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HomeMy WebLinkAbout02/18/1999CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting February 18, 1999 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRNKMAN at 7:30 p.m. on February 18, 1999, 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: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Jerry Collins Dean Gokey Don MacDougall Nancy Snow Janice Thompson Tom Shockley (excused) Meredith Reckert, Senior Planner Ann Lazzeri, Minutes Specialist The following is the official set of Planning Commission minutes for the public hearing of February 18, 1999. 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 approve the order of the agenda. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner GOKEY moved and Commissioner MACDOUGALL seconded to approve the minutes of February 4, 1999 as presented. The motion passed by a vote of 5-0 with Commissioner THOMPSON abstaining and Commissioner SHOCKLEY absent. Planning Commission Page 1 02/18/99 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. WZ-99-04: An application by the City of Wheat Ridge for approval of a rezoning from Residential 1-B to Agricultural 1 for property located at 4000 Nelson Street. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert stated that there was jurisdiction for the Commission to hear the case and that staff's recommendation was for approval . In response to a question from Commissioner THOMPSON, Ms. Reckert stated that the property owners were not present and had authorized the City to act on their behalf. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. WZ-99-04, a City-initiated rezoning of property at 4000 Nelson Street from Residential 1-B to Agricultural 1, be recommended to the City Council for approval for the following reason: The property was rezoned to RI-B without the property owners' consent. Commissioner GOKEY offered the following amendment: That the application be approved on the condition it will be a substandard size A-1 lot which can only be used for single family uses and all other uses which are allowed in single family districts. The amendment was accepted by Commissioners THOMPSON and SNOW. In response to a question from Commissioner THOMPSON, Ms. Reckert replied that, to her knowledge, there were no uses other than those indicated in the motion on the property at this time. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. B. Case No. WPA-99-01: An application by the City of Wheat Ridge to adopt the revised Comprehensive Plan for the City. The Comprehensive Plan establishes the development goals and policies and the future land use map for the City and, once adopted, will be utilized in the review of any proposed development proposal/application or land use change brought before the City. Prior to staff presentation, Chair BRINKMAN stated that the hearing would pertain to districts three and four asked that public comment be limited to approximately three minutes per speaker. Ms. Reckert advised that she had maps available for members of the audience. She explained that in addition to the Comprehensive Plan Review Committee (CPRC) map, Planning Commission Page 2 02/18/99 two alternative maps were available for consideration: (1) a map of the existing plan (also referred to as the "blob map"); and (2) a map of existing zoning as future land use. The following individuals addressed the Commission: Barbara Hance 11818 West 52nd Avenue Ms. Hance requested that all present agricultural land in Wheat Ridge be maintained as such and that the northwest area of Wheat Ridge not be indicated as industrial. She stated that since the city zoned a number of industrial sections in her neighborhood there has been increased traffic with large trucks on very small streets, trash blowing around and pollution from odor and noise, and she also expressed concern about the safety of children in this area. She referred to the Comprehensive Plan which shows an extension of Ridge Road that goes west called West 51 st Place and North Taft Street going through her property. She stated that neither of these roads exist and requested that they be removed from the map because their presence on the map would encourage further development to the north. Louise Turner 11256 West 38th Avenue Ms. Turner stated that Wheat Ridge citizens have indicated their desire to preserve agricultural and low-density lands in Wheat Ridge and the CPRC map does not accomplish that purpose. She felt that if the CPRC map were to be adopted, it would increase the density in many hundreds of properties within the city. She presented overheads of maps of districts three and four. The first map showed agricultural zoned properties which, according to the CPRC map, would allow five to sixteen units per acre or various commercial or industrial properties, rather than one unit per acre. The second map showed properties in districts three and four with R-1 zoning which allows 3.5 units per acre while the CPRC map would allow 5 units per acre. The third map was a combination of the two intended to demonstrate the existing properties that would be increased in density if the CPRC map were to be approved. She urged the Commission to recommend adoption of the zoning map. She requested that future development of the city take place within the existing zoning and that it would not be the intent of the Comprehensive Plan for low density properties to be rezoned for increased density or increased intensity. She also asked that, if the zoning map is adopted, that it be included in the Comprehensive Plan text and the appropriate sections of the zoning laws and that if there should be deemed to be excessive uses of any intense uses, the city would reserve the right to down-zone which would be accomplished by the purchase of development rights. In conclusion, she stated that if the CPRC map is adopted, it would destroy the purpose and integrity of the density ordinances and put at risk the community preservation important to so many citizens. She submitted her comments in writing and copies of the maps to members of the Planning Commission. Commissioner SNOW commented that on the old land use map low density residential would allow 7 units per acre and the CPRC map reduced the use to 5 units. Planning Commission Page 3 02/18/99 Commissioner THOMPSON asked Ms. Turner's opinion regarding allowing commercial uses on agricultural properties which border major thoroughfares with a defined line to prevent further encroachment into the neighborhood. Ms. Turner replied that if it is designated for a lesser use, the city then has the right to prevent higher density development; however, if it is shown on the map as the higher density the city loses the option of a lesser use. Claudia Worth 4650 Oak Street Ms. Worth stated that, although she is City Council representative for district four, she was appearing as a citizen. She requested that the Commission respect the Denver Regional Council of Government's (DRCOG) 20-20 plan which calls for buffer zones between cities. She stated that the only land that Wheat Ridge has left which would serve as buffer to Arvada is the agricultural and state land which is shown on future land use maps as industrial or residential. She expressed concern that, as Arvada continues their aggressive growth plan, that the City of Wheat Ridge will be impacted. She requested that before any of the remaining open space in Wheat Ridge is designated as anything other than agricultural, it should be kept open space as much as possible. Commissioner COLLINS asked why the City of Wheat Ridge was not able to retain more of the Ridge Home property. Commissioner SNOW replied that the City Council passed an ordinance allowing only one group home per council district and because it was Ridge Home's intention to establish group homes to deinstitutinalize people, the decision was made by Ridge Home representatives to choose Arvada over Wheat Ridge. She stated that she was a member of City Council at that time and voted against the ordinance. In response to a question from Commissioner THOMPSON, Ms. Worth replied that she would prefer to see the Ridge Home property within the City of Wheat Ridge remain as open space and that the majority of citizens who have contacted her feel the same way. Commissioner THOMPSON asked about bonus points which can be awarded to a city under DRCOG's 20-20 Plan. Ms. Worth explained that cities adopting the Plan would be given bonus points which would be applied toward the granting of federal money for transportation projects in the city. Teri Dalbec 3810 Garrison Ms. Dalbec stated that, although she is also a City Council representative for district four, she was appearing as a citizen and not as a City Council representative. She stated that the buffer zone concept has not been that well defined by DRCOG but has been a part of the Metro Vision 20-20 plan from the beginning that there would be a buffer zone. She felt that this was a concept that Wheat Ridge could use to a certain extent to the west and north of the city. She stated that if the Comprehensive Plan shows property which is presently Planning Commission Page 4 02/18/99 zoned industrial as agricultural, it would give someone the right to buy the property and ask for a rezone. She stated that once a Comprehensive Plan is adopted with a higher density use, it would be extremely difficult to change it. In response to a question from Commissioner THOMPSON, Ms. Dalbec replied that she did not believe the city would be encouraging multi-family growth by keeping more open lands. Commissioner MACDOUGALL asked if Arvada has adopted the 20-20 plan. Ms. Dalbec replied that Arvada has not accepted it. Commissioner SNOW suggested that City Council consider a plan to develop a plan to buy some development rights. Claudia Worth returned to the podium and stated that the use of development rights in urban sprawl issues is becoming a reality of the future. She advised the Commission that she has purchased a videotape which addresses the use of development rights and will be available soon for the Planning Commission to review. Chuck Steismeyer 4996 Parfet Ms. Steismeyer stated that he was not only in favor of keeping his area as agricultural, but was of the opinion that all existing agricultural land in Wheat Ridge should be maintained as such because, once an agricultural area is gone, it can never be brought back. He stated that the CPRC map shows the extension of 50' Avenue between Parfet and Oak which would bisect his property which he has requested at previous hearings to be removed. He would still like to have it removed from the map. He indicated that he is trying to purchase some adjacent properties in order to keep the area as open space. He requested that the Wadsworth Ditch and the Swadley Ditch be maintained. He also expressed concern with the lack of landscaping and other aesthetic issues associated with the industrial development which has been allowed in this area. Commissioner THOMPSON asked Ms. Reckert about the extension of 50" Avenue mentioned by Mr. Steismeyer. Ms. Reckert replied that City Council placed a condition on the Medved development that 50th Avenue won't extend east of Parfet until those properties are developed commercially or industrially. In response to a question from Commissioner THOMPSON, Mr. Steismeyer replied that he felt other residents in the area would only sell their properties as residential. He also stated that this area would serve as a buffer between Wheat Ridge and Arvada. Denise Midroy 4686 Parfet Ms. Midroy requested that agricultural land be maintained. She also stated that her property is misrepresented on the CPRC map as SF when it is actually A-1 and asked that this error Planning Commission Page 5 02/18/99 be corrected. She also stated that the horse industry is the biggest recreational industry in Colorado and should be encouraged in the City of Wheat Ridge. Lee Marshall 3605 Dudley Mr. Marshall referred to the land on the east side of Dudley between 35th and 38th Avenues which is just west of Lutheran Hospital. He stated the Comprehensive Plan shows this area as single family and two-family, but he felt it should be kept as open space because it already has an extensive recreational use by the neighborhood and Lutheran Hospital employees because of the bike trail, softball field and open fields. He stated that, if this area is developed, it would not only result in the loss of a very beautiful and functional recreational area, but would cause heavy traffic congestion on Dudley Street. He also felt that it would positive for the Comprehensive Plan to be up front for developers; for instance, the noise from hospital generators would probably violate a noise ordinance. Commissioner COLLINS advised Mr. Marshall that the City of Wheat Ridge does not have a noise ordinance but such an ordinance has been discussed at Planning Commission. In response to a question from Commissioner SNOW, Ms. Reckert replied that this property is owned by Lutheran Hospital. Commissioner SNOW also commented that citizens were in favor of the rezone at the time because they didn't want Lutheran Hospital to expand into that area. (Chair BRINKMAN declared a recess at 9:00 p.m. The meeting was reconvened at 9:10 P.M.) Odarka Figlus 9775 West 36th Avenue Ms. Figlus referred to approximately eight acres of property east of Kipling between 35th and 38th. She stated that a petition was circulated through the neighborhood during the Comprehensive Plan process asking CPRC to designate this area as low density. This designation was made and she asked that it be maintained on any future maps. She stated that the neighborhood does not want commercial development in this area. She also stated that the Parks Commission has requested that this parcel of land be placed on the acquisition list. Commissioner THOMPSON suggested that this might be a good property for the city to purchase development rights. Ron Wortham 4715 Parfet Mr. Wortham stated that he would like his area to stay designated as agricultural. Planning Commission Page 6 02/18/99 Chris Eatherton 13866 West 74th Place, Arvada On behalf of the Jefferson County Horse Council, Mr. Eatherton requested that, in addition to bicycle paths, equestrian paths be established in Wheat Ridge. He submitted a letter from the Colorado Horsemen's Council which encouraged the retention of as much agricultural land in Wheat Ridge as possible. He stated that, in addition to previously stated reasons, these lands are not only enjoyed by property owners but by everyone who walks or drives by these areas. Teri Dalbec returned to the podium to comment that, in light of two recent annexations in the I-70/Ward Road area which will be for commercial use, it is even more important that agricultural lands be maintained in Wheat Ridge. Chris Whiteman 4745 Parfet Mr. Whiteman requested that the A-1 areas be retained. Commissioner THOMPSON asked council members who were present in the audience what kind of maps they preferred; for example, would it be more difficult to work off a "blob" map than a map with more definition. Teri Dalbec returned to the podium and stated that she felt that maps with more definition were preferable. Claudia Worth returned to the podium and stated that she would prefer to have a higher definition map with an overlay of the "blob" map. She felt that if industrial properties leave, they should remain open land and that she would like to see a caveat in the Comprehensive Plan that says Wheat Ridge is not opposed to properties becoming open lands. She also commented that the less-defined maps have cause problems in the past. Chair BRINKMAN asked Ms. Worth if she saw a reason to shade as open areas those properties that are currently C-1 in order to give an indication that there was an intention to have that area as open space. Ms. Worth felt this would give future councils some leeway to take a commercial piece of property and leave it open space or to purchase the development rights. Janelle Shaver Wheat Ridge City Council Ms. Shaver stated that she was not sure which type of map was the most desirable. She felt that staff would like the map to be of a visionary nature; however the CPRC map is very detailed because of so many existing land uses. Planning Commission Page 7 02/18/99 Commissioner GOKEY asked if Ms. Shaver would support the use of transitional residential zoning between heavy use corridors and residential areas. She replied that she would support transitional residential and also felt that agricultural areas should be maintained to preserve the special quality of Wheat Ridge. Chair BRINKMAN asked if there were others present who wished to address the Commission. There was no response. Commissioner SNOW moved and Commissioner MACDOUGALL seconded that the March 18th Planning Commission meeting be conducted as a study session for the purpose of discussing public comment received on the Comprehensive Plan. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. In response to a question from Ms. Reckert concerning preparation for the study session, Commissioner THOMPSON requested overlays of the existing land use map, zoning map, CPRC map and conflict map for comparison purposes. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that a study session be scheduled for March 11 to discuss maps for districts one and two and that maps of districts three and four be discussed at the meeting of March 18; and that categories and types of maps be reviewed at the February 25th study session. The motion passed by a vote of 5 to 1, with Commissioner COLLINS voting no and Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner GOKEY seconded that an agenda be finalized at the February 25 study session for the study sessions of March 11 and 18. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Commissioner SNOW requested ten minutes at the beginning of the February 25th study session to address some of the comments expressed concerning the CPRC map and explain how the Committee arrived at some of its decisions. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing closed. 9. OLD BUSINESS A. Lingerie Modeling Studios and Tattoo Parlors Commissioner THOMPSON requested that, in the very near future, the Planning Commission review regulations which specifically address lingerie modeling studios and tattoo parlors within the City of Wheat Ridge. 10. NEW BUSINESS There was no new business. Planning Commission Page 8 02/18/99 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 to adjourn the meeting at 10:00 p.m. The motion passed by a vote of 6 to 0 with Commissioner SHOCKLEY absent. Qvw~ A" ANNE BRINKMAN. Chairman Ann Lazzeri, Recording Sec ary C:\Buba a\PCRPTS\PLANGCOM\PCMIN[nE\1999\990218.wpd Planning Commission Page 9 02/18/99