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HomeMy WebLinkAbout04/03/2003 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting 0 R \ G \ N A L April 3, 2003 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Karen Berry Kimberly Davis John McMillin Marian McNamee Michael Stites Paula Weisz Kevin Witt Commission Members Absent: Phil Plummer (excused) Staff Members Present: Alan White, Community Development Director Ann Lazzed, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of April 3, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner McNAMEE and seconded by Commissioner DAVIS to approve the order ofthe agenda as presented. The motion passed 7-0 with Commissioner PLUMMER absent. 5. APPROVE MINUTES It was moved by Commissioner McNAMEE and seconded by Commissioner STITES to approve the minutes of March 20, 2003 as presented. The motion passed 5-0 with Commissioners McMILLIN and WITT abstaining and Commissioner PLUMMER absent. 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. Page 1 Planning Commission April 3, 2003 7. PUBLIC HEARINGS A. Case No. SUP-02-02: An application filed by Intergroup Architects for Best Friends Pet Care for approval of a Special Use Permit to allow expansion of a pet care facility with (A) a 10-foot rear yard setback variance from the IS-foot rear yard setback requirement resulting in a 5-foot rear yard setback and (B) a variance to the maximum allowed building coverage of 25 percent for property zoned Agricultural-Two and located immediately south of 11440 West 44th Avenue. This case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case. He reviewed the staff report, digital presentation and entered all pertinent documents into the record which were accepted by Chair WEISZ. Staff recommended approval of the application for reasons outlined in the staff report. In answer to a question from Commissioner McNAMEE, Alan White stated that the applicant would not be required to plant trees outside of the property line on the south. Randy Leeds Intergroup Architects 2000 West Littleton Boulevard, Littleton Mr. Leeds, architect for the applicant, was sworn in by Chair WEISZ. In response to a question from Commissioner McMILLIN, Mr. Leeds stated that there is adequate room for additional parking should it become necessary. He commented, however, that existing parking spaces are greatly under-utilized. He also stated that the proposed addition would be constructed of pre- colored concrete block rather than brick as stated in the staff report. He stated that buffering already exists on the southern property line and additional plantings will be installed. In answer to a question from Commissioner DAVIS, Mr. Leeds stated the addition would increase kennel spaces from 88 to 148. Existing kennels have both indoor and outdoor space. The new addition is designed to have the kennel spaces completely indoors in order to provide better temperature control as well as to reduce noise. Daniel Charleton 11440 West 44th Avenue Mr. Charlton, Best Friends Kennels, was sworn in by Chair WEISZ. He stated the front portion of the new building will be used for operational purposes and not for public access. Commissioner DAVIS asked if any additional buffering was planned for the west property line. Mr. Charleton explained that there is an 8-foot fence on the west and additional landscaping would not be visible to the public. He stated that additional beautification would be provided along 44th Avenue. Commissioner McMILLIN asked if the applicant had considered rezoning the property thereby eliminating the need for a special use permit. Mr. Charleton stated they had considered rezoning but decided to stay with the existing zoning and keep the kennel on the portion of the property which is zoned A-2. He also stated that part of the reasoning for not pursuing a Planning Commission April 3, 2003 Page 2 rezone or planned commercial development included a desire to proceed as quickly as possible on the expansion in order to meet immediate needs of the business. Alan White explained that kennels require a special use permit in all zone districts. Commissioner McMILLIN expressed concern about the split zoning which requires animals to be placed on the south side of the property which backs up to Prospect Park. He asked the applicant ifhe would consider constructing an 8-foot masonry wall between the buildings to provide buffering to the park. Mr. Charleton replied that they would consider some type of additional buffering. In response to a question from Commissioner DAVIS, Mr. Charleton replied that sales tax is collected on retail sales of food, toys, etc. Sales tax is not collected on kennel fees. It was moved by Commissioner DAVIS and seconded by Commissioner McMILLIN to recommend approval of Case No. SUP-02-02, a request for approval of a special use permit to expand an existing pet care facility for property zoned Agricultural-Two and located at 11440 West 44th Avenue, for the following reasons: 1. It will meet a proven public need to fill a void in necessary services. 2. It will not have a negative impact on the general health, safety and convenience of persons in the neighborhood, and fire service will be improved. 3. The request will not contribute to blight in the neighborhood. 4. Revenues to the city may increase. 5. It will not impact the adequate supply of light and air nor will it cause significant noise, water or air pollution. With the following conditions: 1. That the special use permit shall be a grant of use that runs with the land. 2. That any existing trees that are removed for the proposed expansion be replaced along the southern property line to help buffer Prospect Park from the development. Commissioner McMILLIN offered a friendly amendment to add a third condition as follows: A combination berm and masonry wall totaling at least eight feet in height be required to enclose the southern end of the facility from the existing metal buildings to the edge of the proposed masonry building to provide a noise buffer to the park. Commissioner STITES commented that the existing 4-6 foot berm along the south side ofthe property should provide sufficient buffering. Commissioner McMILLIN stated that he proposed the amendment because he believes that public parks should be protected from as much noise as possible. The motion passed 6-1 with Commissioner WITT voting no and Commissioner PLUMMER absent. Planning Commission April 3, 2003 Page 3 It was moved by Commissioner McNAMEE and seconded by Commissioner STITES to recommend approval for variance request A, considered concurrently with Case No. SUP-02-02, a request for approval of a 10-foot rear yard setback variance from the 15- foot rear yard setback requirement resulting in a S-foot rear yard setback from property zoned Agricultural-Two and located at 11440 West 44th Avenue, for the following reasons: 1. The request will not alter the essential character of the locality. 2. The split zoning of the property does constitute a hardship. 3. The request will not have a negative impact on the surrounding neighborhood or community. Commissioner McMILLIN stated he would vote against the motion because the applicant could still build a 52-unit addition to his kennel without going into the setback. Secondly, the variance would impact a public park. The motion passed 6-1 with Commissioner McMILLIN voting no and Commissioner PLUMMER absent. It was moved by Commissioner DAVIS and seconded by Commissioner McMILLIN to recommend approval of variance request B, considered concurrently with Case No. SUP- 02-02, a request for a variance to the maximum allowed buildin~ coverage of2S% for property zoned Agricultural-Two and located at 11440 West 44t Avenue for the following reasons: 1. The request will not alter the essential character of the locality. 2. The split zoning of the property does constitute a hardship. 3. The request will not have a negative impact on the surrounding neighborhood or locality. The motion passed 7-0 with Commissioner PLUMMER absent. B. Case No. ZOA-03-04: An ordinance amending the Wheat Ridge Code of Laws in its entirety changing references to "Planning and Development" to "Community Development. " Alan White reviewed the staff report. Following brief discussion, Chair WEISZ asked if there were individuals present who wished to address this matter. Robert Wallace 3749 Sheridan Mr. Wallace was sworn in by Chair WEISZ. He asked for clarification on the name change. He asked if this meant that the Wheat Ridge Urban Renewal Authority would now be associated with the Planning Commission. Page 4 Planning Commission April 3, 2003 Alan White explained that the ordinance would not affect the Urban Renewal Authority in any way. Planning Commission and Urban Renewal Authority are separate entities. Mr. White will continue to provide staff support to the Urban Renewal Authority. Mr. Wallace thanked Mr. White for his explanation. It was moved by Commissioner DAVIS and seconded by Commissioner BERRY that Case No. ZOA-03-04, a proposed amendment to the City of Wheat Ridge Code of Laws changing references to Planning and Development to Community Development, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The name change has been made a part of the budget approval process. 2. All references in the City Wheat Ridge Code of Laws will be consistent. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Neighborhood Commercial Study Session Commission members discussed the list of uses allowed in the neighborhood commercial zone district. Alan White will provide additional information, including comparisons to the old code, for the Commission's future consideration. Commissioner McMILLIN requested that the additional information include rationale for not including alterations and dress making in the neighborhood commercial zone district. B. Election of Officers Election was held for Planning Commission Chair and Vice Chair. Marian McNamee was elected Chair and Paula Weisz was elected Vice Chair. 10. COMMISSION REPORTS . At the request of Commissioner McMILLIN, Alan White gave a brief recap of the sessions he and other staff members attended during the national planning conference held in Denver last week. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission April 3, 2003 Page 5 12. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner DAVIS to adjourn the meeting at 9:00 p.m. The motion passed unanimously. ~. ~~'A' Ann Lazzeri, Recording e retary Planning Commission April 3, 2003 Page 6