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HomeMy WebLinkAboutSUP-11-047500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 w City of i 9 Wheatjjdge Approval of Special Use Permit WHEREAS, an application for a Special Use Permit was submitted for the property located at 3865 Wadsworth Boulevard to allow a body art establishment in an R -C zone district, referenced as Case No. SUP- 11 -04; and WHEREAS, City staff found basis for approval of the special use permit, relying on criteria listed in Section 26 -114 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26 -109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a Special Use Permit is granted for the property located at 3865 Wadsworth Boulevard for the purpose of allowing a body art establishment for property zoned Restricted - Commercial (R -C), based on the following findings of fact: 1. This request for an administrative Special Use Permit meets all applicable conditions as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water quality of adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 6. There were no objections received during the neighborhood meeting or during the required 10 -day posting period. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The applicant may employ others to perform body art as defined in City Code Section 26 -123 under the regulation of this Special Use Permit. 3. All work performed shall be consistent with the definition of a body art establishment as specified in City Code Section 26 -123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue a Certificate of Occupancy. 6. Multiple documented complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26- 114(F). Date INP ®A 4( 9rWh6atP,,Ldgc ® City of CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Director of Community Development / DATE: May 27, 2011 Case File No. SUP -11 -04 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: SUP -11 -04 / Stay Local Tattoo & Piercing ACTION REQUESTED: Approval of a Special Use Permit to allow a body art establishment in a Restricted - Commercial (R -C) zone district LOCATION OF REQUEST: 3865 Wadsworth Boulevard APPLICANT(S): Stay Local Tattoo & Piercing / Lucus Garcia & Steve Smith PROPERTY OWNER(S): C &D Investments LLC / Carrie Cutter APPROXIMATE AREA: 23,827 Square Feet (0.55 Acres) PRESENT ZONING: Restricted - Commercial (R -C) PRESENT LAND USE: Multiuse shopping center; proposed tenant space is currently vacant COMPREHENSIVE PLAN: Primary Commercial Corridor / Mixed Use Town Center ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Middle unit Case No. SUP -11 -04 /Stay Local JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST Case No. SUP -11 -04 is an application by Stay Local Tattoo & Piercing requesting the approval of an administrative Special Use Permit (SUP) to allow a body art establishment on property zoned Restricted - Commercial (R -C) at 3865 Wadsworth Boulevard. The R -C zone district allows body art establishments as a special use. Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions have been met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days. 3. No written objections have been received in such ten day period. 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. The Community Development Director shall also decide the following: 1. Whether the SUP runs with the land in perpetuity; 2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. CASE ANALYSIS The applicant, Stay Local Tattoo & Piercing, is requesting a Special Use Permit for a vacant unit in a multi -unit commercial property located at 3865 Wadsworth Boulevard (Exhibit I, Letter of Request). The property is zoned R -C, a commercial district that provides for various types of office uses performing administrative, professional, and personal services as well as a limited range of retail uses that are neighborhood oriented. The site is located on the west side of Wadsworth Boulevard and is entirely surrounded by commercially -zoned properties, including Commercial -One, Commercial -Two, Restricted - Commercial, and Planned Commercial Developments (Exht8it2; Zoning tY1a0. The surrounding land uses are commercial in nature. Across Wadsworth to the east is a large shopping center that includes the Safeway market and several smaller retailers and fast food restaurants. Wadsworth Boulevard is a primary commercial corridor in the City of Wheat Ridge. As a state Case No. SUP -11 -04 /Stay Local highway, Wadsworth is also a major regional thoroughfare that carries high traffic volumes and commercial activity throughout the day. There are several businesses along Wadsworth that are open late or around the clock. A body art establishment is a special use in the Restricted - Commercial zone district, but it should be noted that the subject property is within the boundaries of a proposed City- initiated rezoning along Wadsworth Boulevard from W. 35 to W. 45 Avenues. The area is proposed to be rezoned to Mixed Use - Commercial (MU -C), and a public hearing before City Council on July 11, 2011. If approved, the subject property would be zoned Mixed Use - Commercial and the applicant would not require a special use permit; in the MU -C zone district a body art establishment is a permitted use. The proposed location for the body art shop is in the Wadsworth Center development. The center is fully developed and currently includes a cigarette shop, tax services, legal services, and an organic home products store. The property is 23,827 square feet (%2 acre) in size and includes a one -story 7,280 square foot structure. The building was constructed in 1960 and is divided into five (5) commercial units, each with frontage on Wadsworth. Stay Local Tattoo & Body Piercing would lease the middle unit (Exhibit 3, Site Photos). Surrounding the building to the east, south and west is a paved parking area that can accommodate about 25 vehicles. The property owner has expressed to the applicant that parking is shared among tenants and not assigned. There appears to be sufficient parking on the property to accommodate customers and employees for all five units. In the southwest corner of the lot is a 724 square foot metal shed (Exhibit 4, Aerial). Stay Local Tattoo & Piercing is owned by Lucus Garcia and Steve Smith, both of whom have several years of experience owning and operating body art establishments. The owners currently operate Inferno Tattoo in Denver which has been in business for seven years. In addition, Mr. Smith has owned two other body art establishments in the Denver -metro area and is well versed in the industry's operational and health standards. The proposed body art shop would include tattoo and body piercing services as well as an art gallery component featuring local artists and student work. The shop would be open seven days a week; proposed hours of operation are 12pm (noon) - l Opm from Sunday to Thursday, and 12pm (noon) - 12am (midnight) on Friday and Saturday. Jefferson County Public Health (JCPH) is the local authority that regulates the operation of body art establishments to ensure safe and sanitary practice, physical environment, and equipment. The proposed body art establishment will be subject to a plan review, annual licensing, and routine inspections by the department. Before commencing a tenant finish improvements to the building, the applicants will be required to submit a plan review request to JCPH. Approval from the health department is required before the City can issue a building permit. A Certificate of Occupancy will be issued after final approval from the City Building Division and from the County health department. Jefferson County Public Health also regulates the medical and bio- hazardous waste produced by body art establishments. Bio- hazardous waste — including disposable needles, towels, and bandages —are All parcel data is from the Jefferson County Assessor's Office. Case No. SUP -11 -04 /Stay Local required to be properly disposed of at an approved off -site facility. Often this waste is stored separately and handled by a company specializing in bio- hazardous waste. JCPH will require the applicants to make arrangements with an approved hazardous waste provider prior to opening. Staff has received only one inquiry from the public regarding the SUP request in response to the public noticing. A commercial property owner had received notification of the neighborhood meeting, but had been unable to attend. The owner's representative called after the meeting date to learn about the proposal and to learn about Jefferson County Public Health's regulatory function. All questions were answered to the caller's satisfaction. During the public notification period no objections were received. III. SPECIAL USE PERMIT CRITERIA Staff uses the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26 -114.1) of the City Code have been met. The applicant has provided their analysis of the application's compliance with the variance criteria (Exhibit S, Applicant Response to Criteria). Staff provides the following review and analysis of the special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use will not affect the health, welfare, safety, or convenience of any person working or residing in the area. The property is already developed and can accommodate the proposed use. Existing parking areas will sufficiently accommodate the new business. The surrounding land uses are commercial in nature, and some businesses in the area are more intensive in use and generate more traffic than the proposed use. Wadsworth Boulevard is a primary commercial corridor in the City of Wheat Ridge. As a state highway, Wadsworth is also a major regional thoroughfare that carries high traffic volumes and commercial activity throughout the day. Jefferson County Public Health (JCPH) is the local authority that regulates the operation of body art establishments to ensure safe and sanitary practice, physical environment, and equipment. The proposed body art establishment will be subject to a plan review, annual licensing, and routine inspections by the department. The business will be required to conform to all County and State health codes. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue a Certificate of Occupancy. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. Case No. SUP -11 -04 /Stay Local The property is developed and does not currently contribute to blight in the neighborhood. The commercial building on the property was constructed in 1960, and the Jefferson County Assessor lists the quality of the building as "average." The applicant does not own the building and is not in a position to complete exterior or site improvements. The applicant will be leasing the unit. The unit is currently vacant which is more likely to contribute to blight than will the presence of a business; the establishment of a viable business should be a benefit to the area. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Staff has not identified any adverse impacts greater than what are allowed under the existing zoning. The applicant's proposal does not include expansion of the building footprint, and the proposed use will not impact the light, air, or water quality of the adjacent properties. The R -C zone district allows for a variety of land uses, some of which are more intense and generate similar (if not more) traffic than the proposed use. Staff finds this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The proposed use will not create undue traffic congestion or hazards. Sufficient parking and loading areas are currently provided on the property. Staff finds this criterion has been met. 5. The property is 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. The adjacent properties will be minimally impacted by the proposed special use. The property is already developed and is in harmony with the surrounding area. No changes to the footprint or the exterior of the building are being proposed. As a result, the setback and height of the structure will remain unchanged. The impervious surfaces will not be increased. The parking and landscaping will also remain unchanged, as the change in use does not trigger any increase beyond what is already provided. Staff finds this criterion not applicable 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Case No. SUP -11 -04 /Stay Local Parks, schools, and other public facilities will not be negatively impacted. The existing network of streets has the ability to handle the capacity of traffic, and no significant increase to traffic is expected to be generated by this use. Utility agencies are already serving the existing building on the property, and any improvements required by the utility companies will be completed during the building permit process. The Wheat Ridge Fire Protection District reviewed the SUP request and has no concerns regarding provision of Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. Neither the applicant, nor the property owner has a history of code violations. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual (ASDM) applies to all new construction and major additions (except one- and two - family residential structures). Because there are no additions or expansions associated with the proposal, the ASDM does not apply. Staff finds this criterion is not applicable IV. NEIGHBORHOOD MEETING Prior to submittal of an application for a Special Use Permit, the applicant shall be required to hold a neighborhood meeting in accordance with the requirements set in City Code, Section 26 -109A. A meeting for neighborhood input was held on April 26, 2011 in accordance with Section 26 -109A. In addition to the staff and two applicants, three attendees came with the applicants. They included a friend and two family members who attended to support the applicants, none of whom live, work, or own property in the City of Wheat Ridge. No other members of the public attended the neighborhood meeting (Exhibit 6, Neighborhood Meeting Notes). Staff has received only one inquiry regarding the SUP request. A commercial property owner received notification of the neighborhood meeting, but had been unable to attend. On behalf of the property owner, the owner's representative called after the meeting date to learn about the proposal and to learn about Jefferson County Public Health's regulatory function. All questions were answered to the caller's satisfaction. No objections were filed during the 10 -day noticing period. V. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow. Case No. SUP -11 -04 / Stay Local City of Wheat Ridge Economic Development Division: No comments or objections. Wheat Ridge Fire Protection: • The project may require one or more of the following Fire Department permits: Fire District building permit Permit addressing alterations to an existing sprinkler system Permit addressing alterations to an existing fire alarm system ■ Applicant is responsible for verifying that all required permits are acquired. Jefferson County Public Health: The proposed body art establishment will be subject to a plan review, yearly licensing and routine inspections by the Department. Contact the Department for specific requirements. All other agencies to which the referral was sent either did not respond or have indicated they have no issues with the proposed use and that they have the ability to serve the property. VI. STAFF RECOMMENDATIONS/FINDINGS OF FACT Having found the application for Case No. SUP -11 -04 / Stay Local Tattoo & Piercing —a Special Use Permit to allow a body art establishment in a Restricted - Commercial (R -C) zone district —to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the special use request with the following findings of fact: 1. This request for an administrative Special Use Permit meets all applicable conditions as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water quality of adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 6. There were no objections received during the neighborhood meeting or during the required 10 -day posting period. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The applicant may employ others to perform body art as defined in City Code Section 26123 under the regulation of this Special Use Permit. 3. All work performed shall be consistent with the definition of a body art establishment as specified in City Code Section 26 -123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue a Certificate of Occupancy. 6. Multiple documented complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26- 114(F). Case No. SUP -11 -04 /Stay Local EXHIBIT 1: LETTER OF REQUEST Stqy Local Tattoo And Piercing 3865 Wadsworth blvd, Wheat ridge Co 80033 -4612 Lucus Garcia Steve Smith Case No. SUP -11 -04 /Stay Local 8 Letter of Request, continued Introduction Stay Local Tattoo and Body Piercing is a new body artist studio in the state of Colorado. Owners Steve Smith and Lucus Garcia currently own Inferno Tattoo off 2260 S Broadway, Denver CO, 80210. We have been in business for seven outstanding years, our work is at an all time high and we have the greatest intentions on expanding our talent to a new location. With your help and support we can bring a quality, sterile, and positive new look for body art to the city of Wheat ridge. Business Hours Mon -Thu, Sun 12pm -lOpm Fri -Sat 12pni- 12am Being open seven days a week separates us from other body artist shops who are nom mlly opera five to six days a week. This also advantages for our employees. When we (the employer) alloav employees to work flexible schedules, whether the flexible work schedules involve compressing workdays or having fewer employees on shift, we found that we get the best out of our artist when they have this flexibility. Marketing Advertisement plays a major if not the biggest role in our business. Word of mouth means everything. We have made= stickers, banners, flyers, tee shirts and hats with our logo our them. Designed by professional co design majors from Rocky Mountain College of Art and Design Oust off Pierce and Colfax, this will also help bring customers to our business) We intend to involve the community around us by holding art shows and exhibits during our work hours honoring student art work and local art work from Colorado. Case No. SUP -11 -04 /Stay Local Letter of Request, continued Stay Local will also compete in tattoo conventions around the country along with our other shop Inferno Tattoo to help encourage the public to stop in and visit our custom upper class studio. Customers and Prices On average we currently get about one hundred customers a week- With Fridays and Saturdays being our busiest workdays_ We can't say that the new location off 3 8t and Wadsworth will be this promising considering this is a new location_ We are expecting over the first couple of months we will reach that same traffic currency. Our prices vary depending on piece, size and color composition and pier Each artist is responsible for deciding what to charge the customer. For example an atrn tattoo averaging 8 inches by 8 inches in full color would be about $250.00_ The artist is entitled to pay back 50% of their earnings to the shop. Paying for cleaning supplies and booth rentals. Not all tattoos will be this expensive, we do have a shop minim of 50$. Pier are 25$ including jewelry, uve collect 50% of each piecing and we do provide the artist with luslher own needles and jewelry. $ * *We appreciate you taking the time and effort in reading this over We are looking forward to hearing your feedback If you have any questions or concerns, you may email me at: lgarcia([dxrncad.edu 720.210.7762 personal cell 303.377.7648 Inferno Tattoo Case No. SUP -]1 -04 /Stay Local 10 EXHIBIT 2: ZONING MAP Case No. SUP -II -04 / Stay Local i l i EXHIBIT 3: SITE PHOTOS CaseNo. SUP- 11- 04 / Slay Local 12 Case No. SUP -II -04 /SILT Local 13 EXHIBIT 5: CRITERIA RESPONSE SPECIAL USE PERMIT EVALUATION CRITERIA Criteria for review. The community development director or city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: [l.] The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. • The health risks associated with commercial tattooing are often exaggerated when individuals or groups mount campaigns to prohibit the opening of tattoo shops in their community. Stay Local Tattoo assures that each artist is educated with the state health department regulations (centers for disease control CDC). We also provide any information regarding health issues, helping our customers and neighborhood feel safe. [2.] The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. • Stay Local Tattoo will not be contributing in any physical changes to the neighborhood or surrounding area. All biohazard waste will be picked up by the state health department. [3] The special use will not create adverse impacts greater than allowed under existing zoning for the property. • Stay Local Tattoo will never make any greater impacts than allowed under the existing zoning for the property. We will respect our space and time while open for business in the city of Wheat Ridge. [4] The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. • Stay Local Tattoo will never assist in traffic congestion, etc. Our cliental at maximum will only take up to five or six customers a day. Most of which will be doing the weekends. Throughout the seven years we have been open we have never had an issue with this. [5] The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in hannony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. • Stay Local Tattoo has worked with our own private contractors and interior designers to make sure that we have the appropriate design needed to be compatible with the neighborhood and surrounding areas. We want to display a clean, sterile, and upper class tattoo shop. [6] The special use will not overburden the capacities of the existing sheets, utilities, parks, Case No. SUP -11 -04 /Stay Local 14 Criteria Response, continued schools and other public facilities and services. • Stay Local Tattoo will never under any circumstances overburden the capacities of any existing streets, utilities, parks, schools and any other public facilities and or services. The majority of our advertisements will be done online and never done around any schools. I know that people in the surrounding area tend to feel uncomfortable because of this. We do understand and respect the schools and will not traffic in those areas. [7] There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. • We have been open for seven yeas at our location in Denver Colorado off of Broadway and Illiff. We have complied to any and all regulations needed by the city of Denver. We are ready and willing to do the same for the city of Wheat Ridge, we are excited to move into the neighborhood. [8] The application is insubstantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. • We are in substantial compliance with all of the applicable standards set forth in the ASDM. We are not making any changes to the property other than a couple counters and pluming changes. Case No. SUP -11 -04 / Stay Local 15 EXHIBIT 6 : NEIGHBORHOOD MEETING NOTES City of Wheat�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Mtuticipal EhWdhtg 7500 W. 29� Ave. Wheat Ridge, CO 80033 -8001 P: 303335.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: April 26, 2011 Attending Staff: Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29` Avenue Wheat Ridge, CO 80033 Property Address: 3865 Wadsworth Boulevard Property Owner(s): Carrie Cutter, C &D Investments Inc Property Owner(s) Present? No (written permission provided) Applicant: Lucus Garcia and Steve Smith (Stay Local Tattoo & Piercing) Existing Zoning: Restricted - Commercial (R -C) Existing Comp. Plan: Primary Commercial Corridor / Mixed Use Town Center Existing Site Conditions: The property is located at 3865 Wadsworth Boulevard and is zoned Restricted-Commercial (R -C). The site is entirely surrounded by commercially -zoned properties, including Commercial -One, Commercial -Two, Restricted - Commercial, and Planned Commercial Developments. Across Wadsworth to the east is a large shopping center that includes the Safeway market and several smaller retailers mud fast food restaurants. The proposed location for the body art shop is in the Wadsworth Center development which currently includes a cigarette shop, tax services, legal services, and an organic home products store. The property is 23,827 square feet (' acre) in size and includes a one -story 7,280 square foot structure.` The building was constructed in 1960 and is divided into five (5) commercial units, each with frontage on Wadsworth. Stay Local Tattoo & Body Piercing would occupy the middle unit. Surrounding the building to the east, south and west is a paved parking area that can accommodate about 25 vehicles. In the southwest comer of the lot is a 724 square foot metal shed. Applicant/Owner Preliminary Proposal: The applicants, Steve Smith and Lucus Garcia, are proposing to open a body art shop at 3865 Wadsworth Boulevard. The applicants would lease space, and the shop would be open seven days a week. Proposed hours of operation are 12pm - l Opm from Sunday to Thursday, and 12pm - 12am on Fridav and Saturday. Case No. SUP -11 -04 /Stay Local 16 Neighborhood Meeting Minutes, continued The applicants currently own Inferno Tattoo in Denver where they have been in business for seven years; in addition, Mr. Smith has owned two tattoo shops in the past. The proposed body art shop would include tattoo and body piercing services as well as an art gallery component featuring local artists and student work. The following is a summary of the neighborhood meeting: • In addition to the staff and two applicants, three people attended the meeting to support the applicant. These attendees included a friend and two family members. • No other members of the public attended the neighborhood meeting. After waiting 20 minutes, the meeting was adjourned. • Staff reviewed the SUP process and next steps with the applicants and their supporters. • Staff received no comment from others in the area regarding the proposal. Case No. SUP -11 -04 /Stay Local 17 l lty Of Wh6atR d e POSTING CERTIFICATION CASE NO. SUP -11 -04 I, residing at (address) as the applicant for Case No. 5UP -11 -04 , hereby certify that I have posted the sign for Public Notice at 3865 Wadsworth Boulevard Wheat Ridge CO (location) on this 17 day of May , 2011, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The fign was poste� the position shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP FOR WRITTEN COMMENTS: May 26, 2011 am e) 4-t-C C -CA_.S; S C & D INVESTMENTS LLC 39- 233 -00 -041 7011 0470 0002 3336 0254 2355 YARROW ST LAKEWOOD CO 80216 CHAOLAIFONG 39- 233 -00 -040 7011 0470 0002 3336 0247 7482 N DEPEW ST WESTMINSTER CO 80003 HAMMOND LAND COMPANY LLC 39- 233 -00 -039 7630 W 39TH AVE 7011 0470 0002 3336 0230 WHEAT RIDGE CO 80033 MOUNTAIN SPRINGS PLAZA LLC 39- 233 -21 -030 7p11 0470 0002 3336 0223 2821 S PARKER RD 215 AURORA CO 80014 WHEAT RIDGE 08 A LLC 39- 234 -04 -020 & -024 7011 0470 0002 3336 0261 12411 VENTURA BLVD STUDIO CITY CA 91604 X666 -'�'1 City of 4 WheatR. ge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE May 17, 2011 Dear Property Owner: This is to inform you of Case No. SUP- 11 -04, a request for a Special Use Permit to allow a body art establishment on property zoned Restricted - Commercial (R -C) and located at 3865 Wadsworth Boulevard. Pursuant to Ordinance No. 1291, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303 - 235 -2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on May 26, 2011. Thank you. SUP1104.doc www.ei.wheatridge.co.us : rEr E NW 23 a x s x x G A ml OK,5u 15 c - LU N R�.s INI S MINUx U6 g TEG LER a R IBER 8 MI Ox SUB 8 ... AVE z m x R -2 R -3 a wz sss x x R -C WILMORE DAV15 ELEM.5CHOOL ti O .MCI I W ]9TH AVE R I $ I 8 m R -3 R- @ LU F: TIF N C -1 a S oS [NC py e SW 23 LP14E )I R W39 HAE RED C WHEAT RIDG E — WATER FEATURE CO LORADO DENOTES MULTIPLE ADDRESSES 3UB GOI, MON ONS 0 lOO 200 ;co loo FA (APPROXIMATE LOCATION) �wHUr DEPARTMENT OF x � x C ANE A F TI M A ya ° w3ev vL 8 v £ o i 7 x R a x B Wz-a-a1 'cri S ;� x J ° e R -2 R -3 a wz sss x x R -C WILMORE DAV15 ELEM.5CHOOL ti O .MCI I W ]9TH AVE R I $ I 8 m R -3 R- @ LU F: TIF N C -1 a S oS [NC py e N W 26 OFFICIAL SW 23 LP14E )I R (D SIG NA ES OWNERSHIP) C WHEAT RIDG E — WATER FEATURE CO LORADO DENOTES MULTIPLE ADDRESSES GOI, MON ONS 0 lOO 200 ;co loo FA (APPROXIMATE LOCATION) �wHUr DEPARTMENT OF s °a' ° � PLANNING ANP DEVELOPMENT L2St ReVision: September 10, 2001 TI M WILMORE CENTER ya x� i Wz-a-a1 'cri PCD ;� x i wz -8518 - � WM7 -2 �C ° .. R 8 �.J i 8 . _ ^.WZ-84 N W 26 OFFICIAL SW 23 ZONING MAP (D SIG NA ES OWNERSHIP) C WHEAT RIDG E — WATER FEATURE CO LORADO DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN 0 lOO 200 ;co loo FA (APPROXIMATE LOCATION) �wHUr DEPARTMENT OF MAP ADOPTED: June 15, 1994 °a' ° � PLANNING ANP DEVELOPMENT L2St ReVision: September 10, 2001 t a N �N CO O O W V � N o. L F- LU F— Q � O O e s a r 6 a LL LL C f 9bb glJOMSp2M 1d3C]'AMH 7S M W C- M N Lu (n Q N w d' Y M ix O C J W Z W U W 2 H 00 /) N H u Q t cc M CL = = > x x s a a a w M m N d) U 0 U U M J J J J U U U U w W W W W LLI 2 S S 2 ♦ City of Wheatdge COMMUNITY DEVELOPMENT 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: April 28, 2011 Response Due: May 13, 2011 The Wheat Ridge Community Development Department has received a request for a Special Use Permit (SUP) at the property located at 3865 Wadsworth Boulevard in Wheat Ridge. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP -11 -04 / Stay Local Tattoo & Piercing Request: Special Use Permit to allow for a body art establishment on property zoned Restricted - Commercial (R -C). The body art establishment will be located in a multi -unit commercial building at 3865 Wadsworth Boulevard. The applicant will not be making any site improvements, and therefore has no site plan. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Lauren Mikulak Voice: 303-235-2845 Email:lmikulak @ci.wheatridge.co.us Fax: 303-235-2857 DISTRIBUTION: Wheat Ridge Public Works Wheat Ridge Building Division Wheat Ridge Fire District Wheat Ridge Economic Development Jefferson County Health Department A '> City Of Wheat Wldge PUBLIC WORKS Memorandum TO: Lauren Mikulak, Planner I FROM: Dave Brossman, Development Review Engineer n-1 b DATE: May 2, 2011 SUBJECT: SUP -11 -04 /Stay Local Tattoo & Piercing I have completed the first review of a Special Use Permit request for a tattoo and body piercing establishment received on April 28, 2011 for the property located at 3865 Wadsworth Blvd., and I have the following comments: As the applicant is proposing no changes or improvements to the site, Public Works has no comments for this Special Use Permit application. Stay Local Tattoo- Piercing _3865 Wadsworth - reviewl.ltr.doc Lauren Mikulak From: Tracy R. Volkman [tvolkman @co.jefferson.co.us] Sent: Monday, May 09, 2011 8:10 AM To: Lauren Mikulak Cc: Mindi Ramig; Tracy R. Volkman Subject: Stay Local Tatto and Piercing Follow Up Flag: Follow up Flag Status: Red Attachments: Stay Local Tatto and Piercing SUP- 11- 04.doc Lauren, Thank you for the opportunity to comment on the above referenced case. Please see the attached document for our comments. Please feel free to contact me if you have any questions. Thanks. Trac' Volkynan, Rt -.HS ElIvironinentrl Health Sercicas Di�jsion Jefferson Counly Public Health 1,13m t9i:h Si eet� Golden, CO 3 :317401 3 - 2 71 - 57 6 3 (oti`ice} Jefferson County Public Health 05/09/2011 .,..wjeffoo,aS; 1 2H(to MEMO TO: Lauren Mikulak City of Wheatridge, Community Development Department FROM: Tracy Volkman Jefferson County Environmental Health Services Division DATE: May 9, 2011 SUBJECT: Case SUP -11 -04 Stay Local Tatto and Piercing 1. The proposed Body Art establishment will be subject to a plan review, yearly licensing and routine inspections by this Department. Please contact Plan Review Coordinators, Kelly McGregor 303.271.5766 or Chris Kennedy 303.271.5739, for specific requirements. 2. The Water and Sanitation District should provide a proof of services letter for the proposed business. 3. The Colorado Revised Statutes (Sections 25 -12 -101 through 108) stipulate that commercial areas must comply with the following maximum noise levels 25 feet from the property lines: • 60dB(A) from 7:00 am to 7:00 pm • 55dB(A) at all other times. Golden o€` ice ??3 )1 . O" Straei oolden, CO 80401 03,271.57�N —office >Ct327�i...702 —fax Lakewood Clinic 260 S Kioling Steal Lakewood, C-0 80226 303232.6301 -office 303238.70£38 -- fax Arvada Cqnkc 6303 .Ja;T v�'orttt Bypass Anat:a. C3 sOG(Yvt 303.27a.7500 -- o6me 343.275.503 -- fax Stay Local Tattoo And Piercing 3865 Wadsworth blvd, Wheat ridge Co 80033 -4612 Lucus Garcia Steve Smith Introduction Stay Local Tattoo and Body Piercing is a new body artist studio in the state of Colorado. Owners Steve Smith and Lucus Garcia currently own Inferno Tattoo off 2260 S Broadway, Denver CO, 80210. We have been in business for seven outstanding years, our work is at an all time high and we have the greatest intentions on expanding our talent to a new location. With your help and support we can bring a quality, sterile, and positive new look for body art to the city of Wheat ridge. Business Hours Mon -Thu, Sun 12pm -IOpm Fri -Sat 12pm -12am Being open seven days a week separates us from other body artist shops who are normally open five to six days a week. This also advantages for our employees. When we (the employer) allow employees to work flexible schedules, whether the flexible work schedules involve compressing workdays or having fewer employees on shift, we found that we get the best out of our artist when they have this flexibility. Marketing Advertisement plays a major if not the biggest role in our business. Word of mouth means everything. We have made: stickers, banners, flyers, tee shirts and hats with our logo on them. Designed by professional communication design majors from Rocky Mountain College of Art and Design (just off Pierce and Colfax, this will also help bring customers to our business) We intend to involve the community around us by holding art shows and exhibits during our work hours honoring student art work and local art work from Colorado. Stay Local will also compete in tattoo conventions around the country along with our other shop Inferno Tattoo to help encourage the public to stop in and visit our custom upper class studio. Customers and Prices On average we currently get about one hundred customers a week. With Fridays and Saturdays being our busiest workdays. We can't say that the new location off 38`" and Wadsworth will be this promising considering this is a new location. We are expecting over the first couple of months we will reach that same traffic currency. Our prices vary depending on piece, size and color composition and piercing. Each artist is responsible for deciding what to charge the customer. For example an arm tattoo averaging 8 inches by 8 inches in full color would be about $250.00. The artist is entitled to payback 50% of their earnings to the shop. Paying for cleaning supplies and booth rentals. Not all tattoos will be this expensive, we do have a shop minimum of 50$. Piercings are 25$ including jewelry, we collect 50% of each piecing and we do provide the artist with his /her own needles and jewelry. * * *We appreciate you taking the time and effort in reading this over. We are looking forward to hearing your feedback. If you have any questions or concerns, you may email me at: lgarciagrmcad.edu 720.210.7762 personal cell 303.377.7698 Inferno Tattoo O F a �v N a M a y ? Q. OD G''C o N > R, Q U} O G ar u .Q r O 7' a V v p w 0 N b 0 N •V F m O G m N U I 0 r v c O n w O C 7 U r O v W L « m a L y u � O d � ti y o � O G v N C r� o y y y v W � C 09 C y O H u o « s 3 w o v pp O v O O rn O o a i o s - m r N L O fA fA 4 O 4 �O O�� C ca � 3 N O r C A =o o 0 A —W O v N v . s u`.. N � °' u v >, °> m w � 2 Z N M =a ti .� .5 .� O (w Y 3 O F a �v N a M a y ? Q. 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C U td v v 0 v 0 C� U .� �_ r" L `° 3 W �bD N 0 w v� U U O U O 7� ° m O V O a L pp 7 - '�0 0° O cy A CL O U ; L ° X X U X U O E t x x c0i x a°i Uv� a C V ��ZU� Cw d[- m cF�s ` W W ,°. W vC) ¢ �w a ¢F my z w w L w C & D Investments, LLC 3855 Wadsworth Blvd Wheat Ridge, CO 80033 303 - 424 -0606 April 11, 2011 Re: Lease of 3865 Wadsworth Blvd City of Wheat Ridge, C & D Investments, LLC has agreed to lease 3865 Wadsworth Blvd to Lucas Garcia for a tattoo business. If there is any other information needed please contact me at the above phone number or email me at carrie@naturalinteriors.us Thank you, Carrie Cutter, owner City Of 7500 West 29th Avenue Wheat edge Wheat Ridge, Colorado 80033 COMMUNITY DEVELOPMENT 303.235.2846 Fax: 303.235.2857 SPECIAL USE PERMIT EVAL UATION CRITERIA Criteria for review. The community development director or city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: [L] The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. • The health risks associated with commercial tattooing are often exaggerated when individuals or groups mount campaigns to prohibit the opening of tattoo shops in their community. Stay Local Tattoo assures that each artist is educated with the state health department regulations (centers for disease control CDC). We also provide any information regarding health issues, helping our customers and neighborhood feel safe. [2] The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. • Stay Local Tattoo will not be contributing in any physical changes to the neighborhood or surrounding area. All biohazard waste will be picked up by the state health department. [3.] The special use will not create adverse impacts greater than allowed under existing zoning for the property. • Stay Local Tattoo will never make any greater impacts than allowed under the existing zoning for the property. We will respect our space and time while open for business in the city of Wheat Ridge. [4.] The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. • Stay Local Tattoo will never assist in traffic congestion, etc. Our cliental at maximum will only take up to five or six customers a day. Most of which will be during the weekends. Throughout the seven years we have been open we have never had an issue with this. [5.] The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in hannony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. • Stay Local Tattoo has worked with our own private contractors and interior designers to make sure that we have the appropriate design needed to be compatible with the neighborhood and surrounding areas. We want to display a clean, sterile, and upper class tattoo shop. [6.] The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. • Stay Local Tattoo will never under any circumstances overburden the capacities of any existing streets, utilities, parks, schools and any other public facilities and or services. The majority of our advertisements will be done online and never done around any schools. I know that people in the surrounding area tend to feel uncomfortable because of this. We do understand and respect the schools and will not traffic in those areas. [7.] There is a history of compliance by the applicant and /or property owner with Code requirements and prior conditions, if any, regarding the subject property. • We have been open for seven years at our location in Denver Colorado off of Broadway and Illif. . We have complied to any and all regulations needed by the city of Denver. We are ready and willing to do the same for the city of Wheat Ridge, we are excited to move into the neighborhood. [8.] The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. • We are in substantial compliance with all of the applicable standards set forth in the ASDM. We are not making any changes to the property other than a couple counters and pluming changes. O l L City Of Wheat�ge �:ona� +auz`trr Deve>.orNten r LAND USE APPLICATION FORM Case No. SUP110d Date Received 412 6120 7 1 Related Cases Case Planner Mikulak Case Description SUP to allow a body art establishment - i .+lpyd'Cdnf /l,�oYmahex� Name Lucus Garca Name C ! Phone (720j 210.7762 �1 Address 3865 Wadsworth Blvd. City WheatRidg� State Kul Zip q L7 � Name Carrie Cutter —_ Name Phone (303) 42 0 -— Address 3855 Wadsworth Blvd. City Wheat Ridge --- - ' State NCO Zip';80 j Covrtacf /�vravahv� -- --- - - - - --- --- --- - -- -- Name Lucus G arcia Name F Phone (720762 Address 6604W.95Ef � City [Westminster State CO ' Zip 1 -_= F1ryWt 1I//elWdt% k Address 3865 Street Wadswort Boulevard City Wheat Ridge State CO Zip 80033 v r - -- ...-- - - -- -- - - - -- Location Description Project Name � ---..... - - -- Parcel No. 35-233.00 -0 Qtr Section: S= District No.: Reriew Pre -App Date 4/7/ 2011 Neighborhood Meeting Date 4!2612011 App No: APP1111 Review. Type Review Body Review Date Disposition Comments Report Review v- Admin - -- - - - - J C r � --- - -_ - - - -� 2 El v Record: 11 0 3905 of 3905 < L4 pd" C6n1� r addi t�,vf = 11 Of 8 I Do, k,.-- cf Ifi `« co CITY OF WHEAT RIDGE 04/28/11 12:13 PH edbb LUCUS GARCIA RECEIPT NO:CDD806138 AMOUNT FMSD ZONING APPLICATION F 300.80 ZONE PAYMENT RECEIVED AMOUNT CA 308.00 TOTAL 368.00 LAND USE CASE PROCESSING APPLICATION m Community Development Department 7500 West 29 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 c �tORAO� (Please print or type all information) l Applicant t ' n Addr I 965 JmS �I JA Phone 7Z07(O�7 Z Ci izl d State Zip Fax -. Owner ��l 5 Sw r Phone`. 606 City State ( Zip (O� Fax O 7 Contact �] Address 66(, (1 G(�j Y Phone g j ZO - DO, - 7 62 City I State O Zip — Soo Z ( Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side ❑ Change of zone or zone conditions (Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance /Waiver (from Section ) ❑ Other: n • . • , , • r r • r ZJIL��rii��iliz��ai i»�as�r���i�rav�►� Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power of ajtorney from tl p owner which approved of this action on his behalf. Signature of Applicant day of 1 20 ,�,pTA/�* PUBL To be filled out by staff: expires 5/7/�pl )J -iwz' Date receive Fee$.30dm Receipt No.CCD' C)&t Case No. '5 /q l� Comp Plan Desig. Zoning V, Quarter Section Map 54)aB Related Case No. Pre -App Mtg. Date Case Manager 0 J W 3 0 C Z � � o v W 2 �a Q o m N M It In Cq ti J 0 J W 3 0 C Z � � o v W 2 �a Q o m N M It In Cq ti y � � o r ^ 0 _ L � N M cV s w C < N C - LL1 J Q M CL aZ J aW co N � +, \ 6 'V 1a CL 0 J W 3 0 C Z � � o v W 2 �a Q o m N M It In Cq ti Restricted - Commercial (R -C) — Body art establishments are a Special Use in the R -C zone district. 3865 Wadsworth Boulevard • Stay Local Aerial City of 9 Wheatjdge CC_n DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: April 26, 2011 Attending Staff: Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29` Avenue Wheat Ridge, CO 80033 Property Address: 3865 Wadsworth Boulevard Property Owner(s): Carrie Cutter, C &D Investments Inc Property Owner(s) Present? No Applicant: Locus Garcia and Steve Smith (Stay Local Tattoo & Piercing) Existing Zoning: Restricted - Commercial (R -C) Existing Comp. Plan: Primary Commercial Corridor / Mixed Use Town Center Existing Site Conditions: The property is located at 3865 Wadsworth Boulevard and is zoned Restricted - Commercial (R -C). The site is entirely surrounded by commercially -zoned properties, including Commercial -One, Commercial -Two, Restricted- Commercial, and Plarmed Commercial Developments. Across Wadsworth to the east is a large shopping center that includes the Safeway market and several smaller retailers and fast food restaurants. The proposed location for the body art shop is in the Wadsworth Center development which currently includes a cigarette shop, tax services, legal services, and an organic home products store. The property is 23,827 square feet ('/2 acre) in size and includes a one -story 7,280 square foot structure.* The building was constructed in 1960 and is divided into five (5) commercial units, each with frontage on Wadsworth. Stay Local Tattoo & Body Piercing would occupy the middle unit. Surrounding the building to the east, south and west is a paved parking area that can accommodate about 25 vehicles. In the southwest corner of the lot is a 724 square foot metal shed. Applicant /Owner Preliminary Proposal: The applicants, Steve Smith and Lucus Garcia, are proposing to open a body art shop at 3865 Wadsworth Boulevard. The applicants would lease space, and the shop would be open seven days a week. Proposed hours of operation are 12pm - l Opm from Sunday to Thursday, and 12pm - 12am on Friday and Saturday. ovwev.cf.wheatridgexo.us The applicants currently own Inferno Tattoo in Denver where they have been in business for seven years; in addition, Mr. Smith has owned two tattoo shops in the past. The proposed body art shop would include tattoo and body piercing services as well as an art gallery component featuring local artists and student work. The following is a summary of the neighborhood meeting: • In addition to the staff and two applicants, three people attended the meeting to support the applicant. These attendees included a friend and two family members. • No other members of the public attended the neighborhood meeting. After waiting 20 minutes, the meeting was adjourned. • Staff reviewed the SUP process and next steps with the applicants and their supporters. • Staff received no comment from others in the area regarding the proposal. NOTICE OF NEIGHBORHOOD INPUT MEETING Stay Local Tattoo and Piercing is proposing a Special Use Permit on property located at 3865 Wadsworth Boulevard, Wheat Ridge. CO 80033. A neighborhood meeting will be held on Tuesday, April 26" at 6nm at the City of Wheat Ridge Municipal Building, 7500 W. 29 ° ' Avenue, Wheat Ridge, CO 80033. The purpose of the request is to allow Stay Local Tattoo and Piercing to open for business in the City of Wheat Ridge The City of Wheat Ridge has adopted a requirement that prior to any application for "a Special Use Permit" air applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearing in front of the Community Development Director and /or City Council where decisions are rendered. If you want input in the decision - making process, it is imperative that you attend the public hearing. The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • How will this proposal affect my property'? • Where will the storm drainage go? How will the project be designed to enhance rather than detract from the neighborhood'? • What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at: (303) 235 -2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29`" Avenue Wheat Ridge, Colorado 80033 WADS WORTH 4045 CONDOMINIUM ASSN INC % 4045 WADS WORTH LLC PO BOX 371562 DENVER CO 80237 LARATTA SAM 4040 YARROW ST WHEAT RIDGE CO 80033 WHEAT RIDGE 08 A LLC 12411 VENTURA BLVD STUDIO CITY CA 91604 YURIK JOHN J JR BERGKAMP HAROLD E YURIK LA VERNE N % WENDYS /ARBYS GROUP PROP TAX 1155 PERIMETER CENTER ATLANTA GA 30338 SOLA ALICA CARRILLO JAMES M CARRILLO MARIA R 3990 YARROW ST WHEAT RIDGE CO 80033 MACSALKA CLAIRE LOUIS GENEVA JOHN E 3960 YARROW ST WHEAT RIDGE CO 80033 LUNA LUCILLE 3940 YARROW ST WHEAT RIDGE CO 80033 PALMERI FRANK J PALMERI ROSEMARY 7891 W 39TH AVE WHEAT RIDGE CO 80033 KLM ENTERPRISES LLC 10997 ASH WAY THORNTON CO 80233 FISCHER GREGORY J FISCHER BARBARA R 4005 YARROW ST WHEAT RIDGE CO 80033 WHEAT RIDGE 08 A LLC 12411 VENTURA BLVD STUDIO CITY CA 91604 MADSEN ALBERT 3950 ZEPHYR DR WHEAT RIDGE CO 80033 ARCHULETA STEVE ARCHULETA GABRIEL J 3920 ZEPHYR DR WHEAT RIDGE CO 80033 ANDERSON ROBERT E 3221 N COMMERCE CT CASTLE ROCK CO 80104 DOMINGUEZ STEVEN D SR 3945 YARROW ST WHEAT RIDGE CO 80033 KUNZ LARRY L 101 BROADWAY ST 200 DENVER CO 80203 ZEPHYR MEDICAL COMMONS PH II PERKINS BETTY JANE OFFICEOWNERS ASSOC INC TRUSTEE % COLORADO PTA 15412E 42ND PL 7859 W 38TH AVE WHEAT RIDGE CO 80033 INDEPENDENCE MO 64055 WALTER R MORRIS IRA TRUST AGREEMENT % PRIVATE CLIENT GROUP 101 S 5TH ST LOUISVILLE KY 40202 WOLF LINDA SIOUX 4000 YARROW ST WHEAT RIDGE CO 80033 WHEAT RIDGE 08 A LLC 4855 WARD RD 600 WHEAT RIDGE CO 80033 SCHOTT MARGARET E 3995 YARROW ST WHEAT RIDGE CO 80033 SANDS KELLEY D CAMPOS SANDS MARIA V 3965 YARROW ST WHEAT RIDGE CO 80033 PIRO ALICE 3900 ZEPHYR DR WHEAT RIDGE CO 80033 CRAMER DWIGHT L TRUSTEE CRAMER BEVERLY A TRUSTEE 3901 WADSWORTH BLVD WHEAT RIDGE CO 80033 SMITH DANNY LEE 7801 W 39TH AVE WHEAT RIDGE CO 80033 HAMMOND LAND COMPANY LLC 7630 W 39TH AVE WHEAT RIDGE CO 80033 MOUNTAIN SPRINGS PLAZA CHAO LAI FONG LOECHER ROGER P LLC 7482 N DEPEW ST INVESTMENTS INTERNATIONAL 2821 S PARKER RD 215 WESTMINSTER CO 80003 5500 W 44TH AVE AURORA CO 80014 DENVER CO 80212 CARVER VAN E 302 POPLAR LLC WHEATRIDGE MEDICAL 6735 W 31ST AVE % MICHAEL DWYER PROPERTIES LLC DENVER CO 80214 PO BOX 3346 7821 W 38TH AVE BOULDER CO 80307 WHEAT RIDGE CO 80033 SNH CLEAR CREEK PROPERTIES TRUST 400 CENTRE ST NEWTON MA 2458 SOSNOWSKA BURG EWA 10632 CHADSWORTH LN HIGHLANDS RANCH CO 80126 C & D INVESTMENTS LLC 2355 YARROW ST LAKEWOOD CO 80216 ZEPHYR MEDICAL COMMONS OFFICEOWNERS ASSOC 7831 W 38TH AVE WHEAT RIDGE CO 80033 S G HOLDINGS LLC 7400 WINTER BERRY LN CASTLE ROCK CO 80108 WHEATRIDGE UNITED METHODIST CHURCH 7530 W 38TH AVE WHEAT RIDGE CO 80033 3765 COMPANY 966 S JOSEPHINE ST DENVER CO 80209 WADSWORTH BUILDING CORPORATION % ACCOUNTING DEPT 1650 S COLORADO BLVD DENVER CO 80222 3815 WADSWORTH LLC PO BOX 370327 DENVER CO 80237 MAESEL R YELENICK TRUST 955 EUDORA ST 1602E DENVER CO 80220 UNITED FOOD & COMMERCIAL WORKERSLOCAL 7R BUILDING ASSOCIATION 7760 W 38TH AVE WHEAT RIDGE CO 80033 B & L INVESTMENTS LLC 7805 W 38TH AVE WHEAT RIDGE CO 80033 BELLA LUNA INVESTMENTS LLC 7750 W 38TH AVE WHEAT RIDGE CO 80033 BUGELLIEMANUEL BUGELLI BIRTE ANN 5455 LANDMARK PL 1213 GREENWOOD VILLAGE CO 80111 K & B MANAGEMENT LLC 3790 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 3900 WADSWORTH BLVD 4045 WADSWORTH BLVD 4020 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3955 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3912 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3902 WADSWORTHBLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7615 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7615 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7790 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7750 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7809 W 38TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3800 ZEPHYR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3805 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3925 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7639 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3900 YARROW ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3895 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7720 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7820 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3830 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 7699 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 7750 W 39TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3800 ZEPHYR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3855 WADSWORTHBLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3810 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 3800 WADSWORTH BLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 3795 WADSWORTHBLVD WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 3765 WADSWORTHBLVD 7750W39THAVE 3820 WADSWORTHBLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 7391 W 38TH AVE 3815 WADSWORTH BLVD 7690 W 38TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 2 City of 4 jevo Wheat R , id e COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE- APPLICATION MEETING SUMMARY Meeting Date: April 7, 2011 Applicant: Stay Local Tattoo & Body Piercing Locus Garcia, lgarciaCrincad.edu Steve Smith, infernotattoo(cr�,live.com Attending Staff: Sarah Showalter, Planner II Lauren Mikulak, Planner I Specific Site Location: 3865 Wadsworth Boulevard, Wheat Ridge, CO 80033 Existing Zoning: Restricted - Commercial (R -C) Existing Comp. Plan: Primary Commercial Corridor / Mixed Use Town Center Existing Site Conditions: The property is located at 3865 Wadsworth Boulevard and is zoned Restricted - Commercial (R -C). The site is entirely surrounded by commercially -zoned properties, including Commercial -One, Commercial -Two, Restricted - Commercial, and Planned Commercial Developments. Across Wadsworth to the east is a large shopping center that includes the Safeway market and several smaller retailers and fast food restaurants. The proposed location for the body art shop is in the Wadsworth Center development which currently includes a cigarette shop, tax services, legal services, and an organic home products store. The property is 23,827 square feet (% acre) in size and includes a one -story 7,280 square foot structure. The building was constructed in 1960 and is divided into five (5) commercial units, each with frontage on Wadsworth. Stay Local Tattoo & Body Piercing would occupy the middle unit. Surrounding the building to the east, south and west is a paved parking area that can accommodate about 25 vehicles. In the southwest comer of the lot is a 724 square foot metal shed. Applicant /Owner Preliminary Proposal: The applicants, Steve Smith and Locus Garcia, are proposing to open a body art shop at 3865 Wadsworth Boulevard. The applicants would lease space, and the shop would be open seven . All parcel data is from the Jefferson County Assessor's Office. days a week. Proposed hours of operation are 12pm - IOpm from Sunday to Thursday, and 12pm - 12am on Friday and Saturday. The applicants currently own Inferno Tattoo in Denver where they have been in business for seven years; in addition, Mr. Smith has owned two tattoo shops in the past. The proposed body art shop would include tattoo and body piercing services as well as an art gallery component featuring local artists and student work. Will a neighborhood meeting need to be held prior to application submittal? Yes, the request for a Special Use Permit requires a neighborhood meeting. Planning comments: The site is zoned Restricted - Commercial (R -C). Body art establishments require a Special Use Permit (SUP) in all commercial zones, including the R -C zone district. Please see the process section below for more information about the SUP process. The property owner has expressed to the applicant that parking is shared among tenants and not assigned. There appears to be sufficient parking on the property to accommodate customers and employees for all five units. Wadsworth Boulevard is a primary commercial corridor in the City of Wheat Ridge. As a state highway, Wadsworth is also a major regional thoroughfare that sees high traffic volumes and commercial activity throughout the day. There are several businesses along Wadsworth that are open late or around the clock. For these reasons, the proposed body art shop is considered an appropriate use in this location, and the applicant may move forward with the SUP process. Special Use Permit Process The first step in the SUP process began with the pre - application meeting on April 7, 2011. The second step required by the Community Development Department will be to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 foot radius. A sample notification letter will be provided and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. A fee of $100 is required for staff to be present at this meeting. Meetings can be held at City Hall or any location the applicant desires. All costs associated with meeting, its location, and mailings will be paid by the applicant. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit their application for the Special Use Permit. Upon the submittal of the application for the Special Use Pen the application will be reviewed by the case manager and sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. Once the review of the application is complete, the property must be posted for a minimum of 10 consecutive days. In addition to the sign, the Community Development Department will notify adjacent property owners in writing of the request. If no legitimate complaints are received regarding the request within the I0 -day period, the application for a Special Use Permit may be reviewed administratively. If a complaint is received by the Community Development Department, then the request for the Special Use Permit will be decided upon at a public hearing before the City Council. If the application is reviewed administratively and denied, the applicant can be appeal the decision to the City Council. If a hearing before City Council is required for any reason, the neighborhood will be notified and the property shall be posted for a 15 day period. At the public hearing staff will present evidence to recommend the approval, approval with conditions, or denial of the Special Use Permit. The public will be allowed to present evidence or give testimony in support or in opposition of the project. The City Council will approve, approve with conditions, or deny the project based on the testimonies given by staff, applicant and the public. Architectural and Site Design Manual (ASDM) The Architectural and Site Design Manual (ASDM) does not apply because the proposal does not include any site improvements. Building Division comments: The building division was not present at the meeting and has no comments. Public Works comments: Public Works was not present at the meeting and has no comments. Attachments: Pre - application transmittal sheet Phone Numbers Meredith Reckert — Senior Planner Sarah Showalter — Planner II Lauren Mikulak — Planner I John Schumacher — Chief Building Inspector 303 - 235 -2848 303 - 235 -2849 303 - 235 -2845 303 - 235 -2853 PreappNo:. APPI111 PreappDate: C 4f7f2011 ApplicantName; Lucas Garcia ProjectStreetNo:. 3865 Wadsworth Blvd E] PreappFeePd PreappFee: Nbadmeetin NbadmeetingFeePd NbadmeetingFee: $0 Notes:` fees not paid Case # Permit #: Record: V1 V1G1 4 4"a IDa GE OF WHE edba GARCIA /LUCUS R RECEIPT NO:CDA085793 AMOUNT FMSD ZONING APPLICATION F 102.08 ZONE PAYMENT RECEIVED AMOUNT VS 0258 102.00 Auth Code: 695506 TOTAL 182.88 Pam ff of 405 NE CITY GF RID 84/86/11 HH bb GARCIA /LUCUS R RECEIPT NO:CDD866635 AMOUNT FMSD ZONING APPLICATION F 208.80 ZONE PAYMENT RECEIVED AMOUNT US 8258 Ruth Code: 288.08 726727 TOTAL 288.88