HomeMy WebLinkAboutWZ-08-05City of
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COMMUNCIY DEVELOPMENT
City of Wheat Ridge Municipal Building
May 2, 2011
Daniel Dearing
14395 Braun Road
Golden, CO 80401
RE: Case No. WZ -08 -05
Dear Mr. Dearing:
7500 W. 29 ° ' Ave. Wheat Ridoe, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your request for approval of a zone change from A -1 to Planned Commercial
Development (PCD) zoning and for a Concept Outline Development Plan approval.
The initial application was filed with the City Community Development Department on July 18, 2008.
The last formal activity on the application was a Planning Commission public hearing held on April 15,
2010 where a recommendation of denial was made. In the later part of December of 2011 you and I had a
conversation regarding the application where you indicated you were not in the position to move forward
with the application.
It is departmental policy that if no action occurs on an open case file within sixty days, the case can be
closed. Subsequent action on the property will constitute a new application with new fees required.
Please contact me at 303 - 235 -2848 if you have any questions.
Sincerely,
Meredith Reckert, AICP
Senior Planner
w w w. c i. ry h e a t r i d g e. co. u s
City of Wheat Ridge of "Eqr
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Community Development Department °
Memorandum c �L pR A��
TO: Ken Johnstone
FROM: Meredith Reckert
SUBJECT: 4855 Miller Street
DATE: September 17, 2007 (updated December 2010)
The following is to serve as the sequence of events with regard to an auto sales facility at 4855
Miller Street. It also contains information pertinent to 4859 Miller Street. All properties are owned
by 4855 Miller Street LLC (Richard and Daniel Dearing).
PROPERTY CONFIGURATION AND ZONING
The property in question is owned by Dan and Dick Dearing and is comprised of four parcels.
4859 Miller Street is comprised of two parcels and extends roughly 510' to the west from the Miller
Street right -of -way. Total size of the two parcels is 1.88 acres. It is zoned A -1. The A -1 zone
district is a zone district which allows single family residences and agricultural uses such as general
farming operations, greenhouses and landscape nurseries, fish hatcheries and riding stables. The
parking of equipment, implements, machinery and trucks is allowed only as an accessory use to an
agricultural or public maintenance operation. It cannot be used for parking by adjacent commercial
uses.
The western portion of this site is used by Abra auto body for vehicle storage> Improvements
(paving) were made without approval by the City. The auto body repair facility (Abra) is addressed
as 10501 W. I -70 Frontage Road North. It is zoned PID.
A nonconforming vehicle sales lot zoned C -1 is located at 4855 Miller. This property is leased by
Phil Wolf. It is nonconforming as no SUP was ever granted for the vehicle sales and it does not
meet the city landscape standards for auto sales facilities.
SEQUENCE OF EVENTS
? 2000: Mr. Wolf leases the west half of 4855 Miller Street. The east half is used by a moving
company (Two Men and a Truck). When the moving company's lease expires Mr. Wolf applies for
a business license to occupy the structure on the property for office space.
August 7, 2000: Business license is approved for auto leasing and sales for what Mr. Wolf claims
as the east half of 4855 Miller. Approved by City of Wheat Ridge Community Development
Department. Address is shown as 10501 W. 48` Avenue, Unit A.
November 8, 2004: Property owner was put on notice via letter regarding the need for paving.
February 3, 2005: Mr. Wolf meets with City personnel regarding the properties at 4855 and 4859
Miller Street. At the meeting Mr. Wolf was informed that he needed an SUP to expand the car sales
lot and allow auto service, repair and maintenance on 4855 Miller Street. Discussed also were the
requirements for a commercial zone change for 4859 Miller and the existing zone violation for
parking lot paving at 4855 Miller Street.
May 3, 2005: Demolition permit is issued for the structure on the east half of the property at 4855
Miller Street.
January 11, 2007: Business license renewal form is submitted to city for 4855 Miller Street.
April 4, 2007: Property is inspected by Hagerman, Backus and Reckert.
April 17, 2007: Warning notice is sent to owners and tenant for 4855 and 4859 Miller Street.
April 30, 2007: Hagennan, Backus and Reckert meet on -site with property owners (Richard and
Daniel Dearing), Mr. Wolf and Tony Kervitsky to discuss violations.
May 11, 2007: A fence permit is issued for 4859 Miller Street. A condition of issuance is that the
permit does not imply that the property can be used for commercial purposes.
May 21, 2007: Letter sent to property owners regarding clarification of the violations.
May 22, 2007: A letter is sent to Mr. Wolf detailing the violations on both properties. Attached was
a copy of the pre - application meeting minutes where Mr. Wolf was informed that he needed an SUP
to expand the car sales lot and to allow auto service, repair and maintenance on 4855 Miller.
Discussed also were the requirements for a commercial zone change for 4859 Miller and the existing
zone violation for parking lot paving on 4855 Miller.
May 30, 2007: David Moore, an engineering and design consultant, met with Meredith to discuss
the violations and what is needed to correct the situation. We discuss both the SUP and zone change
requirements. He is informed that he and the property owner need to apply for a pre - application
meeting.
June 18, 2007: Property inspection occurs. Officer Backus attempts to issue Mr. Wolf summons to
court and he refuses it.
June 26, 2007: Summons is sent to Mr. Wolf with court date of July 5, 2007.
June 29, 2007: Updated business licenses are approved.
July 5, 2007: Mr. Wolf appears for his arraignment and pleads not - guilty and requests a trial. The
judge grants a trial date of September 10.
July 19, 2007: Daniel Dearing and his consultant, David Moore, meet with the Planning Staff in a
pre - application meeting to discuss the requirements for a commercial zone change. The property
which is zoned A -1 does not permit the use of the property for commercial auto sales and storage.
At the pre -app, staff indicates that code enforcement action will be put "on- hold" if the applicant
proceeds with the necessary steps for zone change.
August 29, 2007: Letter is sent to Mr. Dearing regarding lack of activity on the needed zone change
at 4859 Miller Street.
September 5, 2007: Meredith and Dan Dearing have a telephone conversation regarding her
August 29, 2007 letter. He indicated that they do not want to take any action on the zone change
pending action with Mr. Wolf s court date. He was informed that as the property owner, he is
ultimately responsible for what happens on his property and that he had indicated previously that
they (the owners) were going to cooperate with the city. He was also informed that the city
prosecutor is pressing for citation for the Dearings for both properties.
September 7, 2007: City officials receive a "request for production of documents." The request is
forwarded to Jerry Dahl.
October 2, 2007: Complaint received regarding 4859 Miller. Violation notice issued for littering,
unlawful activities, weeds.
October 24, 2007: Application for paving permit submitted.
November 11, 2007: Recheck on 4859 Miller by CSO. Violations included 6 inoperable vehicles,
two trailers, two semi trailers without wheels, rolls of fencing, weeds, trash and junk.
November 13, 2007: Administrative citation issued.
February 10, 2008: Recheck by CSO.
February 11, 2008: Owner talks with CSO regarding violations. Citation sent.
May 20, 2008: Neighborhood meeting for zone change on 4859 Miller held.
July 15, 2008: Zone change application submitted for 4859 Miller from A -1 to PCD.
August 18, 2008: Comment letter sent regarding zone change application. Owner informed staff
does not support without southern parcel (existing car lot) included.
August 2008: Per negotiation with city prosecutor, tenant (Wolf) agrees to pave, install bushes
around the perimeter and get a sign permit. Permits approved. Inspection performed on parking lot
improvements for 4855 Miller. All complete including landscaping.
June 30, 2009: Received complaint re. 4855 Miller Street regarding violations for obstructing
sidewalk and prohibited (illegal) sign (sign on boom vehicle). Warning notice sent by Kristy Shinto.
Also observed that landscaping installed was dead.
July 2, 2009: zone change modifications submitted.
July 15, 2009: Summons sent
July 27, 2009: Mr. Wolf pleads Not guilty and pretrial conference is set for august 26, 2009.
August 5, 2009: comment letter sent regarding zone change application. Owner informed again
that staff does not support without southern parcel included.
August 26, 2009: Mr. Wolf pled guilty and was fined with suspended fines subject to no violations
in one year.
January 15, 2010: zone change modifications submitted.
February 11, 2010: comment letter sent.
March 15, 2010: letter sent regarding scheduling for April 15, 2010 Planning Commission hearing.
April 15, 2010: Planning Commission public hearing for zone change on 4859 Miller Street to
PCD. Staff recommends denial for the following reasons:
1. The proposed rezoning would effectively allow for the expansion of an illegal
nonconforming use.
2. The proposed haphazard development scenario will not be a positive contribution to the
area.
3. The City's zoning and development code does not make allowances for "interim uses ". .
4. There will be minimal economic benefits to the city.
Staff report is attached.
Planning Commission recommends denial for the following reasons:
1. The proposed rezoning would effectively allow for the expansion of an illegal
nonconforming use.
2. The City's zoning and development code does not make allowances for "interim uses ".
3. There will be minimal economic benefits to the City.
Planning Commission minutes are attached.
May 5, 2010: Follow -up meeting to April 15, 2010 Planning Commission public hearing. Persons
in attendance: Meredith Reckert, Ken Johnstone, Dave Brossman, Dan Dearing, Dick Dearing, Andy
Marner (owners' engineer/representative). It was indicated that it was up Dan Dearing (property
owner) as to what happen on the existing car lot (Wolf as tenant). He was worried about the cost for
upgrading to the city standards and was also worried about the required right -of -way dedication for
the frontage road, Miller and the comer radius. He thought that eventually the entire property would
be developed but is unsure when that would happen or what the ultimate use would be.
It was indicated by Andy that if the entirety of the properties would be paved, a storm sewer line
would be required in Miller Street, the cost of which would be born by the owners.
We indicated that the need for future right -of -way could be dealt with as a reservation versus a
dedication. Andy and Dan wondered if it would be possible to shift the right -of -way for Miller
Street to the east so their site would be less impacted. It was indicated that staff would research
whether this was feasible or not. The A -1 zoned parcel cannot be legally used for ancillary
commercial parking.
4
May 12, 2010: Discussion at micro dev regarding alignment of Miller and whether it can be shifted
to the east onto the American Motel property. City Council first reading on zone change set for June
14.
May 13, 2010: I email Andy to inquire about moving forward with first reading at CC with current
plan and staff denial recommendation. He thought that unless there was a change in the roadway
design, Dan would probably want to move forward.
June 2, 2010: Receive verbal response from Public Works at Micro Dev regarding the alignment of
the north frontage road /Miller section and how it impacts the Wolf car lot. It was indicated that the
right -of -way needed comprises about 2600 square feet or 6.5% of the existing property. The turn
radius is required to be larger since the configuration must accommodate semis. In order to shift the
r -o -w to Miller to the east, would have to reconstruct and relocate all existing curb and gutter on the
east side of Miller Street from the frontage road north to 50` Avenue, including portion adjacent to
Sanders. We ask for something in writing to forward to Dan and Andy.
June 28, 2010: Mark Westberg provides written analysis regarding right -of -way needs.
July 23, 2010: Follow -up meeting to Public Works analysis of road improvements. Persons in
attendance: Meredith, Mark W. Steve N, Andy Marner and Dan Dearing. Mark explains the
analysis and impact to City regarding existing curb and gutter on Miller. The applicant inquires
about what would happen if the south piece (Wolf lot) is included in zone change? City would like
r -o -w reserved for future construction which at the time would be purchased. Could reservation area
be used in the meantime? Parking is already occurring in the city r -o -w. Upon zone change parking
would have to shift out of r -o -w and a 10' wide landscaped buffer would be required behind the
reservation (to meet current car lot code).
Andy shows different display lot drawings. Dave thinks the site drainage required by the net
reduction on the south with new 10' wide before could be compensated on the north with
improvements. We suggest that we move forward with concept ODP and define uses for future
development of entire piece. Andy says he will prepare some drawings showing impact and
tentative layout with reservation and 10' wide buffer.
August 31, 2010: I email Andy asking the status of a resubmittal. No response.
Page 1 of 1
Meredith Reckert
From:
Meredith Reckert
Sent:
Tuesday, August 31, 2010 12:49 PM
To:
andy @vlcinc.com
Subject:
Dearing property
Hi, Andy
I just wanted to check the status of any resubmittal for the Dearing /Wolf property.
Thank
M
Meredith Reekert, AICP
Senior Planner
7500 �N. 1 V Avenue
Wheal Ridee,CIO 80033
Office Phonc: 363- 23� -2S
t'AX 303- 233 -_S5
vvww.ci. wheatridee.co.us
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CONFIDENTIALITY NOTICE: This e -mail contains business- confidential information. It is intended only for the use ofthe individual or entity
named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this
communication is prohibited. If you received this communication in enot', please notity as immediately by c -mail, attaching the original
message, and delete the original message from your computer, and any network to which your cotnputer is connected. Thank you.
9/2/2010
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PUBLIC WORKS
Memorandum
TO: Meredith Reckert, AICP, Senior Planner /
FROM: Mark Westberg, PE, CFM, Project Supervisor /�1�1 �✓
DATE: June 28, 2010
SUBJECT: 4855 Miller Street, Wolf Automotive
Public Works staff has reviewed the minutes of the April 15, 2010 Planning Commission
meeting, concerning the property at the intersection of Miller Street and the North Frontage
Road. We have the following comments concerning the right -of -way needs for the proposed
realignment of that intersection:
Existing Right -of -Way — The existing rights -of -way has the following dimensions:
a. Miller Street — 70 feet wide, originally 60 feet, an additional 10 feet was already
obtained from the east side
b. North I -70 Frontage Road — Part of I -70 right -of -way — Total 300 feet wide
c. Northwest corner of intersection — Triangle to accommodate radius with the
following dimensions:
i. 28 feet north -south
ii. 36 feet east -west
2. Proposed Right -of -Way Reservation — The proposed right -of -way reservation has the
following dimensions:
a. Total area — 2667 square feet
b. Additional north -south — 91 feet
c. Additional east -west — 80 feet
d. Additional from triangle — 29 feet
3. Existing Miller Street — The existing street has the following dimensions:
a. Existing asphalt— 38 feet wide
b. Back of sidewalk to back of sidewalk — 50 feet
c. Back of sidewalk to east right -of -way — 6 feet
d. Back of sidewalk to west right -of -way —14 feet
4. Proposed Street — The proposed street has the following dimensions:
a. Centerline radius —150 feet, minimum necessary to ensure safe travel by large
trucks
i. JeffCo standard for 30 mph is 275 feet
ii. Lakewood standard is 150 feet for local streets, 300 feet for collector streets
iii. Both streets are collector streets with 35 mph speed limits
b. Right -of -way radius —122 feet
5. Applicant's suggestion — The street should be shifted to the east to reduce impact to
property. The following impacts result from a 10 foot shift to the east:
a. Property south of 49 Avenue
i. Lose approximately 3,000 square feet of property
ii. Relocate two utility poles
iii. Relocate 3 signs
iv. Removal of two large trees
b. Property north of 49` Avenue
i. Lose approximately 2,000 square feet of property
ii. Relocate 3 signs
iii. Removal of a large tree
c. Wolf Automotive
i. Lose approximately 1,300 square feet of property
d. Intersection and Street Reconstruction
i. Miller Street and 50 Avenue intersection — Reconstruction of two legs of this
three legged intersection
ii. Miller Street and 49 Avenue intersection — Reconstruction of entire
intersection
iii. Miller Street between North I -70 Frontage Road to 50 Avenue — Reconstruct
360 feet of this street
Given the above information, the design that was presented at the meeting represents the
absolute minimum design and has the least impact on all of the adjacent property owners and
on the City budget.
If you have any questions or comments, please let me know.
Page 1 of 1
Meredith Reckert
From: Meredith Reckert
Sent: Friday, June 25, 2010 8:57 AM
To: ' aqueduct.engineering @gmail.com'
Subject: Dearing
Hi, Andy
I wanted to get back to you regarding the issue of the frontage road improvements relative to your client's
property. The bottom line is that Public Works does not support shifting the road as we had discussed a
while back due to impacts to other properties. I am waiting for something in writing as to their rationale.
It should be ready on Monday. Sorry about the delay.
Once you receive it and have a chance to digest the info, we should get together or at least speak about
how Dan would like to proceed. Also, as an FYI- I will be out of the office starting on Wednesday, June
30 for a week or so.
Meredith
Meredith Reekert, AICP
S ^dnun Planner
7500 NV- 29 Avenue.
Wheal Riche, CO 80033
Office Phone: ;03- 235 -284S
FAY: 303 - 235 -2857
www. ci. wheatrid se. co.us
t 1tl' Oil -j.-
s.7.',3 bilJ:Vi TV' [;3FV}`I k 3 E`.153;NI
CONFIDENTIALITY NOTICE: This a -mail contains business - confidential information. It is intended only far the use of the individual or entity
named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this
communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original
message, and delete the original message fican you computer, and any network to which your computer is connected. Thank you.
6/25/2010
City of
Wheat dge
COMMUNITY DEVELOPMEN - 1
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303235.2846
June 2, 2010 Micro Dev Discussion Items
Start time: 2 PM
Major Building Permits
Land Use Cases - 1 S
C'\ S N�Q
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t' UJ *r re c1 'S i
Pre - application meetings
June 3 pre -apps
2 PM: SUP for Budget truck rental at 6065 W. 48th
3 PM: New building construction in I zone at 4965 Van Gordon
Other City projects items or events of general interest !
• On -street parking at 44 Avenue Industrial Park —
Su r� c - S" \Y VG Y k.t ✓j c. ` ( ulti.r" c>L.. —� Fa s ✓ t,!- ..c�r,'E 1 - � �-
Upcoming dates 50' vi 4A, 10� - h
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• June 2: Neighborhood meeting — Amended ODP for 44 "' Avenue Industrial Park to allow car
sales
• June 3: Planning Commission — signs in the r -o -w, et at public hearing
• June 9: Neighborhood meeting— SUP to allow landscape contractor at 4320 Kipling
• June 9: Neighborhood meeting— SUP to allow vehicle sales at 4949 Marshall
• June 14: City Council: acceptance of resolution for annexation petition (ANX- 02- 10/50 "' &
Kipling remnant r -o -w)
• June 14: 5130 Parfet Street - Hoss summons and complaint — Municipal court @ I PM
•
J une 28: City Council — PH for ODP amendment for AFPD at 5250 Oak, PH for signs in r -o -w
Juk tt. 2v. CG c.5 1 e.61 V - N.0.
Outside Agency projects /issues M U Y__
June 10 pre -apps
2 PM: 10019 W. 26 "' Avenue — new service on existing CMRS tower
3 PM: 4175 Harlan Street — SUP for car dealership in C -1
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Page 1 of 2
Meredith Reckert
From:
Meredith Reckert
Sent:
Thursday, May 13, 2010 9:00 AM
To:
' aqueduct.engineering @gmail.com'
Subject:
RE: Dearing
It'll probably be next week. What I would suggest for the time being is that we bump the May 24 first reading by
two weeks to June 14 with the public hearing July 12. 1 actually would have to have a report prepared by
tomorrow for the May 24 meeting. We should have an answer from Public Works by then upon which Dan can
make a decision.
Meredith Reckert, AICP
Senior Planner
Office Phone: 303 -235 -2848
W c,�tty «i
From: Andy Marner [ mailto: aqueduct.engineering @gmail.com]
Sent: Thursday, May 13, 2010 8:55 AM
To: Meredith Reckert
Subject: Re: Dearing
I will check with Dan. I think he will want to proceed if there is no change on the new alignment for the
frontage road. How soon do you think we might hear back from Public Works? I think his decision will
rest on what comes out of their decision.
Andrew Marner, P.E.
Aqueduct Engineering
(720) 251 -4192
aqueduct. e:ng nee rill c @amail. com
John 3:16
On 5/13/2010 8:52 AM, Meredith Reckert wrote:
Hi, Andy
I am emailing to confirm that we are putting off the City Council first reading on May 24 and public hearing on
June 14 pending discussion /redesign of the frontage road improvements. We discussed it again yesterday at our
team meeting and Public Works said they would take a look at the proposed configuration. If the position has
changed and your client wants to move forward with those dates and a denial recommendation, please let me
know at your earliest convenience.
M
Meredith Reckert, AICP
Senior Planner
7500 W.29 "Avenue
Wheat Ridge. CO 80033
Office Phone: 303 -235 -?.848
1 -kX: 303- 235 - ^S57
, ,N , ww.ci.wheanid2e.co.us
5/13/2010
Page 2 of 2
City of
Wheat Rtdge
l'okisit3Ni7Y [)fVIIOrsii NI
CONFIDENTIALITY NOTICE: This e-mail contains business- confidential information. It is intended only for the use of the individual or entity named
above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is
prohibited. If you received this communication in erro please notify us immediately by e -mail, attaching the original message, and delete the original
message fort your computer, and any network to which your computer is connected. Thank you.
5/13/2010
Page I of 1
Meredith Reckert
From:
Meredith Reckert
Sent:
Thursday, May 13, 2010 8:52 AM
To:
' aqueduct.engineering @gmail.com'
Subject:
Dearing
Hi, Andy
I am emailing to confirm that we are putting off the City Council first reading on May 24 and public hearing on
June 14 pending discussion /redesign of the frontage road improvements. We discussed it again yesterday at our
team meeting and Public Works said they would take a look at the proposed configuration. If the position has
changed and your client wants to move forward with those dates and a denial recommendation, please let me
know at your earliest convenience.
M
Meredith Reckert, AICP
Senior Punter
7500 W. 29 ' Avenue
Wheat Ridee. CO 80033
Office Phone: 303- 235 -2838
IFAK: 303 -235 -285'
iv
co.us
[ t; ily of
�IUNI YS t`}I ROVN1FNI
CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named
above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is
prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original
message from your computer, and any network to which your computer is connected. Thank you.
5/13/2010
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MINUTES
RENEWAL WHEAT RIDGE
May 4, 2010
Call the Meeting to Order
The meeting of Renewal Wheat Ridge was called to order by Chair Adams at 6:02
p.m. in the council chambers of the Municipal Building, 7500 West 29 Avenue,
Wheat Ridge, Colorado.
2. Roll Call of Members
Authority Members Present: Rick Adams
James Bahrenburg
Walt Pettit
Tom Radigan
Larry Schulz
Authority Members Absent: Becky Bye
Janet Leo
Also attending: Patrick Goff, Executive Director
Hillary Graham, RWR Attorney
Bill Cunningham, Leland Consultants
Ann Lazzeri, Recording Secretary
3. Approval of Minutes — March 2, 2010 and April 20, 2010
It was moved by Walt Pettit and seconded by James Bahrenberg to approve
the minutes of March 2, 2010 as presented. The motion passed unanimously.
Tom Radigan noted a correction to the minutes of April 20, 2010: Item No. 6
Sub -Area Market Studies should be clarified to reflect that Anne Ricker was not
present at the meeting.
It was moved by Walt Pettit and seconded by James Bahrenberg to approve
the minutes of April 20, 2010 as amended by Tom Radigan. The motion
passed unanimously.
4. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
There was no one present to address the Authority.
RWR Minutes - 1 - May 4, 2010
5. Staff Updates
• Patrick Goff reported that he had just received a letter from the Jefferson
County Public Library Chair indicating excitement about participating in the
project at 44` and Wadsworth.
6. Sub -Area Market Studies — Bill Cunningham, Leland Consulting
Mr. Cunningham presented this matter in the absence of Anne Ricker who was
unable to attend the meeting. He reviewed summaries of the sub -area market
study prepared by Leland Consulting for the I -70 and Kipling Node and the 38`
Avenue and High Court Node. The summaries included demographics,
psychographics (psychographics go beyond basis demographics to describe
characteristics of people and neighborhoods regarding attitudes, interests,
opinions and lifestyles), residential demand and retail demand. He further
reviewed office and employment demand, urban renewal considerations,
ownership and utilization, and revenue potential for the two areas.
Anne Ricker of Leland Consulting will present summaries of the other two area
market studies at the June meeting.
WZ -08 -05 /Dearing for 4859 Miller Street — Zone Change Request
The Community Development Department received a request for a zone change
from Agriculture -One to Planned Commercial District for property located at
4859 Miller Street. City Code requires review by Renewal Wheat Ridge (RWR)
of land applications in urban renewal areas. RWR is then required to snake a
recommendation based on its review as to whether the request is in compliance
with the I -70 /Kipling Corridors Urban Renewal Plan.
The Urban Renewal Concept Plan recommends that the subject property be
considered for Commercial uses which would be adjacent to Employment uses.
Staff s findings were that the change is in conformance with the I -70 /Kipling
Corridors Urban Renewal Plan. The intended use of the property is to allow
expansion of vehicles for display. This use would be considered "flexible" and
could adapt to changing market conditions.
It was moved by Larry Schulz and seconded by James Bahrenberg that
Renewal Wheat Ridge accepts staff's recommendation for the land use
application at 4859 Miller Street. The motion passed unanimously.
RWR Minutes -2- May 4, 2010
8. Other Matters
Library Donation Investment Agreement — When their property was sold, the
Vohaska's donated $100,000 toward a library building at 44` and Wadsworth.
The original library payment agreement provided for the money to be returned if
not used for a library project within ten years. However, Mr. Goff's
conversations with the Vohaska's clearly indicated that the money was donated in
order to obtain a tax write -off and they have no intentions of ever receiving the
money back. The Vohaska's have signed an amended agreement to this effect.
Renewal Wheat Ridge turned the $100,000 over to the Wheat Ridge Foundation
for investment. The Foundation has now requested a formal agreement with
RWR outlining how the money is to be invested and how the money is to be
turned over to RWR.
It was moved by Larry Schulz and seconded by James Bahrenberg to
approve the library donation investment agreement as presented in the
meeting. The motion passed 4 -1 with Tom Radigan voting no.
Tom Radigan commented that there would be significant tax benefits if the
Foundation were located in an enterprise zone.
It was moved by Walt Pettit and seconded by James Bahrenberg to direct
Patrick Goff to take the money out of the Foundation's account when the
balance is back to $100,000. The motion passed unanimously.
9. Adjournment
The meeting was adjourned at 8:00 p.m. The next meeting will be held on June
1, 2010.
Rick Adams, Chair Ann Lazzeri, Recording Secretary
RWR Minutes - 3 - May 4, 2010
City of
Wheat �idge
COMMONITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
April 22, 2010
Andrew Marner
Aqueduct Engineering, LLC
12378 W. Aqueduct Dr.
Littleton, CO 80127
Dear Mr. Marner:
At its meeting of April 15, 2010, Planning Commission recommended DENIAL of Case No. WZ-
08-05, a request for approval of a zone change from Agricultural -One (A -1) to Planned
Commercial Development (PCD) and approval of a conceptual Outline Development Plan for
property located at 4859 Miller Street for the following reasons:
The proposed rezoning would effectively allow for the expansion of an illegal
nonconforming use.
The City's zoning and development code does not make allowances for "interim uses ".
There will be minimal economic benefits to the City.
Enclosed is a draft copy of the minutes stating the Commission's decision. Your request for
approval of a zone change with a conceptual Outline Development Plan is scheduled for public
hearing before City Council at 7:00 p.m. on June 14, 2010. Twenty -three (23) copies of the full -
sized, pre - folded plans plus one (1) reduced copy are required by May
Please feel free to contact me at 303 - 235 -2846 if you have any questions.
Sincerely,
Kathy Field
Administrative Assistant
Enclosure: Draft of Minutes
cc: Daniel Dearing
4859 Miller Street, LLC
14395 Braun Rd.
Golden, CO 80401
WZ -08 -05 (case file)
WZ0805doc
www. ci.wheatridgexo.us
The motion carried 4 -0 with Commissioners BUCKNAM, DIETRICK and
TIMMS abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
There were no individuals present who wished to address the Commission at this
time.
PUBLIC HEARING
A. Case No. WZ- 08 -05: An application filedby Darnel Dearing for approval
of a zone change from Agricultural -One to.Planned C66 ercial
Development and approval of a C iceptual Outline Deve16pment Plan for
property located at 4859 Miller 9 et
This case was presented by Meredith Reckert sh6 entered all pertinent
documents into the record andinformed the Coriiinssion there was jurisdiction to
hear the case. She reviewed the gaff zeport and drgrf -Alpresentation. She noted a
correction to her report: the pro pprty�nque�stion is lo 1600 feet from the
Medved Autoplex rather than 600
Staff concluded thafw le the Compr6hensive Plan and Urban Renewal Plan
designate thisA ea as "eriiployment ", the proposed investment in the property is
minimal and the one change will resul6nexpansion of an illegal nonconforming
use. Staff does ncS�suort this ape of incremental" zoning where a commercial
use wft untle tittle be fi the City. Staff would support a rezoning
t}ncluded t he south and brought the entire operation into a higher
Nvel of compharfee with tlfe City's zoning and development standards. The
applicant did not itrdcate a willingness to take that approach. Therefore, staff
Ms. Re& the record her memorandum dated from April 15, 2010
to the Plannr4Wmmission presenting the history related to the subject property.
(In Chair MATTHEW's absence, Vice Chair BUCKNAM served as Chair for the
remainder of the meeting.)
Commissioner TIMMS asked if the approved FDP and front fagade building
permit for the property at 10501 West I -70 Frontage Road referenced anything
about an additional parking lot on Parcel B. Ms. Reckert replied that they did not.
In response to another question by Commissioner TIMMS, Ms. Reckert explained
that there is usually an expiration on an FDP; however, ODP's generally run with
the land. There is nothing that addresses time limits for an interim use which is
intended in this case.
Planning Commission Minutes 2 April 15, 2010
In response to a question from Commissioner TIMMS, Tim Paranto explained
that the new parking lot would require some detention or water quality areas for
runoff to be trapped.
Commissioner TIMMS asked what steps would be necessary to make the property
become a legal conforming use. Ms. Reckert explained that the applicant would
have to apply for a special use permit and 20% landscape coverage would be
required. The applicant was advised in 2005 to apply for a44pecial use permit and
chose not to go that route. If this application is denied by City Council, code
enforcement action would be taken.
In response to a question from Commissioner
photographs in the staff report were taken w_it
were taken in 2008.
In response to questions about drainage fr'
explained that, due to the size of pavement,
required. I
Commissioner POND asked abo
Ms. Reckert explained that after
the ODP had
time, court ac
Since them
would be an
Ms:Reckert stated that the
last motrfli -and the aerials
ioner POND „Mr. Paranto
quality treatment would be
of th&i im use of the ODP.
ipplicafit would be notified that
1107 in a certain amount of
taken.
DWYER asked if there
ern lots to allow access to the northern
be a condition to be met before recording
Miller,
to hear the conditions into the record. Ms.
the following conditions into the record:
1. Pnar to reeding of the zone change ordinance and ODP mylar, the legal
describe revised to meet current city datum and incorporated.
2. As pabf the recording of the ODP mylar, access easements be created,
reviewed and recorded with reception numbers cited on the ODP
document.
3. Prior to recording of the ODP mylar, the following note should be added:
All landscaping shall be served by a fully automated irrigation system.
4. Prior to recording of the ODP mylar, an emergency access be provided to
Miller Street. Such access shall be 24 feet in width and be hard surfaced,
not road base.
5. All paving, landscaping and drainage facilities shall be installed prior to
any commercial use on Lot One.
Planning Commission Minutes 3 April 15, 2010
Vice Chair BUCKNAM asked to hear from the applicant.
Daniel Dearing
Mr. Dearing, the applicant, stated that he has owned the property for many years
and uses the property north of 10501 W. I -70 Frontage Road as parking for the
auto body business. He has tried to use parcel A for expansion of the automobile
lot sales at 4855 Miller Street. The City has requested the two parcels be rezoned
in order to bring them into conformance. He would like to pave part of Lot A,
install lighting, landscaping, drainage and remove existoi'itbuildings. He has
had discussions with the police department regarding sfcurity enhancement for
the property. He stated Abra Auto Body will go crAftioess if zoning isn't
granted to allow parking for the business. He also=stated tlrahe has been working
on this matter since 2008.
Andrew Marner
Mr. Marner, engineer for the applicant, staff d that tke "proposed area, be paved
and used for parking is about 10,000 square re- d very flat. The soil is porous
and water quality management could be accomol' ed with a swale. In the future,
when parking is expanded, a d6- ion basin would've built on the northwest
corner of Parcel A.
Commissioner BRINKMAN asked the, applicant why he had not applied for a
special use permit for ft 4855 Miller address. M. Dearing stated that he
understood a pedal usepermit was issued in 1987 for another car lot. Meredith
Reckert star d thgt a speal use permit has -never been issued for this property.
iii- ne r DWYBR coniOff O (fiat it seemed a solution would be for the
az lofs %o be zone &G -1 and have a special use permit also. Ms. Reckert
ined that tb &esen zsfning code requires any zone change to Commercial
be a PCD
Comirnsjoner DW'SjER asked the applicant why he does not want to have a
special ditp rmit i the 4855 lot and zone the rear lots as PCD. Another
solution wo' 1 V to rezone all three lots PCD. Mr. Dearing stated that the zone
change relateI 4859 Miller and didn't understand why 4855 has to be rezoned.
He also stated his understanding that the city has plans to take property for a turn
lane right -of -way on the 4855 parcel if any land use applications are approved.
He stated his opposition to giving up any land for a turn lane. Ms. Reckert stated
that Mr. Dearing was correct about the right -of -way.
Commissioner DWYER commented that if the lots are split and parcels A & B
are only considered, the city's criteria would not be met.
Mr. Dearing stated that he paved the 4855 property and installed landscaping. He
stated that if landscaping has died, he would replace it. He stated that the city
Planning Commission Minutes 4 April 15, 2010
gave him a verbal approval that all criteria had been met on this property, and
now the city has said the criteria has not been met.
Commissioner DWYER expressed concern that there is no access to Parcel A
from Miller because the lots could be sold separately at some time in the future.
Mr. Dearing stated that he would have no problem with having access to Miller.
In regard to Parcel B, he would like access to be from 10501 West I -70 Frontage
Road. Without that access and ancillary parking, he stateclAbra Auto Body
would go out of business.
Mr. Dearing stated concern about increased crtmmaf actOgy involving cars at
both businesses. The thieves come through both parcels 4 ad
; B. He has had
discussions with the police department about;cri9nebatemenY stated the
police department was in favor of their re -Vest for rezoning.
In response to questions from Commissroi eJMM lylr. Dear1 sued that he
bought the 10501 property in 1987 and purchasr„ d 4855 Miller and parcels A &B a
few years later. He stated thatno one lives in thajtsting house and there are
plans to remove that and all the outbu
aware that overflow parking wasof
Commissioner TIMIYIS asked if Mr I
A and B into one lot.: Mr, Dearing rej
possibility buf it was s6mthing that 1
no intention to develop 0 A and
time. Both businesses havedong,term
;s. He ft stated that he was not
ed on the AA
foperty.
Zg had considered consolidating parcels
that he�hadn't thought about that
old consider. He also stated that he has
anything more than parking at this
nssioiiei TIMM pressed concern that he didn't see parcels A and B
utilized or gmporar�4!sesince the businesses have long -term leases.
Cot issioner DWY ER asked why Mr. Dearing was not pursuing permanent
devel -ent rather han interim use. Mr. Mamer explained that Mr. Wolf would
like to le e space for his auto sales but is unable to do so until zoning is
approved
Commissioner BUCKNAM commented that the interim use only calls for lighting
on the extreme western portion of parcel A which doesn't seem sufficient for
crime mitigation. Mr. Dearing stated that parcel B is lighted from the north side
of the 10501 building. He asked to light only the portion he plans to pave. He
plans to clean up the property and install landscaping which should help to deter
crime.
In response to a question from Commissioner BRINKMAN, Ms. Reckert
explained that Mr. Dearing was informed that requirements for the right -of -way
reservation for a turn lane are the same under a PCD or an SUP.
Planning Commission Minutes 5 April 15, 2010
Phil Wolf
Mr. Wolf operates the auto sales business at 4855 Miller. He stated that he has
been in operation since August of 2000 at this location and today is the first time
that he heard that it was an illegal nonconforming use. He did confirm that theft
is a big problem for his car lot.
Commissioner BRINKMAN referred to the memorandum entered into the record
earlier that stated that city personnel met with him on February 3, 2005 where he
was informed he needed a special use permit to expand the car• =sales lot, and was
informed of the same situation again in 2007, and yet I�r Wolf states he was not
aware that he was nonconforming until this evenigg ,
Mr. Wolf stated that he has paid several fines Y6 the city for d6hWmpliance. He
believed that if he was not in compliance, — would have been fined again.
Ms. Reckert stated that after three years ornegohatron.in the court system, Mr.
Wolf finally agreed to pave.
Mr. Wolf maintained that tomght vas the first time e was aware that he was in
noncompliance.
Commissioner TIMMS asked if the "pros" of using parcel A for expansion of his
ed-t
business outweighh : "cons" of cA e. Mr. If explained that expansion for
the sake of increased revenue definitelyoutweiahs the cons.
Ms. Reckert statethatfie ad--a copy of letter dated May 2007 where she
renu_ pbd W Wolf o£the 2003 ii eet rig where he was advised of the need for a
sneeial use rSeriiit for tiffs °gar business.
6- issioner BIWKNAA ked Mr. Wolf if he would agree to a special use
perinit if he needed Ito continue with his business. Mr. Wolf replied that he
didn't th�k it coulctbe enforced, but he would talk about it.
In reply to a c . 9don from Commissioner POND, Mr. Wolf stated that the current
lease will expire in eight to ten years.
Commissioner BRINKMAN asked if a PCD is granted to 4855 Miller and parcels
A and B would the lots be tied together forever or could they be sold separately.
Ms. Reckert explained that it would depend on how the lots were to be used and
access would be an issue in order to prevent having a landlocked parcel.
In response to a question from Commissioner BRINKMAN, Ms. Reckert
explained that right -of -way dedication or reservation can be required at time of
subdivision process, building permit, special use permit, and zone change.
Planning Commission Minutes 6 April 15, 2010
Mr. Paranto stated that right -of -way could be provided by dedication or the city
could recommend a reserve be placed on the property until such time as needed.
At this time, Meredith Reckert entered into the record the right -of -way reservation
map for Case No. WZ- 08 -05.
Vice Chair BUCKNAM asked if there were others present who wished to address
the Commission. Hearing no response, he closed the publiehearing.
(Vice Chair BUCKNAM declared a short recess at 8:45p.m. The meeting was
reconvened at 8:49 p.m.) :.
Commissioner POND expressed concern aboufseparation ofta eels A and B
from 4855 Miller and 10501 West 1-70 wkten connection issues _e The present
situation points to more than an interims
Commissioner DWYER stated that he could u440stand why the applicant has
chosen to go this route; however becauset ere' aconnection between the two
lots, he had difficulty agreein g fha coning change fs to the best interest of the
city. The Commission is being asked to approve a cliange "�in zoning to a partially
paved vacant lot that doesn't mee'tzone chnge.criteria
Commissioner BI]CKI -AM stated that, as a small business owner, he understands
the concern the appIt to get mamum benefit for the least amount of cost.
However, the p reels connected afthe was not comfortable in treating them
separately and not cosderrng amore integrated approach. He also expressed
t�ommissionerBRl-NKMAN ked requirements for a business license. Ms.
Kee4cert explained that appltvation is made through the sales tax department and
theiviopted to the planning and building departments for review. She stated that
there war �misrepres on the 2000 business license indicating that the
permit wMr offte use only. Commissioner BRINKMAN commented that she
assumed the O' usiness license renewal form was accepted and approved by
the planning department.
Commissioner BRINKMAN stated that she understood the reasons the applicant
doesn't want a special use permit and his concerns about right -of -way dedication.
She expressed concern about the conflicting accounts between the property owner
and tenant and the City.
It was moved by Commissioner BRINKMAN and seconded by
Commissioner TIMMS to recommend denial of Case No. WZ- 08 -05, a
request for approval of a zone change from A -1, Agriculture -One to PCD,
Planned Commercial Development, and approval of a conceptual Outline
Planning Commission Minutes 7 April 15, 2010
Development Plan for property located at 4859 Miller Street for the
following reasons:
1. The proposed rezoning would effectively allow for the expansion of an
illegal nonconforming use.
2. The City's zoning and development code does not make allowances
for "interim uses ".
3. There will be minimal economic benefits to the City.
The motion carried 5 -1 with Commissioner BRINK- voting no.
8. OTHER ITEMS
Ms. Reckert advised the Commission that fie first two sessions haYebeen held
concerning the bike and ped master plan "here next two meetings We held
on April 20 and 21 at the recreation center
9. ADJOURNMENT
It was moved by Commissioner DEER and seconded by Commissioner
BRINKMAN to adjourn the meting ate OS p.m. The motion passed
unanimously.
Ann Lazzeri, Secretary
Planning Commission Minutes 8 April 15, 2010
EAiTFet(J 1AlT0 FLCOpO KY
City of �IER&tDrTrt F�ccK��T i97 AYc/�PlV
Wheatl�dge o f 1 9PAZ,L_ ,5', zo10,
OP - MUMTY DEVELOPMENT
Memorandum
TO: Planning Commission
FROM: Meredith Reckert, Senior Planner
DATE: April 15, 2010
SUBJECT: Property history related to Case No. WZ -08 -05
The following is to serve as the sequence of events with regard to an auto sales facility at 4855
Miller Street. It also contains information pertinent to 4859 Miller Street. Both properties are
owned by 4855 Miller Street LLC (Richard and Daniel Dearing).
? 2000: Mr. Wolf leases the west half of 4855 Miller Street. The east half is used by a moving
company (Two Men and a Truck). When the moving company's lease expires Mr. Wolf applies
for a business license to occupy the structure on the property for office space.
August 7, 2000: Business license is approved for auto leasing and sales for what Mr. Wolf
claims as the east half of 4855 Miller. Approved by City of Wheat Ridge Community
Development Department. Address is shown as 10501 W. 48` Avenue, Unit A.
November 8, 2004: Property owner was put on notice via letter regarding the need for paving.
February 3, 2005: Mr. Wolf meets with City personnel regarding the properties at 4855 and
4859 Miller Street. At the meeting Mr. Wolf was informed that he needed an SUP to expand the
car sales lot and allow auto service, repair and maintenance on 4855 Miller Street. Discussed
also were the requirements for a commercial zone change for 4859 Miller and the existing zone
violation for parking lot paving at 4855 Miller Street.
May 3, 2005: Demolition permit is issued for the structure on the east half of the property at
4855 Miller Street.
January 11, 2007: Business license renewal form is submitted to city for 4855 Miller Street.
April 4, 2007: Property is inspected by Hagerman, Backus and Reckert.
April 17, 2007: Warning notice is sent to owners and tenant for 4855 and 4859 Miller Street.
April 30, 2007: Hagerman, Backus and Reckert meet on -site with property owners (Richard and
Daniel Dearing), Mr. Wolf and Tony Kervitsky to discuss violations.
May 11, 2007: A fence permit is issued for 4859 Miller Street. A condition of issuance is that
the permit does not imply that the property can be used for commercial purposes.
May 21, 2007: Letter sent to property owners regarding clarification of the violations.
May 22, 2007: A letter is sent to Mr. Wolf detailing the violations on both properties. Attached
was a copy of the pre - application meeting minutes where Mr. Wolf was informed that he needed
an SUP to expand the car sales lot and to allow auto service, repair and maintenance on 4855
Miller. Discussed also were the requirements for a commercial zone change for 4859 Miller and
the existing zone violation for parking lot paving on 4855 Miller.
May 30, 2007: David Moore, an engineering and design consultant, met with Meredith to
discuss the violations and what is needed to correct the situation. We discuss both the SUP and
zone change requirements. He is informed that he and the property owner need to apply for a
pre - application meeting.
June 18, 2007: Property inspection occurs. Officer Backus attempts to issue Mr. Wolf
summons to court and he refuses it.
June 26, 2007: Summons is sent to Mr. Wolf with court date of July 5, 2007.
June 29, 2007: Updated business licenses are approved.
July 5, 2007: Mr. Wolf appears for his arraignment and pleads not - guilty and requests a trial.
The judge grants a trial date of September 10.
July 19, 2007: Daniel Dearing and his consultant, David Moore, meet with the Planning Staff in
a pre - application meeting to discuss the requirements for a commercial zone change. The
property which is zoned A -1 does not permit the use of the property for commercial auto sales
and storage. At the pre -app, staff indicates that code enforcement action will be put "on- hold" if
the applicant proceeds with the necessary steps for zone change.
August 29, 2007: Letter is sent to Mr. Dearing regarding lack of activity on the needed zone
change at 4859 Miller Street.
September 5, 2007: Meredith and Dan Dearing have a telephone conversation regarding her
August 29, 2007 letter. He indicated that they do not want to take any action on the zone change
pending action with Mr. Wolfs court date. He was informed that as the property owner, he is
ultimately responsible for what happens on his property and that he had indicated previously that
they (the owners) were going to cooperate with the city. He was also infonned that the city
prosecutor is pressing for citation for the Dearings for both properties.
September 7, 2007: City officials receive a "request for production of documents." The request
is forwarded to Jerry Dahl.
October 2, 2007: Complaint received regarding 4859 Miller. Violation notice issued for
littering, unlawful activities, weeds.
October 24, 2007: Application for paving permit submitted.
2
November 11, 2007: Recheck on 4859 Miller by CSO. Violations included 6 inoperable
vehicles, two trailers, two semi trailers without wheels, rolls of fencing, weeds, trash and junk.
November 13, 2007: Administrative citation issued.
February 10, 2008: Recheck by CSO.
February 11, 2008: Owner talks with CSO regarding violations. Citation sent.
May 20, 2008: Neighborhood meeting for zone change on 4859 Miller held.
July 15, 2008: Zone change application submitted for 4859 Miller from A -1 to PCD
August 18, 2008: Comment letter sent regarding zone change application. Owner informed
staff does not support without southern parcel (existing car lot) included.
August 2008: Inspection performed on parking lot improvements for 4855 Miller. All complete
including landscaping.
June 30, 2009: Received complaint re. 4855 Miller Street regarding violations for obstructing
sidewalk and prohibited (illegal) sign (sign on boom vehicle). Warning notice sent. Also
observed that landscaping installed was dead.
July 2, 2009: zone change modifications submitted
July 15, 2009: Summons sent
July 27, 2009: Mr. Wolf pleads Not guilty and pretrial conference is set for August 26, 2009.
August 5, 2009: comment letter sent regarding zone change application. Owner informed again
that staff does not support without southern parcel included.
August 26, 2009: Mr. Wolf pled guilty and was fined with suspended fines subject to no
violations in one year.
January 15, 2010: zone change modifications submitted.
February 11, 2010: comment letter sent.
March 15, 2010: letter sent regarding scheduling for April 15, 2010 Planning commission public
hearing.
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PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE PLANNING COMMISSION
April 15, 2010
Case No. WZ- 08 -05: An application filed by Daniel Dearing for approval of a
zone change from Agricultural -One to a Planned Commercial Development and
approval of a Conceptual Outline Development Plan for property located at 4859
Miller Street.
Name Address In favor /Opposed
Grl11 /n/�ryl �S Y a?!g I GL&— G 4" `Gy1Te UGC G Gv t�TM�
Planning Commission — April 15, 2010
Motion for approval
"I move to recommend APPROVAL of Case No. WZ- 08 -05, a request for approval of a
zone change from A -1, Agriculture -One to PCD, Planned Commercial Development, and
approval of a conceptual Outline Development Plan for property located at 4859 Miller
Street for the following reasons:
1. It will allow an existing business to expand.
2. It will allow the commercial use of the parcel to the west to be legitimized.
With the following conditions:
1. Prior to recording of the zone change ordinance and ODP mylar, the legal
description be revised to meet current city datum and incorporated.
2. Prior to recording of the ODP mylar, access easements be created, reviewed and
recorded with reception numbers cited on the ODP docurnent.
3. Prior to recording of the ODP mylar, add the following note: "All landscaping
shall be served by a fully automatic irrigation system."
4. Prior to the recording of the ODP mylar, an emergency access be provided to
Miller Street. Such access shall be 24' in width and be hard surfaced (not road base).
5. All paving, landscaping and drainage facilities shall be installed prior to any
commercial use on Lot 1."
City Of
��7�7heatdge
COMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: M. Reckert
DATE OF MEETING: April 15, 2010
CASE NO. & NAME: Case No. WZ- 08- 05/Dearing for 4859 Miller St., LLC
ACTION REQUESTED: Zone Change from A -1 to PCD
LOCATION OF REQUEST: 4859 Miller Street
PRESENT ZONING: A -1, Agriculture -One
CURRENT USE: Vacant/miscellaneous buildings
ENTER INTO RECORD:
COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS
ZONING ORDINANCE DIGI TAL PRESENTATION
Planning Commission
WZ- 08- 05/Dearing
1
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
L REQUEST
The applicant is requesting approval of a zone change for property located at 4859 Miller Street from
A -1, Agriculture -One to PCD, Planned Commercial Development.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The property in question is located at 4859 Miller Street is comprised of two parcels and extends
roughly 510' to the west from the Miller Street right -of -way. Total size of the two parcels is 1.88
acres. The property under consideration for this zoning request is closely related to commercial
activities on adjacent properties. The intent of the zone change is to allow expansion of vehicles for
display and sale on 4855 Miller (parcel directly to the south) and to legitimize the use of the western
portion which is utilized by the adjacent auto body repair shop for vehicle storage which was
constructed without any City approval. The auto body repair facility (Abra) is addressed as 10501 W.
I -70 Frontage Road North. (Exhibit 1, aerial photo)
The western parcel is devoid of structures although a portion of it has been paved. The eastern parcel
has a house on it which appears to be occupied and miscellaneous outbuildings. The front portion
(eastern part) of it is surfaced with road base.
The current zoning on the subject parcels is A -1 The A -1 zone district is a zone district which allows
single family residences and agricultural uses such as general farming operations, greenhouses and
landscape nurseries, fish hatcheries and riding stables. The parking of equipment, implements,
machinery and trucks is allowed only as an accessory use to an agricultural or public maintenance
operation.
The existing car lot property to the south is addressed as 4855 Miller and is zoned C -1. 10501 W. I -70
Frontage Road (existing vehicle repair facility) is zoned Planned Industrial Development.
The Commercial -One zone district allows vehicle sales lots as special uses. The requirement for an
SUP for vehicle sales lots has been in place since 2001.
The existing vehicles sales property located at 4855 Miller Street is nonconforming to today's
standards in the following areas:
Use: Vehicle sales lots are a special use in the C -1 zone district. A special use permit was never
granted for the car lot use which appears to have been operating since 2001. The commercial vehicle
sales standards also require a 1500' separation between adjacent vehicle sales lots. The closest lot is
part of the Medved Autoplex on the west side of Parfet Street which is approximately 600' from the
subject parcel.
Landscaping: The current standard for commercial landscaping is a minimum of 20% coverage. Ten
foot wide buffer strips are required along streets with a minimum street tree installation for every 30'
of street frontage. In addition, the city's standards for vehicle sales lots include one interior island for
every 30 vehicles planted with one tree and five shrubs. In 2008, a perimeter landscaped strip planted
with shrubs was installed as a result of code enforcement negotiations. It appears that the landscaping
was unmaintained and is no longer living.
Planning Commission
WZ- 08- 05/Dearing
Paving: All vehicle sales lots are required to be hard surfaced. The property was paved in 2008 as a
part of code enforcement negotiations.
Architectural and Site Design Manual: The existing structure is 1800 s.f. in size and is made of
metal. It was built prior to the adoption of the ASDM and is not required to comply with the
architectural standards.
The property located at 10501 W. I -70 W. I -70 Service Road (vehicle repair facility) is in compliance
with the approved FDP and use allowances for the property. The structure which is almost 20,000 s.f.
in size was recently modified with new front faqade treatments. Parcel B to the north, subject to the
zone change request, is being used for vehicle storage for the car repair facility to the south. This is
not a permitted use in the A -1 zone district.
The applicant is requesting zone change approval to allow the interim use by the two adjacent
businesses until the property can be permanently developed. As such, minimal improvements are
being proposed. Once a more definitive development scenario with new building construction is
proposed by the property owner, a specific ODP and administrative FDP would be required.
Staff is concerned by the consideration that this is a temporary situation. Most "interim uses" end up
being permanent uses with no ability by Staff for enforcement, although a five to ten year timeframe is
specified on the ODP document.
City staff has indicated to the applicant that because this is the expansion of an illegal nonconforming
use (existing car lot at 4855 Miller Street), both the existing sales lot, as well as the expansion area
should be looked at as a whole. A comprehensive zone change would allow the southern lot (existing
sales lot) to be brought into compliance with both the commercial property standards, as well as the
car lot standards. The applicant has chosen not to do this. Staff would normally support a commercial
zone change on this property; however, use of this "piecemeal" approach does not provide a benefit
for the city. As proposed, the application represents an expansion of a non - conforming use that does
not bring the facility into compliance with any applicable development standards. Therefore Staff is
not supporting the application as proposed.
III. OUTLINE DEVELOPMENT PLAN
The applicant has provided a two -sheet outline development plan document (Exhibit 2, ODP
document).
Sheet 1 contains the legal description and all required certification blocks. Language has been
included indicating that this is an interim use. Upon a permanent development scenario, the applicant
must receive approved of a specific Outline Development Plan and administrative Final Development
Plan. Until that happens, the ODP document specifies that the only proposed uses permitted on the
property will be vehicle storage, sales and display. Development standards relate back to the various
sections in the zoning and development code for parking, landscaping, lighting, and signage.
Sheet 2 of the plan set shows a site plan for the property which depicts the existing asphalt vehicle on
Parcel B. The parking on Parcel B was installed without a permit and does not comply with city
standards regarding landscaping and storm water quality and detention. Improvements on Parcel A
include removal of all existing structures and the road base which will be replaced with asphalt. A 10'
wide landscaped buffer area with plantings is shown along the property frontage and one interior
island is proposed. If this plan is approved, a note regarding required irrigation should be added.
Planning Commission
WZ- 08- 05/Dearing
No direct access is provided to Miller Street, rather access easements are shown from the adjacent
parcels to the south. If the plan is approved, prior to recording of the ODP mylar, access easements
should be created and recorded with reception numbers cited on the ODP document. The Arvada Fire
Protection District has indicated that they need an emergency access 24' in width with hard surfacing.
IV. ZONE CHANGE CRITERIA
The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable
uses and development standards for the property. Staff has the following comments relative to the
criteria used to evaluate a zone change application. Planning Commission shall base its
recommendation on consideration of the extent to which the applicant demonstrates the following
criteria have been met:
1. The existing zone classification currently recorded on the official zoning maps of the City of
Wheat Ridge is in error;
There is not a mistake on the official city maps. The property is zoned Agriculture -One.
2. A change in character in the area has occurred due to installation of public facilities, other
zone changes, new growth trends, deterioration, or development transitions,
West 50 Avenue was completed when the Arvada Ridge development occurred. The construction of
this new street has provided a catalyst for new commercial construction in the area. Continued
development of the northern end of the Arvada Ridge property will result in construction of new
housing units and a light rail transit stop. (Exhibit 3, aerial photo)
Staff concludes that this criterion has been met.
The Planning Commission shall also find that the evidence supports the finding of at least four
of the following:
a. The change of zone is in conformance, or will bring the property into
conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and
policies, and other related policies or plans for the area;
The property is designated as an Employment area on the Comprehensive Plan Structure Plan.
Employment areas are described as existing light manufacturing, storage, warehouse, and other
industrial - related uses where adequate screening is provided for adjacent residential neighborhoods.
While the proposed car lot expansion does not fit a typical industrial project, it could provide jobs for
area residents. (Exhibit 4, Comp Plan Structure Plan)
In August of 2009, a new urban renewal plan area was adopted by City Council. The urban renewal
area includes the I -70 corridor between 32 "d and Kipling Street and the Kipling corridor between I-
70 and 26 Avenue (Exhibit 5, URA map area)
A blight study was conducted with the conclusion that the following items are present in the study
area: slum/deteriorated structures, predominance of defective or inadequate street layout, faulty lot
layout, unsanitary or unsafe conditions, deterioration of site or other improvements, inadequate
Planning Commission 4
WZ- 08- 05/Dearing
public improvements or utilities, unsafe or unhealthy buildings, environmental contamination factors
and a high level of municipal service, including code enforcement responses. These conditions of
blight "substantially impair or arrest the sound growth of the municipality or constitute an economic
or social liability, and are a menace to the public health, safety, morals or welfare ".
Urban renewal powers include creation of special districts to make public infrastructure
improvements, establishment of sales tax increment areas and acquisition of property including the
use of the powers of eminent dolman. The plan establishes objectives with respect to appropriate
land uses, public and private investments in concert with the goals and objectives of the
Comprehensive Plan.
The property is designated "employment" on the urban renewal concept map. (Exhibit 6, UR Concept
plan).
The following are goals identified in the Comprehensive Plan and supported by the Urban Renewal
plan.
• New development or redevelopment shall be so designed as to be a positive contribution to the
entire community and compatible with surrounding uses.
• New development should be conveniently located and attractive to accommodate commercial,
office and service uses that meet the needs of the City and are compatible, yet well buffered
from surrounding areas.
• Any development or redevelopment site, whether public or private, shall be reviewed with
extraordinary attention to siting, orientation, scale, mix and compatibility of uses, and
relationship to on -and off -site community amenities and design elements to make citizens feel
more comfortable and safe in and around the development parcel.
• New development should preserve and enhance the community's tax base.
While the proposed rezoning is generally consistent with the "employment" designations on both the
Comp Plan structure map and the urban renewal concept map, the proposal is not consistent with high
quality, aesthetically pleasing development envisioned by both of these policy documents.
Staff concludes that this criterion has not been met.
b. The proposed change of zone is compatible with the surrounding area and there
will be minimal adverse impacts considering the benefits to be derived;
The property is surrounded by a variety of commercial land uses. To the north is an office /warehouse
facility zoned Planned Industrial Development. To the south are properties zoned PID (south of
western parcel) and Commercial -One (south of eastern parcel), which if this request is approved, will
provide an extension of and support to these facilities. Property to the east is zoned C -1 and contains
the American Motel. Abutting the property to the west is the rear of an office /warehouse
development.
There have been improvements in the vicinity within the last ten years with the relocation of the
frontage road's connection to Kipling Street. With the construction of the Arvada Ridge development,
W. 5& Avenue was constructed and now serves as the primary traffic connection with Kipling. New
development in the 50''/Kipling area is attractive and well maintained.
Planning Commission
WZ- 08- 05/Dearing
The parcels under consideration for zoning are in need of investment and maintenance by the property
and business owners. While the proposed zone classification is not incompatible with commercial
zoning and land use to the north and west, the proposed property investment is minimal and also
allows for the expansion of an illegal nonconforming use. If the individual parcels were rezoned as a
unified whole and properly developed, there could be benefits to the area. The proposed haphazard
development scenario, which expands the non - conforming use without addressing the non -
conformities, will not.
Staff concludes that this criterion has not been met.
C. There will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone;
Vehicle sales do not generate sales tax revenues unless the person buying the vehicle lives in Wheat
Ridge, therefore, economic benefits will be minimal. There will be no social or recreational benefits
derived from the zone change. There could be physical benefits as some improvements will be made to
the eastern portion of the property.
Staff concludes that this criterion has not been met.
d. 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;
Minimal infrastructure is needed to serve the interim use. The applicant will be responsible for any
other utility upgrades and installation of curb, gutter and sidewalk upon permanent development.
Staff concludes that this criterion has been met.
e. 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;
Approval of the zone change will not create excessive traffic congestion as it will allow expansion of
adjacent uses. Drainage in the area will not be impacted due to the small increase in impervious area.
There will be no impact on the amount of light and air to adjacent properties as no new buildings will
be constructed.
Staff concludes that this criterion has been met.
3. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
The applicant has submitted an application for conceptual ODP. Compliance with the Architectural
and Site Design Manual will be evaluated upon submittal of a specific ODP.
Staff concludes that this criterion is not applicable.
Planning Commission 6
WZ- 08- 05/Dearing
V. NEIGHBORHOOD MEETING
The required pre - application meeting for neighborhood input was held on May 20, 2008. There were
no interested parties in attendance at the meeting.
VI. AGENCY REFERRALS
A referral was sent out regarding the request with responses below
Arvada Fire Protection District: An emergency access from Miller Street will be required. This
access should be 24' in width and hard surfaced. Additional requirements will be necessary upon
permanent development.
Valley Water District: Can serve the property subject to improvements. Additional looped water
main lines, fire hydrants and fire sprinkler lines may be needed to be installed at the owner's expense
at the time of permanent development.
Wheat Ridge Public Works: The area of increased impervious surfacing on the eastern parcel is
under 10,000 s.f., therefore only water quality treatment is required. A drainage letter was provided
regarding the new impervious surfacing and has been approved. The legal description is not consistent
with current city datum. If the zone change is approved, a revised legal description will be needed and
incorporated prior to recording of the ordinance and ODP mylar. The existing paving on the western
parcel was done without city approval and does not meet commercial landscaping or drainage
requirements. No additional right -of -way is required for Miller Street.
Wheat Ridge Police Department: Can serve. Has made specific recommendations for crime
prevention.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that while the Comprehensive Plan and Urban Renewal Plan designate this area as
"employment ", the proposed investment in the property is minimal and the zone change will result in
expansion of an illegal nonconforming use. Staff does not support this type of "incremental" zoning
where a commercial use will be entitled with little benefit to the City. Staff would support a rezoning
that included the parcel to the south and brought the entire operation into a higher level of compliance
with the City's zoning and development standards. The applicant has not indicated a willingness to
take that approach.
For these reasons, a recommendation of Denial is given for Case No. WZ- 08 -05.
VIII. SUGGESTED MOTION:
"I move to recommend DENIAL of Case No. WZ- 08 -05, a request for approval of a zone change from
A -1, Agriculture -One to PCD, Planned Commercial Development, and approval of a conceptual
Outline Development Plan for property located at 4859 Miller Street for the following reasons:
The proposed rezoning would effectively allow for the expansion of an illegal
nonconforming use.
Planning Commission
WZ- 08- 05/Dearing
2. The proposed haphazard development scenario will not be a positive contribution to the
area.
3. The City's zoning and development code does not make allowances for "interim uses ". .
4. There will be minimal economic benefits to the city."
Planning Commission
WZ-08- 05/Dearing
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DESIGN MANUAL.
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I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN
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RECEPTION NO.
DATUM SHOWING NAD 83/92 MODIFIED COORDINATE DATUM BASE.
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THE COORDINATE SYSTEM USED FOR THIS O THE CITY OF WHET RIDGE
DATUM A MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE
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EXHIBIT 6
POSTING CERTIFICATION
CASENO.
PLANNING CONMSSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: 1 , gP 1 ?1 L ); , 2010
I, A�NO2L�W T �NP.9�
(name)
residing at IZ379 w /q- QUEAcjc! p2(11e� G /7TLe7zSx?,Gn X1612
(address)
as the applicant for Case No. WZ `6`b' - 05 , hereby certify that I have posted the Notice of
Public Hearing at 45t5 WIZ-LebZ ST2E'e 1 t� Nt' 4T �Z 1Y�2, C b
(location)
on this !I- day of / -J-P2I L 20 1 o , and do hereby certify that
said sign has been posted and remained in place for fifteen (15) days prior to and including the
scheduled day of public hearing of this case. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted at the public hearing on this ase and will be placed in the
anolicarfs case file at the Denartment of Planning and Development.
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7009 1680 0001 2748 5282
4859 MILLER STREET LLC
4859 MILLER ST��
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7009 1680 0001 2748 5251
SIX OAK LIMITED PARTNERSHIP
11445 I -70 FRONTAGE N RD
WHEAT RIDGE CO 80033
7009 1680 0001 2748 5343
LEE KUNZ DEVELOPMENT LLC
4096 YOUNGFIELD ST
WHEAT RIDGE CO 80033
?009 1680 0001 2748 5275
SANDERS WAREHOUSE
PARTNERSHIP
10201 W. 49TH AVE
WHEAT RIDGE CO 80033
7009 1680 0001 2748 5350
FICCO INVESTMENT CO LLC
3650 VANCE ST 1
WHEAT RIDGE CO 80033
DUBOIS ROBERT L
4951 MILLER ST
WHEAT RIDGE CO 80033
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4859 MILLER STREET LLC
14395 BRAUN RD
GOLDEN CO 80401
7009 1680 0001 2748 5244
MJB MOTELS L L C
3300 NW JEFFERSON ST 610
BLUE SPRINGS MO 64015
" 1680 0001 2748 5299
7009 1680 0001 2748 5305
FOOTHILLS ACADEMY GASHAM R W
4725 MILLER ST % KEW REALTY CORP 300 S.
WHEAT RIDGE CO 80033 JACKSON ST 550
DENVER CO 80209
7009 1680 0001 2748 5237
7009 1680 0001 2748 5206
HAZEN JOHN WATSON II GIETL MARK
2322 S. GRAND AVE 8406 S. PARFET CT
GLENWOOD SPRINGS CO 81601 LITTLETON CO 80127
7009 1680 0001 2748 5213
7009 1680 0001 2748 5190
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DEARING DANIEL R
PO BOX 17240
GOLDEN CO 80402
7009 1680 0001 2748 5220
WILLIBEY CARISA
11664 COLUMBINE PL
THORNTON CO 80233
7009 1680 0001 2748 5183
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City of
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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
(as required pursuant to Code Section 26- 109.D)
April 1, 2010
Dear Property Owner:
This is to inform you of Case No. WZ -08 -05 which is a request for approval of a zone change
from Agricultural -One (A -1) to a Planned Commercial Development and approval of a
Conceptual Outline Development Plan for property located at 4859 Miller Street. This request is
scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West
29th Avenue. The schedule is as follows:
Planning Commission April 15, 2010 (d 7:00 p.m.
City Council ** June 14, 2010 (a, 7:00 p.m.
As an area resident or interested party, you have the right to attend these Public Hearings and/or
submit written comments.
* *If you are a property owner within 100 feet of this property and immediately adjacent to this
property, you may have the right to file a legal protest against the application which would require
3/4 majority vote of City Council to approve the request. A copy of the protest rights section of
the code is enclosed.
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at
303 - 235 -2826 at least one week in advance of a meeting if you are interested in
participating and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303 - 235 -2846. Thank you.
Planning Division.
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CITY OF WHEAT RIDGE
NOTICE OF PUBLIC HEARING BEFORE
PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that a Public Hearing to consider the application (Case
No. WZ- 08 -05) filed by Daniel Dearing for approval of a zone change from Agricultural -
One (A -1) to a Planned Commercial Development and approval of a Conceptual Outline
Development Plan for property located at 4859 Miller Street will be held in the City
Council Chambers, Municipal Building at 7500 West 29` Avenue, Wheat Ridge,
Colorado, on April 15, 2010 at 7:00 p.m. All interested citizens are invited to speak at
the Public Hearing or submit written comments.
The full text of this notice is available in electronic form on the City's official website,
www.ci.wheatridge.co . us , Legal Notices. Copies are also available in printed form in the
Community Development Department.
Published: Wheat Ridge Transcript, April 1, 2010
ry City of
Wheatjdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave.
March 15, 2010
Andy Marner
Aqueduct Engineering, LLC
12378 W. Aqueduct Drive
Littleton, CO 80127
Dear Mr. Mamer:
Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your client's request for a zone change from A -1, Agriculture -One to Planned
Commercial Development and for approval of an Outline Development Plan for property located at 4859
Miller Street.
This case is scheduled for Planning Commission public hearing at 7:00 PM on April 15, 2010. The
property will need to be posted with a noticing sign fifteen days in advance of the hearing. Will you be
the contact for placement of the sign? I will have the sign ready by March 30 for posting by April 1.
For publishing purposes, please provide a copy of the existing legal description in Word format which
can be emailed to me at mreckert@ci.wheatridge.co.us I will need the legal description by March 22 in
order for our administrative assistant to prepare the paper notice. If this is a problem, please let me know.
I will also need eighteen full sized, folded copies of the revised ODP documents for packet distribution no
later than April 6 for packet distribution. An 11" x 17" reduction is required as well.
If you have any questions, feel free to contact me at 303 - 235 -2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
www.cj.wheatridge.co.us
.�4.
�/! City of
�
l Wheat�gg,c
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
February 11, 2010
7500 W. 29� Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
Andy Manner
Aqueduct Engineering, LLC
12378 W. Aqueduct Drive
Littleton, CO 80127
Dear Mr. Mamer:
This letter is in regard to your third submittal regarding a request for a zone change from A- 1,
Agriculture -One to Planned Commercial Development and for approval of an Outline Development Plan
for property located at 4859 Miller Street. I have reviewed the submittal package and have the following
comments:
PAGE ONE
All requested changes appear to have been made.
PAGE TWO
1. Modifications have occurred to Parcel A to reflect paving and landscaping in accordance with
Section 26 -628 (standards for vehicle display and sales lots). However none of these
requirements have been shown for Parcel B. The site plan for Parcel B should be amended to
reflect the required landscaping improvements and striping.
2. All commercial landscaping is required to be irrigated. Please add the following note:
"Landscaping will be served by a fully automatic irrigation system."
3. No direct street access is shown to either parcel therefore, recorded access easements will be
needed for access through the properties to the south and between Parcels A and B. If the
property is approved for rezoning, recorded access easements will be required prior to recordation
of the ODP mylars and use of the properties.
4. The site data table statistics for Parcel B do not add up to the total lot size.
MAJOR ITEMS OF CONCERN
Staff would once again reiterate our feelings regarding the proposal detailed below.
I_Q Y 11:71TM1
The property owner has indicated that this will be an interim use of the property and that it will eventually
be permanently developed. However, no time frame has been provided and many times these "interim"
uses end up as permanent uses. As such, certain minimum improvements must be provided. These
improvements should include hard surfaced paving for all parking and drive areas and installation of
landscaping on the property. The typical minimum requirement for landscaping is 20 %, although there is
flexibility in this application as it is a planned development. At a minimum, new landscaping must be
provided along the frontage (already shown) and perimeters. Existing native grass areas can be used in
www.ci.wh eatridgexo. us
this calculation. In addition, vehicle sales lots are required to meet the pertinent portions of Section. 26-
628. (Motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat
trailer and equipment sales, rental and storage lots) itemized in comments above.
INTEGRATION OF DEVELOPMENT WITH ADJACENT PROPERTY
The current zoning on the property is Agriculture -One. The A -1 zone district allows single family homes
and other agricultural type uses. Under the current zoning the property cannot be used commercially.
Due to code enforcement action for illegal use violations, the property owner has applied for the zone
change so that the adjacent property tenant can use it as an expansion of his vehicle sales lot. It would
appear that the property owner wants the right to use the property commercially without investing
improvements as is typically required for other commercial property development. Due to the extension
of the car lot use, which is currently non - conforming, and reliance on the adjacent parcel in order to use
the property, Staff will not support the application unless the property to the south is included. If the
property to the south is not included, Staff will continuing processing the application but will not be
supporting it through the public hearing process.
REVISION TO LEGAL DESCRIPTION
In light of staff s non - support of this application, we would recommend that revisions to the legal
description as requested by David Brossman be delayed. If the zone change is approved, then the legal
could be modified to meet current City Datum and inserted into the documents prior to recording of the
ordinance and ODP mylar. For publishing purposes, please provide a copy of the existing legal in Word
format which can be emailed to me at mreckertna,ci.wheatrid eg co.us
AGENCYREFERRALS
Attached are referrals received from other city departments and outside agencies regarding the plat
document.
City of Wheat Ridge Public Works Department: See attached comments from Dave Brossman dated
February 8, 2010.
This concludes the summary of comments. Please address each of these comments by revising the
drawings accordingly. For clarification on any of these issues, please feel free to contact any of the
Development Review committee members:
Community Development Meredith Reckert 303 - 235 -2848
Public Works Dave Brossman 303 - 235 -2864
Traffic Engineering Mark Westberg 303- 235 -2863
Please contact me at your convenience to discuss scheduling the Planning Commission public hearing.
If you have any questions or need further clarification, do not hesitate to contact me at 303 - 235 -2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: WZ -08 -05
City of
WheatRiOge
PUBLIC WORKS
City of Wheat Ridge Municipal Building
February 8, 2010
Mr. Andrew J. Marner, P.E.
Aqueduct Engineering, LLC
12378 W. Aqueduct Drive
Littleton, CO 80127
720.251.4192
7500 W. 29' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2861 F: 303.235.2857
Re: Third Review Comments of the Dearing/Wolf Auto Outline Development Plan and Drainage
Letter.
Dear Mr. Marner,
I have completed the third review of the ODP received on February 3, 2010, for the above referenced
development located at 4859 Miller Street, and I have the following comments:
DRAINAGE:
Drainage Letter
1. As the proposed increase in impervious surface is now under 10,000 11 only WQ treatments will be
required. The dimensions for the area to be paved will need to be shown on the ODP as well as any
other construction documents.
2. The statements made in the Letter seem reasonable; Drainage Letter is hereby approved.
LAND PLANNING:
Outline Development Plan
Sheet 1 (Cover Sheet):
The legal description, Basis of Bearing, and Section Tie information provided use the bearing along the
south line of the SE ` / 4 of Section 16 is N89 8"E. Please note this is from the OLD City datum
which has not been in use since the City's State Plane datum transformation project completed in
November 2006. The Municipal Code of Laws currently requires all Legal Descriptions to include a tie
to the Section and be on the Current City Datum, which is a ground -based modified form of the
NAD83/92 State Plane coordinate system. This requirement has been enforced since January 1, 2008
(we gave everyone all of 2007 to become acquainted with the new datum).
Sheet 2 (Landscape and Site Plan):
1. The bearings for the lot boundaries and the Section -Tie will need to be modified to be on the Current
City Datum as stated above.
2. Need to identify the dimensions of the proposed asphalt area. From the Drainage Letter the intent is to
pave the area to just less than 10,000 square feet to avoid mandatory detention requirements, so the
maximum area should be around 140 feet in the N -S direction and 71 feet in the E -W direction.
3. Please modify the Section -Tie Diagram to show the bearings on the Current City Datum. For your
convenience I have provided the City-based bearings for the SE %4 of Section 16 on the attached
redlined sheets.
www.ci.wheatridgexo.us
Public Works Engineering
February 8, 2010
Page 2
The Public Works Department requires 2 hardcopies accompanied by one electronic
copy of both the ODP in PDF format. The electronic file may be delivered on CD -ROM
with the next submittal, or sent by e-mail tome at: dbrossman(&ci.wheatridge.co.us
OTHER ITEMS:
Please note that a Building (Paving) Permit Application shall be required prior to commencement of
the proposed parking lot paving, and that items 1 through 4 below must be submitted for review and
approval prior to the issuance of any Building (Paving) or Grading Permits:
Construction Plans
Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado,
shall be required for the proposed area of pavement. Include a plan view showing dimension of all
items to be constructed, the proposed grading with percents, and the drainage pattern. The plans shall
also include the following:
a. Three (3) to -scale cross - sections across the proposed area of construction shall be required
with the Construction Plans (please see attached sheet). The first cross - section will be located
at the north end of the proposed pavement/WQ area, one at the approximate middle, and one
near the south end of the proposed pavement/WQ area. The cross - sections shall run in an
east -west direction, and extend from 20' east of the property line (out into the ROW) to 20'
west of the proposed pavement area.
b. Construction details for all drainage- related items such as "detention" swales, drainageways
or pans, and curb & gutter.
c. A cross - section of the proposed WQ facility, providing specific plantings and soil/rock
materials to be used and adequate dimensions, grades, etc. to properly construct.
d. Street plan and profiles for any proposed roadway improvements along property frontages,
c. All applicable COWR standard details for erosion control and any proposed constructed
items (please see #7 below for further information).
2. Cross - Access Easement
A cross - access easement deed to allow for movement between Parcel A and Parcel B as indicated on
the ODP shall be submitted for review and approval. The Legal Description for this deed must
include a section tie and be on the Current City Datum which is a ground -based modified form of the
NAD83/92 State Plane coordinate system (please see #7 below for further information).
Stormwater Maintenance Agreement and O & M Plan Required:
All post - construction Best Management Practices (BMP's) for water quality must be maintained and
inspected by the property owner(s) per Section 20 -34 of the City of Wheat Ridge Municipal Code of
Laws. For stormwater quality facilities including, but not limited to, above - ground or underground
detention facilities, porous landscape detention areas, porous pavement, infiltration basins, grass -lined
swales, centrifuge type devices such as a Rinker Stormcepter®, for a hydrodynamic separation
system such as a Contech Vortechs®, or for any other water quality BMP's, a Stormwater
Maintenance Agreement accompanied by an Operations and Maintenance Schedule/Log will be
required prior to issuance of the Certificate of Occupancy. The O & M Schedule/Log must be kept
wwwxi.wheatrid gexo. u s
4859 Miller St - Abra Wolf Auto - reviewllr.do
Public Works Engineering
February 8, 2010
Page 3
current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat
Ridge requirements. Please contact Mr. William LaRow, Stormwater Program Manager at
303.235.2871 for additional information.
4. Application for Minor Grading/Fill Permit:
Prior to the commencement of any onsite grading or any construction activities, an application for a
Grading/Fill Permit along with the fees due shall be submitted for review and approval.
Drainage Certification Required Prior to C.C.
Upon completion of the drainage improvements, the Engineer -of- Record Mr. Andrew J. Manner, P.E., shall
provide to the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the
site grading was completed per the approved Grading & Erosion Control and Drainage Plans, all drainage
facilities were constructed and shall function as defined in the approved Drainage Letter and Plan, and that the
site has been accurately surveyed to confirm that the grading and the construction of all drainage facilities was
completed in accordance with these documents. The Drainage Certification Letter shall be submitted to the
City for review and approval, and shall be accompanied with As -Built Plans for all constructed drainage
facilities prior to issuance of a Certificate of Occupancy (or Certificate of Completion).
Two (2) copies of the "As- Built" Plans shall be submitted as follows:
a. 1 copy is to be on full -size 24" X 36 " bond paper, signed and sealed, and
b. I copy is to be on electronic media (DVD or CD -ROM) and shall be in AutoCAD 2000 -2007 .dwg
format only.
7. Important Information
Information pertaining to the Public Works development requirements, land surveying, platting, and ROW
information, as well as the City's Standard Street Construction, and Stormwater /Erosion Control Details are
available on the City of Wheat Ridge website at:
www. ci.wheatridQe. co. us
The above comments are as of the date reviewed and may not reflect all comments from any other
departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
City Surveyor/Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Meredith Reckert, Senior Planner
Chuck Braden, Engineering Technician
File
www.ci.wh eatrid ge. co. us
4859 Miller St - Abra Wolf Auto- rmewlitr.doe
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January 15t 2010
David F. Brossman, P.L.S.
Development Review Engineer
City of Wheat Ridge
1120 W 45th Ave
Wheat Ridge, CO 80215
Ref: Drainage Letter
4859 Miller Street
Project No. 207 -060
Dear David:
The purpose of this Drainage Letter is to address the drainage for the proposed
improvement to the property located at 4859 Miller Street. The subject property is
located north of the current Abra Auto Body Shop and the Wolf Truck/Auto Sales facility
northwest of the intersection of the 1 -70 frontage road and Miller Street. On the north
side of the property is Ficco Investments an industrial plumbing business. West of the
property is an existing industrial development owned by RW Gasham.
The existing site is slightly under two acres in size. The east acre is shown as parcel A
and is occupied by three existing buildings that are currently being used as storage, but
will be removed as part of the proposed improvements. Parcel A is partially covered
with an existing recycled asphalt surface that will be removed and replaced with new
asphalt pavement. The west acre shown as parcel B is vacant property with a small
portion at the south end presently paved. There are no proposed improvements for
parcel B at this time.
Existing topography for the site is shown in one half foot increments since the site is so
flat. Drainage presently goes from west to east with the low portion of the site being in
the north east corner of the property and the majority of the water discharging across
the Ficco Investments parking lot. A small amount of drainage on the south east side of
the property drains into the curb and gutter on Miller Street. The drainage that flows
across the Ficco parking lot flows north across the Ficco property to the Xcel overhead
power line easement where it flows into a City of Wheat Ridge storm drain pipe end
section. This pipe then connects to the City of Wheat Ridge storm drain system that
flows east on 49th Avenue.
The proposed project would utilize the existing conditions as much as possible and limit
the increased impervious area to less than 10,000 square feet. Existing drainage
patterns would not be changed. The property is being rezoned to allow parking on
parcel B for Abra Auto Body and car sales and parking on parcel A for Wolf Auto Sales.
Because the total amount of impervious pavement areas will be limited to less than
10,000 square feet, detention is not required. However, in an effort to provide water
1237a W.AQUEDUCT DR • L=LETON CO 80127 0 PHONE: 720.251.4192 a AQUEDUCT.ENDINEERIN000MAIL.COM
quality for the site, a landscaped area approximately 10 feet by 160 feet on the east
side of the property will be graded to be lower than the existing grades to create a water
quality capture area to filter the storm water leaving the site.
The impacts of the proposed rezoning should not adversely affect downstream property
owners since the site will not be improved to increase runoff. Existing drainage
characteristics will be maintained and utilized.
If you require additional information regarding the drainage for this site please feel free
to contact me at the address and number listed on the front page.
Sincerely, `
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Andrew Js arner;,PE
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City of
Wheat�dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
August 5, 2009
Crystal M. Sullivan
Alliance Consulting Engineers and Surveyors
5440 Ward Road
Suite 240
Arvada., CO 80002
Dear Ms. Sulliivan:
Wheat Ridge, CO 8003 -8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your request for your second submittal regarding a request for a zone change
from and A -1, Agriculture -One to Planned Commercial Development and for approval of an Outline
Development Plan for property located at 4859 Miller Street. I have reviewed the submittal package and
have the following comments:
PAGE ONE
1. In order to meet the minimum requirements of an Outline Development Plan, add the following
note: "All off - street parking shall be in accordance with Section 26 -501 of the Wheat Ridge code
of Laws."
2. In order to meet the minimum requirements of an Outline Development Plan, add the following
note: "All landscaping shall be in accordance with Section 26 -502 of the Wheat Ridge code of
Laws."
3. In order to meet the minimum requirements of an Outline Development Plan, add the following
note: "All exterior lighting shall be in accordance with Section 26 -503 of the Wheat Ridge code of
Laws."
4. In order to meet the minimum requirements of an Outline Development Plan, add the following
note: "All fencing shall be in accordance with Section 26 -603 of the Wheat Ridge code of Laws."
5. In order to meet the minimum requirements of an Outline Development Plan, add the following
note: "All signage shall be in accordance with Article VII of the Wheat Ridge code of Laws."
6. In order to meet the minimum requirements of an Outline Development Plan, add the following
note: "Architectural design and detail shall be in accordance with the Architectural and Site
Design Manual."
7. Expand the character of development discussion to address both interim and long term use of the
property. This should include a tentative timeframe and proposed improvements.
PAGE TWO
The City's standards for car lots requires the following:
Sec. 26 -628. Motor vehicle, farm implement, recreational vehicle, mobile or modular home,
motorcycle, boat trailer and equipment sales, rental and storage lots.
A. As applied where outdoor display or inventory storage is proposed.
B. Sales, rental and service of a truck- tractor or semi - trailer is prohibited.
www.d.wheatridge.co.us
improvements as is typically required for other commercial property development. Due to the extension
of the car lot use and reliance on the adjacent parcel in order to use the property, Staff will not support the
application unless the property to the south is included. If the property to the south is not included, Staff
will continuing processing the application but will not be supporting it through the public hearing process.
AGENCYREFERRALS
Attached are referrals received from other city departments and outside agencies regarding the plat
document.
City of Wheat Ridge Public Works Department: See attached comments from Dave Brossman dated
July 27, 2009.
This concludes the summary of comments. Please address each of these comments by revising the
drawings accordingly. For clarification on any of these issues, please feel free to contact any of the
Development Review committee members:
Community Development Meredith Reckert 303 - 235 -2848
Public Works Dave Brossman 303- 235 -2864
Traffic Engineering Mark Westberg 303 - 235 -2863
Once the changes have been made, please submit five copies of revised plan sets and technical documents
plus original redmarks.
If you have any questions or need further clarification, do not hesitate to contact me at 303 - 235 -2848.
)mcerely,
Meredith Reckert, AICP
Senior Planner
c: WZ -08 -05
s �I City of
Wheat1<i!jge
PUBLIC WORKS
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
July 27, 2009
Ms. Crystal M. Sullivan, EI
Alliance Development Services
5440 Ward Road, Suite 240
Arvada, CO 80215
720.898.0660
Wheat Ridge, CO 80033 - 8001 P: 303.235.2861 F: 303.235.2857
Re: Second Review Comments of the Dearing/Wolf Auto Outline Development Plan and Drainage
Letter.
Dear Ms. Sullivan,
I have completed the second review of the ODP received on July 17, 2009, for the above referenced
development located at 4859 Miller Street, and I have the following comments:
General Comments
1. Based upon the responses to my first review comments, there is apparently a misconception as to the
drainage requirements for this commercial site. During the previous discussion on June 17, 2008 with
Mr. David Moore, staff was given the impression only minimal improvements were going to be made
to Parcel A due to the "interim" condition your client stated this would be. It was understood that only
the area currently covered with recycled asphalt would be replaced with asphalt pavement. Those
improvements were proposed as be the minimum necessary to achieve approval of an Outline
Development Plan to rezone Parcel A, and thus utilize that minimal area to park inventory for his auto
dealership. Under that scenario, where only a relatively small portion (i.e., between 3,000 and 10,000
square feet) of Parcel A would be paved, it is true that only water quality measures would be required
per the City of Wheat Ridge Site Drainage Requirements (see attached). If however, the site
imperviousness is to be increased by more than 10,000 square feet as is currently proposed, then this
project falls within the Major Redevelopment category of the Site Drainage Requirements, and full
flood attenuation detention shall be required. If your client wishes to not construct flood attenuation
facilities but rather address only water quality, then he must agree to reduce the proposed pavement
area to less than 10 11 .
2. As stated in the first PW review comments from July 7, 2008, "If it is anticipated that either Parcel A
or Parcel B is to be fully utilized to the extent of the City Code (80% impervious), then a Preliminary
Drainage Report describing how the drainage is to be addressed for a full- build -out condition will be
required for the ODP. The Preliminary Report shall include all stormwater flood attenuation detention
and include the WQCV calculations, and adhere to the Site Drainage Requirements outline. The
Preliminary Report must be submitted for review and approval prior to City approval of the site
zoning. " Therefore, as stated above, the current proposal will require a Preliminary Drainage Report be
submitted for review and approval prior to PW approval of the ODP. A Final Drainage Report must be
submitted for review and approval prior to the issuance of any Building (paving) or Grading/Fill
Permits.
3. Based upon the submitted ODP, a rough calculation shows that about the area proposed to be
impervious asphalt pavement exceeds the 10,000 W threshold by nearly three times, and comprises
about 75% of the total area of Parcel A. This sure seems awful close to the 80% fill- buildout potential
mentioned in General Comment 2 above.
wNvwxi.wheatridge.co.us
Public Works Engineering
July 27, 2009
Page 2
4. Proposing about 30, 000 square feet of new asphalt pavement requires a sizeable monetary investment
by Mr. Dearing, and therefore does not appear to be an "interim condition" as stated in the reply letter.
Generally speaking, when an owner wishes to invest this amount of money into his property it usually
remains as -is for a very long time (a decade or more). If the site was to remain as proposed for ten
years (or for an indefinite time), it can not be viewed as being an "interim condition ".
DRAINAGE:
Drainage Letter
1. There was no revised Drainage Letter included with the submittal; the previous review comments
have not been adequately addressed.
2. If the extent of asphalt paving as currently shown on the ODP is to be pursued, a full Preliminary
Drainage Report will be required (as opposed to only the Drainage Letter).
3. If an "INFILTRATION AREA" is to be proposed, for Public Works to approve such a design the
following information must be submitted for review and approval:
a. The calculations for the volume required and provided.
b. Percolation test data, with a minimum of two test holes lying within the proposed
infiltration area.
c. A discussion of the percolation test data (that the proposed system will properly function);
use the test data to support the statements made.
4. The reply letter does not adequately address the previous first submittal comments regarding the
"interim use ". In order to be considered an "interim use" a definite timeframe (expiration date of the
"interim use ") will need to be defined. Based upon the current submittal (refer to General Comment #4
above), it is obvious your client intends to use Parcel A in the "interim" condition for an unspecified
and indefinite period. Therefore, Public Works has no choice but to view the current proposal as one
"phase" of a multi -phase development. The entire site, which includes Parcel A and Parcel B, will be
treated as a single, multi -phase development with each phase being constructed independently. A
detailed Preliminary Drainage Report & Plan for the entire site will be required describing how the Site
Drainage Requirements will be full The Report will describe each Parcel as a "phase ", i.e., the
existing pavement on Parcel B as being one phase, the current "interim" proposal for Parcel A as a
second phase, and the final, future, full 80% (commercial) build -out condition for both parcels being
the third or final phase. A Preliminary Drainage Report & Plan must be submitted for review and
approval prior to Public Works approval of the ODP.
5. If a Preliminary Drainage Report & Plan is to be included with the next submittal, please discuss
whether the infiltration basin as shown will serve as the sole detention facility (100 - year +50 %WQCV)
for the entire site (both Parcels A & B), and provide language that sufficient percolation and soil data
will be furnished in the Final Drainage Report to support any statements made regarding the proper
functionality of this design.
6. Also provide in the Preliminary Drainage Report a possible alternative design to the infiltration basin
should the soils and percolation tests prove prohibitive for infiltration design, and also state that the
details of the alternate design will be explicitly defined in the Final Drainage Report. (The idea here is
to show you will be able to provide a detention design which will function properly should the rezoning
be approved).
wwwxi.wheatridgexo. s
4859 MBler St -Abrn Wolf Aato- review2.ltr.doc
Public Works Engineering
July 27, 2009
Page 3
LAND PLANNING:
Outline Development Plan
Sheet 1 (Cover Sheet):
1. The Municipal Code of Laws requires the Legal Descriptions to include a tie to the Section and be on
the Current City Datum, which is a ground -based modified form of the NAD83/92 State Plane
coordinate system (please see attached land surveying information).
2. Include a Basis of Bearing Statement, which must be a section or '/4 section line on the Current City
Datum. Sixteenth or other aliquot lines can not be used as a Basis of Bearings.
3. Need to double -check the Legal Description for Parcel A as it doesn't close as written, and does not
correspond to the bearings and distances shown on the graphical portion on Sheet 2.
4. Need to include the following Note regarding the horizontal coordinate system used:
a. The coordinate system used for this ODP is the City of Wheat Ridge "Current City Datum ", a
modified form of the NAD83192 State Plane Coordinate System, Central Zone 0502.
5. The Surveyor's Certification as written states that a boundary survey has been performed by you.
Therefore, please include the "As- Measured" (AM) and Record (R) bearings & distances should be
shown on the graphical portion of the boundary on Sheet 2.
6. Include a Note stating that "the cross - access and detention easements shown on Sheet 2 will be by
separate instrument prior to issuance of any Building or Grading Permits ".
Sheet 2 (Landscape and Site Plan):
1. The bearings for the lot boundaries will need to be modified to be on the Current City Datum, and a tie
to a Section Corner, Quarter- Section Corner, or to a City of Wheat Ridge Permanent High Accuracy
Control (PHAC) point is also required.
2. Need to identify the Infiltration Area" as being fully enveloped in a Stormwater Detention Easement
(see redlined Plan).
3. Please include the "As- Measured" (AM) and Record (R) bearings & distances on the parcel boundary.
4. Scale bar needs to denote the distances shown are "In U.S. Survey Feet".
The Public Works Department requires 2 hardcopies accompanied by one electronic
copy of both the OUP and Preliminary Drainage Report in PDF format. The electronic
file may be delivered on CD -ROM with the next submittal, or sent by e-mail to me at:
dbrossman(aci.wheatridee.co.us .
Submittal Requirements
Please be advised that submittals will not be considered as being under review until all of the above - stated
submittal requirements have been received. Incomplete submittals will be returned to the applicant
without being reviewed.
www.ci.wheatrid ge.co.us
4859 Miller St - Abra Wolf Auto - review2.IV.doc
Public Works Engineering
July 27, 2009
Page 4
OTHER ITEMS:
Please note that items I through 8 below will be required subsequent to approval of the ODP and prior
to the issuance of any Building (Paving) or Grading Permits:
1. Final Drainage Report
If the current paving design is to be adhered to, a full Final Drainage Report shall be submitted for
review and approval.
2. Construction Plans
Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado,
shall be required for all drainage - related items such as detention ponds, outlet structures,
drainageways or pans, and curb & gutter. Include street plan and profiles for any proposed roadway
improvements along property frontages, and construction drawings for all public improvements to be
constructed. Include all COWR standard details for all proposed constructed items (please see #9
below for further information).
3. Cross - Access Easement
A cross - access easement deed to allow for movement between Parcel A and Parcel B as indicated on
the ODP shall be submitted for review and approval. The Legal Description for this deed must
include a section tie and be on the Current City Datum which is a ground -based modified form of the
NAD83/92 State Plane coordinate system (please see 49 below for further information).
4. Stormwater Detention Easement
A stormwater detention easement deed shall be submitted for review and approval for any area
designated as detention area or infiltration area on the ODP. The Legal Description for this deed
must include a section tie and be on the Current City Datum a ground -based modified form of the
NAD83/92 State Plane coordinate system.
5. Stormwater Maintenance Agreement and O & M Plan Required:
All post- construction Best Management Practices (BMP's) for water quality must be maintained and
inspected by the property owner(s) per Section 20 -34 of the City of Wheat Ridge Municipal Code of
Laws. For the stormwater quality facilities including, but not limited to, above - ground or
underground detention facilities, porous landscape detention areas, porous pavement, infiltration
basins, centrifuge type devices such as a Rinker StormcepterO, or for a hydrodynamic separation
system such as a Contech Vortechs®, a Stormwater Maintenance Agreement accompanied by an
Operations and Maintenance (O & M) Schedule /Log will be required prior to issuance of the
Certificate of Occupancy. The O & M Schedule/Log must be kept current and will be inspected on a
regular basis by City staff to ensure compliance with City of Wheat Ridge requirements
6. NPDES /CDPS Permit and Stormwater Management Plan:
If the proposed area of construction is greater than 1 acre, the Federal Clean Water Act implemented
by the EPA requires that stormwater discharges from certain types of facilities as part National
Pollutant Discharge Elimination System ( NPDES) be authorized under stormwater discharge permits.
An NPDES permit is required for all construction sites greater than one (1) acre in size. The area of
disturbance for the proposed expansion is greater than one acre and shall therefore comply with
NPDES regulations. The NPDES permit for construction activities is issued by the State through the
Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado
Department of Public Health & Environment, Water Quality Control Division. A Stormwater
wwwxi.wheatridgexo.0 s
4859 Miller St - Aka Wolf Auto- reviewIltr.dm
Public Works Engineering
July 27, 2009
Page 5
Management Plan (SWMP) detailing the Best Management Practices to be utilized during
construction is required with this development. A Copy of the CDPS Permit and Stormwater
Management Plan (SWMP) shall be submitted to the Department of Public Works for review and
approval prior to issuance of any Grading/Fill or Building Permits.
7. Application for Minor Grading/Fill Permit:
Prior to the commencement of any onsite grading or construction activities, an application for a
Grading/Fill Permit along with the fees due shall be submitted for review and approval.
8. Drainage Certification Required Prior to C.C.
Upon completion of the drainage improvements, the Engineer -of- Record Mr. David , P.E., shall provide to
the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the site grading
was completed per the approved Grading & Erosion Control and Drainage Plans, all drainage facilities were
constructed and shall function as defined in the approved Final Drainage Report/Plan, and that the site has
been accurately surveyed to confirm that the grading and the construction of all drainage facilities was
completed in accordance with these documents. The Drainage Certification Letter shall be submitted to the
City for review and approval, and shall be accompanied with As -Built Plans for all constructed drainage
facilities prior to issuance of a Certificate of Occupancy (or Certificate of Completion).
Two (2) copies of the "As- Built" Plans shall be submitted as follows:
a. 1 copy is to be on full -size 24" X 36 " bond paper, signed and sealed, and
b. 1 copy is to be on electronic media (DVD or CD -ROM) and shall be in AutoCAD 2000 -2007 .dwg
format only.
10. Important Information
Information pertaining to the Public Works development requirements, land surveying, platting, and ROW
information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are
available on the City of Wheat Ridge website at:
V;ww.ci.Wheatridge.co.us
The above comments are as of the date reviewed and may not reflect all comments from any other
departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
City Surveyor/Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Meredith Reckert, Senior Planner
File
ww A.wheatridge.co.us
4859 Miller St - Abra Wolf Auto - review2ltr.doe
City of
Wheat jdge
-- COMMUNITY DEVELOPMENT
Memorandum
TO: Dave Brossman
FROM: Meredith Reckert
DATE: July 17, 2009
SUBJECT: Case No. WZ- 08 -05/ Dearing
Attached please find two copies of the amended Outline Development Plan, response letter and
original redmarks. Please review and comment at your convenience.
i
I
(C A111ance,consultine !
E[I$jFlBBlS 6: SUN@y0[S PLANNING •ENGINEERING •STRUCTURAL •PROJECT MANAGEMENT •CONSTRUCTION MANAGEMENT
4859 MILLER STREET REZONING
ODP
RESPONSE TO COMMENTS
July 2, 2009
Meredith Reekert, AICP
City of Wheat Ridge
Senior Planner
Page One
1.
The first line has been modified to read "Miller Street Commercial Planned
Commercial Development ".
2.
Surveyor's certificate has been modified.
3.
Name, address, and phone number has been added to the certificate.
4.
W. 50"' Ave. has been extended east.:
5.
Name, address, and phone number has been added to the certificate.
6.
The case number has been added.
7.
"Display " 'has been added to the allowed uses.
8.
"Agriculture- One" has been added to the certificate.
9.
"`..storage, display and sales" has been changed and added to the certificate.
10.
There are no plans for future development beyond meeting the minimum requirements
for the rezone at this time. Future development would occur when and if the owner
were to sell the property in its entirety. The property is not for sale, and this is not
something expected in the near future.
11.
The line "Permanent uses and design standards will be established at that time." Has
been added to the certificate.
12.
The language for the community development director has been modified to the city
certification.
Page Two
1.
The first line has been modified to read "Miller Street Commercial Planned
Commercial Development ".
2.
W. 50' Ave. has been extended east.
3.
I'70 Frontage Road has been renamed to "West I -70 Frontage Road North.
4.
Area is called out to be native seeding.
5.
Recycled asphalt has been called out "to be removed". Proposed Asphalt and striping
for parking and display are now shown on the plan.
6.
A cross - access note is now shown on the plan. Both parcels will be accessed from the
south across the south property line. The some cross- access note has been added across
the lot line between parcels A and B for any future access.
1
5440 Ward Rd. Ste 240 • Arvada CO 80002 Phone: 720.898.0660 Fax: 303.424.8134'• Website: adsengineenixom
7. We were originally told that for the interim use of the property, we would need to
provide some water quality utilizing sod and landscaping along Miller Street. We have
shown a detention area on the plan, but it is sized based on the interim use because the
future use of the property is unknown at this time.
8. The existing buildings are now shown as "to be removed."
9. There is landscaping shown along the frontage of Miller Street. There will be paving -
on parcel "A" and the remainder of the site shall stay as it is. There will not be
perimeter landscaping done at time.
10. A site data table has been added to the plan. With the exception of the added paved
area on parcel "A" the site shall remain undisturbed.
1 L Lighting is proposed on the site and approximate locations are shown on the plan.
12. No signing is proposed for the site.
13. There is no proposed fencing. The existing fencing along the northern boundary, and
the proposed landscaping should act as a barrier between the parking and Miller Street.
Dave Brossman
City of Wheat Ridge
Development Review Engineer
Drainage Letter
L The area to be paved has been outlined on the plan.
2. There will not be any improvements on Parcel B at this time during the interim. All
improvements shall be on Parcel A and shall include landscaping along the frontage of
Miller Street for water quality purposes as discussed by yourself and David Moore on
June 17' 2008. The recycled asphalt shall be removed and paving shall be put.init
place for the parking and showing of car sales.
3. For the interim use, there will not be 80 % impervious on the two parcels. Per the same
meeting on June 17`n 2008 with David Moore it was stated that detention will not need
to be.proyided at this time only some water quality control.
Sheeta (Cover Sheet)
1. A tie to the section has been added to the legal description. The plan is now on the city,
datum.
2. A basis of bearing has been added.
3. Legal description has been revised to close.
4. A boundary survey has been done.
Sheet 2 (Landscape and site plan)
1. The lot bearings have been modified to be on the city datum. A section tie has also
been added.
2. Basis of bearing has also been added.
2f
3. Concrete slab has been added to the plan and the recycled asphalt shall be removed and
asphalt pavement to be placed in it place.
Robert Arnold
Valley Water District
District Manager
1. Water service is not needed at this.time this is an interim plan for the site that does not
include any services.
2. At the time of final long -term build out to the site Denver Water rules regulations
shall be followed.
3. Fire hydrants are shown on the plan.
4. No additional buildings are being proposed at this time.
5. A plat will be submitted at the time of final development.'
6. Since no water lines are being proposed there is not a need for easements at this time.
Ryan Stachelski
City of Wheat Ridge
Economic Development Specialist
There will be surfacing on the site. The recycled asphalt will be removed, and there will be
paving operations performed on the site. There will also be landscaping along the frontage of Miller
Street:
Steve Steigleder
Deputy Fire Marshal
1. The only improvements that are being called for are the removal of existing recycled
asphalt which will be replaced with a proposed asphalt surface, and new landscaping to ,
be installed along the frontage of Miller Street.
2. Access to the sites will be from the south.
3. Access to: the sites will be from the south.
4. At this time there are no additional structures being proposed on the site.
5. No roads are being built on the site.
6. There is not a proposed long -tern use for the site at this time, so there will not be any
roads built'at this time.
7. There will not be any dead end fire access roads on this site.
8. The existing buildings are to be removed, and are now shown as such on the plans.
9. The parking layout;is now shown on the plan.
10. The existing buildings on Parcel A are to be removed, and no other modifications are
proposed at this time.
11. The existing fire hydrants are shown on the plan.'
12. No additional buildings are being proposed at this time so there are no fire hydrants
proposed at this time.
3'
Page 1 of 3
Meredith Reckert
From: Kenneth Johnstone
Sent: Friday, October 31, 2008 10:40 AM
To: Jerry DiTullio
Cc: Meredith Reckert
Subject: RE: Visitor
Mayor,
I would echo Meredith's comments and just add one additional comment. The applicant had indicated
that they did not want to be held to the full city requirements because it was an "interim" use. It is
staff's belief that most "interim" uses (even those with agreed upon "interim" timelines) do not end up
being interim uses, they end up being long term uses, which is why we believe it is important that they
be held to city zoning, subdivision and design requirements. Let us know if you have other questions.
Thanks.
Ken Johnstone, AIC'P
Commm11iry Development Director
Wheat Ridge, Colorado 80033
Office Phone: 303 -23 � -2844
C cal je p
aa�.iAIUN IT)' D E13 Uir` MINI t "'
From: Meredith Reckert
Sent: Friday, October 31, 2008 10:24 AM
To: Jerry DiTullio
Cc: Kenneth Johnstone
Subject: RE: Visitor
Hi, Jerry-
Thanks for checking with me before calling Mr. Wolf back.
As you are aware, Mr. Wolf is the tenant at Wolf Auto located at the corner of Miller and 1 -70 Frontage Road
North. We spent about two years with him in code enforcement negotiations regarding violations at his auto sales
lot. We finally we able to reach an agreement in December of last year in which we had him pave his display lot
and install minimal landscaping along the lot's street frontages.
Mr. Wolf was also storing his sales vehicles illegally on a property located directly to the north which is zoned A-
1. This land is owned by the same person (Dan Dearing) and once, again, we have been negotiating with Mr.
Dearing on numerous code violations. Part of the issue with this parcel is it is zoned Agriculture which allows
single family residences and farming operations. Mr. Wolf has been using is illegally for about five years. We
finally were able to get the property owner to proceed with a zone change to allow commercial use of the
property.
A zone change application was submitted in July. One of the issues is that they (owner and Mr. Wolf) want the
right to use the property commercially but want to make VERY MINIMAL IMPROVEMENTS. This is hard for
staff to support when other auto dealerships in the area were made to heavily invest in their dealership
properties. There are also issues with right -of -way dedications based on future improvements to Miller and 50�h
10/31/2008
Page 2 of 3
Avenue. Based on discussions with the development review team, I have informed the owner via his consulting
team that we will require all of his ownership rezoned as a package with upgraded improvements on all of it. The
owner does not agree with this and I have not had any more communication with him or his team since October.
If you need any other info, please let me know. I would suspect that discussions with Mr. Wolf will not reflect
favorably on staff (me).
Meredith
Meredith Recicert, AICP
Senior Planner
Office Rhone.: 303 -23J -28413
6W at
yy hci - .31.1' 2dge
>tu ,u3 9'2i vtit)e�eln�
From: Jerry DiTullio [ mailto :jerryditullio @comcast.net]
Sent: Thursday, October 30, 2008 7:48 PM
To: Meredith Reckert
Cc: Janice Smothers
Subject: FW: Visitor
Meredith,
Please see below... Any updates on this before I call? Wolf Auto?
I�iFTi1!�
Mayor Jerry DiTullio
Wheat Ridge City Hall
7500 W. 29th Ave.
Wheat Ridge, Colorado 80033
Office: 303.235.2800
Cell: 720.253.6785
Never confuse motion with action - Benjamin Franklin
�' of
Wheat
..✓" OFr9C F, (}t - 1 K Wyo f2
CONFIDEN NOTICE: This e -mail contains business- confidential information. It is intended only for the use of the
individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution,
electronic storage or use of this communication is prohibited. If you received this communication in error, please notifyus
immediately bye -mail, attaching the original message, and delete the original message from your computer, and any network to
which your computer is connected. Thank you.
- - - -- Original Message---- -
From: Janice Smothers [ mailto :jsmothers @ci.wheatridge.co.us]
Sent: Wednesday, October 29, 2008 11:52 AM
To: Jerry DiTullio
Subject: Visitor
10/31/2008
Page 3 of 3
Jerry:
Phil Wolf stopped in today and asked that you give him a call. His number is 303/931 -9096.
or e -mail pkwolf1_ @gmail.com
Janice Smothers
Admin. Assistant to the Mayor and City Council
'500 W. 29th Avenue
Wheat Ridee- Colorado 80033
Office Phone: 303 -235 -2815
Fax: 303- 234-28
l6Rib.L t.l \'l)Oa It IdbC.CQ tJti
Cit of
Whczt Kid.., =
{ ttK-LOt ,ifL MAY 01,
CONFIDENTIALITY NOTICE: This a -mail contains business-confidential information. It is intended only for the use of the individual or entity named
above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is
prohibited. If you received this communication in error, please notify us innmediately by e -mail, attaching the original message, and delete the original
message from your computer, and any network to which your computer is connected. Thank you.
10/31/2008
City of
W heat P, dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29 Ave.
August 18, 2008
Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
David Moore
Alliance Consulting Engineers and Surveyors
5440 Ward Road
Suite 240
Arvada., CO 80002
Dear Mr. Moore:
This letter is in regard to your request for approval of a zone change from and A -1, Agriculture -One to
Planned Residential Development and for approval of an Outline Development Plan for property located
at 4859 Miller Street. I have reviewed the submittal package and have the following comments.
PAGE ONE
1. Modify the first line of the title so it reads: "Miller Street Commercial Planned
Commercial Development ".
2. Modify the surveyor's certificate in accordance with the attached language.
3. In the surveyor's certificate, designate who the surveyor of record will be with name,
address and telephone number.
C In the vicinity map, show W. 50 extending east from Miller Street.
5. In the "Owner's Certificate ", designate the name, address and phone number of the person
who will be signing the document.
6. In the case history box, add the following case number: WZ- 08 -05.
7. Under "Allowed uses ", expand the second line to read "for storage, display, and sales."
S. Under "Character of Development ", modify the reference to existing zoning as
"Agriculture- One ".
9. Under "Character of Development ", modify the third line to "for vehicle parking, storage,
display and sales."
10. Expand the character of development discussion to address both interim and long term use
of the property. This should include a tentative timeframe and proposed improvements.
11. Under "Character of Development ", line 8, add the following sentence, "Permanent uses
and design standards will be established at that time ".
12. In the certification blocks, modify the language for the community development director,
mayor, etc., in accordance with the attached handout.
PAGE TWO
Modify the first line of the title so it reads: "Miller Street Commercial Planned
Commercial Development ".
2. In the vicinity map, show W. 50 extending east from Miller Street.
3. On the drawing, rename the street "West I -70 Frontage Road North ".
www.d.wheatridge.co.us
4. On Parcel B, designate what will occur in the area to the north of the existing parking.
5. On Parcel A, recycled asphalt is not permitted for car sales, display and storage lots. On
the graphic, designate the physical limits of the parking area and specify that it will be
paved with asphalt. Include striping for vehicle display and storage.
6. On the graphic, show access across property lines from adjacent parcels where this will
occur. Parcel B is technically landlocked and therefore, a recorded access easement is
required to legitimize access to it.
7. On the graphic, designate the location of the detention pond which must accommodate
both the interim and long term use of the property.
8. On the graphic, describe how the existing buildings will be utilized.
9. On the graphic, show perimeter landscaping around both parcels.
10. On the graphic, include a site data breakdown for both parcels showing the breakdown of
lot coverage by structures, landscaping and paving and other hard surfaces. These figures
should be shown in square footages and percentages of the total site. A minimum of 20%
landscaped coverage is required.
11. Is lighting proposed? If so, it must be addressed. This is typically done on the first sheet
of the document with a reference to the pertinent section of the zoning and development
code.
12. Is signage proposed? If so, it must be addressed. This is typically done on the first sheet of
the document with a reference to the pertinent section of the zoning and development
code.
13. Is fencing proposed? If so, it must be addressed. This is typically done on the first sheet of
the document with a reference to the pertinent section of the zoning and development
code.
MAJOR ITEMS OF CONCERN
INTERIM USE
The property owner has indicated that this will be an interim use of the property and that it will eventually
be permanently developed. However, no time frarne has been provided and many times these "interim"
uses end up as permanent uses. As such, certain minimum improvements must be provided. These
improvements should include hard surfaced paving for all parking and drive areas and installation of
landscaping on the property. The typical minimum requirement for landscaping is 20 %, although there is
flexibility in this application as it is a planned development. At a minimum, new landscaping must be
provided along the frontage (already shown) and perimeters. Existing native grass areas can be used in
this calculation.
INTEGRATION OF DEVELOPMENT WITH ADJACENT PROPERTY
The current zoning on the property is Agri culture -One. The A -1 zone district allows single family homes
and other agricultural type uses. Under the current zoning the property cannot be used commercially.
Due to code enforcement action for illegal use violations, the property owner has applied for the zone
change so that the adjacent property tenant can use it as an expansion of his vehicle sales lot. It would
appear that the property owner wants the right to use the property commercially without investing
improvements as is typically required for other commercial property development. Due to the extension
of the car lot use and reliance on the adjacent parcel in order to use the property, Staff will not support the
application unless the property to the south is included. If the property to the south is not included, Staff
will continuing processing the application but will not be supporting it through the public hearing process.
AGENCYREFERRALS
Attached are referrals received from other city departments and outside agencies regarding the plat
document.
Valley Water District: See attached letter from Robert Arnold dated August 6, 2008.
Arvada Fire Protection District. See attached letter from Steve Steigleder dated August 6, 2008.
City of Wheat Ridge Police Department: See attached comments from Kyle Ebersole. These comments
were made upon a site inspection of the adjacent property to the south (4855 Miller). Officer Ebersole
indicated that the same comments apply to the subject property.
City of Wheat Ridge Public Works Department. See attached comments from Dave Brossman dated
August 7, 2008.
City of Wheat Ridge Economic Development. See attached comments from Ryan Stachelski dated
Augusts 8, 2008.
This concludes the summary of comments. Please address each of these comments by revising the
drawings accordingly. For clarification on any of these issues, please feel free to contact any of the
Development Review committee members:
Community Development Meredith Reckert 303 - 235 -2848
Public Works Dave Brossman 303 - 235 -2864
Traffic Engineering Mark Westberg 303 - 235 -2863
Once the changes have been made, please submit five copies of revised plan sets and technical documents
plus original redmarks.
If you have any questions or need further clarification, do not hesitate to contact me at 303 - 235 -2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: WZ -08 -05
VALLEY WATER DISTRICT
12101 WEST 52ND AVENUE
WHEAT RIDGE, COLORADO 80033
TELEPHONE 303 - 424 -9661
FAX 303 - 424 -0828
August 6, 2008 p
Meredith Reckert, Senior Planner
City of Wheat Ridge
7500 W. 29 Avenue
Wheat Ridge, CO 80033
Dear Meredith:
In reference to Project #WZ- 08 -05, Dearing property at 4859 Miller St., Valley Water
District has reviewed the inquiry and offers the following comments:
1. Valley Water District can provide water service to the proposed development
subject to Valley Water District rules and regulations. The District will need to meet
with the developers of the project to discuss the design of the water service needs as no
plans have been submitted to us to date. Currently, 4850 Miller Street has a 1" tap that
serves the property.
2. Valley Water District is supplied water through a distributors contract with the
Denver Water Department and must follow Denver Water operating rules and
regulations. The District must also follow all Denver Water mandates with regard to
drought and conservation that may be imposed.
3. Additional water main lines, fire hydrants and fire sprinkler lines may be needed
to serve the property that meet Arvada Fire Protection District requirements which will
be at owner's expense.
4. Each separate building structure will require a separate water tap. Please contact
the District regarding domestic water service prior to construction.
5. The owner will be required to provide a recorded plat of the project to the Valley
Water District.
6. The owner will need to provide necessary easements for water service that meet
Denver Water requirements
If you have any questions, please feel free to contact me.
Sincerely,
Robert Arnold
District Manager
Arvada Fire Protection District
Division of Fire Prevention
August 6, 2008
Ms. Meredith Reckert, Senior Planner
City of Wheat Ridge Community Development (�
7500 W. 29 Ave.
Wheat Ridge, CO 80033
RE: Case Number WZ- 08- 05/Dearing.
Dear Meredith,
We have reviewed the site plan for the Dearing Re- Zoning for conformance with the
International Fire Code, 2003 Edition and have the following comments.
1. The site plan that has been submitted lacks details of the proposed uses for Parcel A
and Parcel B.
2. An access point to Parcels and A and B from Miller Street will need be noted on the
plans The boulders along Miller Street will need to be removed. Access points must
be unobstructed. Emergency access gates will need to be provided and provide a
minimum of 24 feet of unobstructed width. Gates will need to be posted No Parking
Fire Lane with signs that meet City of Wheat Ridge Standards.
3. What is the proposed access through the site from the existing C -1 Zoning to Parcels
A and B?
4. Fire department access roadways shall be a minimum of 24 feet of unobstructed
width. A plan indicating the proposed access roadways will need to be provided
for review and comment
5. Adequate turning radius shall be provided to accommodate a turning radius of
46 feet outside and inside radius with a four foot bumper overhang.
6. Fire department access roadways, by amended code require an all- weather surface
consisting of asphalt, capable of supporting the imposed loads of 58,000 lb. fire
apparatus.
7. Dead end fire department access roadways in excess of 150 feet shall be provided
with approved provisions for the turning around of fire apparatus.
8. What are the proposed uses of the existing buildings on Parcel A.?
9. A parking layout for the automobile display and sales lot will need to be submitted.
7903 Allison Way • Arvada, Colorado 80005 • (303) 424 -3012 • Fax (303) 432 -7995
10. Change of Use or Change of Occupancy maybe required for the use of the
existing buildings. Permits for construction or alteration of existing
buildings will be required.
11. The site plan does not note the location of existing fire hydrants for fire fighting
purposes. The site plan needs to be submitted with the existing fire hydrant
locations.
12. Additional water lines and fire hydrants will need to be provided if sufficient
number of hydrants and or new construction is proposed at the site.
13. What is the schedule for development at the site? Will a time limitation for the use
be established?
We would request that the developer re- submit site plans and answers to the information
requested.
If you have any questions or would need any additional information, please feel free to
call me at 303 - 424 -3012, extension 2013.
Sincerely,
Arvada Fire Protection District
Steve Steig Ser
Deputy Fire Marshal
7
' 10 1 17 0 M
Crime Prevention Survey for Wolf Auto Sales
Conducted by Officer Eversole
July 31 St , 2008
Background:
On July 8` 2008 I conducted a Crime Prevention Through
Environmental Design survey (OPTED) of Wolf Auto Sales, located at 4855
Miller St. I met with Phil Wolf, the owner of the business. Wolf Auto Sales
is a car dealership, in which most of the vehicles for sale are on consignment
contracts. They specialize in large pickups that have had lift kits installed in
them. Wolf Auto has been experiencing vehicle theft and thefts of motor
vehicle parts at this location. Wolf Auto Sales has recently installed a video
security system.
Observations of Wolf Auto Sales:
Upon my arrival at Wolf Auto I noted the building to be a single story
small warehouse type building. The car lot is located on the north, south and
east side of the building. The west side of the building is used primarily for
storage. The lot is located on the northwest corner of I -70 Frontage Rd N.
and Miller St.
There are several types of fencing around the lot. The south fence line
consists of one half rail road ties, standing on end. The other half of the
fence is a split rail type of fence. The posts are wide enough apart to allow a
full size truck to drive in between the posts. The east fence line does not
have a fence, but rather large rocks as a barrier between the lot and the
street. The vehicles sold at this lot are tall enough to go over the rocks with
out causing damage to the undercarriage of the vehicles. There is no fencing
on the north side of the lot. The west side of the lot has a chain link fence
which runs from the north corner to approximately 30 feet from the south
fence line. The rest of the west side does not have any fence.
The landscaping around the facility is minimal. It mostly consists of
weeds and a few very small evergreen bushes.
8/11/2008 1
xT
Crime Prevention Survey for Wolf Auto Sales
Conducted by Officer Eversole
July 31 s % 2008
The camera system has a total of four cameras, two interior and two
exterior. The exterior cameras face east and west from the building. The
interior cameras focus on the office area and the garage area of the building.
The lighting for the lot is adequate. All lights are in working order
and are kept on during the night.
The building has one front door entrance, which has a full plate glass
insert. The door is equipped with a double cylinder lock. The rear entrance
is a large garage door on a garage'door opener. There is also a solid core
door at the rear of the building which has a dead bolt lock. The building is
protected by a security system that is integrated with the camera system. All
windows in the building have a double locking mechanism.
Recommendations:
I recommend the following:
• Install consistent fencing around the perimeter of the lot; this will
improve the look of the lot, while adding to the security of the lot.
Before installing a new fence, insure that it conforms to the City of
Wheat Ridge building code.
• The posts to the fence should be placed close enough together to
prevent a vehicle from being driven in- between them.
• Install another camera on the main light pole in the center of the
lot. This camera should be a pan tilt zoom camera (PTZ) to allow
for better coverage of the lot.
• Consider motion sensor or light beam alarm system for the lot.
• Install landscaping around the perimeter of the lot to keep vehicles
from being driven out of the lot except through the driveways.
• Contact the police department for any and all disturbances,
suspicious activities and criminal actions.
8/11/2008
Crime Prevention Survey for Wolf Auto Sales
Conducted by Officer Eversole
July 31 St , 2008
If you have any questions regarding this information please feel free to
contact me:
Ofc. Kyle Eversole
Crime Prevention Officer
Wheat Ridge Police Department
303 - 235 -2948
keversolegei.wheatridge.co.us
8/11/2008
City of
Wheat Midge
COMMUNITY DEVELOPMENT
Memorandum
TO: Meredith Reckert, Senior Planner
FROM: Ryan Stachelski, Economic Development Specialist
DATE: August 8, 2008
SUBJECT: Referral Response to Case No. WZ -08 -05 /Dearing
The Economic Development (ED) Division supports the proposed zone change from A -1 to
Planned Commercial Development (PCD). However, The Economic Development Division
does not support the proposed Outline Development Plan (ODP), which accompanies the
request for zone change.
The property, currently zoned A -1, is located in a commercial /industrial area of the City.
Changing the zoning of this property will allow for greater utilization of commercial activity.
This property is bordered on all sides with commercial /industrial activity and zoned property,
therefore it is concluded that a zone change in this area would be beneficial to the overall
viability of that area. Further, this zone change does not appear that it would have a negative
effect on surrounding business owners.
With respect to the ODP portion of this requested rezoning, the Economic Development
Division does not support the ODP for the following reasons. The ODP does not appear to
meet the necessary development requirement for a commercially zoned property, specifically
in the area of surfacing, with respect to the proposed use, landscaping coverage, and drainage.
It is also noted that, while the proposed automobile display and sales lot is not the ideal
commercial venture for this location, from the perceptive of the City, this proposed use is
meant to be temporary. The ODP should reflect both the temporary nature of this use and
development standards, which will allow for permanent redevelopment in the future.
/rj s
d '> City of
WheatWdge
PUBLIC WORKS
Memorandum
TO: Meredith Reckert, Senior Planner .�1D
FROM: Dave Brossman, Development Review Engineer Nom" v
DATE: August 7, 2008
SUBJECT: WZ- 08- 05/Dearing
I have completed the first review of the ODP and Drainage Letter received on July 29,
2008, for the above referenced development located at 4859 Miller Street, and I have the
following comments:
DRAINAGE:
Drainage Letter
1. The last sentence of the third paragraph states, "The property is being rezoned
to allow parking on parcel B ... and parking on Parcel A for Wolf Auto Sales."
This statement implies that Wolf Auto will be paving a portion of Parcel A as
required per City Code to park vehicles.
2. If there is to be a phased approach to Parcel A (or B), the Letter will need to be
revised to completely describe all anticipated "phases" of the pertaining to these
parcels. This entails both the construction aspect, as well as the drainage aspect.
3. If it is anticipated that either Parcel A or Parcel B is to be fully utilized to the
extent of the City Code (80% impervious), then a full Final Drainage Report
describing how the drainage is to be addressed for a full- build -out condition
will be required. The Report shall include all stormwater flood attenuation
detention and include the WQCV calculations and adhere to the Site Drainage
Requirements outline. The Report must be submitted for review and approval
prior to City approval of the site zoning.
LAND PLANNING:
Outline Development Plan
Sheet I (Cover Sheet):
1. The Municipal Code of Laws requires the Legal Descriptions to include a tie to
the Section and be on the Current City Datum, which is a ground -based
modified form of the NAD83/92 State Plane coordinate system (please see
Public Works Engineering
August 7, 2008
Page 2
attached land surveying information).
2. Include a Basis of Bearing Statement, which must be a section or `/4 section line
on the Current City Datum.
3. Need to double -check the Legal Description for Parcel A as it doesn't close as
written, and does not correspond to the bearings and distances shown on the
graphical portion on Sheet 2.
4. To be able to sign and seal the Surveyor's Certification as written, a
Professional Land Surveyor will need to actually perform a boundary survey.
Sheet 2 (Landscape and Site Plan):
1. The bearings for the lot boundaries will need to be modified to be on the
Current City Datum, and a tie to a Section Corner, Quarter- Section Corner, or
to a City of Wheat Ridge Permanent High Accuracy Control (PHAC) point is
also required.
2. The basis of bearings will need to correspond to the Basis of Bearings
Statement to be included on Sheet 1, and be on the Current City Datum.
3. Need to show all existing pavement on Parcel A such as the concrete slab or
foundation lying to the west of the (largest) existing building. (Please refer to
the attached aerial photo).
CC: Steve Nguyen, Engineering Manager
File
4859 Miller St - Abra Wolf Auto- reviewl.ltr.doc
o ®d
City Of 7500 W. 29" Avenue
`WheatMidge Wheat Ridge, CO 80033
COMMUNITY DEVELOPMENT
Community Development Referral Form
Date: July 28, 2008 Response Due: August 11, 2008
The Wheat Ridge Community Development Department has received a request for approval of
a zone change from Agriculture -One (A -1) to Planned Commercial Development (PCD) and
for approval of an Outline Development Plan at the property located at 4859 Miller Street. No
response from you will constitute having no objections or concerns regarding this proposal.
Case No.: WZ -08 -05 /Dearing
Request: Rezone from Agriculture -One (A -1) to
and for approval of an Outline Development Plan. T
size. The Outline Development Plan will establish m
standards and permitted uses.
The purpose of this request is for the establishment
Please respond to this request in writing
related concerns pertaining to this applic
improvements to existing infrastructure t
essential to serve the property as a resu
for development in respect to your rules,
contact the case manager.
Case Manager: Meredith
Voice: 303 - 235 -2848
DISTRIBUTION:
Valley Water District
Clear Creek Valley Sanitation
Arvada Fire Protection Distri
Wheat Ridge Post Office /
Xcel Energy
Owest Communications ?
AT &T Broadband
Wheat Ridge Police Q4artm
Wheat Ridge Public Works
Commercial Development (PCD)
-rty is approximately 1.9 acres in
building size, development
of an automobile display and sales lot.
ar your ability to serve the property or with
Ff. Please specify any new infrastructure needed or
rill be required. Include any easements that will be
this development. Please detail the requirements
regulations. If you need further clarification,
mreckert@ci.wheatridge.co.us
fax: 303 - 235 -2847
k.
Vicinity map
5440 Ward Road, Suite 240 - Phone: 720.898.0660
,{. Arvada, CO 80002 Pax: 303.424.8134
Alliance Consulting w ..adsengineersxorn
} Engineers 8 Surveyors
7 -17 -08
David F. Brossman, P.L.S.
Development Review Engineer
City of Wheat Ridge
1120 W 45th Ave
Wheat Ridge, CO 80215
Ref: Drainage Letter
4859 Miller Street
Project No. 207-060
Dear David:
i
This site is located at 4859 Miller Street north of the current Abra Auto Body Shop and
the Wolf Truck/Auto Sales facility northwest of the intersection of the I -70 frontage road
and Miller Street. On the north side of the property is Ficco Investments an industrial
plumbing business. West of the property is an existing industrial development owned by
RW Gasham.
The existing site is two acres in size. The east acre is shown as parcel A and is currently
occupied by three existing buildings that are being used as storage. Parcel A is covered
with an existing recycled; asphalt surface. The west acre shown as parcel B is vacant
property with the south portion of parcel B presently paved.
Existing topography for the site is shown in one half foot increments since the site is so
flat. Drainage presently goes from west to east with the low portion of the site being in
the north east corner of the property and the majority of the water discharging across the
Ficco Investments -parking lot. A small amount of drainage on the south east side of the
property drains into the curb and gutter on Miller Street. The drainage that flows across
the Ficco parking lot flows north across the Ficco property to the Xcel overhead power
line easement where it flows into a City. of Wheat Ridge storm drain pipe end section.
This pipe then connects to the City of Wheat Ridge storm drain system that flows east on
49' Avenue.
The proposed project would utilize the existing; conditions of the site without addition of
more impervious areas. Existing drainage patterns would be kept as they are presently
draining. The property is being rezoned to allow parking on parcel B for Abra Auto
r Body and car sales and parking on parcel A for Wolf Auto Sales.
5440 Ward Road, Suite 240 - Phone: 720.898.0660
Alliance Consulting t1ng
Arvada, CO 80002 Fax: 303.424.8134
v .adsengineersxorn
Engineers Et Surveyors
July 15, 2008
Meredith Reckert, Planner
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80215
Ref: 4859 Miller Street Rezoning
Wheat Ridge, Colorado
Written Request
Job #207 -060
Dear Meredith:
Daniel Dearing Managing Member of 4859 Miller. Street, LLC, requests the rezoning of
his property at 4859 Miller Street in Wheat Ridge, Colorado from A -1 (Agricultural) to
PCD (Planned Commercial Development). The property at this address is divided into
two parcels (Parcel #s 39- 164 -00 -012 and 39- 164 -00 -023) and has a total acreage of 2 +/-
acres. There is an unoccupied existing house, garage and an outbuilding on the property.
The two properties bordering 4859 Miller Street on the south are zoned PID and C -1 and
are used for car repair and car sales respectively:
The purpose of the rezoning request is to allow for car and light track storage on the
subject property for both car repair and car sales. In compliance with Article III Planned
Development District Regulations See. 26 -301 C. 1 of the Wheat Ridge Municipal Code;
rezoning this property to PCD will accomplish compatible development with the adjacent
commercial uses of car repair and car sales.
At this time the property owner does not have a specific development plan and, therefore,
is submitting a Conceptual Outline Development Plan for the rezoning. Specific
development elements such as site layout and building architecture have not been
addressed on this document. The property will remain in its current condition with the
exception of installing landscaping along Miller Street. Mr. Dearing understands that.a
non- administrative amendment to this Outline Development Plan must be submitted prior
to the submittal of Final Development Plan and subsequent site development.
We appreciate your consideration of this Conceptual Outline Development Plan.
Sincer
avid E. Moore, PE
Submittal Checklist (Outline Development Plan)
ProjectName:Iu\',11or Str2 -ck ( .Z:A ua j
Applicant: R. lba�+<i'
Project Planner: Mercdiw. Q-eckerl'
Project Location: '+g,( Kh� Jl _r SV[-
Date: 7 / (612o o S
Fee Paid: 9 i Soo
Neighborhood Meeting Held: V Zo Z„ o g
Information to be submitted and accepted with Outline Development Plan:
✓ 1. Completed, notarized application
✓ 2. Fee
✓3. Proof of ownership (deed)
NA- 4. Power of Attorney (if an agent is acting for property owner)
�15. Written request
_/6. 18 copies of ODP (2406 paper copies - one 11x17 reduction will also be required)
Form and Content of Outline Development Plan
Page One (Title Page)
✓ 1. Title of document (centered at top of page)
�2. Legal description
/3. Small scale location map, with north arrow and scale
✓4. Ownership/Unified control statement
_,L5. Proposed uses for property
N A 6. Phasing /development schedule (if any)
✓ 7. Character of development
✓8. Name /Address /Phone number(s) of architect and engineer associated with the project
Page Two (Conceptual Site Plan)
✓ 1. Property boundary (which corresponds with legal description)
/ 2. Existing/Proposed lot sizes and dimensions
✓3. Minimum setbacks required (from all property lines)
/4. Maximum building height, maximum lot coverage
5. Parking, architectural design and landscaping standards
— 6. Signage, lighting and fencing standards
7. Existing topography (contours at five foot intervals)
i 8. General use areas (building, landscaping, hardscaping or residential, commercial or open
space)
9. Zoning for adjacent properties
X10. Proposed and existing ingress /egress points
,/ 11. Scale and north arrow (scale not to exceed 1 " =100')
,/ 12. Location of any significant land features (ditches, streams, lakes)
13. Project data (by phase) including building area and percentage, paved area and percentage
and landscaping area and percentage
14. Development time schedule (by phase)
/ 15. Signature blocks (examples included)
Additional information which may be required:
1. Traffic study (2 copies)
2. Drainage report (2 copies)
3. Soils report (2 copies)
Standard Note : The lot layout shown on this plan is conceptual only. This document does not
WHE4
v m
01 001 O
The City of
7500 W. 29 Avenue
Wheat Ridge, Colorado 80033
Wheat Ridge
Planning Department 303 - 235 -2846
NOTICE TO MINERAL ESTATE OWNERS
APPLICANTS: You must submit this completed form to the Community Development Department no later
than ten (10) days before the public hearing on your application. Failure to complete and submit this
Certification of Notice shall constitute sufficient grounds to reschedule your public hearing.
I, , as of /with
(Print name) (Position /Job Title)
(Entity applying for permit/approval)
(hereinafter, the "Applicant "), do hereby certify that notice of the application for
(describe type of application)
set for public hearing on
200 , has been sent to all mineral estate owners at least thirty (30) days
before the public hearing, as required by § 24- 65.5- 103(1), C.R.S., or, in the alternative, that the records
of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion
of the pro - y subject to the above referenced application.
Check here if there are no mineral estate owners of any portion of the subject property.
I hereby further certify that I am authorized by the Applicant to make representations contained herein and act
as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these
representations by my signature below.
Dated this day of I 200
By:
A
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Property
Information
Previous 4 OF 11 Next
GENERAL INFORMATION
Page 1 of 1
Schedule: 168335
Status: Active
Parcel ID: 39- 164 -00 -012
Property Type: Vacant Land
Property Address: 04859 MILLER ST
WHEAT RIDGE CO 80033 2213
Mailing Address: SAME ADDRESS AS PROPERTY
Neighborhood: 2320 - APPLERIDGE ESTATES, STANDLEY HEIGHTS, WR GARDN
Print Hel
Owner Name(s)
4859 MILLER STREET LLC
PROPERTY DESCRIPTION
CnhAivicinn Name -
Block
ILot
JlKey
ISection
Township
lRange
lQuartersection
Land Sqft
12 -28 -1989
0
093
116
13
169
SE
45999
1 45999
01 -10 -2000
Total
lBargain Sale Deed
Assessor Parcel Maps Associated with Schedule
map39 164 pdf
Graphi Parcel M ap MapQuest Locat
Sale Date
Sale Amount
I Deed Type
Reception
11 -16 -1982
73,400
CON
12 -28 -1989
0
jPublic Trustee's Deed
89 111843
08 -25 -1998
0
Iwarranty Deed
FQ.77.9287_
01 -10 -2000
0
lBargain Sale Deed
F10034 .
TAX INFORMATION
2009 Payable 2010
View Mill Levy Detail For Year
F201
Treasurer InforRlabon.
View Mill Levy Detail For Year
F201
http:// www. co. jefferson. co .us /ats /displaygeneral.do ?sch= 168335 &offset =3 4/5/2010
Property appraisal system
Property
Information
P revious 5 OF 11 Next
GENERAL INFORMATION
Q; .
V
Page 1 of 1
Schedule: 202804 Parcel ID: 39- 164 -00 -023
Status: Active Property Type: Residential
Property Address: 04859 MILLER ST
WHEAT RIDGE CO 80033
Mailing Address: 14395 BRAUN RD
GOLDEN CO 80401
Neighborhood: 2320 - APPLERIDGE ESTATES, STANDLEY HEIGHTS, WR GARDN
PROPERTY DESCRIPTION
SuhdWminn Name'
Prin Help
Owner Name(s)
4859 MILLER STREET LLC
Block
lLot
lKey
ISection
ITownship
IRange
QuarterSection
Land Sgft
1
Fair
107
16
3
69
SE
41121
0.0000
Total
141121
Assessor Parcel Maps Associated with Schedule
Graphic Parcel Map MepQuest_locet_on
map39164 . Pdf
PROPERTYINVENTORY
Property Type RESID Year Built: 1927 Adjusted Year Built: 1962
Design: Ranch Improvement Number: 1
Item
Quality
No.
MAIN BEDROOM
FIRST FLOOR
2
FULL BATH
Fair
1
Areas
Quality
Construction
Sqft
FIRST FLOOR
Fair
F
513
DETACH GARAGE
Fair
F
1472
RES BLDG /SHED
CLEAR CRK VLY W &S DIST.
F
162
Land Characteristics
Retail
Sale Date
ISale Amount
IDeed Type
lReception
12 -30 -1997
1 255,000
lWarranty Deed
I EO53A
01 -10 -2000
1 0
JBargain Sale Deed
IF1003436
TAX INFORMATION
2009 Payable 2010
20"
Actual Value
Total
170,810
County
Assessed Value
Total
13,600
Treasurer Infor mation
View Mill Levy Detail For Year
20"
2009 Mill Levy Information
Tax District
3105
County
24.3460
School
48.1450
WHEAT RIDGE
1.8300
ARVADA FIRE DIST.
9.5580
CLEAR CRK VLY W &S DIST.
2.8070
REGIONAL TRANSPORTATION DIST.
0.0000
URBAN DRAINAGE &FLOOD CONT DIST
0.5080
URBAN DRAINAGE &FLOOD C SO.PLAT
0.0610
VALLEY W. DIST.
0.0000
Total
87.2550
2009
http:// www. co. jefferson. co .us /ats /displaygeneral.do ?sch= 202804 &offset =4 4/5/2010
Property appraisal system
j Property „�..
1 Fnformetlon J
Previous 5 OF 28 Next
GENERAL INFORMATION
Schedule: 042800
Status: Active
Parcel ID: 39- 164 -00 -016
Property Type: Commercial
Property Address: 04855 MILLER ST
WHEAT RIDGE CO 80033
Mailing Address: 14395 BRAUN RD
GOLDEN CO 80401
Neighborhood: 113
PROPERTY D ESCRIPTION
Print Hel
Page 1 of 1
Owner Name(s)
4855 MILLER STREET LLC
Suhdivicinn Name
Block
Lo[
lKey
ISection
ITownship
lRange
QuarterSection
Land Sqft
02 -28 -1979
125,000
037
CONVER04
05 -01 -1980
185,000
134195
07 -31 -1991
Total
34195
Assessor Parcel Maps Associated with Schedule
map39 -164 odf
uTErn -v
Graphic.. Parce Mao MapQuest Location
Sale Date
Sale Amount
Deed Type
Reception
06 -01 -1976
18,200
CONVERO5_
02 -28 -1979
125,000
CONVER04
05 -01 -1980
185,000
CQNV
07 -31 -1991
0
Quit Claim Deed
C-Q NVERQ1
07 -31 -1991
0
Quit Claim Deed
CONVER0
10 -04 -1991
235,000
Warranty Deed
91093251
01 -10 -2000
1 0
Bargain Sale Deed
FI0 03432
TAX INFORMATION
0 2009
2009 Payable 2010
View Mill Levy Detail For Year
. 201
Trea surer Informati
View Mill Levy Detail For Year
. 201
http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 042800 &offset - 4 4/5/2010
't �5"\
�
I "i
wt�
� S
� v"
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow-Up:
Z0805
Quarter Section Map No.: SE16
Daniel R. Dearing
Related Cases:
clo David E. Moore
Case History: Rezone from A-1 to PCD
ith ODP approval ...
x-8-599 M iller_Stre ° et, LLC
5440 Ward Rd, Ste 240
rvada, CO 80002
720 - 898.0660
14395 Braun Rd.
Golden, CO 80401
1303- 912 -9515
859
Miller Street
heat Ridge, CO 80033
Review Body:
APN:
2nd Review Body:
2nd Review Date:
Decision - making Body:
Approval /Denial Date:
Reso /Ordinance No.:
PC
39- 164 -00-
CC
I_
CC
Conditions of Approval: F�
District: IV
Reckert
dive _ Date Received: 7118/2008__
Pre -App Date: 1711910 7_
CITY OF WHEAT RIDGE
07/18/08 12.34 PM cdbb
DANIEL R DEARING
RECEIPT NO .-CDB000527 AMOUNT
FMSD ZONING APPLICATION F 1,050.00
ZONE
FMSD ZONING REIMBURSEMENT 450.00
ZREIM
PAYMENT RECEIVED AMOUNT
CK 7669 1,500.00
TOTAL 1,500.00
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/ 235 -2846 Fax: 303/235 -2857
A� °� WHE4 >RQ
The City of u m
Wheat Ridge ° °` °RP °°
NEIGHBORHOOD MEETING NOTES
Date: May 20, 2008
City Staff Present: Meredith Recker Senior Planner
Location of meeting: Wheat Ridge Municipal Building, Police Training room
7500 W. 29 Avenue
Wheat Ridge, CO 80033
Property address:
Property owners:
Property Owner(s) present?
Applicant representatives:
Existing Zoning:
4859 Miller Street
Daniel Dearing
4855 Miller Street LLC
4395 Braun Rd
Golden, CO 80401
Yes
David Moore
Patrick Domagall
David Moore
Alliance Consulting
5440 Ward Road, Suite 240
Arvada, CO 80002
720 - 898 -0660
A -1, Agriculture -One
Comprehensive Plan Designation: BP, Planned Business /Industrial Parks
Applicant's Proposal: The applicant would like to rezone the property to legitimize
the use of the property commercial uses (auto sales).
There were no attendees from the neighborhood present.
1
No CJ�accAl Pry 'r
OW�Lj - s �t z w-Qc4 .1,
Neighborhood Meeting
4859 Miller Street Rezoning
May 20, 2008
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APR -24 -2008 08:36 From:ALLIANCE INSURANCE 3034248134 To:3032352857 Paae:1 /2
A Consulting
Engineers a wry
Fax Transmittal
To: Meredith Reckert Date: 24- Apr -08
Co.: City of Wheat Ridge From: Diane Martz
Fax: (303) 235 -2857 Job No.: 207 -060
Re: 4855 and 4859 Miller Street Rezoning Neighborhood Meeting Notice
Note: I have revised the notification as per your comments. Please let
me know if this is approved for use in the public notification of the
May 20, 2008 Neighborhood Meeting.
Pages (including cover): 2
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Alliance Consulting 5440 Ward Road, Suite 240 Telephone 720 -888 -0660
Englneers Surveyors Arvada, CO 80002 Fax 303 -424 -8134
APR -24 -2008 08:36 From:ALLIANCE INSURANCE 3034248134 To:3032352857 Pa9e:2�2
NOTICE OF NEIGHBORROOD INPUT MEETING
Dan Dearing is proposing a Rezoning from C -1 and A -I to PCD (Planned Commercial
District) on property located at 4855 and 4859 Miller Street in Wheat Ridge, Colorado.
The purpose of the zone change is to allow for the construction of car storage for car
repair and car sales. A neighborhood meeting will be held on Tuesday, May 20th at 6 pm
at the City of Wheat Ridge building, 7500 West 29` Avenue in the second floor police
training room.
The City of Wheat Ridge has adopted a requirement that prior to any application for
Rezoning of property an 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 ol'the meeting will be
entered as testimony, it is the public hearings in front of the Planning Cornmission and
City Council where decisions are rendered. If you want input in the decision- making
process, it is imperative that you attend the public hearings.
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?
• Where will the storrn 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 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
Conununity Development Department
7500 West 20' Avenue
Wheat Ridge, CO 80033
FRUITDALE SANITATION SANDERS WAREHOUSE HCS INVESTMENTS LLC
DISTRICT PARTNERSHIP 10700 W 50TH AVE
4990 MILLER ST 10201 W 49TH AVE WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
PDPP LLC KUNZ LEE R II DUBOIS ROBERT L
4975 MILLER ST 4096 YOUNGFIELD ST 4951 MILLER ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
COLORADO INDUSTRIAL E N K LLC GASHAM R W
PORTFOLIO LLC 1120 LINCOLN ST 720 S COLORADO BLVD 7405
1512 LARIMER ST 325 DENVER CO 80203 DENVER CO 80246
DENVER CO 80202
NEW WORLD VENTURES LLC FICCO INVESTMENT CO LLC 4855 MILLER STREET LLC
5875 N ROGERS AVE 3650 VANCE ST 1 14395 BRAUN RD
CHICAGO IL 60602 WHEAT RIDGE CO 80033 GOLDEN CO 80401
4859 MILLER STREET LLC 4859 MILLER STREET LLC 10501 WEST 48TH AVENUE LLC
14395 BRAUN RD 4859 MILLER ST 14395 BRAUN RD
GOLDEN CO 80401 WHEAT RIDGE CO 80033 GOLDEN CO 80401
MJB MOTELS L L C SIX OAK LIMITED PARTNERSHIP EDWARDS WILLIAM S
3300 NW JEFFERSON ST 610 11445 N. I -70 FRONTAGE RD 6983 DOVER WAY
BLUE SPRINGS MO 64015 WHEAT RIDGE CO 80033 ARVADA CO 80004
KENNEDY JACK T DEARING DANIEL R THORPE ARTHUR L
412 EVERGREEN RD PO BOX 17240 10625 W TAMMY L 48TH AVE
GOLDEN CO 80403 GOLDEN CO 80402 WHEAT W HEAT RIDGE CO 80033
BECK RICHARD P JR FOOTHILLS ACADEMY NH WHEAT RIDGE STATUTORY
BECK DIANA K TRUST
4725 MILLER ST
10451 W 47TH PL WHEAT RIDGE CO 80033 PO BOX 117508
WHEAT RIDGE CO 80033 CARROLLTON TX 75011
HICKMAN SAMUEL W TAYLOR D EL D ADAMS RONALD PETE
HICKMAN GAYLE F PEEK TAYLOR THERESA L ADAMS DEBRA LYNN
10461 W 47TH PL 10615 W 48TH AVE 10471 W 47TH PL
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
B & L MOTELS INC
2810 VINE ST
HAYS KS 67601
CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT
10790 W 50TH AVE 4900 MILLER ST 5000 OAK ST
WHEAT RIDGE, CO 80033 WHEATRIDGE, CO 80033 WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
4950 OAK ST
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10600 W 50TH AVE
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10601 N I -70 FRONTAGE RD
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10 10 1 N I -70 FRONTAGE RD
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
4770 MILLER ST
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10645 N I -70 FRONTAGE RD
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10200 W I -70 FRONTAGE RD
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
4980 OAK ST
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
4955 MILLER ST
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10625 N I -70 FRONTAGE RD
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10501 N I -70 FRONTAGE RD
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
4855 MILLER ST
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
10605 W 48TH AVE
WHEAT RIDGE, CO 80033
CURRENT RESIDENT /TENANT
4770 S MILLER ST
WHEAT RIDGE, CO 80033
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City of
�� Wheat -Midge
POLICE DEPARTMENT
City of Wheat Ridge Municipal Building
05/14/2008
Mr. Daniel Dearing
4859 Miller Street LLC
4859 Miller St
Wheat Ridge, CO 80033
Dear Mr. Dearing,
7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.237.2220 F: 303.235.2949
On 05/04/2008 I responded to your property located at 4859 Miller St to conduct
compliance recheck. Upon my arrival I observed some of the violations remain on the
property. I observed junk, trash and weeds exceeding 12 inches in height on the property.
I observed additional violations on the property. I have included a notice of violation for
the peeling paint on the two out buildings and 4 inoperable vehicles. All of the violations
must be brought into compliance by 05/31/2008 or the property will be abated by the City
of Wheat Ridge.
If you have any questions, please feel free to contact me at 303 - 235 -2982. My work
schedule is Sunday — Wednesday, 6am to 4pm.
Thank you for your help and cooperation in this matter.
Sincerely Your,
L. Backus 05 -2cs
Wheat Ridge Police Department
Community Services Unit
IN.
www.ci.wh eatridgexo. us
City of
" hea E N T
POLICE DEPARTMENT
City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033 -8001 P: 303.237.2220 F: 303.235.2949
NOTICE OF VIOLATION
ATTENTION: ACTION REQUIRED
COMPLIANCE DUE DATE f `� ; _=' %? ! =' Case Report #
Time Observed n Q c 6 ate Observed
Address Y) t f G D, = v
RESIDENT /OWNER/RESPONSIBLE PARTY: fkl
d.nite- t Vi -a (' ir')
Please be advised the followinj City of Wheat Ridge Code violations have been observed on your property:
15 -15 Unlawful Acts: '- li ', `
❑ 15 -24 Littering:
15 -25 Unlawful Activities:
r r -
❑ 24 -51 Weed Control: "
❑ 26 -621 Residential Parking:
❑ 26- Zoning Code /International Property Maintenance Code:
❑ Other:
The above items must be corrected by the compliance date as listed above. If the items have not
been corrected and your property is not in compliance with City Code, you will be issued a citation
with a fine of $150. Continued non - compliance may result in additional fines of $250, $500 and/or
possible abatement of your property. If you have any questions, please contact the Community
Services Officer or Property Inspector listed below.
Officer/Inspector: ( Date
Contact Telephone: (303) 235
www.ci.wheatridge. co.us
__
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3 _ __
Reporting Officer L BACKUS Report Date 9/30/2007
Supervisor Review V WEIGEL Review Date 11/23/2007
Date Printed 3/23/2008 Time Printed 15:25:37 Page 1
WHEAT RIDGE POLICE DEPARTMENT
Case
200711696
INCLUSIVE CASE REPORT
Page
1
Report Title 24 -51 WEED CONTROL (M) Report Datefrime 9/30/2007 2:57:08
PM
Occurred On or BetweenDate/Time 9/30/2007 2:45:53 PM
Incident Location 4859
MILLER ST Apt City WHEAT RIDGE
State CO
Name /Business
Case Clearance
Case Clearance Date
Offense
Offense Code 15 -25
Offense UNLAWFUL ACTIVITIES
CSA
Location FIELD /WOODS
Offense Code 15 -24
Offense LITTERING
CSA
Location FIELD /WOODS
Offense Code 24 -51
Offense WEED CONTROL
CSA
Location FIELD /WOODS
Person
Person Type SUSPECT
Name Type LEGAL
Last DEARING First DANIEL
Middle R
Address Type HOME
Address 14395 BRAUN RD
Apartment
City GOLDEN
State COLORADO Zip 80401 Phone
(303)912 -9515
DOB Age
at Incident _ Sex MALE Race WHITE
Height
Weight
Hair Color
Eye Color Driver License
State
Person Type SUSPECT
Name Type LEGAL
Last DEARING First DANIEL
Middle
Address Type HOME
Address P 0 BOX 17240
Apartment
City GOLDEN
State COLORADO Zip 80402 Phone
(303)912 -9515
DOB Ageat
Incident _ Sex MALE Race WHITE
Height_
Weight_
Hair Color -
Eye Color Driver License
State
Reporting Officer L BACKUS Report Date 9/30/2007
Supervisor Review V WEIGEL Review Date 11/23/2007
Date Printed 3/23/2008 Time Printed 15:25:37 Page 1
WHEAT RIDGE POLICE DEPARTMENT I Case 200711696
INCLUSIVE CASE REPORT I Page 2
Narrative /Summary
Narrative -IR ON 09/30/2007 AT APPROXIMATELY 14:45 WHILE ON ROUTINE PATROL I OBSERVED THE
FOLLOWING CODE VIOLATIONS LOCATED AT 4859 MILLER ST:
- TALL GRASS AND WEEDS EXCEEDING 12 INCHES IN HEIGHT ON THE ENTIRE PROPERTY.
- ROLLS OF FENCING, METAL POLES AND PIECES, FURNITURE, WOODEN PALLETS, VEHICLES
AND TRAILERS, JUNK AND TRASH ON THE PROPERTY.
I THEN TOOK DIGITAL PHOTOS OF THE PROPERTY.
ON 10/02/2007 I OBTAINED OWNER INFORMATION VIA JEFFERSON COUNTY ASSESSORS
REPORTS. I ISSUED A NOTICE OF VIOLATION TO S1 DANIEL DEARING FOR 24 -51 WEED
CONTROL, 15 -24 LITTERING AND 15 -25 UNLAWFUL ACTIVITIES. I SENT THE NOTICE VIA
FIRST CLASS MAIL.
RECHECK DATE: 10/18/2007
SUBMITTED BY: L BACKUS 05 -2CS
Narrative - Supplemental 1 ADMINISTRATIVE CITATION # A0246
ON 11/12/2007 I RESPONDED TO 4859 MILLER ST ( PARCEL # 39- 164 -00 -023 &
39- 164 -00 -012) TO RECHECK THE PROPERTY FOR COMPLIANCE. UPON ARRIVAL I OBSERVED
THE FOLLOWING:
- 6 INOPERABLE VEHICLES, 2 TRAILERS, 2 SEMI - TRAILER WITH THE WHEELS REMOVED,
ROLLS OF FENCING, METAL PIPE, PILES OF WOOD AND A LARGE LIGHT POST LOCATED ON THE
PROPERTY.
- TALL GRASS AND WEEDS EXCEEDING 12 INCHES IN HEIGHT LOCATED ON THE PROPERTY.
- TRASH AND JUNK LOCATED ON THE PROPERTY.
THE PROPERTY DID NOT APPEAR TO BE IN COMPLIANCE. I TOOK DIGITAL PHOTOS OF THE
PROPERTY.
ON 11/13/2007 I ISSUED AN ADMINISTRATIVE CITATION TO S1 DANIEL DEARING FOR 24 -51
WEED CONTROL, 15 -25 (G,H, &K) UNLAWFUL ACTIVITIES AND 15 -24 LITTERING. I SENT THE
CITATION VIA FIRST CLASS MAIL.
RECHECK DATE: 11/29/2007
SUBMITTED BY: L BACKUS 05 -2CS
Reporting Officer L BACKUS Report Date 9/30/2007
Supervisor Review V WEIGEL Review Date 11/23/2007
Date Printed 3/23/2008 Time Printed 15:25:37 Page 2
WHEAT RIDGE POLICE DEPARTMENT I case 200711696
INCLUSIVE CASE REPORT I Page 3
Narrative - Supplemental 2 SUPPLEMENTAL NOT NEEDED
SUBMITTED BY: J. BARBAGIOVANNI 05 -ICS
Narrative - Supplemental 3 ADMINISTRATIVE CITATION # A 0290 (2ND)
ON 02/10/2008 AT APPROXIMATELY 10:05 I RESPONDED TO 4859 MILLER ST TO RECHECK THE
PROPERTY FOR COMPLIANCE. UPON ARRIVAL I OBSERVED THE FOLLOWING:
- 2 SEMI TRAILERS WITH THE WHEELS REMOVES, ROLLS OF FENCING, METAL PIPE, WOOD, A
LARGE LIGHT POLE, JUNK AND TRASH LOCATED ON THE PROPERTY.
- TALL WEEDS EXCEEDING 12 INCHES IN HEIGHT LOCATED ON THE PROPERTY.
THE PROPERTY DID NOT APPEAR TO BE IN COMPLIANCE. I TOOK DIGITAL PHOTOS OF THE
PROPERTY. I ISSUED AN ADMINISTRATIVE CITATION # A 0290 TO S1 DANIEL DEARING FOR
15 -25 (G &H) UNLAWFUL ACTIVITIES, 24 -51 WEED CONTROL AND 15 -24 LITTERING. I POSTED
THE CITATION ON THE HOUSE ON THE PROPERTY. I MAILED A COPY TO S1 DANIEL DEARING
VIA FIRST CLASS MAIL.
RECHECK DATE: 02/21/2008
SUBMITTED BY: L BACKUS 05 -2CS
Narrative - Supplemental 4 ON 02/11/2008 I SPOKE WITH S1 DANIEL DEARING VIA TELEPHONE. DANIEL
STATED HE HAS NOT RECEIVED ANY OF THE CITATIONS. I EXPLAINED TO DANIEL I HAD SENT
THE CITATIONS TO THE ADDRESS THAT IS POSTED ON THE JEFFERSON COUNTY ASSESSOR'S
REPORTS. DANIEL STATED HE DOES NOT LIVE AT THAT ADDRESS ANY LONGER. DANIEL
PROVIDED A MAILING ADDRESS WHICH IS P 0 BOX 17240 GOLDEN, CO 80402.
DANIEL STATED HE IS IN THE PROCESS OF REZONING THE PROPERTY LOCATED AT 4895
MILLER ST. DANIEL STATED HE WOULD NOT BE ABLE TO REMOVE THE VEHICLES PARKED
BEHIND ABBRA. I TOLD DANIEL AS LONG AS THE PROPERTY IS IN THE PROCESS OF BEING
REZONED I WOULD NOT REQUIRE THE VEHICLES BE REMOVED. I EXPLAINED ALL OF THE
OUTSIDE STORAGE, JUNK AND TRASH MUST BE REMOVED FROM THE PROPERTY. I EXPLAINED TO
DANIEL HE MUST CUT ALL OF THE WEEDS TO LESS THAN 12 INCHES IN HEIGHT ON THE
ENTIRE PROPERTY. DANIEL STATED HE DID NOT KNOW WHY HE COULD NOT HAVE RECYCLED
ASPHALT ON HIS PROPERTY. DANIEL STATED HE KNEW R & R AUTO HAD RECYCLED ASPHALT ON
HIS PROPERTY. DANIEL SAID" THE CITY IS AFTER ME BECAUSE OF MEDVED AND THE MAYOR ".
I EXPLAINED TO DANIEL I WAS AWARE OF THE CONDITION OF THE PROPERTY LOCATED AT
4895 MILLER ST BECAUSE OF WORKING WITH WOLF AUTO. I EXPLAINED TO DANIEL WE ARE
ATTEMPTING TO CLEAN UP ALL OF THE PROPERTIES THROUGH OUT THE CITY, BUT HAVE TO
ACCOMPLISH THIS ONE PROPERTY AT A TIME. DANIEL STATED HE UNDERSTOOD.
I MAILED A COPY OF THE NOTICE OF VIOLATION, ADMINISTRATIVE CITATIONS # A 0246
AND A 0290 TO S1 DANIEL DEARING VIA FIRST CLASS MAIL AS PER HIS REQUEST.
Reporting Officer L BACKUS Report Date 9/30/2007
Supervisor Review V WEIGEL Review Date 11/23/2007
Date Printed 3/23/2008 Time Printed 15:25:37
Page 3
WHEAT RIDGE POLICE DEPARTMENT I case 200711696
INCLUSIVE CASE REPORT I Page 4
SUBMITTED BY: L BACKUS 05 -2CS
Reporting Officer L BACKUS Report Date 9/30/2007
Supervisor Review V WEIGEL Review Date 11/23/2007
Date Printed 3/23/2008 Time Printed 15:25:37 Page 4
7500 West 29 Avenue
Wheat Ridge, Colorado 80033
303/235 -2846 Fax: 3031235 -2857
August 29, 2007
Daniel Dearing
4855 Miller Street LLC
14395 Braun Rd
Golden, CO 80401
Dear Daniel:
The City of -
Wheat Ridge
This letter is in regard to property under your ownership at 4859 Miller Street.
W_Ncil 91
The property at 4859 Miller Street is zoned A -1. The A -1 zone district is a zone district which
allows single family residences and agricultural uses such as general farming operations,
greenhouses and landscape nurseries, fish hatcheries and riding stables. The parking of
equipment, implements, machinery and trucks is allowed only as an accessory use to an
agricultural or public maintenance operation. As such, the property can't be used for auto sales,
maintenance, repair or any other commercial enterprise and needs to be rezoned to Planned
Commercial Development (PCD) to be used commercially.
On July 19, 2007, you and your consultant met with me in a pre - application meeting to
discuss the rezoning of your property to PCD to alleviate the existing zoning code
violations on it. At the July 19 meeting I indicated that any enforcement would be delayed
pending your follow- through on the zone change request.
It has been over a month since we met and no action has been taken to move forward with
the zone change application. In addition, a visual inspection of the property has revealed
that there are more commercial vehicles being stored on it. Due to the lack of follow -
through, please consider this a warning that code enforcement action will be initiated on the
property unless the violations are ceased or a neighborhood meeting for the zone change is
scheduled. within ten days of receipt of this letter.
Sincerely,
M Meredith Reckert, AICP
Senior Planner
c: code violation file
O W HE'A�.R
City of Wheat Ridge
� m
- - Pre - Application Transmittal Sheet
0 40 0
Date: July 19, 2007
Now that the required pre - application meeting has been held, the next step in the
process will be:
❑ Submit land use application ❑ Submit building permit
® Schedule a neighborhood meeting (a neighborhood meeting must be held prior
to submittal)
The following documents are required upon submittal of a land use application:
®
Pre - application transmittal sheet
®
Property deed
®
Land use application
®
Letter of request
❑
Building permit application
❑
Property owner consent
❑
Full set of civil drawings
❑
Drainage report
®
Outline Development Plan
❑
Traffic impact letter
❑
Final Development Plan
❑
Traffic study
❑
Final Plat
❑
Soils report
❑
Site Plan
❑
Grading /erosion control plan
®
Survey/I.L.C.
❑
Electronic copy of Plat
(In Auto CAD format)
❑
Other:
All of the listed items must be submitted to constitute a complete application. If any of
the items are not included in the submittal, the application will be returned without
review.
City of Wheat Ridge Community Development Department
7500 W. 29 Avenue Wheat Ridge, CO 80033
Building Division - 303.235.2855 Planning Division - 303.235.2846
Inspection line - 303.234.5933 www.ci.wheatridqe.co.us
(
Wheat Ridge Community Development Department
PRE - APPLICATION MEETING SUMMARY
Meeting Date:
Attending Applicant(s):
Attending Staff:
Address or Specific Site Location:
Existing Zoning:
July 19, 2007
Daniel Dearing
4855 Miller Street LLC
14395 Braun Rd
Golden, CO 80401
David Moore
Alliance Consulting
5440 Ward Road, Suite 240
Arvada, CO 80002
Meredith Reckert. Adam Tietz
4859 Miller Street
A -1, Agriculture -One
Existing Conditions:
The property is comprised of two parcels with two acres of land area. There is an existing
single family structure and a large storage building on the easterly parcel. The rest of the
property is vacant but is being used for vehicle storage and sales.
The property is zoned A -1. The A -1 zone district allows single family residences and
agricultural uses such as general farming operations, greenhouses and landscape
nurseries, fish hatcheries and riding stables. The parking of equipment, implements,
machinery and trucks is allowed only as an accessory use to an agricultural or public
maintenance operation. As such, the property can't be used for auto sales, maintenance,
repair or any other commercial enterprise and needs to be rezoned to be used
commercially.
All commercial zone change applications must be to a planned development district.
Applicant/Owner Proposal:
The applicant would like to rezone the property to legitimize the use of the property
commercial uses (auto sales).
Will a neighborhood meeting need to be held prior to application submittal? Yes
Planning comments:
Staff understands that while the zone change needs to occur due to stop code
enforcement action, the applicant is unsure what the future development of the property
will entail. For the interim the applicant would like to allow auto storage and sales with a
potential construction timeline for total redevelopment of the property in 5 to 10 years.
Staff indicated further code action would be delayed on this property only as a zone
change process is being pursued.
To allow for interim use of vehicle sales and storage, minimal site improvements would be
required. This would include paving of the sales and storage areas with an approved
hard surface and installation of perimeter landscaping. A drainage plan and report will be
required for the paving to occur. They will also be the need for detention pond on -site to
accommodate the new impervious area.
This is an area which transitioning from industrial uses to more commercial uses. Staff
would recommend the property owner request a planned commercial district zone
designation.
The property owner may want to consider at some time in the future a consolidated zone
change for development of all five parcels under his ownership.
PROCESS:
The City's planned development approval process is comprised of two steps. The first
step is the rezoning approval, which requires submittal of an Outline Development Plan
(ODP). The Outline Development Plan will rezone the property and define the allowable
uses for the property, as well as establish development standards such as minimum
landscaped coverage, maximum building height and maximum building coverage. It will
also provide a great deal of information regarding the proposed site layout including
information regarding adjacent parcels and architectural design. This step of the process
requires public hearings in front of Planning Commission and City Council.
The second step is approval of a Final Development Plan (FDP) which can be approved
administratively by Staff if it is consistent with the approved ODP documents.
Due to the unknown future build -out of the property, Staff would recommend the City's
alternate zone change and ODP process which is more speculative in nature. The ODP
document will still detail the allowable uses for the property and establish development
standards such as minimum landscaped coverage, maximum building height and
maximum building coverage. However, minimal information regarding specific
development or site design of the property will be required. The ODP will stipulate that
this is an interim plan for the property with minimal improvements required and that the
2
only uses allowed in the interim would be auto storage and sales. When the property
owner has a specific long term development proposal in mind, a revised CDP will be
processed through public hearings to reflect the new build -out scenario. An
administrative Final Development Plan process would be required prior to any
construction occurring on the property.
If the applicants decide to go forward with a rezoning request, the next step required will
be to conduct a neighborhood meeting. For this meeting, the applicant must inform all
property owners within a 600 foot radius of the property via mail or hand delivery of the
meeting. The Community Development Department will supply the applicant with a list of
the all property owners within the 600 foot radius. A sample of this letter can be found in
the pre - application meeting packet and can be used as a template. However, changes to
the letter should be made to suit the applicant, including the letterhead.
The meeting should be coordinated with the assigned staff member who will also review
the notification letter for content. 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
request. Incomplete applications will not be accepted or reviewed. All required documents
must be included with the application otherwise the application will be considered
incomplete.
Upon submittal of the application, the assigned staff member will review and make
comments on the project. The project will also be referred to other departments and utility
companies for their comments.
When the review is complete, the staff planner will inform the applicant of issues that
need to be addressed or if all requirements have been met. If all requirements are to the
satisfaction of Community Development Staff, the request will be scheduled for a public
hearing before the Planning Commission. A staff report will be prepared giving a
recommendation of approval, approval with conditions, or denial. At the hearing, staff will
present evidence to support their recommendation. The public will also be allowed to
present evidence or give testimony in support or in opposition of the project. The
Planning Commission will recommend approval or denial of the project based on the
testimonies given by staff, applicant and the public.
After the Planning Commission hearing, the case will be heard before City Council. City
Council will make the final determination to approve, approve with conditions or deny the
application. The City Council meeting will follow the same format as the Planning
Commission hearing, at which, the City Council will give a final ruling on the case.
Public Works comments:
Public Works not present at the meeting. Comments will be made upon application
submittal.
3
Building comments:
Building Department not present at the meeting. Comments will be made upon
application submittal.
Streetscape I Architectural Design comments:
The City has adopted an Architectural and Site Design Manual. This manual will be used
to review site and building design at the time of ultimate build -out.
Attachments: pre - application transmittal sheet, packet, zone changes (to planned
development district) packet, Public Works comments
Phone Numbers
Meredith Reckert — Senior Planner 303 - 235 -2848
Travis Crane — Planner II 303- 235 -2849
Dave Brossman — Development Review Engineer 303 - 235 -2864
Adam Tietz — Planner 1 303 - 235 -2845
John Schumacher— Building Official 303 - 235 -2853
t
f
CITY OF WHEAT RIDGE
07/13/07 9.07 AN cdb
Alliance Consulting
RECEIPT NO.0O23947 AMOUNT
FM5D ZONING APPLICATION F 200.00
zone
PAYMENT RECEIVED AMOUNT
CK 4853 200.00
TOTAL 200.00
----------------------------------------
5440 Ward Road; Suite 240 'Phone: 720.898.0660
Alliance Consulting ArvadaC080002 Fax: 303.424.8 rn
Consulting www.adsengineers.com
Engineers Ft Surveyors
7 -6 -07
Meredith Reckert
Senior Planner
City of Wheat Ridge
7500 W 29th Ave.
Wheat Ridge, CO 80215
Ref. 4859 Miller Street
Property Rezoning
Pre- Application Meeting
Project Narrative
Dear Meredith:
Please find enclosed six copies of a site plan accompanied with this project narrative as
submittals for the Pre- Application meeting scheduled for July 19`h at 2:00 pm.
The property is owned by 4859 Miller Street LLC and is currently zoned agricultural.
The purpose of this submittal is to rezone the property from agricultural to either
industrial or commercial to allow the current users of adjacent properties to utilize the
property for vehicle parking, car sales etc.
The property to be rezoned currently exists in two parcels as shown on the attached site
plan. The property is currently accessed from the frontage road through Abra Auto body
and from Miller Street.
Please advise us on the procedure and requirements in rezoning this property. If you
have questions regarding this submittal please do not hesitate to contact me at the address
and phone number listed above.
Sincerel
David E Moore PE
Cc: 4859 Miller Street LLC
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7500 West 29 Avenue
Wheat Ridge, Colorado 80033
303/235 -2846 Fax: 303/235 -2857
May 22, 2007
Phil Wolf
Wolf Auto /Interstate Leasing
4855 Miller Street
Wheat Ridge, CO 80033
Dear Mr. Wolf.
The City of
Wheat Ridge
Please let this letter serve as a follow -up to the field inspection performed by myself, Cindy
Hagerman and Laura Backus on Monday, April 30, 2007. During the field inspection, we
talked with you and the property owners about specific areas of concern and the possibility
of removal of some of the charges specified in the April 17, 2007 warning notice. I also
indicated that I would research the history of the car sales lot at 4855 Miller Street and
prior use of the property.
Regarding the removal of certain charges, the following was concluded:
1. There is a current business license for Interstate Leasing.
2. Paving of the area behind the existing building on the western side of the property
to the rear property line will not be required to be paved as it was pre- existing.
The following is the result of my research on the history of 4855 and 4859 Miller Street. On
February 3, 2005, you and Ed Enck (a professional engineer) met with Travis Crane (Wheat
Ridge Planner II), Dave Brossman (Wheat Ridge Public Works development review engineer)
and Jeff Hirt (Wheat Ridge Planner I) in a pre - application meeting to discuss expansion of the
existing car lot at 4855 Miller Street. You indicated that you wanted to construct an addition to
the structure on the west side of the property (i.e., the existing sales office structure) and
demolish the existing house on the east side of the property to expand the current car lot use.
You were informed that a special use process was required as car lots are special uses in the C -1
zone district. The current sales lot is nonconforming and can stay "as is" but any expansion of
the existing building or display area would require an SUP. Attached please find a copy of notes
from that meeting.
At the February 2005 pre - application meeting, you were also informed that the property to the
north (4859 Miller Street) is zoned A -1 and couldn't be used for auto sales, maintenance or
repair and would need to be rezoned to be used commercially. The A -1 zone district is a zone
district which allows single family residences and agricultural uses such as general farming
operations, greenhouses and landscape nurseries, fish hatcheries and riding stables. The parking
of equipment, implements, machinery and trucks is allowed only as an accessory use to an
agricultural or public maintenance operation.
The claim that the east side of the 4855 Miller Street property has always been used for car
display is inaccurate. The prior user was a moving company which used the house as an office
and had moving trucks on the north side. An aerial photo taken in 2001 clearly shows that the
property was not previously a car lot. A demolition permit was issued to you in May of 2005 for
demolition of that existing building on the eastside of the property at 4855 Miller Street.
You were informed of the requirements for car lot expansion and use of the A -1 zoned property
in February of 2005 and are still violation of the charges of expanding a non - conforming car
sales lot without benefit of an approved Special Use Permit and of illegal use of an Agriculture -
One zoned property. To abate these specific violations, all vehicles must be removed from the
east half of 4855 Miller. The storage of all commercial vehicles and other commercial activities
occurring on 4859 Miller must stop.
The following miscellaneous items are still a concern and need to be addressed prior to the June
18, 2007, compliance check deadline:
1. Screening of the dumpster behind the building at 4855 Miller Street.
2. Restoration of the landscaping in front of 4855 Miller Street.
3. Removal of cars behind Abra.
4. Sight distance violation at the corner of Miller and the frontage Road. This may
be a moot point because all cars must be removed from this property until a
special use permit is processed and approved.
5. Paving of areas used for vehicle display on the east side of 4855 Miller Street.
This may be a moot point because all cars must be removed from this property
until a special use permit is processed and approved.
6. Removal of the portable storage container, all outside storage, junk and trash from
the property.
To discuss these items in more detail, please feel free to call me at 303 - 235 -2848, Cindy
Hagerman at 303 - 235 -2847 or Laura Backus at 303 - 235 -2982.
Sincerely,
Meredith Reckert
c: Daniel Dearing
Richard Dearing
2
7500 West 29 Avenue
Wheat Ridge, Colorado 80033
3031235 -2846 Fax: 303/235 -2857
May 21, 2007
4855 Miller Street LLC
14395 Braun Rd
Golden, CO 80401
Dear Daniel:
The City of
Wheat Ridge
Let this letter serve as a follow up to our conversation of May 15 regarding your property at 4855
and 4859 Miller Street.
The property at 4859 Miller Street is zoned A -1. The A -1 zone district is a zone district which
allows single family residences and agricultural uses such as general farming operations,
greenhouses and landscape nurseries, fish hatcheries and riding stables. The parking of
equipment, implements, machinery and trucks is allowed only as an accessory use to an
agricultural or public maintenance operation. As such, the property can't be used for auto sales,
maintenance, repair or any other commercial enterprise and needs to be rezoned to Planned
Commercial Development (PCD) to be used commercially.
Each PCD has its own set of specific development standards which dictate use of the property,
building setbacks, minimum amounts of landscaping required, maximum building height, etc.
Specific architectural standards for proposed structures must come in the form of descriptions
and elevations on the FDP.
The City has recently changed the zoning and development code, and in particular the zone
change process to expedite the review.
Rezoning to a Planned Commercial Development (PRD) would require submittal of an Outline
Development Plan (ODP) and Final Development Plan (FDP). The ODP will require public
hearings before Planning Commission and City Council. Planning Commission will make a
recommendation to City Council, who will then approve, approve with conditions or deny the
zone change and ODP. There will be two readings of the proposed zone change ordinance in
front of City Council. The first reading publicly announces the ordinance and sets it for public
hearing. There is no testimony taken at the first reading. The second reading is the public
hearing.
If the ODP is approved, the FDP can then be processed. The FDP will address the finer details
of the development, and will be a site specific development plan. The FDP can be approved
administratively.
You will need professional assistance with this zone change application process in the form of a
land planner and /or architect to prepare the needed documents and to assist you through the
public hearing process. All land use applications require a pre - application meeting with staff to
present your concept for development of the property. Attached is a copy of the pre - application
meeting description. Your planning consultant should help with the preparation of the pre -
application submittals and be present at the meeting with you. Prior to submission of a zone
change application, a neighborhood meeting must be held to inform surrounding property owners
of your intent for the property. Please see the attached zone change process guide for a more
detailed explanation of the required process.
The time frame for the processing of the ODP and FDP depends greatly on the responsiveness of
the applicants' consultants. In order to minimize any potential obstacles and delays, the
applicant and all involved parties must be informed of all relevant issues early in the process
concerning the development to address them in the early stages. It is advisable to contact all
service providers and relevant City departments throughout the process.
As we discussed on May 15, your tenant has expanded his auto sales facility at 4855 Miller
Street without getting the needed special use approval. Until as special use is approved, the use
of the east half of 4855 Miller Street for car sales is not permitted.
The first step in the special use process is a pre - application meeting in which the applicants meet
with staff to talk about initial concerns, answer questions the applicants may have had, and
inform the applicants the processes that they are required to go through.
The second step that is required by the community development department will be to conduct a
neighborhood meeting. For this meeting, the applicants must inform all property owners via
mail within a 600 foot radius of the property in which the action is being taken. The community
development department will supply the applicant with a list of the all property owners within
the radius. The meeting should be coordinated with the assigned staff member at a fee of $100
required for staff time at the meeting. A sample of this letter is found in the pre - application
meeting packet and can be used as a template. However, changes to the letter should be made to
suit the applicant, including the letterhead. The meeting will be led by the applicants and should
inform those who attend what is being proposed.
After the neighborhood meeting is held, the applicant may submit their application for their
special use permit. Upon submittal, the assigned staff will review and comment on the project.
The project will simultaneously be referred to other departments and utilities for their comments
and then sent back to the staff planner. The staff planner will then inform the applicant if further
changes need to be made or if they meet all requirements. When the project does meet all
requirements, the applicant will be required to post a sign on the property for ten days informing
citizens of the action being proposed on the property. If legitimate objections are raised, the SUP
will go to a hearing before the city council. If no objections are received about the action on the
property the project can be approved or denied administratively.
A professionally prepared site plan will be required with the special use application
I hope this letter helps clarify what will be required with zone change and special use
applications.
If you have any questions or need further clarification, do not hesitate to contact me at 303 -235-
2848.
Sincerely,
Meredith Reckert, AICP
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3031235 -2846 Fax:303/235 -2857
May 9, 2005
Sam Nash
4855 Miller Street
Wheat Ridge, CO 80033
Dear Mr. Nash:
The City of A, °FWH�T o
m
Wheat Ridge C °FOR
4855 Miller Street LLC
14395 Braun R
Golden, CO 80401
Attached is a copy of a warning letter dated November 8, 2004, where you were cited for several
violations of the City of Wheat Ridge Zoning and Development Code.
Two of the issues relating to signs and obstruction of the public sidewalks were addressed. You
indicated through a telephone conversation on November 19, 2004, that the property was going
to be redeveloped in the next couple of months and requested that the paving be delayed until it
could all be done at once. On February 3, 2005, Phil Wolf and Edwin Erick met with city staff
regarding redevelopment of the property. During that meeting it was indicated that if a plan for
redevelopment has not moved forward by April 22, 2005, outstanding violations will need to be
abated. No additional contact has been made since then.
A field inspection performed on May 9, 2005, revealed that vehicles are still being parked on an
unpaved surface. The specific code section being violated is as follows:
Section 26- 501.D.1. Surfacing: For all uses other than single - family dwellings in
agricultural zone districts, areas subject to wheeled traffic for access, parking, sales or
storage, shall be properly graded for drainage and on -site detention of storm runoff.
These areas shall be surfaced with concrete, asphalt or brick pavers.
Please contact me within ten days of receipt of this letter so we can discuss abatement of the
violation. I can be reached at 303 - 235 -2848. Failure to abate the violation described above may
result in a summons being filed with the Wheat Ridge Municipal Court.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: code violation file
of W "�°Tq
7500 West 29th Avenue The City of � �T
Wheat Ridge, Colorado 800 Wheat Ridge
303/ 235 -2846 Fax: 303/235 -2828 57 CO(OR p00
November 8, 2004
4855 Miller Street LLC
14395 Braun Rd
Golden, CO 80401
To Whom It May Concern:
Please be advised that the property located at 4855 Miller Street is in violation of the following
sections of the Wheat Ridge Code of Laws.
1. Section 6 -67. Obstructing Streets and Sidewalks: It is unlawful for any person to
willfully place or allow obstruction of any sidewalk, public highway, street or
alley in the city any object which causes or tends to cause the obstruction thereof.
(The area between the sidewalk and the fence is the public right -of -way and cars
and/or signs may not be located in the area.)
2. Section 26 -705. Permit required: No sign, or modification to an existing sign,
shall be erected, placed or displayed outdoors within the city limits until a permit
for such sign has been issued by the city, unless such sign is exempt from a permit
in accordance with section 26 -706 of this sign code.
3. Section 26- 501.D.1. Surfacing: For all uses other than single - family dwellings in
agricultural zone districts, areas subject to wheeled traffic for access, parking,
sales or storage, shall be properly graded for drainage and on -site detention of
storm runoff. These areas shall be surfaced with concrete, asphalt or brick pavers.
Attached are copies of photographs taken on November 3, 2004 when the violations were
observed.
Please contact me within ten days of receipt of this letter so we can discuss abatement of the
violations. I can be reached at 303 - 235 -2848. Failure to abate the violations described above
may result in a summons being filed with the Wheat Ridge Municipal Court.
Sincerely,
Meredith Reckert, AICP
Senior Planner
cc: code violation file