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HomeMy WebLinkAbout12/05/20023. PLEDGE OF ALLEGIANCE Planning Commission Page l November 7, 2002 a 'Commissioner McMILLIN suggested that Mr. Homberger look into the possibility of obtaining a variance to build his shop and garage, 7. PUBLIC HEARING A. Case No. ZOA-02-06: Ordinance amending Section 26-204 of the Wheat Ridge Code of Laws pertaining • changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors. The case was presented by Alan White. He reviewed the staff report and noted that Planning Commission had requested that only one type of business be considered at a time. Tattoo parlors are being addressed at this meeting. Pawn shops and psychic advisors will be addressed at the November 21 meeting. R aPresearcn incucatea MaT orner j urisuicuous VVII L bUt; MCLU • 11W regulations for tattoo parlors. Commissioner SNOW questioned the reasoning that tattoo parlors should not be located in neighborhood commercial districts. Commissioner McNAMEE commented that she could not see a problem with tattoo parlors. John Slaughter 675 Santa Fe Drive Mr. Slaughter is the proprietor of Tribe Tattoo. He stated that he learned Sacred Skin tattoo parlor is closing so that his establishment is now the only tattoo parlor in Wheat Ridge. He requested that his business be grandfathered in. In response to a question from Commissioner PLUMMER regarding age requirements, Mr. Slaughter stated that he follows Denver's regulations. His establishment does not tattoo under the age of eighteen. Infants' ears may be pierced with parental consent. Basic piercings are performed for age thirteen and above. MIMMAW 9M Commissioner McNAMEE offered a friendly amendment that spacing restrictions be measured from property Ime to property line as it is in other spacing restrictions in the city. MM A vote was taken on Commissioner SNOW's motion. It passed 6-1 with Commissioner McMILLIN voting no. B. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Rid Code of Laws pertaining to parking in residential areas. i This case was presented by Alan White. He reviewed the staff report and the ordinance which contained suggestions submitted by the Planning Commission at the previous hearing on this matter. He submitted photographs taken, by staff around the city showing examples of various combinations of recreational vehicles. He also submitted information regarding surrounding communities' regulations concerning recreational vehicles. Commissioner MeMILLIN asked which problems are most pressing with citizens of Wheat Ridge. general appearance, neighborhood impacts, lot overcrowding, or relative visual scale. Alan White replied that he wasn't sure that one problem was more pressing than another but that it depends on the circumstance. Commissioner McMILLIN asked how many complaints regarding RV parking have been received by the Planning Department. Alan explained that these complaints go to code • t but his office received three calls within the last week in favor of regulating RV parking. No calls vvere received in opposition to the regulations. - Commissioner SNOW questioned the reason for the inclusion of unattached pick-up campers in the ordinance. Alan White replied that it was due to concern that several campers might be stored on the property. In response to a question from Commissioner McMILLINI, Mr. White explained that the Board of Adjustment cannot allow variances in relation to storage of RV's. Commissioner NOW stated her concern about relating the number of RV's to the size of the lot. Commissioner COOPER asked if this would present an enforcement nightmare. Alan White Isk coverage. Planning Commission Page 4 November 7, 2002 collection In responseto a question from Commissioner SNOW, Alan White stated there is presently no allowance in the code for the Planning Commission Page 5 November 7, 2002 (Chair WEISZ declared a brief recess at 9:45 p.m. The meeting was reconvened at 9:55 pm.) Commissioner PLUMMER stated his opinion that as long as vehicles are not kept in the front yard, and they are screened, the number of vehicles shouldn"t matter. . Commissioner MicMILLIN stated that he would vote against the inotion because Planning Commission would be neglecting its responsibility by forwarding the ordinance to City Counci'i with no recommendations, Commissioner McNAMEE withdrew her motion. Commissioner McMILLIN expressed concern that storing vehicles cannot be addressed through the variance procedures. Alan White explained that the Planning Commission could make a provision for the Board of Adjustment to hear cases concerning the parking of recreational vehicles. Plannino 0 Commission Page 6 November 7, 2002 Commissioner McMILLIN reported that he was unable to attend the Lakewood Planning Commission open house. However, he did learn that Lakewood's new COMPLAN has no land use changes planned on the northern border that would affect Wheat Ridge, but, rather addresses procedural changes for their development review process. N= Alan White stated that they were not allowed to cut the trees down and he has not had time to look into the situation any further, Commissioner McNAMEE stated she would like to amend the bylaws, under rule no. 6, as to Ila, - ' 6r&1A *WW" It was moved by Commissioner NOW and seconded by Commissioner PLUMMER that we waive the rules regarding having a written rule change at the meeting at which we vote and, at the next meeting, we have in our packet a written rule change changing the time to elect a Planning Commission chairman to no later than the end of March. The motion carried. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to adjourn the meeting at 10:45 p.m. The motion passed unanimously. Paula Weisz, Chair Ann Lazzeri, Recording Secretary ZM CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting November 21, 2002 ORDER 1. CALL THE MEETING TO order The regular meeting of the Wheat Ridge Planning Commission was called to by WEISZ at ! 0 p.m., November 21, 2002, Building, ♦ Colorado. Commission 2. ROLL CALL s Kevin Witt Staff Members Present. Alan White, Planning Director Meredith Reckert, Sr. Planner Ann Laz eri, Recording Secretary Following is the official set of Planning Commission minutes for the public hearing of November 2 1, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AG It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to approve the order of the agenda. The motion passed 7-0. 1« : Application filed by Herb Fightmaster for approval minor • property * « 4 located at Planning Commission Page 1 November 21, 2002 This case was presented by Meredith Reckert, She entered all pertinent documents into the record which were accepted by Chair WEISZ and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval, of the case for reasons outlined in the staff report. Commissioner SNOW asked if staff contacted the ditch company. Ms. Reckert and the • -QanJdtAv*twe,,..vermission from the ditch company is not required. Herbert Fightmaster 11641 West 44"' Avenue Mr. Fightmaster, the applicant, was sworn in by Chair WEISZ. In response to a question from Commissioner SNOW about water, he explained that lot I has city water, lot 2 is on a well, and a tap is available for lot 3. It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW to recommend approval of Case No. MS-02-06, a request for approval of a three-lot' subdivision on R-3 zoned property located at 1166, West 44' Avenue, 11641 West 44 Avenue and 4455 Simms Street, for the following reasons: 1. All minimum requirements of the R-3 development standards have been met exceeded. 2. All minimum requirements of the Subdivision Regulations have been met. 0��. W B. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes • the Table of Uses for the Commercial and Industrial Districts regarding psychic advisors and pawn shops. Planning Commission Page 2 November2l,2002 The motion passed 7-0. Alan White presented the pawn shop portion of this case. He reviewed the staff report which included information previously requested by the Commission. Commissioner SNOW expressed her concern about the high interest charged (up to 240% a year) by pawn shops. She made a request for the city attorney to look into whether or not the city is able to regulate the amount of interest charged. Alan White has contacted the city attorney who will research the matter. Commissioner McMILLIN asked Alan White what the prospects were for having more pawn shops locate in Wheat Ridge. Mr. White explained that there are five C-2 parcels in the city process. He further stated there have been no new applications for pawn shops during the pasl five years in which he has worked for the city. Commissioner MCMILLIN commented that people sometimes use pawn shops as a p ace to se items rather than obtain loans. Commissioner McMILLIN referred to a triple murder that occurred several years ago in the store on Wadsworth and asked if anyone knew the motive for this crime. Commissioner SNOW stated that she recalled from newspaper accounts that the crime had nothing to do directly with the pawn shop business. Robert McGhee 5940 West 38 Ih Avenue Mr, McGhee stated that he is a local merchant. He stated that when he was a contractor, he sometimes used pawn shops to pawn tools in order to make payroll. He stated that heavy state regulations prevent the use of pawn shops as places to dump stolen property. P Page 4 November 21, 2002 =fte MENEM-NMI ! [ . • rgw= 11111�111111111� 11111111111 rill 111111111111111 � I I 8. OLD BUSINESS 0 Commissioner PLUMMER inquired about trees which were removed from the Phillips 66 and from the cabinet shop at 41" and Kipling. Alan White replied that staff is looking into this matter and will initiation code enforcement. • Commissioner McMILLIN asked about the intensity of light coming from the Phillips 66 station. Alan White explained that since the light bulb is visible from the property line, it is a violation of code. Code enforcement will also address this issue. Meredith Reckert advised Commissioner McNAMEE that Foothills would receive a certified letter in the next few days regarding the pedestrian access to 47`' Place. The letter also expressed the city's concern about parking. �K[Vmllwlla Election of Planning Commission Chair - It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW that a recommendation be forwarded to City Council to change Planning Commission bylaws so that elections for chair and vice-chair are moved to coincide with new appointments to the Commission and that elections be held the first meeting after new appointments are made. The motion passed 7-0. that Paula Weisz continue as Chair and Nancy Snow continue as Vice Chair until new appointments are made to the Planning Commission. The motion passed 7-0. Commissioner McMILLIN asked when the position vacated by Jerry Collins would be filled. Commissioner McNAMEE stated that it was her understanding that City Council planned to wait to fill this position when all new appointments are made in March. 10. COMMISSION REPORTS There were no Commission reports. It. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner McNAMEE to adjourn the meeting at 9:25 pm. The motion passed 7-0. Paula Weisz, Chair Ann Lazzeri, Recording Secretary im City of Wheat Ridge Planning and Development Department Council has addressed #2 and #5 with the first reading changes. Items #1 and #3 are recommendations that appear not to need further discussion. This leaves the issue of the large motor homes. Questions to consider are: Attached are two examples of regulations that restrict the parking of large motor homes in residential areas; one from Denver and one from St. Louis Park, Minnesota. The vehicle siz used to set limitations are fairly consistent with our definition of major vehicle. I 111111 1 ill All I I ill 1 111111 I strongly encourage you not to entertain a grandfather clause. In order for grandfathering to be effective, we need to know what exists at the time the ordinance is passed. It would take a tremendous amount of time to inventory all existing recreational vehicles and trailers in the City. All recommendations concerning this ordinance are requested to be made at this hearing. This is the last opportunity to make recommendations under the 60-day limit for Council to refer matters to the Commission. CADocuments and SettingsWanNy DocumentskWPFiles\Projects\zoning amendme=\ry parking pe dec memo.doc INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. 36 Series of 2002 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING AND STORAGE OF VEHICLES IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEA RIDGE, COLORADO, THAT: 0 GEM53027\425590.01 E. Pickup truck-mounted campers and pickup truck shells, when mounted upon pickup trucks, are not subject to these parking restrictions except that such camper shall not be used for permanent or temporary living quarters. Nothing in this section will be construed to restrict or limit parking of any vehicle so described upon private GED\53027\425590,01 -2- Section 3. Section 15- 25 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (k) to read: Section 4. Ordinance No. 1265, Series 1 hereby repealed. GED\53027\425590.01 INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to on this 18th day • November, 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 9, 2002, at 7:00 o'clock pm., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Wanda Sang, City Clerk I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GED\53027r425590,01 -4- ZMEX= 2. The proposed parking area is located away from abutting residential structures and will have a minimal impact on the character of surrounding residential properties. M I OM • City of St. Louis Park, Minn. Sec. 36-162. Restrictions and performance standards. (b) Definitions, For the purpose of subsections (c)(8), (c)(9) and (c)(10) of this section, the listed terms are defined as follows: Back yard means the area between a line created by extending the rear face of the principal building and the rear lot line. Front yard means the area between a line created by extending the front face of the principal building and the street in front of the house. (4) All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single-family or two-family dwellings. (5) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall • provided where practically possible for all developments except developments of single-family or two-family dwellings. I Garages where the building dimensions exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from a lot line abutting an alley and five feet from any other lot lines. e. The total ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line and in the R-1, R-2 or R-3 districts and it shall not exceed 800 square feet. Except in the R-3 district, the total ground floor area of all accessory buildings shall not exceed either 1,200 0 & No accessory building other than a garage shall be located within three feet of any lot line abutting lots in an R district. h. Accessory buildings located less than six feet from a principal building on the same lot shall be considered part of the principal building for the purpose of applying provisions of this chapter. L Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. K Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal weent jhj ijiiij jid rear edgej jj Jig trailer bed, For the • umose • measuring length, all accessories, k6bi c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: 0 1. Any park. 2. Any abutting residentially developed property, 3. Any street which abuts the back yard. a. No more than three vehicles can be parked or stored outside an enclosed building at a single-family residence. For a duplex, six vehicles can be parked or stored outside. If there are more than three persons residing at a single-family dwelling who have valid state driver's licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this subsection shall not apply during snow emergencies. e. No more than one recreational vehicle which exceeds the size requirements in subsection (c)(8) of this section can be parked on a residential lot outside an enclosed building. No nonpassenger vehicle can be parked within five feet of an interior side lot line or rear lot line. nonpassenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361 (b)(3)1. Under no circ, urnstances can a nonpassenger vehicle which exceeds the size limitations in subsection (c)(8) of this section be parked in a front yard. (Code 1976, §§ 14:5-4, 14:5-4. 1; Ord. No. 2202-01, § 2, 8-20-200 1) 0