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.
` >~~ . .
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NOTICE OF PUBLIC HEARING
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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
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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. The Planning & Development Department is_
open Monday through Friday 8:30 a.m. through 5:00 p.m.
,~ . ,
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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.
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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. "
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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