HomeMy WebLinkAboutTUP-12-03City of
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City of NVheat Ridge Municipal Building
November 19,2012
Ms. Carol Jarnutowski
Dye Enterprises
4855 Miller Street
Wheat Ridge, CO 80033
Dear Ms. Jamutowski:
This letter responds to your request for a second and final extension of the temporary pen-nit
granted pursuant to Case No. TUP-1 2-03. The original approval authorized the temporary
continuation of a nonconforming auto sales business at 4855 Miller Street with the condition that
the tenant begin the process for obtaining a Special Use Permit.
Staff recognizes that you have initiated the application process for a special use permit. A pre-
application meeting was held on October 4, a neighborhood meeting was held on October 24, and
a follow-up meeting with staff was held on November 16. Based on the latest meeting, staff is
expecting the submittal of a complete Special Use Permit application by November 30, 2012.
Pursuant to Section 26-115.D.2, up to two (2) renewal requests may be requested by the applicant,
and staff acknowledges your request of a second extension. The Community Development
Department hereby grants a final renewal of the 30-day temporary permit. The expiration date for
this temporary permit is now Friday, December 21, 2012.
Sincerely,
V A, 1 1, +_
VItItIv VIIII,
Community Development Director
cc: Case File TUP-12-03
7500 W. 29" Ave. Wheat Ridge. CO 80033-8001 P: 303-235.2846 F: 303,235.2857
w€NiN,xi.wheatridge.co.us
Lauren Mikulak
From: Carol Jarnutowski <jamut711@gmail.com>
Sent: Monday, November 19, 2012 8:33 AM
To: Lauren Mikulak
Subject: Estension of Temporary Special Use Permit
Dye Enterprises is requesting renewal of our temporary use permit which was approved per TUP- 12-03 at 4855
Miller Street. We are preparing to submit for a permanent special use pennit within a couple of weeks.
ufim�
Carol Jarnutowski
Comptroller
Dye Enterprises
iamut7l I (&-Lnnailcom
City of Wheat Ridge Municipal Building 7500 W. 29 th Ave. Wheat Ridge, CO 80033-8001 P: 3012352846 F: 301235.2851
Ms. Carol Jamutowski
Dye Enterprises
4855 Miller Street
Wheat Ridg
Pursuant to Secti n
low I
The Community Development Department hereby grants a renewal of the 30-day temporary
pen The expiration date for this temporary permit is now Wednesday, November 21, 2012.
m
Lauren Mikulak
From: Carol Jarnutowski <jarnut711 @gmail,com>
Sent: Monday, October 22, 20112 8:48 AM
To: Lauren Mikulak
Subject: Extension of Temporary Sepcial Use Permit
Follow Up Flag: Follow up
Flag Status: Flagged
Dye Enterprises is requesting renewal of our temporary use permit which was approved per TUP- 12-03 at 4855
Miller Street. We are preparing to submit for a permanent special use permit after the neighborhood meeting
which is scheduled for October 24, 2012
uz�
Carol Jarnutowsk
Comptroller
Dye Enterprises
iarnut71 I (&
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City of
W heat�idge
TO: Case File
DATE OF MEETING:
CASE NO. & NAME:
PLANNING DIVISION STAFF REPORT
CASE MANAGER: Meredith Reckert
N/A (Admin. Review)
Case No. TUP -12 -03 /Dye and Dearing
ACTION REQUESTED: Approval of a one month Temporary Permit to allow the continued use of
a non - conforming vehicle display and sales lot
LOCATION OF REQUEST:
4855 Miller Street
NAME & ADDRESS OF APPLICANT (S): David Dye (applicant)
Daniel Dearing (property owner)
APPROXIMATE AREA: .78 acres
PRESENT ZONING: Commercial -One
PRESENT LAND USE: Vehicle display and sales lot
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
low 4 W
SITE
Administrative review
Case No. TUP- 12- 03/Dye and Dearing
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to make a decision regarding this case.
The purpose of the request is to allow a new tenant to take over operation of the property while a
Special Use Pen is being pursued.
Pursuant to Section 26-115 (temporary pen for uses, buildings, signs and nonoperative
vehicles), the Community Development Director has the ability to decide upon applications for
30-day administrative Temporary Use Pennits, without requirement for a public hearing,
provided the following conditions are met:
The property is approximately .78 acres in size. It is zoned C- I and contains an 1800 square foot
metal office building. A single access point is provided from the West 1-70 Frontage Road North.
The remainder of the property is used for vehicle display {" xhibit 1, Aerialphoto
Use: Vehicle sales lots are special uses in the C-1 zone district. A special use permit was never
granted for the car lot use. The commercial vehicles sales standards also require a 1500'
Administrative review
Case No. TUP- I 2-03/Dye and Dearing
M. CASE ANALYSIS
This application is intended to allow the new tenant to take over operation of the property "as is".
At this point only minimal improvements are being proposed including painting of the structure
from red to an earth tone.
The owner also owns the properties immediately to the north and east. While staff would not
normally encourage the "piecemeal" approach by addressing just the subject property, the
current application will be beneficial to the city in numerous ways. By approval of the TUP and
pending SUP, there will economic and physical benefits and, foremost, an illegal has the
potential to be brought into compliance with the zoning code.
If the Special Use Permit is approved, the owner and applicant will be required to upgrade the
site in accordance with Section 26-628 if the zoning and development code regulating vehicle
display lot standards.
The property is surrounded by a variety of zoning and land uses. To the immediate north is all
A- I zoned parcel which is currently vacant and owned by the same property owner. Beyond that
Administrative review
Case No. TUP- I 2-03/Dye and Dearing
is an office/warehouse facility zoned PID. Property to the cast is zoned C-1 and contains the
American Motel. Land to the west is also owned by the property owner. It contains a 20,000 s.f
vehicle repair facility. The facades of this structure were recently upgraded.
Staff has the following criteria to evaluate temporary permit requests and shall determine that the
majority of the "criteria for review" listed in Section 26-115.D.3of the zoning and development
code have been met. The applicant has provided his analysis of the application's compliance
with the variance critefia (Exhibit 2, Applicant narrative). Staff provides the following review
and analysis of the temporary permit criteria.
1. Will not have a detrimental effect upon the general health, welfare and safety and
convenience of persons residing or working in the neighborhood of the proposed use;
and
While there have been detrimental impacts to the area with regard to the zoning violations on the
property, the owner and new tenant have been cooperative in addressing the violations. Approval
of this TIT is the first step of this process.
Stqff conch des that this criterion has been met.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution, or cause drainage problems for the general area; and
No drastic changes are proposed for the property at this time which should not affect light air,
pollution or drainage impacts on the surrounding area.
Staff concludes that this criterion has been met.
3. 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; and
Approval of the one month permit and continuation of use of the vehicle sales facility will have
minimal impact on traffic, parking or loading on or off-site.
.Sty f
,fconcludes that this criterion has been met.
Administrative review 4
Case No, TUP- I 2-03/Dye and Dearing
4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with character of the
surrounding areas and neighborhood, especially with the adjacent properties; and
The one month permit will have minimal impact to adjacent properties. The property was posted
and adjacent property owners noticed for a period often days. No objections or concerns were
voiced regarding the application.
Slqf
,f concludes that this criterion has been met.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
The request will have no impact on the capacity of streets, utilities, parks, schools, and other
public facilities and services. Upon application for a Special Use Permit, all utility agencies will
be contacted for their ability to serve the property.
Stqffconcludes this criterion has been met.
Having found the application in compliance with the findings of fact, staff recornmends
APPROVAL of a 30-day temporary permit to allow the continued use of a nonconforming
vehicle sales facility in a C-1 zone for the following reasons:
5. The request will not impact the physical character of the area.
6. The request will not overburden the capacities of the existing streets, utilities, parks,
schools, and other public facilities and services.
7. No objections to the one-month temporary permit were received during the public
notification period.
With the following conditions:
1. The temporary permit shall expire 30 days after approval and may be renewed twice.
Requests for renewal shall be provided in writing prior the expiration of the original
approval.
Administrative review 5
Case No. TUP- I 2-03,'Dye and Dearing
2. Within the first 30-day approval, the tenant and property owner must begin the process
for Special Use approval including a pre-application with Staff and neighborhood
meeting. Failure to move forward with the SUP process will result in an immediate
summons and complaint to Municipal Court.
Administrative review
Case No. TUP- I 2-03/Dye and Dearing
6
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EXHIBIT I
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City of Wheat Ridge
Community Development
'Itj 0 Wheat Ridee u
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Re: Dye Enterprises, Inc. Business Plan
4855 Miller Street
Wheat Ridge, CO
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To describe to the City of Wheat Ridge Community Development group the proposed business
plan and contemplated improvements to the property located at 4855 Miller street, Wheat Ridge,
Co.
Dye Entepanses is current with all tedera,,z9k,,g.z.A4#r. - Ww&
The company is in good standing with the CO Dealer Licensing Board with no complaints ever
filed with the Board. It has been Dye Enterprises' practice to maintain an excellent reputation
with its customers, its vendors, and in its banking relationships. A list of references is attached
for your consideration and review.
Company management has no political or religious agenda- Dye Enterprises desires to be a good
community Partner, provide a quality product to its customers. enhance its employees' and
business partners' lives with high-paying, quality jobs while enhancing the condition of the jQcjj
Phone: 303.286 .1665 Fax: 303.227,3018 6280 E 49 Drive, Commerce City, CO 80022 Page I
MkIpta 0
economy. Company management looks forward to a working cooperation with city and county
government in the Wheat Ridge area bringing a fresh, new attitude toward business,
Scope:
Phone: 303.286,1665 Fax: 303.227.3018 6280 E 49th Drive, Commerce City, CO 80 Page 2
7500 West 29th Avenue City of
Wheat Ridge, Colorado 80033 Wh6at'F i�-�gie
303.235.2846 303.235.2857
Em=
WHEREAS, an application for a temporary permit was submitted for the property located at 4855
Miller Street referenced as Case No. TUP- 12-03 /Dye and Dearing; and
WHEREAS, City staff found basis for approval of the temporary permit, relying on findings of
fact listed in Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in
the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the temporary permit application;
NOW THEREFORE, be it hereby resolved that a 30-day temporary permit is granted to allow
continued use of a non-conforming vehicle display and sales lot on property located at 4855 Miller
Street and zoned C- I (Case No. TUP- 12-03/Dye and Dearing), bas on the following findings of
fact:
With the following conditions:
1. The temporary permit shall expire 30 days after approval and may be renewed twice.
Requests for renewal shall be provided in writing prior the expiration of the original
approval.
2. Within the first 30 -day approval, the tenant and property owner must begin the process for
Special Use approval including a pre - application with Staff and neighborhood meeting.
Failure to move forward with the SUP process will result in an immediate summons and
complaint to Mu T'pal Court.
e
Kenneth Johnstci , AICP 4 ti . 1 Date
Community Dev lopment Director
2
W City of
�C(OIMAAMUNiTy DEVELOPME I NT
City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 301235.2846 F. 303.235.2857
CERTIFIED LETTER NOTICE
August 31, 2012
This is to inform you of Case No. TUP- 12-03, a request for a 3 0 -day temporary
use permit to allow continuation of a non-conforming vehicle sales lot on property
zoned Commercial-One (C-1) and located at 4855 Miller Street,
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on September 10, 2012.
USE=
www.6wheatridge.coms
10501 WEST 48TH AVENUE LLC
2717 S SIMMS WAY
LAKEWOOD CO 80228
MJB MOTELS L L C
7 01 2
1010 000l
?2?? 2741
3300 NW JEFFERSON ST 610
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BLUE SPRINGS MG 64015
4859 MILLER STREET LLC
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2717 S SIMMS WAY
LAKEWOOD CO 80228
DEARING DANIEL R
7112
1010
2717 SIMMS WAY
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LAKEWOOD CO 80228
'w> FI NOMINEE LLC
7 012
1010 o0ol
7277 t
c/a COUGHLIN & CO
140 E 19TH AVE 700
DENVER CO 80203
HAZEN JOHN WATSON 11
PO BOX 1599
70
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1010 001
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7277 2727
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WHEAT RIDGE CO 80033
City of Wheat Ridge
Community Development Dcpaftmcnt
Memorandum
TO:
Ken Johnstone
FROM:
Meredith Reckert
SUBJECT:
4855 Miller Street
DATE:
September 17, 2007 (updated December 2010)
The following is to serve as the sequence of events with regard to an auto sales facility at 4855
Miller Street. It also contains information pertinent to 4859 Miller Street. All properties are owned
by 4855 Miller Street LLC (Richard and Daniel Dearing).
PROPERTY CONFIGURATION AND ZONING
The property in question is owned by Dan and Dick Dearing and is comprised of four parcels,
SEQUENCE OF EVENTS
? 2000: Mr, Wolf leases the west half of 4855 Miller Street. The east half is used by a moving
company (Two Men and aTruck). When the moving company's lease expires Mr. Wolfappliesfior
a business license to occupy the structure on the property for office space.
August 7, 2000: Business license is approved for auto leasing and sales for what Mr. Wolf claims
as the east half of 4855 Miller. Approved by City of Wheat Ridge Community Development
Department. Address is shown as 10501 W. 48"' Avenue, Unit A.
November 8, 2004: Property owner was put on notice via letter regarding the need for paving,
February 3, 2005: Mr. Wolf meets with City personnel regarding the properties at 4855 and 4859
Miller Street. At the meeting Mr. Wolf was informed that he needed an SUP to expand the car sales
lot and allow auto service, repair and maintenance on 4855 Miller Street. Discussed also were the
requirements for a commercial zone change for 4859 Miller and the existing zone violation for
parking lot paving at 4855 Miller Street,
April 30, 2007: Hagerman, Backus and Reckert meet on-sire with property owners (Richard and
Daniel Dearing), Mr. Wolf and Tony Kervitsky to discuss violations.
May 11, 2007: A fence pennit is issued for 4859 Miller Street. A condition of issuance is that the
permit does not imply that the property can be used for commercial purposes.
May 21, 2007: better sent to property owners regarding clarification of the violations.
May 22, 2007: A letter is sent to Mr. Wolf detailing the violations on both properties. Attached was
a copy of the pre-application meeting minutes where Mr. Wolf was informed that he needed an SUP
to expand the car sales lot and to allow auto service, repair and maintenance on 4855 Miller.
Discussed also were the requirements for a commercial zone change for 4859 Miller and the existing
zone violation for parking lot paving on 4855 Miller.
May 30, 2007: David Moore, an engineering and design consultant, met with Meredith to discuss
the violations and what is needed to correct the situation. We discuss both the SLIP and zone change
requirements. Ile is informed that he and the property owner need to apply fWa - Bare - application
meeting.
July 19, 2007: Daniel Dearing and his consultant, David Moore, meet with the Planning Staff in a
pre-application meeting to discuss the requirements for a commercial zone change. The property
which is zoned A- I does not permit the use of the property for commercial auto sales and storage.
At the pre-app, staff indicates that code enforcement action will be put "on-hold" if the applicant
proceeds with the necessary steps for zone change.
August 29, 2007: Letter is sent to Mr. Dearing regarding lack of activity on the needed zone change
at 4859 Miller Street.
September 7, 2007: City officials receive a "request for production, of documents." The request is
forwarded to Jerry Dahl,
October 2, 2007: Complaint received regarding 4859 Miller. Violation notice issued for littering,
unlawful activities, weeds.
August 2008: Per negotiation with city prosecutor, tenant (Wolf) agrees to pave, install bushes
around the perimeter and get a sign permit. Pennits approved, Inspection performed on parking lot
improvements for 4855 Miller. All complete including landscaping.
June 30,2009: Received complaint re. 4855 Miller Street regarding violations for obstructing
sidewalk and prohibited (illegal) sign (sign on boom vehicle). Warning notice sent by isty Sh
Also observed that landscaping installed was dead.
July 2, 2009: zone change modifications submitted,
July ,15,2009: Surnmons, sent
July 27, 2009: Mr. Wolf pleads Not guilty and pretrial conference is set for august 26, 2009
August 5, 2009: comment letter sent regarding zone change application. Owner informed again
that staff does not support without southern parcel included.
August 26, 2009: Mr. Wolf pled guilty and was fined with suspended fines subject to no violations
in one year.
January 15, 2010: zone change modifications submitted.
February 11, 20 10: comment letter sent.
March 15, 2010: letter sent regarding scheduling for April 15, 2010 planning Commission hearing.
April 15, 2010: Planning Corninission public hearing for zone change on 4859 Miller Street to
PCD. Staff recommends denial for the following reasons:
Staff report is attached.
Planning Commission recommends denial for the following reasons:
I . The Proposed rezoning would effectively allow for the expansion of an illegal
nonconforming use.
I The City's zoning and development code does not make allowances for "interim uses"
3. There will be minimal economic benefits to the City,
Planning Commission minutes are attached.
May 5, 2010: Follow-up meeting to April 15, 2010 Planning Commission public hearing. Persons
in attendance: Meredith Reckert, Ken Johnstone, Dave Brossman, Dan Dearing, Dick Dearing, Andy
In
May 12, 2010: Discussion at micro dev regarding alignment OfMiller and whether it can be shifted
to the cast onto the American Motel property. City Council first reading on zone change set for June
14.
May 13, 2010: 1 email Andy to inquire about moving forward with first reading at CC with current
plan and staff denial recommendation, He thought that unless there was a change in the roadway
design, Dan would probably want to move forward.
June 28, 2010: Mark Westberg provides written analysis regarding right-of-way needs.
Andy shows different display lot drawings. Dave thinks the site drainage required by the net
reduction on the south with new 10' wide before could be compensated on the north with
improvements. We suggest that we move forward with concept C. and define uses for future
development of entire piece. Andy says he will prepare some drawings showing impact and
tentative layout with reservation and 10' wide buffer.
August 31, 2010: 1 email Andy asking the status of a resubmittal. No response.
City •
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COMAAMAVNjTYD NT
City of Wheat Ridge Municipal Building 7500 W. 29 Ave, Wheat Ridge, CO 80033-8001 P: 301235.2846 F: 301235.2857
August 27, 2012
David Dye
Dye Enterprises, Inc.
W "-s"ama
Re: business license application
This letter is in regard to a business license application which was recently applied for to allow
automobile sales at 4855 Miller Street.
Win
Senior Planner
C: Daniel Dearing
www.d.wheatridge.co.us
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GENERAL INFORMATION
PROPERTY DESCRIPTION
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TAX INFORMATION
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http://jeffco. us/ats/displaygencral.do?sch=042800&offset=4 9/17/2012
Location of request (addres
Type of action requested (check one or more of the actions listed below which pertain to your request ).
Application suhmittal requirements on reverse side
Required information:
Case No, "'T
UP1203 I Date R eceived ReWedCases
Case Description 00 to allcnv co n on conforming
vehicles tes lot
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Case Planner
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Review Type
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Conditions of Approval
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