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HomeMy WebLinkAbout03/05/1998.f CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting March 5,1998 2. 3. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on March 5, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Chair Thompson introduced Jerry Collins and Jim Dunn as new members of the Planning Commission. ROLL CALL: Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Ann Brinkman Jerry Collins Jim Dunn Dean Gokey Nancy Snow Gary Theander Janice Thompson Tom Shockley (excused) Alan White, Ping. & Dev. Director Meredith Reckert; Sr. Planner Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of March 5, 1998. A set 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. 4. APPROVAL OF AGENDA It was moved by Commissioner BRINKMAN and seconded by Commissioner THEANDER to approve the agenda as presented. The motion carried by a vote of 7-0. Planning Commission page 1 03/05/98 5. APPROVAL OF MINUTES The minutes of the February 19, 1998, Wheat Ridge Planning Commission were presented for approval. Commissioner SNOW requested the following amendments to the minutes: 1) The second paragraph of page 4 should state that the motion carried by a vote of 7-0 rather than 8-0. 2) On page 9, the second paragraph should contain the words "Animal Control Commission" rather than "Agricultural Commission." It was moved by Commissioner GOKEY and seconded by Commissioner THEANDER to approve the minutes as amended. Motion carried 5-0 with Commissioners COLLINS and DUNN abstaining, and Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING Chair THOMPSON declared the Public Hearing open. A. Cases No. ANX-98-1/WZ-98-4 and No. ANX-98-2/WZ-98-5: Application by the City of Wheat Ridge for approval of the annexation and zoning of three parcels located at 11721 West 52nd Avenue and 5220 Swadley Street within Jefferson County. Alan White stated that a defect had been discovered in the public notice procedures for these cases and, therefore, the Commission did not have jurisdiction to hear the cases. He requested that the Planning Commission continue the public hearings until March 19, 1998, at 7:30 p.m. He noted that the City Attorney had advised that no public testimony can be taken until that date, and apologized to those in attendance who came to hear these specific cases. Commissioner SNOW moved and Commissioner BRINKMAN seconded that Cases No. ANX- 98-1/WZ-98-4 and No. ANX-98-2/WZ-98-5 be continued until March 19, 1998, at 7:30 p.m. in the Council Chambers of the Wheat Ridge Municipal Building. Planning Commission Page 2 03/05/98 The motion carried 7-0. Commissioner SNOW suggested, that the meeting be recessed for a brief time to give opportunity to those in attendance for the hearings to discuss the cases with staff. Upon a consensus of the Commission, Chair Thompson declared at recess at 7:45 p.m. The meeting was reconvened at 7:52 p.m. B. Case No. MS-98-1: Application by HC Properties, Ltd. for approval of resubdivision of three parcels to allow for a lot line adjustment to accommodate the relocation of the Public Service natural gas regulator facility located at 7605 West 44th Avenue and 4401 Wadsworth Boulevard in the Commercial-One Zone District. Meredith Reckert presented an overview of the case stating that the owners of this property are V&M Rentals and Public Service Company of Colorado. The owners have requested a resubdivision of approximately 2.8 acres at the northwest corner of West 44th Avenue and Wadsworth Boulevard. She presented a map and slides of the property, and entered into the record the subdivision regulations, case file, packet materials and exhibits. She advised that the property is within the City of Wheat Ridge, all notification and posting requirements have been met and there was jurisdiction to hear the case. She stated there are currently two structures on four parcels of property (Vern's Restaurant and Lounge on parcel one and the Public Service Company gas regulator structure on parcel four) and that the primary reason for the request was to move the Public Service Company gas regulator structure to the back of the property to allow redevelopment to take place. Ms. Reckert advised that the right-of-way for both West 44th Avenue and Wadsworth is being dedicated by this plat and a blanket cross access easement has been provided allowing free movement through the drive aisles and parking areas on the property. She noted that all requirements of the Subdivision Regulations have been met. She added that the Public Service Company concurs with the proposed resubdivision, and the Colorado Department of Transportation has approved the right-of-way width for dedication and has approved an access permit. Ms. Reckert informed that it was staff s conclusion that the resubdivision is required to allow redevelopment of the property and, therefore, recommended approval. Following discussion by the Commission, Chair Thompson asked if there were any individuals present who wished to address this matter. Planning Commission Page 3 03/05/98 i The following individual addressed the Commission: Brenda Godfrey, 41017th Street, Suite 41705, Denver, CO 80220. Ms. Godfrey was sworn in by Chair Thompson. She stated that she was with HC Properties and offered to answer any questions on the subdivision plat. Following brief discussion, it was moved by Commissioner SNOW and seconded by Commissioner THEANDER that Case No. MS-98-1, a request for approval of a resubdivision plat on property located at 7605 West 44th Avenue and 4401 Wadsworth Boulevard, be approved for the following reasons: 1. It is required to allow redevelopment of this property. 2. All requirements of the subdivision regulations have been met. With the following conditions: 1. The language of the cross easements is to be approved by the City Attorney. 2. The cross easements are to be separately recorded. The motion carried by a vote of 7-0, Commissioner Shockley absent. 8. CLOSE THE PUBLIC HEARING Chair Thompson declared the public hearing closed. 9. OLD BUSINESS A. Large Animal Regulations. In response to Commissioner Gokey, Chair Thompson replied that the large animal regulations were scheduled for the April 16th Planning Commission, and requested that staff supply background materials on this issue to the new Planning Commission members. Commission GOKEY asked if the staff could look into the possibility of implementing fly control measures in R-1 and R-2 properties. Meredith Reckert commented that these measures would be more difficult to enforce than the manure clean-up measures. Commissioner SNOW expressed concern that horse owners who take their horses to summer pasture could lose the right to keep their animals under the general non-conforming use language, and asked the staff to address this matter before the next public hearing. She suggested that the Animal Control Commission also consider this issue. Planning Commission Page 4 03/05/98 B. Minutes. Commissioner SNOW asked if the original minutes are actually corrected when amendments are made. Discussion followed and a consensus was reached that one copy of the corrected minutes will be available at the following Planning Commission meeting. C. Jensen Property. Chair THOMPSON asked for an update from staff on the Jensen property. Meredith Reckert reviewed the recent history of the property stating that the owners were planning to request an RC zoning on the property with a special use to develop an RV sales and rental lot. She advised that the owners have had a slight change in plans and are not sure that they want to pursue the special use; however, they still plan to proceed with the zoning request. Chair THOMPSON discussed the issue of adequate buffering if an RV lot were to be developed. The Planning Commission indicated that the zoning and special use permit were approved because of the amount of buffering proposed. 10. NEW BUSINESS A. Dog Kennels. Chair THOMPSON expressed concern about dog kennels being allowed adjacent to residential properties and requested that staff research this issue for the Planning Commission to consider. Discussion followed. Commissioner BRINKMAN noted that A-2 and A-1 have somewhat unclear language in regard to dog kennels, vet hospitals, etc. Commissioner SNOW moved and Commissioner GOKEY seconded that the staff look into tightening up regulations for dog kennels. Motion carried 7-0. B. Wind Powered Generators. Chair THOMPSON requested that staff look into the use of wind powered generators in residential districts before a problem develops. She referred to an article she read that encouraged people to place these generators in residential neighborhoods and wondered if they would be allowed in residential neighborhoods if they were the only energy source for a home. Commissioner COLLINS commented that in the next year to two years when electricity is deregulated, people could begin looking to energy sources such as wind generators. Commissioner SNOW asked if there were state or federal regulations which affect the City's ability to regulate wind powered generators. Planning Commission Page 5 03/05/98 Chair THOMPSON stated that she would check into state and federal government regulations for wind powered generators and, also, that she would make copies of the article for members of the Commission and staff. C. Wadsworth Corridor Study. Alan White reported that the City has received proposals from a number of consultants to conduct the Wadsworth Corridor Study. He asked for a volunteer from the Planning Commission to participate in the interviews to select a consultant. Commissioners BRINKMAN and THEANDER indicated their interest in participating in the interview process. D. Temporary Use Permit for Chesrown Automotive Group. In response to an inquiry from Commissioner BRINKMAN, Alan White reviewed the results of the February 26, 1998, Board of Adjustment public hearing regarding the Temporary Use Permit for Chesrown Automotive Group. E. Counseling Clinic at 4243 Harlan Street. In response to an inquiry from Commissioner SNOW, Alan White reviewed the results of the February 26, 1998, Board of Adjustment public hearing regarding the counseling clinic at 4243 Harlan. F. Playground Construction. Commissioner DUNN inquired as to the status of the playground being constructed on 36th Avenue. Commissioner BRINKMAN advised that City Council had recently approved funding for.this tot lot. She did not believe there would be lighting in the park. 11. ADJOURNMENT Commissioner SNOW moved and Commissioner GOKEY seconded to adjourn the meeting at 9:00 p.m. The motion carried by a vote of 7-0. Ann Lazzeri, Recordin S cretary J e Thompson, Chai 980305.WPD Planning Commission Page 6 03/05/98