tabor Street Richard O'Day - 5420 Tabor Street EMMM Staff has the following comments regarding the criteria used to evaluate a zone change or approval. I 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. Planning Commission Page 3 ANX-98-1 /WZ-98-4 ANX-98•2/WZ-98 -5 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. InneXaIT 7 - 777ning as control • development and usage of West 52nd Avenue. 4. 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 service agencies are currently serving the property. The requirement for public improvements on West 52nd Avenue and agency service facilities will have to • re-evaluated future development occurs. I 5. 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. MISMIP M- Al I 6. That the property cannot reasonably be developed under the existing zoning conditions. Any property annexed into the City needs zoning approval. The A-2 zoning is equivalent • the existing zoning in Jefferson County. Planning Conunission Page 4 ANX-98-1 /WZ-98-4 ANX-98-2 /Z -98-5 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The A-2 zoning will allow historical use of the property to continue to be used for residential and agricultural uses. There is other agricultural zoning and agricultural and residential uses in the area, therefore, spot zoning is not an issue. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is no void in services that the zoning approval will fill. The annexation will allow the Ci • have control of West 52nd Avenue. I 'r6n1 , T=JMZ7Fr7= LaTvs t es F - M contain crffe – r — la Yor review or an out state statute provides criteria for eligibility for armexations. These criteria are: Not less than one-sixth of the perimeter of the area is contiguous with the boundary of the annexing municipality. I? That a community of interest exists between the annexing area and the annexing municipality. The annexing area is urban or will be urban in the near future. 4. The annexing area is integrated with or capable of being integrated with the annexing municipality. 5. It is necessary and desirable to annex the property. e nat meenTUTne req oe a oasis V(7=74 compliance with these requirements, unless the governing body finds that at least two of the following are shown to exist:" I Less than 50% of the residents of the area to be annexed make use of part or all of the following facilities of the municipality: recreational, civic, social, religious, industrial, or commercial; or less than 25% of the area's adult residents are employed in the municipality. Planning Commission Page 5 ANX-98- I /WZ-98-4 ANX-98-2/WZ-98-5 2. One-half or more of the land to be annexed is agricultural. 3. It is not physically practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. IV. AGENCY REFERRALS Arvada Fire Protection District can service the property. Any future development will require re- evaluation for compliance with the Uniform Fire Code. Valley Water District is currently serving the property by a 6" water main in 52nd Avenue. A 30'right- of-way • at the very least, a non-exclusive easement must be retained in 52nd Avenue for current water lines and use. Any future development may require additional main lines, taps and fire hydrants. Public Works Department will not require any public improvements at this time. Future developme will be reassessed for all applicable development standards. I Planning Commission Page 6. ANX-98-1/WZ-98-4 ANX-98-21WZ-98-5 V. STAFF CONCLUSIONS Staff concludes that the annexations meet the state criteria for annexation eligibility, are logical extensions of the City's boundaries, the areas are able to be served by the City, and are in the best interest of the City. Annexation of the West 52nd Avenue right-of-way allows the City to gain control of this street to address concerns of the area residents about the impact ♦ traffic from adjacent development in Arvada. The requested zoning of the properties meets the City's criteria for rezoning. The requested A-2 zoning is appropriate for the existing uses of the property. No impacts from the rezonings are anticipated, however Staff recommends that the more intensive A-2 uses be eliminated (dog kennels, catteries, vet hospitals, the keeping • swine) from the list of allowed uses. ANNEXADQNS Option A: "I move that the request to annex property into the Wheat Ridge Corporate limits pursuant to Case Nos. ANX-•8-1 and ANX-98-2 for property located at 11721 W. 52nd Avenue and 5220 Swadley Street, be APPROVED for the following reasons: I Provisions be made in the annexation agreement that prohibit the extension of W. 52nd Avenue to the east." Vption B: "I move that the request to annex property into the Wheat Ridge Corporate limits pursu to Case Nos. ANX-98-1 and ANX-98-2 for property located at 11721 W. 52nd Avenue and 51-20 Swadley Street, be DENIED for the following reasons: I Planning Conimission Page 7 ANX-98-1/WZ-98-4 ANX-98-2f WZ-98-5 Option A: "I move that Case Nos. WZ-98-4 and WZ-98-5, a request to approve Agricultural -Two zoning on properties located at H 721 W. 52nd Avenue and 5220 Swadley Street, be APPROVED for the following reasons: proposed zoning is consistent with the City's rezoning criteri 2. It would allow the historical use of the properties to remain. 3. There would be no impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. I Delete dog kennels, catteries, vet hospitals and the keeping of swine from the list of allowed uses." Option B: "I move that Case Nos. WZ-98-4 and WZ-98-5, a request to approve Agricultural-Two zoning on properties located at 1 1721 W. 52nd Avenue and 5220 Swadley Street, be DENIED for the following reasons: 1. 2. 11 Planning Commission Page 8 AN - -1 /WZ-98-4 ANX-98-21WZ-98-5 a w u �� . ACTION REQUESTED: Approval • a resubdivision plat LOCATION OF REQUEST: 7605 W. 44th Avenue/4401 Wadsworth NAME & ADDRESS OF OWNER(S): V and M Rentals Public Service Company 7605 W. 44th Avenue Wheat Ridge, CO APPROXIMATE AREA: 2.86 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Vacant, Bar/Restaurant/Gas Regulator SURROUNDING SURROUNDING LAND USE: N: Commercial, High Density Residential; S: Commercial; E: Commercial, W: Commercial COMPREHENSIVE PLAN FOR THE AREA: Commercial Activity Center ---------- DATE PUBLISHED: February 13, 1998 DATE POSTED: February 1, 9989 OTHER 4 V R I 9i Q I!qj lg-N- - .*. The property Is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant requests approval of a resubdivision plat on property zoned Commercial-One located 7605 West 44th Avenue and 4401 Wadsworth Boulevard. The resubdivision is being requested so that the 2,826 acres at the northwest corner of West 44th Avenue and Wadsworth Boulevard can be redeveloped. Currently on the existing parcel I is a restaurant/bar and on existing parcel 4 is a gas regulator stat ' ion owned by Public Service Company. Buildings located on existing parcel 2 and existing parcel 3 were demolished in June • 1997. The resubdivision will allow the gas regulator facility to be relocated onto the north side of flzt property within new Lot 3. The existing building on Lot I will be demolished and new commercial buildings will • built on Lots I and 2. Right-of-way for both West 44th Avenue and Wadsworth is being dedicated by this plat. A blanket cross access easement has been provided allowing free movement through the drive aisles and parking areas on the property. All appropriate utility service easements have been provided. iili ill 111 1 � Il'! 11111 s • 111. AGENCY REFERRALS • #•�iiiiiiiiiiiiiiiiiiiiiiillillillill�illil:llllllllllllllllillillilillillill • HEM= Colorado Department • Transportation has approved the right-of-way width for dedication. access permit has been already approved. I Public Works has approved the drainage report and plan concept. They are working with the applicant to resolve public improvement requirements, Staff concludes that the resubdivision is required to allow redevelopment of the property. Staff further concludes that all requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given, Planning Commission Page 2 MS-98-1 V. RECOMMENDED MOTION Option A: "I move that Case No. MS-98- 1, a request for approval of a resubdivision plat on property located at 7605 West 44th Avenue and 4401 Wadsworth Boulevard, • APPROVED for the following reasons: required to allow the redevelopment of this property. 2. All requirements of Subdivision Regulations have been met." Option B: "I move that Case No. MS-98-1, a request for approval • a resubdivision plat on property located at 7605 West 44th Avenue and 4401 Wadsworth Boulevard, be DENIED for the following reasons: I Planning Commission Page 3 MS-98-1 r P. 1" 1 « 1 a` r , S « f,s P G' j , , HO "IMMIR M YAR O F Wtr - l L: \OPAWINGS \PLANNINGIQS \NW23 mrj YAR O F Wtr - l L: \OPAWINGS \PLANNINGIQS \NW23