Loading...
HomeMy WebLinkAbout03/05/15► 4 � City of VV TV Me at �Icigc PLANNING COMMISSION AGENDA March 5, 2015 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on March 5, 2015 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *11genda packets and minutes are aiwilable online at http. ci. wheatridge. co. u..0511'lanning- Coininission 1. CALL TIIE MEETING TO ORDER 2. ROI,L CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (items of new and old business may be recommended for placement on the agenda.) 5. A PPROVAL OF M INUTES — January 15, 2015 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. ' Case No. BOA- 15 -01: An ordinance providing for the sunset of the Animal Welfare and Control Commission. 8. OTHER ITEMS A. Election of Officers 9. ADJOURNMENT Individuals vvith disabilities are encouraged to participate in all public ineetings sponsored by the City (,?f Wieat Ri(k ('all Headier Geyer, public Iqf6rniation Q1 86 at least one week in adiimnce qfa B eer at 303 -235-22 meefing if you are interested in partict�.)ating and need inchision assistance. 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRIM at 7:00 pm. in the City Council Chambers of the Municipal Building, 7500 W nue, Wheat Ridge, Colorado. e Sa. u k n �l 2. ROLL CALL OF MEMBERS Commission Members Present; Brinkman 4 Emery arsey Donna kirtnse, —ott Ohm mt` a,T1n1tn eaver . lnbers Alent: Staff Members r ent La Mikulak, Senior Planner �� , , , Sara � Planner 11 "UNIN aJl llz� eed Recke, Setxcx Planner M � ,nia, aggoner, Recording Secretary 6 t 3. A!' GE OF ALL JANCk '> , 4 IN 4, APPRCt� GR3ER ( HE REVISED AGENDA � a It was moved o sioner TIMMS and seconded by Commissioner OHM to modify the Aad Resolution 01 -20:15 under Other Items. Motion carried 7 - 0. . APPROVAL OF MINUTES -- December 18, 2014 It was mop =ed by Commissioner BUCKNAM and seconded by Commissioner OHM to approve the minutes of December 18, 2014, as written. Motion carried 6-0 -1 with Commissioner WEAVER abstaining. Planning Commission Minutes January 15, 2015 as PUBLIC FORUM (This is the time for any person to speak, on any subject not appealing on the agenda.) No one wished to speak at this time. A. Case No.,ZOA-14-06: Ms. Mikulak presented the case. She entered into the reg-rd vp the contents of the case file, a, the zoning ordinance, the draft ordinance and the di 'esentation. She stated the public noticing and posting requirements have be t Planning Commission will make a recommendation to City Council whicl . . . . . . . authority. She stated that the ordinance includes revisions to several chap,.t r q ing Commission has jurisdiction over the ac nts in Clapfi The purpose of the amendment is to implement a cap onan turers (3) in the City; to modify the approval proce" T new st view all types of signage, permanent and tempos { ' i ur ng 11 -d-presenta. ""T It ulak 1 1 u distributed one page of proposed arnendmen" d g v lbeen prepared ity - Attorney's office. These entred into the' "` as Exhibit After the staff presentation, Coil and to the building codes are col, Mikulak indicated thatibe 2012 ventilation for marijuai In response to a t questl( 11, , k policy decision o mi December I City Coun Commissioner TIMMS reading of the ordinam Commissioner WEAV stated that the cap of fi moratorium had been i opening of a sixth loca liquor stores, to which the modifications to Chapter 5 6ents for building safety. Ms. , dtftendments related to ommissi , oqr TIMMS, Ms. Mikulak indicated that the a&,,stores wsp. I use lead ad been discussed at the ,,ecia se9s14,Jt ,, In response to another question from not knewliat the vote of Council had been at the first sked why the cap had been set at five stores, Ms. Mikulak igns with the existing conditions, and noted that the ited when there were public concerns over the potential Commissioner WEAVER asked if there was a similar cap for Mikulak responded she was not aware of such a limit. Commissioner BUCKNAM asked for clarity on why marijuana- related advertising is subject to restrictive sign regulations and asked if these regulations were optional or mandated by the state. M. Mikulak explained the City Attorney has opined that municipalities can regulate the content, words, and images appealing in marijuana related signage, but cities have the option of locally adopting such regulations. Commissioner BUCKNAM expressed concern that marijuana related businesses were being regulated differently and more strictly than liquor stores, He noted that that Planning Commission Minutes January 15, 20115 -2— separation from parks and the aerial measurement method created a more exclusionary environment. In response to his question, Ms. Mikulak indicated that the new separation from parks was based on public concerns and the proximity between marijuana stores and places where children congregate. Chair BRINK AN asked again for clarity on which sign regulations were mandated by the state and asked why they were being adopted locally. Ms. Mikulak explained that the state did not appear to have the resources to enforce all sign-related regulations. By adopting this language locally, there is clear jurisdiction for the City to enforce these regulations. "Adh In response to a question from Chair BRINKMA ikulak indicated that the parks separation does not consider whether or not a was purchased with GOCO funds. Chair BRINKMAN asked staff to clartfy3h of e exis in es would become nonconforming. Ms. Mikulak clariflecl t the store in the north" comer of the City would remain conforming because it is zcin d I-F; the , PCher four sto" '' Ould become legally nonconforming. In rqWonse to another question', she also con that if a property rezoned from C- I t' d use distribt fh y would no longer an eligible site for a marijuana-related busin""""" Chair BRINKMAN asked staff t es in oth municipalities affect Wheat Ridge and if tho snap 'owing separgion, 'or codified. Ms. Mikulak explained f 4"haffer was" p aration requirement included in the original regulatio , n,; The ong te eparation was to reduce the ............ density of these" Ores and "O"r this reason �,has always been measured against stores it p tside oft ,fit The" included with the packet is for illustrative �5 "M P" ill)a4*e as n and close; it is not being codified. is heaning. No one wished to speak. N cld* the public hearing # I # i I # # i # # # # Planning Commission Minutes -3— January 15, 2015 Commissioner BUCKNAM offered a friendly amendment to the main motion proposing that the ordinance be adopted as written with the exclusion of the 1000- foot parks and recreation separation. Commissioner TIMMS did not accept the amendment. Ms. Reckert advised the Commission that they do not have jurisdiction over Chapter I I in which the parks separation is located; she advised that all modifications by the Planning Commission be made in Chapter 26. Commissioner BUCKNAM stated that the purpose of the Commission is to assess land use regulations as it relates to the City's zoning, and he opined that the separation requirements of Chapter I I are detacto zoning regulations and therefore within the jurisdiction of the Planning Commission. He stated that the separation requirements effectively restrict land uses within a properly zoned area further than the zoning regulations themselves. He clarified again his acceptance of the existing separation requirements, and stated he is only seeking that the parks and recreation separation be removed from tile ordinance. In response to a question frog 6mmissioner WEAVER, Ms. Mikulak indicated that Chapter I I pertains to busine"g',$'es""a"n'd"l,'�c,ensing and does include regulations pertaining to the time, place, and manner of businies ` s which call resemble the zoning regulations that appear in Chaptef 's friendly 4-3 with 'Commissinners BRINKMAN, OHM, and mmm Um Motion approved 4-3 with Commissioners ►RINKMAN, OHM, and TIMMS voting no. Planning Commission Minutes - 4 -- January 15, 2015 k In response to Commissioner BUCKNAM's inquiry, IVM . White pointed out I -E zone districts on exhibit 7. Commissioner BUCKNAM asked if the building height of 50 -feet would typically accommodate a cellphonelbroadcast tower [ s .eckert stated all the cell tower regulations limit the height of freest ers to 0- feet with antennas that extend v beyond that and would be a pennitted the I -E zone district. Ms. Mikulak stated 50 -feet is the maximum height in the lercial -One district. Commissioner WEAVER ask pc development what does the "3 ` the Swadley ditch has already Reckert stated the property owl any modifications Generally, d sediment and offstte, aters into of the taroxerty: lwill not.bco if the agn are actively used and upon deed to dot the ditches. Ms. White replied trop ased Wa l is the only open channel. Ms. voul� `' d to get' �val from the ditch company for tc eornp } ati" Is rein rf enclosure to eliminate he �ttch St t�,� erou Ito go around the perimeter Commissioner I lS ask t fthe I -E I1 district allows outdoor storage. Ms. Reckert stat4 it does as long, , ,1,,,t firorrijolic streets. Ch it BRINKMAN inquifa bout die""N � dent concern from the neighborhood meeting regarding West 50 ,r shoe % extended from the tentlimis at the eastern property line of the subject site, wit to Parfel reet. Ms. White replied that would be relevant for any future development that might o b ir, particularly on the southern portion of the site. It would go to public heating as a right -of way designation. Chair BRINMAN asked if a right -of=way vacation would be considered. Ms. Reckert stated she thought it had been vacated with the plat in 2011. 50` Avenue has been a topic of discussed for many years. It is staff's vision to have some sort of industrial arterial to allow traffic to flow east and west in the industrial areas without having; to access the Frontage Read. Staff thinks it is a good idea and would consider fully for development on the subject property or property to south. Planning Commission Minutes -5— January 15, 2015 Chair BRINKMAN opined the ditch companies should have the same weight as the other districts for referrals. Greg Herbers 14995 Foothill Rd., Golden, CO Mr. Herbers stated be had no additional comments. Commissioner TIMMS asked the applicant if he envisioned a mini-storage facility for the entire site and if the existing house /office would be kept, Mr. Herbers replied yes and the house will be kept for an office. There will be no outdoor storage or outdoor vehicle storage. Mike Wehling 3170 Wright St. Mr, Wehling stated he has not obj the west. He stated his concerns z site that was to be removed. ' Chair BRINKMAN closed the Ms. Reckert sti A zone change ,c. His father owns the land to dirt that was hauled into the had pre *,ipusly been occupied by an electrical contractor. istrial De�' i (PID) was granted in 2005 with plans T he dirt was brought in for development forcernent negotiations began with two e dirt t iugh a Final , 17011 ht in or go tlir( brought - Wment to acknowledge the dirt and work on the drainage. packet] shows the top portion being used with the house r ser-,ing as a detention area. A large pond was built. She Public Works for reniediation of drainage issues. Before staff would review soil infiorniation and core drillings. asked if a FDP was accomplished, Ms. Reckert replied yes. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-15, a request for approval of a zone change from Planned Industrial Development and Agricultural-One to Industrial- fawtm-tioertv located at 5130 Parfet Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety or welfare. Planning Commission Minutes -6- January 15, 2015 azzmlM�� The commission took a break until 8:15 pm. Ms. Mikulak presented this case. She enterer file and packet materials, the zoning ordinaT presentation, She stated the public noticing i She reviewed the staff report and digitatpres document that establishes standards,, " r.,,,,,size, campus or unified development. TI"rpos designed unified signage for a larger propert identification of businesses,,., She stated mast Commission and Commissioner BUCKNAM north that are as tall as the p Mikulak sta no within a ' 14, n o l location and d' e is to encourage but still, allowin the contents of the case -nsive plan and the digital irements have been met. sign plan is a of signage on a ifirplanned and [a in the vicinity or further a on sheet two. Ms. is in the vicinity. Signs ner-UUCKNAM confirei mdl R zoning for the development to the south is 04OW 1. M s WO ed. Chair BRINKMAN stated ' outdated. She asked if a future tenant woul th " e or with a future sign code, if it is updated'. Ms. M woul be defaulted to. Animation and vide o.is ,not permitted in the current codes. if a sign technology is installed on the site and cannot comply with a future code updated, the technology could be considered legally nonconforming. Chair BRINKMAN asked if light from signs is prohibited from spilling onto other properties. Ms. Mikulak replied there is a provision in the exterior lighting standards that requires light to be substantially cut off at property line. The nuisance ordinance has been utilized to ask operators and businesses to turn down the brightness of signs. Chair BRINKMAN asked if there were any concerns about light pollution due to the placement of signage in relation to the apartments at the Momingside development. M. Mikulak stated she wouldn't expect any concerns as those signs will be 8-feet tall, She deferred to the applicant. Planning Commission Minutes -7— January 15, 2015 Alicia Rhymer Development Director for MVG Development Ms. Rhymer stated it is important to ensure a unified sign plan ties into the overall development while allowing tenants to advertise in a complimentary manner. She stated she feels the proposal accomplishes those goals. In response to Commissioner TI S question, Ms. Mikulak stated the combined size of Lots 1-4 is 6.35 acres. Commissioner TIMMS asked if Morningstar will get gapanel on the proposed 19-foot ........ freestanding sign on Kipling. Ms. Rhymer stated M,.§",`#9hgstar will have the fourth panel, unless Lot 2 has a multi - tenant tenant ui III I h case the multiple tenants will split the panel space and Morningstar - ill n , railer sign. Chair BRINKMAN asked the applican t potential pollution facing the WA all the signage I illuminated and assisted living tenants. Ms. Rhyme",,11 s, Morningstar is cognizant of screenil d doing what is nece' to reduce d cc impacts to residents. There are no concerns. Ms ulak stag the landse"J" "j Ian is not show "'06 on the sign plan, but Morning is h 1vt Ols""" Wed along the 35 frontage which would screen the sim Chair BRINKMAN closed Chair BRINKMAN stated she is considering voting no, not because she didn't like the plan but to make a point that the sign regulations are woefully out of date and need to be updated. She likes the proposal but fears the commission will get more sign plans in the future, before the sign codes are updated with more rigorous standards. Commissioner OHM agreed that the sign code should be updated. He pointed out, however, that the applicant did compromise on the proposed plan and which includes 50% less square footage in exchange for more height. Planning Commission Minutes -8— January 15, 2015 D. Case No. WV-14-01: After the staff presentation, Commissioner TIM w'1 ed about the nature of the small accessory building located in front of the scho Mikulak stated it has been used as a caretaker's cottage, library, and office o. u 1 rs. it is not subject to the historical designation and may be removed t reu' Chair BRINKMAN asked why the p=ty w n ot being ed to consolidate the multiple zone districts that cover the , � Ms. Miku1aK stated zoning of the property is considered premature until an end user is certain. u . create an additional barri of the HousinLy AuthoritV1 designation ensures mm Chair MN MW had been sought"winee it can Ikulak indicated that the purpose ).,preserve the building which this wished to speak. s;a by "Issior IR and seconded by Commissioner O . .. ..... . VIE ds to t Ammer dAPPROV" Case N o. WV- 1 4 -0 a request for "0 ion of an crest in the land adjacent to and potentially part of the 44th A t-of and adjacent to 10803 W. 44th Avenue, for the 4xig rea vai on will not leave any adjoining land without access to an i t-of-way. ti # onformity with the most recently enacted goals rans ortation section of the c 9SEMEEMMEOM Planning Commission Minutes -9- January 1 5, 201 5 8. OTHER ITEMS A. Resolution 01-2015: A resolution establishing a designated public place for the posting of meeting notices as required by the Colorado open meetings law. Ms. Mikulak stated the purpose of the resolution is to fonrially declare that meeting notices are officially posted in the lobby of city ball. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve Resolution 01-2015, a resolution establishing a designated place for the posting of meeting notices as required by the Colorado Open Meeting law. B. A meeting is tentatively scheduled for F C. In response to Chair BRINKMAN's vote for the Chair and Vice Chair in � commission will -1 by City Council by Commissioner KIMSEY Planning Commission Minutes January 1 5, 2015 ner, Recording Secretary PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: March 5, 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION E PUBLIC HEARING [9 CODE CHANCE ORDINANCE Case Manager: Lauren Mikulak, Senior Planner Date of Preparation: February 25, 2015 SUMMARY: The proposed ordinance sunsets the Animal Welfare and Control Commission (AWCC). The Commission is no longer needed to perform functions which are otherwise in the charge of other City departments. The enclosed ordinance was prepared by the City Attorney's Office. Amendments affect Chapters 2, 4 and 26 of the municipal code. Because the Zoning and Development Code is proposed to be modified, the Planning Commission has jurisdiction to review the ordinance and provide a recommendation. Notice for this public hearing was provided as required by the Code of Laws. The Home Rule Charter, Section 9. 1, permits the City Council to create and dissolve boards and commissions. City Council, the AWCC, staff, and an independent facilitator analyzed the role of the commission several times in 2014, and it was detennined that a sunset was appropriate (see attached timeline from Division Chief Jim Lorentz). STATEMENT OF THE ISSUES: In the proposed ordinance, all reference to the AWCC in Chapters 4 and 26 are replaced with references to the Chief of Police. In the zoning code, the only reference to the AWCC is in Section 26-605 related to the keeping of large animals. In the future, the Chief of Police and Community Services Team will regulate manure management plans and address complaints. ZOA- 1 5-01 / AWCC City of V V POLI CE DEPARTMENT Al On January 10, 2014, the police department requested the assistance of a professional facilitator to work with the Animal Welfare and Control Commission AWCC members were apprised of this request and have been supportive in this process. June Ramos of J. Ramos Associates, LLC was selected to work with Staff and the AWCC. Interviews with members began in April 2014. On July 15, 2014, Ms, Ramos presented the AWCC City of Wheat Ridge Summary Report/Data Interviews to the AWCC. Ms. Ramos presented her report to City Council at a Study Session on September 15, 2014. On January 26, NI directed the City Attorney to prepare an ordinance for the sunset of the Animal Welfare and Control Commission as it is no longer needed to perform functions which are otherwise in the charge of other City departments. Sunset of the Commission will reduce staff, time and expenses in staffing and conducting meetings of the Commission. The Home Rule Charter, Section 9.1, permits the City Council to create and dissolve boards and commissions. The Animal Welfare and Control Commission has functioned since 1977. In recent years, it has been difficult to fill the required members, including one veterinarian. Additionally, the work of the Commission is largely accomplished by City staff. ATTACHMENT: CITT OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2015 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01 WHEAT RIDGE, COLORADO: IIIIIIIIIIqIq �I 1�111 1-1�1 11 The following boards and commissions of the city are hereby established Cultural commission, anirs-al GO.R.401 G0FnPAi&Si9A, parks and recreation commission, building code advisory board, planning commission, and board of adjustment. Section 3. Section 2-56 of the Wheat Ridge Code of Laws, entitled "Animal welfare and control commission," is repealed in its entirety and renamed as "Reserved." Section 6. Section 4-14 of the Wheat Ridge Code of Laws entitled "Exotic or wild animals" is amended to read: 02MIMMM g. Prior to the granting of an exception, owners must review educational materials provided by the aA4*kilAvelfafe-and CHIEF OF POLICE related to the care and keeping of potbellied pigs; i A 17-Z no A s &. IN. Wre =#- 1! !E 15. 1 I il• A ppli ca tio n for w. ne k e n ne l li cen s e fo t rans f e r a existing license shall be made to THE CHIEF OF POLICE and . * . a... ♦ +*i.. **.:r w : * w s w . s . w • srw a * • .. welfafe-an,%A WWI The application shall include a detailed description of the property to be licensed. Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this tie ction during normal posted business hours. Section 8. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws are amended to read. E. After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the I Welfa% GGA491 GGMMi66i9A CHIEF OF POLICE. . . . . . . . . . . 1 4 0 , 1 1 1 - V 1 1 1 re U M.M Alma- ft WC ilT w• re F n e. ft M.M[Mr. Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this tie ction during normal posted business hours. Section 8. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws are amended to read. E. After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the I Welfa% GGA491 GGMMi66i9A CHIEF OF POLICE. Section 9. The Wheat Ridge Code of Laws is amended by the deletion of all other references to the animal welfare and control commission not contained in Sections 1-6 above and the replacement of that phrase with "COMMUNITY SERVICES TEAM SUPERVISOR." Section 1 0. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to — on this — day of — ----- - , 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for 2015 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this — day of 2015. SIGNED • the Mayor on this — day • 2015.