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HomeMy WebLinkAbout01/15/15City of '�atp'�Iclge PLANNING COMMISSION AGENDA January 15, 2015 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on January 15, 2015 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agenda packets and ininutes are available online at http:/Avww. ci. wheatrid e, c Commission go. 11,051PIanning- I . CALL, THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE A. Case No. ZOA-14-06: An ordinance amending Chapters 5, 1 1, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana establishments and retail marijuana establishments. B. ' Case No. WZ-14-15: A request filed by Parfet Storage, 1.1,C for approval of a zone change from Planned Industrial Development (PID) and Agricultural-One (A-1) to Industrial- Ernploynient (I-E) for property located at 5130 Parfet Street. C. ' Case No. WSP rn -14-07: A request filed by Roseann, & Associates for a master sign plan to] a unified development on property zoned Commercial-One (C -1) and located at the southwest comer of W. 3 8 1h Avenue and Kipling, including 3725 Kipling, 3795 Kipling, 10040 W: 3 8"' Avenue and 1010th W. 3 8"' Avenue. D. ' Case No. WV-14-01: A request filed by the Wheat Ridge Housing Authority for vacation of any City interest in the land adjacent to, and potentially part of, the W. 44 Avenue right- of-way for property adjacent to 10803 W. 44"' Avenue. Individuals vvith disabilities are encouraged to participate in all public meet ingssponsored by the City qf'Wheat Ridge, Call Heather Geyer, Public Inforniation Qff icer at 303-235-2826 at least one iveek- in adi,,(nce elf f a meeting ofyvu are interested in participating and need inclusion assistance. " -1. C Ity of W head f 4dge 8. anIER ITEMS 9. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City Qf If heat Ridge, Call Heather Geyer, Public Information Qfficer at 303-235-2826 (it least one week in advance ol'a ineeting ifyou are interested in participating and need inclusion assistance. 11 9 Commission Members Present: U U 61 32 Staff Members ,It was moved'! to approve the 7:00 pm. in the City Council me, Wheat Ridge, Colorado. I,rt, Urban Renewal Manager Reckert, Senior Planner e, Planner 11 aggoner, Recording Secretary mer TIMMS and seconded by Commissioner KIMSEY agenda. Motion carried 6-0. ; 11 01i 'I iI I 1 111i IIII III III 1111111 1 i�'il�I!l��lliIIII�I���I��II IIi ��!" =RUE It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the minutes of December 4, 2014, as written. Motion carri 5-0-1 with Comn TIMMS abstaining. I �d Ty to speaK on any sur5ject not appearing on the agenda.) Planning Commission Minutes December 18,2014 No one wished to speak at this time. A. Resolution 04-2014: Mr. Art addressed the Commission with the request to adopt a resolution approving second amendment to the Wadsworth Boulevard Corridor Redevelopment Plan in adherence to the City's Comprehensive Plan, Envision J'heat Ridge as it relates to the development of a site at the southwest comer of 38"' ANv, puc and Wadsworth Boulevard. Mr. Art reviewed the digital presentation and the staff�`rTort. ­'111 H c stated the purpose of " ",,",". 51 the resolution is to verify the project adheres to Plan,[Urban Renewal Plan. The project is still in the planning I b k ewed a preliminary site plan which showed the layout of the buildin Ys. 1 ki tlac S r cess will be heard by City Council. The development will require pil 11 P rovernei �,Jncluding turn lanes, bus T-K loading zones walkability through th j , 1 5 parking lots. xontamination remediation will be included and the f fat tacre F inancin g TJ, ,financing will aid in the land pay-down. Commissioner TIMMS inclU 'will affirm the project adhere and agencies will be notified the Wadsworth Boulevard C will utilize Planning Commi� the second modification. If I (URA) can then enter into the proO Mr. Art stated Plann Commission ity's om li l f ta, lftlaat is approved, the county -day response '-tio . The second modification to evelopment will b6 ' I taken to City Counci I which olution as comment" they will approve or deny ,il approves it the Urban Renewal Authority nent Finance (TIF) agreement. has voted to approvcTIF for the property, Mr. Art 11 evaluating the pro forrna. The project is not Commissioner TIMMS asked who reviews the project first, City Council or URA, Mr. Art stated it doesn't matter but most likely the URA will meet first but they will not be able to sign the TIT agreement until City Council approves the second modification which allows the clock to start on T I F. the Comp Plan. Mr, Art concurred. Commissioner OHM inquired about the bold and red elements in the staff report and confirmed the items in red adhere to the Comp Plan and the bold items do not conforin to Commissioner OHM asked for the definition of multiple transportation modes. Mr. Art replied that was meant for the Transit Oriented District (TOO) site at Ward Road. Multi- modal would include commuter rail and pedestrian cars. This site project will enhance the multi-modal with high tech bicycle racks, more walkability through the site, and the bus stop will be modified with a lane. Planning Commission Minutes Decernber 18, 2014 -2,- Commissioner OHM inquired about the building height limits and upper story setbacks for mixed use commercial as it relates to residential development. Mr. Art stated a true mixed use can be five stories. The height limit without mixed use is 50 feet, 70 feet with mixed use. This project will be all single story buildings. In response to Commissioner OHM's question, Mr. Art stated all areas behind the grocery user will be screened. All outdoor storage will be screened. Commissioner BUCKNAM inquired about a portion of the TIF to be utilized to pay- down the cost of the land and if it will be paid to the de�per. Mr. Art replied yes. Commissioner BUCKNAM asked how much of t " � valu i terms of a percentage is f going toward the property value remediation. Mffl1111 11 RINI� "' ted it is not a large percentage most of it is going toward the physical improveill t for l" pia ge water and sewer service. Commissioner BUCKNAM asked if any city right-of- way is d for the development. Mr. Art stated the interior will be private circ ulation` am entrance at 36"' Avenue will be built to city standards. The,developer ir own snow 15 removal services. There are J� ht-of-ways on and 3 nue that will be dedicated. Commissioner BUQKNAM stated; quality in terms of, _ipicarance. H( addressed #,'fb e develo Mr. requested. Im tdri,' shown in the elevations are not high if t11 4 ,, ik'-,,,-`, , ty of t m ater i a l s b i " Wi lie in ri I s has been 0 s , articulation has been �' reasoning as to why this case is being any URA project with TIF require Clia i�k,,BRINKMAN 41�ed how' J'_ will impact the property and sales tax for the project. Mr. Art stated it won'i"li) ye an efktt upon the community. Currently the parcel is empty and notlleting any sft tax and the property tax is minimal. The TIF will allow sales tax which will i be co llect, jand flow back to URA which will pay for the infrastructure. Plus th t -, increase. The base stays the same, all the taxing agencies will , still receive 2% increase per year and the increment above that will flow back to URA and de sate a portion back to the project. Ultimately, the City is giving up a little money now to help pay for the infrastructure but in the long run after it is paid off all the sales tax will start flowing back to the City in the general fund. Chair BRINKMAN asked if the TIF will utilize the full 25 years. Mr. Art replied no if pro forma does as it says it will be paid off in 10 years or less. The remainder will come back to the URA and will likely be given back to the City. Planning Commission Minutes -3— December 18, 2014 In response to Chair Brinkman's question, Mr. Art stated retail leakage could be defined in many way including restaurants, furniture stores and clothing stores. Chair BRINKMAN stated she was having a hard time understanding the noise abatement with the neighborhood buffer. Mr. Art stated currently the open land creates a buffer. The developer feels the development will be a nice buffer between the neighborhood and the heavy traffic on Wadsworth, Plus the neighbors will be able to walk a short distance for groceries and the center for shopping and restaurants. Chair BRINKMAN inquired about stimulating investment and redevelopment in neighborhood buffer areas by updating and rehabilitating multi-family properties, Mr. Ail stated the funds could be utilized for a fito;ade update on the apartments on Yukon Court, The funds are not given back exclusively to the, project. They can be used for other Projects within the area. Chair BRINKMAN asked if the 'v Mr. Art stated the wetland area is deep and it will remain. The wab done. The project will not aftd the residents on the back street or pumped back to the swale. A star normal review will be (lone. has not yet been purview of City area to the west will continue to exist. ed i user and it is 20 to 30 Beet will runoff to the wetlands, Water surveys have been y of the water tables and will not cause flooding for be .cast. The water that flows to the north will be AvAtet , iiiatiagerrient plan will be required and the ed about the:,olollar amount of the TIF. Mr. Art, stated it will bein"'About six to seven million dollars. 11" is in the the Thomas Lundy 3500 Allison St. Mr, Lundy read a three-page letter of opposition into the record. Fie is strongly opposed. He stated the proposed development was denounced as outdated in concept, has uninspired designs, is unimaginative, is dated, lackluster, has no trernendous arnount of multi-modal opportunities, has no walk-able center, is unworthy of TIF and cannot enhance character and gateways, The jobs will be low wage retail and food set-vice jobs. More can be accomplished under the mixed use regulations, Once the land is developed and TI F is granted that opportunity is diminished. lie urged the commissioners to reject amendment. Maureen Daly 3620 Otis St. Ms. Daly stated many of the benefits listed in red are not believable. She doesn't believe Wal-Mart can presetAe and enhance the neighborhood. The proposed town center will Planning Commission Minutes - 4 — December 1 8, 2014 harm what is being done on 38"' Avenue. She is worried about Safeway, property values and the increase of traffic on 38"' Avenue. Louise A. Canjar 3055 Webster St. Ms, Canjar concurred with the previous speakers. Charlie Myers 3620 Otis St. Mr. Myers concurred with the previous speakers. Mary Drobnick 3695 Holland Ms. Drobnick also agreed with the previou, a sp eakers. %s Joseph Buchholz 1 4 3690 Chase St. 0 Mr. Buchholz stated he is responsible for-WaI-Ma;,-,,si is. He spoke and the general consensus is that none of Walmart on Robb Cobb 3600 Garrison St. Mr. Cobb stated P, The steps seem pt the opportunity status quo. MM Art stated when the et low interest rate. The prqjcet does not creat( out of the general fun( purchasing the bonds, to 250 people 381h Avenue. vinent with the other speak r& opposition of the proposal. and n6t,progressi've, This is is cutter plan. We have ing ditt6re idcnfiffy Wheat Ridge with a change in the juired about the phasing aspect. He asked what will :o a phase and how will that impact distribution of ation. Essentially, how does it affect the tax payers, Mr. ,ci is finished bonds will be sold on the open market with a be obligated to pay back the bond purchasers. If the revenue to pay the bonds the City is not obligated to pay Tonal TIF, That is the risk the bond buyer will take for Mr. Art reminded the Commission that the hearing is not about users or the layout but conformance to the City's Comp Plan. Chair BRINKMAN stated the comp plan talks about building something sustainable and she opined that meant property taxes and retail tax. She asked if the city will recoup individual property taxes for the housing phase. Mr. Art stated yes, once the properties are done, each of them will be assessed as single family residential units. They will be plotted as separate lots. Planning Commission Minutes -5— December 1 8, 2014 Commissioner DORSEY asked why the housing phase will be the last to be developed. Mr. Ail stated it may not be, it was originally listed as phase 3 because the developer initially didn't know what they wanted to do with it. The housing developer would like to take the frontage along Wadsworth for office buildings and restaurants, Conunissioner TIMMS stated the mix of use at 38"' and Kipling includes a grocery store, a multi-tenant retail and a senior housing component. A similar tyl of component is proposed for this site. Mr. Ail concurred. Chair Brinkman closed the public hearing. It was moved by Commissioner TIMMS BUCKNAM to adopt Resolution 04-201{ Wadsworth Boulevard Corridor Redeve 38" Avenue and Wadsworth Boulevard Comprehensive Plan, Envision Wheat R Commissioner BUCKNAM about whether transportatioi character and accentuating ( of local economy; does that employment base. Chair BRINKMAN stated because she felt, there was feels she doesn't have eno applicant' l itld, of [a o ommissioner nd Amendment to the ated be has some issues with potential future site plans onnections are being increased, enhancing community "i 'design, the array of housing options and the definition 6 q:preseNtj i g snall business or simply building an will be Noting no not'bocause of the potential uses but enough taa ation about the property in the packet. She inforinatiOn,to prove the property and the plan meets the he will b voting no because there were a lot of points >scd and did not. Planning Commission Minutes December 1 8, 2014 -6- Commissioner TIMMS asked if the City is okay with Harlan Street going residential. Ms. Reckert stated Harlan is an interesting mix of both residential and commercial. The city is okay with the mixed zoning and uses as long as they are compatible with each other. Commissioner TIMMS asked if there are any land use processes or administrative review to address the paving in the front yard. Ms. Reckert replied no and since there is no garage or street parking available the occupant will need to park in the front yard. Ms. White stated there is a large mature tree in the front yard and improved street scape at the property. Alba, Commissioner DORSEY stated the property converted to a commercial property with the the zone change. EFAM91M Kaplan stated the property is very ness. He has purchased 4And is m as a commercial property or be There are more options with though ii im-) so he , a request for approval of a zone 1-Use Neighborhood for property V reasons: change is consistent with the goals and objectives of the ive Plan. change is compatible with the surrounding area. A. Chair BRINKMAN stated the Commission has heard similar zone change requests. Ms. White stated staff has discussed these types of zone change requests and a code amendment is a likely option to allow administrative zone changes in the Restricted Commercial zone district and Neighborhood Commercial zone districts. Chair BRINKMAN suggested a mass rezoning or elimination of the Restricted Commercial zone Planning Commission Minutes -7— December 18,2014 district or change the zone district. Ms. Reckert stated certain uses are dealt with differently in these districts so that would need to be reviewed. Commissioner BUCKNAM stated the setbacks are different in these zone districts, Commissioner OHM agreed with the administrative process with a public hearing option for negative feedback. B. The next Planning Conimission hearing is scheduled for January 15, 2015. 9. ADJOURNMENT r MR ommissioner DORSEY to adjourn the meeting at 8:25 p.m. Motion carrie Anne Brinkman, Chair Waggon*, #ecording Secretary Planning Commission Minutes December 1 8, 2014 . . . ... ... .. ... . PLANNING COMMISSION EGISLATIVE ITEM STAFF REPORT MEMO E� MEETING DATE: January 15,2015 TITLE: AN ORDINANCE AMENDINGcnAPTERS 5., 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL MARIJUANA ESTABLIsnMENTS AND RETAIL MARIJUANA ESTABLISHMENTS CASE NO. ZOA-14-06 Z PUBLIC HEARING Z CODE CHANGE ORDINANCE Case Manager: Ken Johnstone, Community Development Director Lauren Mikulak, Senior Planner Date of Preparation: January 5, 2015 SUMMARY: Since August 2014, the City has been operating under a temporary moratorium which restricts the processing and approval of applications for any new marijuana- related business. The moratorium was imposed for the purpose of allowing City Council to review and evaluate existing marijuana regulations. In August 2014, citizens expressed concerns over the permitted locations for marijuana sales. As a result, City Council determined it was appropriate and necessary to evaluate the existing marijuana regulations. OA -1 -06 / Medical and Retail Marijuana The moratorium that is currently in effect was originally enacted on August 18, 2014 (Ordinance No. 1554), it was extended on October 27, 2014 (Ordinance No. 1560), and it expires on March 17, 2015. City Council discussed a draft version of the attached ordinance at a study session on December 1, 2014. • A requirement for a sign package submittal has been added to other submittal requirements. All permanent and temporary signs are subject to staff review to confirm consistency with local and state regulations (Sections 11-296 and 11 -406). • A cap is established which allows no more than five (5) sales locations (retail marijuana stores or medical marijuana centers) and no niore than three (3) marijuana infused product manufacturer locations. Collocated facilities count as one location (Sections 11 -298 and 11-408). For reference, this cap matches the number of existing locations. • A lottery process and associated timelines are established for processing new applications should an opening occur (Sections 11 -295 and 11 -40 ). • A separation requirement between sales locations and City parks, including the Wheat Ridge Recreation Center, is added to the existing 1000-foot separations from schools residential daycares, and drug treatment centers (Sections 11 -305 and 11-416). • The measurement method for I000 -foot separations is changed to a direct aerial measurement ( the crow flies") instead of "direct pedestrian route" measurement (Sections 11-305 and 11- 416). • Cultivation facilities are limited to 5,000 square feet in size (Sections 11 -3015 and 11 -416). It should be noted that potential odor impacts are addressed through local amendments to the 2012 International Building and Mechanical Codes, adopted last year and effective December 1, 2014. • Language from state regulations concerning signage is added (Sections 11-306 and I I - 417). OA- 14 -06' Medical and Retail Marijuana 2 Exhibits: I. Proposed ordinance . Map depictin existing; marijuana establishments OA -I -0 t Medical and Retail Marijuana 3 CITY OF WHEAT RIDGE, COLORADO 'NTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA ESTABLISHMENTS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014, the Council adopted a temporary moratorium on certain City approvals necessary to establish and operate marijuana establishments in the City for the purposes of permitting the Council to study and evaluate existing local regulations; and WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014, the Council adopted an additional temporary moratorium on such approvals in order to permit the Council adequate time to carefully study the many issues implicated by the regulation of marijuana-related businesses; and WHEREAS, the Council has completed its study of such issues and now desires to amend certain provisions • Chapters 5, 11 and 26 of the Wheat Ridge Municipal Code ("Code"), concerning the regulation of both medical marijuana establishments and retail marijuana establishments, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-296 of the Code, concerning application for a medic-"in marijuana business license, is hereby amended as follows: I (b) The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application. Section 2. Section 11-298 of the Code, concerning the issuance of medical mar�juana business licenses, is hereby amended as follows Sec. 11-298. - Standards for approval of license; no hearing required; MAXIMUM NUMBER OF LICENSES. (a) The local licensing authority is authorized to administratively approve any license under this division so long as the following conditions are met IN (6) The licensing authority has received written approval from the community development department that the location and zoning requirements imposed by this division and section 26-204 of this Code have been A (7) THE PROPOSED LOCATION, IF APPROVED, WILL NOT EXCEED THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED IN THE CITY. ?,. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA b. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA- INFUSED PRODUCT MANUFACTURERS AND RETAIL 1(-Tq 14AIL11 11=A(-T1 10=0C It.1 'rut: f-rrx/ 3 (2) THE CITY S HA L L ACCEP FRO IN , _ T 0) DAYS FROM THE DA THE O F NOTICE OF VACANCY LETTER \» AT A MINIMUM THE FOLLOWING ..`° , THE TYPE $ . MED ICAL MARIJ ESTA \ RE TAIL MARIJUANA ESTABLISHMENT PROPOSED. TH PROPOS E .B. : BE »B ©$ OBT AIN A CITY LICENSE -.2. TO ARTICLES .: AND/OR OF fP E -- e RUM ` ■ :, C. WRITTEN ION OF THE OWNER OF THE PRO PERTY, I F HE O WN E R IS NOT THE I PAR CONDUCT THE PROPOSED ESTABLISHME AT THE L OCATI O N. > ,�..� ,� \. . ..�, $� : <��< . � � y ■� :• » � < A. THE DATE T APPL IS SELECTED LOTTERY, I SO SELECTED; B. THE EXPI RATION OF H E INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLIC ONLY ,. FI LED A TIMELY L ETTER 2° INTENT; OR 51 C. THE DATE OF THE APPL LETTE OF INTENT IF SUBMITTE AFTER THE INITIAL $ DAY RESP PER � ^■ a� �2■ � � a -(, ■�° © :�. - ■ » ■ « t f :.a # ■ •. . » .f� . *. � �f� f 2, 2 -� ■ f » $ � , §. ��e... , ■� ~. <� $. Igo » ? !!.■. $ . -, y ■.. oaf. ..ay - - -. _�,. a.•te.. . Sect 3. Subsec « -305 of the Co t 4» ® g prohibited locatio medical marijuana b « - -. is hereby amended as follo _) E as provided in o (g) oft this sec no ,e is m ar i juana estab ^ » - be locate at - locat that does not conform to the r equirements of 2 is sect 9 center or manufacturer is to be located,--uswe-4he- - , Medical marijuana establishments that were lawfully in existence at a specific location within the city as of the effective -of this section shall not be subject to the ohib©a at that location. (f) Each medical marijuana - «,blishm®n shall be operated from a permanent location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. (g) The suitability of a location for a medical marijuana establishment shall etermind at the time of t h e issuanc e of the first licens e for su J establishment. The fact that changes in the neighborhood that occur aft] d e M the issuance of # render the site unsuitable # medical marijuana establishment under this section shall not be groun to suspend, revoke, or refuse to renew the license for such establishme • long as the license for establishment Secti ' . Section 11-306 of # concerning signage requirements nedical marijuana businesses, is hereby amended as follows: (a) All signage for a medical marijuana establishment shall comply with the requirements of chapter 26 of this Code. a a a• a a a a A MEDICAL MARIJUANA ESTABLISHMENT IN ANY FOR SIGNAGE ANY r THAT IS DECEPTIVE, FALSE, OR MISLEADING. N =win ONN I A M V cm a0h. (F) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A SIGN THAT CONTAINS • GREEN CROSS GRAPHIC IN EXCESS OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE. Stctiqn_». Section 11-406 of the Code, concerning application for a retail marijuana business license, is hereby amended as follows: (b) The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application. Section 6. Section 11-408 of the Code, concerning the issuance of retail marijuana business licenses, is hereby amended as follow , Sec. 11-4■8. - Standards for approval of ( icense, no hearing required; MAXIMUM NUMBER OF LICENSES. �21juaj f Bas && -111 (1) The application (including any required attachments and submissions) is complete and signed by the applicant, )The applicant has paid the operating fee and any her fees required by e ¥ Code; 8 (3) The application does not contain a material falsehood or misrepresentation; (4) The application complies with all of the requirements of this article and the Colorado Retail Marijuana Code; and (5) The licensing authority has received written approval from the city police department as to the applicant's criminal background-. ; (6) The licensing authority has received written approval from the community development department that the location and zoning requirements imposed by this article and section 26-204 of the Code have been met; AND (7) THE PROPOSED LOCATION, IF APPROVED, WILL NOT EXCEED THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED IN THE CITY. (b) The local licensing authority may, but is not required to hold a hearing as permitted by C.R.S. § 12-43.4-412 prior to granting a retail maana establishment license. (c) The local licensing authority shall inform the state licensing authority of approval of an application for a license. M A THE TYPE OF MEDICAL M <AB OR RETAI MARI J UANA EST» <. «» PROPOSED TH ? PROPOSED ON O BTAIN t CITY LICENSE PU R S UANT « AR T IC LE S XII AND/OR XI « OF .«: y , <� C. WRITTEN PERMISSION OF THE OWNER OF . $PE IF THE OWNE \ T H I P ARTY , TO CO ND U CT < » @ `'LISHMENT AT THE L im .$,: e - 2.■ � .a :�• � $ :. �: -; $ � -? ■ ■ � � -� �\ ■ • A. © S EL ECT ED , ■� APPLICANT 2 ■ t LOTTERY S e B. THE . OF 0) DAY RESPON PE R I OD : ON 2 T $FINTEN OR PART � C. THE DATE eF A PPLICANT'S - OF INTENT IF SU BMITTED AFTER THE T. I a ) D RESP PERIOD . e � $� 2 ■ , . $� � lot ■ -��' ■ et2 ...� ■ -� ■ «: ; |$ », e° ;,; 7 t » �t ■72. 2 e + .■IR� " - • -» . ■ ;.,saw @ . Secti - < ,» 11-416 of the Code concerning prohibited locations of re tail a mar bus : hereby amended as ■ .'. ° •,; .- � a.�, a w.�.. ( a) Except as provided in subsec \ of this sec 4::a ma estab h be l ocated - t,. ■,i t does not conform o t re q u irements , .this s ection . � ., - � ;, , .. , . � - , v��: , ��._ , «■ ?� » �2 .,< - , a -� »��, ::� a.- , .: :,■■■ -® , . , ,� , . 4�w � �., ®� <.t. , :�w , �, -a� <4 , a��■ � ■a #- w.�- ^ a . �- . »� * � � ■� �� <, ,�- w�.�. © $ -���< : �f�< e,t �e � ? » ��: ; : e. * y.■ :. »� <, $ � $, .,,$ 4 !$ :, : is ON (g) Each retail marijuana establishment shall be operated from a permanen) location. No retail marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. Section 8. Section 11-417 of the Code, concerning signage requirements for retail marijuana businesses, is hereby amended as follows: See. 11-417. - Signage. (A) All signage for a retail marijuana establishment shall comply with the requirements of Chapter 26 of this Code and the Colorado Retail Marijuana Code. im IN Section 9. Section 26-204 of the Code, concerning the zone district us schedule, is hereby amended by amending the following portions of the Table of Uses Commercial and Industrial Districts as follows I '11-11MI1111 ses Noie - : i -- 6T C„-2 1E Medical manjuan SUPS — NOT R S P centers ,TRANSFER ABLE WITHOUT CITY APPROVAL . SEE § 26- 114.G.2. Medical Marijuana – 5,000 Optional premises SQUARE -P- S P cultivation operation FEET ASSOCIATED WITH MAXIMUM; MEDICAL SEE § 11- MARIJUANA 305(E) CENTERS MEDICAL P MARIJUANA SQUARE OPTIONAL FEET PREMISES -- LMAXIMUM, us CULTIVATION SEE § I OPERATION 305(E) ASSOCIATED WITH MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURERS Retail marijuana 5,000 PS P cultivation facility SQUARE ASSOCIATED WITH FEET RETAIL MARIJUANA MAXIMUM; CENTERS SEE § 11- 416 F RETAIL MARIJUANA 5,000 P CULTIVATION SQUARE FACILITY FEET ASSOCIATED WITH MAXIMUM; RETAIL MARIJUANA SEE § 11- PRODUCT 416(F) MANUFACTURERS Retail marijuana SUPS NOT PS P stores TRANSFER ABLE WITHOUT CITY APPROVAL . SEE § 2- 114..2. Section 10. Subsection 26-114.G. of the Code, concerning the term of special uses, is hereby amended as follows: IN ANY REASON FOR A PERIOD OF SIX (6) MONTHS, THE SPECIAL USE PERMIT SHALL BE DEEMED EXPIRED, UNLESS OTHERWISE PROVIDED IN THE PERMIT ITSELF. '4P.9 SeC,Ii2n 11. Section 26-708 of the Code, concerning miscellaneous sign colk. provisions, is hereby amended by the addition of a new subsection H, to read in i entirety as follows' Signs for mar�uana-related businesses. No permanent or ternporary sign associated with a marijuana-related business licensed pursuant to Articles XII and/or XIII of Chapter I I may be installed or located until reviewed and approved by the City. See, Sections 11-296,11-306,11-406 and 11-417 S2ction 12, Subsection 5-78(b) of the Code, concerning local amendments the 2012 International Mechanical Code, is hereby amended by arnending the followill amendment set forth thereunder, as follows: 502,20 Marijuana related occupancies. Add the following section: 19 SIGNED • the Mayor on this day of 2015. m X=rOmm iN First Publication: Second Publicatiom Wheat Ridge Transcript Effective Date: im Vaal tomommomm! 1 `� utr r B �- A • F — - II -/ U) . T W Z yt 5 i z W U) 1 - o W � C _ w `•���.•� '�;% 44TH AVE too b,t�� M T N VIEW T. 1 0 � 38TH AVE � 1 0 cc 1 W J 1 a , VE Y 1 ` In 1 1 mnmolm ' Mr ..�..�..........1 4 i E iL 7trntr Dome lnnlnutow - 26tH AVE r ' LAKEWOOD EDGEWATER a t E DENVER Medical Marijuana Centers and Retail Marijuana Stores This map shows the businesses and land uses related to the proposed ordinance. EXISTING DISPENSARIES :: This map shows the locations of the five (5) active medical marijuana centers and retail marijuana stores as of December 1, 2014. All but one will become a legally nonconforming location based on the proposed ordinance, see below. BUFFERS :: The Municipal Code requires a 3/4 -mile separation between centers /stores. These are indicated by the larger gray circles. This separation requirement applies to businesses located not only in Wheat Ridge, but also in neighboring communities. As of October 2014 there were existing marijuana centers /stores in 2014 Denver, Mountain View, Edgewater and Lakewood that make properties in Wheat Ridge ineligible. OTHER LAND USES :: This map also shows four sensitive land uses: schools, drug treatment centers, home -based day cares and developed parks and recreation facilities. Marijuana businesses have not previously been subject to a separation from parks. The ordinance proposes to add parks and proposes to measure the separations from these four land uses as the crow flies. In the past they have been measured as the pedestrian travels. The smaller circles indicate the 1000 -foot buffer. ZONING :: Only two zone districts are shown on this map. These include the Commercial - One (C -1) and Industrial - Employment (I -E) zone districts in which centers /stores are proposed as special and permitted uses, respectively. STATUS OF EXISTING BUSINESS:: Below is a summary of how the draft ordinance would affect each of the five existing marijuana centers /stores: A:: Would remain a conforming location - DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Refance ' v upon the accuracy. tZabikty and authority of this information is solely requestor's responsibility. The CM of Wheal Ridge. in Jefferson County, Colorado - a political subdivision of the State of Colorado. has compiled for its use certain computerized informal on This information is available to assist in identifying general areas of concern only The computerized information provided should only be retied upcm with W h e-atP4 d corroboration of the methods, assumptions and results by a qualified independent source The user of this information shall indemnify and hold free the City of Wheat City of Wheat Ridge, Colorado Ridge from any and all habddies. damages lawsuits, and causes of action that result 7500 West 29th Avenue as a consequence of his reliance on information provided herein Wheat Ridge. CO 80033 -8001 303 234.5900 Data Sources City of Wheat Ridge Jetco Public Schools Colorado Dept of Human Services. greatschools org Updated December 31, 2014 Created by Lauren Mikulak, Senior Planner - Marijuana center /store Separation buffer (3/4 mile) Separation buffer (3/4 mile) City limits ■ Schools ■ Drug treatment centers Home -based daycare ■ Parks ® Commercial -One (C -1) ■ Industrial - Employment (I -E) 0 0.25 05 075 t r!•..s N 0 1,320 2640 3960 5280 F, A B:: Would become legally nonconforming based on as- the - crow -flies measurement. C :: Would become legally nonconforming based on proximity to parks. D:: Would become legally nonconforming based on proximity to parks. E :: Would become legally nonconforming based on proximity to parks. CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Sara White DATE OF MEETING: January 15, 2015 CASE NO. & NAME: WZ -14 -15 / Parfet Storage ACTION REQUESTED: Approval of a zone change from Planned Industrial District (PID) and Agricultural -One (A -1) to Industrial- Employment (I -E) LOCATION OF REQUEST: 5130 Parfet Street APPLICANT(S): Parfet Storage, LLC PROPERTY OWNER(S): Greg Herbers, Alan McKinster APPROXIMATE AREA: 151,726 square feet (3.48 Acres) PRESENT ZONING: Planned Industrial District (PID) and Agricultural -One (A -]) PRESENT LAND USE: Office /Vacant, used most recently for electrical contractor's office and storage COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Case All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ -14 -15 is an application by Parfet Storage, LLC requesting approval of a zone change from Planned Industrial District (PID) and AgriculturaJ -One (A -1) to industrial- Employment (I -E) for the property located at 5130 Parfet Street YE it .1, Aerial7'6ito) The proposed rezoning area includes two parcels, the total area of which is approximately 3.48 acres.f The purpose of the zone change is to expand possible uses for the property including the construction and operation of a mini warehouse storage facility. The zone change is the first step in the process for approval of future development on the site under I -E zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. The specific details of future development will be assessed at the time of future site plan submittal and should not impact the rezoning decision. II. EXISTING CONDITIONS Subject Property The property is located at 5130 Parfet Street, in the northwest quadrant of the City and consists of two lots. Lot 1 is zoned Planned Industrial Development (PID), with a single -story 1135 square foot office building, and a detached garage. (Exhihit 2, Improvement Location C'en!iftca,t Other improvements on the northern portion include parking, landscaping and a small, screened outdoor storage area 17S'fe ioloS Lot 2 is split by two zoning districts. The northern half is Planned Industrial Development (PID), and the southern half is Agricultural -One (A-]). VE:xhibit 4, Zoning il1Gp) Lot 1 is relatively flat terrain and connects to Lot 2 through a steep and narrow slier of land. Lot 2 has a considerable grade change with an estimated 13% grade at certain points. Lot 2 is vacant and has the Wadsworth Ditch traversing the southern end. West 50` Avenue dead -ends at the southeast corner of the property. Both lots are under common ownership and equal approximately 3.5 acres in area. The subject property is part of the Parfet Park Subdivision and is 151,726 square feet (3.48 acres) in size. The primary structure on the property was originally built in 1960 as a single family home. Since that time, the building has been converted for commercial use. Most recently, the building served as office space for an electrical contracting business. The development plan associated with the subject PID is Hoss Electric and was created to allow a contracting business and storage lot. The Outline Development Plan (ODP) which was approved in 2003 specifies allowable uses and development standards 'j'Exhibit 5. Original OQN. While there is an extensive list of allowable uses that are industrial and /or commercial in nature. mini storage is not among them. The ODP does specifically allow warehousing and outside storage. An accompanying Final Development Plan (FDP) allowed a second office /warehouse building on the southern lot, but it Case No. WZ -14 -15 /Parfet Storage was never constructed. The original rezone to PID did not include the lower portion and that was left agricultural because development was not planned on that portion due to geographical constraints and neighbor concerns. Under previous ownership, the property was the subject of code enforcement actions relating to fill and grading violations and also illegal parking and storage of containers on the lower portion of the property. The most recent amendment to the FDP in 2011 was to bring the property into compliance by reflecting the activities which occurred on Lot 2. The improvements reflected on the northern portion of the FDP were installed including landscaping, installation of irrigation and paving. Drainage improvements were installed on the very south end of the property to accommodate fill that was brought onto the northern portion of Lot 2. (V 6, Amende Surrounding Zoning and Land Use Surrounding properties include a variety of land uses and zoning. To the west is a transmission substation which is zoned A -1. Abutting the property to the southwest are three parcels (5120, 5110, and 5006 Parfet Street) all zoned Agriculture -One (A -1) with single family, greenhouse and farming uses. To the north and east of the property are developments zoned PID, which have a variety of office /warehouse and manufacturing uses. The property south of Lot 2 is an undeveloped parcel zoned Planned Commercial Development (PCD) This area has a large number of PIDs as opposed to strai ht industrial zonin s because until 2012, there were no other industrial rezoning options . However, Planned Developments don't necessarily age well and can result in a cumbersome process for prospective owners to amend. With recently adopted design guidelines and code amendments, city staff has a large amount of oversight with administrative site plan reviews. The Architectural and Site Design Manual was updated in 2012 to include design standards specifically for heavy commercial and light industrial land uses, and the document clearly defines minimum building and site design standards for industrial development. These standards are up to date with current planning goals of the city — including appropriate buffers and articulated design —as opposed to many older PIDs that may no longer be aligned with the goals of the city. III. PROPOSED ZONING The applicants are requesting the property be rezoned to Industrial - Employment (I -E), a zone district intended to provide light industrial and commercial uses that support employment. The existing PID and proposed 1 -E districts are very similar as they both allow industrial and commercial uses with minor differences. One of those differences is that mini warehouse storage is not listed as a permitted use in the approved ODP. It would be allowed in the I -E district, which the applicants are proposing to rezone to instead of attempting to go through ODP and FDP amendments. A portion of the site is currently zoned A -1, as it was not rezoned to PID in 2003. The applicants are proposing to incorporate this portion into the I -E rezoning to facilitate development of the property. At this time, the applicants do not have specific plans for physical improvements to the property. However, the reason for the rezoning request is so that they may construct mini warehouse storage in the future. If the rezoning is approved, the applicants would then submit for administrative site plan review and would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. As discussed earlier, the current design standards are up to date with the City's Case No. W7-14 -1 S /Parfet Storage development goals and are intended to facilitate good design in addition to appropriate transitions to surrounding less intense uses. The portion currently zoned A -1 does border on residential uses and the current design standards would ensure that if rezoned to I -E, the transition to these residential properties will have as little impact as possible. The following table compares the proposed and existing industrial standards that apply to the subject property. In general, the existing ODP standards are similar to what is allowed in the 1 -E district. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26- 122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: Case No. WZ -14 -15 :'Parfet Storage MMMM Uses Light industrial and commercial Specific uses identified, most with uses industrial or commercial character Arch iaei. Determined by Architectural and "Architectural requirements of the City Standards Site Design Manual (ASDM) of Wheat Ridge Code shall apply" Building Heiight 50 feet for all other buildings 35 feet (Max) Front setback 10 feet 50 feet Sidie setback 5 feet per story, except: 5 feet per story, 30 feet from ROW • 0 feet where nonflammable • 10 feet adjacent to street • 15 foot landscaped buffer adjacent to residential zone or use Rear setback 10 feet + 5 feet per add' 1 story, 10 feet + 5 feet per add' 1 story except: • 10 feet along street • 5 feet along alley • 15 foot landscaped buffer adjacent to residential zone or use Lot Coverage (m.ax) 85 %, minimum 80% (max building footprint 15,000 sq. ft.) Landscape 15% minimum 20% minimum IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26- 122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: Case No. WZ -14 -15 :'Parfet Storage 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone districts have similar development standards and permitted uses. The I -E district and PIDs are both industrial zonings and, while there may be minor differences in allowed uses, the general intensity of use is similar. The portion zoned A -1 borders on both agricultural (residential) and commercial zonings. Current development standards that the I -E district is governed by would ensure adequate screening and buffering at the time of development. Staff concludes that this criterion has been met. 2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no development is proposed at this time. If the property is redeveloped under the I -E zoning, an administrative site plan review application will be required and referred to all impacted utility agencies Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the follot ing conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan — Envision Wheat Ridge. The plan designates this area as an Employment zone, which is a zone built on existing industrial areas. In general, these existing light manufacturing, storage, warehouse, and other industrial - related uses in the city will remain as they are today. As infill occurs, the City will promote efficient use of land and require adequate screening for residential neighbors. A zone change to I -E on the subject property supports several City goals. A development under I -E will build on the existing industrial use on the site while supporting employment. Additionally, a change to a zone district with standards directed by the ASDM, compatible design and screening with the surrounding residential areas will be ensured. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Planned Industrial Development (PID) or Agricultural -One (A -1) zoning designations as they appear on the City's zoning maps. Case No. WZ -14 -15 /Parfet Storage Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from PID to I -E neither responds to nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26 -109. A meeting for neighborhood input was held on November 13. 2014. One neighbor attended and requirements for future development were discussed. (Exhibit 8, Neighborhood Meeting; Notes). VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns. Xcel Energy: No objections, contingent upon maintaining all existing rights and ability for future expansion. Clear Creek Sanitation District: No objections. Future development will require review. Valley Water District: No concerns. Comments received relate only to the zone change request. No comment was received from the fire district, Economic Development Division, Building Division or Police Department. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. Case No. WZ -14 -1 S /Parfet Storage 6 A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, as needed, with future development or change in use. Finally, staff concludes that the zone change is consistent with the Comprehensive Plan and will more easily facilitate development of the property. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ- 14 -15. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ- 14 -15, a request for approval of a zone change from Planned Industrial Development and Agricultural -One to Industrial - Employment, for property located at 5130 Parfet Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. 4. The zone change will more easily facilitate development of the property." Option B• "I move to recommend DENIAL of Case No. WZ- 14 -15, a request for approval of a zone change from Planned Industrial Development and Agricultural -One to Industrial- Employment, for property located at 5130 Parfet Street, for the following reasons: 1. 2. 3. Case No. WZ -14 -I5 /Parfet Storage EXHIBIT 1: AERIAL IMAGE Case No. fVZ- -14 -I5 /Parfet Storage EXHIBIT 2: IMPROVEMENT LOCATION CERTIFICATE a.ar�. er ra.oa. �rrr tM rw�. tw.ra... fr�C �.rrw�br� w. rr.rr r rr frtau�aa�r fer MfM � O.aal Game -. 1 on atr DeM d my 1 WMofto. Inrprtnaebn errs OaWI, I rrreEy MT Vw"I^Ora'artwH loom" taffin vm rww w tO K� f or wo ow"" � Pr.Yb awl D ■ rot to a 'fw tlta eDe t . are D u Ww tmn MrlprDaMeYK I/rD. 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Inrprtnaebn errs OaWI, I rrreEy MT Vw"I^Ora'artwH loom" taffin vm rww w tO K� f or wo ow"" � Pr.Yb awl D ■ rot to a 'fw tlta eDe t . are D u Ww tmn MrlprDaMeYK I/rD. I 111rVler OWY V h PMled P der, f7fODf IY1y parnpCWM iD owooy vrttl%n t o e pDepl tuoepl erren aIDK awe w upon b dwabed Prwnm" by knprowrtwft o Prerrlif✓fD, ee Y+OiCSrd, ow aw e b no tA1dom M *Wet eny ebowMe ero=InV oC W dW d Dail now 'Y�MVMMM rtrt 0.t POWIA!lOMM L sr . Karrntearar.elM ehpa. wroete —om r'I G'eib _ w•YS ara Case No. f f Z- 1-1 -15 Parfet Storage 9 EXHIBIT 3: SITE PHOTOS Case No. WL- -14 -IS /Parfet Storage A view of the subject property looking east from Parfet Street. The structure was built originally as a home and still retains a residential appearance. View of existing structure with garage and parking lot. Outdoor storage at east side of northern lot. Case ,1'o. bf Z-1 a -1 S Pa{ fet Storage rront yara ianascaping ana parKing iot. Case No. WZ -14 -15 /Parfet Storage Ditch on the southern lot of the propert) . Significant grade change between the north and south portions of the site EXHIBIT 4: ZONING MAP Case No. WZ -14 -15 /Parfet Storage 13 ; , I I ? P � M t N►rbj/�6{NdOZ3A343NN/10 I maisnarn ° J12�1 SSOH z IZ V p ,z a wz W V O W ' —j W W > �ZWa =ZW0 Z z a - a Q � i7 � W T o o t5 o� t� O O r m figs S e w .� a''� ;4, Q Hm F Y; e K i I RIO H 15 11 m ill Y e �! I N1 Wit 8r jp 1 �yq ■■(� � � 1d lot,tirntri y 6 b lit ti Y t , €!1 �1 ri}. •rrR� i'A7�:!!�l�RtgA %A71p #:CR Aqq %# qpM R1LtlC :.Y1 . � d tq� ��yrr t1i { dCO 1VN :S 1181HX21 a 4.i Rlilii j WHOM LL _ ! I iatsiairrxt MONNr,d �12I1�373 SSOH ZS ' I I � ` tG G r a � H Q a ME a f LU W v ' yz W;Z OWO2 x } =zWo �Z 4 I R I 1 r 1 � �• 8 In � I ' I ' I ' I I � r- � I I , I , I � 1 I I I I I I I � I f i t 1 CM'OV Af) •— ia3!!8 7iY0 f_ ■ �. ' Its ' A . I g I a a 0 8 a � WR QQ W x I .Li 6ZC 4 W Q • O Z z � WOO � A UU O a aa z a '6Y Or U { -cg ao . ° O 109) 1_ I1 J 3 I t(d _ s — r - - - - -- - - - -- _ — — CMriY .OW l�ILB 13�L PH !e e I E; S e I J I , TI I N - I \ y ��$ q ..� I )t� e� r - 7C R dua GHUNRWV :9 i'la xg �+i ILy y v i i t Ir 7,U Oz W .7 a O Z O U O � U AP- Lt 3 Ol,ti.OS . t t , t \ \ '...\ \ � \ ` ,, . Nd0 l Ou ' -- -�- TEL -�\-- - \ �c - N� - - 1 - - _I � ��`c\`�'�T' \'r' \�` q \ \r-'- *\.i q 1 ', t��t tt y t 1 t I r f5 I.�va jc yv V V d � . -"' 1 1 I i 1 A h 11 m I �'1 -� r l i 11 I I 1 I �l 'I A i l l 1 I I Ip � p A� (; W �' "` 9 fi. 1t I A l , Y y y . 4 r/ t r// / l l g I 1 rT V Fa ' t I P :17 - l / /t/ r �p3�r9vn •1 1 1 \ I , 3na Ix V I d a O W LL d ' I�Z a ,ZO NF w Ira = Z O U I < °N I w as w Z Z I o. w a 0 4 H EXHIBIT 7: AREA ZONING MAP Al FIR P a�o MID — TO C. 11"61 Jl ID C- "1 -- 1p w le P( RID PI D A A, 11 P I D h PCOID PID A-1 PCOD �� -1 PCID _I?I D PIC FIp_ PCD -2 F'ID A -1 _ c L�JrL�--- F)RC' PF R -1 C A -1 3 A -1 R- Case No. WZ -14 -I5 ; Parfet Storage 14 EXHIBIT 8: NEIGHBORHOOD MEETING NOTES OF' City of W heat j ge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F. 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: November 13, 2014 Attending Staff: Meredith Reckert, Senior Planner Location of Meeting: Wheat Ridge Municipal Building Second floor conference room 7500 W. 29"' Avenue Wheat Ridge, CO Property Address: 5130 Parfet Street (PIN 39- 16 -01 -010), East side of Parfet Street, (PIN 39- 16- 01 -011) Property Owner(s): Parfet Storage, LLC — Greg Herbers, Allan Mckinster Property Owners) Present? Yes Applicant: Greg Herbers 5130 Parfet Street Wheat Ridge, CO 80033 303 - 717 -0378 P- aherbersr Q. com Allan Mckinster amckinster a,hotmail. com Existing Zoning: Planned Industrial Development (PID) and Agricultural - One (A-]) Existing Comp. Plan: Employment Existing Site Conditions: The property is located at 5130 Parfet Street, between Ridge Road and W. 50 1h Avenue extended. The site consists of one developed parcel, 39- 16 -0 1 -0 10 (Lot 1), and one undeveloped parcel, 39- 16 -01 -011 (Lot 2). Lot I is zoned Planned Industrial Development (PID), with a single -story 1135 square foot office building, and a detached garage. Other improvements on the northern portion include parking, landscaping and a small, screened outdoor storage area. wa'" . cl. w he a t ri d ge. m u s I� Lot 2 is split by two zoning districts. The northern half is Planted Industrial Development (P1D), and the southern half is Agricultural -One (A -1). Lot I is relatively flat terrain and connects to Lot 2 through a steep and narrow sliver of land. Lot 2 has a considerable grade change with an estimated 13% grade at certain points. Both lots are under common ownership and equal approximately 3.5 acres in area. Construction on the site would be phased with the upper (northern) portion being developed first with the bottom (southern) portion as a f iture phase. Surrounding properties include a variety of land uses and zoning. To the west is a transmission substation which is zoned A -1. Abutting the property to the southwest are three parcels (5120, 5110, and 5006 Parfet Street) all zoned Agriculture -One (A -1) with single family, greenhouse and farming uses. To the north and east of the property are developments zoned PID, which have a variety of office /warehouse and manufacturing uses. The property south of Lot 2 is an undeveloped parcel zoned Planned Commercial Development (PCD). Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the entire property to Industrial - Employment that would allow for the construction and operation of a mini - warehousing storage business. The zoning change would be for both Lots 1 and 2. The following is a summary of the neighborhood meeting: • In addition to staff and the property owners, 2 members of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: Will the property be used for outside contractor's storage? No, all storage will occur inside the buildings that will be constructed. Will car storage be allowed? No. Cars will not be allowed to be stored on the property, whether inside the storage units or outside. What will be the hours of operation? Generally 6AM to 10 PM. Will the existing office be retained on the property? Yes. What will the new buildings be constructed oft They will be metal - constructed buildings but will need to meet the Heavy Commercial/Light Industrial requirements of the Architectural and Site Design Manual. On the fapade facing Parfet, this would include primary materials such as brick, stone or stucco with fapade articulation and architectural details such as reveals, belt courses, etc. What will site paving consist oft All areas used for drives and parking must be hard- surfaced paved. Asphalt will be used for these surfaces. Case No. WZ -14 -1 S /Parfet Storage 16 Will access be provided from West 50' Avenue on south? No, grades on the very southern portion of the property are up to 13 %. Access will be provided from the northern portion with improvements constructed consistent with the Arvada Fire Protection District requirements. Will the existing drainage easement on the south be kept? When new development occurs on the property, the owner will have to provide new drainage information analyzed in regard to the proposed new improvements. Modifications to the existing pond on the south will need to be reviewed and approved by the City's development review engineer. There has been a lot of vandalism and burglary in the area. What type of security will be used? At a minimum, a perimeter chainlink fence with barbed wire on the top, and if necessary, motion detectors and cameras. It was noted by the resident in attendance that he objects to West 50 Avenue being extended from the terminus at the eastern property line of the subject site, west to Parfet Street. Meeting Attendees: Charles B. Stiesmeyer 4996 Parfet St. Wheat Ridge, CO Case No. WZ -14 -15 /Parfet Storage 17 41 - City of " idg e MUNITY DEVELOPMENT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT January 15, 2015 CASE MANAGER: Lauren Mikulak WSP -14 -07 / Kipling Ridge ACTION REQUESTED: Request for approval of a master sign plan for a unified development on property zoned Commercial -One (C -1) and located at the southwest corner of W. 38` Avenue and Kipling, including 3725 Kipling, 3795 Kipling, 10040 W. 38"' Avenue and 10100 W. 38` Avenue LOCATION OF REQUEST: Southwest corner of W. 38th Avenue and Kipling, including 3725 Kipling, 3795 Kipling, 10040 W. 38th Avenue and 10100 W. 38th Avenue APPLICANT(S): Rosemann and Associates on behalf of Millennium Venture Group, Inc PROPERTY OWNER(S): Millennium Venture Group, Inc APPROXIMATE AREA: 279,782 Square Feet (6.35 Acres) PRESENT ZONING: Commercial -One (C -1) PRESENT LAND USE: Kipling Ridge Shopping Center (under construction) COMPREHENSIVE PLAN: Mixed Use Commercial / Community Commercial Center ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Case No. WSP -14 -07 /Kipling Ridge All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WSP -14 -07 is an application by Rosemann and Associates, requesting approval of a master sign plan for the mixed use development, Kipling Ridge, located at the southwest corner of Kipling and W. 38` Avenue. The sign plan applies to all four lots that comprise the shopping center, including 3725 Kipling, 3795 Kipling, 10040 W. 38th Avenue and 10100 W. 38th Avenue. The purpose of the request is to provide a unified sign plan for the shopping center. Section 26 -708.E of the municipal code establishes the procedure for master sign plan approval by the Planning Commission: E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial, mixed use, or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well - planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well - designed plans additional signs and /or up to a fifty (50) percent increase in maximum square footage for each sign, and /or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sip plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26 -109. II. EXISTING CONDITIONS The subject property is located at the southwest corner of W. 38` Avenue and Kipling with frontage on five public streets: Kipling Street, W. 38` Avenue, Lee Street, W. 37` Place, and Kline Street (Exhibit 1, .Aerial). The property is zoned Commercial -One (C -1), a zone district which provides for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Land uses in the C -1 zone district are often supported by the community andlor entire region. Case No. TYSP -14 -07 /Kipling Ridge Building permits have been issued for the three lots with site plan approval. No tenant has been identified for the fourth lot, although MVG is actively marketing the site. The redevelopment project has been named "Kipling Ridge," and Starbucks and Sprouts are expected to open this spring. The development is eligible for a master sign plan because it is over two acres in size, under unified ownership, and includes mixed use development. 111. CASE ANALYSIS The master sign plan is comprised of five sheets (400# $�gh . The first sheet contains signature blocks required for recordation as well as a summary of all proposed sign standards. Si&niage for the property is expected to comply with the standards in Article V11 of Chapter 26 (the sign code) except as modified by the master sign plan. Sheet 2 includes a site plan for the entire property as well as inforination regarding freestanding monument signs. Sheet 3 identifies proposed signage and maximum wall sign standards for Lot 4 (Sprouts). Sheet 4 identifies proposed signage and maximum wall and drive through standards for Lot 3 (Starbucks). Because no tenant has been identified for Lot 2 and no site plan has been approved, Sheet 5 provides general standards for Lot 2. The master sign plan standards are summarized below in the order they appear on Sheet 1. For each type of sign, the analysis compares the standards proposed in the master sign plan with the standards in Article V11 of the zoning code. Case,Nlo. ff -14-07IKil) rte Ridgt, Findings: Staff finds that the proposed freestanding signs are consistent with the intent of tile sign code by promoting a cohesive design and by reducing the overall number and size of the freestanding signs. The code allows a total of 7 signs each 15 feet in height, but tile proposed designs are more appropriate for the scale of the development and reduces sign clutter. 14"4711 Signs Allowed per Code: The code allows walls signs on building fwadcs that are adjacent to a public street or major interior drive. The size may be no larger than I square - foot for every linear foot of the faqade to which the sig is affixed (a 1: 1 ratio). Proposed by Applicant: The master sign plan proposes reduced sizes for wall signs in exchange for allowing signs on additional facades. The plan provides images of the proposed signs for the known tenants on Lots 3 and 4, but also includes maximum size standards as guidance for future tenants, The master sign plan includes a requirement that allows only channel letters, which is more strict than the sign code but will result in more attractive and cohesive designs. S rout - A LQ-t-Aj • Wall signs for Sprouts are shown on Sheet 3. • The si&ni code would allow wall signs on the north. east and west fa tides based on street and interior drive adjacency. The master sign plan proposes to allow a sign on the south fa�ade instead of the west facade. It also includes a provision that allows future tenants to transfer the sign allowance back to the west facade, • 'The maximum sizes for wall signs on this lot are proposed to he slightly less than what is otherwise allowed by the code: CaseNo. HISP-14-07lKiplingRi(�ge 4 Max Allowable Facade Length of 'Fa ade S F fo r Wal S' 200 ETsF 150 110 — West 150 110 CaseNo. HISP-14-07lKiplingRi(�ge 4 MorningStar (Lot 1) o The operators of MorningStar do not currently intend to have any wall signs on the building. Because future owners or operators of the property want otherwise, a note has been added to Sheet I that defers to the wall sign calculations in the sign code. • Findings: Staff finds that the proposed wall sign are consistent with the intent of the sign code. While the applicant has requested signage on additional faqades, they have also proposed more strict standards in terms of maximum size and by adding the requirement for channel set letters. Artistic Murals • Allowed per Code: The code recognizes artistic murals as a type of signage, but explicitly defines murals as images that do not "advertise or promote a particular business, service, or branded product." There is no limit on the size of artistic murals. * Findings: Staff finds that the proposed murals are consistent with existing regulations. 1q,forinational Signs • Allowed per Code: There is no limit on the number of informational signs, but they are limited in size and height. • Proposed by Applicant: The master sign plan is consistent with the sign code, but also includes a provision for that clarifies how to treat oversized signs: informational signs are considered wall signs if they exceed the size allowance for this category. This is the case for the wall- mounted "drive thru" signs shown on Sheet 4. Because they exceed 4 square feet, they are counted as wall signs. CaseAro. IfSP-14-07lKiplingRidge • Findings: Stafffinds that the standards for informational signs are consistent with existing regulations. Menu Boards • Allowed per Code: The code allows two menu boards per commercial activity, each up to 30 square feet in size and up to 6 feet in height if freestanding. Menu boards may be illuminated, but advertisement must be screened from the right-of-way. • Proposed by Applicant: The master sign plan is consistent with the sign code in terms of size and screening, and it limits menu boards only to Lots 2 and 3 which are, or have the potential to be, quick serve restaurants. The maximum size proposed by the sign plan is reduced to 20 square - feet per sign. The plan proposes to allow digital technology as part of the menu boards. The zoning code is silent as to whether this would be allowed, but proposed perforniance standards are consistent with the code--eg no flashing or moverrient is allowed. • Findings: Staff finds that the standards for menu boards are consistent with existing regulations and the incorporation of digital technology is acceptable and includes appropriate regulations,, Or Confirmation Boa•its • Allowed per Code: The code allows one order confirmation board per commercial activity, up to 3 square - feet in size and up to 4 feet in height. As with menu boards they may be illuminated. but advertisement must be screened from the right - cif -way. Proposed by Applicant: The master sign plan proposes to exceed the order board standards based on changing industry standards. Order confirmation boards for today's newer restaurants often employ larger screens with more text, and Starbucks is actively testing video chat capabilities around the country for drive tbru ordering. With this in mind, the sign plan proposes a maximum size of 8 square feet for order boards, up to 4.5 feet in height. As with menu boards, order boards are restricted to Lots 2 and 3 and standards related to digjtal text and images is included. • Findings: Staff finds that the standards for order boards and the incorporation of digital technology are acceptable and include appropriate regulations. Teniporat Signs Temporary signs are proposed to be consistent with Article VII with no modification by the master sign plan, ffindowlDoor Signs Window and door signs are proposed to be consistent with Article VII with no modification by the master sign plan. Q11-Prernise Signs o Allowed per Code: An off-premise sign is defined as "any sign which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located." Off-premise signs are not permitted. CaseAlo, If"SP-14-t`17 /Kiplitig Ridge 6 Proposed by Applicant: The master sign plan proposes to allow off - premise signs only for the purpose of allowing the two multi - tenant signs shown on Sheet 1. Because the shopping center is comprised of multiple parcels, a master sign plan is the only way to approve multi- tenant signs. As discussed above, the total number of signs on the property is reduced by allowing off - premise advertisement through multi - tenant signs • Findings: Staff finds that allowing off - premise advertisement is appropriate in the context of a unified shopping center with multi - tenant signs. The proposal is consistent with the intent of the sign code and reduces sign clutter on the property. Additional Notes Similar to a planned development, the master sign plan establishes minimum and maximum standards but also includes specific sign copy based on the current development. The plan is not intended to limit any change in sign copy in the future, so notes are included on all sheets that allow sign copy to be modified assuming it is consistent with the master sign plan and City sign code. IV. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the subject property is eligible for a master sign plan and that the proposed plan promotes well - planned and well - designed signage. Staff further finds that the sign plan is reasonable in its requests, consistent with the intent of the sign code, and appropriate for the context of the development. For these reasons, staff recommends approval of the master sign plan. V. SUGGESTED MOTIONS Option A• "I move to APPROVE Case No. WSP- 14 -07, a request for approval of a master sign plan for a unified development on property zoned Commercial -One (C -1) and located at the southwest corner of W. 38th Avenue and Kipling, including 3725 Kipling, 3795 Kipling, 10040 W. 38th Avenue and 10100 W. 38th Avenue, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well - planned and well - designed signage. 3. The master sign plan is consistent with the intent of the sign code and appropriate for the context of the development. Option B• "I move to DENY Case No. WSP- 14 -07, a request for approval of a master sign plan for a unified development on property zoned Commercial -One (C -1) and located at the southwest corner of W. 38th Avenue and Kipling, including 3725 Kipling, 3795 Kipling, 10040 W. 38th Avenue and 10100 W. 38th Avenue, for the following reasons: 2. ... 3. Case No. WSP- 14- 07 / Kipling Ridge EXHIBIT 1: AERIAL The four parcels that comprise the subject site and the Kipling Ridge shopping center are outlined in blue in the image below. a ■ k It Case No. WSP -14 -07 / Kipling Ridge U-NnIBIT 2.- MASTER SIGN PLAN Refer to attached I I x, 17 plan set. Case,Nlo. 11,'SP-14-071,Kil,)IitigRielge 'EXHIBIT 3,-, APPLICANT COMMENTS The applicant provided the following corntnents asked to explain certain components of the master sign plan: Rt � gartling the hei ght o the multi-tenant sign: The overall height of the multi - tenant sign was determined by the following factors: • The intent of the design was to create a multi-tenant, sign that was more vertical than horizontal to reduce the overall footprint and avoid competing with the overall development landscaping plan, encroachment into site visibility triangles, and placernent to avoid easement, access points and reduction in parking. We feel the vertical sign proposed is more aesthetically pleasing and ties into the overall development better than a horizontal option, • Were possible we have pulled the multi-tenant signs as far back as possible, while avoiding pedestrian light poles and surrounding landscape, and placing the signs within a landscaped area. • The sign company recommended standard dimensional panels: (1) 2x4 panel, (2) 2x2 panels, (1) 4x4 panel to ensure proper aspect ratio for branding and logo design, visibility for all existing and future tenants signage and case of construction. Reducing panels in height to the next standard dimension smaller would decrease the readability severely, create aspect ratio issues for logos/tradernark (tress and potentially require modifications to sign if tenants were to change in future. The sign configuration design was proposed to ensure a clean, visually pleasing look for now and in the future. • The height of the base proposed is to ensure the text "KIPLING RIDGE" is visible with proposed landscaping; at base of the sign and threat of snow build up. It also gets the primary portion of the sign outside of spray from sprinklers and adds a layer of protection from snow removal, landscaping maintenance and other items that could potentially damage signs. • In addition, the use of (2) larger multi-tenant signs is in lieu of using multiple single tenant signs on each lot. While the height and surface area of the (2) multi-tenant signs are outside the max allowed, the total surface area used throughout the (4) freestanding signs is well within the combined allowable for all lots (assuming a 5,(100 square foot building on Lot 2 and the smallest square footage allowed per sign per. lot). Regarding the south,fitchkg iiafl sign on Lot 4: • The signage on the south facade is in lieu of signage along the west facade to improve visibility to the major arterial street, Kipling Street. This will communicate the use and provide better marketing to northbound Kipling Street customers due to the speed of traffic. • While implementing a wall sign along the south facade is not permitted, the total square footage used for all signs is under the total max allowed for the building and a transfer of allowable square footage on the west facade to the south fa ade is proposed. CaseNo. TESP-14-071,KipflngRidge 10 Regarding the artistic mural on Lot 4: Case,Nlo, IYSP-14-07I Kipling Ridge aft I ow CITY CERTIFICATION Approved this_.. ,-day of-,,. A.O. 2015 by the City of WITEat RKIII., ATTEST effi Mayor carorro,64 De VT F LOTS MARKETPLACE SUBDIVISION FILING NO. I LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SIGN STANDARDS by this d;cument. MEPEM PROJECT LOCATION GOVERNING CODES Kipling Ridge Center City of Wheat Ridge, Colorado W 38th & Kipling Street - SW comer Code of Laws, Chapter 26, Article V11 Wheat Ridge, Colorado 80033 Zoning C-1 PoTa, F, the 1. = follf"Ielff"0 the 0taff"', 'aunty at Golden, CTMorado, at O'Clook M. ST the day of I A,D 2016, in Soak.,_, rage Reiapflar, NFL VICINITY MAP W 44TH AVENUE DEFINITION REQUIREMENTS FREESTANDING A 1IFFN THAT IS PERVADED F ASIVSELF- A FOR NEW DEVELOPMENT OR TOOP, REDEVELOPMENT. ALL NEW SIGN SUPPORTING BEING NONDLPENDENT ON SUPPORT FROM A BUCDYNC OR CUTLER FREESTANDING BOND SNAU BE PLACED OXTYEN LANDSC AREAS Pt" T 0 MAXHERART ISFEET GONER CESORNOUSIAPORONG 'N C PENSION ASSHKANNONSHEE72OF5 3 KNOU-S 0 MAX SIZE AD BROWN ON SHEE 2 OF S CLEAR CREEK LOT 2 AND ONE U MUD TENANT SIGN ON LOT 4 ON PER ,ESTANDING IFUNS ARE PERMITTED ON LOT 3 WALL SIGN A SK' N CONSTRUCTED OF DURABLE A BOUND AFFOE�O TO MASSLESS OR AWARDS S SHALL BE MATERALS OR PAINTED AND WHICH IS PERMANENTLY AFFIXED TO AN WALL STGNS AND SNAU BE CALCOLATED BASED UPON THE LENGTH OF THE WALL TO WHICH THEY ARE ATTACHED TO EXTERIOR SURFACE OF ANY BUCNNG 6 FOR SINTLOSAGS, PATH FLAT ROOFS, WALL WOOS SHAL NOT EXTEND SITE AND L' SIT "AUN ' T"RE,ANDVVHIC , " ABOVE. THE TOP Of PARAPET OR MANSARD, AND W PLACED UPON A DOES NOT EXTEND MOW THAN { I%) PAREPRIOR MANSARD BRAD. NOT EXTEND MORE THAN I FEET P_ ABOVE DECK LINE c FOR USES INHICH HAVE REAR ENTRY OR DEL WENT DOOR, I NON­ StCAAGE PLACED UPON MARQUEES, ILLUMNATOD WALL SON PER USE. CANOPIES, OR AWNINGS SHALL BE W 38TH AVENUE I, DINSIDERED WALL SIGNS ADDUCED €N THM RESCINDMENT E MAX IFEE AS SHOWN ON SHEETS C4, AND 5, LOTT GOES SHALL BE DETERMINED BY CK'U"FER 1 6 ARTICLE AM _ AR - TISTICMURAL' C AN ABA' HITEC UNNN, DIOUCN OR RECEF APPLIED OSEECILY TO OR INCORPORATED A A COMPANY, FG%4 ASSOCIAILON, SOCIETY, ETC, LOSO IS NOT CONSIDERED WI THIN TRESCOPE, OF THIS DEFTNULON ANO I% W 37n W VOTIAN A WALL OF A ROUNDS, ANKH DONSIDEREDASION DOES NOTADVER SEORPROVOTEA 8 NoLtMYTAT(ONRoNkVYiMUMI, U,.NLMBFR.ORSETOACKS PARTIE C LAR SURNESOCERVICE OR c GAN DOW - AND DOOR ' SPRINTED MORALS SHALL SE INSTALLED ON tCi "BRANDED" PRODUCT L THE SLID OR OF THE LAZING SUCH THAT THE POP ECTNE M T G ONALFNES OF THE, OLAXNA AREPRESERVEL N AS REQUIRED BY THE ARCHHN CTURAL AND SITE DEWGN MANUEL INFORMATIONAL A FREESTAN08NG OR W&L-TYPE SIGN EANAN't _FS "T'luor SIA ARE HOT UNATED TO FNTRALLCE, EXIT W 35TH AVENUE N07 USIGN 'I WITHIN PLACID STREEL r NOT , MEECH GOES THE " ZEEELPOSY DIRECTI OR NOR PARKNG U"TANONS OR LCXA'TK)N OF ONTRIT BUILDINGS OR FACS3DES FOOT 6 A COMPANY LOW OR NAME NO LARGER THAN I' I SQUARE ADVORDSINO INFORM A TIONTOMOTOR MAY BE PC%UDOD ON EACH'SUCH PERMITTED VMS VENICHE OPERATORS OR PEDESTISANS 0. MAXIMUM SIZE 4 SQUARE FEET NOR &DID W FREESTANDMIG, SHALL IN 32ND AVENUE CF N SKOU NOT DOE tO 36 INCKOE � HEIGHT W POTION A A OQUIRED 'r "STAN, TRIANGLE ORAIIINCHEG04ERF. OUTFOOE OF A SKOT L 'L' DISTANCE TERANDI D NO LIMiTATTONS ON NUMBER OF GOING " FREESTANDING, OR ATTACHED TO OTHER J UNCEL F MAY OF GPEO Aj TYPE OF SIGN DEFINITION REQUIREMENTS FREESTANDING A 1IFFN THAT IS PERVADED F ASIVSELF- A FOR NEW DEVELOPMENT OR TOOP, REDEVELOPMENT. ALL NEW SIGN SUPPORTING BEING NONDLPENDENT ON SUPPORT FROM A BUCDYNC OR CUTLER FREESTANDING BOND SNAU BE PLACED OXTYEN LANDSC AREAS STRUCTURE INCLUDES SIGNS PLACED 0 MAXHERART ISFEET GONER CESORNOUSIAPORONG 'N C PENSION ASSHKANNONSHEE72OF5 3 KNOU-S 0 MAX SIZE AD BROWN ON SHEE 2 OF S E MAX NUMBER AS SHIOTAN ON SHEET 2 OF 5, LIMITED TO TOO CS SAFOLE TENANT SIGNS ON LOT ONE OL M3LTITERAN7 SPIN ON LOT 2 AND ONE U MUD TENANT SIGN ON LOT 4 ON PER ,ESTANDING IFUNS ARE PERMITTED ON LOT 3 WALL SIGN A SK' N CONSTRUCTED OF DURABLE A BOUND AFFOE�O TO MASSLESS OR AWARDS S SHALL BE MATERALS OR PAINTED AND WHICH IS PERMANENTLY AFFIXED TO AN WALL STGNS AND SNAU BE CALCOLATED BASED UPON THE LENGTH OF THE WALL TO WHICH THEY ARE ATTACHED TO EXTERIOR SURFACE OF ANY BUCNNG 6 FOR SINTLOSAGS, PATH FLAT ROOFS, WALL WOOS SHAL NOT EXTEND AND L' SIT "AUN ' T"RE,ANDVVHIC , " ABOVE. THE TOP Of PARAPET OR MANSARD, AND W PLACED UPON A DOES NOT EXTEND MOW THAN { I%) PAREPRIOR MANSARD BRAD. NOT EXTEND MORE THAN I FEET INCHES BEYOND THE BUSUNG WALL, EXCEPT THAT ABOVE DECK LINE c FOR USES INHICH HAVE REAR ENTRY OR DEL WENT DOOR, I NON­ StCAAGE PLACED UPON MARQUEES, ILLUMNATOD WALL SON PER USE. CANOPIES, OR AWNINGS SHALL BE D ALL COPY To BE CHANNEL LETTERS, LOO KOFIDTAN SIARKS ARE NOT I, DINSIDERED WALL SIGNS ADDUCED €N THM RESCINDMENT E MAX IFEE AS SHOWN ON SHEETS C4, AND 5, LOTT GOES SHALL BE DETERMINED BY CK'U"FER 1 6 ARTICLE AM _ AR - TISTICMURAL' C AN ABA' HITEC UNNN, DIOUCN OR RECEF APPLIED OSEECILY TO OR INCORPORATED A A COMPANY, FG%4 ASSOCIAILON, SOCIETY, ETC, LOSO IS NOT CONSIDERED WI THIN TRESCOPE, OF THIS DEFTNULON ANO I% VOTIAN A WALL OF A ROUNDS, ANKH DONSIDEREDASION DOES NOTADVER SEORPROVOTEA 8 NoLtMYTAT(ONRoNkVYiMUMI, U,.NLMBFR.ORSETOACKS PARTIE C LAR SURNESOCERVICE OR c GAN DOW - AND DOOR ' SPRINTED MORALS SHALL SE INSTALLED ON "BRANDED" PRODUCT L THE SLID OR OF THE LAZING SUCH THAT THE POP ECTNE M T G ONALFNES OF THE, OLAXNA AREPRESERVEL N AS REQUIRED BY THE ARCHHN CTURAL AND SITE DEWGN MANUEL INFORMATIONAL A FREESTAN08NG OR W&L-TYPE SIGN EANAN't _FS "T'luor SIA ARE HOT UNATED TO FNTRALLCE, EXIT SIGN N07 USIGN 'I WITHIN PLACID STREEL r NOT , MEECH GOES THE " ZEEELPOSY DIRECTI OR NOR PARKNG U"TANONS OR LCXA'TK)N OF ONTRIT BUILDINGS OR FACS3DES FOOT 6 A COMPANY LOW OR NAME NO LARGER THAN I' I SQUARE ADVORDSINO INFORM A TIONTOMOTOR MAY BE PC%UDOD ON EACH'SUCH PERMITTED VMS VENICHE OPERATORS OR PEDESTISANS 0. MAXIMUM SIZE 4 SQUARE FEET NOR &DID W FREESTANDMIG, SHALL CF N SKOU NOT DOE tO 36 INCKOE � HEIGHT W POTION A A OQUIRED 'r "STAN, TRIANGLE ORAIIINCHEG04ERF. OUTFOOE OF A SKOT L 'L' DISTANCE TERANDI D NO LIMiTATTONS ON NUMBER OF GOING " FREESTANDING, OR ATTACHED TO OTHER J UNCEL F MAY OF GPEO Aj 13 OR CANOPIES SO' SHALL NOT Be COUNTED FROESTANON SIgNS AN TME ALL OWASTE SIZE OF ANO TIE TYRE OF PERMLTTEO AN CD N5r 'NIF RPLEANT FUTH MARMNM WEE LIMITS IF lNfORMATDV MC r MORE EXCEED ED MRGRITRA GqE ONTO, FOR US$ CATEGOR" STAFEA "S IEN 'LORFR EE I'D RED S'ER'I BE CO US GRANT VEIL F MAY ED �LUABYXATED BY tWERNAL LIGHT ONLY MENU 11PARD I _�IRCESIAND YNG OR VDIALLlYPE SON 20 LA SFEN A MAX $LEE NUARE FEE r PE DRIVE T EIROUG F2E 0 CER TUE OR INOVE THROUGH A ROTY ,HT 0' FREESTANLANG 6 SHALL NOT EXCEED 6 FEET IN MEW C LA AN ORGANIZATIONAL, LOGO IS WCORACRATED INTO THE. RON DIRECTORY THE LOUSY SHALL NOT E SORDID U SOLARE FOOT IN SIZE SiGNS MAX NUMBER SHALL NOT EXCEED QO PER COMMERCIAL ACTIVITY MFM%%SA SETSAC G( 10 FEET FROM RIGHT-OFVVAY F TWO BE WALL MOUNTED FIR FREESTANDAR, 0 HALL NOT BE COUNTED AGAINST THE ALLOWABLE NUMBER OR SEE, OF ANOTHER TYPE OF PERANYTED S ION N M BE I,, "HISITOOD BY PITERNAL LOOLDNO NO DIRECT LIGHTING I. N WGRAGE OR ATTIVERTISNIG MAI Of, VISIBLE FROM THE RKRO OF-WAV I DUCTAL MOOD RUPEES MUST BE YASUALLY SCREENED FROM RKND,OF WAN SY LAN D)FICAPING III MENU BOARDS PER PERMITTED ON LOT '2 AND LOT 3 L WOO BOARD MAY INCLOSE, CHANGEABLE COPY OR MOTU) S O OTER 2 TH CHA PTER SORT, COMPL , BEEN$. BUT GE Y PA 6 MESSAGE ARTLIO V IM INCLUDING SUT SET LIMCETT TO REGULATIONS Of MOVEMENT, F ASKING, AN THE, nME LAPSE BE' SIREN THE ONANDA I'N fUF ORMADON '- �I �R _ — wZL71F, �IjN A IRAN StZE OSBORNE FE T PER SIGN ORDER BOARD SOUL NOT CONIFIRMATION FOR THE PUNITIVE E OF ORDER CONFIRMATION EXCEED 4 POETS Ida IDES IN HUGHT BUT MAYBE MOUNTED ON A PLOT OR STRUCTURE THAT EXCEEDS TFUS "EIGHT a }P ER ASA ORS" THROUGH LANE C MAX SETBACK SHALL NOT EXCEED 10 FEET FROM RIGHT4FAAy O MAY RE WALL, MOUNTED OR END I AS FORCING, E FALL NOT BE COUNTED AGAINST THE ALLOWABLE NUMBER OR SIZE OF � NO AFTTEI'JICGN AN O THER TYPE OF RE F MAY at ILLUMINATED BY INTERNAL USFITING NO DIRECT LAUDING C NO SORIAGE OR ADVERTISING MAY BE VISIBLE FROM TOP FUGHT,0F UNY ANY VIDEO OPPOSING BOARDS MUST BE VSU,'MLy SCREENED FROM MGM r'OP,WAY BY LANOSCAPINO I VDPO ORDERING BOARDS ARE PERMITTED ONLY ON LOT 2 AND LOT 3 4 ORDER BOARDS MAY LT CLODS CHAPOSAIDS COPY OR VIDEO SCREENS, BUT MESSAGE SRAUJ. COMPLV SPIN CHANTTER 26, ARDCLE ", LUL4* TOO NOT LIMITED TO RECULATFIENS OF MOVEMENT, ` PUT FLASHING AND THE TIME LAPSE SEPATEN THE CHARLES IN INFORMATION _fEMR5R RT H OF ANY SIGN, BANNER PANTLAW, VALANCE. OR OTHER OUTDOOR ADVERTISING SIGN CONSTRUCTED Of Ln T LACO SIGNS H C ARDSONTO WELLBORN , PLYWOOD, SHEET WE TAL PAPER OR OTHER LIGHT MATERIALS CUT OR DATHOUT FORMS, INTENDED OR DESIONED70 BE iDS 'LA'IED FOR LAWTED TRICE ARE FIERNOTTED AND SORT SE IN COMPLI 'ITT" CHAPTER ED ARTKCE 0 i. SENFIDOEISDOOR Sk COMPLIANCE WTV ARTTCUE V' I SONS $HAUL NOT OBSTRUCT MORE„ T` AN CA PERCENT OF THE TAS MOST B WINOOL E GN SIG D g o S* A OR VA REA VOF:F�MREMISE I T PERMITTED ONLY FOR THE USE OF MUILLTENANI SIGNS NE MULCYENANTIOGN ON LOT 4, AS SHOWN ON 2 LAIGEO 0 ONE 0) NO&OlDIXANT SIGN ON NOIZAND O O ION SX3NS SHEET 2 5 - — — - — - identification, . ............ . .... --- ......... . .... .. ... .... .... . ......... ...... ...... . . .............. ... .... ...... . . ......... ... KIPLING RIDGE MASTER SIGN PLA SITE PLAN I 0' 2(r 4U sa r- U61M OC31 T -- M812 0831 y MR 31 .. ..... FS 4.1 w L 52 VVS41 AM 4 6 CULTURECISTONr IONATCH FACADE OFIVORNINGSTAR STUCCO 70MATCH F641 AND FS4,2 SURFACE AREA. 32 SF SINGLE TENANT FREESTANDING SIGN FS 1.1 SCALF, VA' I STOCK TONVNCH FACADE, OF SPRCVTS KIPLING RIDGE - FREESTANDING SIGNS LOT ACTUAL MAX TOaTMN N"Amf 11F1011 CENICA1'Lv SURFACE AREA ALLOWABLE SURFACE AREA PC TEN A - Wc5wT — :�9�Esi — CORNER IS TENANT -- -- ----- - - ------- NORTHEAST CORNER Or EAST I 10 00 EIS, 12Y on TH Iw q AD04TIONAL COMMENTS: I THE OVERAILHUGHT OF THFMUIAS-TENANT SKINVAA$ DETERMINED BY THE FOLLOVONOFAClORS , A MORE VERUCAL, f,*N REDUCED THE OVERALL FOORPONT AND AVOOS COMPE E NO WITH THE OVERALL DEOPLOPMEKTLANKLAC,ANNOPLAN AND PLACEMENT TO AVOM EAHEEFUH41" ACCESS POINTS AND ROOM ON 04 PARKING I ENREINSGONAIL PANELS ENSURE 'AREER ASPECT RATE FOR BRAARONC, ANC LOGO DEVON VIIPINLUN FOR ALL VJGTHIS AN T O F UURE TEN VINTS AND EASE OF CONSTRUSNON - THE: HEKHO OF THE BASE IN TO ENSURE THE TEXT 'XIPUVC ROAGE'D, STOKE WTH PROPOSED LANDSCAPING AT RARE OF THE LYNN ANDI T HREAT OF SNOW 80LO UP IT ALAN ARTS THE PRWARYPORGON CA THE SKIN OUT PC SPRAY FROM SPRINKLERS AND ADDS A LAYER OF PROTECTION FROM $%IOW REMOVAL, LANDSCAPING MARITENANCE AND OTHER � FEMS THAT COUE) POTENT ILLY DAMAGE SIGNS 2 THE MULn TENANT SIGNS F S 2 t AND FS 4 MAY ADVERT AS FOR f.wWYESSFIF LOCATED ON LOTS 1, 2 3 AND 4 3 FREESTANDING NFORMATIONAL SIGNS MAY OF ADDED AND LOCATK)NS UMN BE CKANGED WITHOUT AN CREATE TO THE MASTER SSAN PLAN A FOR T HE PURPOSE OF ILLAPORKOON THE MASTER SKRI ALAN SHOWS SPECIFIC SIGN COPY S*N COPY MAY BE CHA GEO SO LONG AS OIL FUTURE SKINAGE COMPS ES WTH APPLICASI.E STANCARDS SET FORTH A4 THIS COCUMENRANO N CHAPTER 2" ARTICLE MAY CHANGI WITHOUT All UPDATE 10 THE MAvTER DICH PLAN SO L11NO AS All FUTURE IRGNAGE COMPOES VAIN APPUCAKE ' STANDARDS SET FORTH N TKS DOCUMENT, AND IN CHAPTER 26 ARTCLE Vld 0 LEGEND 1yPE of WHO LOr# #OFSIGN FS 41 FS FREESTANDING IAGN AM AR VC MURAL VVS WALL SIGNS MR MERU BOARDS 1 08 ORDER CONFIRMATION BOARD SHEET NUMBER ------ ----- -11" PROPERTY ONE V` PA PATH a 1 0 a d alk um�r� m ISO Bm In LOT 4 - SPROUTS - SCALE T' - 1'-0' a 4' 8' 16 LEGEND "I'l-Ill"''I'll-I'l1-11,111-11I ------- -------- --- FS 4A Fs PRE STANDINOWON FOG VAL t SON' IM ARIMT MORAL. ME MENG BOARDS "a - ORDER GONFIRMATiON BOARD FUTURE WALL SGN PIACEHOLDER LOT 4 ACTUAL TAL MAX I�XVE FACADE _iACADE _iTREEDDRIVE ADJACENCY ON MOTH HIMOT BROTH OF BE ALLOWABLE BE PER VACAOV PER FACADE 41 RH: CIA Fr To$ ST Va 3 NORTH VIA__ 'iii LE, R GROVE MAJOR TNTERF)ki5R�_ z T"" IS I F F", -i iF , 5 %76 H AND, AT VdSiS EASY � � g 5 7 TV, 42 S it'. OF "OTIS � 27NRTO GS'Sj 150 j_ !�L�N E STR�i L A OFF L SE " A00471ONAL COMMENM STALL SON WO 41 ALONG I HESOUTH FACADE IS IN UEU OF 1ACNAGE ALONG I US WEST FACADE TO MIPROVE, VFFEFLNF TO THE MkIOR ARTERIAL. AND SE COMMUNICATE AND MARKET TO NORTHBOUND K4`LINU STREET CUSTOMERS DUE 10 SPEED OF TRAFFAG 2 ARG$OC NPURAL AM 4A CONS*TS OF PON VINYI, FILM WUH PARIS SCENE GRAPHICS P 0 ENHANCE AND SET THE FARMERS MARNE Y TONE, U ONES NOrADVERTFSE, OR PROW07, APARTNUF-AR M)SOESS SESAACE., OR PRODUCT PERARTACLE VdI WINDOW ANB DOOR MOUNTED MORALS W SUCH THAT TKE RERECTNO, QUALITIES OF SHALL BE INSTALLED ON THE CERIOR OF THE GLAZING A THE GLAZO4GARE PRESERVED AS PEOLFRED Of THE ARCHTECTURAL PRO SITE DESOP4 MANUS, -1 FUTURE TENANTS MAY APRIX A WALLOON ATCH A MAX SIZE OF T TO SF ALONG THE. WEST FACADE, AS LONG AS , THE PLACEMENT OF THO SIGN IS SS UtO OF THE SOUTH FACADE SIG NAGE OR VTCF VERSA WALL SKINS ARE, NOT PERMITTED ON 80'N THE SOUTH AND WEST FACADES REGARD OESS OF SIZE A. THE MAXIMUM SQUARE FOOTAGE ALLOWANCE FOR W&L SIGNS 0 EACH FACALE M OENTIFIED IN THE. THOLE ABOVE 5 SQUARE FOOTAGE MAY BE GAOTAECTED ANFONG MULTIPLE SD NS PER EACH ELEVATION AND MAY MOVE. ANYWHERE ON SAN FLOPS! ION $0 LONG AS THE MAX AREA IS NOT EXCEEDED, e FOR 7 E PURAOSE OF ILLUSTRATION, THE MASTER SIGN PLAN SHOVOC SPECIFIC TPGN COPY SIGN COPY MAY BE CHANGED SO LONGAS ALL FUTURE SKINIVA' COMPLIES ROH APPUCABLE STANDARD FORTH W THO 011CUMENT AND IN CHAPTER 26, ARITCLE VA 7 W TENANTS CTAANGE IN TH' , FUTURE, SIGN COPY MAYCHANrE WATKICT AN UPDATE 'TO THE. MASTER SOUIPLAN 60 LU NG ASAEI. FOTURE SIGNACE NOMPUESAITHAPPLOASLE STANDARDS SET FORTH 04 TKS DOCUMENT AND IN CHAPTER 26 RETOLD IA \,� SCALE 3132'= V-(O a 4* 6 16' PLING RIDGE MASTER SIGN PLM LOT 3 - STARBUCKS I Im im LV 1 0 1,'kM0V%,f\0 - r-MO I r-l- SCALE. XW - T- 0' U Z 4' Er 16 LOT 3 ' ;AMF FACADE F A CADE STREETIORIVE ADJACENCY SKEN SIGN ACTUAL TOTAL MAX WIDTH HEIGHT MOTH 8F SF ALLOWABLE BE PERFACADE PERFACADE _4VS A 3 ORTH W36TH #ATENUE 2 OF 34 SF 7 &F -- --------- -- 2757 W&F 7$F iii 2' � Tip 39 SF 50 OF WS iT �willllT­­_ Ci P ARItINC 7­ : 1 .7 18' 10 22 OF DO OF MSF INS34 WEST 36 VNTERIOR RARMNO' 4 Q` 7 SF'. LAST 11 KRUNG STREET 2 7 OF ?SF 20 OF �T -2, Mal 3 REST i i ir S I EA L ST 7 KWILiNG $TREAT V 2 7 0 NO I, ADDITIONAL COMMENTS, :,' iICsNAGE ON IFE WEST FACADE IS NEEDED DUE IOUS =ATK)NOVTR THE, EVAN ENTRY tNIO TFIE SULDS,K2, TO 38TH STREET, AND FOR VISIS' MAMMIZE VSE`DtTy TO EASTSOLNE TFOUFLESE PRIOR TO THE ENTRANCE FROM W M'O FROM THE WtERIOR PARK)NO SCOUDEN LO T 2 AND LOT 2 THE PROPOSED ORDER COUFMMATTON BOARD FALLS WON(N STARETUCKS RUIURESS MODEL OF ADVANCING FUTTURE CUSTOMER EARSHOT 0, GDE0 ORDERING ITUARDRALL BE SCREENED FROM NiE WGFC.OF.WAY ON LANDSCAPANr. i THE MAMMUM SQUARE FOOT AGE TALOWANCE, FOR WALL VORA ON EACH FACADE IS d>R�NoWfED IN THE TAKE ASGIR 4 SNUARE FOOTAGE MAV BE DISTRIBUTED AMONG MULCKE SIGNS PER EACH 14EVATKA4 ANN MAY MOW, ANYWHERE ON END ELEVAMON SO LONG AS THE MAX AREA ;6 NOT EXUrFOPO 5 FOR THE. PVRPOSE OF ELLIJISTRATR Go THE MASTER SICC4 PLAN SHOVAS' SPECR (C S*N(',OPY TOGN COPY MAYBE CHARGED go LONG AS ALL FUTURE VGRAGE COMPLIES 43 APKKe ARLF, STANDARDS SET FROTH IN THO DOCUMENT 0 ANN A4 C HAPTER 26, ARDCLE VS S W TENANTS CHANCE IN 7HE FUTURE, SIGN COPY MAY CHANGE WITHOUT AN UPDATE, TO 7 He MART, ER SPLN PLAN SO LONG AS ALL FUTURE SIGNORE COMPLIED WT K APPLICABLE STANDARDS SET FORT"'Si TNfS, UCOUMENT ANTI IN CHAPTER 26, ARUCLE LEGEND 7, -Tyrl, OF SIGN CO i p i or atom FS 4.1 FS FREE TANDINCSIGN AS` WALL AM Me , MPHU SOARSA 08 - ORTSE.S CONTlRMANON BOARD SURFACE AREA: 17 SF FREESTANDING MENU BOARD MB 3.2 SCALE OE' - I' By ---------- LO - STARBUCKS- SOUTH ELEVATION SCALE, 3148" = V- Cr 0 2' 4' 8 --------- ----- - ------- ... ... .. ... .... . ,j [ 3 - STARBUCKS - NORTH ELEVATION SCALE: 1 V- 0" a 2' 4' F LOT 3 -,STARBUCKS - WEST ELEVATION L T SIALE.�31W - l'- 0" a 2' 4' 8' 16 � � � City of " Wheat jdge COMM IT UNY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: January 15, 2015 CASE NO. & NAME: WV -14 -01 / WRHA ACTION REQUESTED: Request for vacation of any City interest in the land adjacent to, and potentially part of, the West 44` Avenue right -of -way and adjacent to 10803 W. 44' Avenue LOCATION OF REQUEST: Southern property line of 10803 W. 44' Avenue APPLICANT(S): Wheat Ridge Housing Authority PROPERTY OWNER(S): APPROXIMATE AREA: Wheat Ridge Housing Authority 6240.2 Square Feet (0.14 Acres) PRESENT ZONING: Commercial -One (C -1), Agricultural -One (A -1), Residential -Three (R -3) PRESENT LAND USE: Vacant historic school building COMPREHENSIVE PLAN: Neighborhood Commercial Corridor / Public ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Vacation Area Case No. WV- -14 -01 / WRHA All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WV -14 -01 is an application by the Wheat Ridge Housing Authority requesting vacation of any City interest in the land adjacent to, and potentially part of, the West 44th Avenue right -of -way and adjacent to the southern property line of Fruitdale School. The school is located at 10803 W. 44` Avenue (Exhibit 1, Aerial). The purpose of the request is to clarify the property's legal description which was originally written in the 1880s. The vacation, if approved, will help clear the title and allow sale of the property to a charter school operator. Section 26 -118 of the code establishes that right -of -way vacations can occur by ordinance upon review by the Planning Commission and City Council. II. EXISTING CONDITIONS Fruitdale School Background The property at 10803 W. 44` Avenue was originally donated to Jefferson County School District in 1883 for use as a school. When the original school building was destroyed by fire in 1926, the school was designed and rebuilt by noted Denver architect Temple Buell. The original two - story, red brick structure was completed in 1927, and two wings were added in the 1950s. The building was used as an elementary school until 1978 and as a preschool until 2007. The building has been vacant since 2007 when the Norma Anderson Preschool was opened on the property to the east. The Wheat Ridge Housing Authority (WRHA) purchased the building in 2011 to save it from demolition after the Jefferson County School District was unable to repurpose the building. Since then, WRHA has obtained grants from the State Historic Fund (SHF) to complete a structural assessment, preservation plan, and construction documents for critical restoration work. With assistance from Colorado Preservation Inc., Fruitdale School was listed on the National Register of Historic Places in 2013. The Authority has invested approximately $285,000 in the property including acquisition, site cleanup, a new roof, security and maintenance of the property, and in matching funds for SHF grants. Two to three million dollars are needed to address deficiencies and to repurpose the building. In 2013, WRHA commissioned a valuation and market assessment of the property to determine viable reuses for the property. This study indicated that a residential reuse of the building is not practical or economical; not surprisingly, it indicated that a school would be the most appropriate and viable reuse of the building. Based on this determination, the Authority solicited proposals for reuse through a Request for Information (RFI) process in 2014. Vacation Request As a result of the RFI, the Wheat Ridge Housing Authority is currently under contract to sell the Fruitdale School property to a public charter school operator. In preparing title work for the sale, a potential defect in the original 1883 legal description has been identified. Case No. WY -14 -01 / WRHA Based on the 1883 legal description, there is some confusion related to the southern property line that parallels W. 44th Avenue. Lot lines and right -of -way boundaries are supposed to coincide, but the original legal description leaves some question as to whether there may be a gap or overlap. This confusion creates a potential claim that approximately 31 feet of the Fruitdale property might have been subject to a dedication as right -of -way (Exhibit 1, Aerial). The City's official right -of -way maps do not identify this area as right -of -way, and it is not used in any way by the City as right -of -way. Research is ongoing to determine if or when the City or County may have previously vacated this land. Meanwhile, in order to help clear title to this area and to facilitate the Authority's sale of the property, it is requested that the Council act to vacate any interest in this area. III. RIGHT -OF -WAY VACATION CRITERIA Staff has provided an analysis of the right -of -way vacation criteria outlined in Section 26 -118.13 of the municipal code. Before a vacation can be approved, the following findings of fact shall be made: 1. That the proposed vacation will not leave any adjoining land without access to an established public right -of -way. The proposed vacation affects only the Fruitdale School property and will not impact access to the property. The vacation will confirm that the right -of -way and property lines are one and the same which will ensure access between W. 44` Avenue and the school. Staff concludes that this criterion has been met. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the transportation section of the current comprehensive plan of the City of Wheat Ridge. The City's official maps indicate that the W. 44` Avenue right -of -way ranges from 66 to 71 feet in width in this location. The right -of -way width encompasses all existing improvements. The vacation request does not subtract from this width and is consistent with the transportation considerations of the comprehensive plan. Staff concludes that this criterion has been met. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. There is no physical change proposed in association with the vacation. The request will not have a negative impact on infrastructure. Staff concludes that this criterion has been met. 4. That adequate easements have been reserved for use and /or maintenance by the city or other utility agencies. Case No. WV- -14 -01 / WRHA Adequate easements and right -of -way are in place to accommodate existing public improvements. No additional easements are required. Staff concludes that this criterion has been met. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: The Public Works Department has reviewed the legal description and exhibit associated with this request and has no concerns (Exhibit 2, Vacation Exhibit). VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed vacation will not leave any adjoining land without access to the public right -of -way. Staff further concludes that the vacation is in conformity with the most recently enacted goals and policies of the comprehensive plan and that the vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Finally, staff concludes that the vacation is a cleanup of conflicting legal descriptions and that no additional easements are needed to accommodate existing public improvements. The right -of -way vacation criteria have been met, and therefore staff recommends approval of the request. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WV- 14 -01, a request for vacation of any City interest in the land adjacent to, and potentially part of, the West 44th Avenue right -of -way and adjacent to 10803 W. 44th Avenue, for the following reasons: 1. The proposed vacation will not leave any adjoining land without access to an established public right -of -way. 2. The proposed vacation is in conformity with the most recently enacted goals and policies of the transportation section of the current comprehensive plan of the City of Wheat Ridge. 3. The proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. The proposed vacation clarifies conflicting legal descriptions and facilitates the redevelopment of a vacant building." Option B• "I move to recommend DENIAL of Case No. WV- 14 -01, a request for vacation of any city interested in the land adjacent to, and potentially part of, the West 44th Avenue right -of -way and adjacent to 10803 W. 44th Avenue, for the following reasons: 1 . ... Case No. WV -14 -01 / WRHA EXHIBIT 1: AERIAL In the image below, the red lines indicate the right -of -way lines based on the City's official right -of- way maps. The area that is subject to this vacation request is the 31 feet north of the right -of -way line outlined in yellow. This area is not used in any way by the City as right -of -way and is outside of any potential for such use. The vacation will confirm that the area in yellow is definitively not right -of- way and is in fact part of the Fruitdale School property which is outlined in blue. Fruitdale School Property Area Subject to Vacation Request Right -of -Way Line (Based on City's official ROW maps) Case No. WV -14 -01 / WRHA EXHIBIT 2: VACATION EXHIBIT Property description for vacation area: A portion of the North One -half of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado more particularly described as follows: Beginning at a point on the North Line of that certain property described in Reception No. 86049897 being the North Right -Of -Way Line of West 44th Avenue, said point also lying 642.56 feet North of the Center of Section on the North -South Centerline of said Section 21; Thence N 89 °59 W along said North Right -Of -Way Line, a distance of 99.00 feet to the Southerly extension of the Westerly Line of that certain property described in Book 9, Page 451, Thence N 00 °18'28" W along said Southerly extension of the Westerly Line, a distance of 30.88 feet to the Southwest Comer of said property; Thence N 89 °41'32" E along the South Line of said property, a distance of 99.00 feet to a point on said South Line also being a point on the said North -South Centerline of said Section 21, Thence N 89 1 41'32" E continuing along said South Line, a distance of 99.00 feet to the Southeast Comer of said property; Thence S 00°1828" E along the Southerly extension of the Easterly Line of said property, a distance of 32.33 feet to a point on said North Right -Of -Way Line of said West 44th Avenue; Thence N 89 °46'59" W along said North Right -Of- Way Line, a distance of 99.00 feet to the Point Of Beginning and containing 6240.2 square feet or 0.14 acres more or less. Basis of bearings: The Basis of Bearings for the above described parcel of land platted on Fruitdale Patio Homes to be N 00 °09'23" W from the East 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M to the Northeast Comer of said Section, said East 1/4 being a 3 1.4" brass cap and post set in range box stamped LS 13212 per monument record and the NE Comer being stamped 13212 1984 per the monument record. Case No. ;VV- -14 -01 / WRHA 6