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HomeMy WebLinkAbout04/02/1998• • • r ii i r w• • • r w • �r • •A s • • AGENDA �WTY-Ati-F- APRIL 2,19 98 2. ROLL CALL OF MEMBERS 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement • the agenda.) alll F11 1 •0 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) Continued A. Casc N-Q. W-Z!798-6: Application by Baptist Home Association of the Rock - to May 7, 1998 Mountains, Inc. for approval of an amendment to the Mountain Vista Retirement Village Planned Community Development (PCD) final development plan, with a setback variance, for the construction of three duplex units (6 independent living units) located at 4700 Tabor Street. Continued to B. !Case M2, -CUP-2�-J: An application from Compass Montessori School for April 16, 1998 approval of a conditional use permit to allow use of property zoned Agricultural- One and located at 10351 W. 44th Avenue as a playground area for a private school. Continued to C. -Cme N.Q. ZOA-28-3: The City of Wheat Ridge is proposing to amend Sections Apri 16, 1998 21-124(d) and 21-151(2) of the courtesy Benches and Bus Stop Shelters portion of the Wheat Ridge Code • Laws, Zoning Ordinance to include shelters in the 2 zones and to lift the 100 spacing from a house requirement. I 9. DISCUSSION ITEMS Continued to A. Body Art Regulations - City of Denver (Denver Post Article dated March 26, April 16, 1998 1998) i ! 1 I I. NEW BUSINESS d: tfstesl wp %perptslpingeomlagenda \98 -04 -02 Minutes of Meeting March 19, 1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:35 pm. on March 19, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. The following is the official set • Planning Commission minutes for the public hearing of March 19, 1998. A set • these minutes is retained both in the office • the City Clerk and in the Department • Planning and Development • the City of Wheat Ridge. 4. APPROVAL OF AGENDA It was moved by Commissioner BRINKMAN and seconded by Commissioner SHOCKLEY to approve the agenda as presented. The minutes of the March 5, 1998, Wheat Ridge Planning Commission were presented for approval. It was moved by Commissioner BRINKMAN and seconded by Commissioner DUNN to approve the minutes as submitted. Motion carried 4-0 with Commissioners GOKEY, SNOW and THEANDER absent, and Commissioner SHOCKLEY abstaining. F1 IN I , Fill 11 1 Mr. White stated that the City's Three Mile Plan is in place and that the North Plains Community Plan adopted by Jefferson County calls this area an enclave and allows residential up to 4 units per acres or the existing zoning. Planning Commission Page 2 03/19/98 plan for this road had been modified to include a portion for emergency access only. He advised that the City of Wheat Ridge is not in agreement with the plan for emergency access and noted that the annexation would include the right-of-way for West 52nd Avenue adjacent to the two ownerships and would give the City the right to control its use. Mr. White advised that the City of Wheat Ridge had provided public noticing and posting of the property as well as the required legal notices for the zoning portion of these two cases, and therefore there was jurisdiction to hear this case. He commented that Colorado statutes contain no requirement for notification of an annexation'hearing, however the public notices did include the annexation along with the zoning. Mr. White stated that at a neighborhood meeting held on February 24, the major concern o the neighborhood was the use of West 52nd Avenue. Zoning uses were discussed at this meeting and it was the consensus that A-2 would be the best zoning. He outlined the eig criteria used to evaluate a zone change and reviewed the State statutes criteria for annexation eligibility. I Mr. White stated that the City of Arvada is not opposed to the annexations if the following conditions were met: I . The City of Wheat Ridge would maintain the 52nd Avenue right-of-way for emergency access to the adjacent Arvada development and requested an additional 40 feet of right-of-way, for a total of 70 feet for a future permanent connection. 2. Future development should respect the Arvada Comprehensive Plan designation of suburban for this area. Planning Commission Page 3 03/19/98 Commi ssioner under consideration for annexation. Mr. White responded that the Beyers and the Bakers were the only property owners interested in annexation at this time. Commissioner BRIM AN asked if staff felt that Arvada's conditions were reasonable in regard to right-of-way. Mr. White responded that he didn't believe it was a reasonable request as the extra 40 feet would bring the street to the front door of the Beyers' residence. Chair THOMPSON stated that although she did not want 52nd Avenue to be a through street, she was concerned about emergency access. She asked if this was proposed to be a gated access, to which Mr. White replied it was planned to • gated and that the Fire District would have the only access to the gate. The following individuals: were sworn by Chair THOMPSON and addressed the Commission: Ron Beyer 11721 West 52nd Avenue Planning Commission Page 4 03/19/98 Steve Steigleder Deputy Fire Marshal, Arvada Fire Protection District Mr. White commented that the preliminary plan for the subdivision presently shows the cul de sac with the emergency extension as a note. In response to Mr. Beyer's comments about a 52nd Avenue connection to Ridge Road, Mr. White commented that Arvada would still require emergency access across the subject area. 1::!�'( �, — 1 - 11 NZ� aSKC* It aT .1,4fIt Te VIVIt I away with the access lane to which Mr. White replied that it would. Chair THOMPSON expressed concern about making a decision regarding right-of-w] when Arvada's plans are not completely finalized. Planning Commission Page 5 03/19/98 Mr. White noted that it is an immediate concern of the landowners that the issue be addressed now. % Commissioner COLLINS suggested using a system that will support a fire truck but allows grass • grow which would camouflage the road. Mr. Steigleder replied that the City of Arvada has implemented some of these types of access and there have been problems with maintenance; however, the District would look at any options available. Richard O'Day 5422 Ta�*(rr Street A r-wJ Chair THOMPSON asked if the requests made by Mr. O'Day would prohibit the Beyers from conducting their landscape business. Mr. O'Day replied that he was not concerned with the Beyers landscaping operation, but wanted restrictions in regard to tile storage of manure, etc. in case the property were sold. David Gonyea 5190 Simms Place Mr. Gonyea addressed the request ► the City • Arvada for an additional 40 feet of right-of- way. He stated thatbecause the road is so narrow, there is not room for 70 feet of right-of- way and that he was opposed to the emergency access Mr. Beyer returned to the podium and asked Mr. Steigleder if Station Two was an, unmanned volunteer station and, if so, how this would affect response time. He also expressed concern that a safety hazard would exist with the present right-of-way considering the close proximity of residences to the proposed fire vehicle access. Planning Commission Page 6 03/19/98 It was moved m 1. The annexations meet the State criteria for annexation eligibility. 2. They are logical extensions of the City's boundaries, 3. The annexations will allow the City to gain control of the development usage of West 52nd Avenue. 4. The annexations reduce the area of enclaves which help clarify jurisdictional service areas. With the following conditions: I . Provisions be made in the annexation agreement which prohibit the extension of 52nd Avenue to the east except for possible emergency access and that the access be reviewed upon availability • final development plan of the Arvada properties to the east, or be vacated as a main thoroughfare. It was moved to recommend to the City Council that Case Nos. WZ-98-4 and WZ-98-5, a request to approve Agricultural-Two zoning • properties located at 117721 West 52nd Avenue and 5220 Swadley Street, be approved for the following reasons: Planning Commission Page 7 03/19/98 2. It would allow the historical use of the properties to remain. I There would be no impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following condition: Delete dog kennels, catteries, veterinary hospitals and the keeping of swine and/or pot bellied pigs, from the list of permitted principal uses. 2. Delete public and private communications towers, television or radio antennas or any other similar communication receiving or sending device which does not exceed 3 )5 feet in height whether ground mounted • mounted upon a building • other structure, or water towers or above-ground reservoirs not in excess of 35 feet in height from permitted accessory uses and accessory buildings. 1111 j • 110 9. DISCUSSION AND DIRECTION ITEMS Tree ftesenatiQn QrdiLiaLice. Presentation and update by Bill Cassel, City Forester, on the adoption of the City's tree preservation and retention codes. At the direction of the City Counci I, the Arborist Board and staff have reviewed and discussed the concept of t protection, modes of operation and possible impacts ♦ developers and the community forest in Wheat Ridge. I Mr. Cassel referred to his memorandum to the Planning Commission, dated March 11, 1998, which stated that, "tree preservation would involve a decision making process to retain and preserve mature trees • any property slated for development under current city codes. Any Planning Commission Page 8 03/19/98 property requiring a building permit Would require a tree preservation plan. Trees removed from the property would need to be replaced. Tree retention would develop a plan from the developer to protect the remaining trees from construction damage." Mr. Cassel informed that any tree in a utility easement would not be included in the preservation plan in order to eliminate trees from growing under power lines. He noted that the ordinance should also contain some direction in situations where a tree is removed from a property before a development plan starts. Mr. Cassel further advised that the ordinance would require notification to the City in all cases where a utility easement would require cutting within the drip line • tree to make sure that bracing roots are not affected or that the health of the tree would not be jeopardized. Planning Commission Page 9 03/19/98 landscaping by commercial properties. taxes, rather than • the property itself, in cases of noncompliance in order for the City to receive reimbursement for its work without waiting for property to be sold. ZISIZM�! out r-Rugulnuel - # IEE•� Mr. Cassel concluded by stating the ordinance will be reviewed with planning and zoning, taken back to the Ar•orist Board and Planning Commission and then presented to City Council for final approval. Planning Commission Page 10 03/19/98 91 Commissioner SHOCKLEY moved and Commissioner BRINKMAN seconded to adjourn the meeting at 10:20 pm. The motion carried by a vote of 5-0 with Commissioners, GOKEY, SNOW and THEANDER absent. SO= Janice Thompson, Chair Planning Commission Page I I C� t� 03/19/98 CITY OF WHEAT RIDGE TO: Planning Commission DATE OF MEETING: April 2, 1998 CASE NO. & NAME: WZ-98-6/Mountain Vista ACTION REQUESTED: DATE PREPARED: March 27,1998 CASE MANAGER: M. Reckert NAME & ADDRESS OF APPLICANT(S): Mountain Vista Retirement Village 4800 Tabor Street NAME & ADDRESS OF OWNER(S): Baptist Home Assoc. Of the Rockies 5280 Vivian Street Arvada, CO 80002 -- – ----- – --- APPROXIMATE AREA: 5.46 Acres PRESENT ZONING: Planned Commercial Development PRESENT LAND USE: Nursing Home, Independent Living SURROUNDING ZONING: N: 1, S: A-1, E: PID, W: PID SURROUNDING LAND USE: N, E,: Commercial, W: Commercial, Vacant, S: 1-70 COMPREHENSIVE PLAN FOR THE AREA: Industrial DATE PUBLISHED: March 13, 1998 DATE POSTED: March 19, 1998 DATED LEGAL NOTICES SENT: March 9,1998 — – – ---------------------------------------- (X) CASE FILE & PACKET MATERIALS SLIDES (X) EXHIBITS The applicant requests approval of an amendment to the Mountain Vista Retirement Village Planned Commercial Development Plan final development plan with a setback variance. The purpose • the request is for the addition of six independent living units and carports for property located at 4700 Tabor Street (Vista Village Retirement Community). At the time of zoning and development plan approval, the outline plan allowed for a total of 40 independent living units where only 31 were in place. The applicant is requesting approval of this request to add six additional units plus coverage of some of the existing parking spaces wi carports. I Valley Water District is working with the applicant to resolve service issues. Additional main line extensions with looping may be required with appropriate easements. Additional water service lines and tap fees will be required for the new units. Public Works has reviewed and approved an amended drainage report. No public improvements will be required. The traffic division has no comments. Police Department has commented relative to crime prevention. Their comments have been forwarded to the applicant. Arvada Fire Protection District will require an additional fire hydrant in the vicinity of the new units in the southwest corner of the property. Water line looping will be required. The required side yard setback next to a street is 30'. The required front yard setback for any structure is required to be a minimum of 50'. However, if the structure is less than 35' in height and the front yard is completely landscaped, this setback can be reduced down to 30'. The property is addressed to Tabor Street and has an access from Tabor, although the main entrance for the development is from the 1-70 service road. In any event, the setback along the frontage WZ-98-6 Page 2 If the variance is not granted, the property can still be used for independent livin Alternate locations for the new units is limited because of severe slopes along the southwest, west and northwest property lines. There is an existing structure in thi location with a non-conforming setback. 2. Is the plight of the owner due to unique circumstances? Circumstances are somewhat unique because of the severe slopes on the property. 3. If the variation were granted, would it alter the essential character of the locality? In 1987, the 1-70 frontage was realigned and reconstructed adjacent to Vista Village on the south and west sides. No additional right-of-way'was obtained from Vista Village although there was a permanent slope easement dedicated to the City. This slope easement is located opposite • the intersection of Tabor Street with the frontage road. It is located to the west of the buildings where variances are needed. WZ-98-6 Page 3 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? There is somewhat of a hardship because of slopes on the property and the excessive right-of-way on the south. There are alternatives available such as not providing cove parking and shifting the easterly building to the northwest, thus reducing the amount o variance required. I 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? AF V circumstances are made. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property 7. Has the alleged difficulty or hardship been created by any person presently havirn- an interest in the property I The hardship has been self-imposed. Alternatives available include not having covered parking in this area and shifting the building on the east 10' to the northwest, reducing the amount of variance needed from 22'to 12'. Would the granting of the variations be detrimental to the public welfare or injurious ► other property or improvements in the neighborhood in which the property is located? MWOM 1#11FOW'S40 W I IF III! 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. 011 WZ-98-6 Page 4 hydrant in this vicinity. It is impossible for staff to ascertain whether there will be a negative affect on property values in the neighborhood. The benefit of the new units is additional affordable housing for elderly persons in the area regardless of whether or not the variance is granted. To Staff s knowledge, approval of the variance would not result in an accommodation to persons with a disability • III 11 l l;p� EMM= If the proposed amendment is approved, building coverage will be 37%, hard surfaced coverage will be 28% and landscaped coverage will be 34%. These figures are consistent with the underlying outline development plan. WZ-98-6 Page 5 All requirements for a Planned Commercial Development final development plan have been met. In regard to the amendment to the final development plan, staff concludes the proposal is all anui� tj,aj eouiei 1i foi a JC DI K I I I IM 114 11 I LI 116 tri %WoROPOW IN U L% M JU* V*+',1 I - Additional guest parking spaces be procured elsewhere on the site. 2. A pedestrian connection be made between the southern and northern portions • the site. carport structures • eliminated. 2. The duplex structure be shifted as far northwest as possible (up to 10')." Option B:"I move that the request for approval of a setback variance next right-of-way for property located at 4700 Tabor Street be DENIED for the following reasons: 1. 2. 3• WZ-98-6 Page 6 Y i PARK Pi D AS RP MORTH v, av `� a w 1 aM vv ,ava r wa v y , y SiT :a x t t r � i t ; t t 1 Flt - "Tb - Ills e to ,,.•� t ° t t t Fit - ice 9 R I F I # I t t 1 , t d t i ce. P P t P l r 1 to I t 'P rtP P !w 1t It t, r r t 1I t t t•� t ;r RI Pr A - --2 t 1 .'"',. j fs tr { 1 t . . .. # � •� i It 4 P t _ ---- t t r i"t� r 1 4:5 1 BAPTIST HOME ASSOCIATION OF THE ROCKY MOUNTAINS, INC. 5280 Vivian Street - Arvada, Colorado 80002-1923 # (303) 424-5589 Dear Ms. Reckert: There are several reasons why I feel this request should be considered: 3) 1 am concerned that moving the new structure further North or West from where planned will necessitate removal of several long standing trees, both soft and hardwood. The immediate area needs to retain as much of this established growth as possible; as protection from hillside erosion, to dampening the noise level coming from the highway, and to continue the beautification of Vista Village. Division of American Baptist Homes of the Midwest Eden Prairie, Minnesota on Baptist Home Association and I thank for your time and consideration in this matter. If there is anything else we can provide to facilitate this request, please let me know. <PC> rev. w 6-JeW191 \A' MOUNTAIN VISTA RETIREMENT VILLAGE - -*IM FINAL DEVELOPMENT PLAN AND PLAT -im I"ICATION DITCats w.cm coms v�. *or A REPLAT OF LOTS 18, 19, 20 & 21 OF LEES SUBDIVISION IN THE NE 1/4 OF SECTION 20 AND THE SE 1/4 OF SECTION 17 IRE CORptrl TMAT BAS 3ttS tSTX:1L.SXtD - 11 ICU4R p rVIOUS it "to TIT. TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6th PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Il'i ­0 ct.,.� -Qc OF zo p ERASES OF IMISTP11CIMS, PAR ACOrS V . StfoO VITA TIN L Gr -OC "X ZT. cm1w"T C imms, crm:. mn:�CVT, SHMT I OF 6 fix$ PA041cl PROPOSES TIN COTSTRUCTIOT 07 A 1:01 QUAL;yy. - ASO I TICTUNALLY COORDISAIMP. 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F',allm scom .-1 11,1" 31 11,tse-m 9XIM Un zt 000-12.4►to -s 0 0 l44j"-72% 'AAKINQ Ow I olDim MUSIC 6.14 1 10' 41010-3.% cisov. 0mcca WT a wItIrm slow 0.0E u.210 Is It'llo.$44 07.411-11% 1-na wr 1 C czw I.Is cs A*• lt,"*-tort 14.400 ^4tY 11.42#°11% Lm A loaartmoor $'.A 41.0" it- M.06-iss 01,000-10 *s 14.073 -1o0 1C, 414 -10% ARCXITICT: tASCI WEIS & ASSOCIATES. P.C. 1201 T ITS STREET SUITS 200 Dllyl R - COLORADO $0202 EtGI VEER: INNS t *SSOCTAT13, 11C. 5691 TVIOS STREET SUITE C ASYADA, COLORADO 80002 ACCX7Tt0 FOR ?ILIIC IN TITS CfYICX Or TKA: COUNTY CLARK AND Azccpztlk or .;tm-xsc.4 C AT COL-M, COLORADO OR 0* TITS 'n=aY OF '5. ... . t A Go R� I* i o q 1 '. 1 1 4 R M* U O - Z 0 10 RECTORENEHY WOLLAGE c:) FUH&L DEWELOPKEHY PLL%H SE CORNER AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE SECTION 17, l3s ft9w 0 BEING A PORTION OF LEES SUBDIVISION IN THE NE 1/4 OF SECTION 20 AND THE SE 1/4 OF SECTION 17, TOWNSHIP 3 SOUTH, 40 0 20 40 so RANGE 69 WEST OF THE 6th PRINCIPLE MERIDIAN, CITY OF MEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO UNC JECYACk 17 SOO'16 00 990� 58' !HEAT RM 0400SMAL PARK Al 00CINAL SCALL I'-44T — --370.74' - — - — — --T — — — 1985f 1, 3Z k EXISTING DETENTION T"F pRoposm R-A4' OZ.44* POND ASS)STW CRASSM ARCA 41ww OWRROW PARMING twrs "Sw -.t Z? (.'% I X 11: w7rNnov POAV 'A LOT 9 OK Cc-s�.-E- Zc 01 X�Pw'l 01 c' 0 0 ?0' -,4 T 301,0C Z Or IFY RON COLORADO It OCPAATWRT LOT 6 WSTA 411AU' toc %Eca*+ '7 Al CATS 17)VC &DfRz r HOuSwC C PROPOSE49 BUILDI)VG AD91770N t _%tW1 LOT 2 LOT a m tJt 2J7 4 e 1 SIN49soms, —�',-A Y j J, W� "OIL t ow W 00'3 '1 T' rcm POW 1 21— Noo'm' 6"41 PoNo T 20,0 4, '4' COLORADO 'z ktl�HWAY cr C LIN IC DCPARTwc#4T ""V 'E C CKIIC.O�Wl Qp C 40 1.4 EH:--� S]W'VttS z Ilt , r 24.5 SOW 1 - ::7 LOT 1 31 42' 12.1 N0015,51-w 4$th A R-15' 575,02* A-89*32 7A8CP •mar tAXEWONI C04" %60tA$lON SHUT 2 OF 6 PID 9 MKOW on I iJ rokoo MAU SET O• ojwjs I I I — t— — —t400'lv51*w 02' is* --- — — � I i� " DMICAUM Ti1BGiR S' MOUNTAIN VISTA RETIREMENT VILLAGE lo FINAL PLAT A REPLAT OF LOTS 18, 19, 20 & 21 OF LEE'S SUBDAAS40N IN THE NE 1/4 OF SECTION 20 AND THE SE 1/4 OF SEC11ON 17, TOWNSHIP 3 SOUTH. RANGE 69 WEST, OF THE 6th PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO imm"T Mw 8009111w vom ow " salocmt 4/4 = 0 — 411,32' $0016'00 -- T - 11,00' I t ot-Moo L,0T 1 L. G e LOT 4 237,610 SF 5.455 Ac 2V " took WADSWOAM (XT04 CrkTOWD ON EWSIUC 01rCH ;ZNO PRESENT ZONING: Agricultural -One PRESENT LAND USE: Single Family Residential � c DATED LEGAL NOTICES SENT: __ AGENCY CHECKLIST: March 13, 1998 RELATED CORRESPONDENCE: ( } (XX) NONE ENTER INTO RECORD: ( ) COMPREHENSIVE FLAN (XX) CASE FILE & PACKET MATERIALS i70 - r - ITITI T } SUBDIVISION REGULATIONS () OTHER JURISDICTION. The property is within the City of Wheat Ridge, and all notification and posting requirements have been met. Therefore, there is jurisdiction to hear this case. The applicant is requesting approval • a Conditional Use Permit to allow for the development of a children's playground ♦ property zoned Agricultural-One. The playground will • used by the Compass-Montessori School which will be occupying the existing Garramone Market building to the west of said property. The school is in the preliminary planning stages and is scheduled to open in June, 19•• . Staff has been informed that the Compass Montessori School would like to purchase said property an expand the school uses in,the future. Staff would like to note that future use of said property for scho purses wul• require anther citinal use rmit • r a change • f zne t at minimum Restricte- Commercial ne. • po • d • • ond • pe o o • o • O 11 SITE PLAN The applicant has submitted a site plan proposal which shows the scope'of the work requested by the conditional use permit. The Montessori School will offer studies for ages 3-12 years (preschool-6 grade) and therefore the playground is designed to support activities for children of different ages. As the site plan shows, the playground will be located in the rear of the property, extending from just north of the existing detached garage to within 18' from the northern property line and 20' from the eastern property line. The playground will extend west to abut the Montessori School building (existing Garramone Market). There won't be any new structures proposed for the playground. However, there will • concrete plaza pathways and an asphalt play area. The rest of the site will consist of an irrigated play field, deep sand or pea gravel play pit and landscape planters. I Access to the play areas will be from the Montessori School grounds along the west side of the playground. A neighborhood meeting was held on Wednesday February 18, in the second floor conference room of the Wheat Ridge City Hall. Neighbor's from the adjoining Ptarmegin Apartments were present and were in support of the request. ­tTi a — dUt - tio — n — ol' - th - e - p - Fayg — round should not have a detrimental effect on the neighborhood in that this is intended to be an accessory use for the Montessori School and adequate parking will be supplied on the adjacent site. Also, because the playground will be used by daytime school children, there should not be any detrimental effects of light or noise following normal school hours. 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. The addition of the playground will not affect the adequate light and air or cause any type of pollution for the adjacent properties because the playground will retain a more than adequate setback from adjacent property lines and there aren't any structures proposed for the site. Also, because there is an existintV 6' cedar fence located on the %erimeter of the site- sta!T-' Otw"( *f the playground. The Wheat Ridge Master Plan designates desirable land use as high-density residential * Staff concludes a private school would be incompatible with the desired land use. However, because the proposed use for this site is an accessory use for a permitted pri ' ncipal use, and the applicant is not proposing to construct any permanent structures, staff believes the playground would be consistent and compatible with the existing surrounding land uses, 4. Will not resu 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. The proposed playground will not result in undue traffic congestion, traffic hazards or unsafe parking, loading and service because this use is an accessory use for the Montessori School, which is a use by right in the Restricted-Commercial zone district. Parking, loading and internal traffic will all be ill I III in 112: • 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. I." The playground will • designed to be in harmony and compatible with the character of ti surrounding areas and neighborhood. The applicants are proposing to utilize much of the existing character and infrastructure of the existing Garramone Market. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. e 47rcilipfritn"T" i overu n paFK are p other public facilities will be serviced by outside agencies. I I I I I � I I 1111ol tollwominglau"Fluil 4 VII RECOMMENDED MOTIONS Option A: "I move that case no. CUP -98 -1, a request for approval of a Conditional Use Permit for a Montessori School playground at 10351 West 44"' Avenue, be APPROVED for the following reasons: I - The criteria used to evaluate a Conditional Use Permit supports approval of the request; and 2. Staff recommends approval. With the following condition: completed Building and Dumping / Landfill permit be applied for prior to construction.." 1 . 2. Y' + DEN OTES TI PL AD DRESSES rsrrrr V�Y 93 ISM3 I A, L# " Lei 3 1 1 L SUBJECT: Montessori School Playground/Parking Lot Addition, 10351 West 4& Avenue - CUP-98-1 WM i r above referenced site, and has the following comments: 1. We will need a letter, in conformance with City drainage criteria, that amends the final drainage report approved by the City on April 29,1986, and reflects the proposed onsite modifications. A drainage & grading plan will also need • be submitted in conjunction with this letter. 2. The proposed use is going to require that the City's standard section of curb, gutter and sidewalk (4-foot wide)be installed for the entire property frontage along Miller Street. In addition, asphalt paving may be required to match these new improvements to the existing asphalt surface. Finally, engineered plan and profile construction drawings for these public improvements will need to be submitted for review and approval. 3. We will need a completed Dumping/Landfill Permit. In conjunction with the requirements of this permit, an erosion control plan may need to be submitted for review and approval. It the project's consulting engineer), of those public improvements required to be constructed per item 2 above. 8. The driveway fronting West 40 Avenue will need to be closed off due to the close proximity to the Miller Street intersection and the crosswalk, West Avenue is currently not equipped with a left turn lane to accommodate this access. In addition, keeping this access in use will create a traffic hazard condition due to excessive turning movements within this short spacing distance. 9. Miller Street will need to be striped with a dedicated left turn bay so that unnecessary delay can be minimized for drivers wanting • turn on to West 44 Avenue. The access closure and the proposed striping will help the intersection operate more efficiently and safely. Please not that approximately four parking spaces can be gained from the access closure requested. VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 FAX 424-0828 City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Attn: Sean McCartney w M"Iff ! If you have any questions, please feel free to contact me at 303-424-9661. Sincerely, Robert Arnold District Manager c ! k 750 2 9 t h «X WbW iti CO 8021 # t X « As is f te Wm p lt ow o f L 2 G manon t # fls C ompan M Property. Compm watmoi is under contract to M Vh4N the 4dj*l*g 14t 1. for the APPI0099 Uses in this i1eighborhood. tr Sincerely, ") J/4 W� kalt RECEPTION NO. FOZ5 4 6.00 Pt 000 1-.001 °14 RECORDED IN aEF E COUNTY, COLORADO 6/14/96 1 Vi e c whose lepi address is 1Q3 1 MSt 4 A A.%. Atrrenue " heats dqe, coloradc 80033 an d ` tc of Colorado, grantee(s), oltho 'County or Jefferson (to t ttentar -r fee required pursuant to C.R.S. Section 39--13 - 102 ( ) (a)) . ss. County of 4/NZ The fotrgo ng instrument was acknowledged befuts: me, this day of by Richard Louis Gar aatone and Kathleen Marie Garramone f } , 1996 Witness my hand and otTiciat seat.. a � � INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1998 BE IT 013CAIIIED 13' • F11CIL • TAE CITTOF VTAEAT MIDGE, COLORADO, THAT: 5gplign 1: Chapter 2 1, Article IV, Section 21-124(e) and Section 21-15 1 of the Code • Laws of the City • Wheat Ridge, Colorado, concerning courtesy bus stop shelters are amended as follows: IEEE= (e) Benches without advertising. For every five (5) benches allowed with advertising, each bench company shall provide one bench without advertising in a zone other than those listed above. The city specifically finds that exclusion"Of benches containing advertising from R-+, R- I A, • I B, R- I C, R--2-, i• zone districts within the city is necessary • preserve the aesthetic character and integrity of the predominantly single-family residential homes and neighborhoods established therein. j # tol nrw lut Ax" # 9 m # # pt I I a $I# I The city may provide for the erection • bus stop shelters directly by the city, by contract, agreement, or otherwise. All such bus stop shelters shall be constructed in compliance with the requirements of the Americans With Disabilities Act, If erected by contract • agreement with a private company, the terms of such contract or agreement shall govern the placement of such shelters; provided, however, that all such shelters shall comply with the following requirements of this article IV (wherein all references to "courtesy benches" shal I be deemed by this reference to include "bus stop shelters"): Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws 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. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to on this day of , 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage s for 1•98, at 7:00 o'clock pm., 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 1998. SIGNED • the Mayor • this day of 1998. 11 ikwwqu*m 0 Ini =11 c:\p1anning\form\ord.frrn