HomeMy WebLinkAboutSUP-10-09City Of
l Wheat�idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29� Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
Approval of Special Use Permit
WHEREAS, an application for a special use permit was submitted for the property located at 4949 Marshall
Street referenced as Case No. SUP- 10 -09; and
WHEREAS, City staff found basis for approval of the special use permit, relying on criteria listed in Section
26 -114 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section 26 -109 of
the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a special use permit (Case No. SUP- 10 -02) is granted for the
property located at 4949 Marshall Street to allow a vehicle sales lot, based on the following findings of fact:
1. This request for an administrative special use meets all applicable conditions as required by Section 26-
114 of the City of Wheat Ridge Code of Laws.
2. Staff has not received written comments in opposition to this request from the noticed property owners.
3. The building and land is currently being used for automotive repair which is more intensive than vehicle
sales.
4. There is no change in site conditions so the special use will not impact adjacent properties or endanger the
general health, safety welfare and convenience of persons residing or working in the neighborhood.
5. Adequate parking is provided on site.
With the following conditions:
1. The special use shall be a grant of use to the property owner (Lloyd Kiper).
2. The property must be utilized in conformance with Exhibit A.
3. Vehicle display cannot occur in the area which is encumbered by a 50' wide ingress /egress easement
running along the po*ern side of the property.
Date
Community DeMopment Director
www.ci.wheatridgexo.as
City of
Wheat,lk
COMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Case File CASE MANAGER: M. Reckert
DATE OF MEETING: N/A (Admin review)
CASE NO. & NAME: SUP- 10- 09/Kiper
ACTION REQUESTED:
Special Use Permit to allow vehicle sales in a Commereial -One
zone district
LOCATION OF REQUEST:
4949 Marshall Street
APPLICANT:
Lloyd Kiper (property owner /applicant)
APPROXIMATE AREA:
2.88 Acres
PRESENT ZONING:
C -1, Commercial -One
CURRENT USE:
Heavy Automotive Repair
ENTER INTO RECORD:
CASE FILE & PACKET MATERIALS
ZONING ORDIN
Case No. SUP- 10- 09 /Kiper 1
All notification and posting requirements have been met; therefore, there is jurisdiction to make a
determination regarding this request.
I. REQUEST
The applicant requests approval of a special use permit to allow a vehicle sales facility on property
located at 4949 Marshall Street and zoned Commercial -One.
Section 26 -204 (zone district use schedule) of the Zoning and Development code requires that
automobile and truck sales in the C -1 zone district receive special use approvals.
The applicant is applying for a change of entitlement on a special use permit in order to sell vehicles
from the address above. Much of the sales will be intemet based but a physical location is needed for
the business and some vehicles will be displayed on site. The vehicles that are on site would also be
sold to walk -in customers.
The property is located on Marshall just north of the curve from W. 48` Avenue. There is an existing
structure on the property with a 7200 s.f. footprint. A special use permit was granted pursuant to Case
No. SUP -82 -5 to allow heavy automotive repair. Case No. SUP -07 -09 was approved to allow vehicle
sales and rental for a prior tenant on the property (Clear Creek Collision). The tenant has vacated the
site and the property owner now runs the vehicle repair business. No additional site improvements are
proposed. (Exhibit 1, site plan)
The northern 50' of the property is encumbered with an ingress /egress easement for the property to the
west.
The area surrounding the proposed site is largely industrial with some uses being more intensive
(commercial contractors' storage yards) than others (plumbing fixtures sales and installation). There
already is a body shop on site which is considered to be more intensive in use thn automobile sales and
rental. The Clear Creek greenbelt and open space area abuts the property to the north.
Pursuant to Section 26 -114 (special uses), the Community Development Director has the ability to
decide upon applications for administrative special use approval, without requirement for a public
hearing, provided the following conditions are met:
1. A completed application package has been submitted and fee paid;
2. The Community Development Department has notified adjacent property owners by letter
notice and the site has been posted for at least ten (10) days;
3. No written objections have been received in such ten —day period;
4. The Community Development Director concludes that the criteria for approval, as set forth
below, are substantially complied with and support the request.
The Community Development Director can impose conditions or stipulations upon the approval,
which may include physical design, operational, and maintenance considerations to ensure compliance
with the criteria for review.
The Community Development Director shall also decide the following:
1. Whether the SUP runs with the land in perpetuity; or,
Case No. SUP- 10- 09 /Kiper 2
2. Whether the SUP is personal to the applicant and may or may not be inherited; and /or,
3. Whether the SUP is granted only for a defined period, after which time the special use
shall expire unless renewed subject to all of the requirements of this section.
II. AGENCY REFERRALS
Wheat Ridge Fire Protection District: No response.
Wheat Ridge Water District: No response.
Wheat Ridge Sanitation District: No response.
Wheat Ridge Public Works: No concerns.
Wheat Ridge Police: No concerns.
III. SPECIAL USE PERMIT CRITERIA
For an administrative approval, the community development director shall base the decision in
consideration of the extent to which the applicant demonstrates the following criteria have been met:
1. The special use will not have a detrimental effect upon the general health, welfare, safety
and convenience of persons residing or working in the neighborhood.
The property in question has been previously utilized for automotive use. No changes to the site
conditions are proposed. There should be no detrimental impact to the property owner to the west if
the ingress /egress easement is kept clear of vehicles.
2. The special use will not create or contribute to blight in the neighborhood by virtue of
physical or operational characteristics.
There should be no blight issues associated with the additional display vehicles given the industrial
nature of the area. The property is already being used for heavy automotive repair which is considered
more intensive than auto sales and rental.
3. The special use will not adversely affect the adequate light and air, nor cause significant
air, water or noise pollution.
The site conditions are not changing, therefore, there should be no impact on light, air, or water to
adjacent properties. There should be no concern for increased noise, air or water pollution in light of
the surrounding commercial and industrial uses in the immediate area.
4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe
parking, loading, service or internal traffic conflicts to the detriment of persons whether on or
off the site.
Parking can be accommodated on site for the vehicle sales and body shop. There is room for the
parking of 20 -25 vehicles in the building alone. The outdoor parking, storage, and display areas are all
paved and have enough area to meet parking requirements.
Case No. SUP- 10- 09/Kiper
Public Works had previously concluded that there will be minimal traffic impact by the additional
vehicles sales use.
5. The property is appropriately designed, including setbacks, heights, parking, bulk,
buffering, screening and landscaping, so as to be in harmony and compatible with the character
of the surrounding areas and neighborhood, especially with adjacent properties.
Adjacent properties are commercial and industrial in nature and will experience minimal impact from
the proposed vehicle display. No changes to the property are proposed.
6. The special use will not overburden the capacities of the existing streets, utilities, parks,
schools and other public facilities and services.
There will be no impact to parks or schools. All utility agencies are currently serving the property.
7. There is a history of compliance by the applicant and /or property owner with Code
requirements and prior conditions, if any, regarding the subject property.
If conditions of an approved special use are violated, the permit can be revoked. If the permit is
revoked, then the use of the property for vehicle sales must cease. A review of the department's code
enforcement files has revealed that there have be no zoning code violation citations for the property in
the recent past.
8. The application is in substantial compliance with the applicable standards set forth in
the Architectural and Site Design Manual.
No physical improvements are proposed to the property therefore this criterion is not relevant
IV. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on June 9, 2010. There were no property owners or
neighbors in attendance.
V. STAFF RECOMMENDATION/FINDINGS OF FACT
Staff recommends approval of Case No. SUP- 10 -09, a request for approval of a Special Use Permit to
allow vehicle sales for property located at 4949 Marshall Street with the following findings of fact:
1. This request for an administrative special use meets all applicable conditions as required by
Section 26 -114 of the City of Wheat Ridge Code of Laws.
2. Staff has not received written comments in opposition to this request from the noticed property
owners.
3. The building and land is currently being used for automotive repair which is more intensive
than vehicle sales.
4. There is no change in site conditions so the special use will not impact adjacent properties or
endanger the general health, safety welfare and convenience of persons residing or working in the
neighborhood.
5. Adequate parking is provided on site.
Case No. SUP- 10- 09/Kiper
With the following conditions:
1. The special use shall be a grant of use to the property owner.
2. The property must be utilized in conformance with Exhibit A.
3. Vehicle display cannot occur in the area which is encumbered by a 50' wide ingress /egress
easement running along the northern side of the property.
Case No. SUP- 10- 09/Kiper
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POSTING CERTIFICATION
CASE NO. cS i-l9 — I O — 0 9
DEADLINE FOR WRITTEN COMMENTS: S I O ZO ((7
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(n am e)
residing at Z6 ,57�1 " 61,4 lR S
(address)
as the applicant for Case No. hereby certify that I have posted the sign for
Public Notice at 9 7 AV:ngd L—I—
(location)
on this /d day of �� 20 /40 , and do hereby certify that
said sign has been posted and remained in place for ten (10) days prior to and including the
deadline for written comments regarding this case. The sign was posted in the position shown on
the map below.
Signature: Z Z A 6n
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
. INDUSiR�A'L
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KIPER LLOYD R
KIPER PENNY A
7657 LAMAR ST
ARVADA CO 80003 -2336
ABBOTT THOMAS L
ABBOTT ISABELI
10780 W 35TH AVE
WHEAT RIDGE CO 80033
COPPER FIELDS LAND HOLDINGS LLC
4901 MARSHALL ST
WHEAT RIDGE CO 80033
CITY OF WHEAT RI
7500 W 29T
WHEAT GE CO 80033
STEFANICH DAVID A
11650 W 68TH AVE
ARVADA CO 80004 2537
39- 133 -05 -003 & 002
39- 133 -05 -001 & 004
39- 133 -05 -006
39- 133 -04 -004
39- 133 -04 -003
7010 0290 0 001 3035 4346
7010 0290 0001 3035 4339
7010 0290 0001 3035 4322
7010 0290 0001 3035 4315
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City Of
Wheatj
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
August 31, 2010
Dear Property Owner:
This is to inform you of Case No. SUP- 10 -09, a request for a Special Use Permit to
allow vehicle sales on property zoned Commercial -One (C -1) and located at 4949
Marshall Street.
Pursuant to Ordinance No. 1291, an administrative special use review can be
granted by the Community Development Director without need for a public
hearing. Prior to the rendering of a decision, all adjacent property owners are
required to be notified of the request by certified mail.
If you have any questions, please contact the Planning Division at 303 - 235 -2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on September 10, 2010.
Thank you.
SUP1009.doc
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ZONING MAP
WHEAT RIDGE
COLORADO
PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
- - ---- WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100 -YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
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m DEPARTMENT OF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
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City of
�
WheatpLdge
POLICE DEPARTMENT
Memorandum
TO: Meredith Reekert, Community Development Case Manager
FROM: James Cohen, Crime Prevention Sergeant 1/1 C—
DATE: Aug. 25, 2010 /
SUBJECT: Community Development Referral: SUP- 10- 09/Kiper
Upon review of this Special Use Permit, I noted no crime prevention impact to the Wheat
Ridge Police Department.
jc
d '< City of
l Wheat�dge
PUBLIC WORKS
Memorandum
TO: Meredith Reckert, Senior Planner
FROM: Dave Brossman, Development Review Engineer
DATE: August 20, 2010
SUBJECT: SUP- 10- 09/Kiper — 4949 Marshall Street
I have completed the review of the request for approval of a Special Use Permit for
reassignment of vehicle sales rights to another party received on August 19, 2010 for the
property located at 4949 Marshall Street and I have the following comments:
The Department of Public Works has no comments at this time pertaining to the
Special Use Permit request for this property.
To Mere - Kiper_4949 Marshall St (08- 20- 10).doc
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City of
`7I7heat�idge
COMMUNITY DEVELOPMENT
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date: August 18, 2010 Response Due: September 1, 2010
The Wheat Ridge Community Development Department has received a request for approval of
a Special Use Permit for reassignment of vehicle sales rights to another party on property
zoned C -1, Commercial -One, located at 4949 Marshall Street. No response from you will
constitute having no objections or concerns regarding this proposal.
Case No.: SUP- 10- 09 /Kiper
Request: Approval of Special Use Permit to allow reassignment of vehicles sales rights
from the former tenant to the property owner. No site modifications are proposed. All other
terms and conditions of the previous cases will remain in force.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations. If you need further clarification, contact the case manager.
Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857
Email: mreckert@ci.wheatridge.co.us
Wheat Ridge Fire Protection District
Wheat Ridge Public Works
Wheat Ridge Water District
Wheat Ridge Sanitation District
Wheat Ridge Police Department
"The Carnation City"
"The Carnation City"
Aug 07 08 08:51p Allen / Jaymie Martinez 303- 617 -0275 p.3
August 07, 2008
AGREEMENT
RrK , the Following Parties:
Owners of Business Known as: Clear Creek Collision Center. 4949 Marshall ati wneat nudge, w 80033
To Whom It May Concern:
Thomas L. mod Isabel I. Abbott, in consideration of good will, grant the following:
The current owners of the Clear Creek Collision Center may park cars for sale within the north - easternmost side of
this legally described access easement where closest Marshall St, and as actually demarcated by the first 5
parking spots as currently indicated by diagonal, pavement sniping.
Under the Following Conditions and Stipulations:
I. Term ofthe Agreement Two years from this date. August 7, 2008 to August 7, 2010.
2. Agreement is Not Transferable by the current owners of Clear Creek Collision Center to any other person
or entity.
3. The Agreement may be revoked, at any time, for cause.
4. In deference that the descr parking is not illegal under the Wheat Ridge Code of Laws
5. Vehicles padted must be in driveable condition, and positioned for easy relocation.
6. Vehicles taunt be moved by Clear Creek Collision on short-notice if requested by the Abbott's or their
agent
7. 24 hour clear-driveway truck access must be maintained at all times, without the moving of veWch:s; for
Excel EneW, CBS outdoor, or arty other tenant of 4909 Marshall St. Also far emergency access, such as
fire department and police. The current locked chainlink gate is accepted, with the understanding that each
property will be allowed to provide their awn padlock forreq+med secure access.
8. The grouting of this Agreement in no way is intended to provide avenue for the granting or gaining of any
long -term legal property right or Chaim to sachright; to Clear Creek Collision Center or the owner ofthe
overlying property known as 4949 Marshall St Wheat Ridge, CO 801133. Given, and with recognition of
the past, current and on -going encroachments and activities occurring within the physical boundaries of
this access easement which occurs across the properly known as 4949 Mat shall St.; the boundaries and
stipulations ofibe referenced underlying legal easement shall be considered and understood to remain
unchanged and unaffected
ed
Owners of Properties Known as: 4909 lulatsball St Parcels °A" and `I3 , wnea tuage, w 6uu -3J
Owners of the referenced legally descr Access Easementta 8rese Properties, overlying upon 4949 Marshall St
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GENERAL INFORMATION
Schedule: 910217
Status: Active
Parcel ID:
Property Type: Commercial
Property Address: 04949 MARSHALL ST
WHEAT RIDGE CO 80033
Mailing Address: 07657 LAMAR ST
ARVADA CO 80003
Neighborhood:
PROPERTY DESCRIPTION
Subdivision Name: -
Pnnt Help
Page I of 2
Owner Name(s)
KIPER AUTOMOTIVEINC
KIPER LLOYD R
Gr aphic Parcel Mao Map
SALE HISTORY
Sale Date ISale Amount IDeed Type lReception
http:// www. co. jefferson. co .us /atsldisplaygeneral.do ?sch= 910217 &offset =2 10/19/2007
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�4 LAND USE CASE PROCESSING APPLICATION
m Community Development Department
7500 West 29t Avenue, Wheat Ridge, CO 80033
Phone (303) 235 -2846
Ot O R tkv / - (Please print or type all information)
Applica t ,� /D P �/ �/ Address `f(r�� "� L/9Mtgg S� Phone - � 4 2, 3 ' 2
city ulyhb State Zip nJ Fax
Owner 277 r f� Address Phone
City State Zip Fax
Conta ' 4-11P (Z p /:; p e �' Address /t S'T Phone 3 — 5 4
City State o . Zip gp = :3 Fax
(The person Iist ed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
cornmunication to applicant and owner.) �//
Location of request (address): ^ ,,/ 7 4�' 0 X / /4RSMA1 -L
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requireme is on reverse side
• Change of zone or zone conditions pecial Use Permit
• Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
• Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
• Lot Line Adjustment ❑ Right of Way Vacation
• Planned Building Group ❑ Temporary Use, Building, Sign
• Site Development Plan approval ❑ Variance /Waiver (from Section )
❑ Other: n
Detailed description of request:
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power -of- attorney from the own which approved of this action on his behalf.
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Signature of Applicant
Subscri n• o s /2 day of, 20
otary Public
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To be filled out by staff: 9 �F �
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Date received " V O " ce
Pee $ ipt o. � ��/ Case No.
Comp Plan Desig. Zoning Quarter Section Map Sd) /'3
Related Case No, Pre -App Mtg. Date Case Manager
36
LAND USE APPLICATION FORM
Case No. SUP7009 Date Received
8 /1 21201 0 Related Cases Case Planner Reckerl
Case Description
SUP to allow used car sales
Name Lloyd Kiper Name
0 Phone (303) 423 -2052
Address 17657 Lamar St. City
Arvada State CO Zip 80003 -
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Name Lloyd Kiper Name
0 Phone 0
Address City
0 State Zip
Currta , /n/nrm.I"
Name Lloyd Kiper Name
0 Phone [3031898 -4736
Address 17657 Lamar St. City
Arvada State CO Zip 80003 -
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Address 4949 Street Marshall Street
City Wheat Ridge State CO . Zip 80033
Location Description
Project Name
Parcel No. 39- 133.05.003 Qtr
Section: FS District No.: II
)70 yliem
Pre -App. Date Neighborhood Meeting Date App No: F L
- RevievgType -Review Body 'Review Date: Disposition �,Comments, Report,
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Review Admin . ��
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Case Disposition i Disposition Date ,.
Conditions of Approval
Notes
I Status j0pen;�
CITY OF WHEAT RIDGE
88/12/18 11:43 AM cdba
KIPER AUTOMOTIVE INC
RECEIPT NO:CDA884851 AMOUNT
FMSD ZONING APPLICATION F 288.80
ZONE
PAYMENT RECEIVED AMOUNT
CK TOTAL 208.88
City of
Wheatlkdge-
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
June 28, 2010
Lloyd Kiper
4949 Marshall Street
Wheat Ridge, CO 80033
Dear Lloyd:
7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
Now that we've completed the neighborhood meeting, I wanted to get back with you about what needs to
be submitted to start the special use permit application process.
Enclosed is a land use application form which must be completed and notarized. Please turn this in with
the following items:
I. Fee in the amount of $200. This can be in check form made out to the City of Wheat Ridge.
2. Proof of ownership.
3. Written request.
4. Survey or Improvement Location Certificate.
While I understand that this is a change of ownership for the vehicle sales, I would like to use a site plan
to illustrate how the property will be used. Are you comfortable using the site plan submitted by the last
SUP holder? It was my recollection that you are proposing no changes to the property. You will need to
snake an appointment with one of the planners to submit the SUP application materials.
Also, be aware that I will be out of the office from Wednesday, June 30 through Friday, July 9. If you
need immediate assistance please contact Adam Tietz at 303 - 235 -2845 or Sarah Showalter at 303 -235-
2849.
Sincerely,
1 .
Meredith Reckert, AICP
Senior Planner
www.d.wheatridge.co.us
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CITY OF WHEATRIDGE NOTICE OF NEIGHBORHOOD
INPUT MEETING
KIPER AUTOMOTIVE INC. is proposing a special use permit on property
located at 4949 Marshall st . A neighborhood meeting will be held on Wednesday June 9
at 6pm in the lobby conference room at city hall 7500 W 29` ave. The purpose of the
request is to allow the sale of automobiles and to allow a change of ownership of an
existing SUP, no sight changes are proposed. The City of Wheat Ridge has adopted a
requirement that prior to any application for a special use permit an applicant must
notify all residents and property owners within 600 feet and invite them to a
neighborhood input meeting. The purpose of this meeting is to allow the applicant to
present his proposal to the neighborhood and give the neighborhood a forum to express
their concerns, issues and desires.
A Staff Planner will attend the meeting to discuss City policies and
regulations and the process involved, however, the Planner will remain impartial
regarding viability of the project.
Keep in mind that this is not a public hearing. Although a synopsis of the
meeting will be entered as testimony, it is the public hearings in front of the 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 kinds of concerns residents normally have include the following:
1)Is the proposal compatible with surrounding land uses and zoning?
2)Are there adequate utilities and services in place or proposed to serve the
project?
3) What is the impact on our streets?
4) How will this proposal affect my property?
5) Where will the storm drainage go?
6) How will the project be designed to enhance rather than detract from the
neighborhood?
7) What specific changes can be made in the proposal to make it more
acceptable to me?
If you have any questions please call the Planning Division at :(303) 235 -2846
If you are unable to attend the meeting you may mail comments or concerns to:
City of Wheat Ridge
Community Development Department
7500 W 29' Avenue
Wheat Ridge ,CO 80033