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SUP-16-03
City of 00001 W heat I�idge COMMt)NiTY DFVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29t' Ave. August 23, 2016 Harry Hanley A Tip Top Tree 9505 W. 44th Ave Wheat Ridge, CO 80033 Dear Mr. Hanley: 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 tree trimming and landscape contracting in a Commercial -One (C-1) zone district for property located at 9505 West 44th Avenue. Please be aware that the conditions of approval must be in place within 60 days of issuance of a valid business license. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Approval of Special Use Permit Cc: Jerry DiTullio SUP -16-03 (case file) SUP 1603.doc www.ci.wheatridge.co.us r, City of d ��Wh6atP ge MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Approval of Special Use Permit WHEREAS, an application for a Special Use Permit was submitted to allow a tree trimming and landscape contractor service in a Commercial -One (C-1) zone district located at 9505 W. 44th Avenue referenced as Case No. SUP -16-03; and WHEREAS, City staff found basis for approval of the Special Use Permit relying on criteria listed in Sections 26-114 and 115 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 was submitted to allow a tree trimming and landscape contractor service in a Commercial -One (C-1) zone district located at 9505 W. 44th Avenue based on the following findings of fact: 1. The request for administrative SUP meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. The request will not have a detrimental effect upon the general health, safety, welfare or convenience of the public in the area if the recommendations by Staff are implemented. 3. The request will not adversely affect the adequate light and air, nor cause significant water or noise pollution, or cause drainage problems for the general area. 4. The request 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. 5. The request will not impact the physical character or contribute to blight in the area. 6. The request will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. 7. No objections to the Special Use Permit were received during the public notification period. One letter of support was received. With the following conditions: 1. Any firewood stored adjacent to the residences on Independence Street to the west must be relocated or pursuant to Section 26-624.A.3., have a 25' setback from the common property line. 2. The screening material on the existing fencing must be replaced where it's in disrepair. 3. No access will be allowed from the Hoyt/45th Avenue intersection. 4. All vehicles on the site must be parked on a paved surface. 5. No outside storage is allowed in the detention pond north of the looped drive. 6. The parking are in the front of the building must be striped. 7. The trash dumpster in front of the building must be enclosed on all sides by a 6' high solid fence. 8. The grant of use shall run with the business. www. ci.w h eatridge.co. u s 9. The Special Use Permit 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. Director ate Agreed to, on this day of August, 2016, by Harry Handley, business owner. V" City Of "� Who6at�idge PLANNING DIVISION STAFF REPORT TO Director of Community Development CASE MANAGER: Meredith Reckert DATE: August 16, 2016 CASE NO. & NAME: SUP -16-03/A Tip Top Tree Company ACTION REQUESTED: Approval of a Special Use Permit to allow a tree trimming and landscape contractor in a C-1 zone district LOCATION: 9505 W. 44th Avenue APPLICANT (S): Harry Hanley for A Tip Top Tree Company APPROXIMATE AREA: 1.59 acres PRESENT ZONING: Commercial -One PRESENT LAND USE: Party rental store, vacant building ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Administrative review 1 Case No. SUP- 16-03/A Tip Top Tree Company JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to make a decision regarding this case. I. REQUEST The applicant is requesting approval of a Special Use Permit (SUP) to allow a tree trimming and landscape contractor service in a Commercial -One (C-1) zone district. An aerial photo depicting use areas was submitted as part of the application. (Exhibit 1, Aerial site plan and photos) Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, 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 owners by letter 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 Director of Community Development concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. 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. 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 of this section. II. EXISTING CONDITIONS The property is located on 44th Avenue east of Independence Street. It is zoned Commercial -One (C-1) and is currently occupied by two large commercial buildings. The C-1 zone district was established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The district is supported by the community and/or entire region. The Jefferson County Assessor inventories the site as having two structures. The first is a general retail building constructed in 1974, with a total of 4,538 square feet. The second is a multi -use storage building constructed in 2009, with a total of 5,720 square feet. The site has a land area of 69,199 square feet (1.59 acres). Access to the site is from West 44th Avenue with parking in front of the building. A drive from the front parking lot extends to the north and loops around the building. There is also frontage to the interior intersection of Hoyt Street and West 45th Avenue at the very northeast corner of site Administrative review Case No. SUP -16-03/A Tip Top Tree Company but general access is not provided from here as it is blocked with a fence. The property is fenced on the sides and rear with 6' solid wood and a 6' high chainlink fence with fabric screening or slats in various states of repair. A detention area is located north of the looped drive. (Exhibit 2, Aerial photo) West 44th Avenue is classified as a minor arterial and carries over 12,000 vehicles per day (2009 count). Adjacent property and zoning include car repair facilities on 44th Avenue both to the east and the west of the site with C-1 zoning. Further north along Independence are residential properties zoned A-1 and to the northeast is a residential area comprised of single and two-family dwellings zoned R-2. (Exhibit 3, zoning map) III. CASE ANALYSIS The applicant's business was formerly located at 10140 W. 44th Avenue but was displaced as the property is in the process of being developed. The proposed use of the site includes the use of service trucks and other heavy equipment, the stockpiling of bulk landscape materials and the storage, sale and delivery of bulk firewood. Based on the above described activities, city staff has concluded that the proposed business model fits in the zoning code as a "building or landscape contractor's service shop and storage yard incidental to an office/showroom principal use", which is a Special Use in the C-1 zone district. A "building contractor's service shop" in the zoning and development code is defined as follows: "Carpenters, painters, roofers, electricians, plumbers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the business but do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur on the premises." A Tip Top Tree Company performs landscape and tree trimming services. They have several trucks that are used to deliver plant materials, and boom trucks that are used for tree trimming. Much of the plant material generated from job sites is brought back to the business location and processed for fire wood sales. What is not suitable for use as fire wood is disposed of in a dumpster which is currently located in the front parking area. The dumpster is large measuring roughly 20' x 8' and 6' in height. According to the applicant's representative, the dumpster is serviced every 30 days by a semi -trailer. Pursuant to Section 26-614 of the municipal code, trash storage for all business and industrial buildings or uses shall be accommodated within the structure, or if outside, shall be screened so as not to be visible from any public street or within 100' of a one or two family residential structure. The applicant would like to leave the dumpster in the front parking area instead of on the sides or back of the building behind the existing gate and is willing to build a dumpster enclosure to do so. Except for bumper blocks in front of the retail store, the parking lot is not striped. However, it should be able to accommodate another 12 spaces in addition to 7 in front of the store front. A dumpster if screened and left in front of the building would reduce the parking by another 2 Administrative review Case No. SUP -16-03/A Tip Top Tree Company spaces. The amount of parking still seems to be adequate for both the party rental facility and the new tenant. Plant material inventory is located in the northeast section of the property and is comprised of trees and mulch. The storage of plant materials in this location provides additional screening for the neighborhood to the northeast. The storage of firewood is located on the west side of the building adjacent to the auto repair facility at 9695 W. 44th Avenue. Care should be taken so that the wood storage is not placed adjacent the residential properties to the west. No other site improvements are proposed. A small area of the existing building is used as office space for the business. There are restrooms in place inside the building to be used by employees and customers who visit the site. Attached as Exhibit 4 are additional photos taken by Staff. (Exhibit 4, site photos IV. SPECIAL USE PERMIT CRITERIA Before an administrative special use is approved, the applicant shall show and the Community Development Director shall find that the majority of the proposed special use criteria have been met. Staff provides the following review and analysis of the SUP criteria. The applicant has submitted an analysis of the criteria. (Exhibit 6, SUP criteria) 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The property has been used commercially since the early 1970's and no physical changes are proposed. The new use will not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood. West 44th has adequate capacity to handle the traffic generated by the business. The use of 45th and Hoyt intersection for alternate access will not be allowed. Staff concludes that 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. The request will not create or contribute to blight in the neighborhood if properly operated with conditions recommended by Staff. Staff concludes that this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Staff has not identified any adverse impacts greater than are allowed under the existing zoning. The list of C-1 permitted uses allows a variety of commercial operations many of which could be more impactive than the proposal. Those would include regional Administrative review 4 Case No. SUP- 16-03/A Tip Top Tree Company commercial businesses such as 24-hour grocery or convenience stores, bars, restaurants and banks. The stocking of trees in the northeast corner of the site will provide an extra buffer for the neighborhood to the northeast. Any firewood stored adjacent to the residences on Independence Street to the west must be relocated or pursuant to Section 26-624.A.3., have a 25' setback from the common property line. Staff concludes that this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. West 44th Avenue is designated as a minor arterial and has adequate capacity to serve any additional traffic generated to and from the site. Adequate parking is provided for the building and traffic flow on the property and will accommodate the proposed use. Staff concludes that this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. All structures and property improvements are already in place. No changes to the exterior of the building are being proposed. As a result, all setbacks from surrounding structures will remain the same and the structure height will remain unchanged. The impervious surfaces will not be changed so site drainage will continue to flow to the detention area north of the looped drive. Conditions required by Staff will improve the aesthetics of the site and provide additional screening of outside storage areas. Staff concludes that this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utility agencies are currently serving the property and based on referral responses received, will continue to do so. There will be no impact on parks, utilities or other public facilities or services. Staff concludes that this criterion has been met. Administrative review Case No. SUP -16-03/A Tip Top Tree Company 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 property owner has had title to the property since 2012. According to code enforcement records, there have been no violations in the past four years. Staff concludes that this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The existing structures are already in place and the additional use will not trigger compliance with the ASDM Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on July 20, 2016. There were no attendees from the neighborhood. A letter of support was submitted by the business owner located at 9395 W. 44th Avenue. (Exhibit 7, Letter of Support) There were no positive or negative responses to the administrative posting and noticing for the SUP. VI. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. The following responses were received: Arvada Fire Protection District: Can continue to serve the property. Clear Creek Valley Sanitation District. Is already serving the property and has no objections to the proposed Special Use. Valley Water District. Has no concerns and can continue to serve the property. Wheat Ridge Police Department. Has no concerns with the project. Wheat Ridge Public Works: Has no concerns regarding traffic or drainage. All other affected agencies did not respond. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Administrative review Case No. SUP -16-03/A Tip Top Tree Company Having found the application for Case No. SUP -16-03, a Special Use Permit to allow a tree trimming and landscape contractor service in a Commercial -One (C-1) zone district on property zoned C-1 at 9505 W. 44th Avenue, to be complete and in compliance with the majority of the applicable review criteria, staff is recommending APPROVAL of the Special Use request based on the following findings of fact: 1. The request for administrative SUP meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. The request will not have a detrimental effect upon the general health, safety, welfare or convenience of the public in the area if the recommendations by Staff are implemented. 3. The request will not adversely affect the adequate light and air, nor cause significant water or noise pollution, or cause drainage problems for the general area. 4. The request 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. 5. The request will not impact the physical character or contribute to blight in the area. 6. The request will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. 7. No objections to the Special Use Permit were received during the public notification period. One letter of support was received. With the following conditions: 1. Any firewood stored adjacent to the residences on Independence Street to the west must be relocated or pursuant to Section 26-624.A.3., have a 25' setback from the common property line. . 2. The screening material on the existing fencing must be replaced where it's in disrepair. 3. No access will be allowed from the Hoyt/45th Avenue intersection. 4. All vehicles on the site must be parked on a paved surface. 5. No outside storage is allowed in the detention pond north of the looped drive. 6. The parking are in the front of the building must be striped. 7. The trash dumpster in front of the building must be enclosed on all sides by a 6' high solid fence. 8. The grant of use shall run with the business. 9. The Special Use Permit 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. Administrative review Case No. SUP -16-03/A Tip Top Tree Company Exhibit I. Site plan with use area photos Administrative review Case No. SUP- 16-03/A Tip Top Tree Company Administrative review Case No. SUP -16-03/A Tip Top Tree Company Key to use areas on 9505 W. 44th Location # 1 - Fencing in front of building on west side of building Location #2 - Bulk storage of firewood on west side of building Administrative review 10 Case No. SUP -16-03/A Tip Top Tree Company Administrative review Case No. SUP -16-03/A Tip Top Tree Company Location #2 -Bulk storage of firewood on west side of building Tree inventory Planted on-site Location #3- Trees and mulch inventories on northeast corner of the site 11 Administrative review Case No. SUP- 16-03/A Tip Top Tree Company Location #4 - Unscreened dumpster on west side of site in front parking area Location #4 - Fencing adjacent to west side of building 12 `;,P Location #5 -Trucks parked in rear Location #6 - View of detention pond on north side of site Administrative review 13 Case No. SUP -16-03/A Tip Top Tree Company .k'' Location #7 - Drive area on east side of building Location #8 - Front entrance to building Administrative review 14 Case No. SUP- 16-03/A Tip Top Tree Company Location #9 - Office area in building Location #9 - Restrooms in building Administrative review 15 Case No. SUP -16-03/A Tip Top Tree Company Exhibit 2, Aerial Photo Administrative review 16 Case No. SUP -16-03/A Tip Top Tree Company Exhibit 3, Zoning Map Exhibit 4, Additional photos taken by Staff Administrative review 17 Case No. SUP- 16-03/A Tip Top Tree Company Existing screening on east side of property Existing screening on east side of property Administrative review 18 Case No. SUP- 16-03/A Tip Top Tree Company Tree inventory planted on- site View from intersection of Hoyt and 45th Administrative review 19 Case No. SUP- 16-03/A Tip Top Tree Company Exhibit 5, Applicant's response to SUP criteria Review Criteria; Special Use Permit (SUR) A Top Top Tet Company, LLC A special use permit (SUP) is (equired for approval of a spedsJ use in any zone district. Per Section 26-114 of the Wheat Ridge Municipal Cede, the Community Development Director or City Council shall bass; its decision to approve, approve with conditions, or deny an SUP application in consideration of the following criteria ua. ' -- 1 - a 1. The special use will not have, a detrimental effect upon the general health, welfare, safety and convenience of persons residing or wincing in the neighborhood The proposed use by "A Tip Top Tree Company, LLC" will be Tree Trimming and Landscape ContractingMervice, located at 9505 W. 441h Ave, Wheat Ridge, CO. 80033. The property Is toned Commercial One (Ci) and is surrounded by othercommercial properties. The fence around the property has been iscreened. The proposed use will be - Tree Trimming and Landscape ContractingfService - (see photos)- NO RETAIL SALES. 2. The special Erse will not create or contribute to blight in the n+righbort=d by virtutr; of phys�r,at or operational characteristics. No (see photos), The ilumpster (see photo) can be screened or moved to Inside the yard - 3. The special use volt not create adverse inrpaLts greater Man allowed under existing zoning for the property The property is zoned Commercial One (Cl) and is surrounded by other commercial properties,. The fence around the property has been screened- There is sufficient parking on the property. The building on the property is used for office space (two seats max) for A Tip Top Tree Company, LLC (see photo). 4. The special use will not result in undue traffic congesticm or traffic haZerds, or unsafe parking, loading, service or internal traff C 0onflicls to the detriment of persons whether an or off the site. No (see photos)o 5. The property is appropriately designed, inciutiing setbacks, freights. parking, bulk, fitlffenng. screenirtg ar>kf landscaping. so as to be in harmony and com gabble with the character of the surrounding areas and neighborhood, especially with adjacent propesrties. Yes (see photos), f. The spe<;i2t use will not overburden the capacities of the existing streets. Utililles, parks, schools and other public facrlities and services. No. (see photos) Communay f�.rrlclfFertne,l C)e-�a�tment i:�(?31 235-2'846 waver ��a.wh�aalririge.cc.u7 Administrative review 20 Case No. SUP -16-03/A Tip Top Tree Company 7. There is a history of compiiance, by the epplicant andoor properrY OWrIef with Code ,requircme-niz and priof c*nLIwtj,,%O, if -drly, regarding Me Suoject Propeq, Do not :mow history, but assum, v YES. 8 Trae application is in submanUall compliance with the appdicable standarbs see l forth in the Arrhijectured and SO& D49&ign Manual. NIA ? Administrative review 21 Case No. SUP -16-03/A Tip Top Tree Company Exhibit 6, Letter of Support Vira Kaowthumrong Silveroil Co. Inc, 9395 W. 4 4di Ave. Wheat Ridge, CO 80033 City of Wheat Ridige Office of Planning& Developme lit 7500 W. 29th Ave. 2nd Floor Wheat Ridge, CO 80033 To Whom It May Concern; I would like to express any support to allow TJ p Top Tree to maintain their busines.s in the city of Wheat Ridge, As the owner of Silveroil Cn. Inc,, mY company, and I have %vorked with the company for more than 30 years. Our long business partner-shl p S e has given ine a firsthand look at Tip Top Tree's personalized Cu tom r service, attention todetail, and profe.ssionalisiyI —all qualitiesofabusinesr-thitisaiiassLt to the local coin munitv- I Thankyou for your time and co iisideration. Sincerely. Vira Ka(wthumong 30_3-588-8428 Administrative review 22 Case No. SUP- I 6-03/A Tip Top Tree Company City of Wheat idge POSTING CERTIFICATION CASE NO. SUP -16-03 DEADLINE FOR WRITTEN COMMENTS: August 8, 2016 (name residing at�� (address) as the applicant for Case No Public Notice at SUP -16-03 9505 W. 44`' Avenue hereby certify that I have posted the sign for (location) on this 291h day of July and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Co nu 'y Development Department for this case and will be placed in the applicant's case file. MAP -;�Citvy of W heat j�idge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments [sign must be in place until 5pm on August 8, 2016]. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. Vira Kaowthumrong Silveroil Co. Inc. 9395 W. 44th Ave. Wheat Ridge, CO 80033 City of Wheat Ridge Office of Planning & Development 7500 W. 29th Ave. 2nd Floor Wheat Ridge, CO 80033 To Whom It May Concern: I would like to express my support to allow Tip Top Tree to maintain their business in the city of Wheat Ridge. As the owner of Silveroil Co. Inc., my company, and I have worked with the company for more than 30 years. Our long business partnership has given me a firsthand look at Tip Top Tree's personalized customer service, attention to detail, and professionalism — all qualities of a business that is an asset to the local community. Thank you for your time and consideration. Sincerely, Vira Kaowthumong 303-588-8428 Rev. 5/2014 City Of l W heatj�idge COMMUNITY DEVELOPMENT Review Criteria: Special Use Permit (SUP) A Top Top Tree Company, LLC A special use permit (SUP) is required for approval of a special use in any zone district. Per Section 26-114 of the Wheat Ridge Municipal Code, the Community Development Director or City Council shall base its decision to approve, approve with conditions, or deny an SUP application in consideration of the following criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed use by "A Tip Top Tree Company, LLC" will be Tree Trimming and Landscape Contracting/Service located at 9505 W. 44th Ave, Wheat Ridge, CO. 80033. The property is zoned Commercial One (C1) and is surrounded by other commercial properties. The fence around the property has been screened. The proposed use will be - Tree Trimming and Landscape Contracting/Service - (see photos). NO RETAIL SALES. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. No (see photos). The dumpster (see photo) can be screened or moved to inside the yard. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. The property is zoned Commercial One (C1) and is surrounded by other commercial properties. The fence around the property has been screened. There is sufficient parking on the property. The building on the property is used for office space (two seats max) for A Tip Top Tree Company, LLC (see photo). 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. No (see photos). 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. Yes (see photos). 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. No. (see photos) Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us 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. Do not know history, but assume YES. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. N/A ? Meredith Reckert From: Mark Cooney Sent: Monday, July 25, 2016 9:39 AM To: Meredith Reckert Subject: RE: Referral - Tip Top Tree I am fine with this. Mark Cooney Investigations Commander Wheat Ridge Police Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2931 CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Meredith Reckert Sent: Monday, July 25, 2016 9:27 AM To: Mark Cooney Subject: Referral - Tip Top Tree Dear Mark, The Wheat Ridge Community Development Department has received a request for approval of Special Use Permit to allow a tree trimming and landscape contractor at 9505 W. 44th Avenue (Case No. SUP -16-03/A Tip Top Tree Company). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: SUP -16-03/ A Tip Top Tree Company Comments are due by August 8, 2016; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2848 Fax: 303-234-2857 www.ci.wheatridae.co.us City of W heatidge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: July 25, 2016 SUBJECT: SUP -16-03/A Tip Top Tree Company SUP, 9505 W. 441h Avenue I have completed my review for the request for a Special Use Permit at the property at 9505 W. 44`h Avenue to allow a tree trimming and landscape contractor service in a Commercial -One (C-1) zone district received on July 25, 2016, and I have the following comments: I . It does not appear that the current request requiring a Special Use Permit entails any site changes which could trigger traffic or drainage requirements. Therefore, Public Works has no comments at this time. 2. The applicant needs to be informed however that the area on the northerly portion of the subject property is an engineered detention/water quality facility. If the applicant should ever wish to modify said area in any way (including landscaping) they must submit a plan showing the proposal for review and approval by the City prior to commencement of any site work. To Mere - TipTop_9505 W. 44th Ave SUP Review-Ldoex Meredith Reckert From: Kevin Ferry <kevin.ferry@arvadafire.com> Sent: Wednesday, August 3, 2016 4:13 PM To: Meredith Reckert Subject: Case SUP-16-03/Tip Top Tree Meredith: Arvada Fire has no comments or additional requirements for Case No. SUP-16-03/Tip Top Tree. Kevin Ferry Fire Marshal Arvada Fire Protection District 7903 Allison Way Arvada, CO 80005 Direct: 720-398-0297 Fire is Everyone's F,9, -)t From: Meredith Reckert[mai Ito: mreckertCcDci.wheatridge.co.us] Sent: Monday, July 25, 2016 9:42 AM To: kevin.ferry@arvadafire.com Subject: Land Use Referral Dear Kevin, The Wheat Ridge Community Development Department has received a request for approval of a Special Use Permit to allow a tree trimming and landscape contractor service at 9505 W. 44th Avenue (Case No. SUP-16- 03/Tip Top Tree). Please download the application documents from the City's FTP site using the following credentials. The file is located in the "Community Development" folder, and the file name is SUP -16-03 A Tip Top Tree. Access the site at: ftp://ftp.ci.wheatridge.co.us/outbox/ User name: cowrftp Password: cowrftp2012 Path: Community Development 4 SUP -16-03 A Tip Top Tree Comments are due by August 8, 2016; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader can be downloaded here: http://get.adobe.com/reader/ 07/26/16 TUE 09:47 FAX 3Q_j 424 0628 VALLEY WATER DIS 0001 VALLEY WATER DISTRICT 12101 WEST' 52ND AVFNUL WHEAT RTDGF., COLORADO KOAX43 ' Ni.r..vi JONr,, 303-424-966'1 FAY 301-424-0828 July 26, 2016 Meredith Reckert City of Wheat Midge 7500 W. 291" Avenue Wheat, Ridge, CO 80033 Dear Meredith: In response to your Case No. SUI' -16-03/A, Tip'rop Tree Company, the Valley Water District offers the following comments: l . The District currently provides water service to the property. Should additional nta.ins, lire hydrants or taps he needed, the District should be uontacted to review any proposed than=es. I nic. District has no concerns with the proposed special use permit. Please feel free to contact me with any questions. Sin cls , ,z atil cen'Kadnuck District Otlice Manager City of W heat jdge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: July 25, 2016 Response Due: August 8, 2016 The Wheat Ridge Community Development Department has received a request for approval of a Special Use Permit to allow a tree trimming and landscape contractor service in a Commercial -One (C-1) zone district located at 9505 W. 44th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP -1 6-03/A Tip Top Tree Company Request: Approval of Special Use Permit to allow a tree trimming and landscape contractor service on property located at 9505 W. 44th Avenue. The property in question is roughly 1.59 acres in size and no modifications to the site or building are proposed. The tree service will operate out of the existing building and will have landscape materials (trees) and equipment on the property. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Arvada Fire Protection District Valley Water District Clear Creek Valley Sanitation "The Carnation City' Wheat Ridge Economic Development Wheat Ridge Public Works Wheat Ridge Building Division Wheat Ridge Police City of Whits o -� � COMMUNITY fDEVELOPMENT What is a Special Use? Special uses are discretionary uses which, if properly designed, developed, operated, and maintained may be approved in a zone district where the special use is permitted. The primary issues to be addressed are those related to the justification of need and special design, as well as operational considerations which mitigate the potential detrimental impacts on surrounding land uses, the street system, and public services or facilities. A special use permit can be granted administratively by the Community Development Director or by City Council. Special use approvals can be vested with the land in perpetuity, can be granted only to the applicant, or can be for a specific period of time. Obtaining a special use approval can take as little as two months or as long as four months depending on the nature of the request and whether an administrative approval occurs. Special Use Permit Criteria Before a special use permit is approved, the applicant will demonstrate that the following criteria have been met: • Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. • Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. • Will not create adverse impacts greater than allowed under existing zoning for the property. • 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. • Is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. • Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. • 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. • Will be in compliance with the applicable standards set forth in the Architectural and Site Design Manual. Standard Schedule Step 1: Pre -application Meeting Step 2: Neighborhood Meeting Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes No Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us Aerial Zoning Map 9505 W. 44th Avenue—A Tip Top Tree Co. Neighborhood meeting—July 20, 2016 o: .....049.9 "mot _ a " # 049095 i o44solr. N' 1 ..pLU--- UA ° oMio Z W6. `, i W -.04440 C�.. 1 a 0� 09"s 4. 09695 o9sos f .y 09695 0l49s W —"56071 00459 W623LIJ ! CD..� W 04480 . 04505 r �. w - 45TH AVE i o ^" 04aso 455 04440 S C 445 04895 a5s0` 409491 8'O1� 03695. 19701 09L95 09665 > 9c �+ ±' _ l 44TH AVE 0 09664 09660 - - 0950<1"" -. 09490 .�., 04390 "350 P "371 04585 04385 04374 r 043110 M: --i..�_ .� ..,..er n.•.oc .,..... Landscape and other types of contractors are a Special Use in the C-1 zone district "dl?D uoaltiumJ Mill deur XIIUIOin A41 City of Wheat'dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: July 20, 2016 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Second Floor Conference Room Wheat Ridge Municipal Building 7500 W. 29th Avenue Property location: 9505 W. 40 Avenue Applicants: Harry Hanley — A Tip Top Tree Company Odarka Figlus Jerry DiTullio Property owners: 9505 LLC Mark Chenweth Property Owner(s) present? No Existing Zoning: C-1, Commercial -One Comprehensive Plan Neighborhood Commercial Corridor Member(s) of the community present: No members of the community were present. Applicant's Proposal: The applicants are requesting a Special Use Permit to allow a tree trimming and landscape contractor service for the property at 9505 W. 44th Avenue. The applicants will use a desk in the existing building as office space and equipment and plant materials (trees) will be kept on the site. No modifications to the property or building are proposed. Existing Conditions: The property is located on 44th Avenue east of Independence Street. It is zoned Commercial -One (C-1) and is currently occupied by a large commercial building. The C-1 zone district was established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The district is supported by the community and/or entire region. The Jefferson County Assessor inventories the site as having two structures. The first is a general retail building constructed in 1974, with a total of 4,538 square feet. The second is a multi -use storage building constructed in 2009, with a total of 5,720 square feet. The site has a land area of 69,199 square feet (1.59 acres), per the Jefferson County Accessor. www.d.wheatridge.co.us Property appraisal system Property Information 1 OF 423 Next GENERAL INFORMATION PIN/Schedule: 300214975 Status: Active Property Address: 09505 W 44TH AVE WHEAT RIDGE CO 80033 Mailing Address: 05450 INDIANA ST GOLDEN CO 80403 Neighborhood: 335 - PROPERTY DESCRIPTION Subdivision Name: 391200 - JUCHEM GARDEN PLACE AIN/Parcel ID: 39-222-08-020 Property Type: Commercial Owner Names) 9505 LLC Slock Lot Key Section —ITownship lRange lQuartersection Land S ft 118 OOA 122 13 169 NW 69199 Total 69199 Assessor Parcel Maps Associated with Schedule ma 39-222. df COMMERCIAL INVENTORY Buildinq Numbe Year Built Qu 2009 SALE HISTORY acture Type jUnitsjMain neral Retail 11 14538 W -Use Storaoe 1 15720 ment Interactive Map nd F 199 Page 1 of 1 TAX INFORMATION 2016 Pa able 2017 2016 2016 Mill Levy Information Actual Value Land 256,100 Imp 721,700, otal 977,800 WHEAT RIDGE Assessed Value Land 74,269 Imp 209,293 otal 283 562 2015 Payable 2016 TB URBAN DRAINAGE&FLOOD C SO PLAT Actual Value Land 256,100 Imp 721,700 otal 977,800 Assessed Value Land 74,269 limp 1 209,293 otal 1 283,562 Treasurer Information View Mill Levy Detail For Year 2016 2016 Mill Levy Information OA District 3105 County TB School TB WHEAT RIDGE TB RVADA FIRE DIST TBAI CLEAR CRK VLY WATER & SAN DIST TBAI REGIONAL TRANSPORTATION DIST TB URBAN DRAINAGE&FLOOD CONT DIST TB URBAN DRAINAGE&FLOOD C SO PLAT TB VALLEY WATER DIST TB otal TB I.� http://ats.jeffco.us/ats/displaygeneral.do?sch=214975&offset=0 07/25/2016 t� E- City of WheatK,,dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE July 29, 2016 Dear Property Owner: This is to inform you of Case No. SUP -16-03, a request for approval of a special use permit to allow for tree trimming and landscape contracting in a Commercial - One (C-1) zone district for property located at 9505 West 44th Avenue. Pursuant to Section 26-114 of the City Code, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on August 8, 2016. Thank you. SUP 1603. doc www.ci.w heatridge.co.0 s 9 — a �J LIP r � � Al • ■ LYJ 9505 LLC ADVANCED OPTIMIZATION LLC ALDER HOLDINGS LLC 5450 INDIANA ST 7 LINKVIEW CT 9544 W 44TH AVE GOLDEN CO 80403 PHOENIX MD 21131 WHEAT RIDGE CO 80033 BOIVIN ERIC N 9660 W 44TH AVE WHEAT RIDGE CO 80033 GALLEGOS SUSAN R 4480 INDEPENDENCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE AUTO PARTNERS LLC 496 S BROADWAY ST DENVER CO 80209 CHAPPELL CORY 4460 INDEPENDENCE ST WHEAT RIDGE CO 80033 KOELTZOW OLGA M 8001 W 71ST AVE #42B ARVADA CO 80004 DRUMMOND DEREK M DRUMMOND ELIZABETH A 4440 INDEPENDENCE ST WHEAT RIDGE CO 80033 RDB LLC PO BOX 16219 GOLDEN CO 80402 Vira Kaowthumrong Silveroil Co. Inc. 9395 W. 44th Ave. Wheat Ridge, CO 80033 City of Wheat Ridge Office of Planning & Development 7500 W. 29th Ave. 2nd Floor Wheat Ridge, CO 80033 To Whom It May Concern: I would like to express my support to allow Tip Top Tree to maintain their business in the city of Wheat Ridge. As the owner of Silveroil Co. Inc., my company, and I have worked with the company for more than 30 years. Our long business partnership has given me a firsthand look at Tip Top Tree's personalized customer service, attention to detail, and professionalism — all qualities of a business that is an asset to the local community. Thank you for your time and consideration. Sincerely, Vira Kaowthumong 303-588-8428 M.0 cm (1) CL � d � N O t dam' N 0 L- 0 O m L O U CL U U J •N C � M N C 'E r E� H = i O .m m i O _E Q o O V m L a a� �V /W '6 V i a wL j4�) I, N M d U-) SPECIAL USE PERMIT STANDARD SCHEDULE City of �(j_Wh6ai COMMUNITY DEVELOI Community Developme Ph: 303-235-2846 Fax: STEP 1: Pre -application Meeting STEP 2: Neighborhood Meeting STEP 3: Submit Complete Application www.ci.wheatridge.co.us STEP 4: Staff Review, Referral (Typically 15 days) STEP 5: Comments to Applicant Changes Necessary? Yes No www.ci.wheatridge.co.us N L _ N C T N.L. ., T C C, o N N r o a m> C OnE Q d v _ . 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Y ' Q� O U O O -.0 m w m , (mj N aU O 0.2 N L„ 7 . O Q) N . N' N N 7 E j C ° N N co 'D 7 N (6 m ,, a O C'6 O cm c: U vi U 7 QaU > c," 2 m y Y o o m omn(n Q O C- Cm �oow°-Y�> O W N �N E > E c 2Lot$ U a) n2 7 m m a o E N C N �7 n c NL 2)°-. U > - E EoE °ca cmo-o'T)m-a mm (ccUp> o ° -a E' ° m�� o Utj N C m> m C C N d '� (O E E m Q m 3 V O o C L m C C a O L.L 7 E (p N (n N N E L Qj 3Q�c 'V o C C p U C mo@cco o d O c' m "C d m m o m E 0 O U' U m� -a -a ' N D E T cc Q d funs U Q ° L) (aa • N u Z U u e i5 e, STerikj VSt '** �A41 miry or Wh6a-tP.,j-dge OMMUNITY DEVELOPMENT Wheat Ridge Community Development Department Meeting Date: Applicant and/or Applicant Representative(s): PRE -APPLICATION MEETING SUMMARY January 14, 2016 Odarka Figlus Harry Handley A Tip Top Tree Company, LLC atiptoptree@,hotmail.com Phone: 303-431-7910 Thomas Ripp Boatright & Ripp TomRipp kbrs attorneys. com Phone: 303-423-7131 Attending Staff: Meredith Reckert, Senior Planner Zack Wallace, Planning Technician Steve Art, Economic Development Manager Specific Site Location: 9505 West 44th Avenue Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood 44th Avenue: Neighborhood Commercial Corridor Existing Site Conditions: The property is located on 44th Avenue east of Independence Street. It is zoned Commercial -One (C-1) and is currently occupied by a large commercial building. The C-1 zone district was established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The district is supported by the community and/or entire region. The Jefferson County Assessor inventories the site as having two structures. The first is a general retail building constructed in 1974, with a total of 4,538 square feet. The second is a multi -use storage building constructed in 2009, with a total of 5,720 square feet. The site has a land area of 69,199 square feet (1.59 acres), per the Jefferson County Accessor. Figure 1: 2014 aerial photograph of the site showing relative location and current conditions Figure 2: 2014 aerial photograph of the site with an overlay of the current zone districts Applicant/Owner Preliminary Proposal: The applicant is proposing to relocate A Tip Top Tree Company, LLC to the existing structure at 9505 W. 44t Avenue. The building is currently home to Celebration Party Rentals. Celebration Party Rentals will remain and the building will be shared with A Tip Top Tree Company, LLC. A Tip Top Tree Company, LLC was formerly located west of 44th Avenue & Kipling Street at 10140 W. 44th Avenue. The property owner sold the property for redevelopment, prompting the need for the company to move. The applicants are planning on providing screening along the east and north side of the new property, in an effort to minimize impacts on the surrounding area. Will a neighborhood meeting need to be held prior to application submittal? If it is determined that a Special Use Permit is required, yes a neighborhood meeting is also required. If it is determined that a Special Use Permit is not required, no a neighborhood meeting does not need to be held. Planning comments: The following items were discussed based on the applicant's proposal: 2 During the meeting, Staff heard the proposal from A Tip Top Tree Company, LLC, as well as input from Tom Ripp concerning how A Tip Top Tree Company, LLC, in his opinion, does not meet the requirements for needing a Special Use Permit. Staff asked for a formal letter detailing the business operations and showing a site plan which demonstrates that A Tip Top Tree Company, LLC is not a contractor, and therefore does not fall into the `building or landscape contractor's service shop and storage yard incidental to an office/showroom principal use' category of the Commercial Use Chart (Section 26-204 of the Wheat Ridge Municipal Code), which requires a Special Use Permit on a C-1 zoned property. It has yet to be determined if a Special Use Permit is required. This decision is pending the review of supplemental information provided by the applicants, and review by the Community Development Director. Building Division comments: Please be advised that planning notes and processes are only one aspect of the process. Most construction will require building permits, and perhaps even the issuance of new Certificate of Occupancy depending on the use or reuse of the structure/s. Public Works comments: Public Works was not present and has no comments at this time. Review Process IF it is determined that a Special Use Permit is required, the following Special Use Permit process will be required: Neighborhood Meeting The first step in the Special Use Permit (SUP) process is the pre -application meeting, which took place on January 14, 2016. The next step is to conduct a neighborhood meeting. The applicant is responsible for drafting a letter that will be delivered (via mail or hand delivery) to all property owners and current residents in a 600 -foot radius of the subject property. The letter must be approved by the Community Development department PRIOR to sending. The Community Development department can provide the applicant with a neighborhood meeting letter template and samples, if necessary. Additionally, the Community Development department will pull the property and resident information from the County records and provide the applicant with mailing labels. The applicant will coordinate with the Community Development department on the time and location of the neighborhood meeting. The meeting may be held in the Wheat Ridge Municipal Building Conference Room, or any other location the applicant desires. There is a $100 fee for the meeting, and an additional 50 -cent fee for each page of mailing labels provided to the applicant (average is about $243). Staff will be present at the meeting to answer any zoning, land use, and process related questions. However, the applicant will lead the meeting and inform the audience about the proposal. Application Once the neighborhood meeting is complete, a formal application may be submitted. Because the exterior of the site will be used for the business, a site plan will be required as part of the application materials. The SUP application will be assigned a case number and case manager. The case manager will be the applicant's point of contact at the City for the duration of the case processing. The case manager will review your case, and sent it out on referral to City and outside agencies for review. The referral period is 15 days, during which time all departments and agencies may submit comments on the application. These comments, as well as those from the case manager, may require modifications to the application. Once review of the application is complete, the property must be posted. This posting lasts 10 consecutive days and requires a sign to be posted on the property. Additionally, the Community Development department will send out written notification of the SUP request to all property owners within 300 -feet of the subject property. If no legitimate complaints are received during this posting period, the Special Use Permit application may be reviewed and decided upon administratively. If a legitimate complaint is received by the Community Development Department during this posting period, the Special Use Permit will be automatically forwarded to the City Council for a public hearing and decision. If the application is reviewed administratively and denied, the applicant can appeal the decision to the City Council. If the case is forwarded to City Council due to receipt of legitimate objections, or due to appeal by the applicant, the property must be posted again. This posting period lasts 15 consecutive days and will require a sign to be posted on the property. The Community Development Department will also mail out notification of the hearing to all property owners within 300 -feet of the subject site. At the public hearing before City Council, the case manager will present the case, and based on an established set of criteria present evident to recommend the approval, approval with conditions, or denial of the Special Use Permit. The applicant, and the public, will be allowed to present evidence and provide testimony in support of opposition of the Special Use Permit. The City Council will then make a decision of approval, approval with conditions, or denial based on the testimonies provided by staff, the applicant, and the public. Attachments: None. Note: Please be aware that the above comments are for general information purposes only. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision-making body (Community Development Director, Public Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate and information submitted. Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Senior Planner 303-235-2845 Lisa Ritchie — Planner II 303-235-2852 Zack Wallace — Planning Technician 303-235-2849 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 9 `,,, 91 City of ]�"`Wh6atWdgTe LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge CO 80033 a Phone (303 23 5-2846 (Please print or type all information) e Applicant �h `� i Address �lt�5 /s)- %U`�' Phone 13/-7'?/6 City L. »ib) J A �G 4- State L D Zip- �1�D,3 - Fax Owner //��A P CA -0/', y lii� C���� Address c15 -t' J '-U' Lf �/ Al �i Phone 3 4/75 CityCN ff E�//J��l LJJ: State G U ZiP_ �b0 Fax Contact Address �U 111/el`' l-116410 Phone 74 3 v/7$" City State C- U ZiP_ �D b3 Fax (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) b5 (AJ . �' Atl-,z2 Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements, incomplete applications will not be accepted. O Change of zone or zone conditions A Special Use Permit 0 Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign 0 Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section ) 0 Planned Building Group 0 Right of Way Vacation Q Other: Detailed description of request: �✓� - -e % /�/` NP Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those personslisted above, without wh se consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -o -a orney from the owner 1 ch appr ed of this action on his behalf. Notarized Signature of Applicant State of Colorado County of Pe' -3 c 1-t ) ss The foregoing instrument (Land Use Processing Application) was acknowledged by me this o'1/ S* day of �� /c;I20/�- J CGj L&C-� KXtHY L PASCHALL I�Kary Public NOTARY PUBLIC y commission expires / /20 STATE OF COLORADO NOTARY ID 19904001014 To be filled out by staff- k!t Date received I cAsl 31' Zell, Fee $JDAOb_ReceiptNo. Case No.S(A 16-1) j Comp Plan Design^ Zoning _('or«.�eC:4) - do C-1 Quarter Section Map N W 22 Related Case No. Pre -App Mtg. Date—i_ ly_1(p Case Manager_I&E cr} N'fctk4l 31'1.11-0$-020 V,14q 51St To: The City of Wheat Ridge From: A Tip Top Tree Company, LLC Re: 9505 West 40 Avenue, Wheat Ridge, Colorado Business License Application 13201 SUBMITTAL in response to letter of May 11, 2016 with clarification in letter of May 24, 2016. To Whom It May Concern: 1 purchased the commercial property at 9505 West 44th Avenue, Wheat Ridge, Colorado, with the existing structures. I am not in possession of building plans. The occupancy has not changed, and will not be changed by A Tip Top Tree Company, LLC. There are no proposed new occupancies, and there are no pians to change the occupancy in the future. I understand that change of occupancy does not include change of tenants or proprietors. Sincerely, f Markhenoweth May 27, 2016 City of atj�idge KFFKWh6 3 of THE Gr7Y TREAsu RFR City of Wheat Ridge Municipal Building 7500 W. 29ih Ave. Wheat Ridgc. CO 80033-8001 P: 303.235.2810 F: 303.234.5924 May 24, 2016 Harry J. Hanley Odarka Figius 4190 Dover Street Wheat Ridge, CO 80033-4323 Re: Response to May 17, 2016 appeal packet to City Treasurer f6r A Tip Top Tree Company, LLC Dear Mr. Hanley: 1 am in receipt of your appeal packet dated May 17, 2016. 1 have also received your letter of May 19, 2016. This letter responds to both. As described below, your appeal to my office is premature as 1 hear appeals under Chapter I l of the Wheat Ridge Code of Laws. No action can be taken on your business license application until zoning and building approval has been obtained. As previously acknowledged in prior written correspondence, the City has received your business license application to locate A Tip Top Tree Company, LLC, at 9505 West 44th Avenue. Your appeal to my office is premature because you have yet to receive zoning approval or denial for your new location listed above. I do not have jurisdiction to handle your appeal under the Wheat Ridge Code of Laws as zoning and building permitting fall under the authority of the Community Development Director under Chapter 26 of the City Code. Please reference the May 16, 2016 letter from Administrative Services Director Heather Geyer enclosed. This letter and the previous letters sent to you are not an approval or a disapproval of your business license application, since the Community Development Department does not process business licenses. The required zoning and building code review and approval is a precondition to the approval of a business license. I am aware that you have been in communication with Community Development staff regarding what information they require to complete their review. Until the requested information to fulfill the zoning and building permit requirements is met, no action will be taken on your business license application. When Community Development notifies the Tax Division that the zoning and building code requirements have been satisfied, your business license application will be processed. Additionally, after you submit the requested documentation to Community Development, you do have the right to appeal certain zoning determinations to the Board of Adjustment (BOA) if a decision is rendered that you do not agree with for zoning requirements. An appeal to BOA must be filed through Community Development and is strictly in response to a zoning decision by Community Development. Because the requested information has not been provided to Community Development, no zoning approval or denial has been given at this point in time and as a result, no appeal process is yet available. %i+s„ .ri.whcatrid} e.co.us City of "r)9WheatR dge ADMINISTRATIVE SERVICES City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge. CO 80033-8001 P: 303.235.2819 F: 303.234.5924 May 16, 2016 Harry J. Hanley Odarka Figlus 4190 Dover Street Wheat Ridge, CO 80033-4323 Re: Response to May 12, 2016 letter requesting an appeal hearing for A Tip Top Tree Company, LLC Dear Mr. Hanley: This letter is in response to your letter dated May 12, 2016 addressed to Kathy Franklin, Sales Tax Supervisor requesting an appeal hearing. As previously acknowledged in prior written correspondence, we have received your business license application to locate A Tip Top Tree Company, LLC, at 9505 West 44" Avenue. The Community Development Department's May 4" letter to you simply states, the zoning and building regulations that apply to your operation on this property based on the then -current review. The May 4" letter is not an approval or a disapproval of your business license application, since the Community Development Department does not process business licenses. Instead, approval of the proposed use (as being legal) under the City's building and zoning codes are a precondition to processing of the business license by the City's Tax Division. There is no appeal to that office of the Community Development Department's review of building and zoning compliance. The May I I " letter from Community Development Director Ken Johnstone clearly outlines the steps you need to take in order for the City to determine whether the proposed use complies with the building and zoning codes. The required zoning and building code review and approval is a precondition to the approval of a business license. Honestly, no action has been taken on your business license application because the required information has not been submitted to the Community Development Department to enable that Department to make a hulher recommendation to the Tax Division. Failure to provide the required information to Community Development will continue to result in no action on your business license application. When Community Development notifies the Tax Division that the zoning and building code requirements have been satisfied, your business license application will be processed. Until that time, no action can or will be taken on your business license application and an appeal hearing is premature. Again, 1 encourage you to contact the Community Development Department in order to fulfill the building code and zoning code requirements which are a precondition to processing an action on your business license application. Sincerely, 44ALL-A. VW Heather M. Geyer Administrative Services Director cc: Kenneth Johnstone, Community Development Director Kathy Franklin, Sales Tax Supervisor www.cl.whea1ridge.co.us Meredith Reckert From: Meredith Reckert Sent: Thursday, March 17, 2016 11:23 AM To: Patrick Goff Cc: Kenneth Johnstone; Lauren Mikulak; Steve Art Subject: RE: Tip Top Tree Attachments: PreAppSummaryNotes_9505W44thAve.pdf Hi, Patrick The development review team met with Odarka, Harry and Tom Ripp in a pre -application meeting held on January 14, 2016. At the meeting, we expressed that we were still missing information in regard to details of the business operation including how much of the interior of building would be used by this tenant, the use of the exterior of the building (site functions), etc. The development review team requested that additional information be provided in writing which would include a site plan detailing use areas on the property. We have heard nothing back.. I know that Ken had at least one conversation with Tom Ripp subsequent to the pre -app meeting and he expressed the same need for additional information. Again, to my knowledge, we have heard nothing back. Let me know if you have additional questions. I have attached a copy of the pre -app notes. Meredith Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 -----Original Message ----- From: Patrick Goff Sent: Wednesday, March 16, 2016 5:29 PM To: Meredith Reckert Cc: Kenneth Johnstone; Meredith Reckert Subject: FW: Tip Top Tree Meredith, Are you working on this case? Any update for Mr. DiTullio? Thanks Patrick Goff City Manager Cell Phone: 303-995-6465 1 -----Original Message ----- From: JDT [mailto:jdt01@comcast.net] Sent: Wednesday, March 16, 2016 5:01 PM To: Patrick Goff <pgoff@ci.wheatridge.co.us> Cc: Kenneth Johnstone <kjohnstone@ci.wheatridge.co.us> Subject: RE: Tip Top Tree Any update on this item? Jerry DiTullio Wheat Ridge City Treasurer 7500 W. 29th Ave. Wheat Ridge, Colorado 80033 Office Phone: 303.231.1392 www.ci.wheatridge.co.us www.jerryditullio.com "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt." Mark Twain and others "Too often we enjoy the comfort of opinion without the discomfort of thought. " John F. Kennedy CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. -----Original Message ----- From: Patrick Goff [mailto:pgoff@ci.wheatridge.co.us] Sent: Tuesday, December 29, 2015 1:12 PM To: Larry Mathews; JDiTullio Home Cc: Steve Art; Kenneth Johnstone; Meredith Reckert; Genevieve Wooden Subject: RE: Tip Top Tree Larry, Thank you for the information. I agree, we need to do our best to communicate as clearly and effectively with customers as possible. The City's codes are not always easy to interpret. This is why we highly recommend and require, in some cases, pre -application meetings with the applicant and the relevant staff so that all information about the project can be discussed. Written notes are provided after each meeting so the outcomes and decisions can be documented. Such a meeting has been scheduled for January 14th with this applicant. The applicant in question has diligently tried to find a location in the City to move their business. Unfortunately there is very limited space available for their type of business. The property they did find is not currently zoned for their current business model. They are looking at changing their business model to fit this new location. The change in business model does "change the rules" somewhat so this may be why the applicant feels they are getting the "run around". The pre -application meeting should help clear up any misunderstandings. Thank you Patrick Goff City Manager Cell Phone: 303-995-6465 [Description: cid:image002.jpg@01CC3CB9.4D274FAO] From: Larry Mathews Sent: Tuesday, December 29, 2015 12:56 PM To: JDiTullio Home <jdt01@comcast.net>; Patrick Goff <pgoff@ci.wheatridge.co.us> Cc: Steve Art <sart@ci.wheatridge.co.us>; Kenneth Johnstone <kjohnstone@ci.wheatridge.co.us>; Meredith Reckert <mreckert@ci.wheatridge.co.us>; Genevieve Wooden <gwooden@ci.wheatridge.co.us> Subject: RE: Tip Top Tree I also received a call from Tip Top regarding their application. In regards to their application, I suggested that, since at the time of the call it was only 2 days old, they were now in the system and should give the system a little time to work. If they continued to have issues after a reasonable amount of time, they should call me back. As for a "run around" regarding the rules; I had the same experience some years ago. I asked for the requirements for a project and was told to draw up something and submit it for review and I would be told later if it was satisfactory. Is there something we can do about this as it is extremely frustrating to the public? Thanks Larry Mathews City Council District IV 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 www.ci.wheatridge.co.us<http://www.ci.wheatridge.co.us/> 303.396.5201 [W RlogoCCDIVcmyk] From: JDT01 [mailto:jdt01@comcast.net] Sent: Thursday, December 24, 2015 11:11 AM To: Patrick Goff <pgoff@ci.wheatridge.co.us< maiIto: pgoff@ ci.wheatridge.co.us>> Cc: Steve Art <sart@ci.wheatridge.co.us<mailto:sart@ci.wheatridge.co.us>>; Kenneth Johnstone <kjohnstone@ci.wheatridge.co.us<maiIto:kjohnstone@ ci.wheatridge.co.us>>; Meredith Reckert <mreckert@ci.wheatridge.co.us<maiIto:mreckert@ ci.wheatridge.co.us>>; Larry Mathews <Imathews@ci.wheatridge.co.us<mailto:Imathews@ci.wheatridge.co.us>>; Genevieve Wooden <gwooden@ci.wheatridge.co.us<mailto:gwooden@ci.wheatridge.co.us>> Subject: Tip Top Tree Importance: High Patrick & Ken, I received a call from Tip Top Tree today. They feel that Steve Art and the Planning Dept. are trying stop them from moving their business into the 44th Ave. C1 Zone District location. As they have told staff, They are moving from a tree service model to a retail tree sales model. They believe that staff doesn't want them in Wheat Ridge and is changing the rules in the middle of the game. Tip Top Tree has a pre - application meeting. They are wondering what the pre -application meeting is for on Jan 14th since they are not applying for a SUP. Retail tree sales is a use by right in the C1 zone district. Correct? Does staff not believe they are changing their business model? Tip Top Tree also believes that there are no listed rules/standards for a retail tree sales, and that the rules are being made up as staff goes along. They want to follow the rules, but when they ask for the rules, they are told it's up to staff discretion. I am not trying to get involved in this issue, but they have contacted me twice now (business license questions) and I have a concern about their perception of how businesses are treated in this City and who want to change their location and operating model. Tip Top Tree feels that staff (Steve) is trying to get them out of Wheat Ridge and the C1 zone district. Thanks. Jerry DiTullio Wheat Ridge City Treasurer 7500 W. 29th Av Wheat Ridge, Colorado 80033 Office Phone: 303.231.1392 www.ci.wheatridge.co.us<http://www.ci.wheatridge.co.us> www.jerryditullio.com [WRTreasurercmyk] "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt." Mark Twain and others "Too often we enjoy the comfort of opinion without the discomfort of thought. " John F. Kennedy CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. Sec. 26-218. - Commercial -One District (C-1). A. Intent and purpose. This district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. This district is supported by the community and/or entire region. Sec. 26-204. - Zone district use schedule. Table of Uses—Commercial and Industrial Districts Uses Notes NC ` RC C- 1 C- 2 (- E Garden supply stores See Footnote 1 Greenhouses and landscape nurseries, See § 26-624 S S P P P retail Home improvements supply stores P P P Lumber yards and Unenclosed storage of any materials shall be screened from view from adjacent properties P P P building supply stores and streets - See § 26-629 Key: P = Permitted Principal Uses S = Special Uses Page 1 City of "r Wheat�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. May 11, 2016 Odarka Figlus Harry Hanley A Tip Top Tree Company, LLC 4190 Dover Street Wheat Ridge, CO 80033 Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Re: Business License application at 9505 W. 44th Avenue Dear Ms. Figlus and Mr. Hanley You recently received a May 4, 2016 letter from Meredith Reckert, senior planner with Wheat Ridge, regarding a business license application for the above stated address for A Tip Top Tree Company, LLC. That letter built upon various previous communications with you and your representatives regarding City requirements that need to be addressed in order for us to grant necessary City approvals for this proposed business. The pending business license indicates "retail nursery — arboriculture" as the proposed use. In recent observations of activity on the proposed site, we have witnessed evidence of activities consistent with a "building or landscape contractor's service shop and storage yard". The May 4 letter discusses more thoroughly the observed activities and regulatory requirements associated with that type of business. To provide you a concrete path forward, this letter is intended to elaborate on necessary next steps for you to take to receive required City approvals and licenses. Building Code Requirements In order to issue a business license, the application must be reviewed and approved to determine compliance with all applicable provisions of City Code, including Chapter 5 — Buildings. In order to be occupied in the prescribed manner, the business or use must be issued a Certificate of Occupancy (CO). Chapter 1, Section 111 of the International Building Code (adopted by reference in Chapter 5 of the City Code) states the following: "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein." In order to issue a CO, the Building Division needs to review and approve a set of plans that designates specific occupancy classes (business, storage, mercantile, etc.) for all portions of the building being used. It will also be important to understand what portions of the building will not be occupied by Tip Top and could be available for other businesses or uses in the future. Based on an understanding of occupancies, the building plans can then be reviewed relative to various other aspects of the adopted international (building) codes. Examples of specific topics that would be reviewed relative to occupancy would include: number of bathroom facilities, means of egress, accessibility, fire separation requirements, heating and cooling requirements, fire suppression, etc. It will also be necessary to submit for our review a to scale exterior site plan that depicts any proposed exterior activities, including parking, drive aisle, storage areas, etc. Please submit two (2) sets of scaled building floor plans and exterior site plans that indicate all proposed interior and exterior uses and occupancies, not later than Friday, May 27, 2016. Based on that initial submittal, staff can provide further direction what additional detailed plans may be necessary and whether modifications to the building will be required, which may necessitate application/issuance for a building permit and completion of necessary inspections prior to issuance of a CO. Zoning Code Requirements In order to issue a business license, the application must also be reviewed by the City's zoning officials to determine if it is a valid use under the City's zoning and land use regulations (generally in Chapter 26 of the Code). As noted previously in this and other correspondence and communications, City zoning officials have determined that the proposed and observed use of the property would require review and approval of a special use permit (SUP). Please cease conducting any activities on the site that constitute a building or landscape contractor's service shop and storage yard as explained in previous communications. As a reminder, those activities include, storage and use of heavy equipment for the processing of trees and firewood, storage of service trucks used in the practice of arboriculture, and storage of piles of processed firewood. If you wish to continue these activities you would need to apply for and receive approval of a SUP, prior to issuance of a business license. The requirements for the SUP submittal have been communicated in previous meetings and correspondence. Please either submit necessary SUP application materials no later than Friday, May 27, 2016 or cease all activities associated with a building or landscape contractor's service shop and storage yard. If you have additional questions, please do not hesitate to contact me at 303-235-2844. Respectfull 73, , P, Kenneth P. Johnstone, A Director of Community Development CC: Meredith Reckert, Senior Planner Michael Arellano, Chief Building Official Kathy Franklin, Sales Tax Supervisor BEFORE THE TREASURER OF THE CITY OF WHEAT RIDGE Supplement to Notices of Appeal Previously filed on May 9, 2016 and. Restated on May 17, 2016 Re: Application for Sales Tax License, 9505 West 441h Avenue APPLICANT: A Tip Top Tree Company, LLC Now comes the Applicant, A Tip Top Tree Company, LLC and sets forth the following as and for a supplement to its previously filed appeal to this office, file May 17, 2016 (copy attached). The appeal is brought pursuant to the powers delineated under the Wheat Ridge Municipal Code for the position of Treasurer. Referencing Sections 11-25 and 11-28, of the City Code stipulates that a denial of license may be appealed to the city treasurer, who has the authority to review "all applicable provisions of the City Code... (and determine if they) have been met by the applicant (ref. § 11-25 (a)(1)). The City, i.e. Community Development, and more recently, the office of Administrative Services, .have taken somewhat inconsistent positions. Applicant refers to the enclosed letter dated May 16, 2016 from Heather Geyer, wherein she appears to suggest that the applicant has never been "disapproved" for a sales tax license, and therefore, the applicant has no appeal rights. That is contrary to a May 4, 2016 letter received from Community Development, copy enclosed, that expressly states that "the most recent business license application cannot be approved." Note that the recipient list of the May 4 correspondence includes the City sales tax office, i.e. Marcus Mack, therefore the Treasurer's Office was notified of the denial. This dispute surrounds the business activity of the applicant. Community Development has concluded that the Applicant is a "contractor" and that their use of the subject property is the equivalent use to that of construction contractors. The property lies in a C-1 zoning district. As seen in the attached excerpt from the zoning code, C-1 permissive uses are garden supply, retail landscape nurseries, home improvement supply stores, lumber yards and building supply stores. Also allowed are retail sales and service establishments. Community Development takes the position that none of those permitted uses apply to the applicant. It insists that the applicant apply for a special use permit. The Applicant maintains that a special use permit is not applicable as the Applicant's intended use is allowed by the Code. The applicant maintains that the City Code expressly gives the Treasurer the authority to review and interpret all of the Municipal Code, and determine if Community Development is correctly applying the law. Community Development, ala the correspondence from Ms. Geyer, seeks to strip the Treasurer of that power, and further obfuscate the issue by insisting that no denial was ever issued. That takes semantics to a new art form. Community Development has set a deadline for Friday May 27, 2016. For that reason, there is urgency to this matter. The Applicant respectfully prays that the Treasurer assume jurisdiction of this matter, and forthwith schedule a hearing at which time the Applicant's appeal can be heard. Respectfully submitted, APPLICANT: A Tip Top Tree Company, LLC B Its: Managing, rt` r ' i CERTIFICATE OF MAILING/HAND DELIVERY The undersigned hereby certifies that this document was, on the 26`t' day of May, 2016, hand delivered to the Office of the City Clerk for distribution to the following parties: 1) City Attorney; 2) City Manager; 3) Office of Administrative Services; 4) Community Development; and S) City Treasurer A copy of the foregoing was also emailed to the City Treasurer. By: APPEAL TO THE TREASURER of the CITY OF WHEAT RIDGE, COLORADO On April 11, 2016, A Tip Top Tree Company, LLC submitted an application for a business license for the purpose of "retail nursery - arboriculture" along with a check for the appropriate fee. The check was cashed by the City and the application was accepted for review. The application was forwarded to the Community Development Department on April 12, 2016. A Tip Top Tree Company, LLC is appealing the denial of this particular application, and requesting a hearing as provided for by the Wheat Ridge Code of Laws. The City's letter of May 4, 2016 clearly states that their denial is of this particular business license application: "On April 12, 2016, another business license application for A Tip Top Tree Company was submitted to the City. It indicates that the nature of the business is for a "retail nursery -arboriculture". A visual inspection of the property was made and it revealed that there are existing landscape materials, large piles of cut-up wood and equipment, including a truck with a "boom arm" typically used by landscape/tree contractors, in conclusion, City staff has determined that the proposed use still qualifies as a building or landscape contractor and needs a Special Use Permit. As such, the most recent business license application cannot be approved." We respectfully request that the appeal hearing be scheduled as soon as possible and within the timeframe discussed with the Sales Tax Supervisor. Harry S Harm/' V. , Managing Partrier Q,� City Of Wheatii`dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'x' Ave. May 4, 2016 Odarka Figlus Harry Handley A Tip Top Tree Company, LLC 4190 Dover Street Wheat Ridge, CO 80033 Dear Ms. Figlus and Mr. Handley Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please let this letter serve as a follow-up to our conversation on April 28, 2016, regarding the status of a business license application for property at 9505 W. 44`h Avenue referenced as #201600564. There has been an on-going discussion between yourselves and City staff regarding your business operations and the potential relocation to the property referenced above from your previous location at 10140 W. 44`h Avenue. The use of the previous site included the use of service trucks and other heavy equipment, the stockpiling of bulk landscape materials and the storage, sale and delivery of bulk firewood. Based on the activities described above, Staff concluded that your previous business model fit into the zoning code as a "building or landscape contractor's service shop and storage yard incidental" to an office/showroom principal use, which is a Special Use in the C-1 zone district. A "building contractor's service shop" in the zoning and development code is defined as follows: "Carpenters, painters, roofers, electricians, plumbers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the business but do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur on the premises." The proposed location at 9505 W. 44`h Avenue is zoned Commercial -One (C-1) which is a zone district that allows office, service and retail uses. A building contractor's service shop and yard is a special use in the C-1 zone district. A retail nursery is a permitted use in the C-1 zone district. A wholesale nursery also requires a special use permit. Our most recent interaction regarding the business relocation was a pre -application meeting held on January 14, 2016 where we met with yourselves and Tom Ripp. At the January meeting, City staff requested additional information detailing the business operations, proposed use of the building interior and a site plan for the property depicting where outdoor use areas and activities would occur. At that point, it had yet to be determined whether a Special Use Permit would be required based on the requested follow-up information. The intent of this additional information was for staff to evaluate whether A Tip Top Tree Company, LLC and its new business model falls into the "building or landscaped contractor's service shop and storage yard" classification. The need for supplemental information about the business operation was reiterated by Kenneth Johnestone, Community Development Director, with Mr. Ripp on several occasions. At the time of this writing, this information has still not been provided. On April 12, 2016, another business license application for A Tip Top Tree Company was submitted to the City. It indicates that the nature of the business is for a "retail nursery - arboriculture". A visual inspection of the property was made and it revealed that there are existing landscape materials, large piles of cut-up wood and equipment, including a truck with a "boom arm" typically used by landscape/tree contractors. In conclusion, City staff has determined that the proposed use still qualifies as a building or landscape contractor and needs a Special Use Permit. As such, the most recent business license application cannot be approved. Sincerely, Meredith Reckert, AICP Senior Planner Sec. 26-218. - Commercial -One District (C-1). A. Intent and purpose. This district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. This district is supported by the community and/or entire region. Sec. 26-204. - Zone district use schedule. Table of Uses—Commercial and Industrial Districts Uses Notes NC RC C- C- I- 1 2 E Garden supply stores See Footnote 1 S P P P P Greenhouses and landscape nurseries, See § 26-624 S S P P P retail Home improvements supply stores P P P Lumber yards and Unenclosed storage of any materials shall be building supply stores screened from view from adjacent properties P P P and streets - See § 26-629 Key: P = Permitted Principal Uses S = Special Uses Page 1 I*�4� City of "�Wh6atldge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. May 4, 2016 Odarka Figlus Harry Handley A Tip Top Tree Company, LLC 4190 Dover Street Wheat Ridge, CO 80033 Dear Ms. Figlus and Mr. Handley Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please let this letter serve as a follow-up to our conversation on April 28, 2016, regarding the status of a business license application for property at 9505 W. 44th Avenue referenced as #201600564. There has been an on-going discussion between yourselves and City staff regarding your business operations and the potential relocation to the property referenced above from your previous location at 10140 W. 44th Avenue. The use of the previous site included the use of service trucks and other heavy equipment, the stockpiling of bulk landscape materials and the storage, sale and delivery of bulk firewood. Based on the activities described above, Staff concluded that your previous business model fit into the zoning code as a "building or landscape contractor's service shop and storage yard incidental" to an office/showroom principal use, which is a Special Use in the C-1 zone district. A "building contractor's service shop" in the zoning and development code is defined as follows: "Carpenters, painters, roofers, electricians, plumbers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the business but do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur on the premises." The proposed location at 9505 W. 40 Avenue is zoned Commercial -One (C-1) which is a zone district that allows office, service and retail uses. A building contractor's service shop and yard is a special use in the C-1 zone district. A retail nursery is a permitted use in the C-1 zone district. A wholesale nursery also requires a special use permit. Our most recent interaction regarding the business relocation was a pre -application meeting held on January 14, 2016 where we met with yourselves and Tom Ripp. At the January meeting, City staff requested additional information detailing the business operations, proposed use of the building interior and a site plan for the property depicting where outdoor use areas and activities would occur. At that point, it had yet to be determined whether a Special Use Permit would be required based on the requested follow-up information. The intent of this additional information was for staff to evaluate whether A Tip Top Tree Company, LLC and its new business model falls into the "building or landscaped contractor's service shop and storage yard" classification. The need for supplemental information about the business operation was reiterated by Kenneth Johnestone, Community Development Director, with Mr. Ripp on several occasions. At the time of this writing, this information has still not been provided. On April 12, 2016, another business license application for A Tip Top Tree Company was submitted to the City. It indicates that the nature of the business is for a "retail nursery - arboriculture". A visual inspection of the property was made and it revealed that there are existing landscape materials, large piles of cut-up wood and equipment, including a truck with a "boom arm" typically used by landscape/tree contractors. In conclusion, City staff has determined that the proposed use still qualifies as a building or landscape contractor and needs a Special Use Permit. As such, the most recent business license application cannot be approved. Sincerely, Meredith Reckert, AICP Senior Planner City of W heat Fudge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. December 23, 2015 Odarka Figlus Harry Handley A Tip Top Tree Company, LLC 4190 Dover Street Wheat Ridge, CO 80033 Dear Ms. Figlus and Mr. Handley Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to the proposed relocation of your business currently operating with a business license under the name of A Tip Top Tree Company, LLC. You have been in to our offices on several occasions over the past 30 days or so and met with various planning staff as well as our City Manager, Patrick Goff and our economic development manager, Steve Art. We have tried to make every effort to identify appropriate sites that would allow your type of business and explain applicable zoning requirements, including potentially a Special Use Permit in some locations depending on what aspects of your current business model will be continued and in what location(s). Most recently, you applied for a business license renewal/transfer to a location at 9505 W. 44th Avenue in the City of Wheat Ridge (12/21/15 application). The property in question is zoned Commercial -One (C-1) which is a zone district that allows office, service and retail uses. On the original business license issued in 1996, your business is described as including tree trimming services, removal and planting. The use of the current site includes the use of service trucks and other heavy equipment, the stockpiling of bulk landscape materials and the storage, sale and delivery of bulk firewood. The hand written notes on page two of the pending license renewal reference firewood storage and delivery as well. Based on the above described activities, we have concluded that your existing business model fits in the zoning code as a "building or landscape contractor's service shop and storage yard incidental" to an office/showroom principal use, which is a Special Use in the C-1 zone district. A "building contractor's service shop" in the zoning and development code is defined as follows: "Carpenters, painters, roofers, electricians, plumbers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the business but do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur on the premises." In some of our recent meetings with you, you have verbally described to us a new business model that would be more focused on retail nursery sales and would possibly eliminate some of the activities which trigger the City to review and approve a Special Use Permit. If this is the case, we would likely need to issue a new business license with a thorough description of this new business model. Along with that, we have scheduled a pre -application meeting scheduled for January 14. As Meredith and Steve communicated to you last Wednesday and on previous occasions, a pre - application meeting is required pursuant to code section 26-104 through 26-106 for all site development plans and Special Use Permits (if required). The purpose of the pre -application meeting is for staff and business owner/applicant to share information about a new business location, mutually understand the business model and location and nature of activities that will occur on a site and in what locations. Your business license renewal and transfer application at 9505 W. 44'h Avenue indicates that at the new location you will principally be selling retail landscape materials and products only and that the tree trimming function will not occur on this property. However, as noted earlier in this letter, the description still references firewood sale and delivery. In order for us to determine whether a Special Use Permit is needed or not, please provide a detailed description of your proposed operation and a proposed site layout. Please include information relating to number of employees, number and type of work vehicles, a detailed description of what items will be for sale and how the building and property will be used and where various activities will occur at this proposed new location. "Retail landscape nurseries" are permitted in C-1 zoning districts; however, "wholesale landscape nurseries" do require review and approval of a Special Use Permit. Both retail and wholesale nurseries are subject to the requirements of section 26-624, which pertains to the storage and screening of bulk landscape materials. Those requirements can be explained further during the pre -application meeting on January 14. Given the activities associated with your existing approved business license, it would also be helpful to specifically state in your written business description all of the activities that occur at the existing site that will no longer be occurring in this new location. If you have additional questions, do not hesitate to contact me at 303-235-2848. Respectfully, �] Kenneth P. Johnstoye, AICP Director of Community Development BOATRIGHT & RIPP, LLC Attorneys at Law THOMAS R. RIPP tomripp0..brs attomcys. coin January 18, 2016 Ms. Meredith Rechert Senior Planner Wheat Ridge Community Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Sales tax license for 9505 W. 44`'' Ave. Dear Ms. Rechert: 4315 WADSWORTI I BOULEVARD WHEAT RIDGE, COLORADO 80033 TELEPHONE: 303-423-7131 FACSIMILE.': 3113-423-7139 Thank you for meeting with Harry Hanley and Odarka Figlus on Thursday January 14, 2016. At that meeting Steve Art and Zach Wallace also attended. In the meeting you indicated that we had made progress with the presentation of the site plan in aerial view. You indicated that additional information was required, however, before Ken Johnstone could fully consider the matter. The questions that you posed, as well as the answers, are as follows: 1) Q: Why is the operation of a tree sale and planting service an allowed use in the C-1 zoning area? A: C-1 permitted uses are a) garden supply stores; b) retail greenhouses and landscape nurseries; and c) general administrative offices. The code defines a landscape nursery to be "any land used to raise trees...... for sale or transplanting". The operation is not a "building contractor's service shop" as there is no activity listed in that definition carried on by the applicant. Save for "painters", all of the other listed trades do require some form of contractor licensing pursuant to the information obtained from the Wheat Ridge "Contractor Licensing Testing Requirements and Scheduling Information" page. The applicant is not among that group. 2) Q: How will the business be run? A: The business will maintain a stock of trees on property. It will also, from time to time, maintain bulk materials such as wood chips and firewood. The storage and sale of both is provided for in §26-624-B. The sale of trees will be made by loading trees from inventory onto trucks, or a truck pulling a trailer, and depart the premises. It is expected that other than departures to deliver a tree, the site will generate a minimum of traffic upon 44`'' Avenue. BOATRIGHT & RIPP, LLC Allomgv al Law The site will be screened and vehicles parked pursuant to the provided aerial photo/site plan. Trees will be stored where indicated on the site plan. Bulk storage is also detailed upon the site plan. 3) Q: Will the suspected gate at the northeast corner of the property be used as part of business operations? A: No. 4) Q: Will any commercial (third party) vehicle maintenance be performed on site? A: No. Basic vehicle maintenance of applicant's vehicles will be performed from time to time. 5) Q: After vehicles are parked for the evening, will there be a sufficient driveway right of way for Arvada Fire on the east and west sides of the building? A: Yes. Per Kevin Kirby of Arvada FPD, the width requirement is 20 feet. There is adequate width. It you have any further questions please do not hesitate to contact me. Given the applicant's tight time schedule with its soon to be former location, immediate attention to this matter will be most appreciated. Sincerely yours, BOATRIGHT & RIPP, LLC THOMAS R. RIPP TRR/tkg Enclosure UPDATE RENEWAL FORM CITY OF WHEAT RIDGE COLORADO r.-s="'"�`�`"' '� V C�Vt T Renewal Fee ' $ �20.00 9, Business License Application 7500 W. 29th Ave.,Wheat Ridge, CO 80033-8001 R m Phone(303)235-2820 Fax (303)234- 5924 Acct No: OCORA� Please print or type neatly. Complete all portions. The nine digit ZJP-code must be included on line 4. MARK "NO CHANGE' ACROSS THE PAGE IF ALL REMAINS THE SAME. r Additional7. Business Name: L O Ire: GLC' 2. Business Location: //) i (} ( -,/ Commercial BId4. V/ 1Industrial Bldg. 10ther _(Only_Wheat.Rldge_home occupation businesses need to complete a - 9)— a) Private Residence Y N if Y4`do the followili occur b iretail sates o c Office Use Only ❑ d Storage of Goods o if so why: e Mfg of Goods ❑ E lain: "• _ °' Employees: Self o Family Members -o :. Others o Location of Business: Nouse o Garage ❑ Other ❑ 3. Number of Locations in Wheat Ridge: Corporate 4. Mailing Address: d / 0YYAve- (Z ' C_o - S'-00 3 S. Business Phone: (3 03) Y31-7910 Emergency Phone: 3 E-mail: Fax: pp sfo- O-3 Website(s): 8. Type of Account: Retail c Wholesale: t.: Service: ' ❑+ 9. LOCAL ONLY - Number of Employees Including Self (MandALoa):� ..� Corporate Name: ddress: Corporate Address- Cor orate Officer: 10 Type of Ownership: Sole L Partners Association/club c .11 NEW Tax Reporting Status MoniN >Sioc taximo I declare under penalty of perjury that the atatepents made on this applirat*o are regulations. and to the best of my knowledge and belief are true. corre-ctt and comr AUTHORIZED. SIGNATURE: � /. TITLE: /Y'I-A l: /-f-(c�"`� V ❑ good faith pursuant to the Wheat Ridge Code of Laws and PAGE TWO MUST BE COMPLETED THIS PAGE MUST BE COMPLETED N 12. List Names and Addresses of Owners, Partners or Officers: Full Name Street Address Date of Birth % Owneiship Held 13. Have any of the owners, officers or partners ever been convicted of a felony? Yes a No c if yes, please explain below: 14. Ownership of Building and Equipment (for use tax purposes): Type of Acquisition If leased, name of landord or lessor: Building Purchase c n/a Lease to Purchase c Lease (rent) c Equipment Purchase L� n!a Lease to Purchase u Lease (rent) C r: e w"fir 4 LAWFUL PRESENCE AFFIDAVIT Pursuant to State of Colorado House Bill 06-1423, all persons eighteen years of age or older shall provide proof that they are lawfully present in the United States prior to receipt of certain public benefits which include any grant, contract, loan, professional license, or commercial license provided by an agency of State or local government or by appropriated funds of a S to of local government. I, /Z-P—J Av /�i , swear or affirm under penalty or perjury under the laws(of the State of Colorado that (check one): ✓ I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law required me to provide proof that i am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature1 Date Y J , If this affidavit is not presented in person, applicant must submit a notarized copy of this affidavit along with a copy of one of the following forms of authorized identification.— �1. Colorado's driver's license or identification card 2. United States military identification or dependent's identification card 3. United States coast guard merchant mariner card 4. Native American tribal document Notarized this _ Day of City of Notarized. Notary in the State of , County of . Signature of Commission Expires i _L 5 5.00 APPLICATION FEE j 10.00 LICENSE FEE pd. date CITY OF WHEAT RIDGE, COLORADO BUSINESS - SALES - USE TAX LICENSE APPLICATION - 7500 West 29th Avenue, Wheat Ridge. CO 80215- 6713 Phone: (303) 235-2820 PLEASE PRINT OR TYPE NEATLY: PLEASE COMPLETE ALL PORTIONS FURNISHING ALL REQUESTED OFFICE U`. INFORMATION. LICENSE MAY BE DENIED IF APPLICATION IS NOT PROPERLY COMPLETED. 0?1 LY # LICENSE WILL NOT BE ISSUED IF NINE DIGIT ZIP CODE IS NOT INCLUDED ON LINE 4 OF APPL. 1. BUSINESS NAME: —F/ 1? --fid C-0 0 2. BUSINESS LOCATION: 2>2/12q�4 57— (Q. Licehse A Street City State Zip Code (9 digits SIC: � 3� Commercial Building Industrial Building Other ,/ (.Only home occupation businesses located in Wheat Ridae need to complete a -o) %fid / U% a) Private Residence �, if "yes" will the following occur: Area Geo b) Retail Sales From Home /fib c) Office Use Only ✓ d) Storage of Goods NCS if so why Entered e) Manufacture of Goods <yU please explain f) Employees Self V-1 Family Members Other ✓ / NOTES: g) Location of Business House Garage Other ✓ 3. NUMBER OF LOCATIONS IN WHEAT RIDGE 1 (file separately each location) 4. MAILING ADDRESS: /`7y 2)or1F-%e ST- co. (9 digit zip code 5. BUSINESS PHONE: T 2V —72 / C? EMERGENCY PHONE: <"3 / — TE -7 6. NATURE OF BUSINESS: , <«fie lit !14 14q 7. DATE YOU STARTED/WILL START BUSINESS: % ZONING: 8. NA L" OF PREVIOUS OWNER OR BUSINESS AT PRESENT LOCATION: 9. TYPE OF APPLICATION: Retail Wholesale Service ✓ ed Zoned 10. NUMBER OF EMPLOYEES INCLUDING SELF: -S 11. TYPE OF OWNERSHIP: Individual ✓ Partnership Corporation Apprcvec Association/club Other / 12. TAX REPORTING STATUS: Monthly Quarterly Annual ,✓ $` _ - - - - nate 13. STATE OF COLORADO SALES TAX LICENSE NO. R 4a3-73YOL FAX 70 NOTES: 14. LIST NAMES AND ADDRESSES OF OWNERS, PARTNERS, OR OFFICERS Date of i+lune . Address Phone Birth 7 Held/ Title 5-7 A-2fht),L' �v�.0/sig/7/ W VS�/O,� ��/-y6y�! zf2-<% y0 j FeL!� 5��z✓�s " I declare under penalty of perjury, that this application has been examined by me and that the statements made herein are made in good faith pursuant to the City of Wheat Ridge Code of Laws anq regualtions and, to the best of my knowledge and Z beliefs are true, correct an omp1ete." CC UT AUTHORIZED SIGNATURE: i DATE:4 LS TITLE: to / A� WHEAT RIDGE BUSLNESSES MUST COMPLETE THIS PORTION: r. 1 15. HAVE ANY OF IHE OWNERS, OFFICERS OR PARTNERS EVER SEEN CONVICTED OF A FELONY? Yes N0. K. if "yes", please give explanation 16. IF THIS IS A LIQUOR/BEER ESTABLISHMENT, GIVE CITY AND STATE LIQUOR LICENSE NUMBER: City State 17. WILL YOU HAVE ANY AMUSEMENT DEVICES LOCATED ON YOUR PREMISES? Yes No If "yes", how many? Do you hold a 'Wheat Ridge Amusement Device License? Yes No License Number 18. USE TAX INFORMATION: OWNERSHIP OF THE BUILDING AND EQUIPMENT USED IN THE OPERATION OF YOUR BUSINESS: (Check and complete appropriate items) Type of Acquisition Name of Seller Landlord, Lessor BUILDING: (Notes: q/,fO C/ ST Qom` Purchased 4-1Psi >JV o� J� G©� Oc Lease -k se �,V� W 1 ' �- =/v d i'+- v Lease(Rent) EQUIPMENT: /Qgq Z �� 1p (��2S��2lJrl� Purchased (Notes: %��il�C�TT2ct �C123o (32�srf C��v ' +� Purchase ��2mee2 Coeeo. � �� — Sc 6 5 STS' Lease �') AW. Ielw Lff1 -IT Harry J Hanley *Manager TiTop Tree Frank Duran a Field Supervisor ompany 10140 West 44th Avenue, Wheat Ridge, CO 80033 phone (303) 431- 7910 fax (303) 456- 8314 February 3, 1999 City of Wheat Ridge Sales Tax Division 7500 W. 291h Avenue Wheat Ridge, CO 80215 Attention: Dema Brianza Dear Ms. Brianza: Please change the records to reflect the new address for Tip Top Tree Company as follows; Tip Top Tree Company 10140 W. 44th Avenue Wheat Ridge, CO 80033 Thank you for your assistance with this matter. Sincerely, Harry J. Hanley Manag r