Loading...
HomeMy WebLinkAbout12/17/1998ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 17, 1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chairman GOKEY at 7:30 p.m. on December 17, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Commission Members Absent: Staff Members Present: Jerry Collins Dean Gokey Don MacDougall Tom Shockley Nancy Snow Ann Brinkman (excused) Janice Thompson (excused) Alan White, Director of Planning & Development Meredith Reckert, Senior Planner Martin Omer, Economic Development Specialist/Planner Gerald Dahl, City Attorney Ann Lazzeri, Minutes Specialist 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of December 17, 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 Commissioner SNOW moved and Commissioner COLLINS seconded to approve the agenda as presented. The motion passed by a vote of 5-0 with Commissioners BRINKMAN and THOMPSON absent. 5. APPROVAL OF MINUTES Commissioner SNOW moved and Commissioner MacDOUGALL seconded to approve the minutes of the December 3, 1998 Planning Commission meeting as presented. The motion Planning Commission Page I 12/17/98 JA P passed 4-0 with Commissioner SHOCKLEY abstaining and Commissioners BRINKMAN and THOMPSON absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. ZOA-98-01 (Continued from December 3, 1998) An application by the City of Wheat Ridge to amend Section 26-30(L) of the code of laws pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge code of laws pertaining to the condition of stables, fertilizer and buildings. This case was presented by Meredith Reckert. She reviewed the staff report and presented a brief history of the proposed ordinances. She reviewed the proposed changes to the ordinances. Commissioner SNOW asked if the staff knew how many A-1 nonconforming properties existed in the City of Wheat Ridge. Ms. Reckert replied that she didn't know the exact number but could have that information available for the City Council hearing. In response to a question from Commissioner SNOW concerning the nuisance ordinance, Mr. Dahl replied that it has been nearly impossible to enforce the nuisance complaints concerning flies and odor because of lack of evidence. He stated that the proposed ordinance would require complaining parties (one of which would be the City's code enforcement officer) to testify in court as to the nature of the nuisance. He explained that the judge would then be able to make a decision based upon testimony given in court. Commissioner GOKEY asked about the possibility of disallowing the keeping of large animals in residential areas if a property had not been used for that purpose for a certain number of years. Mr. Dahl stated that, while many metropolitan cities have taken the position that large animals are not appropriate in a small urban situation, it was his understanding that the City of Wheat Ridge does not want to preclude having large animals within the City limits which makes it necessary to address the associated issues. He did note that there is an alternative to make smaller lots legal nonconforming uses that, once interrupted, cannot be used. Commissioner GOKEY stated that he did not necessarily want those people who have large animals to be penalized and lose the right to have the animals on their property; however, as the community goes through transitions, amortizing the keeping of large animals in residential areas may have to be considered. Planning Commission Page 2 12/17/98 Commissioner SNOW stated that she does not agree with the idea of amortizing the keeping of large animals. Louise Turner 1126 West 38th Avenue Ms. Turner was sworn in by Vice Chairman GOKEY. She stated that she was appearing on behalf of the Animal Welfare and Control Commission. She stated that she did not agree with Mr. Gokey's comments and that it seemed to be the consensus of Wheat Ridge citizens to continue the keeping of large animals in appropriate areas. She noted, for clarification, that the 9,000 square feet requirement pertains to 9,000 square feet of open area and does not include the areas which contain structures. She noted that this requirement appears to be adequate based on the fact that there have been very few complaints regarding large animals over the years. She stated that the 800 square foot requirement for pen size was originally in the ordinance up until about ten years ago when it was inadvertently left out when the zoning laws were rewritten. She stated that this pen size was recommended by the Animal Control Commission as well as the Wheat Ridge Livestock Association. She also pointed out that the pen size does not relate to horse equivalents units, but is required for each animal. She stated that the limit of four horses per acre was also included in the law long ago under the county and was also inadvertently dropped out at the same time as the pen size regulation. The Livestock Commission suggested that the limit of four horses per acres be put back in the proposed ordinance. The one change that did not come through the Commission was the staff recommendation pertaining to undersized agricultural lots. In view of the fact that undersized lots do exist, she believed this portion of the code made sense. She urged the Planning Commission to approve the ordinance as written based upon the recommendations of the Animal Commission, the fact that the nuisance issues have been removed from the zoning ordinance and placed in the nuisance ordinance, and the fact that there is support from the City Attorney as well as public support expressed at the previous hearing, In response to a question from Commissioner SNOW, Ms. Turner replied that the Livestock Commission's decision regarding the nuisance law was to support the City Attorney's proposals. Commissioner SNOW expressed concern that a horse owner who removes his horse from a property to go to summer pasture might lose the right to keep the horse. Mr. Dahl explained that if a property is in conformance with the ordinance, the owner has the right to remove his horses and bring them back at any time. Commissioner MacDOUGALL commented that the problem of manure accumulation is a managerial situation. He stated that he believed a requirement for removal of manure every two weeks would probably solve the situation and that it would probably be necessary to live with the ordinance for awhile to see if it accomplishes its purpose. Planning Commission Page 3 12/17/98 Bob Rock 4300 Tabor Street Mr. Rock was sworn in by Vice Chairman GOKEY. Mr. Rock stated that he was in agreement with the ordinance; however, he expressed concern about Section B which requires manure to be cleaned up every two weeks. He felt this should depend on the size of the property. In response to a question from Commissioner SNOW, Mr. Rock replied that his property is zoned A-2. Commissioner SNOW then advised Mr. Rock that the ordinance does not affect him because it does not apply to agricultural districts. Ms. Reckert affirmed that this was true. Joann Howard 7260 West 31st Place Ms. Howard was sworn in by Vice Chairman GOKEY. She presented photographs of a situation in her neighborhood where a horse is kept by one of the neighbors. She stated that she lives in an area where cul-de-sacs meet and because of setbacks, the horse owner does not have the required 800 square foot pen and that she unable to open her windows in the summer because of the odor. She stated that one of the neighbor's kitchen is only 30 feet from the pen where manure is allowed to accumulate. She asked that these types of situations be addressed in the proposed ordinance. She asked the Commission to consider alternatives such as the City of Golden has instituted which allows the keeping of large animals through a special use permit process where, if the owners do not comply with conditions of approval, they lose the right to keep the animals. She also stated that when she calls the City with a complaint, a representative does not investigate until several days later and there is no one to contact after 5:00 p.m. or on the weekends. Commissioner COLLINS advised Ms. Howard to contact her council member. She replied that she had contacted her council member on several occasions. Commissioner SNOW asked the staff if they had any suggestions to set a ratio of lot size to the time period required for cleanup. She felt that a small lot needed to be cleaned more often than two weeks. Mr. Dahl replied that this could be considered in order to make the requirements more objective. Mr. White suggested requiring one day for every 100 square feet of pen size which would require, for example, an 800 square foot pen to be cleaned every eight days. Louise Turner 11256 West 38th Avenue Ms. Turner suggested that rather than coming up with a formula, inserting the words "or as determined by the code enforcement officer." Commissioner MacDOUGALL stated that another solution to manure problems is to add to a small diameter pile every day which, if done on a regular basis, remains hot enough that there would be no flies and very little odor. He commented that this could be determined to be an accumulation but would also be considered proper management. He thought there needed to be an alternative. Planning Commission Page 4 12/17/98 Vice Chairman GOKEY stated that he felt the code enforcement officer needed guidelines such as the one suggested relative to a certain number of square feet being equal to a certain number of days between cleanup. He stated that he felt the situation depicted in Ms. Howard's photographs was offensive, and that smaller confined areas should be required to be cleaned more frequently than larger areas. He stated that he wanted to see property owners allowed to keep large animals but wanted the care and management of these animals to be enforced. Commissioner SNOW asked if this ordinance had been published for City Council hearing. Ms. Reckert replied that it had not. Commissioner SNOW suggested postponing the hearing on the ordinance until alternative options concerning cleanup could be addressed by the staff Commissioner SNOW moved and Commissioner MacDOUGALL seconded that the zoning portion of the ordinance be continued and brought back to Planning Commission within three months with proposals to amend paragraph B with suggestions for change as related to the size of the corral and the distance from adjacent residences, and that the proposals be given to the Animal Control Commission for review and comment one month before coming before the Planning Commission. Testimony will be taken at that time only on the amendments to paragraph B. The motion passed by a vote of 5-0 with Commissioners BRINKMAN and THOMPSON absent. In response to a question from Commissioner SNOW, Mr. Dahl stated that both of the ordinances should be continued for action only. Commissioner SNOW moved and Commissioner SHOCKLEY seconded that the proposed amendment to the nuisance portion of the Wheat Ridge code of laws be continued to the same date, within three months; and that if there are any suggested changes, the changes go to the Animal Control Commission for consideration and, if not, that the ordinance be heard again with the same language as presented at this meeting. The motion passed by a vote of 5-0 with Commissioners BRINKMAN and THOMPSON absent. (Vice Chairman GOKEY declared a recess at 9:05 p.m. The meeting was reconvened at 9:20 P.M.) B. Case No. WZ-98-16. An application by Kaiser Permanente for approval to zone property located at 4803 Ward Road and known as Kaiser Permanente Medical Center as C-1. This case was presented by Martin Omer. He reviewed the staff report and presented overheads of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet Planning Commission Page 5 12/17/98 materials and exhibits into the record. He advised that there was jurisdiction for the Commission to hear the case. He stated that it was the recommendation of staff that the zoning be approved with restrictions as contained in Exhibit B of the staff report. He advised that the City Council hearing scheduled for this matter on December 21, 1998 was changed by the City Council to be heard on January 11, 1998. He referred to previous discussion about the possibility of a planned unit development and its applicability to this case and the RTD case. He stated that, since the Commission was not hearing a development proposal, to put together a planned unit development application rather than C-1 with customized restrictions would be taking a chance on creating a situation which could considerably prohibit the property owner from marketing the property in the future. Commissioner SNOW asked if there had been any changes to the responses from agency referrals since the case was heard on December 3. Mr. Omer replied that there had been no changes. She asked if there were any specific concerns from the county regarding hazardous materials or other environmental matters. Mr. Omer replied that it was a generalized concern intended to ensure that the Fairmount community would not be negatively impacted by land uses.on the property. Mr. White presented the Commission members with an amended Exhibit B to replace the exhibit contained in the staff report. The amended Exhibit B will become a part of the official record for this meeting. Tom Currigan Kaiser Permanente Mr. Currigan was sworn in by Vice Chairman GOKEY. He stated that he was appearing on behalf of Kaiser Permanente and invited questions from the Commission members. He stated that they had been working with the City staff for approximately a year and that Kaiser was in favor of annexation to the City of Wheat Ridge. He stated that Kaiser is still in process of doing due diligence regarding use restrictions contained in the final annexation agreement. He supported the C-1 zoning and commented that, from a landowner's perspective, it is more favorable to have less restrictive zoning in order to market their parcel of land. He stated that he was satisfied with the present conditions; however, he was opposed to a planned development being a requirement of the annexation. Vice Chairman GOKEY asked if anyone else wished to address the Commission regarding this matter. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-98-16, a request to rezone certain property known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, City of Wheat Ridge, as legally described in Exhibit "A", be recommended for approval for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. There would be no significant negative impacts as a result of the zoning. 3. The zoning is consistent with the City's Three Mile Plan. Planning Commission Page 6 12/17/98 With the following conditions: Uses allowed will be as per Exhibit B containing not only a list of uses but the requirement for a site plan as described in paragraph 2, the requirement for a special use permit as described in paragraph 3, and in accordance with the development standards as described in paragraph 4. The motion passed by a vote of 5-0 with Commissioners BRINKMAN and THOMPSON absent. C. Case No. WZ-98-17: An application by the Regional Transportation district for approval to zone the property located at 4695 Ward road and known as the RTD Park-and-Ride as C-1. This case was presented by Martin Omer. He reviewed the staff report and presented overheads of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record. He advised that there was jurisdiction for the Commission to hear the case. He stated that it was the recommendation of staff that the zoning be approved. Mr. White presented the Commission members with an amended Exhibit B to replace the exhibit contained in the staff report. The amended Exhibit B will become a part of the official record for this meeting. In response to a question from Commissioner COLLINS, Mr. White replied that tobacco shops should be on the list of permitted uses. Susan Altis Community Development Director Regional Transportation District Ms. Altis was sworn in by Vice Chairman GOKEY. She invited questions from the Commission. Commissioner COLLINS asked if it made any difference to RTD whether or not tobacco shops were on the permitted list of uses. Ms. Altis replied that it made no difference to RTD whether this was a permitted or prohibited use. It was moved by Commissioner SNOW and seconded by Commissioner MacDOUGALL that Case No. WZ-98-17, a request to rezone certain property known as the Regional Transportation District Ward Road Park-and-Ride Facility, with an address of 4695 Ward Road, C-1, Commercial-One, pursuant to Section 26-22 of the Wheat Ridge code of laws with restrictions provided in Exhibit "B", be recommended to the City Council for approval for the following reasons. 1. The proposed zoning is consistent with the City's rezoning criteria. 2. There would be no significant negative impacts as a result of the zoning. 3. The zoning is consistent with the City's Three Mile Plan. ie Commission a: 12/17/98 With the following conditions: In accordance with the list of permitted uses in paragraph I of Exhibit B; in accordance with the requirement for a site plan as shown in paragraph II of Exhibit B; in accordance with the prohibited uses as listed in paragraph III of Exhibit B; with the special requirements for special uses as found in paragraph IV; in accordance with the development standards as specified in paragraph V of Exhibit B; and with one change that in the list of permitted uses in paragraph I (a) (8) that "0" is omitted and "P" (Video Stores) becomes "0". The motion passed by a vote of 5-0 with Commissioners BRINKMAN and THOMPSON absent. 8. CLOSE THE PUBLIC HEARING Vice Chairman GOKEY declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Hearings on Comprehensive Plan: Commissioner COLLINS asked when the public hearings on the Comprehensive Plan were scheduled. Mr. White replied that the first hearing was scheduled for the second Planning Commission meeting in January. Vice Chairman GOKEY suggested having a method to expedite the meeting in order to move it along in a timely manner. 10. NEW BUSINESS 11. DISCUSSION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT and seconded by Commissioner SNOW to Ann Lazzeri, Recording ecretary C?Bub=\PCRPTS\PLANGCOM\PCM INUM 19981981217mpd Planning Commission Page 8 12/17/98