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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. C> 01000y��� 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). -------------------------------------------------------------------- October 16, 1998 October 22, 1998 D...kTED LEGAL NOTICES SENT: October 13, 1998 --------------------------------------------------------------------------------------------------------------------------------- INTO RECORD: --- --- (XX) COMPREIIENSIVE PLAN (XX) CASE FILE& PACKET MATERIALS (XX) ZONING ORDINANCE SLIDES SUBDIVISION REGULATIONS (X) EA11113ITS (XX) OTHER ----------------------------------------------------------------------------------------------------------------------------------------- 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 Aw" 100" EZON�E I IOU A-1 ,� ». f � 111 S'� ��� Y � 3 Q C 407 N 4 AVE 4045' S�3 ,w > > 'j� �•_ 11-4 3C)TH Pi A-1 o! e .xt C: n- I "1 0 Ln 4o 3 5 (y Z i O� 39 [3;20 i -j liul .0 X Wo 3F)51 -4CO lu i,4 39TH AVE LL '7 < L '3 51 c 5 LIO *;L® 1! oe ku 1 "38 AV ... �. � � fi� ,�,,. �,�i 7;3'x} . »...,. � � �� '`"w ./ 7 .1 40 H 181 OVA 't; LL N E. ri Now I-M. � i �.,? ;„: El 7` w d 4 ' t � 'S'3 r. � Ce ♦ �"" * .r .1 t 4 /l % t a"� t^'rw+. * ice Ch r- , '9 ilk.... �,.....,.._ h•+ i ,:f � �: •, n.n � «•a� F-- * � m ! �.' .. 1 ` t `z , y '# " � C« C_`P � .-,! ,? .. e � C i Si}}.. ' -, l N� * i .....,.,_ �+ R � .r.•....�..., i ._.,.�..,._�,.....�,,, +.�.._...� ! *�-r,� � 13 �f x � f p .2� � �< t ' L , � �}!i ! t 0F C�+t 'r..., ( �, "�''��" ,.1 � .7 �,�,. ul {� C CSC; N t `i3'u lu rt e < 1','»tT` cc 4� ¢..n. . _+ y.3' S:J Y.w t, ,� � ',",.°� f J`D "' ' I • �+w.......,.. p �.„j "e C'*1 ... af �... ..:_. �.s.:,..m �. �' }�+...� P � I t✓'+ J 4 C» + ^' � Y G^ p h p i t'.A? k � M I �� nn.n+.. �� ....w' t BaTH ✓ Rte # + r Y pl I t u� rr� a fa 2 • wI crt +'.;9�'i ,� 1 IZ Ul 37 rj* , *,. 3, { - 0 - 1 1 so ] k d o ff 0 IE .. { .. . _ d . 0 s dri � +^w�+ ul CO {f .+ C+ b cq ul 7} 1 cn VVV E- l� UJ =• 5.4r x } » �o x t t E .LA E a CI.. 413 tJ1 N V# 0 C9 x ko C> to T ° i• c N Ct - 0 - 1 1 so ] k d o ff 0 IE 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 t M + �� �� i a) .� as , c`a 00 Ch « ON rA CJ + Q u o 0 u x U u u U u U u U U a,> 00 ra 44 r vw « a° & °, >= tri ¢ c� 00 C> -'r • C'N V O', M 00 C' acs 00 � • Ca 00 c> 00 C� 00 0 ace o oa 0 00 o oo 0 CT C7 C , 0 m tz cl «" a 0 0 cis py i M m M • C> rq 1 10 Irlt o m m tC h oo Vn rt m c+a + + + + + + + + + + n o o a X U Q cv v u ) ✓* ai a °•' ai ao c U U U C7 U tJ •� � c �a ,� rw � ry ..� rya .� rra ,� c fa ,.� cra c�a r*a c*a a, �«. 00 mac; ; mow. mow ' rN eq tn 4 c c oo c r� cta do rra oo on cxt eta . 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