HomeMy WebLinkAboutWZ-05-087500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
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AFFIDAVIT OF PRELIMINARY AND FINAL DEVELOPMENT PLAN AMENDMENT
Clerk & Recorder Office
Jefferson County
100 Jefferson County Parkway
Golden, CO 80419 '
Dear Madame Clerk:
at ~ z a _
Please be advised that the subject preliminary and final development plans by the name of
Miracle on 35th Avenue Planned Commercial Development were recorded in the records of
Jefferson County, Colorado, on December 12, 2002, and December 27, 2002, respectively. The
preliminary development plan was recorded in ODP Book 118, Pages 45 - 46, Reception
#F1629497. The final development plan was recorded in ODP Book 119, Pages 1 - 4, Reception
#171639785.
It is the in s aff' vit to a nd ~hCs
ct preliminary and final development plans by
pe mg coffe ou es as a pe tt us~ yase No. WZ-05-08).
Community Development Director
Anderson, City Clerk
State of Colorado )SS
County of Jefferson )
The foregoing instrument was acknowledged before day of,
2005. CRY N q. a
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°Fm~~ar9e CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
00(ORP°0
TO: Case File
CASE NO. & NAME:
DATE OF MEETING:
ACTION REQUESTED:
WZ-05-08/Loecher
N/A (Admin. Review)
CASE MANAGER: M. Reckert
Approval of a similar use Determination in a Planned Commercial
Development District
LOCATION OF REQUEST: 3502 Wadsworth Blvd.
APPLICANT: Roger Loecher
5500 W. 44 s Avenue
Denver, CO 80212
APPROXIMATE AREA: .48 acre
PRESENT ZONING: PCD, Planned Commercial Development
ENTER INTO RECORD:
Q COMPREHENSIVE PLAN (X) CASE FILE
(X) ZONING ORDINANCE O DIGITAL PRESENTATION
Q SUBDIVISION REGULATIONS
Location Map
Case No. WZ-05-08/Loecher
All notification and posting requirements have been met; therefore, there is jurisdiction to make a
determination regarding this request.
I. REQUEST
The applicant requests approval of a Similar Use Determination within the Miracle on 35`s Avenue
Planned Commercial Development at 3502 Wadsworth Blvd to allow a coffee house.
Section 26-307 of the Zoning and Development code prescribes a procedure for adding similar uses in
approved planned development district zones.
Pursuant to Section 26-307, the Community Development Director has the ability to decide upon
similar uses in an existing planned development district without requirement for a public hearing,
provided the following conditions are met:
1. A completed application package has been submitted and fee paid.
2. The Community Development Department has notified adjacent property owners by letter
notice and the site has been posted for at least ten (10) days,
3. No written objections have been received in such ten-day period;
4. The Community Development Director concludes that the criteria for approval, as set forth
below, are substantially complied with and support the request.
The Community Development Director can impose conditions or stipulations upon the approval,
which may include physical design, operational, and maintenance considerations to ensure compliance
with the criteria for review.
The Community Development Director shall also decide the following:
1. Whether the similar use is compatible in character and impact with permitted uses in
the planned development district;
2. Whether the similar use is consistent with the intent of the planned development;
3. Whether the similar use is objectionable to nearby property by reasons of odor, dust,
fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs,
outdoor storage or use; and
4. Whether the similar use will be hazardous to the health and safety of surrounding areas
through danger of fire or explosion.
II. PROPERTY DESCRIPTION/EXISTING CONDITIONS
The property is 20,887 square feet (.48 acre) in size and it has a block building on it with 5750 square
feet of floor area. Access is by a single curb cut from W. 35th Avenue.
Zoning of the parcel occurred in 2002. The intent of the zone change to PCD was to allow a luxury
car rental facility. There is also a list of additional commercial businesses permitted on the property
which was negotiated between staff, the property owner and the neighborhood. Because of the limited
Case No. WZ-05-08/Loecher ,
amount of on-site parking, the use list was gauged accordingly. High volume uses such as medical
offices and restaurants were not permitted due to the high parking requirement.
A coffee house, considered a restaurant use, is not listed as a permitted use on the use list on the
Outline and Final Development Plans.
Attached is the applicant's narrative regarding justification for grant of similar use.
III. SIMILAR USE DETERMINATION CRITERIA
Before a similar use is approved, the applicant shall show and the Community Development Director
shall determine whether the proposed similar use:
1. Is compatible in character and impact with permitted uses in the planned development
district;
The proposed coffee house use has characteristics similar to several of the uses permitted in the
planned development use list. These characteristics would include size of the space, operation,
equipment used, number of employees and hours of operation. The most comparable uses in the
permitted use list would be candy/confectionery stores and health food and vitamin stores.
2. Is consistent with the intent of the planned development;
The intent of the planned development and permitted uses is to serve the needs of the neighborhood.
The proposed coffee house use is consistent with this intent.
3. Is objectionable to nearby property by reasons of odor, dust, fumes, gas, noise, radiation,
heat, glare, vibration, traffic generation, parking needs, outdoor storage or use;
A coffee house will not operationally produce odors, dust, fumes, gas, noise, radiation, heat, glare or
vibration. It has been determined by staff that adequate parking exists on site based on the breakdown
of interior floor space. The majority of the traffic to and from the site will utilize Wadsworth Blvd.
resulting in minimal traffic impact to the residential neighborhood to the east. Outdoor storage is not
permitted in this planned development.
4. Will be hazardous to the health and safety of surrounding areas through danger of fire or
explosion
The equipment used and operation of the coffee house will not be hazardous to the health and safety of
the area. The Wheat Ridge Fire Protection will approve needed interior modifications to the structure.
No physical changes will occur to the layout of the site; therefore, fire access will not be
compromised.
Case No. WZ-05-08/Loecher
IV. STAFF RECOMMENDATION/FINDINGS OF FACT
Staff recommends approval of the Similar Use Determination request within the Miracle on 35`h
Avenue Planned Commercial Development at 3502 Wadsworth Blvd to allow a coffee house, with the
following findings of fact:
1. This request for a similar use determination meets all applicable conditions as required
by Section 26-307 of the City of Wheat Ridge Code of Laws.
2. The property was posted and adjacent property owners were noticed regarding the
similar use determination request.
3. Staff has not received written comments in opposition to this request from the adjacent
property owners.
3. There will be no changes to the property itself therefore; there will be no detrimental
effect on the health, safety and welfare of the area, including fire protection accessibility.
5. The site conditions are not changing; therefore, the fire accessibility is maintained.
6. There should be minimal impact on traffic in the area as primary access will be from
Wadsworth Blvd.
7. There is adequate parking on-site to accommodate the coffee house use.
Therefore, Case No. WZ-05-08 is hereby APPROVED with the following conditions
1. Hours of operation: 6 AM to 8 PM
2. The coffee shop use is the only food service establishment permitted. No other restaurant uses
are permitted. The use of grills, fryers, ovens and stoves will not be allowed. The use of
microwave ovens is permitted.
3. No drive-in or drive-through facilities will be allowed.
4. No outdoor speakers will be allowed.
5. The coffee house tenant space shall not exceed 2100 square feet.
6. Outdoor seating in the front of the building will be permitted as long as handicapped
accessibility to the building is maintained.
(/~Ifk/✓~ //fff0 6, lZ7lQ~S_
Community Development Director
Case No. WZ-05-08/L.oecher 4
Jackie Ingenthrone
7575 W. 35`' Avenue
Wheat Ridge, CO 80033
June 16, 2005
City of Wheat Ridge
Community Development Department
Meredith Reckert, Senior Planner
Dear Ms. Reckert:
VII
This letter is in regard to a request by Roger Loecher for approval of a similar use
determination to allow a coffee house in the Miracle on 35th Avenue Planned Commercial
Development.
I am the adjacent property owner directly to the east of the property. I have no objections
to a coffee shop as long as adequate restrictions are applied so that my residential
property is not negatively impacted.
I would like to see the following restrictions:
1. Hours of operation: 7 AM to 7 PM
2. The coffee shop use is the only food service establishment permitted. No other
restaurant uses are permitted. The use of grills, fryers, ovens and stoves should
not be allowed.
3. No drive-in or drive-through facilities be allowed.
4. No outdoor speakers are allowed.
If you have any questions, p/llease~ call me at 303-421-2797.
Sincerely,
Jackie Ingenthrone
i
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
The City of
Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
WJill
June 10, 2005
This is to inform you of Case No. WZ-05-08, a request for administrative
approval of a determination of similar use within the Miracle on 35 h Avenue
Planned Commercial Development located at 3502 Wadsworth Boulevard
The proposed use under consideration is a coffee shop.
Pursuant to Ordinance No. 1200, a determination request can be granted by
the Community Development Director without need for a public hearing.
Prior to the rendering of a decision, all adjacent property owners are required
to be notified of the request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-
2846 or if you would like to submit comments concerning this request, please
do so in writing by 5:00 p.m. on June 20, 2005.
Thank you.
7v (`7-'I Dr- '/V~f&Y7-~
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vJ2 -o5=0 - - 0e-c~r MetroScan / Jefferson (CO)
Owner Owner :Myers Willard W Parcel :023806 e~Y}(1y2
Site :7535 W 35th Ave Wheat Ridge 80033 JAI
7004 2890 0001 6401 3Ct
Mail :7535 W 35th Ave Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath_1.50 TotRm: YB:1954 Pool: B1dgSF:1,140 Ac:.30
MetroScan / Jefferson (CO)
Owner :Ingenthrone Charles Le Ray Parcel :024949
Site :7575 W 35th Ave Wheat Ridge 80033 7004 2890 0001 6401 3032
Mail :7575 W 35th Ave Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath:1.00 TotRm: YB:1935 Pool: B1dgSF:1,460 Ac:.32
• MetroScan / Jefferson (CO)
Owner :Epperson Linda B Parcel :02517a 3249
Site :7520 W 35th Ave Wheat Ridge 80033 7224 2892 2221 6421 -
Mail :7520 W 35th Ave Wheat Ridge Co 80033 7004 2890
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:1,449 Ac:.32
• MetroScan / Jefferson (CO) * f
Owner :Wells Jonathan Parcel :0255nQ U VC t,A'Po
Site :7604 W 35th Ave Wheat Ridge 80033 7004 2892 2221 6401 3256
Mail :7604 W 35th Ave Wheat Ridge Co 80033 --:~z414P7_.
Use :1112 Res,Improved Land Phone
Bedrm:4 Bath:1.75 TotRm: YB:1923 Pool: B1dgSF:2,404 Ac:.29
MetroScan / Jefferson (CO)
Owner :Life Centre Ministries Parcel :026955
Site :3495 Wadsworth Blvd Wheat Ridge 80033
Mail :PO Box 33 Oakley Ks 67748 7004 2890 0001 6401 3063
Use :9179 Exempt,Charitable,Land Phone
Bedrm: Bath: TotRm:l YB:1987 Pool: B1dgSF:6,704 Ac:.35
• MetroScan / Jefferson (CO)
Owner :Ficco Anthony M - Parcel :408802
Site :3610 Vance St Wheat Ridge 80033 xfPred :12/06/1991
Mail :3650 Vance St #1 Wheat Ridge Co 80033 7004 2890 0001 6401 3070
Use :5112 Res,Apartments,Improved Land Pnone
Bedrm: Bath: TotRm:3 YB:1992 Pool: B1dgSF:211,110 Ac:8.79
• MetroScan / Jefferson (CO)
Owner :Luke Ronald C Parcel :428549
Site :3470 Wadsworth Blvd Wheat Ridge 80033 ---A :nl/28/1998
Mail :10748 E Crestridge Cir Englewood Co 80111 7004 2890 0001 6401 3087
Use :2112 Com,Improved Land Phdrie-- _
Bedrm: Bath: TotRm:l YB:1999 Pool: B1dgSF:7,120 Ac:.66
• MetroScan / Jefferson (CO)
Owner :Loecher Roger P Parcel :443896
Site :3502 Wadsworth Blvd Wheat Ridge 80033 ^A :07/14/2003
Mail :5500 W 44th Ave Denver Co 80212 700.14 2890 6401 3094
Use :2112 Com,Improved Land Phone 0201 .
Bedrm: Bath: Tot Rm:l YB:2003 Pool: B1dgSF:5,740 Ac:.56
MetroScan / Jefferson (CO)
Owner :Chesrown Ford Inc Parcel :445093
Site :3501 Wadsworth Blvd Wheat Ridge 80033 xfA,-Pr1 :08/08/2003
Mail :110 BE 6th St Ft Lauderdale Fl 33301 7004 2890 0001 6401 3100
Use :2111 Vacant,Commercial Pnone
Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:9.75
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Telephone 303/235-2846
FAX 303/235-2857
The City of
Wheat
Ridge
June 10, 2005
This is to inform you of Case No. WZ-05-08, a request for administrative
approval of a determination of similar use within the Miracle on 35th Avenue
Planned Commercial Development located at 3502 Wadsworth Boulevard.
The proposed use under consideration is a coffee shop.
Pursuant to Ordinance No. 1200, a determination request can be granted by
the Community Development Director without need for a public hearing.
Prior to the rendering of a decision, all adjacent property owners are required
to be notified of the request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-
2846 or if you would like to submit comments concerning this request, please
do so in writing by 5:00 p.m. on June 20, 2005.
Thank you.
6pl ann ing\forms\zapubnot.wpd
Willard Myers & Elaine Myers Charles Le Ray Ingenthrone Linda Epperson
7535 W 35th Ave JackqulyIngenthrone 7520 W 35th Ave
Wheat Ridge, CO 80033 7575 W 35th Ave Wheat Ridge, CO 80033
Wheat Ridge, CO 80033
Jonathan Wells
7604 W 35th Ave
Wheat Ridge, CO 80033
Life Centre Ministries
PO Box 33
Oakley, KS 67748
Anthony Ficco & Louis Ficco
3650 Vance St #1
Wheat Ridge, CO 80033
Ronald Luke & Ann Luke Roger Loecher & Eileen Loecher Chesrown Ford Inc
10748 E Crestridge Cir 5500 W 44th Ave 110 SE 6th St
Englewood, CO 80111 Denver, CO 80212 Ft Lauderdale, FL 33301
* Search Parameters
* Jefferson (CO)
* 6/10/2005
* 8:09 AM
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39 261 00 122
39 261 00 175
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Alan White
City of Wheat Ridge
Re: Section 26-25 (IV) (C)
Enclosed is a definition of Confectionery from Roget's New Millium TM describing
many things. Also included is a Business Proposal from Hadley Payton and 7o De Mott,
the similarities between the two warrant the inclusion of Hadley's Sip and Sweets as a
permitted "Similar Use" at 3501 Wadsworth Blvd. Hadley's is the perfect example of why
the city created a process for determining similar uses to be allowed in any planned
development zone.
Hadley's fits the Ordinance #1200 Series 2000 Section (C) (1). I am asking at
this time that you proceed to Section (C) (2).
Roger P. Loecher
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ADVERTISEMENT
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May-25. 2005 9:12AM WF LLC DENVER COUNTER No. 2143 P. 1/2
Business Proposal
HADLEY'S SIPS N SWEETS
CONFECTIONERY SHOP
Hadley Payton
Joe DeMott
6995 Mariposa St #C
5387 Newcombe St.
Denver, CO 80221
Wheat Ridge, CO 80002
303-429-7819
303-237-5440
For many years my goal has been to open a small business, to be my own
boss and to provide a service for others. I have imagined a small business in a
neighborhood atmosphere that people could easily walk to and enjoy a nice cup of
coffee or sweet roll with their families and friends. Part of that goal working in and
providing a stable and fun environment for many years. Hadley's will be a place
that I would want to go to and or live near. I intend to cater to the people that live
and shop in the area. Hadley's will be a place that moms can meet together after
grocery shopping; where their kids are safe and they can feel free to enjoy
themselves, where students can ride their bikes for a place to study and retirees can
meet to socialize.
I have worked in customer service for 10 years and I am always finding new
ways to improve the systems in place but because I am an employee and not an
owner I have never been able to implement my ideas. This is an exciting
opportunity. I love to work hard, welcome challenges and will accomplish great
things.
Joe ]DeMott who is my friend and business partner has become my mentor in
this project will operate the other business in the building. Joe's extensive
knowledge of the Wheat Ridge community and his experience managing a small
business is invaluable to me. We agree that our business will complement each
other and our customers will overlap.
The proposed plan is to offer coffee, juice, smoothies, soda, tea, hot chocolate
and a large variety of pastries and cookies. For those who want a light lunch, we
will offer sandwiches and salads as well as fresh fruit. Ovens or stoves will not be
needed for this fare.
The eating area will include 6 tables, large chairs and small couches. An area
will be designated for children, with books, games and a wall painted with
chalkboard paint. The over all atmosphere will be relaxed and homey. A retail
space for such items as espresso sets, coffee cups, cookies, candy and nuts will
complete the floor plan.
May. 25. 2005 9:13AM WE LLC DENVER COUNTER No. 2143 P. 2/2
Depending on information provided by a focus group my hours will be from
7:00am to 7:00pm Monday through Saturday. I plan to try a variety of marketing
techniques such as a weekly story hour for children, punch cards for repeat
customers, gift cards and daily specials. To ensure that Hadley's is the success I
anticipate I will continually try new and innovative ways to increase my customer
base. The intent is to meet the needs and desires of the Wheat Ridge community.
The idea is simple; offer an alternative to noisy bars, crowded restaurants
and high priced coffee shops. Where you can have a snack relax and visit with
friends. Parents want to socialize but have no where to go that their kids will be
occupied and safe at the same time. Seniors are often limited by transportation and
cost I want the near by residents to walk over and grab a cup of coffee and sit and
chat for a while. Neighborhood business people and those traveling to work will be
able to run in and grab a cup of coffee and a pastry before work. Hadley's coffee
and sweets would be a valuable asset to the area and to the City of Wheat Ridge.
WUA NW
Try
118` P,q_
PCO ZONING PERMITTED USES: -
ACCOUNTING, BOOKKEEPING, TAX SERVICE, -
CONSULTING APPRAISERS, ARCHITECTS OFFICE, -
& OTHER SIMILAR PROFESSIONAL OFFICES EXCEPT
MEDICAL
ADVERTISING, BLUEPRINTING, PHOTOSTAT
COPYING & SIMILAR SERVICES
ART GALLERIES, ART SUPPLIES
CANOPIES, AWNINGS, WINDOW SHOP'
'
BABY :PRODUCTS
- SPECIALTIES & UNIFORM SHOPS:..
BEAUTY SALON:AND NAIL SHOP - -
- FLORAL SHOP ' -
TROPHY.&NOVELTY SHOP
BILLIARD SHOW ROOM , -
WINDOW COVERING SHOW ROOM -
' BRIDAL SHOP
---K'iARD SHOP
'CARPET SHOP
CELLULAR PHONE;STORE & REPAIR
.BUS_,SS.MACHINEORCOMPUTERSALES,;: -
SE VICE & REPAIR
ARTS & CRAFTSVORE
~ CANDY, NUT & CONFECTIONERY%STORE
FABRIC STORE r
. WIG SHOP' -
PACKAGING& MAILING STORE.91P~o~'~ -
GLASS REPAIR SHOP
GOLF EQUIPMENT & SUPPLIESISALE$ & SERVICE
HEALTH 1=001) &VITAMINS STORE
`)ANITORIALSUPPLIES - -
WATCH, CLOCK, CAMERA. SALES & REPAIR _
KITCHEN 6, BATFT SHOWROOM,&,SALES
LIGHTING SHOW ROOM, SALES
'LOCK SALESANSTRUCTIONS
OFFICE FURNITURE OPTICAL SHOP, PAINT AND WALLPA EReS OI RES OFFICE
WIRELESS PAGING SYSTEMS
s -
.7 -PARTY SUPPLY STORE
PHOTOGRAPHER -
SCUBA GIVING EQUIPMENTANSTRUCTIONS
STORE
SEWING MACHINES; SALES AND SPORTING GOODS
STOVE INSERTS & FIREPLACE STORE
- SURVEYOR'S OFFICE. -
TAILORING, DRESSMAKING &.CLOTHING ALTERATION SHOP
TELECOMMUNICATION OFFICE. TILESTORE.SHOW ROOM
TRAVEL AGENCY
UPHOLSTERY & FURNITURE REPAIR SHOP_ .
VACUUM CLEANERS, SALES/SERVICE
WATER PURIFY & FILTER EQUIPMENT. SALES ' _ -
. HANDICAP & SPECIAL NEED EQUIPMENT, SALES
ANTIQUE STORE/SALES
JEWELRY STORE
APPLIANCE STORE AND INCIDENTAL SERVICE AND"REPAIR
bKSTORE, NEWSSTAND, STATIONERY AND CARD STORE
-`TOYSTORE - - -
. TOBACCO SHOP
'LUXURY OR SPECIALTY CAR RENTAL -
s COIN SHOP -
DRAPERY & HOME DECORATING
.O . DENTAL OFFICE
BICYCLE&AGCESSOFiIES SHOP (SERVCC6'& REPAIRI
NOT. INCLUDING MOTORCYGE£S
y -
INTRODUCED BY COUNCIL MEMBER n; T„] lj„
Council Bill No. 20
Ordinance No. 1200
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 pretest 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 (17)(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. Severabili1y. 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 June 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 10thday of July '2000.
SIGNED by the Mayor on this 11
ATTEST:
Wanda Sang, City Clerk
APPRO AS TO FO CITY ATTORNEY
GE D DAHL, CITY ATTORNEY
1st Publication: June 30, 2000
2nd Publication: July 14, 2000
Wheat Ridge Transcript
Effective Date: July 29, 2000
E:) PlanningTORMsimiln uses.wpd
ZONING AND DEVELOPMENT
Sec. 26-307. Similar uses in planned developments.
§ 26-308
A. 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:
1. Be compatible in character and impact with permitted uses in the planned development,
2. Be consistent with the intent of the planned development,
3. Not be objectionable to nearby property by reason of odor, dust, fames, gas, noise, radiation, heat,
glare, vibration, traffic generation, parldng needs, outdoor storage or use, and
4. Not be hazardous to the health and safety of surrounding areas through danger of fire or
explosion.
B. 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:
1. The community development director 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 Ordinance 1200,
series 2000.
2. If no written objection to the proposed similar use is received and the community development
director finds that the proposed similar use meets the definition of similar use contained in
section (a) above, the community development director is authorized to approve the similar use.
3. If a written objection is received or if the community development director finds that the
definition of similar use does not apply, the community development director shall forward the
determination request to the plannin commission at a public hearing. Notice of said hearing
shall be as provided in section 26-109.
C. Recordation. If approved, the similar use shall be recorded as an affidavit of amendment to the
outline development plan.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03; Ord. No. 1319, § 1, 4-12-04)
Sec. 26,308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or addition shall be
filed with the department of community development prior to issuance of a building permit. In some
instances, platting is required and the plat can be processed concurrently with the planned development
request. Article rV of this chapter should be consulted for subdivision requirements and procedures.
A- Development plans. There are two (2) distinct steps in establishing a planned development: a
outline development plan and a final development plan. The outline development plan may be
submitted for consideration by itself or it may be combined with a final development plan. When
the outline development plan is combined with final plans, two (2) separate drawings are
required. All informational requirements of the respective plans shall be met.
B. Subdivision /platting. Subdivision or plat review may be carried out simultaneously with the
review of development plans. All requirements of the subdivision regulations for a final plat, if
applicable, must be satisfied if there are any parcel divisions created, or if there are any
dedications for streets, easements or other public purposes, or if a previously approved
subdivision is amended in any way by the proposed development. In cases where subdivision is
to occur simultaneous with development plan review, the applicant shall submit separate sheet(s)
in addition to the subject development plan.
Supp. No. 33, Revision 1763
u q
Wheat Ridge Community Development Department
PRE-APPLICATION MEETING SUMMARY
Meeting Date: May 12, 2005
Attending Applicant(s): Roger Loecher, Rex Reagan, Joe Demott,
Hadley Payton
Attending Staff: Meredith Reckert, Jeff Hirt
Address or Specific Site Location: 3502 Wadsworth Blvd.
Existing Zoning: Planned Commercial Development (PCD)
Existing Conditions:
The property is 20,887 square feet (.48 acre) in size and it has a block building on it with
5740 square feet of floor area. Access is by a single curb cut from W. 35th Avenue.
Zoning of the parcel occurred in 2002. The intent of the zone change to PCD was to
allow a luxury car rental facility. There is also a list of additional commercial businesses
permitted on the property which was negotiated between staff, the property owner and the
neighborhood. Because of the limited amount of on-site parking, the use list was gauged
accordingly. High volume uses such as medical offices and restaurants were not
permitted due to the high parking requirement.
Applicant/Owner Preliminary Proposal:
The luxury auto rental facility vacated the premises in late 2004. Since that time, the
property owner has not successfully been able to find tenants. He was recently
approached by a prospective tenant who would like to open packing/shipping store. This
is a permitted use within the planned development. Along with the shipping store, an
additional prospective tenant would like to open a coffee shop. A coffee shop, considered
a restaurant use, is not list as a permitted use on the approved use list on the Outline
Development Plan. Parking for a restaurant use is one space for every 75 square feet of
leasible area. The Zoning and Development Code does not differentiate between the
different types of eating establishments (coffee shops, fast food facilities, sit-down
restaurants, etc). There are 22 spaces in the parking lot including one handicapped
space.
Will a neighborhood meeting need to be held prior to application submittal?
A neighborhood meeting will be required if there is to be an amendment to the PCD
outline development plan.
Planning comments:
There are two items which need to be considered. The first item is parking. For an eating
establishment use, one parking space is required for every 75 square feet of gross
leasable area. The proposed area for the coffee shop is 2050 square feet. The straight
application of the parking ratio for the coffee shop space computes to a requirement for
28 spaces.
It is possible that the floor area square footage can be reduced by removing certain use
areas. Pursuant to Section 26-501.6.1., the square footage of the following items can be
removed from the requirement for parking: mechanical/utility rooms, restrooms,
elevators, show windows, hallways, common areas and kitchen areas.
Staff asked whether the property owner had inquired about a joint parking agreement with
the property, owner to the south (State Beauty Supply), and he replied that that wasn't an
option as it would have to be reciprocal.
Staff requested that both perspective tenants provide floor plans so that Staff can do a
more accurate parking calculation.
The second issue relates to a coffee shop/eating establishment use not being permitted
on the list of uses on the Outline Development Plan. There are two ways to accomplish
expansion of a planned development district use list; by either amending the underlying
Outline Development Plan or conducting a similar use determination process.
To amend the Outline Development Plan, a process similar to a zone change is required.
The first step of the process is the requirement for a pre-application neighborhood
meeting. The applicant is responsible for notifying all of the property owners and
residents within a 600-foot radius of this meeting so those desiring to attend can comment
on the proposed land use application. The Community Development Department will
initiate the 600' radius property owner search for the neighborhood meeting noticing.
The date, time and place of the neighborhood meeting must be coordinated with a city
staff member who will attend the meeting. There is a $100 charge for required staff time
for the neighborhood meeting.
Upon receipt of the application and fee, the proposal will be referred to the necessary
outside agencies for review and comment for a period of 15 days. After the referral
period has ended, a list of required corrections for both documents may be sent back to
the applicant. After all required corrections are made, a Planning Commission public
hearing date will be set.
Fifteen days prior to the Planning Commission public hearing, the applicant will be
responsible for posting the property. Planning staff will create the public notice signs;
2
however, the applicant must post the signs. The applicant (or his representative) must be
present at the public hearing, and should be prepared to address questions from
members of the Planning Commission. This process will be repeated for the City Council
public hearing. The City Council first reading usually occurs a month or so after the
Planning Commission hearing. This is not a public hearing; it is simply a public
announcement of the case so that it can be published in the newspaper. The City Council
public hearing usually occurs a month after the first reading.
The other process is a similar use determination, the requirements of which are dictated
by Section 26-307 of the Planned Development District regulations.
The property owner is desirous that the City make the determination that a coffee shop is
a similar use to a confectionary store. A confectionary shop is included on the list of
permitted uses in the PCD. While ancillary candy sales might take place in the shop, it is
staff's opinion that a confectionary shop is one where they make and sell candy as the
primary use; however, there is no specific definition in the Zoning and Development
Code.
The following is the process for a similar use determination. Once an application is made,
adjacent property owners are sent a letter notice and the property is posted for ten days.
If no written objections are received, the Community Development Director has the ability
to approve the similar use. The evaluation criteria includes the following: that the similar
use be compatible in character with other permitted uses in the planned development,
that the similar use be consistent with the intent of the planned development, that the
similar use not be objectionable to nearby property due to odor dust, noise, traffic
generation and parking needs; and that the similar use not be hazardous to the health
and safety of surrounding areas due to fire danger or explosion.
If objections are received or if the Community Development Director does not rule in favor
of the similar use, the request is scheduled for a public hearing in front of Planning
Commission.
To proceed with the similar use determination, Staff recommends the owner provide
rationale supporting how these two uses are similar. The rationale should describe
characteristics which are comparable for both uses (such as use of interior space, food
preparation, equipment used, number of employees, etc). The rationale should also
address the criteria described above.
Public Works comments:
Not in attendance. No comments.
Building comments:
Not in attendance, comments will be made after receiving submittal package.
Streetscape / Architectural Design comments:
Not applicable.
3
Phone Numbers
Meredith Reckert - Senior Planner 303-235-2848
Travis Crane - Planner 303-235-2849
Dave Brossman - Development Review Engineer 303-235-2864
Jeff Hirt - Planning Technician 303-235-2845
Chad Root- Building Official 303-235-2853
4
May. 9. 2005 10:50AM WF LLC DENVER COUNTER No. 1840 P. 2
Business Proposal
HADLEY'S SIPS N SWEETS
CONFECTIONERY SHOP
Hadley Payton Joe DeMott
6995 Mariposa St kC 5387 Newcombe St.
Denver, CO 80221 Wheat Ridge, CO 80002
303-429-7819 303-237-5440
For many years my goal has been to open a small business, to be my own
boss and to provide a service for others. I have imagined a small business in a
neighborhood atmosphere that people could easily walk to and enjoy a nice cup of
coffee or sweet roll with their families and friends. Part of that goal working in and
providing a stable and fun environment for many years. Hadley's will be a place
that I would want to go to and or live near. I intend to cater to the people that live
and shop in the area. Hadley's will be a place that moms can meet together after
grocery shopping; where their kids are safe and they can feel free to enjoy
themselves, where students can ride their bikes for a place to study and retirees can
meet to socialize.
I have worked in customer service for 10 years and I am always finding new
ways to improve the systems in place but because 1 am an employee and not an
owner I have never been able to implement my ideas. This is an exciting
opportunity. I love to work hard, welcome challenges and wilt accomplish great
things.
Joe DeMott who. is my friend and business partner has become my mentor in
this project will operate the other business in the building Joe's extensive
knowledge of the Wheat Ridge community and his experience managing a small
business is invaluable to me. We agree that our business will complement each
other and our customers will overlap.
The proposed plan is to offer coffee, juice, smoothies, soda, tea, hot chocolate
and a large variety of pastriesand cookies. For those who want a light lunch, we
will offer sandwiches and salads as well as fresh fruit. Ovens or stoves will not be
needed for this fare.
The eating area will include 6 tables, large chairs and small couches. An area
will be designated for children, with books, games and a wall painted with
chalkboard paint. The over all atmosphere will be relaxed and homey. A retail
space for such items as espresso sets, coffee cups, cookies, candy and nuts will
complete the floor plan.
May. 9. 2005 10:51AM WF LLC DENVER COUNTER , No. 1840 P. 3
Depending on information provided by a focus group my hours will be from
7:00am to 7;00pm Monday through Saturday. T plan to try a variety of marketing
techniques such as a weekly story hour for children, punch cards for repeat
customers, gift cards and daily specials. To ensure thatHadley's is the success I
anticipate Y will continually try new and innovative ways to increase my customer
base. The intent is to mect the weeds and desires of the Wheat Midge community.
The idea is simple; offer an alternative to noisy bars, crowded restaurants
and high priced coffee shops. Where you can have a snack relax and visit with
friends, Parents want to socialize but have no where to go that their lads will be
occupied and safe at the same time. Seniors are often limited by transportation and
cost T want the near by residents to walk over and grab a cup of coffee and sit and
chat for a while. Neighborhood business people and those traveling to work will be
able to run in and grab a cup of coffee and a pastry before work. H[adley's coffee
and sweets would be a valuable asset to the area and to the City of Wheat Ridge.
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GLEN GIDLEY, AICP - zoning & Real Estate Consultant
8684 W. WARREN DR., LAKEWOOD, CO. 80227
303-763-5221 (Office) 720-962-5334 (Fax) alengidleypmsn.com (Email)
Zoning Administrator
City of Wheat Ridge
Department of Planning & Development
7500 W. 29' Ave.
Wheat Ridge, Co. 80033
RE: 3502 Wadsworth Blvd. - Similar Use Determination Request
Dear Mr. White
I represent Roger Loecher, owner of 3502 Wadsworth Blvd., as a zoning
consultant. He has asked me to review the terms of the approved and recorded
Planned Commercial Development (PCD) zoning which applies to his property,
in regards to a proposed new tenant who would like to operate a small coffee
shop to be named "Hadley's Sip N Sweets". I know that Mr. Loecher has
previously provided you with preliminary information regarding the proposed use
and how that use would occupy the existing commercial building. I will first
describe the proposed use and it's operating characteristics, then I will compare
that use and it's characteristics to the "Similar Uses" provisions set forth in the
Wheat Ridge Zoning Ordinance, Section 26-25(IV)(C).
A. Proposed Similar Use
Hadley's Sip N Sweets, as detailed in the attached Business Proposal, is
described as a small business oriented toward the neighborhood. It would offer
coffee, espresso, tea, and other non-alcoholic drinks; sweets such as pastries &
rolls, cookies; and possibly fresh fruit, salads and sandwiches which would not
require a kitchen with ovens or stoves. There would also be a small retail area
offering confectionary goods such as cookies, candies, and nuts, and coffee or
tea related items for sale. Seating would be in relaxed, informal style with small
tables & chairs, as well as couches with coffee tables offering a place to relax,
read or play a board game.
In general, I believe this use should be characterized as a "Coffee House".
B. Sec. 26-25(IV)(C) Similar Use Provisions Evaluation
I will evaluate the proposed use based upon the key provisions set forth in
subsection 1. Definition. and the specific PCD ZONING PERMITED USES as set
forth in the approved and recorded ODP as follows:
1. Similar size? The proposed Coffee House will lease 2000 square feet of
area in the existing building, with the area available to customers being about
1100 square feet. The various uses allowed by the PCD-ODP would require
from 1000 square feet to as large as many thousands of square feet (e.g. art
galleries, carpet shop, health food store, office furniture, antique store, etc.)
Therefore, the proposed Coffee House will be similar in size to many other
similar permitted uses.
2. Similar Type of Operation? The proposed Coffee House would use existing
signage facilities associated with the property, would not have any outside
activities other than a couple of patio tables on the sidewalk next to the entrance
in good weather, and would offer both prepared and packaged goods for sale
and consumption on the premises. Most of the "Permitted" uses would have
similar signage requirements, and may also have some outside display (e.g.
floral shops usually have yard goods displayed outside, sporting goods stores
usually have some items such as canoes and similar items displayed outside).
More specifically, the Coffee House would be very similar to the operation of a
Candy, Nut & Confectionery Store, and a Health Food & Vitamin Store, in as
much as food is a primary component of their business. Many Health Food
Stores have prepared coffee and juices, sandwiches, and other prepared food
items for sale and consumption on the premises. Certainly, Candy, Nut &
Confectionery Stores sell similar items as is being proposed by the Coffee
House. Therefore, the proposed Coffee House will be similar in type of
operation to many of the similar permitted uses, but more particularly to Candy,
Nut & Confectionery Stores and Health Food & Vitamin Stores.
3. Similar Services Provided or Equipment Used? The proposed Coffee
House will have a sales counter, a back counter with water, small electric
heating, cooling and processing appliances, storage bins and cabinets; display
shelves and racks for sale items, a few small tables, chairs, and couches. This
is a service type of use, similar to many of the "Permitted" uses, but more
particularly similar to Candy, Nut and Confectionery Stores and Health Food &
Vitamin Stores. Most Health Food Stores have a prepared foods section with
coffee, tea, juices, sandwiches, etc. for sale and consumption on the premises,
and many have a customer seating area.
4. Similar Number of Employees? As indicated, the proposed Coffee House
will have between 1 and 3 employees, whereas the various "Permitted" uses
would have from 1 to as many as 50 employees, depending upon the specific
use and size of facility. I believe that the ratio of number of employees to floor
area requirements are similar.
5. Similar Hours of Operation? The proposed Coffee House would be open 7
days a week, between lam to 7pm. Many of the "Permitted" uses, such as copy
services, beauty salons, candy/nut/confectionery stores, health food & vitamin
stores, dental offices and other offices keep similar hours.
6. Compatibility with other Permitted Uses? The Coffee House has no
external impacts that would be incompatible with other permitted uses, moreover
it would compliment many of the other uses by bringing buyers and users to the
property when they may not have previously stopped! This would be good for
the other businesses. Also, employees will not have to drive to another location
for a snack or light lunch as they can walk next door!
7. Consistency with Intent of the PCD? The ODP clearly indicates that small
businesses that serve the neighborhood and community could be expected to
locate on the property. This is a small neighborhood oriented business.
8. Not be Objectionable to nearby property by reason of odor, dust, fumes,
Gas, noise, radiation, heat, alare, vibration, traffic Generation, parking
needs, outdoor storage or use? Most of these will not be a factor at all as
there will be no odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, or
outdoor storage. There will be traffic and parking needs, however adequate
parking and site access already exist. Many of the customers will walk or ride a
bicycle to the Coffee House. Those who drive will have adequate parking as
there 22 parking spaces for the entire property. The only possible outside
activity may be a couple of awning tables located on the front sidewalk for
customers.
9. Will the Similar Use be Hazardous, or pose a Danger of Fire or
Explosion? There are no hazardous aspects to a Coffee House other than
possibly burning your lips on hot coffee!
In conclusion, we believe that all of the criteria set forth by the Zoning Ordinance
Section 26-25(IV)(C) support a determination that the requested Coffee House is
similar to other "Permitted Uses" as provided by the approved and recorded
PCD-FDP. We are confident that when you notify the adjacent property owners,
as is required by law, they will support the proposed Coffee House.
Thank you for your consideration in this matter.
Respectfully sub itted,
Glen Gidley, A.I.C.P.
SE PROCESSING APPLICATION
!1~ Zip is~z FaX -.z'-is o0
[unity Development Department
29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Phone
Owner Address Phone
City / State Zip Fax
Contact 3C C .e y f.,/),~~4/~/-;2Address L,-,-,v A) Phone -5-V 5S6'`
City State ii Zip ;2 Fax3 -$Sod
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request
~S T
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
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval ❑ Variance/Waiver (from Section )
❑ Other: s,l1w iz +/r Gr Ji=
Detailed description
Required information:
Assessors Parcel Number:
Size of Lot (acres or square footage):
Current Zoning:
Proposed Zoning:
Current Use:
Proposed Use:
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 acting with the
knowledge and consent of those persons listed above,
without whose consent the re sted act ont l
ly be accomplished. Applicants other than owners
must submit power-of--att ey from e o ch
pr ction on his behalf.
Signature of Applica
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Date received Wele;5- Fee $ -'2"10 -'2"10 e ecei t No.,5- Case No. kfZ- 05
41
Comp Plan Desig. Zoning 7
Quarter Section Ma
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Case No.: 20508 Quarter Section Map No.: NE26.,_
App: Last Name: Loechgr y.-.. Related Cases:
App: First Name: Roger Case History: Determination of similar
Owner: Last Name: ame use(coffee shop)...
Owner: First Name:
App Address: 500 W 44th Ave. Review Body: dm
City, State Zip: Denver, CO 80212
App: Phone: 03-6385858 APN: 9.261-08-009,
Owner Address: ame ! 2nd Review Body:
City/State/Zip: 2nd Review Date:
Owner Phone: - ame Decision-making Body:
Project Address: 502 Approval/Denial Date:
Street Name: adsworth Boulevard _
City/State, Zip: heat Ridge,. CO 80033 Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
Project Planner. lReckert District: 1'
File Location: ]Active Date Received: 0/8/2005
Notes:
Follow-Up: Pre-App Date: E
CITY OF !LIIHEAT RIDGE
06/10,/05 3-14 PH rdb
ROGER LOECHER
RECEIPT HO-C014545
FCIGD ZONING APPLICATION F
ZONE
PAYMENT RECEIVED
CK ''27,56
TOTAL
AMOUNT
200.00
AMOUNT
200.00
200.00