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HomeMy WebLinkAbout04/15/1999CITY OF WHEAT RIDGE PLANNING COMMISSIONO - Minutes of Meeting (.1 k1 NA L April 15,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on April 15, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle . Dean Gokey Don MacDougall Nancy Snow Janice Thompson Commission Members Absent: Tom Shockley Staff Members Present: Alan White, Planning Director Meredith Reckert, Senior Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of April 15, 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 ORDER OF THE AGENDA Commissioner GOKEY moved and Commissioner SNOW seconded to approve the order of the agenda. The motion passed by a vote of 6-0 with Commissioner COLLINS abstaining and Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner SNOW requested that page 7 of the minutes be amended to state that Mr. Von Brehm indicated his opposition in writing. Commissioner GOKEY moved and Commissioner MACDOUGALL seconded to approve the minutes of the April 1, 1999 meeting as amended. The motion passed by a vote of 6-0 with Commissioner COLLINS abstaining and Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. Planning Commission Page 1 04/15/99 7. PUBLIC BEARING A. Case No. WZ-99-06 An application by J&B Accountants for approval of a rezoning from Residential-Two to Restricted Commercial-One for the purpose of operating a tax accounting practice on the property located at 8151 West 44th Avenue. This case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. She distributed a copies of a memorandum dated April 15, 1999 from Bill Cassel, City Forester and a survey form from the Colorado Cultural Resource Survey to members of the Commission. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. Staff acknowledged that the proposed rezoning would allow for elimination of a nonconforming use. Because of the existing zoning on the property, the owners cannot demolish the deteriorating building and rebuild in a less intensive manner. With the reasons outlined in the staff report, staff would normally support this type of proposal. However, because of incompatibility with the Comprehensive Plan and adjacent land use and zoning, staff felt obligated to give a recommendation of denial. Ms. Reckert read the following excerpt from the RC-1 zoning classification into the record: "To provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood property values." Commissioner GOKEY stated that he felt the design of the proposed building would be compatible with homes in the neighborhood. Commissioner THOMPSON asked if the building is structurally sound for remodeling. Ms. Reckert replied that the city's building inspector is not sure that it is. She noted that there is also a problem with handicap accessibility. Chair BRINKMAN expressed concern about creation of spot zoning. Commissioner DOYLE stated that there should be a buffer zone between 44th Avenue and the residential areas. Commissioner SNOW asked if this case could be appealed to the Building Code Advisory Committee. Mr. White responded that the Committee can only hear appeals to decisions of the chief building official and cannot make decisions on zoning matters. Planning Commission Page 2 04/15/99 James Hatcher 1960 South Youngfield St., Lakewood Mr. Hatcher was sworn in by Chair BRINKMAN. He stated that he is the architect and a planning consultant for the applicant. He stated that there is no historic significance attached to the present building except for its age. Because the building is a nonconforming use, necessary upgrades cannot legally take place. The only vehicle to solve this problem would be a rezoning to RC-1 as requested. He felt that the proposal would provide a nice transition from a heavily traveled street back into an R-1 district. It is residential in character but compatible with the use of 44th Avenue. He stated that, while it is not in the confines of the Comprehensive Plan, it probably should be because of the transitional use of this particular property. In response to concerns about spot zoning in this case, he concluded that the proposed use lends itself very well to transitional use. In response to a question from Commissioner SNOW, Mr. Hatcher replied that he is aware that the building must provide access for handicapped individuals. Jeffrey Johnson 8370 West 77th Way, Arvada Mr. Johnson, one of the owners of J&B Tax Accounting, was sworn in by Chair BRINKMAN. He stated that their business has been in operation at this location since 1974 and they wish to remain in Wheat Ridge. He stated that their present building is extremely run down and the owners wish to replace it with a building that will not only be compatible with the neighborhood but will also increase adjacent property values as well. He informed the Commission that they sent 200 flyers around the neighborhood concerning the proposed project and did not receive any dissenting opinions. In conclusion, he stated that they would abide by all conditions placed on the rezoning by the Planning Commission. Commissioner THOMPSON asked Mr. Hatcher if he would be agreeable to placing the landscaping on the inside (rather than the outside) of the fence. Mr. Hatcher indicated his agreement. In response to a question from Commissioner SNOW, Ms. Reckert explained that there is adequate parking on the site. Bob Olson 5050 Raleigh Street, Denver Mr. Olson was sworn in by Chair BRINKMAN. Mr. Olson stated that he was not representing the Wheat Ridge Historical Society; however he is involved with a grant program received by the Historical Society which involves collection of data on all structures built prior to 1919. He demonstrated on an aerial map the existing buildings in the subject area which were built before 1919. The subject building was built in 1908 and is representative of the type of development which occurred during this time when the 160- acre farms were being subdivided into smaller truck farms. He asked that the Commission Planning Commission Page 3 04/15/99 consider the fact that, even though this house does not have any historical significance of its own, it could possibly be part of some future historic district. It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that Case No. WZ-99-06, a request for approval of rezoning from Residential-Two to Restricted Commercial One for property located at 8151 West 44th Avenue be recommended for approval for the following reasons: 1. It will eliminate a nonconforming use. 2. It will allow the historic use of the property to continue. 3. It will allow the owners to demolish a deteriorating building and build a new structure which has less impact to adjacent residences. 4. There was no one speaking in opposition to this use. 5. The adjacent church property has a more intense use than the current zoning request. 6. . It will be consistent with the goals and objectives of the Comprehensive Plan to transition from commercial into residential uses. With the following conditions: 1. That an intensive landscape buffer be provided along the north and east property lines including a six-foot wide landscape buffer adjacent to the parking on the east side. 2. That the site plan be attached as an exhibit to the ordinance. 3. That none of the permitted principal uses allowed in RC-1 zoning under Section 26- 20 (13)(3) RC-1 be allowed on this property. 4. That the building height would not exceed twenty-five feet. Commissioner SNOW stated that, even though she would like to see this business stay in the City of Wheat Ridge, she would vote against the motion because she believed that if this building is torn down, it should be replaced with a duplex. She stated that approval of the motion would open the door for more commercial development west along 44th. The motion passed by a vote of 6-1 with Commissioner SNOW voting no and Commissioner SHOCKLEY absent. 8. STUDY SESSION Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session for discussion of the Comprehensive Plan at 9:12 p.m. Rather than discuss the Comprehensive Plan, the Commission decided to set a study session for the April 22, with the topics of discussion to be the following chapters of the plan: 1. Community Character Planning Commission Page 4 04/15/99 2. Sustainable Economic Development 3. Transportation There was a consensus of the commission to direct staff to look at counseling clinics in the R-C and R-C 1 zone districts. It was felt that these uses are not compatible with the intent of these zone districts.. 9. OLD BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT It was moved by Chair BRINKMAN and seconded by Commissioner GOKEY to adjourn the meeting at 9:35 p.m. The motion passed by a vote of 7-0 with Commissioner SHOCKLEY absent. ~~f u~.~l(GLh, ANNE BRINKMAN, Chair C:\Barbara\PCRPTS\PLANGCOM\PCMINUTE\ 1999\990515.wpd Ann Lazzeri, Recording e ` tary Planning Commission Page 5 04/15/99