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WZ-01-02
7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge January 22, 2004 Lisa Aiello The Green Goddess 6364 Newland Street Arvada, CO 80003 Dear Ms. Aiello: Last week we spoke about your approved final development plan, which has a building completion date of spring of 2004. You indicated that because of financing complications, you would not be able to meet this schedule. There are no administrative avenues available to staff to extend these time constraints. The proper avenue to address a revised construction schedule would be to apply for an amendment to the outline and final development plan to extend the construction timeline. The proposed amendment would require public hearings in front of Planning Commission and City Council. Attached is a land use application and fee schedule. Filing fees required would be $600 + $250 per acre and $300 in noticing fees. If you would like to discuss this further, feel free to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner C: Alan White WZ-01-02 case file r= October 26, 2003 J, Z. Alan C. White Community Development Director City of Wheat IUdge Dear MT. White: Thank you for the reminder letter regarding my property at 10590 W 44a` Ave. I remain fully aware of the conditions that were agreed upon. I am securing the finances for this project at the present time and selecting a contractor. I still intend to have construction start soon with completion by spring. I imagine we will be seeking building permits within the next few weeks. Please direct all future correspondence to my new mailing address effective immediately; 4127 S Wolff St = .Over CO 80236 If you have any Wello, Owner Green Goddess questions, I can be reached at 303-507-9317. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 3031235-2857 The City of Wheat Ridge October 20, 2003 Lisa Aiello The Green Goddess 6364 Newland Street Arvada, CO 80003 Dear Ms. Aiello: This letter is in regard to the property located at 10590 W. 44" Avenue in the City of Wheat Ridge. Your request for approval of a zone change from Agricultural-One to Planned Commercial Development and for a preliminary and final development plan was approved by the Wheat Ridge City Council on February 26, 2001. Pursuant to a note on the recorded preliminary and final development plan, "construction shall be developed in a single phase and shall start by late fall of 2003 and shall be completed in the spring of 2004. The garden center is currently in operation and will be permitted to continue until the site development commences according to the development schedule." It is now mid- October and no building permit application has been submitted. It was City Council's intent that you could maintain your garden operation with the temporary structure through the 2003 season. Any use of the property in the spring of 2004 needs to be in a permanent structure with approved site improvements. Please respond in writing to the Community Development Department regarding the status of your project. Sincerely, Alan C. White, AICP Community Development Director c: Case No. WZ-0 1-02 a 1 i R&_twFlFea9+198 Ia-r2-oa- 9t38~ COU04 al; CSeFF~ 5toje o-F. ColorO06 *31•ob I- - zow-v 4 AT TAI GREEN GODDM GARMN CENM PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN (OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE Et/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., PTY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO SHUT / Or 3 18CA1. 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ANO INCOMM CMRJMAn m; OoUOl01T YLYIm wi !Dale w Tie MM d M EOwRr B~`~~O~ mld' l4 iOtiN. mablw. AEI An ~~~.or{ycum W iW ffi 12* WY q~a~~JfwWC_aw eeiY, w Tit Acw 111 16r. 81-11 . oavnm FILZ9Y98 {6 I~ Aw S re ' me (mw Oa14 .Y wN9O~lJ]■ • i Or 3 A7mall'8 CZM MiT& U8 Qq• 48 Rec# FIb~49a AR CENM M C i j T GRM1 GOM PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 TO 7 11m Y. OPEN SPACE AND LNDSCAPINO . A. O7NBRSBLV / UNIFffiD CONTROL STITBIlENT: ~ w me eraHAS AAA T eN roe OLD; mutimN m1 L ffi Ww6il PNOL701TAm PP IANMrAP2 ARIA ~1 OR 2 i , Alm C. mm Ayy w MR N= GA1m me mum. TRIM m AM mm mN . o M,OO mM1AT UU,, w ,MUM, AN MMM, OH 1111$ m 9G 0 MOM mam a4 w'm in mffi lum PA4mM cmi m tAwmMMT ffi nQUING. wffl m . 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Saf b!L l-li-Ao ' MDK LXD RF. KR OI TM. La D V1mY: s-l,-m NON-tu m t.Ua v. !0.R W M. LL" DvmooR Dww &M D.~ 6F. 961f • A",-ap a- -w mw w I um LF. Am m Ta DAL W1fIDl OT /ONi m8 LF. tDK OP 1GL DAL ~ s1R AM taT MWRI A 6r. 1" . 3 OF3 , NORTH ELEVATION - WEST 44TH AVENUE n EAST ELEVATION L 1X - f0 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheal Telephone 303/235-2846 Ridge FAX 303/235-2857 October 21, 2002 Lisa Aiello 6364 Newland Arvada, CO 80003 Dear Ms. Aiello: At their meeting on October 14 2002, City Council approved your request for a zone change from Agricultural-One to Planned Commercial Development and approved a preliminary and final development plan for property located at 10590 West 44' Avenue for the following reasons: 1. The rezoning is consistent with the Comprehensive Plan designation of transitional residential on the north side of W. 44" Ave.. 2. The. rezoning will not adversely impact the traffic congestion nor the amount of light and air to adjacent properties. 3. It is unlikely that the property will be developed under the existing zoning classification of Agricultural. 4. The requirements of the City's Planned Development Regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. Enclosed is a copy of the ordinance and a draft copy of the minutes stating the Council's decision. A blackline photographic mylar of the preliminary and final development plan needs to be submitted for recording with Jefferson County within 60 days of final action. The fees for recording with Jefferson County are $10 per page. Enclosed is a copy of our fee schedule. Please submit payment along with the mylars. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, ' Kathy Fiel Administrative Asst. Enclosure: Draft of Minutes Copy of Ordinance cc: WZ-01-02 (case file) INTRODUCED BY COUNCIL MEMBER HANLEY Council Bill No. 31-2002 Ordinance No. 1267 Series of 2002 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10590 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Lisa Aiello, approval of a zone change in Wheat Ridge, Colorado, Case No. WZ-01-02, and based on recommendation of approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One District and to include in the Planned Commercial Development District the following described land: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44`h Avenue as monurrtented by the City of Wheat Ridge, Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9`h day of September, 2002, 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 October 14, 2002, 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 14thdayof October 2002 SIGNED by the Mayor on this 15thday of October 2002 . G . CHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPR9-V p AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: September 1.2, 2002 2nd Publication: October 17, 2002 Wheat Ridge Transcript Effective Date: November 1, 2002 5E 16 3 z 5E 21 OFFICIAL ZONING-MAP WHEAT RIDGE COLORADO - PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE ` DENOTES MULTIPLE ADDRESSES 100.YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 21 0 100 2CO iX 400 F~ DEPARTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVEWrMENT Last Revision' September 10, 2001 "'T CITY NCIL MINUTES CITY F WHEAT RIDGE, COLORADO The Regular City Council Meeting was calleii tto order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley. Also present: City Clerk, Wanda Sang; Administrative Service Director, Patrick Goff; City Attorney, Gerald Dahl; Director of Planning, Alan White; staff; and interested citizens. APPROVAL OF MINUTES OF Special Meeting of September 16, 2002 and Regular Meeting of September 23, 2002 Motion by Mr. DiTullio for the approval of the Minutes of the Special Meeting of September 16, 2002 and the Regular Meeting of September 23, 2002; seconded by Mr. Schneider; carried 8-0. CITIZENS' RIGHT TO SPEAK Janice Thompson, 12290 W. 42nd Ave., stated that the Wheat Ridge Connection is a wonderful tool to relay City events and would like to see Council look into using the Wheat Ridge Connection to notify citizens on up and coming ordinances. APPROVAL OF AGENDA Motion by Mr. DiTullio to add Agenda Item 9b; which is a discussion and possible action on Park Naming Conventions per memo dated 10/10/02 per the City Attorney; seconded by Mr. Mancinelli; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 31-2002 - An Ordinance providing for the approval of a zone change from Agricultural-One to Planned commercial Development for property located at 10590 W. 44th Ave. (WZ-01-02) Council Bill 31-2002 was introduced on second reading by Mr. Hanley; who also read the summary and background. Clerk assigned Ordinance No. 1267. Alan White was sworn in by the Mayor and presented the staff report. Mr. White asked that the comprehensive plan, zoning ordinance, case file packet of materials and exhibits be entered into record. Lisa Aiello, applicant, was sworn in by the Mayor, and requested that Council approve her zoning request. Ms. Aiello also submitted a listing of Wheat Ridge Citizens who support the zone change. CITY COUNCIL MINUTES: October 14, 2002 Page -2- The following citizens were sworn in by the Mayor and spoke in favor of Ms. Aiello's rezoning proposal: Patrick Fink, 10344 W. 44th Ave.; Lisa Goddard, 6660 W. 28th Ave.; Judy Acre, 6660 W. 28th Ave.; Frank Progar, 4314 Quail St.; Becky Taylor, 4435 Grove St.; Robert Laird, 4348 Moore; Pat Aiello, 1096 Aspen, Denver. Motion by Mr. Hanley for approval of Council Bill No 31-2002, an ordinance rezoning property located at 10590 W. 44th Ave., Case No. WZ-01-02, from Agricultural-One to Planned Commercial Development, and further moved to approve the preliminary and final development plan for the following reasons: 1. The rezoning is consistent with the Comprehensive Plan designation of transitional residential on the north side of W. 44th Ave. 2. The rezoning will not adversely impact the traffic congestion nor the amount of light and air to adjacent properties. 3. It is unlikely that the property will be developed under the existing zoning classification of Agricultural.. 4. The requirements of the City's Planned Development Regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department; seconded by Mr. Edwards; carried 8-0. Item 2. Consideration of an amendment to the Applewood Village Shopping Center final development plan to allow a 50 foot high freestanding pole sign on property located at 3550 Youngfield. (WZ-02-10) Item 2, Case #WZ-02-10, was introduced by Mr. DiTullio. Meredith Reckert was sworn in by the Mayor and presented the staff report. Ms. Reckert distributed two letters that she recently received in opposition to the development plan. Ms. Reckert asked that the comprehensive plan, zoning ordinance, case file packet of materials be entered into record. Anne Bork, applicant for Rockbottom Restaurants, was sworn in by the Mayor. Ms. Bork stated that the restaurant isn't meeting income expectations and they believe that part of the problem is signage visibility especially from 1-70. Terry Jenson, designer of the pole sign, was sworn in by the Mayor. Mr. Jenson stated that the landlord for Old Chicago has approved this pole sign. The following citizens were sworn in by the Mayor and voiced their opposition to the pole sign for Old Chicago: Pearl Norgard, 3180 Xenon St.; Renee' Gearhart, 3155 Wright Ct.; Jan Coryell, 3175 Xenon St. and Beverly Tomlinson, 3185 Xenon St. OF WHEgp AGENDA ITEM m REQUEST FOR COUNCIL ACTION October 14, 2002 X PUBLIC HEARINGS _ BIDS/MOTIONS _ RESOLUTIONS Quasi-Judicial: X Yes ORDINANCES FOR 1ST READING X ORDINANCES FOR 2ND REAWNGO No SUBJECT: Consideration of a request for approval of a zone change from Agricultural-One to Planned Commercial Development, approval of a preliminary development plan and a final development plan for property located at 10590 West 441 Avenue. SUMMARY AND BACKGROUND: At the August 15, 2002, Planning Commission meeting, a recommendation of approval with one condition was made. See attached minutes. The applicant has agreed to the recommended condition and will incorporate the change into the PCD document prior to the City Council public hearing. ATTACHMENTS: 1. Council Bill No. 31-2002 2. City Council Staff Report 3. Exhibits 4. August 15, 2002 Planning Commission minutes 5. "Recommendations to City Council" form (Planning Commission action) 6. Preliminary & Final Development Plan BUDGETIMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RECOMMENDATION: Approval for all components of the request. ORIGINATED BY: Alan White, Director of Planning and Development STAFF RESPONSIBLE: Mary Austin, Planner SUGGESTED MOTIONS: "I move to APPROVE Council Bill No. 31-2002, an ordinance rezoning property located at 10590 W. 441 Ave., Case No. WZ-01-02, from Agricultural-One to Planned Commercial Development, and I further move to APPROVE the preliminary and final development plan for the following reasons. 1. The rezoning is consistent with the Comprehensive Plan designation oftransitional residential on the north side of W. 44' Ave.. 2. The rezoning will not adversely impact the traffic congestion nor the amount of light and air to adjacent properties. 3. It is unlikely that the property will be developed under the existing zoning classification of Agricultural. 4. The requirements of the City's Planned Development Regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department." INTRODUCED BY COUNCIL MEMBER Council Bill No. 31-2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10590 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Lisa Aiello, approval of a zone change in Wheat Ridge, Colorado, Case No. WZ-01-02, and based on recommendation of approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One District and to include in the Planned Commercial Development District the following described land: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 40 Avenue as monumented by the City of Wheat Ridge, Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9`h day of September, 2002, 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 October 14, 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of 2002 SIGNED by the Mayor on this day of 2002 GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: October 14, 2002 DATE PREPARED: August 8, 2002 CASE NO. & NAME: WZ-01-02 / Aiello CASE MANAGER: Mary Austin ACTION REQUESTED: Rezone from A-1 to PCD, Planned Commercial Development Approval of a Preliminary & Final Development Plan. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): 10590 W. 44th Ave. Lisa Aiello 6364 Newland St. Arvada, CO 80003 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN Same as Above 24,894 square feet (.57 acres) A-1, Agricultural One Vacant and temporary garden center N:, A-1 & R-2 E: PRD S: & W: R-3 N: Church & Residential W: Single-Family Residential S: & E: Multi-Family Residential PRD (16) Planned Residential Development 16 units/acre DATE PUBLISHED: September 26, 2002 DATE POSTED: September 30, 2002 DATED LEGAL NOTICES SENT: September 30, 2002 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a zone change from A-1, Agricultural-One to PCD, Planned Commercial Development and approval of a Preliminary and Final Development Plan for property located at 10590 W 44' Ave. The purpose of the request is to construct a 1,903 sq. ft. building and site improvements for a retail garden center. II. NEIGHBORHOOD MEETING The required neighborhood meeting was held on March 29, 2001. No one from the neighborhood attended. A copy of the meeting summary sheet (Exhibit 1) is included with this report. III. PROPERTY BACKGROUND The property being developed is approximately .57 acres in size (24,894 sq. ft.). The property has frontage on both W 44' Ave. and Moore St. The property is currently zoned A-1, Agricultural. (Exhibit 2, Zoning Map) A Temporary Use Permit, allowing for the retail garden center, was granted by Board of Adjustment in April 1999 (Exhibit 3, minutes). In March 2000, the Board of Adjustment again granted approval of a Temporary Use Permit to operate the temporary garden center for another year (Exhibit 4, minutes). Following that approval, the zoning code was amended to prohibit on- going renewal of TUPs. City Council action in February 2001 (Exhibit 5), in conjunction with the new zoning code adoption, allowed the temporary use of a retail garden and fresh produce market to continue on the property during the pendency of an application for rezoning. It is the intent of the applicant that this temporary retail garden center operation will remain until development of the property begins. The development schedule on sheet 2 indicates that development will commence in the fall of 2003 and be completed by spring of 2004. IV. DEVELOPMENT PLAN As part of the rezoning to PCD, Planned Commercial Development, the applicant is requesting approval of a preliminary and final development plan for the site. The PCD regulations and design parameters for the property are established on sheet 2 of the PCD document. The list of permitted uses for this PCD zoning most closely resembles the permitted uses in the City's standard RC, Restricted Commercial zoning district. The list of permitted uses for the RC district was pared down considerably to eliminate incompatible uses that are more intensive. The list reflects those uses that are primarily professional, service, or retail oriented. Consistent with City Council Page 2 WZ-01-02/Aiello the NC and RC districts, the amount of building space devoted to a retail use is limited to 5,000 square feet. The proposed use of the site for a retail garden center operation is allowed per the permitted uses established with this zoning. The regulations limit outdoor display areas to those reflected on the plan and disallow bulk storage. Proposed Building A 1,903 square foot building is proposed for the site with a possible future building expansion of 1,666 square feet. The proposed building coverage for the site is 7.6%. If the building is expanded as shown, the total building coverage would be 14.3%. The minimum setbacks established with this zoning, as reflected in the regulations on page 2, are as follows: front yard - 30 feet, side yard adjacent to R-O-W - 30 feet, side yard -10 feet, rear yard -10 feet + 5 feet for each additional story. These established setbacks are consistent with all of the City's commercial districts. The position of the building meets the minimum setback requirements. Building elevations are detailed on sheet 3 of the PCD document. The height of the building at 20 feet is well within the 35 foot limitation established with the zoning. Architectural materials consist of brick, wood siding, and glass in earth tone colors. The rear of the building is to be' constructed with metal panels painted to match the building. This is to allow for the future building expansion. The rear part of the building will be visually obstructed by site landscaping and solid fencing. Circulation/Parking Access to the property will be from a single curb cut on Moore Street. The City's Traffic Engineer has approved this access design and is satisfied that the driveway is located as far from the intersection as possible. No dedication of right-of-way is required along either street frontage. The driveway and parking areas are to be paved with asphalt. The proposed zoning establishes parking requirements by referencing Section 26-501, Off-Street Parking Requirements of the City's code. Based on the size of the business, 10 parking spaces are required. A total of 14 spaces are being provided, including 2 handicap accessible. This exceeds the City's parking code requirement. All parking spaces are full-size. The handicapped spaces comply with the City's code requirements and the Americans with Disabilities Act Accessibility Guidelines as far as meeting van accessibility requirements. Based on the total number of off-street parking spaces required for this use, a minimum of I handicap space is required. Landscaping The PCD zoning establishes the landscaping regulations on sheet 2 of the PCD document. The requirements for 20% landscaping and the sizes of specimens are consistent with the City's City Council Page 3 WZ-01-02/Aiello standard landscaping requirements. The proposed landscaping plan for the final development is included on sheet 3 of the PCD document. The landscaped area on this site totals 7,403 square feet (approx. 29.7% of the site) Therefore, the amount of landscaped area exceeds the minimum requirements. Landscape buffering is being provided along the east and south property lines. Based on the street frontage along W. 44`h Ave., and Moore St. a total of 11 street trees are required. These street trees are required to be placed within the minimum front yard setback. The landscape plan shows 12 street trees within this setback with the large existing tree on W 44ih Ave being counted as the equivalent of 3 street trees due to its large caliper. In addition to required street trees, the landscape plan proposes 7 trees and 83 shrubs. This exceeds the code requirements for a commercial site. Additionally, the plan provides for a perennial bed at the corner of W. 44'n Ave and Moore St. All landscaped areas will be irrigated. Shrub and plant beds will be covered with a minimum depth of 3" of mulch. Fencing Proposed fencing for the site is incorporated into the site plan and detailed on sheet 1 of the PCD document. The outdoor display area south of the building will be completely enclosed with fencing. A solid cedar fence will be constructed along the south property line to provide screening for the adjacent residential. The applicant plans a steel picket fence along the eastern property line. There are no residences directly adjacent on the east side and the picket fencing will promote visibility for security reasons. Signage Sign regulations for the site are established with the PCD regulations on sheet 2. These regulations are consistent with the City's standard sign code requirements. Signage for the property includes two monument signs placed in landscaped areas. One is located along Moore St. near the comer of W. 44°i Ave. and the other is located along W. 44`h Ave. near the eastern property line. Both signs are located outside of required sight distance triangles. The plan also shows a potential wall sign on the front of the building. All proposed signage meets the limitations of the sign regulations. Lighting. Lighting regulations for the site are established on sheet 2 of the PCD document. The regulation refers to the standards of Section 26-503 Exterior Lighting of the City's zoning code. City Council WZ-01-02/Aiello Proposed outdoor site lighting is shown on the lighting plan with standard details. Exterior lighting of a pedestrian scale is planned. At approximately 14 feet, the poles are well within the maximum height limitation of 18 feet. VI. AGENCY REFERRALS All outside service agencies will serve the property when developed. Utility meters, taps, and service lines for the new building will be at the applicant's expense. Arvada Fire Protection District will serve the property. The Public Works Department has approved a drainage report and plan for the site. No dedication of right-of-way is required for either of the street frontages. Public improvements will be required along Moore St. and are shown on the development plan. Public improvements along W. 44' Ave. are already in place. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used-to-evaluate a zone change request. 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property is currently zoned A-1, Agricultural. There is no mistake on the zoning map. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions, and that the evidence supports the finding of the following. This area along W. 44" Ave has a wide variety of zoning districts (Agricultural-One, Restricted Commercial, Commercial-One, Residential-Two, Residential-Three and Planned Residential Development) and land uses (commercial, single family residential and high density residential). The current zoning classification of agricultural is no longer appropriate for this location. The property is not of sufficient size to be used as a fanning operation. Under the current zoning of Agricultural-One, the property could be developed with a single family residence. However, since the property is adjacent to multi-family uses and fronts on a major street (W. 44' Ave.) staff questions the suitability of the location for a farm or a single family home. W. 44' Ave. is classified as a major collector street and carries over almost 15,000 cars per day (1997 count). City Council Page 5 WZ-01-02/Aiello 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Comprehensive Plan Future Land Use Map designates the property as PRD (16) Planned Residential Development 16 units/acre. The property is not planned to be used for any type of residential, therefore the proposed rezoning would be inconsistent with this designation. However, the Comprehensive Plan does designate the area on the north side of W. 44' Ave., across the street from this property, as "transitional residential". The transitional residential designation discusses providing a visual break from more intensive retail commercial uses and creating an appearance of mixed residential and commercial uses. Staff concludes that it is unlikely that the site will be developed with a high density residential use. The boundaries established on the future land use map are meant to be somewhat flexible. While the proposal is not in strict conformance with the Comprehensive Plan, the adjacent designation of transitional residential should be considered. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Based on the variety of land use and zonings in the area, staff has concluded that the proposed PCD zoning with the limitations of least intensive commercial uses will be compatible with the area. The current temporary operation of the garden center has been occurring for the past three seasons. Permanent development with controlled access and landscape buffering will be a benefit. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There are no obvious social or recreational benefits as a result of the zone change. There may well be physical benefits derived based on the fact that a vacant property along one of the City's major corridors will be developed. Development of the property with the proposed landscaping will serve to buffer the residential area to the south from traffic noise. There could be economic benefits to the city with the retail sales tax collected from continuation of the business at this location. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. City Council WZ-01-02/Aiello All utility providers can serve the property with improvements installed at the developer's expense. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The proposed garden center development with extensive landscape buffering and a single story building along with greenhouses will have less of an impact on the amount of light and air than if developed with high density residential building. There should be no adverse impact on traffic since access to the site and circulation on Moore St. will be improved by restricting it to a single access point as great a distance from the intersection as possible. A final drainage report has been reviewed and approved by the department of Public Works. 8. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There are a wide variety of zonings and uses in the area from low density residential to commercial V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that, although inconsistent with the Comprehensive Plan designation of PRD 16/units per acre, there is such a range of mixed zoning classifications and land uses and in the area that compatibility with the surrounding area can be demonstrated. The proposed rezoning can be considered to be consistent with the transitional residential designation across the street. The proposed development plan meets or exceeds the City's standards for commercial development. Therefore, staff recommends Approval of Case No. WZ-01-02. VII. PLANNING COMMISSION RECOMMENDATION The public hearing before Planning Commission was held on August 15, 2002. (minutes attached). At that meeting the Commission passes a motion of recommendation to City Council as follows: It was moved by Commissioner Snow and seconded by Commissioner Plummer that Case No. WZ-01-02, a request fro approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44' Avenue be approved for the following reasons: City Council WZ-01-02/Aiello 1. Although inconsistent with the Comprehensive Plan designation of planned residential development, this use is compatible with the variety of adjacent and nearby uses. Further, it continues the farmers market and agricultural heritage of the City and Fruitdale area. 2. The rezoning will not adversely impact the traffic congestion or the amount of light and air to adjacent properties. 3. Many changes in the character of the neighborhood and the small size of the parcel make it unlikely that it would be easily or profitably maintained as an agricultural use. 4. The requirements of the City's Planned Development regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. With the following condition: 1. Change the landscaping plan to require planting of a drought tolerant type of grass such as fescue in place of Kentucky bluegrass. The condition has been agreed to by the applicant and the appropriate change has been incorporated into the PCD document set. City Council Page 8 WZ-01-02/Aiello 7500 West 29 s Avenue Wheat Ridge, Colorado 80215 City of Wheat Ridge Telephone (303) 235-2846 Fax (303) 235-2857 Neighborhood Meeting Summary Date: March 29, 2001 City Staff Present: M Austin, Planner G. Knudson, City Engineer Location of Meeting: Wheat Ridge Municipal Building, 2nd floor conference room Property Address: Property Owner: Applicant: Existing Zoning: 10590 W. 44th Avenue Larry G. Olson Lisa Aiello A-1 Property Owner Present? No Applicant Present? Yes Comp Plan Designation: PRD (16) Existing use/site conditions: Vacant lot with a temporary retail garden center operation Applicants proposal: To rezone the property from A-1 to PCD and receive approval of a final development plan. The applicant intends to permanently develop the site in order to continue operation of the retail garden center and fresh produce market that has occupied the site with a temporary use permit for the past couple of years. Issues discussed: No one from the neighborhood attended. Planning staff has received no inquiries or comments from any of the neighbors regarding the proposal. EXHIBIT 1 Off 16 S ~ 8 8 B 8 '1; 8 E E 1 M E 4 € "s 1 a N N 3 z 5E 21 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE ' DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) DEPAKTMENTOF PLANNING AND DEVELOPMENT NE 21 0 100 = :00 400 Fcd MAP ADOPTED: June 15, 1994 I.&Re,Adnv Q-f-h-4A 9 XHIBIT 2 5. PUBLIC HEARING A. Case No. TUP-99-01: An application by Lisa Aielo for approval of a temporary use permit to operate a temporary bedding plant and farm fresh produce stand at 10590 West 44th Avenue. Said property is zoned A-1. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a TUP. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, Mr. McCartney stated that staff was recommending approval of the application. Lisa Aielo 6364 Newland Street, Arvada Ms. Aielo, the applicant, was sworn in by Chair MAURO. In response to a question from Board Member THIESSEN, Ms. Aielo stated that she wanted to try this business for two years and if it has worked well she would like to negotiate a purchase of the property and request rezoning in order to construct a permanent building. Board Member ABBOTT noted that produce sales would be a use by right on this site if the produce were actually grown on the site. Board Member ECHELMEYER asked if immediate neighbors objected to the application and if Ms. Aielo would object to turning the refrigeration unit off on Sunday mornings so as not to interfere with church services being conducted across the Street. Ms. Aielo replied that no objections had been expressed by the neighbors and that she would agree to turning the unit off during Sunday morning church services. Pat Aielo 6364 Newland Street, Arvada Mr. Aielo, the applicant's father, was sworn in by Chair MAURO. He stated that the entire limit ~ ill be enclosed an a-11 sides with i-fllated "11-Tonod wbiG 1-1 h will deaden the noise. He also assured the Board that the enclosure will be painted to match the trailer. .n. Upon a motion by Board Member ABBOTT. and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP-99-01 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in Board of Adjustment Page 2 04/22/99 EXHIBIT 3 recognition that there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-99- 01 be, and hereby is, approved. Type of Temporary Use Permit: To allow the temporary sales of bedding plants and produce. For the following reasons: Even though this use will result in the increase of traffic into the site, approval of this request should not result in congestion on the public streets because there will be adequate room for customers to pull onto the site. Also, the applicant will be providing for adequate parking which should not result in creation of unsafe parking or traffic conflicts. 2. Because the proposed tent will be located at least 25 feet from the nearest structure and the 6-foot chain link fence is 90% open, approval of this request should not have an adverse effect on the adequate supply of light and air nor cause any air pollution. Also, because the entire site is impervious and there won't be any changes to the grade, approval of this request should cause drainage problems. 3. Staff has concluded that approval of this request will not be a detriment to the public's welfare and that design of the area around the sales area will allow for adequate circulation parking, including employee parking. The applicant has insured that the setbacks for the 6-foot fence comply with the development standards and has provided for adequate parking areas. With the Following Conditions: 1. The generator/refrigeration unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night including weekends and during Sunday services for the Baptist church across the street. This unit shall be enclosed on all sides, other than the top and bottom, to dampen noise in the vicinity. 2. Approval of this Temporary Use Permit shall be for the time period of April 23, 1999 through December 31, 1999. The tractor-trailer will be placed on the site per the diagram shown to the Board at the meeting of April 22, 1999. Board of Adjustment Page 3 04/22/99 L The motion passed by a vote of 7-0 with Board Member BROWN absent. Chair MAURO advised the applicant that her request was approved. B. Case No. WA-99-09: An application by Lester Williams for a 1-foot fence height variance from the 4-foot fence height allowance. Said property is zoned A-1 and located at 4593 Parfet. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, he stated staff's opinion that approval of this request should not be detrimental to the public's welfare. Board Member HOVLAND asked if it were possible to grant.a variance that would be in effect until the present owner sells the property. Mr. McCartney replied that this can be done. In response to a question from Chair MAURO, Mr. McCartney replied that barbed wire is allowed in agricultural zoning. Janice Williams 8468 West 75th Way, Arvada Lester Williams 4593 Parfet Mr. Williams, the owner of the property; and Mrs. Williams, his daughter-in-law, were sworn in by Chair MAURO. Mrs. Williams explained that Mr. Williams thought he was applying for a 6-foot variance rather than a 5-foot variance. The present fence is 6 feet in height. Mr. Williams is requesting the variance to construct a fence which would prevent vandals from destroying his pumpkin crop. Mrs. Williams stated that her husband will inherit Lester Williams' property one day and plans to continue farming in this location. Discussion ensued about the fact that the variance was advertised as a 5-foot fence. The Board reached a conclusion that since the actual wire fence itself is 5-feet in height, it would meet the standards stated in the application. The barbed wire on top is allowed in agricultural zones and is not counted as part of the fence height. The 6-foot fence posts are also not considered as part of the fence height. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND the following resolution was stated: Board of Adjustment Page 4 04/22/99 of Adjustment motions not carried by the specified number of votes are thereby deemed denied and further require that in that event a resolution denying such appeal shall be formally entered upon the record. 2. Board of Adjustment Application Case No. WA-00-02 is hereby denied. Board Member ECHELMEYER stated that he would be in favor of the application if the semi traffic could be controlled. Board Member HOVLAND stated that, while he shared a concern about traffic, there were other items in the list of permitted uses that could generate at least as much traffic. He stated that the Board's purpose was not to regulate the site but to determine if this is an intended similar use. In response to a question from Board Member MAURO, Mr. White explained that the interpretation would only apply to the subject planned development. and would not affect other planned developments within the city. Board Member HOVLAND asked if the interpretation could include traffic restrictions. Mr. Dahl cited Section 2-61-D(3) of the city code which says the Board has the authority to affirm, reverse or modify. Because a super majority vote is required, the motion failed by a vote of 4 to 2 with Board Members HOWARD and MONTOYA voting no. Dick Scheurer referred to a code provision which requires a simple majority in case of interpretations as opposed to a super majority. Gerald Dahl informed Mr. Scheuerer that the code had been amended within the last year to provide for a super majority vote in all cases considered by the Board of Adjustment including cases of interpretation. Chair HOWARD informed the applicant that the zoning administrator's interpretation will stand. (Chair HOWARD declared a brief recess at 10:10 p.m. The meeting reconvened. at 10:20 p.m.) C. Case No. TUP-00-02: An application filed by Lisa Aiello for approval of a temporary use permit to operate a retail garden, fresh produce market and Christmas tree lot from April 1, 2000 through March 31, 2001. Said property is located at 10590 West 44th Avenue and zoned Agricultural-One. This case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property and entered all pertinent documents into the record which were accepted by Chair HOWARD. She advised that all notification and posting requirements had been met and there was jurisdiction for the Board to hear the case. She Board of Adjustment 03/23/00 Page 10 EXHIBIT 4 reviewed the five criteria involved in evaluating a temporary use permit. Staff recommended denial of the request for reasons outlined in the staff report. If the proposed business is going to operate on a continuous year-round basis, proper zoning with required site improvements should be pursued. Lisa Aiello 6364 Newland, Arvada Ms. Aiello was sworn in by Chair HOWARD. She supplied copies of her presentation to members of the Board. She stated that, even though this is her second request for a TUP, it was not her intention to make a yearly request. She intended to give the business a two- year trial period and then pursue purchase of the property, request a rezone and build a permanent structure for her business. Pat Aiello 1096 Aspen Drive, Clear Creek County Mr. Aiello, the applicant's father, was sworn in by Chair HOWARD. He stated that, if the TUP is granted and the business does well again this year, they will definitely negotiate a purchase of the property and come back to the city for a zoning change. Board Member HOVLAND expressed concern about noise resulting from the change in location for the refrigerated trailer which would affect the apartments located to the south. Ms. Aiello stated her intent in changing the location of the trailer from last year is to provide more visibility for her tent. Mr. Aiello stated that there were no complaints about noise from the trailer last year; however, they would be willing to abide by the Board's wishes concerning the location of the trailer. Board Member HOVLAND asked if the applicant had complied with last year's condition that the space beneath the trailer be enclosed with plywood. Mr. Aiello stated they did not add an enclosure because they determined there was no problem with noise. Chair HOWARD questioned the reason for requesting a full year, which is a change from last year's 1 UY which expired on December 31. Ms. Aiello explained that, since she was planning to purchase the property, it would be easier to leave the equipment on the property rather than moving it at the end of December only to bring it back again in another three months. She indicated, however, that she would be willing to accept an expiration date of December 31 this year. Larry Olson 11556 West Kentucky Drive, Lakewood Mr. Olson, owner of the subject property, was sworn in by Chair HOWARD. He verified that he would be willing to sell the property to the applicant but indicated he needed another year to take care of title matters, etc. in order for this to happen. He also owns the property next door to the west. In response to a previous question by Board Member ECHELMEYER, he stated that this location was a site for a fruit market from 1950 through the 1970's. Board of Adjustment Page 11 03/23/00 Kathy Weiss 4370 Moore Street Ms. Weiss was sworn in by Chair HOWARD. She presented a petition containing signatures from the surrounding neighbors who were in favor of the application. Upon a motion by Board Member MAURO and second by Board Member BROWN, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the Board of Adjustment Application Case No. TUP-00-02 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-00- 02 be, and hereby is, approved. For the following reasons: 1. There were no complaints registered against last year's TUP. 2. The intent of the applicant was to operate on a two-year basis, and this would be the second test year in that plan. 3. Plans do indicate a future property purchase if all goes well. With the following conditions: 1. The site will be operated, as the site plan has indicated on March 23, 2000. If needed, plywood noise barriers will be erected on the refrigeration unit and painted to match. 2. The hours of operation will be the same as last year: the unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night, including weekends and during Sunday services for the church across the street. 3. The TUP shall last from April 1, 2000 to March 31, 2001. The motion carried by a vote of 6-0 with Board Member ABBOTT absent. Chair HOWARD advised the applicant that her application was granted. D. Case No. WA-00-03: An application filed by Daniel Grantham for approval of a 12-foot side yard setback variance from the 15-yard side yard setback requirement for the purpose of Board of Adjustment Page 12 03/23/00 CITY COUNCIL MINUTES: February 26, 2001 Page - 4 - 7. All changes in grammar, spelling, syntax and paragraph heading and organization, as prepared by the City Attorney and certified by him as editorial in nature and not substantive. 8. Amend the Table of Uses chart for Agricultural and Public Facilities zone districts by amending the "Roadside stands" use (page 61) as follows: "Roadside stands for operation for not more than 6 months per year for the sale of farm products, bedding plants, and landscape and garden accessories not to include bulk materials prodtieed or made on the pfernises" This use description shall be effective until April 16, 2001, at which time this use description shall revert to the following: "Roadside stands for operation for not more than 6 months per year for the sale of farm products produced or made on the premises." Provided however, that any such use in existence in the A-1 District as of April. 16, 2001 shall remain lawful during the pendency of an application for rezoning, which application Was filed and accepted as of April 16, 2001, to a zone district which would permit the continuation of such use; seconded by Mr. DiTullio. Motion by Mrs. Shaver to send' amendment 5 to the City Affairs Committee for further discussion; seconded by Ms. Figlus; tied 4-4 with Councilmembers Siler, Shaver, Figlus, and Worth voting yes. Mayor broke the tie by voting no. Motion failed 5-44. Motion by Mrs- Worth to send amendment 6 to the City Affairs Committee for further discussion; seconded by Ms. Figlus; tied 4-4 with Councilmembers Hanley, Edwards, DiTullio, and Mancinelli voting no. Mayor broke the tie by voting yes. Motion carried 5-4. Motion by Mrs. Worth that variances shall be the responsibility of the Board of Adjustment; requests for variance shall be acted upon by such Board following their proper procedures for posting, publishing and public hearing; no variance shall exceed 10%; seconded by Ms.. Figlus. Motion by Ms. Figlus to postpone this to the next City Affairs Committee meeting; seconded by Mrs. Shaver; failed 5-3 with Councilmembers Shaver, Figlus, and Worth voting yes. Mrs. Worth motion failed?-1 with Mrs. Worth voting yes. Motion by Mr. Slier to amend Chapter 26.in that portion that refers to Hotels in the C-1 Zoning to read "that hotels be permitted as a permitted use for a period of 6 months starting March 16, 2001; thereafter Hotels will be a Special Use"; seconded by Mr. Hanley. EXHIBIT 5 6. PUBLIC FORUM There was no one to appear before the Commission at this time. PUBLIC HEARING A. Case No. WZ-01-02: An application filed by Lisa Aiello for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and. approval of a preliminary and final development plan for property located at 10590 West 44 h Avenue. The. case was presented by Mary Austin. She reviewed the staff report and presented photos and site layouts of the area. She entered all pertinent documents into the record, stated that all proper publication and noticing requirements had been met, and advised the Commission they had jurisdiction to hear the case. Commissioner SNOW expressed concern about the metal wall proposed for the southern portion ofthe building as well as noise tfiat could be generated by cooling fans. Lisa Aiello 6364 Newland, Arvada Ms. Aiello, the applicant, was sworn in by Chair WEISZ. She stated the permanent building would be used primarily for selling fresh produce. The building will have a cooler but there are no plans for noisy fans on the outside. She stated she has support of the neighborhood and customers. Her present operation is from May to October and she hopes to eventually operate a year-round business with a small convenience store. Commissioner McNAMEE asked if Ms. Aiello would be willing to accept a condition to the landscaping plan that would require planting of a drought tolerant grass. Ms. Aiello stated she would accept such a condition. Commissioner SNOW asked the applicant if there was a timetable for expansion of the building at which time the metal wall on the south would be replaced. She expressed concern about the x~is~~ia~pact of this-wall~n~eighk~o-r-s~o fhe-sout~vts~ello-rePiiedfihatexpausimrPians would depend on the growth of her business. She also pointed out that the structure to the south has no windows facing her business. In response to a question from Commissioner COOPER, the applicant stated she would be agreeable to a time limit for replacing the metal wall. Commissioner McMILLIN commented that a metal wall is in keeping with the rural feel of this area and cited an example of the Montessori school across the street. Commissioner COLLINS asked where fans for the refrigeration unit would be located. Ms. Aiello stated the fans would face a driveway and would not be near balconies of the adjacent apartment building. August 15, 2002 Joseph Bailey 12655 West 31st Avenue Mr. Bailey was sworn in by Chair WEISZ. He spoke in favor of the application. He. commented'that Ms. Aiello has proven herself as a successful local entrepreneur. He expressed concern that the property would revert to an unsightly vacant lot if the application were not approved. Robert Frankel 4352 Moore Street Mr. Frankel was sworn in by Chair WEISZ. He spoke in opposition to the application. He expressed concern that the business would cause a further increase in traffic on Moore Street. In response to a question from Commissioner COOPER, Mr. Frankel stated that he has been a tenant at the above address for nine years. Susan Murphy 4352 Moore Street Ms. Murphy was sworn in by Chair WEISZ. She stated she manages the apartment- complex two d bT-s south oftHe app-"dam's proppe y. She ekpresse concern about increased tT c Mnd parking which would cause problems for her tenants. She also stated she was taking notes of the meeting for Lee Simmons who is the owner of her apartment complex. Mr. Simmons resides in Lincoln, Nebraska. She stated that Mr. Simmons had expressed interest in the applicant's property five years ago and "the city of Wheat Ridge declined." Larry Olson 11156 West Kentucky Drive Mr. Olson was sworn in by Chair WEISZ. also owns the property to the west. He sta7 ago about purchasing the subject property.. Simmons. He stated he sold the property to Ms. Aiello and he ,d that Mr. Simmons approached him several years Mr. Olson chose not to sell the property to Mr. In response to a question from Commissioner McMILLIN, Mr. Olson stated that he would allow the applicant to utilize his vacant property to the west for overflow parking. ~har~an-0]sot~ 11156 West Kentucky Drive Ms. Olson was sworn in by Chair WEISZ. She disagreed that there is a traffic or parking problem. resulting from the applicant's business. Commissioner SNOW asked if there were plans for additional parking if the building expansion takes place. Mary Austin stated that the applicant is presently providing fourteen parking spaces while city regulations require ten parking spaces. She also stated that there would be room for additional parking spaces if the expansion takes place. Ms. Aiello stated that the expansion would only be to provide storage for additional plants. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. WZ-01-02, a request for approval of a zone change from Agricultural-One (A-1) Planning Commission Page 3 August 15, 2002 to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue be approved for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation of planned residential development, this use is compatible with the variety of adjacent and nearby uses. Further, it continues the farmers market and agricultural heritage of the city and the Fruitdale area. 2. The rezoning will not adversely impact the traffic congestion or the amount of light and air to adjacent properties. 3. Many changes in the character of the neighborhood and the small size of the parcel make it unlikely that it would be easily or profitably maintained as an agricultural use. 4. The requirements of the City's Planned Development regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. Commissioner McNAMEE offered a friendly amendment to provide a condition to change the landscaping plan to require planting of a drought tolerant type of grass such as fescue in place of Kentucky bluegrass. This condition was accepted by Commissioners SNOW and PLUMNMR In response to a question from Commissioner COLLINS, Mary Austin explained that, due to present drought conditions, the city has instituted a policy to allow a delay in all landscaping until fall. However, with the worsening conditions, further extension may be necessary. The motion passed 8-0. (f_ _ (Chair WEISZ declared a brief recess at 9:10 p.m. The meeting was reconvened at 9:15 p.m.) B. Case No. SUP-02-01: An application filed by Galloway, Romero & Associates for One (C-1) and located at 3817 Sheridan Boulevard, 5301 West 38th Avenue, and 5201 West 38"' Avenue. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and a site plan of the subject property. She entered all pertinent documents into the record, stated that all publication and posting requirements had been met and advised the Commission there was jurisdiction to hear the case. She noted a change to the fourth recommended condition concerning fuel deliveries. The fire department is requiring that all feel deliveries be limited to hours during which the kiosk is manned. Planning Commission Page 4 August 15, 2002 City.-of Wheat Ridge 0 Recommendation(s) to Council Date uE OD2 Board Issue or Case # t~ Lill-01-67 7 - VKG~ `~nne. //Cff .oM1~+G^^fG$.~~GJ. Af~.bt. A~~fevai t7r~ pCG~l1"t(K2Vqq L '!'lwa.', OM.CVG.(D~'lV►` L1tEil1 RECOMMENDATION(S)lAMENDMENT(S) (If applicable, b1ra&t form) Recommendation(s) to Council Page 2 Date R : 2 42'07-- Board -.~.--6b, Issue or Case # ' jca Staff Contact * Please return o t City Manager's Office for distribution 1-70 FRONTAGE RD. - "~mv ft w 0 v s ~g s W. "M AVENUE N N SITE ~ w N N N - a o o z o P~ GREMi GODDESS GARDEN CENTER PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 3 1S&AL DESCMON.' TOT 19 101TARBY SOHOIMM Comm OF JEFFRPRON. STATE OF COLORADO, EECBPr ANY POSTON LYING BITTEN THE SOD'P®3Y 311 FEET AHIACENT TO T88 CHNTRum OF BEiiT 44TH AVENUE AS BONUMM BY THE MY OF ERNST JUDGE, COLORADO. V113q_%4431]'.f'g BOND A 1S91f. 715 AHCMIDECTS 13M E. 43rd DRVR SUITE 288 BHEAr RIDCR, CO. 3040.9 369-393-6889 FUTUNA RN RIERING INC. IV41 RANT CAIMY AVENDI SMYE 126 ENNIFOOD, m BN11 CONTACC TOM RYAN 3011-649-6292 369-649-9499 FAY LISA AMIA 10690 E. 44th AVR EHEAT Sma co. 00039 VICINITY PLAN 1' =2000•-0' DATA PROPOSED HOIIDRG 1.969 9P. SAL PARKING AND DIVES 7483 SP. 30M UNOSGPE 9,469 SY. 29.9% LIVING a960 BY. BOA% OF TOT. LS. NON-11VING 1,444 SY. 19.6% OF TOT. LS amom D19YAY AREA 6,2EF S.F. mm IN9m8 OF FENCE BE S.F. 89.6% OF TOT. 6DA. OUTSIDE OF P%NC8 868 S.F. WAX OF TOT. OO.A. TETE AEEA 669 ACH®) 24,894 U. IO60% a0• tas' t.>s• n SYMBOL LAYOUT ~ wr m SOME VAN Ad 81 S3! ~c N,4 ODAA M' POSTS XA%B IY.10• NJ PO51 IN 16x36' ® y REMURB SM dYlG PNA afc M nxllE 16PIECl6r® . SfgBE m SNINN6 A9 AFflN/9E S IflS/ LL wvmm SIER 6yJAY 111W WIH ateD mv. 9:T S-0• ux. alnF MA9E AM am mA cmAx 16IX4 CMG PfR FlW. PYJI15 -FAC ?Q SIRI. PSIS AT ZONE R-3 mm" SNE'AAIF m m o Y NOW S NEIL a w G WIN cowam aN C-w noE SSE " RUMNE HO PARK m"a ommm A9YIALT PAWI6 w m sNa PSR AT ux r aG 9:i INm W14 RA SLO FENLE 31 ix Pwa.15 n FENCE ELEVATION ,/6 fw ¢r. mxx¢r xeA nurt t F>]SM6 NAtK t>ma6 m AND NIP- T AA4h AvFM11F A SITE PLAN 1• = EO'-0- mmm~ m 10 O m SNIl G1TE9 PAMT m NAIM [tlM Q nNLS 6 z muD au G+P mtnma 1 1 M6N11L NET& PANNE ~ b t A p p. PPoME NN PIIM ALL SIEFJ. m ,y~ ($S 11W m n C rz ELEVATION M SF. VT& (m SUES) n MONUMENT 61GN 9 N. NAm m1NIIn N 0.1FHT OTM CE=VATION T88 SRI REBUS, OFN UL DD IMGAllLY BHTEH/AYES AGTINT TNTEBOF, DO NERRHY AGREE THAT THE PROPERTY 18GAfSY DES HUM 111E BE DEVELOPED AS A PUNNED DEFBIOFIM IN ACCORDANCE ERH THE USSR BERSOCTURS AND CONDITIONS PONTAIN® m THIS PUN. ANN a BAY OTBEREIRE DE REEOID® BY UE. 1 (AE) FOBPRHB EE000HEE THAT TER APPROVAL OF RIMMUNG TO PIAIINRO DEVTEOPN®!T. DOES NOT CBEA11 A VESTED PROPERTY MGM VESTED PROPERTY RTEHTN MAY ONLY AMR AND ACCm PURSUANT TO THE PROVISIONS OF RECKON 26-121 OF ABTrHB I OF THE 11RRAr EIDGB CODE OF Ulm SRGNATUER OF OTHER(S) OR AGBNT(8} I18A AIELTD NOTARY PUBLIC SOBECADDHI AID) SEORN To BEFDBE ME THUS DAY OF .2002 ETTN1BS: MY NOR) AND OmCU 1. SEAL MY COMMON xamw NOTARY SEAL PLANNING COUNWON CERTIFICATION APPROrED TTE9 DAY OP ,2002 BY THE PLANNING COMMISSION CHAWBMI PLANNING AND DNMPHRNT DDHR.TOR CM COUNCD, CBRTIPICATION APPROVED THIS DAY OF ,2002 BY TBE TREAT Im CITY COUNCIL NAYDR CITY c1..iTEEE CDUM a= AND RECORDHBS CRRTD'TCATE THIS DOCUMENT ACCEPTED FOR Flan IN THE 0PP(CE OF TEE COUNTY am AND RMSBER OF IEFPBB90N Comm, AT GOMM, Co mm, ON M DAY OF A71. 2dYJ, ON TIM BDOE , R8CC8PllTNi JEFFERSON COUNTY COOK AND IiBCORDEO W. DEPUTY CQUX (SRA1.) SORYSYORS CERmmm 1, JOBEPR F. ASMDS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLOR/DO, DO HER®Y C8R1'1PY THAT THE SURVEY OF THE GEM GODDISS GAHDRY CENTER AS DONE BY B1 EAS MADE UNDER BY 0UPERYDRON AND THAT THS ACCNTA G MAP ACCURATELY AND PHOPEHI.Y BUM SAID SURVEY Tamor Im THIS DAY OF .20112 J08EFR F. Amm p.6& E JOSEPH F. ARNMR, INC. HATE MADE NO INUMOATRON OR LNNEFENUBN'T SEARCH POE MOODITS REDDENED / ONBBCORDED. ENCOMBBANC63. R65TTECHY6 COMPNANTR. ORS' THE IMINCE OR ANY OTHER FACTS TRAT AN ACCURATE AND CUTBENT T19'LE SBABCH YAY TESCIDSB OATS: 12-10-01 AEVISIGN: N-2 -02 8 -02 1 / OF 3 NO PORTION OF THE PROPERTY IS LOCATED NMaN THE 100-YEAH PLAIN X 9 CxARDEN TENT STRUCTURE n PEDESTRIAN LIGHT n TR4SI~ ENCLOSURE A. OWNERSHIP / UNIFIED CONTROL STATEMENT: ILEA C. MUM SHALL BE THE SINGLE OWNWRIP RTIY. TEBBE IS NOT FOES OWNERSHIP ANIC@ATED. TIM OWRED MAIL MAINTAIN CONTEDL TR mvr TEE PLANNING, DEVELOPMENT, USE. OPERATION AND CONTINUED WINIMIANCE OF THIS ]DEVELOPMENT B. CHARACTER OF DEYELOPMENT STATEMENT.' THIN DUMPME U EMP7ACIS THE SESONA TEMPORARY STRUCTUMS NOW OEM ANT OPERATED BY In MUM GODDESS GAEDEN TERM LISA AMID. TRUE DEVELOPMENT IS TO CONTINUE THE SEASONAL SALES OF PRODUCE, LINDR APE TIMIS AND HEATED DONATIVE MAWLUS ONTO THE COMMENT OW WIMP AND IN A YEAR ROUND PLACE OF EDHMM ]MOM 91'8668 WILL BE IMPROVE) TO CITY STANDARDS, BUY TOT 4Ah ANEDMS DOES NOT MM INGWOL ENTS TO SEE EIIS URG SEEWAB AND PAYING. STREET LANDSCAPE WILL BE ADDED. ALONG RUNS SOLD FENCING AT THE MUM SIDE AND PART OF TER EAST SIDE OF TI MUM. TOR FENCING AND LANDSCAPE WILL SOM THIS SITE FIOM THE ADJACENT A R SEASONAL PEONING.DA9. TOB OFF 516BST TO RILL PAM= ART ll I1786M COFNSR OP mm TBE 0=9 PBOPB9 SIREN AY A I ANTOMSI I / DISPLAY AM AND A NEW HOLDING IOM ONAPIRTE TOM SITE IMPROVEMENTS. nM BUDDING AIL EE PBDBSIBLN MOM AITH WINTOIS PACING TEE 6188613, A COVERED WAEWAY / SMUT ANNA AHD A AALENAY CONNECTING TO TER MUSTING STEM SM WA8. THE ROQDIIND MAERIAD CAN OR FOUND ON ADJACENT STRUCTURES, ARE RESfD&Y'LAL IN NATURK AND MEANT TO BRING A SMA18R SCAR TO TIRE ONE STORY BUDDING. THE ON MSIRE TIRE TES E 849 META AATL PANES Bffi:I9K SHIN AIL B6 THE EXPANSION SIDE OF T98 BEDDING. MG. C. DEVELOPMENT SCHEDULE TI CONSTRUCTION UP GEM GODDESS GARDEN CENTER SHALL BE DUMPED IN A SINGES FHA96 AM 9HSTL START IN LATE PALL OF 20&4 AR aaerT. US OMPLEI'BO IN TEE SPRING OF 2000 TEE GREW CENTER IS CIIROQiTLY IN OPERATION ARAN AIL HE PRINTING TO CONTINUE UNTIL 71M SIB DEVELOPMENT COMM = ACCORDING TO TO UMMUIPMERT DOMINICA. D. PROPOSED USES. PER1ffm USES: ANIMAL VETESINARY HOSPITALS OR CIDUIR WNH NO DOME MIND AIMQUE 6TORMS APPMEL AND ACCEINORY STORES ASf rAII OR STUTRS BAEEHH6. MIA 7L BICYCLE STORMS RAR'MSN9YG. PHOTOSTATIC LOURING AND OTC So" REPNODUCTDN SEDECMS HOOK STORES. NEISMANDS, MITTONERY AND CAE STORES BUSINESS MACHINE OR COMPIRRR STORES OMENA AND PHOTOGRAPHIC SENTICE AND SUPPLY SNIDE CANDY. NOT AND CONFECTIONERY mm CGAMUNTPY HOLDINGS DAMY PRODUCTS STORES FLORAL SEOPS lLAEDRN SUPPLIES UNIT!, NOVRIT OR BOTTOM SNP GREMEMOUSMS. RETAIL INCLUDING T08 SAE OF 38ANOMA ITEMS HAL+ NAIL AND COSMC SRtECES RUSWAME STORMS mm AND CRAFT STORMS EILEDLOR DITODPATIM SUITS 14CESMIH SHOPS MEAT. POULTRY OR SEAFOOD STORES MRDEAL AND DENTAL OPPOSE, CLINIC OR LARORATO70ffi MUSIC STORES OFFICE SUPPLY STORES OFFICES (MATERNAL ADMLV64TMTfl$ NUMNISS AND PROFESSIONAL OFFICES OPTICAL STORED PAINT AND WAL'APRR STORES PRARMACUS PICft166 FBAIERG SHOPS SHOE REPAIR DROPS ffiOR STOn SPORTING GRADS STORES STUDIO FOR PROFESSIONAL LORE OR TEACHING OF ENE. ARM PHOTOGRAPHY, MUSE DRAMA OR DANCE T'EMMON, RADIO, SEAL APPLIANCE MAIN AND RRRECR SHOP TOY MILES LATCH AND LEROY REPAIR SHOPS GREEN GODDESS GARDEN CENTER PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXCEPTIONS TO PEFAU D USES: NO RULE STORAGE ALWM OUTDOOR DSPIAY ARILS ADS PERMITTED AS ERNTIED ON THIS PIAN MR THIS OPERATION ONLY TEE AMOUNT OF HORDING SPACE DEVOTED TO RETAIL USE IS LIMITED 5,000 SQUAIN FEET TIM FOLLOWRtG USES ARE NOT PEttitTTED: ADULT ENTEDTIOINT, MUM BODE OR ANY SEDUAIIY DRUM= R03MN893 PAIN SHOPS OR PAIN RETAIL RIM NO DRT9R-= NO OUTDOOR ram a8 RUN MANOR RURAL US P®M'1'1'ED. TWORARY On&. A TEMPORARY CONSTRUCTION T'HAU.ES FOE CONSTRUCTION OFFICES ARE I'!D>RA'IT®. PRUnDa TTIT CONSI'RUCEOR OFFICES AND TBAMMS An REEVED FROM TER RITE PRIOR TO ISSUANCE OF A C86TUN ATE OF OCCUPANCY FOR THE HOODING. E. SITE DATA ROTA PROPERTY ARIA 24,814 S.F. 0.57 ACRES USE MAZ M HU9ffiNG COUKR1CZ 95% MA88NY BOLDING BUM 35 FT. 20% LANDSCAPE COV®AGE - mm TOTAL ROT COVSRAG6 BY STRUCTURE, PAYING AND SMIRKS m OUTDOOR DISTANT AREA 71059 3.F. 2&E% MAL NUMBER OF PARKING SPACES PRO AIDED 17 . 2 HANDICAPPED BUILDING HEGOT 26 FEET F. PARU4NG: OFD 3 LA PAIRING RSQDLE ~ IN THIN RHB I M CODE a OF LANE 3E'TON 26iE01: o f DPP-ST31ffil' FIBBING BgOJH61ED11R. G. FENCES AND RETAINING WALLS: FENCES AND AAIIE SNAIL ADHBBE TO THE ABRAT BEGS CODE OF DAIS SECTION 20-OM FENCES, WAIF ANII OISTROGIDNR TO VSA H. TRASH CONTAINERS (DUMPSTERS) PROVISION: MAED &YCL09URE REAL RE EMERY CONSTRUCTION TO A BRIGHT OP (C) mr. MABILU MUNG SIMILAR TO TUE MAIN BUILDING. L BUILDING SETBACKS: THIIEM PRONT YARD 90 FEET ~ m Comm LOT an FEET 9WNOM Sam FAIR (Rrl'MS LN) 10 FRET MINIOM HEAR YAMS SEIACE 10 FEET PLAN 5 TEST FOR EACH AERONA STORY J. LOT ACCESS VKMCUTAR ACCB59 AIL HE FROM MOORE STRET. K. SIGNAGE ON= OT®IELMS NOTED IN DIEM AREAS OF MR mounONS ALL sma SRI. HE IN ACCORDANCE EYE SECTOR 26-401 OF TI REPAY REGR CODE OF LAWS. PMOISTANROIG SIGNS ONE FREESI'ANOINO S1RN H PERMITTED PER EVENTS! FRONTAGE ■TLR A CHANGRAR8 COPY Am FOR ADVSBFLm mustoma CRAIG AILONAEB SOON ARIBA: 56 &F. PLUS 1 E.F. FOR EACH ADDITIONAL 60 S.F. OF FLOOR AM OVER 1.601 H.P. MABIOM HEIGUID 16 FEET SIGN SEEACH FROM AMACER PROPEUDE, 10 FLAT FROM STOREY RIGHT-OF-LAY, 5 TEST FOR SIGNS UK= T FRET RIGS, 10 FEIN FOR SIGNS 7 OR MOPE FEET MGM WALL SIGNS 09 WALL SIGN LR Pd611TITE0 PON THE SEE OP THE 1EILDHLG WHICH PALMS W. 4Th AVE. WITH OR WITHOUT CHANGEMI COPY AREA FOR ADVERTISING SRAEDNA SALE Tr1B1f1.4 ALOWABIE TAM SIGN AREA: 1 SF. POE EACH TOWN FOOT OF TEE SEE OF 788 BUILDING PRRFORMANC6 STANDARDS FOR SIGNS ALL FRffiTANDING SIGNS SNAIL HE PLACED W= A WIDSCAPED AREA SINN L6NIRG 5811E ME IMMUCT OR INTERNAL ONLY PEDR8= SIGNS ANANATED SIGNS. FEABHG:G SIGNS, REVOLVING SIGNS, 96ARC ILGEYB, HOOF SIGNS, INWARD ADVERTISING DRUCE& OPT-PRBIMSBS SIDS. PORTABLE FUNS L. LIGHTING AL BEIC LANGRB IN ACCORDANCE WITH TO WHBAT RRCE CODE OF LAWS, SECTION N M-50 %XTEM R'EBI0R LSTIN'G. M. OPEN SPACE AND LANDSCAPING 1. TOR 1Q\iSAUM PFBCMYAGR OF LANDSCAPED AREA 1GAI. BE AD X & ADDITIONAL ON LOT LANDSCAPING MAY OCCUR AT OENBHE CHOICE. 5. TMS FOLOYING MINSNII ME APPLY WBBMSVED rMWING H ESQUSER DECIDUOUS SIME TIM 2' CAUPER ~ LIMA S ®GNT ORNMISTAL AND FDOWEING TIM Y CAMPED SEEM 5 GOON CONTORTS 4. LOGRAUTA AMOUNT OF 8DN ANTES GONSEIPTIOTL SUM (LS MIIIHGPA9E) S ATI HE 70 % OF LANDSCAPER AREA. & LUOSIMPED AMA9 SHALL BE AS INDICATED ON APPROVED THE LANDSCAPE PLAN. & LANDSCAPE AND GROUNDS MAIRTMNM THE DENNIS OP A PROPEHIYT LED SVCCI MILES OR AffiGNE EDAl RE BMEPOON9HB.E FOR TEE PROFILE XULT RNALCE OF AM LANDSCAPER ARE6R SORECr TO AN APPROVED LOG RAPE LOAN. SUCH AES19 w BE DBEA® TO DOWN TEE SOEECT PROPERTY AND THAT PORTION OF ANY ADUaM PUBIC SEEM RIGHT OF WAY, FROM TOE PROPERTY IDS TO TEE BACK OF THE ADIA(ENT CURE 7. LANDSCAPING RIM. BE CONTINUOUSLY MAINTAINED INCLUDING NECESSARY LATE URN, WEEDING, PRUNINO, PEST CONTROL AND REDIACBMEDY OF BRAD OR DISEASED PLANT MATIMAL RR•IACRINT OF DEAD OR DLSEA.9ED PLANT MATERNAL SHIN SE OF THE SAW OR SDEAR TYPE AS SET YOM ABOVE. SUMSTIETONS 11TH MUM TYPES OF FLINT MATERIAL MAY EE MIDR OIY WITH CITY ARRIVAL ffi cmmxmT SRAEL OCCUR AITRNN INS GROWING SEASON. & GROUNDS RIAL, RR MAINLINED IN A SAFE, CLEAN AND NEAT COMMON FREE OF 99EM AE MUM& LAWNS SEAL BE SPAN' IN A MOWED CONDITION. ROADS, SINBRALES AND PAPRARNIS KHAL 0E KEPT TOR TO LDS AND GRADE AND IN GOOD REPAIR DRAINAGE D79'Lffi SEAL HE KEPT CLEAN AND FMS OF ANY OESV,CNEa I UKLMSI OTBEDAINE NOTED. AL LANDSCAPING SEAL EE IN ACCORDANCE WITH THE CITY OF WILT MR CODE LAWS, SECTION 20-802 LANDSCAPING REQUIEMETTI. N. ARCHITECTURAL TREATMENT - BUILDINGS 1. THE ARCHITECTURAL EPTRDOR MATERIALS SHALL HE OF WILD, IND BEAMS, MASONRY / STORE. TRY-UP CONCEDTE OR STUCCO. COCOAS AND TKAIORE.S WILL H6 RATORA. AND METH TONES. AL ROOT MOUNTED MUDZI EDT SRI. RR FULLY SCRIONIM WITH MATERIAL APPROVED I TER PLANNING AND DBVEOPYBMT DRPAIR IM N AS NOT TO R RELIEF PROM WEST 44th AVENUE. 0. OUTDOOR DISPLAY AREA CRITERIA DISPLAY OF REM9 MAY OCCUR, SURBCT TO TELL FOLIUIIING PROVILMEM 1. DISPLAY AREA WDL NOT COUNT TITARDS SATISFYING THE 1ANUMOR AND/OR PASSING ARIA REQUIREMENTS. 2. DIRNAY ARAE TIDAL DS ANCILLARY TO A PHLLRY BOLDING. & TOTAL ITES DUSPUYR1 SEAL NOT HE 1111M. 4. THE TOTAL MOM OF DISPLAYED KRIS SNAIL NOT ESC® 6 FEET. & DISPLAY AREA SEA]. OCCUR ILLUSION 10 FEET OF TOE DDRDING OR WTTEIN TEE FENCED AREI. 6. LGHTING OF TES DISPLAY AREA RITALL HE LIMITED TO GROUND INTEL IIGTTONG. 7. S16EUIR IN TEE DIMNAY AREA SH , RE ]MICRO TO MODEL . PROUST NAMRS(3) OR NOIORLNSZ MAIL NOT BE iturna. & USP AYED GOODS SEAL 0E EDRINBED PRODUCTS ONS AND NOT PA010/COMPONMNTE Of A FDOSEED PRODUCT. 9. DISPLAY AREAS Mill US WAMBOLD IN A WEED AND GRAPPLI FM CONDITION. 1& INTSRPRBTAAON OF FOR; 1IMPTAY ARIBA cFxrm ESAIl US A' TEE DISCSETON OF TES CTTY'S DIRECTOR OF PLANNING AND DEVROPMeNT. w.Ux 2-11-02 REGION: 5-21-02 8- -02 2 2 OF3 NBIi iAN PMxE➢ FNfU W MATE PY"ABONM -FATE UU- M MHF SNME ANfdZED AWIM4 SRMEfAMf SSTF11 MnI THIfD Nh4 3 SOUTH ELEVATION GREEN GODDESS GARDEN CENM PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 3 WEST 44th AVENUE 1141. MIT - MK AND PNm ANT DOS11144; mm amx uM MWED SEf1EHN 1 wFxMu ~ ® µD aan ilD mNR t IN NO I IDdIdfY 11ON mi000! gYV.T NEA N E &s (fLYt ARK SYH ZONE R-3 - r PAIMNG Lu Ag A9\IALi PAYH6 ct) ~ b1100:M Dy'NAY AIdA ^-ROdt dV OUVEi. SUmOFM ~ 1YI F/ffiIFAIE Nb9. flIAN$ FINIX Ab MEIl fl+ARt UMmC 15'-0• V:DSCAiF ~ ~ ~ ~ mD ar1Ex An.InU'rrt ro R-3 ZONE ~t9 RM NLIDy I T MN. pFPTN NEW C OOd I O D ZONE R-3 i O LANDSCAPE SITE PLAN 1® ~ l0 0 m MALE DRT£ ZONE END LANDSCAPE MATERIAL SCHEDULE MATERIAL awxD cmm AOC4 - POUW PfIdIBYAL SIFW MW - DKW DANLY NmIARCI L1s;!sRLA fw mmm ff/, fNMFI m n JIbMNYS OIINFM$$ SA cffQl' WITA10 "m AInaP 549N'PYTPIff Ff011114 004Wm0 bWM SLW A RFFAS SAryR ASI EW%LIL5 MNN vmm vmr I3H'IWJI PoE F1U510dtA PbIDFAY&1 NA£ MNb PMMtI>mA NEMY1tf NU4 RNYS C'AA9NV. AUOAN MIs fli1M5 6nASEFAA ABREV. mIX SIZE QUANTITY SYMBOL 0 W 5W m o SC 5OU 12 SC rA MIX s m 52 m 100 RN S G4 1S rtN® S4 Y Im .1 ~ 0 Am 4 M PP 61Cd1 S W W W Y4N J IB Y MN 2 jE.✓A~ I LANDSCAPE NOTES 12 All UNI9'AAIIG xGUGK. MAi 9pM H liff fl91C Ali ff WAY.4WL B: tlHIDM0b4T MWIAW➢ IXOLYM: 166SWY IIANBMi MIDN6 MtlMHG NS! 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OUTDOOR D1NMY AM SAO S.F. mix lI mN OF FENCE 5,5&9 Sy. 09.6% OF Mr. om.6 OUTSIDE OF ITSUR SITE S.F. 10.55 OF 9'ffi'. Om.6. SPPR AM (.54 ACRES) R1,89A S.F. t00.OS WTE: 2-„-D2 "SION: 121-02 5-,-02 3 3 OF 3 n NORTH ELEVATION - (VEST 44TH AVENUE I f/A•-1'4 n --EAST ELEVATION L IN=IW n (VEST ELEVATION 17;10. ,r. a / 5 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 September 30, 2002 Dear Property Owner: This is to inform you of Case No. WZ-01-02 which is a request for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue. This case will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on October 14, 2002 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you are a property owner within 100 feet of this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. Please contact the Planning Division at 303-235-2846 if you have any questions or desire to review any plans. Thank you. Planning Division. 6...Uthyf\My Docmnents\Kathy\PCRPTS\PLANGCOM\Penotice\2001\WZ0102 V 0 I'm 5; xO~ m z z mo >~o z M>> 0 0 0 0 0 0 0 0 o Z n<~ a o M ;u co A A A A A A A A A .Oi~ O y/ 0 0 0 0 0 0 0 0 0 > w m m m m m m m m m m s ~ w a m rn m m rn m w °w° m O N m V m fVT A W m B xom O A oc~o O D N n' N N .N-n 7 ¢ n m ° D m s Oof D m o N m m Fm a CD °i o m N ,d.. A Z m 2 W d A N t 0 1 Z J y .d. m S R- d A N N r y . C1 = n. a a W D d W Q N m r A o W N a 0 . N D CO N N Y1 N O T N N A N O A O S V (P Sm N O D N M N" eT N N ' 0 N D Z O a _ ~p D O . O o o: s N a Q. a N 0 m o n T n 6 m 0 ff. 9, O m m 0~4 . Oa D O m o N 000 m ~ . p 0 y ' pmu m m=m o._ m3 O o . myw mrc m c HO OEM ODD `G I O O' - c .n m N O Nr NO ° p j ? 0i N ° y~ ~ a ~m . . p o W p u i n N N^ o R o N o O N N W N N W O O FL W W O W I O C W W W W W D) N p N O O N N N N N N N N 0 I~ a N ° O O O O O o o ° 1 N Q N o x N N N N N _ d} N N N N N a ~ as 9!o S m 0 3 ~ 01 a m 1- O ~ N N C O N \ \ \ O. I6 IN \ \ IA. IO N MN Q ~ N Z 7 N D m o. A a _3 c c ry O 03 A m c of m a K w C C 0 b N r !D n C (D a 0 ~ w ~ C O' ro N (U N rn n w_ .b O K 0 (D Y w N A C QQ m v 0 v d (D ro -4 n 'm . > 2C z 0 M >~0 C) N x 2 ° M > > o z n C ~ o Q o M ;u g z m w $ s w N Z ❑ ❑ ® ❑ ❑ ❑ w 3 x j C 0 o pcm M ym3 m D N m f 7 n ww@ n v N m y 9 a 0 qa 3 D 6 ~ m fD Zy V1 Q N M m 3 'm rn~ 3 H n C, 0 N N w M o 6 O ~ N 0 n N f~ y w N x O VI n ~n Q N N = Q a N ~ =1 d o m 3 ~ Qa m ~y W N (O N O ~ C O O C IQ I \ a N C ~ IN N C Z 7 w ~ ~ A A (1 a c G Q m Q ~ c c mY ~ ~ - Q ~ A w A N N a NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on October 14, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. WZ-01-02: An application filed by Lisa Aiello for the Green Goddess for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44`h Avenue. Said property is legally described as follows: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44`h Avenue as monumented by the City of Wheat Ridge, Colorado. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: September 26, 2002 m REQUEST FOR COUNCIL ACTION AGENDA ITEM Q-t September 9, 2002 -PUBLIC HEARINGS BIDS/MOTIONS RESOLUTIONS Quasi-Judicial: X Yes X ORDINANCES FOR 1ST READING ORDINANCES FOR 2ND READING No SUBJECT: Consideration of a request for approval of a zone change from Agricultural-One to Planned Commercial Development, approval of a preliminary development plan and a final development plan for property located at 10590 West 44' Avenue. SUMMARY AND BACKGROUND: At the August 15, 2002, Planning Commission meeting, a recommendation of approval with one condition was made. See attached minutes. The applicant has agreed to the recommended condition and will incorporate the change into the PCD document prior to the City Council public hearing. ATTACHMENTS: 1. Council Bill No. 31- 2OO2 2. Vicinity Map j3. "Recommendations to City'ouncil" form j (Planning Commission action) 4. August 15, 2002 Planning Commission minutes STAFF RECOMMENDATION: ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTIONS: d budgeted amount: $0 contracted amount: $0 of expenditure on line item: $0 Account No.: N/A Approval for all components of the request. Alan White, Director of Planning and Development Mary Austin, Planner "I move to APPROVE Council Bill No. 31-2DOZ, Case No. WZ-01-02, on first reading, ordered published, public hearing set for October 14, 2002, at 7:00 PM in the Council Chambers of the Municipal Building, and if approved on second reading, take effect 15 days after final publication." CitY.- of W heat Ridge Recommendation(s) to Council Date„ t' j S 2(2Z Board ~~a . ti.~ptc_c ea . Issue or Case # t-_ pig iv Peso, caMMGfG%-k -De.V. Awe. ft Qrovn [ b~ ~l RECUIIIMNDATTON(S) MkRT(5) (if applicable, bullet form) ss«n. Csc ~t- ~ tl~-~ib~~ssx~s = r* a The r6 ~ALII', ems. e4C- `15n cg try T~ e w w 1 Cl~.~ [A~o fwa~Il .eYipe • Recommendation(s) to Council Date Ir42=7-- Board Issue or Case # W-L -p_ t- rb 2--! A~\\a Page 2 i Staff Contact * Please return 0 t City Manager's Office for distribution 6. PUBLIC FORUM There was no one to appear before the Commission at this time. PUBLIC HEARING 7 A. Case No. WZ-01-02: An application filed by Lisa Aiello for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44`s Avenue. The case was presented by Mary Austin. She reviewed the staff report and presented photos and site layouts of the area. She entered all pertinent documents into the record, stated that all proper publication and noticing requirements had been met, and advised the Commission they had jurisdiction to hear the case. Commissioner SNOW expressed concern about the metal wall proposed for the southern portion of the building as well as noise that could be generated by cooling fans. Lisa Aiello 6364 Newland, Arvada Ms. Aiello, the applicant, was sworn in by Chair WEISZ. She stated the permanent building would be used primarily for selling fresh produce. The building will have a cooler but there are no plans for noisy fans on the outside. She stated she has support of the neighborhood and customers. Her present operation is from May to October and she hopes to eventually operate a year-round business with a small convenience store. Commissioner McNAMEE asked if Ms. Aiello would be willing to accept a condition to the landscaping plan that would require planting of a drought tolerant grass. Ms. Aiello stated she would accept such a condition. Commissioner SNOW asked the applicant if there was a timetable for expansion of the building at which time the metal wall on the south would be replaced. She expressed concern about the visual impact of this wall on neighbors to the south. Ms. Aiello replied that expansion plans would depend on the growth of her business. She also pointed out that the structure to the south has no windows facing her business. In response to a question from Commissioner COOPER, the applicant stated she would be agreeable to a time limit for replacing the metal wall. Commissioner McMILLIN commented that a metal wall is in keeping with the rural feel of this area and cited an example of the Montessori school across the street. Commissioner COLLINS asked where fans for the refrigeration unit would be located. Ms. Aiello stated the fans would face a driveway and would not be near balconies of the adjacent apartment building. Planning Commission Page 2 August 15, 2002 Joseph Bailey 12655 West 31St Avenue Mr. Bailey was sworn in by Chair WEISZ. He spoke in favor of the application. He commented that Ms. Aiello has proven herself as a successful local entrepreneur. He expressed concern that the property would revert to an unsightly vacant lot if the application were not approved. Robert Frankel 4352 Moore Street Mr. Frankel was sworn in by Chair WEISZ. He spoke in opposition to the application. He expressed concern that the business would cause a further increase in traffic on Moore Street. In response to a question from Commissioner COOPER, Mr. Frankel stated that he has been a tenant at the above address for nine years. Susan Murphy 4352 Moore Street Ms. Murphy was sworn in by Chair WEISZ. She stated she manages the apartment complex two doors south of the applicant's property. She expressed concern about increased traffic and parking which would cause problems for her tenants. She also stated she was taking notes of the meeting for Lee Simmons who is the owner of her apartment complex. Mr. Simmons resides in Lincoln, Nebraska. She stated that Mr. Simmons had expressed interest in the applicant's property five years ago and "the city of Wheat Ridge declined." Larry Olson 11156 West Kentucky Drive Mr. Olson was sworn in by Chair WEISZ. He stated he sold the property to Ms. Aiello and he also owns the property to the west. He stated that Mr. Simmons approached him several years ago about purchasing the subject property. Mr. Olson chose not to sell the property to Mr. Simmons. In response to a question from Commissioner McMILLIN, Mr. Olson stated that he would allow the applicant to utilize his vacant property to the west for overflow parking. Sharon Olson 11156 West Kentucky Drive Ms. Olson was sworn in by Chair WEISZ. She disagreed that there is a traffic or parking problem resulting from the applicant's business. Commissioner SNOW asked if there were plans for additional parking if the building expansion takes place. Mary Austin stated that the applicant is presently providing fourteen parking spaces while city regulations require ten parking spaces. She also stated that there would be room for additional parking spaces if the expansion takes place. Ms. Aiello stated that the expansion would only be to provide storage for additional plants. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. WZ-01-02, a request for approval of a zone change from Agricultural-One (A-1) Planning Commission Page 3 August 15, 2002 to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue be approved for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation of planned residential development, this use is compatible with the variety of adjacent and nearby uses. Further, it continues the farmers market and agricultural heritage of the city and the Fruitdale area. 2. The rezoning will not adversely impact the traffic congestion or the amount of light and air to adjacent properties. 3. Many changes in the character of the neighborhood and the small size of the parcel make it unlikely that it would be easily or profitably maintained as an agricultural use. 4. The requirements of the City's Planned Development regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. Commissioner McNAMEE offered a friendly amendment to provide a condition to change the landscaping plan to require planting of a drought tolerant type of grass such as fescue in place of Kentucky bluegrass. This condition was accepted by Commissioners SNOW and PLUMMER. In response to a question from Commissioner COLLINS, Mary Austin explained that, due to present drought conditions, the city has instituted a policy to allow a delay in all landscaping until fall. However, with the worsening conditions, further extension may be necessary. The motion passed 8-0. (I-- (Chair WEISZ declared a brief recess at 9:10 p.m. The meeting was reconvened at 9:15 p.m.) B. Case No. SUP-02-01: An application filed by Galloway, Romero & Associates for King Soopers for approval of a Special Use Permit for properties zoned Commercial- One (C-1) and located at 3817 Sheridan Boulevard, 5301 West 38th Avenue, and 5201 West 38th Avenue. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and a site plan of the subject property. She entered all pertinent documents into the record, stated that all publication and posting requirements had been met and advised the Commission there was jurisdiction to hear the case. She noted a change to the fourth recommended condition concerning fuel deliveries. The fire department is requiring that all fuel deliveries be limited to hours during which the kiosk is manned. Planning Commission Page 4 August 15, 2002 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2002 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10590 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Lisa Aiello, approval of a zone change in Wheat Ridge, Colorado, Case No. WZ-01-02, and based on recommendation of approval with condition from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One District and to include in the Planned Commercial Development District the following described land: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44`x' Avenue as monumented by the City of Wheat Ridge, Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, 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 , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this SIGNED by the Mayor on this day of 2002 day of 2002 GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 August 22, 2002 Lisa Aiello 6364 Newland Arvada, CO 80003 Dear Ms. Aiello: Ridge At their meeting on August 15, 2002, the Planning Commission recommended approval of Case No. WZ-01- 02, a request for approval of a zone change from Agricultural-One to Planned Commercial Development and approval of a preliminary and final development plan for property located at 10590 West 44' Avenue for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation of planned residential development, this use is compatible with the variety of adjacent and nearby uses. Further, it continues the farmers market and agricultural heritage of the city and the Fruitdale area. 2. The rezoning will not adversely impact the traffic congestion or the amount of light and air to adjacent properties. 3. Many changes in the character of the neighborhood and the small size of the parcel make it unlikely that it would be easily or profitably maintained as an agricultural use. 4. The requirements of the City's Planned Development regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. With the following condition: The landscaping plan be changed to substitute planting of a drought tolerant type of grass such as fescue in place of Kentucky bluegrass. Your request is scheduled for first reading by City Council at 7:00 p.m. on September 9, 2002, and second reading with public hearing on October 14, 2002. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy FeY'd 4 Administrative Asst. The City of Wheat Enclosure: Draft of Minutes cc: WZ-01-02 (case file) 6. PUBLIC FORUM There was no one to appear before the Commission at this time. 7. PUBLIC HEARING 47 A. Case No. WZ-01-02: An application filed by Lisa Aiello for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and fmal development plan for property located at 10590 West 44`s Avenue. The case was presented by Mary Austin. She reviewed the staff report and presented photos and site layouts of the area. She entered all pertinent documents into the record, stated that all proper publication and noticing requirements had been met, and advised the Commission they had jurisdiction to hear the case. Commissioner SNOW expressed concern about the metal wall proposed for the southern portion of the building as well as noise that could be generated by cooling fans. Lisa Aiello 6364 Newland, Arvada Ms. Aiello, the applicant, was sworn in by Chair WEISZ. She stated the permanent building would be used primarily for selling fresh produce. The building will have a cooler but there are no plans for noisy fans on the outside. She stated she has support of the neighborhood and customers. Her present operation is from May to October and she hopes to eventually operate a year-round business with a small convenience store. Commissioner McNAMEE asked if Ms. Aiello would be willing to accept a condition to the landscaping plan that would require planting of a drought tolerant grass. Ms. Aiello stated she would accept such a condition. Commissioner SNOW asked the applicant if there was a timetable for expansion of the building nt which time the metal wall on the south would be renlaceA Rhe e%nrecsed concern about the visual impact of this wall on neighbors to the south. Ms. Aiello replied that expansion plans would depend on the growth of her business. She also pointed out that the structure to the south has no windows facing her business. In response to a question from Commissioner COOPER, the applicant stated she would be agreeable to a time limit for replacing the metal wall. Commissioner McMILLIN commented that a metal wall is in keeping with the rural feel of this area and cited an example of the Montessori school across the street. Commissioner COLLINS asked where fans for the refrigeration unit would be located. Ms. Aiello stated the fans would face a driveway and would not be near balconies of the adjacent apartment building. Planning Commission Page 2 August 15, 2002 Joseph Bailey 12655 West 31st Avenue Mr. Bailey was sworn in by Chair WEISZ. He spoke in favor of the application. He commented that Ms. Aiello has proven herself as a successful local entrepreneur. He expressed concern that the property would revert to an unsightly vacant lot if the application were not approved. Robert Frankel 4352 Moore Street Mr. Frankel was sworn in by Chair WEISZ. He spoke in opposition to the application. He expressed concern that the business would cause a further increase in traffic on Moore Street. In response to a question from Commissioner COOPER, Mr. Frankel stated that he has been a tenant at the above address for nine years. Susan Murphy 4352 Moore Street Ms. Murphy was sworn in by Chair WEISZ. She stated she manages the apartment complex two doors south of the applicant's property. She expressed concern about increased traffic and parking which would cause problems for her tenants. She also stated she was taking notes of the meeting for Lee Simmons who is the owner of her apartment complex. Mr. Simmons resides in Lincoln, Nebraska. She stated that Mr. Simmons had expressed interest in the applicant's property five years ago and "the City of Wheat Ridge declined." Larry Olson 11156 West Kentucky Drive Mr. Olson was sworn in by Chair WEISZ. He stated he sold the property to Ms. Aiello and he also owns the property to the west. He stated that Mr. Simmons approached him several years ago about purchasing the subject property. Mr. Olson chose not to sell the property to Mr. Simmons and indicated that the City was not involved in any way. In response to a question from Commissioner McMILLIN, Mr. Olson stated that he would allow the applicant to utilize his vacant property to the west for overflow parking. Sharon Olson 11156 West Kentucky Drive Ms. Olson was sworn in by Chair WEISZ. She disagreed that there is a traffic or parking problem resulting from the applicant's business. Commissioner SNOW asked if there were plans for additional parking if the building expansion takes place. Mary Austin stated that the applicant is presently providing fourteen parking spaces while city regulations require ten parking spaces. She also stated that there would be room for additional parking spaces if the expansion takes place. Ms. Aiello stated that the expansion would only be to provide storage for additional plants. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. WZ-01-02, a request for approval of a zone change from Agricultural-One (A-1) Planning Commission Page 3 August 15, 2002 to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue be approved for the following reasons: 1. Although inconsistent with the Comprehensive Plan designation of planned residential development, this use is compatible with the variety of adjacent and nearby uses. Further, it continues the farmers market and agricultural heritage of the city and the Fruitdale area. 2. The rezoning will not adversely impact the traffic congestion or the amount of light and air to adjacent properties. 3. Many changes in the character of the neighborhood and the small size of the parcel make it unlikely that it would be easily or profitably maintained as an agricultural use. 4. The requirements of the City's Planned Development regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. Commissioner McNAMEE offered a friendly amendment to provide a condition to change the landscaping plan to require planting of a drought tolerant type of grass such as fescue in place of Kentucky bluegrass. This condition was accepted by Commissioners SNOW and PLUMMER. In response to a question from Commissioner COLLINS, Mary Austin explained that, due to present drought conditions, the city has instituted a policy to allow a delay in all landscaping until fall. However, with the worsening conditions, further extension may be necessary. (I- The motion passed 8-0. (Chair WEISZ declared a brief recess at 9:10 p.m. The meeting was reconvened at 9:15 p.m.) B. Case Nn_ STP-02-01: An applicatinn _filed by Galloway Rnmero .Q Associates for King Soopers for approval of a Special Use Permit for properties zoned Commercial- One (C-1) and located at 3817 Sheridan Boulevard, 5301 West 38"' Avenue, and 5201 West 38th Avenue. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and a site plan of the subject property. She entered all pertinent documents into the record, stated that all publication and posting requirements had been met and advised the Commission there was jurisdiction to hear the case. She noted a change to the fourth recommended condition concerning fuel deliveries. The fire department is requiring that all fuel deliveries be limited to hours during which the kiosk is manned. Planning Commission Page 4 August 15, 2002 O f+ - - V i Q Q E 0 0 - i O ,-A E O E om O - 0 LJ_ 06 O O J L Q N 0 o~ o ~ o~ N 3 a w W ~ b 2 N q r 4 W r O ct ct r---q O ~y gg~~ Q 46 N O oc O oc Q ~ O i O ~ N a3 P- • r ~ ~ T~ V1 z ~tui .w awe wm 86 om ' I I m rA ~.4 3a'(. ~ ( i o4gy N 1 ` ~ ~ O W Q.L a 4VF ~ II ` } ly 3 x S t $ Nil I ~ I 'L~ 1 t- -r I__ g~ I I o r P 05 ~ T j7 } 2 d \ ~ I ~ I i i I - 9-9 A-O 11-.91 K F 0 W n a B_ N O ~n O O\O O O N 'C~C O q O O N U 3 a a a 0 i I d wz t ii 5 N 0 .ti I ti ¢I O ro V I I Zu ~ -if-, ~ I Y I 1\ i= a ~ ~ l r x ~t~ I ~--,~J/777 ~[T c~ N . r, I 131&9 aNoow O 2 k ~ -3Jk3i 10 GN3 Z & _ -1~QBpJlU F--1 b16 - EON /x l✓ V s / g gSu F7 F \ N~ enddf $ ~ b A $ Q M K W 4 O _ N 13ilN18 360ow - V ~ V O ~ L O - L V~ - L LL ca ~ O - C Q Q i CL am no CY) a L W Cl) O i O O .v ~ O N O O 3 N O V 0 O U ca a 0• C6 n N ~ O l}' U T 0 0 L U~ Ca L ~ U O N E N 0 C~• C6 N L O L cn A-a Q N Q Q N ~ O a L L o 0 0 U O (6 O N N O O N 0 0 0 0 o ~ o~ N P, N Q L 0 O O ~ N cn ~ 'V Q O CY) CD- 4-0 ' Co ~ U O ~ ~ U cr 0) O ~ . - O N O N ~ 's O L C 0 Co Ca O ~ Q O U ~ I Ca U) U) O U O co O C6 O N X U) . N (0 4-0 ~ N C N E O O L C: U O Ln (D 75 0 occ ~o o ~ o~ N tj~ ca a O O Q WE ca O > > 0 0 0 > LM Lm CL S . W 0 W r E i o G1 = G1 L _ L Wm y- O N Q N O O N O O O U a4 P. PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION AUGUST 15, 2002 Case No. WZ-01-02: An application filed by Lisa Aiello for the Green Goddess for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44 h Avenue. (Please Print) Name Address In Favor/Opposed Toma~]~Y I2G~~%31]( -F IT Al /3,05-0 W, 4-3 V/ I 'D ct 4352 r of I A-/2QH -14 S'1141Z-0.~ 6LSOidl Jb loo (-j. 41'1 T` r J+t) 17 R- ~A 0 (e. f(~ (05~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: August 15, 2002 DATE PREPARED: August 8, 2002 CASE NO. & NAME: WZ-0 1-02 / Aiello CASE MANAGER: Mary Austin ACTION REQUESTED: Rezone from A-1 to PCD, Planned Commercial Development Approval of a Preliminary & Final Development Plan. LOCATION OF REQUEST: 10590 W. 44th Ave. NAME & ADDRESS OF APPLICANT(S): Lisa Aiello 6364 Newland St. Arvada, CO 80003 NAME & ADDRESS OF OWNER(S): Same as Above APPROXIMATE AREA: 24,894 square feet (.57 acres) PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN A-1, Agricultural One Vacant and temporary garden center N:, A-1 & R-2 E: PRD S: & W: R-3 N: Church & Residential W: Single-Family Residential S: & E: Multi-Family Residential PRD (16) Planned Residential Development 16 units/acre DATE PUBLISHED: August 1, 2002 DATE POSTED: August 1, 2002 DATED LEGAL NOTICES SENT: August 1, 2002 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a zone change from A-1, Agricultural-One to PCD, Planned Commercial Development and approval of a Preliminary and Final Development Plan for property located at 10590 W 44 h Ave. The purpose of the request is to construct a 1,903 sq. ft. building and site improvements for a retail garden center. H. NEIGHBORHOOD MEETING The required neighborhood meeting was held on March 29, 2001. No one from the neighborhood attended. A copy of the meeting summary sheet (Exhibit 1) is included with this report. III. PROPERTY BACKGROUND The property being developed is approximately .57 acres in size (24,894 sq. ft.). The property has frontage on both W 44' Ave. and Moore St. The property is currently zoned A-1, Agricultural. (Exhibit 2, Zoning Map) A Temporary Use Permit, allowing for the retail garden center, was granted by Board of Adjustment in April 1999 (Exhibit 3, minutes). In March 2000, the Board of Adjustment again granted approval of a Temporary Use Permit to operate the temporary garden center for another year (Exhibit 4, minutes). Following that approval, the zoning code was amended to prohibit on- going renewal of TUPs. City Council action in February 2001 (Exhibit 5), in conjunction with the new zoning code adoption, allowed the temporary use of a retail garden and fresh produce market to continue on the property during the pendency of an application for rezoning. It is the intent of the applicant that this temporary retail garden center operation will remain until development of property begins. The development schedule on sheet 2 indicates that development will commence in the fall of 2003 and be completed by spring of 2004. IV. DEVELOPMENT PLAN As part of the rezoning to PCD, Planned Commercial Development, the applicant is requesting approval of a preliminary and final development plan for the site. The PCD regulations and design parameters for the property are established on sheet 2 of the PCD document. The list of permitted uses for this PCD zoning most closely resembles the permitted uses in the City's standard RC, Restricted Commercial zoning district. The list of permitted uses for the RC district was pared down considerably to eliminate incompatible uses that are more intensive. The list reflects those uses that are primarily professional, service, or retail oriented. Consistent with Planning Commission Page 2 WZ-01-02/Aiello the NC and RC districts, the amount of building space devoted to a retail use is limited to 5,000 square feet. The proposed use of the site for a retail garden center operation is allowed per the permitted uses established with this zoning. The regulations limit outdoor display areas to those reflected on the plan and disallow bulk storage. Proposed Building A 1,903 square foot building is proposed for the site with a possible future building expansion of 1,666 square feet. The proposed building coverage for the site is 7.6%. If the building is expanded as shown, the total building coverage would be 14.3%. The minimum setbacks established with this zoning, as reflected in the regulations on page 2, are as follows: front yard - 30 feet, side yard adjacent to R-O-W - 30 feet, side yard- 10 feet, rear yard - 10 feet + 5 feet for each additional story. These established setbacks are consistent with all of the City's commercial districts. The position of the building meets the minimum setback requirements. Building elevations are detailed on sheet 3 of the PCD document. The height of the building at 20 feet is well within the 35 foot limitation established with the zoning. Architectural materials consist of brick, wood siding, and glass in earth tone colors. The rear of the building is to be constructed with metal panels painted to match the building. This is to allow for the future building expansion. The rear part of the building will be visually obstructed by site landscaping and solid fencing. Circulation/Parking Access to the property will be from a single curb cut on Moore Street. The City's Traffic Engineer has approved this access design and is pleased that the driveway is located as far from the intersection as possible. No dedication of right-of-way is required along either street frontage. The driveway and parking areas are to be paved with asphalt. The proposed zoning establishes parking requirements by referencing Section 26-501, Off-Street Parking Requirements of the City's code. Based on the size of the business, 10 parking spaces are required. A total of 14 spaces are being provided, including 2 handicap accessible. This exceeds the City's parking code requirement. All parking spaces are full-size. The handicapped spaces comply with the City's code requirements and the Americans with Disabilities Act Accessibility Guidelines as far as meeting van accessibility requirements. Based on the total number of off-street parking spaces required for this use, a minimum of 1 handicap space is required. Landscaping The PCD zoning establishes the landscaping regulations on sheet 2 of the PCD document. The requirements for 20% landscaping and the sizes of specimens are consistent with the City's Planning Commission Page 3 WZ-01-02/Aiello standard landscaping requirements. The proposed landscaping plan for the final development is included on sheet 3 of the PCD document. The landscaped area on this site totals 7,403 square feet (approx. 29.7% of the site) Therefore, the amount of landscaped area exceeds the minimum requirements. Landscape buffering is being provided along the east and south property lines. Based on the street frontage along W. 44`r Ave., and Moore St. a total of 11 street trees are required. These street trees are required to be placed within the minimum front yard setback. The landscape plan shows 12 street trees within this setback with the large existing tree on W 44`r Ave being counted as the equivalent of 3 street trees due to its large caliper. In addition to required street trees, the landscape plan proposes 7 trees and 83 shrubs. This exceeds the code requirements for a commercial site. Additionally, the plan provides for a perennial bed at the corner of W. 44' Ave and Moore St. All landscaped areas will be irrigated. Shrub and plant beds will be covered with a minimum depth of 3" of mulch. Fencing Proposed fencing for the site is incorporated into the site plan and detailed on sheet 1 of the PCD document. The outdoor display area south of the building will be completely enclosed with fencing. A solid cedar fence will be constructed along the south property line to provide screening for the adjacent residential. The applicant plans a steel picket fence along the eastern property line. There are no residences directly adjacent on the east side and the picket fencing will promote visibility for security reasons. Signage Sign regulations for the site are established with the PCD regulations on sheet 2. These regulations are consistent with the City's standard sign code requirements. Signage for the property includes two monument signs placed in landscaped areas. One is located along Moore St. near the comer of W. 44`s Ave. and the other is located along W. 44' Ave. near the eastern property line. Both signs are located outside of required sight distance triangles. The plan also shows a potential wall sign on the front of the building. All proposed signage meets the limitations of the sign regulations. Lighting Lighting regulations for the site are established on sheet 2 of the PCD document. The regulation refers to the standards of Section 26-503 Exterior Lighting of the City's zoning code. Planning Commission Page 4 WZ-01-02/Aiello Proposed outdoor site lighting is shown on the lighting plan with standard details. Exterior lighting of a pedestrian scale is planned. At approximately 14 feet, the poles are well within the maximum height limitation of 18 feet. VI. AGENCY REFERRALS All outside service agencies will serve the property when developed. Utility meters, taps, and service lines for the new building will be at the applicant's expense. Arvada Fire Protection District will serve the property. The Public Works Department has approved a drainage report and plan for the site. No dedication of right-of-way is required for either of the street frontages. Public improvements will be required along Moore St. and are shown on the development plan. Public improvements along W. 44' Ave. are already in place. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a zone change request. 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property is currently zoned A-1, Agricultural. There is no mistake on the zoning map. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. This area along W. 44 b Ave has a wide variety of zoning districts (Agricultural-One, Restricted Commercial, Commercial-One, Residential-Two, Residential-Three and Planned Residential Development) and land uses (commercial, single family residential and high density residential). The current zoning classification of agricultural is no longer appropriate for this location. The property is not of sufficient size to be used as a farming operation. Also, it is not a preferred location for development of a single family home. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. Planning Commission Page WZ-01-02/Aiello The Comprehensive Plan Future Land Use Map designates the property as PRD (16) Planned Residential Development 16 units/acre. The property is not planned to be used for any type of residential, therefore the proposed rezoning would be inconsistent with this designation. However, the Comprehensive Plan does designate the area on the north side of W. 44' Ave., across the street from this property, as "transitional residential". The transitional residential designation discusses providing a visual break from more intensive retail commercial uses and creating an appearance of mixed residential and commercial uses. Staff concludes that it is unlikely that the site will be developed with a high density residential use. The boundaries established on the future land use map are meant to be somewhat flexible. While the proposal is not in strict conformance with the Comprehensive Plan, the adjacent designation of transitional residential should be considered. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Based on the variety of land use and zonings in the area, staff has concluded that the proposed PCD zoning with the limitations of least intensive commercial uses will be compatible with the area. The current temporary operation of the garden center has been occurring for the past three seasons. Permanent development with controlled access and landscape buffering will be a benefit. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There are no obvious social or recreational benefits as a result of the zone change. There may well be physical benefits derived based on the fact that a vacant property along one of the City's major corridors will be developed. Development of the property with the proposed landscaping will serve to buffer the residential area to the south from traffic noise. There could be economic benefits to the city with the retail sales tax collected from continuation of the business at this location. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utility providers can serve the property with improvements installed at the developer's expense. Planning Commission Page 6 WZ-01-02/Aiello 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The proposed garden center development with extensive landscape buffering and a single story building along with greenhouses will have less of an impact on the amount of light and air than if developed with high density residential building. There should be no adverse impact on traffic since access to the site and circulation on Moore St. will be improved by restricting it to a single access point as great a distance from the intersection as possible. A final drainage report has been reviewed and approved by the department of Public Works. 8. That the property cannot reasonably be developed under the existing zoning conditions. Under the current zoning of Agricultural-One, the property could be developed with a single family residence. However, since the property is adjacent to multi-family uses and fronts on a major street (W. 44' Ave.) staff questions the suitability of the location for a farm or a single family home. W. 44' Ave. is classified as a major collector street and carries over almost 15,000 cars per day (1997 count). 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There are a wide variety of zonings and uses in the area from low density residential to commercial. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Staff cannot ascertain whether the proposed garden center will fill a void in the market for services, products, or facilities at this location. The temporary garden center has been successfully operating at this location for the past three seasons. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that, although inconsistent with the Comprehensive Plan designation of PRD 16/units per acre, there is such a range of mixed zoning classifications and land uses and in the area that compatibility with the surrounding area can be demonstrated. The proposed rezoning can be considered to be consistent with the transitional residential designation across the street. Planning Commission Page 7 WZ-01-02/Aiello The proposed development plan meets or exceeds the City's standards for commercial development. Therefore, staff recommends Approval of Case No. WZ-01-02. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-01-02, a request for approval of a zone change from A-1, Agricultural to PCD, Planned Commercial Development and approval of a preliminary and final development plan for property located at 10590 W 44' Avenue, be APPROVED for the following reasons: 1. The rezoning is consistent with the Comprehensive Plan designation of transitional residential on the north side of W. 44ffi Ave.. 2. The rezoning will not adversely impact the traffic congestion nor the amount of light and air to adjacent properties. 3. It is unlikely that the property will be developed under the existing zoning classification of Agricultural. 4. The requirements of the City's Planned Development Regulations have been met. 5. The landscape requirements of the City's code have been exceeded. 6. The City's parking requirements have been exceeded. 7. The drainage report and plan have been approved by the Public Works Department. 8. With the following conditions: 1. 2. Option B: "I move that Case No. WZ-01-02, a request for a zone change from A-1, Agricultural to PCD, Planned Commercial Development and approval of a preliminary and final development plan for property located at 10590 W 44t` Avenue, be DENIED for the following reasons: The proposed rezoning is not consistent with the City's Comprehensive Plan designation of Planned Residential Development (16 units/acre). 2. Planning Commission Page 8 WZ-0 l-02/Aiello 7500 West 29' Avenue Wheat Ridge, Colorado 80215 City of Wheat Ridge Telephone (303) 235-2846 Fax (303) 235-2857 Neighborhood Meeting Summary Date: March 29, 2001 City Staff Present: M Austin, Planner G. Knudson, City Engineer Location of Meeting: Wheat Ridge Municipal Building, 2"d floor conference room Property Address: Property Owner: Applicant: Existing Zoning: 10590 W. 441" Avenue Larry G. Olson Lisa Aiello A-1 Property Owner Present? No Applicant Present? Yes Comp Plan Designation: PRD (16) Existing use/site conditions: Vacant lot with a temporary retail garden center operation Applicants proposal: To rezone the property from A-1 to PCD and receive approval of a final development plan. The applicant intends to permanently develop the site in order to continue operation of the retail garden center and fresh produce market that has occupied the site with a temporary use permit for the past couple of years. Issues discussed: No one from the neighborhood attended. Planning staff has received no inquiries or comments from any of the neighbors regarding the proposal. EXHIBIT 1 SE 16 N 3 z e ~ s •a $ ~ s ~ s • a g ~ ~ ~ s ~ • 0 L M E 5E 21 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPAKTMENTOF - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100=YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 21 0 100 ® 400 Peet mm~ June 15, 1994 v U z EXHIBIT 2 5. PUBLIC HEARING A. Case No. TUP-99-01: An application by Lisa Aielo for approval of a temporary use permit to operate a temporary bedding plant and farm fresh produce stand at 10590 West 44th Avenue. Said property is zoned A-1. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a TUP. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, Mr. McCartney stated that staff was recommending approval of the application. Lisa Aielo 6364 Newland Street, Arvada Ms. Aielo, the applicant, was sworn in by Chair MAURO. In response to a question from Board Member THIESSEN, Ms. Aielo stated that she wanted to try this business for two years and if it has worked well she would like to negotiate a purchase of the property and request rezoning in order to construct a permanent building. Board Member ABBOTT noted that produce sales would be a use by right on this site if the produce were actually grown on the site. Board Member ECHELMEYER asked if immediate neighbors objected to the application and if Ms. Aielo would object to turning the refrigeration unit off on Sunday mornings so as not to interfere with church services being conducted across the Street. Ms. Aielo replied that no objections had been expressed by the neighbors and that she would agree to turning the unit off during Sunday morning church services. Pat Aielo 6364 Newland Street, Arvada Mr. Aielo, the applicant's father, was sworn in by Chair MAURO. He stated that the entire unit will be enclosed on all sides with insulated plywood which will deaden the noise. He also assured the Board that the enclosure will be painted to match the trailer. A Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP-99-01 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in Board of Adjustment 04/22/99 Page 2 EXHIBIT 3 recognition that there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-99- 01 be, and hereby is, approved. Type of Temporary Use Permit: To allow the temporary sales of bedding plants and produce. For the following reasons: Even though this use will result in the increase of traffic into the site, approval of this request should not result in congestion on the public streets because there will be adequate room for customers to pull onto the site. Also, the applicant will be providing for adequate parking which should not result in creation of unsafe parking or traffic conflicts. 2. Because the proposed tent will be located at least 25 feet from the nearest structure and the 6-foot chain link fence is 90% open, approval of this request should not have an adverse effect on the adequate supply of light and air nor cause any air pollution. Also, because the entire site is impervious and there won't be any changes to the grade, approval of this request should cause drainage problems. Staff has concluded that approval of this request will not be a detriment to the public's welfare and that design of the area around the sales area will allow for adequate circulation parking, including employee parking. The applicant has insured that the setbacks for the 6-foot fence comply with the development standards and has provided for adequate parking areas. With the Following Conditions: The generator/refrigeration unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night including weekends and during Sunday services for the Baptist church across the street. This unit shall be enclosed on all sides, other than the top and bottom, to dampen noise in the vicinity. 2. Approval of this Temporary Use Permit shall be for the time period of April 23, 1999 through December 31, 1999. The tractor-trailer will be placed on the site per the diagram shown to the Board at the meeting of April 22, 1999. Board of Adjustment Page 3 04/22/99 L The motion passed by a vote of 7-0 with Board Member BROWN absent. Chair MAURO advised the applicant that her request was approved. B. Case No. WA-99-09: An application by Lester Williams for a 1-foot fence height variance from the 4-foot fence height allowance. Said property is zoned A-1 and located at 4593 Parfet. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, he stated staff's opinion that approval of this request should not be detrimental to the public's welfare. Board Member HOVLAND asked if it were possible to grant a variance that would be in effect until the present owner sells the property. Mr. McCartney replied that this can be done. In response to a question from Chair MAURO, Mr. McCartney replied that barbed wire is allowed in agricultural zoning. Janice Williams 8468 West 75th Way, Arvada Lester Williams 4593 Parfet Mr. Williams, the owner of the property; and Mrs. Williams, his daughter-in-law, were sworn in by Chair MAURO. Mrs. Williams explained that Mr. Williams thought he was applying for a 6-foot variance rather than a 5-foot variance. The present fence is 6 feet in height. Mr. Williams is requesting the variance to construct a fence which would prevent vandals from destroying his pumpkin crop. Mrs. Williams stated that her husband will inherit Lester Williams' property one day and plans to continue fanning in this location. Discussion ensued about the fact that the variance was advertised as a 5-foot fence. The Board reached a conclusion that since the actual wire fence itself is 5-feet in height, it would meet the standards stated in the application. The barbed wire on top is allowed in agricultural zones and is not counted as part of the fence height. The 6-foot fence posts are also not considered as part of the fence height. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND the following resolution was stated: Board of Adjustment Page 4 04/22/99 of Adjustment motions not carried by the specified number of votes are thereby deemed denied and further require that in that event a resolution denying such appeal shall be formally entered upon the record. 2. Board of Adjustment Application Case No. WA-00-02 is hereby denied. Board Member ECHELMEYER stated that he would be in favor of the application if the semi traffic could be controlled. Board Member HOVLAND stated that, while he shared a concern about traffic, there were other items in the list of permitted uses that could generate at least as much traffic. He stated that the Board's purpose was not to regulate the site but to determine if this is an intended similar use. In response to a question from Board Member MAURO, Mr. White explained that the interpretation would only apply to the subject planned development and would not affect other planned developments within the city. Board Member HOVLAND asked if the interpretation could include traffic restrictions. Mr. Dahl cited Section 2-61-1)(3) of the city code which says the Board has the authority to affirm, reverse or modify. Because a super majority vote is required, the motion failed by a vote of 4 to 2 with Board Members HOWARD and MONTOYA voting no. Dick Scheurer referred to a code provision which requires a simple majority in case of interpretations as opposed to a super majority. Gerald Dahl informed Mr. Scheuerer that the code had been amended within the last year to provide for a super majority vote in all cases considered by the Board of Adjustment including cases of interpretation. Chair HOWARD informed the applicant that the zoning administrator's interpretation will stand. (Chair HOWARD declared a brief recess at 10:10 p.m. The meeting reconvened at 10:20 P.M.) C. Case No. TUP-00-02: An application filed by Lisa Aiello for approval of a temporary use permit to operate a retail garden, fresh produce market and Christmas tree lot from April 1, 2000 through March 31, 2001. Said property is located at 10590 West 44th Avenue and zoned Agricultural-One. This case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property and entered all pertinent documents into the record which were accepted by Chair HOWARD. She advised that all notification and posting requirements had been met and there was jurisdiction for the Board to hear the case. She Board of Adjustment 03/23/00 Page 10 EXHIBIT 4 reviewed the five criteria involved in evaluating a temporary use permit. Staff recommended denial of the request for reasons outlined in the staff report. If the proposed business is going to operate on a continuous year-round basis, proper zoning with required site improvements should be pursued. Lisa Aiello 6364 Newland, Arvada Ms. Aiello was sworn in by Chair HOWARD. She supplied copies of her presentation to members of the Board. She stated that, even though this is her second request for a TUP, it was not her intention to make a yearly request. She intended to give the business a two- year trial period and then pursue purchase of the property, request a rezone and build a permanent structure for her business. Pat Aiello 1096 Aspen Drive, Clear Creek County Mr. Aiello, the applicant's father, was sworn in by Chair HOWARD. He stated that, if the TUP is granted and the business does well again this year, they will definitely negotiate a purchase of the property and come back to the city for a zoning change. Board Member HOVLAND expressed concern about noise resulting from the change in location for the refrigerated trailer which would affect the apartments located to the south. Ms. Aiello stated her intent in changing the location of the trailer from last year is to provide more visibility for her tent. Mr. Aiello stated that there were no complaints about noise from the trailer last year; however, they would be willing to abide by the Board's wishes concerning the location of the trailer. Board Member HOVLAND asked if the applicant had complied with last year's condition that the space beneath the trailer be enclosed with plywood. Mr. Aiello stated they did not add an enclosure because they determined there was no problem with noise. Chair HOWARD questioned the reason for requesting a full year, which is a change from last year's TUP which expired on December 31. Ms. Aiello explained that, since she was planning to purchase the property, it would be easier to leave the equipment on the property rather than moving it at the end of December only to bring it back again in another three months. She indicated, however, that she would be willing to accept an expiration date of December 31 this year. Larry Olson 11556 West Kentucky Drive, Lakewood Mr. Olson, owner of the subject property, was sworn in by Chair HOWARD. He verified that he would be willing to sell the property to the applicant but indicated he needed another year to take care of title matters, etc. in order for this to happen. He also owns the property next door to the west. In response to a previous question by Board Member ECHELMEYER, he stated that this location was a site for a fruit market from 1950 through the 1970's. Board of Adjustment Page 11 03/23/00 Kathy Weiss 4370 Moore Street Ms. Weiss was sworn in by Chair HOWARD. She presented a petition containing signatures from the surrounding neighbors who were in favor of the application. Upon a motion by Board Member MAURO and second by Board Member BROWN, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the Board of Adjustment Application Case No. TUP-00-02 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-00- 02 be, and hereby is, approved. For the following reasons: 1. There were no complaints registered against last year's TUP. 2. The intent of the applicant was to operate on a two-year basis, and this would be the second test year in that plan. 3. Plans do indicate a future property purchase if all goes well. With the following conditions: 1. The site will be operated, as the site plan has indicated on March 23, 2000. If needed, plywood noise barriers will be erected on the refrigeration unit and painted to match. 2. The hours of operation will be the same as last year: the unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night, including weekends and during Sunday services for the church across the street. 3. The TUP shall last from April 1, 2000 to March 31, 2001. The motion carried by a vote of 6-0 with Board Member ABBOTT absent. Chair HOWARD advised the applicant that her application was granted. D. Case No. WA-00-03: An application filed by Daniel Grantham for approval of a 12-foot side yard setback variance from the 15-yard side yard setback requirement for the purpose of Board of Adjustment Page 12 03/23/00 CITY COUNCIL MINUTES: February 26, 2001 Page - 4 - 7. All changes in grammar, spelling, syntax and paragraph heading and organization, as prepared by the City Attorney and certified by him as editorial in nature and not substantive. 8. Amend the Table of Uses chart. for Agricultural and Public Facilities zone districts by amending the "Roadside stands" use (page 61) as follows: "Roadside stands for operation for not more than 6 months per year for the sale of farm products, bedding plants, and landscape and garden accessories not to include bulk materials produeed or made an the premises.' This use description shall be effective until April 16, 2001, at which time this use description shall revert to the following: "Roadside stands for operation for not more than 6 months per year for the sale of farm products produced or made on the premises." Provided however, that any such use in existence in the A-1 District as of April 16, 2001 shall remain lawful during the pendency of an application for rezoning, which application was filed and accepted as of April 16, 2001, to a zone district which would permit the continuation of such use; seconded by Mr. DiTullio. Motion by Mrs. Shaver to send' amendment 5 to the City Affairs Committee for further discussion; seconded by Ms. Figlus; tied 4-4 with Councilmembers Siler, Shaver, Figlus, and Worth voting yes. Mayor broke the tie by voting no. Motion failed 5-44. Motion by Mrs. Worth to send amendment 6 to the City Affairs Committee for further discussion; seconded by Ms. Figlus; tied 4-4 with Councilmembers Hanley, Edwards, DiTullio, and Mancinelli voting no. Mayor broke the tie by voting yes. Motion carried 5-4. Motion by Mrs. Worth that variances shall be the responsibility of the Board of Adjustment; requests for variance shall be acted upon by such Board following their proper procedures for posting, publishing and public hearing; no variance shall exceed 10%; seconded by Ms. Figlus. Motion by Ms. Figlus to postpone this to the next City Affairs Committee meeting; seconded by Mrs. Shaver; failed 5-3 with Councilmembers Shaver, Figlus, and Worth voting yes. Mrs. Worth motion failed 7-1 with Mrs. Worth voting yes. Motion by Mr. Siler to amend Chapter 26 in that portion that refers to Hotels in the C-1 Zoning to read "that hotels be permitted as a permitted use for a period of 6 months starting March 16, 2001; thereafter Hotels will be a Special Use"; seconded by Mr. Hanley. EXHIBIT 5 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 August 1, 2002 Dear Property Owner: This is to inform you that Case No. WZ-01-02 which is a request for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on August 15, 2002 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303-235-2846 if you have any questions or desire to review any plans. Thank you. Planning Division. cA...\kathyf\My Documents\ Cathy\PCRPTS\PLANOCOM\Pcnotice\2001\WZ0102 a d N C d ~ d ~ ~ ~ Q Cf Q 'w p p ~ Z W ~ NI V ~ N a .U ~ V p K 01 > a O` j o N ~ 1 N y N w - A'a O a 0 U N " L p N 6a c N p q w _ # O O O O O O O O O N C a - d X N L m w A O ~NOV O ONI CONI O O Z O z CONI CONI Q N ° r 5 Zi 5 5 ~ i i 5 5 d u L O {Q d a b M C M p 'O O J N M C O N M J O G W N O N TN O d W O j °m O m ~ N~'O N N N A..%W M (nO J..:w O d N no 0 >,00 mL0 ymm _ mtnw pm0 wcW md0 Ql d N Q C O IL=U ' 00 U vU p O C UO N pU <n O 'c pU N v` U'Y.o O-rn 0 Zorn rn Q>> UYO NO m tea Um O~rn W a Q O r~na c'y0-p O>a so N Qm d ou'a- yZ t0 cLM~ M N 10 6'- N N 3 N N py N M R cL N N i p L W N N 00 N rG r Z N > m U d 0 M M N J t p N M Z Q M L C N 0 c= g ~ : ^J v v m N o N ~ Q 3 c p N^ t m U ~ Q v s a 3 0 ~ z 3 a a p d w E 10 a) mw 0 y - K sU 00Zt E N n n n ~ ° n o v ~ n r r n r n r n r r r r r W O e ~ Q v v v v `O ~ v a v v v v tO ~ v a v a V O o m m m m m m _ 0 00 ~ rn m m , \ M M M M m M M M [m'l W V ] C H 9 Q Q W ZO n n n n n n r N O Q Z a } O W z V ti ~ a ~I a v c v O m ~ a C U c d N c a ~ a a N U a ~ O O R R Z NI d K C 7 - a I \ J l d' d K sw O N R R~ O E o a O L 0 O jp O O C N O N d a X U R'O N R R U O ^I S Q ~ ~ £ S u 0 O N ao G E a C N 0 R N O O ~ t0 N d ti R E s ro E ~w m a in z Y d m y a a ° c O _ R'o as- m R N J N 5 _ V ~ ~ R R .p J d 2 C n N ay~N a Q N O r a O N U~ ~U c~i~LLW E ❑ ❑ 11 ® ❑ ❑ z d n u W p a v O o ~ D O d W O E o V z aa w o o > _ Cl) N 0 3: a z a a W Z _ U n ~ a ro A N O O. W oA N O E R z h R a y a° m a Ki m U 0. 0 d E z U F O v c m ur T .n a U w N m C. 0 z H wz-04x-Dw/&d&v • MetroScan / Jefferson Owner :Olson Larry G Site :10600 W 44Th Ave Wheat Ridge 80033 Mail :11556 W Kentucky Dr Lakewood Co 80226 Use :1112 Res,Improved Land Bedrm:2 Bath:1.75 TotRm: YB:1945 Pool: MetroScan / Jefferson Owner :Fritzler Robert D Site :4655 Miller St Wheat Ridge 80033 Mail :4655 Miller St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Bedrm: Bath:1.00 TotRm: YB:1950 Pool: MetroScan / Jefferson Owner :Jones Daniel M/Nancy E Site :10509 W 44Th Ave Wheat Ridge 80033 Mail :4450 Moore Ct Wheat Ridge Co 80033 Use :1112 Res,Improved-Land Bedrm:l Bath:1.75 TotRm: YB:1929 Pool: * • MetroScan / Jefferson Owner :Gerard Sharon A Site :10403 W 44Th Ave Wheat Ridge 80033 Mail :10852 W 44Th Ave Wheat Ridge Co 80033 Use :1112 Res,Improved Land Bedrm:2 Bath:1.00 TotRm: YB:1929 Pool: MetroScan / Jefferson Owner :Mueller Mark C Site :4380 Moore St Wheat Ridge 80033 Mail :7000 Kipling St Arvada Co 80004 Use :5112 Res,Apartments,Improved Land Bedrm: - Bath: TotRm:l YB:1971 Pool: * • MetroScan / Jefferson Owner :Newgate Associates Ltd - Site :104.00 W 44Th Ave Wheat Ridge 80033 Mail :1780 S Bellaire St #200 Denver Co 80222 Use :5112 Res,Apartments,Improved Land Bedrm: Bath: TotRm:15 YB:1974 Pool: * • MetroScan / Jefferson Owner :Mcfarlin Christopher G/L R Site :4375 Moore St Wheat Ridge 80033 Mail :4375 Moore St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: YB:1954 Pool: * • MetroScan / Jefferson Owner :Aiello Lisa C Site :*No Site Address* Mail :6364 Newland St Arvada Co 80003 Use :1111 Vacant,Residential Bedrm: Bath: TotRm: YB: Pool: * • MetroScan / Jefferson Owner :Lee Scott A/Denise L Site :4373 Moore St Wheat Ridge 80033 Mail :4373 Moore St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Bedrm:l Bath:1.00 TotRm: YB:1954 Pool: 0-/ Y~A "vim _ /0 (CO) : Parcel :042745 Xfered :02/10/1992 Price :$5,000 Phone :303-986-6653 131dgSF:1,079 Ac: (CO) : Parcel :042757 Xfered :08/12/1974 Price :$25,500 Phone :303-423-6732 B1dgSF:1,062 Ac: (CO) Parcel :042780 Xfered :11/09/1998 Price Phone B1dgSF:930 Ac:.80 (CO) : Parcel :042949 Xfered :12/21/1995 Price :$140,000 Full Phone B1dgSF:1,232 Ac:1.31 (CO) : Parcel :043689 Xfered :01/15/1990 Price Phone B1dgSF:5,238 Ac:.34 (CO) Parcel :043862 Xfered :02/05/1991 Price :$5,300,000 Phone B1dgSF:221,352 Ac:15.13 (CO) : Parcel :043914 Xfered :03/12/1999 Price Phone B1dgSF:1,819 Ac:.18 (CO) : Parcel :195042 Xfered :11/26/2001 Price :$80,000 Full Phone :303-940-0974 B1dgSF: Ac: (CO) : Parcel :201438 Xfered :04/16/1999 Price :$131,330 Full Phone :303-467-9860 B1dgSF:1,325 Ac:.25 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. : MetroScan / Jefferson (CO) : - `Owner :Simmons Lee M Parcel :089431 Site :4340 Moore St Wheat Ridge 80033 Xfered :08/28/1990 Mail :2724 S 14Th St Lincoln NE 68502 Price Use :5112 Res,Apartments,Improved Land Phone :402-420-1855 Bedrm: Bath: TotRm:l YB:1961 Pool: B1dgSF:10,634 Ac:.68 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. 12)O) 90.1 201-208 W 13 'r 9 012 as I-B 41 ,r-Pm~ h W to ° a13 I 2 BLDG 6 8 149 5 c I lot- to: 2xoi . I-A O R. I ILL GARRAMONE GARDE 201-208 I, I` 84 I~ 01 lot- BLDG 7 IOS ~ 1 0 001 . ® 1 41Y 201-208 01-OB ~ 5 MINOR SUB. -A . IS O 023 ' ® 1 BLDG B 101-106 Og IB 013 / ✓ m 128 1 201-20B II] - 24 I/ • 022 135 I -47 I'A 4 1 IIA ICRY 4i WXE1T 9912 0 6® 9 II 1 CITE OF WRfAT RU4f s4NlIO L 1 , G -L - - _5 -S- ~ W. - _ _ _ - 44 th Avenu6 1 f ien9no4 74 2 _ ® ® I 9 oze ~ o3z ool J I I w W - 1 as w ® ~ ® 2-4• _ ee "S « / IB 11 V O On ® B oAl L a - SUB 122 ti ® 039 003 0 SEE L<9 k~ $ 4 0 H ® O MAP a40 ~ Ine' 39-211A 149 our 9w. - ton B,n 120 ® 048 j WEE MAP 39-211A 42 Wf9T [01y4, I ' 118 „ 7 029 04] ~4• 1® i NEWGATE IN WHEAT RIDGE SUB. N _2 3 ONYX (/rye 030 /Adjoining 39- 214 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on August 15, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. SUP-02-01: An application filed by Galloway, Romero & Associates for King Soopers for approval of a Special Use Permit for properties zoned Commercial-One (C-1) and located at 3817 Sheridan Boulevard, 5395 West 38s Avenue and 5201 West 38th Avenue. Said properties are legally described as follows: A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST'/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A POINT 30.00 FEET NORTHERLY AND 141.00 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID SECTION 24, SAID POINT BEING RECORDED IN BOOK 1992 AT PAGE 365, SAID POINT ALSO FALLING ON THE NORTHERLY RIGHT-OF-WAY OF WEST 38TH AVE; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST A DISTANCE OF 135.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF 101.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SHERIDAN BOULEVARD; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 363.00 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 140.94 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST A DISTANCE OF 54.00 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 150.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST A DISTANCE OF 55.40 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF WEST 40TH AVENUE; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST ALONG THE SAID SOUTHERLY RIGHT- OF-WAY LINE A DISTANCE OF 30.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST A DISTANCE OF 137.40 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 200.57 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST, A DISTANCE OF 40.65 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 100.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST A DISTANCE OF 429.35 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF WEST 38TH AVENUE; THENCE SOUTH 89 DEGREES 44 MINUTES 00 SECONDS EAST ALONG THE SAID NORTHELY RIGHT-OF- WAY LINE A DISTANCE OF 521.18 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A TRACT OF LAND LYING IN THE SE'/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL.MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS: A PORTION OF THOSE LANDS AS DESCRIBED AT RECEPTION NUMBER F0213388 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DECRIBED AS: COMMENCING AT A SOUTHEAST CORNER OF SAID SE /4 OF SECTION 24, WHENCE THE SW CORNER BEARS S89°59'58"W, A DISTANCE OF 2648.15 FEET; THENCE S89°59'58"W, ON AND ALONG THE SOUTH LINE OFA SAID SE'/4 OF SECTION 24, A DISTANCE OF 141.15 FEET; THENCE N00°00'02"W, A DISTANCE OF 30.00 FEET TO A POINT, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE, AND ALSO BEING THE SOUTHWEST CORNER OF THE PARCEL OF REAL PROPERTY FOUND AT RECEPTION NUMBER F0213388, AS RECORDED IN THE OFFICIAL RECORDS OF SAID COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE NO0°17'25"W ON AND ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 22.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON A BEARING OF N00°17'25"W, ON AND ALONG SAID WEST LINE, A DISTANCE OF 112.47 FEET; THENCE S89059'28"E ON AND ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 75.36 FEET; THENCE S00018'31"E, A DISTANCE OF 74.48 FEET; THENCE S89°34'39"W, A DISTANCE OF 14.26 FEET; THENCE S44045'25"W, A DISTANCE OF 23.49 FEET; THENCE S00°35'46"E, A DISTANCE OF 21.20 FEET; THENCE N89°59'47"W, A DISTANCE OF 44.61 FEET TO THE POINT OF BEGINNING. Case No. WZ-01-02: An application filed by Lisa Aiello for the Green Goddess for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a preliminary and final development plan for property located at 10590 West 44th Avenue. Said property is legally described as follows: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44th Avenue as monumented by the City of Wheat Ridge, Colorado. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: August 1, 2002 GREET GODDESS PLANNED COMME PRELIMINARY AND AN OFFICIAL DEVELOPMENT PLAN II` LOT 19, JAYL A PARCEL OF LAND IN THE E1 RANGE 69 WES1 CITY OF WHEAT RIDGE, COUNTY SHI LEGAL DESCRIPTION: LOT 19 JAYLARRY SUBDIVISION COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT ANY PORTION LYING WITHIN THE SOUTHERLY 33 FEET ADJACENT TO THE CENTERLINE OF WEST 44TH AVENUE AS MONUMENTED BY THE CITY OF WHEAT RIDGE, COLORADO. PREPARED BY RUDD & ASSOCIATES ARCHITECTS 13050 W. 43rd DRIVE SUITE 200 WHEAT RIDGE, CO. 80403 303-278-6889 FUTURA ENGINEERING INC. 12741 EAST CALEY AVENUE, SUITE 126 ENGLEWOOD, CO. 60111 CONTACT: TOM RYAN 303-649-9292 303-649-9499 FAX OWNER: LISA AIELLO 10590 W. 44th AVE. WHEAT RIDGE, CO. 80033 MODIFY SIDEWALK TO TO COMPLY WITH CITY OF W RIDGE STANDARDS r NEW CURB AND GUTTER WITH COMBINATION 4'-0" WIDE SIDEWALK. REMOVE AND PATCH BACK 1'-0" OF EXISTING ASPHALT PAVING ZONE R-3 W W H N 'IBLE SIGN Lu 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 July 30, 2002 Lisa Aiello The Green Goddess 6364 Newland St. Arvada, CO 80003 Dear Ms. Aiello: The City of Wheat Ridge This letter is to confirm that your application for a zone change from A-1 to PCD for property located at 10590 West 44`h Ave has been scheduled for public hearing before Planning Commission on August 15, 2002. There are a few minor modifications to the plan set that are needed prior to printing the copies to be attached to the staff report. These items are as follows: The monument sign is shown as being in the sight triangle. The sight triangle extends a distance of 25 feet along Moore St. and 55 feet along W. 44th Ave. The sign should be moved farther to the east to be located outside of the triangle. Additionally, per the sign regulations signs 7 feet in height or more require a 10 foot setback from the right-of-way. The total height of the proposed sign is over 7 feet and is only shown with a five foot setback. 2. It would be best to delete item #2 under the Outdoor Display Area Criteria heading on page 2. It is confusing in that it conflicts with the criteria of display areas outside the fence being within 10 feet of the building. The criteria for display within 10 feet of the building is the preferred way to address it since that language is compatible with the City's code requirement. 3. The ground cover to be used under the trees along the eastern property line needs to be labeled. 4. Please correct the numbering under the heading of Open Space and Landscaping on page 2. 5. The City's code requires screening of parking areas when they are positioned between the building and the street right-of-way. Please add some shrubery or small berms in these areas. 6. Some of the site data needs re-calculation. The "Outdoor Sales Area" should not be a sub- heading under "Landscape". It would be more clear to re-title it "Outdoor Display Area" and include with sub-headings what is inside the fence and what is outside the fence adjacent to the building. Area for hardscaping such as sidewalks can be included as paved area with parking and driveways. The total landscaped area then needs to account for at least 20% of the site, with no more than 20% of that landscaped area in non-living material. Public Works Department: 1. See attached memo from Michael Garcia, Development Review Engineer. In order to proceed with the hearing on August 15th, please submit eighteen (18) full-size sets (pages 1-3 of the PCD document) and one set of 11 "x17" reductions by Thursday morning, August 8, 2002. If you have any questions, please call me at 303-235-2852. Sincerely, Mary Austin, AICP Planner, Planning & Development cc: Mike Rudd, Rudd & Associates Architects Project File 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 June 13, 2002 Mr. Thomas Ryan, P.E. Futura Engineering Inc. 12741 E. Caley Avenue Suite 126 Englewood, Colorado 80111 Re: Greeen Goddess Garden Center - Second Review Comments of Final Drainage Study, Grading & Erosion Control Plan, and Final Plat Dear Mr. Ryan, I have completed the second review of the above referenced documents for the Green Goddess Garden Center received on May 26, 2002, and have the following comments: Drainage Report/Plan Approved Street Plans/Final Development Plan 1. City requires a minimum of a 2' patchback for the new curb and gutter. Please correct note on all applicable sheets to reflect the change from a 1' patchback to 2' patchback. Traffic Engineer No comments at this time. Traffic Planner A copy of the Street construction plans has been forwarded to the City's Traffic Engineer, Mr. Dave Mentor, 303-235-2866 for review and has the following requirements: 1. Public Works Department has recently re-evaluated the streetscape escrow requirements noted to the developer (in the memo of 11/7/01) and will NOT require escrow money. Subdivision Improvement Agreement A Subdivision Improvement Agreement will need to be executed by the project owner/developer. Application for Minor Dumping/Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping/Landfill Permit, along with fees due will need to be submitted for review and approval. Public Improvements Cost Estimate & Guarantee Prior to any construction commencing for the required public improvements within the Moore Street right-of-way, an itemized engineer's cost estimate will need to be submitted for review and approval. Upon acceptance of this estimate, a letter of credit reflecting total costs of the approved cost estimate plus 250, will need to be submitted by the owner/developer for review and approval. Right-of-Way Construction Permit(s)/Licensing Prior to any construction of the public improvements, the necessary right-of-way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red-lined prints with the third submittal. If you have any questions, please contact me at 303-235-2868. Sincerely, Michael Garcia Development Review Engineer cc: Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Dave Mentor, Traffic Planner Mary Austin, Planner File(3) 10590 w.44th review2.1tr The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 WHEAT - GNh e at City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRid e April 25, 2002 Ms. Lisa Aiello The Green Goddess 6364 Newland Street Arvada, CO 80003 Dear Ms. Aiello: This letter is in reply to your telephone message to me concerning the status of your rezoning application. Your message seemed to indicate that you would not be providing the necessary information to move this application forward any time soon. When City Council adopted the new zoning Code in February of 2001, a provision was made to enable your business to operate last summer if a rezoning application was submitted prior to April 16, 2001. While we received your application prior to that date, the application was not complete. Revisions to the development plan have been requested and we have received no response. We received the required drainage report on September 27, 2001 and sent back comments in November 2001. We have not received any response to these comments, other than your message to me that you don't have the money to pay the engineer. It has been over one year since your application was submitted. Council's action last year was not intended to permit your business to operate in its present condition indefinitely. You will need to respond to our review comments and provide the required additional information by May 24, 2002. If the information is not provided by that date, your rezoning application will be considered withdrawn and no further processing will be undertaken. Without an application in process, the provision the City Council enacted last year will no longer apply to your business and the regulations of the Agriculture-1 (A-1) zone district will apply. The A-1 zone district does not permit the type of business you have operated on the premises for the past three years. Conducting a business in violation of the A-1 zone district regulations will result in code enforcement action by the City. Sincerely, A Alan C. White, AICP Planning and Development Director C~ RECYCLED PAPER April 15, 2002 Alan C. White I Director, planning & Development Dept. ? City of Wheat Ridge ' t-~ Dear Mr. White, In response to your letter dated April 12, 2002, I wish to inform you that it is still my intent to continue with the zoning application for the property located at 10590 W 44`3 Ave. I have met with my architect, Mike Rudd, numerous times since receiving the initial review comments from your office. I believe we have final plans ready that address all of the concerns from the initial review. Unfortunately, the hold up is with the civil engineering report. There were some significant changes made to the original site plan, therefore most of the work from Futura Engineering, has to be redone. After speaking with Mr. Rudd yesterday, he said he would be more than happy to send over the final architectural plans for your office to start reviewing if that would be helpful. I have a feeling that you would rather receive the final plan in a completed form, but a copy of the final plan would provide some documentation as to the progress of my application. For the record, six months ago I did purchase this property and I have every intention of working with your department and the city in order to get the zone change. I am trying to contact Futura in order to get a timeline from them and I hope to know something by the end of this week. I will call your office as soon as I hear from them. If you need any more information from me, or wish to see the plans from Mr. Rudd, please call me at 303-726-2995. Sin ely~ Lisa Aiello Owner, The Green Goddess cc. Mary Austin, Planner 7500 West 29th Avenue Wheat Ridge, Colorado 80215 The City of Telephone 303/ 235-2846 FAX 303/235-2857 Wheat April 12, 2002 Lisa Aiello The Green Goddess 6364 Newland St. Arvada, CO 80003 Dear Ms. Aiello: This letter is in regard to your submitted application for a zone change from A-1 to PCD for property located at 10590 West 44' Ave. City Council action on February 26, 2001 allowed the temporary use of a retail garden center and fresh produce market to continue on the property during the pendency of an application for rezoning. The City is concerned that since the initial application was submitted on April 16, 2001, nearly one year ago, little activity has taken place on moving the application forward. After the drainage report and plan were received, the initial review comments were completed and sent out on November 14, 2001. It was brought to the attention of City staff at that time that your consultant was to begin working on the design for the building in order to meet the requirements of a final development plan. Several months have passed and no resubmittal of the rezoning documents has been received. Please respond in writing to the Planning & Development Department regarding the status of this project, your intent to continue with the application, and an expected timeline for completion of outstanding issues. XC4 Alan C. White, AICP Director, Planning & Development Department cc: Randy Young, City Manager Project File 11 - 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 235-2846 DATE: October 1, 2001 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for a Zone Change and Approval of a Preliminary & Final Development Plan for the property described below. Your written response regarding any comments on this proposal would be appreciated by October 19th. 2001 . No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-01-02 LOCATION: 10590 West 44"' Ave. REQUESTED ACTION: Zone Change from A-1 to PCD, Preliminary& Final Development Plan. PURPOSE: Approval of a zone change and associated preliminary and final development plan is required to develop the site with a retail garden center and fresh produce market. APPROXIMATE AREA: 24,939 square feet (0.57 acres) Issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. The availability of service lines to the development. The adequacy of capacities to service the development. The ability to provide service to this proposed development subject to your agency's rules and regulations. Specific easements that are needed on this or any other document. Any comments which would affect approval of this request by your agency. Please reply to: Mary Austin, Planner Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XXX Water District (Valley) XXX Sanitation District (Fruitdalc) XXX Fire District (Arvada) Adjacent City XXX Excel Energy XXX Qwest Communications State Land Use Commission State Geological Survey XXX Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. XXX XXX XXX XXX XXX XXX XXX Jeffco Health Department Jeffco Schools Jeffco Commissioners AT&T Broadband WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" SE 16 N Z ~ ~ s s g • ~ N - "s 4l'I f s i g s s R 2 L M E 5E 21 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 21 0 100 200 3W 400 Fce * DEPAMMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 v V i LAND USE CASE PROCESSING APPLICATION , 1T' Planning and Development Department i 7500 West 291h Avenue. Wheat Ridge. CO 80033 J= ^o.oaApo Phone (303) 235-2846 ` (Please print or type all information) Applicant kl%5 C • Arff11D Address (2,/j,y 15ftI:itonct .5+ Phone 36S C4 40 ~R f~{ City a aAdjlto~ State 6D - Zip _ Fax 3X33 - Z-,Fg3 Owner ~,CV%fv~ t ~~5t Address 11 95(p 1ltJ , ~P yl C Phone Ko- ('p(oc~ 3 City dAICf.L-0C L State CD Zip r/bLZ<v Fax -c coil Contact Addresses C,.~tr~ Phone3b3 -7Z&°Zq 61 City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when neccessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) ' ~~M 6 k ~Ct &S tA y1,G ~ G Location of request (address): ( b5qD 4 Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side / Change of zone or zone conditions ❑ Special Use Permit ❑ Conditional Use Permit ❑ Subdivision: Minor (5 lots or less) ❑ Consolidation Plat ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Preliminary ❑ Final ❑ Interpretation of Code ' ❑ Street Vacation ❑ Lot Line Adjustment ❑ Temporary Use, Building, Sign ❑ Nonconforming Use Change ❑ Variance / Waiver (from Section 1 ❑ Planned Building Group ❑ Zoning Ordinance Amendment ❑ Site Development Plan approval ❑ Other: D eta iled description of the request: CAC4Q-d fo&i- Required information: _ Assessors Parcel Number: Size' of Lot (acres or square footage}. 3 Current Zoning: A -1 Proposed Zoning: Q(~b Current use: r ' #z-wl s Proposed use: djz n k-'-- - see-.i4ew-Lee I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in f iling this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action c i ully be accomplished. A plicants other than owners must submit power-of-attorney from the owner whic tiorLpn is e, If ~ Signatur~2i+fl < Subscribed and sworn to me this Aotl day of. t~ 209& • ; rn Q Q- bk~~S N~yt.'OuB~~GPPO° Notary Public M s • y commission expire Date receimy p~ e1 Receipt No L° 0905' Case No tiiZ-01-©A Comp Plan Desig. Zoning fi Quarter Section Map FEW Related Case No. Pre-App Mtg Date Case Manager -XIK I am requesting a zone change from A-1 to a Planned Commercial Development for the property at 10590 W 44"' Ave. My intent is to operate a retail garden center and fresh produce market at this site on a permanent basis. The following is a list of other acceptable uses for the proposed PCD: Animal veterinary hospitals or clinics • Antique stores • Apparel and accessory stores Art galleries or studios • Bakeries, retail • Banks, loan and finance offices Bicycle stores • Blueprinting, photostatic copying and other similar reproduction services • Book stores, newsstands, stationery and card stores • Business machine or computer stores • Camera and photographic service and supply stores • Candy, nut and confectionery stores • Clinics and offices for the counseling and treatment of psychological, social, marital, developmental or similar conditions • Community buildings • Dairy products stores • Floral shops Garden supplies stores • Gift, novelty or souvenir stores • Government and quasi-governmental buildings and offices, fire stations or public utility buildings • Greenhouses and landscape nurseries, retail • Hair, nail and cosmetic services • Hardware stores • Hobby and craft stores • Interior decorating shops • Jewelry stores • Laundries and dry cleaning shops • Laundry and dry cleaning pick-up stations • Locksmith shops • Meat, poultry or seafood stores Medical and dental offices, clinics or laboratories • Music stores • Office supply stores • Offices: General administrative, business and professional offices • Optical stores • Paint and wallpaper stores • Pharmacies • Picture framing shops • Shoe repair shops • Shoe stores • Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises Sporting goods stores • Studio for professional work or teaching of fine arts, photography, music, drama or dance Television, radio, small appliance repair and service shops • Temporary Christmas tree, produce and bedding plant sales lots • Toy stores Watch and jewelry repair shops F E B- 2 G-01 M O N 2 2: 4 4 S i l, a r s l¢ E e F o o tl s I n c M1✓ v ardod g o'clock _ M., plion No. PERSONAL REYRESENTATIVES DEED . (lks'tate:Estate) THIS DEED is made by P 0 1 RECEPTION NO. eiL Mn4b4 11/13/41 9:30 5.01 pccnrd RECORDED IN COUNTY OF JEFFERSON I STATE OF COLORADO ~a n On- a Personal Rcpmsentative of the Estate of _ Adaip Olson aka Adilie , t57E4a7k7dIC8'nQNSa', 71iiLJR+1-_^ L i ..i ae c~l ('Y t r ~,y T - on^ , Granite, y n ggnn ~556 w x tuck ' whoscLa kewoodlsCal 11 rado 80226 t~1p>r~ of the *County of 7ef£,g+-sop and state of colorad0 WHEREAS, the Last Will and Ustament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated +Tanuag}r 22 , 19 -611 , which Wit] was duly admitted to *flan rbp(informal) probate on June 24 '19 91 by the -n isJ=i-at Court in and for the i County of Teffer~,fZp State of Colorado, Probate No. 01 PR S 4 A , WHEREAS, Grantor was duly appointed Personal Representative of said Estate on Trine 9.4 19 91 and is now qualified and acting in said capacity, NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does ,~i,, _ _ hereby sell, convoy, assign, transfer and set over unto said Gramm (~~adtaxaaixni v' mCanlt~atCarrmst w `-4t (As the person entitled to distribution of the property in the ahovecapdoncd Will)** the following described real property situate in the County of 7pf feT.Rnn State of Colorado asz Lot Nineteen (19) of Jaylarry Subdivision and Lot One (1) of Arvada Acres Subdivision also known by street and number as, with all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes p5 iWlfrrcp3 XZ2LZp rMigW"off and assessments, if any. As used heroin, the singular includes the plural and the plural the singular, Executed -lK-/J1LG1s h ,C , 19 V I •'YMAM C AA-1/1/.40 o-Personal Representat3.ve I CO- Nuonal RcPrcuenlaUra at the trmte ar k a azce Addie Elizabeth Olson STATE OF COLORADO es. COUNTY OF..~Te fprscon The foregoing instrument was acxnowtc by T~hn Haul Olson and LI YaPersonal Represontativc of the Estate of Witness my hand and official scat, My •Ir in Danvaa intc0lj' IXAKd' l:, : Q. ''Strike an raauiiEJ±«.. Lds--•tii+.' (PC46. Rev. 11-87, , Mimed( l- f Nmerr nu0ue 1 net vm.m S., ncnror.CU ~u13V3 Onb 191t50a -bW V`117' 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Telephone 303/ 235-2846 FAX 303/235-2857 The City of Wheat Ridge November 14, 2001 Lisa Aiello The Green Goddess 6364 Newland St. Arvada, CO 80003 Dear Ms. Aiello: This letter is in regard to your submitted application for a zone change from A-1 to PCD for property located at 10590 West 44`h Ave. The plans were referred to internal City Departments and outside agencies as part of the development review process. Following is a compiled list of comments submitted by these agencies. Planning & Development Department: General Comments a. In the title of the document, under the line "Planned Commercial Development" please add: Preliminary and Final Development Plan. b. In the last line under Owner Certification, the referenced section should be as follows: section 26-121 of Article I of the Wheat Ridge Code of Laws. C. The Surveyor's Certificate needs to be added to the first page of the document. d. The owner cannot notarize her own signature. The name of the owner "Lisa Aiello" should be deleted from under the signature line for the notary public. e. Since we are nearing the end of the year, it would be best to replace the "01" of the year 2001 with a blank line for each certification with a date. f There are no previous land use case numbers involving this property, therefore, the Case History area can be removed. g. A statement needs to be added to the document stating that no portion of the property is located within the 100-year flood plain. h. A drainage report has already been submitted. Therefore, on sheet 2 of the document, please eliminate the Drainage heading and the statement underneath. i. The note regarding the trash container on sheet 2 needs to include information regarding the materials to be used for the doors on the enclosure. Additionally, the location of the trash enclosure must be shown on the site plan. The trash enclosure may not displace required parking or landscaping. j. The site plan sheet needs to include a Development Schedule. This should include the anticipated date of commencement of construction, anticipated date of completion, a statement that the project will be developed in a single phase, a statement that the temporary garden center currently in operation will be permitted to continue until the site development commences according to the development schedule. k. The site data table needs to include the following additional information: outdoor display area, sq. ft. and total # of parking spaces provided; building height. The "gross floor area maximum at .45 FAR" under C. Site Data should be removed as it is unnecessary and conflicts with the maximum building coverage. in. It is recommended that the proposed regulation for minimum rear yard setback be reduced from 30 feet to "10 feet for a one-story building and an additional 5 feet for each additional story". The site as currently designed with a greater rear yard setback is fine. n. The "Statement of Proposed Zoning" is not necessary for this document. Instead, the document needs to include 1) ownership/unified control statement and 2) character of development statement. The ownership/unified control statement should include a list of all owners of real property in the development, anticipated fixture ownership character (i.e. single ownership, partnership), proposed manner of maintaining unified control throughout the planning, development, use, operation and continued maintenance of the planned development. The character of development statement is a written description of the general character of the development and the objectives to be achieved by the particular development concept being proposed. The statement should include the manner in which the development meets or exceeds the intent of the Planned Development District, the proposed architectural and site design concepts, building materials, specific concepts for transitioning from existing adjacent development, specific concepts for the use and landscaping of all public and private open areas. The statement should be clear and concise so that reviewing authorities can better understand the proposed development concept. 2. Proposed Uses a. The list of proposed uses which is now on a separate sheet of paper needs to be added to the PCD document. b. The following changes in bold should be made to the use list: - Animal veterinary hospitals or clinics with no outside runs - Delete: Banks, loan and Ettaftee offiees -Delete: - Delete: - Greenhouses nurseries, and landseape retail including the sale of seasonal items - Delete: - Delete: Shops for ettstam work or for tnaking artieles, materials, • - Delete: C. The following additional regulations should be added under a separate heading: - No bulk storage allowed. - Outdoor display areas are permitted as identified on this plan for this operation only - The amount of building space devoted to retail use is limited to 5,000 square feet. d. Storage sheds are not permitted in any of the City's commercial zoning districts. Listing storage sheds as an accessory use should be eliminated. Listing the other items as accessory uses is not necessary. "Accessory Uses" can eliminated. e. Items #1-5 under B. Proposed Uses should be eliminated. The permitted uses will be addressed by adding the list of uses. Beyond that list, which is most consistent with the Restricted Commercial zoning district, it is highly unlikely that storage sheds or telecommunication facilities would receive approval. f "Temporary Uses" on page 2 should state that the temporary construction and office trailers must be removed from the site prior to issuance of a certificate of occupancy. 3. Outdoor Display a. The areas to be used for outdoor display of merchandise for sale need to be specifically shown and labeled on the site plan and the landscape plan. b. The regulation for display area should be titled K. Outdoor Display Area Criteria. The rest of the title "Outside of Building and Proposed Fence Area" should be removed. The criteria should apply to all outdoor display. C. Since the garden center operation will be selling items not manufactured on site, item #1, under K. Display Area Criteria, should be removed. d. The area for display appears to larger than the 5% of the site proposed in item #3. Make sure that the regulation permits what is being proposed for the site. C. Please correct #6 to state that the height of displayed items shall not exceed 6 feet. Item #7 is not consistent with City regulations. Please correct it to state that "Display shall occur within 10 feet of the building or within the fenced area." g. Since the bulk of the display area will occur within the fence, item #8 should be removed. h. Please clarify the types of signs proposed for the display area. Indicate size limitations. What about pricing information? 4. Building Elevations a. As part of the final development plan, elevations and perspective drawings of all proposed structures are required. These elevations should be incorporated into the document and should indicate architectural style, color and building materials. 5. Parking/Circulation a. Based on the size of the required parking, one handicap parking space needs to be provided. The minimum width of the space shall be 8 %2 feet with an adjacent van accessible aisle which is a minimum of 8 feet in width. The space shall have a minimum length of 18 feet. The handicap space shall be marked with the handicap symbol painted on the pavement and a freestanding sign using the standard uniform words and/or symbols. Said space and accessible aisle needs to be identified on the site plan. It should be located as near the entrance as practically possible and designed so that circulation between the vehicle and the entrance does not involve crossing any area used for vehicular circulation. b. The minimum size for parking spaces is 8 %z feet in width by 18 feet in length. Please show this dimension on one of the parking spaces to make it clear that they are meeting the minimum size. Also, please add dimensions for the driveway entrances and drive aisles behind the parking spaces. C. The section regulating parking lot setbacks is not necessary and can be eliminated. The site as currently designed does not meet these proposed setbacks from property lines anyway. d. Please indicate whether or not off-street loading space is deemed necessary for the business. Loading is not permitted to occur from any public street, major interior drive, nor occupy or intrude into any fire lane or required parking spaces. Please clarify the manner in which delivery of materials and merchandise will be handled. e. Corner lots are not permitted to have vehicular entrances or exits located closer than 25 feet from any two intersecting street right-of-way. The driveway closest to W. 44th Ave. does not meet this distance requirement. f Vehicle entrances or exits on the same lot must be spaced at a minimum of 100 foot intervals, measured from the interior edge of both access points. The spacing between the two proposed driveways on Moore St. does not meet this separation requirement. g. The public improvements to be provided with this development along Moore St., such as curb, gutter and sidewalk, need to be clearly indicated on the site plan. h. For simplicity, the Parking regulation under C. Site Data on page 2 should merely state "Off-street parking and loading requirements will adhere to the Wheat Ridge Code of Laws Section 26-501: Off-Street Parking Requirements." Repeating some of the requirements in items 1-5 is unnecessary and should be removed. 6. Landscaping a. The amount of non-living landscaping is limited to a maximum of 20% of the total landscaped area. The site data table indicates the proposed amount of non-living landscape at 40%. It appears that the gravel area within the fence, that is part of the garden center operation, is being counted as non-living landscape. It would be best to calculate that area, subtract that amount from the landscaped area, title it as outdoor sales area, and list it separately in the site data table. With that area calculated and listed by itself, it appears that the site would still meet the City's requirement of 20% total lot landscaped. b. A landscaping legend is needed listing the proposed plant materials by both common and botanical name. The legend should also include quantity and size information for the specimens. C. Since this is a Final Development Plan, all proposed landscape material needs to be known and reflected on the landscape plan. The proposed type for all trees on the site needs to be planned at this stage and shown on the plan. d. The existing tree on W 441 Ave. that is shown as being preserved with this development is commendable. Please indicate the approximate caliper size of that tree on the plan so that it may be properly counted toward street tree requirements. There is also an existing tree of fair size along the east property lincAs it possible to preserve this tree as well? e. The landscape plan needs to indicate the type of ground cover or mulch to be used in the flower or shrub beds. If mulch is to be used, a statement needs to be added to the plan stating that it will be a minimum of 3 inches in depth. f The proposed minimum size for ornamental trees does not meet the City's size requirements. The City's minimum size requirements for landscape specimens are as follows: deciduous trees, 2" caliper; ornamental and flowering trees, 2" caliper; evergreen trees, 6' in height; shrubs and hedges, 5 gallon. g. The landscape plan needs to indicate the type of ground cover underneath the trees along the east property line. It also needs to show where the gravel from the outdoor sales stops. h. Under the regulations heading "Open Space and Landscaping" on page 2, items #5, 6, 7, 8 and 9 should be removed. The landscape buffering in the amount of 83 shrubs should be reflected in the landscape legend to show what is being provided for this development, not what is required. Additionally, regulation #10 should state "Landscaped areas shall be as indicated on the approved landscape plan." The City's landscaping regulations require a landscaped area measuring 10 feet from the edge of right -of-way on non-residentially zoned property abutting W 44' Ave. The site as currently designed does not meet this requirement. j. Screening of the parking area is required when it is located between the right-of-way and the structure. This view obscuring screen needs to be established between the parking area and the right-of-way and may be composed of live plantings, berms, fences, walls or any combination thereof. The height of the screening is subject to sight distance triangle height limitations. k. The fourteenth landscape note on page 2 discusses native grass seed, however, there is no area on the landscape plan identified for native grass. Any area to be hydroseeded in native grass must be shown on the plan. The following regulation needs to be added under I. Open Space and Landscaping: "Unless otherwise noted, all landscaping shall be in accordance with the Wheat Ridge Code of Laws Section 26-502 Landscaping Requirements." 7. Lighting a. The lighting regulation (H. Lighting) needs to state that all exterior lighting shall comply with the City of Wheat Ridge Code of Laws, Section 26-503 Exterior Lighting. b. The plans do not show exterior lighting devices. The lighting plan needs to be incorporated into the final development plan and shown on the site plan. Lighting information should include the type of lighting devices, height, location and orientation. Building elevations should also show any attached lighting fixtures. 8. Fencing a. For simplicity, the regulation for Fences and Retaining Walls under C. Site Data should state "Fences and walls shall adhere to the Wheat Ridge Code of Laws Section 26-603, Fences, Walls and Obstructions to View." b. Please include a detail of the proposed 6 foot steel picket fence. C. Please identify the material to be used for the proposed 6 foot high solid fence along the south and east property line. d. Please detail or describe the materials and look of the proposed gates into the outdoor sales area. 9. Signs a. The Planned Development regulations require that the Final Development Plan include the location, size, type, height and orientation of all signs. The regulations further state that signs not specifically approved as part of a Final Development Plan shall not be permitted. Because of this regulation, the locations of any proposed freestanding signs or wall signs need to be shown on the site plan. The details required above should also be included. b. The allowable signage for this development should be specifically listed under the Signage heading as follows: Freestanding signs - One freestanding sign is permitted per street frontage with a changeable copy area for advertising seasonal items. - Allowable sign area: 35 s.f. Plus 1 s.f. for each additional 50 s.f of floor area over 1,501 - Maximum height: 15 feet - Sign setback: from adjacent properties, 10 feet from street right-of-way, 5 feet for signs under 7 feet high 10 feet for signs 7 or more feet high Wall signs - One wall sign is permitted for the side of the building which faces W. 44' Ave. with or without changeable copy area for advertising seasonal sale items. - Allowable wall sign area: 1 s.f. for each linear foot of the side of the building. Performance standards for signs - All freestanding signs shall be placed within a landscaped area. - Sign lighting shall be indirect or internal only. - Prohibited signs: animated signs, flashing signs, revolving signs, searchlights, roof signs, wheeled advertising devices, off-premises signs, portable signs. Public Works Department: See attached memo from Michael Garcia, Development Review Engineer. Red-lined plans are also included. 2. See attached memo to Thomas Ryan, P.E. from Michael Garcia, Development Review Engineer. Red-lined drainage report is included. 3. See attached subdivision memo from Dave Brossman, City Surveyor. Police Department: See attached memo from Officer Gregor which outlines his crime prevention recommendations for consideration at time of development. Building Department: See the included red-lined plan from the Building Department. Valley Water District: 1. See attached memo from Robert Arnold regarding their review comments. Arvada Fire Protection District: See attached memo from Kent "Sparky" Shriver regarding their review comments. For clarification on any of these issues, please feel free to contact any of the Development Review Committee members: Planning & Development Mary Austin 303-235-2852 Public Works Mike Garcia 303-235-2868 Traffic Engineer Steve Nguyen 303-235-2862 This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. If the drawings are not revised, please provide written explanation. Three (3) copies of the revised document should be submitted for internal review. Following the review of the revised document, the date for public hearing before Planning Commission will be set. I will notify you at that time as to the number of copies to be submitted for Planning Commission review. Sincerely, Mary Austin, Planner Planning & Development cc: Mike Garcia, Development Review Engineer Steve Nguyen, Traffic Engineer Project File City meat Md9e MEMORANDUM Departrnent of Public Works TO: Mary Austin, Planner FROM: Michael Garcia, Development Review Engineer A4 ~ DATE: November 14, 2001 SUBJECT: WZ-01-02; 10590 W. 440' Ave., approval ofa zone change from A-1 to PCD, Preliminary & Final Development Plan The Public Works Department has reviewed the Planning Department referral dated October 1, 2001 for the above referenced site, and has the following comments: 1. A Subdivision Improvement Agreement will need to be executed by the developer/owner prior issuance of a building permit. 2. We are in receipt of a final drainage report for this site and subsequent comment will be made in writing to the preparer of this document, Mr. Thomas Ryan, P.E. 3. We will need engineered construction plans based upon the City's street construction plan criteria, and prepared by a Colorado licensed professional engineer, for the public improvements required to be constructed along the Moore Street frontage. 4. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In conjunction with the requirements of this permit, an erosion control plan may need to be submitted for review and approval. 5. Prior to recording the Final Plat, an irrevocable letter of credit, in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the total cost of the proposed public improvements, will need to be submitted by the developer/owner to serve as guarantee for the value of those public improvements (as determined by the itemized cost estimate prepared bythe project's civil engineer-of- record), that are required to be constructed per item 3 above. cc: Alan White, Planning & Development Director Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Dave Mentor, Traffic Planner File 10590 w44th_refeml.mem 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 November 14, 2001 Mr. Thomas Ryan, P.E. Futura Engineering Inc. 12741 E. Caley Avenue Suite 126 Englewood, Colorado 80111 Re: Greeen Goddess Garden Center - First Review Comments of Final Drainage Study, Grading & Erosion Control Plan, and Final Plat Dear Mr. Ryan, I have completed the first review of the above referenced documents for the Green Goddess Garden Center received on October 1, 2001, and have the following comments: Drainage Study (Discussion) 1. Offsite flows, if any, need to be accommodated. Further discussion needs to be provided to clarify this. 2. Discuss/ calculate the historic 5-year and 100-year volumes. 3. Please provide P.E. seal and signature on the final approved report. Drainage Study (Appendix) 1. Please provide historic calculations in the appendix. Drainage Plan(s) 1. Please include plan and profile for the new curb, gutter and walk along Moore Street. 2. Please provide a detail for the outfall structure. (Suggest using a 2" orifice for better maintenance capabilities. 3. Please provide clear, concise cross-sections at the locations shown. 4. Please include existing grade along Moore Street and W. 4411 Avenue. 5. Please provide flow direction for the proposed roof drains. 6. Please include all surface types. 7. Please note the location and elevation of City benchmarks or benchmarks referenced to the City. 8. Please include a detail of the trickle channel. 9. Provide the drive cut width for the driveways. (City code for commercial is minimum of 20 feet and maximum of 34 feet.) 10. Please provide (when appropriate) P.E. stamp and signature. Please provide 2 signed and stamped sets of the drainage report and plan with the second submittal. Street Construction Drawings 1. Standard, engineered plan and profile street construction drawings will need to be prepared for the required public improvements along the Moore Street frontage. For your information and implementation into the second submittal, a copy of the City's Street Construction Plan Checklist is included. Survey Requirements 1. No comments at this time. Any questions related to the survey requirements can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2864. Traffic Engineering A copy of the Street construction plans has been forwarded to the City's Traffic Engineer, Mr. Steve Nguyen, P.E., 303-235-2862 for review and has the following comments: 1. The south access needs to be 25 feet away from the south property line. Traffic Planner A copy of the Street construction plans has been forwarded to the City's Traffic Engineer, Mr. Dave Mentor, 303-235-2866 for review and have the following requirements: 1. Forty-fourth Avenue is a Streetscape Program identified Street and subject to Program guidelines. The street section in question is named an "Arterial-Commercial". When a construction project is initiated for the street, improvements will include (but not be limited to): pedestrian connectivity/scale/safety improvements, detached sidewalks, planted street edges and/or medians, City entry features, additional streetscape features along the corridor, transit improvements/benches/access, coordinated signage, pavement treatments, raised planters, ornamental (parking) screening fences, bollards, new street trees, pedestrian lamps, required landscape or sidewalk easements, and other street furniture or treatments. 2. No detailed neighborhood plan yet exists on 44`h Ave. as to the specific style of these treatments and where exactly they should be installed. No specific plan exists on the specifics of a treelawn or detached sidewalk or to relocate the existing utility poles. Money, to be placed in escrow, will be required at this time. The rate will be 50 per lineal foot of frontage (along 44" Ave.). "Bare bones" Streetscape Costs Price ea. Price per 11 1 Street tree every 35' $350 ea $10 1.f. Tree Grates $470 ea $13 11 Irrigation System Construction 1 $2.75 l.f. 1 Street Bench every 250' $1067ea $ 4.25 l.f. 1 Ped Lamp every 70' $1600ea $23 1.f. Water/maintenance 1 $11 l.f. (annually) Other Common Streetscape Project Costs Cost to relocate and replace sidewalk/concrete Cost to relocate utility poles. Cost to relocate other utilities (as needed) Cost for additional parking screen fences/landscaping behind the walk. Cost for additional work and features (trash receptacle, bike racks, planters, clocks, planter construction, patterned concrete, additional curb/gutter, etc.) (Note: the $50 cost per IS., to be required, is for a "bare-bones" project. Property owner payment for a standard full- scale streetscape project would be approximately $350 per lineal foot). Subdivision Improvement Agreement A Subdivision Improvement Agreement will need to be executed by the project owner/developer. Application for Minor Dumping/Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping/Landfill Permit, along with fees due will need to be submitted for review and approval. For your information and submittal in the second review package, a copy of this permit is provided. Public Improvements Cost Estimate & Guarantee Prior to any construction commencing for the required public improvements within the Moore Street right-of-way, an itemized engineer's cost estimate will need to be submitted for review and approval. Upon acceptance of this estimate, a letter of credit reflecting total costs of the approved cost estimate plus 25%, will need to be submitted by the owner/developer for review and approval. Right-o£-Way Construction Permit(s)/Licensing Prior to any construction of the public improvements, the necessary right-of-way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red-lined prints with the second submittal. If you have any questions, please contact me at 303-235-2868. Sincerely, Gtr+r ch'ae WMi arcia Development Review Engineer cc: Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Dave Mentor, Traffic Planner Mary Austin, Planner File(3) 10590 w.44[h reviewl.ltr SUBDIVISION MEMO AND CONTAC-T RECORD CONTACT NUMBER: 1 DATE RECEIVED: 1_0,1,2000 DATE REVIEWED: 10/1S,2000 SUBDIVISION NAME: Green Goddess ENGINEER: NAME: Joseph F. Asmus, P.L.S. 18300 HWY 72 ADDRESS: Arvada, CO 80007 PHONE: (303) 422-7049 FAX: 303 CITY REPRESENTATIVE: DAVID F. BROSSMAN, P.L.S. REMARKS: 1: This parcel has been previously platted. The proposed velopment does not require a re-platting of the parcel. 2: I have no further comments at this time 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Joseph F. Asmus, P.L.S. REMARKS: The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. TO Planning and Development FROM Officer L. Gregor Police Department SUBJECT Case No:WZ-01-02 DATE October 16, 2001 I have reviewed the plans for the above listed site. Please consider the following recommendations while developing this site: LANDSCAPE: 1. All mature trees to be trimmed of branches up 6'-8' from the ground to allow for natural visual observation from surrounding areas to the parking lots and building. 2. All shrubs and bushes mature height to not exceed 36". This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. Consider using natural products such as bark or mulch. BUILDINGS: 1. The building finish should be with an anti-graffiti paint or sealant. FENCING: 1. Consider using wrought iron fence instead of cedar. By putting up a wrought iron fencing around the property, you will minimize the chance of vandalism, graffiti and climbing. The initial investment in the fence will be higher, however the long term pay of by not having to repair the fence will be greater. SITE: 1. During construction, the property should be clearly posted with "No Trespassing" Page 1 of 1 signs. This may help deter trespasses, and allow the Police Department to cite offenders with the crime along with any others offenses that may be committed by trespassers. LIGHTING: 1. Exterior lighting around the buildings and in parking lots should be a minimum of 1.5 candle minimum maintained. This will provide for brightly lit areas that discourages criminal activity due to the illusion/ perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While my recommendations do not guarantee a crime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (CPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Please consider these suggestions while developing this property. Thank you. Les Gregor Police Officer Multi-Housing Unit Page 2 of 2 10/05/01 FRI 13:00 FAX 303 424 0828 VALLEY WATER DIS - 1@001 VALLEY WATER. DISTRICT P.0. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80084 TELEPHONE 424.9661 PAX424-G.28 October 5, `LOOT City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Attn: mazy Austin Dear Mary: , at 10500 W. 44th Ave., Valley In reference to Case NO. WZ-01-07 Water District has reviewed your inquiry and offers the following comments: 1. Additional water mainlines, fire hydrants and fire sprinkler lines may be needed to meet AFPD requirements at owner's expense. 2. New water tap and service lines will be needed per each new building structure at owner's expense. 3. Valley Water District has adequate capacity to serve the development. 4. Valley Water District can provide water service to the development subject to Valley Water District rules and regulations. 5. Owner will be required to provide all necessary easements to Valley Water District which meet Valley and Denver Water requirements. If you have any questions, please feel free to contact myself or Kathy Kadnuck atc 303-424-9661. Sincerely, Robert Arnold District manager r' s r- 1, .7 71, 1 171 T"I ms Street, Arvada, CO 80004 • 303/424-3012 • 303/432-7995 fax Project Name: Green Goddess Garden Center Project WZ-01-02 Location: 10590 W 44h Ave. Date: 10/8/01 1) Fire protection is provided to this site by Station #2 located at 12195 W 52nd Ave. and Station #1 at 7900 W 57h Ave. 2) All weather Fire Department access roadways are required to be a minimum of 24 feet of unobstructed width capable of supporting the imposed loads of 52,000 pound fire apparatus. Access needs to be provided to within 150 feet of all portions of the buildings prior to above grade construction. UFC 97 901.3 Amended., 8704.2 Amended. Sincerely, ~Q Kent "Sparky" Shriver Fire Marshal Arvada Fire Department STATE DEPARTMENT OF TRANSPORTATION Region 6 Traffic Access/Utilities Permits 3333 Quebec St., Suite 8400 Denver, Colorado 80207 303-377-6602 FAX 303-377-6603 October 5, 2001 City of Wheat Ridge ATTN: Mary Austin 7500 W 29tt' Ave Whaet Ridge, Colorado 80033 Dear Mary: If N/ 7 RE: 10590 W 44TH AVE. SH391 HIPLING STREET )RADO OT DFPARTMINF OF IAMSPo0.TATIP The Colorado Department of Transportation (CDOT) has reviewed the above and the proposed development is located off the State Highway System and we have no comments or concerns. If you have any questions, please contact me at 303-377-6602. Sincerely, Nashat Sawaged, P.E. Access Engineer NS/jc CC: J. Muscatell J. Kononov File (SH391) Ref: 011525NS 100501 Page 1 of 1 Pip Fl-000 C7~Ic0 < O o X111 0 2 y ~ t / ~inYl." 1JJ~ \ ~ y5 Board of Directors Executive Committee: ° Cathy Reynolds Chairman m City/County of Denver o Debra Vickrey a o Chairman Pro-Tem Tem o Arapahoe County Paul Danish ~ Secretary Z Boulder County ° Gretchen Cerveny m Treasurer City of Wheat Ridge Elaine Valente Member at Large Adams County z w Members: i Bill Berens N City of Broomfield 3 Steve Burkholder e City of Lakewood Ken Fellman City of Arvada `o Stephanie Foote City/County of Denver Nancy Heil City of Westminster B. H. Hoffmaster o Engineer 2 Michelle Lawrence Y Jefferson County o John McCracken City of Aurora Kathleen MacKenzie City/County of Denver W. Mike Maxwell W Douglas County o Jim McShane ° Town of z Columbine Valley ° n Deborah Ortega w City/County of Denver Art Patton Engineer L. Scott Tucker, Executive Director October 9, 2001 Mary Austin, Planner Department of Planning & Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Ms. Austin This letter is in response to your request for our comments concerning Case No. WZ-01-02, Green Goddess Garden Center. We appreciate the opportunity to review this proposal. We have reviewed this proposal only as it relates to major drainageways. There are no currently defined 100-year floodplains affecting this site, nor would its development affect any current District master plan. We therefore have no objection to this proposal. If you have any questions concerning these comments, please feel free to contact me at any time. Sincerely, WGD/mc \tlood\reviewl Bill 44~FU6- ot, P.E. Chief, Floodplain Management Program 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 235-2846 DATE: October 1, 2001 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for a Zone Change and Approval of a Preliminary & Final Development Plan for the property described below. Your written response regarding any comments on this proposal would be appreciated by October 19th. 2001 . No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-01-02 LOCATION: 10590 West 44t" Ave. REQUESTED ACTION: Zone Change from A-1 to PCD, Preliminary& Final Development Plan. PURPOSE: Approval of a zone change and associated preliminary and fmal development plan is required to develop the site with a retail garden center and fresh produce market. APPROXIMATE AREA: 24,939 square feet (0.57 acres) Issues for consideration include the following: • The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • The adequacy of capacities to service the development. • - The ability to provide service to this proposed development subject to your agency's rules and regulations. Specific easements that are needed on this or any other document. • Any comments which would affect approval of this request by your agency. Please reply to: Mary Austin, Planner Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XXX Water District (Valley) XXX Sanitation District (Fruitdale) XXX Fire District (Arvada) Adjacent City XXX Excel Energy XXX Qwest Communications State Land Use Commission State Geological Survey XXX Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department Jeffco Schools Jeffco Commissioners XXX AT&T Broadband XXX WHEAT RIDGE Post Office XXX WHEAT RIDGE Police Department XXX WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission XXX WHEAT RIDGE Forestry Division XXX WHEAT RIDGE Building Div Sion WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District XXX Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" y 44 0014 twL, FINAL DRAINAGE REPORT Green Goddess GARDEN CENTER September 24, 2001 Revised: May 15, 2002 Prepared for RUDD & Associates 13050 West 43`d Drive Suite 200 Wheat Ridge, CO. 80033 303-278-6889 Fax 303-274-8239 Prepared by Futura Engineering Inc. 12741 E. Caley Ave. Suite 126 Englewood, Colorado 80111 (303) 649-9292 FAX (303) 649-9499 Project No. B1901.00300.00 I hereby certify that this report for the drainage design of the Green Goddess Garden Center was prepared by me or under my direct supervision in accordance with the City of Wheat Ridge Drainage Criteria requirements for the Thomas P. Ryan Colorado P.E. No. 35696 //~O REG~~ ®O O PS P 35696 z^ 7 /17~OZ..~lr Table Of Contents 1. SCOPE AND PURPOSE OF REPORT 1 2. GENERAL LOCATION AND DESCRIPTION 1 3. PROPERTY DESCRIPTION 1 4. PROPOSED IMPROVEMENTS 2 5. DRAINAGE BASINS AND SUB-BASINS 2 6. DEVELOPED BASINS 3 7. DETENTION REQUIREMENTS ...........................4 S. STREET FLOWS 4 9. CONCLUSIONS ...........................4 APPENDIX 5 1. SCOPE AND PURPOSE OF REPORT The purpose of this report is to determine the drainage requirements for Lot 19 of the JAYLARRY SUBDIVISION in the City of Wheat Ridge. The existing drainage facilities are based upon data for 5-year and 100-year frequency storms. All computations in this study are prepared in accordance with the Urban Storm Drainage Criteria Manual by DRCOG. 2. GENERAL LOCATION AND DESCRIPTION The proposed development property is located at the southeast corner of W. 44th Ave and Moore Street in the City of Wheat Ridge, County of Jefferson, State of Colorado. This site is on the north side of the Clear Creek drainage. All drainage from this development will convey to Clear Creek. Land to the west and north is residential and light commercial and to the south and east is PRD (apartments or multi-family). 3. PROPERTY DESCRIPTION The site is currently occupied with trailers/greenhouses and encompasses 0.571 acres. The present zoning on the site appears to be A-1. The site slopes generally from northwest to southeast at approximately 2.3% with grass cover and relief of elevation 5378 down to elevation 5375. Moore Street, a public street, abuts the site on the west and will be used to drain the site's proposed detention pond. The paved street on the east boundary appears to be a private drive for an apartment complex. A detention pond will be established in the southern portion of the site. Runoff released from the pond will be limited to the 10-year rate in order to reduce downstream flows to amounts below the calculated historic 5-year rates. The site is within the 500-year flood plain of Clear Creek. 4. PROPOSED IMPROVEMENTS The development of this site is proposed as Commercial services and will be completed as a single project. A possible future expansion has also been included in the design. The detention requirements for this project are to be addressed as part of the construction. A detention pond with orifice will release less than the historic 5-year flow to existing curb & gutter in Moore Street through a 6" PVC pipe and sidewalk chase. Flows will be routed south to inlets on 43rd Place and eventually into Clear Creek. Fill is required to establish the future improvements, which include parking areas, a small building and a possible future building, a detention pond and an open space area. 5. DRAINAGE BASINS AND SUB-BASINS The Historic drainage pattern for this site is sheet flow across the site from northwest to southeast into the existing parking lot for the apartment complex. The 5yr and 100yr flows historically released from the site are 0.35cfs and 1.64cfs respectively. The proposed drainage pattern will discharge the allowable 10-year flow to the southwest corner of the site rather than the southeast corner. The reason for the change in discharge location is to allow the majority of the released flow to discharge to a public system rather than into the private site on the east. A small portion of the site will continue to drain to the east, but the amount of discharge to the east will be significantly less than historic. Off-site flows from the west will be conveyed south by the proposed curb & gutter along Moore Street and east by the existing curb & gutter along W. 44`h Avenue and do not affect the site. Off site flows from the south will be directed east to the to the private drive by a swale along the property line following existing grades. 6. DEVELOPED BASINS Drainage analysis for this project is by the Rational Method for 5-year and 100-year storms. The developed flows will be directed by pavement, curb & gutter to the proposed detention pond. A portion of developed flows, Basin B, will follow historic patterns and convey to the east. The amounts released from Basin B are significantly less than what has historically flowed to the east and into the apartment complex drainage system. Historic flows calculated for the site are as follows: Q5=0.29cfs Qioo=1.83cfs Developed Basin A consists of the majority of the site. It includes approximately half of each of the proposed buildings roofs, the entire parking area, and the majority of the gravel area east and south of the buildings. Calculated flows for this basin are as follows: Q5=0.90cfs Qioo=1.87cfs Developed Basin B consists of approximately half of each of the proposed buildings roofs, a portion of landscaped area in the northeast corner of the site, as well as the landscaped area to the east of the buildings. Calculated flows for this basin are as follows: Q5=0.20cfs Qioo=0.63cfs Developed Basin C consists mainly of a small portion of landscaped area along the west side of the site. Calculated flows for this basin are as follows: Q5=0.04cfs Q100=0.10cfs 7. DETENTION REQUIREMENTS The Soil Conservation District has identified the soil to be Type C, labeled Loveland Variant (gravelly sandy loam). Detention and related calculation methods are from the Jefferson County Storm Drainage Manual and Urban Storm Drainage Criteria Manual. The pond was sized for a minimum required 100-year volume of 2152 cubic feet. The release orifice was sized to release only the allowable 10-year maximum rate in order to keep offsite flows below the historic 5-year rate. A 2-1/2 inch pipe placed through the face of the gutter will act as an orifice to restrict released flow to the desired value. Overflow will be directed onto Moore Street through the south entrance if water depth exceeds an elevation of 5377.18 feet. 8. STREET FLOWS Parking areas sheet flow to a swale and are carried to the detention pond located within the site. Release from the detention pond onto Moore Street has been limited to the 10-year allowable rate of 0.17cfs, less than the 5-year historic rate of 0.29cfs. This release rate will impart negligible impact downstream. Release of runoff to the east has also been reduced from historic. 9. CONCLUSIONS Drainage design for this site is consistent with the City of Wheat Ridge Criteria manual. Required detention storage has been provided with released runoff limited to the allowable 10- year rate. The site is within the 500-year flood plain and all runoff from this site conveys to Clear Creek. APPENDIX See Map 11 ~FW'Rak.to- I I 44M1 PL P cy` b" c m 0/1 fll`IIIrIni CIUn UP U~ AV[AVEO J.;IIUUI } /0 4d lI AVE 4•w 11601 Nv I P L PUW J nv IN 64th V ee0o v' 1140 N'I 1, 6 VD -E PLBP~®®4 Park .__OBERONton In Al- % ~ -laf0. 4J/J rL Y %v C j ~L I I W P LOLf 1n d WG2 J v°( 4 Il l -hY kJ AVE O" AvE ,i/ / , 62ntl AVE 6'Ln AVf P ALLEHOA E rt AVJI 4I. 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O JIIM1AVE P! .r All I ^ri ]4 m • l I \ 106 106 _ C. 105. t4, 43 i 44 ~i - 96. r ) . .13, 1' T L,;1.' 5105 107 107• 06 33.. i 4 96 .aEN eq 106 42 96 166. 96 aN0 n .0 '106 ~ Ar0 w 44, '165 1 F - 106 105 / 107 °q^NG a 107 RvIe7 44 108 Creek ~ 44.. ~...60 106 166 w - Van 105 60 -..165 107 &GGer AR ADA 106 74 _ Creek J 33 43 107 105 106 43 33 „ 33 80 74 80 106 107 - - 80 105 ,SOU?HERN 5 u:r { 107 ' 103 0 106 ANO .105 102 .co1.oRAOO 108 .r 102 106 2 - - - 14 16 106 1 16 104 102 111 105 ..w+a5 i y.. 107 r✓f 2 1 104 16 e s..'Vti r r t xtui 89 AI tc<u.:. r F,LL 1ru> v*! a. 1 y: ~ M'~'''~ r'. 't... s r. ~Jr. s u xmr• S °>:kby 7i fi en , a*.r q,./.si 15 1 151 q 1 ~ 391 107 , N GI th{}yn{~'~"bW Arlo 1) r 1 i 4 rW iP 165 S+,XAyr~a,7#~''44i t r >ulr Ji f U f .Yl. 4r~ 't vt.y t F F r I r 1 ~4 r t1 - F a r a f it 106 I <µJ.' 105 1 e f`S .uhf 89 'Sr,tl 4J4 r.'t 4+ + y r 15 r d 89 Zr, d. i p 1 p.. L I* , t• 106 It r n 1` A t \4. f+ 161 P 1 ~ &~iia'r'11 _ ItN. PA \.y l '141 { I y~ y.. 'I'L A 7 + 3~' c 1 e tw. .v p t 1 %.is 4n~ b 1 Sb Ar 107 "e (4 10 dr~ , 5"d't s.: b r'K~CLC~yg6k ``°b'~f4s A oar,-1 +d J4,P~. b 5 A}~ 105 CRyHE1 J5~ti ,~rlt'b+' r4 15'12 t "4 vv 106 '~'+i t +,16L }65 ifi75+ 9 K +wf. 51~ isSt 3& i i1r061PA 1 ~ . tw g i h (~q, _ 10 +'Yr.u~~R'te.Y 870 e ♦ ty~60 1 r r uFwti.' Yw H•lt qty'"" ~t ? ~F'a 'r1y f ~_4n1 i ~3~';., 80 t ~ n F£1 F1yi ° fX/ Jlt ~~a ~i'• i9~4' is 1 r - 1',ti.f~~ r 1+~ a 1305 a ~ ~ k w nk"h f; rY Air ,F I d e p F a' t. i e , 9 108 +r~ ~tjt S}3 ''3 '(r O;Mt Y'~a.e.r 14 t' r ~sta v^A + A 30 - tt Y~ryt~ 9+` i J a w a r' 1 a.?,~'~, 1.~- 1 t 9 r` aSp u ti 'd'ii S µ r 41 s Y.Urtl~rA4Q r/„ l N'xNP? ~ 3.11 „r ".l? .~A.t ~vrF A h~l ,rg &k ~ t+' r1 p tr _ 164 ,f`3j'rzr,•, t. Wd r~9,~i°5 :.2 F I .~,f1071'~{">< .,s, ~t ~0 ~L~~~ v+ In ..A DRAINAGE CRITERIA MANUAL RUNOFF TABLE 3-1 (42) RECOMMENDED-RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS LAND USE OR PERCENT FREQUENCY SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100 Business: Commercial Areas 95 .87 .87 .88 .89 Neighborhood Areas 70 .60 .65 .70 .80 Residential: Single-Family * :GO :'45 .50 .60 Multi-Unit (detached) 50 .45 .50 .60 .70 Multi-Unit (attached) 70 .60 .65 .70 .80 1/2 Acre Lot or Larger * .30 .35 .40 .60 Apartments 70 .65 .70 .70 .80 Industrial: Light Areas 80 .71 .72 .76 .82 Heavy Acres 90 .80 .80 .85 .90 Parks, Cemetaries: 7 .10 .118 .25 .45 Playgrounds: 13 .15 .20 .10 .50 Schools: 50 .45 .50 .60 .70 Railroad Yard Areas 20 .20 .25 .35 .45 Undeveloped Areas: Historic Flow Analysis- 2 (See "Lawns") Greenbelts, Agricultural Offsite Flow Analysis 45 .43 .47 .55 .65 (when land use not defined) Streets: Paved 100 .87 .88 .90 .93 Gravel (Packed) 40 .40 .45 .50 .60 Drive and Walks: 96 .87 .87 .88 .89 Roofs: 90 .80 .85 .90 .90 Lawns, Sandy Soil 0 .00 .01 .05 .20 Lawns, Clayey Soil 0 .05 .15 .25 .50 NOTE: These Rational Formula coefficients may not be valid for large basins. *See Figure 2-1 for percent impervious. 11-1-90 URB.4il DRAINAGE AND FLOOD CONTROL DISTRICT DRAINAGE CRITERIA MANUAL 50 30 E 20 z W U cc a 10 z w n. O 5 w ¢ 3 O U w F- Q S 1 2 .3 .5 1 2 3 5 10 20 VELOCITY IN FEET PER SECOND 5 .1 RUNOFF i I I I 0 P ti b I ~4 y I U 1 1 1 2 - y I i ° r I I P c to L.`' _ - y w w oJ y I l c ~ CP r I ~ I I O, O a J 0 _ W 4 Z. I r Cr ~ o ~ I I A S ~ I 3 I ~ r o I o ~ a I I I I I I I I I I I I I I I I I I ! 1 FIGURE 3-2. ESTIMATE OF AVERAGE FLOW VELOCITY FOR USE WITH THE RATIONAL FORMULA. -k MOST FREQUENTLY OCCURRING -UNDEVELOPED" LAND SURFACES IN THE DENVER REGION. REFERENCE: "Urban Hydrology For Small Vialersheds" Technical Release No. 55. USDA, SCS Jan. 1975. 5-1-84 URBAN DRAINAGE 6 FLOOD CONTROL DISTRICT 2 YEA R....i 1 i o 0 10 20 30 40 50 60 TIME IN MINUTES FIGURE 5-1 EXAMPLE 5.2 • I TIME - INTENSITY - FREQUENCY CURVES T. 3 S. R.66 W. 5-1-84 URBAN DRAINAGE d FLOOD CONTROL DISTRICT I, I RUNOFF CALCULATIONS THE FOLLOWING VALUES FROM TABLE 3-1, URBAN DRAINAGE & FLOOD CONTROL DISTRICT CRITERIA MANUAL WERE USED FOR THE RUNOFF CALCULATIONS: C5ROOF:= 0.85 CIOOROOF:= 0.90 1:= 90% C5PAVING:= 0.87 CIOOPAVING:= 0.89 I:= 96% C5LANDSCAPE:= 0.15 CIOOLANDSCAPE:= 0.5 I:= 0% C5GRAVEL:= 0.45 C100GRAVEL:= 0.6 I:= 40% DUE TO THE SMALL SIZE OF THE BASIN, THE MINIMUM TIME OF CONCENTRATION (f ) VALUE OF 5 MINUTES WAS USED. THE FOLLOWING INTENSITIES WERE TAKEN FROM FIGURE 5-1 OF THE URBAN DRAINAGE & FLOOD CONTROL DISTRICT DESIGN AND TECHNICAL MANUAL ADJUSTED FOR THE CITY OF WHEATRIDGE. i5:= 5.0n iloo:= 9.4 in hr hr BASIN A ATOTAL:= 0.427acre AROOF:= 0.053acre APAVING:= 0.165acre ALANDSCAPE:= 0.069acre AGRAVEL:= 0.140acre AROOFCSROOF + APAVING'CSPAVrNG + ALANDSCAPE'CSLANDSCAPE + AGRAVEL'CSGRAVEL CS:= ATOTAL AROOF'C100ROOF + APAVING'CIOOPAVING + ALANDSCAPE'CIOOLANDSCAPE + AGRAVEL'CSGRAVEL C 100 ATOTAL C5 = 0.61 in Q5:= C5-5.00 'ATOTAL C 100 = 0.68 in Q100:= C100,9.40- r 'ATOTAL Q5 = 1.32 cfs QI00 = 2.77 cfs BASIN B ATOTAL:= 0.128acre AROOF = 0.042acre APAVING:= Oacre ALANDSCAPE:= 0.086acre AGRAVEL:= Oacre AROOF'C5ROOF + APAVING'C5PAVING + ALANDSCAPE'C5LANDSCAPL-:+ AGRAVEL'C5GRAVEL C5 ATOTAL AROOF' C 100ROOF + APAVING' C I OOPAV ING + ALANDSCAPE' C I OOLANDSCAPE + AGRAVEL' C5GRAVEL C 100 ATOTAL C5=0.38 Cloo=0.63 in Q5:= C5.5.00 hr'ATOTAL in Q100:= Cloo, 9.40 hr'ATOTAL Q5 = 0.25 cfs Q 100 = 0.77 cfs BASIN C ATOTAL:= 0.016acre AROOF:= Oacre APAVING:= 0.008acre ALANDSCAPE:= 0.008acre AGRAVEL:= Oacre C5 AROOF'CSROOF+ APAVING'CSPAVING + ALANDSCAPE'CSLANDSCAPE + AGRAVEL'CSGRAVEL ATOTAL C I00 AROOF' C I OOROOF + APAVING' C I OOPAVMG + ALANDSCAPE' C I OOLANDSCAPE + AGRAVEL' CSGRAVEL ATOTAL C5=0.51 C100=0.69 in Q5:= C5.5.00hr'ATOTAL in Q 100:= Cloo, 9.40 hr 'ATOTAL Q5 = 0.04 cfs Q100 = 0.11 cfs co 0 0 E O 65 c 0 C N v N co CIO co ° O C) O h O M IT 0 o 0 N co 0) co N (0 O r 0 p O r O r 66 O O , O n J 0 C N L C C V V d' V' N N (O (p N G Mm M(0 d'I- LO O) Lt c - c ~p O C!0 F u E r I- CO 0 > c R o d r r r m R C ~ o ~ m c 0 c E r t` CO 0 r a C F'u E O O U U ) F m c - L, E E N r O O E F L 4) N: J O N O CY) c CID E C>a' J r F- F O O 0 LL - _ o (A o O CID r O r O ~ C O a m.. O C O) N m (0 N O O 11 E F~ E M O V LO N CO N C IL ~ E LI::.. 0) I N N O r- dt O _ .S O It V co C N J Co d o o (O M co CO V) r w ¢ m m m 0) (O m O N N N O O O O U Q o 0 0 0 0 0 0 0 m N ?75 U x(00 (o((0 OC) 00 M ( co O um 0 0 0 0 0 0 0 0 o U 2 c m w ' n 00 m m d ¢ Lo It o om0 ¢ co 0 0 0 0 c 2 ¢ m U co rn F N 'p ~ r N M oa = O LL E 3 F u CJ m O UL R _N > (n m -I U c o N m J LL 0 0 C O J r O aS N N L ~ N O > E w m a 'm E m c E (p a) c 0. (D N R = a n L E C U m m 3 `o m o U ~ N ° 0 m m > a i LL Ii(Li~zc7 a y O 0 0 0 0 0 N N 7 DETENTION CALCULATIONS SCS SOIL GROUP C A:= 0.571-acre From UDCM Figure 3-1: ROOFS I=0.90% PAVED STREETS 1=0.96% LANDSCAPE I=0% GRAVEL STREETS 1=40% 0.095-acre 90 + 0.173-acre 96 + 0.163acre 0 + 0.14•acre 40 lave:= I 53.87 ave = A A A A Detention Volumes 0.95-1ave - 1.90 .ft K10 K10 = 0.05 ft 1000 1.78.1ace - 0.002.1ave2 - 3.56 ft K100 KI00 = 0.09 ft 1000 V10 Klo-A Vlo = 0.03 acre-ft V 10 = 1226 ft3 I V100:= K100,A V100 = 0.05 acre-ft V 100 = 2152 ft3 Maximum Detention Release Rates - cfs Qlomax:= 0.30•--A QlOmax=0.17cfs acre Qloomax 1.0. cfs A Q100max = 0.57 cfs acre Detention Pond Calculations Detention Pond Volume ELEVATION AREA CUM.AVG.VOLUME ft ft2 w 5376.2 2 0 5376.3 78 4 5376.4 263 21 5376.5 588 64 5376.6 1076 147 5376.7 1734 287 5376.8 2559 502 5376.9 3495 805 5377.0 4457 1202 5377.1 5456 1698 5377.18 6241 2142 Water Surface Elevations Required 10YR 5377.00 100YR 5377.18 RELEASE ORIFICE CALCULATIONS Invert Elevation = 5376.18 100yr ELEV = 5377.18 hlooyr = 1.00ft 10yr ELEV = 5377.00 hloyr 0.82ft D10yr2 D10yr:= 2.5-in Alpyr:= 7[.- 4 Dloyr Qloyr 0.65-A10yr' 2.9. hloyr- 2 Aloyr = 0.03 ft2 Q10yr=0.15cfs <Qlom =0.17cfs EMERGENCY OVERFLOW SPILLWAY Worksheet for Irregular Channel Project Description Worksheet OVERFLOW Flow Element Irregular Chang Method Manning's Forr Solve For Discharge Input Data Slope 059000 ft/ft Water Surface Elev 0.50 ft Options Current Roughness Methc)ved Lotter's Method Open Channel Weighting rued Lotter's Method Closed Channel Weighting Horton's Method Results Mannings Coeffic 0.013 Elevation Range ).00 to 0.50 Discharge 251.30 cfs Flow Area 15.0 ft2 Wetted Perimeter 32.00 ft Top Width 31.00 It Actual Depth 0.50 ft Critical Elevation 1.28 ft Critical Slope 0.002530 fUft Velocity 16.75 ft/s Velocity Head 4.36 ft Specific Energy 4.86 ft Froude Number 4.25 Flow Type supercritical Roughness Segments Start End Mannings Station Station Coefficient 0+00 0+31 0.013 Natural Channel Points Station Elevation (ft) (ft) 0+00 0.50 0+01 0.50 0+01 0.00 0+31 Q.00 0+31 0.50 0+31 0.50 Project Engineer: Blake L. Nelson untitled.fm2 Futura Engineering, Inc. FlowMaster v6.1 [614n] 05113/02 11:21:49 AM ©Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 EMERGENCY OVERFLOW SPILLWAY Cross Section for Irregular Channel Project Description Worksheet OVERFLOW Flow Element Irregular Chant Method Manning's Fort Solve For Discharge Section Data Mannings Coefficiel 0.013 Slope 0.059000 ft/ft Water Surface Elev 0.50 ft Elevation Range .00 to 0.50 Discharge 251.30 cfs 0.50- 0.00 0+00 0+05 0+10 0+15 0+20 0+25 0+30 0+35 V:2.0 L H:1 NTS Project Engineer: Blake L. Nelson untitled.fm2 Futura Engineering, Inc. FlowMaster v6.1 [614n] 05/13/02 11:22:49 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 FINAL DRAINAGE REPORT Green Goddess GARDEN CENTER September 24, 2001 Prepared for RUDD & Associates 13050 West 43`d Drive Suite 200 Wheat Ridge, CO. 80033 303-278-6889 Fax 303-274-8239 Prepared by Futura Engineering Inc. 12741 E. Caley Ave. Suite 126 Englewood, Colorado 80111 (303) 649-9292 FAX (303) 649-9499 Project No. B1901.00300.00 off'- Zoo . -P a~ I hereby certify that this report for the drainage design of the Green Goddess Garden Center was prepared by me or under my direct supervision in accordance with the City of Wheat Ridge Drainage Criteria requiren the owners thereof. vZ ° - 9 26/61 ~sss Thomas P. Ryan t .-V Date Colorado P.E. No. 35696 Table Of Contents 1. SCOPE AND PURPOSE OF REPORT 2. GENERAL LOCATION AND DESCRIPTION.... 3. PROPERTY DESCRIPTION 4. PROPOSED IMPROVEMENTS 5. DRAINAGE BASINS AND SUB-BASINS 6. HISTORIC/DEVELOPED BASIN 7. DETENTION REQUIREMENTS 8. STREET FLOWS 9. CONCLUSIONS 1. SCOPE AND PURPOSE OF REPORT The purpose of this report is to determine the drainage requirements for Lot 19 of the JAYLARRY SUBDIVISION in the City of Wheat Ridge. The existing drainage facilities are based upon data for 5-year and 100-year frequency storms. All computations in this study are prepared in accordance with the Urban Storm Drainage Criteria Manual by DRCOG. 2. GENERAL LOCATION AND DESCRIPTION `h The proposed development property is located at the southeast corner of W. 44 Ave and Moore Street in the City of Wheat Ridge, County of Jefferson, State of Colorado. This site is on the north side of the Clear Creek drainage. All drainage from this development will convey to Clear Creek. Land to the west and north is residential and light commercial and to the south and east is PRD (apartments or multi-family). 3. PROPERTY DESCRIPTION The site is currently occupied with trailers/greenhouses and encompasses 0.57 acres. The present zoning on the site appears to be A-1. The site slopes generally from northwest to southeast at approximately 1.2% with grass cover and relief of elevation 5378 down to elevation 5375. Moore Street is a public street and will be used to drain the site's proposed detention pond. The paved street on the east boundary appears to be a private drive for the apartments. A detention pond will be established on the southern portion of the site. Runoff released from the pond will be limited to the 10-year rate to reduce downstream flows to below calculated historic 5-year rates. The site is within the 500- year flood plain of Clear Creek.