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Home My WebLink AboutWZ-00-1144TH AVENUE BUSINESS PARK PLANNED COMMERCIAL DEVELOPMENT A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO A PARCEL OF LAND IN THE NW 1/4 OF SECTION 22 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 ST DESCRIPTION OF PRQJECT-. 44TH AVENUE BUSINESS PARK PLANNED COMMERCIAL DEVELOPMENT O F PER MITTE D (A) PERMITTED- PRINCIPAL USES: NO BUILDING OR LAND SHALL BE USED AND NO BUILDING SHALL B E EXCE OR STRUCTURALLY ALTERED UNLESS OTHERWISE PROVIDED HEREIN •' ON OR MORE OF • • (1) SOUND SYSTEM SHOPS. (2) RESEARCH CLINIC AND LABORATORIES. (3) OFFICES AUXILIARY TO A SERVICE PROVIDED NO MORE THAN 25% OF THE INDIVIDUAL SPACE IS DEVOTED TO THE OFFICE USE. (4) ONE DELICATESSEN OR ICE CREAM SHOP LIMITED TO SEATING FOR NO MORE THAN 10. (5) PRIVATE VOCATIONAL TRAINING FACILITY. (6) BLUEPRINTING, PHOTOSTATIC COPYING, AND OTHER SIMILAR REPRODUCTION SERVICES; HOWEVER, NOT INCLUDING LARGE PRINTING, PUBLISHING AND /OR BOOK BINDING ESTABLISHMENTS. NO TOXIC PAINTS. (7) EXTERMINATORS (8) INTERIOR DECORATING SHOPS INCLUDING PAINT AND WALLPAPER SALES. (9) LAUNDRIES AND DRY — CLEANING SHOPS ON THE WEST SIDE ONLY. (10) LOCK SMITH SHOPS. (11) SHOE REPAIR SHOPS AND SALES. (12) STUDIO FOR PROFESSIONAL WORK OR TEACHING OF FINE ARTS, PHOTOGRAPHY, MUSIC, DRAMA OR DANCE. (13) TAILORING, DRESSMAKING AND CLOTHING ALTERATION SHOPS. (14) UPHOLSTERY AND FURNITURE REPAIR SHOPS. (15) WATCH, CLOCK AND CAMERA SALES AND REPAIR SHOPS. (16) UNIFORMS AND SPECIALTY CLOTHING SALES. (17) APPLIANCE SERVICE AND REPAIR. (18) ART STUDIOS. (19) SPECIALTY AUTOMOTIVE PARTS SALES. (20) BAKERIES, RETAIL. (21) S (22) ACCESSORY STORES (INCLUDING REPAIR AND (22) BOOK STORES AND BINDING REPAIR SERVICES. (23) BUTCHER SHOPS AND FOOD LOCKERS. (24) BUSINESS MACHINE OR COMPUTER SERVICE AND REPAIR. (25) CAMERA AND PHOTOGRAPHIC SUPPLY, SERVICE AND PROCESSING. (26) CANDY, NUT AND CONFECTIONERY STORES. (27) CATERER. (28) DAIRY PRODUCTS STORES. (29) HEALTH AND HANDICAPPED EQUIPMENT SALES, RENTAL AND SERVICING. (30) ELECTRICAL AND SUPPLIES AND SERVICE, BUT NOT INCLUDING CONTRACTOR'S STORAGE YARDS. (31) FLORAL SHOPS. (32) SPECIALTY FURNITURE STORES. (33) TROPHY AND NOVELTY STORES. (34) SPECIALTY HOME FURNISHING AND IMPROVEMENT SALES AND SERVICE. (35) MUSICAL INSTRUMENT REPAIR AND SALES. (36) PET SUPPLY STORE. (37) PICTURE FRAME SHOP. (38) PLUMBING AND HEATING SUPPLY STORES AND SHOPS, BUT NOT INCLUDING CONTRACTOR'S STORAGE YARDS. (39) SPECIALTY SPORTING GOODS STORES. (40) MOBILE PHONE AND TWO WAY RADIO STORES. (41) PACKAGING AND MAILING STORES. (42) PROVISIONS OF 26 T 25 I(IV)NANDC�6D25C(IV) W (C) THE WHEAT RIDGE CODE OF LAWS. (43) SPECIAL USES: THE FOLLOWING USES SHALL BE PERMITTED ONLY UPON APPROVAL OF THE WHEAT RIDGE PLANNING COMMISSION AND CITY COUNCIL, FOLLOWING PROCEDURES AS SET FORTH IN SECTION 26 -6(B): (2) A BUILDING CONTRACTOR'S SERVICE SHOP INCIDENTAL TO OFFICE OR SHOWROOM PRINCIPAL USES. THIS WOULD INCLUDE CARPENTERS, PAINTERS, ROOFERS, ELECTRICIANS, PLUMBERS, HEATING AND AIR CONDITIONING CONTRACTORS, AND SIMILAR USES WHICH DO NOT USE HEAVY EQUIPMENT IN THE BUSINESS, BUT, HOWEVER, DO HAVE VEHICLES, TOOLS, MACHINERY AND SUPPLIES USED IN THE BUSINESS STORED UPON THE PREMISES INSIDE AND WHERE SOME CUSTOMER WORK MAY OCCUR UPON THE PREMISES. ADDITIONALLY, FOR USES WHICH INVOLVE CUSTOMER WORK, AND /OR FABRICATION UPON THE PREMISES. s r • • r • • • • • f r . - � A . - r• �- , • LEGAL QESQRIPTION: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: LOT 1, 44TH AVENUE BUSINESS PARK MINOR SUBDIVISION. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO. OWNER CERTIFICATION THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS 1 =- 1000 CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS FIRST AMENDED FINAL DEVELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROVISIONS OF SECTION- 26- -6(G) OF THE CODE OF LAWS. SIGNATURE OF OWNER(S) OR AGENT(S): NOTARY PUBLIC SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 2001. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY SEAL , • r r •� PLANNING COMMISSION CERTIFICATION APPRO DA ', 'LANNING COMMISSIO CONDITION No. 3 STOCKING OF ITEMS INTENDED FOR USE OR SALE CHAIRMAN UPON THE PREMISES IS PERMITTED; HOWEVER, WAREHOUSING IS PROHIBITED. PLANNING AND DEVELOPMENT DIRECTOR CONDITION No. 4 WHOLESALE SALES OF ANY ITEM OFFERED AT RETAIL ON THE PREMISES, WHERE WHOLESALE IS ANCILLARY TO THE PRIMARY RETAIL USE IS PERMITTED. NOTES: 1. MAXIMUM FLOOR AREA RATIO- 2.70:1 (37%) 2. MAXIMUM BUILDING HEIGHT 22 FEET 3. MINIMUM LANDSCAPE COVERAGE NOT LESS THAN 16.44% 4. MINIMUM PERIMETER SETBACKS F RIGHT- 30 FEE CO MPLETELY LANDSCAPED EXCEPT FOR DRIVES. 5. NO PART OF THIS PROPERTY LIES WITHIN THE ii YEAR FL PL A IN. 6. PRESENT ZONING: R-2 .. PROPOSED ZONING: PCD I 7. EACH LEASABLE SPACE SHALL HAVE A MINIMUM OF 75% OF SPACE AS WORK SHOP /WORK AREA. IN NO CASE SHALL ANY INDIVIDUAL LEASABLE SPACE EXCEED 25% OF AREA AS RETAIL, OFFICE OR ANY COMBINATION OF SAME. 8. NO MORE THAN 25% OF THE GLASS FRONTAGE MAY BE COVERED BY ADDITIONAL SIGNAGE. IF THE OVERHEAD DOORS ARE REPLACED WITH GLASS, NO SIGNAGE WILL ALLOWED ON THESE GLASS AREAS. 9. ALL ROOFTOP MECHANICAL EQUIPMENT BE SCREENED FROM VIEW. 10. ALL PLANTED MATERIALS TO BE SERVICED BY A FULLY AUTOMATIC IRRIGATION SYSTEM. 11. AT THE DISCRETION OF THE DEVELOPER AND CITY, THE CEDAR FENCE ON THE WEST SIDE OF SAID DEVELOPMENT COULD BE REMOVED WHEN COMMERCIAL DEVELOPMENT OCCURS TO THE WEST AND THE SINGLE FAMILY HOME HAS BEEN REMOVED. 12. AT SUCH TIME THAT LOT 2 OF 44TH AVENUE BUSINESS PARK DEVELOPS, THE PARKING AND DRIVES MAY BE REDESIGNED TO ACCOMMODATE USE OF THE ACCESS EASEMENT. CITY COUNCIL CERTIFICATION APPRO 'VED THIS DAY OF WHEAT RIDGE CITY COUNCIL. CITY CLERK COUNT� CLERK AND RECORDERS CERTIFICATE 2001 BY THE 2001 BY THE C THIS DDCUMENT ACCEPTED FOR OFFICE O • RK AND RECORDER • COUNTY • r C OLORADO , • DAY • F A.D 200 !N THE B RECEPTION JEFFERSON COUNTY CLERK AND RECORDER b REVISED: JANUARY 8, 2001 REVISED: AUGUST 17, 2000 REVISED: MARCH 7, 2000 PREPARED BY: LANE ENGINEERING SERVICE, INC. REVISED: DECEMBER 13, 1999 lk 9500 WEST 14TH AVENUE, LAKEWOOD, CO 80215 PREPARED: OCTOBER, 1999 TEL: (303) 233- -4042 FAX: (303) 233 -0796 PROJECT: F48 -30 VICINITY MAP XISTING 6' CHAIN LINK FENCE TO REMAIN 10' UTILITY EASEMENT S 89*51'01 "W 220.00' *n6 - • • ♦ ♦ • ♦ ^ SEE NOTE 12 • -7 GRANITE 0 $ 3 30 ...... c* ASPHALT DRIVE, 0 • • . . .. z o " uj I . FEN 1620 SQ. FT. < 1620 SQ. FT. . . . .6' CEDAR FEN • • • 21 SQ. FT. 21 SQ. FT. ♦ I . J - . • UNI UOMBUSTIB . . . . . 3 . . . . . . . . . . FENCE 1620 SQ. FT. 1620 SQ. FT. F] . SURE_ KA H.ENCLO TW SIDES ♦ ♦ TRAS+ w RASH ♦ • • 21 60 Q. FT. 2160 SQ. FT. NON, COMBUSTIBLE. .6. 'FENCE • TRASH ENCLOSURE - ONE T , R O B UDDING LANDAPE- 8 8 . • 10 x Q . 6 _7 cr) HED GRANIT Lo 6 LANDSCAPE'. • CR _ - 1620 S. FT. 1620 SQ. FT. USH • GRAN-IT • J 5" LANDSCAPE 5" LAN DSCAPE' 1.1 0 . . . CRUSHE' —_ -r— 0 CRUSHED. GRANIfEj ♦ • • • GRANITE . 21 60 SQ. FT. 2160 SQ. F7* • ♦ • • 1620 SQ. FT. 1620 SQ. FT. ♦ -6" CEDAR FENC ♦ S EIBAC K- -CEDAR 'FENCE IBAC K k ♦ ASPHALT- DRIVE e.. I ASPHALT" DRIVE • 21 SQ. FT. ♦ 21 SQ. FT. ♦ • 0 0 0 9 'r 0 so *vow 25.0' * ***** • ♦ %% v * * * * • .... • -GR* • a e • + RAS.S. * * ♦ * o • • 4, 4, a m a a �, .... ♦ • 0 * . ♦ 0 * • ♦ ♦ • $I iGM-:MOWME + + .� + e • ♦ � 8 ♦ �L_ A- t— 'E .......... ♦ P • ` . �� M - ` * ♦ • • ♦ • ! • m • • • ♦ • • CL mom t Al • 1 0' UTILITY EASEMENT/ W I TING 6' SIDEWALK 5 SIDEWALK IGNAGE EASEMENT—J W E'o�s T 44TH AVEN U E S PLAN, SCALE 1 ° = 30' 40. 1 NOMAM gay #i�� .��' . 'DOG-EARREDCEDAR SLATS r I f Ah� CEDAR FENCE A�— IV f r ;� � � t � al MN*WWNWA* S IGN MONUMENT..., scmx: 1/810 w V-08 I SIGN PLAN LETTERING TO BE LEXAN PLASTIC SIGN CONSTRUCTION TO BE MASONRI' AND STUCCO 0 TOTAL LOT AREA 82,562 SF 100.00 % BUILDING 30)31 SF 36.71 % PARKING & DRIVES 38)685 SF 4-6.85 % LANDSCAPE 13,565 SF 16.44 % NOTE: ALL GRASS AREAS TO BE SERVICED BY A FULLY AUTOMATIC IRRIGATION SYSTEM. 69 STANDARD SPACES 1 2. LIGHTS 1 ,3 & 6 WILL BE MERCURY 3 HANDICAP VqpOR 72 TOTAL MOUNTED AT GROUND LEVEL. GROUND MOUNTED LIGHT DETAIL 30"s.00 'm AM — mmommom Ile F*O"OP UNCrS M P ) SMINAGE OVER . �.. :.. .. � ++ .ate♦ . � a 0" OR I IN MNDOW "'A r--Ii A.11_-r_�� 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 103/235-2846 Ridge FAX 303/235 -2857 December 19, 2000 Tony Ficco Legend Properties 3650 Vance Street, 91 Wheat Ridge, CO 80033 Dear Mr. Ficco: At its meeting of December 11, 2000, the City Council approved your request for a rezoning from Residential -Two and Restricted - Commercial to Planned Commercial Development and approval of a combined outline and Final Development Plan for property located at 9751 West 44" Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado, with the following conditions: -- 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44' Avenue frontage. - - 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops commercially _ 4. An additional handicapped parking space be provided. `5. A sidewalk and signage easement be provided for maintenance of public improvements by the City. ` 6. At the discretion of the developer and City, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. " 7. The wording be changed on numbers (11) and (35) of the plan to include the words "and sales ". Plus an amendment to change the plat to read "All planted materials to be serviced by a fully automatic irrigation system ". Enclosed is a copy of the ordinance and minutes stating the Council's decision which will become effective 15 days after final publication. Please feel free to contact me at (303) 235 -2846 if you have any questions. Sincerely, nce �athy K Planning Secretary Enclosures: Copy of Ordinance Draft of Minutes INTRODUCED BY COUNCIL MEMBER EkNLEY Council Bill No. 12— Ordinance No. 1? „ , Series of 2000 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL -TWO AND RESTRICTED- COMMERCIAL TO PLANNED COMMERCIAL DEVELOPMENT AND APPROVAL OF A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 9751 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 Tony Ficco for Legend Properties, LLC, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ -00 -11 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 the Residential -Two and Restricted - Commercial zone district and to include in the Planned Commercial Development zone district the following described land: Lot 1, 44' Avenue Business Park Minor Subdivision as recorded on March 30, 2000 in Plat Book 100 at Page 163, County of Jefferson, State of Colorado. Section 2. Conditions. Development and use of the property shall be in accordance with the recorded combined outline and final development plan. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(G)of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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, such judgment shall not affect application to other persons or circumstances. Section 6. 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. SectionT This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this ?7r, day of n ,,-, h ,, , 2000, 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 November 13 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 11th day of December 2000. SIGNED by the Mayor on this 13 a llay of CERVENY, MAYOR ATTEST: Wanda Sang, City k 1stPublication: October 27, 2000 2nd Publication: December 22, 2000 Wheat Ridge Transcript Effective Date: January 6, 2001 CITY COUNCIL MINUTES: DECEMBER 11, 2000 Page - 2 - APPROVAL OF AGENDA Motion by Mr. DiTullio to add an Agenda Item 6.A. Appointment to the Animal Control Commission from District III, seconded by Mrs. Shaver; carried 7 -1 with Ms. Figlus voting no. Motion by Mr. DiTullio to add an Agenda Item 6. B. Bid Award for Moving Company for Court Remodel; seconded by Mr. Siler, carried 8 -0. PUBLIC HEARING AND ORDINANCES ON SECOND READING Item 1. Council Bill 33 - An ordinance providing for the approval of a rezoning from Residential -Three and Commercial -One to a planned residential development and approval of an outline and combined preliminary and final development plan for property located at 4445 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Vince Hopkins - Case no. WZ- 00 -06) (To be continued to January 8, 2001) Motion by Mr. DiTullio to continue Council Bill 33 to January 8, 2001, seconded by Mrs. Worth, carried 8 -0. Item 2. Council Bill 32 - An ordinance providing for the approval of rezoning from Residential -Two and Restricted - Commercial to Planned Commercial Development and approval of a combined outline and Final Development Plan for property located at 9751 West 44" Ave., City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 00 -11) (Tony Ficco for Legend Properties, LLC). Council Bill 32 was introduced on second reading by Mr. Hanley, who also read the title and summary; Clerk assigned Ordinance No. 1211. Tony Ficco, applicant, was sworn in by the Mayor; asked that Council approve his plan; he has held a neighborhood meeting and nobody had any objections to the proposal. He pointed out that an Item (42) had been added to the plan -any similar use that is in accordance with the provisions of 26 -25 (IV) and 26 -25 (IV) (C) of the Wheat Ridge Code of Laws -; he also stated that all of the landscaping will be irrigated. The kind of tenants he has in mind are Specialty Shops or small repair facilities. CITY COUNCIL MINUTES: DECEMBER 11, 2000 Page - 3 - Meredith Reckert, Wheat Ridge Planning staff. was sworn in by the Mayor and presented the staff report. Motion by Mr. Hanley for approval of Council Bill 32 (Ordinance 1211) for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development plan have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44" Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops commercially. 4. An additional handicapped parking space be provided. 5. A sidewalk, and signage easement be provided for maintenance of public improvements by the City. 6. At the discretion of the developer and City, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. 7. The wording be changed on numbers (11) and (35) of the plan to include the words "and sales "; seconded by Ms. Figlus. Motion by Mr. Edwards for an amendment to change the plat to read "All planted materials to be serviced by a fully automatic irrigation system ". seconded by Mr. DiTullio, carried 8 -0. Motion by Mrs. Shaver for an amendment to add a note "No overnight parking of trucks, tractors, or trailers "; seconded by Mrs. Worth. failed 2 -6 with Mrs. Shaver and Mrs. Worth voting yes. Original Motion as amended carried 8 -0. Item 3. Council Bill 34 - An Ordinance amending Chapter 5 of the Wheat Ridge Code of Laws by adding Section 5 -83 to provide violation penalties for previously adopted technical codes. Council Bill 34 was introduced on second reading by Mr. Siler, title and summary read by the Clerk; Ordinance No. 1212 assigned. City of Wheat Ridge Planning and Development Department Memorandum TO: ,,/Ci✓ty Council FROM: `YMeredith Reckert SUBJECT: Case No. WZ -99 -15 DATE: December 11, 2000 The following is a list of uses included in the planned development outline plan for case No. WZ -99 -15 reviewed by City Council on March 27, 2000. This list of uses has been modified for Case No. WZ- 00 -11. Redundant uses and uses which would not work with the limited parking were eliminated. Where possible, similar uses were consolidated into a single category. Staff believes that the list of uses shown on the current development plan will better meet the needs of the applicant and his desired tenants. • Sound system shops • Loan and finance offices • Commercial machine shops • Churches, libraries, parks, museums, aquariums and art galleries • Government or quasi - government buildings and offices of public adulated building were outside storage, operation or repair facilities are not planned • Indoor flea markets • Liquor stores • medical and dental offices, clinic of laboratories • Office; general business and profession offices • one restaurant, ice cream sales • schools, public parochial and private.... Service establishments as listed below • blueprinting, photostatic copying... • equipment rental agencies, no outside storage • exterminators • hair, nail and cosmetic services • interior decorating shops • laundries and dry - cleaning saps • locksmith shops • shoe repair shops • studios for professional work.... • tailoring, dressmaking, and clothing alteration shops • upholstery shops • watch and jewelry repair shops • small animal vet hospitals and clinics with no outside runs Stores for retail trade listed below • antique stores • apparel and accessory stores • appliance stores and incidental service and repair • art galleries or studios • automotive parts and supplies sales • bakeries, retail • bicycle stores • book stores and newsstands • butcher shops and food lockers • business machine or computer stores • camera and photographic service and supply stores • candy, nut and confectionery stores • caterers • dairy products stores • one delicatessen • variety stores • drug stores • electrical supplies and service • floral shops • furniture stores • garden supplies stores • gift, novelty or souvenir stores • hardware supplies • hobby and craft stores • home furnishing stores • home improvements supply stores • jewelry stores • leather goods and luggage stores • linen supply • music stores • office supply stores • optical stores • paint and wallpaper stores • pet supply stores • picture frame shops • plumbing and heating supply stores and shops • shoe stores • sporting goods stores • stationary stores • television, radio, small appliance repair and service shops • tobacco stores • toy stores • video rentals • any similar use which in the opinion of the zoning administrator or, upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact wit other uses in this planned commercial development and would be consistent with the intent of the PCD Special Uses • auction houses • building contractor's service shop � A COMBINED • 44TH AVENUE BUSINESS PARK PLANNED COMMERCIAL DEVELOPMENT OUTLINE AND FINAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO A PARCEL OF LAND IN THE NW 1/4 OF SECTION 22 TOWNSHIP 3 SOUTH, RANGE E9 WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 AUCTION HOUSES. 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R . � » flill rn WHEg OE U O REQUEST FOR COUNCIL ACTION ��G ORP X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING BIDSIMOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi - Judicial: X Yes No SUBJECT: Case No. WZ- 00 -11, an application by Tony Ficco for Legend Properties, LLC for approval of a rezoning from Residential -Two and Restricted - Commercial to a Planned Commercial Development and for approval of a combined outline and final development plan for property located at 9751 W. 44' Avenue. SUMMARY AND BACKGROUND: At the September 21, 2000 Planning Commission public hearing, the Commission recommended approval of the rezoning with conditions. The purpose of the rezoning is to allow a retail and service center to be built. There were seven conditions of approval which have been incorporated into the motion below. The applicant has agreed to these conditions. CC staff report PC minutes PC staff report with exhibits Proposed outline and final development plan STAFF RECOMMENDATION: Approval Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A ORIGINATED BY: Alan White, Director of Planning and Development STAFF RESPONSIBLE: Meredith Reckert, Senior Planner SUGGESTED MOTION: "I move for approval of Council Bill 32, a request by Tony Ficco for Legend Properties, LLC for approval of a rezoning from Residential -Two and Restricted - Commercial to a Planned Commercial Development and for approval of a combined outline and final development plan for the purpose of building a retail and service center on property located at 9751 W. 44 Avenue, for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development plan have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44' Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops commercially. 4. An additional handicapped parking space be provided. 5. A sidewalk, and signage easement be provided for maintenance of public improvements by the city. 6. At the discretion of the developer and city, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. 7. The wording be changed on numbers (11) and (35) of the plan to include the words "and sales "." EARmkert \wz0011 ccact2.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: Dec. 11, 2000 DATE PREPARED: Nov. 27, 2000 CASE NO. & NAME: WZ- 00- 11/Legend Properties CASE MANAGER: t �. Reckert ACTION REQUESTED: Rezone from Residential -Two and Restricted - Commercial to Planned Commercial Development and an outline and final development plan LOCATION OF REQUEST: 9751 West 44 " Avenue NAME & ADDRESS OF APPLICANT(S): Legend Properties 3650 Vance Street, #1 Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: same 1.89 acres R- 2(northern 1.10 acres) and R -C (southern .79 acres) vacant N: R -2, S: C -1, E: C -1, R -3, A -1, W: R -2 SURROUNDING LAND USE: N: Pennington Elem., S: Commercial, residential; E: Commercial, residential, W: Commercial, Residential COMPREHENSIVE PLAN FOR THE AREA: Village Center and Single Family (not to exceed 6 du's per acre) DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: October 27, 2000 October 30, 2000 November 27, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS Q OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a zone change from Residential -Two and Restricted- Commercial to Planned Commercial Development and for approval of a combined outline and final development plan. This property was subject to a request for zone change from R -2 and R -C to Planned Commercial Development pursuant to Case No. WZ- 99 -15. . City Council reviewed this case at a public hearing held on March 27, 2000. The request was approved as modified during the public hearing, however, the mayor did not sign the ordinance, therefore, the zone change never took affect. See attached Exhibits `C' and `D' of the Planning Commission report which are minutes from that meeting and a memo from the Mayor dated April 1, 2000. Pursuant to Section 26 -6 (17)(5) of the Wheat Ridge Code of Laws, "No application shall be submitted to or accepted by the planning commission, board of adjustment or city council .... if any previous application for the same or substantially similar request for the same property or portion of property has been denied during the previous twelve months." Staff, in consultation with the city attorney, has determined that because WZ -99 -15 was not denied but the approved rezoning ordinance never became effective, the current application is valid. Similar uses were a topic of discussion with the previous application. In response, the City adopted Ordinance No. 1200 which became effective on July 10, 2000, establishes a formalized process for the determination of similar uses in a planned development. See attached Exhibit `E' of the Planning Commission report. The proposed plan has the same basic physical layout as the plan presented in Case No. WZ- 99 -15, but with modified permitted land uses and the similar use provision required for planned developments. The development plan allows for a 30,000 square foot building (36.71% coverage) with 46.85 % coverage in parking and drives and 16.44% landscaped coverage. Access to the property is by way of two curb cuts on 44 Avenue with a drive around the building. The R -1 school district has requested the 6' high fence along the common property line (north side) to be chainlink, not solid. A solid, C high cedar fence is proposed along the eastern property line. This may have to be modified based on the location of the existing building to the east. Architectural materials for the building include concrete block with stucco and block bands as accents. The building will not exceed 22' in height. The proposed plan allows for uses not exceeding a total of 25% office space or retail /showroom and 75% warehouse or work space. No single tenant could have more than 25% of his lease space devoted to office or showroom space. The parking provided meets this land use break -down by applying the parking ratios appropriate for those general categories of use. The previous submittal listed permitted uses which were potentially high traffic generators and would end up exceeding the allocated parking (a liquor store or a sit - down restaurant, for example). Staff and the applicant have refined the list of allowed uses on the property to more appropriately target small service providers and limited or specialized retail sales. All of the uses which would potentially exceed the allocated parking were eliminated. Those uses eliminated include indoor flea markets, medical offices, liquor stores, clothing stores, drug stores and hobby stores. A cross - access area is shown at the very northwestern comer of the property. If and when the property to the west develops, a similar easement will be established allowing vehicular movement between the two properties by an alley -type arrangement. This will reduce the number of trips on 44' Avenue. Staff would recommend a note be added to the development plan indicating that the existing parking layout where this cross - access occurs may have to be somewhat designed to ensure a safe, efficient design. Staff concludes that the requirements for a combined outline and final development plan have been met. II. AGENCY REFERRALS All agencies can serve the property with improvements installed at the developer's expense. III. EVALUATION CRITERIA The criteria used to evaluate a zone change request are as follows: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. 3. In addition to #2, that the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 10. 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. City Council WZ -99 -15 /legend Properties IV. PLANNING COMMISSION ACTION A Planning Commission public hearing was held regarding this case on September 21, 2000. A recommendation of Approval was given for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development plan have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44t Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops commercially. 4. An additional handicapped parking space be provided. 5. A sidewalk, and signage easement be provided for maintenance of public improvement by the city 6. At the discretion of the developer and city, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. 7. The wording be changed on numbers (11) and (35) of the plan to include the words "and sales ". The applicant has agreed to all conditions of approval. The appropriate changes will be made to the plan mylars prior to recording. City Council Page 4 WZ -99 -15 /legend Properties Commissioners MacDOUGALL and THOMPSON abstaining and Commissioner GOKEY absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. WZ- 00 -11 An application by Tony Ficco for Legend properties, LLC, for approval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center. Said property is located at 9751 West 44th Avenue. This case was presented by Meredith Reckert. She distributed copies of two letters to members of the Commission. The first letter from Connie Nelson of 4281 Jellison, indicated objection to the application. The second letter from James and Nell Cluck of 9890 West 44th Avenue, indicated support of the application. The letters were entered into the record and made a part of the case file. She reviewed the staff report, presented slides and overheads of the subject property. All pertinent documents were entered into the record and she advised the Commission they had jurisdiction to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. Commissioner THOMPSON referred to the fence on the west side of the property. Could Mr. Ficco remove the fence at his discretion? Meredith said a note could be added that would allow him to remove the fence should the adjacent residential property to the west develop into commercial uses. Commissioner SNOW expressed concern about limiting retail space to 25 %. Alan White explained the purpose for limiting the retail space related to concern about traffic generation and parking. Commissioner THOMPSON suggested a formula which would require a certain percentage of parking spaces if more than one modular unit in the development is combined to make larger units. Tony Ficco 12425 West 38th Avenue Mr. Ficco, the applicant, was sworn in by Chair MacDOUGALL. He stated that his proposed development would be for a retail service center rather than for high level retail use. He has worked with city staff to streamline the uses since the last time this case was considered before City Council. He indicated that he would be in favor of adding a note to the plan which would allow removal of the fence on the western edge of the property should the adjacent property develop commercially. Planning Commission Page 2 September 21, 2000 Commissioner SNOW asked Mr. Ficco how he felt about the 25% retail space limitation. He stated that, while he would prefer to have more retail if the parking limitations could be met, he was comfortable with the present requirements of 25% retail space. It was moved by Commissioner THOMPSON and seconded by Commissioner COLLINS that Case No. WZ- 00 -11, a request for a zone change from Residential -Two and Restricted - Commercial to Planned Commercial Development and for approval of a combined outline and final development plan on property located at 9751 West 44th Avenue, be recommended for APPROVAL for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on'the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44th Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement wlien the property to the west redevelops commercially. 4. An additional handicapped parking space be provided. 5. A sidewalk and signage easement be provided for maintenance of public improvements by the city. 6. At the discretion of the developer and city, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. Commissioner SNOW offered a friendly amendment to include an additional condition that wording be changed on numbers (11) and (35) of the plan to include the words "and sales ". The amendment was accepted by Commissioners THOMPSON and COLLINS. In response to a question from Commissioner DOYLE, Alan White stated that this development would be affected by the recently imposed building permit moratorium. Commissioner DOYLE then offered an amendment that the condition requiring all rooftop mechanical equipment to be screened from view would not be enforced until the City of Wheat Ridge has screened mechanical equipment on its recently constructed recreation center building. This amendment was not accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to change items (3) and (7) on the plan to change the ratio to allow 30% space for office /retail. Planning Commission Page 3 September 2 l, 2000 Commissioner McNAMEE questioned whether the proposed ratio would affect the required number of parking spaces. Chair MacDOUGALL declared a brief recess at 8:50 p.m. to allow staff to recalculate parking requirements. The meeting was reconvened at 9:05 p.m. Commissioner SNOW asked if there would be sufficient parking with the 70 -30% ratio. Meredith Reckert replied that there would not be sufficient parking. Commissioner SNOW then withdrew her amendment. A vote was taken on the motion. It passed by a vote of 7 -0 with Commissioner GOKEY absent. B. Case No. Z6A- 00 -10 An ordinance amending Section 26 -30(T) of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service (CMRS) facilities. This case was presented by Alan White. He reviewed the staff report and the proposed ordinance which would allow rooftop or building - mounted CMRS facilities to be located in Planned Residential Districts on properties containing a non - residential use. Freestanding CMRS towers would still be prohibited in Planned Residential Districts. Applications for building and structure mounted facilities would be decided through an administrative process. Rooftop mounted facilities would be subject to the conditional use process. Herb Quintana 5453 S. Ulster, Denver Mr. Quintana, representing Nextel Communications, was sworn in by Chair MacDOUGALL. He invited questions from the Commission. Commissioner THOMPSON asked if the present large boxes required for building mounted CMRS facilities would be replaced as technology improves to require smaller boxes. Mr. Quintana stated Nextel's policy would be to replace them. However, that policy is subjective and depends upon the desire of the landlord and whether or not the existing equipment is cost - effective to Nextel. In response to another question from Commissioner THOMPSON, Mr. Quintana stated that his company works with building owners to provide architecturally pleasing facilities. Commissioner SNOW expressed concern about administrative approvals and felt that neighbors should have opportunity to voice objections to building- or roof - mounted CMRS facilities through a public hearing process. Commissioner COLLINS expressed his opinion that CMRS facilities, which are commercial facilities, should not be allowed on non - commercial buildings such as churches or schools in residential areas. Planning Commission Page 4 September 21, 2000 It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the Planning Commission recommend to City Council that Case No. ZOA- 00 -10, an amendment to Section 26 -30(T) of the Code of Laws pertaining to Commercial Mobile Radio Service facilities not be approved at this time unless there is an amendment to the ordinance which would require a special use permit for any CMRS facility in residential areas. The motion passed 7 -0 with Commissioner GOKEY absent. S. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS A. Screening of Rooftop Mechanical Equiament - It was moved by Commissioner DOYLE and seconded by Commissioner SNOW that Planning Commission recommend to City Council that funds be appropriated to carry out screening of the mechanical equipment on the top of the new recreation center as well as any future buildings that are constructed by the city. The motion passed 7 -0 with Commissioner GOKEY absent. 11. COMMISSION REPORTS There were no Commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner MCNAMEE to adjourn the meeting at 9:40 p.m. The motion passed 7 -0 with Commissioner GOKEY absent. � I DON MacD UG Planning Commission September 21, 2000 Ann Lazzeri, Recordi ecretary Page 5 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: Sept. 21, 2000 DATE PREPARED: Sept. 13,E 00 CASE NO. & NAME: WZ- 00- 11/Legend Prop. CASE MANAGER: � M. Reckert ACTION REQUESTED: Rezone from Residential -Two and Restricted- Commercial to Planned Commercial Development LOCATION OF REQUEST: 9751 W. 44` Avenue NAME & ADDRESS OF APPLICANT(S): Legend Properties 3650 Vance Street, #1 Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Same ------------------------------------------------------------------------------------------------------------------------------------- APPROXIMATE AREA: 1.89 Acres PRESENT ZONING: R -2 (northern 1.10 acres) and R -C (southern .79 acres) PRESENT LAND USE: vacant SURROUNDING ZONING: N: R -2, S: C -1, E: C -1, R -3, A -1, W: R -2 SURROUNDING LAND USE: N: Pennington Elem., S: Commercial, residential; E: Commercial, residential, W: Commercial, residential COMPREHENSIVE PLAN FOR THE AREA: Village Center and Single Family not to exceed 6 dwelling units per acre ------------------------------------------------------------------------------------------------------------------------------------- DATE PUBLISHED: Sept. 1, 2000 DATE POSTED: Sept. 7, 2000 DATED LEGAL NOTICES SENT: Sept. 7, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 ----------------------------------------------------------------------------------------------------------- OTHER ------------------- - - - - -- The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a zone change from Residential -Two and Restricted- Commercial to Planned Commercial Development on property located at 9751 W. 44' Avenue and for approval of a combined outline and final development plan. H. CASE HISTORY This property was subject to a request for zone change from R -2 and R -C to Planned Commercial Development pursuant to Case No. WZ- 99 -15. Planning Commission reviewed the request at public hearings held on January 6, and February 3, 2000. During the hearings, the Commission and the applicant discussed the issues of traffic, permitted uses, lighting, truck access, signage and cross access to the lot located to the west. The applicant agreed to all items of concern which the Commission identified and revised the plans accordingly with the exception of the inclusion of the following language regarding "similar uses ": "Any similar use which in the opinion of the Zoning Administrant, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the Planned Commercial Development and would be consistent with the intent of this PCD." See minutes included under Exhibits `A" and 'B'. City Council reviewed the case at a public hearing held on March 27, 2000. The request was approved as modified during the public hearing, however, the mayor did not sign the ordinance, therefore, the zone change never took affect. See attached Exhibits `C' and `D' which are minutes from that meeting and a memo from the Mayor dated April 1, 2000. Regarding the determination of an appropriate "similar use ", there is a certain amount of interpretation involved based on the specific use and operation of the proposed business, the zoning on the subject property and the extent of potential impact to surrounding zoning and land use. In the past, this determination was left up to the discretion of the Director of Planning and Development. If a person was not satisfied with the Director's determination, an appeal of his decision could be filed with the Board of Adjustment. Based on the fact that these determinations can be very subjective, Ordinance No. 1200 was initiated and approved. This legislation, which became effective on July 10, 2000, establishes a formalized process for the determination of similar uses. See attached Exhibit `E'. HI. OUTLINE AND FINAL DEVELOPMENT PLAN The applicant is requesting approval of a rezoning from R -2 and R -C to PCD and approval of a combined outline and final development plan. A subdivision plat separating this property from the land to the west was approved pursuant to Case No. MS- 99 -06. The proposed plan has the same basic physical layout as the plan presented in Case No. WZ- 99 -15, but with modified permitted land uses. Staff, in consultation with the city attorney, has determined that this application does not violate the provision that the same request for zone change cannot be submitted until after a year of final action. The development plan allows for a 30;000 square foot building (36.71 % coverage) with 46.85 % coverage in parking and drives and 16.44% landscaped coverage. Access to the property is by way of two curb cuts on 44' Avenue with a drive around the building. The R -1 school district has requested the 6' high fence along the common property line (north side) to be chainlink, not solid. A solid, 6' high cedar fence is proposed along the eastern property line. This may have to be modified based on the location of the existing building to the east. Architectural materials for the building include concrete block with stucco and block bands as accents. The building will not exceed 22' in height. The proposed plan allows for uses not exceeding a total of 25% office space or retail /showroom and 75% warehouse or work space. No single tenant could have more than 25% of his lease space devoted to office or showroom space. The parking provided meets this land use break -down by applying the parking ratios appropriate for those general categories of use. The previous submittal listed permitted uses which were potentially high traffic generators and would end up exceeding the allocated parking (a liquor store or a sit -down restaurant, for example). Staff and the applicant have refined the list of allowed uses on the property to more appropriately target small service providers and limited or specialized retail sales. All of the uses which would potentially exceed the allocated parking were eliminated. Those uses eliminated include indoor flea markets, medical offices, liquor stores, clothing stores, drug stores and hobby stores. A cross - access area is shown at the very northwestern corner of the property. If and when the property to the west develops, a similar easement will be established allowing vehicular movement between the two properties by an alley -type arrangement. This will reduce the number of trips on 44 Avenue. Staff would recommend a note be added to the development plan indicating that the existing parking layout where this cross - access occurs may have to be somewhat designed to ensure a Safe, efficient design. Staff concludes that the requirements for a combined outline and final development plan have been met. IV NEIGHBORHOOD MEETING A meeting for neighborhood input was held on August 16, 2000. There were no attendees from the surrounding neighborhood. See Exhibit `F' which is a synopsis of the meeting including the sign -up sheet. V. AGENCY REFERRALS All responding agencies can provide service to the property. Building Department will require an additional handicapped parking space. Demister enclosures must be constructed of non - combustible materials. Arvada Fire Protection District will require the building to be sprinklered. The installation of an additional hydrant will be required. Valley Water District will require the installation of water mains and service lines will be required, Wheat Ridge Public Works Department has approved a drainage report as part of the previous submittal. The traffic engineer's concerns for the amount and type of traffic generated by the proposed development have been satisfied with the reduced list of permitted uses. He has requested review of the area where cross access will occur with the property to the west to ensure appropriate and safe design when that property develops. A sidewalk and signage easement will be required for maintenance of existing public improvements. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There is no error in the zoning map. The property currently has split zone designations of R -C and R -2. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. This property is located in close proximity to the northeast corner of 44' Avenue and Kipling and the large, undeveloped acreage (12.5 acres) know as the Chado property. Since this application precedes any other new commercial application in this area, it will set the standard for anticipated future development in and surrounding this larger parcel to the west. The Comprehensive Plan designates this general vicinity around the Chado property as Village Center with PRD (planned residential development not exceeding 16 units per acre). Staff will be encouraging mixed use developments at this location including retail sales tax generating uses although no specific land use applications are pending. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan shows the subject property as being Single Family up to 6 units per acre on the north half. The south half is designated as Village Center on the west portion and Single Family on the east portion. The Village Center designation considers appropriate uses to include small scale retail facilities, professional offices, professional services, medical offices, gas stations, restaurants and conference commercial and service establishments. The property directly to the east was subject to a zone change application (Case no. WZ -00- 01 /Wineland) which consolidated zoning on the property to C -1. Staff concludes that the proposed rezoning would be consistent with the commercial designation but not the single family designation. Staff does not believe that single family development on this parcel would be appropriate. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Land uses around the property include motorcycle'repair and sales, food sales, car sales, gas station, auto repair and multi - family residential. The Pennington Elementary playing fields abut the property to the north. The land uses listed as permitted by this PCD are similar and compatible with the surrounding commercial uses. Previous concerns expressed regarding traffic generation have been mitigated by the elimination of high traffic generating uses. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The City would capture sales tax from any retail sales occurring on the property. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies can provide service to the property with improvements constructed at the developer's expense. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Previous concerns of the traffic engineer have been alleviated by the elimination of high traffic generating uses. An approved drainage report will be required prior to the issuance of a building permit. The building will be limited to 22' in height which is not inconsistent with typical low density residential development, therefore, there should not be a serious reduction in the amount of light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently impacted by the existing split zoning which causes development on the site to be difficult. A rezoning to PCD would achieve uniform site development conditions. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Rezoning this property to Planned Commercial Development is in conformance with the commercial designation on the Comprehensive Plan. Land uses and zoning to the south and east are commercial in nature and compatible with the proposed zone change. Approval of this case will not create isolated or spot zoning. 10. 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 property is negatively impacted by the existing zoning of R -2 and R -C. Approval of the zone change will remedy the split zoning and allow the property to be developed in a uniform and planned manner. Proposed land uses listed include those which would provide products and services consistent with the Comprehensive Plan and appropriate to this location. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the existing zoning on the property has impacted the developability of it and that the PCD zoning and permitted land uses are consistent with'the Village Center designation on the Comprehensive Plan. Staff further concludes that the proposal has been modified to more accurately reflect appropriate land uses given the parking restraints. Because all of the requirements of a Planned Commercial Development combined outline and final development plan have been met, a recommendation of approval is given with the following conditions added to the final development plan: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the 44 Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops. 4. An additional handicapped parking space be provided. 5. A sidewalk and signage easement be provided for maintenance of the public improvements by the city. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 00 -11, a request for a zone change from Residential -Two and Restricted - Commercial to Planned Commercial Development and for approval of a combined outline and final development plan on property located at 9751 W. 44' Avenue, be recommended for APPROVAL for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the 44' Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops. 4. An additional handicapped parking space be provided. 5. A sidewalk and signage be provided for maintenance of public improvements by the city." Option B: "I move that Case No. WZ- 00 -11, a request for a zone change from Residential -Two and Restricted - Commercial to Planned Commercial Development and for approval of a combined outline and final development plan on property located at 9751 W. 44 Avenue, be DENIED for the following reasons: 1. 2. 3." e:\planning\forms\report e:\planning\forms\reptcovr R -2 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO MAP ACCPTO: June 15, 1994 Lest Revivcn: Mp "' 19, 1999 AR =A RECUIRING 51TE PLAN APPROVAL ICO -YEA,2 F P-VN VPPRCXIMAic LOCATION) ZONE D15 1C` 5CUNCRY -- PARCEL/LCT 5CUNCRY VE5IGNATE5 CWNERSHIP _._._._ WATER FEATURE • CENCT'c5 MUL71P E ACCR°55E5 NW 22 b 1 ,ALL 1 *-,CC .ipAw CF P-V*. G NO %e aCp, f Cl� xHj 8/ r `A A 22 -foot cross access easement will be provided between the northwest corner of Lot 1 and the northeast corner of Lot 2 and will be shown on the plat with standard cross access easement language approved by the city attorney. 2. A 5% park land dedication will be required unless the Parks Commission proposes an alternative to the required park dedication. 3. The language regarding utility easements requested by Public Service be shown on the plat. 4. The plat will show contours, as required by the subdivision regulations. 5. The drainage plan which has been submitted will be made a part of the subdivision and recorded with it. 6. An easement, as defined by state statute and Wheat Ridge subdivision regulations sufficient for drainage and to allow for maintenance of the ditch and as approved by the Oulette Ditch Company, will be shown on the subdivision plat. The motion passed by a vote of 7 -0 with Commissioner GOKEY absent. (Chair MACDOUGALL declared a brief recess at 8:55 p.m. The meeting was reconvened at 9:10 P.M.) B. Case No. WZ- 99 -15: Application by Legend Properties, LLC, for approval of a zone change from Residential -Two and Restricted- Commercial to Planned Commercial District (PCD) for the purpose of developing a commercial building for small businesses located at 9751 West 44th Avenue. This case was presented by Martin Omer. He reviewed the staff report and presented slides and overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Mr. Omer advised the Commission that there was jurisdiction to hear the case. Staff recommendation was for approval of the application with conditions as outlined in the staff report. Commissioner COLLINS pointed out an error on the subdivision plat previously approved by the Commission this evening. There is a small strip that is shown as R -2 but should be C -1. Commissioner THOMPSON expressed concern about the type of traffic that would be generated by this development, especially the generation of semi traffic and indicated she would like to have a condition that no semi traffic could service this development at any time. She also expressed concern about traffic circulation and whether or not there would be room for vehicles to pass by a parked vehicle if there were two -way traffic circulation. She was also concerned about the lack of an accel/decel lane. She didn't want to see the residential neighborhood impacted by traffic. riammng k-ommission Page 4 January 6, 2000 Commissioner BRINKMAN expressed concern that, based upon the decision by the Parks Commission, everything approved this evening could have to be redesigned. She also expressed concern about reviewing such a large number of changes and conditions that could leave room for error. In response to a question from Commissioner COOPER, Mr. Omer stated that vacancy rates for these types of developments are very low. Commissioner THOMPSON expressed concern about the uses nearest residential development such as open overhead doors and fumes from idling trucks, etc. Tony Ficco 12425 West 38th Avenue Mr. Ficco was swom -in by Chair MACDOUGALL. Concerning the types of businesses facing the residential neighborhood, he stated there was no representative from the adjacent neighborhood at the neighborhood meeting. He also noted that the neighborhood is extremely run down and could be a detriment to his business in attracting tenants. In regard to zoning, he said the R -2 zoning is to the west and the R -C is where the former Thunderbird Garage was located. In figures from other similar developments, the traffic average is 1 person per 1000 square feet; therefore, with a total of 16 stalls planned, the automobile impact would be very minimal. He also stated that he would change all of the overhead doors to glass to enhance the appearance of the development. Regarding drainage concerns, retention ponds have been designed so no water, other than the historical rate, will leave the property. He requested that the names of the occupants be permitted on the monument sign in front of the building. Commissioner THOMPSON asked Mr. Ficco if he would be opposed to one - way -in and one- way -out traffic circulation. Mr. Ficco replied that staff was of the opinion that two -way traffic flow would work better and that the two -way traffic plan has worked very well in other locations. In reply to a question from Commissioner THOMPSON, Mr. Ficco stated that he would be agreeable to whatever the Planning Commission. decided about lighting on the property. He also stated that signage for the individual businesses would be uniform. Commissioner THOMPSON asked if Mr. Ficco would be opposed to a restriction on semi traffic. He replied that he would be agreeable to a condition that no semi's be allowed to park overnight; however, tenants need to have the ability for occasional semi deliveries and such a restriction would make his development less desirable to prospective tenants. He noted that the overhead doors are not designed to fit semi's. He indicated that should semi's become a problem, he would ask the tenant to move. It was the consensus of the Commission to address each of the permitted principal uses as outlined in the PCD. The following changes were made and agreed to by the applicant: Planning Commission Page 5 January 6, 2000 (1) "All uses permitted in the restricted commercial district as permitted principal uses" shall be eliminated. (3) Eliminate "banks" and leave "loan and finance offices." (4) "Clinics for psychological, social or marital counseling..." shall be eliminated in its entirety. (5) "Commercial Machine Shops" will stay; however, Commissioner BRINKMAN requested that all overhead doors remain closed during business hours except for deliveries. (6) Eliminate "community buildings, YMCA's, YWCA's, libraries." (7) Liquor store shall remain with a condition that it be located in the front of the development. Commissioner COLLINS noted that it was 11:00 p.m. and suggested continuing the hearing due to the lateness of the hour. Commissioner THOMPSON moved and Commissioner BRINKMAN seconded that the meeting be continued past 11:00 p.m. and the matter of continuation be reviewed at 11:30 p.m. The motion passed by a vote of 6 to 1 with Commissioner COLLINS voting no and commissioner GOKEY absent. Review of the uses continued: (12) Eliminate "drive -in restaurants" and allow only one restaurant. (14 -A) "Ambulance Services" shall be eliminated. (14 -13) Commissioner SNOW expressed concern about paint associated with sign making and silk screening which are more appropriate as an industrial use. Alan White stated that his interpretation of this use would be similar to Kinko's and not a sign fabrication shop. (14 -C) Insert the words "with no outside storage" following the words "equipment rental agencies." (14 -G) "Laundries and dry- cleaning shops" shall remain with the condition they be limited to the west side of the development. (15 -0) "Delicatessens" shall be limited to no more than one in the development. (15 -P) "Department stores shall be eliminated. "Variety stores" shall remain. (15 -R) "Dry good stores" shall be eliminated. (15 -X) "Grocery Stores" shall be eliminated. (15 -Y) "Hardware Stores" shall be changed to "Hardware Supplies." (15 -EE) "Liquor stores (sale by package) shall be eliminated. (15 -GG) "Locksmith Shops" shall be eliminated. . (15 -HH) "Meat, poultry or seafood stores" shall be eliminated (154J) "Newsstands for the sale. of newspapers, magazines, etc." shall be eliminated. (15 -KK) "Notions Stores" shall be eliminated. (15 -00) "Pet Stores" shall be changed to "Pet Supply Stores." rmnning commission - Page 6 January 6, 2000 (17) "Any similar use which... fires or explosion" shall be eliminated in its entirety. (17 -13) No's. 1, 2, and 3 under this item shall be eliminated in their entirety. (17 -C -3) This item shall be entitled "Conditions" with the following conditions listed: Condition No. I - No excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties. Condition No. 2 - No outside storage. Condition No. 3 - Stocking of items intended for use or sale upon the premises is permitted; however, warehousing is prohibited. Condition No. 4 - Wholesale sales of any item offered at retail on the premises, where wholesale is ancillary to the primary retail use is permitted. Commissioner THOMPSON moved and Commissioner COOPER seconded that the meeting continue past 11:30 p.m. in order to complete the list of uses and allow for questions from the Commission before continuing the matter to another meeting. The motion carried by a vote of 6 -1 with Commissioner BRINKMAN voting no and Commissioner GOKEY absent. Commissioner THOMPSON requested that before the case is heard again, staff reach an agreement with the applicant regarding the monument sign and the individual building signs, the need for accel/decel lanes, the traffic circulation pattern, lighting on the property, and protection from semi traffic for resideiitial neighborhood to the east. She also asked that, under "Recommended Motion" on page B -7 of the staff report, the words "A -1, Agriculture" be changed to "R -2 and R -C ". Chair MACDOUGALL asked if there were others present who wished to address this matter. Carol Oman had signed the public hearing roster but indicated she did not want to speak at this time. In response to a question from Commissioner COLLINS, Mr. Ficco stated that he plans to remove the 4 -foot chain link fence and replace it with a 6 -foot solid fence. If the school to the north wishes to retain the 4 -foot chain link fence, Mr. Ficco would build the 6 -foot solid fence anyway. Commissioner SNOW moved and Commissioner COLLINS seconded that Case No. WZ -99 -15 be continued to February 3, 2000. The motion passed by a vote of 6 -1 with Commissioner BRINKMAN voting no and Commissioner GOKEY absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the Commission reconsider Case No. MS -99 -06 due to the fact that there was an error on the subdivision. The motion passed by a vote of 7 -0 with Commissioner GOKEY Planning Commission Page 7 January 6, 2000 absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the previous approval of MS -99 -06 be amended to correct the labeling of the adjacent zoning on the plat (the property closest to 44th Avenue presently shown as R -2 should be labeled C- 1) and that the existing building be shown with an outline as well as the setback to the property line. The motion passed by a vote of 7 -0 with Commissioner GOICEY absent. 8. CLOSE THE PUBLIC HEARING Chair MACDOUGALL declared the public hearing portion of the meeting to be closed. 9. OLD BUSINESS , A. Property at 35th and Wadsworth - Commissioner BRINKMAN inquired about the status of the applicant's appeal to City Council on this property. Alan White stated that this matter has not yet been heard by City Council. Since the code does not set forth a method for the appeal process, an ordinance is scheduled to be heard by City Council on first reading on Monday, January 10. Commissioner BRINKMAN requested that the minutes of the Planning Commission meeting on this matter be included as part of the staff report that goes to City Council. 10. NEW BUSINESS A. Group Homes for Sex Offenders - Commissioner THOMPSON asked if this issue needs to be revisited. Alan White stated that the City Councilman from District I wants to review group home matters and homes for sex offenders will be addressed at that time. 11. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no reports. 13. ADJOURNMENT It was moved by Commissioner COOPER and seconded by Commissioner COLLINS that the meeting be adjourned at 11:56 p.m. The motion passed unanimously. Don MACDOUGALL, Chai. G C,a Ann Lazzeri, Recording Secretary Planning Comm January 6, 2000 Page 8 J.= - XHIBIr `,Q' CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting February 3, 2000 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MACDOUGALL at 7:30 p.m. on February 3, 2000 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Paulette Cooper Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Staff Members Present: 3. PLEDGE OF ALLEGIANCE Alan White, Planning Director Martin Omer, Economic Development Specialist/Planner Mary Austin, Planner Ann Lazzeri, Secretary The following is the official set of Planning Commission minutes for the public hearing of February 3, 2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to approve the order of the agenda as presented. The motion passed by a vote of 8 -0. 5. APPROVAL OF MINUTES It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to approve the minutes of January 20, 2000. The motion passed by a vote of 7 -0, with Commissioner COLLINS abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. WZ -99 -15 (continued from January 6 2000) Application by Legend Properties, LLC, for approval of a zone change from Residential -Two and Restricted - Commercial to Planned Commercial District (PCD) for the purpose of developing a commercial building for small businesses located at 9751 West 44th Avenue. The January 6, 2000, meeting was continued to allow staff and the applicant to research some unresolved issues which were identified in the hearing. Mr. Omer reviewed each of these issues as outlined in the staff report. Mr. Omer presented copies of a letter from the school district which stated the district was in favor of the existing six -foot chain link fence along, the applicant's northern property line. This letter was entered into the case file. Mr. Omer presented slides from January 6, 2000 at the request of Commissioner GOKEY who was unable to attend the hearing that evening. In response to a request from Commissioner SNOW, Alan White pointed out the Village Commercial designations on the Comprehensive Plan map. Commissioner SNOW asked if Public Works believed the subject area should be included in a Transportation/Circulation Master Plan. Martin Omer stated that when the adjacent property, referred to as Chado, is considered for development approvals, a circulation master plan will be required for the property at that time. Commissioner BRINKMAN referred to discussion at the previous hearing about requesting landscaping requirements in excess of 18% and asked if this matter had been discussed with the applicant. Mr. Omer replied that the applicant would address this issue later in the meeting. Commissioner BRNKMAN asked if there would be an issue in removing item one from the list of permitted land uses. Alan White stated that his recollection was that item one was removed at the last meeting and his recommendation would still stand that it be removed. Tony Ficco 12425 West 38th Avenue Mr. Ficco, the applicant, was swom by Chair MACDOUGALL. He addressed the following concerns expressed by the Commission: Signage Mr. Ficco stated his desire to restrict signage to 25% of the glass area in the office portion of the units. If a tenant chooses to have glass in place of the metal delivery door, no signage would be allowed in that glass area. In addition, there would be allowance for signage in the 18 -inch facade above the door. Lighting: Mr. Ficco plans to have six outdoor lights. Those on the west side of the building would be mounted at the top to shine downward. O the lighting on the east (adjacent to the residential properties), two would be installed on the ground to shine upward toward the building and one on the south end would be building mounted. A ground mounted light would shine on the monument sign. Truck delivery impacts on area to the east: Mr. Ficco stated that his plan calls for a 56 -foot setback from the property line which far exceeds the 15 -foot setback requirement. The 10 -foot doors would also preclude large delivery trucks from backing in for deliveries. Regarding semi truck traffic, he indicated he would be agreeable to increasing the driveway apron radius from 15 feet to 20 feet. Planning Commission Minutes February 3, 2000 Page 2 Commissioner SNOW stated that her previous comment about buffering for the residential area to the east was more in reference to trucks driving through and the small amount of landscaping in the buffer area. Mr. Ficco responded that in addition to a 6 -foot solid fence, he has planned for landscaping in excess of the requirements. The code requires 10% landscape while his plan provides for 16.44 %. Mr. Omer suggested that a few trees planted in the 6 -foot landscape area could serve to further buffer the residential area. Mr. Ficco stated that he could transfer a 1 -1/2" caliper tree from another part of the property to the buffering area. Fencing - Mr. Ficco stated that he originally thought the chain link fence on the northern property line was 4 feet in height; however, the actual height of the fence is 6 feet. He contacted the school district about the fence and they responded with a letter (earlier entered into the case file) indicating their desire to retain the 6 -foot chain link fence. There will be 6- foot wooden fences on the east and the west. In response to concerns about traffic circulation when the adjacent property is developed, Alan White stated that staff would analyze. traffic circulation patterns in relation to the specific type of development planned for the property at the time of development. Commissioner COLLINS noted that the drawing shows cedar fences on both sides of the trash enclosures; however, the Arvada Fire Department had requested noncombustible material for the enclosures and doors. Martin Omer stated that the plan would be corrected to require the noncombustible materials. Commissioner COOPER expressed concern regarding trucks parking in the drive aisle parallel to the building and, while traffic could still circulate past the parked truck, cars could be prevented from exiting their parking spaces. It was the consensus of the Commission that this would be a self managed situation. For instance, if customers complain to the owner of the business, the owner could request the truck to move. Chair MACDOUGALL asked if there were any other individuals present who wished to address this matter. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that Case No. WZ- 99 -15, a request for approval to rezone 1.10 acres from R -2 Residential and 0.79 acres zoned R -C, Restricted Commercial to PCD, Planned Commercial Development, be recommended to the City Council for approval for the following reasons: 1. The rezoning to Planned Commercial Development is generally consistent with the City's Comprehensive Plan. 2. The proposed land uses and the development criteria of the Planned Commercial Development meet the standards of other commercial zone designations in the City. Planning Commission Minutes Page 3 February 3, 2000 3. Approval of this application will eliminate a pre - existing split zoning situation on this property. With the following conditions: 1. The corrections noted in the staff report on page 4 shall be made to the outline and final development plan. 2. The delivery apron radius be increased to twenty feet per recommendation of the Public Works Department. 3. No more than 25% of the glass frontage may be covered by additional signage. If the overhead doors are replaced with glass, no signage will be allowed on these glass areas. 4. A minimum of four additional trees shall be added in the landscape buffer to the east. 5. The correction be made, which was already voted on, to remove the words "all uses permitted in the RC district as permitted principal uses "; and the staff will check the tape of the January. 6, 2000 meeting to make sure all the uses are as approved at that hearing. The motion passed by a vote of 8 -0. IL Chair MACDOUGALL declared a brief recess at 8:40 p.m. The meeting was reconvened at 8:47 p.m.) B. Case No. WZ- 99 -16: Application by Ted Prythero for approval of a final development plan for Lot 1 of the Onyx Park Development for the purpose of building an 18,000 square foot, two -story professional office building located at 10055 West 43rd Avenue. This case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Ms. Austin advised the Commission that there was jurisdiction to hear the case. Staff recommended approval with a condition that the mechanical unit on top of the building be screened. Commissioner BRINKMAN asked if it was necessary to call in the ditch company with this lot. Ms. Austin replied that a referral was not necessary. Commissioner THOMPSON inquired about the requirement for semi -flat roof. Mr. White replied that it was most likely an attempt to make the development blend in with the residential area. Commissioner SNOW asked for an explanation about a discrepancy in the amount of required landscaping. Ms. Austin believed that 25,828 square feet was the correct figure; however, the applicant would verify the correct figure. Planning Commission Minutes Pave 4 February 3, 2000 �3Cf-I l$1T �G CITY COUNCIL MINUTES: March 27, 2000 Page - 3 - Bob Olson, Wheat Ridge Historian, was sworn in by the Mayor; he referred to his memo written in 1998, which is part of the attached staff report. He distributed his memo from March 23, 2000, which refers to additional information concerning the early history of this property. Mr. Olson could not say if the Jaidinger house was or was not the old Cort house. Motion by Mrs. Worth to postpone this until Meryl Wilson comes out and conducts a more thorough investigation of this house to find out if it was built in 1860 or not; seconded by Mrs. Shaver. Motion by Mr, Siler for an amendment that the information be brought back to Council no later than May 8; seconded by Mr. Edwards; tied 4-4 with Councilmembers'Edwards, Shaver, Worth, and Figlus voting no. Mayor broke the tie by voting no. Amendment failed 5 -4. Original motion carried 6 -2 with Mr. Edwards and Mr. DiTullio voting no. Mr. Edwards stated that there is no information at this time to show that this building is any older than 1905; further the architect states that remodeling would be prohibitive and where will the money come from to restore this building. Mr. DiTullio agrees with Mr. Edwards; there are many other important projects that need to be done in this City; he will not support spending any money on this structure. Item 2. Council Bill 08 -2000 - An Ordinance providing for the approval of a rezoning from Residential -Two and Restricted Commercial to Planned Commercial Development for property located at 9751 West 44`" Avenue, City of Wheat Ridge, County of Jefferson,_ State of Colorado. (Case No. WZ- 99 -15) Council Bill 08 -2000 was introduced on second reading by Mrs. Worth, who also read the title and summary; Clerk assigned Ordinance No. 1187. Applicant Tony Ficco, asked for approval of his application for rezoning. He would like to see a variety of small shops in the development. Meredith Reckert presented the staff report. Motion by Mrs. Worth to approve Council Bill 08 -2000, Case No. WZ- 99 -15, an application to re -zone 1.10 acres from R -2, Residential and .79 acres zoned R -C, Restricted Commercial, to PCD, Planned Commercial Development, and for outline, preliminary and final development plan approval, be approved for the following reasons: CITY COUNCIL MINUTES: March 27, 2000 Page - 4 - 1. The rezoning to Planned Commercial Development is generally consistent with the City's Comprehensive Plan. 2. The proposed land uses and the development criteria of the Planned Commercial Development meet the standards of other commercial zone designations in the City 3. Approval of this application will eliminate a pre- existing split zoning on this property. With the following conditions: Prior to signatures and recordation of the PCD, the Planned Commercial Development shall be revised as follows: 1. Make revisions as recommended in Section IV of the Staff Report 2. Delete the following principal uses from sheet one: those uses listed as (2), (3), (4), (5), (6), (8), (9), (10), (11), (12)(C) 3. Amend permitted principal use 14(I) to read: "BUTCHER SHOPS AND FOOD LOCKERS" 4. Add as a principal permitted use 14(RR): "CLOTHING STORES" 5. Amend principal permitted use 14(0) to read: "ONE DELICATESSEN, LIMITED TO SEATING FOR NO MORE THAN TEN (10) PERSONS." 6. Reverse order of text for items (15) and (16) 7. Add additional item under (new) (16), SPECIAL USES, as follows: (3) COMMERCIAL MACHINE SHOPS" 8. Amend sheet two as follows: (1) the drive aisle north of the building to be widened to staff satisfaction. (2) All areas with plant materials to be irrigated. 9. The owner shall be and remain responsible for ensuring that truck deliveries of goods to the property do not create traffic congestion on drive aisles, parking areas or adjacent streets. Motion seconded by Mr. DiTullio. Motion by Mr. Edwards for an amendment to the Motion that if there is a similar use that is not enumerated on this, that it would go back through the public process that the Zoning Administrator would not have the authority to decide if it is a similar use; therefore delete Item (16) which states any similar use which in the opinion of the Zoning Administrator or, upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in this planned commercial development and would be consistent with the intent of this PCD; seconded by Mr. Siler; carried 7 -1 with Mr. Hanley voting no. Motion by Mrs. Shaver for an amendment to the Motion that perimeter landscaping strips be living plant material; Motion died for lack of second. CITY COUNCIL MINUTES: March 27, 2000 Page-5- Motion by Mrs. Shaver for an amendment to the Motion that some scrubs be placed along the north perimeter of the development; seconded by Mrs. Worth; failed 5-4 with Mr. Siler, Mr. DiTullio, Mr. Mancinelli and Mr. Hanley voting no; the Mayor broke the tie by voting no. Original Motion as amended carried 8 -0. Item 3. Council Bill 09 -2000 - concerning the filling of vacancies on Boards and Commissions. Council Bill 09 -2000 was introduced on second reading by Mr. DiTullio, who also read the title and summary; Clerk assigned Ordinance No. 1189. Motion by Mr. DiTullio for approval of Council Bill 09 -2000, an ordinance concerning the filling of vacancies on board and commissions, on second reading and this ordinance take effect 15 days after final publication; seconded by Mr. Edwards. Mr. Mancinelli will vote against this Council Bill because he feels it will create more problems between Councilmembers. Amendment by Mr. Siler to add to Section 2.(e) at the end of the paragraph, "no appointee serving in another district's position can be replaced during mid -term, unless one of the conditions sited above applies.'; seconded by Mr. Mancinelli; carried 5 -3 with Councilmembers Shaver, Worth and Figlus voting no. Original motion with amendment carried 5 -3 with Councilmembers Hanley, Worth and Mancinelli voting no. ORDINANCES ON FIRST READING Item 4. A. Council Bill 10 -2000 - An Ordinance repealing Section 25 -25 of the Wheat Ridge Code of Laws concerning the Economic Development and Revitalization Commission. Council Bill 10 -2000 was introduced on first reading by Mr. Edwards; title and summary read by the Clerk. Motion by Mr. Edwards to approve Council Bill 10 -2000, order it published in full and set for public hearing on April 10, 2000 at 7:00 p.m. in the City Council Chambers; seconded by Mr. Siler, carried 8 -0. ExN /l31r • TO: Wheat Ridge City Council FROM Mayor Gretchen Cerveny DATE April 1, 2000 This is your official notification that I am vetoing Council Bill # 08 -2000 (Case No. WZ- 99 -15) which Council passed on Monday March 27, 2000. I was troubled by Council's actions Monday night. When I received the amended bill, I found that in good conscience I could not sign it. I feel that, as amended, it is not in the best interests of the citizens of Wheat Ridge. It creates a hardship for the man or woman who would like to create a small startup business It sends the message that Council does not want the business to locate in Wheat Ridge. . As amended, it takes away the vested rights of the land owner Council Bill #08 -2000 requires the business owner to appear before Planning Commission as well as City Council for any business not on the list approved by Council. Experts say that 30% to 40% of the jobs or businesses of the year 2005 don't even exist now. In my experience, no small business man or woman has either the time nor the money to spend three months doing this. When business wants to come into Wheat Ridge we should be asking "How can we help you succeed? " not give them more government hoops to jump through. Council Bill#08 -2000, as amended, takes away many of the uses allowed in the current RC zoning. I will hand deliver this notice to your home as well as fax it to you. I plan to call each of you to alert you to look for my notice. ps: I realize the date is April V. This is not an April Fool joke!! cc: Valerie Adams, City Manager Wanda Sang, City Clerk Jerry Dahl, City Attorney Anthony Ficco, landowner Alan White, Director of Planning Laptop: C GC- City -VETO April 1, 2000 Page 1 of l ExN lair t j', INTRODUCED BY COUNCIL MEMBER ni T „ Council Bill No. 20 Ordinance No. 120 Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26 -25 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SIMILAR USES IN PLANNED DEVELOPMENT DISTRICTS. WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a process for determining allowable similar uses in planned development zone districts; and WHEREAS, the Wheat Ridge City Council desires to create a process for determining which similar uses shall be allowed in any planned development zone district within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26 -25 (IV) of the Code of Laws is hereby amended with the addition of the following new Section 26 -25 (IV) (C): (C) Similar Uses: (1) Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development, (b) be consistent with the intent of the planned development, (c) not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and (d) not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. (2) Similar Use Determination Process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: (a) The zoning administrator shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of this ordinance. (b) If no written objection to the proposed similar use is received and the zoning administrator finds that the proposed similar use meets the definition of similar use contained in Section (C)(1) above, the zoning administrator is authorized to approve the similar use. . (c) If a written protest objection is received or if the zoning administrator finds that the definition of similar use does not apply, the zoning administrator shall forward the determination request to the Board of Adjustment at a public hearing. Notice of said hearing shall be as provided in Section 26 -6 (F)(1). (3) Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. Section 2. 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 3. 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, such judgment shall not affect application to other persons or circumstances. Section 4. 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 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of Tune 2000, 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 July 10 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 10 th day of July 2000. SIGNED by the Mayor on this 111 ATTEST: e� Wanda Sang, City Clerk 1st Publication: June 30, 2000 2nd Publication: July 14, 2000 Wheat Ridge Transcript Effective Date: July 29, 2000 EAP1=ing \F0RMSIsimi1ar w,,.wpd EXN /& /T 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Whe Ridge FAX 303/235 -2857 DATE: - /to -oo plc- 7Z�D /T2f Jam. � CITY STAFF PRESENT: A111CC- G-. LOCATION OF MEETING: C- i Y H,+-C_C PROPERTY ADDRESS: f4'r PROPERTY OWNER(s): I 1- 'y /� C- CO Applicant(s): PROPERTY OWNER(s) PRESENT? Yes )�_No V F' Existing zoning: R- z- I s e c Comp Plan Designation: 51C !/C cjL_ iv C _ Existing use /site conditions: VJ -.CAA/ 7 Applicants proposal: �- - 1 o R<(Z 7U d I% Zv '0()j . (V 6,e 4L7 le. , 17 L Seje-1116E - A-n/GrL c_Ae! `T 6� - O - rZ &5 Attending parties of interest: (See attached sign -up list) Issues discussed: A lo /11�C� ffy3J/tG UQ /L��t'n� -t XX�J EAReckerPmeighmeeting recap.wpd NEIGHBORHOOD MEETING AUGUST 16, 2000 SIGN -IN PLEASE PRINT NAME Name Address W, ter: I;� YaS ul 3F Phone 30 3 vii -6 E -Mail 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. " "EAr9\ LAND USE CASE PROCESSING APPLICATION Planning and Development Department �— 7500 West 29th Avenue, Wheat Ridge. CO 80033 \, `:oaAV° Phone (303) 235 -2846 !Please pi int of type all informations Applicant 7 - 011 1 y � i cc u Address 3 o u 9 r c = Phone 303- 9.2 City ly 7/j /O C-E State Co z- cD Zip 3 3 Fax 3o3 - zo- 5;76_J, / cz c, Owner P0 , 7 s Address - 3(-6c' vft vc E " / Phone 30 6 / City zus/ , et7? , H rc State co c o Zip C- 33 Fax 303 - y o- 96 �;i l Contact 7'0Ai y r— l c c o Address cc Phone City 4i R / '9 GX State co y Zip Gov 3 3 Fax 3o3 -yd o- s6 a-/ (The person listed as contact will be contacted to answer questions this application, provide additional information when neccessaiy, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing) Location of request (address): 97 S - I y) • y `l " A,,eKLul Type of action requested (check one or more of the actions listed below which pertain to your request.; Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit ❑ Conditional Use Permit ❑ Subdivision: Minor (5 lots or less) ❑ Consolidation Plat ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Preliminary ❑ Final ❑ Interpretation of Code ❑ Street Vacation ❑ Lot Line Adjustment It Temporary Use, Building, Sign ❑ Nonconforming Use Change ❑ Variance / Waiver (from Section ❑ Planned Building Group ❑ Zoning Ordinance Amendment Site Development Plan approval ❑ Other: Detailed description of the request: 8113Oo sZ 5:13s,' "7 X25 /O-C2 J`%RC .7 '* ivy 1 5 r� /cry /J �o�m e/r Ci�c 7b /j PGfj/Ii/L <'p Required information: 130s /ti.e s5 PIVAIf pa X 3>5 Assessors Parcel Number: L a r I V u r/ f}vE Size of Lot (acres of square footage): 8R 5'0 S'D, F 7 Current Zoning: t3 — ;z $ P C Proposed Zoning: P za arro t'n r e 3 c /o�r c Current use: ///r' C 4 Al 1' Proposed use: / 3e7 Ale 9 ScFt v ec CCAJTeA I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of- attorney from the owner Viich approved of this action on his behalf. Signature of r°!ppl.icant � Q Subscribed a d or to me 3 day of 200 Notary Public _ My commission expi a Date received - ZA - M Fee $ Receipt No0 009843 Case No. Comp Plan Desig. Zoning Quarter Section Map Related Case No, Pre -App Mtg Date Case Manager Form No 1402 92 (10;1]!92) ALTA Owner's Policy POLICY OF TITLE INSURANCE SSCI ?U W First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company Ry 6P� PRESIDENT 9 1 / y 3 3 r1MEST A a4 �z a"10; SECRETARY r File g KC43267B79 .ST AMERICAN TITLE INSURANCE CO! NY SCHEDULE B order No. KC48267B98 Policy No. J917338 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land -or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments for the year 2000 and subsequent years, a lien, but not yet due or payable. 7. An easement for utility and incidental purposes granted to the Public Service Company of Colorado by the instrument recorded July 6, 1984 at Reception No. 84063186. 8. An easement for utility and incidental_. purposes granted to the Public Service Company of Colorado by the instrument recorded July 27, 1984 at Reception No. 84071041. 9. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between Barbara Joan Kibbey and J. Robert Chado, et a1 recorded November 19, 1987 at Reception No. 87140793. 10. Any existing leases or tenancies. 11. Easements, notes, covenants, conditions and restrictions as contained on the Plat of the Avenue Business Park Minor Subdivision as recorded March 30, 2000 in Plat Book 100 at Page 163. "_ -- File# KC48267D94 FIRST AMERICAN TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE A cp- DL- 08/14/00 12:58:35 Order No. KC48267B98 Policy No. J917338 Amount of Insurance $235,000.00 Date of Policy: June 6, 2000 at 7:29 A.M. 1. Name of Insured: Legend Properties, LLC 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: Legend Properties, LLC 4. The land referred to in this policy is described as follows: Lot 1, 44th Avenue Business Park Minor Subdivision as recorded on March 30, 2000 in Plat Book 100 at Page 163, County of Jefferson, State of Colorado. O 000pI First American Heritage Title ,o 950 South Cherry Street #1200 Denver, CO 80246 (303) 691 -3333 D E L I V E R Y T R A N S M I T T A L DATE: AUGUST 14, 2000 ORDER NO.: KC48267B98 ' PROP. ADDR.: Vacant Land 44th Ave., Wheatridge, Colorado OWNER /BUYER: Legend Properties, LLC PLEASE DELIVER TO THE CUSTOMERS LISTED BELOW: TO: Legend Properties I TO: 11250 West 38th Avenue #28 Wheatridge, CO 80033 ATTN: I ATTN: NO. OF COPIES: NO. OF COPIES: ___________________________________________________________ _______________________________ TO: I TO: ATTN: ATTN: NO. OF COPIES: - NO. OF COPIES: ___________________________________________________________ _______________________________ TO: I TO: ATTN: ATTN: NO. OF COPIES: ___________________________________________________________ NO. OF COPIES: TO: ___________________________ ____ TO: ATTN: -- ATTN: NO. OF COPIES: ------------------------------------------------------------------------------------------ NO. OF COPIES: TO: I TO: ATTN: ATTN: NO. OF COPIES: NO. OF COPIES: ___________________________________________________________ ___________________________ ____ THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: UCLENTRN Filek RC48267693 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2000 TITLE: AN ORDINANCE. PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL -TWO AND RESTRICTED- COMMERCIAL TO PLANNED COMMERCIAL DEVELOPMENT AND APPROVAL OF A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 9751 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 Tony Ficco for Legend Properties, LLC, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ -00 -11 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 the Residential -Two and Restricted - Commercial zone district and to include in the Planned Commercial Development zone district the following described land: Lot 1, 44` Avenue Business Park Minor Subdivision as recorded on March 30, 2000 in Plat Book 100 at Page 163, County of Jefferson, State of Colorado. Section 2. Conditions. Development and use of the property shall be in accordance with the recorded combined outline and final development plan. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(G)of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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, such judgment shall not affect application to other persons or circumstances. Section 6. 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. SectionT This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2000, 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 2000, 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 2000. SIGNED by the Mayor on this day of 1 2000. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Whe at Ridge FAX 303/235 -2857 November 27, 2000 Dear Property Owner: This is to inform you that Case No. WZ -00 -11 which is a request for approval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on December 11, 2000 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. 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Harry Hanley was absent due to illness. Also present: City Clerk, Wanda Sang; Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl; Director of Planning, Alan White; staff; and interested citizens. APPROVAL OF MINUTES OF October 23, 2000 Motion by Mr. Siler for the approval of the Minutes of October 23, 2000; seconded by Mrs. Worth; carried 7 -0. CITIZENS' RIGHT TO SPEAK Tim Brungardt invited Council and Mayor to a meeting of the Student Union Council at Wheat Ridge High School and explained their various activities benefitting the Community. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 32 - An Ordinance providing for the approval of rezoning from Residential -Two and Restricted Commercial to Planned Commercial Development and approval of a Combined Outline and Final Development Plan for property located at 9751 West 44" Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 00 -11) (Tony Ficco for Legend Properties, LLC) (To be continued to December 11, 2000) Motion by Mr. DiTullio to continue this Item to December 11, 2000; seconded by Mrs. Worth; carried 7 -0. of WHEgp '. P ' o AGENDA ITEM c U REQUEST FOR COUNCIL ACTION November 13 2000 ° ot oR Poo _ PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS X ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi - Judicial: X Yes No SUBJECT: Case No. WZ- 00 -11, an application by Tony Ficco for Legend Properties, LLC for approval of a rezoning from Residential -Two and Restricted - Commercial to a Planned Commercial Development and for approval of a combined outline and final development plan for property located at 9751 W. 44' Avenue. Per Section 26- 6(F)(4) of the Wheat Ridge Code of Laws, letter notice of the property is required at least fifteen (15) days prior to a public hearing. The notification requirements were not met due to staff error. Staff recommends a motion of continuance to the next City Council meeting on Monday, November 27, 2000. SUMMARY AND BACKGROUND: At the September 21, 2000 Planning Commission public hearing, the Commission recommended approval of the rezoning with conditions. The purpose of the rezoning is to allow a retail and service center to be built. d budgeted amount: $0 contracted amount: $0 of expenditure on line item: $0 Account No.: N/A STAFF RECOMMENDATION: Approval ORIGINATED BY: Alan White, Director of Planning and Development STAFF RESPONSIBLE: Meredith Reckert, Senior Planner SUGGESTED MOTION: "I move that Council Bill 32, a request by Tony Ficco for Legend Properties, LLC for approval of a rezoning from Residential -Two and Restricted - Commercial to a Planned Commercial Development and for approval of a combined outline and final development plan for the purpose of building a retail and service center on property located at 9751 W. 44`n Avenue, be continued until November 27, 2000." 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235 -2846 Ridge FAX 303/235 -2857 September 27, 2000 Tony Ficco Legend Properties 3650 Vance Street, #1 Wheat Ridge, CO 80033 Dear Mr. Ficco: At its meeting of September 21, 2000, the Planning Commission has recommended that the City Council approve your request for rezoning the property located at 9751 W. 44` Avenue from Residential -Two (R -2) and Restricted - Commercial (RC) to Planned Commercial Development and for approval of a combined outline and final development plan subject to the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44 " Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops commercially 4. An additional handicapped parking space be provided. 5. A sidewalk and signage easement be provided for maintenance of public improvements by the city. 6. At the discretion of the developer and city, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. Plus an amendment to include an additional condition that wording be changed on numbers (11) and (35) of the plan to include the words "and sales ". Your request is scheduled for first reading by City Council at 7:00 p.m. on October 23, 2000, and second reading on November 13, 2000. Publication and public notice fees must be paid to the City in the amount of $92 per the City's fee schedule. Payment must be made no later than October 27, 2000. Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, K Kathy Field Planning Secretary Attachments: Draft of Minutes fee schedule cc: WZ -00 -11 (case file) c:\ Barbara \PCAPTS \PLANGCO W CORRESP\ W Z0005 Commissioners MacDOUGALL and THOMPSON abstaining and Commissioner GOKEY absent. 6. PUBLIC FORUM There was no one to appear before the Commission. PUBLIC HEARING A. Case No. WZ- 00 -11 An application by Tony Ficco for Legend properties, LLC, for approval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center. Said property is located at 9751 West 44th Avenue. This case was presented by Meredith Reckert. She distributed copies of two letters to members of the Commission. The first letter from Connie Nelson of 4281 Jellison, indicated objection to the application. The second letter from James and Nell Cluck of 9890 West 44th Avenue, indicated support of the application. The letters were entered into the record and made a part of the case file. She reviewed the staff report, presented slides and overheads of the subject property. All pertinent documents were entered into the record and she advised the Commission they had jurisdiction to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. Commissioner THOMPSON referred to the fence on the west side of the property. Could Mr. Ficco remove the fence at his discretion? Meredith said a note could be added that would allow him to remove the fence should the adjacent residential property to the west develop into commercial uses. Commissioner SNOW expressed concern about limiting retail space to 25 %. Alan White explained the purpose for limiting the retail space related to concern about traffic generation and parking. Commissioner THOMPSON suggested a formula which would require a certain percentage of parking spaces if more than one modular unit in the development is combined to make larger units. Tony Ficco 12425 West 38th Avenue Mr. Ficco, the applicant, was sworn in by Chair MacDOUGALL. He stated that his proposed development would be for a retail service center rather than for high level retail use. He has worked with city staff to streamline the uses since the last time this case was considered before City Council. He indicated that he would be in favor of adding a note to the plan which would allow removal of the fence on the western edge of the property should the adjacent property develop commercially. Planning Commission Page 2 September 21, 2000 Commissioner SNOW asked Mr. Ficco how he felt about the 25% retail space limitation. He stated that, while he would prefer to have more retail if the parking limitations could be met, he was comfortable with the present requirements of 25% retail space. It was moved by Commissioner THOMPSON and seconded by Commissioner COLLINS that Case No. WZ- 00 -11, a request for a zone change from Residential -Two and Restricted - Commercial to Planned Commercial Development and for approval of a combined outline and final development plan on property located at 9751 West 44th Avenue, be recommended for APPROVAL for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the West 44th Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops commercially. 4. An additional handicapped parking space be provided. 5. A sidewalk and signage easement be provided for maintenance of public improvements by the city. 6. At the discretion of the developer and city, the cedar fence on the west side of said development could be removed when commercial development occurs to the west and the single family home has been removed. Commissioner SNOW offered a friendly amendment to include an additional condition that wording be changed on numbers (11) and (35) of the plan to include the words "and sales ". The amendment was accepted by Commissioners THOMPSON and COLLINS. In response to a question from Commissioner DOYLE, Alan White stated that this development would be affected by the recently imposed building permit moratorium. Commissioner DOYLE then offered an amendment that the condition requiring all rooftop mechanical equipment to be screened from view would not be enforced until the City of Wheat Ridge has screened mechanical equipment on its recently constructed recreation center building. This amendment was not accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to change items (3) and (7) on the plan to change the ratio to allow 30% space for office /retail. Planning Commission Page 3 September 21, 2000 Commissioner McNAMEE questioned whether the proposed ratio would affect the required number of parking spaces. Chair MacDOUGALL declared a brief recess at 8:50 p.m. to allow staff to recalculate parking requirements. The meeting was reconvened at 9:05 p.m. Commissioner SNOW asked if there would be sufficient parking with the 70 -30% ratio. Meredith Reckert replied that there would not be sufficient parking. Commissioner SNOW then withdrew her amendment. IL A vote was taken on the motion. It passed by a vote of 7 -0 with Commissioner GOKEY absent. B. Case No. ZOA- 00 -10 An ordinance amending Section 26 -30(T) of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service (CMRS) facilities. This case was presented by Alan White. He reviewed the staff report and the proposed ordinance which would allow rooftop or building - mounted CMRS facilities to be located in Planned Residential Districts on properties containing a non - residential use. Freestanding CMRS towers would still be prohibited in Planned Residential Districts. Applications for building and structure mounted facilities would be decided through an administrative process. Rooftop mounted facilities would be subject to the conditional use process. Herb Quintana 5453 S. Ulster, Denver Mr. Quintana, representing Nextel Communications, was sworn in by Chair MacDOUGALL. He invited questions from the Commission. Commissioner THOMPSON asked if the present large boxes required for building mounted CMRS facilities would be replaced as technology improves to require smaller boxes. Mr. Quintana stated Nextel's policy would be to replace them. However, that policy is subjective and depends upon the desire of the landlord and whether or not the existing equipment is cost - effective to Nextel. In response to another question from Commissioner THOMPSON, Mr. Quintana stated that his company works with building owners to provide architecturally pleasing facilities. Commissioner SNOW expressed concern about administrative approvals and felt that neighbors should have opportunity to voice objections to building- or roof - mounted CMRS facilities through a public hearing process. Commissioner COLLINS expressed his opinion that CMRS facilities, which are commercial facilities, should not be allowed on non - commercial buildings such as churches or schools in residential areas. Planning Commission, Page 4 September 21, 2000 7500 West 29th Avenue Wheat Ridge, Colorado 80215 FAX 303/235 -2857 September 7, 2000 Dear Property Owner: The City of Wheat Ridge Thic is to inform von that ('aco Nn W7_QQ_71 �xr trh is rPnnP t f apnrn 1 of a re'�nttin _ y _ h _h a regUes. _o. r _.,va. from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on September 21, 2000 at 7:30 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303 - 235 -2846 if you have any questions or desire to review any plans. Thank you. Planning Division. c\ Barbara \PCRPTS \PLANGCOM\Pc W Z001 l .wpd �7 a i� G •� i1�a /e_o�� 7500 West 29th Avenue Wheat Ridge. Colorado 80215 FAX 303/235 -2857 September 7, 2000 Dear Property Owner: .1 i The City of Whe at R& This is to inform you that Case No. WZ -00 -11 which is a request for approval of a rezonin from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on September 21, 2000 at 7:30 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303 - 235 -2846 if you have any questions or desire to review any plans. Thank you. Planning Division. c:\ Barbara \PCRPTS \PLANGCOM\Pcnotice \WZ001 Lwpd i DA -4R =V V This is to inform you that Case No. WZ -00 -11 which is a request for approval of a rezonin from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on September 21, 2000 at 7:30 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303 - 235 -2846 if you have any questions or desire to review any plans. Thank you. Planning Division. c:\ Barbara \PCRPTS \PLANGCOM\Pcnotice \WZ001 Lwpd i DA -4R PUBLIC HEARING ROSTER No. Case No. WZ -00 -11 Date: September 21, 2000 Application by Tony Ficco for Legend Properties LLC for approval of a rezoning from R -2 and R -C to a PCD for the purpose of building a retail and service center. Location: 9751 West 44th Avenue. (Please Print) Address/Phone In Favor /Opposed CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: Sept. 21, 2000 DATE PREPARED: Sept. 13 CASE NO. & NAME: WZ- 00- 11/Legend Prop. CASE MANAGER: , M. Reckert ACTION REQUESTED: Rezone from Residential -Two and Restricted- Commercial to Planned Commercial Development LOCATION OF REQUEST: 9751 W. 44t Avenue NAME & ADDRESS OF APPLICANT(S): Legend Properties 3650 Vance Street, #1 Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: 1.89 Acres R -2 (northern 1.10 acres) and R -C (southern .79 acres) vacant N: R -2, S: C -1, E: C -1, R -3, A -1, W: R -2 SURROUNDING LAND USE: N: Pennington Elem., S: Commercial, residential; E: Commercial, residential, W: Commercial, residential COMPREHENSIVE PLAN FOR THE AREA: Village Center and Single Family not to exceed 6 dwelling units per acre DATE PUBLISHED: Sept. 1, 2000 DATE POSTED: Sept. 7, 2000 DATED LEGAL NOTICES SENT: Sept. 7, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS Q OTHER The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a zone change from Residential -Two and Restricted- Commercial to Planned Commercial Development on property located at 9751 W. 44' Avenue and for approval of a combined outline and final development plan. H. CASE HISTORY This property was subject to a request for zone change from R -2 and R -C to Planned Commercial Development pursuant to Case No. WZ- 99 -15. Planning Commission reviewed the request at public hearings held on January 6, and February 3, 2000. During the hearings, the Commission and the applicant discussed the issues of traffic, permitted uses, lighting, truck access, signage and cross access to the lot located to the west. The applicant agreed to all items of concern which the Commission identified and revised the plans accordingly with the exception of the inclusion of the following language regarding "similar uses ": "Any similar use which in the opinion of the Zoning Administrant, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the Planned Commercial Development and would be consistent with the intent of this PCD." See minutes included under Exhibits `A" and `B'. City Council reviewed the case at a public hearing held on March 27, 2000. The request was approved as modified during the public hearing, however, the mayor did not sign the ordinance, therefore, the zone change never took affect. See attached Exhibits `C' and `D' which are minutes from that meeting and a memo from the Mayor dated April 1, 2000. Regarding the determination of an appropriate "similar use ", there is a certain amount of interpretation involved based on the specific use and operation of the proposed business, the zoning on the subject property and the extent of potential impact to surrounding zoning and land use. In the past, this determination was left up to the discretion of the Director of Planning and Development. If a person was not satisfied with the Director's determination, an appeal of his decision could be filed with the Board of Adjustment. Based on the fact that these determinations can be very subjective, Ordinance No. 1200 was initiated and approved. This legislation, which became effective on July 10, 2000, establishes a formalized process for the determination of similar uses. See attached Exhibit `E'. M. OUTLINE AND FINAL DEVELOPMENT PLAN The applicant is requesting approval of a rezoning from R -2 and R -C to PCD and approval of a combined outline and final development plan. A subdivision plat separating this property from the land to the west was approved pursuant to Case No. MS- 99 -06. The proposed plan has the same basic physical layout as the plan presented in Case No. WZ- 99 -15, but with modified permitted land uses. Staff, in consultation with the city attorney, has determined that this application does not violate the provision that the same request for zone change cannot be submitted until after a year of final action. The development plan allows for a 30;000 square foot building (36.71% coverage) with 46.85 % coverage in parking and drives and 16.44% landscaped coverage. Access to the property is by way of two curb cuts on 44' Avenue with a drive around the building. The R -1 school district has requested the 6' high fence along the common property line (north side) to be chainlink, not solid. A solid, C high cedar fence is proposed along the eastern property line. This may have to be modified based on the location of the existing building to the east. Architectural materials for the building include concrete block with stucco and block bands as accents. The building will not exceed 22' in height. The proposed plan allows for uses not exceeding a total of 25% office space or retail /showroom and 75% warehouse or work space. No single tenant could have more than 25% of his lease space devoted to office or showroom space. The parking provided meets this land use break -down by applying the parking ratios appropriate for those general categories of use. The previous submittal listed permitted uses which were potentially high traffic generators and would end up exceeding the allocated parking (a liquor store or a sit -down restaurant, for example). Staff and the applicant have refined the list of allowed uses on the property to more appropriately target small service providers and limited or specialized retail sales. All of the uses which would potentially exceed the allocated parking were eliminated. Those uses eliminated include indoor flea markets, medical offices, liquor stores, clothing stores, drug stores and hobby stores. A cross- access area is shown at the very northwestern comer of the property. If and when the property to the west develops, a similar easement will be established allowing vehicular movement between the two properties by an alley -type arrangement. This will reduce the number of trips on 44' Avenue. Staff would recommend a note be added to the development plan indicating that the existing parking layout where this cross - access occurs may have to be somewhat designed to ensure a safe, efficient design. Staff concludes that the requirements for a combined outline and final development plan have been met. IV NEIGHBORHOOD MEETING A meeting for neighborhood input was held on August 16, 2000. There were no attendees from the surrounding neighborhood. See Exhibit `F' which is a synopsis of the meeting including the sign -up sheet. V. AGENCY REFERRALS All responding agencies can provide service to the property Building Department will require an additional handicapped parking space. Demister enclosures must be constructed of non - combustible materials. Arvada Fire Protection District will require the building to be sprinklered. The installation of an additional hydrant will be required. Valley Water District will require the installation of water mains and service lines will be required. Wheat Ridge Public Works Department has approved a drainage report as part of the previous submittal. The traffic engineer's concerns for the amount and type of traffic generated by the proposed development have been satisfied with the reduced list of permitted uses. He has requested review of the area where cross access will occur with the property to the west to ensure appropriate and safe design when that property develops. A sidewalk and signage easement will be required for maintenance of existing public improvements. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There is no error in the zoning map. The property currently has split zone designations of R -C and R -2. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. This property is located in close proximity to the northeast corner of 44" Avenue and Kipling and the large, undeveloped acreage (12.5 acres) know as the Chado property. Since this application precedes any other new commercial application in this area, it will set the standard for anticipated future development in and surrounding this larger parcel to the west. The Comprehensive Plan designates this general vicinity around the Chado property as Village Center with PRD (planned residential development not exceeding 16 units per acre). Staff will be encouraging mixed use developments at this location including retail sales tax generating uses although no specific land use applications are pending. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan shows the subject property as being Single Family up to 6 units per acre on the north half. The south half is designated as Village Center on the west portion and Single Family on the east portion. The Village Center designation considers appropriate uses to include small scale retail facilities, professional offices, professional services, medical offices, gas stations, restaurants and conference commercial and service establishments. The property directly to the east was subject to a zone change application (Case no. WZ -00- 01/Wineland) which consolidated zoning on the property to C -1. Staff concludes that the proposed rezoning would be consistent with the commercial designation but not the single family designation. Staff does not believe that single family development on this parcel would be appropriate. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Land uses around the property include motorcycle repair and sales, food sales, car sales, gas station, auto repair and multi- family residential. The Pennington Elementary playing fields abut the property to the north. The land uses listed as permitted by this PCD are similar and compatible with the surrounding commercial uses. Previous concerns expressed regarding traffic generation have been mitigated by the elimination of high traffic generating uses. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The City would capture sales tax from any retail sales occurring on the property. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies can provide service to the property with improvements constructed at the developer's expense. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Previous concerns of the traffic engineer have been alleviated by the elimination of high traffic generating uses. An approved drainage report will be required prior to the issuance of a building permit. The building will be limited to 22' in height which is not inconsistent with typical low density residential development, therefore, there should not be a serious reduction in the amount of light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently impacted by the existing split zoning which causes development on the site to be difficult. A rezoning to PCD would achieve uniform site development conditions. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Rezoning this property to Planned Commercial Development is in conformance with the commercial designation on the Comprehensive Plan. Land uses and zoning to the south and east are commercial in nature and compatible with the proposed zone change. Approval of this case will not create isolated or spot zoning. 10. 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 property is negatively impacted by the existing zoning of R -2 and R -C. Approval of the zone change will remedy the split zoning and allow the property to be developed in a uniform and planned manner. Proposed land uses listed include those which would provide products and services consistent with the Comprehensive Plan and appropriate to this location. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the existing zoning on the property has impacted the developability of it and that the PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. Staff further concludes that the proposal has been modified to more accurately reflect appropriate land uses given the parking restraints. Because all of the requirements of a Planned Commercial Development combined outline and final development plan have been met, a recommendation of approval is given with the following conditions added to the final development plan: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the 44' Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops. 4. An additional handicapped parking space be provided. 5. A sidewalk and signage easement be provided for maintenance of the public improvements by the city. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 00 -11, a request for a zone change from Residential -Two and Restricted - Commercial to Planned Commercial Development and for approval of a combined outline and final development plan on property located at 9751 W. 44' Avenue, be recommended for APPROVAL for the following reasons: 1. The existing zoning has affected the developability of the parcel. 2. The PCD zoning and permitted land uses are consistent with the Village Center designation on the Comprehensive Plan. 3. The proposal has been modified to more accurately reflect appropriate land uses. 4. All requirements for a Planned Commercial Development combined outline and final development have been met. With the following conditions: 1. All rooftop mechanical equipment be screened from view. 2. Two additional street trees be provided along the 44' Avenue frontage. 3. A note be added regarding the redesign of the parking and drive layout relative to the cross - access easement when the property to the west redevelops. 4. An additional handicapped parking space be provided. 5. A sidewalk and signage be provided for maintenance of public improvements by the city." Option B: "I move that Case No. WZ- 00 -11, a request for a zone change from Residential -Two and Restricted - Commercial to Planned Commercial Development and for approval of a combined outline and final development plan on property located at 9751 W. 44 Avenue, be DENIED for the following reasons: 1. 2. 3." e: \planning \forms\report e: \planning \forms\reptcovr OFFICIAL ZONING MAP NHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: March 19, 1999 AREA RECUIRING 517E PLAN APPROVAL ICO -YEA2 P -OOD 7- (APPROXIMAic LOCATICN) ZONE D129 - M T 5CUNDRY PARC`' -/LOT 5CUNDRY VE51C-NATE6 CWNER51-1IP) - - - - -- WATER FEATURE • DEN0725 MUL71P o ADDRE55c5 NN 22 0 -CAL? 1 - rC0 G9AQTK.Nr 6.1A"A* Mo oeAjCgNryt . 231_2552 E. H1817 'A 1. A 22 -foot cross access easement will be provided between the northwest corner of Lot 1 and the northeast corner of Lot 2 and will be shown on the plat with standard cross access easement language approved by the city attorney. 2. A 5% park land dedication will be required unless the Parks Commission proposes an alternative to the required park dedication. 3. The language regarding utility easements requested by Public Service be shown on the plat. 4. The plat will show contours, as required by the subdivision regulations. 5. The drainage plan which has been submitted will be made a part of the subdivision and recorded with it. 6. An easement, as defined by state statute and Wheat Ridge subdivision regulations sufficient for drainage and to allow for maintenance of the ditch and as approved by the Oulette Ditch Company, will be shown on the subdivision plat. The motion passed by a vote of 7 -0 with Commissioner GOKEY absent. (Chair MACDOUGALL declared a brief recess at 8:55 p.m. The meeting was reconvened at 9:10 P.M.) ; B. Case No. WZ- 99 -15: Application by Legend Properties, LLC, for approval of a zone change from Residential -Two and Restricted- Commercial to Planned Commercial District (PCD) for the purpose of developing a commercial building for small businesses located at 9751 West 44th Avenue. This case was presented by Martin Omer. He reviewed the staff report and presented slides and overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Mr. Omer advised the Commission that there was jurisdiction to hear the case. Staff recommendation was for approval of the application with conditions as outlined in the staff report. Commissioner COLLINS pointed out an error on the subdivision plat previously approved by the Commission this evening. There is a small strip that is shown as R -2 but should be C -1. Commissioner THOMPSON expressed concern about the type of traffic that would be generated by this development, especially the generation of semi traffic and indicated she would like to have a condition that no semi traffic could service this development at any time. She also expressed concern about traffic circulation and whether or not there would be room for vehicles to pass by a parked vehicle if there were two -way traffic circulation. She was also concerned about the lack of an accel/decel lane. She didn't want to see the residential neighborhood impacted by traffic. Planning Commission Page 4 January 6, 2000 Commissioner BRINKMAN expressed concern that, based upon the decision by the Parks Commission, everything approved this evening could have to be redesigned. She also expressed concern about reviewing such a large number of changes and conditions that could leave room for error. In response to a question from Commissioner COOPER, Mr. Omer stated that vacancy rates for these types of developments are very low. Commissioner THOMPSON expressed concern about the uses nearest residential development such as open overhead doors and fumes from idling trucks, etc. Tony Ficco 12425 West 38th Avenue Mr. Ficco was sworn -in by Chair MACDOUGALL. Concerning the types of businesses facing the residential neighborhood, he stated there was no representative from the adjacent neighborhood at the neighborhood meeting. He also noted that the neighborhood is extremely run down and could be a detriment to his business in attracting tenants. In regard to zoning, he said the R -2 zoning is to the west and the R -C is where the former Thunderbird Garage was located. In figures from other similar developments, the traffic average is 1 person per 1000 square feet; therefore, with a total of 16 stalls planned, the automobile impact would be very minimal. He also stated that he would change all of the overhead doors to glass to enhance the appearance of the development. Regarding drainage concerns, retention ponds have been designed sd no water, other than the historical rate, will leave the property. He requested that the names of the occupants be permitted on the monument sign in front of the building. Commissioner THOMPSON asked Mr. Ficco if he would be opposed to one - way -in and one- way -out traffic circulation. Mr. Ficco replied that staff was of the opinion that two -way traffic flow would work better and that the two -way traffic plan has worked very well in other locations. In reply to a question from Commissioner THOMPSON, Mr. Ficco stated that he would be agreeable to whatever the Planning Commission -decided about lighting on the property. He also stated that signage for the individual businesses would be uniform. Commissioner THOMPSON asked if Mr. Ficco would be opposed to a restriction on semi traffic. He replied that he would be agreeable to a condition that no semi's be allowed to park overnight; however, tenants need to have the ability for occasional semi deliveries and such a restriction would make his development less desirable to prospective tenants. He noted that the overhead doors are not designed to fit semi's. He indicated that should semi's become a problem, he would ask the tenant to move. It was the consensus of the Commission to address each of the permitted principal uses as outlined in the PCD. The following changes were made and agreed to by the applicant: Planning Commission Page 5 January 6, 2000 (1) "All uses permitted in the restricted commercial district as permitted principal uses" shall be eliminated. (3) Eliminate "banks" and leave "loan and finance offices." (4) "Clinics for psychological, social or marital counseling..." shall be eliminated in its entirety. (5) "Commercial Machine Shops" will stay; however, Commissioner BRINKMAN requested that all overhead doors remain closed during business hours except for deliveries. (6) Eliminate "community buildings, YMCA's, YWCA's, libraries." (7) Liquor store shall remain with a condition that it be located in the front of the development. Commissioner COLLINS noted that it was 11:00 p.m. and suggested continuing the hearing due to the lateness of the hour. Commissioner THOMPSON moved and Commissioner BRINKMAN seconded that the meeting be continued past 11:00 p.m. and the matter of continuation be reviewed at 11:30 p.m. The motion passed by a vote of 6 to 1 with Commissioner COLLINS voting no and commissioner GOKEY absent. Review of the uses continued: (12) Eliminate "drive -in restaurants" and allow only one restaurant. (14 -A) "Ambulance Services' shall be eliminated. (14 -B) Commissioner SNOW expressed concern about paint associated with sign making and silk screening which are more appropriate as an industrial use. Alan White stated that his interpretation of this use would be similar to Kinko's and not a sign fabrication shop. (14 -C) Insert the words "with no outside storage" following the words "equipment rental agencies." (14 -G) "Laundries and dry- cleaning shops" shall remain with the condition they be limited to the west side of the development. (15 -0) "Delicatessens" shall be limited to no more than one in the development. (15 -P) "Department stores" shall be eliminated. "Variety stores" shall remain. (15 -R) "Dry good stores" shall be eliminated. (15 -X) "Grocery Stores" shall be eliminated. (15 -Y) "Hardware Stores" shall be changed to "Hardware Supplies." (15 -EE) "Liquor stores (sale by package) shall be eliminated. (15 -GG) "Locksmith Shops" shall be eliminated. . (15 -HH) "Meat, poultry or seafood stores" shall be eliminated" (154J) "Newsstands for the sale of newspapers, magazines, etc." shall be eliminated. (15 -KK) "Notions Stores" shall be eliminated. (15 -00) "Pet Stores" shall be changed to "Pet Supply Stores." Planning Commission Page January 6, 2000 (17) "Any similar use which... fires or explosion" shall be eliminated in its entirety. (17 -13) No's. 1, 2, and 3 under this item shall be eliminated in their entirety. (17 -C -3) This item shall be entitled "Conditions" with the following conditions listed: Condition No. 1 - No excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties. Condition No. 2 - No outside storage. Condition No. 3 - Stocking of items intended for use or sale upon the premises is permitted; however, warehousing is prohibited. Condition No. 4 - Wholesale sales of any item offered at retail on the premises, where wholesale is ancillary to the primary retail use is permitted. Commissioner THOMPSON moved and Commissioner COOPER seconded that the meeting continue past 11:30 p.m. in order to complete the list of uses and allow for questions from the Commission before continuing the matter to another meeting. The motion carried by a vote of 6 -1 with Commissioner BRINKMAN voting no and Commissioner GOKEY absent. Commissioner THOMPSON requested that before the case is heard again, staff reach an agreement with the applicant regarding the monument sign and the individual building signs, the need for accel /decel lanes, the traffic circulation pattern, lighting on the property, and protection from semi traffic for residential neighborhood to the east. She also asked that, under "Recommended Motion" on page B -7 of the staff report, the words "A -1, Agriculture" be changed to "R -2 and R -C ". Chair MACDOUGALL asked if there were others present who wished to address this matter. Carol Oman had signed the public hearing roster but indicated she did not want to speak at this time. In response to a question from Commissioner COLLINS, Mr. Ficco stated that he plans to remove the 4 -foot chain link fence and replace it with a 6 -foot solid fence. If the school to the north wishes to retain the 4 -foot chain link fence, Mr. Ficco would build the 6 -foot solid fence anyway. Commissioner SNOW moved and Commissioner COLLINS seconded that Case No. WZ -99 -15 be continued to February 3, 2000. The motion passed by a vote of 6 -1 with Commissioner BRINKMAN voting no and Commissioner GOKEY absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the Commission reconsider Case No. MS -99 -06 due to the fact that there was an error on the subdivision. The motion passed by a vote of 7 -0 with Commissioner GOKEY Planning Commission January 6, 2000 absent. Commissioner SNOW moved and Commissioner COLLINS seconded that the previous approval of MS -99 -06 be amended to correct the labeling of the adjacent zoning on the plat (the property closest to 44th Avenue presently shown as R -2 should be labeled C- 1) and that the existing building be shown with an outline as well as the setback to the property line. The motion passed by a vote of 7 -0 with Commissioner GOKEY absent. 8. CLOSE THE PUBLIC HEARING Chair MACDOUGALL declared the public hearing portion of the meeting to be closed. 9. OLD BUSINESS A. Property at 35th and Wadsworth - Commissioner BRINKMAN inquired about the status of the applicant's appeal to City Council on this property. Alan White stated that this mattes has not yet been heard by City Council. Since the code does not set forth a method for the appeal process, an ordinance is scheduled to be heard by City Council on first reading on Monday, January 10. Commissioner BRINKMAN requested that the minutes of the Planning Commission meeting on this matter be included as part of the staff report that goes to City Council. 10. NEW BUSINESS A. Group Homes for Sex Offenders - Commissioner THOMPSON asked if this issue needs to be revisited. Alan White stated thai the City Councilman from District I wants to review group home matters and homes for sex offenders will be addressed at that time. 11. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no reports. 13. ADJOURNMENT It was moved by Commissioner COOPER and seconded by Commissioner COLLINS that the meeting be adjourned at 11:56 p.m. The motion passed unanimously. Don MACDOUGALL, Chai,. - Ann Lazzeri, Recording Secretary Planning Comrnission Page 8 January 6, 2000 �cHrBr7 x.13' CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting February 3, 2000 CALL THE MEETING TO ORDER: The meeting was called to order by Chair MACDOUGALL at 7:30 p.m. on February 3, 2000 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Jerry Collins Paulette Cooper Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Alan White, Planning Director Martin Omer, Economic Development Specialist/Planner Mary Austin, Planner Ann Lazzeri, Secretary The following is the official set of Planning Commission minutes for the public hearing of February 3, 2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to approve the order of the agenda as presented. The motion passed by a vote of 8 -0. 5. APPROVAL OF MINUTES It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to approve the minutes of January 20, 2000. The motion passed by a vote of 7 -0, with Commissioner COLLINS abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. WZ -99 -15 (continued from January 6.2000) Application by Legend Properties, LLC, for approval of a zone change from Residential -Two and Restricted - Commercial to Planned Commercial District (PCD) for the purpose of developing a commercial building for small businesses located at 9751 West 44th Avenue. The January 6, 2000, meeting was continued to allow staff and the applicant to research some unresolved issues which were identified in the hearing. Mr. Omer reviewed each of these issues as outlined in the staff report. Mr. Omer presented copies of a letter from the school district which stated the district was in favor of the existing six -foot chain link fence along. the applicant's northern property line. This letter was entered into the case file. Mr. Omer presented slides from January 6, 2000 at the request of Commissioner GOKEY who was unable to attend the hearing that evening. In response to a request from Commissioner SNOW, Alan White pointed out the Village Commercial designations on the Comprehensive Plan map. Commissioner SNOW asked if Public Works believed the subject area should be included in a Transportation/Circulation Master Plan. Martin Omer stated that when the adjacent property, referred to as Chado, is considered for development approvals, a circulation master plan will be required for the property at that time. Commissioner BRINKMAN referred to discussion at the previous hearing about requesting landscaping requirements in excess of 18% and asked if this matter had been discussed with the applicant. Mr. Omer replied that the applicant would address this issue later in the meeting. Commissioner BRINKMAN asked if there would be an issue in removing item one from the list of permitted land uses. Alan White stated that his recollection was that item one was removed at the last meeting and his recommendation would still stand that it be removed. Tony Ficco 12425 West 38th Avenue Mr. Ficco, the applicant, was sworn by Chair MACDOUGALL. He addressed the following concerns expressed by the Commission: Si2naee Mr. Ficco stated his desire to restrict signage to 25% of the glass area in the office portion of the units. If a tenant chooses to have glass in place of the metal delivery door, no signage would be allowed in that glass area. In addition, there would be allowance for signage in the 18 -inch facade above the door. Li hg tine Mr. Ficco plans to have six outdoor lights. Those on the west side of the building would be mounted at the top to shine downward. O the lighting on the east (adjacent to the residential properties), two would be installed on the ground to shine upward toward the building and one on the south end would be building mounted. A ground mounted light would shine on the monument sign. Truck delivery impacts on area to the east Mr. Ficco stated that his plan calls for a 56 -foot setback from the property line which far exceeds the 15 -foot setback requirement. The 10 -foot doors would also preclude large delivery trucks from backing in for deliveries. Regarding semi truck traffic, he indicated he would be agreeable to increasing the driveway apron radius from 15 feet to 20 feet. Planning Commission Minutes Page 2 February 3, 2000 Commissioner SNOW stated that her previous comment about buffering for the residential area to the east was more in reference to trucks driving through and the small amount of landscaping in the buffer area. Mr. Ficco responded that in addition to a 6 -foot solid fence, he has planned for landscaping in excess of the requirements. The code requires 10% landscape while his plan provides for 16.44 %. Mr. Omer suggested that a few trees planted in the 6 -foot landscape area could serve to further buffer the residential area. Mr. Ficco stated that he could transfer a 1 -1/2" caliper tree from another part of the property to the buffering area. Fencing - Mr. Ficco stated that he originally thought the chain link fence on the northern property line was 4 feet in height; however, the actual height of the fence is 6 feet. He contacted the school district about the fence and they responded with a letter (earlier entered into the case file) indicating their desire to retain the 6 -foot chain link fence. There will be 6- foot wooden fences on the east and the west. In response to concerns about traffic circulation when the adjacent property is developed, Alan White stated that staff would analyze, traffic circulation patterns in relation to the specific type of development planned for the property at the time of development. Commissioner COLLINS noted that the drawing shows cedar fences on both sides of the trash enclosures; however, the Arvada Fire Department had requested noncombustible material for the enclosures and doors. Martin Omer stated that the plan would be corrected to require the noncombustible materials. Commissioner COOPER expressed concern regarding trucks parking in the drive aisle parallel to the building and, while traffic could still circulate past the parked truck, cars could be prevented from exiting their parking spaces. It was the consensus of the Commission that this would be a self managed situation. For instance, if customers complain to the owner of the business, the owner could request the truck to move. Chair MACDOUGALL asked if there were any other individuals present who wished to address this matter. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY that Case No. WZ- 99 -15, a request for approval to rezone 1.10 acres from R -2 Residential and 0.79 acres zoned R -C, Restricted Commercial to PCD, Planned Commercial Development, be recommended to the City Council for approval for the following reasons: 1. The rezoning to Planned Commercial Development is generally consistent with the City's Comprehensive Plan. 2. The proposed land uses and the development criteria of the Planned Commercial Development meet the standards of other commercial zone designations in the City. Planning Commission Minutes Page 3 February 3, 2000 3. Approval of this application will eliminate a pre - existing split zoning situation on this property. With the following conditions: 1. The corrections noted in the staff report on page 4 shall be made to the outline and final development plan. 2. The delivery apron radius be increased to twenty feet per recommendation of the Public Works Department. 3. No more than 25% of the glass frontage may be covered by additional signage. If the overhead doors are replaced with glass, no signage will be allowed on these glass areas. 4. A minimum of four additional trees shall be added in the landscape buffer to the east. 5. The correction be made, which was already voted on, to remove the words "all uses permitted in the RC district as permitted principal uses "; and the staff will check the tape of the January 6, 2000 meeting to make sure all the uses are as approved at that hearing. The motion passed by a vote of 8 -0. Chair MACDOUGALL declared a brief recess at 8:40 p.m. The meeting was reconvened at 8:47 p.m.) B. Case No. WZ- 99 -16: Application by Ted Prythero for approval of a final development plan for Lot 1 of the Onyx Park Development for the purpose of building an 18,000 square foot, two -story professional office building located at 10055 West 43rd Avenue. This case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Ms. Austin advised the Commission that there was jurisdiction to hear the case. Staff recommended approval with a condition that the mechanical unit on top of the building be screened. Commissioner BRINKMAN asked if it was necessary to call in the ditch company with this lot. Ms. Austin replied that a referral was not necessary. Commissioner THOMPSON inquired about the requirement for semi -flat roof. Mr. White replied that it was most likely an attempt to make the development blend in with the residential area. Commissioner SNOW asked for an explanation about a discrepancy in the amount of required landscaping. Ms. Austin believed that 25,828 square feet was the correct figure; however, the applicant would verify the correct figure. Planning Commission Minutes Page 4 February 3, 2000 1 =^-n l $ IT ` G ' CITY COUNCIL MINUTES: March 27, 2000 Page - 3 - Bob Olson, Wheat Ridge Historian, was sworn in by the Mayor; he referred to his memo written in 1998, which is part of the attached staff report. He distributed his memo from March 23, 2000, which refers to additional information concerning the early history of this property. Mr. Olson could not say if the Jaidinger house was or was not the old Cort house. Motion by Mrs. Worth to postpone this until Meryl Wilson comes out and conducts a more thorough investigation of this house to find out if it was built in 1860 or not; seconded by Mrs. Shaver. Motion by Mr. Siler for an amendment that the information be brought back to Council no later than May 8; seconded by Mr. Edwards; tied 4-4 with Councilmembers Edwards, Shaver, Worth, and Figlus voting no. Mayor broke the tie by voting no. Amendment failed 5 -4. Original motion carried 6 -2 with Mr. Edwards and Mr. DiTullio voting no. Mr. Edwards stated that there is no information at this time to show that this building is any older than 1905; further the architect states that remodeling would be prohibitive and where will the money come from to restore this building. Mr. DiTullio agrees with Mr. Edwards; there are many other important projects that need to be done in this City; he will not support spending any money on this structure. Item 2. Council Bill 08 -2000 - An Ordinance providing for the approval of a rezoning from Residential -Two and Restricted Commercial to Planned Commercial Development for property located at 9751 West 44 Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 99 -15) Council Bill 08 -2000 was introduced on second reading by Mrs. Worth, who also read the title and summary; Clerk assigned Ordinance No. 1187. Applicant Tony Ficco, asked for approval of his application for rezoning. He would like to see a variety of small shops in the development. Meredith Reckert presented the staff report. Motion by Mrs. Worth to approve Council Bill 08 -2000, Case No. WZ- 99 -15, an application to re -zone 1.10 acres from R -2, Residential and .79 acres zoned R -C, Restricted Commercial, to PCD, Planned Commercial Development, and for outline, preliminary and final development plan approval, be approved for the following reasons: CITY COUNCIL MINUTES: March 27, 2000 Page - 4 - 1. The rezoning to Planned Commercial Development is generally consistent with the City's Comprehensive Plan. 2. The proposed land uses and the development criteria of the Planned Commercial Development meet the standards of other commercial zone designations in the City. 3. Approval of this application will eliminate a pre- existing split zoning on this property. With the following conditions: Prior to signatures and recordation of the PCD, the Planned Commercial Development shall be revised as follows: 1. Make revisions as recommended in Section IV of the Staff Report 2. Delete the following principal uses from sheet one: those uses listed as (2), (3), (4), (5), (6), (8), (9), (10), (11), (12)(C) 3. Amend permitted principal use 14(I) to read: "BUTCHER SHOPS AND FOOD LOCKERS" 4. Add as a principal permitted use 14(RR): "CLOTHING STORES" 5. Amend principal permitted use 14(0) to read: "ONE DELICATESSEN, LIMITED TO SEATING FOR NO MORE THAN TEN (10) PERSONS." 6. Reverse order of text for items (15) and (16) 7. Add additional item under (new) (16), SPECIAL USES, as follows: (3) COMMERCIAL MACHINE SHOPS" 8. Amend sheet two as follows: (1) the drive aisle north of the building to be widened to staff satisfaction. (2) All areas with plant materials to be irrigated. 9. The owner shall be and remain responsible for ensuring that truck deliveries of goods to the property do not create traffic congestion on drive aisles, parking areas or adjacent streets. Motion seconded by Mr. DiTullio. Motion by Mr. Edwards for an amendment to the Motion that if there is a similar use that is not enumerated on this, that it would go back through the public process that the Zoning Administrator would not have the authority to decide if it is a similar use; therefore delete Item (16) which states any similar use which in the opinion of the Zoning Administrator or, upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in this planned commercial development and would be consistent with the intent of this PCD; seconded by Mr. Siler; carried 7 -1 with Mr. Hanley voting no. Motion by Mrs. Shaver for an amendment to the Motion that perimeter landscaping strips be living plant material; Motion died for lack of second. CITY COUNCIL MINUTES: March 27, 2000 Page - 5 - Motion by Mrs. Shaver for an amendment to the Motion that some scrubs be placed along the north perimeter of the development; seconded by Mrs. Worth; failed 5-4 with Mr. Siler, Mr. DiTullio, Mr. Mancinelli and Mr. Hanley voting no; the Mayor broke the tie by voting no. Original Motion as amended carried 8 -0. Item 3. Council Bill 09 -2000 - concerning the filling of vacancies on Boards and Commissions. Council Bill 09 -2000 was introduced on second reading by Mr. DiTullio, who also read the title and summary; Clerk assigned Ordinance No. 1189. Motion by Mr. DiTullio for approval of Council Bill 09 -2000, an ordinance concerning the filling of vacancies on board and commissions, on second reading and this ordinance take effect 15 days after final publication; seconded by Mr. Edwards. Mr. Mancinelli will vote against this Council Bill because he feels it will create more problems between Councilmembers. Amendment by Mr. Siler to add to Section 2.(e) at the end of the paragraph, "no appointee serving in another district's position can be replaced during mid -term, unless one of the conditions sited above applies.'; seconded by Mr. Mancinelli; carried 5 -3 with Councilmembers Shaver, Worth and Figlus voting no. Original motion with amendment carried 5 -3 with Councilmembers Hanley, Worth and Mancinelli voting no. ORDINANCES ON FIRST READING Item 4. A. Council Bill 10 -2000 - An Ordinance repealing Section 25 -25 of the Wheat Ridge Code of Laws concerning the Economic Development and Revitalization Commission. Council Bill 10 -2000 was introduced on first reading by Mr. Edwards; title and summary read by the Clerk. Motion by Mr. Edwards to approve Council Bill 10 -2000, order it published in full and set for public hearing on April 10, 2000 at 7:00 p.m. in the City Council Chambers; seconded by Mr. Siler; carried 8 -0. EJc-N /r3/r `tY TO: Wheat Ridge City Council FROM Mayor Gretchen Cerveny DATE April 1, 2000 This is your official notification that I am vetoing Council Bill # 08 -2000 (Case No. WZ- 99 -15) which Council passed on Monday March 27, 2000. I was troubled by Council's actions Monday night. When I received the amended bill, I found that in good conscience I could not sign it. I feel that, as amended, it is not in the best interests of the citizens of Wheat Ridge. It creates a hardship for the man or woman who would like to create a small startup business It sends the message that Council does not want the business to locate in Wheat Ridge. . As amended, it takes away the vested rights of the land owner Council Bill #08 -2000 requires the business owner to appear before Planning Commission as well as City Council for any business not on the list approved by Council. Experts say that 30% to 40% of the jobs or businesses of the year 2005 don't even exist now. In my experience, no small business man or woman has either the time nor the money to spend three months doing this. When business wants to come into Wheat Ridge we should be asking "How can we help you succeed? " not give them more government hoops to jump through. Council Bill #08 -2000, as amended, takes away many of the uses allowed in the current RC zoning. I will hand deliver this notice to your home as well as fax it to you. I plan to call each of you to alert you to look for my notice. ps: I realize the date is April V. This is not an April Foot joke!! cc: Valerie Adams, City Manager Wanda Sang, City Clerk Jerry Dahl, City Attorney Anthony Ficco, landowner Alan White, Director of Planning Laptop: Q GC- City -VETO April 1, 2000 Page 1 of 1 INTRODUCED BY COUNCIL MEMBER n; T„ i i ; Council Bill No. 20 Ordinance No. 120 Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26 -25 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SIMILAR USES IN PLANNED DEVELOPMENT DISTRICTS. WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a process for determining allowable similar uses in planned development zone districts; and WHEREAS, the Wheat Ridge City Council desires to create a process for determining which similar uses shall be allowed in any planned development zone district within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26 -25 (IV) of the Code of Laws is hereby amended with the addition of the following new Section 26 -25 (IV) (C): (C) Similar Uses: (1) Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development, (b) be consistent with the intent of the planned development, (c) not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and (d) not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. (2) Similar Use Determination Process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: (a) The zoning administrator shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of this ordinance. (b) If no written objection to the proposed similar use is received and the zoning administrator finds that the proposed similar use meets the definition of similar use contained in Section (C)(1) above, the zoning administrator is authorized to approve the similar use. . (c) If a written protest objection is received or if the zoning administrator finds that the definition of similar use does not apply, the zoning administrator shall forward the determination request to the Board of Adjustment at a public hearing. Notice of said hearing shall be as provided in Section 26 -6 (F)(1). (3) Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. Section 2. 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 3. 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, such judgment shall not affect application to other persons or circumstances. Section 4. 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 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to e on this 26th day of ,Tune , 2000, 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 July 10 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 'this 10th day of July 2000. SIGNED by the Mayor on this 111 ATTEST: Wanda Sang, City Clerk ATTORNEY 1st Publication: June 30, 2000 2nd Publication: July 14, 2000 Wheat Ridge Transcript Effective Date: July 29, 2000 E1PlanningTORMS\ similar uses.wpd EXMrBrr 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Whe Ridge FAX 303/235 -2857 DATE: S — A0 —00 1 12. CITY STAFF PRESENT: A111CC Cr, LOCATION OF MEETING: C-1 PROPERTY ADDRESS: 9 W. I kF' PROPERTY OWNER(s): 7 y Al C C0 PROPERTY OWNER(s) PRESENT? Yes _A_No Applicant(s): 1111"446� Existing zoning: P Z- ) t? -C Comp Plan Designation: Pi ct -AG6 G &> -7Y7z. Existing use /site conditions: _ V4-_c.4W 7 Applicants proposal: 7Z&-Zz)A1EE 7 ,PC •ft C c i/J G ¢J xJ S e I% 50 O y y .S�EU d L - le�-17 c cf� f oe-yl G6 o-J t Tu 4 i L c-A e5 6 IZT?'ZA &5 Attending parties of interest: (See attached sign -up list) Issues discussed: A1_0 P_�, oe'AJ75 , 4- rMAJOGO EARecken\neighmeeting recap.wpd NEIGHBORHOOD MEETING AUGUST 16, 2000 SIGN -IN PLEASE PRINT NAME Name Address 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Phone 3 `133 (049 E -Mail 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Whe at Ridge FAX 303/23!r2857 X 53. � September 7, 2000 Dear Property Owner: This is to inform you that Case No. WZ -00 -11 which is a request for approval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on September 21, 2000 at 7:30 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and /or submit written comments. Please contact the Planning Division at 303 - 235 -2846 if you have any questions or desire to review any plans. Thank you. 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: : L _ k 00 W aaw § LL§ § \ br a z §/k } / --------- - - - - -* Owner :Jefferson Av Community Methodist Church Parcel :012299 Site :4425 Kipling St Wheat Ridge 80033 Xfered :09/19/1969 Mail :4425 Kipling St Wheat Ridge Co 80033 Price Use :9159 Exempt,Church,Land Phone - :303- 424 -0463 Bedrm: Bath: TotRm:l YB:1960 Pool: B1dgSF:11,199 Ac *4.90 * ---------------------------- - MetroScan / Jefferson (CO) •---- - - - - -- Owner :Knowlton Max W Parcel :042810 Site :4471 Kipling St Wheat Ridge 80033 Xfered :08/10/1998 Mail :4471 Kipling St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303- 421 -4471 Bedrm:2 Bath:1.00 TotRm: YB:1942 Pool: B1dgSF:1,322 Ac:.36 * ---------------------------- ; MetroScan / Jefferson (CO) • ---------------- Owner :Frens Kenneth H Parcel :042894 Site :4390 Kipling St .Wheat Ridge 80033 Xfered :06/13/1979 Mail :9615 Grandview Ave Arvada Cc 80002 Price :$137,500 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1977 Pool: H1dgSF:2,688 Ac:.21 * - - -- ----- - - - - -: MetroScan / Jefferson (CO) :--------- - - --- -* Owner :Spensieri Cara L Parcel :042946 Site :9680 W 44Th Ave Wheat Ridge 80033 Xfered :10/29/1993 Mail :8763 W 67Th Ave Arvada Co 80004 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1979 Pool: B1dgSF:5,500 Ac:.60 * ---------------------------- • MetroScan / Jefferson (CO) :--------- - - - ---* Owner :Moore Eugene E Parcel :043340 Site :4330 Jellison St Wheat Ridge 80033 Xfered :09 /28/1988 Mail :4330 Jellison St Wheat Ridge Co 80033 Price :$85,000 Use :1112 Res,Improved Land Phone :303 - 431 -5717 Bedrm: Bath:1.00 TotRm: YB:1973 Pool: B1dgSF:1,792 Ac: *----------------------- - - - - -• MetroScan / Jefferson (CO) • ------- -- - - -- — -* Owner :Wineland Marty R;Carberry Paul F Et Al Parcel :043342 Site :9707 W 44Th Ave Wheat Ridge 80033 Xfered :09/13/1999 Mail :5055 Lowell Blvd Denver Co 80221 Price Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.50 TotRm: YB:1955 Pool: B1dgSF:1,494 Ac:.11 *------------ - - - - -- • MetroScan / Jefferson (CO) • ---------------- Owner :Jenkins Laura M Parcel :043343 Site :9715 W 43Rd Ave Wheat Ridge 80033 Xfered :07/06/1993 Mail :9715 W 43Rd Ave Wheat Ridge Cc 80033 Price :$80,000 Use :1112 Res,Improved Land Phone :303- 456 -9669 Bedrm:3 Bath:1.50 TotRm: YB:1954 Pool: BldgSF:1,240 Ac: * ---------------------------- • MetroScan / Jefferson (CO) :------- ---- --- - -* Owner :Edmiston John H Parcel :043344 Site :4295 Kipling St Wheat Ridge 80033 Xfered :04/14/1995 Mail :7655 S Cook Way Littleton Co 80122 Price :$105,000 Use :2112 Com,Improved Land Phone - Bedrm: Bath: TotRm:l YB:1996 Pool: B1dgSF:7,450 Ac:.78 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Coverdale Joe Parcel :043345 Site :4340 Iris St Wheat Ridge 80033 Xfered :08/30/1982 Mail :3010 Depew St Wheat Ridge Cc 80214 Price Use :1112 Res,Improved Land Phone :303- 238 -6589 Bedrm:4 Bath:1.75 TotRm: YB:1958 Pool: B1dgSF:1,404 Ac: *----------------------- - - - - -• MetroScan / Jefferson (CO) : ------ - - ---- - -* Owner :Hutt Michael A Parcel :043350 Site :4365 Iris St Wheat Ridge 80033 Xfered :02/28/1989 Mail :4365 Iris St Wheat Ridge Co 80033 Price :$46,000 - Use :1112 Res,Improved Land Phone :303- 422 -0257 Bedrm:2 Bath:1.00 TotRm: Y3:1952 Pool: B1dgSF:750 Ac: * ---------------------------- • MetroScan / Jefferson (CO) :-------------- - Owner :O'Magick Terry O Parcel :043352 Site :9918 W 44Th Ave Wheat Ridge 80033 Xfered :04/20/1999 Mail :9918 W 44Th Ave #9920 Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm:2 Bath:2.50 TotRm: YB:1953 Pool: B1dgSF:2,064 Ac:.28 �S S7 The Information Provided Is Deemed Reliable, But is Not Guaranteed. *--------------------- - - - - -- ; MetroScan / Jefferson (CO) '-------- --- - -- - -* Owner :Sports O Rama Ltd Parcel :043356 Site :9701 W 44Th Ave Wheat Ridge 80033 Xfered :02/01/1993 Mail :9701 W 44Th Ave Wheat Ridge Co 80033 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1925 Pool: B1dgSF:2,480 Ac:.42 * ----------------------- - - - - - • MetroScan / Jefferson (CO) '----- ----- - - - - - -* Owner :Cluck James C Parcel :043368 Site :9890 W 44Th Ave Wheat Ridge 80033 Xfered Mail :9890 W 44Th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303- 424 -2558 Bedrm:2 Bath:1.00 TotRm: YB:1924 Pool: B1dgSF:1,014 Ac:.99 * ----------------------- - - - - - : MetroScan / Jefferson (CO) '--------- -- - - ---* Owner :Coffey Stewart J Parcel :043369 Site :4355 Iris St Wheat Ridge 80033 Xfered Mail :8265 E Southern Ave #162 Mesa Az 85208 Price Use :1112 Res,Improved Land Phone :602- 373 -7417 Bedrm: Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:750 Ac: ----------------------------- : MetroScan / Jefferson (CO) '----- ----- - -----* Owner :Mcsheehy Paul E Parcel :043382 Site :4360 Jellison St Wheat Ridge 80033 Xfered :06/24/1982 Mail :4360 Jellison St Wheat Ridge Cc 80033 Price :$78,000 Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.00 TotRm: YB:1924 Pool: B1dgSF:1,798 Ac:.50 *--------------- - - - - -- • MetroScan / Jefferson (CO) '------- ---- - --- -* Owner :Haas James Parcel :043384 Site :9840 W 44Th Ave Wheat Ridge 80033 Xfered Mail :PO Box 1811 Wheat Ridge Cc 80034 Price Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:2 YB:1953 Pool: B1dgSF:5,618 Ac:l.11 * -- - - -- - - - - -• MetroScan / Jefferson (CO) '---------- --- - - -* Owner :Hodapp Robert M Parcel :043389 Site :9705 W 43Rd Ave Wheat Ridge 80033 Xfered :04/20/1994 Mail :9705 W 43Rd Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303- 431 -0615 Bedrm:2 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF:792 Ac: * ---------------------------- • MetroScan / Jefferson (CO) '----------- - - ---* Owner :New Clear Creek L1c Parcel :043403 Site :4251 Kipling St Wheat Ridge 80033 Xfered :03/24/1999 Mail :1905 Sherman St #750 Denver Cc 80203 Price :$5,000,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1981 Pool: B1dgSF:81,750 Ac:3.23 * - - -- - - - - -• MetroScan / Jefferson (CO) '----------- - ----* Owner :Emmack Kathryn J Parcel :043405 Site :4310 Iris St Wheat Ridge 80033 Xfered :04/13/1998 Mail :4310 Iris St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303 -420 -8929 Bedrm:2 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF:768 Ac: * - - - - -- - - -- • MetroScan / Jefferson (CO) '-------- --- --- - -* Owner :Frens Kenneth H Parcel :043406 Site :9970 W 44Th Av eat Ridge 80033 Xfered :06/13/1979 Mail :9615 Gran 'ew Ave Arvada Co 80002 Price :$137,500 Use :5178 c,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:2 YB:1928 Pool: B1dgSF:2,601 Ac:.95 * ---------------------------- • MetroScan / Jefferson (CO) ' ---- - - - - -- - - --` Owner :Kanios Paula M Parcel :043408 Site :4363 Kipling St Wheat Ridge 80033 Xfered :08/04/1978 Mail :4363 Kipling St Wheat Ridge Co 80033 Price :$60,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l - YB:1947 Pool: B1dgSF:2,228 Ac:.45 *----------------------- - - - - -• MetroScan / Jefferson (CO) '-------- - - - - --* Owner :Schneekloth Gary Parcel :043409 Site :10065 W 44Th Ave Wheat Ridge 80033 Xfered :05/17/1996 Mail :10065 W 44Th Ave Wheat Ridge Cc 80033 - Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1955 Pool: B1dgSF:1,871 Ac:.27 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. *--=---------- - - - - -- MetroScan / Jefferson (CO) - I • ---------------- Owner :Slater Richard E Parcel :043412 Site :4350 Iris St Wheat Ridge 80033 Xfered :09/09/1992 Mail :4350 Iris St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone :303- 425 -7631 Bedrm:3 Bath:1.75 TotRm: YB:1952 Pool: B1dgSF:1,353 Ac: * ----------------------- - - - - - : MetroScan / Jefferson (CO) • ---------------- Owner :Narracci Albert J Sr Et Al Parcel :043415 Site :10070 W 44Th Ave Wheat Ridge 80033 Xfered :03/27/1995 Mail :3154 Routt St Lakewood Co 80215 Price Use :2112 Com,Improved Land Phone : Bedrm: Bath: TotRm:l YB:1951 Pool: BldgSF:2,578 Ac:.50 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- 0 ner ite :Davidson Delbert :9690 W 49Th Wheat Ridge 80033 Parcel Xfered :043417 :07/29/1990 Mail Use :PO Box 15- Arvada Co 80001 :2112 Cpm, Improved Land Price Phone V Bedrm: rath: TotRm:l YB:1956 Pool: B1dgSF:4,206 Ac:.25 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Par Co Contr Inc Parcel :043418 Site :9910 W 44Th Ave Wheat Ridge 80033 Xfered :11/10/1998 Mail :11042 W 67Th Way Arvada Cc 80004 Price :$135,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:1,118 Ac:.28 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Villachica John C Parcel :043434 Site :9685 W 94Th Ave Wheat Ridge 80033 Xfered :06/21/2000 Mail :PO Box 57 Wheat Ridge Co 80034 Price :$170,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:1,008 Ac:.21 * ----------------------- - - - - - • MetroScan / Jefferson (CO) ;----------- - - - --* Owner :Davies William H Parcel :043439 Site :9730 W 44Th Ave Wheat Ridge 80033 Xfered :04/01/1992 Mail :4541 S Elati St Englewood Cc 80110 Price :$32,000 Use :2112 Com,Improved Land Phone :303 - 761 -3078 Bedrm: Bath: TotRm:l YB:1961 Pool: BldgSF:192 Ac:.16 * ----------------------- - - - - - ; MetroScan / Jefferson (CO) •----------- - - - - -* Owner :Frens Kenneth H Parcel :043448 ite :4388 Kip ling Wheat Ridge 80033 Xfered :06/24/1981 Mail :9615 Gran iew Ave Arvada Cc 80002 Price Use :2112 C ,Improved Land Phone Bedrm: ath: TotRm:l YB:1928 Pool: B1dgSF:1,040 Ac:.35 * ----------------------- - - - - - • MetroScan / Jefferson (CO) - - - - -- --* Owner :Wineland Marty R;Carberry Paul F Et Al Parcel :043450 ite :9709 W 44Th Ave W t Ridge 80033 Xfered :04/27/1999 rg Ise :5055 Lowell Denver Co 80221 Price :$120,000 0 Mail :5178 Mis esidential,Mixed Use Land Phone Bedrm: h: TotRm:2 YB:1934 Pool: BldgSF:1,672 Ac:.23 ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Frens Kenneth H Parcel :043453 ite "y � Mail :9990 W 44Th Ave Whea rdge 80033 Xfered :06/24/1981 :9615 Grandview Arvada Cc 80002 Price fY �l"t Use :2112 Com,;mlnrfove d Land Phone Bedrm: TotRm:l YB:1948 Pool: B1dgSF:3,138 Ac:.21 * ----------------------- - - - - - • MetroScan / Jefferson (CO) • ---------------- Owner :E J Plumbing Cc Inc Parcel :043459 Site :4320 Kipling St Wheat Ridge 80033 Xfered :10/28/1976 Mail :11111 W 44Th Ave Wheat Ridge Co 80033 Price :$34,000 Use :2112 Com,Improved Land Phone :303- 431 -4662 Bedrm: Bath: TotRm:l YB:1922 Pool: B1dgSF:992 Ac:.48 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Nelson Bobbie G /Connie Jo Parcel :043460 Site :4281 Jellison St Wheat Ridge 80033 Xfered :04/30/1993 Mail :4281 Jellison St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone :303- 421 -6193 Bedrm:2 Bath:1.00 TotRm: YB:1966 Pool: B1dgSF:1,314 Ac:.23 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. *- -------------------- - - - - - - MetroScan / Jefferson (CO) •--------- ------ -* Owner :Draper Dorothy Athelia Parcel :043466 Site :4300 Iris St Wheat Ridge 80033 �,Q�.�� Xfered. :10/20/1995 Mail :8060 W 9Th Ave #226 (� a Price Use :1112 Res,Improved Land �a Phone Bedrm: Bath:1.00 TotRm: YB:1953 Pool: B1dgSF:792 Ac: * ---------------------------- : MetroScan / Jefferson (CO) :--------- -- - - ---+ Owner :Lee John C /George Parcel :043492 Site :4309 Jellison St Wheat Ridge 80033 Xfered :06/30/1993 Mail :5410 E Long P1 Littleton Cc 80122 Price :$339,000 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1972 Pool: B1dgSF:11,160 Ac:.84 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Fike Larry L Parcel :043497 Site :4465 Kipling St Wheat Ridge 80033 Xfered :05/03/2000 Mail :4465 Kipling St Wheat Ridge Cc 80033 Price Use :2112 Com,Improved Land - Phone Bedrm: Bath: TotRm:l YB:1982 Pool: B1dgSF:19,770 Ac:.91 * ----------------------- - - - - - • MetroScan / Jefferson (CO) • ---------------- Owner :Vieira Richard J Parcel :043503 Site :4301 Jellison St Wheat Ridge 80033 Xfered :08/16/1979 Mail :4301 Jellison St Wheat Ridge Co 80033 Price :$60,000 Use :1112 Res,Improved Land Phone :303- 423 -9615 Bedrm: Bath:1.00 TotRm: YB:1927 Pool: B1dgSF:1,554 Ac:.33 *---- - - - - -- --- - - - - -• MetroScan / Jefferson (CO) • ---------------- Owner :Pierce Dale L Parcel :043504 Site :9745 W 43Rd Ave Wheat Ridge 80033 Xfered :04/20/1994 Mail :9745 W 43Rd Ave Wheat Ridge Co 80033 Price :$26,000 Use :1112 Res,Improved Land Phone :303 -467 -7789 Bedrm:3 Bath:2.25 TotRm: YB:1995 Pool: B1dgSF:2,282 Ac:.58 * - - -- - - - - -• MetroScan / Jefferson (CO) • ---------------- Owner :Steves Leslie F Parcel :043507 Site :4290 Jellison St Wheat Ridge 80033 Xfered Mail :4290 Jellison St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone :303- 424 -4163 Bedrm: Bath:1.00 TotRm: YB:1932 Pool: B1dgSF:880 Ac:.33 *- - - - -- - -; MetroScan / Jefferson (CO) :----- -- -------- -* Owner :Keller Stephen M Parcel :043508 Site :4325 Iris St Wheat Ridge 80033 Xfered :01/27/1978 Mail :4325 Iris St Wheat Ridge Co 80033 Price :$44,000 Use :1112 Res,Improved Land Phone :303- 425 -0130 Bedrm:5 Bath:1.75 TotRm: YB:1952 Pool: B1dgSF:1,949 Ac: * ----------------------- - - - - - • MetroScan / Jefferson (CO) :----------- - ----* Owner :Stohl Vernon A Parcel :043512 Site :4265 Iris St Wheat Ridge 80033 Xfered Mail :4265 Iris St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303 -422 -1061 Bedrm:2 Bath:1.00 TotRm: YB:1954 Pool: B1dgSF:1,365 Ac: * - - -- - - - - -- • MetroScan / Jefferson (CO) :---------- -- - - - -* Owner :Godsey Sheila J Parcel :043527 Site :4330 Iris St Wheat Ridge 80033 Xfered :02/06/1987 Mail :4330 Iris St Wheat Ridge Cc 80033 Price :$74,500 Use :1112 Res,Improved Land Phone :303- 425 -0625 Bedrm:4 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF:1,200 Ac: * ----------------------- - - - - - • MetroScan / Jefferson (CO) :----------- --- - -* Owner :Jensen Randy L Parcel :043530 Site :4304 Kipling St Wheat Ridge 80033 Xfered :04/12/1989 Mail :15420 W Archer Dr Golden Cc 80401 Price :$75,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1990 Pool: B1dgSF:8,500 Ac:.45 * ---------------------------- • MetroScan / Jefferson (CO) • ---------------- Owner :Weimer Joseph R Parcel :043532 Site :9839 W 44Th Ave Wheat Ridge 80033 Xfered :11/05/1999 Mail :9839 W 44Th Ave Wheat Ridge Co 80033 Price :$300,000 Full Use :1112 Res,Improved Land Phone Bedrm: Bath:2.00 TotRm: YB:1953 Pool: B1dgSF:1,860 AC:1.82 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. *-- ----- -------------- - - - - -- ` MetroScan / Jefferson (CO) - - - - - -- - -- - - - - -* :Weimer Joseph R Parcel :043532 ite :9839 W 44Th Ave Whea dge 80033 Xfered :11/05/1999 /Bedr wner ail :9839 W44Th Ave at Ridge Co 80033 Price :$300,000 Full se :1112 Res,Imp ed Land YB:1953 Pool: Phone B1dgSF:1,120 Ac:1.82 m:2 Bat .00 TotRm: ----------------------------- • MetroScan / Jefferson (CO) '---------- - - - - -* Owner :Lombardi Salvatore /Bianca L Parcel :043533 Site :4383 Kipling St Wheat Ridge 80033 Xfered :10/14/1996 Mail :4383 Kipling St Wheat Ridge Cc 80033 Price :$246,900 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TctRm:2 YB:1960 Pool: B1dgSF:5,408 Ac:.38 * ----------------------- - - - - - • MetroScan / Jefferson (CO) '------ --- -- - - - -+ Owner :Hardin Douglas E Parcel :043539 ' Site :4300 Jellison St Wheat Ridge 80033 Xfered :01/04/1993 Mail :4300 Jellison St Wheat Ridge Co 80033 Price :$76,500 Use :1112 Res,Improved Land Phone :303- 420 - 9060 Bedrm:2 Bath:1.00 TotRm: YB:1948 Pool: BldgSF:953 Ac:.24 * ----------------------- - - - - - : MetroScan / Jefferson (CO) '- --- -- ----- - - - - -* Owner :Hailey Judith L Parcel :043543 Site :9900 W 94Th Ave #A Wheat Ridge 80033 Xfered :05/19/1998 Mail :5529 Willow Springs Dr Morrison Co 80465 Price Use :2112 Com,Improved Land Phone :303- 697 - 0722 Bedrm: Bath: TotRm:l YB:1962 Pool: BldgSF:3,427 Ac:.26 * ----------------------- - - - - - • MetroScan / Jefferson (CO) '------- ---- --- - -* Owner :Walter Robert W Parcel :043546 Site :9720 W 44Th Ave Wheat Ridge 80033 Xfered :02/23/1998 Mail :2897 W Belleview Ave #A Littleton Co 80123 Price :$125,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1960 Pool: BldgSF:636 Ac:.31 * ----------------------- - - - - - • MetroScan / Jefferson (CO) '---------- ----- -* Owner :Mccormick Annette Parcel :078723 Site :4295 Iris Ct Wheat Ridge 80033 Xfered :07/13/1993 Mail :4295 Iris Ct Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone :303 -420 -7159 Bedrm:5 Bath:2.00 TotRm: YB:1973 Pool: B1dgSF:2,024 Ac: * ---------------------------- ; MetroScan / Jefferson (CO) ' ---- - - - - -- — - - -* Owner :Brown Bennie M Parcel :081958 Site :4291 Jellison St Wheat Ridge 80033 Xfered :10/02/1980 Mail :4291 Jellison St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1963 Pool: B1dgSF:1,080 Ac:.30 * ---------------------------- : MetroScan / Jefferson (CO) '------ -- --- -- - - -* Owner :T A Investment Company Parcel :110000 Site :10000 W 94Th Ave Wheat Ridge 80033 Xfered :12/21/1977 Mail :300 E Hampden Ave #311 Englewood Co 80110 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1976 Pool: BldgSF:2,948 Ac:.57 * ---------------------------- • MetroScan / Jefferson (CO) '---------- -- - - - -* Owner :Villachica John C Parcel :110002 Site :9695 W 94Th Ave W Ridge 80033 Xfered :06/21/2000 Mail :PO Box 57 Wh Ridge Co 80034 Price :$400,000 Use :2112 Com proved Land Phone Bedrm: Bath: TotRm:l YB:1953 Pool: B1dgSF:5,912 Ac:.39 * ---------------------------- • MetroScan / Jefferson (CO) ' ---- - - - --- - --- -* Owner :Porter Chris A Iii Parcel :110009 Site :4329 Jellison St Wheat Ridge 80033 Xfered :10/06/1999 Mail :4329 -4345 Jellison St Wheat Ridge Cc 80033 Price :$500,000 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TctRm:2 YB:1961 Pool: B1dgSF:11,734 Ac:.84 *----------------------- - - - - -: MetroScan / Jefferson (CO) '----- ----- - - - - - -* Owner :Frens Kenneth H Parcel :110016 Site :9998 W 49Th Ave W Ridge 80033 Xfered :07/03/1986 Mail :9615 Grandvi ve Arvada Co 80002 Price :$225,000 Use :2112 Co proved Land Phone Bedrm: ath: TotRm:l YB:1960 Pool: BldgSF:1,105 Ac:.34 The Information Provided IS Deemed Reliable, But Is Not Guaranteed. *--------- ----------- - - - - -- MetroScan / Jefferson (CO) -. ----- ----- - - - - -* Owner :Sheard Family Trust Parcel :131653 Site :9800 W 44Th Ave Wheat Ridge 80033 Xfered :11/04/1996 Mail :9800 W 49Th Ave Wheat Ridge Cc 80033 Price :$175,000 Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:2 YB:1937 Pool: B1dgSF:5,306 Ac:.91 * ----------------------- - - - - - • MetroScan / Jefferson (CO) :---- --- ---- - - - - -* Owner :Kanios Paula M Parcel :143671 Site :4305 Kipling St Wheat Ridge 80033 Xfered :04/22/1981 Mail :9615 Grandview Ave Arvada Co 80002 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:.79 *----------------------- - - - - -• MetroScan / Jefferson (CO) :- --- ----- -- - - - - -* Owner :Davidson Delbert L Parcel :195916 Site :9684 W 44Th Ave Wheat Ridge 80033 Xfered :03/22/1989 Mail :PO Box 1570 Arvada Cc 80001 Price :$150,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1950 Pool: B1dgSF:864 Ac:.29 * - ---- ------------------ - - - - - • MetroScan / Jefferson (CO) : — -- ------ - - - - -* Owner :Daughenbaugh Family Trust Parcel :200404 Site :4298 Kipling St Whea ge 80033 Xfered :05/08/2000 Mail :11900 N Dransfe Rd Parker Co 80134 Price Use :1111 Vacan esidential Phone Ac:1.17 Bedrm: TotRm: YB: Pool: BldgSF: * ----------------------- - - - - - • MetroScan / Jefferson (CO) :--- ---- ---- - - - - -* Owner :Daughenbaugh Janet Trustee Parcel :402367 Site :4300 Kipling St Wheat Ridge 80033 Xfered :10/07/1997 Mail :11900 N Dransfeldt Rd Parker Cc 80134 Price Use :2112 Com,Improved Land Phone :303 -841 - 3945 Bedrm: Bath: TotRm:l YB:1989 Pool: B1dgSF:12,992 Ac:.92 *----------------------- - - - - -• MetroScan / Jefferson (CO) : - -- -- -- -- - - - - -* Owner :First Commercial Corporation Parcel :408111 Site :9951 W 49Th Ave Wheat Ridge 80033 Xfered :11/25/1998 Mail :550 C St San Diego Ca 92101 Price Use :1112 Res,Improved Land Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:8.07 * ----------------------- - - - - - • MetroScan / Jefferson (CO) :-- --- ---- -- - - - -* Owner :Phillips Petroleum Company Parcel :408112 Site :9995 W 44Th Ave Wheat Ridge 80033 Xfered :12/13/1991 Mail :210 Park Ave 42400 Oklahoma City Ok 73102 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1991 Pool: B1dgSF:2,006 Ac:.86 * ----------------------- - - - - - ; MetroScan / Jefferson (CO) : - - -- - ---- - - - - -* Owner :Daughenbaugh Glenn Parcel :408119 Site :4298 Kipling St Wheat Ridge 80033 Xfered :03/29/2000 Mail :11900 N Dransfeldt Rd Parker Co 80134 Price Use :1177 Vacant,Residential,Limited Size Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:.07 *----------------------- - - - - -• MetroScan / Jefferson (CO) :----- ---- -- - - - - -* Owner :Johnston Josephine A Parcel :928178 Site :4313 Jellison St Wheat Ridge 80033 Xfered :01/28/1998 Mail :4313 Jellison St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303- 424 -2945 Bedrm:2 Bath:1.75 TotRm: YB:1959 Pool: BldgSF:1,670 Ac:.52 * --- ----- -------- ------- - - - - - : MetroScan / Jefferson (CO) • ---------------- Owner :Dejaynes Shawn Parcel :428179 Site :4305 Jellison St Wheat Ridge 80033 Xfered :04/01/1998 Mail :214 S Ingalls St #3 Lakewood Cc 80226 Price :$38,500 Use :1111 Vacant,Residential Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:.43 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on September 21, 2000 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA- 00 -10: An ordinance amending Section 26 -30(T) of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service (CMRS) facilities. Case No. WZ- 00 -11: An application by Tony Ficco for Legend Properties, LLC for approval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center. Said property is located at 9751 W. 44" Avenue and is legally described as follows: Lot 1, 44 Avenue Business Park Minor Subdivision as recorded on March 30, 2000 in Plat Book 100 at Page 163, County of Jefferson, State of Colorado. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: September 1, 2000 Wheat Ridge Transcript C:\Katby\PCRP-FSTLANGCOWUBHRG\000921pub.wpd 7500 West 29th Avenue Wheat Ridge, Colorado 80215 The City of Wheat Ridge FAX 303/235 -2857 September 7, 2000 Dear Property Owner: A Th is to inform ��nn that Case No. W7_00 -11 which is a request for ap proval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on September 21, 2000 at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303 - 235 -2846 if you have any questions or desire to review any plans. Thank you. Planning Division. c:\ Barbara \PCRPTS\PLANGCO WPcnoti" \WZ007l.wpd r i r 7500 West 29th Avenue Wheat Ridge, Colorado 80215 FAX 303/235 -2857 September 7, 2000 Dear Property Owner: Connie N 4281 Jelli Wheat Ri This is to inform you that Case No. WZ -00 -11 which is a request for approval of a rezoning from Residential -Two (R -2) and Restricted - Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center at property located at 9751 W. 44th Ave. will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on September 21, 2000 at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303 - 235 -2846 if you have any questions or desire to review any plans. Thank you. Planning Division. c: \Barbara\PCRPTS \PLANGCO WPcnotice \WZ001 I.wpd n 1 DA 2'4_) h YL :� kc, s rrc� a o w t City of Wheat Ridge Planning and Development Deparhnent Memorandum TO: Meredith Reckert FROM: Darin Morgan SUBJECT: WZ -00 -11 /Legend Properties, 9751 W 44"' Avenue DATE: September 1, 2000 I have reviewed the above case and have the following comments, 1. Only two handicap parking stalls are shown on plan and the legend calls for three. Per ADAGG requirements three stalls are required minimum with one stall having a 96 inch access aisle. Provide a handicap signage detail. 2. The trash enclosure will be required to be non - combustible on all four sides including gates, plans state only two sides. 3. The building will either need to be fully sprinkled or provided with an area separation wall constructed per UBC, Section 504.6. required due to building square footage. 4. Is the twenty foot access drive at the north end of the building acceptable to the fire department? Thanks 08!28/00 ICON 15 :30 FAX 303 424 0828 VALLEY WATER DIS 7500 West 29th Avenue RF��j��© The City of Wheat Ridge, Colorado 80033 4 o Wheat Telephone 3 031 23 5 -2846 Ridge August 25, 2000 The Wheat Ridge Department of Community Development has received a request for approval of rezoning from R -2 and RC to Planned Commercial Development and approval of a combined outline and final development plan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by September 6, 2000. No response from you by this date will constitute no objections or concerns regarding this proposal. 2 002 ""Please note this same property was subject to land use case processing pursuant to Case No. WZ- 99 -15. The list of allowed uses has been modified from the previous. No other changes are proposed. CASE NO: WZ -00 -I l/Legend Properties LOCATION: 9751 W. 44* Avenue REQUESTED ACTION: Rezone from Residential -Two and Restricted Commercial to Planned Commercial Development and for approval of a combined outline and final development plan. PURPOSE: Construction of a 30,000 sq. ft. commercial structure APPROXIMATE AREA. 1.9 acres 1. Are public facilities or services provided by your agency adequate to serve this development? Addl- water mains, fire sprinkler and fire hydrant will be needed to meet AFPD requirements 2. Are service lines available to the development? Water tap and service lines will be needed to serve the property 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 speck easements needed on this or any other document? Easements will be needed that meet Denver Water and Valley Water requirements to be granted by owner. 6. Are there any comments your agency has identified which would or should affect approval of this request ?? Please reply to: M. Reckert Completed by: A Department of Planning & Development (Name, Agency/Depa ment, Date) Fax: 303/235 -2857 DTSTRTBL!TTON: • Water District (valley) • Sanitation District (Clear Creek) • Fire District (Arvada) Adjacent City () • Public Service Co. • US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. 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 • WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. 08/28/00 MON 15:30 FAX 303 424 0828 VALLEY WATER DIS WJUU1 VALLEY WATER DISTRICT PA. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 4249661 FAX 4240828 August 28, 2000 City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Dear Meredith: Per your request, attached is the valley Water District's response for WZ -00 -11 /Legend Properties, 9751 W. 44th Avenue. 1. Additional fire hydrant, fire sprinkler line and water main will be needed to meet AFPD requirements. 2. Water tap and service line to serve the property will be needed. 3. Easements that meet Denver Water and valley Water requirements till be needed for water mains and fire hydrants and must be granted by owner. If you have any questions, please contact me at 303 - 424 -9661. Sincerely, 1 VIa Robert Arnold District Manager TO Planning and Development FROM Officer L. Gregor AN Police Department f17U � , NE pUG 3 1 2000 SUBJECT Case No:WZ -00 -11 D ATE August 31st, 2000 �R I have reviewed the plans for the above listed site. Please consider the following recommendations while developing this site: 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 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. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. Consider using natural products such as bark or mulch. BUILDINGS: 1. The building finish should be with an anti - graffiti paint or sealant. FENCING: 1. Consider using wrought iron fence instead of cedar. By putting up a wrought iron fencing around the property, you will minimize the chance of vandalism, graffiti and climbing. The initial investment in the fence will be higher, however the long term pay of by not having to repair the fence will be greater. SITE: 1. During construction, the property should be clearly posted with "No Trespassing" Page 1 of 2 signs. This may help deter trespasses, and allow the Police Department to cite offenders with the crime along with any others offenses that may be committed by trespassers. 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. Please consider these suggestions while developing this property. Thank you. O 6�e y q '�l Les Gregor Police Officer Multi - Family Housing Unit Page 2 of 2 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235 -2846 Ridge August 25, 2000 The Wheat Ridge Department of Community Development has received a request for approval of rezoning from R -2 and RC to Planned Commercial Development and approval of a combined outline and final development plan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by September 6, 2000. No response from you by this date will constitute no objections or concerns regarding this proposal. * ** *Please note this same property was subject to land use case processing pursuant to Case No. WZ- 99 -15. The list of allowed uses has been modified from the previous. No other changes are proposed. CASE NO: WZ-00- 11 /Legend Properties LOCATION: 9751 W. 44" Avenue REQUESTED ACTION: Rezone from Residential -Two and Restricted Commercial to Planned Commercial Development and for approval of a combined outline and final development plan. PURPOSE: Construction of a 30,000 sq. ft. commercial structure APPROXIMATE AREA: 1.9 acres 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 comments your agency has identified which would or should affect approval of this request? Please reply to: M. Reckert Department of Planning & Development Fax: 303/235 -2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Clear Creek) X Fire District (Arvada) Adjacent City 0 X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department Completed by: A5W. L £5 [ 2�Q,n'C ( kP6 0831' (Name, Agency/Department, Date) Jeffco Schools Jeffco Commissioners 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 X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 The City of Wheat Telephone 303/ 235 -2846 August 25, 2000 Ridge The Wheat Ridge Department of Community Development has received a request for approval of rezoning from R -2 and RC to Planned Commercial Development and approval of a combined outline and final development plan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by September 6, 2000. No response from you by this date will constitute no objections or concerns regarding this proposal. " "Please note this same property was subject to land use case processing pursuant to Case No. WZ- 99 -15. The list of allowed uses has been modified from the previous. No other changes are proposed. CASE NO: WZ -00 -I I/Legend Properties LOCATION: 9751 W. 44" Avenue REQUESTED ACTION: Rezone from Residential -Two and Restricted Commercial to Planned Commercial Development and for approval of a combined outline and final development plan. PURPOSE: Construction of a 30,000 sq. ft. commercial structure APPROXIMATE AREA: 1.9 acres 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 comments your agency has identified which would or should affect app ro of this request? Please reply to: M. Reckert Completed by: Gt/rN& Department of Planning & Development (Name, Agency/Department, Date) Fax: 303/235 -2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Clear Creek) X Fire District (Arvada) Adjacent City Q X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department A 6"P� _ Jeffco Schools Jeffco Commissioners 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 X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. Arvada Fire Protection District Organizational Excellence In Fire, Rescue, and Disaster Services. TO: City of Wheatridge, Department of Planning and Development FROM: Arvada Fire Protection District DATE: 8/30/00 RE: Plan amendment for a 30,000 square foot warehouse building located at 9751 W. 44t' Avenue. CASE NO: WZ -00 -11 Legend Properties The following are our site review comments; 1) Fire protection to this facility is provided by the Arvada Fire Department Station #2 located at 12195 W 52°" Ave., and Station #1 located at 7900 W 5r Ave 2) All buildings classified by the codes Administrator as the following occupancies: B, F -1, F -2, S -1, S -3, or S -5, exceeding 18,000 square feet shall have an approved automatic fire suppression sprinkler system installed throughout in accordance with NFPA -13. 3) A fire hydrant shall be installed and maintained within 150 feet of a fire department connection serving a sprinkler or standpipe system. Provide additional hydrant as required. UFC 97 903.2 amended. 4) Water lines and fire hydrants shall be installed and operational, and capable of supplying the required fire flow for the site prior to above grade construction UFC 97 9013, 903.2, 8704.3. 5) Any code requirements arising from construction will be addressed. Kent "9parky" Shriver Fire Marshal Arvada Fire Department 6503 Simms Street • Arvada, Colorado 80001 -0060 • (303) 424 -3012 • Fax (303) 432 -7995 Arvada Fire Protection District Organizational Excellence In Fire, Rescue, and Disaster Services. TO: City of Wheatridge, Department of Planning and Development FROM: Arvada Fire Protection District DATE: 8/30/00 RE: Plan amendment for a 30,000 square foot warehouse building located at 9751 W. 44" Avenue. CASE NO: WZ -00 -11 Legend Properties The following are our site review comments; 1) Fire protection to this facility is provided by the Arvada Fire Department Station #2 located at 12195 W 52n Ave., and Station #1 located at 7900 W 57" Ave 2) All buildings classified by the codes Administrator as the following occupancies: B, F -1, F -2, S -1, S -3, or S -5, exceeding 18,000 square feet shall have an approved automatic fire suppression sprinkler system installed throughout in accordance with NFPA -13. 3) A fire hydrant shall be installed and maintained within 150 feet of a fire department connection serving a sprinkler or standpipe system. Provide additional hydrant as required. UFC 97 903.2 amended. 4) Water lines and fire hydrants shall be installed and operational , and capable of supplying the required fire flow for the site prior to above grade construction UFC 97 901.3, 903.2, 8704.3. 5) Any code requirements arising from construction will be addressed. Kent "S'parky" Shriver Fire Marshal Arvada Fire Department 6503 Simms Street • Arvada, Colorado 80001 -0060 • (303) 424 -3012 • Fax (303) 432 -7995 MEMORANDUM Approved Date HDEPARTNENT OF PUB11C WORKS TO: Meredith Reckert, Senior Planner FROM: Michael Garcia, Development Review Engineer �� DATE: September 18, 2000 SUBJECT: wz- 00 -11/ 9751 W. 44`' Avenue The Public Works Department has reviewed the Planning Department referral dated August 25, 2000 for the above referenced site, and has the following comments: 1. It is the Public Works Department understanding that a Final Plat has been recorded with Jefferson County. Public Works Department has no copy of this plat document, therefore the appropriate comments cannot be submitted at this time. 2. We are in receipt of a Final Drainage Report and has been reviewed and is acceptable. The stipulation with the acceptance of this report is that there is no change in the site design or grading. A new report shall be submitted for review and approval should there be any change from the report and plan previously submitted. 3. An erosion control plan will need to be submitted for review and approval from the Public Works Department. 4. Appropriate engineered street construction plans, by a registered Professional Engineer in the state of Colorado, shall be submitted for review and approval from the Public Works Department. 5. Traffic has provided comments for this site. Please see the attached memo for specific continents. 6. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In conjunction with the requirements of this permit, an erosion control plan may need to be submitted for review and approval. cc: Alan White, Planning & Development Director Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, Acting City Surveyor File wz -00 -11 referral.mem MEMORANDUM Approved Date TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer 5tJ DATE: Thursday, September 14, 2000 SUBJECT: Traffic Impact, 44"' Avenue Business Park, WZ -00 -11 This memo serves as a response to your referral dated August 25, 2000 referencing the above development. It is my understanding this is a second submittal. This submittal involved in refining the allowable use for this site. Based on the discussion with you earlier. The revised allowable use has eliminated type of use that involved in high capacity sitting or high traffic generator. The proposed use generally consist of small service shop, small scaled specialized or rental shop. Based on this information, the Traffic Division would like to offer the following comments: Based on the assessment of a typical layout expected for each leasable space, the space would probably consists of approximately 10% office area, 10% display area and 80% work area/work shop. This indicates that large retail space would not be possible. As a result, the Public Works Department feels that this proposed site will not generate significant traffic volume compared to what a typical specialty retail store does. The Trip Generation Manual does not provide trip information for this specific type of land use. However, based on the type of tenant layout and the size for this development, as described in your memo, the trip generation will be minimal since it is not likely to attract drive -by customers as a typical retail establishment does. The Public Works Department will not require a traffic impact study with the understanding that each leasable space will have a layout as described in your memo. We will require a traffic impact study if the final allowable land use will involve a larger scale retail or any other land use with a high traffic generator for this development. 2. There should be aprovision for the proposed cross access easement at the north east corner to modify the site layout at this location to ensure safe and efficient design when the access is connected. 3. Since the site plan from this submittal generally show similar designs, this site shall be subject to all applicable site access and circulation design comments from previous submittal. 4. Per our record, a portion of the existing sidewalk on 44 " Avenue is situated in private property. Thus, we will need a 5 -foot for the sidewalk and utility easement. For you information, I'm attaching a previous memo that has general traffic assessment for this area and some site design comments. Please see me if you have any questions regarding this memo. cc: Alan White, Director of Planning and Developement Greg Knudson, City Engineer Mike Garcia, Development Review Engineer File MEMORANDUM Approved Date ➢DBPARTA98@P%' OF PUBLIC WORKS TO: Martin Omer, Economic Development Specialist FROM: Steve Nguyen, Traffic Engineer DATE: Thursday, January 20, 2000 SUBJECT: Traffic Impact, 44 ' Avenue Business Park, WZ -99 -15 This memo serves as a response to your memo dated January 7, 2000 referencing the above development. Your memo essentially requested additional traffic analysis including traffic impact and circulation. In addition, you needed to know if the proposed site layout would be able to accommodate a semi - trailer. Vehicle templates such as passenger car and intermediate semi - trailer (WB -40) were used to evaluate the proposed site layout. The evaluation reveals the following findings: 1. The driveway apron radius should be increased to 20 feet instead of 15 as proposed in the plan. This larger radius is to provide adequate area for the trucks turning path. The one -way would work efficiently; both at the driveway and in the parking lot. However, signing in the parking area would be difficult and the level of awareness and compliance would be low. If there is a truck load /unload in the drive aisle, a vehicle in the parking stall would not be able to get out of its space. 4. The current site layout is situated where it will be able to accommodate semi - trucks to circulate around the interior without obstructions even at corners of the site. In general, traffic generation from small scale projects such as this would accumulate to a significant impact to the adjacent roadway if no improvements are planned for. In this case, 44' Avenue, in the vicinity of this development, is pretty much developed with the exception to the large parcel immediately west of this site. The 44"' Avenue Business Park development alone would not create a significant impact because of the low traffic generation as identified in the previous memo, however, the future development ofthe adjacent parcel will. This corner parcel is probably considered as a prime commercial parcel. As a result, the type of development on this parcel will most likely be a high traffic generator. I feel that extensive planning will be needed in addressing the traffic impact to this area. Perhaps a master plan would best serve this purpose. This development, for efficiency reasons, should plan a long term traffic access and circulation, which connect to the west parcel. To be specific, a provision should be established for future cross access at the northwest corner of this site to connect to the parcel to the west. Having this cross access, internal circulation would be optimum and site traffic can utilize other access if the immediate access is congested during the busy hours. cc: Alan White, Director of Planning and Developement Greg Knudson, City Engineer File 7500 West 29th Avenue The City of Wheat Ridge Colo rado 80033 Wheat Telephone 303/ 235 -2846 Ridge August 25, 2000 The Wheat Ridge Department of Community Development has received a request for approval of rezoning from R -2 and RC to Planned Commercial Development and approval of a combined outline and final development plan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by September 6, 2000. No response from you by this date will constitute no objections or concerns regarding this proposal. ****Please note this same property was subject to land use case processing pursuant to Case No. WZ- 99 -15. The list of allowed uses has been modified from the previous. No other changes are proposed. CASE NO: WZ-00-1 I /Legend Properties LOCATION: 9751 W. 44' Avenue REQUESTED ACTION: Rezone from Residential -Two and Restricted Commercial to Planned Commercial Development and for approval of a combined outline and final development plan. PURPOSE: Construction of a 30,000 sq. ft. commercial structure APPROXIMATE AREA: 1.9 acres I. 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 comments your agency has identified which would or should affect approval of this request? Please reply to: M. Reckert Department of Planning & Development Fax: 303/235 -2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Clear Creek) X Fire District (Arvada) Adjacent City 0 X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department Completed by: (Name, Agency/Department, Date) Jeffco Schools Jeffco Commissioners 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 X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. Form No. 1402.92 (10/17/92) ALTA Owner's Policy POLICY OF TITLE INSURANCE ti. ISSUFA) M First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First Americ Title Insurance Company 4� By YefALl PRESIDENT 9 7 S 3 8 A7TF_ST A�4/ A "A;V� SFCRE7ARY File# KC48 267698 .ST AMERICAN TITLE INSURANCE COL NY SCHEDULE B Order No. KC48267B98 Policy No. J917338 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land -or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments for the year 2000 and subsequent years, a lien, but not yet due or payable. 7. An easement for utility and incidental purposes granted to the Public Service Company of Colorado by the instrument recorded July 6, 1984 at Reception No. 84063186. 8. An easement for utility and incidental purposes granted to the Public Service Company of Colorado by the instrument recorded July 27, 1984 at Reception No. 84071041. 9. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between Barbara Joan Kibbey and J. Robert Chado, et al recorded November 19, 1987 at Reception No. 87140793. 10. Any existing leases or tenancies. 11. Easements, notes, covenants, conditions and restrictions as contained on the Plat of the Avenue Business Park Minor Subdivision as recorded March 30, 2000 in Plat Book 100 at Page 163. File# KC48267 1398 FIRST AMERICAN TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE A cp -DL- 08/14/00 12:58:35 Order No. KC482671398 Policy No. J917338 Amount of Insurance $235,000.00 Date of Policy: June 6, 2000 at 7:29 A.M. 1. Name of Insured: Legend Properties, LLC 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: Legend Properties, LLC 4. The land referred to in this policy is described as follows: Lot 1, 44th Avenue Business Park Minor Subdivision as recorded on March 30, 2000 in Plat Book 100 at Page 163, County of Jefferson, State of Colorado. UTCOOPI PLEASE DELIVER TO THE CUSTOMERS LISTED BELOW: ------------------------------------------------------------------°'------------------- TO: Legend Properties TO: 11250 West 38th Avenue #28 Wheatridge, CO 80033 ATTN: NO. OF COPIES: ___________ TO: ATTN: NO. OF COPIES: _______________________________ TO: ATTN: NO. OF COPIES: ________________________ _______________________________ I TO: ATTN: NO. OF COPIES: ______________________ _______________________________ I TO: ATTN: ATTN: NO. OF COPIES: I NO. OF COPIES: ___________________________________________________________ _______________________________ TO: TO: ATTN: ATTN: NO. OF COPIES: NO. OF COPIES: ___________________________________________________________ _______________________________ TO: I TO: ATTN: I ATTN: NO. OF COPIES: NO. OF COPIES: ___________________________________________________________ _______________________________ THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: DCLENM File# KC43267B98 First American Heritage Titl. ,o 950 South Cherry Street #1200 Denver, CO 80246 (303) 691 -3333 D E L I V E R Y T R A N S M I T T A L DATE: AUGUST 14, 2000 ORDER NO.: KC48267B98 PROP. ADDR.: Vacant Land 44th Ave., Wheatridge, Colorado OWNER /BUYER: Legend Properties, LLC PLEASE DELIVER TO THE CUSTOMERS LISTED BELOW: ------------------------------------------------------------------°'------------------- TO: Legend Properties TO: 11250 West 38th Avenue #28 Wheatridge, CO 80033 ATTN: NO. OF COPIES: ___________ TO: ATTN: NO. OF COPIES: _______________________________ TO: ATTN: NO. OF COPIES: ________________________ _______________________________ I TO: ATTN: NO. OF COPIES: ______________________ _______________________________ I TO: ATTN: ATTN: NO. OF COPIES: I NO. OF COPIES: ___________________________________________________________ _______________________________ TO: TO: ATTN: ATTN: NO. OF COPIES: NO. OF COPIES: ___________________________________________________________ _______________________________ TO: I TO: ATTN: I ATTN: NO. OF COPIES: NO. OF COPIES: ___________________________________________________________ _______________________________ THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: DCLENM File# KC43267B98 of "Egr9 LAND USE CASE PROCESSING APPLtuATION aFH� °I Planning and Development Department ( °' 7500 West 29th Avenue, Wheat Ridge, CO 80033 c otoRAO O Phone (303) 235 -2846 °oeoeroo � (Please print or type all information) Applicant 7'0/t/y i cc v Address 36 Eo v19 -1r,cE Phone 3o3- 4a / -/5 City 4i/1 -7 (rE State Co 4 cz) Zip g�o® 3 3 Fax 3o3 -14ao -- cz c, Owner Le 9eyl) pi3oP-eATie' s Address 3 (-So v 4 vc F l Phone 3e 9- 4al- l 96l City &lWe4-7 8 7// G.e State Cm c o Zip C—o v 3 Fax 303 - 1 {do- Contact 7'0/V r- 7 c c v Address 3G So r. y occ Phone City 4/ e/r R)/Jc e State eo [ c zip boa 3 3 Fax 3r�3 -Yd (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when neccessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): '4 4,re1'CtAe Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side Change of zone or zone conditions ❑Special Use Permit ❑ Conditional Use Permit ❑ Subdivision: Minor (5 lots or less) ❑ Consolidation Plat ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Preliminary ❑ Final ❑ Interpretation of Code ❑ Street Vacation ❑ Lot Line Adjustment ❑ Temporary Use, Building, Sign ❑ Nonconforming Use Change ❑ Variance / Waiver (from Section ❑ Planned Building Group ❑ Zoning Ordinance Amendment Site Development Plan approval ❑ Other: Detailed description of the request: Au/i ?o 5P /s fo / zoy <AND . /3o�i fjeS1O- eAl7`iA4. , 2 �1>/� �3•es> /�icr�i7 �o�irre/4ci�9c -b 0? z'o�in- CACci9C /72/ie[oi'�rie�i ?• f: : v 7i f) 132T%/c S Ses3otc.- ce��eg Required information: 130 s //lie s5 ! X 3 �75 Assessors Parcel Number: z. m r 1 ' r/F�4v E Size of Lot (acres or square footage): 60,2 50o 5 e , F 7 7 Current Zoning: 6 - R $ A C Proposed Zoning: P zAprlvra corszi e 3 ciJi c Current use: 1//9CIA Proposed use: Re7Alc 4 Se1�v cF ce�iTefi I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of- attorney from the owner wiuclh approved of this action on his behalf. Signature of Applicant 1�- Subscribed a d- or to 3 day of 200 Notary Public My commission expires F aOtt Date received - Case - Z/k - DQ Fee $ Receipt N o 6 601943 Case No. Comp Plan Desig. Zoning Quarter Section Map Related Case No. Pre -App Mtg Date Case Manager - z--� W `8 mnc:m -o, v c,x p :O � I F - 4 e 9 n A S . 9 �.m ° F $ 3� .A? �c �1 ^ c O - s 9v_9_9r_ox_- -_ - - -- J �09'Si"E ]]5.99 ° ....off •esv � ^were em_ ° :�� ea '_ fAa S, :Rd F.I = „^. AT Iq A g r„ w Au m� n Z -i G7 = a > p A < ��m OO ~ z ,oC p Z mm rt L1 a � imp �— p >Z oom >m z U) o cf) �ma � nq� oz m 7� zny Z n O "Z l�— oiN Z AN LO n z S zN m� ? Ln C > A — 0 x Z— > A mZ I ess� n - 9 �.m ° F $ 3� .A? �c �1 ^ c O - s 9v_9_9r_ox_- -_ - - -- J �09'Si"E ]]5.99 ° ....off •esv � ^were em_ ° :�� ea '_ fAa S, :Rd F.I = „^. AT Iq A g r„ w Au m� n Z -i G7 = a > p A < ��m OO ~ z ,oC p Z mm rt L1 a � imp �— p >Z oom >m z U) o cf) �ma � nq� oz m 7� zny Z n O "Z l�— oiN Z AN LO n z S zN m� ? Ln C > A — 0 x Z— > A mZ DESCRIPTION OF PROJECT 44` AVENUE BUSINESS PARK PLANNED COMMERCIAL DEVELOPMENT STATEMENT OF PERMITTED USES (A) PERMITTED - PRINCIPAL USES: NO BUILDING OR LAND SHALL BE USED AND NO BUILDING SHALL BE HEREAFTER ERECTED, CONVERTED OR STRUCTURALLY ALTERED UNLESS OTHERWISE PROVIDED HEREIN EXCEPT FOR ON (1) OR MORE OF THE FOLLOWING USES: (1) SOUND SYSTEM SHOPS. (2) RESEARCH CLINIC AND LABORATORIES. (3) OFFICES AUXILARY TO A SERVICE PROVIDED NO MORE THAN 28% OF THE INDIVIDUAL SAPCE IS DEVOTED TO THE OFFICE USE. (4) ONE DELICATESSEN OR ICE CREAM SHOP LIMITED TO SEATING FOR NO MORE THAN 10. (5) PRIVATE VOCATIONAL TRANING FACILITY. (6) BLUEPRINTING, PHOTOSTATIC COPYING, AND OTHER SIMILAR REPRODUCTION SERVICES; HOWEVER, NOT INCLUDING LARGE PRINTING, PUBLISHING AND /OR BOOK BINDING ESTABLISHMENTS. NO TOXIC PAINTS. (7) EXTERMINATORS (8) INTERIOR DECORATING SHOPS INCLUDING PAINT AND WALLPAPER SALES (9) LAUNDREIS AND DRY - CLEANING SHOPS ON WEST SIDE ONLY. (10) LOCK SMITH SHOPS. (11) SHOE REPAIR SHOPS. (12) STUDIO FOR PROFESSIONAL WORK OR TEACHING OF FINE ARTS, PHOTOGRAPHY, MUSIC, DRAMA OR DANCE. (13) TAILORING, DRESSMAKING AND CLOTHING ALTERATION SHOPS. (14) (15) (16) (17) (18) (19) (20) BAKERIES, RETAIL. (21) BICYCLE AND ACCESSORTY STORES (INCLUDING REPAIRS AND SERVICE). BOOK STORES AND BINDING REPAIR SERVICE. BUTCHER SHOPS AND FOOD LOCKERS. BUSINESS MACHINE OR COMPUTER SERVICE AND REPAIR. CAMERA AND PHOTOGRAPHIC SERVICE AND PROCESSING. CANDY, NUT AND CONFECTIONERY STORES. (22) (23) (24) (25) (26) (27) UPHOLSTERY AND FURNITURE REPAIR SHOPS. WATCH, CLOCK AND CAMERA SALES AND REPAIR SHOPS. UNIFORMS AND SPECIALTY CLOTHING SALES. APPLIANCE SERVICE AND REPAIR. ART STUDIOS. SPECIALTY AUTOMOTIVE PARTS AND SALES. CATERES. (28) DAIRY PRODUCT STORES. (29) HEATLH AND HANDICAPPED EQUIPMENT SALES, RENTAL AND SERVICING. (30) ELECTRICAL AND SUPPLIES AND SERVICE, BUT NOT INCLUDING CONTRACTORS' STORAGE YARDS (31) FLORAL SHOPS. (32) SPECIALTY FRUNITURE STORES. (33) TROPHY AND NOVELTY STORES. (34) SPECIALTY HOME FURNISHING AND IMPORVMENT SALES AND SERVICE. (35) MUSICAL INSTRUMENT REPAIR. (36) PET SUPPLY STORES. (37) PICTURE FRAME SHOPS. (38) PLUMBING AND HEATING SUPPLY STORES AND SHOPS, BUT NOT INCLUDING CONTRACTORS' STORAGE YARDS. (39) SPECIALTY SPORTING GOODS STORES. (40) MOBILE PHONE AND TWO WAY RADIO STORES. (41) PACKAGING AND MAILING STORES. �v��e,�ecnonMap No.: Case No.: . App: Last Name: Re|��odcason� m � App: First Name: on Case History: Rezone from R and RC Owner: Last Name: Fbuilding retail and ervice center Owner; First Name: App Address: Rev Body: City, Stat Zip: MTKMARidge, CO 80033 Apm: xnp:p»one: 303 1 Owner Address: 3650 Vanc #I 2nd Rev Body: ' n|t«/S tate/z|p: 2nd Review Uate: Owner Phone: Dec|nion'maNngBvdY: Project Address: ApprovaUoenia|Daoe: | rStmeuName: West 44th Avenue (: �esv/0rd|nancew�� p� City/State, �� Conditions ovApproval: Case Disposition: U | | . District: Proje Pl '� Received; oa�oRo�e File Location: x��__� Notes: pre+\ppUate F Follow-Up: �_J \ CITY DF WHEAT RIDGE � 08121100 9:35AM cd � Legend Properties LL RECEIPTNO:[O09843 AOUUw| FMS0 ZONING MISCELLANEOUS 600.00 PAYMENT RECEIVED AMOUNT CK 1479 600.00 TnJAL 600,00 01 -28 -1900 11 :19AM FROM TO 3032352857 P.01 -CEO ce, v`e5T o� l � c�%� 3'✓i Srd\c r\-av� was�n`� d v\ ed - w�, � �/ \0 �A5 4 vi oho Y-C cyAff- c-hacLo 10 ow✓1 s J DPW