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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 rrif io�111111111�lii 4 plm 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 I i i co i &m 24 rul . . :��.... �i � « «� � -----� &*2 a.- Wm arrul R , | < ! 3 \\ \ �§ �# /\ w \ 2 »r4rgm! 7 MAR ADOPTED: » A r » ( Z) \ 2 »r4rgm! 7 MAR ADOPTED: » A r » i, �► , 1111 ►. r WE RH ODE /-SITE 1 0 "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 r ,0 - ' "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