HomeMy WebLinkAbout12/17/1998AGENDA
CITY OF WHEAT RIDGE PLANNING COMMISSION
December 17,1998
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on December 17,1998, 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. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may
recommended for placement on the agenda.) I
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on
the agenda. Public comments may be limited to 3 minutes.)
7. PUBLIC HEARING
ved A. Case No. ZOA-98-01: (Continue from December 3,1998)
An application by the City of Wheat Ridge to amend Section 26-30 (L) of the Code of Laws
pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge Code of Laws
pertaining to the condition of stables, fertilizer, and buildings.
Approved B. Case No. WZ-98-16: An application by Kaiser Permanente for approval to zone property
located at 4803 Ward Road and known as Kaiser Permanente Medical Center as C-1. Area is
currently under review for w into the City from the County of Jefferson.
Approved C. Case No. WZ-98-17: An application by the Regional Transportation District for approval to
zone the property located at 4695 Ward Road and known as the RTD Park-and-Ride as C - I .
Area is currently under review for annexation into the City from the County of Jefferson.
8. CLOSE THE PUBLIC HEARING
10. NEW BUSINESS
11. DISCUSSION ITEM
12. COMMITTEE AND DEPARTMENT REPORTS
13. ADJOURNMENT to January 7,1999 at 7:30 p.m. in the Council Chambers
C�\Barbai,a\PCRVrS\PLANGCOM'PCAGENDA"981217,wpd
December 3, 1998
CALL THE MEETING
i1 The meeting was called to order by Chair
BRINKMAN at 7:30 p.m. on December 3,1998, in the Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL:
Commission Members Present:
Commission Members Absent:
Staff Members Present:
Tom Shockley (excused)
Alan White, Director of Planning & Development
Martin Omer, Economic Development Specialist
Ann Lazzeri, Minutes Specialist
4. APPROVAL OFAGENDA
Commissioner SNOW moved and Commissioner GOKEY seconded to approve the agenda as
presented.
6. PUBLIC FOR
There was no one signed up to speak before the Commission.
7. PUBLIC HEARING
-98-01. . An application by the City of Wheat Ridge to amend Section 26-30(L)
A. Case No. ZOA
of the code of laws pertaining to the Keeping of Animals and Section 15-23 • the Wheat Ridge
code of laws pertaining to the condition • stables, fertilizer and buildings.
It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to continue
Case No. ZOA-98-01 to December 17, 1998 upon recommendation of the City staff.
--- IM
B. Case No. ANX-98-04/WZ-98-16. An application by Kaiser Permanente for approval to annex
32.886 acres of unincorporated land into the City of Wheat Ridge and to zone the property as
C-1. Property is located at 4803 Ward Road and known as Kaiser Perynanente Medical Center.
Commissioner THOMPSON expressed concern about impact • the proposed annexation
would have on possible incorporation of the Fairmount area.
Mr. Omer replied that, from an econornic standpoint, it would seem that incorporation by
Fairmount is no longer viable.
Mr. White stated that annexation petitions take precedence over incorporation petitions and that
the Fairmount incorporation election was set aside for the cities of Arvada, Wheat Ridge and
Golden to take action on annexation. Decisions • annexation would have to occur before a
judge would allow incorporation proceedings.
Commissioner THOMPSON asked if rezoning can occur without a formal motion from
Planning Commission. Mr. White replied that Planning Commission will be making a formal
motion at the December 17 hearing; however, comments from the Planning Commission at this
meeting would to be forwarded to City Council as part • the staff report.
Planning Commission Page 2
12/03/98
In response to questions from Commissioner MacDOUGALL, Mr. Omer stated that the
existing wetlands would have to be taken into consideration by the public works department if
the property south of the Kaiser facility and north of the RTD park-and-ride were to be
developed.
Thomas Currigan
10350 East Dakota Avenue, Denver
Mr. Currigan was sworn in by Chair BRINKMAN. He was appearing as a representative of
Kaiser Permanente and invited questions <from the Commission.
Commissioner GOKEY asked about the proposed highway interchange at Highway 58 and I-
70. Mr. Omer replied that the proposed intersection would directly impact Ward Road. He
advised the Commission that the Ward road interchange had been placed on the priority list for
the Colorado Department of Transportation.
Commissioner GOKEY asked if Kaiser could make a decision regarding the recreation district
they wished to belong to. Mr. Omer replied that this would be Kaiser's decision. Currigan
commented that this question had not been explored by Kaiser.
Mr. White clarified for the record that annexation into the City of Wheat Ridge includes
belonging to the City recreation district.
Commissioner SNOW asked if there were future plans for Kaiser to build a hospital on this site.
Mr. Currigan replied that there was no intention to build a hospital facty on this site, and that
Kaiser only planned to expand the present clinic facilities.
Planning Commission Page 3
12/03/98
Commissioner COLLINS moved and Commissioner SNOW seconded that Case No. ANX-•8-
4, a request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser
Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of
Jefferson, as legally described in Exhibit "B" • recommended to the City Council for
APPROVAL for the following reasons:
1. The annexation meets the State criteria for annexation eligibility.
2. The annexation will be a logical extension of the City's boundaries.
3. The annexation will allow the City to gain regulatory control of development of the
subject property.
Elm=
Commissioner SNOW stated that she would prefer to see any large-sized commercial parcels
come in as planned commercial developments in that it gives more flexibility to the City and,
most of the time, to the land owner. She expressed concern that, in the past, commercial
zonings have been approved for certain uses and then were somehow expanded beyond the
original intent.
Mr. Omer stated that the annexation agreement would be a part of City Council action on this
matter when the ordinance is adopted and that the allowed uses would be an exhibit to the
zoning ordinance. He commented that there is currently nothing tangible to create a planned
development because future use is not known at this time.
Commissioner THOMPSON asked why nursing homes were excluded from the list of allowed
uses. Mr. White replied that any land use of that type demands more City services than the
revenue generated from the use.
Commissioner THOMPSON stated that she would like to see staging areas for tourist and
casino buses added to the list of prohibited uses for this parcel of land. She also stated that she
would like to see the parks and recreation district concerns addressed.
Commissioner BRINKMAN stated that she did not condone the commercial uses on the list
based upon her approval of the annexation.
Planning Commission Page 4
12/03/98
Commissioner SNOW moved and Commissioner THOMPSON seconded that the record reflect
the Planning Commission did not consider approval or disapproval of the list of uses contained
in Exhi t C as part o the prior vote for approval • the annexation. The motion passed by a
vote • 6-0 with Commissioner SHOCKLEY absent.
(Chair BRINKMAN declared a recess at 9: 10 p.m. The meeting was reconvened at 9:20 prn,
C. Case No. AN&28 An application by the Regional Transportation District for
approval to annex 8.036 acres of unincorporated land into the City • Wheat Ridge and to zone
the property as C- 1. Property is located at 4695 ward Road and known as the RTD park-and
ride.
This case was presented by Martin Omer. He stated that although action could not be taken •
Commissioner SNOW requested an entire list of everything that is ordinarily allowed in the C-
1, RC and RC- I zone districts and stated that it would also be very helpful if the allowed and
disallowed uses were all listed on one sheet. She expressed concern that, in the future, these
parcels may become one and the land uses should be compatible.
Commissioner GOKEY commented that he thought it was unfair to the applicants to try
come up with some sort • development plan at this time. i
In regard to Commissioner SNOW's concerns regarding the possibility of combining the
properties for development, Mr. White stated that RTD acquired their land from the CDOT, and
that a reverter clause is in existence which states that if the park-and ride facility ceases to exist,
the property would revert to State ownership.
Planning Commission Page 5
12/03/98
In response to a question from Commissioner SNOW, Mr. White stated that the zoning would
not change even if it would revert back to the State.
Chair BRINKMAN asked if staff had concerns about the annexation necessitating increased
security services from the City.
KA
Mr. Omer replied that his understanding was that RTD subcontracts security for the park-and-
ride facilities. If something significant happened, the police department would respond, but
every-day patrolling would be accomplished by the subcontractor.
Commissioner SNOW asked if there was an easement for the caretaker's property. Mr. Omer
replied that there is not an easement, that it has always been used for that purpose and that no
concern had been expressed about the access. He stated that should there be a decision by RTD
• stop the access, the caretaker has an alternative access through the cemetery property.
Susan Altis
7225 S. Gaylord, Littleton
Ms. Altis -vvas sworn in • Chair BRINKMAN. She was appearing in the capacity of
Community Development Administrator for RTD. She invited questions from the
Commissioners.
after Tr 1
would preclude the City"s authority in any area.
annexation meets the State criteria for annexation eligibility,
Chair BRINKMAN invited comments from the Commission regarding zoning issues on this
matter.
Planning Commission Page 6
12/03/98
Chair BRINKMAN asked if the RTD property was considered to be adjacent to 1-70. Mr.
White replied that because, at the time the ordinance was adopted for billboards, this land
wasn't included in the district, it seemed that billboards would not be allowed ♦ this property.
In response to a question from Chair BRINKMAN, Mr. White replied that transmitter stations
were not • the list of permitted uses.
Mr. White asked for feedback on the changes he had suggested to add "only" the following uses
and eliminate the prohibited uses.
It was the consensus of the Commission to leave the list of permitted uses as well as the list of
prohibited uses.
t-itulmissionerSTY, at Me sta rr inc Me intormanon pertaining to Me
reverter clause for the RTD property.
8. CLOSE THE PUBLIC HEARING
A. Public Hearings on Comprehensive Plan - Mr. White reported that staff will bring this inatt
before the Commission in January. He mentioned that City Council will hold a study session
on January 4, 1999 • discuss the Comprehensive Plan, i
Planning Commission Page 7
12/03/98
Commissioner COLLINS moved and Commissioner THOMPSON seconded to include the
approved Wadsworth Corridor Plan as part of the Comprehensive Plan.
The motion passed by a vote of 6-0, with Commissioner SHOCKLEY absent.
jr Commissioner SNOW moved and Commissioner THOMPSON seconded that the first Planning
Commission meeting (second meeting in January) on the Comprehensive Plan be conducted as
an open forum and public hearing • the proposed land use map.
Commissioner GOKEY requested that the City's existing zoning map be included with the land
use map-
B. District Two Neighborhood Meeting - Chair BRINKMAN encouraged Commissioner Gokey, 0
as representative to District Two, to attend the meeting on December 15, 1998. 1
A. Construction Near Adult Book Store - Commissioner THOMPSON expressed concern that
situation could evolve such as the one in Adams County where adult entertainment was alto
as long as no liquor was serve. •
d
11. DISCUSSION ITEMS
jj� . 00
It was moved • Commissioner COLLINS and seconded by Commissioner GOKEY to adjoum
the meeting at 10:30 p.m.
F.1 #
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Planning Commission Page 8
12/03/98
P, - k
It appears from the testimony presented and evidence discussed at various study sessions, that
there is a general sentiment that the keeping of large animals in residential areas is appropriate
and traditional within the City of Wheat Ridge. However, they also felt that the current large
animals regulations needed to be "tightened up as well as a more effective means of receiving
testimony fouthe prosecution of alleged effects of the keeping of animals in court.
�M twanal 03131 1#111 1111MI
LARGE ANIMAL REGULATIONS
Option A: " I move that Case No. ZOA -98-1, a revision to Section 26-30(L) of the Wheat Ridge
Code of Laws as modified by staff under Attachment 11, be recommended for APPROVAL for
the following reasons:
Option B: "I move that Case No. ZOA -98-1, a revision to Section 26-30(L) • the Wheat Ridge
Code of Laws as modified by staff under Attachment 11, be recommended for DENIAL for the
following reasons:
I ,
2.
A- 7
"'
I
CHANGES PER ACC"
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
TITLE: AN ORDINANCE AMENDING SECTION 26-30(L)(1) OF THE WHEA
RIDGE CODE OF LAWS, CONCERNING REGULATION
APPLICABLE
• THE KEEPING OF ANIMALS I
Wl-1EREA Section 26-30(L)(1) of the Wheat Ridge Code of Laws contains
regulations fOr the keeping of lame animals and
4Vl I EREAS, the Council wishes to amend the section as a result of recommendations of
the Wheat Ridge Livestock Association and the Animal Control Commission.
BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
-Section 1. 5ggtiotl of the Wligql Ride !QQ& of Laws is ligrft
amended as follows:
(1) Lai e finim(its. Private stableS for the keeping of
LARGE ANIMALS SUCH AS horses, cows. llamas,
sheep, goats and similar animals are subject to S14ALL
MEET the following requirements
ATTACHMENT
except that offspring of animals on the property
may be kept until weaned.
, (11)
Manure or liquid waste all not bt�- allowed to
accumulate FOR MORE THAN TWO (2) WEEKS
SHALL CONSTITUTE A NUISANCE AS
DETERMINED BY THE CODE
ENFORCEMENT OFFICER AND so as to eause
regulated by Wheat Ridge Code of
Laws, Chapter 15,
(c)
MINIMUM OPEN LOT AREA SHALL BE NINE
THOUSAND (9000) SQUARE FEET FOR THE
FIRST ANIMAL AND AN ADDITIONAL SIX
THOUSAND (6000) SQUARE FEET FOR EACH
ADDITIONAL ANIMAL. FOR THE PURPOSES
OF THIS SECTION, "OPEN LOT AREA"
MEANS A PORTION OF A LOT EXCLUDING
AREA COVERED BY A MAIN STRUCTURE
AND ATTACHED CARPORTS OR PATIOS,
AND EXCLUDING DETACHED GARAGES.
(d)
THE PEN, CORRAL OR FENCED AREA
ALLO TTED TO THE ANIMALS MUST
- ENCLOSE A MINIMUM OF EIGHT HUNDRED
(800) SQUARE FEET FOR THE FIRST
ANIMAL AND AN ADDITIONAL ONE
HUNDRED (100) SQUARE FEET FOR EACH
ADDITIONAL ANIMAL.
4 -:(E.)
The fence: or other enclosure must be constructed
of at ials and +wart —W maintained in such
manner so as to adequately contain the animals.
2-71.
The pen, corral or fenced area for the regular
keeping of such animals Shall not be permitted
w ithin thirty (30) feet of the front lot line, except
Eor lots over one (1) acre, or if under one (l) acre
if the'. lot has no main Structures.
!tI'f �1F t {YI
N
:+72. No part of an enclosure for the keeping of such
animals shall be permitted within thirty (30) feet of
a residence or other main structure on an adjacent
parcel.
Sg:ction 2. Silikty Q L itvs . The City Council hereby finds, determines. and declares
tll;it this Ordinance is promulgated under the g eneral police power of the City of Wheat Ridge,
that it is promulgated for the health. safety, and welfare of the public and that this Ordinance is
nck:essary for the preservation of health and safety and for the protection ot'public convenience
and \\Clfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section . Sgvergi.12ilij . 11' any clause. sentence, paragraph. or part of this Ordinance
or Application thereof to any pet or circumstances shall for any reason be judged by a court
I i ' 1 1 4 ; i 0 " - _' ( *,, t 4 Art
9
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JURISDICTION I II I II ALLOWED LOT SIZE REQUIREMENTS EXCREMENT
2C CO RRAL
ATTACHMENT 2
Arvada
X
9,000 for Ist horse, 6,000 sq.ft. for
No
each additional horse.
100 foot setback required from
residences.
Aurora
X
Livestock including horses.
No
I animal for every '/4 acre in the RA
zone only.
Corral sizes are not regulated.
Boulder
X
I horse for every V2 acre.
Yes
Corral sizes are not regulated.
Brighton
X
Allowed in RC or PUD only.
Yes
Requires permit.
Corral sizes are not regulated.
ATTACHMENT 2
Erie
X
Not allowed within City.
No
Estes Parr
X
2 horses - t acre
Yes
3+ horses - 1 acre for each
additional horse.
Allowed in the RS or RM zones
only.
Setbacks for corrals: 2' to any
building used as residence or human
habitation; O' from street or
property line.
Federal Heights
X
No Livestock allowed including
No
horses.
Fort Collins
X
% acre per animal. Uses Larimar
County Cade for farm animals.
Corrals are not regulated.
Ft. Lupton
NO RESPONSE.
Ft. Morgan
NO RESPONSE.
Gilcrest
X
l horse for every f< acre except
where there is less than S acres then
I horse per l acre; except for
offspring until 7 months ofage.
Corral sizes are not regulated.
Glendale
X
Not allowed within City.
No
Matrix - Large Animal Page 3
—(
Golden
X
9,000 sq.ft. for I horse; 6,000 sq. ft.
Yes
for each additional horse. Special
Use Permit required. Allowed in the
Agricultural zone only.
Corral Sizes are not regulated.
100 feet from the lot line; 15 feet
from the side or rear lot line.
Greeley
NO RESPONSE.
Greenwood Village
X
I horse per Ili acre; 2 with V2 acre;
Yes
3 or more % acre each additional
horse. Space must be dedicated
solely to animal (i.e., stable and
corral),
12 x 12 stall areas max, if corral is
built.
Lafayette
X
SUP only in REl and RE2 with
Yes
40,000 and 20,000 square foot
requirement.
Corral sizes are not regulated.
Lakewood
X
9,000 sq. ft. for Ist horse; 6,000
sq.ft. for each additional horse not to
exceed 4 horses per acre except that
offspring can be kept until weaned.
Corrals minimum is 300 sq. ft. per
horse.
Littleton
X
In RE. 25,000 sq.ft, minimum per
animal; other zoned areas require 2
acre minimum (trying to
discourage).
Corral sizes are not regulated.
Matrix - Large Animal Page 3
—(
t�ongmont
X
Existing animals are grand fathered.
No longer allowed within City.
Louisville
and AgA only.
Yes
acre minimum.
Corrals must be 154' from any ,
build occupied as a residence or
used for human habitation.
Loveland
X
V2 acre per horse - no livestock.
Yes
Corral sizes are not regulated.
Northglenn
X
Thornton
NO RESPONSE.
Westminster
X
With PUD or minimum of 14 acre
Yes
lot.
Corral sizes are not regulated.
Parker
X
1 horse for every 2 acres.
Yes
Corralling or containment of
animals is required With only limited
periodic grazing; is to be "adequate"
for the number of animals involved
but not to exceed 10% of the lot
area; shall not be closer than 100' to
any off -site residence or business on
an adjoining property.
Matrix - Large Animal Page 4
I
t
Corral sizes are not regulated.
100 feet from any Gaff - property
residence or place of business and
5 feet from the side lot line and 50
feet from the front lot line.
Jefferson County X 9,000 sq. ft. for 1 st horse; 6,000 sq.
ft. for each additional horse not to
exceed 4 horses per acre with
exception for offspring until 7
months of age.
These numbers exclude the area for
the one - fancily dwelling.
Matrix - Large Animal Page 5
— z-
( ' �t
�►
A- �3
Following brief discussion, the motion carried , by a vote of 7-0 with Commissioner SNOW absent.
It was moved by Commissioner THEANDER and seconded by Commissioner WILLIAMS to amend
the agenda to move item I I to the next order of business. The motion carried 7-0 with Commissioner
SNOW absent.
Nis. Reckert distributed to the Commission copies of a matrix showing large animal regulations in
other metropolitan communities and then presented slides showing various large animal properties in
the City of Wheat Ridge. These properties reflected a broad cross section of residential, agricultural
and commercial zonings throughout the City.
mlmamci�
9.QQQ squqrg f
Qgt [egulatign. Ms. Ellis noted that in order to determine if the property ' meets lot si
requirements it is necessary for the City to go • the Assessor's maps which aren't always accurat
She explained that a survey is necessary to accurately determine the square footage of a property;
sometimes property surveys are not available. I
Llanlirg arid Ijqd Ellis noted that these cases are presently prosecuted in criminal court
which requires proof beyond a reasonable doubt and that three of these cases have been thrown out of
Planning Commission Page 4
02/19/98
ATTACHM9 3
N
court because • the court's opinion that they do not belong in criminal court, but rather in civil court
where cases can be decided on testimony. She also noted that manure accumulation and odor are rwo
different problems and are very difficult to enforce.
Ego, oma a l And f-qncgd areg. Ms. Ellis stated that the Code contains some ambiguity in defining
fences, corrals and structures such as barns. She added that there have only been three properties
which cause problems and only five that have ever been cited. Three that were cited were adjacent'to
resiM ential and concerned manure accumulation • odor.
Commissioner BRINKMAN asked what procedures the Citywould take in a situation where a
potential ourchaser takes the word of a realtor that 6ev can have horses and then a n
Commissioner GOKEY discussed whether or not some of these conditions could be cited as animal
abuse cases. Ms. Ellis explained that animal control would • called in if abuse was suspected.
Commissioner SNOW asked Ms. Ellis' opinion regarding whether or not the proposed changes in the
ordinance would resolve code problems. Ms. Ellis replied that she believed the changes would present
guiM elines to follow such as how often a property owner needs to clean the animal areas, I
Commission SNOW asked for a comparison of the present ordinance with the suggested changes.
Ms. Reckert replied that the suggested changes from the Animal Control Commission included a
provision for no more than four animals per acre, a two week cleaning rule, pen arid corral sizes, and
clarification of fences and corrals vs. barns and other structures. She noted that a grandfather clause is
included that would apply unless the property owner ceases owning a horse for more than sixty days. I
Commissioner BRINKMAN and Commissioner GOKEY discussed the minimum open lot area of
9,000 square feet for the first horse and 6,000 square feet for each additional horse.
( I ,
Mr. White added that this requirement is to set forth a guideline for the number of animals allowed on
a property.
Mr. Fisher addressed the Commission stating that at the request of City Council, the Animal Control
Commission conducted two or three public meetings with input from the Livestock Association
regarding proposed changes to the ordinance.
III Jill
Chair THOMPSON addressed a rumor that the City is trying to get rid of all large animals. She stated
that'this is a misconception and that the Commission is only interested in clarifying the existing
ordinance.
It �#M I
Ms. Osterlow stated that she lives adjacent to a property with four horses on one acre and is concerned
with the health issues related to the large number of flies that are attracted by manure accumulation.
She indicated that she does not want to get rid of horses in Wheat Ridge, but only wants horse owners
to keep their properties clean.
Bob Rock - 4300 Tabor Street
Mr. Rock urged the Commission to continue allowing horses in Wheat Ridge; however, he agreed
there may be a need for changes to the present ordinance.
Warren McCoy - 3275 Dudley Street
1\4r. McCoy stated his opinion that horses should be allowed in the City-, however, horse owners need
to be responsible about taking care of,the animals and cleaning up after them.
M W�
Louise Turner - 11256 West 38th Avenue
Ms. Turner, member of Ridge Livestock Association and the Animal Control • •
suggested that education • s • be • deal with problems.
She doesn't believe the answer is to get rid of the animals, but to take'proper care of them,
Chair THOMPSON asked if there were others present who would like to speak to this issue. Hearing
no response, she stated that the individuals who spore would be notified of future meetings and asked
if there were others present who wished to be added to the notification list.
Planning Commission Page 7
02/ 19/98
4 A —14,
Commissioner THEANDER asked how other cities addressed the excrement issue. Ms. Reckert
replied that most cities' codes were vague and referred to their nuisance laws which are similar to those
R f Wheat Ridge.
Mr. White summarized the statements from the public, stating there seemed to be a sentiment that,
horse.property is a par(of the lifestyle in Wheat Ridge and that the complaints seemed to be centered
around the nuisance aspect.
Mr. White suggested we take a look at the agricultural regulations and to have no restraints on the
number of animals in these zones except when they are nonconforming lots in which case, the
residential district requirements be applied. He commented ' that the two week cleaning rule sounds
simple, but it might require hiring a full time person to keep track of who has cleaned in the past tw+
weeks.
Commissioner SNOW suggested that less cleaning should be required for fewer animals on large lots
and more frequently on a small lot and in the summer. She stated her desire to hear an opinion from
the court or city attorney as to whether or not this would solve the legal problems.
Ms. Ellis commented that it has been her experience that three of the five citations she has issued in the
past seven years have been personal neighborhood battles.
In response to Chair THOMPSON's poll, there was a consensus that horses be allowed in Wheat
Ridge.
Commissioner GOKEY commented that the property must be taken into account as to whether it is
suited to having large animals.
Chair THOMPSON commented that photos could be taken at the time the complaint is received and
that the owner be informed that they have two weeks to clean it up and let them know that you will be
MEMESM=
iris. Ellis was not sure if the judge could determine from photos if the ordinance had been complied
with.
Chair THOMPSON asked if it was true that the burden of proof of square footage rested with the
property owner. Ms. Ellis replied that it is up to the City to prove the lot size.
Plannin- Commission page 8 k.
02/19/98
It was the ' consensus of the Commission that the city attorney's office re% ew the ordinance as to (1)
whether it is a good starting point; (2) removing the section containing manure issue to the nuisance
ordinance; (3) a different standard for the ratio of animals to lot size; (4) look into the possibility of
establishing horse equivalent units; (5) rewrite this section to make it easier to understand and (6)
review the nonconforrningportions of the ordinance.
Commissioner SNOW requested that the agricultural property issues be taken to the Agricultural
Commission for their research and opinion.
It was the direction of the Commission to staff that this matter come before the Commission the second
meeting in April.
Planning Commission Page 9
02/19/98
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40
Animal 'Control Commission Minutes
March 17,19 98
PRESENT.
Dr. William Treft, Chairperson; Louise Turner; Greg Feudner; Monica Bea Slingsby;
Debby Mauldin; Nick Fisher; Michelle Stodden. Citizens present: Agnes Renwick.
ABSENT.
Dr. Robert Ifilsenroth, Advisor; Joseph Ashker.
CALL TO ORDER: *
Meeting was called to order by Dr. Trefz. Minutes of the January 20, 1998 meeting we
approved. Minutes of the special meeting held on February 19, 1998 were approved. I
OLD BUSINESS:
Nick distributed memos and reviewed Planning Commission minutes from Meredith Reckert
regarding the large animal regulations and requested recommendations on the following issues:
A discussion was held regarding all of the above issues. Louise also updated the Commission on
the Planning Commission meeting. The following motions were made:
A O T TAC H m m m E N T 4
t► a► M
s�i-
So , tfih rs in Meat Ridge '
Qur neighborhood
would like an expla
nation from'the Wheat Ridge city man
, alter and/b our District 3 City Council
persons regarding the following situation.,)
We li4in Wh Ridge in a residential`;{
neighborhood.,An adjacent property
owner has corralled four horses since'Dec.
=:
16, 1996, a has not remover) any me
nun Or ;
months oi*d nneig rhoo
use'has poeiof abatement,in cleaning up'
'thls proper dsr.Section 15 of the city
codes and he refused„ The city manager
has ignored'calls for explanation. We
think that it is clearly stated in Section 15`°
of the city codes that the manager has
this power.
We have presented our case before the
City Council. The City Council repre-
sentatives in District 3 are very sympathetic
and tell us that they will help. We have
waited for them to return calls with sugges.
tions and advice, and are still waiting. The
Animal Control Commission and the Plan -
ning Commission are both considering
chanl,'es that need to be inade to the Wheat
Ridge codes in order not to allow this kind
of neglect to continue to happen. Both com-
missions have been honest in stating that
this will tike tame, and conceivably no '
changes will be voted upon: until the fall.
For 15 months the manure has increased
and continues to pile tip. This year's flies be-
f an to emerge on Nlarch 13 and remained,
even through the April snows. We are un-
abler to use our patios because of the flies.
This is a health hazard for all of us. flies
spread disease to other animals and u-
nians. The manure is spread in the dust
that blows from the property:
We are not asking that the horses be re-
moved, only the manure. Our neighbor -,,
hood will be living with this situation for
another season of outdoor activity'I"l 0
city manager has the powe to clean it up, '
but refuses to do so. Wo are asking
reasonable explanation as to why ho ;.
won't act, or an explanation of liow the *`
codes are restricting his action
ANNE AND TIM osTl H
ROSE AND WALT MORRIS
:tt IIN
AND DEANNA GAMMON
%%eat Ridge
A TATri ffqRFF-1111F----1
\ ��\
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ism&
H E L P A T E V E R
2
05/15/98 13:25:10
GORE KIRGIS->
383 235 ZSS7 Rig"FAX
051IS/98 13:2S:51 GORS" HIRGIS-> 303 23S ZBS7 Rigl-''IAX
matter how often manure, etc. is removed, to eliminate the kinds of neighbor
complaints that are the primary source of the City's problems with large animal
control.
3. , The present nonconforming use section, which allows nonconforming
situations to continue indefinitely, simply perpetuates the problem. To be effective,
the Section should be changed to amortize" nonconforming large animal situations
within a time period, for example, one year.
1 . Is the ordinance is a good starting point?
Answer: The present ordinance is a good starting point to t I he degree it
addresses the key considerations for large animal regulation:
2. Should the section o I n manure be moved to the nuisance chapter of the code
of laws?
Answer: Yes.
3. Should Wheat Ridge adopt a different standard for the ratio of animals to lot
size?
1326:37 GORS" KIRGIS-> 383 23S ZSS? Rig'-'VAX Pd9C 864
Answer: This can ' easily be done. The following is an outline for a
possible revision of the ordinance.
2. Definition: Horse equivalent units: Large animals include horses,
cows, lamas, sheep, goats and all animals in excess of pounds
at maturity; such animal is one horse equivalent unit.
A-2A-
05/1S/98 13:2? :2S GORS'l KIRGIS-> 303 23S 2857 Rig ""AX
I will be pleased to elaborate or answer questions.
GEM53037'323303,01
Page 885' -
iAI29
O
Nick distributed memos and reviewed Planning Commission minutes from Meredith Reckert
' d # regard all o t above Lou • updated t C omm i ss i on R
the Planning Commi'ssion meeting. The following motions were made:
A VA
T T � CHMENT 6
Em
4. Motion made stating: The temporary (seasonal) removal • animals does not
constitute discontinuance • the nonconforming use. Motion made by Bea,
seconded b� Louise, motion passed. (It was felt that the resident that brought up
this issue is a conforming use. Louise will call the gentleman.)
Monica expressed some concerns with the previous management • Pet Village and wants to be
sure the new management has improved the conditions. Nick has been there • several occasions
and has not noticed any violations. It was suggested that Nick conduct a surprise inspection on
Pet Village. I
ADJOURNMENI�'
Tkere heing no further business the meeting was adioumed
I ' '
Dr. William Treft, Chairpers
0
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No,
Ordinance tio,
0
except that offspring of animals on the property
may be Dept until weaned.
(h)
Ma nure or liquid waste Shall -ne .allowed to
accumulate FOR MORE THAN TWO (2) WEEKS
SHALL CONSTITUTE A NUISANCE A
DETERMINED • BY . THE CODE
ENFORCEMENT OFFICER AND so
as regulated by Wheat Riche Code of
Laws, Chapter IS..
(c)
MINIMUM OPEN LOT AREA SHALL BE NINE
Reo ace word
THOUSAND (9000) SQUARE FEET FOR THE
ti lllttlB� tt -
FIRST A At AND AN ADDITIONAL SIX
words "HO OR
THOUSAND (6 000) SQUARE FEET FOR EACH
HORSE EQUIVALENT
ADDITIONAI NIMAL. FOR THE PURPOSES
"OPEN
OF THIS SECTION, LOT AREA"
UNIT"' places in
MEANS A PORTION OF A LOT EXCLUDING
this paragraph
AREA COVERED BY A MAIN STRUCTURE
AND ATTACHED CARPORTS OR PATIOS,
AND EXCLUDING DETACHED GARAGES.
r
The first paragraph, third line, under Item 7, Public Hearing, should be amended to read
"Planned Commercial Development" instead of "Planned Community Development."
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to
approve the minutes as amended. The motion carried by a vote of 6-0with Commissioner
Dunn absent.'
6. PUBLIC FORUM
OEM
V , 49
-01. Review and discussion of the City of Wheat Ridge Animal
Regulations.
Planning Commission Minutes Page 2
05/21/98
ATTACH m MENT 7
Commissioner BRINKMAN suggested the placement of fly catch buckets similar to those
used for fruit flies in California, to measure the number of flies present at different times of
the day in order to determine what amount would constitute a nuisance.
7=51TIO'"T - IT7 T n
because people who want a strictly urban environment will still complain about horses.
Chair THOMPSON suggested special use permits be required in A- I and A-2 districts when
properties are adjacent to residential uses and, further, that increased setbacks should be
considered.
There was lengthy discussion regarding horse equivalent units. Commissioner SNOW
expressed concern that the equivalent units were too high, especially in regard to goats.
Commissioner BRINKMAN suggested that mules should also be included in the ordinance
and that a mule should be co the same as one horse.
IT respTrIse I 'T, T 74,
regulations from other communities. He also commented that if the City of Wheat Ridge is
going to have animals, the City is obligated to come up with a very precise system to address
neighborhood complaints.
I s M .,a - •
manure accumulation is concerned,
Mr. White commented that he believed regulations also need to apply to agricultural zoning.
Chair THOMPSON invited public comment and the following individuals addressed the
Commission:
that although she removes manure every other day, her neighbors still complain. She also
thought the fly catchers'were a good idea. She suggested instituting a time limit for horse
owners to remove manure because she felt measuring would be ve difficult.
ry
F I MIMI Try requiring set I ror nayst c s
There was discussion regarding problems arising from new property owners not realizing th,-
adjacent property is zoned for large animals when they purchase their property.
John Gammon
3305 Independence Court
I I I#A rer -sL241*
215WHOMMUNIR MAMM
FM�
Don Hammerschmidt
3215 Flower Street
Kevin Craig
10615 West 46th Avenue
Commissioner BRINKMAN responded to Mr. Craig's concerns stating that the City is only
attempting to refine language and clear up vague areas in the code in order to address nuisance
Z>
properties, and not to get rid of horse properties. Commissioner GOKEY assured Mr. Craig
that the City has no intention to make him get rid of his barn or his horse.
Commissioner SNOW suggested that the horse equivalent units include one horse, one co
one burrow, one mule, one llama, four sheep and two goats and noted that there have been
numerous complaints about goats in past years. She was also concerned that the ordinanc
doesn't result in allowing even more animals to be kept in the city. . I
Commissioners BRINKMAN and SHOCKLEY felt that the Animal Control Commission's
recommendations should be followed.
Chair THOMPSON declared the public hearing portion of the meeting open.
B. !Case No. ZOA-98-04- The Planning and Development Department is proposing to amend
Section 26-6 of the Code of Laws: Legislative and Administrative process and procedures
concerning right-of-way vacations.
Meredith Reckert presented this item and referred to the staff s recommendations for an
amendment to Section 26-6: Legislative and Administrative Process and Procedures: Right-
of-way Vacation Procedures. She informed that the City has been following those procedures
and using the criteria in all of the vacation cases, but the procedure has never been formally
GORSUCH KIRGI
I M QR N
- Al D I
UM
TO MEREDITH RECKERT
I
FROM: KELLY ELEFANT AND GERALD E. DAHL
DATE: AUGUST 19, 1998
Im
RE: ISSUES RELATED TO ODORS CAUSED 1.1 MANURE ACCUMULATION
KLE\53027\,294623.01 AT uA%o n M E N T 1 64 s h
am
KLE\5302' 23.02
OY WMAT MI) GE, COLORADO
INTRODUCED BY COUNCIL NEMBER
Council Bill No.
Ordiance No.
Series of 1998
TITLE:
AN ORDINANCE AMENDING SECTION 15-23 OF THE "WHEAT
RIDGE CODE • LAWS, CONCERNING REGULATIONS
APPLICABLE TO THE CONDITION OF STABLES, FERTILIZER,
AND'13UILDINGS
The municipal court judge is authorized to double the applicable fine
otherwise imposed upon any person under this Section if such person has been
previously convicted of the same or a similar violation within the preceding
twelve (12) months.
KLE\53027\294660,01
1 US I
GERALD CITVXTTORNEY
SPN3027t268143.01 2
Animal Control Commission Minutes
October 20, 1998
PRESENT.
Dr. William Treft, Chairperson; Louise Turner; Monica Gregerson; Debby Mauldin; Joseph
Ashker; Bea Slingsby; Nick Fisher.
ABSENT.
Dr. Robert Hilsenroth, Advisor; Dr. John Maulsby, Advisor; Greg Feudner; Kim Fear.
ne meeYM& r; Ic • We* picilfres EMT remote camcra purcnaseZr67f7e
City to try to capture pictures • the mountain lion. No mountain lions were seen, but other
wildlife (racoons, fox, squirrels) were photographed.
CALL TO ORDER:
Meeting was called to order by Dr. Treft. Minutes of the August 17, 1998 meeting were
approved.
ATTACHMENT 9
/A
Dr. William Trefz, Chairperson Michelle Stodden, Secretary
Council Ordinance !
o.
A-46- ATTACHMENT 11
THAN TWO (2) WEEKS SHALL CONSTITUTE A NUISANCE AS
DETERMINED BY THE CODE ENFORCEMENT OFFICER AND
so as to Can -as regulated by Wheat Ridge Code of Laws,
Chapter 15.
Cc) MINIMUM OPEN LOT AREA SHALL BE NINE THOUSANIT
(e) The fence
• other enclosure must be constructed • ninterial and must be
maintained in such a manner
• as to adequately contain the animals.
• "'112 11961 Alrd L TAI
5.2. No part of an enclosure for the keeping of such animals shall be permitted
within thirty (30) feet
• a residence or other main structure on an adjacent
Rarcel.
• 1,411V ill 11111111111 � lllsm��
D l I 3KNRD]lbVJ ti I
Section 3. Severabili1y. If any clause, sentence, paragraph, • part of this Zoning Code
• the application thereof to any person or circumstances shall for any reason • adjusted by a
court • competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect one day following final
approval.
INTRODUCED, READ, AND ADOPTED • first reading by a vote of - to
on this day • 11 1998, ordered published in full in a newspaper of general
circulatiM n in the City • Wheat Ridge and Public Hearing and consideration on final passage set
1998, at 7:00 o'clock pm., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to _, this _ day • 1998.
SIGNED by the Mayor on this day of 1998.
GRETCHEN CERVENY, MAYOR
mn-.f,Lii-@oz 0XVINW21 -."ON -- - --- ---
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
♦ # 0 Ali ► #
APPLICANT(S):
Kaiser Per anen a Foundation
10350 East Dakota Avenue
Denver, Colorado 80231
OWNER(S): 2
Same
APPROXIMATE AREA:
32 Acres
PRESENT ZONING:
County Zoning: Planned Development
PRESENT LAND USE;
Medical Center
SURROUNDING ZONING:
North: Planned Development and Industrial Three
(County); South: Planned Development and
Commercial One (County); East: Agricultural Two,
Industrial, Commercial One, Planned Industrial and
Planned Commercial Development (City); West:
Agricultural Two (County)
SURROUNDING LAND USE:
North: Retail, automobile services, offices,
assembly; South: Park - and -ride transit facility;
East: Retail, manufacturing, offices, automobile
sales, open space /undeveloped; West: Cemetery
COMPREHENSIVE PLAN FOR THE AREA:
Three Mile Plan (North Plains Community Plan):
Retail, Office, Industrial and Residential (up to 15
units per acre)
DATE PUBLISHED:
December 3,1998
DATE •• ..A
1ATED LEGAL NOTICES SENT: November 30, 1998
! #•!
(A) COMPREHENSIVE PLAN M CASE FILE & PACKET MATERIALS
ORDINANCE
SUBDIVISION #ll EXHIBITS
OTHER
�� !I, I
Martin Orner - Planning staff
Susan Altes- Regional Transportation District
Robert lynerson-Regional Trans2ortation Distric
Tom Currigan- Kaiser Permanente
Michael Wright-Mount Olivet Cemetery
+ The current ridership/usage amount of the RTD Park-and-Ride,
+ Access to the Mount Olivet caretaker residence,
+ Status of 1-70 /Ward Road/Highway 58 interchange improvements
+ Long term use ideas for both the park-and-ride and Kaiser properties,
+ Status of commuter/light rail idea for the Colorado and Southern Railroad alignment,
+ Mount Olivet's interest in reviewing the final Planning Commission Staff Report prior to the
Commission hearing.
OR EVALUATION
Planning Commission Page 3
WZ-98-16
land uses. The existing Jefferson County zoning, which will be superseded by City zoning, is
Planned Development limited to the following permitted land uses:
These land uses are desirable and should remain for the developed portion of the property. If and
when the northern portion • the site is developed, these uses, along with those listed in Exhibit
would be complementary to and compatible with the uses occurring on the southern portion
of the property. Staff finds that these pennitted land uses are substantially similar to the retail,
office and industrial specified in the Three Mile Plan.
4. That the proposed zoning is compatible with the surrounding area and there will be minimal
adverse impacts considering the benefits to be derived.
5. That there will be social, recreational, physical and/or economic benefits to the community
derived by the zoning.
The following benefits to the community will be achieved as a result of the proposed annexation
and zoning:
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the
zoning, or that the applicant will upgrade and provide such where they do not exist or are
under capacity.
Planning Commission Page 4
WZ-98-16
M
8. That the property cannot reasonably be developed under the existing zoning conditions.
property The developed . . ical facility including patient
pharmacy, offices, ao a development of y portion of property
will meet the use criteria of Exhibit property be developed under
C ounty Jefferson f but are li to the following:
9.. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
10. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
Planning Commission Page.
WZ -98 -16
Approximately half • the property is currently developed and is providing necessary medical
services to the community. Future development of the property, guided by the use restrictions of
Exhibit 'B, will help to assure a logical land use scenario for future development when and if
development occurs. There are no plans for development of the property at this time and it is not
possible to ascertain if a community need will be filled.
The applicant and City staff have produced an Annexation Agreement. The Agreement incorporates
verbatim, the zoning restrictions as presented in Exhibit '13' of this staff report. The ordinance zoning
the properties will contain the same exhibit and restrictions.
Responding With Concerns:
City of Wheat Ridge Department of Public Works
In a memorandum dated October 21, 1998, the Public Works Department submitted the following
comments:
3. The annexation map No. 98-6, is in the process of being prepared and reviewed by John
McGuire, P.L.S.
Wheat Ridge Parks and Recreation Commission
In a memorandum dated October 22, 1998, the Commission notified the Planning Department of the
L , notion as follows:
i y 1 0 • 0 9 9 0a a 0
# 1-1-11 - 11—Int— --- 0, •
Planning Commission Page 6
WZ-98-16
Wheat Ridge Police Department
In a memorandum dated October 10, 1998, the Police Department submitted comments which are
summarized as follows:
Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, glare, smoke,
and the presence of hazardous materials and waste.
Responding Without Concerns:
City of Wheat Ridge Department of Public Works
In a memorandum dated October 7,1998, the Public Works Department submitted the following comments:
Because Ward Road is a State Highway, there is no impact to Public Works. All maintenance
*perations and capital improvements are performed by CDOT. Access and all plan review for Ward
Road impacts must • approved by CDOT.
City of Arvada
Valley Water District
Fairmount Fire District
Metro Wastewater Reclamation District
Planning Commission Page 7
WZ-98-16
Optidn A: I move that Case No. WZ-98-16, "A request to rezoning certain property known as the Kaiser
PermAnente Ward Road Medical Facility, with an address • 4803 Ward Road, City of Wheat Ridge, as
legally described in Exhibit "'A", C- 1, Commercial-One pursuant to Section 26-22 ofthe Wheat Ridge Code
of Laws, be recommended for APPROVAL for the following reasons:
I . The proposed zoning is consistent with the City's rezoning criteria.
2. There would be no significant negative impacts as a result • the zoning.
3. The zoning is consistent with the City's Three Mile Plan."
C:\BaYb,va\IICRPMWZ9&-16,WPD
Planning Commission Page 8
WZ-98-16
T 1 -d— , V
GL s?
Legal Description W -16 (raiser)
• P ar ki n g requ i #
#
Lan requ sec R
(10) Fencing re qu i remen t s . S ee sec s
Sales rental R
# #. ! 1771
# #
(c) There
# of o
thou
'I'l- ', I i-,.nd 00i f et of
LA # 1. # im
�ID
RMEEM
m
§ 26-22
cover.
AM I u II
sion repa7
upholstery
lubrication
shops. It is
work • pai,'I
•
r-
R�•�
Rrms
4-11
..-
f 1! • R
•� r
(?S) Service establishments as listed below:
(b)
Blueprinting, photostatic c and
other similar reproduction services;
however, not including large print-
ing, publishing and/or boot: binding
establishments.
"P
h
ho v er, that the outsi orag of
trucks, ers o equipment
for rent s ea screened
from from all streets a da'
c properties.
(e)
Ha na and cosmetic services,.
M
Interior decorating shops.
(g)
Laundries and dry cleaning (shops].
(h)
Locksmith Shops.
M
4
Shoe repair (shops),
0)
Studio for professiona wor or teach -
ing of fine ants, photography, music,
drama or dance.
W
Tailoring, dressmaking or clothing
alteration shops.
l
i 26 -22 WHEAT RIDGE CITY COD
(cc) Home improvements supply stores.
would be consistent with the intent of this
(dd) Jewelny stores.
district, and which would not be objection-
able to nearby property by reason of odor,
(ee) - Leathergoods and luggage stores.
'dust, fumes, gas, noise, radiation, heat,
(ff) Liquor stores (sale by package).
glare, vibration, traffic generation, park.
(gg) Linen supply.
ing needs, outdoor storage or use, or is not
hazardous to the health and safety of
( b n
surrounding areas through danger of .fire
star ovided,that unen star-
or explosion.
age ofany m hall be screened
(C)
{} permitted Accessory Uses and Accessory
from c iew m adjacen pi
Buildings:
re
{ii) Locksmith shops.
(1) Electric transmission or other public util-
ity lines and poles, irrigation channels,
(U) Nleat, poultry or seafood stares.
storm drainage facilities, and water sup-
{ - y
ply facilities, and other similar facilities.
(11) Music stores.
(2) Residential uses in commercial zones shall
(mm) Newsstands (for the sale of news -
be allowed under the following conditions: ;
. papers, magazines, etc.).
(a) Residential use shall be allowed only
(nn) Notions stores.
on a floor other than the ground
floor, or if allowed on the ground
(oo) Office supply [stores].
floor, restricted to the rear half ofthe
(pp) Optical stares.
building.
(qq) Paint and wallpaper stares.
(b) Residential dwelling density shall
{rr) Pet stares.
not exceed one (1) dwelling unit for
each five thousand (5,000) square
(ss) Picture framing (shops(.
feet of lot area.
(tt) Plumbing and heating supply stores
(c) Residential dwelling units shall be
and shops, but not including contrac•
no less than five hundred (500) square
tars' Storage yards.
feet each.
(uu) Shoe stares.
(d) Parking shall be supplied at the rate
(v Sporting goods stares.
of one (1) Space per three hundred
(vrw) Stationery Stares.
(300) Square feet of floor area.
(xx) Television, radio, small appliance re-
(e) Where it is intended to convert an
existing residential structure either
pair and service (shops].
partially or wholly to a commercial
Mores. `
use, then commercial development
(zz) 'Toy stores.
standards shall be applied for par -
(aaa) Video rentals.
ing, landscaping and residential buff-
ering. Any changes to building floor
(31) , ges, privy s---
area shall fully comply with all com-
bxZ" -
mercial development standards.
(3) Theatres (excluding drive -ins).
{f) No new residences as a primary or
{33} , Any Similar use which, in the opinion of
principal use shall be allowed.
the zoning administrator, or upon appeal
{3} Outside display or Storage subject to the
of his decision, of the board of adjustment,
fallowing:
would be compatible in character and
(a) Merchandise, material or stack for
impact with other uses in the district,
sale or rent may be displayed or
♦• 4
§ 26-19
W Front setbacks for dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
4-4-
one (1) or more of the following uses:
(1) Art galleries or studios.
(2) Banks, loan and finance offices,
EMMHMEIM�M
W MWRO; M.
VMN
Him
(8) Medical and dental offices, clinics or lab-
oratories.
(9) Offices, general administrative, business
and professional.
(10) Parkin- of automobiles of clients, pa-
0
tients, patrons or customers of the occu-
pants of adjacent commercial districts.
WIM
EMMHMEIM�M
W MWRO; M.
VMN
Him
(8) Medical and dental offices, clinics or lab-
oratories.
(9) Offices, general administrative, business
and professional.
(10) Parkin- of automobiles of clients, pa-
0
tients, patrons or customers of the occu-
pants of adjacent commercial districts.
0
z
M•* r�
IM
�5-6
2 6~21 WHEAT RIDGE CITY CODE
Sec. 26 -21. Restricted Commercial District
(4) Stores
for retail trade, limited to two
(R - C).
thousand
(2,000) square feet or less for
the
amount of building space devoted to �.
(A) Intent an Purpose :µThis district is estab --
any one (1) or combinations of the fallow "
lished to accommodate various types of office uses
1ng
retail spac
performing administrative, professional and per-
(a)
Apparel and accessary stares.
sonal services, and t o provide for a limite range
of retail uses which are neighborhood oriented. It
(b)
Bakeries, retail.
is the intent that general retail uses that serve
(c)
Bicycle stores.
the community or region, wholesaling, warehous-
(d)
Book stores, newsstands, stationery
ing, industrial, and uses which require outside
and card stores.
storage or display be prohibited, since these uses
are incompatible with other uses in this district.
(e)
Business machine or computer stores.
(f)
Cam era and photographic service and
(B) Permitted Principal Uses: No building or
supply stores.
land shall be used and no building shall be
(g)
Candy, nut and confectionery stores.
hereafter erected., converted or structurally al-
tered unless otherwise provided herein except for
(h)
Dairy products stores.
one (1) or more of the followin uses:
(i)
Delicatessens.
(1) All uses permitted in the Restricted Com
0)
Floral stores,
mercial - One District as "permitted prin-
(k)
Garden supplies stores.
cipal uses. "
(1)
Gift, novelty or souvenir stores.
(2) Service establishments as listed below:
(m)
Hubby and craft stores.
(n)
Jewelry stores. �
( enric�..�arhi rt`
e any item permitt r sale
(o)
Music stores.
in this dis r`i I v kere all items
(p)
Notions stores..
for rent or lea ate coma in
(q)
Office supply stores.
buildin aside storage and dis-
(r)
Optical stores,
are prohibited.
(s)
Faint and wallpaper stares.
(d) Interior decorating shop.
(t)
Pet stares.
(e) Locksmith shop.
(u)
Picture framing [shops].
(f) Shoe repair.
(v)
Shoe stares,
g ar clothing
(g) Tailoring, dressmaking,
w)
Sporting goods stares.
' alteration shop.
(x)
Stationery stares.
" (h) Watch and ,jewelry repair.
a (3) Stores for retail trade as listed below:
()
Eby Stares.
' (a) Antique store; provided, however, that
(aa)
Television, radio, small appliance re-
no more than two hundred (20200)
pair and service [shops].
square feet of building area shall be
(bb)
Video rentals.
allocated to repair.
(5) Small animal v eterinary ho and 4
(b) Retail grocerylconvenience stare, lim-
clinics where there are not outside pens or
it ed to five thousand (5,000) square
runs
for dogs.
feet or less for the amount of build-
(6) Any
simil use which, in the opinion of
iig space devoted to retail use.
the zoning administrator, or upon a ppea l
9 03 F "
ff
LOCATION MAP
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3
CITY • WHEAT RIDGE
TO: Planning Commission
DATE OF MEETING: December 17, 1998
DATE PREPARED: December 11, 1998
CASE NO. & NAME: WZ-98-17/RTD
CASE MANAGER: Martin Orner
REQUEST:
Approval of annexation and zoning
LOCATION:
4695 Ward Road
APPLICANT(S)
Regional Transportation District
OWNER(S):
Regional Transportation District
1600 Blake Street
Denver, Colorado 80202
— — ----- — — --------- — ------- — ----- — - — -----------
APPROXIMATE AREA:
8 Acres
PRESENT ZONING:
County Zoning: A-2, Agriculture; C•1, Commercial; PD,
Planned Development (mini-storage)
PRESENT LAND USE:
Public transportation park-and-ride facility
SURROUNDING ZONING:
North: Planned Development (County); South: Interstate
70; East: Ward Road, then A-1, Agricultural-One; West:
PD, Planned Development
SURROUNDING LAND USE:
North: Medical Center; South: Interstate 70; East: Open
space/undeveloped; West: Cemetery
COMPREHENSIVE PLAN FOR THE AREA:
Three Mile Plan(North Plains Community Plan): Retail,
Office, Industrial and Residential (up to 15 units per acre).
DATE PUBLISHED:
December 3, 1998
DATE POSTED:
November 25, 1998
JURISDICTION:
All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case
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Martin Omer - Planning staff
Planning Commission Page 2
WZ-98-16
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Lawom,
Robert Rynerson-Regional Transportation District
Tom Currigan- Kaiser Permanente
Michael Wright-Mount
The following items were discussed:
III. CRITERIA ]FUR EVALUATION
ZONING:
Exhibit -B is the legal description of the property proposed for zoning while Exhibit C contains the proposed
list of permitted and prohibited land uses for the property. Staff has the fallowing comments regarding the
criteria used to evaluate a zone change application:
1. That the existing zone classification currently recorded on the official zoning maps of the City
Planning Commission Page 3
WZ -98 -l6
uses. The existing Jefferson County zoning, which will be superseded • City zoning,
Agriculture; C-1, Commercial-One and PD, Planned Development. Staff s finds that:
4. That the proposed zoning is compatible with the surrounding area and there will be
minimal adverse impacts considering the benefits to be derived.
The property is bordered on the south by Interstate 70, on the east by Ward Road then open
undeveloped land, on the west by Mount Olivet Cemetery and on the north by the Kaiser
Permanente medical facility. The existing park-and-ride facty land use, combined with the
Exhibit C I ermitted andjrohibited uses, are compatible with the surrounding, area and will have
minimal, if any, adverse impacts on the surrounding area.
5. That there will be social, recreational, physical and/or economic benefits to the community
derived by the zoning.
The following benefits to the community will be achieved as a result of the proposed annexation
and zoning:
a. Economic benefits. Should future development of compatible and complementary
land uses occur, as specified in Exhibit C, the City would collect all applicable
taxes generated ♦ the development.
b. Physical benefits. The City will gain regulatory control of land uses allowed on
the property.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the
zoning, or that the applicant will upgrade and provide such where they do not exist or are
under capacity.
;ervice ag ater, sel-77T.Tell7flone, etc.) can provrVe service
Any future development • the property will be required to construct improvements associated
with the development, as well as any required site specific drainage facilities, if necessary, and
an� utility extensions,
Planning Commission Page 4
WZ-98-16
(21-�
9. That the zoning will not r to adjacent or
nearby areas. I
The applicant • staff have produced an annexation agreement.
zoning the . presented in Exhibit of ,
restrictions. will contain the same exhibit and
The agreement incorporates, verbatim,
The ordinance zoning the properties
Planning Commission Page
WZ -48 -16
IV. AGENCY REFERRALS
Responding With Concerns:
In a memorandum dated October 21, 1998, the Public Works Department submitted the following
comments:
Wheat Ridge Parks and Recreation Commission in a memorandum dated October 22, 1998, t1i
Commission notified the Planning Department of their motion as follows:
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Prospect Recreation District in a letter dated November 6, 1998, the Recreation District states that while
not opposed to the annexation • the property, it concerned about the removal of the property from the
District. The landowner has not indicated an intent to seek exclusion from the District.
Wheat Ridge Police Department in a memorandum dated October 10, 1998, the Police Department
gubmitted comments which are summarized as follows:
Fairmount Improvement Association in a letter dated November 6, 1998, the Improvement Associati
states their concerns relative to the Mount Olivet Cemetery solitude and the loss of revenue for the
Prospect Recreation District. I
Planning Commission Page 6
WZ-98-16
Jefferson County in a letter dated November 5, 1998, the County submitted the following comments:
Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, glare, smoke, and
the presence of hazardous materials and waste.
Responding Without Concerns:
City of Wheat Ridge Department of Public Works in a memorandum dated October 7,1998, the Public
Works Department submitted the following comments:
Because Ward Road is a ' State Highway, there is no impact to Public Works. All maintenan]
operations and capital improvements are performed • CDOT. Access and all plan review f
Ward Road impacts must be approved by CDOT.
City
• Arvada
Valley Water District
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Metro Wastewater Reclamation District
Scientific and Cultural Facilities Distric!
Jefferson County Planning Department
Public Service Company
U.S. West Communications
TCI of Colorado
Wheat Ridge Post Office
Fruitdale Sanitation District
Jefteo Health Department
Wheat Ridge Building Division
Jeffco County Commissioners
Wheat Ridge Forestry Don
Regional Transportation District
Denver Metro, Major League Baseball Dist-.
Staff concludes that the proposed zoning of the property to C- 1, Commercial-One (with restrictions)
meets the corresponding City zoning review criteria and that the proposed land uses are considered
appropriate for the property. No negative impacts from the zoning are anticipated. Therefore, staff
recommends approval of the zoning change.
Option A: "I move that Case No. WZ-98-17, "A request to rezone certain property known as the
Regional Transportation District Ward Road Park-and-Ride Facility, with an address of 4695 Ward
Commercial-One, pursuant to Section 26-22 of tile Wheat Ridge Code of Laws, with
restrictions provided in Exhibit "B", • recommended to the City Council for APPROVAL for the
following reasons:
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Planning Commission Page 7
WZ-98-16
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2. There would be no significant negative impacts as a result of the zoning.
3. The zoning is consistent with the City's Three Mile Plan.
Option B: "I move that Case No. WZ-98-17, "A request to rezone certain property known as the
Regional Transportation District Ward Road Park-and-Ride Facility, with an address of 4695 Ward
iw Road, C-1, Commercidl-One, pursuant to 26-22 of the Wheat Ridge Code of Laws, with
restrictions provided in Exhibit s recommended to the City Council for DENIAL for the following
reasons:
1. The proposed zoning is not consistent with the City's rezoning criteria.
2. There would be significant negative impacts as a result of the zoning.
3. The zoning is not consistent with the City's Three Mile Plan." t
CABarbara\PCRPTS',WZ99-17,WPb
Planning Commission Page 8
WZ-98-16
Legal Description WZ98-17 (RTDJ
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f 26-22
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(e)
V .-e to truck-tractors or s �4
Ms a conditional use.
(6) Banks, loan and finance qTices, 11*11
(7) Child care centers.
Gliaw'
Supp, INO. IS 1730
C-11
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(26) Service establishments as listed beloa
(b) Blueprinting, photostatic copying, and
other similar reproduction services;
however, not including large print-
ing, publishin '-and/or book binding
establishments.
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( dd ) Jewelry stores.
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(c)
Residential dwelling units shall be
F less than five hundred (500 square
feet each.
•
be supplied at the rate
of one r« per a ^r
1i ) s quare feet of rr
(e)
Where it F "r t co nvert
resi existing
.. rtially or r to a co mmercial
c ommercial use, then develop
stan dards shall be applied for pa
ing, lan dscap i n g M res •
t o bu • •
area s co m-
mercial deve
N o new res p rimary
pr use s be a
(3) Outside display or storage subject to the
Merchan or s
sale or F. displayed
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3 26-19
dwelli W Front setbacks for red uced
portions #
W Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the
front property line. All other accessory buildings not listed shall have a minimum front setba
(Or N o . •# # r # 1 4,1 2 - 13 - 93 ; ! N o . 1996-1048 § 10 10-14-96
erecte (B) Permitted Principal Uses: No building or
land shall be used and no building, shall be
hereafter conver o r
one or • o f
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(2) Banks, loan and finance offces.(J *
cial, marital, deve t
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Tail dressmaking or r
alterati Rs
(g) Watch i jewelry repair.
Re si de ntial i • h omes f or # r
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E=ossory 30(P) and section 26-5, Definitions.)
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Supp, No. 1S 1722
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26 -21 WHEAT RIDGE CITY CODE
(4) Stores for retail trade, limited to two
Sec. -21. Restricted Commercial District
(R -C).
thousand (2,060) square feet or less for
(A) Intent and Purpose :Mis district is estab-
the amount of building space devoted. to
any one (1) or combinations of the follow-
lished to accommodate various types of office uses
ing retail space;
performing administrative, professional and per-
sonal services, and to provide for a limited range
of retail uses which are neighborhood oriented. It
(b) Bakeries, retail.
is the intent that general retail uses that serve
ores.
the community or region, wholesaling, warehous-
ing, industrial, and uses which require outside
(d) Book stores, newsstands, stationery
storage or display be prohibited, since these uses
and card stores.
are incompatible with other uses in this district,
() r compu r s ores.
M Camera and photographic service and
(B) Permitted Principal Uses No building or
supply stores.
land shall be used and no building shall be
hereafter erected, converted or structurally al-
(g) Candy, nut and confectionery stores..
tered unless otherwise provided herein except for
- - pr`odirc ores.
one (1) or more of the following uses:
(i) Delicatessens.
(1) All uses ,permitted in the Restricted Cam-
Q) Floral stores.
mercial -One District as "Permitted prin-
Al tores. —
opal uses. "
(2) Service establishment as listed below:
(l) Gift, novelty or souvenir stores.
(.al �r+rs
"stVres:�
tami+ +rtsnrn ea
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(n) Jewelry stores.
(
(n) Music star
se any item permute r sale
7buildin s dis` -i► re�all items
(p) Notions stores.
t or lea a comas a �,,
�. -$ e "supple stores:-
tside storage and dis-
(r) Optical stores.
are prohibited.
����wallpaper-stores.
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(u) Picture framing (shops).
(f) Shoe repair,
(g) Tailoring, dressmaking, or clothing
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alteration shop.
(x) Stationery stores,
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(h) Watch and ,jewelry repair.
(3) Stores for retail trade as listed below;
(
(aa) 'Television, radio, small appliance re-
rA
t oo (2 02 00)
pair and service (shops(.
;sq f wildin � area
(bb) video rentals.
repair.
ry ospit s and r
(b) Retail grocery /convenience store, lim="
ited to five thousand (6,000) square
e'er -cki
feet or less for the amount of build-
(6) Any similar use which, in the opinion of ,
ing space devoted to retail use Q f
the zoning administrator, or upon appeal
supp, too. 19 1726
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