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HomeMy WebLinkAboutResolution-1996-1564 11/19/9& 1&:33:12 J. rFAX 4.E1E1->CITV DF WHEAT RIDGE ,tFAX PdgC E1E12 RESOLUTION 1564 BEFORE THE CITY COUNCIL, CITY OF WHEAT RIDGE, STATE OF COLORADO CASE NO. WZ-96-10 IN RE THE APPLICATION OF DWAINE RICHTER FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND PLAT FOR THE 70 WEST BUSINESS CENTER - PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 12851 WEST 32ND AVENUE FINDINGS AND DECISION This matter coming on for hearing upon the application of Dwaine Richter for approval of a Final Development Plan and Plat for the 70 West Business Center - Planned Commercial Development located at 12851 West 32nd Avenue (hereinafter the" Application"I, the Wheat Ridge City Council, acting pursuant to Wheat Ridge Code of Laws !i 26-25, adopts the following findings and decision: 1. The Application was filed on July 9,1996. On September 18,1996, the Wheat Ridge Planning Commission held a public hearing on the Application. That hearing was continued to October 3, 1996, at which time the Planning Commission voted to recommend approval of the Application, with conditions. 2. The public notices required by law having been published, and the public hearing having been conducted, the City Council has jurisdiction to hear and decide the case. 3. On October 28,1996, the City Council held a public hearing on the Application. Evidence was taken in the form of documents and testimony from the applicant, City staff, and from other witnesses, including a number of homeowners in the immediate vicinity of the proposed development. 4. On October 28,1996, atthe conclusion of the public hearing on the Application, the City Council voted to deny the Application and to direct that findings be prepared in support of that action for their consideration. 5. The City Council hereby enters its findings and decision denying the Application by Dwaine Richter for approval of a Final Development Plan and Plat for the 70 West Business Center - Planned Commercial Development located at 12851 West 32nd Avenue, for the following reasons: a. The uses proposed for areas C and D on the proposed Final Plan and Plat are not sufficiently defined as required by Wheat Ridge Code of Laws !i 26-25(V)(B)(3)(1), and are also not sufficiently specific so as to insure compatibility with adjacent land uses, as required by Wheat Ridge Code of Laws, 26-25(11}. GEOI53027\1C97Cl.l 11/19/9& 1&:33:49 TFAX 4.BB-)CITY DF WHEAT RIDGE ItFAX Page BB3 b. The potential uses for Area E are so unspecific as to prevent meaningful review of the compatibility of the development with adjacent land uses, as required by Wheat Ridge Code of laws !i 26-25(1IIlA). c. The absence of a ten-foot high screen wall or other appropriate buffering device extending north from the existing screen wall to connect with the existing east-west screen wall around Area E contributes to the incompatibility of the development with adjacent residential uses. d. The proposed use of Area D for twenty-four hour businesses, including a fast food restaurant and twenty-four hour automobile service station, renders those areas incompatible with adjacent residential uses, as required by Wheat Ridge Code of laws, 26-25(11) and (lVllA). e. The height and location of signs such that additional light will be shed on established residential neighborhoods to the west, render the Application incompatible with those adjacent uses, as required by Wheat Ridge Code of laws, 26-25(11), and does not comply with the Wheat Ridge Sign Code at !i 26-41 O(e), regarding height of freestanding signs. f. The proposed development of a commercial building on the portion of Area C, shown as lot 5 and containing 1,250 square feet for such uses is incompatible with the residential uses immediately to the west, and, in addition, relies upon a design which places the required parking for such commercial uses within use Area C, designated n a buffer and landscape area. n Such areas may not be devoted to such uses. This renders that aspect of the Application inconsistent with Wheat Ridge Code of laws !i 26-25(1IIlEIl7). g. The areas and dimensions of portions ofthe subject property devoted to individual uses have changed significantly since approval of the Outline Development Plan in 1975, such that the assumptions relied upon in granting Outline Development Plan approval may no longer be valid. h. The Application fails to adequately mitigate the overall intrusive impacts of the proposed development, including light, odor and noise. I. Based upon testimony in the record, the Application as filed does not comply with the standards established at Wheat Ridge Code of laws !i 26-25(11). WHEREFORE, the Application is denied for the reasons set forth above. ADOPTED by the City Council of the City of Wheat Ridge, this 2 day of November, 1996, by a vote of in favor and against. * Mayor did not sign this Resolution DAN WilDE. MAYOR GE0153021\1697S1,1 -2- 11/19/~b lb:34:2B fFAX 4.BB->CITY OF WHEAT RIDGE ItFAX Page BB4 ATTEST: WANDA SANG, CITY CLERK GED\63027\169761.1 w~- . d~~~ ~~.J~ j~~~. Aurvv~ ~~ ~O'--T , > ~ -3-