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HomeMy WebLinkAboutWZ-95-3 me city of Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Colorado Land Consultants Address ~~ #200~h 8480 E. Orchard Rd Attn: Steve Wilson Own , one ~~n_stinn En lewood CO -80111 9 ' er „i o,,,,V.,a ~,~ ~ i ~ o c Ctr.Address ~ g 1~opFi.g _ _~ zann ~ Fyn„ ,~ n Phone 975_7F99 L~ .~en p~'~n~shi--~~ttn: Gerald Biehl oca itin qu Aurora CO 80014 #190 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 y~~IVariance/Waiver Site development plan approval r Special us LINOnconforming use change e permit ; Conditional use permit ' Flood plain special exception ~ Temporary use/building permit Interpretation of code Zone line modification Minor subdivision Subdivision Public Improvement Exception Preliminary Street vacation Final Miscellaneous plat ^ ** See attached procedural guide Solid waste landfill/ mineral extraction permit for specific requirements. ^ Other Detailed Description of request pm lent to ODP to allow for an expansi r of a ar nho ~Se to the wa1 mart ~d~ ~~ h l~ g the adcU.tion of a 900 SF res~.auran~ _and adds ,nn of 15,971 SF of new retail spa ce - ,. ' List all persons and companies who hold property as o an interest in the described real , wner, mortgagee, lessee, optionee, etc. NAME ADDRESS I PHONE P PF3CP RPP 53{"x.-a(`}~Pd 't.ltl~~i~Pnt I certify-that the information and exhibits herewith submitted are true and correct to the be t f - s o my knowledge and am acting with the knowledge and con t that in filing this application, I sen of those persons listed above, without whose consent the requested action cannot lawfully be ac li Applicants other than owners must submit which approved of thi comp shed. power-of-attorney from the owner s action o his beh alf. c Signature of O,,,m~. Subscribed and sworn t me this ~~ day of 19 '~Q PAMELA M. JOHNS Nota SEALNOTARY PUBLIC y P lic - °' , . STAI E OP COLORAbO _ My commission expires ~/ Tl~~l-e. D.. .. _t -~~~ •~°~~~~=u xece~pt No. Case No. 8480 E. Orchard Road ~ • Suite 2000 Englewootl, Colorado 80711 (303) 770-5600 FAX (303) 770-2349 Colorado Land Consultants, Inc. Planning/Engineering/Land Surveying Landscape Architecture November 30, 1994 Mr. Glen Gidley Director of Planning and Development City of Wheat Ridge P.O. Box 638 7500 West 29th Avenue Wheat Ridge, CO 80034 RE: Applewood Village O.D.P. Amendment #6 Dear Glen: The modification to the Applewood Village Shopping Center as proposed in Amendment #6 will have negligible impact on drainage for the site. The site is presently 91% impervious surface of which the vast majority drains to the north to 38th Avenue, and is subject to an in-progress Owner/City drainage improvement system project. The changes shown on Amendment #6 which are within that improvement project watershed (Details A, B & D) will not adversely affect the hydraulic efficiency of the proposed system. The improvements proposed in Detail C will slightly increase the impervious area of the watershed to the south onto West 32nd Avenue and should have a minimal impact on existing drainage conditions. Please call if you have any questions or comments. Sincerely, COLORADO LAND CONSULTANTS, INC. 't~'~ Paul Crabtree, P.E. Project Manager PC:cst An affiliate of Civil Land Consultants, Inc. i {b) 'Loan Policy - ,Proposed Insured:'. S16,650,000.00 GW1534002: 107.12 NATIOATAIIDE LIFE INSURANCE CObIPANY, AN OHIO CORPORATION . ^: 4. The land referred to in this Commitment. is'described as follows: ~,. , SEE LEGAL'DESCRIPTIG~ ATTACHED HERETO ~- AND MADE A PART HEREOF ......:... ...' . COUNTY OF JEFFERSON;' STATE OF COLORADO. {for informational purposes 'only). 3240-3300.YOUNGFIELD//52556 W. 38TH'AVE.,., PREMIUM: ~ ~ .. {c) Fropased Insured: ` S0.00 3. Fee simple'interest in the land described in this"Commitment is, owned; at the Commitment Date by: APPLEWOOD VILLAGE SHOPPING CENTER,' .- ". ~. ~A COLORADO GENEP.AL PARTNERSHIP . Owners......-..... 50.00 Mortgage.......... 50.00 Mortgage........:. S0.00 Tax Cart..:...... S120.00 Foriq - 107.12..... 52,372.00 Form - 110.1 ..... S0.@0 JAN 12,.1994 wk1.MB (c) Obtain a.certificate of taxes due from the county treasurer or the county treasurer's authorized agent. - (d) The following documents satisfactory to us must be signed, delivered - and.recorded: ^•. ^.... ^. ^. 1. An ALTA/AGSM Land, Tit le Survey in form, content and certification"to SECURITY TITLE GUP.RANTY COMPANY and FIRST AMERICAN TITLE INSURANCE COMPANY as may form the basis for issuing endorsement FORM 100 in connection with -the LOAN policy to be issued hereunder and/or deletion of items 3-4 from Schedule B of the FORM 107.12 ENDORSEMENT policy to be issued. ~: NOTE: Exception may be made to any, adverse ,matters disclosed.:by the . ALTA/AGSM Land Title Survey. "" NOTE: THE ABOVE SURVEY REQUIRES A CURRENT CERTIFICATION DATE... 2. PROVIDE A LETTER IN A FORM ACCEPTABLE TO THEW-'COMPANY FROM ;THE ZONING ' '. DEPARTMENT STATING .THE FOLLOWING: - A) ZONING CLASSIFICATION OF SAID LAND.. :~. ' `-..~ r B) DEFINITION OE~USE• OR USES UNDER SAID CLASSIFICATION;'' TOGETHER.,,_WITfi `'.'ANY CONDITIONS,,'.RESTRICTIONS.OR.REQUIREMENTS THEREOF. _, ., ,_ C) THERE ARE NO,PRESENT VIOLATIONS OF,THE APPLICABLE ZONING,'~INCLUDING,~BUT .' -NOT LIMITED TO: SUILDING,SITE AREA, FLOOR SPACE, AREA,-,BUILDING ,,SETBACKS: _ .., . _. ADtD STRUCTURE HEIGHT:. -` - " ~ ` - '- 3. PROVIDE THE COMPANY AN AFFIDAVIT AND INDEMNITY AS A NON-RECORD TITLE RIGHTS FOR REVIEW TO DETERMINE THE DELETION OF PREPRINTED EXCEPTIONS.NO. Z OF SCHEDULE B - SECTION 2. '' ~ _ ~ .. 4. The following items, which may not necessarily ,be recorded; must, be furnished to the Company to it s. satisfaction to-wit -:•.~ - - ,. THE FOLLOWING INFORMATION SHALL HE SUBMITTED TO THE COMPANY FORS REVIEW TO DETERMINE WHETHER'MECHANICS LIEN PROTECTION MAY BE GRANTED ON THE POLICY TO BE ISSUED UNDER SCHEDULE A, PARAGRAPH 2(B): (A) CONTRACTOR'S AFFIDAVIT (SEE CONTINUATION OF SCHEDULE B - SECTION 1, IF ANY, ON NEXT PAGE) (CONTI''"~1TION.OF SCHEDULE B - SEC~'V 1) :: • 5, ,The "Affidavit ar,Indemnity to FIRST!AMERIC~fiITLE INSURANCE COMPANY"•: signed by the parties in Paragraph 3, Schedule A of. this .Commitment., and notarized. -. .,:.> 6. THIS COMMITMENT IS SUBJECT~TO SUCH REQUIREMENTS 'AND/OR -EXCEPTIONS_'AS_ MAY BE DEEMED NECESSARY. UPON REVIEW ; OF': ;COMMITMENT,';. BY :' COUNSEL ':;'.FOR ; THE ``'v,: _.._. .COMPA2dY, ITS AGENTS OR SUBSIDIARIES."" '.A .. ... . . . a .. -. ., i a ..... { ~ - ~ 1 ~~;F.R'S ,T,o. I1871217 ' ],EGIsL DESCH?FTIO:Z _ .. .: - ' PARCEL 1: A portion of the East one-half of the Northwest-one-quartsr~ of Sectioa 29. Township 3 South..Range 69 West of thx 6th Y• !:" " described ss follows: Beginning at a point G54.32.feet North of ..the . South line of the Northwest one-quarter~of aid Section 29,:aad. 60.00 feet East.of'the Wess.lina of the ..Sast...one-half °of •tha .Northwest:, • xhence N O.dz$rees-51.8'':W parallel toy one-quarter of said.Section 29. .. the-'W.st:liae of the East one-half of .. the Northwest. orie-quarter of .. of the . said Section 29uaztertofcthefNorthwestfone-quarterSoftsaidiSection 29: Northeast one-q onanquaxttr of$thasNo$thwestaoneSguartaroofhsaidnSectiont29 aNdistance. of 150.00 feet: hen:e N 0 deorxes 51'.8' W parallel to the West line of the East on°--half of the North~rast one quarter of said Section 29 a distance of ?00.00. feet: thence S 39 degrees 28.1' W parallel tuart$r South line of the Northeast one quarter of the Northwest one-q of'~said Section 29 a distance of 150.00 feet: thence N 0 degrees 51.8' W parallel to the West line of the East -cne-half of the Northwest one-quartert~Qnce1onsnccurve2tonthesright whose5radiuseist182.00ifxet£ curvature: and whose chord bears N 37thenceeSN~17b' degreesta34E0 f E22along fthe to a point of tang_ncy: Platted Northwest lcorner Woft RIDGEVIEWuxACRESs~TH7~.0 fFILING9 rAet to t•n 'Calorad.o: • Subdivision in the ,official records., of Jefferson County, thence 5 0 degrees %.3 .5' E alor.^ the West line of said RIDGEVIE'~ ACRES THIRD PILING a distance of 670.:3 feet .to ua=SeLSoftsaid1Sect~on'29{ Northeast one-quarter of the Northwest one-q thence.5 89 degrees 28.1' W along waste=~ofhsaidnSectiont29 a distance ane'-quartAr of the Northwest onz-q' of 0.67, feet to a point which is •885 feu~rtrst of Lsaid ~5ectionz 29. the East one-half of the Northwest one-q .thence 5 0 degrees 51.8' E parallxl.to the West lens. of the. East •ong-half of the'Northwest on.e-quarter of said Section 29 a distance.of :~ 1152.99 feet to ; point 160.00 fdet North of the South; line, of the. NaralielttonthguSouth olineiaofscthen Northweste one9quarters of 7said, s~'Section 29 a' distance of 192.34 fret: thence S 0 dzgreas 51.8' E p.arallel.to the West line of the Esst~.ona-half :of the Northwest thence-S S9 onQ-quarter cf said a=allel 2toa thetaSouthf.line~0ofeethe Northoint degrees 31.7' W P one quarter of said Section 29 a distancs of 342.fi6 feet to a 350.00 fact East of the West Sine of the East one-half of" t e uarter of said Section 29:~thance N'0 "degrees 51.8' - W Ptorth.rtst one-q parallel to the West lice of the East one;hnlf of~ the Northwest one-quarter of said ara12e1 ?toe ih=taSouth¢ line00ofe~thetheNorthwest.- thence N 0 degrass 31.7' W P one quarter of"saarall~lito theaWasttliae of the Easteone-half of" the.. degrees Si.8 W P Northwest ane-quarter of said Sz~rallelg to dtheanSouthf lin;32of ethe thence S 89 degrees 31.7' W P Northwest ona-qu1inninof County~of9JaffersoncLS"tata4of0Coloradot~ .z e Truz Point of Beg 8 Z~GE 1 OF 2 ~r YL£c.~.: DESGgIYxlox (cArrrix~ .'?A~RtEL 2: Lets 14 and 20, Block 1. ,ipFL~00D.VILLAGE, 'County of Jefferson, State of Colorado. f AAPLI'i~'~ '[ip, DH7i217 ~~. FARCEL 3: That part of the South~aan$z4~grtd~stooft~thxor6eheJPrincipal of Section 29. Township 3 South, 3i=_ridisn, in the City of Wheat Ridge. County of .Jefferson. State of Colorado described as: Coa.±encing at the point of intersection of the East right of way line of Youngfizld Street and the South line of the Northwest quarter of said Section 29. whence the West quarter earner of said Section 29 bears South 89 degrees 31 minutes 12 seconds West, 1382.42 feet and the Southwest corner of the Southeast quarter of said Northwest quarter bears South 89 degrees 31 minutes 12. seccnds West . 60.00 feet: running thence North 00 degrees 51 minutuarter ofcothe Nast. parallel with the West line of said Southeast q 3~':orthwest quarter and along said East right of way line of Youngfield Street. 130.00 feet to the True Point of Beginning: thercx continuing along said East right of way line. Notth 00 degrees 51 minutes 48 seconds West 274.32 feet: thence leaving said East tight of way. line North 89 degrees 31 minutes 12 seconds East. parallel with. the South line of said Northwest quarter, 140.00 feet: thence North ~00 degrees 51 minutes 48 seconds.West, parallel with said East right of way line 175.68 feet: thence North 89 degrees 31 minutes 12 seconds Eastarallel feet: thenct South 00 degrees 51 minutes 48 seconds, £ast. p with said East right of. way lara11P1~~withe~thethSouthSolina89ofegsaid 31 minutes 12 second West p Northwest quarter. 290.OO,.feet.•moze or 'less, to the •True .Point of Beginning, County of Jefferson, State of Colorado.." p~,~ 2 OF 2 ' i. Taxes-and Assessments not certified to the .Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making_inquiry.of persons in possession thereof. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepanr_fes, conflicts it boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and wflich are not shown by the public records. 5. Any lien, or right to a lien, .,for' services, labor or material heretofore or hereafter furnished, imposed by law and 'not shown by the public records. b. .Any and all unpaid taxes, assessments and unredeemed ta:: sales. 7. THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN,`THERE ARE NO LIENS,' ENCUMBRAidCES OR OTHER MATTERS SHOWN BY•THE PUBLIC. RECORDS, 'AFFECTING SAID ESTATE OR INTEREST, OTHER THAN THOSE~SHOWN IN SAID POLICY NO. GW1534002, EXCEPT: (!~~ '. E%ffiSIT A PAGE 1 _ A. SUBORDINATION, ATTORNMENT AND NON DISTURBANCE.AGREEMENT'BECORDED JANUARY `23, 1991 AT RECEPTION NO. 91006426. {AFFECTS PARCEL 3) ,~•, - - - .:.. 8. AN EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES GRANTED TO PUBLIC- SERVICE COMPANY OF COLORADO BY INSTRUMENT RECORDED ., FEBRUARY 5, 1991 AT RECEPTION NO. 91010272. (AFFECTS PARCEL .3) C. FINANCING'STATEMENT FROM FRED SCHMID APPLIANCE- AND •.TV, DEBTOR, TO GENERAL ELECTRIC CAPITAL CORP., RECORDED FEBRUARY.19, 1.991 AT RECEPTION NO. 91013958. {AFFECTS TENANTS LEASEHOLD INTEREST} D. FINANCING STATEMENT FROM GERALD M. SIEHL, DEBTOR, TO METRO NORTH STATE BANK, SECURED PARTY, RECORDED FEBRUARY 10, 1992 AT RECEPTION NO. 92014109. (AFFECTS PARCEL 3) E. FINANCING STATEMENT FROM GERALD M. BANti, SECURED PARTY, RECORDED JANUARY (Ar^ ~~ ECTS PARCEL 1 AND 2 ) HIEHL, DEBTOR, TO METRO NORTH STATE 15, 1992 AT RECEPTION NO. 92005130. F. ANY AND ALL LEASES AND TENANCIES. NOTE: UPON COMPLETION OF ITEM 3 OF SCHEDULE B - SECTION 1, ITEM NO. F ABOUE WILL BE AMENDED TO READ AS FOLLOWS: RIGHTS'OF TENANTS, AS TENANTS ONLY, UNDER THE FOLLOWING UNRECORDED LEASES AFFECTING THEE PROPERTY. (TO BE PROUIDED} ~. G. APPLE4JOOD VILLAGE ADDITION OFFICIAL DEVELOPMENT~PLAN RECORDED JUNE- 10, 1992 AT'RECEPTION NO. 92064129. H. FIRE LANE EASEMENT AS GRANTED TO CONSOLIDATED MUTUAL WATER 'COMPANY, RECORDED SEPTEMBER 18, 1992 AT RECEPTION NO. 92116833. (AFFECTS PARCEL 3) I. Deed of Trust f rom APPLEWOOD VILLAGE SHOPPING 'CENTER, A COLORADO GENERAL PARTNERSHIP, .to the Pub11c•Trustee of JEFFERSON County, for the benefit of METRO NORTH STATE BANK, securing an original principal indebtedness of"55,632,451.24, and any other amounts and/or obligations dated OCTOBER 15, 1992, recorded .OCTOBER 16, 1992 AT RECEPTION NO. " 92132347. - Assignment of Rents in connection with the above Deed' of Trust recorded OCTOBER 16, 1992 AT RECEPTION NO. 92132348. . J. Financing Statement from APPLEWOOD VILLAGE SHIPPING CENTER, Debtor, to METRO NORTH STATE BANK, Secured Party, recorded OCTOBER "16, 1992. AT RECEPTION NO. 92132349. _ ~ ~.- _' K. THE EFFECT OF SUBORDINATION AGREEMENT RECORDED NOVEMBER 5, 1992 AT RECEPTION NO. '920142828. L. AGREEMENT F.OR USE AND POSSESSION OF REAL PROPERTY BETWEEN APPLEWOOD VILLAGE SHOPPING CENTER, A COLORADO GENERAL PARTNERSHIP-AND THE CITY AND COUNTY OF DENVER, RECORDED MARCH 12, 1993 AT RECEPTION NO. 93032730 tAFF~CTS PARCELS 1 AND 2). coNTl.~s.._..._,.:. E%SiBIT A, PAGE 2 ~ .~ \ ~ ' ~; L.- AGREEMENT FOR USE .AND POSSESSION .OF' REAL.~PROPERTY BETWEEN :APPLEWOOD -_ ~~ VILLAGE .SHOPPING CENTER, A COLORADO GENERAL PARTNERSHIP'AND ,.THE `.CITY. AND 'COUNTY OF DENVER RECORDED MARCH 12,,. 1993. AT-'RECEPTION .DIO. 93032730. ; (AFFECTS PARCELS I. AND 2) - "ti .. M. EASEMENT AND RIGHT OF WAY BETWEEN APPLEWOOD VILLAGE SHOPPING CENTER, A COLORADO GENERAL PARTNERSHIP AND THE CITY AND .COUNTY OF DENVER RECORDED NOVEMBER 10, 1993 AT RECEPTION NO. 9318b124. l ~~ ~- -• i NOTICE TO PROSPECTIVE OWNERS (A STATEhIENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION 89-2) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from .the transaction; .the Company shall be responsible for all matters which appear on the record .prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic '.s lien coverage. to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit And Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the .revision and approval of the Company. SPECIAL. TAXING DISTRT_CT NOTICE (A Notice Given In Conformity With Sect ion. l0-11-122 C.R.S.) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be .. obtained from the. county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. ~~ c ~~. t /~ . :e-~- . _, , °"p. F cna~ M0, Y2-75-15 / euTlrlctndt or zprsrc a-r7eicnr I. Elir ®rou0hait CStY Cltrk er t1r City of lilwt 111dpt, Celt»do htttby nrtiry tfrt tlr boundary or nrgin SonLi@ dLtrieb ritbin tbt City hit 6stn sMtd, M'plttNttd tr tbtnOtd by tht 1t01slttiw belly tr tht City rO1laWtq • -ublia IianLg ttld tlrt ~ portion or zanin0 district Ct~treitl Dnt rM attntltd. Mopl~ttnttd Or Chtegtd SO Zoning dLtrlet Planned "-'rti~I Owlopaant slr daaerlption of t1r Sai proptrty arrtnbd by Mii cbr~ga it M tollarts LLBAC DElGIPTIOlt !€E KYEA9E SED! THIS PRGE t Wd tbtnOt w MOrewd by ~ veb N t tI ~} to Ouaott lSth- 1l95 hlls~in! told Publlo IlMrinp fNld M _. Wy1Mt l5th, R. D.t 1! 73 t} 9170 L M, In tM t)wtrll Cbttbtrt tr tM City Or YMat Ridgt, 7710 not 7! Mntmt, ,Iwrt ltytl~ 1lrat 03dpt, Ctlortdt. CtrtillN tbU l~al e.y ar Mptatbar !. 0.. 1y 7S, t ~ ~lEAL1~~~ ~~~j~ ,r . ~f Yl Fm l-iS #.. 4 Y y , "~~- =~'i j _ , I, ~ l r:. . "~ ~ j}} ~ t i ~ . .. ~~': ~. f , .., "", ... t .. , - -~. '-' Nr. Sternrt nskod her aany curs they r[!1 kayo tna;da the bui ldin;. f f Mr. Rudolf statad that the hutldlnt rill hold 5 cars, . Mr. 2wtetaan statsd that ehls (a 6asicall a C in • Industrial zone tf approved by the plats(nmLSrclal 7Mo use, but it !s alloyed l wwiss(on, r - - + Mra. Ilarlor asktd if this ass is toapat}ble rtth othor usss !n the arse. ~ f rw• bLbtosd statc.l ehot there aw • lot of different uses rtthln the area. She elated I ~_. that you crnnot is}} froa the outside of the M}Idint rhat t t ~` i ' ~+•. ~,. ~ Mrs, lYrtor asked i! thew rtlt M any ordor Misslm froa th~i hulldintc has, t - f,,. ,,. __ ]h. Rudolf statad that tAew rrn't M that ouch. ',~~ ~~ bl' t}r. Mbher, sseood 6Y Xr. Iwwlan, '7yw char , ~ fona rlth eM lollorlnt stipulations; re Lrrnc this ass to a Industrial ~"', , "~4 7• M trantad and azteMW to tM applicant only, ' 3a =. Mao the lass ~` < ezpira, tM ass is to M dlsemtiaued•+ ~ - ~ . ~ _ Motim passM 5-O. r+ CASE RO. 12-75-35 - •.. `- . A lerosd Yil! a Sh i Crnter ~ ' . „1,~~~ b` Cslzar f+tdnar, eteorner. statad clot e lad tMt eM zaatK should M applawd,~ hM m objactims to tM dawl .~ - apaent a[tseaex, -~., -. sr.y. ` ~~ON Dl' Mrs. llarler, aeeend ~ ''-> ~ - . +ie Shoppiaj Crntsr resmint frm Restziettd saeaad that Caan M• ~ Mr• l~neaa, "Ree MZ-75-15, Applarood s'k- i~' aM Coaareial Ons to Planned Cnnnyretal Deret~ b~ ial. pserietsd Coaanrdal One. :. - .~~ afptaral for eM foilorlat tassns: t'ao~eMed to City Cmail for i ~~ v'~, ~„ 1. plaaaiaR papay}ynt f Hr~'µ`~'h : wca•ands •Pprorsl. ,~.~kv p1Mae zazm;at is is tM Mft fatasaat of tM aPplteut and tM city. ". -~'as.t tawlopaant. ol~t allep lleaibtIiey that is required !or furehor Y~ •. ~~ Caa*71a sdt- tM Lard Ua Plan.^ ^~~ n. ~~ lugM S-0. :.,_ "r ~ liutim Conrad belay for - E ~-~ eaaga o as or a cowl of iied.u and final Planned C ~ _, S"g~. E. ~a~16 n cater xax at esc oW a•srsia2 _ , venue s ~ C . M[. r YAaltgfaa prsaeatai final atlas plan to Plannint Ce~iaaidn [oz their uJ' Rlr. ~.:;i'~ aatataaa ands eM tol2eat rni~' ~ , .xG."^'~..`. K emaentt and ra~adatims: ' a~~^^~ 1. TDe Official Oaral ~"'~~'„.' iatzass/at:as, 1 oPaeat}nlaa nests all rsqulzaenu for ' ~'aP t aM t :tome rnrera . .~~ .: d 4. clot all Partin era. P. .. ::;J'ybe '0-" ML aPptopriata a ta° M an 3aaedLtely dm to eaistiat 3eaM _. .`.", iastn'e their dewi[tasaeaes have been dawloped ms part of tM pWKrhiw~llt opaent is tAe futuw as tM leases an wrtawd. .,,i ~ ~ K deralepaent r}thia tM site has Mena ~~ _ T,~°- Mwt Rid ~ -.,_ famed iate~ d tM devaloparnt has Dee subject t ~~~ ~ the City of b° ~;."..:• apialma la a[f~tHM tiaa~a applIcabla rnlaa, pprared hu[ldint Peraits ..y. ~,:: ;,_, , stulattms, and fetal ~y~ s ' .. ` ~~ k ' ~ 8 r~ ; R y {'y , ~>>aoq R ~.q% M7•LIa000 VI LLA,18 UP.Vi'LOCSq;Yf VLA.ti A4RLLIILHi , 21396 I60 ~ , ~ r j e Appicwod Vil late Shopp inl Cretat and the City of t7,set Yf6.lEA5 j x { , t lidie, State of Lo[orado ars desirous of <stxbtisAinl » davalopwent p:aa ~ ~ I '" for tM future dev@lopacnt of eh@ Center. . ~ w ,'~„ RDIi, THERf.FDAE. Cf IS AGREED AS EOLLORS: , .. s'^... i ' ~ 1, Devrloprene of the C@nter shalt occur substatt tally in atesr- . r .hats r`tb tM Official Developsunt Plan shed Exhibit ^A^, stlacAed he«te a ' ad lweor at@d herein by «f@«ncs. t - - ~. laMsta?[d i+r irunbelt arses ausdlered and tey@d a tM drariai r •. -. ' - . Mre L•aw • ^^^rte. ''+ ^ r^i}stet@d, ptofss}oaal arehiteet iw a breakdow _ ~:.-_ - ' . tl Lreakdorlt appears la doctnswes atrkad Exhibit "i^ attached ,• ' I `... _ ,i 4,. t @ rv., ~ ~ fir ^rc ( ~ r •` k ~tT a•:. at, rpont.d herein b7 refs«ace. ~, , [ 5 . S. iise o! all a[eas lw tAs Center pertln.nt f@[ YM rlaw a« s@t SM r vy e_ i ' fsrtA !w LM atatistiea suaanty rhich appears ow tM ..Aibit ^A^. , , y Exhibit •'A^ to tle,t landntaP}ni to 1M lastallN ;, 7M ref~r@nes on - a t rith a@r twildini cowatructiew nb« to coastrrctiw of ehe build, ~ riE' ~~ .~ ~ ' ~~ cewerrrw 3wi allerlt ea the dottrel adjacent to iraeabett area 11 aad rite Proposed additfow _ ;y.: ~ _r .: ~ - slorr w Eahi-it "A^ aijec@at to irsaabeIt arse y. + ; .~ ` m t 1 to M i. tAe reference la tM landscape Plat to ear landslip al ~` ' ' a. ~ ' . .. ~ - i@hrted @wenaPassss i@v@lopwnt of =ta@nMlt a«as rMA titmot at IM p[@s@M ^ ~ ~a :' n• . ~,,,,, Q rite M teawrtad by tM orntr to irsen-ett dw to existini lease raga z ' 1 ~~ i trill Present tewMS e! the Center. Appleresd •tllaY rill fantail tM deferred y,. ..'•~ i t ~~ .w- i -'~ ,n. a-~ ~ ereaa s< wel ~t isxe a eurnnt eontnetual obf iiat[ons ritA esistiwi tenants d , -~, -`-; ` ;. - ' eap3so ewd wy lx nnsiotiated. AL that tars er prior tMntw, if Applenea . i ., ~• Yillait seNir's additiomt adjacent lrWnd rhich it Nlht utilfzs for it@sw. } A~~+~.,_ + ~- sucA bound way M substituted in tM f}an for tM deferred areas ~. ..,^s~•_. - ? Nlf prrpeses, v i -.~ et ltte square footais. - - r ,. . r Tnffle areas desiineted on CAS Plu as "serrtce drives' and i _ ~, a+„ o Z , sled rill silos [d theme sMIt M po :..:#~' ' , r- ~ traff[e dt«ct'.ons Smiiuted ritA nsa k. , . r , ~ at LM west`s rsp@nss.' - F ~ 7, AutMrttai ussn rithia ets subjset Pr°P°rtY sMll bs tAOae '- ' ': ilorad tw s t-1 sons distrtct eaeept tM eatstint brtldtni 3a tM 1, _ i , errrMtiy a r of tM trait sMlt M 1ldtad to raee dieted Iw tM l-c. { , . - ~' Y - wKMnt neste fswe dlstriet. - ' ~ ~'~~" .. - ~. • r', i~, " ' .. ~. 1 F I ^ :~ ~~ ~. J ±{^, 7 N,~> ~ t' .. ~':i'.:._ . ..t ~ zsss isi f. Ail landscaping shall con:ais ^ corbim[ton of tro or note H the lellwfng: g»ss, ftorers, xhwbbep, dnc idonus and coniferous [tees. Ir additive, any coil^stion of bark, roct er omaarntal objactt nay be axed, in L ap wear oI such ^ros of uae sha)I rot Laced Canty (70) percent of tM mat 4udscapd area. All INenrat greenery sMll M rinedned Ip Ilrfrg eedltlon and dl tandsupd ens shalt M rinul~ad in an orderly serer. f. TM periiag era to Wilding era ntle slab M S.Dd to 1 er at tle dare/oiler's epeior, s ^in[ses raquireexr. stall W tle parting n- ~Ireert ter tie caOfratioe of tM. various nes at rte ti.e of nor dwelop- raat. Any aipiEicare elwnge lr total parting apnea or circrlation rltbin tW partlrg •»a slatl W nvierd ad apprwd bY' tM D[mto^ of Carakty /eveIapsert, er tM -lanwing Cos~issia and City Gurcll pr;or to ti. clang.. ft. A{1 servet ieprvverents lroludfag curb, gutter and sfdewit rill W U plea er ar eseror rill k supplid bl' tM dwalopar to ateerplisl r!1 retslred Irprovesants subject ce tit apparel K tie City's pWlie farts fepstert frier to tie issuance e[ Wfid[rg pmts rithir tM deraleprat. Att streets aluttl~ tM pnperty shit has ere-halt stew paving, curt, /utter art stdawIt tM taiga of rhtei hu to N approvd by the Citys pubtie Ilattr Oaparteart prlet n eons[raetiaa. •. It. All ingress/etass shall Was stare esctpt tMt tle lag»aNeg»!s part IaMI "A" sirli eitMr M cIosN er rrd a riaias~ of trrty-Eire (tS) tlAt Rela the tenave ptepartY ISM n suet tine as current cwttactr! aIIiTDt- tiar dtf enia:iq tanawts eapfnf, aad sty Ue resegotiatd. Ig. Opt stilt ita o! cW -iaa ly tTw City of beat Ridge ad eM eraertiN eg thfs ageecrent, and tM caditfws ireiudd lerein, Wilding pe»its tilt W lasvrd b ele CYty upon request rlti regard a the pn)«e eeastrrcetar tapletd s eW /lr. OXRCUIE® this ~ day .[ lf7j. f~{1~grM~ ,W,, ry» re ills _,~ day o[ tg(MO/DD~Yttueg ~Qf/~ -"'tyiYlYiCt~L'4:. 1175, ll.l. `.C"ic-!'T~"'r~ /~ ~ .?.r< ~ ` b 1r : e»' aKn.t t .• ~ ~/' n t"f M1R CiTr Dt MIfAT RIDGR, A Wricipst Grpe»ti< ?`~: ;. ._,, y,, v _; ,, :cwt rFi7'. • ~,_ r ~,,. .. ~, ~, ~- fy ~~,7~,f' 1t'l ,_._. --liiysr ~s 3rt ri ~~ i_1 Y • • • MINllTES - 8/25/75 - Continued ~'~'(`~ -3- -~1 S "~O'~-`~ Mr. Seukovitch, engineer of 6415 W. 44 Avenue stated the drainage of the property to the west will be channeled on the property and go into the storm drain on W. 38 Ave., and the drainage from the property in questicn will be retained far short periods to drain gradually into the system. In answer to a question, Mr. Zwaqerman stated the height of the structures will he an average of the slope and is 35' in R-3 and 50' in commercial. He also stated they are restricted t^ the uses for the property that are shown on the plan. No one appeared in ^pposition. Motion by Councilman Merkl: "I move that Case WZ-74-17 at 7650 West 38 Avenue, Final Plan of a Planned Commercial/Residential Development known as Wheat Ridge Plaza be approved because it was recommended by the Planning Department and Planning Commission." Motion was seconded by Councilman Howard and passed 3-2. Cduncilmen Turner and Cavarra voted "nay." Councilman Cavarra stated she was against the proposed use because it was too intense, that 1900 -- vehicle trips /day was too excessive and it is not in conformance with the Land Use Plan. Approval of final development plan for a Planned Residential Development at 4242 Jellison St. by Ralph and Charles Deorio was scheduled for approval. Marilyn Habgood stated the Land Use Plan shows medium density residential, the general zoning, of the area is Residential-^na-A, Residential-Two and Agricultural-one and that the general land use ^f the area is single family residential. The Planning Dept. recommends approval as the final plan is in compliance with the acceptable preliminary development plan. Dave Rice, consulting engineer for the project stated there had been a question if the lines provide adequate water pressure for the fire hydrant, and he stated they had tested it and proven there was adequate pressure. No one appeared in opposition. Motion by Councilman Merkl: "I 'move the application of Charles and Ralph Decrio at 4242 ,7ellison Street, Final Development Plan for Planned Residential Development be approved as submitted." Motion was seconded by Councilman Donaldson and passed 3-2. Councilmen Turner and Cavarra voted "nay." , Rezoning request by the Planning Commission from Commercial-One to Planned Commercial Development and approval of the development plans at W. 32 Avenue and Youngfield was scheduled far Public Hearing. This is Case WZ~75-15 Dennis Zwaqerman, Director of Community Development stated the present zoning is commercial surrounded by residential. He stated the official development will have all the requirements such as ingress, egress, landscaping etc., but that all the requirements will not be met right away due tc leases with the existing tenants etc. In answer t^ a question, he stated that rezonings can be sponsored by the Planning Commission when that body desires to do so. Councilman Howard stated there had been continuous construction on the site far years and questioned why they were asking for a PCD now: He also made reference to the recent construction of the Majestic Savings and Lcan. building and a temporary bank building. Dennis Zwaqerman stated the Bcard has the right tc grant a temporary use and the previous City Attorney interpretted the code t^ allow the building permits to be issued. Conrad Gardner, attorney representing the applicant stated he felt the plan was an excellent plan. The applicant had always obtained building permits from the City "right alohg" for each building. He stated the area must be platted or become a Planned Commercial Development. He stated they consider the entire center as a unit. He staisrl landscaping cannot apply immediately, but the final plan does state' it "will ultimately apply." MINUTES - 8/25/75 -Continued -4- Councilman Turner asked if this became a PGD then nothing would remain non-conforming and Mr. Zwagerman stated that was correct. In answer t^ a question he stated that about 85% to 9D% was C-1 use. No one appeared in ^pposition. Motion by Councilman Cavarra: "I move that Wz-75-15 be approved for these reaeohs: The Planning Department and Planning Commission recommend approval. The proposed rezoning is in the best interest of the Gity and the applicant. Planned Commercial Development allows flexibility that is required far further development. Tha zohing is in compliance with the Land Use Plan." Motion was seconded 6y Councilman Donaldson and passed 4-1. Councilman Howard voted "nay." Moticn by Councilman Turner: "I would move that the site plat for a Planned Commercial Development at Applewood Village Shdpping Center be approved." Motion was seconded by Ccuncilman Donaldson and passed 4-1. Councilman Howard voted "nay." 'Motion by Councilman Turner: "I move that the Class J1 3.2 package beer license be renewed for National Tea Cc. dha Mark N tag Store et 7340 W. 44 Avenue." Motion was seconded by Ccuncilman Donaldson and passed 5-0. Ordinance No. 189 amending Ordinance No. 98 pertaining to off-street parking was introduced by Ccuncilman Donaldson and the title was read. Motion by Councilman Turner: "I move that since we just received this Ordinance that it he tabled until 9/15/75." Motion was seconded by Councilman Merkl and WA5 DEFEATED 3-2. Councilmen Donaldson , Howard and Merkl voted "nay." The Ordinance was read in its entirety in accordance with H8 1089. City Attorney Fax stated the schedule in the ordinance is part of the Qrdinance end -can be amended by another ^rdinance. Councilman Cavarra stated she was concerned about the schedule ^f 1.5 parking spaced for large multi-family complexes, and suggested that there be 2 parking spaces if it is 2 bedroom or more units. Councilmen Turner recommended that the space he required, but that it not necessarily be paved until it is needed. Mr. Zwagerman stated he felt this. would he too heavy of a requirement for large developments. Mr. Zwa erman noted that the ordinance deletes the separation between entrances curh cuts) that was originally proposed. Councilman Cavarra stated she was concerned about deleting entirely required spacing ^f curh cuts. Mike Boorman, manager of the Chamber ^f Commerce stated the majority of commercial property in Wheat Ridge could oat he utilized if there was such a requirement, and that many ^f the ^lder businesses only have 3D' setback, which give them no choice but to have a hollywood type curb. Councilman Turner suggested that there be a qualification that if the lot is smaller it doesn't preclude cuts. It was noted the ordinance takes care ^f a "Grandfather" situation in Section 2.A. and in Section 2.A.4. it allows for smaller lots. Mr. Hank Stites stated there was a bad parking problem at Ames and Benton where there are curb-cuts and oat enough roam far the cars so they must park at angles. Jim Willard of Lutheran Hospital stated the parking requirement far their medical office building for 8 spaces per position was much higher than the surrounding cities' requirements and was an increase from the present b that are required. He questioned the thinking of this requirement usagetandd parking spaces requiredeat theirahudildieg.had survey3l the • ~~~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: City Council Date Prepared: June 3, 1994 Date of Meeting: June 13, 1994 Case Manager:~eredith Reckert Case No. & Name: WZ-94-4/Wal-Mart ~ Action Requested: Approval of an amendment to a final development plan Location of Request: 3600 Youngfield Street Name/Address of Applicant(s): General Management Company 13900 E Harvard Avenue Aurora CO 80014 Name/Address of Owner(s): Same ----------------------------------------------------------------- Approximate Area: 29.9 acres Present Zoning: Planned Commercial Development Present Land Use: Retail Surrounding Zoning: N: R-1; ,~ R-2, RC-1, R-C; E: R-2, R-lA, RC-1; W• I-70 Surrounding Land Use: Ns' church, low density residential; ,~ • ~ commercial, low density residential; j ',., low density residential; i~•. I-70 Comprehensive Plan for Area: Commercial Activity Center Date Published: May 3, 1994 Date to be Posted: May 30, 1994 Date Legal Notices Sent: May 26, 1994 Agency Check List (XX) Attached ( ) Not required Related Correspondence ( ) Attached (XX) None ----------------------------------------------------------------- ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Slides Subdivision Regulations (XX) Exhibits JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. ti• ~ • City Council Sta££ Report Page 2 Case No. WZ-94-4/Wal-Mart I. REQUEST The applicant requests approval of an amendment to the Appiewood Village Shopping Center final development plan. II. SITE PLAN The purpose of the proposed amendment of the existing Wal-Mart store on the center. Wal-Mart currently has around 105,000 space plus the existing fenced garden store. The existing development plan fenced garden area, however, this are the years. is to facilitate the expansion northern portion of the shopping square feet of interior store area on the north end of the shows 6,000 square feet of s has been expanded throughout The amendment proposes a 22,219 square foot expansion to the north, a 3700 square foot enclosed garden center and 14,700 square feet of outdoor garden center. A ten-foot-high wrought iron fence will surround the garden area. The vQStibule at the front will be increased to 9,000 square feet in size and the loading dock on the east side in the alley will be enclosed. The easternmost curb cut on West 38th Avenue will be moved to the west. The brick building at the northeast corner of the site will be demolished to accommodate the expansion. With the proposed addition, the shopping center would have 27~ building coverage, 62~ parking coverage and 9$ landscaped coverage. The shopping center as a whole has adequate parking. III. NEIGHBORHOOD MEETING Meetings for neighborhood input were held on April 5, 1994 and May 31, 1994. Concerns expressed included the following: Garden center screening Aesthetics, of the Wal-Mart store - it needs to be consistent with the rest of the center Outdoor loudspeakers used in the garden center Closure of the branch. post office Drainage problems created on w 35th Avenue, Wright St area north of the center Runoff from the center into the irrigation The RTD bus terminus on the property The confusion for vehicular traffic at the intersection W 38th Avenue and. the ditch Youngfield/38th/I-70 Operational concerns regarding on-site trash Semi-trailers and shipping boxes on the property On-site vehicular circulation •. ~ _ i City Council Staff Report Page 3 Case No. WZ-94-4/Wal-Mart IV. AGENCY REFERRALS All outside agencies can serve the property. Public Works is requesting that drainage on the property be collected and conveyed to a future storm sewer placed in West 38th Avenue. They have agreed to re-stripe West 38th Avenue to accommodate a left-hand turn into the property. The free right-hand turn from Youngfield onto West 38th Avenue may be eliminated and related traffic control improvements made to the intersection. V. PLANNING COMMISSION ACTION Planning Commission this request at a public hearing held on April 21, 1994. A recommendation of Approval was made with the following findings and recommendations: 1. The property is within the City o£ Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. 2. a. Regarding the garden center, in addition to the iron fencing shown, some additional view-obsciu•ing screening should be used along the north and east sides. b. Lighting should be designed to prohibit direct glare and/or excess light bleed onto the. properties to the north and east. c. No outside loudspeakers or audio broadcast systems shall be used. 3. Regarding the building addition and exterior renovation, we recommend that staff work with Wal-Mart and the owner to try to achieve the architectural treatment, including color and use of gable facades that matches that of the_.building which extends to the south. 4. Staff should work with Wal-Mart and the owner to try to insure that the proposed freestanding sign include the Applewood Shopping Center design element used on .other signs in the Center. 5. Regarding parking lot and street access and street improvement issues:_- a. Extension of a sidewalk along West 38th Avenue to the east will be required and handicapped access shall be provided into the development from West 38th Avenue. b. The applicant prepare a traffic study to be provided to City Council that would address concerns of traffic and interior vehicular circulation problems. 6. Staff should work with the owner and Wal-Mart so that all parking ends be landscaped and that the transition of the building front drive at the south end of Wal-Mart be improved in design. City Council Staff Report -- Case No. WZ-94-4/Wal-Mart P-age 4 7. There are existing (historic) drainage problems that the shopping center has caused for the surrounding residential areas. Planning Commission recommends that the owner and the City work together in the near future to correct those drainage problems. Those facilities that would be located on private property would be the owner's financial responsibility, whereas those beyond the private property boundaries would be the City's responsibility. Timing of on-site drainage improvements should correspond to the City's project, however engineering design and..financial commitment should coincide with building permit issuance for this expansion and a Certificate of Occupancy should not be issued until such has happened. 8. Vehicular circulation coming from the south (West 32nd Avenue) is very poorly designed. Staff has sketched a possible solution that would provide more structured channelization, packet Exhibit 'A'. The shopping center owner should work with the City to make such improvements in the near future. 9. The neighbors to the north have requested a sound wall and closure of Wright Court. Council should approve funding of this project to coincide with the Wal-Mart expansion. 10. There needs to be a left turn-in land (west bound) at the easterly curb cut. The City should re-stripe WF~st 38th Avenue with this expansion. il. The City should study the possible elimination of the £ree right turn at the intersection of Youngfield and West 38th Avenue; thus increasing the corner land area for landscape improvements. According to the Public Works Department, this configuration may contribute to the confusion at this intersection. In regard to the recommendations made by Planning Commission Staff has the following comments: Item 2a. Additional screening material will be placed on the inside of the fence.' Item 2b. A note has been added prohibiting outside lighting glare to the east and north. Item 2c. A note has been added prohibiting outside loudspeakers in the garden area. Item 3. The applicant has agreed to match the entire Wal-Mart to colors but not to architectural features (i.e., gables) used throughout the center. Item 4. The freestanding sign has been redesigned to match center design elements. Item 5a. A sidewalk will be extended to the east along West 38th Item 5b. Avenue. A traffic engineering consultant has been retained and will address this issue at the Council meeting . Staff has discussed several options with the owner. He would prefer City Council Staff Report Case No. WZ-94-4/Wal-Mart Page 5 to develop the parking lot as proposed, with no midpoint drive. If the traffic patterns demand such a connection, then he would create the drive connection. Item 6. The owner doesn't. want to extend irrigation lines to the middle of the parking lot to sustain the landscaping. He indicates that if the City reconstructs the West 38th Avenue/Youngfield intersection as proposed, he will landscape the corner area. Item 7. The City has agreed to undertake a capital improvements project in West 38th Avenue to install a storm sewer to transport storm drainage to Clear Creek. The developer will install an interceptor in the alley and hook into the new line in West 38th Avenue. Item 8. The owner and staff are jointly working on a solution to this problem, however, it is unrelated to this request. Item 9, As part of the storm sewer project, the City will build a sound barrier along the north side of West 38th Avenue.' Wright Court will be closed to .northbound traffic off of West 38th Avenue. Item 10. The City will re-stripe West 38th Avenue to have an eastbound left-hand turn lane into the center. Item 11. The free right hand turn from northbound Youngfield to West 38th Avenue will be replaced with a controlled stop. VI. STAFF RECOMMENDATIONS There are three different types of issues which have been raised regarding this request. A. Those issues that directly relate to this proposed expansion which staff expects and recommends are to be accomplished by Wal-Mart and/or the owner of the shopping center; B. Recommendations that relate to the shopping center as a whole .and some off-site impacts and issues that staff expects and recommends are accomplished by the owner of the shopping center at some time in the near future; and C. Those issues and concerns which the City, through the Capital Improvement Program, should accomplish at some time in the near future. A. PLAN SPECIFIC RECOMMENDATIONS. 1. Regarding the building addition and exterior renovation, staff recommends that the architectural treatment, including color and use-of gable facades .match that of the building which extends to the south. 2. Regarding parking lot and street access and street improvement issues, it is recommended that an additional main drive be provided toward the western side. There currently is a drive going, south from the westerly curb cut. That ~~ ~ `~ City Council Staff Report Page 6 Case No. WZ-94-4/Wal-Mart drive could be curved to align with the drive behind Blockbuster, or it could remain as is. B. LARGER SHOPPING CENTER ISSUES 1. There are existing (historic) drainage problems that the shopping center-has caused for the surrounding residential areas. Staff recommends that the owner and the City work together to correct those drainage problems. Those facilities that would be located on private property would be the owner's financial responsibility, whereas those beyond the private property boundaries would be the City's responsibility. Timing of on-site drainage improvements should correspond to the City's project. 2. Vehicular circulation coming from the south (West 32nd Avenue) is very poorly designed. Staff has sketched a possible solution that would provide more structured channelization. See attached Exhibit 'A'. Staff will continue to work toward a solution with the. owner. C. CITX ISSUES 1. The neighbors to the north have requested a sound wall and closure of Wright Court. Staff will approach Council for approval and funding of this project. 2. There needs to be a left turn-in lane (west bound) at the easterly curb cut. The City will re-strip West 38th Avenue. 3. The City may eliminate the free right turn at the intersection of Youngfieid and West 38th Avenue; thus increasing the corner land area for landscape improvements. This configuration contributes to the confusion. at this intersection. 4. On-site drainage needs to be properly collected and conveyed via a-storm sewer system. Those portions of the system that are beyond the shopping center boundaries will be recommended to City Council for Capital Improvement Program. Although the details have not been worked out, a storm sewer system would be installed in West 38th Avenue running north and dumping into Clear Creek. If this concept is approved by City Council, it would most likely occur next summer. RECOMMEAII?ED MOTION: I move that Case No. WZ-94-4, a request by General Management Company for approval of an amendment to a Final. Development Plan for the Applewood Shopping Center Planned Commercial Development be approved, based upon the following findings and conditions as stated: .... City Council Staff Report Page 7 Case No. WZ-94-4/Wal-Mart Findings: 1. There is jurisdiction for the City to consider this request; 2. All agencies indicate that they can serve the proposal; and 3. All requirements of the Zoning Ordinance have been met, or will be met based upon the conditions recommended. Conditions' 1. Regarding the. building addition and exterior renovation, .the architectural treatment, including colors and use of mansard roof. and gables shall match that of the building which extends to the south. 2. Regarding the parking lot western access from West-38th Avenue, that a circulation drive be maintained through the parking lot as recommended by staff. 3. Regarding drainage, that the owner be prepared to construct or pay the City for construction of, drainage facilities within the shopping center that wiii connect to the City's storm sewer system in West 38th Avenue, when completed. 4. That staff and the owner continue to work on solving traffic circulation problems through the shopping center to West 32nd, Avenue. <pc>srwz944 7500 WEST 29TH AVENUE • P.O. BOX 638 TP~'City of WHEAT RIDGE. 0080034-0638 (303) 234.5900heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge December 5, 1994 The Wheat Ridge Department of Community Development has received a request for approval of an amendment_to a Planned Commercial Development final ' at the 'property described below. Your response to'the.following questions and any comments on this proposal would be appreciated by D Pmb.r 1, 1994• No response from you by this date will cor:stitute no objections or concerns regarding this proposal. CASE NO: WZ-94-18 LOCATION: 3600 Yourigfield REQUESTED ACTION: Amendment to the Applewood Shopping Center final development plan PURPOSE: 6167 square feet of building addition and 17,400 square feet. of new buildings APPROXIMATE AREA: n/a 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 appro al of this request? 5~a3,~clcs /,~frc- rn~~ ~ ~ ~~~-ss Please reply to: ~'~~~ kert Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual Jefferson Co. Health Dept. XX Sanitation District (NW Lakewdod/Westridge Jefferson Co. Schools XX Fire District (Wheat Riclge Jefferson Co. Commissioners Adjacent City.( ) Denver Water Board XX Public Service Co. W R Post Office XX US West Communications XX W R Police Dept. State Land Use Commission XX W R Public Works Dept. State Geological Survey W R Parks & Recreation Com. Colorado-Dept. of Transportation ~._ Colorado Div. of .Wildlife X~W R Building Div XX TCI of Colorado XX R T D C~ r„, ,. ~,e r,,;., 7500 WEST 29TH AVENUE '~ P.O. BOX 638 WHEAT RIDGE. CO 80034.0638 (303)234.5900 City Admin. Fax # 234-5924 December 5, 1994 Police Depi. Fax # 235-2949 T~City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for approval of an amendment to a Planned Commercial Development final davalc~pmPn{- plan ' at the property described below. Your response to'the following questions and any comments on this proposal would be appreciated by nP.Pmher 71, 1994• No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-18 LOCATION:- 3600 Yourigfield REQUESTED ACTION: Amendment to the Applewood Shopping Center final development plan PURPOSE: 6167 square feet of building addition and 17,400 square feet of new buildings APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve t~"rs development? YES V NO If "NO",-_please explain below. 2. Are service lines available to the development? dwnCT-s~~~t i~ctwd~~( YES~-{-~- NO 'I If "NO", please e~?~,PPlain below. i„g~~`u teM d.Kb WlC~io1't'~P.NAM.L~I~~ClA'P •ryt$ f~%Pd'ti6~~o~~~~0~ }~E p pw"'~!{ 6.e.uv1C/'r 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 rul s and regulations? YES 1~ NO . If "NO", please explain below. a 5. Are there any concerns or problems your agency has identified which N would or should affect approval of this request? Please reply to::. ~~LL~~C~.~'.,'~ //~~~ "~ M R rt k - e_c e Depar t~f Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual Jefferson Co. Health Dept. XX Sanitation District (NW Lakewdo estr.dg~ Jefferson Co. Schools XX Fire District (Wheat Ridge Jefferson Co. Commissioners -- Adjacent City ( ) Denver Water Board XX Public Service Co. W R Post Office XX US West Communications XX W R Police Dept. State Land Use Commission XX W R Public Works Dept. State Geological Survey W R Parks & Recreation Com. Colorado Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife - XX W R Building Div. XX TCI of Colorado XX R T D a.+ i;,, ,, r,d r,,,.,, 75DD WEST297H AVENUE P.O. BOX 638 WHEAT RIDGE. CO 800340638 City Admin. Fax k 2345924 December 5, 1994 C~lTY ~F W~ie=AT RE ~ ~ nn ~ Ciiy of eat Police Dept. ~'LI~NNING & DEVELOPMENT The Wheat Ridge Department of Community Development has received a request for approval of an amendment to a Planned Commercial Development final ao.,,,i,,....,,...~ ...,__ at the property described below. Your response to'the following questions and any comments on this proposal would be appreciated by necemhPr 71, 1994• No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-18 LOCATION: 3600 Yourigfield REQUESTED ACTION: Amendment to the Applewood Shopping Center final development plan PURPOSE: 6167 square feet of building addition and 17,400 square feet of new buildings APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve thjys development? YES / NO If "NO", please explain below. 2. Are servj.ce lines available to the development? YES ~ NO If "NO", please explain below. 3. Do you }ave adequate capacities to service the development? YES / NO If "NO", please explain below. 4. Can and wild. your agency service this proposed development subject to your rules and regulations? YES t/ NO I£ "NO", please explain below. 5. Are there any concerns or problems your. agency has identified which would or should affect approval of this request? .ly.~Fis~ /~'.¢PS ~R~ ,be reg~,v~ Please. rep/ly to:~ j~~~,/~ /1~~~„ ~ Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Consoii ed al XX Sanitation District.'( Lakewdod% estridge XX Fire District (Wheat idge Adjacent City XX Public Service Co. XX US West Communications XX State Land Use Commission XX State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX XX TCI of Colorado XX ~, n~. ~ ., r„~ ~,,:., Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. 12 T D 7500 WEST 29TH AVENUE • P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (3031234-5900 City Admin. Fax # 234-5924 December 5, 1994 Police Dept. Fax ~ 235-2949 r~City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for _s3pprO~7al of an amendment t'o a Planned Commercial Development final da~~Pl ngmPn plan ' at the property described below. Your response to'the following questions and any ,comments on this proposal would be appreciated by D Pmhe?r 1, 1994•- No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-18 LOCATION: 3600 Yourigfield REQUESTED ACTION: Amendment to the Applewood Shopping Center final development plan PURPOSE: 6167 square feet of building addition and 17,400 square feet of new buildings APPROXIMATE AREA: n/a 1. Are publ}'c facilities or services provided by your agency adequate to serve tkiis 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 ave 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 ru.Yes and regulations? YES a/ 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 :; ;'~LLZc'~(J .,~~vtY1 M ReCkert Depar~f Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual Jefferson Co. Health Dept. XX Sanitation District (NW Lakewdod/Westri dge Jefferson Co. Schools XX Fire District (Wheat Ridge Jefferson Co. Commissioners Adjacent City ( ) Denver Water Board XX Public Service Co. W R e XX US West Communications ~X - R Police De State Land Use Commission xX W ublic Works Dept. State Geological Survey W R Parks & Recreation Com. Colorado Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife XX W R Building Div. XX TCI of Colorado XX R T D iSQOWES729THAVENUE P.O. BOX 638 Tr~City of WHEAT RIDGE. C080034-0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge December 5, 1994 The Wheat Ridge Department of Community Development has received a request for approval of an amendment to a Planned Commercial Development final APV PICnm n glan -- at the property described below. Your response to'the following questions and any comments on this proposal would be_appreciated by nP tuber 1 1994• No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-18 LOCATION: 3600 Youngfield REQUESTED ACTION: Amendment to the Applewood Shopping Center final development plan PURPOSE: 6167 square feet of building addition and 17,400 square feet of new buildings APPROXIMATE AREA: n/a 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 :. ~.~~{.~~r' ~~ .vt:0 M Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Consoliddted Mutual XX Sanitation District (NW Lakewdod/Westridge XX Fire District (Wheat Ridge Adjacent City XX Public Service Co. XX US West Communications XX State Land Use Commission XX State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX XX TCI of Colorado XX co n~~~„o-,r r•,.,.,. Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. R T D Regional Transportati~istrict 1600 Blake Street Denver, Colorado 80202-1399 _ ~ D 303/628-9000 December 19, 1994 M. Reckert City of Wheat Ridge Department of Planning and Development P.O. Box 638 Wheat Ridge, CO 80034-0638 Case No. WZ-941$ Dear Ms. Reckert: CITY OF WHEAT RIDGE D ~2nn nr~ ~lEta2 . l5'`:l4 t~i~lJ.,t~- PLANN9NG & DfUELiIPMEN3' The Regional Transportation District (RTD) has reviewed the plans for the proposed redevelopment of parts of the Applewood Village Shopping Center and has the following comments: The site of the proposed Good Times restaurant is the current location of an RTD transfer facility. Five local and Ltd. weekday routes (28, 32, 38, 38 Ltd., and 125) share this site, a sixth route (44) comes to this stop on weekends. The construction of this restaurant will mean the termination of the transfer activity at this location, with the possible loss of service to bus patrons. 2. RTD is investigating alternative sites for this transfer activity. At this time, the two most prominent options are either a vacant paroel west of I-?0 on W., 32nd Ave., er the Ward Road park-mn-RIde. Neither site will provide the same level of service to bus patrons currently boarding or transfering at'the Applewood Village site. A new bus stop will be needed on W. 38th. The best location for this stop would be east of the entry closest to WalMart. RTD requests that the City,as a condition of its approval of this PUD Amendment, require the developer to install a concrete bus pad in W. 38th Ave. This bus pad will considerably increase the life of the pavement in the vicinity of the bus stop and will provide closer walk access between the bus stop and the stores in the shopping center. This bus pad should be constructed to RTD specifications. The developer should contact Mr. Bill Hoople at 299-6472 to identify the location and receive the specifications for the bus pad. R~' An Equal Opportunity/Affirmative Action Employer ~ ' M. Reckert December 12, 1994 Page 2 Thank you for this opportunity to review the proposed development plans and provide these comments. Please feel free to contact me at 299-2408 if you have any questions. Sincerely, David C. Shelley, AICP Sr. Transit Planner cc: Mr. Mark Thomsen, Lead Service Planner/Scheduler Mr. Bill Hoople, Special Projects Coordinator file: Wheat Ridge DCS:ds c: \shelleylw_rdev. Ltr • December 12, 1994 -CITY OF WHEAT RIQG£ r?- (~ (~I1 {j ',' ®EC 1 ~ 1J9~ U ~~~ PANNING & DEVELOP~Ett~ Ms. Meredith Reckert Department of Planning and Development, City of Wheat Ridge. 7500 West 29th Avenue Wheat Ridge, Colorado 80215 _. _._-- tie: t:ity c= i7heat midge. 4ase iuumber W7,-9a-io 360 Youngfield Street, proposed Amendment to. the Applewood Shopping Center Final Development-Plan Dear Ms. Reckert: - This will acknowledge receipt of your correspondence dated December 5, 1994 regarding the above referenced property. Please be adxsed..that the above referenced property is'n an area served,by-The. Consolidated Mutual_Water~Gompany by`wirtue,of ~a Distributor's. Contract with the Denver Water Board. Domestic watex _s,ervice..~may be. provided to._ this property subject, to compliance. with the Company's rules, regulations and requirements for, such service as well as-.the. water tap allocation policies. as established. by the Denver Water Board. - The Company's rules, regulations and requirements further require that each ,separate. structure be served. by a separate tap and meter,- and in order to ,receive domestic water service, the property must also front t C^moen1 ~:ain Tf the future ..planned use. of this property is within any of the above categories, the owner,_ engineer or. architect should contact this office. as- soon as possible so that we.-may determine what water.-system ,improvements will be needed to serve this property. Fire protection requirements should be ,obtained from -- the Wheat Ridge Fire Protection District-and those require- ments forwarded to. this off ice._by the fire.dist~ict at the earliest possible .time, We~can then determine. if additional system,improvemerits would,be_required to meet'wthe,:demands;;-set< _ forth by ,the Fire :District. _, ,, ,- -_ - _'- THE CONSOLIDATED bIUTUAL WATER COMPANY .. , , ~ ~- 1??00 ~W'esc ?'th Avenue Y.O. Box 1i0~6ft ,~• Lakewcxx3, Colorado 80?fi ' Telephone ?38-0451 Fax ~23T-5560 7` y _ ' r~ a s Ms. Meredith Reckert City of Wheat Ridge December-12, 1994 Page 2 • If you-have any questions or comments regarding this correspondence, please contact this office.- ' Sincerely, ~~'', chael E. .Queen Water u~s%rbu~ionr;anager MEQ:jl cc: General Management Company, Applicant Dave Roberts, Wheat Ridge Fire Protection District Walter Welton, PLS/PE, CMWCo President John Allen, CMWCo Engineer DJ~~flT ~IDG~ ~II~~ ~~O1~CTIOf1 DISII~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: December 14, 1994 To: Meredith Rechert, Department of Planning & Development, City of Wheat Ridge. From Dave Roberts, Fire Marshal, Wheat Ridge Fire Protection District. Subject:. Case No.: WZ-94-18 Location: 3600 Youngfield. Requested Action: Amendment to the Applewood Shopping Center final development plan. Purpose: 6167 square feet of building addition and 17,400 square feet of new buildings. Dear Meredith: After a review of the submitted plans for this location, I am requesting the following items be addressed by the developer regarding our concerns: 1. The current design of the parking areas to the east side of the Apple Jack Liquors building (3320,3325,3510) do not allow an adequate turn radius to access the current fire department connection installation for the sprinkler system installed in the existing building. Access to current building addressed as 3230, 3250 is inadequate due to design and reconfiguration. Turn radius access to the new proposed building is inadequate by design. 2. The current design will require installation of fire protection sprinklers for the new proposed building and a redesign of the existing fire sprinkler system in the current Miller Stockman building for the proposed 3,447 square foot addition on the west side of the building. 3. The Walmart Green house addition will require extension of the newly installed fire sprinkler system and water supply to the Walmart building is and will continue to be an issue that will have to be resolved by the developer, Walmart, and the Water District in order to meet fire flow requirements for the sprinkler system. 4. Fire hydrar!+:~ ~,~i.11. nec~~ tc: 1~:« .i.nstalled thrr,Lg;t opt, the development i.n order. tr; n3:r,v.;_-sr~ adegtaare fire protection to the shoppi - *~ s~stem will have to be installed ~... ~ . _ _ , _ __. _..u ! . :: ents for the extende 5. The Wheat Ridge Fire District reserves to right to comment and act on any changes, alterations, additions, or deletions unforeseen and or not mentioned at this time regarding this project . The developer can contact the Fire Marshal Office at 424-7323 regarding the afore mentioned issues. I will be happy to meet with them at their request. R~tfully, Dave Rober~ Fire Marshal Wheat Ridge Fire Protection District cc:file LJ Public Service° December 18, 1994 City of Wheat Ridge 7500 West 29th Ave. P. O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-4114 Public Service Company acknowledges receipt of the preliminazy plot plan of 3600 Youngfield *`x'? °a-t8 - PROJECT TITLE We have examined the proposed plot plan of the above-captioned project and suggest that defining easements for electric and gas service should be delayed at this time. Easements cannot be adequately delineated at this time due to the uncertainty of the service needs and locations to allow for the most desirable and economic system design. Easements shall be granted to Public Service Company when service locations are made known for the construction, operation, maintenance, and replacements of their facilities as may be necessary to provide service within this subdivision or property contiguous thereto, through, over, across, and under streets, utility easements, and other public places or common azeas. Approval of electric and/or gas service to this property is subject to Public Service Company of Colorado rules, regulations and taziffs on file and in effect with the State Public Utilities Commission, State of Colorado. If you have any questions regazding the above subject matter, please contact me at 571-3735. Teresa Wilson Right of Way Processor 7500 WEST 29TH AVENUE P.O.BOX 638 The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 R Z TL ea+ City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 . ~. -1\ldge January 4, 1995 Dear Area Resident: An application has been submitted to the City of Wheat Ridge for approval of an amendment to the Applewood Village Shopping Center development plan at West 38th Avenue and Youngfield. The proposed amendment includes the following requests by the developer:- 1. A 2700 square foot greenhouse addition to the Wal-Mart Store; 2. Construction of a 900 square foot fast food restaurant at the RTD.transfer location; 3. A 3400 Square foot addition to the Miller Stockman building; 4. Demolition of the building south of King Soopers (Silver State Cleaners building) and construction of a 16,500 square foot retail building; and 5. Reconstruction of parking area on the south end. To solicit input regarding the proposal from the surrounding neighborhoods, the City has scheduled a neighborhood meeting on Thursday, January 12, 1995 at 7:00 p.m. The meeting will be held at Ridgeview Baptist Church, located at 3810 Youngfield.Street. Representatives from the Planning and Development Department and the Public Works Department will attend the meeting to effectively respond to any questions you might have. Representatives from the Applewood Shopping Center will also be in attendance. Plans of the proposed changes will be available for review at the meeting. The plans are also .available for_review at the Planning and Development Department on the second floor of City Hall, 7500 West 29th Avenue. If you have any questions about the meeting or the proposed expansion, do not hesitate to contact me at 235-2848. Sincerely, Meredith Reckert Planner MR:slw Gi Rei er fed Pnprr -_~ -- _ u _. _- ` ~~~~- ~ ~._ /rte"' l - ~~~,~`.~~~s /~v02c'~_5' -ti~ -- - it ~ ~ ~/ i __ . !.~~?R-~"Z7 s'~-__ _. .. _ .. 3~ `~`I _ ~l i ~ll/~-,mot, . `d-~~ l~~"`r?- ~ ~ S J~ L~G2i~ of s ~ 1 ~;!..,~ ~- rye-~`~ _ ~~?~o I[~~.~1~~ S'l-~ - PIJ -~ SRNTAtJ~E~,o -- ?~$U~ ~,{1~ZI~L~ 7 CZ,.. __.. . _ __ ~~T ~ t-u2 N k1~ 3~ sZ _wGZ ~~ ~T .gi __, L _ ~~ _ ~t ~ ~ ~ ~o U~ F~c~ ~cQ . L~ -- ~~~, Q.~p~.c..~Upa~Ylg - ~ / c.C/L~~ ~c~c~ 12,x" ~Rinl1~ ,~~J ~lcl~Q~CGC~` J~" / _ _ a~~- ._ ~ . n _ .___ ~ ~ ~~ ~ ~i~~y ~,- __ __.. _~ ~'rA~PNt ~ ~ c~--~~~ 3 33 a G/ '^ -, ~~ ~~ ~~. . ~~ ~_ OFFI G1,4cL ZONING MAP WH~~cT ~I DGE Go~o~,~Do MAP ADOPTED Last Revision. Decunber ]3, 1993 Dl~uzih8lf OF R.N+aNS Arm DEVB.oPrBtr - Sys-2~2 ZONE DISTRICT 80l.NDRY - PARGEL/LOT BOUNDRY IDE516NATES OWNERSHIP! r.rr.~~ ~~""""'`'~~~~ CITY LIMIT LII~ - - - -. WATER PEATlF2E • DENOTES MULTIPLE ADDRESSES 51~( 2~ a m~.oo n C•scnLEn sri .aoo ~- -`' 8460 E. Orchard Road Suite 2000 Englewood, Colorado 60111 (363) 770-5600 FAX (303) 770-2349 ~ ~ 14 \~1 ~'' i ~~ Colorado `;~ Land ~ Consultants, Inc. v v ~~' ~ January 20, 1995 v °,,~ t3` 9 ~, Meredith Rechert City of Wheat Ridge Dept. of Planning & Development) 7500 W. 29th Ave. Wheat Ridge, CO 80034 - Planning/Engineering/Land Surveying Landscape Architecture RE: Case W2-94-18 3600 Youngfield Amendment to Applewood Shopping Center Final Development Plan Dear Meredith: I am in receipt of all the referral and staff comments provided to me from your office as well as the comments from my meeting with Glen Gidley. Accompanying this letter please find a revised re-submittal of the F.D.P. The owners response to the referral and staff comments are as follows: Planning 1. The minimum landscape requirement will be maintained. 2. An RTD bus stop location can be provided east of the Wal-Mart entrance on 38th if RTD is unsuccessful with acquiring the church property for the bus stop. 3. Glen Gidley has indicated that the setback of 30.40 feet for the proposed Wal- Mart greenhouse will require a variance to the required setback of 50 feet. Please accept this letter as a formal request for this variance. 4. Staff has requested a new fence be built along the east property line adjacent to the new 10,000 SF building which is being proposed. The owner is agreeable to this request and this has been shown on the re-submittal. 5. Staff has indicated that they would like to see additional landscape islands. They have been incorporated into the revised plan. An afriliate of Civil Land Consultants, Ine. Meredith Rechert January 20, 1995 Page 2 Engineering 1. Staff has indicated that the parking lot traffic circulation must be reviewed. We have worked with Kathleen Kroger, our traffic engineer, to develop a better site circulation system which has incorporated the installation of traffic islands, restriping of the parking lot and reconfiguration of parking areas and drive isles. This plan has been incorporated into this re-submittal, and a separate traffic circulation plan has been included. 2. Jon Oss has asked that a drainage report and study be prepared for the new 10,000 SF building being proposed. The owner is agreeable to this, however, has asked Jon that this be required at the time of building permit and Jon has indicated that that would be acceptable. 3. The suggested Rightin-Rightout on Youngfield next to the new fast food restaurant is inappropriate based upon the revised site circulation plan. 4. All existing easements that are in conflict with proposed new development will be vacated and relocated prior to time of building permit. Wheat Ridge Fire Protection District 1. The parking lot design has been revised to its original configuration in the area of Applejack Liquors and per conversations with Dave Roberts, circulation and access should be adequate. 2. The owner will meet all necessary fire codes as they relate to this building. ~, 3. The owner will continue to work with this issue if the greenhouse addition is ~ approved. 4. The owners will work with Wheat Ridge Fire District on this issue, understanding that a resolution will need to be resolved prior to issuance of building permits. General All other service agency comments have been reviewed by the owner who feels comfortable that they can be accommodated. Meredith Rechert January 20, 1995 Page 3 After you have had a chance to review this re-submittal, please call me should you have any questions. Sincerely, COLORADO LAND CONSULTANTS, INC. ~;,rtit"~~/~ Steven E. Wilson President SEW:cst cc: Gerry Biehl SENT BY:RTD DENVER ~ 2- 2-95 ; 9:90 ; RTD ., ~ Regional Transportation Dlstriot TELECpPIER TRANSMITTAL r T0: ine~ ~~ ~~~~~ FIRM: 4i~~~ ~ FAX ~: ~3~..r~y-q~.~-- --- FROM: ,-, ,~/ /' ~ ~~~~ • n.~n ~enTinen ~rnr. P7']1 /J/I hlrl, j'Vl ~D ..- ,4~lvr~. II CONTRACT is i ~ We are sending ~ pages (including cover memo}, regarding this transmitta3. please ca3] _~E'Y ,_ I ~~1-i~33"j ----- pur te]ecopier is a Xerox 702D. Dur telecopier nut ~ I ------ ADDITIONAL INFORMATION: s ~t~' s~euld ~ ~d • ~~s -~ - as~cs-i~a~z a~ . I ~ -~21 i M Equal OpportunttylAiBrmetlve Action Employer (3031 234-5924 ;t31 D t00D ®hka BVee1 Omvu ColarOtltl 90P02-1399 903lt1268tgo - If you fiage uestfons at 303 r is (303J 299-2217. n~ ~~ ~ r i SENT BY~RTD DENVER ~ 2- 2-95 ~ 531 ~ RTD D~R~(303) 234-5324 ;sg 2 ~ t i f I~U~LIC N~EETING I~'~II V ~r Z 3 P,rop~ sed May Serv/ce Change Wedn day, February 1,1995 Wheat Rtdge High SOhoal 7:0o p. .-9:00 p.m. Ne e ~~~ ~~ ~o ~h i~•.~ i~ rn e+r ~-„' ~ •l -~~ --- . eolr. ~- ~ ~. ~- ~ r- ~ ~} ::~la.~. ~ ~ ~ ~ ~ • ,,,~ ~ /. t ~ ~i ~ ~ ~. ~S PIIEASE PRINT 3?s ~ ~~~~~ • cp33 Wheat"R~ Vie. ~• b Lt355 ,~erd 9 ., ., JJ l3~~~- ~- ~~~~ ~ii y ~~ ~~ a5 .~.~- ~` (uo1~1.(i SENT BY~RTD DENUER :2- 2-85 ; 9%31 ; PU~LIC MEETING ~:oa N~ .~ l3•~ ~~:.~ 'May Service Changes February1,1995 High 5chcol o ~.~-. RTD DE~R-~(303) 234-5924 ~~;;5 3 I~'~JI PLEASE PRINT Address ., ..~.. .r_.~ ~.. _. - ...... .. . . ~~ i January 31, 1995 SUMMARY OF SERVICE CHANGES FOR THE MAY 1995 RUNBOARD Route Description of Chanae OLtd LRT interface will be closely monitored and adjusted as necessary. 3 Trip times will be adjusted between 4:00 PM and 5:30 PM to create a more even Westbound frequency of service. From Alameda and Broadway Westbound, service will be at approximately 15 minute intervals. 5 This route will be merged with the Route 52 to provide direct service to Denver General Hospital from Northwest Denver. LRT interface will__he- closely monitored and adjusted as necessary. 6 Trip time adjustments may be made for on-time performance and load requirements. __,. \ 8 Northbound trips currently operate on Stout Street between 15th Street and Broadway-- These trips may be changed to operate on Welton or Curtis instead of on Stout. An analysis is currently underway. 10 Trip time adjustments will be made. There will be a minor route change at Del Mar Circle. A route extension to the new Elitch Gardens will be added. 12X Schedule and terminal adjustments will be made. 20 The turnaround at Denver West Marriott will be relocated one-quarter mile farther west on Denver West Parkway [in front of .. National Renewal Energy Laboratory (NREL)] and minor schedule-adjustments made. 21 LRT interface will be closely monitored and adjusted as necessary. Trip time adjustments for schedule adherence will be made. 24X LRT interface will be closely monitored and adjusted as necessary. 1 ~ fi -;~ 28 If the -Applewood .Transfer Facility is no longer available, a new terminal (or terminals) will be located and new schedules will be developed for this route.- Negotiations continue with the property owner to renew the lease, which expires April 30, 1995. Trip time adjustments may be made to evening schedules whether or not the terminal is relocated based on a review underway. 32 If the .Applewood Transfer Facility is no longer available, a new terminal (or terminals) will be located and new schedules will be developed for this route. Negotiations continue with the. property owner to renew the lease, which expires April 30, 1995. _.. 38/38Ltd If the _~pplewood Transfer Facility is no longer available, a new terminal (or terminals) will be located and new schedules will be developed for this route. Negotiations-continue with the property owner to renew the lease, which expires April 30, 1995. Trip time adjustments may be made to evening schedules whether or not the terminal is relocated based on a review underway. 40 Trip time adjustments may be made for schedule adherence. School tripper will be discontinued for the summer. 43 LRT interface will be closely monitored and adjusted as necessary. 44 If the Applewood Transfer Facility is no longer _ available, a new terminal (or-terminals) will be located and new schedules will be developed for this route. Negotiations continue with the property owner to renew the lease, which expires April 30, 1995. Trip time adjustments may be made whether or not the terminal is relocated based on a review underway. 48 Northbound trips currently operate on Stout Street between 15th Street and Broadway. These trips may be changed to operate on Welton or Curtis instead of o_n Stout. An analysis is currently underway. 51 Running time and trip time adjustments will be made. 52 This route will be merged with the Route 5. .Major connections will be reviewed and adjusted where necessary. 66 School tripper will be discontinued for the summer. 76 Running time and trip time adjustments will be made. Also, the current 5:39 PM southbound trip will.-be enhanced to also serve Midway. 2 120X Schedule adjustments resulting from opening of Phase II, Downtown Express/HOV may be implemented. ~- 125 If the- Applewood Transfer Facility is no longer available, a new terminal (or terminals) will be located and new schedules will-be .developed for this route. Negotiations continue with the property owner to renew the lease, which expires April 30, 1995. 169 Will be extended to Shalom Park on Bellevue, near Parker Road. Service will be hourly, between 6::00 AM and 10:30 PM. 225Ltd Peak hour service will be expanded to every 30 minutes providing that the Crossroads lease is renegotiated to a zero cost. AB Will be monitored and adjusted as necessary. AF LRT interface-and service will be closely monitored and adjusted as necessary. AS Will be monitored and adjusted as necessary. AT Will be monitored and adjusted as necessary. B Possible schedule adjustments and service reductions during the summer due to a reduced level of patronage. C Ridership development on the trips which stop at Cold Spring pnR will be monitored closely and adjustments made as necessary. CCT Cultural Connection Trolley - This seasonally (May- October) operated route may be discontinued unless some private or public sector partnerships are obtained. Another possibility is to restructure the route to connect downtown hotels with Larimer Square, Lobo, Elitch Gardens and Coors Field. Letters are being sent to interested parties seeking private and public sector partnerships. A meeting is scheduled for February 13, 1995, to discuss the viability of resuming or revising the CCT and also the possibility of an extension or separate route serving Lobo, Elitch Gardens, etc. LRT Running time and trip time adjustments may be made. P LRT interface will be closely monitored and schedules may be adjusted as necessary. 3 Golden The.City of Golden has proposed to RTD that a shuttle service be established which would operate solely within City limits. RTD is considering this proposal on a cost- sharing basis pursuant to Board policy. We are in discussions with the City about ways in which Local service in Golden could be_enhanced. If a shuttle is established on an experimental basis, it could begin operating as early as April 1995. Rockies A new RockiesRide, designed to serve the Rockies' new location at Coors Field, has been developed. A map of this service is attached. Y-May955.Chg 4 oP~~otil; A -_ - .1 •, ii:'ia SRL 1+ ' .... ~u-56~ 5 ,Z 'SS L M„L L S.ON) 8.~1 - --- _ _ ---_- --- ~ Sl M,8 S.ON '~~ . _ ZZ ~~ ^ UJ~ ~ OD ~ c0 : '~" __ c0 c0 ~: e ~~ ~ ~~~ ;` . ~ / aniaa ~- o• ST .~i-~ ~ ~~ ~~ ~ _. ~„ ~ OPfjoN; ~~ I s.oN) 9 d0 £ 133HS ' S.ON •8. '1IV13a 33S ~\ Sl ~~ - 1 anlaa ~,., Nouvoolaa NOIS NOl/.d 8 \- ~. - ~ laVYV-lb } l ,ea LL ~ LZ ~ ~ ~ g LZ . L~y ~ 8~ / n } -' aw~r• - ~~ ~ ti 1 4 ~ --- zf o '` Y ~ml V' •O ~ ~ ~~1' ~r ~. 4 .~r T ti ~ ~ _ 1 a n v ~, r O m 0 m K L T 1. ~~ .,.,- _'=-`l~I J/ I~}-7d-~ e';:~~+v+i,~~?~ W G m 6~ O ~. - a ~,, -- ,~y ~ E . '. i ~ + . O ~;~ .~ ~.. Z y \~~ r .~ ~Y- '~ ~ -' ., x~ o ,:., .. :: ' 8 jt ;~ A_MAT_-- r riO~SCN 11 ~- DRIVE THRU ~- RELOCATION - ' - 7 LS ' SEE DETAIL •B• NO51;8'w 1 SHEET 3 OF g (NO 51 17"w i i o p n from Boulder Transit Center -Flatiron p-n-R BR Ta61e Mesa p-n-R Superior p-n-R Broomfield = park-n-Ride esR a m 3 GN ~~ Westminster Center J~ park-n-Ride 56Yh Ave. Boyd's Crossing ssR park-n-Rid tao m Colfax Ave. - ()~ 6 4th Ave. RockiesRide~i 995 Season All Home Games (Effective Apri/ 1995) from Longmont LR Wagon Road park-n-Ride ~ r 120th Ave. m 20R ~G vi Lakeside Mall :l~ Cold Spring ~ sR Park-n-Ride m e ~ Avooa ~ ~ Jefferson Ave. park-n-Ride 36R m ~ J% m Direct routes to CaorsfuCd limited stops, special fare. Q ~~~ Broadway Shuttle, all stops Extra buses on regular routes a t~ -23rd Street Coors ~zeCd -70th Ave. 3 9 B m Fitzsimons park-n-Ride tsL ~6 Cofax Ave. N N Alametla a S ~ Nine Mile O landmark with convenient local bus connections, no park-n-Ride lot. BusrRoute Number ~r RTD park-n-Ride facility. .y \~7- Mall tsL O =COOTS ~lECll nsv. inavs lass as MEMORANDUM Approved Date TO: Meredith Reckert, Planner FROM: Steve Nguyen, Civil Engineer ~~~ DATE: February 10, 1995 SUBJECT: Traffic Circulation plan for Applewood Shopping Center 38th Avenue & Youngfield Street Public Works Department has reviewed the above plan and would like to offer the following comments: 1. To be consistent with previous requirements established by this Department, the access on 38th Avenue just north of the proposed Good Times Hamburger should be egress only. The access on Youngfield Street west of the Good Times should be right-in-right-out only. The Department will re-evaluate when there is a defmite plan for RTD bus circulation within this area. 2. A larger radius should be constructed at the southwest corner of the intersection of 38th Avenue and the entrance to the back of Walmart (northeast corner of Walmart) to accommodate.delivery trucks. The height of retaining walls constructed at this corner should be in conformance with the City Code. 3. The existing backout parking adjacent to the entrance on 32nd Avenue should be redesigned since it is too close the entrance. Please see the marked up plan for detail. 4. We have sketched up some suggestions on pazking layout, signs and pavement mazking for intersections. Please see the mazked up plan set for details. Please see me if you have any questions regarding this memo. ~ - cc: John Oss, Sr. Project Engineer Greg Knudson, Development Review Engineer ,~ MEMORANDUM ~. Approved Date _ TO: Meredith Reckert, Planner FROM: Steve Nguyen, Civil Engineer~~- DATE: Mazch 7, 1995 SUBJECT: Traffic Circulation Plan for the Applewood Shopping Center, 38th Avenue & Youngfield Street This memo serves as a follow up to the memo dated February 10, 1995, referencing the above subject. Per your request, the Public Works Department has reconsidered the requirement of the access type on 38th Avenue just north of the proposed Good Times Hamburger from an egress only to a right-in-right- out only access. The Public Works Department requires that this access be built with lazge radii with an island to strictly enforce the right-in-right-out turning movement. Please see me if you have any questions regarding this memo. cc: John Oss, Sr. Project Engineer Greg Knudson, Development Review Engineer . - ~ ~ NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on March 16, 1995 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 petition shall be heard: 1. Case No. WZ-95-3: An application by Colorado Land Consultants for General Management Company for an amendment to the Planned Commercial Development final development plan for Applewood Shopping Center located at 360.0 Youngfield Street. Said property is legally described as follows: PARCEL 1 A PORTION OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 654.32 FEET NORTH OF THE SOUTH .LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, AND 60.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 667.82 FEET TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, THEN N. 89°28.1' E ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET, THENCE N 00°51.8' WEST PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 200.00 FEET; THENCE S 89°28.1' W PARALLEL TO THE SOUTH LINE OF THS NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST , ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 135.19 FEET TO A _ POINT OF CURVATURE; THENCE ON A CURVE TO THE RIGHT WHOSE RADIUS IS 182.00 FEET AND WHOSE CHORD BEARS N 37°51.1' E, A DISTANCE OF 227.66 FEET TO A POINT OF TANGENCY; THENCE N 76°34.0' E ALONG THE SOUTHERLY LINE OF WEST 38TH AVENUE, A DISTANCE OF 701.69 FEET TO THE NORTHWEST CORNER OF RIDGEVIEW ACRES THIRD FILING, A PLATTED SUBDIVISION IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY COLORADO; THENCE S 00°43.5' E ALONG THE WEST LINE OF SAID RIDGEVIEW ACRES THIRD FILING, A DISTANCE OF 670.33 FEET TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°28.1' W ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 0.67 FEET TO A POINT WHICH IS 885.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 00°51..8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 1162.99 FEET TO A POINT 160.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 192.34 ~. ~ ~ ,. .. .~ FEET; THENCE S00°51.8'.E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 130.00 FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 342.66 FEET TO A POINT 350.OO,FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONS-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 600.00'FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF TAE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 24.:32 FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29, A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA 29.969 ACRES MORE OR LESS. San3ra Wiggins, S~~tary ATTEST: Wanda Sang, City Clerk To be Published: March 1, 1995 Jefferson Sentinel C:\F7P60\pc\pcwz953.phn ~f NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on April 24, 1995 at 7:00 p.m. at 7500 Wept 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: 1. .Case No. WZ-95-3: `An application by Colorado Land- Consultants for General Management Company for an amendment to the Planned Commercial Development final development plan with variances for Applewood Shopping Center located at 3600 Youngfield Street. Said property is legally described as follows: PARCEL 1 A PORTION OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 654.32 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, AND 60.00 FEET EAST OF-THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER:OF SAID SECTION 29j THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 667..82 FEET TO THE SOUTH .LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, THEN N 89°28.1' E ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET, THENCE N 00°51.8' WEST PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 200.00 FEET; THENCE S 89.0287' W PARALLEL TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID -SECTION 29, A DISTANCE OF 135.19 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE RIGHT WHOSE RADIUS IS 182.00 FEET AND WHOSE CHORD BEARS N 37°51.1' E, A DISTANCE OF 227.66 FEET TO A POINT OF TANGENCY; THENCE N 76°34...0.' E ALONG THE SOUTHERLY LINE OF WEST 38TH AVENUE, A DISTANCE OF 701.69 FEET TO THE NORTHWEST CORNER OF RIDGEVIEW ACRES THIRD FILING, A PLATTED SUBDIVISION IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY COLORADO; THENCE S 00°43.5' E ALONG THE WEST LINE OF SAID RIDGEVIEW ACRES THIRD FILING, A DISTANCE OF 670.33 FEET T_O THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°28.1' W ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29,~A DISTANCE OF 0.67 FEET TO A POINT WHICH IS 885.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 00°51.8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 1162.99 FEET TO A POINT 160.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 192.34 FEET; THENCE S00°51.8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 130.00 FEET; THENCE 5.89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF .SAID SECTION 29, A DISTANCE OF 342.66 FEET TO A POINT 350.00 FEET EAST OF THE WEST LINE OF THE EAST ONE--HALF_OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 600.00 FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150_.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-.HALF OF,.THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 24_.32 FEET; THENCE S.89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29, A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF-__ BEGINNING, CONTAINING AN AREA 29.969 ACRES MORE OR LESS. 2. Case No. WZ-95-5: An application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 102.41 West 38th Avenue and 3975 Miller Court. Said property is legally described as follows: A part of the south 1/2 of the SE1/4 .of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south line of said SE1/4 hence the SE corner of-said Section 21 lies N 89°12'43" E 781.62 feet; Thence. along said south line S 89°12'43" W 539.38 feet; Thence leaving said south line N 00°11'48" W 569.42 feet; Thence S 89°24'00" W 249.01 feet; N 00°11'48" W 730.02 feet; Thence. N89°24'00"-E 249.01 feet; Thence N 00°11'48" W 20.00 feet to the north line of said S1/2 of the SE1/4; Thence along said north line N 89°24'00" E 661.79 feet to the east line of said SE1/4 of Section 21; Thence along said S 00°08'23" E 1169.29 feet; Thence-leaving said east line S 59°25'42" W 137.00 feet; Thence S Ol°59'59" W 80.04 feet to the Point of Beginning containing 1,039,788.59-sq. ft. (23.870 acres), more or less. This case also involves a request for approval of a final development plan for property zoned Planned Residential Development located at 10241 West 38th Avenue. Said property is legally described as follows: A part of the south 1/2 of the SE 1/4 of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described-as follows: Beginning at a point on the south line of said SEl/4 thence the SE corner Section 21 lies N 89°12'43" E 781.62 feet; Thence along said south line S 89°12'43" W 539.38 feet; Thence leaving said south line N 00°11'48" W 794.63 feet; Thence S 89°24'00" W 249.01 feet; Thence N 00°11'48" W 504.82 feet; Thence N 89°24'00" E 249.01 feet;.Thence N 00°11'48" W 20.00 feet to the north line of said south 1/2 of the SE1/4, Section 21; Thence along said north line N 89°24'00" E 661.79 feet; Thence leaving said north line S 00°08'23" E 1169.29 feet; Thence S 59°25'42" West 137.00 feet; Thence S 01°59'59" W 80.04 feet to the Point of Beginning, containing 22.583 acres, more or less. 3. Case No. WV-95-3: An application by St. Ives Realty for approval of a right-of-way vacation for an unused portion of Miller Street running between West 41st Avenue and West 39th Avenue extended. Said right-of-way is 794.63 feet long and was dedicated pursuant to deeds recorded in Book 1217 at Page 195 and 196 and a deed recorded in Book 893 at Page 216 of the Jefferson County Recorder's office. 4. Case No. CIIP-95-1: An application by the City of Wheat Ridge for approval of a conditional use permit to allow the expansion of the Wheat Ridge Municipal Building located at 7500 West 29th Avenue. Said property is legally described as follows: Lot 1, Block 3 of Barth Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Sandra Wiggins, Secret ATTEST: Wanda Sang, City Clerk To be Published: April 6, 1995 Jefferson Sentinel b:\42495.phn NICE OF POSLIC HEARINd Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on June 12, 1995 at 7:00 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 petition shall be heard: Case No. AZ-95-3: A rehearing of an application by Colorado Land Consultants for General Management Company for an amendment to the Planned' Commercial Development final development plan with a variance for Applewood Shopping Center located at 3600 Youngfield Street. The rehearing only applies to that part of the original application described as "Detail D", an addition, with a variance, to an existing building currently housing Miller Stockman. Said property is legally described as follows: PARCEL 1 A PORTION OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 654.32 FEET NORTH OF THE SOUTH LINE, OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, AND 60.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 667.82 FEET TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, THEN N 89°28.1' E ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET, THENCE N 00°51.8' WEST PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 200.00 FEET; THENCE S 89°28.1' W PARALLEL TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 135.19 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE RIGHT WHOSE RADIUS IS 182.00 FEET AND WHOSE CHORD HEARS N 37°51.1' E, A DISTANCE OF 227.66 FEET TO A POINT OF TANGENCY; THENCE N 76°34.0' E ALONG THE SOUTHERLY LINE OF WEST 38TH AVENUE, A DISTANCE OF 701.69 FEET TO THE NORTHWEST CORNER OF RIDGEVIEW ACRES THIRD FILING, A PLATTED SUBDIVISION IN THE OFFICIAL RECORDS OF JEFFERSON COVNTY COLORADO; THENCE S 00°43.5' E ALONG THE WEST LINE OF SAID RIDGEVIEW ACRES THIRD FILING, A DISTANCE OF 670.33 FEET TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°28.1' W ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 0.67 FEET TO A POINT WHICH IS 885.00 FEET EAST OF THE WEST LINE OF T'HE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 00°51.8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 1162.99 FEET TO A POINT 160.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 192.34 FEET; THENCE S00°51.8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 130.00 FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 342.66 FEET TO A POINT 35b.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 600.00 FEET; THENCE S 89°31.7' W PARALLEL TO THE . SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QVARTER OF SAID SECTION 29, A DISTANCE OF 24.32 FEET; THENCE S 89°31.9' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29, A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA 29.969 ACRES MORE OR LESS. Roses c. xi nAUCS> c ®nMnQlsrxasxoa ®TTEST: Asada Sang, City Cler ' Rocky Mountain Nees: May 28, 1995 To be Published not later than 5-29-95 I~J -500 WEST 29TH AVENUE P O. BOX 638 WHEAT RIDGU. CO80034-0638 j3031.234-5900 Gty Admin. Fax r 234-592 March 2, 1995 Police Dept. Fax ~ 235-2949 The City of _~Wheat Ridge This is to inform you that Case No. wZ-95-3 which is a request for a~nrnval of an amP rlmanfi to h P1ann d omm ~" gal nevelc~pmPnt f ~ na l rl P~rPI ~z mPni- ~l an fc~r A~~1 Pcannr~ cl; l l a~t~ Gho i ng Center for property located at 3600 Younafield Street will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on March 16. 1995 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` to ern v ron v~~r~-. Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project.- All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however,. the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of .Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning-Commissioners br Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. if you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner N ~ m` a B ys_y ° c ,~ . ~ O h O .~. m m N p 'o a wo ~~`m ~- ~ O ~ 1 p~ O N Q CC ~ .B S O W ~ N D N ¢ cO1 ^^ 6 . H U .~ ~ an d ~ _O ~~ (V U Z N ~ Q~ U , _> O N J ~ k ¢ N E .E ¢ mm C V C] r Q N n 8 F ~ g o i I $~ ~ ~ yyE ~ x rv 6 "~ `. H ~~~ f ~ boa ~ =m"s t ° to o ~ ~ 5 a ~ ! ~ t ~. tsr ym _ ~, ~ .~E~ raj~j ~ m ~ E~~ S3a Q Si ~ O W "'„ s : Asa .c x rat ~ t ' r o ~ 8 ~ As o ~ 0 a ~' y ~ [ `+~ , v II g N S L3$ ~ SAS p~.~ Psi 1 ~ LL F ° SF ° P g ~ i+i ~ ~ a a I~ p a y q y ~ I E/ E E Y 0 ~ ~ ~ ~ N ~ '9'pp p y FiR ~ 4 } ~ ,{ N d 1 1p 7? 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I ~ ~ - I o t O ' ~O v4 / I ~ p~ O ~~~o"= ~ ~ IY~ y /~ g / 3 ~~ $ ~_(~~ ` s , .. :~ p`~.~..x 6 Nt ~' y.d ~ F ~ ~ V H N N S n ew ~LL 0 ~~ w o g J s U ~ = U 5 UWJ _, ~t ' E~.~ ~ ~ ~ .~ ." C t3 ~ ~ ~~ ~~ ~`~~ ~ 'C4 ~ e} t"j ~{ W C)t Ab5 `~ z^$ Oik 1 ess ,~'.# s"~°i OLL .9hh L'C6 d llNtllfiOdWl J a' 0 w LL W U O <L a w U W 0 (h CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: March 16, 1995 CASE NO. WZ-95-3 ACTION REQIIESTED: Final development plan amendment with variances LOCATION OF REQIIEST: 3600 Youngfield Street NAME & ADDRESS OF APPLICANT: Colorado Laad Consultants for General Management Co. NAME & ADDRESS OF OWNER: General Management Company 13900 E. Harvard Avenue Aurora, CO . APPROXIMATE AREA: 29.9 acres PRESENT ZONING: Planned Commercial Development PRESENT LAND IISE: Retail SIIRROIINDING ZONING: N: R-1; S: R-2, RC 1, RC; E: R-2, R1-A, RC1; W• A-1 SIIRROIINDING LAND IISE: N: Church, low density residential; S: Commercial, low density residential; E: Low density residential; W: I-70 DATE PREPARED: March 7, 1995 CASE MANAGER: Meredith Reckert COMPREHENSIVE PLAN: Commercial Activity Center DATE PIIBLISHED: March 1, 1995 DATE POSTED: March 2, 1995 DATE LEGAL NOTICES SENT: March 2, 1995 AGENCY CHECKLIST: (XX) ATTACHED ( ) NOT REQIIIRED RELATED (XX) ATTACHED ( ) NONE ___. ENTER INTO RECORD: (XX) Comprehensive Plaa (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other JIIRISDICTION: 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 NO. WZ-95-3 I. DESCRIPTION OF REQIIEST Page 2 This is a request to amend the Final Development Plan for the Youngfield Plaza-Planned Commercial Development. The following summarizes the proposed revisions as referenced on Page 2 of the development plan set. A. Greenhouse addition to Wal-Mart: (Detail A) This is a proposed 2720 square foot greenhouse that would be added to the north end of Wal-Mart, with a 30 foot setback from W. 38th Avenue. The applicant has provided no architectural details of this proposed greenhouse, nor have they submitted information regarding exhaust units that will be incorporated. Staff is concerned that this .area is becoming very congested with activity and the reduced building setback will negatively affect residential uses to the north. Additionally, exhaust fans normally associated with greenhouses are generally noisy and may impact residents both east and north of this area. Based upon these concerns, staff recommends DENIAL of the greenhouse addition. B. Drive-in Restaurant: (Detail B) A "Good Times" restaurant is proposed to replace the RTD Terminal facility. This is submitted as an "OPTION" as final negotiations with RTD have not been completed_ Lf RTD is not allowed to remain in this area, then the restaurant plan, if approved, would be in place and ready for development. The plan shown on "Detail B" meets general setback, parking and circulation requirements, and therefore is acceptable, except staff suggests that the north 4 parking spaces near the right-in/right-out W. 38th access be eliminated so as to alleviate traffic conflicts. The proposed tenant, "Good Times", has submitted an alternative design which I have included in the staff report. as "Detail B-1". In this alternative, they have shifted the building west, reducing the building setback to 40 feet and reducing landscaping from 40 feet to 30 feet. The reduced setback requires a variance (see Section III of this report). Staff opposes this alternative plan B-1 .because of the PI+ANNI2dG COMMISSION STAFF REPORT CASE DTU. WZ-95-3 Page 3 reduced landscaping and because the reduced setback is not justified. C_ New Retail Building• (Detail C) This 10,000 square foot building would replace two smaller buildings (a 3976 square foot total-). It has been indicated that this would probably be a single use retail building, although it could be internally subdivided. This building, together with its associated parking, displaces a substantial amount of landscaping, which is being replaced throughout the shopping center, such as at the northwest corner (Youngfield & W. 38th Avenue) and within the parking lot and major entry-ways. Overall landscape coverage will actually increase throughout the center from 8o to over,l0o, and it .will be placed so as to break'-up'the" ""' large areas of paved parking creating a more pleasing environment. The proposed building encroaches into a large Denver Water easement at its northeast corner, which will need to be approved by Denver Water, otherwise the encroachment needs to be modified. The proposed building will be one story and of similar architectural style as predominates the center. New parking has been added to the north and east of the proposed building, with a landscaped and fenced buffer to the east adjacent to the residents to the east. Generally, parking layout and drive circulation is substantially improved in this area if built as per the proposed plan. Overall, numbers of parking spaces throughout the center has been increased by 46. This exceeds the minimum parking required by 100 spaces center-wide. Even with the increased square footage proposed, parking ratios have been improved through a more efficient and more safe parking layout. Public Works/Engineering would, however, like to see the back-out parking spaces near the IN-DRIVE from W. 32nd Avenue re-worked to eliminate the back-out movement. Staff supports the proposed improvements shown in "Detail C" except we would like to see the back-out parking at the "IN-DRIVE" re-worked. D. Buildin Addition- Detail D This would be a 3447 square foot addition to an existing 15,159 square foot building. This is a retail PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 4 expansion that would encroach into an existing drive aisle and displace parking/dumpster area with landscaping. Although we would encourage displacement, or at least proper screening of the dumpsters (as is already required by law), we cannot support this addition as the setback requirement from Youngfield,is 50 feet, where the proposed setback is 30 feet, and there is no justification to support a variance (see Section III of staff report). There are other revisions being made to the main entry- way and parking layout in this area, as well as increased landscaping, that we do support regardless of the building addition. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on January 12, 1995. Concerns expressed included the following: - The replacement of the RTD terminus location with a fast food restaurant. Would RTD be willing to lease or buy the pad? Alternate locations for turn-around. - The question of whether ESTIP funds were used on the buildings being demolished. Is the ESTIP contract being renegotiated ? - On-site vehicular circulation - Parking is not adequate. The amendment will only exacerbate the problem. - Problems with procedures. 'City' doesn't follow it's own rules. - Publication versus ordinance for approval of final development plans. - Wal-Mart greenhouse expansion which needs a variance. - Potential relocation of branch post office demolished for Wal-Mart expansion. - 38th Avenue improvements - No "24-hour" businesses should be allowed. PLANNING COt~IISSION STAFF REPORT CASE NO. WZ-95-3 Pagq 5 III. VARIANCE CRITERIA The minimum required setback for a structure adjacent to a dedicated public street is 50 feet. The. Good Times alternate B-1 plan and Miller Stockman building addition are being shown as having setbacks of 40 and 30 feet respectively. Staff has the following comments regarding the criteria used to evaluate a variance request. 1. Caa the property in question yield a reasonable return is use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the variances 'are-not approved, the propertp`c'ould~ still be used for retail sales. Staff would conclude that the return in use, service and income would be reasonable to the owner if the variance were denied. 2. Is the plight of the owner due to unique circumstances. There are no unique. circumstances. The 50 foot setback is applied uniformly to all Commercial-One and other similarly zoned properties within the City for property which front arterial streets. 3. If the variation were granted, would it alter the essential character of the locality. In regard to the Miller Stockman building, if the variance were granted it may not affect the character of the area. This is based on the fact that the area in front would be totally landscaped and the fact-that this building is only 18 feet tall. The setback would be proportionate with the mass of the structure. The Good Times building, however would encroach into the main corner of the center, displacing landscaping that is sorely needed, and sticking out like a sore- thumb. 4. Would the particular physical surrounding, shape or r~,~„~raphical condition of the specific property ~~1W olved result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 6 Staff concludes there is no hardship in either of these cases. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. If no unique circumstances or hardship can be proven and the variances are granted, a precedent could be set for similar requests. 6. Is the purpose of the variation based exclusively upon a desire to make money out of .the property. The requests for variance are based solely upon the desire-to make more money out of the property as additional retail sales space should, generate additional leases and sales-.tax. 7. Has the alleged difficulty or hardship been created by nay person presently having as interest in the property. The hardship has been self-imposed. 8. Would 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. Granting of the variance for the Miller Stockman building should not negatively affect public welfare. It is difficult to determine how it would affect improvements in the area. The Good Times addition could have a negative affect on both public welfare and improvements in the neighborhood because of the loss of up-front landscaping. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion is the public streets or increase the dagger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The Miller Stockman addition should not impact the amount of light and air to adjacent properties because of the limited height of the building and the fact that PLANNING COMMISSION STAFF REPORT 'CASE NO. WZ-95-3 Page 7 there are no structures close by. There should be no negative impact on public streets. There should be no concern for potential fire danger as there is adequate access on the north and south sides of the addition. The commercial property values in the area should not be affected as it is a similar in appearance and construction as what is in the area. Regarding the Good Times building, the variance could have an affect on property values in the neighborhood to the north as it could negatively affect the aesthetics of the area because the new building would predominate the corner nearest the residents. IV. AGENCY REFERRALS Public Works: ' 1. If the RTD site remains, they recommend that the northwest access going onto W. 38th Avenue be "OUT ONLY". 2. The back-out parking at the W. 32nd. Avenue entrance should be re-worked so as to eliminate conflicts. 3. A drainage plan will be required for the new building being proposed for area "C" prior to building permits being issued. Wheat Ridge Fire: 1. Concerned with some of the turn radii in parking areas near buildings and access t.o sprinkler connections. 2. Concerned-that additional sprinkler systems will be needed or extended for the Miller Stockman and Wal-Mart greenhouse additions. 3. Need a looped water system installed (see attached letter). RTD: 1. Concerned that alternate sites for the bus terminus facility are not available in this vicinity and that bus service will be negatively affected if they are forced to vacate their current location. All other agencies indicate an ability to serve, subject to their agencies rules and regulations. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 8 V. CONCLIISIONS AND A. Greenhouse Addition: Based upon a finding that this area is already very congested with activity and_that additional building, together with probable noise from exhaust units will negatively impa~L tiurrounding residential uses, we recommendY DENIAL.. B. Good Times: Regarding plan B, we find that the use is acceptable under the PCD outline plan and that the 'design is also acceptable, except we do recommend that. tIxe 4 Aack-out spaces near the W. 38th Avenue access be 'removed and Landscaped. Regarding plan B-1 (alternate), we find that the variance criteria 3o not support this concept with a ~bstandard front setback, therefore, we recommend DENIAL. of the variance. However if the building is taaved back to 50 feet, and the landscaping is replaced to 40 feet, we would support plan B-1 also. C. New Building: We find that the new building proposed in Detail C meets all requirements of the PCD regulations and will accommodate other improvements in this area including parking circulation and layout that is a substanti~a~ improvement to the center, therefore we recommend3 APPROVA7s. However, we also recommend that the owner constser improving the back-out parking arrangement of the W. 32nd Avenue entrance, if possible. D. Addition to Miller Stockman buildings: _ In order. to allow this addition, a variance must be approved to allow a reduced front setback from Youngfield, 30 feet where 50 feet .is required. Staff concludes that the variance criteria findings do not support this variance. We do, however, support all of the other changes relating to Detail D. VI. SIIGGESTED MOTIONS 1. DETAIL A: Greenhouse Addition. "I move that the proposed greenhouse addition for Wal- Mart be DENIED for the following reasons: PLANNING COMMISSION STAFF REPORT CASE NO. wZ-95-3 Page 9 a. The mass of building and commercial activity at this end already negatively effects adjacent residential uses; the greenhouse addition would be a further intrusion to the ,neighborhood. b. The greenhouse exhaust unit will be an additional. noise generator that will negatively impact the neighborhood. 2. pETI~2T B anB '8-1 (atite~na e) _ Goad Times ~2 staur nt R~s_ Detail B-1 (alt rnate): ~1ARIANCE REQIIEST: "I move that the front setback va~,i.ance for the Good Times buildj:ng be DENIED for the follow',~ig reasons: a. There is hs evidence o~ unusual or unique circumstances. b. There is no evid~nc~ of legitimate hardship. c. The loss of landscaping at' ~t-13.i& major corner is unaccept~Yile." Re: B ox B-1 ite Plan: "2 move that either Detail B or a revised B-1 that places tTiB wilding at or beyond the 50 foot setback. requirement and preserves the 40 foot landscape area along Youngfield be r~&PRO4~P_. In both scenarios, the parking area near the W. 3.Qth Avenue access needs to be revised to eliminate at least`~;he north 4 spaces and convert that area to landscapiny.'~ 3. DETAIL C Site Plan• New Building/South End I move that the Detail C site plan be APPROVED. It is advised that the owner consider re-working the back-out parking at the entrance to eliminate back-out: This plan is a substantial improvement in parking and drive aisle layout." 4. DETAIL D- Building Addition There are two parts to this area proposal. One is the building addition and the other .is general improvements to the entrance drive, parking arrangement and landscaping. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 10 Re: Buildincr Addition_* VARIANCE REQUEST "I move that the front setback variance for the building addition be denied for. the following reasons: a. There is no evidence of unusual or unique circumstances. b. There is no evidence of legitimate hardship." Re: General Site Imprcvements "I move that the balance of Detail D site plan be APPROVED. I further move that the existing dumpsters that are placed adjacent to Youngfield in this area be properly screened from view as is currently required by our zoning ordinance." rctl.trllDN NO. F0010795 5.00 PG: 0001-001 742 RECORDED IN, JEFFERSON COUNTY, CDLOP.ADD I/30 /95 11:45 NL-EO-~9 ~~ ~b f'GD " ( ' ;moo ~„ ~ R R i~ ~ : ~ :$ 4 i ~ ~ i ~ ~ ^ r,~ I ~ ~ ,~M i ~C R R k N fi ~ ~ I I / ~ i ~ - r R i ~ n ~_ ~ ~^ n ~ ~ .z• /L, I _ g R 1 1 I ^ ~ ~ 1 UJINGORPORATED °KIU KO% ~ER_,Oty COUNTY etJ <~ Y• 1 z In- -~ , 1 1 G-I _J LL _ o ~ ~ ~ ~ ,Q ~ A CTi CIS ~ 1 o ~ ~ i 1 1 ~ ~ % ~ ~ 1 1 ~ r h P D -w ~ ' ce+re~ $ s la- rs-w FR#10 3 Y ( 1 ~ s :4 1 ~ ~ GD 3~ R ~ U G- i R 1 1 U ~ e ~ 1 1 - / 1 Y - ; ~ ~ Q ~ N ~ - - _ YE ~_ T - ~1 r r~~l e ~~ 0~~~ GI ~~ ~ ZO1JE DISTRICT BOUNDRY N 7"l 2 ZONING MAP - PARGH./L0T 1301,t~RY WHE,4T RIDGE ~~~`'"`'~ °~"'P, uTY unrr uTVE o p® GOLO~~'cD0 DENOTES MULTIPS.E ADT7RF~>ES ~ ,..~ MAP ADOP'T'ED: 1ne 15, 1994 Lost Revision Jorwo-y 9, 1995 D~FRrPBtt OF R.v11N.i hFD DEVH.OatBtr - H5-~D52 - UJD~flj ~IDG~ ~I~~ ~~OT~C1100 DISI~IC1 P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: January 31, 1994 To: Meredith Rechert, Department of Planning & Development, City of Wheat Ridge. From Dave Roberts, Fire Marshal, Wheat Ridge Fire Protection District. Subject: Case No.:.WZ-94-18, Revision received 1-26-95. Location: 3600 Youngfield. Requested Action: Amendment to the Applewood Shopping Center final development plan. Purpose: 6167 square feet of building addition and 17,400 square feet of new buildings. Dear Meredith: After a review of the resubmitted plans for. this location, I am requesting the following items be addressed by the developer regarding our concerns: 1. The current design of the parking areas to the east side of the Apple Jack Liquors building (3320,3325,3510) still .does not allow an adequate turn radius to access the current fire department connection installation for the sprinkler system installed in the existing building. Access to current building addressed as 3230, 3250 is still inadequate due to design and reconfiguration. Turn radius access to the new proposed building is inadequate by design. The redesign of the entrance area into the center at the current stop light on Youngfield north of the Miller Stockman building is inadequate for ,turn radius into the Miller Stockman parking area and north turn access has been negated. The design now creates a situation of going against traffic to access the north side of the parking lot by the bank building. 2. The current design will require installation of fire protection sprinklers for the new proposed building and a redesign of the existing fire sprinkler system in the current Miller Stockman building for the proposed 3,447 square foot addition on the west side of the building., 3. The Walmart Green house addition will require extension of the newly installed fire sprinkler system, and water supply to the Walmart building is and will continue to be an issue that will have to be resolved by the developer, Walmart, and the Water District in order to meet fire flow requirements for the r ," sprinkler system. 4. Fire hydrants will need to be installed through out the development in order to provide adequate fire protection to the shopping center. A looped water system will have to be installed to meet the fire flow requirements for the extended growth and exposure to the center. 5. The Wheat Ridge Fire District reserves to right to comment and act on any changes, alterations, additions, or deletions unforeseen and or not mentioned at this time regarding this project . It is requested that the developer contact the Fire Marshal Office at 424-7323 regarding the afore mentioned issues for resolution as soon as possible. I will be happy to meet with them at their request. Respectfully, ~~~~ ave Roberts Fire Marshal Wheat Ridge Fire Protection District cc:file ~.3S~K ~ ... ~-- Q z ;~ a~ '~ ~~ ~, ~. ~.:.,s,; ~. ~g ~~ r. F fiL $a ~m m i 1 i T N %'.U~ C~L'ON 6Z:Ti S6i4Ti2.0 s PUBLIC HEARING SPEAKERS' LIST CASE NO: Case No. WZ-95-3 DATE: March 16, 1995 REQUEST: An application by Colorado Land Consultants for General Management Company for an amendment to the Planned Commercial Development final development plan with a variance for Applewood Shopping Center located at 3600 Youngfield Street. SPE AKER NAME, ADDRESS & P HONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED '' // I 3 ~,' a DU Si) K~~/~+r 7i1~-2& ' ~t.~-~ ~ 3 ~S "~ .~ 1~ ~ G ~J ~~2 /1 C'am' Planning Commission Minutes March 16, 1995 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Page _2 Vice Chairperson CERVENY requested the addition of "Takings Legislation" for discussion under Item 10. New Business. Commissioner JOHNSON moved to approve the agenda for the meeting of March 16, 1995 as amended.. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. 5. APPROVAL OF MING'TES There were no minutes available for Planning Commission consideration. The minutes for the meeting of March 2, 1995 will be available at our next regular meeting, April 6, 1995. 6. PIIBLIC FORIIM (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 had signed the roster, nor came forward to speak at that time. 7. PIIBLIC HEARING 1. Case No. WZ-95-3: -An application by Colorado Laad Consultants for General Managemeat Compaay for an amendment to the Planned Commercial Development final development plan with a variance for Applewood Shopping Ceater located at 3600 Youagfield Street. Mr. Gidley presented the staff report. Entered into the record and accepted by the Vice Chairperson were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Commissioner LANGDON asked Mr. Gidley about the two different plans submitted by Good Times. Mr. Gidley stated that Exhibit B-1, had been Faxed to the City by the tenant, and never been seen by the applicant. Mr. Biehl (General Management Company) stated that he°d never seen the plan called Exhibit B-1. He asked that it not be considered. Commissioner RASPLICKA asked what was the status of RTD? Steve Wilson, Colorado Land Consultants, 8480 East Orchard, #2000, Englewood,-was sworn in. • ! Planning Commission Minutes Page 3 March 16, 1995 Jerry Biehl, General Management Company, 1623 Blake Street, Denver was sworn in. Mr. Biehl stated after hearing comments from the neighbors, revising the parking lot to eliminate some of the long-standing problems became his top priority. He elaborated. Steve Wilson described the four requests and the changes that are proposed. He asked for support and felt that any issues could be worked out. Mr_ Biehl spoke about the request for the greenhouse addition to Wal-Mart and explained why he felt it would be an improvement. He added that he .would continue to try to reach an agreement with RTD regarding the bus recovery area. He explained problems he'd. encountered. Commissioner RASPLICKA asked Mr. Biehl if an_agreement could be reached with RTD, would the plan for Good Times proceed? Mr. Biehl stated not at his time, however, he would still like approval of the plan. Mr. Gidley stated that regarding Exhibit B, the City had recommended that .four upper parking spaces indicated on the plan be eliminated and landscaping installed. He added that City staff felt persons backing out and pulling into those spaces would cause congestion. Commissioner RASPLICKA asked Mr. Biehl how much of the traffic into the center is by bus? Mr. Biehl stated the bus recovery is a controlled-flow parking situation, where two to three buses are "staged" in the area. He added that he'd never seen more than three buses parked there, and normally it was one or two. Commissioner LANGDON asked Mr. Biehl about his plan to change the traffic pattern from Youngfield onto West 38th Avenue. Mr. Biehl stated that Public Works Department has decided to collapse one traffic lane and that is where the additional landscaping will be installed.. Commissioner LANGDON stated it was his understanding that if Good Times was constructed, RTD would park their buses on West 38th. Mr. Biehl stated that several proposals had been offered to RTD to no avail. He explained. i ~ Planning Commission Minutes Page 4 March 16, 1995 Commissioner LANGDON asked if the plan for the Good Times restaurant is approved, but not constructed immediately, how long would the plan approval be valid? Mr. Gidley stated that State Law provides a three-year vesting period. .The applicant could request an extension to the vesting schedule, however. Jim Thomas, 900 South Kearney Street, Denver was sworn in. Mr. Thomas stated he represented World Savings, a tenant in the subject shopping center. Mr. Thomas was concerned about the proposed parking changes. Mr. Biehl stated there would be no change in the parking configuration within 300 feet of_World Savings. Mr. Thomas stated that World Savings .would not oppose any of the requested proposals. Maureen Williams, owner of Applewood Village Paint and Wall Coverings, 3490 Youngfield, was sworn in. Ms. Williams stated her company had needed additional space for years. With the new plan, it is possible her company could gain the additional space needed.. She added she is in favor of the proposal. Mr. Biehl stated that "Building C", mentioned by Ms. Williams, was virtually 1000 pre-leased. He explained that he has letters of interest for the proposed Miller Stockman space and a letter of interest for Ms. Williams' current space. Art Burnam, 3652 Wright Street, was sworn in. Mr. Burnam opposed the variance to allow the greenhouse on the north side of Wal- Mart. He thought the greenhouse was an "after-thought". His concern was the close proximity to the sidewalk and other landscape improvements. He had concerns for safety regarding the buildup of snow and ice in that area during winter. Dorothy Powell, 3232 Wright Court, was sworn. in. Ms. Powell stated she opposed the variance to allow the greenhouse on Wal- Mart. She urged Commission to deny the request. Commissioner RASPLICKA asked the distance from the top of the greenhouse wall to the sidewalk. _ __ Discussion followed. Steve Wilson answered-18 feet to the point. Commissioner RASPLICKA asked what the setback was. Planning Commission Minutes Page 5 March 16, 1995 Mr. Wilson stated the setback was 30 feet at the front, tapering, as you go back. Mr. Gidley stated it would be 23 feet difference in elevation from the sidewalk to the peak. Commissioner RASPLICKA asked if the 30 foot setback met Code? Mr. Gidley answered yes, it did. He elaborated. Commissioner RASPLICKA asked about the landscaping plan. Mr. Gidley stated the landscaping plan would not change. Commissioner JOHNSON asked if Chili's Restaurant had received a variance? Mr. Gidley stated they must had received a variance if they were set back 30 feet. He added that the setback could have been reduced if they had been required to dedicate land for an acel/decel lane.. Discussion followed. Mr. Gidley explained why a greater setback is required on major arterial. streets. Commissioner JOHNSON asked how the bus recovery area would work if Good Times restaurant is_constructed. Mr. Biehl explained the same "flow pattern" would be maintained. He elaborated. Vice Chairperson CERVENY asked if Mr. Biehl agreed with staff's recommendations. Mr. Biehl stated that would work for them. Mr. Gidley asked Mr. Biehl if RTD remains, would he still plan to increase the landscaping in that corner? Mr. Biehl answered absolutely. Commissioner RASPLICKA asked if ,the greenhouse could be moved back slightly? Mr. Biehl stated he could not speak for Wal-Mart. He thought Wal-Mart would prefer to have the greenhouse located as indicated, as it had "site prominence" and curb appeal. Planning Commission Minutes Page 6 March 16, 1995 Mr. Gidley suggested the greenhouse might be placed behind the garden center, in line. with the setback, as an option to approval of the proposed location. Mr. Wilson stated that the greenhouse was a pre-fab manufactured building constructed to be cost-effective. Wal-Mart would not be willing to design a special greenhouse for this particular building. He urged Commission to base their recommendation on the proposed design. Vice Chairperson CERVENY asked Mr. Wilson if he was saying to consider the proposed location or not at all? Mr. Wilson stated yes. Commissioner JOHNSON asked if the greenhouse would have an eight- foot wall. Mr. Wilson stated the greenhouse would have a 12-foot wall, with an 6-foot peak. Discussion was heard regarding the height of the walls. Commissioner JOHNSON asked where the exhaust would exit. Mr. Wilson_stated the fan exhaust would exit at the end. The noise from the fan would be no louder than traffic noise from I- 70. Commissioner JOHNSON asked if this would be an operational greenhouse. Mr. Wilson stated that this would not be an operational greenhouse, only an amenity to the Wal-Mart Store/garden center. Commissioner JOHNSON asked if the greenhouse would be constructed of plexiglass? Mr. Wilson stated it would be. Vice Chairperson CERVENY asked Mr. Gidley for Clarification of the issues. Mr. Gidley explained. Commissioner JOHNSON asked if the greenhouse would be constructed on asphalt. Mr. Wilson answered it would be constructed on a concrete apron. Planning Commission Minutes Page 7 March 16, 1995 -- Commissioner JOHNSON Mr. Wilson answered Commissioner JOHNSON enclose the existing Commissioner JOHNSON concrete pad? asked if the apron had been poured? :hat it had. stated that all the greenhouse would do was concrete pad. asked if a canopy currently covered the Mr. Wilson answered no. He elaborated. Discussion followed. Mr. Biehl stated, that the greenhouse would be used March through August only. He elaborated. Commissioner LANGDON asked if there was some way air could be circulated without creating the same amount of noise a truck makes? Mr. Biehl_ reiterated that Mr. Wilson had stated the noise level would be-no greater than that currently coming from I-70. He added that they had asked for information regarding decibel levels and agreed that the fan should not be as loud as a truck Mr_ Wilson told about State Law and what was allowed regarding ---- noise. He stated the noise level would not exceed the 50 decibel level allowed at night in a residential area. Discussion followed. Commissioner RASPLICKA asked to be shown where-the peak of the greenhouse would be. Mr. Wilson-showed him the location of the peak on the drawings. Vice Chairperson CERVENY asked if the exhaust fan would be located on the west or east end of the greenhouse? Mr. Wilson stated it would be on the east end. Commissioner JOHNSON asked why not locate it on the west end? Mr. Wilson stated he did not know enough about the operation of the fan to answer that. Vice Chairperson'CERVENY stated that if it was located on the east end, it would be directed into a residential area. Planning Commission Minutes Page 8 March 16, 1995 Mr. Wilson suggested that Commission by their motion, stipulate the placement of the fan on the west end of the greenhouse. Commissioner WILLI~MS thought that if the fan was no louder than 50 decibels, it would be acceptable. Mr. Gidley agreed that it might be advisable to place a condition that the fan be no louder than State Law allows. Vice Chairperson CERVENY briefly summarized for those present several issues regarding the greenhouse. Mr. Biehl stated that.-for aesthetic reasons, the fan should be installed at the rear (east) of the greenhouse. Vice Chairperson CERVENY stated he thought the neighbors should be protected. - Mr_Biehl noted that there would be 150 feet from the location of the fan to the nearest property line on the east. The fan used. would not be much larger than an household attic fan. Commissioner JOHNSON asked if the fan would be shut off at 10:00 p.m. Mr. Biehl was uncertain what that would do to the plants. Ms. Powell stated she was hoping there would be no structures added to the north side of the building. She added that the City should stick to their regulations and requirements. Mr. Burnam. initially understood that the proposed greenhouse extension would require a variance. Since that time, it had been determined that a variance was not necessary for the expansion. He still has concerns regarding the impact of the greenhouse to ' West 38th Avenue. Commissioner JOHNSON noted-that merchandise would be displayed on the. concrete slab. The walls of the greenhouse would hide that merchandise. Mr. Burnam stated he thought the construction of the slab should not have taken place. Ms. Powell stated she would prefer the concrete slab to the greenhouse. Commissioner LANGDON commented about the little about of noise created by swamp coolers in his neighborhood. He also felt the Planning Commission Minutes Page 9 March 16, 1995 concrete slab would be used to display merchandise. He elaborated. He asked Mr. Biehl how much of-the greenhouse would be seen from 38th? Mr. Biehl stated not a lot o~ the greenhouse would be seen from 38th due to the line of sight. He thought the greenhouse would. improve the north end of the Wal-Mart building. Commissioner JOHNSON moved that Detail A, the proposed greenhouse addition for Wal-Mart be Approved with the following condition: 1. The sound decibels from the exhaust fan do not exceed that allowed by State Law. Commissioner WILLIAMS seconded the motion. Motion carried 4-1, with Vice Chairperson CERVENY voting no. Commissioner LANGDON moved that Detail B, the proposed Good Times restaurant (Exhibit B) be Approved with the following condition: 1. The parking near West 38th Avenue access be revised to eliminate at least the north four parking spaces and convert that area to landscaping. Commissioner JOHNSON seconded the motion. Motion carried 5-0. Commissioner LANGDON moved that Detail C site plan be Approved. It is advised that the owner consider re-working the back-out parking at the entrance to eliminate. back-out. Commissioner JOHNSON seconded the motion. Motion carried 5-0.- Mr. Gidley noted two facts Restaurant building is set established a character to state highway and adequate property, should Youngfiel~ proposed development would business. to the Commission: 1') The Chilis back 30 feet and therefore has the area. _2)_ Youngfield is not a alternative parking exists on the i need to be widened. Therefore, the not endanger :future viability of the Commissioner JOHNSON moved that the front setback variance for the building addition (Detail D) be Approved for the following reasons: _ 1. The Chilis Restaurant building is set back 30 feet and therefore has established a character to the area. 2. Youngfield is not a state highway and future widening should create no problems and adequate parking exists on the site. ! ~ Planning Commission Minutes Page 10 March 16, 1995 3. Additional landscaping is to be installed. Commissioner WILLIAMS seconded the motion. Motion carried 5-0. Commissioner JOHNSON moved that the building addition, as well as she other general improvements to the entrance drive, parking arrangement and landscaping as outlined on Detail D be Approved. commissioner RASPLICKA seconded the motion. Motion carried-5-0. Vice Chairperson CERVENY thanked those present for their participation. Vice Chairperson CERVENY called a short recess at 9:27 p.m. Meeting reconvened at 9:35 p.m. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS A. Proposed Amendments to Zoning Ordinance Section 26-24 Planned Development District Mr. Gidley briefly summarized the proposed amendments to Commission. Discussion followed. Consensus was that Mr. Gidley make modifications as discussed and agreed upon. He will then schedule for public hearing. 10. NEW BUSINESS A. Vested Property Rights Vice Chairperson CERVENY will get further information and bring this item back to Commission for discussion. B. Planning Matters - APA Colorado Re: Takings Mr. Gidley stated Commission would be receiving information regarding this item. 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-95-3 LOCATION: 3600 Youngfield Street APP_LICANT(S) NAME: Colorado Land Consultants for General Management Co OWNER(S) NAME: Same REQUEST: Approval of an amendment to a final development plan APP-ROXIMATE AREA: 29.9 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 a part hereof; and WHEREAS, there was testimony received at a public hearing 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 JOHNSON, seconded by Commissioner WILLIAMS, that DETAIL A, the proposed greenhouse addition for Wal-Mart be APPROVED with the following condition: 1. The sound decibels from the exhaust fan do not exceed that allowed by State Law. VOTE: YES: Williams, Rasplicka, Langdon & Johnson NO: Cerveny 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 4 - 1 vote of the members present at their r-egular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 16th day of March, 1995. Cart Cerveny, V1 ~:nairpeL~cui J0.11LL1CL ..iyy ~.,~, Ly.G.-~--~-y-_1 WHEAT RIDGE P ING COMMISSION- WHEAT RIDGE PLANNING COMMISSION b:\wz953.res CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: WZ-95-3 LOCATION: 3660 Youngfield Street APPLICANT(S) NAME: Colorado Land Consultants for General Management Co OWNER (5) NAME: Same REQUEST: Approval of an amendment to a final development plan APPROXIMATE AREA: 29.9 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 a part hereof; and WHEREAS, there .was testimony received at a public hearing 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 LANGDON, seconded by Commissioner JOHNSON, that DETAIL B, the proposed Good Times Restaurant (Exhibit B) be APPROVED with the .following condition: 1. The. parking near west 38th Avenue access be revised to eliminate at least the north four parking spaces and convert that area to landscaping. VOTE: YES: Williams, Cerveny, Rasplicka, Langdon & Johnson N0: None 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 - 0 of the members present at their regular meeting held in-the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 16th day of March,,1995/} WHEAT RIDGEtPLANNING COMMISSION WHEAT RIDGE PLANG COMMISSION b:\wz953b.res CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-95-3 LOCATION: 3600 Youngfield Street APPLICANT(S) NAME: Colorado Land Consultants for. General Management Co OWNER(S) NAME: Same REQUEST: Approval of an amendment to a final development plan APPROXIMATE AREA: 29.9 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 a part hereof; and WHEREAS, there was testimony received at a public hearing 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. LANGDON, seconded by Commissioner JOHNSON, that DETAIL C site plan be APPROVED. It is advised that the owner consider re-working the back-out parking at the entrance to eliminate back-out. VOTE: -YES: Williams, Cerveny, Rasplicka, Langdon & Johnson NO: None 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 - 0 of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 16th day of March, 1995. marl ~erveny, vic nairperson WHEAT RIDGE PL G COMMISSION WHEAT RIDGE COMMISSION b:\wz953c.res ! • CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-95-3 LOCATION: 3600 Youngfield Street APPLICANT(S) NAME: Colorado Land Consultants for General Management'Co OWNER(S) NAME: Same REQUEST: Approval of an amendment to a final development plan APPROXIMATE AREA: 29.9 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 a part hereof; and WHEREAS, there was testimony received at a public hearing 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 JOHNSON, seconded by Commissioner RASPLICKA, that the front setback variance for the building addition, DETAIL D be APPROVED for the follocding reasons: 1. The Chilis Restaurant building is set back 30 feet and therefore-has established a character to the area. 2. Youngfield is not a state highway and future widening should create no problems and adequate parking exists on the site. 3. Additional landscaping is to be installed. In addition, Commissioner JOHNSON moved that the building -- addition, as well as the other general improvements to the entrance drive, parking arrangement and landscaping as outlined on Detail D be APPROVED. VOTE: YES: Williams, Cerveny, Rasplicka, Langdon & Johnson NO: None 7500 WEST 29TH AVENUE - - - ---- ThBCltyOf WHEAT RIDGE, C6 80215-6797 - _(303) 234-5900- ~~1Pi8t City Admin. Fax # 234-5924 Police_Dept. Fax # 235.2949 •'~• ldge March 17, 1995 Mr. Steve Wilson Colorado Land Consultants, Inc. 8480 E. Orchard Road, Suite 2000 Englewood, Colorado 80111 RE: Traffic Circulation plan for Applewood Village Shopping Center 38th Avenue &Youngfield Street Dear Ivlr. Wilson, Public Works Department has reviewed the above plan and have the following comments: Both accesses on 38th and Youngfield adjacent to the proposed Good Times Hamburger shall be right-in-right-out only. A construction plan will be required for the street improvements. The plan shall include, but not be limited to, lazger turning radii and a curb island to strictly enforce the right-in-right-out movements, and an extension of the median island on Youngfield. The City is in the process of constructing the median island on Youngfield and the developer will be responsible for the extension if this development occurs. The Department will re-evaluate when there is a definite plan for RTD bus circulation within this area. ' ' 2. A larger radius should be constructed at the southwest corner of the intersection of 38th Avenue and the entrance to the back of Walmart (northeast corner of Walmart) to accommodate delivery trucks. This should be addressed on the street improvement plan discussed in item 1. The height of retaining walls constructed at this corner should be in conformance with the City Code. 3. The existing backout parking adjacent to the entrance on 32nd Avenue should be redesigned since it is too close the entrance. Also, the proposed pazlang adjacent to the right-in-right-out access on 38th Avenue mentioned in item 1 should be eliminated since it is too close to the driveway. Please see the marked up plan for detail. 4. The northeast corner of the proposed building in Detail "C" drawing is encroaching an existing easement and should be relocated. e, ,:.. r, ~,,,,,. :\ • 5. We have sketched up some suggestions on parking layout, signs and pavement mazking for intersections within the shopping center. Please see the marked up plan set for details. Please revise the plans per the above comments and resubmit for further review. Should you have any questions regarding this matter, I can be reached at 235-2862. Sincerely, 1~~- Steve Nguyen, P.E., Civil Engineer . ce: John Oss, Sr. Project Engineer Greg Knudson, Development Review Engineer Meredith Reckert, Planner APPLE% PARCEL , ` k L d ,.% ' afri t, ij 3 Y YP, x' . N4." E A x. f rf ti, x dei„ ".'"t 4 OF *:'..i2 6 F v AS, }:Y. . t` K a N' =" & i" :iii ,. y :� r u,. "r .k v'eFi.. DOC � AK," p fit .i >a., ..sh:.. Z..' ED rf 3 RE L, tt:J 4 ...I Y... „f„n i 'rg n , T f ENE _r e 44 4 `"S n4 , :':_;,.a, a �r ° CF Tr c a ti i S ," (; ,r4.,r F<'.wl" OF r. .x ?, 4, ^. , s.,}t',<?;^' t. 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'.?.I.'V'E' N AN" r"FI N t iBED AN i t C.,Se . !,l f' t t' " i{ .A#M :.'a�.�'v '�`.. `S EN4ER INIA�N�` i 4��':��•; C,' N *"."xE im .:�2. 4�.�. r n'i.�^U iv _: t'k Y. ,..- " ..Y „.: ,.iY .k;.Nw i } � 4 4� } k a a "4`amuway 'S4 �jf: w . .ww • p I I tlo in i31 3 t� y i° x, La,n� 3 C, SIGN U . N zz- N� i w a a r �Y r °5 Y „1 ;2 y '. I I tlo in i31 3 t� y i° x, La,n� 3 C, SIGN U . N zz- N� �J3 I 4REE PARCELS OF LAND 1LOCATED IN THE EAST 1/2 OF THE NX 1/4 1 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF TIIHE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, CUONTY OF JEFFERSON, STATE OF COLORADO. "l ',l - e - 4 A ?"RY PLANT \ \� \ « :± . \ ■ \ » INII L& RECOMMON� WH K WITH ERU6,18L 'S EPARKTL xQ e /2 AVIING�.S TO BE .3. PLANT L .„ .. - . a..., x a tR t p .,,. PLA M ATE" M AL yyam� kk N zDECM 81ax. o e A sh q 2 f .. a Au 4 3, , mn Putple h MCA RQ vaFDE Y �..YVi t *. LL a M ED P� EAv*�S SH, ORNAMENTAL tREES ds x F. 'i. �. v 51 : AR A$ ' E S .a AlU xQ e /2 AVIING�.S TO BE .3. .„ .. - . a..., p .,,. PLA M ATE" M AL yyam� kk MCA RQ vaFDE Y �..YVi t *. LL a M ED P� EAv*�S SH, ds x F. 'i. �. v 51 : AR A$ ' E .a AlU �gg gx q R _Y Fl�£I�`� P5 t'"4. 1,?#.i;�t, -... ("t `.n- v k: "ZONED SEPARATE0. FOR REVIEW AND is l✓L�R z�z`P'tI A LL t i EDS AND 11 'AR ;''. •+ Pro�.uw ..531 - ..�z.3 kxu.�. �. {^� t' yt-I Y} fS. r- <r, r x 12 1 1 TM` wz rT: „.a xQ e /2 AVIING�.S TO BE .3. J� k t 3 s s :, Regional Transpo~ion District April 18, 1995 Mr. Glen Gidley Director of Planning and Development City of Wheatridge 7500 West 29th Avenue PO Box 638 Wheatridge, CO 80034 Re: Applewood Shopping Ce Bus Transfer Facility Dear Glen: ~~ Ir~I W 2 G~.c F~ GE inn ~~, A!'R 2 4 1995 3ke Street Colorado 80202-'1399 s9oaa P~I.ANNING & DEVt' .. As you are aware, the agreement for the bus transfer facility at the above- referenced location was to be cancelled effective April 30, 1995 by the owner, Mr. Jerry Biehl. The Regional Transportation District has been actively negotiating with Mr. Biehl to extend the agreement and continue the use of the facility. The purpose of this letter is to inform the City of Wheatridge that RTD and Mr. Biehl have reached a mutual agreement to enter into a lease which will allow RTD the continued use of the shopping center property as a bus transfer facility. RTD anticipates that this new agreement will be executed by the end of this month. If you have any questions please feel free to call me at 299-2300 concerning this matter. Very truly yours, REGIONAL TRANSPORTATION DISTRICT ~~~ Richard J. Reynolds Acting General Manager RJR/has cc: David Apodaca, Transportation Engineer/Acquisitions Specialist An Equal Opportunity/Affirmative Action Employer April 24, 1995 Wheat Ridge City Council Wheat Ridge City Hall Wheat Ridge, CO 80033 Dear Sirs: Due to prior commitments, I am unable to attend the council meeting tonight. If it was not for highly unusual circumstances, I~~~oitld be there to strongly support the application for expansion to the Applewood Village Shopping Center. Specifically, I need this apce to expand my retail operation in order to continue to serve the trade area and stay ahead of my competition. My expansion space is crucial to my operation. I am 100% behind this application and fees that it will enhance my operation as well as all otF.er tenants in the shopping center. Sincerely, Alan Freis 0!aner ~C~l ~ G7 ; >~ ~~PPLI~at~uT~ ~f~-zYJ X95 3320 Youngfield Street, Wheatridge, Colorado 80033 (303) 233-3331 ~~~ ~, ~, -5CC WEST 29TH AVENUE P c. sox s3s The City of 'dJHE9T RIDGE.COS0034-Ce"33 ~ -303123-59CC - _ ~V4Theat Cz: Apmin. Fax ~ 234-5924 Pc ce Dept. Fax g 235-28-9 Ridge April 10, 1995 This is to inform you that Case No. yi~_AS_~ which is a request for ~r~ nt~al of an am rlm + +n +hP P1 a ~ ('nmm r l Development final development plan for Applewood Village Shopping tenter with variances for property located at _3tinn yonngf;Pl~7 RtrPPi- will be heard by the Wheat Ridge r;+y C'n„n~;l in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue. at '7.00 p,m, , on ~nr;1 ~4, 1995 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 .~~-+w. Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the and regulations and the process will remain impartial regarding meeting to discuss City policy involved, however, the planner viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public' hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: City Council DATE OF MEETING: April 24, 1995 CASE NO. WZ-95-3 DATH PREPARED: .April 11, 1995 CASE MANAGER: Meredith Reckert ACTION REQUESTED: Final development plan amendment with variances LOCATION OF REQUEST: 3600 Youngfield Street NAME & ADDRESS OF APPLICANT: Colorado Land Consultants for General Management Co. NAME & ADDRESS OF OWNER: General Management Company 13900 E. Harvard Avenue Aurora, CO APPROXIMATE AREA: 29.9 acres PRESENT ZONING: Planned Commercial Development PRESENT LAND USE: Retail SURROUNDING ZONING: I~: R-1; S: R-2, RC 1, RC; E: R-2, R1-A, RC1; W• A-l LAND USE: N: Church, low density residential; S: Commercial, low density residential; E: Low density residential;- W: I-70 IVE PLAN: Commercial Activity Center DATE PUBLISHED: April 6, 1995 DATE POSTED: April 10, 1995 DATE LEGAL NOTICES SENT: April 10, 1995 AGENCY CHECKLIST: (XX) ATTACHED ( ) NOT REQUIRED RELATHD CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other 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. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 2 DESCRIPTION OF REQUEST This is a request to amend the Final Development Plan for the Applewood Village Shopping Center-Planned Commercial Development. The following summarizes the proposed revisions as referenced on Page 2 of the development plan set. A. Greenhouse addition to Wal-Mart: (Detail A) This is a proposed 2720 square foot greenhouse that would be added to the north end of Wal-Mart, with a 30 foot setback from West 38th Avenue. The applicant has provided no information regarding exhaust units that will be incorporated, however, it has been indicated that an exhaust fan similar to an attic .fan will be placed at the east end of the greenhouse. Staff is concerned that this area is becoming very congested with activity and the reduced building setback will negatively affect residential uses to the north. Additionally, exhaust fans normally associated with greenhouses are generally noisy and may impact residents both east and north of this area. Based upon these concerns, staff recommends DENIAL of the greenhouse addition. B. Drive-in Restaurant: (Detail B A "Good Times" restaurant is proposed to replace the RTD Terminal facility. This is submitted as an "OPTION" as final negotiations with RTD have not been-completed. If RTD is not allowed to remain in this area, then the restaurant plan, if approved, would be in place and ready for development. The plan shown on "Detail B" meets general setback, parking and circulation requirements, and therefore is acceptable, except staff suggests that the north 4 parking spaces near the right-in/right-out West 38th access be eliminated so as to alleviate traffic conflicts. C. New Retail Building: (Detail C) This 10,000 square foot building would replace two smaller buildings (a 3976 square foot total). It has been indicated that this would probably be a single use retail building, although it could be internally subdivided. This building, together with its associated parking, displaces a substantial amount of landscaping, which is being replaced throughout the shopping center, such as at the northwest PLANNING COMMISSION STAFF REPORT CASE N0. WZ-95-3 Page 3 corner (Youngfield & West 38th Avenue) and within the parking lot and major entry-ways. Overall landscape coverage will actually increase throughout the .center from 8o to over 100, and it will be placed so as to break-up the large areas of paved parking creating a more pleasing environment. The proposed building encroaches into a large Denver Water easement at its northeast corner, which will need to be approved by Denver Water, otherwise the encroachment needs to be modified. The proposed building will be one story and of similar architectural style as predominates the center. New parking has been added to the north and east of the proposed building, with a landscaped and fenced buffer £o the__east adjacent to the residents to the east. Generally, parking layout and drive circulation is substantially improved in this area if built as per the proposed plan. Overall, numbers of parking spaces throughout the center has been increased by 46. This exceeds the minimum parking required by '100 spaces center-wide. Even with the increased square footage proposed, parking ratios have been improved through a more efficient and safe parking layout. Public Works/Engineering would, however, like to see the back-out parking spaces near the IN-DRIVE from West 32nd Avenue re- worked to eliminate the back-out movement. Staff supports the proposed improvements shown in "Detail C" except we would like to see the back-out parking at the "IN- DRIVE" re-worked. D. Building Addition• (Detail D) This would be a 3447 square foot addition to an existing 15,159 square foot building. This is a retail expansion that would encroach into an existing drive aisle and displace parking/dumpster area with landscaping. We would encourage displacement, or at least proper screening of-the dumpsters (as is already required by law). The standard setback requirement-from Youngfield is 50-feet where only a 30 foot setback is being proposed. Staff has concluded that the criteria used to evaluate a variance a variance supports approval of this request. (See Section III of this staff report. There are other revisions being made to the main entry-way and parking layout in this area, as well as increased landscaping, that we do support regardless of the building addition. II. NEIGHBORHOOD MEETING PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 4 A meeting for neighborhood input was held on January 12, 1995. Concerns expressed included the following: - The replacement of the RTD terminus location with a fast food restaurant. Would RTD be willing to lease or buy the pad? .Alternate locations for turn-around - The question of whether ESTIP funds were-used on the buildings being demolished. Is the ESTIP contract being renegotiated ? - On-site vehicular circulation - Parking is not adequate exacerbate the problem. The amendment will only - Problems with procedures rules. 'City' doesn't follow it's own - Publication versus ordinance for approval of final development plans. - Wal-Mart greenhouse expansion which needs a variance. - Potential relocation of branch post office demolished for Wal-Mart expansion. - 38th Avenue improvements - No "24-hour" businesses should be allowed. III. VARIANCE CRITERIA The minimum required setback for a structure adjacent to Youngfield Street-is 50 feet. The Miller Stockman building addition is being shown as a having setback of 30 feet. Staff has the following comments regarding the criteria used to evaluate_a variance request. 1. Can the property in questioa yield a reasonable return in use, service or income i£ permitted to be used only uader the conditions allowed by regulation £or the district in which it is located. If the variance is not approved, the property could still be used for retail sales_ Staff would conclude that ,the return in use, service and income would be reasonable to the owner if the. variance were denied. - C~ PLANNING CONIl22SSION STAFF REPORT CASE NO. WZ-95-3 Page 5 2. Is the plight of the owner due to unique circumstances. There are no unique circumstances. The 50 foot setback is applied uniformly to all Commercial-One and other similarly zoned properties within the City for property which front arterial streets, although the Chilis and adjacent bank buildings on Youngfield have a 30 foot. setback. 3. If the variation were granted, would it alter the essential character of the locality. In regard to the Miller Stockman building, if-the variance were granted it may not affect the character of the area. This is based on the fact that the area in front would be totally landscaped and the fact that this building is only 18 feet tall. The-setback would be proportionate with the mass of the structure. There are other structures along Youngfield (Chilis Restaurant and adjacent bank) which have a 30-foot setback. 4. Would the particular physical surrounding, shape or typographical condition of the specific property involved result is a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Staff concludes there is no hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. A precedent has already been set for reduced setback variances along Youngfield. __ 6. Is the purpose of the variation based exclusively upon a desire to make mosey out of the property. The requests for variance are based solely upon the desire to, make more money out of the property as additional retail sales space should generate additional leases and sales tax. 7. Has the alleged difficulty or hardship been created by any person presently having as interest in the property. The hardship has been self-imposed. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or PLANNING COMMISSION STAFF REPORT CASB NO. WZ-95-3 Page 6 improvements in the neighborhood in which the property is located. Granting of the variance for the Miller Stockman building should not negatively affect public welfare. It is difficult to determine how. it would_affect improvements in_the area. 9. Would 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 or substantially diminish or impair property values within the neighborhood. The Miller Stockman addition should not impact the amount of light and air to adjacent properties because of the limited height of the building and the fact that there are no structures close by. There should be no negative impact on public streets. There should be no concern for potential fire danger as there is adequate access on the north and south sides of the addition. The commercial property values in the area should not be affected as it is a similar in appearance and construction as what is in the area. IV. AGENCY REFERRALS Public Works: _ __ __ ___ 1. If the RTD site remains,_ they recommend that the northwest access going onto West 38th Avenue be "OUT ONLY". 2. The back-out parking at the West 32nd Avenue entrance should be re-worked so as to eliminate conflicts. 3. A drainage plan will be required for the new building being proposed for area "C" prior to building permits being issued_ wheat Ridge Fire: 1. Concerned with some of the turn radii in parking areas near buildings and access to sprinkler connections. 2. Concerned that additional sprinkler systems will be needed or extended for the Miller Stockman and Wal-Mart greenhouse additions. 3. Need a looped water system installed (see attached letter) . RTD- 1. Concerned that alternate sites for the bus terminus facility are not available in this vicinity and that bus PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 7 service will be negatively affected if they are forced - - to vacate their current location. All other agencies indicate an ability to serve, subject to their agencies rules and regulations. V. PLANNING COMMISSION ACTION. Planning commission reviewed this request at al public hearing held on March 16, 1995. The following recommendations were made regarding the different aspects of the request: Detail A (Greenhouse addition) _ A recommendation of Approval was given with the condition that the. sound decibels from the exhaust fan do not exceed that allowed by State Laws. Detail B (Drive-in restaurant) A recommendation of Approval was given with the condition that the parking near West 38th Avenue access be revised to eliminate at least the north four parking spaces and convert that area, to landscaping. - Detail C (New retail building) A recommendation of Approval was given. The owner was advised at that time to consider re-working the parking configuration near the West 32nd_AVenue entrance to eliminate the back-out parking- Detail D (Miller Stockman addition) A recommendation of Approval was made for the following reasons: 1. The Chilis Restaurant building is set back 30 feet and therefore has established a character to the area. 2. Youngfield is not a state highway and future widening should create no problems and adequate parking exists on the site. 3. Additional landscaping is to be installed. VI. CONCLUSIONS AND RECOMMENDATIONS A. Greenhouse Addition: Based upon a finding that this area is already very congested with activity and that additional building, together with probable noise from PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 8 exhaust units will negatively impact surrounding residential uses, we recommend DENIAL. B. Good Times: Regarding plan B, we find that the use is acceptable under the PCD outline plan-arid that the design is also acceptable, except we do recommend that the 4 back-out spaces near the West 38th. Avenue access be removed and landscaped. C. New Buildina: We find that the new building proposed in Detail C meets all requirements of the PCD regulations and will accommodate other improvements in this area including parking circulation and layout that is a substantial improvement to the center, therefore we recommend APPROVAL. However, we also recommend that the owner consider improving the back-out parking arrangement of the West 32nd Avenue entrance, if .possible. D. Addition to Miller Stockman buildina: Staff has concluded that a precedent has been set for. setback variances along Youngfield. Because the 30 feet setback is proportionate to the building height, a recommendation of approval is given for the setback variance. We also support all of the other changes relating to Detail D. VII. SUGGESTED MOTIONS 1. DETAIL A: Greenhouse Addition "I move that the proposed greenhouse addition for Wal-Mart be DENIED for the following reasons: a. The mass of building and commercial activity at this end already negatively effects adjacent residential uses; the greenhouse addition would be a further intrusion to the neighborhood. b. The greenhouse exhaust unit will be an additional noise generator that will negatively impact the neighborhood. 2. DETAIL B Good Times Restaurant "I move that Detail B be APPROVED. The parking area near the West 38th Avenue access needs to be revised to eliminate at least the.-.north 4 spaces and convert that area to landscaping." 3. DETAIL C Site Plan• New Buildina/South End ~ w PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 9 "I move that the Detail C site plan be APPROVED. It is advised that the owner consider re-working the back-out parking at-the entrance to eliminate back-out. This plan is a substantial improvement in parking and drive aisle layout." 4. DETAIL D• Building Addition There are two parts to this area proposal. One is the building addition and the other is general improvements to the entrance drive, parking arrangement and landscaping. Re• Building Addition * VARIANCE REQUEST "I move that the front setback variance for the building addition be Approved for the following reasons: a. A precedent has been set for a 30-foot setback along Youngfield. b. The 30-foot setback will be proportionate to the height of the building". Re• General Site Improvements "I move that the balance of Detail D site plan be APPROVED. I further move that the existing dumpsters that are placed adjacent to Youngfield in this area be properly screened from view as is currently required by our zoning ordinance." b:\wz953.sr CITY COUNCIL MINUTES: April 24, 1995 Page 2 Mr. Solano and Mr. Edwards stated that the first step for the City is to try and get funding from Jefferson County Open Space; at this time it has not been determined exactly how much land is for sale and what the asking price will be. The City is very interested in having this land as Open Space; it is, however, not located within the City of Wheat Ridge, but in unincorporated Jefferson County. LOCAL LIOUOR AUTHORITY MATTERS Item 1. Notice of alleged liquor violation at "Valley Liquors", 4992 Ward Road, Wheat Ridge. Chief Hurst explained that the alleged violation is unlawful sale of malt liquor to a person under 21 years of age. Based upon numerous complaints, Wheat Ridge Police Detectives and an undercover, juvenile police cadet (under the age of 21 yearsi, went to the liquor store and the undercover cadet attempted to purchase beer. The transaction between the person under the age of 21 years, and the licensee, Valley Liquors, was completed and witnessed by two police detectives. This is a violation of state law and a summons was issued. Motion by Mr. Edwards that a Notice of Hearing and Order to Show Cause be prepared by the City Attorney and executed by the Mayor and City clerk and be issued to Hoo Yong Nam, dba "Valley Liquors", 4992 Ward Road, Wheat Ridge, Colorado, based on allegations contained in the attached Request for Show Cause Hearing. The hearing is scheduled for May 22, 1995 at 6:00 p.m. I further move that the Police Department prosecute this case; seconded by Mr. Solano; carried 8-0. PVSLIC HEARINGS AND ORDINANCES ON SECOND READING Ltem 2. Application by Colorado Land Consultants for General Management Company for an amendment to the Planned Commercial Development final development plan with variances for the Applewood Shopping Center, located at 3600 Youngfield Street. (Case No. WZ-95-3) Mrs. 3ehm introduced Case No. WZ-95-3; title was read by the Clerk. Director of Planning, Glen Gidley, was sworn in by the Mayor and presented the case. Mo icn by Mr. Edwards to suspend the Rules and follow 'the procedure outlined in the new proposed rules, that allows for brief statement of staff; the applicant's presentation of his/her case; the opponents statement of position; rebuttal by the applicant; and the new proposed rule change would be rebuttal for the opponent as well; at this time " he asked that we suspend the old rules and follow this new rule; seco~3ed by Mrs. Worth; carried S-0. CITY COUNCIL MINUTES: April 24, 1995 Page 3 Stave Wilsoa, Colorado Land Consultants, 8480 East Orchard Road, Englewood, applicant, was sworn in by the Mayor. He added a few minor details to Mr. Gidley's staff report and answered questions. Motion by Mr. Solano to waive the Council Rules and allow Councilmembers to address the speakers more than twice during this item; there are actually 4 parcels being addressed; seconded by Mr. Edwards; carried 8-0. Jerry Siehl, owner of the shopping center, was sworn in by the Mayor; and addressed some of the issues that had been brought up by Council; showed Council a letter from Mr. Fries, owner of Applejack Liquors, who was not able to attend tonight, but who speaks in favor of the expansion. Ralph Saataagelo, 3801 Wright Court, was sworn in by the Mayor; complimented everybody who helped getting the sound wall on. the north side; is opposed to the proposed Greenhouse Addition and the Good Times Restaurant. rr^eels that Mr. Biehl has done a good job with the rest of the development; asked that the parking requirement be strictly adhered to. Ren Lewis, 3840 Wright Street, was sworn in by the Mayor; also is opposed to the Greenhouse and the Good Times Restaurant. Feels this should have been done by Ordinance. Stated that Walmart does not have to obey the laws the rest of the citizens do. Mr. Solano asked City Attorney, Gerald Dahl, if, in his opinion, this should have been done by Ordinance. Mr. Dahl replied that this did not have to be done by Ordinance. He has consulted with several other attorneys on this matter and they all agreed with him. He cited several case examples and Supreme Court decisions supporting his. statement. Tony Flasco, 4440 Reed S if this should have been done for the good of the simple greed; this whole declaratory judgement to motion. treet, was sworn. in by the Mayor; questioned done by Ordinance; asked if this is being City of Wheat Ridge or if it is pure and thing is premature; table it and ask for a see if this should be done by Ordinance or Maureen Williams, 3490 Youngfield, owner of Applewood Paint and Wallcovering, was sworn in by the Mayor; she definitely needs more space and wants to go into Site Plan C. Asked for approval; this is a , terrific shopping center and tenants have been there for years and' years. Mr. Wilson and Mr. Biehl addressed some of the issues that had been brought up by various speakers and Council. Mr. Biehl withdrew his. application for the Greenhouse Addition for Walmart and asked that B.C. and D. be approved as submitted. ~_ I CITY COUNCIL MINUTES: April 24, 1995 Page 4 Motion by Mrs. Behm that Detail B. Good Times Restaurant be approved with the following conditions:. The parking area near the West 38th Avenue access needs to be revised, to eliminate at least the north 4 spaces and convert that area to landscaping; and that the business hours be restricted to 11:00 p.m. closing; seconded by Mr. Solano; carried 6-2 with Mr. Edwards and Mrs. Fields voting no. Mr. Edwards thinks this should be done by Ordinance. Motion by Mrs. Behm that the Detail C site plan be approved. It is advised that the owner consider reworking the back-out parking at the entrance to eliminate back-out. This plan is a substantial improvement in parking and drive aisle layout; seconded by Mr. Solano; carried 6-2 with Councilmembers Edwards and Fields voting no. Motion by Mrs. Behm that the front setback variance for the building addition be approved for the following reasons: a. A precedent has been set for a 30-foot setback along Youngfield. b. The 30-foot setback will be proportionate to the height of the building. seconded by Mr. Solano. Mr. Edwards asked if this needed a majority vote to pass. He does not feel it meets the criteria for a variance. Motion failed 5-3 with Councilmembers Dalbec, Edwards, and Fields voting no. Motion by Mrs. Behm that the balance of Detail D site plan be approved. i further move that the existing dumpsters that are placed adjacent to Youngfield in this area be properly screened from view as is currently required by-our zoning ordinance; seconded by Mr. Eafanti; failed 2-6 with Councilmembers Eafanti and Worth voting yes. Item 3. Application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two, located at 10241 West 38th Avenue and 3975 Miller Court. (Case No. WZ-95-5) Case No. WZ-95-5 was introduced by Mr. Solano, who also read the title. Mo ion by Mr. Solano that this Item be continued until staff can get the information that is required as part of this item; seconded by Mr. Edwards; carried 8-0. Mr. Solano explained that the following items needed to be addressed before the hearing: The hearing date will be May 8, 1995. Matters 1 through 5 be cured and submitted as part of the package by May 2, 1995. Matters are: 1. Resolution of the emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of any building permits. 2. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 3. Drainage easements need to be reached with the adjacent property owner, staff will have the ability to amend the plan by replacing building lots with drainage retention areas. CITY COUNCIL MINUTES: April 24, 1995 Page 5 4. Staff be authorized to require minor modifications to the design and street system and drainage in order to protect the public health and safety. 5. Restriction of Recreational Vehicle Parking be disallowed and placed on the plan. Mr. Edwards owed for reconsideration of the prior question; seconded by Mr. Eafanti; carried 8-0. Mr. Solano called for his motion; seconded by Mr. Eafanti; carried 8- 0. Item 4• Application by the City of Wheat Ridge for approval of a Conditional Use Permit to. allow the expansion of the Wheat Ridge Municipal Building located at 7500 West 29th Avenue. (Case No. CUP-95-1) Case No. CUP-95-1 was introduced by Mr. Solano; title read by the Clerk. Mr. Gidley presented the staff report. Director of Public Works, Bob Goebel was sworn in by the Mayor and gave report on proposed drainage improvements. Aagelo Saaelli, 7350 W. 27th Avenue, was sworn in by the Mayor; is happy about the irrigation ditch; has reserves about the curb and gutter; would prefer that Police Department move into another building. Harold Jewell, 7360 W. 27th Avenue, was sworn in by the Mayor; had concerns about drainage and parking area. Tom Prose, 7295 W. 28th Avenue, was sworn in by the Mayor; he agreed with the previous speakers; was very concerned about drainage problems; can't see the point of putting in sidewalks; concerned about parking. Bill Wiggins, 2790 Vance Street, was sworn in by the Mayor; would like to see the landscaping maintained; need drainage improvements; neighbors don't want the lower parking lot. Mrs. Ioa Chernin, 7380 W. 29th Avenue, was sworn in by the Mayor; she asked if the ditch, curb, and sidewalk would end right at her property. (This will have to be looked at) l3,RowN,'STETN HYATT FARBER & STRICKLAN'D. PC. M�WAGPII Wheat Ridge City Council Tony Solano, President 7500 West 29th Avenue Wheat Ridge, Colorado 80215-671 USIMEM RE: Request for Rehearing • a portion of the Applewood Village Shopping Center Variance and Final Development Plan Amendment (Case WZ-95-3) The Setback Variance Wheat Ridge City Council May 4, 1995 Page 2 The Plan Revision Without the requested variance, the proposed addition to the Miller Stockman building and related improvements cannot be completed. In addition, without approval of the Final Development Plan amendment, referred to as "Detail D" at the public hearing, the approval of the variance is meaningless. In order to accomplish the desired improvements, the Detail D Plan revision is absolutely necessary. w for further information may be directed to me, or to Jerry Biehl of GMC. We appreciate your consideration of this request, and look forward to working with the Council to resolve these issues and provide a workable solution the parking and traffic issues at the Center. Sincerely, ce A. James cc: Gerald Biehl Glen Gidley Gerald E. Dahl, Esquire Steve Wilson 113327 BROWNSTEIN HYATT FARBER & STRICKLAND, P.C. M 11 31 n LTA I-Theat Ridge City Council Tony Solano, President 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6797 USIMEM RE: Request for Rehearing of a portion of the Applewood Village Shopping Center Variance and Final Development Plan Amendment (Case WZ-95-3) This firm represents General Management Company ("GMC") in connection with the proposed Final Development Plan amendment and variance for the Applewood Village Shopping Center (the "Center") that you considered and approved in part on Monday, April 24th. We are writing to formally request that you rehear the votes on April 24th by which you: 1) denied the requested setback variance along Youngfield Street; and 2) denied the addition of 3,447 square feet ♦ the Miller Stockman building. Discussion of these two matters was very limited, and we ♦ not believe that Council members recognized that denial of these two items would result in a failure to complete the traffic improvements which the Center needs, and the neighbors demand. • J& - made pursuant to Section (5)(b) of the WheatlWge -and is based upon new evidence which could not ha been, with due diligence, es=end at the April 24th hearing. Wheat Ridge City Council May 4, 1995 Page 2 KHMEMINEM Without the requested variance, the proposed addition to the Miller Stockman building and related improvements cannot be completed. In addition, without approval of the Final Development Plan amendment, referred to as "Detail D" at the public hearing, the approval of the variance is meaningless. In order to accomplish the desired improvements, the Detail D Plan revision is absolutely necessary. Any requests for further information may be directed to me, or to Jerry Biehl of GMC. We appreciate your consideration of this request, and look forward to working with the Council to resolve these issues and provide a workable solution the parking and traffic issues at the Center. Sincerely, cc A. James cc: Gerald Biehl Glen Gidley Gerald E. Dahl, Esquire Steve Wilson ~ . BROWNSTEIN HYATT FARBER & STRICIi•LA\TD, P.C. ATTOBNEYS AT LAW TWENTY-SECOND FLOOR 410 SEVENTEENTH STREET , DE:NER, COLORADO BO°02-4437 TELEPHONE (3031 534-6335 T ELECO PIER 1303) 623-1956 _ _ ~p~ ~,z3 - is 5~ VIA HAND DELNERY Wheat Ridge City Council Tony Solano, President 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6797 Bruce A. lames ('!TY OF WHEAT RIDGE May 4, 1995 ~~ inn n~ MAY 0 ~ 1995 '~~~~ INNING & DEVELOPMENT RE: Request for Rehearing of a portion of the Applewood Village Shopping Center Variance and Final Development Plan Amendment (Case WZ-95-3) Dear President Solano and City Council Members: This firm represents General Management Company ("GMC") in connection with the proposed Final Development Plan amendment and variance for the Applewood Village Shopping Center (the "Center") that you considered and approved in part on Monday, April 24th. We are writing to formally request that you rehear the votes on Apri124th by which you: 1) denied the requested setback variance along Youngfield Street; and 2) denied the addition of 3,447 square feet to the Miller Stockman building. Discussion of these two matters was very limited, and we do not believe that Council members recognized that denial of these two items would result in a failure to complete the traffic improvements which the Center needs, and the neighbors demand. This request for rehearing is made pursuant to Section 26(f)(5)(b) of the Wheat Ridge Charter and is based upon new evidence which could not have been, with due diligence, presented at the April 24th hearing. The Setback Variance The variance to allow a 30 foot setback from Youngfield, instead of the required 50 foot setback, is entirely consistent with the other development that has already occurred in the vicinity of the Shopping Center. In addition to Chili's Restaurant, the Bank of Applewood and Conoco have also been allowed to encroach on the 50 foot setback. Ironically, not a single citizen oanosed the variance, and both the planning staff and planning commission recommended Council approval. Refusal to similarly allow the variance requested for the Shopping Center results in a patently unfair and unreasonable result that we are asking the Council to correct so that GMC is not forced to pursue other available legal remedies. Importantly, not a single Council member explained why the Center should be treated differently, and certainly more harshly, than adjacent property owners who have been granted nearly identical setback requests. _r } • • Wheat Ridge City Council May 4, 1995 Page 2 The Plan Revision Without the requested variance, the proposed addition to the Miller Stockman building and related improvements cannot be completed. In addition, without approval of the Final Development Plan amendment, referred to as "Detail D" at the public hearing, the approval of the variance is meaningless. In order to accomplish the desired improvements, the Detail D Plan revision is absolutely necessary. There is no more important issue at the Center than traffic circulation, and your action would directly prevent GMC from implementing a viable solution to the congestion at the Center. To avoid further confusion, please understand that (1) without the variance, the proposed changes in the vicinity of Miller Stockman cannot be made and (2) without those changes, planned improvements to narking, landsca~g,_ rQ adine and drainaee cannot occur and the traffic circulation elan cannot be implemented. This result could surely not have been intended by the Council, and we would like the Council to reconsider its decision so that GMC will not have to further analyze its legal remedies concerning the denial. A Council which is responsive to the issues and concerns of its residents and surrounding neighbors will admit the confusion and misunderstanding which resulted in the vote on Monday, April 24, and immediately reconsider this matter. Therefore, we request that the Council rehear the matter under its authority to do so, and approve the variance request and Detail D Plan revision at its May 8th regular meeting. If for any reason this matter cannot be considered at the May 8th hearing, we would request that it be brought to conclusion no later than the May 22nd regular meeting so that this request can be heard prior to the expiration of GMC's District Court appeal period. Any requests for further information may be directed to me, or to Jerry Biehl of GMC. We appreciate your consideration of this request, and look forward to working with the Council to resolve these issues and provide a workable solution the parking and traffic issues at the Center. Sincerely, cctl ; ~ ,.~ Ccr7i,~J ce A. James cc: Gerald Biehl Glen Gidley Gerald E. Dahl, Esquire Steve Wilson 113327 CITY COUNCH. MINUTES WHE,q CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building MAY 8. 1995 The Regular City Council was called to order by Mayor Wilde at 7:00 p.m. Councilmembers present: Rae Jean Behm, U OR A' ~~ fTl 1~ Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields,-Ken Siler, Tony Solano, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Jim Malone; City Administrator; Robert Middaugh; City Attorney, Gerald Dahl; Parliamentarian, Mary Bahde; Director of Parks & Recreation, Gary Wardle; Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director-of Public Works, Bob Goebel; staff; and interested citizens.' APPROVAL OF MINIITES of Special City Council Meeting, April 17, 1995 and Regular Meeting of April 24, 1995. Motion by Mr. Eafanti for the approval -of the Minutes of April 17, 1995; seconded by Mrs. Fields; carried 8-0. Motion by Mr. Eafanti for the approval of the Minutes of April 24, 1995; seconded by Mrs. Fields; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor Wilde read the Proclamation for National Nursing Home Week, May 14-20, 1995._ CITIZENS'._RIGHT$ TO SPEAK Carrie Mineart, with the Denver lawfirm of Brownstein. Hyatt Farber & Strickland, representing General Management Company, which is the applicant in the Applewood Village Final Development Plan amendment, which was before the .Council on April 24, referred to a letter from her firm dated May 4, addressed to City Council, and asked for reconsideration of Case No. WZ-95-3. She asked that only the portions pertaining to Miller Stockman and the variance, referred to as Detail D, be reheard. Additional information regarding parking is now available and questions that came. up on April 24 can now be answered. She also questioned if a variance was the appropriate way to have handled this matter. -Asked that Council rehear this and set a public hearing date. • CITY COUNCIL MINUTES: May 8, 1995 Page 2 r• Jerry Biehl, 11115 W. 38th Avenue, stated he .will let Ms. Mineart's comments stand for right now. Motion by Mrs. Worth that we amend the Agenda and add this Item as _ Item 12. after the Consent Agenda to hear a show cause whether there is evidence to rehear the issue on the Applewood Shopping Center; seconded by Mr. Edwards; carried 8-0. Motion by Mr. Solano to move Agenda Item 4 up to be Item 2, and move Items 2 and 3 down on the Agenda; seconded by. Mr. Siler; failed 4-4 with Councilmembers Solano, Siler, Fields, and Eafanti voting .yes. . Mayor Wilde broke the tie by voting yes. Motion carried 5-4 with Councilmembers Behm,,Edwards, Worth, and Dalbec voting no. _- Alan Kreaek, 2635 Pierce, gave update on his. building permit that he had spoken to Council about one month ago, He has problems with the way his application was handled. Mike Calkias, 7345 W. 28th Avenue, spoke against the City's decision to exempt itself from making public improvements along Wadsworth. It is difficult for citizens to respect their government if the government places itself above the law.- LOCAL LIOIIOR AUTHORITY MATTERS ,w Item 1. Transfer of Ownership for "Happy Liquors", 4141 Kipling Street, Wheat Ridge. Item 1 was introduced by Mr. Solano. City Clerk, Wanda Sang, gave the staff report. Motion by Mr. Solano to approve the Transfer of Ownership from Thich Minh Chau, dba "Happy Liquors", 4141 Kipling Street, to Tien Van Nguyen, for the following reasons: 1. All applications and fees required Yiy statute have been filed and paid. 2. The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated March 30, 1995. 3. The applicant has been cleared by the Police Department; seconded by Mr. Eafanti; carried 8-0. __ ___ PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4. Application by David Townsend for Faith Bible Chapel West for approval of a two-lot minor subdivision on R-1_zoned land located at 3010 Newland Street. (Case No. MS-95-2) Case No. MS-95-2 was introduced by Mr. Edwards; title read by the Clerk. CITY COUNCIL MINUTES: May 8,-1995 Page 3 Mr. Gidley was sworn in by the Mayor and presented the staff report. Motion by Mr. Edwards that Case No.-MS-95-2, a request for a two-lot subdivision on property located at 3010 Newland Street, be approved for the following reasons: 1. All minimums for R-1 development have been met. 2. All requirements of the Subdivision Regulations have been met; seconded by Mr. Solano; carried 8-0. Motion by Mr. Solano to-move up Agenda Item 3 to be heard at this time; seconded by Mr. Edwards; carried 7-1 with Mrs. Dalbec voting no. Item 3. Application by Fante Brothers Coventry Homes, Inc. for Gary and Marlayne Herrera for approval of a three-lot minor ' subdivision with variances for property located. at 8501 West 38th Avenue. (Case No. MS-95-1) Case No. MS-95-1 was introduced bjr Mr. Solano; title read by the Clerk. - - Robert Pitler, attorney for.Fante Brothers, was sworn in by the Mayor; he was recently retained by Fante Brothers and asked that this matter be tabled for a period of two weeks for the following reasons: there is a substantial dispute with the title and the public records he has reviewed; had problems with easement .and sidewalk requirements; some items need to be discussed further with staff; there is opposition to this plan and maybe things can be worked out to everybody's satisfaction. Glen Gidley presented the staff report. Motion by Mrs. Worth to continue this Item until.-at least two weeks to clear up many problems and inconsistencies;.-seconded by Mr. Siler. After discussion;- Mrs. Worth and Mr. Siler withdrew their motion. Michael S. Chesanoe, 3012 Josephine Street, Denver, was sworn in. He is the engineer and surveyor of-the property. He explained how he had prepared the property survey. Dan Fante, 2173 South Beeler Way, Denver, President of Coventry Homes, was sworn in. He gave background on how the property was sold to the Herreras; there was no fraud and nobody was lied to. John McGuire, City Surveyor, was sworn in and explained how the City survey was conducted and what the results were. CITY COUNCIL MINUTES: May 8, 1995 Page 4 Speaking in opposition to this application and sworn in by the Mayor were: Bud Lehrer, 3838 Dover Street; Teresa Logue, 3810 Cody Street; James Logue, 3810 Cody Street; Cheryl Major-Jaramillo, 3910 Dover Street; Mary Madison, 4015 Dover Street; Jack Wasmund, 4190 Yarrow Court; Lavaun Brewton, 3945 Cody Street; Helea Naanes, 3945 Cody Street; Willard Krieger, 3965 Cody Street; Betty Ayres, 3877 Cody Street; Ray Ayres, 3877 Cody Street; Audrey Carnegie, Vik Odelberg, 3870 Cody Street; Tamara Hamilton, 4205 Dover Street. Their comments were: They are not in favor of duplexes; this is a single family home - community; traffic and noise have already increased since the expansion of Lutheran Medical Center; don't downgrade this neighborhood; the lot sizes call for single family homes, not duplexes; don't cut down the trees; concern about absentee ownership or rentals; listen to the neighborhood opposition; 57 households have petitioned the City to vote against this plan; this kind of development should be discouraged throughout the City of Wheat Ridge, not only in this neighborhood. Gary Herrera, 8501 W. 38th Avenue, current owner of the property in question, was sworn in by the Mayor; he answered Councils' questions as to the background of his purchasing this property and the subsequent deeding back of the building lots to Fante Bros. Motion by Mr. Solano that Case No. MS-95-i, a request for approval of a three-lot subdivision for property located at 8501_West 38th Avenue, be approved with the following conditions: 1. A 15-foot corner radius and 10 feet of right-of=way be dedicated for Cody Street. The plat be revised to reflect these dedications. 2. Lot 2 shall have a minimum of 9000 square feet. 3. Lot lines for lots 1 and 3 may be adjusted prior to recording provided that R-2 district regulations are met. 4. problems with the legal description be corrected; seconded by Mr. Siler. Motion by Mr. Edwards for a substitute motion that Case No. MS-95-1, a request for approval of a three-lot subdivision for property located at 8501 West 38th Avenue be denied for the following reason: subsection 2 of-the subdivision regulations have not been followed; we have no authority to grant this; seconded by Mrs. Fields. Mr. Siler and Mr. Solano will vote against this motion because they don't agree with Mr. Edwards. Motion carried 5-3.with Councilmembers Behm, Solano, and Siler voting no. Motion by Mrs. Worth that-our City Attorney, Mr. Dahl, do a finding of fact to see if our Subdivision Regulations have been violated in this case and if so take the proper steps to prosecute this case; seconded by Mr. Siler; carried 6-2 with Mrs. Behm and Mr. Solano voting no. CITY COUNCIL MINUTES: May 8, 1995 .Page 5 Item 2. Application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two, located at 10241 West_38th Avenue and 3975 Miller Court. (Case No. WZ-95-5) (Continued from April 24, 1995) Case No. WZ-95-5 was introduced by Mrs. Behm; title read by the Clerk. Mr. Gidley presented the staff report. Applicants David Dertina, 10471 West 3rd Avenue, Golden, and Keith Hensel, 7963 Newland Circle, Arvada, were sworn in by the Mayor. They answered some of the questions that had been raised by Council and asked for approval. ,Motion by Mrs. Behm that Case No. WZ-95-5, a-request for approval of a subdivision plat for property located at 10241 West 38th Avenue and 3975 Miller Court, be approved for the following reason: 1. A11 requirements of the Subdivision Regulations have been met; seconded by Mr. Eafanti; carried 8-0. Motion by Mrs. Behm that Case No. WZ-95-5, a request for approval of a final development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be approved for the following reasonst 1. All requirements for a final development plan have been met. 2. It is generally in character with the approved outline development plan. With the following conditions: 1. Resolution of emergency access issues with police and fire departments. The details need to be -- worked out and approved by both agencies prior to issuance cf any building permits.. 2. Adequate provisions be made in the development covenants for. street repair, maintenance and snow removal. 3. If drainage-easements can't be reached with the adjacent property owner,- staff- will have. the ability to amend the plan by replacing building lots with drainage retention areas;_seconded by Mr. Solano; carried 5- 3 with Councilmembers Edwards, Fields and Dalbec voting no. Mr. Edwards voted no; because he is on xecord as saying that-final development plans should be done by Ordinance; he will never again approve anything without the drainage-plan. Item 5. Council Bill 12 --An ordinance amehding the Code of Laws of the City of Wheat Ridge to add the offense of failure. to comply with compulsory insurance regulations. Council Bi11 12 was introduced by Mr. Sler; title read by the Clerk; Ordinance No. 1001 assigned. CITY. COUNCIL MINUTES: May 8, 1995 Page 6 Mr. Siler requested that Item 7 be discussed at the same time as this Item since the. Items are directly related, Randy Davis, Municipal Judge, was sworn in..by the Mayor and answered Councils' questions. Motion by Mr. Siler that Council Bill 12 be approved on second reading. with the addition of subsection (f) to Section-21-14 of the ordinance as recommended by Municipal Court and that the effective date of the ordinance be set at June 15, 1995; seconded by Mrs. Worth. __ Mr. Edwards asked for an amendment in subsection (f) that any defendant who could prove that he-had insurance on the day the violation was issued would not have to pay the assessment and would not be charged with not having insurance. This was accepted by Motion-maker and second as a friendly amendment. Motion carried 8-0. ,Item 7. Budget. amendments regarding Municipal Court Motion by Mr. Siler that the Municipal Court fund budget be__amended to provide a full time deputy court clerk, a half-time clerk typist, and appropriate furniture not to exceed $10,000 for a total budget adjustment from June to December 1995 .of $31,500 in order to implement the compulsory insurance ordinance provisions; and further moved that the Municipal Court revenues be amended to add $31,500 from revenues derived from the compulsory insurance ordinance implementation; seconded by Mrs. Worth; carried 8-b. - ,ORDINANCES ON'FIRST READING Item 6. Council Bill 17 - An Ordinance vacating a portion of Miller _ Street between West 41st Avenue and West 39th Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado. Council Bill 17 was introduced on first reading by Mrs. Behm; title read by the Clerk. Motion by Mrs. Behm that Council Bi11 17 be_approved on first reading, ordered published, public hearing be set for Monday, June 26, 1995 at 7:00 p.m. in City Council Chambers, Municipal Building, and if - approved on second reading, take effect 15 days after final publication; seconded by Mr. Eaf_anti; carried 8-0. ~° ~ ! A CITY COUNCIL MINUTES: May 8, 1995 Page 7 DECISIONS, RESOLUTIONS; AND MOTIONS Item 8. City contribution for Oklahoma City bombing victims. Motion by Mr. Solano that-the City Administrator be authorized to send a $5,000 contribution on behalf, of the City of Wheat Ridge to the Oklahoma City bombing victims and that the $5,000 be appropriated from the General Fund balance and that the budget be amended accordingly; seconded by Mr. Siler; failed 4-4 with Councilmembers Dalbec, Fields, Edwards, and Worth voting no. Mr. Solano left the meeting at 12:45.a.m Item 9. Resolution-1471 - acquisition of Breakfast Queen, 5201 West 38th Avenue. Resolution 1471 was introduced by Mr. Siler; title read by 'the Clerk. Lee Rallis, 1337 Delaware Street, and Patty Gatsiopoulos, 6090 W. 39th Avenue, were present and explained that Ms. Gatsiopoulos is-the owner of the Breakfast Queen; they complained that Ms. Gatsiopoulos had not been properly informed of the City's plans but had read about it in the newspaper. They had a meeting with the Economic Development people but there have been no negotiations as to compensation. Motion by Mr. Siler to postpone this until the first June Study Session; seconded by Mrs. Worth; carried 6-0 with Mr. Edwards abstaining. (Mr. Edwards works for King Soopers). Motion by Mr..Siler that_no contracts be signed in connection with this development at_38th & Sheridan unless Council is brought in and informed of .any negotiations; seconded by Mrs .'Dalbec; carried 5-1 with Mrs. Behm voting no and Mr. Edwards abstaining. Item 10. Motion-to appoint Robert Jobin to the Arborist Board from District IV. Motion by Mr. Siler to postpone this item until the next Council meeting; seconded by Mr. Edwards; carried 7-0. Item 11. CONSENT AGENDA: A. 1995 Computer Fund Purchases. B. Weed Mowing & Trash/Junk Removal Services. (RFB #95-13) Motion by Mr. Edwards for the approval of the Consent Agenda; seconded by Mrs. Worth; carried 7-0. - • ~ ~ - CITY COUNCIL MINUTES: May 8, 1995 Page 8~~ Item 12. Re-hearing of Applewood Shopping Center. _:__~~ Carrie Mineart, representing General Management Company, was sworn in by the Mayor and gave reasons for requesting this reconsideration for the setback from Youngfield Street and addition to Miller Stockmen building.,- .,> . Motion by Mrs. Worth to hold a.re-hearing to discuss the new evidence that was presented by Ms. Mineart at the June 12 ,_ 1995 City Council Meeting; seconded by Mrs. Behm; carried 4-3 with Councilmembers Dalbec, Fields, and Edwards voting no. -`- ,,_ CITY ATTORNEY'S MATTERS Jerry Dahl thanked former City Attorney, Kathryn Schroeder, for handing over the City's files to him in such a professional manner and in such excellent order. ELECTED OFFICIALS MATTERS _.... ~ ._ - R- Teri Dalbec challenged the rest of Council to participate in the Red Cross celebrity wait person night at Traditions Restaurant. Jean Fields asked that the address be made available on Cable to send contributions to Oklahoma. She has real concerns about a Council President who has missed three Study Sessions in a row and.who walks out in a huff when he doesn't get his way in a meeting. Claudia Worth asked that people do not furnish their children liquor for graduation parties. Vance Edwards had a phone-call concerning speeding on Newland; asked about the process on graffiti calls; also encouraged citizens"to help the Oklahoma victims. ICen Siler asked about the Greenbelt meeting (it is on May 17, 1995?. He feels this is not much time to give people notice. Motion, by Mr. Edwards to adjourn; Meeting adjourned at 1:35 a.m. _~ , ; ~p ; ..t lam. seconded by Mrs. Worth; carried 7-0. Wanda Sang, City~G,lerk BY C~~Tl'~~OUNCIL ON MAY 22, 1995 BY A VOTE OF $ TO 4 Tony Solan~py Caounci -500 W'ES? 29?H AVER;uE o. sox sas The City of iVHEAT RIDGE. C03cC,=-0o"3S t3031234b500 ~he8t C~;y Admin. Fax ~ 234~5~2= Police Deot. Fax ~ 235-25»9 _ V'~V idgel May 30, 1995 This is tb inform you that Case No. WZ- 5-3 which is a request for ano ~yal of an amendment to the Plan e omm rcial Development fina~ deve opmen~~ or pp ewoo i age ~ opping Center with variances £or property located at _s~nn yrn,n gf;alA Srraai- will be heard by the Wheat Ridge C; ty r~.,,,,,,,; i in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7;p0 p.m. On ** ,7nna 17, 1995 Ali owners and/or their legal counsel of the parcel under consideratibn mu be present at this hearing before the ri t~ (`rnmci l _ _ .. _ 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. **THE APPLICANT HAS REQUESTED THAT THIS CASE BE CONTINUED UNTIL PLANNING DIVISION JUNE 26, 1995. <pc>phnotice£orm u :,,. _. n,,, M E M O R A N D U M TO: City Council FROM: Meredith Reckert, Planner RE: Case No. WZ-95-3 DATE; May 31, 1995 This case was originally scheduled for public hearing on June 12, 1995. As the required 15-day adjacent property notification has not been met, Staff recommends a continuance until June 26, 1995. Suggested Motion: "I move that Case No. WZ-95-3, a request for an amendment to the Applewood Shopping Center final development plan with a variance, be continued until June 26, 1995". MR:slw attachment MAY - 3 0 - 9 S T~ 1 5 5 5 8 H F S ~ p~~~ BROWNSTEIN HYATT FAItB1rz{ & STRICKLAPID. P.C. Ar~roruvtsYS ei Lww TWGNTY-SECONP rtOOR a~0 SEVENTf[NTN STREET DIiNV88. OOW8AD0 Ba60G-'Ha7 TE~EPNONE (3031634.4336 TEtECO PIER {3031 623.1968 Carrie A. NGneart YJA TEI°EFAGSIMII,Z; 'I'(12'td-1924 Bob Middaugh - City Administrator City of Wheat Ridge 7500 Wcst 29th Avenue Wheat Ridge, Colorado 80215-6797 May 30, 1995 CITY OF t~ynnT ~ G~ tLULi n MAYS C 1°9r; ~~~ J' -PLANNING & DEVELOPMENT 1tE: Applewood Village Shopping Center Variaece and Finat Development Plan Amendment (Case W~95-3} Dear Mr, Middaugh: On Monday, May 8th, the Wheat Ridge City Council voted to rehear those portions of the Apptewood Village Shopping Center plan amendment that provide for a setback variance along Youngfield Street and the addition of 3,447 square feet to the Hitler Stockman bw'lding, which were denied by the Council at its April 24th meeting. We learned late Iasi week that there was some confusion among CIty staff regarding the date of the upcoming rehearing, and that as a result some of the legal notification requirements will not be met for a hearing on June 12th. In addition, we understand that the docket for the 12th is already very fuU, and that the Council may not be able to consider the Applewood Village matter ott~that date due to time constraints. in view of these issues, please schedule the Applewood Village rehearing for the City Council's June 26th meetutg. Please wntact me to confirm the change of schedule, and to discuss any notice requirements that require our assistance. Sincerely, ~ ~,.~~~+ Carrie A. Mineart - cc: Qera[d Bfeh! ~Cftn G7diay Bract A. James, Esq. Y AGENDA ITEM RECAP AGENDA ITEM Meeting Date '. QUASI- JUDICIAL ,x Yes No X PUBLIC HEARINGS CITY ADM. MATTERS ELEC. ' F"ICIA: S MATTERS PROC. /CEREMONIES CITY ATTY. MATTERS ORDINANCES _R 1ST READINC BITES /MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND REARING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEX TITLE: '4Z- 95_3 /Applewood V illage SUMMARY/RECOMMENDATION: This is a request for approval of an a:-:endment to the App ,d Final Development Plan with a variance .,..Dr an addition to the Miller Stockman building. A recommendation of Approval is given, ATTAC S : BUDGETED 1) Staff report ITEM Yes No 3) Fund Dept /Acct # Budgeted. Amount Requested. Expend. Requires Transfer/ upp. Appropriation YeS No SUGGESTED MOTION: "I move that :..e front setback variance for ,.:he Miller Stoc ; b ildinc addition be Approved for the following reasons. . A precedent. has been set for a 30 -ftot setback along Y: ngfield. b. The --) -foo: setback will be proportionate to the height of � re building" AGENDA ITEM RECAP QUABI-JUDICIAL X __ _ Yes No 3C PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS PROC./CEREMONIES CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING _INFORNATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WZ-95-3/Applewood Village SUMMARY/RECOMMENDATION: This is a request for approval of an amendment to the Applewood Village Final Development Plan with a variance for an addition to the Miller Stockman building. A recommendation of Approval is given. ATTACHMENTS: 1) Staff report 2) 3) SUGGESTED MOTION: BUDGETED ITEM 0 Yes No Fund Dept/Acct # _~ Budgeted Amount S _ Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No "I move that the front setback variance for the Miller .Stockman building addition be Approved for the following reasons: a. A precedent has been set for a 30-foot setback along Youngfield. b. The 30-foot setback will be proportionate to the height of the. building~~. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: June 26, 1995 DATE PREPARED:~~,,~~lJ~~une 14, 1995 CASE NO. WZ-95-3 CASE Mp,NAGER:R'Meredith Reckert ACTION REQUESTED: Final development plan amendment with a variance LOCATION OF REQUEST: 3600 Youngfield Street NAME & ADDRESS OF APPLICANT: Colorado Land Consultants for General Management Co. NAME & ADDRESS OF OWNER: General Management Company 13900 E. Harvard Avenue Aurora, CO APPROXIMATE AREA: 29.9 acres PRESENT ZONING: Planned Commercial Development PRESENT LAND IISE: Retail SURROUNDING ZONING: N: R-1; S: R-2, RC 1, RC; E: R-2, Rl-A, RC1; W• A-1 SURROUNDING LAND USE: N: Church, low density residential; S: Commercial, low density residential; E: Low density residential; W: I-70 COMPREHENSIVE PLAN: Commercial Activity Center DATE PUBLISHED: May 28, DATE POSTED: May 27, 1995 DATE LEGAL NOTICES SENT: May 30, 1995 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File &-Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other 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. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 2 I. REQUEST The applicant requests approval of an amendment to the Applewood Village Shopping Center with a variance to permit expansion of the existing Miller Stockman store and develop and improve parking lot circulation and_landscaping in the area of the store_ II. CASE HISTORY City Council reviewed an amendment to the shopping center final development plan April 24, 1995. There were several different portions of the site plan under Consideration, some of which were approved and some of which were denied. One of the portions which was denied was an addition to the Miller Stockman building as represented by Detail 'D'. On March 8, 1995, Council. approved a request to re-hear this portion of the original application. This is the only part of the request being re-heard. The rest of the original decision pertaining to_details A, B and C of the entire plan will remain. III. SITE PLAN Building Addition• (Detail D) This would be a 3447 square foot addition to an existing 15,159 square foot building. This is a retail expansion that would encroach into an existing drive aisle and displace parking/dumpster area with landscaping. We would encourage displacement, or at least proper screening of the dumpsters (as is already required by law). The standard setback requirement from Youngfield is 50 feet where only a 30 foot setback is being proposed_ Staff has concluded that the criteria used to evaluate a variance a variance supports approval of this request. (See Section IV-of this staff report.) There-are other revisions being made to the main entry-way and parking layout in this area, as well as increased landscaping, that we do support regardless of the building addition. IV. VARIANCE CRITERIA The minimum required setback for a structure adjacent to Youngfield Street is 50 feet. The Miller Stockman building addition is being shown as a having setback of 30 feet. Staff has the following comments regarding the criteria used to evaluate a variance request. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 3 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 regulation for the district is which it is located. If the variance is not approved, the property could still be used for retail sales. 2. Is the plight of the owner due to unique circumstances. Youngfield is the only non-State Highway street_in Wheat ridge that is designated as an "arterial" street by .the Major Streets Plan. The reasoning behind the greater setback requirement (50 ft. instead of 30 ft.) for arterial streets was based upon the fact that the State rather than the City controlled right-of-way needs along these highways, and therefore in anticipation of the State needing to widen the "highways" sometime in the future, the greater setback was established. Youngfield is owned by the City, and our Public Works Department indicates that no additional right-of-way will be needed in this stretch of frontage. Additionally, the two buildings to the south (1st Bank drive-up and Chilis~have 30 foot setbacks and the Conoco-has a 20-foot setback, either because they predated our current requirements or were granted variances. Based upon these facts, staff concludes that there are unique circumstances that support the requested variance. 3. If the variation were granted, would it alter the essential character of the locality. If the variance were granted it would not affect the character of the-area. This is based on the fact that the area in front would be totally landscaped and the fact that this building is only 18 feet tall. The setback would be proportionate with the mass of the structure. There are other structures along Youngfield (Chilis Restaurant and adjacent bank) which have a 30-foot setback. 4. Would the particular physical surrounding, shape or typographical condition of the specific property involved result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Staff concludes there is no hardship. PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 4 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. A precedent has already been set fos reduced setback variances along Youngfield. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. The requests for variance are based solely upon the desire to make more money out of the property as additional retail sales space should generate additional leases and sales tax. 7. Has the alleged difficulty or hardship been created by nay person presently having an interest is the property. The hardship has been self-imposed. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood is which the property is located. Granting of the variance for the Miller Stockman building should not negatively affect public welfare or negatively affect improvements in the area. 9. Would 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 or substantially diminish or impair property values within the neighborhood. The Miller Stockman addition should not impact the amount of light and air to adjacent properties because of the limited height of the building and the fact that there are no structures close by. There should be no negative impact. on public streets. There should be no_concern for potential fire danger as there is adequate access on the north and south sides of the addition. The commercial property values in the area should not be affected as it is a similar in appearance-and construction as what is in the area. Staff concludes that the evaluation. criteria support approval of this request. IV. CONCLIISIONS AND RECOMMENDATIONS Staff has concluded that a precedent has been established for setback variances along Youngfield and that there are unique PLANNING COMMISSION STAFF REPORT CASE NO. WZ-95-3 Page 5 is proportionate to the building height, a recommendation of approval is given for the setback variance .and the amendment to final development-plan. VII. SIIGGESTED MOTIONS OPTION A: "I move that the front setback variance for the Miller Stockman building,addition be Approved for the following reasons: a. A precedent has been set for a 30-foot setback along Youngfield. b. The 3d-foot setback will be proportionate to the height of the building". OPTION B: "I move that the front setback variance for the Miller Stockman building addition be Denied for the following reasons: 1. 2. 3. " b:\wz953.sr CITY COUNCIL MINUTES: June 26, 1995 / ~% .. •- ~~ Page -3- Janice Starke, 2175 Urban Drive, representing Doug Bacon, Trustee, was sworn and stated the property was built in the early fifties, and didn't know why a portion of it was deeded to the county. She read into the record a letter from Mr. Douglas Bacon, Trustee & General Manager for the Kendall Street Apartments. Motion by Mr. Edwards that Council Bill No. 18, a request for approval of right-of-way vacation for West 42nd Avenue, West 43rd Avenue and Kendall Street, adjacent to 4265, 4275, 4285 and 4295 Kendall Street and 6215, 6217 and 6219 West 41st Avenue, be approved for the following reasons: 1. The "streets" are substandard according to today's requirements; 2. They have been privately maintained; and 3. It will eliminate many existing nonconformities. with the following conditions: 1. Anon-exclusive utility easement be reserved over the entire area; 2. The applicant work with the Wheat Ridge Fire District regarding the posting of emergency access lanes; 3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall and 6215, 6217 and 6219 West 41st avenue; and 4. Stipulate that the access easement for the occupants and guests of those specific residences and the street vacation itself be filed simultaneously with Jefferson County. Seconded Mr. Solano; carried 8-0. Item 2. Application by Colorado Land Consultants for General Management Company for an amendment to the Planned Commercial Development final development plan with a variance for Applewood Shopping Center located at 3600.Youngfield Street. (base No::WZ-95-3j (Postponed from June 12, 1995) Case No. WZ-95-3 was introduced by Mrs. Behm, the Clerk read the title. Mr. Gidley, Director of Planning and Development, was sworn in by Mayor Wilde; and presented the staff report. The following speakers were sworn in by Mayor Wilde: Gerald Biehl, 1115 West 38th Avenue, applicant for Applewood Village Shopping Center, referred to the Aerial Photo detailing area "D," outlined his request and presented a brief history on the development of the center. He stated he has cooperated with the City and has done everything that has been requested by the City Attorney. L « CITY COUNCIL MINUTES: June 26, 1995 Page -4- Tony Flasco, 4440 Reed Street, spoke against approving the variance because the application does not meet the criteria. Mr. Biehl and staff have stated it is not a hardship and the owner is not being denied use of his property. The other variances were granted under different laws at different times. He opposes granting special privileges to special people. Ralph Santangelo, 3801 Wright Court, adjacent neighbor, spoke in favor of granting the variance. He stated in this case the developer is adding to the structure some 18 feet and requesting a 30 foot setback. The developer will meet all the criteria with that and that is why he doesn't object to this addition and the infringement on the setback. Motion by Mrs. Behm that the front setback variance for the Miller Stockman building addition be approved for the following reasons: a. A precedent has been set fora 30-foot setback along Youngfield Street. b. The 30-foot setback will be proportionate to the height of the building. Seconded by Mr. Siler. Mr. Edwards stated he will be voting against the variance. Following discussion, vote on the motion; tie vote 4-4 (Voted Yes: Behm, Siler, Solano and Worth; Voted No: Dalbec, Eafanti, Edwards, Fields); motion failed. (This needed atwo/third majority to pass.) ORDINANCES ON FIRST READING Item 3. Council Bill 20 - An Ordinance amending Section 16-177 of the Wheat Ridge City Code concerning possession of alcohol by minors. Council Bill 20 was introduced on first reading by Mr. Siler; title read by the Clerk. Mrs. Worth read into the record a Memorandum dated June 16, 1995 from Jack Hurst, Chief of Police, relative to the proposed ordinance -possession and consumption of alchohol by persons under the age of 21 years. Motion by Mr. Siler that Council Bill 20 be approved on first reading, ordered published, public hearing be set for Monday, July 24, 1995, at 7:00 p.m. in the Council Chambers, Municipal Building, and if approved on Second Reading take effect upon passage; seconded Mrs. Behm. carried 8-0. l3RoNv i.N HYATT FARBER & STRICKLAND, P �=12UPINUf Wheat Ridge City Council Tony Solano, President 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6797 RE: Applewood Village Shopping Center Variance and Final Development Plan Amendment (Case WZ-95-3) On June 26th, the City Council is scheduled to rehear those portions of the Applewood Village Shopping Center plan amendment that provide for a setback variance along Youngfield Street and the addition of 3,447 square feet to the Miller Stockman building. These items were before the Council at its April 24th meeting, but were not approved at that time. Variance Criteria June 21, 1•95 Page 2 the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values in the neighborhood. City Code Section 26- 6(D)(2)(c). The evidence • each • these factors strongly supports the granting of the proposet setback variance. Character of Locali1y, Second, visual observation of the area confirms that the Addition would not effect the character of the frontage along Youngfield, and would have only a limited visual impact. There are numerous businesses in the vicinity of Applewood Village that currently encroach on the required setback of 50 feet from Youngfield. AMlication to Other PLqperty. Third, the reasons for requiring a 50 foot setback from Young field are not applicable to this portion of Young field, in contrast to other commercial areas along streets classified as major arterials. According to Planning Staff, the primary reason for requiring a 50 foot setback from major arterials was to provide for future widening and to avR id the tunnel effect of construction close to and on both sides of a major street. It is our understanding that there is little likelihood that Youngfield will ever be widened because: 1) it is not a through street and ends just north of Applewood Village; 2) it is City- owned, rather than State-owned, and thus within the City's control; and 3) it is situated adjacent to Interstate 70. In contrast to other major arterials, such as Wadsworth Boulevard, this portion of Youngfield abuts Interstate 70 along one side. As a result, the potential for development along Jkwmih *f M& OMMMM. - - NN - WUROAMw along this block distinctively different than other locations. Wheat Ridge City Council June 21, 1995 Page 3 Increase Congestion / Impair Property Values. Fifth, the improved traffic circulation, parking, and landscaping will substantially giihance, not impai , the public safety, and will help to reduce traffic congestion. Moreover, the improvements in the appearance of Applewood Village and traffic flow in the area may well enhance property values in the vicinity. ii! 91 1' S o NMI 410 plowl. W. police power 1 f the municipality. June 21, 1•• 5 Page 4 In view of the facts presented regarding the public benefits and lack of public detriment that would result, and the Colorado Supreme Court's decision in the Bohn case, the Council appropriately should grant the proposed setback variance and approve the related development plan amendment, as requested. I will be present at the June 26th hearing, along with other representatives of the owner of Applewood Village Shopping Center, to answer any questions you may have regarding the factual basis for the requested variance, or related legal issues. Sincerely, �j ayuz (B cc A. James cc: Gerald Biehl Glen Gidley Gerald E. Dahl, Esquirel Steve Wilson 11 7302.7 BROWNSTEIN HYATT FARBE% & STAICKLAND, P.C. ATTORNEYS AT LAW TWENTY-SECOND FLOOR 410 SEVENTEENTH STREET DENVER, COLORADO 80202-4437 TELEPHONE (3031 534-6335 TE LECO PIER (303) 623-1956 June 21, 1995 VTA HAND DELIVERY Wheat Ridge City Council Tony Solano, President 7500 West 29th Avenue _ Wheat Ridge, Colorado 80215-6797 Bruce A. James CITY OF WHEAT RIDGE ~ _r_ar~nn nQ JUN 2 2 T995 PLANNING & DEVELDPMENT RE: Applewood Village Shopping Center Variance and Final Development Plan Amendment (Case WZ-95-3) Dear President Solano and City Council Members: On June 26th, the City Council is scheduled to rehear those portions of the Applewood Village Shopping Center plan amendment that provide for a setback variance along Youngfield Street and the addition of 3,447 square feet to the Miller Stockman building. These items were before the Council at its April 24th meeting, but were not approved at that time. As has been previously noted, no opposition to the proposed setback variance and II I, addition (together referred to as the Addition) has been voiced by neighboring landowners, residents, or other members of the public. Instead, surrounding businesses have supported the Addition, as evidenced by the attached letters of support. Importantly, no negative impacts have been identified, and no reasoned basis for denying the Addition was articulated on April 24th or has been identified since that time. The only impacts to result from the Addition, namely improved traffic circulation patterns, landscaping and parking, will be beneficial to the public and the surrounding azea. Finally, the Addition will generate additional tax base to serve the City's needs while not allowing dollars to flow outside the community. Variance Criteria The Wheat Ridge City Code grants the Council broad discretion to consider several factors related to a proposed variance in determining whether to grantsuch a variance. Among those factors are 1) is the plight of the owner due to unique circumstances; 2) would the variation, if granted, alter the essential character of the locality; 3) would the conditions upon which the petition for a variation is based be applicable generally to other property within the same zoning classification; 4) would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the area; and S) would the proposed variation impair the adequate supply of light and air to adjacent property, substantially increase Wheat Ridge City Council June 21, 1995 Page 2 the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values in the neighborhood. City Code Section 26- 6(D)(2)(c). The evidence on each of these factors strongly supports the granting of the proposed setback variance. Unique Circumstances. First, the circumstances surrounding Applewood Village are unique, and relate to the nature and status of Youngfield Avenue. The variance requested is a reduction in amount of setback from Youngfield, because under the City Code Youngfield is classified as a major arterial and as a result a 50 foot setback is required. The portion of Youngfield adjacent to Applewood Village is unusual, because it is near the point where Youngfield dead ends. In addition, Interstate 70 runs along the west side of Youngfield, opposite Applewood Village. As a result of these features, this portion of Youngfield is unusual, and the related setback requirements are not necessarily appropriate in this particular location. Character of Locality. Second, visual observation of the area confnms that the Addition would not effect the character of the frontage along Youngfield, and would have only a limited visual impact. There are numerous businesses in the vicinity of Applewood Village that currently encroach on the required setback of 50 feet from Youngfield. Apulication to Other Property. Third, the reasons for requiring a 50 foot setback from Youngfield are not applicable to this portion of Youngfield, in contrast to other commercial areas along streets classified as major arterials. According to Planning Staff, the primary reason for requiring a 50 foot setback from major arterials was to provide for future widening and to avoid the tunnel effect of construction close to and on both sides of a major street. It is our understanding that there is little likelihood that Youngfield will ever be widened because: 1) it is not a through street and ends just north of Applewood Village; 2) it is City- owned, rather than State-owned, and thus within the City's control; and 3) it is situated adjacent to Interstate 70. In contrast to other major arterials, such as Wadsworth Boulevard, this portion of Youngfield abuts Interstate 70 along one side. As a result, the potential for development along the side of Youngfield opposite Applewood Village has been eliminated, making circumstances along this block distinctively different than other locations. Detriment to Public Welfare. Fourth, there has -been little dispute that the proposed Addition, and the related changes to the Applewood Village Shopping Center that were previously approved, result in benefit, not detriment, to the public and to the many persons who frequent Applewood Village. If the proposed Addition is not approved, the proposed traffic, parking and landscaping improvements, which are in part dependent upon the changes included in the Addition, will no longer be workable. There has been no suggestion that neighboring properties will be impaired or negatively impacted by the proposed Addition, and no such impacts have been identified. Wheat Ridge City Council June 21, 1995 Page 3 Increase Congestion /Impair Property Values. Fifth, the improved traffic circulation, parking, and landscaping will substantially enhance, not impair, the public safety, and will help to reduce traffic congestion. Moreover, the improvements in the appearance of Applewood Village and traffic flow in the azea may well enhance property values in the vicinity. Legal Support for Approving the Addition In circumstances where there is a lack of public opposition, and no demonstrated harm to public safety, health, morals or general welfare, the Colorado Supreme Court has previously recognized that the denial of a variance for a proposed addition to a commercial property constituted an arbitrary and capricious decision. In Bohn v. Board of Adiustment, 271 P.2d 1051 (Colo. 1954), a copy of which is attached for your convenience, the applicant proposed the expansion of a motel located on Colfax Avenue onto adjacent property which was zoned residential. In Bohn, as in this case, the variance had majority, but not super majority, support, and no protests or objections from the public had been presented. In Bohn, there was no evidence that adjacent properties would be injured by granting the variance and as a result, the Supreme Court found denial of the variance produced an arbitrary and oppressive result. Further, the Court noted: It is a fundamental principle recognized by all the authorities that any regulation or restriction upon the use of property which bears no relation to public safety, health, morals or general welfare, cannot be sustained as a proper exercise of the police power of the municipality. Bohn, 271 P.2d at 1054. Under the reasoning of Bohn, the Council's decision must be driven by whether the proposed variance will be detrimental to the public health, safety, morals or general welfare. With respect to the proposed variance, there is no basis for finding that any such detriment will result. Instead, the evidence supports the conclusion that the proposed variance will improve public safety and to enhance public welfare. In such circumstances, a denial of the variance would not be a proper exercise of the City's police power, and would not be sustainable. If anything, the facts before you on this vaziance are more favorable to the applicant than those present in Bohn. In Bohn, the Court reached its conclusion even though the applicants sought a "use variance" requesting to use a property in a manner inconsistent with the residential zoning classification for the property. In a number of jurisdictions, use variances aze generally seen as major variations, and area variances, such as the setback at issue in this case, are seen as minor variations, because exemptions from area restrictions are less likely to impose harm on a community. 6 Rohan, Zoning and Land Use Controls, §43.01[2][a]. As a result of this distinction, many jurisdictions treat area variances less stringently, and grant area variances upon a lesser showing than for use variances. 3 Rathkopf, The Law of Zoning and Planning, §38.01 (Clark-Boardman). Wheat Ridge City Council June 21, 1995 Page 4 In view of the facts presented regarding the public benefits and lack of public detriment that would result, and the Colorado Supreme Court's decision in the Bohn case, the Council appropriately should grant the proposed setback variance and approve the related development plan amendment, as requested. I will be present at the June 26th hearing, along with other representatives of the owner of Applewood Village Shopping Center, to answer any questions you may have regarding the factual basis for the requested variance, or related legal issues. Sincerely, ce A. James cc: Gerald Biehl Glen Gidleyc~ Gerald E. Dahl, Esquire Steve WiGson 117302.1 BOHN v. BOARD OF ADJIISTMENT Coto. IG31 Cite as 271 P.dd 1051 129 Colo. d99 The BRENNAN CONSTRUCTION COM- PANY, Inc., a corporation, Plaintiff in Eh ror, v. CDLORADO SPRINGS COM• PANY, a corporation, et aL, Defendants In Error. No. 17217. Supreme Conrt of Colorado. En Bane Jnne 14, 1954. Rehearing Denied July 6, 1953. Error :o District Court, El Paso County; Joltn \I. \Ieikle, Judge. :1n action based on alleged conspiracy. Jotm H. Gately, Colorado Springs, fur plaintis is error. Murry, Baker & ~Vendelken, Rowan T. Thomas, H. T. McGarry, Albert B. Logan, pro se, Robert L. Spurgeon, Colorado Springs, for defendaatr is error. PER CURIA~f. Judgment a£~irmed without written Opin- ion. w O 1lFY MUMIFl SYf161 i 129 Colo. 500 WIIIiam G. FAIL, plaintiff In error, v. Augusta I. FAIL, defendant in error. No. 17288. Supreme Court of Colorado. Ea Banc. June 21, 1054. Error to District Court, City and County of Denver; Edward C. Day, Judge. Frank A. Bruno, Denver, for plaintis in error. James \V. Creamer and Bernard E. Eng- ler, Denrcr, for defendant in error. PER CL'RI:l\I. Tudgmcnt aiiirmed without written opin- ion. w Q 5[R iYMYFI SYSR!I T 129 Colo. 539 BOHN v. BOARD OF ADJUSTMENT OF CITY AND COUNTY OF DENVER. No. 17293. 1^_0 Colo. 501 Angel[ne SCHAUER, PlalntlR In Error, v. Ila Prtce GLEASON, as Executrix of tha Estate of Roy L Gleason, deceased, De• feadant in Error. No. 17340. Snpt2me Conrt of Colorado En Bana June 21, 1954. Error to County Court, Lorimer County; J. P.obert Miller, Judge. Chester A. Bennett, Ft. Collins, for plain- tis in er:cr. ;Tort p. Fischer, Ward H. Fischer, Ft. Ca.:i.-s, for defendant in error. PER CtiRIA\f. Action on book account. Judgment for plaintis amrmed without written opinion. Supreme Court of Colorado En Banc. June 21, 19.14. Petition for Rehearing Str[c~en July 12, 1953. Proceeding by property holder for va- riance under zoning ordinance of City of Deaver to permit an addition to his e: st- ing motel in residential zone. The District Court, Denver County, Robert H. DIctiVil- liatns, Jr., J., sustained action of zoning board of adiustmenc in denying variance and property holder prosecuted a writ of error. The Supreme Court, Knauss, J., held that where property was on a cross- country arten, which was lined with busi- ness and commercial uses, and no one even remotely claimed that the proposed use of the property would depreciate the value of, or be injurious to, other property in the vicinity, denial of variance was arbitrary 1052 Colo. 271 PACIFIC REPORTER, 2d SEEIES and in violation of the spirit of the ordi- r•er as the Board; and to the Chief Build- aance. ing Inspector as Inspector. Judgment reversed and cause remand- ed with directions. 1. Municipal Corporatlons c}621.58 On appeal from judgment aft'trming action of zoning board of adjustment in denying a vaziance, reviewing court would disregard the evidence offered on the trial and predicate its decision on the record and the findings of fact made by the board. 2 Municipal Corporatlons 0600 any regulation or restriction noon the use of property rchich bears no relation to public safety, health, or morals or general welfare cannot be sustained as a Proper exercise of the police power of the munic- ipality. 3. Municipal Corporatlons X621.34 Where petitioner, whose property was an across-country artery which was lined with business and commercial uses, al- though in a residentat zone, was denied variance to construct addition to his exist- ing motel, even though no one even re- motely claimed that proposed use would depreciate value of, or be injurious to, property in the vicinity, denial resulted in unnecessary hardship, and ryas arbitrary and in violation of City of Denver zoning ordinance section authorizing variances. On Petition for Rehearing 4. Appeal and Error r-X833(4) Petition for rehearing which failed to conform to rule prescribing farm therefor would be stricken. Rules of Civil Proce- dure, rule IIS(c). Walter F. Scherer, Denver, for plaintiff m error. John C. Banks, Earl T. Thrasher, Frank A. Elzi, Denver, for defendant in error. I{DIAUSS, Justice. The parties appear in our Court in the same order as in the trial court. ~Ve here- in refer to plaintiff in error as relator: to the Board of adjustment under the zoning ordinance of the City and County of Den- Relator applied to the Inspector for a permit to construct an addition to his ex- isting motel on eight lots owned by him since 19?Z in the block which faces east on Wolfr Street behveen West Colfax Avenue and Rest 16th Avenue. The property in this block is zoned as Residence "B". The permit was refused. Relator appealed to the Board which sustained the Inspector: he then instituted the instant action in the District Court pursuant to the Denver Citaner and the Zoning Ordinance. After hearing, the District Court held against him, sustaining the action of the Board. To review the judgment so entered relator prosecutes a writ of error. The sole ques- tion involved is whether the evidence en- titled relator to the relief demanded, to rcit. the issuance of a permit to add to his existing motel property. The Board consists of five members and the Denver Charter requires the affirma- tive vote of four of such members to grant a petition. In the instant case three mem- bers of the Board voted affirmatively to grant relator the permit requested and two members voted in the negative. The per- mit, therefore, was denied. When relator's petition, in which he asked for a variation from the require- ments of the Zoning Ordinance under the discretionary power vested in the Board, came before it, no protests or objections thereto were presented. The minutes of the Board, made a part of its return, disclose that its findings of fact are as follows: "FdCLS: * * * 1. That the prem- ises under consideration in the instant case is an 8 lot unimproved parcel of land having a frontage of 200 feet on Wolff Street and a lot depth of 117 feet, said lots being situate in a Resi- dence 'B' Zone. "2. That said lots are situate on the west side of Wolff Street, 2i~ feet north of West Colfax Avenue and I75 feet north of the zone line separating Residence 'B' Zone from a Business 'C' Zone, adjacent to West Colfax Avenue. IY skki I~ i, `B. T operator service s on the Z Avenue ness 'C' "4. T and ope: cent to a service on Lots del's Su Sloans I ing situ: Busines: on lots' a motel. said me cant's p It then block sits Street for the propa etc., and nursery t of Wolff That the west of a dente "F two-farm That the applicanr That the %avier street) Colfax . occupied a philan Donaldsc frontage tending west, is vial "A" eottunen Sectic provides "If the cc that prope co cold. 10"a2 BORN v. BOARD OF ADNSTMENT n..e e~ 2n P._d 10u1 :i BuiId- ;r for a his ex- by him s east on Avenue oerty in 3". The ealed to snector: in the Denver Alter against Board. t relator ale ques- :nce en- zded, to :d to his lets and affirma- to grant .e mem- icely to and two :he per- :ich he recuire- :der the Board, ejections eapart sings of prem- nstant eel of .et on f 117 Resi- ~n the feet :d 17~ -ating ss'C 2nne. " 3. That applicant is the owner and operator of a restaurant and gasoline service station, said uses being located on the V. W, corner of West Colfax Avenue on 4 lots located in the Busi- ness 'C' Zoae. "4. That applicant is also the owner and operator of a motel located adja- cent to and north of the restauran Lu to service station, said motel being on Lots 23 to 34, Inc., Tabor and Kin- del's Subdivision, re-sun of Block 11, t Sloans Lake Subdivision. said motel be- ing situate adiacent to and north of the Business 'C' Zone. "5. That applicant proposes to erect on lots 3~ to 42, inc.. of said Block 11, a motel, consisting of 12 sleeping units, said motel to be an addition to appli- cant's present motel." It then is recited in the "Facts" that the block situate on the east side of Wolff Street formerly was used as a nursery for the propagation and sale of trees, shrubs, etc., and is vacant except that the farmer nursery has a sales building on the comer of Wolff Street and \Vest Colfax Avenue. That the area north, northeast and north- west of applicant's premises is zoned Resi- dence "B" and is improved ttith one and two-family dwellings and bungalow courts. That the west half of the block in which applicant's property is si[uated is vacant. That the frontage on the west side of Xavier Street (ihe block west of Wolff street) and extending north from West Colfax Avenue to R-est 16th Avenue is occupied by the Florence Crittenden Home, a philanthropic institution, and the Mary Donaldson \iemorial Hospital. That the frontage along West Colfax Avenue, ex- tending for many blocks to the east and west, is zoned Busine=_s "C" and Commer- cial ".4" and is improved with business and commercial zone u=_es. Section 219A-7 of the Denver charter provides: "If upon the hearing [the review by the court] it shalt appear to the court that testimon}• is necessary for the proper disposition of the matter, it may Colo.Rep. e61-271 P.^_d-64 take evidence or appoint a referee to take such evidence as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall consxitute a part of the pro- ceedings upon which the determination of the court shall be made. The court may reverse or affirm. n=nolly or partly, or may modify the decision brought up for review." Pursuant to this provision of the charter . he trial court directed the taking of testi- mony, it appearing that the Board did not make a record of the testimony offered by relator at the time his petition was con- sidered b}• it. It is no[ disputed that in 1946 and 1947 the Board granted relazor a variance exact- ly like the one he now requests for the con- struction of the five last units of his motel which he erected on [he lots immediately south of the site in question. The testimony presented to the trial court disclosed the following facts in addition to those set forth in the return of the Board: The lots in question have for over 30 years been used as a public baseball park; that the Florence Crittenden Home is some 60 years old; that other houses in the neigh- borhood are ~0 to 60 years old and some in bad disrepair; that one house north of the hospital and west of reiator's property is 6~ years old, with barns as outbuildings; one house immediately north and east of rela- tor's property tvas described in the evidence as "an old barn that hasn't any water in it, no bathroom, no modern facilities of an}• kind, * * * containing an outdoor privy." On the corner east and south of relator's property a used car business is conducted, and immediately south of Nest Colfax Avenue on Wolff Street is an eight- apartment house building built in the last two years in a Residence "B" zone; and it also appears that the Board granted an ap- plicant apermit to convert some old houses in the same block into a motel, shortly be- fore relator's petition teas denied. It was established that the erection of this addition to the exis[ing motet would not de- preciate the value of the surrounding prop- erty; that relator''s lots, if used for motel l0a`~ Colo. 271 PACIFIC R&PCRTER, 2d SERIES units, would be worth 3?,500 each; and that ii they had to be used for single re=_icence purposes, they would be worth only ;500 each. The Board offered no evidence to dis_nute that offered by relator. Section 616.5 of the_ Denver ZohinP Ordi- nance authorizes the Board to "permit the location in ¢ny auc district of a * automobile tourist court, * .* *." (Em- phasis supplied.) West Colfax Avenue is a through high- way commonly known as Ci. S. Highway -40 and traverses the state from the eastern to the western boundary thereof. Noa-here in this record does it anoear chat aneone even remotelc claimed chat the proposed use of these lots would depreciate the ealue of, or be injurious to, other prop- erty in the vici~tity. 1Vhen the Board heard relator's appeal, the onic witness n'ho ap- peared was relator. His evidence on this occasion was not recorded. [1] The instant proceeding, being a iu- dicial review of the record of the Board of Adjustment, we disregard the evidence offered on the trial in the district court and predicate our decision on the record before us and fhe findings of fact made by the Board. There is nothing in the return of respond- ents which even remoceiy suggests that the contemplated use of relator's property would be injurious or detrimental to ad- jacent properties. ~Vhy the Board granted relator's appli- cation for a variance to permit him to erect [he last five units of his motet and in 1953 denied the instant request, does not appear from the record. The reason why the In- spector and the Board denied relators ap- plication for a variance does not appear. We must assume that it a•as based on the Zoning of this property as Residence "B". Had it been predicated upon injury to ad- jacent property because of the contem- plated addition to the existing motel oper- ation, the Board doubtless would have at (east made a notation on i[s record that [he two dissenting members were of that opin- ion, even though no evidence of that fact appears anywhere. [2] It is a fundamental principle rec- ognized by all the authorities that any reg- ulation or restriction upon the use of prop- erty which bears no relation to public safety, health, morals or general welfaze, cannot be sustained as a proper exercise of the police power of the municipaIin-. [3] In Hedgcock v. People ex rel. Reed, 91 Colo. 155, 13 P.2d 26-1. 265, n•e quoted with approval from People ex rel. v. L"il- lage of Oak Park, 331 Ill. -406, 163 N.E. -1-45, where it was said: " `The ordinance as here applied has produced an arbitran• and oppressive result, and no particular or serious suggestions in defense of its provisions have been presented for our consider- ation.' " This language is most appropriate when we consider the record in the instant case. Now that Nest Colfax Avenue has become a cross-country artery and, as determined by the Board, is lined with business and commercial uses, the character of this ter- ritory, tehere relator desires to build, has changed with passage of time, the action of the Board, and the tacit assent of adja- cent property owners. What at one time may have been considered residential prop- erty no~v has been devoted to business and commercial uses. It is very apparent from this record that the action of the Board in the instant case was arbitrary and capri- cious and kill not stand the test set forth in Hedgcock v. People ex rel., 93 Colo. 5?Z, 57 P.2d 391 and People ex rel. Friedman v. Webber, 110 Colo. 161, 132 P.Zd 133. The ordinance zoning reiator's property as Residence "B" is contrary to the provi- sions of the Denver charter amenameat which provides: "Such regulations [zoning] shall be made with reasonable consideration, among other things, to the character of the district and i[s peculiar suitability for particular uses, and with a view of conserving the value of the buildings and encouraging the mosx appropriate use of the land." ~Ve have carefuliv considered the entire record and are inevitably led to the con- clusion that the literal enforcement of the zoni rest: Ir P2C fror, N.C folk th B tip er tr. tc w gc sh lit pr tic pr of es: In surr and whit to n relat clod. size Harr bits the T1 verse flop relat sped snit 51 K: [4 petit: ing with Prot LEWIS v. OISVER Colo. 1035 Cite as 9r1 P."_d le5ii SZg C010. 479 zoning ordinance in the instant case «ri11 LEWIS v. OLIVER. result in unnecessary hardship to relator. No. 17080. In Cross v. Bilett, 122 Cola. 275, 221 P2d 923, 925, we quoted with approval 6npreme Court of Colorado. from Lee v. Board of Adjustment. ?36 En Banc. \.C. lUi, 37 S.E.2d 128, 163 A.L.R 1, as June 14, 1'Jrt. follows: Petition for Rehearing Stricken (., "`The plain intent and purpose of the statute is to permit, through the Board of Adjustment, the ameliora- tion of the rigors of necessaril}• gen- eral zoning regulations by eliminating the necessity for_ a slavish adherence to the precise letter of the regulations where, in a given case, little or no goad on the one side and undue hard- ship on the other would result from a literal enforcement. "'The board caanot disregard the provisions of the statute or its rep la- tions. It can merely "vary" them to prevent injustice when the strict letter of the provisions would work "unnec- „,„ essary hardship. In the present case it appears that the surrounding area is commercial in nature aad the section of the Zoning Ordinance which authorizes variances was intended to meet just such a situation with which relator is confronted. We, therefore, con- clude that when the Board failed to recog- nize the spirit of the ordinance, by the narrow margin of one vote, it acted ar- bitrarily. Its action is not suppotted by the record. The judgment of the trial court is re- vered and the cause remanded with direc- tion that judgment be entered in favor of relator and against the Board and the In- spector directing the issuance of the per- mit sought by relator. STOKE, C. J., not participating. On Petition for Rehearing. July 6, 19:14. Action under guest statute for death of plaintiffs s son. The District Court, Pue- blo County, J. Arthur Phelps, J, rendered lodgment for plaintiff, and defendant brau:ht error. The Supreme Court, Hol- land. i., held that giving of simple negli- Bence instruction in guest statute case con- s[itutcd reversible error. Reversed and remanded with direc- tions. I. Appeal and Error C;'~I060(I) Trial C~f29 In guest statute case, involving issue as to defendant's intoxication, wherein counsel for defendant, in his final argument to jury, commented on failure of plaintiff to produce blood alcohol test said to have been made at hospi[al, it was prejudicial misconduct for plaintiff's attorney to in- terrupt and state in presence of jur}• that he had requested results of such test and been :effused and that such results, if obtained, would have proved intoxication of defend- ant. '33 C.S.A. c. 16, § 371. 2. Costs X32(!) Tr1aI ~+I33(I) ~Yhen counsel for one of parties is guilty of misconduct, court should declare mistrial and charge costs to transgressor. 3. Appeal and Error «1064(1) Aatamoniles C=''246(2) Giving of simple negligence instruc- tion in guest statute case constituted re- versible error. '35 C.SA. c. 16, § 3i 1. I~tAliSS, Justice. [4] On this Sth day of July, 19:x. on petition for rehearing, petition for rehear- ing is s[ricken because of nonconformity with Pule I1S(c) of the Rules of Civil Procedure (Colo.), as amended. On Petition for Rehearing 4. Appeal and Error 0833(4) Petition for rehearing would be strick- en because of non-conformity with Rules of Civil Procedure. Rules of Civil Proce- dure. rule S1S(c). O I. ii i u ~ i N y _.... s m ... . ~ I N •~ ®~~~~~® I D »» _ 'C7 .I ~ ~ I _ '~. .r ; ;'.: ' _ ,. ii ~ I • as .; _i', I•, ; b j N Z ~ '" _ , ~ k ~ r ~~ T ~ ~ ~~. ~ :.. ~ ~ N ~ ~'. rn. ~ ' -( v ~ ~~ ~; ~~~~ a ~ ,rn O ~ .. ~I ~ ~ . p Z = ° •~ ~ . ~, ~ ;' .z ~ I m v - ' _ • •, ~4 !'~ i ~' i . . ~ • _.t . ` .~. I I F.I , i __ ; I W i - o I ~ a •, i . ~ \\\I ~`J/// _ _ _. ~, . • r, i ' .L i` • ~_ i r .. ! ~c,QQ ` ~2-~5- - dune 30, 1995 Paper Wazehouse 3316 Youngfield St. Wheat Ridge, Colorado 8.0033 Wheat Ridge City Council Tony Solano, President 7500 W. 29th Ave. Wheat Ridge, Colorado 80125-6797 Re: Support for the Proposed Variance and Final Development Plan for Applewood Village Shopping Center Dear President o cu Memoers: My support of the setback variance and the Miller Stockman building expansion is based on common sense reasons. 1. The requested setback vaziance is not any different than other setback variances that are already established along Youngfield Street. This variance would include additional landscaping which would enhance the appearance of the shopping center. 2. In our highly competitive business environment, we all strive to improve our businesses. If we do riot continually become more effective and efficient in the market place, we do not survive. The Applewood Shopping Center is not any different than any other business, it has to compete with other shopping centers to attract consumers. This expansion and variance is just another step to improve the shopping center. I sincerely believe this improvement will benefit the center, the city, the tenants, and most certainly the consumer. Yours truly. ~'/ ~. Donald P. Patrone President Distributed by City Administrator 7-c:-5'S To: Mayort~ Date: Council tl City Clerk t~ Di P ~' City Treas. ~~ Ot~':r: `/// 33~ ~~ strut - ~+eat rJ'lir~c, CO $0033 t3a3~ 232-Q43A June 1, 199' Wheat Ridge City Councll Pony Solaro, Prssidecrt 75{l0 West 29th Awentte Wheat Ridge, CO 80125-G797 Dear President 5olano and City Council ~Xeznbers: We are writing this letter to express our support for ihr pmhn.~d setback variance and ?VXtller Stockman building expansion drat mill be heazd by the council ott June 12, X995. After some discussion and research, we have come to the eanciuston that we are very much in favor of the propasai fnr tke frillnwing reasons: ],'file precedence has been set..aome businesses already exist along Yourtgfield Street that are closer to the street that the reclttired 5D-foot setback. Why would the Applewtxrti ('_enter not he granted the same consideration as those existing busi- nessesT 2. A major problem in our center is traffic flaw and parking. We feel this proposal will impmve these situations. and ¢o deny this variance seems unwise and unrea- sonable. 3. The plan would allow for new landscaping along Youngfield which we consider to be another plus. 4. We believe that the proposed variance would have a positive effect upon the center and she neighbodtood. Please support the variance and plan amendment on June 12Th. Tisank you. Sincerely, and dy Ro. s. Aw Cruld THE . MERCHANTS ~ ~ ;~,~, ~: 3254 Youngfield ' ' ~ `~ ' Applewood.Village S/C ' ? - Wheat Ridge, Cd 80033' ~ ' (303) 234-9282: ~ . ' ; '~ - Wheat Ridge City Council May 29,.1995 Tony Solano, President 7500 West 29th. Avenue Wheat Ridge, Colorado 80215-6797 Re: Support for the Proposed Variance and Final Development Plan Amendment for Applewood Village Shopping Center . Deaz President Solano and City Councfl Members: .This letxer is to express our support for the proposed setback variance and the expansion of the Miller Stoclmian building. T believe the hearing is for June 12, 1995. _ _ We support these proposals with belief that an overall improvement in the plaza landscaping. and traffic circulation willbe made. We also believe that the improved parking and traffic flow will benefit all tke business in the plaza. Expans>on of the Miller Stockman building will provide additional exposure and floor space - opportunities for the business in the plaza. We also notice that the variance regarding the SO foot setback is not unreasonable, as many businesses along Youngfield and other parts of Applewood and Wheat Ridge aze obviously not in compliance, and this should be treated no differently. ,.,. __ As residents and business owners of Applewood, we fully support the proposed plan and other progressive development in the area. Please'support the variance and plan amendment the June 12 meeting. :~. Respectfully,- : , .. _ , _ . . / ~~ /~~~~ ' Geri Mattila-President Gene Mattila- Vice President Colorado's Exciting, Fun and #1 Video Store '• - ID: JUN 26'95 11:55 No.003 P.02 c~pp~ewvad'l~~i~Ba,~e saai~t c~ ~G`aB~eaae~c~~d, 9~ze. 3400 vOUNOl~Eto • wr~CRr eloGt p~WRADO 80033 • PHONE 238.9859 Wheat Ridge City Council June 23, 1895 Tony hfolano, President 7500 We€3t 29th Ave. Wheat Ridge, Co. 80215-6797 Re: suppprt for the proposed variance and finai development plan amendment for the Applawnod village Shopp3ag Comtor. Dear Mr. 3olann anA 4ity Council Mumbores I have I1PP.i7 out Df town and hAVa juot hCaYd about the heEtYluy far the proposed eet back and expansion of the Miller Stockman hUi183ag, z am vo~y much in favor of this p=opaaal. it w.i.ll improve the traff c pattern and enhance the center. it seems to me th pxecedent as already bean set sines other huildingc along Y' ungfield have already ~•~caived this variance. The additional a asuze for this center is important. Especially aoneidering the f tus~x expa~tsiou of 270 and Colfax. T urge you n11 Lcr~voLe foe thta without any xurthez delay. S?,neeiel'Y ry ~4t~1~. l~~tt~Q, Noreen w~.zxiame Owner/President F i Eli s r• u w s s + � • ins i• �.r • ,. • s as , • • s s �� .. - ova 1p rg VF -bays low J li q a fn UA A==l = VIL LAGE PARCEL 2 RIDGEVIEW 4C-FZE& - TI41RD FILING LOT It LOT 20 WAL * WART 131069 SP —l-ANSIC'll i i : o awl D VILLAG I STORY BLOCK 4 5 ICK BLDG. 106102 eq r, -IV I Li PARCEL I J I, 4 I STORY BLOCK 15.1>- pow TORY ff—rcc: rcm - YOUNGFIELD STREET DETAIL "D" STORY BLOCK 5LCa 14.9W aqh LEGEND (a DECIDUOUS TREES EVERGREEN TREES 5WRUE5/PERENNIALS ExISTIWs TREES TO REMAIN TURF 25 SETBACK EXJSTIW,.'5 SFTBACh [4 L%=7 .CWTw :Im 2 " - - w sv-vl 100 " I I I I