HomeMy WebLinkAboutWZ-92-11~ A •
The Crty 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~~yy SnT~aai- u;f3ga Address 7500 W. 29th Ave. Phone 23~-2848
2000 S. Holly St.
Owner Colo. Dept. of Trans. Addres's npp~TPY O 80222 Phone 757-9011
Location of request
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
(~ ** See attached procedural guide
for specific requirements.
Detailed Description of request
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
of the West
0
ss men
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
*+••_~~ ~~~hter 2860 Berrv Lane, Golden 279-6854
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
without whose consent the requested action cannot lawfully
Applicants other than owners must submit power-of-attorney
which approved of this action his behalf.
Signature of Applicant
Subscribed and
SEAL
Data RP~aived
listed above,
be accomplished.,
from the owner
My commission expires
Receipt No.
Case No.
- i
CITY COUNCIL MINUTES:
June 24, 1991
~ ~XF+r ar T ~ /-k
Page -7-
Item 10. Resoluticn 1255 - authorizing the t;ayor to sign the Inter-
governmental Agreement tetueen the City rf 'dheat -inge, City
cf Edgewater, ane the Urban Grainage and F1cod Ccntrcl
District entitled "Agreement regarding design, right of way
acquisition ane construction cf drainage and flocs control
improvements to north branch upper Sloan Lake, Edgewater and
~'riheat Ridge."
Resolution 1255 was introduces by Nir. Merkl; title read by the Clerk.
Motion by Mr. Merkl for the adoption of Resolution 1255; seconded by Mr.
Se stad; carried 6-0.
Item 11. Resolution 1256 - authorizing use of the public right of way by
the Wheat Midge Carnation Festival, :nc., to post signs exempt
frcrn regulation anvertising the wheat Ridge Carnaticn Festival.
Rescluticn 125b was introduced ty t^.r. MerKl; title read by the Clerk.
Motion by Mr. Merkl for the adoption of Resolution 1256; seconded by Mr.
Davis•;~ carried 6-0.
Item 12. Resolution 1257 - authorizing reimbursement from the City of ,
Wheat Ridge's attributable share cf the Jefferson County Open
Space Fund for Parks and Open Space Development.
Resolution 1257 was introduced by Mr. Shanley; title read by the Clerk.
Mr. 'dandle asked that under reimbursement "Coin envelopes" be stricken
and that the total amount would then amount to W36,64b.90.
Motion by Mr. Shanley that Resolution 1257 authorizing payment from
Jefferson County Gpen Space be approved, and the Mayor be authorized to
sign the intergovernmental agreement entitled "Request for Reimbursement
and Certification of Use of Funds" which is required by Jefferson County
Open Space before payment from the City of, Wheat Ridge's attributable
share can be released; seconded by Mr. Merkl; carried 6-0.
Item 13. Motion re: I-70 Frontage Road at 32nd Avenue.
Mr. Goebel gave the staff report, read a letter From the Highway
Department into the record supporting the relocation of the frontage
road, and answered Counr.il's questions.
Harvey Morlan, 13146 W• 33rd Avenue, stated that the plan as presented
will cut within 33 feet of his side-yard; it will damage the patio of
his property due to the increased noise and fumes; urged Council to
consider a plan that will do the least amount of damage to the property
owners.
CIT7 COUNCIL hiINUTES:
rune 24, 1991
!'age -&-
Robert Geschrei, 3301 °oungfield Street, representing .La Guinta h:otor ~
Inns, retered to the letter that was faxed today by La Guinta tc Council
and i;ou Goebel, fie reap that let•••r into the record, The Letter
expressee noncern that a private crive was being turned into public
roadway; this plan was the least desirable cf all the possibilities
presentee; will pose a safety ha2ard and present a hardship tc the motor
inn and its guests; shelve this item for further study.
Chere Nitt, 3239 Zinnia Court, asked that the City work with the highway
Department and the County to get another access r:ao cut cf this area.
Bob Kessler, Attorney representing htr. Richter, wanted to go cn record
to say they support the proposal,
Michael Garcia, 3224 Zinnia Court, was noncerned about the traffic Light
that might be put on Zinnia street sometime ~ the future; ncesn't agree
with the road, too far to t".e north, south t. the Cafe would to a much
better proposal.
Brad Erauer, 3238 Zinnia Court, concerned about the location cf Lhe road
askew that Council reconsider; appreniated the idea r,f a masonry
barrier, but askew that it be higher than 10 feet; .artier should be i7
plate prior to construction of the roadway, _
Connie Mauldin, 3195 Zinnia Street, asked that the traffic from the
frontage road merge with the I-70 off-ramp, If it were one-way it would
eliminate the need for a traffic light. The access into the Richter
property would be one-way turning in.
Clark Brown, 327E Zinnia Court, asked Council to carefully weigh all the
facts ano to give consideration to the neighbors.
Karen Eceii, 3229 Zinnia Court, asked, that Council delay action on this
item; was noncerned about pollution, dust and noise.
Motion by hir. Merkl that the frontage roan of I-7.0 at 32nd Avenue be
relocated as shown and that a 8' solid sound wail be constructed in
place of Lhe 6' wood fence on top of the existing berm as part of the
project; seconded by Mr. Davis.
Discussion followed.
Mr. Davis made a friendly amendment to make the wall 10'. Mr. hierkl
T acr.epted this. Motion carried 5-1 with hir, Selstad voting tdo,
J
CITY COUNCIL MINUTES:
~.
June e4, 1991
Fage -10-
Motion by h1r. Eafanti that the :.andscape Architectural Services Contract
for the Pedestrian/Bike Trail aL 41st and Kipling Froject, (r,FP v91-C04)
be awarded to Howard needles Tammen & oergennoff in the amount cf their
proposal cf 59,265.77, with all ^osts to be charged to Acct, ;;o,
32-b01-862; seccnded by h?r, Ed warns; carried b-0.
Ite, m 17, potion re: 'clecticn j~;oges for the Plovember 5, 1j91 election.
hioticn by Mr, Merkl that the list of election judges be apprcved as
printed; seconded by Mr, Davis; .^.arried 6-0.
Item 18, Decision regarding the ',heat ,Ridge polling places for the
ilovember 5, 1991 ele^_ticn.
Motion by Mr. t4erkl to accept :^,e Pollingrlaces as printer and that in
District III we use Fiheat fiidge Evangelical Lutheran Church, 0600 W.
38th Avenue and Glory of ~Jod Lutheran ~hurch, 12300 W. 38th kvenue;
seccnded by Mr, Edwards; ~arrie~ F,-0.
Motion by Mr. Selstad to eo past 11:00 p,m.; seconded by Mr. Edwards;
oarried 4-2 with Mr. Shan:ey and h:r. Davis voting No.
CITY ADMINISTRATOR'S MATTERS '
Bob Goebel clarified the motion on Item 13 --is the height of the wall
extended to 10' and the length of the berm also extended? The answer
,r was yes.
Mr. Goebel asked Council's directive as to what to do regarding a pump
cityicontractor goFintand digtarhole to ~determinettheaflow;rseconded by
i•1r. i~erkl; carried 5-1 with !•)r. Davis voting iJo.
ELECTED OFFICIALS' MATTERS
Kent Gavis asked about the planters for 38th Avenue. Mr. Goebel has
some information on this and will make sure I•;r, Davis gets it.
Ron Selstad thanked Public Works for working on some flooding problems.
He informed everybody of a neighborhood meeting at the Olde Firehouse on
Thursday night--everybody is welvome td come.
Motion by Mr, Selstad that the Grdinance for any urban renewal area
designatee by Council go to a vcte of the people be brought in for first
reading at the next Council meeting; seconded by Mr. Edwards; failed 3-3
with Councilmembers Eafanti, Selstad and Edwards voting yes.
/1rk ~ l~/o
~~ i
r~~- q2- II
~(~ 1 F.3 l T
1~i~o oleo/
Sec. 26.22. Commercial•One District (C-1).
(A) Inierzt and Purpose: This district is estab-
lished to provide for azeas with a wide range of
wmmercial Iand uses which include office, gen-
eral business, and retail sales and service estab•
lishments. This district is supported by the com-
munity and/or entire region. .
(B) Permitted Prirzcipal Uses: No building or
land shall be used and no building shall be here•
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
{1) All uses permitted in the Restricted Com-
mercial District as "permitted principal
use's."
1726
ZONING AND DEVELOPMENT
i
§ 26-22
(2) Adult entertainment establishments when tune-up shops, engine repair, transmission
in accordance with Wheat Ridge Code of repair, alignment services, car washes
up•
Laws, Chapter 3. ,
holstery shops, radiator repair shops, lubri-
(3) Assembly halls and convention facilities cation services and sound system shops. It
. is the intent to exclude body work or
(4) Automobile and light•duty truck,sale-s and . _ painting, and to exclude any such use pri-
rental, subject to the following require- mazily for service, repair or maintenance
ments: to truck-tractors or semitrailers. Body re-
(a) Sales, rental and service of a truck- pair'2nd painting may be allowed as a con-
tractor or semitrailer is prohibited. ditional use.
(b) All pazking and vehicle display areas (6) Banks, Ivan and finance offices.
shall be paved.
(c) 'T'here shall be a minimum of one thou- (7) Child care centers.
sand five hundred (1,500) Feet of sepa- (3) Clinics for psychological, social or mazital
ration between sales lots. counseling and treatment, including coun-
(d) There shall be a minimum ten-foot seling and treatment far substance abuse
landscape buffer adjacent to any public and alcoholism, and including residential
street, with such buffer to be completely treatment facilities.
within the property boundaries
al-
,
though the owner may additionally fig) Commercial machine shops.
landscape that area between the front (IO) Community buildings, Y.M.C.A's, Y.-
property line and the street improve- W.C.A's, churches, libraries, parks, mu-
ments if approved by the public works seums, aquariums and art galleries.
director. There shall be no waivers of
this Iandscape buffer requirement. (11) Golf courses, including private clubs, res-
(e) Whenever a pazking lot or display Iot taurants and lounges, miniature golf or
adjoins property zoned for residential driving ranges, and those uses commonly
use, a landscape buffer of twelve (12)"' accepted as accessory thereto when located
feet from said lot boundary shall be re- on the same premises.
quired. Within the twelve-foot land- (12) Government or quasi-governmental build-
scape buffer, asix-foot view-obscuring ings and offices or public utility buildings,
fence or decorative wall shall be con- where outside storage, operations or repair
strutted. There shall be no waivers of facilities aze not planned.
this landscape and fence buffer require-
ment. (13) Greenhouses and landscape nurseries, in-
(fl There shall be at least one (1) interior cIuding both wholesale and retail sales of
landscaped island for each thirty (30) related products; provided, however, that
parking and/or vehicle display spaces. bulk storage or piles of materials, such as
Each such landscape island shall oc- manure, peat, top soil, rock, sand, firewood
cupy the equivalent of one (1) parking or similaz materials, are screened from view
space, and each such required island from adjacent properties by a view-
shall be landscaped with a minimum obscuring fence six (6) feet in height. Bulk
of one (1), two-inch caliper tree or storage or piles of such materials shall not
larger, and four (4) shrubs or accept- be permitted within a front yazd setback
able living ground cover. and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
(5) Auto service and repair and maintenance residentially zoned property or where zoned
shops, including tire sales (but excluding Agricultural and there is a residential stru~-
recapping), muffler shops, auto and light- ture within fifteen (15} feet of the common
duty truck fueling stations, detail shops, property line.
Supp. No. 5
1727
i
§ 26-22 - - - - GVFiEAT RIDGE CITY CODE -
(14) Homes for the aged, nursing homes and con- rent shall be within azeas screened
gregate care homes. from view fmm all streets and adjacent
(15) Hotels, motels or bed and breakfast homes properties.
for transient occupancy. There shall be one (d) Exterminators.
thousand (1,000) square feet of gross lot area (e) Hair, nail and cosmetic services.
for each unit. (fl Interior decorating shops.
(16) Indoor amusement and recreational enter- (g) Laundries and dry cleaning (shops].
(h) Locksmith shops.
prises, such as roller rinks, bawling alleys, (i) Shoe repair [shops].
azcades and similar uses. (j) Studio for professional work or teaching
(17) Indoor flea markets; however, outdoor flea offine arts, photography, music, drama
mazkets are prohibited. or dance.
(k) Tailoring, dressmaking or clothing al-
(18) Liquor stores. teration shops.
X19) Medical and dental offices, clinics or lobo-
t
i (1) Upholstery shops.
(m) Watch and jewelry repair [shops)
ra
or
es. .
(20) Mortuaries and crematories. (29) Small animal veterinary hospitals or clinics
(21) Motor fueling stations where there aze no outside pens or runs for
. dogs.
(22) Offices; general business and professional
offices. (30) Stores for retail trade as Iisted below:
(23) Pazking of automobiles of clients, patients (a) Antique stores.
and patrons of occupants of adjacent com- ~) Apparel and accessory stores:
martial districts. (c) Appliance stores and incidental ser-
vice and repair.
(24) Private clubs, social clubs, bingo parlors and (d) Art galleries or studios.
similar uses. (e) Automotive parts and supplies sales.
(25) Restaurants, drive-in restaurants, ice cream (fl Bakeries, retail.
(g) Bicycle stores
sales and similar related uses .
. (h) Boat, camper, and travel trailer sales
(26) Rooming and boardinghouses. and services.
(27) Schools, public pazochial and private (in- (i) Book stores and newsstands.
~) Butcher shops and food lockers
but not
eluding private, vocational trade or rofes-
P ,
including food processing.
sionaI schools), colleges, universities, pre-
schools and day nurseries (including those (k) Business machine or computer stores.
uses commonly accepted as necessary (1) Camera and photographic service and
supply stores.
thereto when Iocated on the same premises). (m) Candy, nut and confectionery stores.
(28) Service establishments as Iisted below: (n) Caterers.
(a) Ambulance services. (o) Dairy products stores.
(p) Delicatessens.
(b) Blueprinting, photostatic copying, and (q) Department or variety stores.
other similar reproduction services; (r) Drug stores.
however, not including lazge printing, (s) Dry goods stores.
publishing and/or book binding estab- (t) Electrical and supplies and service
but
lishments.
(c) Equipment rental agencies; provided, ,
not including contractors storage yazds.
(u) Floral shops.
however, that the outside storage of (v) Furniture stores
trucks, trailers or other equipment for .
(w) Garden supplies stores.
Supp. No. 5
1728
~ ~ - i
ZONING AND DEVELOPMENT
(x) Gift, novelty.or souvenir stores.
(y) Grocery stores.
(z) Hardware stores.
(aa) Hobby and craft stores.
(bb) Home furnishing stores.
(cc) Home improvements supply stores.
(dd) Jewelry stores.
(ee) Leathergoods and luggage stores.
(ft) Liquor stores (sale by package).
(gg) Linen supply.
(hh) Lumber yazds and building supply
stores; provided, that unenclosed
storage of any materials shall be
screened from view from adjacent prop-
erties and streets.
(ii) Locksmith shops.
(ij) Meat, poultry or seafood stores.
(kk) Motorcycle sales and service.
(ll) Music stores.
(mm) Newsstands (for the sale of newspa-
pers, magazines, etc.).
(nn) Notions stores.
(oo) Office supply [stores].
(pp) Optical stores.
(qq) Paint and wallpaper stores.
(rr) Pet stores.
(ss) Picture framing [shops].
(tt) Plumbing and heating supply stores'
and shops, but not including contrac-
tors' storage yards.
(uu) Shoe stores.
(w) Sporting goods stores.
(ww) Stationery stores.
(xx) Television, radio, small appliance re-
pair and service [shops].
(yy) Tobacco stores.
(zz) Toy stores.
foes) Video rentals.
(31) Taverns, night clubs, lounges, private clubs
and bars.
(3~G) Theatres (excluding drive-ins).
(33) Any similar use which, in the opinion of
the zoning administrator, or upon appeal of
his decision, of the boazd of adjustment,
would be compatible in character and im-
pact with other uses in the district, would
be consistent with the intent of this dis-
trio, and which would not be objectionable
Supp. No. 5
§ 26.22
to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vi-
bration, traffic generation, parking needs,
outdoor storage or use, or is not hazardous
to the health and safety of surrounding
areas through danger of fire or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply faciI-
ities, and other similaz facilities.
(2) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be allowed only
on a floor other than the ground floor,
or if allowed on the ground floor, re-
stricted to the rear half of the building.
(b) Residential dwelling density shall not
exceed one (1) dwelling unit for each
five thousand (5,000) square feet of lot
azea.
(c) Residential dwelling units shall be no
less than flue hundred (500) squaze feet
each.
(d) Pazking shall be supplied at the rate of
one (1) space per three hundred (300)
squaze feet of floor azea.
(e) Where it is intended to convert an ex-
isting residential structure either par-
tially or wholly to a commercial use,
then commercial development stan-
dazdsshall beapplied for parking, land-
scapingand residential buffering. Any
changes to building floor area shall
fully comply with all commercial de-
velopment standards.
(fl No new residences as a primary or prin-
cipal use shall be allowed.
(3) Outside display or storage subject to the
following:
(a) Merchandise, material or stack for sale
or rent may be displayed or stored
within ten (10) feet of the front of build-
ings without being screened, except
that required parking spaces or fire
1729
§ 26-22 WFIF~AT RIDGE CITY CODE
lanes shall not be used for such outside
display or storage.
(b) Merchandise, material or stock maybe
stored or displayed behind the front of
buildings within side or rear yards only
where completely screened from adja-
centproperties and streets by a six•foot-
high opaque wall or fence. Merchan•
dise, material and stock shall not be
stacked to a height greater than the
height of the screening fence.
(c) The above shall not apply to operable
automobile or light•duty truck rental
and sales lots; planted and patted
nursery stock; plant and produce sales;
boat and camper sales lots; or mobile
home and structure sales lots, except
that required parking spaces and fire
lanes shall not be used far storage or
display.
(4) Stocking of items intended far use or sale
upon the premises is permitted; however,
warehousing is prohibited.
(5) Storage buildings, sheds, garages, work-
shops and other similar structures when ac-
cessory to the primary use.
(6) Temporary Christmas tree, produce and
bedding plant sales Iots are permitted on
undeveloped pazcels or upon developed paz-
cels, subject to the following requirements:
(a) Temporary sales lots shall be permitted
for no more than ninety (90) days.
(b) If located upon a parcel which is occu-
pied by a primary use, the temporary
sales azea shall not occupy required
parking spaces or fire lanes and shall
not be located within the required sight
distance triangle of the intersection of
two (2) streets.
(c) If located upon an undeveloped parcel,
adequate off-street parking area for the
use must be provided.
(d) Temporary fences, signs, structures and
other improvements associated with
the use shall meet all zoning and
building code requirements.
(e) No such temporary sales lot shall oc•
copy a parcel without first having re-
ceived an administrative temporary use
permit, business license, sales tax li•
censes and building permit(s) as may
be required by the City of Wheat Ridge.
(7) Wholesale sales of any item offered at re-
tail on the premises, where wholesale is an•
ciliary to the primary retail use.
(8) Parking of not more than three (3) commer-
cial truck-tractors and/or semitrailers in
conjunction with, and accessary to, a res-
taurant, hotel or motel primary use, and
when in conformance with the pazking de-
sign standards set forth in section 26-
31(C)(14) of this Zoning Ordinance. It is not
intended that such pazkinglimitations shaI1
apply to pickup and delivery trucks nor-
mally associated with business operations.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following procedures
as set forth in section 26-6(A):
(1) Automotive body and paint shops for auto-
mobiles and light-duty trucks.
(2) Electric transmission substation.
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B):
(1) Auction houses.
(2) Automobile and light-duty truck sales and
rental, subject to the requirements set forth
in subsection (B)(4), except the 1500-foot sep•
oration between sales lots dces not apply.
(3) A building contractor's service shop and
storage yazd incidental to an office/show-
room principal use. This would include caz•
penters, painters, roofers, electricians,
plumbers, heating and air conditioning can-
traciors, and similar uses which do not use
heavy equipment in the business, but, how-
ever, do have vehicles, tools, machinery and
supplies used in the business stored upon
the premises, either inside or outside, and
where some customer work may occur upon
the premises. All outside storage areas shall
Supp. No. 5
1730
ZONING AND DEVELOPMENT
§ 26-22
be screened from view from adjacent prop- cial use permit. In order to evaluate
erties and streets by a six-foot opaque wall the proposal, the applicant shall submit
or fence. Stacking of materials and sup-
plies shall not exceed the height of the f a site plan which adequately illustrates
ence.
Additionally, for uses which involve cus- location and size of all parking spaces
and drive isles and direction of traffic
tourer work and/or fabrication upon the pre-
i flow, and which shows the proposed
w
ses, no single machine shall exceed five
(5) horsepower and provided that no e pazking relative to existing structures
xces-
sive noise, vibration, dust, emission of heat, on and adjacent to the site, to adjacent
streets, and which shows point of in-
gIaze, radiation, smoke or fumes aze pro-
duced to the extent that it is dangerous gress/egress to the site.. The intent of
hi
,
hazardous or a nuisance to the reasonable t
s provision. is to, limit those areas in
which truck•tra
t
enjoyment or use of adjacent properties. c
ors and/or semi-
trailers used in commercial ventures
(4) Governmental buildings, fire stations may be pazked, and is not intended tc
,
sewer treatment plants and public utility apply to any noncommercial use of such
buildings, where outside story
ge, operations truck-tractors and/or semitrailers.
or repair facilities aze planned. park~g lot design shall meet the stan-
(5} Itinerant sales of any item permitted in this dards for truck-tractors and semi-
trailers as specified in section 26-31
district upon a parcel which is vacant or ,
Off-Street Pazking Requirements.
occupied by a permanent principal per-
mitted use; provided, however, that such In addition, the applicant shall submit
itinerant sales do not occupy required a report which addresses the following:
pazking spaces or fire lanes, do not occupy
the sight distance triangle required at the 1. Traffic impact to adjacent and sur-
intersection of two (2) streets if on a corner round street systems;
2. Noise generated on the subject site
property, aze set back at least ten (10) feet
from all property lines and do not exceed and proposed methods of miti-
thirty (30) da s' occu an
Y p cS of the same pmp- gating its off-site effects;
3. Air pollution caused by the new
chant ma docrnn, only one itinerant mer-
Y py a premises at any time development and the relationship
.
Atemporaryusepermitahallnotbeissued with ambient air poIIution in the
by the boazd of adjustment. surrounding area. Proposed
methods of controlling or reducing
(6) Woodworking or carpentry shops for the ~' pollution that aze part of the
making of articles for sale upon the pre- development concept shall be de-
mises, such as cabinets or custom furni- scribed; and
ture; provided, however, that no excessive 'f• Compatibility with adjacent land
noise, vibrations, dust, emission of heat, uses, and proposed methods of as-
gIaze, radiation, smoke or fumes aze pro- Suring compatibility, such as
duced to the extent that it is dangercus screening, landscaping, setback of
,
hazazdous or a nuisance to the reasonable orientation.
enjoyment or use of adjacent properties. Ma-
chinery shall not exceed five (5) ho (b) When used in subsection (7)(a) above,
rsepower. the following words shall have the fol-
(7) (a) Parking of more than three (3) commer- lowing meanings:
cial truck-tractors and/or semitrailers
on any parcel or lot
where such v
hi 1. "Truck tractor" means any motor
,
e
-
cles aze not related to the transporta- vehicle which is generally and com-
monly designed and used to draw
tion needs of the business conducted
thereon, shall require approval of a spe- a semitrailer and its cazgo Icad
over the public highways.
Supp. No. 5
1731
§ zs-zz
WHEAT RIDGE CITY CODE
2. "Semitrailer" means any wheeled
vehicle, without motive power,
which is designed to be used in con-
junction with struck-tractor so
that some part of its own weight
and that of its cargo load rests upon
or is carried by such truck tractor
and which is generally and com-
monly used to caiTy and transport
property over the public highways.
3. Any of such vehicles shall be con-
sidered commercial when utilized
with or as a part of a commercial
venture.
(c) Any property upon which a special use
permit is granted pursuant to subsec-
tion (E)(7) hereoFshall beconspicuously
posted to indicate the authorization For
the parking of commercial truck-
tractors and/or semitrailers thereon. It
shall be a violation of the Code of Laws
for any commercial truck-tractor and/or
semitrailer to be parked or stored upon
property not so posted. Any commer-
cial truck-tractor and/or semitrailer
parked in violation of the provisions
hereof shall be subject to the provi-
sions of section 13-2 of this Code of
Laws.
(8) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council find, in addition to the standard re-
view criteria for all special uses asset forth
in section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
(F) Development and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot area. No limitation, provided
that all other requirements can be met.
(3) Maximum lot coaer¢ge. Ninety (90) percent,
with a minimum of ten (10) percent of the
lot being landscaped.
(4) Minimum lot width. No limitations, pro-
vided that all other requirements can be
met.
Supp. No. 5
(5) Front yard setback. Fifty (50) feet minimum,
except as follows:
(a) 'T'hirty (30) feet for structures on lots or
portions of lots which abut a cul-de-sac
bulb.
(b) Thirty (30) feet where the height of the
building does not exceed thirty-five (35)
Feet, and where the front setback azea
is completely landscaped, exclusive of
ingress/egress drives on either side of a
structure.
(c) Structures on lots which abut Sheridan
Boulevazd, Wadsworth Boulevazd, Ki-
plingStreet, Wazd Road, north of West
44th Avenue and Youngrield Street
shall be setback a **+;n;mum of fifty (50)
feel.
{6) Side yard setback. Based upon the specific
site, adjacent land use and adjacent public
streets, one (1) or more of the following re-
quirements shall apply:
(a) Five (5) feet per story minimum, ex-
cept azero setback may be permitted
where structures aze constructed of ma-
sonry or nonflammable material and
in accordance with the Uniform
Building Code.
(b) In all cases, thirty (30) feet where ad-
jacent to a dedicated public street.
(c) In addition to building setback as re-
quired by subsection (a) above, where a
side yazd abuts propertyzoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, afive-foot-per-story landscaped
buffer, plus asix-foot high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(7) Rear yard setback. Based upon specific site,
adjacent land use and adjacent public
streets, one (1) or more of the following shall
apply:
(a) Ten (IO) feet for aone-story building
and an additional five (5) feet per each
additional story thereafter.
1732
-
ZONING AND DEVELOPMENT
(b) In all cases, any rear yazd which abuts
a public street shall have a m;n;mum
setback of fifteen (15) feet for all struc-
tures.
(c) In all cases, any rear yard which abuts
a public alley shall have a m;n;mum
setback for all structures of five (5) feet
from the edge of the alley.
(d) In addition to building setback as re-
quired bysubsection (a) above, where a
reaz yazd abuts property zoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, afive-Foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
Iine.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26.32.
(101 Fencing requirements. See section 26.30(I).
(Ord. No. 1989.801, § 3, 7-24-89; Ord. No. 1990-
827, § 1, 49-90)
Supp. No. 5
§ 28.23
1733
ZONING AND DEVELOPMENT § 26.21
(g) Tailoring, dressmaking, or clothing al-
teration shop.
(h) Watch and jewelry repair.
f3) Stores for retail trade as listed below;
(a) Antique store; provided, however, that
no more than two hundred (200) square
Feet of building area shall be allocated
to repair.
(b) Retail grocery/cronvenience store, Iim-
itedtofive thousand (5,000) square feet
or less for the amount of building space
devoted to•retail'use.
Sec. 26.21. Restricted Commercial District (4) Stores for retail trade, limited to two thou•
~''C)• sand (2,000) squaze feet or less for the
(A) Intent and Purpose: This district is est
b amount of building space devoted to any
a
-
lished to acxommodate various types of offic one (ll or combinations of the following re-
e uses
performing administrative, professional and per- tail space:
sonal services, and to provide for a limited range (~ Apparel and accessory stores.
of retail uses which are neighborhood oriented. It ~) Bakenes> retail
is the intent that general retail uses that serve (c) Birycle stores.
the community or region, wholesaling, ware- (d) Beok stores, newsstands, stationary
housing, industrial, and uses which require out- and card stores.
side storage or display be prohibited, since these (e) Business machine or computer stores.
uses are incompatible with other uses in this dis• (fl Camera and photographic service and
trio, supply stores.
(g) Candy, nut and confectionery stores.
fB) Permitted Principal Uses: No building or (h) Dairy products stores.
land shah be used and no building shall be here- (i) Delicatessens.
after erected, converted or structurailyaltered un- (1) E'laral stores.
less otherwise provided herein except for one (1) (k) Garden supplies stores.
or more of the fallowing uses: (1) Gift, novelty or souvenir stores.
(1) AlI uses permitted in the Restricted (m) Hobby and craft stores.
(n) Jewelry stores.
Commercial-One District as "permitted (o) Music stores.
principal uses." (p) Notions stores.
(2) Service establishments as listed below: (q) Office supply stores. .
(a) Ambulance service. (r) Optical stores.
(s) Paint and wallpaper stores.
(b) Equipment rental agencies which rent (t) Pet stores.
or lease any item permitted for sale in (u) Picture framing [shops).
this district, and where all items for (v) Shoe stores.
rent or Iease are contained within (w) Sporting goods stores.
buildings. Outside storage and display (~ Stationery stores.
are prohibited. (y) Tobacco stores.
(c) EstP*+++~*~AtOrs. (Z) Toy stores.
(d) Interior decorating shop.
(e) Locksmith shop. (aa) Television, radio, small appliance re-
(fl Shoe repair. pair and service (shops).
(bb) Video rentals.
Supp. No. 5
1723
~ zs-zi
FR-II~.AT RIDGE CTTY CODE
(5) Any similar use which, in the opinion of (3) Pharmacies and optical stores incidental to
the zoning administrator, or upon appeal of a medical or dental office when located
his decision, of the bcazd of adjustment, within the same building.
would be compatible in character and im-
pact with other uses in the district, would (4) Electric transmission or other public utility
be consistent with the intent of this dis• lines and poles, irrigaiion channels, storm
trict, and which would not be objectionable drainage facilities, and water supply facil-
to nearby property by reason of odor, dust, i`aes, and other similar facilities.
fumes, gas, noise, radiation, heat, glaze, vi-
bration, traffic generation, parking needs, (5) Temporary Christmas tree, produce and
outdoor storage or use, or is not hazazdous bedding plant sales lots are permitted on
to the health and safety of surrounding undeveloped pazcels, or upon developed paz-
azeas through danger of fire or explosion. cell, subject to the following requirements:
(C) Permitted Accessory Uses and Accessory (a) Temporarysaieslotsshallbepermitted
for no more than ninety 190) days.
Buildings: `bi If located upon a pazcel which is occu-
(I) Residential uses in commercial zones shall pied 6y a primary use, the temporary
be allowed under the following conditions: sales azea shall not occupy required
pazking spaces or fire lanes, and shall
(a) Residential use shall be located only not be located within the required sight
on a floor other than the ground floor, distance triangle of the intersection of
or if located on the ground floor, re- two (2) streets.
stricted to the rear half of the building. (c) If located upon an undeveloped pazcel,
(b) Residential dwelling density shall not adequate off-street parking azea for the
exceed one (1) dwelling unit for each use must be provided.
five thousand (5,000) square feet of lot (d) Temporary fences, signs, structures and
area. other improvements associated with
(c) Residential dwelling units shall be no the use shall meet all zoning and
less than five hundred (500) square feet building code requirements. .
each. (e) No such temporary sales lot shall oc-
(d) Parking shall be supplied at the rate of copy a parcel without first having re-
one (1) space per three hundred (300) ceivedanadministrativetemporaryuse
square feet of floor azea. permit, business license, sales tax li-
(e) Where it is intended to convert an ex• tenses, and building permit(s) as may
fisting residential structure, either paz- be required by the City of Wheat Ridge.
tially or wholly to a commercial use, (f) Any similar use which, in the opinion
then commercial development Stan- of the zoning administrator, or upon
dazds shall be applied for pazking, Land- appeal of his decision, of the board of
soaping and residential buffering. Any adjustment, would be compatible in
changes to building floor area shall character and impact with other uses
fully comply with all commercial de• iathedistrict,wouldbewnsfstentwith
velopment standards. the intent of this district, and which
(fl No new residences as aprimary or prin- would not be objectionable to nearby
cipal use shall be aIIowed. property by reason of odor, dust, fumes,
gas, noise, radiation, heat, glaze, vibra-
(2) Food services primarily for the occupants tion, traffic generation, parking needs,
of a building containing a permitted use, outdoor storage or use, or is not haz•
when located within the same building. Res. azdous to the health and safety of sur-
taurants for general service to the public is rounding areas through danger of fire
not permitted as an accessory use. or explosion.
supp. No. 5
1724
ZONING AN]
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission and city council, fol•
lowing procedures as set forth in section 26.6(A):
(1) Electric transmission substations.
(E) Special Uses: The fallowing uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city crouncii, following
procedures as set forth in section 26.6(B):
(1) Clinics forpsychologicaI, social, marital, de-
velopmental or similar counseling and
treatment, including counseling and treat-
ment for substance abuse and alcoholism;
including both residential and nonresiden-
tial facilities.
(2) Golf ceurses, including private clubs, res-
taurants and lounges, driving ranges, min-
iature golf, and those uses commonly ac-
cepted as accessory thereto when located
on the same premises.
DEVII.OPMENT § 2621
(6) Hardwaze stores, limited to two thousand
(2,000) square feet or less for the amount of
the building space devoted to the retail use.
(7)' Laundry and dry cleaning shoes.
(8) Meat, poultry or seafood stores, limited to
two thousand (2,000) square feet ar less for
the amount of the building space devoted to
the retail use.
(9) Mortuaries and crematoriums.
[10)
Restaurants or cafes, where food and bev-
erages aze ordered, served and consumed
at a table or counter on the premises, or aze
taken•out to be consumed off of the pre•
raises. Drive•in or drive-up restaurants are
not permitted. If approved by the Wheat
Ridge Liquor Authority, beer and wine only
may be permitted only if served with a meal.
The intent is to prohibit a lcunge or tavern
in conjunction with a restaurant, but to
allow beer or wine only to be served with a
meal
(3) Governmental buildings, fire stations,
sewer treatment plants and public utility (11)
buildings where outside storage, operations
or repair facilities are planned.
(4) Greenhouses and landscape nurseries,in-
cluding both wholesale and retail sales of
related products; provided, however, that
bulk storage or piles of materials, such as
manure, peat, top soil, rock, sand, firewood
or similar material, aze screened from view
from adjacent properties by a view ob-
scuring fence six f6) feet is height. Bulk
storage or piles of such materials shall not
be permitted within a front yazd setback
and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abets
residentially zone property, or where zoned
Agricultural and there is a residential struo-
tore within fifteen (15) feet of the common
property line.
(5) Grocery stores, which may include no more
than one (1) gasoline service island with no
more than two (2) dispensing pumps, lira.
ited to five thousand (5,000) squaze feet or
leas for the amount of the building space
devoted to the retail use.
Residential group homes for nine (9) or more
developmentally disabled persons or eld•
erly persons. (See section 26-30(P) and sec-
tion 26-5J
(12) Residential group home for children. (See
section 26.30(P) and section 26.5.)
(13) Rooming and boardinghouses.
(14) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council find, is addition to the standard re-
viewcriteria for all special uses as set forth
is section 26.6(B), that a specific site is
uniquely appropriate for the use proposed.
(F) Deoelopment and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot area. No limitation, provided
that all other requirements can be met.
(3) Maximum Iot coverage. Ninety (90) percent,
with a minimum of ten (10) percent of the
Iot being landscaped.
Supp. No. 6
1725
§ 26.21 WfD•,P.T RIDGE CITY CODE
(4) Minimum Zot width. No limitations, pro- (a)
vided that all other requirements can be
met.
(b)
(5) Front yard setbacks. Fifty (50) feet min-
imum, except as foilc:~s:
(a) Thirty (30) feet for structures on lots or
portions of lots which abut a cal-de-sac
bulb.
(b) Thirty (30) feet where the height of the
buildingdoes not exceed thirty-five (35)
feet, and where the front setback azea
is completely landscaped, exclusive of
ingressiegress drives on either side of a
structure.
(c) Structures on lots which abut Sheridan
Boulevard, Wadsworth Boulevazd, Ki-
pling Street, Ward Road north of West
44th Avenue, and Youngfxeld Street
shall be setback a minimum of fifty (50)
feet.
(c)
(d)
Ten (10) feet for aone-story building
and an additional five (5) feet per each
additional story thereafter.
In all cases, any rear yazd which abuts
a public street shall have a minimum
setback of fifteen (15) feet for all struc-
tures.
In all cases, any rear yard which abuts
a public alley shall have a minimum
setback for all structures of five (5) feet
from the edge of the aIIey.
In addition to building setback as re-
quired by subsection (a) above, where a
rear yard abuts property zoned residen-
tial, or where zoned Agrieulturai and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, a five-foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(6) Side yard setback. Based upon the specific (g) parking requirements. See section 26.31.
site, adjacent land use and adjacent public
streets, one (1) or more of the fallowing re- (9) Landscape requirements. See section 26-32.
quirements shall apply: (10) Fencing requirements. See section 26-30(A.
(a) Five (5) feet per story minimum, ex-
cept azero setback may be permitted
where structures are constructed of ma-
sonry or nonflaxntnable material and
in accordance with the Uniform
Building Code.
(b) In all cases, thirty (30) feet where ad•
jacent to a dedicated public street.
(c) In addition to building setback as re-
quired bysubsection (a) above, where a
side yard abuts property zoned residen-
tial, or where zoned agricultural and
there is a residential structure within
Fifteen (15) feet of the commercial prop-
erty, afive-foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(11) Sign requirements. See Wheat Ridge Code
of Laws, Chapter 26, Article IV.
(Ord. No. 1989-796, § 2, 7-24.89; Ord. No. 1990-
827, § 1, 4-9.90)
(7) Rear yard setback. Based upon specific site,
adjacent land use and adjacent public
streets, one (1) or more of the following shall
apply:
Sapp. No. 5
1726
Sec. 26.19. Reserved.
Sec. 26-20. Restricted Commercial-One Dis•
trio (RC-1).
(A) Intent ¢nd Purpose: This district is estab-
fished to provide for a reasonably compatible tran-
sition betweearesidential and more intensive wm-
mercialland uses. It provides for residential scale,
neighborhood-oriented professional offices and ser-
vices which, by their nature and through design
limitation, will promote neighborhood stability
and protect neighborhood values and character.
The district also provides limited neighborhood-
oriented retail uses by special use approval.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(1) Art galleries or studios.
(2) Banks, loan and finance offices.
(3) Clinics and offices for psychological, social,
marital, developmental or similar coun-
seling and treatment, including ccunseling
and treatment for substance abuse and al-
coholism; however, not including residen-
tial facilities or residential treatment.
Supp. No. 5
1719
- -
§ 26.20 WFDrAT RIDGE CITY CODE
(4) Community buildings, Y.M.C.A's, Y.- (14) Any similar use which, in the opinion of
W.C.A's, churches, libraries, parks, mu• the zoning administrator or, upon appeal of
~eums, aqu.~^iums and art galleries. his decision, of the board of adjustment,
(5) Golf courses (but not including miniature would be compatible in character and im•
If or uttin ran es drivin ran es _
~ P g g g g ' Pn P~ with other uses in the district, would
vate clubs or restaurants) and those uses be consistent with the intent of this dis-
commonly accepted as accessory thereto ~~ and which would not be objectionable
when located on the same premises. ~ ; earby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vi-
(6) Government or quasi-governmental build- bration, traffic generation, pazking needs,
ings and offices or public utility building outdoor storage or use, or is not hazardous
where outside storage, operations or repair to the health and safety of surrounding
facilities are not planned. areas through danger of fire or exolosion.
(7) Homes far the aged, nursing homes and con- (C) Permitted Accessary Uses and Accessory
gregate care homes. Buildings:
(8) Medical and dental offices, clinics or labo-
ratories.
(9) Offices, general administrative, business
and professional.
(10) Parking of automobiles of clients, patients,
patrons or customers of the occupants of
adjacent commercial districts.
(1) Food services primarily for the occupants
of a building containing a permitted use,
when located within the same building.
(2) Electric transmission or other public utility
Lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(11) Schools; public, pazochial and private (in• (3) Residential uses in commercial zones shall
cluding private, vocational trade or profes- be allowed under the following conditions:
sional schools), colleges, universities, pre•
schools and day nurseries (including those (a) Residential use shall be located only
uses commonly accepted as necessary oa a floor other than the ground floor,
thereto when located on the same premises). or if located on the ground floor, re-
stricted to the rear half of the building.
(12) Service establishments as listed below: (b) Residential dwelling density shall not
(a) Hair, nail and cosmetic services. exceed one (1) dwelling unit for each
(b) Interior decorating shop where goods, flue thousand (5,000) square Feet of Iot
except samples, are not stored upon the azea.
premises (c) Residential dwelling units shall be no
(c) Pickup stations for laundry and dry less than five hundred (500) square feet
cleaning. each.
(d) Shoe repair. (d) Parking shall be supplied at the rate of
(e) Studio for professional work or teaching one (1) space per three hundred (300)
of fine arts, photography, music, drama square feet of floor area.
or dance. (e) Where it is intended to convert an ex-
(fl Tailoring, dressmaking or clothing al- fisting residential structure, either paz-
teration shop. Bally or wholly, to a commercial use,
(g) Watch and jewelry repair. then commercial development stan-
dardsshall beapplied for pazking,land-
(13) Residential group homes for eight (8) or soaping and residential buffering. Any
fewer developmentally disabled persons, changes to building floor azea shall
mentally ill persons or for elderly persons. fully comply with all commercial de-
(See section 26-30(P) and section 26-5.) velopment standards.
Supp. No. 5
1720
-
ZONING AND DEVELOPMENT
(B No new residences as a primary or pry.
cipal use shall be allowed.
(4} Pharmacies and optical stores incidental to
a medical or dental office within the same
building.
(5) Other similar uses or structures as approved
by the zoning administrator or board of ad•
justment and when in conformance with
standards and requirements set forth for
similar uses.
§ 2620
from adjacent properties by a view-
obscuringfence six (6) feel in heighi. Bulk
storage or piles of such materials shall not
be permitted within a front yard setback
and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
residentially zoned property, or where zoned
Agricultural and there is a residential struc-
ture within fifteen (15} feet of the common
property line.
(D) Conditional uses: The following uses shaII (6) Laundry and dry cleaning shops.
be permitted only upon approval of the Wheat (7) Locksmith shops.
Ridge Planning Commission and city council
fal-
,
lowing procedures as set forth in section 26-6(A): (8) Mortuaries and crematoriums.
(1) Electric transmission substations. (9) Rooming and boardinghouses.
(E) Special Uses: The following uses shall be X10) Small animal veterinary hospitals or clinics
permitted only upon approval of the Wheat Ridge '%~here there aze no outside pens or runs.
Planning Commission and city council, following
procedures as set forth in sectio
26
6 (Il) Stores far retail trade, limited to two thou-
n
-
(B): sand (2,000) square feet or less
for the
(1) Blueprinting, photostatic copying, and other
similar reproduction services- however, not ,
amount of building space devoted to any
one (1) or combinations of the following re-
incIuding lazgeprinting, publishing and/or tail use.
book binding establishments. Such uses
shall be limited to no more than two th
(a) Antique stores.
ou-
sand (2,000) square feet of buildin ~) Apparel and accessory stores.
g space
devoted to any one (1) or a combination of (°) Bakeries, retail.
(d) Bi
these uses. cycle stores.
(2) Clinics for residential counseling and treat- (e) Book stores, newsstands, stationary
sad card stores.
meat of psychological, social, maaz-ital and (t1 Business machine or computer stores
developmental problems, and for substance .
(g) Camera and photographic service and
abuse and alcoholism. supply.
(3) Golf courses, includin
g private clubs (h> Candy, nut and confectionery stores.
, res-
taurants and lounges, and those uses com• (i) Dairy products stores.
~) Delicatessen
monly accepted as accessory thereto when
located on the same premises s.
(k) Floral stores.
. (1) Garden supplies stores.
(4) Governmental buildings, fire stations (m) Gift, novelty or souvenir stares.
sewer treatment plants and public utility (n) Bobby and craft stores.
buildings where outside storage, operations (o) Jewelry stares.
or repair facilities are planned, (p) Music stares.
(5) Greenhouses and landscape nurseries, in-
chiding both wholesale and ret
il (q) Notions stores.
(r) Office supply stores.
a
sales of
related products; provided however
that (s) Optical stores.
(t) P
i
,
bulk storage or piles of materials, such as a
nt and wallpaper stores.
(u) Pet stores
manure, peat, top soil, rc
ck, sand, firewood
or similar material, are screened fr
i '
(v) Picture framing [shops).
om v
ew (w) S ortin
P g goods stores.
Supp. No. 5
1721
§ 26.20 WHEAT RIDGE CITY CODE
(x) Shoe stores. shall be set back a minimum of fifty
(y) Stationery stores. (50) feet.
(z) Television, radio, small appliance re-
pair and service [shops). (6) Side yard setback. Based upon the specific
(aa) Tobacco stores. site, adjacent land use and adjacent public
(bb) Toy stores. streets, ane (1') or more of the following re-
(cc) Video rental stores. qufrements shall apply:
(12) Retail neighborhood grocery/cronvenience (a) Five (5) feet per story minimum, ex-
store,limited tofive thousand (5,000) square cept a zem setback may be permitted
feet or less for the amount of building space where structures are constructed of ma-
devoted to retail use. sonry or nonflammable material and
in accordance with the Uniform
(13) Residential group homes for nine {9) or more Building Code.
developmentally disabled persons or eld- (b) In all cases, thirty (30) feet where ad-
erly persons. (See section 26-30(P) and sec- jacent to a dedicated public street.
tion 26.5.) (c) In additional to building setback as re-
(14) Residential group home for children. (See q~-ed by subsection (a) above, where a
section 26.30(P) and section 26.5.) side yazd abuts property zoned residen-
tial, or where zoned Agricultural and
(15) Any other use not specifically listed in this there is a residential structure within
di"strict may be permitted as a special use fifteen (15) feet of the commercial prop-
where the planning commission and city erty, alive-foot-per-story landscaped
council find, in addition to the standazd re- buffer, plus asix-fact-high solid deco-
viewcriteria for all special uses as set forth rative wall or fence, shall be required
in section 26.6(B), that a specific site is between the building and the property
uniquely appropriate far the use proposed. line.
(F) Deuelopmerzt ¢nd Use Regulations: ('n Rear yard setback. Based upon specific site,
adjacent land use and adjacent public
(1) Maximum height. Thirty-five (35) feet. streets, one (1) ormore of the following shall
(2) Minimum lot ¢re¢. No limitation, provided apply:
that all other requirements can be met. (a) Ten (10) feet for acne-story building
(3) Maximum Zot coverage. Ninety (90) percent, and an additional five {5) feet per each
with a ~*+;*+;*'+um of ten (10) percent of the additional story thereafter.
lot being landscaped. (b) In all cases, any rear yard which abuts
a public street shall have a minimum
(4) Minimum lot width: No limitations, pro- setback of fifteen (15) feet for all struc-
vided that all other requirements can be tares.
met. (c) In all cases, any reaz yazd which abuts
(5) Front yard setback: Thirty (30) feet min- a public alley shall have a minimum
imam, except for-
- setback far all structures of five (5) feet
fmm the edge of the alley.
(a) Structures on Lots or portions of lots (d) In addition to building setback as re•
which abut a cal-de-sac bulb, then the quired by subsection (a) above, where a
setback maybe reduced to twenty (20) rearyazd abuts property zoned residen-
feet. tial, or where zoned,Agricultural and
(b) Structures on lots which abut Sheridan there is a residential structure within
Boulevazd, Wadsworth Boulevard, Ki- fifteen (15) feet of the commercial prop-
pling Street, Wazd Road north of West erty, alive-foot•per-story landscaped
44th Avenue, and Youngfield Street buffer, plus asix-foot•high solid deco-
Sapp. No. 5
1722
ZONING AND DEVELOPMENT
rative wall or fence, shall be required
between the building and the property
line.
(8) Parking requirements. See section 26.31.
(9) Landscape requirements. See section 26-R2.
(IO) Fencing requirements. See section 26.30(p.
(11) Sign requirements. See Wheat Ridge Code
of Laws, Chapter 28, Article 1V_
(Ord. No. 1989.801, § 1, 7-2489; Ord. No. 1990-
827, § 1, 49.90)
§ 2621
1723
PARCEL "C„
i
O 100
~~~
50
SCALE: 1"=100'
(EXISTING HIGHWAY RIGHT-OF-WAY)
LOT 1
I
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I
I
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I
® ~s9a syn. ter. ~4z°~
S
J /
/ / / /
55 30 / / / /
/ / /
PARCEL "C'
45,176 S.F. '
1.037 AC.
/ / / /
////
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//o/
//~/
//W/
/ /~
/ i,~ °'
/ / .W'
~
~, / ,~
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~ / / i
w /~/~
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f~ /ry/
u/ /z/
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/ / /~/
/ / / /
~ I ~S 89' 39'
I
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70 WEST.
BUSIN~SS CENTER
I
I ~ ~ I LOT 2
15556. SAS. FT.
I I LOT 7 I
I I
I ' ' I
I I - - - - - -
I I
I I
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I ~ ~~ °I LOT 3
I ~` ; I
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5 89' 43' 30" W
u
0
- I- - - °o / / p 79
~~ -S 86' 32' 36_W. 725.70' _ - - - - -
P. 0. B. N 89' 43' 30" E
29.00'
WEST QUARTER CORNER - PARCEL ,.C.,
SEC. 29, T.3 S.,R.69 W., 6TH P.M. WEST 3211(. AVENUE
E-~
;;~
~\
3B' 39' 00' W
- - - -~ W r - - - - - - -
I ~ i
I ~ I QFRASIER ENGINEERING CO.
I ~ I O E o3G7sN EEA RVARD, suRe io~ORS
~ Zi 1 ~ DENVER, COLORADO 80231
'~ (303) 757-91St \70W8C\PARCELC
'-' 10-22-91
N 3-11-92
4-03-92
,~
® MEMORANDUM
Approved Date
To:
From:
Date:
City Council
Bob Goebel, Director of Public Works`f`X~f
June 19, 1991
Subject: I-70 Frontage Road at 32nd Avenue
2n February, we had a public meeting to discuss alternative
alignments of the I-70 frontage road at 32nd avenue through the
Richter property. Several alternatives that we had not consid-
ered were thought of at the meeting and since have been reviewed.
It Baas initially staff's recommendation to relocate the frontage
road to align with Zinnia Street, so that if a signal is required
in the future, it can be properly spaced and coordinated with the
signals at Youngfield and the I-70 off ramp.
One alternative that we investigated at length was the widening
of 32nd Avenue to allow better movement and stacking of traffic
through the signals. In fact, this would provide the same level
of service on 32nd Avenue as if we were to relocate the frontage
road to align with Zinnia.
Y7e presented this alternative to 'the Highway Department and they
stated that they cannot support this option because of future
volumes using the off ramp. They stated that the frontage road
must be relocated.
The greatest concern of the adjacent residents was noise if the
road were to be relocated. We spoke with the noise "expert" at
CDOH and asked for suggestions and help. He suggested that we
replace the 6' cedar fence on the berm with a concrete block or
solid wall of some type. He stated that in his professional
opinion, the noise would be less after this wall installation and
frontage road relocation than it is now in its current configura-
tion.
I have attached a cost estimate prepared by our engineering staff
for your review.. We had budgeted the 1991 local streets fund for
this project, however we used that money for the completion of
38th Avenue. I will suggest in the 1992 budget, that we use the
1992 local streets fund for this project. Plans will be prepared
by Mr. Richter's engineer and will be completed for an early
spring bid.
ri, .
It is difficult, if not impossible, to satisfy all the concerns
of all the parties involved. We sincerely believe that this
alignment and sound wall will...
-satisfy the concerns of CDOH by relocating the frontage
road.
-satisfy the concerns of the property owner by providing a
large developable parcel
-satisfy the adjacent owners concerns by reducing the sound
projection from its current levels
-satisfy the City's concerns by allowing traffic in the area
to become less congested thereby increasing the safety of
the drivers.
Suggested Motion:
"I move. that the frontage road of I-70 at 32nd Avenue be relocat-
ed as shown and that 6' solid sound wall be constructed in place
of the 6' wood fence on top of the existing berm as part of the
project."
'' °P.O.BOX 638 - ~ TELEPHONE 303i 237-6944 -C`~ O{
7500 WEST 29TH AVENUE • WHEAT R1DGE. COLORADO 80034 cWheat
Ridge
June 20, 1991
Mr. Bob O'Connell
11983 West 27th Drive
Lakewood, Colorado
Re: Item 13 - Motion for I70 Frontage Road at 32nd Avenue
Dear Mr. O'Connell:
On Monday, June 24th at 7:30 p.m. in the Wheat Ridge Council
Chambers, the Wheat Ridge City Council will make a decision as to
the frontage road at 32nd Avenue. 16 other items are alsc on
this agenda and it may be a late evening, however you are invited
to attend and voice your agreement or opposition to the project.
At the public meeting held on the 14th of February, many sugges-
tions were provided to us. for review. We have reviewed each in
depth and have found that the widening of 32nd Avenue would give
the same level of service to 32nd Avenue as the relocation of the
frontage road. We presented this to the highway department and
they have stated their strong objection to leaving the frontage
road in its current location due to the future traffic volumes on
I-70 and the off ramp.
To address -the concerns of the residents in the immediate area,
we are proposing that the 6' wood fence on top of the berm be re-
moved and replaced with a 6' solid masonry or precast concrete
wall to provide a sound barrier. CDOH has stated that this wall
will reduce the noise to less than current levels even with the
relocation of the road.
Our recommendation to City Council then will be re-align the
frontage road to Zinnia Street. The west edge of the roadway
will be 33 feet east of the property line adjacent to the homes
and 21 feet east of the neva solid sound wall. The top of the
wall will be 10 feet above the roadway. The new road will then
curve east between the Restaurant and Motel and tie into the
existing frontage road at that location.
We believe that this alignment, along with the berm and solid
sound wall is a workable compromise.
"The Carnation City"
> ~
' ~
Mr. Bob O'Connell
Page 2
If you wish to speak at the meeting, please sign the sheet prior
to the start of the meeting. Please call me at 235-2860 or John
Oss at 235-2863 respectively, should you have any questions.
fiery truly yours.
Bob Goebel,
Director of Public Works
City Engineer
BG: c~v
6209117D.BG
CITY L'OUNCIL MINUTES: June 24, 1991 Page -7-
Item 10. Resolution 1255 - authorizing the Mayor to sign the Inter-
governmental Agreement between the City cf Wheat Ridge, City
cf Edgewater, anc the Urban Drainage and Flood Control
District entitled "Agreement regarding design, right of way
acquisition and ranstruction cf' drainage and floors control
improvements to north branch upper 51oan Lake, Edgewater and
'Wheat Ridge."
Resolution 1255 was introduced by Nlr. Merkl; title read by the Clerk.
Motion by Mr. Merkl For the adoption of Resolution 1255; seconded by Mr.
5elstad; r_arried 6-0.
Item 11. Resolution 1256 - authorizing use of the public right of way by
the Wheat Ridge Carnation Festival, Inc., to post signs exempt
from regulation advertising the hheat Ridge Carnation Festival.
Resolution 1256 was
Motion by Mr. Merkl
Davis;' carried 6-0.
Item 12. Resolution
Wheat Ridg
Space Fund
introduced by t<:r. Merkl; title read by the Clerk.
for the adoption of Resolution 1256; seconded by Mr.
1257 - authorizing reimbursement from the City of
:'s attributable share of the Jefferson County Open
for Parks and Open Space Development.
Resolution 1257 was introduced by Mr. Shanley; title read by the Clerk.
Mr. Wardle asked that under reimbursement "Coin envelopes" be stricken
and that the total amount would then amount to 536,646.90.
Motion by Mr. Shanley that Resolution 1257 authorizing payment from
Jefferson County Open Space be approved, and the Mayor be authorized to
sign the intergovernmental agreement entitled "Request for Reimbursement
and Certification of Use of Funds" which is required by Jefferson County
Open Space before payment from the City of Wheat Ridge's attributable
share r_an be released; seconded by Mr. Merkl; carried 6-0.
Item 13. Notion re: 2-70 Frontage Road at 32nd Avenue.
Mr. Goebel gave the staff report, read a letter from the Highway
Department into the record supporting the relocation of the frontage
road, and answered Council's questions.
Harvey Morlan, 13146 W• 33rd Avenue, stated that the plan as presented
will cut within 33 feet of his side-yard; it will damage the patio of
his property due to the increased noise and fumes; urged Council to
consider a plan that will do the least amount of damage to the property
owners.
CIT'L COUNCIL hiINUTES: dune 24, 1991 t'age -fi-
J
Robert Geschrei, 3301 Ycungfield Street, representing La Guinta rotor
Inns, refered tc the letter that was faxed today by La Guicta tc Council
and 'coo Goebel. He read that let~~~r into the record. The letter
expressed concern that a private nrive was being turned into a public
roadway; this plan was the least desirable cf all the possibilities
presented; will pose a safety hazard and present a hardship to the motor
inn and its guests; shelve this item for further study.
Chere Hitt, 3239 Zinnia Court, asked that the City work with the Highway
Department and the County to get another access read cut of this area.
Bob Kessler, Attorney representing Mr. Richter, wanted to t;o cn record
to say they support the proposal.
Michael Garcia, 3229 Zinnia Court, was concerned about the traffic light
that might be put on Zinnia Street sometime ~ the future; noesn't agree
with the road, too far to t",e north, south t. the Cafe would be a much
better proposal.
Brad Brauer. 323$ Zinnia Court, concerned about the location cf the road
asked that Council renonsider; appreciated the idea of a masonry
barrier, but asked that it be higher than 10 Feet; .arrier should be in
plane prior to r_onstruction of the roadway. `
Connie Mauldin, 3195 Zinnia Street, asked that the traffic from the
frontage road merge with the I-70 off-ramp. If it were one-way it would
eliminate the need for a traffic light. The access into the Richter
property would be one-way turning in.
Clark Brown, 327E Zinnia Court, asked Council to carefully weigh all the
Facts and to give consideration to the neighbors.
Karen Edeli, 3229 Zinnia Court, asked that Council delay action on this
item; was concerned about pollution, dust and noise.
Motion by hlr. Merkl that the frontage road of I-7.0 at 32nd Avenue be
relocated as shown and that a 8' solid sound wall be constructed in
place of the 6' wood fence on top of the existing berm as part of the
project; seconded by Mr. Davis.
Discussion followed.
Mr. Davis made a friendly amendment to make the wall 10'. Mr. h;erkl
accepted this. Motion carried 5-1 with Mr. Selstad voting tJo.
J
•
CITt COUNCIL MINUTES: June 24, 1991
Fags -10-
J
Motion by N^,r. Eafanti that the :.annscaoe Architectural Services Contract
for the Pedestrian/Bike Trail at 41st and Kipling Froject, (RFP ii91-C04)
be awarded to Howard needles Tammen & 5ergendoff in the amount cf their
proposal cf 59,265.77, with all ^osts to be nharged to Acct. ;Jo.
32-601-862; seconded by C•?r. Edwards; carrieo 6-0.
Item 17. Motion re: Election judges for the November 5, 1991 election.
Nioticn by Mr. Merkl that the list of election judges be approved as
printed; seconded by Mr. Davis; carried 6-0.
Item 18. Decision regarding the Y,heat Ridge polling places for the
November 5, 1991 election.
Motion by Mr. 19erk1 to accept the Polling Places as printers and that in
District IIZ we use Wheat Ridge Evangelical Lutheran Church, 0600 W.
38th Avenue and Glory of ~;od Lutheran C:nurch, 12300 W. 38th i,venue;
seconded by Mr. Edwards; ~arrie~ 6-0.
Motion by NIr. Selstad to go "past
carried 4-2 with Mr. Shan'.ey ann
CITY ADMINISTRATOR'S MATTERS
11:00 p.m.; seconded by Mr. Edwards;
N:r. Davis voting No.
Bob Goebel clarified the motion on Item 13 --is the height cf the wall
extended to 10' and the length cf the berm also extended? The answer
,h was yes.
Mr. Goebel asked Council's directive as to what to do regarding a pump
station on 35th & Fenton. Motion by Mr. Selstad to have a city crew or
city contractor go in and dig a hole to determine the flow; seconded by
Mr. t+ierkl; carried 5-1 with NIr. Davis voting iJo.
ELECTED OFFICIALS' MATTERS
Kent Davis asked about the planters for 38th Avenue. Mr. Goebel has
some information on this and will make sure N?r. Davis gets it.
Ron Selstad thanked Public Works for working on some flooding problems.
He informed everybody of a neighborhood meeting at the O1de Firehouse on
Thursday night--everybody is wel^ome to come.
Motion by Mr. Selstad that the Grdinance for any urban renewal area
designates by Council go to a vote of the people be brought in for first
reading at the next Counr,il meeting; seconded by Mr. Edwards; failed 3-3
with Councilmembers Eafanti, Selstad and Edwards voting yes.
,
7500 ~N E3T '_~T4 AVENUE
R.o. soxa3s - The City of
WHEAT RIDGE. CO 8QC3~ On38 X3031 23--.SCC Wheat
City Admin. Fsx r 234-5,2» Poiice Dect. Fax = 235-_~'° ~idge
July 29, 1992
Mr. Lawrence J. Corcoran, P.E.
Traffic Operations Engineer
Colorado Department of Transportation
District 6 - Traffic
2000 South Holly Street
Denver, Colorado 80222
Re: Youngfield service road relocation at 32nd Avenue/S-LS.O1-92
Dear Larry:
Persuant to our meeting at your office on July 27, 1992, 2 spoke
with our Planning Director Glen Gidley, regarding the rezoning of
the parcel to be abandonded by the CDOT to faclitate the relocation
of the Frontage Road to 32nd and Zinnia. We will need a letter
signed by the appropriate CDOT official autho,-izing the City of
Wheat Ridge to persue rezoning on the parcel (with attached legal
description) to a PCD with full knowledge and approval of the CDOT.
This letter would then be made an attachment to application by the
City to rezone the parcel. The process will take approximately 2
months to complete.
We look forward to receiving this letter and appreciate your
cooperation in this project. Please call me if you need more
information.
Very truly, ~ --"
-,•~
,~„
Bob Goebel, P.E. ~''~"-
Director of Public Works
Civil Engineer
BG:cs
u
F.
MEMORANDUM
DEPARTMENT OF HIGHWAYS
District 6
2000 South Holly Street
Denver, Colorado 80222
(303)757-9011
DATE: August 10, 1992
~ 6~1181~9202j,
Ta~ PAIIL FORSTER - RIGHT-OF-'WAY ~
ti AUG 1992
~ DIST.6
LOUIS E. LIPP 6~ R. O. W.
FROM:
2-70
SUBJECT:
Attached is a copy
Wheat Ridge we rec~
abandoned by CDOT.
to your office for
when it came in.
S ~T OIH
;t~!p~~~
",r`1~8
- 32nd LAND SAAP '~~Zl_I~ ~-
of the July 29, 1992 letter from the City of
aived regarding rezoning of the parcel to be
It appears the letter should have been sent
handling. I believe Larry sent copies to Dave
I am assuming that the rezoning is to be handled by you or Staff
but please contact me or Larry Corcoran if our assistance is
needed.
LOUIS E. LIPP
Traffic & Safety Engineer
LJC/jeg [I7-0-32]
cc: Vidal - Reisbeck
L. Corcoran [Operations]
B. Goebel, Wheat Ridge
File - RF
P.O. BOX 638 ~ TELEPHONE: 303/237-6944 Th~iry Of
7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 G~L eal
Ridge
August 22, 1991
Lars R. Runnerstrom
Applewood Property Owners Association
14525 Crabapple Road
Golden, Colorado 80401
Dear Mr. Runnerstrom:
The frontage road relocation project at Youngfield at I-70 is
currently in the design phase and as soon as plans are available,
you will receive a copy.
We have had two public meetings concerning the relocation of this
frontage road. Both were advertised in the Wheat Ridge Sentinel
as required by law. We also went beyond that requirement and
hand carried fliers -f_or both meetings to homeowners in the
vicinity of the project. Both meetings were well attended by
residents and were productive. Additional sound walls were a
direct result of the meetings and will be installed as a part of
this project between the road's new location and the back lot
lines of residential property adjacent to the Richter property.
I will be happy to send you notice when another project is
planned in the area. However, I have no idea what the boundaries
of the APOA nor that it even existed prior to our phone conversa-
tion. None of the residents mentioned its existence at the
public meetings. Please send me boundary map of the association.
Very truly yours,
~-w U~~~~ K-~
Robert Goebel, P.E.
Director of Public Works
City Engineer
RG:cw
cc: File - projects S-LS.O1-91, Frontage road
relocation 32nd at I-70
82291RG.LRR
"The Carnation City"
P.O. BOX 638 TELEPHONE: 303/237-6944 The Cify of*
7500 WES7 29TH AVENUE WHEAT RIDGE, COLORADO 80033 - ~~ j~eal
Ridge
December 9, 1991
Mr. George Eisenhoffer, PE
Corporate Engineer .
La Quinta Motor Inns
10010 San Pedro Avenue
San Antonio, Texas 78216
Re: Relocation of Youngfield Service Road (I 70)
Project S-LS.O1-92
Dear Mr. Eisenhoffer,
After several public meetings
alternatives for relocation of
the Wheat Ridge City Council
the new alignment between the
Country Cafe restaurant to the
and much discussion of the several
the i 70/Youngfield Service Road,
chose the alternative that routes
La Quinta Inn on the north and the
south.
The City and Mr. Richter's engineer have started the process of
roadway design. The roadway alignment has. been established
and preliminary plans are in the review stage. We will forward a
copy of the plans and appropriate right of way documents to you
as soon as the required changes are completed.
We have serious concerns about the safety of both pedestrian and
vehicular traffic in the area between the Country Cafe and the
Inn. We are proposing the following activities during design and
construction to address these concerns:
1. We are proposing to reconstruct the existing pedestrian
sidewalk that crosses the landscaped berm on the south side
of the site to enhance handicapped accessibility. We will
also place appropriate pedestrian crossing signage and traf-
fic markings at the pedestrian crossing.
2. The landscaping at the southeast corner of the site
blocks the site distance triangle for traffic turning into or
out of the existing roadway between the Cafe and the Inn.This
landscaping is in violation of the Subdivision Regulations
addressing site distance triangles and would need to be
addressed by the Inn whether or not the service road was
relocated. Regrading and planting of low lying landscape
material will be included in the roadway project. We will
also relocate established vegetation as desired by the Inn as
much as possible.
"The Car-ncition City"
. ~ i
Mr. George Eisenhoffer
December 9, 1991
Page 2
3. The current access situation at the southeast corner of
the site is already hazardous because traffic from the north
turning into the roadway and traffic leaving the Inn can not
see each other. This situation will be exacerbated by the
roadway relocation and subsequent increase in vehicular
traffic. The problem of inadequate site distance and vehi-
cles approaching from behind a vehicle trying to exit this
egress can not be adequately addressed without limiting
access to the driveway to ingress only. We are proposing to
limit access at this point to ingress only.
We have briefly discussed the items above with the couple manag-
ing the Inn. They have requested the City relocate as much of
the landscaping in the south east corner as possible and elimina-
tion of the proposed sidewalk along the south side of the land-
scaped area.
Please contact me at 303 235 2863 as soon as possible to discuss
the various facets of the roadway realignment. I will forward an
updated set of plans, etc. as soon as they become available.
-Res~peDctfully,
~~ `~
John Oss, PE
Senior Project Engineer
JO:cs
> .
MEMORANDUM
DEPARTMENT OF TRANSPORTATION
4201 East Arkansas Avenue
Denver, Colorado 80222
(303) 757-9011
OT
~~~n
~~~~
I 70-3(8)268 Section 2
48th and Wadsworth - Mt. Vernon Canyon
170 at W. 32nd Ave. (NW Quadrant)
Parcel C
To: Robert L. Clevenger, Chief Engineer
From: Ed Tormohlen, Staff Right of Way Manager ~0~%
Date: September 16, 1992 0
Subject: Rezoning request from Wheat Ridge
In a letter to Lawrence Corcoran, Traffic Operations Engineer of the
CDOT, dated July 29, 1992 from Mr. Bob Goebel, Director of Public Works for
the City of Wheat Ridge, a request was made to have a letter of authorization
from a CDOT official made to the City of Wheat Ridge to pursue rezoning of
Parcel "C"_(See attachments).
Region (District) 6 Engineer, Guillermo "Bill" Vidal, concurs in this
request.
In the interest of safety, it is recommended to grant such authorization
to the City of Wheat Ridge conditionally. It is normal procedure to trade a
portion of a highway after a replacement facility is in place and in use.
An exchange of Parcel "C" for an area involving the new frontage road
relocation would be satisfactory. Transfer to the City of Wheat. Ridge could
be accomplished later upon their request in accordance with our normal right
of way procedures.
If you agree with the City's request to rezone this property, conditional
upon the construction of the new facility and the exchange of the existing
frontage road right of way, please indicate your concurrence by signature in
the space
I concur:
Attachment
cc: Pray
Hasselblad
'3
PARCEL "C"
(EXISTING HIGHWAY RIGHT-OF-WAY)
DESCRIPTION
A pazcel of land situated in the northwest quarter of Section 29, T.3 S., R. 69 W. of the
6th P.M., County of 7efferson, State of Colorado, described as follows:
Beginning at the southeast corner of lot 7, 70 West Business Center, whence the West
quarter corner of said Section 29 beazs S. 86a 33' 43" W. a distance of 724.88 feet;
1. Thence N. 890 43" 30" E. a distance of 29.00 fees;
2. Thence N. 79~ 09' S0" E. a distance of 194.52 feet;
3. Thence N. 06~ 31' 00" E. parallel with and 76.67 feet east of the east line of Lots 2 and 3
of said 70 Wes[ Business Center, a distance of 559.64 feat, to a point on the extension of the
north line of said lot 2;
4. Thence S. 89~ 39' 00" W. aiong the said extension of lot Z a distance of 25.00 feet;
5. Thence S. OOo 21' 00" E. a distance of 25.50 feet;
6. Thence S. 89~ 39' 00" W. parallel with and 25.50 feet south of the said extension a distance
of 55.30 feet, to a point on the east line of said lot 2;
7. Thence S. 06~ 31' 00" W. along the east line of said lots 2 and 3 a distance of 539.55 feet,
to the southeast corner of said lot 3;
8. Thence S. 89~ 43' 30" W. along the south line of said lot 3 a distance of 142.60 feet, to the
southwest corner of said lot 3;
9. Thence S. 00~ 47' 15" E. along the east line of said lot 7 a distance of 30.00 feet, to the
point of beginning;
The pazce! described above contains 45,176 squaze feat, or 1.037 acre, more or Less.
Bearings aze based on the plat of 70 West Business Center.
Prepazed by:
Frasier Engineering Company
October 22, 1991
Job Na. 3902-013
Rev. March 11, 1992
PARCEL "C"
(EXISTING HIGHWAY RIGHT-OF-WAY) !
~ LOT 1 !
!~ ~ !
M
~~ I T-- S 00 21' 25.50' _
! / / / /
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! ~ ~ ~ S 89' 39' 55.30' ~ ~ ~ ~
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! ! 1.037 AC.
30
70 WEST ~ ~ ~ ~
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I 7
! ~ 1 I I
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I 1 1 !
! ~ I LOT 7 !
! 1 I 1 ~
! 1 {I 1 !
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!
! !
! ~!
! ~ °! LOT 3
~I
i
~;
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' ! I
s es 3~ .S W-~ le~e• _ _ - /
_ ~~ _ P. 0. B/ ,
WEST QUARTER CORNER PARCEL C'
SEC. 29. T.3 S.,R.69 W., sTr+ P.M. WEST 32nd
F
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W
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29.00'
AVENUE
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2380'39' 00' W
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I ~FRASIER ENGINEERING CO.
I ENGINEERS 3c SURVEYORS
1037 E. HARYMD. SUttf 20J
i oEr+wER, co~oawo ea23+
(303) 751-9131
~lowec~rnnc^,
i0-22-a1
3-~+~aa
r
STATE OF COLORADO
DEPARTMENT OFTRANSPORTATION
Reglon 6 ~T
2000 SOUTH HOMY STREET ~_~~
Denver, Colorado 80222
~sos»s~-goii Former R.O.W. Proj. I 70-3(8)268 Section 2
I-70 @ W. 32nd Ave. (NW quadrant)
Parcel C rezoning request
Date: September 22, 1992
Mr. Bob Goebel
Director of Public Works
City of Wheat Ridge
7500 West 29th Avenue
P.O.Box 638
Wheat Ridge, CO 80034-0638
Re: Rezoning Parcel C in the NW quadrant of I-70 and W. 32nd Ave.
Dear Bob;
In response to your letter of request (dated July 29, 1992) to
Larry Corcoran of CDOT Region 6 Traffic, we have obtained the
attached original signed letter authorizing the City of Wheat Ridge
to pursue the rezoning of the currently owned CDOT Parcel C, as
depicted by the enclosed drawing and legal description.
Please proceed to accomplish this rezoning as quickly as can be
arranged.
Si cerely,
~~
David J. asselblad
Region 6 Right of Way
attach.
cc. Bob Kessler
Chuck Pray/Staff R.O.W.
Vidal/Reisbeck/Warner
Lipp/Corcoran
Rhoades/Bell/Blea
Eile/Hasselblad
~~
MEMORANDUM
DEPARTMENT OFTRANSPORTATION
4201 East Arkansas Avenue nT
Denver, Colorado 80222 ~~~
(303) 757-0011 ~~
170-3(8)268 Section 2
48th and Wadsworth - Mt. Vernon Canyon
170 at W. 32nd Ave. (NW Quadrant)
Parcel C-
To: Robert L. Clevenger, Chief Engineer
From: Ed Tormohlen, Staff Right of Way Manager ~ol%~~.,i
Date: September 16, 1992
Subject: Rezoning request from Wheat Ridge
In a letter to Lawrence Corcoran, Traffic Operations Engineer of the
CDOT, dated July 29, 1992 from Mr. Bob Goebel, Director of Public Works for
the City of Wheat Ridge, a request was made to have a letter of authorization
from a CDOT official made to the City of Wheat Ridge to pursue rezoning of
Parcel "C" (See attachments).
Region (District) 6 Engineer, Guillermo "Bill" Vidal, concuss in this
request.
In the interest of safety, it is recommended to grant such authorization
to the City of Wheat Ridge conditionally. It is normal procedure to trade a
portion of a highway after a replacement facility is in place and in use.
An exchange of Parcel "C" for an area involving the new frontage road
relocation would be satisfactory. Transfer to the City of Wheat Ridge could
be accomplished later upon their request in accordance with our normal right
of way procedures.
If you agree with the City's request to rezone this property, conditional
upon the construction of the new facility and the exchange of the existing
frontage road right of way, please indicate your concurrence by signature in
the space pyeyrdpd. ~
2 concur:
Attachments
cc: Pray
Hasselblad
7500 WEST-28TH AV ESSISE ~ Th@CII}/Of
P.O. BOX 638
WHEAT RIDGE. CO 80034-C638 (303) 234-5900 cWhe at
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
October 21, 1992
Dear property owner or area resident:
Please let this letter serve as notification of a neighborhood
meeting regarding rezoning of property at the northwest quadrant
of West 32nd Avenue and I-70.
This is a City-initiated rezoning from Agricultural-One to
Planned Commercial Development. The purpose of the rezoning is
to help facilitate the relocation of the West Youngfield Service
Road to align with Zinnia Street south of West 32nd Avenue. The
adjacent owner would like zoning of the vacated right-of-way
(currently Youngfield Service Road) to be consistent with the
rest of his property (i.e., Planned Commercial Development). See
the attached exhibit which identifies the property being rezoned.
As you will recall, the new location of the service road was
previously determined during public meetings and hearings.
The City has scheduled the neighborhood meeting for 7:00 p.m. on
October 29, 1992, in the City Council chambers in the municipal
building, 7500 West 29th Avenue.
All adjacent property owners, interested area residents and other
affected parties are invited to attend this meeting to receive
information and comment on the rezoning. Please note that this .
is an informational meeting only. The public hearing in front of
Planning Commission is scheduled for November 19, 1992.
Do not hesitate to contact me at 235-2848 for further information
regarding this matter.
Sincerely yours,
Meredith Reckert
Planner
MR:slw
attachment
<pc>mrpropowner
Ci Rrn<dvd Puryr
M E M O R A N D U M
TO: Bob Goebel, Director of Public Works
FROM: "Meredith Reckert, Planner
RE: Agreement Regarding Relocation of Youngfield Service Road
DATE: November 6, 1992
At the neighborhood meeting held on October 29, 1992, regarding
rezoning (and relocation) of the Youngfield Service Road, several
questions of clarification were raised by the attendees.
In response to the questions raised, I listened to the .tape of
the City Council hearing on June 24, 1991 regarding that issue
and have come to the following conclusions:
1. With the approved design, the western edge of the frontage
road right-of-way will be 25 feet from the Zinnia Court
residents' rear property lines. Edge of asphalt will be 33
feet away from same property line.
2. The City agreed to extend the fence and berm south to West
32nd Avenue rather than jogging west to Zinnia Court as it
currently exists. Provisions must be made for site distance
for the frontage road and Zinnia Court intersections with
West 32nd Avenue.
3. It was agreed that the fence would be 10 feet high on top of
the berm. The material for the wall was specified only once
during the motion discussion as being concrete by Kent Davis,
who amended the motion. The rest of the discussion and
motion referred to it as a "solid sound wall".
4. The neighbors also requested that the sound wall be in place
before construction of the frontage road begins.
MR:slw
cc: WZ-92-i1
' F ~ clrY ~
'; 800 WEST 29TH AVENUE ~F WHEAT RIDGE
The City of
P.O. BOX 638
WHEAT RIDGE. CO 80034-0638 ~ (303) 234- L edt
CityAdmm.Fax#234-5924 P f 235-2949 -Lodge
October 14, 1992 QdCNG & QEYELQPhGFJ~dT
The Wheat Ridge Department of Community Development has received a request
for a roval of a rezonin from A ricultural-One to Planned Commercial
at the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by October 29. 1992 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-92-11/Richter
LvC.Aiivi~: Apt+rvt. il-iia .pl'y' i2o51 iNeSt 52nd Avenue
REQUESTED ACTION; Approval of a rezoning.from Agricultural-One to
Planned Commercial Development
PURPOSE: To facilitate the relocation of the West Youngfield Service .
Road .to align with Zir_nia Street South of West 32nd Avenue
APPROXIMATE AREA: 1.037 acres
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES NO If "NO",. please explain below.
2. Are service lines available to the development?
YES NO If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES NO If "NO", please explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES NO If "NO", please explain below.
5. Are there any concerns or problems
woul ~r should affect approval of
~Qdir~Q55 'fU ~ ~4UP..viicl2. sLrpu.~
iroad ~ be Cts~~ a 32
Please reply to:
Department of Plannin
DISTRIBUTION:
XX Water District tConsolidaked Mutual XX
XX Sanitation District (Northwest)Lakewood
XX Fire District (Wheat Ridk3e
g~~-_Adjaoent City ~7efferson) Counfy_;
XX Public Service Co.
XX US West Communications ~
State Land Use Commission
State Geological Survey
X.?{ Colorado Dept. of Transportation
<pc>referralform 06-26-92
your agency has identified which
this request~a rfa~„,,,.o,~{~-fi
b~ a,(,(c~u/ec1 , n 8eccess +o -Y#~e re la #ed service.
~A-traa'LUe aS pessibiE; (a} torat1- iso'irL>~Yalviy
M. Reckert aco-3m`) .
~ & Development ,
American Cable Vision
Jefferson Co.. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Wheat Ridge Post Office
Wheat Ridge Police Dept.
Wheat Ridge Public Works Dept.
Wheat Ridge Parks & Recreation
Colorado Div. of Wildlife
Wheat Ridge Bldg. Division
~ a,„~ o-,r r„r~,~,~
it
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
District 6 Maintenance
5640 East Atlantic Place
Denver, Colorado 80224
(303) 757-9514
October 20; 1992
Meredith Reckert
City of Wheat Ridge
Dept. of Community Development
7500 W. 29th Avenue
P.O. Box 638
Wheat Ridge, CO 8003:4-0638 -
t",tTY ~F WHEAT RIDGE
~ D _..~.i~0.1] .
OCT 2 2 ]992
PLANNING & DEVELOPMENT
RE: Rezoning from- Agricultural-One to Planned Commercial
Development.(12851"W. 32nd Avenue). Case No. W2-92-11.
Dear Meredith:
We have reviewed this proposal and offer the-following:
The Colorado Department of.Transportation, City of Wheat Ridge and
the property owner of the business renter are currently pursuing
transfer of properties, so as to facilitate the relocation of the
service road. Upon transfer of Parcel "C".the.-Department will not
object to the rezoning. -
If you-have any questions, please call me at 757-9901.
Sincerely,
ORVILLE A. RHOADES
Maintenance Superintendent IIT
J~BLEA
Access-and Utility Coordinator
RJB/drg
xc: Vidal/Reisbeck
Rhoades/Bell
Prentiss ---
File (SH 70)R
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WEST QUARTER CORNER PARCEL "C"
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I ENGINEERS de SURVEYORS
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(303) 7]1-91]1
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Sec. 26.18. Agricultural:One District (A•1).
(A) Intent and Purpose: This district is established to provide a high quality, safe, quiet and stable
residential estate Iivingenvironmentwithin aquasi-rural or agricultural setting. In addition to large lot,
single-family residential and related uses, agricultural uses and activities will exist and be encouraged
to continue.
B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) One-family dwelling.
(2) Parks, noncommercial playgrounds or other public recreation use.
(3) General farming and the raising or keeping of stock, bee keeping, poultry or small animals such
as rabbits or chinchillas. The raising or keeping of swine is prolu'bited.
(4) Fish hatcheries.
(5) Roadside stands for operation during not more than six (6) months in each year for the sale of farm
products produced or made on the premises, provided such stands are located not less than thirty
(30) feet distance from any street, highway or right-ofway line, and provided that temporary
off-street parking is provided.
(6) Residential group homes for eight (8) or fewer developmentally disabled persons, mentally ill
persons or far elderly persons. (See section 26-30(P) and section 26-5, Definitions.)
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Detached private garage or carport.
(2) Private storage sheds, barns, animal shelters or outbuildings.
(3) Private swimming pools and tennis courts. (See section 26.30(I) for related requirements.)
(4) Household pets, limited to no more than three (3) dogs and/or four (4) cats, plus their unweaned
offspring.
(5) Rooming and/or boarding of not more than two (2) persona on a contract basis of not leas than seven
(7) days.
(6) Class I home occupations which meet the definition and standards set forth in section 26.30(Q) and
section 26-5, Definitions.
(7) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage
facilities, and water supply facilities, and other similar facilities.
(8) Public and private communication towers, television or radio antennas, or any other similar
communications receiving or sending device which does not exceed thirty-five (35) feet in height,
Supp. No. b
1717
§ 26.18 WHEAT RIDGE CITY Cf}DE
whether ground-mounted or mounted u~on~a building or, other•stnxctirre. For satellite earth re-
ceiving stations, see section 26.30(J). _ ..
'~ `l y i .... . ~ t .. ,
(9) Water towers or aboveground reservoirs riot in-excess of thirty-five (35).feet in height.
(10) Parking of equipment, implements, machinery and/or large trucks, trailers and or semitractor
trailers which are used in support of agricultural operations occurring on the premises. "Agricul-
tural operation" means a purpose related to the production, harvest, exhibition, mazketing, trans-
portation, processing or manufacture of agricultural products by a natural person who cultivates,
plants, propagates or nurtures the agricultural products.
(11) Other similar uses or structures as approved by the zoning administrator or board of adjustment
and when in conformance with standards and requirements set forth for similar uses.
(D) Conditional Uses: The following uses shaIl be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26.6(A):
(1) Public, private and parochial educational institutions which provide instruction for grades kin-
dergarten through grade 12, and public, private or parochial colleges and universities.
(2) Public or private golf courses or private country club or other private club operated for benefit of
members only and not for gain (but not including a private club which provides a service custom-
arily carried on as a business).
(3) Government or quasi-governmental buildings and offices, fire stations or public utility buildings
where outside storage, or repair facilities aze not planned.
(4) Electric transmission substations.
(5) Riding academies and public stables.
(6) Wind-powered electric generators not in excess of thirty-five (35) feet.
('~ Churches, parish houses.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Plan-
ning Commission and city council, following procedures as set forth in section 26.6(B):
(1) Bed and breakfast rooms accessory to asingle-family dwelling primary use, subject to require-
ments and standards set forth in section 26-30(IVI) and section 26-5, Definitions.)
(2) Large day care home. (See section 26.5, Definitions.)
(8) Governmental buildings, fire stations and public utility buildings, where outside storage oi• repair
facilities are planned.
(4) Race tracks, fair grounds, amusement resorts, heliports, radio towers and radio stations.
(5) Dog kennels, catteries, veterinary hospitals.
(6) Cemeteries and crematories, but not including funeral homes.
('n Greenhouses and landscape nurseries, including both wholesale and retail sales of related prod-
ucts; provided, however, that bulk storage or piles of materials, such as manure, peat, top soil,
rock, sand, firewood or similar materials, are screened from view from adjacent properties by a
view-obscuring fence, six (6) feet in height. Bulk storage or piles of such materials shall not be
Supp. No. 5
1718
• i
ZONING AND DEVELOPMENT § 26.20
permitted within a front yard setback and shall be no closer than twenty-five (25) feet to a side or
rear lot line.
Greenhouses and landscape nurseries shall be considered as a business use and shall be required
to meet off-street parking requirements for customers and employees as determined by the plan-
ning commission and city council when reviewing the required site plan based upon the size and
intensity of use.
(8) Residential group homes for nine (9) or more developmentally disabled persons or elderly persons.
(See section 26-30(P) and section 26.5, Definitions.)
(9) Residential group home for children. (See section 26-30(P) and section 26-5, Definitions.)
(10) Class lI home occupations which meet the definition and standazds set forth in section 26.30(Q)(2)
and section 26.5, Defmitions.)
(F) Deaeloprnent ¢nd Use Regul¢tions-Agricultur¢Z-One District (A-I):
Minimum
Maximum Minimum Mznimum Front Minimum Minimum
Maximum Building Lot Lot Yard Side Yard Rear Yard
Height Coverage urea Width Setback Setbackta Setback~b1
One-family dwelling 35' 259'0 1 acre 140' 3D"" 15' 15'
Group home 35' 25`% 1 acre 140' 30'"~ 15' 15'
Detached garage or carport 35' 25% 1 acre 140' 30"~ 15' 5'
Private storage shed, barns, ahel-
tera, etc. 35' 259'0 1 acre 140' 30' 15' 5'
Churches, schools, government
and quasigovernment build-
ings, golf courses, green-
houses 35' 25`Yo 1 acre 20D' 30' 15' 20'
All other uses 35' 2590 1 acre 140' 30' 15' 15'
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
!b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where
greater setbacks are specifically required.
(c) Front setbacks for dwelling structures on lots or portions of lots which abut cul•de•sacs maybe reduced to ten (10) feet for those
portions of lots which abut a cul-de-sac bulb. (See Figure 26.5.3.)
(Ord. No. 1989-796, § 9, 6-12.89; Ord. No. 1990-827, § 1, 4-9-90)
Sec. 26.22. Commercial•One District (C-1).
(A) Intent and Purpose: This district is estab-
lished to provide for azeas with a wide range of
commercial land uses which include office, gen-
eral business, and retail sales and service estab-
lishments. This district is supported by the com-
munity and/or entire region.
(B) permitted Principal Uses: PIo building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(1) AII uses permitted in the Restricted Com-
mercial District as "permitted principal
uses."
1726
ZONING AND DEVELOPMENT
i
§ 26-22
(2) Adult entertainment establishments when tune-up shops, engine repair, transmission
in accordance with Wheat Ridge Code of repair, alignment services, car washes, up-
Laws, Chapter 3. holstery shops, radiator repair shops, lubri-
(3) Assembly halls and convention facilities cation services and sound system shops. It
. is the. intent to exclude body work or
(4) Automobile and light-duty truck~sale-s and . - , ,painting, and to exclude any such use pri-
rental, subject to the following require- mazily for service, repair or maintenance
ments: ~ to truck-tractors or semitrailers. Body re-
(a) Sales, rental and service of a truck- pair"3nd painting may be allowed as a con-
ditional use.
tractor or semitrailer is prohibited.
(b) All parking and vehicle display areas (6) Banks, loan and finance offices.
shall be paved. (7) Child care centers.
(c) There shall be a minimum of one thou-
sand five hundred (1,500) feet of sepa- (8) Clinics for psychological, social or marital
ration between sales lots. counseling and treatment, including ccun-
(d) There shall be a minimum ten-foot seling and treatment for substance abuse
landscape buffer adjacent to any public and alcoholism, and including residential
street, with such buffer to be completely treatment facilities.
within the property boundazies, al- (g) Commercial machine shops.
though the owner may additionally
landscape that area between the front (10) Community buildings, Y.M.C.A's, Y.-
property line and the street improve- W.C.A's, churches, libraries, parks, mu-
ments if approved by the public works seums, aquariums and art galleries.
director. There shall be no waivers of
this landscape buffer requirement.
(11)
Gol£ courses, including private clubs, res-
(e) Whenever a parking lot or display lot taurants and lounges, miniature golf or
adjoins property zoned for residential driving ranges, and those uses commonly
use, a landscape buffer of twelve (12) - accepted as accessory thereto when located
feet from said lot boundary shall be re- on the same premises.
quired. Within the twelve-foot land- (12) Government or quasi-governmental build-
scape buffer, asix-foot view-obscuring ings and offices or public utility buildings,
fence or decorative wall shall be con- where outside storage, operations or repair
strutted. There shall be nc waivers o£ facilities aze not planned.
this landscape and fence buffer require-
ment. (13) Greenhouses and landscape nurseries, in-
(fl There shall be at least one (1) interior cluding both wholesale and retail sales of
landscaped island for each thirty (30) related products; provided, however, that
parking and/or vehicle display spaces. bulk storage or piles of materials, such as
Each such landscape island shaIl oc- manure, peat, top soil, rock, sand, firewood
cupy the equivalent of one (1) parking or similaz materials, aze screened from view
space, and each such required island from adjacent properties by a view-
, shall be landscaped with a minimum obscuring fence six (6) feet in height. Bulk
of one (1), two-inch caliper tree or storage or piles, of such materials shall not
lazger, and four (4) shrubs or accept- be permitted within a front yazd setback
able living ground cover. and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
(5) Auto service and repair and maintenance residentially zoned property or where zoned
shops, including tire sales (but excluding Agricultural and there is a residential struc-
recapping), muffler shops, auto and light- ture within fifteen (15) feet of the common
duty truck fueling stations, detail shops, property line.
Supp. No. 5
1727
r i
§ 26.22 _ - - WHEAT RIDGE CITY CODE
(14) Homes forthe aged, nursinghomes and con- rent shall be within azeas screened
gregate care homes. from view from all streets and adjacent
(15) Hotels, motels or bed and breakfast homes
(d) properties.
Exterminators.
for transient occupancy. There shall be one (e) Hair, nail and cosmetic services.
thousand (1,000) square feet of gross lot area (fl Interior decorating shops.
for each unit. (g) Laundries and dry cleaning [shops].
(16) Indoor amusement and recreational enter- (h) Locksmith shops.
prises, such as roller rinks, bowling alleys, (i) Shoe repair (shops].
azcades and similar uses. (1) Studio for professional work or teaching
of fine arts, photography, music, drama
(17) Indoor flea mazkets; however, outdoor flea or dance.
mazkets are prohibited. (k) Tailoring, dressmaking or clothing al-
(18) Liquor stores. teration shops.
Q) Upholstery shops.
(19) Medical and dental offices, clinics or lobo- (m) Watch and jewelry repair [shops].
ratories.
(29) Small animal veterinary hospitals or clinics
(20) Mortuazies and crematories. where there aze no outside pens or runs for
(21) Motor fueling stations. dogs.
(22) Ollices; general business and professional (30) Stores for retail trade as listed below:
offices.
(a) Antique stores.
(23) Pazking of automobiles of clients, patients (b) Apparel and accessory stores.
and patrons of occupants of adjacent com- (c) Appliance stores and incidental ser-
mercial districts. vice and repair.
(24) Private clubs, social clubs, bingo parlors and (d) Art galleries or studios.
similar uses. (e) Automotive parts and supplies sales.
(f) Bakeries, retail.
(25) Restaurants, drive-in restaurants, ice cream (g) Bicycle stores.
sales and similar related uses. (h) Boat, camper, and travel trailer sales
(26) Rooming and boardinghouses.
(i) and services.
Book stores and newsstands.
(27) Schools, public parochial and private (in- (j) Butcher shops and food lockers, but not
cluding private, vocational trade or profes- including food processing.
sional schools), colleges, universities, pre- (k) Business machine or computer stores.
schools and day nurseries (including those (1) Camera and photographic service and
uses commonly accepted as necessary supply stores.
thereto when located on the same premises). (m) Candy, nut and confectionery stores.
(28) Service establishments as listed below: (n)
(o) Caterers.
Dairy products stores.
(a) Ambulance services. (p) Delicatessens.
(b) Blueprinting, photostatic copying, and (q) Department or variety stores.
other similar reproduction services; (r) Drug stores.
however, not including large printing, (s) Dry goads stores.
publishing and/or book binding estab- (t) Electrical and supplies and service, but
lishments. not including contractors storage yards.
(c) Equipment rental agencies; provided, (u) Floral shops.
however, that the outside storage of (v) Furniture stores.
trucks, trailers or other equipment for (w) Garden supplies stores.
Supp. No. 5
1728
~I
ZONING AND DEVELOPMENT
(x) Gift, novelty or souvenir stores.
(y) Grocery stores.
(z) Hardware stores.
(aa) Hobby and craft stores.
(bb) Home furnishing stores.
(cc) Home improvements supply stores.
(dd) Jewelry stores.
(ee) Leathergoods and luggage stores.
(ffl Liquor stores (sale by package).
(gg) Linen supply.
(hh) Lumber yards and building supply
stores; provided, that unenclosed
storage of any materials shall be
screened from view from adjacent prop-
erties and streets.
(ii) Locksmith shops.
((j) Meat, poultry or seafood stores.
(kld Motorcycle sales and service.
(ll) Music stores.
(mm) Newsstands (for the sale of newspa-
pers, magazines, etc.).
(nn) Notions stores.
(oo) Office supply (stores].
(pp) Optical stores.
(qq) Paint and wallpaper stores.
(rr) Pet stores.
(ss) Picture framing [shops].
(tt) Plumbing and heating supply stores
and shops, but not including contrac-
tors' storage yards.
(uu) Shoe stores.
(w) Sporting goods stores.
(ww) Stationery stores.
(xx) Television, radio, small appliance re-
pair and service [shops).
(yy) Tobacco stores.
(zz) Toy stores.
(aaa) Video rentals.
(31) Taverns, night clubs, lounges, private clubs
and bazs.
(3~) Theatres (excluding drive-ins).
(33) Any similar use which, in the opinion of
the zoning administrator, or upon appeal of
his decision, of the board of adjustment,
would be compatible in character and im•
pact with other uses in the district, would
be consistent with the intent of this dis-
trict, and which would not be objectionable
Supp. No. 6
§ 26-22
to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vi-
bration, traffic generation, parking needs,
outdoor storage or use, or is not hazardous
to the health and safety of surrounding
areas through danger of fire or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(2) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be allowed only
on a floor other than the ground floor,
or if allowed on the ground floor, re-
stricted to the rear half of the building.
(b) Residential dwelling density shall not
exceed one (1) dwelling unit for each
five thousand (5,000) square feet of lot
area.
(c) Residential dwelling units shall be no
less than five hundred (500) squaze feet
each.
(d) Parking shall be supplied at the rate of
one (1) space per three hundred (300)
squaze feet of floor area.
(e) Where it is intended to convert an ex-
isting residential structure either paz-
tially or wholly to a commercial use,
then commercial development stan-
dazdsshall beapplied for pazking, land-
scaping and residential buffering. Any
changes to building floor area shall
fully comply with all commercial de-
velopment standazds.
(fl No new residences as a primary or prin-
cipal use shall be allowed.
(3) Outside display or storage subject to the
following:
(a) Merchandise, material or stock far sale
or rent may be displayed or stored
within ten (10) feet of the front of build-
ings without being screened, except
that required parking spaces or fire
1729
§ 26-22 Wf~~.9T RIDGE CITY CODE
lanes shall not be used for such outside
display or storage.
(b) Merchandise, material or stock maybe
stored or displayed behind the front of
buildings within side or rear yards only
where completely screened from adja-
centproperties and streets by a six-foot-
high opaque wall or fence. Merchan-
dise, material and stock shall not be
stacked to a height greater than the
height of the screening fence.
(c) The above shall not apply to operable
automobile or light-duty truck rental
and sales lots; planted and potted
nursery stock; plant and produce sales;
boat and camper sales lots; or mobile
home and structure sales lots, except
that required parking spaces and fire
lanes shall not be used for storage or
display.
(4) Stocking of items intended for use or sale
upon the premises is permitted; however,
warehousing is prohibited.
(5) Storage buildings, sheds, gazages, work-
shopsand other similar structures when ac-
cessory to the primary use.
(6) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels or upon developed paz-
cels, subject to the following requirements:
ceived an administrative temporary use
permit, business license, sales tax li-
censes and building permit(s) as may
be required by the City of Wheat Ridge.
(7) Wholesale sales of any item offered at re•
tail on the premises, where wholesale is an-
cillary to the primary retail use.
(8) Parking of not more than three (3) commer-
cial truck-tractors and/or semitrailers in
conjunction with, and accessory to, a res-
taurant, hotel or motel primary use, and
when in conformance with the pazking de-
sign standards set forth in section 26-
31(C)(14) of this Zoning Ordinance. It is not
intended that such parking limitations shall
apply to pickup and delivery trucks nor-
mally associated with business operations.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following procedures
as set forth in section 26-6(A):
(1) Automotive body and paint shops for auto-
mobiles and light-duty trucks.
(2) Electric transmission substation.
(E) Speci¢Z Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B):
(a) Temporary sales lots shall be permitted (1) Auction houses.
for no more than ninety (90) days.
(b)
If located upon a parcel which is occu- (2) Automobile and light-duty truck sales and
pied by a primary use, the temporary rental, subject to the requirements set forth
sales area shall not occupy required in subsection (B)(4), except the 1500-foot sep-
pazking spaces or fire lanes and shall station between sales lots does not apply.
not be Iocated within the required sight (3) A building contractor's service shop and
distance triangle of the intersection of storage yard incidental to an office/show-
two (2) streets. room principal use. This would include caz-
(c) If located upon an undeveloped parcel, penters, painters, roofers, electricians,
adequate off-street parking area for the plumbers, heating and air conditioning con-
use must be provided. tractors, and similar uses which do not use
(d) Temporary fences, signs, structures and heavy equipment in the business, but, how-
other improvements associated with ever, do have vehicles, tools, machinery and
the use shall meet all zoning and supplies used in the business stored upon
building code requirements. the premises, either inside or outside, and
(e) No such temporary sales lot shall oc- where some customer work may occur upon
copy a pazcel without first having re- the premises. All outside storage areas shall
Supp. No. 5
130
ZONING AND DEVELOPMENT § 26-22
be screened from view from adjacent prop- ciai use permit. In order to evaluate
erties and streets by a six-foot opaque wall the proposal, the applicant shall submit
or fence. Stacking of materials and sup- a site plan which adequately illustrates
plies shall not exceed the height of the fence. location and size of all parking spaces
Additionally, for uses which involve cus- and drive isles and direction of traffic
tourer work and/or fabrication upon the pre- flow, and which shows the proposed
raises, no single machine shall exceed five
(5) horsepower and provided that no parking relative to existing structures
exces-
slue noise, vibration, dust, emission of heat, on and adjacent to the site, to adjacent
streets, and which shows point of in-
glaze, radiation, smoke or fumes aze pro-
duced to the extent that it is dan
erous gress/egress to the site. The intent of
thi
g
,
hazardous or a nuisance to the reasonable s provision is to.limit those azeas in
which truck-tractors and/or semi
enjoyment or use of adjacent properties. -
trailers used in commercial ventures
(4) Governmental buildings, fire stations may be pazked, and is not intended to
,
sewer treatment plants and public utility apply to any noncommercial use of such
buildings, where outside stora
ge, operations truck-tractors and/or semitrailers.
or repair facilities are planned. parking lot design shall meet the stan-
dards for truck-tractors and semi-
(5) Itinerant sales ofany item permitted in this trailers as specified in section 26-31
district upon a pazcel which is vacant or' ,
Off-Street Pazluhg: Requirements.
occupied by a permanent principal per-
mitted use; provided, however, that such In addition, the applicant shall submit
itinerant sales do not occupy required a report which addresses the following.
parking spaces or fire lanes, do not occupy
the sight distance triangle required at the 1. Traffic impact to adjacent and sur-
intersection of two (2) streets if on a comer round street systems;
2. Noise generated on the subject site
property, are set back at least ten (10) feet
from all property lines and do not exceed and proposed methods of miti-
thirty (30) days occupancy ofthe same prop- gating its ofTsite effects;
3. Air pollution caused by the new
erty. In addition, only one itinerant mer-
chant may occupy a premises at any time development and the relationship
.
Atemporaryusepermitshallnotbeissued with ambient air pollution in the
by the boazd of adjustment surrounding area. Proposed
. methods of controlling or reducing
(6) Woodworking or carpentry shops for the au' Pollution that aze part of the
making of articles for sale upon the pre- development concept shall be de-
mises, such as cabinets or custom furni- scribed; and
ture; provided, however, that no excessive ~}• Compatibility with adjacent land
noise, vibrations, dust, emission of heat, uses, and proposed methods of as-
glaze, radiation, smoke or fumes aze pro- surfing compatibility, such as
duced to the extent that it is dangerous screening, landscaping, setback of
,
hazazdous or a nuisance to the reasonable orientation.
enjoyment or use of adjacent properties. Ma- (b) When used in subsection (7)(a) above
chinery shall not exceed five (5) horsepower. ,
the following words shall have the fol-
(7) (a) Pazking of more than three (3) commer- lowing meanings:
cial truck-tractors and/or semitrailers 1. "Truck tractor" means any motor
on any parcel or lot, where such vehi-
cles are not related to the transporta- vehicle which is generally and cora-
l
tion needs of the business conducted mon
y designed and used to draw
a semitrailer and its cazgo load
thereon, shall require approval of a spe- over the public highways.
Supp. No. 5
1731
§ 26.22 WFIEAT RIDGE CITY CODE
2. "Semitrailer" means any wheeled
vehicle, without motive power,
which is designed to be used in con-
junction with struck-tractor so
that some part of its own weight
and that of its cargo load rests upon
or is carried by such truck tractor
and which is generally and com•
manly used to carry and transport
property over the public highways.
3. Any of such vehicles shall be con-
sidered commercial when utilized
with or as a part of a commercial
venture.
(c) Any property upon which a special use
permit is granted pursuant to subsec-
tion (E)(7) hereof shall be conspicuously
posted to indicate the authorization for
the parking of commercial truck-
tractors and/or semitrailers thereon. It
shall be a violation of the Code of Laws
for any wmmercialtruck-tractor and/or
semitrailer to be parked or stored upon
property not so posted. Any commer-
cial truck-tractor and/or semitrailer
parked in violation of the provisions
hereof shall be subject to the provi-
sions of section 13-2 of this Code of
Laws.
(8) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council fmd, in addition to the standazd re•
view criteria for all special uses as set forth
in section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
(F) Development and Use Regulations:
(1) Maximum height. Fifty (50) Feet.
(2) Minimum lot area. No limitation, provided
that aII other requirements can be met.
(3) Maximum lot coverage. Ninety (90) percent,
with a minimum of ten (10) percent of the
lot being landscaped.
(4) Minimum lot width. No limitations, pro-
vided that all other requirements can be
met.
Supp. No. 5
1732
(5) Front yard setback. Fifty (50) feet minimum,
except as follows:
(a) Thirty (30) feet for structures on lots or
portions of lots which abut a cul-de-sac
bulb.
(b) Thirty (30) feet where the height of the
building does not exceed thirty-five (35)
feet, and where the front setback azea
is completely landscaped, exclusive of
ingress/egress drives on either side of a
structure.
(c) Structures on lots which abut Sheridan
Boulevard, Wadsworth Boulevard, Ki-
plingStreet, Ward Road, north of West
44th Avenue and Youngfield Street
shall be setback a m;n;,.,um of fifty (50)
feet.
(6) Side yard setback. Based upon the specific
site, adjacent land use and adjacent public
streets, one (1) or more of the following re-
quirements shall apply:
(a) Five (5) feet per story minimum, ex•
cept a zero setback may be permitted
where structures aze constructed of ma-
sonry or nonflammable material and
in accordance with the Uniform
Building Code.
(b) In all cases, thirty (30) feet where ad-
jacent to a dedicated public street.
(c) In addition to building setback as re-
quired by subsection (a) above, where a
side yard abuts propertyzoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, alive-foot-per-story landscaped
buffer, plus asix-foot high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(7) Re¢r yard setback. Based upon specific site,
adjacent land use and adjacent public
streets, one (1) or more of the following shall
apply:
(a) Ten (10) feet for aone-story building
and an additional five (5) feet per each
additional story thereafter.
ZONING AND DEVELOPMENT
(b) In all cases, any rear yard which abuts
a public street shall have a m;n;mum
setback of fifteen (15) feet for all struc-
tures.
(c) In all cases, any rear yard which abuts
a public alley shall have a m;n;mum
setback for all structures of five (5) feet
from the edge of the alley.
(d) In addition to building setback as re-
quired bysubsection (a) above, where a
rear yard abuts property zoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, alive-foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(8) Parking requirements. See section 26.31.
(9) Laaedscape requirements. See section 26.32.
(10) Fencing requirements. See section 26-30(D.
(Ord. No. 1989.801, § 3, 7.24-89; Ord. No. 1990-
827, § 1, 4-9-90)
§ 26.23
5upp. No. 5
1733
r
ZONING AND DEVELOPMENT § 26.21
(g) Tailoring, dressmaking, or clothing al-
teration shop.
(h) Watch and jewelry repair.
E3) Stores for retail trade as listed below:
(a) Antique store; provided, however, that
no more than two hundred (2D0) square
feet of building area shall be allocated
to repair.
(b) Retail grocery/cronvenience store, lim-
ited tofive thousand (5,000) square feet
oriesafor the amount of buildingspace
devoted to • ret'ail' us e.
Sec. 26.21. Restricted Commercial District (4) Stores for retail trade, Limited to two thou-
~•'C}• sand (2,000) square feet or less for the
(A) Intent and Purpose: This district is eatab- amount of building space devoted to any
one (1) or combinations of the following re-
lished to accommodate various types of office uses tail space:
Performing administrative, professional and per-
sonal services, and to provide for a limited range (a) Apparel and accessory stores.
of retail uses which are neighborhood oriented. It (b) Bakeries, retail.
is the intent that general retail uses that serve (c) Bicycle stares.
the community or region, wholesaling, waze- (d) Book stores, newsstands, stationary
housing, industrial, and uses which require out- and card stores.
side storage or display be prohibited, since these (e) Business machine or computer stores.
uses are inwmpatible with other uses in this dis- (~ Camera and photographic service and
tlzct, supply stores.
(g) Candy, nut and confectionery stores.
(B) Permitted Principal Uses: No building or (h) Dairy products stores.
land shall be used and no building shall be here- (i} Delicatessens.
after erected, converted or structurally altered un- V) Floral stores.
less otherwise provided herein except for one (1) (1~ Garden supplies stores.
or more of the following uses: (1) Gitt, novelty or souvenir stores.
(1) All uses permitted in the Restricted (m)
(11) Hobby and craft stores.
Jewelry stores.
Commercial-One District as "permitted (o) Music stores.
principal uses." (p) Notions stores.
(2) Service establishments as listed below: (q) Olffce suPPly stores.
(r) Optical stores.
(a) Ambulance service. (s) Paint and wallpaper stores.
(b) Equipment rental agencies which rent (t) Pet stores.
or lease any item permitted for sale in (u) Picture framing [shops].
this district, and where all items for (v) Shoe stores.
rent or lease are contained within (w) Sporting goods stores.
buildings. Outside storage and display (x) Stationery stores.
are prohibited.
(_v)
Tobacco stores.
(c) Exterminators. (z) Toy stores.
(d) Interior decorating shop. (aa) Television, radio, small appliance re-
(e) Locksmith shop. pair and service [shops].
(f) Shoe repair. (bb) Video rentals.
Supp. No. 5
1723
§ 26.21 - WHEAT RIDGE CITY CODE
(5} Any similaz use which, in the opinion of
the zoning administrator, ar upon appeal of
his decision, of the board of adjustment,
would be compatible in character and im-
pact with other uses in the district, would
be consistent with the intent of this dis-
trict, and which would not be objectionable
to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glaze, vi-
bration,traffic generation, parking needs,
outdoor storage ar use, or is not hazazdous
to the health and safety of surrounding
areas through danger of fire or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Residential uses in commercial zones shall
be aIIowed under the following conditions:
(a) Residential use shall be located only
on a floor other than the ground floor,
or if located on the ground floor, re-
stricted tothe rear half of the building.
(b) Residential dwelling density shaII not
exceed one (1) dwelling unit for each
five thousand (5,000) squaze feet of lot
area
(c) Residential dwelling units shall be no
less than five hundred (500) squaze feet
each.
(d) Parking shall be supplied at the rate of
one (1) space per three hundred (300)
square feet of floor area.
(e) Where it is intended to convert an ex-
istingresidential structure, either paz-
tially or wholly to a commercial use,
then commercial development stan•
dards shall be applied for pazking, land-
scaping and residential buffering. Any
changes to building floor area shall
fully comply with all commercial de-
velopment standards.
(f) No new residences as a primary or prin-
cipal use shall be allowed.
(2) Food services primarily for the occupants
of a building containing a permitted use,
when located within the same building. Res-
taurants for general service to the public is
not permitted as an accessory use.
(3) Pharmacies and optical stores incidental to
a medical or dental office when located
within the same building.
(4) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similaz facilities.
(5) Temporary Christmas tree, produce and
bedding plant sales lots aze permitted on
undeveloped parcels, or upon developed paz-
cels, subject to the following requirements:
(a) Temporary sales lots shall be permitted
for no more than ninety X90) days.
rh) If located upon a pazcel which is occu-
pied by a primary use, the temporary
sales area shall not occupy required
pazking spaces or fire lanes, and shall
not be located within the required sight
distance triangle of the intersection of
two f2) streets.
(c) If located upon an undeveloped pazcel,
adequate off-street parking azea for the
use must be provided.
(d) Temporaryfences,signs,structuresand
other improvements associated with
the use shall meet all zoning and
building code requirements. ,
(e) No such temporary sales lot shall oc-
cupy aparcel without first having re-
ceived anadministrative temporaryuse
permit, business license, sales tax li-
censes, and building permit(s) as may
be required by the City of Wheat Ridge.
(fl Any similar use which, in the opinion
of the zoning administrator, or upon
appeal of his decision, of the board of
adjustment, would be compatible in
character and impact with other uses
in the district, would be consistent with
the intent of this district, and which
would not be objectionable to nearby
property by reason of odor, dust, fumes,
gas, noise, radiation, heat, glaze, vibra-
tion, traffic generation, parking needs,
outdoor storage or use, or is not haz-
azdous to the health and safety of sur-
rounding areas through danger of fare
or explosion.
Supp. No. 5
1724
ZONING AN]
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission and city council, fol•
lowing procedures as set forth in aectian 26-6(A):
(1) Electric transmission substations,
(E) Special Uses: The fallowing uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26.68):
(1) Clinics for psychological, social, marital, de•
velopmental or similaz counseling and
treatment, including counseling and treat-
ment for substance abuse and alcoholism;
including both residential and nonresiden-
tial facilities.
(2) Golf courses, including private clubs, res•
taurants and lounges, driving ranges, min-
iature golf, and those uses commonly ac-
cepted as accessory thereto when located
on the same premises.
> DEVELOPMENT § 26.21
(6) Hardware stores, limited to two thousand
(2,000) square feet or less for the amount of
the building space devoted to the retail use.
('T)' Laundry and dry cleaning shops.
(8) Meat, poultry or seafood stores, limited to
two thousand (2,000) square feet or less for
the amount of the building space devoted to
the retail use.
(9) Mortuaries and crematoriums.
(10)
Restaurants or cafes, where food and bev-
erages are ordered, served and consumed
at a table or counter on the premises, or are
taken-out to be wnsumed off of the pre-
mises. Drive-in or drive-up restaurants are
not permitted. If approved by the Wheat
Ridge Liquor Authority, beer and wine only
may be permitted only if served with a meal.
The intent is to prohibit a lounge or tavern
in conjunction with a restaurant, but to
allow beer or wine only to be served with a
meal.
(3) Governmental buildings, fire stations,
sewer treatment plants and public utility (11)
buildings where outside storage, operations
or repair facilities are planned.
(4) Greenhouses and landscape nurseries, in-
cluding both wholesale and retail sales of
related products; provided, however, that
bulk storage or piles of materials, such as
manure, peat, top soil, rock, sand, firewood
ar similar material, aze screened from view
from adjacent properties by a view ob-
scuring fence sis (6) feet in height. Bulk
storage or piles of such materials shall not
be permitted within a front yard setback
and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
residentially zone property, or where zoned
Agricultural and there is a residential strut.
tore within fifteen (15) feet of the common
property line.
(5) Grocery stores, which may include no more
than one (1) gasoline service island with no
more than two (2) dispensing pumps, lim-
ited to five thousand (5,000) square feet or
leas for the amount of the building space
devoted to the retail use.
Residential group homes for nine (9) or more
developmentally disabled persons or eld-
erly persons. (See section 26.30(P) and sec•
tion 26.5.)
(12) Residential group home for children. (See
section 26-30(P) and section 26.5.)
(13) Rooming and boardinghouses.
(14) Any other use not spe~cally listed in this
district may be permitted as a special use
where the planning commission and city
council fmd, in addition to the standard re-
viewcriteria for all special uses as set forth
is section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
(F9 Development and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot are¢. No limitation, provided
that all other requirements can be met.
(3) Maximum lot cover¢ge. Ninety (90) percent,
with a m;n;mum of ten (10) percent of the
lot being landscaped.
Supp. No. b
1725
§ 26.21 WHEAT RIDGE CITY CODE
(4) Minimum lot width. No limitations, pro- (a)
vided that all other requirements can be
met.
(5) Front yard setbacks. Fifty (50) feet min-
imum, except as foile:~s:
(a) Thirty (30) feet for structures on lots or
portions of lots which abut a cul-de-sac
bulb.
(b) Thirty (30) feet where the height of the
buildingdoes not exceed thirty-five (35)
feet, and where the front setback area
is completely landscaped, exclusive of
ingress/egress drives on either side of a
structure.
(c) Structures on lots which abut Sheridan
Boulevazd, Wadsworth Boulevazd, Ki-
pling Street, Ward Road north of West
44th Avenue, and Youngfield Street
shall be setback a minimum of fifty (50)
feet.
(6) Side yard setback. Based upon the specific
site, adjacent land use and adjacent public
streets, one (1) or more of the following re-
quirements shall apply:
(a) Five (5) feet per story minimum, ex-
cept azero setback may be permitted
where structures aze constructed of ma-
sonry or nonflammable material and
in accordance with the Uniform
Building Cade.
(b) In all cases, thirty (30) feet where ad-
jacent to a dedicated public street.
(c) In addition to building setback as re-
quired by subsection (a) above, where a
side yard abuts property zoned residen-
tial, or where zoned agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, afive-foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(7) Rear yard setback. Based upon specific site,
adjacent land use aad adjacent public
streets, one (1) or more of the following shall
apply:
Supp. No. 5
(b)
(c)
(d)
Ten (10) feet for aone-story building
and an additional five (5} feet per each
additional stery thereafter.
In all cases, any rear Yazd which abuts
a public street shall have a minimum
setback of fifteen (15) feet for all struc-
tures.
In all cases, any rear yazd which abuts
a public alley shaII have a m;n;n,um
setback for all structures of five (5) feet
from the edge of the alley.
In addition to building setback as re-
quired by subsection (a) above, where a
rear yard abuts property zoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, afive-foot•per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(8) Parking requirements. See section 26.31.
(9) Landscape requirements. See section 26-32.
(SO) Fencing requirements. See section 26-30(I).
(11) Sign requirements. See Wheat Ridge Cade
of Laws, Chapter 26, Article IV.
(Ord. No. 1989-796, § 2, 7.24-89; Ord. No. 1990-
827, § 1, 4.9-90)
1726
Sec. 26.19. Reserved
Sec. 26-20. Restricted Commercial-One Dis•
trict (RG1).
(A) Intent and Purpose: This district is estab-
lished toprovide for a reasonably compatible tran-
sitionbetween residential and more intensive wm-
mercialland uses. It provides for residential scale,
neighborhood-oriented professional offices and ser-
vices which, by their nature and through design
limitation, will promote neighborhood stability
and protect neighborhood values and character.
The district also provides limited neighborhood-
oriented retail uses by special use approval.
B) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
aftererected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(1) Art galleries or studios.
(2) Banks, loan and finance offices.
(3) Clinics and offices for psychological, social,
marital, developmental or similar coup-
, seling and treatment, including counseling
and treatment for substance abuse and al-
coholism; however, not including residen-
tial facilities or residential treatment.
Sapp. No. 5
1719
§ 26.20 WEiEAT RIDGE CITY CODE
(4) Community buildings, Y.M.C.A's, Y.- (14) Any similar use which, in the opinion of
W.C.A's, churches, libraries, pazks, mu- the zoning administrator or, upon appeal of
aqu:~^iums and art galleries.
~eums his decision, of the board of adjustment,
, would be compatible in chazacter and im-
(5) Golf courses (but not including miniature part with other uaes in the district, would
golf or putting ranges, driving ranges, pri- be consistent with the intent of this dis-
vate clubs or restaurants) and those uses ~~~ and which would not be objectionable
commonly accepted as accessory thereto to nearby property by reason of odor, dust,
when located on the same premises. fey g~yy~ noise, radiation, heat, glare, vi-
(6) Government or quasi-governmental build- bration, traffic generation, parking needs,
ings and offices or public utility building outdoor storage or use, or is not hazazdous
where outside storage, operations or repair to the health and safety of surrounding
facilities are not planned. areas through danger of fire or explosion.
(7) Homes for the aged, nursing homes and con- (C) Permitted Accessory Uses and Accessory
gregate care homes. Buildings:
(8) Medical and dental offices, clinics or lobo- (1) Food services primarily for the occupants
ratories. of a building containing a permitted use,
(9) Offices, general administrative, business when located within the same building.
and professional. (2) Electric transmission or other public utility
(10) Parking of automobiles of clients, patients, lines and poles, imgation channels, storm
patrons or customers of the occupants of drainage facilities, and water supply facil-
adjacent commercial districts. ities, and other similar facilities.
(11) Schools; public, pazochial and private (in- (3) Residential uses in commercial zones shall
cluding private, vocational trade or profes• be allowed under the following conditions:
sional schools), colleges, universities, pre- (a) Residential use shall be located only
schools and day nurseries (including those on a floor other than the ground floor,
uaes commonly accepted as necessary or if located on the ground floor, re-
thereto when located on the same premises). stricted to the rear half of the building.
(12) Service establishments as listed below: (b) Residential dwelling density shall not
exceed one (1) dwelling unit for each
(a) Hair, nail and cosmetic services. five thousand (5,000) square feet of lot
(b) Interior decorating shop where goods, -area.
except samples, are not stored upon the (c) Residential dwelling units shall be no
premises. less than five hundred (500) square feet
(c) Pickup stations for laundry and dry each
cleamng' (d) Parking shall be supplied at the rate of
(d) Shoe repair. one (1) space per three hundred (300)
(e) Studio for professional work or teaching square feet of floor area.
of fine arts, photography, music, drama (e) Where it is intended to convert an ex-
or dance. fisting residential structure, either par•
(t) Tailoring, dressmaking or clothing al- tially or wholly, to a commercial use,
teration shop. then commercial development stan•
(g) Watch and jewelry repair. dardsshallbeappliedforpazking,land-
(13) Residential group homes for eight (8) or soaping and residential buffering. Any
fewer developmentally disabled persons, changes to building floor area shall
mentally ill persons or for elderly persons. fully comply with all commercial de•
(See section 26.30(P) and section 26-5.) velopment standards.
t
Supp. No. 5
1720
ZONING AND DEVELOPMENT
(fl No new residences as a primary or prin.
cipal use shall be allowed.
(4) Pharmacies and optical stores incidental to
a medical or dental office within the same
building.
(5) Other similar uses or structures as approved
by the zoning administrator or board of ad•
justment and when in conformance with
standazds and requirements set forth for
similar uses.
§ 2E20
from adjacent properties by a view-
obscuring fence six (6) feei in heighi. Bulk
storage or piles of such materials shall not
be permitted within a front yard setback
and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
residentially zoned property, or where zoned
Agricultural and there is a residential struc-
ture within fifteen (15) feet of the common
property line.
(6} Laundry and dry cleaning shops.
(D) Conditional uses: The following uses shall
be permitted only upon approval of the Wheat (7) Locksmith shops.
Ridge PIanning Commissicn and city council, £ol-
lowing procedures as set forth in section 26.6(A): (g) Mortuaries and crematoriums.
(1) Electric transmission substations. (9) Rooming and boazdinghouses.
(E) Special Uses: The following uses shall be (10) Small animal veterinary hospitals or clinics
permitted only upon approval of the Wheat Ridge where there are no outside pens or runs.
Planning Commission and city council, following (11) Stores for retail trade, limited to two thou-
procedures as set forth in section 26.6(B): sand (2,000) square feet or Iess, for the
fl) Blueprinting, photostatic copying, and other amount of building space devoted to any
similar reproduction services; however, not one (1) or combinations of the following re-
including lazge printing, publishing and/or tail use.
book binding establishments. Such uses (a) Antique stores.
shall be limited to no more than two thou- (b) Apparel and accessory stores.
sand (2,000) square feet of building space (c) Bakeries, retail.
devoted to any one (1) or a combination of (d) Bicycle stores.
these uses. (e) Book stores, newsstands, stationary
(2) Clinics for residential counseling and treat- and card stores.
went of psychological, social, marital and (fl Business machine or computer stores.
developmental problems, and for substance (g) Camera and photographic service and
abuse and alcoholism. supply.
(3) Golf courses, including private clubs, res- (h) Candy, nut and confectionery stores.
(i) Dairy products stores.
taurants and lounges, and those uses com- (j) Delicatessens.
monly accepted as accessory thereto when (k) Floral stores
Iocated on the same premises. .
(1) Gazden supplies stores.
(4) Governmental buildings, fire stations, (m) Gift, novelty or souvenir stores.
sewer treatment plants and public utility (n) Hobby and craft stores.
buildings where outside storage, operations (o) Jewelry stores.
or repair facilities are planned. (p) Music stores.
(5) Greenhouses and landscape nurseries, in• (q) Notions stores.
(r) Office supply stores.
cluding both wholesale and retail sales of (s) Optical stores.
related products; provided however, that (t) Paint and wallpaper stores.
bulk storage or piles of materials, such as (u) Pet stores.
manure, peat, top soil, rack, sand, firewood (v) Picture framing [shops].
or similar material, aze screened from view (w) Sporting goods stores.
Supp. No. 5
1721
§ 26.20 WFIEAT RIDGE CITY CODE
(x) Shoe stores. shall be set back a minimum of fifty
(y) Stationery stores. (50) feet.
(z) Television, radio, small appliance re-
(6) Side yard setback. Based upon the specific
pair and service [shops]. adjacent land use and adjacent public
site
(aa) Tobacco stores. ,
one (1') or more of the following re-
streets
(bb) Toy stores.
(cc) Video rental stores. ,
quirements shaII apply:
(12) Retail neighborhood grocery/convenience (a) Five (5) feet per story minimum, ex-
limited to five thousand (5,000) square
store cept a zero setback may be permitted
,
feet or less for the amount of building space where structures are constructed of ma
sorry or nonflammable material and
devoted to retail use. in accordance with the Uniform
(13) Residential group homes for nine (9) or more Building Code.
developmentally disabled persons or eld- (b) In all cases, thirty (30) feet where ad-
erly persons. (See section 26-30(P) and sec- jacent to a dedicated public street.
tion 26.5.) (c) In additional to building setback as re-
(14) Residential group home for children. (See quired by subsection (a) above, where a
side yazd abuts property zoned residen-
section 26-30(P) and section 26.5.) tial, or where zoned Agricultural and
(15) Any other use not specifically listed in this there is a residential structure within
district may be permitted as a special use fifteen (15) feet of the commercial prop-
where the planning commission and city erty, a five-font-per-story landscaped
council find, in addition to the standazd re- buffer, plus asix-foot-high solid deco-
view criteria for all special uses as set forth rative wall or fence, shall be required
in section 26.68), that a specific site is between the building and the property
uniquely appropriate for the use proposed. line.
(F) Development and Use Regulations: ('n Rear yard setback. Based upon specific site,
adjacent Iand use and adjacent public
(1) Maximum height. Thirty-five (35) feet. streets, one(1)ormoreofthefollowingshall
(2) Minimum Zot ¢rea. No limitation, provided apply:
that all other requirements can be met. (a) Ten (10) feet for sore-story building
(3) Maximum Zot coverage. Ninety (90) percent, and an additional five (5) feet per each
additional story thereafter.
with a r~*+-**+um of ten (10) percent of the (b) In all cases, any rear yard which abuts
lot being landscaped. a public street shall have a minimum
(4) Minimum lot width: No limitations, pro- setback of fifteen (15) feet for all struc-
vided that all other requirements can be tares.
met. (c) In all cases, any rear yazd which abuts
a public alley shall have a minimum
(5) Front yard setback: Thirty (30) feet min- setback for all structures of five (5) feet
imam, except for: from the edge of the alley.
(a) Structures on lots or portions of lots (d) In addition to building setback as re-
which abut a cal-de-sac bulb, then the quired by subsection (a) above, where a
setback may be reduced to twenty (20) reazyazd abuts property zoned residen-
feet. tial, or where zoned Agricultural and
(b) Structures on lots which abut Sheridan there is a residential structure within
Boulevard, Wadsworth Boulevard, Ki- fifteen (15) feet of the commercial prop-
pIing Street, Wazd Road north of West erty, alive-foot-per-story landscaped
44th Avenue, and Youngfield Street buffer, plus asix-foot-high solid deco-
Sapp. No. 5
1722
ZONING AND DEVELOPMENT
native wall or fence, shall be required
between the building and the property
line.
(8y Parking requirements. See section 26.31.
(9) Landscape requirements. See section 26.82.
(IO) Fencing requirements. See section 26-30(n.
(11) Sign requirements. See Wheat Ridge Code
of Laws, Chapter 26, Article 1V_
(Ord. No. 1989-SOl, § 1, 7-2489; Ord. No. 1990-
827, § 1, 49-90)
§ 2fr21
1723
7500 WEST 29TH AVENUE The Cify of
WHEAT RIDGE. CO 80034-0638 (303} 234-5900 Wheat
City Admm. Fax;* 234-5924 Police Dept. Fax ;Y 235-2949 Ridge
October 14, 1992
The Wheat Ridge Department of Community Development has received a request
for approval of a rezoning from Agricultural-One to Planned Commercial
at the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by October 29. 1992 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-92-11/Richter
LOCATION: ,Approximately 12851 West 32nd Avenue
REQUESTED ACTION: Approval of a rezoning from Agricultural-One to
Planned Commercial Development
PURPOSE: To facilitate the relocation of the West Youngfield Service
Road to align with Zinnia Street South of West 32nd Avenue
APPROXIMATE AREA: 1.037 acres
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES NO If "NO", please explain below.
2. Are service lines available to the development?
YES NO If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES NO If "NO", please explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES NO If "NO", please explain below.
5. Are there any concerns or problems your agency has identified_~rhich
would or should affect approval of this request?
,
Please reply to: '? ~ `-' M Reckert
Department of Pla~& Development
DISTRIBUTION:
XX Water District (Consolidated Mutual XX
XX Sanitation District (Northwest)Lakewood
XX Fire District hakewood_Fire Dist.
XX Adjacent City (Jeffersor>7 County
XX Public Service Co.
XX US West Communications
State Land Use Commission XX
State Geological Survey
XX Colorado Dept. o£ Transportation
<pc>referralform 06-26-92
American Cable Vision
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Wheat Ridge Post Office
Wheat Ridge Police Dept.
Wheat Ridge Public Works Dept.
Wheat Ridge Parks & Recreation
Colorado Div. of Wildlife
Wheat Ridge Bldg. Division
~e re.. a 6,t riy,~a
i ~
THE CONSOLIDATED MUTUAL WATER COMPANY
12700 West 27th Avenue • P.O. Box 15068
LAKEWOOD, COLORADO 80215
Telephone 238-0451
October 26, 1992
P:
CITY aF WHEAT RIDGE
D _ ~2
OCT 2 71992
Ms. Meredith Reckert
City of Wheat Ridge i'lA~iI1~iG & DEVELDPMEi~7
Department of Planning and Development
P.O. Box 638
Wheat Ridge, Colorado 80034-0638
Re: City of Wheat Ridge Case Number WZ-92-11/Richter,
proposed rezoning from Agricultural-One to Planned
Commercial Development, 12851 West 32nd Avenue
Dear Ms. Reckert:
We have received your correspondence dated October 14,
1992 regarding the above referenced property and our comments
are as follows. -
The Consolidated Mutual Mater Company does not have
any objections to `the =proposed rezoning_,- However, we will
again advise you that the Company has an existing easement
and a 12-inch watermain in place through a portion of the
property to be rez-oned. We have discussed-a-realignment with
the owner and the City of Wheat Ridge previously on different
occasions. We have_ not as yet heard--from the City/Owner
regarding how or when the real..ignment.. will be accomplished.
If a meeting needs to=be set to further discuss this, please
contact this office as sdoa as possible.__
MEQ:jl
cc: Dwaine Richter, Applicant
Bob Goebel, City of Wheat Ridge
John Oss, City of Wheat Ridge
Robert Rivera, CMWCO Vice President, E&O
Lynn Newman, CMWCo Chief Engineer
Donna Strong, CMWCo Engineering/Distribution Clerk
Superintendent of Distribution
7500 WEST 29TH AVENUE
P.O. BOX 638
wH a
t
The City of
E T RIDGE. CO 800340638 (303) 234-5900 cWheat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
October 28, 1992
Mr. Mike Queen
Superintendent of Distribution
Consolidated Mutual Water Company
P.O. Box 15068
Lakewood, Colorado 80215
Re: West 270 Business Park, Project S-LS.01-92,
Case WZ-92-i1/Richter, 12851 West 32nd Avenue
Dear Mike,
Thank you for your prompt response regarding the above captioned
property.
We are aware of the existing water line and easement that tra-
verses the site and are discussing potential disposition of the
line with Mr. Richter. Mr. Richter does not, to the City~s
knowledge, have any firm plans for development of the site at
this time. At this time, the City has taken the position that
relocation of the waterline with out knowledge of the potential
use, building envelopes, etc., of the site and actual need for
relocation is inappropriate at this time.
In.accordance with this position, we have reached an agreement
with Mr. Richter that he apply to the City Council for approval
of ESTEP funding during development of the site.
We will keep you advised if there are any substantial changes
regarding the status of the waterline. In any event, please do
not hesitate to contact me at 235 2863 as needed.
Respectfully,
John Oss, PE
Senior Project Engineer
CC: Dave Hasselblad, CDOT Region Six
Bob Goebel, Public Works
Meredith Reckert, Planning
conmut.svc
DAT E• October 27, 1992
TO: Ms. M. ReckertF City of Wheatridge, Dgnt. of PlanninglDev_
FRO M• Roy R. Graf ton~~ngineerino Unit Managers NMR
R1~R .ie C~yf'1ita1 Improvement Proposa~ Received In Enq_i peering _ __
PROPOSAL NAME: WZ-92-11JRichter
ADDRESS: 12851 West 32nd A;Jenue
6DVERNING AUTHORITY: The City of Wheatridge
P.B.Co, has nc, ab.iection t^ this proposal. I appears, at
this time, that there will be n^ conflict with existing P. S. Co.
facilities in the area.
Thanks
P~~Graf to
y
~~y.. ~
k ~ ,~~• f';~ .
~ ~
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge Planning Commission on November 19, 1992
at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public
Hearing or submit written comments. The following petitions
shall be heard:
1. Case No. MS-92-2: An application by Leora Nelson and Elma
Eason £or Leora B. Cunningham for approval of a two-lot minor
subdivision with variances for property located at 4100 Quay
Street. Said property is legally described as £ollows: ',
THAT PORTION OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF
THE NORTHEAST ONE-QUARTER, SOUTHEAST ONE-QUARTER OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT
RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS 30.00 $EET EAST AND 25.00 FEET NORTH
OF THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHEAST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, SOUTHEAST ONE-QUARTER
OF $AID SECTION 23; THENCE NORTH ALONG THE EAST LINE OF QUAY
STREET A DISTANCE OF 155.51 FEET, MORE OR LESS, TO THE SOUTHWEST
CORNER OF LOT 6, DAY'S SUBDIVISION; THENCE EAST ALONG THE SOUTH
LINE OF SAID LOT 134.35 FEET, MORE OR LESS, TO THE SOUTHEAST
CORNER OF SAID LOT 6; THENCE SOUTH ALONG THE WEST LINES OF
PARCELS DESCRIBED IN BOOK 684, PAGE 452 AND BOOK 686, PAGE 356, A
DISTANCE OF 155.48 FEET, MORE OR LESS TO THE NORTH LINE OF WEST
41ST AVENUE; THENCE WEST ALONG THE NORTH LINE OF WEST 41ST A
DISTANCE OF 134.~0 FEET TO THE POINT OF BEGINNING, CONTAINING
0.480 ACRE, MORE OR LESS.
2. Case No. ~i7Z=92~]: An application by the City of Wheat Ridge
£or approval of a rezoning from Agricuitural-One (A-1) to Planned
Commercial Development (PCD) and £or the establishment of uses
allowed and generai design parameters akin to an Outline
Development Plan. Said property is located at approximately
12851 West 32nd Avenue and is legally described as follows:
A parcel of land situated in the northwest quarter of Section 29,
T.3 S., R. 69 W. of the 6th P.M., County of Jef£erson, State o£
Colorado, described as £ollows:
Beginning at the southeast corner o£ Lot 7, 70 West Business
Center, whence the West quarter corner of said Section 29 bears
S. 86° 33' 43" W. a distance of 724.88 feet;
1. Thence N. 89° 43' 30" E. a distance o£ 29.00 feet;
2. Thence N. 79° 09' 50" E. a distance o£ 194.52 feet;
3. Thence N. 06° 31' 00" E. parallel with and 76.67 £eet east of
the east line of lots 2 and 3 of said 70_West Business
Center, a distance o£ 559.64 feet, to a point on the
extension o£ the north line of said lot 2;
4. Thence S. 89° 39' 00" W. along the said extension o£ lot 2 a
distance o£ 25.00 £eet; _
~
.~
.. ~ '~
5. Thence S. 000 21' 00" E. a distance of 25.50 feet;
6. Thence 5. 89° 39' 00" W. parallel with and 25.50 feet south
of the said extension a distance of 55.30 feet, to a point on
the east line of said lot 2;
7. Thence S. 060 31' 00" W. along the east line of said lots 2
and 3 a distance of 539.55 feet, to the southeast corner of
said lot 3;
8. Thence S. 89° 43' 30" W. along the south line of said lot 3 a
distance of 142.60 feet, to the southwest corner of said
lot 3;
9. Thence S. 000 47' 15" E. along the east line of said lot 7 a
distance of 30.00 feet, to the point of beginning;
The parcel described above contains 45,176 square feet, or 1.037
acres, more or less.
3. Case No. WZ-92-7• An application by Richard Todd for Phillip
G. Haas for approval of a rezoning from Agricultural-One {A-
1) to Planned Commercial Development (PCD) and for approval
of a combined outline and final development plan and plat.
This is a reconsideration of a Denial recommendation by
Planning Commission at the October 15, 1992 public hearing.
The applicant has submitted a revised development plan and
plat for the property located at 5000 Robb Street, which is
legally described as follows:
A TRACT OF LAND SITUATED IN THE SW1/4 OF SECTION 16, TOWNSHIP 3
SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. SAID TRACT
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE
N89026'26"E, 663.61 FEET AND N00°17'51"W, 1090.60 FEET TO THE
TRUE POINT OF BEGINNING'
THENCE N00017'51"W, 229.60 FEET;
THENCE N89029'40"E, 664.19 FEET;
THENCE 500016'19"E, 229.60 FEET;
THENCE S89°29'40"W, 664.09 FEET TO THE TRUE POINT OF
BEGINNING SAID TRACT CONTAINING 3.50 AC S, MORE OR LESS.
Sandra Wiggi s ecretary
ATTEST:
Wanda Sang, City Clerk
To be Published: November 5, 1992
Wheat Ridge Sentinel
<pc>pnms922/wz9211/wz927
7500 WEST 29TH AVENUE
R.o. eox s3s The City of
WHEAT RIDGE.-CO 80034-0638 _ _ -- (303) 234-5900 - -- ~-
~V6~heat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~Rldge
November 3, 1992
This is to inform you that Case No. W2.-92-11 which is a
.~
y
request for approval of a rezoning from Aa ~ it ,r 1-On (A-11 to
Planned Commercial Development (PCD and for the establishment of uses
allow d and d sign standard ak'n o an On l;na nPVPl~mant Plan
for property located at approx~matPly 128x1 wPGt 32nd AvPnnP
will be heard by
the Wheat Ridge Planning (ommiac;~n in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. ,
on November 19, 1992-
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the
P1 annlnc~' COIILn!1551O31.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
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CERTIFICATION OF RESOLUTION
• CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: WZ-92-11 LOCATION: 12851 West 32nd Avenue
APPLICANT(S) NAME: City of Wheat Ridge
OWNER(S) NAME: City of Wheat Ridge
7500 West 29th Avenue, Wheat Ridge
REQUEST: Approval of a rezoning from Agricultural-One to
Planned Commercial Development and for the
establishment of uses allowed and general design
parameters akin to an Outline Development Plan
APPROXIMATE AREA: 1.037 acres
WHEREAS, the City of Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
o£ factors is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing heard by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKHARDT, seconded by
Commissioner JOHNSON, that Case No. WZ-92-11, a request for approval
of a rezoning from Agricultural-One to Planned Commercial Development
and for the establishment of uses allowed and general design
parameters akin to an Outline Development Plan, be forwarded to City
Council with a recommendation for Approval for the following reasons:
1. The property is bounded on the east by a heavily-travelled
freeway and bounded on the west by commercial property.
2. It is not appropriate to develop this property under the
existing zoning.
3. The proposed rezoning would be compatible with adjacent land
uses previously mentioned.
4. The relocated frontage road to the west of the site does not
enter into the decision being made tonight.
VOTE: YES: Eckhardt, Owens, Rasplicka, DiCroce and
Johnson
NO• Langdon and Qualteri
~_~_
-- -
Certificate o£ Resolution Page 2
Case No. WZ-92-11
i, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 5_2 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado,
t~'Cz.-~
ith DiCroce, Chairperson
EAT RIDGE PLANNING COMMISSION
on the 19th day of November, 1992.
~ ~
San ra Wiggins, retary
WHEAT RIDGE PLANNING COMMISSION
<pc>resowz9211
Planning Commission Minutes Page 5
November 19, 1992
C. Case No WZ-42-i1• An application by the City of Wheat
Ridge for approval of a rezoning from Agricultural-One
(A-1) to Planned Commercial Development (PCD) and for
the establishment of uses allowed and general design
parameters akin to an Outline Development Plan. Said
property is located at 'approximately 12851 West 32nd
Avenue.
Mr. Gidley reiterated to those present that the case before
Commission is a change of zone and development plan for a
specific piece of property. It is not a public hearing on street
design for the realignment of Youngfield Service Drive. It is
not a public hearing on any aspect of that controversy. That
decision was made by City Council. Appropriate testimony should
be directed to a change of zone for the described property, type
of development and uses that would occur within that area.
Testimony relative to the advisability or the specifics of design
on the realigned street are not pertinent in this hearing.
Commissioner QUALTERI asked if the vacation of the service road
would be an issue this evening.
Mr. Gidley stated not really. He added that when the platting is
done in the future that portion of the street will be vacated and
the other portion of the street will be dedicated.
Meredith Reckert presented the staff report which included
slides. Entered and accepted into the record were the
Comprehensive Plan, Zoning Ordinance, case file and packet
materials, slides and exhibits.
Commissioner JOHNSON asked if the 10-foot fence would be replaced
by a six-foot fence.
Ms. Reckert stated just the opposite would occur; the six-foot
fence would be replaced by the ten-foot fence.
Commissioner QUALTERI asked how wide the new service road would
be.
Bob Goebel, Director of Public Works answered that the roadway
would be designated as a local street and the width would be 34
feet from flow line to flow line but would widen at the
intersection with West 32nd Avenue to allow for .turn lanes.
Greg Penkowsky, 1600 Broadway, Denver was sworn
into the record the City of Wheat Ridge Code of
staff report. These items were accepted by the
Penkowsky felt the application was faulty due t
and justification. He elaborated. He requeste
application.
in. He entered
Laws and the
Chairperson. Mr.
o a lack of detail
d denial of the
Planning Commission Minutes Page 6
November 19, 1992
Commissioner QUALTERI asked if staff could respond to Mr.
Penkowsky's allegations.
Mr. Gidley stated there is no obligation by an applicant to meet
all criteria. He added that it is self-evident that a change in
character of the neighborhood exists by the fact that a street
realignment has been approved and will occur. This change will
affect the general neighborhood when property currently utilized
as public street right-o£-way will no longer be used in that way.
Modifications in land use adjusting to that change in character
would be appropriate. That is the primary criteria behind this
particular change of zone.
Greg Penkowskv stated that as he reads it, all eight criteria
must be met. He added that there is no written evidence and
according to the Code of Laws the evidence should support the
findings. He elaborated.
Chairperson DiCROCE asked if Mr. Penkowsky was an attorney, and
if so, was he representing an individual or group.
Mr. Penkowsk~ stated he was representing LaQuinta Motel.
Norm Ross, 3145 Zinnia Street was sworn in. Mr. Ross stated he
did not understand that the relocation of Youngfield Service Road
was not a topic for discussion tonight. He did not agree with
the plan for relocation of the service road. He opposed the
zoning request and recommended RC-1 zoning instead.
Br d Bra er, 3238 Zinnia Court was sworn in. Mr. Brauer hoped
that there is a procedure for reconsidering previously-made
decisions. He believed that the decision for the relocation of
Youngfield Service Road was a poor one and was made without
knowledge of all of the facts. Mr. Brauer had concern regarding
the fence being installed. He stated it was to be a solid sound
wall. He elaborated on this subject.
Bob Goebel stated staff's intent is to place a concrete or block
wall in the area of concern.
Mr. Br uer did not want a wooden fence to be installed.
Mr. Goebel stated that the State Highway Department constructs
the double-sided wooden fences along highways.
Mr Brauer was hopeful that the traffic signal allowing frontage
road traffic to turn left onto W. 32nd Avenue could be removed.
He felt that this signal removal would greatly aid traffic flow.
He elaborated. He added that he disagreed with the staff report
which states that minimal adverse impacts would be created. He
thought the neighborhood would see no benefit from the zoning
change, only the City treasury. He also disagreed that the
community would reap social, recreational and/or economic
Planning Commission Minutes page 7
November 19, 1992
benefits. Mr. Brauer felt the zoning change would adversely
affect public health, safety or welfare. He pointed out areas of
adverse impact on the overhead map. He doubted that the property
could not be reasonably developed without the rezoning approval.
He asked that the request for rezoning be denied.
Commissioner RASPLICKA asked where the gravel trucks originate.
Mrs Brauer stated the trucks come from north of LaQuinta and are
forced to use the existing frontage road which is already
congested.
Commissioner RASPLICKA noted that the gravel trucks were
traveling that frontage road prior to the residential
development.
Clark B-~-own, 3278 Zinnia Court was sworn in. Mr. Brown asked
Planning Commission to consider safety factors and property
values surrounding the area of requested rezoning. He hoped the
rezoning would be denied.
Jo Heffner, 3125 Zinnia Court was sworn in. Mr. Heffner agreed
with previous comments made and additionally mentioned his
concerns regarding the impact of increased traffic in this area.
Mr. Heffner felt that a study should be done regarding increased
health hazards to the residents in the area of increased traffic.
A C ust n, 3289 Zinnia Court was sworn iri. Ms. Austin
stated her concerns relative to her need to cross W. 32nd Avenue
and Zinnia Court in her wheelchair in order to grocery shop and
do other errands.
Chairperson DiCROCE called for a brief recess at 9:16 p.m. The
meeting reconvened at 9:33 p.m.
Commissioner ECKHARDT moved that Case No. WZ-92-11, a request for
approval of a rezoning from Agricultural-One to Planned
Commercial Development and for the establishment of uses allowed
and general design parameters akin to an Outline Development Plan
be forwarded to City Council for approval for the following
reasons:
1. The property is bounded on the east by a heavily-travelled
freeway and bounded on the west by commercial property.
2. It is not appropriate to develop this property under the
existing zoning.
3. The proposed rezoning would be compatible with adjacent land
uses previously mentioned.
4. The relocated frontage road to the west pf the site does not
enter into the decision being made tonight.
i •
Planning Commission Minutes Page 8
November 19, 1992
Commissioner JOHNSON seconded the motion. Motion carried 5-2,
with Commissioners LANGDON and QUALTERI voting no.
8. CLOSE THE PUBLIC HEARING
By secret ballot, Commissioner LANGDON was elected as Chairman
and Commissioner RASPLICKA as Vice Chairman.
9. OLD BUSINESS
A. It was decided that Section 2-53, as previously
mentioned, will be placed on a future agenda.
10. NEW BUSINESS
A. Mr. Gidley reported the City Council had made a final
decision regarding undergrounding utilities on West 38th
Avenue. Utilities will be relocated within the right-
of-way west of Dover Street. The portion between
Wadsworth and Cody Street have been undergrounded.
11. DISCUSSION AND DECISION ITEMS
12. COMMITTEE & DEPARTMENT REPORTS
13. ADJOURNMENT
There being no further business, Commissioner JOHNSON moved for
adjournment. Commissioner ECKHARDT seconded the motion. Motion
carried 7-0. Meeting adjourned at 9:47 p.m.
" .
2
Sandra Wiggins, e retary
-500 WEST 29TH AVENUE
P.o. eox s3s The City of
WHEAT RIDGE. CO 80034-0638 (303) 234-5900 wheat
City Admin. Fax # 234-5924 Police Dept. Fax ~ 2352949 Ridge
January 11, 1993
This is to inform you that Case No. GVZ-92-11 which is a
request for approval of a rezoning from Agricultural-One (A-1) to
Planned Commercial Development (PCD) and for the establishment of
allowed uses-and design parameters akin to an Outline Development Flan
for property located at _~~prt~ximatPl~ i~a~i Ln7P ¢i- ~~n~ AvamiP
will be heard by
the Wheat Ridge City Council in the 'Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at ~.z~ m_,
on Ta niia r~ ~5, l QA~
All owners and/or their legal counsel of the parcel under
consideration mu be present at this hearing before the
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
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RECEIPT ADDRESS OF Of
CEFTIFIED FEE
SERVICE
TOTAL POSTAGE
Re sident
13177 r~. 33rd Ave. ......
Golden CO 3D401,,,_, __
Res Yt~-92-11 (27} t'>I; ... ,
RETURN Snow TO wnp
ADDRESS OF D
RECEIPT
GERTIFlED FEE
SERVICE
TOTAL POS'Nvl
9ReNrn Peceipt Fee wi0 p~Ee you the signature d Bie person tlalirereC,lo and tha
f deliver '. `~ _
cle Addressed to. c '_ - - "~.°= "~- 4a ~
$3146.6P. 33Rd Ave.;`_ ,, = ab.;
Golden ~ CO''"884Qi='°. ~.
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_. =SENDER ' '-. - . _ - , - - - _ --~ _" .
¢ • Complete items 7 snd/or 2 for additional services -_ , `~ '
Complete kerns 3. andya 8 0. -
¢ • Pdrrt yqur narlie aM adtlress on the reverse d this form sp that ire can return Mis card
c '~ • Attach this form to the fmrrt of tha mailpiece, ar on the back If space does notpertnit.
• Wnte Return Reuipt Requesle8' on the malpiece below the artk'e number.
¢ P ~ The Return Rece4t Fea will Provide you the signature W the parson delivered to end the
- - -date of delve _ _
& Article Addressed to. - 4. _„ . ., '..: ~ --: 4a. i
:~e~sf, rent , ---~-~
='13177".•:W.,:;33r$~AVe;,', ~ ab.:
s-con co ~ aadoi;...
~, IZ¢~ t' Y:2-S2,-11 t27),` ,H~.: ;,, , zD< --
SENDER: .~ ~~ ..
c~.~~- • Compkk items 7 and/or 2 tar adtlitbrel services
¢ - •' P~r'Ird yqur tname emss pn the reverse of this form so thatwe can return th'a caN
- to you. - - -
c Attach this form to the Iront of the mailpiece, or on the beck H space tloes not permit
• Write Return Receyt Reques[etl' on the matlpece below 1M article number. -
~ - • The Return Receipt Fee will provide you the signature of tha person dellveretl to aM the
_ data of deli
c 3. Art. i(clg_,Addressed to _ 4a. A
Resident ~ 3340' Alktre Ct. r ab.s
3340 Alicire Ct. ..
Golden CO F04D1 ,
Re; WZ-92-II (27} RS.R
PS FORM 3800
RECEIPT FOR
for
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~ PS Form 3811, November 1990.. _
I
~ '.. .. _.
POSTAGE '_,..__.
" ._~'__"`--'~~ ~_ __ - -
snow To vmoN HATE awD ~
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/ PESTg10'EO
RECEIPT Ap9RE550F OFIIVERY PASTMAAK OA GATE o
' OEUVERY ~ ¢
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.
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~ 4
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TOTAL POSTAGE ANO FEES
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-
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RETURN POSTAGE e ~ _' ~"~-'
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Wllfe `R
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O WNOM DATE ANO RESTRICTED
0gt ~ the malTpi2Ce or on the
RECEIPT ADDRES50F"pEIjyERy / POSTh1AR date or ~ji~ Receipt FR
- - DELIVEgY ~ ~
e the mail
j
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RECEIPT FOR CERTIFIE )
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' I RETURN SHOW i0 WHOM. DATE @.'p FESTRILTED _ • ComPlate fkms 1 ErM/w2 For etldltbnal SefNCeS ~ -~ ~ ~ ' _- -_~ ~ I
' ADDRESS OF pELNERV. ~ DELIVEPY ~ C ~ P iPlate ilemg$ary q28 b. ._-. ~ f011DW
' RECEIPT - - Ll Y ~DafPe, and address on tfre reverse of this farm so that we can return this card..
SERVICE CERTIFIED FEE C to you, :-LLi _e,.. -. -- - - _ _ ,
_ _ -~-- ~- _ Attach this form to the ~Iroert of the mallPiaee, or oh the back if space does rrot permit 1~
(Il - TOTAL PoSiAGE ANh FEES ~. : Write "R¢hlfn RBCplpt RBglleStptl Cn 1hB malpl¢CB bBIOW thB arik{1 nembef. _ -' 2,
~ - - - ws a E q _ The Return Receipt Fae wiA Prevltlp you theslgnature pF the person deliveretl to arld the
- N SENT TO: NOT FOgINTERNATIONAL MAIL date of delive _. v-awn-ap+r+0. a30e bFC~,. _.~_ G
i __ _ 3 Artlclejtdtlressed to;,~,.,,,~,,,,.,.,,, _
' °° 4a. Article t
~ Greg Penkowsky s Gr~gr P+-nkowsk
~'' .~ ; P
1 ~ 1£Ofl Broadwa ~ `'' ~ `~ 46. Service
m Y ~16~"~Sroadway, ,
c Benner CO $0202.- ' ..... , ;. - Fr ..
.. R~ a Cfi .; 8020,,,,
a' Res G;2-92-11 27 t'3Et ~t ~ '' zo r
.: ,
•, A ,.-
II POSTAGE -.. --__ -, .. ... _.
11 RETURN ~ _.. _ __ e 1 ~ete Gems 1 aM/tt 2 far addltbnal servbes ~ :_ ,
- SHOW TO WHOM GATE ANO 9ESrRICEO I •~~ lete items 3, antl 4a & b - fDIIOR
' RECEIPT ADDRESS OF DELIVERY I DELrv RY l c M your name and address on the re~rerse, d this form so that we ran return tlts cartl
SERVICE CERrIRED FEE p • Attach this farm to the (rent of the mailplece, ar On the back R space does not permit
- • Wnte "Return Receipt Requestetl' on the mailpiece bebw [he article number. 2.
p - TOTAL POSTAGE AND FEES p The Return Receipt Fee will Previtle you tha signature d the Person delwered to and the C
r-'{ - - -' ""N IN aNC V GEP VID - - d8te qi dehVer ~ .,_-. ,
IT-1 SENT TO: NOT FOR INTERNATIONAL MALL 3 Article. AtltlfeSSetl t9 ~-, - - • . ~- ~ - Qa, AftlClel
e
.. -. g.:, ... a era ~.
~ Dwain Ric:~ter Daiet3.n Richta-r- ' .;. ~. ~ p r
rv ..:
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ti Golden CO Sfl401 ... ~ ~ Gold:: CO„ 80401
o- . ,
a - Res WZ-92-11 (27) ,P'3,2 ''its.:. Sri8=42'=17.:~(27~;=MR' $ 7. date of[
_, -
-~^~-___-.--.~..._ .. -.~ _- .._ -' r see.' _.-
-_.__ ---_ ,_.s,~ __ .... ,,~ B. Ad_ ss
PosiaGE c I • Cpmplet~items-Lantl/or2for addrtlanal services
RETURN SHOW TO NMOM, DATE PND RESTRICTED • Cpmpiete items.3 and 4a & b - fDIIOw
RECEIPT ADDRESS OF DELIVERY ~ OELI4ERY_ ~ -- C fo ~ t Ycur name 80tl address p0 the reverse OF Sh13 farm SP Ih22 We Ca0 (eWtP ih13 Card
SERVICE cERTIFIFD FEE q • Attach the loan tp the front of the maflpiece, or on the back tl space does not permit ~'
- - - • -Write `Return R§cewt RegL~ested" an the mailplep8'below the adicle'nunber. - Q,
~ ToiAL ROSTaGE ar:D FEES p • The Return Receipt Fae will pmJde ya tfid agnaiure of the person daliveretl to antl the
-- - -- - date or define - G
~ SENT TO: N I NoT FoR IH °arvmloNAL rviia 3 Article Adtlressed tG'_ - „q; ~_ qy, Article I
a Vic fioaert&csn Via• Roberrtson ~ p p
~ Colo. Bept, of Trans. ~ Colo,. Dept. of-Trams, '....°~ •, . `
4b. Service
Itsgion 6, 2000 S. Sollgr Re43on'6, ZOOO.S. ally- .
N -
~ Denver CO H0222 - - D®aver« COQ ~0c~ E sP•gT ~?~
rr<
'; o. Rc:s 4dZ-92-i1 (27)_,bSF? . - &~x ~fdS~92.~7; itt ?~~"`". ~0 7. Date of
~~.. ! 7 ~ ~
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~I . __.__.. -.~. a ..._ -_ _ ___„ 5 Signature_ {Addressee _ - --- -1993 ~~ ~ '
' PS FORM 3800 _ - _ G ~ ° ~ . 8.~(ONLY ftE
RECEIPT FOR CE ° 2~ -
- ~ 6. Signature - (Age ) ~ "~
~ ~:TAB:E~H"~ 1 ~ •'
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4
M E M O RAN D U M
TO: John Hayes, City Attorney
FROM:. `Meredith Reckert, Planner
RE: Case No. WZ-92-11/Richter
DATE: January 18, 1993
Case No. WZ-92-11 is a City-initiated zoning on the Youngfield
Service Road at West 32nd Avenue adjacent to Dwain Richter's
property. The purpose of this rezoning is to help facilitate the
frontage road relocation to align with Zinnia Court to the south.
Attached is a copy of the covenants for Applewood Gardens
Subdivision.
According to one of the homeowners, at the public hearing one of
the arguments which will be presented to City Council for a
denial of the PCD zoning is that the City will be violating the
covenants.
MR:slw
attachment
Px~xo & PExxows~
A PgOFE5510 NAL COO POPATION
ATTORNEYS AT LAW
1000 BROADWAY
QUITE 1645
DENVER COLORADO SOZOZ
(3D3) 830-8802
FAx: (303) 830-8815
January 13, 1993
Ms. Meredith Reckert
Department of Planning
and Development
P.O. Box 638
Wheat Ridge, CO 80034
Re: Protective Covenants for
Applewood Gardens
Dear Ms. Reckert:
Please find enclosed a copy of the protective covenants for
Applewood Gardens.
If you have any questions, please do not hesitate to call.
GDP:plf
. ~~}loT~cT;.vr•, covrrAr,-rs
~,n, corded
October 20, 1961 F•0}'}
APPI,EiY'OUD GARDEiiS
Aooit 1417
Page ~,{j
tiarco loc., sole owner of the lands platted and known as "Applewood
Gardens",-does by this instrument impose thereon the following'res-
trictive covenants for ttfe future benefit and limitations of itself
and those acquiring interest hereafter therein, to the same extent
and p[[rpose that every conveyance of all or any part t}rereof shall
be taken and held as though each of the same were specifically in-
corporated therein, the following, namely:
1. The covenants hereof shall run with t}ie land and be binding
upon all persons and parties clai[sing through the undersigned,
until January 1, 1982, at which time t}fey shall automatically ter-
minate finless ektended.by a vote of the then record fee owners of
a majority of the lots withda Applewood Gardens.
2. No dwelling with a ground floor area of less than 1,000 square
feet, exclusive of any garage or open porch, shall be erected or
permitted within the area so platted and designated. Upon the
erection of a dwelling, there shall also be erected for the uses
thereof a private garage sufficiently Iarge to acco:rmodate at
least two passenger automobiles_ No dwelling shall exceed two stor-
ies in height at the front finished grade of the improvement. No
other building shall exceed one :>tory in height above the highest
point of the finished grade adjoining the building. T}te exterior
finis}t of walls of buildings .above 'the adjoir.irg finished grade
shall be of a bric}t or stone or a combination of brick, stone and
siding material. No building shall have a flat roof or a roof
with a pitch of less than ttivo-to-twelve.
3. No building shall be located on any lo't therefor which building
is nearer to any street lot line t}zan 30 feet. T'ite minimum fvidth
n-' Sloe y:l.rds fOr b::1 ).d 3.ngs shall 1]0 $ ,-('~a'.;, w7_th ;, fetal Side yard
width oY no't less than 15 feat. F:ear•-y arcs shall. bane a minirru;a
depth of•5 feet. For the purpose of this covenant, eaves ,. steps
and open porches shall not be considered as part of a building.
<. No noxiofzs or offensive activity s}fall be carried on upon any
lo'L- nor shall anythinn be done .thereon which may be or become an
annoyance or nuisance to the neighborhood.
~. No structure of a temporary cEfaracter, traiJ.er, basement, tent,
shack, garage, barn, other outbuilding shall be used within the _
subdivision aL- any time as a residence, either temporarily or
permanently.
6. P;o sign of any }rind shall be displayed to the public view oa
ary lot except one professional sign of not more than one square
Soot, one ,ign o1' not more than 5 square feet advertising the
property for sale or rent, or siE;ns used by a builder to advertise
tine property during the construction and sales period.
7. Trash, garbage or other litre waste shall riot be kept upon t}[e
pie.tted suldivision except in covered sanitary container.^>. All
in.;iac:rators or other equipraent for the storage oz• disposal of .like
material shall be ItepL- in a clean and sanitary condition.
:.:.
F. . .
f'-, TTv hedge o~hz'ub planting which obst~cts sii;ht linen at
elevations between 2 and 6 feet above the roadways shall be placed
or nermitted to remain on any corner lot within the triangular area
forr:ed by the street property Line:; a.^. r( a line connecting them at
pi>ints 25 feet from the intersection of the street lines, or in the
case of a rounded property corner, iron the int^rsection'of the
s treet property lines extended. 'L'ire same si6trt-line limitations
shall apply on any lot within 10 feet from the intersection of a
street property line with the edge of a driveway or alley pave-
ment. No tree shall be permitted to remain within such distances
of such intersections unless the foliage line is maintained at
sxrfficierxt height to prevent obstruction oP such sigfxt-lines.
9. ~As a part of each dwelling there shall be installed and main-
tained within five feet of the front tract-line a street light or
lamp of not less than twenty watts, at a height of not more than
seven feet above the ground, Such light or lamp shall be kept
burning at all times during the hours of darkness, and shall be
controlled by an automatic time-switch.
10. No animals of any ]:ind shall be raised, bred or kept within
the subdivision, except that dogs, cats or similar household pets
may be kept as pets only, and except that so long as the road adjac-
ent to any tract be not opened that farming may continue without '
being subject to this limitation.
11. Upon violation of any of ttxe covenants herein, it shall be law-
irxl for any other person or persons owning real property situated in
the subdivision to prosecute any proceedings at ].aw or in equity
against the person or persons violating'or attempt.itrg to violate
any such covenant and either to prevent Ixim or them from sv doing
or recover damages or other dues for such violation.
12, invalidation oP axxy one o3 'these .covenants by judgment of court
order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
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Coun~r Jefieesan.Stai~~.af,Go.
-\
L'XT'ENS10N OF PROTECTIVE COVENANTS 1'OK APPLEw00D /
C;ARllENS ANU DESIGNATION OF VOTE '
The undersigned, constituting record Lee owners
of a majority oC Che lots of APPI,~WOOD CARUI'sNS, a subdivision
in the County of Jefferson, State oC Colorado do, by this
instrument, extend the PROTECTIVE COVENANTS FOR APPLEWOOU
GARDENS originally recorded on Octoher 20, 19Ci1, in Book
1417 at Page 441, Che provisions of which are attached
hereto and iucorpural'ed he.rc.i.n by this reference;
'I'hc unclcrsignc<I
affixed h
t undersCand that Cheir signatures
ere
o cnnstiCuCe
COVENANTS FOR APPLEWOOD a vote to extend
GARDENS
r the PROTECTIVE
1
nl' said pu
suant to Paraf;raph
..
covcnanCS to run with the Land for file future
henefi.t and limil'ation ~, C Chemscl.ves and those a
i
i
interesCS in C'he Lots of AI'PLEWOOD GARDENS; cqu
r
ng
The undersigned hereby attach Cheir signatures
hereto for. the purposes above stated:
Q#~. ~ ~ ~ ~l~ , • ;'~ ~._l (.~~ rV' 3238 Zinnia Court, Lot 2,
~~'ose E. O'Neill and Kathleen C. O'Neill Block 1, Applewood Gardens
Zinnia Court, Lot 3,
k 1, Applewood Gardens
Zinnia Court, Lot Jy,
k 1, Applewood Gardens
~chael 1;.
e Mic,ael SG
. --~
}larv@y~B. ;
/%i~-~ ,
i6,
/Smi~thmn and L;rika Smitham
%~
Mabee
forlan and Josephine B. Morlan
'taut and L'ette J. Stout ~~
3268 Zinnia Court, Lot 5,
Block 1, Applewood Gardens
3278 'Linnia Court, Lot 6,
Block 1, Applewood Gardens
131116 W 33rd Avenue, Lot 7,
,Block 1, Applewood Gardens
3229 Zinnia Court, Lot 111,
Block 2, Applewood Gardens
Zinnia Court, I,ot 13,
k 2, Applewood Gardens
Zinnia Court, hot 12,
k 2, Applewood Gardens
3159 Zinnia Court, Lot li,
Block 2, Applewood Gardens
'3269 Zinnia Court, Lot 10,
Block 2, Applewood Gardens
9 Zinnia Court, Lot 9,
ck 2, Applewood Gardens
~'"-' , 3289 Zinnia Court, Iot 8,
ay Austin Block 2, Applewood Gardens
G~~'Ww.u m ~` Ni-lc...~
rthur C. Austin arm fi
~ ~
:8 I 0 9 3 :7.5.3
CX1'EN510N O1' YKO'I'EC'I'1VL COVENANTS FOR APPLEW000
GAIZllL•"NS ANU UESIGNA'fION. OF VOTE
The undersigned, consfit'citing record f.ec~ owners
of a majority ol• the .tots of AI'PLEWODU (;ARDENS, a subdivision
in the County ci` Jefferson, State of Colorado do, by Chic
instrument, exCc`nd Che I'RO'fECTIVl3 COVENANTS FOR APPLEW001)
GARDENS originally r.acordcd on OcCoher 7.0, _1961, in Book
1417 at Page /~/il , t:.ha provi.si,ons of which are attached
hereto and incorlx>raCed herein by Phis reference;
The undersigned understand t'haC their signatures
affixed hereto constil'uCe a vote to extend Che PRO't'EC"FIVE
COVENANT'S I'OR APPLEW000 GARllENS ixrrsi.iant l'o Paragraph
l.. of said covenanCs Co run with the land Lor the future
benefit and 1.imi('ation of themselves and those acquiring
interests in the Lot's of APPLEWOOU GAKUENS;
The undersigned hereby aL'tach their signatures
hereto Lor the purposes above stated:
• L. 1L~i1R J•
i '
/
Rich//ar
Michael J.
L n A, We.
%c
r' ..
Ii3mer R. Ses's:i;:n;;' ^~:~~.ice J. Se;
;~ r
ba
Alkire Court, Lot 1,
k 2, Applewood Gardens
3230 Alkire Court, Lot 2,
Block 2, Applewood Gardens
32110 Alkire Corlrt, Lot 3,
Block 2, Applewood Gardens
3250 Alkire Court, Lot !1,
Block 2, Applewood Gardens
32G0 Alkire Court, Lot 5,
Flock 2, Applewood Gardens
3270 Alkire Court, I,ot G,
Block 2, Applewood Gardens
3290 Alkire Court, Lot 7,
Block 2, Applewood Gardens
3221 Alkire Court, Lot 1,
Block 3, Applewood Gardens
X231 Alkire Court, Lot 2,
Block 3, Applewood Gardens
32LJ1 Alkire Court, I,ot 3,
Block 3, Applewood Gardens
, 3251 Alkire Court, Lot 6,
Block 3, Applewood Gardens
~~~ , 3261 Alkire Court, Lot 5,
ver Block 3, Applewood Gardens
.+^Zl~~kire Court, Lot 6,
_i,_~.,.__~...__-, 5~
sions Block 3, Applewood Gardens
/'?
ti~~ yen ow)-3281 Alkire Court, Lob 7,
. fioisinf:t Block 3, Applewood Gardens
~_p32D1 Alkire Court, Lot 8,
:rpce Block 3; Applewood Gardens
132Ub W 33rd Place, Lot 9,
Block 3, Applewood Gardens
,2
J
i ~
~~~
81093153
•3
EXTENSION OF I'RO'I'ECTIVE COVLNAN`L'S FUR AI'PLEWWU
GAI{llENS ANU UESiGNAT1.ON 01~ VU"fE
The undersigned, constituting record tee owners
of a majority of the l.ol's of APPLEWOOD GARUIiNS, a subdivision
in the County of Jefferson, State of Colorado do, by this
instrument, ext'cnid the I'RO'fEC'I'IVE COVENAN"CS FOR APPLEWOOD
GARDENS originally recorded nn Octoher 20, 1961, i.n Book
1417 al' Page /<<<1, the provisions of which are attached
hereto and incor•I,orated herein by this reference;
The undersigned understand Chat' their. signatures
affixed hereto consti.Cute a vote to extend the PROTECTIVE
COVENANTS FOR API'I,EWOOU GARDENS pursuant' Co Paragraph
1. o[ said cov~~u;ull's Co r un with Che land f.or ff'ie Culure
benefit and limit:~Cinn oC themselves and Chose acquiring
interests in the Lots of AI'PLL•'WOOU GARDENS;
The iindersi.gnec.l hereby attach their signatures
hereto £or Che purposes above .stated: _
3320 Alkire Court, Lot 1,
Block 1~, Applewood Gardens
131x7 W 33rd Avernre, I,oL 2,
filock l,, Applewood Gardens
13177 W 33rd Avenue, Lot 3,
Block !t, Applewood Gardens
~ (L(~,~,cPJc.Q_, , 131G7 W 33rd- Avenue,_Lot [r,
;icia J. 1Ci. re Block li, Applewood Carders
~ciR . lG~Lrro(ce ~J6JC
, No Address, Lot $, Iilork L,
Dwaine !t. ltichter Applewood Gardens
_ , iJo Address, Lot 6, Nlock 1~,
llwaine ft. Richter Applewood Gardena
, 14o Address, Lot 7, Block 11,
Uwaino R. ltichter Applewood Gardens
Ito Address, I.ot Vii, Flock la,
ilwaine R. ltichter Applewood Gardens
, No Address, Lot 9, Rlock L,
llwaine R. Nichter Applewood Gardens
No Address, Lot 10, flock 11,
ilwaine R, Richter Applewood Gardens
No Address, I.ot 11, Rlock L~,
llwaine R. Richter Applewood Gardens
_ _- , No Address, Lot t3, Block 1,
llwaine R. Richter Applewood Gardens
Dwaine It, ltichter
No Address, Lot 9, Block 1,
Applewood Gardens
, No Address, Lot 10, Black 1,
Dwaine R: ltichter Applewood Gardens
Ihraine ft. ktichter
No Address, Lot 11, flack 1,
Applewood Gardens
_ , No Address, Lot 12, _filock 1,
Dwaine R. Richter Applewood Gardens
~ ~
EXTENSION OF PROTECTIVE COVENANTS FOR APPLEWOOD
GARDENS AND DESIGNATION OF VOTE
The undersigned, constituting record fee owners
of a majority of the lots of APPLEWOOD GARDENS, a subdivision
in the County of Jefferson, State of Colorado do, by this
instrument, extend the PROTECTIVE COVENANTS FOR APPLEld00D
GARDENS originally recorded on October ZO, 1961, i.n Book
1417 at Page 441, the pt-ovisions of which are attached
hereto and incorporated herein by this reference;
The uixiersigned understand that their signatures
affixed hereto constitute a vote to extend the PROTECTIVE
COVENANTS FUR APPLEWOOU GARDENS pursuant to Paragraph
1. of said covenants to run with the land for the future
benefit and limitation of themselves and those acquiring
interests in the lots oF.APPLEW00D GARDENS;
The undersigned hereby attach their signatures
hereto for the purposes above stated:
No Address, Lot 13, Alock 1,
Dwaine Re Richter Applewood Gardens
, No Address, Lot lip, Block 1,
Dwaine Re Richter Applewood Gardens
, No Address, Lot 1, Elock 1,
Dwazne R, Richter Applewood Gardens
Y 1 ~l7 J J ! J Y i7Di llLL L.7 f fl 1 • Jo - / .~
9: ~O ~ • County afiEarAOn &teta Af Cit,
/ /- .3
EXTENSION OF PROTECTIVE COVENANTS FOR APPLEWOOD
GARDENS-SECOND FILING AND DESIGNATION OF VOTE
The undersigned, constituting record See owners of a ma~oritT of the lots
of APPLEWOOD GARDENS~ECOND FILING, a subdivision in the CountT of Jefferson,
State of Colorado do, bT this instrument, extend the PROTECTIVE COVENANTS
FOR APPLEWOOD GARDENS~ECOND FILING originallT recorded on October 20, 1961,
in Book ].1117 at page !1111, the provisions of which are attached hereto and
incorporated herein bT this reference;
The undersigned understand that their signatures affixed hereto constitute
a vote to extend the PROTECTIVE COVENANTS FOR APPLEWOOD GARDENS-SECOND FILING
pursuant to Paragraph 1, of said covenants to run with the land for the
future benefit and limitation of themselves and those acquiring interests in
the lots of APPLEWOOD GARDENS-SECOND FILING;
The undersigned herebT attach their signatures hereto for the purposes above
stated:
~ ~ ..~- ~ ~ ~~4 ~.,~ i
Kenneth L. Wheeler and Sue M. Wheeler
Leonard L. Abote and Luci lb C. Abote
ack E. Rhine and Ha tc.._
/- T ou Rhine
/ i r-~ /1
1 Alkire Court, Lot 1,
.ewood Gardens-Second Filing
Alkire Court, Lot 2,
!ewood Gardens-Second Filing
Alkire Court, Lot 3,
ewood Gardens-Second Filing
33111 Alkire Court, Lot 11,
Applewood Gardens-Second Filing
X3116 Alkire WaT, Lot $,
Applewood Gardens-Second Filing
33x6 Alkire WaT, Lot 6,
Applewood Gardens-Second Filing
~85 Alkire WaT, Lot 7,
Applewood Gardens-Second Filing
33115 Alkire WaT, Lot 8,
Applewood Gardens~Second Filing
3295 Alkire WaT, Lot 9,
Applewood Gardens-Second Filing
3285 Alkire WaT, Lot 10,
Applewood Gardens~econd Filing
3275 Alkire WaT, Lot 11,
Applewocd Gardens-Second Filing
, No Address, Lot 12,
Alkire Associates Partnership Applewood Gardens-Second Filing
, No Address, Lot 13,
Alkire Associates Partnership Applewood Gardens-Second Filing
~,,
, No Address, Lot 11i,
Richard R. Dearing and Jacqueline Dearing Applewood Gardens~econd Filing
(•"' ""~ ~ •.. +.+uwurat ~ ~g11U DernlLa Y • tiauhl8art Q
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: City Counc?il Date Prepared: January il, 1993
Date of Meeting: January 25, 1993 Case Manager:~Ieredith Reckert
Case No. & Name:
Action Requested:
Location of Reque
Name & Address of
Name & Address of
WZ-92-11
Rezoning from A-1 to PCD
st: Approximately 12851 West 32nd Avenue
Applicant(s): City of Wheat Ridge
7500 West 29th Avenue
Owner(s): Colorado Department of Transportation
-----------------------------------------------------------------
Approximate Area: 1.037 acre
Present Zoning: Agricultural-One
Present Land Use: Youngfield service road
Surrounding Zoning: N: A-l, PCD; S: A-1; E: A-1,_W: PCD
Surrounding Land Use: N: service road; S: W. 32nd Avenue; E: I-70;
W: hotel, cafe, vacant
Comprehensive Plan for Area: Commercial activity center
------------------------------------------------------------------
Date Published: December 24, 1992
Date to be Posted: January 11, 1993
Date Legal Notices Sent: January 11, 1993
Agency Check List (XX) Attached ( ) Not Required
Related Correspondence (XX) Attached ( ) None
-----------------------------------------------------------------
ENTER INTO RECORD:
(XX) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Slides
Subdivision Regulations (XX) Exhibits
JURISDICTION'
The property is within the City of Wheat Ridge, and all notification
and posting requirements have been met, therefore there is
jurisdiction to hear this case.
City Council Staff Report Page 2
Case No. WZ-92-11
I. REQUEST
Case No. WZ-92-11 is a City-initiated request to rezone property at
approximately 12851 West 32nd Avenue from Agricultural-One to Planned
Commercial Development and for the establishment of uses allowed and
general design parameters akin to an Outline Development Plan.
Purpose of the rezoning is to'facilitate the relocation of the
Youngfield Service Road to align with Zinnia Street south of West 32nd
Avenue.
II. PROPERTY HISTORY
The property known as 70 West Business Center was annexed to the City
of Wheat Ridge in 1975. At that time, an Outline Development Plan was
approved establishing uses and general design parameters for the
property. Enclosed is a copy of the outline plan also showing the
area to be rezoned and the new frontage road location.
In 1984 the Country Cafe and La Quinta Motel were approved and
constructed as the 70 West Business Center final development plan and
plat. At the time of developmeht plan approval, there was discussion
with State Highway regarding the traffic hazard due to the proximity
of the Youngfield Service Road to the I-70 off-ramp. Because of this
concern, the City of Wheat Ridge placed a deed restriction on the 70
West Business Center that no further development could occur until the
service road was relocated away from the off-ramp,
During 1991, the City's Public Works Department went through a series
of public meetings and hearings to reach a decision on'the placement
of the relocated frontage road. The final decision was made by City
Council at a public hearing held on June 24, 1991. See minutes
attached under Exhibit 'A'.
Since that time, the City has been working with the Department of
Transportation and the adjacent property owner to facilitate the road
reconstruction. The City-initiated rezoning procedure was agreed to
during negotiations with the entities involved.
III. PROPOSED ZONING
The adjacent property owner, Dwain Richter, who has agreed to "swap"
land with State Highway for the road relocation, would like zoning on
land which will be vacated to him similar to zoning on the land he is
giving up for the road.
The current zoning on the DOT property is Agricultural-One which would
allow a single-family residence or a variety of general farming
operations.
Please refer to the Outline Development Plan which has drawn on it,
the location of the current service road (area-being rezoned) and the
new location of the road.
City Council Staff Report Page 3
Case No. WZ-92-11
The area being rezoned is located adjacent to Use Area 'D' which
permits C-1 uses and development standards. Staff would recommend
that the parcel being rezoned also be given C-1 use and design
parameters to be consistent with Use Area 'D'. See attached copy of
C-1 regulations.
Prior to any more development on the site, a final development plan
and plat must be submitted by the owner and reviewed by Planning,
Commission and City Council at public hearings. At this time, the
adjacent property owner has no specific development scenario in mind.
IV. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on October 29, 1992 at 7:00
p.m. in the Municipal building council chambers.
Staff present: Meredith Reckert, Planner, John Oss, Senior Projects
Supervisor.
Others in Attendance: Chuck Hitt, 3239 Zinnia Ct.; Rene Dephius, 3229
Zinnia Ct.; Brad Brauer, 3238 Zinnia Ct.; Norm Ross, 3145 Zinnia St.;
Charlie & Lois Huyck, 3301 Youngfield Service Rd.; Mike & Erica
Smitham, 3268 Zinnia Ct.; Bill & Janette Smitham, 3248 Zinnia Ct.;
Clark Brown, 3278 Zinnia Ct. and Steve Barnhill 13149 W. 33rd Ave.
Discussion at the meeting ranged from the process behind the road
relocation decision to street signage on West 32nd Avenue. In
general, the following concerns were expressed: public hearing notice
for 6/24/91 meeting was too short; reduced property values in
neighborhood because of road relocation; noise from frontage road
being closer to residential area; widening of West 32nd Avenue not a
sure thing with this project; bike traffic hazard to get to Clear
Creek trail; the amount of noise and dust from gravel trucks; question
of who maintains the strip between new road and their rear property
lines.
There were also items for clarification brought up which required
listening to the tape of the June 24, 1.991 City Council meeting. In
response to the questions raised, Staff has come to the following
conclusions:
1. With the approved design, the western edge of the frontage road
right-of-way will be 25 feet from the Zinnia Court residents'
rear property lines. Edge of asphalt will be 33 feet away from
same property line.
2. The City agreed to extend the fence and berm south to West 32nd
Avenue rather than jogging west to Zinnia Court as it currently
exists. Provisions must be made for sight distance for the
frontage road and Zinnia Court intersections with West 32nd
Avenue.
City Council Staff Report Page 4
Case NO. WZ-92-11
3. It was agreed that the fence would be 10 feet high on top of the
berm. The material for the wall was specified only once during
the motion discussion as being concrete by Kent Davis, who
amended the motion. The rest of the discussion and motion
referred to it as a "solid sound wall". It is not clear as to
the intent of Council relative to the type of materials to create
the "solid sound wall".
4. The neighbors requested that the sound wall be in place before
construction of the frontage road begins.
5. If the frontage road is not relocated,-the DOT will remove the
signal for the frontage road and limit turning movements to
right-in/right-out only, forcing "turn-around" traffic onto
Zinnia Ct. and Alkire St.
V. AGENCY REFERRALS
Colorado Department of Transportation encourages rezoning to help
facilitate service road relocation.
Jefferson County Planning has no objection to the rezoning. They
request no further access to West 32nd Avenue.
Consolidated Mutual has a 12-inch water main in the area being
rezoned.
VI. EVALUATION CRITERIA
Staff has the following comments regarding the criteria used to
evaluate a rezoning request.
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 property is designated as Commercial Activity Center on the
Comprehensive Plan. Staff concludes that commercial zoning would be
consistent with this designation.
2. That the proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
The change of zone is compatible with surrounding property.
3. That there will be social, recreational, physical and/or
economic benefits to the community derived by the change of zone.
The change of zone creates a more developable parcel which could have
economic benefits for the City of Wheat Ridge.
City Council Staff Report Page 5
Case No. WZ-92-11
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.
There is adequate infrastructure to serve the property.
5. That the proposed rezoning will not adversely affect public
health, safety or welfare by creating excessive traffic
congestion, create drainage problems, or seriously reduce light
and air-to adjacent properties.
The proposed zoning will positively affect the public welfare by
helping facilitate the frontage road relocation thus improving traffic
flow on West 32nd Avenue.
6. That the property cannot reasonably be developed under the
existing zoning conditions.
The property cannot reasonably be developed with Agricultural zoning.
7. That the rezoning will not create an isolated or spot zone
district unrelated to adjacent or nearby areas.
Spot zoning is not a concern.
8. That there is a void in an area or community need that the
change o£ zone will fill by providing for necessary services,
products or facilities especially appropriate at the location,
considering available alternatives.
There is no void in services that the rezoning will fulfill, however,
it will benefit the public good.
Staff concludes that the criteria used to evaluate a rezoning support
Approval of this request.
VII. PLANNING COMMISSION A TION
Planning Commission reviewed this request at a public hearing held on
November 19, 1992. A recommendation of approval was made for the
following reasons:
1. The property is bounded on the east by a heavily-travelled --
freeway -and bounded on the west by commercial property.
2. It is not appropriate to develop this property under the
existing zoning.
3. The proposed rezoning would be compatible with adjacent land
uses previously mentioned.
City Council Staff Report Page 6
Case No. WZ-92-11
4. The relocated frontage road to the west of the site does not
enter into the decision being made tonight.
VIII. CONCLUSION & RECOMMENDATION
Staff concludes that rezoning of the existing Youngfield Service Road
is necessary to help facilitate the road relocation. Staff further
concludes that the rezoning will benefit the public health, safety and
welfare. Because the criteria used to evaluate a rezoning support
this request, a recommendation_of Approval is given for Case No. WZ-
92-11 with the condition that C-1 use and design parameters be allowed
on the property.
IX. RECOMMENDED MOTION
OPTION A: "I move that Council Bill No. ,-a request for
rezoning approval from A-1 to PCD with C-1 use and design parameters
on property located at 12851 West 32nd Avenue, be Approved for the
following reasons:
1. The rezoning will help facilitate the service road reconstruction.
2. The criteria used to evaluate a rezoning support this request.
3. Staff and Planning Commission recommend approval.
With the following condtion:
1. C-1 use and design parameters be allowed on the property.
OPTION B: "I move that Council Bill No. a request for rezoning
approval from A-1 to PCD with C-1 use and design parameters on
property located at 12851 West 32nd Avenue, be Denied for the
following reasons:
1_
2.
3. "
<pc>srwz9211
" PARCEL "C"
(EXISTING HIGHWAY RIGHT-OF-WAY) i
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10371 E. ~FVMO• SUtR 10T
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(303) 111-9131 ~TOwaC\PettCC.
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CASE NO. WZ-92-11
AGENCY REFERRALS SUMMARY
g Fire: (Lakewood) No response~_
Schools:
X Water: !Consolidated Mutual) Has a 12-inch main in area to be
X Sewer: (~inr+hweSt r,akewoodl
X US West Communications: ~o response.
X Public Service_Co:
State Land Use Comm. (over 5 acres):
State Geologist:
X State Highway: Is working with City on frontage road relocation. I
Concurs with rezoning.
Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) !Planning)
No problem. No access to West 32nd Avenue.
Adjacent City:
g American Cablevison: __No response.
CITY DEPARTMENTS
X Public Works: clzr Y+c the request.
Parks & Recreation:
Police:_
Building Inspection: _~
pc/Agencyrefsum
PROTEST
TO: .WHEAT RIDGE CITY COUNCIL
FROM: Greg Penkowsky, Esq.
DATE: January 25, 1993
RE: Case No. WZ-92-11; 12851 West 32nd Avenue
The City of Wheat Ridge Planning Division is in the process of
attempting to rezone from A-1 to PCD certain lands located at
approximately 12851 West 32nd Avenue to facilitate the relocation
of the frontage road for I-70. This is a city initiated rezoning.
The undersigned has reviewed the case file for WZ-92-11 (attached
hereto as Exhibit A), and believes that both for procedural and
substantive reasons this rezoning attempt is in violation of the
City's code, and therefore this application should be denied.
The Wheat Ridge City code ("Code") sets forth the procedural
and substantive requirements which apply to a change of zone. The
pertinent provisions of the Code are attached hereto as Exhibit B:
Application Form
The Code provides that rezoning applications may only be
originated by the fee owner of the property or by his attorney or
legally designated agent by power of attorney. The application
shall be submitted on notarized forms and shall be accompanied by
proof of ownership of-lands and a fee of $200.00 for rezoning
districts other than planned development districts and a fee of
$300.00 for rezoning to a planned development district.
The case file for WZ-92-11 ("case file") does not contain
proof of ownership of land nor does it contain evidence of any fees
for the proposed rezoning. Further, there is no power of attorney
which designates the City to bring the action or rezoning.
By letter dated September 16, 1992, Robert L. Clevenger, Chief
Engineer for the Colorado Department of Transportation signed a
document purporting to be a power of attorney. However, this power
of attorney is not effective inasmuch as it is conditioned upon
"the construction of the new facility and the exchange of existing
frontage road right-of-way." No new facility has been built, thus
no right to bring this rezoning action has been granted.
Information Which Must Be Included in the Application
The Code provides that:
All applications shall be accompanied by written
information in sufficient detail to convey the full
intent of the applicant and justifications of why a
• . _ cN
change of zone is appropriate in the area and shall
include:
1. Need for the change of zone.
2. Present and future effect on the existing
zone districts, development and physical
character of the surrounding area.
3. Access to the area, traffic patterns, and
impact of the requested zone on these factors.
4. Availability of utilities.
5. Present and future effect on public
facilities and services, such as fire, police,
water, sanitation, roadways, parks, schools,
etc.
6. A discussion of the relationship between
the proposal and adopted plans and/or policies
of the City.
7. Any additional materials to adequately
review the proposal.
The Code requires written information in sufficient detail to
convey the full intent of the applicant and justifications of why
a change of. zone is appropriate. The application is sparse.
Generally, it does not convey in sufficient detail the written
information required by the Code. It also lacks any information
about certain areas required by the Code.
The application only speaks in passing for the need for the
change of zone. ,There is absolutely no discussion of the present
and future effect on the existing zone districts, development, and
physical character of the surrounding area. There is no discussion
of the access to the area, traffic patterns and impact of the
requested zone on these factors. There is no discussion of the
present and future effect on public facilities and services, such
as fire, police, water, sanitation, roadways, parks, schools, etc.
There is no discussion of the relationship between the proposal and
adopted plans or policies of city. In short, the application is
fundamentally flawed for its complete lack of written information
in sufficient detail to convey the full intent of applicant and
justifications of why a change of zone is appropriate. Without
this written basis, approval of this rezoning request would be
arbitrary, capricious, unreasonable, and an abuse of discretion.
-~ _ •
.'
Criteria for Review
The Code provides that the before a change of zone is
approved, the applicant shall show, and the Planning Commission and
City Council shall find:
That a change in character in the area has
occurred due to .installation of public
facilities, other zone changes, new growth
trends, deterioration, or development
transitions and that the evidence supports the
finding of the following:
1. That the change of zone is in conformance
with the City of Wheat Ridge Comprehensive
Plan goals;
2. That the proposed change of zone is compatible
with the surrounding area and that there will be
minimal adverse impacts considering the benefits to
be derived;
3. That there will be benefits to the community
derived by the change of zone;
4. That adequate facilities are available to
serve the uses allowed by the change of zone or
that the applicant will upgrade and provide such
where they do not exist;
5. That the proposed rezoning will not adversely
affect public health, safety, or welfare by
creating excessive traffic congestion;
6. That the property cannot reasonably be
developed under the existing zoning conditions;
7. That the rezoning will not create an isolated
or spot zone district; and
8. That there is a void in an area or community
need that the change of zone will provide.
The criteria for review makes it clear that before a change of
zone is approved the City Council shall find that a change in
character in the area has occurred and that the evidence supports
the finding of the conditions noted above in subparagraphs 1
through 8. The satisfaction of these nine conditions have not been
shown by the applicant and thus it would impossible for City
Council to properly approve this change of zone.
3
The City of Wheat Ridge Planning Division Staff report dated
November 12, 1992, does not address alT nine conditions. The staff
report is attached hereto as Exhibit C.
There has been no change in character in the area which has
occurred due to installation of public facilities, other zone
changes, new growth trends, deterioration,- or development
transitions. The proposed change of zone is not compatible with
the surrounding area.
As previously mentioned, this change of zone will bring about
a relocation of a road which will adversely impact the surrounding
area on both aesthetic and safety grounds. As per the petition
attached hereto as Exhibit D, these impacts are significant and
outweigh the benefits to be derived. There has been no showing
that adequate facilities are available to serve the type of uses
encouraged by this change of zone. Additional commercial
structures in the area will over burden transportation facilities.
The proposed rezoning will adversely effect public health, safety,
and welfare by creating unsafe traffic conditions. The Code
provides that it must be found that the 'property cannot reasonably
be developed under the existing zoning conditions. Currently, the
only impediment to develop the property is a City imposed
restriction, which the City could remove to allow construction in
the area. Last, there is no void in the area or a community need
that the change of zone will-fill. The staff report states the
same.
In short, the Code provides the nine conditions which must be
met before the City Council shall approve a change of zone. These
conditions have not been met. Thus, there is no legal basis for
the City to approve this application for change of zone.
Wherefore, the undersigned respectively requests the City,
Council to deny this request for a change of zone.
Dated this 25th day of January, 1993.
PHARO &„y~ENK~SRY, P.C.
Broadway,~uIIit~ 1645
0-8802
ATTORNEYS FOR LAQUINTA MOTOR
INNS, INC.
4
r~ •
CITY COUNCIL MINUTE January 25, 1993
Page -3-
Item 3. Council Bill 36 - An Ordinance providing for the a
rezoning from from Agricultural-One to Planned Commercial of
Development (PCD) and for the establishment of Uses Allowed and
General Design Parameters akin to an Outline Development Plan
located at approximately 12851 W. 32nd Avenue, City of Wheat
Ridge, County of Jefferson, State of Colorado.
(Case No.~+TZ=82=11)
Council Bill 36 was introduced on second reading by Mrs, Brougham; title
read by the Clerk; Ordinance No. 918 assigned,
Mr. Middaugh and Mr. Gidley presented the case.
Speaking in opposition to the rezoning and sworn in by the Mayor, were:
Harvey B. Morlan, 13146 W. 33rd Avenue,
Patricia Rubano, 13050 W. 32nd Avenue,
Brad Brauer, 3238 Zinnia Court,
Cindy Anderson, 14025 Foothill Circle, Golden, representing the
Applewood Property Owners Association,
Gre Penkowskv, 1600 Broadway, Suite 1645, Denver, Attorney for LaQuinta
Motor Inns, introduced protest into the record that highlights his
objections to the rezoning,
Their concerns were: road location and switching the two properties;
that the 10 ft concrete wall on a 4 ft berm promised to the residents
along the relocated road be included in a motion; possibility of a child
getting hit; gravel processing pit needs to be addressed; safety and
welfare of the community; environmental impact; negative impact on
personal property values; various technicalities were not observed for
the application process; application is sparse; all 9 conditions for
rehearing have not been met.
City Attorney, John Hayes, stated upon questioning by Mrs. Brougham,
that the protest submitted by Mr. Penkowsky constituted a valid, legal
protest.
Mr. Davis asked for consensus not to go over the legal protest step by
step as Vance Edwards had requested. Consensus was 6-2 not to go
through this step by step.
Mr. Hayes read the original Notice of Protest into the record and
reiterated his original statement that this was a valid legal protest.
He also stated that since a legal protest had been filed, it would take
a vote of six Councilmembers to vote for the rezoning.
Motion by Mrs. Brougham that Council Bill 36, a request for rezoning
looatedlatr128511WestP32nd~Avenue,ube Deniedsfor theafollowing reasonsY
It does not meet all the criteria to evaluate a Zoning Request. The
proposed change will have adverse effects on the surrounding area. It
adversely effects the public health, safety and welfare by creating
excessive traffic and its consequential bad air. Staff has concluded in
writing and their conclusion that the rezoning of the existing
Youngfield Service Road is necessary to help facilitate the Road
relocation. No change in character of the area has occurred since it
was annexed and developed; seconded by Mr. Selstad,
'.!
s ?ITY COUNCIL hiINUTE~ January 25, 1993
71r. Selstad asked to add two reasons fo
The property can be reasonably developed
conditions. There is not a void in the
will fill. Mrs. Brougham accepted this
Page -4-
r denial.
under the existing zone
area that the change of zoning
as a friendly amendment.
Motion failed 3-5 with Councilmembers Selstad, Brougham, and Vance
Edwards voting yes.
Motion by Phil Edwards that Council Bill 36, a request for rezoning
approval from A-1 to PCD with C-1 use and design parameters on property
located at 12851 West 32nd Avenue, be approved for the following
reasons: 1. The rezoning will help facilitate the service road
reconstruction. 2. The criteria used to evaluate a rezoning support
this request. 3. Staff and Planning Commission recommend a
With the following condition: 1. C-1 use and deli q PProval.
allowed on the property; seconded by Mr. Uavis• failedparameters be
Councilmembers Vance Edwards, Brougham, and Selstad voting No~h(This
needed a vote of six Councilmembers in order to pass.)
Item 4. Public Hearing on a request by Leaf, Inc., dba Jolly Rancher,
for participation in the Business Development Zone Program.
(Case No. BDZ-93-1)
Mr. Nliddaugh explained the request b.y Leaf, Ine, and the Business
Development Zone Program.
Keith.Krickbaum, Leaf Inc., plant manager for Jolly Rancher, 5060 Ward
Road, was sworn in by the Mayor.
Don Dunsh=e, president of Jeffsrson Economic Council, 1726 Cole Blvd.,
was sworn in by the Mayor.
Motion by Mr. Shanley that the Mayor and City Clerk be authorized to
sign a Business Development Zone Agreement between the City of Wheat
Ridge and LEAF, Inc./Jolly Rancher, as presented and recommended;
seconded by Vance Edwards; carried 6-2 with Mr. Flaseo and Mrs. Brougham
voting no. Mrs. Brougham voted no because she believes we are in
violation of the intent of our City's Business Development Zone Program
Ordinance, which says, "the uses to which the eligible City fens,
charges, and taxes may be put by an applicant, shall be strictly
admitted to those which are approved by City Council and relate directly
to development or redevelopment of businesses within the City which
develop or redevelop business will generate more municipal sales and use
tax revenues". She also quoted from the Agreement on page 3, paragraph
5.b. "Upon the waiver by the City, and/or the accrual to Leaf, (which
is Jolly Rancher) of the maximum amount of $845,000.00." That is the
amount we are waiving for the public's information. She also pointed
out Mr. Dunshee's comment that we will have increased property tax
increase. He well knows that all cities major, by far, income is sales
tax not property tax.
PHARO & PENlCOWSKY, R.C
1600 Broadway, Suite 1645
Denver, Colorado 80202
Phone: (303) 830-8802
Fax: (303) 830-8815
DATE: January 25, 1993 qq~
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