HomeMy WebLinkAboutSUP-96-1The City of
ADMINISTRATIVE PROCESS APPLICATION
~1Vheat
~RidO~e Department of Planning and Development
t~ 7500 west 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant U'uePn C,~i ~~ce~y4~ Address 6070 W 9`f y~` ~/e Phone cJ O -(3//
~^~- Lt,'h Pc,} , d5'C' CO i3'OOS 3
Owner Dav~~~ S. so.~t.~-ie/ Address 3~zOA~n~r~+~assn~. Lti Phone cY;'f0-/~7`/
Location of request LJPS~~e,~ Co goo3o
r
Type o£ action requested (check one or more of the actions listed below
which pertain to your request.) - -° - _~
^ Change of zone or zone conditj QUEEN CITY
ite development plan approval HOBBIES
Special use permit nsiw .on
Conditional use permit a`~°'~'O!°tOO~CO°°'s~
Tem orar use buildin 45$-ZIZZ
P Y / g permit= ~
Minor subdivision ~- ;, >n
subaivision Competition Radio Control Cars
~ 8 Finalminary Limited Edition Racing Collectibles
^ ** See attached procedural gu,' David J. Sommer, owner Laura G. Bauer, Manager
for specific requirement?--
D Jtaile Description o£ request o e ~~e Rn i nc~oo r Cq e ~ ~T«~
>/ P ~, ~ PIP~J ~ J. ~G,~ l O i ~n ~`I ~n/ R _ 7 r/+'~q~ Z_
AG )_ On~ ~ Qn S4 kr~~ /i/+- i Gl n
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
AME ADDRg/SS PHONE q
Ci V,G' J ~ S~MM~/ j.2.20 ~1'1,O ~e b~c SSC L-, ~~J -' 9z ~ / _
Lt/C~S n she' ~L, j~OC%:j0
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 actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf.
Signature of Applicant
Subscribed and sworn to me this day of 19
Notary Public
SEAL
My commission expires
Date Received 3 - ~~- ~6 Receipt No. ~Iz~-Z, Case No_.
r
EXFi7EIT "E"
Zegal Description: I,ot 6, except the east 150' of ea.id lot, and I,ot g,
Karen Subdivision.
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7500 WEST 29TH AVENUE ~ The Clly 01
P.O. BOX 638
WHEAT RIDGE. CO 800340638 C303) 234-5900 cWheat
City Adm{n. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
March 5, 1996
The Wheat Ridge Department of Community Development has received a request
for pnroi~ l of a Special Use permit to allow 3n indoor amn~~,.,o„+ far;l;ty
at-the property described below.
Your response to the following-questions and any oomments on this proposal
would be appreciated by March 14, iQa~_• No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO: SUP-96-1/Sommer
LOCATION: 6090 West 44th Avenue
REQUESTED ACTION: Approval of a special use permit
PURPOSE: To allow an indoor amusement facility (remote control car track),
APPROXIMATE AREA: 8000 square feet of building area
1. Are public facilities or services provided by your agency adequate to
serve. this 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 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 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: M. Reckert -
epartment of Planning & Development
DISTRIBUTION:
X Water District (Wheat Ridge
g Sanitation District (Wheat Ridge
g Fire District (Wheat Ridge
Adjacent City ( )
Public Service Co.
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
W R Post Office
W R Police Dept.
XW R Public Works Dept.
W R Parks & Recreation Com.
W R Forestry Div.
XW R Building Div.
<pc>referraiform'
i1 re,~ic L-J Yap.,
~~ %500'.vE5+3GTHAVENUE
°.O. 3vX 63S
l'v~?.- ^nIDG E. CO.8003:-0635
~3~3;23--592.
City Ac-~u~. Fas ~ 23a-592 Po:,ce Deoc. rax = 235.29=:
March 5, 1996
The City of
Wheat
Ridge
The Wheat Ridge Department of Community Development has received a request
fOr approi~al of a Special Use nPrmit r ii -
-~dc~o~ mn a a a(. ~ +
i., a Ractrt t-}P~ C'OmmPr('~ al 7nno _
at the property described below.
Your response to the following questions dnd any comments on this proposal
would be appreciated by nna,-~h to tctgr~_. No response £rom you by this
date will constitute no ob0ections or concerns regarding this proposal. -
CASE No: suP-96-1/sommer ~i~ ~~ WHEAT R1hDGE
LOCATION: 6090 West 44th Avenue ~ ~ ~~ ~~ ~,f
REQUESTED ACTION: A 'r ~~~'~ 19ea
pproval of a special use permit ~, II((_
PURPOSE: To allow an indoor amusement facilit ~ ~' ~~
y (remotcp~~~£rol car track)
APPROXIMATE AREA: 8000 square feet of building area
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES / NO ,I£ "NO"y please explain below.
2. Are service lines available to the development?
YES / NO If ,"NO", please explain below.
3. Do you have adequate capacities to service the development?
YES / NO If "NO".F- please explain below.
4. Can and will your agency service this proposed development subject to
your r les and regulations?
YES NO If "NO", please explain beic~w_
5. Are there any concerns or-.problems your agency has identified which
would or should affect approval of this request? `1 n(~
~_~ I~oc arXJ( i'~ i o w.a.( C-o umu4 a ~.~.-t~ s
Please reply to: ~~,C-~ ~ ~/i~7^%~ vim! ~~ ~ `~~'C`"~='t~,+ae . i, cti.~~~= I"I,
epartment of Planning & Development WYC'r'~~~L~~
DISTRIBUTION:
X Water District (Wheat Ridge
}{ Sanitation District (Wheat Ridge
X Fire--District (Wheat Ridge
Adjacent City ( ~
Public Service Co.
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
W R Post Of£ice-
W R Police Dept.
XW R Public Works Dept.
W R Parks & Recreation Com_
W R Forestry Div.
XW R Building Div.
<pc>referralform
-500 tNE$T 29TH AVENUE
°.O. BOX o38
VvHEAT RIDGE. CO80034~063S
(303i23i-5900
Gty Acmio. Fax T 234-592
Mar-ch 5, 1996
Police Dept. Fax r 23a 2c~c
The City of
Wheat
Ridge
The Wheat Ridge Department of Community Development has received a request
fOr a}`?n rnVal Of a SnPC1al U narmi+ tO allnc a far~ili+
in a_Ract rintPrl _C1OmmPrc~a1 ~OnP
Your response to the following questions andtanyecommentsyonethisbpaoposal
would be appreciated by Marsh lq 1 No res onse from you by this
date will constitute no objections o cr oncerns regarding this pro osal.
CASE No: suP-96-1/sommer C~TIt OF WHEAT RIDGE
Q r~nr~ nr~
LOCATION: 6090 West 44th Avenue
~lAR 14199G
REQUESTED ACTION: Approval of a special use permit
~~~
PURPOSE: To allow an indoor amusement facilit ~~ ~
y (remote control car track)
APPROXIMATE AREA: 8000 square feet of building area
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES NO If "NO",_please explain below.
2. Are service lines available to the development?
YES X NO _ If "NO",,please explain below.
3. Do you have adequate capacities to service the development?
YES_ ~ Np If "NO"„ please explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES~_ NO It."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: i ~ ~
epartment of Planning
DISTRIBUTION: & Development
X Water District (Wheat Ridge ~
X Sanitati Jefferson Co. Health Dept.
d -
on District (Wheat Ri ge
X Fire District (Wheat Ridge
Ad Jefferson Co. Schools
Jefferson Co. Commissioners
jacent City ( )
Public Service Co Denver Water Board
.
US West Communications W R Post-Office
State Land Use Commission
St W R Police Dept.
XW R Public Works Dept
ate Geological Survey
Colorado Dept. of Transportation .
W R Parks & Recreation Com.
W R
Color-ado Div. of Wildlife __ Forestry Div.
XW R Building Div
TCI of Colorado .
<pc>referralform
r, ~;,., ~.,,,,,,.
OFF1Gff~L
WHE,hT R1DG~
GOLORf~pO
.~°5 S::A?$ Gn\°_~i5-API
-~=eo-=s ,w~_ ~_ _ ~»=ss=_s
~~ ~~
:_ ~_
.v-?65.
MRR 14 '96 10:25
March I3,_i996
Ms. Meredith Reckert
C!O Planning and Development
7500 We. 29t° Avemre
Wheatrid$e, Colorado 80215-6713
RE. 6090 W_ 44a` Avenue
Wheatridge, Colorado 80215-6713
Ms. Reckeri:
PAGE.002
Regarding the above referenced building location, and as agem for owners Heinz
Hartmr and Chris Sovnemann of frankfort , Gettnany, I am hereby consenting to ~ ~ for
requesting that application for special use permit, allowing indoor assembly, be grant
this location.
Sincerely,
~~
Phthp K_ Rtise
PIQt:brs
** TOTAL PRGE.002 **
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 April 4, 1996
at 7:30 p.m. at 7500 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. SUP-96-1: An application by David Sommer for Queen
City Raceway for .approval of a Special Use Permit to allow
an indoor amusement facility (remote control car .track) in a
Restricted-Commercial.-zone. Said property is located_at
6090 West 44th-Avenue and is legally described as follows:
Lot 6, except the east 150 feet of said-lot, and Lot 9,
Karen Subdivision. __
2. Case No. CUP-96-1: An application by Thomas Devenish for
the Applewood Baptist Church for approval of a Conditional
Use Permit to allow the construction of a parking lot at
11225 West 38th Avenue. Said property is zoned Residential-
One and is legally described as follows:
The West 1/2 of .Tract 21, and all. of Tract 22, Brookside
Subdivision, County of Jefferson, State of Colorado.
Sandra Wiggins, e =tary
ATTEST:
Wanda Sang, City Clerk
To be Published: March 21, 1996
Jefferson Sentinel
c:\wp60\pc\4496.phn
P.O. BOX 638 TELEPHONE: 303/237-6944 ~ The City of
7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034
Wheat
March 21, 1996 Ridge
HE ~,.; ~.. ,.
~~ ~'a
v m
CO~ORA~O
This is to inform you that Case No.
SrTP-a~_i which is a
request for approval of a s ;
~~a1 Iaa p rmit to allow an indoor
amncamanf f-r~i 1 i+~~ (ramt~i-a r"..+,-,-.i
for property located at 6090 West 44th Ava mic
~' will be heard by
the Wheat Ridge Piannin
- g~ommisGion in .the .Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at ~,~~ n_m"
on ~nr;i a 79Q~
A11 owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the
Planning 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
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: April 4, 1996 DATE PREPARED:,~March 27, 1996
CASE NO. & NAME: SUP-96-1/Sommer CASE MANAGER•.' Meredith Reckert
ACTION REQUESTED: Approval of a Special Use Permit
LOCATION OF REQUEST: 6090 West 44th Avenue
NAME & ADDRESS OF APPLICANT(S): Dave Sommer for Queen City Hobbies
9291 Washington, Thornton 80229
NAME & ADDRESS OF OWNER(S): Cal Alta Management consultants for Heinz Hartner &
Chris Sonneman, 7332 S Alton Way, Englewood
APPROXIMATE AREA: .6 acres (land area)
PRESENT ZONING: Restricted-commercial
PRESENT LAND USE: Retail
SURROUNDING ZONING: N: C-1; S,W: R-2; E: R-C
SURROUNDING LAND USE: N,E: commercial; W: Church; S: Low density residential
COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Commercial
DATE PUBLISHED: March 21, 1996
DATE POSTED: March 21, 1996
DATED LEGAL NOTICES SENT: March 21, 1996
AGENCY CHECKLIST: (XX) ()NOT REQUIRED
RELATED CORRESPONDENCE: () (XX) NONE
ENTER INTO RECORD:
(XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( XX) ZONING ORDINANCE ()SLIDES
( )SUBDIVISION REGULATIONS (XX) EXHIBITS
( )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. SUP-96-1
REQUEST
Page 2
The applicant requests approval of a special use permit to allow an indoor amusement facility at 6090
West 44th Avenue.
The property in question is zoned Restricted-Commercial and has an 8000 square foot building on it. The
R-C zoning allows retail hobby stores limited to 2000 square feet but does not allow indoor amusement
facilities (a C-7 use).
The applicant is utilizing the building for the retail sales of radio control cars and components in the
front. A work area and a carpeted competition car track are located in the rear portion of the building.
See attached floor plan. To legitimize the car track (an indoor amusement facility), a special use permit
Is required.
There is adequate parking for the use on the north, south and west sides of the building. No changes to
the property will occur.
11. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held February 1, 7996. Those attended the meeting included:
Meredith Reckert, staff
Dave Sommer, applicant
Paul Rumpeltes, 4375 Ingalls Street
Ruth McCary, 4375 Ingalls Street
No concerns were expressed regarding the special use. The neighbors were glad the building is
occupied as it had remained vacant for many months. They supported the request.
III. AGENCY REFERRALS
All agencies are curcently servicing the property.
Wheat Ridge Fire District has no problems as there is no use of fuels or chemicals.
Public Works Department is requiring no public improvements.
N. CRITERIA
CRITERIA TO SUPPORT A SPECIAL USE PERMIT
1. Will meet a proven public need in that fi will fill a void in necessary services, products or facilities
especially appropriate at the location proposed, considering available aRernatives.
Staff has no basis to determine whether the special use will fill a void in services, products or facilities.
It would provide an additional source of family entertainment.
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.
Planning Division Staff Report Page 3
Case No. SUP-96-1
There should be no negative affect on the general health, safety and welfare as the operation is
conducted entirely within the building. No toxic or explosive substances are used as the cars are
electrically powered.
3. wll 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. till not adversely affect the adequate Ight and air, nor cause sgnificant air, water or noise
pollution.
Since no building expansion is planned, there should not be any affect on the current amount of light
and air to adjacent properties. The cars are operated electronically, therefore there should be no
significant increase in air, water or noise pollution.
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 is maintained.
6. till not resuR in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or
internal traffic confliars to the detriment of persons whether on or off the site.
Adequate parking is provided. There are no outside activities which would cause internal traffic problems
or interfere with parking and/or loading.
7. WII be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening
and landscaping, so as to be in harmony and compatible with fire 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. wll 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.
Staff concludes that the criteria used to evaluate a special use support approval of this request.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that a special use permit is required to allow an indoor amusement facility in an R-C
zone. Staff further concludes that the evaluation criteria support approval of this request. Since no
neighborhood objections have been registered, a recommendation of Approval is given with the following
condition:
7. The special use be granted to Queen City Hobbies under the operation of David Sommer.
VI.
Planning Division Staff Report
Case No. SUP-96-1
Page 4
OPTION A: "I move that Case No. SUP-96-1, a request for approval of a Special Use Permit to allow an
indoor amusement facility in aRestricted-Commercial zone for property located at 6090 West 44th
Avenue, be Approved for the following reasons:
1. The evaluation criteria support approval of this request; and
2. There have been no complaints registered from 4he neighborhood.
With the following condition:
1. The special use be granted to queen City Hobbies under the operation of David Sommer.
OPTION B: "I move that Case No. SUP-96-7, a request for approval of a Special Use Permit to allow an
indoor amusement facility in aRestricted-Commercial zone for property located at 6090 West 44th
Avenue, be Denied for the following reasons:
1.
2.
3. "
b:~sup961. sr
Case No. SUP-96-1
AGENCY REFERRALS SUMMARY
Fire: (Wheat Ridge) No problems. Can serve.
Schools:
Water: (Wheat Ridge) Can serve.
Sewer: (Wheat Ridge) No response.
U S West:
Public Service Company
State Land Use Commission (over 5 acres):
State Geologist:
State Highway:
Jefferson County: (Health, Commissioners, Planning)
Adjacent City:
TCI:
CITY DEPARTMENTS
Public Works: No problems.
Parks and Recreation:
Police:
Building Inspection: No problems.
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QUEEN CITY R~C RACEWAY
6090 W 44th Ave. C3o3) 94o-a;ii
Wheatridge, CO 80033
Site Plan i "- 40'
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COMPETITION RADIO CONTROL CARS
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~ QUEEN CITY R~C RACEWAY
6ogo W. 44th Ave. (303) 940-1311
Wheatlridge, CO Soo33
Hello Neighbor, January, 26,1996
1'd like to introduce myself. My name is David Sommer and I'm the
owner of Queen City R/C Raceway. We have recently moved into your
neighborhood at 6090 W. 44th (the old Taylor Rental building}. We have a
1200 sgft Retail Hobby Shop which specializes in Radio Controled Cars.
We self primarily 1/10th scale, electric powered, competition R/C Cars far
both dirt and carpet racing.
Because we wouid like to operate an indoor carpet racetrack for some
of these cars in the warehouse area of the building, the City of Wheatridge
has asked that we obtain a Special Use Permit. In order to do that we need
to hold a neighborhood meeting to address any concerns you might have
about our use of this building for that purpose. I would like to invite you to
attend that meeting, to be held on Thursday evening, February 1st, at 7:00
pm, at my store. There will be a City staff planner attending the meeting to
discuss City policy and regulations, and the process involved.
I have been i'n this business for more than 10 years and I would tike to
assure you that R/C Car racing is not intrusive to you neighborhood. This
is strictly an indoor activity, the cars are small (approximately 18" long},
and make virtually no sound (because they are electric powered). We have
34 off street parking spaces on the property, and because we are located
right on the corner of 44th and Ingalls, #here should be virtually no traffic
on residential streets. We do this for fun {there is no money involved, other
than entry fees) and soda pop is the strongest drink you'll find at my
racetrack. i would hope that our store and racetrack wouid inhance the
neighborhood. R/C racing is a family sport, enjoyed around the world, by
young and old alike.
Please feet free to stop by and see our facility anytime, I'd be glad to
show you around.
~~/
COMPETITION RADIO CONT OL CARS
Planning Division Report Page 2
April 4, 1996
3. PLEDGE OF ALLEGIANCE
4. APPROVE TSE ORDER OF THE AGENDA
Mr. Gidley requested the addition of an item under No. 9. Old
Business - update of City Council matters. Commissioner CERVENY
noted the error on the agenda under No. 7, Public Hearing, Case
No. CUP-96-1, the address should be 11225 West 3~ Avenue. With
those changes, Commissioner WILLIAMS moved to approve the agenda
for the meeting of April 4, 1996, as amended. Commissioner
JOHNSON seconded the motion. Motion carried 6-0.
5. APPROVAL OF MINUTES
Commissioner CERVENY moved to approve the minutes for the meeting
of March 21, 1996 as printed. Commissioner RASPLICKA seconded
the motion. Motion carried 5-0, with Commissioner ECKHARDT
abstaining.
6. PUBLIC FORUM (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. PUBLIC HEARING
1. Case No. S ~-96-1• An application by David Sommer for
Queen City Raceway for approval of a Special Use Permit
to allow an indoor amusement facility (remote control
car track) in a Restricted-Commercial zone. Said
property is located at 6090 West 44th Avenue.
Meredith Reckert presented the staff report, which included
slides. Entered into the recorded and accepted by the
Chairperson were the Comprehensive Plan, Zoning Ordinance, case
file, packet materials and exhibits.
Commissioner CERVENY asked if the Special Use Permit would be
issued to the applicant.
Ms. Reckert stated it was akin to a license. If the business was
sold, the new owner would be required to apply for a new Special
Use Permit.
David Sommer, 3220 Apple Blossom Lane, Westminster, was sworn in.
He stated. he had been in the hobby business for 11 years,
specializing in radio-controlled cars.
Planning Division Report
April 4, 1996
Page 3
Commissioner CERVENY asked Mr. Sommer to estimate the maximum
number of individuals who might be at his establishment at one
time.
Mr. Sommer estimated the high end would be about 35, but average
would probably be more like 20. Spectators could number 8 to 10.
Commissioner WILLIAMS asked if the races were recreational.
Mr Sommer stated yes, there is an entry fee paid to cover
expenses, but no prizes offered.
Commissioner RASPLICKA asked about races held on Sunday
afternoon. _-
Mr. Sommer stated that there would be races on Sunday afternoon,
however, he doubted that it would clash with church services,
which occur in the morning. He added that were 34 parking spaces
on the site and the racing crowd is small.
Commissioner ECKHARDT moved that Case No. SUP-96-1, an
application by David Sommer for Queen City Raceway (6090 West
44th Avenue), for approval of a Special Use Permit to allow an
indoor amusement facility (remote control car .track) in a
Restricted-Commercial zone be Approved for the following reasons:
1. The evaluation criteria support approval of this request;
and
2. There have been no complaints registered from the
neighborhood.
With the following condition:
1. The special use be granted to Queen City Hobbies, under the
operation of David Sommer.
Commissioner WILLIAMS seconded the motion. Motion carried 6-0.
2. Case No CUP-96-1• An application by Thomas Devenish
for the Applewood Baptist Church for approval of a
Conditional Use Permit to allow the construction of a
parking lot at 11225 West 32nd Avenue which is zoned
Residential-One.
Ms. Reckert presented the staff report, which included slides.
Entered into the record and accepted by the Chairperson were the
Comprehensive Plan, Zoning Ordinance, and exhibits. Ms. Reckert
noted that copies of letters received from neighbors surrounding
the site which were provided to Commission.
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE N0: SUP-96-1 LOCATION: 6090 West 44th Avenue
APPLICANT(S) NAME: Queen City Raceway
OWNER(S) NAME: David Sommer
REQUEST: Special Use Permit to allow an indoor amusement facility
(remote car track) in a Restricted-Commercial zone
APPROXIMATE AREA: .6 acre (land area)
WHEREAS, the City of Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKHARDT, seconded by
Commissioner WILLIAMS, that Case No. SUP-96-1, an application by
David Sommer for approval of a final development plan and plat for
property located at 6090 West 44th Avenue be Approved for the
following reasons:
1. The evaluation criteria support approval of this request; and
c. There have beers no c~nnplair~rts registered frcv~ r-he neighborhood.
with the following condi.tior.:
1. The special use be granted to Queen City Hobbies, under the
operation of David Sorruner.
VOTE: YES: Eckhardt, Williams, Rasplicka, Cerveny, Langdon
and Johnson
NO: None
I, Sandra Wiggins, Secretary to the City of wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6 - 0 vote of the rnernbers present a*.
their regular meeting held in the Council Chambers of the Municipal
Building, wheat Ridge, Colorado, on the 4th day of April,/'1996.
Geor J „" ang on, airperson Sandra Wiggins, Se ary
WHEAT RIDGE PLANNI COMMISSION WHEAT RIDGE PLANNI G COMMISSION
b:\sup961.res
PUBLIC HEARING SPEAKERS' LIST
CASE NO: SUP-96-1 -DATE: April 4, 1996
REQUEST: An application by David Sommer for Queen City Raceway for approval of a
Special Use Permit to allow an indoor amusement facility (remote control car
track) in aRestricted-Commercial zone. Said property is located at 6090 West
44th Avenue.
SPEAKER NAME, ADDRESS
& PHONE (PLEASE PRINT) Position o
Please
IN FAVOR Request
heck
OPPOSED
/
~a~i~ .1, SOh'1 !'h C/ 6O`JD ''i/ ~C(Y`1 `~/}~ (3~l ~
p
P.O. BOX 638 TELEPHONE: 303/237-6944 The Clfy of
7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034
~W~ieat
~ Ridge
21, 1996
This is to inform you that Case No. SUP-96-1 which is a
request £or ar,,,rn„a1 of a 4ppCia Ge P rmit to allow and indcor
a m t f r~lii-v (Yamn+o nnn+rnl +-- track) In an .R C zone
for property located at ~n9n w 44th A„P'
will be heard by
the Wheat Ridge _ r;+y rn,nr;l in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7.Dp o m
on June 10 1996
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the
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
°~The Carnation City"
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: June 10, 1996 DATE PREPARED: May 28, 1996
CASE NO. & NAME: SUP-96-Y/Sommer CASE MANAGER: Meredith Reck@rt
ACTION REQUESTED: Approval of a Special Use Permit
LOCATION OF REQUEST: 6090 West 44th Avenue
NAME & ADDRESS OF APPLICANT(S): Dave Sommer for Queen City Hobbies
9297 Washington, Thornton 80229
NAME & ADDRESS OF OWNER(S): Cal Aita Management consultants for Heinz Hamner &
~__ Chris Sonneman, 7332 S Alton Way, Englewood
APPROXIMATE AREA: .6 acres (land area)
PRESENT ZONING: Restricted-commercial
PRESENT LAND USE: Retail
SURROUNDING ZONING: N: C-Y; S,W: R-2; E: R-C
SURROUNDING LAND USE: N E: commercial; W: Church; S: Low density residential
COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Commercial
DATE PUBLISHED: April 25, 1996 W__...~~~~....._._~ ~~W~~~M---~~~+^~~
DATE POSTED: May 27, Y996
DATED LEGAL NOTICES SENT: May 2Y, 1996
AGENCY CHECKLIST: (XX) ()NOT REQUIRED
RELATED CORRESPONDENCE`S-_ () (XX) NONE
ENTER INTO RECORD: ~~~~~~~~~ _ ~____~~ ~~W----~
(XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( XX) ZONING ORDINANCE ()SLIDES
( )SUBDIVISION REGULATIONS (XX) EXHIBITS
( )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. SUP-96-1
1. REQUEST
Page 2
The applicant requests approval of a special use permit 4o allow an indoor amusement facility at 6090
West 44th Avenue.
The property in question is zoned Restricted-Commercial and has an 8000 square foot building on it. The
R-C zoning allows retail hobby stores limited to 2000 square feet but does not allow indoor amusement
facilities (a C-i use).
The applicant is utilizing the building for the retail sales of radio control cars and components in the
front. A work area and a carpeted competition car track are located in the rear portion of the building.
See attached floor plan. To legitimize the car track (an Indoor amusement facility), a special use permit
is required.
There is adequate parking for the use on the north, south and west sides of the building. No changes to
the property will occur.
11. NEIGHBORHOOD MEETING
A meeting for neighborhood Input was held February 1, 1996. Those attended the meeting included:
Meredith Reckert, staff
Dave Sommer, applicant
Paul Rumpeltes, 4375 Ingalls Street
Ruth McCary, 4375 Ingalls Street
No concerns were expressed regarding the special use. The neighbors were glad the building is
occupied as it had remained vacant for many months. They supported the request.
111. AGENCY REFERRALS
All agencies aro currently servicing the property.
Wheat Ridge Fire District has no problems as there Is no use of fuels or chemicals.
Public Works Department is requiring no public improvements.
N. CRffERIA
CRITERIA TO SUPPORT A SPECIAL USE PERMIT
1. Will meet a proven public nxd in that it will fill a void in necessary services, products or facilities
especially appropriate at the kxation Proposed, oonaidering available akerruiives.
Staff has no basis to determine whether the special use will fill a void in services, products or facilities.
K would provide an additional source of family entertainment.
2 Will not have a detrimental effect upon the general health, weHare, safety and convenienx of
persons residing or working in the neighborhood of the proposed use.
Planning Division Staff Report Page 3
Case No. SUP-96-1
There should be no negative affect on the general health, safety and welfare as the operation is
conducted entirely within the building. No toxic or explosive substances are used as the cars are
electrically powered.
3. Will not create or contribute to blight in the neighborhood by virtue of physical or operatiorr~
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 IgM and aiy nor cause significant air, water or noise
pollution.
Since no building expansion is planned, there should not be any affect on the current amount of light
and air to adjacent properties. The cars are operated electronically, therefore there should be no
significant increase in air, water or noise pollution.
S. 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 is maintained.
6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or
internal traffic conflicts to fire detriment of persons whether on or off the site.
Adequate parking is provided. There are no outside activities which would cause internal traffic problems
or interfere with perking and/or loading.
7. Will be appropriately designed, including setbacks, heghts, parking, bulk, buffering, screening
and landsc~ing, ao as to be in harmony and compeLble with the character of the surrounding
areas and neighborhood, especially with adjacent properties.
No physical changes are proposed Yo 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 arc currently servicing the property. There will be no impact on parks and schools.
Staff concludes that the criteria used 4o evaluate a special use support approval of this request.
!/. PLANNING COMMISSION ACTION
The Planning Commission held a public hearing regarding this case on April 4, 1996. a recommendation
of approval was made for the following reasons:
1. The evaluation criteria support approval of this request; and
2. There have been no complaints registered from the neighborhood.
With the following condition:
Planning Division Staff Report
Case No. SUP-96-1
Page 4
1. The special use be granted to Oueen City Hobbies, under the operation of Dav1d Sommer.
VI. STAFF CONCLUSIONS AND RECOMMENDATIONS
Stafr concludes that a special use permit is required to allow an indoor amusement facility in an R-C
zone. Stafr further concludes that the evaluation criteria support approval of this request. Therefore, a
recommendation of Approval is given with the following condition:
1. The special use be granted to Queen City Hobbies under the operation of David Sommer.
vll. RECOMMENDED MOTIONS
OPTION A: "I move that Council Bill No._, a request for approval of a Special Use Permit to allow an
indoor amusement facility in aRestricted-Commercial cone for property located at 6090 West 44th
Avenue, be Approved for the following reasons:
1. The evaluation criteria support approval of this request; and
2. There have been no complaints registered from the neighborhood.
3. Planning Commission recommends approval.
With 4he following condition:
The special use be granted to Queen City Hobbies under the operation of David Sommer.
OPTION B: "1 move that Council Bill No. ~ a request for approval of a Special Use Permit to allow an
indoor amusement facility in aRestricted-Commercial zone for property located at 6090 West 44th
Avenue, be Denied for the following reasons:
1.
2.
3. "
b:~sup961.sr
Case. No. SUP-96-1
AGENCY REFERRALS SUMMARY
F1re: (Wheat Ridge) No problems. Can serve.
Schools:
Water: (Wheat Ridge) Can serve.
Sewer: (Wheat Ridge) No response.
U S West:
Public Service Company
State Land Use Commission (over 5 acres):
State Geologist:
State Highway:
Jefferson County: (Health, Commissioners, Planning)
Adjacent City:
TCI:
CITY DEPARTMENTS
Public Works: No problems.
Parks and Recreation:
Police:
Building Inspection: No problems.
agrefsum.frm
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QUEEN CITY R~C RACEWAY
6ogo W. 44th Ave. (303) 94o-i3ii
Wheatridge, CO 80033
Site Plan 1 "= 40'
150'
~n
m
Pad
aem~d
tz'Door 69'
o g
~ o
50'
1 Story
Brick & Block s ~
_p N
8004 sgfit Total ~ v N
• z
3 ~~
V
.- Door
~ Retail
"' 1795 sgft
Planter
~~
100'
44th Avenue
COMPETITION RADIO CONTROL CARS
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CITY COUNCSL MINUTES: June 10, 1996
Page -3=
Motion by Mr. DiTullio that the City Attorney be directed to prepare an ordinance to change
the form of government to that of a Council/Manager system incorpo~afing the specific
features presented at the June 10, City Council meeting; he further moved that the
Ordinance be presented at the June 24 City Council meeting; seconded by Mrs. Fields;
carried 6-0.
Item 1. Council Bill 15 - An Ordinance providing for the approval of a Special Use
Permit to allow an indoor amusement facility in a Restricted-Zone District on
land located at 6090 West 44th Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado.
(Case No. SUP-96-1) (Queen City Hobbies)
Council Bill 15 was introduced on second reading by Mr. Siler; title read by the Clerk;
Ordinance No. 1027 assigned.
Glen Gidley was sworn in by the Mayor and presented the staff report.
David J. Sommer, applicant, answered questions.
Motion by Mr. Siler that Council Bill 15 (Ordinance 1027), a request for approval of a Special
Use Permit to allow an indoor amusement facility in a Restficted-Commercial zone for
property located at 6090 West 44th Avenue, be approved for the following reasons: 1. The
evaluation criteria support approval of this request. 2. There have been no complaints
registered from the neighborhood. 3. Planning Commission recommends approval. With
the following condition: 1. The special use be granted to Queen City Hobbies under the
operation of David Sommer; seconded by Mr. DiTullio; carried 6-0.
Motion by Mrs. Dalbec to move Agenda Item 6 above Item 4 because people have signed up
to speak on this; seconded by Mr. Siler; carried 6-0.
Item 2. Council Bill 18 - An Ordinance providing for the approval of rezoning from
Agricultural-One fo Planned Commercial Development District on land located
at 12851 West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State
of Colorado.
(Case No. WZ-96-3) (City of Wheat Ridge)
Council Bill 18 was introduced by Mrs. Worth on second reading; title read by the Cleric;
Ordinance No. 1028 assigned.
Mr. Gidley presented the case. This is a City initiated request on behalf of and with
permission of the Colorado Department of Transportation.
„u
INTRODUCED BY COUNCIL MEMBER Siler
Council Bill No. Is ORDINANCE N_ O. io_7
Series of 1996
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL
USE PERMff TO ALLOW AN INDOOR AMUSEMENT FACILITY IN A
RESTRICTED-COMMERCIAL ZONE DISTRICT ON LAND LOCATED~AT
6090 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Upon application by Dave Sommer for Ca! Alta Management for
approval of a Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-96-1
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 an indoor amusement facility is hereby approved for the following
described land:
Lot 6, except the east 150 feet of said lot, and Lot 9, Karen Subdivision.
Section 2. Conditions:
1. The Special Use Permit be granted to Queen City Hobbies, under the
ownership and operation of Dave Sommer.
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
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 S. Severability. If any clause, sentence, paragraph, or part of this
ordinance or the application thereof to any person or circumstances shall #or 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 ~_ days after final publication.
Ordinance No. 1027 Page 2
Case No. SUP-96-1(Sommer
INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to n
on this 22nd day of April , 1996, 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 June 10 , 1996, 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 6 to ~ ,this lochday of June , 1996.
SIGNED by the Mayor on this iirtrday of June _ , 1996.
Wanda Sang, City Ciefk~
Pi fc-CtL~c./
DAN WILDE, MAYOR
APP , ED AS TO ~NI B C TTORNEY
i
~/ / ~ _ .
GERALD DAHL, CRY ATTORNEY
1st Publication: April 26, 1996
2nd Publication: June 1~:, 1996
Wheat Ridge Transcrivt
Effective Date: June 29, 1996
c: wp60\o rd\s u p 961. o r d
AGENDA ITEM RECAP
_ PUBLIC HEARINGS
_ PROC./CEREMONIES
_ BIDS/MOTIONS
INFORMATION ONLY
QUASI-JIIDICTAT• X _
Yes No
_ CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
_ =CITY-ATTY. MATTERS x ORDINANCES FOR 1ST READING
_ LIQUOR HEARINGS _ -ORDINANCES FOR 2ND READING
PUBLIC COMMENT - RESOLIITIONS _
AGENDA ITEM TITLE: SUP-96-1/Dave Sommer
SUMMARY/RECOMMENDATION: Consider a special use permit to allow an
indoor amusement facility in a Restricted-Commercial zone district
at 6090 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
SIIGGESTED MOTION:
I move that Council Bill be approved on_first reading, ordered --
published, public hearing be set for Monday, June 10, 1996,at 7:00 p.m:
in City Council Chambers, Municipal Bldg., and if approved on second
reading take effect 15 days after final publication.
INTRODUCED BY COUNCIL MEMBER
Council Bill No. ORDINANCE NO.
Series of 1996
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL
USE PERMR TO ALLOW AN INDOOR AMUSEMENT FACILITY IN A
RESTRICTED-COMMERCIAL ZONE DISTRICT ON LAND LOCATED AT
6090 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Upon application by Dave Sommer for Cal Alta Management for
approval of a Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-96-1
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 an indoor amusement facility is hereby approved for the following
described land:
Lot 6, except the east 150 feet of said lot, and Lot 9, Karen Subdivision.
Section 2. Conditions:
7. The Special Use Permit be granted to Queen City Hobbies, under the
ownership and operation of Dave Sommer.
Section 3. Vested Property 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
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. SeverabilitY. 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 days after final publication.
Ordinance No. Page 2
Case No. SUP-96-iJSommer
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this _ day of .1996, 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 , 1996, at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to .this _ day of , 1996.
SIGNED by the Mayor on this _ day of , 1996.
DAN WILDE, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
c:wp60~ord~s u p961.ord