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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 6 R. fid+lap �` p _'fie w rr err Ff 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 Nil�. Geographic Information Systems Legend 4— - Q Subject Property 44TH AVE ...�..�. AM k Case No. SUP -18-01 / Woolworth 7 - 42ND AVEL- �— ---- - state Plane Coordinate Projection Colorado Cenral Zone N JDawm. WD83 �:..�..•»�. waw e�..a+..e.r.... «..« .�..•.•. Case No. SUP -18-01 / Woolworth 7 EXHIBIT 2: ZONING MAP COMM Geographic Information Systems Legend QSubject Property Residential -Two (R-2) Residential -Three (R-3) Commercial -One (C-1) Restricted Commercial (RC) Planned Commercial Development (PCD) Mixed Use Neiqhborhood (MU -N) r*• Case No. SUP -18-01 / Woolworth r-: U,: P. V -I a / Q r i j4 _ 1p . _ w tete Plone Coordinate Projection N Colorado Central Zone n .�' Datum: NAD83 ,ry\ 8 EXHIBIT 3: SITE PHOTOS Li_ 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 O '1; i t k EXHIBIT 4: PARKING LAYOUTS FENCE r.► `�' _ ��j - - 24- tr= i_ - - --- - - ; • c'1 �r 3rd > - 1 b l?ia� t]nP d T u° � �..�.. GARAGE - - - ,LOVERED WALKWAY -- STRUCTURE 22 b m� p E - P � E ; � anRswts'nwnaa�rs iii 1 I PFSNKLER PRoaRws a Gq 6 SVRM%LER MROORw 1 4370-4380 INGALLS STREET, OFF STREET PARKING CONFIGURATION 10VTt-' AL ='ARKWO EFACES ARE SCALFU ^"i FET &'► r=i (. Case No. SUP -18-01 / Woolworth 11 Case No. SUP -18-01 / Woolworth 12 i FENCE —► 24' 07, C-1 SPReiXLER pROGNNIY -' � �i, 10" GARAGE N _ IP'T 6PN114ER PpOORJW � - 43704380`1 GALLS STREET, OFF STREET PARMNG CONFIGURATION NOTE. ALL PIARMOI '. PAC€::: ARE SC'Ai il? AT 22 HiE r Lz Case No. SUP -18-01 / Woolworth 13 nn>r::x? VAL LVEREE) WALKiN c�• . �s_= 1V 4 - -STRUCTURE 1. STRUCTURE I EPRYNIlE4 PRg8RAY; --` 3pFah xR PRomm3 5 i 5 m �. o 3 �I 6 i 6PRII{%LER mR R— 6PN114ER PpOORJW � - 43704380`1 GALLS STREET, OFF STREET PARMNG CONFIGURATION NOTE. ALL PIARMOI '. PAC€::: ARE SC'Ai il? AT 22 HiE r Lz Case No. SUP -18-01 / Woolworth 13 t 1. I EPRYNIlE4 PRg8RAY; --` 3pFah xR PRomm3 5 i 5 69FR{RIM PROGRAtl I �. o 3 �I 6 a4( 6PN114ER PpOORJW � - 43704380`1 GALLS STREET, OFF STREET PARMNG CONFIGURATION NOTE. ALL PIARMOI '. PAC€::: ARE SC'Ai il? AT 22 HiE r Lz 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 ]� 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 -24 rLj 7i 6;- sPRVdKLER PROGRAM 2 CD N gomdwwGARAGE VAU CZ2SS AISLE 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 pi i > 0 6 rn 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 b R m 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' x 0 6 m 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 HA;iUCAP VAN' VAIN' OVERED WALKW is 10'4" STRUCTURE SPRINKLER PROGRAM 4 SPRINKLER PROGRAM 4 SPRINKLER PROGRAM 5 5 SPRINKLER PROGRAM I C) 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