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HomeMy WebLinkAboutSUP-95-1 ``- ~ ~,~ ~ . ~~ ~ ~~ -~ ~;~.' P ~15~~~~,~~'"'~~ ~~ k rna ci~y o, Wheat Ridge ADMINISTRATIVE PROCESS ClTI' OF WHEAT RIDGE D ~~~ - f'~i17 Department of Planning and Devel~M~t~-~L 7500 West 29th Ave., Wheat Ridge, C ~1Id~i3 Phone (303) 237-6944 Applicant Patricia Askew I'~y Address45o5 S. Ttexico X13 Phone(303~) 756-x 010 . Owner Same Addres's0enver CO 80222 Phone Location of request 6795 Y7. 44th Avenue on taxes, 6709 -E789 tJ. 44th for suites Type of action requested (check one or more of the. actions listed below which pertain to your request.) d Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification -- Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other Detailed Description of request To change. present coning of P,C to C3 List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME Cress Building Carp. ADDRESS i & Ficca 3798 PiarshaTl St PHONE (303) 425-3558 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of thi act non his behalf. Signature of Applicant Subscribed and sworn to me this SEAL day of ~~ 19 ~y ~K'\ci~~,,'~ My commission expires JAI g`I T~ uatie neceiv~ea H2C2ipt No. Case No. Reception Nu ~ Recorder. Recorded as o'clocu M.. ~- THIS DEED, xcaxes~s 30th day ofAnril , 1992 .between CRESS BUILDING CORPORATIO:d a corporation duly organized and existing under and by virtue of the laws of the State of COlOr'ad0 of the First part, and Patricia W. Askew whose legal address is 4563-13 East Mexico Ave. of the City and county ar Denver and State of COl0rad0 afthe second part: W ITNESSETH, That the said party oP the first part, for and in consideration oI the sum of ' Three Hundred Forty Thousand and no/100 ($340,000) DOLLARS, to the said party of the first part in hand paid by the said party of the second pxrt, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, her heirs and assigns forever, all of the following described lot or parcel of lend, situate, lying and being in the county of Jefferson and State of 0olm~ado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. also known us streee and number 6709-89 West 44th Avenue TOGETHER with all and singular the heredrtaments and appurtenances thereunto belonging, or in anywise appertaining, end the reversion or reversions, remainders, rents, Issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first pert, either in law or equity, of, in and to the above bargained premises, with the hereditaments and ePPUrtenances. TO HAVE AND TO HOLD the said premises above bargained and descri bed, with the appurtenances, unto the said part y of the second part, her heirs and assigns forever. And the said Cress Building Corporation, p:uKy of the first p¢rC, toritself, and its successors, does covenant, grant, bargain end ugi'ee to and with the said port y of the xecond part, her heirs and assigns, that at thetime of the ensealing and delivery of these presents it is welt seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fm•m aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes, assessments and incumbrances of whatever kind or nature soever; eXCeDt iteIRS Of record, if any, and any real property taxes. '', and the above bargained Premises in the quiet and peaceable possession of the said purr V ofthe second part her heirs and assigns, against all and every person or persons lawfully cluimingor to claim the whole or any part thereof, the said patty of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS W HEREOF. The said party of the first part has caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, [he day and year first above written. Attest: CRESS BUILDING CORPORATION, ~~~ ~~~ e ~ a lorado corporation ~~. See.mm'r. Alice L. Russell ~ Q ~ ~~~ /~~ ~7v ~~ v.J.,C. f~ - O rrr„ate[. STATE OF 66~81f DD, {\(ly)1`_~J'7 Ju la M. Cr05S County of^/'~-'T i '/ The foregoing instrument was acknowledged before me this ~~7•- ~ day oC a,~~~Jh~+~) 19 ~i~by Julia M. Cress as ~ " President and ns Secretory of Cress Building Corporation, a Colorado aporporation. -~.• K„ „~„y~„v notarial commission expires ~ ~ y/ 5'3 r ~""'"$ Witness my hand and official sent. ~NJ EXHIBIT "A" The South 1S5 feet of the Eeat 22S feet of the Weet 250 feet of Block 7; EXCEPT that part described a• follows: -33egfnning at a point on the South line and 25 feet Eeat of .he Southwext corner of said Block 7, thence Eaat along said South line 35 feet; thence Norti~and parallel to Weat line of said Block 7 a distance of 3 font; thence i.'eat and parallel to acid South line 15 fee:; thence Nortt~weat 16.41 feet to a point that is 33 feet Eaat of said Weat line; thence north and parallel to said Weat line 15 feet; thence Weet and parallel to Raid South line 0 fec~ thence South and parallel to said Went lino 70 feet more or leas to the point of beginning, LAKEVIEW SUBDIVISION, Jefferson County, Colorado, Together with the im{~rovemente to be constructed thereon. 1 r -'- ---- ~11 - ~ V M s x - ~ 6• w-..#y t• P k` s '~ va•.. c. -w• ~ bySA ~` ~a: v T' 9 s~,~e, ~ /yriwwet rw.+lY L/r r as / ~ _ __._~<...,r ... / ~n..~ •r .. : L, i .4' ..~..~.-...._...a.. ._ .' _ ~ N f ~ ~~ o .J i _ ..__ -_, _ __.,.~z __. asrn.a"+a-S~es_ r~srt.. a _ •. _ _ _ et _...-_- `'•~y"1 ~• l2~ It i !. a ' ` i (,° i • ~Y II Y. =.r-.vY ~ I' I _ ~ _____ ~'_ ~_ L W e'---- ~~__.~___.._,.. ,a- ..~ ~' { __ .. ,_,, Jet, , G....«.. ~~ J~ •t-- --- ^, ------ , ~ _ ~.'I fn._ .~. _ ... '`'~ . r .. .na a' C .~ ~ ~ 1i 111 ~•( I 9 ~~_ -f r ~' ~ \ \ ~~ ~ ,~ ) 'r 1 ;~ n ri. -.. t ~ ; i r n i e , ~ y 4v ~ N •-~ s- ti r - ®-- - •-~G/lsnt D~e~e<.r+vww lor~v.~.. s Z•~ _ /.. r,/ T/rI swssw ri5 iHT ai EMI ! o u ../ G ~ G' t r EA.Sf lES iIITKTNI MC*' i:t. /.O rMG ARl/ 4720 psrN/NG />It .,ei ./r//S 24 4c6 • dbSpwelt i9'e ilrlT es /teen !, •a/~ s...NOruclr wel/ 1. x441 S/~ rorM/! IS MrrH M.~IMitab~~ C9.ILIBI 60vf lIL wI.4 tai/..f Si4e`~ 'j 40 L~~jY OOf OVrI//YY V•• Y ..arL lM/,l '.b+..t Z~~+s cer AKI/ 94 ATO d • jw 6 E/I LIMITED POWER OF ATTORNEY I hereby authorize my husband, Presley F. Askew, to represent me before the Planning Commission of the City of Wheat Ridge in the matter of Case No. WZ-94-17/Askew pertaining to my property addressed 6709 - 6789 W. 44th Avenue. This document grants him power of attorney in the above matter. Signed, Patricia W. Askew Dat-~~u~, ~s/ lp ~ i~ ~ 7500 VdEST-29TH AVENUE • ~ ~C11fy Of P.O. EOX 638 - - --- ---- WHEAT RIDGE. CO 80034.0638 ~ - (303) 234-5900 cWheat City Admin. Fax n 234-5924 - Police Dept. Fax ~ 235-2949 ~Rl(ig'e November 18, 1994 The wheat Ridge Department of Community Development has received a request for ann meal of a razonina from Restricted-Commercial to Commercial-One at the property described below. Your response-to the following questions and any comments on this proposal would be appreciated by na~ember 5 1994 No response from you by this date will constitute no objections or concerns_regarding this proposal. CASE NO: WZ-94-17/Askew LOCATION: 6709-17 West 44th Avenue REQUESTED ACTION: Rezoning from Restricted-Commercial to Commercial-One PURPOSE: To allow a.greater variety of uses - no physical improvements or expansions planned APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to ser~,re this development? YES ~ NO If "NO", please explain below. 2. Are service lines available to the development? YES l NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES ~ NO If "NO", please explain below. 4. .Can and will your. agency service .this proposed development subject:to your rules and regulations? YES i NO If "NO", please explain below. 5. Are there any concerns or problems would or should affect approval of your agency has identified which this request? Noi ~r~r-l. . Please reply to: DISTRIBUTION: XX ater District (Wheat Ric}ge XX Sanitation District (Wheat Ridge Fire District (Wheat RiCjge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board XX W R Post Office XX W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX_W R Building Div. <pc>referralform ~~ e.,„e~,r r.n••• ~. 750D WEST 29TH AVENUE ~ . ~he City of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cwheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge November 18, 1994 The Wheat Ridge Department of Community Development has received a request for approval of a rezonin from Restricted-Commercial to Commercial-One _ . _, . _ . - at the prope,. ~y u~~~~ ~.,.,.. .,.._..... Your response to-the following questions and any comments .on this proposal would be appreciated by December 5 1994 No response from you by this date will- constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-17/Askew LOCATION: 67Q9-17 West 44th Avenue REQUESTED ACTION: Rezoning from Restricted-Commercial to Commercial-One PURPOSE: To allow a.greater variety of uses - no physical improvements or expansions planned APPROXIMATE AREA: n/a 1. Are publ~i.c facilities-or services provided by your agency adequate to serve is development? YES ~ NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you^}~ave adequate capacities to service the development? YES V NO If "NO", please explain below. 4. Can and Will your agency service this proposed development subject to your/rul.es and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~ p Please reply DISTRIBUTION: XX Water District (Wheat Ricjge XX Sanitation District (Wheat Ridge XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife -- TCI of Colorado. to: / `~~ ~ M Reckert 'Department of Planning & Development Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners enver Water Board R Post Office -X-_ =tr1 R_ Police -Dept: %X W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX_W R Building Div. - <pc>referralform r., ~;,,,,~,~<<~.,,,,, 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 City Admin. Fax # 234-5924 November 18, 1994 CITY OF WHEAT_({6 crtyor r` ~ 4- ~~~ -7- eat Police De~t~ x # 2949 edge ,~,fl~fYI~~NG & DEVELOPI~;E~t The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from Restricted'-Commercial to Commercial-One at the property described below. Your response to the following questions and any comments .on this proposal would be appreciated by December 5, 1994 No response from you by this date will constitute no objections or concerns regarding-this proposal. CASE NO: WZ-94-17/Askew LOCATION: 6709-17 West 44th Avenue REQUESTED ACTION: Rezoning from Restricted-Commercial to Commercial-One PURPOSE: To allow a.greater variety of uses - no physical improvements or expansions planned APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to sere this development? .YES ~ NO if "NO", please explain below. 2. Are service lines available to the development? YES X NO I£ "NO",,please explain below. 3. Do you have adequate capacities to service the development? YES lx NO If "NO", please explain below. 4. Can and will;your agency service this proposed development subject to your rules and regulations? YES_~ NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: //~~`~'~''~ ~G`' Department o£ P. DISTRIBUTION: ""~/ XX Water District (Wheat Ridge e XX Sanitation District (Wheat Ric}y XX Fire District (Wheat Ric}ge Adjacent City ( ) XX Public Service Co. XX US West Communications State_Land Use Commission State Geological Survey Colorado Dept.- of Transportation Colorado Div. of Wildlife TCI of Colorado / Jefferson Co. Health Dept. Jefferson Co. Schools .Jefferson Co. Commissioners Denver Water Board XX W R Post Office XX W R Police_Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform ~) Rn nlrvi lSrp~~r MEMORANDUM Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ` DATE: November 28, 1994 6IIBJECT: 6709-17 West 44th Avenue, WZ-94-17/Askew The Public Works Department has reviewed the site plan for the above referenced address, and has the following comments: 1. We will need 5 feet of right-of-way dedicated along the frontage of Pierce Street. GWK . cc: Glen Gidley, Community Development Director. John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician ~g^tie c~+?~ua~s~ V m Public Service° December 1, 1994 City of Wheat Ridge 7500 West 29th Ave. P. O. Sox 638 Wheat Ridge, CO 80034-0638 ~~`~Y ~:-~r~a~C1 ~~~ ~~u~u ELOQMENt >~Ep,NN1NG & DEV Pu61ic Service Company of Colorado 2701 W. 7th Avenue Denver, CO 80204-0114 Public Service Company acknowledges receipt of Askew. #WZ-94-17 PROJECT TITLE We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter, please contact me on 571-3735. Sincerely, jam, 7, %~ Teresa Wilson ~< ~. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on February 16, 1995 at 7:30 p.m. at 750.0 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-94-17: An application by Patricia Askew for approval of a rezoning from Restricted-Commercial to Commercial One for property located at 6795.. West 44th Avenue. Said property is legally described as follows: The-South 155-feet_of the East 225 feet: of the West 250 feet of Block 7; EXCEPT that part described as follows: Beginning at a point on the South line and 25 feet East of the Southwest corner of said Block 7, thence East along said South line 35 feet; thence North and parallel to West-line of said Block 7 a distance of 3 feet; thence West and parallel to said South ,line 15 feet; thence Northwest 16.97 feet to a point that is 33 feet East of .said West line; thence North and parallel to said West line 15 feet; thence West and parallel_to said South line 8 feet thence South and parallel to said West Line 30 feet more or less to the point of beginning, LAKEVIEW SUBDIVISION, City of Wheat Ridge, County of Jefferson, State of Colorado. . 2. Case No. WZ-95-2: An application by John and Julie Batug for approval of a final development plan and plat. The property is zoned Planned Residential Development, is located at 3701 Quail Street and is legally described as follows: THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION, 768 FEET; THENCE EAST 165 FEET MORE OR. LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE. SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; THENCE EAST 1319.8 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG . , r., ~~ THE EAST LINE OF TRACT 12, BROOKSIDE SUBDIVISION 768 FEET; -- THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT 23.562 FEET TO A POINT ON TAE SOUTH RIGHT-OF-WAY OF WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. 3. Case No. ZOA-95-1: Consideration of a proposal to amend the Wheat Ridge Zoning--Ordinance, Section 26-7. Nonconforming Uses and Structures. This proposed amendment, if approved,. would revise or eliminate the 15-year amortization schedule for nonconforming uses. Copies of the proposed amendment are available from the Wheat Ridge Planning and Development Department, 7500 West 29th Avenue, Wheat Ridge, ~lorado 8 0 215 . ~ ~~-. / ATTEST: Wanda Sang, City Clerk , To be Published: February 2, 1995.. Jefferson Sentinel C:\WP60\pc\21695.PHN .~ : {:::. T•.' r;'t' W":E?':T i;:i E1':.i E' •~,!u.l Cr6T ft1; DC3 ~.: ~1~ n?F`15 _ _. f.`=VC:1CEa I_Et_'.Al... Pd C7";'1.ti,'[ i"".;_~s.7i;A;l'*I:~p=i ,. Ui ,'~tti~:`.~2 P'„ ,.`!1!'.~I[1~~:'.,,_'41G Y~i?L11'" I::i pa ri 'i; I'~~Il: d'I';7ri i"i~ Ct".'tP'SLi3 clE:~[L'ai,.'•E;?.TFiB: ? - h"i't 3~1!<: '}'::: Ck +:il:. y :'J Vii i„.; ,ti1'C! I i : 'i. I'~ ~ ,.# a ~P f i3 r' ~ iii ~.., e 11 ';, '. ~ i r::. I'•i ,'+' ... . <:; I 'L a• -500 WEST 29TH AVENUE °.O. BOX 638 WHEAT RIDGE. CO 3003?-0633 X3031234-5900 City Admin. Fax ~ 234-5.24 February 2, 1995 °olice Dept. Fax ~ 235-2949 - City of wheat Ridge This is to inform you that Case No. VTZ-94-17 which is a request for rezonina from Restricted-Commercial to Commercial-One 6 X09- 89 for property located at -6795 West 44th Avenue will be heard by the Wheat Ridge Plannina Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:3D p.m. , on Februarv 16, 1995 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Plannina Commission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' is r,~. ,. ~,~d r,~~., M -~ Dear Adjacent Property Owner: If you have received this notice, you reside adjacent to a property involved in a land use processed by the City of Wheat Ridge. or own property case being This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in -their neighborhood and to allow the developer to respond to citizen concerns in the design of their project.- All residents within 600 feet are required to be notified of the- meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process, involved, however, the planner will remain impartial regarding viability of the project.. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is-the public hearings in front of Planning Commission 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 public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application: The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. 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APPROXIMATE AREA: .7 acre PRESENT ZONING: R-C PRESENT LAND USE: Strip retail and service SURROUNDING,ZONING: N: R-2; S & W: R-C; E: C-1 SURROUNDING LAND USE: N: single family residential; S: office; E: single-family residential; W: Agricultural COMPREHENSIVE PLAN FOR THE AREA: Neighborhood commercial ----------------------------------------- DATE PUBLISHED: February 2, 1995 DATE POSTED: February 2, 1995 DATED LEGAL NOTICES SENT: February 2, 1995 AGENCY CHECKLIST: RELATED CORRESPONDENCE: --------------------------- ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER ( XX) ()NOT REQUIRED ('XX) ()NONE ( XX) CASE FILE & PACKET MATERIALS ( XX) SLIDES ( XX) EXHIBITS JURISDICTION: The property is wfthin the City of Wheat Ridge, and all notification and posting requirements-have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WZ-9417/Askew REQUEST The applicant requests approval of a rezoning from Restricted-Commercial to Commercial-One on property located at 6709-89 West 44th Avenue. Said property has an existing retail shopette built in 1972 with 8500 square feet of ground floor area. There is an additional 2400 square feet of office space on the second floor. Current tenants include a print shop, a jewelry store, vacuum cleaner sales and rental and a sporting goods store. The owner has a prospective tenant who sells furniture. Furniture sales is an allowed use in the C-1 zone but not the R-C. The owner would like to legally accommodate the new tenant and would like to have more flexibility in the type of tenant who can lease space. Thus, the request for rezoning. No physical changes to the property are proposed. II. CRITERIA ___ CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That 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, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as neighborhood commercial. Both the existing and proposed zonings would conform to this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Properties on the south, east and west sides of the subject site are zoned commercially. The C-1 zoning would not be inconsistent with these adjacent zonings. An existing six-foot-high solid fence provides buffering for the single family homesn the north. 3. That there will be social, recreational, physical andJor economic benefits to the community derived by the change off zone. Staff can foresee no obvious benefits or detriments, socially, economically or physically if the properly is rezoned. 4. That adequate infrastructureJfacilities 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. All utility companies are currently serving the property. Planning Division Staff Report Page 3 Case No. WZ-94-17/Askew 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The proposed C-1 zoning will not create drainage problems or reduce the amount of light and air to adjacent properties as there are no building expansions planned. Some of the allowed C-1 uses such as a restaurant could increase traffic to and from the site. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could not be further developed under either the R-C or C-1 zonings. The rezoning would allow more flexibility in use of the property. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Rezoning to C-1 would not constitute spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is no void in services that the rezoning would fill. The shopette has been providing goods and services to the community for over 20 years and will continue to do so. Staff concludes that the criteria used to evaluate a rezoning generally support approval of this request. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on December 6, 1994. Those in attendance were: Meredith Reckert (staff) Patti Askew (owner) Mik Palenden (tenant) John Higgins (tenant) Roger Bailiff (tenant) Bob Gluscia (tenant) Katherine Fedel - 4380 Pierce Street Eileen Heineck - 4382 Pierce Leona Wiler -4355 Pierce Street Harold Wiler - 4355 Pierce Street Renee Jones - 45660 Reed Street Mabel Bacher - 6875 West 44th Avenue The residents from south of 44th Avenue were generally against allowing any expansions of the building or allowed uses. This is due to the fact that they were adjacent to a publishing company (at 6790 West 44th Avenue) who expanded and created a parking problem in the neighborhood. They said they would not object to a one-year temporary use permit but would oppose the rezoning. Planning Division Staff Report Page 4 Case No. WZ-94-17/Askew A letter of support from an adjacent resident at 6815 West 44th Avenue is included under Exhibit 'A'. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS - , Staff concludes that the proposed rezoning is compatible with adjacent zoning and land use and is consistent with the Comprehensive Plan. Because the criteria used to justify a rezoning support approval of this request, a recommendation of APPROVAL is given for Case No. WZ-94-17. V. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WZ-94-17, a request for approval of a rezoning from Restricted-Commercial to Commercial-One for property located at 6709-89 West 44th Avenue, be APPROVED for the following reasons: 1. The property rezoning is compatible with the adjacent zoning and land use and it is consistent with the Comprehensive Plan; and 2. The criteria used to justify a rezoning support approval of this request. OPTION B: "I move that Case No. WZ-94-17, a request for approval of a rezoning from Restricted-Commercial to Commercial-One for property located at 6709-89 West 44th Avenue, be DENIED for the following reasons: 1. 2. 3. " c:\wp60\pc\wz9417.sr Case No. WZ-94-17 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Can serve. Schools: Water: (Wheat Ridge) No problems. Sewer: (Wheat Ridge) No response. U S West: No response. Public Service Co. No response. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: CITY DEPARTMENTS Public Works: Would like afive-foot right-of-way dedication for Pierce Street. Parks and Recreation: Police: Can serve. Building Inspection: No problems. agrefsum.frm Planning Commission Minutes Page 2 February 16, 1995 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Mr. Gidley requested that Case No. ZOA-95-1, which had been mistakenly left off the.agenda, be continued to March 2, 1995. This would allow staff time to provide Commissioners with proper packet information. Commissioner CERVENY moved to continue Case No. ZOA-95-1 to March 2, 1995 and to approve the order of the agenda as amended. Commissioner Williams seconded the motion. Motion carried 7-0: 5. APPROVAL OF MINIITES Commissioner RASPLICKA moved that the minutes for the meeting of February 2, 1995, be approved as printed. Commissioner LANGDON seconded the motion. Motion carried 5-0, with Commissioners JOHNSON and CRUMPTON abstaining. 6. PDBLIC FORIIM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of. the agenda.) No one had signed the roster, nor. came forward to speak at that time. 7. PIIBLIC HEARING 1. Case No. WZ- 4-17: An application by Patricia Askew for approval of a rezoning from Restricted-Commercial to Commercial One for property located at 6795 West 44th Avenue. Ms. Reckert presented the staff report. Entered into the record and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. There were no questions at that time. Patricia Askew, 4565 East Mexico, #13, Denver, was sworn in. Ms. Askew stated she had owned the property for 17 years and had always tried to be a good neighbor. She was requesting the change of zoning in order to-.provide her more flexibility in renting the property. There were no questions at that time. Harold C. Wiler, 4355 Pierce Street, was sworn in. Mr. Wiler opposed the rezoning of_this property because it would allow Planning Commission Minutes Page 3 February 16, 1995 t, undesirable businesses into the neighborhood. He added that he would not oppose the granting of a variance. Tony Flasco, requested that he be_allowed to speak last. Ms. Heineck and Ms. Fedel declined to speak. Renee Jones and M__able Bacher declined to speak-but were in favor. of the. change of zoning. Ms. Reckert noted a letter from Ms. Bacher had been .included in Commission's packet. Tony Flasco, 4440 Reed.Street, was sworn in. Mr. Flasco gave a . brief history of the property and added that Ms. Askew had known the zoning on the property when she purchased it. Mr. Flasco - added that the property had never been vacant. He passed around to Commission photos he had taken of the site. Mr. Flasco contended .that the property had not been properly posted and stated he had not received notification by mail. He .felt the rezoning was not compatible with the surrounding area and the request did not meet the criteria. Mr. Flasco requested denial_ of the request for rezoning. Commissioner RASPLICKA asked Mr. Flasco if he remembered the number of times the applicant had come before Planning Commission/City Council requesting certain tenants be allowed? Mr. Flasco stated. he did not remember, but he did not believe it necessary to have that kind of flexibility for that size center. He did not recall long-term vacancies. He elaborated. Chairperson ECKHARDT asked how Mr. Flasco had been aware of the case coming before Planning Commission.. Mr. Flasco answered that Mr. Wiler had called him. He reiterated the difficulty he had in reading the posting sign. He believed the public could not easily read the signs. Commissioner JOHNSON asked if Mr. Flasco opposed the proposed tenant "Bunkbeds by Bob"? Mr. Flasco had no objection to that particular business. His objection was to changing the zoning, as he felt it was unnecessary. Commissioner JOHNSON asked if Mr. Gidley had talked with the applicant regarding restricting the C-1 uses allowed-on the site. Planning Commission Minutes Page 4 (~ February 16, 1995 Mr. Gidley stated Staff had spoken to the applicant about a Special Use Permit to allow furniture store use. The applicant indicated she wanted absolute flexibility in leasing the space. He elaborated. Mr. Gidley said the alternative would be to request a Temporary Use Permit which would be heard by the Board of Adjustment and renewable annually. Mr. Gidley stated that after hearing testimony and history of the rezoning, where a commitment made by the City to the neighbors that Restricted-Commercial zoning was acceptable, but nothing higher than that would be acceptable_ He felt that conditions had not changed in the neighborhood that would alter the original commitment. Therefore, Staff would modify the recommendation and not recommend rezoning to C-1. A Special Use Permit to allow the furniture store, since that would be a lesser request than a rezoning, could be considered. Commission cannot grant a variance or a Temporary Use Permit. Mr. Gidley stated that relative to the issue of parking, a restaurant, which is an allowed use, would require a much higher parking ratio. For that reason, it would not be allowed on this site. C Regarding landscaping, since the applicant is not requesting rezoning for development purposes, the City cannot legally require landscaping with a request for rezoning only. ' Mr. Gidley stated that if Mr. Flasco resides within 600 feet of the site, he should have received notification. Perhaps the applicant could give testimony relative to how notification occurred. With regard to posting, the applicant did the posting and it may have been difficult to read from the street. Ms. Reckert said she did not notice how the posting was done when she visited the site. Mr. Gidley stated that when considering the uses that could potentially go into the site with C-1 zoning, and based upon information regarding the initial rezoning of the property and neighborhood at that time, things in the neighborhood have .not changed 'and there is not really a reason to rezone. Ms. Reckert stated that following the neighborhood meeting, it was clear that there was a good deal of concern from the neighborhood. Ms. Askew and Ms. Reckert .had gone through the C-1 uses to see what would be acceptable and unacceptable to the neighbors. Ms. Reckert noted that if restrictions are made on the property, allowing only certain C-1 uses, it would be Planning Commission Minutes Page 5 {~', February 16, 1995 difficult for Staff to administer. She explained. The applicant decided to proceed with the request for C-1 zoning. Ms. Askew stated that she had tried to notify those property owners within 600 feet. She added that she had placed the NOTICE OF PUBLIC HEARING signs inside Bunkbed Bob's (facing west); and. in the print shop (facing south) so that the wind would not blow them away. Ms. Askew noted that there had never been a parking problem in the 17 years she had owned the property. She was willing to make concessions, she added. Chairperson ECKHARDT wondered if the case should be continued. Mr. Gidley stated he felt the case could be continued to the next regular meeting, March 2, 1995. That would allow for proper posting. (which he was not certain had occurred); he elaborated on proper posting procedures. Commissioner CERVENY asked how the Scuba Den had been allowed. Ms..Reckert explained how this had happened and added that the . Zoning Ordinance had been changed to allow sporting goods stores in R-C zoning districts. Furniture stores had not been included-. Mr. Gidley elaborated. Commissioner CERVENY asked how a Special Use Permit, if granted, would work. Mr. Gidley explained. Mr. Wiler stated that he would not object to allowing the furniture store for one year. He doubted that more than one individual would be employed at the furniture store. Chairperson ECKHARDT asked if a ten-minute recess was called, perhaps the applicant and the neighbors could come to an agreement. Discussion was heard .regarding the possibility of reaching an agreement. Commissioner JOHNSON stated that since the concerned parties were present, now would be the time to try to work this out. Commissioner CERVENY reiterated that if improper posting had occurred, the applicant would have to return. Chairperson ECKHARDT agreed. Planning Commission Minutes Page 6 (~ February 16, 1995 _ Mr. Flasco suggested that the concerned parties try to reach agreement at that time, then even though the applicant might have to return before Planning Commission, the other parties would not. He added that he found it hard to believe that any space on-the subject site was more than 2,000 square feet. For that reason, he thought the furniture store, Bunkbeds by Bob, would probably be allowed under the current zoning. Commissioner WILLIAMS asked what would happen if proper posting had not occurred. Chairperson ECKHARDT suggested that the case be continued to March 2, 1995. However; the applicant and concerned neighbors can possibly come to an agreement yet this evening while Planning Commission hears the second case on the agenda. He added that continuance of this case would allow Staff to make certain proper posting occurs. Discussion followed. Commissioner JOHNSON moved that Case No. WZ-94-17 be continued to March 2, 1995. Commissioner CRUMPTON seconded the motion. Commissioner LANGDON asked if the applicant and neighbors could arrive at an agreement, is it necessary for Commission to hear the case a second time? Mr. Gidley stated yes. He added that any agreement made by the applicant and concerned neighbors would not be binding to Commission's decision... Motion carried 7-0. Case No. WZ-94-17 is continued to March 2, 1995. 2. Case No. WZ-95-2: An application by John and Julie Batug for approval of a final development plan and plat. The property is zoned Planned Residential Development, is located at 3701 Quail Street. Mr. Gidley presented the staff report. Entered into the record and accepted by the Chairperson were the Zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. Commissioner RASPLICKA could not locate the fence separating the development from the irrigation ditch. He stated this was a safety concern. PUBLIC HEARING SPEAKERS' LIST CASE NO: Case No. WZ-94-17: ,.DATE: February 16, 1995 REQUEST: An application by Patricia Askew for approval of a rezoning from Restricted- Commercial to Commercial One for property located at 6795 West 44th Avenue. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED ~~~ V OY --', ~..4,~r°° ...d,,.,,, f' ~..,~ ~~. n P2 '~ -P ,, i ~ M 8 M O R A N D U M TO: ~,~Planning Commission FROM: 'Meredith Reckert, Planner RE: Case No ..WZ-94-17/Askew DATE: February 24, 1995 At the. February 16, 1995 Planning Commission public hearing,, Case No. WZ-94-17 was continued so that the applicant could discuss options to rezoning-with the area residents in attendance. The area residents indicated that they would continue to object to the zone change, but would support a Special Use Permit. The applicant amended her request accordingly. Staff has the following comments regarding the criteria used to __ evaluate a Special Use Permit. CRITERIA TO SUPPORT A SPECIAL USS PERMIT 1. Will meet a proven public seed in that it will fill a void is necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Approval of the Special Use will not fill a proven public-need by filling a void in services,'products or facilities. It will give area residents a convenient location to shop for beds. 2. Will not have a detrimental effect upon the general health, welfare, safety sad convenience of persons residing or working is the neighborhood of the proposed use. The Special Use will not have. any obvious detrimental effects on health, welfare, safety and convenience of persons in the area. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The proposed use will be fully operated within .the building with no outside impacts, therefore, no blighting effects should occur. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Memo to Planning Commission Page 2 February 24, 1995 Since no building expansion is planned, there should not be any effect on the amount of light and air to adjacent properties. Manufacturing will occur off-site which means there should be no associated air, water or noise pollution as a result of the use. 5. Is consistent with the comprehensive plan. The Comprehensive Plan designates the property as neighborhood commercial. The zoning will ..remain R-C, therefore, consistency with the Comprehensive Plan will be maintained. 6. Mill not result is undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. Traffic generated by the use will be minimal as the store is roughly 800 square feet in size and will be open only three days per week. Because of the limited stock, there should be minor internal traffic conflicts due to loading. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. No physical changes are proposed to the property as a result of the Special Use. 8. Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utilities are currently servicing the property. There will' be no impact on parks and schools. Traffic generated by the Special Use will be minimal as the store is open only three days per week and has limited stock. Staff concludes that the criteria used to evaluate a Special Use, in general, support approval of the amended request. for this reason, a recommendation of Approval is given for the Special Use Permit. Recommended Motions: OPTION A: "I move that the, request for a Special Use Permit for property located at 6709-89 West 44th Avenue, be Approved for the. following reasons:. Memo to Planning Commission Page 3 February 24, 1995 1. The area residents are in support of the special use as opposed to rezoning the property. 2. The evaluation criteria supports approval of this request. With the following condition: 1. The special use be granted to "BUnkbed Bbbs" under the operation of Bob Glusica". OPTION B: "I move that the request for a Special Use Permit for property located at 6709-89 West 44th Avenue, be Denied for the following reasons: 1. 2. 3. " TO: Meridith FAX: 234-5924 please call me with any changes you want! I can, be reached at 756-4010. I plan to pass this out today. Thanks. November 30,1994 Dear Neighbor: It has been brought to any attention { I always learn the hard way!) that the zoning on our building addressed 6709 - 6789 W. 44th Ave., laxown as the Cress Building, requires a change in zoning to accommodate a "furniture" store. Bunk Bed .bob's, a retailer of bunk beds has signed a lease with me. When he went to the city of Wheat Ridge to get a license we were informed of the problem. The present zoning of RC (Residential-Commercial) does not permit this business. Consequently, I am asking your cooperation in changingto C1(Comrnercial). There will be a meeting at 7pm December 6 in Bunk Bed Bob's to address any concerns you have. Sincerely, Patti Askew, Owner t^u z~W~z.±~r!a*~* ~c+s~x~.*.a~s~ vuro~~e:so ~s •zo CASE NO. WZ-94-17 EXHIBIT 'A" t~ec. 8,1994 meted-i~tiz Rtcke2t P.Lanne2 G7heatRadg.e, Co. 7~ealt. 1C1~. Pecke2t (Je atteaded the rte2c~/ilso~tfraad mze~inry on. dec. 6, ?994 cance!u~.u~.g .the g.orwrry o.~. the C/~ea~ Bwi.Cd.ing. .7 /x¢ve n.o ob~j.ecfian .to -the ca:~uneucal. ~.oa~inr/.. ~~~~ ~~.~~~J fila,Ge~L B¢ch.e2 6815 L3 44.th Rve. b7heat ~ddge, Ca. 80633 ~fTY t3~' WHEAT RlD ~ r~nn nr? i~~ DEG 12 1J94 !4°LANNING & DEYELppMENZ W 48TH AVE - ° °o m m o _ V I I e < W b a I 1 o 2 f ^ ° m e n o m e n e m u °o e ~ m N N m N i[l N ~j In0 tr0 b N m tmO W 45TH hVE $ _ p a % S C m S Y 1 /^T-l !~1 S i47 Q F W 47TH AVE N V m N • 0 ~O in in m + ^m a m o a is n 4580 m ~ 451 M ~ u+ 4500 e ~ ~ e ~ QZN Q W 45TH PL ° ° °O o O m ~ M N a ~ < 0 Q U] ~o N n m i[I m y m p ~o m ~ O N O N N f 0 I O Y O J 0 0 0 0 0 0 0 0 m t0 N G ro IO M O M n m {p M (p n 0 ~ N m N tO N 0 N t7 YI 1(1 N h N N Vl N m 10 M O m m M O m ro m n m ~ m m O O p O H O O Ci m n Ynl OM N N N ON m m m m m m w m n m M M R s m M o M (O lD t0 b m IG b f0 N yr4 R J 0 o r o 0 0 0 0 0 m (O M O W m M O M ~ ~ m ~ e m m r~ N M1 N N N m N N m m n o m n n o M m ~ M IO n t0 N b N m N m N b N c 0 Y o vi F ~ N e N N a °o• O .O ro _m H i° ~ a 4495 'O 4485 N I 4485 F, e • 4475 ~ C N ~ - a465 4475 ~ ~_ pyh a 4465 M ~ R _ . ~ ° rLL~n1 Sly[ ~ drn e I- ~ 3° W 44TH PL y~ N M O Ow C \~ m n W 44T• W 45TH PL W 46TH PL Case No. WZ-94-17 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Can serve. Schools: Water: (Wheat Ridge) No problems. Sewer: (Wheat Ridge) No response. U S West: No response. Public Service Co. No response. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: CITY DEPARTMENTS Public Works: Would like afive-foot right-of-way dedication for Pierce Street. Parks and Recreation: Police: Can serve. Building Inspection: No problems. agrefsum.frm CASE NO: WZ-94-17: PUBLIC HEARING SPEAKERS' LIST DATE: March 2, 1995 REQUEST: An application by Patricia Askew for approval of a rezoning from Restricted-Commercial to Commercial One for property located at 6795 West 44th Avenue. (CONTINUED FROM 02-16-95) SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED "fj/'] 1 ~ J ~..~": f~ {/g f ti? f 6 ~~'"". •, j `o^^ 6'.'EST 24TH AVENUE O. 30X o33 The City O( ^.H EAT ^nIDGE. CO 50034-io 3 - ~ .3031 234-54~~C - heat G;y Aomm. Fax a 234-5924 . ice Deot. Fax r 235-25=9 ~ldge March 24, 1995 This is to inform you that Case No. SiTP-95-1 which is a request for a~pro~~al of a Spprial TTaP PPrmlt to lln~ rnr i+nr sales in a R-C zone district for property located at 6709-89 West 44th Avenue will be heard by the Wheat Ridge Citv Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. , on April 10 1995 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the ~itv Council As an area resident or interested party, 'you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform Cs r„ ..i•,.,. r Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for 'citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project... All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be 'entered as testimony, it is the public hearings in front of Planning Commission 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 public hearings you will be attending are quasi-judicial in nature.. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The .result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. 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I ~ a~ ' ~ ~ N ~ ~~ e a 0 ~ w ~ y 4 ~O I OFN ~ a y $ o ~ Q 0 a O Q 6 N6 V F I o I ~ ~ w a u F U a I ! w w w m I f 925 9hh Z'C6 d D Q d >xJ I m m 0 w LL W U LL a w U w Q Q m 0 a. J J f m aEi E i° a CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: April 10, 1995 DATE PREPARED~~:,,~,~March 24, 1995 CASE NO. & NAME: SUP-95-1/Askew CASE MANAGER~Meredith Reckert ACTION REQUESTED: SUP to allow furniture sales in an R-C zone district LOCATION OF REQUEST: 6709-89 West 44th Avenue NAME & ADDRESS OF APPLICANT(S): Patricia Askew, 4565 E Mexico Ave., #13, Denver NAME & ADDRESS OF OWNER(S): Same. APPROXIMATE AREA: .7 acre PRESENT ZONING: R-C PRESENT LAND USE: Strip retail and service SURROUNDING ZONING: N: R-2; S & W: R-C; E: C-1 SURROUNDING LAND USE: N: single family residential; S: office; E: single-family residential; W: AgricuRural COMPREHENSIVE PLAN FOR THE AREA: Neighborhood commercial DATE PUBLISHED: March 23, 1995 DATE POSTED: March 27, 1995 DATED LEGAL NOTICES SENT: March 24, 1995 AGENCY CHECKLIST: (XX) ()NOT REQUIRED RELATED CORRESPONDENCE: (XX) ()NONE ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS ( XX) ZONING ORDINANCE (XX) SLIDES ( )SUBDIVISION REGULATIONS (XX) IXHIBITS ()OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-94-17/Askew Page 2 REQUEST „ The applicant requests approval of a Special Use Permit to allow fumiture sales in an R-C zone district on property located at 6709-89 West 44th Avenue. Said properly has an existing retail shopette built in 1972 with 8500 square feet of ground floor area. There is an additional 2400 square feet of office space on the second floor. Current tenants include a print shop, a jewelry store, vacuum cleaner sales and rental and a sporting goods store. The owner has a prospective tenant who sells fumiture. Furniture sales is an allowed use in the C-1 zone but not the R-C. The owner had originally applied for a rezoning to C-1 but modified her request to a Special Use Permit application due to neighbors objections to the more intensive zoning. II. CRITERIA CRITERIA TO SUPPORT A SPECIAL USE PERMIT 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Approval of the Special Use will not fill a proven public need by filling a void in services, products or facilities. It will give area residents a convenient location to shop for beds. There a void in furniture stores in Wheat Ridge. 2. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. The Special Use will not have any obvious detrimental effects on health, welfare, safety and convenience of persons in the area. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The proposed use will be fully operated within the building with no outside impacts, therefore, no blighting effects should occur. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Since no building expansion is planned, thee should not be any effect on the amount of light and air to adjacent properties. Manufacturing will occur off-site which means there should be no associated air, water or noise pollution as a result of the use. 5. Is consistent with the comprehensive plan. The Comprehensive Plan designates the property as neighborhood commercial. The zoning will remain R-C, therefore, consistency with the Comprehensive Plan will be maintained. 6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. ! • Planning Division Staff Report Page 3 Case No. WZ-94-17/Askew Traffic generated by the use will be minimal as 4he store is roughly 800 square feet in size and will be open only three days per week. Because of 4he limited stock, there should be minor internal traffic conflicts due to loading. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. No physical changes are proposed to the property as a result of the Special Use. 8. Will noY over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utilities are currently servicing the property. There will be no impact on parks and schools. Traffic generated by the Special Use will be minimal as the store is open only three days per week and has limited stock. Staff concludes that the criteria used to evaluate a Special Use, in general, support approval of the amended request. III. NEIGHBORHOOD MEETING _ _ __ A meeting for neighborhood input was held on December 6, 1994. Those in attendance were: Meredith Reckert (staff) Patti Askew (owner) Mik Palenden (tenant) John Higgins (tenant) Roger Bailiff (tenant) Bob Gluscia (tenant) Katherine Fedel - 4380 Pierce Street Eileen Heineck - 4382 Pierce Leona Wiler - 4355 Pierce Street Harold Wiler - 4355 Pierce Street Renee Jones - 45660 Reed Street Mabel Bacher - 6875 West 44th Avenue The residents from south of 44th Avenue were generally against allowing any expansions of the building or allowed uses. This is due to the fact that they were adjacent to a publishing company (at 6790 West 44th Avenue) who expanded and created a parking problem in the neighborhood. They said they would not object to a one-year temporary use permit but would oppose the rezoning. A letter of support from an adjacent resident at 6815 West 44th Avenue is included under Exhibit 'A'. IV. PLANNING COMMISSION ACTION __ Planning Commission reviewed this case at public hearings held on February 16, 1995 and March 2, 1995. Based on objections from the neighborhood to the rezoning voiced at the February meeting, the applicant amended her application to a Special Use Permit. r i Planning Division Staff Report Page 4 Case No. WZ-94-17/Askew Planning made a recommendation ofi Approval for the revised request at their March 2 meeting for the following reasons: The area residents are in support of the special use as opposed to rezoning the property. 2. The evaluation criteria supports approval of this request. With the following condition: The special use be granted to Bunkbed Bobs under the operation of Bob Glusica. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the criteria used to evaluate a Special Use Permit support approval of this request. Since the neighborhood is in favor of 4he revised application, as opposed to a rezoning, a recommendation of Approval is given for Case No. SUP-95-1 with the following conditions: The special use be granted to Bunkbed Bobs under the operation of Bob Glusica and be limited to 850 square feet of retail space within the existing building. V. OPTION A: "I move that Council Bill No. _, a request for approval of a Special Use Permit to allow furniture sales in aRestricted-Commercial zone, for property located at 6709-89 West 44th Avenue, be APPROVED for the following reasons: 1. The evaluation criteria support approval of the request. 2. The neighborhood is in favor of the special use as opposed to a rezoning. With the following conditions: The special use be granted to "Bunkbed Bob" under the operation of Bob Glusica and be limited to 850 square feet of retail space in the existing building." OPTION B: "I move that Council Bill No. _, a request for approval of a Special Use Permit to allow furniture sales in aRestricted-Commercial zone, for property located at 6709-89 West 44th Avenue, be DENIED for the following reasons: 1. 2. 3. " c:\wp60\cc\sup951.sr IL R-2~1 i I ~ 1 ~~~~~ ~~~ vl N~ NI N V1I N~ N N N P ~p b b ~p ID bl d N p O O m b N ~!] I[] b Yf Y N b b 4580 45f ~ 4500 1 e o ~ ml a ~ b v e b b a, I W 45TH P~ I"~ '~~ ~ n YL -~ ~ V/^ i i 2 ~ 3- ~ N ~ ~ f R \ ~ ;s 8 g i ~ s~ I ° ~ m 0 0 0 0 0 b N o b b cl m n a b b b b b b b b ~ I N b b N p N ~ Y N O 1(1 N VI P ~ f0 b ~ 1p b I O 10 b W 45TH 1~VE mI o U c a N c b Y }~.~/b b \ 30 W 44TH PLrrrrr/////bl ,~~ ~ „~ , ~~ 1 `~~ s-r~vErls FI FM. SCHOOL O I ~ ~ ~~ ,ba,• 'a u GI NQ o JI~LJ b ~' N,4F2TENSEN ~~ ~ ELEM. SCHOOL n u~ I aL ~-2 ~ Z n O U C P b U O O OBI O V V h n n b b 10 10 `D I OI N b P ~ i N N N N N b N W ^ n n O bl ~ p t O 10 b 1p 1p b W 45TH AvE O O O ~ o ' p b N n Y1 . . ~ I~ b n b b b b b b b b OI V 1 Y b h b h 1D b N N b b N ~ b b b b b b N R R wL ~ i ~-~~. ~ W 4f,TH aVc AGENDA ITEM RECAP QUASI-JUDICIAL X Yes No CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PuBLrc HEARINGS _ CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING __ PROC. CEREMONIES --LIQUOR HEARINGS __ ORDINANCES FOR 2ND READING _ BIDS/MOTIONS ___ RESOLUTIONS _ INFORMATION ONLY - - PUBLIC COMMENT .-- AGENDA ITEM TITLE: Case No. SUP-95-1/Askew SUr47ARY/RECOMMENDATION: Consider a Special Use Permit to allow furniture sales in a Restricted-Commercial zone district for property located at 6709-89 West 44th Avenue. ATTACHMENTS: 1) Council Bill No. 2) 3) BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount ~ Requested Expend:$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bill be approved on first reading, ordered published, public hearing be set for Monday, April 10 1995, at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. a. ~~ INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. 10 ORDINANCE NO. 997 Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW FURNITURE SALES IN A RESTRICTED- COMMERCIAL ZONE DISTRICT ON LAND LOCATED AT 6709-89 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Patty Askew for Bob Glusica for approval of a Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-95-1 and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, a Special Use Permit to allow furniture sales is hereby approved for the following described land: The South 155 feet of the East 225 feet of the West 250 feet of Block 7; EXCEPT that part described as follows: Beginning at a point on the South line and 25 feet East of the Southwest corner of said Block 7, thence East along said South line 35 feet; thence North and parallel to West line of said Block 7 a distance of 3 feet; thence West and parallel to said South line 15 feet; thence Northwest 16.97 feet to a point that is 33 feet East of said West line; thence North and parallel to said West line 15 feet; thence West and parallel to said South line 8 feet thence South and parallel to said West Line 30 feet more or less to the point of beginning, LAKEVIEW SUBDIVISION, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Conditions: 1. The Special Use Permit be granted to Bunkbed Bob's under the ownership and operation of Bob Glusica and is limited to 850 square feet of retail space within the existing building. Section 3._Vested Proaerty Rights. Approval of this special use does not create a vested property right. This special use is approved subject to the revocation and termination provisions of Ordinance 945, Series of 1993. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and i *. - r Ordinance No. 997 Case No. SUP-95-1 fAskew Page 2 safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect I5 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 20th day of March ,__1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for ~pri 1 7 n , 1995, at 7:00 o`clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 ,this lOthday of April , 1995. _ SIGNED by the Mayor on this 11th day of Apri T ._1995. 1 DAN WILDE, MAYOR _ ~ _^ ~ _..._.. / Wanda Sang, City Clerk APP OVED~AS TO F RM BY I~ATTORNEY i ; = ,. j M Gerald E. Dahl , CITY ATTORNEY 1st Publication: March 30, 1995 2nd Publication: April 20, 1995 Wheat Ridge Sentinel Effective Date: May 5, 1995 c:wp60tiord~s u p951.ord