HomeMy WebLinkAbout05/15/2003TO: Planning Commission
FROM: Alan White, Community Development Director OA
I
DATE: May
• 2003
At your previous training session it was decided that periodic training sessions throughout the year
would
► helpful. I thought one would • appropriate prior to the May 15 Ih regular meeting.
The training session will be held at 6:00 on Thursday, May 15 Ih in the second floor conference
room. Dinner will be provided.
IMI in
1. Scope of Planning Commission's Authority
a. Rezoning
b. Planned Development
c. Subdivision
d. Variances and Waivers
ZM3=
13
•
2. ROLL CALL
Commission Members Present:
Staff Members Present;
5. APPROVE MINUTES
It was moved by Commissioner DAVIS and seconded by Commissioner BERRY to
approve 00 motion
McNAMEE,'PLtMMER and WITT absent.
6 PUBLIC FORUM
o one indicated •
Planning Commission Page 3
May 1, 2003
A. Case No. MS-02-04, icontinued from April 17, IM: An application filed by Daniel
and Diane Brauer for approval of a two-lot minor subdivision plat including a 6-foot
variance to the 75-foot lot width requirement in the R-2 zone district, resulting in a lot
width of 69 feet on property zoned Commercial-One, Residential-Two and Residential-
Three and located at 6375 West 44 Avenue.
In response to a question from Commissioner McMILLIN, Mr. Crane explained that the city is
only interested in purchasing the residentially zoned portion of the property (lot 2) for use as a
park.
Commissioner BERRY asked if lot 2 was under contract with the city, Mr. Crane stated that
negotiations with the applicant and Jefferson County Open Space have been in process for
some time.
Vice Chair WEISZ asked if there were others present who wished to address this matter. There
RIUMHUMNSM
It was moved by Commissioner DAVIS and seconded by Commissioner BERRY to
approve Case No. MS-02-04, a request for a two -lot subdivision located at 6375 West 44
Avenue, for the following reasons:
1. The plat meets all requirements of a final plat.
2. All requirements of the one districts will be met.
Vaj_e -2
There was discussion about conducting joint meetings between the City Council and
Planning Commission. Commissioner BERRY commented that she knows of other
jurisdictions that provide an annual recap of action taken by city council on planning
Planning Commission Page 3
May 1, 2003
The applicant for Case No. WZ-03-04 addressed the Commission to state that he was
unaware his case had been continued and expressed concern about the timeline to meet his
closing date. Alan White apologized and assured the applicant that, even with continuance
• the case, the timing of first and second readings of the ordinance would still enable him
to meet his deadlines.
9. NEW BUSINESS
There was no new business to come before the Commission.
•
Planning Commission Page 4
May 1, 2003
CASE NO. & NAME: WZ-03-04 / Family Dollar CASE MANAGER: Mary Austin
• � 1 SEEM= EM032=
PRESENT ZONING: R-C, Restricted Commercial
PRESENT LAND USE: Vacant building, Previously an insurance claim center
SURROUNDING ZONING:
AN tjtkslvaljlz���
COMPREHENSIVE PLAN
DATE PUBLISHED: April 17, 2003
DATE POSTED: April 30, 200
DATED LEGAL NOTICES SENT: April 17, 2003
0 RECORD
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE (X) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER I
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. I
The required neighborhood meeting was held on December 3, 2002, A copy of the meeting
summary and the sign-in sheet (Exhibit 1) are included with this report.
The property being developed is approximately .617 acres in size (26,870 sq. ft.). The property
has frontage on both W. 44' Ave. and Ingalls St. The property is currently zoned R-C,
Restricted Commercial. (Exhibit 2, Zoning Map)
The list of allowed uses on the Outline Development Plan closely mirrors the R-C district. Some
of the potentially incompatible non-retail uses (such as residential, ambulance service, and
exterminator) have been eliminated from the list. The list reflects those uses that are primarily
professional, service, or retail oriented.
in estaln I
account the current developed site situation. The minimum landscaped area is established at 12%
of the total site. The applicant has provided additional landscaping, as reasonably feasible, along
Ingalls St. and near the comer of W 44' Ave,
Staff has the following comments regarding the criteria used to evaluate a zone change request.
1. That the existing zone classification currently recorded on the official zoning maps of
the City of Wheat Ridge is an error.
The property is currently zoned R-C, Restricted Commercial. There is no mistake on the
zoning map.
2. That a change in the character in the area has occurred due to installation of publi
facilities, other zone changes, new growth trends, deterioration or development
transitions.
The Comprehensive Plan Future Land Use Map designates the property as NR '
Neighborhood Serving Retail. The property is planned to be used for a Family Dollar retail
store which would be considered as being consistent with this designation.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
Planning Commission Page 3
WZ-03-041Family Dollar
There could be economic benefits to the City with the retail sales tax collected from the
proposed Family Dollar store. The retail store will provide increased revenue as compared to
the previous use of the site for an insurance claims office. An additional site enhancement
involves the new landscaping along Ingalls Street and at the comer of W. 44" Avenue.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed
by the change of zone, or that the applicant will upgrade and provide such where they
do not exist or are under capacity.
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
The PCD zoning as proposed is consistent with the commercial zoning patte�m and uses
along W. 44' Avenue and Harlan Street.
As part of the rezoning to PCD, Planned Commercial Development, the applicant is requesting
approval of a Final Development Plan for the site.
The proposed use ot the site Tor a Famrry =ar retan vaneTy s
uses established with this zoning. The regulations disallow outdoor storage, outside display and
drive-up facilities.
4mit4iRg
An 8,000 square foot building is already in existence on the site. The total building coverage "o
I roximatel. 30%. The minimum setbacks established with this PCD zoning coincil
with the current building position so that a non-conformity is not created.
Planning Commission Page 4
W7- X13 -04/ amity Dollar
Building elevations are shown on sheet 2 of the Final Development Plan. The height of the
building at 15 feet is well within the 50 foot limitation established with the PCD zoning. The
building will be repainted in gray and white with a red accent stripe. There are two overhead
the front of the building.
The proposed zoning establishes parking requirements by referencing Section 26-501, Off-Street
Parking Requirements of the City's code. Based on the size of the business, 36 parking spaces
are required. A total of 39 spaces are being provided, including 2 handicap accessible. This
exceeds the City's parking code requirement. All parking spaces are full-size.
Based on the street frontage along W. 44 Ave., and Ingalls St. today's standards would require a
total of I I street trees. Currently the property has no street trees. Due to existing site conditions,
it is not possible to provide street trees along W 44" Ave. The applicant is improving the current
street tree situation by adding five street trees - along Ingalls St.
Fencin
There is currently a solid cedar fence in place along the south property line to screen the adjace
residential. Additional fencing is proposed for the east end of the rear parking area in order to
buffer the property to the east. The applicant plans a steel picket fence along the eastern prop 'I
\
/
Planning Conunission Page 5
WZ-03-04/Family Dollar
line.
Si rya e
Sign regulations for the site are established on the Outline Plan. These regulations refer to Article
VII, Sign Code.
L!gkt�in
J. e oiment Plan. The regulation
lations for the site are established on the Outline Dev
��g
iiME-Imm"IM01 • . IN
lougomnalu M M I iii 111 1111 i
Outdoor lighting for the site is limited to the existing wall lighting as currently mounted on the
building. A note on the plan verifies that all exterior lighting fixtures shall be shielded and all
light must fall within property boundaries.
All outside service agencies will serve the property when developed. Wheat Ridge Fire District
will serve the property.
No dedication of right-of-way is required for either of the street frontages. Public improvemen
along W. 44 are already in place. City staff has worked with the applicant to define site
access by using a curb contained landscaped area along Ingalls Street.
Planning Commission Page 6
W- 03- 04/Family Dollar
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ-03-04, a request for approval of a zone change from R-
Restricted Commercial to PCD, Planned Commercial Development and approval of an outline
and final development plan for property located at 6090 W 44"' Avenue, be APPROVED for t
following reasons:
With the following condition:
I The wall sign as proposed on the Final Development Plan be reduced to a
maximum of 69 square feet in size to comply with the City's sign code,
Qpjjon B.- "I move that Case No. WZ-03-04, a request for approval of a zone change from R-C,
Restricted Commercial to PCD, Planned Commercial Development and approval of an outline
and final development plan for property located at 6090 W 44 Avenue, be DENIED for the
following reasons:
1.
2.
Planning Conunission Page 7
WZ-03-041Family Dollar
7500 West 29' Avenue
Wheat Ridge, Colorado 80215
Telephone (303)235-2846
Fax (303)235-2857
Date: December 3, 2002
City Staff Present: Michael Pesicka
City of
Wheat Ridge
11
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Property Address: 6090 W. 44' Avenue
Property Owner: Heinz Hartner/State Farm Ins. Property Owner Present? No
Applicant: Steve Ceronsky representing Family Dollar Stores Inc,
1111k �ii - 111111 111� 1 11 11:1 1� 1 111 111111 1 1
Existing use/site conditions: Department/ Variety Store
Issues discussed: Concern regarding screening of the parking lot to adjacent residences. Hours
operation, Applicant stated 8am to I Opin. Truck delivery hours, Will the building be enlarged.
Where will the entrances to the building be located. I
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"A tract of .` d located 4 of o
T3S, R69W, of the 6th PM, City of Wheat Ridge,
County of Jefferson, State of Colorado"
VICINITY MA
1" =2000' NORTH
i r
LOT 6, EXCEPT THE EAST 150 FEET OF SAID LOT, AND LOT 9,
KAREN SUBDIVISION, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
- Surveyor's Certifica
1, Robert A. Rickard, do hereby certify that the boundary information
shown on this Outline Development Plan is from public record
information only, as recorded at Book 6, Page 48, in the official
records in the County of Jefferson, State of Colorado; and that no
boundary survey was conducted or property corners were set as part of
this Plan preparation. This Plan does not conform to C.R.S. 38- -51 -107
or any other applicable State Standard for Land Survey Plats.
(Surveyor's Seal)
PROJF. CT TO BE COMPLETED WITHIN SIX MONTHS OF APPROVAL DATE.
NO PORTION OF THE PROPERTY IS LOCATED WITHIN THE 100 -YEAR FLOOD PLAIN.
`
THW PROPERTY IS A SINGLE USE FACILITY -OWNED AND MAINTAINED
BY A SINGLE ENTITY.
` M • r 11
Item
PCD
2. Antique Stores
Maximu Buildi Coverage
4 0% building coverage
4. Art Galleries or Studios
M inimum 12%
5. Bakeries, Retail
_ Landscaping
Maximum He qht
50 feet
_ - -_
Maximum Lot S
No limi tation provided all
other requirements met
_
Maxi Lot Width
No limitation rovided all
other requiremen #s met
_
Minimum Setbacks -
Front ........................
Side - . . . . . -
Rear _ .... ......... ........ ._
42 feet (existing)
5 feet per story except a zero setback may be permitted where
structures are constructed of masonry or nonflammable material in
accordance with The Uniform Bldg. Code (2 feet existing) if
adjacent to street Right --of -Way, min. setback of 28 feet.
10 feet
Light-in Ught
Refer to S ection 26 - 503
of The Wheat Ride Code of laws
PorkiQg _ - -
As approved on the Final
Refer to Section 26 -50
Development Plan or
of The Wh eat Ride Code of laws
Architect
As approved on the Final
Developme Plan
Si na a
Refer to Article VII of the
Wheat Ride Code of
_
Fen and Sight Distance Triangle
Refer to Sectio 26 -603
_ Laws
of the Wheat Ridge Code of Laws
Outside Storage
Not P ermitted
Outside Dis f� of - Mercha
Not Permitted
20. Floral Shops
Dr -Up Window Facilities
Not Permitted
CASE HISTORY
WZ-- -03 -04
1. Animal Veterinary Hospitals or Clinics (no outside pens or runs, no cremation)
2. Antique Stores
3. Apparel and Accessory Stores
4. Art Galleries or Studios
5. Bakeries, Retail
6. Banks, Loan and Finance Offices
7. Bicycle Stores
8. Blueprinting, Photostatic Copying and Other Similar Reproduction Services
9. Book Stores, Newsstands, Stationery and Card Stores
10. Business Machine or Computer Stores
11. Butcher Shops and Food Lockers
12. Camera and Photographic Service and Supply Stores
13. Candy, Nut and Confectionery Stores
14. Caterers
15. Clinics and Offices for the Counseling and Treatment of Psycological, Social, Marital,
Developmental or Similar Conditions (excludes
residential facilities)
16. Dairy Products Stores
17. Drug Stores
18. Eating Establishments, Sit Down
19. Equipment Rental Agencies
20. Floral Shops
21. Furniture Stores
22. Garden Supply Stores
23. Gift, Novelty or Souvenir Stores
24. Governmental and Quosi- Governmental Buildings and Offices, Fire Stations or Public
Utility Buildings
25. Grocery or Convenience Stores, No Gasoline Pumps
26. Hair, Nail and Cosmetic Services
27. Hardware Stores
28. Hobby and Croft Stores
29. Home Furnishing Stores
30. Home Improvement Supply Stores
31. Interior Decorating Shops
32. Jewelry Stores
33. Laundry and Dry Cleaning Pick -Up Stations
34. Leather Goods and Luggage Stores
35. Locksmith Shops
36. Meat, Poultry or Seafood Stores
37. Medical and Dental Offices or Clinics
38. Music Stores
39. Newsstands
40. Office Supply Stores
41. Offices: General Administrative, Business and Professional Offices
42. Optical Stores
43. Point and Wallpaper Stores
44, Pet Stores
45. Pharmacies
46. Picture Framing Shops
47. Shoe Repair and Sales Shops
48. Sporting Goods Stores
49, Studio for Professional Work or Teaching of Fine Arts, Photography, Music, Drama or Dance
50. Tailor, Dressmaking or Clothing Alteration Shops
51. Television, Radio, Small Appliance or Computer Repair and Service Shops
52. Tobacco Stores
53. Toy Stores
54. Variety Stores
55, Video Rentals
56. Watch and Jewelry Repair Shops
57. Similar Uses as Determined by the Director of Community Development Pursuant to
Section 26 -307 of the Wheat Ridge Code of Laws.
I � T
The project is an existing building of approximately 8,000 square feet on approximately
one -half acre of improved land located at the southeast corner of West 44th Avenue and
Ingalls Street. The property is currently zoned R -C. The current zoning restricts the
allowable building area permitted for the proposed use to a maximum of 5,000, square feet,
which would not allow full utilization of the existing building area. The proposed re-use of
the building is consistent with the City of Wheat Ridge C -1 zoning, permitting a single
variety retail tenant. The current tenant is vacating the premises and the rezoning is
required to allow the proposed tenant to occupy the entire building.
The proposed changes to the existing building include replacing the existing overhead doors
facing West 44th Avenue with masonry and storefront to match the existing building,
repainting the exterior of the building, replacing the site signage, a building sign and
remodeling the interior space to the new tenant's requirements. The proposed changes to
the site include revising the parking layout to address the city engineering department's
concerns regarding the current access and circulation, adding landscaping along Ingalls
Street to restrict vehicular access and adding landscape areas at the corner adjacent to
the intersection of Ingalls Street and West 44th Avenue. The improvements will be
performed in a single phase upon approval of the Final Development Plan.
The proposed rezoning and improvements will
tax that will benefit the community.
renew the property and generate retail sales
Owner's Certificate
The below signed owner(s), or legally designated agent(s)
thereof, do hereby agree that the property legally described
hereon will be developed as a Planned Development in
accordance with the uses, restrictions and conditions
contained in this plan, and as may otherwise be required by
low. I (we) further recognize that the approval of a rezoning to
Planned Development, and approval of this final development
plan, does not create a vested property right. Vested property
rights may only arise and accrue pursuant to the provisions of
Section 26 -121 of the Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
State of Colorado )
)SS
County of Jefferson )
The foregoing instrument was acknowledged before me this
Day of , A.D. 20 by
Witness my hand and official seal. My commission expires:
Notary Public
Recommended for approval this day of
by the Wheat Ridge Planning Commission.
Chairperson
Approved this day of by the
Wheat Ridge City Council.
City Clerk Mayor
Director of Community Development
Director of Public Works
State of Colorado }
)SS
County of Jefferson }
I hereby certify that this plan was filed in the office of
the County Clerk and Recorder of Jefferson County at
Golden, Colorado, at O'Clock M, on the
- of A.D., in
Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
i
I9:11IM4117
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- '
"A tract of land located in the SW 1/4 of Section 24,
s' a• 9 r. P City of Wh e at r ""
C ounty of i>f of f f udR
Area of existing sidewalk
to be dedicated to The City
by separate instrument.
EXISTING SIGN
TO REMAIN
PLANTERS IN
6" CONC CURB
LANDSCAPE AREAS: 3,262 SQUARE FEET (12% TOTAL)
PARING REQUIRED:
RETAIL AREA - 6,000 SQUARE FEET 1 200 SF PER SPACE 30
STOCK AREA - 2,000 SQUARE FEET / 600 SF PER SPACE 3_3
TOTAL REQUIRED SPACES 34
STANDARD SPACES:
HANDICAP SPACES:
TOTAL SPACES PROVIDED:
w
EXISTING BUILDING HEIGHT:
15 FEET
Mm
PAINTED ARROW
(TYPICAL)
"NO LEFT TURN"
SIGN ON METAL
POST
I J 4
o'
z
10 -SAVIN JUNIPERS
(JUNIPERUS SABINA CVS.)
"NO LEFT TURN
SIGN ON METAL
POST
i
i„
N
r
=r
i P-
HANDICAPPED PARKING
SIGN MOUNTED TO
BUILDING (2 PLCS.)
EXISTING WOOD
FENCE
EXISTING PARKING
STRIPE TO REMAIN -� w
0
0
N89 °58'23 "E
r j 00—'
EXIST RKI G STRIPE
TO BE R VED (TYP)
NEW PROPOSED PARKING a
STRIPE (TYP)
8' -66{" `y
�T pf
HC HC 00
r / L
5 -SAVIN JUNIPERS
(JUNIPERUS SABINA CVS.)
EXISTING
DRAINAGE
SWALE Z
EXISTING GREASE
INTERCEPTOR
EXISTING LANDSCAPE TO REMAIN
(LARGE JUNIPER SHRU AND
S89- 58'23 "W DECIDUOUS SHRUBS)
— 150
NOTE:
ALL PLANTER AREAS TO HAVE GRAVEL
MULCH & DRIP IRRIGATION.
1520111 l
i
a
i R
EXISTING WOOD
FENCE
LAN SITE /
•
NEW WOOD
FENCE
�N
10
LAXE RHDDE
/-SITE
VICINITY MAP_,
1„ =2000' NORTH
LOT 6, EXCEPT THE EAST 150 FEET OF SAID LOT, AND LOT 9,
KAREN SUBDIVISION, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
- SurveyOr'S Certific
I, Robert A. Rickard, do hereby certify that the boundary information
shown on this Outline Development Plan is from public record
information only, as recorded at Book 6, Page 48, in the official
records in the County of Jefferson, State of Colorado; and that no
boundary =survey was conducted or property corners were set as part of
this Plan preparation. This Plan does not conform to C.R.S. 38 -51 -107
or any other applicable State Standard for Land Survey Plats.
(Surveyor's Seal)
CASE H I S_i__O RY
WZ- 03--04
"A tract of land located in the SW 1/4 of Section 24.
T3S, R69W, of the 6th PM, Citv of Wheat Ridge,
County of Jefferson, State of Colorado"
The project is an existing building of approximately 8,000 square feet on approximately
one —half acre of improved land located at the southeast corner of West 44th Avenue and
Ingalls Street. The property is currently zoned R —C. The current zoning restricts the
allowable building area permitted for the proposed use to a maximum of 5,000 square feet,
which would not allow full utilization of the existing building area. The proposed re —use of
the building is consistent with the City of Wheat Ridge C -1 zoning, permitting a single
variety retail tenant. The current tenant is vacating the premises and the rezoning is
required to allow the proposed tenant to occupy the entire building.
The proposed changes to the existing building include replacing the existing overhead doors
facing West 44th Avenue with masonry and storefront to match the existing building,
repainting the exterior of the building, replacing the site signage, a building sign and
remodeling the interior space to the new tenant's requirements. The proposed changes to
the site include revising the parking layout to address the city engineering department's
concerns regarding the current access and circulation, adding landscaping along Ingalls
Street to restrict vehicular access and adding landscape areas at the corner adjacent to
the intersection of Ingalls Street and West 44th Avenue. The improvements will be
performed in a single phase upon approval of the Final Development Plan.
The proposed rezoning and improvements will renew the property and generate retail sales
tax that will benefit the community.
PROJECT TO BE COMPLETED WITHIN SIX MONTHS OF APPROVAL DATE.
TOTAL REQUIRED SPACES 36
PARKING PROVIDED
STANDARD SPACES: 37
HANDICAP SPACES: 2
TOTAL SPACES PROVIDED: 39
MAXIMUM BUILDING HEIGHT: 50 FEET
Owner's Certificate
The below signed owner(s), or legally designated agent(s)
thereof, do hereby agree that the property legally described
hereon will be developed as a Planned Development in
accordance with the uses, restrictions and conditions
contained in this plan, and as may otherwise be required by
law. I (we) further recognize that the approval of a rezoning to
Planned Development, and approval of this final development
plan, does not create a vested property right. Vested property
rights may only arise and accrue pursuant to the provisions of
Section 26 -121 of the Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
State of Colorado )
)SS
County of Jefferson )
The foregoing instrument was acknowledged before me this
Day of A.D. 20 by
Witness my hand and official seal. My commission expires:
Notary Public
Recommended for approval this day of
, by the Wheat Ridge Planning Commission.
Chairperson
C ity Certificati
Approved this day of by the
Wheat Ridge City Council.
Attest
City Clerk Mayor
Director of Community Development
Director of Public Works
State of Colorado )
)SS
County of Jefferson )
I hereby certify that this plan was filed in the office of
the County Clerk and Recorder of Jefferson County at
Golden, Colorado, at O'clock M. on the
day of I A.D., in
Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
al
)-.
REVISIONS
I
93
MAYO()
I fflimo
E
WHITE FACIA &
BAND COLOR (TYP)
EAST ELEVATION
1/8" = 1' -0"
EXISTING WALL PACK
LIGHT TO BE REPLACED
W/ DOWN -CAST FIXTURE
EXISTING SIGN
TO REMAIN
PLANTERS IN
6" CONC CURB
Immosi
16 -BLUE STAR JUNIPERS
(JUNIPORUS SQUAMATA)
RED STRIPE (TYP) --/
GRAY BASE COLOR (TYP)
OVERHEAD GARAGE
DOORS TO BE
REPLACED
WHITE PAINTED
WOOD FACIA (TYP)
RED STRIPE (TYP)
WEST ELEVATION
1/81, = 11
EXISTING NORTH ELEVATION
1/8 11 = V-0"
EXISTING WALL PACK
LIGHT TO BE REPLACED
W/ DOWN —CAST FIXTURE
91
6
WEST 44TH AVENUE
10 —SAVIN JUNIPERS
(JUNIPERUS SABINA CVS.)
"NO LEFT TURN"
SIGN ON METAL
POST
=D (T P) V
PARKING o
cq
cv
7 0 HCH HC ' 0 1 0
'I
-5 -SAVIN JUNIPERS
(JUNIPERUS SABINA CVS.)
w
E
iv
r
5 - E ASH �5
(F. PENNSYLVANIA A "PAT PATMORE ")
+ I FENCE EXISTIN WOOD
PAINTED ARROW
(TYPICAL)
10
WHITE FACIA & NOTES
69 -0
BAND COLOR (TYP) ® -NEW WOOD
1. PROPERTY OWNER SHALL BE RESPONSIBLE FOR + FENCE
MAINTAINING LANDSCAPED AREAS IN THE RIGHT -OF -WAY
ADJACENT TO THE PROPERTY. EXISTING
2. RIGHT -OF -WAY PERMIT IS REQUIRED FOR LANDSCAPING "NO LEFT TURN" DRAINAGE
SWALE
WORK PERFORMED IN THE INGALLS STREET RIGHT -OF -WAY. SIGN ON METAL EXISTING PARKING
POST STRIPE TO REMAIN —
3. ALL EXTERIOR LIGHTING FIXTURES SHALL BE FULLY SHIELDED
AND DOWNCAST SO THAT DIRECTLY EMITTED LIGHT FALLS EXISTING GREASE
WITHIN PROPERTY BOUNDARIES. THE SOURCE OF ILLUMINATION INTERCEPTOR co
SHALL NOT BE VISIBLE FROM ADJACENT PROPERTY OR RIGHT-OF-WAY.
4. ALL PLANTER AREAS TO HAVE GRAVEL MULCH & DRIP IRRIGATION.
16 �
NEW TENANT
SIGN EXISTING WHITE PAINTED
/ FACIA (REPAINT)
EXISTING LANDSCAPE TO REMAIN
(LARGE JUNIPER SHRU AND
DECIDUOUS SHRUBS)
i50
SITE / LANDSCAPE PLAN
1" =20' NORTH
HANDICAPPED PARKING
SIGN MOUNTED TO
BUILDING (2 PLCS.)
EXISTING WOOD
FENCE
REVISIONS
GRAY PAINTED
MASONRY /WOOD
(TYP)
CASE HISTORY
WZ -03 -04
NEW MASONRY INFILL &
KNEE -WALL TO MATCH
EXISTING
`L- EXISTING STOREFRONT
& DOORS
-NEW STOREFRONT TO
MATCH EXISTING
PROPOSED NORTH ELEVATION
1/4" = V -0"
EXISTING GRAY PAINTED
MASONRY WALL (REPAINT)
COMMENTS
#
MIS # #
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 36-2002
Ordinance No. 127
Series of 2002
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO PARIUNG AND STORAGE OF VEHICLES
IN RESIDENTIAL AREAS.
I.,4111"gfiLl Ill y;
Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as
follows:
Recreational -vehicle. A vehicle, such as a recreational trailer, tent camper trailer,
pickup truck shell, truck camper, travel trailer, motor home or other vehicle with or
without motive owe t-ticifti *'�zv
IRWIN
Recreational vehicle, personal. A vehicle, with or without motive power, used in
recreational pursuits designed for use by one or two persons, including such vehicles
as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road
motorcycles, and other similar motorized or non-motorizcd devices.
Trailer. Any wheeled vehicle, without motive power, which is designed to be used in
conjunction with a motor vehicle other than a truck-tractor so that some part of its own
weight and that of its cargo load rests upon or is carried by the motor vehicle. The term
includes but is not limited to cargo trailers, flatbed trailers, utility trailers, and
horse trailers.
Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and
reenacted to read in its entirety as follows:
'42
Mal mm��
(;ED\5302NZ5590.01 ATTACHMENT I
that such vehicle does not exceed a one -ton chassis. Parking Of trailers which are
used for, commercial purposes is prohibited on any public right -of -way.
residential ' ' ' districts, a maximum Of
two(2)o following
t be t`d outside t! upon property
owned or occupied t ,t
owner:
• Recreational 'Vehicle
• Trailer, with or without'storage thereon of any number of personal
recreational vehicles
E. Pickup * , truck" shells, when mounted upon pickup
restrictions trucks, are not subject to these Parking be used for permanent or temporary living quarters. * such camper
• '• • r *, Nothing in this section will be
GED\5302Z425590 „01
-2
property so long as said vehicle is parked in accordance with the limitations of this
section and provided that sight distance triangle requirements of section 26-603 are
met.
Le—S. I Ordinance No. • 2002, is hereby repealed.
Section 5., Severabiliiy. 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
GED\53027\4255W0j
-3-
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
ATTEST:
01'• NING AND DEVELOPMENT 126-115
Minor variances or waivers (ten (10) percent • less). The director • planning and development
is empowered to decide upon applications for minor variances or waivers from the stric'
application of any • the "development standards" pertaining to zone districts in article 11 of tl�
off-TIEM
-j
x �a-
ch apter , apply f t ut the various zone district regulations and in other situatio
which may be specifically authorized in the various sections, without requirement of a public
hearing, under the following conditions:
a. The variance o r
stan dard; and
ts not exceed ten (10) percent of the minimum or maximum
b. The director of planning and development finds that the "findings of fact," as set forth in
subsection (c)(3) hereof, are substantially complied with and support the request; and
C. The director of planning and development has notified adjacent property owners by letter
notice and posting of the site at least ten (10) days prior to rendering his decision, and that
no protests have been received during such ten-day period.
b. If the variance were granted, would it alter the essential character of the locality?
C. Does the particular physical surrounding, shape or topographical condition of the specific
property inv• # result in a particular and unique hardship ( upon the ow ner)
distinguished # ## a mere # of # were carr ied
Supp. No. 29 1696
ZONUING AND DEVELOPMENT § 26-115
f If criteria a. through e. are found, then, would the granting of the variance result in a bene fit
or contribution, to the neighborhood or the community, as distinguished from an individual
benefit on the part of the applicant, or would granting of the variance result in a reasonable
accommodation of a person with disabilities? I
D. Rmporary permit for uses, buddings and swns.-
I General. Temporary permits for uses, buildings and signs may be permitted subject to the
following restrictions:
a. IXo application will be accepted for a temporary use, building or sign which has previouST
been denied by planning commission or city council. I
Supp, No. 29 1697
§ 26-115
"t :1
3. Relationship of physical improvements, streets, rights-of-way, streams, property boundaries, etc.,
where such varies
M inconsistent with the official zoning maps of the City of Wheat Ridge.
Eff IMEM
1.698
I i I � 1 • I'll I I I if, 1 •TZ2 lmj�
INTRODUCED BY COUNCIL MEMBEA,
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-115
OF THEWHEAT RIDGE CODE OF LAWS.
WHEREAS, the City Council is concerned about the physical appearance of the
residential zone districts in the City
• Wheat Ridge; and
WHEREAS, Ordinance 1271 was approved by City Council • Decern • er
WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a
vehicle on a residentially-zoned property; and
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures
for variances, waivers, temporary permits and interpretations; and,
WHEREAS, the existing Code of Laws does not recognize this new category of
temporary permits,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of
Section D. Temporary permit for uses, buildings aa4, signs and nonoperative vehicles
Temporary Nonoperative Vehicle Permits.
a. The board of adjustment is empowered to hold public hearings to decide upon
requests for temporary permits for nonoperative vehicles.
b. "Nonoperative" as applied to this ordinance shall be defined consistent
with the definition provided in Section 1 5-4 of the Nuisance Code.
c. The board may approve !• + permit for no longer than one year per
application, provided that no other new temporary nonoperative vehicle
permits have been issued within the past year. A single, ! for
The board of ! also take into consideration the history
factors of compliance of zoning violations by the applicant and any other
•
h. The approval of a temporary nonoperative vehicle permit shall not be
construed that restoration of such vehicle is an allowed home occupation
pursuant to Section 26-613 of the zoning and development code.
Section 3. Severabil�L. If any clause, sentence, paragraph,
• part of this Zoning
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause, If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code • Laws • the City • Wheat Ridge, which are in
existence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 5. This ordinance shall take effect 15 days upon final publication.
INTRODUCED, READ, AND ADOPTED • first reading by a vote of - to
in this - day • 2003, 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 2003, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29" Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to this - day of 2003.
SIGNED by the Mayor on this - day of 2003.
Wanda Sang, City Clerk
I s,r publication:
2 nd publication:
Wheat Rid e Transcript
Effective Date:
FROM: Alan White, Community Development Director
SUBJECT: Special Use Permit Process
DATE: May 7, 2003
Council directed staff to develop options for their consideration for streamlining the Special Use
Permit process. The current process consists • the following steps:
The approval of an SUP is currently subject to the legal protest process. If owners comprising 20%
or more of the ownership along any boundary of the site of the SUP file a legal protest, the SUP
requires a vote to approve. Special uses also require the determination of whether the
use runs with the land or is a personal grant of use to the applicant.
The SUP process applies to a number of uses in the various zone districts. Any change in the
process applies to all special uses.
From three options presented to Council, one was selected for further consideration. Options within
this process were presented to Council on April 21", The consensus of Council was to modify the
current process as follows:
• 15-day public notice period
• City Council hearing
The neighborhood meeting has been eliminated. Council requested that the legal protest provision
be eliminated, Whether the special use runs with the land or is a personal grant of use will remain a
decision to be made on a case by case basis by the Community Development Director or City
Council.
The attached ordinance amends the current section of the Code. New language is shown in bold
with deleted language in •
The current $800 fee for an SUP is based on the amount of staff time it takes to review the
application and prepare for two public hearings, and the cost of providing public notice twice, The
public notice cost is $300. The fee should be reduced if the new process is approved by Council.
I .
I move to recommend approval of the proposed ordinance modifying Chapter 26 of the Code of
Laws pertaining to special uses."
CTrojectsVoning amendrnents\SUPs\pc hearing me .dm
BE IT O RDAINED B
R IDGE, COLORAD
Section 1. Section 26 -114 of the Wheat Ridge Cade of Laws is hereby amended as
follo
Section 26-114. Special Uses.
p r o visions B. Applicability. The requirements of this subsection shall apply to all uses
listed as "special uses" within the
C. Application form and review procedures:
1.
S pecial •t originated only by prosp
owner of proposed • ap proval
owner of the property in cases where the owner of the p
different than the owner of •ts • special use Bo th-the
3. Application shall be submitted on forms provided by the de-pwtnient
of planning and community development department and shall be
acc ompanied by • i of p deed a certified survey and
the appropriate fee.
9
accompanied 4. All applications shall also be
information additional written
operating intent of the applicant in developing,
requirements special use. The site development plan shall meet the minimum
•
application 5. Upon receipt of a complete
community development department shall r
following process:
a. Refer the application
community and comment, if applicable.
d. The development director decide
whether the pa p° +' re
design, management or operational aspects such at it e
a personal grant of use to the owner of the special use and
M
not a grant which transfers with the affected property,
and, in that connection, the community development
director shall decide whether the special use:
(1) runs with the land in perpetuity; or
NJ
and compatible with the character of the surrounding areas and
neighborhood, especially with adjacent properties.
S. Will not overburden the capacities of the existing streets, utilities,
parks, schools and other public facilities and services.
9. History of compliance by the applicant with Code requirements and
prior conditions, if any, regarding the subject property.
10. Ability of the applicant or any permitted successor-in-interest to
continuously meet the conditions of the proposed permit.
"0 0 * 1---+: -- —r A.— —I--
2. City council, III 1-1,11-1ft +%%J %' O flWAVI"LIVII Nil 1.11V F t"I, istoft
feeord-, shall hear additional evidence and testimony presented, and either
approve, approve with conditions, or deny the special use adopt-,iklept
with medifi its decision being based upon
all evidence presented, with due consideration of the criteria for review.
3. Grant of Use
Ilia IMIT111 M I . I I 1 4141 11
M7
design, RMUMMent7or operNOTITHY aspects S'-L'vII tITH ATic W
grant of use to the owner of the special use and not a grant which
transfers with the affected property, and, in that connection, the cit
council shall decide whether the special use: 1�
MMIM��
(2) is personal to the applicant and may or may n t be
inherited; and/or 1 1
M
Notice • ures as set forth for
r• r. to w .: e Code, :i 26-1005 or
26-1006 ae.
0
9
H. Nonconfortning special uses: Notwithstanding the provisions of
section 26-120, any special use which is nonconforming to the provisions of this section by
way of not having received approval of a special use permit under prior rules and
procedures shall be allowed to continue. Any expansion, addition, or site modification
shall require a special use review. All other provisions of section 26-120 shall apply.
Section 2. Section 26-106 Review process chart, is hereby amended as follows:
Right of protest applies: Section 26-112-F
MM
2
Pre-A lication
Outline
Final
Approval Requested
Staff
Neighbor
PC
cc
UR
Staff
PC
C C
BOA
URPC
Notes
hood
PC
Special Use
X
-X
A
44
H
URA
§26-114,
Appeal
to CC
Right of protest applies: Section 26-112-F
MM
2
Section 4. Severability. 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.
Section 5. SuMrsession Clause. If any provision, requirement or standard
establi;- �e,,
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,
Section 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 - 111111, 2003, 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 2003, 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 2003
SIGNED by the Mayor on this - day of 2003
101
Wanda Sang, City Clerk
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
K