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HomeMy WebLinkAboutWZ-93-10 M E M O RAND U M TO: Planning Commission FROM: ;-Meredith Reckert, Planner RE: Case No. WZ-93-10 DATE: November 24, 1993 In September of 1992, City Council approved a request for a rezoning on property at 5120 Parfet from Planned Industrial Development to amended Planned Industrial Development and for approval of a final development plan and plat. Attached is a reduced version of the plan that was approved. The plan included 6600 square feet of building area built-out in two phases. The building would be single story. Outdoor storage would occur on Lot 1. Lot 2 would remain vacant. As the owner/developer started finalizing his plans, he discovered there would be substantial monetary savings if the site plan were flipped allowing the drive aisle (and water line) to run down the south side of the property rather than the north. The owner now wishes to construct a 9600. square foot building in the first phase. Outdoor storage, which would occur on Lot 2, would be screened from view. Phase 2 would allow an additional 3000 square feet of office area as a second story with additional parking. These revisions exceed administrative amendment authority allowed under the Zoning Ordinance Sec. 26-25(IX). Therefore, the applicant has applied for a final development plan amendment. In regard to the revised development plan, Staff has the following conclusions: 1. The property has been re-posted, the legal description published and ad,~acent property owners notified h~~ certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met. For the reasons stated above, a recommendation of Approval is given for Case No., WZ-93-10. ~. Memo to Planning Commission Page 2 November 24, 1993 Recommended Motion OPTION A: "I move that Case No. WZ-93-10, a request for approval of a PID amended development plan for property located at 5120 Parfet Street, be Approved for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. AlI other minimum requirements of the PID zone district have been met. OPTION B: "I move that Case No. WZ-93-10, a request for approval of a PID amended development plan for property located at 5120 Parfet Street, be Denied for the following reasons: 1. 2. 3. " <pc>mrmemoll/24 11/24/3595 0942 FRUI`i .pNpN CUNSTRNCT IUN TU 234 ~ P. vi PLANNED USES -LOTS 1 AND 2 THE PLANNED USAGE OF THE DEVELOPMENT W1LL BE PRlMAR1LY UGHTINDUSTRWL L'dCWDING, BUT NOT UMITJ=D TO THE FOLLOWUVG: 1. MAINTENANCE FACILITIES FOR CDNSTRUCTION VEHICLES AND STORAGE DF SAME. Z OUTSDE STORAGE OF CONSTRUCTION MATERUUS USED W UTILITIES CONSTRUCTION. 3. OFFlCE SPAN. 4. OTHER USES COMPATIBLE VATH THE CITY OF WHEAT RIDGE CODE FOR • LIGHT INDUSTRIAL (Q DISTRICT. (SECTION 28-24 OF THE bhlEAT RIDGE CODE ~ LAWS.} S. ACCESSORY USES AND BUILDINGS CUSTOMARILY ASSOCIATED WfRi ALLOWABLE USES. PROJECT DATA -LOTS 1 & 2 PHASE 1: DEVELOPMENT WILL CONSIST OF THE CONSTRUCTION OF A SHOP AND MAINTENANCE FACILITY OP 9600 af. ON PARCEL ONE AS SHOWN ON TFiE ACCOMPANYING MAP. THE STRUCTURE W1LL BE OF STEEL CONSTRUCTION. NO PART OF THE STRUCTURE WILL EXCEED THE MAXIMUM DF 50' IN HEIGHT AS SET FOR1H IN l'HE CITY CODE. EXISTING LANDSCAPNG WILL BE RETAINED ALONG PARFET STREET AND PARKING WILL BE PROVIDED WEST AND SWTH OF THE STRUCTURE AS SHOWN. OUTSIDE STORAGE WILL OCCUR ON LOT 2 UNTIL SUCH TIME THAT IT IS DEVELOPED. THE OUTODOR STORAGE AREA WILL BE SURROUNDED BY A 6' NK>41 SCREENING FENOE do FULLY CONCEAL ALL MATERIALS STORED OUTSIDE PHASE 2: THE OWNER SHALL HAVE THE ABILITY TO CONVERT THE UPPER PORTION OF THE OFFlCE BUILDING l'O AN ADDITIONAL 3000 sf. OFtICE SPACE AT THAT TIME, THE PHASE 2 PARKING SHALL BE iNSTALLET) AS SHDWN. SITE DATA BREAKDOWN -LOT i BUBDING COVERAGE: 9,600.00 sf. 18.20X LANDSCAPED AREAS: 22,591.05 sf 38.14`6 DRIVES PARKING AND OTHER HARD SURFACE AREAS: 27,438.57 af. 45.669. TDTALS ss,229.s2 s.f 100.D0$ . R MAXIMUM FLOOR AREA ° 12,600 s.6 SITE DATA BREAKDOWN -LOT 2 LOT 2 SHALL BE UTILIZED AS OUTSIDE STORAGE FOR THE MAIN USE ON LOT 1. THE STORAGE AREA SHALL BE SCREENED AS INDICATED ABOVE s NO BUILDING PERMITS FOR IHE DEVELOPMENT OF LOT 2 WILL J3E ISSUED UNTIL A FlNAL DEVELOPMENT PLAN HAS BEEN APPROYED. THE LOT COVERAGE BREAKDOWN AT A MINIMUM SHALL BE AS FOLLOWS: LOT COVERAGE: NOT TO EXCEED 90S LANDSCAPED COVERAGE: 10~ MINIMUM MAXIMUM HEIGHT: 50' PERIMETER SETBACKS: IN ACCORDANCE WITH WHEAT RIDGE CODE OF LAMS SECTION 26-24 EXACT SITE DATA BREAKDOWN, SETBACKS ECT. SHALL BE DETERMINED AT THE TIME OF DEVELOPMENT PLAN REVIEW FOR DEVELOPMENT OF LOTS 1 AND 2 THE FOLLOWING SHALL APPLY: ALL LANDSCAPING SHALL HE IN AGCXSRRDANCE WITH WHEAT RIDGE CODE ~ LAWS SECTION 2fi-32 ALL SIGNAGE SHALL BE IN ACCORDANCE WITH MTdEAT RIDGE CODE OF LAWS CHAPTER 26, ARTICLE V ALL OUTSIDE LIGHTING SHALL BE IN ACCORDANC!• WIT~F WHEAT RIDE CODE OF LAWS SEC710N 28-30(S) NOTE: CROSS ACCESS/INGRESS-EGRESS PRIVILEGES: THE OWNER (S} OF LOTS 1 AND 2 OF DENNIS DRAKE MINOR SUBDIVISION. HIS SUCESSORS OR ASSIGNS GRANTS UM1TID RIGHTS AND PRIVILEGE OF ACCESS 70, AND FREE MOVEMENT THROUGH THE CURB CUTS, PARKING AREAS AND DRIVE ALsn.ES 4F LOTS T AND 2 OF DENNIS DRAKE MINOR SUBpi{gSI0N5 WHEN DEVELOPED. SUgi GRANT OF EASEMENT SHALL BE UNITED TO THE OWNERS, TENANTS, CUSTOMERS AND GUE515 OF SUCH PROPERTY TC THOSE ENTERING FROM ABUTTNVG PUBLIC STRET`IS AND BETY~EN LOTS 1 AND 2 OF DENNIS DRAKE MINOR SUBDINSION. ` >~~ . . ~ ~ `~,z-~~-lb NOTICE OF PUBLIC HEARING ~~~- a at ~:-. ~.._ . __~..~. Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on December 2, 1993 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. __ .-- All. interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-93-9• An application by Heinz Silz for approval of a rezoning from Agricultural-One .to Commercial-One and for approval of a site plan for development within the Fruitdale Master Plan area. Said property is located at 4425 Tabor Street and is legally described as follows: That part of Lots 9 and 10, Lee's Subdivision described as follows: Beginning at a point on the east line of lot ten (10), 198 feet north of the southeast corner, thence 210 feet west, thence 132 feet north, thence 210 feet east, thence 132 feet south to the point of beginning; except that part of Lot 10 described in deed recorded under reception No. 89042285. And beginning at the southeast corner of Lot nine (9), thence 210 west, thence 66 feet north, thence 210 feet east, thence 66 feet south to the point of beginning, County of Jefferson, State of Colorado. 2. Case No ZOA-93- A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-6(B) relating to Special Use Permits, and Sections 26-5 and 26-23 relating to Pawn Shops. Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge ~CO 80033. 3. Case No ZOA-93-4• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 25-5. Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots". Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO 80033. 4. Case No OA-93-5• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Subsections 26-22(D) and 26-23(D) relating to the use of semi-trailers, other mobile trailers and shipping ;I .Y ... - containers for the purpose of outside storage and warehousing. Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat'Ridge CO 80033. 5. ~- ~°_ w~.a~-_i°~ An application by Drake Contractors, Inc., for_approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Casa No. WZ-92-5. Said property 3s legally described as follows: THAT PART OF THE NE 1/4 SW 1/4 OF SECTION 16, .TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORAD, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 000 00' 00" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 740 48' 48" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING $ 740 48' 40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526.73 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET; AND PARALLEL TO THE SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET; THENCE N 740.48' 40" E, PARALLEL TO SAID SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET THENCE N 000 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING. e a ATTEST: S dra iggins, retary Wanda Sang, City Clerk To be Published: November 16, 1993 Wheat Ridge Sentinel <pc>pn12/2/93 P.O.BOX 636 TELEPHONE: 303/237-6944 The ~o/ 7500 WEST 29TH~A4 UE . WhIEAT RIDGE. COLORADO 80034 - (,~7C7t eat ~~RV lildge POSTING CERTIFICATION CASE N0. ~~- ~~ - ~ Q PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: /Z-Z-9~~ I, M~~~~~~ ~~~~ , n a m e ) residing at ~j~bU ~itJ• Z-9~ ~I/$ , ( a d d r e s s as the applicant for Case No. (A~~ - q,3 - ( D hereby certify that I have posted the Ptotice of Public Hearing at 51 ~'U Pit ~.F~ r -~7: , on this f ~'~ day of ~y01~E~'173~12, , 19~~j , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign w,s posted in the position shown on the 6 . map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. / ~ /- /~/~ ~ ' ~~ Y P.O. BOX 638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 Wheat Ridge November 18, 1993 __ This is to inform you that Case No. WZ-93-10 which is a request for ~gpreval of prD (plann ~ rnrl„strial Development) aman.l ark -final APValt~nmani- flan for property located at 5190 Parfet Street will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at ~.q~ p_m_ , on December 2, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons-whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform `The Carnation City" 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 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. 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ST O. ~ mw n ^O m on 3`a` mo o W wo .mc. 0~~ o o 3 h m . ao ~ m i v ce m K e m~ m mm m m m w ^ m ,. m? m 3 m n.w m I k ~I V I D 1 n J d _ , P 470 649 609 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVEflAGE PRCVIOEC innmi nren (See Reverse) ~'remar Ind. Park Street and No. T r P.O.. State and ZIP Code ille NY 1057_0_ ntv Pleasa _ _ Postage S Certifietl Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whorn. Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date M d 0 a r. N r d c e 0 m E c LL f! 6 L~ b ~v ~ ~ ~ ' o a ~ . ~~ ~ w o m H CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-93-10 LOCATION: 5190 Parfet Street APPLICANT(S) NAME: Drake Contractors, Inc. OWNER(S) NAME: Edward G. Eid REQUEST: Rezone-£rom A-1 to C-1 and site plan approval APPROXIMATE AREA: .95 acre 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 heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the Facts presented and conclusions reached, it was moved by Commissioner OWENS, seconded by Commissioner QUALTERI, that Case No. WZ-93-10 be forwarded to City Council with a recommendation for Approval for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone district have been met. 3. All other minimum requirements of the PID zone district have been met. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny and Crumpton 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 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 2nd day of December, 1993. Jay Rasplicka, Vice Chairperson Sandra Wiggins, retary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PL NG COMMISSION <pc>resowz9310 Planning Commission Minutes December 2, 1993 With the following conditions: s Page'9 1. That the concerns (numbered 1-9) outlined in Section II. Site Plan of the Staff Report be incorporated into the site plan prior to Council review; and 2. The only uses allowed on the property located at 4425 Tabor Street be the same allowed on the property to the south currently utilized as a produce market. Ms. Reckert asked if Commissioner CERVENY intended to allow screened outdoor storage.- Commissioner CERVENY added a third condition as follows: 3. All outside storage be screened from view with a six-foot- high fence. Items stored would be no higher than the fence. Commissioner CRUMPTON seconded the motion. Commissioner QUALTERI asked if the fence could be a solid wood type fence. Commissioner CERVENY agreed that was his intent. Motion carried 6-0. 2. Case No. WZ-93-10: An application by Drake Contractors, Inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Ms. Reckert presented the staff report. She asked if she could Commissioner QUALTERI asked if a permanent access existed between Lots 1 and 2? Ms. Reckert stated that drive had been accommodated on the plat. Dennis Drake 3911 Simms Court was sworn in. Commissioner QUALTERI asked Mr. Drake if he was in accord with the plan depicting on the south side of the property a fire lane', driveway and access to the rear of the property? Mr. Drake answered yes, he was. answer questions. Commissioner ECKHARDT asked for the correct address of the property. Ms. Reckert answered the correct address was 5190 Parfet Street. . Planning Commission Minutes Page 10 December 2, 1993 Commissioner OWENS moved that Case No. WZ-93-10, a request for approval of an amended final development plan for property located at 5190 Parfet Street (originally approved as Case No. WZ-92-5) be referred to City Council with a recommendation of Approval for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone district have been met. 3. All other minimum requirements of the PID zone district-have been met. Commissioner QUALTERI seconded the motion. Motion carried 6-0. 3. Case No. ZOO-9 - A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-6(B) relating to Special Use Permits, and Sections 26-5 and 26-23 relating to Pawn Shops. Mr. Gidley noted that no one had signed the roster nor was anyone present to speak regarding this case. Mr. Gidley added that this case was before Planning Commission due to a directive by City Council. Council's desire was to change procedures for Special Use Permits, specifically relating to pawn shops. If the amendment is approved the following changes would be made: The special use procedures would change so that rather than the special use permit vesting with the land, it would instead vest with the owner/operator of the property. The amortization schedule would become five years rather than 15 years, or upon discontinuance by current owner of special use. Revocation procedure would be handled through the zoning official; who would bring the matter directly to City Council for a revocation hearing. If Council concluded there was substantial noncompliance so that Council was considering revoking the special use permit, they could grant a continuance to allow the owner/applicant an opportunity to comply. Providing compliance had occurred, ~ouncil could deny the revocation at public hearing. If conditions had not been met, Council could revoke the special use permit. Should the applicant/owner wish to appeal, the matter would be taken to district court. Mr. Gidley explained further.. He noted that if the Council Bill is approved, a definition for "pawn shop" would be added to the Code of Laws and pawn shops would be allowed only in C-2 zone district. SUBDIVISION MEMO AND CONTACT RECORD CONTACT NUMBER : a. UATL: 30 JAN . , 1~`~~+ SUBDIVISION NAME= DENNIS DRAKE MINOR SUBDIVISION ENGINEER= NAME: MAGNI~-IEU ENTERPRISES PHONE= bah-1588 CITY REPRESENTATIVE= REi•~ARKS: 1:HIGHLTGHTEU PAR75 OF LEGAL DON ''f AGREE WITH DRAWING 2: in P_-; of le`-.gal doesn't reach Rt"! ROW (1 .35') ~_ 3: _in P--~"s of legal ':, 73D 39' t4" W nuL along ROW G:_in P-_°, & P-b of` Leg«1 bearing~:> ~haulu agree __ S:_in P-5 of legal doesn't reach Parfet. F~OW ~: boundary doe'ux'i'L clusc 7. _Lot:% landlockad suggest ingressiegr~-~i-~ easement ENGINEER REPRESENTATIVE REMARYS: lioUr conta::t made: person phone leL't~:r R[1PRESENTATIVE: City: __ L17gLnCE?r': .. ~ -~T C:a.llbac:h. 1 _D~~C„~~: Remark: CalLback _2 _Dato=~_ Kerner!;: Callback _~s _Uat%: t~ernar-k: C~~llb~xck N _D~:f't~:e~.,_, Rrnark: Callbac~i•. _ 5 Data':,_ _ Remark: t:ulliJ~iu~,_ ~•_ Uat,,.' _.N_. _ t:4mar!•;. !.. b' NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on February 14, 1994 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 petitions shall be heard: 1. Case No. WZ-93-10: An application by Drake Contractors, inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Said property is legally described as follows: THAT PART OF THE NE 1/4 SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 000 00' 00" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 740 48' 48" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 740 48' 40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526.73 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET; AND PARALLEL TO THE SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET; THENCE N 740 48' 40" E, PARALLEL TO SAID SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET, THENCE N 000 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING. 2. Case No. WZ-93-9: An application by Heinz Silz for approval of site design variances as part of a site plan for development within the Fruitdale Valley Master Plan for property located at 4425 Tabor Street. The variances will be considered concurrently with a zoning case. Said property is legally described as follows: That part of Lots 9 and 10, Lee's Subdivision described as follows: Beginning at a point on the east line of lot ten (10), 198 feet north of the southeast corner, thence 210 feet west, thence 132 feet north, thence 210 feet east, thence 132 feet south to the point of beginning; except that part of Lot 10 described in deed recorded under reception No. 89042285. And beginning at the southeast corner of Lot nine (9), thence 210 west, thence 66 feet north, thence 210 feet east, thence 66 feet south to the point of beginning, County of Jefferson, State of Colorado. 3. Case No SUP-94-1• .. An application by Nina Forgo and Rose Foster for approval of site design variances as part of a site plan for development. The variances will be considered concurrently with a special use permit case. The .properties are located at 3516 and 3536 Jay Street and are legally described as follows: 3436 Jay Street That part of the west 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 25, Township 3 South, Range 69 West known as and referred to as part of Lots 8 and 9, Conway Heights, more particularly described as follows: Beginning at a point 168 feet north of the southwest corner of said Lot 8; thence continuing north on west line of said Lot 8, 125.22 feet, more or less to a point 139 feet south of north line of said Lot 9; thence east and parallel to said Lot 9, 125.67 feet to a point 100 feet west of east line of said Lot 9, thence south and parallel to east line of said Lots 8 and 9, 125.22 feet to a point 168 feet north of south line of said Lot 8; thence west 125.67 feet to point of beginning, County of Jefferson, State of Colorado. 351_ 6 Jay r P+ That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township 3 South, Range 69 West, known as and referred to as part of Lot 8, Conway Heights, more particularly described as follows: Beginning at the southwest corner of said Lot 8; thence north 145.5 feet; thence east 140 feet; thence south 145.5 feet; thence west 140 feet to the point of beginning, County of Jefferson, State of Colorado. ~' ,,. / / , Sandra Wiggins, retary ATTEST: Wanda Sang, City Clerk To be Published: January 18, 1994 Wheat Ridge Sentinel <pc>pnwz9310/wz939/sup941 P.O. BOX 838 TELEPHONE: 303/237-6944 The Crty of 7500 WEST 29TH AVENUE .WHEAT RIDGE. COLORADO 801134 c(W~heat January 28, 1994 - l~ldge This is to inform you that Case No. w~_g~_1n which is a request for _anproval of a PID {Planned Industrial Development) amPndPri fi nat r3PVP1 opment plan for property located at a19n parf At S+ra + -will be heard by the Wheat Ridge ~;+v Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.00 p m , on P r~arv 14 1994 Ail owners and/or their legal counsel of the parcel under consideration mllS~ be present at this hearing before the ~C'itV C'O inri 1 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 «The Carnation City" Dear Adjacent Property Owner: I£ 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 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 i ~ CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT STAFF REPORT T0: City Council ___ Date Prepared:. Feb. 3, 1994 Date of Meeting: February 14, 1994 Case Manager:~eredith Reckert Case No. & Name: WZ-93-10/Drake Action Requested: Amendment to a final development plan Location of Request: 5190 Parfet Street Name & Address o£ Applicant(s): Drake Contractors 7651 West 41st Avenue, Wheat Ridge Name & Address of Owner(s): Same Approximate Area: 1.98 acre Present Zoning: Planned Industrial Development Present Land Use: Contractors office and storage yard Surrounding Zoning: W, 3~ A-1; E, 1 PID Surrounding Land Use: N: railroad; S.~ E: industrial; U,i; substation Comprehensive Plan for Area: Industrial ------------------------------------------------------------------ Date Published:.. January 18, 1994 Date to be Posted: January 31, 1994 Date Legal Notices Sent: January 28, 1994 Agency Check List ( ) Attached ( RX) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (, ) Slides ( ) Subdivision Regulations (XX) Exhibits JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. City Council Staff Report Page 2 Case No. WZ-93-10/Drake I. In September of 1992, City Council approved a request for a rezoning on property at 5190 Parfet from Planned Industrial Development to amended Planned Industrial Development and for approval of a final development plan and plat. Attached is a reduced version of the plan that was approved. The plan included 6600 square feet of building area built-out in two phases. The building would be single story. Outdoor storage would occur on Lot 1. Lot 2 would remain vacant. As the owner/developer started finalizing his plans, he discovered there would be substantial monetary savings if the site plan were flipped allowing the drive aisle (and water line) to run down the south side of the property rather than the north. The owner now wishes to construct a 9600 square foot building in the first phase. Outdoor storage, which would occur on Lot 2, would be screened from view. Phase 2 would allow an additional 3000 square feet of office area as a second story with additional parking. These revisions exceed administrative amendment authority allowed under the Zoning Ordinance Sec. 26-25(IX). Therefore, the applicant has applied for a final development plan amendment. II. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on December 2, 1993. A recommendation of Approval was made for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met. III. STAFF R COMMENDATIONS In regard to the revised development plan, Staff has the following conclusions: 1. The .property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met. For the reasons stated above, a recommendation of Approval is given for Case No. WZ-93-10. City Council Sta££ Report Page 3 Case No. wZ-93-10/Drake IV. RECOMMENDED MOT19N OPTION A: "I move that Case No. wZ-93-10, a request for approval of a PID amended development plan for property located at 5190 Parfet Street, be Approved for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met". OPTION B: "I move that Case No. wZ-93-10, a request for approval of a PID amended development plan for property located at 5190 Parfet Street, be Denied for the following reasons: 1. 2. 3. <pc>mrmemo02/02 ~. i~ . , ` ~ I i i T + / / / ~ i / / / ~ - ~ ~ ~/ I ~ ~' i 1 x ~ \ '` ax y tx +~ k. ,a ~ ~ { i _' '' /~ I P1~.ROPO Prt ;', ~ x x t x, a x ~>~3 ! R ~" - x ~ ~ i acx ~ - '~~ I ~,~ r'ARFET INDUSTRIAL . ~" ~ ~ PARK ~ ` A-I z, W W W Z J W 50TH 4VE I-1 Cf CRAIG CHEVROLET SUP-86-10 s s, ~~r~ o ~~ in WZ-78-8 ~'i. N a ~. - MINOR SUB -~-~ ASE NO. WZ-93-10 _.- _ - EXHIBIT 'A' $$ +c L#e5! ~o~~r $$~~ ~,g G r .a t -_ Y 1 ~~~ 5 t ~ \ \ \~.-+pt i t I ~ t ,L ~ ] ~ t t ~'s E ~t t `o t A. ~ ~ c 1 1£~' t n ' °• 5 t \` a t ~t9 ~ ~~ " [ P tt o. $ tt'~ 5 \ `zz p It 6 i N t~ ¢ t\C l p x ltd o t ~ nc5o• ~\ £ t t ~~ 1 ~ tt ~ o ~ t !I ~. i t ~~ ~ ~t l s tt fit. rr ~ ~ N ~ ~/' i '~ ~~ t =- t ~~ ~ 1 ~ ~ XOaflp v0.5v nY[ I ! j61 ~, o xaalx -_ -- -: ~ Iy____>_____________ ____ ___ ]5t$.]5 x-S RNRPJx( 5[CM1Ox ~a p m1 Ml Iurt a mrt wel5ve.. ..n F3~ C Rg 2€~R~€y$ ~_c{x gg{{ A Ao~(t :. i^;. x'sad~a: 3s:z's£~c `f4-a a4r~-~~ 'fl~~ag?- ~'$.pgr e~'?' ~ ~°"s€€~ ~.~~~_, s¢=~~,: '~g~.°R ~'"5g~.a ~~~Q¢p~ ~~bf~~" ~"Syre ~~~~e~ t£S-Ge C'8 .~ Eq s€Hp'pRe, ¢, a z5;¢ i ¢¢~4~$A .#cc;~5 i3. o e s~x.5,. ~SKge#q 3yi#~~ 1 :~, kgseuk IF:4'.x. x4P ~ Y'~ ~: 3z ~=~ as irk se ~ x- ax1 'a i ~ a S ~ ~ n ~ S ~ ! ~ ] y~~ E# # i3~ d j h~f ~ g M g ^ jrg~£ ~' 5~ v~3 e o Tai ^ ~ e $ ~ 2$~ z'¢~ gh`~ '~~ ° ~ 8 ~~ - sva s §=8 ~ e i ~I = ; ~ E v _"s - Se~_ i i ~ g ~ ~ ~ L z ' ~ ¢~ ~ ~ ~ z .. I ~ #e ~ ~\ t~qt ~ y ~$; ¢ 5 ~F' is~s= ¢~ ~ _ ~ + ¢ f i ~ 23°~ x. 5 i Se~~ 4E ~ ~R, ~XS3R i :. 3: -~ G# . Via. ~= ~ e~~ ea ~„ Sw I=~ .s ~ ~{s "F ~~`~ ?9 ~¢ ¢k ~R ~ ~ KSeR~ O ,G :~~e R'- $n ~~~~ ~.: RAF ~~R .x R~~' S~j ~~E a z ~ _ H r ~ p p W °_~~ r ~ Z oD p d x~z~ W p 'b O ~ .Z7 m ~o o ~ . ~ r c ~ y Z ~ 1 -I # m=moo ,~ ~ a, ?D Z ` ~ ~ O L 7 m ~, ' ~-~ Z ... ~ .-~ ~~~~ z z O~m~ y ~ Z ~1 ~ (n '-O µy Q m~~m h d ~ ~ p ~ ~ A ~ ~--i ~ ~ O A z ;., o ~c . b v °'~,~ o ~ ~=cmio -y ~ 'C Z N h' " 3 p ~ C .. 0 rn ~ ;>. ..-. O N - •= . O O D Z ~--i C o G1 C'~ 0 r ~ X N d li 5 I'~ ~'~ ° r ~~l ,~i~ ~! I I,i ~i 6 i i ~ s~. . N ~ ~ ~. ~~i ~~ -- - r __-_ - ------ - -~- PARFET STREET 1 ~---- ------------ 1 1 sa' ENr. 1 1 .1 ! .1 1 1 1. 7 SrD. SPACES w ~ N I 1 1 ~d i i 1 1 ~ ~~ p 1 1 1 ~ ~~ m 1 1 1 1 ~. ~. 1 . Z 11 ,- y --, " ~ ~$ 1 ~ 1 4 mQ ~ ~ ~ 1 1 1 f ~6 ~ ~ 1~ ~~~ 1 ~ 1 a 11 '- ~- r ~ 11 2 11 1 1 ~ i " 1 c~ 1 i ~~ A 1 1~ ~~ ~ ~~ 1. ti 1 1 ~ ,~ ~ cIy 1 ~ 1 1 1 0 1 1 ` 1 ~ 11 1. 1. 1 1 ., i 1 1 ~ 1 1 .1 1 1 1 1 1 1 ~.--.--__-. -.-_.-~ 1 1.1 ~ 1. 1 0 1 ti ~ 1~ 1 _ ~"" ~ ~' 1 -o i or •a z ,~ CITY COUNCIL MINUTES: February 14,.1994 Page -4- Motion by Mr. Edwards to move up Item 7.; seconded by Mr. Siler; carried 8-0. Item 7. Application by Drake Contractors, inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. ('use `No . WZ-t93:-~_0 ) Mr. Gidley gave the staff report. Dennis Drake, 3911 Simms Court, applicant, was sworn by the Mayor. Motion by Mr. Hall that Case No. WZ-93-10, a request for approval of a PID amended development plan for property located at 5190 Parfet Street, be approved for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met; seconded by .tr. Edwards; carried $-0. Item 5. Council Bill 38 - An Ordinance amending the Code of Laws of the 97`/ City of Wheat Ridge, Colorado, adopting an Article concerning the Licensing and Regulating of Pawnbrokers. Council Bill 38 was introduced on second reading by Mr. Edwards; title read by the Clerk; Ordinance No. 952 assigned. Mr. i+liddaugh referred to his memo that he had distributed tonight, which contains suggested changes to C.B. 38. Chief Hurst, Mr. Middaugh and representatives from EZ Pawn and Pawn One had a meeting during which they reviewed the City's position and concerns. As a result of this conversation the above referenced changes to-the Council Bill were suggested. John Thedford, Tennessee, was sworn in by the Mayor; he thanked Wheat Ridge Officials on behalf of EZ Pawn for working with them and being so helpful and answered questions. Motion by Mr. Edwards that Council Bill 38 (Ordinance 952), adopting certain regulations and licensing requirements for pawnbrokers be approved and the ordinance be effective upon passage; seconded by hfr. Eafanti. Mr. Edwards asked for a friendly amendment to include Mr. Middaugh's suggested changes to Sections 11-181 (D), 11-183(J), 11-183(K), 11-186(B), 11-189(B). Second accepted this. Mr. Solano asked for a friendly amendment to include the following into the Ordinance: "Not withstanding the provisions of this Section, neither a new license or an application to transfer an existing license, shall be required upon any change directly or beneficially in the ownership of any licensed pawn shop which is owned directly or beneficially by a person that as an issuer has a class of Securities' registered pursuant to Section 12, of the Securities Exchange Act of 1934 (The Act) or is an issuer of Securities which is required to file CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT STAFF REPORT T0: City Council Date Prepared: Feb. 3, 1994 J Date of Meeting: February 14, 1994 Case Manager:'~~eredith-Reckert Case No. & Name: WZ-93-10/Drake Action Requested: Amendment to a final development plan Location of Request: 5190 Parfet Street Name & Address of Applicant(s): Drake Contractors 7651 West 41st Avenue, Wheat Ridge Name & Address of Owner(s'): Same Approximate Area: 1.98 acre Present Zoning: 'Planned Industrial Development ` l V Present Land Use: Contractors office and storage yard Surrounding Zoning: N, W;_ A-1; E, ~ PID Surrounding Land Use: N: railroad; ~ E: industrial; W: substation Comprehensive Plan for Area: industrial ----------------------------------------------------------- Date Published: January 18, 1994 Date to be Posted: January 31, 1994 Date Legal Notices Sent: January 28, 1994 Agency Check List ( ) Attached ( XX) Not Required Related Correspondence ( ) Attached (XX) None ----------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides f ( ) 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. ~ PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS _ INFORMATION ONLY AGENDA ITEli TITLE: CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS ORDINANCES FOR 1ST READING LIQUOR HEARINGS ORDINANCES FOR 2ND READING PUBLIC COMMENT ~ RESOLUTIONS Publi-c Hearing - Case No. WZ-93-10 SUMMARY/RECOMMENDATION: The applicant requests approval of an amendment to a Planned Industrial Development final development plan for property located at 5190 Parfet Street.__ A recommendation of approval is given. ATTACHMENTS: BUDGETED 1) staff report ITEM: Yes No 2) 3) Fund Dept/Acct # _ Budgeted Amount S Requested Expend.S _ _ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: "I move that Case No. WZ-93-10, a request for approval of a PID amended development plan for property located at 5190 Parfet Street, be Approved for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have - been met". City Council Staff Report Case No. WZ-93-10/Drake Page 2 I. 1_`n ~Se~Ptember of 1992, C~it~Council a roved a request for a rezoning on proper y at -51 Parfe from Planned industrial Development to amended Planned Industrial Development and for approval of a final development plan and plat. (~ H "~ Attached is a reduced version of the plan that was approved. The lan included 6600 s uare feet of buildin area built-out in two phases. The building would be Outdoor storage would occur on Lot 1. Lot 2 would remain vacant. As the owner/developer started finalizing his plans, he discovered ~ there would be substantial monetary savings if the site lan were (~ ~ ' flipped allowing the drive aisle (and water line) to run the so~utT~side of the property rather than the north. The owner now wishes to construct a 9600 square foot building in the first phase. Outdoor storage. which would ocr~i„r ~y0 r,~} ~ would be screened from view. Phase 2 would allo~~an adds tonal 3000 square feet of office area as a se nn ri atorc arkin ~ with additional P g• ese revisions exceed administrative amendment authority allowed under the Zoning Ordinance Sec. 26-25(IX). Therefore, the applicant has applied for a final development plan amendment. II. P~IANNING COMMISShN ACTION .Planning Commission reviewed this request at a public hearing held on December"~"'T9'3.3'° A recommendation of Approval was made for the following reasons: - 1. The property has been re-posted, .the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met., 3. All other minimum requirements of the PID zone district have been met. III. STAFF REr'OMMENDATION In regard to the revised development plan, Staff has the following conclusions:, 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met. For the reasons stated above, a recommendation of Approval is given for Case No. WZ-93-10. .~...~,~„„ City Council Staff Report Case No. WZ-93-10/Drake Page 3 IV. RECOMMENDED MOTIONS: ~~ OPTION A: I move that Case No. WZ-93-10, a request for approval of a PID amended development plan for property located at 5190 Parfet Street, be Approved for the following reasons: 1. The property has been re-posted, the legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone have been met. 3. All other minimum requirements of the PID zone district have been met". ~~ OPTION B: i move that Case No. WZ-93-10, a request £or approval of a PID amended development plan for property located at 5190 Parfet Street, be Denied for the following reasons: 1. 2. 3. " <pc>mrmemo02/02 Z ~ W I W N Q W w Z J Z 0 _~ W 50TH FVE _ I a I i Cf CRAIG CHEVROLET MINOR SUB SUP-86-10 s •..e. ~:~ ,~ s. I. 1 ~ ~ ~ ' ' ¢ is ~Idl, \_ `8 1.3 i z 1 ~, ~\ Z--~ ° 111 =~.~=~ :R;nz, _qF"' ;od;i S ? I °I .' 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T~~sQ~¢ F Et=~ ~i ii @ CCei !ai F4 i ~; ~o: i e " 'i '3 nE 3 ?5i { .~L 53pS iii .ass p 3~s.8 nl„ ¢ ;fig y45R g5, ~~_~~ - ~-4e s ° ~:~ S ¢ 41 ~ ~v¢ ~R ~Yit V i~q` F ~ 4 d' .3 ~~i 8"Y8SY ~ i E'~ ~~ i' =3s~ 5Y dad:. i 4 .. i ~. 1~y5 si :.R .css ,: 4i ~ VASE NO. WZ-93-10 EXHIBIT 'A' - y O p o { ~ n Z ZDO O to ~ ~,=oD ~_ mwZo DN-+~ ~O O Ac~"z ~?mZ,o mom, n Z A '~ O L7 D CmO~ Z ~, -i O1 ~~ ~. o~mv '+t m D !n !n .'D m ~ ~ m m 0 ._ _' m m m \ ~ :Cl A D N r ~1 O-OT. Z m T1 ~ ~ m Z D m ~ O A N O~ZC ~ ' ~ CD m ~ 7 ~ L] N r O O "-O Z D 0 0 °Rt4 ~ '~ I ~ ~~ '~~ ~, ° __s ~i. ° M1R k A ~qk ~Ri ~£ ~ .S ice[ ~= Y9 [, ~.. I', J~: II °e i " j z ~ ~~ i, s0 I g~~ I Yag 8=~ °",~ z O r p y v '-, ~ z z r, d z 'pC p t/~ ~, ~ v y Z ~ ~, a r ~ ~ z ^~ '~3 z z ~? z _ _ o- =~ d (1 ~; N _ r-~ C v 7 h C a N Z, C C"~ O_ O C O G c~; - a Planning Commission Minutes December 2, 1993 Page 10 Commissioner OWENS moved that Case No. WZ-93-10, a request for approval of an amended final development plan for property located at 5190 Parfet Street (originally approved as Case No. WZ-92-5) be referred to City Council with a recommendation of Approval for the Following reasons: 1. The property has been re-posted, the. legal description published and adjacent property owners notified by certified mail. 2. All minimum setbacks of the PID zone district have been met. 3. All other minimum requirements of the PID zone district have been met. Commissioner QUALTERI seconded the motion. Motion carried 6-0. 3. Case No. ZOA-93-3: A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-6(B) relating to Special Use Permits, and Sections 26-5 and 26-23 ..- relating to Pawn Shops. e Mr. Gidley noted that no one had signed the roster nor was anyone present to speak regarding this case. Mr. Gidley added that this case was before Planning Commission due to a directive by City Council. Council's desire was to change procedures for Special Use Permits, specifically relating to pawn shops. If the amendment is approved the following changes would be made: The special use procedures would change so that rather than the special use permit vesting with the land, it would instead vest with the owner/operator of the property.- The amortization schedule would become five years rather than 15 years, or upon discontinuance by current owner of special use. Revocation procedure would be handled through the zoning official, who would bring the matter directly to City Council for a revocation hearing. If Council concluded there was substantial noncompliance so that Council was considering revoking the special use permit, they could grant a continuance to allow the owner/applicant an opportunity to comply. Providing compliance had occurred, Council could deny the revocation at public hearing. If conditions had not been met, Council could revoke the special use permit. Should the applicant/owner wish to appeal, the matter would be taken to district court. Mr. Gidley explained further. He noted that if the Council Bill is approved, a definition for "pawn shop" would be added to the Code of Laws and pawn shops would be allowed only in C-2-zone district. Planning Commission Minutes December 2, 1993 With the following conditions: Page 9 1. That the concerns (numbered 1-9) outlined in Section II. Site Plan of the Staff Report be incorporated into the site plan prior to Council review; and 2. The only uses allowed on the property located at 4425 Tabor Street be the same allowed on the property to the south currently utilized as a produce market. Ms. Reckert asked if Commissioner CERVENY intended to allow screened outdoor storage. Commissioner CERVENY added a third condition as follows: 3. All outside storage be screened from view with a six-foot- high fence. Items stored would be no higher than the fence. Commissioner CRUMPTON seconded the motion. Commissioner QUALTERI asked if the fence could be a solid wood type fence. Commissioner CERVENY agreed that was his intent. Motion carried 6-0. 2. Case No. WZ-93-10: An application by Drake Contractors, Inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Ms. Reckert presented the staff report. She asked if she could answer questions. Commissioner ECKHARDT asked for the correct address of the property. Ms. Reckert answered the correct address was 5190 Parfet Street. Commissioner QUALTERI asked if a permanent access existed between Lots 1 and 2? Ms. Reckert stated that drive had been accommodated on the plat. Dennis Drake 3911 Simms Court was sworn in. Commissioner QUALTERI asked Mr. Drake if he was in accord with the plan depicting on the south side of the property a fire lane, driveway and access to the rear of the property? Mr. Drake answered yes, he was. ~,. CERTIFICATION OF RESOLUTION ,CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-93-10 LOCATION: 5190 Parfet Street APPLICANT(S) NAME: Drake Contractors, Inc. OWNER(S) NAME: Edward G. Eid REQUEST: Rezone from A-1 to C-1 and site plan approval APPROXIMATE AREA: .95 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list o£ 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 heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner OWENS, seconded by Commissioner QUALTERI, that Case No. WZ-93-10 be forwarded to City Council- with a recommendation for .Approval for the following reasons: 1. The property has been re-posted, the legal description. published and adjacent property. owners notified by. certified mail. 2. All minimum setbacks of the PID zone district have been met. 3. All other minimum requirements of the PID zone district have been met. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny and Crumpton 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 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 2nd day of December, 1993. 5 Jay Rasplicka, Vice Chairperson Sandra Wiggins, retary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLA NG COMMISSION <pc>resowz9310 • AGENDA ITEM RECAP QUASI-JUDICIAL X Yes _ PUBLIC HEARINGS _ PR00.(CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY _ CITY ADM. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS PUBLIC COMMENT _ ELEC. OFFICIALS MATTERS X ORDINANCES FOR 1ST READING _ ORDINANCES FOR 2ND READING RESOLUTIONS AGENDA ITEM TITLE: Ordinance providing for approval of rezoning from Planned Commercial Development (PCD) with limited uses to revised planned Commercial Development (PCD) and for approval of an Outline Development Plan on Land located at approximately 10201 W. 43rd Ave., City of Wheat Ridge, CO SD'MMARY/RECOMMENDATION: described in title. ATTAC$MENTS: 1) Council Bill ~1 2) 3) The' attached ordinance provides for rezoning as BIIDGETED ~ ITEM: ~ LgJ Yes No Fund Dept/Acct # Budgeted Amount $ Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No MOTION: I move that Council Bill ~_ be approved on first reading, ordered. published, public hearing be set for Monday, M/!iP_Gi~ It(- , 1994, at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication. No