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HomeMy WebLinkAboutWZ-98-10INTRODUCED BY COUNCIL MEMBER Mancineiii Council Bill No. 28 Ordinance No. 1129 Series of 1998 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF -REZONING FROM RESIDENTIAL-THREE (R-3) TO COMMERCIAL-ONE (C-1) ON LAND LOCATED AT 6551 West 44th 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, Rita Mayo and Randy's Realty, Inc approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-98-10 and based on recommendation for approval 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 R-3 zone district and to include in the C-1 zone district the following described land: The south 155.8 feet of the west 166 feet of the east 306 feet of Block 7, Lakeview Subdivision, Jefferson County, Colorado. Section 2. 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 and the Code of Laws of the City of Wheat Ridge. Section 3. 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. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, suchjudgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 3 on this 7 jrhday of T, i„ , 1998, 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 August 10 1998, 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 6 to 2 this 10th day of August 1998. SIGNED by the Mayor on this 11 tl ATT:s E A L 117 EST Wanda Sang, APPROV AS TO FORM B ITY ATTORNEY 6 5-4z~x GERALD DAHL, CITY ATTORNEY I st Publication: July 17, 1998 2nd Publication: August 21, 1998 Wheat Ridge Transcript Effective Date: September-5, 1998 e:\plmning\forms\ord.frm CITY COUNCIL MINUTES: August 10, 1998 Page-6- . Item 4. Council Bill 28 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) to Commercial-One(C-1) on land located at 6551 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. _ (Case No. WZ-98-10) (Randy's Realty) Council Bill 28 was introduced on second reading by Mr. Mancinelli; title read by the clerk; Ordinance No. 1129 assigned. Andy Cameron, representing Randy's Realty, was sworn in by the Mayor and asked for approval of their application. Martin Omer was sworn in by the Mayor and presented the staff report. Motion by Mr. Mancinelli that Case No. WZ-98-10, an ordinance zoning certain property within the City of Wheat Ridge with an address of 6551 West 44h Avenue, County of Jefferson, Colorado, as legally described in Exhibit A, to Commercial-One (C-1) pursuant to Section 26- 22, of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, be approved, with associated conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would result in the entire property being in conformance with the Comprehensive Plan. 3. There would be no significant negative impacts as a result of the zoning. With the following conditions: 1. Should the applicant and/or business operator choose to convert any portion of the space currently represented as security/watchman residence to commercial use, they shall be responsible for the asphalt paving of all parking areas on the site not already so paved, and the accurate striping of the minimum necessary parking spaces required for the combined additional and existing commercial use of the property per the City's Zoning Regulations. The parking so provided shall also meet the criteria of the Americans with Disabilities Act. Satisfaction of this Condition shall be met prior to issuance of a Certificate of Occupancy by the City of Wheat Ridge. 2. If the caretaker/security residence changes, or is converted from an accessory use, the entire site shall be brought up to Commercial-One zoning landscape standards with the additional landscaping being added to the north and northwest property boundary area; seconded by Mr..Siler. Mrs. Dalbec will not vote for this because it is very close to residential properties and she is concerned about what can happen in the future. Motion by Mrs. Shaver to add amend to add conditions 1. 4. 5. 6. And 7. as recommended by staff; seconded by Mr. DiTullio; carried 5-3 with Councilmembers Siler, Eafanti, and Mancinelli. voting no. CITY COUNCIL-MINUTES: August 10, 1998 Page - 7 - Motion by.Mrs. Shaver to amend that if the land use for the entire property is changed, the applicant property ownershall apply for a PCD;.seconded by Mrs. Dalbec; failed 5-3 with Councilmembers Dalbec, Shaver, and Worth voting yes. Mr. Siler voted against the amendment because he feels we are singling out this property owner and requiring him to do things other developers don't have to do; putting a restriction of this can make this property difficult to sell in the future; we already have codes and ordinances in place to take care of commercial property. Motion by Mrs. Shaver to amend that the applicant property owner shall stripe the rear parking lot; parking stalls shall be clearly striped with the handicapped symbol as required by the Americans with Disabilities Act; a total of 48 striped parking spaces shall be established and maintained; seconded by Mrs. Worth; failed 5-3 with Councilmembers Shaver, Worth, and DiTullio voting yes. Motion by Mrs. Worth to amend that handicapped parking be provided on the site in accordance with the ADA; seconded by Mr. Siler, carried 8-0. Vote on original motion as amended carried 6-2 with Mrs. Shaver and Mrs. Dalbec voting no. Motion by Mrs. Dalbec that we suspend the Rules and combine Items 2 and 3 for public hearing purposes; seconded by Mr. Siler; failed 5-3 with Councilmembers DiTullio, Worth, and Mancinelli voting no. This needed a super majority to pass. Motion by Mrs. Dalbec to suspend the Rules and hear Item 3 before Item 2; seconded by Mr. Siler; failed 4-4 with Councilmembers Donnelly, Shaver, Siler, and Dalbec voting yes. Motion by Mrs. Shaver to suspend the Rules that Councilmembers can only speak two times on Items 2 and 3; seconded by Mrs. Worth; failed 5-3 with Councilmembers Shaver, Worth, and Dalbec voting yes. Item 2. Approval of a Street Width designation for West 43 d Drive for the Industrial Park located. at approximately 13500 West 44`" Avenue. (Case No. SW-98-01) (44 Eldridge LLC, c/o Tom Hartley) Item 2 was introduced by Mrs. Dalbec; title read by the Clerk. Applicant, Tom Hartley, was sworn in by the Mayor and asked for approval. Martin Orner was sworn in by the Mayor and presented the staff report. being added to the north and northwest property boundary area. 3. A standard dumpster enclosure shall be constructed (Building Permit required) wherein the dumpster shall be kept. 4. All signage associated with the front freestanding sign shall be kept in a repaired condition. 5. Landscaping: A. The pavement immediately underneath the freestanding sign shall be removed and replaced with an enclosed planter area (constructed of materials similar to those used for the planter adjacent to the southeast corner of the building) where appropriate shrubs or like plant material shall be planted, with bark/mulch spread, and kept in good living and weed- free condition. B. The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast corner of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and-weed free condition. 6. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. 7. The building and site shall adhere to the City's sign and banner regulations for maximum square footage. Note to Applicant: Should the Applicant or future owner/operator of the tavern choose to convert the caretaker/security residence to commercial use, calculations for required number of parking spaces along with the required amount of landscaping will likely prove that the site is not large n o~ enough to accommodate the required parking and landscaping. Denial "I move that Case No. WZ-98-10, "An ordinance zoning certain property within the City of Wheat Ridge with an address of 6551 West 44 b Avenue, County of Jefferson, Colorado, as legally described in Exhibit A, to Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws and 1 mending the Zoning Ordinance and map to conform therewith," be DENIED, for the following reasons: 1. The proposed zoning is not consistent with the City's re-zoning criteria. 2. There would be significant negative impacts as a result of the zoning. City Council Page 8 WZ-98-10 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: August 10, 1998 DATE PREPARED: July 30, 1998 CASE NO. & NAME: WZ-98-10 CASE MANAGER: Martin Orner ACTION REQUESTED: Approval of re-zoning from R-3, Residential to C-1, Commercial LOCATION: 6551 West 44"' Avenue APPLICANT(S): Rita Mayo and Randy's Realty, Inc. OWNER(S): Rita Mayo and Randy's Realty, Inc. APPROXIMATE AREA: Approximately 6,500 square feet of a total lot size of 25,863 square feet PRESENT ZONING: Split zoning with 6,500 square feet zoned R-3 Residential and 19,363 square feet zoned C-1 Commercial PRESENT LAND USE: Restaurant and tavern SURROUNDING ZONING: North: Residential - Three (R-3) South: R-C, Restricted Commercial (R-C) East: Commercial - One, (C-1) West: Commercial -One (C-1) SURROUNDING LAND USE: COMPREHENSIVE PLAN DESIGNATION: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: North: Residential South: Commercial East: Commercial West: Commercial Neighborhood Commercial July 17, 1998 June 26, 1998 July 17, 1998 (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS O OTHER - JURISDICTION: - All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST This is a request to rezone a portion of an existing parcel from Residential-Three (R-3) to Commercial-One (C-1). The applicant has submitted this request to bring a 6,500 square foot portion of the property into conformance with the City's Comprehensive Plan, which would correspondingly make the commercial use occurring on this portion conform with the Zoning Regulations. The remainder of the lot, being 19,363 square feet, is properly zoned Commercial-One for commercial use. Should the applicant's request be approved, the entire lot, consisting of 25,863 square feet, will be zoned Commercial-One and will conform with the Comprehensive Plan and the existing commercial use would conform with the Zoning Regulations. The commercial portion of the property is currently used as a restaurant and tavern, which use is permitted in the Commercial-One Zone District. There is also an accessory single family residence located in the rear of the business, which the applicant states is used for a caretaker/watchmen quarters. The zone district boundary splits the existing building, with the western portion of the building zoned Residential- 3 and the eastern portion of the building zoned Commercial-1. Although the living unit is allowed as an ancillary use within the Commercial-One Zone District, restaurants and taverns are not permitted uses in the Residential- Three Zone District. II. SUMMARY Planning Staff has studied this application and believes it has been submitted for valid reason. Staff believes supporting the application is in the best interests of the City and the applicant and can be considered an opportunity for benefit to all involved. Correspondingly, this being a zone change request, staffbelieves that should the request be approved, the overall property should meet the current zone criteria for the Commercial-One Zone District, including signage, adequate paved and striped parking, and adequate irrigated landscaping. Upon visiting the property, staff observed that the existing landscaping and parking were either not to code or in disrepair. Staff has formulated Recommended Conditions of approval which would serve to address these shortcomings and bring the existing development of the property into conformance with the Commercial-One Zone District. III. NEIGHBORHOOD MEETING A neighborhood meeting was held on February 24, 1998. The following persons attended: Sean McCartney - Planning staff Andy Cameron - applicant Irene Herman - 4370 Otis Street The following items were discussed: ♦ The applicant's desire to re-zone the property to the use of restaurant and tavern. No concerns were presented. City Council Page 2 ANX-98-3/WZ-98-8 IV. CRITERIA FOR EVALUATION In reviewing requests for rezoning, the Planning Commission and City Council consider the following evaluation criteria: That the zoning 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. Approval of the request to re-zone the subject 6,500 square feet of lot area from Residential-Three to Commercial-One will bring the entire lot into conformance with the Comprehensive Plan designation of Neighborhood Commercial. Of the overall lot size of 25,863 square feet, 19,363 square feet are properly zoned Commercial-One. Approval of the zone change request will result in the elimination of a structure with split zoning. 2. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property fronts on West 44" Avenue which is a significant commercial corridor within the City. Property east, west and south of the subject property is also zoned for commercial uses, as is the remaining 19,363 square feet of the subject lot. The existing zone designation of Residential-Three is not compatible with the typical development along West 44" Avenue. The 6,500 square foot portion of the lot currently zoned Residential-Three is not large enough to be developed for residential uses and therefore does not benefit the community or the property owner. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the zoning. Re-zoning the property to the Commercial-One designation will bring the lot into full conformance with the Comprehensive Plan and the current commercial use occurring on the property. Therefore, approval of the applicant's request will result in a physical and economic benefit to the community. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. The property is fully developed and is adequately serviced by all applicable infrastructure (roadways, water, sanitary sewer, telephone, etc.). No additional facilities or services will be necessary as a result of the re-zoning of this portion of the property. 5. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. City Council Page 3 ANX-98-3/WZ-98-8 The subject property is currently developed. The application has been submitted in order to remedy an outdated and non-conforming zone designation of a portion of a legally created lot. Therefore, no adverse impacts to public health, safety or welfare are expected should the application be approved. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property is developed as a commercial use at this time. The portion of the lot currently zoned Residential-Three can not be reasonably developed for residential use due to its' small size and non- conformance with the Comprehensive Plan. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Re-zoning the 6,500 square foot portion to Commercial-One will not create isolated or 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. The overall lot is currently developed as a commercial use which use is in conformance with the Comprehensive Plan. Staff believes that the current use of the property fills a community need since it remains in operation, and since the applicant has initiated and paid the appropriate fees for this re-zoning application. V. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Police Department: In memorandum dated May 13, 1998, the Police Department recommends landscaping and lighting treatments designed to aid in crime deterrence. The Planning Department has incorporated the Police Department recommendations as Recommended Conditions of Approval. City of Wheat Ridge Department of Public Works: In a memorandum dated May 12,1998, the Public Works Department expressed the following two comments: 1. An application for a Minor Dumping/Landfill Permit will have to be submitted. 2. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. STAFF UPDATE 6/8/98: Planning staff has discussed comment 1. above with the Department of Public Works wherein agreement was reached that this comment is not relevant to the zone change request. Responding Without Concerns: None. City Council Page 4 ANX-98-3/WZ-98-8 Notified But Not Responding: Wheat Ridge Fire Protection District Wheat Ridge Water and Sanitation District Public Service Company U.S. West Communications TCI of Colorado Wheat Ridge Building Division VI. PLANNING COMMISSION REVIEW At its June 4, 1998 hearing, the Planning Commission considered this case and expressed the following concerns: 1. Impacts of this commercial use to the residential uses located to the north. Specifically, lighting (in particular motion detection lighting) on the north side of the building. 2. Additional fence height on the north property line to buffer the residential uses to the north from the commercial use. 3. A fence along the west property line to buffer this commercial use from the property to the west. 4. Insufficient landscaping on the property, especially to serve as buffer to the residential use to the north. 5. Perceived excess signage on the property. In response to these concerns, the applicant stated his intent to cooperate with the Police Department in satisfactorily addressing their concerns which include lighting, and also to work with the Public Works Department in satisfying their concerns. The applicant agreed to the Planning Staff recommendation to install the new landscape area and to enclose existing landscaping in wood planter boxes. The applicant stated that he had recently installed additional recycled asphalt in the rear parking area to fill depressed areas in the parking lot. He continued that the requirement to provide a hard surface paved parking area where the recycled asphalt is now located would pose an economic hardship for the business operator. He stated his belief that the parking spaces are adequately delineated and that the recycled asphalt is proving to be a satisfactory material. The applicant stated that his application was submitted at the request of the Department of Planning and Development when he submitted a Building Permit application to add a small portion of building area for pool tables. The Planning Commission voted unanimously to recommend approval of the re-zoning request to the City Council with new and revised conditions (in italics) as follows: If the caretaker/security residence changes, or is converted from an accessory residential use, the entire site shall be brought up to the Commercial-One zoning landscape standards with the additional landscaping being added to the north and northwest property boundary area. 2. Prior to the City Council hearing for this case, the applicantlowner shall submit a revised site plan which meets all the criteria outlined in the City of Wheat Ridge Police Department memorandum dated May 13, 1998. The submitted revised site plan will have been reviewed City Council Page 5 ANX-98-3/WZ-98-8 and signed by Deri Patt of the Police Department, or a designated representative, prior to its submittal to the Planning Department. A standard dumpster enclosure shall be constructed (Building Permit required) wherein the dumpster shall be kept. 4. All signage associated with the front freestanding sign shall be kept in a repaired condition. Landscaping: A. The pavement immediately underneath the freestanding sign shall be removed and replaced with an enclosed planter area (constructed of materials similar to those used for the planter adjacent to the southeast corner of the building) where four evergreen shrubs, or like plant material, shall be planted, with bark/mulch spread, and kept in good living and weed- free condition. B. The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast corner of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and weed- free condition. 6. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. 7. The applicant/property owner shall re pave with new asphalt and stripe the rear parking area. All parking stalls shall be clearly striped with the handicapped symbols included as required by the Americans With Disabilities Act. A total of 48 paved and striped on-site parking spaces shall be established and maintained. 8. The building and site shall adhere to the City's sign and banner regulations for maximum square footage. VII. CONCLUSION: Staff concludes that the proposed re-zoning meets the city's criteria for approval of the zone change request, and that approval of the request will benefit the city by bringing the 6,500 square foot portion of the property into conformance with both the Comprehensive Plan and the Zoning Regulations. Approval of the zone change request will result in the elimination of zone division lines passing through an existing structure. Correspondingly, approval of the request will also benefit the applicant by allowing him the full use of his property in conformance with both the Comprehensive Plan and the Zoning Regulations. Staff therefore recommends approval of this re-zoning request with associated Recommended Conditions of Approval. Be that as it may, Planning Staff believes it is important to keep in mind that this is an existing use on property a portion of which is zoned residential, which zoning does not comply with the City's Comprehensive Plan or Zoning Regulations, and that approval of this request will benefit the City by bringing the property into City Council Page 6 ANX-98-3/WZ-98-8 conformance with the Plan and Regulations. In this regard, this case is inherently and substantially different from a case to re-zone property for new development. At the suggestion of the Department of Planning and Development, the applicant has paid all necessary fees to try and accomplish this re-zone request. Should the applicant determine that fulfilling the Recommended Conditions of Approval would not be economically feasible, he is entitled to withdraw his application, which would result in the continued zone designation of the residential portion of the property in non-conformance with the Comprehensive Plan, the continued use of residentially zoned property for business uses which does not conform with the Zoning Regulations, and no guarantee for upgrades to the landscaping, lighting, dumpster or parking area on the property. Therefore, staff recommends that this application for zone change be approved with Conditions of Approval as presented in Section VII. Recommended Motions, below. VIII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-98-10, "An ordinance zoning certain property within the City of Wheat Ridge with an address of 6551 West 44`h Avenue, County of Jefferson, Colorado, as legally described in Exhibit A, to Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith," be APPROVED, with associated conditions, for the following reasons: 1. The proposed zoning is consistent with the City's re-zoning criteria. 2. It would result in the entire property being in conformance with the Comprehensive Plan. 3. There would be no significant negative impacts as a result of the zoning. With the following conditions: Should the applicant and/or business operator choose to convert any portion of the space currently represented as security/watchman residence to commercial use, they shall be responsible for the asphalt paving of all parking areas on the site not already so paved, and the accurate stripping of the minimum necessary parking spaces required for the combined additional and existing commercial use of the property per the City's Zoning Regulations. The parking so provided shall also meet the criteria of the Americans with Disabilities Act. Satisfaction of this Condition shall be met prior to issuance of a Certificate of Occupancy by the City of Wheat Ridge. 2. If the caretaker/security residence changes, or is converted from an accessory use, the entire site shall be brought up to Commercial-One zoning landscape standards with the additional landscaping being added to the north and northwest property boundary area. A standard dumpster enclosure shall be constructed (Building Permit required) wherein the dumpster shall be kept. 4. All signage associated with the front freestanding sign shall be kept in a repaired condition. City Council Page 7 ANX-98-3/WZ-98-8 Landscaping: A. The pavement immediately underneath the freestanding sign shall be removed and replaced with an enclosed planter area (constructed of materials similar to those used for the planter adjacent to the southeast corner of the building) where appropriate shrubs or like plant material shall be planted, with bark/mulch spread, and kept in good living and weed-free condition. B. The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast corner of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and-weed free condition. 6. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. 7. The building and site shall adhere to the City's sign and banner regulations for maximum square footage. Note to Applicant: Should the Applicant or future owner/operator of the tavern choose to convert the caretaker/security residence to commercial use, calculations for required number of parking spaces along with the required amount of landscaping will likely prove that the site is not large enough to accommodate the required parking and landscaping. Option B: "I move that Case No. WZ-98-8, "An ordinance zoning certain property known as 44`h Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44`h Avenue, County of Jefferson, Colorado, as legally described in Exhibit A, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith," be DENIED for the following reasons: The proposed zoning is not consistent with the City's re-zoning criteria. The proposed zoning would not result in the entire property being in conformance with the Comprehensive Plan. There would be significant negative impacts as a result of the zoning." C:\Barbara\CCRPTS\WZ98-1000 wpd City Council Page 8 ANX-98-3/WZ-98-8 LOCATION MAP ATTACHMENT 1 I a n 1•KI 0 Y 4w 1675 •T 4a5o gees n ~Fm •Y O T - O SL L T -§l MARTENSEN ELEM. SGHODL R--2 W 45TH PL S R 8 a p R I~ ~O n ao b b ~ p b ~~bb to co n » Y W) In 0 pp7~ Y b b b b o b H 45TH AVE X m e 'a b u m m m b n m b n b b n i b b u o 0 .b R LA I R-C n 1 ' V BQ WL- LC N L E5 ! T W 46TH PL n b b tD d Y n N NN m ~ ~ n W 46TH AVE N 0 0 .xo 4 1 a v~ n 4500 b C3 m b m W 45TH PL b b b m ~ b Y b T b b W 45TH AVE SITE O a n ~ r b i I Y r b Y 1 ATTACHMENT 2 5. APPROVAL OF MINUTES The minutes of the May 21, 1998 Wheat Ridge Planning Commission were presented for approval. Commissioner GOKEY requested the following amendment: Item 7(a), page 6, following the seventh paragraph, a new paragraph should be added as follows: "Commissioner GOKEY requested that the issue of nonconforming agricultural uses be addressed." It was moved by Commissioner GOKEY and seconded by Commissioner SNOW to approve the minutes as amended. The motion carried by a vote of 5-0 with Commissioner DUNN abstaining and Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. WZ-98-11: A request by 44 Eldridge, LLC for approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of development of an industrial park located at approximately 13500 West 44th Avenue. In response to a question from Commissioner SNOW, Alan White explained that there are some engineering issues that need to be finalized before this case can be heard. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that this item be postponed to the July 2, 1998 Planning Commission meeting. The motion carried by a vote of 6-0 with Commissioner SHOCKLEY absent. `B. Case No.-WZ-98-10: A request by Randy's Realty, Inc. (Club Corners) for approval of a zone change from R-3 to C-1 to bring the property into conformance with the Comprehensive Plan and with the use of the lot. Property is located at 6551 West 44th Avenue. The case was presented by Martin Omer which was an application to rezone a 6,500 square foot portion of the property from R-3 to C-1 which would bring it into conformance with the City's Comprehensive Plan. The remainder of the lot (19,363 square feet) is properly zoned Planning Commission Page 2 06/04/98 _ Commercial-One. If approved, the entire portion of the property would be zoned Commercial-One. The property is currently used as a restaurant and tavern; and there is an accessory single family residence located in the rear of the business which is used for caretaker/watchman quarters. Mr. Omer presented overheads and slides of the subject property. He informed that a neighborhood meeting was held on February 24, 1998 and that no outstanding issues or concerns were presented at that meeting. He reviewed the zoning criteria and agency referrals and informed that the proposed rezoning met the City's criteria for approval with recommended conditions as contained in the staff report. He stated that staff recommended approval because the application was considered to be in the best interest of the City as well as the applicant; and that, if the zone request were to be approved, the overall property should meet the current zone criteria for a Commercial-One zone district. He entered the Comprehensive Plan, Zoning Ordinance, case file and packet materials, slides and exhibits into the record, and informed that all notification and posting requirements had been met and there was jurisdiction to hear the case. Commissioner BRINKMAN asked why an application for a minor dumping landfill permit was required. Meredith Reckert explained that the language was part of a standard form letter and was not pertinent in this case. Commissioner SNOW asked staff to check and make sure there is no problem. Commissioner SNOW asked if the property met the City's landscaping requirements and asked how large the planter under the freestanding sign would be. Mr. Omer stated that it may not be possible for the applicant to meet all the landscape requirements for new development because he also is required to have a certain number of parking spaces. Commissioner SNOW asked if the applicant would be required to remove some of the banners on the outside of the building. Ms. Reckert informed that there may be very minor violations in regard to the banners and that she would look into the compliance. Chair THOMPSON expressed concern about buffering from lights and noise between Club Corners and the R-3 property which is seven feet behind the building. She suggested that since this is a new C-1, that it would be an opportunity to require a higher fence between the properties and perhaps add more landscaping. Meredith Reckert explained that this was a matter of trying to retrofit an existing situation, and that planting areas have been required based upon the percent of increase in building coverage. Commissioner SNOW commented that if the property is rezoned, the residence on the property, in addition to the deck, could be also be used for commercial purposes. Mr. Omer replied that while Commissioner SNOW's point was well taken, that the present use has been existence for a long period of time with different requirements than if new Planning Commission Page 3 06/04/98 construction were being considered. He also stated that if additional landscaping is required, it would impact the parking requirements. Commissioner BRINKMAN expressed concern about maintenance of the landscaping and wanted assurance that it would be adequately watered. She also commented that the parking overflows the parking lot onto the street; however, the owner makes sure those areas are cleaned up. Chair THOMPSON asked about placement of trash receptacles. Mr. Omer replied that the staff has suggested the owner enclose the trash dumpster. Andy Cameron 6551 West 44th Avenue Mr. Cameron was sworn by Chair THOMPSON. He stated that he was owner of Randy's Realty, Inc. which is the corporation that operates the bar; that his wife, Rita Mayo, owns the land; and that they have operated the bar for the last year. He clarified that he wanted to construct a ten-foot addition in order to bring in two more pool tables and that when the contractor filed for the building permit, it was discovered that portion of the property was zoned residential. He stated that he has invited neighbors to come to him with any noise complaints and noted that the apartments to the north are situated lower than the bar and are therefore blocked by the present fence. He informed that the house to the west is presently used as a warehouse for a business across the street and has had this use for the past twenty years. He agreed to remove some of the banners and advised that the sign was being repaired and was scheduled for replacement the following day. He stated that he has spent $4,500 for landscaping so far and will keep it watered. He informed that, although the rear parking lot has the appearance of being gravel, it is actually reconstituted asphalt with gravel spread to fill in low lying areas. In response to a question from Chair THOMPSON, Mr. Cameron replied that he has installed two double-headed motion lights in the parking lot and that he will do whatever the police department requires in regard to lighting. In regard to the noise, he informed that the deck will be shut down at 9:00 p.m. when the band starts and that there will be no outdoor speakers. In response to a question from Commissioner SNOW, Mr. Cameron replied that the liquor license has already been approved. Chair THOMPSON asked if there was anyone present wishing to speak. There was no one signed up to speak. Following further discussion, it was moved by Commissioner BRINKMAN and seconded by Commissioner GOKEY that Case No. WZ-98-10, be recommended for APPROVAL to - the Wheat Ridge City Council, with associated conditions, for the following reasons: The proposed zoning is consistent with the City's rezoning criteria. Planning Commission Page 4 06/04/98 2. It would result in the entire property being in conformance with the Comprehensive Plan. 3. There would be no significant negative impacts as a result of the zoning. With the following conditions: a. If the caretaker/security residence changes, or is converted from an accessory use, that the entire site be brought up to Commercial-One zoning landscape standards. If the caretaker/security residence does change from an accessory use, the additional landscaping shall be added to the north and northwest property boundary area. b. Prior to the City Council hearing for this case, the applicant/owner shall submit a revised site plan which meets all the criteria outlined in the City of Wheat Ridge Police Department memorandum dated May 13, 1998. The submitted revised site plan will have been reviewed and signed by Deri Patt of the Police Department, or designated representative, prior to its submittal to the Planning Department. C. A standard dumpster enclosure shall be constructed (building permit required) wherein the dumpster shall be kept. d. All signage associated with the front freestanding sign shall be kept in a repaired condition. e. Landscaping: (1) The pavement immediately underneath the free standing sign shall be removed and replaced with an enclosed planter area (constructed of material similar to that used for the planter adjacent to the southeast comer of the building) where four evergreen shrubs, or like plant material, shall be planted, with bark/mulch spread, and kept in good living and weed-free condition. (2) The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast corner of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and weed-free condition. f. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. g. The applicant/property owner shall stripe the rear parking area. All parking stalls shall be clearly striped with the handicapped symbols included as required by the Americans With Disabilities Act. A total of 48 paved and striped on-site parking spaces shall be established and maintained. Planning Commission Page 5 06/04/98 There was discussion regaramg the rear parking lot. Martin Omer exyiained that the reconstituted asphalt with gravel may not hold the striping. Commissioner GOKEY commented that reconstituted asphalt and asphalt paving are two different matters and that he would like to see asphalt paving required to meet the existing paved area. In response to a question from Chair THOMPSON, Mr. Omer replied that zoning ordinance does require a hard surface (pavement or concrete.) Commissioner GOKEY moved and Commissioner SNOW seconded that the motion be amended to state that paving be changed to repaving with new asphalt. The motion passed by a vote of 5-1, with Commissioner BRINKMAN voting no and Commissioner SHOCKLEY absent. Commissioner SNOW requested that the motion contain an additional condition that the building and site adhere to the City's sign and banner regulations for maximum square footage. This amendment was acceptable to Commissioners BRINKMAN and GOKEY. Commissioner GOKEY moved and Commissioner SNOW seconded to reconsider the unpaved parking areas in the rear portion of the property and require them to be paved and striped and consistent with the rest of parking spaces in front, for a total of 48 paved parking spaces. The motion passed by a vote of 5-1, with Commissioner BRINKMAN voting no and Commissioner SHOCKLEY absent. A vote was taken for the entire motion with the changes. The motion carried by a vote of 6-0. Mr. Cameron commented that the paving requirement would be cost prohibitive for him. He was advised that he could appeal the conditions to the City Council. Chair THOMPSON suggested that he meet with staff to discuss his options. (Chair THOMPSON declared a brief recess at 8:55 p.m. The meeting was reconvened at 9:10 p.m.) C. Case No. V VV-98702: A request by Medved Autoplex for approval of a vacation of the southerly ten feet of West 50th Avenue. Property is zoned C-1 and located at the rear of '11001 and 11201 West I-70 Frontage Road North. (Commissioner GOKEY stated that, due to the fact that he was employed by the applicant, he would abstain from hearing this case as well as Case No. PBG-98-01. At this point, Commissioner GOKEY left the Council Chambers.) This case was presented by Meredith Reckert which was an application for approval of a right-of- way-vacation for excess right-of-way along West 50th Avenue which abuts the rear of the Medved Autoplex property. The applicant is requesting that the southern ten feet of the forty feet total right- of-way for 50th Avenue be vacated, leaving thirty feet in place for roadway purposes. She informed Planning Commission Page 6 06/04/98 EXHIBIT A 12/15/07 FEC :011 .0 JOeh 07 -400i DATE X CO. M oRTCw. Co. JEFFERSON Cf:•. 11~ Clx. DEFT. L A N D S U R V E Y I N G ADDRESS- G551 W. 44TH AVE. 5460 WARD ROAD • SUITE 160 BORROWERS NAME CAHBRON ARVADA. COLORADO e0002 (DOS) 420-478e LEGAL EeCRIPTION IMtROVEMENT LOGTIOV CERTIFICATE ~ P. Attfl: FICHA RO LITER The Softy 1SS.A feet or tba west 166 feet of tae Eatt 306 feet of Block 7, tikevlaw Subdivlsloa; Jeffeman County, Colorado ATTACHM NT 3 . J ~ i... uk0.4 A y ~ t c. 5 lo •y b.rp..laea d cda/we Lov a aov f°7 May k Rya 4d Yd.: fJ0' r Kd0 I Fwd A ':9t~ O.. L.,y 6:1cFw I wn .u.eu. aR . aAAA.... AAA.... a..a..a..oamma On the bestE of my kmro le0ce, Infcnr tlon end W.I. or Improvement Sul~Farf~`'HmS~tt f 4~de R Improvement Ilnea. I further carHfy that the I p connectlDn" are enWEiy wkdain the boundaries f t daacnbed wamlees by lmprw manta on any acil He sign Of any a-rnont crowing «burderiug any vt 'MOTtCEt AECOA=W WC Dlom you in Ikat.fero.w6ucn dMe2 bnq eaV/K core v,e ewrelrA.Wn ano+rn r.eea.a . A /d fobg - , 1 fel I~R ~ ~ ~MM gA" N ~ ~ 1 Or Swy F.w,. ~ ~ a 4GO' Fat, • ~ a«a D..1 fatty AR1dI Pv4g e6D t&; e.., 44r, A-R 60' Ror. caruty they l nP V Vement location co"' a pared for that It Le n a rvey Plot upon the estabgstvnent of tence, bug ng, or ture to A /the above deaenbed parcel on date, a9p tility I, ex pt es shAwn, that them are no roedwnentM as, axcept es Indicated, and that therg no apparent e an:41. except as n.7R4munu... f. MEMORAN GIVI I Approved Date ATTACHMENT 4 DF.PARIM ,M0FMMLiCW0M TO: Martin Omer, Development Review Coordinat r FROM: Greg Knudson, Development Review Engineer DATE: May 12, 1998 I SUBJECT: 6551 West 44th Avenue, WZ-98-10/Rezone Lot From R-3 to C-1 The Public Works Department has reviewed the Planning Department referral dated May 5, 1998 for the above referenced site. The purpose described is to rezone a portion of the lot from R-3 residential to C-1 Commercial. Also, a 620 square foot deck is proposed. Based upon this information, this department has the following comment(s): An application for a Minor Dump ing/LandfiII Permit will need to be submitted for review and approval. An erosion control plan may be required depending upon the quantity of material to be removed/added to time site. 2. A revised improvement location certificate (ILC) will need to be submitted reflecting the wood deck proposed on the plot plan submitted. 3. The Traffic Division has reviewed this referral, and has no comments at this time. cc: Alan White, Planning & Development Director Dave _Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 6-3 (r MEMORANDUM TO Martin Omer Planning and Development FROM Deri Patt Police Department SUBJECT Case No: WZ-98-10 6551 W. 44 Avenue DATE May 13, 1998 4- I have revievaed the plans for the above listed site. I have the following recommendations: LANDSCAPE: 1. All mature trees to be trimmed of branches up 6'-8' from the ground to allow for natural visual observation from surrounding areas to the parking lots, deck and building. 2. All shrubs and bushes mature height to not exceed 36". This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. There should be minimal landscaping immediately next to parking areas and sidewalks. Landscaping near vehicles and pedestrian areas often raises the perception of criminal activity. 5. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. LIGHTING: 1. Exterior lighting around the buildings and in parking lots should be a minimum of 1.5 candle minimum maintained. This will provide for brightly lit areas that discourages criminal activity due to the illusion/perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While. my recommendations do not guarantee a crime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (OPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Thank you. Deri ~ , I The City ATTAC H M E K T 5 GWh e at ADMINISTRATIVE PROCESS APPLICATION Rid p e Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant_ f~ Address /75~,: Phone $-3/-LfeS Deg vcr ce.roalf Owner Address " Phone Location of request ASS/ Cr~ y Type of action requested (check one or more of the actions listed below which pertain to your request.) hange 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 mineral extraction permit for specific requirements. ❑ Other Detailed Description of request ohm- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE d ~oziF 3a 3 'Ps"-'Pso9 S e dG~ 3 1 - pe, 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 rom the owner which approved of this action on hi e al£., Signature of Applicant ►~l Subscribed and sworn to me this d f 19 g' i4 Notary Public SEAL My commission expires Date Received Receipt No. Case No. G(JZ ~}~-I D i I 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 July 17, 1998 Dear Property Owner: The City of ~~OF W HE41- GWheat m 9Ridge C,OZ O R A~0 This is to inform you that Case No. WZ-98-10 a request for approval of a zone change from Residential-Three to Commercial-One to bring the property and use into conformance with the City's Comprehensive Plan and zoning regulations. The property is located at 6551 W. 44' Avenue and will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August 10, 1998, at 7:00 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. "If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request." It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C\Barbara\CCRPTS\PUBNOTI C\wz9810cert.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 7-~ u d U 21 ~ C d U y y N w K a j c - u U N U ~ ~ ( _ V\ O Z y ~ dl 1 O 9 y C a > a m u y ~ y N - m a a '.4 ~ ~ m y o a rq O .r .r O O ~ C y W N N p L 0 O 6 U O N "O C 0 N ~ N O O O O O O . x C a 16 U Q v °m 3 3 3 3 3 3 w d a Q U _ O N O M C W M o _ N m O N O C O C)= O N O O C O. L O OQO .-2 p0 -,Ow J yl~ W Y aON M N _ 3vU w a oLU m ° O fa Uo d' ~ ~~O U O a~ U v ~ rn a a m ~ a ~ U x d o m `m c c o w 9 m ins CO ~ ~ c y 0 ~ y (n UI ~ ~ ~ > y ~ ~ ~ 10 y Z N N rL Q ~ ~ U ~ _ QfDS m~ ~ ~ Q Q ~ Q y rG C W a) a ~ Q ad U NNO w c U Uaw, ❑ ❑ ❑ ❑ z d N LU N Q ° N M N cN'~ N M N. M N c`on N n N /!1 0 M M M M M M M O 0 w O O O O O O O E m m m m m m m I-> U z' W Q W N o Q a o W o C5 12 R: ~I N U O a W G U N ~i O N O a ro U 7 P4 y y U FO T A 4J N i~ 7 F City of Wheat Ridge Planning and Development Department Memorandum TO: Darren Morgen, Chief Codes Administrator FROM: Martin Omer, Economic Development Specialist SUBJECT: Club Corners, 6550West 44`h Avenue, Case No. WZ98 _10 DATE: August 7, 1998 Please note that the above referenced case is an active application for rezoning. The case was heard before the City Planning Commission on June 4, 1998 and is scheduled for hearing by City Council on August 10, 1998. As a condition of approval at the Planning Commission hearing, the applicant agreed to construct a standard dumpster enclosure for the refuse container kept on the property. This condition was included because the location of the dumpster is directly visible from traffic and pedestrians using West 44 h Avenue. A dumpster enclosure should increase the visual quality of this property for the long term. Therefore, even though a dumpster enclosure is not required by Building Code, it is a requirement of the active rezoning case. The location of the enclosure should be constructed at the north-east comer of the property.Please issue the Building Permit to the applicant's contractor so that the enclosure may be completed prior to the City Council hearing date. I am available if you have any questions. Thanks. /A__ CITY COUNCIL MINUTES: JULY 13, 1998 Page 5- The following speakers were called by the Mayor: Ken Sheriff, 2830 Gray Street Judy-DeFrancesco, 2850 Gray Street Arlie Aurich, 2860 Gray Street Rob Scheel, 2820 Gray Street. They complained about the heavy traffic in their neighborhood and asked that Council spend the money to slow down the traffic and make it less convenient to travel Gray Street. When the traffic counter is up, the speeding slows down, but as soon as it's gone, it starts right up again. Don't wait until somebody gets hurt before something gets done. Motion by Mr. DiTullio that the neighborhood traffic management program be amended to provide that neighborhoods not meeting the criteria for traffic calming devices provided at City expense be allowed to appeal the decision to City Council for installation upon the finding by the Public Works Department that there is no adverse impact on other streets within the community; seconded by Mrs. Worth; carried 5-3 with Councilmembers Siler, Eafanti, and Mancinelli voting no. Motion by Mr. DiTullio to approve 2 speed humps on Gray Street with location to be determined by staff; seconded by Mrs. Worth; carried 6-2 with Mr. Siler and Mr. Mancinelli voting no. ORDINANCES ON FIRST READING Item 4. Council Bill 27 - An Ordinance amending the Wheat Ridge Code of Laws to provide for collection of delinquent charges, assessments or taxes. Council Bill 27 was introduced on first reading by Mr. Siler; title and summary read by the Clerk. Motion by Mr. Siler that Council Bill 27 be approved on first reading, ordered published, public hearing be set for Monday, July 27, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. Item 5. Council Bill 28 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) to Commercial-One(C-1) on land located at 6551 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-98-10)-Randy's Realty Council Bill 28 was introduced on first reading by Mr. Siler; title and summary read by the Clerk. CITY COUNCIL MINUTES: JULY 13, 1998 Page 6- Motion by Mr. Siler that Council Bill 28 be approved on first reading, ordered published, public hearing be set for Monday, August 10, 1998 at 7:00 p.m. in City Council Chambers, Municipal - - Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr Eafanti; carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no. DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Appointment to Personnel Commission. Motion by Mr. DiTullio to appoint Teri Carver to fill the District I vacancy in the Personnel Commission for a term expiring March 2, 1999; seconded by Mrs. Worth; carried 8-0. Item 7. Flashing beacons for school zone.- Motion by Mr. Siler that school zone flashing beacon equipment for 44" Avenue between Yarrow and Balsam Streets be purchased from Intersection Development Corporation in the amount of their quote of $6,520. 1 further move that a contingency account be established in the amount of $652. 1 further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $7,172. 1 further move that all costs associated with this contract be transferred from the Capital Improvement Fund Balance to the Traffic Improvement Fund, Acct. No. 30-304-800-843, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series; seconded by Mr. Mancinelli; carried 8-0. Item 9. Approval of expenditure items. Motion by Mrs. Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mr. Mancinelli; carried 8-0. Item 11. CONSENT; A. Approve Codes Administrator position and amend the compensation plan. B. Bid Award for the 1998 Traffic Signal Improvement Project. (RFB #98-29) Motion by Mrs. Worth to approved the Consent Agenda; seconded by Mr. Mancinelli; carried 8-0. AGENDA ITEM July 13, 1998 QUASI-JUDICIAL X Yes No _ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR IST READING BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WZ-98-10: Randy's Realty SUMMARYIRECOMMENDATION: Approval of a rezoning from Residential-3 to Commercial-1 for the property located at 6551 W. 44th Avenue - ATTACHMENTS : 1)P..C. Minutes of June 4 2)Ordinance BUDGETED ITEM: Yes Fund Dept/Acct n Budgeted Amount S Requested Exepnd.S Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill 72) be approved on first reading, ordered published, public hearing be set for Monday, August 10, 1998 at 7:00 p.m. in the City Council Chambers, Municipal building, and if approved on second reading, take effect 15-days after final publication." ~w cloy fo C:\Barbara\CCRPTS\wz9810cover.wpd IbiI\ - ~ 61oi,x Aof C-1 covIkCwy, Wilk C*c(uvt ac2d wi C`1 u960 Cam' car (tsy ev4vi -_5 gyp,out ( oq ~pProu ~ 1 It was moved by Cor, ssioner SNOW and seconded by Con: . ssioner COLLINS to amend the agenda as requested. The motion carried 6-0 with Commissioner SHOCKLEY absent. - 5. APPROVAL OF MINUTES The minutes of the May 21, 1998 Wheat Ridge Planning Commission were presented for approval. Commissioner GOKEY requested the following amendment: Item 7(a), page 6, following the seventh paragraph, a new paragraph should be added as follows: "Commissioner GOKEY requested that the issue of nonconforming agricultural uses be addressed." It was moved by Commissioner GOKEY and seconded by Commissioner SNOW to approve the minutes as amended. The motion carried by a vote of 5-0 with Commissioner DUNN abstaining and Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. WZ-98-11: A request by 44 Eldridge, LLC for approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of development of an industrial park located at approximately 13500 West 44th Avenue. In response to a question from Commissioner SNOW, Alan White explained that there are some engineering issues that need to be finalized before this case can be heard. It was moved by Commissioner SNOW and seconded Tay Commissioner GOKEY that this , item be postponed to the July 2, 1998 Planning Commission meeting. The motion carried by a vote of 6-0 with Commissioner SHOCKLEY absent. $;;:Case'No:=W98=10:'A'request by Randy's Realty, Inc. (Club Cornets) for approval of a zone change from R-3 to C-1 to bring the property into conformance with the Comprehensive Plan and with the use of the lot. Property is located at 6551 West 44th Avenue,. , - -,.The case was presented by Martin Orner which was as application to rezone a 6,500 square foot portion of the property from R-3 to C-1 which would bring it into conformance with the City's Comprehensive Plan. The remainder of the lot (19,363 square feet) is properly zoned Planning Commission Page 2 06/04/93 , Commercial-One. If droved, the entire property would be z( d Commercial-One. The property is currently used as a restaurant and tavem; and there is an accessory single family residence located in the rear of the business which is used for caretaker/watchman quarters. Mr. Omer presented overheads and slides of the subject property. He informed that a neighborhood. meeting was held on February 24, ,1998 and that no outstanding issues or concerns were presented at that meeting. He reviewed the zoning criteria and agency referrals and informed that the proposed rezoning met the City's criteria for approval with recommended conditions as contained in the staff report. He stated that staff recommended approval because the application was considered to be in the best interest of the City as well as the applicant; and that, if the zone request were to be approved, the overall property should meet the current zone criteria for a Commercial-One zone district. He entered the Comprehensive Plan, Zoning Ordinance, case file and packet materials, slides and exhibits into the record, and informed that all notification and posting requirements had been met and there was jurisdiction to hear the case. Commissioner BRINKMAN asked why an application for a minor dumping landfill permit was required. Meredith Reckert explained that the.language was part of a standard form letter and was not pertinent in this case. Commissioner SNOW asked staff to check and make sure there is no problem. Commissioner SNOW asked if the property met the City's landscaping requirements and asked how large the planter under the freestanding sign would be. Mr. Omer stated that it may not be possible for the applicant to meet all the landscape requirements for new development because he also is required to have a certain number of parking spaces. Commissioner SNOW asked if the applicant would be required to remove some of the banners on the outside of the building. Ms. Reckert informed that there may be very minor violations in regard to the banners and that she would took into the compliance. Chair THOMPSON expressed concern about buffering from lights and noise between Club Comers and the R-3 property which is seven feet-behind the building. She suggested that since this is a new C-1, that it would be an opportunity to require a higher fence between the properties and perhaps add more landscaping. Meredith Reckert explained that this was a matter of trying to retrofit an existing situation, and that planting areas have been required based upon the percent of increase in building coverage. Commissioner SNOW commented that if the property is rezoned, the residence on the property, in addition to the deck, could be also be used for commercial purposes. Mr. Omer replied that while Commissioner SNOW's point was well taken, that the present use has been existence for a long period of time with different requirements than if new Planning Commission 06/04/98 construction were be. , considered. He also stated that if ado,"onal landscaping is required, it would impact the parking requirements. Commissioner BRINKMAN expressed concern about maintenance of the landscaping and wanted assurance that it would be adequately watered. She also commented that the parking overflows the parking lot onto the street; however, the owner makes sure those areas are cleaned up. Chair THOMPSON asked about placement of trash receptacles. Mr. Omer replied that the staff has suggested the owner enclose the trash dumpster. Andy Cameron 6551 Nest 44th Avenue Mr. Cameron was sworn by Chair THOMPSON. He stated that he was owner of Randy's Realty, Inc. which is the corporation that operates the bar; that his wife, Rita Mayo, owns the land; and that they have operated the bar for the last year. He clarified that he wanted to construct a ten-foot addition in order to bring in two more pool, tables and that when the contractor filed for the building permit, it was discovered that portion of the property was zoned residential. He stated that he has invited neighbors to come to him with any noise complaints and noted that the apartments to the north are situated lower than the bar and are therefore blocked by the present fence He informed that the house to the west is presently used as a warehouse for a business across the street and has had this use for the past twenty years. He agreed to remove some of the banners and advised that the sign was being repaired and was scheduled for replacement the following day. He stated that he has spent $4,500 for landscaping so far and will keep it watered. He informed that, although the rear parking lot has the appearance of being gravel, it is actually reconstituted asphalt with gravel spread to fill in low lying areas. In response to a question from Chair THOMPSON, Mr. Cameron replied that he has installed two double-headed motion lights in the parking lot and that he will do whatever the police department requires in regard to lighting. In regard to the noise, he informed that the deck will be shut down at 9:00 p.m. when the band starts and that there will be no outdoor speakers. In response to a question from Commissioner SNOW,'Mr. Cameron replied that the liquor license has already been approved. Chair THOMPSON asked if there was anyone present wishing to speak. There was no one signed up to speak. Following further discussion, it was moved by Commissioner BRINKMAN and seconded by Commissioner GOKEY that Case No. WZ-98-10, be recommended for APPROVAL tc =-The Wheat Ridge City Council, with associated conditions, for the following reasons: The proposed zoning is consistent with the City's rezoning criteria. Planning Commission Page 4 06/04/98 2. It would result in the entire property being in conformance with the Comprehensive Plan. 3. There would be no significant negative impacts as a result of the zoning. With the following conditions: a. If the caretaker/security residence changes, or is converted from an accessory use, that the entire site be brought up to Commercial-One zoning landscape standards. If the caretaker/security residence does change from an accessory use, the additional landscaping shall be added to the north and northwest property boundary area. b. Prior to the City Council hearing for this case, the applicant/owner shall submit a revised site plan which meets all the criteria outlined in the City of Wheat Ridge Police Department memorandum dated May 13, 1998. The submitted revised site plan will have been reviewed and signed by Deri Patt of the Police Department, or a designated representative, prior to its submittal to the Planning Department. C. A standard dumpster enclosure shall be constructed (building permit required) wherein the dumpster shall be kept. d. All signage associated with the front freestanding sign shall be kept in a repaired condition. e. Landscaping: (1) The pavement immediately underneath the free standing sign shall be removed and replaced with an enclosed planter area (constructed of material similar to that used for the planter adjacent to the southeast comer of the building) where four evergreen shrubs, or like plant material, shall be planted, with bark/mulch spread, and kept in good living and weed-free condition. (2) The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast corner of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and weed-free condition. f. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. g. The applicant/property owner shall stripe the rear parking area. All parking stalls shall be clearly striped with the handicapped symbols included as required by the Americans With Disabilities Act. A total of 48 paved and striped on-site parking spaces shall be established and maintained. Planning Commission Page 5 06/04/98 There was discussion regarding the rear parking lot. asphalt,with.gravet may not hold the striping, Martin Omer explained that the reconstituted Commissioner GOKEY commented that reconstituted asphalt and asphalt paving are two different matters and that he would like to see asphalt paving required to meet the existing paved area. In response to a question from Chair THOMPSON, Mr. Omer replied that zoning ordinance does require a hard surface (pavement or concrete.) Commissioner GOKEY-moved and Commissioner SNOW seconded that the motion be amended to state that paving be changed to repaving with new asphalt. The motion passed by a vote of 5-1, with Commissioner BRINKMAN voting no and Commissioner SHOCKLEY absent. Commissioner SNOW requested that the motion contain an additional condition that the building and site adhere to the City's sign and banner regulations for maximum square footage. This amendment was acceptable to Commissioners BRINKMAN and GOKEY. Commissioner GOKEY moved and Commissioner SNOW seconded to reconsider the unpaved parking areas in the rear portion of the property* and require them to be paved and striped and consistent with the rest of parking spaces in front, for a total of 48 paved parking spaces. The motion passed by a vote of 5-1, with Commissioner BRINKrMAN voting no and Commissioner SHOCKLEY absent. A vote was taken for the entire motion with the changes. The motion carried by a vote of 6-0. Mr. Cameron commented that the paving requirement would be cost prohibitive for him. He was advised that he could appeal the conditions to the City Council. Chair THOMPSON suggested that he meet with staff to discuss his options. (Chair THOMPSON declared a brief recess at 8:55 p.m. The meeting was reconvened at 9:10 p.m.) C. Case No. WV-98-02: A request by Medved Autoplex for approval of a vacation of the southerly ten feet of West 50th Avenue. Property is zoned C-I and located at the rear of '11001 and 11201 West I-70 Frontage Road North. (Commissioner GOKEY stated that, due to the fact that he was employed by the applicant, he would abstain from hearing this case as well as Case No. PBG-98-01. At this point, Commissioner GOKEY left the Council Chambers.) This case was presented by Meredith Reckert which was an application for approval of aright-of- way-vacation for excess right-of-way along West 50th Avenue which abuts the rear of the Medved Autoplex property. The applicant is requesting that the southern ten feet of the forty feet total right- of-way for 50th Avenue be vacated, leaving thirty feet in place for roadway purposes. She informec Planning Commission Page 6 06/04/98 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1998 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-THREE (R-3) TO COMMERCIAL-ONE (C-1) ON LAND LOCATED AT 6551 West 44" 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 Rita Mayo and Randy's Realty, Inc approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-98-10 and based on recommendation for approval 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 R-3 zone district and to include in the C-1 zone district the following described land: The south 155.8 feet of the west 166 feet of the east 306 feet of Block 7, Lakeview Subdivision, Jefferson County, Colorado. Section 2. 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 and the Code of Laws of the City of Wheat Ridge. Section 3. 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. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid; suchjudgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this " day of 1998, 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 1998, 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 to , this day of , 1998. SIGNED by the Mayor on this day of 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication:. Wheat Ridge Transcript Effective Date: cAplann ingWorms\ord. frm ACTION REQUESTED: Approval of re-zoning from R-3, Residential to C-1, Commercial LOCATION: 6551 West 44" Avenue APPLICANT/OWNER(S): Rita Mayo and Randy's Realty, Inc. - - APPROXIMATE AREA: Approximately 6,500 square feet of a total lot size of 25,863 square feet PRESENT ZONING: Split zoning with 6,500 square feet zoned R-3 Residential and 19,363 square feet zoned C-1 Commercial _ PRESENT LAND USE: Restaurant and tavern SURROUNDING ZONING: N: Residential-Three; S: Restricted-Commercial; E: Commercial-One; W: Commercial-One SURROUNDING LAND USE: N: Residential; S: Commercial; E: Commercial; W:Commercial COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial DATE PUBLISHED: May 15, 1998 DATE POSTED: May 14, 1998 DATED LEGAL NOTICES SENT: May 12, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS Q OTHER JURISDICTION: - - All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 6-l I. REQUEST This is a request to re-zone a portion of an existing parcel from Residential-Three (R-3) to Commercial-One (GY). The applicant has'submitied this regfiesi'to bring a 6,600 square foot portion of the property into conformance with the City's Comprehensive Plan. The remainder of the lot, being 19,363 square feet, is properly zoned Commercial-One for commercial use. Should the applicant's request be approved, the entire lot, consisting of 25,863 square feet, will be zoned Commercial-One and will conform with the Comprehensive Plan. The commercial portion of the property is currently used as a restaurant and tavern, which use is permitted in the Commercial-One Zone District. There is also an accessory single family residence located in the rear of the business which the applicant states is used for a caretaker/watchmen quarters. Although the living unit is allowed as an ancillary use within the Commercial-One Zone District, restaurants and taverns are not permitted uses in the Residential-Three Zone District. II. SUMMARY Planning staff has studied this application and believes it has been submitted for valid reason. Staff believes supporting the application is in the best interests of the City and the applicant and can be considered an opportunity for benefit to all involved. Correspondingly, this being a zone change request, staff believes that should the request be approved, the overall property should meet the current zone criteria for the Commercial-One Zone District, including signage, adequate paved and striped parking, and adequate irrigated landscaping. Upon visiting the property, staff observed that the existing landscaping and parking were either not to code or in disrepair. Staff has formulated Recommended Conditions of approval which would serve to address these shortcomings and bring the development of the property into conformance with the, Commercial-One Zone District. III. NEIGHBORHOOD MEETING A neighborhood meeting was held on February 24, 1998. The following persons attended: Sean McCartney = Planning staff Andy Cameron - applicant Irene Herman - 4370 Otis Street The folloMi g items were discussed: The applicant's desire to re-zone the property to the use of restaurant and tavern. No concerns were presented. IV. ZONING CRITERIA In reviewing requests for rezoning, the Planning Commission and City Council consider the following zoning evaluation criteria: Planning Commission WZ-98- I OfRandy's Realty Page 2 6-X 1. That the zoning is.in conformance, or will bring the property into conformance with the City of `Vheat Ridge 'Comprehensive,Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. Approval of the request to re-zone the subject 6,500 square feet of lot area from Residential-Three to Commercial-One will bring the entire lot into conformance with the Comprehensive Plan designation of Neighborhood Commercial. Of the overall lot size of 25,863 square feet, 19,363 square feet are properly zoned Commercial-One. 2. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property fronts on West 44" Avenue which is a significant commercial corridor within the City. Property east, west and south of the subject property is also zoned for commercial uses, as is the remaining 19,363 square feet of the subject lot. The existing zone designation of Residential-Three is not compatible with the typical development along West 44'h Avenue. The 6,500-square foot portion of the lot currently zoned Residential-Three is not large enough to be developed for residential uses and therefore.does not benefit the community or the property owner. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the zoning. Re-zoning the property to the Commercial-One designation will bring the lot into full conformance with the Comprehensive Plan and the current commercial use occurring on the property. Therefore, approval of the applicant's request will result in a physical and economic benefit to the community. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. The property is fully developed and is adequately serviced by all applicable infrastructure (roadways, water, sanitary sewer, telephone, etc.). No additional facilities or services will be necessary as a result of the re-zoning of this portion of the property. 5. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. The subject property is currently developed. The application has been submitted in order to remedy an outdated and non-conforming zone designation of a portion of a legally created lot. Therefore, •ue adverse impacts to public health, safety or welfare are expected should the application be approved. Planning Commission WZ-98- I O/Randy's Realty Page 3 6.3 6. That the property cannot reasonably be developed under the existing zoning conditions. The property is developed as a commercial use at this time. The portion of the lot currently zoned Residential-Three can not be reasonably developed for residential use due to its' small size and non- conformance with the Comprehensive Plan. 7. That the zoningwill not create an isolated or spot zone district unrelated to adjacent or nearby areas. - - Re-zoning the 6,500 square foot portion to Commercial-One will not create isolated or spot zoning. 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 overall lot is currently developed as a commercial use which use is in conformance with the Comprehensive Plan. Staff believes that the current use of the property fills a community need since it remains in operation, and since the applicant has initiated and paid the appropriate fees for this re-zoning application. V. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Police Department: In memorandum dated May 13, 1998, the Police Department recommends landscaping and lighting treatments designed to aid in crime deterrence. The Planning Department has incorporated the Police Department recommendations as Recommended Conditions of Approval. City of Wheat Ridge Department of Public Works: In a memorandum dated May 12, 1998, the Public Works Department expressed the following two comments: . L An application for a Minor Dumping/Landfill Permit will have to be submitted. 2. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. Responding Without Concerns: None. Notified But Not Responding: Wheat Ridge Fire Protection District Wheat Ridge Water and Sanitation District Public-SMice Company U.S. West Communications TCI of Colorado Wheat Ridge Building Division Planning Commission WZ-98- I O/Randy's Realty Page 4 ~J~ VI. STAFF.RECOiIIVi IENDATION - Staff concludes that the proposed re=zoning meets the city's criteria forapproval of the zone change request, and that approval of the request will benefit the city by bringing the 6,500 square foot portion of the property into conformance with the Comprehensive Plan, and will also benefit the applicant by allowing him the full use of his property in conformance with the Comprehensive Plan. Staff therefore recommends approval of this re-zoning request with associated Recommended Conditions of Approval. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-98-10, be recommended for APPROVAL to the Wheat Ridge City Council, with associated conditions, for the following reasons: I. The proposed zoning is consistent with the City's rezoning criteria. 2. It would result in the entire property being in conformance with the Comprehensive Plan. 3. There would be no significant negative impacts as a result of the zoning. with the following conditions: a. Prior to the City Council hearing for this case, the applicant/owner shall submit a revised site plan which meets all the criteria outlined in the City of Wheat Ridge Police Department memorandum dated. May 13, 1998. The submitted revised site plan will have been reviewed and signed by Deri Patt of the Police Department, or their designated representative, prior to its submittal to the Planning Department. b. The applicant/property owner shall pave and stripe the rear parking area, which is currently gravel. All parking stalls shall be clearly striped, with handicap symbols included as required by the Americans with Disabilities Act. The existing asphalt parking area shall be re-sealed. A total of 48 paved and striped on-site parking spaces shall be established and maintained. C. A standard dumpster enclosure shall be constructed (Building Permit required) wherein the dumpster shall be kept. d. All signage associated with the front freestanding sign shall be kept in a repaired condition. e. Landscaping: 1. The pavement immediately underneath the freestanding sign shall be removed and replaced with an enclosed planter area (constructed of materials similar to those used for the planter adjacent to the southeast comer of the building) where four evergreen shrubs shall be planted, with bark/mulch spread, and kept in good living and weed-free condition. 2. The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast comer of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and-weed free condition. f. An application for a Minor Dumping/Landfill Permit will have to be submitted. g. A revised Improvement Location Certificate will have to be submitted which shows the wood deck." Planning Commission WZ-98-10/Randy's Realty Page 5 6-s- Option B.: --I move that Case No WZ-98-8, be recommended for DENIAL to the Wheat Ridge City C:WBU W UTS Z98-I0.vpd Planning Commission WZ-98-10/Randy's Realty Page 6 1 CAM01 H 12/15/97 FCe :00.0 JOe, 07 -1, ODi M ORTCwCE CO. 'Jcr F-n'52t lty _ L.A N D 5 U R V E.Y I N G - nooa ESS 5551 W. 44TH AVC. . , . CP..I tN .5a60 WwaJ R.A. SLIT[ 160 - 30.acOwERS Nn.,E V -n^ -aRG.1000) coa.ooeoooa - - coral ono-+Tea ccJ.~ ocec a,rnon W/ftOVnM ENT LOUTtKA30 C.IJFIU.E vn Attn: H CFu>,SO leTEn F TA Seeth ISS,A feet o! tk. W' 66 feat of Ltt•Eoct 106 F. of 31eet 7, ' ttkacfw SuEdHfzfen: Je ffen.. Gent', Glan6~ L J. ~M a...r\ee-.dm Ferry r....a. `I - t~.. v as ~aay w y .V L ' IFGP F..J / \ ~ Fn. 't 9f A.aM /ebg 1 y i b • cd ~ w • L:d t ra_ uo' oC 7' nv nv K 0' k ac- r'`9 A.~i r.Ay * I On the t,e + of my kn.ob.dg., Worme'IO end b.! 1, I herAf or Irnpro'renant awvvf-ri~Fai~te(7tt ~lb"ts trnprovenant Ynec. I further cartffy that the 1 proven. comectjp . ere ehik.ly w:h'rt the OotrWeriea f i.0 pen :don of ad prerrdeaa by 4nproven.nts er eny adl Ir&y prar, aloe of any eaxmont or croaJirq burdcris nrtY :n Of ww 'NOTCE ArmcvmCdaaaa w... you mu.t .+y ncr a.oo.s zunv.r.C. rq e.a.,c m.Y a^r'ecu., o. .awmr e+. rw'✓mtbn Yrown rrrr.wi eaP 6S9 Y.., ~.A A•... 6P kOA caNfy Y,6t • i ImF.avemanf beadan o.n.7 • v.e~ Tet y n r up:an the .z;Obllatvnant Of fincc, bW or t. an M nbove d.. e.bed parcel on Wt.. ax pt ea, thnG: * w no roaCene .c, except es Ines wd, and that'-`no apperer vySl. exceat as r~~unnllL ' . o✓~czb., s..~.p~FG. .....Y,. ~,n err. Wrct h .el.~ . nov yw an r«~ e 268 cr 0 .d a Y Pha vtu . Utility r the ,ca a LOCATION MAP Y ~ 4660 4675 O `r 4650 4645 a N - ~ n b NY~ .O ~ ~Y Y) d d d r ~ n d q rr~~~ b ~p ~ H 46TH PL. N Y1 O s ~ Y . b • K I Y ° 4bJ3 Y 4605 0 m O Y Y Y Y 0 O O O vn~~ r ~ ~ Y ~ ~O ~ b c ID Y Y o ~ n ~ m Nil rN1 n ~ ~Yf J J~~ T Y ~O m m b ~ b ID H 46TH AVE MARTENSEN ELEM. SGHooL. i R-2 n O x ~6 A d cr p o Y. 4bS0 4 1 J~ rn r~ v ~ 4500 ri m ~Q ~ o m .YO _ Y m H 45TH PL H 457H PL g 1 I i I ~ ~D O a ~ rl n n b m n m u b n b ~~~bbbb O O h Y - 7 H n n n n n m n n n N n O n n m b Y m m m m m b H 45TH AVE Q Y Y S ~ pp Y m m YJ ~D b O+ Y x n b b ~ m m h m m m 0 ~ m b . n r' m b n m b n Q b LAS R--c ~ ~ $ r4i 0 b b b -f ~O Y m Y b Y m .p ~O ~ b Y b Y Y b Y .p H -45TH AVE I I a Y Y O • Y b H 44TH PL •s l S LiLN: NI ~ r. b YI ~I m Jf J ¢/yl ¢ I r b Yi t IsU I vv~~ N o+ n ci h H V O n }^o n N n T Y YY n Ul.l{Q b (p ~p YJ ~ b d Y) I -4-a Aug . I SITE I 7 4. I ~ l ~ 1 r 6 LJ ° P U b oco J m 1~ s U f a I I I I I_ ~ III II I J 1 I 11 ~ rl9 u (S ~ I J z I e , r ` ~ ' ~ C QCO ~N ~ w ~ Xy7 /JI i.R 1•~ I L B I ~ I RECE?T I0-" F0399618 ~ 26.00 :'G: k`Jo1-001 230 4 RDED IN JEFFERSON COUNTY, CC'-OR- - 4/!5/97 15:34:21, \4:ARRA-'iTY DEED il175 DEED.-%f.& lhi, 15th -CaY Ui April o 97. b«w,<n:---BETTY AMY ZELLER and LESTER E. ZELL ER d'h. c ryor Jefferson - I i Su¢ o(Color.JO, gnvor. anJ RANDY'S REALTY ENTERPRISES, INC., aurTm,6r:.•rcania.J rW 'sling undaandby vnuc o(Ih. law, of lh< S.Ic d Colorado .pram;, ,.I-, ro'A rkln~. is 6551 W. 44th Ave., Wheat Ridge, CO 80033 \VITHESSETH.Thal lheyanme(urawi..oxniu<nli.x,xnl~w~~l..rTt.'10 HUNDRED THOUSAND AND N01100 . ($200,000.00)___________________________________________________________ • the m<ipuwaufli.icncy o(whicn is na.by+lmwvkdpd.lu;nnn.l.ICrpabaJ. wJJ a:.l;,x~.:TOl.na:I•; :I.v p~..nn.nv.pnrn.lv,ga6~.,11. - ua,ymWa~xJinu, nwe Jr pmnl. .il. r. .xla. .•~..ILU~W al i.yv, ..:.....ya. .xan.,J:. ....x•.Ipi. ...I yniopinm. C.~n'dnr Jefferson L1.J..r..11,.,. ~j The South 155.8"feet of the West 166 feet of the East 306 feet of Block 7, Lakeview.,Subdivision, Jefferson County, Colorado r q r` m , G n alw knum by nrc<law nonlb rn.: 6551 Hest 44th Ave., Wheat Ridge, CO e0033 ' TOGETHER wish all and ,insular Ih. hert.:iun~~m vW al`.^arlanv+,^ Jvv~n,. 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In'n.Ja..^. a..~,nx'm.. <n<ambnnc<aawnndc„JNJr.mm.crklw,rnnurt.o.r.<..vlx easements and restrictions of record. i i. 11 TM ynnav.lullmW will WARRA,YfAHI]HIRIiVI:R lllaly lhln•.n..cb,pa6wJi.a':mv.inl4•.p~sl:.l l,:pvld•~.n+;..n.dl4yrrµv. iH amtc..xa aw auiPu• aCaiaa all uM..cry rr.a rt I,n.a.la.4dly;LLxi.p 14'.h.•k.ran r.n ❑vro•r. Th<,inpu6r numbcnh.Il imluJc the plural. Ina plural nk. abyulae aw dw u.e of ray p<wcr Jull Ie "q, .6k- l+ all pnJ.r. IHWI'l'HE\'9 Wl IF.11E.M; TI.- IM,...Ylva. <evrJ W. k", IW ~Uw .+la,l ~..+a~'~ a -Betty Amy. eller l ter E< 'Zeller STATE OF COLORADO. C.my.( Jefferson The forcpinS in,lrum<m wa, arknnwlkd,d bc(M thin 9th myuf Apr i l • w 97 by Lester E. Zeller,-and acknowledged before me this 15th day of April, 1997 by 2 No. 9522. Rm. JAS. A_/ - ) D WAMIIAMI' U_aD lia CaprWm: `w Hv..;nank Wear. ;`y4 The City of ADMINISTRATIVE PROCESS APPLICATION GWheat: _ GR1d e.. Department of Planning and Development b 7500+-West `29th--Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Address /75J7c~::~_. Phone $3/ -8.30 S S7eN~cr coro;zk Owner Address " Phone Location of request to S$/ y f Type of action requested (check one or more of the actions listed below which pertain to your request.) hange 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 mineral extraction permit for specific requirements. ❑ Other Detailed Description of request !7~2 /-2 2 -3 0`o G - List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE -yam &D 8DO7Z 36 3 d i 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 rom the owner which approved of this action on hi e al f~l Signature o£ Applicant Subscribed and sworn to me this >~'d if RCN , 19 9' No ary Public SEAL My commission expires 2 -/y sy Date ReceivedReceipt No. S~(p Case No. /5/ TO Martin Omer Planning and Development FROM Deri Patt - Police Department SUBJECT Case No: WZ-98-10 6551 W. 44 Avenue DATE May 13, 1998 I have reviewed the plans for the above listed site. I have the following recommendations: LANDSCAPE: 1. All mature trees to be trimmed of branches up 6'-8' from the ground to allow for natural visual observation from surrounding areas to the parking lots, deck.and building. 2. All shrubs and bushes mature height to not exceed 36".' This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. There should be minimal landscaping immediately next to parking areas and sidewalks. Landscaping near vehicles and pedestrian areas often raises the perception of criminal activity. 5. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. LIGHTING: 1. Exterior.Jighting around the buildings and in parking lots should.be a minimum of 1.5 candle minimum maintained.'- This will provide for brightly lit areas that discourages criminal activity due to the illusion/perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While my reSvmmendations do not guarantee a crime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (CPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Thank you. Deri C' MEMORAN LA Approved Date TO: Martin Omer, Development Review Coordinat r FROM: Greg Knudson, Development Review Engineer / DATE: May 12, 1998 I SUBJECT: 6551 West 44'" Avenue, WZ-98-10/Rezone Lot From R-3 to C-I The Public Works Department has reviewed the Planning Department referral dated May 5, 1998 for the above referenced site. The purpose described is to rezone a portion of the lot-from R-3 residential to C-1 Commercial. Also, a 620 square foot deck is proposed. Based upon this information, this department has the following comment(s): 1. An application for a Minor Dumping/Landfill Permit will need to be submitted for review and approval. An erosion control plan may be required depending upon the quantity of material to be removed/added to the site. 2. A revised improvement location certificate (ILC) will need to be submitted reflecting the wood deck proposed on the plot plan submitted. 3. The Traffic Division has reviewed this referral, and has no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 6-3 DEP.VtIMENr OF PUBLIC WORKS EXHIBIT' A ' o.rE i?/15/`s7 F'ee =00.0 ~oe~ '17 -h 09i D O'r.-. _ MORTGAGE co. .ICFFE+SiPJ C(:•. R*EJ QL01. DEPT- AOORESS 0551 W. 44TH AV[. L AN O S U R V E Y-1 N G . W,RJ R0,o . so"t 160 - - - 30.4ROW'cft5 YAHE CAH~Rt.N Aevnon. COloRnoO 60002 (SO,) 420-6796 '/IH IROVEH£NT L,OCATIO.V CcRTI FICATE - - LEGnL OC6CRIrT10H Attn: RICHARO LITER I-__.._._._ TAt Soum 1SS.A fe<t of tba vest '.66 feet of :.te E+[t 306 f« f t-tt [ of gieek 7, SubdlTisfse, Seff Ltkerhv ' enrn Gun . La - L J. t"^•7 k 9e.d m bury Po-..v., . LM a av.... Aaady a ti ' . Ba bl M.7 ~ R ve..dd. - sd.: f37 . ~ A ~ I r N . y f... ~ I s I t A .aMi tdg 1 ' l E ~ {y K~~ ~ K t Shp' + ( ~ G ~ Q E~ = L i OW W SHr Brie i Fo- O ao loo' }1I 1 t ~ 60 N ~ ~ ~k y 0. 6,a.y n.... •t 2 'df. ao - ' ne ¢.o L t t a K H e..d O..k - fi 1 wm.•.u..vua . r...rtnuu..o- on the heals ofrry knowledge, Informedon end bef<( I or Lmprcvem•nt Ourvc/`1'IE WItt4W)m ~~br[R _ Improvement Ilnec. I further certHy that the I prt connectlorn, and entfrat/ wFhh the boundaries r th deccribed p .rnieee by Impmvamenm on,: y adl Irtirc sign of arty easerrwnt Orossihq or burden4g any n c "ttOTiCE Asovp m [aa.m ra... you must h'cr v.oaer xcn tler.C hn4 e.artt r^N.ny ec:Md w W fMr/L eM 1RT.r, N•,ewi Nik v Ayl.ad rely aa0' QS9 e.e x<.k A-. 60' RON. . e !Oy.canlfy th.t;Ks 4npvvemertt location pry a wag7rotwred for rvey FLE ,6r/ thet R to e ~iTelied upon ' the •Stab0abment of fence, bug ng, or er fvtve Ld'e emcnta cn M ebove described parcel on date, exc pt utllny parcel, •xy~pt ae ahovm, that there ve no ro tch menb Pon the xemL+uc, except as Indkated, and thet there ho apperard xe or daW per 1, except a5`\nO, 1R111lrliprr AnYYp.r((~~ctAa~ ` n~Cy(~.. ' r aw.y ..N,b, vav aRe.YOu x»eny ~/.clhR-~Y bnae Wne.nY~-rmm e.nN VIP M. r_FOi:. O QR.~ _ . 6?268 zc o ms`s-t_. 9 7 ,ert E. Po • i ~~_Q53a Cr RdmlR M. Nevtlen. LS. 2~?RTx tl~rnur-. L_RECEPTIOP'F0399618 26.00 ~'G: V 1-001 230 -RE tDED IN JEFFERSON COUNTY, COLORA. 4/15/9? 15:34:26 - NY:ARRAN rY DEED THIS DEED %U& the 15th dayar April" 19 97,bflw✓~"BETTY -AMY ZELLER and LESTER E. ZELLER v" u annf 'c ,ynr Jefferson Sett of Colorado. Yramnr, and RANDY'S REALTY ENTERPRISES, INC., eYis,ingundera,Mbyvinucorbn lawsofmcSuk,,r Colorado 6551 W. 44th Ave., Wheat Ridge, CO 80033 1 J~ i' WrrNESSETH.Th.,Oe Y.n,m, rla V]in ,.nl.. ..r TWO HUNDRED THOUSAND AND P10/100 (3200,000.00) 1%,l.L RS. Ih<mciga,.d aunicicncy of which ix lxahy xkw.xgad}.r,.hn+pnn,nl.lem}+in•J. x.IJ ar:.l .~•In.~;J. m. .,luw~l". n,. J•r.,.•um.ly .a11. ' y,Wamrn,,.m,n,e,;;mn,;;.n,.Ya,...,.r,:n.l,..,_n, a:,l:,:,n,.n, _ "Ikmemin6 cnd,.~y nr Jefferson ijThe'South 155.8'feet of the West 166 feet of the East 306 feet of Block 7, Lakeview Subdivision, Jefferson County, Colorado rn . C is C msnknnxmbralrtnana,Wmbca,o 6551 West 44th Ave., Wheat Ridge, CO 80033 TOGETHER wilh all and sinyuhr the hcrtd'nankno anJ'alMYrkna.nv dkaume h9..n;inp ..r in a:n'u i,• aryk,:amb.p.:mJ ,hc n.anian and I.RKM1Iana. FINind[, and rtn,'Jlnden. Ifnn. iaauea and PNIk, Ih[.Ct.l. II.J all IA C4.na'. "'hl. In t, int.M1 1, :L;.n and J...+.d xllalvnl<( al 111f pnnlar, filher in law qr equity, ur. in and m dm ub.we b"ai'lf.: pnmLws, wnh W hcndil:...w.a. a.J al5 u. k.. nc". TO HAVE AND TO HOLD ,M vid pcmi+c .labars•ai.kd andd ntxd. xnh dd i wJr l..wca..+a anJ a..lyn. Mvrv.ni.wc.,.n punn•:.. Alan', And the YranmgIn, himself. hishd"and pc..In,,e..uud,.d,w, cuKnarl. praw. h.rpln anJ _;ne I., ..ad! d, it. Yranka.h..wmmn h.• i• xYa .circa n;'h; +Lne;naa±eJ. La. Y..+J, am. (,•r .<I. and assiµna, llw an he link ur In, en.ealinp and 16", nr,ne+e 'n,"".'. .I absolure and indefemiblf e,au, fmhenu.. in I-. in(fa in.pk. and K. p..d nphl. 111.11 .x rvl!ix fnLunl.. vnv h• praa. hapain. vI"M e.msry the vmf in runner and r..rn. L.¢viJ. and that ,Monk"(awnuu.ull lbnena,J n. n:r p,-nl ha. -nn,. vla,. Lfn..,vf., Y.,inkrtl.. t~ encumbrancesal msuicliansu(xhatocrkiM,.na,Ytt.,e.f,,,.l easements and restrictions of record. The Ym.wJ Hand will WAR RA Mr A NO Ii)Rt V[A I IAENUdx :dvxvJu a:.kd in.ni,i.ulk'41.ifu...llvav+ldenxv:.4+u,I Ilk panwv, . h1 Wl\'f.N.nam luipna,.'roilallamMry,kMn1.YPCN.n.lax'rnlly;I.in.in, 11, xhdY.M a.1V la•n IIknY•1. The sinpularnun.bershall i,klude,hc plural, IN, plural Ihu singular, and dk u.a of any Vcnler stall Ic apl•Irtal•1f e. all pe.J;n. I.V W'1'1'NF1\ W IIt:ItkOt1 T'Iw p`rnmr Im a enynl tl.i..R'.+1 m .I V .hk w, n•nl.~r..`' Betty Amy. elIer l Lester E-:"-Zeller STATE OF COLORADO. v, . Counlyof Jefferson 4.1 The fortgoinY imuumcn,. acknowW,d bc(nrt mf,his 9th dayu( April ,IV 97 by Lester E. Zeller,--and acknowledged before me this 15th day of April, 1997 by No. 951. RN. 3-M. WANAA y DEM lu CuprWm: for P...wnd.k 1n 4^ O Ar.a4aJ Vuw..k.na,n.s Nae•aL....+v.CJA:_.W:-li..:.:._.1}c.-i.G. 11 :I II I ,.Lo" Iry:d addn," i. City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Martin Omer 1^n~,6 SUBJECT: Code Enforcement of Sign Regulations on Taverns, Drinking Establishments, and Liquor Stores DATE: June 10, 1998 In regard to Case Number WZ-98-10, Club Corners, the Planning Commission raised a valid point regarding the likelihood that 6551 West 44ffi Avenue, being Club Corners, has violations relative to sign regulations. Planning staff told the Commission that we would look into this possible code violation. I understand that our Development Department staffing is bare bones and that Code staff has a ton of work to do, but this case was referred to Code well before the subject staff report was prepared and no comments were received. None-the-less and in anticipation of this case going to City Council, I recommend that the signage on Club Corners, and in fairness all other taverns, drinking establishments and liquor stores, be investigated for conformance with the City's sign regulations. For your consideration, I also suggest that we implement policy that Code Enforcement become a referral entity on all new development application cases for their comments. cc: Case File WZ-98-10 PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-98-10 DATE: June 4, 1998 REQUEST: Approval of a zone change from R-3 to C-1 to bring the property into conformance with the Comprehensive Plan and with the use of the lot at 6551 W. 44" Avenue. Position on Request (Please check) CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: June 4, 1998 DATE PREPARED: May 27, 1998 CASE NO. & NAME: WZ-98-10 CASE MANAGER: Martin Orner ACTION REQUESTED: Approval of re-zoning from R-3, Residential to C-1, Commercial LOCATION: 6551 West 44th Avenue APPLICANT/OWNER(S): Rita Mayo and Randy's Realty, Inc. APPROXIMATE AREA: Approximately 6,500 square feet of a total lot size of 25,863 square feet PRESENT ZONING: Split zoning with 6,500 square feet zoned R-3 Residential and 19,363 square feet zoned C-1 Commercial PRESENT LAND USE: Restaurant and tavern SURROUNDING ZONING: SURROUNDING LAND USE: N: Residential-Three; S: Restricted-Commercial; E: Commercial-One; W: Commercial-One N: Residential; S: Commercial; E: Commercial; W:Commercial COMPREHENSIVE PLAN DESIGNATION: DATE PUBLISHED: DATE POSTED: Neighborhood Commercial May 15, 1998 May 14, 1998 DATED LEGAL NOTICES SENT: May 12, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS O OTHER JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 6--1 I. REQUEST This is a request to re-zone a portion of an existing parcel from Residential-Three (R-3) to Commercial-One (C-1). The applicant has submitted this request to bring a 6,500 square foot portion of the property into conformance with the City's Comprehensive Plan. The remainder of the lot, being 19,363 square feet, is properly zoned Commercial-One for commercial use. Should the applicant's request be approved, the entire lot, consisting of 25,863 square feet, will be zoned Commercial-One and will conform with the Comprehensive Plan. The commercial portion of the property is currently used as a restaurant and tavern, which use is permitted in the Commercial-One Zone District. There is also an accessory single family residence located in the rear of the business which the applicant states is used for a caretaker/watchmen quarters. Although the living unit is allowed as an ancillary use within the Commercial-One Zone District, restaurants and taverns are not permitted uses in the Residential-Three Zone District. II. SUMMARY Planning staff has studied this application and believes it has been submitted for valid reason. Staff believes supporting the application is in the best interests of the City and the applicant and can be considered an opportunity for benefit to all involved. Correspondingly, this being a zone change request, staff believes that should the request be approved, the overall property should meet the current zone criteria for the Commercial-One Zone District, including signage, adequate paved and striped parking, and adequate irrigated landscaping. Upon visiting the property, staff observed that the existing landscaping and parking were either not to code or in disrepair. Staff has formulated Recommended Conditions of approval which would serve to address these shortcomings and bring the development of the property into conformance with the Commercial-One Zone District. III. NEIGHBORHOOD MEETING A neighborhood meeting was held on February 24, 1998. The following persons attended: Sean McCartney - Planning staff Andy Cameron - applicant Irene Herman - 4370 Otis Street The following items were discussed: ♦ The applicant's desire to re-zone the property to the use of restaurant and tavern. No concerns were presented. IV. ZONING CRITERIA In reviewing requests for rezoning, the Planning Commission and City Council consider the following zoning evaluation criteria: Planning Commission WZ-98-10/Randy's Realty Page 2 6-X 1. That the zoning 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. Approval of the request to re-zone the subject 6,500 square feet of lot area from Residential-Three to Commercial-One will bring the entire lot into conformance with the Comprehensive Plan designation of Neighborhood Commercial. Of the overall lot size of 25,863 square feet, 19,363 square feet are properly zoned Commercial-One. 2. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property fronts on West 44' Avenue which is a significant commercial corridor within the City. Property east, west and south of the subject property is also zoned for commercial uses, as is the remaining 19,363 square feet of the subject lot. The existing zone designation of Residential-Three is not compatible with the typical development along West 44`h Avenue. The 6,500 square foot portion of the lot currently zoned Residential-Three is not large enough to be developed for residential uses and therefore.does not benefit the community or the property owner. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the zoning. Re-zoning the property to the Commercial-One designation will bring the lot into full conformance with the Comprehensive Plan and the current commercial use occurring on the property. Therefore, approval of the applicant's request will result in a physical and economic benefit to the community. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. The property is fully developed and is adequately serviced by all applicable infrastructure (roadways, water, sanitary sewer, telephone, etc.). No additional facilities or services will be necessary as a result of the re-zoning of this portion of the property. 5. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. The subject property is currently developed. The application has been submitted in order to remedy an outdated and non-conforming zone designation of a portion of a legally created lot. Therefore, no adverse impacts to public health, safety or welfare are expected should the application be approved. Planning Commission WZ-98-10/Randy's Realty Page 3 6-3 6. That the property cannot reasonably be developed under the existing zoning conditions. The property is developed as a commercial use at this time. The portion of the lot currently zoned Residential-Three can not be reasonably developed for residential use due to its' small size and non- conformance with the Comprehensive Plan. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Re-zoning the 6,500 square foot portion to Commercial-One will not create isolated or 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. The overall lot is currently developed as a commercial use which use is in conformance with the Comprehensive Plan. Staff believes that the current use of the property fills a community need since it remains in operation, and since the applicant has initiated and paid the appropriate fees for this re-zoning application. V. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Police Department: In memorandum dated May 13, 1998, the Police Department recommends landscaping and lighting treatments designed to aid in crime deterrence. The Planning Department has incorporated the Police Department recommendations as Recommended Conditions of Approval. City of Wheat Ridge Department of Public Works: In a memorandum dated May 12, 1998, the Public Works Department expressed the following two comments: 1. An application for a Minor Dumping/Landfill Permit will have to be submitted. 2. A revised Improvement Location Certificate will have to be submitted which shows the wood deck. Responding Without Concerns: None. Notified But Not Responding: Wheat Ridge Fire Protection District Wheat Ridge Water and Sanitation District Public Service Company U.S. West Communications TO of Colorado Wheat Ridge Building Division Planning Commission WZ-98-10/Randy's Realty Page 4 &q VI. STAFF RECOMMENDATION Staff concludes that the proposed re-zoning meets the city's criteria for approval of the zone change request, and that approval of the request will benefit the city by bringing the 6,500 square foot portion of the property into conformance with the Comprehensive Plan, and will also benefit the applicant by allowing him the full use of his property in conformance with the Comprehensive Plan. Staff therefore recommends approval of this re-zoning request with associated Recommended Conditions of Approval. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-98-10, be recommended for APPROVAL to the Wheat Ridge City Council, with associated conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would result in the entire property being in conformance with the Comprehensive Plan. 3. There would be no significant negative impacts as a result of the zoning. with the following conditions: a. Prior to the City Council hearing for this case, the applicant/owner shall submit a revised site plan which meets all the criteria outlined in the City of Wheat Ridge Police Department memorandum dated May 13, 1998. The submitted revised site plan will have been reviewed and signed by Deri Patt of the Police Department, or their designated representative, prior to its submittal to the Planning Department. b. The applicant/property owner shall pave and stripe the rear parking area, which is currently gravel. All parking stalls shall be clearly striped, with handicap symbols included as required by the Americans with Disabilities Act. The existing asphalt parking area shall be re-sealed. A total of 48 paved and striped on-site parking spaces shall be established and maintained. C. A standard dumpster enclosure shall be constructed (Building Permit required) wherein the dumpster shall be kept. d. All signage associated with the front freestanding sign shall be kept in a repaired condition. e. Landscaping: 1. The pavement immediately underneath the freestanding sign shall be removed and replaced with an enclosed planter area (constructed of materials similar to those used for the planter adjacent to the southeast corner of the building) where four evergreen shrubs shall be planted, with bark/mulch spread, and kept in good living and weed-free condition. 2. The landscape area located along the front portion of the west property line shall be enclosed with material similar to the planter adjacent to the southeast corner of the building. All weeds shall be removed and bark/mulch shall be spread and kept in a clean and-weed free condition. f. An application for a Minor Dumping/Landfill Permit will have to be submitted. g. A revised Improvement Location Certificate will have to be submitted which shows the wood deck." Planning Commission Page 5 WZ-98-10/Randy's Realty 6-s Option B: "I move that Case No. WZ-9878, be recommended for DENIAL to the Wheat Ridge City Council for the following reasons: 1. 2. 3." C~TCMMWZ98-10.wpd Planning Commission WZ-98-10/Randy's Realty Page 6 6-`i' F Fz : J Yy O n O Y. ~ o m ° a Y _ w O 0t 4: > Z g C4 In 4' r 7 N 03°jU W uj 0. 4 w w . o 4^ ° " Z N w~ ~y Id m : rro c Q N 3 ~ t t O ° O y M~ Y :u a yyyyyy N ' uiv = uQa g'~o$ ra yr w 0 fW- ~ ~•X e z u ° m N 4 J a P4 W .500 U 7 Non zx IC i a ° U < o N ° J 't i O O N aU~ a + rc. • o ` ° 4 3 < w m 2 Q N ° Q d ~ F .4"351 y Ewa +F~v r b X S x ' H P V 1r: O e -La A eg "SUL it .0'Ui $ -TV1 s Ate E ...-.F'S9 ~LL 4 f 0 K P s" b I ~~00 Q~ C p u0 ~ w ° CL Y C'O ~ Y ~ C ttCC~tltl~ tTy of; m 7l p z°IS6 0 it -.~E8 P 3: ZL c c m m~ m Nm my m a ~m>rmCU~TS, Gam;-9 W LOCATION MAP 0 n •KI m• Y 4~ 4675 4650 4885 tn ` -3 o m ~ Y L a • $ ~ 5~ Y MARTENSEN_ ELEM. SGHODL . R-2 W 45TH PL m 8 8 ~ 8 r. A 10 ~ m ~ m m m m m W 45TH AVE m m m m m m m m 8 n m 8 n m n 0 N n o ~ m LAK I RG UB§ 10 I r- ° ±E2-~C ~ Nf _ in me -2, W 46TH PL 0 0 0 0 Y N W 46TH AVE o ~ 4Sb0 4510 4500 m e m W 45TH PL 01 b ho b Ln m u 0 Y N e m W 45TH AVE A 4?/~ SITE F ~ N ~ r. m a~ i r m v ~i n 1 is r~ 1D 0~ ~o 540 1 ~ n n~J y V a 36.0 . , LS1e~c-ur ~y 1s-S \ ~ Q i 11Zo!A o I za 6 w~°" Fct~cG 44 4 i ~ L 1 _ , q~/ Sr 4l 8' - z..z'--c -18' i II - •X ~l~v'vv~ I ~ 27 Low ~..a~~ 2980 l l l Z a7 5Q~ 5 cG U 2.acZ. R! ~CSasuc~ ~.C. l~~ZT UaNO syY~(E`(~~.1(t Cuu3 Caz~~z kit ,01{ SCALE: t "7- Znc~rpp APPROVED BY DATE: 1~i~T ~lS?,t~1 oFt^wM B OEY6ED DRAVWVOG MJMBER 6 TYP. kR-a N-1- ZS 1 z 10 N = y _ - m _ ° O 1 _ - CD I o Y l(1 I .-I 1 - = U O 1 r. Z I _ m a 1 3 G _ 0 O U-) y ~ p 1 N S I - z 1- Q I _ P m 4 N I - 1 = CD O I O = 1 M - - W I r R IZ' 1 _ _ W O a _ U I c _ La ~ Z 1 N O - W _ ~ 1 - t 0 Q 1 fi J a. _ i O ? 4- O J N - 0- 0 U i w 0 OM m 'OM I N ^ r ? rts O I c 4- >1 W S- O - I = O +1 h i. F- 000 = I = N t0 C _ 1 u _ it0~ Z' Q W OO = 1 Z 'i ai rl J O=1 f7 J U U @ 1= 4- U n : O O V C = I . 4- 4 ~ O U 1 v N C a 16 i .-I c 01 - 1 - 3 N NZ~ o °a ° - I m a: 1 N v w V' cl~ Z ~ 7D (n LL a W G ° v 1 ! 7 O, . N OD W d . 4N t y o c e j ~ r1 Q ~ ~ s . Y _ N N O` z U W. c y i : m.H H. s: s 1 > W ILO r m J ' T~ F O v M .O. - C~j W: ° - act S- _ N O cl: K R~ CD - -c Z O a R1 O .e - y u .2 V) Z W W a U y ~3 . ' t Or _ N> O~ O Z C O ~ T ~ cl 2 F- . rs L W Q LO i iA t (C ` I p ~ F. o rr K vL7 ~s ~F..J L) 0 wm .N \ L66 W1 (10 . v t C V - R ZN' 3, c = _ _ c 4- 7 - O M ? O O 4~ p _ oU co - - = c - r' •L = C. U v - - c to c - 'r N C F _ _ ^ V N ; ° - QI L J L= j am - c • i J L L ^ 7 U 7 J. W Q 41 -zt z y L fl r e 4J -6 Ul A ' ~ i 3 _ `c N Y== V a c== a^- LO s c o u o ' o to c a v ~ s C ~ as ~ _ y 1 c s c s r v v ° a - z 3 c Z m i6 -v c p7 v` k] r t c c Fx•, £ i c c e O ~ p ~ ~ ¢ h = n c V `o v E E O L L y y V ~ W° n a s c v 4 a4 j ' T 3 - J. J ~ C - L 2 L c - T Z-7 o s c . n r n a ~ c V L L i c C o' N i F C5 4- o a' I 3 O O U m Q N s' L ~ r 31. m Z Q a \I 4~ Z -N -m - m 1 . Ol Ol ~y S- Q Q 4- O S- m 0--v Q L 4') ~ N G N t N v s i -P 0 0)4- (v 11 O 0t E 3 v O F ~ a Y a ~ R 0o OD ~ Ol o Io M X 'n . °d L L 3 r s~ ~ N .e li.l i Lm''j'+~'' E w 4~ ° V z.Jm T F a : ~ a N J 7 9 S1 v 3 P 0. o`< m ptt V a Q c a a 3 VIA O`11J1 Z~~- The City Of GWhe at ADMINISTRATIVE PROCESS APPLICATION Ridge Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Address Phone 8.3/-8305 DeA+ver C6 V021f Owner Address Phone Location of request IoSS/ CJ . y Type of action requested (check one or more of the actions listed below which pertain to your request.) hange 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 H Preliminary Miscellaneous plat Final Solid waste landfill/ See attached procedural guide mineral extraction permit for specific requirements. ❑ Other Detailed Description of request 12-S -,Irv G List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS /1 PHONE - /1 OFC _ yozif 3ma si-~4b eeea~ y /eJA /ate- 8 c G'y BaJi~ 3© 3 -Ys 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 rom the owner which approved of this action on hi a al£,.,,_ CX Signature of Applicant 1~l 2 Subscribed and sworn to me this c,26 d f ZOA'C'cl" , 19 5 A- pie, YT No ary Public SEAL My commission expires 2 -/y- Date Received Receipt No. 5 Case No. wZ 97 D /5,11 MEMORANDUM TO Martin Omer Planning and Development FROM Deri Patt Police Department SUBJECT Case No: WZ-98-10 6551 W. 44 Avenue DATE May 13, 1998 I have reviewed the plans for the above listed site. I have the following recommendations: LANDSCAPE! 1. All mature trees to be trimmed of branches up 6'-8' from the ground to allow for natural visual observation from surrounding areas to the parking lots, deck and building. 2. All shrubs and bushes mature height to not exceed 36". This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. There should be minimal landscaping immediately next to parking areas and sidewalks. Landscaping near vehicles and pedestrian areas often raises the perception of criminal activity. 5. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. LIGHTING: 1. Exterior lighting around the buildings and in parking lots should be a minimum of 1.5 candle minimum maintained. This will provide for brightly lit areas that discourages criminal activity due to the illusion/perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While my recommendations do not guarantee a crime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (CPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Thank you. Deri MEMORAN U10 I Approved Date DRFARTM@iTOFRMUC WORKS TO: Martin Omer, Development Review Coordinate FROM: Greg Knudson, Development Review Engineer'{{{XXXIII// DATE: May 12, 1998 SUBJECT: 6551 West 44 s Avenue, WZ-98-10/Rezone Lot From R-3 to C-1 The Public Works Department has reviewed the Planning Department referral dated May 5, 1998 for the above referenced site. The purpose described is to rezone a portion of the lot from R-3 residential to C-1 Commercial. Also, a 620 square foot deck is proposed. Based upon this information, this department has the following comment(s): 1. An application for a Minor Dumping/Landfill Permit will need to be submitted for review and approval. An erosion control plan may be required depending upon the quantity of material to be removed/added to the site. 2. A revised improvement location certificate (ILC) will need to be submitted reflecting the wood deck proposed on the plot plan submitted. 3. The Traffic Division has reviewed this referral, and has no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 6-13 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 Wheat Ridge City Admin. Fax # 234-5924 May 12, 1998 Dear Property Owner: Police Dept. Fax # 235-2949 This is to inform you that Case No. WZ-98-10 a request for approval of a zone change from Residential-Three to Commercial-One to bring the property and use into conformance with the City's Comprehensive Plan and zoning regulations. The property is located at 6551 W. 44" Avenue and will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on June 4, 1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. "If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request." It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C: \Barbara\PCRPTS\PLANGCO W UBHRG\wz9810cert.wpd C, RECYCLED PAPER 9 d C w d ~ d y .U d C d 'u y y d c u d o Z d ? dl c ~ m v a u ~ a i N d d ~ L N ` ~ y O W d d w rn O ~ C d ' d m 'o L O 0 u a E o ~ E # a c N m o 0 0 0 0 0 0 w ~ x r 'c - m U m m m m rn rn rn ~ m 3 3 ~ 3 3 3 3 uyi d a U 0 O y M 0 C d M d 0 p O Y O F O a a d E Q m C o i m m U J O E do o d O E L o do M o rm ~ O s r °o d om .s, o° a`~mm y oL0 v0 Q0 U J om ° m r N o mm m ` Q Warn vi$ ~vrn o ~ m0 U o d 0 U CO `mU O ~~U m o oU ~~v v v w m m `y o- an Q LL 1 F C d C d y d d 1.1 N Q(mOL rL ~t U~ 0 Q Q Q Q N d > rL N 'p . ~ Q d a' U 01 O ~ ~ ~ d v C O d J U WO ~U w m z ❑ ❑ ❑ ® ❑ ❑ d U) u LLI { N L' a O N M O m m O O M M M M M m M Q OO o 0 o O m o 0 0 m w0 E rn rn m rn m m m Z Q Q W o ~C;) N O Q a } O W U LO ~I d Q 0 a W L Ypp t~ 4 N 0 ry m E z U A rC'O T L a v y a U N a O E z F 3. " Case No. WZ-98-10: An application submitted by Randy's Realty, Inc. (Club Corners) for approval of a zone change from R-3 to C-1 to bring the property into conformance with the Comprehensive Plan and into conformance with the use of the lot. Said property is located at 6551 West 44" Avenue and legally described as follows: The south 155.8 feet of the west 166 feet of the east 306 feet of Block 7, Lakeview Subdivision, Jefferson County, Colorado. Barbara Delgadillo, R rding Secretary ATTEST: Wanda Sang, City Clerk_~ To be Published: Wheat Ridge Transcript Date: May 15, 1998 elplanningWorms\phn. rrtn MEMORANDUM 11 Approved Date DBFARMUM OF PUBLIC WORKS TO: Martin Omer, Development Review Coordinat r FROM: Greg Knudson, Development Review Engineer DATE: May 12, 1998 SUBJECT: 6551 West 44`h Avenue, WZ-98-10/Rezone Lot From R-3 to C-1 The Public Works Department has reviewed the Planning Department referral dated May 5, 1998 for the above referenced site. The purpose described is to rezone a portion of the lot from R-3 residential to C-1 Commercial. Also, a 620 square foot deck is proposed. Based upon this information, this department has the following comment(s): 1. An application for a Minor Dumping/Landfill Permit will need to be submitted for review and approval. An erosion control plan may be required depending upon the quantity of material to be removed/added to the site. 2. A revised improvement location certificate (ILC) will need to be submitted reflecting the wood deck proposed on the plot plan submitted. 3. The Traffic Division has reviewed this referral, and has no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File N City of 7500 West 29th Avenue A N, Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 APR ® 6 Ridge DATE March 30, 1998 The Wheat Ridge Department of Community Development has r for rezoning from R-3 to R-C at the property described below. Your response to the following questions and any eo nts on this proposal would be appreciated by April 15. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-98-9/Mahoney LOCATION: 6185 W. 38th Avenue REQUESTED ACTION: Rezoning from Residential-Three to Restricted-Commercial PURPOSE: Speculative rezoning to convert existing residence to a commercial office use. The applicant has proposed no changes to the property and no building expansions. All changes to the structure would be interior only. APPROXIMATE AREA: 17, 500 square feet of land area with 1100 square feet of building area. 1. Are public facilities or services provided by your agency adequate to serve this development? YES__,K_ 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 you agency has identified which would or should affect approval of this request? Please reply to: Meredith Reckert. 235-2848 Department of Planning & Development. DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife . Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI, of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division "The Carnation City" tic) Ib sY (to I5 / 5Y /Ivie-k of- 'PAc tAes S C-5 " = 330 lb / 5-~.) 2000 tb / TD✓1 435,45 /-MZ cDsT. 7,7, 5-6 ;2-35 S zr vaq ~ 7-0 - / Z 7z')~s Sam c~ l 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge May 5, 1998 The Wheat Ridge Department of Community Development has received a request for rezoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 19. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-98-10 LOCATION: 6551 West 44" Avenue REQUESTED ACTION: Rezone a portion of the lot from R-3 Residential to C-1 Commercial PURPOSE: To bring propety into conformance with the Comprehensive Plan and into conformance with the use of the lot. APPROXIMATE AREA: 6,500+1- square feet of an overall lot of 25,863 square feet. 1. Are public facilities or services provided by your agency adequate to serve this development? Yos 2. Are service lines available to the development? N 4 3. Do you have adequate capacities to service the development? Y`e~ S- 4. Can and will your agency service this proposed development subject to your rules and regulations? Ye~s- 5. Are specific easements needed on this or any other document? P est? 6. Are there any concerns or problems your agency has identified which would or should affect approval of this 7-u Please reply to: Martin Omer Completed by: b 9 r I P"yT Ta Yn 11( e f UJ l Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div: Of Wildlife Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division "The Carnation City" eAplanningVorms\agendaref fm MEMORANDUM TO Martin Omer Planning and Development FROM Deri Patt Police Department SUBJECT Case No: WZ-98-10 6551 W. 44 Avenue DATE May 13, 1998 I have reviewed the plans for the above listed site. I have the following recommendations: LANDSCAPE: 1. All mature trees to be trimmed of branches up 6'-8' from the ground to allow for natural visual observation from surrounding areas to the parking lots, deck and building. 2. All shrubs and bushes mature height to not exceed 36". This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. There should be minimal landscaping immediately next to parking areas and sidewalks. Landscaping near vehicles and pedestrian areas often raises the perception of criminal activity. 5. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. LIGHTING: 1. Exterior lighting around the buildings and in parking lots should be a minimum of 1.5 candle minimum maintained. This will provide for brightly lit areas that discourages criminal activity due to the illusion/perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While my recommendations do not guarantee a crime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (CPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Thank you. Deri 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Rlaae May 5, 1998 The Wheat Ridge Department of Community Development has received a request for rezoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 19. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. r Cr CASENO: WZ-98-10 .a w LOCATION: 6551 West 44 Avenue << REQUESTED ACTION: Rezone a portion of the lot from R-3 Residential to C-1 Commercial 44, PURPOSE: To bring propety into conformance with the Comprehensive Plan and into confo ce with the use of the lot. APPROXIMATE AREA: 6,500+/- square feet of an overall lot of 25,863 square feet. 1. Are public facilities or services provided by your agency adequate to serve this development? 2. y Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. /f Are there any concerns or problems your agency has identified which would or should affect approval of this request? a Please reply to: Martin Omer Completed by: 4- f Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Land Use Commission State Geological Survey . Colorado Dept. Of Transportation Colorado Div. Of Wildlife X X X X Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation City" e:\planning\fov \agendaref.frm ..r..._~ .....j...., ..„p,.~rcn mrn ..ut, wr%uw a wes vareo mr 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge May 5, 1998 The Wheat Ridge Department of Community Development has received a request for rezoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 19. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-98-10 LOCATION: 6551 West 44' Avenue REQUESTED ACTION: Rezone a portion of the lot from R-3 Residential to C-1 Commercial PURPOSE: To bring propety into conformance with the Comprehensive Plan and into conformance with the use of the lot. APPROXIMATE AREA: 6,500+/- square feet of an overall lot of 25,863 square feet. 1. Are public facilities or services provided by your agency adequate to serve this development? Yes 2. Are service lines available to the development? y&s 3. Do you have adequate capacities to service the development? yes 4. Can and will your agency service this proposed development subject to your rules and regulations? yes 5. Are specific easements needed on this or any other document? 4 Mw o 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Martin Omer Completed by (A.6 ".&-,jA- Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division "The Carnation City" e:\planning\forms\agendaref f m 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge May 5, 1998 The Wheat Ridge Department of Community Development has received a request for rezonine at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 19, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-98-10 LOCATION: 6551 West 44th Avenue REQUESTED ACTION: Rezone a portion of the lot from R-3 Residential to C-1 Commercial PURPOSE: To bring propety into conformance with the Comprehensive Plan and into conformance with the use of the lot. APPROXIMATE AREA: 6,500+/- square feet of an overall lot of 25,863 square feet. 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Martin Omer Completed by: Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division "The Carnation City" e:\planning\forms\agendaref frm m a o._ Q co Ln Ln m t c n G Yy O c w ~ J O o O r C V J 4 g o ~ M 111 ~ J ~ y M O~ y W LL 1'J 3 W V r o U t~ w W W lwc a o a L D Q m sU YV. .wx O M R' 0 M F t S~ VV~ F ~ 0 ~W ~ Z ' u r o '^N w 4 H F J W .;0m w O u O'QD 'A a O i U R ° N a ao f 0 1 O a p on J 3 ^ a < w a Z a < > w o q . a 7 $ _ alpl.r;9 rjel 1p ~~~sspp K ~~VJ x: v W d1 4 z g ~ s u .1-4 JP-AV :........,M pvv $'Yb LL Y: 6 V A91 ' a b ~ d "562 .CH c 5vl s 1 ' W f t 3 K r ~m~tb D,0~t m.r cC°l~ `c dCo ~ a 0 0o io- f, o O C O a p Cb~ mm~b Ea o N w o C rt i «mmQm Lt -t$p A a O D o 0 0 a . ~ Qm r f 2 m N EEt T la'm Y 3 6 d g' , ro .2ZE ~ 8~ i 0« 666 E$ H Ea $ o~ a 36,0• o ; r c-L,z. r{ y ilzo? `lc o, N 5401 . -t + Ili(..°" I y ~c!d f L.ra ve.._a~ Pro o/ reef` /P J t i 0 lL 1Q~~. '~2 ~ 6 Ft10. N. s / ~I 41 (~,I q~/ 8 ZZ' -IS I 2L a' 7 S~~ ISM I - i r 11 •c' A \ C5 = ae¢~ .2.980 ~a5 C u~A`J~ ~zv 36eo s4~ ~~-aruoa Ae,~~ It SQL S ccUQuR`~N \iYc~1~ Coc5p } ► l5 - 98 PARIUKG ~t&s M_~SlUC~rnEN-r ~ F~c~ Fa-~Tac~~o sztr~~f C ~.u3 Cai~~z ~~yJ r byppeyY F~•~ry~/ SCALE: ~(tZ Zot APPROVED BV OR.A,MI, a DATE: L-"L /ES PEV6E r•. dye9~~ ~ 6iAW?K M 5Mv.:-- ~ac~L~A2~~uI~OcL~ 6 TY P . ~ 4 h11~ 1Z~ 6f~ , / a , C3 &/YV7 44 41 ca'-p- 4L 12 , 164.,6 ~ ~ ~ ~ ~ C/v~GG.~~~ /gyp" " "c~`_ ~F 1Ob~ .1 Buz- ~ 2 ~ 7-q 2- Z qy 3 3 v3 = y%Z ~S 17 e`-91, l l ~Q~ L Giti~~ r i 1-05-1995 7:55AM Fr-14 andy cameron attorney at law 1758 emerson street - denver, co 80218 (303) 831-8309 FAX TRANSMITTAL sHF-ET DATE: A~Aj C-ia, IM TO: V b-, FROM: andy cameron RE PAGES: NOTE: Please contact us iumulediately if there are transmission problems. Thank you. confidentiality notice This message is intended only ror the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employeeorage it ruisonsibfefordelivering the message solely to the lateaded rccipien4 you are hereby notified thatanydissemination, distribution, or copying of this eommuoicatioa Is steady prohibited. If you have received this communication in error, please notify us immediately by telephone and reborn the original message to as at the above address via the tJS Postal service. Thank you. original documents will: _ follow by regular mail _ follow by Federal Express -'snot be sent 71 c,r,,, ~,,,;,N~,,, M;W, licensed in colorado, new mexico and michigan '1-05-1995 7:55AM FP^4 andy eameron attorney at law 1758 emerson street deaver, co 80218 (303) 831.8309 April 20, 1998 City of Wheatridge ATTN: Martin Orner RE: Randy's Realty, Inc. Via Fags: 234-5924 Mr Omer: Enclosed is the supplement to the re zoning application for 6551 W. 44th Ave. P. 2 N.I.M. licensed in Colorado., new mezico, and miehigan Ta°~a°~ a c1 r ur WHEAl H1UGEf Page 3 1-05-1995 7:55AM Fr- ! andy Cameron' 1758 emerson street deriver, co 80218 attorney at law (303) 831-8309 ADJACEiVT PROPERTY 0~~1 IL5 All Gas Equipment 6690 W. 44th Ave. Wheatridge, CO 80033 John A. and Sharon L. Bower 6650 W. 44th Ave. Wheatridge, CO 80030 (6650 W. 44th) Vickers Petroleum Corp. c/o Total Petroleum Box 500 Denver, CO 80201 (6601 W. 44th) Bonnie H. Leman 7890 W. 70th Arvada, CO 80004 (6701 W. 44th) David L. and Jessica Strickland 12188 W. 7th Arvada CO 80005 (6720 W. 44th ) Judith Baker 8710 W. 68th Arvada, CO 80004 (6670 W. 44th) P.A. Baker 8710 w. 68th Arvada, CO 80004 (6600 W. 44th) P. 3 <.1PagBWxsUady lia licensed in Colorado, new mexico, and michigan :27AM yv^. FPS; andy cameron attorney at law City of Wheatridge Attn. Martin Omer VIA FAX 234-5924 Dear Mr. Omer: oliv or WHEAT RIDGE; Page 2 1758 emerson street denier, co 80218 (303) 831-8309 April 16, 1998 RE: Randy's Realty Inc./ Zoning 6551 W. 44th Ave. I am in receipt of your letter of April 2nd, having received a faxed copy after our telephone.conversation of April 6th, 1998. In that phone conversation, I was obviously trying to get information and you were upset with some aspect of this application. I acknowledge becoming short with you, however, you indicated that the problem was with my staff. I later checked with my staff, and I understand the last phone message I received was that you were going to be out in the field, and unavailable for two days, and that I could contact you upon your return. The tone of the message was less than satisfactory according to Rita, my staff person. As to your three concerns, I will provide the adjacent property owners not later than April 20, 1998. I have provided a survey which to my uneducated eye clearly delineates between the commercial and the residential portion of the property. As to your third request-the deedholder was in the process of constructing a 10' addition to the pool room of the Club Corner Bar when the City discovered that the 10' addition was located within the residential portion of this property. It was determined that since the building was in existence prior to the zoning that the re zoning should be pursued. Further, I do not see the request for fifteen (15) copies in the code section that you cited, however, I shall assume that there is a need for 15 copies and shall submit 15 copies. Finally, what was wrong with the courier transporting the documents? m P. 2 n:m.. licensed in Colorado, new mexico, and michigan m S n ,a O .n -D Ir 2A PDSTACE POSTMARK R DATE RETURN - SHOW TO WHOM,OATE AND RESTRICTED SERVICE 'DRESS OFSE LIVERY / DELIVERY SERV ERTIFIED FEE +RETURN RECEIPT TOTAL POSTAGE ANO FEES SENT TO. NO IN SU R ANCE FOfl INTERNATIONAL MAIL NOT IL UNT GS FORM 3800 US Postal Service O W a O 70 W 6 a 0 OQ a o a� rc p U W 0 O F N U a TL W ti Receipt for Certified Mail o a The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat April 2, 1998 GRidge Andy Cameron 1758 Emerson RECOV APR ° P I Denver, CO 80218 RE: Rezoning Application; Randy's Realty; 6551 West 44" Avenue Dear Mr. Cameron: The City of Wheat Ridge Planning Department has received your re-zoning application for the above referenced property located in the city. The Planning Department has determined that this application is incomplete for processing for the following reasons: 1. Names and addresses of property owners. Your submittal includes a list of addresses without the corresponding names of property owners, which list is therefore incomplete. 2. Maps. The map submitted with the application does not differentiate the area of the parcel zoned C-1 from that zoned R-3. Planning staff can assist you with locating the zone lines. Additionally, the map should show where the building is situated on the parcel including the location and number of parking spaces, building setbacks from all property lines and existing landscaping (area calculation and location). 15 copies of the map is requested. 3. Written information. Section 26-6(C)(2)(d) of the Wheat Ridge Zoning Ordinance requires the submittal of basic written information to assist staff in analyzing and processing re-zoning applications. Said information (15 copies) is not in the application package. I have enclosed a copy of the City's Guide to Re-Zoning for your review and use. Correspondingly, the Planning Department can not proceed with processing this application until the above information is submitted (future application or application submittals via courier shall not be accepted by the Department). If the aforesaid requested information is not received by the Department within two weeks, being April 18, 1998, all submitted materials will be returned to you. along with your application fees. Feel free to call me at 235-2854 if you have any questions. Sin I rely, artin Orner, AICP Economic Development Specialist/Associate Planner enclosure: A Guide to Re-Zoning in the City of Wheat Ridge cc: Alan White, Director of Planning and Development (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 andy eameron attorney at law 1758 emerson denver colorado 80218 303 831 8309 fax 303 894 0404 February 19 1998 memorandum from: andy cameron wad, inc. D/b/a club corner to: city of wheat ridge planning department zoning change re: 6551 w 441 this memorandum will serve to confirm that I sent approximately 110 notices as attached to the addresses listed on the sheets informing them of the informal neighborhood meeting as I discussed the meeting is set for 2/24/98 at club corner 6551 w 44t' at 6:00pm thank you for andy licenced in Colorado new mexico and michigan club corner home of country music 6551 w 4,e avenue - wheat ridge, colorado 80033 (303) 424-9996 DATE: RE: Re-zoning/ Club Corner There is a small piece of the Club Corner that is zoned residential. The majority of the parcel is commercial (C-1). In order to put in two more pool tables in a 10' addition it is necessary to re-zone the property to commercial. The city of Wheat Ridge requires an informal neighborhood meeting at which time a staff planner from the city will be available to discuss city policy. The meeting at the Club Corner Bar is set for February 24, 1998 at 6:00 p.m. You may feel free to attend and if you have any questions I will attempt to answer them. Free refreshments and a snack bar will be available. This is also a chance for you to take a look at some of the improvements to the building we have made. Feel free to stop in and meet us. Sincerely, Andy Cameron i I - w 4eTH Ave ~ $ R F g g R ~ R ( R ~ R 6 MARTENSEN ELEM.SGHOOL u A 1 4510 ~ a ~ as EI K ~ x a R-2 R R 8 ~ ~ " 3 ~ ~ n 8 S H 45TH AV S R g _ n 8 " 3 x ~ .R R LAKE R a uB~ W 13TH R gg i ~ ~ ~ ~ 3 33 w.mn AV a A 8 3z H MTH R W g tl o tl $ 2 m gg ~ { OFFICIAL - ZONE 1)15TRICT BOUNDRY ZONING MAP -PARCEL/LOT BOUNDRY D (DESIGNATES OWNERSHIP) NH EAT EAT R I DG7T CITY LIMIT LINE COLORADO 1 DENOTES MULTIPLE ADDRESSES MAP ADOPTED:.kme 15, 1994 Lwt Reuam: September 19, 1996 DEPARTMENT OF RNfMNS Alm DEVEZRI " - 23,7852 G-1 W j> N $ W I rl - R ,o x _ a § w 44TH Aya m NX 24 o m ao az wo Sao SCALE 1-400 L:\ORAWINGS\PLANNING\OS\NW24 z+,4l q~) Name and Address Please Print at4(.Ly eameron 1758 emerson - denver, co 80218 (303) 831 8309 fax (303) 894 0404 FAX TRANSMITTAL, SHEET DATE: - a-~e - ~s 0 - re, //-Aeo TO:~ FROM: andy cameron - attorney RE:tc551 6) Q, 4- PAGES: $A nv m- NOTE: Please contact us immediately if there are transmission problems- Thank you. confidentiality notice This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under appticahlc law, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message solely to the intended recipient, you are hereby notified that any diseminatlon, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original Message to us at the above address via the Us Postal Service. Thank you. original documents will: _ follow by fegul ar mail . follow by Federal Express not be sent r. I C.10MG11MFAXFOa licensed in colorado, new mexico and tnichigan rG 6425 W. 44th Ave_ Wheat Ridge, CO 80033 6505 W. 44th Ave Wheat Ridge, CO 80033 6525 W. 44th Ave, Wheat Ridge, CO 80033 6545 W. 44th Ave. Wheat Ridge, CO 80033 6585 W. 44th Ave. Wheat Ridge, CO 80033 6601 W. 44th Ave. Wheat Ridge, CO 80033 6600 W. 44th PL Wheat Ridge, CO 80033 6701 W. 44th Ave. Wheat Ridge, CO 80033 6795 W. 44th Ave. Wheat Ridge, CO 80033 6410 W. 44th PL Wheat Ridge, CO 80033 6504 W. 44th K Wheat Ridge, CO 80033 6530 W. 44th PL Wheat Ridge, CO 80033 6550 W. 44th PL Wheat Ridge, CO 80033 6570 W. 44th PL Wheat Ridge, CO 80033 6600 W. 44th PL Wheat Ridge, CO 80033 6605 W. 44th PL . Wheat Ridge, CO 80033 6615 W. 44th PL Wheat Ridge, CO 80033 6625 W. 44th PI, Wheat Ridge, CO 80433 6635 W. 44th PL Wheat Ridge, CO 80033 6645 W. 44th PL Wheat. Ridge, CO 80033 6655 W. 44th PL Wheat Ridge, CO 80033 6665 W. 44th PL Wheat Ridge, CO 80033 6675 W. 44th PL Wheat Ridge, CO 80033 6670 W. 44th PL Wheat Ridge, CO 80033 6720 W, 44th PL Wheat Ridge, CO 80033 6770 W. 44th PL Wheat Ridge, CO 80033 6780 W. 44th PL Wheat Ridge, CO 80033 6790 W. 44th PL Wheat Ridge, CO 80033 6440 W. 45th Ave. Wheat Ridge, CO 80033 6460 W. 45th Ave. Wheat Ridge, CO 80033 6445 W. 45th Ave. Wheat Ridge, CO 80033 6465 W. 45th Ave. Wheat Ridge, CO 80033 6505 W. 45th Ave. Wheat Ridge, CO 80033 6525 W. 45th Ave. . Wheat Ridge, CO 80033 6545 W. 45th Ave. Wheat Ridge, CO 80033 6585 W. 45th Ave. Wheat Ridge, CO 80033 6614 W. 45th Ave. Wheat Ridge, CO 80033 6624 W. 45th Ave. Wheat Ridge, CO 80033 6634 W. 45th Ave_ Wheat Ridge, CO 80033 6740 W. 45th Ave. Wheat Ridge, CO 80033 6750 W. 45th Ave. Wheat Ridge, CO 80033 6760 W. 45th Ave. Wheat Ridge, CO 80033 6785 W. 45Th Ave. Wheat Ridge, CO 80033 6755 W. 45th Ave. Wheat Ridge, CO 80033 6725 W. 45th Ave. Wheat Ridge, CO 80033 r. 6705 W. 45th Ave. Wheat Ridge, CO 80033 6675 W. 45th Ave. Wheat Ridge, CO 80033 6655 W. 45th Ave. Wheat Ridge, CO 80033 4450 Newland St. Wheat Ridge, CO 80033 4490 Newland St. Wheat Ridge, CO 80033 4495 Newland St. Wheat Ridge, CO 80033 4501 Newland St. Wheat Ridge, CO 80033 4480 Pierce St. Wheat Ridge, CO 80033 4380 Pierce St. Wheat Ridge, CO 80033 4350 Pierce St. Wheat Ridge, CO 80033 4340 Pierce St. Wheat Ridge, CO 80033 4330 Pierce St. Wheat Ridge, CO 80033 4375 Otis St. Wheat Ridge, CO $0033 4365 Otis St. Wheat Ridge, CO 80033 4355 Otis St. Wheat Ridge, CO 80033 • ~..n vv i VM IGRI..II V O.~l4G4G/1 G 4345 Otis St. Wheat Ridge, CO 80033 4335 Otis St. Wheat Ridge, CO 80033 4330 Otis St. Wheat Ridge, CO 80033 4340 Otis St. Wheat Ridge, CO 80033 4350 Otis St. Wheat Ridge, CO 80033 4360 Otis St. Wheat Ridge, CO 80033 4370 Otis St. Wheat Ridge, CO 80033 4390 Otis St. Wheat Ridge, CO 80033 4305 Newland St. Wheat Ridge, CO 80033 4315 Newland St. Wheat Ridge, CO 80033 4325 Newland St. Wheat Ridge, CO 80033 4335 Newland St. Wheat Ridge, CO 80033 4345 Newland St. Wheat Ridge, C0 80033 4355 Newland St. Wheat Ridge, CO 80033 4365 Newland St. Wheat Ridge, CO 80033 r. i 4375 Newland St. Wheat Ridge, CO 80033 4385 Newland St. Wheat Ridge, CO 80033 4395 Newland St. Wheat Ridge, CO 80033 4390 Newland St. Wheat Ridge, CO 80033 4380 Newland St. Wheat Ridge, CO 80033 4370 Newland St. Wheat Ridge, CO 80033 4340 Newland St. Wheat Ridge, CO 80033 4330 Newland St. Wheat Ridge, CO 80033 4320 Newland St. . Wheat Ridge, CO 80033 4300 Newland St. Wheat Ridge, CO. 80033 4311 Marshall St. Wheat Ridge, CO 80033 4331 Marshall St. Wheat Ridge, CO 80033 4341 Marshall St. Wheat Ridge, CO 80033 4351 Marshall St. Wheat Ridge, CO 80033 4365 Marshall St. Wheat Ridge, CO 8.0033 r. 0 4375 Marshall St. Wheat Ridge, CO 80033 4380 Marshall St. Wheat Ridge, CO 80033 4360 Marshall St. Wheat Ridge, CO 80033 4350 Marshall St. Wheat Ridge, CO 80033 4340 Marshall St. Wheat Ridge, CO 80033 4320 Marshall St. Wheat Ridge, CO 80033 4310 Marshall St. Wheat Ridge, CO 80033 6790 W. 44th Ave. Wheat Ridge, CO 80033 6700 W. 44th Ave. Wheat Ridge, CO 80033 6690 W. 44th Ave. Wheat Ridge, CO 80033 6690 W. 44th Ave. Wheat Ridge, CO 80033 6650 W. 44th Ave. Wheat Ridge, CO 80033 6556 W. 44th Ave. Wheat Ridge, CO 80033 6500 W. 44th Ave. Wheat Ridge, CO 80033 6815 Pierce St. Wheat Ridge, CO 80033 r. ~ 6800N. 44th Ave. Wheat Ridge, CO 80033 6890 W. 44th Ave. Wheat Ridge, CO 80033 m O Ca W W LL l: C: W Q O U W N N F R O 2 :o N N W K O Q 0 Z W N 0 2 Q J F u 0 0 ro Z O I- 1O Y U~ m C W~ W O w d o J6 LO a Y q W O ► o f w o Q e J YV Z Y W N ~ y IIOC O o D: i d a z i 0] L ce ti u.. . w..oi e Y C w O dY Y- N T NO Nn 7 ~ L Y ; D~ dY L wf J -1 G o i~ W U w O LL y O ~ W O w O 0 m U N Op r Z S <P PH Oa O N u d: O P O - ~a p U M J= S a dm 3a w< N O a 6 4 m ~o 1pJ~ E'ym~ ~~Ua o~ Bo 6 0m zQ ZN ~J Lm w .959 3 O pc b o f P P V Yl O O ~O ~v5 oi< Ho - U ~.L cu u aY C u w w dd 7 N 0 (a c .0 m ''°-'Yacrn ~m m LL N ~ ~ N F. m 7 C c 3E o C Amy mn a) m U mom. m C i U d 0) -0 U4 CD r,,>M L Lm L - O C 3: mm p (I - 0) Eo v$~ -0 0 c i+,pY m d d Dl U.C mc E ~ m E v a3 m c m E 0 U U N p y m m E~vam Q`o m m a N a>on,~ v$ m Eon=o e a Fam O c cm omrn E - Z`m 0 O o'O Fo _ C« 1 10 N S U7 G \ G V7 ti -4 o~ O a J J 0 G N J O U I W wl y ~ - W ~ i F- z Q (n v U ' O ' U I W o 6 o U G ro .--i N Z O o 4- 4- W E J -D N _ 0) LL d W 45 ? ~ I 3 Ln ~ W _ ~ 0`Z ~ w p V H J p ¢ o O cr G C 9 Z O C 3 o N Z W W o Vo y O E G N- o p y Ql v y Z d W W L?l at N Q \'1 U. 4 o m D M rt O O _ 000 O O V V N c Ot L O ro qT c O1 >Q a Y nt LO v~ ~ LO - z O I O I = 3 Y = U \ I _ O O r- Z I - m O I = 4- Z I = = O Q I - = - 1 - ' Y U I J N - Z I N A I = - 10 G O S t _ _ - M 1 ~ = Y ~ I - = N W I = 1 N ~ I ==w - o I - _ Z I = N O S t Y rt3 L O I - O o = - O - I U I - - = N E I ^ - I _ - o T I - O Y i - N l0 C I - = L l0 ~ - S r v I _ - d4- U 4- Y ~ - I r : N N C _ I ~ ? rJ N O 1 = j N I c - al a: 1 i ~4- - Y 4- I J - 7 o - - O - I I - C~ Y C - - I 5 1 - 4-- N - I 00 > I - = Ln "D O r = ltl 1] O 'u _ ti O w o - 41 o a s' O zo n> F O M Cl) C> O co (D U N Q1 ro N t 3 Q Y Y o U c4 - s O N ci J_ - G _ G 7 .25 o ' 0 3 - - L v V y Y S C L_ r ~ 7_ N v t t ~ c O t = c _ v s a N `o C) V ' v . Z w v c E.. " c v c v o ~ E n s u C ` C v Y c J -c; 9 y t v L661~cl°r 4 - L _ c Z = 04 ^ z _ > o _ 4 r _ c - E G c 3 3 s y ~ c _ c 7 c y ^JI J H L f- i N i v Y Ul J i v r E Z ¢ 3. n T z ' f' Y _ a ^ m ~ T rn ~ . rn Ol ti i Q Q 4- O L rt Q ~ Q t Y w ~ N N E O L Y O O7 4- O O L - C; 4- o v O `o O T U c O U F F N 9 a v. a J 3 X 3 .5 G P Z The City of GWhe at ADMINISTRATIVE PROCESS APPLICATION Rid Department of Planning and Development ga 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant &.A4_4 &Z41A.4 Address Phone $3/8305 ceroat* Owner Address Phone Location of request Io SS/ u/ 7 Type of action requested (check one or more of the actions listed below which pertain to your request.) hange 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 H Preliminary Miscellaneous plat Final Solid waste landfill/ ❑ See attached procedural guide mineral extraction permit for specific requirements. ❑ Other Detailed Description of request /-eL- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE O d h~~ 8 Gv' Paai .36 3 i / SS/ G / S~ ~L e G~ dBCt~ f' G S 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 rom the owner which approved of this action on hi e al£..,'_ Signature of Applicant 11~~11 lop CX, Subscribed and sworn to me this o~6 d f 19 ~i i4 Nokary Public SEAL My commission expires 2 -/f--q;7 Date Received Receipt No. 5 Case No. WZ 97 D r+ 6 m o m 7110 it w fi It a. a z r d u N .N a -O M O 10 :31 row fi It z w w n z ~w aW J uw a W no w Q' QI H .a r0 d' Q O w m 2 a Z u N i O h > wz H w ~ cr w o G ~Q oQ 00 Qo -0 r o Q~ ~ ww 30 OQ o z= Z < 3 mm r m LL ¢ m nilo NO .1 10 0 O z w d W W (l w ~Iw o RYI` U h i w C7 o w z °m w U Q Q O = m w N O U w 3 O o Q U a " *Q w ~ w ~ .t ~ LL > tll G ¢a o O i > N Ix Q J M 4 O O H O Q 0 z Q. w 7 LL 1 } ti- x w w CS z S O !L * * * L M M w0 >o ¢w 2 0 V 1- V J dt < ~t w w 0 fL I-d M N U] W ft - 3 } 1- CS H Q z LOw 0 S w d 3 J w ~=w Q C d ~00 U CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT DEPARTMENT INVOICE NAME je- ' C IG DATE: 3-C-6 CASE NO. W Z - 7 - d_ FEE TYPE FEE CHARGE ACCOUNT NUMBER Application Submittal See Fee Schedule p 01-550-01-551 Publications/Notices See Fee Schedule 01-550-02-551 24" x 36" Blue Line $ 3.25 01-550-04-551 24" x 36" Mylar Copy $ 6.00 01-550-0,1 ` Single Zoning Map $ 2.00 Set of Zoning Maps $20.00 11" x 17" Color Map $ 2.00 Comp. Plan Maps $ 2.00 CITY OF WEAT RIDGE 07126.198 11:4" AM cdb Comp. Plan Bookw/Map $10.00 Randy's Realty Ent. Fruitdale Valley Master Plan $ 2.50 RECEIPT NO.C005056 AMOUN Subdivision Regulations $ 4.50 FMSU ZONING APPLICATION F 200.0 FNSD ZONING REIMBURSEMENT 285.0 Zoning Ordinance $15.00 (does not include annual updates) FAiMENT RECENED ANOUN CK 1012 200.0 Copies $.15/page CK 1014 285.0 TOTAL. 485.0 Copy of Meeting Tapes $25.00/tape Miscellaneous: u t-Dw-u4-D.y 1 TOTAL COST: f )