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HomeMy WebLinkAboutWZ-05-087500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge ,o i~~WH~TQ um C~<ORA~O 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 My commission expires--///& %OTA,1 c Notar blicy 5;pUBI G~ 4~> c~~l N/~ 9 a co J My commission Expires 04/1612006 °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-~ S77-P c> ?~~1~L`~ y7[3 Gl/~G(/a~2T't7 1~Lit9 r ~ e:\planning\forms pubnot.wpd 14 61/~ dl'- A 5-0 z &/1W-5ArtW 7-h' A- Ve, 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 Parcel Number ...9 39 261 00 121 39 261 00 122 39 261 00 175 39 261 08 008 39 261 08 009 39 261 09 016 39 262 00 019 39 262 00 015 39 262 02 162 00-013 Gaa -/G,~- 2 80')41 001 1 N 27.00') I 13-001 i i i I I 1 I I 00-016 ° 00-015 ° 00-014 00-017 o N N N W 101 30' 80 20' 93 50' o (27500') (105.70') No 13-002 00-022 00-023 00-024 20 00-025 00-178 00-181 00-182 00-183 00-186 08-008 0 ki N v AY Tft \ Reti l l f; E: 734.53' N 00-120 1 0 t (128.30') c X00-121 • _ co W S0-12 • 'c °°00-123 • 0-124 c N 00-125 "o N 00-120 , cn o z: 128.30' 76.70' (64.00' 78.30 112.20' 86.80 I ---------------------------35THAVE 14 A 09-016 u w cc 00-175 • co x '000-174 to cc 00-173 • cc cc °00-172 • CD Qc 00-171 cm U N o o 0 0 a ~ a 154.70' 77.30' 1.50 0.00' 73.70' 1 9 8)(f)1.50') 73.70' 1 (136.UU- A 09-014 i 00-178 o V 00-179 n~ o (133.01') o I: 009-013• 009-012 ' 84.50 ) 8 ) 134 70' 0 0 (14300') 09-015 00-181 ° 00-180 C~ 73 80' 77 20' m ' 189i Sol) (JA9> 22265 ) 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 I I nesaurus. com/coitocti onery Confectionery Ctionary Plome 2- Tliesaunis %'leb Diciionar°a - Tl'fesuiims - Web Ton Web results for "confectionor" 2 entries found fol coly'e' llonerym 714~4:l Entry. bakery Definitiom business S ri ~2 t i:_e; bale shop; confer"tioiiery, ;ast ±l_431i, patisserie Source- Rcsget'slr r;✓ize:r::'€;,.TM sees ir;ac FV, &Iffion 7.1. 1) C pyrigh! ( --,00 by Lexico ubli.s.7:i„g Group, TL t1t7 rg]?ts'r:5a37'veJ Mni. gnliy. sweet. ,i&a 4I spee,63. now? D~.a,gstno~o c sugary sco;: Sy~aony-mso bonbon, candy, chocolate, con-Fo 6on, - cocfectiCneru, cop*EUre, rielight, dessert, enjoyment, final course, gratificati=. on, joy, Pleasure, pudding, sna&, Sugarplum, sweetmeat .Source. Roget's Noi'✓✓ 1°✓~e t'e iniv3iiTNf Thxsaurus, rs EaVion (v 1. 1.,') CbjvyrigTae` ) 2005 by Lexir_o Group, LLC. All;-Fhti reserved Page i of Prernium: Sign-up i Uogin. 1-2os2. ADVERTISEMENT bttp:/hllesau "is.reference. con?/searcli7r,=conf4.e user' a i J 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. f}fl I ~ c t ~ G33 V ~ CSC ~ 4 ~ E _ _e a I ~ 4 I I i ~ ~q i 4~ ~ i' I hl t 3 po e! 1' i i a - - - p~} i n ~ t• o- K 9 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 / ubscribed and s r to *I?t is y of 20 P in, .7 9~•.,,.N ublic ~p G mmission expires f411~ A6 To be filled out by staff- lay commission Expires 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 Related Case No. Pre-App Mtg. Date Case Manager .e-' -Zr-~ r ~x C p. ~ ! 1 a~ ~ ~t w. n a t- r wrrrr ae w~ ~ ~rwnr rw ~ _~r •w~/~ w wwiw~w~ w ar~wr s wwa~ • ~.rws • ~ r.wrw w ■rr~w w w ~rr~rrr s ww~rrr • wwa~ww w 1 I 1 _ 1 i, i- 1 a 1 1 1 1 1 I 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