HomeMy WebLinkAbout02/05/1998AGENDA
CITY OF WHEAT RIDGE PLANNING COMMISSION
February 5,1998
Notice is hereby given of a Public Hearing to be held before the City of Wheat Ridge
Planning Commission on February 5,1998, at 7:30 p.m., 7500 West 29th Avenue,
Wheat Ridge, Colorado.
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business
may be recommended for placement on the agenda.)
Approved 5. APPROVAL OF MINUTES
as submitted January 8, 1998
January 15,1998
6. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing under Item 6 of the Public Hearing Section of the Agenda.)
13. ADJOURNMENT to February 19, 1998
MINUTES OF MEETING
CITY OF WHEAT RIDGE PLANNING COMMISSION
January 8, 1998
APPROVE 4. ORDER OF of new and old business
may be t d° for on g°
A motion was made by Commissioner WILLIAMS, seconded by Commissioner SNOW, with
the .ii'i items, to approve the agenda. • i •
FORUM 6. PUBLIC for / to speak on ! not
appearing under of a Section of the Agenda.)
Planning Commission
01/08/98 Page 1
A. Case Na. XYV-28-1: An application by the City of Wheat Ridge for approval of'
a right-of-way vacation for property located at 33rd Avenue between Pierson &
Parfet Streets adjacent to 32•4 Pierson Street and 3295 Parfet Street.
Ms. Reckert reviewed the criteria for evaluating a right-of-way vacation. She stated that staff
concludes that pedestrian access is to be constructed on school property, staff recommends
that a non-exclusive utility easement be reserved over the entire 20. Ms. Reckert further
concluded that all of the evaluation criteria have been met in order to approve the vacation,
and that the vacated property should be vested with the property owners to the south.
Ms. Reckert further explained the aerial slide, described the fence and explained that the
shadow being seen was a private storage shed that has since been removed pursuant to the
code enforcement action over the summer.
Commissioner THOMPSON asked a question about the proposed pedestrian path and where it
will
• constructed and whether the connection would be straight.
Ms. Reckert explained that the right-of-way is the only straight, level portion of the parcel.
North of the right-of-way it dips down and possibly has a drainage detention area. There are
also several fairly large trees. An alternate location for the pedestrian access makes sense.
Commissioner SNOW asked what would happen if the school district changed its mind anit
decided not to construct this pedestrian access.
Planning Commission
01/08/98 Page 2
Commissioner THOMPSON , the Commission questions
Planning Commission
01/08/98 Page 3
ZI'MITTINT711 M771 ...... ---- jicaal
has not been used. He felt that it would make good sense to return it to the owners.
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1
pedestrian activity.
Fit jrM
the other fence. She then explained her concern with putting a sidewalk right by her bedroom
window.
MDfim
A motion was made by Commissioner SHOCKLEY, seconded by Commissioner
WILLIAMS, that case number Case, NQ. RY-2SA: A request for approval of a right-of-way
vacation for property located at 33rd Avenue between Pierson & Parfet Streets be approved
for the following reasons:
1. It is not needed for emergency vehicle access.
1 The pedestrian connection between Pierson and Parfet will occur on school
district property.
3. The evaluation criteria support approval.
With the following conditions:
I A non-exclusive utility easement be reserved over the entire 20 feet.
2. Vesting occur with the property owners to the south.
Planning Commission
01/08198 Page 4
Commissioner THOMPSON t to the audience t approved,
the Commission was asking R- I schot district to respond in writing within 60 days to the
City, that they will in fact put a pedestrian path onto the school property. If they respond and
state that they will not put the path in, then the vacation not be •• t' °• also •t
to City Council for approval.
B. Cas?, njIMber ZQA-97-4: An application by the City of Wheat Ridge for
approval of an amendment section # of the Wheat Ridge Code of
relating to special
Planning Commission
01/08/98 Page
Alan suggested making a motion if the Commission is comfortable. Alan concluded his staff
report and entered into the record his staff report and the zoning ordinance. He stated that
under the zoning ordinance the City has provided public notice as required for a zoning
ordinance amendment.
Commissioner SNOW conditional? At this point today, it says special uses are discretionary
and this says that you have to show that they are void • deficient in an area. Why is that
being taken out along with these changes which is a totally different concept?
Alan replied that the verbiage is taken out and sort of setting up the intent of special uses in
this section, but it does remain in two pages following that as one of the criteria for reviewing
special uses. The page begins with (3) Criteriafor review (a). Alan White stated that it is as
the legislature currently is in the code. After a question of its clarity, Alan replied that he
doesn"t have a problem with the language.
Planning Commission
01/08198 Page 6
Commissioner SNOW isn't that the only difference between a special use and a conditional
Planning Commission
01/08/98 Page 7
MQfion.
jjji irdlrige ani 11 direct iiaff to
yt'Up - 1di t I CV1 I I I FffZ) R I - ra - 5 - M1 - -VrTJ - C - 4 -W=W= X r"T4T �F'Z7't rcrl
is purchased. Also, at a future study session the Planning Commission reviews special uses
and whether they are properly placed in each zone district.
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8. OLD BUSINESS.
F-IMMEMUT M"Is F-A
.1
Commissioner BRINKMAN added an item to new business, about a joint meeting
between Planning Commission and City Council regarding the Comp Plan public
process.
11. ADJOURN. Meeting was adjourned at 9:10 pm. by consensus.
Janice Thompson, Chairperson
Planning Commission
01/08/98 Page 8
The following is the offl set of Planning Commission minutes for the Public Hearing of
January 15, 1998. A set of these minutes is retained both in the office of the City Clerk and in
the Department of Planning and Development of the City of Wheat Ridge.
4. APPROVE THE ORDER OF THE AGENDA
Motion by Commissioner WILLIAMS, seconded by Commissioner SNOW to approve the
Motion carried 7-0.
5. Minutes Unavailable For Approval
6. PUBLIC FORUM
There was no one signed up to speak.
7.
Planning Commission Page 1
01/15/98
Planning Commission Page
01/15/98
Discussion continued between Commission members and Staff, regarding the interpretation of
the zoning code, and whether it is a "use by right"' or a "special use permit". I
Commissioner THOMPSON questioned Alan White about whether the Commission needed to
take a vote about whether to hear the case or send it on to the BOA, or if staff makes the
decision.
il-'Twom MEN
in February the City would not pursue any code action due to the fact that the application is in
f,-trocess.
Planning Commission Page 3
01/15/98
Commissioner SNOW asked for clarification of the stand that the applicant is taking on the need
for security.
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approach if possible.
Planning Commission Page 4
01/15/98
Commissioner THOMPSON asked if any • the clinics • the map are in residential areas al
whether they provide on-site protection?
Commissioner WILLIAMS asked about the number of staff working at the facility
Mr. Stie•er responded that there are 9 staff members at the Harlan clinic due to the volume •
clients.
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tyR' s of treatment at each • the Family Violence clinic locations.
Commissioner BRRiKMAN asked if the neighborhood approached the clinic when it opened
?bout the sign and the clientele.
believes, a relative of a neighbor about the sign.
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In general, the comments in favor included assurance that the clients are not dangerous to people
at the clinic or in the neighborhoods, they are seeking treatment in order to get help. Sometimes
it takes people to show compassion to people that are trying to get help. These comments were
made by female staff members of the clinics and each woman stressed the idea that they are not
fearful of working with the types of clients that are treated.
1111161 a tip
The following people spoke in opposition of the special use permit.
1=1
Planning Commission Page 6
01/15/98
I M M DEEM[=
Bill Davis of 4300 Pierson.
Laura Drapeau of 4280 Harlan.
Luann Quintana of 4325 Depew Street.
Planning Commission Page 7
01/15/98
Iff i R I I Ili Rigill P 11
41sc TiTea relarTint, capacitj MET I
1R vrmit and its consequences.
Commissioner SHOCKLEY addressed the Commission and the audience and informed of his
R lan to vote NO. He is not doubtful • the good intentions of the Family Violence Program and
the people working there. As part of what the neighbors have said and part of what he has seen
in his own life about people that get into programs to avoid "hard time he cannot in good
cR nscience vote to put something like this in a neighborhood.
11 2��
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Commissioner THOMPSON asked Ed Stucka • 4155 Lamar to come forward to speak. He h,
a complaint about the snow plowing in the City of Wheat Ridge. He thinks that they are doing
tRR good of a job. He would like to know why the snow plows have to put the snow back on th
sidewalks from the street. •
His name and number were taken down in order to be passed on to the Public Works
Department.
Commissioner THOMPSON asked if staff had any updates on the Comprehensive Plan or any
other meetings.
Staff responded that the meeting between the City Council and the Planning Commission is
scheduled for Monday, February 2 The Commission will have copies • the Comprehensive
Plan.
Planning Commission Page 8
01/15/98
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and part • the agreement is bringing the site up to standards, in terms of drainage, erosion
control and the wetlands mitigation that they are supposed to be doing on the property according
to the wetlands permit.
•
•
•
A motion to adjourn at 10:35 pm. by Commissioner SNOW and seconded
Commissioner BRINKMAN, all in favor.
Barb Fuller, Recording Secretary
Janice Thompson, Chairperson
Planning Commission Page 9
01/15/98
ACTION REQUESTED: Rezone from A-2 & R-1 to R-C with a special use and a fence height
variance.
LOCATION OF REQUEST: 12200 W. 44th Avenue
DATE PUIMISKED: Januar][01MI-N
0 OTHER
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
MENEMM
The property measures 100' x 600' and is split-zoned with Agricultural-Two zoning on the
northern 400' with Residential-One zoning • the southern 200'.
�KIXMH N:
A meeting for neighborhood input was held on December 23, 1997. The following persons were
in attendance:
Meredith Reeked - City Staff
Summer Chase - Applicant
The applicant had originally applied for a rezoning to Commercial-One pursuant to Case No.
WZ-97-15. A public hearing was held by Planning Commission • December 4, 1997, where a
recommendation • Denial was given for the following reasons:
Planning Commission Page I
WZ-98-11SUP-98-3
(a) that the existing zone classification is an error, or
t occurred due to installation of t t
other zone t t deterioration or developmen
transition, t ence supports the findings of t t
i"
Planning Commission Page
Z -98 -1 /SUP -98-
3. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
4. That adequate infrastructure/facilities are available to serve the type of uses allowed
by the change of zone, or that the applicant will upgrade and provide such where
they do not exist or are under capacity.
5. That the proposed rezoning will not adversely affect public health, safety or welfare
by creating excessive traffic congestion, creating drainage problems, or seriously
reducing light and air to adjacent properties.
Planning Commission Page 3
WZ-98-1/SUP-98-3
R- I zoning allows� single family dwellings and group homes as allowed uses and a variety
of conditionatand special uses. Many of the permitted A-2 uses such as dog kennels and
general farming would have more negative impacts than allowed R-C uses which could,
for the most part, occur inside of a building. Because of the lot configuration and
corresponding lack of access to the rear, staff concludes that the property cannot be
reasonably developed under the current zoning unless a future assemblage with adjacent
properties occurs.
\
/ 7.
That the rezoning will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
There is commercial zoning in the immediate vicinity, therefore, spot zoning is not a
Planning Commission Page 4
deterioration of the neighborhood to the west have been negated. For these reasons, a
recommendation • Approval is given for Case No. WZ-98-1.
V. SPECIAL USE PERMIT/SITE PLANNARIANCE
The current building • the property is located 12' from the western property line and 18' from
the eastern property line. The site plan submitted shows a large portion • the building being
removed to increase clearance • the west to 25. Secondary fire access has been provided
through adjacent property to the east from Van Gordon Street. A future wash building has been
shown as an addition 2250 square feet in size with a 20' height limitation.
If Planning Commission approves the special use, staff recommends the following conditions be
placed • the site plan approval:
Planning Commission Page 5
WZ-98-1/SUP-98-3
Planning Commission Page 6
W -98 -1 /SUP -98 -3
S. Is consistent with the comprehensive plan.
The proposal is inconsistent with the designation • the Comprehensive Plan for the
southern portion. However, staff has concluded that there are changed conditions in the
area and that the property is undevelopable under current zoning conditions. The historic
use
• the property has been commercial in nature. There appears to be contradictions in
tesignation within the two Comp Plan documents.
6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on
or off the site.
Adequate provisions have been made for access, on-site parking and display on the
property. Fire access, including a turn-around • the southern end • the property
secondary access is adequate. •
7. Will be appropriately designed, including setbacks, heights, parking, bulk,
buffering, screening and landscaping, so as to be in harmony and compatible with
the character of the surrounding areas and neighborhood especially with adjacent
properties.
Building height is restricted to 20' which is compatible with residential development
11
With the use • fencing and landscaping, the property exceeds the City's standards f]
residential buffering.
8. Will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
All utilities can service the property at the developer's expense. A water line extension
and hydrant installation will be required along Van Gordon. There will be no affect on
parks or schools.
Ilia
established • the evidence:
Planning Commission Page 7
-98 -1/ UP -98 -3
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district
in which it is located?
If the rezoning and special use permit are approved, the property could still be utilized as
an RV rental/sales with without the fence height variance. The impact to the neighboring
residential properties will • much greater if the variance is not approved.
2. Is the plight of the owner due to unique circumstances?
Circumstances are unique in that the neighborhood, in general, supports the development
proposal if the higher fence is allowed.
3. If the variation were granted, would it alter the essential character of the locality?
• staff s knowledge, there are no other fence height variances in the immediate area.
There would be more of an impact if the higher fence were not allowed.
7. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
The situation has come about because of a recommendation from staff. Staff would not
support the site plan and special use if a ten foot high fence weren't shown. I
Planning Commission Page 8
W -98 -1/SUP -98 -3
8. Would the granting of the variations be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located?
I neTanance T "I no I e aMMM-M or MjT—MT-FT-TMTn
neighborhood. Construction of a higher fence will provide buffering from an adjacent
commercial use.
9. Would the proposed variation impair the adequate supply of light and air to
adjacent property or substantially increase the congestion in the public streets or
increase the danger of fire or endanger the public safety or substantially diminish
impair property values within the neighborhood' I
The higher fence may result in a small decrease in the amount of light and air to the
properties directly adjacent. However, the benefits of the higher fence should outweigh
this reduction. Construction of the fence may improve property values as development of
a blighted property would occur. There will be no increase in fire danger or
endangerment to public safety.
Approval of the fence height variance would result in a benefit to the neighborhood. It
would not result in an accommodation of a person with disabilities.
property which will have to be formalized into a recorded easement. Hydrant installation will be
required in the rear part of the property.
Planning Commission Page 10
Z -98 -1 /SUP -98 -3
Option B: "I move that Case No. WZ-97-15, a request to rezone property located at 12200 We
44th Avenue from Agricultural-Two and Residential-One to Restricted-Commercial, be
DENIED for the following reasons: I
I
Option A: "I move that the request for approval • a special use permit with a site plan to - allow
recreational vehicle rental and sales • property located at 12200 West 44th Avenue •
APPROVED for the following reasons:
1. According to the applicant, the Special Use Permit will fill a void in the market.
2. The applicant has provided buffering which exceeds the City's standards.
3. Approval of the Special Use Permit will eliminate blight in the area.
a. For buffering along the west, a 10' high solid fence with a variance be
granted with 6' high Blue Spruce trees planted at 30' intervals (separation
recommended • City Forester) • the outside with sprinkler system
installation.
Planning Commission Page I I
WZ-98-11SUP-98-3
r _ _ ._ ..
7 of the Public Hearing section of the agenda.)
Exd, 6; +',�'
10
in conformance with the site plan. If there are any changes to the site plan then it would require coming
back for a site plan approval review.
Dick Steiner, a representative for the applicant, 2358 Van Gordon, distributed handouts which was to
address the new proposed site plan. He reviewed the site plan which is being proposed.
Commissioner WILLIAMS asked what the impact on traffic will be to the? Ms. Chase-answered that the
impact would be very little.
2
9
Commissioner GO KEY asked Mr. Anderson what it is that he would like to see the land use used as?
Mr Anderson replied, a Use that has less of an impact on the neighborhood.
Commissioner j INKMAN asked what type of water does Mr. Anderson have? He answered, well
water system.
Mr. Bonger spoke again and explained why the land was subdivided in 1955 from a Agricultural zone
district to Agri cultural-One and Residential-One zone district.
Ms. Chase asked to speak about the subdivided zoning. She stated that when they went to subdivide
and replat this area the city adopted zoning the parcel maintained the existing county zoning. She made
reference to the sewer tap and clarified that the sewer tap is a 4" tap and the public water is a V tap.
Mr. Steiner addressed the propane and the fuel issue and pointed out that it is not the norm to have
• vehicles stored with full tanks. The propane, the purchase of fuel and the cleaning of the RV
vehicles would all occur at the existing truck stop.
Ms. Reckert indicated to the Commission members that before they make a motion that there are a
couple of options to be considered. 1) The applicant would agree to revisions on the proposal. 2) The
applicant would revise there proposal and consider a rezoning to RC with this one additional use.
Commissioner BRINKMAN swore in Vashi Sachanandani, 3224 Beech Ct, Golden. He stated that he
has been in the business for 22 years., He explained that the impact on the neighborhood is minimal
from h is point of view, Discussions continued.
ligggpillill I I I �1111
6
Case Flo. WZ -7 -I5, a request to rezone property located at 12200 West 44th Avenue from agricultural-
Two and Residential -tine to Commercial-One, be denied for the fallowing reasons:
FIRS WATER CONSULTANTS, INC.
UNION PLAZA BUILDING
200 UNION BLVD., SUITE 200
LAKEWOOD, COLORADO $0228
(303) 989-2837
FAX (303) 989-9425
January 30, 1998
Re: Application Case No. WZ-98.1; Sup-98-3
Wear Ms. Reckert,
CONSULTANTS IN
HYDROGEOLOGY AND
WATER RESOURCES
We have been asked by Ms. Summer Chase to evaluate the following issues related to thA
application • a recreational vehicle (RV) sales and rental business located at 12200 West 44th
Avenue, Wheat Ridge, Colorado.
1. Potential effects tp neighboring domestic water wells.
2. Potential effects to the Slater-Moody Ditch
3. Pavij�# f O
At the proposed business we understand t at RV sales and rentals wi occur.
maintenance will not occur. Recreational vehicles will be washed in a washing bay, and all
wastewater from the business will go to the sanitary sewer system. Additionally, we have
reviewed the material safety data sheets (copies attached) for cleaning products which will be
used by the business. The hazard rating descriptions for these products, on a scale of 0 to 5,
show that they are rated as either 0, insignificant or 1, light. There are no special handling or
disposal requirements for these cleaning products. Therefore, there are no environmental issues
related to the use of these cleaning products and their disposal.
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In M ur opinion the proposed recreational vehicle business proposes no potential threat of
injury to the neighboring domestic water wells for the following reasons.
1. The water supply for the proposed business is from the City's water supply
system and not the alluvial aquifer. The business will therefore not effect
groundwater production from the neighboring wells.
2. All wastewater from the proposed business will be discharged to the sanitary
sewer system. Therefore, there is no potential for contamination of the alluvial
aquifer.
The Slater-Moody Ditch is located to the south of the subject property. For the two
reasons stated above, our opinion is that the proposed business poses no potential threat to the
Slater-Moody Ditch. The operation of the business will not effect the quantity or quality of the
ditch water.
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PROJECT DATA
PQOPOSED SITE PLAN -_ 9. J4.0
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SHEET I OF I
I 22M NVEST 44TH AVENUE
12200 WEST 44TH AVENUE
WHEAT RIDGE, COLORADO
SITE PLAN REVIEW
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TO: Planning Commission
DATE OF MEETING: February 5, 1998
DATE PREPARED: January 28, 1998
CASE NO. & NAME: WZ- 98- 21SUP -98 -2
CASE MANAGER: M. Recert
ACTION QUESTED: Reques for a change of zoning Conditions on property zoned -1, Special
Use Permit and fence height variance.
LOCATION OF RE 11800 and 11900
W. 44th Avenue
NAME & ADDRESS OF APPLICANT(S).
J.W. Brewer Tire Company
11900 W. 44th Avenue
Wheat Ridge, CO
NAME & ADDRESS OF OWNER(S):
Rodney Brewer and Michelle Castle
11900 W. 44th Avenue
Wheat Ridge, CO
APPROXIMATE AREA:
6.09 Acres
PRESENT ZONING.:
Commercial -One and Commercial -Two
PRESENT L AND USES
RV Storage, Office, Warehouse, Tire Service
SURROUND ZONING.
N: PCD: A -1, C -1; S: A -1; E. C -1, A -1; W: C -1, a -1.
SURROUNDING LAND USE:
N,E, Commercial, Low Densit S . Low Density, Open
Space; W: Commercial, Open Space
COMPREHENSIVE PLAN FOR THE AREA: Multiple Land Use, Medium Density Residential;
Fruitdale Valley Master Plan - Neighborhood
Commercial, Moderate Density Residential
DATE PUBLISHED:
January 16, 1998
DATE POSTED.
January 22, 1998 �r
DATED LEGAL NOTICES SENT:
January 21, 1998
(X) COMPREHENSIVE PLAN
(X) CASE FILE & PACKET MATERIALS
The applicant is proposing replacement of the • lot and old service station with a 1 '00
square foot building to accommodate tire servicing on semi-trucks. The auto service l
located adjacent to 44th Avenue would remain "as is."
Based on the applicant's request to allow the continuation and expansion of tire service includi
semi-trucks, the following actions need to be taken:
Separate motions will be required for each action. Included under Exhibit 'A' and V are a site
plan for development and an explanation of the request.
In 1984, Ordinance No. 576 was passed by City Council which prohibited the parking of major
vehicles (truck tractors and semi-trailers included) unless the vehicle was in active use or being
loaded or unloaded. In 1986, an ordinance was passed allowing the parking of up to three semis
as an accessory use in C- I and C-2 zone districts. The current ordinance allows as an accessory
Planning Commission Page I
WZ-98-2/SUP-98-2
Planning Commission Page 2
WZ -98 -/ -98 -2
111. NEIGHBORHOOD MEETING
muting for neighborhood input was held on December 9, 1997. The following persons were
in attendance:
• Whether the applicant intends on increasing business.
• Affects on the aesthetics of the Clear Creep greenbelt.
• Any fuel stored on the premises'
• How long will trucks be idling?
The applicant has amended the site plan in several areas in an attempt to address concerns
generated at the neighborhood meeting. Please refer to Exhibit 'A. Attached under Exhibit 'E'
2re letters submitted regarding the proposal.
IV.. AGENCY REFERRALS
Walley 'hater 'District and Arvada Fire Protection District may require a looped line running
down "Tabor and across the southern side of the building. An additional hydrant may be required
on the southern end of'the property.
Due to the proximity to the City open space, the Parks and Recreation Commission expressed
concern regarding noise from idling trucks, architectural materials to be used on the new building
and buffering along the south side of the existing building and west side of the new facility.
Please refer to draft of their minutes included under
V. REZONING CRITERIA
The original zoning approval on the eastern property (11800 W 44th) limited use of Parcel B to
recreational vehicle storage. There were no use limitations on the two properties along West
44th Avenue. in order for the tire service facility to be allowed, the condition on the rear parcel
needs to be changed. This could be done in either of two ways: 1.) Remove the restriction of RV
(chan•e of zoning conditions):
1. That 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, comprehensive land use plan and other related policies or plans for the
area.
The Comprehensive Plan future land use map designates the property as multiple use on
the north half and medium density residential on the south. Multiple use is defined as "a
mix of residential, office and/or retail commercial uses, and parks and open space, and
�IVABC-
density residential uses. Industrial uses are specifically prohibited."'
In the Fruitdale Valley Master Plan, the following problems and policy recommendations
are identified: . I
Planning Commission Page 5
WZ-98-2/SUP-98-2
R licy reco < Tl ^tion
"promote adjacent uses which are of graduated intensity"
Planning Commission Page
WZ- 98 -2 /S -9g -2
6. That the property cannot reasonably be developed under the existing zoning
conditions.
Because of the local exempt status on Tabor Street, access to the southern portion of the
site must come from 44th Avenue, This forces the entire property to be a single,
integrated development.
7. That the zoning will not create an isolated or spot zone district unrelated to adjacem
or nearby areas. I
The Comprehensive Plan requires any rezoning application for an area designated as Multiple
Use submit a site plan for review. Within multiple use areas, Planning Commission and City
FOOMMV-4101i R
I I 10�
cross-access at the rear of the property with the new lot. No changes are proposed to the existing
auto repair facility.
Planning Commission Page 7
WZ-98-21SUP-98-2
IF I I I I R I I I I i I I
These items have been incorporated as notes on thesite plan.
WIT
building (aggregate finish).
SPECIAL UE PERM11 CRUERIA
Staff has the following comments regarding the criteria used to evaluate a special use permit:
1. Will meet a proven public need in that it will fill a void in necessary services,
products or facilities especially appropriate at the locatiow proposed, considering
available alternatives.
Planning Commission Page 8
Z -8.215 -8 -
Although the applicant has done an admirable job addressing concerns of the
neighborhood, there could still be a negative impact because the semis will be closer
the adjacent residential properties. I
3. Will not create or contribute to blight in the neighborhood by virtue of physical or
operational characteristics of the proposed use.
4. Will not adversely affect the adequate light and air, nor cause significant air, water
or noise pollution.
5. Is consistent with the Comprehensive Plan.
Staff has concluded that the proposal is inconsistent with the designations of the
Comprehensive Plan and Fruitdale Valley Master plan, particularly for the south half of
the property. Staff would note that there are changed conditions in the area which
m2p#'64 G#md&--vZW ## qt"xd-tb p d
the property must be developed as a single unified project.
6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on
or off the site.
Planning Commission Page 9
WZ-98-21S UP-98-2
7. Will be appropriately designed, including setbacks, heights, parking, bulk,
buffering, screening and landscaping, so as to be in harmony and compatible with
the character of the surrounding areas and neighborhood, especially with adjacent
properties.
I M
uses. If the special use is approved, staff recommend screening be increased on
the west side of the new facility and the south side of the existing facility by the use of
opaque fencing and vertical landscaping installed on the Coors property.
S. Will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
All utilities can service the property at the developer's expense. There will be no effect
on parks or schools.
The applicant has requested that the Special Use Pen be vested with the land rather than the
property or business owner. Our current ordinance does not allow land vestment. Staff recently
approached Planning Commission with a zoning ordinance amendment to allow vesting with the
land
• the business owner. Planning Commission continued the matter with staff directed to
come back with more information.
To staff s knowledge, there are no other fence height variances in the immediate area. If
the proposal is approved for use, there would be more of an impact if the higher fence
were not allowed.
Planning Commission Page 10
WZ-98-2/SUP-98-2
4. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were
carried out?
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Re Tanatice is apprITIM,
results may not be the same.
6. Is the purpose of the variation based exclusively upon a desire to make money out
the property
The purpose of the variance is not economically motivated. It is being requested in the
interest of the neighborhood.
7. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
8. Would the granting of the variations be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located?
Granting of the variance would not be detrimental or injurious to the other properties in
the neighborhood. Construction of a higher fence will provide buffering from an adjacent
commercial use.
9. Would the proposed variation impair the adequate supply of light and air to
adjacent property or substantially increase the congestion in the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
oil* 1.11 IMM11 # 4
14 A 0011 It M VW W-M # # N I I 1M4 r- I I M4
#
ANT
Planning Commission Page I I
WZ-98-2/SUP-98-2
1. That the 6high chainlink fence along the rear property line be replaced with a 6'
high opaque fence.
2. That vertical landscaping be installed on the open space land in accordance with
the recommendation from the Parks and Recreation Commission.
If the special use permit request for 11800 W. 44th Avenue is approved, staff recommends
approval of the 4' fence high variance.
Planning Commission Page 12
WZ-98-2/SUP-98-2
CHANGE QE ZQNINa9g��OINS
Option A: "I move that Case No. WZ-98-2, a request to change zoning conditions on prope
located at 11800 W. 44th Avenue, be DENIED for the following reasons: I
1. It is inconsistent with designations on the Comprehensive Plan and the Fruitdale
Valley master plan,
2.- It is incompatible with adjacent land use to the south and east."
Option B: "I move that Case No. WZ-98-2, a request to change zoning conditions on property
located at 11800 W. 44th Avenue, be APPROVED for the following reasons:
1.
2.
3.
ffillam,74 In an I anw
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It is inconsistent with designation on the Comprehensive Plan and the Frultda e
Valley Master Plan.,
2. It is incompatible with adjacent land use to the south and cast."
Option B: "I move that Case No, SUP-98-2, a request to allows a special use permit to allow tire
servicing on semis on property locate at I 1800 W. 44th Avenue, be APPROVED for the
following reasons:
I
Option A "I move that Case No. SUP-98-2, a request to allow a special use permit to allow tire
servicing on semis on property located at 11900 West 44th Avenue be APPROVED for the
following reasons:
I . It will allow an existing business within the City to continue to operat
2. It will continue to fill a void in the market. I
Planning Commission Page 13
WZ -98 -2 /SLIP -98-2
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are committed to shielding our lights, whether within the yard area or upon the building, so that
they will not cause glare or undesirable light problems for the neighborhood.
We believe that we have addressed all concerns expressed our neighbors and we thank them for helping us
design a plan that will meet all of our needs!
We have reviewed the responses from the Arvada Fire Department and Valley Water District and believe
that we will have no problems meeting their needs and requirements. In regards to the response from the
City's Public Works-Engineering Division, we have the follow responses:
Attention: Mr. Glen Gidley
Re: J.W. Brewer Property Development: Conceptual Drainag4
h:kgiltansqanddovk199718913630ONjw brewer • drainage concept.d*4
ARCHITECTURE # ENGINEERING *SURVEYING
GILLANS INCORPORATED, 8471 Turnpike Drive, Suite 200, Westrninster CO 80030,1303) 426-1731
Branch Office: 124 Main Street, Suite 211. Dillon, CO W435, J970) 262-6795
Planning Commission Minutes Page 6
December 17, 1992
Planning Commission
December 17, 1992
Mr. Moberg presented the staff report. Entered and accepted ints
the record by • • rehensive Plan, Zoning
41rdinance, case file, packet materials, slides and exhibits.
Mr. Moberg answered no. He added that staff recommended that t
site plan indicate be utilized as a storage lot for
recreational only. Any deviation w _w- woul •
require applicant coming back to Planning Commission for approval. # property # • be •
as a staging lot for buses going to Central City.
Mr. Gidley explained that the parking of large trucks is not a
permitted district. #... Permit
required for parking more or trailers in
the C-1 zone district.
Commissioner P f how the fence would be # w #.
stated Mg, Brewe the fence would be brick pillars • 4 •
d1
Mg. Brgwgr stated ideally, yes, it would be removed.
Planning Commission Minutes Page 8
December 17, 1992
need. She doubted that C-1 zoning in a residential area meeta
the intent of the Fruitdale Master Plan.
Mi_qh!glg aggLgg stated the storage would include boats jot skis,
• other items that are not necessarily 15 feet in height. She
added that it would not be feasible to purchase industrial -zoned
land and utilize it for RV storage, as the monetary return would
not profitable.
Planning Commission
December #
4. The property cannot reasonably be developed under the
existing zoning conditions,* and
5. The rezoning will not create an isolated or ! ! zone
district related to adjacent or nearby areas.
Page 9
1. That a #... I site plan shall be prepared • submittal to
Council. I City
2. An easement to allow ingress and egress for all three parcels
along the main entrance between Parcels A and C, shall be
prepared and submitted with the Type I site plan, in a form
that can be recorded at Jefferson County. In addition, if any
ditch or laterals have or will be moved, easements Allowing
there continued use and maintenance shall also be submitted.
3. A decorative wood or block fence shall be erected along the
west, south and east property lines of Parcel B.
4. An effort be made to landscape along the east side
of the parcel, even though the brick pillars have been
Page -2-
CITY COUNCIL MINUTES: February 22, 1993
Mr. Shanley asked for consensus to proceed with the hearing without the
Planning Commission Minutes. Consensus was 5 in favor to proceed.
Mr. Gidley presented the staff report and answered Council questions.
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TABOR STREET RESIDENTS
tabor st,
w,44ay.
wheatridge co.80033
jefferson
Residents
Tabor st.
Wheatridge,CO380033
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Sincerely,
y s
aye
tabor st,
w,44ay.
wheatridge co.80033
jefferson
Residents
Tabor st.
Wheatridge,CO380033
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Sincerely,
F
RECV, ''Ell
JAN 2 2 1998
1, the undersigned Wheat Ridge resident, agree to the following in regard to the current zoning application
by I W. Brewer Tire Company regarding their property located in my neighborhood at I I SOO and 11900 W.
44 th Ave.:
�! � ! R
T t
Parks & Recreation Commission
Minutes - January Z1, 1998
IIEM 5 -, NAWhKDE Prior to signage being installed in the
Conservation Areathe Commission discussed whether they would like the area named and if so
when should advertising for names begin. The consensus of the Commission was to name the
Conservation Area through the regular naming process. do
willbedetermined. The naming process will be tied into
advertised in the papers. A proposed schedule for the nany'
February meeting. I
I TFT# I "I
"ssion discussed
I ie and not put drainage
qound proofing the
Brewer property:
1) Noise from'!
2) Buildift
MEE M-IIMMM•�
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M= I I if! a IIII III=
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The equipment at the skate park is currently being installed. The park is scheduled to be complete
in approximately 2 weeks.
0
— 40wo
SPECIAL WARRANTY DEED
THIS DEED, 14*d* on this day of May 08, 1992
betw"n
UNIM BAW oF NoRniGLEM, N.A. N/K/A NOFUE5r
BANK OF NOMMLEM, N.A.
of the
C04inty of St#to of Cotorodo, grantor(*), and
ArZXIS nNESM9NM CORP., A ii •... OMMRATION
who** itgat address Is
�ill lqlj!lll;l 11111 � 1 �jqllljpl��!!lll lrlr�! lil!"
atso kmwm by street and MWOOr W- 11800 & 11808 W. 44TH
N.A. H
BY:
a.....
t kt
•• Rrarptr" h ",.... . , . .. .. .. , . ... Clrik end Ris".t Jrr
DEED OF TRUST
�,•» (Commercial & Multi-Family) #23168 -
(Financing Statement; Assignment Of Rents)
THIS DEED Of TR UST is made this ....... 29th. , ... , " , day a( , .. ....July .July .................. 19 , ,. , .. , „ smant tht ctshtor,
Investfnents,,a Far,tn r4bip . ...............................
...,,...., ....................,.....,......,...........,.,.,.-.....,,.,,......,. ..,,.......... (nertan " "Aurrowte "),whose
Address is. 19,00. We* t, . th Avenue. ..Wheat . Ridge,, . Colorado, , 80033. .... . .....:.. . . . . . . .. . „ , .. , .. :
tht Public Trustee of ..... . . . .... . J ef.. ferson. , ........... ..... , .... ..... , , .. , . , . County, Colorado ingrain `• r .sttt
and the AencArisry, The Empart Sl-ings, Ru dibng and Loan Attuc4tioa, a CohrraJo turparstiun, thane- "Lcndct "t, what, addrest is 14$4 Cafi(otnos Street, Denvtt,
Colorado MO.
w1111REAS ,.Aiorawer .... Al ex , L — B rower... an .. Ro dney, R...B rewer .. ......:.................. ......... ;:.,:..,:
hj %j rave executed a Promissory Nr.tr datcJ . , , . , . JUIy, 79 th. . ... . ....... ; ........ , ... , .. 19.63........ payable to the otter of the l.endar,
in the principal gam o( QnN MILLION, THRRS ,UUNDRRD ,FIFTY, 73f0USAND. AND—NO/100's . . ..... . . . ...... . „..... noltars,
(t... J. 3 ,Qs QQO,,OQ ..... , , . , , ... , ) with interest thereon, providing for installments of iottreat sodior principal, with the balance of the inditottdness,
if not shatter paid, dot and payable on , , .. AUgus t. 1 . . . .. . ........ . .. , ,..... , .. , 14. 98 .....therein ""Nutt•'},
Now, T1fEAEFORP, in comalt,atioa of the indctittdnest hcrtai, irrittd soil iht trust .herein rrtofd. Aurrowtr, for the purport of a rsitint ettlymtns of tot .
andebtadaest tvidtnrcd by the Note; the paymrat of sit uutar sum%, with intcrtst thereto., sdvanrcd in. itrordan €c with this flied of Trust to protect the - ictstay cd
this Dced of Trust. tine performantt of the cowrsaots and agrttmtoo of Aaraowtr €anAincd in this Dead of Trusts and the rtpaymtnt of joy future sdvaocrs, with
intertit thereon, made to borrower by Lender pursuant to the terms of this Deed of Trust, irrrvorakrly arjntt end conveys so Teuwitt, in tfuti, wash power of sale, the
following detweibtd property located in the ctounty of , , , , ... , . Jaf f erson . . . . ...... . ....... . ........... . .. . .... " Start of Colorado.
Lots 2 and 3, Block 1, Westlake Park Subdivision, County of Jefferson, State of
Colorado
which has the street address of...... 11900. Ves ,44,th , Avenue . ....... . .. . . . . . ........... . ... . ....... . istrcatl
.,.." . ..."...«....,,tosttand tip todcl:
Together with sit buitdingt, imptovememi, fixtures at sppuritosturm now of hereafter irericd thereon, ineludint,.but not firs ltd to. All appustus, tquipmtnt,
and fixtures, whether in tingle units or Ctottalty controlled to supply best, gas, ,seam, sir iunditiunang" water, light, power rtfrigtntrun, ventilation. looking, plumb
Eng, irrigsting and power systems, mstoiaes, appliances, sod Any other thing now at livesfirr situated thtrtin at totteon which set now or may hrrtafttr pettsia toot
. .. be'Ltiil trtth etrin said premists even though they be detAched or dettrhable, ado all buildings. improvements of construction Malarial. supplies and equipment now or
hereafter Jtlivertd to said pastorate sowl intended to be ineotputsted and installed thertsn at owed in tanittuttion thereon: Also sit building permit*, . ctamtruction too
ttarm claim% and warranties under construction contracts, tap fees, Art} anettural loan and spccificAtians telating to toosituctian of improvtmtnas on said land and
trademarks snd tacos selaitd to marktting the property, .. together with any and all ttatt (subject to the tightt and suihorititt given htatih to Lendet to Collect and jp<
ply such rental, Profile.. royalties, mineral, geothermal frsourrts, oil and gat tightt and profit%, water, water rights. And water stock, ditrh rights. tastmcots and *tells
. tights, now owned or hretsfitr acquired by Aottowtf, used, belonging ta, of in any way connrcred with the real property, A11 of which sit dtelattd to be a part of Saud
test property. whether physically attached therein or nut, and all of the tarttoint, totttotr with said property (or the tcasthold ,ststc if this Died of Trust is an a
le+tchold) Art herein tattered to At the "ptopacty'%
To have sod to hold lot Property logtahtt with any And Pit of tot rights, ptwiblits, hcteditsmens and apputttnaocrs so Any way sppctlainint and belonging three.
M
That in the event of say britch or default by garrowet, or his sutrtsaors in artrrit, under, the terms of the Nall or $hit Deed of Trust, the Lender may sale: wraith
ruitice with the Trance Jecitriot loth 4t6utt $04 as tlecsaan And darrsand that such Ptoprrty be advtrtists! for sate gad $aid in sttordiaty with the as Afutti of writ
State of Colorado. Thereupon, the Trustee $hail sell and disport of the Prtr imi and All 9( tot tight, sale and interest of the serrcawtt, his lieks,auttretnts, sad assigns,: .
at public tursion to the highest bidder for cash It the time sod Place and under the trims desognsitd in she notice of sser. After public native of the late ftsving pit"
vauusly been awtn by sdvcrtising, weakly, fast (our consecutive wetkt, in a ntw%pAper of gentrat tirculition in the County where the Property . is loctitd and after
topics of the "note of left beat been mailed in arturdanct with the Statutes or flit Slate of catoradn, The Trustee may postpone sate of set at soy parcel *(the pw-
party by putalit tnnountement At the lima And plate of toy perviously scheduled tttt,. Lander, at Ltndct'i dtsitntt. may purchase the Property it any %Ate,.
The parties furthet vuvcoam And agree it fuflows: v "
Stcurity fnierest — Fixtures. ccrtsia goods Art of will become fissures Imthtd to the Property It is initndcd that the faling of this Deed at Trust will matt this
Decd of Trust effective at A financing erat:ment filed at a faxtuet Moog within the meaning of Owe. Uniform Commtrcist Codt. The goads cavtttd hertundtt use mate
partieularfy dtsctibed htrtan,
Construction Mortgage., Thit Decd of Trust coossiturts a conitrurt6a motrasgr under the Unifotin Con +met €ist code, given to tarurcan atrhgation in €unto tat
the tomatruttion of An imptownrent on Ilse land desvilivd Above f nrludtng the Acquisrroto Coast of the land),
C.n'rns of Title, florrowtr euveoamt that A oatowrt it lawfully seised of the rstetc hireby eianvaycd end has the right to great sad colavy the Property . that the
Pruptrty is untncumbrred and that Aorrawrr wait warrant and defend gcnataity the title ao the Propatay Against all claims and dentinal, subtert to Any derivations,
casements at rttttaetatrni, which art of pa,Wit tteattl tad flared an a schedule of ri crfoi .s to towtgx in a titre inwrahrt policy insuring Lredet "a interest in the Pro
petty, a
svjiver of rarrnt.ttaoe Ro,rauwrt wsivat sit right of IuemesocAJ rsrmptio "h a the Pnaratty and all other ctensptsons now vttied of httcAfrtr Arqurrrd,
covrnsost of Harrowct. A "otrower covenants and agrtti to promptly pay Lcndre All prtnaopal and imciett and all'alitr anus of Monty payable bp virtue of the
Note And this Dead of Trutt and to perform €jch And every rovrnsnt and sgtermoea in thv Nora, this t }cad of Trutt, any Conllfuctioh Loan Agreement with LeaJer, of
toy other documents relating to the last, ttrrtirmcd by the Niitt "inrluding, but not fimord to, the Commitment Lauer to Aurtowef, dstcd . . , , .. , , . " , .....
, ,., , ,Ju ne, .I}, , 1.963 .. , .. .... therein C <tMnrirMrnt Lcttti ") and any At %f-Mi nit of Lesvos and Rents.
ELA14 t629,82►
C.,la-cow lho"..ar' It is a oapi".6 it (0rf ... is .J Agoras to J. .11 11a.g. ."Co's'l fit P""t'r ..J 1,"p In fail I." J effect a lt o'.ror in r
F'.4 I'A.4wag ramic, lb, law, of the St." if its mvorpwolkan and wdf e nmply with *0 'tg.W.mt, gulf$, sujmtrr, sti.rat, video, and driti of any t.vernn"on.1
boirr xwh.tily at court Applicable IQ Iburrawer of I. the Property at shy Part throeo(.
Fto.olt, (-or Toasts, #,,it Ground Rents Unless woouvcJ to - filing by I.Crider, in soldnion, to alit Payments P,rijej (,it in the suite, lu,"'iaert Shalt PAY to
I.radort an the day installment* are PAY141t V.,Icr the Nine, until the Note it Pool to full, a $.in (bruin "Funds tqmsl to a juir-'stat porti ((.it restart" Anvio
it inaorrmentt are due momo'ly, ant'Gno(ih if installment* art Jar qaxactrdy tit .I of the estimated yearly tsars and assessments which noy Attain priaray.erl this
laced of Truiz, and ground rvm$ an the Property, it any, plus a pfor-res. imt-tion a the *..00t insurance premiums (intlucli.g loft nov.I4.cr farmnams it our iosiutd). Pit.
ranamt tot mortgage msiaA.rr. and ot her 6- -Pon the Property, All #9 fcar000bty tstin,.atoil maisily shot from time to time by Leader ao the brioso(ciaratm arr
previous YtaV*S bites or ool.assarcnts� 0: if suWiuntoaC i-Proo.cc.ts made to the ptiopetry were not mthaitif with the por"nuas y.*t's bill or an slit basis.(
Lemirt's C'sircietc a( t he amounts jooc. S'n'O.V' Shalt proovide Ltroil" .0, ptioner, Si4i'mccni of Asset, SSSrstmvni4, insurance P"At.m" into rhargV1 upon
the Property rail, if applicable, gfrovad rents. dot Wooser the dot J.te thortoof,
The Fund* shill be held toy Leader 41 Add,60441 security (at the wrai, irvurril hy this Uveil at To.,, And may tit vA,a,AglcJ with other siath Funds, at its own
funds for the pro men, of such tit I -too charged at Wti without (wilier oiqy. L,.Jr, shall not pay Ii,al'i.c, any mir'lli or coming. ". 0't Fu.41,
If itocro, it any delinquency in paying sums Jar antics the No", 11'r Funds may Goat tit Applu,J by Leader to PAY s.th ilchrvq.tAry. And Lv.JIt whillb-t a fast
And prior Iran tharcon for sutb purpose,
If the amount of the Funds field by Leader is not sWiticat to Pay Ao'J ta"s, insurance foremi.-S, 3.J ground rents as they fall Jut, unlras oolaur'iviir
agreed to in wtitin%l by Leader, horroo-tt sloo,ll pay to Leader any ii-ol,ohn -rcaltaty too mait up tht deficir.ry within thirty (30) days (turn the date ho"ct it mittel by
tAnsur to Borrower requesting payment thertaC to adaynnia, Ltmytt may, upon notice, mctesve the payravoll suffiriently to mars IL. stmt, And Borrower agrees to
pay said mcievied paymoritc
Upon payment in full a( all %unit secured by this Dirtill of Trait, Lender 0A promptly refund Aca Sorrowtt any Funds held by Lorndm
Charles. ainetawff agrees to PAY *11 tsars,. Isstivivients sod other charges, fine* And mopoiniont Siltilowable Air the Property, as -fit AS Itsichrild p*ymtntt of
ground stools, it any, when Jut And p-yoottlor, before they Vernon, delmaxinrat tad lir(erc Any interest Attaches at any penalty is ifteurfroll, if any 14%, asscs4tarni 00 rocket
charge, (tot as imposition becomes of record, Burrower agrees that such shall be sasislocif and discharged of accord within thirty days a( h4crelaung of tecord,stott a ctrii-
tied copy of the Official document tvidtAting such satisfaction and discharge shill he stet to L,adcr within ttn days s(ttr such dowhictIc. rlirwcvef, fka,mievi *hall Arai
he rtiluutd to discharge any lien if Borrower shall, in good faith, contest such hen by, or drftn4 en(tocenotnt of such hen in, kgAl fouiev,hr%t which operate I. pit
vent the trolurcerafat of 04 lien at (offtittaft of the property or any Pitt thereof,
Future Ad.ancti, I( the Noic ptorityrs f"' Additional sjvaftcvs, such future with Iftlotest these.-. %half lot SIC.'ed toy this Deed at Trait. Any additional
together with the rodebtedorts tc risowril by tht N.Ir thill oat c,rro I . . . . 4350, 000.,00... ...... in thia,
PA'agripe, $hill be co.saItted is hatiting the Amounts secured by Out DoeJ of Trust ban IdaAccd to protect the security or in acrandAnct .,in tht tirmtrof this Otto
of Trust, the Rare, or any of the other documents relating to the loan teptewmed by the Noce.
Itaxond tn$urantr,. Amtovitr ;great era keep the now totntiog or he'r.f4vt coveted on the Pocipartry insured against loss by tue, hicards included orth-
to the term - Cottaraltil rtfaile iotliaching wmd%fratm 404 (load, and Such m6t( b.""Is as Leader may rcq.t,t and in such amounts and for such pe,iocit at Leader
may vequirt; provided, in.$ Leader $hall not tequot that the tractions of such c.vVAgc torrid that 'Mount at ttattoglf ecq.iud to PAY the sum-, sacc.tC4 by this Died
of 'trust.
The incansoct citric, pro.Wooll the imoar3rory shall be thus by R.t,owr,, obtect to appraisal by Ltndc,, provided that such appt"sl *halt n or be ratucAlanibly
withheld, All Premiums On ima realities shall be paid on (lit manner P,*.,d,A in she P.'oofl,sph here.( raptirmcd - Funds for Tests, Ivasutsovir and Ctresmai Rtnis"
Air, it not paid in such thinner, by lintrowti moolonit psymrftt, when dut, dutc(ly to the ons.(loct talf'tt'
All insurance Pcolofit$ And fcorc- thcItut their be in (arm settInsiour to Leader and shall include a st.Adjtd mosattialice clause in (I—, of and in form tecepittolor
to Le.4tv Ltrubta %halt hsev flit tight to hold the polurits sod renewals tatuof ;ad at..es ihalt foloarraptry furnish to Leader - tent -al fterfurts, sod Of tcreopts for
paid premiums. In the caeral a( loss, Hantaiect 1AW love prompt notice to the 'Aluttce ca .. At and Lander. Lander may make proof Of Iasi if not made promptly by
Burrower.
Voiltst Leanlet and Borrower WoottwiW *grit in writing, insurance Preattads $hill be opplual to tcatorrithant or repair Vol the Picaporcry dsm#gt4, provided such testroa•
litaft of repair is gtoomomacstly feasible *.a the strassity of shot Data of Trust is oat trutraby impaired, If suvot testov4rm" at repair is not ocanoorertally ftatilift or if she
savorily a( this Deed of Trust would ter impaired. the rosaitarev proceeds that) he spjahrd to our sums secured by this Dead of Tatars with flit rate**, of any, paid to
tharta-tt. if the Property or sbon4tinvoll by Roncairor, at of Potmooittr fools to tesp4 to 1,cou,itf u^ahm thirty 0u) days from the date notice is mailrd by Leader to flat
(lower that the insurance cart," Offers to settle a claim (of inuoll"re twoeffts. I is siothaniscoll to calker sod apply the miurAnrc faterectals it Ltmict'jorprisaft earlier
to rtstaration at repair of the lotort(ty of to the %.in$ scetinvol by this Died of T00%,
Unless Ltndtf and Borrower 011 agree in wr Wy application 4( pratctils to Principe) *hall not attend or pxistpont the due date of alit inti0mornut
dot under the Note or change tht amount of such inttsBmtnts. If the Pecarrily is acq.otc4 by Lcn4r, through Ntrchsurc salt at other irrhasitnin, ill right, title And in
(treat Of Safflower in and to any intoort."ct robriti soul in sod to the jottrettdi thereof tesvitiog (tam Jamagor to flit Property prior to flit site or atolinvarlsor shall pass
to Lenifts to the extent of the sums accused by this Dead of Trust hromcdaktly poisai to such sale of
In flit term a( firierharott of this Octal of Trust, all batsma tight, title and interest in and to Any botard msursnvt policies then in later shalt pass tarthe pur-
chaser or jrsfttfc.
Public Liability Iftsuf•ort, * A'otkmtn * s Corariontation narrowest otters to poor.,* and maimi.ft� or attire to be p'tat.,vol and m4iftl6mcd, comonamuslyiAtM41
.Atil the Nutt is paid in full, public liability irroorm-ct *I ptioeidtoll for in the Citmauirnent Letter, Borrower will deposit with Leader politics tractenciag such insurance
m
or a certificate of the 4tottl *rating that such i ntuunte is in force And Oftet,
if t he indebtedness mpoestn'ral by the Nutt is a ronsitiactican lot., S.'stower $gotta to prorate And taximi., at crust to be Pretested and anciftivotil, toantmorcutily
in Woes until it tompItiod, wo,uraWs compt"to'non insatiate p.ot, to, in the Commitment Lttvvt. lyinwivt will depersk with Letolti such prolurnts
Vv4f.v"t such iftsovinte at a tortiGoaft at the insured tasting that wth ma. is is force And effect,
In the rotor of fintchatiatt of shat Dtod of Trust, $11 of Sart'awtv's tight, title and intrust in and to *try piabtn: liability or oarkmocWt tamprntarion iruivrs.ttr pot
iciet than in faster %hall pass to far purchaser at grAftive.
Troms(te of Istop"ryi Arsvaopr;oavr. Illorro.tr calevaloll And Activs that in the evtot of a comrYsnet of the Property hearth jrstribtd (of Any Part threvoyl), Orin
the cet"t of the tstfulism of a Iontfatt or agreement Creating &Ay equitsulf imervat in the 60c, of in the event of so agreement Containing an option to purchase $44
granting A possessory right in the proopt(ty Of in the latest of tat left or transfer of the forarolling interest or Of the majority bir"fivill interest in Sorloott, at its liqui•
dation of dissolution, than #1 the option of the Ltrnhtt the entire iftatuttaintat Satiated hereby thaft Iterative immediately close and plystolor artless Ltoolct t1rals not to
toetittootv the indebtedness, Should "chrowat felliarst that tender not Varicose the tight to xectitioscr the indebtedness at ifiats"d, Ltnd<t may impose certain, transit
I.Ons as consideration (at Such Agreement not to accelerate, inchadurg, but Out limited to, any Of $ Of the following A loan 4#3049 fit as plettroVed by Leader;&?%
'noactist at the interest 1.191 a or the monthly payintalt of principal *ad oattraii bated u pon such uirttsicif mattrii rata, a morch(itainsn of the tell" of
the indebtedness, to amtodracAt of the prepayment provision And I guaranty of Payment by tht P.,calurs, Insomuch as the loan made horturuits A as booted in part on
tht financial earoorsibibly of Borrower, it to Ipt(ific*Ity understand And *gtctd tull such sonatas may be j,.cm of withheld by LtAder in its suit ditcstlivan. Fadist to
avrii.t such content prior to any such 1#441fti, grant, of camacys.cor at attempt thereto, $hall be dtemrj I Wrath Orient and of the Nara itisorrd hrtcby. Should the
I.emyr, fairclitic from stvffirtttinj the Payment or( alit mthbitointas by tca*Am of Any of the flargoong, the assigrief of botfo-tr $bell tot dervavAl to torte statistical and
*gotta to ply the indebtedness owing Ltadtr, whither or not the in .. vatol eridenting such talc. giant, of tarolift c.p"Wy to pfar.idea, sod this torthi,ng $halt run
with the Property and remain in full force and allies ."41 the emote indrhtrdnau it hql#1cd And L'.4tt may, wal'aw ft.twor to tharowts, air.1 .'sh such tol;gmet
with rv(cft^(t to the ind,b data* strand by this Deed of Trust, ioclud,.0 the ptymcra or total, to Wart 4sug-ft Of --ohlib-'sord escrow (rends on repayment in alit
Asiver china f is with Borrower, without in any way A herytl at darustg,og ftatlo-Ws habJily fleflo-det or -Pon the debt tccvltd by this (Ned of Trust. Upointlat
occurrence of say of our fortilmot recall And obottAf tlItMis lixiint -at been green by Leader, loot facie (*it of a lapse of time of tote stctfortott of psymenti sarbac
thic-t to any such events thatt not be ofteracif a oirtr of Le"de"s It ht to ffs*" such t4clusm, not *hall Lender lot stopped therefrom by virrut shtiter4, fliotrawts shift
be itolviftol[ to moti(y Lvocytt upon ArectortAct Of 44Y of the river, a fit,-$ tit as diar0orol abort, sod f.J.1f to do so %hall constitute a default hereunder lad of alit
Nett,
Preservation and Maintenance of Prooporryi Aturnottirmi Entuerobtsort, Borrower Agrees to Utcp the Property in good repair and fatthtr list$ not 10 Commi w
at pittmil impairment of dttcltafatNtn a( the Ploopirty, If fusafrowet (A4 10 keep And maintain the Property, ke"i1cf, as its option, Ivory cause 'eltimsuh: ftpsits and
rnsivolcasott to be ptrfotmcd on flit txpacoat of fnrffarwcr. 40fro.cr further agrees not to Alienate at vacumbort the fitiatntly to the Prejudice of LtAthr�
Raramat of Imprio,.tmonts. th"crowtv 4cfcts flat to ftrarri as Permit Ito he ItmoriVel, from the plospirty any building, thud or other at Any fi
apparatus of colvilanivoit, Butte -es furific, agrees not to make any major thcTAlitins to c000stiol; improvements on alit Property without the prior written conscat of
Ltn4ta,
Suceva..m And A.,igm Nuund:. joint And Serer. .hi #ity. All of tht coKit.m. and *grccmtntro €ortYainrd` --° is Died of Trutt shall tun . ith th€ Ptop #rty and
,hall , *tend au And he Wri,hag upon, and the righet htrtundcr %hall inurt Ya th€ it tp €€tire s.Cc t rm1 and atugnt Iv"Wir Sry of involuntary And by opetstina of Is+.I of
l,erulrr and Bonower, suhjtct to the provisions htrrof relating to tr *Hafer of the Property And Astump„on. All a *tignmtot, or grants of Anrro + -Cr pruv,dcd for in this
I red of Trutt ur related loan d.rtumtots shall survive, And than not be txtinguishrd by any foreclosure prntttding.
All Covenants and agrcrmtast of hortowC, *hall be joint And
Captions. The captions and headings of the paragraph% of this nerd of Trust Art Im conveaitoce onlpAnd *it not to fit usrd to interpret at dcfsnt the provisions
hetCOf,
Invalid provision. If any trim, rilvensnt or Condition of this nrtd of Trust or the *ppheation thereof to any person or entity at tirrumszanrcx shall be invalid or
unanforrrabi #, the ttmaindct of the terms, Covenants and Conditions bcrrof and the Apphewor, of any term, covtaAat And Condition liver*( to Any other person or rn.
Italy than not be affected thereby. And rash term, candition and covtoant hereof *half be valid And enfotttibtr to the fullest exterat Prorated by IA.,
Rrttaae, Upon payment of All sums sccurtd by this need of Trust And upon full perfotmsnCt hereof by borrower, Lender shall promptly, sftrt written notice from
Borrower, execute and deliver to Borrower a rcquett for it's release of this ntcd of Ttu,t direettd to the Tmote, The Borrowet *halt, however, pay sit to*tA and ex-
litotes in tonncction wish the rccotdation And tartution of said Release. A repast of this need of Trust %hall fcleaae any assigamcot of rents or friars givtn *a addition-
al security,.
Additional Provisions,.
The Borrower and all entities executing the Lender's Norte or Deed of Trust agree at
any time during the term of the loan, upon reasonable request by the Lender, to
supply information and documentation required for the continued monitoring of the
loan, to include but not be limited to financial statements, rent rolls leases,
and estoppel certificates.
There shall be no secondary or "wraparound" financ ng,on the Property without the
Lender's prior written consent.
IN WITNESS WIIE Borrower has c*tcutcd this ,teed of Trust.
A- R_Inve nts
a Part
A' x rewer, a Partner
R Hey rawer, Partner
Stitt *(Colorado )
City, s lid, , .:..co -oty of , ... ,Denver.
The fottgoing mstrutntnt was atkaow #tdgtd befort m# this ....2 ........ , e d *y at
b _Alex. L...Brever, ,arid, .Rodney. R., Brewer as "Partners. for A -R ,Investments, . a• ,Par tnersh3 p. * , , .. .
. , on, .behalf. ,of, the. partnership. . , , ..... , . ......
Witness my hand and official slat.
Aty#ommYSSton#xpYr April 1, 1987
notary ° *Addri 1654 California Street
Denver, Colorado 80202 � {4*` ?w .�.•.
(SEAL) * Not#ry
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All vF �Q a AY t C G
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std, tSs
A, t *'
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a
PART OF ! SUBDIVISION, #
SECTION 1/4 OF TOWNSHIP RANGE «• OF
WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS
THIS LEGAL DESCRIPTION WAS WRITTEN BY WILLIAM KONDRACKI OF GILLAN'S
ENGINEERING,
t
M w 1 2 1 N O 9 « .1 0 Q AM I MM UNA z MO d w •
I
I
r- L. o 6 F- W Q- 5 c. u T-5
W. 44TH AVE. 15L-AflJP — � RAP 1.,�>vPsca
.vL, T-W-5- -51&N
IT
O f
ol
uFfAmom
-cx,uz I - rrl Gol
Em
TOTAL LAND AREA: 6.09 ACRES
11900 W. 44TH AVE: 2.39 ACRES
1 1900 W. 44TH AVE: 3,90 ACRES
BUILDING COVER-AGE: 36,980 S.F. (EXISTING Lw,B.)
3,000 S.F. (AUTO REPAIR BUILDING)
12,000 S.F. (PROPOSED)
BUILDING HEIGHT: 24' MAXIMUM FOR PROPOSED BUILDING
LANDSCAPE COVERAGE: 11900W.44TH=13.1%(EXISTfNG)
I I goo W. 44TH = IS% (PROPOSED)
NOTES
L ALL AjW_Ab NOT COytjWjD My 6TpLoCTURE6 OR LAND6c,*r-* WILL CE PAYED-
] 4. DRAn*AC�E .wLL OE COLLECTED AND DETAINED ON 61TE TREATED Ab WailRED 15Y LAW, AND
AoWt A WON DRAINAGE AWOW *" 0E *AMM A'r Tra
Or ftg r�.G rVn-VT ArMV-ATNak
3 OUTOOE LoG. T#,6 WALL OE O"404ED W A& To MIN"LZE LbC*a OR CLAW t5E*'O CAA OWO &"Wt*0'
f*A4DfNTL4AL Pl4OPlWT*6.
4„ ALL LA*C)GCApW
. j*AA& M MI CM LAk,) G "TION& AND 04EW"EfIENT
". A#40 OuSTOMP PAW.010 *TA"* WL" 9W *TRWED-
&TV UgL Og pMl= AND ft" 0*0"= TWAT "10 &"" NOT IDLE IN V4"" OF
P1 A)4o twTENT
T.16 JWTE &J111`41TTED To T,,E CRY OF W HEAT RIDGE IN ACCORDA UATk WAC 26-* IN PARTIAL
^A_P_aVWT OF ApV oeal "o-ENTS FOR A OMC;IAL U6E MAMIT. THE r"OPEPITY IS ZONED
Co"I'VOIC;IAL _ ONE (r
O'D 8& OW , g E U GE Or JMW WEST 44Tw AYVN&* AND THE
r,opo6W WE Op a" u"T 44TH AVENLIE wvOLIA0 TIRE 6ALF-6 AND *E*VICE 04 Lj~ TMKWA, W.LUO
be-K.TMOKA AWHD Tn".rj%, A WECtAL UM relqM 1* "EC"" ' IS Ti,& WTVW ANY We"L C UK
'& rlkor%W " CAN OE
gy Or UWAT peOCAL "COM A VWAWD OUC- OF T'
To titRllE c6wa
Fet"t?
:f;rToSA4
AUTO
REPAIR
f 'AR Y. I N clr
— CVft5 OUT
ONLY IwOK -sami-TRucK
m
J.W. BREWER TIRE COMPANY
EXPANSION CONCEPT PLAN
11800 & 11900 W. 44TH AVE.
WHEAT RIDGE CO
MEW f=vs"L r—
�' wor-
N-' -/ -,', N [;" -- C—fl F F- J? UFF B P- ,lz F '-
�.r✓tr...'1 rrr �_.� G-�'� rz. -r a�.=wt Ir CG. A. c:.��r
ZONING AND PLANNING ASSOCIATES
8684 W. WARREN DRIVE
LAKEWOOD CO 80227
I� C+A.TjVt} J"t-a
— C,yA,,JL
17�
0 5 30, 0 W
N 0 T,
0 H SCALE: V=30'
I jjjll�