Loading...
HomeMy WebLinkAbout05/21/1998CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 21,1998 CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on May 21, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Ann Brinkman Jerry Collins Jim Dunn (excused) Dean Gokey Tom Shockley Nancy Snow Janice Thompson Staff Members Present: Alan White, Planning & Development Director Gerald Dahl, City Attorney Meredith Reckert, Senior Planner Tammy Greene, Prosecuting Attorney Ann Lazzeri, Minutes Specialist 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of May 21, 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 SNOW and seconded by Commissioner GOKEY to move Item 11 (C) Case No. ZOA-98-01 to Item 7 (A) and renumber 7 (A) and (B); and to add a discussion of the Brewer development at 44th and Tabor under Old Business. The motion carried by a vote of 6-0, with Commissioner DUNN absent. 5. APPROVAL OF MINUTES The minutes of the May 7, 1998 Wheat Ridge Planning Commission were presented for approval. Commissioner SNOW requested the following amendment: The first paragraph, third line, under Item 7, Public Hearing, should be amended to read "Planned Commercial Development" instead of "Planned Community Development." 6. 7. A. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve the minutes as amended. The motion carried by a vote of 6-0 with Commissioner Dunn absent. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING Case No. ZOA-98-01: Review and discussion of the City of Wheat Ridge Animal Regulations. There was a consensus of the Commission to receive public comment even though the case was being presented as a study session item rather than a public hearing. Meredith Reckert distributed copies of the Nuisance Regulations and copies of the final approved minutes of the Animal Control Commission meeting of March 17, 1998. She informed that after the last Planning Commission study session on this matter, Nick Fisher, Animal Control Supervisor, presented the Planning Commission's concerns to the Animal Control Commission for their consideration. The Animal Control Commission supported moving the manure accumulation issue to the nuisance ordinance; established horse equivalent units of one horse being equal to one cow, two llamas, two burros, four sheep and four goats; did not take any action on increasing the setbacks in A-1 and A-2 zoning when adjacent to residential; and recommended that seasonal removal of animals did not constitute discontinuation of the nonconforming use. Gerald Dahl reviewed his memorandum of May 15, 1998 to the Planning Commission and City Council as well as an outline for possible revision of the large animal ordinance, noting that lot size restrictions, setbacks, etc. will have to be determined. Discussion followed. Commissioner GOKEY suggested that wording in Section 15-23 such as "unsatisfactory condition", "offensive odors", "deemed a nuisance", etc. need to be more clearly defined. Tammy Greene stated that it is extremely difficult to prosecute these cases in court; and that more definitive guidelines are necessary. She also noted that the municipal court is not equipped to prosecute an odor case unless there is assistance from the Health Department which has technical equipment that can measure odors. There was discussion concerning the problems of manure accumulation and flies. Planning Commission Minutes Page 2 05/21/98 Commissioner BRINKMAN suggested the placement of fly catch buckets similar to those used for fruit flies in California, to measure the number of flies present at different times of the day in order to determine what amount would constitute a nuisance. Commissioner SNOW commented that it would be impossible to eliminate all complaints because people who want a strictly urban environment will still complain about horses. Chair THOMPSON suggested special use permits be required in A-1 and A-2 districts when properties are adjacent to residential uses and, further, that increased setbacks should be considered. There was lengthy discussion regarding horse equivalent units. Commissioner SNOW expressed concern that the equivalent units were too high, especially in regard to goats. Commissioner BRINKMAN suggested that mules should also be included in the ordinance and that a mule should be considered the same as one horse. In response to a request from Commissioner, Mr. Dahl stated that he would look into nuisance regulations from other communities. He also commented that if the City of Wheat Ridge is going to have animals, the City is obligated to come up with a very precise system to address neighborhood complaints. Ms. Reckert commented that there are still some subjective issues to work through as far as manure accumulation is concerned. Mr. White commented that he believed regulations also need to apply to agricultural zoning. Chair THOMPSON invited public comment and the following individuals addressed the Commission: Tim Osterloh 3295 Independence Court Mr. Osterloh referred to his previous appearance before the Commission and presented the history of his complaint that his next door neighbor keeps four horses in his back yard and never removes the manure. A little over a year ago, code enforcement cited the neighbor at which time the case was dismissed by the court because the code was too vague. He stated his opinion that the code should require manure to be cleaned up; however, he felt it would be difficult to measure because the horses trample it down. He stated that the fly problem from his neighbor's horses begins in March and worsens throughout the summer and thought the fly catchers, as suggested by Commissioner BRINKMAN, might be helpful. He concluded by stating that he is not opposed to people having horses on their property, but only wants a method to ensure that horse owners will be responsible in taking care of their animals. Kim Fehr 7340 West 32nd Avenue Ms. Fear stated that she purchased her property in order to keep her aging horse. She stated Planning Commission Minutes Page 3 05/21/98 that although she removes manure every other day, her neighbors still complain. She also thought the fly catchers were a good idea. She suggested instituting a time limit for horse owners to remove manure because she felt measuring would be very difficult. Walt Morris 3285 Independence Court Mr. Morns expressed concern that the ten tons of hay stored in the neighbor's back yard presented a fire hazard that could result in the loss of several homes in the area if the hay caught on fire and, in turn, ignited the pine trees in the neighborhood. He was also of the opinion that fly traps would work. He suggested that once an agricultural property has not housed horses or other large animals for a number of years, that they not be allowed on the property any more; and that he would like to see R-1 zoning changed so that horses are not allowed. However, in the meantime, he would like to see a method to enforce the proper care of horses. There was some discussion regarding the possibility of requiring setbacks for haystacks. Louise Turner 11256 West 38th Avenue Ms. Turner was appearing on behalf of the Animal Control Commission as well as a private citizen. She noted that public comment received at the Comprehensive Plan meetings indicated that the majority of citizens wish to keep horse property within the City of Wheat Ridge. She pointed out that the suggested requirement of 9000 square feet for the first horse (or equivalent unit) and 6000 square feet for the second was taken from the Jefferson County standard established in 1967, and that several municipalities have adopted those requirements. She noted that there have been remarkably few court cases regarding large animals, and that there have been far more complaints regarding dogs, trash, etc. She felt that the Animal Control Commission had arrived at reasonable figures based upon what has worked in Wheat Ridge in the past. She agreed with code enforcement's recommendation that the manure issue be removed from the zoning code and addressed under the nuisance law. She informed that the Animal Control Commission was very strong in its recommendation that no changes be made to the agricultural zoning; and that the Commission took a position that temporary or seasonal removal of an animal did not constitute discontinuance of its use. In regard to pen or corral requirements, the Commission felt that 800 square feet for the first animal with an additional 100 square feet for each additional animal of any species was a reasonable recommendation. She also noted that she was opposed to setback regulations for A-1 and A-2 zone districts as well as setbacks for haystacks. There was discussion regarding problems arising from new property owners not realizing that adjacent property is zoned for large animals when they purchase their property. John Gammon 3305 Independence Court Mr. Gammon appeared in support of the property owners directly adjacent to the property in question on Independence Court. His property is at the corner of the subject property but is Planning Commission Minutes Page 4 05/21/98 also affected by presence of flies as well as odor making it difficult to enjoy their backyard patio. He stated that he is not opposed to having horses in Wheat Ridge, but would like to see some teeth added to the nuisance law to address irresponsibility of some horse owners. He supported the suggestions from the Animal Control Commission and felt that bigger setback requirements would not solve the problem. He also wanted to see health concerns resulting from flies addressed. Ms. Reckert informed that the minimum lot size for R-1 zone property is one acre and 140 feet lot width, and that there are many substandard A-1 lots in the city for which the staff will be recommending the 9000-6000 square feet requirements. Code enforcement pointed out that some entities rely on the Department of Health for enforcement proceedings when the public health, safety and welfare are affected; however, this is not a high priority for the Department of Health. Don McDougal 9815 West 37th Avenue Mr. McDougal informed that if fresh manure is added to a pile daily, there will be no flies because the heat burns the larvae; and that scattering and drying manure will not produce flies. He noted other ways to control flies and thought the fly traps may work. He felt the crux of the matter is in proper management by animal owners. He also commented that when he worked for the Health Department, there were a large number of complaints concerning horses and that in almost every case, horses were there before the complaining parties purchased their properties. Don Hammerschmidt 3215 Flower Street Mr. Hammerschmidt stated that he purchased his property in order to have a horse. He commented that it is important to keep the stables clean and that sometimes, in spite of cleanliness, horses attract a certain number of flies. He did not want to see the City require horse owners to stable their animals somewhere else during the summer. He expressed his opinion that improperly stacked hay can create fire hazards as a result of internal combustion. Kevin Craig 10615 West 46th Avenue Mr. Craig stated that he did not want to see horse property eliminated from the City of Wheat Ridge and wanted to ensure that the right to have horses on his property would be grandfathered in for future sale of the property. He also expressed concern that the City would require him to remove his barn which is located eight feet from the property line and a hundred feet from his neighbor's house. He also stated his opinion that a haystack presents no more of a fire hazard than having pine trees on a property. There was discussion concerning the location of Mr. Craig's barn. Ms. Reckert explained that the barn is presently nonconforming but would not have to be moved unless the barn were to be destroyed and rebuilt for some reason. The new structure would then have to conform to the present code. Planning Commission Minutes Page 5 05/21/98 . Commissioner BRINKMAN responded to Mr. Craig's concerns stating that the City is only attempting to refine language and clear up vague areas in the code in order to address nuisance properties, and not to get rid of horse properties. Commissioner GOKEY assured Mr. Craig that the City has no intention to make him get rid of his barn or his horse. Following the public comments, Mr. Dahl stated that he understood the direction to be as follows: (1) lot sizes, setbacks and corral sizes should not be changed; (2) the nonconforming or amortization schedule should not be changed; (3) the horse equivalent units should remain as recommended by the Animal Control Commission; and (4) that effort should be concentrated on the nuisance aspect of the code. He informed that he would obtain sample ordinances from other entities regarding enforcement of these types of nuisance problems. Commissioner SNOW suggested that the horse equivalent units include one horse, one cow, one burrow, one mule, one llama, four sheep and two goats and noted that there have been numerous complaints about goats in past years. She was also concerned that the ordinance doesn't result in allowing even more animals to be kept in the city. . Commissioners BRINKMAN and SHOCKLEY felt that the Animal Control Commission's recommendations should be followed. Commissioner SNOW requested that- Section 1-A of the proposed ordinance be incorporated into Section 1-C. Mr. Dahl suggested that the section concerning the removal of horses to summer pastures needs to be clarified and a time limit determined. Commissioner BRINKMAN asked if it could be made mandatory that prospective property owners be given a list of adjacent properties and their zoning before they purchase a house (similar to flood plain requirements.) It was a consensus of the Commission that the City should not be involved in this process. Commissioner GOKEY requested that the issue of non-conforming agricultural uses be addressed. Chair THOMPSON declared a recess at 10:08 p.m. The meeting was reconvened at 10:25 p.m. Chair THOMPSON declared the public hearing portion of the meeting open. B. Case No. ZOA-98-04: The Planning and Development Department is proposing to amend Section 26-6 of the Code of Laws: Legislative and Administrative process and procedures concerning right-of-way vacations. Meredith Reckert presented this item and referred to the staff s recommendations for an amendment to Section 26-6: Legislative and Administrative Process and Procedures: Right-of- way Vacation Procedures. She informed that the City has been following those procedures and using the criteria in all of the vacation cases, but the procedure has never been formally adopted. Planning Commission Minutes Page 6 05/21/98 The Public Works Department and the City Attorney have reviewed staff s recommendations and their comments have been incorporated into the proposed language. Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY seconded that Case No. ZOA-98-4, an amendment to Section 26-6 of the Wheat Ridge Code of Laws - Legislative and Administrative Process and procedures, be recommended for APPROVAL to the City Council for the following reasons: 1. The City has no existing legislation in place. 2. It is consistent with State Law 3. The City Attorney has reviewed the proposed language and his comments have been incorporated. With the following conditions: a. That the language in item #1 and item #4 under the "Criteria for Review" section be reworded to be consistent with the state statute. The motion passed by a vote of 6-0 with Commissioner DUNN absent. C. Case No. ZOA-98-02: The Planning and Development Department is proposing to amend Sections 26-20 (B) and (E), and 26-22 (B) of the code of Laws concerning counseling and treatment clinics in the R-C1 and R-C and C-1 zone districts. This matter was presented by Alan White. The proposed Code Amendment would modify current language in the Code dealing with counseling and treatment clinics. Different wording is used in the various commercial zone districts, creating inconsistency among the districts. The need for this amendment resulted from a special use application heard by the Planning Commission for a treatment clinic on Harlan which resulted in the Board of Adjustment making an interpretation that non-residential counseling and treatment facilities were intended to be permitted uses in the Restricted Commercial zone district. Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY seconded that the Planning Commission approve the ordinance amending Sections 26-20 (B) and (E), 26- 21 (E), and 26-22 (B) of the Wheat Ridge Code of Laws concerning counseling and treatment clinics in the RC-1, R-C and C-1 zone districts, and that Section 4 (8) should contain the same language as Section 3 (1), and that the comma after the word "alcoholism in the fourth line of Section 3 (1) be changed to a period. Commissioner BRNKMAN expressed concern about the use of the word "problem" in the ordinance and offered an amendment that the word "problem" be replaced with the word "condition" throughout the entire ordinance. This amendment was accepted by Commissioners SNOW and SHOCKLEY. L' Planning Commission Minutes Page 7 05/21/98 The motion passed by a vote of 6-0, with Commissioner DUNN absent. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Brewer Property at 44th and Tabor: Chair THOMPSON inquired about the status of this property. Following discussion, Alan White advised the Commission that he would investigate the situation to make sure proper permits have been applied for and the use complies with zoning. B. Time Limit on Planning Commission and City Council Decisions: Commissioner BRINKMAN asked if there were a time limitation on Planning Commission and City Council decisions concerning land use if a parcel of land remains vacant for a certain period of time. Alan White informed that there is no such time limitation. C. Project at 35th and Wadsworth: Commissioner COLLINS inquired about the status of the wholesale beauty supply operation which seems to have come to a standstill. Alan White presented an overview of developments in this situation. 10. NEW BUSINESS There were no new business items. 11. DISCUSSION ITEMS There were no discussion items. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT Commissioner SNOW moved and Commissioner GOKEY seconded that the meeting be adjourned at 11:02 p.m. 4✓ Janice Thompson, Cy air Ann Lazzeri, Minutes Specialist C:\BarbareTP TSTLAN OAPCbIDYOTE\1998\980521 wpd Planning Commission Minutes Page 8 05/21/98