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HomeMy WebLinkAboutWZ-16-04l City of Wheatdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. August 10, 2016 Anthony Bracciante Sit Means Sit Denver Dog Training 8308 Church Ranch Blvd Westminster CO 80021 Dear Mr. Bracciante: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Enclosed please find a copy of the Special Use Permit Approval to allow a dog kennel and training facility in an Industrial -Employment zone district for property located at 4949 Marshall Street. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Approval of Special Use Permit Cc: SUP -16-01 (case file) SUP1601.doc ww",xi.wheatridge.co.us 7500 West 29th Avenue City of Wheat Ridge, Colorado 80033 Wh6atP.,Ldge 303.235.2846 Fax: 303.235.2857 Approval of Special Use Permit WHEREAS, an application for a Special Use Permit was submitted for the property located at 4949 Marshall Street to allow a dog kennel and training facility as referenced as Case No. SUP -16- 01; and WHEREAS, City staff found basis for approval of the Special Use Permit, relying on criteria listed in Sections 26-114 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a Special Use Permit to allow a dog kennel and training facility on a property zoned Industrial -Employment and located at 4949 Marshall Street (Case No. SUP -16-01) is granted based on the following findings of fact: SPECIAL USE PERMIT 1. The proposed use is consistent with land uses in the area, and the I -E zone district regulations. 2. There is adequate access to the property. 3. Approval of the SUP will result in minor improvements on a property, and along the Marshall Street Right -of -Way. 4. The request will not have detrimental effect upon the general public health, welfare and safety of the surrounding area. 5. The SUP evaluation criteria have been met. WITH THE FOLLOWING CONDITIONS: 1. The grant of use is for the applicant, and may not be inherited. 2. The Special Use Permit shall comply with all material representations, commitments and operations as depicted in the application materials and documents maintained in the case file. Date August 04, 2016 To: City of Wheat Ridge Community Development, Planning Division From: Tom & Isabel Abbott 10780 W. 35" Ave, Wheat Ridge, CO 80033 Re: Case # SUP -16-01 - 4949 Marshall St. We wish to write in support of the granting of a Special Use Permit at 4949 Marshall St., for the purpose of a dog training and kenneling facility. We have met with the owner of Sit -Means -Sit, and expect no negative outcomes from his purposed occupancy and use. Sincerely; Tom & Isabel Abbott Owners of adjacent property at 4909 Marshall St. City of �"�Wheat i e MUNITY DEVELOP MET CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Community Development Director DATE: August 9, 2016 CASE MANAGER: Lisa Ritchie CASE NO. & NAME: SUP -16-01 / Sit Means Sit Denver Dog Training ACTION REQUESTED: Request for a Special Use Permit to allow a dog kennel and training facility LOCATION OF REQUEST: 4949 Marshall Street PROPERTY OWNER: Lloyd Kiper APPLICANT: Sit Means Sit Denver Dog Training APPROXIMATE AREA: 0.67 acres PRESENT ZONING COMPREHENSIVE PLAN ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE Industrial -Employment (I -E) Employment CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP I. REQUEST This application is for approval of a Special Use Permit (SUP) to allow the existing facility to be used as a dog training facility with a kennel. The property is zoned Industrial -Employment (I -E) which allows for a variety of light industrial and commercial uses that support employment. Section 25-114 (Special Uses) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for a special use permit if the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten days; 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. Staff recommends approval of the request with conditions. II. EXISTING CONDITIONS The property is located on Marshall Street between 49`h Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is partially encumbered with 100 -year floodplain. According to the Jefferson County Assessor, the property includes two parcels and is 29,159 square feet (approx. 0.669 acres) in size. The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property. (Exhibit 1, Zoning Map; Exhibit 2, Aerial Photo; Exhibit 3, Site Photos) III. CASE ANALYSIS The applicant has the property under contract, and is proposing to operate a dog training facility with a kennel out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel Special Use Permit 2 SUP-16-01/Sit Means Sit Denver Dog Training tower. The proposed business model for this training facility includes group classes. one-on-one meetings, and a boarding and training program. At this time, no redevelopment of the site is proposed, but this applicant or a future owner could redevelop under the Industrial -Employment uses and standards. Public Works has identified this property frontage as an opportunity to apply funds to construct public improvements, including curb, gutter and sidewalk. Once this plan is finalized with Public Works, the final parking and landscaping design will be reviewed. The property owner would be responsible for maintaining any new landscaping that is installed. The applicant intends to provide minor upgrades to exterior finishes, new signage, landscaping and parking lot clean up. The front third of the existing structure will be used for offices, restrooms, a break room, utility and storage rooms, as well as a mezzanine. The middle portion of the building will be used as the main training area, which also has a full size garage door providing access to the north side of the property. This area will be fenced in and be used for dog training as weather permits. The rear portion of the building will be used as a kennel area for boarding dogs and for training dogs separate from client lessons. There will be a door to the west to a small exercise/elimination area. These improvements will be reviewed through a Building Permit. The property to the south is CDOT Right -of -Way and contains a portion of the Clear Creek Trail. There will be no direct access from the north property line to the trail, and the entire northern property line will be fenced. The trail can be accessed from the new proposed sidewalk along Marshall Street. The applicant will also require a kennel license from the City of Wheat Ridge Police Department. (Exhibit 4, Applicant Site Sketch and Narrative) IV. SPECIAL USE CRITERIA Before an administrative special use is approved, the applicant shall show and the Community Development Director shall find that the majority of the proposed special use criteria have been met. Staff provides the following review and analysis of the SUP criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed use as a dog training and kennel facility will not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed use is compatible with the surrounding area, which includes a planned self -storage facility to the south, and multiple contractors' offices and small retail stores further south and on the opposite side of Marshall Street. The property directly across Marshall is Creekside Park. The property directly to the south is CDOT Right -of -Way and contains part of the Clear Creek Trail. There will be a fence along the property line to separate the trail from the property. There are no residences within 500 feet of the subject property. Staff ff concludes that this criterion has been met. Special Use Permit SUP-16-01/Sit Means Sit Denver Dog Training 2. The special use will create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The special use will not create nor contribute to blight in the neighborhood. The applicant intends to purchase the property and will provide minor improvements to the site landscaping and existing structure. The property has been used as an auto repair facility for the past roughly thirty years and frequently contained parked autos waiting for service, and junk on the rear of the property. The proposed use will not generate these types of code violations and should be an improvement for the neighborhood. Staff' concludes that this criterion has been met. 3. The special use Nvill not create adverse impacts greater than allowed under existing zoning for the property. The special use will not be more impactful than other possible permitted uses under I -E zoning, which could include car washes, construction and heavy equipment sales and service, gas stations, pet stores or warehousing and outside storage. The proposed kennel operation will not have the dogs outside while unsupervised, and the outdoor training area is located on the north side of the building which does not face any adjacent private property. Staff concludes that this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The special use will not create undue traffic impacts or unsafe conditions. As noted above, Public Works intends to improve the Marshall Street Right -of -Way with a detached sidewalk and amenity zone connecting the property to the Clear Creek Trail and to the property to the north. This will result in a narrowed and better defined vehicular access point onto the property, which is currently roughly 85 feet wide. The proposed use will not generate traffic that exceeds the capacity of the site or Marshall Street, which is classified as a collector. The final design of the internal site circulation, including access to the property to the rear, will be done in conjunction with the final design by Public Works of the Marshall Street improvements. Staff concludes that this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The applicant is not proposing any major improvements to the property. The minor improvements intended will be compatible with the character of the surrounding areas. The Special Use Permit 4 SUP-16-01/Sit Means Sit Denver Dog Training orientation of the site will allow the existing building, which is at an angle away from the street, to serve as a buffer to the property to the north and the park across Marshall Street. Staff concludes that this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The special use will not overburden any existing capacities. All affected agencies have indicated they can serve the property. Staff concludes that thi.v criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior condition, if any, regarding the subject property. The applicant has the property under contract, and previously or currently owns no other property is Wheat Ridge, therefore there is no history of violations. Historically, the property has a pattern of code violations, including junk and weeds, which should not be continued with the proposed use and new owner. Staff concludes that this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. There are no improvements planned at this time that trigger any requirements in the Architectural and Site Design Manual. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate special use pen -nits support this request. V. PUBLIC INPUT A required neighborhood meeting for the SUP application was held on April 27, 2016. One neighboring property owner attended and the proposed special use request was discussed. No concerns were expressed during the meeting, and the neighboring property owner also provided a letter of support for the approval of the SUP. (Exhibit 5, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the special use request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: Supports the request. Special Use Permit SUP-16-01/Sit Means Sit Denver Dog Training West Metro Fire Protection District: No concerns at this time. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: No concerns with the special use. Public Works may install public improvements along the property frontage. Wheat Ridge Sanitation District: No concerns with the use. Xcel Energy: Notes that an existing transmission line is accessed via this property. Comments received relate only to the special use request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the evaluation criteria support approval of the request for the following reasons: 1. The proposed use is consistent with land uses in the area, and the I -E zone district regulations. 2. There is adequate access to the property. 3. Approval of the SUP will result in minor improvements on a property, and along the Marshall Street Right -of -Way. 4. The request will not have detrimental effect upon the general public health, welfare and safety of the surrounding area. 5. The SUP evaluation criteria have been met. For these reasons, a recommendation of approval is given for Case No. SUP -16-01 with the following conditions: 1. The grant of use is for the applicant, and may not be inherited. 2. The Special Use Permit shall comply with all material representations, commitments and operations as depicted in the application materials and documents maintained in the case file. Special Use Permit 6 SUP-16-01/Sit Means Sit Denver Dog Training Exhibit 1 — Zoning Map Special Use Permit SUP-16-01/Sit Means Sit Denver Dog Training Exhibit 3 — Site Photos Special Use Permit 9 SUP-I6-01/Sit Means Sit Denver Dog Training Y' , Exhibit 4 — Applicant Site Sketch and Narrative 4949 Marshall Street, Wheat Ridge, CO 80033 History Sit Means Sit Denver has been training dogs along the Front Range for over 13 years. In 2009 I bought the business I had been working in for 6 years. Originally, the business model was mobile, training and visiting people at home. In 2008 we began operating out of a veterinary hospital where we have run, incident free, since that time. We have grown to a point where we need our own space and flexibility for training; last year we trained over 500 dogs. We're in the business of creating happy, obedient and reliable dogs even around severe distractions! Property This property has a roughly 7200 square foot steel, insulated building, and enough outdoor property to allow for training, exercising and caring for the dogs both inside and out of the building. The property is, and would remain, fenced, has ample parking and a small area to allow the dogs to eliminate. There is an casement to allow access to the neighboring property to the west, as well as allowing utility access to the electrical tower beyond this plot. The footprint of the building will remain the same. The exterior would be simple cosmetic upgrades to the finishes, signage, windows, lighting and parking lot clean up. There would also be repairs and reinforcement of fencing and gate access. The majority of the interior, perhaps two thirds, is wide open. The front third includes offices, restrooms, break, utility and storage rooms as well as a mezzanine level office that overlooks with main open 'training' area in the second third of the building. The second third is what we would use as the main training area. In this space we would conduct private and group lessons with enough space to work with more than one client simultaneously. There is also a full size garage door to gain access to the north side, outdoor, fenced area in good weather. The rear third of the building is separated by one complete interior wall between it and the main training area, with a full size garage door between the rooms. There's another full size garage door granting access to the outdoor area to the north. This space is ideal as a kennel area for the boarding dogs and for training those dogs separate from client lessons. Additionally, there is a separate rear door on the west wall that would allow access to the small exercise / elimination area. Special Use Permit SUP-16-01/Sit Means Sit Denver Dog Training The changes to the interior would include cosmetic finishes, plumbing additions and upgrades to allow for clean up and more water access, security and lighting. There could be additional HVAC and office expansions as needed. Our business model offers potential clients the opportunity to visit us on site with their dogs for a free evaluation and consultation. We offer private on site training sessions, in-home private training sessions, and on site group class sessions. We also offer Board and Train packages where we would keep, house on site, and train the dogs within the facility for a recommended time (usually a week). Clients would then follow up with private and group sessions as described. Our staff will include limited office staff, sales trainers, boarding trainers and kennel staff. We currently have four, full-time sales trainers but once we begin boarding dogs, we will need additional full and part-time staff to cover the dogs being with us seven days a week. The free consultation is scheduled as an hour meet and greet with a sales trainer and a potential client to establish needs and suggest the best program for success. These consults would be conducted in small conference rooms within the building. Private lessons would be conducted both in and out of the building depending on weather. They are scheduled for an hour, with one trainer per family, using natural distractions and other dogs to improve obedience and focus. Our group classes could range in size from several to as many as twenty-five dogs. We offer these classes a few times a week and it would likely be the only times there would be a spike in entry, parking and exit from the property. Currently in our boarding program, our trainers have been taking boarding dogs home with them, even on their days off. We want to grow that program by housing the dogs at the facility. Our most popular program is a seven-day period where we work very hands on with the dogs to give them a 'jump start' to their training. Boarding trainers and sales trainers would conduct training without the owners, then follow up lessons with the owners would include private and group classes. The kennel staff will care for the feeding, bedding, cleaning and general needs of the dogs. Equipment could include some agility obstacles, crates, storage, shading structures and other items standard in dog obedience training. Access and Hours internally, we'll need access to the building and property 24 hours per day. Kennel staff will normally be available to care for the dogs from roughly 7AM to 9PM every day. Special Use Permit 12 SUP-16-01/Sit Means Sit Denver Dog Training Office staff will operate Monday through Friday from 9AM to 6PM. Our normal client operating hours will likely be from 11AM to 8PM weekdays, and 9AM to 5 P Saturdays. Most clients will be scheduled for one-hour sessions. The number of lessons running concurrently will be limited to the number of trainers available at that time. Special Use Permit 13 SUP-16-01/Sit Means Sit Denver Dog Training Sfcc� Et,�r�ina7� A 2c A 4e)A4&jE t)Bo(L , PE'o� Doaf�, 6 MCITZ Door 41% cy,fiANcF c.i,i F T tam?-kle F«T(,* C�lv(k o"-01 Special Use Permit 14 SUP-16-01/Sit Means Sit Denver Dog Training — --' Sit Means Sit STZUCTUZE • VA w RiopCabnao .ire.io...cwrec.w ww�cnor...�,u.um Special Use Permit 15 SUP-16-01/Sit Means Sit Denver Dog Training Exhibit 5 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: April 27, 2016 Lisa Ritchie, Planner 11 Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 291h Avenue Wheat Ridge, CO 80033 4949 Marshall Street Lloyd Kiper No Anthony Bracciante Yes Commercial -One (C-1) Employment Existing Site Conditions: The property is located on Marshall Street between 49`h Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2"d Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is encumbered with 100 -year floodplain. . According to the Jefferson County Assessor, the property is just shy of 20,000 square feet (approx. 0.458 acres). The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A Special Use Permit 16 SUP-16-01/Sit Means Sit Denver Dog Training special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property Applicant/Owner Preliminary Proposal: The applicant is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel tower. The proposed business model for this training facility includes group classes. one-on-one meetings, and a boarding and training program. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, one adjacent property owner attended, Mr. Tom Abbott. • Staff explained the reason for the Zone Change and Special Use Permit, and the process that could be forthcoming for both applications. • Mr. Bracciante explained his intended business operations and how he intends to use the property. • Mr. Bracciante and Mr. Abbott discussed the existing easement on the property and existing fencing. At this time, Mr. Abbott expressed no concerns about the proposal. Special Use Permit I SUP-16-01/Sit Means Sit Denver Dog Training City of Wheat jd e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. 303.235.2857 August 23, 2016 Anthony Bracciante Sit Means Sit Denver Dog Training 8308 Church Ranch Blvd Westminster CO 80021 Dear Mr. Bracciante: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: At its meeting of June 16, 2016 Planning Commission recommended APPROVAL of Case No. WZ-16- 04, a request for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I- E) for property located at 4949 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and welfare of the corrununity. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. At its meeting of July 25, 2016 City Council APPROVED Case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested zoning has been reviewed by Planning Commission, which has forwarded its recommendation of approval. 3. The requested zoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes from Planning Commission Minutes from City Council cc: WZ-16-04 (case file) WZ 1604.doc www.ci.wheatridge.co.us VFB. Case No. WZ-16-04: an application filed by Sit Means Sit Denver Dog training, for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street. Ms. Ritchie gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Ritchie stated the Comprehensive Plan considers this property as an employment zone which will support industrial uses. There will be no physical redevelopment proposed at this time, only minor upgrades to the existing building. A Special Use Permit will be required to use the property as a dog training and dog boarding facility as the applicant intends. The zone change request responds to redevelopment in the area. There is a 50 -foot easement on the north end of the property to access the billboard sign and Xcel tower on the property to the west. There will likely be public improvements done in the ROW by the City once they are started on 4901 Marshall Street which will provide good access to Clear Creek Trail. The development standards are relatively similar between the C-1 and I -E zonings. There were no concerns from outside referral agencies. A neighborhood meeting was held on April 27, 2016 and there was only one attendee, the west property owner and there were no concerns. Staff supports this request and recommends approval. Commissioner BODEN asked if dog training is allowed in the C-1 zone district. Ms. Ritchie said dog boarding is not allowed in C-1 and that is part of the application. Commissioner BUCKNAM asked about the zoning in the neighborhood and if the zoning across Marshall Street is still Commercial. Ms. Ritchie explained that some of it is C-1, but it is the parking area for Creekside Park. Chair OHM asked about the vacation of the ROW at 4901 Marshall Street. He wondered if the same should be done with this property and if not will there be any issues. Ms. Ritchie explained there should be not issues but assured Chair OHM that Public Works is looking into it. Anthony Bracciante, Sit Means Sit Dog Training 2050 Applewood Drive, Lakewood, CO Planning Commission Minutes June 16, 2016 - 5 — hern part of operty e the easement is Mr. Bracciante explained the development and P 1 be used asran access easement located is not allowed for any only. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend APPROVAL Commercial -One (C-1) to lndustrialst for approval of a zone change from Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and welfare of the community. is consistent with the goals and objective of 2. The proposed zone change the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. AL 4. The criteria used to evaluate a zone change support the request. Motion carried 8-0. C. Case No. ZOJ.A-16.01: anordinance othe Wheat R dge1ons 11-218, 11-293, -401, 26-64640Code of Laws to adopt 11-404, 11-415, 26 204, regulations governing medical marijuana testing facilities. Mr. Dahl gave a brief explanation about medical marijuana testing facilities and this ordinance amending portions of the zoning code. This is a new form of licensing done both locally andthe state and suld be facilities that need to belowed as a use regu regulated, and that is right. There are standards for these why the Wheat Ridge Code of Laws needs to be amended. Commissioner WEAVER asked for an explanation of why the testing is being done. Mr. Dahl explained the medical marijuana will be tested for contaminants and reviewed the process for testing as stated in Senate Bill 15-260 which is found in the Agenda Packet. Chair OHM questioned if the facility could be more than a lab and maybe a grow lab. Mr. Dahl stated if a testing facility also includes a grow, then it would be subject to the marijuana cultivation use chart. Chair OHM also asked who can access the facility to have marijuana tested. -6— Planning Commission Minutes June 16, 2016 City Council Minutes July 25, 2016 Page 3 Staff remarks Heather Geyer noted there is no proposed budget available at this time. Staff would like to get input from the public before the budget is prepared Public comment Britta Fisher (WR) spoke on behalf of Localworks and their budget requests. • They have over 60 events a year and they are going well. • Ridge at 38 events o The biggest progress is Ridge at 38 Events. They consume the most resources. o The past year over 18,000 people came to these events. The businesses are starting to see success. o They will refine the events and explore other opportunities. o Marketing for Ridge at 38 events is working. Indicators are great; efforts from business partners help o Sales tax on the Ridge is up 70% since the restriping; citywide it's up 16%. • Loan program o There's renewed interest in the program; larger loans are being requested. o Their maximum residential loan is $30,000 ($20,000 for general improvement; $5,000 more (each) to add a bath or a bedroom). The $5,000 piece should be $10-12,000 to be an incentive - increasing their maximum loan to $45-50,000. • TLC is going gangbusters: now includes five neighborhoods. More funds are needed. More neighborhoods want it and commercial is an area we could grow. • Dumpster Clays and block parties are growing. • Current and former councilmembers have asked how Localworks can get more for property investment funds. Can we build our own fund? • For community outreach and engagement - the postcards are very need more of them, and more funds to include more partners. The partners may be able to help, but they have limited funds. • They've had more requests for engagement in city processes. • They have been pursuing corporate, foundation and other grants Some involve requirements or suggestions of matching funds They may pursue this. They don't have hard numbers yet, but are willing to talk. 2. Council Bill 11-2016 - An ordinance approving a Zone Change from Commercial - One to Industrial -Employment for property located at 4949 Marshall St. (Case No. WZ-16-04 Sit Means Sit Denver Dog Training) The purpose of the rezoning is to allow the use of the facility as a dog training and dog boarding facility -- Sit Means Sit. This will also require a Special Use Permit - the process for which would occur after the rezoning in approved Councilmember Urban introduced Council Bill 11- 2016. Mayor Jay opened the public hearing and swore in the speakers. City Council Minutes July 25, 2016 Page 4 Staff presentation Ken Johnstone entered into the cecord the packet material, the City's comprehensive plan, zoning ordinance and t he • The property is located on the west side of Marshall Street just south of Clear Creek. • Staff believes that the zone change is consistent with the comprehensive plan. • Historic use of the property is for auto repair and body work. • The Planning Commission recommends approval. • The zoning criteria is in the packet. Cleric Shaver assigned Ordinance 1599. There was no public comment or questions. Mayor Jay closed the public hearing. Motion by by Councilmember Urban to approve Council Bill 11-2016, an ordinance approving a zone change from CoSmercial-One (C-1) to Ind ustrial- t. on second reading and that it take 151daysor property located at 4949 Marshall after final publication for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed and recommended for approval by the Planning Commission. 3. The requested rezoning has been found to comply with the criteria for review' in Section 26-112.E. of the Code of Laws. /L seconded by Councilmember Duran, carried 8-0. 3. Council Bill 12-2016 — An ordinance amending Articles II and VI of Chapter 5 of the Code of Laws concerning residential fire sprinkler requirements The purpose of the ordinance is to complete the elimination of the requirement for homes to have a fire suppression system. This deletion is in keeping with other municipalities in the surrounding area. Councilmember Duran introduced Council Bill _12-2016. Clerk Shaver assigned Ordinance 1600. Steff aresentation Ken Johnstone reported that this requirement has been eliminated from our Code. It was the intention to also eliminate this requirement when the International Building Code was adopted. Reasons include: • Sprinkler systems are expensive. • Risk of system failure incurring significant water damage 2016072616 7/26/2016 11:21 AM PGS 4 $26.00 DF $0.00 Eiecror ca.ty Recor�e; Je lerson coily CC rays -f!en, CWk and Recorder T01000 N CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 11 ORDINANCE NO. 1599 Series of 2016 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM COMMERCIAL -ONE (C-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4949 MARSHALL STREET (CASE NO. WZ-16-04/SIT MEANS SIT DENVER DOG TRAINING) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Sit Means Sit Denver Dog Training has submitted a land use application for approval of a zone change to Industrial -Employment zone district for property located at 4949 Marshall Street. and. WHEREAS, the subject property is in an area currently undergoing change and redevelopment, and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Sit Means Sit Denver Dog Training for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land A tract or parcel of land No. 19RB of the State Department of Highways, Division of Highways. State of Colorado, Project No. 1 76-1(35) Sec. 1 containing 9.165 sq. ft., more or less, in the SW '/. of the SW '/, of Section 13, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the SW corner of said Section 13: thence N. 00° 08' 11" W. (C.D.O.H. R.O.W. Plan = N. 00` 09' 30" W.) along the west line of said Section 13, a distance of 594.3 feet: thence N. 740 38'49" E. (C.D O H R.O.W. Plan = N 74° 37' 30" E ), a distance of 703.38 feet: thence N. 01° 37'03" W (C.D.O.H. R.O.W Plan = N 01' 38' 22" W.), a distance of 100.00 feet to the true point of beginning.. said point also being the NW corner of that property as described by Reception No 80057553 of the Jefferson County records, said point also being on the south right of way line of S.H. 76 (Mar. 1986), 1. Thence N 74. 38 49" E. (C.D O H R.O W Plan = N. 74� 37'30" E.) along said northerly property line, a distance of 200 0 feet to the west right of way line of Marshall Street (Mar. 1986); 2. Thence N 01' 37'03" W. (C-D.O.H. R.O.W. Plan = N 01' 38'22" W) along said west line, a distance of 42.68 feet, 3. Thence S. 77' 10'33" W. (C D.O.H. R.O.W. Plan = S 77` 09' 14" W.), a distance of 198.06 feet; 4 Thence S 01' 37' 03" E. (C.D.O.H. R.O.W. Plan = S 01' 38'22" E.), a distance of 51.67 feet, more or less, to the point of beginning. The above described parcel contains 9,165 sq ft , more or less Bearing rotation 00` 01' 19" Lt Reserving unto the grantor all right or rights of access to and from Interstate 76 (S.H. 76) across a line described above in Courses 2, 3, 4, and 5. Subject to a PUBLIC SERVICE COMPANY OF COLORADO easement as described on attached Exhibit "A' Also, subject to a 50.0 ft. wide permanent easement to READY MIXED CONCRETE COMPANY for ingress and egress as recorded in Book 1698, Page 130. EXHIBIT "A" A Parcel of land located in the SE Y. of Section 14 and the SW '/. of Section 13 all in Township 3 South, Range 69 West of the Sixth Principal Meridian, more particularly described as follows. Beginning at a point on the northerly right of way line of State Highway No. 76 (Feb. 1986) from which the E '/4 corner of said Section 14 bears N 28' 38' 18" E , a distance of 1208.84 feet: thence S. 82' 01' 00" W along the northerly right of way line of said State Highway No. 76, a distance of 122.94 feet: thence S 60' 23' 30" E., a distance of 400.16 feet; thence S. 59' 38' 00" E . a distance of 1015 72 feet to the southerly right of way line of said State Highway No. 76, thence N. 74' 37' 30" E. along said southerly line, a distance of 187.94 feet: thence N. 71' 35' 00" E., a distance of 178.27 feet to the westerly right of way line of Marshall Street (Feb 1986), thence N. 01 " 38' 22" W along the said westerly line of Marshall Street. a distance of 55.16 feet: thence N. 00' 35' 38" E. continuing along said westerly line of Marshall Street, a distance of 23.47 feet; thence S. 71' 35' 00' W., a distance of 346.77 feet: thence N. 59' 38' 00" W., a distance of 995.46 feet: thence N. 60' 23' 30" W., a distance of 303.24 feet, more or less, to the point of beginning Containing 2.93 acres All bearings used in the above description are oriented to a modified Colorado Coordinate System (Central Zone).: Section 2. Vested Property Rights Approval of this zone change does not create a vested property right Vested property rights may only arse 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 of Wheat Ridge 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 271" day of June, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, July 25, 2016 at 7:00 o'clock p.m . in the Council Chambers, 7500 West 29" Avenue. Wheat Ridge. Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, , this 25thday of JUIN, .2016 SIGNED by the Mayor on this 15th day of"I `' i Joyce,Jay, Mayor j� , ATTEST: ��F WHEAr�pO a elle Shaver, City Clerk C A L Coco �° 2016. Appr as to Form: Gerald Dahl. City Attorney 151 publication: June 30, 2016 2nd publication: July 28, 2016 Wheat Ridge Transcript: Effective Date August 12, 2016 City of W heat Midge ITEM NO: DATE: July 25, 2016 REQUEST FOR CITY COUNCIL ACTION COD400TITLE: COUNCIL BILL NO. 11-2016 - AN ORDINANCE APPROVING A ZONE CHANGE FROM COMMERCIAL - ONE TO INDUSTRIAL -EMPLOYMENT FOR PROPERTY LOCATED AT 4949 MARSHALL STREET (CASE NO. WZ- 16-04 SIT MEANS SIT DENVER DOG TRAINING) ® PUBLIC HEARING ❑ ORDINANCES FOR IST READING (06/27/16) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (07/25/16) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO Community Development Director City Manager ISSUE: This application is for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street. The zone change is the first step of the process for approval for redevelopment of this site under I -E zoning. The purpose of the request is to allow the use of the facility as a dog training and dog boarding facility (Sit Means Sit), which also requires a special use permit (SUP). The processing of the SUP would occur following approval of the zone change request. PRIOR ACTION: The Planning Commission heard this request at a public hearing on June 16, 2016, and recommended approval of the zone change to Industrial -Employment. The staff report, minutes of the meeting and final recommendations by Planning Commission are attached. FINANCIAL IMPACT: Fees in the amount of $883.75 were collected for the processing of Case No. WZ-16-04. Council Action Form — Zone Change for 4949 Marshall Street July 25, 2016 Page 2 BACKGROUND: Subject Property The property is located on Marshall Street between 49th Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. According to Jefferson County Assessor records, the property includes two parcels and is 29,159 square feet (approx. 0.669 acres) in size. The property is occupied by a 7,200 -square -foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property. Surrounding Land Uses The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is partially encumbered with 100 -year floodplain. Current and Proposed Zoning The property is currently zoned Commercial -One (C-1). The C-1 zoning allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The applicants are requesting the property be rezoned to Industrial -Employment, a zone district intended to allow light industrial and commercial uses that support employment. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of any future site redevelopment. COMPREHENSIVE PLAN: For properties north of I-70, the Comprehensive Plan generally recommends employment based uses such as those allowed under the proposed zoning. RECOMMENDATION: Staff recommends approval of the zone change as outlined in the motion. RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2016, an ordinance approving a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed and recommended for approval by the Planning Commission. Council Action Form — Zone Change for 4949 Marshall Street July 25, 2016 Page 3 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112.E. of the Code of Laws." Or, "I move to deny Council Bill No. 11-2016, an ordinance approving a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street for the following reasons: 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2016 2. Planning Commission staff report with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2016 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM COMMERCIAL -ONE (C-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4949 MARSHALL STREET (CASE NO. WZ-16-04/SIT MEANS SIT DENVER DOG TRAINING) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Sit Means Sit Denver Dog Training has submitted a land use application for approval of a zone change to Industrial -Employment zone district for property located at 4949 Marshall Street; and, WHEREAS, the subject property is in an area currently undergoing change and redevelopment; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Sit Means Sit Denver Dog Training for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A tract or parcel of land No. 19RB of the State Department of Highways, Division of Highways, State of Colorado, Project No. 176-1(35) Sec. 1 containing 9,165 sq. ft., more or less, in the SW '/ of the SW '/4 of Section 13, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the SW corner of said Section 13; thence N. 000 08' 11" W. (C.D.O.H. R.O.W. Plan = N. 000 09'30" W.) along the west line of said Section 13, a distance of 594.3 feet; thence N. 740 38'49" E. (C.D.O.H. R.O.W. Plan = N. 740 37' 30" E.), a distance of 703.38 feet; thence N. 010 37'03" W. (C.D.O.H. R.O.W. Plan = N. 01' 38' 22" W.), a distance of 100.00 feet to the true point of beginning, said point also being the NW corner of that property as described by Reception No. 80057553 of the Jefferson County records, said point also being on the south right of way line of S.H. 76 (Mar. 1986); 1. Thence N. 74° 38'49" E. (C.D.O.H. R.O.W. Plan = N. 74° 37'30" E.) along said northerly property line, a distance of 200.0 feet to the west right of way line of Marshall Street (Mar. 1986); 2. Thence N. 01' 37'03" W. (C.D.O.H. R.O.W. Plan = N. 01' 38'22" W.) along said west line, a distance of 42.68 feet; 3. Thence S. 77° 10'33" W. (C.D.O.H. R.O.W. Plan = S. 77° 09'14" W.), a distance of 198.06 feet; 4. Thence S. 01° 37'03" E. (C.D.O.H. R.O.W. Plan = S. 01° 38'22" E.), a distance of 51.67 feet, more or less, to the point of beginning. The above described parcel contains 9,165 sq. ft., more or less. Bearing rotation: 00° 01' 19" Lt. Reserving unto the grantor all right or rights of access to and from Interstate 76 (S.H. 76) across a line described above in Courses 2, 3, 4, and 5. Subject to a PUBLIC SERVICE COMPANY OF COLORADO easement as described on attached Exhibit "A". Also, subject to a 50.0 ft. wide permanent easement to READY MIXED CONCRETE COMPANY for ingress and egress as recorded in Book 1698, Page 130. EXHIBIT "A" A Parcel of land located in the SE 1/4 of Section 14 and the SW '/4 of Section 13 all in Township 3 South, Range 69 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the northerly right of way line of State Highway No. 76 (Feb. 1986) from which the E'/4 corner of said Section 14 bears N. 28° 38' 18" E., a distance of 1208.84 feet; thence S. 82° 01' 00" W. along the northerly right of way line of said State Highway No. 76, a distance of 122.94 feet; thence S. 60° 23' 30" E., a distance of 400.16 feet; thence S. 59° 38' 00" E., a distance of 1015.72 feet to the southerly right of way line of said State Highway No. 76; thence N. 74° 37' 30" E. along said southerly line, a distance of 187.94 feet; thence N. 71' 35' 00" E., a distance of 178.27 feet to the westerly right of way line of Marshall Street (Feb. 1986); thence N. 01' 38' 22" W. along the said westerly line of Marshall Street, a distance of 55.16 feet; thence N. 00° 35' 38" E. continuing along said westerly line of Marshall Street, a distance of 23.47 feet; thence S. 710 35' 00" W., a distance of 346.77 feet, thence N. 59° 38' 00" W., a distance of 995.46 feet; thence N. 60° 23' 30" W., a distance of 303.24 feet, more or less, to the point of beginning. Containing 2.93 acres. All bearings used in the above description are oriented to a modified Colorado Coordinate System (Central Zone).: 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 of Wheat Ridge 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 27th day of June, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, July 25, 2016 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2016. SIGNED by the Mayor on this day of 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: June 30, 2016 2nd publication: Wheat Ridge Transcript: Effective Date: UA a \ �' � �� �, I K� �11' �O city of �"J r / W heat Midge ITEM NO: 3, DATE: June 27, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2016 - AN ORDINANCE APPROVING A ZONE CHANGE FROM COMMERCIAL - ONE TO INDUSTRIAL -EMPLOYMENT FOR PROPERTY LOCATED AT 4949 MARSHALL STREET (CASE NO. WZ- 16-04 SIT MEANS SIT DENVER DOG TRAINING) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: ® ORDINANCES FOR IST READING (06/27/16) ❑ ORDINANCES FOR 2ND READING (07/25/16) ❑ NO City Manager ISSUE: This application is for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street. The zone change is the first step of the process for approval for redevelopment of this site under I -E zoning. The purpose of the request is to allow the use of the facility as a dog training and dog boarding facility, which also requires a special use permit (SUP). The processing of the SUP would occur following approval of the zone change request. PRIOR ACTION: The Planning Commission heard this request at a public hearing on June 16, 2016, and recommended approval of the zone change to Industrial -Employment. The staff report, minutes of the meeting and final recommendations by Planning Commission will be provided for the public hearing on July 25, 2016. FINANCIAL IMPACT: Fees in the amount of $883.75 were collected for the processing of Case No. WZ-16-04. Council Action Form — Zone Change for 4949 Marshall Street June 27, 2016 Page 2 BACKGROUND: Subject Property The property is located on Marshall Street between 49th Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. According to the Jefferson County Assessor, the property is two parcels and 29,159 square feet (approx. 0.669 acres) in size. The property is occupied by a 7,200 -square -foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property Surrounding Land Uses The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is partially encumbered with 100 -year floodplain. Current and Proposed Zoning The property is currently zoned Commercial -One (C-1). The C-1 zoning allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The applicants are requesting the property be rezoned to Industrial -Employment, a zone district intended to allow light industrial and commercial uses that support employment. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of any future site redevelopment. RECOMMENDED MOTION: "1 move to approve Council Bill No. 11-2016, an ordinance approving a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street on first reading, order it published, public hearing set for Monday, July 25, 2016 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY; Lisa Ritchie, Planner 11 Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2016 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2016 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM COMMERCIAL -ONE (C-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4949 MARSHALL STREET (CASE NO. WZ-16-04/SIT MEANS SIT DENVER DOG TRAINING) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Sit Means Sit Denver Dog Training has submitted a land use application for approval of a zone change to Industrial -Employment zone district for property located at 4949 Marshall Street; and, WHEREAS, the subject property is in an area currently undergoing change and redevelopment; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Sit Means Sit Denver Dog Training for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A tract or parcel of land No. 19RB of the State Department of Highways, Division of Highways, State of Colorado, Project No. 176-1(35) Sec. 1 containing 9,165 sq. ft., more or less, in the SW '/ of the SW '/ of Section 13, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the SW corner of said Section 13; thence N. 000 08' 11" W. (C.D.O.H. R.O.W. Plan = N. 00° 09'30" W.) along the west line of said Section 13, a distance of 594.3 feet; thence N. 740 38'49" E. (C.D.O.H. R.O.W. Plan = N. 74° 37' 30" E.), a distance of 703.38 feet; thence N. 01° 37'03" W. (C.D.O.H. R.O.W. Plan = N. 01 ° 38'22" W.), a distance of 100.00 feet to the true point of beginning, said point also being the NW corner of that property as described by ATTACHMENT 1 Reception No. 80057553 of the Jefferson County records, said point also being on the south right of way line of S.H. 76 (Mar. 1986); 1. Thence N. 740 38'49" E. (C.D.O.H. R.O.W. Plan = N. 74° 37'30" E.) along said northerly property line, a distance of 200.0 feet to the west right of way line of Marshall Street (Mar. 1986); 2. Thence N. 01 37'03" W. (C.D.O.H. R.O.W. Plan = N. 01 ° 38' 22" W.) along said west line, a distance of 42.68 feet; 3. Thence S. 77° 10'33" W. (C.D.O.H. R.O.W. Plan = S. 77° 09' 14" W.), a distance of 198.06 feet; 4. Thence S. 010 37'03" E. (C.D.O.H. R.O.W. Plan = S. 01 ° 38' 22" E.), a distance of 51.67 feet, more or less, to the point of beginning. The above described parcel contains 9,165 sq. ft., more or less. Bearing rotation: 000 01' 19" Lt. Reserving unto the grantor all right or rights of access to and from Interstate 76 (S.H. 76) across a line described above in Courses 2, 3, 4, and 5. Subject to a PUBLIC SERVICE COMPANY OF COLORADO easement as described on attached Exhibit "A". Also, subject to a 50.0 ft. wide permanent easement to READY MIXED CONCRETE COMPANY for ingress and egress as recorded in Book 1698, Page 130. EXHIBIT "A" A Parcel of land located in the SE '/4 of Section 14 and the SW '/a of Section 13 all in Township 3 South, Range 69 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the northerly right of way line of State Highway No. 76 (Feb. 1986) from which the E'/4 corner of said Section 14 bears N. 280 38' 18" E., a distance of 1208.84 feet; thence S. 820 01' 00" W. along the northerly right of way line of said State Highway No. 76, a distance of 122.94 feet; thence S. 600 23' 30" E., a distance of 400.16 feet; thence S. 590 38' 00" E., a distance of 1015.72 feet to the southerly right of way line of said State Highway No. 76; thence N. 740 37' 30" E. along said southerly line, a distance of 187.94 feet; thence N. 710 35'00" E., a distance of 178.27 feet to the westerly right of way line of Marshall Street (Feb. 1986); thence N. 01 ° 38' 22" W. along the said westerly line of Marshall Street, a distance of 55.16 feet; thence N. 000 35' 38" E. continuing along said westerly line of Marshall Street, a distance of 23.47 feet; thence S. 710 35'00" W., a distance of 346.77 feet; thence N. 590 38' 00" W., a distance of 995.46 feet; thence N. 600 23' 30" W., a distance of 303.24 feet, more or less, to the point of beginning. Containing 2.93 acres. All bearings used in the above description are oriented to a modified Colorado Coordinate System (Central Zone).: 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 of Wheat Ridge 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 27th day of June, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, July 25, 2016 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2016. SIGNED by the Mayor on this day of 2016. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney 1 St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: City of W heat R�gge PLANNING COMMISSION Minutes of Meeting June 16, 2016 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Dirk Boden Alan Bucknam r,. Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Amanda Weaver. Commission Members Absent: Staff Members Present: Lisa Ritchie, Planner I1 Mark Westberg, Engineering Project Supervisor Gerald Dahl, City Attorney Tammy Odean, Recording Secretary 3. NPLE460�FALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES —June 2, 2016 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of June 2, 2016, as written. Motion carried 6-0-2 with Commissioner BUCKNAM and WEAVER abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes June 16, 2016 B. Case No. WZ-16-04: an application filed by Sit Means Sit Denver Dog training, for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street. Ms. Ritchie gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Ritchie stated the Comprehensive Plan consi this property as an employment zone which will support industillal uses. There will be no physical redevelopment proposed at this time, only minor upgrades to the existing building. A Special Use Permit will be required to use the property as a dog training and dog boarding facility as the applicant intends. The zone change request responds to redevelopment in the area. There is a 50 -foot easement on the north end of the property to access the billboard sign and Xcel tower on the property to the west. There will likely be public improvements done in the ROW by the City once they are started on 4901 Marshall Street which will provide good access to Clear Creek Trail. The development standards are relatively similar between the C-1 and I -E zonings. There were no concerns from outside referral agencies. A neighborhood meeting was held on April 27. 2016 and there was only one attendee, the west property owner and there were no concerns. Staff supports this request and recommends approval. Commissioner BODEN asked if dog training is allowed in the C-1 zone district. Ms. Ritchie said dog boarding is notwed in C-1 and that is part of the application. Commissioner BUCKNAM asked about the zoning in the neighborhood and if the zoning across Marshall Street is still Commercial. Ms. Ritchie explained that some of it is C-1, but it is the parking area for Creekside Park. t` Chair OHM asked about the vacation of the ROW at 4901 Marshall Street. He wondered if the same should be done with this property and if not will there be any issues. Ms. Ritchie explained there should be not issues but assured Chair OHM that Public Works is looking into it. Anthony Bracciante, Sit Means Sit Dog Training 2050 Applewood Drive, Lakewood, CO Planning Commission Minutes June 16, 2016 Mr. Bracciante explained the northern part of the property where the easement is located is not allowed for any development and will be used as an access easement only. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend APPROVAL of case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial - Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and welfare of the community. 2. The proposed zone change is consistent with the goals and objective of the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. Motion carried 8-0. C. Case No. ZOA-16-01: an ordinance amending sections 11-218, 11-293, 11-401, 11-404, 11-415, 26-204, 26-640 of the Wheat Ridge Code of Laws to adopt regulations governing medical marijuana testing facilities. Mr. Dahl gave a brief explanation about medical marijuana testing facilities and this ordinance amending portions of the zoning code. This is a new form of licensing done both locally and by the state and should be allowed as a use by right. There are standards for these facilities that need to be regulated, and that is why the Wheat Ridge Code of Laws needs to be amended. Commissioner WEAVER asked for an explanation of why the testing is being done. Mr. Dahl explained the medical marijuana will be tested for contaminants and reviewed the process for testing as stated in Senate Bill 15-260 which is found in the Agenda Packet. Chair OHM questioned if the facility could be more than a lab and maybe a grow lab. Mr. Dahl stated if a testing facility also includes a grow, then it would be subject to the marijuana cultivation use chart. Chair OHM also asked who can access the facility to have marijuana tested. Planning Commission Minutes -6— June 6June 16, 2016 WZ-16-04 /Sit Means Sit 4949 Marshall Street Approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) Planning Commission June 16, 2016 . G Aerial : 4949 Marshall Street `i -E Pp - Current Zoning Aerial : 4949 Marshall Street Comprehensive Plan Rezone Request Zone Change from Commercial -One to Industrial -Employment • No redevelopment of the site is proposed at this time; • A Special Use Permit is also required to use the property as the applicant intends, as a dog training and dog boarding facility. • Request responds to redevelopment in the area. a .! L Rommuww 4949 Marshall Street r� 4949 Marshall Street 4949 Marshall Street eW 01 VOWWW'd 4949 Marshall Street Comparison of Development Standards Development C-1 Zoning I -E Zoning Standard Commercial uses, including Commercial and light Uses office, service and retail, no industrial uses light -industrial Architectural ASDM ASDM Standards Max. Bldg. Height 50 feet 50 feet Max. Lot Coverage 80% 85% Min. Landscaping 20% 15% Setbacks 50 feet 10 feet Front 10 feet, plus 5 feet per story 10 feet, plus 5 feet per story Rear setback 5 feet per story, except 5 feet per story, except Side setbacks nonflammable nonflammable Agency Referrals and Neighborhood Meeting No concerns from all referral agencies: Xcel Energy: Must maintain easement for access to facility on rear adjacent property Neighborhood Meeting3: • April 27, 2016 • One Attendee, no concerns Staff Recommendation Staff concludes: — Promotes the health, safety and general welfare of the community, with no significant adverse effects. — Zone change to I -E is supported by adopted plans. — Zone change responds to redevelopment in the area — I -E is compatible with the surrounding area Staff recommends APPROVAL of the request City of �Whcat �id� eMUMTY DEVELOPMENT -' g CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPLICANT: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE MANAGER: L. Ritchie June 16, 2016 WZ-16-04 Approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) 4949 Marshall Street Lloyd Kiper Sit Means Sit Denver Dog Training 0.67 acres Commercial -One (C-1) Employment CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP I. REQUEST This application is for approval of a zone change from Commercial -One to Industrial - Employment for property located at 4949 Marshall Street. The zone change is the first step of the process for approval for redevelopment of this site under I -E zoning. The purpose of the request is to allow the use of the facility as a dog training and dog boarding facility, which also requires a Special Use Permit (SUP). The processing of the SUP would occur following approval of the zone change request.(Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located on Marshall Street between 49`h Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2"d Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is partially encumbered with 100 -year floodplain. According to the Jefferson County Assessor, the property is two parcels and 29,159 square feet (approx. 0.669 acres) in size. The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property. (Exhibit 2, Zoning Map; Exhibit 3, Aerial Photo; Exhibit 4, Site Photos) III. PROPOSED ZONING The applicant has the property under contract, and is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel tower. The proposed business model for this training facility includes group classes, one-on-one meetings, and a boarding and training program. At this time, no redevelopment of the site is proposed, but this applicant or a future owner could redevelop under the Industrial -Employment uses and standards if the zone change is approved. Public Works has identified this property frontage as an opportunity to apply funds to construct public improvements, including curb, gutter and sidewalk. The property owner would be responsible for maintaining any new landscaping that is installed. The following table compares the existing and proposed zoning for the property: Planning Commission 2 WZ-16-04/Sit Means Sit Denver Dog Training Development Standard Commercial -One (C-1) Industrial -Employment (I -E) Commercial uses, including Uses office, service and retail. No Commercial and light industrial light -industrial uses As determined by the As determined by the Architectural Standards Architectural and Site Design Architectural and Site Design Manual (ASDM) Manual ASDM) Max. Building Height 50'-0" 50'-0" Max. Lot Coverage 80% 85% Min. Landscaping 20% 15% Setbacks Front 50' 10' Rear setback 10', plus 5' per story 10', plus 5' per story Side setbacks 5' per story, except zero may 5' per story, except zero may be be permitted where masonry or permitted where masonry or nonflammable materials are nonflammable materials are used. used. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The development standards in the two zone districts are similar, and the past use of the property has been more consistent with I -E zoning through the prior approved Special Use Permit. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. Prior to any redevelopment, a site plan review application will be required. This application will include Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training a referral to all impacted utility agencies. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: a. 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. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as an Employment zone, which is a designation intended to support existing industrial uses and encourage efficient redevelopment. Goals met with the proposal include the diversification of local employment and the maintenance of a resilient tax base. Staff concludes that this criterion has been met. Planning Commission 4 WZ-16-04/Sit Means Sit Denver Dog Training b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. In 2015, the property to the immediate south was rezoned to the I -E zone district, and in 2016 a Planned Building Group was approved for its redevelopment into a self -storage facility. This application responds to the changing character of the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on April 27, 2016. One neighboring property owner attended and the proposed zone change was discussed and use was discussed. No concerns were expressed during the meeting. (Exhibit 5, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: Supports the request. West Metro Fire Protection District: No concerns at this time. Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Wheat Ridge Water District: No comments. Wheat Ridge Public Works: No concerns with the zone change. Public Works may install public improvements along the property frontage. Wheat Ridge Sanitation District: No concerns with the zone change. Xcel Energy: Notes that an existing transmission line is accessed via this property. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change responds to redevelopment in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-16-04. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request." Option B: "I move to recommend DENIAL of Case No. WZ-16-04, a request for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street, for the following reasons: 1. 2. Planning Commission 6 WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 1 — Applicant letter 4949 Marshall Street, Wheat Ridge, CO 80033 Histo Sit Means Sit Denver has been training dogs along the Front Range for over 13 years. In 2009 I bought the business I had been working in for 6 years. Originally, the business model was mobile, training and visiting people at home. In 2008 we began operating out of a veterinary hospital where we have run, incident free, since that time. We have grown to a point where we need our own space and flexibility for training; last year we trained over 500 dogs. We're in the business of creating happy, obedient and reliable dogs even around severe distractions! This property has a roughly 7200 square foot steel, insulated building, and enough outdoor property to allow for training, exercising and caring for the dogs both inside and out of the building. The property is, and would remain, fenced, has ample parking and a small area to allow the dogs to eliminate. There is an easement to allow access to the neighboring property to the west, as well as allowing utility access to the electrical tower beyond this plot. The footprint of the building will remain the same. The exterior would be simple cosmetic upgrades to the finishes, signage, windows, lighting and parking lot clean up. There would also be repairs and reinforcement of fencing and gate access. The majority of the interior, perhaps two thirds, is wide open. The front third includes offices, restrooms, break, utility and storage rooms as well as a mezzanine level office that overlooks with main open 'training' area in the second third of the building. The second third is what we would use as the main training area. In this space we would conduct private and group lessons with enough space to work with more than one client simultaneously. There is also a full size garage door to gain access to the north side, outdoor, fenced area in good weather. The rear third of the building is separated by one complete interior wall between it and the main training area, with a full size garage door between the rooms. There's another full size garage door granting access to the outdoor area to the north. This space is ideal as a kennel area for the boarding dogs and for training those dogs separate from client lessons. Additionally, there is a separate rear door on the west wall that would allow access to the small exercise / elimination area. Planning Commission 7 WZ-16-04/Sit Means Sit Denver Dog Training The changes to the interior would include cosmetic finishes, plumbing additions and upgrades to allow for clean up and more water access, security and lighting. There could be additional HVAC and office expansions as needed. Our business model offers potential clients the opportunity to visit us on site with their dogs for a free evaluation and consultation. We offer private on site training sessions, in-home private training sessions, and on site group class sessions. We also offer Board and Train packages where we would keep, house on site, and train the dogs within the facility for a recommended time (usually a week). Clients would then follow up with private and group sessions as described. Our staff will include limited office staff, sales trainers, boarding trainers and kennel staff. We currently have four, full-time sales trainers but once we begin boarding dogs, we will need additional full and part-time staff to cover the dogs being with us seven days a week. The free consultation is scheduled as an hour meet and greet with a sales trainer and a potential client to establish needs and suggest the best program for success. These consults would be conducted in small conference rooms within the building. Private lessons would be conducted both in and out of the building depending on weather. They are scheduled for an hour, with one trainer per family, using natural distractions and other dogs to improve obedience and focus. Our group classes could range in size from several to as many as twenty-five dogs. We offer these classes a few times a week and it would likely be the only times there would be a spike in entry, parking and exit from the property. Currently in our boarding program, our trainers have been taking boarding dogs home with them, even on their days off. We want to grow that program by housing the dogs at the facility. Our most popular program is a seven-day period where we work very hands on with the dogs to give them a 'jump start' to their training. Boarding trainers and sales trainers would conduct training without the owners, then follow up lessons with the owners would include private and group classes. The kennel staff will care for the feeding, bedding, cleaning and general needs of the dogs. Equipment could include some agility obstacles, crates, storage, shading structures and other items standard in dog obedience training. Access and Hours Internally, we'll need access to the building and property 24 hours per day. Kennel staff will normally be available to care for the dogs from roughly 7AM to 9PM every day. Planning Commission 8 WZ-16-04/Sit Means Sit Denver Dog Training Office staff will operate Monday through Friday from 9AM to 6PM. Our normal client operating hours will likely be from 11AM to 8PM weekdays, and 9AM to SPM Saturdays. Most clients will be scheduled for one-hour sessions. The number of lessons running concurrently will be limited to the number of trainers available at that time. Planning Commission 9 WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 2 — Zoning Map Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 3 — Aerial Photo Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 4 — Site Photos Looking south at the subject property frontage Planning Commission WZ-16-04/Sit Means Sit Denver Dog Training Exhibit 5 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: April 27, 2016 Lisa Ritchie, Planner II Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29h Avenue Wheat Ridge, CO 80033 4949 Marshall Street Lloyd Kiper No Anthony Bracciante Yes Commercial -One (C-1) Employment Existing Site Conditions: The property is located on Marshall Street between 49`h Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R- 2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is encumbered with 100 -year floodplain. . According to the Jefferson County Assessor, the property is just shy of 20,000 square feet (approx. 0.458 acres). The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and Planning Commission 14 WZ-16-04/Sit Means Sit Denver Dog Training paint work on the property Applicant/Owner Preliminary Proposal: The applicant is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel tower. The proposed business model for this training facility includes group classes, one-on-one meetings, and a boarding and training program. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, one adjacent property owner attended, Mr. Tom Abbott. • Staff explained the reason for the Zone Change and Special Use Permit, and the process that could be forthcoming for both applications. • Mr. Bracciante explained his intended business operations and how he intends to use the property. • Mr. Bracciante and Mr. Abbott discussed the existing easement on the property and existing fencing. At this time, Mr. Abbott expressed no concerns about the proposal. Planning Commission 15 WZ-16-04/Sit Means Sit Denver Dog Training :��Wh6atRj City of dge UNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.13) June 1, 2016 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-16-04, an application filed by Sit Mean Sit Denver Dog Training for approval of a zone change from Commercial -One (C-1) to Industrial -Employment (I -E) for property located at 4949 Marshall Street. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission June 16 2016 (i) 7.00 p.m., Citv Council July 25, 2016 I) 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 have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals 1vith disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Maureen Harper, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.d.w heatridge.coms r' _= 1 1 1 of •Y �I r 5mllr. " \.`� ��-. �l i7 � `r�� � — � lel' �. ii.�► mlinx � 1=0475- 04901 an ABBOTT THOMAS L ABBOTT ISABEL I KIPER LLOYD R KIPER PENNY A MARSHALL 76 LLC 10780 W 35TH AVE 8705 W ELMHURST AVE PO BOX 247 WHEAT RIDGE CO 80033 LITTLETON CO 80128 EASTLAKE CO 80614 ROYAL INVESTMENT ENTERPRISES LLC STEFANICH DAVID A 4896 MARSHALL ST 6300 W 49TH DR B WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 11 City of ]��WheatR,,�ge MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. June 6, 2016 Mr. Anthony Bracciante Sit Means Sit Denver Dog Training 8308 Church Ranch Blvd. Westminster, CO 80021 Re: WZ-16-04 — Is` Review Dear Mr. Bracciante: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your application for approval of a zone change to Industrial -Employment for property located at 4949 Marshall Street. 1 have reviewed the first submittal and have no requests for additional information at this time. The following referral agencies provided comments: Wheat Ridge Public Works: See attached comments from Dave Brossman dated May 18, 2016. West Metro Fire District: See attached comments from Bruce Kral dated May 17, 2016. Wheat Ridge Water District: No comments received to date. If comments are received, they will be forwarded. Wheat Ridge Sanitation District: See attached comments and details from Bill Willis dated May 17, 2016. Wheat Urban Renewal Authority /Economic Development: See attached comments from Steve Art dated May 12, 2016. Wheat Ridge Police Department: No comments received. Century Link: No comments received. Comcast Cable: No comments received. Xcel: See attached comments from Donna George dated May 19, 2016. Wheat Ridge Building Division: No comments received. All comments are provided as an attachment to this memo. Please let me know if you have any questions. Sincerely, Lisa Ritchie, Planner II 303-235-2852 Iritchie@ci.wheatridge.co.us cc: Case files (WZ-16-04) Enclosures 2 City of Community Development 7500 West 29th Avenue �MUNiTir Deaf EVELOPMEN�gc Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: May 12, 2016 Response Due: May 25, 2016 The Wheat Ridge Community Development Department has received a request for approval of a Zone Change and Special Use Permit at 4949 Marshall Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-16-04 and SUP -16-01 Request: The applicant is requesting a zone change from Commercial One (C-1) to Industrial - Employment (I -E) and a Special Use Permit to operate a dog training and kennel facility. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Lisa Ritchie Phone: 303.235.2852 Email:Iritchie@ci.wheatridge.co.us Fax: 303.235.2857 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District West Metro Fire District Wheat Ridge Post Office Wheat Ridge Police Department Xcel Energy Century Link Comcast Cable Colorado Department of Transportation Wheat Ridge Economic Development Wheat Ridge Public Works Wheat Ridge Parks and Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division 176 ON WB RAMP ul Mimi 0.1 From: Cross, Marilyn To: Lisa Ritchie Cc: Bradley Sheehan; Steven Loeffler - CDOT Subject: CDOT Referral Comments Case No. WZ-16-04 and SUP -16-01 - Change and Special Use Permit at 4949 Marshall Street Date: Monday, May 16, 2016 8:52:38 AM The Colorado Department of Transportation Region 1 has reviewed the referral for Sit_ Mead Sit Dog TrainingFacility at 4949 Marshall Street CDOT has no objections to this proposal. Although the site is adjacent to the Interstate, access to the site is from a local street and it should have negligible impact to any state highways in the area. It appears that no construction will be needed on any state or federal property. However any proposed construction, utility, survey, or landscaping work within CDOT right-of-way will require a Special Use Permit issued by the Colorado Department of Transportation. Thank you for allowing us the opportunity to review this referral. If you have any additional questions or concerns, please feel free to contact me at the number listed below or simply reply to this message. Marilyn Cross, AICP Access Manager Permits Unit U P 303.512.4266 1 C 303-514-5992 1 F 303.757.9886 2000 S Holly, Denver, CO 80222 marilyn.crossostate.co.us I Link to Access Permits I www.codot.gov ago ♦�A4 City of W heat Ridge PUBLIC WORKS Memorandum TO: Lisa Ritchic. Planner II FROM: Dave Brossman. Development Review Engineer DATE: May 18, 2016 SUBJECT: WZ-16-04 & SUP -16-01/ Sit Means Sit, 4949 Marshall Street I have completed my review for the request to rezone the property at 4949 Marshall Street from Commercial One (C-1) to Industrial -Employment (I -E) and a Special Use Permit to operate a dog training and kennel facility received on May 12, 2016, and 1 have the following comments: l . It does not appear that the current rezoning proposal entails any site changes which could trigger traffic or drainage requirements. Therefore, Public Works has no comments at this time pertaining to the rezone and SUP request. 2. Please note the following pertaining to Public Improvements and Amenity Zone: a. No public improvements exist across the property frontage. b. Since the property to the south is under development and no public improvements are required with the current proposal, Public Works feels it would be in the best interest of the community for the City to construct the improvements across the frontage of the subject property. This will provide a connection from the southerly property to the existing improvements at the Clear Creek greenbelt trail access. c. Public Works is going to research the property records to see if there is adequate Right -of -Way to construct the improvements. If it is determined that additional ROW is needed, the owner may be asked to dedicate a strip across the frontage to allow the City of Wheat Ridge to construct and maintain the improvements. d. Since the 6' wide sidewalk will be detached from the curbing with a 6' wide amenity zone in between, the property owner will be asked to provide and maintain (irrigated) landscaping within the 6' wide amenity zone. To Lisa - Sit Means Sit_4949 Marshall St_Re-Zone_Review-l.docx From: Steve Art To: Lisa Ritchie Subject: RE: Referral - WZ-16-04 & SUP -16-01 Date: Thursday, May 12, 2016 4:29:17 PM Attachments: imaae003.foa imaae001.foo Economic Development believes this is a good use of the property and supports the project Steve Art Economic Development & Urban Renewal Manager Direct: 303-235-2806 Cell: 720-454-9040 From: Lisa Ritchie Sent: Thursday, May 12, 2016 2:56 PM To: Steve Art <sart@ci.wheatridge.co.us> Subject: Referral - WZ-16-04 & SUP -16-01 Steve, The Wheat Ridge Community Development Department has received a request for approval of a Zone Change and a Special Use Permit at 4949 Marshall Street (Case Nos. WZ-16-04 and SUP -16-01). Please download the application documents from the City drive: Folder: V:\Community Develo ment\ Land Use Case Referral File name: WZ-16-04 & SUP -16-01 4949 Marshall Street Comments are due by May 25, 2016, no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you. Lisa Ritchie Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2852 Fax: 303-234-2852 www.co.wheatridae.co.us CONFIDENTIALITY NOTICE: This c -mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail. attaching the original message, and delete the original message from your computer. and any network to which your computer is connected. Thank you. 433 S. Allison Parkway Lakewood, CO 80226 Bus: (303) 989-4307 Fax: (303) 989-6725 www.westmetrofire.org West Metro Fire Protection District Lisa Ritchie Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2852 Fax: 303-234-2852 www.ci.wheatridge.co.us Re: Case #WZ-16-04 and SUP -16-01 (4949 Marshall Street) Dear Ms. Ritchie, May 17, 2016 This property is within the West Metro Fire Protection District (WMFPD). Fire service will be provided as long as provisions of the International Fire Code, 2012 edition, including amendments, are met in development. WMF'PD has no comments or concerns for this rezoning. The tenant improvement plans will need to be assessed for fire protection requirements. The change in use and occupancy will require that a fire hydrant is placed on-site at the driveway entrance from Marshall Street. All exterior portions of a building must be within 400 feet of a fire hydrant (2012 IFC 507.5.1). The closest existing fire hydrant at West 49th Avenue and Lamar Street is approximately 700 feet from the front of the existing metal building via the drive path of a fire apparatus. Permits are required from the fire district for tenant improvements, all work on automatic fire protection systems, all work on automatic fire detection systems, underground fire line, solar photovoltaic systems, radio amplification, and for the storage of hazardous materials. WMFPD reserves the right to provide additional comments/requirements at the time when plans are submitted and reviewed per applicable codes and amendments. If you have any questions contact me at 303-989-4307 extension 513 or e-mail: bkral(a)w estmetrofire. ori. Respect , Bruce Kral Fire Marshal "Whatever It Takes".. To Serve MARTIN/MARTIN CONSUILTING ENGINEERS May 17, 2016 Lisa Ritchie City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge CO 80033 Email: lritchie@ci.wheatridge.co.us Re: Wheat Ridge Sanitation District — 4949 Marshall Street — WZ-26-04 and SUP -16-01 Martin/Martin, Inc Project No.: 17456.C.01 Dear Ms. Ritchie, On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated May 121'', 2016 concerning request for a zone change and special use permit for a dog training and kennel facility at 4949 Marshall Street. The Wheat Ridge Sanitation District has no objections with the proposed request conditional on the items identified herein are fully addressed. The following are general requirements for sanitary sewer service. The subject lot is entirely within the service and boundary area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by Metro Wastewater Reclamation District. Existing District Sanitary Sewer Mainline(s) Wheat Ridge Sanitation District has the following sanitary sewer mains adjacent to the proposed property: • 8 -inch mainline running north to south, east of the referenced property within Marshall Street. It appears the property may be serviced by gravity flow; however, the homeowner/developer is responsible for determining depths of the existing sanitary sewer main to verify if gravity flow is feasible or if a private individual sewage ejector (lift station) is required. The issuance of a sewer tap permit by the District does not in any way guarantee that the property can be served by gravity flow. Certified design documentation indicating the amount of flow and anticipated loadings (BOD, SS, TKN) that the training and kennel facility will contribute to the sanitary system is required to initially evaluate if the existing sanitary sewer system has sufficient downstream capacity and if pretreatment will be required. Depending on values of anticipated flow, the Owner/Developer may be required to evaluate downstream sanitary mainline capacity to show the anticipated peak flows can be accommodated by the existing main. Additionally, tap/development and service fees may be affected by the flow characteristics. Please note that Metro Wastewater Reclamation District's Rules and Regulations must be complied with at all times, especially refer to Section 6 "Pretreatment/Industrial Waste Control". As has been seen with several similar facilities, often deleterious matter is disposed of through the sanitary system. A separator (external to the building) of sufficient size to mitigate clogging of the service and mainline may be required in addition to pre-treatment requirements. Costs The amount of the sanitary sewer tap fees will be based on the water meter tap size and potentially water characteristics for the proposed development. When the certified water tap size(s) is received, a tap fee document can be produced indicating tap fees required for connection to the sanitary sewer collection system, including any credits MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTINMARTIN.COM Wheat Ridge Sanitation District —4949 Marshall Street — WZ-26-04 and SUP -16- 01 May 17, 2016 that may be available. In addition, engineering review fees may be required to be deposited in advance by the developer to the District. All costs involved are to be deposited in advance— engineering, reviews, design, construction, observation and inspections — are the responsibility of the Owner/Developer at the then current rate fee structure. Please be aware that proper tap and development fees are required to be paid prior to connection to the District main. A minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can be paid directly to the District Office prior to connection, payable to Wheat Ridge Sanitation District, which also collects Metro Wastewater's "connection fees". Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, Bill Willis, PE Cc: Sue Matthews — Wheat Ridge Sanitation District Page 212 XcelEnergy SM Right of Way & Permits 1123 West 3"' Avenue PUBLIC SERVICE COMPANY Denver. Colorado 80223 Telephone 303.571.3306 Facsimile: 303. 571.3524 donna.I.george@xcelenergy.com May 19, 2016 City of Wheat Ridge Community Development 7500 West 291h Avenue Wheat Ridge, CO 80033 Attn: Lisa Ritchie Re: 4949 Marshall Street, Case #s WZ-16-04 and SUP -16-01 Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined there is a conflict with the above captioned project. Public Service Company has existing electric transmission lines and associated land rights as shown within this property. Any activity including grading proposed landscaping erosion control or similar activities involving our existing right-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner/ developer/contractor to contact Mike Diehl, Siting and Land Rights Manager at (303) 571- 7260 to have this project assigned to a Land Rights Agent for development plan review and execution of a License Agreement. Please be aware PSCo owns and operates existing natural gas and electric distribution facilities within the subject property. The property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 or https://xcelenergy.force.com/FastApp (Register so you can track your application) and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303-571-3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Legal Description for 4949 Marshall Street A tract or parcel of land No. 19RB of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 76-1(35) Sec. 1 containing 9,165 sq. ft., more or less, in the SW of the SW % of Section 13, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the SW corner of said Section 13; thence N. 00' 08' 11" W. (C.D.O.H. R.O.W. Plan = N. 00° 09' 30" W.) along the west line of said Section 13, a distance of 594.3 feet; thence N. 74. 38'49" E. (C.D.O.H. R.O.W. Plan = N. 74* 37' 30" E.), a distance of 703.38 feet; thence N. 01' 37' 03" W. (C.D.O.H. R.O.W. Plan = N. 01' 38' 22" W.), a distance of 100.00 feet to the true point of beginning, said point also being the NW corner of that property as described by Reception No. 80057553 of the Jefferson County records, said point also being on the south right of way line of S.H. 76 (Mar. 1986); 1. Thence N. 74' 38' 49" E. (C.D.O.H. R.O.W. Plan = N. 74' 37'30" E.) along said northerly property line, a distance of 200.0 feet to the west right of way line of Marshall Street (Mar. 1986); 2. Thence N. 01' 37' 03" W. (C.D.O.H. R.O.W. Plan = N. 01° 38' 22" W.) along said west line, a distance of 42.68 feet; 3. Thence S. 77° 10' 33" W. (C.D.O.H. R.O.W. Plan = S. 77° 09' 14" W.), a distance of 198.06 feet; 4. Thence S. 01' 37' 03" E. (C.D.O.H. R.O.W. Plan = S. 01' 38' 22" E.), a distance of 51.67 feet, more or less, to the point of beginning. The above described parcel contains 9,165 sq. ft., more or less. Bearing rotation: 00' 01' 19" Lt. Reserving unto the grantor all right or rights of access to and from Interstate 76 (S.H. 76) across a line described above in Courses 2, 3, 4, and 5. Subject to a PUBLIC SERVICE COMPANY OF COLORADO easement as described on attached Exhibit "A". Also, subject to a 50.0 ft. wide permanent easement to READY MIXED CONCRETE COMPANY for ingress and egress as recorded in Book 1698, Page 130. EXHIBIT "A" A Parcel of land located in the SE % of Section 14 and the SW % of Section 13 all in Township 3 South, Range 69 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the northerly right of way line of State Highway No. 76 (Feb. 1986) from which the E N corner of said Section 14 bears N. 28' 38' 18" E., a distance of 1208.84 feet; thence S. 82° 01' 00" W. along the northerly right of way line of said State Highway No. 76, a distance of 122.94 feet; thence S. 60' 23' 30" E., a distance of 400.16 feet; thence S. 59' 38' 00" E., a distance of 1015.72 feet to the southerly right of way line of said State Highway No. 76; thence N. 74' 37' 30" E. along said southerly line, a distance of 187.94 feet; thence N. 71' 35' 00" E., a distance of 178.27 feet to the westerly right of way line of Marshall Street (Feb. 1986); thence N. 01' 38' 22" W. along the said westerly line of Marshall Street, a distance of 55.16 feet; thence N. 00` 35' 38" E. continuing along said westerly line of Marshall Street, a distance of 23.47 feet; thence S. 71' 35'00" W., a distance of 346.77 feet; thence N. 59' 38' 00" W., a distance of 995.46 feet; thence N. 60' 23' 30" W., a distance of 303.24 feet, more or less, to the point of beginning. Containing 2.93 acres. All bearings used in the above description are oriented to a modified Colorado Coordinate System (Central Zone). M Si WNa r U OB•B-OBB COC BI IOB '00 'BI1%>l"-A PoMI lV�Imoy 6BZOT 8utdaung �q Bailaav8ug I.7 f ! f!)it 1 ru Y 1 N 1 \ � 1 1 CCMOOggIOO'ao01tl1r91M aam"TMHWMIe1M aVCEUVOma�alwa i s NOlidlaOS3G1 ` 1 31Y0 i138Wt1N A -MUM BUUGI1YlY1�8VnaTV M Si -STREET —�C/) -- — V� N ,a / < N o ■� a00 3 00•(R&M)TAI Uj M to LU a 6050) J � v 1 \ \ 1 WNa r U iff I.7 QLn N 1 \ 1 N 1 \ � 1 1 -STREET —�C/) -- — V� N ,a / < N o ■� a00 3 00•(R&M)TAI Uj M to LU a 6050) J � v 1 \ \ 1 WNa r U iff I.7 QLn N a NomN" 1+1 z O 1n k. xO o I\ i s W UE: •`e'U 11155 5j8 o Y W E_ =M=O sr- 55=ge ~ W�xF \ \\ 4 � ••� 605 Q mow= z �H .z \ \\ ca�z \ O \ ,•a -4,2: \ 1 C, F $ \ d w z a! Oz m O W E. U E—I O LL N -STREET —�C/) -- — V� N ,a / < N o ■� a00 3 00•(R&M)TAI Uj M to LU a 6050) J � v 1 \ \ 1 WNa r U iff _\ 1 \ i O) QLn N a co 1 �\ 1n 111 UNQ i s 1 N N \\ N 11155 5j8 o Y W I aM O sr- 55=ge 11 4 � ••� 605 (R) 51 §� o� \ gil iff pp a 1�1 pp �b t4 s� a. 0 €€ 11155 5j8 o Y f= ICs. 1!a��: sr- 55=ge lei yi sl \J ' gil iff pp a pp �b t4 s� a. 0 €€ 11155 5j8 o Y f= ICs. 1!a��: sr- 55=ge lei yi sl ' gil iff i i I fill pp �b t4 g b aHO a. b p pp CCC g g b aHO a. Recorded at — �` RercpdLm No I 1 G W N U U O N o'clock M QUIT CLAIM DEED THIS DEED, Made L'ris 22nd day of September 19 86, between STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO of the City and 'County of Denver and State of Colorado, grantor(s), and LLOYD R. KIPER and PENNY A. KIPER, J.T. whose legal address is 7657 Lamar, Arvada, CO 80003 RECORDED IN COUNTY OF JEFFERSON . STATE OF COLORADO . RECEPTION NO. 86130832 10/24/86 14:15 — ?.Go of the County of Jefferson and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ONE DOLLAR ($1.00) and, other good and valuable considerations XAUTAM the receipt and sufficiency of which is hereby acknowledged, ha S remised, released, sold, conveyed and QUrr CLAIMED, and by these presents does remix, release, sell, convey and QUIT CLAIM unto the grantee(s), its A*e=, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha s in and to the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: A tract or parcel of land No. 19RB of the State Department of Highways, Division of Highways, State of Colorado, Project No. I 76-1(35) Sec. 1 containing 9,165 sq. ft., more or less, in the SW 1/4 of the SW 1/4 of Section 13, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the SW corner of s$id Section 13; thence N. 000 08' 11" W. (C.D.O.H. R.O.W. Plan = N. 00 09' 30" W.) along tP west line of said Section 13, a distancS of 594.3 feet; thence N. 74 - 38' 49" E. (C.D.O.H. ,0 W. Plan = N. 74 37' 30" E.), a distanceof703.38 feet; thence N, 01 37 03" W. (C.D.O.H. R.O.W. Plan = N. 01 38 22" W.)-; a distance of 100.00 feet to the true point of beginning, said point also being the NW corner cf that property as described by Reception No. 80057553 of the Jefferson County records, said point also being on the south right of way line of S.H. 76 (Mar. 1986); 1. Thence N. 740 38' 49" E. (C.D.O.H. R.O.W. Plan = N. 740 37' 30" E.) along said northerly property line, a distance of 200.0 feet to the west right of way line of Marshall Street (Mar. 1986); 2. Thence N. 010 37' 03" W. (C.D.O.H. R.O.W. Plan = N. 010 38' 22" W.) along said west line, a distance of 42.68 feet; 3. Thence S. 770 10' 33" W.(C.D.O.H. R.O.W. Plan = S. 770 09' 14" W.), a distance of 198.06 feet; 4. Thence S. 010 37' 03" E. (C.D.O.H. R.O.W. Plan = S. 010 38' 22" E.), a distance of 51.67 feet, more or less, to the point of beginning. The above described parcel contains 9,165 sq. ft., more or less. Bearing rotation: 000 01' 19" Lt. Air,•{ ;r..L•:illni. ttE/SE ASAILTD: Y.:; If4s of the MA. of CobraOa 42a: f ^' ,::u :rts AWN I �If io Dcnvcr, inun "City and." D11W. "Or—'o 39•-22 _ (Continued) AT(Et;l)Dtt: Right of WRY Sid No. 756. R". 12.85. QL,Tr CLAIM D® aradfa wblisn;ng. 5W w. 6d7 Ase.. L b—I. Co =4—(303)2T3. 9 I/,3 Proi No. 1 76-1(36) Sec. 1 76 Extension Wadsworth - Sheridan Parcel No. 19RA Page Two Bearing rotation: 00° 01' 19" Lt. Reserving unto the grantor all right or rights of access to and from Interstate 76 (S.H. 76) across a line described above in Courses 2, 3, 4, and 5. Subject to a PUBLIC SERVICE COMPANY OF COLORADO easement as described on attached Exhibit 'A". Also, subject to a 50.0 ft. wide permanent easement to READY MIXED CONCRETE COMPANY for ingress and egress as recorded in Book 1698, Page 130. EXHIBIT "A" A parcel of land located in the SE 1/4 of Section 14 and the SW 1/4 of Section 13 all in Township 3 South, Range 69 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the northerly right of way line of State Highway No. 7 (Feb. 1986) from which the E 1/4 corner of said Sectir 14 bears N. 28 38' 18" E., a distance of 1208.84 feet; thence S. 82 01' 00" W. along the northerly right of way line of said State Highway No. 76, a distance of 122.94 f8et; thence S. 60' 23- 30' E., a distance of 400.16 feet; thence S. 59 38' 00" E., a distance of 1015.72 feet to ths southerly right of way line of said State Highway No. 76; thence N. 74 37' 30" E. along said southerly line, a distance of 187.94 feet; thence N. 71° 35' 00" E., a distance of 178.27 feet to thewesterlyright of way line of Marshall Street (Feb. 1986); thence N. 01 38" 22" W. along the said westgrly line of Marshall Street, a distance of 55,16 feet; thence N. 00 35' 38" E. continuing along said westerly line of Marshall Street, a distance of 23.47 0 feet; thence S. 71° 35' 00" W., a distance of 346.77 fSet; thence N.-59° 38' 00" W., a distance of 995.46 feet; thence N. 60 23' 30" W., a distance of 303.24 feet, more or less, to the point of beginning. Containing 2.93 acres. All bearings used in the above description are orientated to a modified Colorado Coordinate System (Central Zone). also 4ma fe byShvet—md-nerrtberm TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges tbereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claire whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its X t3mt and. assigns forever. IIS' WITNESS WHEREOF, The grantor(s) ha s executed this deed on the date set forth above. ATTEST: STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS UTF OF Ml QPAnn T. A. LARIMER, Chief Clerk pp By: oft ROBM L. CLEV NG ; Chief Engineer SIATE OF COLORADO, C i ty Countyof Denver JJ The foregoing instrument was acknowledged before me this 22nd day of September 1986 by Robert L. Clevenger, Chief Engineer, and T. A. Larimer, Chief Clerk, for the State Department of Highways, Division of Highways, State of Colorado. Witness my hand and official sea?. My commission expires March 13 '19 90. ty 1 E. Arkansas'-- AFTER RECORDING pLEASr_ MAIL -TM Tt2 DepartnEnt of Higtrways of the 9tatp o(Cok Highway Office Building - 4201 East AA Avan.. Denver, Ccloradn 50222 ATTENTION: RiEht of Way $cdion TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges tbereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claire whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its X t3mt and. assigns forever. IIS' WITNESS WHEREOF, The grantor(s) ha s executed this deed on the date set forth above. ATTEST: STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS UTF OF Ml QPAnn T. A. LARIMER, Chief Clerk pp By: oft ROBM L. CLEV NG ; Chief Engineer SIATE OF COLORADO, C i ty Countyof Denver JJ The foregoing instrument was acknowledged before me this 22nd day of September 1986 by Robert L. Clevenger, Chief Engineer, and T. A. Larimer, Chief Clerk, for the State Department of Highways, Division of Highways, State of Colorado. Witness my hand and official sea?. My commission expires March 13 '19 90. ty 1 E. Arkansas'-- 8 0 L) 0 �::' N Recorded at_-._.._-...... (_1-.'oTclockl__ M . _�_ �--,:__.:.,.'.• p . Beeeptidn No.---._.--8_3..1.L7..�_Y 5...�.. ;.._—_—.. 1$03 AUG —4 .&,3,12 It �� 3, 127 eeor er. THIS DEED, Made this 31d day of August , 1983 . between The Brannon Sand and Gravel Company a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and Lloyd R. Kiper and Penny A. Kiper, as joint tenants, of the, Countyof Jefferson Sta,4,pf-Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Teri and no/100 ($10.00) - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confeaaed and acknowledged, both remised, released, sold, conveyed and QUIT CLAIMED, and by these pres- ents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, their heirs and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described property situate, lying and being in the County of Jefferson and State of Colorado, to wit: Property Described in Exhibit "A" hereto attached. Consideration less than $100.00 c"> Property address: 4949 Marshall Street, Wheat Ridge, CO Grantees address: 7657 Lamar, Arvada, CO 80003 This deed executed and delivered by Grantor to Grantees to extinguish all right, title and interest of Grantor in and to the property above described, including without limiting the generality thereof, that certain easement described in instrument dated September 7, 1956 and recorded September 17, 1956, in Book 1019 at Page 35 in the office of the Clerk and Recorder of Jefferson County, Colorado. 1 oo (A (VI TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said party of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed SY'Ita.,,, President, and its corporate seal to be hereunto aff-1 ed, attested by its Secret4,%g,'&Vda'y n''d year first above written. At�stl•' -•. • -. TfiE BRAN.0&N S _ _ W• 1 J J - • •' � _ . ._ . ...-_ Secretary. .S A _ P—ldmL C P l.a%TATE OF COLORADO as .._-_._._____ ....County ofJefferson ng -._,-_-- -. _._,_} • The foregoing instrument was acknowledged before me this y LA day of A7 - 7ex-s i 19 83 , by f Gv' e� ae President and /,V5* T' as /�j $�. 13ecretaty of-. The Brannon Sand and Gravel Company 1cbiyofation; ' My notarial cammiseiaa expires �y.%,6(11{{4{SSEO1F�3f¢�E89�20, Y, 19 Witness my hand and official seal. A /J/J i�/�-�I ,- t•, - N0,108-11. QUITCLAIM DEED.—Curpontlon Foray—aradfo_d Puhlubi— CO- 192"S Stoat Street. Deaver, Corcmdo 11-74 `A'. . THE EASTERLY 200 FEET OF THE SOUTHERLY 100 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: Beginning at a point on the West line of Block 20, Berkeley Heights Second Filing, 594•.3 Feet North of the Southwest Corner of Section ' 13, Township 3 South, Range 69 West of the 6th P.M., thence North 74 Degrees 47 Minutes East, 903 Feet, More or Less, To the Westerly right of way line of State Highway No. 72, thence Northerly along said Westerly right of way line 150 feet; thence Southwesterly 890 feet, more or less., to a point on the West line of said Block 20, which is 200 feet North of the point of beginning; thence South along said West line 200 feet to the point of beginning, except any portion of subject property lying within that parcel conveyed to Jefferson County by Deed Recorded in Book 405 at Page 423 Jeffersoh County Records, together with an easement of ingress and egress 50 feet in width, North of, parallel and adjacent to the above described Tract, all in Berkeley Heights, Second Filing, according to the Recorded Plat thereof, County of Jefferson, State of Colorado. 0 60057553 • Recorded ato'clock • Al., - ,_ Reception No. THIOEED,'bladethis 31St dayof July is 80 between -' L. ROBERT/ STEVENSON ofthe� Countyof Jefferson and State of Colorado, dtthefirst part. and LLOYD R. KIPER and PENNY A. KIPER vvhoselegal address is 7657 -Lamar, Arvada, Colorado 80003 of the County of Jefferson and State of Colorado. ofthe second part: 1960 AUG -7 AIS ID 28' n y.o�Je win-lAwe of Co. FI LING STAMP ' /i W ITN ESSETH, that the said party of the first part, for and in consideration of t he sum of - - - - FIFTY THOUSAND AND NO/100 - - - - - - - - - - - - - - - - - DOLLARS and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has sold, conveyed, granted and bargained, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or patsel of land, situate, lying and being in the County of Jefferson and State of Colorado, to wit: Legal description attached and marked as Exhibit "A" and made a part hereof, as if fully set forth herein, VtiJ� 1� 22 also known as street and n 9 s all Street Flo - State Doc_ Fee TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances - TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part. for himself, his heirs, executors, and administrators, does covenant, agree, grunt and bargain to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good sure, perfect, absolute and indefeasible estate of inheritance, in law, In fee simple, and has good right, full power and lawful authority to sell, convey, grant and bargain the same in manner and form aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. except the general taxes for the year 1980 and subsequent years, and subject to easements, restrictions, and reservations of record, if any, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part. the survivor of them, their assigns and the heirs and assigns of such survivor. against all and every person or persons lawfully claimingor to claim the whole or any part thereof, the said party of the first part shall and will WARRANTAND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any render shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part ha to set hish: oral the day and year first above written. Signed. Sealed and Delivered in the Presence of ' Z - SEAL] Robe a enson ]SEAL] [SEAL[ MAN !%, 1 illy ;;S�t . ' 4WD` "6'4pZc9yW-,,-Jefferson ss. 11 °�-: The for''Lngtttakrumeni'wjm;,pQitidwledgedbeforemethis 31St day of My 19BD, . by 1J: �C?t1F1SUlc9, f'7 ; Hy CR wSssiutiZlc : a i .29. Witness my hand and omeial seri. 'apetldFoim N0. RIA w/CstltAlrrY DEED—To ]alet Teaaots - J .•... ...a ,.S.eIJ.'C. .ate A,', SKLD, Inc. NA SKL12907 JF 57553-1980.001 t% SCS . - - '}...: :3f ••••TCS SKLD, Inc. NA SKL12907 JF 57553-1980.002 &0057553 V;u '3. ftt "A"- EXHIBIT Legal. description attached to Warranty Deed Dated July 31, 1980 between Robert Stevenson, as seller and Lloyd R. Kiper and Penny A. Kiper, as.purchasers. 4: 'LEGAL DESCRIPTION: THE EASTERLY 200 FEET OF THE SOUTHERLY 100 FEET OF THE FOLLOWING 'DESCRIBED TRACT OF LAND: -BEGINNING AT A POINT ON THE WEST LINE OF BLOCA 20,BERKELEY HEIGHTS SECOND.FILINQ. 544.3 FEET NORTH UP THE SOUTHI2EST CORNIER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 BEST OF THE 6TH. P.m.; THENCE NORTH f, 74 DEGREES 47 MINUTES EAST, 903 FEET, MORE OR -LESS, TO THE WESTERLY t•' RIGHT OF WAY LINE OF STATE HIGHaAY IZ. 72; THENCE NORTHERLY ALONG t!.••:r '-.SAID WESTERLY RIGHT OF WAY LIKE 150 FEET: THE"Cc SOUTHWESTERLY 890 ._..PEET, r ay�r , MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID BLOCK 20, ,:4diICH: IS 200 FEET NORTH OF T F c POINT OF BEGIN'I: t r N6; THENCE SOUTH ALONG SAID. WEST LINE 200 FEET TO THE POINT OF GEGINNING, EXCEPT ANY P PRTIGNI. OF SUBJECT PROPERTY LYING L41 THIN THAT PARCEL CONVEYED TO, :. JEFFERSON COUNTY BY •`,: s:. DEED RECORDED INHOOK 405 AT PAGE 423 JEFFERSON COUNTY RECORDS, TOGETH R WITH AN EASEMENT OF INGRESS AND EGRESS SD FEcl.IN WIDTH, NORTH OF, PARALLEL AND ADJACENT TO THE ABOVE X t' DESCRIBED TRACT, ALL IN BERKELEY HEIGHTS, SECOND FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. t% SCS . - - '}...: :3f ••••TCS SKLD, Inc. NA SKL12907 JF 57553-1980.002 I City of Rev. 5/2014 W heat Rdge COMMUNITY DEVELOPMENT Submittal Checklist: Zone Change (straight zone district) Project Name: l T --WiS S if- i� o, ( a4, Project Location: I-rJ `'t'Qt MA-VZ5k4L-,_— T. 50633 Application Contents: A zone change application is required for approval of a rezoning to any non -planned development (straight) zone district. The following items represent a complete zone change application: o'L- 1. Completed, notarized land use application form (U n I lel ow_. 2. Application fee ok 3. Signed submittal checklist (this document) d._,. / 1 ov-4. Proof of ownership—e.g. deed ( p'-be,,41 I Q,,, otN�iw't�� 11vj' . S`tK,3j( ) aL5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s). �Ag_6. Mineral rights certification form vl" I�Vlc( - SL,w �h C ^ (�•'bPt'��'`j 41�c_ og-7. Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format (AtA I -T _8. Certified boundary and improvement survey of the property 9 -9 - Written request and description of the proposal Include a response to the zone change review criteria—these are found in Section 26-112 of the municipal code Include a justification of why the zone change is appropriate addressing these issues: • The need for the zone change. 1� • Present and future effect on the existing zone districts, development and physical character of the area. • Access to the area, traffic patterns and impact of the requested zone on these factors. • Availability of utilities. • Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. • A discussion of the relationship between the proposal and adopted land and/or policies of the city. As applicant for this project, l hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, l understand that in the event any revisions need to be made after the second (2"d) full review, l will be subject to the applicable resubmittal fAP. Signature: Name (please print): k -h -I'ry t�l cc k." 7 Date: —5 1 t 2- ( I G Phone: 3 o 3 (P M t 3 o l Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us City Of Rev. 5/2014 W heat edge COMMUNITY DEVELOPMENT Submittal Checklist: Special Use Permit ` Project Name: � L T � S (1 �O 01 t YAI � ►'�� Project Location: PA-Yt5m7_ ST . koo >> Application Contents: A special use permit (SUP) is required for approval of a special use in any zone district. The following items represent a complete SUP application: °�-*1. Completed, notarized land use application form ab4-2. Application fee ale- 3. Signed submittal checklist (this document) o1e4. Proof of ownership—e.g. deed ok-5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) otC 6 ineraI rights certification form o W en request and description of the proposal )of e a response to the SUP review criteria—these are found in Section 26-114 he municipal code ��. �iv} �)Y, `, k rkt& Additional information which may be required: Depending on the size, scope, and complexity of the request additional documents may be required. The submission of these documents will be discussed during the pre -application meeting. This includes, but is not limited to, the following documents (one paper copy plus Adobe .pdf file is required): _1. Site plan application—required if new development is proposed with the SUP 2. Proposed building elevations _3. Trip generation letter or traffic study _4. Drainage report As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, l understand that in the event any revisions need to be made after the second (2"d) full review, I will be subject to the applicable resubmittal fee. Signature: Date: 's I 1 2 I f�. Name (please print): �61 . n �J �3 "cc; ,'<I Phone: -3o;5 (,r- f cl 13 o � Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us City of h6a-t r Ti e COMMUNITY DEVELOPMT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. (, Anthony Bracciante , as Owner / President Of/with Sit Means Sit Denver Dog Training (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for �bt'tE !E � e Ax A S Pd G 4L- (1%6 PC. A- t t , set for public hearing on (Describe type of application) 20—, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. Check here if there are no mineral estate owners of any portion of the subject property. 1 hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this 2- day of 1-' �+-� , 2016 By: Authorization to Apply for Zone Change and Special Use Permit I, Lloyd Kiper, owner of property at 4949 Marshall Street in Wheat Ridge, Colorado, hereby authorize Anthony Bracciante to apply for a zone change to Industrial - Employment and a Special Use Permit to allow a dog kennel. Mr. Bracciante is authorized to submit and process all necessary documents, forms and applications as they pertain to such development. r Lloyd I 'per [:NOTELISSA MACKEY NOTARY PUBLIC TE OF COLORADO ID 20134042377UW1, W J) �LV�W ARY SION EXPIRES JULY 9, 2017 %te N (& Vcdo 0 -tun -fl, (� � ` � -VSC,h . J A %�� iA-� -IzveC�O i i i HstFuln�'tt l�Xu c��l�w�Qr�pd Y���ir-f f1'1� of Ma � , 2�l NOTE: Land use applications must be submitted BY APPOINTMENT with a City Of planner. Incomplete applications will not be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Sit Means Sit Denver Dog Training Phone 303-422-3647 Email Denver@SitMeansSit.com _ Address, City, State, Zip 8308 Church Ranch Blvd., Westminster, CO 80021 Owner Anthony Bracciante Phone 303-619-1301 Email _Anthony(a_)SitMeansSit corn Address, City, State, Zip 2050 Applewood Drive, Lakewood, CO 80215 Contact Same as Owner Phone Address, City, State, Zip Email (The penton listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 4949 Marshall Street, Wheat Ridge, CO 80033 Type of action requested (check one or more of the actions listed below which pertain to your request): X Change of Zone or Zone Conditions CK Special Use Permit O Subdivision – specify type: 0 Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26-_) O Right of Way Vacation O Other: Detailed description of request: We are requesting a rezoning change from current G1 zoning to I -E zoning as well as a Special Use Permit, to allow the building and property to operate as a dog training and kenneling facility. We are aware of and will be able to respell the access easement on the north side of the propeq to allow the rear property owner and utility company access 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners �e�.... from the owner which approved of this action on hi hal . I ISA K NOTARY PUBLIC Notarized Signature of Applicant — STATE OF COLORADO State of Colo - NOTARY ID 20134042377 County of '1'e i S 6)-p } ss MY COMMISSION EXPIRES JULY 9, 2 The ffo egoin ins�u�nyqn�t nd Use ProcessingApplication) was acknowledged by me this 1 L. day of %hY! , 20 by /4�E l ,5 � /��(LLL' t ti 1 My commission expires �/ (L7 120LY Notary Public To be filled out by staff: Date recei ved - r a - l G Fee $ `! l Case No. O F - I6.6q -, 5u 04 -a Comp Plan Design. Receipts No. Quarter Section Map 5 3 Related Case No. Pre -App Mtg. Date t„rl_1 t,,l -1 Case Manager Q Assessor's Parcel No. , 003 Current Zoning L _1Current Use Size (acres or sgft) Proposed Zoning a::-- E Proposed Use t S Rcv 1122/2016 City of A�CWheat - idgeMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: NEIGHBORHOOD MEETING NOTES April 27, 2016 Lisa Ritchie, Planner II Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29th Avenue Wheat Ridge, CO 80033 4949 Marshall Street Lloyd Kiper No Anthony Bracciante Yes Commercial -One (C-1) Employment Existing Site Conditions: The property is located on Marshall Street between 491h Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C-1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C-2) and Residential -Two (R-2) nearby as well. The R-2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is encumbered with 100 -year floodplain. . According to the Jefferson County Assessor, the property is just shy of 20,000 square feet (approx. 0.458 acres). The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property Applicant/Owner Preliminary Proposal: The applicant is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while respecting the access easement on the north side of the property which allows access to the property to the rear as www.ci.wheatridge.co.us well as the Xcel tower. The proposed business model for this training facility includes group classes, one-on-one meetings, and a boarding and training program. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, one adjacent property owner attended, Mr. Tom Abbott. • Staff explained the reason for the Zone Change and Special Use Permit, and the process that could be forthcoming for both applications. • Mr. Bracciante explained his intended business operations and how he intends to use the property. • Mr. Bracciante and Mr. Abbott discussed the existing easement on the property and existing fencing. At this time, Mr. Abbott expressed no concerns about the proposal. W i E _O Q E W N O � C Q O Q 'L cn a� Q E E O U N cl� 14 a I � Q O o s N s i 0 � N CL •— QZ � W i E _O Q E W N O � C Q O Q 'L cn a� Q E E O U N cl� 14 April 20, 2016 City of Wheat Ridge Colorado Community Development Dept. 7500 W. 29`h Ave. Wheat Ridge, CO 80033 Thomas L. and Isabel I. Abbott 10780 W. 35" Ave. Wheat Ridge, CO 80033 Owners: Adjacent Vacant Properties, immediately to the west of 4949 Marshall St. RE: 4949 Marshall St. Application for Special Use Permit & Zone Change Sit Means Sit Dog Training and Kennel From our experience with previous uses of the property known as 4949 Marshall St; we would like to provide the following concerns related to the proposed change in use of the 4949 Marshall St. property: We own a deeded Easement for Ingress and Egress, along the northern 50 ft. of the 4949 Marshall St. property. We would like acknowledgement of this easement, and specifics as to agreed upon day-to-day uses and/or impacts allowed and or disallowed upon this easement, to be described in the special use permit. The actual eastern property line between our property and 4949 Marshall St. has been difficult to visually determine in the past. However; in 2015 we had a professional survey of the line made, and the actual line is now identified and staked. We would like acknowledgement of this less -than -obvious common property line described in the special use permit. We are expecting to attend the neighborhood meeting on April 27. Tom and Isabel Abbott No�44' City of Wheat j�_Ilqgle COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: April 14, 2016 Applicant: Anthony Bracciante Sit Means Sit — Denver Phone: 303-422-3647 Email: anthony@sitmeanssit.com Attending Staff. Meredith Reckert, Senior Planner Lisa Ritchie, Planner 11 Zack Wallace, Planning Technician Dave Brossman, Development Review Engineer Mark Westberg, Projects Supervisor Specific Site Location: Existing Zoning: Existing Comp. Plan: 4949 Marshall Street Commercial -One (C-1) Employment Existing Site Conditions: The property is located on Marshall Street between 491h Avenue and Clear Creek. It was subdivided in the late 1800s as part of the Berkeley Heights 2nd Filing Subdivision. The surrounding zoning is largely Industrial -Employment (I -E), Planned Industrial Development (PID) and Commercial -One (C- 1). There are some smaller areas of Planned Commercial Development (PCD), Commercial -Two (C- 2) and Residential -Two (R-2) nearby as well. The R-2 zone district adjacent to the property is not used residentially, but rather it is occupied by Creekside Park, managed by the Wheat Ridge Parks and Recreation Department. The subject property is located in close proximity to Clear Creek and is encumbered with 100 -year floodplain. . According to the Jefferson County Assessor, the property is just shy of 20,000 square feet (approx. 0.458 acres). The property is occupied by a 7,200 square foot office warehouse structure constructed in 1983, which was utilized for an auto repair shop until the end of March 2016. A special use permit was approved in the early 1980's allowing heavy automotive and body and paint work on the property. Applicant/Owner Preliminary Proposal: The applicant is proposing to operate a dog training facility out of the existing structure on the property. The applicant will likely fence in two separate areas for various dog training purposes, while N respecting the access easement on the north side of the property which allows access to the property to the rear as well as the Xcel tower. The proposed business model for this training facility includes group classes, one-on-one meetings, and a boarding and training program. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required for both the zone change and the special use permit. Planning comments: The following items were discussed based on the applicant's proposal: Zoning & Use The property is currently zoned Commercial -One (C-1), which provides for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. Under the C-1 zone district only animal veterinary hospitals and clinics with no outside pens or runs for dogs are permitted. The proposed use of the property is more in line with the permitted uses in the Industrial -Employment (I -E) zone district, which allows for animal veterinary hospitals and clinics with outside runs, in addition to kennels as a special use permit. Use Commercial -One (C-1) Industrial -Employment (I -E) Animal veterinary hospitals and clinics; with outside runs; no Not Permitted Permitted cremation Animal veterinary hospitals and clinics; where there are no outside pens or runs for dogs; no Permitted Permitted cremation Kennels — any building, structure or open space devoted in its entirety, or in part, to the raising, Not Permitted Special Use Permit boarding or harboring of four (4) or required more adult dogs and/or five (5) or more cats Utility Providers The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • West Metro Fire District, phone: 303-989-4307 • Wheat Ridge Water District, phone: 303-424-2844 • Wheat Ridge Sanitation District, phone: All land use applications will be sent out on referral to these agencies for comment; however, staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Building Division comments: Please be advised that planning notes and processes are only one aspect of the process. New construction and/or alterations to existing structures will require building permits, and perhaps the issuance of new Certificate of Occupancy depending on the use or reuse of the structure/s. Public Works comments: Public Works does not typically require public improvements for a project such as this. However, due to pending development to the south at 4901 Marshall, the Public Works department finds it appropriate to continue the future public improvements along Marshall Street to the south to extend the length of the 4949 Marshall Street property, and connect to the Clear Creek Trail trailhead. The Public Works Department is not requiring the applicant to construct any of the public improvements, but rather will be using its own funds to complete a curb, gutter and sidewalk along Marshall Street. There may also be a landscaped area created on the front (east side) of the 4949 Marshall Street property during the construction of the public improvements. The owner of 4949 Marshall Street will be responsible for maintaining this landscaped area. More information on these public improvements will come as the project moves forward. Review Process This request will require a zone change and a special use permit. ZONE CHANGE Neighborhood Meeting The first step in the rezoning process is the pre -application meeting, which took place on April 14, 2016. The next step is to conduct a neighborhood meeting. The applicant is responsible for drafting a letter that will be delivered (via mail or hand delivery) to all property owners and current residents in a 600 -foot radius of the subject property. The letter must be approved by the Community Development department PRIOR to sending. The Community Development department can provide the applicant with a neighborhood meeting letter template and samples, if necessary. Additionally, the Community Development department will pull the property and resident information from the County records and provide the applicant with mailing labels. The applicant will coordinate with the Community Development department on the time and location of the neighborhood meeting. The meeting may be held in the Wheat Ridge Municipal Building Conference Room, or any other location the applicant desires. There is a $100 fee for the meeting, and an additional 50 -cent fee for each page of mailing labels provided to the applicant (average is about $243). Staff will be present at the meeting to facilitate the discussion and answer any zoning, land use, and process related questions. However, the applicant will lead the meeting and inform the audience about the proposal. Rezoning Application Once the neighborhood meeting is complete, a formal complete application may be submitted by appointment with a planner. The complete application will be assigned a case number and case manager. The case manager will be the applicant's point of contact at the City for the duration of the zone change process. The case manager will review the application, and once all submittal requirements are met, the application will be sent out on referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days, during which time the referral agencies 4 and departments may submit comments on the application. These comments, as well as those from the case manager, will be forwarded to the applicant. Modifications to the planned development document may be requires as a result of these comments. After all comments have been addressed, a public hearing before Planning Commission will be scheduled. A public hearing before Planning Commission will require the property to be posted. The posting period lasts 15 days and requires a sign be posted on the property. Additionally, the Community Development department will send out written notification of the hearing to all property owners within a 300 -foot radius of the subject property. During the public hearing at Planning Commission, the case manager will present the rezoning case to Planning Commission, and based on an established set of criteria present evidence to support a recommendation of approval, approval with conditions, or denial of the rezoning. The applicant and the public will have the opportunity to present evidence and provide testimony in support or opposition of the rezoning application. The Planning Commission will then recommend approval, approval with conditions, or denial of the rezoning. This recommendation will be forwarded to City Council for review and decision. Regardless of Planning Commission's recommendation, the rezoning will automatically be scheduled for a public hearing before City Council. The City Council hearing will require an additional posting period. This posting period lasts 15 consecutive days and will require a sign to be posted on the property. The Community Development Department will also mail out notification of the hearing to all property owners within 300 -feet of the subject site. At the public hearing before City Council, the case manager will present the case, and based on an established set of criteria present evidence to support a recommendation of approval, approval with conditions, or denial of the zone change application.. The applicant, and the public, will be allowed to present evidence and provide testimony in support of opposition of the zone change. The City Council will then make a decision of approval, approval with conditions, or denial based on the testimonies provided by staff, the applicant, and the public. SPECIAL USE PERMIT Neighborhood Meeting The first step in the Special Use Permit (SUP) process is the pre -application meeting, which took place on April 14, 2016. The next step is to conduct a neighborhood meeting. The applicant is responsible for drafting a letter that will be delivered (via mail or hand delivery) to all property owners and current residents in a 600 -foot radius of the subject property. The letter must be approved by the Community Development department PRIOR to sending. The Community Development department can provide the applicant with a neighborhood meeting letter template and samples, if necessary. Additionally, the Community Development department will pull the property and resident information from the County records and provide the applicant with mailing labels. The applicant will coordinate with the Community Development department on the time and location of the neighborhood meeting. The meeting may be held in the Wheat Ridge Municipal Building Conference Room, or any other location the applicant desires. There is a $100 fee for the meeting, and an additional 50 -cent fee for each page of mailing labels provided to the applicant (average is about $243). Staff will be present at the meeting to facilitate the discussion and answer any zoning, land use, and process related questions. However, the applicant will lead the meeting and inform the audience about the proposal. Application Once the neighborhood meeting is complete, a formal application may be submitted. The SUP application will be assigned a case number and case manager. The case manager will be the applicant's point of contact at the City for the duration of the case processing. The case manager will review your case, and sent it out on referral to City and outside agencies for review. The referral period is 15 days, during which time all departments and agencies may submit comments on the application. These comments, as well as those from the case manager, may require modifications to the application. Once review of the application is complete, the property must be posted. This posting lasts 10 consecutive days and requires a sign to be posted on the property. Additionally, the Community Development department will send out written notification of the SUP request to all adjacent property owners . If no legitimate complaints are received during this posting period, the Special Use Permit application may be reviewed and decided upon administratively. If a legitimate complaint is received by the Community Development Department during this posting period, the Special Use Permit will be automatically forwarded to the City Council for a public hearing and decision. If the application is reviewed administratively and denied, the applicant can appeal the decision to the City Council. If the case is forwarded to City Council due to receipt of legitimate objections, or due to appeal by the applicant, the property must be posted again. This posting period lasts 15 consecutive days and will require a sign to be posted on the property. The Community Development Department will also mail out notification of the hearing to all property owners within 300 -feet of the subject site. At the public hearing before City Council, the case manager will present the case, and based on an established set of criteria present evident to recommend the approval, approval with conditions, or denial of the Special Use Permit. The applicant, and the public, will be allowed to present evidence and provide testimony in support of opposition of the Special Use Permit. The City Council will then make a decision of approval, approval with conditions, or denial based on the testimonies provided by staff, the applicant, and the public. Attachments: Zone Change Application Checklist, Special Use Permit Application Checklist. Note: Please be aware that the above comments are for general information purposes only. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision-making body (Community Development Director, Public Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate and information submitted. Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Senior Planner 303-235-2845 Lisa Ritchie — Planner 11 303-235-2852 Zack Wallace — Planning Technician 303-235-2849 Michael Arellano— Chief Building Official 303-235-2853 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 l: Pre -Application Submittal for Rezoning of property located at: 4949 Marshall Street, Wheat Ridge, CO 80033 History Sit Means Sit Denver has been training dogs along the Front Range for over 13 years. In 2009 I bought the business I had been working in for 6 years. Originally, the business model was mobile, training and visiting people at home. In 2008 we began operating out of a veterinary hospital where we have run, incident free, since that time. We have grown to a point where we need our own space and flexibility for training; last year we trained over 500 dogs. We're in the business of creating happy, obedient and reliable dogs even around severe distractions! Property This property has a roughly 7200 square foot steel, insulated building, and enough outdoor property to allow for training, exercising and caring for the dogs both inside and out of the building. The property is, and would remain, fenced, has ample parking and a small area to allow the dogs to eliminate. There is an easement to allow access to the neighboring property to the west, as well as allowing utility access to the electrical tower beyond this plot. Building The footprint of the building will remain the same. The exterior would be simple cosmetic upgrades to the finishes, signage, windows, lighting and parking lot clean up. There would also be repairs and reinforcement of fencing and gate access. The majority of the interior, perhaps two thirds, is wide open. The front third includes offices, restrooms, break, utility and storage rooms as well as a mezzanine level office that overlooks with main open 'training' area in the second third of the building. The second third is what we would use as the main training area. In this space we would conduct private and group lessons with enough space to work with more than one client simultaneously. There is also a full size garage door to gain access to the north side, outdoor, fenced area in good weather. The rear third of the building is separated by one complete interior wall between it and the main training area, with a full size garage door between the rooms. There's another full size garage door granting access to the outdoor area to the north. This space is ideal as a kennel area for the boarding dogs and for training those dogs separate from client lessons. Additionally, there is a separate rear door on the west wall that would allow access to the small exercise / elimination area. The changes to the interior would include cosmetic finishes, plumbing additions and upgrades to allow for clean up and more water access, security and lighting. There could be additional HVAC and office expansions as needed. Our business model offers potential clients the opportunity to visit us on site with their dogs for a free evaluation and consultation. We offer private on site training sessions, in-home private training sessions, and on site group class sessions. We also offer Board and Train packages where we would keep, house on site, and train the dogs within the facility for a recommended time (usually a week). Clients would then follow up with private and group sessions as described. Our staff will include limited office staff, sales trainers, boarding trainers and kennel staff. We currently have four, full-time sales trainers but once we begin boarding dogs, we will need additional full and part-time staff to cover the dogs being with us seven days a week. The free consultation is scheduled as an hour meet and greet with a sales trainer and a potential client to establish needs and suggest the best program for success. These consults would be conducted in small conference rooms within the building. Private lessons would be conducted both in and out of the building depending on weather. They are scheduled for an hour, with one trainer per family, using natural distractions and other dogs to improve obedience and focus. Our group classes could range in size from several to as many as twenty-five dogs. We offer these classes a few times a week and it would likely be the only times there would be a spike in entry, parking and exit from the property. Currently in our boarding program, our trainers have been taking boarding dogs home with them, even on their days off. We want to grow that program by housing the dogs at the facility. Our most popular program is a seven-day period where we work very hands on with the dogs to give them a 'jump start' to their training. Boarding trainers and sales trainers would conduct training without the owners, then follow up lessons with the owners would include private and group classes. The kennel staff will care for the feeding, bedding, cleaning and general needs of the dogs. Equipment could include some agility obstacles, crates, storage, shading structures and other items standard in dog obedience training. Internally, we'll need access to the building and property 24 hours per day. Kennel staff will normally be available to care for the dogs from roughly 7AM to 9PM every day. Office staff will operate Monday through Friday from 9AM to 6PM. Our normal client operating hours will likely be from 11AM to 8PM weekdays, and 9AM to SPM Saturdays. Most clients will be scheduled for one-hour sessions. The number of lessons running concurrently will be limited to the number of trainers available at that time.