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HomeMy WebLinkAbout01/04/2001 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting January 4, 2001 ORIGINAL 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7:30 p.m., January 4, 2001, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jerry Co llins Paulette Cooper Dick Doyle Dean Gokey Don MacDougall Marian McNamee Nancy Snow Janice Thompson Staff Members Present: Alan White, Planning Director Gerald Dahl, City Attorney Meredith Reckert, Sr. Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of January 4, 200 I. 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 AGENDA It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to approve the order of the agenda as presented. The motion passed 8-0. 5. APPROVE MINUTES It was moved by Commissioner COLLINS and seconded by Commissioner MacDOUGALL to approve the minutes of December 7, 2000 as presented. The motion passed 6-0 with Commissioners DOYLE and GOKEY abstaining. 6. PUBLIC FORUM There was no one to appear before the Commission. Planning Commission January 4, 2001 Page 1 7. PUBLIC HEARING A. Case No. WZ-00-14: An Application by Dona and Paul Thompson for approval ofa rezoning from Residential-One-C (R-IC) to Residential-Three (R-3) for property located at 8400 West 46'h A venue to allow an existing illegal dwelling to come into conformance. Meredith Reckert was sworn in by Chair McNAMEE. She reviewed the staff report, presented slides and overheads of the subject property and entered all pertinent documents into the record. The documents were accepted by Chair McNAMEE. She advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the application for reasons outlined in the staff report. In response to a question from Commissioner SNOW, Ms. Reckert explained that the situation came to the attention of the city when a code enforcement officer was in the area on another matter and the owner of the property asked the officer if she was aware of anyone wishing to rent an apartment. Commissioner SNOW inquired about property tax designation of the property. Ms. Reckert replied that Jefferson County records indicate that the property is taxed as a single residence. Comissioner THOMPSON commented that, according to the Comprehensive Plan, this would be a good transitional use for this piece ofland. Commissioner COLLINS pointed out that the adjacent area is in a flood plain. Ms. Reckert stated that construction could take place through the flood plain exemption process. There was discussion about possible uses on the vacant property to the north which is owned by the City of Arvada. Commissioner SNOW expressed concern that rezoning ofthe subject property could set a precedent for the Arvada property if it should be developed. Dona Thompson 8400 West 46'h Avenue Mrs. Thompson, the applicant, was sworn in by Chair McNAMEE. She stated that the apartment was originally built to accommodate her mother. After her mother's death, she and her husband continued to rent the unit because they were unaware that the situation was illegal. In response to a question from the Commission regarding the previous use of the vacant property owned by Arvada, Mr. Thompson explained that the property originally contained an artesian well. When the well collapsed approximately fifteen years ago, the pipes were removed and it was closed down. Ann Dungan 8420 West 26'h Avenue Planning Commission January 4, 2001 Page 2 Ms. Dungan was sworn in by Chair McNAMEE. She testified that she and her husband have lived next door to the applicants for twenty-three years and they have been exemplary neighbors. She urged the Commission to approve the application. Commissioner THOMPSON asked Ms. Dungan how she would feel if the Thompson's sold the property and it continued as a rental. Ms. Dungan replied that it would make no difference because most of the houses in the area were rentals. Commissioner SNOW asked how she would feel if the property to the north were developed as apartments. Ms. Dungan stated she had no feeling one way or the other about additional rental property in the area. Ralph Bonner 4692 Cody Street Mr. Bonner was sworn in by Chair McNAMEE. He testified that he has lived in the neighborhood since 1972 and spoke in favor of the application. He stated that, although there are occasional problems with other rental properties in the area, there has never been a problem with the Thompson's rental unit. Commissioner COOPER explained that, while she has no concern with the Thompson's rental, the concern lies with possible uses in the future if the property changes hands. It was moved by Commissioner MacDOUGALL and seconded by Commissioner GOKEY that Case No. WZ-00-14, a request by Paul and Dona Thompson for a zone change from R-IC to R-3 for property located at 8400 West 46'h Avenue, be APPROVED for the following reasons: 1. It will provide a land use transition between the small lot single family neighborhood to the west and northwest and the industrially zoned and utilized property to the east. 2. It will not constitute spot zoning as the property to south has R-3 zoning. 3. There have been no apparent negative effects on the surrounding neighborhood. Commissioner SNOW stated that she would not support the motion for the following reasons: (I) allowing someone to convert a single family home to a duplex without clear city approval and then changing the zoning to match the new use would set a precedent for homeowners throughout the city to do the same thing; (2) it clearly violates the Comprehensive Plan; (3) she would be in favor ofR-2A or R-3A zoning, considering the industrial area to the east; and (4) R - 3 zoning has greater potential to set a precedent for other R - 3 in the neighborhood. Commissioner THOMPSON stated she was not opposed to the property being used for a duplex because there are many rentals in the area. She was in favor of the best rezoning category to give the neighborhood some protection. She asked iffees could be waived if the Planning Commission January 4, 2001 Page 3 applicant were to reapply for a lesser zoning. Mr. White explained that the Council is the only body with authority to waive fees. Commissioner GOKEY asked if there was a utility easement on the vacant property owned by Arvada. Ms. Reckert replied that she could find no record of an easement. The motion passed by a vote of 5-3 with Commissioners SNOW, COOPER and DOYLE voting no. 8. CLOSE PUBLIC HEARING Chair McNAMEE declared the public hearing closed. 9. OLD BUSINESS A. Reconsideration of Case No. WZ-00-I0: An application by Sandra Thompson for approval of a rezoning from Commercial-One (C-I) with restricted uses to a Planned Commercial Development and for approval of an outline development plan and a combined preliminary and final development plan and plat for property located at 11808 West 44'h Avenue. Mr. Dahl reviewed the memorandum from Alan White to the Planning Commission, dated December 20, 2000, which outlined the reconsideration process. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-00-I0 a request for approval for a zone change from Commercial-One with unrestricted uses and Commercial-One with restricted uses to Planned Commercial Development and for approval of an outline development plan for property located at 11800,11808 and 11880 West 44'h Avenue be DENIED for the following reasons: 1. The original zoning was granted upon representation by the owner that the RV storage would be for an interim use. 2. The Fruitdale Master Plan, in effect at the time, as well as the current Comprehensive Plan shows the southern part of the property requested for rezoning as intended to be residential. The citizens have a right to expect that any zoning changes should be in conformance with the Comprehensive plan. 3. There have been no recent commercial changes in the neighborhood which extend as far south as this application. This particular application would go 200 feet further south than any other commercial uses and is incompatible with residential neighborhoods to the east, the south, and the greenbelt on the west. Commissioner THOMPSON stated she would not support the motion for the following reasons: (I) Planned Commercial Development gives more protection to the neighborhood Planning Commission January 4, 2001 Page 4 than C-I, both now and in the future; (2) increased residential development on the southern portion of Tabor Street could require widening Tabor for access; (3) possible development of rentals on the southern part ofthe property would result in adding to the many rentals already existing in Wheat Ridge; (4) surrounding uses are presently not compatible with R-l, but the R -I neighborhood needs to be protected as best as possible given the surrounding zoning and uses; and (5) planned development gives the city some leverage now and in the future. The conditions placed on this zoning have given the residential neighborhood some protection and provides a good transition between commercial and residential. Commissioner COLLINS stated he was not in favor ofthe motion because of his concern that it could set a precedent to push commercial deeper into residential neighborhoods. Wheat Ridge is changing and lots are being developed for residentialthat wouldn't have been considered years ago. The motion failed due to a tie vote. Commissioners THOMPSON, McNAMEE, MacDOUGALL and DOYLE voted no. It was moved by Commissioner THOMPSON and seconded by Commissioner MacDOUGALL that Case No. WZ-OO-IO, a request for approval of a zone change from Commercial-One with unrestricted uses and Commercial-One with restricted uses to Planned Commercial Development and for approval of an outline development plan for property located at 11800, 11808 and 11880 West 44th Avenue be APPROVED for the following reasons: l. It will eliminate two different zonings on three properties owned by a single entity. 2. It will allow more control by the city ofthe potential negative effects of an open-ended commercial zone. 3. It allows the city opportunity to improve buffering for adjacent property owners. With the following conditions: I. No bulk propane storage be allowed on the property. 2. Only one freestanding sign, which is presently existing, may remain and, if lighted, the limitations on hours of operation negotiated with the neighborhood must be followed. 3. The solid wooden fence along the western and southern property lines be increased to 8 feet in height. 4. The existing recycled asphalt be replaced with a clean, Class 6 road base. 5. The western wall of the building shall have a stucco finish. Planning Commission January 4, 2001 Page 5 6. Dumpster locations need to be added with screening of noncombustible material. 7. No access to Tabor, now or in the future, except for emergency fire access. 8. No storage along Tabor, the southern fence line and adjacent to the open space property shall exceed the height of the fence. 9. Irrigation systems shall be installed for all planted areas. 10. The detention pond shall be designed to retain and release water at the historic flow and will be maintained per a drainage report. II. The owner shall work with the city and the sanitation district and follow the sanitation district's requirements in regard to the existing dump station. 12. No body work, engine or transmission repair, or paint facility will be allowed on this property; and the words "drive chain" shall be changed to "drive train" in No.3 of the final development plan. 13. Increased planting would occur from the fire access north to the south side of the building along Tabor Street on the inside of the fence. Commissioner COLLINS stated that, while he appreciated Commissioner THOMPSON's view, he believed it was time to set a precedent which gives priority to residential uses. Commissioner GOKEY stated that he would not support the motion because he believed there are other alternatives available to the applicant. Commissioner SNOW stated that she would not support the motion for the same reasons stated in her previous motion for denial. In addition, drainage problems were brought up during the hearing which have not been addressed. It is also unfair to the neighbors to say this use is simply a lesser of two evils. The motion failed due to a tie vote. Commissioners COLLINS, COOPER, GOKEY and SNOW voted no. Gerald Dahl informed the Planning Commission that their bylaws state that a tie on a motion to approve constitutes a denial. (Chair McNAMEE declared a recess at 8:53 p.m. The meeting was reconvened at 9:03 p.m.) 10. NEW BUSINESS A. Repealinl;: and re-enactine: of Chanter 26 (ZOA-OO-11) - It was moved by Planning Commission January 4, 2001 Page 6 Commissioner SNOW and seconded by Commissioner MacDOUGALL that repealing and re-enacting of Chapter 26 (ZOA-OO-11) be postponed to the Planning Commission meeting of January 18,2001. The motion passed 8-0. B. City Initiated Rezoninl!: - Commissioner THOMPSON moved and Commissioner SNOW seconded that the city initiate a rezoning to A-I for all city-owned land along the Clear Creek greenbelt which is zoned higher than A-I. The motion passed 8-0. 11. COMMISSION REPORTS A. Economic Develonment Committee - Chair McNAMEE reported that the Economic Development Committee has devoted the last three meetings to the code rewrite. She will provide minutes to the Commission when they are available. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to adjourn the meeting at 9:20 p.m. The'motion passed 8-0. (YJo il 0/\ /Vt. CJ...hftQi( MARIAN McNAMEE, Chair d~~A~~ Ann Lazzeri, Recording e tary Planning Commission January 4,2001 Page 7