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Home My WebLink About02/20/2003N DATE: February 18, 2003 19 City of Wheat Ridge Planning and Development Depaftment Al OR Memorandum 4 TO: Planning Commission SUBJECT: ZOA-03-01/Dumpster regulations DATE: February 14, 2003 New language is shown in bold and deleted language is shown with st��s. RECOMMENDED MOTION: "I move that Case No. ZOA-03-01, a proposed amendment to Section 26-614. Trash Enclosure Screening Requirements. of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: L The proposed legislation clarifies language so that application of the regulations is easier. 2. The proposed legislation addresses temporary construction dumpsters and recycling dumpsters." ON"MMUCIMM A. Trash storage for all existing and new multi-unit dwellings, institutional buildings, all business and industrial buildings or uses and agriculturally-zoned properties shall be accommodated within the structure, or if located outside: I. Shall be located or screened so as not to be visible from a4jaill any public streets, and, I of4he-�� g . Shall he screened when located within one hundred (100) feet of any one- or two-family residential structure. MMMMMMM D. Screening is not required for clumpsters that are used exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. 6. PUBLIC FORUM There were none present to address the Commission °ng this rtion of the meeting. 7. PUBLIC HEARINGS 2.. 3. 4. Planning Commission Page February f, 200 In answer to auestionj from Cp could see no visual or other impact to having a 75-foot width on Harlan Street. The motion passed 6-0 with Commissioner McNA.MXE absent. imam L'ra�tiTff *f IA , 1. The Motio passed 6-0 with Commissioner McNA"MaNcht. IU MWO M. ISOM REMME Planning Commission Page 3 February 6, 2003 Chair WEISZ asked if there were any present who wished to address this matter. Don Petersen i n fees between that has It was moved by w W a SN�OW to 1. That City Council flind mechanisms to place surcharges, or nigher charges, 9. NEW BUSINESS • Commissioner SNOW requested that the list of uses allowed in neighborhood commercial zones be reviewed a t a future study session. She expressed concern that this list includes uses such as candy stores that probably shouldn't require a special use permit. There were no committee or department reports. Planning Commission Page February 6, 2003 12 . ADJOURNMENT Planni Commission Fags February 6, 2003 CITY OF WHEAT RIDGE TO: Planning Commission DATE OF MEETING: February 20, 2003 DATE P P _ D: eb ary 13, 003 CASE NO. & NAME: W - C13 -C)3/H ne &WV-03-01)'Heine CASE MANAGER: Michael Pesicka ACTION` STEIN: Approval of rezoning From Residential-One C (R -IC) to Conservation PRESENT LAND USE: Vacant land SURROUNDING ZONING: N, S. & `: Agricultural-One (A« 1): : Residential-Two (R-2) SURROUNDING NDINCA LA,ND USE N , &. W: Burgle merrily "a gricultural uses, P.<;Low— density residential COMPREHENSIVE VE PLAIN: Agricultural ultural Estate Residential (AE R) DATE PUBLISHED: February 6. 2003 DATE POSTED: February 6. 2003 DATE LEGAL, NOTICES SENT; February ti, 2003 ENTER INTO REC (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SLIDES 4 ) SUBDIVISION REGULATIONS (X) EXHIBITS i 1 OTHER Planning Commission Z -C) 3 -C)3 & 'V- 03 -()l /Heirie I 1. REQUEST The applicant is requesting approval of a rc�toning of property locate&at 4650 Parfet Street ftom Residential-One C (R-IC) to Conservation District, and approval of vacation of right-of-way for W. 46" Place running from Parfet Street to Oak Strect�Exhibit 1, Applic4rit 110MINUMMUMM The property in question is approximately 160,631 square feet in size and fronts on Parfet Street (west) and Oak Street (east) (Exhibit 2, Vicinity Map). It is currently platted as Lots 1, 2 and 3 of the Bush Subdivision, which was approved on April 30, 1960 by the Jefferson County Planning Commission. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on December 17, 2003. The following persons were in attendance: Planning Commission 2 WZ-03-03 & WV-03-01, Heine Agencies contacted but not responding: Fruitdale Sanitation, Xcel Energy, Brown & Baugh Ditch Company, AT&T Broadband, Qwest Communications, Wheat Ridge Police Department, Wheat Ridge Forestry Division. V. CRITERIA Planning Commission 3 WZ-03-03 & WV-03-01/Heine Currently, no existing utilities are in the right-of-way. Therefore, there may not be a need to retain a utility easement should the vacation be approved. Valley Water District currently has mainlines in Oak Street and Parfet Street, with stubs for private properties already in place. Based on the proposed conservation area, there is likely no need for future waterline easements through the property. VIL STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change is more consistent with the Comprehensive Plan than the existing zoning. The zone change will not negatively impact adjacent properties nor will it impact the supply of light and air to neighboring properties. The proposed zone change will not cause drainage problems nor will it cause traffic congestion in the area, Therefore staff recommends APPROVAL of Case No. WZ-03-03. Staff concludes that the proposed right-of-way vacation, is not in conformance with city's comprehensive plan, and that the vacation could hamper future emergency services. If the ROW is vacated, it should be done only if the zone change request is approved. Staff recommends DENIAL ref f Case No. WV-03-01, Case No. 'Z-03 -U3 Option A: 3, The change in zone will conserve numerous mature trees, and provide a noise buffer Option A: Planning Commission 6 WZ-03-03 & W`V-03-01 itleme " I move to recommend denial of Case No. WV-03-01, a request for approval of a right-of-way vacation for unused right-of-way for W, 46 Place, located between Parfet Street and Oak Street, for the following reasons: The requested vacation could hamper future emergency services to the neighborhood �. I have a certificate from the National Wildlife, Federation for "Backyard WildIffe Habitat Attached is a fist of trees and shrubs planted in the past 5 years to enhance this natural area, and a bird and wildlife Est that grows longer every year with , these improvements. List of fruit an Berry frees and Shrubs Planted to enhance natural wildlife habitat in last 5 years. All planted in large saes wid most xeric. Included, the amount of each. 90% on drip system. WILD LIFE SANCTUARY Birds, etc., that are seen or living on property. Enhancement of nesting birds with birdhouses (cavity nesters) l I F}::R.}` I I l. S Viceroy Skippers (several species) S ulcers Sphinx Moth Moth (several species) Cn Many species of native bees, honey bees in tree cavity — beneficial insects Praying Mantis Bull Snake Garden Snakes I known Lizard Fox tatnily Racoon Skunk Squirrel Mice Occasional Rabbit July 2002 -- Deer, remained for 3 weeks in woods um m n -1 m r A G� 2 1 OI z j >I BROYAJ 0 BOUGH DITCh fTC r z m. FND #4 REBAR R-15' AND CAP - 972 CALL. COMER ^+ 9 FEAR / ACTUAL COMM u M TRACT A 1 YR"T A PREPARED BY: ATLAS SURVEYING COMPANY, INC. 1955 W. 35TH STREET DENVER, COLORADO 80211 (303) 477 -7477 JOB NO. 12270 CHECKED MF 03/01/98 CALC. MF DRAWN DAM SURV. JEL/ WMF PIN AND 972 CALL. CM al z 0 0 0 Lo .a ° a cfl O 0 0 S 0 1. BASIS OF BEARINGS — CITY OF WHEAT RIDGE PUBLISHED LANDBASE. 0 2. THIS PLAT WAS PREPARED ON SEPTEMBER 17, 1997. 0 O 3. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES 0 C,; m ANY PUBLIC LAND SURVEY MONUMENT, OR LAND BOUNDARY �? MONUMENT OR ACCESSORY COMMITS A CLASS` 2 MISDEMEANOR FT1 C/) PURSUANT TO STATE STATUTE 18 -4 -508 CRS. S89 "51'28 "W 253.00' 2 4. _1N ACCORDANCE WITH CRS 13 -80- 105.3. — W m m NOTICE: ACCORDING TO COLORADO LAW YOU MUST oo COMMENCE ANY LEGAL ACTION BASED UPON ANY WEST 46TH PLACE DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY N DEFECT IN THIS SURVEY BE COMMENCED MORE THAN 10 YEARS FROM THE SAID DATE OF THE R _ CERTIFICATION SHOWN HEREON. 589'51'28 "W 264.00' R.15' SURVEYOR'S CERTIFICATION I, MICHAEL FEIGENBAUM, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR 0 IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS LAND SURVEY PLAT WAS PREPARED FOR KAREN HEINE AND THAT THE LEGAL DESCRIPTION SHOWN HEREON WAS OBTAINED FROM COLORADO NATIONAL TITLE, INC. o COMMITMENT NO. 51756, EFFECTIVE DATE JULY 3, 1997. EASEMENTS, WHETHER = OR NOT OF RECORD WERE NOT REQUESTED TO BE RESEARCHED OR SHOWN. v! = THIS LAND SURVEY PLAT REFLECTS THE RESULTS OF A SURVEY MAP F E BY ME C-) DURING THE WEEK OF AUGUST 18, 1997 AND THIS MAP PREPARED- FROM SAID m SURVEY IS TRUE AN Gf T T0. THE BEST OF MY KNOWLEDP.E'AND BELIEF. LOT 3 I FURTHER CERTIF '��OUNDARY CORNER WERE MOilENTED AS SHOWN, Z THIS PLAT IS iN�� TH THE REQUIREMENTS OF SECTION 38 -51 -102, CRS. ° THIS DOCUMENTS NOT SENT A TITLE SEARCH' PERFORMED BY ME AND /OR n ATLAS YI� 0 �+ MI AEL FEIGENBA�ffGff4flOt �� > COLORADO PROFESSIONAL LAND SURVEYOR NO. 29035 #5 SET DATE: 3 =1 e1998 �i�V, 3� 16-98 reV_i98 18" LONG PLASTIC CAP LS29035 e. ee 5 EASEMENT S89 "48'20 ° W 264.00' COUNTY CLERK AND RECORDER'S CERTIFICATE o Ln ACCEPTED FOR FRefNG IN THE OFFICE OF THE CLERK AND uj RECORDER OF JEFFERSON COUNTY THIS DAY OF L ,1998, AT O`CLOCK, —.M. JEFFERSON COUNTY CLERK AND RECORDER CENTER OF SECTION 21 BY: DEPUTY CLERK T3S, R69W C SHEET 1 OF 1 A RESURVEY OF BUSH SUBDIVISION z m 0 rZ m C v :U O a O m m � W fV o m -t —I VI J m rn m � ,'1 M W vT 0 R-15' AND CAP - 972 CALL. COMER ^+ 9 FEAR / ACTUAL COMM u M TRACT A 1 YR"T A PREPARED BY: ATLAS SURVEYING COMPANY, INC. 1955 W. 35TH STREET DENVER, COLORADO 80211 (303) 477 -7477 JOB NO. 12270 CHECKED MF 03/01/98 CALC. MF DRAWN DAM SURV. JEL/ WMF PIN AND 972 CALL. CM al z 0 0 0 Lo .a ° a cfl O 0 0 S 0 1. BASIS OF BEARINGS — CITY OF WHEAT RIDGE PUBLISHED LANDBASE. 0 2. THIS PLAT WAS PREPARED ON SEPTEMBER 17, 1997. 0 O 3. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES 0 C,; m ANY PUBLIC LAND SURVEY MONUMENT, OR LAND BOUNDARY �? MONUMENT OR ACCESSORY COMMITS A CLASS` 2 MISDEMEANOR FT1 C/) PURSUANT TO STATE STATUTE 18 -4 -508 CRS. S89 "51'28 "W 253.00' 2 4. _1N ACCORDANCE WITH CRS 13 -80- 105.3. — W m m NOTICE: ACCORDING TO COLORADO LAW YOU MUST oo COMMENCE ANY LEGAL ACTION BASED UPON ANY WEST 46TH PLACE DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY N DEFECT IN THIS SURVEY BE COMMENCED MORE THAN 10 YEARS FROM THE SAID DATE OF THE R _ CERTIFICATION SHOWN HEREON. 589'51'28 "W 264.00' R.15' SURVEYOR'S CERTIFICATION I, MICHAEL FEIGENBAUM, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR 0 IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS LAND SURVEY PLAT WAS PREPARED FOR KAREN HEINE AND THAT THE LEGAL DESCRIPTION SHOWN HEREON WAS OBTAINED FROM COLORADO NATIONAL TITLE, INC. o COMMITMENT NO. 51756, EFFECTIVE DATE JULY 3, 1997. EASEMENTS, WHETHER = OR NOT OF RECORD WERE NOT REQUESTED TO BE RESEARCHED OR SHOWN. v! = THIS LAND SURVEY PLAT REFLECTS THE RESULTS OF A SURVEY MAP F E BY ME C-) DURING THE WEEK OF AUGUST 18, 1997 AND THIS MAP PREPARED- FROM SAID m SURVEY IS TRUE AN Gf T T0. THE BEST OF MY KNOWLEDP.E'AND BELIEF. LOT 3 I FURTHER CERTIF '��OUNDARY CORNER WERE MOilENTED AS SHOWN, Z THIS PLAT IS iN�� TH THE REQUIREMENTS OF SECTION 38 -51 -102, CRS. ° THIS DOCUMENTS NOT SENT A TITLE SEARCH' PERFORMED BY ME AND /OR n ATLAS YI� 0 �+ MI AEL FEIGENBA�ffGff4flOt �� > COLORADO PROFESSIONAL LAND SURVEYOR NO. 29035 #5 SET DATE: 3 =1 e1998 �i�V, 3� 16-98 reV_i98 18" LONG PLASTIC CAP LS29035 e. ee 5 EASEMENT S89 "48'20 ° W 264.00' COUNTY CLERK AND RECORDER'S CERTIFICATE o Ln ACCEPTED FOR FRefNG IN THE OFFICE OF THE CLERK AND uj RECORDER OF JEFFERSON COUNTY THIS DAY OF L ,1998, AT O`CLOCK, —.M. JEFFERSON COUNTY CLERK AND RECORDER CENTER OF SECTION 21 BY: DEPUTY CLERK T3S, R69W C SHEET 1 OF 1 A RESURVEY OF BUSH SUBDIVISION ai wil section: benches, picnic tables and shelters; and wildlife observation *0�4ndpoornu not to include boat docks. FurtherunderC Prohibited Vses: Change the � language to rea d - $ c as Permitte orAccessory Uses by this Sectio are pro hibit e d 'wit . NEW BUSI ENIMMLIGMM� ' r . PUBLIC FORUM Where was no one to appear before the Commission . PUBLIC The a mended e p , MILLER absent. Planning Commission Page 2 July 19, 2001 CITY COUNCIL MINUTES: October 8, 2001 Page .4. CITY COUNCIL MINUTES: November 26, 2001 Page - 2 - Item ,2. Council Bill 23-2001 - An Ordinance amending Chapter 26 of the Code of Laws of Mr. Schneider will vote against this Ordinance because as written, there isn't adequate protection for the neighboring properties. Motion by Mr. Schneider for an arnendmen* *"a* Se:tion 1 5-23 will be applicable'. seconded by Mr. Mancinelli; tied 4-4 with Counc ;members Go�: e Mancineli!, Rotola, and Schneider voting yes, Mayor broke the tie by voting na %lotion, failed -5-4 Vote on original motion tied 4 wi*r E-dw ards, DlTullio, Hanley, and Figlus voting yes Mayor broke the tie by vot;n- yes % carried 5-4. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Section 26-221.5 Conservation District. a. Open space . Wildlife habitat C. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing a. Open n space CNB\5302 %3733 .0 -2- Via. Wildlife habitat C. Scenic view` corridors Section :3. S Clause, The City Council hereby finds, .determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of CNB\53027 \373 68..0 SIGNED by the Mayor on this 27th day of November x 2001, . a 111, 1 111 ill CN5\53027'k373368M -4- Respectfully submitted to the Planning o fission of the City of Wheat Ridge can February 0, 2003. ) 4,1 /f cA K ^Rner � � S£r p Petition Regarding Cases - 3 -03 and WZ -03 -01 Fags 2 cad` From 1pine Valley School February 8, 2003 February 8, 2003 RE , Planning & Zoning Case 9 WZ-03-031 To Whom It Mav Concern Thank vou for CnCOUraging Karl n I i el tic its her efforts It is for all cifusthat this conservation designation is needed Linda Sherman, 5108 Fio Street Golden. CO 80403 City of Wheat Widge Planning and Development Department TO: Planning Commission 'tp FROM: VMeredith Reckert SUBJECT: ZOA-03-01/Dumpster regulations DATE: February 14, 2003 Attached are the Community Development staffs recommended changes to the existing trash enclosure screening requirements of the Code of Laws (Section 26-614). The purpose of the revisions is to clarify the language, primarily for' enforcement purposes. Included in the revisions are exemptions for temporary construction dumpsters and recycling dumpsters. New language is shoWn in of and deleted language is shown with RECOMMENDED MOTION: "I move that Case No. ZOA-03-0 1, a proposed amendment to Section 26-614. Trash Enclosure Screening Requirements. of the Wheat Ridge Code of Laws, be C forwarded to City Council with a recommendation of APPROVAL for the following reasons: INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance 'loo. Series of 2003 TITLE: AN O RDINANCE AMENDING e AREA SCREENING. OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge has adopted regulations pert in to the screening of trash enclosures, and, WHEREAS, the,existing regulations are open to different interpretations; and, WHEREAS, , there are currently no provisions for temporary construction dumpst rs and recycling durnpters, OR DAINED BE IT O YTHE CITY COUNCIL OF THE CITY OF WHEAT RI DGE , 1 Section 1. Section. 26 -614 is hereby modified with the following language: Section 26-614. Trash�stora area screening- A. f or dwelling buil institutional buildings, all business and industrial screene zoned properties shall be accommodated within the structure, or if located outside: 4-T Shall be located or so as not t o be visible from ad p ublic streets, and 2. ..- hundred (100) feet of any one- or two-family residential structure. Section . ±,upersession Clause. If any provision, requirements or standard estabfisie this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. GERAL DAHL, CITY ATTORNEY C of Wheat Ridge f: » »? » : »» «»msj »fA \2 »<«y2: Memorandu TO: -� FROM: SUBJECT: � Reckert Case No. ZOA 3 2 \ / }f � \� INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL DESIGN OVERLAY DISTRICT (ADO) OF TIJEWHEAT RIDGE CODE OF LAWS Where a waiver to the architectural or streetscape standards is made a part of 44-t roval of a zone chanxe or final develoyment jrJan review which 41 W requires a public hearing before the Planning Commission and/or City Council, then the Planning Commission and/or City Council shall be empowered to decide upon such waiver or variance concurrent with the other process. Secti o rdinance READ, ADOPTED AND ORDERED PU BLISHED a nd final reading by a SIGNED by the Mayor on this day of 2003. ► � R ATTEST. Wanda Sang, City Cluck 1 GERAL DAHL, CITY ATTORNEY TowEp, 1, Sun'E 1000 1 ISIS AKAPAHOE STPEFT I DENvEp- COLORADO 80202 1 TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 GERALD E. DAHL DIRECT DIAL (303) 376-5019 email: gdahl@gorsuch.com February 7, 2003 a-MMKX%TMMMMW Manager KSD Properties, LLC 3866 Union Court Wheat Ridge, CO 80033 I am in receipt of a copy of your January 28, 2003 letter to the Wheat Ridge Planning Commission, requesting amendment of Plat Condition No. 3 for the referenced subdivision. 1, must tell you that the Commission may act to change its decision only during the same meeting, or its next regular meeting. That time period has now expired, and the Planning CommissioWs action ♦ the application is final. The City staff and I remain available • host a mediation session or sessions with you and the Lou-Mar principals to assist in resolving this dispute. Please contact me if you wish this assistance. GED/ c cc: Alan White 14 GED\5302 1,01