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HomeMy WebLinkAbout04/03/1997AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION April 3,19 97 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on April 3, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business mAl be recommended for placement on the agenda.) I r j 11110 Y M M Wt aq 1. 1 IM 7#3 I'm B. CaNg NQ MS-27:1: An application by Edmond Schaeffer for approval of a three (3) lot resubdivision on property zoned Planned Residential wjd Development located at 3500 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado. C. Caag N% An application by the Queen of Vietnamese Martyrs P�pp P_ - 9-0 Parish for the Archdiocese of Denver for approval of a Conditional Use W/d o r4 (3. Permit t 6 allow a church and ancillary uses in a Residential-Two zone district for properties located at 4615 and 4685 Harlan Street, 4660 and 4690 Ingalls Street, City of Wheat Ridge, County of Jefferson, State of Colorado. Agenda - Planning Commission Meeting April 3,1997 Page 2 j 10. NEW BUSINESS 131 I jullmm�� M . I . 0• o o TO: lanning Cmmissin FROM: O x Mveredith Reckert RE: Case No. WZ-97-6/Good Times Please be advised by this memorandum that Staff is recommending a continuance of Case No, WZ-97-6, a request for amendment to a Planned Commercial Development final development plan for property located at 4020 Wadsworth Blvd, The applicant failed to provide completed drawings in enough time for packet distribution. MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION March 20, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on March 20, 1997, in the Council Chambers of the Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt - Absent Harry Williams Carolyn Griffith Jay Rasplicka Carl A. Cerveny - Excused to arrive late. George Langdon Janice Thompson Warren Johnson - Absent STAFF PRESENT: Glen Gidley, Director Planning & Development Marilyn Gunn, Recording Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of March 20, 1997. A copy 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. 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.) Commissioner THOMPSON motioned, Commissioner GRIFFITH seconded to accept the agenda as written. Motion carried 5-0. Commissioner RASPLICKA motioned, Commissioner LANGDON seconded to accept the Minutes of March 6, 1997, as written. Motion carried 5-0 Planning Commission Minutes Page 2 March 20, 1997 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) 1. Case No ZOA-97-01 An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado, (Continued from March 6, 1997). A letter from the pet cremation services business located in Wheat Ridge was distributed to the Commission which expressed their concern over the proposal and stated their objections should they be down zoned. Director GIDLELY stated that he had conversation • today's date with Mr. Bob Harmson who is the Planning Commission Minutes March 20, 1997 EM controller for his family • a substantial amount • industrial zoned land. Mr. Harmson indicated signific concern regarding any change that would place their property I into a special use permit category that would subject him to any type of amortization schedule. 1 • Sherri Jerrod, 10852 W. 44th Avenue, Wheat Ridge. Ms. Jerrod is representative of her family who has owned their property for 47 years and is currently the Truck Driving School. She stated their objection to the proposal and commented that their attorney referred to the action as "uncompensated taking". Jim Oglesby, 5040 Ward Road, Wheat Ridge. Mr. Oglesby stated lie has owned his property since 1954 and that a change in zoning would cause significant undue hardship on his family. He stated that he has had various uses within his buildings and asked how it would affect him. Director GIDLEY clarified his concerns at which point Mr. Oglesby stated his objection. Burton Levy, 8933 E. Union Avenue, Suite 216, Englewood. He stated he represented the ownership group and is one of the owners of the Wheat Ridge Industrial Park at 7993 to 65 West 48th Avenue and is located across from the Truck Driving School. He voiced his objection for the group. Joe DaVilla, 5055 Tabor, Wheat Ridge. Mr. DaVilla owns DaVilla Truck Lines and is totally opposed to the proposal. He was concerned how this would affect his business. He opposes the proposal, Jackie Oglesby, wife of Jim Oglesby, 5040 Ward Road. She stated her biggest concern was for her husband who in 1954 built his building and plans on this investment for his retirement income. He relied on the zoning to remain the same. She stated that 40 years later, her husband is in his 70's and preparing to retire and manage his property until he can't. At that time be will need to sell the property. If this proposal is Planning Commission Minutes Page 4 March 20, 1997 passed, he will not be able to sell and get the money out of it he is due. She thinks it is totally wrong and is concerned about all of the small business owners. Mr. Sanders asked for information regarding a legal protest. Director GIDLEY stated that a legal protest is made by the owners of the property within the proposed rezoning area or within 200 feet of the rezoning area. He said that a protest would encompass a percentage of all properties within the, rezone area. Director GIDLEY stated that at least 20% of all the ownerships of "I" zoned property in the City would have to file a protest to force a super majority vote of City Council. The Commissioners held discussion regarding parking and landscaping requirements, grandfathering, whether or not current uses would be unacceptable if the area is rezoned, affects of the five-year requirement, and time tables in securing a use permit. Director GIDDY advised the Commission on all issues questioned. Commissioner THOMPSON requested the audience to notify their neighbors to ensure that all affected persons are notified of the proposal. She stated she would rather see the Director spending the time trying to come up with a proposal that will protect them. She asked that anyone who may not be on the mailing list call the Planning Department and provide needed information. Chairperson WILLIAMS assured the audience that time would be taken to consider all of the evidence presenteM and if changes are made to the zoning, that they are made correctly. March 20, 1997 0M Director GIDLEY advised the Commission that the Recreation Center Site Meeting went well and was very well attended. City Council directed City Administrative Staff to move forward on the acquisition of the Weller Property for the new center. General discussion took place as to the development and promotion of surrounding areas of the recreation center site, construction of a bridge over Lena Gulch, etc.. 10. NEW BUSINESS 11. DISCUSSION AND DECISION ITEMS i ri ll qj r�� ] [ . • . ;JL��� NAME & ADDRESS OF APPLICANT(S): Edmund Schaeffer 11493 W. Briarw•od Lakewood, CO 80226 APPROXIMATE AREA: 1.18 Acres PRESENT ZONING: Planned Residential Development PRESENT LAND USE: Single Family, Vacant SURROUNDING SURROUNDING LAND USE: N, S: single family; E: vacant, single family; W: vacant, schooL' COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential (X) CASE FILE & PACKET MATERIALS NOUNIM Ifluoz= OTHER JURISDIC-110; 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. mnnn��� Em cast C*Mer 01 '17 Avenue and Parfet Street. 11. CASE HISTORY The applicant is requesting resubdivision to increase Lots *2 and 3 to R- I standards (13,900 square fee with 100 feet of lot width) and reduce the amount of detention area by filling. The detention area becomes a separate tract and will be dedicated to the City of Wheat Ridge for open space and drainag Maintenance will be the responsty of the City. Although the majority of the drainage easement w have been subdivided off, a portion will still remain on lot I and 2 as drainage easement. ere is an existing ffo on Lot 3 — W'fflcft w rem n. Parfet or West 35th Avenue. There is curb, gutter, and sidewalk in front of the existing house which new improvements must be tied into. The applicant has submitted documentation from the Army Corps of Engineers approving placement of fill within the drainage area. The Corps has no objections to placement of the fill, however, the 404 permit expired • January 27, 1997, and will need to be renewed prior to issuance of a fill permit from the City of Wheat Ridge. The Corps has requested that with the placement of the fill, the following measures be taken: I . Any fill placed be properly maintained; 2. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabzed at the earliest possible date; and, 3. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance, All requirements of the Subdivision Regulations have been met. Planning Division Staff Report Page 3 Case No. MS -97 -1 /Schaeffer �� Public Works is reviewing a drainage report and street construction plans. A dumping permit will be required for placement of the fill. 1 M4 III Staff concludes that all requirements of the Subdivision Regulations have been met. Staff further concludes the proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-13. Since the Army Corps of Engineers has no objection to a portion of the swamp area being filled, a recommendation of APPROVAL is given for the following reasons: I . All requirements of the Subdivision Regulations have been met, and, 2. The proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-13. • M I FAMMSIUM i M-QM=IxI llaR#tl�wt$ulLt Ali FUTIVIII @Not 1. All requirements of the Subdivision Regulations have been met, and, 2. The proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-13. s L� I • 0 ffl lllllp�jlll i lill "llm KA111618fI fultilalliff i �1111 1. IWAX892 MAP ADOPTECt Jur* 15, 1994 Lo&t Ro%4on: Soptomiw la, 1996 2 8 "o too SCALE l L'\DRAWlNGS\PLANNlNG\QS\NW2B The City of GWheat ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development GIL?vl*dgC ni 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant -- Address 1 jA2 z Lu 6ajL �4 Phone ,Er Z Owner Address _rt*, Phone Location of request Type of action requested (check one or more,of the actions listed below which pertain to your request.) Detailed Description of request List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE AN F S94 OTARY PUBLIC Notary Pu I TE OF COLORADO M Comm W. r M- a 1-14 I-V Me M r ig q � F'� i c MY COMMISSION EXPIRES 1012510 ssion expires Receipt No. L 0 0 2-6 case No. April 03, 1997 To,: Wheat Ridge Planning Commission Re: Case No. MS-97-1 (Edmund Schaeffer) Wheat Ridge United Neighborhoods (WRUN) is concerned about the "wetlands" located on the subject property. Some years ago WRUNT became a part of the Environmental Protection Agency's (EPA) Wetlands Adoption Program, and was designated as an official 111 ,Vetlands Watch Group". Subsequently we adopted a number of these vital resources in or near the #Gity of Whear Ridge. One of these was identified as the "Ernestine Williams' Drainage Way", which includes the sub- ject property. V7e have been in touch with the Corps of Engineers over the years and do know that a 404 Permit was issued on July 15 * 1•96 and has expired in January, 1997. Since a renewal has been applied for, but has not been received by the developer, we respectfully request that the Planning Uommission postpone finalization of this Case until the City has a copy of the permit in hand. Then and only then, we ask that you use ex- treme caution when any further filling is `requested. Respectfully, WHEAT RIDGE UNITED NEIGHBORHOODS i - 1 a - 9 1 1 11111111111111� I IIIIII[NUff 12,114-4 k 1 1'1� I " 1 11112 11 ill �--NMIIIMED DATE PUBLISHED: March 14 DATE POSTED: March 20 DATED LEGAL NOTICES SENT: March 21,1997 RELATED CORRESPONDENCE: (X) ATTACHED NONE (X) CASE FILE & PACKET MATERIALS 304SWE Man= JURISDICTION: The rose met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. CUP-97-1/Queen of Vietnamese Martyrs Church The applicant requests approval of a conditional use permit to allow expansion of a church and ancillary facilities into a Residential-Two zone district. C41 Use into a campus-Ty�•,e t an 9 multiple buildings on multiple properties. The properties with structures include 4615 Harlan 7Ttreet an 4660 Ingalls Street, however, their ownership also includes land located at 4685 Harlan Street and 469 Ingalls Street. Both of these parcels are currently vacant. The current facilities consist of three buildings on the southern C-1 zoned portion of the property (46 Harlan Street) and the rectory which is the southernmost dwelling on the east side of Ingalls Street (46•0 Ingalls Street) with Residential-Two zoning. An "outlot" just south of the rectory is used as e garden area. The buildings on the commercially zoned property are as follows in accordance with th attached site plan: I I � ta "0] The applicant proposes an expansion onto the vacant R-2 zoned land to the north and northwest of the current facility. Because the property functions as a "campus"', Staff requested the existing property be included in the review for expansion, Please refer to Exhibit 'B' which is the applicant's explanation of the proposed plan. Attached under Exhibit 'C' is a traffic destination survey of membership based on zip code. 11111 11111111TWInIq A 111 p111111;1 Planning Division Staff Report Page 3 Case No. CUP-97- I /Queen of Vietnamese Martyrs Church been reflected on the site plan. This curb cut will be limited to right-hand turns only exiting the site. A � left turns" sign and a raised median will be required. The construction of an additional lane will be required from the curb cut east to the intersection with Harlan Street. Only one dumpster is shown for the entire campus, that being on the north end of the new education building. This dumpster needs to be enclosed with a 6' high view obscuring fence. Staff would recommend that the service spaces adjacent to the dumpster be lengthened to avoid service vehicles fro blocking lanes on 47th Avenue. Other dumpster locations with screening need to be shown on the plani A 3500 Square foot addition is proposed for the Building C on the south parcel. Regarding circulation on the south, Staff has recommended stop signs be installed to the west of Building B and that the northern curb cut on Harlan be limited to right turns out. The installation of curb, gutter and sidewalk will be required along the Ingalls, West 47th Avenue and Harlan street frontages of the currently vacant property. There is existing curb, gutter and sidewalk ,running along Harlan Street south from the vacant lot. For the Residential-Two zoned property, building coverage proposed is 33.2% with landscaped coverage at 49.4% and parking and other hard surfaces comprising 17.4% of the site. A meeting for neighborhood input was held on February 4, 1997. Those attending included the following: Planning Division Staff Report Page 4 Case No. CUP-' 97- I /Queen of Vietnamese Martyrs Church • • SEE= 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. The proposed conditional use will allow the expansion of an existing use. Because vacant property will now contain a playground, parking and drive aisle and a building almost 35in height, it would be naive to assume there will be no affect on the neighborhood. Whether this affect will be detrimental on the health, safety, welfare and convenience of persons in the neighborhood is subjective. There will be Planning Division Staff Report Page 5 Case No. CUP-q7-1 /Queen of Vietnamese Martyrs Church traffic entering and exiting the site from West 47th Avenue, which will have an impact on traffic in neighborhood. The new playground will be available for public use which should have a positive affect on the area. I 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. The new structure may impact the amount of light and air to the property located directly to the west (Archuleta residence at 4680 Ingalls). The other two properties most directly impacted belong to the church. Air and water pollution should not be a factor. There will be noise generated by children using the playground. 3. Is consistent with the Comprehensive Plan. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. Planning Division Staff Report Page 6 Case No. CUP -'97 -1 /Queen of Vietnamese Martyrs Church 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All responding agencies can provide service to the property with certain upgrades. Appropriate on and off-site traffic improvements should accommodate any increase in traffic on surrounding streets. There should be no negative impact on parks in the area as the church is providing their own recreation amenity with the playground. There will be a public benefit to the neighborhood as the playground will be available for public use. Wheat Ridge Fire Protection District will require relocation of a hydrant on Harlan Street. Slight modifications are needed for some internal curb radii. Wheat Ridge Water District will require relocation of a hydrant on Harlan Street. A new hydrant will be required on Ingalls. Parks and Recreation Commission reviewed this request at their meeting in March. They requested the playground be available for public use. Planning Division Staff Report Page 7 Case No. CUP P-97- I /Queen of Vietnamese Martyrs Church Option A: "I move that Case No. CUP-97-1, a request for approval of a conditional use permit to allow church and ancillary uses on properties located at 4615 Harlan Street, 4685 Harlan Street, 4660 Ingalls Street and 4690 Ingalls Street, be APPROVED for the following reasons: I I . It is more desirable than an additional commercial use along Harlan Street., 2. The evaluation criteria supports approval., 3. It provides a land use transition from the more intensive use along Harlan Street to the playground and low density neighborhood further to the west. we "t Planning Division Staff Report Page 8 Case No. CUP-97- I /Queen of Vietnamese Martyrs Church 2. 1 I mm .W.W& NEW am m F DEFARTMNT OF "M% AW DEVe.OPKa(T - 235-2M Approved Date TO: Meredith Reckert, Planner FROM: Gary Wardle, Director of Parks and Recreation RE: Conditional Use Permit, 4615 Harlan Tt ^ -3 C�:y w[ ADXINTSTR'TIVE 'PROC-ESS APPLTCATIOX 'Wheat Deo a r tmen 41-, 0-f P l an n, i nq and Deve ioomenn Ij - GRIdge 7 5 00 West- 291th Ave. , Wheat Ridge, CO 80033 Phone (303) 237 Tvoe of action requested (check one or more of the actions listed below which pertain to your request.) Detailed Description of request SEE ATTACHED List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, op"- etc. NAME ADDRESS PHONE ARCHDIOCESE OF DENVER 200 JO EPHINE DENVER, CO 30206 388 -44 Subscribed nn• swor' C • t ��6a r ' yP ubil SEAL My commission expires Date Received - A; 6 ,6 7� Receipt No. Case No. 411IMM-M EiR� Nel4ghb<xhood Commerool LoH Den5ity Re!sidentiol I Ll ANIEN—WEA—MDR) _NM To: ' 1 VPlannin Commission From: Glen Gidley, Planning & Development Director Re: Case: ZOA-97-0 I /Industrial District Date: March 25, 1997 f4 04R A� At your meeting of I'vlarch 20, you reviewed a variety • issues and options regarding possible chanaes • the Liaht Industrial (I) zone district regulations. You also heard comments from several owners of I-Zoned properties all of whom were negatively concerried by these possible chanoes. P = Permitted A Accessory S Special Mdook- Sec. 26-23. Comxnercial -Two District (C-2). r (B) Permitted Principal Uses: No building or WE §'i-2.3 alter erected, converted or structurally altered ,,:% less other xise provided herein except for one tl) or more of the following uses: (7) Cold storage plant. ZONING AND D---V-::LOP.%t--NT ZONINGAND DEVELO?MENT Supp No 1 5 1 735 ZONING AND DEA (c) Any property upon which a special use pling Street, Ward Road north of West permit is granted pursuant to subpart 4 itn Avenue, and "Youngfield Street (R)(?) hereof shall be conspicuously shall be setback a minimum of fifty (50) posted to indicate the authorization for feet. the parking of commercial truck ( ) Side yard setback. Based upon the specific tractors and /or Semitrailers thereon. It site, adjacent land use and adjacent public shall b a violation of this Code of Laws streets, one (1) or more of the following 7e- for any commercial truck - tractor and/or quirements shall apply; semitrailer to be parked or stored upon property not so posted. Any commer. (a) Five (o) feet per story minimum, ex- cial truck - tractor and/or semitrailer cept a zero setback may be permitted parked in violation of the provisions where structures are constructed of ma. hereof shall be subject to the provi- stnry or nonflammable material and sions of section 13 -2 of this Code of in accordance with the Uniform Laws. Building Code. (3) Any other use not specifically listed in this (b) In all cases, thirty (30) feet where ad- district may be permitted as a special use jacent to a dedicated public street. where the planning commission and city (c) In addition to building setback; as re- council find, in addition to the standard re- quired by subsection (a) above, where a view criteria for all special uses as set forth side yard abuts property zoned residen- in section 6.6(B), that a specific site is tial, or where zoned Agricultural and uniquely appropriate for the use proposed, there is a residential structure within ► fifteen (15) feet of the commercial prop - . l 4,) Pawn shops. l ra)q Al Yh i 5 -f2 is ff erty, a five- foot - per -story landscaped (F) Development and Use Regulations. buffer, plus a six -foot -high solid deco - rative wall or fence, shall be required (1) Maximum height. Fifty (50) feet. between the building and the property (`?) Minimum lot area. No limitation, provided line. that all other requirements can be met. ( Rear yard setback. Based upon specific site, (3) Maximum lot coverage. Ninety (90) percent, adjacent land use and adjacent public with a minimum of ten (10) percent of the streets, one (1) or snore of the following shall lot being landscaped. apply: (4) Minimum lot width. No limitations, pro- () Ten (10) feet for a tine -story building vided that all other requirements can be and an additional five (5) feet per each met. additional story thereafter. (b) In all cases, any rear yard which abuts (5) Front yarn setback. Fifty (50) feet minimum, a public street shall have a minimum except as follows: setback of fifteen (15) feet for all strc- (a) Thirty (30) feet for structures on lots or tures. portions of lots which abut a cul-de-sac (c) In all cases, any rear yard which abuts bulb. a public alley shall have a minimum (b) Thirty (30) feet where the height of the setback for all structures of five () feet building does not exceed thirty -five (35) from the edge of the alley. feet, and where the front setback area (d) In addition to building setback as re- is completely landscaped, exclusive of quired by subsection (a) above, where a ingress /egress drives on either side of a rear yard abuts property zoned residen- structure. tial, or where zoned Agricultural and (c) Structures on lots which abut Sheridan there is a residential structure within. Boulevard, Wadsworth Boulevard, Ki- fifteen (15) feet of the commercial prop- Sapp. No. 15 1737 ZONI AN D DE L 0 P N f Ez N T Sec. 26-24. Light Industrial District (1). sllpp. No< 14 1737 § ''.24 wisp. No. 5 1739 e. t v. In addition, oniy On t 1 ) iti.r`"e "a';: Mier- tb) W used in this section, the follo­ins cna.nt may occ "upy. a premises a: -- . -, tir�.e. ^ - -orfollowing nail have the following mean.. ,� (2) {a1 Par king ti more than three fJ cornier- ings. cial t°uci; ^tractors and or Semitrailers i. °`Truck ^tractor" means an- motor on any parcel or lot, -where such vehi• vehicle which is generally and corn^ cles are not related to the transporta4 monly designed and used to draw titan needs of the business conducted a semitrailer and its cargo load thereon, shall require approval of a spe- over the public highways. cial use permit. In order to evaluate '' "Semitrailer " means any - wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan -which adequately illustrates which is designed to be used in con- location and size of all pa_T`king spaces junction with a truck- tractor so grid dr ive Isles, Grit direction Oi traffic that some oa2"G tit its own weight flo and which shows the proposed and that of its cargo load rests upon parking relative to existing structures or is carried by such truck tractor on and adjacent to the site, to adjacent and which is generally and corn- streets, and -which sho point of in^ manly used to carry and Granspor: g;resseegress to the site. The intent of property over the public highways. this provision is to limit those a *eas in 3, Any of said vehicles shall be con- sidered commercial when utilized -which truck- tractors and/or semi- with or as a part of a commercial trailers used in commercial ventures may be parked and is not intended to venture. apply to any noncommercial use of such (c) Any property upon which a special use truck - tractors and/or semitrailers.. permit is janted pursuant to subset• Parking lot design shall meet the stan- tion t "_')(a) above shall be conspicuously dards for truck-tractors and semi- posted to indicate the authorization for trailers as specified in section 26.31, the parking of commercial truck- 6 11-Street Parking Requirements, tractors an&or semitrailers thereon. It shall be a violation of this Code of Laws In addition, the applicant shall submit for any commercial truck tractor aril "or a report. -which addresses the following: semitrailer to be parked or stored upon property not so posted. Any commer- 1. Traffic impact to adjacent and sur- cial truck-tractor and/or semitrailer rounding street systems; parked in violation of the provisions 2. Noise generated on the subject site hereof shall be subject to the provi. and proposed methods of iti- sions of section 13.2 of the Code of gating its off -site effects: Laws` 3. Air pollution caused by the new development and the relationship (3) Commercial - wholesale greenhouses. -with ambient air pollution in the surrounding area. Proposed (4) Manufacturing processing, warehousing or methods of controlling or reducing; a combination thereof of the following: air pollution that arc part of the development concept shall be de- (a) Instruments of professional, scientific, scribed, and photographic, optical and other si - 4. Compatibility with adjacent land filar uses.. uses and proposed methods of as- (b) Electrical machinery, equipment and suring compatibility, such as supplies. screening, landscaping;, Sytback of (c) Fountain and beverage dispensing orientation. equipment. wisp. No. 5 1739 Z0.`;TN*G.kND DEVELIO?MENT (e) Explosive o7 highly corrosive cw , enn i - or I7 i6` Rubber manu"ac:urling, processIn' Ca-IS. such as metallic magnes me. Iama:ion. tallic sodium. metallic potassium or el. 7, Sawmill or planing mill. emental ohosnhorus, (2) Basic manufacture of any of the follovincr- (a) Abrasives. (b) Alcoholic beverages distillation. (c) Animal produc:s, (d) Bone black, (a) Fermented malt beverages. Z> (f) Carbon black and lamp black. (g) Charcoal. (h) Cinder or other blocks (i) Clay or clay products. ;j) Detergents. soaps and by-products using animal 'at, (k) Fermented fruit and vegetable prod- ucts. (1) Gases, other than those used in accor- dance with subsection tG)(8)(c). (m) Concrete or cement. (n) Glue and size. (o) Gypsum and other forms of plaster base. (p) Matches, (q) Matol ingots, pigs, sand castings, sheets or bars. (r) Oils and fats, animal and vegetable, (s) Paper pulp and cellulose. (t) Portland and similar cements, (u) Turpentine. (v) Wax and wax, products. (w) Other similar uses. (G) Performlance Standards: The following stan- dards and conditions shall ao0l): to the develoo- . . . . . . . . . . dards set forth are subject to the criteria estab- lished in cur—,ent federal, state or location regula- tions, whichever criteria is most restricti fl) Building enclosures. Every use shall be op- erated in its entiretv within a completeiv enclosed building unless otherwise specin. cally approved. MM32= Sapp, No. 5 1741 ZONING A.ND D_ (I lot coucrcge, Ninety M) percent. , See section 26-5 for definition.) I (4) MInir"lut" of No limitations, pro• vided that all other requirements can be met. i5) Fro: setback. Fifty (50) feet minimum, t6l SiacYara* setback: ia) Principal Permitted and Accessory Uses: Five (5) feet per story minimum, except as follows: 1. Zero setback where structures are constructed of masonry or nonflam. mable material and in accordance with the Uniform Building Code. I Thirty (30) feet where adjacent to a dedicated public street, I Where a side yard abuts property zoned residential, • where zone# Agricultural and there is a resi- dentia.1 structure v6thin'fi flee n t 15) fect of' the commercial property, a five-toot-per-story landscape buffer and a six- foot- It igh solid dccora tive wall or fence shall be required adjacent to the property line, (a) Principal Permitted and Accessory Uses: Ten 00) feet for a one-story building and an additional rive (5) feet per each additional story thereafter, ex- cept as follows: 1. Anyrear vard which abuts a public street sh�ll have a minim, um set- back of fifleen (15) reet for all struc- (b) Conditional and Special Uses: The min'. imurn depth of a rear yard shall be twenty (20) feet except as follows: I. Thirty s30) feat where adjacent to a dedicated public street. ffm conrrol*- R Eadiation and the u-iii. and Special Uses: The min. 0: 7adioactive mater;a.:s shall bereg. Z� imum kith of side yard shall be uiated so as to conform with Colorado De- *%VenrvqIve 125 feet, except as follows: pa, rtment of Health's currently adooted and Regulanons Per­taini^cr 70 Ra. 1, ThirtY (30) feet where adjacent to d'ation Control." a dedicated public street. 2. Seventy-five (75) feet where a side 1 11 _- radix —lian. Any electrical radia- vans abuts property zoned Residen- .ion shall not adversely alTect at any point tial, or where zoned Agricultural any operations or any equipment other than and there is a residential struc• t-ose of the create.- of the radiation. Avoid- cure within twenty-five (25) feet of . I ance o adverse effects from electrical radi- the industrial property, There shall = ion by appropriate single or mutual sched- be a sLx-foot�high solid decorative u ling of operations is permitted. wall or fence and ten tIO) feet of landscaping adjacent to the prop. ill; De.e , 'oPrert and Use Reguic.,ions, e-tv title. 3, a side yard abuts a railroad hei h� Fifty t501 feet. .9 right-of-way, no side yard setback shall be required. t21 lo. area. No limitation. provided that all other requirements can be met, (7) Rear yard scIbach: (I lot coucrcge, Ninety M) percent. , See section 26-5 for definition.) I (4) MInir"lut" of No limitations, pro• vided that all other requirements can be met. i5) Fro: setback. Fifty (50) feet minimum, t6l SiacYara* setback: ia) Principal Permitted and Accessory Uses: Five (5) feet per story minimum, except as follows: 1. Zero setback where structures are constructed of masonry or nonflam. mable material and in accordance with the Uniform Building Code. I Thirty (30) feet where adjacent to a dedicated public street, I Where a side yard abuts property zoned residential, • where zone# Agricultural and there is a resi- dentia.1 structure v6thin'fi flee n t 15) fect of' the commercial property, a five-toot-per-story landscape buffer and a six- foot- It igh solid dccora tive wall or fence shall be required adjacent to the property line, (a) Principal Permitted and Accessory Uses: Ten 00) feet for a one-story building and an additional rive (5) feet per each additional story thereafter, ex- cept as follows: 1. Anyrear vard which abuts a public street sh�ll have a minim, um set- back of fifleen (15) reet for all struc- (b) Conditional and Special Uses: The min'. imurn depth of a rear yard shall be twenty (20) feet except as follows: I. Thirty s30) feat where adjacent to a dedicated public street. ffm C_ OF R7DC-7 CO-OR_�Do BY t0::_NC_ HZ-M3E'R Bill No. 4 6 0;f 19, T IT L A�N 0 RD T C7' R T Q U - -.R 1.1; G S P V C T AL U S 7Z' P Ez R.M I T S . OIR m OR TUA _R I E S W che Cicv Council wishes to reau-i-re chat: new devel o::)m�enc of m u or �- taries n c­_ C-I, C-2 An d I Discriccs :irst receive a sneCial use pew ::.t to Section 26-5(3) of the Code of Laws. T T ORD" 7'LI1ZD BY T t:E C: T Y to C L OF Tt C V U= '.-;HE AT R 0 L 0 R-AD 0 !S FOLLO'." Sect 1. Su'--seccion 2-5-22(B) (20) of- r-ne Wneac R_"_ Code of ? is herebv dele:ed. Sec,t,1 2. Subsection 2S (E) of c*-e * Ridge Code of Laws is amended by renumber-ing e.xiscing Subparagraph 2� -22(*E) (5) as 2 22 () (9) and inserc ing a ne-.4 ;: ragraph 20 -22 () to read: 7 --zws Ls amen- by _:"tae: z in�z _z new suboaracz raoh 2 2 (_E) ( 5 to Laws 4 s amended by renum-bering existing subparagraph 2 24(:)(30) as 20'-24(-- (31) and inserting a new subparagraph 26.2-;(:_:') (30), to r -a ad (30) Mortuaries. Section 5. Existing 1 li ties. mo r t ­ - t uaries in existence on th e effeccive date OE this Ordinance shall not be affected thereby and shall not be required to obtain a soecial use oer­mic und Section 2'0-6(B) of zn­_ Code of Laws. Section 6. Sat"etv Clause, a n City Council hereby f i dezer,mine-s, and declares z.hac Ordinance is protmulgazed general police oo-wer of` c'ne C- of 1 .1'n ? eat Ridge, that ic is promulgated for the health, safezy, and welfare of the public and Ordinance is necessary for the prese ration, of health and sa ecy and for the procec: ion of public convenience and welfare, C_ Council fu the decern,-ines chic cne Ordinance bears a CITY OF WEEAT RIDGE, COLORADO INTRODUCED BY CO NCIL D --- -*''a e z Council Bill No. 7 Ordinance No. 053 Series of 0V TITLE: AIT ORDINANCE REQUIRING SPECIA.L USE PERMITS FOR CREMATORIES WhEREAS, the City Council wishes cc require chat new development of cremazories in the C-1, C-2 and 1 Districts first receive a special use permit pursuant to Section 26-60) of Me Code of Laws. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF *W�-EAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 29-220) of he Wheat Ridge Code of Laws is amended by amending subparagraph 26-22(=) (S) co read: (S) Morcuaries A-ND CRE.VA70RIES. Section 2. Subsection 25-23(E) of the Wheat Ridge Code af Laws is amended by amending subparagraph 26-230)(5) co read: (5) Morcuaries AN'D CRE�.1;67ORZES, Section 3. Subsection 26-24(E) of the Wheat Ridge Code of Laws is amendh by amending subparagraph 25 :3 read: (30) Mortuaries A-N Section 4. Existinq Facilities. Cremacories in exiscence an we ecteccive cace oc cnis urcinance snaii noc DE MLtUZeU LUsl=Oy and shall not be required ca obtain a special use permit under Seccion 26-6( ) of che Code of Laws, Section 5. Safety Clause. The Cicy Council hereby finds, dezermines, and declares chat this Ordinance is promulgaced under c general police power of the Cicy of Wheat Ridge, chat it is prom i for the health, safecy, and welfare of the public and chat chis ordinance is necessary for the preservation of health and safety and for che proceccion of public convenience and welfare. The City Council furcher decermines chat che Ordinance bears a national relation to che proper legislative objew sow3hc ;o be azcained. Section 6. Severability . if any clause, sencence, paragra?n, or par: of this (Ordinance or Applicazion :hereof co any person or circums:ances shall for any reason be judged by a. cour of 17 .���Iijr�:Ijpii�ii 1111111111 PIN ii, � I ' To !I I 11!�111111 o j #� ano 711111111 ITI rei�itrettlf-'nT:E� j ED CI Hz; T al TU administrative and legislative processes established by this code, and as may be required b other city ordinances and/or state law, where applicable, I 1. Refer the application to affected public agencies for review ani Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the review criteria established in the following subsection (A)(3) III { } Application form and review procedures. (a) Prior to submitting any application for a special use permit, the applicant (e) Upon receipt of a complete application packet as described above, the planning and development department shall proceed with the followk;q process: (5) City council review City Council shall review and decide upon all requests for special uses upon recommendation of planning commission for approval or upon appeal by an applicant of a recommendation for denial by planning commission. In the event of a protest against such special use permit, signed by the owners of percent or • of (a) Of those immediately adjacent to the rear or any side of the property, extending one l..e'• 00 feet from the property; or ! Of those directly opposite across from property, i o one ! ' # feet from frontage of opposite property. Appficabifity.� The requirements of this subsection shall be applicable througho the boundaries of the City of Wheat Ridge and to any areas that are proposed be annexed to the city where one (1) of the following is proposed: I, (2) Application form and review procedures (d) All applications shall also be accompanied by written information in sufficient detail to convey the full intent of the applicant and justifications • why a change of zone is appropriate in the area and shall include, Planning commission review, The planning commission shall hear and consider - rd - WreTa I lMefr,' PMURT (20) percent or more of the area: (6) Recordation: All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. I I ii I I I I I I I I I I 111111 111111 111111pil 11111111 1111 I I I I • • and Waivers of s '° •s. • of adjustment is empowered to hold public hearings to hear and decide upo appeals for and waivers from application of t c Review criteria and findings of fact: Where the board of adjustment, planning commission or city council shall hear and decide upon a request for a variance or waiver, that authority shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence, (d) Expiration of variance: Any variance granted by the board of adjustment M r planning director shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the .1tim .• 1 Iffl: !Llpol (a) Purpose: This is a sketch plan which indicates general development intent, building envelopes, parking areas, landscape/open space areas, storage or outside work areas, and approximate location of street access It is not intended to provide detailed design elements or engineering or () Type 11 site plan.` • t« se: This is a moderately detailed plan provides a greater amount of site relationship and architectural information for •" t M consider deciding upon applications ft and development. t. - t to illustrate preliminary site design preliminary t consideration of engineering issues to the extent that the potential character and possible impacts t . definable. It can provide the basis t building permit M occupancy and future zoning enforcement. Jefferson The plan will be part of the case file and record, and will be recorded with the County t recorder. t Plan requirements: 14. In addition to the information included on the site plan document, the following supportive information may be required: (c) No rezoning application or use permit as defined above shall be accepted • the city's staff until applicant has certified by affidavit, that he has complied with the provisions of this subsection (F)(1) above, is and has on numerous occasions been declared and confirmed by the Colorado Supreme Court as being a matter of purely local concern. The purpose of this subsection 26-6(G) is to state the intent of the City of Wheat Ridge to guard jealously its rights and powers as a home rule city to enact local zoning regulations which supersede and preempt state legislation in the area of zoning. (4) Notice conceming vested rights. Ordinances approving requests for zoning/rezoning of property, and ordinances, resolutions or motions approving plans, plats, site plans or any other required submission, shall contain the following statement: "Approval of this (ordinance, plan, plat, etc.,) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the Pteat Ridae v of U EMMEMM (1) Requests or proposals for amendments. Requests or proposals to amend this article may be initiated by city council, the mayor, planning commission, board of adjustment, the city attorney, the city administrator, or the director of planning and development, requesting or suggesting amendments shall make application to the planning commission for consideration on a future agenda as a study matter. (Ord. No. 1989-791, subsection 1, 5-8-89; Ord. No. 1990-822, subsection 2, 2-26-90; Ord. No, 1990-827, subsection 1, 4-9-90, Ord. No. 1992-889, subsection 1, 2-10-92, Ord, No. 1993-945, subsection 1, 12-13-93, Ord. No. 1994-970, subsection 1,6-13-94, Ord, No. 1994-978, iubsection 1, 10-10-94: Ord, No, 1994-985, subsection 1, 12-12-94) — 111 1111 Illim Memorandum - Planning Commission March 12,1997 RE: Case No. ZOA-97-01 Em 16th meeting, you reviewed that section of the Zoning Code (Section 26-6(B)) which deals Nvith the "procedural" aspects of Special Uses. I have included a copy of the Staff memorandum and attachnients from that meeting for your review. Trg • rf arrpymt xv that the Planning Commission has concern regarding two specific components of the Special U provisions as they would apply not only to the "I" zone, but generally to all zone districts. Tho concerns can be summarized as follows: I QAPIIAL INVF.STMENI: Those Special Uses which require significant capital investment in permanent structures and site improvements which are designed so as to accommodate a specific type of use and which cannot easily be converted to a wide range of permitted uses should not • subject to the - personal grant" provisions of the Special Use provision. Instead, those Special Uses should vestwith the property. 1,10=104"Wel Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 um • Amends Section 26-6 (A) Conditional Uses to read substantially the same as the current Special Use provisions by i picluding the "Personal Grant" provision and approval • Ordinance process. I would recommend against the five-year amortization provision however because of the inconsistency issues. C. Amends AD zone districts • realigning the various uses into "Special", "Conditional or "Permitted" Uses based upon the nature of the use and related site improvements and the degree of desired public input. To illustrate this concept, I offer the following examples: March 12, 1997 RE: Case No. ZOA-97-01 Page 4 Attachments