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WZ-93-7
~CIT'C OF YftEAT RIDGE PLANN DIVISION STAPF REPORT T0: Plannin3 Commission Date Prepared: March 7, 7988 DATE OF HEFTING: March 77, 7488 Caae Manager: t4eredith Reekert CASE N0. A-NAME: WZ-88-3/RIO COLO OIL COMPANY ACTZON REQUESTED: Rezone from Agricultural-One and Commercial-One to Planned Commercial Development and Approval of Final Plan and Plat LOCATION OF REQUEST: Approximately 70150 West 43rd Avenue NAME ~ ADDRESS OF APPLICANT: Rio Colorado Oil and Gas, Inc. 1658 Cole Blvd, Golden, CO 80401 NAME & ADDRESS OP OWNER: Kipltng Ventures 4251 Kipltng, Wheat Ridge, CO 80033 APPROZIHATE AREA: 4 acres PRESENT ZONING: Commercial-One and Agricultural-One PRESENT LAND USE: Vacant SIIRROIINDING ZONING: P1: C-1; S: C-1 & A-1; W: PRD; E: C-7 SURROUNDING LAND USB:N: retail/office; S: Office; E: Vacant; W: multifamily COHPRENENSIVE PLAN FOR AREA: Kipltng Activity Center Date Published: February 25, 1988 Date Required to be Posted: February 28, t988 Date Legal Notices Sent: February 26, 1988 Agency CheoK List (XXX) ( ) Not Required Related Correspondence (XXX) ( ) Hone ENTER YNTO RECORD: . (XXX) Coraprehenaive Plan (XXX) Case File ~ Packst Materials (XXX) Zoning Ordinance (XXX) Slides (XXX) 3ubdiriaion Regulations (XXX) Exhibits JURISDICTION: The property is within *_De riry or wn.ar.. at~.Aj anA atl nntifinstion and posting requirewents have been met, therefore there ss ~uriadiction to hear this case. ~ ,. STAFF REPORT CASE PIO. NI-3$-3 PLAtININC COMMIS~t1 - MARCH 17, 1988 PAGE 2 I ZI. REQUEST The applicant requests approval of a rezoning from Commercial-One and Agricultural-One to Planned Commercial Development and for approval of a combined Outline and Final Plan and Plat. This request also includes a replat of Kipling Ventures Subdivision. ZONING AtdD SURROUNDING LAND USE Staff concludes that the proposal would be compatible with land use and zoning on the north, east and south. Although it is commercial in nature, it is less intensive than most business operations. The Tennis Facility provides a'land use transition between the 44th/Kipling commercial node and the multifamily development to the west, thereby providing compatibility. III. RELATIONSHIP TO COMFREHENSIYE PLAi1 The Comprehensive Plan designates this area as Commercial Activity Center within th.e Kiolina Activity Center Master plan area. The Commercial Activity Center concept encompasses a range of land use "activities... includi.^.g retail trade, offices, service establishments, restaurants, recreational and amusement establishments, and public transportation stations." The Future Land Use t4ap designates this property as "office" and while the proposal would not meet this specific land use classification, it would meet the intent of the general objectives calling for a broad range of land uses, transition between land uses and eliminaticn of bligh*. IV. SITE PLAN The proposed tennis center would provide seven outdoor courts, six indoor courts, a club house and lounge area. In regard to the Commercial-One Zone District standards used to evaluate planned developments, staff concludes the following: 1. The minimum required front yard setback is ;0 feet when totally landscaped or 50 feet wlth parking, The propasal shows a gat.b3pk V2rying from 7Q fBPY. to 4~ feeY, at the closest point. 2. Using current standards, the westerly side setback should be 20 feet where only 15 feet is prgvided. STAFF REPORT ~ ~ CAS£ ^!0. ~Z-85-3 PLANPiING COMMISSSGN - MARCH 17, t98d PAGE 3 IV. SITE PLAN (continued): 3. Twenty-five feet is required on the rear where only 75 feet is provided. 4. Ten per cent landscaped coverage is required, 20$ has been provided and while Tract "A" has not been included in this figure, it is shown on Sheet tio. 5 as being landscaped. This landscaping may have to be displaced by a fire lane along the north side of the structure. Suffering for the multifamily development to the west is achieved by a row of landscaping next to the building. Staff feels the landscape plan should be revised to show a dense planting screen, such as giant privet or upright junipers which will reach 6 feet c~ more in Height within 3 Years, instead of the 15 pfitzers shown. All other landscaping requirements have been met. Access is via West 43rd Avenue off Kipling. The property, when oriPinally platted, showed a 30 foot ingress/egress easement along- the southern property '.inc. (See Exhibit "A")• The applicant proposes this as right-of-way and would widen the roadway area to 50 feet. Alignment with existing West 42nd Avenue would occur south of the :tewgate Apartment parking lot. The existing plan assumes acquisition of City-owned park land of roughly 10,000 square feet to make the connection and save mature trees at, the southwest ecrner of the parcel. As per the attached memorandum, the Parks and Recreation Commissio. has reviewed this proposal and has given a negative recommendation for disposition of the property. Disposition of City-owned park land requires a unanimous vote of City Council. In regard to the Parks Commission's negative recommendation, the applicant is approaching them on March 16 with a more complete proposal. Upon recommendation of staff, the applicant has prepared an alternative plan which does not rely on the park land transfer for the roadway connection. .See Sheet No. 7. The effect of this on the overall plan requires the parking and drive areas to be shifts, to the east. Public Works has considered both options and from a traffic design standpoint feel botn are acceptable. They will require the connection and have no preference as to how it is achieved. Either way, the applicant will be responsible for full width construction, including curb, gutter and sidewalk. The amount of parking provided is already at a minimum, therefore, any plan revision can not reduce this number. One handicapped spat? i? required where twn arP heing provided. The applicant may want to convert one of these to a standard space. - a STAFF REPORT PLANNING COMMISS t1 - MARCH 1T, 1988 CASE N0. WZ-8$-3 PAGE 4 The proposed building is designed as a 63,470 sauara foot, painted metal structure, with metal roof. There has been no architectural ornamentation, color sche~ae, facade treatment, etc., indicated. Staff is concerned with the lack of detail provided relative to "architectural style^. We are concerned that such large walls and building mass could lead to a monotonous or otherwise unattrative building. A ecordinated design which includes alternative building materials, facade treatment, color changes, or other design features which would break up the feeling of continuous mass, is highly recommended. V. S~JBDZVISION PLAT Per the Planned Development regulations, a plat must always accompany a Final Development Plan. Because this is part of the old Kipling Ventures Subdivision, Sheet 6 is being called a replat. In addition to combining the two lots, Tract "A" is being created for future sale. . An ingress/egress easement running south from 'lest 44th Avenue is being vacated, as well as the private drive (i.e., Nest 43rd Avenue), which is being rededicated as public right-of-way. The Oulette Ditch is 7eing rerouted along the northern boundary of the "old Lot 2". The Ditch Company must have final approval of construction plans. Should the alternate alignment for West 43rd Avenue be approved, the plat must be redrawn accordingly. At the time of this writing, staff has not yet received a copy of the plat. It is reasonable to assume there may be revfsions or corrections which will make any approval conditional. VI. NEIGHBORHOOD RE:ERRAL A meeting for neighborhood input was held on December i5, 1987. Attached are documents from that meeting. VII. AGENCY REFERRALS Arvada Fire District would like a dedicated fire lane easement through Newgate Apartments. They may require an additional fire lane from West 44th Avenue along the rear of the building. The need For this will be determined at the March 15, 1988, Building Code Advisory meeting. A11 plans must, be adjusted accordingly. See attached. Fruitdale Sanitation District will require relocation of sewer line. Applicant must apply for inclusion into District. See attached. ParR~ ~ Reerratic+n Cowwfnrien recommends against the disposal of park Land for roadway purposes. An appeal is being made at their March 16, 1988, meeting. The City Attorney has given a ~~gal opinion on the irQO. of park property for road. STAFF REPORT CASE N0. WZ-88-3 PLANNING COMI4ISSION - MARCH 17, 1988 PAGE 5 VI1. AGEfICY REFERRALS (continued): Public Aork~ has preliminarily reviewed the drainage report. They will require a Special Exception permit for work in the flood plain. See attached. OOLETTS DITC@ COMPANY :oust approve ditch relocation and construction plans. VIIZ.STAFF RECOMMEPJDATIOfIS AND COflCLUSIONS Staff concludes that the proposed use is compatible with adJacent land use and zoning, however we further conclude that additional design information is needed in order to fully assess compatibility. Staff further concludes that the use meets the intent of the Kipling Activity Center Master Plan calling for a broad range of land use and land use transition between tl-.e 44th/Kipling node and the multifamily on the fringe of the Activity Center, however we cannot assess architectural design compatibility. Zn regard to West 43rd Avenue extension, construction of the extension is required but it is a policy decision as to whether park Iand is used for the extension. For the reasons stated above, staff gfves a recommendation of APPROVAL with the following conditions: }. She;ts 7 and 5 be adJusted to reflect status of the fire Iane. 2. Approval be received fro:a Ouiette Ditch Company. 3: Any plat revfsions be made prior to City Council review. 4. More detail concerning building style and design be submitted prior to City Council revier,r. r ^ The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Gash Tnist Applicant Tinda K Address 10200 W. 44th Ave. Phone (303)420-3040 . Owner Linda K. Gash Trust Address 10200 W. 44th Ave. Phone (303)420-3040 Location of request Lot #1 Tennis Center at Clear Creek Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat 8 Final Solid waste landfill/ - (] ** See attached procedural guide uirements ecific re for s mineral extraction permit .~/ ^ Other ~C.. yo~APCDGr"tih A ( ~ O . q p ~ W . Detailed Description of request Change of ~ , ~ y ~ zoning from PCD Kb. C-2~to allow Electrical n~ and miscelTanPnn~ f *' r~x : ~ etr,ra~a n_ f t~mcmrarv trailers trenchers, ~ . ~- s List-all persons and companies who hold an interest in the described real. property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS P Linda K. Gash Trust 10200 W. 4/+th Ave. Wheat Ridge, CO 80033 (303 -3040 I certify that the information and exhibits herewith submitted are true--and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those .persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of .this action on his behalf. ~~ ~ --~ Signature of Applican Subscribed and swornJto me this ~(~day of 19 SEAL Received My commission expires. f ~~ ~ 7 - ~~ Receipt No. Case No. \ Rpcnrdpfl at [ RECEFTIOf~ - RECOn^DED SPECIAL WARRANTY DEED .. n'crnck ~_ M.. iVO. 93i 1;1c25 IN CGUfdTY CF JEFFERSOfd ~.oa STATE CF CC~ORADO THIS DEED, Made this 29th day of July ,133 between `'National Multifamily Housing Corp." a Colorado corporation, ~~400, 10200 W. 44th Avenue Wheat Ridge, CO 80f0~e3 * Coumy of Jefferson ,State of Colorado, grantor(s), and Linda K. Gash Trust C: C~J J whose Legal address is X1120, 1020D W 44th Avenue Wheat Ridge, CO 80033 of the ~ .,, - County of Jefferson ,State of Colorado, grantee(s): WITNESSETH, Thaf the grantor(s), for and in considers[ion oC the sum of Ten and no / ~$10.00)---.------------------------------------------ tn Il-I --n, ereceipt andsuffiaencyofwhrch tshereby acknowledged,ha granted,bargained, sold and conveyed, andbythesepresentsdo VV~grant, bargain, sell, convey and, confirm, unto the gramec(s), its heirs end assigns forever, xll the real progeny, together with improvements, if any,-situate, lying and being in the County of Je f f ers on described as follu\4s: ,State of Colorado, Lots 1 and 2 Kipling Ventures Subdivision also known as Lot 1 and Tract A, Tennis Center at Clear Creek also known by street and number as: approximately 43rd &Kipling, Wheat Ridge, Colorado 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand wha[scever of the grantor(s), either in law or equity, oC, in and to the above bargained premises, wish the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described wish the appurtenances, unto the granee(s), 1tS heirs and usigns forever. The grantor(s), for him self hiS heirs and personal representatives or successors, do covenant and agree [hat shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession oCthe grantee(s), heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). 1N'Vi!S'~'NluSS,;t7~ERE0F, the grantor(s) has executed this deed on the date set forth above. ,}~.+~''~~""' ~ National Multifami y ousing Corp. ) cr ~ . s ; ,;~ cn , ~ ~ , -~ .. ~_ _ STATE OF COLORADO County oe Jefferson The foregoing instrument was acknowledged before me this byM.A. Littman as President of National ^Multifamily Housing Corp. f~a'eAY ,', - REBECCAK.BECK *If in r c nr` } ss. 29th day of July ,1993 Witness my.hand-and-offuu~scaly /, -Mys~iu'hmis 'o~xpi ~ ' ~/~ynJ j~- ~ ,~ / ~,- NaiarY Publi¢ Sr Name and Addrtss of Person Crtenng Newly Created 48et Dcudptiun (§ 3A-35-166.5, C.R.S.) 16. 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I in A ' _.. ~ m ~ o f IJ - 1 v r r m I1 m i m ~, ,c. m r...l ,_., 1'j) - r ,.., ] i.] I 'I n. ..1,} ,,, i_. ,... , {~ } m~ n KIPLING STREET 1'3,-i~~''~;~ a3''pnpF=Cr r7 ~'=~ S aiyy C i+ M~r~nr4'° o~~~'~~~o~? $.:_ zZz ~p~>yA[l Ir~~Tiyr GlpY a,~g~uS ir~z ° a~ Frj Fri ;{ r' <_ u~qx ~ m ~~{{~$ U$ N ID'~'rl T CUbCiu~ >Pa~ A k~Y~ -i $ n b xt m m e ~ ° r a W N b N J J N ni ni 'I T I of m I .p n m z C m r -~ (~. 7 ~_ O ` ~j ~ I~ K 1' ~.( ~ ~ ~y _. _ „ =o "~ A a Z m _ _ - NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING ,IS PROPOSING,=k, REZONING FROM_ I TO. Commercial - 2 Zoning _ _ THE LOCATION OF THIS MEETING IS City Ha11 7500 W. 29th Ave. 6lheat Ridge C0 - THE TIME AND DATE FOR THIS MEETING IS September 16, 1993 @ 6:00 FM to •7:00 PM in THE PURPOSE FOR THIS PROPOSAL IS ;::n;-;-;-~-~n;;;;~~;;-~;W-~;;-r the second floo_r_ conference ^' '~hborhaoii_inp~* end n an c ^ny~uest~ons _~room. The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of -one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood input Meeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, tho 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 kinds of concerns residents normally have include the following: * Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? * What specific changes can be made in the proposal to make it more acceptable to me? After attending the following space and concerns issues or proposal. Please s required to provide application. Neighborhood Input Meeting, please use the the back of this form to list any specific suggestions which you may have regarding this Lgn it and give it to the applicant, as he is these forms to the City along with his PRINT NAME ADDRESS PHONE <pc>notice/neighborhoodmtg/zk ~ 1~ 111 ~ ~, ~fZl 31.31-I~ ' I; ~~ ~ t t ~~o ~~ • _ ~• _ ~, _ - --- - 1 ~fzz -z~~Zf~~o_~a?v-~_C~-a_.~1~ ~ c~y~- `7ur~.!-e~ `Dr '~ -~} ~Ja~u. c..tiao - ~~~ - ____ - ------_ _.~ r- ^ ,~~ ~- 7500 WEST 29TH AVENUE P.O. BOX 638 _ WHEAT RIDGE. CO 80034-0638 _. _ (303) 234-5900 City Admin. Fax ~ 234-5924 - Police Dept. Fax # 235-2949 September 23, 1993 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for ~,,,,,-,..;~, ;;~ ~ ,.,..,,H;;.oa ,,,;+.,;..,. ~:.a F;:...; a_.._,.._-_~_~ _,__ at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by October 11. 1993 No response from you by this date will constitute no objections or concerns regarding('~4~r=~yb~d~,~~a¢~.)d)GE CASE NO: WZ-93-7/Gash O t-t'-'~~n OGT 0 4 1993 LOCATION: Approximately 10201 West 43rd Avenue ~t REQUESTED ACTION: Rezoning from Planned Commercial Dev ~-'en~+~F~ C-1 uses to Planned Commercial Development (PCD) with C-a~.A(~~'~'$ & DEVELOPMENT PURPOSE: To allow office/warehousing & contractor's storage yard APPROXIMATE AREA: 3.5 acres 1. Are public facilities or services provided serve t~s development? by your agency adequate to YES NO If "NO", please explain below. 2. Are service lines. silable to the development? YES NO If "NO", lease explain below. sgrvine Isne c,~,-s~• w~~c~ be a~~tQ~e of a.Pp4~c 3. Do you h e adequate capacities o service t e development? YES ~NO If "NO", please explain below. n~. W '_ tt: ~ P O ~~ ~~p, t~ 4. Can and will your agency service this proposed development subject to your ru1~S and regulations? YES / NO If "NO",-please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval/of th~'s request? Cg r ~~~ IZ-Irtt~t ~VnI~ S@WG^,,//~Y'osSeS 7'Nl°> S~tC'r S~C~ al. +ed ake r Please reply to: ~n(~Wvi M Reckert "Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) Denver Water Bd. XX Sanitation District Fruitdalej XX Fire District ( Arva ad ) ~' Adjacent City ( ) XX Public Service Co. XX US west Communications XX State Land Use Commission XX State Geological Survey XX Colorado Dept. of Transportation <pc>referralform 06-26-92 TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police Dept. Wheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division r, ,;,.,.,,~~,~,,,.., -- ~~ I~ Ni ~~ I Z ~i-~•~~ " :~ ` 1 ~ l ' \, '~ I I ,~ ~ ~1 ~; ~ _ ~l g ~~ I a ~~ t i N ~~ II ~.~_.I it 1~ lj ~ ` ~ ~ II '~ ~i 1 11 1 1 m -------------------~ t ---~---- -------------=a ~` r O -i r P E~,O ~~~ _' gm z L~ Z n yl 7~ y~ 4 ~? ,~ ='i i~ . L m D c m • • I II~j'i o z ~ r7 ~~! ~ ~® c ~~ c -~ _ ~~ ~"' ~m c~ ~ ~~ ~ w ~ .17 ..2-[ ~ ~ i' . 2 A r s z 3 7500 WEST 29TH AVENUE P.O. BOX 636 _ _ - The City of WHEAT RIDGE. CO 60034-0638 (303)234-5900 ~~leSt City Admin. Fax # 234-592a Police Dept. Fax # 235-2949• idge September 23, 1993 The Wheat Ridge Department of Community Development has received a request. for aTuproval of a nomhined bn lin and final f1PVPlOpmPnf plan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Octoberll, 1 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-7/Gash LOCAT--ION: Approximately 10201 West 43rd Avenue.. REQUESTED ACTION: Rezoning. from Planned Commercial Development (PCD) with C-1 uses to-Planned-Commercial Development-(PCD) with C-2 uses PURPOSE: To allow office/warehousing & contractor's storage yard APPROXIMATE AREA: 3.5 acres _ 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO",.please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should??AAalIf--fe~ct~" ~~~~a--~ppr/ov~al H~of this request? Please reply to: i6vLUJGC.w+<~- I;~l~il~ M. Reckert Department of Planning & Development DISTRIBUTION: XX Water District-(Valley ) Denver XX Sanitation District (FruitdalEj XX Fire District ( Arvada ) Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado_Dept. of Transportation <pc>referralform 06-26-92 ` Water_Bd. TCI o£ Colorado Jefferson Co. Health Dept. ' Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife. Wheat Ridge Bld Division Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850-FAX (303) 422.4569 September 28, 1993 Ms. Meredith Reckert wheat Ridge Department of Community Development 7500 W. 29th Ave. P.O. Box 638 Wheat Ridge, CO. 80034-0638 ~1TY OF WHEATRIDGE ~. f i'.~1~._Sl~' SEP 3 Ia(1`993 ~~1~ U PLANNING & DEYELOPA9ENT RE: Gash/ WZ-93-7 10201 W. 43rd Ave. Dear Meredith, We have reviewed the site plan for this location and have the following comments. 1. Fire protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 1, 7900 W. 57th Ave. 2. The site plan is not provided with dimensions and we would request that a plan be submitted with all dimensions. We will attempt to address all of our concerns. 3. All-weather access roadways minimum of 20 feet of unobstructed width, capable of supporting the imposed loads of fire apparatus need to be provided to within 150 feet of all portions of every building. UFC 91 10.203(aj,(b}. 4. The turning radius needs to be a 43 foot outside and a 30 foot inside. UFC 91 10.204(c}. 5. Eire Lanes will need to be a minimum of 20 feet of unobstructed width and be posted No Parking Fire Lane with signs that meet City of Wheat Ridge Standards. UEC 91 10.206. 6. we will need information on the proposed construction type of each building, height and intended use for the determination of required fire flows and if special fire protection systems will need to be provided. UFC 91 Appendix III-A. 7. Water lines and fire hydrants will need to be installed, operational and capable of providing required fire flows prior to above grade construction. UFC 91 10.401,501(a}. Page Two 8. Additional comments will be made as further information is obtained. Sincerely, Arvada, Fire Protection D-istrict Steve S~eicTl~ Deputy Fire arshal OC7 5 '93 10:5 FROM PSCO NMR MKTG . PAGE. 002 October 5,1993 MeredithReckeRS~ Fmm: I.. Hawkins 7?ublic Service Co. of t:oloredo 120: Case No: SUP-93.6/Lpsgaso 5120 Parfet St. Case No: WZ-93-7/Gash 10201 W, 43rd Ave We have examined the plans and checked the facilities in thefieldforboth oftheseprojais. Tn both cases we havc ample ceP~Y m pmvide service as needed, but in bath woes Public Service will seed to extendelectric snd~s into thedescri6adpmpcr6es asnecessary whcn finalplans are submitted aad poufs of service are determiaed. L.I3awlins G~LCi ~~V Nt sic T(1TA1 Pq(;F. Rq? ac Nc VALLEY WATER DISTRICT P.O. BOX 9 12101 WE5T 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 4245661 September 30, 1993 City of 6vheat Ridge Meredith Reckert P.O. Box 638 6vheat Ridge, CO 80034 Dear Meredith: CITY' 0~ Wl-""^T RIDGE ~~ ' .~ D ~ ~~~ _ ~ ~ ~= PLANNING & DEJtLOPMF~6 Attached is the response to your inquiry for Case #~vZ-93-7/ Gash located at approximately 10201 Lv. 43rd Avenue. Additional water main lines and fire hydrants will be needed to provide service to the development and meet Arvada Fire Protection District requirements. If you have any questions, please contact me. Sincerely, Robert Arnold District Manager L_. ~ _ °.GITY OF 'WHEAT RT1~'G~ r' SGT Q ~ 1993 -~-r~-i`c~i PI.AN~1tf~G & 7500 WEST 29TH AVENUE ~_~ P.o. aox 63s The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 2352949 ~Rldge September 23, 1993 L7 The Wheat Ridge Department of Community Development has received a request for a orcn>a1 _n _ -_ , ,~~-_ ._ ~- - at Your response to ..the followi _ __ .~ would be appreciated b ng questions and any comments on this proposal date will constitute no ob3ections1or~concerns regardpngsthisoproposal,this CASE NO: WZ-93-7/Gash LOCATION: Approximately 10201 West 43rd Avenue REQUESTED ACTION: Rezoning. from Planned Commercial Development (PCD) with C-1 uses to Planned Commercial Development (PCD) with C-2 uses PURPOSE: To allow office/warehousing & contractor's storage yard APPROXIMATE AREA: 3.5 acres 1. Are public facilities or services provided by your agency adequate to serve this development? NO - _ YES .,_ If "NO", please explain below. 2. Are service lines available to the development? YES NO I£_"NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO___-. If "NO.", please explain below. 5. Are there any concerns or problems your agency has identified which wow;-d o~ shoul af~ect~approval of his ~r~e~qu~¢t? - Please. reply to: ~A~j~w~ ~ ~/~/ Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) Denver XX Sanitation District (Fruitdale) XX Fire District ( Arvada ) Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Water Bd. TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners ..Wheat Ridge Post Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridnge Bld Division . _ _ _.-, 500 WEST 29TH AVENUE P.O. BOX 638. WHEAT RIDGE. CO 80034-0638 -- - (303)234-5900 City Admin. Fax # 234-5924 September 23, 1993 Police Dept. Fax # 235-2949 The City of Wheat ~Rldge The Wheat Ridge Department of Community Development has received a_request fo=• a~~roval cf a nomhinPd rnitlinP and final davPlnnm Pnt zlan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by October 11, 1993 No response from you by this__ date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-7/Gash LOCATION: Approximately 10201 West 43rd Avenue REQUESTED ACTION: Rezoning from Planned Commercial Development (PCD) with C-1 uses. to Planned Commercial Development (PCD) with C-2 uses PURPOSE: To allow-office/warehousing & contractor's storage yard APPROXIMATE AREA: 3.5 acres 1. Are public facilities or services provided by your agency adequate to serve is development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you ~kiave adequate capacities to service the development? YES / NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your riles and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your. agency has identifie~l~~uhi~ts0~~ would or should affect approval of this request? ~~~-~ ~-~~ '~J. ,,//~~~c`~~~"~ ~ fit`' Please reply to: j~[!(~j'j/G(,,fitiyC. ~~/~,~~,1{,L{~ M. Reckert V~r r' •!~ ~ ni~~3 'Depdrtment of~Planning & Development ,~ ~ DISTRIBUTION: ~- -~~ViLOPNIENI XX Water District (Valley ) Denver Water Bd. TCI of Colorac~,pNi4i~•~ '~ XX Sanitation District (Fruitdal~ Jefferson Co.-Health Dept. XX Fire District ( Arvada )_ Jefferson Co. Schools Adjacent-City ( ) Jefferson Co. Commissioners XX Public Service Co. Wheat Ridge Post Office XX US West. Communications -XX Wheat Ridge Police Dept. State Land Use Commission XX Wheat Ridge Public Works Dept. State_Geological Survey XX Wheat Ridge Parks & Recreation Colorado Dept. of Transportation Colorado Div. of Wildlife <pc>referralform 06-26-92 Wheat Ridge Bldg. Division a .,.......n•.,.,. . ~ ., 7500 WEST 2°TH AVENUE P.o. sox 63s The City of WHEAT RIDGE. CO80034-0638 (3031 234-5900 cWheat City Admin. Fax ~ 234-5924 PoLce Dept. Fax ~ 2352949 Ridge September 23, 1993 Mr. Richard Gash 10200 West 44th Avenue Wheat Ridge CO 80033 Dear Mr. Gash: This letter is in regard to your submittal for rezoning within the City of Wheat Ridge on property located at 10200 West 43rd Avenue. While the plans which were given to me September 16 at the neighborhood meeting are sufficient for referral purposes, they are grossly inadequate for the Planning Commission public -..- hearing. I have reviewed the documents and have determined that- the following items must be added: 1. Ownership/Unified Control .Statement-which indicates how development on the property will be controlled and maintained. 2. Description of the character of the development including materials to be used on the building 3. Contours not larger than at five-foot intervals 4. Legal description with area of the site _ 5. Any existing easements on the property including ditch easements 6. Adjacent land use and zoning 7. A scale at no less than 1" = 100' 8. North arrow 9. Vicinity map 10. Title of the plan - It should be a called "A Combined Outline & Final Development-Plan, An Official Development Plan Within the City of Wheat Ridge." 11. A list of allowed land uses or reference Section 26-23 (C-2 Zone District Regulations) of the Wheat Ridge Code of Laws 12. Surveyor's certificate 13. Site data breakdown 14. Development schedule 15. Owner's certificate with notary 16. Block for signature £or a representative of the appropriate ditch company 17 Planning Commission certificate 18. Planning & Development Director certificate 19. City Council certificate with City Clerk's attest 20. Jefferson County Clerk & Recorder's certificate 21-. A description of all surfacing materials being used 22. Information regarding proposed signage or the following statement: "All signage shall be in accordance with Section 26. Article IV of the Wheat Ride Code of Laws." a~ Mr. Richard Gash Page 2 September 23, 1993 23. A detailed landscape plan or the following statement: "All landscaping shall be in accordance with Section 26-32 of the Wheat Ridge Gode of Laws". All existing trees to remain need to be shown. We would encourage you to save as many as possible• 24. Outdoor storage areas with screening 25. Exterior lighting plan or the following statement: "All exterior lighting shall be in accordance with Section 26-30 of the Wheat Ridge Code of Laws". 26. Maximum height and floor area of proposed building 27. Loading areas The items which are to be included on a combined outline and final development plan are listed on pages 1759 through 1766 of the Wheat Ridge Code of Laws a copy of which is attached. Once all of the outside agencies have responded, there will be additional information to be added to the plan face. Also, it is a responsibility of the applicant to provide me a list of adjacent property owners for notification purposes. if you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, %Zu~~zk- ~~~~ Meredith Reckert Planner MR:slw attachment cc: WZ-93-7 PARKS AND RECREATION COMMISSION PAGE 5 MINUTES - OCTOBER 20, 1993 Directors to inquire if they are willing and or able to work with this extended time frame or if they wish to pursue the offer from the developer. Motion by Edgar Johnson to table this item until the next regular meeting. Beverly Phillips seconded., Passed 7-0. FLANAGAN PROPERTY at 48th & Wadsworth - Park Commission discussed and felt there was no need or reason to acquire this property. Motion by Ken Siler to reject the offer to acquire this property. Seconded by Paul Hovland. Passed 7-0. DISCUSS FINAL DEVELOPMENT PLAN., 4120 Youngfield - This property is immediately north of Camper World. The plan for this development is an RV sales lot. After discussion the concerns of the Commission are: 1) Outside storage/pollution problems from leaking vehicles 2) Safety and security on the east side of the lot adjacent to the lake. Need some type of barrier built, ie. fence 3) Building aesthetic to the natural surrounding park land Ask for a specific plan on the proposal of possible land donation. Motion by Ken Siler the Parks and Recreation Commission forward the following concerns to the Planning Commission: 1) Security and safety on the east side of the property adjacent to the lake. 2) Potential pollution problem; runoff, drainage, gasoline spills, etc. 3) That the building be compatible to surrounding park land; aesthetically pleasing. Seconded by Beverly Phillips. Passed 7-0. DISCUSS_ FINAL DEVELOPMENT PLAN, 10201 W. 43rd Avenue - Proposed closed storage area. West of Kipling and just north of the KKBNA building. There is a jog on 43rd Avenue. This is land that was originally donated to the City for park land. The jog in the road, which gives up some park land, was platted during another development proposal. It was drawn up this way to protect a stand of cotton wood trees. The development never happened. Planning Director Glen Gidley, feels since the plat was accepted the road will remain with the jog for any development. -Liked the fact that there is landscaping proposed along 43rd. Will the development drain onto park property? They are required to maintain historic drainage. Motion by Ken Siler-to accept the proposal with provision that if it is developed, the architectural landscape on the north side of 43rd be completed as shown on the sketch. Seconded by Sue Wilson. Passed 7-0. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission January 20, 1994 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 commehts. The following petitions shall be heard: 1. Case No MS 93 2 An application by Jim Supernor for approval of a three-lot minor subdivision. Said property is located'at 6001 West 32nd Avenue and is legally described as follows: Commencing at the center one-quarter corner of said section 25; thence north 00019'08" west along-the east line of the northwest one-quarter of said section 25 a distance of 30.00 feet; thence south 89041'48" west a distance of 25.00 feet to the true point of beginning, said point being on the north right-of-way line of West 32nd Avenue and the west right-of-way line of Harlan Street; thence continuing south 89041'48" west along the north right-of- way line of said west 32nd Avenue a distance of 155.70 feet; thence north 00019'08" west a distance of 155.04 feet; thence north 89053'21" east a distance of 10.70 feet; thence north 00019'08" west a distance of 35.50 feet; thence north 89041'48" east a distance of 145.00 feet to a point on the west right-of-, way line of said Harlan Street; thence south 00019'08" east along the west right-of-way line of said Harlan Street a distance~of 190.50 feet to the true point of beginning. 2. Case No WZ-93-7• An application by Richard Gash for the Linda K. Gash Trust for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Commercial- Two. Said property is located at approximately 10201 West 43rd Avenue and is legally described as follows: Lot 1 and Tract A of the Tennis Center at Clear Creek Final Plat, City of Wheat Ridge, County of Jefferson, State of Colorado. ' ATTEST: San ra Wiggins, e etary Wanda Sang, City Clerk To be Published: January 4, 1993 Wheat Ridge Sentinel <pc>pnwz937/ms932 -_ # Y PO.80x 60B TELEPHONE: .^.03/277.69dd 7500 WEST 20TH AVENUE . WhIEAT iiIOGE. COLORA00 H000J The City al `Wheat Ridge POSTING CERTIFICATION CASE N0. AP~NNING_COMMISSION CITY COUNCIL - BOARD OF ADJUSTMENT HEARING DATE: ~~' ~~ ° " Zo"` 1994 ,. a ~ residing at n a m e ~~ ~+`-v~ a d d r e s s h as the applicant for Case No. /~ ~ "~3"~ hereby certify that I have posted the Notice of Public Hearing at h o c a t i o n) ' on this ~_ day of ~, hereby certify that said sign has been ~ 1~-~- ' and do posted and remained in place for fifteen (75) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Si 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. (Circle One) P.O. BOX 638- TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE .WHEAT RIDGE. COLORFi00 80034 - Wheat r~Ridge January 5, 1994 This is to inform you that Case No. w7.-A'3-7 which is a request for ~opxoval of a rezoning from PCD with limited C 1 for property located at approximately 10201 West-43rd Avenue will be heard by the Wheat Ridge iann~na Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on ,Tanuarv 20 1994 ' All owners and/or their legal counsel of the parcel under consideration mllSt 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 o£ 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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CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared: January 13, 1994 Date of Meeting: January 20, 1994 Case Manager:~edith Reckert Case No. & Name: WZ-93-7/Gash Action Requested: Rezone from PCD to C-2 Location of Request: Approximately 10200 West 43rd Avenue Name & Address of Applicant(s): Richard Gash for Linda K Gash Trust 10200 W 44th Ave., #120 Wheat Ridge CO 80033 Name & Address of Owner(s): Same as above ------------------------------- Approximate Area: 4 acres Present Zoning: PCD Present Land Use: vacant Surrounding Zoning: N: C-1; S: C-1 & A-1; ITS'. PRD; E: C-1 Surrounding Land Use: ~: Commercial; S,_'. Office; ~ vacant; ~ multi-family Comprehensive Plan for Area: Kipling Activity Center Date Published: Date to be Posted: January 4, 1994 January 5, 1994 Date Legal Notices Sent: January 5, 1994 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached (XX) None ----------------------------------------------------------------- ENTER INTO. RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides Subdivision Regulations (XX) Exhibits JURISDICTION' The property is within the City o£ Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. Planning Commission Staff Report Case No. WZ-9.3-7/Gash I. REQUEST. Page 2 The applicant requests approval of a rezoning from Planned Commercial Development with limited uses to Commercial-Two. Purpose is for the construction of a contractor's office and storage yard. The applicant's existing facility is located directly to the north at 10200 West 44th Avenue. Pursuant to Case No. WZ-88-3, a combined outline and final development plan and plat was approved to allow a tennis center with various support services on the property. Please see attached Exhibit 'A'. The self-imposed conditions limited use and development of the property to what was specifically approved, therefore, any deviation from use or design standpoint requires amendment to the outline and/or final plan. The applicant had originally requested a rezoning to Planned Commercial Development with limited C-2 uses allowed. A site plan was submitted which was inadequate for the requirements of a final development plan but gave a general feel for the type of development proposed (Exhibit 'B'). The applicant now wishes to proceed with a straight C-2 zoning to allow flexibility of use and design. II. CRITERIA Staff has the following comments regarding the criteria used to evaluate a rezoning for property in question. 1. That the change of zone is in conformance, or will bring the property into conformance with the City of wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan shows the property as being within the Kipling Activity Center. The KAC Master Plan for development further specifies desirable land use as office on the edge of retail. The proposed use of the property as a contractor's office, but not the storage yard, would be compatible with this designation,' however, the straight C-2 category is generally semi-industrial in nature. Staff concludes that many of the allowed uses would be undesirable at this location. See attached Exhibit 'C' which is a list of the allowed uses in the C-2 zone district. A specific objective of the KAC master plan is to make "extensive use of the PUD zoning concept to encourage innovation, design excellence and conservation of land". While many of the C-2 uses would be appropriate, without knowledge of design features such as screened outdoor storage areas and other buffering techniques for adjacent properties, Staff is extremely unsupportive of any straight C-2 zoning. Without any such control, Staff cannot believe that this development will ensure a "positive impact upon the. environment, the society and the economy". Planning Commission Staff Report Case No. WZ-93-7/Gash Page 3 For these reasons, Staff concludes that the proposed C-2 zoning without a supporting development review, is totally inconsistent with the goals and objectives of the KAC Master Pian. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Zoning surrounding the property includes Commercial-One on the north and east, Planned Residential Development to the west and Commercial- One and Agricultural-One to the south. Land use includes retail/office, and illegal contractor storage to the north along 44th Avenue, the Newgate Apartments to the west and to the south is an office building and associated parking. An undeveloped parcel lies to the east. It is impossible to ascertain the proposed impact on surrounding area based on lack of information provided. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits derived from the proposed zone change. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. With required improvements, there is adequate infrastructure to support commercial use of the property. The applicant would be responsible for constructing West 43rd Avenue adjacent to his property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Staff cannot adequately address the question of health, safety and welfare at this time due to lack of information provided. 6. That the property cannot reasonably be developed under the existing zoning conditions. The current zoning and use limitations are very restrictive, therefore, one could conclude that the property cannot be reasonably developed under current conditions based on today's market. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Planning Commission Staff Report Case No. WZ-93-7/Gash Page 4 If the proposal is approved, this would be the only C-2 zoning in the area. Therefore, we conclude that this would be spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Due to the lack of information provided, Staff cannot address this question. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on September 16, 1993. Those in attendance were: Meredith Reckert, staff Robert Gash, 6947 Dudley Drive Rex Hoag, 11658 West 39th Circle Shawn Gary, 10250 West 44th Ave Larry Artman, 10250 West 44th Avenue Concerns expressed included treatment and maintenance of the ditch on the north side of the property and screening of any outdoor storage areas. IV. AGENCY REFERRALS All agencies can provide service with certain improvements. Public Works will require a drainage plan and report including sign- offs from the ditch companies. The owner will be responsible for the construction of West 43rd Avenue. Parks and Recreation Commission was concerned with drainage onto the park property south across West 43rd Avenue. They would like to see a lot of landscaping along West 43rd Avenue. Arvada Fire District would need to see a more detailed plan to adequately address fire protection services. In general, however.,. they can serve. Fruitdale Sanitation has a line on the property which conflicts with the western-most building shown on Exhibit 'B'. Valley Water will require line extensions. V. Staff concludes that the proposal as a straight rezoning is inconsistent with the goals and objectives of the Comprehensive Plan. Staff further concludes that there is no control regarding the type and quality of development associated with a straight C-2 zone Planning Commission Staff Report Page 5 Case No. WZ-93-7/Gash district classification. Because the criteria used to evaluate a zone change does not support this request, a recommendation of DENIAL is given for Case No. WZ-93-7. VI. RECOMMENDED MOTIONS OPTION A: " I move that Case No. WZ-93-7, a request to rezone property at 10200 West 43rd Avenue from PCD to C-2 be Denied for the following reasons: 1. It is inconsistent with the goals and objectives of the Comprehensive Plan. 2. The City has no control of the type and quality of development. 3. The criteria does not support approval of the request. OPTION B: "I move that Case No. WZ-93-7, a request to rezone property at 10200 West 43rd Avenue from PCD to C-2 be Approved for the following reasons: 1. 2. 3. " <pc>srwz937 PUBLIC HEARING SPEAKERS' LIST CASE N0: WZ-93-7: DATE: January 20 X994 REQUEST: An application by Richard Gash for the Linda K. Gash Trust for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Commercial-Two. Said property is located at approximately 10201 West 43rd Avenue. ~ ~ Position On Request; SPEAKER'S NAME ADDRESS (PLEASE PRINT) ~ (Please Check) i IN FAVOR ~ OPPOSED ~ ~ ~ ~ ~~ _. - , I I - - - - ' ' I ' ' ' ' I _ __ ------ AGENCY REFERRALS SUMMARY CASE NO. WZ-93-7 XX Fire.- (Arvada) Needs more information, but can serve, in general. .- Schools: XX Water: (Va11ey) Will need additional water lines and fire hydrants. XXSewer: (Fruitdale) Has an existing sewer line crossing property. ~ US West Communications: XXPUblic Service Co: State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: , Cit Arborist 1K~~~~ Tom' $IX~~~XL~t'%~ffiId: Cannot respond rl„a t~ lack-ra€ detail CITY DEPARTMENTS XXPublic Works: -Will require a drainage plan and report and nnn s+rnc+it',n of West 43rd Avenue. XXParks & Recreation: Would like landscaping next to West 43rd Ave. XXPoliCe: Nn nrnhlems. Building Inspection: pc/Agencyrefsum February 28, 1994 Mr. Richard Gash 10200 West 44th Avenue Wheat Ridge CO 80033 This letter is in regard to your submittal for rezoning within the City of Wheat Ridge on property located at 10200 West 43rd Avenue. The following items must be added to your plan to meet the requirements of a Planned Commercial Development outline development plan1(~ 1. Ownership/Unified Control Statement which indicates how development on the property will be controlled and maintained; 2. General description of the character of the development including materials to be used on the building; 3. Legal description with area of the site; 4. Any existing easements on the property including ditch easements; 5. Adjacent land use and zoning; 6. A scale at no less than 1" = 100'; 7. North arrow; 8. Vicinity map; 9. Title of the plan - It should be a "An Outline & Final Development Plan, An Official Development Plan within the City of Wheat Ridge"; 10. A list of allowed land uses; 11. Surveyor's certificate; 12. Site data breakdown showing general parameters for development including maximum building floor areas; 13. Development schedule; 14. Owner's certificate with notary; 15. Planning Commission certificate; 16. Planning & Development Director certificate; 17. City Council certificate with City Clerk's attest; and 18. Jefferson County Clerk & Recorder's certificate. Should you have questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, Meredith Reckert Planner MR:slw i500 WEST 29TH AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-0638 (3031 2345900 cWheat City Admin. Fax x 2345924 Police Dept. Fax # 235-2949 Ridge March 11, 1994 This is to inform you that Case No. WZ-93-7 which is a request for 3~zproval of a ra7pninn from vrn ~;th ~' 't,d_C 1 uses to PCD with limit d C-2 us s for property located at ~,pprox;ma+ iy in~ni wPGt a4rr1 A~~ will_be heard by the Wheat Ridge r;,-y ram„ c•i in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.00 p.m., on March ~R i9aa All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the -r; f~ rnnn..; l As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' c, . > _. 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. 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CA ~f ~ U O ~ "'~ iii QX ww~ W r ~ ! ~ ~ t 6E9 L99 E'C6 d I _111 ~ I~ a w U ~ o ~. -n Z j ~ .n ~ W w U n L '° ~ ~ R r T ~ U '> _ i` ~ U ~. ~ ' o D . ~ , m ~ ~ Q v r o f a ~Y ~ ~ V ^ V ' „ ~ ~ wI ~ c~ Z r Q r CO M ~` m ~ S „.. « ~ ~ o LL of ~ a N ~ .sao ~~ ~ ~ w c o~ C FSy 4u a om w I ~ ~ a OI ~a ~ o o` m r~) ~l =-~ ~w~ a~ ww~- e k~ ' >a? ~W N +f a~' c~ ~. n ce3 • rt f ~ {w 1~ Vw V f ~ ~ ~ 9 C3 S.i ~ ~ ~(( P~M~ Oh9 L99 E`L6 d a w w U 0 ~. a w U w O 0 ro g 0 a ~~ n ~ "'? m c ro Q I tb M a i~ . 4 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-93-7 LOCATION: 10201 West 43rd Avenue APPLICANT(S) NAME: Richard Gash OWNER(S) NAME: Richard Gash for Linda K. Gash Trust REQUEST: Rezone from PCD with limited uses to revised PCD APPROXIMATE AREA: 4 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing 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 CERVENY, seconded by Commissioner JOHNSON, that Case No. WZ-93-7 be forwarded to City Council with a recommendation for APPROVAL for the following reasons: 1. 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. 2. It would be consistent with the goals and objectives of the Comprehensive Plan. 3. The City would have control of the type and quality of development. With the following conditions: 1. Lot 1 of the PCD be modified to include all C-1 uses; Lots 2 and'3 would allow C-1 uses, plus the following C-2 uses, as enumerated in Section 26-3 Commercial-Two District Code: Item numbers (4), if not outside; (6), if no exterior mechanical (other than air conditioning); (12), (13), (15), (17), with exhaust inclusion; (20) and (21), with exhaust inclusion. VOTE: YES: Rasplicka, Cerveny and Johnson NO: Crumpton and Qualteri I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 3_2 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 20th day of January, 1994. Jay a~plicka, Chairperson Sandra Wiggins, S ta~ WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANN G COMMISSION Planning Commission Minutes Page 4 January 20, 1994 Jim Supernor, 6001 West 32nd Avenue was sworn in. Mr. Supernor stated the three-lot minor subdivision was long overdue. Commissioner CERVENY asked if Mr. Supernor had any objection to the five-foot dedication requested. Mr. Supernor stated he had no problem with the requested five- foot dedication. No one came forward to speak in opposition to the three-lot minor subdivision. Commissioner QUALTERI moved that Case No. MS-93-2, a request for approval of a three-lot minor subdivision at 6001 West 32nd Avenue be Approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met; and 2. Staff recommends approval. With the following conditions: 1. The comments made by the Planning Staff shall be addressed prior to placement of the minor subdivision request on City Council agenda; and - 2. The rights-of-way along Harlan Street and at the southeast corner of Harlan Street and West 32nd Avenue shall be shown and hereby dedicated. Commissioner CERVENY seconded the motion. He added that he had a Friendly amendment to offer and suggested that number 7. be added ' to Staff's comments stating that dedication information be added to the plat. Mr. Moberg reiterated that the dedication had to be, indicated on the plat. Commissioner QUALTERI stated that the amendment should be approved as item number 7. (staff's recommended motion) stating that a revised subdivision plat be available to the planning staff prior to forwarding to City Council. Motion carried 5-0. 2. ease No WZ-93-7: An application by Richard Gash for the Linda K. Gash Trust for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Commercial-Two. Said property is located at approximately 10201 West 43rd Avenue. Meredith Reckert presented t_he staff report. Entered into the record and accepted by the Chair were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Planning Commission Minutes January 20, 1994 Page 5 Chairperson RASPLICKA asked what was .the zoning on Lot 1, directly east. Ms. Reckert answered that lot is zoned C-1. Chairperson RASPLICKA asked if an access was noted on the west side of Kelly Subdivision?, Ms. Reckert asked if he was referring to access to the subject property? Chairperson RASPLICKA answered yes. Ms. Reckert stated there was direct access to West 44th Avenue from the sub3ect site.- The width was approximately 35 feet, which is not wide enough for a street. Commissioner QUALTERI asked Ms. Reckert to put up the first overlay once again. Ms. Reckert did so. Commissioner QUALTERI asked if the diagonal roadway from West 42nd to West 43rd Avenue was a dedicated right-of-way? -~ Ms. Reckert answered yes, it was. She pointed out the connection route which was right-of-way established with the tennis center plat. Commissioner QUALTERI asked Ms. Reckert to point out the parks property. Ms. Reckert did so. Commissioner QUALTERI stated he had spoken to Mr. Wardle, who was unaware of the parks property. Ms. Reckert stated she had spoken to Mr. Wardle and it is, indeed City-owned property. Commissioner QUALTERI asked if the parcel was suitable for a building site of any kind. Ms. Reckert stated it was within the 100-year flood plain, however, they could apply for a special exception. She drew in the flood plain on the overhead transparency. Chairperson RASPLICKA asked Ms. Reckert to point out the KKBNA building? Ms. Reckert responded it was directly east. Planning Commission Minutes January 20, 1994 Page 6 Commissioner QUALTERI asked if the Zarlengo property ran continuously from Kipling to Miller Street. Ms. Reckert answered yes, on the south side of Clear Creek, although the original property line ran along the north side of the bank. Commissioner CERVENY asked Ms. Reckert what C-2 uses she felt would be objectionable. Ms. Reckert listed some of the allowed uses in the C-1 zone district. Mr. Gidley, in going over the allowed uses, thought body shops and body painting as well as others should be excluded. Richard Gash, 10200 West 44th Avenue, was sworn in. Mr. Gash explained that he was a long-time resident of Wheat Ridge and it was his intent to remain. The property suits him because he needs warehousing and outdoor storage for his business. He explained why C-2 zoning is necessary. Chairperson RASPLICKA asked Mr. Gash if he plans to maintain outside storage. Mr. Gash answered yes, it was necessary to his business. He reiterated that his proposed development would be attractive. Chairperson RASPLICKA asked Mr. Gash what he planned to do on the property. Mr. Gash stated he planned to move his office and warehouse into the first building constructed. His desire was to build the project as proposed by the drawings. He elaborated. Chairperson RASPLICKA asked if he planned to build the back two buildings first. Mr. Gash answered yes. Chairperson RASPLICKA asked if Commission could request the installation of a screening fence higher than six feet? Mr. Gidley stated yes. Chairperson RASPLICKA was concerned that a six-foot fence would not totally screen equipment that Mr. Gash might be storing. Mr. Gash stated that the only equipment he would be storing would be trenchers, which would be screened by a six-foot fence. Planning Commission Minutes Page 7 January 20, 1994 Mr. Gidley stated that the Commission could require different design standards in a Planned Development, such as an eight or ten-foot fence, if Commission felt there was good cause. Mr. Gidley suggested possible alternatives on the transparency pro3ected overhead. He spoke about possible uses on the property, should Mr. Gash sell the property some time in the future. Mr. Gidley informed Commission of alternatives so that some control of the C-2 allowed uses could be maintained. Chairperson RASPLICKA suggested that Commission could approve the development of Lot 1 now, but require Mr. Gash to return to Commission when he is ready to develop Lots 2 and 3. Mr. Gidley stated that because the entire parcel is zoned PCD, it would be difficult to separate the lots. He suggested that Commission could apply PCD zoning allowing all C-1 uses plus those C-2 uses Commission would feel comfortable with. If.Mr. Gash wished to add uses at a later time, he could return to Planning Commission with his request. Commissioner QUALTERI asked Mr. Gash to elaborate further on the equipment he plans to store on the subject property. Mr. Gash stated he owned two trenchers, but he would like to sell them. Additionally, he has a trailer which he uses to pull the trenchers to fob sites. Wire reels, and cable tray would also be stored on the property for relatively brief periods of time. Commissioner QUALTERI asked Mr. Gash if he used semi-trailers for storage? Mr. Gash answered that he has used semi-trailers for storage on fob sites. At the present time, he added, he was using semi- trailers because the office building he occupies has no warehouse area. Commissioner QUALTERI asked Mr. Gash to confirm he has no plans to have semi-trailers on the site in question. Mr. Gash stated that he had not said that. He doubted he would have semi-trailers on site for any length of time if he built the new building. He elaborated. Commissioner QUALTERI asked if he had tractors to pull the trailers? Mr Gash stated he hired someone to pick up the trailers and drop them at a fob site. He owns no tractor. He added that when he has had warehousing available in the past, he had no use for semi-trailers for storage on his property. Planning Commission Minutes Page 8 January 20, 1994 Commissioner JOHNSON asked where the sewer line ran through the subject property. Ms. Reckert answered it ran through the western lot. Mr. Gash explained, using the transparency projected overhead. Commissioner JOHNSON asked if Mr. Gash planned to relocate the sewer line? Mr. Gash__stated he would probably decrease the building size and relocate it somewhat. Commissioner CERVENY stated he was concerned that if Planning Commission approved all C-2 uses on the parcel, a new owner could take advantage of the situation at a later time. He asked Mr. Gash if Mr. Gidley's earlier suggestion was agreeable to him. Mr. Gash answered that the reason he had requested C-2 zoning is that a contractor's office/storage yard is allowed in the C-2 zone district. He would be making a large monetary investment and therefore was hesitant to proceed without some guaranty. He added he had no problem with Mr. Gidley's suggested solution. He elaborated. Discussion followed. Ms. Reckert made transparencies of the C-2 zone district regulations and projected them overhead. Mr. Gidley reiterated his suggestion that Commission amend the PCD to allow all C-1 uses listed in the Code of Laws, plus the following C-2 uses: (6) building contractor's service shop and storage yard; (12) government or quasi-governmental buildings and offices, etc.; (15).manufacturing and/or light industrial operations, etc.; (17) shops for custom work, etc.; and (20) wholesale businesses. He felt those uses having potential external impact or those inappropriate for the area not be considered. Discussion was heard. Commissioner JOHNSON ,voiced concern that control of uses could be lost and preferred that Mr. Gash return with his request when he was ready to develop Lots 2 and 3. Mr. Gidley recommended that the entire project remain PCD, that Lot 1 be all C-1 uses and Lots 2 and 3 be all C-1 uses, plus the C-2 uses marked on a transparency projected overhead. > Commissioner CERVENY asked why (3) pertaining to dog runs was objectionable. Planning Commission Minutes Page 9 January 20, 1994 Mr. Gidley stated that potential outside dog runs would be objectionable due to the adjacency to a residential neighborhood. Commissioner CERVENY asked about auction houses. Mr. Gidley stated that auction houses could involve microphone- type devices and also outside storage or events, which may not be compatible with the adjacent residential neighborhood. Commissioner JOHNSON asked if Mr. Gash would be required to have a Final Development Plan prepared before going to City Council? Mr. Gidley stated not at this time. His drawing would be accepted as an Outline Development Plan. When ready to build he would have to have a Final Development Plan prepared for all of the property or a portion of it. Commissioner JOHNSON asked if approval could be for Lot 3 only now. Mr. Gidley stated yes. However, if he prepares a Final Development Plan for a portion of the property, some parts (such as drainage, access or utilities, etc.) will have to be determined for the entire parcel. He added that Public Works 1 Department would probably require construction of the street - improvements with development of the first building. Commissioner JOHNSON asked Mr. Gash if the delineated C-2 uses would work for Mr. Gash. Mr. Gash state he could live with it. Commissioner JOHNSON asked Mr. Gash if he could make the first building carry the cost for the site work and street construction of the entire project? Mr. Gash stated the improvements would make the parcel of land more valuable. He acknowledged the large cost in making the improvements. Commissioner JOHNSON asked Mr. Gash if he was going to reroute the ditch on the north side? Mr. Gash indicated where the ditch would run on the site plan projected overhead. Commissioner JOHNSON asked if Mr. Gash had spoken with the ditch representative. Mr. Gash stated he had spoken to the president of the ditch company. He added that he was asked to inspect the ditch construction near Jensen Appliance. Planning Commission Minutes Page 10 January 20, 1994 Commissioner JOHNSON asked if the ditch company wanted the ditch underground? Mr. Gash stated he did not believe so. Discussion followed. No one came forward from the audience to speak. Commissioner CERVENY moved that Case No. WZ-93-7, an application by Richard Gash for the Linda K. Gash Trust for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Commercial-Two, located at 10201 West 43rd Avenue be referred to City Council with a recommendation for Approval for the following reasons: 1. 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. 2. It would be consistent with the goals and objectives of the Comprehensive Plan. 3. The City would have control of the type and quality of development. 4. The criteria does support.approval of this request. With the following condition: 1. This PCD be modified to include all C-1 uses, plus the following C-2 uses, as enumerated in Section 26-3 Commercial- Two District Code: Item numbers (4), if not outside; (6), if no exterior mechanical (other than air conditioning); (12 ), (13), (15), (17), with exhaust inclusion; (20) and (21), with exhaust inclusion. Commissioner JOHNSON asked if Commissioner CERVENY's motion applied to Lots 2 and 3. Commissioner CERVENY stated his motion applied to .the entire PCD. Commissioner JOHNSON seconded the motion and offered a friendly amendment. His amendment was that the motion. for recommendation for approval be for Lots 2 and 3. Lot 1 would have C-1 uses only. Commissioner CERVENY accepted the friendly amendment. Mr. Gash stated that the motion on the floor, as amended would be satisfactory to him. However, he wanted assurance that he could return to Planning Commission if he has reason to in the future. .~ Planning Commission Minutes January 20, 1994 Page 11 Commissioner JOHNSON asked if the motion was subject to a final site plan. Mr. Gidley answered since it was a PCD, it was subject to a final development plan. Mr. Gidley asked Mr. Gash if it was his intent on a normal and regular basis or an interim basis before the build-out beyond the first building, for the applicant on a regular basis to park semi-trailers on any portion of that property. Mr. Gash answered that at the present time, he did have semi- trailers (utilized as'storage) parked on site and he intends to leave them on the property until construction is complete. The stored material could then be moved inside. At the present time, he has no available warehouse storage. Chairperson RASPLICKA stated he understood semi-trailers were allowed on a site until construction was complete. Following that, they would have to be removed. Mr. Gidley reiterated that he was referring to parking semi- trailers on the subject property. Did Mr. Gash plan to move the semi-trailers parked to the north of the subject property onto the subject property. Mr. Gash stated the semi-trailers he had parked on his property were for short-term only. The trailers would not be needed following completion of construction. Discussion followed. Motion carried 3-2 with Commissioners CRUMPTON AND QUALTER: voting no. A short recess was called at 9:15 p.m. Meeting reconvened 9:26 p.m. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 1. Mr. Gidley gave an update on the 1994 budget. At this time Council had reduced funding to a minimum amount to update the Comprehensive Plan. This would mean an intern would be hired for the summer and fall of 1994 to begin work on a superficial updating of the Comp Pian. 10. NEW BUSINESS 1. Mr. Gidley wanted to draw attention to a workshop being held Thursday and Friday, March 10 and it by University CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date Prepared' March 17, 1994 4 ~`' Date of Meeting:~Iaq~28, 1994 Case Manager:~Meredith Reckert Case No. & Name: WZ-93-7/Gash Action Requested: Rezone from PCD with limited C-1 uses to PCD with limited C-2 uses Location of Request: Approximately 10200 West 43rd Avenue Name & Address of Applicant(s): Richard Gash for Linda K Gash Trust 10200 W 44th Ave., #120, Wheat Ridge Name & Address of Owner(s): Approximate Area: 4 acres Present Zoning: PCD Present Land Use: vacant February 22, 1994 Surrounding Zoning: N: C-1; ~ C-1 & A-1; ~ PRD; E:.C-1 Surrounding Land Use: ~: Commercial; S: Office; Ems' vacant; yj_ multi-family Comprehensive Plan for Area: Kipling Activity Center Date Published: Date to be Posted: March 14, 1994 Same as above Date Legal Notices Sent: March 11, 1994 Agency Check List Related Correspondence ENTER INTO RECORD: (XX) Comprehensive Plan (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. (XX) Attached ( ) Attached ( ) Not Required (XX) None (XX)-Case File & Packet Materials City Council Staff Report Case No. WZ-93-7/Gash I. REQUEST Page 2 The applicant requests approval of a rezoning from Planned Commercial Development with limited uses (a tennis center) to Planned Commercial Development with limited Commercial-Two uses. The purpose is for the construction of an office warehouse, with some level of outside storage. The applicant's existing facility is located directly to the north at 10200 West 44th Avenue. Pursuant to Case No. WZ-88-3, a combined outline and final development plan and plat was approved to allow a tennis center with various support services on .the property. Pleaso see attached Exhibit 'A'. The self-imposed conditions limited use and development of the property to what was specifically approved, therefore, any deviation from use or design standpoint requires amendment to the outline and/or final plan. The applicant had approached Planning Commission with a request for C- 2 zoning. When it became clear that neither Staff nor Planning Commission would support a straight C-2, the applicant agreed to amend the application to a Planned Commercial Development. An amended plan has been provided which meets the requirements for Outline Plan review. No building permits will be issued until a final development plan is approved, although the applicant desires interim approval to store his contractor trailers on the property. in accordance with Planning Commission approval, uses on proposed Lot 1 shall be limited to all C-1 uses. Uses allowed on Lots 2 and 3 shall be all C-1 uses plus the following C-2 uses: (4) Auction houses, inside only. (6) A building contractor's service shop and storage yard incidental to an office/showroom principal use, with no exterior mechanical equipment other than air conditioning. (12) Government or quasi-governmental buildings and offices. (13) Homes for the aged, nursing homes and congregate care homes. (15) Manufacturing and/or light industrial operations where no single machine exceeds five horsepower. (17) Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises, where no single machine exceeds five horsepower. (20) Wholesale businesses. (21) Woodworking or carpentry shows for the making of articles for sale upon the premises, with no exterior mechanical equipment other than exhaust equipment. In addition, the following note regarding business operation restrictions has been added to help protect adjacent residents and businesses. from the undesirable side-effects sometimes characteristic of semi-industrial businesses: City Council Staff Report Page 3 Case No. WZ-93-7/Gash "No use shall produce external noise, vibration, fumes, odor, dust, heat or glare, nor shall such use performed work outside of buildings as a normal course of business. It is the intent that all operations and work occur within buildings so that there is no adverse impacts to adjacent residential and business uses." General design guidelines include 10~ landscaped coverage and 43,800 square feet of maximum building area on the three proposed lots. II. CRITERIA Staff has the following comments regarding the criteria used to evaluate a rezoning for property in question. 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan shows the property as being within the Kipling Activity Center. The KAC Master Plan for development further specifies desirable land use as office on the edge of retail. Although the proposed use is not straight office or straight retail, it is not unusual to find office/warehouse uses such as the proposed in close proximity to both. Therefore, with the restrictions and conditions negotiated with Planning Commission, staff concludes that the proposed use would conform with the Comprehensive Plan. Since this is the outline stage of the project, only general design guidelines are established. No construction can occur on the property until a final development plan is approved through the public hearing process. At that point care should be taken that any outdoor storage is appropriately placed and adequately screened and that materials used in the design of the buildings are consistent with development in the area. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Zoning surrounding the property includes Commercial-One on the north and east, Planned Residential Development to the west and Commercial- One and Agricultural-One to the south. Land use includes retail/office, and illegal contractor storage to the north along 44th Avenue, the Newgate Apartments to the west and to the south is an office building and associated parking. An undeveloped parcel lies to the east. Once again, at the time of final development plan approval the site plan will be assessed as to compatibility with adjacent properties. City Council Staff Report Page 4 Case No. WZ-93-7/Gash 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will be economic benefits derived from the proposed zone change. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. With required improvements, there is adequate infrastructure to support commercial use of the property. The applicant would be responsible for constructing West 43rd Avenue adjacent to his property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The proposal should not adversely affect public health, safety and welfare by creating excessive traffic congestion, creating drainage problems or seriously reduce light and air to adjacent properties. 6. That the property cannot reasonably be developed under the existing zoning conditions. The current zoning and use limitations are very restrictive, therefore, one could conclude that the property cannot be reasonably developed under current conditions based on today's market. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. If the rezoning is approved, it would not constitute spot zoning as there are other commercial zones and uses in the immediate vicinity. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Based upon information provided by the Jefferson Economic Council and Metro Denver Network, there is a deficiency of this type of development in Jefferson County. III. NEIGHBORHOOD MEETING- A meeting for neighborhood input was held on September 16, 1993. Those in attendance were: City Council Staff Report Case No. WZ-93-7/Gash Page 5 Meredith Reckert, staff Robert Gash, 6947 Dudley Drive Rex Haag, 11658 West 39th Circle Shawn Gary, 10250 West 44th Ave Larry Artman, 10250 West 44th Avenue Concerns expressed included treatment and maintenance of the ditch on the north side of the property and screening of any outdoor storage areas. IV. AGENCY REFERRALS All agencies can provide service with certain improvements. Public Works will require a drainage plan and report including sign- offs from the ditch companies. The owner will be responsible for the construction of West 43rd Avenue. Parks and Recreation Commission was concerned with drainage onto the park property south across West 43rd Avenue. They would like to see a lot of landscaping along West 43rd Avenue. Arvada Fire District would need to see a more detailed plan to adequately address fire protection services. In general, however, they can serve. Fruitdale Sanitation has a line on the property which crosses proposed Lot 3. This easement must be shown on the plan and accommodated during the final design process: Valley Water will require line extensions. V. PLANNING COMMISSION ACTION Planning Commission reviewed this case at a public hearing held on January 20, 1994. A recommendation of Approval was made for the following reasons: 1. 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. 2. It would be consistent with the goals and objectives of the Comprehensive Plan. 3. The City would have control of the type and quality of development. 4. The criteria does support ,approval of this request. With the following condition: 1. This PCD be modified to include all C-1 uses, plus the following C-2 uses, as enumerated in Section 26-3 Commercial-Two City Council Staff Report Case No. WZ-93-7/Gash Page 6 District Code: Item numbers (4), if not outside; (6),,if no exterior mechanical (other than air conditioning); (12), (13 ), (15), (17), with exhaust inclusion; (20) and (21),,with exhaust inclusion. VI. STAFF CONCLUSIONS Staff concludes that the rezoning to Planned Commercial Development with use limitations and operational restrictions. is generally compatible with surrounding zoning and land use. Staff concludes that since the PCD zoning will require specific site plan review, the City will have control regarding the type and quality of development. At the time of development plan approval, care should be taken to ensure there is adequate buffering for the residential area to the west. with the use restrictions and operational limitations suggested by Staff, we conclude that the criteria supports this request. For that reason, a recommendation of Approval is given with the following conditions: 1. Uses _allowed on proposed Lot 1 shall be all Commercial-One uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws. 2. Uses allowed on proposed Lots 2 and 3 shall be all Commercial-One uses pursuant to Section 26-2'2 of the Wheat Ridge Code of Laws, plus the following Commercial-Two uses listed under Section 26- 23(B), Permitted Principal Uses: (4) Auction houses, inside only. (6) A building contractor's service shop and storage yard incidental to- an office/showroom principal use, with no exterior mechanical equipment other than air conditioning. (12) Government or quasi-governmental buildings and offices. (13) Homes for the aged, nursing homes and congregate care homes. (15) Manufacturing and/or light industrial operations where no single machine exceeds five horsepower. (17) Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises, where no single machine exceeds five horsepower. ' (20) Wholesale businesses. (21) Woodworking or carpentry shows for the making of articles for sale upon the premises, with exterior mechanical equipment other than exhaust equipment. 3. No use shall produce external noise, vibration, fumes, odor, dust, heat or glare, nor shall such use performed work outside of buildings as a normal course of business. It is the intent that all operations and work occur within buildings so that there is no adverse impacts to adjacent residential and business uses." City Council Staff Report Case No. WZ-93-7/Gash Page 7 4. The structures on proposed Lots 2 and 3 be limited to one-story in height and a note regarding these restrictions be included on the plan face. 5. The Fruitdale Sanitation District easement on proposed Lot 3 be added to the plan. Additionally, the site plan does not show any outside storage, however the applicant has indicated his intent to have some outside storage. The applicant will need to provide specific plans for outside storage, if it is intended, with the final development plan. Plus, the applicant has indicated a desire to store some of his contractor trailers on the property prior to final development plan approval and development. City Council will need to address this issue specifically, either to allow or disallow this interim use. VII. RECOMMENDED MOTIONS _ OPTION A: I move that Council Bill No. a request for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Planned Commercial Development with limited C-2 uses and for approval of an outline development plan for property located at approximately 10020 West 43rd Avenue, be Approved for the following reasons: 1. It would be inconsistent with the goals and objectives of the Comprehensive Plan. 2. The City would have control o£ the type and quality of development. 3. The criteria does support approval of the request. With the following conditions: 1. Uses allowed on proposed Lot 1 shall be all Commercial-One uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws. 2. Uses allowed on proposed Lots 2 and 3 shall be all Commercial-One uses pursuant to Section 26-22 of .the Wheat Ridge Code of Laws, plus the following Commercial-Two uses listed under Section 26- 23(B), Permitted Principal Uses: (4) Auction houses, inside only. (6) A building contractor's service shop and storage yard incidental to an office/showroom principal use, with no exterior mechanical equipment other than air conditioning. (12) Government or quasi-governmental buildings and offices. (13) Homes for the aged, nursing homes and congregate care homes. (15) Manufacturing and/or light industrial operations where no single machine exceeds five horsepower. City Council Staff Report Case No. WZ-93-7/Gash Page 8 (17) Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises, where no single machine exceeds five horsepower. (20) Wholesale businesses. (21) Woodworking or carpentry shows for the making of articles for sale upon the premises, with no exterior mechanical equipment other than exhaust equipment. 3. No use shall produce external noise, vibration, fumes, odor, dust, heat or glare, nor shall such use performed work outside of buildings as a normal course of business. it is the intent that all operations and work occur within buildings so that there is no adverse impacts to adjacent residential and business uses." 4. The structures on proposed Lots 2 and 3 be limited to one-story in height and a note regarding these restrictions be included on the plan face. 5. The Fruitdale Sanitation District easement on proposed Lot 3 be added to the plan." OPTION B: "I move that Council Bill No. a request for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Planned Commercial Development with limited C-2 uses and for approval of an outline development plan for property located at approximately 10200 West 43rd Avenue, be Denied for the following reasons: 1. 2. 3. " <pc>srwz937 CASE NO. WZ-93-7 AGENCY REFERRALS SUMMARY XX Fire: _ (Arvada) Needs more information, but can serve, in general. Schools: XX Water: (Vallev) Will .need additional water lines and fire hydrants. XXSewer: (Fruitdale) Has an existing sewer line crossin ro erty. XX US West Communications: XXPublic Service Co: Can S2rvP State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) .~ Adjacent City: Cit Arborist ~~X~~XiIX1~~T4g~idtSl;TaFid: Canno r2apnnr7 rl„a +~ l T ~ r~~t.a~}-, CITY DEPARTMENTS XXPublic Works: will require a drainage plan and report and rnn al-rnrtinn of W a 4 rd Avenlle XXParks & Recreation: Would like landscaping next to West 43rd Ave. XXPOlice: TTn nrnhlpmS Building 'Inspection: pc/Agencyrefsum ~M~ ~~~ Park ~ PRD PRD . ~~ . PRD NBJS^TE w y}FJ.T PoD6E ~ PRD ~~ ~. R-3 ~- G_~Y~ R __-.~ I~ ...• ~^ ` . F. f - I c ~ -- " ~ • - .. -_ N~A~ - • :-_- ~ - -- =J _-- ___=_=___ : f~ PRD ____ _= , . . ; CREW ~ -, -•,, : ::~ ,.,.•' - ` - _- -- t_~ ~ i. GREEN •f ~•• •~ . ~, ,.. . . _ ... ~~, Y G :~ ..+. ~•••••••i~r N ,•.' '. WAIST AK ~ " ~ Na4~9K .• ~ - i0v' a090 _ r aW3 aoeo )9 .on ~. 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Y- i y~ s^ V ~ 5 5 53a %Y'..C KO 'Y ' S=YxST ry :5'3%Y Y. . a ~ , ., INTRODUCED BY COUNCIL MEMBER HALL Council Biil No. 41 ORDINANCE NO. 959 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE 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 WEST 43RD AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY .THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Richard Gash for the Linda K. Gash Trust for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ- 93-7 and based upon recommendation for approval, with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to show a revised Planned Commercial Development District, for the following described land: Lot 1 and Tract A of the Tennis Center at Clear Creek Final Plat, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Conditions. 1. Uses allowed on proposed Lot 1 shall be all Commercial-One uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws. 2. Uses allowed on proposed Lots 2 and 3 shall be all Commercial-One .uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws, plus the following Commercial-Two uses listed under Section 26- 23(B), Permitted Principal Uses: (4) Auction houses, inside only. (6) A building contractor's service shop and storage yard incidental to an office/showroom principal use, with no exterior mechanical equipment other than air conditioning. (12) Government or quasi-governmental buildings and offices. (13) Homes for the aged, nursing homes and congregate care homes. (15) Manufacturing and/or light industrial operations with five horsepower limit. •• ~ ~ l Ordinance No. 954 Page 2 Series o£ 1994 (17) Shops for custom work or for making articles, materials or commodities to be sold at retain on the premises, where no single machine exceeds five horsepower. (20) Wholesale businesses. (21) Woodworking or carpentry shows for the making of articles for sale upon the premises, with exhaust inclusion. 3. No use shall produce external noise, vibration, fumes, odor, dust, heat or glare, nor shall such use performed work outside of buildings as a normal course of business. It is the intent that all operations and work occur within buildings so that there is no adverse impacts to adjacent residential and business uses. 4. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Section 26-25 of Wheat Ridge Code of Laws. SP~tion 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. on 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance. is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council " further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. San+_ion 5._ Seve_r_a_bility. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid,.-such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6 This ordinance shall take effect- 15 days after Final publication. INTRODUCED, READ, AND ADOPTED on,first reading by a vote of 8 to 0 on this 14th day of February 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, Mar h 14 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. March 14, 1994 continued to March 28, 1994 by a vote of 8 to 0. • ' _ . ~ C.. Ordinance No. 959 Page 3 Series of 1994 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 28th day of March 1994. SIGNED by the Mayor on this 29th day of March 1994. ~ DAN WILDE, MAYOR ti~ " ~' Wan a Sang, C3 y C1 APPROVED AS T FORM BY CITY ATTORNEY uar KATHR S RO ER, CITY ATTORNEY 1st Publication: February 22, 1994 2nd Publication: April 5, 1994 Wheat Ridge Sentinel Effective Date: April 20, 1994 <pc>ordwz937 ._ _ ~ ~ CITY COUNCIL MINUTES: March 28, 1994 Page -3- Mel.aine Cotton, 6076 Ingalls Circle, Arvada, was sworn in by the Mayor. She stated her issue would be with the liquor license and not with the continuance. Motion carried 8-0. Item 3. Horseshoe Bar and Grill - Liquor Violation and Liquor License Renewal (see City Attorney for background materials - none provided for Agenda Packet). Kathryn Schroeder explained that Horseshoe Bar and Grill is represented by an attorney and that she understands the violations will be confessed' and it is up to the Liquor Authority to determine the ,penalty to be imposed. Maurice Fox, 4465 Kipling Street, atterney, was sworn in by the Mayor. He explained that they admitted that on October 29, 1993 there was an assault by the ex-husband of the bartender against another patron; when the Police arrived they found an intoxicated employee as well as an intoxicated patron. On October 31, 93 there was another fight at the bar between two patrons. The owner was not present; the person in charge at the time is no longer employed there. Mrs. Worth moved for a 5 Minute recess to allow the City Attorney to confer with Mr. Fox regarding the Police Reports; seconded by Mr. Edwards; failed 4-4 with Councilmembers Worth, Eafanti,,Fields, and Edwards voting yes. Mayor broke the tie by voting no. Motion failed 5-4. Liquor Authority retired for fact-finding. Motion by Mr. Solano to suspend this license for a period of 14 days, ,,_..,.. .beginn.ing ,Mauch 29., _ 1994. They are hereby directed to ° bring ~ their license to the City Clerk at 8:00 a.m. on March 29; seconded by Mr. Edwards; carried 6-2 with Mr. Hall and Mr. Siler voting no. Motion by Mrs. Worth to postpone the liquor license renewal for Horseshoe Bar and Grill until April 11, 1994; seconded by Mrs. Fields; carried 7-1 with Mr. Edwards voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4. Council Bill 41 - An Ordinance providing for the 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 West 43rd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. . (Case No. WZ-93-7) (Richard Gash for the Linda K. Gash Trust) Council Bill 41 was introduced on second reading by Mr. Hall; title read by the Clerk; Ordinance No. 959 assigned. ~. r CITY COUNCIL MINUTES: March 2fi, 1994 Page -4- Mr. Gidley presented the staff report. Richard Gash, 10200 W. 44th Avenue, applicant, was sworn in by the Mayor. He was present to answer Council's questions. Motion by Mr. Hall that Council Bill 44 (Ordinance 959), a request for approval of a rezoning from Planned Commercial Development with limited C-1 uses to Planned Commercial Development with limited C-2 uses and for approval of.an outline development plan for property located at approximately 10020 k'est 43rd Avenue, be approved for the following reasons: 1. It would be consistent with the goals and objectives of the Comprehensive Plan. 2. The City would have control of the type and quality of development. 3. The criteria does support approval of the request. With the following conditions: 1. Uses allowed on proposed Lot 1 shall be all Commercial-One uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws. 2. Uses allowed on proposed Lots 2 and 3 shall be all Commercial-One uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws, plus the following Commercial-Two uses listed under Section 26-23(B), Permitted Principal uses: (4) Auction houses, inside only. (6) A building contractor's service shop and storage yard incidental to an office/showroom principal use with no exterior mechanical equipment other than air conditioning. (12) Government or quasi-governmental buildings and offices. (13) Homes for the aged, nursing homes and congregate care homes. (15) Manufacturing and/or light industrial operations where no single machine exceeds five horsepower. (17) Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises, where no single machine •exceeds- five horsepower. ~ - •~-~ ° ° • ~. (20) Wholesale businesses. (21) Woodworking or carpentry shops for the making of articles for sale upon the premises, with no exterior mechanical equipment other than exhaust equipment. 3. No use shall produce external noise, vibration, fumes, odor, dust, heat or glare, nor shall such use performed work outside of buildings as a normal course of business. It is the intent that all operations and work occur within buildings so that there is no adverse impacts to adjacent residential and business uses. 4. The structure on proposed Lots 2 and 3 be limited to one-story in height and a note regarding these restrictions be included on the plan face. 5. The Fruitdale Sanitation District easement on proposed Lot 3 be added to the plan; seconded by Mr. 5olano. Motion for an amendment by Mr. Solano that we allow Mr. Gash to temporarily store his storage trailers on the property. This was accepted as part of the motion. Motion carried $-0.