HomeMy WebLinkAbout11/05/1998AGENDA
CITY OF WHEAT RIDGE PLANNING COMMISSION
November 5, 1998
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on November 5, 1998, at 7:30 p.m., City Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
1.
CALL THE MEETING TO ORDER
2.
ROLL CALL OF MEMBERS
3.
PLEDGE OF ALLEGIANCE
4.
APPIZOV Lea THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5.
APPROVAL OF MINUTES - October 1, 1998
October 15, 1998
6.
PUBLIC FORI-1M (This is the time for any pet-son to speak on any subJect not appearing on
the agenda. Public comments may be limited to 3 minutes.)
7.
PUBLIC 14EARING
A. Case No. W1. 98 -t17. Ail application filed by the City of Wheat Ridge to amend the
zoning, ofmost existing lZesidential-Three (R.-3) properties to Residential-One B and
Residential-One C, Properties are approximately bounded by Miller Court to the East. W,
4I" Avenue/Place to the North, Parfet Street to the West, and West 38" Avenue/Place to
tile SOUlh.
8.
CLOSE THE PUIBLIC HEARING
9.
011) BUISINESS
10.
N 1 AN! BUISINUI'SS
11.
DISCUSSION ITEM
12.
commiTTEE AND DEPARTMENT REPORTS
I
13. ADJOU 'RNMENT to November 19, 1998 at 7:30 p.m. in the Council Chambers
C Barbara, I( RN S N ANOCON I AVAOFIN D A 1 ,9811 0S wpkt
October 1, 1998
1, CALL THE MEETING • ORDER: The meeting was called to order by Chair
THOMPSON at 7:30 p.m. on October 1, 1998, in the Council Chairibers • the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
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Commission Members Present:
Ann Brinkman
Dean Gokey
Tom Shockley
mps
Janice Tho I
Commission Members Absent:
Staff Members Present:
3. PLEDGE OF ALLEGIANCE
Jerry Collins (Excused)
Jim Dunn
Nancy Snow (Excused)
Sean McCartney, Planner
Meredith Reckert, Sr. Planner
Ann Lazzeri, Minutes Specialist
The following is the official set of Planning Commission minutes for the public hearing of October
1, 1998, 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.
Chair THOMPSON requested discussion of Planning Commission Chair appointment under
"New Business,"
Commissioner GO KEY requested discussion of privately owned schools under "Old
Business,"
Meredith Reckert requested an item to be added under "Discussion Items,"
Planning" Commission Page I
10/01/98
It was moved by Commissioner GOKEY and seconded by Commissioner SHOCKLEY that
the agenda be approved as amended. The motion carried by a vote of 5-0 with
I I
Commissioners COLLINS, DUNN and SNOW absent.
5. APPROVAL OF MINUTES
Commissioner MacDOUGALL moved and Commissioner GOKEY seconded to approve the
minutes as presented.
The motion passed by a vote of 4-0, with Commissioners COLLINS, DUNN, and SNOW
absent and Commissioner SHOCKLEY abstaining.
6. PUBLIC FORUM
There was no one signed up to speak before the Commission.
7. PUBLIC HEARING
A. Case No.WV-98-04: An application submitted by Russ and Jan Anderson for approval of a
vacation of unused public right-of-way for a portion of Marshall Street for the purpose of
maintaining the area. The area is zoned A- I and C- I and located adjacent to 6465 West 48th
Avenue (north of 1-70).
This case was presented by Sean McCartney. He reviewed the staff report and presented
slides and overheads of the subject property and advised that there was jurisdiction for the
Commission to hear the case. He entered the comprehensive plan. zoning ordinance.
Subdivision regulations, case file, packet materials and exhibits into the record which were
accepted by Chair THOMPSON. He stated that this case had previously been approved by
the Planning Commission on November 20, 1997 and then denied by City Council on the
basis that the right-of-way Could be used for future development and might be needed to
access those possible developments. He stated staffs opinion that, since this right-of-way
has never been improved and there are no plans for future use. it is unlikely to be developed
in the future. He stated stafrs conclusion that, because this portion Of public right-of-way
has not been used as a street nor does it provide access to an adjacent parcel since it serves
no other purpose than a utility casement for the existing Public Service power poles, the
proposed vacation Should be approved as requested.
Commissioner BRINKMAN asked if this application satisfies the previous concerns of City
Council. Mr. McCartney replied this application will answer the City Council's concerns in
that the original request dealt with three existing billboards which have since been removed
and the right-of-way remains vacant.
Commissioner BRINKMAN asked if there were feasible alternatives for use of this land.
Mr. McCartney replied that no additional structures could be placed in that area.
Plannin- Commission
Page 2
In response to a question from Commissioner MacDOUGALL, Mr. McCartney replied that
Disabled American Veterans owns the one property to the west.
In response to a question from Chair THOMPSON, Mr. McCartney stated that all issues
with Jefferson County have been satisfied.
John Bradley
2201 Ford Street, Golden
Mr. Bradley was sworn in by Chair THOMPSON. He stated that he is an attorney
representing the applicants. He stated that tile previous concerns of City Council have been
addressed, and that there have been no protests or concerns expressed by the neighborhood.
He stated that the applicants were looking forward to the privilege and responsibility of
maintaining the subject property in order to improve the overall condition of the
neioliborhood.
Chair THOMPSON asked if there were any other individuals present who wished to address
this matter. There was no response.
It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY that
Case No. WV-98-04, an application for approval of a right-of-way vacation of an unused
portion of Marshall Street (approximately 6465 West 48th Avenue) be recommended to the
City Council for APPROVAL for the following reasons:
1. The property is, and has always been, unused for street or access purposes.
The Director of Public Works finds that there is no other need for the property other
than as utility easement for Public Service.
3. The request will not hinder the future improvements established oil the Wheat Ridt
Comprehensive Plan.
4, Staff recommends approval.
The motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW
absent.
B. Case No. MS-98-05: An application submitted by C. B. Euser for approval of a minor two-
lot subdivision as well as a maximum building covet-age variance and front, side and rear
yard setback variances for the purpose of selling one lot. The property is zoned R-2 and
located at 6745 West 32nd Avenue,
This case was presented by Sean McCartney, Fie reviewed the staff report and presented
slides and overheads of the Subject property and advised that there was jurisdiction for the
Commission to hear the case. He entered tile zoning ordinance, Subdivision regulations,
case tile. packet materials and exhibits into the record which were accepted by Chair
"IT10MI"SON, He stated staff's conclusion that a subdivision is required to allow tile sale
of individual structures as well as to review the proposal in regard to development
Plannin- Coniiiiission P
101"01/98
regulations for the R-2 zone district and, further, that approval of the variances are required
to allow the subdivision to occur. He stated that staff recommended approval in that the
request would not change the physical attributes of existing structures which have remained
on-site for a number of years, and would not be detrimental to the Surrounding
neighborhood.
Commissioner BRINKMAN asked for clarification regarding concerns of the Wheat Ridge
Sanitation District relating to a sewer easement. Mr. McCartney replied that there is an
existing sewer line on the property and that the easement could be established on the plat
before recordation.,
Chair THOMPSON asked if the proposed variance would apply to future buildings if the
present buildings were to be destroyed. Mr. McCartney replied that Gerald Dahl, City
Attorney. advised that the Commission could place conditions on tile approval which would
establish the variances for existing structures only. Ms. Reckert stated that ' Dahl had
also suggested a condition which would provide that any change of use for the current
greenhouse structure would have to comply with current regulations.
Glen Chile-"
8684 West Warren Drive, Lakewood
Mi% Gidley was sworn in by Chair THOMPSON. Vie stated that he is with the firm of
Zoning and Planning Associates, representing tile applicant in this case. He stated that the
present lot lines are nonconforming rather than illegal in that the lot lines were established
long before the City of Wheat Ridge was incorporated. In regard to staff su(Igestions for a
tire rated wall to be retrofitted into the greenhouse, lie stated that this requirement would not
lit With the purpose of a greenhouse and, therefore, the owner would not be agreeable to this
condition. , He also stated that the applicant would prefer not to move the lot lines in by three
feet, He ret'erred to his memorandum dated September 21, 1998, to tile Planning
Commission (which is contained in the packet) and requested approval of the application.
In response to a question fi - orn Commissioner GOKE Mr. Gidley replied that the present
greenhouse has been in use year-around since 1959.
Commissioner BRINK MAN referred to tile rcqLICSt for fire rated walls in the greenhouse and
asked if the applicant would rather move the lot lines or install the fire rated walls, Mr.
Gidley replied that the applicant would be more agreeable to the lot title adjustment;
however, this would require a variance to the west setback and increase the variance on the
north side but Would have no other negative effect oil the applicant.
In response to a question from Chair THOMPSON regarding the purpose of the fire wall,
Ms. Reckert replied that it was the opinion of the City's building official that a fire wall was
necessary. She suggested that a lot line adjustment and a variance to the rear setback would
probably be the most desirable solution,
1 Commission Page 4
10,'01.'98
III response to a question from Chair THOMPSON, Mr. Gidley replied that the applicant
understood all of the issues related to nonconforming uses,
Chair THOMPSON expressed concern that tile greenhouse could be used for another
purpose such as storage some time in the future. Ms. Reckert stated that she believed the
intent of the code applied to an operating greenhouse-. however, there was the option to place
this as a condition of approval.
Steve Lister
15320 Great Rock Road, Brighton
N/Ir. Lister was sworn in by Chair THOMPSON, He stated that lie performed the surveys
and prepared the drawings for the application. He stated that lie could not understand how
the applicant could comply with Public Service Company's setback requests given the
Configuration of the area. Ms. Reckert replied that the Public Service Company letter
contained their standard language used for any subdivision. Since the buildings are already
in place, she felt it .vould be possible to modify tile language which could also be placed as a
condition of approval.
Commissioner MacDOUGALL referred to the three-foot section on the south side of lot one,
and asked the status of the mechanical equipment, Mr. McCartney referred to Ms. Reckert's
Concern that this Could cause the mechanical equipment to actually extend over the property
line and, therefore, a three-foot property line adjustment would be desirable to allow for the
extension of the mechanical equipment.
Commissioner MacDOUGALL asked ifUBC requirements would be met ifthe lot line were
moved three feet to the south. Mr. McCartney replied that situation Would meet UBC
requirements,
[it response to a question from Chair THOMPSON in regard to the necessity of the second
tire rated wall, Mr. McCartney replied that a requirement Could be made for a variance to
allow for the required space between tile greenhouse and the residential structure. Mr.
Gidley noted that the greenhouse is currently two feet from the lot line and therefore would
require only a one-foot variance. Chair THOMPSON asked Mn Gidley if his applicant
would be aoreeable to these conditions, Mr. Gidley replied that his client reluctantly agreed,
It was moved by Commissioner BRINKMAN and seconded by Commissioner GOKEY that
Case No. MS-98-5, a request for approval of 126% maximum building coverage variance
f'()r tile greenhouse known as lot one, a 27-foot fi yard setback variance for tile
greenhouse known as lot one, a 2-foot side yard setback variance for the greenhouse known
as lot one; as 20-foot side yard setback variance when abutting a public right -of-way for the
greenhouse known as lot one. a 5-foot rear yard setback variance for the single family
residence kno-vvii as lot two, and a I 46ot side yard setback variance for tile single family
residence known as lot two, for property zoned Residential-T and located at 6745 West
)2nd Avenue be approved for the following, reasons:
Planning Commission gage 5
10/01 /98
Approval of the variance request will not change the physical attributes of the
existing Structures.
Approval of the request should not be detrimental to adjacent properties or
improvements.
3, Approval of the request should not be detrimental to the essential character of the
locality.
With the following conditions:
I Any change in use of lot one would have to comply with current regulations,
If fifty percent of any existing structures on either lot one or lot two are destroyed,
the new structures would have to comply with current regulations.
`File motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW
absent.
It was moved by Commissioner BRINKMAN and seconded by Commissioner GOKEY that
Case No. MS-98-5, a request for approval of a two-lot minor subdivision on property. zoned
Residential -I and located at 6745 West 32nd Avenue, be APPROVED for the following
reasons:
I . A Subdivision is required to allow for individual ownership of the existing lots.
1 All requirements of the Subdivision Regulations have been met.
Willi the f*ollo�vin conditions:
1. Public Service Company language be modified by planning staffand included on the
Subdivision plat.
E'asement directed by the Wheat Ridge Sanitation District be shown on the
subdivision plat.
I motion carried by a vote of 5-0 with Commissioners COLLINS, DUNK and SNOW
absent,
8. CLOSE rl1E PUBLIC HEARING
Chait - I'l IOMPSON declared the public hearing portion of the meeting closed.
9. OLD BUSINESS
A. Privately Funded Schools Commissioner GOKEY referred to the upcoming ballot issue
regarding tile voucher system for private schools. I le expressed concern regarding the lack
of c ontrol by the City of Wheat Ridge in regard to privately owned schools which are funded
by the State being developed within the City ol'Wheat Ridge. [le stated that while the
Plannin" Commission Page 6
10/0 1
schools have definite impacts on the neighborhoods, the City has no control over building
permits, traffic studies. etc. He stated that if the property is owned by tile state, it is exempt
fi City regulations; but if it is privately owned property, it should fall under tile same
criteria as other privately owned property in the City of Wheat Ridge.
B. Comorehensive Plan In response to a question frorn Commissioner BRINKMAN,
Meredith Reckert presented a brief update on the status of tile Comprehensive Plan.
10. NEW BUSINESS
A. Annointment of Planning Commission Chair THOMPSON suggested that the new Chair
be elected the meeting before the appointment to give that person some time to prepare for
the position. Ms. Reckert replied that she would take this matter before staff for discussion.
13. Bus Ston at 44th and Wat-d Road Chair TI- OMPSON requested that the bus Stop located
in front of the Total gas station at 44th and Ward be relocated to as less hazardous location.
�Mr. McCartney replied that staff Would initiate this matter with the Regional Transportation
District.
C. Vehicle Sales - In response to a question from Chair THOMPSON, Ms. Reckert presented a
briet'update oil tile proposed ordinance to ban private - vehicle sales in places such as vacant
lots.
1). Conference in Estes Park In response to as question from Commissioner BRINKMAN,
Commissioner GOKEY presented a brief summary of the conference.
It. DISCUSSION ITEMS
A. Plannin'! Commission Study Session Ms. Reckert distributed a memorandum concerning
the study session to be held oil October 15 with the City Attorney to discuss the scope of
authority and appropriate decision making during tile public licaring process. She asked
Commission members to contact tier if the had additional comments or s gestions in
regard to discussion items. It was tile consensus of the Commission to start the study
session at 6:30 p.m,
12. COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
Plannin- Commission Page 7
1 0, 19 b
13. ADJOURNMENT
It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY to
adjOUrn the meeting at 9: 10 a.m.
Janice 'rhompson, Chair
Ann Lazzeri, Recording Secretary
C 11mb,mi P(AW1 S PLAN(WOM 981001.4yd
1 1 11,11111in" Commission Page 8
10/01/98
CITY OF WHEAT RIDGE PLANNING COMMISSION
Study Session Notes
October 15, 1998
6:30 p.m.
Commission Members Present: Ann Brinkman
Staff Members Present: Gerald Dahl, City Attorney
Kelly Elefant
Alan White, Director of Planning & Development
Meredith Reckert, Sr. Planner
Ann Lazzeri, Minutes Specialist
Gerald Dahl reviewed his memorandum regarding various areas of the Planning Commission's
jurisdiction.
Commissioner SNOW asked Mr. Dahl to address covenants. Mr. Dahl explained that covenants are
usually more restrictive than local land use regulations in regard to setbacks, etc. If conflict
happens between covenant and local regulations, individuals have one year to bring suit to enforce
the private covenant. Local governments do not have j urisdi ction to enforce private covenants with
the exception of'certain land USeS Which are governed by the State Such as the Air and Water
Quality Control, etc,
Mr. Dahl Outlined standard land use regulatory tools. In regard to planning, he noted that the City's
zoning map controls use Of the property and that the master plan is merely an advisory plan.
Z�
Mr. Dahl discussed quasi judicial issues statin that amendments to the zoning map are quasi-
. judicial. He advised the Commission that if a single piece of property is being considered and there
has been notice Of public hearing, the applicant cannot lobby Commission members because all of
the individuals who may be affected are not present. He advised, however, that lobbying can take
place regarding ordinances changing the zoning code or the comprehensive plan, Fie stated that
quasi judicial matters are governed by infiormal rules of evidence and hearsay evidence can be
submitted where Commission members are allowed to consider the believability of testimony.
PlanninL Commission Steely Session Pal 1
10/15/98 9
Con BRINKMAN asked Mr. Dahl to address the matter of Commission members talking
among themselves during hearings. He replied that if the dialogue is something the other members
should hear, the applicant deserves to hear those comments because, otherwise, the applicant is
denied the right to hear all of the opinions.
Commissioner GOKEY asked if it we ' re permissible to talk to another Commission member for
clarification—for example, to ask a member to explain something that has occurred in the past. Mr.
Dahl replied that �vhile there can be some background conversation, questions such as these could
be asked as part of the hearing. He discouraged the Commission members from talking among
themselves during hearings,
Z:1
Mr. Dail] discussed ex parse contact as contained in his memorandum. He advised the Commission
to do whatever it takes to avoid such contacts and to encourage citizens to wait until tile public
hearing to make their comments. He suggested that Commissioners could tell individuals that the
city attorney has advised it is improper for a Commissioner to talk about the case before the public
hearing. He also suggested that Commissioners can explain that if the) discuss a matter before the
public hearing, they might have to step down and refi from voting, and that this would defeat the
purpose of improperly lobbying a Commissioner. He emphasized the importance of giving the
applicant and other members of the public the right to have their comments heard as part of the
public hearing process. He also advised Commission members against acceptint", gifts,
Commissioner TFIONNIPSON asked what procedures should be followed if an applicant or his
representative makes a statement of fact, but does not have evidence to back it up. Mr. Dahl replied
that testimony should be taken from everyone who wished to speak at the hearing and then a motion
made to Continue tile hearing for the purpose of obtaining more information. He noted that the
Commission call invite, but cannot compel the evidence to be produced. Another avenue would be
to recommend denial in that the final decision is made by City Council in most cases. He stated that
raising certain concerns provides a service to tile City Council.
Commissioner GOKEY asked if approval Could be given conditioned upon prool'of ownership and
if It Would be appropriate to take a break to determine with other Commission members ho to set
Such conditions. Mr. Dahl replied that approval call be given with conditions-, however, taking a
I
break to discuss those conditions would not present a good public perception. He cautioned the
Commissioners that the meeting cannot be continued during a break.
Commissioner BRINKMAN asked if the Commission Should require proof (such as a power of
attorney to speak on the behalf of someone else) from people giving testimony. Mr. Dahl replied
that if there are real doubts about testimony from an applicant, the case can be continued. However,
if it is a member of the public, it goes to the issue of believability and proof should not be required.
t�
In response to a question from Commissioner GOKEY regarding a situation where an individual
claims to be representing as large number of people, Mr. Dahl replied that decisions shouldn't be
based on the number of people-that the Planning Commission is not all "applaLlsorneter," He
reminded tile Commissioners that they are appointed and elected officials and are to exercise
independent thOUI'Jlt.
Pkinning Commission Study Session Pa-e 2
10/1 i19s
Commissioner COLLINS asked Mr. Dahl to address the necessity of providing drainage plans to the
Commission. Mr. Dahl explained that there will be some applications - 'vilere the drainage
requirements are minimal or not required as a submittal document and the applicant would have the
right to a hearing. However, if the Commission has serious concerns, the case can be continued or
denied oil the basis that the drainage plans were not available.
Commissioner SNOW commented that cases have been approved in the past \vhich were
conditioned upon submittal of a drainage plan. Mr. Dahl explained that this is permissible. lie
cautioned the Commissioners to resist the temptation to fill in regulatory gaps on the spot. 11"the
reoUlations do not exist and the Commission feels they should exist, then a process for rewriting the
regulations should be initiated.
I
Commissioner SNOW asked if it would be advisable to change the zoning ordinance to give the
Commission the ability to require a site plan with any rezoning. Mr. Dahl replied that this would be
Lip to the Commission's discretion. Ms. Reckert commented that the only place this can currently
be required is in a master plan area or in a planned development.
In response to a question from Commissioner THOMPSON, Mr. Dahl stated that the Planning
ZZ
Commission can best serve the City Council by making sure their recommendations are very
detailed.
Mr. Dahl addressed contract zoning and cautioned the Planning Commission against requiring
conditions that are not in the regulations. He stated that he would like to see ordinances initiated
that could clean Lip some areas in this regard.
In regard to "takings ", Mr. Dahl stated that just because there is a mechanism in place for rezonings,
there is no entitlement to a rezone.
Alan White: Exactions and conditions. The two things we need to be concerned about are:
I, ROLIUll proportionality.
2. impacts associated with the project.
I Commission needs to be careful that conditions (exactions) on an approval are directly related
to the impact of the development. This is sometimes called the "rough proportionality" test.
Mr. Dahl replied that ease law is evolving in Such matters. As an example, he stated that the
Planning Commission Could require a business on Wadsworth to install a sidewalk even though
there are no sidewalks on either side as part of a long-range goal for the entire area to have
sidewalks.
Mr. Dahl addressed the issues of conflict of interest. He advised that even though there is no
monetary gain involved and there Is a legal right to vote, a Commissioner may wish to step down
and refrain from voting oil a matter to simply avoid the appearance of anything improper. He
Mallflill" C0111111kSi011 StUdv Session
I (Y 15/98
commented further that if, at some point, a Commissioner has a strong bias and knows that he or she
might harm the process. the Commissioner should act accordingly.
In response to a question from Comillissioner SHOCKLEY, Mr, Dahl replied that personal
decisions have to be made regarding whether you are a Planning Commission member or an activist
in a certain Situation. He also reminded the Commissioners that Navin- the ability to vote on the
Commission is more powerful than speaking as a private citizen on a matter.
Commissioner THOMPSON asked if it Would be advisable f6r a Planning Commissioner to speak
to the City Council in a public hearing. Mr. Dahl replied that ten percent of the Planning
Commission cases heard at City Council come back to the Planning Commission. He advised that it
would be %,vise to withhold public comment until City Council has made a final decision on a matter.
Commission SNOW commented that the commission has the right to a minority report.
Commissioner THONIPSON asked if a Commissioner could appear before the Board of
AdJustrilent. Mr. Dahl replied that it IWOUld be permissible if it were a case which would not come
before the Planning Commission; however lie cautioned against any activity which Could erode the
poi \er of the Planning Commission.
Commissioner BRINKMAN asked what procedures to follow if contacted by the press, Mr. Dahl
advised that it is Okay to speak with members of the press after City Council has decided a case,
however. Commissioners should not respond to questions from the press before a final decision has
been made oil as matter.
I%fi% Dahl re� the memorandum from Meredith Reckert which was contained in the study
session packet.
In response to a question froni Commissioner SNOW regarding variances, Mr. Dahl replied that
Variances or waivers of variance need to be in accordance With public hearing notices oil a matter.
Alan White asked ifa variance Could be approved if it were requested by the Planning Commission
dUrilh,' the process of hearing a matter. Mr, Dahl replied that he wouldn t recommend it unless the
Variance \\"as included its part of the public notice oil the matter.
Meredith Reckert asked what the procedure should be if it became apparent at the time Of public
hearing that as variance was required. Mr. Dahl replied that there will be exceptions and that one
option is to let tile City Council consider tile variance at its hearing
lkIr. Dahl reminded tile Commission that the fact that the Planning Commission has required
something in the past does not constitute the setting of a precedent. He stated that it is a
misconception that re7onings or conditions made in the past Constitute a precedent. He stated the
Planning Commissions role is to make decisions based on the code, and if the code does not
provide for certain conditions, those conditions Should not be granted.
P111111ill" COIIIIIIkSi011 StUdy Session Noe 4
10 1 8
Commissioner SNOW asked if there were provisions for a variance to be created by City Council
without there being all application for variance. Mr. Dahl replied that it is necessary to have public
notice. Commissioner SNOW asked if the Commission Could recommend denial and ask the
applicant to come back with a request for a variance. Mr. Dahl replied that it would be okay to ask
the applicant to come back for another process.
Commissioner GOKEY asked what procedure to follow if an applicant presents a plan (such as
additional landscaping, etc.) as a selling point for his application, but the Commission feels he has
no intention of completing the plan. He asked if tile Commission had the right to approve the
application conditioned upon the completion of the landscaping, etc. Mr. Dahl replied that it is not
appropriate to place any conditions that are not required by code unless volunteered by an applicant.
Ile also stated that the commission could make a condition that the plan presented be completed
before a certificate of occupancy is issued. (I must have missed something here. This seems to be
contradictory.)
Nir. Dahl advised that tile Commission has the ri(,Iht to grant a lesser variance, but can never grant a
{greater variance than requested.
Nleredith Reckert asked if an applicant can build a larger structure that requested as long as they
comply with tile approved setback. Mr. Dahl replied that the size of' the building could be placed as
as condition of approval of the variance.
In regard to example no. 4 in Meredith Reckert's memorandum where a condition of variance
approval is not by the recognized zoning code, N11t. Dahl replied that there is no entitlement to the
oralitill" of' all exception and thereflore, the answer to the question would be yes.
N Dahl stated that. in regard to example no. 6, where no neighborhood opposition has been
voiced, the Plannim- Commission has the right to raise SLIC11 concerns and that it also desirable to get
the ileioliborhood in\olved ill Such issues.
I-
In regard to example no. 7, where a setback variance is granted, call future expansions be allowed in
line with the varied setback, Mr. Dahl stated that the answer would be yes if the variance doesn't
specifically speak to the iSSLIC,
Tile study session adjourned at 9:45 p.m.
Ann Lazzeri, Recording Secretary
Janice Thompson. Chair
C
1 Commission Study Session Pate 5
10 "15 vi
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OFINIEETING: November 5,1998 DATE PREPARED: October 29, 2998
CASE NO. & NAME: WZ-98-07/Mass Rezoning CASE INIANAGER: e NL Reckert
Rezoning;
ACTION REQUESTED: Rezone from R-3 and A-1 to R-IC and R-IB
LOCATION OF REQUEST: General area bounded by West Miller Court, West
41" Avenue/Place, Parfet Street and West 38
Avenue/Place.
NA.NIE & ADDRESS OF APPLICANT(S):
NA.N'IE & ADDRESS OF OWNER(S):
-------------------------------------------------
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
City of Wheat Ridge
L"
See Attached
+ 31 acres
Residential-Three (R-3) and Agricultural -One (A-1)
Vacant and sin-le-familv dwellings and fire station
SURROUNDING ZONING:
SURROUNDING LAND USE:
CO.NIPREHENSIVE PLAN FOR THE AREA:
------------------------------------------------------
1) A T E' PI "� 11 L I S 1 - 1 ED:
DAIT POSTED:
Various
Various
Single - family detached (not to exceed 9 dlrcllin(y
units per acre).
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October 16, 1998
October 22, 1998
D...kTED LEGAL NOTICES SENT: October 13, 1998
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INTO RECORD: --- ---
(XX) COMPREIIENSIVE PLAN (XX) CASE FILE& PACKET MATERIALS
(XX) ZONING ORDINANCE SLIDES
SUBDIVISION REGULATIONS (X) EA11113ITS
(XX) OTHER
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JURISDICTION:
'I'lle gat is within the City of Wheat Ridge. and all notification and posting requi•ements have becil met.
lhei diei•c isjut to hear this case,
I. REQUEST
Descriotion of Protiosal
This is a City-initiated proposal to rezone a large area of the City from Residential -Three (R-3) and
Agricultural -Cane (A- I) to Residential-One B (R- I B) and Residential -One C (R- I C). City Council
initiated this rezoning process by adoption of Resolution No. 1678.
`File stated objectives of this rezoning proposal are:
I To preserve and protect predominately low density residential character of the neighborhood.
I To recognize and exclude existing developed high-density residential uses.
3. To rezone to bring the area into conformance with the Comprehensive Plan, which shows single-
family detached (not to exceed nine (9) dwelling units per acre).
4 To rezone to R- I B or_R- I C single-family uses and vacant properties based on individual lot
sizes.
Findinu of Fact
I The area proposed for rezoninct exceeds ten acres.
Z7
I The number of ownership parcels exceeds ten.
3. The Comprehensive Plan Future Land Use for all properties proposed for rezoning is single-
family detached (nine (9) dwelling units per acre).
4. No existing current multi - family dwelling properties are included in the rezone area'.
5, Single-family dwelling and vacant properties have been included oil Exhibit C for rezoning to R-
11.3 or lz- I C.
6. Properties zoned Agricultural -One (A- I) have been deemed exempt " desired by the
property owner,
7. Tile institutional use (fire station) has been included on Exhibit C for rezoning to R- I C
Public Resi)oiise
Public meetings were held oil September 15, 1998, and October 13. 1998, Both meetings were held at
the Glory of God Lutheran Church located at 12200 W. 38" Avenue. Notices were sent out in advance
of both meetin0s.
On September 15, 1998, five persons attended and all of them were in favor of the rezoning. One couple
and one individual owned two of the A-1 zoned lots and were in favor of keeping their property zoned
The second meeting held on October 13. was attended by a single married Couple who owned three
I
properties in tile 111'ea. They were in favor of the rezoning.
We have received 52 comment cards out of the 167 sent for a response rate of') I %� All but three were
in favor of the rezoning. Tile properties whose owners are not in favor of the rezoning are: 3895 Miller
Court, 10895 1V- 3 Place, and 10955 W. 39" Avenue, Staff is attempting to meet 1Nith these three
property owners pnor to the Planning Commission public hearing to discuss reasons I*or tile objection to
the rezoning
We have heard t"roni,four of the six A-1 owners and only one (4088 Oak Street) wants to rezone to R-1 13.
Attached as Exhibit E' is a map showing the property owners who responded,
Staff concludes that all requirements of the Zoning Ordinance for large area rezonings have been met.
We further believe that the specific objective set forth by City Council in Resolution No. 1678 have been
met. Therefore, staff recommends approval of Case No. WZ-98-07 to rezone the specific area, pursuant
with Exhibit C.
Option A: "I move that Case No. WZ-98-07, a City-initiated large area rezoning be recommended to the
City Council for APPROVAL for the following reasons:
large area zoning requirements have been met.
2. The objectives, set forth • City Council in Resolution No. 1678 have been met.
3. This rezoning will bring the zoning into conformance with the Comprehensive Plan.
4. All jurisdictional requirements have been
Option B: "I move that Case No. WZ-98-07, a City-initiated large area rezoning, be recommended to the
City Council for DENIAL for the following reasons:
I
CABarbara\PCRPTS\wz98G7,w-pd
RESOLUTION NO. 1678
Series of 1998
TITLE: A RESOLUTION INITIATING REZONING PROCEDURES
FOR A LARGE AREALOCATED IN THE 38""' AVENUE
AND OAK STREET NEIGHBORHOOD (WZ-98-07)
WHEREAS, the City of Wheat Ridge has adopted specific procedures for City initiated
rezonings pursuant to Ordinance No. 1025, Series of 1996; and
WHEREAS, Exhibits A and 13, attached hereto and incorporated herein, are maps
illustratin the existing and proposed rezoning areas; and
WHEREAS, the purpose and objectives to be achieved by this City initiated large area
rezoning are:
To preserve and protect predominately low density residential character of the
neighborhood.
1 To recognize and exclude existing developed high density residential uses.
a. To rezone to brino this area into conformance with the comprehensive plan and
existing land use,
4. To rezone from Residential -Three (R-3) and A- I to Residential-One B (R -113) and
Residential-One C (R -IC} so as to preserve the low density residential character
ol'the area.
NOW, TIJEREFORE, BE IT RESOLVED by the City Council of the City ot'Wheat
Ridae, Colorado, to initiate as LARGE AREA REZONING by adoption of this resolution
t'
and to forward this proposal tea the Planning Commission for public hearing and
recom mendations.
DONE AND RESOLVED THIS day of , 1998.
GRE1'CllEN CERVENY, MAYOR
V'ANDA SANG, CITY UERK
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ZONI NG AND DEVELOPMENT � 28 ®3
hearing notice in a news-
paper of general circula-
tion at least fifteen (15)
days prior, to the date of
"
the public hearing, which
notice shall include a de-
(G) Procedure for City - I nitiate d R ezoning. The
scrnptnon of the proposed ,
city shall have authority to init rezoning of
rezoning an a map which
.. entire city or portions of the city in accordance
illustrates the'geo .
with this subsection (G):
extent of the proposed re-
(1) App licability . This rezonin
. g Procedure ap-
zoning.
plies to city -wide and large -area, multiple
. l
b. Large -Area ` hlultn p e F'ro p'
property rezoning initiated by the Wheat
erty Rezo ning, A large -
Ridge City Council. To be eligi for this
area, multiple property re-
procedure, large -area, multiple- property
zoning shall, in addition ,
rezoning must include at least five (5)
- to the newspaper notice
separate ownership parcels or at least five
required by subsection (a)
(5) acres in total combined area. Large -
of this paragraph, be no-
area, multiple- property rezoning is per-
traced by certified mail no
mitted under this subsection (G) only in
tice sent to all owners of
order to rezone property to a less inten-
record of real property in-
sive (lower) zone category, for example,
eluded within the area to
from Commercial -One (C -1) to Restricted-
be rezoned at least fifteen
Commercial (R - C), or from Residential-
(15) days prior to the date
Three (R -) to Residential -One (R -1). Re-
of public hearing.
zoning to any Agricultural zone district
2. Planning Com Review:
from any other zone district shall not be
The planning commission shall
considered a rezoning to a less intensive
hear and consider any evidence
zone category. '
or statement presented by city
(2) Procedure and notice:
staff or by any person in atten-
(a) General. The council may, at a regu-
dance at the hearing. The plan -
lar or special meeting, initiate this
ping commission shall make a
rezoning procedure by adoption of a
recommendation to city council
resolution setting forth the general
to approve, approve with mod-
area of the proposed rezoning, scat -,
ications or deny the rezoning
ing the intended purpose and objec-
proposal. The commission's rec-
tives to be achieved by the rezoning,
ommendation shall be based
and referring the matter to the Wheat
upon the facts presented in the.
Ridge Planning Commission fora
public hearing in considerat
public hearing and recommendation.
of the criteria for review speci-
(b) Planning commission action.
fied in section 26- 6(CX)(b).
1. Notice Requirements.
(c) City council action. Upon receipt of
a. City -Wide Rezoning:
the planning commission's recom-
mendation, the city council shall hold
Where a city-wide or com-
a public hearing on the proposal.
prehensive rezoning has
The hearing conducted on second'
been initiated by the coun•
reading of the proposed rezoning or-
cil, notice shall include
dinance shall satisfy this require-
publication of a public
went. Notice of the hearing shall be
5upp. tin. 18 1679
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