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HomeMy WebLinkAboutWZ-92-12The City of Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (3031 237_r;oed Applicant /~ L~XlS I N V~STM~NTS Address I I q 3(j ~j t~t.~j{A.VE Phone Zp ~ - C~ ownerMlLH~L~ gR~W~~ Address3 ~UI'1'E 200 ~,3,~,E.p~~yAUyj~V~ Phone 3q3-/o~jtcj Location of requests ~ (;{~ ~ II~~~ ~~450~ y~ ~N>V ER~~~B,p,- p~~'S, ~ ,,.~~ Type of action requested (check one or which pertain to o more of the actions listed below y ur request.) Change of zone or zone conditions Site development plan a l Variance/Waiver pprova Special use permit Nonconforming use change Conditional use permit Flood plain special exception Interpretation of code Temporary use/building permit Min Zone line modification or subdivision Subdivision Public Improvement Exception Preliminary Street vacation Final 8 Miscellaneous plat ^ ** See attached procedural guide Solid waste landfill/ mineral extracti for specific requirements. on permit ^ Other Detailed Description of request C'7~lIIY ,G ~~- ~~O~Cfr~r'v~~/JY~r''3f { '~7~ y)1~ i f ~ ,2 Vh n~/~,OrnP f Pioar ~ ~i//~L~d ~/ rrnr ~ yi-rC~ ~ ' ~ List all persons and companies who hold property as own an interest in the described real , er, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE r _ - _._-.._ - .. _ _ ~~' ~X ~ `.11~L%"7'r~F7JT~ i'.~{CQ 11~2Q VJ 'f4.Ty-!w it '•'lll i ^/, ~ h ^ I certify that the information and exhibits herewith submitted are true and correct to the best f o my knowledge and am acting with the knowledge and c that in filing this application, I onsent of those persons listed above, without whose consent the requested action cannot lawfully be ac Applicants other than owners m st submit which approved of thi complished. power-of-attorney from the owner s actin his be f. Signature of Applica t Subscribed and sworn to me this/~ day of ~ lg d ~_. ~AA ~nr,n iaz Notary Public SEAL My commission expires ,~/~L7 /Qg~ Date Received .Receipt No. Case No. ~ ALEXIS INVESTMENTSeCORPORATION Wheat Ridge, Colorado 80033 PHI (303) 420-1531 FAX (303) 4248714 Department of Planning and Development September 30, 1992 7500 West 29th Avenue Wheat Ridge, Colorado 80033 To Whom It May Concern: This application for rezoning is hereby submitted by Alexis Investments Corp. on this the first day of October, 1992. The zone change requested involves the adjacent lots at 11800 and 11808 W. 44th Avenue in Wheat Ridge. The current zoning is RC-1 and A-1 respectively, and we request it be changed to C-1. This zone change is requested in order to make highest and best use of the aforementioned properties. Currently, both the other adjacent lot, 11880 W. 44th Ave., and the lot across the street, Heine's Market, are zone C-l. We would like to develop a recreational vehicle and boat storage center on this vacant property. We feel it would only improve the land value of the surrounding areas and eliminate the eye sores that currently reside on the land. As far as we can determine, no further utilities or public facilities or services would be required. The traffic patterns would not be affected due to primary access from 44th Avenue. (see map) The neighbors seem to agree that our proposal will not only benefit them, but the Wheat Ridge community as a whole. Currently, many motor homes and boats are stored in the streets and driveways of many Wheat Ridge residents. We aim to eliminate this street clutter by offering owners of such items a safe, inexpensive facility in which to store them until their use is requested. We feel our facility is unique because it will be a secured, professionally run establishment, as opposed to the vacant land storage areas currently available. Any further details or explanations should be provided by our detailed site plan. However, if further questions should arise, feel free to either call myself, at 420-1531, or Alex Brewer or Tom Douglas at 422-2300. Thank you for expediting our request. Sincerely, /~'~~~. Michele L. Brewer President, Alexis Investments Corp. ' 'O Yt Er yuo @~ t~~~! a c ip am a+•no•ural• w r•• ~ awn u.nuru•i arras rsw ,c3Aans octal s xavarmoa ua~oad '' re• 3ja e@~ ni ~ r a@~~r !~l~~® a~ i d Q i s:e g! ~~;iF ~°~~ ~' 3~~1~ ~~1 ~~ ~ e~Q^ g ®~ ~ Q 4aYt ~9~~e4 8 b as~ ~~~ ~gb ~~€Y gp~6~Q ~E~~Iag6~~~~$ cep~~~:~ eyE p >:~'~" ~a~p~p pp$p~pdp~l! ~gag~f~~yg~ygggp~p~aa~S~~B~B!!•~a~~;aY., ~tlE E ~~~ ~ e~a[~4YY~tYI•~~3~1!~iYy~YlC~.~r ~6~~ aaw•a•. m a N .•caan• ~• ,_.. f n ,.ter r ~ ~ c _ _.. ' t r 8 ~ I - ~z__..._ i 4 Cia . I ~' @ ~;:'~ e f ;i ~~a ~ ~ ~ as~~ ., ~~~iFi~~EBj! ~'i d•• 0 1 j 1 E f f ~ f~ %m~ j ;i .•....„ d r ~(~j~ '+° Itre-w. rca:o ZIZOa d•IgV~ Y7nM77 xi olms • any xlrrr• zl. 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C~S.~... ~~ t~~ ~` r ~~: ~S~ ....._ is ~ ~ . o~~ -~ ., .vr 5 noacaccM ~r.w `~a , x~~: m e ~ ~- ~_.__._~ l Y r G ~ ~ ... + 1~~ 3 L~ '__ "~ fi 4 G Y i f' ' xx ;e ~~ 4~ 4 ° 2 3rri ~ x>.xx, Y .a a K ~,~ ~...q.,~ .= 4 ~ ~~ ,~ ~;: Y 6 ~' ~~ Y 9 3 „x x ///~~// ' ~ ~gy ¢ e %//////. u~ ~GD -' AJ`1.T. DEVELOPMENT GORP. ~I W 44TH A' G~~~:~ ,I IfG~ II PARKPPLAGE \.\. '~ \ ~ ~. ~ ~\ ~ ~ ~ ~ ~ ~ ~ ~ \ ,\ ~\ \'~ - \ ~ 1 ~ it ~ I I I i~~ I~ ;~ i i ,. ~ ;' ~_~__ -. ~~~~' i ~ ~BPECIAL WARRANTY DEED ' ~,.~ _ ~~ TRIS DEEDr Nede on this day of May 08r 1992 between N.A. N A NORSdFST .. B K OOF ANO ORPHG1Fr NLFA.fIIdr /W of the • County of DEPIVEE2 5tste of Colorado, grantor(s), end A7~;}¢g y~7FyII'1FNN'15 ARP., A OJIORADO OORFORATION uhoce legal addroes is •~ • Canty o4 state of Colorado, prentee(e): c} the b**,k$95rOOO.O0 ) =~~ WrPtr That the prmtor(s), for erd m consideration of the sus of ' ', ~ ~ NINETY FIVE TNd150.ND DOLLARS AND 00/1001X5 aid by khese pre - the receipt and sufficiency of which is Hereby ackrouledged, has granted, bargained, sold and cmveyed, seMa does grant, bargain, sell, cmvey end coot{ rm, unto the grantee(s), their hairs and assign forever, all the real Canty of pr rt to ether with , ~at~1°ftCOlorado,~descritbed esifolla+s~~np in the LF7GAL D~Qf2PF2ON ATPAC4IED AND MARRED AS E#IIBIP t'An AND MADE A PARP F3EREUF AS IF FT7IiX SET FOFQSi F~REIlI ' also kroun by street aM nurber ea: 11800 & 11808 W. 44TH with all and singular the hared{ laments end appurtenances thereto belonging, or in anYwi se apPertaininq, and ih~e r~elvEer2sion aM reversiore, name Ender and remainders, rents, iss eithe ino`~s the~i `Y anf a~~ end totth< r(ght, title, interest, claim aM demand whatsoever of the grantor(s), above bargained p~remf aes, with the hared{ Laments and eppurtenance(sl; . 'rp 11AAPE A!ID '1l~ F1OID the said premises above bargained end descrit<dtheir hears e~i+drtperr onal ~rnePresentat(ves grantee(s), their heirs and assigns forever. The grantor(s), for thennelves, or successors, does covenant end agreesaessim ofsthe gratee(s),iathe(r hei rs0aM essignsD, agairtbtal LaaM~every prdn(ses in the quiet and peaceable Po through or under the grantor(s). person or ppeers~on~s claim{ ng the whole or any part therof, by, Ip] W1T(ggti Wf3EREDFr the grantor(s) hove <zecuted this deed m the date set forth above. r _- ~ N STATE OF COLORA00/ ^ ~ > ss. ' ~ /•ryy, ~ WIINTY OF IO/OY/1 the forage{ rg iretrunmt was acknowledged beforAesme ~it~s d~o~s, ~MYy 08, 1992 OF UN.CTID H4I`1K by ld.y i d : H.r,+ D CX4 ~-T_NOHI-0ES'P H9NK-OP' NOFZIHGI~`r R.A.- - BF-N6HI41GLII~Nr~A , rv/tYn Nitness nn• hard and official seal. -~ Ny co/mn/i~ssi on expi refs {~/~~~//~/~/fr S Notary Publ •If in Denver, inserC "City end" ^ .0333207 _``I~: ~' ~'_: `-; . `._. ~... ~: , PARCEL A: EXHIBIT "A"' ,, THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 10 FEET THEREOF, LEES' 9UHDIVISION~ COUNTY OF SkFFERSON~ STATE OF COLORADO. PARCEL B: THE IIORTH 1/2 OF TF[E EAST 1/2 OF THE NORTH 1/3 AND THE NORTH 3/5 OF TH8 SOUTH 1/2 OF THE EAST 1/2 OF TH8 NORTH 1/3 OF LOT 11, LEE'S SUBDIVISIONS THE PLAT OF WHICH I9 RECORDED IN PLAT BOOR 2 AT PAGE 23, EXCEPT THE EAST 10 FEET OF 9AID LOT 11, ALSO EXCEPT TlU1T PART DESCRIBED IN BOOR 1019 AT PAGB 570 AS FOLLOW9t ' T~ ' "THE NORTH 125 FEET OF THE EAST 1/2 OF LOT lli LEE'S 9UBDIVISION~ EXCEPTING THEREFROM THE EAST 10 FEET TNEREOF~ AND EXCEPTING THE WEST 20 FEkT THEREOF, COUNTY OF JEFFERSON, STATE OF COLORAOO. .. .. ~ A ~ - ALEXIS INVESTMENTS CORPORATION 11930 West 44th Avenue, Suite 200 Wheat Ridge, Colorado 80033 PHI (303) 420-1531 FAX (303) 424-8714 Adjacent Property Owners to 11800 & 11808 West 44th Avenue: 11880 West 44th Avenue 11900 West 44th Avenue 4305 Tabor Street 4311 Tabor Street Schedule #136087 B/T 001 Westlake Park Subdivision [ ~ ~~ ~ ~~ it Owner: Alexis Investments Corp. 11930 West 44th Avenue Suite 200 Wheat Ridge, CO 80033 Owner: Rodney R. Brewer 3501 Joyce Way Golden, CO 80401 Owner: George Von Brehm 4305 Tabor Street Wheat Ridge, CO 80033 Owner 1: Edith Arlene Hobbs 35 Main Street South Widsor, CT 06074 Owner 2: Marie Jacque Lemaster no address available L,ot 0004 Owner: Adolph Coors Co. (Lease to City of Wheat Ridge) 1819 Denver West Dr. Bldg. 26 Suite 400-AC410 Golden, CO 80401 ~ ALEXIS INVESTMENTS CORPORATION 11930 West 44th Avenue, Suite 200 Wheat Ridge, Colorado 80033 PHI (303) 420-1531 FAX (303) 424.8714 To Whom It May Concern: February 22, 1993 I, the undersigned Wheat Ridge resident, agree to the following in regard to the property located at 11800 & 11808 W. 44th Ave. owned by Alexis Investments Corp.: -that I attended a neighborhood meeting on 9/22/92 -that my concerns regarding the development of the parcel were heard and addressed by Alexis Investments -that the development of said parcel has satisfied my requests and the requests of other neighbors -that the rezoning of said parcel to C-1 has my approval ~ G',~,~.,--- ~.~ ~ • ~qq3 Signed Date ~Eo~z6~U~d ~r~~k~} _ 4~~5 ,7a(~vn~ Sib: Name (Printed) Address ALEXIS INVESTMENTS CORPORATION 11930 West 44th Avenue, Suite 200 Wheat Ridge, Colorado 80033 PHI (303) 420-1531 FAX (303) 424-8714 To Whom It May Concern: February 22, 1993 I, the undersigned Wheat Ridge resident, agree to the following in regard to the property located at 11800 & 11808 W. 44th Ave. owned by Alexis Investments Corp.: -that I attended a neighborhood meeting on 9/22/92 -that my concerns regazding the development of the pazcel were heard and addressed by Alexis Investments -that the development of said pazcel has satisfied my requests and the requests of other neighbors -that the rezoning of said pazcel to C-1 has my approval ~ - Signed ~E:~~~ 1] ~~~ ic.~NrS Name (Printed) 2/2Z/~'~ Date Address ~ ALEXIS INVESTMENTS CORPORATION 11930 West 44th Avenue, Suite 200 Wheat Ridge, Colorado 80033 PHl (303) 420.1531 FAX (303) 424-8714 To Whom It May Concern: February 22, 1993 I, the undersigned Wheat Ridge resident, agree to the following in regard to the property located at 11800 & 11808 W. 44th Ave. owned by Alexis Investments Corp.: -that I attended a neighborhood meeting on 9/22/92 -that my concerns regarding the development of the parcel were heazd and addressed by Alexis Investments -that the development of said parcel has satisfied my requests and the requests of other neighbors -that the rezoning of said pazcel to C-1 has my approval ~~~.~ ~~- Date /i -~tJ,3'/ a/myGK Gay ^ .~/.~%~f/ Address ~ ALEXIS INVESTMENTS CORPORATION 11930 West 44th Avenue, Suite 200 Wheat Ridge, Colorado 80033 PHI (303) 420.1531 FAX (303) 424-8714 To Whom It May Concern: February 22, 1993 I, the undersigned Wheat Ridge resident, agree to the following in regard to the property located at 11800 & 11808 W. 44th Ave. owned by Alexis Investments Corp.: -that I attended a neighborhood meeting on 9/22/92 -that my concerns regarding the development of the parcel were heard and addre ed by Alexis Investments ~ -that the development of said parcel has satisfied my requests r -that the rezoning of said parcel to C-1 has my approval Sig d Name (Printed) ~~~~~~-3 Date ~-- ~ o 0 1 ~~ o R-- Address 7500 WEST 29TH AVENUE P.o. eox s3a The City of WHEAT RIDGE.C080034-0638 (3031234-5900 ~Ti heat City Admin. Fax ~ 234-5924 Police Dept. Fax # 235-2949 " ~/'~~/ ldge October 13, 1992 The Wheat Ridge Department of Community Development has received a request for approval of r zone from R-C. A-]_ ~. c-i +., r_i at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by O oh r 30, 1a9~ No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-92-12 LOCATION: 11808 West 44th Avenue REQUESTED ACTION: Approval of rezone from R-C, A-1 & C-1 to C-1 PURPOSE: To allow RV and boat storage APPROXIMATE AREA: 162,782.77 square feet/3.73 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 which would or should affect approval of this request? Please reply to: G. Mober ar ~ of P anning & Development . DISTRIBUTION: XX Water District (Valley ) gX American Cable Vision XX Sanitation District (Fruitdal~ Jefferson Co. Health Dept. XX Fire District (Arvada ) Jefferson Co. Schools Adjacent City ( ) Jefferson Co. Commissioners xx Public Service Co. XX Wheat Ridge Post Office XX US West Communications XX Wheat Ridge Police Dept. State Land Use Commission XX Wheat Ridge Public Works Dept. State Geological Survey XX -Wheat Ridge Parks & Recreation Colorado Dept. of Transportation Colorado Div. of Wildlife <pc>referralform 06-26-92 Xx Wheat Ridge Bldg. Division MEMORANDUM Approved Date TO: Greg Moberg, Planner FROM: Gary Wardle, Director of Parks and Recreation DATE: November 24, 1992 RE: Rezoning 11808 W. 44th Avenue The Parks and Recreation Commission discussed the rezoning of 11808 W. 44th Avenue at their November 18, 1992 meeting. Due to the nature of the proposed use of this site and the location of this property being adjacent to Tabor Lake and the Greenbelt, the Parks and Recreation Commission has the following request: The west property line should be screened from the vision of the persons using Tabor Lake. The screening should include a 6' stockade fence and plant material. The suggested plant material is Lombardi Poplars for an immediate screen and spruce trees to provide a more permanent screen. The plant material must be maintained in ensure survival. The Parks and Recreation Commission has suggested that the property owners may wish to plant this material on the Greenbelt side of the fence. The property owners would still be responsible for maintenance of the plant material. As staff, I have one additional concern regarding Tabor Street. Tabor Street is an emergency access to the Greenbelt for fire, police and ambulances. Tabor Street must be readily accessible in case of emergency. MEMORANDUM Approved Date TO: Greg Moberg, Planner I FROM: Steve Nguyen, Civil Engineers-~ DATE: October 26, 1992 SUBJECT Z-92-12, 11808 West 44th Avenue Approval of rezone from R-C, A-1 & C-1 to C-1 I have reviewed the above caption plan and have the following comments: 1. We will require a drainage report. 2. We will require a street improvement plan for Tabor Street. 3. We will require 15 feet of right-of-way on Tabor Street frontage. 4. We will require the four existing access driveways on 44th Avenue to be closed to allow for a single joint access between the two parcels fronting 44th Avenue. 5. We are concerned about the future use of this property under C-1 zoning. A change in use from storage parking to commuter parking or some other use could have significant impacts on traffic flow which may require additional improvements to the intersection of 44th & Tabor. Please see me if you have any questions regarding this memo. cc: John Oss Karl Buchholz Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422-4569 October 25, 1992 Mr. Greg Moberg Wheat Ridge Department of Community Development 7500 W. 29th Ave. Wheat Ridge, CO. 80034 RE: Rezoning of 11808 W. 44th Ave. Dear Greg, ~ ~^-Y OF WHEAT RIDGE ~~ OCT3 0 199 bh PLANtd~NG & OEyELOPMENT We have reviewed the plan for-the proposed rezoning and have the following comments. 1. Fire protection is_provided to this site by Station 2, 12195 W. 52nd Ave. and Station 1, 7900 W. 57th Ave. 2. Access roadways within the proposed storage facility need to be an all-weather surface, capable of supporting the imposed loads of fire.-apparatus. UFC 88 10.207(bJ,(d),(e). 3. "No Parking Fire Lane" signs need to be installed to distinguish access roadways. UFC 88 10.207(1). 4. A fire hydrant will need to be installed on the site. UFC 88 10.301(a). Sincerely, A~r~vada Fire Protection District S'~eve ~e~i~--- Deputy Fire Marshal nr~TC October 27 1 99 ~_- ~ TD Ms M Recker City of Wheatridoe Dept a# PlanninplDev t rr.uie Roy R Crafto r aS~eerinq_ Unit Manager, NMR _. n~~p aun~ Ganital Impro . vement Proposal Received In~g+neer+np PROPDSAL NAME: WZ-42-1~ ADDRESS: i18h8 West 44th Avenue GOVERNING AUTHORITY: The City of Wheatridge P.S.Co. has na ob3ectian to this proposai. i appears that there will be nv con#lict with existing P_S.Co. facilities in the area. Thanks R6` y R~Cra#t C\;~~ October 13, 1992 1500 WEST 29TH AVENUE P.0. BOX 638 The Clty Of WHEAT RIDGE. CO 80034-0638 - (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~Rldge The Wheat Ridge Department of Community Development has received a request for approval of re one from R-C, &-1 & c-l t~ r_i at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Oc oh r -tB, 1a97 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-92-12 LOCATION: 11808 West 44th Avenue REQUESTED ACTION: Approval of rezone from R-C, A-1 & C-1 to C-1 PURPOSE: To allow RV and boat storage APPROXIMATE AREA: 162,782.77 sq uare feet/3.73 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 capacit ies to service the development? YES v NO I£ "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES ei NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? `y__ _~ C-+~ ~ f I~ T~-~ F~1 ~et~ T7 ql~ Please reply to: rl. nn /V1~hJ1~~17~'M G. Mober ar of P anning & Development ~' ~, ~ DISTRIBUTION: XX Water District (Valley ) XX American Cable Vision XX Sanitation District (Fruitdale~ Jefferson Co. Health Dept. XX Fire District (Arvada ) Jefferson Co. Schools Adjacent City ( ) Jefferson Co. Commissioners XX Public Service Co. XX Wheat Ridge Post Office XX US West Communications XX Wheat Ridge Police Dept. State Land Use Commission XX Wheat Ridge Public Works Dept. State Geological Survey XX Wheat Ridge Parks & Recreation Colorado Dept. of Transportation Colorado Div. of Wildlife <pc>referralform 06-26-92 XX Wheat Ridge Bldg. Division .°.r r,. . r.,i r..,.., f W H E A T R I D G E P O L I C E D E P ART M E N T M E M O RAN D U M TO: Greg Moberg, Com/Dev FROM: Commander Ed SIIBJECT: WZ-92-12 BATE: October 26, 1992 APPROVED DATE: We have reviewed the plans for a proposed rezoning of the property located at 11808 1P. 44th Ave. We believe _t hat the rezoning for the uses as stated are appropriate for the area. We do have some minor concerns as to the traffic impact on the W. 44th Ave. entrance and the proposed 2nd. entrance located at the south end of the project, onto Tabor St. The West 44th. Ave entrance should be designed with a separate turn in lane for the East bound traffic to facilitate the large vehicles that will be turning into the facility. The Tabor St., entrance is off of a very narrow, primarily residential street and may be cause for concern as vehicles enter or leave the site. Our primary concern here is from a turning radius point of view and secondarily to maintain the ability for two way traffic on Tabor St. to continue to flow unimpeded. From a police security point of view, any fencing or landscaping should be designed to keep intruders out, but should not be designed as to block the visibility into the facility from either Tabor St. or 44th. Ave. In simple terms we cannot prevent if we cannot see what is going on. Obviously, some form of low level lighting of the storage area would be preferred to enhance our ability to view clearly the area. If you should have any questions please contact me. Commander Ed Ray X 2954 CITY OF WNEAT RIDGE 0~T 2 71992 PLANNING & DEVELOPMENT '500 WEST 29TH AVENUE P.O. BOX 638 The Clty Of WHEAT RIDGE. CO 80034-0638. (3031 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 -1\ldge October 13, 1992 The Wheat Ridge Department of Community Development has received a request for approval of rezone from R- A-1 & -1 0 ~-1 at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Oc ob r 3l1, 1989 No response from you by this date will constitute no objections or concerns regardi g this proposal. CASE NO: WZ-92-12 .- I.-OCATIO::: 11808 UTest 4th Avenue ~``E.i' , Y ? XX XX XX IXX XX REQUESTED ACTION: Approval of rezone from R-C, A-1 & C-1 to C-1 uf~;.~. PURPOSE: To allow RV and boat storage APPROXIMATE AREA: 162,782.77 square feet/3.73 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES v NO If "NO", please explain below. 2. Are service lines available to the development? YES NO X If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES X NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO If_"NO", please explain below. 5. Are there any concerns or problems your agency has identified which WOUld Or c}ln+„+,7 ~i af~FeCt approval of tt-iia reglleSt? Please reply to: ~. G. Mober,~ ar t~ of P anning & Development . DISTRIBUTION: Water District (Valley ) XX American Cable Vision Sanitation District (Fruitdald Jefferson Co. Health Dept. Fire District (Arvada ) Jefferson Co. Sdhools Adjacent City ( ) Jefferson Co. Commissioners Public Service Co. XX Wheat Ridge Post Office US West Communications XX Wheat Ridge Police Dept. State Land Use Commission XX Wheat Ridge Public Works Dept. State Geological Survey XX Wheat Ridge Parks & Recreation Colorado Dept. of Transportation Colorado Div. of Wildlife <pc>referralform 06-26-92 XX Wheat Ridge Bldg. Division VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 50034 TELEPHONE 424-sssi October 22, 1992 City of Wheat Ridge 7500 W. 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034-0638 Dear Greg: Attached is the review form for Case #WZ-92-12. Valley Water District has the capacity and lines in W. 44th Avenue to serve the property. Additional water lines and fire hydrants may be needed to meet Arvada Fire Protection .District requirements. Also, additional water taps may be required to serve the development, depending on the needs of the project. If you have any questions, please contact me at 424-9661. Sincerely, Robert Arnold District Manager RLA/kmk CITY OF WHEAT RIDGE ~ c~r>'~~n. . n 0~ 2 61992 L1 u u ~-- - PLpNNING & DEVELOPMENT 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 December 17, 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. SdZ-92-12: An application by Alexis Investments Corporation for-approval of a rezone from Agricultural-One, RestrictedsCova~lewithin and Commercial-One to Commercial-One and for site plan app the Fruitdale Valley Master Plan. The property is located at 11800 and 11808 West 44th Avenue and is legally described as follows: PARCEL A: THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 1D FEET THEREOF, LEE S SUBDIVISION, COUNTY OF SEFFERSON, STATE OF COLORADO. PARCEL B: 3/5 OFRTHEISOUTH 1/2 OFSTHE/EAST 1/2 OFRTHEINORTHDI/3EOFOLOT lI, LEE'S SUBDIVISION, THE PLAT OR WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23, EXCEPT THE EAST 10 FEET OF SAID LOT 11; ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS: "THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, LEE'S SUBDIVISION, EXCEPTING THEREFROM THE EAST 10 FEET THEREOF, AND EXCEPTING THE WEST 20 FEET THEREOF, COUNTY OF .TEFFERSON, STATE OF COLORADO." Sandra Wiggins, - etary ~ ATTEST: Wanda Sang, City Cleric To be published: December 3, 1992 Wheat Ridge Sentinel P.O. BOX 678 ~ TELEPHONE: 703/277.69tt The City of 7500 WE57 20TH AVENl1E . WFIEAi nIGGE. LGLOFiAOG 80013 ~1Vheat `Rid'e POSTING CERTIFICATION CASE N0. ~/Z'q2' ~Z CANNING COMMISSION CITY COUNCIL -BOARD OF ADJUSTMENT (Circle One) HEARING fD/ATr-E.:~~~~~. ~ ~'(~~~~j~//~~)~~Zy,~ /~ n a m e residing at ~~t ~~ /~(.~~ ~~~ ~)I'~~ ( a d d r e s s) as the applicant for Case No. Ini2~ ~ 2 ~ ~ ^Z , hereby certify that I have posted the Notice ~oVf~Public Hearing at 1 I Sly ~ 1 180 g' Illy ~7~-f ~~VE , ( l o c a t i o n~ ) on this J day of ~~~,~/~l/} ~/~ , 19~j~_Z, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. ~, ,~ Sir nature: NOTE: This form must be submi~ed at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. --------------------------~-L-~--¢-^---------------------------------------- "( ' ' " ` - - ~ ~ -~. CI k~I Siti.. 5~S M A P ~'~ ~ ~ S dU gi. r/~ P.0.60X638 TELEPHONE: 3D3/237-6944 7hg G`jjy p{ 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 Wheat Ridge November 25, 1992 This is to inform you that Case No, WZ-92-12 which is a request for a rezone from Agricultural-Oiie, Restricted-Commercial, and Commercial-One to Commercial-One located at 11800-11808 West 44th Avenue Planning Commission for property will be ,heard. by the Wheat Ridge in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue, at 7:30 P,M. on December 17, 1992 All owners and/or their legal counsel of the parcel under consideration must be_present at this hearing before the Planning Commission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments, It shall be the applicants responsibility to notify any other persons whose presence is desired at this hearing, If you have any questions or desire to review any plans, please contact the Planning Division. Thank you, PLANNING DIVISION C.6.7. "The Carnation City" TO: PLANNING COMMISSION Date Prepared: December 9, 1992 Date of Meeting: December 9, 1992 Case Manager: Greg Moberg Case No. & Name: WZ-92-12/Alexis Investment Action Requested: Approval of a rezone-from A-1, R-C and C-1 to C-1 and site plan approval Location of Request: 11800 and 11808 West 44th Avenue Name & Address of Applicant(s): Alexis Investments 11930 W. 44th Ave. Wheat Ridge, CO Name & Address of Owner(s): Michele Brewer 3333 E. Bayaud Ave #205 Denver, CO 80209 ----------------------------------------------------- Approximate Area: 3.01 acres Present Zoning: A-1, R-C and C-1 Present Land Use: Automotive Body Shop and vacant Surrounding Zoning: N: A-1 & C-1; W: C-1 & C-2; S: A-1, E: C-2, C-1 & A-1 Surrounding Land Use: N: commercial; E & ~: single family; W• commercial Comprehensive Plan for Area: Neighborhood Commercial & Moderate Density Residential ----------------------------------------------------------------- Date Published: December 3, 1992 Date to be Posted: December 3, 1992 Date Legal Notices Sent: November 25, 1992 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) Exhibits ( ) Subdivision Regulations ----------------------------------- The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. Planning Commission Staff Report Case WZ-92-12/Alexis Investment I. REQUEST Page 2 The applicant is requesting approval of a rezone from Agricultural- One, Restricted-Commercial and Commercial-One to Commercial-One and approval of a site plan. The rezoning would allow a proposed recreational vehicle storage facility to be located on the property. II. REQUESTED REZONING AND SITE PLAN The proposed site is located at 11800 and 11808 West 44th Avenue and is approximately 3.01 acres (131,422 square feet). Former and existing land use consists of an existing auto-body facility (though not part of the requested rezone, it is part of the total development), a vacant former gas station (parcel "A").and two former single family residences (parcel. "B"). The residences were removed and the property cleared during the month of November, 1992. The applicant is proposing a recreational vehicle storage facility to, be located on parcel "B". There is to-be a main entrance located on West 44th Avenue in between the two existing structures. An emergency entrance is to be located on Tabor Street. One hundred thirty-three (133) parking spaces have been proposed using a circular traffic pattern with isle widths of 45, 35 and 65 feet. Fencing is to surround the storage site with a 15' landscaped buffer to be located along Tabor Street. The proposed landscape plan is inadequate as related to the total area. required and-the amount landscape materials required. Due to the size of the parcel approximately 13,142 square feet of landscaping and 173 trees and shrubs are required to placed on site. Because the applicant considers this development interim only 11 street trees and 12 shrubs in a landscaped area of approximately 5,308 square feet has been proposed. Though this use is not the highest and best use of the property and therefore "an interim use of the site", it could very well be a long-term use. In addition landscaping could be installed in such a way that it would not have to be removed when and if a "permanent development" use were to occur. Therefore it is felt that all required landscaping can and should be installed. (See attached proposed Zandscape plan.) III. ADJACENT ZONING AND LAND USE- Zoning and land use to the north consists of C-1-with a retail use located on it (approved in 1988) and Agricultural-One with a single family residence. To the south and east the zoning is Agricultural- One with single family residences. To the west, Commercial-One and Commercial-Two exist with a retail/service use located on it. In addition within the immediate area there exists a recreational vehicle park, a fencing company with ancillary storage and a mini-warehouse facility. It is therefore Staff's conclusion that based on recent rezonings (WZ-88-12 and WZ-90-8) and the existing uses allowed by the rezonings, this request is consistent with the existing character of the area. Planning Commission Staff Report Case WZ-92-12/Alexis Investment IV. COMPREHENSIVE PLAN DESIGNATION. Page 3 The Fruitdale Valley Master Plan designates the property as neighborhood commercial (north one-half) and moderate density residential (south one-half). The surrounding designations show neighborhood commercial to the north and east, general commercial to the west and moderate density residential to the south. The Fruitdale Valley Master Plan was adopted on August 9, 1985. On January 29, 1988 Tabor Street south of West 44th Avenue was reclassified from a local street to an exempt local-status. This reclassification requires that the existing improved width is to remain-thus severely restricting the amount of traffic that can be handled by the street. It is therefore-not in the best interests of the City to allow any development along Tabor that would increase. traffic whatsoever. Residential development of the south half of this property would increase the traffic on Tabor dramatically. Therefore development of the property as a single use should be encouraged restricting access of the property to West 44th Avenue. It is therefore Staff's opinion that due to recent street reclassifications and recent rezoning actions allowing a wide range of Commercial-One uses to be located within neighborhood commercial designations, the entire property can and should be developed in a commercial manner with access orientated to West 44th Avenue. V. AGENCY REFERRALS The responding agencies had the following comments: Wheat Ridge Parks and Recreation 1. A six-foot stockade fence and plant material should be used to screen the south property line. It was suggested that Lombardi poplars and spruce trees be used as a plant screen. Wheat Ridge Police Department 1. A separate turn lane should be added on West 44th Avenue to facilitate the large vehicles that will be turning onto the property (because of_the low volume of traffic generated by the proposed use Public Works is not requiring an accel/decel lane). 2. Fencing should not be designed as to block the visibility into the facility from either Tabor Street or West 44th Avenue (This request goes entirely. against the zoning requirement that all storage located within a Commercial- One zone district be screened, especially adjacent to residential uses.) Planning Commission Staff Report Page 4 Case WZ-92-12/Alexis Investment Valley Water District 1. Additional water lines and fire hydrants may be needed to meet Arvada Fire Protection District requirements. 2. Additional water taps may be required to serve the development, depending on the needs. Arvada Fire Protection_District 1. Access roadways within the proposed storage facility need to be of an all-weather surface. 2. A fire hydrant-will need to be installed on the site. Public Service Company 1. No objections. Wheat Ridge Public Works Department 1. A drainage report will be required. 2. If Tabor Street is to be used as an access point improvement and dedication of a 15 foot along Tabor will be required. This will be required if the applicant is going to use the Tabor Street entrance as .a main entrance rather than an emergency entrance. 3. Existing access driveways on 44th Avenue shall be closed allowing for the proposed main entrance to act as a single joint access for all the parcels. VI. CRITERIA FOR REVIEW Staff has the following comments relative to the criteria for review: 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 Fruitdale Valley Master Plan designates the property as neighborhood commercial and moderate density residential, the property is split about half and half. It is felt that due to the Tabor Street reclassification and recent rezonings within the neighborhood commercial designation, this request is in conformance with the City of Wheat Ridge's Comprehensive Plan goals and objectives; and Planning Commission Staff Report case WZ-92-12/Alexis Investment Page 5 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. Due to recent rezonings the proposed change is compatible with the surrounding area and because access is orientated to West 44th Avenue, there will be minimal adverse impacts to the surrounding area; and 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. Because the proposed use will offer a service that is of a need in this community, a social/physical benefit is derived. In addition Council is currently considering an ordinance that will not allow the parking of any recreational vehicle along the public right-of-way; and 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. With the exception of an additional fire hydrant and possibly additional water taps all utilities can serve the property. However if the applicant requires an additional main access along Tabor Street, dedication and improvements shall be required to bring Tabor up to an acceptable level to serve the additional needs; and 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reducing light and air to adjacent properties.. The proposed rezoning will not adversely affect public health, safety or welfare to adjacent properties;. and 6. That the property cannot reasonably be developed under the existing zoning conditions. Because o£ the Tabor Street reclassification, the property must be developed as a single use development with the main access point located along West 44th Avenue. Therefore under current constraints the property cannot be reasonably developed under existing zoning conditions and should be allowed to be developed as proposed; and ~. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Planning Commission Staff Report Case WZ-92-12/Alexis Investment Page 6 Due to the surrounding zoning and land use the proposed rezoning will not create an isolated or.spot zone district unrelated to adjacent or nearby areas; and g. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Currently there is only one recreational vehicle storage facility within the City of Wheat Ridge therefore a void in this community need will be filled. Staff concludes that based on the preceding criteria, the findings support a change of zone and therefore, a recommendation of APPROVAL is given for Case No. WZ-92-12 subject to the following conditions: 1. A Type I site plan shall be prepared for submittal to City Council. 2. An easement to allow ingress and egress for all three parcels along the main entrance between Parcels "A" and "C", shall be prepared and submitted. with the Type I site plan, in a form that can be recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". 4. The landscaped buffer along the east property line of Parcel "B" shall be continued along Parcels "A" and "C" and ten percent of the property shall be landscaped in accordance with the attached landscape plan or within accordance of Section 26-32 (D)(3). 5. All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C". VII. RECOMMENDED MOTIONS: "I move that the request for a rezoning from Agricultural-One, Restricted-Commercial and Commercial-One to Commercial-One £or 11800 and 11808 West 44th Avenue, be Approved for the following reasons: 1. That the change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and Planning Commission Staff Report -Page 7 Case WZ-92-12/Alexis Investment __ 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering; and 3. That the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reducing light and air to adjacent properties; and 4. That-the property cannot reasonably be developed under the existing zoning conditions; and 5. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. With the following conditions: 1. A Type i site plan shall be prepared for submittal to City Council. 2. An easement to allow ingress and, egress for all three parcels along the main entrance between Parcels "A" and "C", shall be prepared and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". 4. The ten foot landscaped buffer along the east property line of Parcel "B" shall be continued along Parcels "A" and "C" and ten percent of the property shall be landscaped in accordance with the attached landscape plan or within accordance of Section 26-32 (D)(3). 5. All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C". <pc>srwz9212 CASE NO. WZ-92-12 _ _ AGENCY REFERRALS SUMMARY XX Fire: _(Arvada) Fire hydrant shall be installed on site and an all- weather surface shall be required on all roadways. Schools: XX Water: _(Valley Water) Additional water lines and fire hydrant ~aav be needed. XXSewer: Did not respond. XXUS West Communications: Did not respond. XXPublic Service Co: Has no objection. - - ^ State-Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: XX American Cablevison: Did not respond. XX U.S. Post Office: Did not respond. ' CITY DEPARTMENTS XX Public Works: Will require a drainage report. and the closure_of all curbcuts, with the exception o e main en r nce th XX Parks & Recreation: Screening along the south property line I XX Police: comments re7.atina to fencing and Tabor Street XX Building Inspection: n;d no r pond pc/Agencyrefsum CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-92-12 LOCATION: 11800/11808 W. 44th Ave. APPLICANT(S) NAME: Alexis Investments OWNER(S) NAME: Michele Brewer 3333 E. Bayaud Ave., #205, Denver REQUEST• Approval of a rezone from A-1, R-C and C-1 to C-1-and site plan approval APPROXIMATE AREA: 3.01 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 of factors is attached hereto and incorporated herein by reference, and made apart 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 RASPLICKA, seconded by Commissioner CERVENY, that Case No. WZ-92-12, a request-for approval o£ a rezone from Agricultural-One, Restricted-Commercial and Commercial-One to Commercial-One and site plan approval be Approved for the following reasons: 1. The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and 2. The proposed change o£ zone is compatible with the surrounding area and there will minimal adverse impacts; and 3. The proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and 4. The property cannot reasonably be developed under the existing zoning conditions; and 5. The rezoning will not create an isolated or spot zone --- district related to adjacent or nearby areas. With the following conditions: 1. That a Type I site plan shall be prepared for submittal to City Council. 2. An easement to allow ingress and egress for all three parcels along the main entrance between Parcels A and C, shall be prepared Certificate of Resolution Case No. WZ-92-12/Alexis Investments Page 2 and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition, if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the west, south and east property lines of Parcel B. 4. An effort be made to landscape along the east side of the parcel, even though the brick pillars have been installed; 5. That landscaping be installed along West 44th Avenue consistent with City recommendations; 6. That the C-1 zoning on this property be restricted strictly to this RV storage use they are proposing at this time. No other use is permitted on this parcel without returning to Planning Commission/City Council for site plan approval. 7. The landscaping is essential on the east side, and at the front of Parcel A, but since landscaping is present on Parcel C, additional landscaping would not be required. Also, landscaping should be installed along the north side of Parcel B. VOTE: YES: Owens, Rasplicka, Cerveny, Langdon and Johnson NO: Qualteri 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 5-1 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 17th day of December, 1992. Geroge Langdon, Chairman _ WHEAT RIDGE PLANNING COMMISSION Sandra Wiggins, Secretary WHEAT RIDGE PLANNING COMMISSION <pc>resowz9212 MINUTES OF MEETING December 17, 1992 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called1992 finer by Chairman LANGDON at 7:30 p.m., on December 17, the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt - ABSENT John Qualteri James Owens Jay Rasplicka Carl A. Cerveny George Langdon Judith M. DiCroce - ABSENT Warren Johnson STAFF PRESENT: Glen Gidiey, Director of Planning and Development Greg Moberg, Planner Sandra Wiggins, Secretary PUBLIC HEARING The following is the official set of Planning Commission minutes for the Public Hearing of December 17, 1992. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 'Planning Commission Minutes December 17, 1992 3. PLEDGE OF ALLEGIANCE Page 2 4. APPROVE THE ORDER OF THE AGENDA Mr. Gidley requested the addition of two items under Committee and Department Reports. Commissioner JOHNSON moved to approve the agenda for the meeting of December 17, 1992 as amended. Commissioner OWENS seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINUTES At this time, Commissioner CERVENY entered the meeting. Commissioner QUALTERI moved to approve the minutes for the meeting of November 19, 1992 as printed. Commissioner OWENS seconded the motion.. Motion carried 5-0, with Commissioner CERVENY abstaining. Commissioner QUALTERI moved to approve the minutes for the meeting of December 3, 1992 as printed. Commissioner CERVENY seconded the motion. Motion carried 4-0, with Commissioners RASPLICKA and JOHNSON abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda'.) No one signed the roster nor came forward to speak at this time. 7. PUBLIC HEARING A, ~~~~ No WZ-92-9: An application by Jeanette Wirtz for Papedo Enterprises for recision of conditions placed on rezoning approval pursuant to Case No. WZ-92-1. Said property is located at 7400-7490 West 38th Avenue. Mr. Gidley gave a brief history of this case. Commissioner QUALTERI asked if the parking spaces in question would interfere with the sight triangle at the intersection of Upham Street and West 38th Avenue. Mr. Gidley answered yes, approximately three of the parking spaces are in the sight triangle. Commissioner CERVENY questioned why exiting onto Upham Street was allowed in other instances. Mr. Gidley answered that an increase in traffic on Upham Street at the intersection of West 38th Avenue is anticipated. He added Page 3 Planning Commission Minutes December 17, 1992 that a signal will be installed at Vance Street and W. 38th Avenue at some time in the future due to the dereateretraffiche south and redevelopment to the north, hence a g volume will occur there. JQanette Wirtz., 7247 South Xanthia Street, was sworn in. Ms. Wirtz stated that parking had always been a problem at the shopette. She added that nothing had changed on the property since it was constructed. Ms. Wirtz was concerned that decreasing available parking spaces could-cause tenants to move. Commissioner QUALTERI asked if Ms. Wirtz if she realized that Commission's concern was safety. Ms Wirtz stated she is also concerned with safety, but she feels victimized to give up much-needed parking due to development. Commissioner QUALTERI asked if Ms. Wirtz knew that some apartments are occupied. Ms. Wirtz acknowledged that fact. Commissioner QUALTERI inquired about the times when the shopette is busiest. Ms. Wirtz stated that the restaurant creates traffic in the early morning until mid-afternoon. Following that, parking is readily available. Commissioner QUALTERI stated that he had visited the site during the busy times and parking spaces were available at that time. He thought that more spaces exist than are required by Code. Mr. Gidley stated he could not verify that fact as he did not have adequate information at-hand. MG_ Wirtz noted the concerns of her tenants regarding loss of parking. She felt that losing five parking, spaces was 'excessive. Commissioner QUALTERI asked Mr. Gidley if the Commission has the authority to override the request of Public Works. Mr. Gidley stated in this instance it is an existing, nonconforming situation; yes, as a variance or waiver. Commissioner CERVENY asked about the possibility of returning the zoning to R-C, since C-1 zoning allows more intensive use of the property. Mr. Gidley stated that would be possible, however, the use would be nonconforming. Planning Commission Minutes December 17, 1992 Page 4 Commissioner CERVENY explained nonconforming uses further. He asked Mr. Gidley approximately what the difference would be if compact car striping was done in some areas. Mr. Gidley stated that in a north-south dimension, you would gain approximately two, possibly three spaces if half of the existing spaces were re-striped for compact vehicles. Commissioner RASPLICKA asked Ms. Wirtz if she had attempted to obtain an agreement for overflow parking with the church. Ms. Wirtz stated she had not. Mr. Gidley stated that regarding Commissioner CERVENY's inquiry about returning the zoning to R-C, nonconforming uses must cease in the year 2000. Commissioner CERVENY asked about the possibility of parallel parking on Upham Street. Mr. Gidley stated that parallel parking is not allowed on public streets within two car lengths of a stop sign. Commissioner CERVENY asked if it would be possible to offer the applicant a delay for one year in order to see what the traffic count would be. Mr. Gidley didn't expect the intersection to become signalized in one year's time. That would probably occur following the redevelopment to the north. He doubted that would be ample time to determine the impact for the area. Commissioner CERVENY explained his thinking. He also had some concern that the property could be sold and the use significant intensified. Mr. Gidley explained to Commission the procedure for extending the requirement for one year. Discussion followed. Mr. Gidley suggested accepting vertical bollards and chains or cable/or a 42" solid wall in lieu of the planter. Commission took a five-minute recess at 8:15 p.m. and reconvened at 8:23 p.m. Ms Wirtz stated that since a solution been found she would withdraw her application. Applicant agreed to place, 40 feet from the intersection south, either bollards with chains/cable, or to construct a solid 42-inch wall. Chairman LANGDON dismissed Case No. WZ-92-9. Page 5 Planning Commission Minutes December 17, 1992 g, ra°~ No MS-92-1: An application by Roger Knight for approval of a four-lot minor subdivision for property located at 3370 Simms Street. Mr. Gidley presented the staff report. Entered and accepted into the record by the Chairman was the Zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. Commissioner JOHNSON asked how much flainWOUld be necessary to bring the property out of the flood p Mr. Gidley stated he did not know. The owners would have to provide that engineering data. Commissioner LANGDON asked if that would include Lot 1. Mr. Gidley answered yes. Commissioner QUALTERI stated that according to the survey, Lot 2 is a flag lot, not an easement through Lot 1. He asked if the 25-foot frontage for Lot 2 on Simms Street was adequate. Mr. Gidley stated that he understood the Denver Water Board required a 30-foot exclusive right-of-way. Commissioner JOHNSON asked if the required 30-foot easement would pare Lot 1 down to a size smaller than allowed. Mr. Gidley stated it would still maintain the 12,500 square foot lot size requirement. Mr. Gidley reiterated it was the applicant's responsibility to work these problems out with the Denver Water Board. Commissioner QUALTERI asked if the 5-foot utility easement could be utilized for the requirement by the Denver Water Department. Mr. Gidley stated the issue would be best left to the applicant to work out. Larry Diede, representing Roger Knight, 7782 Garrison Court, was sworn in. Mr. Diede stated that the conditions outlined by Mr. Gidley were acceptable. Mr. Gidley requested a copy of the Power of Attorney be furnished. Mr. Diede agreed to this request. Commissioner JOHNSON asked how much fill dirt would be required. Mr. Diede estimated a three-foot fill would bring the property above flood plain. ( y ~ V INTRODUCED BY COUNCIL MEMBER PHIL EDWARDS Council Bill No. 4 ORDINANCE NO. 921 Series of 1993 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESTRICTED-COMMERCIAL AND AGRICULTURAL-ONE TO COMMERCIAL- ONE AND FOR APPROVAli OF AN OFFICIAL DEVELOPMENT PLAN ON LAND LOCATED AT 11808 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1._ Upon application by Alexis Investments for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-92-12 and based upon recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Restricted-Commercial and Agricultural-One Districts and to include in the Commercial-One District, the following described land: PARCEL A: THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 10 FEET THEREOF, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 AND THE NORTH 3/5 ,OF THE SOUTH 1/2 OF .THE .EAST ,1~2 OF.~THE NORTH 1/3 OF LOT .,~~ 11, LEE'S SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23, EXCEPT THE EAST 10 FEET OF SAID LOT 11; ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS: "THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, LEE'S SUBDIVISION, EXCEPTING THEREFROM THE EAST 10 FEET THEREOF, AND EXCEPTING THE,WEST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO." Section 2. The property legally described herein shall be developed and used in accordance with the uses, restrictions and conditions contained in the approved Official Development Plan (Exhibit A), and as may otherwise be required by law, and shall be binding upon the owners, their successors and assigns. Section 3. Vested Property Rights• Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. _-~ i ~ ~ Ordinance No. 921 Series of 1993 Page 2 Section 4. Safe y Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilit~ If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to p on this 25th day of January 1993, ordered published in-full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 22 1993, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of S to 3 this 22nd day of February , 1993. SIGNED by the Mayor on this 23rd day of February 1993. ~' .. his- Wanda Sang, City Jerk Ci G/ ~.,~-,v WINGER, APPROVED O FO HY CITY ATTORNEY OHN HAYES, CI ATTORNEY .1st Publication: February 4, 1993 2nd Publication: March 2, 1993 Wheat Ridge Sentinel Effective Date: March 16, 1993 <pc>ordwz9212 r . I 7500 WEST 29TH AVENUE - The Crty of P.O. BOX638-- . - - -_ -_ WHEAT RIDGE. C0 80034-0638 (303)-234-5900 cheat City Admin. Fax # 234-5924 Police Dept. Fax # 2352949 ~Rldge February 5, 1993 This is to inform you that Case No. wz-92-12 which is a request for approval of rezoning from Agr~r~»ltnra]-OriP and Rest~~c_t_ecLCommercial to Commercial-One for property located at 11800 West 44th Avenge will be heard by the Wheat Ridge Citv Council in the_Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on FPbruar~,22 X993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform C~ ., CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CITY COUNCIL Date Prepared: February 8, 1993 Date of Meeting: February 22, 1993 Case Manager: Greg Moberg Case No. & Name: WZ-92-12/Alexis Investment Action Requested: Approval of a rezone £rom A-1, R-C and C-1 to C-1 and site plan approval Location of Request: 11800 and 11808 West 44th Avenue Name & Address of Applicant(s): Alexis Investments 11930 W. 44th Ave. Wheat Ridge, CO Name & Address of Owner(s): Michele Brewer 3333 E. Bayaud Ave #205 Denver, CO 80209 ----------------------------------------------------------------- Approximate Area: 3.01 acres Present Zoning: Agricultural-One and Restricted Commercial Present Land Use:. Vacant building and land Surrounding Zoning: N: A-1 & C-1; y~: C-1 & C-2; $: A-l, E: C-2, C-1 & A-1 Surrounding Land Use: N: commercial; E & S: single family; Lr7: commercial Comprehensive Plan for Area: Neighborhood Commercial & Moderate Density Residential ---------------------------------y -' Date Published: Februar 4 1993 Date to be Posted: February 8, 1993 Date Legal Notices Sent: February 5, 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) Exhibits Subdivision Regulations 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 WZ-92-12/Alexis Investment 2. REQUEST The applicant is requesting approval of a rezone from Agricultural-One and Restricted-Commercial to Commercial-One and approval of a site plan with variances. The rezoning and approved site plan would allow a proposed recreational vehicle storage facility to be located on the property with substandard landscaping and nonconforming curb cuts. Although Recreational Vehicle Storage is not a use specifically listed in the. Commercial-One District regulations, it is a use that City Council specifically approved within a Commercial-One District in 1990, for property located at Kipling and 50th Avenue.- Staff had recommended, at that time, that Recreational Vehicle Storage may not be appropriate as a Commercial-One use, but rather a Commercial-Two or Industrial District use, however Planning commission and City Council approved that request. Therefore, Council established the policy that Commercial-One zoning is appropriate for Recreational Vehicle Storage, hence ,- this request for Commercial-One zoning. II. PROPOSED SITE PLAN The proposed site is located at 11800 West 44th Avenue and is approximately 3.01 acres (131,422 square feet). Former land uses consisted of a gas station (the vacant building located on parcel "A") and two single family residences (parcel "B"). The residences were removed and the property cleared during the month of November, 1992. An existing auto body facility is located on parcel "C" and though this property is not part of the requested rezone it is part of the total development as a portion of the main entrance is located on it. The applicant is proposing a recreational vehicle storage facility to be located on parcel "B". There is to be a main entrance located on West 44th Avenue in between the two existing structures. An emergency entrance is to be located on Tabor Street. One hundred thirty-three (133) parking spaces have been proposed using a circular traffic pattern with isle widths of 45, 35 and 65 feet. ...Fencing is to surround the storage site however no landscaped buffer is to be located between the fence and Tabor Street. In addition the fence located along the north and west property lines are to be chain link rather that some type of screening fence, as required by Section 26-22(C)(3). The proposed landscape plan is inadequate as related to the total area and the amount landscape materials required. Due to the size of the parcel approximately 13,142 square feet of landscaped area, 28 street trees and an_additional 131 trees and/or shrubs are required to placed on site. Because the applicant considers this development-interim only 20 trees and/or shrubs and 3,200 square feet of landscaped area has been proposed (including 600 square feet located within the 44th Avenue right-of-way). City Council Staff Report Case WZ-92-12/Alexis Investment Page 3 Though this use is not the highest and best use of the property Staff does not feel that the proposed use is "an interim use of the site". In fact the definition of an interim use is a use that would be temporary in nature. There is nothing that says that this use will not last 5, 10 or even. l5 years. In addition any landscaping that is placed along the perimeter of the property would not be lost if .the property where to be redeveloped. FINDINGS OF FACT AS RELATED TO A VARIANCE OR WAIVER The applicant is requesting two waivers; a) A reduction in amount of area and the number of trees and shrubs required. As per 26-32 (D)(3) requires that an area of approximately 13,142 square feet to be landscaped with a minimum of 28 street trees and an additional 131 trees and/or shrubs. The applicant is proposing 3,200 square feet of landscaped area with 20 trees and/or .shrubs. b) Allow non-screening fences along the north and west perimeter of the storage area. As per Section 26-22 (3) all storage areas must be screen by a 6 foot fence. 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located? The property can yield a reasonable return in use if permitted to be only under the conditions allowed by the regulations for the district in which it is located; and 2. is the plight of the owner due As this site is under the same commercial properties located the owner is not due to unique 3. If the variation were granted, character of the locality? to unique circumstances? constraints as are all other- aithin the City, the plight of circumstances; and would it alter the essential Approval of the variances would alter the essential character of the local neighborhood as the required landscaping and screening is needed to reduce the effects that a commercial use has on right-of-ways and neighboring properties; and 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? City Council Staff Report Case WZ-92-12/Alexis Investment Page 4 There are no particular physical surroundings, shape or topographical conditions of the property involved that would result in any particular hardship; and 5. Are the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Because there are no hardships nor unique circumstances conditions upon which this petition is based would be applicable to other properties within the City; and 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? The purpose of the variation is based upon a desire to save money; and 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The hardship has been created by the applicant as he was notified of all requirements prior construction of the existing fence; and 8. Will the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The granting of this variance will not be injurious to other property or improvements in the neighborhood; and 9. Will the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety and substantially diminish or-impair property values within the neighborhood? The granting of this variance could increase the danger of public safety as the required landscaping would move the fence back a minimum of ten (10) feet along Tabor Street. Based on the above "Findings of Fact" Staff would maintain that all landscaping should be installed and could be installed in such a way that it would not have to be removed when and if a "permanent development" use were to occur (see Exhibit "B"). In addition Staff also finds that perimeter screening of the storage area should be required to reduce the effects of this type of use on the surrounding neighborhood. City Council Staff Report Page 5 Case WZ-92-12/Alexis Investment III. ADJACENT ZONING AND LAND USE Zoning and land use to the north consists of C-1 with a retail use located on it (approved in 1988) and Agricultural-One with a single family residence. To the south and east the zoning is Agricultural-One with single family residences. To the west, Commercial-One and Commercial-Two exist with a retail/service use located on it. In addition within the immediate area there exists a recreational vehicle park, a fencing company with ancillary storage and a mini-warehouse facility. It is therefore Staff's conclusion that based on recent rezonings (WZ-88-12 and WZ-90-8) and the existing uses allowed by the rezonings, this request is consistent with the existing character of the area. IV. COMPREHENSIVE PLAN DESIGNATION The Fruitdale Valley Master Plan designates the property as neighborhood commercial (north one-half) and moderate density residential (south one-half). The surrounding designations show neighborhood commercial to the north and east, general commercial to the west and moderate density residential to the south. The Fruitdale Valley Master Plan was adopted on August 9, 1985. On January 29, 1988 Tabor Street south of West 44th Avenue was reclassified from a local street to an exempt local status. This reclassification requires that the existing improved width is to remain thus severely restricting the amount of traffic that can be handled by the street. It is therefore not in the best interests of the City to allow any development along Tabor that would increase traffic whatsoever. Residential development of the south half of this property would increase the traffic on Tabor dramatically.- Therefore development of the property as a single use should be encouraged, restricting access of the property to West 44th Avenue. It is therefore Staff's opinion that due to recent street reclassifications and recent rezoning actions allowing a wide range of Commercial-One uses to be located within neighborhood commercial designations, the entire property can and should be developed in a commercial manner with access orientated to West 44th Avenue. it should be pointed out that during the Planning Commission review there was discussion that concerned the Master Plan designation, the Comprehensive Plan designation and the uses allowed under the Commercial-One. Because there are differing opinions as to how these three are related Staff would offer an alternative to the requested_rezoning, the property could be rezoned to Restricted-Commercial with a Special Use_Permit and approved Site Plan that would allow the storage of recreational vehicles. This would reduce the number of uses allowed. V. AGENCY REFERRALS The responding agencies had the following comments: City Council Staff Report Page 6 Case WZ-92-12/Alexis Investment Wheat Ridge Parks and Recreation 1. A six-foot stockade fence and plant material should be used to screen the. south property line. It was suggested that Lombardi poplars and spruce trees be used as a plant screen. Wheat Ridge Police D-epartment 1. A separate turn lane should be added on West 44th Avenue to facilitate the large vehicles that will be turning onto the property (because of the low volume of traffic generated by the proposed use Public Works is not requiring an accel/decel lane). 2. Fencing should not be designed as to block the visibility into the facility from either Tabor Street or West 44th Avenue (This request goes entirely against the zoning requirement that all storage located within a Commercial-One zone district be -- screened, especially adjacent to residential uses.) Valley Water District 1. Additional water lines and fire hydrants may be needed to meet Arvada Fire Protection District requirements. 2. Additional water taps may be required to serve the development, depending on the needs. Arvada Fire Protection District 1. Access roadways within the proposed storage facility need to be of an all-weather surface. 2. A fire hydrant will need to be installed on the site. Public Service Company 1. No objections. Wheat Ridge Public Works Department 1. A drainage report will be required. 2. If Tabor Street is to be used as an access point improvement and dedication of a 15 foot along Tabor will be required. This will be required if the applicant is going to use the. Tabor Street entrance as a main entrance rather than an emergency entrance. 3. Existing access driveways on 44th Avenue shall be closed allowing for the proposed main entrance to act as a single joint access for all the parcels. City Council Staff Report Page 7 Case WZ-92-12/Alexis Investment V2. CRITERIA FOR REVIEW RELATING TO THE RSOUESTED REZONING Staff has the following comments relative to .the criteria for review as set forth under Section 26-6 (C)(3): 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 Fruitdale Valley Master Plan designates the property as neighborhood commercial and moderate density residential, the property is split about half and half. It is felt that due to the Tabor Street reclassification and recent rezonings within the neighborhood commercial designation, this request is in conformance with the City of Wheat Ridge's Comprehensive Plan goals and objectives; and 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. Due to recent rezonings the proposed change is compatible with the surrounding area and because access is orientated to West 44th Avenue, there will be minimal adverse impacts to the surrounding area; and 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. Because the proposed use will offer a service that is of a need in this community, a social/physical benefit is derived. In addition Council is currently considering an ordinance that will not allow the parking of, any recreational vehicle along the public right-of-way; and 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. With the exception of an additional fire hydrant and possibly additional water taps all utilities can serve the property. However if the applicant requires an additional main access along Tabor Street, dedication and improvements shall be required to brim Tabor up to an acceptable level to serve the addit.,,_u~al needs; and City Council Staff Report Page 8 Case WZ-92-12/Alexis Investment 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reducing light and air to adjacent properties. The proposed rezoning will not adversely affect public health, safety or welfare to adjacent properties; and 6. That the property cannot reasonably be developed under the existing zoning conditions. Because of the Tabor Street reclassification, the property must be developed as a single use development with the main access point located along West 44th Avenue. Therefore under current constraints the property cannot be reasonably developed under existing zoning conditions and should be allowed to be developed as proposed; and 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Due to the surrounding zoning and land use the proposed rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas; and 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Currently there is only one recreational vehicle I storage facility within the City of Wheat Ridge therefore a void in this community need will be filled. - VII. PLANNING COMMISSION ACTION At their December 17th public hearing, Planning Commission reviewed the proposed request for this property. A recommendation of APPROVAL was given for the following reasons: 1. The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and 2. The proposed change of zone is compatible with the surrounding area and there will minimal adverse impacts; and 3. The proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and City Council Staff Report Case WZ-92-12/Alexis Investment Page 9 4. The property cannot reasonably be developed under the existing zoning conditions; and 5. The rezoning will not create an isolated or spot zone district related to adjacent or nearby areas. With the following conditions: 1. That a Type I site plan shall be prepared for submittal to . City Council. 2. An easement to-allow ingress and egress for all three parcels along the main entrance between Parcels A and C, shall be prepared and submitted with the Type I site plan, in a form that can be recorded.at Jefferson County. In addition, if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the west, south and east property lines of Parcel B. 4. An effort be made to landscape along the east side of the parcel, even though the brick pillars have been installed; 5. That landscaping be installed along West 44th Avenue consistent with City recommendations; 6. That the C-1 zoning on this property be restricted strictly to this Recreation Vehicle storage use they are proposing at this time. No other use is permitted on this parcel without returning to Planning Commission/City Council for site plan approval. VIII. CONCLUSIONS AND RECOMMENDATIONS Staff concludes that based on the preceding criteria, the findings support a change of zone and therefore, a recommendation of APPROVAL is given for Case No. WZ-92-12 subject to the following conditions: 1. A Type I site plan shall be prepared for submittal to City Council. 2. An easement to allow ingress and egress for ail three parcels along the main entrance between Parcels_"A" and "C", shall be prepared and submitted with the Type i site plan, in a form that can be recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. City Council Staff Report Page 10 Case WZ-92-12/Alexis Investment 3. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". 4. The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26-32 (D)(3). 5. All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C". Staff would also support the approval of rezoning the property to Restricted Commercial with a Special Use Permit and approved Site Plan. However Staff concludes that based on the preceding criteria for. the requested waivers, the findings are not supportive and therefore, a recommendation of DENIAL is given for the landscape and screening waivers. RECOMMENDED MOTION OPTION _g, REZONING: "I move that Council Bill No. a request for rezoning from Agricultural-One and Restricted Commercial to Commercial-One with an approved site plan for property located at 11800 West 44th Avenue be Approved for the following reasons: 1. The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and 2. The proposed change of zone is compatible with the surrounding .area and there will minimal adverse impacts; and 3. The proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and 4. The property cannot reasonably be developed under the existing zoning conditions; and 5. The rezoning will not create an isolated or spot zone district related to adjacent or nearby areas. With the following conditions: 1. A Type I site plan shall be prepared for submittal to be recorded at Jefferson County. 2. An easement to allow ingress and egress for all three parcels along the main entrance bet~.aeen Parcels "A" and "C", shall be prepared and submitted with the Type City Council Staf£ Report Case WZ-92-12/Alexis Investment Page 11 I site plan, in a form that can be.recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". 4. The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26-32 (D)(3). 5. All curb outs along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C". OPTION A, WAIVERS: "I move that the request for .waivers of required landscaping and storage area screening be Denied for the following reasons: 1. The property .can yield a reasonable return in use if permitted to be only under the conditions allowed by the regulations for the district in which it is located; and 2. As this site is under the same constraints as are all other commercial properties located within the City, the plight of the owner is not due to unique circumstances; and 3. Approval of the variances would alter the essential character of the local neighborhood as the required landscaping and screening is needed to reduce the effects that a commercial use has on right-of-ways and neighboring properties; and 4. There are no particular physical surroundings, shape or topographical conditions of the property involved that would result in any particular hardship; and 5. Because there are no hardships nor unique circumstances conditions upon which this petition is based would be applicable to other properties within the City; and OPTION B, REZONING: "I move that Council Bill No. a request for rezoning from Agricultural-One and Restricted Commercial to Commercial-One be reduced to a rezoning from Agricultural-One and Restricted Commercial to Restricted Commercial with a Special Use Permit and an approved site plan for property located at 11800 West 44th Avenue be AE~E,roved for the following reasons: 1. The change of zone is in conformance with the ~~ty of Wheat Ridge Comprehensive Plan. goals, objectives and ; ~licies; and City Council Staff` Report Case WZ-92-12/Alexis Investment Page 12 2. The proposed change of .zone is compatible with the surrounding area and there will minimal adverse impacts; and 3. The proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and 4. The property cannot reasonably be developed under the existing zoning conditions; and 5. The rezoning will not create an isolated or spot zone district related to adjacent or nearby areas. With the following conditions: 1. A Type I site plan shall be prepared for submittal to be recorded. at Jefferson County. 2. An easement to allow ingress and egress for all three parcels along the main entrance between Parcels "A" and "C", shall be prepared and 'submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing there .continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". 4. The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26-32 (D)(3). 5. All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C". OPTION B, WAIVERS: "Same as OPTION A, WAIVERS". OPTION C, REZONING: "I move that Council Bill No. a request for rezoning from Agricultural-One and Restricted Commercial-One with an approved site plan for property located at 11800 West 44th Avenue be Approved for the following reasons: 1. 2. 3. OPTION C, WAIVERS: "I move that the request for waivers of required landscaping and storage area screening be Denied for the following reasons: City Council Staff Report Page 13 Case WZ-92-12/Alexis Investment 1. 2. 3. OPTION D, REZONING: "I move that Council Bill No. a request for rezoning from Agricultural-One and Restricted Commercial-One with an approved site plan for property located at 11800-West 44th Avenue be denied for the following reasons: 1. 2. 3. With the following condition: <pc>srwz9212 CITY COUNCIL MINUTES: February 22, 1993 Page -2- Motion by Vance Edwards that Council .bill 3 (Ordinance 920), a request for approval of a rezoning from kestricted-Commercial to Commercial-One for property located at 9900 West 44th Avenue, be approved for the following reasons: 1. The proposed rezoning is compatible with-the adjacent zoning and land use and it is consistent with the Comprehensive Plan; and 2. The criteria used to justify a rezoning support approval of this request; and 3. Planning Commission and staff recommend approval; seconded by Mr. Shanley; carried 7-7 with Mrs. Brougham voting No. Item 2. Council Bill 4 - An Ordinance providing for the approval of rezoning from Restricted-Commercial and Agricultural-One to Commercial-One and for approval of an 0_fficial Development Plan on land located at 11808 West 44th Avenue, City of Wheat Ridge, county of Jefferson, State of Colorado. (Case No. WZ-92-12) (Alexis Investments) Council Bi11.4 was introduced by Phil Edwards on second reading; title read by_the_Clerk; Ordinance No. 921 assigned. Mr. Middaugh explained that the parcel in question is currently zoned A-1, R-C, and C-1. The request is to have the entire parcel rezoned to a C-1 classification. There has also been a request that the landscaping requirements be waived. Council will be presented various options for motions. Mrs. Brougham complained that the Planning Commission minutes were not attached to the staff report and she requested that Council have those Minutes prior to proceeding with this case. Mr. Shanley asked for consensus to proceed with the hearing without t_he Planning Commission Minutes. Consensus was 5 in favor to proceed. h1r. Gidley presented the staff report and answered Council questions. Michelle Brewer, 3333 E. Bayaud Ave., li205, representing the applicant, was sworn in by the Mayor. She gave history on the piece of property; they have spent a considerable amount of money on it to make improvements and have plans to spend more on landscaping. The recreational vehicle :storage is only temporary and they don't want to spend a lot of money on landscaping until they find a permanent use for the property; most of the improvements they"made were made at their neighbors requests; she was led to believe that their site plan was sufficient and she submitted this plan in January and has never heard anything back; the ditch has been moved to the southern end of the property; although there are many trees on the property they are willing to plant more; there is a need for this use in the community. Alex Brewer, 13620 W. 30th Place, Golden, office address 11900 W. 44th Avenue, adjoins the property in question; the reason he bought this property is that his business is expanding; they have worked with the neighbors; this is not a permanent use, it is too expensive for what we are using it for, but for now it will keep the property clean; they have done everything they could to comply with whatever the City asked. ^'4 CITY COUNCIL MINUTES: February 22, 1993 Page -3- Janice Thompson, 12290 W. 42nd Avenue, was sworn in by the Mayor; she quoted from the Fruitdale Valley Master Plan that encourages quality growth which preserves property values and upgrades the community. Commercial Use along 44th Avenue that does not encroach on residential areas is promoted. Incompatible and undesirable uses should be excluded. She is concerned about the word "outside storage"; tires stored behind Mr. Brewer's business are very unsightly. She asked that C-1 be only along 44th Avenue and the rest of the property remain Restricted Commercial to protect the residential uses. Comply with landscaping regulations. Motion by Phil Edwards that Council.Bi11 4 (Ordinance 921), a request for rezoning from Agricultural-One and Restricted Commercial to Commercial-One with an approved site plan for property located at 11800 West 44th Avenue be approved for the following reasons: The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts; and the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and the property cannot reasonably be developed under the existing zoning conditions; and the rezoning will not create an isolated or spot zone district related to adjacent or nearby areas. With the following conditions: A Type I site plan shall be prepared for submittal to be recorded at Jefferson County. An easement to allow ingress and egress for all thee parcels along the main entrance between Parcels "A" and "C^, shall be prepared and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing their continued use and maintenance shall also be submitted. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26-32(D)(3}. All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C"; seconded by Mr. Shanley. Motion by Mrs. Brougham that Parcel "B" be indicated on the site plan to allow Recreational Vehicle Storage only on a water-permeable surface; seconded by Mr. Selstad; carried 5-3 with Councilmembers Shanley, Flasco and Phil Edwards voting No. Motion by Vance Edwards that the rezoning be from Agricultural-One and Restricted Commercial to Restricted Commercial with a Special Use Permit and an approved site plan; seconded by Mr. Selstad; failed 2-6 with Vance Edwards and Mr. Selstad voting yes. Phil Edwards called for the question; seconded by Mr. Flasco; carried 5-3 with Councilmembers Selstad, Vance Edwards and Brougham voting no. Vote on original motion as amended carried 5-3 with Councilmembers Selstad, Vance Edwards and Brougham voting no. Mrs. Brougham does not feel this is in compliance with the Fruitdale Master Plan. ' 7500 WEST 29TH AVENUE The Cit of P.O. BOX 63B - - - - - _ y WHEAT RIDGE. Q060034-0638. _ __ (303) 234-5900 Wheat City Admin. Fax # 234-5924 Police Dept. Fak # 235-2949 Ridge March 1, 1993 Ms. Michele L. Brewer Alexis Investments Corporation 11930 West 44th Avenue Wheat Ridge CO 80033 Dear Ms. Brewer: Please be advised that your request for a rezone from Restricted Commercial and Agricultural-One to Commercial-One pursuant to Case No. WZ-92-12 for property located at 11808 West 44th Avenue was approved by City Council on February 22, 1993. Conditions of the approval were as follows: 1. A Type I site plan shall be prepared for submittal to be recorded at Jefferson County. (See attached requirements.) In addition, the following shall be placed on the .site plan: a. A note stating that only the storage of Recreational Vehicles is allowed on Parcel 'B'; and b. A note stating that only a permeable surface shall be allowed on Parcel "B". 2. An easement to allow ingress and egress for all three parcels along the main entrance between Parcels "A" and "C", shall be prepared and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition, if any ditch or laterals have or will be moved, easements allowing their-continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". 4. The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26- 32(D)(3). 5. All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C". Curb cuts on Parcel C are not required to be closed. ca «,~~~„n.dr„i„" Ms. Michele Brewer March 1, 1993 Page 2 Attached you will find Ordinance No. 921 and copies of a marked- up copy of your land survey plat that indicates landscaping requirements, a copy of Sec. 26-32., Landscaping Requirements; a copy of Section 26-6(E)(1) Type I Site Plan Requirements; and a copy of the C-1 district regulations. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2852. Sincerely, r ory D. Mo erg Plann GDM:slw attachments ~PAHOE ACRES ~~-: NURSERY txc. 9010 SOUTH SANTA FE LITTLETON. COLORADO 80125 TEL: 1303) 791-1660 PROPOSAL BREWER TIRE CO. designed for - - _.. 11900 W 44th WHEATRIDGE, CO ari riress Iv~.%~~D~i~i~~l-5 ~ ZZ- Z3oc~ 4/5/93 date °-- -- Phone_ quantity list of plants size key cost each total ~ 13 MAR H L A H 24 ' 14 0 0 WO ~- ` M3'l 6 GINNA A M _ 1 ~ 11 A T I 1 - N __ 7 GOLD N R GAL. 20.00 14 E I1 GOLDEN NINEBARK -- 5 GAL. 20.00 PF TZ R N 6 BUFFALO JUNIPER AL. 25.00 34 BLUE CHIP JUNIPER S GAL. 25.00 PLANT 1670 SQ. FT SOD/SOIL PREP @ .32 535.00 0' 15 STEEL EDGING @ 1.00 150.00 . 8920 ~ FT 111 RIVER ROCK W WEED BARRI R .50 4 460. ``""`~ AUTO IRRIGATION SYSTEM 4 7 ' MISC. 9 415.00 - -_ - -- - ~- ~ ~ lolal thls pogo total taxes TOTAL ALL PAGES ~,_ '~ k ~~ ~ ~. ~~ ~. ~ ~ ~, i ~~'~. ~ ~ ~- ~ ~ ~ 3~ ~~ r ~` ~~~~ ~z~3 ~~ ~~z?~ c` ~ ,t cz ~t -t i~ ~ }~ j f ? 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