HomeMy WebLinkAbout02/19/2004Minutes of Meeting
February 5, 2004
1. CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair
McNAMEE at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West
29th Avenue, Wheat Ridge, Colorado.
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sampallmmy
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John McMillin
Marian McNamee
Phil Plummer
Paula Weisz
Kevin Witt
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A. Case No. Z- 03 -1 An application submitted by Marc Cave for approval of a
rezoning from Residential One C (R- I C) to Residential Three (R-3) for property located
at 3281 Chase Street.
This case was presented by Travis Crane. He revie the staff report and digital presentation.
All pertinent docw-nents were entered into the record and accepted by Chair McNAMEE. Staff
recommended approval of the application for reasons outlined in the staff report.
Mr. Crane entered a letter dated February 31, 2004 into the record from T. Baldwin Yager, 3287
Chase Street, Wheat Ridge and provided copies for the Commissioners. The letter expressed
Mr. Yager's opposition to the application and was made a part of the official record.
Commissioner McMILLIN asked why the applicant was applying for R-3 zoning rather than R-
2. Mr. Crane explained there was an abundance of R-3 zoning in the neighborhood and,
further, R-2 zoning would require a variance to lot size in order to build a duplex.
Commissioner McMILLIN expressed concern that R-3 would indeed allow the owner to build
a duplex; however, if the owner purchased an adjoining lot, he could build a multi-family unit.
Approving this application could be a back door for buildings with greater density.
Commissioner McNAMEE commented that she thoUgnt Mere was provisioll III ule Oftr"tu
prevent consolidation of lots for this purpose. Mr. Crane commented that, in the case of
purchase of an adjoining lot, it would be necessary to rezone the adjoining lot.
In response to a question from Commissioner McMILUN, Mr. Cave stated he did not know
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unfeasible to build a single-family home.
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February 5, 2004
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February 5, 2004
Commissioner PLUMMER stated that he would vote against the application based on
nonconformance with the Comprehensive Plan and addition of more rental property in the city.
There is an existing water/sewer tap and a single-family dwelling could be built on the
property.
Commissioner McMILLIN stated that the only reason to vote in favor of the application is one
of economic benefit to the developer who is part of a national corporation with many resources.
The developer didn't look into zoning on the property or the condition of the foundation at the
time they began their project. He suggested that the developer could seek a rezone to R-2 and
request a variance in order to build a duplex.
it was 77717TV11 3 t 'NZMTTV , -
application based upon (1) nonconformance with the Comprehensive Plan; and (2) the
developer has created a self-imposed hardship. The motion passed 5-0.
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This case was presented by Alan White. He reviewed the staff report. Staff recommend
approval of the resolution with changes outlined in the staff report. i
In response to a question from Commissioner WEISZ, Alan White explained that a plan needs
to be in place under state statute in the event of any future annexation. These are only
suggested land uses. If and when annexation occurs, it would still be necessary to adhere to the
city's PID, PCD, etc. regulations.
Commissioner McMILLIN asked if the intergovernmental agreements would include
restrictions on flagpole annexations. Alan White replied that this is something that could be
addressed in the agreements.
Commissioner McMILLIN expressed concern about public hearings for people who are not
citizens of Wheat Ridge who would be affected by the amendments. Alan White stated that
there were public hearings in Jefferson County.
Commissioner McNAMEE expressed concern about the economic viability of annexing large
residential areas which require additional city services.
It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to
adopt a resolution adopting amendments to the City of Wheat Ridge Comprehensive Plan
with an amendment that density cannot exceed two dwelling units per acre in the
Fairmount area.
It was moved by Commissioner McMILLIN and seconded by Commissioner WEISZ to I
amend the motion to eliminate from the plan everything south of 32 "d Avenue and west (I
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February 5, 2004
Youngfield. The motion passed 4-1 with Commissioner PLUMMER voting no.
Alan White commented that this would create anew category of SF-2 (Single Family not to
exceed 2 dwelling units per acre).
The amended motion passed by a vote of 5-0.
C. Case No. ZOA-03-17 (continued from December 4,2003): An ordinance amending
Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of
development approval.
It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER that
Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and
Development Code regarding the expiration of development plans, be forwarded to City
Council with a recommendation of approval for the following reasons:
The motion passed 5-0.
8. OLD BUSINESS
There was no old business to come before the Commission.
9, NEW BUSINESS
10. COMMISSION REPORTS
There were no commission reports.
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February 5, 2004
COMMITTEE AND DEPARTMENT REPORTS
There were no committee and department reports.
12. ADJOURNMENT
It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to
adjourn the meeting at 9:05 p.m. The motion passed unanimously.
Marian McNamee, Chair
Ann Lazzeri, Recording Secretary
Planning (f rrmi
February 5, 2004
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City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
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FROM: ?Meredith Reckert
This Case is: - Quasi-judicial X . Legislative
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Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding
planned developments.
On September 4, 2003, Staff discussed proposed amendments to the planned development
district regulations with Planning Commission. At that meeting, a motion was made to amend
the regulations as proposed by staff with the following changes.
I Regarding Section 26-311 B., there be a limitation of gross floor area not to
exceed 10,000 square feet.
2. Following paragraph A of Section 26-311, the following words be added: "and all
property owners who may be impacted by the proposed amendment to the final
development plan.
Attached is staff s original memo
• Planning Commission. Attached also are the minutes from
the September 4 meeting as well as minutes from the December 4, 2003, where there was
intermingled discussion regarding both the expiration of plan approvals and the issue of old
development plans inconsistent with today's development standards. Staff has had additional
time to discuss and consider other changes as outlined below.
Changes proposed for the Commission's consideration are shown in bold. Deletions are shown
The following revisions are being proposed as shown on Exhibit 1:
• References to "subdistrict": References to planned development "subdistricts" have
been modified to "planned development district categories" (page 1).
PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated
into the categories of identified planned developments within the city (page 1). No
changefrom original PC review.
Lot coverage: The definition citation and specific requirements for lot coverage have
been removed from the different planned developments design standards (pages 3, 4, 5, 7,
changefrom original PC review.
Commercial use conditions in the PRD district: Mixed-use developments are more
appropriately addressed through PMUD applications. For this reason, staff is
recommending the commercial use conditions be removed from the PRD zone district
regulations (page 3). No changefrom original PC review.
Residential use conditions in the PCD district: Mixed-use developments are ma
appropriately addressed through PMUD applications. For this reason, staff is
recommending the residential use conditions be removed frorn the PCD zone distri
regulations (page 5). No changefrom original PC review. I
Planned Hospital District: Independent living units have been added as an allowed use
in the PHD district, (page 6) The allowed residential density has been corrected from 21
units per acre (old standard) to 16 units per acre (current standard) (page 7). No change
from original PC review.
o Planned Mixed Use District: The residential density standard has been corrected by the
elimination of required commercial parking from the density calculation. This revision is
consistent with the original ordinance adopting the PMUD district No change
from original PC review.
Similar use determinations: Staff has modified the appeal body from Board •
Adjustment to Planning Commission. The use determination is memorialized by a
recorded affidavit of amendment to the outline development plan (page 10).
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Removal of preliminary plats: The subdivision process was modified last year by
elimination of the preliminary plat step. This change is consistent with that legislation (p.
10). No change front original PC review.
Neighborhood meeting: The word "referral" has been removed and the applicant is
required to provide a notice of the neighborhood meeting. It is standard procedure that
representative of the planning division staff attends and prepares a synopsis of the
meeting that becomes a part of the file (page I ]) I
Outline development plan submittal requirements: Item f (list of adjacent property
owners) has been removed from the applicant's submittal requirements. Planning
division staff researches and provides the adjacent owner list (page I 1)
Outline development plan contents: "Typical" lot sizes has been replaced with
44 minimum" lot sizes (page 13). No changefroin original PC review.
Planning Commission Certificate: The Planning Commission certificate for both
outline and final plan document certifications has been revised (pages 14 and 18). No
changefrom original PC review.
Time limit for mylar recordation: Staff is recommending that the time limit for
recordation of mylars for outline and final development plans be extended from 30 to 60
days with the opportunity for one extension (pages 15 and 19). No change front original
PC review.
• Final development submittal requirements: Item d. (list of adjacent property owners)
has been removed from the applicant's submittal requirements. Planning division staff
researches and provides the adjacent owner list (page 16). Item f. has been expanded to
allow the discretionary requirement for submittal of civil engineering plans (page 16),
Final development plan contents: The last sentence in each items c. and d, of Section 2
have been stricken as they are redundant (page 16).
Final development plan contents: The requirement for typical floor plans as part of the
final development plan package has been removed (page 17). The "owner's certification"
has been modified by the removal of the words "and plat" as it is a requirement in the
code that these documents be separately recorded (page 18). No changefrom original
PC review.
Expiration of final development plans: The existing one-year expiration period for all
development plans is located in section 26-107. Staff is recommending that the
expiration period for both outline and final development plans be eliminated. The outline
plan stage is the zoning step and the corresponding odp document should remain in effect
in perpetuity. Staff is recommending that the expiration of final development plans be
dictated by the development schedule required on the fdp. If the terms of the
development schedule oil the fdp are exceeded, an amendment will be required (page 20),
Application of standards: A previous discussion with Planning Commission at the
December 4 meeting related to dealing with old development plans that do not meet
today's standards. After more discussion at the staff level, we have recommended that if
an old outline plan does not meet today's standards, a proposed final development plan
can be consistent with that approval and the former, smaller standards (page 20).
Amendments to development plans: The Community Development Director has the
authority to approve final development amendments administratively if certain criteria are
met.
Example scenario: A particular outline development plan designates minimum
landscaped coverage to be 20%. The final development plan has been approved with
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28% landscaped coverage. The owner would like to displace some landscaping to install
an additional handicapped parking space. The resultant reduction of landscaping is 3%,
bringing the proposed total to 25%. Under this provision, the Director could approve the
reduction as the landscaping coverage still exceeds the original 20% required by the
outline development plan.
Increase in land area devoted to a particular use: Another common practice in other
cities is to allow administrative approval of a change of land area devoted to a particular
use (i.e., residential versus commercial), All of the cities canvassed had a limitation of
not more than a 10% change, (page 22, item 1 0). No char: gefrom original PC reviem
"I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat Ridge
Code of Laws regarding planned development, be forwarded to City Council with a
recommendation of APPROVAL for the following reasons:
1. It alleviates redundant language.
2. It extends the time limit for mylar submittal.
3. It addresses time limits for outline and final development plan expiration.
4. It allows more flexibility for administrative approval of final development plan
amendments".
Exhibits:
1. Proposed Revisions
2. Original memo to Planning Commission dated August 29, 2003
3, Minutes of Planning Commission meeting dated September 4,20
4. Minutes of Planning Commission meeting dated December 4,201
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City of Wheat Ridge
Chapter 26
Article 111. Planned Development District Regulations
Planning Commission — February 19, 2004
9-04-03 PC recommendations incorporated
I I # 03 A !• 1
2, Planned Commercial.: evelopment--PCD D.
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By creating the above subdistfiets, zone district categories, the city council recognizes
that these subdis4fiets zone district categories may exist singly or in combination within
any approved planned development,
Tr arnentmem TT an exisfrng "I evelopment
C. The intent of the Planned Development District is to permit the establishment of
well-designed, innovative developments which may not be permitted by a standard zone
district, which may be pennitted through the use of an approved
development plan by assuring greater control and specificity of intended development
character, use, operations and maintenance, while at the same time allowing flexibility
and diversity. This district recognizes the great variety of land use intensities, densities,
and environmental and land use interfaces which are possible. The general purposes of
this section are as follows:
I To accomplish compatible development with adjacent commercial,
residential and/or industrial land uses through proper land use transitions
and buffering techniques.
2. To promote flexibility in design and permit diversification in the location
of structures.
To promote the efficient use of land to facilitate a more economic
arrangement of building, circulation systems, land use and utilities.
4. To preserve, to the greatest extent possible, the existing landscape features
and to minimize impacts on other natural features of the site.
5. To provide for more usable space through the combination and grouping
of structures, parking, loading and storage areas.
6, To combine and coordinate architectural styles, buildingforms
building relationships within the planned developments, I
7. To minimize traffic congestion on public streets, control street access, and
to provide for well-designed interior circulation.
To ensure that adequate public utilities and facilities are available within
the area, to serve the specific development.
9 To promote conformance with the adopted comprehensive plan, established
policies and guidelines for the area and for the community.
A. Area: No minimuirf.
C. Height Maximum thirty-five (35) feet,
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-J-. A The requirements of this sectiA n shall not apply to impose a density requirement
of less than twenty-one (2 1) units per acre, with respect to the reconstruction of
residential dwelling in the PRD district, where such structures and their reconstruction
meet all
• the following requirements:
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The structure is located upon a lot which does not meet the then-applicable
minimum lot area and/or minimum land area per unit requirements for
such proposed reconstruction; and
I Such reconstruction is restricted to replacement of the structure which has
been destroyed.
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New construction where no replacement of a preexisting structure takes
place; or
I Reconstruction of structures which were not legally in existence (as
distinguished from legal nonconforming structures).
K-. 1. All planned residential developments shall meet the residential site design
standards of article V. unless specifically varied on the outline and flual, development
plan.
6 1 A planned residential development shall be required for any mobile home park
and must meet the standards for mobile home park design in section 26-506.
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1-. G. A Planned Commercial District shall be used to establish any proposed
recreational vehicle park.
A. Area: Each Planned Industrial Development District shall be minimum of one (1)
acre.
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W G. All planned industrial developments shall meet the industrial performance
standards set forth in section 26-505.
A Allowable uses, The following uses hereinafter listed shall be permitted only as
specifically designated on the approved final development plan:
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4. Accessory uses and structures customarily associated with the permitted
uses as shown on the approved final development plan.
B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except
as provided below.
C. Lot width. Two hundred (200) feet minimum.
I . Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The
intent is
• provide a minimum twenty-five- foot landscape buffer adjacent
to residential zoned property.
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I Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story.
The intent is to provide a minimum twenty- fi ve-foot landscape buffer
adjacent to residential zoned property.
Hospital buildings: Fifty (50) feet maximum, except as follows:
a. Sixty-five (65) feet where the lot on which the building is to be
constructed is at least fifty (50) acres in size.
b, Additions attached to existing hospitals may be built to a height
not to exceed the height of the existing building.
I Residential: Thirty-five (3 5) feet maximum.
4. Accessory: Thirty-five (35) feet maximum.
14. G. Landscaping:
1. Minimum twenty-five (25) percent overall site requirement.
2. Twenty- five-foot landscape buffer required along property lines adjacent
• residential zoned property,
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A, Applicability. This zone district shall be used only in the mixed use areas shown
• the Streetscape Classification Map in the Streetscape and Architectural Design
Manual adopted January 11, 2002, as amended.
C. Permitted uses. Permitted uses shall be a mixture of residential and commercial
uses governed by approval of the outline development plan,
D� Area. No minimum.
E. Height. Maximum fifty (50) feet for freestanding commercial buildings only;
thirty-five (35) feet for structures containing commercial and residential uses; thirty-five
(35) feet for freestanding residential structures.
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A Definition. A similar use is a use which would be similar in size, type of
ol services i ed or e*uipment used, number of emLcdope-es--vna)6A-mm-f
operation and which would:
Be compatible in character and impact with permitted uses in the planned
development,
2. Be consistent with the intent of the planned development,
I Not
• objectionable to nearby property • reason of odor, dust, fumes,
gas, noise, radiation, heat, glare, vibration, traffic generation, parking
needs, outdoor storage or use, and
4. Not be hazardous to the health and safety of surrounding areas through
danger of fire or explosion.
B. Similar use determination process. Any use which is not specifically listed as a
permitted use in a planned development, district is allowed only under the following
procedure:
property owners by letter notice and posting of the site for ten (10) days
that a similar use is requested for the property, The notice and posting
shall contain a description
• the proposed similar use and a copy of
Ordinance 1200, series 2000.
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2. If no written objection to the proposed similar use is received and the
planning and development director finds that the proposed similar use
meets the definition of similar use contained in section (a) above, the
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COMM rr� director is
authorized to approve the similar use.
C. Recordation, If approved, the similar use shall be recorded as an affidav
C Outline development plan. An applicant shall submit an outline development ple
for approval of a change • zone to a Planned Development District. The outlin i
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and written information • layout, uses and intended character of the development,
I . Submittal requirements.
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Complete and notarized application.
e. Power of attorney from owner(s) where an agent acts on behalf of
the owner(s).
Names, addresses, telephone numbers of architects, surveyors, and
engineers associated with the preparation of the plans.
h. g. Additional information maybe required, including, but not limited
to, drainage study and plan, grading plan, geological stability
report, traffic impact report, floodplain impact report, or general
environmental impact report,
b. Character of development. A written description of the general
character of the development and • the objectives to be a I
C. The existing topographic character of the land at a contour interval
of two (2) feet if the slope is less than ten (10) percent and five (5)
feet if the slope is greater than ten (10) percent,
d. General indication of areas to be landscaped.
C. Property boundaries as per accompanying legal description.
f, Existing and proposed lot lines, easements and rights-of-way on
and adjacent to the site.
& Adjacent zoning, land use, streets, streams, etc.
h, Location of all existing streets, alleys, easements, drainage areas,
irrigation ditches and laterals within and adjacent • the site.
i. Location of all proposed streets, alleys, easements, drainage areas,
parks, and other areas to be reserved or dedicated to public use.
k. Any significant vegetation or land use features within or adjacent
to the site which may influence development.
1. When located within a regulated 100-year floodplain, designati
of areas subject to a I 00-year flood shall be provided, Both the
floodway and flood fringe areas shall be shown, Development
within 100-year floodplains, including fill or excavation, is
regulated by article VIII. I
in. Scale (no less than one (1) inch equals one hundred (100) feet) and
north arrow.
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11. Small-scale location map as an inset which shows the subject
property centered within a quarter-mile radius.
P. A general indication of the expected utilization of the land and a
list of uses to be permitted in the development.
q. Legal description (metes and bounds) of total site, including area,
r. Project data for the entire site and including, by phase, building
area and percent, paved area and percent, landscape area and
percent, number of lots, tWieal minimum lot sizes and
dimensions, net density, gross density, etc.
S. Development time schedule by phase.
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I The outline development plan shall be recorded with the Jefferson County
Clerk and Recorder and, therefore, must meet their requirements for
recordation.
4, The following certifications, in addition to the required surveyor's
certificate, shall also be placed upon the outline development plan:
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Subscribed and sworn to before me this _ — day of
Witness my hand and official seal
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My commission expires _.
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- day of
W MOMM! OMS M 20:1 a
Approved this _ day of by the Wheat Ridge City
Council,
City Clerk
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page _, Reception No.
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C. City council hearing. The city council shall hold a public hearing
pursuant to public notice as required by section 26-109. The city
council shall approve, approve with modifications or deny the
application,
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'Illig W14 Nut; 'tcSir sctdini 1,01 1 tual Unvullival *1 out; k 1) 01 Ilium PJIUSUN 01 a
proposed development.
Submittal requirements:
MEMEI�
b. Proof of ownership, such as copies of deeds or title commitment.
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Power of attorney from owner(s) where an agent acts on behalf of
the owner(s),
e-. d. Names, addresses and telephone numbers of architects and
engineers associated with preparation of the plans and plat.
f e. Copies of proposed agreements, provisions, covenants,
condominium declarations, etc., which govern the use,
maintenance and continued protection of the planned development
and any of its common areas andfacilities, and which will
guarantee unified control.
L Additional information may be required, including, but not limited
to, geological stability report, traffic impact report, civil
engineering plans, floodplain impact report or general
environmental impact report.
Forrn and content of the final development plan. The final development
plan shall be consistent with the approved prAiff4awy outline
development plan. The final development plan shall be drawn at a scale
of no less than one (1) inch to one hundred (100) feet and contain the
following.
a. Legal description of the entire planned development, and if the
final development plan is for only a portion of the site, a legal
description of that portion of the site included within the final
development plan.
b. Location, extent, type and surfacing materials or all proposed
walks, malls, paved areas, turfing and other areas not be covered
by buildings or structures.
c. Location, size, type, height and orientation of all
d. A landscape plan which provides location, type, size and quantitilq
of all existing (to remain) and proposed plant material and other
landscape features and materials. Common and botanical names
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all plant materials shall be indicated. Location and type of
irrigation system shall be indicated, Am a
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e. Location, extent, types of materials and height of all walls and
fences.
f. Exterior lighting devices; type, height, location and orientation.
9. Location, extent, maximum height, number of floors and total floor
area of all buildings and structures.
h, Total number of dwelling units. 40�d 4ypie44466f�ohms fof
i. Elevations and perspective drawings of all proposed structures and
improvements, indicating architectural style and building
materials. The drawings need not be the result of final architectural
design but of sufficient detail to permit evaluation of the proposed
structures.
k, Indication of all proposed uses for all buildings, structures and
open areas. Outside storage and display areas must be indicated if
proposed. Description of any proposed temporary or interim uses
of land or existing buildings prior to development in accordance
with the approved final development plan,
1. A development schedule indicating the approximate date on which
construction of the project can be expected to begin and
approximate dates when construction will be completed. If a
multiphased project, indicate times for each phase.
M. The final development plan (and plat) shall be recorded with the
Jefferson County Clerk and Recorder and, therefore, must meet
their requirements far recordation.
3. The following certifications, and approvals, in addition to the required
surveyor's certificate, shall also be placed upon the final development plan
(and plat):
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Signature of Owner(s) or Agent(s)
Witness my hand and official seal.
NOTARY SEAL
I IL IIQIZAMLN�
maxLe "I
Approved this _ day of by the Wheat Ridge City
Council.
EVINMI
City Clerk
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This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page _, Reception No. -.
b Planning commission hearing. Planning commission shall hold a
public hearing pursuant to the requirements of section 26-109. The
planning commission shall recommend to city council approval,
approval with modifications, or denial stating the reasons for
action.
C. City council hearing. Upon receipt of the planning commis°,
, mendation city council shall hold a public hearing pursuant
to the requirements of section 26-109. City council shall approve,
approve with modifications or deny the application.
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B. The supplementary regulations of article VI apply to uses and activities within
planned development districts, unless otherwise provided in the approved final
development plan.
C If the o opment plan does not address a particular
development standard, the standard of the zone district which most closely matches the
planned development as detennined by the h�41 ;f
P-1�1�18-#- Oftye'4
dilli���t director shall be used.
D, The owner of any property who or which feels aggrieved by such determination
may appeal the determination pursuant to the provisions of section 26-11 S.
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All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval,
R Based upon showing • necessity therefore, minor changes in the locations •
structures and their accessory uses, fences, parking areas, landscaping and other site
improvements may be permitted as an "administrative amendment" by the
such changes will not cause any
the following circumstances to occur: I
Change in the character of the development,
2. Increase in the intensity (or density) of use.
Increase of the problems of circulation, safety and utilities.
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S. Increase in maximum building height.
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6. Reduction in the originally approved setbacks from perimeter property
lines.
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"04#qu of landscape
yards or
authorized 9. Increase in the gross floor area of structures beyond the
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Sec. 26 -312. interim use.
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City of Wheat Ridge 1
rt 4
Community Development Department (OF-
TO: Planning Commission
FROM: Meredith Reckert
SUBJECT: Case No. ZOA-03-141Planned Development District Regulations
DATE: August 29, 2003
PMUD: The Planned Mixed Use Development (PWD) district has been incorporated into
the categories
• identified planned developments within the city (page 1).
Lot coverage. The definition citation and specific requirements for lot coverage have been
removed from the different planned developments design standards (pages 2, 4, 5, 7, 8).
Landscaping, parking, fences and walls and signage: The language relative to these
design standards has been reworded. These revisions do not reduce the requirement, but
recognize that there can be flexibility in application based on the desi&qi features of a specific
planned development district through the outline and final plan approval processes, This
revision affects all five
• the planned development districts (pages 2, 3, 4, 5, 6, 7, 8, 9),
Commercial use conditions in the PRD district: Mixed use developments are more
appropriately addressed through PMUD applications. For this reason, staff is
recommending the commercial use conditions be removed from the PRD zone district
regulations (page 3).
Residential use conditions in the PCD district: Mixed use developments are more
appropriately addressed through PMUD applications. For this reason, staff is recommending
the residential use conditions be removed from the PCD zone district regulations (page 5).
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Planned Hospital District: Independent living •units have been added as an allowed use in
the PHD district. (page • The allowed residential density has been corrected from 21 units
per acre (old standard) to 16 units per acre (current standard). (page 7)
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Planned Mixed Use District: The residential density standard has been corrected by the
elimination of required commercial parking from the density calculation, This revision is
consistent with the original ordinance adopting the PMUTD district (page 8).
Removal of preliminary plats: The subdivision process was modified last year by
elimination • the preliminary plat step. This change is consistent with that legislation (P.
10).
Outline development plan contents: "Typical" lot sizes has been replaced with
4 iminimum" lot sizes (page 13).
Planning Commission Certificate: The Planning Cornmission certificate for both outline
and final plan document cerlifications has been revised (pages 14 and 18).
Time limit for mylar recordation: Staff is recommending that the time limit for
recordation of mylars for outline and final development plans be extended from 30 to 60 days
with the opportunity for one extension (pages 15 and 19).
Final development plan contents: The requirement for typical floor plans as part of the
final development plan package has been removed (page 17). The "owner's certification"
has been modified by the removal of the words "and plat" as it is a requirement in the code
that these documents be separately recorded.
Expiration of final development plans: A provision for expiration of final development
plans has been incorporated into the planned development regulations. The existing
provision is currently located in section 26-107 and provides a one-year expiration period.
Staff is recommending the expiration period be extended to three years.
Amendments to development plans: The Community Development Director has the
authority to approve final development amendments administratively if certain criteria are
met.
Reduction of landscaping: Staff is recommending that the administrative approval
authority be applied to landscaped coverage in very limited situations. The director could
approved an amendment to reduce the amount of landscaping from the original final plan
approval as long as it'would not reduce the landscaped area to an amount less than the
requirement on the original outline plan.
Iq
Increase in gross floor area: Staff is recommending that the Community Development
Director • authorized to approve increases of gross floor area of no more than 10%. This is
allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada,
Lakewood). (page 2 1, item 9)
Increase in land area devoted to a particular use: Another common practice in other
Cities i tv—all,*—w
(ie, residential versus commercial). All of the cities canvassed had a limitation of not more
than a 10% change. (page 2 1, item 10)
reguiations, De Torwarded to City Council with a commendation ot'4 PPR( VAL for the followi
reasons: I
I . It alleviates redundant language.
2. It extends the time limit for mylar submittal,
1 It extends the time limit for final development plan expiration,
4 It allows more flexibility for approval of administrative final development plan
amendments."
M
7. PUBLIC HEARINGS
A. Case No. WZ-02-13 fcontinued from August 21, 2003): An application filed by
Melody Homes, Inc. for approval of a Planned Residential Development final
development plan for property located at 10285 Ridge Road.
B. Case No. WS-02-01 (continued from August 21, 2003): An application filed by
Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at
10285 Ridge Road.
A request was made for continuance of the Final Development Plan and Final Plat to the next
Planning Commission meeting. Staff recommended approval of this request.
It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that
Case No. WZ-02-13, a request for approval of a final development plan, and Case No,
WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located
at 10285 Ridge Road, be continued to September 18,2003. The motion passed 6-0 with
Commissioners DAVIS and PLUMMER absent.
C. Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge
Code of Laws concerning cost recovery for construction of cerlain public
improvements.
This case was presented by Meredith Reckert. She reviewed the staff report which contained
an ordinance prepared by the city attorrieys office regarding future cost recovery for required
improvements. It would allow developers who install public street and drainage improvements
to be reimbursed from a subsequent developer who benefits from the original construction of
these public improvements, Staff recommended approval of the ordinance.
1. It will allow developers to be reimbursed for construction of improvements that
benefit others.
September 4, 2003
It was moved E y Commissioner BERRY and seconded by Commissioner McMILLIN that
Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and
Development Code regarding planned development district regulations, be forwarded to
City Council with a recommendation of approval for the following reasons:
1. It alleviates redundant language.
2. It extends the time limit for mylar submittal.
3. It extends the time limit for final development plan expiration.
4. It allows more flexibility for approval of administrative final development plan.
It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that
Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the Zoning and
Development Code regarding the land use review process chart, be forwarded to City
Council with a recommendation of approval for the following reasons:
MM
1. That wording in footnote #1 of the proposed review process chart be changed to
read: Iffive orfewer parcels, minor subdivision process applies. If more thanfive
parcels, major subdivision process applies.
TKIWITNO
Planning Commission
September 4, 2003
UM
Alan White explained that there are final development plans that are 30 years old where the
outline plan sets the standard for landscaping at 8% to 10%, The current requirement for
landscaping is 20%.
Commissioner McNAMEE asked how many old planned developments exist that have never
been developed. Alan White explained that most situations deal with the last one or two
buildings within an old planned development. He estimated there are probably two dozen of
these situations.
Commissioner PLUMMER suggested a requirement that, if not developed within a certain
number of years, the plan must be reviewed which would involve new application fees.
Commissioner STITES suggested a requirement that the application must be brought up to
Current code requirements after a certain time limit has passed.
Commissioner McMILLIN asked about an applicant's vested rights with prior development
approval. Alan White explained that the statutory limit for vested rights is three years,
However, a developer could come in and request a vested rights agreement but such agreement
would have to be reviewed and approved by City Council.
Commissioner PLUMMER expressed concern that large projects sometimes take longer than
three years to prepare for construction and drainage, roadway and other conditions could
change during that time. Alan White explained that notices of any such changes in Planned
Developments are given to the owners or developers of surrounding properties.
Commissioner McMILLIN suggested a provision to shift amenities such as landscaping
according to changes that have taken place since the initial approval.
Commissioner McNAMEE asked if there were time restrictions for a developer to begin or
complete his project. Alan White stated that there is the one-year restriction to begin building.
He noted that a provision in the code adopted two years ago stated that building needed to
begin within one year of adopting the code or their approval would expire. No notice to owners
was given of this requirement. No one responded to this action.
Commissioner McMILLfN suggested a survey of other municipalities regarding their
regulations. Meredith Reckert stated that she checked with other municipalities and found th
most have a three-year limitation on final development plans. She didn't check to see what I
Page 3
art r
• Alan White reported that the December 181h planning Con - nnission agenda will include RV
regulations.
Meredith Reckert reported that the interview process has begun to fill the planner
technician vacancy.
10. COMMISSION REPORTS
There were no commission reports.
Ilk 0 !!!! 11'� � I I lill� lillil
12. ADJOURNMENT
It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to
adjourn the meeting at 7:55p.m. The motion passed unanimously.
Ann Lazzeri, Recordine&lretary
Ma Q
[KOMEIT& t i
z=
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
FROM:
, Meredith Reckert
SUBJECT: Case No. ZOA-04-O l /Neighborhood Commercial Uses
WMM=
Attached are revisions to the commercial and industrial use chart relative to the NC,
Neighborhood Commercial zone district.
On November 6, 2003, Staff discussed proposed changes to the commercial use chart with
Planning Commission in regard to NC uses. Attached are copies of minutes from November 6,
2003. The proposed changes have been incorporated into the chart as recommended by Planning
Commission.
Changes proposed for the Commission's consideration are shown in bold. Deletions are shown
in S4
ikeflftfetfgx'x
The existing use chart has been amended as follows:
I . Banks, loan and finance offices have been changed from permitted uses to special uses,
2. Newsstands were removed from the category of bookstores, newsstands, stationery and
card stores as they are listed separately as a permitted use.
3. Nonresidential counseling clinics and offices were changed from permitted uses to special
uses.
4. Medical and dental clinics and laboratories were changed from permitted uses to special
uses.
5. Paint and wallpaper stores were removed as special uses in the NC zone district.
6. Tailoring, dressmaking and clothing alteration businesses were changed from not
permitted to permitted uses. This modification also amends this use classification in the
RC zone district from not permitted to permitted uses.
The intent and purpose of the Neighborhood Commercial zone district is "to provide a
reasonably compatible transition between residential and more intensive commercial land uses.
It provides for residential scale, neighborhood-oriented professional offices and services which,
by their nature and through design limitations, will promote neighborhood stability and protect
neighborhood values and character".
As staff was preparing the list for the NC zone district, issues considered were appropriateness
for businesses serving a neighborhood and potential impacts to nearly residences.
"I move that Case No. ZOA-04-01, a proposed amendment to Chapter 26 of the
Wheat Ridge Code of Laws regarding the commercial and industrial zone district use schedule,
be fom to City Council with a recommendation of APPROVAL for the following reasons:
I . It alleviates a redundancy relative to newsstands.
2. It modifies the classification of high traffic generating uses such as banks and
medical offices from Permitted uses to special uses,
3. Less impactive uses such as tailoring and dressmaking have been added as
permitted uses."
1. Commercial and Industrial zone district use schedule with amendments
2. Minutes of Planning Commission meeting dated 11/06/03
N
is • • �s
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esta blishments
I, i �I II 1 W III •!. II
!
r
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I runs for •.g no
crem
MEN ..
t
t.. d ng area s
be allocated to
re
f hllll IMI
r Fo
r
•
«
� a cc essor y s tore s
•` i
Art galleries or
' stu dio s
• t
'Auto service, repair
,and maintenance
.. mino
'Auto service, repair
and maintenance
� sh ops , QiE
:. .: +.. t
ih omes
R
X * NG
•
r
w
photostatic copying ILarge
printing,
f other similar
publishing an d/or
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.w
r '
Uses
Notes
NC
RC
C -1
G•2
f
See Footnote
Boat, recreational
Seems § 26-628
S
S
S
vehicle and trailer
sates, rentals and
service
Bod art
S
S
establishments
See Footnote 1
S
P
P
P
P
�'06d card
Building contractor's
See § 26 -629
S
P
P
service shop and
storage yard
incidental to an
officelshowroorn
principal use.
Business machine or
See Footnote 1
S
P
P
P
P
titer stores
Butcher shops and
EXCLUDING:
P
P
P
food lockers
Food processin
Cabinet and
S
woodw orkin2 shops
Camera and
See Footnote 1
S
P
P
P
P
photographic service
and suppl stores
Candy, nut and
See Footnote 1
S
P
P
P
P
con fectionn stores
Caretaker residence
Only one (1) unit
P
P
P
P
for caretaker or
manager
Carpet cleaning and
S
Lumigatin
Carting, express,
hauling or storage
yard
Car wash, automatic
S
P
P
Gar wash, coin
S
P
P
rated
Caterers
P
P
P
Day care center,
P
P
P
tar
Day care center,
P
P
P
small
;,
-1, C- & 1
PS
P
P
P
P
Ie u
INCLUDE:
erttt
Residential
c lioci
f acilities,
NC & RC
Or
EXCLUDES:
oriS
Residential
f acilities
A LL districts
INCLUDE:
Counseling and
treatment for
substance abuse
and alcoholism
09
Uses
Notes
NC
RC
C -1
C -2
{
Cold storage plant
P
P
Commercial machine
S
P
P
shops
Community buildings
e,g.: YMCA's,
P
P
P
P
P
YWCA's,
churches, libraries,
parks, museums,
aquariums and art
alleries.
Construction and
See § 26-629
P
P
heavy equipment
sales, service, rental
and story e
Contractor's plant or
S
, s!ZM and
Dai products stores
See Footnote i
S
P
P
P
P
Day care tinter and
'
P
P
P
preschools, large
Day care center and
P
P
P
preschools, small
Department or variety;
P
P
P
stores
Drug stores
P
P
P
Eating
S
S
S
S
S
establishments, drive
thry h
Eating
S
P
P
P
P
establishments, sit
down
Electric transmission
S
S
and public utility
substations
Electrical motors and
S
armature regrinding
sho s
Electrical supplies
EXCLUDING:
P
P
P
and service
Contractors
storage yards
Equipment rental
Subject to § 26-
P
P
P
P
agencies
628; in RC District:
Outside storage
any display
prohibited
...Exterminators
P
P
P
P
Farm equipment
See § 26-628
P
P
sales, service and
star
Floral shops
See Footnote 1
S
P
P
P
p
Furniture stores
p
P
P
Garden s2ea stores
See Footnote 1
S
P
P
P
P
Gift, novelty or
See Footnote 1
S
P
P
P
P
souvenir stores
I
Uses
Notes
NC
RC
C_1
C»
Golf courses
INCLUDES:
P
P
P
Private clubs,
restaurants and
lounges, driving
ranges, and those
uses commonly
accepted as
accessory thereto
when located on
the same premises
Governmental and
No outside storage
P
P
P
P
P
quasi- governmental
buildings and offices,
fire stations or public
utillt buildings
Governmental and
Outside Storage
S
S
S
P
P
quasi-governmental
buildings and offices,
fire stations or public
utility buildin s
Greenhouses and
See § 26-624
S
S
P
P
P
landscape nurseries,
retail
Greenhouses and
See § 26 -624
S
P
P
landscape nurseries,
wholesale
Grocery or
See Footnote 1
P
P
P
P
P
convenience stores,
no as pum s
Grocery stores which
See Footnote 1
S
S
S
P
P
may include no more
than 1 gasoline
service island with no
more than 2
rfispensin2 pumps
Hair, nail and
P
P
P
P
P
cosmetic services
Hardware stores
See Footnote 1
S
P
P
P
P
Hobby and craft
See Footnote I
S
P
P
P
P
stores
Home furnishing
P
P
P
stores
Nome improvements
P
P
P
su stores
Hotels or motels for
' There shall be
S
S
S
transient occupancy.
1,000 square feet
of gross lot area
for each unit
Ice plants
P
P
Indoor amusement
e.g.: Roller ricks,
P
P
P
and recreational
bowling alleys,
enterprises
arcades and
similar uses
Indoor flea markets
PROHIBITED;
P
P
P
Outdoor flea
markets
Interior decorating
S
P
P
P
P
strops
Itinerant sales
See § 26 -6311
S
S
M
Uses
dotes
NC
RC
C -t
G2
t
JeweJ2 stores
See Footnote 1
S
P
P
P
P
Kennels
S
Laundry and dry
S
S
P
P
P
c leaning shops
Laundry and dry
P
P
P
P
P
cleaning pick up
stations
Leather goods and
P
P
P
lu2LaLe stores
Linen supply
P
P
P
Liquor stores
P
P
P
Locksmith shops
P
P
P
P
P
Lumber yards and
unenclosed
P
P
P
building supply stores
storage of any
materials shall be
screened from
view from adjacent
properties and
streets
Manufacture of
PROVIDED: An
S
vaccines, serums and
antidote exists and
toxins
is readily available
for such vaccine,
serums or toxins;
and approval of
such manufacture
is received from
the state
department of
health and the
county health
de partment
Manufacturing,
See § 26 -505; §
P
P
processing,
26.631 and § 26-
assembly, or light
123, definitions
industrial operations
Manufacturing,
fabrication and /or
processing of
concrete products
Meat, poultry or
See Footnote 1
S
P
P
P
P
seafood stores
M tai
Pharmacies and
PS
P
P
P
P
` or
optical stores are
ra
accesLory use
Mini- warehouses for
P
P
inside stor
Mobile or modular
See § 26-628
S
S
homes or building
sales
Mortuaries and
S
S
S
crematories
Mot fueling stations
S
P
P
Motorcycle sales and
See § 26- 628
P
P
P
service
Music stores
See Footnote 1
S
P
P
P
P
I
Uses
Notes
NC
RC
C -1
C•2
!
Newsstands
For the sale of
P
P
P
P
P
newspapers,
m azines, etc.
Office supply stores
see Footnote 1
S
P
P
P
P
Offices: General
P
P
P
P
P
administrative,
business and
professional offices
Ctptical stores
See Footnote 1
S
P
P
P
P
Outdoor amusement
S
P
facilities
frrt'
See Footnote 1
S
P
P
P
P
Parking of
P
P
P
automobiles of
clients, patients and
patrons of occupants
of adjacent
commercial districts
Parking of not more
See § 26 -619;
S
S
S
than 3 commercial
26 -123, definitions
truck - tractors andlor
semi- trailers
When in
conformance with
he parking design
standards set forth
in § 26 -561
It is not intended
that such parking
limitations shall
apply to pickup
and delivery trucks
normally
associated with
business
operations
Pawn shops
Pet stores
See Footnote 1
S
P
P
P
P
Pharmacies
S
P
P
P
P
Picture framin shops
See Footnote 1
S
P
P
P
P
Plumbing and heating
EXCLUDING:
P
P
P
supply stores and
Outdoor storage
shops
yards
Printing, engraving
and other related
production Eames
Private clubs, social
P
P
P
clubs, bingo parlors
and similar uses
Psychic advisors and
S
S
S
P
similar uses
Research
P
P
laboratories, offices
and other facilities for
research
Uses
Notes
NC
RC
C -1
C-2
I
Residential group
P
P
P
P
P
and nursing homes
and congregate care
facilities for 6 to 8
elderl persons
Residential group
S
S
S
and nursing homes
and congregate care
facilities for 9 or more
elderIx persons
Residential group
S
S
S
home for children
Residential uses in
Such residential
P
P
P
P
P
existence on 3,
uses may be
extended,
enlarged, andlor
reconstructed so
long as no
additional dwelling
units are created
Residential uses in
See § 26 -626
P
P
P
P
P
commercial zones
Rooming and
S
S
P
P
P
boardinghouses
RV, boat, trailer and
See § 26- 628
P
P
travel trailer storage
Sales, repair, rental
P
P
and servicing of any
commodity that the
manufacture,
fabrication,
processing or sale of
which is permitted in
the district
Schools for industrial
Conducted entirely
S
S
or business training,
within an enclosed
including vocational
building
trade or professional.
schools
Schools: public;
INCLUDES: Those
S
S
S
P
P
private colleges and `
uses commonly
universities
accepted as
necessary thereto
when located on
the same premises
Shoe repair shops
P
P
P
P
P
Shoe stores
See Footnote 1
S
P
P
P
P
Shops for custom
See § 26 -631; §
P
P
work or for making
26 -632
articles, materials or
commodities to be
sold at retail on the
premises
Sporting goods
See Footnote 1
S
P
P
P
P
stores
Stone cutting or
P
P
polishing works
N
Uses
Notes
NC
RC
C -1
-2
Studio for
P
P
P
P
P
professional work or
teaching of fine arts,
photography, musk,
drama or dance
T 4 ft
P!
P
P
P
P
,y �g pp : y y}yyyy
Taverns, night clubs,
P
P
P
lounges, private clubs
and bars
Television, radio,
See Footnote t
S
P
P
P
P
small appliance repair
and service shops
Temporary Christmas
See § 26-627
P
P
P
P
tree, produce and
bedding plant sales
lots
Theatres, indoor
P
P
P
Tobacco stores .
See Footnote 1
S
P
P
P
P
To stores
See Footnote 9
S
P
P
P
P
Transit station, public
S
S
S
o r private
Upholstery shops
P
P
P
Video rentals
See Footnote t
S
P
P
P
P
Warehousing and
See § 26-631
P
o utside storage
Warehouse /office
Maximum 75 °fa
S
P
P
total area as
warehouse;
minimum 25% as
total area as office
Watch and jewelry
P
P
P
P
P
repair shops
Woodworking or
See 26.632
S
P
P
carpentry shops for
the making of articles
or sale upon the
premises, such as
cab inets or custom
- f urniture
..
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts.
• ♦ ! ♦ • e M r! - T OM "
s ■ r
• -t �. • r r w • �. •- ^t
r d within tte same building
f R
S pec ial
Commissioner McMILLIN stated that he felt it was important to address excess window
signage which can cause problems with police enforcement when they are called to an
establishment and are unable to see inside the building before going in.
A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and
McNAMEE absent.
Commissioner McMILLIN requested staff to prepare a report presenting options for the
regulation of lights and lighted signs in regard to illumination spread off the property, intensity
of illumination and white backgrounds, There was a consensus of the Commission to make
this direction to staff. Ms. Reckert replied that it would be many months before this could be
researched and prepared.
Commissioner WITT suggested that staff look into regulations concerning banners that are
affixed to buildings. Some are attached by one comer to the building and extend across
parking lots, etc.
Commissioner McMILLIN pointed out that newsstands are presently listed in two categories:
(1) bookstores, newsstands, stationery and card stores are a special use; (2) newsstands alone
are a permitted use. He suggested that newsstands be removed from the list for special use. He
also believed tailoring, dressmaking or alteration shops should be a permitted use as they have
a low impact on a neighborhood.
Dairy stores and small bakeries were discussed. Suggestions were made that dairy stores
should be permitted if under a certain square footage and small bakeries should be a permitteil
use.
(Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 835
P.m-)
i 11
I&LUMalsigao
EM