Loading...
HomeMy WebLinkAbout10/20/2011City of ] at Edge PLANNING COMMISSION AGENDA October 20, 2011 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on October 20, 2011, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — October 6, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARINGS A. Case No. MS- 11 -03 An application filed by David Myers for Metro Community Provider Network for approval a final plat with right -of -way dedications for property zoned Planned Commercial Development (PCD) and located at 7495 W. 29 Avenue. B. Case No. MS -11 -04 (to be continued to November 3.2011) An application filed by Mike Pharo for RV America for a 2 -lot minor subdivision plat with right -of -way dedications on property zoned Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) and located at 11808 West 44th Avenue. C. Case No. ZOA- 11 -04 An ordinance amending Chapter 26 concerning regulation of massage therapy and massage parlors. 8. ADJOURNMENT ,I1( City of i�9 Wheat �ge PLANNING COMMISSION Minutes of Meeting October 6, 2011 1. 2. 91 4. 5. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 "' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Alan Bucknam Tracy Guildner Dick Matthews Scott Ohm George Pond Steve Timms Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Marc Dietrick Meredith Reckert, Sr. Planner Lauren Mikulak, Planner I Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner MATTHEWS to approve the order of the agenda. The motion carried 6 -0. APPROVAL OF MINUTES — September 15, 2011 Commissioner POND requested an amendment to the minutes on page 7 to include comments made by Commissioner BRINKMAN after the motion. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of September 15, 2011 as amended. The motion carried 6 -0. (It was later discovered that these comments were already included on page 6.) Planning Commission Minutes 1 October 6, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) 7. PUBLIC HEARINGS A. Case No. WZ- 11 -06 An application filed by Atecs for T- Mobile for approval of an amended Outline and Final Development Plan for property zoned Planned Industrial Development located in the L &K Industrial Park, including property addressed as 10700 West 50 Avenue. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons, and with conditions, outlined in the staff report. In response to questions from Commissioners TIMMS and POND, Ms. Reckert stated that the nearest CMRS tower, located approximately west of the subject site on Van Gordon, is currently nonconforming and is 150 feet in height. The city code does not contain spacing requirements for cell towers. There are restrictions for setbacks and requirements for screening. Steve Warner T- Mobile Representative Mr. Warner entered maps into the record showing coverage before and after installation of the proposed tower. Commissioner TIMMS asked if a 50' tower would accommodate three providers. Mr. Warner said it would depend on the carrier and its coverage objectives. It is possible there could be two additional carriers, but it would be more likely to have only one additional. Commissioner TIMMS asked the applicant if he would be agreeable to one freestanding CMRS tower per lot. Mr. Warner stated that this question would need to be answered by the owner of the property. He did comment that locations too close to each other could present interference problems. Chair Bucknam asked for further public comment. Hearing no response, he closed the public hearing. Commissioner TIMMS suggested a condition allowing one CMRS tower per lot. It was moved by Commissioner OHM and seconded by Commissioner GUILDNER to recommend approval of Case No. WZ- 11 -06, a request for approval of an amended Outline and Final Development Plan for property zoned Planned Industrial Development located in the L &K Industrial Park, Planning Commission Minutes 2 October 6 2011 including property addressed as 10700 West 50 Avenue for the following reasons: 1. Both the Kipling/I -70 Urban Renewal Plan and Envision Wheat Ridge support the amendment. 2. The evaluation criteria used to evaluate a zone change supports the request. With the following conditions: 1. Minor language and typographical errors be corrected prior to the City Council public hearing. 2. A note be added indicating that CMRS equipment shall be screened with split -face block wall to an 8 -foot height. - 3. One CMRS tower up to 50 feet in height be allowed per property parcel. The motion carried 6 -0. B. Case No. WZ- 11 -07 An application filed by William Last for approval of a zone change from Commercial -One (C -1) to Mixed Use - Commercial (MU -C) for property located at 4565 Kipling Street. Commissioner MATTHEWS disclosed that the subject property is located directly north of his office. He stated there has been no ex parte contact and he has no financial interest in the property. He further stated that he believed he could act on this matter in an unbiased fashion. It was moved by Commissioner OHM and seconded by Commissioner POND that Commissioner MATTHEWS be recused from hearing the case. The motion failed 5 -1 with Commissioner MATTHEWS voting in favor of the motion. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. Staff recommended a condition that a 30 -foot right -of -way reservation be established along the Kipling Street frontage. William Last Mr. Last, the applicant, stated that he has placed an offer on the property subject to zoning approval. He plans to build a storage facility on the property. He stated he has 20 years experience in the storage facility business. His plans would allow the residence on Lee Street addressed as 4471 Kipling to use the driveway. Planning Commission Minutes 3 October 6, 2011 In response to a question from Commissioner TIMMS, Ms. Mikulak provided photos of other facilities operated by Mr. Last for the Commission's examination. Mr. Last stated that exterior doors would not face Kipling. In response to a question from Commissioner MATTHEWS, Ms. Mikulak explained transparency standards for mixed use zones. There is a requirement of 40% transparency for facades facing a main street and 25% for other facades facing public space. In this case, only the Kipling fagade would be affected. Commissioner GUILDNER expressed concern about the high crime rate in the area. Mr. Last explained that there would be a security gate entrance with limited hours and an on -site manager with security camera surveillance. Units would have coded door openers instead of padlocks that can be easily cut. In response to a question from Commissioner TIMMS, Ms. Mikulak explained that residential units are not required in mixed use districts. In response to questions from Commissioner POND, Mr. Last stated that he is somewhat aware of the City's architectural standards and found no issues that would affect his proposed building. The entire building is planned to be two stories in height with all upstairs units having interior access. The first floor would also have some interior access. There would be approximately 150 units total. Commissioner TIMMS asked what zone districts allow mini - storage as use by right. Ms. Reckert explained they are allowed in industrial and planned commercial development. Mr. Last had the options to rezone to mixed use and request a conditional use permit or rezone to planned development. Chair BUCKNAM asked to hear from members of the public. Maurice Fox 4465 Kipling Mr. Fox stated that he is co -owner of the property to the south of subject property. He expressed opposition to the rezone due to the danger it would present to citizens north of property as there are many children in the area. Further, there cannot be adequate roadways into and out of the property. He did not believe the proposed use is in conformance with the City's vision. He intends to file an official protest which will require a'/ majority vote of City Council for approval. Larry Fike 4465 Kipling Mr. Fike stated that he is co -owner of property at 4465 Kipling with Mr. Fox. He expressed concern about parking and whether there would be sufficient dumpster space for people moving out of the units. He asked if there would be a fence on Planning Commission Minutes 4 October 6; 2011 the south side of the property to prevent people from driving through his property to access the storage units. Karen Joos 4452 Lee Street Ms. Joos asked if the proposed storage facility would have access from Lee Street. She also expressed concern about moving trucks accessing the property from Kipling because of heavy amount of traffic the street carries. She was also concerned about crime and possible break -ins to the storage units. Ms. Reckert explained that access to the proposed facility would not be allowed from Lee Street. Ms. Mikulak explained that any use on this property would have to- undergo a site plan review which would include a traffic study. The police department would also be involved in review of the use. Chair BUCKNAM asked for further public comment. Hearing no response, he closed public hearing. Commissioner TIMMS asked about the vacant property across Kipling to the east. Ms. Mikulak explained that the property is designated as commercial node. William Last returned to podium. In response to questions from Commissioner POND, Mr. Last stated there would be a fence line along the south side of the property leaving a 10 -foot easement for a drive on the south side of the fence. He explained there would be dumpsters on site. Customers want to park very close to their storage unit so they don't have to carry items any further than necessary. People would not be able to access the storage area from the 4465 Kipling property. In response to questions from Commissioner BUCKNAM, Mr. Last stated that a pick -up truck is the average vehicle that brings contents to the storage unit. Perhaps 10% of the vehicles would be u -haul type trucks. Commissioner MATTHEWS commented that he likes the mixed use zoning and extensive work has been done to create it. The property has been an eyesore for many years and he would like to see it improved; however, he stated he would vote for denial because he did not believe the zone change criteria has been met in this case. Commissioner GUILDNER stated that she would also vote against the application. She did not believe this is the place for public storage. Planning Commission Minutes 5 October 6, 2011 Ms. Reckert reminded the Commission that the focus of this case is on the zoning. Even if mixed use zoning is approved, the proposed public storage would then need to meet the conditional use criteria. Commissioner TIMMS agreed that the site has been derelict for decades and the city has worked extensively to create a mixed use zone district which is a good thing. However, with potential redevelopment across Kipling and the priority of the interchange there, and with the property having a zoning of Commercial -One which is the most permissive commercial district in the city, he was not sure that mixed use was the best zoning for this piece of property. Since mini - storage is typically an industrial use, he expressed concern about introducing industrial use into this area and would therefore vote for denial. Commissioner OHM commented that the neighbors have indicated -they would like to see more screening which is in contradiction to the mixed use zone district for reduced landscaping and indicated that he would also vote for denial. Commissioner BUCKNAM stated that with residential on one side, commercial on the other and a large undeveloped property across the street, he believed there was a case for mixed use zoning on this property and would vote in favor of the rezone. It was moved by Commissioner GUILDNER and seconded by Commissioner MATTHEWS to recommend denial of Case No. WZ- 11 -07, a request for approval of a zone change from Commercial One to Mixed Use Commercial for property located at 4565 Kipling Street for the following reasons: 1. The traffic 2. The neighborhood 3. The crime rate The motion for denial carried 4 -2 with Commissioners BUCKNAM and POND voting no. Note: The reasons for denial were not elaborated upon during the motion, but refer to the discussion during the public hearing. Traffic concerns related to the high amount of traffic already existing on Kipling, and the possibility that redevelopment would contribute additional traffic volume. Concerns related to crime and neighborhood are based on the pattern of crime already present in the I- 70 and Kipling area and the possibility that redevelopment (particularly a mini - storage facility) may contribute to crime rates and detract from the neighborhood. 8. OTHER • Commissioner TIMMS asked staff to check for possible code violations on property located at the corner of 50"' and Oak. Planning Commission Minutes 6 October 6, 2011 • Ms. Reckert reminded Commissioners that the City Council public hearing on the 38 Avenue Sub -Area Plan will take place Monday, October 10. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to adjourn the meeting at 8:45 p.m. The motion carried 6 -0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 7 October 6 2011 City of Wheat f dge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: October 20, 2011 CASE MANAGER: M. Reckert CASE NO. & NAME: MS- 11- 03/Metro Community Providers Network (MCPN) /Jeffco . Family Health Services Clinic (JFHSC) ACTION REQUESTED: Approval of a final plat with right -of -way dedications LOCATION OF REQUEST: 7495 W. 29 th Avenue APPROXIMATE AREA: 4.6 acres PRESENT ZONING: Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Neighborhood Buffer Area ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE Planning Commission MS- I 1- 03/MCPN /JFHSC CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a final plat with dedications on property zoned Planned Commercial Development (PCD) located at 7495 W. 29` Avenue. Because the plat approval includes right -of -way dedications, Planning Commission will be providing a recommendation to City Council. (Exhibit 1, Applicant request) II. EXISTING CONDITIONSIPROPERTY HISTORY The property in question is zoned Planned Commercial Development. It is comprised of 4.6 acres of land area and has street frontages on three sides: W. 29 Avenue on the south, Wadsworth Blvd. on the west and the interior curve of the intersection of W. 30` Avenue and Webster at the northeast corner of the property. An unbuilt half width of right -of -way for W. 30 Avenue abuts the property on the north. The site is currently vacant with the exception of a water well pump house and parking lot. About four dozen mature trees are scattered throughout the site; there are numerous species in varying conditions of health. A fence and landscape buffer separates the property from the residential neighborhood to the east. The property was rezoned from R -2 to Planned Commercial Development pursuant to Case No. WZ- 05-10. The approved ODP document was heavily conditioned with items pertaining to use areas and maintenance of the then existing structures. A subsequent Specific ODP for construction of a restaurant, retail and office was approved pursuant to Case No. WZ -08 -01 but was never built. In 2011, an amended Specific ODP was approved to allow construction of an approximate 46,000 square foot medical clinic. (Exhibit 2, approved ODP) Adjacent zoning and land use The property is surrounded by a variety of land uses. To the north and east are residential neighborhoods zoned R -lA and R -2. Immediately to the south is property owned by the City of Wheat Ridge; it is zoned R -2 but includes City Hall, the Police Department, and Hayward Park. To the west across Wadsworth is the Olinger Crown Hill Mortuary and Cemetery; this property is outside of the boundary of the City of Wheat Ridge in unincorporated Jefferson County. III. PROPOSED PLAT DOCUMENT The applicant has submitted a one page plat document in anticipation of development of the site. (Exhibit 3, plat document) Right of way dedications occur for both Wadsworth (20') and West 29"' Avenue (varying from 19' to 6' for the eastern portion of the street). A piece of right -of -way measuring 25' x 70.42' is being dedicated for the 30 Avenue/Webster intersection interior curve. Planning Commission 2 MS- 11- 03/MCPN /JFHSC A 30' right -of —way reservation is occurring for the future widening of Wadsworth. A 10' easement for detached sidewalk is also being dedicated by this document. Construction of the sidewalk will occur with the permit for the medical building. A 25' wide access easement will extend from the curb cut on the north end of Wadsworth through the site south to 29th Avenue which will accommodate the primary drive aisle through the site. It has been indicated that Wheat Ridge Fire Protection District needs a modification to the alignment shown and this will be made a condition of approval for the recommended motion. To ensure free movement through all drive aisles and parking areas, Staff is recommending the City's standard blanket cross access language be included, in lieu of a 25' wide specific easement. A drainage easement occurs in the southeast corner of the site to accommodate the stormwater detention/water quality pond. Requirement for Public Improvements When a subdivision is submitted to the city for review and approval, one of the assessments that occur by the Public Works Department is whether the streets abutting the proposed subdivision meet the city standards for width and whether the construction of public improvements will be required. For new subdivisions, if Public Works concludes that the public improvements should be installed now, a subdivision improvement agreement with a letter of credit for 125% of the cost of the improvements is required, as well as civil design documents detailing the construction. Construction of the public improvements would occur prior to the lots being developed. If it is determined that public improvements are not suitable for construction at this time, a development agreement with an escrow of funds for cost of the improvements is required for future installation. If street construction does not occur within ten years, the funds are released back to the property owner. Another option when future development is somewhat speculative is the execution of a development covenant. This is a document which is recorded requiring the future owner to build public improvements at the time of property development but financial guarantees are not required. In this situation, an SIA is being required with financial guarantee being provided by the developer /owner. IV. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water: Can serve the property with needed improvements at the developer's expense. Xcel Energy: Can serve. Their standard easement language has been included in the "general notes" section of the document. Wheat Ridge Sanitation District: Can serve the property by an 8" sewer main in W. 29 Avenue. Line upgrades and new taps will be the responsibility of the developer. Planning Commission 3 MS- 11- 03/MCPN /JFHSC Wheat Ridge Fire: Can serve. Wheat Ridge Public Works: Suggested language regarding the 30' right -of -way dedication for Wadsworth and detention easement language has been included under "general notes ". V. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the subdivision meets the requirements of Article IV of the zoning and development code. Staff further concludes that the proposed plat will accommodate the new development scenario for the property. For these reasons, a recommendation of Approval is given for Case No. MS- 11 -03. VI. SUGGESTED MOTIONS:' Option A: "I move to recommend APPROVAL of Case No. MS-- 11 -03, a request for approval of a final plat for property located at 7495 West 29`" Avenue, for the following reasons: 1. All requirements of Article IC of the zoning and development code have been met. 2. It will accommodate the new development scenario for the property. With the following conditions: 1. A Subdivision Improvements Agreement with financial guarantees will be required at the time of plat recording. 2. The 25' wide emergency access easement through the site be eliminated and replaced with a blanket cross access easement. 3. The City's standard language for blanket cross access be added." Option B: "I move to recommend DENIAL of Case No. MS-- 11 -03, a request for approval of a final plat for property located at 7495 West 29th Avenue, for the following reasons: 2." Planning Commission 4 MS- 11- 03/MCPN /JFHSC ENGINEERS z SURVEYORS C7 August 18, 2011 City of Wheat Ridge Development and Zoning Attn: Meredith Reckert 7500 W 29 Ave Wheat Ridge, CO 80033 Re: MCPN Minor Subdivision 7495 West 29 Ave, Wheat Ridge CO Ms. Reckert: On behalf of Metro Community Provider Network (MCPN), R &R Engineers - Surveyors, Inc. is pleased to submit this Minor Subdivision application. The subject site, 7495 W 29 Ave, is a vacant 4.6 acre parcel located at the northeast corner of 29 Ave and Wadsworth Blvd. The site is being platted to support development of an approximately 48,000 square foot health services clinic. Access to the site will be provided by a full movement access on 29 Ave, and a three quarter movement on Wadsworth Blvd. Per City and CDOT request, 0.445 acres of Right -of -Way are proposed to be dedicated by this plat. An additional 30 foot width Right -of -Way Reservation is provided along Wadsworth Blvd for future CDOT purchase for Wadsworth widening. An Outline Development Plan is current processing through City review for the proposed development. If you should have any questions regarding this request, please do not hesitate to contact me directly at the number listed below. We look forward to working with you. Sincerely, David Meyer R &R Engineers - Surveyors, Inc. 710 W. COLFAX AVENUE DENVER, COLORADO 80204 EXHIBIT 1 z pR��ys99�� � c� �4 �, -- 0 i-r w LLI W --- 11111 ----------------- I t � � ii � co r - - - - --- - - - - - - -- - - - - - - - - 3nN3Av KoE isw - - - - 7 - SDNIMO JOSISVO HI Alt " 0 - 19 =,, P LAT IN THE CITY OF WHEATRIDGE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, POINT OF COMMENCEMENT CITY OF WHEAT RIDGE POINT #16709 CENTER 1/4, SEC. 26, T.3S., R.69W., 6th P.M., FOUND 4" BRASS CAP IN RANGE BOX STAMPED "LS 13212" CITY OF WHEAT RIDGE DATUM GROUND COORDINATES NORTHING: 703168.57 EASTING: 118458.25 LATITUDE: 39'45'43.48892" LONGITUDE: 105'04'53.17227" CITY 0 WHEAT RIDGE DATUM GROUND COORDINATES NORTHING: 702508.18 EASTING: 118492.00 1 1 I e I F a i i e � F 6 s 0 0 CITY OF WHEAT RIDGE POINT #16781 SOUTH 1/4, SEC. 26, T.3S., R.69W., 6th P.M., FOUND 4" BRASS CAP IN RANGE BOX ILLEGIBLE CITY OF WHEAT RIDGE DATUM GROUND COORDINATES NORTHING: 700524.46 EASTING: 118473.27 LATITUDE: 39'45'17.36409" LONGITUDE: 105'04'53.13590" \I ��, CITY OF WHEA RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO \ 5233 EASEMENT LINE TABLE \,7 ,, LINE BEARING DISTANCE g L1 N89 °40 28' E 9.98' 1 L2 S00 °19 32 "E 7.00 L3 S89 °40 28 'W 9.99 OWNER'S CERTIFICATE: WE, METRO COMMUNITY PROVIDER NETWORK, BEING THE OWNERS OF REAL PROPERTY CONTAINING 4.601 ACRES DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, STATE OF COLORADO, BEING THE WEST 1/2 OF LOT 3, BLOCK 1, BARTH'S SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION; THENCE SOUTH 02 DEGREES 55 MINUTES 34 SECONDS EAST, 661.25 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WADSWORTH BOULEVARD, WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 19 MINUTES 32 SECONDS EAST ALONG SAID RIGHT OF WAY LINE 635.80 FEET TO A POINT ON THE NORTH RIGHT =OF -WAY LINE OF WEST 29th AVENUE; THENCE NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, ALONG SAID NORTH RIGHT -OF -WAY LINE, 315.06 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 56 SECONDS WEST, 635.39 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF WEST 30th AVENUE; THENCE SOUTH 89 DEGREES 54 MINUTES 45 SECONDS WEST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, 315.54 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 200,403 SQUARE FEET OR 4.601 ACRES MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF MCPN WHEAT RIDGE, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT -OF -WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR II ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. 1-1/4" PLASTIC CAP FOUND MAD AMP (25' R.O.W.) \ °PIPE i t D N � 466`S W �'�'• v \ I a ZONE R -2 `\ J ZONE R -1A y 3 rn I \ ( f ft a vei C7) LOT 25 WEBSTER GLEN \ \� LOT 24 v° w ; SUBDIVISION \ v N POINT OF ` \` BEGINNING FO -' UND BEST 30th AalENUE N c� Z < � N CD w O U) M CN Uj 6 -' I °° M � W 1 19 � o o v iA a; =81.07' L= 22.63' C=N00'06'25 "E I L= 80.21' I w co I I A= 29'01'52" I 1 1 ' R= 150.00' i �n n ` I A= 76.00' iii C= NDD'06'25 "E I z° - -§ I L= 75.19' I J i I A= 14'04'59" 1 R= 290.00' I , i- A- 71.28' C= 507*22'07 "E I CK I I L= 71.10' I I = T r I II 6= 74'04'59" 1 a } R= 300.00' ( LOT 5 ; m A= 73.74' cc g w° C= S07*22'01 "E " 1 o a �44 L= 71.10' w' N U 1 1 c N i 1 m n Co 20.00' .nI olz�M°Ico -- - --�' N N 0 N M Q I N 9 g7 1 0 1W 0 N M. ©�. W I O M pI = Z L LOT 4 z 1 co OR 1 w LOT 1, BLOCK 1 to r- I m WEBSTER GROVE w f Q - SUBDIVISION W Li Ca/ w gg 180,994 SQ. FT. I ( ° o ° ¢ Y i 4.155 AC. ZONE R -1A a M 3 ¢ i I N89 °41'39 "E ° N L3 w i 22.78' o M C3 01 I A =84'26'09" C5 6/ o 3 I I R=25.00' o I A= 36.84' Z I C. =N42 °31'25 "W ( 10' SIDEWALK L= 33.60' EASEMENT 1 ( p= 68'23'50" r ') HEREBY DEDICATED R 4.50' - B`Y THIS PLAT \ LOT 3 A -5.37' U) a - I _ C= S31'43'20 "E U) `n 5 569'47'36 "E '°• L =55.92' ! p= 69'29'1' 15.50' o ' co I n R= 25.00'' --� �� \ ° 1 A= 30.32' \ c y ,0 6`. \ C= N35'02'58 "W /// J u g "6 0 R� , L= 28.50' 4.03' \ \sS r c . _ o ° o PART OF DRAINAGE EASEMENT ^� n A= 91'05'25" I'� o . R= 25.00' vj /q o�y 30 FOOT R.O.W. RESERVATION A= 39.75' I•- `�' ° ol SEE NOTE 5 C =S24'1 a'S3 "E .V gg L= 35.69' i ^ /oT PART OF I °�/ DRAINAGE p= 27'36'10 / EASEMENT s M) R= 75.00' I 1 a.. LOT 2 A= 28.28' 00 N C= N10'29'44 "E L =28.7 1' p =27'37'38" 1 I hR= 50.00' A =18.87' bo) I C= N70'29'D1 "E o p' ID ! io L= 18.76' Z. 100 I�oi LOT I I DRAINAGE EASEMENT o o ' 3 16,874 SO. FT. 1 00 HEREBY DEDICATED 1 1 m BY THIS PLAT CITY OF WHEAT RIDGE POINT #PHAC1 ! Ln 1 o CITY OF WHEAT RIDGE DATUM RIGHT -OF -WAY HEREBY I z GROUND COORDINATES ORTHING 701687 91 GENERAL NOTES VICINI SCALE: 1" = 500' 1. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUE 18 -4 -508, C.R.S. 2. SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR. 3. CITY OF WHEAT RIDGE DATUM SPECIFICATIONS: a. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND -BASED MODIFIED FORM OF THE NAD83 /92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. b. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75, EASTING: 3118217.58, ELEVATION: 5471.62. 4. THE BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26, BEING MONUMENTED ON THE NORTH END BY A 4" BRASS CAP IN RANGE BOX STAMPED "LS 13212" AND ON THE SOUTH END BY A 4" BRASS CAP IN RANGE BOX, ILLEGIBLE, AND HAVING A BEARING OF SOUTH 00 DEGREES 19 MINUTES 32 SECONDS EAST PER CITY OF WHEAT RIDGE HORIZONTAL AND VERTICAL CONTROL BASE MAP. 5. THE AREA SHOWN HEREIN AS, "30 FOOT R.O.W. RESERVATION ", IS HEREBY RESERVED FOR THE FUTURE REALIGNMENT OF WADSWORTH BOULEVARD. NO PERMANENT STRUCTURE SHALL BE ALLOWED WITHIN SAID RESERVATION AREA. THE OWNER OF LOT I, BLOCK I SHALL RETAIN THE RIGHT TO USE SAID RESERVATION AREA UNTIL SUCH TIME AS THE WADSWORTH BOULEVARD REALIGNMENT COMMENCES. AT THE TIME OF COMMENCEMENT OF SAID WADSWORTH REALIGNMENT, UPON REQUEST THE RESERVATION AREA SHALL BE ACQUIRED AT FAIR MARKET VALUE AND THE LAND TITLE CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION OR THE CITY OF WHEAT RIDGE. 6. PER COLORADO REVISED STATUTES SEC. 38 -51 -106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 7. MINIMUM TEN -FOOT (10') WIDE DRY UTILITY EASEMENTS ARE HEREBY DEDICATED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS, AND AROUND THE PERIMETER OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA INCLUDING LOTS. TRACTS. PARCELS AND /OR OPEN SPACE AREAS. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, AND TELECOMMUNICATIONS FACILITIES (DRY UTILITIES). UTILITY EASEMENTS SHALL ALSO BE GRANTED WITHIN ANY COMMON AREAS, ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. 8. THE STORMWATER DETENTION AREA SHOWN HEREIN AS A "DRAINAGE EASEMENT" SHALL BE MAINTAINED BY THE OWNERS OF LOT 1, BLOCK 1, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ACCESS DRAINAGE FACILITIES AND ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE DRAINAGE EASEMENT, AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. 9. THE SUBLECT PARCEL IS ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD). STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC --STD- 007.2 - 1998). SURVEY CERTIFICATE MAYOR LEGEND O FOUND SURVEY CONTROL SUBDIVISION LINE MONUMENT AS NOTED LOT LINE SET #5 REBAR W/ RED PLASTIC CAP STAMPED "R &R ENGINEERS SURVEYORS PLS 28283" C1 I DEDICATED BY THIS PLAT I N Cg 1 ( EASTING: 119004.18 0' 40' 80' 120' 8 L.C2 25.00' 15.2 ' s nn' N89 °50'18 "E 233.94' LATITUDE: 39'45'28.83495" s 7.52' I LONGITUDE: 105'04'46.7.7095" SCALE. 1 = 4 0 i BY: DAVID S. MYER5, CEO, MCPN STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON } THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OR , A.D. 2011 BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC PLANNING COLAMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON R&R ENGINEERS - SURVEYORS, INC. 710 WEST COLFAX AVENUE DENVER, COLORADO 80204 PH 303 - 753 -6730 FX 303`-753 -6568 RRENGINEERS.COM Drawn By: JEL Checked By: RAR File No. BA11019 -FP Dale: July 13, 2011 CITY CERTIFICATION APPROVED THIS DAY OF BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS RIGHT -OF -WAY LINE ADJOINING LOT LINE EASEMENT LINE - - UAJ WZ -05 -01 WZ -08 -01 WZ -11 -04 MS -11 -03 I, ROBERT A. RICKARD DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MCPN WHEAT RIDGE WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. ROBERT A. RICKARD, P.L.S COLORADO REG. NO, 28283 FOR AND;ON BEHALF OF n R &R ENGINEERS- SURVEYORS INC. X >'P COUNTY CLERK AND RECORDER'S CERTIFICATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK_ M. ON THE DAY OF A.D., IN BOOK , PAGE RECEPTION N0._ JEFFERSON COUNTY CLERK AND RECORDER D EXHI bN "LS EB ST ED 9489" S89 °5445 "W 315.54' 2 CITY OF WHEAT GROUND COORDINATES RIDGE DATUM 70 C6 42 - .- .- -. -�-� O ._.._._..-..-. _._._. N89`43'37 ®._._.- ,.__._.- "E 78t:98 N00'19'32 "W ° NORTHING: 702508.66 ry I 10.00` ` `n 25.00' N EASTING: 118807.54 589'43'31 "W 137.30' S89 °54'45 "W 70.42' _ _� 1 CS 5.50' p =89'58'09' m RIGHT -OF -WAY ' { N82'08'12 "W R R =19 00'- (� HEREBY DEDICATED e N00'l6'29 "W A= 29.83' Co BY THIS PLAT p 06'45'33" C =S4 I 1,760 SQ. FT. 90 =26.86' 1 0.040 AC. , 52 =_290 ' L W .78 p =0 ° 3 ' ( I C= 577'14'35 "W I 1 n R= 240.00' ( L=29.48' A= 90'00'32" - °o LOT 6 A =27 61' ( I R= 16.00' I ! 111 (C =S11'19'3TW j ( I A= 29'01'52" A= 25.14' i z 1 L= 27.59' R =16000' C= S45'16'13 "E _ I N c� Z < � N CD w O U) M CN Uj 6 -' I °° M � W 1 19 � o o v iA a; =81.07' L= 22.63' C=N00'06'25 "E I L= 80.21' I w co I I A= 29'01'52" I 1 1 ' R= 150.00' i �n n ` I A= 76.00' iii C= NDD'06'25 "E I z° - -§ I L= 75.19' I J i I A= 14'04'59" 1 R= 290.00' I , i- A- 71.28' C= 507*22'07 "E I CK I I L= 71.10' I I = T r I II 6= 74'04'59" 1 a } R= 300.00' ( LOT 5 ; m A= 73.74' cc g w° C= S07*22'01 "E " 1 o a �44 L= 71.10' w' N U 1 1 c N i 1 m n Co 20.00' .nI olz�M°Ico -- - --�' N N 0 N M Q I N 9 g7 1 0 1W 0 N M. ©�. W I O M pI = Z L LOT 4 z 1 co OR 1 w LOT 1, BLOCK 1 to r- I m WEBSTER GROVE w f Q - SUBDIVISION W Li Ca/ w gg 180,994 SQ. FT. I ( ° o ° ¢ Y i 4.155 AC. ZONE R -1A a M 3 ¢ i I N89 °41'39 "E ° N L3 w i 22.78' o M C3 01 I A =84'26'09" C5 6/ o 3 I I R=25.00' o I A= 36.84' Z I C. =N42 °31'25 "W ( 10' SIDEWALK L= 33.60' EASEMENT 1 ( p= 68'23'50" r ') HEREBY DEDICATED R 4.50' - B`Y THIS PLAT \ LOT 3 A -5.37' U) a - I _ C= S31'43'20 "E U) `n 5 569'47'36 "E '°• L =55.92' ! p= 69'29'1' 15.50' o ' co I n R= 25.00'' --� �� \ ° 1 A= 30.32' \ c y ,0 6`. \ C= N35'02'58 "W /// J u g "6 0 R� , L= 28.50' 4.03' \ \sS r c . _ o ° o PART OF DRAINAGE EASEMENT ^� n A= 91'05'25" I'� o . R= 25.00' vj /q o�y 30 FOOT R.O.W. RESERVATION A= 39.75' I•- `�' ° ol SEE NOTE 5 C =S24'1 a'S3 "E .V gg L= 35.69' i ^ /oT PART OF I °�/ DRAINAGE p= 27'36'10 / EASEMENT s M) R= 75.00' I 1 a.. LOT 2 A= 28.28' 00 N C= N10'29'44 "E L =28.7 1' p =27'37'38" 1 I hR= 50.00' A =18.87' bo) I C= N70'29'D1 "E o p' ID ! io L= 18.76' Z. 100 I�oi LOT I I DRAINAGE EASEMENT o o ' 3 16,874 SO. FT. 1 00 HEREBY DEDICATED 1 1 m BY THIS PLAT CITY OF WHEAT RIDGE POINT #PHAC1 ! Ln 1 o CITY OF WHEAT RIDGE DATUM RIGHT -OF -WAY HEREBY I z GROUND COORDINATES ORTHING 701687 91 GENERAL NOTES VICINI SCALE: 1" = 500' 1. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUE 18 -4 -508, C.R.S. 2. SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR. 3. CITY OF WHEAT RIDGE DATUM SPECIFICATIONS: a. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND -BASED MODIFIED FORM OF THE NAD83 /92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. b. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75, EASTING: 3118217.58, ELEVATION: 5471.62. 4. THE BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26, BEING MONUMENTED ON THE NORTH END BY A 4" BRASS CAP IN RANGE BOX STAMPED "LS 13212" AND ON THE SOUTH END BY A 4" BRASS CAP IN RANGE BOX, ILLEGIBLE, AND HAVING A BEARING OF SOUTH 00 DEGREES 19 MINUTES 32 SECONDS EAST PER CITY OF WHEAT RIDGE HORIZONTAL AND VERTICAL CONTROL BASE MAP. 5. THE AREA SHOWN HEREIN AS, "30 FOOT R.O.W. RESERVATION ", IS HEREBY RESERVED FOR THE FUTURE REALIGNMENT OF WADSWORTH BOULEVARD. NO PERMANENT STRUCTURE SHALL BE ALLOWED WITHIN SAID RESERVATION AREA. THE OWNER OF LOT I, BLOCK I SHALL RETAIN THE RIGHT TO USE SAID RESERVATION AREA UNTIL SUCH TIME AS THE WADSWORTH BOULEVARD REALIGNMENT COMMENCES. AT THE TIME OF COMMENCEMENT OF SAID WADSWORTH REALIGNMENT, UPON REQUEST THE RESERVATION AREA SHALL BE ACQUIRED AT FAIR MARKET VALUE AND THE LAND TITLE CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION OR THE CITY OF WHEAT RIDGE. 6. PER COLORADO REVISED STATUTES SEC. 38 -51 -106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 7. MINIMUM TEN -FOOT (10') WIDE DRY UTILITY EASEMENTS ARE HEREBY DEDICATED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS, AND AROUND THE PERIMETER OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA INCLUDING LOTS. TRACTS. PARCELS AND /OR OPEN SPACE AREAS. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, AND TELECOMMUNICATIONS FACILITIES (DRY UTILITIES). UTILITY EASEMENTS SHALL ALSO BE GRANTED WITHIN ANY COMMON AREAS, ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. 8. THE STORMWATER DETENTION AREA SHOWN HEREIN AS A "DRAINAGE EASEMENT" SHALL BE MAINTAINED BY THE OWNERS OF LOT 1, BLOCK 1, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ACCESS DRAINAGE FACILITIES AND ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE DRAINAGE EASEMENT, AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. 9. THE SUBLECT PARCEL IS ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD). STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC --STD- 007.2 - 1998). SURVEY CERTIFICATE MAYOR LEGEND O FOUND SURVEY CONTROL SUBDIVISION LINE MONUMENT AS NOTED LOT LINE SET #5 REBAR W/ RED PLASTIC CAP STAMPED "R &R ENGINEERS SURVEYORS PLS 28283" C1 I DEDICATED BY THIS PLAT I N Cg 1 ( EASTING: 119004.18 0' 40' 80' 120' 8 L.C2 25.00' 15.2 ' s nn' N89 °50'18 "E 233.94' LATITUDE: 39'45'28.83495" s 7.52' I LONGITUDE: 105'04'46.7.7095" SCALE. 1 = 4 0 i BY: DAVID S. MYER5, CEO, MCPN STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON } THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OR , A.D. 2011 BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC PLANNING COLAMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON R&R ENGINEERS - SURVEYORS, INC. 710 WEST COLFAX AVENUE DENVER, COLORADO 80204 PH 303 - 753 -6730 FX 303`-753 -6568 RRENGINEERS.COM Drawn By: JEL Checked By: RAR File No. BA11019 -FP Dale: July 13, 2011 CITY CERTIFICATION APPROVED THIS DAY OF BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS RIGHT -OF -WAY LINE ADJOINING LOT LINE EASEMENT LINE - - UAJ WZ -05 -01 WZ -08 -01 WZ -11 -04 MS -11 -03 I, ROBERT A. RICKARD DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MCPN WHEAT RIDGE WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. ROBERT A. RICKARD, P.L.S COLORADO REG. NO, 28283 FOR AND;ON BEHALF OF n R &R ENGINEERS- SURVEYORS INC. X >'P COUNTY CLERK AND RECORDER'S CERTIFICATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK_ M. ON THE DAY OF A.D., IN BOOK , PAGE RECEPTION N0._ JEFFERSON COUNTY CLERK AND RECORDER D EXHI City of Wheatidge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: October 20, 2011 TITLE: Council Bill 32 — An ordinance amending the Wheat Ridge Code of Laws concerning regulation of massage therapy and massage parlors CASE NO. ZOA -11 -04 ® PUBLIC HEARING ❑ RESOLUTION ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Kenneth Johnstone, AICP, Community Development Director Date of Preparation: October 13, 2011 SUMMARY: The attached ordinance amends the City's regulations pertaining to massage therapy and massage parlors. State statutes also regulate these types of businesses and the proposed ordinance aligns the City's ordinance with state statutes. The ordinance accomplishes three things: 1) clarifies that the state is the principal licenser of massage therapists and massage therapy centers; 2) defines massage parlors and strengthens the City's operational regulations of the same; and 3) establishes permissible locations for massage parlors. BACKGROUND State statutes generally preempt municipalities from regulating massage therapy and therapists, which are officially licensed through the state. The state does allow municipalities to regulate massage therapy and therapists in regards to zoning districts and business licensing and the city currently regulates in that manner. State statues also allow municipalities to regulate massage parlors, which are essentially massage operations that do not meet the state licensing requirements for massage therapists in terms of certifications and training. At the request of the City Staff, City Council recently considered possible changes to the municipal code that better align municipal ordinances with state law in regards to both massage therapy and massage parlors. The topic was discussed at study sessions on May 2, 2011 and October 3, 2011. The proposed ordinance has been drafted based on City Council direction. The proposed changes to Chapter 26 of the municipal code (Zoning and Development) require review and a recommendation to City Council from the Planning Commission. STATEMENT OF THE ISSUES: In regards to massage therapy, the ordinance clarifies that the state has the lead role in licensing massage therapists and massage therapy centers. Those clarifications require changes to Chapters 11 and 16 of the municipal code, over which the Planning Commission does not have jurisdiction. The changes in regards to massage parlors are twofold: 1) changes that bolster the operational regulations; and 2) additions to the code defining which zoning districts massage parlors are allowed to locate within. The changes regarding operational regulations are included in Chapter 16 of the municipal code and the Planning Commission is not required to review. The changes to Chapter 26, defining allowable zoning districts for massage parlors, require the Planning Commission to review and make a recommendation to City Council. Currently, the municipal code is silent in regards to permissible zoning districts for massage parlors. The ordinance proposes that massage parlors be allowed only in Industrial (I) zoning districts. The municipal code already requires that massage parlors be separated by 750 feet from the following: churches, day cares, schools, public parks, residential zoning districts and residential land uses. Additionally, a separation of 1,000 feet is required from other massage parlors and sexually oriented businesses. The combined effect of these separation requirements and the proposed allowance for massage parlors in Industrial zoning districts is depicted in the attached maps. As you will note in Figures K and L, permissible locations would generally be in the far northwest part of town and one small area in the far northeast part of the City. RECOMMENDED MOTION: Staff recommends the Planning Commission adopt the following motion: "I move to recommend approval Council Bill 32, Series 2011, as it pertains to Chapter 26 of the municipal code, for the following reasons: 1. The ordinance is consistent with applicable state statutes 2. The ordinance provides for a reasonable amount of land for massage parlor operations, preserving the City's primary commercial corridors for other higher intensity uses as contemplated in the City's Comprehensive Plan." Or, "I move to recommend denial of Council Bill 32, Series 2011, as it pertains to Chapter 26 of the municipal code, for the following reasons: Exhibits: Council Bill 32 -2011 Maps depicting massage parlor locations 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 32 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING REGULATION OF MASSAGE THERAPY AND MASSAGE PARLORS WHEREAS, the City. of Wheat Ridge is authorized by CRS 12- 48.5 -101 et seq. to regulate massage parlors; and WHEREAS, CRS 12- 35.5 -118, enacted in 2008, prohibits local regulation of the practice of massage therapy; and WHEREAS, the City Council has previously enacted regulations concerning both massage therapy and massage parlors; and WHEREAS, the City Council wishes to amend the Code of Laws to conform to state statutes on this subject. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Code Section 16 -226 is amended as follows: The definition of "Massage Parlor" is amended to read: MASSAGE PARLOR: ANY FACILITY PROVIDING MASSAGE, EXCLUDING TRAINING ROOMS OF PUBLIC AND PRIVATE SCHOOLS ACCREDITED BY THE STATE BOARD OF EDUCATION OR APPROVED BY THE DIVISION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS, TRAINING ROOMS OF RECOGNIZED PROFESSIONAL OR AMATEUR ATHLETIC TEAMS, LICENSED HEALTH CARE FACILITIES, AND FACILITIES WHICH ARE OPERATED FOR THE PURPOSE OF MASSAGE THERAPY PERFORMED BY LICENSED MASSAGE THERAPISTS PURSUANT TO CRS 12- 35.5 -101 ET SEQ The definition of "massage" is amended to read: MASSAGE: ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR STROKING, KNEADING, RUBBING, TAPPING, POUNDING, VIBRATING OR STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS, ANTISEPTICS, OILS, POWDER, CREAMS, LOTIONS, OINTMENTS OR OTHER SIMILAR PREPARATIONS USED IN THIS PRACTICE. Code Section 16 -26 is further amended by the addition of the following new definitions: CONSPICUOUS PLACE: ANY PLACE WITHIN THE PREMISES AT EYE LEVEL AND NOT OBSCURED BY ANYTHING AT ANY TIME; ALLOWING A DIRECT LINE OF SIGHT FROM AND TO THE RECEPTION AREA. Local licensing authority: THE. SALES TAX DIVISION OF THE ADMINISTRATIVE SERVICES DEPARTMENT IS THE DESIGNATED LOCAL LICENSING AUTHORITY PURSUANT TO C.R.S. § 12- 48.5- 103(3). Section 2 . Code Section 16 -227 ( "Unlawful Acts ") is amended by the addition of new subsections (c) and (d), to read as follows: (C) NO EMPLOYEE OF A MASSAGE PARLOR SHALL BE PRESENT IN SUCH PARLOR UNLESS FULLY CLOTHED SUCH AS TO BE COMPLETELY AND OPAQUELY COVERED FROM IMMEDIATELY BELOW THE COLLAR BONE TO IMMEDIATELY ABOVE THE ANKLE, INCLUDING THE ARMS TO THE ELBOW. (D) ALL MASSAGE SHALL BE ADMINISTERED IN A CONSPICUOUS PLACE ON THE PREMISES. Section 3 . Code Section 16 -230 is amended by removing the references therein to "city treasurer" and substituting "local massage parlor licensing authority." Code Section 16 -230 is further amended by re- lettering subsection (b) as (c) and inserting a new subsection (b) to read: (B) EVERY APPLICANT, LICENSEE, OR AGENT OR EMPLOYEE OF SAID APPLICANT OR LICENSEE SHALL, PRIOR TO COMMENCING WORK IN OR UPON THE LICENSED PREMISES OF A MASSAGE PARLOR, OBTAIN AN IDENTITY CARD FROM THE CITY'S POLICE DEPARTMENT IN A FORM PRESCRIBED BY THE LOCAL LICENSING AUTHORITY AND SHALL CARRY SAID IDENTITY CARD AT ALL TIMES IN OR UPON THE LICENSED PREMISES. Section 4 . Code Section 26 -204, is amended by adding a line for "Massage Parlor" as a permitted use only in the Industrial (1) District. Section 5 . Article X of Chapter 11, entitled "Massage Services," Section 11 -230 through 11 -240, inclusive, is hereby repealed. Section 6 . Article X of Chapter 16, entitled "Massage Therapy Practice," Section 16- 240 through 16 -250, inclusive is hereby repealed. Section 7 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. - INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of October, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 24, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: October 13, 2011 Second Publication: Wheat Ridge Transcript Effective Date: 4 � City of WheatR COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner DATE: October 14, 2011 SUBJECT: Case No. MS- 11 -04 /RV America Please be advised that Staff is recommending continuance of Case No. MS -11 -04 until the November 3rd Planning Commission public hearing. The applicant has been informed and is amenable to the continuance. City of W heat ,I iAc Location of Massage Parlors Massage Parlors & Other Land Uses The following maps illustrate the separation requirements established for massage parlors in Section 16 -234 of the municipal code. Maps A -D show 750 -foot buffers around existing parks, childcare facilities, schools, and churches. These buffers are measured radially from the property boundaries. Maps E and F show 1,000 -foot buffers around existing massage parlors and sexually oriented businesses. These buffers are measured radially from the exterior walls of the structure in which the business is located. { v, L A. Parks- C. Schools NOT TO SCALE /, Data Source: City of Wheat Ridge A Map created by Lauren Mikulak, Planner I, 10110/2011 N DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic infMi stbn. Relia"" upon the accuracy, reliability and authority of this information is solely requestors responsibility. The City of Wheat Ridge, In JeMemri County, Coiorado—a pollliwl subdivision of the State of Colorado—has compiled for its use md2in mrnputeriwd information. This inf r ation is available to assist in idenWng general areas of concern orgy. The computenzed information provided should orgy be relied upon with corroboration of the mMhods, assumptions, and results by a qualified independent source. The user of this information shag indemnify and hold free the City of Wheat Ridge from any and all liabilities, E. Massage Parlors damages, lawsuits, and causes of action that result as a consequence of his rebance on information 'Roe! Poo I e I D. Churches B. Childcare Facilities - F. Sexually Oriented Businesses Location of Massage Parlors Massage Parlors & Zone Districts Map G shows the area of Wheat Ridge that is in the Industrial (1) zone district. Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts: Residential -One (R -1) Residential -One A (R -1 A) Residential -One B (R -16) Residential -One C (R -1 C) Residential -Two (R -2) Residential -Two (R -2A) Residential -Three (R -3) Residential -Three A (R -3A) Planned Residential Development (PRD) Map I shows a 750 -foot circular buffer around all residential zone districts, per the separation requirement established for massage parlors in Section 16 -234 of the municipal code. NOT TO SCALE Data Source: City of Wheal Ridge Map created by Lauren Mikulak, Planner I. 10/10/2011 N DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County , Colorado - -a political subdivision of the State of Colorado—has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with 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 Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on Information provided herein. 1 ti I I „1 I j j I _.•. 1 in 1.._.._.. _ 1 1 I I I � 1 • L.. ; i _.._.._.._.._.._.._.._.. i . _.._ .._.._..................... .._. I 1 .._.. �... _..1 i �.l ; ; ; .. I~ i .._.._.._.._.i i.._.._.._.._.._.._.._. �;,i •._..J H. Residential Zone Districts City of Wheat -Midge Ii i i., r•' �I i 1 X. I i 1 1 i i i i i 1 i -- ............... .j I G. Industrial (1) Zone Districts ----- •- - - - - -- ._.._.._.._.._.._•._.._..� i 1 I I . I I I � C �•' ~��� I 1 j 'v-' I •� 1 I i �M 1 I I I I j _•`t i . ..................................... i 1 1 j � I. Residential Zone Districts with 750 -ft Buffer Location of Massage Parlors Massage Parlors & Permitted Locations Map J is a composite of the previous maps (A - 1). Again, the area of Wheat Ridge that is zoned Industrial (1) is shown in purple. This area is overlaid with both types of buffers established in Section 16 -234: 1,000 -foot buffers around existing massage parlors and sexually- oriented businesses and 750 -foot buffers around residential zone districts, parks, childcare facilities, schools, and churches. Maps K and L show the industrially -zoned land that remains after applying the separation buffers. The gross area of the remaining land is approximately 34 acres. NOT TO SCALE Data Source: City of Wheat Ridge Map created by Lauren Mikulak, Planner I, 10/10/2011 N DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County. Colorado —a political subdivision of the State of Colorado- -has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration or the methods. assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages. lawsuits, and causes of action that result as a consequence of his reliance on information provided herein 1 1 I 'I l .J ti I I . I t............ K. Remaining Industrially -zoned Land I I I ! ............... I 1 I - _.,_ - -- -- _----- - ---•• ---•-` t I 1 j i j I !i i _..j i �M J cl= ; t I 1 ■ City of W heat�idge 1k a J j _- ._.._.._.._.._..4._.. r ....................................... I I t om_.._.._-- _.._.._..i •1.. ?._..�'� J. Separation Buffers & Industrial Zoning