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HomeMy WebLinkAboutWZ-97-7 -H> vm x~P =op , 4°m om mN; ~ ; N ~ m ~ s V V < m ~r .O ~ 5: ~FO ~F I.~ ]y u ~ 1l'' -~~ n n C D ~nC2 <~n ; (t ; mm n S 9 C oo 9 m 4O ~ ~ ;~~O ~ D N - ~ ~ ~ 2~ D _ Z Z V t i~ ~ a - n 2~0 .k D L ~ i n ~' 2 - ' . _ n_ -- 'x - - n c m - - - L y - 2 2 fa ~ _ _ _ v £ m _ z = __ ° b - •, i i~~ m _ - ~ Ro _ ~m o :o a o n m D n 0 n =_ _ : > x r~ ~o ~ n g > a s ~ 9~ a o 0 ~ o o ~ n i ~ o i o c ~ g -~ ~ ~~~ - _ ~ ~ ~ ~ _ a g 8 ~ r m v a ~ 2 'v ~ _ 8 _ < ~ r g S ~ a ~ ~ $ _ z ~ a _ __ ~- r pu FI °z '~_ '~ ~- C ~ ~' ~ - ~~ cz _ y _'". SOZ - z ~- ZF ~ a _ c _z N S C L f~ d ,~ ,~' ?~ ~ ~. ~'~ i .5 ~h.~k ASQ9f o .y /' v 5 e r ~. ~ S ~ 4 ti e; - o _,8 ~ _ D ZC O _-o '~'' ~'a R ~ :g=~ o°~' o S i a9o ~$.~i N~a~ `~~~. D Z O ?' r n O - c D r ~ O~ < C m r o ~ r~ -~ ~ - r z ~, m mZ ~ oZ ~~ m r mo C y Z ~ ~ _ o _ O N z ~~ ~ ~m m ~ Z ~ ~ -i ~ ~ r -< r o Dp „ zm = m r n o --~ ~ ~ ~ m o z ~ ~ m .~. ~ 4S~Q d . g ?cep ' ~' ~~~~. ?ia C~Fi C}4 G CZ/c m•. C 4 ~ .~. ~ "O ~rry S41~@!` 0... 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BO' ~~ I I~ _~ a - PAPI(1 NG ANO DRIVES Dr T ~ ~ ~~ m a 3 ~ B IIDIrvG Pap ~ • ~ 98.1 I= l= e p E "~ m a o of i r i ~ j ~ i / dod nyy ~ . tl0b / 5 ~ ~ 3 ap-9L.61 a 3m. i may` ~£ ~ c `~ I l~~ ~~ I i ~; III - I ~~II 17 IIi _ I~ II_J1 I } ~ - - ~N- m . ~ r . = ~ ~ ^ - - ~ e i= o m S c ~ z N a~~~ a ~, - ,m~_ _ ~ Im a ~= ~ po ~ z m - a ~~r £ - ~ 5 .~ m i ~ z > _ _ 8 ~ m; y m ~' O u R F _ A '^ N NSA € ~~m The Giy of - - - ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303)-237-6944 Applicant Ln~.iS C1 i-c~r~~> Address ~J ,31.S t~ ~~' A~1~ Phone~6~'=~c/fir' O ~ ' L wner ,ti.,/~-y Addressa,l P.nc~(~.- pZ 5. ,Sjln>,rC<x^~ Phone Locatiorikof~ equest 6 ~ a_~ G(i` ~~~h ~ L~~ Type of action requested (check one or more of'the actions listed below which pertain to your request.} .~ Change o£ zone or zone conditions e Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit _ _ Interpretation of cede Temporary .use/building permit Zone line modification ^ Minor subdivision Public Improvement Exception' ^ Subdivision Street vacation -- Preliminary 8 Miscellaneous plat Final ** See att h d Solid waste landfill/ ac e procedural guide mineral-extraction permit for specific requirements: O ^ ther Detailed Description of request G~ t~ o ~ ~~~ ) .~~•~~ ~ ~m ~ ~ - ,~.. - List all persons and companies who hold an interest in the describ-ed seal property, as owner; mortgagee, lessee, optionee; etc: -- NAME ADDRESS ~vr ~ 7 F~c~ ~ /13f t' w 3~#~' PHONE t~V~ `f2( 1461 a63-cxi~~, ~.,: 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 notion cannot lawfully be accomplished. Applicants-other than owners must submit power-of-attorney from the owner which approved of this action,pn hi beha f. / ' Signature-gf.Applicant - -- Subscribed and swo n t me j day of 19 q Notary Public SEAL- _ - - MtSSIOIf tlltMESxIt17!! My commission expire- Date Received ~ ~,3/ - ~ Receipt No._~,Q' __ _ Case„ No. _ +~ ~ NOTICE OF NEIGHBORHOOD INPUT MEETING /~ FOR REZONING LOV T'~ GC w~ IS PROPOSING A REZONING FROM c--! - 1?~ TO PGI~ ON PROPERTY LOCATED AT ~ ~a $ W ¢~~+n x ~J~ THE LOCATION OF THIS MEETING IS G ~ I I ...!"..•, ; r ` ": „rn THE TIME AND DATE FOR THIS MEETING IS Ihr, rr h y} ~ ~"x`>-' ~ 6 % 3G> P~ TH~//E~~ PURPOSE FOR THIS PROPOSAL IS 1 Q CrP~_ d~ r lnmr~ 'rr I The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the. neighborhood to express directly to the applicant, their concerns, issues and desires. A'staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If .you want input in the decision-making process,•it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: * Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? * What specific changes can be made in the proposal to make it more acceptable to m~e?. After attending tYi'e eighborhood Input Meeting, please use the following space=and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. G PRINT NAME ADDRESS T r~ 7 PHONE <pc>notice/neighborhoodmtg/zk __ __ ... --- isvv~ ._----__-__ _ . ~ ~ _ ~~ -- =Y ~-_ ~- ,, -- . 7500 West 29th Avenue Wheat Ridge, Colorado 80033 . Telephone 303/ 237-6944 FAX 303/234-5924 July 1, 1997 Mr. Lou Ficco Ficco Brothers Construction 3650 Vance Street Wheat Ridge, CO 80033 Ridge Deaz Lou: On June 5, 1997, Planning Commission reviewed your request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan. A motion was made to recommend approval with the following coriditions: 1. That performance standazds as "Exhibit A" be included under the ]ist of allowed uses. (See attached.) 2. A note disallowing billboards be placed on the plan. (A note.) 3. If feasible and subject to approval of the Final Development Plan, brick accent be used on those building elevations visible from adjoining streets. (A note.) 4. Outside storage can be allowed on the northern most building provided that it is not accessible by vehicles and will be reviewed at the tune of the submittal of the Final Development Plan. 5. Mature trees to be preserved as practical. 6. No above ground loading docks be shown on the Final Development Plan. 7. In the list of uses, tire capping be eliminated. g. That the plan provide noise standards that are acceptable per State standards. 9. Repair or maintenance of semi-trucks be eliminated. 10. Regulaz parking or storage of semi's outside the premise will not be allowed. This case is schedu]ed for public hearing in front of City Council on July 28, 1997. I will need 15 copies of the revised outline development plan no later than July 14th for pack distribution. , I will be on vacation from July 1 -July 10. In the interim, if you have any questions, feel free to contact Sean McCartney at 235- 2852. Sincerely, Meredith Reckert Senior Planner The City of Wheat CC Case No. WZ-97-7 ~2 4 The following are Staff s recommendations for performance standazds frno~~ p~ ~e ~r°lect lpc.~t~d xt ~~,~ West 4Sth Avenue. This language needs to be incorpo allowa on the wtline development plan. _,. Performance Standards: The following standards and conditions shall apply to the development, use, operations and maintenance of any business allowed in this planned development 1. Building enclosures. Every use spell be o yerated in its enuret~ ~~ final completely enclosed building unless otherwise s ecificail provided by the app development plan. Outdoor storage. All outdoor storage facilities shall be enclosed with a view obscuring fence, wall and(or landscaping which fully conceals such facilities from adjacent properties, public streets and pedestrian ways. ;. Noise. No operations within this planned development shall be allowed to create Heise d"iscernable at the property line. This shall include affects due to intermittence, beat fir, shrillness or intensity. q:, .Odors. No operations within this planned development shall be allowed to emric odors dhscetmable at the property tine. 5. Vibration. No operations within this planned development shalt be allowed to emit vibration discernable at the property line. ' 6. Glare and heat. Any operation producing intense glare and/or heat shall be performed within a completely enclosed building. ~ ' 7. Emission control of smoke, dust and gases. No operations within this planned development shad be allowed to emit fugitive dust, smoke andlor gases. 7 ;:~ ... . .. .. _. . J ~, ~ . ~-_ r - _- -. _. -_ - __. -. • W H E A T 7 5 0 0 WEST 2 9TH A V E N U E OF WHEgT~ ,~~~ R I D G E -- U (T1 WHEAT RIDGE, COLORADO 80215 FAX# (303) 235-2857 ~~~1 g To: _ - - A _- _ - . C , _: From: /" I ~~ ~'~ - - Date: ~ 1 (- 9 ~ S Z I No. of Pages - (not including cover sheet) M I Comments: L -- .:. E PLANNING AND ZONING PARKS AND RECREATION PUBLIC WORKS -~ -- - - ,~ (303) 235-2877 '°-(303)235-2861 (303) 235-28-F6 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 April 1, 1997 Ridge The Wheat Ridge Department of Community Development has received a request for approval ofa rezoning from Commercial- One and R idential Two to a Planned Commercial Development and approval ofan outline development plan at the property described below. Your response to the following questions and arty comments on thrs proposes! would be appreciated by Apri114 1997. No responsefrom you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-97-7/Ficco LOCATION: 6225 West 48th Avenue REQUESTED ACTION: Rezoningfrom Commercial-One and Residential-Two to a Planning Commercial Development and approves! ofan outline development plan. PURPOSE: Construction ofan offrce/warehouseptoject with light industrial uses. APPROXIMATE AREA: N/A 1. Are public facilities or services provided by your agency adequate to serve this development? YES ./ NO_ If "NO ", please ezplain below. 2. Are servic lines available to the development? YES _tV0_ Ij"NO'1 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 arty concerns or problems you agency has identified which would or should affect approv//a~~l ofthistJ request? r f}~,y r~'GWl dv /SSk.GS r1072~rG~lsSd.Ya]r'~tSrare Please re 1 to: Meredith Reckert ~ PY ~t,s~~6,~,,~/+c~g~(,Qrisse~Q~s,lGon,ee arrscs, Department of Planning & Development ~'V ~~ ~ fir/, u1~~'.t~,D, ' ~/y`~7 DISTRIBUTION: X Water District (Wheat Ridge) X Sanita i 'dQg ~a~i Adja en t y X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife X TCI of Colorado Jeffco Health Department Jeffco Schools /effca Commissioners X Denier Water Board WR Post Office X WR Police Department X Public Works Dept. X WR Park & Rec Commission X WR Forestry Division WR Building Division "The Carnation City" The G'ity of Wheat • 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 Ridge April 1, 1997 _, _r_ _,,.,,.,,;.,a from Commercial- The Wheat Ridge Department of Community Development has received a request for r v ti l- to Pan C m r is ev 1 ment and r v I o an utli a efo ent lan at the property described below. Your response to the following questions and arty comments on this proposal would be appreciated by April 14 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-97-7/Ficco LOCATION.• 6225 West 48th Avenue REQUESTED ACTION: Rezoning from Commercial-One and Resider:tial-Two to a Planning Commercial Development and approval of an outline development plan. PURPOSE: Construction of an o~ce/warehouse project with light industrial uses. APPROXIMATE AREA: N/A ]. Are public facilities or services provided by your agency adequate to serve this development? YES~Y' _ NO_ Ij `NO" please explain below. _ 2. Are service lines available to the development? YES_ NO~_ If °NO ", please explain below. it/,~~AS Nli4vol. G/N,E. Ex TEN-S/off ih'CU /~EVELOPME.vT PLV3 /•/YrJzA~rS 3. Do you have adequate capacities fo service the development? YES~_ NO- If "NO ", please explain below. ¢, Can and will your agency service this proposed development subject to your rules and regulations? I 'NO", please explain below. YES )< NO_ f ~._ S. Are there arty concerns or problems you agency has identified which would or should affect approval of this request? Please reply to: Meredith ReckPrt Department ofPlannmg& Devetopment DISTRIBUTION: / __ X anitatton rstrict ~ eat Ridge) X Frre District (Wheat Ridge) Adjacent Ciry O X Public Service Co. X I/S West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife ,y TCI of Colorado Jejfco Health Department Jeffco Schools Jeffco Commissioners X Denier Water Board WR Past Once X WR Police Department ,y Public Works Dept. ,~ WR Park & Rec Commission ,y WR Forestry Division WR Building Division "The Carnation City" The of Wheat RPR-1A-1997 15 57 ?500 Lx'est 29rv Avenue ~ T_he~,~ of Wheat Ridge Colorado 80033_ __- _ _ ___ ~tE~` Teiephones03/ 237-6944 _ `$$~~~ R~G~.~i~E~ ~~~ " ~ Sg~7 ,gpril 1. 1997 P.02i02 The Wheat Ridge Department of Community Development has received a request for~y,oval~~a! ez~nin~ Som ~ommereta!- ~ i('tm aria!Develop--et'attG~r--vaf-aneu.lt;° ~.:.-^.an at.... propersy described below. Your response to the fallowv{g yttasrions mid airy comments on th+s proposal xotld be appreciated by Anrif 7d 7997- ,*lo resporse from yon by this dare wall constitute no objections cr concerts regarding this proposal - - CASE NO: WZ-99-7/Ficco LOCATION.' 6225 West 48th Avenue REQUESTED ACTION: Rezoning from Commercial-One and Residential-Two ro a PlanningCommercia!Development and approval ojan outline development plan. PURPOSE: Construction of an o~ce/wwel+ouse project with light industrial uses. APPROXIMATE AREA: N/A 1. Are public facilities or services proveded by your agency adequate to serve this development? YES~e NO /f "NO ", please explain below. Z. Are service lines available ro the development? YES_ NOS-. If "NO" please esplaix below. ~ r I 7fie~c arc r~e/r./~oirS~,~~y,~/dtf~ 3. Do you have adequate capacities t service the developineu? YES ~ ND If "NO'; Please exptaix below. 4. Can and will yara• agency service this proposed development subject to yota' rules mtd segulatiorts? YES~_ NO (f':'tt0': Please explain below. S. Are there arty concerns or problems you agency has identified which would or should ajfecr approval of this reyuest? Please reply to.- Mered'tk Rec,F rt Department ofPlarming & Devetgomen[ DISTRIBUTION.• X X Water District (Wheat Ridge) t r X Fireistrict +ea + ge Ad/acentCiry () X Public Service Co. X US West Communications State Lane Use Commissiox State Geological Survey Colorado Dept OfTranspwtation Colorado Dlv. OfWltdllfe X X X X X TC/ ojCotorado Jeffca Heakk Department Jeffco Schools Jeffco Commissioners Dem+¢r Water Board WR Post Office WR Police Departmem Public Wwks Dept WR Pwk & Rec Commissrox WR Forestry Division it~1? BuildrngDivislon "The Carnation City" .G' P ,Dl TOTRL P.02 4. { - MEMORANDUM TO Meredith Reckert Planning and Development FROM Deri Patt Police Department SUBJECT Case No: WZ-97-7/Ficco 6225 W. 48 Avenue DATE April 3, 1997 From this plan, I have no recommendations at this time. I would like to review more detail plans when they become available. While my recommendations do not guarantee acrime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (OPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Thank you. Deri 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 23.7-6944 April 1, 1997 Ridge The Wheat Ridge Department of Community Development has received a request for aoaroval ofa rezoning from Commercial- One and Residential Two to a Planned Commercial Develgpment and aDOrova! of an outline development Dian at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by aril l4. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-97-7/Ficco LOCATION: 6225 West 48th Avenue REQUESTED ACTION: Rezoning from Commercial-One and Residential-Two to a Planning Commercial Development and approval ofan outline development plan. PURPOSE: Construction of an office/warehouse project with light industrial uses. APPROXIMATE AREA: N/A I. 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 wit! 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 you agency has identified which would or should affect approval of this request? Please reply to: M redith Reckert Department of Planning & Development DISTRIBUTION: X TCI of Colorado X Water District (Wheat Ridge) Jefjco Health Department X Sanitation District (Wheat Ridgef Jeffco SchooGs X Fire District (Wheat Ridgef Jeffco Commissioners Adjacent City () X Deriver Water Board X Public Service Co. WR Post Offrce X US West Communications X WR Police Department State Lane Use Commission X Public Works Dept. State Geological Survey X WR Park & Rec Commission Colorado Dept. Of Transportation X WR Forestry Division Colorado Div. OjWildlife _ WR Building Division The~ity of Wheat "The Carnation City" • ~UBDIV~JON M~Ma AND GQNTACT RECQRI~ CONTACT NUMBER: .3. DATE: 5=27_, 1997 SUBDIVISION NAME: T•nTJ- R P.C.D. _ _ _ ENGINEER: NAME:. TANE ENGINEERING PHONE: (303) FAX: ~~-- CTTv REPRESENTATIVE• S~HN MCGUIRE _ REMARKS: idE WILL AT~'ED TO SEE A TITLE COMMITMENT FOR THI5 PROPER'T'v 2• F THERE IS OWNERSHIP BETWEEN THIS PARCEL AND OLD ARVADA ROAD OR 3• F THE PARCEL IS NOT CONTIGUOUS WITH OLD ARVADA ROAD. WHO HA~_ , E q•. I 'S'HE EXCEPTION FOR WEST 48TH AVE GOING TO BE DEDICATED _. ~. 7: - ' $_ - _- - :. lOs z'*Tr'TNEER REPRESENTATIVB• STEVE LISTER _ _ REMARKS: How contact made: person phone letter fax REPRESENTATIVE: City: , Engineer: Callback 1 Date- _= Remark: Callback 2 Date: Remark: Callback 3 Date: _ _ Remark: ;X - i C>~ ~~ ~ ~ ? ~ ~ ~~ ~~ ~~ s. N K _..._ LL 1q ~ s'Aip'eQ, ^ O 04-31 ~ 19)0 b'19 ',: ~'~' mo F y -'FI?lal~ AVE ~ ass9 +9e5 ~; ~ST ~ bez 6E h x0.15 ' ~~ >o ry laeo ? ! _ 9 .~'. No $ ~ f. '~ ~ T ~1 - ~ _ O~~I GI ~L ZONING M ~ P `,,~.4 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOGATI OM - ZONE DISTRICT BOUNDRY W,~~~T ~I DG~ -PARGEVLOT BOUNDRY SDESIGNATES OWNERSHIP) //~~ GOL,Q~J"~~O -"~'=CITY LIMIT LINE MAP ADOPTE6-June I5, 1994 Last Reviaon: January 9, 1995 .._ ... ... WATER FEATURE DENOTES MULTIPLE ADDRESSES _ ~l anutn~elT of wJwrra nrv oEVe.oar~+r - gas-aess L:\ORAWINGS\PLANNING\QS\SW13 _ ~Y ~ 0 ~i SGAIJ= I'~4C0 ,_ - r . W 51ST A~~. _ ____ _- -_ -_ ,~- W H E A T i500 A'ES,T 19TH AVENUE F WHEgr G E ° ~ I D mi WHEAT RIDGE. COLORADO A0115 ///,~'~~io ~ r , ..\`. ~~ ~ ~/'- \,r I'LA~NING ,1hD ''/.LINING ~ PARKS AND RECREAl1UN'• PUEiLIY i1'~U~RKS (303)235-2846 .-~ _ (303)235-2877 ~ ~ '.(303)235-2861 ~~ >~ NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge PLANNING COMMISSION on June 5, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens aze invited to speak at the Public Heazing or submit written comments. The following petitions shall be heazd: Case No. CUP-97-4; An application by the Wheat Ridge Presbyterian Church for the Presbytery of Denver for approval of a conditional use permit to allow a church and an outdoor worship area on Residential-Two zoned property located at 9180 W. 38th Avenue. Said property is legally described as follows: The North 290 feet of the East one-half of the West one-half of the West one-half of the Northwest one-quarter of the Northeast one-quarter of Section 27, Township 3 South, Range 69 West, EXCEPT the North 205 feet of the East 75 feet thereof, and, The North 507.6 feet of the West one-half of the West one-half of the West one-half of the Northwest one-quarter of the Northeast one-quarter of Section 27, Township 3 South, Range 69 West of the 6th P.M., together with the improvements situate thereon, known and numbered as 9180 West 38th Avenue, Wheat Ridge, all in County of Jefferson, State of Colorado, and. Beginning at the NE corner of the W%Z W'/z W'/z of the NW%a of the NE'/< thence South a distance of 506.6 feet, thence west a distance of 20 feet to a point on the circumference of a circle of 45 foot radius whose center is 462.6 feet South and 20 feet West of the point of beginning, thence Northwesterly along said circumference a distance of 136.42 feet to a point 25 feet West of the East line of W'/a W'/< W %a N W'/a NE'/4, thence North to the North liner of Section 27, then East a distance of 25 feet to the point of beginning. The South 1 foot of the East 20 feet of the W %z W %z W%z of the NW'/4 of the NE'/< of Section 27, Township 3 South, Range 69 West. The West 25 feet of the North 290 feet of E'/~ W%2 W'/z of the NW'/< of the NW'/< of Section 35, Township 3 South, Range 69 West, and, The South 1 foot of the East 20 feet of the W'/z of the W %z of the W %z of the NW'/4 of the NE'/ Section 27 T3S R69W, and, The North 205 feet of the East 75 feet of the E'/~ W%2 W'/z NW'/ NE'/a of Section 27, Township 3 South, Range 69 West of the 6th P.M., together with easements and rights of way as reserved in deeds recorded in Book 933, Page 117 and in Book 1290 at Page 519, except any portion lying within West 38th Avenue, County of Jefferson, State of Colorado. 2. Case No.WZ-97-5: An application by Pacifica Holding Company, LLC, for Pacifica Development Properties, II, LLC, for approval of a rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan and a final development plan and plat with variances. Said property is located at 9500 West 49th Avenue and is legally described as follows: Lots 1, 2, 3, and 4 of 70 Executive Center Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 3. Case No. WZ-97-7: An application by Louis J. Ficco for Dorothy J. Smith and Lenore A Harris for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan. Said properly is located at 6225 West 48th Avenue and is legally described as follows: An undivided '/z interest in: That part of the South half of the Southwest Quarter of Section 13, Township 3 South, Range 69 West, lying east of the easterly line of LaVeta Avenue and South and East of Southeasterly line of Block 19, Berkeley Heights 2nd Filing (except Blocks 12, 16, 17, and aten-acre tract heretofore conveyed to Belle Bush by deed in Book 117 at Page 479 said land being more particularly described as follows: Beginning at a point on the South line of Section 13, 786.4 feet West of South Quarter corner of Section 13, thence North 650.5 feet, thence South 53 ° 47' West 123.75 feet, thence North 89 ° 13' West 104 feet; thence South 45 ° 38' West 140.3 feet; thence South 30° 02' West 90.3 feet; thence South 09° 28' East 109.6 feet; thence South 15° 51' East 38 feet; thence East 185 feet to stake; thence South 259 feet to South line of said Section 13; thence East along said Section line 136 feet to point of beginning, County of Jefferson, State of Colorado. 4. Case No ZOA-97-2: An application by the City of Wheat Ridge for approval of an amendment to Section 26-30 (T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities. Marilyn Gunn, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: May 16, 1997 Transcript ~~se-Tla._N2-977c An application by Louis=J: Ficco for Dorothy J. Smith and Lenore A Hams for approval of a rezon- ing from Residential-Two and Commer- cial-One to Planned Commercial Development and for approval of an outline development Plan. Said Proper- ty is located at 6225 West 48th Avenue and is legally described as follows: An undivided 1/2 interest in: That part of the South half of the Southwest Quarter of Section 13, Township 3 South, Range 69 West, lying east of the easterly line of LaVeta Avenue and South and East of Southeasterly line of Block 19, Berkeley Heights 2nd Filing (except Blocks 12, 16, 17, and a teri- acre tract heretofore conveyed to Belle Bush 5y deed in Book 117 at Page 479 said land being more particularly described as follows: Be inning at a point on the South line of Section 13, 786.4 feet West of South Quarter corner of Section 13, thence North 650.5 feet, thence South 53° 47' West 123.75 feet, thence North 89° 13' West 104 feet; thence South 45° 38' West 140.3 feet; thence South 30° 02' West 90.3 feet; thence South 09° 28' -- East 109.6 feet; thence South 15° 51' East 38 feet; thence East 185 feet to stake; thence South 259 feet to South tine of said Section 13; thence East along said Section line 136 feet to point of beginning, County of Jefferson, State of Colorado. __ , .~~~IQ~ P.O.00X 638 T[LEPti0n1E', 303/231-694a The Cr f 7500 WEST 29TH AVEt~WHEAT RIDGE. COL O(tADO 8003 (jx ~~~. „- _ V~V idge P05TING CERTIFICATION CASE N0. Ly7 ~'Cj7 '- PLANNING COMMISSION - CITY COUNCIL - BOARD, OF ADJUSTMENT (Circle One) HEARIN/G DATE: (- S ~ J ~ 7 ~ 30 I, LOC/ FtrGG p , n a. m e residing at a d d r'e s s v as the applicant for Case No. (.c,/7~'y7~ "7 , hereby certify, that I have posted the Notice of Public.Hearing at ( l o c a t i o n) on this ~ ~ day of G, , 19~Z , and do - hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to-and including-the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted ~dt the pt~blFic hearing on this case -- and will be placed in the applicant's case file at the Department of Community Development. M A P r ` % 7500 West 29th Avenue Wheat Ridge, Colorado • Telephone 303/ 237-6944 May 22, 1997 The City of -Wheat Ridge This is to inform you that Case No. WZ-97-7 which is a request for aonroval of a rezoningfrom Residential-Two and Commercial-One to Planned Commercial Development for property located at 9020 Wadsworth Boulevard will be heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P M.. on June S . X997 All 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 desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION __ • ~' "The Caznation City" s '` Public Storage Properties P.O. Box 25025 Glendale CA 91221 Berneice Major 2011 Quitman St. Denver, CO 80212 Mark/Judith Modglin 7891 Lewis Ct. Arvada, CO 80005 Darleen Jaidinger Louis Ficco Dorothy Smith/Lenor Hargis 4650 Webster St. 11315 W. 38th Avenue 2902 S. Sindley Court Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Denver, CO _„~' -" ~ - SENT TO: xl ~ rA.2i$ 1''IL m 11315 °~:. ,m ft~l0dt m~ Ir D- ~-R7 A~ '' PS FORM 3800 POSTAGE u'1 S rR _n m m .n ~- a POSTAGE RETURN SHGW ttrI RECEIPT - AoORESS< SERVILE CERIIFlED'. 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Addressee's Address;: _- _ _ ~, ~~ ,:<~ ,~l s~, ~~ .. .. _ (ONLY.if requested. and fee paid.) - . ure' Address8e""'~ 'Ag ,_i,.,:, ~ ~..` A38}~1y~,~u~ ss ,~~m~~ `' ~ ~ um-Receipt ~t t; RETURN SHOW TO WHOM, OATE ANO RESTRIOI RECEIPT hGGRESS OF GEWERY ~ OELIVERV GERIIFIEO FEE a RETURN RECEIPT SERVICE TOTAL POSTAGE ANO FEES ,grr1;/3uaitil Nbdglin 7891 Dais Ct. Azvada, ClJ 80005 ,, W2-97-7 PS FORM 3800 US Postal Service PosTAGE SENDER. ~ ` " ~ ,~ .- .~~ - - -~ -== (also wish to receive the . c~,lete dame T ardior z for addalenal services. following services (for an extra fee): RETURN sHovu To - ~ p,yd app, ,~ and address on the reverse of this fam so that we can return tNa card - AGGRESS - t. ^~ Addressee's Address . RECEIPT -~~Yoy, S_--, : ~- ~ ' cERrIF=_GI '~ At~ch min form to the from M the mailpece, or on Me back it space does not permit. 2, ^ Restricted Delivery ~ SERVICE T TAL Poi .The Refam Recelpl will shay tb whom the aNcle was delivered and the date delivered. o Consult postmaster for fee. u7 __ __ .. _.__ w -._ _... .. s SENT TO: -"o-IN 3. ArticieA dress. to f~„.,,,Nq:;~_ _ ~ .:.,_;~...: ,_:_ 4a. Article Number -- -;?v..hn"~ ,-~=/~T____~~....+~~}~-.mott _~:~. 'Y P 963 361 '__456 LwA/w GUiLt!/iCill,/L'11/y.Li(~' ..x - m ~~~ ~ ~~.°` 2902 S ~yr C'.Oltl"(:'. ~ - - , 4b. Service TYPe - 2902 S. s~ - L~atav~s, QQ -_ y ~T _< ~ .ma .Denver, C7~ [[~~ // ~~_++ p~ _- Srd..a~ ~,., ~ y` ~_ C RTIFIED~/O u' /'~ . T. V1f .r.++~, f fJ"I o07~3I 7. Date of ~~ rb' °' W.~' t iI X .o ~'- 8 Received By_(Pr7M Name) _ -" - -_ 8. Address 's dr '~ r ~ ~ '_~ ~ ~ ~ (ONLY if u P dJ PS FORM 3800 ll / j j I? - M. _ 8 , J , ua _ ss . .:_ ...~ ~: , _.. 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'- ,' ry _ RECEIPT CERIIFIEO FE •1WeclT~prm b the fionl of the mallpece, ar on the beck If spece'doea not permR 2` ~RBSiflCted Relive , I SERVICE a. ilr Return Receipt vAislaw pvman tna male xras aenverea end ina date delivered.;, Corisult postmaster for fee. rz _- Torn~POSUC f9 ~ .. 1 4a' Article NumbeL: ' ..am++=a.. ` ~ - ~ _ _ - N N ll ~.+~4~+2P'e*$59d/~.~ 'he. ~i*a+a =-•- =2 ~4sY ~r . s SENT TO: _ NpT ~ F - ~ P 9 6 3 _3 61 4 51 ra _ ,~~ ~ ry~+~,~ ~~a ~~ 4~ 4b Service TYPe ~~. ..:..... rn 2"''Ut'JZS.C ac'.i t~lS~ w ~~, Wt~(r+J - ~~ - P~.'Av. 'B.,o's-. _:,:) x .~, e F~ 9~2 .~+ € ~ CER_TIFIED _ i~G~7~7 5 Received By (Pant Name) > "" " "` °""' S sse _" - - - - M ~ ~, ,~, - .. . -. (- .~'{tie ° tad ,fee Paid.) PS FORM 3800 a Agent) "_`~ "'~"°"` - ~p ` X ~- L~f9~ZSt. - ' k s oRI~ 381~¢~ ~ Ja 3ary ~,~sr S € € 1€ ~. € ~i ~~ 1 tt i t)ompptl~a 1~~tLrt~,~ecel ~. '~3 t "4 ~.sa`»n'r~''~"C.u .` ~ ti r~'.J £;~~f-"°~Y '~ ;~}%~~`~S". '.f4 nw~..r SENDER, _" x:. ~~.m:. :~ ~_.. ~--:'. :- ~also'wi redei tithe°-- _ _ _-. a Complete Items 1 andlor 2 for eddltronsLservices ,- .. r A.- following serutces (for an extra fee): .~ POSTAGe • Print yrors name a Tess an ifie reverse of this form so that we~ thus card: t ^: Addressee's Address - RETURN ,. fo yoa,_ _ .~ ._~ ::.-_; .~ - '_ - SHOW TO WHOM apoRESS of pE • Attach this form p the front of the mallq~~or on the back'rf space does rat permR a , - 2. ^' Restneted Delivery ;. ~' RECEIPT ----~~--='rz-~>'~ - - ~ -consult postmaster fo} fee ' cERrIFlEO FEE + • The Return Receipt will show p whom the adale was delivered and the date delivered, SERVICE .- .:,- ........... . ..... .. rtt TOTAL POSTAGE 3 Article' Addressed to:" - " ~`"` 4a. Article Number ,,z ; +dm~-.~-~s~y¢,- v + ^: xr try -:-• r +. - - _ "..,~ ~ -.~,.al~--;-~ , r `- P ' 9 6 3=3 61~.. 4 5 2v - ~ SENT TO: ~" '"'~ '~ ~'~~~ S7`C~ ra7;... .. ..~ ~ ,~~ ^ .,'v k F. 4b_Service-TypA_- .J7 4' .'. m Darleen 3' t k~~r L'C1' ~, $OQ33 .~ ~~;_ ~ _CERTIFIED__.._ , 4650 t~i~bsstar ~ ?rdh@.8.t Rf~r "' ~~~- °" '~ f 7. Date of Delivery -- -----.- .- a _ "" " _" "'"°"'°" 8: Addressee's Addre s~~~ ^__ " kTML-37-7 S Received By (Pint Name) -- _ __ (ONLY if requested an BPS FORM 3800 gtgna ~(/A,//d~(d(//~/p~~/s~e~e~or~ ~j - ~ s ~ ~~~~~ M 3811, January tsss' Do s I Retu Receipt p ~ }~is~~~tt tt t ttti t ~ 41~t~ ,~ ~~tt~~t~ tt t~~ ~~ ~- ~~' i ..f Sr•+-it~~ - - --'y^-~- -' SENDER - - ~ .. ~ ~..~.. -_- ---° ~. _ - I also ~wlsh to receive the Il _ vosrncE • camietQrtena t s"drwz pr add'iw"a+serncea _. ~ -. ..:. folbwin9 ser`nees (tor an extra fee): I ~ R'1M yew name an0 address an the reverse M this farm so M8S we can return this card t ~_ Addressee 5 Address I RETURN SHOW To ~ . AOpFESe __p YW..__ _ RECEIPT GERTIFIEp ~k ,Attach this Corm p the front of the maiWiece, or on the back if space does not permit. 2. (] ReStrlcfed De11VerY _ S'cRVICE , ~ R~wn Receipt-v+ll'show to wham the article was deliveretl ant the d?te delivered. COnSUIi pOStmaster fOr fee. _ ffT roraL VOSTF ~ -- - ~ -'.,. - - - ~ IN Artx~e Addressed to: -` `'~ ~"'°""°'~ _ 4a. Article I~€umber " ~- SENT T0: " . p 963. 361. 453 _ ~. .,'. .~ 3R_2111Ck3 .P93.j ~ ~ 11 (,kii.titv~rt St. ~ 0~p212 ~sa~, ~ 4b. Service Type , ~- ,... - - . - m 2011 C7ui , •~i CJ /130212 ~ ~ ~ ~ ' lo( CERTIFIED m DettVer, CO ~ ;~ ~ ~ a Jc+. :n ~ - p- ~~ ~ ~ 7Z ~,, ,"„~ 7. Date of Delivery - a ~ ~ WZ-9~-7 "`-' ~ - - - 8. Addressee's Address -' „< ~ ..,. `' & Received By: (Print Name) -- - - -__r Y._ _, , _ _ _ . _, ~ _ - _ _ . (ONLY if requested and fee pafd) • PS FORM 3800 ~ tl _ - r - - r - ~~ ~ ~ 6. Signatu Addressee or Age ~_- ~-, -- ~. ~ - - " ~ ~ ~~ ' M,~ x tt r}4 r}' tii l l i '. i~ i i i i l~ i i ~h?eiiic FietylrntReceipt PS OR~ 811°`a a t .- - i S.I+r1 ,€++ ~i~ t c June 10, 1997 To_Whom It May Concern: Re: DOROTHY J. SNITH 1043 East Santa Anita Aoe Burbank, CA 91501 G~~Gc'~~NIC~DD J u ~u = 5 1997 Case No. WZ-97-7: Application by Louis Ficco to rezone from Residential- Two and Commercial-One to Planned Commercial Development and outline development for property located at 6225 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Statement: I approve of the Ficco development at the above location. Signed• ~ t. /~~±~ Dorothy Smith 7500_West 29th Avenue The City of Wheat Ridge, Colorado wheat _ Telephone 303/ 237-6944 Ridge ('nRRF TION LETTER July 15, 1997 This is to inform you that Case No. WZ-97-7 which is a request for annroval ova rezoning from Residential Two and Commercial-One to Planned Commercial Development for property located at 6225 West 48th Avenue will be heard by the Wheat Ridge CITYCOUNCII, in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.•00 P.M. on July 28.1997. _ All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the CITY COUNCIL. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. "~ It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" 7500 WEST 29TH AVENUE WHEAT RIDGE. CO 80215-6713 (303)234-5900 City Admin. Fax u 234-5924 April 2l, 1997 Louis J. Ficco 11315 West 38th Avenue Wheat Ridge, Colorado 80033 Deaz Lou: ,Police Dept. Fax ~ 235-2949 ~he City of ~1Vheat Ridge This letter is in regazd to your request for approval of a rezoning from Residential-Two and Commercial-one to Planned Commercial Development. I have reviewed your submittal and have concluded that the following must be added to the plat face or addressed otherwise: 1. A description of the general character of the development including architectural and site design concepts, 2. The maximum building height is indicated as 18'? Will this be tall enough? The maximum allowed building height must include mechanical equipment and architectural features. 3. Regarding the front setback of 30' from r-o-w, Staff will support this if the yard is completely landscaped except for driveway aeeas. It should be noted as such on the plan. 4. Ownership/unified control statement which indicates future ownership character (i.e., single ownership, condominium, etc.) and how unified control will be maintained throughout the development process 5. Existing contours at S' intervals 6. General indication of areas to be landscaped 7. Adjacent land use 8. Old Arvada Road should labeled 9. Case history box with the following case numbers: WZ-97-7 10. Any ditches on the property must be shown. 11. In regard to the allowed uses, if it is intended to allow outdoor storage, it should be indicated so only when screened from view 12. The scale of the drawing must be indicated (I" = 60'?) 13. The title of the plan a should be called "Lou-Mar Planned Commercial Development" 14. Development time schedule 15. Location of access and emergencey access points ~~ RECVCIED PAP"cR Attached are letters received from all responding City departments and outside agencies. All of their concerns must be addressed. Also, both of the owners of record must either be willing to attend the public hearings or provide written authorization for you to represent them. This case is scheduled for public hearing on June 5, 1997. I will need 15 copies of the revised plan sets no later than May 21, 1997. If you have any questions or need further information, do not hesitate to contact me at 235-2848. Sincerely, ~G~~ ~-- Meredith Reckert Senior Planner cc: -Case No. WZ-97-7 Lane Engineering Approved Date _ _ _ _ MEMORANDUM TO: Meredith Reckert, Senior Planner FROM: Greg Knudson, Development Review DATE: April 4, 1997 SUBJ: 6225 West 48th Avenue, WZ-97-7/Ficco The Public Works Department has reviewed the Planning Department referral dated April 1,. 1997, and has the following comments: 1. We will need all approved flood plain variance as it appears that a portion of the.p'roposed site will be within the 1D0, year floodplain in this area. 2. We will need a final-drainage study prepared by a Colorado registered professional civil engineer acid submitted. for. _ review and approval.: 3. We will need a completed Minor. Dumping/Landfill Permit, along with fees due, submitted for review and approval. Please be aware that in conjunction with this permit, and erosion. control plan may need to be submitted for review an approval. 4. Escrow will be required in .lieu of constructing the public improvements along the West 48th Avenue frontage. The amount due will be determined bx this department,-and will be due prior°to approval of a Temporary Certificate of Occupancy or _ _ Certificate of Occupancy. 5. We will need a plat o_f the proposed site for review and - approval. 6. The Traffic Department has reviewed the.,infgrmation provided, and has no comments at this time. cc: Glen Gidley, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffie Engineer John McGuire, City Surveyor File 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone 303/ 237-6944 Rldge ('ORRECTION LETTER July I5, 1997 This is to inform you that Case No. WZ-97-7 which is a request for annroval if a rezoning from .Residential Two and Commercial One to Planned Commercial Develaament for property located at 6225 West 98th Avenue will be heard by the Wheat Ridge CITYCOUNCIL in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 P.M.• on ~[X 28.7997. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the CITY COUNCIL. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desires to review any plans, please contact the Planning Division. _ Thank you. PLANNING DIVISION "The Carnation City" Public Storage Properties P.O. Box 25025 Glendale CA 91221 Darleen Jaidinger 4650 Webster St. Wheat Ridge, CO 80033 Berneice Major 2011 Quitman St. Denver, CO 80212 Louis Ficco 11315 W.38th Avenue Wheat Ridge, CO 80033 Mark/Judith Modglin 7891 Lewis Ct. Arvada, CO 80005 Dorothy Smith/Lenor Harris 2902 S. 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E ~ W ~ w < = v 'O $ o ~ a ~ y ~ ~ ~ ~ . . ~ O ~ c L ~ 1 ~ ww~ ¢ w w ~ ~ I d ~ f OB9 `C9E E96 --- .d' i ~ TO: Planning Commission DATE OF MEETING: June 5, 1997 DATE PREPARED,:,M~ay 29, 1997 CASE NO. & NAME: WZ-97-7lFicco CASE MANAGER:~Oleredith Reckert ACTION REQUESTED: Rezoning from Residential-Two and Commercial-One to Planned Commercial Development and outline development plan approval. LOCATION OF REQUEST: 6225 W. 48th Avenue NAME & ADDRESS OF APPLICANT(S): Louis J. Ficco '' 11315 W. 38th Avenue Wheat Ridge NAME & ADDRESS OF OWNER(S): Dorothy Smith and Lenore Harris 2902 S. Sidney Court Denver, 80231 APPROXIMATE AREA: 3.0 Acres PRESENT ZONING: Residential-Two and Commercial-One PRESENT LAND USE: Vacant SURROUNDING ZONING: N: R-2, C-1; S: C-2, A-1; E: PCD; W: C-2, C-1 SURROUNDING LAND USE: N: greenbelt, commercial, single family residential; S: I-70; E: ministorage facility; W: HAVC contractor COMPREHENSIVE PLAN FOR THE AREA: Multiple Use -------------------------------------- DATE PUBLISHED: May 16, 1997 DATE POSTED: May 22, 1997 DATED LEGAL NOTICES SENT: May 22, 1997 ------------------------------ _ ENTER INTO RECORD: _ (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE iJ SLIDES () SUBDIVISION REGULATIONS (X) EXHIBITS () OTHER IURISDICTION: 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 Page 2 Case No. WZ-97-7/Ficco I. REQUEST The applicant requests approval of a rezoning of property locate at 6225 West 48th Avenue from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan. II. OUTLINE DEVELOPMENT PLAN The applicant has submitted an outline development plan only at this time. Should this request be approved, a final development plan and plat will be required to be submitted and approved before any construction can commence on the property. The applicant has submitted an outline development plan which allows for anoffice/retail and ancillary storage and shop space. Uses allowed include C-1 and C-2 uses and some semi-industrial uses such as machine shops, custom fabrication and outdoor storage when screened from view. Typically in the C-2 zone district, horsepower limitations for manufacturing and light fabrication is 5 horsepower. The applicant believes this is too restrictive and has requested this limitation be increased to 15 hp and 35 hp for machine shops. Staff would note that in the first and third columns on the first page auto-related service is mentioned twice, one can be eliminated. Although adjacent businesses on the east and west are semi-industrial in nature, Staff is concerned for negative effects from some of these more intensive uses. Attached under Exhibit `A' are some suggested performance standards which could be incorporated into the allowed uses for protection of adjacent property owners. Staff has included a note requiring intensive buffer yards where adjacent to residential zoning or uses which would mitigate potential impacts to both an existing house to the northwest and the Clear Creek greenbelt to the north. A single access point from West 48th Avenue has been provided. Wheat Ridge Fire District is comfortable with fire access as shown. There is no direct access to O1d,Arvada Road. General development standards include maximum building coverage of 35% or 45,000 square feet, maximum building height of 22' and minimum landscaped coverage of 25%. Staff would recommend a note be placed on the plan disallowing billboards. Building facade will be masonry block or concrete. Staff recommends brick accent be used on those building elevations visible from adjacent streets. All requirements for outline development plan have been met. III. CRITERIA FOR EVALUATION In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and Planning Commission shall find: • Planning Division Staff Report Page 3 Case No. WZ-97-7/Ficco 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The land use designation is Multiple Use on Comprehensive Plan Future Land Use Map. Multiple use is defined as a mix of residential, office and/or retail commercial uses, and parks and open space, and public/semi-public uses, to be developed in a manner which insures compatibility between uses within multiple use azeas and adjacent uses, especially where adjacent to low density residential uses. Industrial uses are specifically prohibited. Within any area designed as a multiple use area on the Comprehensive Development Plan-Future Land Use map, site plan approval with any rezoning, fmal development plan, or special use permit shall be required. Planning Commission and City Council shall review such site plan and proposed uses with regard to the objectives stated in this Paragraph 3. Multiple Use Area. Authority is specifically reserved to Planning Commission and City Council to limit uses and to require additional design or development standards with a multiple use area so as to achieve the stated compatibility objectives. Staff concludes that although this is an application for a planned commercial development, many of the uses aze industrial in nature. Staff has attempted to mitigate potential negative impacts by requiring performance standards and buffering. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes a indoor storage facility with Planned Commercial Development zoning on the east and Commercial-Two zoning to the west with a mechanical contractor's office, storage yard and shop where light fabrication and assembly is performed. Abutting the property to the south is I-70. To the north is the Clear Creek greenbelt and to the northwest is a single family residence and small commercial building. Staff concludes that the proposed rezoning would be consistent with the semi- industrial uses on the east and west. To mitigate impacts to the adjacent residence and greenbelt, Staff has required a note regarding intensive buffering to be implemented at the time of final plan approval. Performance standards would address adjacency concerns as well. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There could be economic benefits derived based on increased sales and property tax. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can provide service to the property with upgrades at the developer's expense. • Planning Division Staff Report Page 4 Case No. WZ-97-7/Ficco 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The intersection of Harlan, 48th Avenue and the I-70 on and off ramps is currently hazardous and confusing. Development on this parcel will increase traffic somewhat on West 48th Avenue. Because of the sepazation of this site from the intersection (about 750'), our traffic division has not requested any information regarding traffic generation. There are already drainage issues in the immediate area. Although the developer of this parcel should not beheld responsible for the existing problem, the addition of more impervious area could exacerbate the situation. A drainage report will be required with the final development plan stage for the property. There could be a small reduction of light and air to adjacent properties. This should be minimal with the 22' height limitation. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property currently has split zoning with C-1 on the front (roughly 190' x 130' or 24,700 square feet). The remaining 2.43 acres is zoned Residential-Two. Based on proximity to the freeway and the fact that property to the east and west is semi-industrial in nature, Staff concludes that the property cannot be reasonably developed residentially with the current zoning. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there are other commercially zoned properties to the east and west. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. The City's Economic Development Coordinator has indicated that there is a market for this type of tenant space in Jefferson County. 1V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on March 13, 1997. Those attending included the following: Meredith Reckert (staff) Lou Ficco, Jr. (Applicant) Lou Ficco, Sr. (Applicant) Dazlene Jaidinger - 4650 Webster Street Howard Jaidinger - 6845 West 36th Place • Planning Division Staff Report Page 5 Case No. WZ-97-7/Ficco Jack Major - 6285 West 48th Avenue Jack C. Major - 6285 West 48th Avenue Concerns expressed included the following: -Problems with drainage in the area which may get worse because of the increase in impervious area. The construction of I-70 created a "dam" forcing water north towards Clear Creek. When there are heavy rains, the water moves too fast to go' into'the storm sewer. -A concern for the existing single family home getting inundated by storm water and losing privacy because of the grade change between the property and an existing residence which is lower in elevation. The owners of the adjacent property indicated that they would not like any outside storage behind the north building. -What type of businesses would be allowed? Would there be businesses which have impacts such as vibration, noise? -What would the buildings look like? V. AGENCY REFERRALS All agencies can provided service to the property with certain improvements. Wheat Ridge Water District will require a major line extension plus the installation of hydrants. Wheat Ridge Fire Protection District can serve. Wheat Ridge Sanitation District will require a line extension at the developer's expense. Public Works will require a drainage report and a fill permit. They have requested a copy of the title commitment and asked for verification of ownership on the parcel located between this one and Old Arvada Road. Escrow will be required in lieu of construction of public improvements along West 48th Avenue. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that although the proposal is semi-industrial in nature, it is not inconsistent with adjacent land use and zoning on the east and west. Staff has attempted to mitigate some of the negative impacts on adjacent development by the requirements for buffering and with suggested performance standards. Since the property cannot be reasonably developed under the current zoning, a recommendation of approval is given with the following conditions: • Planning Division Staff Report Case No. WZ-97-7/Ficco Page 6 1. That performance standards attached as Exhibit `A' be included under the list of allowed uses. 2. A note disallowing billboards be put on the plan. 3. Brick accent be used on those building elevation visible from adjacent streets. 4. On the first page, auto related businesses (left-hand column) should be eliminated. VI. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be Approved for the following reasons: 1. Although some of the uses are semi-industrial in nature, the proposal is consistent with adjacent zoning and development., 2. The property cannot be reasonably developed under current zoning. With the following conditions: 1. That performance standards attached as Exhibit `A' be included under the list of allowed uses." Option B: "I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be Denied for the following reasons: 1. 2. 3. Planning Commission Minutes June 5, 1997 Page 2 5. APPROVAL OF MINUTES A motion was made by Commissioner RASPLICKA, second by Commissioner SNOW to approve the Minutes of May 28, 1997. Motion passed 7-0. 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.) There was no one present to speak. 7. PUBLIC HEARING A. Case No. WZ-97-7: An application by Louis Ficco on behalf of Dorothy Smith and Lenore Harris to rezone from Residential-Two and Commercial- One to Planned Commercial Development and outline development plan for properly located at 6225 W. 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert presented an overview of the case and submitted into the record slides, comprehensive plan, exhibits, staff report and other related materials. All required notifications have been met. She stated that Staff is somewhat concerned about some of the more intensive uses that are being proposed with regazd to the residential property located to the north. She also said that a note is to be placed on the plan disallowing any billboazds on the property and further that brick accents on sides visible to the streets will also be added.. She said that the Economic Development Coordinator stated that there is need for this type of tenant space in Jefferson Ccunty and that spot zoning is not an issue. On Mazch 13, 1997, a neighborhood meeting was held and the concerns expressed regazding drainage aze being addressed in addition to outside storage. Escrow will be required for the public improvements that are necessary. This application has been recommended for approval. Chairperson WILLIAMS swore in Louis Ficco, 11315 W. 38th Avenue. Mr. Ficco elaborated on the surrounding area pointing out that the property would not be appropriate for residential use especially with the highway proximity, public storage to the east, and the industrial operations to the west. He stated that there is one house which is approximateiy 100 feet from the proposed building in addition to a 25 foot drop off from the future business and did not feel that noise would be a problem. He fiirther stated that he understood that the City of Wheat Ridge is interested in purchasing the house including surrounding properties to create a pazk. He said that the fence would not exceed six feet. Those who need outside storage, will not be permitted to exceed the fence height or store in any area visible to the public. He felt that the horsepower restrictions should be reviewed. The five HP limit is antiquated especially considering new technologies. New motors are closer to 35, 40 or 50 HP and run extremely quiet. He would not - _. _ _ i ;y • ~'' " Planning Commission Minutes June 5, 1997 Page 3 anticipate excessive noise from a new 35 I-iP motor as opposed to what was the case with older 5 HP models. Discussion was held regarding semi-trucks, fill to be used, flood plain concerns, reluctance of having a tire recapping business, landscaping, loading zones, general traffic, noise, zoning, horsepower limits, time limited semi parking, outside storage, type of businesses allowed, and effort to save as many trees as possible. A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, "I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be APPROVED for the following reasons: 1. It is within the City of Wheat Ridge, posting notifications have been met. 2. Although some of the uses are semi-industrial in nature, the proposal is consistent with adjoining zoning and development. 3. The property cannot be reasonably developed under current zoning. 4. All responding agencies can service the facility. With the following conditions: That performance standards as "Exhibit A" be included under the list of allowed uses. 2. A note disallowing billboazds be placed on the plan. 3. If feasible and subject to approval of the Final Development Plan, brick accent be used on those building elevations visible from adjoining streets. 4. Outside storage can be allowed on the northern most building provided that it is not accessible by vehicles and will be reviewed at the time of the submittal of the Final Development Plan. 5. Mature trees to be preserved as practical. 6. No above ground loading docks be shown on the Final Development Plan. 7. In the list of uses, tine capping be eliminated. 8. That the plan provide noise standards that aze acceptable per State standards. 9. Repair or maintenance of semi-trucks be eliminated. 10. Regulaz parking or storage of semi's outside the premise will not be allowed." on carried 8-0. g, Case No WZ-97-5: An application by Pacifica Holding Company LLC to rezone from Commercial-One to Panned Commercial Development, outline CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: July 28, 1997 DATE PREPARED: July 15, 1997 CASE NO. & NAME: WZ-97-7/Ficco CASE MANAGER. Meredith Reckert ACTION REQUESTED: Rezoning from Residential-Two and Commercial-One to Planned Commercial Development and outline development plan approval. LOCATION OF REQUEST: 6225 W. 48th Avenue NAME Z;< ADDRESS OF APPLICANT(S): 11315 W F38th Avenue Wheat Ridge NAME & ADDRESS OF OWNER(S): Dorothy Smith and Lenore Harris _ 2902 S. Sidney Court Denver, 80231 APPROXIMATE AREA: 3.0 Acres PRESENT ZONING: Residential-Two and Commercial-One PRESENT LAND USE: Vacant SURROUNDING ZONING: N: R-2, C-1; S: C-2, A-1; E: PCD; W: C-2, C-1 SURROUNDING LAND USE: N: greenbelt, commercial, single family residential; S: I-70; E: mini-storage facility; W: HAVC contractor COMPREHENSIVE PLAN FOR THE AREA: Multiple Use DATE PUBLISHED: July 11, 1997 DATE POSTED: July 14, 1997 DATED LEGAL NOTICES SENT: July 14, 1997 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE () () SUBDIVISION REGULATIONS (X) () OTHER CASE FILE & PACKET MATERIALS SLIDES EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and afl notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff ort ~ Page 4 Case No. WZ-97-7/Ficc~ I. REQUEST The applicant requests approval of a rezoning of property locate at 6225 West 48th Avenue from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan. II. OUTLINE DEVELOPMENT PLAN The applicant has submitted an outline development plan only at this time. Should this request be approved, a final development plan and plat will be required to be submitted and approved before any construction can commence on the property. The applicant has submitted an outline development plan which allows for anoffice/retail and ancillary storage and shop space. Uses allowed include C-1 and C-2 uses and some semi-industrial uses such as machine shops, custom fabrication and outdoor storage when screened from view. Typically in the C-2 zone district, horsepower limitations for manufacturing and light fabrication is 5 horsepower. The applicant believes this is too restrictive and has requested this limitation be increased to 15 hp and 35 hp for machine shops. Staff would note that in the first and third columns on the first page auto-related service is mentioned twice, one can be eliminated. Although adjacent businesses on the east and west are semi-industrial in nature, Staff is concerned for negative effects from some of these more intensive uses. As such performance standards were incorporated into the allowed uses for protection of adjacent property owners as recorrunended by the Planning Commission. Staff has included a note requiring intensive buffer yards where adjacent to residential zoning or uses which would mitigate potential impacts to both an existing house to the northwest and the Clear Creek greenbelt to the north. A single access point from West 48th Avenue has been provided. Wheat Ridge Fire District is comfortable with fire access as shown. There is no direct access to Old Arvada Road. General development standards include maximum building coverage of 35% or 45,000 square feet, maximum building height of 22' and minimum landscaped coverage of 25%. A note was placed on the plan disallowing billboazds. Building facade will be masonry block or concrete. Staff recommends brick accent be used on those building elevations visible from adjacent streets. All requirements for outline development plan have been met. III. CRITERIA FOR EVALUATION In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and Planning Commission shall find: 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The land use designation is Multiple Use on Comprehensive Plan Future Land Use Map. Multiple use is defined as, "a mix of residential, office and/or retail commercial uses, and parks and open space, and public/semi-public uses, to be developed in a manner which insures compatibility between uses within multiple use azeas and adjacent uses, especially where adjacent to low density residential uses. Industrial uses are specifically prohibited. Within any azea Planning Division Staff ~ort ~ Page 5 Case No. WZ-97-7/Ficc designed as a multiple use area on the Comprehensive Development Plan-Future Land Use map, site plan approval with any rezoning, final development plan, or special use permit shall be required. Planning Commission and City Council shall review such site plan and proposed uses with regard to the objectives stated in this Paragraph 3. Multiple Use Area. Authority is specifically reserved to Planning Commission and City Council to limit uses and to require additional design or development standazds with a multiple use area so as to achieve the stated compatibility objectives." Staff concludes that although this is an application for a planned commercial development, many of the uses aze industrial in nature. Staff has attempted to mitigate potential negative impacts by requiring performance standazds and buffering. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes a indoor storage facility with Planned Commercial Development zoning on the east and Commercial-Two zoning to the west with a mechanical contractor's office, storage yard and shop where light fabrication and assembly are performed. Abutting the property to the south is I-70. To the north is the Clear Creek greenbelt and to the northwest is a single family residence and small commercial building. Staff concludes that the proposed rezoning would be consistent with the semi-industrial uses on the east and west. To mitigate impacts to the adjacent residence and greenbelt, Staff has required a note regarding intensive buffering to be implemented at the time of final plan approval. Performance standards would address adjacency concerns as well. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There could be economic benefits derived based on increased sales and property tax. 4. That adequate infrastructure/facilities are available to serve the type, of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can provide service to the property with upgrades at the developer's expense. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The intersection of Hazlan, 48th Avenue and the I-70 on and off ramps is currently hazardous and confusing. Development on this pazcel will increase traffic somewhat on West 48th Avenue. Because of the sepazation of this site from the intersection (about 750'), our traffic division has not requested any information regazding traffic generation. There are already drainage issues in the immediate azea. Although the developer of this parcel should not be held responsible for the existing problem, the addition of more impervious azea could exacerbate the situation. A drainage report will be required with the final development plan stage for the property. There could be a small reduction of light and air to adjacent properties. This should be minimal with the 22' height limitation. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property currently has split zoning with C-1 on the front (roughly 190' x 130' or 24,700 square feet). The Planning Division Staff rt ~ Page 6 Case No. WZ-97-7/Ficc~ remaining 2.43 acres is zoned Residential-Two. Based on proximity to the freeway and the fact that property to the east and west is semi-industrial in nature, Staff concludes that the property cannot be reasonably developed residentially with the current zoning. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there aze other commercially zoned properties to the east and west. 8. That there is a void in an area or community need that the change of zone will fil[ by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. The City's Economic Development Coordinator has indicated that there is a mazket for this type of tenant space in Jefferson County. IV. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on Mazch 13, 1997. Those attending included the following: Meredith Reckert (staff) Lou Ficco, Jr. (Applicant) Lou Ficco, Sr. (Applicant) Dazlene Jaidinger - 4650 Webster Street Howard Jaidinger - 6845 West 36th Place lack Major - 6285 West 48th Avenue Jack C. Major - 6285 West 48th Avenue Concerns expressed included the following: -Problems with drainage in the azea which may get worse because of the increase in impervious azea. The construction of I-70 created a "dam" forcing water north towards Clear Creek. When there aze heavy rains, the water moves too fast to go into the storm sewer. -A concern for the existing single family home getting inundated by storm water and losing privacy because of the grade change between the property and an existing residence which is lower in elevation. The owners of the adjacent property indicated that they would not like any outside storage behind the north building. -What type of businesses would be allowed? Would there be businesses which have impacts such as vibration, noise? -What would the buildings look like? V. AGENCY REFERRALS All agencies can provided service to the property with certain improvements. Planning Division Staff ~prt • Page 7 Case No. WZ-97-7/Ficcd~ Wheat Ridge Water District will require a major line extension plus the installation of hydrants. Wheat Ridge Fire Protection District can serve. Wheat Ridge Sanitation District will require a line extension at the developer's expense. Public Works will require a drainage report and a fill permit. They have requested a copy of the title commitment and asked for verification of ownership on the pazcel located between this one and Old Arvada Road. Escrow will be required in lieu of construction of public improvements along West 48th Avenue. VI. PLANNING COMMISSION ACTION Plamiing Commission reviewed this case at a public hearing on June 5, 1997. A recommendation of approval was given for the following reasons: I. It is within the City of Wheat Ridge, posting notification have been met. 2. Although some of the uses are semi-industrial in nature, the proposal is consistent with adjoining zoning and development. 3. The property cannot be reasonably developed under current zoning. 4. All responding agencies can service the facility. With the following conditions I. That performance standards as "Exhibit A" be included under the list of allowed uses. 2. A note disallowing billboards be placed on the plan. 3. If feasible and subject to approval of the Final Development Plan, brick accent be used on those building elevations visible from adjoining streets. 4. Outside storage can be allowed on the northern most building provided that it is not accessible by vehicles and will be reviewed at the time of the submittal of the Final Development Plan. 5. Mature trees to be preserved as practical. 6. No above ground loading docks be shown on the Final Development Plan. 7. In the list of uses, tire capping be eliminated. 8. That the plan provide noise standards that are acceptable per State standards. 9. Repair or maintenance of semi-trucks be eliminated. 10. Regular parking or storage of semi's outside the premise will not be allowed." All of the conditions of approval by the Planning Commission have been incorporated into the outline plan. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that although the proposal is semi-industrial in nature, it is not inconsistent with adjacent land use and zoning on the east and west. Staff has attempted to mitigate some of the negative impacts on adjacent development by the requirements for buffering and with suggested performance standards. Since the property camiot be reasonably developed under the current zoning, a recommendation of approval is given with the following condition: On the first page, auto related businesses aze listed twice and should be consolidated to avoid Planning Division Staff rt Case No. WZ-97-7/Ficc redundancy. VI. RECOMMENDED MOTIONS . Page 8 Option A: "I move that Council Bill No. , a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be Approved for the following reasons: 1. Although some of the uses aze semi-industrial in nature, the proposal is consistent with adjacent zoning and development., 2. The property cannot be reasonably developed under current zoning. 3. Planning Commission recommends approval. With the following conditions: 1. On the first page, auto related businesses are listed twice and should be consolidated to avoid redundancy." Option B: "I move that Council Bill No. , a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be Denied for the following reasons: 1. 2. 3. ." Planning Commission Minutes June 5, 1997 Page 2 5. APPROVAL OF MINUTES A motion was made by Commissioner RASPLICKA, second by Commissioner SNOW to approve the Minutes of May 28, 1997. Motion passed 7-0. 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.) There was no one present to speak. 7. PUBLIC HEARING A. Case No WZ-97-7: An application by Louis Ficco on behalf of Dorothy Smith and Lenore Harris to rezone from Residential-Two and Commercia[- One to Planned Commercial Development and outline development plan for property located at 6225 W. 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert presented an overview of the case and submitted into the record slides, _, comprehensive plan, exhibits, staff report and other related materials. All required notifications have been met. She stated that Staff is somewhat concerned about some of the more intensive uses that are being proposed with regard to the residential property located to the north. She also said that a note is to be placed on the plan disallowing any billboards on the property and further that brick accents on sides visible to the streets will also be added.. She said that the Economic Development Coordinator stated that there is need for this type of tenant space in Jefferson County and that spot zoning is not an issue. On Mazch 13, 1997, a neighborhood meeting was held and the concerns expressed regarding drainage aze being addressed in addition to outside storage. Escrow will be required for the public improvements that aze necessary. This application has been recommended for approval. Chairperson WILLIAMS swore in Louis Ficco, 11315 W. 38th Avenue. Mr. Ficco elaborated on the surrounding azea pointing out that the property would not be appropriate for residential use especially with the highway proximity, public storage to the east, and the industrial operations to the west. He stated that there is one house which is approximately 100 feet from the proposed building in addition to a 25 foot drop off from the future business and did not feel that noise would be a problem. He further stated that he understood that the City of Wheat Ridge is interested in purchasing the house including surrounding properties to create a pazk. He said that the fence would not exceed six feet. Those who need outside storage, will not be permitted to exceed the fence height or store in any area visible to the public. He felt that the horsepower restrictions should be reviewed. The five HP limit is antiquated especially considering new technologies. New motors are closer to 35, 40 or 50 HP and run extremely quiet. He would not Planning Commission Minutes June 5, 1997 Page 3 anticipate excessive noise from a new 35 HP motor as opposed to what was the case with older 5 HP models. Discussion was held regarding semi-trucks, fill to be used, flood_plain concerns, reluctance of having a fire recapping business, landscaping, loading zones, general traffic, noise, zoning, horsepower limits, time limited semi pazking, outside storage, type of businesses allowed, and effort to save as many trees as possible. A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, "I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be APPROVED for the following reasons: 1. It is within the City of Wheat Ridge, posting notifications have been met. 2_ Although some of the uses aze semi-industrial in nature, the proposal is consistent with adjoining zoning and development. 3 The property cannot be reasonably developed under current zoning. 4. All responding agencies can service the facility. With the following conditions: 1, That performance standards as "Exhibit A" be included under the list of allowed uses. 2. A note disallowing billboards be placed on the plan. 3, If feasible and subject to approval of the Firial Development Plan, brick accent be used on those building elevations visible from adjoining streets. 4 nOot a ccessible byavnelticles and will be reviewed at the t metof the submittal of tthe Final Development Plan. 5, Mature trees to be preserved as practical. 6, No above ground loading docks be shown on the Final Development Plan. 7. In the list of uses, fire capping be eliminated. g. That the plan provide noise standards that are acceptable per State standazds. 9. Repair or maintenance of semi-trucks be eliminated. 10. Regular pazking or storage of semi's outside the premise will not be allowed." Motion carried 8-0. S. ('ase No WZ-97-5: An application by Pacifica Holding Company LLC to rezone from Commercial-One to Planned Commercial Development, outline j ~..~ ~- ~' ~' .'.'1. .' L . ~': 1 .'7 .~ ~ ll L r 1 Z i ~~ S - W OFFI GI f~L :--.; IOO-Y~R ~~oo SIN ZON i NG MAP `---' (APPROXIMATE LOCATIOW /~ -(' /~ - ZON£ OISTRIGT gOUhIDRY W~~ A I ~ I D V~ - PMCEL/LOT BOUNDRY (DE516NATE5 OI-A7t325HIP1 COLORf~DO --:=GtTY Llh-T ~~ MAP ADOPTED .Gnc I5. l994 - - - -WATER FEh7FJKE Last Raition: Janiary 9, 1995 • DENOF~S F~Y~PLE ADDRESSE'S "f p8'FR/T87f OF PL/tM5 NO DE~80R81f - ~~ L: 1pf1AHING5IPLANNING\(IS\SW f 3 S W ~ ./ O HQ 5~ I•.400 AGENDA ITEM RECAP QUASI-JUDICIAL -Yes No PUBLIC HEARINGS ~ _ CITY ADM. MATTERS , FROG./CEREMONIES _ CITY ATTY. MATTERS ,- BIDS/MOTIONS _ LIQUOR HEARINGS _ INFORMATION ONLY _ PUBLIC COMMENT AGENDA ITEM TITLE: WZ-97-7/Ficco _ ELEC. OFFICIALS MATTERS _ ORDINANCES FOR 1ST READDdG _ ORDINANCES FOR 2ND READING RESOLUTIONS SUMMARY/RECOMMENDATION: Rezoning from Residential-Two and Commercial-One to Planned Commercial Development and outline development plan approval. __ ATTACHMENTS: _ . BUDGETED- a 1) Staff Report ITEM Z) Yes No 3) Fund DepdAcct# Budgeted Amount ~_ Requested Expend.~_ Requires Transfer/ ^ Supp. Appropriation Yes No _. __ - - RECOMMENDED MOTIONS: - ~ "I move that•Council Bill No. , a request for approval of a rezoning' from Residential-Two and Commercial- One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be Approved for the following reasons: 1. Although some of the uses are semi-industrial in nature, the proposal is consistent with adjacent zoning and development., 2. The property cannot be reasonably developed under current zoning. 3. Planning Commission recommends approval. With the following conditions: 1. On the first page, auto related businesses are listed twice and should be consolidated to avoid redundancy."' _ _ _ i i I I r I SHEET 101' 2 i i n~- ALLOWED USES INCLUDE GENERAL BUSINESS, OFFICE,SERVICE AND RETAIL BUSINESS MACHINE OR COMPUTER STORES. SALES INCLUDING THE FLOWING C-I AND C-2 USES: CAMERA AND PHOTOGRAPHIC SERVICE AND SUPPLY STORES. AUTO SERVICE AND REPAIR AND MAINTEN!?fCE SHOPS, INCLUDING TIRE T XC UD1NG RECAPPING) MUF~~ R SHOPS, DETAIL SHOPS, CANDY. NUT AND CONFECTIONERY STORES. SALES LBU E L ~.E TUNE-UP SHOPS. ENGINE REPAIR. TRANS~t;SSION REPAIR. ALIGNMENT SERVICES, CAR WASHES, UPHOLSTERY SHf~PS, RAOIATQR REPAIR SHOPS. CATERERS. RI ATION SERVICES AND SOUND SYSTF"~~~ SHOPS. IT IS THE INTENT TO LUB C EXCLUDE BODY WORK OR PAINTING, AND i0 EXCLUDE ANY SUCH USE DAIRY PRODUCTS STORES. PRIMARILY FOR SERVICE, REPAIR OR MA!",iTENANCE Tp TRUCK TRACTORS OR ~I ~ SEMI-TRAILERS. BODY REPAIR AND PAINING MAY BE'ALLOWED AS A DELICATESSENS. ~ CONflITIONAL USE. f DEPARTMENT OR VARIETY STORES. BANKS, LOAN AND FINANCE OFFICES. DRUG STORES. COMMERCIAL MACHINE SHOPS. DRY GOODS STORES. MEDICAL AND DENTAL OFFICES. CLINICS OR LABORATQRIES. .l - ELECTRICAL SUPPLIES ~4ND SERVICE. MORTUARIES AND CREMATORIES, FLORAL SHOPS. { OFFICES; GENERAL BUSINESS OR PROFESSIONAL OFFICES. i FURNITURE STORES. ~ PRIVATE CLUBS, SOCIAL CLUBS. BINGO PARLORS AND'OTHER SIMILAR USES. GARDEN SUPPLIES STOR~~:S. 1 I SCHOOLS. PUBLIC. PAROCHIAL AND PRIVATE (INCLUD4NG PRIVATE. GIFT, NOVELTY OR SOUJENIR STORES. i VOCATIONAL TRADE OR PROFESSIONAL SCF(~OLS). COL~.EGES. I PRE-SCHOOLS. AND DAY NUR RTES {<NCLUDING THOSE HARDWARE STORES. UNIVER5 TIES. SE ' USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES). HOBBY AND CRAFT ST4R~.S. i SERVICE ESTABLISHMENTS A5 L15TED BE$,~W: HOME FURNISHfNG STORES. tr~ V S NOME IMPROVEMENTS SUPPLY STORES. AMBULANCE SER ICE 1 I BLUEPRINTING, PHOTOSTATIC COPYING. ANp OTHER SIMILAR JEWELRY STORES. REPRODUCTION SERVICES; HOWEVER, NOT INCLUDING LARGE PRINTING, PUBLISHING AND/OR BO~~,~ BINDING ESTABLISHMENTS. LEATHERGOODS AND LUG~~AGE STORES. LIQUOR STORES (SALE 3Y PACKAGE). EXTERMINATORS i HAIR. NAIL AND EXTERMINATORS LINEN SUPPLY. i iNTERfOR DECORATING SHOPS LOCKSMITH SHOPS. AUND E MEAT. POULTRY AND SE.~FOOD SHOPS. R I S AND DRY CLEANING CSH~'~~S) L { ~ MOTORCYCLE SALES AND SERV 1 CE . LOCKSMITH SO=PS y-- - - MUSIC STORES. SHOE REPAIR [SHOPS9 I K r IN ARTS NEWSSTANDS {FOR THE TALE OF NEWSPAPERS, MAGAZINES, E1 i STUDIO FOR PROFESSIONAL WOR C TEACHING Or F E PHOTOGRAPHY, MUSIC. DRAMA OR D~'~>~~CE. i NOTIONS STORES. ~ TAILORING, DRESSMAKING OR CLOT~~ING ALTERAT}!_ON SHOPS. ~ OFFICE SUPPLY (STOREi). UPHOLSTERY SHOPS. OPTICAL STORES. I I WATCH AND JEWELRY REPAIR SHOPS. i PAINT AND WALL PAPER STORES. A ANIMAL VETERINARY HOSPITALS OF CLINICS WHERE THERE ARE NO SM LL P T R FRAMIN ( HO' ) OUTSIDE PENS OR RUNS FOR DOGS. 1C U E G S S PLUMBING AND HEATING SUPPLY STORES AND SHOPS. STORES FOR RETAIL TRADE AS LISTED BELOW: ANTIQUE STORES SHOE STORES. S O I G00 APPAREL AND ACCESSORY STORESr STATIONARY STORES. j APPLIANCE STORES AND INCIDENTAL SERVICE A M REPAIR 5 ~ TELEVfSiON, RADIO. SHALL APPLIANCE REPAIR AND SERVICE ART GALLERIES OR STUDIO (SHOPS(. AUTOMOTfVE PARTS AND SUPPLIES a,ALES. TO$ACCO STORES. i I BAKERIES, RETAIL. ~i ~ TOY STORES. - (CYCLE STORES. B ~i V1DE4 RENTALS. 4 I BOOK STORES AND NEWSSTANDS. E ~ l BUTCHER SHOPS ANfl FOOD LOCKERS,. BUT NOT IN~LUDiNG FOOD J_ ~ PROCESSING. I i i I j I t i i VICINITY MAP . ~ I R B . _ _ r, I t` ~ ~ • ~ ' 1~; r _ -•t i I =r r-.,,. j' 'fir n Si E west 1 lw / / 48'trl ✓ ( E ~a ~.s Set. ~.j I St or . 14A a e CASE HISTORY SCALE 1 500' PREPARED 8Y: LANE ENCNEERiNG SERVICE. INC. REVISED 5/20/1997 9500 WEST 14TH AVENUE. LAKEWOOD, CO 80215 PREPARED 3/31/1997 'h~ TEL: (303) 233-4042 FAX: (303) 233-0796 UY Z - 9 7 - 7 PROJECT F48-23 SHEET I OF 2 1 ~EVEL~PMENT ~A~ Y OF WNEAT R DGE SHEET 2OF 2 DESCRIPTION: :--r_ P.LAL~.~II~G C ,~tSSION ~~ftTIFICAiE: THAT PART OF THE ~~OUTH HALF OF THE SOUTHWEST ONE-GUAR T ONE-QUARTER QF THIS 15 TO CERTIFY THE WITHIN PLAN/PLAT. CASE NQ. WZ-97-7 HAS SECTION 13. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6T ~ EAST OF THE EASTERLY LINE OF LAVETA AVENUE AND SOUTH THE SOUTHERLY LINT OF BLOCK 19. BERKELEY HEIGHTS SEGO D° \ y P K I I 1 7 ~ EXCE T BLOC S 2 6. AND A TEN ACRE TRACT HERETO 5 CONVEYED TO BELLE BUSH BY DEED IN BOOK I!7 AT PAGE 47 t i ~ BEING MORE PARTICJLARLY DESCRIBED AS FOLLOWS: f 89° 13 ' OO' W y y BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION t3. Q4.OOV y y y y y WEST OF THE SOUTH''OUARTER CORNER OF SAID SECTION 13: 1. i SCALE I'-5O' y ~ y y 650.5 FEET; THENCE S.53°47'W.. 123.5 FEET; THENCE N. FEET; THENCE 5.45"38'W., 140.3 FEET; THENCE S.3O°03'w ~ FEET; THENCE S .09`28'E. , 109.6 FEET; THENCE S ~ I S° S I 'E O 25 5O 75 q y _ - TH N AST 185 F T • TH NCE SOUTH 59 FEET TO THE SC . q E CE E [E E 2 ~ q ~ ~a~oscapEa aRE SAID SECT 14N E 3 ; 'HENCE EAST ALONG SA I D SECT i ON L I NE 4 L y fTYPICALI y P Th ~ ~ Q~ THE POINT OF BEGINNING. EXCEPT ANY ORTION LYING WI ~ ~ ~ I AVENUE, CITY OF WBEAT RIDGE. JEFFERSON COUNTY. COLORp ~ t y . y y r B ILDING PAD y ~ G y y ~ ~ I y «s ~ ~ ~ I I OWNERS ACKNOWLEDGEMENT: ~ ~ ~ ~ ~ -x- THE BELOW-SIGNED OWNER { S l OR LEGALLY DESIGNATED AGENT ~ DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED c~ DEVELOPED AS A PL>~NNED DEVELOPMENT IN ACCORDANCE WITI- ~ o' RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, ~ \ o ~ ~ ANITA Y SEWER EAS~~ENT PARKING AND DRIVES OTHERWISE BE REOU''RED BY LAW. I (WE1 FURTHER RECOGNIZ s }r~ w, OOK 6?6 PAGE 69 APPROVAL OF REZON'NG TO PLANNED DEVELOPMENT. AND APPR 1 _ _ _ _ _ _ _ OUTLINE DEVELOPMENT PLAN DOES NOT CREATE A VESTED PRC ~ ~ L _ i ~ i ~ ~ _ VESTED PROPERTY RGHTS MAY ONLY ARISE AND ACCRUE PURS ~ -~31CC~----- P I ~ 0 OF LAWS . ~ ~ _ ROVIS ON5 OF SEC~~ION 26-6fG) OF THE C DE ~ d - - - ~ in ~1 ~ I I d~ ~ ~ ~ N ~ OWNERS AGENT: ~ ° o w ~ ~ i ~ 1 ~ ! ~ \ m ~ ~ BUILDING pAD } i i I ~ _ A. A G ~ ~ i , ~p Lau I s J . F i cc0 ~ V ~ I I~ 1,~ O ~ L} c , Y r _ _ _ . _ . ; ~ o NOTARY: t- _ ~ ~ 1 ~ o o~ ' . 't ~ I a ~ _ ~ _ , COUNTY OF JEFFERSON 7 ` ' ° - S.IS SI~OO'E.` 38.00' z STATE OF COLORADO 1 ~ ~ ~ !y `h~ ~ ~ ,i I THE FORGOING INSTRUMENT WAS EXECUTED BEFORE ME THIS w { 99~. BY LOU f S J . F I CCO . ~ ~ > ~ - 1 ~ ~ 9O° OO' OO"E 185.00' I ~ I I r 1, ° MY COMMISSION EXPIRES: ~ 1 ~ a s ~ z 1 ..__-~'~'~SEE D~TAiL A I Q ' ~ E ~ 1 ~ c z " NOTARY PUBLIC i:! i 1 ' Y ~ 1 a, ~ o ~ _ ADDRESS ~ ~ C p ~ I I ~ I o { I N i A;~ ~ ~ i ~y r. 3 ~ ~ ~ ~ o y i O ~ ~ NaTES: ~ ~ a ~ I { X ~ UM F ° y MA ,M LO ~ ~ o ~ ° ~ it 2.8b~1 S 3 ~ t V~ y \ \ \ j 2. MAXIMUM BUI ACCESS PO I N ~ ~ ~ _ _.y _ y 2 2 FEE T ~ i' \ \ ! y y y ~ 3. MINIMUM LAN ~ ~ ~ I S ~ ~ ~ NOT LESS ~ 86 4'26`E f36.2 0 \ ~ I `a-~ ~ ..u~.;! 4. M I N 1 MUM P E R ~ ~XC`E1' T ~N F OR~ - u, WEST 48TH AVENUE FROM R I GH Yom`,. ; 4 LANDSCAPE i 13fi.O0' ~ SOUTH LINE SW I/ SECTION 13--~ L__ _ _ _ _ _ i _ ~ _ ~ _ _ ~ _ _ _ _ SIDES: 10 N 90°00'OO"E 786.40' REAR: SOUTH 1 /4 ~~.ORNER 25 ~ ~ SECT I CN 13 ~ i 5. INTENSIVE B AT THE TIME OF Ali ~ ~ WHERE THERE I S ! OR DEVELOPMENT O t~ ~ ~ 6. THE BASIS F t ~ PORTION OF THI 'tee _ S ~2' THAT THE SOUTH 1. BEARS N.90°OO' v''~ ~ ~ ' ~J BEARINGS ROTAT 00° OO' 17' SUET ' ~ ~ BEARINGS AND A ~ q ~ ` 0.09 BEAR ! NGS . 1 ~ ran Pa~T n~ 100 YEAR FLOOD YEAR FLOOD PLAIN. THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY fl CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN. COLORADO. ON THE DAY OF . 199_ , AT O'CLOCK M. li BY: JEFFERSON COUNTY CLERK DEPUTY CLERK DETAIL A AND RECORDER (N.T.S.~ CASE HISTORY PREPARED 8Y: LANE ENGINEERING SERVICE. INC. REVISED 5/20/1997 9500 WEST 14TH AVENUE. LAKEWOOD, CO 80215 TEL: (303) 233-4042 FAX: (303) 233-0796 W Z- 9 7 7 PREPARED 3/31/1997 PROJECT F48-23 SHEET 2 OF 2 f i i ,L PET ~ ~ i ~ r~~~~~~ ~ ~ A ''r1 i ' ~ ' N, ~ ~ ~ I ~ 1 ~ ~ I Y `~ti'N~~T ~ ~ DGE SHEET i OF 2 ALi,OWEG USES INCLUDE GENERAL BUSINESS, OFFICE. SERVICE AND RETAIL BUSINESS MACHINE OR COMPUTER STORES. AUTO SERVICE AND MAINTENANCE SHOPS. INCLUD{NG TIRE SALES SALES INCLUDING THE FLOWING C-1 AND C-E USES: MUFFLERSHOPS. AUTO DETAIL SHOPS, TUNE-UP SHOPS. CA.R CAMERA AND PHOTOGRAPHIC SERVICE AND SUPPLY STARES. ORES. WASHES. UPHOLSTERY SHOPS, RADIATOR REPAIR SHOPS. LUBRICATION ` CANDY, NUT AND CQNFECTIONERY STORES. SERVICE. SOUND SYSTEM 5H4PS. MAJOR MECHANICAL REPAIR (SHOPSI. . . BODY WORK. AND PA i NT ! NG . X10 !L~ ~gpq~N(~ ~2 N¢v~ov VSIQ Vt ►c.~C $A,11tS, ~EIf1+-h+=Fri--~~-W ~~i~6--b'~1~~ (8~•T~Ei~1~-s'~~J-"fi~49 ~ ~h T 9~+ p ~ p ~ e i Fv' °~-a CATERERS . ~ c , c 'rue i niTr~-r T~ A BUILDING CONTRACTORS SERVICE SHOP AND STORAGE YARD INCIDENTAL. ~~'y~,~r-~I 1inr` nn1V id}('gyp (7Q Dl~~~~'~"~1~~("' (y ~lh 'j'('t i'yn~ ionr _ GAIRI PRa D~4t~ JTV RE~, TO AN OFFECEISHdWR00M PRINCIPAL USE. THIS WOULD INCLUDE ~ RR-i~"~"t3.'f"~~7R SERVICE . REPA.I R OR MA 1 NTENANCE TO TRUCK TRACTORS OR CARPENTERS. PAINTERS. ROOFERS. ELECTRICIANS, PLUMBERS. HEATING AND AIRCONDITIONING CONTRACTORS. AND SIMILAR USES WHICH DO NOT SEMI-TRAILERS. DELICATESSENS. USE HEAVY EQUIPMENT IN THE BUSINESS. BUT HOWEVER, DO NAVE ~+-9~Pd~'"'J S E VEHICLES, TOaLS. MACHINERY AND SUP PL 'ES USED ;N THE BUSINESS DEPARTMENT OR VARIETY STORES. BANKS. LOAti AND FINANCE {JFriCES. STOREG UPON THE PREMISES. EITHER ?N51DE OR OUTSIDE. AND WHERE SOME CUSTOM WORK MAY OCCUR UPON THE PREMISES ALi_ OUTSIDE STORAGE DRUG STORES. AREAS SHALL F3E SCREENED FROM VIEW FROM ADJACENT pRaPERTIES AND COMMERC'~AL MACHINE SH(;P;~ STREETSBY A SIX FOOT SOLID FENCE OR. STACK!N{3 OF MATERIALS AND DRY GooDS sTaRES. MEDICAL. AN~~ DENTAL OFFICES. {:I_ N!CS OR LABORATOR ES. SUP PLIES SHALL NOT EXCEED THE HEIGHT OF THE: FENCE. ADDITIONAL. L.Y. ELECTRICAL 5UPPL!ES AND SERVICE. FOR USES W`H!CN INVQLVE CUSTOM WORK AND/OR FABRICATION UPON THE PREMISES NO SINGLE MACHINE SHALL EXCEED FIF"FEN (,S`• HOR.SEPOW'ER Iv!uRTUAR!ES AND CREMATORIES FOR ALL~OTHER USES. AND PROVIDED THAT NC EXCESSIVE NOISE. FLORAL SHOPS. VIBR,ATC~N. DUST. EMISSION OF HEAT. GLARE. RADIATION. SMOKE OR u!- 4SS, GENtR.,~. B~}S.NESS i!R PROFESSI{i~'4~ ~OF~ iC~S FURNITURE STORES. FUMES ARE PRODUCED TO THE EXTENT THAT IT iS DANGEROUS. HAZARDOUS OR A NUISANCE TO THE REASONABLE ENJOYMENT OF u5E OF ADJACENT pR ~ `~~ATE CL~ dS . SOC. i 4L C~_UBS B NGQ PAR~~;)RS~ .ANG OTHER SIMILAR PROPERTIES. USES. GARpEN SUPPLIES STORES. SC~00'~5. PUBLC. PAROCH!:_AL ANG FRVATS ;INCLUDING PRIVATE. GIFT. NOVELTY OR SOUVENIR STORES. COLD STORAGE PLANT. U'O(. AT ? OVAL TRADE OR PROFE..~ S i GNA.i. St,HaG- I . CCiLLEGES . DiSTR€BUTlON STATIONS UN.'JERS T'ES, PRE-SCHOatS =,~aD GAY NURSF~R!E5 (NCLUDiNG THOSE HARDWARE STORES, USES COMM~ONL`' ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE DYING AND CLEANING SHOPS. SAME ?REMISESa. HOBBY AND CRAFT STORES. ICE PLANTS ANG DELfVERY STATIONS. SERv1CE ESTABLISHMENTS AS LISTED BELOW HOME FURNISHING STORES. MANUFACTURING AND/OR LIGHT INDUSTRIAL OPERAT?ONS, WHERE vF`ERATON AMBULANCE SERVICES ~ HOME IMPROVEMENTS SUPPLY STORES. OF ANY GNE fil MACHINE ODES NOT EXCEED FIF~T~EEN (IS' HORSEPOWER. BLUEPRINTING. PHOTOSTATIC COPYING, AND OTHER SIMILAR JEWELRY STORES. SHOPS FOR CUSTOM WORK OR FOR MAKING ARTICLES. MATERIALS OR REPRaDUCTION SERVICES; HOWEVER. N: INCLUDING LARGE COMMODiT{ES TO BE SOLD AT RETAIL ON THE PREMISES, AND WHERE NO PRINTING. PUBLISHING AND/OR BOOK ENDING ESTABLISHMENTS. LEATNERGOODS AND LUGGAGE STORES. 51NGLE MACHINE EXCEEDS FIFTEEN (l5) HORSEPC7WER; AND PROV~.DED THAT. EXTERMINATORS LIQUOR STORES (SALE BY PACKAGEI. NO EXCESSIVE NOISE. VIBRATION. DUST. EMESSiON OF HEAT GLARE. RADIATION, SMOKE OR FUMES ARE PRODUCED TO THE EXTENT THAT !T i5 DANGEROUS. HAZARDOUS aR A NUISANCE TO THE REASONABLE ENJOYMENT OF HAIR, NAIL AND EXTERMI"JATORS LINEN SUPPLY. USE OF ADJACENT PROPERTIES. I NITER'.OR DECORAT i rJC, S -!OPS LOCKSM i TH SHOPS MINI-WAREHOUSES FOR 'NSiDE STORAGE, LAUNDRIES AND GRY CLEANING :SHOPS: MEAT, POULTRY AND SEAFOOD SHOPS. WHOLESALE BUSIrdESSE5. LOCKSMITH SHOPS MOTORCYCLE SALES AND SERVICE. Pte' rJT ~ I,G. ENGRA'v NG AND OTHER RELATED PRGDL:ECT I ON PROCESSES . SHOE REPAIR ISHQ~'Sl MUSIC STORES. ~;'USTaM FABRICATION/MACHINE. SHOPS. NO SINGLE aTOR.SHALL EXCEED TNhRTY-RfVE {3D} HQRSEPOWER FOR MACHINE SHOPS. FIFTEEN 4 ~ ~C!R PROFESS ~'~?NAL WORK OR ';:l,CH i NC OF; F i NE ARTS, NEWSSTANDS (FOR THE Sa1L:E. OF NEWSPAPERS . MAGAL I NES . E?C. PIvTOGRAPHY. MUSIC, DRAMA OR DANC1 _ IVES. ETC. i . ' 5i ~ak~1=PbWER F~~?R .ALL OTHERS NOTIONS S~(ORES. ~ .+~SEARCH ~_ABORATr;R i ES C~ F t~r:S A?~D OTH~~ FA~ i L . T. ES FOR TAILORING, DRESSMAKING QR CLOTNiN~ ALTERATI~:~N SHOPS. RESEARCH, BOTH BASIC AND .APPLIED CONDUCTED BY OR FOR ANY OFFICE SUPPLY (STORESI. '~NDI,,I:.~J~AL, ORGANfZ.ATION OR CONCERN. WEATHE~'i, PUBLIC OR UPHOLSTERY SHOPS, OPTICAL STORES ~ K .Y, ~ S ~ WATCH ANG JEWELRY REPAIR SHOPS. ~~"PA I R , iRENTAL AND 5 RV I ~ I P~ A I TY THAT TH I ~ E c ~G aF NY coMMao E PAINT AND WALL PAPER STORES "+ANvF4CT"ORE. FABRICATION PROCESSING OR SALE OF WHIG! IS SM:~LL ANIMAL VETERINARY HOSP.TALS Oft C~L!N?CS WHERE THERE ARE NO iiUTSiGE PENS aR RUNS FOR GODS PICTURE FRAMING (SHOPSI P~RMIT~ED 'N THE D15TRECT ~'6fNET A°~D WOdDWORKING SHOPS. STORES FOR RETAIL TRADE AS i_ISTED BELOW: PLUMBING AND HEATING SUPPLY STORES AND SHOPS. ANTIQUE STORES SHOE STORES. ~i-RPE T CLEANING AND FUM I C,AT I NG. ~ ~ ~ ~ECTRICAL MOTGRS AND ARMATURE RE~-GRiNDENG SHOPS. _ ~ APPAREL AND ACCESSOR"! STORES, SPORTING GOODS. l "~iLM DEVELOPING PLANTS. APPLIAr~CE STORP:S AND INCIDENTAL SER''dt'~E AND REPAIR STATi MARY STO.R.ES. STONE CUTTNG OR POLISHING WORKS. ~ V ART GA,L1_ER!ES OR S?Ur~!05 TELE'VISON, RADIO. SMALL. APPL.A,NCE REPAIR AND SERVICE SERVICE ~ a !SHOPS). TIN SHOPS: GUTTER SHOPS. IRON ROD SHOPS. H'v'AC SHOPS AND OTHER AU T f)hviOT i VE PARTS AND SIiPPi_ I ES SALES . _ TGBACCO STORES. SIMILAR .USES. BAK~NsES. REIA L. OUTSIDE DISPLAY OR STORAtUE. SUBJECT TO THE FOLLOW'iNG: TOY STOR~.> Ia': CY(LE STORES . MERCHA?~C; S.E, ".>IATERiAL "JR STUCK MAY BE STORED aR DISPLAYED VIDEO RENTALS. BOOK. STORES A'vD NE'WS`Tr~"d!:7S. BERING t~ ~RvNT OF BUfL.DINGS WITHIN SIDE OR REAR YARDS CiNLY `~'HER.F CGI~',f T ELY SCREENED FROM ADJACENT PROPERT ES A~JD !BELT, BY A S i X-FJO ~ !-t ~ uh SOL ~ D Fr.+~~~E MER~.HA!vD. SE . BU'~CHE.R SHCrPS ANG FO~;~G l_0{;KE RS . BI NOT I NC' UG ! NG PCGG MATERA.L. ArJD STOCK SHALL. NOT BE STACKED TO A HEIGHT GREATER-.THAN PROCESS.Nv ?NE HEIGHT OF THE SCREENING FENCE Af`Y L.AR ;r15E WHICH N TI-;E OPINION OF THc ZON i NG ADM i N f STRATOR . EXHIBIT 'A' ~~R '',)PvN APPEAL OF H ! S S`EC' c ON' , THE BO.A.R.D OF AD,;uSTMENT . ',h'ODULD BE PERFORMANCE STANDARDS: THEFOLLOWING STANDARDS ANG CONDITION C:OND I T I OPJS SHALL C'~MFA l BLE N C.HARAC; tR AND ; M;PACT W' I TH OTHER ~.jSES I N THE APPLY TO THE DEVELOPMENT. 'vSE. QPERATIaNS ANG MAINTENANCE OF D'ST~c'%T, WGu!D Bt CONSISTENT WsTN THE INGCN OF TrIS D15~RiCT TENANCS OF ANY aND d~I-' F CH WdUi_D NOT BE OBJECTIONABLE T(? N~.ARB`! r ROPERTY BY REASON BUSINESS ALLOWED IN THIS PLANED DEVELOPMENT. CIF 'ODOR 'DUST FMES . GAS , NC) . SE . RADIATION . HEAT . GLARE . r. BUILDING ENCLOSURES: EVERY USE SHALL BE OPERATED ipy TS 'I f A , r~; V BRAT U'V . TPAFF ; C GENERAT ON . PARK i NC NEEDS . O'~„}TDOOR S T ORAvE OR Ev ~ v ~ SE rJR I S 'vGs . HAZARDOUS TO THE HFALT'H AND SAFE T v OF 5UR~?a~JNG' Ni.; ENTIRETY 'WITHIN A CaMPLETELY ENCLOSED BUILDING UNLESS aT~'ERW tSS OTHERWISE AREAL THRa'uC!~, )ArvGER OF FIRE OR FXPLOS i ON . SPECIFICALLY PROVIDED BY THE APPRUVEC~ FINAL DEVELOPMENT PLAN PhJ~ENT PLAN - 2. QUTGOOR STORAGE: ALL OUTDOOR STORAGE FACIL'TIES SHALL BE S SHALL BE ENCLOSED WITH A VIEW OBSCURING FENCE. WALL AND/OR LANDSCAPIN LANDSCAr' I N'G WH I t~H FULLY CONCEALS SUCH FACILITIES FROM ADJACENT PROPERTIES. PUB RTIES. PiJBLiC STREETS AND PEDESTRIAN WAYS. E ~ 3. NOISE: NQ OPERATIONS WITHIN THIS PLANNED DEVELOPMENT SNA OPMENT SHALL 4`iCiNiTY h~AP ' BE ALLOWED TO CREATE NOISE DISCERNABLE AT THE PROPERTY LANE. ERTY LINE,. THIS SHALL INCLUDE EFFECTS DUE TO INTERMITTENCE. BEAT. FREQUENCY. FREdUENCY. SHRILLNESS OR INTENSITY. n .n ? ~ ~ 4. ODORS : NQ OPERATIONS W' ITH3 N THIS PLANNED DEVELaPMENT 5H LOPMENT SHALL ~ <d : BE ALLOWED TO EMIT ODORS DISCERNABLE AT THE PROPERTY LINE . , TY LINF. 1 ~ ~~,ur S. VIBRATION: NO QP RATi d WiT~ I ~ H P~ ~V' ~ ~,V~-,,T E OP S H N T i S L ANNE D D ~ E ~ 0 E N EV'ELOPMENT SHALL BE ALLOWED Ta EMIT VIBRATION DISCERNABLE A~ THE PROPERTY LiN ~ OPERT" LINE. ~ 6. GLARE AND HEAT: ANY OPERATION PRODUCING INTENSE GLARE AN rte" ~ ~ . T HA ~ WIT . c ~ ~ r ( ^ >e. NEA S L~ BE PREFORMED E GLARE AND/aR ~ ,,H,N A UOMPLETE~Y ENCLOSED B~,IL~__~ _ ~ r-'-'"~ ED BI;ILDiNG. r~ ~ 7. EMMiSON CONTROL. OF SMOKE DUST AND GASSES: NO OPERATIONS PERATiONS WITHIN THIS PLANNED DEVELOPMENT SMALL BE ALLOWED TO EMIT FUGITIVE D FUGITIVE DUST, Yt SMOKE AND/0R GASSES. ;,wren i zi lqe ~t:Al_E - 500 CASE N STORY RE'` !QED 7,' i U,' RFV!SED /2C+a1 PREPARED BY: LANE ~NGINEERING SERVICE. INC. 9500 WEST 14TH AVENUE. LAKEWOOD. CO 80215 TEL (303) 233-4042 FAX: (303) 233-0796 7 PREPARED 3/31/ 997 ~r PROJECT F48-23 Y~ L SHEET OF i i ~ } ~ , ~ I SHEET 2 OF 2 DESCRIPTION: THAT PART OF THESOUTH HALF OF THE SOUTHWEST ONE-QUARTER SECTION 13. TOWNS'~fEP 3 SOUTH. RANGE 69 WEST OF THE 6TH P EAST OF THE EASTERLY L[NE OF LAVETA AVENUE AND SOUTH ANC THE SOUTHERLY LINE OF BLOCK 19. BERKELEY HEIGHTS SECOND EXCEPT BLOCKS !2. 16, 17. AND A TEN ACRE TRACT HERETOFOR CONVEYED TO BELLEBUSH BY DEED IN BOOK 117 AT PAGE 479. BEING MORE PARTI~:~l..ARLY DESCRIBED AS FOLLOWS: " r_ ~ BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 13. 78 y WEST OF THE SOUTH QUARTER CORNER OF SAID SECTION f3: THE .~1 650.5 FEET; THENCE 5.53°47'w.. 123.75 FEET; THENCE N.89° c, ~ ~ FEET; THENCE S.45`38'W., 140.3 FEET; THENCE 5.30°O3'W.. D°~ ~y FEET; THENCE 5.09'28'E.. 109.6 FEET; THENCE S.fS°5I'E..3 ~ 2~ THENCE EAST 185 FEET; THENCE SOUTH 259 FEET TO THE SOUTh 5 ~ ~ ~ SAID SECTION 13;~THENCE EAST ALONG SAID SECTION LINE 136 ° y y y y THE POINT OF BEG}.NNiNG. EXCEPT ANY PORTION LYING WITHIN t~ ~ 89 i3 00 W AVENUE, CITY 4F V~iEAT RIDGE. JEFFERSON COUNTY. COLORADO. y i a4.0o~' y y y SCALE i~•5o~ I y y y L y 1 y ~ y y i s i ~ y y y y y i y y y y y 0 25 50 75 0 J~ i ~ i ! aNascapEO a~~A OWNERS ACKNOWLEDGMENT: 0 y~ y ~ ~ (TYP (CAU ` y ° ~ ~q. ~ THE BELOW-SIGNED ?WNERiS) OR LEGALLY DESIGNATED AGENT(S) ~ ~ ~ ' H R Y AGR T~IAT TH PROP RTY ALLY SCR I D H R . ~ DO E EB EE E E AEG DE BE E E y ~ ~ ~ ~ ~ P AS A P hNNED DEVELOPM NT I N A COR ANCE WITH Tip DEVELO ED L E C D - BEJILDING PAD ~ RESTRICTIONS AND IONDITIONS CONTAINED IN THIS PLAN, AND Y y y OTHERWISE BE REQU'RED BY LAW. i (WE} FURTHER RECOGNIZE T y y ! l~ APPROVAL OF REZONNG TO PLANNED DEVELOPMENT, AND APPROVA ~ ~ \ y 1 I OUTLINE DEVELOPMElT PLAN DOES NOT CREATE A VESTED PROPER ~ VESTED PROPERTY R'GHTS MAY ONLY ARISE AND ACCRUE PURSUAty ~ ` PROVISIONS OF SEC'ION 26-6lG) OF THE CODE OF LAWS. \ \ a - _i o / i ~ ~ I ~ OWNERS AGENT ~ ~ O O' - ^a SANITARY SEWER EASEME,~t PARKING AND DRIVES t ~V ~ %~BOOK 676 PAGE 69 ~ ~y LOUIS J. FICCO ~ ~ O ~ . ~ ~ NOTARY: y ml Q Q N ~ ~ ' ~ ~ ° COUNTY OF JEFFERSSN } ~ ° ° ~ ~'1 N ~ } S5 y yl BU l LD i NG PA~~, ~ ~ 7J ~ ~ I STATE OF COLORADi } o ~ ' - F I INSTiUM NT wAS EXECUTED BEFORE ME THIS ~ 1 ! i a THE ORGO N~ E ° ' ~ ~ ~ a w. _ 199._._ . -~Y L O U 1 S J ~ F I CCO I s- _ _ _ _ - - - i yo o i Q ~ i ~ = . , MY COMM ~ SS I ON EXP.PtS 'r S.15°SI'OO"E.~ , d z 38.00 , [ ~ ~ y~ ~ ~ i ` ~ NARY PUBL I C A ~ , a . .i > ~ I i ADDRESS ~ ~ ~ I y 1 ° ~ i N 90 00 00 E i 85.=;Q o , , ` o ' i ~ ~ y ~ NOTES . ; ~ ~''-S~E DATA I A A I Q o I ~ ~ c i. MAXIMUM FLOOR ~ ~ ~ - yI ~ ` ~ ~ i ~ 2.x6:1 c 35i ~ tl Z a ; ;n d ~ ~ 2. MAXIMUM BU~LDI ~G ~ y ~ _ o F ET 22 E ~ N m - ~ ~ 3. MINIMUM LANDSC ' NOT LESS THA a a I 4. MINIMUM PERIME 0 o ° y ~ FROM RIGHT 0 i o ~ LANDSCAPED E d F I S DES E I IO E ~ i ~ REAR: 25 FEE ~''~ACCESS PONT', ti ~ ~ ~ y 5 . E NTENS E VE BUFF t \ AT THE TIME OF FI I ~ ~ ~ WHERE THERE iS AD ~ OR DEVELOPMENT. r y y S 86 "q , 26 E 136.20' \ _ ~Q - - 5. THE BASIS FOR 1 T PORTION OF TH S . _s ~ WEST 48TH AVENUE THAT THE SOUTH L! ~a i ~ ~ ~ ° - ~ - SOUTH LINE SW I /4 SECTION i 3 BEARS N .90 00' 00" 136 ._O4 v - _ _ T _ _ _ _ BEAR C NGS ROTATE A 1 _ ^ - - N 90°00'00°E 786.40' 00° 40' I7" SUBTRAC _ SOUTH f/4 CORNER BEARINGS AND ADDI SECTION 13' BEARINGS. ___r__ 7 . NO PART OF TH I 100 YEAR FLOOD PL 8. NO BILLBOARDS O C _ d 9. lF FEASEABLE A FINAL DEVELOPMENT 2~'"~ ~ ON THOSE BU! LD f N' ,r' ~7 STREETS . 10 MATURE TREES d ~o g~ I i . PARKING OF SE 12. NU ABUVE UNUL ABUVt UNUUNU LUAU NG u ! U bt S)"UVYN UN ! rlt THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY co FINAL DEVELOPMENT FVFI OPMFNT PI AN rl cou Anin Dcrnpnco nc [rcccocnni r,l)i =TV AT rni -',cKi ('ni 0DArnn nh; Q. OUTSIDE STORA BUILDING PROVIDEC AND WILL BE REVIE FINAL DEVELOPMENT LETA 1 ! is ~N.l.S PREPARED BY: LANE ENGINEERING SERVICE. INC. 9500 WEST 14TH AVENUE, LAKEWOOD, CO 80215 TEL: (303) 233-4042 FAX: (303) 233-0796 r WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -3- Motion by Mr Slier for the approval of Council Bill 19 (Ordinance 1081), seconded by Mr Eafanti, carried 5 -3 with Councilmembers Shaver, Fields, and Dalbec voting no Mrs Shaver stated that the voters have turned this down twice, she feels it's better to possibly have eleven rookies rather than 11 bad people making decisions, she is in favor of citizens asking for this by petition. Mrs Fields also feels this should be addressed by the petition process Item 4. Council Bill 20 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning term limitations for City Councilmembers Council Bill 20 was introduced on second reading by Mr Slier; title read by the Clerk; Ordinance No 1082 assigned. Motion by Mr Slier for the approval of Council Bill 20 (Ordinance 1082), seconded by Mr Eafanti; carried 5 -3 with Councilmembers Shaver, Fields and Dalbec voting no Mrs. Dalbec hasn't anybody in her District clamoring to get this on the ballot. She likes the 2 -year terms because it makes it a much more involved City Mrs Shaver has heard from people saying 2 years is enough Item 5. Council Bill 17 - An Ordinance providing for the approval of rezoning from Residential -Two and Commercial -One to Planned Commercial Development District and for approval of an Outline Development Plan on land located at 6225 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case WZ -97 -7) (Louis Ficco) Council Bill 17 was introduced on second reading by Mr Slier; title read by the Clerk; Ordinance No 1083 assigned Mr Middaugh explained that due to an error on the City's part, Items 5 and 6 need to be revised There are items on the plans that would only be allowed in a PID not a PCD The applicant for Item 5 has chosen to stay with the PCD and to eliminate the Items not allowed The applicant for Item 6 has chosen to apply for a PID instead. Mr Middaugh then pointed out the items not allowed on the Outline Development Plan. WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -4- Lou Ficco, 11315 West 38th Avenue, applicant, was sworn in by the Mayor, presented his proposal and asked for approval of his application Meredith Reckert was sworn in by the Mayor and gave the staff report. Motion by Mr Slier that Council Bill 17 (Ordinance 1083), a request for approval of a rezoning from Residential -Two and Commercial -One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be approved for the following reasons 1 The proposal is consistent with adjacent zoning and development. 2. The property cannot be reasonable developed under current zoning. 3 Planning Commission recommends approval With the following conditions 1 On the first page, auto related businesses are listed twice and should be consolidated to avoid redundancy 2 Conditions on page 1, Section 2, should be included that no sale of automotive vehicles, new or used, be allowed 3 Stone cuffing for artisans, memorials, lapidary and such related uses will be allowed 4 The applicant, upon submission of final development plans, may change rezoning from PCD to PID with appropriate documentation 5 If continued as a PCD Items deleted as Industrial be returned to the appropriate documentation, seconded by Mr Solano Motion by Mrs Shaver for an amendment that any trees that are cut down be replaced, the number of trees be replaced with the same number of trees, seconded by Mrs Dalbec; failed 3 -5 with Councilmembers Dalbec, Shaver, and Worth voting yes Original Motion carried 8 -0 Item 6. Council Bill 18 - An Ordinance providing for the approval of rezoning from Commercial -One to Planned Commercial Development District and for approval of an Outline Development Plan on land located at 9500 West 49th Avenue, City of Wheat Ridge County of Jefferson, State of Colorado (Case No WZ -97 -5) (Pacifica Holding Company LLC) Mr Middaugh explained that this applicant does not have the flexibility to change their plans like Mr Ficco did They will withdraw this application and re -apply under PID Mr Middaugh asked that this be expedited since it was the City's fault that this happened INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. 17 ORDINANCE NO. 1083 Series of 1997 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL -TWO AND COMMERCIAL -ONE TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 6225 WEST 48TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: S ection 1. Upon application by Louis Ficco for approval of a rezoning in Wheat Ridge, Colorado. Case No WZ -97 -7 and based on recommendation for approval with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge Cm Council Wheat Ridge maps are herebv amended to e%clude from the Residential -Two and Conunerual -t)ne district, and to include in the Planned Commercial Development district the following described land An undivided % interest in. That part of the South half ol'the Southwest Quarter of Section 13, Township 3 South, Range 69 West, lying east of the easterly line of LaVeta Avenue and South and East of Southeasterly line of Block 19, Berkeley Heights 2nd Filing (except Blocks 12, 16. 17, and a ten -acre tract heretofore conveyed to Belle Bush by deed in Book 117 at Page 479 said land being more particularly described as follows Beginning at a point on the South line of Section 13, 786 4 feet West of South Quarter comer of Section 13, thence North 650.5 feet, thence South 53' 47' West 123 75 feet, thence North 89° 13' West 104 feet; thence South 45° 38' West 140.3 feet, thence South 30° 02' West 90.3 feet: thence South 09° 28' East 109 6 feet, thence South 15 51' East 38 feet; thence East 185 feet to stake; thence South 259 feet to South line of said Section 13, thence East along said Section line 136 feet to point of beginning, County of Jefferson, State of Colorado Section 2. Conditions. The following uses are allowed All RC -1. R -C and C -1 uses. Additional uses allowed: building contractors service shop and storage yard, cold storage yard, distribution stations, dying and cleaning shops, ice plants and delivery stations, manufacturing and/or light industrial operation where no single machine exceeds 15 HP, mmi- warehouses for inside storage, wholesale businesses, custom fabrication/machine shops, no single motor shall exceed 35 HP for machine shops, 15 HP for all others, stone cutting or polishing works in association with artnsans, memorial sales and lapidary design and creation, tin shops, gutter shops, iron, rod shops, h similar vac shops and other silar uses, outside display or storage subject to the following /3 RECEPTION NO. F0700174 16.00 FG: 0001 -003 236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/23/1996 8:57:55 Ordinance No. 1083 Page 2 merchandise, material or stock maybe stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six - foot high solid fence, merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. 2. That performance standards be included under the list of allowed uses. 3 A note disallowing billboards be placed on the plan- 4 if feasible and subject to approval of the Final Development Plan.. brick accent be used on those building elevations visible from adjoining streets. 5 Outside storage can be allowed on the northern most building provided that it is not accessible by vehicles and will be reviewed at the time of the submittal of the Final Development Plan. 6 Mature trees to be preserved as practical. 7 No above ground loading docks be shown on the Final Development Plan 8 In the list of uses, tire capping and new /used automobile sales be eliminated. 9 That the plan provide noise standards that are acceptable per State standards 10 Repair or maintenance of semi- trucks be eliminated. 1 I Regular parking or storage of semi's outside the prcnusc %\ ill not he allowed. 12. Limitation of 35 HP for any machine on the premises. Section 2. Vested Property Rights Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge Section 3. 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. S ection 4. 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. Ordinance No. 1083 Page 3 Section 5. This ordinance shall take effect 15 days after final publication. J INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of June , 1997, 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 July 281997, at 7 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTRED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 28tWayof July 1997 SIGNED by the Mayor on this 29thday of July , 1997 DAN WILDL. MAYOR ATTEST Wanda Sang, City Clerk FAVVER Ist Publication. June 27, 1997 2nd Publication. August 8, 1997 Wheat Ridge Transcript Effective Date August 23, 1997