HomeMy WebLinkAbout09/21/2000CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
September 7, 2000
Commission Members Present:
'lanning Commission Page I
September 7, 2000
S. APPROVAL OF MINUTES
Commissioner COOPER referred to Louise Turner's comments in the last paragraph of page
three of the minutes concerning the consideration of increasing setback requirements for very
tall houses. It was decided to add this as a discussion item under New Business.
It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS
approve the minutes of August 17,2000 as presented. The motion passed 5-0 with
Commissioner DOYLE abstaining and Commissioners MacDOUGALL and
THOMPSON absent. I
C PUBLIC FORUM
There was no one to appear before the Commission.
so
A. Ca�c No..,MS-00-05: An application by Steve Aberle for approval of a three-lot minor
subdivision for property zoned I and located at 4840 Van Gordon Street.
This case was presented by Meredith Reckert. She reviewed the staff report, presented slides
and overheads of the subject property. All pertinent documents were entered into the record
and she advised the Commission they had jurisdiction to hear the case. Staff recommended
approval of the application with conditions as outlined in the staff report.
-�� R�ecker�
X n t exylained that a tbundi�y
with the operation as described by the owner is a permitted use in the zone district.
Commissioner COOPER asked if Mr. Aberle had received input from neighbors concerning the
proposed subdivision. He replied that he had not.
In response to questions from Vice Chair SNOW, Mr. Aberle stated that the proposed building
will be stucco over concrete.
Planning Commission Page 2
September 7, 2 000
It was moved by Commissioner DOYLE and seconded by Commissioner McNAMEE th
Case No. MS-00-05, a request for approval of a three-lot minor subdivision on Light sl
Industrial zoned land at 4840 Van Gordon Street, be approved for the following reason
1. A subdivision is required to create three separate, developable lots.
2. With the exception of items mention in section 11 of the staff report, all
requirements of the Subdivision Regulations have been met.
# I I I I I # I
1. A note be added regarding a blanket cross access easement on the property
consistent with Exhibit "B" of the staff report.
2. The drainage easement maintenance language be modified to be consistent with
Exhibit "C" of the staff report.
I � I iy� I q I i�� I'! I 1 1111 1 1
This case was presented by Meredith Reckert. She reviewed the staff report, presented slides
and overheads of the subject property. All pertinent documents were entered into the record
and she advised the Commission they had jurisdiction to hear the case. Staff recommended
approval of the application for reasons outlined in the staff report.
Chuck Rech
4643 South Ulster Boulevard, Denver
Mr. Re h, the applicant, was sworn in by Vice Chair SNOW. He invited questions from the
Commission.
In response to a question from Commissioner GOKEY, Mr. Rech explained that there is still
sufficient room • the tower for other carriers to collocate antennas.
Planning Commission Page 3
September 7, 2000
Chuck Rech explained that propane tanks shown on the plan are for the purpose of powering
back-up generators. In regard to access roads, he explained that once tile unit is completed. the
gravel road access will be used only be used on a monthly basis,
Vice Chair SNOW asked if there were others present who wished to speak on the matter.
There was no response.
It was moved by Commissioner DOYLE and seconded by Commissioner GOKEY that
Case No. t request for approval of an amendment to a Planned Industrial
fj
it 4836 Van Gordon Street U
1. An amendment is required to allow the collocation of CMRS panel antennas on an
existing tower, along with related equipment, in the P zone.
2. The plan amendment could alleviate the necessity of additional freestanding
CMRS towers.
11111 ij�i' I
V1. CLOSE PUBLIC HEARING
Vice Chair SNOW declared the public hearing closed.
A. Tabor and 44th - Vice Chair SNOW inquired as to the status of the rezone request that
was denied at this location. Meredith Reckert replied that the applicant is in process of
requesting a rezone to PCD.
Commissioner SNOW expressed concern about the number of banners at the Elway
Ford dealership. Meredith Reckert will have code enforcement investigate the situation.
Planning Commission Page 4
September 7, 2000
'0. NEW BUSINESS
A. Urban Renewal Authorill Plan Amendment Resolution - A resolution deleting
seven parcels from the URA was presented to the Commission for consideration. The
parcels are being deleted because they have produced little property tax increment since
formation of the urban renewal area in 1981. It is anticipated that the deleted areas will
be included in another urban renewal area to be formed at a later date.
Commissioner DOYLE explained that he voted no because the seven parcels will remain in the
present urban renewal area for another four years and he expressed concern that they may not
be included in a later urban renewal area. He also expressed concern that nothing will be done
about the traffic in the area if further action isn't taken.
B. Bulk-plane, ordinance - Commissioner COOPER moved and Commissioner
COLLINS seconded that the City Attorney and the city staff, in their efforts to
rewrite the zoning ordinances, include bulk plane zoning criteria.
11. COMMISSION REPORTS
There were no Commission reports.
11 11 111 111"11 jj;!;Ijqr� jj r �
A. Economic Development Commission - Commissioner McNAMEE presented a report
on the last Economic Development Commission. She will make copies of the minutes
for Planning Commission members when they are available.
Planning Commission Page 5
September 7, 2000
It was moved by Commissioner GOKEY and seconded by Commissioner DOYLE that
the meeting be adjourned at 9:00 p.m. The motion passed 6-0 with Commissioners
MacDOUGALL and THOMPSON absent.
NANCY SNOW, VICE Chair
am
PRESENT ZONING:
R-2 (northern 1.10 acres) and R-C (southern .79 acres)
N: R-2, S: C-1, E: C-1, R-3, A-1, W: R-2
N: Pennington Elem., S: Commercial, residential; E:
Commercial, residential, W: Commercial, residential
COMPREHENSIVE PLAN FOR THE AREA: Village Center and Single Family not to exceed 6
dwelling units per acre
— ---- — ---- — — ----- — - — — ---------------------------
DATE PUBLISHED: Sept. 1, 2000
Sept. 7, 2000
DATED LEGAL NOTICES SENT: Sept. 7, 2000
— -- — ----- — ------------
ENTER INTO RECD.D:
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
1. REQUEST
The applicant requests approval of a zone change from Residential-Two and Restricted-Commercial to Planned
Commercial Development on property located at 9751 W, 44" Avenue and for approval of a combined outline
and final development plan.
11. CASE HISTORY
City Council reviewed the case at a public hearing held on March 27, 2000. The request was approved as
modified during the public hearing, however, the mayor did not sign the ordinance, therefore, the zone change
never took affect. See attached Exhibits 'C' and 'D' which are minutes from that meeting and a memo from the
Mayor dated April 1, 2000.
and final development plan. A subdivision plat separating this property from the land to the west was approved
pursuant to Case No. MS-99-06.
The proposed plan has the same basic physical layout as the plan presented in Case No. WZ-99-15, but with
modified permitted land uses. Staff, in consultation with the city attorney, has determined that this application
I • reguest for zowe-c+ran-zc7L-anTiot-b"ubmitte dunli"fler-a-n-ar-offinal
The proposed plan allows for uses not exceeding a total of 25% office space or retail/showroom and 75%
gfoly 'IA ro I d final development plan have been met.
sk' a c*,riloive outline an
M
A meeting for neighborhood input was held on August 16, 2000. There were no attendees from the surrounding
-up sheet.
neighborhood. See Exhibit 'F' which is a synopsis of the meeting including the sign
All responding agencies can provide service to the property.
wilding Department will require an additional handicapped parking space. Dernister enclosures must be
constructed of non-combustible materials.
Arvada Fire Protection District will require the building to be sprinklered. The installation of an additional
hydrant will be required.
Valley Water District will require the installation of water mains and service lines will be required.
VI. REZONING CRITERIA
Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning
conditions):
3. That the change of zone is in conformance, or will bring the property into conformance, with the
City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use
plan and other related policies or plans for the area.
4. That the proposed change of zone is compatible with the surrounding area and there will be
minimal adverse impacts considering the benefits to be derived.
Land uses around the property include motorcycle repair and sales, food sales, car sales, gas station, auto repair
and multi-family residential. The Pennington Elementary playing fields abut the property to the north. The land
uses listed as permitted by this PCD are similar and compatible with the surrounding commercial uses. Previous
concerns expressed regarding traffic generation have been mitigated by the elimination of high traffic generating
uses.
5. That there will be social, recreational, physical and/or economic benefits to the community derived
by the change of zone.
Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The City
would capture sales tax from any retail sales occurring on the property.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change
of zone, or that the applicant will upgrade and provide such where they do not exist or are under
capacity.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ-00-1 1, a request for a zone ebange from Residential-Two and Restricted-
outline and final development
plan on property located at 9751 W, 44 Avenue, be recommended for APPROVAL for the following reasons:
With the following conditions:
•
Commercial to Planned Commercial Development anu IOT •
plan on property located at 9751 W. 44 Avenue, be DENIED for the following reasons:
1.
2.
1 11
3
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IF A
Addy 7,
I - A 22-foot cross access easement will be provided between the northwest corner
of Lot I and the northeast corner of Lot 2 and will be shown on the plat with
standard cross access easement language approved by the city attorney.
2. A 5% park land dedication will be required unless the Parks Commission
proposes an alternative to the required park dedication.
3. The language regarding utility easements requested by Public Service be shown
on the plat.
4. The plat will show contours, as required by the subdivision regulations.
5. The drainage plan which has been submitted will be made a part of the
subdivision and recorded with it.
6. ' An easement, as defined by state statute and Wheat Ridge subdivision
regulations sufficient for drainage and to allow for maintenance of the ditch and
as approved by the Oulette Ditch Company, will be shown on the subdivision
plat.
(Chair MACDOUGALL declared a brief recess at 8:55 p.m. The meeting was reconvened at 9:10
P.M.) . I
Commissioner BRINIKNIAN expressed concern that, based upon the decision by the Parks
Commission, everything approved this evening could have to be redesigned. She also
expressed concern about reviewing such a large number of changes and conditions that
could leave room for error.
In response to a question from Commissioner COOPER, Mr. Omer stated that vacancy rates
for these types of developments are very low.
stagim 19RD".
Commissioner THOMPSON asked Mr. Ficco if he would be opposed to one-way-inand
one- way-out traffic circulation. Mr. Ficco replied that staff was of the opinion that two-way
traffic flow would work better and that the two-way traffic plan has worked very well in
other locations.
In reply to a question from Commissioner THOMPSON, Mr. Ficco stated that he would be
2-greeable to whatever the Planning Commission decided about lighting on the property. He
also stated that signage for the individual businesses would be uniform.
It was the consensus of the Commission to address each of the permitted principal uses as
outlined in the Ply. The following changes were made and agreed to by the applicant:
Planning Co fission Page 5
January 6, 2000
All uses permitted in the restricted commercial district as permitted principal uses"
Commissioner COLLINS noted that it was 11:00 p.m. and suggested continuing the hearil
due to the lateness
• the hour.
Commissioner THOMPSON moved and Commissioner BRINKMAN seconded that
the meeting be continued past 11:00 p.m. and the matter of continuation be reviewed at
11:30 p.m. The motion passed by a vote of 6 to 1 with Commissioner COLLINS voti I ng
no and commissioner GOKEY absent.
Review of the uses continued:
(12)
Eliminate "drive-in restaurants" and allow only one restaurant.
(1 4 -A)
"Ambulance Services'� shall be eliminated.
(14-B)
Commissioner SNOW expressed concern about paint associated with sign
making and silk screening which are more appropriate as an industrial use.
Alan White stated that his interpretation of this use would be similar to
Kinko's and not a sign fabrication shop.
(14-C)
Insert the words "with no outside storage" following the words "equipment
rental agencies."
(I 4-G)
"Laundries and dry-cleaning shops" shall remain with the condition they be
limited to the west side of the development.
(15-0)
"Delicatessens" shall be limited to no more than one in the development.
(15 -P)
"Department stores" shall be eliminated. "Variety stores" shall remain.
(I 5-R)
"Dry good stores" shall be eliminated.
(1 5 -:)
"Grocery Stores" shall be eliminated.
(I 5-Y)
"Hardware Stores" shall be changed to "Hardware Supplies."
(15-EE)
"Liquor stores (sale by package) shall be eliminated.
(I 5-GG)
"Locksmith Shops" shall be eliminated. ,
(15-HH)
"Meat, poultry or seafood stores" shall be eliminated
(154J)
"Newsstands for the sale of newspapers, magazines, etc." shall be eliminated.
(1 5 -KID)
"Notions Stores" shall be eliminated.
(15-00)
"Pet Stores" shall be changed to "Pet Supply Stores."
Planning Commission Page 6
January 6, 2000
Commissioner THOMPSON moved and Commissioner COOPER seconded that the
meeting continue past 11:30 p.m. in order to complete the list of uses and allow for
questions from the Commission before continuing the matter to another meeting. The
motion carried by a vote of 6-1 with Commissioner BRINKMAN voting no and
Commissioner GOKEY absent.
Chair MACDOUGALL asked if there were others present who wished to address this
matter. Carol Oman had signed the public hearing roster but indicated she did not want to
speak at this time.
In response to a question from Commissioner COLLINS, Mr. Ficco stated that he plans to
remove the 4-foot chain link fence and replace it with a 6-foot solid fence. If the school to
the north wishes to retain the 4-foot chain link fence, Mr. Ficco would build the 6-foot solid
fence anyway.
#
A. Group Homes for Sex Offenders - Commission-
•• d that the City Councilman from District I wants to review
group home matters and homes for sex offenders will be addressed at that time.
11. COMMISSION REPORTS
There were no commission reports.
12. COMMITTEE AND DEPARTMENT REPORTS
There were no reports.
mjlnla fl •
that the meeting be adjourned at 11:56 p.m. The motion passed unanimously.
Don MACDOUGALL, Cha�, Ann Lazzeri, Re'cording*Sicretary
7
Planning Conunission Page 8
January 6, 2000
T&EX'r i A, I I ' ; 0MINWIS11-37"14-
Minutes of Meeting
February 3, 2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
MACD• UGALL at 7:30 p.m. on February 3, 2000 in the Council Chambers • the Municip
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. I
2. ROLL CALL: Commission Members Present: Anne Brinkman
The following is the official set of Planning Commission minutes for the public hearing of February 3,
2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of
Planning and Development • the City • Wheat Ridge.
Mnnnuu�•W
There was no one signed up to speak before the Commission on unscheduled matterl
RM
A. Case No...WZ-99-15 (continued broomm Janu Application by Legend Properties,
LLC, for approval • a zone change from Residential-Two and Restricted-Commercial to
Planned Commercial District (PCD) for the purpose • developing a commercial building for
small businesses located at 9751 West 44th Avenue.
Mr—Wrner presented slides trom January at Ine request UY Commissiol
was unable to attend the hearing that evening.
5ignage: Mr. Ficco stated his desire to restrict signage to 25% of the glass area in the office
portion of the units. If a tenant chooses to have glass in place of the metal delivery door, no
signage would • allowed in that glass area. In addition, there would be allowance for signage
in the I 8-inch facade above the door.
Lighting: Mr. Ficco plans to have six outdoor lights. Those on the west side of the building
would
• mounted at the top to shine downward. 0 the lighting on the east (adjacent to the
residential properties), two would be installed on the ground to shine upward toward the
building and one • the south end would be building mounted. A ground mounted light would
shine on the monument sign.
Commissioner NOW stated that her previous comment about buffering for the residential area
to the east was more in reference to trucks driving through and the small amount of landscaping
Z�
in the buffer area. Mr, Ficco responded that in addition to a 6-foot solid fence, he has planned
for landscaping in excess of the requirements. The code requires 10% landscape while his plan
provides for 16.44%.
Mr. Omer suggested that a few trees planted in the 6-foot landscape area could serve to further
buffer the residential area. Mr. Ficco stated that he could transfer a 1-112" caliper tree from
another part of the property to the buffering area.
MY110 , 1, 1 6 . 6 A
Commissioner COLLINS noted that the drawing shows cedar fences on both sides of the trash
enclosures; however, the Arvada Fire Department had requested noncombustible material for
the enclosures and doors. Martin Omer stated that the plan would be corrected to require the
noncombustible materials,
Commissioner COOPER expressed concern regarding trucks parking in the drive aisle parallel
to the building and, while traffic could still circulate past the parked truck, cars could be
prevented from exiting their parking spaces. It was the consensus of the Commission that this
would be a self managed situation. For instance, if customers complain to the owner of the
business, the owner could request the truck to move.
1 41 Veil.L a5=TTfTMr7 werefrTly MUM mZ57 present who wished to
CJ 0
address this matter. There was
• response.
It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that
Case No. WZ-99-15, a request for approval to rezone 1.10 acres from R-2 Residential and
1 acres zoned R-C, Restricted Commercial to PCD, Planned Commercial Development,
be recommended to the City Council for approval for the following reasons:
1. The rezoning to Planned Commercial Development is generally consistent with t
City's Comprehensive Plan.
2. The proposed land uses and the development criteria of the Planned Commercial
Development meet the standards of other commercial zone designations in the
city. I
Planning Commission Minutes Page 3
February 3, 2000
3. Approval of this application will eliminate a pre-existing split zoning situation on
this property.
91
MMUMEMMM
Chair MACDOUGALL declared a brief recess at 8:40 p.m. The meeting was reconvened at
8:47 p , m.)
B. Case No. IVZ-22-16; Application by Ted Prythero for approval of a final development plan
for Lot I of the Onyx Park Development for the purpose of building an 18,000 square foot,
two-story professional office building located at 10055 West 43rd Avenue.
This case was presented • Mary Austin. She reviewed the staff report and presented slides
and overheads of the property. All pertinent documents were entered into the record and
accepted • Chair MACDOUGALL. Ms. Austin advised the Commission that there was
jurisdiction to hear the case. Staff recommended approval with a condition that the mechanical
unit on top of the building be screened.
Commissioner BRINKMAN asked if it was necessary to call in the ditch company with this lot.
Ms. Austin replied that a referral was not necessary.
Commissioner THOMPSON inquired about the requirement for semi-flat roof Mr. White
_'kelv-gt avvew.nt to 7,stak
Commissioner SNOW asked for an explanation about a discrepancy in the amount of requirl
landscaping. Ms. Austin believed that 25,828 square feet was the correct figure, however, t
applicant would verify the correct figure.
Planning Commission Minutes Page 4
February 3, 2000
so
CITY COUNCIL MINUTES: March 27, 2000 Page
Bob Olson, Wheat Ridge Historian, was sworn in ♦ the Mayor; he referred to his memo
written in 1998, which is part of the attached staff report, He distributed his memo from March
23, 2000, which refers to additional information concerning the early history of this property.
Mr. Olson could not say if the Jaidinger house was • was not the old Cort house.
Motion by Mrs. Worth to postpone this until Meryl Wilson comes out and conducts a more
thorough investigation of this house to find out if it was built in 1860 or not; seconded by Mrs.
Shaver.
14AT-.1
Item 2. Council Bill 08-2000 - An Ordinance providing for the approval of a rezoning from
Applicant Tony Ficco, asked for approval of his application for rezoning. He would like to see
a variety of small shops in the development.
Motion by Mrs. Worth to approve Council Bill 08-2000, Case No. WZ-99-15, an application to
re-zN ne 1. 10 acres from R-2, Residential and .79 acres zoned R-C, Restricted Commercial, to
PCD, Planned Commercial Development, and for outline, preliminary and final development
plan approval, be approved for the following reasons:
CITY COUNCIL MINUTES: March 27, 2000 Page - 4 -
MM
Motion by Mrs. Shaver for an amendment to the Motion that perimeter landscaping strips be
living plant material Motion died for lack of second.
Council Bill 09-2000 was introduced on second reading by Mr. DiTullio, who also read the title
and summary; Clerk assigned Ordinance No. 1189.
Motion • Mr. DiTullio for approval • Council Bill 09-2000, an ordinance concerning the filling
• vacancies • board and commissions, on second reading and this ordinance take effect 15
days after final publication; seconded by Mr. Edwards.
171 0, q
between Councilmembers.
Amendment • Mr. Siler to add • Section 2.(e) at the end of the paragraph, "no appointee
serving in another district's position can be replaced during mid-term, unless one of the
conditions sited above applies."; seconded by Mr. Mancinelli; carried 5-3 with Councilmembe
Shaver, Worth and Figlus voting no. I
Mancinelli voting no.
Item
• A. Council Bill 10-2000 - An Ordinance repealing Section • the Wheat
Ridge Code of Laws concerning the Economic Development and Revitalization
Commission.
Council Bill 10-2000 was introduced • first reading by Mr. Edwards; title and summary read
by the Clerk.
Motion • Mr. Edwards to approve Council Bill 10-2000, order it published in full and set for
public hearing • April 10, 111. 7:00 p.m. in the City Council Chambers; seconded by Mr.
Siler; carried 8-0.
TO: Wheat Ridge City Council
This is your official notification that I am vetoing Council Bill • 08-2000 (Case No. WZ-99-15)
which Council passed on Monday March 27, 2000.
I was troubled by Council's actions Monday night. When I received the amended bill, I found
that in good conscience I could not sign it. I feel that, as amended, it is not in the best interests
• the citizens • Wheat Ridge.
It creates a hardship for the man or woman who would like to create a small startup
business
It sends the message that Council does not want the business to locate in Wheat Ridge.
C'
Council Bill #08-2000 requires the business owner to appear before Planning Commission as
well as City Council for any business not • the list approved by Council. Experts say that 30%
to 40% of the jobs or businesses of the year 2005 don't even exist now. In my experience, no
small business man or woman has either the time nor the money to spend three months doing
this.
When business wants to come into Wheat Ridge we should be asking "How can we help you
succeed? " not give them more government hoops to jump through.
Council Bill#08-2000, as amended, takes away many of the uses allowed in the current RC
zoning.
I will hand deliver this notice to your home as well as fax it to you. I plan to call each of you to
alert you to look for my notice.
cc: Valerie Adams, City Manager
Wanda Sang, City Clerk
Jerry Dahl, City Attorney
Anthony Ficco, landowner
Alan White, Director of Planning
Laptop; C GC-City-VETO ' April 1. 2 000 Page 1 of 1
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 20
Ordinance No. 1200
Series of 2000
TITLE: AN ORDINANCE AMENDING SECTION 26-25 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING
SIMILAR USES IN PLANNED DEVELOPMENT
DISTRICTS.
#
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO,THAT:
Section 1. Section 26-25 (IV) of the Code of Laws is hereby amended with the addition
*f the following new Section 26-25
(C) Similar Uses:
M!11111111p� 11�� J "=—
and hours of operation and which would:
the planned development,
(c) not be objectionable to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vibration, traffic
generation, parking needs, outdoor storage or Use, and
k�l not be hazardous to the health and safet-g of surroundin areas
9
through danger of fire or explosion.
ML
2�, Similar
ky.
listed as a permitted use in a planned development district is allowed only
under the following procedure:
by letter notice and posting of the site for ten (10) days that a
similar use is requested for the property. The notice and posting
shall contain a description of the proposed similar use and a copy
of this ordinance.
(b) If no written objection to the proposed similar use is receiv
and the zoning administrator finds that the proposed similar us
meets the definition of similar use contained in Section (C)(1)
above, the zoning administrator is authorized to approve the
similar use. I
(c) If a written protest objection is received or if the zoning
administrator finds that the definition of similar use does not apply,
the Board of Adjustment at a public hearing. Notice of said
hearing shall be as provided in Section 26-6 (17)(1).
(3) Recordation. If approved, the similar use shall be recorded on the
final development plan in the same manner as the original final
development plan was recorded.
Sectiop 3. Severability. If any clause, sentence, paragraph, • part • this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
-# or circumstances.
Section 4. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws • the City ♦ Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote o f 8 to 0
on this 26th day of — June , 2000, 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 J u ly 10 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote o f 8 to 0 this 1 0thdayof July
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IstPublication: June 30,'2000
2ndPublication: July 14, 2000
Wheat Ridge Transcript
Effective Date: July 29, 2000
7500 West 29th Avenue
Wheat Ridge. Colorado
U331m
DATE:, — A41 —00 R.
CITY STAFF PRESENT: A1114-C— LOCATION OF MEETING:
PROPERTY ADDRESS: 1 40- f+rz 4
—0 /L
PROPERTY OWNER(s). I - PROPERTY OWN ER(s) PRESENT? YeS_A_No
Applicant(s): C_
Existing zoning: A- Z, X e C - Comp Plan Designation:
Existing use/site conditions:_ V4- 7'
- 7) AJ 577 C_e�
Applicants proposal:
6,
: C5 711 A--�V6 CA <5 m
Attending parties of interest: (See attached sign list)
Issues discussed. NO 9,e=—,(,0eyJ77 4-i-7-eAJ DA
E 'Reckervneighmecting mcap wpd
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AUGUST 16, 111
�3.
- ----- - LAND
uSE CASE PROCESSING APPI-t�-ATION
Nanning and Deveiopment Department
7500 West 29th Avenue, Wheat Ridae, CO 80i�,)33
Phone 303 235-2
Plea e prim oi Tvpe all 1S11ovni2t9on
Applicant /V rw Address 3 o
Phone 3
Cit) t s gz� State co e- 7>
4.4
Owner P1 5 Address
Zip �- elrP3 3 Fax je 3— ' — /
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Phone 3, 9
Citv State ra 4 o
Zip 3 Fax - 3e,3
Contact - te"'v Y f- / C . C 0 Address ?6 s c - toe Phone
Detailed description of the request:
Ea
/3 -e Z e��
'4 19
Required information: 19,v ti / e -.�' 5� P/Y/9/ X 3 > T
Assessors Parcel Number: 4, r 1 '4 V r,*-,+ v Z Size of Lot (acres or square footagek, 5 c Se, j '77 i
Current Zoning: 6 -2 4f A C Proposed Zoning. P
Current use: b C -L(/ Proposed use: f IL
Signature of �
Subscribed a or to me d ay of 2000
Notary Public
• My commission expires
Date received ZA Fee $- Receipt No (-'001 Case No,
Cofnp Plan Desig, Zoning Quarter Section Map
Related Case No, Pre-App Mtg Date Case Manager
Original zsiqned & notarized Application Form
ry Site plan: (If page size is 24"x36". must proiIde 11 "x I 7"reduction) s
Type I Site Plan (Conditional Use, Special Use. Rezoning in Overlay Zone, Cosohdation Plat. Variance)
F
Type II Site Plan (Planned Building Group, Planned Unit Development)
71'1� List of adjacent property owners 7- ;'
Neighborhood meeting (aycept forSubdivisions, Flood Plain exception, TU'Ps and Variances)
E—] Names and address of attendees
C-1 L Date, time, location of meeting
--j
' r7
Legal description (e.vcept TtPs and variances)
Building Elevations (optional)
M
Note: Incomplete application submittals will not be accepted.
There may be other items required that are not listed depending on type and complexity of application,
�
For r No 1402 92
eS7
ALTA OwFlel S Cy
$\ $ � .$ \ , :� � � IMII
a I - . rA
1 , Title to the estate or interest described in Schedule being vested other than as stated therein:
2, Any defect in or lien or encumbrance on the title;
3, Unmarketability of theme
4. Lack of a right of access to and from the land.
MU wilydily m Fir
only to the extent provided in the Conditions an,»+ %,.
order No. KC48267B98 Policy No. J917336
6, All taxes and assessments for the year 2000 and subsequent years, a lien, but
not yet due or payable.
7. An easement for utility and incidental purposes granted to the Public Service
Company of Colorado by the instrument recorded July 6, 1984 at Reception No.
84063186.
8. An easement for utility and incidental purposes granted to the Public Service
Company of Colorado by the instrument recorded July 27, 1984 at Reception No.
84071041.
9. Terms, conditions, provisions, agreements and obligations specified under the
Agreement by and between Barbara Joan Kibbey and J. Robert Chado, et al
recorded November 19, 1987 at Reception No. 87140793,
10. Any existing leases or tenancies.
11. Easements, notes, covenants, conditions and restrictions as contained on the
Plat of the Avenue Business Park Minor Subdivision as recorded March 30, 2000
in Plat Book 100 at Page 163.
d : " - K"'4;... 'I, "
FIRST AMERICAN TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
1. Name of Insured:
Legend Properties, LLC
mmam
First American Heritage Tit.1, -o
950 South Cherry Street 41200
Denver, CO 80246
(303) 691-3333
D E L I V E R Y T R A N S M I T T A L.
DATE: AUGUST 14, 2000
';'RDER NO� KC
PROP, ADDR.: Vacant Land 44th Ave., Wheatridge, Colorado
OWNER/BUYER: Legend Properties, LLC
PLEASE DELIVER TO THE CUSTOMERS LISTED BELOW:
------------------------------------------------------------------------------------------
TO: Legend Properties
TO:
11250 West 38th Avenue #28
Wheatridge, CO 80033
ATTN:
ATTN:
NO. OF COPIES:
NO. OF
COPIES:
------------------------------------------------------------------------------------------
TO:
TO:
ATTN:
ATTN:
NO. OF COPIES:
NO. OF
COPIES:
------------------------------------------------------------------------------------------
TO:
TO:
ATTN:
ATTN:
NO, OF COPIES:
NO. OF
COPIES:
------------------------------------------------------------------------------------------
TO:
TO:
ATTN:
ATTN:
NO. OF COPIES:
NO. OF
COPIES:
------------------------------------------------------------------------------------------
TO-
TO:
ATTN:
ATTN:
NO. OF COPIES:
------------------------------------------------------------------------------------------
NO. OF
COPIES:
THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD
YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE
TITLE CO AT THE ABOVE PHONE NUMBER.
PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS
CONTAINED THEREIN:
fK:LE,VT'KN Ffle# K(1'48267B9'i
44 - FH AVENUE BUSINESS PARK
PLANNED COMMERCIAL DEVELOPMENT
A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN IN THE CITY OF
A PARCEL OF LAD IN THE NW 1/4 OF SECTION
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
JEFFERSON COUNTY, COLORADO
SHEET 1 OF 2
DESCRIPTION OF PRQJECZ:
44TH AVENUE BUSINESS PARK PLANNED COMMERCIAL DEVELOPMENT
STATEMENT OF PERMITTED USES
(A) PERMITTED — PRINCIPAL USES: NO BUILDING OR LAND SHALL BE
USED AND NO BUILDING SHALL BE HEREAFTER ERECTED, CONVERTED
OR STRUCTURALLY ALTERED UNLESS OTHERWISE PROVIDED HEREIN
EXCEPT FOR ON (1) OR MORE OF THE FOLLOWING USES:
WHEAT
22
P.M.
RIDGE, COLORADO
STATEMENT OF UNIFIED DEVELOPMENT CONTROL
OWNER CERTIFICATION
(1) SOUND SYSTEM SHOPS.
(2) RESEARCH CLINIC AND LABORATORIES.
(3) OFFICES AUXILIARY TO A SERVICE PROVIDED NO MORE THAN 25%
OF THE INDIVIDUAL SPACE IS DEVOTED TO THE OFFICE USE.
(4) ONE DELICATESSEN OR ICE CREAM SHOP LIMITED TO SEATING FOR
NO MORE THAN 10.
(5) PRIVATE VOCATIONAL TRAINING FACILITY.
(6) BLUEPRINTING, PHOTOSTATIC COPYING, AND OTHER SIMILAR
REPRODUCTION SERVICES; HOWEVER, NOT INCLUDING LARGE
PRINTING, PUBLISHING AND /OR BOOK BINDING ESTABLISHMENTS.
NO TOXIC PAINTS.
(7) EXTERMINATORS
(8) INTERIOR DECORATING SHOPS INCLUDING PAINT AND WALLPAPER
SALES.
(9) LAUNDRIES AND DRY -- CLEANING SHOPS ON THE WEST SIDE ONLY.
(10) LOCK SMITH SHOPS.
(11) SHOE REPAIR SHOPS.
(12) STUDIO FOR PROFESSIONAL WORK OR TEACHING OF FINE ARTS,
PHOTOGRAPHY, MUSIC, DRAMA OR DANCE.
(13) TAILORING, DRESSMAKING AND CLOTHING ALTERATION SHOPS.
(14) UPHOLSTERY AND FURNITURE REPAIR SHOPS.
(15) WATCH, CLOCK AND CAMERA SALES AND REPAIR SHOPS.
(16) UNIFORMS AND SPECIALTY CLOTHING SALES.
(17) APPLIANCE SERVICE AND REPAIR.
(15) ART STUDIOS.
(19) SPECIALTY AUTOMOTIVE PARTS SALES.
(20) BAKERIES, RETAIL.
(21) BICYCLE ICE } AND ACCESSORY STORES (INCLUDING REPAIR AND
(22) BOOK STORES AND BINDING REPAIR SERVICES.
(23) BUTCHER SHOPS AND FOOD LOCKERS.
(24) BUSINESS MACHINE OR COMPUTER SERVICE AND REPAIR.
(25) CAMERA AND PHOTOGRAPHIC SUPPLY, SERVICE AND
PROCESSING.
(26) CANDY, NUT AND CONFECTIONERY STORES.
(27) CATERER.
(28) DAIRY PRODUCTS STORES.
(29) HEALTH AND HANDICAPPED EQUIPMENT SALES, RENTAL AND
SERVICING.
(30) ELECTRICAL AND SUPPLIES AND SERVICE, BUT NOT
INCLUDING CONTRACTOR'S STORAGE YARDS.
(31) FLORAL SHOPS.
(32) SPECIALTY FURNITURE STORES.
(33) TROPHY AND NOVELTY STORES.
(34) SPECIALTY HOME FURNISHING AND IMPROVEMENT SALES
AND SERVICE.
(35) MUSICAL INSTRUMENT REPAIR.
(36) PET SUPPLY STORE.
(37) PICTURE FRAME SHOP.
(38) PLUMBING AND HEATING SUPPLY STORES AND SHOPS,
BUT NOT INCLUDING CONTRACTOR'S STORAGE YARDS.
(39) SPECIALTY SPORTING GOODS STORES.
(40) MOBILE PHONE AND TWO WAY RADIO STORES.
(41) PACKAGING AND MAILING STORES.
(42) SIMILAR PROVVISIO S OF 26 H I N C
25 (IV)AND26- 25 I T
(IV) (C) OF THE
WHEAT RIDGE CODE OF LAWS.
(43) SPECIAL USES: THE FOLLOWING USES SHALL BE PERMITTED
ONLY UPON APPROVAL OF THE WHEAT RIDGE PLANNING
COMMISSION AND CITY COUNCIL, FOLLOWING PROCEDURES AS
SET FORTH IN SECTION 26 -6(8):
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES
NOTARY SEAL
(1) AUCTION HOUSES.
(2) A BUILDING CONTRACTOR'S SERVICE SHOP INCIDENTAL TO
OFFICE OR SHOWROOM PRINCIPAL USES. THIS WOULD
INCLUDE CARPENTERS, PAINTERS, ROOFERS, ELECTRICIANS,
PLUMBERS, HEATING AND AIR CONDITIONING CONTRACTORS,
AND SIMILAR USES WHICH DO NOT USE HEAVY EQUIPMENT IN
THE BUSINESS, .BUT, HOWEVER, DO HAVE VEHICLES, TOOLS,
MACHINERY AND SUPPLIES USED IN THE BUSINESS STORED
UPON THE PREMISES INSIDE AND WHERE SOME CUSTOMER WORK
MAY OCCUR UPON THE PREMISES. ADDITIONALLY, FOR USES
WHICH INVOLVE CUSTOMER WORK, AND /OR FABRICATION UPON
THE PREMISES.
(3) COMMERCIAL MACHINE SHOPS.
CONDITIONS:
CONDITION No. 1 NO EXCESSIVE NOISE, VIBRATION, DUST, EMISSION
OF HEAT, GLARE, RADIATION, SMOKE OR FUMES ARE PRODUCED 1 "0
THE EXTENT THAT IT IS DANGEROUS, HAZARDOUS OR A NUISANCE TO
THE REASONABLE ENJOYMENT OR USE OF ADJACENT PROPERTIES.
CONDITION No. 2 NO OUTSIDE STORAGE.
CONDITION No. 3 STOCKING OF ITEMS INTENDED FOR USE OR SALE
UPON THE PREMISES IS PERMITTED; HOWEVER, WAREHOUSING IS
PROHIBITED.
CONDITION No. 4 WHOLESALE SALES OF ANY ITEM OFFERED AT
RETAIL ON THE PREMISES, WHERE WHOLESALE IS ANCILLARY TO
THE PRIMARY RETAIL USE IS PERMITTED.
NOTES:
1. MAXIMUM FLOOR AREA RATIO- 2.70:1 (37%)
2. MAXIMUM BUILDING HEIGHT 22 FEET
3. MINIMUM LANDSCAPE COVERAGE NOT LESS THAN 16.44%
4. MINIMUM PERIMETER SETBACKS
FROM RIGHT —OF —WAY: 30 FEET, COMPLETELY
LANDSCAPED EXCEPT FOR DRIVES.
5. NO PART OF THIS PROPERTY LIES WITHIN THE
100 YEAR FLOOD PLAIN.
6. PRESENT ZONING: R -2 & RC
PROPOSED ZONING: PCD
7. EACH LEASABLE SPACE SHALL HAVE A MINIMUM OF 75%
OF SPACE AS WORK SHOP /WORK AREA. IN NO CASE
SHALL ANY INDIVIDUAL LEASABLE SPACE EXCEED 25%
OF AREA AS 'RETAIL, OFFICE OR ANY COMBINATION OF SAME.
8. NO MORE THAN 25% OF THE GLASS FRONTAGE MAY BE
COVERED BY ADDITIONAL SIGNAGE. IF THE OVERHEAD
DOORS ARE REPLACED WITH GLASS, NO SIGNAGE WILL
ALLOWED ON THESE GLASS AREAS.
GUARANTEES FOR UNIFIED CONTROLS THAT GOVERN THE USE,
MAINTENANCE AND CONTINUED PROTECTION OF THIS PLANNED
DEVELOPMENT AND ITS COMMON FACILITIES ARE THE W'?ITTEN
DEVELOPMENT REGULATIONS ON SHEET 1 & 2 OF THE OUTLINE
AND FINAL DEVELOPMENT PLAN ATTACHED TO THIS PLANNED
COMMERCIAL DEVELOPMENT IN THE CITY OF WHEAT RIDGE,
COLORADO.
PLANNING COMMISSION CERTIFICATION
APPROVED THIS DAY OF 2000 BY THE
PLANNI,�4G COMMISSION,
CHAIRMAN
PLANNING AND DEVELOPMENT DIRECTOR
LEGAL DESCRIPTION:
r
THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
LOT 1, 44TH AVENUE BUSINESS PARK MINOR SUBDIVISION. CITY OF WHEAT RIDGE, JEFFERSON
COUNTY, COLORADO,
THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S)
THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY
DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT
IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS
CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY
1 ° ' — 1000' LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF
REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS FIRST
AMENDED FINAL DEVELOPMENT PLAN, DOES NOT CREATE A VESTED
PROPERTY RIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND
ACCRUE PURSUANT TO THE PROVISIONS OF SECTION- 26 -6(G) OF THE
CODE OF LAWS.
SIGNATURE OF OWNER(S) OR AGENT(S):
NOTARY PUBLIC
SUBSCRIBED AND SWORN TO BEFORE ME THIS m DAY OF
2000.
CITY COUNCIL CERTIFICATION
APPROVED THIS DAY OF 2000 BY THE
WHEAT RIDGE CITY COUNCIL.
t me
CITY CLERK
COUNTY CLERK AND RECORDERS CERTIFICATE
THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE
COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN,
COLORADO, ON THE DAY OF A.D. 2000,
IN THE BOOK RECEPTION .
JEFFERSON COUNTY CLERK AND RECORDER
BY: DEPUTY CLERK
PREPARED BY: LANE ENGINEERING SERVICE, INC.
9500 WEST 14TH AVENUE, LAKEWOOD, CO 80215
TEL: (303) 233 --4042 FAX: (303) 233 -0796
REVISED: AUGUST 17, 2000
REVISED: MARCH 7, 2000
REVISED: DECEMBER 13, 1999
PREPARED: OCTOBER, 1999
PROJECT: F48 -30
(SEAL)
. Fl""
PLANNED COMMERCIAL DEVELOPMENT
A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO
A PARCEL OF LAND IN THE NW 1/4 OF SECTION 22
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
JEFFERSON COUNTY, COLORADO
SHEET 2 OF 2
/ - E XISTING 6' CHAIN LINK FENCE TO REMAIN
10 UTILITY EASEMENT
S $9'51'01 "W 220.00'
ti -- N Q -6 LANDSCAPE�CftUSHED GRANITE - -- —
cv 30° _. I 30 N N ASPHALT DRIVE O
a
r ( �•.;.;.� RC}CYPTD7�Uh�4�S(iYP)
z .. .. ........
Ld
CMU
s
v 4
a I CEDAR E CE 1620 SQ. FT. 1620 SQ. FT, v . _ _ S
_.
crr I C I� N' ✓ To iG COL
I II I "CLUCK
GLASS
6' CEDAR FEN
C. • 2160 SQ. FT. 2160 SQ. FT. STUCC
Pd CF MON MONUMENT
FRONT ELEVATION
17
TT I, � 7 T 0°
MBUSTIB�
FENCE 1620 SQ. FT, 1620 SQ. FT.
g I , r, -q - 'DOG•EAARED• CEDAR SLATS L � �� l3UYLdNf�a �f�t7��S� v E B U 5 1 N E
NCLOSU N 5 ; _
r.v ����� n *�" A s � " ^
TWO
Rx
SIDES L
JERRY'$ FAT 9N�
i ! 1 t p y
X -TR IBLE
TRAS iR9
4YY lW 110 ASH D3 104 106 ' t) ms
2160 SO. FT. 2160 SO. FT. I C 0 COMMBUST 1 i R '.`` I 107 5
i • 4 4 > �a i.� A, a 'A_` ; I 108 � ti6
o TRASH ENCLOSURE I i 66" CE
° ONE STOR tJILDING Two SIDES SCALE 118 1 -0*
LANDSCAPE 10 x _ 7
HED GRANiT ui
6 LANDSCAPE r CEDAR FENCE
1620 SQ. FT. 1620 SQ. FT. CGRA I
I - w
LETTERING TO BE LEXAN PLASTIC;
1 5' LANDSCAPE ° SIGN CONSTRUCTION TO BE
I�
CRUSHED--\ FCR SHE Ei . a
MASONRY AND STUCCO
PARTIAL ELEVATION
SITE PL AN
SCALE 1`30'
LAND USE
TOTAL LOT AREA
82,562
SF
100.00 0
BUILDING
30,312
SF
36.71 0
PARKING & DRIVES
38,685
SF
46.85 %
LANDSCAPE
13,565
SF
16.44 %
NOTE: ALL GRASS AREAS
TO
BE SERVICED BY
A FULLY AUTOMATIC
IRRIGATION
SYSTEM.
1,3 & 6 WILL BE MERCURY
REVISED: AUGUST 17, 2000
REVISED: MARCH 7, 2000
PREPARED: JANUARY, 2000
PROJEC F45 - 30
:12" FIXTURE
)IAMETER PIPE
GROUND MOUNTED
LIGHT DETAIL
40
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LIGHT
P
1. LIGHTS
2,4 & 5 WILL BE MERCURY
VAPOR
PARKING
MOUNTED
ON BUILDING AT TOP.
69
STANDARD SPACES
2. LIGHTS
1,3 & 6 WILL BE MERCURY
3
HANDICAP
VAPOR
72
TOTAL
MOUNTED
AT GROUND LEVEL.
LANDSCAPE
3. LIGHTING
WILL BE MOUNTED
AT ALL
4
ORNAMENTAL — 1" CALIPER
LOCATIONS
SO THAT LIGHT WILL
NOT
8
DECIDUOUS — 2" CALIPER
ESCAPE PROPERTY
LINES.
92
SHRUBS — 5 GALLON
PREPARED BY: LANE ENGINEERING SERVICE, INC.
9500 WEST 14TH AVENUE, LAKEWOOD, CO 50215
TEL: (303) 233 -4042 FAX: (303) 233 -0796
REVISED: AUGUST 17, 2000
REVISED: MARCH 7, 2000
PREPARED: JANUARY, 2000
PROJEC F45 - 30
:12" FIXTURE
)IAMETER PIPE
GROUND MOUNTED
LIGHT DETAIL
40
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