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HomeMy WebLinkAbout11/07/2002 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting 0 RIG I NA l November 7, 2002 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ at 7:10 p.m., November 7, 2002, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Paulette Cooper John McMillin Marian McNamee Phil Plummer Nancy Snow Paula Weisz Kevin Witt Commission Members Absent: Jerry Collins (resigned) Staff Members Present: Alan White, Planning Director Kathy Field, Administrative Assistant 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of November 7, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development ofthe City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to approve the order ofthe agenda. The motion passed 7-0. 5. APPROVE MINUTES - October 17,2002 It was moved by Commissioner SNOW and seconded by Commissioner COOPER to approve the minutes of October 17, 2002 with a correction on page one to reflect that Commissioner PLUMMER abstained from voting on the October 3, 2002 minutes; and that on pages 5 and 6 the minutes should reflect that the amendments were accepted by Commissioner PLUMMER (instead of COOPER.) The motion passed 6-0 with Commissioner WEISZ abstaining due to her absence at the October 17 meeting. Planning Commission November 7, 2002 Page 1 6. PUBLIC FORUM James Homberger 5509 West 26th Avenue Mr. Hornberger stated that he has lived at this address for 48 years and was incorporated into the city without his choice. He expressed displeasure with the city for the following: First of all, he was required to tear down his fence to make room for curb and gutter on 26th He was also required to remove two shade trees. The city promised to replace his willow tree and this never happened. He expressed appreciation to the city for paving Chase Street. He stated that he accumulated materials to build a shop and garage when he retired. Since that time his zoning was changed from R-3 to R-l which doesn't allow enough room for the shop and garage. Code enforcement advised him that he had to remove all his building materials, and he complied. Commissioner McMILLIN suggested that Mr. Hornberger look into the possibility of obtaining a variance to build his shop and garage. 7. PUBLIC HEARING A. Case No. ZOA-02-06: Ordinance amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors. The case was presented by Alan White. He reviewed the staff report and noted that Planning Commission had requested that only one type of business be considered at a time. Tattoo parlors are being addressed at this meeting. Pawn shops and psychic advisors will be addressed at the November 21 meeting. Commissioner SNOW asked Mr. White if he viewed tattoo parlors as a problem. He replied that research indicated that other jurisdictions don't see them as a problem and have no special regulations for tattoo parlors. Commissioner SNOW questioned the reasoning that tattoo parlors should not be located in neighborhood commercial districts. Commissioner McNAMEE commented that she could not see a problem with tattoo parlors. Chair WEISZ asked to hear from those who wished to speak about the ordinance. John Slaughter 675 Santa Fe Drive Mr. Slaughter is the proprietor of Tribe Tattoo. He stated that he learned Sacred Skin tattoo parlor is closing so that his establishment is now the only tattoo parlor in Wheat Ridge. He requested that his business be grandfathered in. In response to a question from Commissioner PLUMMER regarding age requirements, Mr. Slaughter stated that he follows Denver's regulations. His establishment does not tattoo under the age of eighteen. Infants' ears may be pierced with parental consent. Basic piercings are performed for age thirteen and above. Planning Commission November 7, 2002 Page 2 Commissioner McNAMEE asked how many customers are in the establishment on a busy day. Mr. Slaughter stated the number would probably range from ten to twenty. Commissioner McMILLIN asked if Mr. Slaughter could see reasons that a tattoo parlor would be forced to close. Mr. Slaughter replied that the business is very competitive in relation to having new techniques, new inks, etc. Robert McGhee 5940 West 38th Avenue Mr. McGhee stated that he could not understand why the City of Wheat Ridge was so concerned with one tattoo parlor in the city and, further, why tattoo parlors are classed with pawn shops and fortune tellers. Catherine Webster 4000 Chase Street Ms. Webster owns Psychic Center of the Rockies. She appeared in support of the tattoo parlors and questioned the reason for the proposed ordinance. She did agree with spacing requirements set forth in the ordinance. Commissioner SNOW commented that she believed tattoo parlors should be allowed in all commercial districts. Commissioner McMILLIN stated that he did not believe it would be necessary to allow tattoo parlors in neighborhood commercial districts due to the fact that tattoo parlors draw their customers from regional, rather than neighborhood, areas. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to recommend that City Council adopt the ordinance as drafted by staff to allow body art establishmenrs in the NC, RC, C-l, C-2 and Industrial Districts with a 1,500 foot spacing requirement between such establishments; and, if at this time, there are any of these establishments that would become noncomforming that they be considered legally nonconforming upon adoption ofthis ordinance. Commissioner McNAMEE offered a friendly amendment that spacing restrictions be measured from property line to property line as it is in other spacing restrictions in the city. Commissioner SNOW did not accept the amendment because she believed there was a difference between car lots which are outside businesses and tattoo parlors that are enclosed in buildings. Commissioner SNOW amended her motion to require that spacing be measured from the outer limits of all spaces leased or operated by the tattoo parlor. She did not believe it was necessary to have spacing requirements between tattoo parlors and psychic readers or pawn shops. It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER that neighborhood commercial be eliminated from the allowed locations. The motion failed 3-4 with Commissioners WITT, COOPER, SNOW and McNAMEE voting no. Planning Commission November 7, 2002 Page 3 A vote was taken on Commissioner SNOW's motion. It passed 6-1 with Commissioner McMILLIN voting no. B. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. This case was presented by Alan White. He reviewed the staffreport and the ordinance which contained suggestions submitted by the Planning Commission at the previous hearing on this matter. He submitted photographs taken by staff around the city showing examples of various combinations of recreational vehicles. He also submitted information regarding surrounding communities' regulations concerning recreational vehicles. Commissioner McMILLIN asked which problems are most pressing with citizens of Wheat Ridge: general appearance, neighborhood impacts, lot overcrowding, or relative visual scale. Alan White replied that he wasn't sure that one problem was more pressing than another but that it depends on the circumstance. Commissioner McMILLIN asked how many complaints regarding RV parking have been received by the Planning Department. Alan explained that these complaints go to code enforcement division of the police department, but his office received three calls within the last week in favor of regulating RV parking. No calls were received in opposition to the regulations. Commissioner SNOW questioned the reason for the inclusion of unattached pick-up campers in the ordinance. Alan White replied that it was due to concern that several campers might be stored on the property. In response to a question from Commissioner McMILLIN, Mr. White explained that the Board of Adjustment cannot aiiow variances in reiarion to storage ofRV's. Commissioner SNOW stated her concern about relating the number ofRV's to the size of the lot. Commissioner COOPER asked if this would present an enforcement nightmare. Alan White replied that it would be easier to enforce a certain number ofRV's rather than percentage of lot coverage. Chair WEISZ asked to hear from members of the public. Don MacDou~all 9815 West 3i Avenue Mr. MacDougall expressed his opposition to limiting the number ofRV's in all situations. He has an acre lot which has several vehicles which are out of sight on his property. He has lived there for thirty years and never received a complaint from neighbors about his trailers or his horses. It is also important to him to keep his property looking nice. Page 4 Planning Commission November 7, 2002 Paul Dierschow 10520 West 47th Avenue Mr. Dierschow stated he has owned a home in Wheat Ridge for twenty-three years. He chose Wheat Ridge for its sense of community and heritage and believed that heritage should continue. He would like to hear definite reasons as to why this ordinance was drafted. His hobby is working on cars which should not make him an undesirable citizen. His vehicles are at least a hundred feet from the front property line and are screened from the neighbors' views. He originally bought this larger lot to provide room for his vehicles. Jim Simons 2850 Teller Street Mr. Simons owns a lot just under an acre in size. He stated his opinion that lot size should be considered in the proposed ordinance. He has horse trailers stored in back of his property which are 200 feet from his neighbor. He felt the ordinance should address parking problems that are offensive to neighbors. He also stated that if he is found to be out of compliance, he should have opportunity to obtain a variance. He also felt horse trailers should be excluded from the ordinance. Nancy Ward 10540 West 47th Avenue Ms. Ward appeared on behalf of her stepfather, Glen Shannon who has owned his property in Wheat Ridge for many years before the city was incorporated. Mr. Shannon's hobby is working on antique cars. She asked that several vehicles be allowed as long as they are screened from view and urged the Commission to consider grandfathering existing vehicles. In response to a question from Commissioner SNOW, Alan White stated there is presently no allowance in the code for the collection of antique vehicles. James Romberger 5509 West 26th Avenue Mr. Hornberger owns five lots and collects older cars all of which are licensed and insured. None of his neighbors have ever complained. He suggested that these issues be addressed on a case by case basis and neighborhood complaints taken into account. Commissioner SNOW advised Mr. Hornberger that the proposed ordinance would not affect him since his cars are operable. Janice Thompson 12290 West 42nd Avenue Mrs. Thompson expressed opposition to the ordinance and wanted to know the real reasons thal led to drafting this ordinance. She owns several recreational vehicles. She suggested limiting the length of motor homes and allowing fences to screen vehicles. She also expressed concern that ordinances are becoming so restrictive that people can't enjoy their own homes. Mr. Hornberger returned to the stand to express concern that many people cannot afford to pay storage for their recreational units. Planning Commission November 7,2002 Page 5 (Chair WEISZ declared a brief recess at 9:45 p.m. The meeting was reconvened at 9:55 p.m.) Commissioner PLUMMER stated his opinion that as long as vehicles are not kept in the front yard, and they are screened, the number of vehicles shouldn't matter. Commissioner McMILLIN stated that there seems to be a front yard problem, maybe a side yard problem, but not a back yard problem. He would like to see a 30-foot setback all over Wheat Ridge, but that would cause a hardship for RV owners whose property is only 30 or 40 feet deep. If a 30-foot setback is established, there should be an amortization or grandfather clause because there is no provision for variances in these matters. Commissioner SNOW expressed concern that there are many properties in the city that are not configured to allow someone to park an RV in the back of the property. Commissioner McNAMEE commented that there are many homes in her neighborhood with extremely small back yards. It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER that the Planning Commission forward the ordinance to City Council with no recommendation. Commissioner McNAMEE eXplained that there is too much involved and too little time to consider all the issues and, further, the City Council did not like the first recommendations sent by the Planning Commission. Commissioner McMILLIN stated that he would vote against the motion because Planning Commission would be neglecting its responsibility by forwarding the ordinance to City Councij with no recommendations. Commissioner McNAMEE withdrew her motion. It was moved by Commissioner SNOW and seconded by Commissioner McMILLIN that the hearing on this ordinance be continued with the following recommendations to staff to rewrite the ordinance to include the following: (1) horse trailers are totally exempt from the ordinance; (2) that, if at some future time, preferably under a separate ordinance, that some allowance be made for antique vehicles provided they are properly screened from neighbors; (3) that three recreational vehicles, rather than two, be allowed; (4) that another paragraph be added to address the problem of parking very high and very long recreational vehicles in the front setback area. Commissioner McMILLIN expressed concern that storing vehicles cannot be addressed through the variance procedures. Alan White explained that the Planning Commission could make a provision for the Board of Adjustment to hear cases concerning the parking of recreational vehicles. Planning Commission November 7, 2002 Page 6 It was moved by Commissioner McMILLIN and seconded by Commissioner McNAMEE to amend the motion to add a provision to the ordinance that the Board of Adjustment be empowered to grant variances to the parking regulations that are more lenient than the regulations contained in the ordinance. The motion passed 7-0. A vote was taken on the original motion as amended. The motion passed 7-0. 8. OLD BUSINESS Commissioner McMILLIN reported that he was unable to attend the Lakewood Planning Commission open house. However, he did learn that Lakewood's new COMPLAN has no land use changes planned on the northern border that would affect Wheat Ridge, but rather addresses procedural changes for their development review process. Commissioner SNOW asked if anything had been done concerning the removal of trees at 38tb and Kipling. Commissioner PLUMMER asked why they were allowed to cut the trees down. Alan White stated that they were not allowed to cut the trees down and he has not had time to look into the situation any further. 9. NEW BUSINESS Commissioner McNAMEE stated she would like to amend the bylaws, under rule no. 6, as to when the Planning Commission chair and vice chair are to be elected and recommended that it be moved from November to March to coincide with appointments to the Commission. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that we waive the rules regarding having a written rule change at the meeting at which we votl, and, at the next meeting, we have in our packet a written rule change changing the time tu elect a Planning Commission chairman to no later than the end of March. The motion carried. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to adjourn the meeting at 10:45 p.m. The motion passed unanimously. a Paula Weisz, Chair' yJ Planning Commission November 7, 2002 Page 7