HomeMy WebLinkAboutPBG-01-03City of Wheat Ridge
Planning and Development Department
Memorandum
TO:
ase File No. PBG-01-03
C
FROM:
C
I' Meredith Reckert
SUBJECT: Administrative Planned Building Group Application
DATE: December 31, 2001
The City of Wheat Ridge has received an application for approval of a planned building group
plan for property located at 4313 Wadsworth Blvd. The purpose of the application is to allow a
coffee kiosk to remain on the property.
Pursuant to Section 16-116(D) of the Wheat Ridge Code of Laws, the Zoning Administrator is
empowered to decide upon applications for a Planned Building Group for no more than four
main structures on a single lot or parcel, except in the R-1 series, R-2 series and A-1 zone
districts without requirement or public hearing.
The applicant, John Colip, has operated his coffee kiosk as a temporary use at this location for
over six years. A temporary use was a one-hearing approval granted by the Board of
Adjustments through a public hearing process. Relevant case numbers are TUP-94-2, TUP-95-
6, TUP-96-5, TUP-97-2, TUP-98-5 and TUP-994. In the summer of 2001, the city code was
revised which eliminated the ability for this type of one year, temporary approval. Under the
new legislation, only the Planning and Development Director has the ability to approve a one-
month temporary use permit, renewable two times. Therefore, the coffee kiosk use must either
cease or receive an alternate zoning approval.
Staff had previously processed Mr. Colip's case as a temporary use on the basis that it was
located on a property that already had occupied commercial uses. Also for the fact that there
were not permanent utility connections to it and typical commercial landscaping was not
installed. Staff recommended that the alternate zoning process be a planned building group plan.
Existing on the property are three primary structures address as 4311, 4315 and 4325 Wadsworth
Blvd, which appear to have been built in the early 1960's prior to the incorporation of the city.
They are used commercially as a retail sales establishment, law offices and a miniature golf
facility. Access is by-way of multiple curb cuts to Wadsworth Blvd. and there is minimal
landscaping on the property. There is paved access through-out the parking and drive-aisles for
the individual buildings. The property is non-conforming to current standards for landscaping,
streetscaping, parking and access.
A provision has been included on the plan allowing termination of the lease upon sales of the
property, condemnation for public use, termination of the miniature golf course use, or
development or redevelopment on whole or part of the property.
The following are staff's comments relative to the criteria used to evaluate a planned building
group plan.
IV. PLANNED BUILDING GROUP CRITERIA
1. Whether the proposed plan is consistent with the spirit and intent of the Zoning
Ordinance and of the Comprehensive Plan and that it would not be contrary to the
general welfare and economic prosperity of the City or the immediate neighborhood
and that the plan has been prepared to achieve the benefits of improved design.
The property is designated as Community Commercial Center on the Comprehensive Plan. The
coffee kiosk compliments the existing, adjacent commercial development, therefore, staff
concludes it is consistent with the Comprehensive Plan.
2. Whether there are provided an adequate amount and proper location of pedestrian
walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and
parking spaces, and to separate pedestrian walks, malls and public transportation
and loading places from general vehicular circulation facilities.
The property is non-conforming to current standards for landscaping, streetscaping, parking and
access. It will remain non-conforming until it is redeveloped at which time the coffee kiosk will
be removed.
3. Whether the design provides for an arrangement of buildings and vehicular open
spaces so that pedestrians moving between buildings are not unnecessarily exposed
to vehicular traffic.
Staff anticipates little pedestrian activity between adjacent buildings.
4. Whether the plan provides for proper height, orientation and location of signs
compatible with adjacent areas and with respect to traffic-control devices.
The only signage associated with the kiosk is a wall sign on the structure. It's size is consistent
with the city's code for wall signage.
5. Whether the design is adequate for internal efficiency of the plan, considering the
functions of residents, tenants and users, and including, but not limited to, public
access, safety and such other factors including storm drainage facilities.
The property has paved access through-out the parking and drive-aisles for the individual
buildings. There are no concerns for public access, safety or storm drainage.
6. Whether adequate and convenient arrangement is provided for roadways,
driveways, off-street parking and loading space, facilities for waste disposal and
illumination.
There is adequate stacking space, parking and loading space for the facility. Facilities for waste
disposal are available from the main use on the property (Putt-Putt Golf facility).
Whether external effects of the plan are controlled, including, but not limited to,
movement and congestion of traffic, arrangement of signs, placing of lighting
devices to prevent the occurrence of nuisances, and the prevention of the
accumulation of litter and trash.
The kiosk has been in place for over six years. There have been no traffic accidents reported due
to the operation of the kiosk, nor have there been zoning code enforcement complaints.
8. Whether the plan is in compliance with the building and fire codes relative to all
aspects of construction and site development, including, but not limited to,
accessibility by emergency vehicles.
Since this is a temporary building, there are no relevant building and fire codes.
9. Whether the plan has considered the comments and recommendations made by the
various review agencies to the greatest extent possible or practical under the
circumstances.
Since there are no utilities serving the kiosk, agencies were not contacted for referral responses.
10. Whether necessary public improvements, including, but not limited to, curb, gutter,
sidewalk, roadway and drainage facilities as required, are provided for in the plan
for construction and dedication.
When the property redevelops, it will be assessed for public and private improvements, including
curb, gutter, sidewalk, street improvements and drainage facilities.
11. Whether the proposed density (if residential) and character of development is
compatible with the predominant character of surrounding uses and development.
The kiosk is located in an area which is nonconforming relative to today's commercial standards.
Staff believes the property is underdeveloped and will eventually be redeveloped into an
integrated commercial center. The kiosk is not inconsistent with the existing character of the
area.
Staff concludes that the criteria used to evaluate a planned building group support
approval of this request and that all applicable conditions required by Section 265-116(D)
of the Cit of Wheat Ridge Code of Laws. Therefore, Case No. PBG-01-03 is hereby
approved.
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DECLARATION OF PIA14N'D BUILDING DROLP;
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AND THE ORDNM4L'ES REUATNO Flom ARE MHO ON sLIeSE"w PURCHA K SLKCESSORS ANO MsXws UNLESS THE PLWF 6
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AND STRUCTURES 1NCLLWCD WORN MR F M HL CAHDOPS A LNR.A1 SET rORIH N SUCH PWK PND OR08VMICLS.
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LAND USE CASE PROCESSING APPLICATION °F wHrar
Po Planning and Development Department qc
7500 West 29'^ Avenue, Wheat Ridge, CO 80033 °
Phone (303) 235-2846 coeoRno°
(Please print or type all information)
Applicant 7]~g ~ Address1/?i 0 yl~ =1~ i Phone 2-3 -7
City / State Zipo®3a Fax cyz~ ~7
Owner 2.~ V zee e~-> Address S Phone 3 -7t~
City ,l r~~~ / .py~ State Q~ Zip ~0~3~ Fax c1~~ 71nr'
Contact 0 r'r ~ Address 5«~ Phone ion 2
City it vr~ State Sc Zip Faxes
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, and will receive a copy of the staff report prior to Public Hearing)
Location of request (address):
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)
❑ Interpretation of Code ❑ Preliminary ❑ Final
❑ Lot Line Adjustment ❑ Right of Way Vacation
P Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval ❑ Variance/Waiver (from Section )
❑ Zoning Ordinance Amendment ❑ Other:
Detailed description of request: .1 u 1~z ~v P ' u f
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 am acting with the knowledge and consent of those persons listed above, without whose consent the requested action
cannot lawfully be accomplished. Applicants other than owners must submit power-of-attomey from the owner which approved of
this action on his behalf.
.~I/f ~G(rt;~~ GGGGx+` Sp=a
Signatur pc
Sp ' . Subscribed and sworn to me this 30 day of 12001
O:
SALLY J.
RIZZI Notary
ublic
My com 'ssio sSlon 0812712003
Date received //_a~ten! Fee$ Receipt No. e0/ 230Z Case No. 1086-01-03
Comp Plan Desig. - Zoning G-/ Quarter Section Map 560.23
Related Case No. Pre-App Mtg. Date Case Manager ~~a ec
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- W 39TN AVE ~ - -
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I I T T
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
MAP ADOPTED: June 15, 1994
Last Revision: January 9,1995
ZONE DISTRICT BOUNDRY
- PARCEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
+ DENOTES MULTIPLE ADDRESSES
I.::-ARTMENT OF P1_AMJN5 Ato MyHAPMENT - 255-1857
L:\OAAWINGS\PLANNING\OS\SW23
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Case No.:
PBG0103
Quarter Section Map No.:
SW23
App: Last Name:
Norwood Enterprises
Related Cases:
App: First Name:
clo G. Boatright
Case History:
PBG to legitemize mulitiple
i
on a single
Owner: Last Name:
Norwood Enterprises
l
parce
p
Owner: First Name:
r~---
I
App Address:
315 Wadsworth Blvd.
Review Body:
dm.
City, State Zip:
heat Ridge, CO 80033
App: Phone:
303-423-7131
APN:
39-233-00-006
Owner Address:
Fame
2nd Review Body:
City/State/Zip:
2nd Review Date:
Owner Phone:
ame
Decision-making Body:
dm.
Project Address:
313
Approval/Denial Date:
Street Name:
adsworth Blvd.
City/State, Zip:
heat Ridge, CO 80033
- Reso/Ordinance No.:
Case Disposition:
Conditions of Approval:
Project Planner: Reckert
File Location: ctive
Notes:
Follow-Up:
District: 11
Date Received: 12/10/2001
Pre-App Date: F_
Goto page 7
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
Telephone 303/ 235-2846
FAX 303/235-2857
May 29, 2001
Gerald Boatright
4315 Wadsworth Blvd.
Wheat Ridge, CO 80033
Dear Mr. Boatright:
Please let this letter serve as a response to your correspondence dated May 16, 2001, and the attached
copy of your proposed planned building group plan. Staff has no problem with the proposed title. The
planned building group declaration can be modified as long as the rest of the city's language is
maintained.
The following are my comments regarding the submitted plan:
1. The document title should be moved to the top instead of being in a title block at the
bottom so it gets recorded correctly.
2. The recorder's certificate should be at the bottom of the page and should follow the
content provided on the attached copy of the specifications from the Jefferson County
clerk and recorder's office
3. Add a notarization block for the owner's signature.
4. In the declaration of planned building group, change the code of laws section from
"Section 26-30(C)" to "Section 26-116".
5. In the declaration of planned building group, remove the date (August 11, 2000) and
leave a blank line to be filled in prior to recording.
6. Please add the attached language as a note regarding blanket cross access.
Although the planned building group plan review is administrative in nature, a completed application,
proof of ownership and filing fee in the amount of $100 must be submitted with two copies of the
proposed plan. The review time for this procedure will take roughly three weeks to complete.
Once the plan is reviewed and requested changes, if any, are made, a blackline photographic mylar
meeting the specifications of the Jefferson County Clerk and Recorder's office must be provided for
recording. The owner and surveyor must sign the document with black, indelible ink
If you have any questions, do not hesitate to contact me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: John Colip
BOATRIGHT & RIPP, PLLC
GERALD E. BOATRIGHT
May 16, 2001
Meredith Reckert, AICP, Senior Planner
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Dear Ms. Reckert:
4315 WADSWOAFH BOULEVARD
WHEAT RIDGE, COLORADO 80033
TELEPHONE (303) 423 7131
h--, FAX (303) 429 7139
Ap,
~IZD
`14e--
Attached you will find a survey with an outline of the building groups proposed
by Norwood Enterprises, Ltd.
Norwood Enterprises is a Colorado joint venture, and the undersigned is the
managing partner.
Attached to the survey for the building group is a proposed declaration for
inclusion into the plat. If the same is satisfactory, we will advise Mr. Colip and he can
proceed to provide you with the appropriate documentation.
Very truly yours,
BOATR16HT & RIPP
, Gerald 4) Boatright
GEB:mk
Enclosures
7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
Telephone 303/ 235-2846
FAX 303/235-2857
May 14, 2001
John Colip
12475 West 381' Avenue
Wheat Ridge, CO 80033
Dear John:
Thanks for the new info (via Caren). Sorry about my tardiness in responding.
The proposed title and declaration look good to me. They both need to be incorporated into the plan.
Who is Norwood? Is that the ownership of the parcel? Once the changes are made, please follow the
attached zoning code excerpt in regard to the submittal requirements.
If you have questions, please let me know.
Sin erely,
Meredith Reckert, AICP
Senior Planner
c: Colip PBG file
Gerald Boatright
MEMORANDUM
TO: John Colip
FROM: Gerald E. Boatright
DATE: April 11, 2001
RE: NORWOOD PLANNED BUILDING GROUP/CITY OF WHEAT
RIDGE
We would propose the following:
a. The Planned Building Group be designated as the Norwood Planned
Building Group Plan.
b. The declaration of the Planned Building Group be amended to show
that it has been submitted by Norwood Enterprises, LTD, and also that it contain the
following language:
Declarant may terminate this Planned Building Group Plan by filing
with the County Clerk and Recorder of Jefferson County, Colorado,
Declarant's acknowledged Declaration of Withdrawal of the Planned
Building Group upon the occurrence of any one or more of the
following: sale, transfer, or assignment of the interest of Norwood
Enterprises, LTD, in the property, the condemnation of all or any part of
the property (or a deed in lieu of the exercise of eminent domain),
dedication of any part or portion of the property for public use, or the
termination of the miniature golf course use (as shown on the Official
Development Plan), or the further development or redevelopment, in
whole or in part, of the property.
1 b
MEMORANDUM
TO: John Colip
FROM: Gerald E. Boatright
DATE: April 11, 2001
RE: NORWOOD PLANNED BUILDING GROUP/CITY OF WHEAT
RIDGE
We would propose the following:
a. The Planned Building Group be designated as the Norwood Planned
Building Group Plan.
b. The declaration of the Planned Building Group be amended to show
that it has been submitted by Norwood Enterprises, LTD, and also that it contain the
following language:
Declarant may terminate this Planned Building Group Plan by filing
with the County Clerk and Recorder of Jefferson County, Colorado,
Declarant's acknowledged Declaration of Withdrawal of the Planned
Building Group upon the occurrence of any one or more of the
following: sale, transfer, or assignment of the interest of Norwood
Enterprises, LTD, in the property, the condemnation of all or any part of
the property (or a deed in lieu of the exercise of eminent domain),
dedication of any part or portion of the property for public use, or the
termination of the miniature golf course use (as shown on the Official
Development Plan), or the further development or redevelopment, in
whole or in part, of the property.
MetroScan / Jefferson
•
Schedule
:024671 Bldg
of
AssdLand
:$28,450
Parcel
:39 233 00 006 S :23
T :035 R
:69W Q :SW
AssdStrc
:$113,850
Owner
:Graul Ruth Co-Conservator
Et Al
AssdTotl
:$142,300
CoOwner
:Swartz Mary Sherie
ActlLand
:$98,100
Site
:4315 Wadsworth Blvd Wheat
Ridge 80033
ActlStrc
:$392,600
Mail
:4315 Wadsworth Blvd Wheat
Ridge Co
80033
ActlTotl
:$490,700
Xfered
:07/12/1999 Doc #
:992930
PrYrLnd
:$28,450
Price
Deed
PrYrStr
:$113,850
Loan Amt
Loan
PrYrTotl
:$142,300
VestType
IntRt
PrActlLnd
:$392,600
Lender
PrActlStr
:$98,100
Land Use
:2112 Com,Improved Land
PrActlTotl :
Sub/Plat
o Imprvd
:80
Blk&Lot
% Owned
Neighbad
:131
2000 Tax :$11,893.00
Tax Dist
:3139
OwnerPhn
Pierson
:16 L
Census
Tract
:105.02
Block
:1
Bedrms
Total SF :9,
941
Year B1t
1962
LotAcre :2.27
Bathrms
BsmtSF
Style
LotSgFt :98,881
TotalRm
:3 Porch
Units :
3
Parking
Cooling
Porch SF
Fireplce
ParkgSF
Heating
Deck SF
Pool
Jacuzzi
Information compiled from various sources. Real Estate Solutions makes no representations
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
Telephone 303/ 235-2846
FAX 303/235-2857
February 9, 2001
Gerald Boatright
4315 Wadsworth Blvd.
Wheat Ridge, CO 80033
Dear Mr. Boatright:
Please let this correspondence serve as a follow-up to our conversation of last week regarding
John Colip's drive up coffee kiosk at 4313 Wadsworth Blvd.
Mr. Colip has operated his coffee kiosk as a temporary use at this location for the last five years.
A temporary use was a one-year approval granted by the Board of Adjustments through a public
hearing process. This past summer, the city code was revised which eliminated the ability for
this type of one year, temporary approval. Under the newly adopted legislation, only the
Planning and Development Director has the ability to approve a one-month temporary use
permit, renewable two times. Therefore, the coffee kiosk use must either cease or receive an
alternate zoning approval.
Staff had processed Mr. Colip's cases as temporary use on the basis that it was located on a
property that already had an occupied commercial use. Also for the fact that there were not
permanent utility connections to it and typical commercial landscaping was not installed.
We have suggested that Mr. Colip proceed with a planned building group process to deal with his
situation. In regard to the planned building group process, you had asked the following
questions:
What is a planned building group plan?
It is a requirement of the Wheat Ridge Code of Laws that only one building be allowed per
developable parcel. A planned building group plan is a vehicle which allows more than one
structure on a single property. It is a detailed site plan which is recorded with the Jefferson
County Recorder's office as an official development plan. Up to four structures on a single
property can be approved as a planned building group through an administrative review process
by staff. PBG's with over four buildings must follow a public hearing process with hearings in
front of Planning Commission and City Council. See attached Section 26-30(C) of the Wheat
Ridge Code of Laws.
Why is a planned building group approval required?
Pursuant to Section 26-30(B) of the Wheat Ridge Code of Laws, only one structure is allowed
per freestanding parcel. The property in question is already non-conforming as it has three
existing buildings (attorneys' office, Putt-Putt facility and the Buy Back Games building) on a
single parcel. The City will not allow another permanent building to be placed on the property
unless a subdivision is approved allowing each building to be located on it's own parcel.
If the planned building group plan is recorded does it remain effective in perpetuity?
No. Section 26-30(C)(6) allows a recorded planned building group plan to be rescinded by the
recordation of a "Declaration of Withdrawal" of a planned building group. Staff would also
suggest that language be incorporated into the verbiage on the ODP giving the right of recission
upon property sale, redevelopment or roadway widening.
What is the status of the Wadsworth Corridor project?
Improvements on Wadsworth which could include roadway widening, construction of an
accel/decel lane, construction of medians to control access movements and installation of new
curb, gutter and sidewalk are implemented as properties are developed or redeveloped. None of
these physical improvements would be required with application for approval of a PBG to allow
the coffee kiosk to remain.
If you have questions concerning any of the above, do not hesitate to contact me at 303-235-
2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: John Colip
Colip PBG File
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
FAX 303/235-2857
January 12, 2000
John Colip
12475 W. 38`h Avenue
Wheat Ridge, CO 80033
Dear John:
The City of
Wheat Ride
This letter is regarding your request for preliminary review of a planned building group plan for
property located at 4313 Wadsworth Blvd. You have submitted a survey for the property which
is a good basis for creation of the plan. Pursuant to requirements within the Wheat Ridge Code
of Laws, the following information provided on the survey must be left on plan:
1. Distances and bearings for lot lines -
2. Legal description matching the survey
3. Surveyor's certificate
4. Scale and north arrow
5. Date of preparation and preparer's name and address
6. Cross access areas
7. Fence locations
8. Street centerline location for Wadsworth Blvd.
9. Existing public improvements
10. Sign locations
11. Building setbacks
However, in order to meet the City's requirements, the following must be added:
1. Vicinity map
2. Fencing types and heights
3. Freestanding signs sizes and heights
4. Landscaping
5. Parking and loading areas
6. All buildings on the site with height and floor areas
7. Location of trash containers and method of screening
8. Title of the document in the following format:
"Colip Planned Building Group Plan
"An Official Development Plan in the City of Wheat Ridge"
9. Statement of existing zoning and uses
10. Site data shown in square footage and percentages of total site for the following:
total area of lot, coverage by buildings, coverage by landscaping, coverage by
paving
11. Declaration of Planned Building Group with signature block for the property
owner
12. Signature block for the Planning and Development Director
13. Recording block for the Jefferson County Clerk and Recorder's Office
Although the planned building group plan review will be administrative in nature, a completed
application and filing fee in the amount of $100 must be submitted with two copies of the
proposed plan (see attached). Keep in mind that the property owner will have to sign both the
application and the recordable plan. The review time for this procedure will take roughly three
weeks to complete.
If you have any questions, do not hesitate to contact me at 303-235-2848.
Sincerely,
i
i
Meredith Reckert, AICP
Senior Planner