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HomeMy WebLinkAbout03/04/1999CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting ORIGINAL March 4,1999 2. 3. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chairman GOKEY at 7:30 p.m. on March 4, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Janice Thompson Commission Members Absent: Nancy Snow (excused) Tom Shockley Staff Members Present: Alan White, Director of Planning & Development Meredith Reckert, Senior Planner Ann Lazzeri, Secretary Mr. White introduced Dick Doyle as the new Planning Commissioner, representing District Two. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of March 4, 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 Commissioner GOKEY moved and Commissioner MACDOUGALL seconded to approve the agenda as presented. The motion passed by a vote of 6-0 with Commissioners SHOCKLEY and SNOW absent. Planning Commission Page 1 03/04/99 5. APPROVAL OF MINUTES Commissioner GOKEY moved and Commissioner COLLINS seconded to approve the minutes of the February 18, 1999 Planning Commission meeting as presented. The motion passed 5-0 with Commissioner DOYLE abstaining and Commissioners SHOCKLEY and SNOW absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. ZOA-98-01 (Continued from December 17,1998) 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 history of the proposed ordinances. She stated that this case was continued from the December 17, 1998 Planning Commission at which time the Commission was in favor of the proposed changes with the exception of the pen cleaning provision. There was consensus at the hearing that regulations for clean-up should be based upon the size of pen or corral. After further research and review, staff is now recommending requirements for corrals less than 1,000 square feet to be cleaned once a week and corrals 1,000 square feet and over to be cleaned every two weeks. This recommendation is intended, in part, to give code enforcement officers some firm guidelines for enforcement of the ordinance. Ms. Reckert stated that Nick Fisher, staff representative to the Animal Welfare and Control Commission, reported that a motion was made at the Commission meeting of January 19, 1999 that the two-week clean-up period be specified for residential properties only and that paragraph E be deleted from the nuisance ordinance. Staff is recommending that the two- week cleanup period for residential properties should also apply to substandard agricultural properties. Staff is also recommending that an additional phrase be added to the condition of the suggested motion for approval as follows: "and by the Wheat Ridge Code of Laws, Chapter 15." Commissioner GOKEY expressed concern about the lack of definitive guidelines in determining clean-up violations. Mr. White commented that, since this will be very difficult to monitor, the best solution seems to be the suggested change to the nuisance ordinance which requires testimony to be presented in court by two or more neighbors from separate households. Planning Commission Page 2 03/04/99 Ms. Reckert stated that she had thoroughly researched the clean-up matter with many experts who had differing opinions as to the amount of time that should be required to clean up manure. Commissioner MACDOUGALL stated that Colorado State University is working on manure management in residential areas but has not, as yet, reached a solution. Ms. Reckert commented that she spoke with a Dr. Ann Swinker from CSU who was of the opinion that a two-week clean-up requirement was reasonable. Commissioner THOMPSON suggested that the words "private stables" in Section 1 (L) (1) be changed to "as an accessory use at a private residence." She also stated that she had received comments from citizens who felt that the 800 square foot requirement was too large for smaller yards and were in favor of reducing the requirement to 300-500 square feet. Chair BRINKMAN invited public comment. The following individuals addressed the Commission: Diane Christensen 4311 Tabor Street Ms. Christensen stated that she was in favor of reducing the 800 square foot pen requirement and also requested that compost piles be permitted. Tracy Dowson 28546 Golden Gate Canyon Road, Golden Mr. Dowson spoke on behalf of the Jefferson County Horse Council. She stated that the Council attempts to educate horse owners in the proper care of their animals, composting methods, etc. She asked if the proposed ordinance addressed weather conditions such as extended freezing temperatures which would prevent clean-up. Ms. Reckert replied that this situation is not specifically addressed. Ms. Dowson stated that the one of the state standards for horse equivalent units is that two horses are equal to one cow in contrast to the proposed ordinance which indicates one horse is equal to one cow. She stated that she felt this ordinance would be extremely difficult to enforce. Commissioner THOMPSON asked Ms. Dowson what the Horse Council recommended for pen sizes. She replied that, due to variables in types of horse management, it is difficult to come up with one required size. David Murphy 12710 West 42nd Avenue Mr. Murphy asked if there had been numerous complaints which precipitated this ordinance. He stated that his neighbors have horses and there has never been a problem in his area. He suggested that if horse pens are not cleaned properly, it may be a matter for the Humane Society or similar organization. He expressed concern that property values could be reduced Planning Commission Page 3 03/04/99 if horses are no longer allowed on a nonconforming property. He expressed concern that this ordinance will be very difficult to enforce. Ms. Reckert explained that if a nonconforming property does not meet new regulations, the right to keep animals is transferable as long as the keeping of horses does not cease for more than sixty days. Shirlene Mekelberg 4596 Parfet Ms. Mekelberg agreed with comments made by Tracy Dowson of the Jefferson County Horse Council and stated that she was not in favor of regulating pen size. Bonnie R. Botham 3380 Pierce Street Ms. Botham stated that she has been a member of the Wheat Ridge Livestock Association since its inception and stated that this Association would be willing to assist in the area of education, etc. when problems arise in neighborhoods. Chair BRNKMAN asked if the Association had been involved in the recent cases which precipitated this ordinance. Ms. Botham replied that she did not know whether the group had assisted in these two situations. Louise Turner 11256 West 38th Avenue Ms. Turner stated that she is a member of the Wheat Ridge Animal Welfare and Control Commission (formerly known as the Wheat Ridge Animal Commission) and stated that the 800 square foot pen requirement originated with the Jefferson County Horsemen's Association and became part of the code of laws when Wheat Ridge was incorporated. She explained that this portion of the code was inadvertently omitted when the entire zoning law was rewritten in 1989. She stated that the Commission recommended the 800 square foot pen size. In response to Mr. Murphy's previous question about complaints, she stated that there have only been two complaints over a period of thirty years, both of which occurred in July, 1998. She stated that the Commission originally stated they would support the city attorney's recommendations regarding the nuisance law; however, upon a review of the ordinance, the Commission is now requesting that the requirement for two witnesses to appear in court be deleted. She explained that she had personally checked the situation at 32nd and Upham on more than one occasion and had never seen a problem with manure accumulation; however, there were two neighbors who complained vigorously. She stated that she was not involved with the other complaint situation. She also stated that she was in favor of allowing composting. Commissioner THOMPSON asked staff to comment on the request to delete this portion of the ordinance. Mr. White replied that this would take the city back to the position of having Planning Commission Page 4 03/04/99 no means of enforcement. He stated that, since animal waste and odor problems are difficult to prove in court, this requirement would give a judge and jury a basis of testimony to use as evidence in trying nuisance complaints. In response to a question from Commissioner THOMPSON regarding the wording concerning private stables, Ms. Turner replied that she felt people should have the right to keep animals on lots where there are no residences. Chair BRNKMAN asked if it would be possible to add wording to the ordinance which would require witnesses from two separate households as well as the Animal Welfare and Control Commission. Ms. Turner stated that her inspections were not performed as a representative of the Animal Welfare and Control commission, but on behalf of the Wheat Ridge Livestock Association which is an organization which polices large animal owners. If it appears that animals are not being properly cared for, the Association will approach the owner and ask that they correct the situation. Mr. White stated that he would prefer to have the city's animal and parks officer provide back-up opinions in these situations. Joann Howard 7260 West 31st Place Ms. Howard stated that her property is adjacent to horse property which continually causes odor problems at her residence and in her street. She presented photographs of the horse property to members of the Commission for their review. She stated that she didn't think it would be proper to have a member of the Animal Welfare Commission member take part in regulation of nuisance problems because her neighbor was a member of that Commission. Ms. Reckert stated that the subject horse pen has been moved twice, and is still thirty feet from adjacent neighbors which meets the requirement that the enclosure be located thirty feet away from a main structure (not thirty feet from the property line). Ms. Howard stated that moving the pen had not alleviated the odor problem. Commissioner THOMPSON stated that she could understand Ms. Howard's problem and asked Ms. Howard to comment on the proposed nuisance ordinance. Ms. Howard replied that she thought the nuisance ordinance was ridiculous and that she would like to see each property considered individually on the basis of its impact on surrounding neighbors. Commissioner THOMPSON suggested the possibility of requiring certain properties in situations such as this one to be cleaned more often. Planning Commission Page 5 03/04/99 Ms. Howard suggested instituting use permits similar to those used by the City of Golden Ms. Reckert stated that the reason Golden adopted the right to use permit was in order to craft something for each property; however, this permit process doesn't seem to be the sentiment of the citizens of Wheat Ridge. Chair BRINKMAN commented that, after looking at maps of Wheat Ridge, Ms. Howard's neighborhood seems to be the only area in Wheat Ridge where a subdivision has designed two cul-de-sacs to back up to each other this drastically. Commissioner DOYLE asked if the pictures were taken over a one day, one week, or one month span. Ms. Howard replied that she didn't know because she had not taken the pictures. She also stated that the photos were taken two years ago. K. W. Penn 4675 Parfet Street Mr. Penn asked about the continuous use requirement. He stated that his property is under a half-acre and he has two horses, one of which will be removed from the property for approximately one year for breeding purposes and asked, in the event something should happen to his remaining horse, if he would lose the right to keep horses on his property. He asked how horse equivalent units would apply to miniature horses. He also commented that the ordinances are trying to address two complaints while there have never been any problems with horse properties in his neighborhood. In response to a question from Commissioner GOKEY, Ms. Reckert stated that Mr. Penn would not lose the right to keep a horse, if he doesn't have continuous use, because of the provision for A-1 substandard lots requirement for 9,000 square feet. Mr. Penn asked if he was going to have rebuild his stud pens. Chair BRINKMAN replied that he would not. In response to a question from Commissioner THOMPSON, Mr. White stated that if a lot size is correct for a horse and the pen size is correct, it is not nonconforming because the use is grand fathered in. Chair BRINKMAN declared a recess at 9:05 to give opportunity for the staff to discuss the continuous use on nonconforming properties. The meeting was reconvened at 9:20 p.m. Mr. White corrected his previous statement regarding continuous use on nonconforming properties. He stated that, as the ordinance is presently written, a horse owner in a nonconforming situation would be allowed to keep the nonconforming status unless the horse is away from the property for two months or longer. Planning Commission Page 6 03/04/99 Chair BRINKMAN requested that staff notify Mr. Penn of this error since he had already left the meeting. Ms. Reckert stated that she would definitely contact Mr. Penn, and commented that it is difficult for staff to make determinations during meetings without the benefit of zoning maps and site layouts showing positions of buildings, etc. Chair BRINKMAN stated that the issue of continuous use is not covered for A-1 and A-2 properties and asked if this was the intention of the ordinance. Ms. Reckert replied that this was probably an oversight and that it should apply. Kim Fear 7340 West 32nd Avenue Ms. Fear stated that her property is the subject of the photographs submitted by Ms. Howard. She stated that as soon as she was notified by the Code Enforcement officers, she moved her pen. She moved the pen a second time after Code Enforcement came back and told her that the pen needed to be 15 feet inside the property line. She stated that second time she moved the pen was due to an error on the part of code enforcement. She stated that her property is conforming in that she has 10,000 square foot of land and her pen is 942 square feet and would still be conforming under the new regulations. She stated that since the pictures were taken, she has been very conscientious in cleaning the pen two to three times a week and more during summer months and that she doesn't have trouble with odor in her house. She stated that she is doing her best to be accommodating but that she didn't think her neighbor will be satisfied until her horse is removed from the property. She stated that she is a member of the Animal Commission and agreed with Ms. Howard that it would present a conflict of interest to have the Commission involved. Commissioner THOMPSON asked if it would be possible to add a sentence in the ordinance to the effect that in specific cases, as determined by code enforcement officers, more frequent cleaning could be required to address particular situations. Ms. Reckert stated that this was discussed at a previous hearing and the city attorney was uncomfortable with giving that discretion to a code enforcement officer. Commissioner THOMPSON suggested adding another person such as the animal parks enforcement officer. Mr. White stated that he would not want a code enforcement officer to be acting as policeman and judge out in the field, but perhaps there was a way to include recommendations from both a code enforcement officer and an animal parks enforcement officer. Rick Lopez 10755 West 46th Avenue Mr. Lopez stated that he was in favor of the proposed ordinance but was concerned about Commissioner THOMPSON's suggestions to require extra cleaning in certain situations. Planning Commission - Page 7 03/04/99 Wayne Wendell 3430 Vivian Court Mr. Wendell sated that there are a number of lots in Wheat Ridge that meet the square footage requirements to have a horse but would present an immediate source of problems to the neighbors. He did not think the proposed ordinance will be a solution to all the problems that could occur with horse properties within Wheat Ridge. Diane Christensen returned to the podium and asked if her land was agricultural. Ms. Reckert informed Ms. Christensen that her property was zoned A-1 and in order to have a horse, she has to have 9,000 square feet of open space plus an 800 square foot pen. Mr. Christensen asked if composting is allowed. Mr. White replied that his interpretation of the ordinance is that if the compost pile is not offending adjacent properties by either odor or flies, then a compost pile would not be in violation. Chair BRINKMAN asked if there were others present who wished to address the Commission. There was no response. Commissioner THOMPSON moved and Commissioner GOKEY seconded that Case No. ZOA-98-01, proposed revisions to the zoning code relative to the keeping of large animals, be approved for the following reasons: The proposed changes to the clean-up period address different sized corrals in residential zones and on substandard agriculturally zoned lots. With the following condition: Section (b) be revised to read: "for residential lots and substandard sized agricultural lots, manure and liquid waste allowed to accumulate for more than one week in corrals less than 1,000 square feet in size and more than two weeks in corrals 1,000 square feet or larger in size shall constitute a nuisance as determined by the Code Enforcement Officer of the City of Wheat Ridge and by the Wheat Ridge Code of Laws, Chapter 15. 2. Sections (L) (1) (a) be amended to include two ponies as a horse equivalent. Commissioner MACDOUGALL stated that, based upon his previous experience in dealing with manure management issues while employed by the Health Department, he felt it will be difficult to enforce the ordinance. Chair BRINKMAN offered the following amendments: That the words "liquid was" in Section (L) (1) (b) be changed to "liquid waste." Planning Commission - Page 8 03/04/99 That Section (L) (1) (g) and (L) (1) (h) be swapped for the sake of consistency. The amendments were accepted by Commissioners THOMPSON and GOKEY. Mr. White asked for clarification regarding section (L) (1) concerning private stables. Commissioner THOMPSON replied that after hearing Ms. Turner's comments, she was satisfied with the present wording. The motion passed by a vote of 6-0 with Commissioners SHOCKLEY and SNOW absent. Commissioner COLLINS moved and Commissioner GOKEY seconded that Case No. ZOA- 98-01, proposed revisions to the code of laws relative to nuisance regulations, be approved for the following reason: It will allow personal testimony as prima fascia evidence in court. The motion passed by a vote of 6-0 with Commissioners SHOCKLEY and SNOW absent. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. State Beauty Supply Chair BRINKMAN stated that lighting in the rear of this property shines directly into neighboring yards on the east of the property and asked that staff contact the owners to redirect the lights. B. DRCOG 20 20 Plan Commissioner THOMPSON asked if staff would look into the feasibility of purchasing the Ridge Home property as open space under the DRCOG's 20 20 buffering plan. C. Lingerie Modeling Businesses Commissioner THOMPSON asked if staff had been able to address this issue. Mr. White replied that the city attorney is presently reviewing the appropriate regulations. D. Absence Commissioner GOKEY stated that he will be out of town from March 20 through March 28. E. COMP PLAN Hearings Mr. White distributed copies of material for discussion at the next Comprehensive Plan hearing to be held on March 18, 1999. Planning Commission Page 9 03/04/99 10. NEW BUSINESS There was no new business. 11. DISCUSSION ITEMS There were no discussion items. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS to adjourn the meeting at 10:40 p.m. The motion passed by a vote of 6-0 with Commissioners SHOCKLEY and SNOW absent. ANNE BRINKMAN, Chair Ann Lazzeri, Recording Secretary C:\B ubaca\PCRPTS\PLANGCOM\PCMINUTE\ 1999\990304.wpd Planning Commission Page 10 03/04/99