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Home My WebLink AboutWZ-93-9 The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Address !f 5- _Phone ~(o - S.~ O~ S ~-~~ ~ Address Phone Owner ~ /J~ Location of request Type o£ action requested (check one or more of the actions listed below which pertain to your request.) ange 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 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide ~ Othereral extraction permit for specific requirements. /, ~~aa Detailed Description of request ~~2~~~iLC~" /i' r'J ~'C. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ADDRESS ~ PHONE NA - -J ~?O~/ ,,,,,; - -- -j ~ ~ ,- 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 Applicant~~ --- Subscribed and sworn to me this ~~day of 19 ~_ _. Notary ublio SEAL My commission expires `1 -a - cl Date Received ~(1 - /~i -~~ Receipt No. ~.~U ~ Case No. _ ~-,. ,r , ~^l Rccgptiun No. . ,9.- ~ 6 I~ ti clack _.~_ M.. _ -- 'd'}US llLEU, Afadc this 3rd day of llugust I9 90 , bearecn Pauline S. Surmeier whose legal address is 15745 Highway 34 , Fort Morgan, Colorado _ 80701 Cuuuly ul Morgan and State ul Col+aadn, guuuccs: ortl+t' Fort -Ei ht Thousand and tdo/lOt 1~'I! NCSS. that the gnuduc fcx and in cu»sidcrntit•n of dlc sum or y g _____-___ UU1,1.nR5. ($48,000.00)-----------------------___.._------------- thc receipt m,d n+llicicncy c[ nhia6 is hereby ackn+~wledged, has grnucd, h:np:uned, ttdd and cumcyctl, anJ by Ihese presents dues grant, ha+g,+ht, cell. an+,ey and cumin;. unto the g+:+utccs, ihcir hcire mul axipue 1'um~cr, not in tcu::ney In can»non but ht j°Caunt(y of al! the real property, logclher with impnncnums, it mty, situate, lying and being in the Jef fexson :utd State nr Colorado, describe) ns rulluws: See Pxhibi.t A attached hereto and by this reference made a part hereof . ( State Documentary Fea f{ pate 2~ i~ tic, nl the `Cuuoty of Jef fersoll and State o! Col.uadu, grantur.:utd Heinz N. Silz and 'I'kea d~t. Silz as joint tenants I'3 4425 Tabor Street, t~tileatridge, Colorado also known by sttcel and number as 't l)C1;f 11 F.It aid, n11 anJ sinFul:u Ihr hrredinnnrut. and apron tcnnn+c~ tberennln hrlonp,iul~, nr In uuywitic ty,pcrt:riniug :wd nc~ rcacrsinn oud teccrsione, tcnraiuJcr and tcm'eindcts, +cnlc, isc»ca nod p!nliie 17+r+c nl, and all the cstalc, right, titic, hucrest, cL•+im vnd dcm;uul uhatsne+cr or the graulur, citl~cr in law or equity. of, in and u> the abnu bargained premises, with the hcreditaments and nppurtcnanres. 70 6ln"t'i: ANll lO nU1.U the chid {++cu,ices aboce hmg.oined and dc.ctihed, u itPt the appnlla'nI111eCe, salsa the gr:n11CC5, their heirs and assiens furecer. And the grantor, Ra hinucll, his heirs anti (,asst+n;d teprcanl;nites, dace cnwnaut, grunt, bargain and agree to and n ith 11ir cru+ICCS, tluirhrireand aasien+. that al thr lime o1 d+c cmcaling and delirrry ul Ihew plcsenls, he is cell seized orthc prcntlses ;tbme eoaccccd, h;+s Fond. rum, pctl'rc1, ahwhrte and iudcli~n.ildc c~latr of iuherilance, in lacv, in the sinrydc, and has goad right, fu(1 (nxccr and Ion lu1 authnrit}' io gr.u,t, bargain. sell and comer the s;uuc in n+:utncr oad fnnn nfuu•said, ;utd th;d the same ale tree and clear trnro all I'Lnn)cr and usher grants, bargains, ssles, ties, tares, assessments, eucun)brances and reslrictions or w9tate~er kind or nature soccer, except See Exhibit B attac}ed hereto and by this reference made a part hereof. E'he grantt,r shall and gill IiARRANr nNi) FOR(iVEilt DIi18NU the abocc-ba+gaincd premises in the quiet and peaceable pnsa~'~Sinnnrthc grantees, their heirs mtd assigns, against all and ccccy person or pcrttats h+wfully claiming the whole or any part thereat E {, , ~ ~ „~ . , ',o . r ah,!I include the (Aural. the plural the singular, urns tl,c uac ut any gender shall be applicable to all genders. L I -,l.v., ... , u,,: gr.~uror hm esccutcd this Jectl un the date acs furlh :those. b - - _° - --- - ------- -- - PF1ULItdE S. SURMEiER 51,11Ei Uf C'OLUltn!)V Coolly nl Jefferson 1 he fwcguine ineuunlcm ,lac atknn's Ictlgetl before me Ibis he Pauline S. Surmeier I NlMN'/J ~AtyET ~L: HUBBELL 1,^TARY PUBLIC ~ c- -, COLORADO ~_' '+,~ ~7 - i;l ii.n,ct lugs ti (h ,+sk ' , ~ ~S"(~ ~ ~ /,~ 'l ~`; .~.. _. 3rd .. .-- RECEPTION N0. 90fOb'/419.8~ _.._. 8/07/90) 14:50 RECORDED IN COUl,fTY OF 7EFFER50N STATE OF COLORADO d:+y or august ,1490 t1'4;nc.. ury h;uut :md ntlia i~,d ecal. , tY • pl) t',nnmi.iwd eat'•irc~ ~ _--- ~~--~ - a 9~ ,~ ~..:.. . . ~~.v ~ ~ ... _.. ..y ~ V ~ ~ ti A ~ Y'~NT PART ~' l PCi.L.0i1B; ~ P '~ i0~ ms's stJ9aavlgtoAl nESCR3HLn Ag aE~INNINO AT alr~r oN rr~ G49T ~YkB aF ~ T NClaTH.~ THEAOT C{~il+lf'R. T LDT TL'N c10>, ZVe ~E7 p43NY Qp tN&NC~ X10 FEET F~ICE R3Q FEgT -EST, 7}~ENCfe 33.E ~prM~lllYO! &XCOoT THATTi~AftT'~iCE 13Z F'£E7 iiDUTH TO DEED RECQR~ ~R R$CEPTIOh1 N0, ~ L07 10 17E9CRIliE1i I1V AND BEOIMIING At 7 0954.'~9a. 730 ~E~T I+~T~ THE ~~6 ~~ST~C 7fHdERTi~~E'NCE7210 FEET~EABT~IVCE ~y ~' ~'~' e~crrr~ Tn r~+F POINT aF a~olNNrrro. ~ ~irPER~t+(. OTATE OF COLORAIdU. CASE NO. WZ-93-9 EXHIBIT 'B' NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING IS PROPOSING A REZONING FROM. O C-/ 302 Sr?E6 i THE LOCATION OF THIS MEETING IS~ THE TIME AND DATE FOR THIS MEETI THE PURPOSE FOR THIS PROPOSAL IS BALL- ~?~FL-o0R 00 P.M. The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning o£ property to a higher use, or-for properties in excess of one (1) acre, and for Special Use Permits which allow a special use o£ land, an applicant must ho~tify 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, 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 kinds o£ 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 ign it and give it to the applicant, as he is these forms to the City along with his ~~v~. PRINT NAME ADDRESS PHONE <pc>notice/neighborhoodmtg/zk CITY OF WHEAT RIDGE CASE NO. 4~Z-93-9 ~ ~ r~~~ ~ EXHIBIT 'B' ~~CS~I 01 1993 NOTICE OF NEIGHBORHOOD INPUT MEETIN~ rj`i`7 FOR REZONING QLANNING & DEVELOPMENT ~E/~L £! Ti-/FFJ ~ ~~~ ~ ___IS PROPOSING A REZONING FROM ; ON PROPERTY LOCATED AT ~{ ~~.5` T/-~BD/2 ST.EEE~' - "~ - 2d THE~LOCATION OF THIS MEETING IS 7Knn Lt~nst a9~`A.,F. IW/JEATR/P~~ G/irs /~~7c~~ .~-'FGODP THE TIME AND DATE FOR TIiIS MEETING SS ~ -p~m' THE PURPOSE FOR THIS PROPOSAL IS !- ° °-' ^ • • • • ~ ~ 2 ~ %~-~ >''~ The City of Wheat Ridge has adopted a require,uC.a~ ~==ate, r-~~- ~- 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, 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 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. n Neighborhood Input Meeting, please use..the the back of this form to list any specific- -suggestions which you may have regarding this ign it and give it to the applicant, as he is these forms to the City along with his. ~ E. eF- re LL}T M6-ly .,~cpnN(~i.® - _ PRINNT NAME ADDRESS PHONE i~'Cc~?c9.wa-a 1~~~1-73~-//66'!-&3 w 4~F`~ S`-a~.-~5~8./ <pc no is /neighborhoodmtg/zk ~~, ~2Gt~tJ .Elf ~a~~ a--ti ~~~~-~~~a~ ~~1~~~ No response from you by this date willVconstitute no obj ctbonssorlconcerns revardin~sth srnjs proposal g g proposal. CASE NO: WZ-93-9/Silz LOCATION: 4425 Tabor Street REQUESTED ACTION: Rezoning from A-1 to C-1 PURPOSE: Expansion of existing produce market at 11801 West 44th Avenue to the north APPROXIMATE AREA: ,9 acre. _ 1• Are public facilities or services provided by-your agency adequate to serve this development? YES ... NO If "NO" please explain below. Unknown at present 2- Are service lines available to the development? YES NO If "NO,. please explain below. Unknown at present 3• Do you have adequate capacities to service the development?ached letter YES X NO If "NO„~ please explain below. 4• Can and will your agency service this proposed development subject to your rules and regulations? YES~_ NO If "NO„ - please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: ~//~~~~ ~ A/s A ~ Department of Planning & Development DISTRIBUTION: ~Tat~~Dstrict -(cV_aI~~Y-1 XX Sanitation District (Fruitdal~ XX Fire District (Arvada ) Adjacent City ( ~ XX Public Service Co. US West Communications State Land Use Commission State.Geological Survey Colorado Dept. of Transportation Colorado Div, of Wildlife TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 October 22, 1993 City of Wheat Ridge P.O. Box 638 Wheat Ridge, CO 30034 Attn: P!feredith Reckert Dear Meredith: Valley Water District has reviewed Case #WZ-93-9, Silz at 4425 Tabor Street and I offer the following comments. 1. Additional water lines and fire hydrants may be needed to meet AFPD requirements for an expansion of the existing produce market. Also, AFPD may require a fire. sprinkler water line system. 2. Property is currently being served but tap size may need to be increased to meet property water supply de- mand requirements. If you have any questions, please call me at 424-9661. S~inc/erely, ~ ~,Q !'L~'6~Z~~' `-ter Robert Arnold District Manager ~rrY ®~ tv~r~,ar ~,®u~ D ~~n~ n, ~r ~ 2 ~' 1993 pL~1NlYf.. -: u ~/ x DEVELOp~E~yT 7500 WEST 29TH AVENUE _ _ P.O. BOX 638 The Clty Of WHEAT RIDGE, C080034-0638 _ (303) 234-5900 cWheat City Admin. Fax#234-5924 Police Dept. Fax#235-2949 ~1Cige October 20, 1993 The Wheat Ridge Department of Communi for approval of a rezoning from Agr ~ D.evelopment has received a request :ultural-One to Commercial-One at the-property described below. Your response to the following questions and any .comments ,on this proposal would be appreciated by November 5. 1993 No-response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-9/Silz- LOCATION: 4425 Tabor Street REQUESTED ACTION: Rezoning from A-1 to C-1 PURPOSE: Expansion of existing produce market at 11801 West 44th Avenue to the north APPROXIMATE AREA:. ,9 acre __ _ _ 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? S~VIt~° ~~ b S~(yaY`1C YES NO If "NO", please explain below. rya ~ ` ~ J ~7 3. Do you have adequate capacities to service the development? YES 5/ NO ,__If "NO", please explain below.. 4. Can and-will your agency service this proposed development subject to your rules and regulations? YES NO If-"NO",.please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? a'y Please reply D7cmnrarrr.+r.~-- XY r,rater ;,strict Valle" , €`S~irita~3on-D~triot ` a.re Distric ,ate _~ Adjacent City ( ) XX Public-Service Co. US west Communications. State-Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div, of Wildlife TCI of Colorado Department of Planning & Development XX XX id Rn o r~~.l Ynprr ~~~ A Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W`R Police Dept: W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform 7500 WEST 29TH AVENUE P.o. sox sae The City of WHEAT RIDGE. CO 90034-0638 (303j 234-5900 Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~Rld.ge October 20, 1993 The Wheat Ridge Department of Community for approval of a rezoning from Aarict has received a request t0 COmmeYni a l -(lnc Your response to the followin ~ at the property described below. would be appreciated b g questions and any .comments ,on this proposal date will constitute no objectionssorlconcerns regardingsthisoproposal,this CASE NO: WZ-93-9/Silz LOCATION: 4425 Tabor Street REQUESTED ACTION: Rezoning from A-1 to C-1 PURPOSE; Expansion of existing produce market at 11801 West 44th Avenue to the north APPROXIMATE AREA: .g acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES ci 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 ~ If NO 1V0 " " please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~~ Please reply to: ~///~~~ ~~~ ~ Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) XX Sanitation District (Fruitdald XX Fire District (Arvada ) Adjacent City ( j XX Public Service Co. US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. R Forestr Div. ~1.=R--:B.uilding- 1v;- <po>re erra. orm ca u,~<,. o.r r.,,~..,~ $ _ _- i_ 7500 WEST 29TH AVENUE ... The CltyOf P.O. BOX B38 WHEAT RIDGE. CO 80034.0638 (303) 234-5900 heat City Admin. Fax # 234-5924 Police Dept. Fax k 235-2949 Ridge October 20, 1993 The Wheat fOr a1~P Department of Community Development has received a request of a rezoning from Agricultural-One to Commercial-One - at the property described below. Your response to the following questions-and any comments on this proposal would be appreciated by November 5, 1993 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-9/Silz LOCATION: 4425 Tabor Street REQUESTED ACTION: Rezoning from A-1 to C-1 PURPOSE: Expansion of existing produce market at 11801 West 44th Avenue to the north APPROXIMATE AREA: ,g acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines. available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect appro~~v/a/l~ opf thi/ns~ request? Please reply to~~~/R~~Z~C~ i'l~--c~~ Re~kert _ Department of Planning & Development DISTRIBUTION: XX Water District ( Valley ) XX Sanitation District (Fruitdal~ XX Fire District (Arvada ) Adjacent City ( ) XX Public Service Co. US West Communications State Land Use Commission State Geological Survey Colorado-Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform Ca e„~„a,~d r,„~,,, ~ MEMORANDUM Approved Date TO: Meredith Reckert, Planner FROM: Greg Knudson, Development Review ~. DATE: October 25, 1993 SUBJECT: WZ-93-9/Silt 4425 Tabor Street Public Works has reviewed the site plan for the above-referenced project, and has the following comments: 1. There is a current drainage plan/report on file. If the proposed site has revised a new drainage plan/report will be required. 2. We will need a plan for the Tabor Street frontage improvements. 3. We will need 10 feet of right-of-way dedication to upgrade Tabor Street to a standard collector street section. cc: Steve Nguyen ~ MEMORANDUM ~ Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer C DATE: December 14, 1993 SUBJECT: 4425 Tabor Street WZ-93-9/Silz - Second Review Public Works has reviewed the second submittal of the site plan for the above referenced project, and has the following comments: 1. Reference needs to be made to the current drainage plan and report on file with respect to impact made as a result of the proposed improvements. Detail 2 year and 10o year runoff quantities. Detail type of surface to be placed for the site. 2. We will need a more detailed plan regarding the Tabor Street frontage improvements for curb, gutter, walk and paving. 3. We will need 10 feet .of right-of-way dedication to upgrade Tabor Street to a standard collector street section. GWK cc: Steve Nguyen Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on December 2, 1993 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Z- -9• An application by Heinz Siiz for approval of a rezoning from Agricultural-One .to Commercial-One and for approval of a site plan for development within the Fruitdale Master Plan area. Said property is located at 4425 Tabor Street and is legally described as follows: That part of Lots 9 and 10, Lee's Subdivision described as follows: Beginning at a point on the east line of lot ten (10 ), 198 feet north of the southeast Corner, thence 210 feet west, thence 132. feet north, thence 210 feet east, thence 132 feet south to the point of beginning; except that part of Lot 10 described in deed recorded under reception No. 89042285. And beginning at the southeast corner of Lot nine (9), thence 210 west, thence 66 feet north, thence 210 feet east, thence 66 feet south to the point of beginning, County of Jefferson, State of Colorado. 2. Case No ZOA-93-3• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-6(B) relating to Special Use Permits, and Sections 26-5 and 26-23 relating to Pawn Shops. Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO 80033. 3. Case No ZOA-93-4• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 25-5. Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots". Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO 80033. 4. Case No ZOA-93-5• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Subsections 26-22(D) and 26-23(D) relating to the use of semi-trailers, other mobile trailers and shipping .' containers for the purpose of outside storage and warehousing. Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO 80033. 5. Case No WZ-93-10• An application by Drake Contractors, Inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Said property is legally described as follows: THAT PART OF THE NE 1/4 $W 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORAD, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 00° 00' 00" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 740 48' 48" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 740 48' 40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526.73 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET; AND PARALLEL TO THE SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET; THENCE N 740.48' 40" E, PARALLEL TO SAID SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET, THENCE N 000 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING. ATTEST: Wanda Sang, City Clerk To be Published: November 16, 1993 Wheat Ridge Sentinei <pc>pn12/2/93 -- ` P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 Wheat November 16, 1993 `Ridge This is to inform you that Case No. W$-g3-9 which is a request for = f - o -1 a d a roval for property located at 4425. Tabor Street will be heard by the Wheat Ridge p3anninn r,,..,..,;..sioil in the Council Chambers of the Municipal Complex, on Dpr~m_ber 2 1A9~ Ail owners and/or their legal counsel of the parcel under consideration be present at this hearing before the Planning C'ommiccipn ~ - '-- 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. ..~.;o- PLANNING DIVISION <pc>phnoticeform 7500 West 29th Avenue at 7e40 n m , `°The Carnation City" Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to .provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner __ t~ ~ - ~ a - ---a i ~' I~ ~~ I~ I w _ ^ ~m a ~~ N p d Y~ a w ~ ~ .. ~ ~j ~ ~ ~ Lo ~>~m d m r o .r L°d m ~N m r ~ 2 u? s w m U~ ~ W y r N N U S `p W ~' m 1 3~ a m $' ~ ~ 3~ 9 ~ n ~ ~ a %¢~ m a m ` m a~ ¢ ~ W .~ w n W hw .'n E rl a > m O ~ (V ~ N U ~V( ~ VNI ? ~ ~ ~ U ~ > ~ ~ d O '..~_- d ~ fLl~ ~. ~ J O p a ~ Q in ~ ¢ m ¢ o < o g ~pp V 7 h of E g ~ V 1~ N ~ ` ' ` E ~ ~ ~ E~ ~ u g ~ ~ ~ ~ sm ~q (~ ~~m s e ~ E ~'~§d Q r~ • ~' ~ Q a ~ w ^,.S 7w n y~ ~ v f4 `~ ~ ~C~ ~ ~ m .~g~ g ~ =0 88 ~ m 'C1 ry} S. m € " a8~ ~ 3 ? a' 'Ef ~' {7f ~ {eZ ' ~ eQ~ ~ ~ ~m e ~~ H y ~Z o¢@g ~ ~ ~G ~ . 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THE REGHT OF RETURN ADDRESSLOPE TO ACE STICKER AT TOP OF ENVELOPE TO RIGHT OF RETI IRN ADDRESS. ~__ _, E RIGHT OF RETURN ADDRESS. ~_ _ ~-.rr ~_.__-..._ .._.- ~-- TT __ _ .._ .. ~~ nave Heim}~echer i • CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Planning Commission Date Prepared: Nov. 22, 1993 Date of Meeting: December 2, 1993 Case Manager:'Meredith Reckert Case No. & Name: WZ-93-9/Silt Action Requested: Rezone from A-1 to C-1 and site plan approval Location of Request: 4425 Tabor Street Name & Address of Applicant(s): Heinz & Thea Silz 15745 Highway 34, Ft. Morgan 80701 Name & Address o£ Owner(s): Same ----------------------------------------------------------------- -- Approximate Area: .95 acre Present Zoning: Agricultural-One Present Land Use: vacant Surrounding Zoning: N, E & Ws A-l; S: C-1 Surrounding Land Use: ~ E: Single-family residence; ~ vacant; S: produce market Comprehensive Plan for Area: Fruitdale Valley Master Plan Date Published: November 16, 1993 Date to be Posted: November 18, 1993 Date Legal Notices Sent: November 16, 1993 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 of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. Planning Commission Staff Report Page 2 Case No. WZ-93-9/Silz I. REQUEST The applicant requests approval of a rezoning from Agricultural-One to Commercial-One and approval of a site plan for development at 4425 Tabor Street. Pursuant to Case Nos. WZ-88-4 and WZ-90-8, the applicant rezoned property to the south to C-1 and built a produce market roughly 14,000 square feet in size. The applicant purchased the subject property in 1990 and has been using it as an extension of the produce market since then. This rezoning to C-1 will legitimize the commercial use of the land. I2. SITE PLAN The property is roughly one acre in size and is not developed. It does, however, have on it a fiberglass greenhouse, a semi-trailer, an unscreened outdoor storage area and several smaller trailers. The applicant has proposed a site plan included under Exhibit 'A'. Staff has the following comments in regard to the proposed plan: 1. A six-foot-high solid fence must be built on the north and west sides with six feet of landscaped buffer. 2. All permanent structures must meet C-1 setback requirements. 3. The semi-trailer being used for storage is not allowed and must be removed. 4. A minimum of 10~ of the property must be landscaped. 5. The existing large trees on the property should be saved. 6. All areas used for parking and drives must be paved. 7. The owner may want to put in a drive aisle connection with his lot to the south to allow traffic to go between the two properties without having to use Tabor Street. 8. The Fruitdale Valley Master Plan states specifically that no outdoor storage should be allowed, therefore, none should be allowed on the site. 9. The site plan, in general, does not meet the requirements for a Type I site plan. Although it indicates the use o£ the property, it needs to be re-drawn to meet the requirements laid out in Section 26.6(E) o£ the Wheat Ridge Code of Laws. Planning Commission Staff Report Page 3 Case No. WZ-93-9/Silz II2. CRITERIA TO JUSTIFY A ZONE CHANGE Staff feels that a change of character in the area has occurred due to previous changes in zoning and development and has the following comments relative to the criteria to support this request: 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. This property is indicated at Multiple Use in the Comprehensive Plan. The Fruitdale Valley Master Plan designates this property as Office/Business Park on the edge of Neighborhood Commercial. The change of zone will bring the property into conformance with both the Comprehensive Plan and the goals, objectives and policies stated in the Fruitdale Valley Master Plan for Neighborhood Commercial if it is developed appropriately. 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. The proposed change of zone is compatible with the surrounding commercial property to the south and further to the west and will have minimal adverse impacts to the properties to the north and east if adequate buffering is provided. The properties to the north and directly adjacent to the west will likely be redeveloped to commercial in the future, while the properties to the east will remain residential. It is staff's belief that the use proposed will be a buffer between the high density residential uses east of Tabor Street and the more commercially intensive uses allowed west of Tabor Street. 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 by virtue of generated'sales tax from expansion of the existing use allowed by the change of zone. 9. 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. All responding agencies have indicated that there is adequate infrastructure available to serve the uses proposed and allowed by the change of zone. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic Planning Commission-Staff Report Page 4 Case No. WZ-93-9/Silz congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The proposed rezoning will not adversely affect public health, safety or welfare as it will not create excessive traffic congestion, create 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 property can reasonably be developed under the existing zoning conditions however, the added area allows expansion of the existing use to the north. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 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. The proposed zone change will allow an existing use to expand and could encourage development within the Tabor/West 44th Avenue area. IV. NEIGHBOR$OOD MEETING A meeting for neighborhood input was held on October 28, 1993. Persons in attendance were: Meredith Reckert, staff Heinz & Thea Silz, owners Kim Stewart, 11700 West 46th Avenue An additional written response was received by this office. All responses supported the request. V. AGENCY REFERRALS Valley Water indicates that the existing tap may have to be increased based on water demand. Public Works is requesting a five-foot right-of-way dedication for Tabor Street and for the construction of curb, gutter and sidewalk along that frontage. Arvada Fire District has no problem if there is no access by the public in the greenhouse. If there is access by the general public Planning Commission Staff Report Page 5 Case No. WZ-93-9/Silt - (retail sales area), the greenhouse will have to be upgraded with fire walls, exiting, etc. VI. CONCLUSIONS AND RECOMMENDATIONS _. _ Staff concludes that,.in general, the criteria supports approval of this request as it is an expansion of the existing use to the south, if it is developed properly. However, the site plan for development submitted as part of the application is lacking in regard to buffering, access and in general, character of the development. It also does not meet the requirements of a Type I site plan. For these reasons, a recommendation of Approval is given for the rezoning, with the condition that Staff's concerns outlined in Section II of this report are incorporated into the site plan prior to City Council review. VII. RECOMMEND$D MOTIONS: OPTION A: "I move that Case No. WZ-93-9, a request for approval of a rezoning from Agricultural-One to Commercial-One for property located at 4425 Tabor Street, be Approved for the following reasons: 1. The evaluation criteria support approval of this request as an extension of the produce market to the south. 2. Staff recommends approval. With the following condition: 1. That the concerns outlined in Section II of this staff report be incorporated into the site plan prior to City~Council review." OPTION B:__!'I move that Case No. WZ-93-9, a request for approval of a rezoning from Agricultural-.One to Commercial-One for property located at 4425 Tabor Street, be Denied for the following reasons: 1. 2. 3. " <pc>srwz939 CASE NO. WZ-93-9 AGENCY REFERRALS SUMMARY XX Fire: - (Ar~rada) An additional fires h~rrl r-~-+~ mar },a ra~lilr2d Schools: XX Water: (Vallev) an serge but may need to incr a ap size XX Sewer: ( rn;i-dal 1 No rP ponaa US West Communications: XX Public Service Co: _ No response. State Land Use Comm. (over 5 acres):_ State Geologist: State Highway: Je££erson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: - -_- i CITY DEPARTMENTS XX Public Works: _ Wi11 require a ten-foot right-of-way dedication and the installation of curb Gutter and sidewalk along Tabor Street Parks & Recreation: Police: XX Building Inspection: No response. pc/Agencyrefsum ~ i Planning Commission Minutes Page 2 December 2, 1993 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Mr. Gidley noted that he had received a letter from Chairman LANGDON, who is recuperating from surgery, requesting that item 5. be postponed to a future meeting when he can be present. Commissioner ECKHARDT moved that the agenda for the meeting of December 2, 1993 be approved as printed and that item 5. be postponed to the second meeting in February, 1994., Commissioner CERVENY seconded the motion. Motion carried 6-O. 5. APPROVAL OF MINUTES Commissioner QUALTERI noted a typographical error on page four, paragraph three. It should read ". north and south sides of the property." Commissioner ECKHARDT moved to approve the minutes for the meeting of November 4, 1993 as corrected. Commissioner QUALTERI seconded the motion. Motion carried 4-O, with Commissioners RASPLICKA and OWENS abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one had signed the roster, nor came forward to speak. 7. PUBLIC HEARING 1. tease No. WZ-93-9 •. An application by Heinz Silz for approval of a rezoning from Agricultural-One to Commercial-One and for approval of a site plan for development within the Fruitdale Master Plan area. Said property is located at 4425 Tabor Street. Ms. Reckert presented the staff report, which included slides. Entered and accepted into 'the record=were the Comprehensive Plan, Zoning Ordinance, case file and exhibits. Commissioner QUALTERI asked Ms. Reckert why staff was accepting ill-prepared applications. Mr. Gidley stated that staff lacks authority'to disallow an applicant to apply. However, Planning Commission has authority not to hear the case, however, if it so desires. Heinz Silz, 15745. Highway 34, Fort Morgan CO, was sworn in. Mr. Silz stated that for the present time, he plans to use the parcel for outside storage for his produce market. Commissioner CERVENY asked what kinds of things he planned to store. on the property. Planning Commission Minutes December 2, 1993 C i Page 3 Mr, Silz answered mainly pallets and bins used in his produce business. He added that Pioneer Feed and Seed ,(who occupy a portion of his structure) stores hay on the property. Vice Chairman RASPLICKA asked Mr. Silz when he planned to build on the property. Mr. S31z stated he planned to fence the west and north sides, and possibly the east side also. Vice Chairman RASPLICKA asked if he planned to leave the area open to the public. Mr. Silz stated a wooden gate was to be installed on Tabor Street. Vice Chairperson RASPLICKA stated he was trying to understand Mr. Silz's planned use for the property. Mr. Silz stated that the rezoning issue came up because he had been unloading trucks on the property, which is not an allowed use on Agriculturally-zoned land. He added he is undecided 'regarding the type of structures he wants to build on the property. E, Commissioner OWENS asked Mr. Silz if he then dust planned to fence the property in, except for the south side, which would allow him access from the produce market. Mr. Si1z answered yes. Commissioner CERVENY asked what type fence he planned to install. Mr. Silz..stated a wooden fence on three sides. Discussion was heard regarding possible options. Vice Chairman RASPLICKA asked then if the application under consideration was for rezoning only. Mrs. Reckert stated no, application was for site plan approval as well, and conditions would have to be met prior to public hearing before City Council. Commissioner OWENS asked Mr. Silz if then he plans to enclose the property. M~ stated that he had planned to do some screening with trees. He added that he will comply with City Council's wishes. Using the projected slides of the property, Ms. Reckert pointed out the trees mentioned by Mr. Silz. Planning Commission Minutes Page 4 December 2, 1993 Commissioner CERVENY stated he understood that Mr. Silz would not be building for another year. Mr. Silz stated that he intended to install fencing,',landscapixig, and curb and gutter relatively soon. Commissioner CERVENY asked where the fence would be installed. Mr. Silz stated wherever it needs to be installed. Commissioner QUALTERI asked Mr. Gidley if site plan approval Could be separated from the zoning question, and have the applicant return for site plan approval when he has adequate plans prepared. Mr. Gidley stated that would be 'at the discretion of Planning Commission. He added that it is his impression that the applicant doesn't know at this time how he plans to use the parcel of land. If Commission has concern about the applicant's site plan drawing and want the plan upgraded to a Type I Site Plan, then Commission must be very specific about the necessary changes. Vice Chairperson RASPLICKA reiterated that applicant's operation is currently nonconforming and he is trying to rectify that ( situation. Commissioner CERVENY stated that the Fruitdale Master Plan allows no outside storage. What problems would be created if outside storage was allowed on this property? Mr. Gidley stated that the more often you violate the plan, the less viable the plan becomes. However, if you comply with the intent of the plan by not allowing outside storage which detracts from the neighborhood by not being screened, the intent of the Fruitdale Master Plan could be met. Commissioner CERVENY asked if the pole building ,would be allowed if screened? Ms. Reckert answered yes, it was. Commissioner CERVENY noted no dimensions were given for the temporary cooler or the semi-trailer. In addition, setback information was not included. The plan, he added, can be prepared by the applicant, providing required information is provided. Discussion followed. Mr. Silz stated that the pole building was the only permanent structure on the property in question. Planning Commission Minutes Page 5 December 2, 1993 Discussion regarding placement of the fence was heard. Commissioner QUALTERI asked Mr. Silz for what the reason did he draw in the semi-trailer on his site development plan? Mr. Silz answered the semi-trailer is on wheels. Commissioner QUALTERI asked why Mr. Silz incorporated the semi- trailer and temporary cooler into his site plan. It was noted that Mr. Silz had depicted the site as it was presently. Mr. Gidley pointed out that not all allowed uses for C-1 zoning may be appropriate for this site and Commission may wish to exclude auto-related sales/service. Vice Chairperson RASPLICKA asked Mr. Silz if he would agree to the deletion of auto-related sales/service from the list of allowed uses, if Commission rezoned the property to C-1. Mr, Silz asked if auto-related sales and service was allowed in C-1 zoning. He added that auto-related sales/service was deleted from allowed uses on the parcel to the south containing the produce market,. 4 Vice Chairman RASPLICKA asked Mr. Silz if he was agreeable that auto-related sales/service would be deleted from allowed uses on the subject property, if Commission approves his request for C-1 zoning. Mr Silz suggested C-1 zoning uses be revised so that auto- related sales/service would not be an allowed use. Commissioner QUALTERI asked if Case No. ZOA-93-4 (to be heard later this meeting) would be applicable in this case? Mr. Gidley answered that it would be applicable only if another auto dealership was located within 1500 feet of the site in question. If that was the case, then that use would be excluded from allowed uses at the location in question. Commissioner QUALTERI asked if an auto dealership existed within 1500 feet? Mr. Gidley stated there is an existing auto dealership approximately 1500 feet to the west. Mr. Gidley reiterated that Mr. Silz had indicated that he does not wish to sell or service automobiles at this location, however, Mr. Silz may not always be the owner of this property. `~ Mr. Si1z reiterated that if the C-1 zoning allows the sales and service of automobiles, then the zoning uses should be changed. Planning Commission Minutes Page 6 December 2, 1993 Commissioner CERVENY stated his concern was that perhaps another truck stop could be operated in this location. He added that perhaps the rezoning request should be denied until such time as Mr. Silz could return with a Planned Commercial Development for review, specifying exactly what he intends to do on the site. Mr. Silz stated he did not apply to use his land for auto-related sales/service. He asked if the property was zoned C-1 and at a later date he sold it, could the new owner sell auto parts or service cars? Commissioner CERVENY answered yes and explained. Ms. Reckert explained-that when the Silzs applied for zoning on the south parcel (produce market), there was a site plan recorded stipulating that auto-related sales or service could not be done on the property. Mr. ilz stated that a service station was excluded as well. Mr. Gidley recollected that the recorded site plan eliminated auto repair or auto sales. Commissioner ECKHARDT suggested that the property be restricted to those uses ancillary to the property to the south. Ms. Reckert stated that limiting the uses to those ancillary to the produce market might create problems when the property is sold. Mr. Gidley asked Commissioner ECKHARDT if his suggestion was that the restrictions applied to the produce market ought to apply to. this property? Commissioner ECKHARDT stated he was uncertain what restrictions were placed on the produce market. He added that he was suggesting that the uses of the property in question be z'estricted to those uses ancillary to the produce market such as greenhouse, Christmas tree sales or storage for the feed store. Commissioner CERVENY asked Commissioner ECKHARDT what his feelings might be if someone wanted to put a shoe store at that location. Commissioner ECKHARDT said he didn't have an answer at this time. Commissioner OWENS had concern with restricting the uses on this parcel, since the uses were normally allowed in C-1 zoning. Mr. Gidley stated then when a master plan is adopted for a certain area, Planning Commission and City Council have the ~. authority to limit uses within specific zone districts, without forcing a planned development. • i Planning Commission Minutes Page 7 December 2, 1993 Commissioner OWENS felt rather than restricting certain uses, perhaps a different zone designation could be found which would eliminate the undesired uses. Vice Chairperson RASPLICKA asked what the procedure would be if -- use restrictions had been previously placed on the site plan and a new owner wanted to open that kind of business. Mr. Gidley stated that the new owner must apply to remove the use restrictions to do so. A public hearing before Planning Commission and City Council would be required before the restricted use could be allowed. Mr. Gidley stated that a potential. buyer would know of any use restrictions, as the plat maps indicate when conditions have been placed on properties. He added that the ordinance is recorded against the property, so that anyone doing a title search would discover the limitations on the zoning uses. Mr. Silz-asked if he sold the property, .would the new owner be limited to using the property as a produce market? Vice Chairperson RASPLICKA stated he did not believe so. However, the suggestion had been made to restrict uses to those ancillary to the produce market. Ms. Reckert stated she felt that limiting the use to those ancillary to the produce market did not achieve the purpose for the applicant. Commissioner ECKHARDT stated he had no problem with the use Mr. Silz has spoken about, however, he does have a problem with allowing all uses in the C-1 zone district on that property. He added that requiring a PCD for the parcel, as Commissioner CERVENY suggested, would negate those concerns. Mr. Gidley suggested another option, rezone to R-C and approve a Special Use Permit. J Mr. Silz stated that R-C zoning would not allow him to sell milk. Mr. Gidley stated that R-C zoning allows stores for retail trade limited to 2000 square feet and it does include dairy product stores. Mr. Siiz asked if that rule had changed since he rezoned? Mr. Gidley stated that he thought it had. However, he stated there is a long list of allowed uses for R-C zoning. Vice Chairperson RASPLICKA asked if he would be willing to change ~ his zoning request to from C-1 to R-C? • Planning Commission Minutes December 2, 1993 Page 8 Mr. Silz stated no, he would be degrading himself. He added that 2000 square feet would not allow him to do anything. Vice Chairperson RASPLICKA stated that Commission was trying to find a way to approve his request, but retain some control of uses allowed. Commissioner ECKHARDT stated he was not aware that Mr. Silz was planning to have retail sales on the lot in question. He added that he thought mainly Mr. Silz was planning to use the land for storage. Mr. Silz stated that he would have retail sales in the greenhouse. Mr. Gidley reiterated that the greenhouse would be allowed by virtue of a Special Use Permit, without limitation for square footage. There is a long list of uses, including retail grocery and convenience stores up to 5000 square feet. He explained further. Mr. Silz stated that if he has to spend a large amount of money on fencing, landscaping, etc., he wants to be able to use the land to his advantage. He thought that Commission should place the same restrictions on this parcel as placed on the south ~, parcel previously. Commissioner OWENS suggested that be done. He elaborated. Mr. Gidley stated his recollection was that auto sales and service and car washes were eliminated. Commissioner OWENS asked Mr. Gidley if that would be adequate. Mr. Gidley stated he could feel comfortable with that. Mr Silz stated that was acceptable to him. Commissioner CERVENY moved that Case No. WZ-93-9, an application by Heinz Silz for approval of a rezoning from Agricultural-One to Commercial-One and for approval of a site plan for development within the Fruitdale Master Plan area on property located at ¢425 Tabor Street, be recommended for Approval and forwarded to City Council 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. The evaluating criteria support approval of this request as an extension of the produce market to the south. i 3. Staff recommends approval. i Planning Commission Minutes December 2, 1993 With the following conditions: Page 9 1. That the concerns .(numbered 1-9) outlined in Section II. Site Plan of the Staff Report be incorporated into the site plan prior to Council review; and 2. The only uses allowed on the property located at 4425 Tabor Street be the same allowed on the property to the south currently utilized as a produce market. Ms. Reckert asked if Commissioner CERVENY intended to allow screened outdoor storage. Commissioner CERVENY added a third condition as follows: 3. All outside storage be screened from view with a six-foot- high fence. Items stored would be no higher than the fence. Commissioner CRUMPTON seconded the motion. Commissioner QUALTERI asked if the fence could b~ a solid 'wood type fence. Commissioner CERVENy agreed that was his intent. Motion carried 6-0. 2. Case No. WZ-93-10: An application by Drake Contractors, Inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Ms. Reckert presented the staff report. She asked if she could answer questions. Commissioner ECKHARDT asked for the correct address of the property. Ms. Reckert answered the correct address was 5190 Parfet Street. Commissioner QUALTERI asked if a permanent access existed between Lots 1 and 2? Ms. Reckert stated that drive had been accommodated on the plat. Dennis Drake 3911 Simms Court was sworn in. Commissioner QUALTERI asked Mr. Drake if he was in accord with the plan depicting on the south side of the property a fire lane, driveway and access to the rear of the property? i ~~ Mr. Drake answered yes, he was. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION C CASE NO: WZ-93-9 LOCATION: 4425 Tabor Street APPLICANT(S) NAME: Heinz & Thea Silz OWNER(S) NAME: Same as above REQUEST: Rezone from A-1 to C-1 and site plan approval APPROXIMATE AREA: .95 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list 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 CRUMPTON, that Case No. WZ-93-9 be forwarded to City Council with a recommendation for Approval with the following conditions: 1. That the concerns (numbered 1-9) outlined in Section Ii. Site Plan of the Staff Report be incorporated into the site plan prior to Council 'review; and 2. The only uses allowed on the property located at 4425 Tabor Street be the same allowed on the property to the south currently utilized as a produce market. 3. All outside storage be screened from view with a six-foot-high solid wooden fence. Items stored would be no higher than the fence. 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 care. 2. The evaluating criteria support approval of this request as an extension of the produce market to the south. 3. Staff recommends approval.. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny and Crumpton NO: None I, Sandra Wiggins, Secretazy to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 2nd day of Dec ber, 1993. p /, ~ K ~ .Gi~~~ Jay"Rasplicka, Vice Chairperson San ra Wiggins, S c tary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANK COMMISSION <pc>resowz939 w NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on February 14, 1994 at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-93-10: An application by Drake Contractors, inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Said property is legally described as follows: THAT PART OF THE NE 1/4 SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 000 00' 00" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 740 48' 48" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 740 48' 40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526.73 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET; AND PARALLEL TO THE SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET; THENCE N 740 48' 40" E, PARALLEL TO SAID SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET, THENCE N 000 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING. 2. Case No WZ-93-9• An application by Heinz Silz for approval of site design variances as part of a site plan for development within the Fruitdale Valley Master Plan for property located at 4425 Tabor Street. The variances will be considered concurrently with a zoning case. Said property is legally described as follows: That part of Lots 9 and 10, Lee's Subdivision described as follows: Beginning at a point on the east line of lot ten (10), 198 feet north of the southeast corner, thence 210 feet west, thence 132 feet north, thence 210 feet east, thence 132 feet south to the point of beginning; except that part of Lot 10 described in deed recorded under reception No. 89042285. And beginning at the southeast corner of Lot nine (9), thence 210 west, thence 66 feet north, thence 210 feet east, thence 66 feet ~~ south to the point of beginning, County of Jefferson, State of Colorado. 3. Case No SUP-94-1• An application by Nina Forgo and Rose Foster for approval of site design variances as part of a site plan for development. The variances will be considered concurrently with a special use permit case. The .properties are located at 3516 and 3536 Jay Street and are legally described as follows: 3536 Jay Street That part of the west 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 25, Township 3 South, Range 69 West known as and referred to as part of Lots 8 and 9, Conway Heights, more particularly described as follows: Beginning at a point 168 feet north of the southwest corner of said Lot 8; thence continuing north on west line of said Lot 8, 125.22 feet, more or less to a point 139 feet south of north line of said Lot 9; thence east and parallel to said Lot 9, I25.67 feet to a point 100 feet west of east line of said Lot 9, thence south and parallel to east line of said Lots 8 and 9, 125.22 feet to a point 168 feet north of south line of said Lot 8; thence west 125.67 feet to point o£ beginning, County of Jefferson, State of Colorado. 3516 Jay Street That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township 3 South, Range 69 West, known as and referred to as part of Lot 8, Conway Heights, more particularly described as follows: Beginning at the southwest corner of said Lot 8; thence north 145.5 feet; thence east 140 feet; thence south 145.5 feet; thence west 140 feet to the point of beginning, County of Jefferson, State of Colorado. C ~. ~~ Sandra Wiggins, retary ATTEST: Wanda Sang, City Clerk To be Published: January 18, 1994 Wheat Ridge Sentinel <pc>pnwz9310/wz939/sup941 • ~ `_`". ' P O.BOX 638 TELEPHONE: 301/237~69d4 The Cily o/ 7500 WEST 29TH AVENUE • Wh1EAT (710GE. COLOfiADO 80031 `~1Vheat Ridge POSTING CERTIFICATION CASE N0. (q,~~-13 -~ PLANNING COMMISSION CITY COU~_ BOARD OF ADJUSTMENT (Circle One) HEARIN~~DATE: ~ - / ~/- residing at as the applicant for Case No. ~,~ - ~,3 , q hereby certify that I have posted the Notice of Public Hearing at Lf yZ~" % ~, loO r- S-~ ( l o c a t i o n) ' on this ,~-~~` day of -~ ~ yi 1 94`~ ~ , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this ease. The sign was posted in the position shown on the map below. Signature:~~~., r6 ~~~-~- NOTE: This form must be submitted at the public hearing o^ this case and will be placed in the applicant's case file at the Department of Community Development. 1 n n m v 1 4 P.O.BOX638 - - TE~EPHONE:303!237-6944 - -The-City of 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 ~7Vheat Ridge January 28, 1994 This is to inform you that Case No. WZ-93-9 which is a request for _anAroval of a rezoninct from A-]~ to C-1 and ap royal A \ merit for property located at X425 Tabor Street will be heard by, the Wheat Ridge c;ty C'o„nc;1 in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 n.m. , on February 14, 1994 All owners and/or their legal counsel of the parcel under consideration mush be present at this hearing before the As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform "The Carnation City" o Dear Adjacent Property Owner: If you have received this notice,: you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for.rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of -a proposed development in their neighborhood and to allow the developer to respond to citizen.. concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that .this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in Front of Planning Commission-and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning-Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. _ If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this ' filing is that it requires a_3/4 majority of .City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846.._ The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner-- --___ CITY COUNCIL MINUTES: February 14, 1994 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -3- Item 3. Council Bill 36 - providing for the approval of rezoning from Agricultural-One to Commercial-One on land located at 4425 Tabor Street, ~,ity of Wheat Ridge, County of Jefferson, State of Colorado. (Case hlo. WZ-93-9) (Heinz Silz) Council Bill 36 was introduced on second reading by Mrs. Worth; title read by the Clerk; Ordinance No. 950 assigned. Mr. Gilley presented the staff report and answered questions. Heinz Silz, 15745 Highway 34, Fort Morgan, applicant, was sworn in by the Mayor; he asked for approval of the rezoning and answered questions. Motion by Mrs. Worth that Council Bill 36, (Ordinance 950) a request for approval of a rezoning from Agricultural-One to Commercial-One for property located at 4425 Tabor Street, be approved for the following reasons: 1. The evaluation criteria support approval of this request. 2. Planning Commission recommends approval. With the following conditions: 1. Development be in accordance with Exhibit "A" with the addition of the six-foot buffer along the north. 2. Allowed uses of the property be all C-1 uses except any type of auto repair, cleaning, servicing, sales and storage. 3. That a waiver be included on a development agreement, where he would not be required to sign that. 4. That he would be required to dedicate 10ft for road widening if and when it is widened; seconded by Mr. Eafanti. Mr. Solano asked for a friendly amendment to vote on conditions 3. and 4. separately. This was accepted by Motion-maker and second. Motion with conditions 1 and 2 carried 8-0. Condition 3. failed 1-7 with Mrs. Worth voting yes. Condition 4. carried 8-0. Motion by Mrs. Worth that the request for variance along the north side of property be denied for the following reasons: 1. circumstances;: 2. The evaluation Grit request; seconded by Mr. Edwards; carried Hall voting no. approval of a buffering located at 4425 Tabor Street There arera unique eria do not support this 6-2 with P1r. Siler and Mr. Item 4. Council Bill 37 - repealing and reenacting Section 5-77 of the ,ode of Laws of the City of Wheat Ridge, adopting thereby the National Electrical Code, 1993 Edition, by reference and adopting certain amendments thereto. ~,ouncil Bill 37 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 951 assigned. Motion by Mr. Solano for the adoption of Council Bill 37 (Ordinance 951); seconded by Mr. Edwards; carried 8-0. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date Prepared: Fpb. 1, 1994 Date of Meeting: February 14, 1994 Case Manager: Meredith Reckert Case No. & Name: WZ-93-9/Silz Action Requested: Rezone from A-1 to C-1 and site plan approval Location of Request: 4425 Tabor Street Name & Address of Applicant(s): Heinz & Thea Silz 15745 Highway 34, Ft. Morgan 80701 Name & Address of Owner(s): Same ---------------------------------------------------------- Approximate Area: .95 acre Present Zoning: Agricultural-One Present Land Use: vacant Surrounding Zoning: N, E & ~ A-1; ~ C-1 Surrounding Land Use: N E: Single-family residence; W: vacant; ~ produce market Comprehensive Plan for Area: Fruitdale Valley Master Plan ----------------------------------------------------------------- Date Published: January 18, 1994 Date to be Posted: January 27, 1994 Date Legal Notices Sent: January 28, 1994 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached (XX) None ----------------------------------------------------------------- ENTER INTO ~2ECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ----------------------------------------------------------------- JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting 'requirements have been met, therefore there is jurisdiction to hear this case. • i City Council Staff Report Page 2 Case No. WZ-93-9/Silz I. REQUEST The applicant requests approval of a rezoning from Agricultural-One to Commercial-One and approval of a site plan for development at 4425 Tabor Street. Pursuant to Case Nos. WZ-88-4 and WZ-90-8, the applicant rezoned property to the south to C-1 and built a produce market roughly 14,0.00 square feet in size. Allowed use of the property includes all C-1 uses except any type of auto repair, cleaning and servicing. Staff recommends that the subject property have the same use limitations and that it be expanded to disallow vehicles sales and storage as well. The applicant purchased the subject property in 1990 and has,been using it as an extension of the produce market since then. This rezoning to C-1 will legitimize the commercial use of the land. II. SITE PLAN The property is roughly one acre in size and is not developed. It does, however, have on it a fiberglass greenhouse, a semi-trailer, an unscreened outdoor storage area and several smaller trailers. The applicant has proposed a site plan included under Exhibit 'A'. Staff-has the following comments in regard to the proposed plan: 1. A-six-foot-high solid fence has been shown on the north and west property lines. Pursuant to Section 26-31(C)(5), when a parking lot adjoins property which is agriculturally-zoned but used residentially, a six-foot solid fence with six-foot of landscaping is required. The land directly to the west has A-1 zoning, but is vacant. The property to the north is also zoned A-1 but has a residence on it. Therefore, a six-foot high solid fence is required on the west, and on the north, a fence plus six-feet of landscaping is required. Waiver of this standard requires a variance. See Section III. The owner is requesting the buffering variance because of maintenance problems of the landscaping on the north side of the fence. Instead, he is proposing a greater amount of landscaping along Tabor Street. Under normal circumstances, Staff would not object to this type of transfer, however, we feel the increased buffering on the north is important because of the adjacent residence. A total of 10$ of the property must be landscaped. Unless a variance is granted, Exhibit A should be revised to show a six-foot-wide strip of landscaping north of the fence. ~ i City Council Staff Report Page 3 Case No. WZ-93-9/Silz 2. All permanent structures must meet C-1 setback requirements. This includes the greenhouse which must have a five-foot side setback as shown. 3. The semi-trailer can remain as long as it is used for the transportation needs of the business. 4. The existing large trees on the property will be saved. 5. All areas used for parking and drives must be paved. The outdoor storage area can be road based. 6. The owner may want to put in a drive aisle connection with his lot to the south to allow traffic to go between the two properties without having to use Tabor Street. 7. A 45-foot wide curb cut on Tabor Street is shows where the maximum width for a single property is 35 feet pursuant to Section 26- 31(C)(6)(f). If the Director of Public Works supports the waiver, no variance is required. -The owner claims he needs the wider curb cut because of semi traffic turning radius. The Department of Public Works supports this waiver. 8. A ten-foot wide dedication will occur for Tabor Street. All other minimum requirements have been met. III. VARIANCE As mentioned in Section II, the applicant is requesting a variance to the residential buffering requirement pursuant to Section 26- 31(C)(5)(a) of the Wheat Ridge Code of Laws. Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The property can be a reasonably used if the buffering variance is not granted. 2. Is the plight of the owner due to unique circumstances? Circumstances are not unique. There are many businesses in the City adjacent to residential properties which have provided this kind of buffering. i ~ City Council Staff Report Page 4 Case No. WZ-93-9/Silt 3. If the variation were granted, would it alter the essential character of the locality? If the variance is granted, there will be less visual protection for the single-family residence to the north. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? Staff concludes that the variance has been requested out of convenience. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? If this variance is granted, it could set a precedent for similar requests. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No, the purpose of the variance is convenience for the owner. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? There is no hardship. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Granting of the variance would not be detrimental to the public welfare or improvements in the neighborhood. It could negatively affect the property to the north. g. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Placing the fence on-the property line will reduce the amount of sunlight to the residence and could affect the residential property value. City Council Staff Report Case No. WZ-93-9/Silz IV. CRITERIA TO JUSTIFY A ZONE CHANGE Page 5 Staff feels that a change of character in the area has occurred due to previous changes in zoning and development and has the following comments relative to the criteria to support this request: 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. This property is indicated at Multiple Use in the Comprehensive Plan. The Fruitdale Valley Master Plan designates this property as Office/Business Park on-the edge of Neighborhood Commercial. The change of zone will bring the property into conformance with both the Comprehensive Plan and the goals, objectives and policies stated in the Fruitdale Valley Master Plan for Neighborhood Commercial if it is developed appropriately. 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. The proposed change of zone is compatible with the surrounding commercial property to the south and further to the west and will have minimal adverse impacts to the properties to the north and east if adequate buffering is provided. The properties to the north and directly adjacent to the west will likely be redeveloped to commercial in the future, while the properties to the east will remain residential. It is staff's belief that the use proposed will be a buffer between the high density residential uses east of Tabor Street and the more commercially intensive uses allowed west of Tabor Street. The owner has provided extra landscaping along Tabor Street. 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 by virtue of generated sales tax from expansion of the existing use allowed by the change of zone. 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. All responding agencies have indicated that there is adequate infrastructure available to serve the uses proposed and allowed by the change of zone. City Council Staff Report Page 6 Case No. WZ-93-9/Silz 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 proposed rezoning will not adversely affect public health, safety or welfare as it will not create excessive traffic congestion, create 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 property can reasonably be developed under the existing zoning conditions however, the added area allows expansion of the existing use to the north. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 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. The proposed zone change will allow an existing use to expand and could encourage development within the Tabor/West 44th Avenue area. V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on October 28, 1993. Persons in attendance were: Meredith Reckert, staff Heinz & Thea Silz, owners Kim Stewart, 11700 West 46th Avenue An additional written response was received by this office. All responses supported the request. VI. AGENCY REFERRALS Valley Water indicates that the existing tap may have to be increased based on water demand. Public Works is requesting a ten-foot right-of-way dedication for Tabor Street and for the construction of curb, gutter and sidewalk along that frontage. i ~- City Council Staff Report Page 7 Case No. WZ-93-9/Silz Arvada Fire District has no problem if there is no access by the public in the greenhouse. If there is access by the general public (retail sales area), the greenhouse will have to be upgraded with fire walls, exiting, etc. VII. PLANNING COMMISSION ACTION Planning Commission reviewed-this request at a public hearing held on December 2, 1993. A recommendation of approval was made for the following reasons: 1. The property 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. The evaluating criteria support approval of this request as an extension of the produce market to the south. 3. Staff recommends approval. With the following conditions: 1. That the concerns (numbered 1-9) outlined in Section II. Site Plan of the Staff Report be incorporated into the site plan prior to Council review; and 2. The only uses allowed on the property located at 4425 Tabor Street be the same allowed on the property to the south currently utilized as a produce market. 3. Ail outside storage be screened from view with a six-foot- high fence. Items stored would be no higher than the fence. The concerns expressed above have been incorporated into the request. VIII. CONCLUSIONS AND RECOMMENDATIONS In regard to the variance, Staff concludes that the criteria used for evaluation do not support the request. Therefore, Staff recommends denial of the buffering variance. Staff concludes that, in general, the rezoning criteria supports approval of this request as it is an expansion of the existing use to the south, if it is developed properly and if the use limitations discussed under Section I are applied. Therefore, Staff recommends approval of the zone change with the following conditions: 1. Development be in accordance with Exhibit 'A' with the addition of the six-foot buffer along the north. 2. Allowed uses of the property be all C-1 uses except any type of auto repair, cleaning, servicing, sales and storage. IX. RECOMMENDED MOTIONS' Buffering Variance City Council Staff Report Page 8 Case No. wZ-93-9/Silz OPTION A: "I move that the request for approval of a buffering variance along the north side of property located at 4425 Tabor Street be Denied for the following reasons: 1. There are no unique circumstances; and 2. The evaluation criteria do not support this request." OPTION B: "I move that the request for approval of a buffering variance along the north side of property located at 4425 Tabor Street be Approved for the following reasons: 1. 2. 3. " Rezoning OPTI~__"I move that Council Bill No. 3~ a request for approval of a rezoning from Agricultural-One to Commercial-One for property located at 4425 Tabor Street, be Approved for the following reasons: 1. The evaluation criteria support approval of this request. 2. Planning Commission recommends approval. With the following condition: 1. Development be in accordance with Exhibit 'A' with the addition of the six-foot buffer along the north. 2. Allowed uses of the property be all C-1 uses except any type of auto repair, cleaning, servicing, sales and storage. OPTION B: "I move that Council Bill No. ~, a request for approval of a rezoning from Agricultural-One to Commercial-One for property located at 4425 Tabor Street, be Denied for the following reasons: 1. 2. 3. " <pc>srwz939 _- 1 .__ - - _._ . I ~ ~' Ll1~ a M 3• N ¢ F_ F U O Z= Nx ~ ~ G D ~ 3 0 z 0 .. - Z33FIZS tlOfiFlZ - C7 v? ~ z I N ¢ ¢ ~ ~ N Z Q . ~ ~~ .I .~(n Q Z a y I V1 U Z W .] ~ O y N m y O ~ Q ~ a W y O ~ 00 ~ Z X.. z {11 O 47 'e}' d' -X-'k-X--jf- -il N ~ ~ ' ~ U U ~~ y :."6r--sA:~ J ~E' f ~ 4 ~ INTRODUCED BY -COUNCIL MEMBER WORTH Council Bill No. 36 ORDINANCE NO. 950 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO COMMERCIAL-ONE ON LAND LOCATED AT 4425 TABOR STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY QF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Heinz~$il~ for approval of rezoning in Wheat Ridge, Colorado, Case No. }y~[Z~~=9' 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 exclude from the Agricultural-One District and to include in the Commercial-One District, the following described land: That. part o£ Lots 9 and 10, Lee's Subdivision described as follows: Beginning at a point on the east line of lot ten (10), 198 feet north of the southeast corner, thence 210 feet west, thence 132 feet north, thence 210 feet east, thence 132 feet south to the point of beginning; except that part of Lot 10 described in deed recorded under reception No. 89042285. - And beginning at the southeast corner of Lot nine (9), thence 210 west, thence 66 feet north, thence 210 feet east, thence 66 feet south to the. point of beginning, County of Jefferson, State, of Colorado. Section 2 Condition. Uses allowed shall be all Commercial-One uses except any type of auto repair, cleaning, servicing, sales or storage. Section 3 Vested Property Rights Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. Safet~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 No. 950 Page 2 Series of 1994 ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabiiity. 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 10th day of January , 1994, ordered published in full in a newspaper o£ general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set £or February 14 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 14th day of February _ 1994. SIGNED by the Mayor on this 15th day of February 1994. ~~E~ ~ DAN WILDE, MAYOR ~- CL-LLL~ Wanda Sang, CitN~'Clerk APPROVED A'S TOFORM B,,Y~ ~C~ITY~ ATTORNEY KATHR ROEDER, CITY ATTORNEY, 1st Publication: January 18, 1994 2nd Publication: March 1, 1994 Wheat Ridge Sentinel ---- Effective Date: March 16, 1994 <pc>ordwz939 M E M O R A N D U M C' TO: Greg Knudson FROM: ~ redith Reckert, Planner RE: 4425 Tabor Street DATE: December 7, 1993 Attached please find three copies of the proposed grading/ drainage plan for the lot behind Heine's Market at 4425 Tabor Street. As you know, this property is in the process of being zoned with the site plan for development. The owner is proposing no dramatic changes from what is currently on the property. MR:slw attachment t 'Q/~ ' ~L V'~~ ~ J`7 ~`~~5e ~ ~~t ~~~ ~~1~k `~~k 6~ Gaa J`<t~ '~V~ ~y ~~~ ~~~lh~ ~ ~t`~ ~g~7` ~' ~ io 3 ~- ~~ o T I j ~ -~ S~i/iY ~ ~ ~i LerL~ ~' ~ ~ 8 L7 __ L.~ Md .Se ,~ ~ r nrG- `~~1+ i~ ~ r~ S T~ ~ ~ad s~o~,~~