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HomeMy WebLinkAbout03/19/1998Minutes of Meeting March 5,1998 Commission Members Absent: Tom Shockley (excused) Staff Members Present: Alan `white, Ping. & Dev. Director Meredith Reckert, Sr, Planner Ann Lazzeri, Minutes Specialist 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning public retained 1998. A set of these minutes is both in the office of « in the Department of Planning } Development of the City of Wheat Ridge. 4. APPROVAL • t e • • U o Planning Commission Page 1 03/05/98 9 21 im The minutes of the February 19, 1998, Wheat Ridge Planning Commission were presented for approval. III 1' 13 1 � F 1 11 1 �I I I�II I I I I I �� 1 111111 1 2) On page 9, the second paragraph should contain the words "Animal Control Commission" rather than "Agricultural Commission." It was moved by Commissioner GOKEY and seconded by Commissioner THEANDER to approve the minutes as amended. MA3 0 9 # M W4 K4 • W)II M riftl SHOCKLEY absent. • III I! Il � I I �� I lllli� A. Caam N% ANX-28-18YZ::98-4 and No. ANX--9a-2MZ-98-5 Application by the City of Wheat Ridge for approval of the annexation and zoning of three parcels located at 11721 West 52nd Avenue and 5220 Swadley Street within Jefferson County. Alan White stated that a defect had been discovered in the public notice procedures for these cases and, therefore, the Commission did not have jurisdiction to hear the cases. He requested that the Planning Commission continue the public hearings until March 19, 1•98, at 7:30 pm. He noted that the City Attorney had advised that no public testimony can be taken until that date, and apologized to those in attendance who came to hear these specific cases. Commissioner SNOW moved and Commissioner BRINKMAN seconded that Cases No. ANX- 98- 1 /WZ-98-4 and No. ANX-98-2/WZ-98-5 be continued until March 19, 1998, at 7:30 p.m. in the Council Chambers of the Wheat Ridge Municipal Building. Planning Commission Page 2 03/05/98 Upon a consensus of the Commission, Chair Thompson declared at recess at 7:45 pm. • MMENEW-M Following discussion by the Commission, Chair Thompson asked if there wereany individuals present who wished to address this matter. Brenda Godfrey, 410 17th Street, Suite #1705, Denver, CO 80220. Ms. Godfrey was sworn in by Chair Thompson. She stated that she was with HC Properties and offered to answer any questions on the subdivision plat. Following brief discussion, it was moved by Commissioner SNOW and seconded by Commissioner THEANDER 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, be approved for the following reasons: required to allow redevelopment of this property. 1 All requirements of the subdivision reguiations have been A With the following conditions: I The language of the cross easements is to be approved by the City Attorney. 2. The cross easements are to be separately recorded. The motion carried • a vote of 7-0, Commissioner Shockley absent. 8. CLOSE THE PUBLIC HEARING Chair Thompson declared the public hearing closed. A. Large Animal Regulations. In response to Commissioner Gokey, Chair Thomps replied that the large animal regulations were scheduled for the April l6th Planning Commission, and requested that staff supply background materials on this issue to the ne Planning Commission members. I Commission GOKEY asked if the staff could look into the possibility of implementing fly control measures in R- I and R-2 properties. Meredith Reckert commented that these measures would be more difficult to enforce than the manure clean-up measures. 71T - 6T7r= concem MITI norse ovIneFS 57 , 00 7 -7111"= pasture could lose the right to keep their animals under the general non-conforming use language, and asked the staff to address this matter before the next public hearing. She suggested that the Animal Control Commission also consider this issue. Planning Commission Page 4 0 )/05/98 B. Minutes. Commissioner SNOW asked if the original minutes are actually corrected when amendments are made. Discussion followed and a consensus was reached that one copy of the corrected minutes will be available at the following Planning Commission meeting. C. Jensen Property. Chair THOMPSON asked for an update from staff on the Jensen property-, A. Dog Kennels. Chair THOMPSON expressed concern about dog kennels being allowe4 B. Wind Powered Generators. Chair THOMPSON requested that staff look into the uss of wind powered generators in residential districts before a problem develops. She referred to an article she read that encouraged people to place these generators in residential neighborhoods and wondered if they would be allowed in residential neighborhoods if they were the only energy source for a home, WI Chair THOMPSON stated that she would check into state and federal government regulatiorn for wind powered generators and, also, that she would make copies ♦ the article for membe ♦ the Commission and staff. D. Temporary Use Permit for Chesrown Automotive Group. In response to an inquiry from Commissioner BRINKMAN, Alan White reviewed the results ♦ the February 26, 1•98, Board of Adjustment public hearing regarding the Temporary Use Permit for Chesrown Automotive Group, E. Counseling Clinic at 4243 Harlan Street. In response to an inquiry from Commissioner SNOW, Alan White reviewed the results of the February 26, 1998, Board of Adjustment public hearing regarding the counseling clinic at 4243 Harlan. F. Playground Construction. Commissioner DUNN inquired as to the status of the playground being constructed on 36th Avenue. Commissioner BRINKMAN advised that City Council had recently approved funding for,this tot lot. She did not believe there would be lighting in the park. *1!• The motion carried by a vote • 7-0. ratilartm- IM." no WIN • Janice Thompson, Chair Planning Commission Page 6 03/05/98 • ••* T©: Planning Commission DATE OF MEETING: March 19, 1998 DATE PREPARED: March 12, 9998 CASE. NQ. & NAME. ANX- 98- 1IWZM98 -4 CASE MANAGER. Alan White ANX- 98- 21WZ -98 -5 SURROUNDING t Density COMPREHENSIVE PLAN FOR THE AREA: Residential up to 4 dwelling units per acre or existing use DATE PUBLISHED: February 13, .; and March 13, ... DATE POSTED: February 1, 1998 DATED LEGAL NOTICES SENT: January 21, 1998 and March 4, 1998 ENTER INTO? RE CORD' (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (} SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS Case No. WZ-98-5 relates to property located at 5220 Swadley Street owned by 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 A-2 (Agricultural-Two) in Jefferson County. Please refer to Exhibit 'B' which is a survey of the property. i ii MSMmars nin W 1 1 11� I . t Planning Commission Page 2 ANX-98-1 /WZ-98-4 ANX-98-2/WZ-98-5 III. CRITERIA FOR EVALUATION Staff has the following comments regarding the criteria used to evaluate a zone change or approval, Planning Commission Page ANX -98- I l-9 -4 ANX- 98- /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. I here at benetits as a resuff annexation ana rezoning as LOZ 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 be re-evaluated if future development occurs. 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. OF 1 11 1 1 1 1 1 4 1 1 , FRFMFII�g Imill I Any property annexed into the City needs zoning approval. The A-2 zoning is equivalent to the existing zoning in Jefferson County. Planning Commission Page 4 ANX-98-1/WZ-98-4 ANX-98-2/WZ-98-5 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or 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 requi re- evaluation for compliance with the Uniform Fire Code. The District requests an emergency access be provided through the 52nd Avenue right-of-way to access the adjacent Arvada development. 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 development will be reassessed for all applicable development standards. Planning Commission Page 6 ANX-98-1/WZ-98-4 ANX-98-2I WZ-98-5 The areas are shown in the City of Arvada's growth area. Arvada is not opposed to the annexations the following conditions are required: I I Maintain the 52nd Avenue right-of-way for emergency access to the adjacent Arvada development. For a future permanent connection, require a dedication of 70 feaof right of-way (additional 40 feet to that being required). 2. Future development should respect the Arvada Comprehensive Plan designation of suburban for this area. I Staff concludes that the ailnexations meet the state criteria for annexation eligibility, are logical extensions of the City's boundaries, 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 ♦ 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 • allowed uses. VI. RECOMMENDED MOTIONS ANNEXATI-QNS Option A: "I move to recommend to tile City Council that the request to annex property into the Wheat Ridge Corporate limits pursuant to Case Nos, ANX-98-1 and ANX-98-2 for property located at 11721 W. 52nd Avenue and 5220 Swadley Street, be APPROVED for the following reasons: Planning Commission Page 7 AN -98- I/WZ-98-4 ANX-98•2/WZ-98 -5 I. Provisions be made in the annexation agreement that prohibit the extension of W. 52nd Avenue to the east." *ption B: "I move to recommend to the City Council that the request to annex property into the — Wheat Ridge Corporate limits pursuant to Case Nos. ANX-98-1 and ANX-98-2 for property located at 11721 W. 52nd Avenue and 5220 Swadley Street, be DENIED for the following reasons: I. 2. 11 Option A: "I move to recommend to the City Council that Case Nos. WZ-984 and WZ-98-5, a reque" • approve Agricultural-Two zoning • properties located at 11721 W. 52nd Avenue and 5220 Swadl Street, be APPROVED for the following reasons: I I . The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the historical use • the properties to remain. 1 There would be no impacts as a result • the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following condition: I Delete dog kennels, catteries, vet hospitals and the keeping of swine from the list of allowed uses." Option B: "I move to recommend to the City Council that Case Nos. WZ-98-4 and WZ-98-5, a request to approve Agricultural-Two zoning • properties located at 11721 W. 52nd Avenue and 5220 Swadley Street, • DENIED for the following reasons: I. 2. 11 dAfi1cs\wp\perts\anncxcs.wpd Planning Commission Page 8, ANX-98-1/WZ-98-4 ANX-98-21WZ-98-5 EM I I 13 C a: � \ Wftm y TO: Planning Commission FROM Bill Cassel, City Forester 4 4 ♦ � Issue #I - What trees do we target for 4 Recommendations fr 4 4 Boar are any `. over diameter be tag ged for Pre servati o n, i dent ifi cat i on 4 '.4 be sh own on p lan. Issue #2 - Should there be a list of non-desirable trees? at this time. We believe that all trees add something to the environment. If a tree is doing poorly, it will show in the condition rating. Issue #3 - How do we determine what trees are worth saving? Any tree on the above site plan would be eligible for saving. Only trees determined to be dead, dying, infested or diseased could be noted and removed from the plan. Trees located in the foot print of the building (both roots ,t.> crown) must be protected during construction. Issue #5 - What species to replace? - Landscape Design plan as currently reqwred in code would identify tree species, We would not necessarily allow the replanting of the same species, removed. Issue #7 - Who will inspect the plans, site, etc.? - The off ice of the City Forester will handle all horticulture decisions with the proposed ordinance. In next sTep is ro-IMIT, L to the City Attorney. I am currently working with Alan White and Meredith Reckerk on this. As part of the development review process, we have been inspecting sites for the past year and one half to see how this type of ordinance would impact developers. the heritap-% of Wheat Ridge as a Tree City U.S.A. This ordinance will assure or planned development will meet these guidelines.