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HomeMy WebLinkAbout08/21/1997Minutes of Meeting City of Wheat Ridge, Planning Commission August 21, 1997 1. Call the Meeting t0 Order: The meeting was called to order by chairperson WILLIAMS at 7:30 p.m., on August 21, 1997 in the council chambers of the municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. Roll Call: Members present: Anne Brinkman Harry Williams Jay Rasplicka Carl Cerveny Tom Shockley Nancy Snow Janice Thompson Staff Present: Meredith Reckert, Senior Planner Sean McCartney, Planner Jenifer Roche, Assistant Secretary Public Hearing The following is the official copy of Planning Commission minutes for the Public Hearing of the August 21, 1997. A copy 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. 3. Pledge of Allegiance 4. Approve the Order of the Agenda The following items were added to the agenda under old and new business A motion was made by Commissioner BRINKMAN, seconded by Commissioner RASPLICI{A to add the reconsideration of the "density" definition on September 4, 1997. Motion carried 3-3. Commissioner THOMPSON, WILLIAMS, and BRINKMAN abstained. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY to add • discussions of regulations for handicap access to be reviewed. Planning Co*n*n+ssion Minutes August 21, 1997 Motion carried 7-0. Commissioner THOMPSON would like the horse power regulations discussed at a future study session. 5. Approval of Minutes: A motion was made by Commissioner THOMPSON, seconded by Commissioner SNOW to approve the minutes of August 14,1997 on September 4, 1997. Motion carried 7-0. fl. Pub11C FOrum(Thls is the time for anyone to speak on any subject not appeazing under Item 6 of the Public Hearing Section of the Agenda.) There was no one present to speak. 7. Public Hearsng: • A. Case Nn. W7,-9 -9; An application by Josephine Johnston for approval of a rezoning from Agricultural-One to Residential-One A for property at 4313 Jellison Street. $. Case No. MS-47-3: An application by Josephine Johnston for the approval of a Two- lotminor subdivision with a setback vaziance for property located at 4313 Jellison Street. Said property is subject to rezoning review pursuant to Case NO. WZ-97-9. Case NO. A. And B. were considered under the same Public Heazing. Mr. McCartney presented an overview of these cases to the Commission. He stated that this is a request by the owner to rezone from Agricultural-One to Residential-One A, a 2-lot minor subdivision plat and a variance. The property is 1.1 acres and currently has single family residence on the property. The property is surrounded by low density residential to the south 'and east, high density residential to the north, and commercial uses to the west. He stated that the proposed 2-lot minor subdivision and zone change will not have an adverse impact on the neighborhood. Mr. McCartney submitted into the record the subdivision regulations, zoning ordinances, case file and packet materials, and exhibits. Posting requirements have all been met. Mr. McCartney elaborated on the applicants request. In conclusion, Mr. McCartney stated that staff recommends approval. Commissioner SNOW, Commissioner CERVENY and Meredith have discussion on Right of Ways and water rights. • Commissioner WILLIAMS swore in Josephine Johnston, 4313 Jellison, Wheat Ridge, who is Planning Commission Minutes August 21, 1997 the applicant. Ms. Johnston stated she was unable to maintain her property due to old age. Commissioner SNOW asked questions pertaining to the water rights and ditches. Further discussions continued. A motion was made by Commissioner BRINICMAN, seconded by Commissioner SHOCKLEY for approval of WZ-97-9 for the following reasons; 1. The proposal is compatible with the Wheat Ridge Comprehensive Plan and it is compatible with the existing character of the neighborhood. 2 The rezoning criteria supports this request 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval. Motion carried 7-0. A motion was made by Commissioner SNOW, seconded by Commissioner RASPLICKA for approval of MS-97-3 be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. • 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. With the following conditions; 1. Applicant present a letter from the ditch company at the time of City Council meeting 2. Applicant gives 17' for the Jellison Street right-of--way as opposed to 25' as recommended by staff. Motion carried 7-0 The reason Planning Commission decided to approve a lesser dedication than requested by staff was that by doing so, it eliminated a need for the 8' front yazd setback variance. C. Case NO. WZ-97-10: An application by Pacifica Holding Company, LLC, for approval of a rezoning from commercial-one to Planned Industrial Development and for approval of an outline development plan and a final Development plan and plat with a 5' sign setback variance. Ms. Reckert presented an overview of this case to the Commission. She stated that this is a request by the developer for rezoning, and for outline development plan and a final development with a sign setback variance. Ms. Reckert made clear that the new Development could protect the surrounding neighbors from the noise generated from I-70. She also pointed . out that potential exhaust and noise pollution from the proposed industrial uses should be mitigated by the performance standards included on the plan. Ms. Reckert discussed the impacts of the rezoning. She made cleaz that all requirements for a Planned Development plan have been • Planning Commission Minutes August 21, 1997 met. In Conclusion, Ms. Reckert stated that staff approval is recommended upon certain conditions. A motion was made by Commissioner CERVENY, seconded by Commissioner RASPLICKA that Case No. WZ-97-10, a request for approval of a rezoning from Commercial-One to Planned Industrial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue be approved for the following reasons: 1. The property is within the City of Wheat Ridge and has been properly posted 2. A rezoning is required to expand the allowed uses., 3. There are some light industrial uses which are appropriate for the area if performance standards are used., 4 All requirements for a PID outline development plan have been met., 5. The applicant has limited objectional uses from C-1, C-2 and I zones by the use of performance standards. With the following conditions; 1. That semi-trucks and trailers be allowed on the property for pickup and deliveries only., . 2. No shift work be allowed between the hours of 10:00 p.m. and 6:00 a.m , 3. The two eastern buildings be limited to a 35 HP maximum for any one machine 4. The two western buildings be limited to a 40 HP maximum for any one machine, 5. No attachment of additional equipment such as special equipment, cranes, lifts,etc., be allowed to outside walls and no attachment of cranes or lifts be allowed on the roof A friendly amendment was suggested by Commissioner THOMPSON and accepted by Commissioners CERVENY and RASPLICKA that the word "no" be added under Performance Standard #2 so it reads "No long-term parking of semi-trucks and trailers". Motion carries 6-1 with Commissioner THOMPSON voting no. Commissioner THOMPSON stated for the record that she voted no because it was inconsistent with the Comprehensive Plan. She continued to say that there are other areas designated in the City for industrial uses and that the City review industrial uses and horsepower standards so that they can come up with a land use category that targets these Types of uses but are not required to be in industrial zones. A motion was made by Commissioner THOMPSON, seconded by SNOW for discussions on horse power standards in regard to future review of industrial regulations to be approved. Motion carried 7-0 A motion was made by Commissioner CERVENY, seconded by Commissioner BRINKMAN, for approval of a final development plan for property located at 9500 West 49th Avenue, for the following • reasons: . Planning Commission Minutes August 21, 1997 1. All maximum requirements of the zoning code have been met., 2. All requirements for a PID final development plan have bee n met 3. The applicant has Limited objectional uses from the C-1, C-2 and I zones by the use of performance standards. With the following conditions: 1. If the variance is approved, the plan be revised accordingly., 2. No other freestanding signs be allowed on the property. Motion carried 6-1 with Thompson voting no. A motion was made by Commission CERVENY, seconded by RASPLICKA for approval of five foot sign setback variance for property located at 9500 West 49th Avenue, for the following reasons: 1. Approval of the reduced request would not prove to be a hazard to the public health, safety and welfare., 2. It would not have a negative impact on property values or the public welfare., 3. The proposed location is more aesthetically pleasing than other locations meeting setbacks., 4. There are similar signs in the area with same setbacks and size. With the following conditions: I. A building permit be applied for and issued prior to the existing sign being completed., 2. No other freestanding signs be allowed on the property. Motion carried 7-0. D. Case NO. ZOA-97-3: An application by the City of Wheat Ridge for approval of an amendment to Chapter 26 the Wheat Ridge Code of laws pertaining to historic Landmarks and trees. Ms. Reckert discussed the proposed ordinance relating to the designation and preservation of historic landmarks and trees within the City of Wheat Ridge. The ordinance was prepared by the City's Attorneys office in consultation with members of the Board of Directors of the Wheat Ridge Historical Society. Maureen Juran, a representative, from the City Attorneys office, went through the proposed ordinance and points out the key issues for the Planning Commission to review. She discussed the development limitation on historical structures. She said limitations cannot be random, they must be significant. Further discussions continued regarding issues of concern. • Commissioner SNOW asked if an old home was designated as a Historical structure and the owner can't maintain it, Can the City do the work and then file a lien? • Planning Commission Minutes 6 August 21,1997. Commissioner THOMPSON stated concerns she would like to see addressed, such as public awareness, interior rules of historical buildings, and the effects of ADA requirements. She stated a need for landmark designation. Commissioner BRINKMAN asked "If a tree limb falls on someone, does the City become liable?" Ms. Juran stated no along with explanation. Commissioner THOMPSON stated a need for a piece of trees saved for educational purposes(P. 8 26- 607(4) and for inventory to give to the preservation specialist. It was suggested that this be provided to the historic society as well. Bill Cassell, City's Arborist, explained and discussed Wheat Ridge tree history and the future of trees in the community. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY to approve an amendment to chapter 26 of the Wheat Ridge Code of laws pertaining to historic landmarks and trees with the following recommendations: 1. Revision on page 3, change to "entities" • 2. Revisions to page 3, section 26-602, definition of owner. 3. Post for I S days 4. Insert on page 8, #4 "and Historical Society." Motion carried 7-0. 8. Close The Public Hearing 9. Old Business Commissioner Cerveny would like to discuss reconsideration of the definition of "density"." It was previously moved at the beginning of the meeting to be reviewed on September 4, 1997 10. New Business 11. Discussion and Decision Items A. Commissioner CERVENY requested that staff prepare an analysis of the PRll regulations regarding duplex development on smaller lots for the September 4, 1997. B. Future study session items will be handicapped accessibility and Industrial regulations Planning Commission Minutes 7 August 21,1997. including horsepower limitations and performance standards with an expert from the industry present consultation. C. Horse power limitations and performance standazds. 12. Committee and Department Reports 13. Adjournment Meeting was adjourned at 11:30 p.m. by consensus. ~ ~~N ~ Je '€ r Roc , Asststan ecretary •