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ORIGINAL
CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
March 16,2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
MacDOUGALL at 7:30 p.m. on March 16,2000 in the Council Chambers ofthe Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL: Alan White introduced Marian McNamee as the new Planning Commissioner
from District 1.
Commission Members Present:
Jerry Collins
Paulette Cooper
Dick Doyle
Dean Gokey
Don MacDougall
Marian McNamee
Nancy Snow
Janice Thompson
Staff Members Present:
Alan White, Planning Director
Ano Lazzeri, Secretary
3. PLEDGE OF ALLEGIANCE
The following is the official set of Planning Commission minutes for the public hearing of March 16,
2000. A set ofthese 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. APPROVAL OF ORDER OF THE AGENDA
It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to
approve the order of the agenda. The motion carried by a vote of 8-0.
5. APPROVAL OF MINUTES
Commissioner COOPER requested the following amendment to page seven of the minutes of
March 1,2000: line three of Barbara Newman's comments should read: "........fence be built
between her property and the units......." It was moved by Commissioner COLLINS and
seconded by Commissioner GOKEY that the minutes of March 1,2000 be approved as
amended. The motion carried by a vote of 8-0.
6. PUBLIC FORUM
There was no one signed up to speak before the Commission on unscheduled matters.
Planning Commission
March 16,2000
Page 1
7. PUBLIC HEARING
A. Case No. WZ-00-01: An application by Marty Wineland, Curtis Peek and Paul Carberry for
approval of a rezoning from Restricted-Commercial and Commercial-One to Commercial-One
for property located at 9709 West 44th A venue. The purpose of the rezoning is to allow
motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The case was presented by Alan White. He reviewed the staff report and presented slides and
overheads of the subject property. He entered all pertinent documents into the record and
advised the Commission that there was jurisdiction to hear the case. Because the proposed
rezoning would consolidate zoning on this property which is undesirable for residential use,
staff recommended approval of the request with conditions as outlined in the staff report.
Commissioner DOYLE expressed concern about the setback of the building. Mr. White
explained that C-l zoning allows a zero setback if a building is constructed of non-flammable
material. In this case, the building is constructed of cinder block.
In response to a question from Commissioner COOPER, Mr. White explained that, in the event
the property is ever sold, the cross access easement would apply to the new owners.
Commissioner THOMPSON stated she would like to see a site plan required for any future
development on this property.
In response to questions from Commissioner SNOW, Mr. White stated that the subject property
consists of two separately described lots in the deeds. He explained that there is not enough
property involved for a plauned commercial development.
Marty Wineland
5055 Lowell Boulevard, Denver
Mr. Wineland, the applicant, was sworn in by Chair MACDOUGALL. He stated that his plan
for the property is to restore antique motorcycles. When the property was purchased, he did not
realize the problem with split zoning on the property which would allow restoration ofthe
motorcycles in only half of his garage.
In response to questions from Commissioner GOKEY, Mr. Wineland stated that he was in
agreement with the conditions proposed for the rezone. He also understood a site plan would
be required for any future development on the property.
In response to questions from Commissioner THOMPSON, Mr. White stated that the city can
legally require a cross access easement to assure adequate parking.
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March 16, 2000
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Commissioner COOPER asked to koow the number of employees for Mr. Wineland's business.
He replied there would be two or three at the most and there is adequate parking for that
number of employees.
In response to questions from Commissioner DOYLE, Mr. Wineland explained that machine
work, engine work and painting is done off-site. The restoration process on-site will include
disassembling, cleaning or replacing parts, and then reassembling the motorcycles.
Biodegradable detergent is used to clean the parts. He also stated that the business will not
consist of motorcycle sales.
Commissioner GOKEY referred to the photo which shows a plumbing utility truck parked near
the second garage on the property and asked if the applicant planned to operate a plumbing
business out of the other garage. Mr. Wineland explained that the second garage is presently
rented out for storage and that they had no plans to operate a plumbing business. It is planned
to eventually use the second garage for storage.
Commissioner McNamee requested that the applicant ask customers to refrain from driving
through or parking on the property to the west. Mr. Wineland agreed to this.
Chair MACDOUGALL asked if there were others present who wished to address the
Commission regarding this matter. No one indicated a desire to speak.
Commissioner COOPER asked if those individuals who attended the neighborhood meeting
were aware that their concerns had been met. Mr. White stated that no comments had been
received as a result of the public hearing notices and posting of the property.
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY
that Case No. WZ-00-01, a request by Marty Wineland, et aI, for approval of a rezoning
from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44th Avenue, be recommended to the City Council for approval for
the following reasons:
1. The proposed rezoning from R-C to C-1 will consolidate zoning on the property.
2. There will be no effect on the general health, safety and welfare.
3. Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
With the following conditions:
1. Use ofthe front building be limited to motorcycle repair as described in
applicants' Exhibit 'B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
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March 16, 2000
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3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8:00 a.m. and 7:00 p.m.
12. The shed behind the front building be removed to allow parking behind the
building.
13. That a site plan, to be reviewed and approved by Planning Commission and City
Council, be required on this property if redevelopment should occur in the future.
Commissioner SNOW stated she would vote against the motion for the following reasons:
1. Although consolidation of zoning on a piece of property may be desirable in most cases,
the request is always to rezone to the higher zone category--not the lower zone category.
In this case, Restricted Commercial or Restricted Commercial One would be a better
buffer between residential and commercial uses.
2. Despite the recommendations for many conditions on the rezoning, if C-l is granted,
history has shown that other C-l uses can easily be added in the future.
3. Ingress/egress is very poor for any kind ofretail use.
4. A rezoning to C-l can and will be used as a precedent to continue rezoning to
commercial uses for properties to the east, almost all of which are designated as
residential on the Comprehensive Plan.
5. The recommendation to rezone the property to the west to Planned Commercial does
not set a precedent for approval of rezoning on this property because the property to the
west was designated as Village Center on the Comprehensive Plan which is not true in
this case.
The motion carried by a vote of7-1, with Commissioner SNOW votIng no.
8. CLOSE PUBLIC HEARING
Chair MACDOUGALL declared the public hearing closed.
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March 16, 2000
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9. OLD BUSINESS
A. Site Plan Reviews
Commissioner THOMPSON stated that the previous case indicated the importance of
conducting site plan reviews for all commercial sites. She would also like to see RV's,
motorcycles, personal water crafts and boats added to C-l zoning in order to have some control
over the 1,500 foot separation on sales and other requirements.
There was discussion concerning possible changes to the code.
It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON
that staff draft a short ordinance, for discussion at a future study session, which would
require site plan approval for commercial uses and residential above four units. The
motion carried by a vote of 8-0.
10. NEW BUSINESS
A. Discussion and Review of LandscaDe Refmlations
Commissioner GOKEY expressed concern that excessive landscaping requirements could result
in creating situations where lots are rendered undevelopable. Availability of water should be
also be considered when landscaping requirements are considered.
Commissioner SNOW expressed concern about many developments in the City where lots are
nearly covered with buildings and paving and have very little landscaping. She suggested that
Commission members take a look at some of the relatively new developments in Wheat Ridge
city that meet present city requirements.
Commissioner COLLINS suggested positive reinforcement for those developers in the city who
have implemented good landscaping practices.
Commissioner McNAMEE suggested that regulations should set forth the types of trees, etc.
which would be allowed for landscaping. For example, there are trees that, once established,
need no water and do well in polluted air.
Staff will look into landscaping and building coverage requirements and bring the information
back to Planning Commission for discussion at a study session.
B. Planninl! Commission Traininl! Session - Since there are no cases scheduled to come before
. the Planning Commission on April 6, a study session will be held for the purpose of training
new members. The study session will be preceded by a dinner to begin at 6:00 p.m.
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Planning Commission
March 16, 2000
C. AP A ColoradolPlanninl! Commissioners WorkshoD - Mr. White urged Commission
members to attend this workshop to be held on May 6.
D. Election of Vice Chair - Nancy Snow was elected as Planning Commission Vice Chair.
11. COMMISSION REPORTS
There were no Commission reports.
12. COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
13. ADJOURNMENT
It was moved by Commissioner DOYLE and seconded by Commissioner SNOW that the
meeting be adjourned at 9:25 p.m. The motion carried by a vote of 8-0.
13~'tk~ Lc-.
Ann Lazzeri, Rec~ding Secretar!
C:\Barbara\PCRPTS\PLANGCOM\PCMINUTE\000316.wpd
Planning Commission
March 16, 2000
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