HomeMy WebLinkAboutSUP-18-01Y City Of
�Wheat �jdge
MUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave.
February 9, 2018
Mike & Suzanne Woolworth
10740 West 46th Avenue
Wheat Ridge, CO 80033
Dear Mr. & Mrs. Woolworth:
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 for the
transfer of ownership of a residential group home for elderly persons and to
expand the facility from 9 residents to 12 residents in the Residential -Two (R-2)
zone district located at 4370 Ingalls 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,
J
Tammy Odean
Administrative Assistant
Enclosure: Approval of Special Use Permit
Cc: SUP -18-01 (case file)
SUP 1801.doc
www.ci.w h eatri dge.co.0 s
City of
Wheat�dge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Ph 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
4370 Ingalls Street to allow the transfer of ownership of a residential group home for elderly
persons and to expand the facility from 9 residents to 12 residents in the Residential -Two (R-2)
zone district, referenced as Case No. SUP -18-01; and
WHEREAS, City staff found basis for approval of the special use permit, relying on criteria
listed in Section 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 is granted for the property
located at 4370 Ingalls Street for the purpose of allowing the transfer of ownership of a
residential group home for elderly persons and to expand the facility from 9 residents to 12
residents on property zoned Residential -Two (R-2), based on the following findings of fact:
1. This request for an administrative Special Use Permit meets all applicable conditions as
required by Section 26-114 of the City of Wheat Ridge Code of Laws.
2. 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.
3. The special use will not create adverse impacts greater than allowed under the existing
zoning for the property.
4. The special use will not create or contribute to blight in the neighborhood and will not
over burden the capacities of the existing streets, utilities, parks, schools, and other public
facilities and services.
5. No objections were received during the neighborhood meeting or during the required 10 -
day posting period.
With the following conditions:
1. The maximum number of elderly persons allowed is twelve (12).
2. The Special Use Permit shall be granted to the applicants, Mike and Suzanne Woolworth,
and may not be inherited, transferred, or assigned.
3. The special use shall comply with all material representations, commitments, and
operational restrictions as depicted in the application materials and documents maintained
in the case file in the Community Development Department.
4. The business shall operate in compliance with all State regulations regarding group home
facilities.
5. The proposed renov tions and enclosure of the breezeway are subject to staff review and
approval through roiew of a building permit.
Kenneth Johnstone, AI Dat
Community Developm nt Director
1 I 41
City of
Wh6at�iclge
TO
CASE MANAGER:
CASE NO. & NAME
ACTION REQUESTED:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Community Development Director DATE: February 5, 2018
Scott Cutler
SUP -18-01 / Woolworth
Approval of a Special Use Permit in the Residential -Two (R-2) zone district to
allow the transfer of ownership of a residential group home for elderly persons
and to expand the facility from 9 residents to 12 residents.
LOCATION OF REQUEST: 4370 Ingalls Street
APPLICANT (S): Mike & Suzanne Woolworth
APPROXIMATE AREA: 12,440 square feet (0286 acres)
PRESENT ZONING: Residential -Two (R-2)
PRESENT LAND USE: Residential group home for elderly persons
COMPREHENSIVE PLAN: Neighborhood / Neighborhood Commercial Corridor
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
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Site
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to make an
administrative decision.
I. REQUEST
Case No. SUP -18-01 is an application by Mike and Suzanne Woolworth requesting the approval of a
Special Use Permit (SUP) to allow the transfer of ownership of a residential group home for elderly
persons, and to expand the facility from 9 residents to 12 residents, on property zoned Residential -Two
(R-2) and located at 4370 Ingalls Street (Exhibit 1, Aerial).
All group homes with nine or more residents require a Special Use Permit in residential zone districts.
The current Special Use Permit for this property—Case No. SUP -13-02 and granted July 3, 2013—was
approved with the condition that the special use may only be issued to the applicant and not inherited,
transferred, or assigned. Therefore, the applicant must request a new Special Use Permit if they wish to
purchase the property and continue to operate the residential group home.
Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability
to decide upon applications for Special Use Permits without a public hearing, provided the following
conditions are met:
1. A completed application package has been submitted and fee paid;
2. The Community Development Department has notified adjacent property owner by letter notice
and the site has been posted for at least ten (10) days;
3. No written objections have been received in such ten-day period;
4. The Community Development Director concludes that the criterial for approval, as set forth
below, are substantially complied with and support the request.
The Community Development Director can impose conditions or stipulations upon the approval, which
may address physical design, business operations, and or/maintenance considerations to ensure
compliance with the criteria for review.
The Community Development Director shall also decide the following:
1. Whether the SUP runs with the land in perpetuity;
2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or,
3. Whether the SUP is granted only for a defined period, after which time the special use shall
expire unless renewed, subject to all of the requirements in this section.
II. EXISTING CONDITIONS
The property is located on the east side of Ingalls Street, one lot south of W. 44th Avenue. The site is
currently home to a residential group home, Hearts and Hands Assisted Senior Care, which
accommodates 9 elderly residents. There are 7 designated parking spaces on the site, 5 in the driveway
and 2 in the garage.
Surrounding properties include a variety of commercial and residential uses. The site is currently
zoned Residential -Two (R-2), as are the parcels across Ingalls Street between W. 42nd Avenue and W.
44th Avenue (Exhibit 2, Zoning Map). Directly to the north is a Planned Commercial Development
(PCD) with a Family Dollar store. To the south are two properties zoned Residential -Three (R-3),
Case No. SUP -18-01 / Woolworth 2
which have two homes on each lot. Behind the subject lot to the east is a property which was recently
rezoned to Mixed Use — Neighborhood (MU -N).
According to the Jefferson County Assessor, the subject property has an area of 12,440 square feet
(0.286 acres). The single -story residential structure on the property is 2,351 square feet in size and was
originally built as a duplex in 1965. In 2008, the home was legally converted from a duplex into a
single-family home, and a business license was approved for an assisted living/group home facility.
III. CASE ANALYSIS
The applicant is proposing to obtain ownership of the existing residential group home facility, and
expand the facility from 9 beds to 12 beds. In order to expand the facility, the applicant has proposed
converting the existing two -car garage into living space as well as enclosing the breezeway between
the main house and the garage. No additions to the building footprints are proposed. The group home
has similar architecture, setbacks, and landscaping conditions as surrounding properties (Exhibit 3, Site
Photos).
The increase in the number of beds requires a proportional increase in the number of parking spaces. In
the pre -application meeting notes, Staff noted that City code requires 0.5 spaces per occupant, plus the
standard residential dwelling requirement. Based on the proposed number of residents and the
availability of parking on Ingalls Street, the requirement is 8 off-street parking spaces. The applicant
provided three scenarios showing possible parking arrangements (Exhibit 4, Parking Layouts). All of
the submitted parking scenarios interfere with the existing tree in the rear yard and none show tandem
parking in the driveway which is typical for a residential property. After reviewing the plans and
studying the feasibility of the layouts, Staff has determined there is no need to make changes to the
existing paved area or to remove the tree. The driveway and on -street parking can accommodate
sufficient space despite the loss of the garage. Since the applicant has indicated that their operational
model attracts residents who do not drive, there will be no substantial increase in the number of
vehicles using the site except for an additional support staff member.
The applicant requested that the Special Use Permit be permanently issued to the property in order to
seamlessly transfer ownership in the future if they are interested in selling (Exhibit 5, Criteria
Response). Staff informed the applicant in the pre -application meeting and in subsequent conversations
and comment letters that the request would likely not be supported. It is standard practice to assign
SUPs for residential group homes to the owner or operator due to the potential for future operational
changes that may change the impact of the home on its surroundings. The SUP process is standard for
residential group homes and is typically expected as part of the entitlement and sale process.
IV. CRITERIA FOR REVIEW
Staff uses the following criteria from Section 26-114 of the City Code to evaluate each application for
a Special Use Permit. The applicant has provided their analysis of the application's compliance with
the SUP criteria (Exhibit 5, Criteria Response). 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.
Case No. SUP -18-01 / Woolworth
The special use will not affect the health, welfare, safety, or convenience of any person
working or residing in the area. The site has been operating as a residential group home since
2008 and has not had a detrimental effect on the neighborhood.
Staff finds this criterion has been met.
2. The special use will not create or contribute to blight in the neighborhood by virtue of
physical or operational characteristics.
Physical and operational characteristics are not expected to change under new ownership. The
existing facility has been operating without issue and the proposed reconfiguration of the
garage and breezeway will upgrade the site and are out of view from Ingalls Street.
Staff finds this criterion has been met.
3. The special use will not create adverse impacts greater than allowed under existing zoning
for the property.
A Special Use Permit is required for residential group homes for elderly persons if there are 9
or more residents. Homes with 8 or fewer occupants do not require a Special Use Permit.
Increasing the number of residents from 9 to 12 is unlikely to result in additional impact on the
neighborhood. As noted above, there is no change the footprint of the existing structure, and the
driveway is able to accommodate off-street parking needs.
Staff finds 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 current residents of the residential group home do not drive, so the only traffic associated
with the facility consists of visiting family members, staff, and vans that pick up residents for
activities and appointments throughout the week. While an additional staff member may be
required, the current driveway setup and on -street parking availability can meet the demand for
parking spaces. The current van pickup arrangement has not been an issue.
Staff finds 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 property
owners.
The site has appropriate setbacks for the R-2 zone and visually functions as a single-family
home or duplex (Exhibit 3, Site Photos). No additions are being proposed. Parking is handled
by the existing driveway, and the residents of the home do not drive. The site has functioned as
a group home since 2008 and is an established use in the neighborhood.
Staff finds this criterion has been met.
Case No. SUP -18-01 / Woolworth
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 is not expected to overburden the capacities of the existing streets, utilities,
parks, schools, and other public facilities, as it will function out of an existing structure and
site. Utility agencies have noted they can serve the site and its proposed uses.
Staff finds this criterion has been met.
7. There is a history of compliance by the applicant and/or property owner with Code
requirements and prior conditions, if any, regarding the subject property.
There is no history of code enforcement action against the applicant or the property.
Staff finds 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 additions or expansions associated with the proposal, only interior modifications
and the enclosure of a breezeway in the rear of the property, so the Architectural and Site
Design Manual does not apply.
Staff finds this criterion is not applicable.
V. AGENCY REFERRAL
Referrals were sent to impacted agencies. Their responses are below.
Wheat Ridge Building Division: No comments. The proposed renovations of the garage and
enclosure of the breezeway are subject to staff review and approval through review of a building
permit.
West Metro Fire Protection District: No concerns.
Wheat Ridge Water District: No comments.
Wheat Ridge Sanitation District: No concerns.
Jefferson County Environmental Health: No concerns. The applicant was requested to contact the
Colorado Department of Public Health and Environment regarding any licensing changes required by
this agency.
VI. PUBLIC NOTICING
A required neighborhood meeting was held on January 3, 2018. One resident from the neighborhood
attended the meeting, and he expressed no concerns with the proposal. A summary of the meeting and
discussion is included in Exhibit 6, Neighborhood Meeting.
Case No. SUP -18-01 / Woolworth
Pursuant to the requirements of Section 26-114, special use applications can be approved
administratively after a ten-day noticing period if no legitimate objections are received. No comments
or objections were received regarding this application.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Having found the application for Case No. SUP -18-01 / Woolworth — a Special Use Permit to allow
the transfer of ownership of a residential group home for elderly persons and to expand the facility
from 9 residents to 12 residents in the Residential -Two (R-2) zone district — to be complete and in
compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the
special use request for the following reasons:
1. This request for an administrative Special Use Permit meets all applicable conditions as
required by Section 26-114 of the City of Wheat Ridge Code of Laws.
2. 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.
3. The special use will not create adverse impacts greater than allowed under the existing zoning
for the property.
4. The special use will not create or contribute to blight in the neighborhood and will not
overburden the capacities of the existing streets, utilities, parks, schools and other public
facilities and services.
5. No objections were received during the neighborhood meeting or during the required 10 -day
posting period.
With the following conditions:
1. The maximum number of elderly persons allowed is twelve (12).
2. The Special Use Permit shall be granted to the applicants, Mike and Suzanne Woolworth, and
may not be inherited, transferred, or assigned.
3. The special use shall comply with all material representations, commitments, and operational
restrictions as depicted in the application materials and documents maintained in the case file in
the Community Development Department.
4. The business shall operate in compliance with all State regulations regarding group home
facilities.
5. The proposed renovations and enclosure of the breezeway are subject to staff review and
approval through review of a building permit.
Case No. SUP -18-01 / Woolworth
EXHIBIT 1: AERIAL
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Case No. SUP -18-01 / Woolworth 7
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Case No. SUP -18-01 / Woolworth 7
EXHIBIT 2: ZONING MAP
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Residential -Three (R-3)
Commercial -One (C-1)
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Neiqhborhood (MU -N)
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Case No. SUP -18-01 / Woolworth
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EXHIBIT 3: SITE PHOTOS
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The property viewed looking east from Ingalls Street. The garage is behind the home, out of view.
The home is similarly sized and positioned as the single-family and multifamily residences on
Ingalls Street.
Case No. SUP -18-01 / Woolworth
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EXHIBIT 4: PARKING LAYOUTS
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Case No. SUP -18-01 / Woolworth 11
Case No. SUP -18-01 / Woolworth 12
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Case No. SUP -18-01 / Woolworth 13
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Case No. SUP -18-01 / Woolworth 13
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Case No. SUP -18-01 / Woolworth 13
EXHIBIT 5: CRITERIA RESPONSE
The Havens Group Ltd.
Hearts and Hands Assisted Senior Care
4370 Ingalls St.
Wheat Ridge, CO 80033
Phone: 720-272-7291
Proposal to increase occupancy level from nine residents to twelve residents
Hearts and Hands Assisted Senior Care is an elderly assisted residence located at 4370 Ingalls
St., Wheat Ridge, CO 80033. The facility provides long-term managed care for individuals
requiring 24-hour supervised care.
The facility is located in an R-2 district of Wheat Ridge and currently allows nine residents. We
are requesting an allowance increase to twelve residents.
The facility is licensed by the Colorado Department of Public Health and Environment and is
fitted with the appropriate fire alarm and sprinkler systems. The current set up of the building
is compliant with the Health Department square footage regulations allowing for the care of
nine residents. In order to configure the overall facility to allow for 12 residents, unfinished
interior space of the current structure may be finished and utilized to meet space needs, and
the detached garage located on the east side of the property may be re -purposed into living
space. This garage is already fitted with the appropriate fire alarms and sprinkler systems. The
attached breezeway located between the main living quarters and the garage space, which is
also already fitted with the appropriate fire alarms and sprinkler systems, may also be enclosed
to allow climate -controlled access between the two structures.
Please see Exhibit 2: Reconfiguration Options.
In addition, I am requesting that the permit be permanently issued on the property instead of
being granted to the property owner. In order to increase the resident number to twelve a
significant investment of time, money, and resources will need to be made; issuing the special
use permit on the property will allow it to be seamlessly transferred to future owners and
ensure that the property can continue to be utilized as was intended. Issuing the permit to the
property will allow owners to transfer ownership in a more standard real estate transaction and
Case No. SUP -18-01 / Woolworth 14
have a better chance at a fair market value. Having to begin the special use permitting process
from scratch each time the property transfers requires a much longer timeframe than is
standard practice in the real estate world. Likewise, the expertise of most real estate
professionals, banks, and title companies does not include permitting and many would be
turned away by having to learn the process and the timeframe involved in said process. This
would mean that the chances of recouping the initial investment decrease the longer and more
complex and tedious the transaction becomes. We are fine with there being stipulations around
the Special Use Permit, such as being specific to an elder care assisted facility, but we very
much want to streamline the process and maximize the chance for a fair market value sale
should the need arise.
Once this change has taken place the following criteria will continue to be met.
1. The proposed change will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or working in the neighborhood.
The property is currently operating as an assisted living facility and is approved for nine
residents. Adding three residents needing this type of care will not change the effect
the current facility and residents have on the neighborhood.
2. The proposed change will not create or contribute to blight in the neighborhood by virtue
of physical or operational characteristics.
Again, the property is currently operating as an assisted living facility and the
reconfiguration of the garage and breezeway spaces will not change the overall external
appeal of the property.
3. The proposed change will not create adverse impacts greater than allowed under
existing zoning for the property.
Moving to twelve residents from the currently allowed nine at the facility will not have
any adverse impact.
4. The proposed change 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.
Traffic related to the facility in its current set up consists of visiting family members,
staff, and a small van that picks up and drops off residents at consistent times
throughout the week. The increase in residents may require an increase of one staff
Case No. SUP -18-01 / Woolworth 15
member part time, and the current owners describe family member visits as spread
throughout the week. There is ample parking, both on street and off, to accommodate
staff and family visits and the same will be in place with the increase in residents. if any
of the new residents use the van services, it will be at the same times as the current
residents. None of the current or future residents have cars, nor do they drive.
5. The proposed change Is appropriately designed, ... so as to be in harmony and
compatible with the character of the surrounding areas and neighborhood, especially
with adjacent properties.
The architecture and design of this property is consistent with the neighborhood and
with properties on either side. All changes to the property to increase the number of
residents will utilize existing unfinished space within the current structures on the
property.
6. The proposed change will not overburden the capacities of the existing streets, utilities,
parks, schools and other public facilities and services.
The burden on these facilities with the increase in elderly residents will remain almost
the same as is currently in place.
7. There is a history of compliance by the applicant and/or property owner with Code
requirements and prior conditions, if any, regarding the subject property.
The current assisted living facility has been in compliance with the City of Wheat Ridge
building codes and have passed all inspections since opening in 2008.
8. The proposed change will cause the property to be in compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
There are no overall design changes being made other than to existing unfinished
structures and unused space on the property. The property will remain in compliance
after the changes are made.
Case No. SUP -18-01 / Woolworth 16
EXHIBIT 6: NEIGHBORHOOD MEETING
NEIGHBORHOOD MEETING NOTES
Meeting Date: January 3, 2018
Attending Staff: Lauren Mikulak, Planning Manager
Scott Cutler, Planning Technician
Location of Meeting: Wheat Ridge Municipal Building
Property Address: 4370 Ingalls Street
Property Owner(s): Joel & Susan Lammers
Applicant: Mike & Suzanne Woolworth
Applicant Present? Yes
Existing Zoning: Residential -Two (R-2)
Existing Comp. Plan: Neighborhood / Neighborhood Commercial Corridor
Existing Site Conditions:
The property is located on the east side of Ingalls Street, one lot south of W. 44th Avenue. The site is
currently home to a residential group home which accommodates 9 residents, per Case No. SUP -13-02
which was approved in July 2013. There are 7 designated parking spaces on the site, 5 in the driveway
and 2 in the garage.
Surrounding properties include a variety of commercial and residential uses. The site is currently
zoned Residential -Two (R-2), as are the parcels across Ingalls Street between W. 42nd Avenue and W.
44th Avenue. Directly to the north is a Planned Commercial Development (PCD) with a Family Dollar
store. To the south are two properties zoned Residential -Three (R-3), which have two homes on each
lot. Behind the subject lot to the east is a property which was recently rezoned to Mixed Use —
Neighborhood (MU -N).
Applicant/Owner Preliminary Proposal:
The applicant proposed to obtain ownership of the property and increase the number of residents from
9 to 12. The additional residents would be accommodated by converting the existing garage into
bedrooms as well as making some interior rearrangements. The existing basement will continue to
serve the on-site staff. The applicant also proposed enclosing the patio between the home and garage in
order to fully connect the two buildings. The applicant requested a new Special Use Permit application
in order to make these changes, and wants the SUP to run with the land, not the owner.
Case No. SUP -18-01 / Woolworth 17
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, one resident from the neighborhood attended the meeting.
• The applicant presented their proposal for the site and answered questions from the attending
neighbor.
• Staff discussed the site, its zoning and future land use.
• Staff explained the purpose of the neighborhood meeting and informed the member of the public of
the process for the Special Use Permit.
• The member of the public was informed of their opportunity to make comments during the process
and at the public hearing, if required.
The following issues were discussed regarding the SUP request and proposed development:
• The neighbor noted that one does not notice the group home and that the surrounding residents are
used to on -street parking.
• The neighbor noted that initially he had occupancy concerns about adding three additional
residents and where they would be housed.
The applicant indicated the existing garage will be finished into bedrooms and the breezeway
between the home and garage will be enclosed.
• Will the existing residents be displaced with the change in ownership?
Existing residents will remain, and three new residents will be added.
• The neighbor noted that the homes across the street are being remodeled so there will be
construction activity around the site for some time.
• The applicant noted that there are 1-2 cars on the site at most times, and that visitors either park in
the driveway or on the street. Buses and vans do pickups occasionally in the driveway or on the
street. The applicant noted, with confirmation from the neighbor, that the residents do not drive and
will not have cars parked on the property.
• How active will the applicants be in managing the home?
They will be a "half-step" removed from the existing owners and won't cover shifts like the
current owners do. They intend to program more activities for residents.
• The applicant asked if the increased parking requirements would require the removal of the mature
tree in the backyard.
Staff noted a parking arrangement could be achieved without removing the tree, including
tandem parking.
• The applicant asked about the SUP being assigned to the property rather than to the owners as had
previously been done. Assigning the SUP to the owner makes it more difficult to transfer
ownership in the future because many potential buyers and lending agencies are hesitant to engage
in a land use entitlement process.
Staff noted that the applicant could put the request for the SUP to run with the land in their
application, but as discussed at pre -app, this type of approval was uncommon and typically not
supported by Staff.
Aside from the one neighbor at the meeting, staff received no comment from others in the area
regarding the proposal.
Case No. SUP -18-01 / Woolworth 18
City of
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Wheat, jAc
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
January 24, 2018
Mike & Suzanne Woolworth
10740 W. 46th Avenue
Wheat Ridge, CO 80033
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Re: Special Use Permit for Residential Group Home
Mike & Suzanne:
This letter is in regards to your application for approval of a Special Use Permit for property zoned
Residential -Two (R-2) and located at 4370 Ingalls Street. I have reviewed your submittal and have
the following comments.
Comments
1. Staff has no objections to the Special Use Permit. However, staff cannot support the request for
the Special Use Permit to be permanently issued to the property. It is standard practice to assign
Special Use Permits for residential group homes to the owner or operator due to the potential for
future operational changes that may change the impact of the group home on its surroundings.
The Special Use Permit process is standard for residential group homes and is typically expected
as part of the entitlement and sale process.
2. All of the submitted parking scenarios interfere with the existing tree in the rear yard. Considering
the required number of parking spaces versus the actual conditions and current use of the site,
there is no need to make changes to the existing paved area or to remove the tree.
3. The next step in the Special Use Permit process is the 10 -day public noticing period. Please
coordinate with me to retrieve and post a sign on the property.
The application was also sent on referral to other City departments and outside agencies. Attached are
the comments that were received.
Wheat Ridge Building Division: No comments. The proposed renovations of the garage and
enclosure of the breezeway are subject to staff review and approval through review of a building
permit.
West Metro Protection District: No concerns. See attached letter from Bruce Kral, dated January 23,
2018.
Wheat Ridge Water District: No comments.
Wheat Ridge Sanitation District: No concerns. See attached letter from Bill Willis, dated January 12,
2018.
www.ci.wheatridge.co.us
Jefferson County Environmental Health: No objections. The applicant should contact the Colorado
Department of Public Health and Environment, at 303-692-2000 regarding any licensing changes
required by this agency.
This concludes the summary of comments. For questions or clarification on any comments, please
feel free to directly contact me.
Sincerely,
Scott Cutler
Planning Technician
cc: SUP -18-01 case file
Case No. MS -17-07 / O'Brien Subdivision
MARTIN/_MARTI_N
CONSULTING ENGINEERS
January 12, 2018
Scott Cutler
Email: scutler@ci.wheatridge.co.us
Re: Wheat Ridge Sanitation District — 4370 Ingalls St. — Proposed Addition
Martin/Martin, Inc Project No.: 17.0633
Dear Mr. Cutler,
On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the
following in response to the design plans received January 10th, 2018 concerning a proposed addition for the property
at 4370 Ingalls St. The proposed addition appears as if a detached garage may be converted into living space for three
additional residents, unfinished interior space may be finished, and an attached breezeway may be enclosed. Please
contact your water utility service provider to determine if your current water meter will meet the requirements of this
proposed expansion. The following are general requirements for sanitary sewer service. Rules, Regulations and
Standards of the District must be complied with at all times.
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.
Per the submitted plans, it appears that there are modifications or additions planned to the existing structure. If there
are any plumbing modifications or additions, the District will need to review and approve plans prior to construction. If
a water meter size increase takes place, the District must be informed immediately, and appropriate fees must be paid
prior to acceptance. If an attached breezeway is not enclosed and utility service is used in the detached renovated
garage, a separate sanitary tap will be required with associated fees. In addition, the District will require review to
determine if an additional service connection is required.
Please be aware that these comments are based on continued use of the residence as a group home dwelling. Please
notify the District of any changes to this intended use.
Any questions regarding this document, please contact us at (303) 431-6100.
Sincerely,
Bill Willis, PE
Cc: Mike Bakarich — Wheat Ridge Sanitation District Manager
Pam McKnight — Wheat Ridge Sanitation District
Tim Flynn — Attorney, Collins Cockrel & Cole P.C.
MARTIN/MARTIN, INC.
12499 WEST COLFAX AVENUE
LAKEWOOD, COLORADO 80215
MAIN 303.431.6100
MARTIN MARTIN.COM
433 S. Allison Parkway
Lakewood, CO 80226
Bus: (303) 989-4307
Fax: (303) 989-6725
www.westmetrofire.org
West Metro Fire Protection District
January 23, 2018
Scott Cutler
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2849
Fax: 303-234-2849
scutlerAci.wheatrid eg co.us
Re: Case No. SUP -18-01 (4370 Ingalls Street)
Dear Mr. Cutler,
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.
Tennant improvement and remodeling plans for the added residence units in the house and garage must be
submitted to WMFPD to ensure the required fire protection features are appropriately modified.
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 including the removal and placement of
fuel storage tanks.
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: bkralAwestmetrofire.org.
Respectfully,
Bruce Kral
Fire Marshal
"Whatever• It Takes "... To Serve
JEFFERSON
COUNTY COLORADO
Public Health
MEMO
TO: Scott Cutler
Wheat Ridge Community Development
FROM: Tracy Volkman
Jefferson County Environmental Health Services Division
DATE: January 11, 2018
SUBJECT: Case #SUP -18-01
4370 Ingalls Street
Public Health
Executive Director Dr. Mark Johnson
303.232.63011 jeffco.us
public_health_info@jeffco.us
Jefferson County Public Health (JCPH) has no objection to the proposed transfer of ownership and an
increase in the number of beds from 9 to 12. Please review the following comment and
requirements as it would pertain to the Special Use Permit for this proposal.
PROPOSAL SUMMARY
Special Use Permit for the proposed transfer of ownership and an increase in the number of beds from
9 to 12.
COMMENTS
JCPH has reviewed the documents submitted by the applicant for this special use permit (SUP) to allow
a transfer of ownership and an increase in the number of beds from 9 to 12 and has the following
comment:
JCPH recommends that the applicant contact the Colorado Department of Public Health and
Environment and take the following actions prior to a ruling on the proposed SUP. NOTE: Items
marked with a "✓" indicate that the document has been submitted or action has been taken. Please
read entire document for requirements and information. Please note additional documentation
may be required by the State Agency.
✓
Date Reviewed
Required Documentation/Actions
Refer to Sections
Contact the Colorado Department of Public
Health and Environment (CDPHE) at
303.692.2000 regarding any licensing
Regulated Facilities
changes required by this agency.
REGULATED FACILITIES
State licenses are required for elderly group homes and similar uses. The applicant should contact the
Colorado Department of Public Health and Environment, at 303.692.2000 for information regarding
these types of operations, including all applicable regulations.
645 Parfet Street, Lakewood, Colorado 80215
City of
OWheat j , dge
muNiTy 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
LETTER NOTICE
January 26, 2018
Dear Property Owner:
This is to inform you of Case No. SUP -18-01, a request for approval of a special use pen -nit with
a transfer of ownership and an increase in beds from 9 to 12 on the property located at 4370
Ingalls Street.
The property is zoned Residential -Two (R-2) and in this zone district a group home for elderly
persons with 12 beds, is considered a special use. A special use is a land use that may or may not
be compatible with the surrounding neighborhood and therefore requires additional review.
Approval of a special use is dependent on compatibility with surrounding uses, design of the
property, and operation and management of the use. Please see the attached image on the back of
this page for a map demonstrating the area of expansion.
Pursuant to Section 26-114 of the City Code, a special use permit (SUP) can be reviewed and
approved by the Community Development Director without the need for a public hearing. You
are receiving this letter because prior to any approval of an SUP, all adjacent property owners are
required to be notified of the request by mail.
If you have any questions about this request, please contact the Planning Division at 303-235-
2846. If you would like to submit comments concerning this request, please do so in writing by
5:00 p.m. on Monday, February 5, 2018.
Thank you.
www.ci.wheatridge.co.0 s
SUBJECT PROPERTY
www.ci.wheatridge.co.us
DR STEVEN J ZAPIEN DDS INC ENREX LLC ERICKSON GENE 0 ERICKSON CYNTHIA S
04331 HARLAN ST 03230 ARBUTUS ST 02143 S PARFET DR
WHEAT RIDGE CO 80033 GOLDEN CO 80401 LAKEWOOD CO 80227
L W FARONE LLC
12980 ELKHORN CIR
BROOMFIELD CO 80021
WALTHERS MICHAEL M WALTHERS CORINE
M
04335 INGALLS ST
WHEAT RIDGE CO 80033
PHILPOTT JAMES P PHILPOTT BRENDA S
04375 HARLAN ST
WHEAT RIDGE CO 80033
RUMPELTES PAUL W
04355 INGALLS ST
WHEAT RIDGE CO 80033
City of Wheat ;ijqqc
011'06120j& 1j:00 CDA
ZONING APPLICATION FEE,3
CDA017932 AMOUNT
FMS -D ZONING APPLICATION FEESS 200.00
PAYMEN-i Rl CE V1 D
Cl," -CK: 2@.34 AhOUNT
TOTAL fEO. 00
-----------------------
-------------------
NOTE: Land use applications must be
► A submitted BY APPOINTMENT with a
CRY of planner. Incomplete applications will not
��Whea-tRL-idge be accepted—refer to submittal checklists.
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
�1
Applicant e- LJ301 Wat 0D Phone 12 -27 -M Email lW o C �W -1 � qI (I Com
Address, City, State, Zip LL i . t i (� �" F%(ue 1� I c cs F ;
Owner sc�-CrNe cis dbove- Phone Email
Address, City, State, Zip
Contact Sc-,cc),S chn�'e_ Phone Email
Address, City, State, Zip
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.) �—`
Location of request (address): ��^�%fl �–a � �� ��. I LJhr V� ` , C_L g,(Y)- ',3
Type of action requested (check one or more of the actions listed below which pertain to your request):
O Change of Zone or Zone Conditions X Special Use Permit O Subdivision – specify type:
O 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: D ���� a Inr rnnc"P l fC `t1V f�t_li"ck-1 r
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in
filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lawfully be accomplished. Applicants other than owners m ur atteMe3z_—
from the owner which approved of this ction on his behalf. 'TAMARAD ODEA
NOTARY PUBLIC
STATE OF COLORADO
Notarized Signature of Applicant NOTARY 1D 20164015481
State of Colorado }
County of ss MY COMMISSION EXPIRES APRIL 22,
�C�------
The foregoing instrument (Land Use Processing Application was acknowledged by me this � day of 20 (�_
by SGS. c n� OC411-�e>CAV
c
My commission expires —�/ Q9�/20,,2P
Notary Public
To be filled out by staff:
Date received I P5 Fee $ -,20 -DO Case No.
Comp Plan Design. Receipt No. CJ�pJ '%Ct 32 Quarter Section Map a
Related Case No. Pre -App Mtg. Date / l -3 Q Case Manager
Assessor's Parcel No. -,2 1- Current Zoning I`P s `rj�} d) -� Z Current Use
Size (acres or sgft) t/ fi Proposed Zoning Proposed Use G. oko J�oY..e
Rev 1/22/ 2016
Exhibit 1: Letter of Request
The Havens Group Ltd.
Hearts and Hands Assisted Senior Care
4370 Ingalls St.
Wheat Ridge, CO 80033
Phone: 720-272-7291
Proposal to increase occupancy level from nine residents to twelve residents
Hearts and Hands Assisted Senior Care is an elderly assisted residence located at 4370 Ingalls
St., Wheat Ridge, CO 80033. The facility provides long-term managed care for individuals
requiring 24-hour supervised care.
The facility is located in an R-2 district of Wheat Ridge and currently allows nine residents. We
are requesting an allowance increase to twelve residents.
The facility is licensed by the Colorado Department of Public Health and Environment and is
fitted with the appropriate fire alarm and sprinkler systems. The current set up of the building
is compliant with the Health Department square footage regulations allowing for the care of
nine residents. In order to configure the overall facility to allow for 12 residents, unfinished
interior space of the current structure may be finished and utilized to meet space needs, and
the detached garage located on the east side of the property may be re -purposed into living
space. This garage is already fitted with the appropriate fire alarms and sprinkler systems. The
attached breezeway located between the main living quarters and the garage space, which is
also already fitted with the appropriate fire alarms and sprinkler systems, may also be enclosed
to allow climate -controlled access between the two structures.
Please see Exhibit 2: Reconfiguration Options.
In addition, I am requesting that the permit be permanently issued on the property instead of
being granted to the property owner. In order to increase the resident number to twelve a
significant investment of time, money, and resources will need to be made; issuing the special
use permit on the property will allow it to be seamlessly transferred to future owners and
ensure that the property can continue to be utilized as was intended. Issuing the permit to the
property will allow owners to transfer ownership in a more standard real estate transaction and
have a better chance at a fair market value. Having to begin the special use permitting process
from scratch each time the property transfers requires a much longer timeframe than is
standard practice in the real estate world. Likewise, the expertise of most real estate
professionals, banks, and title companies does not include permitting and many would be
turned away by having to learn the process and the timeframe involved in said process. This
would mean that the chances of recouping the initial investment decrease the longer and more
complex and tedious the transaction becomes. We are fine with there being stipulations around
the Special Use Permit, such as being specific to an elder care assisted facility, but we very
much want to streamline the process and maximize the chance for a fair market value sale
should the need arise.
Once this change has taken place the following criteria will continue to be met.
1. The proposed change will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or working in the neighborhood.
The property is currently operating as an assisted living facility and is approved for nine
residents. Adding three residents needing this type of care will not change the effect
the current facility and residents have on the neighborhood.
2. The proposed change will not create or contribute to blight in the neighborhood by virtue
of physical or operational characteristics.
Again, the property is currently operating as an assisted living facility and the
reconfiguration of the garage and breezeway spaces will not change the overall external
appeal of the property.
3. The proposed change will not create adverse impacts greater than allowed under
existing zoning for the property.
Moving to twelve residents from the currently allowed nine at the facility will not have
any adverse impact.
4. The proposed change 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.
Traffic related to the facility in its current set up consists of visiting family members,
staff, and a small van that picks up and drops off residents at consistent times
throughout the week. The increase in residents may require an increase of one staff
member part time, and the current owners describe family member visits as spread
throughout the week. There is ample parking, both on street and off, to accommodate
staff and family visits and the same will be in place with the increase in residents. If any
of the new residents use the van services, it will be at the same times as the current
residents. None of the current or future residents have cars, nor do they drive.
5. The proposed change is appropriately designed, ... so as to be in harmony and
compatible with the character of the surrounding areas and neighborhood, especially
with adjacent properties.
The architecture and design of this property is consistent with the neighborhood and
with properties on either side. All changes to the property to increase the number of
residents will utilize existing unfinished space within the current structures on the
property.
6. The proposed change will not overburden the capacities of the existing streets, utilities,
parks, schools and other public facilities and services.
The burden on these facilities with the increase in elderly residents will remain almost
the same as is currently in place.
7. There is a history of compliance by the applicant and/or property owner with Code
requirements and prior conditions, if any, regarding the subject property.
The current assisted living facility has been in compliance with the City of Wheat Ridge
building codes and have passed all inspections since opening in 2008.
8. The proposed change will cause the property to be in compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
There are no overall design changes being made other than to existing unfinished
structures and unused space on the property. The property will remain in compliance
after the changes are made.
Exhibit 2: Reconfiguration Options
g p
CD�
FENCE
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6;-
sPRVdKLER PROGRAM 2
CD
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VAU
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OVERED WALKWA
10' 4"
STRUCTURE
rn
SPRINKLER PROGRAM 4
SPRINKLER PROGRAM 4
SPRINKLER PROGRAM 6
85'0"-
4370-4380 INGALLS STREET, OFF STREET PARKING CONFIGURATION
5
SPRINKLER PROGRAMS
SPRINKLER PROGRAM I
(P
SPRINKLER PROGRAM 3
LD
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0
6
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SPRINKLER PROGRAM 6
85'0"-
4370-4380 INGALLS STREET, OFF STREET PARKING CONFIGURATION
FENCE
24'0' --
SPRINKLER PROGRAM 2
c)
GARAGE
81 10"
H AN 0; C Al'P V 1, i 4
bo
6OVERED WALKWAY
10' 4"
STRUCTURE
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SPRINKLER PROGRAM 4
SPRINKLER PROGRAM 4
18, 0'
SPRINKLER PROGRAM I SPRINKLER PROGRAM 5 5
O
SPRINKLER PROGRAM 3
85, 0"-
4370-4380 INGALLS STREET, OFF STREET PARKING CONFIGURATION
NOTE: ALL PARKING SPACES ARE &',", L.A'0 � I F-L'L i Ei- x.,i "
o o'
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6
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SPRINKLER PROGRAM 6
85, 0"-
4370-4380 INGALLS STREET, OFF STREET PARKING CONFIGURATION
NOTE: ALL PARKING SPACES ARE &',", L.A'0 � I F-L'L i Ei- x.,i "
FENCE] 7
4' O� — w
SPRINKLER PROGRAM 2
GARAGE
IN
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VAIN'
OVERED WALKW
is 10'4"
STRUCTURE
SPRINKLER PROGRAM 4
SPRINKLER PROGRAM 4
SPRINKLER PROGRAM 5 5
SPRINKLER PROGRAM I
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SPRINKLER PROGRAM 3
m
10
6
SPRINKLER PROGRAM 6
4370-4380 INGALLS STREET, OFF STREET PARKING CONFIGURATION
NOTE: ALL PARKING SPACES ARE SCALED AT 22 FEET BY 8 FEET,
Exhibit 3: Owner Permission Letter
11/6/2017
To Whom it may Concern:
Mr. and Mrs. Woolworth have a contract to purchase property 4370 Ingalls St. Wheat
Ridge, CO 80033, of which we are the legal owners.
This property has been operating successfully as an assisted living facility without issue
under a special use permit with the city. We hereby give permission to Mike and Suzanne
Woolworth to work with the City of Wheat Ridge to secure the appropriate special use
permitting so that upon the successful closing and transfer of title, Hearts and Hands
Assisted Senior Care facility may continue in its normal operation.
Thank you,
Jo L ers 11/6/2017 Susa�Hey�rne- Lain4ners 11/6/2
4370 Ingalls St.
Wheat Ridge, CO 80033
Application for Special Use Permit
To whom it may concern:
We are applying to renew the special use permit that was previously issued
and is currently in place for the 9 elderly assisted care residents at the
property address above. This facility is listed as having over 4000 sq ft. of
living space and due to the ample space we would like to get the new permit
issued for 12 residents. We have spoken on the phone with Zach Mendez
who also put us in tough with the building department to verify that we
could increase the number of residents without a problem. The building
department indicated that there is no problem up to 16 residents.
We would also like to get the new permit issued to the property address and
not to the owners so that it can transfer to future owners without going
through the permitting process. Parking will be the same as it has been
during the facility's current operation as staffing will continue to be the
same and the residents do not drive. There will be the occasional family
visitation, but in general parking and traffic will be the same as it has been.
We would also like to discuss and know the possibility and requirements for
being able to install a small sign in front of the property indicating the
business name and contact phone.
Thank you,
Mike and Suzanne Woolworth
10740 W. 46th Ave.
Wheat Ridge, CO 80033
720-272-7291
City of
W heat idc37c
COMMUNITY DLVELOPMEN'I
Submittal Checklist: Special Use Permit
Project Name:
Project Location:
Rev. 5/2014
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
2. Application fee
3. Signed submittal checklist (this document)
4. Proof of ownership—e.g. deed
5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
_6. Mineral rights certification form
_7. Written request and description of the proposal
Include a response to the SUP review criteria—these are found in Section 26-114
of the municipal code
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 .pdffile 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, 1 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, 1 understand that in the event any
revisions need to be made after the second (2"d) full review, 1 will be subject to the applicable resubmittal
fee.
Signature. Yj Date:
Name (please print): c �c"yme �✓cT,16Lrv%/h Phone: /f ) Z72 Z�Z
Community Development Department - (303) 235-2846 • www.ci.wheatridge.co.us