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HomeMy WebLinkAbout03/16/2000 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. Planning Commission March 16, 2000 Page 2 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. Planning Commission March 16, 2000 Page 3 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. Planning Commission March 16, 2000 Page 4 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. Page 5 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 Page 6