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HomeMy WebLinkAbout06/05/1997AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION JUNE 5,1997 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 5,1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 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. APPROVAL OF MINUTES - May 15,1997 6, PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 6 of the Public Hearing Section of the Agenda.) 7. PUBLIC HEARING A. Case NQ- WZ An application by Louis Ficco on behalf of Dorothy Smith and Lenore Harris to rezone from Residential-Two and wle-aye. Commercial-One to Planned Commercial Development and outline development plan for property located at 6225 W. 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. B. !CaNe NQ. WZ-27-5: An application by Pacifica Holding Company LLC 'so 573 to rezone from Commercial-One to Planned Commercial Development, 7; 4 ;1y1q1_10a outline plan approval and final development plan approval with a variance for property located at 9500 W. 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. 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 April 3, 1997.) 8. CLOSE THE PUBLIC HEARING I lll�izlalw: . - I 12. COMMITTEE AND DEPARTMENT REPORTS MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSIO] May 15,19• 7 CALL THE STUDY SESSION TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 pm., on May 15, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. qNMEMMAX0 11 MEMBERS PRESENT: Harry Williams, Chairperson Anne Brinkman COUNCIL MEMBERS: Dan Wilde, Mayor Teri Dalbec Janelle Shaver Claudia Worth STAFF PRESENT: Glen Gidley, Director Planning & Development Marilyn Gunn, Recording Secretary The following is the official copy of Planning Commission minutes for the Study Session of M'I 15, 1997. A copy of these minutes is retained both in the office of the City Clerk and in the Department of Plarming and Development of the City of Wheat Ridge. 4. APPROVE THE ORDER OF THE AGENDA (items of new and old business may be recommended for placement on the agenda.) A motion was made by 'orrmussibrier RASPLICKA, secon -- y Uomrmsstonei to approve the agenda as written. Approval was by consensus. Planning Commission Minutes May 15,1997 Page 2 A motion was made by Commissioner SNOW, second by Commissioner BRINKMAN to approve the Minutes as amended. Approval was met by consensus with two abstentions • • 6. STUDY SESSION ITEM A. !CaNe No. ZQA-97-1: 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 at "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado. City Manager Middaugh suggested that each person seated at the table introduce themselves to others attending the Study Session as well as those in the audience. Discussion was held regarding this case. Councilperson Dalbec presented the group with a copy of a memorandum she prepared and a copy of an article regarding truck traffic published May 9, 1997, in the Denver Post (copies attached for file). City Manager Middaugh presented a brief overview of the purpose of the meeting and suggested that the group focus on the perceived problems that need to be solved and reach consensus as to what should occur. Technical editing will be accomplished by City Administration and the City Attorney. • law- am"Mis t Z ww' Industrial Zone areas. He advised the group that the City had assumed the "I" zoning from Jefferson County. A question was posed as to if all of the "I" zoned areas were built. Director GIDLEY advised that most are but there are • very few parcels that have not been. �` �, Planning Commission Minutes May 15, 1997 Page 4 Several property owners were in the audience and although this meeting was a Study Session not a Public Hearing, members of Council and the Planning Commission felt it appropriate to IMS� =�133MBKN=11111281!M I!Qh—n M-QygL 5000 Tabor Street. His main concern is property values. He stated that before he Planning Commission Minutes May 15, 1997 Page 5 L3Qb limnam 8035 Newman Street, Arvada. He owns property on West 52nd Avenue and West 50th Place. His concerns included what to do with his property should it be rezoned and what will be happening to Ridge Road and the affects this will have on the values of his property. RE2COMMEN12ED ACIPIONS, ommercT7_ 111111111,A fr! to limit the "regular parking or storage" of more than three serni-trucks and trailers upon a property subject to a Special use Permit. This would not apply to semi-truck activity making deliveries or pickups. The term "regular" would need to be defined, such as "for a time span in excess of four hours"'. Planning Commission Minutes May 15, 199"7 Page 6 a. Amend the C- 1, C-2 and I district regulations to allow (or require) taller solid walls and fences to screen outside storage areas. Maybe up to ten feet high. 3. RE: Special Use Permits b. Amend same to allow for a specific determination at time of approval by City Council that designates a specific Special Use application as either "Property Vested" or "Owner/Applicant Vested". i tZjnL%TA;jWjjNXR CITY OF WHEAT RIDGE u9L.Iltl%t�&%"LC]i TO: Planning Commission J I o", ZMTJNA5NW CASE MANAGER: Meredith Reckert ACTION REQUESTED: Rezoning from Residential-Two and Commercial-One to Planned Commercial Development and outline development plan approval. 4AME & ADDRESS OF APPLICANT(S): Louis J. Ficco 11315 W. 38th Avenue Wheat Ridge NAME & ADDRESS OF OWNER(S): Dorothy Smith and Lenore Harris 2902 S. Sidney Court Denver, 80231 APPROXIMATE AREA: 3.0 Acres SURROUNDING ZONING: N: R-2, C-1; S: C-2, A-1; E: PCD; (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS OTHER — ---- – – ------ – --- --------- — ----- JURM12ICTIQN; The,7,ro"k is withiaAc met, therefore, there is jurisdiction to hear this case. lammmim • Case No. WZ-97-7/Ficco Page 2 The applicant requests approval of a rezonin I g of property locate at 6225 West 48th Avenue from Residential-Two ' and Commercial-One to Planned Commercial Development and for approval of an outline development plan. 11. OUTLINE DEVELOPMENT PLAN The applicant has submitted an outline development plan only at this time. Should this request • ment 11an andd # d to b- ::: A single access point from West 48th Avenue has been provided. Wheat Ridge Fire District is comfortable with fire access as shown. There is no direct access to Old Arvada Road. General develol2ment standards include maximum b tilding covera..... o building height of 22 and minimum landscaped coverage of 25%. Staff would recommend a note be placed on the plan disallowing billboards. Building facade will be masonry block or concrete. Staff recommends brick accent be used on those building elevations visible from adjacent streets. All requirements for outline development plan have been met. In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and Planning Commission shall find: Staff concluN es that although this is an application for a planned commercial development, many of "I uses are industrial in nature. Staff has attempted to mitigate potential negative impacts by requiring performance standards and buffering. 2. 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. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. EMMM=411 4. 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. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property currently has split zoning with C- I on the front (roughly 190'x 130' or 24,700 square feet). The remaining 2.43 acres is zoned Residential-Two. Based on proximity to the freeway and the fact that property to the east and west is semi-industrial in nature, Staff concludes that the property cannot be reasonably developed residentially with the current zoning. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there are other commercially zoned properties to the east and west. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. The City's Economic Development Coordinator has indicated that there is a market for this type of tenant space in Jefferson County. A meeting for neighborhood input was held on March 13, 1997. Those attending included the following: Meredith Reckert (staff) Lou Ficco, Jr. (Applicant) Lou Ficco, Sr. (Applicant) Darlene Jaidinger - 4650 Webster Street Howard Jaidinger - 6845 West 36A Plagoi Planning Division Staff Report Page 5 Case No. WZ-97-7/Ficco Jack Major - 6285 West 48th Avenue Jack C. Major - 6285 West 48th Avenue -Problems with drainage in the area which may get worse because of the increase in impervious area. The construction of 1-70 created a "dam" forcing water north towards Clear Creek. When there are heavy rains, the water moves too fast to go into the storm sewer. -A concern for the existing single family home getting inundated by storm water and losing privacy because of the grade change between the property and an existing residence which is lower in elevation. The owners of the adjacent property indicated that they would not like any outside storage behind the north building. -What type of businesses would be allowed? Would there be businesses which have impacts such as vibration, noise? -What would the buildings look like? All agencies can provided service to the property with certain improvements. Wheat Ridge Water District will require a major line extension plus the installation of hydrants, Wheat Ridge Fire Protection District can serve. Wheat Ridge Sanitation District will require a line extension at the developer's expense. Public Works will require a drainage report and a fill permit. They have requested a copy of the title commitment and asked for verification of ownership on the parcel located between this one and Old Arvada Road. Escrow will • required in lieu of construction ♦ public improvements along West 48th Avenue. Case No. WZ-97-7/Ficco I That performance standards attached as Exhibit 'A' be included under the list of allowed, uses. 2. A note disallowing billboards be put on the plan. 3. Brick accent be used on those building elevation visible from adjacent streets. 4. On the first page, auto related businesses (left-hand column) should be eliminated. Option A: I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two -,cow plan for property located at 6225 West 48th Avenue, be Approved for the following reasons: I Although some of the uses are semi-industrial in nature, the proposal is consistent with adjacent zoning and development., 2. The property cannot be reasonably developed under current zoning. With the following conditions: I That performance standards attached as Exhibit 'A' be included under the list of allowed uses." Option B: I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be Denied for the following reasons: t. 2. 3. I r : "' , , OFFIGIAL r �, ,'; 100—*rEAR FLOOD PLAIN ZONINC-7 MAP (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY HEAT RIDOE PARCEL/LOT BOUNDRY C,OLORADO (DESIC7NATES OWNERSHIP) CITY LIMIT LINE MAP ADOPTEI> June 15, 1994 WATER FEATURE Lost Revision: Jonuory 9, IC)q5 DENOTES MULTIPLE ADDRESSES IXALE I'm400 c4sc .0vo - The following are Staff s recommendations for performance standards for the Ficco project located at 6225 West 48th Avenue. This language needs to be incorporated into the use Alowances on the outline development plan. I I III # 1 1 11 Uprallowngwe MI two - M, JQ , 7s TOGFTIIER with all and singular the 'hered;tamenta and appurtenances thereto belonging, or ,n an3rwisa appertaining, and the reversion and reversions, remainder and remainders, r issues and profits thereof; and all th est right, title, interest, claim and d whatsoever of the said part JuS of the f Part, either it' law or equity, of, in and to the above bargained premises, with the hereditament$ and Appurtenances. TO HAVE uNl) TO 11OLD the said premises Aho-te bargained and describes, with the appurtenances, unto the said part ie$ of the second part, heirs a nd assigns forever, And the said parties of the first part, for ' them sexes their heirs, executors, and administrators, do covenant grant, bargain, and agree to snd with the said part Jes of the second part, their heir and assigns, that at the time of the enocl. we ll s of the promises above conveyed, as of 9 -;ure, ing and delivery of there presents, perfect, absolute and indefeasible estate of Inheritance, in law, In fee simple, And be V^, good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form r I afarcaaj4, and that the some are free and clear from all former And other grants, bargains, sales, lions, t Asse sments And encumbrances of s whatever kind or nature soavM except the taxes for the year 1971 PI)d subsequent years, and except for easements, restrictions, reservations and rights-of-WAY, if Any, d the above bargained pr,rofites in the q4let find ponroftble po#ae#gl*n Of the 0414 Parties of the second part, on their heirs and assigns against All And every person or parsons 14 c l a imin g Or to claim the whole 'VER DUFF or any Part tLereof, the said parti,13 o f the first part %ball Arid will WARRANT AND FORK - I' WITNESS WHEREOF, the said parties of the first part have hereunto art their hand and seal the day and year first above written, JSEAL) T STATE OF COLORADO county or Jefferson instrument was acknow'Wged before me thin 1st day of Octuber D, 0,1r1 < John M. Wit aox3on and Robert W, Wilcoxson, Jr. losl And Official seal. Mj I cAr4 A$ stun expires August 11 19 7 Witness my S. 932. Wsranty Deed. For Photographic Record. 2314 753 The City of GWheat ADMINISTRATIVE PROCESS APPLICATION GRidge Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Z ( T Address -4° AUE Phone 60 S o?- 3 Owner Z A7 Address + Phone 14a V Y' 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 F Lie -aL3 -Cq- t I certify that the information and exhibits herewith submitted are true and correct to the best • my knowledge and that in filing this application, I am acting with the knowledge and consent • those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this actionon hiabehalf. Signature,of Applicant Subscribed and sw SEAL r0i Wffr� • Date Received JJJV Receipt No. Case No. Aor_j, , ZZ;2,�, ACTION REQUESTED: Rezoning from C-1 to PCD, outline plan approval and final development plan approval with a variance. NA11iE & ADDRESS OF APPLICANT(S): Pacifica Holding Company LCe 6350 S. Roslyn St. #240 Englewood, CO 80111 NAME & ADDRESS OF OWNER(S): Pacifica ARKA/Kipling & 1-70 LLC 5350 S. Roslyn St #240 Englewood, CO 80111 MR. COMPREHENSIVE PLAN FOR THE AREA: Commercial Activity Center - Kipling Activity Center Master Plan DATED LEGAL NOTICES SENT: May 22,1997 (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES SUBDIVISION REGULATIONS EXHIBITS 0 - #A E R The roT�e&� is within met, therefore, there is jurisdiction to hear this case. 111�� 1 4 MIMMUMMIUNAM EMEEM =0 ;l1mgpill! 1 i IiIIIIIIIII!I III!! • MIUICA �1rUVCIVPIIIVIIL Will I(VIT MI 'IlLILIHIC IWVUIOP'IT=rP Ut I development plan with a sign setback variance. The property in question was recently developed under C- I zoning with four office/showroom/storage buildings totaling 106,524 square feet. A temporary certificate of occupancy has been issued for the anchor tenant, a bank, in the southwestern-most structure • the property. The developer has requested the rezoning to delete currently a] lowed C- 1, uses which are undesirable and to expand the allowed uses to include some low impact, semi-industrial businesses. The required platting document was previously approved pursuant to Case No. MS-95-4. This was approved prior to issuance of a build�ing permit. A, meeting for neighborhood input was held on February 6, 1997. Those attending include the following: EMEMEMSM Planning Division Staff Report Case No. WZ-97-5/Pacifica dangerous waste products, etc. W= A letter of objection was submitted from one of the property owners on West 49th Avenue which is included under Exhibit 'A'. �Siu 111 113 Do 11 Ok"i structure, 15'minimum landscaped coverage and building coverage not to exceed 35% of the site area. In regard to the minimum front setback from rights-of-way, the outline plan shows this requirement as being 30'. This figure should be revised to 50'. Based on residential adjacency on the east, Staff recommends that the plan be revised to allow only C- I uses with no outside storage in the eastern two buildings. In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That the change of zone is in conformance, or will bring the property into conformance Planning Division Staff Report Case No. WZ-97-5/Pacifica EM 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. 2. 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. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will economic benefits to the community as a result of the rezoning. 4. 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. All service agencies are currently providing service to the property. S. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The change • zone will not affect drainage or the amount of light and air to ad acent properties. The i buildings will remain regardless of zoning on the property. There could be a visual impact if outside storage is allowed and not adequately screened. Performance standards were required by Staff to mitigate other potential impacts, particularly to residents to the east. The more intensive uses should be IWMMI2�1wm allowed only in the western buildings. WM 6. That the property cannot reasonably be developed under the existing zoning conditions. There are a wide variety of uses allowed under the existing C- I zoning, however, the developer will have more flexibility in placing tenants with the expanded use list. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. As there is other commercial zoning in the area, spot zoning is not an issue. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Based on comments from the City's Economic Development Coordinator, there is a void in the market for this type of leasable space in Jefferson County, V. FINAL DEVELOPMENT PLAN A final development plan has been submitted which is consistent with the outline development plan building parameters and which accurately reflects what has been built with the exception of the fencing around the proposed outside storage. If outside storage is approved, Staff s recommended wing walls be shown. Once again, Staff would recommend that outside storage • allowed only behind the western two buildings. No information has been provided regarding signage on the property except for the sign at the southwest comer of the property. The elevation of the sign being proposed is included under Exhibit 'B'. The sigr is 260 square feet in size and 24'1 " in height. It is being shown as 5' away from the right-of-way lines which requires a 5' setback variance discussed under Section VI. of this report. Staff is supporting the variance if this is the only freestanding sign allowed on the property. All minimum requirements of zoning code have been met. All requirements for a final development plan have been met. With this application, the applicant has included a request for a sign setback variance for the project identification sign. 112 IIIIiIii Planning Division Staff Report Page 6 Case No. WZ-97-5/Pacifica 30' high sign 5' from the front property line. Pursuant to Section 26-41 O(e)(3) of the Wheat Ridge Code • Laws, signs over 25in height must have a 30'setback from street right-of-way. This case was heard and denied by the Board of Adjustment on March 27, 1997. This original request has been reduced by having the sign lowered to 24- 11 " in height, thereby reducing the required setback from 3 0' to 10. Therefore, a lesser setback variance of only 5' is needed, rather than the original 25'. 1 The applicant has submitted justification for the request by comparing the proposal to other similar sized signs in the area and the setbacks provided for those. Please refer to Exhibit Staff would note that the-sip was erected wil"0114WUT ag"' LmAm.;Y-46 for development of the property was all-inclusive. The sign currently has a 5' setback from the r-o-w line and will have to be relocated regardless of the outcome of the case. Variances must be considered separately from the other cases and requires a greater-than- majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). Staff has the following comments regarding the criteria used to evaluate a variance: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? 14MI&JIgi2gals, 2. Is the plight of the owner due to unique circumstances? Because the sign was erected without a permit, Staff concludes that the hardship is self-imposed. 3. If the variation was granted, would it alter the essential character of the locality? There are many signs in this vicinity of similar size with comparable setbacks. If the variance were granted it would not alter the character of the area. 4. Would the particular physical surrounding shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? The site is relatively flat and there is an insufficient grade change between 1-70 and the property to constitute a hardship. The setback problem occurs because of the Independence/1-70 comer radius vWz*vk0 from both the east and west. Case No. WZ-97-5/Pacifica EM 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other prop" within the same zoning classification? Yes, however, there are already signs of comparable size and height in the area with similar setbacks. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? This request is economically motivated. The applicant has chosen the sign location based on the need for maximum exposure to 1-70. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? , The developer has created his own hardship by erecting the sign without a permit. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The sign is located outside of the sight distance triangle and does not pose a threat to public welfare. The proposed location is more aesthetically pleasing than an alternate location which meets the 10' setback. The applicant could be allowed two freestanding signs on the property as opposed to the single sign being proposed. For these reasons, Staff concludes that the variance would not be injurious to other property or improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? the supply of light and air to properties. As noted in #8, there should not be endangerment to the public's safety or a negative impact to property values in the vicinity. Planning Division Staff Report Page 8 Case No. WZ- 97- 5/Pacifica Staff has already concluded that granting of the variance would not be detrimental to property, improvements or real estate values in the neighborhood, nor would it hurt the health, safety and welfare, It could prove to be an improvement to the neighborhood aesthetically if no other freestanding signs were allowed on the property. It would not result in an accommodation to a person with disabilities. Staff concludes that although there are no unique circumstances and the hardship is self-imposed, there would be no endangerment to the public health, safety and welfare if approved. If the variance is approved, it may result in a more aesthetically pleasing development. For these reasons, a recommendation of approval is given with the following conditions: I . A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping be installed around the base of the sign, 3. No other freestanding signs be allowed on the property. kyj I MEW U" All agencies are currently serving the property. The Police Department has advised that the use of rocks in the development's landscaping should • discouraged. Given the amount of glass used in the development, the use of rock could facilitate vandalism after regular business hours. e building interior upgrades. Their specific comments have been forwarded to the applicant. Therefore, a recommendation of approval is given for the outline development plan with the following conditions; I In the development standards, the perimeter setback next to right-of-way be changed to 50' 2. Maximum machine horsepower be limited to 10 and anything above that be reviewed as a special use. 3. Uses in the eastern buildings be limited to C-1 uses with no outside storage, 0 i 1 J Page 9 4. Wings walls be extended from the east and west walls of the western building to help screen outside storage areas. A recommendation of approval is given for the final development plan with the following conditions: I Wing walls be extended from the cast and west walls of the western building to help screen outside storage areas. 2. Outside storage be allowed only behind the western buildings 3. If the variance is approved, the plan be revised accordingly. No other freestanding signs be allowed on the property. In regard to the request for variance, Staff has concluded that approval of the reduced request would not prove a hazard to the public health, safety and welfare, nor would it have a negative impact on property values. Because the proposed location is more aesthetically pleasing than other locations meeting setbacks, a recommendation of Approval is given with the following conditions: I . A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping • installed around the base of the sign, and 3. No other freestanding signs be allowed on the property. I Option A: "I move that Case No. Case No. WZ-97-5, a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be approved for the following reasons: rezoning is required to expand allowed uses. 2. As recommended by Staff, it would allow a land use transition, 3. All requirements for a PCD outline development plan have been met. 'MM WM Option B: "I move that Case No. Case No. WZ-97-5, a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development pI11 for property located at 9500 West 49th Avenue, be Denied for the following reasons: I . 2. 3. *Ption A: "I move that the request for approval of a final development plan for property located at 9500 West 49th Avenue, be approved for the following reasons: recommended by Staff, it would provide a land use transition. 2. All maximum requirements of the zoning code have been met. 3. All requirements for a PCD final development plan have been met. With the following conditions: I Wing walls be extended from the east and west walls of the western building to help screen outside storage areas. 2. Outside storage be allowed only behind the western buildings. 3. If the variance is approved, the plan be revised accordingly. No other freestanding signs be allowed on the property." Option B: "I move that Case No. Case No. WZ-97-5, a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be Denied for the following reasons: I. 2. 3. Option A: "I move that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be approved for the following reasons: I Approval of the reduced request would not prove a hazard to the public health, safety welfare. 2. It would not have a negative impact on property values or the public welfare. 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks] Planning Division Staff Report Case No, WZ-97-51Pacifica With the following conditions: Page I I 1. A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping • installed around the base of the sign. 3. No other freestanding signs be allowed on the property." Option B: I move that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be Denied for the following reasons: 1. 2. 3. at C14je 140. wel? . S- April 03, 1997 TO: Merideth Rekert City of Wheat Ridge 7500 W. 20th Ave. Wheatridge, CO 80215 Re: 70 West Business Park Monument Sign FROM: Criss Rusch We are pleased to furnish you with the following additional information pertinent to the Monument Sign: + Maximum sign height - 50' * Maximum sign size - 600 S.F. X M-M. Sign height -24'-11" Sign size - 260 S.F. 21 111 American Motel 30' 7' Amoco 40730' is Brunswick Bowl 40' 01 Conoco 50' 15' Furrs 40' 20' Holiday Inn 35' 10 JW Brewer 50' 15' Kettlesen 50' 10 Lutheran 25' 5' Medved 40'/30'/30' 18V 12'/ 12 Morgan 50' 15 70 W. Exec. Center 25' 15' Texaco 40'/30' 81/51 The (13) business' located in the vicinity have for the most part higher signs with a similar setback to that of which we are requesting. 1 feel the proposed sign placement is the most accomm ocation. i Iff parking lot, Locating the sign near the building would be detrimental to the integrity of the usiness Center. The sign visibility would be virtually eliminated , both to interstate and local traffic. . .060 ALUWNUM CABINET - - IlW ALUNNUM FACE P AW 7EAL GREEN - ROUT COPY AND BACK WITH WHITE PLEX TITLE - `T-1 ILLS - U.L. CAB T WRING - 3 AMPS - CONCEALE FASTENERS '- 1WOr STRUCTURE IF T ENAN T PANEL 6W TENANT PANEL (VERIFY) 10.1 1" . HIV , .. ALL EOUAL 11 0 . 3' INTO STRUCTURE PGHT P SKM MWAAMET M CENTER To CENTER F EED �r RECEPTION NO. F00809ti E16.46 psi 0001-001 a30 RECORDED IN JEFFERSON COUNTY, COLORADO 7/10/95,10:17 SPMAI. Itti'ARRANTY DEFI) mm tot Light; 11undrod Four Thousand Five Hundred Eighty Two and 00/100 ($8(14,582.1?(() - - - - -- XNAAPS, tot mvif" 1014 is hotchy 46".1taArd, has yf4to, itS; Itelft Am .5migm rour AH the rest ptolvoy. wsrthtf -,to cmrf-vmxnt., if Any. Owat Ari-C #44 being in the routuy of Jefferson ivi Chwadi'. orwitlit AS h4loov LOTS I and 2 70 EXECUTIVE CENTER 4' Independence street, 10033 10cj with *0 and tinjuiv the heigailstretra AM tp.,unentom thereto tvkmtAin;, cr it sot-wise xrqvit&WvitLaoj the t:tvr%vn AM "'vwtuiti. N.'a'swet " ItMA'Adm ftnm 4surs a n d P(441 there" t:. AW sit tw rilaw, 60s, 14c, tmt,fru, clam and del"Sotl hA1Uv'vf of ou, NEC West 49th Avonuo and Wheat Ridge, Colorado i $,Aouio(41 rkbet n, tA* of equity. at, in Ad in the sexor b4spisird pimiwL wilh the lormlas"Wrol and 10 RANT, ANC) 10 1101-1) Aht A14 Mcmiw$ at N'Aamcj *oo'kW6tvj -ith the eppvfsensm ts, unto On 1,401"tAL its hot,* AM A'Siptx tottmv, 1 be itrAmm", tot i t Scl f its • And Spot that it OAR AAJ wiR WAAXANT AND FOKMP 13111NO the rfrotsies in "ey quiet AM rVA, poiteisk'" of the jif#fttyr§4 its he$?$ and milm, 4AAino alt and C•try Nt" of rvrvmt ogimii,t the -hok in toy part thcow, S" of vodrf she gf#(40441, W NVITNESS W11FAr.01. the ff&ft1PrW ha S mvuled this &rd on the 6414 We forth $Kxc SJS Co., a Colo ra do partnership — — - --------- By: Bernard J,, SchaffWr, Crvmyo( Denver Inn riseftun" ift"turnsm -AS atktrsmakdrted Wasc "Ste 4141 da of Juno M• Bernard J. Schaffner, et general partner of SJS Co., a Colorado general partncrshiip e7 I ttio Mftoy' town tod NS.16.01m4-404. • � ; � _� t lu �aoC� ur; -err. r4� 1 - O y • —�'4 w 62 no ^ccac°noocq�,, �aoae000a^ i0000 D0000 DDODCDODa C onaa;� °: nDDDDODOnDODDDODona B °DaoDnD: J � AT' a ( aa^ DD ( L L PJPCxE) Ab-1 L'1 0 Ab -I L w O 62 ❑ _K 13 62 v _ � � � `0' •8 � � 4 4 10, � , 04 . W1, ol LL �ArI —i , r r n r 4m Al „ t '42 —Sk OG$ �f _ 14 Qf 2W 13 5 —.� - ,�,. 2 332 -8 ❑ 24' D g � / n S n \ P S46rJ � � ^.D 1 �maDD n�oDa°nn000�nc= 'caaa n�Danonoa � � � 4 � � I { � � �" � - - - ❑: �. �D✓DDuD�II'J= ,�� °GDC.^.^�.naDD^. �' +n°annaa OD�aD O� �°, � � C CZ) „ ; • `LC DDODDDDDDDD❑DE �✓ Li - _ I =L _� O.D. 4W & 14 O - _ t 1'sePOs= S c o+ti' �"�x �. S t Cs+� ; 5 s - ��' _ •' _ ` —� DETF1 s �� +.�� 12 41 T" �s -�u rw�;x: s�-- r,�,.; 5=0 11 � � Jc. _ - - lab ... •�, is -;",, . ^ ► �: � }�. /`\ j �.� � � /' �^. _ At your joint meeting with City Council on May 15th, there was general consensus as follows: 1. RE: Semi-trucks and Trailers Amend all of the Commercial District Regulations and Industrial (1) Regulations to limit the "regular parking or storage" of more than three (3) semi-trucks and trailers upon a property subject to a Special Use Permit. This would not apply to semi-truck activity making deliveries or pickups. The term "regular" would need to be defined such as "for a time span in excess of four hours". Council Bill "A" accomplishes this. 2. RE: Outside Storage A. Amend the C-1, C-2 and I district regulations to allow (or require) taller solid walls and fences to screen outside storage areas. Maybe up to ten (1, 0) feet high. Council Bill "B" accomplishes this. B. Amend the "I" district to require more landscaping. Council Bill "C" accomplishes this. 3. RE: Special Use Permits A. Amend Section 26-6 to eliminate the Special Use nonconforming provisions hence, Section • provisions would apply. B. Amend same to allow for a specific determination at time • approval by City Council that designates a specific Special Use application as either "Property Vested" or "Owner/Applicant Vested". • The public hearing on this case was specifically continued from April 3rd to June 5th by motion allowing for the interim joint study session on May 15. Because the issues have broadened and have been redirected over the course of discussion of this matter, it was necessary to isolate the various topics into separate Council Bills so as to comply with the State Constitutional requirements of single topic legislation. Em P INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO PARKING AND STORAGE OF TRUCK-TRACTORS AND/OR SEMITRAILERS UPON PROPERTY LOCATED WITHIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS brE f E I'ff E COLORADO,THAT: 0-1111#016 M-401 1111 #130 10MICT" 103 1 IQ 9 • 11 In addition, the applicant shall submit a report which addresses the following: I . Traffic impact to adjacent and surround street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; EM. R. MbWdVr-IMJWW"A I Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and, 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (7)(a) above, the following words shall have the following meaning: Effi-MMIL22 IMMI Od "M 1 #11% flo ROMMMS U • M RUM vWXYRFUTOMM 87." iw NOW' In addition, the applicant shall submit a report which addresses the following: (b) When used in subsection (2)(a) above, the following words shall have the following wx�� Em 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS., Sectign S. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial (1), District Regulations, Subsection (C) is hereby amended by the addition of the following new subsection (6): Sectign 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24 Light Industrial (1) District Regulations, Subsection (E)(2)(a) and (b) are amended as follows: 16 air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in this section, the following words shall have the following meanings: Sgclign 2, Severa-hility., If any clause, sentence, paragraph, or part of 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 persons or circumstances. &glign 10. SM12g_r_�e5ai!QnQaMag. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements • standards found elsewhere in the Code of Laws of the City of 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. Sgdgn 11. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to - on th - day of , 1997, ordered published in full in a newspaper of general i circulation in M caring anct consiacration on maj passage set for , 1997, at 7:00 o'clock pm., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ?WRVM • ISMUM - I to -1. this day of 1997. • 11,111 MIIIME� 1997. EFIMMI Wanda Sang, City Clerk I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO OUTSIDE STORAGE REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: One (C-1) District Regulations Subsection (C)(3)(b), is hereby amended as follows: 5 lnxlx�n tpj &log EMO jmlj t I I ffe I MIM11 I 0,mmy Ll M Lwl WIN • FS MUM &M I I I jaw! NO W - K OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Ordinance No. Page 2 Series of 1997 Section 3. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial (1) District Regulations, Subsection (C)(3)(b) is hereby amended as follows: OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Sggti-Qu 5. Smr—abi lit y. If any clause, sentence, paragraph, or part of 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 persons or circumstances. Sgglim, 6, SummioUguog. 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 of the City of Wheat Ridge, which are in existence as of the date of ado%tion of this Ordinance, the jirovisions. re2tuirements and standards herein shall slAf.ersede and prevail. Sg•tigp 6. This ordinance shall take effect _ days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to on this day of • published in full in a newspaper of general for 1997, at 7:00 o'clock pm., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 0-m .11 V Tj F0q1? T%TA"17 tN -, this _ day of 1997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR Wanda Sang, City Clerk I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: �� � \ \ � . TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO MAXIMUM LOT COVERAGE AND MINIMUM LANDSCAPE REQUIREMENTS WITHIN THE LIGHT INDUSTRIAL (1) ZONE DISTRICTS 1:T7fT YTE - T - CU9f1_UMTJF - THE_CTrT_UF - 1T]ff FTl )KIE COLORADO, THAT: Sgdgn 1, Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industri District (1), Subsection (11)(3), is hereby amended as follows: i H.(3) Maximum lot coverage. ?4inety (90) EIGHTY-FIVE (85) percent. (See section 26-5 for definition.) RJR` 1-1114M R IRIBUIR.1- � Im Sg_cfign 4. Srye_La_biJi1y. If any clause, sentence, paragraph, or part of 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 persons or circumstances. Sgp.lign 5. Smpmgasion Clamae., 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 of the City of Wheat Ridge, which are in existence as of the date Ordinance No. Series of 1997 1 �m of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Sggjiga 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to - on this 1997, 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 1 1997, 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 of day of 1997. SIGNED by the Mayor on this Wanda Sang, City Clerk am NOMMEREMOM am I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: "" D" INTRODUCED BY COUNCIL MEMBER Council Bill No. Lill I Wall A�A F--1V W t1i I kin W HEW Fj j ffi IT I "FuFITT COLORADO, THAT: i 1z= This section sets forth the procedural and substantive requirements which apply to the various C�0 ordinances and/or state law, where applicable, (B) Special Uses: Special uses are discretionary uses which ftre elearly shown to be void or defieie"t, i ftrett, emd if properly designed, developed, operated and maintained, may be approved for any specc location within a zone district wherein the special use is enumerated. There are two categories of special use approval: so=. NNIVIRMIZEDFAMA Applicability. The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. (2) Applicationforin and review procedures: • 1 1 R . gm•.� Ordinance No. Series of 1997 MEMO= EM (3) Criteriafor review Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: Ordinance No. Page 4 Series of 1997 In the event of a protest against such special use permit, signed by the owners of twenty (20) percent or more of the area: (a) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (b) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ri4 ge Code, Chapter 15. Ordinance No. Page 5 Series of 1997 Section 3. 5mrabilily., If any clause, sentence, paragraph, or part of 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 persons or circumstances. ilk 61MMEMIN of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. &ction 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading • a vote of - to - on this - day of 1997, 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 1997, 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 of - to -, this _ day of 1997. SIGNED by the Mayor on this day of 1 1997. I 01111MMS In, $]= i 1 ri 111vtol 1% WANDA SANG, CITY CLERK I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 G Whqu4a City Admin, Fax # 234-5924 Poke Dept, Fax # 235-2949 �Rid 5 # Suggested Motion: I move that Case No. ZOA-97-2, an amendment to Section 26-30(T)(9) of the Wheat Ridge Code of Laws relating to Commercial Mobile Radio Systems, be recommended for APPROVAL and forwarded to City Council for first reading," 4r,p RECYCLED PAPER CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS RELATING TO COMMERCIAL MOBILE RADIO FACILITIES IN THE CITY OF WHEAT RIDGE, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ASFOLLOWS: (9) The construction and use of a CIVIRS facility shall not cause interference to other adjacent CMRS facilities OR TO THE WIRELESS COMMUNICATION OPERATIONS OF THE CITY. The City of Wheat Ridge shall be held harmless if interference occurs. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect immediately Upon adoption, RE/\D ADOPTED AND ORDERED PUBLISHED on second and final reading by avote of____to____ this _______ day of ,19 . SIGNED bv the Mayor onthis day of 19--. APPROVED AS TO FDHK8 BY CITY ATTORNEY osoeaoznno*/rx -2-