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HomeMy WebLinkAboutWZ-11-06City of Wheat Ae � DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 December 7, 2011 Steve Warner 7901 E. Lowry Blvd., #300 Denver, CO 80230 Dear Steve: At its meeting of November 28, 2011, City Council APPROVED 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, including property addressed as 10700 West 50` Avenue. Enclosed is a copy of the signed ordinance and a copy of the minutes stating Council's decision. A blackline mylar of the Amended Outline and Final Development Plan needs to be submitted for recording with Jefferson County within 60 days of final action. All signatures must be original and completed with black, indelible ink. Enclosed are Jefferson County's recordation requirements. The fees for recording with Jefferson County are $11 per page. Please submit payment along with the mylar to the City of Wheat Ridge Community Development Department. Also, please remove all public hearing signs. Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosure: Copy of Ordinance Draft of Minutes cc: Peterson Co. 10700 W. 50' Ave. Wheat Ridge, CO 80033 WZ -11 -06 (case file) WZ 1106.doc www.ci.wheatridge.co.us CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott Council Bill No. 31 Ordinance No. 1505 Series of 2011 TITLE: AN ORDINANCE AMENDING A COMBINED OUTLINE AND FINAL DEVELPOMENT PLAN FOR PROPERTY ZONED PLANNED INDUSTRIAL DEVELOPMENT LOCATED WITHIN THE L & K INDUSTRIAL PARK AND SPECIFICALLY, 10700 W. 50 AVENUE (CASE NO. WZ- 11 -06 /ATECS FOR T- MOBILE) WHEREAS, the property located within the L & K Industrial Park was rezoned to Planned Industrial Development in 1974; and, WHEREAS, the Combined Outline and Final Development Plan controls development standards, allowed buildings and uses in the industrial park; and, WHEREAS, this document has specific height limitations and does not allow accessory structures; and, WHEREAS, a land use application has been filed for an amendment to the Combined Outline and Final Development Plan to allow accessory structures (CMRS facilities) up to 50' in height. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by ATECS for T- Mobile, approval of an amendment to a Planned Industrial Development (PID) combined Outline and Final Development Plan for property located within the L & K Industrial Park and specifically, 10700 W. 50 Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an amendment to a PID Combined Outline and Final Development Plan is hereby approved for the following described property: BLOCKS 1 & 2 AND LOTS 1, 2, 3, 4, 5 & 6 OF BLOCK 3 OF L & K INDUSTRIAL PARK AMENDMENT 6, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this amendment to a Combined Outline and Final Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. 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 November 28, 2011, at 7:00 o'clock 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 8 to o , this 28th day of November, 2011. SIGNED by the Mayor on this 28t day of November , 2011. A /z, ATTEST: / Mich . itv Clerk S EAL , " CO 1 publication: 0( ut o er 13, 2011 2 publication: December 1, 2011 Wheat Ridge Transcript Effective Date: December 16, 2011 Appr to form by City Attorney Gerald Dahl, City Attorney 2 City Council Minutes November 28, 2011 Page 2 r CITIZENS' RIGHT TO SPEAK Nancy Snow thanked all the outgoing candidates and congratulations to the newly elected officials. Mrs. Snow also thanked Mayor DiTullio for moving the pre- meeting to the Council Chambers and asked the City Manager to repeat the descriptions of each item on the agenda as he did during the pre- meeting. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 31 -2011 —An Ordinance amending a combined Outline Development Plan (ODP) and Final Development Plan (FDP) for property zoned Planned Industrial Development located within the L & K Industrial Park and specifically, 10700 W. 50 Avenue (Case No. WZ- 11- 06 /ATECS for T- Mobile) Mayor DiTullio opened the public hearing. Mr. Dahl informed the Council of his advice given to Council Member Pond to excuse himself from the hearing because of the conflict created with Council quasi - judicial hearing requirements by his attendance as a former Planning Commission member when the item was previously heard. Mr. Pond excused himself from the room for the duration of the hearing. Council Bill 31 -2011 was introduced on second reading by Mr. DeMott. City Clerk Michael Snow assigned Ordinance No. 1505. Mrs. Reckert presented a staff presentation (amended to this packet). Mr. Steve Warner made himself available for questioning of Council on behalf of the applicant, T- Mobile. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 31 -2011 (Ordinance 1505), on second reading, and that it take effect 15 days after final publication; seconded by Mr. Reinhart; carried 7 -0 with no vote entered by Mr. Pond. Mr. Pond returned to the meeting at the conclusion of the hearing and vote of Council. DECISIONS, RESOLUTIONS, AND MOTIONS 2. Motion to award ITB- 11 -36, On -Call Storm Sewer cleaning and repair services contract to Quality Pipe Services in an amount not to exceed $50,000 Motion was introduced by Mr. Starker. nRaFy ry , 50TH r' ���► 36 te !� { `wig " � , Cs.►'�+r� . 1 w MJ l I w PAW AAKAMEW ro Yw arnAT n� MAY RCW aws 5LONOW's URTMAIE •DDNCMk CIPM TOI a AIGYAMNI TOPOGRAPHIC SURVEY T-MOBILE SITE DN04073D - PETERSON COMPANY SITUATED IN THE SW QUARTER OF THE SE QUARTER OF SECTION Ia. T.SS., R.89W.. 8TH P.Y. COUNTY OF JEFFERSON, STATE OF COLORADO i &-s rip i . I-Ift LEGE a -R=.- No=: or m:M-=-L —.z nyuruxi -Mobile+ VA L E Wr, * 11 Ma,,, . — aaw,u6 l; 5 0 ExMlkv %4— T, Th. 9-0-0 From W S M A— P `.d T4Aob" M—pw W h Munntl T -Mobile- y W Photo simulation from Oak Street Mi6% Zone Change Criteria • Current zoning is PID • Existing ODP /FDP restricts height and allowance for accessory structures • Consistent with Urban Renewal plan and Envision Wheat Ridge • No impact to traffic, drainage or light and air • All agencies have no objections • Criteria used to evaluate ODP amendment support the request Agency referrals AFPD: No objections Valley Water: No objections WR Public Works: No objections RWR: No objections WR Eco Devo: No objections. Suggested upgraded screening. Xcel Energy: No objections so long as no impact from grading, landscaping, erosion control activities to their r -o -w. Planning Commission recommendation Recommended approval with conditions • Minor language and typos be corrected • Note be added regarding 8' high screening • Note be added that allows on 50' tower per property parcel. All conditions incorporated into CC plan set. Staff recommendation: Approval as presented. City of W eat �dge O il � �� REQUEST FOR CITY CO Je f j W� � ITEM NO: DATE: November 28, 2011 CIL ACTION TITLE: COUNCIL BILL NO. 31 -2011 - AN ORDINANCE AMENDING A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED INDUSTRIAL DEVELOPMENT LOCATED WITHIN THE L & K INDUSTRIAL PARK AND SPECIFICALLY, 10700 W. 50 AVENUE (CASE NO. WZ-11- 06/ATECS FOR T- MOBILE) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (10/10/2011) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (11/28/2011) ❑ RESOLUTIONS ' OIO QUASI- UDIC ' L ® YES L omm ity Dpvelo t D City Manager ISSUE: The applicant is requesting approval of an amended Outline and Final Development Plan (ODP) for property zoned Planned Industrial Development (PID) located within the L & K Industrial Park and specifically, 10700 W. 50th Avenue. The property known as L & K Industrial Park was zoned to Planned Industrial Development in 1974. The development which is located on the south side of 50 Avenue extending from Miller Street west to Oak Street allows for a wide range of industrial, warehouse and commercial uses and currently includes six buildings with various businesses and two detention ponds. The purpose of this ODP amendment is to modify the underlying zoning to allow Commercial Mobile Radio Service (CMRS) towers up to 50' in height. In this case, the change of zoning conditions is the proposed modification to the height standards, fencing standards and the ability to have accessory structures (CMRS towers) in the industrial park. Adoption of the attached council bill on first reading set the public hearing to consider the Specific Outline Development Plan on November 28, 2011. Case No. WZ- 11- 06 /Atecs for T- Mobile Council Action Form November 28, 2011 Page 2 PRIOR ACTION: Because this case was processed under the old zoning regulations (prior to the current provisions for Concept and Specific Outline Development Plans with an administrative Final Development Plan), it is being modified using the old process for a combined Outline and Final plan amendment requiring public hearings. The Planning Commission reviewed this case at a public hearing held on October 6, 2011. A recommendation of approval was made 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 support 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 -faced block wall to an 8 -foot height. 3. One CMRS tower up to 50 feet in height be allowed per property parcel. There were no attendees in the audience who gave public comment on the application. With regard to the conditions of approval in the Planning Commission motion, the applicant has incorporated all three into the plan set being reviewed by City Council. Attached are copies of the Planning Commission staff report and meeting minutes for additional background. FINANCIAL IMPACT: Fees in the amount of $1900.00 were collected for the review and processing of Case No. WZ- 11 -06. If the proposed ODP /FDP plan amendment is approved and the tower(s) constructed, there would be lease revenues available to private property owners and personal service benefits to those cell phone customers in the area using this provider. BACKGROUND: The subject parcel, located south of the structure at 10700 W. 50` and its ancillary outside structure, contains a detention pond and is located centrally in the overall development along the southern boundary line. The parcel is one of three owned by Peterson Company which processes and distributes metal products. The building at 10700 W. 50` is 17,554 square feet in size and was the most recently constructed in the industrial park, having been built in 2006. While the applicant is interested in construction of a CMRS tower on the southern lot of the Peterson Company ownership, Staff thought it prudent to amend the entire PID in case other opportunities for additional tower placement occur. The amendment would allow building and rooftop CMRS facilities as well. This will be the seventh amendment to the original PID zoning document. Council Action Form November 28, 2011 Page 3 Parcels north of the subject property across W. 50'' Avenue, are also zoned PID and include the Rocky Mountain Bottling Company. To the south is a right -of -way zoned Agricultural -One that contains a series of Xcel Energy transmission towers and power lines. Staff estimates that these transmission towers are over 100' tall. To the east across Miller Street is the Arvada Ridge Market Place in the City of Arvada. To the west are properties zoned commercially and agriculturally (C -1 and A -1). The proposed ODP/FDP amendment is consistent with the policies and goals in the I- 70 1Kipling Corridor Urban Renewal Plan and the City's comprehensive plan— Envision Wheat Ridge. Both plans designate the property as within an employment area which is described as existing light manufacturing, storage, warehouse, and other industrial- related uses. This application has been through the standard referral process with no items of concern raised. Xcel Energy which has a major transmission line directly to the south has indicated that they have no objection to the tower as long as there is no activity including grading, landscaping or erosion control activities in their existing right -of way. They are not requiring a "free fall" area separation from the transmission lines. RECOMMENDED MOTION: "I move to approve Council Bill No. 31 -2011 an ordinance amending a combined Outline and Final Development Plan for property zoned Planned Industrial Development located within the L & K Industrial Park and specifically, 10700 W. 50th Avenue on second reading and that it take effect 15 days after publication 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 support the request." Or, "I move to postpone indefinitely Council Bill No. 31 -2011 an ordinance amending a combined Outline and Final Development Plan for property zoned Planned Industrial Development located within the L & K Industrial Park and specifically, 10700 W. 50th Avenue on second reading for the following reasons: " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 31 -2011 2. Planning Commission minutes 3. Planning Commission report with revised ODP/FDP CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott Council Bill No. 31 Ordinance No. Series of 2011 TITLE: AN ORDINANCE AMENDING A COMBINED OUTLINE AND FINAL DEVELPOMENT PLAN FOR PROPERTY ZONED PLANNED INDUSTRIAL DEVELOPMENT LOCATED WITHIN THE L & K INDUSTRIAL PARK AND SPECIFICALLY, 10700 W. 50 AVENUE (CASE NO. WZ- 11- 06 /ATECS FOR T- MOBILE) WHEREAS, the property located within the L & K Industrial Park was rezoned to Planned Industrial Development in 1974; and, WHEREAS, the Combined Outline and Final Development Plan controls development standards, allowed buildings and uses in the industrial park; and, WHEREAS, this document has specific height limitations and does not allow accessory structures; and, WHEREAS, a land use application has been filed for an amendment to the Combined Outline and Final Development Plan to allow accessory structures (CMRS facilities) up to 50' in height. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by ATECS for T- Mobile, approval of an amendment to a Planned Industrial Development (PID) combined Outline and Final Development Plan for property located within the L & K Industrial Park and specifically, 10700 W. 50 Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an amendment to a PID Combined Outline and Final Development Plan is hereby approved for the following described property: BLOCKS I & 2 AND LOTS 1, 2, 3, 4, 5 & 6 OF BLOCK 3 OF L & K INDUSTRIAL PARK AMENDMENT 6, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this amendment to a Combined Outline and Final Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and Attachment 1 for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. 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 November 28, 2011, at 7:00 o'clock 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 28th day of November, 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1 St publication: October 13, 2011 2" publication: Wheat Ridge Transcript Effective Date: 2 1 ►441 City of �Whcat�dge PLANNING COMMISSION Minutes of Meeting October 6, 2011 1. 7 3. 4. k 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 continents were already included on page 6.) Planning Commission Minutes October 6, 2011 Attachment 2 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 Plarmed 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 t11 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 Commussioner 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. f Commissioner GUILDNER expressed concern about the high crime rate in the I 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. j 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 Conunission 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 l0 -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 fripling 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 h 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, Secre ary Planning Commission Minutes 7 October 6, 2011 � 1 City Of W heat CO Ow MIvtUNI�iY DEVLLC)I'MEN CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: October 6, 20) 1 CASE NO. & NAME: WZ -1 1 -06 / ATECS for T- Mobile (L & K Industrial Park) ACTION REQUESTED: Approval of an amended, combined ODP and FDP on property zoned Planned Industrial Development (PID) LOCATION OF REQUEST: 10700 W. 50 Avenue and other lots in the L & K Industrial Park APPLICANT(S): Atecs for T- Mobile PROPERTY OWNER(S): Various APPROXIMATE AREA: 13.9 Acres PRESENT ZONING: PID (Planned Industrial Development) PRESENT LAND USE: Various industrial office /warehouse uses COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP 50TH AVE — _ � t L & K Indus. Park 10700 W. 50' Ave. Case No. WZ -ll -06 /L & K Industrial Park JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of an amended Outline and Final Development for property located specifically at 10700 W. 50 Avenue but applicable to all lots within the L & K Industrial Park. The purpose of the ODP amendment is to modify the underlying zoning to allow accessory structures (CMRS towers) up to 50' in height. Pursuant to Section 26- 112.B.2., a zone change process is required when changing the conditions of an existing zone district where those conditions were established or not addressed by a previous zoning action. In this case, the change of zoning conditions is the proposed modification to the height standards, fencing standards and the ability to have accessory structures (CMRS towers) in the industrial park. (Exhibit 1, Letter of Request) Because this case was processed under the old zoning regulations (prior to the current provisions for Concept and Specific Outline Development Plans with an administrative Final Development Plan), it is being modified using the old process for a combined Outline and Final plan amendment reviewed through a public hearing process. Pursuant to Section 26 -311 of the planned development regulations, where there are multiple owners, applications for amendment to an ODP must be approved in writing by 25% of the property owners. There are currently 13 property owners within the development; four of the owners have submitted signed, notarized land use applications, therefore, this standard has been met. Il. EXISTING CONDITIONS/PROPERTY HISTORY Existing Site Conditions: The property is located at 10700 W. 50' Avenue and is zoned Planned Industrial Development (PID). The site is part of the L&K Industrial Park; a planned development originally zoned and approved in 1974. The development which is located on the south side of 50' extending from Miller Street west to Oak allows for a wide range of industrial, warehouse and commercial uses and currently includes six buildings with various businesses and two detention ponds. The subject parcel, located south of the structure at 10700 W. 50' and its ancillary outside structure, contains a detention pond and is located at the middle of the overall development's southern boundary line. The parcel is one of three owned by Peterson Company which processes and distributes metal products. The building at 10700 W. 50 17,554 square feet in size, was the most recently constructed in the industrial park, having been built in 2006. While the applicant is interested in construction of a CMRS tower on the southern lot of the Peterson Company ownership, Staff thought it prudent to amend the entire PID in case other opportunities for additional tower placement occur. The amendment would allow building and rooftop CMRS facilities as well. (Exhibit 2, Ownership aerial) This will be the seventh amendment to the original PID zoning (Exhibit 3, L & K Industrial Park, amendment 6) Case Nu. WZ- // -O6 /L & K hidustrial Park Surrounding Zoning and Land Use Parcels north of the subject property across W. 50` Avenue, are also zoned PID and include the Rocky Mountain Bottling Company. To the south is a right -of -way zoned Agricultural -One that contains a series of Xcel Energy transmission towers and power lines. Staff estimates that these transmission towers are over 100' tall. To the east across Miller Street is the Arvada Ridge Market Place in the City of Arvada. To the west are properties zoned commercially and agriculturally (C -1 and A -1). III. COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN The applicant has provided a five sheet combined Outline and Final development plan document (Exhibit 4, ODP/FDP document). Sheet 1 contains the legal description and required certification blocks. Language has been included indicating the ODP/FDP is being amended to allow CMRS facilities (both freestanding and structure - mounted) up to 50' in height. This sheet also addresses the development standards being modified. Staff would note that language should be added requiring 8' high solid fencing /walls around accessory ground mounted equipment cabinets. This has been added to the recommended motion for approval. A note has been added disallowing towers in the front yard of buildings and requires the following setbacks: 10' from side property lines and 15' from rear property lines. Sheet 2 of the plan set shows a site plan for the southern lot of the Peterson Company ownership, where the cell tower will be located. Sheet 3 provides topography data. Sheet 4 shows a detail of the proposed tower location on the southern lot of the Peterson Company ownership. This parcel is currently devoid of structures but there is a large detention facility on the property which provides drainage functions for the entire development. The proposed improvements include a 50 -foot high freestanding CMRS monopole with three frames that can accommodate a total of nine antennae. The monopole is being built so it can also accommodate future co- locations. The site improvements include construction of an 8' high equipment enclosure (15' x 30') around the base of the monopole. The enclosure would include a concrete pad for equipment cabinets; the remainder will be surfaced with crushed rock. Access will be from an existing drive on the west side of the parcel extending south from an internal drive aisle behind the Peterson Company structure. In order to accommodate cell towers in the development, the existing ODP must be amended to allow accessory structures up to 50' in height: The existing plan does not allow accessory structures and the maximum height allowance is 42'. All other existing development standards for the industrial park would remain the same. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26- 122.13.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Case No. WZ- 11 -06/L & KIndustrial Park Staff has not found any evidence of an error with the current Planned Industrial Development (PID) zone district as it appears on the City's official zoning map. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. While the Arvada Ridge project located on the east side of Miller is continuing to develop into a regional shopping area with light rail facilities, this particular vicinity (between Oak and Miller) is one of Wheat Ridge's true industriallemployment areas with both the bottling plant and a box manufacturing plant on the north side of 50 Avenue. The bottling plant recently invested 3.8 million dollars in improvements to facilitate Coors' merger with Molson so investment in this area is continuing. The L & K industrial park provides a transition in intensity between the heavy manufacturing facilities to the north and existing commercial /warehousing operations abutting the I -70 frontage road. The proposed amendment will not impact this land use transition function. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that the evidence supports the finding of at least four (4) of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed ODP/FDP amendment is consistent with the policies and goals in the 1- 70/Kipling Corridor Urban Renewal Plan and the City's comprehensive plan — Envision Wheat Ridge. Both plans designate the property as within an employment area which is described as existing light manufacturing, storage, warehouse, and other industrial- related uses. Modification of the ODP to allow CMRS facilities is consistent with the City's guiding documents. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed ODP amendment to allow CMRS facilities will be compatible with the surrounding area and will not result in adverse impacts. The Xcel Energy transmission lines currently abut the property to the south and are estimated at approximately 100' in height. In addition, the Coors bottling plant is located across from the development on the north side of West 50' Avenue. Buildings on the bottling plant property exceed 60' in height and much of the ancillary equipment is as high as 80'. Any new cell towers in the development will be less intrusive than the existing towers, lines and manufacturing structures in the vicinity. (Exhibit 5, photo simulations) Staff concludes that this criterion has been met. Case No. WZ- I I -06/ L & K hidiestrial Perk c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The lease revenues generated from CMRS facilities will provide a private benefit to those property owners. There will be personal service benefits to those cell phone customers in the area using this provider. Staff concludes this criterion has been met. d. 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. All responding agencies indicated that they have no objections to installation of a tower or towers in the development. Upgrades required for the new tower will be installed at the developer's expense. Xcel Energy has indicated that they have no objection to the tower as long as there is no activity including grading, landscaping or erosion control activities in their existing right -of way. They are not requiring a "free fall" area separation from the transmission lines. Staff concludes that this criterion has been met. e. The change of zone 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. Based on the limited scale of the improvements, there should be relatively little impact on traffic, drainage or amount of light and air to adjacent properties. Staff concludes this criterion has been met. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. It would be impossible for the tower itself to meet any architectural standards. Upgraded screening is being provided by an 8' high block wall. Staff concludes that this criterion has been met. V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on July 6, 2011. There were no representatives from the neighborhood present. VI. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow: Arvada Fire Protection District: No objections. Case No. WZ- I 1 -061 L & K Industrial Park Valley Water District: No concerns. Xcel Energy: No objection to cell towers in the adjacent development as long as there is no activity including grading, landscaping or erosion control activities in their existing right -of way. No requirements for a "free fall" area separation from the transmission lines. Wheat Ridge Economic Development :. No objections. Suggested that screening height and materials be upgraded from 6' high cedar originally proposed. Applicant responded back with 8' high block wall. Wheat Ridge Public Works: No objections. Wheat Ridge Urban Renewal Authority: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed amended PID Outline and Final Development Plan is consistent with the City's guiding documents and that it meets the evaluation criteria for an amended ODP approval. For these reasons, a recommendation of approval is given for Case No. WZ -11 -07 with conditions listed below. VIII. SUGGESTED MOTIONS Option A: "I move 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, including property addressed as 10700 West 50' Avenue for the following reasons: 1. Both the Kiping /1 -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: I. Minor language and typographical errors be corrected prior to the City Council public hearing. 2. A note be added indicating that CMRS equipment screening walls can be 8' in height, Option B: "I move to recommend DENIAL 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, including property addressed as 10700 West 50' Avenue for the following reasons: 2. 3. Case No. WZ- l 1-06/ L & K Industrial Park 6 Project Description / Narrative Date: July 18, 2011 Property Owner Applicant Peterson Company T- Mobile West Corporation 10700 W. 50` Ave 7901 E Lowry Blvd, Ste 300 Wheat Ridge, CO 80033 Denver, CO 80230 Applicant Representative ATECS,LLC 7901 E Lowry Blvd, Ste 300 Denver, CO 80230 Project Name: T- Mobile CMRS Facility DN04073D Peterson Company Project Address: 10700 W. 50 Avenue County parcel No.: $1 -1 ��, 0 o Zoning Designation: PID Zoning Process: Amendment to ODP to include a CMRS at 50' in height Proiect Description To enhance current wireless service in the area of 10700 W. 50` Ave, T- Mobile proposes to install a 50 -foot monopole and ground equipment at the above - referenced location. The telecommunications facility will be located on the south side of the property adjacent to the water retention pond. The antennas will be installed on extended arms in a triangular design. The equipment enclosure will be surrounded by a complimentary fence, constructed of similar materials already in place, that will screen the equipment inside. The antenna facility will have space available to accommodate a 2 "d carrier. Once on air, this will be an unmanned facility, requiring infrequent technical maintenance. Project Justification The demand for reliable, in -home cellular service continues as the use of land lines decreases. Demand particularly for seamless service area -to -area is also driving the need to increase call capacity. Emergency 911 calls have increased steadily as more area is tied into 911 emergency services. Federal and local governments encourage that wireless networks continue to expand so that calls for emergency help can be located geographically and responded too as necessary. T- Mobile has identified the area surrounding W. 50 Ave as an area where dropped calls and poor call quality inhibit acceptable reliable service. Therefore, by installing a new site at this location, more reliable call quality including proper hand -off connectivity from wireless site to wireless site will be achieved. FCC Regulations: T- Mobile facilities strictly comply with FCC requirements for cumulative field measurements of radio frequency power densities and electromagnetic fields. EXHIBIT 1 FCC Interference T- Mobile facilities strictly comply with FCC regulations prohibiting localized interference with reception of television and radio broadcasts. Public Safety Interference This proposed T- Mobile facility will not interfere with any public safety frequencies servicing the Wheat Ridge and surrounding areas and residents. Collocation T- Mobile proposes to construct this facility at its maximum height allowed in the PII) of 45 feet, and including an additional 5 feet in height to accommodate acceptable coverage by amending the ODP. The antenna facility will have space available to accommodate a 2 °d carrier. 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I I wo 'fryer a SU ; r =h ~ I ` I I � I• a ; + e� ; 8 G A 1 i to \ t 1 R _ --------- --- - -- - '1 A I xo �t R� t I � : N7tltl1 — •• li } ti wit ` pZg¢ 0 LO � s f � I I 1 I �I1 Z r o `J z a I 1 W w � 3 N I° 'r 1 z E SOWER I I I I I I Z u { w ' o� s� v r o `J z a I 1 W w � 3 N I° 'r z 1 �o L: LINK INDUSTRIAL PARK AMENDMENT #7 AMENDMENT TO THE OUTLINE & FINAL DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE SURVEYOR'S CERTIFICATE !, ROBERT DALEY DO HEREBY CERTIFY THAT THE PROPERTY BOUNDARY INFORMATION SHOWN HEREIN ON THE L &K INDUSTRIAL PARK AMENDMENT #7 OUTLINE DEVELOPMENT PLAN HAS BEEN VERIFIED BY ME AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT AND IN ACCORDANCE WITH THE CITY OF WHEAT RIDGE MUNICIPAL CODE OF LAWS, AND ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION A5 AMENDED. FURTHERMORE, UPON COMPLETION OF THE PROJECT I AGREE TO FURNISH AN AS -BUILT SURVEY ACCURATELY LOCATING ALL CONSTRUCTED ITEMS. ROBERT DALEY 10727 FLAGLER DR. PARKER, CO 80134 State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this - -- Day of 20 - - - -- by ---------- - - - - -. Witness my hand and official seal. My commission expires: A. D. Notary Public (SURVEYORS SEAL) CROSS ACCESS EASEMENT LANGUAGE ADDITIONAL CITY CERTIFICATION Approved this day of_ Ridge City Council. ATTEST City Clerk Mayor Community Development Director by the Wheat COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) ) SS County of Jefferson ) I hereby certify that this plan was filed in the office of The County Clerk and Recorder of Jefferson County at Golden, Colorado at -_ O'Clock 1, M. on the day of A.D., in Book , Page _ , Reception No. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY NOTES 1. DEVELOPMENT WILL OCCUR IN ONE STAGE. 2. PRESENT ZONING IS PID AND ALL SURROUNDING PROPERTIES ARE PID 3. CMRS= COMMERCIAL MOBILE RADIO SERVICE 4. CMRS ACCESSORY STRUCTURES WILL NOT REQUIRE LANDSCAPING, SIGNAGE, LIGHTING, OR PARKING. 5. GROUND MOUNTED CMRS FACILITIES WILL BE IN COMPLIANCE WITH ALL REGULATIONS SET IN CHAPTER 26 613 OF THE CITY CODE. 6. ONLY ONE FREESTANDING CMRS FACILITY WILL BE ALLOWED PER PARCEL. 7. ALL CMRS GROUND — LOCATED EQUIPMENT SHALL BE SCREENED BY AN 8' HIGH SPLIT FACED BLOCK WALL. CASE HISTORY WZ -74 -10 OR10'NAL WZ- 76 - -03 FIRST AMENDMENT WZ -81 -18 SECOND AMENDMENT WZ -83 -08 THIRD AMENDMENT WZ -83 -29 FOURTH AMENDMENT WZ -84 -09 FIFTH AMENDMENT WZ -85 -30 SIXTH AMENDMENT WZ - 1 1 —06 SEVE`JTH AMENDMENT CITY CERTIFICATION Approved this day of_ Ridge City Council. ATTEST City Clerk Mayor Community Development Director by the Wheat COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) ) SS County of Jefferson ) I hereby certify that this plan was filed in the office of The County Clerk and Recorder of Jefferson County at Golden, Colorado at -_ O'Clock 1, M. on the day of A.D., in Book , Page _ , Reception No. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY NOTES 1. DEVELOPMENT WILL OCCUR IN ONE STAGE. 2. PRESENT ZONING IS PID AND ALL SURROUNDING PROPERTIES ARE PID 3. CMRS= COMMERCIAL MOBILE RADIO SERVICE 4. CMRS ACCESSORY STRUCTURES WILL NOT REQUIRE LANDSCAPING, SIGNAGE, LIGHTING, OR PARKING. 5. GROUND MOUNTED CMRS FACILITIES WILL BE IN COMPLIANCE WITH ALL REGULATIONS SET IN CHAPTER 26 613 OF THE CITY CODE. 6. ONLY ONE FREESTANDING CMRS FACILITY WILL BE ALLOWED PER PARCEL. 7. ALL CMRS GROUND — LOCATED EQUIPMENT SHALL BE SCREENED BY AN 8' HIGH SPLIT FACED BLOCK WALL. M BEING A PORTION OF THE SW 114, SE 114, OF SECTION 16 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRIME MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO PLANNING COMMISSION CERTI FI CATION Recommended for approval this I day of , by the Wheat Ridge Planning Commission. Chairperson T— MOBILE_ COMMUNICATIONS OUTLINE & FINAL DEVELOPMENT PLAN AMENDMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO Allowed Uses ALLOWED USES CURRENTLY ACTIVE ON THE PROPERTY AND THOSE LISTED IN CASE NO. WZ -72 -10 SHALL BE ALLOWED. PROPOSED AMENDMENT IS TO ALLOW FOR ACCESSORY STRUCTURES IN THE PID LIMITED TO WIRELESS TELECOMMUNICATION FACILITIES THROUGH THIS AMENDMENT TO THE FINAL DEVELOPMENT PLAN. ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26 -501 OF THE WHEAT RIDGE CODE OF LAWS, EXCEPT FOR GROUND MOUNTED EQUIPMENT SCREENED WITH AN 8' HIGH BLOCK WALL. ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26 -603 OF THE WHEAT RIDGE CODE OF LAWS. EXPLANATION OF AMENDMENT WIRELESS TELECOMMUNICATION FACILITY CONSISTING OF MONOPOLE MOUNTED ANTENNAS AND GROUND BASED EQUIPMENT INSTALLED ON LOT 6 OF BLOCK 3. A TOTAL OF 9 ANTENNAS WILL BE MOUNTED ON THE MONOPOLE IN A TRIANGULAR ARRAY. THE MONOPOLE AND ANTENNAS OVERALL HEIGHT WILL BE 50' -0 ". CURRENT ALLOWED HEIGHT IS 42' -0" WITH THE 50 -0" APPROVED IN THIS AMENDMENT. ADDITIONAL CMRS FACILITIES WILL BE ALLOWED IN THE DEVELOPMENT PROVIDED THAT THE FOLLOWING CAN BE MET: MINIMUM SETBACKS. PROPOSED CMRS TOWERS SHALL NOT BE LOCATED LOCATED IN THE FRONT YARD OF ANY BUILDING. MINIMUM SETBACKS ARE 10' FROM THE SIDE PROPERTY LINES AND 15' FROM THE REAR PROPERTY LINE. CO— LOCATIONS AND BUILDING AND ROOF MOUNTED CMRS FACILITIES ARE ALLOWED AS WELL WITH NO OTHER LAND USE PROCESS REQUIRED BESIDES A BUILDING PERMIT. OWNER'S CERTIFICATE The below signed owner(s), or legally designated agents) thereof, do hereby agree that the property legally described hereon will be developed as a Planned Development in accordance with the uses, restrictions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of a rezoning to Planned Development and approval of this outline development plan, does not create a vested property right Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Wheat Ridge Code of Laws. BILL KUBILUS Peterson Company 10700 West 50th Avenue Wheat Ridge, CO 80033 The owner, his successors and assigns grants limited rights and privileges to access and to free movement through those areas indicated as 'cross— access/ ingress— egress easements', as illustrated upon this plan. Such grant of easement shall be limited to the owners, tenants, customers, and guests of the owners, and shall furthermore grant access to and free movement through said easements to those entering said easements from similarly recorded easements from adjacent properties and /or from abutting public streets. Legal Description T-MOBILE COMMUNICATIONS OUTLINE & FINAL DEVELOPMENT PLAN AMENDMENT PREPARED BY: ZUMA CONSULTANTS 1 05/11/11 PRELIM. ZONING KR 13969 W. 1ST AVE. GOLDEN, CO 80401 2 1 05/17/11 ZONING KR DNO4073D PETERSON CO. 3 05/20/11 REV ZONING KR 4 06/07/11 REV ZONING KR 5 07/14/11 REV ZONING KR DATE OF APPROVAL: 6 08/08/11 REV ZONING KR 7 09/14/11 REV ZONING KR 8 11/08/11 REV ZONING KR M BEING A PORTION OF THE SW 114, SE 114, OF SECTION 16 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRIME MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO PLANNING COMMISSION CERTI FI CATION Recommended for approval this I day of , by the Wheat Ridge Planning Commission. Chairperson T— MOBILE_ COMMUNICATIONS OUTLINE & FINAL DEVELOPMENT PLAN AMENDMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO Allowed Uses ALLOWED USES CURRENTLY ACTIVE ON THE PROPERTY AND THOSE LISTED IN CASE NO. WZ -72 -10 SHALL BE ALLOWED. PROPOSED AMENDMENT IS TO ALLOW FOR ACCESSORY STRUCTURES IN THE PID LIMITED TO WIRELESS TELECOMMUNICATION FACILITIES THROUGH THIS AMENDMENT TO THE FINAL DEVELOPMENT PLAN. ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26 -501 OF THE WHEAT RIDGE CODE OF LAWS, EXCEPT FOR GROUND MOUNTED EQUIPMENT SCREENED WITH AN 8' HIGH BLOCK WALL. ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26 -603 OF THE WHEAT RIDGE CODE OF LAWS. EXPLANATION OF AMENDMENT WIRELESS TELECOMMUNICATION FACILITY CONSISTING OF MONOPOLE MOUNTED ANTENNAS AND GROUND BASED EQUIPMENT INSTALLED ON LOT 6 OF BLOCK 3. A TOTAL OF 9 ANTENNAS WILL BE MOUNTED ON THE MONOPOLE IN A TRIANGULAR ARRAY. THE MONOPOLE AND ANTENNAS OVERALL HEIGHT WILL BE 50' -0 ". CURRENT ALLOWED HEIGHT IS 42' -0" WITH THE 50 -0" APPROVED IN THIS AMENDMENT. ADDITIONAL CMRS FACILITIES WILL BE ALLOWED IN THE DEVELOPMENT PROVIDED THAT THE FOLLOWING CAN BE MET: MINIMUM SETBACKS. PROPOSED CMRS TOWERS SHALL NOT BE LOCATED LOCATED IN THE FRONT YARD OF ANY BUILDING. MINIMUM SETBACKS ARE 10' FROM THE SIDE PROPERTY LINES AND 15' FROM THE REAR PROPERTY LINE. CO— LOCATIONS AND BUILDING AND ROOF MOUNTED CMRS FACILITIES ARE ALLOWED AS WELL WITH NO OTHER LAND USE PROCESS REQUIRED BESIDES A BUILDING PERMIT. OWNER'S CERTIFICATE The below signed owner(s), or legally designated agents) thereof, do hereby agree that the property legally described hereon will be developed as a Planned Development in accordance with the uses, restrictions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of a rezoning to Planned Development and approval of this outline development plan, does not create a vested property right Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Wheat Ridge Code of Laws. BILL KUBILUS Peterson Company 10700 West 50th Avenue Wheat Ridge, CO 80033 The owner, his successors and assigns grants limited rights and privileges to access and to free movement through those areas indicated as 'cross— access/ ingress— egress easements', as illustrated upon this plan. Such grant of easement shall be limited to the owners, tenants, customers, and guests of the owners, and shall furthermore grant access to and free movement through said easements to those entering said easements from similarly recorded easements from adjacent properties and /or from abutting public streets. Legal Description AMENDM S89 °42'00 "E 462.72' W . A L&K INDUSTRIAL PARK AMENDMENT #7 ENT TO THE OUTLINE W FINAL DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE BEING A PORTION OF THE SW 114, SE 114, OF SECTION 16 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRIME MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO S89 E 197.50 I O N N _j_j L0T 3 ZONING: PID BLOCK 3 EX. EASEMENT, TYP. (SEE SHEET 3) S89 0 42'00 "E 188.7 LOT 2 ZONING': PID FLOCK 3 Ln IN CD L N89 00"W 124.00' PROPOSED MONOPOLE SETBACKS SOUTH PROPERTY LINE: 30' -3" WEST PROPERTY LINE: 22' -2" EAST PROPERTY LINE: 246' -2" NORTH PROPERTY LINE: 314' -4" ZONING: P CASE HISTORY WZ -74 -10 Concrete ORIGINAL WZ -76 -03 Barbed Wire Fence FIRST AMENDMENT WZ -81 -18 Chain Link SECOND AMENDMENT WZ -83 -08 Asphalt THIRD AMENDMENT WZ -83 -29 FOURTH AMENDMENT WZ -84 -09 FIFTH AMENDMENT WZ -85 -30 2 SIXTH AMENDMENT WZ- 11 - -06 ZONING SEVENTH AMENDMENT LOT 1 BLOCK 3 PROPOSED INSTALLATION OF NEW MONOPOLE & GROUND BASED EQUIPMENT (SEE SHEET 4) 196.33' LOT s BLOCK 3 — ZONING: PID EXISTING BUILDING: 14,814 SF 260.19' CY) / ( LOT ZONING: PID 7Q I x2j U 57 5 0 5 Al- O O 0 Z LIGHTING STANDARDS: ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26 -501 OF THE WHEAT RIDGE CODE OF LAWS N ' N cP 0 0 v; BLOC` ZONING: PID 0 00 w U 0 c� FENCING STANDARDS: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26 -603 OF THE WHEAT RIDGE CODE OF LAWS EXCEPT THAT GROUND — LOCATED CMRS EQUIPMENT SHALL BE SCREENED BY AN 8' HIGH SPLIT FACED BLOCK WALL. Control Point P Telephone Pedestal Electric Transformer Irrigation Control Box inlet Grate Coniferous Tree 0 Deciduous Tree Light Pole oa Water Valve WV 'C� Fire Hydrant SS Sanitary Manhole Building Edge of Concrete Overhead Electric Barbed Wire Fence Edge of Gravel Path Chain Link Fence Edge of Asphalt Edge of Concrete T-MOB OUT PREPARED BY:ZUMA CONSULTANTS 1 05/11/11 PRELIM. ZONING KR 13969 W. 1ST AVE. - GOLDEN, CO 80401 2 05/17/11 ZONING KR N 3 05/20/11 REV ZONING KR 4 06/07/11 REV ZONING KR 5 07/14/11 REV ZONING KR DATE OF APPROVAL: 6 08/08/11 REV ZONING KR 7 09/14/11 REV ZONING KR R 11/08/11 REV ZONING KR TOPOGRAPHIC v :7s I I1 = =_ t • �8 �i � 536 i � 373 f \ 537 O \ \ M h ! J -J � r HANS ^n SS7oN C r,ER 1 T -MOB ! LE SITE D 040730 SITUATED IN THE SW QUARTEE �C I"lih SECTION COUNTY OF SURVEYOR'S CERTIFICATE I, Robert Daley, a Professional Land Surveyor in the State of Colorado, do hereby certify that the property boundary information shown herein on the L & K Industrial Park Amendment 7 Outline Development Plan has been verified by me and to the best of my knowledge, information and belief, is correct and in accordance with the City of Wheat Ridge Municipal Code of Lows, and ail applicable Colorado statutes, current and revised edition as amended. Furthermore, upon completion of the project I agree to furnish an As -Built survey accurately locating all constructed items. This drawing does not represent a Land Survey, Land Survey Plat, Improvement Land Survey Plat or Improvement Location Certificate and any monuments or boundary lines shown are for information only and are not to be relied on. This survey does not constitute a title search by this surveyor or Daley Land Surveying, Inc. of the property shown and described hereon to determine: 1. Ownership of this tract of land. 2. Rights -of -way, easements and encumbrances recorded or unrecorded affecting this tract of land. f th' d scr' tion with those of adjacent tracts of land. SE QUA jjH op ] JEFFERSON, STATE Off' COLO N c— — � — �?, :S s NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER - N89'30'0 i "E 1329.7$ S ?5'27'12 E W. 50T A VE. _ N89 °30'01 " "E 462 .72' N89 30 0 ' ' 1 E 197.50' 42.32" - -- - — 7 - �--- -------- - - -�'- -- 1 7, I I ---- - - - - -� I j r— j j I I J. Compat7bri7ty o s e p rP Job No. 0802 -060 L For and on behalf of Daley Land Surveying, ® 10727 Flagler Dr. LEGAL DESCRIPTION --PARENT TRACT Parker CO. 80134 per Title Commitment No. 5509-1707120 doted 4-18-2011 by First American Title Company: LAI f, Robert Daley, PLS 35597 That part of L & K industrial Park Amended, described as follows: Water Valve Lots 4, 5 and 6, Block 3, L & K Industrial Park Amended, a parcel of land in the Southwest Quarter of the NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than Jefferson County, Colorado, described as follows: you ten from the date of the certification shown hereon. ' years -- - - - - - -� point being located South 44 degrees 33 minutes 13 seconds East, 42.32 feet from the Northwest corner this survey are referenced to the City of Wheat Ridge Horizontal Control Datum, being a ground based modified of the Southwest Quarter of the Southeast Quarter of said Section 16, as marked by a one -half inch The bearings shown on the NAD83 HARN Colorado State Plane Coordinate System. These bearings differ from those provided in the title commitment. square steel pin; Thence along said Southerly right of way line of West 50th Avenue South 89 degrees 42 form of City Wheat Ridge to Plot or Title commitment: counterclockwise 0 °47'59 ". Tie to City of Wheatridge Control Station PHAC 4 minutes East, 660.22 feet to a point; Thence along lands known as Block 2, L & K industrial Park - - ---- - - - - from Northeast corner of Public Service Company as per Deed in Book 744 at Page 56 of the Jefferson County records, South 74 degrees 50 minutes 58 seconds West, 269.37 feet to a point; Thence along said lands known as Lot 1, VERTICAL DATUM NAVD88 originating of the C ity of Wheatridge Control Station PHAC 4, published elevation 5375.38. Block 3, L & K Industrial Park Amended, North 00 degrees 18 minutes East, 178.49 feet to a point; Elevations show on this survey are Thence along said lands known as Lot 5, Block 3, L & K Industrial Pork Amended, North 89 degrees 42 minutes West, 124.00 feet to a point; Thence along said lands known as Lot 2, Block a', L & K Industrial UTILITIES: readily visible upon the ground, such as manholes, power and light poles, inlets, etc. were located by field Park Amended, North 00 degrees 18 minutes East, 195.00 feet to a point; Thence along some North 89 The utilities which are degrees 42 minutes West 275.00 feet to a point; Thence along said Easterly right of way line of Oak surveys and shown hereon. Street, North 00 degrees 35 minutes 34 seconds East, 203.55 feet to the point of beginning, County of Jefferson, State of Colorado SURVEYORS NOTES: be defect in the legal description provided in Title Commitment No. 5509 - 1707120, dated 4 -18 -2011 by First Containing 22.500 acres more or less. There appears to a American Title Company. The parcel is described as "That of L & K Industrial Park Amended, described as follows: Lots 4, 5 part and 6, Block 3, L & K Industrial Park Amended, a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 16, ". "more Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado This is followed by a LOT 4 I I PARENT TRACT: l I r I BLOCK 3 I N I I I LOTS 4, 5 AND 6, BLOCK 3, I 1= I t o 1 I II' 0 L & K INDUSTRIAL PARK AMENDED LOT 3 3c j II BLOCK 3 - . I I I F` LO I CL_ I I I "E 1 N89 °30'01 188 - - - I - -- - - -' - N I BLOCK 2 i �-- - - - --I I I C - - - -- I i LOT 2 ' I BLOCK 3 � ( _ / r ------ — I 7 N �� — - - - - - J LOT 5 I ( o c „ I I BLOCK 3 I I I /. >/ !. Su ,N�JE VAl LE ' E45"EMENT NA! ` I2 � � I KIL - / � / i ud6 BOiLDING I PLP PST Mr N � P560 I a2ss, i------------------- -'.------- `- -- - - -J I L —.� — — -- I--------`— ..".-- --- - - --." �� i `- I---- --- - - - -- - --.. — — ' � — ._.... —. — �-- / ---- - - - - -- —,� -- 889 ° 30'01 ° W 124 ------- _°- 26 -- � r I -00' (� ----------- ------------- / LOT 6 9) BLOCK 3 w LOT 1 BLOCK 3 a PROJECT °z SITE 2 gg.3 1 5� 4025g„w J. Compat7bri7ty o s e p rP Job No. 0802 -060 L For and on behalf of Daley Land Surveying, ® 10727 Flagler Dr. LEGAL DESCRIPTION --PARENT TRACT Parker CO. 80134 per Title Commitment No. 5509-1707120 doted 4-18-2011 by First American Title Company: 303 953 9841 Robert Daley, PLS 35597 That part of L & K industrial Park Amended, described as follows: Water Valve Lots 4, 5 and 6, Block 3, L & K Industrial Park Amended, a parcel of land in the Southwest Quarter of the NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than Jefferson County, Colorado, described as follows: you ten from the date of the certification shown hereon. Beginning at a point at the intersection of the Southerly right of way line of West 50th Avenue and the years Easterly right of way line of Oak Street, both 30 foot rights of way dedicated December 27, 1974, said BASIS OF BEARINGS: point being located South 44 degrees 33 minutes 13 seconds East, 42.32 feet from the Northwest corner this survey are referenced to the City of Wheat Ridge Horizontal Control Datum, being a ground based modified of the Southwest Quarter of the Southeast Quarter of said Section 16, as marked by a one -half inch The bearings shown on the NAD83 HARN Colorado State Plane Coordinate System. These bearings differ from those provided in the title commitment. square steel pin; Thence along said Southerly right of way line of West 50th Avenue South 89 degrees 42 form of City Wheat Ridge to Plot or Title commitment: counterclockwise 0 °47'59 ". Tie to City of Wheatridge Control Station PHAC 4 minutes East, 660.22 feet to a point; Thence along lands known as Block 2, L & K industrial Park Rotation, of Lot 4, Block 3: S22 °56'38 "E 1868.0' Amended, South 00 degrees 35 minutes 51 seconds West, 505.28 feet to a point; Thence along lands of from Northeast corner of Public Service Company as per Deed in Book 744 at Page 56 of the Jefferson County records, South 74 degrees 50 minutes 58 seconds West, 269.37 feet to a point; Thence along said lands known as Lot 1, VERTICAL DATUM NAVD88 originating of the C ity of Wheatridge Control Station PHAC 4, published elevation 5375.38. Block 3, L & K Industrial Park Amended, North 00 degrees 18 minutes East, 178.49 feet to a point; Elevations show on this survey are Thence along said lands known as Lot 5, Block 3, L & K Industrial Pork Amended, North 89 degrees 42 minutes West, 124.00 feet to a point; Thence along said lands known as Lot 2, Block a', L & K Industrial UTILITIES: readily visible upon the ground, such as manholes, power and light poles, inlets, etc. were located by field Park Amended, North 00 degrees 18 minutes East, 195.00 feet to a point; Thence along some North 89 The utilities which are degrees 42 minutes West 275.00 feet to a point; Thence along said Easterly right of way line of Oak surveys and shown hereon. Street, North 00 degrees 35 minutes 34 seconds East, 203.55 feet to the point of beginning, County of Jefferson, State of Colorado SURVEYORS NOTES: be defect in the legal description provided in Title Commitment No. 5509 - 1707120, dated 4 -18 -2011 by First Containing 22.500 acres more or less. There appears to a American Title Company. The parcel is described as "That of L & K Industrial Park Amended, described as follows: Lots 4, 5 part and 6, Block 3, L & K Industrial Park Amended, a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 16, ". "more Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado This is followed by a particularly" description which includes Lot 3, as well as Lots 4, 5 and 6 of L & K Subdivision. Control Point rP Telephone Pedestal L Electric Transformer Irrigation Control Box ® Inlet Grate Coniferous Tree 0 Deciduous Tree Light Pole Water Valve WV 'Cf Fire Hydrant SS Sanitary Manhole I� D Building Edge of Concrete o Overhead Electric — x —X— Barbed Wire Fence -------- - - - - -- Edge of Gravel Path 0 o Chain Link Fence Edge of Asphalt Edge of Concrete ECT INFORMATION: — PETERSON COMPANY DN04073D 10700 W. 50TH AVE. WHEAT RIDGE, CO. 80033 JEFFERSON COUNTY CURRENT ISSUE DATE: 11/08/11 , ISSUED FOR: - ZONING r�rr+�nrnTtr�r. nv. t'CCV.. —VHI C. VLJVi Vi IIViv. vr. L\ 0 ,PLANS PKEPAKEU BY EET TITLE LAID SURVEY SCALES SET FOR A 24 "x36" ° 'D" SIZE SHEET SHEET NUMBER: - o z ASPHALT ACCESS/ , N STORAGE AREA Q \ 4' -0" I le c S LANDSCAPE) GRASS AREA I 4- APPROX. PROPERTY LINE, TYP. I I� I I �I ! N � I CUT BACK EXISTING SLOPE TO ALLOW FOR 12' GRAVEL ACCESS NEW T— MOBILE ACCESS & UTILITY ROUTE S 8 4 EX. TREE, TYP. s PROPOSED MONOPO SETBACKS SOUTH PROPERTY LINE: 30' -3" WEST PROPERTY LINE: 22' -2" EAST PROPERTY LINE: 246' -2" NORTH PROPERTY LINE: 31 - 4" I \ NEW U/G ELEC. & TELCO RUNS (ROUTE TBD) EX. TREE, TYP. RELOCATE EXISTING LANDSCAPE IRRIGATION AS NECESSARY \—F— NEW T— MOBILE CEDAR FENCE APPROX. PROPERTY LINE, TYP. `'/ OE j m — POND ,T EX. TRANSMISSI TO" 5' 0 10' 20' 30' [ h M WA LK ll .; . MI 1" = iD' —D" SCALE: 1"= 10'—O" AZIMUTH 26`. NEW T— MOBILE MW ANTENNA T— MOBILE . OCATABLE POLE AZIMUTH X00' N T— MOBILE TENNA, TYP. 2' 0 4' 8' 12' 1/4» = 1' —D SCALE: 1/4"=l'—O" RELOCATE EXISTING LANDSCAPE IRRIGATION AS NECESSARY NEW T— MOBILE 8' -0" STEEL DOUBLE GATE (PAINT TO MATCH) NEW T— MOBILE ACCESS & UTILITY ROUTE NEW T— MOBILE U/G ELEC. & TELCO RUNS (ROUTE TBD) I 12' -0" SEX. TREE I NEW T— MOBILE CONCRETE EQUIPMENT PAD (SLOPE TO GATE) _ - -- NEW T— MOBILE I- - - - - -- I _ _ 1 NEW T — MOBILE METER &� DISCONNECT ON H —FRAME l � NEW T— MOBILE CIENNA OR RAC24 /I FIBER CABINET ON H —FRAME NEW T— MOBILE STACKED PPC & TELCO CABINETS ON H —FRAME � I NEW T— MOBILE —/ I GPS ANTENNA NEW T— MOBILE LEASE - ` x I —NEW T— MOBILE - BTS CABINET, TYP. I x x I i NEW T— MOBILE T SPLIT FACED I BLOCK EQUIPMENT x I ENCLOSURE W/ CONCRETE CAP x I I " OI o ^ I ! I x xI I I I x� II �j ---- NEW T— MOBILE I BBU, TYP. x - NEW T— MOBILE x CABLE TRAY AREA (450 SF) 12' -0" _ L - -- - - - - -- -J' 15' -0" NEW T— MOBILE SERVICE LIGHT, TYP. X3 114" = 1' -0" NEW T— MOBILE CO— LOCATABLE MONOPOLE (SEE DET. 2/A1) 2' 0 4' 8' 12' SCALE: 1/4"=l'—O" i 1 N CURRENT ISSUE DATE: 11/08/11 , ISSUED FOR: ZONING ,RFV -: =DATE: F)F'SrRIPTinN•--- -,-RY- 05/11/11 PRELIM. ZONING KR�I, 05/17/11 ZONING KR zi 05/20/11 REV ZONING KR 06/07/11 REV ZONING KR A 07/14/11 REV ZONING KR A 08/08/11 REV ZONING KR 09/14/11 REV ZONING KR ® 11/08/11 REV ZONING KR 0 HEFT TITL DEVELOPMENT AREA, ANTENNA DETAIL & EQUIPMENT PLAN SCALES SET FOR A 24 "x36" "D" SIZE SHEET SHEET NUMBER: UI ll1j11111111 Il�mmm�nmtl mmis IVLVY I - IVIVL ILL ANTENNA FRAME FLEX! UN,TS IN I F / # 1 1 #2 x x x x x z�xT -x -x -x x I —NEW T— MOBILE - BTS CABINET, TYP. I x x I i NEW T— MOBILE T SPLIT FACED I BLOCK EQUIPMENT x I ENCLOSURE W/ CONCRETE CAP x I I " OI o ^ I ! I x xI I I I x� II �j ---- NEW T— MOBILE I BBU, TYP. x - NEW T— MOBILE x CABLE TRAY AREA (450 SF) 12' -0" _ L - -- - - - - -- -J' 15' -0" NEW T— MOBILE SERVICE LIGHT, TYP. X3 114" = 1' -0" NEW T— MOBILE CO— LOCATABLE MONOPOLE (SEE DET. 2/A1) 2' 0 4' 8' 12' SCALE: 1/4"=l'—O" i 1 N CURRENT ISSUE DATE: 11/08/11 , ISSUED FOR: ZONING ,RFV -: =DATE: F)F'SrRIPTinN•--- -,-RY- 05/11/11 PRELIM. ZONING KR�I, 05/17/11 ZONING KR zi 05/20/11 REV ZONING KR 06/07/11 REV ZONING KR A 07/14/11 REV ZONING KR A 08/08/11 REV ZONING KR 09/14/11 REV ZONING KR ® 11/08/11 REV ZONING KR 0 HEFT TITL DEVELOPMENT AREA, ANTENNA DETAIL & EQUIPMENT PLAN SCALES SET FOR A 24 "x36" "D" SIZE SHEET SHEET NUMBER: UI ll1j11111111 Il�mmm�nmtl mmis IVLVY I - IVIVL ILL ANTENNA FRAME FLEX! UN,TS IN I F FCOA CABINET AREA (450 SF) 12' -0" _ L - -- - - - - -- -J' 15' -0" NEW T— MOBILE SERVICE LIGHT, TYP. X3 114" = 1' -0" NEW T— MOBILE CO— LOCATABLE MONOPOLE (SEE DET. 2/A1) 2' 0 4' 8' 12' SCALE: 1/4"=l'—O" i 1 N CURRENT ISSUE DATE: 11/08/11 , ISSUED FOR: ZONING ,RFV -: =DATE: F)F'SrRIPTinN•--- -,-RY- 05/11/11 PRELIM. ZONING KR�I, 05/17/11 ZONING KR zi 05/20/11 REV ZONING KR 06/07/11 REV ZONING KR A 07/14/11 REV ZONING KR A 08/08/11 REV ZONING KR 09/14/11 REV ZONING KR ® 11/08/11 REV ZONING KR 0 HEFT TITL DEVELOPMENT AREA, ANTENNA DETAIL & EQUIPMENT PLAN SCALES SET FOR A 24 "x36" "D" SIZE SHEET SHEET NUMBER: UI ll1j11111111 Il�mmm�nmtl mmis IVLVY I - IVIVL ILL ANTENNA FRAME HEFT TITL DEVELOPMENT AREA, ANTENNA DETAIL & EQUIPMENT PLAN SCALES SET FOR A 24 "x36" "D" SIZE SHEET SHEET NUMBER: UI ll1j11111111 Il�mmm�nmtl mmis IVLVY I - IVIVL ILL ANTENNA FRAME PETERSON COMPANY DN04073D 10700 W. 50TH AVE. WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CURRENT ISSUE DATE: 11/08/11 , ISSUED FOR: ZONING .RFV.: =DATE: DFSC;RIPTION --,-RY T.O. M ONOPOL E ', T.O. MONOP ELEV. 50' -0" ELEV. 50' -0" C.L. A C.L. A NTENNA S ELEV. 47' -0" ELEV. 47' -0" NEW T— MOBILE ANTENNA, TYP. NEW T— MOBILE CO— LOCATABLE MONOPOLE NEW T— MOBILE CO— LOCATABLE MONOPOLE 0 05/11/1 PRELIM. ZONING KR A 05/17/11 ZONING KR U 05/20/11 REV ZONING KR 06/07/11 REV ZONING KR A 07/14/11 REV ZONING KR A 08 /08/11 REV ZONING KR �j 09/14/11 REV ZONING KR 11/08/11 REV ZONING KR RAWN BY: CHK.: APV.: KR KS KS CENSU EX. TREE T.O. WALL ELEV. 8'-0 NEW T— MOBILE UTILITY EQUIPMENT NEW T— MOBILE EQUIPMENT CABINETS ON A CONCRETE SLAB (NOT VISIBLE) NEW T— MOBILE MW ANTENNA FUTURE CO— LOCATION AREA NEW T— MOBILE —' -- NEW T— MOBILE MW ANTENNA ANTENNA, TYP. ,- FUTURE CO— LOCATION AREA NEW T— MOBILE SPLIT FACED BLOCK W/ CONCRETE CAP EQUIPMENT ENCLOSURE EX. GRADE ELEV. 0' -0" N 3115" = 1' -0" T ELEVATIO (2 2.5' 0 5' _ 10' 15' SCALE: 3/16 " =1' -0" HE T NORTH & WEST ELEVATIONS SCALES SET FOR A 24"x36" "C" SIZE SHEET SHEET NUMBER: ff jjpnnmanuutoDt I�iIitlllanuuUn�� � °I �II�Ulnunmluil1 11 � NEW T— MOBILE EQUIPMENT CABINETS ON A CONCRETE SLAB (NOT VISIBLE) NEW T— MOBILE STEEL GATE (PAINT TO MATCH) EX. TREE NEW T— MOBILE / - -NEW T— MOBILE SPLIT FACED UTILITY BLOCK W/ CONCRETE CAP EQUIPMENT EQUIPMENT ENCLOSURE T.O WA ELEV. 8' -0" EX. GRADE ELEV. 0' -0" Proposed T Mobile nopole & Antennas ; ? C:l Zum Consul'-- T"^ T- Mobile Site Name: Peterson Company T- Mobile Site Number: DNO4O73D Prnn —t nf T 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 (This photo simulation is fbr i F V u I R I T �; Existing View To The North From Frontage Road Proposed T- Mobile Monopole With Cedar Equipment Enclosure At Base T- Mobile Site Name: Peterson Company T- Mobile Site Number: DNO4073D SUL ; 4! Zuma Consultants Inc. Property of. T • ■ Mobile' 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 (This photo simulation is for illustrative purposes only) Proposed T- Mobile Monopole With Antennas Existing View To The Southwest From W. 50th Ave. 1 IVIVIIVpVIC VVIUIf'►1=1111aJ � o V LAr r'n POSTING CERTIFICATION CASE NO. wZ - 1 I- o ho C Z OR Phi PLANNING COMMSSION CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: '& � - Zb , 2 U I, �iE�� VJA xN�/Z, (name residing at � ° ( L o ts� Co (address) as the applicant for Case No. w Z - I G , hereby certify that I have posted the Notice of Public Hearing at D C-- t�A (L (C) CA f l C> C (location) on this 1 44r day of 20 I ( , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signatur' NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. PDPP LLC LEE KUNZ DEVELOPMENT LLC PETERSON COMPANY 4975 MILLER ST 4096 YOUNGFIELD ST 5000 OAK ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 047 0002 3336 2760 7011 0470 0002 3336 2784 7011 0470 0002 3336 2777 COLORADO INDUSTRIAL E N K LLC DUBOIS ROBERT L PORTFOLIO LLC 12315 W 54TH DR 4951 MILLER ST 1512 LARIMER ST 325 ARVADA CO 80002 WHEAT RIDGE CO 80033 DENVER CO 80202 7011 0470 0002 3336 2814 7011 0470 0002 3336 2791 7011 0470 0002 3336 2807 NEW WORLD VENTURES LLC FICCO INVESTMENT CO LLC 4859 MILLER ST Er LLC % ACCTS PAYABLE 3650 VANCE ST 1 4859 MIL 5875 N ROGERS AVE WHEAT RIDGE CO 80033 WHEAT RI O 80033 CHICAGO IL 60646 7 ❑],1 ❑47❑ ❑❑ ❑2 3336 2838 7011 0470 0002 3336 2821 GASHAM R W SIX OAK LIMITED PARTNERSHIP % KEW REALTY CORP 11445 I -70 FRONTAGE RD 300 S JACKSON ST 550 WHEAT RIDGE CO 80033 DENVER CO 80209 7011 0470 0002 3336 2869 7011 0470 0002 3336 2845 7011 0470 0002 3336 2852 TO x . - - City of `)`lheat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE November 14, 2011 Dear Property Owner: This is to inform you of Case No. WZ -11 -06 which is a request for approval of an Outline and Final Development Plan Amendment for property zoned Planned Industrial Development (PID) and located at 10700 West 50th Avenue. This case was originally scheduled for a public hearing before City Council on November 14th. It has been moved to the November 28th City Council meeting. The meeting starts at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and /or submit written comments. If you are a property owner within 100 feet of this property and immediately adjacent to this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. 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. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WZ 1106.doc www.d.whestridge.co.us City Whea t �dge ITEM NO: DATE: October 10, 2011 V REQUEST FOR CITY COUNCIL ACTION OG 0 000 TITLE: COUNCIL BILL NO. 31 -2011 - AN ORDINANCE AMENDING A COMBINED OUTLINE AND FINAL DEVELPOMENT PLAN FOR PROPERTY ZONED PLANNED INDUSTRIAL DEVELOPMENT LOCATED WITHIN THE L & K INDUSTRIAL PARK AND SPECIFICALLY, 10700 W. 50 AVENUE (CASE NO. WZ- 11- 06 /ATECS FOR T- MOBILE) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (10/10/2011) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (11/28/2011) ❑ RESOLUTIONS QUASI- JUDICIAL: ® YES ❑ NO �1_jk P - kj ommu ty De elo nt Direc City Manager ISSUE: The applicant is requesting approval of an amended Outline and Final Development for property zoned Planned Industrial Development (PID) located within the L & K Industrial Park and specifically, 10700 W. 50th Avenue. The property known as L & K Industrial Park was zoned to Planned Industrial Development in 1974. The development which is located on the south side of 50 extending from Miller Street west to Oak allows for a wide range of industrial, warehouse and commercial uses and currently includes six buildings with various businesses and two detention ponds. The purpose of this ODP amendment is to modify the underlying zoning to allow Commercial Mobile Radio Service (CMRS) towers up to 50' in height. In this case, the change of zoning conditions is the proposed modification to the height standards, fencing standards and the ability to have accessory structures (CMRS towers) in the industrial park. Case No. WZ- 11- 06 /Atecs for T- Mobile Council Action Form October 10, 2011 Page 2 Adoption of the attached council bill on first reading sets the public hearing to consider this request on November 28, 2011. PRIOR ACTION: Because this case was processed under the old zoning regulations (prior to the current provisions for concept and specific outline development plans with an administrative final development plan), it is being modified using the old process for a combined outline and final plan amendment requiring public hearings. The Planning Commission will review this case at a public hearing held on October 6, 2011. Their recommendation will be included in the Council Action Form prepared for the second reading in front of City Council. Copies of the Planning Commission staff report and meeting minutes will be provided at second reading. FINANCIAL IMPACT: Fees in the amount of $1900 were collected for the review and processing of Case No. WZ -I 1- 06. If the proposed ODP/FDP plan amendment is approved and the tower(s) constructed, there would be lease revenues available to private property owners and personal service benefits to those cell phone customers in the area using this provider. BACKGROUND: The subject parcel, located south of the structure at 10700 W. 50` and its ancillary outside structure, contains a detention pond and is located at the middle of the overall development's southern boundary line. The parcel is one of three owned by Peterson Company which processes and distributes metal products. The building at 10700 W. 50` is 17,554 square feet in size and was the most recently constructed in the industrial park, having been built in 2006. While the applicant is interested in construction of a CMRS tower on the southern lot of the Peterson Company ownership, Staff thought it prudent to amend the entire PID in case other opportunities for additional tower placements occur. The amendment would allow building and rooftop CMRS facilities as well. This will be the seventh amendment to the original PID zoning document. Parcels north of the subject property across W. 50` Avenue, are also zoned PID and include the Rocky Mountain Bottling Company. To the south is a right -of -way zoned Agricultural -One that contains a series of Xcel Energy transmission towers and power lines. Staff estimates that these transmission towers are over 100' tall. To the east across Miller Street is the Arvada Ridge Market Place in the City of Arvada. To the west are properties zoned commercially and agriculturally (C -1 and A -1). The proposed ODP/FDP amendment is consistent with the policies and goals in the I- 70 1Kipling Corridor Urban Renewal Plan and the City's comprehensive plan— Envision Wheat Ridge. Both Council Action Form October 10, 2011 Page 3 plans designate the property as within an employment area which is described as existing light manufacturing, storage, warehouse, and other industrial - related uses. This application has been through the standard referral process with no items of concern raised. Xcel Energy, which has a major tran smission line directly to the south, has indicated that they have no objection to the tower as long as there is no activity including grading, landscaping or erosion control activities in their existing right -of way. They are not requiring a "free fall" area separation from the transmission lines. RECOMMENDED MOTION: "I move to approve Council Bill No. 31 -2011 an ordinance amending a combined Outline and Final Development Plan for property zoned Planned Industrial Development located in the L & K Industrial Park and specifically, 10700 W. 50` Avenue (Case No. WZ -11- 06/ATECS for T- Mobile) on first reading, order it published, public hearing set for Monday, November 28, 2011 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to deny Council Bill No. 31 -2011 an ordinance amending a combined Outline and Final Development Plan for property zoned Planned Industrial Development located in the L & K Industrial Park and specifically, 10700 W. 50` Avenue (Case No. WZ -11- 06 /ATECS for T- Mobile) for the following reason(s) " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 31 -2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 30 Ordinance No. Series of 2011 TITLE: AN ORDINANCE AMENDING A COMBINED OUTLINE AND FINAL DEVELPOMENT PLAN FOR PROPERTY ZONED PLANNED INDUSTRIAL DEVELOPMENT LOCATED WITHIN THE L & K INDUSTRIAL PARK AND SPECIFICALLY, 10700 W. 50 AVENUE (CASE NO. WZ- 11- 06 /ATECS FOR T- MOBILE) WHEREAS, the property located within the L & K Industrial Park was rezoned to Planned Industrial Development in 1974; and, WHEREAS, the Combined Outline and Final Development Plan controls development standards, allowed buildings and uses in the industrial park; and, WHEREAS, this document has specific height limitations and does not allow accessory structures; and, WHEREAS, a land use application has been filed for an amendment to the Combined Outline and Final Development Plan to allow accessory structures (CMRS facilities) up to 50' in height. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by ATECS for T- Mobile, approval of an amendment to a Planned Industrial Development (PID) combined Outline and Final Development Plan for property located within the L & K Industrial Park and specifically, 10700 W. 50 Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an amendment to a PID Combined Outline and Final Development Plan is hereby approved for the following described property: BLOCKS 1 & 2 AND LOTS 1, 2, 3, 4, 5 & 6 OF BLOCK 3 OF L & K INDUSTRIAL PARK AMENDMENT 6, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this amendment to a Combined Outline and Final Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and Attachment 1 for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to 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 November 28, 2011, at 7:00 o'clock 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 28 day of November, 2011. SIGNED by the Mayor on this day of Jerry DiTullio, Mayor 2011. Michael Snow, City Clerk 1 St publication: 2nd publication: Wheat Ridge Transcript Effective Date: Approved as to form by City Attorney Gerald Dahl, City Attorney 2 City Of W heat 1�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building October 19, 2011 Steve Warner 7901 E. Lowry Blvd., #300 Denver, CO 80230 Dear Steve. 7500 W. 29' Ave. Wheat Ridge, CO 80033 - 8001 P: 303.235.2846 F: 303.235.2857 At its meeting of October 6, 2011, Planning Commission recommended 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, including property addressed as 10700 West 50` Avenue, for the following reasons: Both the Kipling/I -70 Urban Renewal Plan and Envision Wheat Ridge support the amendment. 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. Your request for approval of an amended Outline and Final Development Plan is scheduled for public hearing before City Council at 7:00 p.m. on November 28, 2011 Eighteen (18) copies of the full- sized, pre - folded outline development plans plus one (1) reduced set of plans are required by November 10th. Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosure: Draft of Minutes cc: Peterson Co. 10700 W. 50' Ave. Wheat Ridge, CO 80033 WZ -11 -06 (case file) W Z I I o6.doc www.ci.wheatridge.co.us 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 F T 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. V 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 N i ■' f4t 'fir ";,,„ ;,�c, � � ' ■ , i . . t f a „ aaa R s ■ or t, al d C ° J• f,; �I 9 � � i } } s4 4 O .f ■ a t - � as. s I `f r ,Ri lot mt-lb�l 6 - Y ■ �� 1 1 J • g FS � �� �� �� � n r 1,� • _ Y _ '�+ • � A . hir 4 id 1! CI • s. 2 wt ■ Is 1. 4 s i h • y Ln • - .. a - . -. ' l LI i fu a l ga �_ Us 1*1 _AVW., OVI. E � I r C.7 P � oo sommCs aRIi w ADValOK4L Atgaw-ol SM rxp{ Tloh W AvEArurFXr SK ow "*s cC r,FK T aNe cay cEwrrrAmm O.rili AC' T • -Mobilw .Max of th LAND 50P.Ty 3 ZOWNG A au ra N: - a3m— DEMbPMW AMA, AMTEW 004. & EOLB EW PLAN 0 TOPOGRAPHIC SURVEY T—MOBILE SITE DN04073D _ PETERSON COMPANY SITUATED IN THE SW QUARTER OF THE SE QUARTER Or SECTION 16. T.3S.. R.6911.. 8TH P.Y. rmt nv jePV nw —w ov rniAB?Ann — R MEMO ISE T • -Mobilw .Max of th LAND 50P.Ty 3 ZOWNG A au ra N: - a3m— DEMbPMW AMA, AMTEW 004. & EOLB EW PLAN 0 TOPOGRAPHIC SURVEY T—MOBILE SITE DN04073D _ PETERSON COMPANY SITUATED IN THE SW QUARTER OF THE SE QUARTER Or SECTION 16. T.3S.. R.6911.. 8TH P.Y. rmt nv jePV nw —w ov rniAB?Ann LEC END 0 R MEMO ISE LEC END 0 E E.sW V Nwr To TM •olYlw.w1 from W 1pnA- PiapoM T -Mahn Mo--. "I' Mtennws .� - T - _Mobile - n IYC�"fG"L�� TL^JOa ItC:_:.mO •v `sm� It Wm7 6'7 � E E.sW V Nwr To TM •olYlw.w1 from W 1pnA- PiapoM T -Mahn Mo--. "I' Mtennws .� - T - _Mobile - Photo simulation from Oak Street Zone Change Criteria • Current zoning is PID • Existing ODP /FDP restricts height and allowance for accessory structures • Consistent with Urban Renewal plan and Envision Wheat Ridge • No impact to traffic, drainage or light and air • All agencies have no objections • Criteria used to evaluate ODP amendment support the request Agency referrals AFPD: No objections Valley Water: No objections WR Public Works: No objections RWR: No objections WR Eco Devo: No objections. Suggested upgraded screening. Xcel Energy: No objections so long as no impact from grading, landscaping, erosion control activities to their r -o -w. Staff recommendation Approval with the following conditions: -Minor language and typos be corrected. -Note be added that CMRS screening can be 8' high 44'� City of "� `JET heat j�is ge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: October 6, 2011 CASE NO. & NAME: WZ -11 -06 / ATECS for T- Mobile (L & K Industrial Park) ACTION REQUESTED: Approval of an amended, combined ODP and FDP on property zoned Planned Industrial Development (PID) LOCATION OF REQUEST: 10700 W. 50"' Avenue and other lots in the L & K Industrial Park APPLICANT(S): Atecs for T- Mobile PROPERTY OWNER(S): Various APPROXIMATE AREA: 1.3.9 Acres PRESENT ZONING: PID (Planned Industrial Development) PRESENT LAND USE: Various industrial office /warehouse uses COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP 1 3.� 10700 W. 50 "' Ave. Case No. WZ -11 -06 / L & K Industrial Park JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of an amended Outline and Final Development for property located specifically at 10700 W. 50 Avenue but applicable to all lots within the L & K Industrial Park. The purpose of the ODP amendment is to modify the underlying zoning to allow accessory structures (CMRS towers) up to 50' in height. Pursuant to Section 26- 112.B.2., a zone change process is required when changing the conditions of an existing zone district where those conditions were established or not addressed by a previous zoning action. In this case, the change of zoning conditions is the proposed modification to the height standards, fencing standards and the ability to have accessory structures (CMRS towers) in the industrial park. (Exhibit 1, Letter of Request) Because this case was processed under the old zoning regulations (prior to the current provisions for Concept and Specific Outline Development Plans with an administrative Final Development Plan), it is being modified using the old process for a combined Outline and Final plan amendment reviewed through a public hearing process. Pursuant to Section 26 -311 of the planned development regulations, where there are multiple owners, applications for amendment to an ODP must be approved in writing by 25% of the property owners. There are currently 13 property owners within the development; four of the owners have submitted signed, notarized land use applications, therefore, this standard has been met. II. EXISTING CONDITIONS/PROPERTY HISTORY Existing Site Conditions: The property is located at 10700 W. 50 Avenue and is zoned Planned Industrial Development (PID). The site is part of the L &K Industrial Park; a planned development originally zoned and approved in 1974. The development which is located on the south side of 50`" extending from Miller Street west to Oak allows for a wide range of industrial, warehouse and commercial uses and currently includes six buildings with various businesses and two detention ponds. The subject parcel, located south of the structure at 10700 W. 50 and its ancillary outside structure, contains a detention pond and is located at the middle of the overall development's southern boundary line. The parcel is one of three owned by Peterson Company which processes and distributes metal products. The building at 10700 W. 50 17,554 square feet in size, was the most recently constructed in the industrial park, having been built in 2006. While the applicant is interested in construction of a CMRS tower on the southern lot of the Peterson Company ownership, Staff thought it prudent to amend the entire PID in case other opportunities for additional tower placement occur. The amendment would allow building and rooftop CMRS facilities as well. (Exhibit 2, Ownership aerial) This will be the seventh amendment to the original PID zoning (Exhibit 3, L & K Industrial Park, amendment 6) Case No. WZ- 11 -06/ L & K Industrial Park Surrounding Zoning and Land Use Parcels north of the subject property across W. 5e Avenue, are also zoned PID and include the Rocky Mountain Bottling Company. To the south is a right -of -way zoned Agricultural-One that contains a series of Xcel Energy transmission towers and power lines. Staff estimates that these transmission towers are over 100' tall. To the east across Miller Street is the Arvada Ridge Market Place in the City of Arvada. To the west are properties zoned commercially and agriculturally (C -1 and A -1). III. COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN The applicant has provided a five sheet combined Outline and Final development plan document (Exhibit 4, ODP/FDP document). Sheet 1 contains the legal description and required certification blocks. Language has been included indicating the ODP/FDP is being amended to allow CMRS facilities (both freestanding and structure - mounted) up to 50' in height. This sheet also addresses the development standards being modified. Staff would note that language should be added requiring 8' high solid fencing/walls around accessory ground mounted equipment cabinets. This has been added to the recommended motion for approval. A note has been added disallowing towers in the front yard of buildings and requires the following setbacks: 10' from side property lines and 15' from rear property lines. Sheet 2 of the plan set shows a site plan for the southern lot of the Peterson Company ownership, where the cell tower will be located. Sheet 3 provides topography data. Sheet 4 shows a detail of the proposed tower location on the southern lot of the Peterson Company ownership. This parcel is currently devoid of structures but there is a large detention facility on the property which provides drainage functions for the entire development. The proposed improvements include a 50 -foot high freestanding CMRS monopole with three frames that can accommodate a total of nine antennae. The monopole is being built so it can also accommodate future co- locations. The site improvements include construction of an 8' high equipment enclosure (15' x 30') around the base of the monopole. The enclosure would include a concrete pad for equipment cabinets; the remainder will be surfaced with crushed rock. Access will be from an existing drive on the west side of the parcel extending south from an internal drive aisle behind the Peterson Company structure. In order to accommodate cell towers in the development, the existing ODP must be amended to allow accessory structures up to 50' in height. The existing plan does not allow accessory structures and the maximum height allowance is 42'. All other existing development standards for the industrial park would remain the same. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26- 122.13.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Case No. WZ- 11 -06 /L & KIndustrial Park Staff has not found any evidence of an error with the current Planned Industrial Development (PID) zone district as it appears on the City's official zoning map. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. While the Arvada Ridge project located on the east side of Miller is continuing to develop into a regional shopping area with light rail facilities, this particular vicinity (between Oak and Miller) is one of Wheat Ridge's true industrial/employment areas with both the bottling plant and a box manufacturing plant on the north side of 50` Avenue. The bottling plant recently invested 3.8 million dollars in improvements to facilitate Coors' merger with Molson so investment in this area is continuing. The L & K industrial park provides a transition in intensity between the heavy manufacturing facilities to the north and existing commercial/warehousing operations abutting the I -70 frontage road. The proposed amendment will not impact this land use transition function. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that the evidence supports the finding of at least four (4) of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed ODP/FDP amendment is consistent with the policies and goals in the I- 70 1Kipling Corridor Urban Renewal Plan and the City's comprehensive plan— Envision Wheat Ridge. Both plans designate the property as within an employment area which is described as existing light manufacturing, storage, warehouse, and other industrial - related uses. Modification of the ODP to allow CMRS facilities is consistent with the City's guiding documents. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed ODP amendment to allow CMRS facilities will be compatible with the surrounding area and will not result in adverse impacts. The Xcel Energy transmission lines currently abut the property to the south and are estimated at approximately 100' in height. In addition, the Coors bottling plant is located across from the development on the north side of West 50` Avenue. Buildings on the bottling plant property exceed 60' in height and much of the ancillary equipment is as high as 80'. Any new cell towers in the development will be less intrusive than the existing towers, lines and manufacturing structures in the vicinity. (Exhibit 5, photo simulations) Staff concludes that this criterion has been met. Case No. WZ -11 -061 L & K Industrial Park 4 c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The lease revenues generated from CMRS facilities will provide a private benefit to those property owners. There will be personal service benefits to those cell phone customers in the area using this provider. Staff concludes this criterion has been met. d. 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. All responding agencies indicated that they have no objections to installation of a tower or towers in the development. Upgrades required for the new tower will be installed at the developer's expense. Xcel Energy has indicated that they have no objection to the tower as long as there is no activity including grading, landscaping or erosion control activities in their existing right -of way. They are not requiring a "free fall" area separation from the transmission lines. Staff concludes that this criterion has been met. e. The change of zone 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. Based on the limited scale of the improvements, there should be relatively little impact on traffic, drainage or amount of light and air to adjacent properties. Staff concludes this criterion has been met. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. It would be impossible for the tower itself to meet any architectural standards. Upgraded screening is being provided by an 8' high block wall. Staff concludes that this criterion has been met. V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on July 6, 2011. There were no representatives from the neighborhood present. VI. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow: Arvada Fire Protection District: No objections. Case No. WZ -11 -061 L & K Industrial Park Valley Water District: No concerns. Xcel Energy: No objection to cell towers in the adjacent development as long as there is no activity including grading, landscaping or erosion control activities in their existing right -of way. No requirements for a "free fall" area separation from the transmission lines. Wheat Ridge Economic Development: No objections. Suggested that screening height and materials be upgraded from 6' high cedar originally proposed. Applicant responded back with 8' high block wall. Wheat Ridge Public Works: No objections. Wheat Ridge Urban Renewal Authority: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed amended PID Outline and Final Development Plan is consistent with the City's guiding documents and that it meets the evaluation criteria for an amended ODP approval. For these reasons, a recommendation of approval is given for Case No. WZ -11 -07 with conditions listed below. VIII. SUGGESTED MOTIONS Option A: "I move 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, including property addressed as 10700 West 50'' Avenue for the following reasons: 1. Both the Kiping/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 screening walls can be 8' in height, Option B: "I move to recommend DENIAL 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, including property addressed as 10700 West 50` Avenue for the following reasons: 1 2. 3. Case No. WZ- 11 -06/ L & K Industrial Park 6 Project Description / Narrative Date: July 18, 2011 Property Owner Peterson Company 10700 W. 50 Ave Wheat Ridge, CO 80033 Project Name: Project Address: County parcel No.: Zoning Designation Zoning Process: Project Description Applicant T- Mobile West Corporation 7901 E Lowry Blvd, Ste 300 Denver, CO 80230 Applicant Representative ATECS, LLC 7901 E Lowry Blvd, Ste 300 Denver, CO 80230 T- Mobile CMRS Facility DN04073D Peterson Company 10700 W. 50 Avenue 'LJ - 164-. pZ- ooU PID Amendment to ODP to include a CMRS at 50' in height To enhance current wireless service in the area of 10700 W. 50 Ave, T- Mobile proposes to install a 50 -foot monopole and ground equipment at the above - referenced location. The telecommunications facility will be located on the south side of the property adjacent to the water retention pond. The antennas will be installed on extended anus in a triangular design. The equipment enclosure will be surrounded by a complimentary fence, constructed of similar materials already in place, that will screen the equipment inside. The antenna facility will have space available to accommodate a 2 nd carrier. Once on air, this will be an unmanned facility, requiring infrequent technical maintenance. Proiect Justification The demand for reliable, in -home cellular service continues as the use of land lines decreases. Demand particularly for seamless service area -to -area is also driving the need to increase call capacity. Emergency 911 calls have increased steadily as more area is tied into 911 emergency services. Federal and local governments encourage that wireless networks continue to expand so that calls for emergency help can be located geographically and responded too as necessary. T- Mobile has identified the area surrounding W. 50 Ave as an area where dropped calls and poor call quality inhibit acceptable reliable service. Therefore, by installing a new site at this location, more reliable call quality including proper hand -off connectivity from wireless site to wireless site will be achieved. FCC Regulations: T- Mobile facilities strictly comply with FCC requirements for cumulative field measurements of radio frequency power densities and electromagnetic fields. EXHIBIT 1 FCC Interference T- Mobile facilities strictly comply with FCC regulations prohibiting localized interference with reception of television and radio broadcasts. Public Safety Interference This proposed T- Mobile facility will not interfere with any public safety frequencies servicing the Wheat Ridge and surrounding areas and residents. Collocation T- Mobile proposes to construct this facility at its maximum height allowed in the PID of 45 feet, and including an additional 5 feet in height to accommodate acceptable coverage by amending the ODP. The antenna facility will have space available to accommodate a 2 °d carrier. Summary The approval of T- Mobile's proposed design will allow for enhanced telecommunications service. Residents and visitors passing through this area can be assured T- Mobile is committed to provide the highest level of wireless service. EXHIBIT Z �t , L d■ b Nw CMAER SW / /4, SE 1/47 SECTION /6 IEAMD / /E" So414RE STEEL PIN OM 3JA10 SGS 0 Ub 2 as I j O N 0 04 V IMI[O wort - FEAC'E I a` 2 i W V SO It � ya I m m 4 C1 ' ZI 1 1 E L I, 4 N C 5114 CORNER SFCT,ON /6 FPVAO STONE : 7 . _'7 .,Is •u" - T'a.vn_ u .::an -�. ,, _ -,. — L 8K INDUSTRIAL PARK AMENDMENT 6 (ADMINISTRATIVE AMENDMENT) SECTION 16, TOWNSHIP 3 SOUTH, RAN 69 WEST, 0 WHEAT RIDGE, JEFFERSON COUNTY, COLORADO AN OFFICIAL DEVELOPMENT PLAN AND PLAT OF THE CITY OF WHEAT RIDGE FH SS ... SS— LX/STfNG SEM'CR SS ________ __._�_ SS -. —. - - - - -. 95 f NE L17RNER SW /; 4, SE / /I, SEC rqN 16 S B 9 °4Z'£ WE ST 50"' AVE _ _ _ DEAR /NG BASIS AS PER O INAL PLAT 4 1329. FODND r. :' SovARf STEEL PIN SETS NAIL ^ PUBLIC SCY'C f I ASEMENr 0 Z *77 P781 4234 - - - - - -- _ -- /?6R 77' X 13 "E t- 'I�_� �- -_ ____ - _ -y _7_ - Y t-7t � - -- -_ !9025' :I I I I 1 I I! i-T rl r I I I I i I I i! ���/ _Isl I I ♦ J I 11 I I I 6 2 +97 �/3' LEGEND _ _ _ _ _ _ _ >E J I P 177 - _ I I 1 I ` � � � i. . � _ . ♦ ,¢ f sEr n P /Rf NYDRAHT IS• ATA717V1�7fI01f ��VE A1N� (/ /3Y EAENT JO'R /w `� :. BLOCK2 BLOCK 1 2 J9, AC Q/ UT /CITY PCL£ � - - _ _ d NANPACA/1°EO RARRM6 LOT 4 ,o"At , _ LAKE NOTES' LOT 3 ` 1 CORNER LOT LINE DIMENSIONS ARE TO I [ A k. 1 91 -- - -I N T _ I i _ C INTERSECTION OF LOT LINES EXTENDED 2 G LINES r IN WEST SANITARY WATER 0 TH 4VENVEAA•ND /N EXISTING dw sroom a"Ol 1 J. / � r MILLER STREET WERE LOCATED AS PER _= C fICLD BLE DRAWINGS AND SHOULD B[ f1CC0 VERIFIED PR /OR TO CONS.'RUCT/pN. p • A 1 _ _ f t - O I w _ _ F P O'LA3[6lwr� EXPLANATION OF AOM /N/STRAr /VE 1, I 20 EASEMENT ROC. *3102791 ', - D Pw4 r1T ` t CL EAR CREEK VALLEY / ? - -- 15' IS 1 _ ! „ F , AMENDMENT -CASE NUMBER WI - 495- .90 h WATERS SAW T4 RY OIS *9 /Cr u. F - I - S 9'41 f / _ --{ '-1 3a in � _ _ 1 f ti 1849.76 /96.33' PAL~ t � / 8UILOIN6 CONF /GURA f10N FOR LOTS 4, 3 i BLOCK ,3 S' _.- _ -�. ^ _.._ , . l _ w L T 2 SS I - I /' ' I 38509' _ O EXISTING am T `- - THE SAVE EV R EVISED. TOTAL AREA REMAINED f S _ .a / , _ -- �^ ' ' J y 2 LANDSCAPING CONFIGURATION FOR LOTS 4, N5 r !J At = , ♦ . " 3.SAA I I - _� Q I - �' A S j4 ° . 50 ' 549 01 a *Y 5% 3 8 6 WAS REVISED. TOTAL AREA NCREASE W 1 y{ �°, 1 M .4 y r1 3 ~K /AG CONFIGURATION FOR LOTS 4,5 8 6 �W \ -._ AIEE ly y4 WAS REVISED. r0TAL SPACES 1NC.RMASED 4 2 - 2 - _ ±� M'/ A S[ BY 36 FAA J I " �+ 1+ LO� E 3 SA/T �/ BUTLOINC 6 __ I I +• / p p, I'E t /1 I 1 I 4 DRAINAGE PATTERN FOR LOTS 4,3 8 6 WAS C / PROPOSED ONE STORY BU1LD/NG _'r - — ` R c M ARY wER COCATIOA ACROSS LOT / 4c. A ~ 40,045 SO FT I 40546 rAG�s�r. P 4 ,. _ R i S[ O 1 332 _.. —. I It I y 6 2 9 6 9 31 1 r'• APPROVED L_- - -1 - tAAdNi F/. b _ O TWIT PLAN Ar M MwE [4oS TA[ EWO&CkY A/O _ _J i - 'FN. I -- . j I l •. LOX Aq/S"I''AL AWN ABEANOWNr 5 AMID AS ANI .. f F.. '� I I j' I ! - i - 32, 010090 U b ntREn A/IROWIV AMBAAfr1wnr" AN _L ST. I T AMM/AIQ 1E7►17Rh I 2 W W W w p AN amAr Am Cim b411,A/Ivmw A ORMaN SRS''iC ' - - -- - _ VALL WATFR DISIRIOT . _ - IC LASEK" lYMUNf NAi, SECFAOR A R ANENOWNT 5 _ _ _ ._ N1 __4000' -_ ... -- _. __ -.__ _260!9__ __ —_ -_ _. — SS — -- - - — _,_ -- - - ___ _ - T ___� _ -- - 2941 ° T17 WAS RECORO£9 UNDER RECEPTION NO. 84032/05 I --/A M0 EA w BI I_ I I A 6' TOTAL S /Tf 1�6f MY --� - F LOT 6, W -� 405 - A > ` . _ .., .. - '. •t - P 0.83 �Ar '� .n LAKE - AUILDINGS (®*3UN0 COW-?) /90,.� 9O A - -_ N Ly, SUIL DING 7 ° A5 A W AIVtAACNT (A4/VLSAAA9riNG/ f60,5N 514 fT 4W 91 % — . W + - ' • w _ - -- 7 , MRECT I 0 58 0m'v (tA/106 w • RNLXS/ 155.95 99 FT 25..09x stir V L �� OR OF CQYMVMTY REVEL e - - - - A40AOSE0 ONE O/ / Z T4 5 - -- oA T STORY SLOG 6 J 2 . g . 9TrY., E rV rAL 01,747 9a !T 100 - t om ' _ - -- 6 955 SO FT BOIL D /NG 13 9E9 ACAS . o FklS1►M� Ll>I�`31�• - _, y - AARX/NG M LDYS 4, SPACES REOWAFD 74 5 8 6 Of BIOCK L ECAL _DESCRIPT/l7M _ - - --i•I KL., a SPACES RAOV /OED Iv -- - -- '--- RECD9G CF 2 /32 Ac - 6 PARKING TO AE CVA6YON TO A PA'xEC OY LAND PREVIOUSLY DES0919WD AS L O K RNaIS-P/AL ACCEPMO FOP` FILING a rNE oFF/CE OF 0 14 P 56 N ALL A/1C 01N65 A PARCEL OF LAW OV A 'HE SOUtHWf S O✓ARTER OF � FOLLOWS THE' JEFt<ERSOw cgAvrV AT 60LOEOW 00 WA00 A- A- 1A ASE Kr N SOUr.IE.I_' - JA9T£9 CF SECr - TOWN.S♦P 3 SWrh, R.f XC,- CIS 14 'K+- DAr OF - [� r t SURVEYOR CER f/F(CATE If4i Ar ; 5'03 O'CLOCK -L .w. ti,EEbI s#.,fT. °RIpM pIMR 69 WEST. OF rH£ 6M PRMUaIU MERIDIAN. IEFcERS A QAANT9, _.wN� Q I, DAVID L. FREEMAN, A REGISTERED PROFESSIONAL LAND COL,RArO. M, RE LAR %.CULAR_I AF5_RI8£0 AS FOLLOWS f _ I P,-- PN <C S/ TE PLAN SURVEYOR /N THE ST4 TE OF COLORADO, 00 HEREBY C£Rr /FY BfGNNa.; aT A gyNT AT THE AV7ERSECnAV OF TIE Sp/fNERLY I�CffPrlON NLM�R' NON, /985 TO THE CI TY OF WHEATRIOGE, JEFFERSON COUNTY, COLORADO Al cT R/QyTC JF WAY LINE OF WEST SG AvEV ✓f ANL THE £A..ENLr 'A_ THAT THE PLAT OF SURVEY DIESCR /BED HEREON, CORRECTLY glG,.r5 OF WAY LINE OF OAK STREET BOT•I 56 r -r reezITS OF m - I REPRESENTS THE RESULTS Of A TRUE AND CORRECT SURVEY 5O /OO WAY DEDICATED DECEMBER 27, 1974, SA10 POINT BEING LOCATED EFFERSAN COUNTY CL ERR MD RECOgER �, OF LOTS 4, 5 AND 6 GONE ON THE PREMISES UNDER MY DIRECT SUPERVISION DURING OCTOBER /985 AND TO THE BEST 544'33"3'E, 4,. 32 FEET FROM THE NORrmocSf coovER L THE SIGNAGE: OF MY KNOWLEDGE AND BELIEF /NDICAr£S ALL SrR(AC•TUR£S, SOUrrIREST OL"RrER OF TAIF •SOUTHEAST QUARTER OF SAID r 41375 ONE FREESTANDING SIGN PER STREET ENTRANCE, NOT £ASEMFNTS, RIGHTS OF WAY, UT /L /TIES, FENCES, IMPROVE- SECT /DIN 16 AS MARKED SY A OMW - HALF /NO/ SQUARE STEEL PIN; - "` TO EXCEED 60 SQUARE FEET EACH. MENrS, AND ENCROACHMENTS ON OR AFFECTING SAID THENCE' Ai.ONG SAID SOUTHERLY RrGNI'S OF WAY : NE OF NEST 501h eY. OEA/rT CLEW _- ONE WALL SIGN ON EACH BUILDING, NUT TO EXCEED 60 PREMISES, AND IS IN ACCORDANCE WITH ALL APPLICABLE LNTDYT AND L'M9RACIER OF LEYELDPA�NT Sam RE FEET EACH COLORADO STATUTES, CURRENT REV /S£0 EDITION, AS AMEND- A "EWE $ 89`41 E, 1269 77 FEET TO A PONT OV THE WESTERLY P T, w4r LINE OF M2LER STREET, A 60 FOOT STREET, SAID RELATNE TV SECrOv DIG, AF MRAmCr STANDri1S, ONE WALL OR ARCADE SIGN PER USER /N EACH 8U Pv'i EO , P0 NT BEING A, I .VG L:CAf£0 545 ° W, 4154 FEET FROM 7)f ALL MMS P&L AF WrAW TIE ACCEPTAfLE LAY /TS ING NOT To EXCEED /O SOUARE FEE r EACH. C if M9RrH£AST CORNER Of SAID "THWEST OUARrER, AS AMNKED ESAAUMIIED STA rE OF COL ORA00 BY A ONE-HALF INCH SQUARE STEEL PLN; r COUNTY OF JEFFERSON 511.1 ;E rVCE ALONG SAID WESTERLY RI SS DAVID L. FREEMAN - GHTS OF AN* NE SO SU/LAWS TYPES PRESTRESS, AIASOYVR✓ METAL W17N REGISTERED PROFESSIONAL LAND SURVEYOR NO CASE HISTORY MASOAO?YFAC�W ALL SIMILAR INL7f4RACrER TD ME THE FOREGOING INSTR NT WAS EXECUTED BEFORE ME 750 W HAMPOEN AVENUE, ENGLEWOOD, COLORADO 801/0 224.36 FEET TO 'HE NORTHEAST CC»: +E° OF n f r1ACEL Jf EXLST/AW BULDOWS IN rWPLA/W" AYNsnWA( DFWLOFW&7 THIS 12�6o ArOF_ - . V _-- .,1986, BY PH.(303)761 -514? LAND Df-SCN,BEC /N 90C1(2281 PACE 211; THFACE ALON> THE WI -74 -10 ORIGINAL R. 'R79GE, /56 S ICLAFAN, GOLDEv, m 87401, DATA. PROPOSED EXISTING NC'RTH'ERI_Y LINE OF SAID PARCEL S74 405.46 FEET AfAX /AAVA/ 6U/LD/NG HEkwr. 4? FEET _ _1103)279 -8061 - BLOCK I AMENDMENT 6 AMENDM£Nr 5 T. 'HE MDRrHWE.ST CCRNCP OF SAID PAACE. ; THENCE ALONG WI -76 -o3 FIRST AMEAVAIENT DEYELDA0E1YT SL7AfLXILf . LEER lr.vz 4096 YOUNGF/ELD, WHEATRIOGE, LL"- D_ESCt I RI IAI AREA PERW f46t 01A PERCt. IIAjL THE WESrERLr L /W OF SAIL -ARCS L S 0•35'51 :12. o- FELT *R 33, 1 363/ a3/ -9!36 - BLOCN 1 ✓ THE SOUTHWEST CORIVEk OF SAID PARCEL , SAID POINT ALSO BU/LOM6S 1 EX /STING U 4 BUILDIN 6 40085 Sr Sf 35t 40OD0 SF 36% i 5 PAVEMENT AREA 43561 sE 79: 44946 SE 4ii LiE/NG ON rHE VOWrr2RLY RIGHTS OF WAY LINE OF A 100 FOOT w7 -BI -lA SECOND AAENDMENT BUILDING 6 AND 7 ONE YEAR MARATHON RFAL rY /NC, A8.R4HAV VL6Fa, LANDSCAPE AREA 27109 SE 253 25775 SF 231 POBL l C SERV /CF COMPANY gIGHT OF WAY; TPWNCE ALONG SAID PRE..°., 3£CC S rOSEMITE. STE. 310, CEY/ER, TOTAL ARIA i 10 715 Sr 11315 SE 22 7 r � ?:1— .._L16C1. {i30.•T79 -13Y2- BLOCK! -LOTS ;?,1386 PARKING SPACES 97 7,7; 101815E 6v NO RThERLY RIGHT$ OF WAY LNE 574 •SCSB 973 5 fEE O w7 �83 -6 /M'R0 AMENDMENT ACCESS DENVER, CU iG6 1AQWyS1EGRE5S EASEMENrS � CJI L 8 S INVESTM[Nr, LARRY W. ANOREwS 8 LOT 6 BUILDING 7 6955 Sr 191 TWO SE 19% PDINr ON SAID EASTERLY RIGHTS OF 141Y LAN£ OF OAK STREET, ,�♦��,.,,� SHERMAN R SCHROCK'IC 59 f SEIHANr OR, PAVEMENT AREA 7258 Sr •9: 4614 s7 26r - -+° iA,I A'CE ALONG SAID EASTERLY RIGHTS OF WAY LINE N D °35'J4 "E, N? -83 -?9 FOURTH AVCAV ENT LI ALL C5ZNArF0 AAA✓OR IN: L•RA71R DR/V[S 4AC 14 1301:793 -803¢ LANDSEAPL A4EA 23188 Sr 62' ,( 20197 Sr 55: ' 1 FEET TO TH£ Powr OF BEG INNING, CONT ' ULK - IOT44 AREA 3 Sr 77401 S] PO /ITS 57/ALL 61E' RESERVED FOR Tiff GL'M/AA�Y USE QF 3 Lu7 J e• r ALL rENANTS AAAD OWNERS /N rAtr P1. D. M EDM.r/S-yDN EYP/RES, PARKING SrA fS 13 7 9/:000 AC $ MORE OR LESS. PROPOSED USES. 8_$�.— �L• � 3Ii, 134 9 :6YN :r 7R !6206 ALL USES ALLOWED /N SECTION 21 - INCLUDING ANY NN7RE A »nRr PUBLIC f M1Vi R:Ni ARCA 4-546 46935 Sr 501 LA A CC04A N6 AND PARKING CONFiGUR4 - ION WAS CHANCE EXHIBI AMLSCAPE AREA 1'967 $ 19f 20578 A Z71 70 ACCOMMODATE E.Y/STNG PAVING HOUSING ASALLOWILD UNDER THE OR/GPWL L6K /NDUSTR/AL Z-41 _jg/ s lA1At AREA 93771 <I 937z1 sr x� , PAR' KPLATREWROEDDEGEALi 'ER77, /9T4/NPLAA(&)0(46MGE.32 ADDRESS T �J PARKIN SPACES 54 I.7i1000Sir 5A gA L&K INDUSTRIAL PARK AMENDMENT #7 AMENDMENT TO THE OUTLINE & FINAL DEVELOPMENT PLAN OF THE CiTY OF WHEAT RIDGE a BEING A PORTION OF THE SW 114, SE 114, OF SECTION 16 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRIME MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO PLANNING COMMISSION CERTIFICATION Recommended for approval thisi 1 day of , by the Wheat Ridge Planning Commission. Chairperson Legol Description LCUHL ULD1 -F - 1fLJIV rFllTGrVI 111M41 per Title Commitment No. 5509 - 1707120 dated 4 -18 -2011 by First American Title Company: That part of L & K Industrial Park Amended, described as follows: Lots 4, 5 and 6, Block 3, L & K industrial Park Amended, o parcel of land in the Southwest Quarter of the Southeast Quarter of Section 16, Township 3 South, Rangc 69 West of the 6th Principal Meridian, Jefferson County, Colorado, described as follows: Beginning at a point at the intersection of the Southerly Kaht of way line of West 50th Avenue and the Easterly right of way line of Oak Street, both 30 foot rights of way dedicated December 27, 1974, said point being located South 44 degrees 33 minutes 13 seconds East, 42.32 feet from the Northwest corner of the Southwest Quarter of the Southeast Quarter of said Section 16, as marked by a one —half inch square steel pin; Thence along said Southerly right of way line of West 50th Avenue South 89 degrees 42 minutes East, 660.22 feet to a point; Thence along lands 'known as Block 2, L & K Industrial Park Amended, South 00 degrees 35 minutes 51 seconds West, 505.28 feet to a point; Thence along lands of Public Service Company as per Deed in Book 744 at Page 56 of the Jefferson County records, South 74 degrees 50 minutes 58 seconds West, 269.37 feet to a prnt; Thence along said lands known as Lot 1, Block 3, L & K Industrial Park Amended, North 00 degree,a 18 minutes East, 178.49 feet to a point; Thence along said fonds known as Lot 5, Block 3, L & K Industrial Park Amended, North 89 degrees 42 minutes West, 124.00 feet to a point; Thence along said li7nds known as Lot 2, Block 3, L & K industrial Park Amended, North DO degrees 18 minutes East, 195.0; feet to a point; Thence along some North 89 degrees 42 minutes West 275.00 feet to a point; Thence along said Easterly right of way line of Oak Street, North 00 degrees 35 minutes 34 seconds East, 20;.55 feet to the point of beginning, County of Jefferson, State of Colorado Containing 22.500 acres more or less. SURVEYOR'S CF__RTIFICATE I, ROBERT DALEY DO HEREBY CERTIFY THAT THE PROPERTY BOUNDARY INFORMATION SHOWN HEREIN ON THE L &K INDUSTRIAL PARK AMENDMENT #7 OUTLINE DEVELOPMENT PLAN HAS BEEN VERIFIED BY ME AND TO THE BEST OF .6 KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT AND IN ACCORDANCE WITH THE CITY OF WHEAT RIDGE MUNICIPAL CODE OF LAWS, AND ALL APPLICABLE COLORADO STATUTE, CURRENT REVISED EDITION AS AMENDED. FURTHERMORE, UPON COMPLETION OF THE PROJECT I AGREE TO FURNISH AN AS —BUILT SURVEY ACCURATELY LOCATING ALL CONSTRUCTw"D ITEMS. ROBERT DALEY 10727 FLAGLER DR. PARKER. CO 80134 T— MOBILE COMMUNICATIONS OUTLINE & FINAL DEVELOPMENT PLAN AMENDMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO Allowed Uses ALLOWED USES CURRENTLY ACTIVE ON THE PROPERTY AND THOSE LISTED IN CASE NO. WZ -72 -10 SHALL BE ALLOWED. PROPOSED AMENDMENT IS TO ALLOW FOR ACCESSORY STRUCTURES IN THE P10 LIMITED TO A WIRELESS TELECOMMUNICATION FACILITY THROUGH THiS AMENDMENT OF THE FINAL DEVELOPMENT PLAN. ALL EXTERIOR LIGHTING SHALL_ BE IN CONFORMANCE WITH SECTION 26 -501 OF THE WHEAT RIDGE CODE OF LAWS. ALL FENCING SHALL BE IN CONFORMANCE WiTH SECTION 26 -603 OF THE WHEAT RIDGE CODE OF LAWS. EXPLANATION OF AMENDMENT WIRELESS TELECOMMUNICATION FACILITY CONSISTING OF MONOPOLE MOUNTED ANTENNAS AND GROUND BASED EQUIPMENT INSTALLED ON LOT 6 OF BLOCK 3. A TOTAL OF 9 ANTENNAS WILL BE MOUNTED ON THE MONOPOLE IN A TRIANGULAR ARRAY. THE MONOPOLE AND ANTENNAS OVERALL HEIGHT WILL BE 50' -0 ". CURRENT ALLOWED HEIGHT IS 42' -0" WITH THE 50 -0" APPROVED IN THIS AMENDMENT. ADDITIONAL CMRS FACILITIES WILL BE ALLOWED IN THE DEVELOPMENT PROVIDED THAT THE FOLLOWING CAN BE MET: MINIMUM SETBACKS. PROPOSED CMRS TOWERS SHALL NOT BE LOCATED LOCATED IN THE FRONT YARD OF ANY BUILDING. MINIMUM SETBACKS ARE 10' FROM THE SIDE PROPERTY LINES AND 15' FROM THE REAR PROPERTY LINE. CO— LOCATIONS AND BUILDING AND ROOF MOUNTED CMRS FACILITIES ARE ALLOWED AS WELL WITH NO 01 LAND USE PROCESS REQUIRED BESIDES A BUILDING PERMIT. O'WNER'S CERTIFICATE The below signed owner(s), or legally designote(J ogent(s) thereof, do hereby agree that the property legally described hereon will be developed as a Planned Development in accordance with the uses, restrictions and conditions contained in „`this p`tdn and -as ' may otherwise .be ,required by low. 1 (we) further recognize that the approval of a rezoning to Planned Development and approv of this outline development plan, does not create a vested property right Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Wheat Ridge Code of Laws. BILL KUBILUS Peterson Company 10700 West 50th Avenue Wheat Ridge, CO 80033 State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this - -- Day of - - -_ , A. D. 20 - - - -- b y --------------- - Witness my hand and official seat. My commission expires: Notary Public (SURVEYORS SEAL) CROSS ACCESS EASEMENT LANGUAGE ADDITIONAL C ASE HISTORY WZ -74 -10 ORIGINAL WZ -76 -03 FIRST AMENDMENT WZ -81 -18 SECOND AMENDMENT WZ -83 -08 THIRD AMEIItiIDMENT WZ -83 -29 FOURTH AM`NDMENT WZ -84 -09 FIFTH AMENDMENT WZ -85 -30 SIXTH AMENDMENT WZ- 11 - -06 SEVENTH AMENDMENT CITY CERTIFICATION Approved this _ day of Ridge City Council. ATTEST City Clerk Mayor Community Development Director by the Wheat COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado J SS County of Jefferson 1 I hereby certify that this plan was filed in the office of The County Clerk and Recorder ot Jefferson County at Golden, Colorado at O'Clock L. M. on the L— _day of I A. D., in Book , Page , Reception No. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY I NOT ES 1. DEVELOPMENT WILL OCCUR. IN ONE STAGE. 2. PRESENT ZONING IS PID AND ALL SURROUNDING PROPERTIES ARE PID 3. CMRS= COMMERCIAL MOBILE RADIO SERVICE 4. THE CMRS ACCESSORY STRUCTURE WILL NOT REQUIRE LANDSCAPING, SIGNAGE, LIGHTING, OR PARKING. 5. THE GROUND MOUNTED CMRS FACILITY WILL BE IN COMPLIANCE WITH ALL REGULATIONS SET IN CHAPTER 26 613 OF THE CITY CODE. The owner, his successors and assigns grants limited rights and privileges to access and to free movement through those areas indicated as 'cross — access/ ingress — egress easements', as illustrated upon this plan. Such grant of easement shall be limited to the owners, tenants, customers, and guests of the owners, and shall furthermore grant access to and free movement through said easements to those entering said easements from similarly recorded easements from adjacent properties and /or from abutting public streets. S89 °42'00 "E 462.72' d L&K INDUSTRIAL PARK AMENDMENT #7 AMENDMENT TO THE OUTLINE & FINAL DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE BEING A PORTION OF THE SW 114, SE 114, OF SECTION 16 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRIME MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO S 9 °42'00 "E 197.50' LIGHTING STANDARDS: ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26 -501 OF THE WHEAT RIDGE CODE OF LAWS FENCING STANDARDS: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26 -603 OF THE WHEAT RIDGE CODE OF LAWS LOT 3 ZONING: PID LOCK BLOCK LOT 2 ZONING: PID PROPOSED MONOPOLE SETBACKS SOUTH PROPERTY LINE: 30' -3" WEST PROPERTY LINE: 22' -2" EAST PROPERTY LINE: 246' -2" NORTH PROPERTY LINE: 314' -4" ZONING: PID CASE HISTORY WZ -74 -10 Edge of ORIGINAL WZ -76 -03 Barbed Wire Fence FIRST AMENDMENT WZ -81 -18 Fence SECOND AMENDMENT WZ -83 -08 Concrete THIRD AMENDMENT WZ -83 -29 REV ZONING FOURTH AMENDMENT WZ -84 -09 REV ZONING FIFTH AMENDMENT WZ- -85 6 -30 SIXTH AMENDMENT WZ -11 7 -06 SEVENTH AMENDMENT LOT I BLOCK 3 PROPOSED DEVELOPMENT SITE OF NEW MONOPOLE & GROUND BASED EQUIPMENT (SEE SHEET 4) 0 Control Point Telephone Pedestal Electric Transformer PC Irrigation Control Box ® Inlet Grate Coniferous Tree 0 Deciduous Tree Light Pole oa Water Valve WV 'CS Fire Hydrant S8 Sanitary Manhole Building Edge of Concrete Overhead Electric Barbed Wire Fence Edge of Gravel Path Chain Link Fence Edge of Asphalt Edge of Concrete 0 PREPARED BY: ZUMA CONSULTANTS 13969 W. 1ST AVE. GOLDEN, CO 80401 I 05/11/11 PRELIM. ZONING KR 2 05/17/11 ZONING KR W 3 05/20/11 REV ZONING KR 4 06/07/11 REV ZONING KR 5 07/14/11 REV ZONING KR DATE OF APPROVAL: 6 08/08/11 REV ZONING KR 7 09/14/11 REV ZONING KR 0 ELEVATION— HEIGHT DATA DESCRIPTION GROUND ELEVATION TOP ELEVATION HEIGHT ABOVE GROUND TREE A 5376.9 5430.3 53.4 TREE B 5375.4 5424.2 48.8 TREE C 3 58 5425.9 50.1 TREE D 5375.5 5417.8 42.3 TREE E 5374.8 5406.7 31.9 TREE F 5376.2 5406.0 29.8 TREE G 5376.7 5408.6 31.9 L'GHTPOLE 5376.4 5401.5 25.1 TRANSMISSION TOWER 5377.6 5486.7 109.1 SURVEYOR'S CERTIFICATE 1, Robert Daley, a Professional Land Surveyor in the State of Colorado, do hereby certify that the property boundary information shown herein on the L & K Industrial Pork Amendment 7 Outline Development Plan has been verified by me and to the best of my knowledge, information and belief, is correct and in accordance with the City of Wheat Ridge Municipal Code of Laws, and all applicable Colorado statutes, current and revised edition as amended. Furthermore, upon completion of the project I agree to furnish an As -Built survey accurately locating all constructed items. This drawing does not represent a Land Survey, Land Survey Plat, Improvement Land Survey Plat or Improvement Location Certificate and any monuments or boundary lines shown are for information only and ore not to be relied on. This survey does not constitute a title search by this surveyor or Daley Land Surveying, Inc. of the property shown and described hereon to determine: 1. Ownership of this tract of land. 2. Rights -of -way, easements and encumbrances recorded or unrecorded :affecting this tract of land. 3. Compatibility of this description with those of adjacent tracts of land. Job No. 0802 -060 For and on behalf of Daley Land Surveying, Inc. 10727 Flogler Dr. Parker CO. 80134 303 953 9841 Robert Daley, PLS 35597 NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. BASIS OF BEARINGS: The bearings shown on this survey are referenced to the City of Wheat Ridge Horizontal Control Datum, being a ground based modified form of the NAD83 HARN Colorado State Plane Coordinate System. These hearings differ from those provided in the title commitment. Rotation, City of Wheat Ridge to Plat or Title commitment: counterclockwise 0'4759 ". Tie to City of Wheotridge Control Station PHAC 4 from Northeast corner of Lot 4, Block 3: S22 °56'38 "E, 1868.0' VERTICAL DATUM Elevations show on this survey are NAVD88 originating at the City of Wheottrdge Control Station PHAC 4, published elevation 5375.38. UTILITIES: The utilities which are readily visible upon the ground, such as manholes, power and light poles, inlets, etc. were located by field surveys and shown hereon. SURVEYORS NOTES: There appears to be a defect in the legal description provided in Title Commitment No. 5509 - 1707120, dated 4 -18 -2011 by First American Title Company. The parcel is described as 'That part of L & ,K Industrial Park Amended, described as follows: Lots 4, 5 and 6, Block 3, L & K Industrial Park Amended, a parcel of land in 1,re Southwest Quarter of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado ". This is followed by a "more particularly" description which includes Lot 3, as well as Lots 4, 5 and 6 of L & K Subdivision. TOPOGRAPHIC T- MOBILE SITE TE 43D SURVE PETERSO C M ANY SITUATED IN THE SW QUARTER O THE E SE QUARTER OF EFF ARSON, STATE OF COLORAD NORTHWEST CORNER DF THE SOUTH - OUARIER OF TLIE- SOU7HFAf3 7 QUARTER OF SFCTICN 16, T.3S., R.69V;'. FND 2z" ALUM CAP, LS 24e68 NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER N89 °30'01 'E 1329.78' S45'21'72 "E 42.32' h L,u W Cs W. 30TH AVE. N89 °30'01 "E 462.72' - - - -- —J r - - -- 30' NIDE PO4 -4 )N7RIOP DelvE AND _TILIT EASE ^sEN' P2R PIT -------------------- I NORTHEAST CORNER OF 7Hc SG U P,-fWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 76, T..3S." R.69W. FND 3y" BRASS CAP, LS 732 8' WIDE PUBLIC sEHwcE EASEMENT 62877, P784 I I I I � I •I I I I i I I I I PARENT TRACT: I I w LOTS 4, 3 AND 6, BLOCK 3, I I < I I LOT 3 L& K INDUSTRIAL PARK AMENDED Ic� j W > BLOCK 3 I C ( I N89 °30'01 "E 188.7 f LOT i BLOCK 3 0 60 120 Is m `;cats 1' = 60 CO' / C,, /I 39930'01 "W — 12400' LOT 2 Edge of Concrete BLOCK 3 Electric — X —X— Barbed Wire Fence Ln Gravel Path —�— a Chain Link Fence - Edge of ! Edge of Concrete I I I 1 I ,r T AND 30 WOF VALLEY 0) Ll ' - ', EA S "' LI WA 7`R DISTRICT N r_R P,,, EASEMEN? p 82856, - Z I I 3c ---- - - - - -- f LOT i BLOCK 3 0 60 120 Is m `;cats 1' = 60 CO' / C,, /I 39930'01 "W — 12400' - -J I EXISTING BUILDING — --- - - - - -- — - --J I ------------- - - - --i -- __...._ 260.19 PROJECT SiTE I I. - I ------ ---- -- 30' WIDE VALLEY WATER DISTRICT EASEMENT - I--- --- - - - - -- LEGAL DESCRIPTION - PARENT TRACT per Title Commitment No. 5509-1707120 dated 4-18-2011 by First American Title Company: That part of L & K industrial Park Amended, described as follows: Lots 4, 5 and 6, Block 3, L & K Industrial Park Amended, a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, described as follows: Beginning at a point at the intersection of the Southerly right of way line of West 50th Avenue and the Easterly right of way line of Oak Street, both 30 foot rights of way dedicated December 27, 1974, said point being located South 44 degrees 33 minutes 13 seconds East, 42.32 feet from the Northwest comer of the Southwest Quarter of the Southeast Quarter of said Section 16, as marked by a one -half inch square steel pin; Thence along said Southerly right of way line of West 50th Avenue South 89 degrees 42 minutes East, 660.22 feet to a point; Thence along lands known as Block 2, L & K Industrial Park Amended, South 00 degrees 35 minutes 51 seconds West, 505.28 feet to a point; Thence along lands of Public Service Company as per Deed in Book 744 at Page 56 of the Jefferson County records, South 74 degrees 50 minutes 58 seconds West, 269,37 feet to a point; Thence along said lands known as Lot 1, Block 3, L & K Industrial Park Amended, North 00 degrees 18 minutes East, 178.49 feet to a point; Thence along said lands known as Lot 5, Block 3, L & K industrial Park Amended, North 89 degrees 42 minutes West, 124.00 feet to a point; Thence along said lands known as Lot 2, Block 3, L & K Industrial Park Amended, North 00 degrees 18 minutes East, 195.00 feet to a point; Thence along some North 89 degrees 42 minutes West 275.00 feet to a point; Thence along said Easterly right of way line of Oak Street, North 00 degrees 35 minutes 34 seconds East, 203.55 feet to the point of beginning, County of Jefferson, State of Colorado Containing 22.500 acres more or less. �_ LOT 4 I BLOCK 3 I .30' W@ -E MAJOR INTERIOR OL�1VE ANC UTILITY EA.SEI✓IEHT PER PLAT 5A, 0`i "I CH E,A �ESC5 ly' a2 269 37. 574 °02'9 W Ai Control Point a Telephone Pedestal Electric Transformer Irrigation Control Box ® Inlet Grate Coniferous Tree 0 Deciduous Tree -'0 Light Pole W V Water Valve 'C� Fire Hydrant SS Sanitary Manhole Building Edge of Concrete Overhead Electric — X —X— Barbed Wire Fence -------- - - - - -- Edge of Gravel Path —�— a Chain Link Fence - Edge of ! Edge of Concrete - -J I EXISTING BUILDING — --- - - - - -- — - --J I ------------- - - - --i -- __...._ 260.19 PROJECT SiTE I I. - I ------ ---- -- 30' WIDE VALLEY WATER DISTRICT EASEMENT - I--- --- - - - - -- LEGAL DESCRIPTION - PARENT TRACT per Title Commitment No. 5509-1707120 dated 4-18-2011 by First American Title Company: That part of L & K industrial Park Amended, described as follows: Lots 4, 5 and 6, Block 3, L & K Industrial Park Amended, a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, described as follows: Beginning at a point at the intersection of the Southerly right of way line of West 50th Avenue and the Easterly right of way line of Oak Street, both 30 foot rights of way dedicated December 27, 1974, said point being located South 44 degrees 33 minutes 13 seconds East, 42.32 feet from the Northwest comer of the Southwest Quarter of the Southeast Quarter of said Section 16, as marked by a one -half inch square steel pin; Thence along said Southerly right of way line of West 50th Avenue South 89 degrees 42 minutes East, 660.22 feet to a point; Thence along lands known as Block 2, L & K Industrial Park Amended, South 00 degrees 35 minutes 51 seconds West, 505.28 feet to a point; Thence along lands of Public Service Company as per Deed in Book 744 at Page 56 of the Jefferson County records, South 74 degrees 50 minutes 58 seconds West, 269,37 feet to a point; Thence along said lands known as Lot 1, Block 3, L & K Industrial Park Amended, North 00 degrees 18 minutes East, 178.49 feet to a point; Thence along said lands known as Lot 5, Block 3, L & K industrial Park Amended, North 89 degrees 42 minutes West, 124.00 feet to a point; Thence along said lands known as Lot 2, Block 3, L & K Industrial Park Amended, North 00 degrees 18 minutes East, 195.00 feet to a point; Thence along some North 89 degrees 42 minutes West 275.00 feet to a point; Thence along said Easterly right of way line of Oak Street, North 00 degrees 35 minutes 34 seconds East, 203.55 feet to the point of beginning, County of Jefferson, State of Colorado Containing 22.500 acres more or less. �_ LOT 4 I BLOCK 3 I .30' W@ -E MAJOR INTERIOR OL�1VE ANC UTILITY EA.SEI✓IEHT PER PLAT 5A, 0`i "I CH E,A �ESC5 ly' a2 269 37. 574 °02'9 W Ai Control Point a Telephone Pedestal Electric Transformer Irrigation Control Box ® Inlet Grate Coniferous Tree 0 Deciduous Tree -'0 Light Pole W V Water Valve 'C� Fire Hydrant SS Sanitary Manhole Building Edge of Concrete Overhead Electric — X —X— Barbed Wire Fence -------- - - - - -- Edge of Gravel Path —�— a Chain Link Fence - Edge of Asphalt Edge of Concrete ECT INFORMATION: PETERSON COMPANY DN04073D 10700 W. 50TH AVE. WHEAT RIDGE, CO. 80033 JEFFERSON COUNTY CURRENT ISSUE DATE: 9/14/11 , ISSUED FOR: _...._ ZONING .RFV_: -DATE DF'�CRIPTIONI RY- ,1t'LANS HNLHARED BY: LAND SURVEY SCALES SET FOR A 24 "x36" "D" SIZE SHEET SHEET NUMBER: - ,1t'LANS HNLHARED BY: LAND SURVEY SCALES SET FOR A 24 "x36" "D" SIZE SHEET SHEET NUMBER: I i APPROX. PROPERTY LINE, TYP. 4 ­ASPHALT ACCESS/ STORAGE AREA ti IC C iZz� - - = � 3 76I 4 LANDSCAPED GRASS AREA I I I I ' I I I CUT BACK EXISTING SLOPE TO ALLOW FOR 12' GRAVEL ACCESS NEW T- MOBILE ACCESS & UTILITY ROUTE i II I I I I I 1 ( 4 �POND� 1 � a " - I — S \ PROPOSED MO S SOUTH PROPERTY LINE: 30' -3" 1 � 22' -2" (PAINT TO MATCH) EAST 0) 1 246' -2" � i 1 a " - I — S \ PROPOSED MO S SOUTH PROPERTY LINE: 30' -3" WEST PROPERTY LINE: 22' -2" (PAINT TO MATCH) EAST PROPERTY LINE: 246' -2" & UTILITY ROUTE NORTH PROPERTY LINE: 314' -4" w I EX. TREE, TYP. � r - -- NEW U/G ELEC. & TELCO RUNS (ROUTE TBD) - EX. TREE, TYP. RELOCATE EXISTING � I LANDSCAPE IRRIGATION AS NECESSARY r -NEW T- MOBILE CEDAR FENCE LEASE AREA w (SEE DET. 3 /A) 2 „ 2 \ PONDS LANDSC)'EO �� o GRASS AREA o o J �1 NEW T- MOBILE MONOPOLE - 316 �� 1 2 -" (SEE DET. 2/A1) 537 5 315 X373 It �- cl - - ` f 5376 \ �-FY IPPIrATiI NI Jam_ of DE VE LO P MENT y ur nl� 5' 0 10' 20' 30' 1" = 10' -0" SCALE: 1"=10'-O" n t-- N Q 4' -0" AZIMUTH 265° i d NEW T- MOBILE MW ANTENNA a; c°j I psi ' NEW T- MOBILE ANTENNA FRAME 12' -0" NEW T--- MOBILE CO- LOCATABLE MONOPOLE AZ — NEW T- MOBILE ANTENNA, TYP. 2' 0 4' 8' 12' 114" = 1' -0" SCALE: 1/4"=V-0" RELOCATE EXISTING LANDSCAPE IRRIGATION AS NECESSARY NEW T- MOBILE METER & DISCONNECT ON H -FRAME NEW T F NEW TEII IVI_VV - fVIV OI LL SERVICE LIGHT, TYP. X3 1/4" = 1' -0" CONCRETE ) E) EW T- MOBILE LEXI UNITS IN COA CABINET EW T- MOBILE TS CABINET, TYP. EW T- MOBILE PLIT FACED LOCK EQUIPMENT NCLOSURE W/ ONCRETE CAP EW T- MOBILE BU, TYP. EW T- MOBILE ABLE TRAY EW T- MOBILE 0- LOCATABLE IONOPOLE SEE DET. 2 /A1) 2' 0 4' 8' 1 2' SCALE: 1/4 " =1' -0" CURRENT ISSUE DATE: 09/14/11 ISSUED FOR: ZONING REV_: =DATE: DESCRIPTION_ ----- RY: A 05/11/11 PRELIM. ZONING KR NEW T- MOBILE 8' - -0" ZONING STEEL DOUBLE GATE A (PAINT TO MATCH) REV ZONING NEW T- MOBILE ACCESS r J & UTILITY ROUTE I NEW T- MOBILE U/G A ELEC. & TELCO RUNS V (ROUTE TBD) NEW T- MOBILE METER & DISCONNECT ON H -FRAME NEW T F NEW TEII IVI_VV - fVIV OI LL SERVICE LIGHT, TYP. X3 1/4" = 1' -0" CONCRETE ) E) EW T- MOBILE LEXI UNITS IN COA CABINET EW T- MOBILE TS CABINET, TYP. EW T- MOBILE PLIT FACED LOCK EQUIPMENT NCLOSURE W/ ONCRETE CAP EW T- MOBILE BU, TYP. EW T- MOBILE ABLE TRAY EW T- MOBILE 0- LOCATABLE IONOPOLE SEE DET. 2 /A1) 2' 0 4' 8' 1 2' SCALE: 1/4 " =1' -0" CURRENT ISSUE DATE: 09/14/11 ISSUED FOR: ZONING REV_: =DATE: DESCRIPTION_ ----- RY: A 05/11/11 PRELIM. ZONING KR 05/17/11 ZONING KR A 05/20/11 REV ZONING KR A 06/07/11 REV ZONING KR A 07/14/11 REV ZONING KR ® 08/08/11 REV ZONING KR A 09/14/11 REV ZONING KR A A ,PLANS HKEHAKL BY: DEVELOPMENT AREA, ANTENNA DETAIL & EQUIPMENT PLAN SCALES SET FOR A 24 "x36" "0" SIZE SHEET ,SHEET NUMBER: Ii f�� lh I (flit 4 i fly • : u�� CURRENT ISSUE DATE: 00/14/11 , ISSUED FOR: ZO NING .RFV.: =DATE: DESCRIPTIOE PETERSON COMPANY DN04073D 10700 W. 50TH AVE. WHEAT RIDGE, CO 80033 JEFFERSON COUNTY NEW T— MOBILE NEW T— MOBILE ANTENNA, TYP. MW ANTENNA � FUTURE CO— LOCATION AREA NEU! T--MOBILE CO --LOCATABLE MONOPOLE T.O. MO NOPOLE ELEV. 50' -0" C.L. ANTENNAS ELEV. 47' -0" T.O. MONOPOLE ELEV. 50'-0" C.L. ANTENNAS ELEV. 47' -0" NEW T— MOBILE - -' 'NEW T— MOBILE MW ANTENNA ANTENNA, TYP. I i FUTURE CO— LOCATION �� AR EA NEW T— MOBILE CO— LOCATABLE MONOPOLE y .. M 4 5 f Zuma Consultants, Inc. 13969 W. 1 st Ave. Golden, CO 80401 P:303- 325 -5606 F:303- 325 -5629 AWN BY: CHK.: APV.: KR KS KS - ENSURE: NEW T— MOBILE EQUIPMENT CABINETS ON A CONCRETE SLAB (NOT VISIBLE) __ NEW T— MOBILE SPLIT FACED R EX. TREE BLOCK W/ CONCRETE CAP EQUIPMENT ENCLOSURE NEW T— MOBILE UTILITY ` [TI EQUIPMENT -- `f XX / x >� \ j © �.. �., T.O. WALL ELEV. 8' -0" EX. GRADE:_ ELEV. 0'--0" NEW T— MOBILE EQUIPMENT - , CABINETS ON A CONCRETE SLAB (NOT VISIBLE) NEW T— MOBILE STEEL GATE - (PAINT TO MATCH) ' r-NEW T— MOBILE —NEW T— MOBILE SPLIT FACED I I UTILITY /t BLOCK W/ CONCRETE CAP EX. TREES EQUIPMENT EQUIPMENT ENCLOSURE T.O. WALL ELEV. 8'-0" EX. GRADE '\ ELEV. 0' -0 WEST ELEVATION 3116" = 1' -0 2.5' 0 5' 10' 15' SCALE: 3/16 " =1' -0" EET NORTH WEST ELEVATIONS SCALES SET FOR A 24'x36" "D" SIZE SHEET SHEET NUMBER: ���Iuummmmnn� r l��ul�ili�ll�mllup�� , I� y C 05/11/11 PRELIM. ZONING KR 05/17/11 ZONING KR 05/20/11 REV ZONING KR 06/07/11 REV ZONING KR A 07/14/11 REV ZONING KR k 08/08/11 REV ZONING KR U 09/14/11 REV ZONING KR y .. M 4 5 f Zuma Consultants, Inc. 13969 W. 1 st Ave. Golden, CO 80401 P:303- 325 -5606 F:303- 325 -5629 AWN BY: CHK.: APV.: KR KS KS - ENSURE: NEW T— MOBILE EQUIPMENT CABINETS ON A CONCRETE SLAB (NOT VISIBLE) __ NEW T— MOBILE SPLIT FACED R EX. TREE BLOCK W/ CONCRETE CAP EQUIPMENT ENCLOSURE NEW T— MOBILE UTILITY ` [TI EQUIPMENT -- `f XX / x >� \ j © �.. �., T.O. WALL ELEV. 8' -0" EX. GRADE:_ ELEV. 0'--0" NEW T— MOBILE EQUIPMENT - , CABINETS ON A CONCRETE SLAB (NOT VISIBLE) NEW T— MOBILE STEEL GATE - (PAINT TO MATCH) ' r-NEW T— MOBILE —NEW T— MOBILE SPLIT FACED I I UTILITY /t BLOCK W/ CONCRETE CAP EX. TREES EQUIPMENT EQUIPMENT ENCLOSURE T.O. WALL ELEV. 8'-0" EX. GRADE '\ ELEV. 0' -0 WEST ELEVATION 3116" = 1' -0 2.5' 0 5' 10' 15' SCALE: 3/16 " =1' -0" EET NORTH WEST ELEVATIONS SCALES SET FOR A 24'x36" "D" SIZE SHEET SHEET NUMBER: ���Iuummmmnn� r l��ul�ili�ll�mllup�� , I� y C T- Mobile Site Name: Peterson Company T- Mobile Site Number: DN04O73D X — C, Zuma Consul - - - TN- Prnnoriv nf• T - - Mobile,- 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 (This photo simulation is for i EXHIBIT 5 Existing View To The North From Frontage Road Proposed T- Mobile Monopole With Cedar Equipment Enclosure At Base T- Mobile Site Name: Peterson Company T- Mobile Site Number: DN04073D Proposed T- Mobile Monopole With Antennas oc.or Proposed T- Mobile Monopole With Antennas X CI Zuma Consultants Inc. Prop" of: T r a Mobil`i `s 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 (This photo simulation is for illustrative purposes only) Existing View To The Southwest From W. 50th Ave. WHE EiT U POSTING CERTIFICATION c �CORP'� O , CASE NO.. b to PLANNING CONMISSION / CITY COUNCIL / BOARD OF ADJUSTA4ENT (Circle One) BEARING DATE: /o 2 — (name) residing at L ` ttU rL i 6 L�'7 t U � �— (address) as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at �5 oU �" 2� �� / '"�� `) 4 V` (location) on this day of h �'`� , 20 ( , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. � I 3� g L &K - --- - - - - -- E PIQ PAR -- PI WZ8 a ' WZ•76 -3 WZ -77 -10 w PID PID-- qF . r 5ANDER5 INDU5TRIAL PARK PID WZ-M2 WZ -72 -32 INim- PDPP LLC LEE KUNZ DEVELOPMENT LLC 4975 MILLER ST 4096 YOUNGFIELD ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 0470 0002 3336 2081 _ PETERSON COMPANY 5000 OAK ST WHEAT RIDGE CO 80033 7011 0470 0002 3336 2104 COLORADO INDUSTRIAL 7011 0470 0002 3336 2098 PORTFOLIO LLC N K LLC DUBOIS ROBERT L 1512 LARIMER ST 325 12315 W 54TH DR 4951 MILLER ST DENVER CO 80202 ARVADA CO 80002 WHEAT RIDGE CO 80033 7011 0470 0002 3336 2067 7011 0470 0002 3336 2 0 2074 NEW WORLD VENTURES LLC FICCO INVESTMENT CO LLC % ACCTS PAYABLE 3650 VANCE ST 1 5875 N ROGERS AVE WHEAT RIDGE CO 80033 CHICAGO 1L 60646 7011 0470 0002 3336 21 7011 0470 0002 3336 4859 MILLER STREET L C ` , /� 4859 MILLER ST / /► 1/ / WHEAT RIDGE CO 80 7011 0470 0002 3336 2159 GASHAM R W 7011 0470 0002 3336 2142 % KEW REALTY CORP AK LIMITED PARTNERSHIP 300 S JACKSON ST 550 11445 I -70 FRONTAGE RD DENVER CO 80209 WHEAT RIDGE CO 80033 7011 0470 0002 3336 2111 7011 0470 0002 3 336 2128 City of �9� WheatR e 091 COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE September 22, 2011 Dear Property Owner: This is to inform you of Case No. WZ -11 -06 which is a request for approval of an Outline and Final Development Plan Amendment for property zoned Planned Industrial Development (PID) and located at 10700 West 50th Avenue. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission October 6, 2011 (ii), 7:00 p.m. City Council" November 14, 2011 (a, 7:00 p.m. As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. * *If you are a property owner within 100 feet of this property and immediately adjacent to this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. 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. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WZ 1106.doc www.ci.wheatridge.co.us CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ -11 -06 filed by Atecs for T- Mobile for approval of an Outline and Final Development Plan Amendment for property zoned Planned Industrial Development (PID) and located at 10700 West 50th Avenue will be held in the City Council Chambers, Municipal Building at 7500 West 29` Avenue, Wheat Ridge, Colorado, on October 6, 2011 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice is available in electronic form on the City's official website, www.ci.wheatrid eg co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, September 22, 2011 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on October 6, 2011 at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29`' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. 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. The following case shall be heard: Case No. WZ- 11 -06 An application filed by Atecs for T- Mobile for approval of an Outline and Final Development Plan Amendment for property zoned Planned Industrial Development (PID), located at 10700 West 50th Avenue, and legally described as follows: BLOCKS 1 & 2 AND LOTS 1, 2, 3, 4, 5 & 6 OF BLOCK 3 OF L & K INDUSTRIAL PARK AMENDMENT 6, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Kathy Field, Administrative Assistant a TECS PO Box 2409 Parker, CO 80134 September 19, 2011 Re: T- Mobile / Outline & Final Development Plan Amendment / 10700 W 50th Dear Ms. Reckert: In response to Staff comments in your letter dated August 29, 2011, please note the following revisions. Sheet One 1. Vicinity map revised. 2. Case No. added to Case History Box. 3. Case No. referenced in first sentence. 4. Under Allowed Uses, "for accessory" corrected. 5. Under Allowed Uses, third line, "the" replaced with "this ". 6. Existing height corrected to "42 ". 7. Owner's Certificate added: Bill Kubilus. 8. Under Explanation of Amendment, no "front yard placement" added; setbacks and other land use clarifications added. 9. Planning Commission Certificate box corrected. 10. Recorder's Certificate corrections added. 11. Under Notes, "CMRS" added. Sheet Two 1. Setbacks are shown on Sheet 2. 2. Scale revised as requested. 3. Drawing scale revised to engineering scale. Wheat Ridge Public Works 1. The Surveyor's Certification was revised as required. 2. Under Basis of Bearing, the bearing was revised as required, approved by Development Review Engineer. Arvada Fire protection District No comments. Wheat Ridge Urban Renewal 1. Equipment enclosure material has been revised to show split block now at 8' height. Valley Water District 1. Water service is not required as part of this Development Plan Amendment. If you have any questions, please let me know. Sinc ely, C S arner 303.601.3779 Site Development for T- Mobile 7901 East Lowry Blvd, #300 Denver, CO 80230 303 367 -7010 fax swarner@atecs.com 9 XcelEnergysm PUBLIC SER VICE COMPANY September 7, 2011 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Right of Way & Permits 1123 West 3' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 donna.l.george @xcelenergy.com RE: *AMENDED RESPONSE* T- Mobile- Atecs, Case # WZ -11 -06 Public Service Company of Colorado (PSCo) has reviewed the plans for T- Mobile- Atecs. It has been determined that PSCo's fee -owned property to the south of the subject property should not be encroached upon by the proposed development or any related off -site improvements or grading activities. The developer must contact the Builder's Call Line at 1- 800 - 628 -2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1- 800 - 922 -1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Thank you, Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Page 1 of) Meredith Reckert From: Warner, Steve [swarner @atecs.com] Sent: Friday, September 02, 2011 10:31 AM To: Meredith Reckert Subject: RE: Xcel energy Meredith - no, just staying out of their easement, otherwise, they don't care what we do. We're well away from it already, we just need to show on survey. That's good news. I presume early November? thx steve From: Meredith Reckert [ mailto :mreckert@ci.wheatridge.co.us] Sent: Friday, September 02, 2011 10:24 AM To: Warner, Steve Cc: erick.nelson23 @t- mobile.com Subject: RE: Xcel energy Were they worried about you maintaining a "free- fall" area? By the way, we are expediting your City Council hearing — don't have specific dates yet but should be in November instead of December. Meredith Reckert, AICP Senior Planner Office Phone: 303- 235 -2848 i 'IN 4 W I 1c.-It [ id 1(y,_- (OM1U1NIIN 11.1 te , .;1 I � From: Warner, Steve [mailto:swarner @atecs.com] Sent: Friday, September 02, 2011 10:17 AM To: Meredith Reckert Cc: erick.nelson23 @t- mobile.com Subject: RE: Xcel energy Thanks, Meredith, We contacted Xcel. As long as we're not in their easement we're fine with our location. We'll have the surveyor revise the survey to show where the Xcel easement runs. thx steve From: Meredith Reckert [mai Ito: mreckert@ci.wheatridge. co. us] Sent: Friday, September 02, 20119:02 AM To: Warner, Steve Subject: Xcel energy 9/2/2011 Page 2 of 2 Hi, Steve I just got this via email from Xcel. You need to contact them to resolve /discuss their issue. x Meredith Reckert, AICP Senior Planner 7500 W. 29t Avenue Meat Ridge. CO 80033 Office Phone: 303- 235 -2348 FAX: 303-235-2857 xv\v\v.ci.wheatridize.co.us City of W heat R dl, c t � )MMUNItY DIVIIOPMINI s " CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 9/2/2011 Xcel Energysm PUBLIC SERVICE COMPANY August 25, 2011 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert RE: T- Mobile - Atecs, Case # WZ -11 -06 Right of Way & Permits 1123 West 3 itl Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 Public Service Company of Colorado (PSCo) has determined there is a conflict with the above captioned project. Public Service Company has an existing electric transmission line and associated land rights as shown just to the south of this property. Any activity including grading proposed landscaping, erosion control or similar activities involving our existing right -of -way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner /developer /contractor to contact Mike Diehl at (303) 571- 7260 to have this project assigned to a Land Rights Agent for development plan review and execution of a License Agreement. The developer must contact the Builder's Call Line at 1- 800 - 628 -2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1 -800- 922 -1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303 - 571 -3306. Sincerely, Donna George Contract Right of Way Referral Processor Public Service Company of Colorado City of Wheat j�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building August 29, 2011 T- Mobile /Atecs Steve Warner 7901 East Lowry Blvd #300 Denver, CO 80230 Dear Mr. Warner: 7500 W. 24' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your request for approval of a combined Outline and Final Development amendment for property generally addressed as 10700 W. 50 Avenue. The following are my comments regarding the first submittal: SHEET ONE 1. The vicinity map is illegible. Replace the existing vicinity map with one that can be read. 2. In the Case history box, add the following: Case No. WZ- 11 -06. This comment should be transferred to all sheets where the case history box is included. 3. Under "Allowed Uses ", modify the first sentence to reference Case No. WZ- 72 -10. Because this document was not recorded, remove the reference to a reception number. 4. Under "Allowed Uses ", second line, correct the spelling of "foraccessory". 5. Under "Allowed Uses, third line, replace "the" with "this ". 6. Under Explanation of Amendment, the existing height restriction is 42', not 45'. 7. Under the Owner's Certificate, add an address for Bill Kubilus. This could be the business address. 8. Under Explanation of Amendment, last line, indicate that proposed CMRS towers shall not be located in the front yard of any building. Minimum setbacks should be 10' from side property lines and 15' from rear property lines. Indicate also co- locations and building and roof mounted CMRS facilities are allowed as well with no other land use process required besides a build1111 permit. 9. In the Planning Commission Certificate, provide lines for the approval dates to be written in. 10. In the recording certificate, provide lines that can be filled in with times, dates, signatures, etc. 11. Under Notes, provide the reference to "CMRS" and make sure this is used consistently through the document instead of C.M.R.S. SHEET TWO 1. Verify in the drawing that the minimum setbacks referenced on Sheet I can be met. 2. The site plan on this sheet is shown with a scale of 1/32" = 1' -0. For readability purposes, modify this to a scale recognized on an engineering scale, not an architectural scale. This holds true for the site plan drawing on sheet four. Your request was sent out for referral and the following are comments received: wwwxi.wheatridgexo.us Wheat Ridge Public Works: See attached comments from Dave Brossman dated August 15, 2011. Arvada Fire Protection District. See attached comment from Steve Steigleder dated August 18, 2011. Wheat Ridge Urban Renewal: See attached comments from Steve Art dated August 15, 2011. Valley Water District: See attached comments from Kathleen Kadnuck dated August 17, 2011. Please make the requested modifications to the plan set and resubmit two 24" x 36" copies for our review. This case is tentatively scheduled for Planning Commission public hearing on October 6, 2011. For the Planning Commission public hearing, I will need 15 copies of the modified ODP document by September 24. For publication purposes, I will need an electronic Word version of the legal description approved by Public Works by September 12. This can be emailed separately to mreckert@,ci.wlieatridge.co.us If you have any questions, feel free to contact me at 303 - 235 -2848. Sincerely, Meredith Reckert, AICP Senior Planner > a � City of Wheat -Midge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer X DATE: August 15, 2011 SUBJECT: Wz- Il -06 /T- Mobile -Atecs I have completed the first review of a request for a 7 Amendment to the L & K Industrial Park received on August 12, 2011 for the property located at 10700 W. 50 Avenue and I have the following comments: 1. The Surveyor's Certification on the cover sheet states that the surveyor, Mr. Robert Daly, performed a boundary survey of the L & K Industrial Park. If this is true then Mr. Daly should show all set and found pins, and indicate the as- measured (AM) bearings on the Current City Datum. If Mr. Daly did not actually perform a boundary survey this certification needs to be modified from what is currently shown to include the As -Built requirement. The following is the City's standard Surveyor's Certification for instances where the surveyor has not performed an actual boundary survey certification, and will need to be shown on this FDP Amendment: SURVEYOR'S CERTIFICATE I, Robert Daly do hereby certify that the property boundary information shown herein on the L & K Industrial Park Amendment #7 Outline Development Plan has been verified by me and to the best of my knowledge, information and belief, is correct and in accordance with the City of Wheat Ridge Municipal Code of Laws, and all applicable Colorado statutes, current revised edition as amended. Furthermore, upon completion of the project I agree to furnish an As -Built survey accurately locating all constructed items. Signature (Surveyor's Seal) 2. The tie to PHAC 4 needs to be double- checked. The distance of 1868.0' agrees with the official City mapping within 0.02', but the bearing appears to be off by about 45 . T- Mobile L&K Ind Pk ODP Amend 10700 WSOth Ave -review l.Itr.docx Pagc I of I Meredith Reckert From: Steve Steigleder [ steve .steigleder @arvadafire.com] Sent: Thursday, August 18, 2011 3:53 PM To: Meredith Reckert Subject: Amended PID Case WZ- 11 -06/T- Mobile Atecs 10700 W. 50th Ave. Dear Meredith, We have no objections to the Outline and Final Development Plan for L and K Industrial Park, 10700 W. 50 Ave. Steve 8/18/2011 Page l of I Meredith Reckert From: Steve Art Sent: Monday, August 15, 2011 11:26 AM To: Meredith Reckert Subject: WZ- 11- 06/T- Mobile -Atecs The Economic Development Division has no objections to the cell tower site. I would like to see the fence surrounding the equipment to be taller so that it covers all the equipment and made of a more permanent material other than cedar. Split block? Steve Art Economic Development & Urban Renewal Manager Direct: 303- 235 -2806 Cell: 720- 454 -9040 Fax: 303 - 235 -2806 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 www.ci. wheatridee.co.us City Cil Wheat Pic le CITY MANAGIRti01tfc t CONFIDENTIALITY NOTICE: This e -mail contains business- conlidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 8/15/2011 08/17/11 WED 08:27 FAX 303 424 0828 VALLEY WATER DIS VALLEY WATER DIS'T'RICT 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80033 TE Eri-ioNE 303 - 424-9661 FAX 303 -424 -0828 August 17, 2011 Meredith Reckert City of Wheat Ridge 7500 W. 29` Avenue Wheat Ridge, CO 80033 Dear Meredith: In response to your inquiry on Case #WZ- 11 -06 -T- Mobile, we offer the following comments. The Valley Water District does not have any concerns or conflicts with the installation of the tower as shown on the plans. We assume that there will be no need for water service at the site of the tower. If water service is needed, the District will need to be contacted regarding availability of service. Please feel free to contact me with any further questions. S rely, *athleen Kadnuck District Office Manager 2001 City of W heat Midge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer/+ DATE: August 15, 2011 SUBJECT: Wz- 11 -06 /T- Mobile -Atecs I have completed the first review of a request for a 7 th Amendment to the L & K Industrial Park received on August 12, 2011 for the property located at 10700 W. 50 Avenue and I have the following comments: The Surveyor's Certification on the cover sheet states that the surveyor, Mr. Robert Daly, performed a boundary survey of the L & K Industrial Park. If this is true then Mr. Daly should show all set and found pins, and indicate the as- measured (AM) bearings on the Current City Datum. If Mr. Daly did not actually perform a boundary survey this certification needs to be modified from what is currently shown to include the As -Built requirement. The following is the City's standard Surveyor's Certification for instances where the surveyor has not performed an actual boundary survey certification, and will need to be shown on this FDP Amendment: SURVEYOR'S CERTIFICATE I, Robert Daly do hereby certify that the property boundary information shown herein on the L & K Industrial Park Amendment #7 Outline Development Plan has been verified by me and to the best of my knowledge, information and belief, is correct and in accordance with the City of Wheat Ridge Municipal Code of Laws, and all applicable Colorado statutes, current revised edition as amended. Furthermore, upon completion of the project I agree to furnish an As -Built survey accurately locating all constructed items. Signature (Surveyor's Seal) 2. The tie to PHAC 4 needs to be double - checked. The distance of 1868.0' agrees with the official City mapping within 0.02', but the bearing appears to be off by about 45 °. T- Mobile L&K Ind Pk ODP Amend 10700 W50th Ave - review1.1tr.docx Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Community Development Referral Form Date: August 12, 2011 Response Due: August 26, 2011 The Wheat Ridge Community Development Department has received a request for approval of an amended Planned Industrial Development (PID) Outline and Final Development Plan for the L & K Industrial Park located at 10700 W. 50 Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ- 11 -06/T- Mobile -Atecs Request: Approval of a Planned Industrial Development (PID) amended Outline and Final Development Plan. The amended ODP /FDP will allow property owners to erect CMRS towers not exceeding 50' in height in the development. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert @ci.wheatridge.co.us DISTRIBUTION: Wheat Ridge Public Works Wheat Ridge Building Wheat Ridge Police Wheat Ridge Economic Development Arvada Fire District Xcel Energy AT & T Broadband Valley Water Fruitdale Sanitation The Carnation City Vicinity Map 4 Wr I y -�-- -- SOT H E AV "The Carnation City r _ Existing View To The Southwest From W. 50th Ave. ;? C:i Zuma Consultants Inc. Property of: , 1 a 7901 E. Lowry Blvd. Suite #300 Denver. CO 80230 (This photo simulation is for illustrative purposes only) T- Mobile Site Name: Peterson Company T- Mobile Site Number: DN04073D Proposed T- Mobile Monopole With Antennas T- Mobile Site Name: Peterson Company T- Mobile Site Number: DNO4073D ;? Zuma Consultants Inc. Propert ot: 1 • Mobile s 7901 E. Lowry Blvd. Suite #300 Denver, CO 80230 (This photo simulation is for illustrative purposes only) Existing View To The North From Frontage Road Proposed T- Mobile Monopole With Cedar Equipment Enclosure At Base Page 1 of 2 Meredith Reckert From: Meredith Reckert Sent: Wednesday, July 27, 2011 8:28 AM To: 'Warner, Steve' Cc: Nelson, Erick; Kathy Field Subject: RE: DN04073D Peterson Company consents Hi, Steve Yes, Peterson should sign the application form as well since it is primarily their property for which the request is being made. I have taken a look and will scan and send my remarks today. I am thinking that I will pro -rate the fee to reflect just Peterson's ownership which is 3.4 acres. So the fee is $600 + $250 per acre (3.4 acres) + $450 for noticing = $1900. If you have any questions, please let me know. Meredith Reckert, AICP Senior Planner O1TIce Phone: 303 - 235 -2848 t0% of W ht'att I iC I(Tt' From: Warner, Steve [mailto:swarner @atecs.com] Sent: Wednesday, July 27, 2011 7:27 AM To: Meredith Reckert Cc: Nelson, Erick Subject: RE: DN04073D Peterson Company consents Meredith, I have 3 owners who have signed the form not including Peterson, for a total of four. Does Peterson need to sign a form, too? When do you think you will have a look at the drawings for any last minute changes before we submit our application? Also, we need to know the fee amount. Thanks. Steve From: Meredith Reckert [ maiIto :mreckert@ci.wheatridge.co.us] Sent: Tuesday, July 26, 2011 12:49 PM To: Warner, Steve Cc: Nelson, Erick Subject: RE: DN04073D Peterson Company consents Because I'm not sure of the exact number of owners, let's go with four. Peterson can be one of the four, of coarse. :Meredith Reckert, AICP Scnior Planner Office Phone: 303 -23S -2548 L ih. A -� W I c til �:IIl l�!'.f 141;'!•! � 7/27/2011 /2011 Page 2 of) From: Warner, Steve [mai Ito: swarner @atecs.com] Sent: Friday, July 22, 2011 11:18 AM To: Meredith Reckert Cc: Nelson, Erick Subject: DN04073D Peterson Company consents Meredith, I have 3 consents in hand with possible 4th next week. Will 3 suffice? Thx Steve Warner ATECS for i Mobile 303 601 -3779 303 367 -7010 fax swarner cDatecs.com 7/27/2011 First American Title 16. Exceo.li -Qn .._..9..7_...2006075622 .._......._.._.._.. 2006075622 TD 01512212006 08:33:24 AM 9 Page(s) Jefferson bounty, tol.oradv Space Above This Line For Recording Date DEED OF TRUST DATE AND PARTIES. The date of this Deed Of Trust ISecurity Instrument) is June 15, 2408. The parties and their addresses are: GRANTOR: PETERSON COMPANY A Colorado Corporation 4949 COLORADO BLVD DENVER, Colorado 80216 TRUSTEE: PUBLIC TRUSTEE OF JEFFERSON COUNTY, COLORADO I r � 1 LENDER: MOUNTAIN STATES BANK (organized and existing under The laws of Colorado 1635 E, Colfax Avenue P.O. Box 18248 Denver, Colorado 80216 1. CONVEYANCE. For goad and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: THAT PART OF L & K INDUSTRIAL PARK, AMENDED, DESCRIBED AS FOLLOWS: Q =S LOTS 4, 5, AND 6, BLOCK 3, L & K INDUSTRIAL PARK, AMENDED. A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRACIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE I NTERSEC TIO N OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE AND THE EASTERLY RIGHT OF WAY LINE OF OAK STREET, BOTH 30 FOOT RIGHTS OF WAY DEDICATED DECEMBER 27, 1574, SAID POINT BEING LOCATED SOUTH 44 DEGREES 33 MINUTES 13 SECONDS EAST, 42.32 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, AS MARKED BY A ONE-HALF INCH SQUARE STEEL PIN; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WEST 50TH AVENUE SOUTH 89 DEGREES 42 MINUTES EAST, 660.22 FEET TO A POINT; THENCE ALONG LANDS KNOWN AS BLOCK 2, L & K INDUSTRIAL PARK, AMENDED, SOUTH 00 DEGREES 35 MINUTES 51 SECONDS WEST, 505.28 FEET TO A POINT; THENCE ALONG LANDS OF PUBLIC SERVICE COMPANY AS PER DEED IN BOOK 744 AT PAGE fie OF THE JEFFERSON COUNTY RECORDS. SOUTH 74 DEGREES 50 MINUTES 58 SECONDS WEST, 269.37 FEET TO A POINT; THENCE ALONG SAID LANDS KNOWN AS LOT 1, BLOCK 3, L & K INDUSTRIAL PARK, AMENDED, NORTH 00 DEGREES 18 MINUTES EAST, 178.49 FEET TO A POINT; THENCE ALONG SAID LANDS KNOWN AS LOT 5, BLOCK 3, L & K INDUSTRIAL PARK, AMENDED, NORTH 89 DEGREES 42 MINUTES VEST, 124.00 FEET TO A POINT, THENCE ALONG SAID LANDS KNOWN AS LOT 2, BLOCK 3, L 81 PETERSON COMPANY Colorado Ned O! Troaz Jni C014XX4hulhx00 9 3 7 10 0005 1 8801 808070$Y ®7996eanke'ssysuemt, Inc.. 5t. Cloud. MN & /F_ 51 Le `` o K INDUSTRIAL PARK Aftr U4DED, NORTH 00 DEGREES 18 MINUTES EAST, 195.00 FEET TO A POINT, THENCE ALONG SAME NORTH 89 DEGREES 42 PANUT1"S 1 11EST 275.00 FEET "TO A POIl`rF, THENCE ALONG SAID EASTERLY RIGHT OF 01AY LINE OF OAK STREET, NOIRTH 00 DEGREES 35 MINUTES 34 SECONDS EAST, 203.5:3 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. The property is located in JEFFERSON County at 10700 ICJ 50TH AVE AKA 50-00 OAK ST, WHEAT Fl IDGE, Colorado 80033. Together with all iicghts, easentents, appurtenances, royalties, rnineral rights, oil and gays rights, crops, timber, all diversion payments of third party payments made to crop producers, all water and riparian rights, t",I s, ditches, reservoirs and water stock and all existing and future improvements, structures, fixtures, and replace rnPnts that may now, or at any tirne in the future, be part of the real estate described (all referred to as Properr+). This Security Instrument will remain in effect until the Secured Debts and all underlying agteernenis have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal arnount secured by this Security Instrument at any one time v(ill not exceed 11,300,000.00. This limitation of amount rods not include interest and other fees and charges validly roade pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's secti6ty and to perform any of the covenants contained in this Security Instrument. 3, SECURED DEBTS. The term "Secured Debts" includes and this Security instrument will secure each of the fallowing: A. Specific Debts. The follo debt-, and ail extensions, renewals, refinancings, modifications and replacements, A promissoty note nr other agreement, No. 201a5934, dated June 15, 2.006, from PETERSON COMPANY, TERRY A WADSWORiTH , WILLIAM J KUBILUS III , BR[AN W HURD and DOUGLAS J HEFFERNAN (Borrower) to Lender, veith a mart arnount of $1,300,000.00 and maturing on June 15, 2011. B. All Debts. All prssont and future debts from PETERSON COMPANY, TERRY A WADSWORTH , WILUAM J KUEILUS III , PRIAN V1 HURD and DOUGLAS J HEFFERNAN To Leader, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it w0l secure debis incurred either individualty or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or feature loans or advances. Any such commitment must be in writing. In the everit that Lender fails to provide any required notice of zhe right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrurnerit. This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security interest is created it) "household goads" I connection with a "consumer loan,. as those terms are defined by federal law governing unfair and docciptive credit practices. This Security Instrument wili not Se"Te any cjpbt for which a security intere�i is created in "margin stock" and Lender does not obtairt a "statement of purpose," as defined and required by federni law governing securities. G. Sums Advanced, All Burns advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Grantor agrees that all payments under the Secured DvUis will btv paid wherr due aild in accordsnce with the terms of the Secured Debts and this Security Instrument. S. WARRANTY OF TITLE, Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Insuu"ient and has the right to irrevocably grant, convey and sell the Property to 'trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record, 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien docurnent that created a prior security interest or encumbrance on the Property, Grantor agrees-. A. To make all payments when due and to perform or comply with all covenants, C61wada Deed Of Trwa C0(4:aY.che!hrC49N "< <OQORS ia80ISOW70EY 0 1895 Bankers Sy,oamt, in,, St. CZ—d. W14 a11!1 U231je V 1sal_� First American Title r. B. To promptly deliver to Lender any notices that Grantor receive, from the holder, C, Not to allow any modification or extension of, nor to request any future advances under any note or 3gmement secured by the lien document without Lenders prior written consent, 7. CLAIMS AGAINST TITLE. Grantor wili pay all taxes, assessments, liens, encumbrances, lease payrnorrts, ground rents, utilities, and other charges relating to the Property when dui.. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Granter's payment. Grantor will defend title to the Property/ against any claims that would impair the lien of this Security Instrument. Grarr or agrees to assign to Lender, as requested by Lender, any rights, clairns or defenses Grantor may have against parties who supply labor or rriateriais to maintain or improve the Property. B, DUE " SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the crealion of, any lien, encurnbrance transfer or sate of all or any pare of the Property. This right is subject to the restrictions imposed by federal law 02 C.F.R. 5917, as applicable. 9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor ]s an entity other than a natural person Isuch as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Gramor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity, C. There is a change in ownership of mom than 25 percent of the voting stock of a corporation or similar entay. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and representations which will continue as long as this Security Inslrurnent is in effect: A.• Power. Grantor is duly organized, and validly existing and in good standing in Al jurisdictions in io,hich Granirr operates. Grantor has the power and authority to enter into this transaction and to carry on Grantor's bw;iness or activity as it is now being conducted and, as applicable, is qualified to dr•so in each jurisdiction in which Grantor operates. B. Authority. The execution, delvzry and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or trny of Grantor's property is subject. C. Name and Place of Business. Otfter than previously disclosed in writing to Lender, Grantor has not changed Grantor's narne or principal placr: of business within the last 10 years and has not used any Other trade or fictitious name. Without Lender's prior written consent, Grantor does not and wilt not use any other name and .vill preserve Grantor's existing name, trade names and franchises. 11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Gran for will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor vvill not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious wesds and grasses. Grantor agrees that the nature of tho necupancy and use will not substantially change without Fender's prior written consent, Grarkwr will not permit any Change ill any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of soy loss or darnage to the Property. No portion of the Property will be removed, demolished or materialiy altered without Lender's prior written ConsLnt except that Grantor has the right to remove iterns of personal property coniprising a part of the property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, tree from any title retention device, security agreement or other encumbrance. Such replacement of personal property will he deemed subject to the Colorado Deed Or Trost C0:4XXchaths009371000MMIW4gt@ MY X1995 60rkors S•rs -ms, Inc., St. Good, MN it r security interest created by this Security Instrument. Grantar will not partition or subdivide the Property without Lender's prior v:ritten consent, Lender or Lender's agents ;nay, ;, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspaction of the Property will be entirely for Lender's benefit and Grantor will in no vviav rely on Lender's inspection. 1 2, AUTHORITY T10 PERFORM. It Grantor fails to perform any duty ar any of the covenants contained in this Securi ty I n strume nt, tender May, without not ic e, perform or cause than, to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform fur Grantor will not create an obligation to perform, and Lender's failure to perform ;will not preclude Lender from exercising any of Lender's other rights under the lave or this Security instrun If any construction on the Property is discontinued or not carried ort in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the con utruction. 13. DEFAULT. Grantor .will be in default if any of the following occur: A. Payrnenta. Grantor or Borrower fail to maktt a payment in full when due - B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief lace, the assignmr - -at for the benefit of creditors by or on behalf of, the voluntary or invofuntiiry termination of existencea by, m the commencement of any proceeding under any present or fut(:re federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borwyrer, or any co- signer, endorser, surety or guatantor of this Security instrument or any other obligations Borrower has with Lender. C. Business Termination. G ran tor merges, d isgoN es, reorganues, ends its t usiness or existence, or a partner Of Majority owner dies or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any condition or to keep a p romise Or ooaenant of this Security Instrument. E. Other Documents. A default occurs under the terrns of arty ocher document relating to the Secured Debis, F. Other Agreement :z. Grantor is in default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is mada or provided. H. Judgment. Grantor fails to Satisfy or appeal any judgment agslnst Grantor. 1. Forfeiture. The Froporty is used in a manner or for a purpose that threatens confiscation by a Legal authority, J. Name Change. Grantor changes Grantor's name or assurnes an additional name vaithout notifying Lender before making such a change. It, Property Transfer. Grantor transfers all or a substantial part of Grantor's inoney or property. This condition of default, a_S it fe)ates to the transfer of the Property, is sul ject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M, Material Change. Without first notifying Leader, there is a material chance in Grantor's business, including ownership, management, and financial conditions. N. Insecurity. Lender determines in good faith that a material adverse change has Occurred in SorraWet's financial condition from the conditions set forth in l3crrower's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 14. REIVIFI]IES. On or after dofault, Lender may use any and all remedies Lender has under state or federal law or in any docu rent relating to the Secured Debts, including, without limitation, the porter to sell the Property or foreclose can installments witho -ut acceleration. Any amounts advanced oil €3ramor's behalf will be immediately COlurado Dead Of Tm -! COItxXchathas�38� )10�5i8Sbt8®3ra70�'.' ® t°, 988�nks 'sSUaSeMS,Ir+0,8t.L��d,h�� 'e" a11[l UeOIJ@WV IsJlzl First American Title due and may be added to the balance owing under the Secured Debts. Letwler may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedule or any other notice rights Grantor may have under federal J and state law, Lender may make all or any part of the amount owing by the terms of the Secured pelts immediately dun, and foreclose this Security Instrument in a manner provided by law upon the occurrence of Grantor's default or anytime thereafter. It there is a default, Trustee will, in addition to any other permitted remedy, at the request of the lender, adveftise and se ll the Property as a whole or in separate parrots at public auction to the highest bidder for cash. 'trustee will give notice of sale including the time, terms and place of sa le and a description of the Property to be stud as 174", 4uired by the applicable lawn in effect at the time of the proposed sale Upon the sale_ of the Property, to the extent not pfoltibited by law, and at such time purchaser is legally entitled W it, Trustee shall make and deliver a deed to the Property sold which conveys title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Securer] Debt, paying the surplus, it any, to persons legally entitled to it. Lender may purchase the Property. The recitals in any deed of conveyance shall he prima facie evidence of the facts set forth therein. Ali remedies are distinct curoulative and not exclusive, and the lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment at partial payrnent on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happen; scdain. 15, COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcernent or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation assts of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees after default and referral t o an attorney whc� is not a Salaried employee of the Lender, court oasts, and other collection costs. These expenses are due and payafla immediately. If not paid in'madiaiely, these expenses will bear interest frorn the date of payment until paid in fu at. the highest interest rate in effect as }provided for in the terms of the Secured Debts. In addition, to the extent permittcd by the united 5tatos Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred qy Lender to pmtert Lender's rights and interests in connectlon with any bankruptcy proceedings initiated: by or against Grantor. 16, ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means without limitation, the Gomprehensivo Environmental Response, Compensation and Liability Act ICERCLA, 42 U S,C. 9601 et seq.), :,It outer federal, state and local laves, regulations, ordinances, court orders, attorney genera€ opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance, and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term] includes, without limitation, any substances defined: a "hazardous material "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents, wafrants and agrees that A. Except as previertlsly disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, ]r uder or about the Property, except in the. ordinary course of business and in strict compliance with all oppficable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause contribute to. or permit the release of any Hazardous Substance on the Property. colpraoso Dowd Of Tn,st CCs /�X Ccrw2r�900937100M� 1"01 W60706Y 11 1336 Bankers S"tartu, Inc., F.I. Cloud, MIN �rTa C. Grantor will immediately noti Leader if (1) a release or threatened release of Hazardous ,ubsta :ice occurs on, under or about the Property or migrates or threatens to rnigrate from nearby property; or Q) there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law. 0. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to I I l any Hazardous Substance located on, under or about the Property; or (2.) any violation by Grantor or any tenant of any Environmental Lava. grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened inveWgwion, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have Keen, ate and will r+ernain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no undetground storage tanks, privato dumps or open wells located on or under the Property and no such tank, dump or well will he added unless Lender fiat consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operation. on the Property, and confirm that all permit's, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, mender or Lender's agent to errter and inspect the Property and revwe all records at any reasonable time to determine (1) the eXlSt6nCe, iocation and nature of any Hazardous Substance on, under or about the Property; (21 the existence, location, nature and magnitude of any Hozmdous Substance that has been released ors, under or about the Property; or (3) whether or not Grantor and any tenant are in cornpliance vvilth applicable Environmental Law, I. Upon Lender's request and at any time, Grantor agrees, at grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer evho will perforra such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantrr's obligations under this section at Grantor's expense - K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against atl losses, claims, demands, liabilities, damages, cleanup, response and rewediation costs, penalties rind expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2l at Lender's discretion, Lender may telease this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the litnguage contained in this Security lostrUment to the contrary, the terms of this section will survive any foreclosure or Satisfa of this Security+ Inst regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property, Any clairns and defenses to the contrary are hereby waived. 17. Cf ME)EIVINAT(ON. Grantor will give Lender prompt notice of any pending or threatened action by private or pu€7iic entities to purchase or take any or all of the Property through conderrtnatiol�, eminent domain, or any other means. Grantor authorizes tender to intervene in Grantor's name in any of the above described actions or clairns. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condernpation or othrsr taking of all or any part of the Property. Such proceeds wile be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is Subject to the terms of any prior mortgage, deed of trust, security agreement or other lien 'document. 18. INSURANCE. Grantor agrees to keep the Propertyt insured against the risks reasonably associated with thr' Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last untif the CO €Gi3d43 O"d Or Ym9t - G3 %3xY.cWM0 937IOW0S1690190C0706Y 4 1996 Bankers Systeri2, ire., St, Clod, M14 JF--45 al}Jl ueO1JeWd JSJ1J First American Title Property is released from th is Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the Term of the Secured; Debts. Grantor may choose the insurance company, l� subject to Lender's appruvaf, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage Clause" :Celli, where applicable, "loss payee clause " It required by Lender, Grantor agrees to maintain comprehensive gene al Irability insurance and rental loss or business interruption insurance in amounts and under policies acceptable To Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental lass or business interruption insuranca roust be in an arnount equal to at least coverage of ona year's debt service, and required escrow account deposirs fit agreed to! igparately in writing). Grantor vAll give Lender and the insurance company immediate notice of any loss, All insurance proceeds will be £applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender aaquifes the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts< Grantor will immediately notify lender of cancellation or termination of insurance. It Grantor fails to keep the Property insured. Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the inslfranoEv on Lendef'S &&and. Lender may demand ti Grailtor pay for the i nsurance 311 at once, of Lender may add the insurance prrarniums to the balance of the Secured Debts and charge interest on it at tyre rate that applies to the Secured Debts. This insurance may include coverage:: not originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at 3 higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates play receive commissions on the purchase of this insurance. 19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to bender funds for taxes and insurance in escrow, 20, CO- S if Grantor signs this Security instrument but is not otherwise obligated to pay the Secured Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of tho Secured Debts' and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. if this Security Instrument sacures a guarianty between Lender and Grantor, Grantor agues to waive any rights that they prevent Lender from bringing any action of claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, arty awkdeficiency or one action laws: 21. WAJVERS. Except to the extent prohibited by lauv, Grantor waives all appraisernent and homestead cxen'pLiOr rights rotating co the Property. 22, APPLICABLE LAW, This Secufity Instrument: is governed by the lav% of Colorado, the United States of America, and to the extent required, by the lanes of the jurisdiction where the Property is located, except to the extent such State laws are preempted by federal law. 23. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security lnztrument are independent of the obligations of any other Grantor. Lender may Sue each Grantor individually or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property, Grantor agrees that Lender and anv party to this Security Instrument may extend, modify ar make any change in the terms of this Security Instrument or tiny evidence of deL•t without Grantor's consent. Such a change will not release Grantor from the terms of thi3 Security lnstrumont. The duties and benefits of this Security lrlstrurnent will bind and benefit the successors and assigns of Lender and Grantor, 24. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by Ural agreement. No amendment or modificaticort of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will he severed and the remaining provisions will still be enforceable, CoioraCD Owed Of Treat GO! 4XXchedF300?371OOW 1 ap0189Efl106Y Q1336 eankors 3Ymms, 1ric:- St, Cl"d, :tN 25. INTERPRETATION. Whenever used, the singular includes the plural and The plural includes the singular. 'the section headings are for corcvenitmee only and are not to be rrsFd co interpret or define the terms of this Security Instrument. 28, NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING FAXES, Unless otherwise required by lava, any notice will be given by delivering it or mailing it by first class, mail to the appropriate party's address listed in the DATE AND PARTIES sertion, or to arty other address deSignatc in rwriring. Nance to one Grantor will be deerned to be notice to all Grantors. Grantor will inform tender in writing of any &,ange in Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete, Grantor agrees to pay all expanses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional r1)rurnertt5 or cerWications that Lende? may consider necessary to perfect, continue, and preserve Grantor's Obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Graniar agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Tithe is of the essence. SIGNATURES. By signing, Grantor agrees to the tern }s and coveriar,ts contairied in this Security Insttun•ent. Grantor also acknowledges receipt of a copy of this S'ecu.ity Instrument. GRANTOR: PETERSON TE fvl J KUBILU"], TREASURER LENDER: /I- Mountain Stater,>3 By Dan Griffin, Executi e Vice President Coi Deed Of Trust Cr ,QXXchctl a008371000r)S 19"1 8C 6070V!r 1 "1996 eanFa's Systems, Inc., 9t. Cloud, W4 Pago alfll ueOuauay fsai_� First American Title ACKNOWLEDGMENT. (Business orInfity) CHERISE THAI �tL• OF Edr a� _ aEt� COL This instrument was acknowledges( before the this er day of by TERRY A WADSWORTH - PRESIDENT and WILLIAM J KUBILUS lil - TREASURER of PETERSON COMPANY a Colorado corporation, on behalf of the corporation. My commission expires: ...` a (Notary Public) 'WY C�a'VE rl ZOOSAW24, Xte (Lender fie cknowledgment) CH ERISE es� THAI ' �� ���4► OF C OF This instrument was acknowledged before me this s' � day of by Lean Griffin -- Executive !lice President of Mountain States Sank, a behalf of the Corporation. My commission expires: (Notary Pub!' - CQW � C'prresApd20, Mff Colorado ht%Eh Of Iniiia> C013XXen9ehap4g371 3 7t04065 1 8 80�8060746Y ° 1 &868ankaro Svaun+a. Inc.. Sc. G1o�d. M14 =rte !; ETERS ON COMPANY SERA 10700 W. 50TH AVENUE AREA CODE 303 -386 -6322 WHEAT RIDGE, COLORADO 80033 Wednesday, July 13, 2011 City of Wheat Ridge 7500 W. 29th Wheat Ridge, CO 80033 Dear Planning Department Peterson Company authorizes T- Mobile to represent our interests in the CMRS construction permit process. Please contact me at 303 -388 -6322 with any questions or concerns. Sincerely, William J. Kubilus III Peterson Company C itv of � wheat idge COMMUNITY DEVELOPMENT 7500 W. 29 Avenue, Wheat Ridge, Colorado 80033 Planning Division 303 - 235 -2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, %iWC WP as (Print name) Grltr �E JE t.� P�� N'(' (Position /Job Title) of /with T M0i;lLC (Entity applying for permit/approval) (hereinafter, the "Applicant "), do hereby certify that notice of the application for AA41 7rt rjMl u r '(-o -4,J C o p Z r" 1� F , set for public hearing on (describe type of application) 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24- 65.5 - 103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. E� Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this 1' 9 "+ day of J �� I , 20 (( , By: � 41 City of ] LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue 0 Wheat Ridge, CO 80033 • Phone (303) 235 -2846 (Please print or type all information) -* 3oo Applicant TMo6ll� - hf� Address 7'1 CAsT LoWkJ , &3 D Phone 3 60 1 37 � City V6E e' (Z - State 6?0 Zip___ o Z3o - o Fax 36 to Owner Fc- God- lPfr�`� Address �Oloo ' I W. Sc�fi�^ lue Phoned 38� bS1Z City wwe-fw lF -y>6s State CO Zip �2>0o3 Fax 3 3 9 -003 -- .' cc Contact �� E WA43 Ea­ # Address 7`f o l E Asr WJ 2.Y 13L k Phon e 9 S 779 City E(•' State GO Zip O 3o Fax 3 30• 1 71 0 , o (The person listed as contact will be contacted to answer questions regarding this application, provide additional information 4 hen necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 1 O 10 O W • SO Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side C�Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) 0 Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign • Lot Line Adjustment O Concept Plan approval O Variance /Waiver (from Section ) • Planned Building Group O Right of Way Vacation O Other: Detailed description of request: OJ i L-ItJ C- 1�7EJ�t,�(�ik4tJT �l.�tJ �MEt�1��tE�'1" — ( lS ITS C{ �E GNt t 51 MQ0PPO(,E Q)01 }�' ;OGATL- 7 E&OtPMfNT L9CATFn AT RASe of POLE. Required information: Assessors Parcel Number: ? 7�f 1 �� Z 403 Size of Lot (acres or square footage): 22.'� t- Current Zoning: I b Proposed Zoning: Current Use: MEl F iZ( CA.11 olJ 5 Cf S Proposed Use: GMCal I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit ne fr m the owner which approved of this action on his behalf. J Signature of Applicant G. Subscrib 'Sworn** his l3 day of �� , 20 I � ` G j N tary Public ,•,PUBV My commission expires To be filled out by staff: Date received Y/l 0 /// Fee $ 19dl Receipt No C0&d ( o 0 s 1 - 5_ Case No. 14/2-' � USA Comp Plan Desig. Zoning 7 Quarter Section Map Related Case No. Pre -App Mtg. Date / Case Manager ' eP r � P r -/-- LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 20 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 Applicant t- AA o 1, t w. - Am( City E Owner �� ���s�" �/��?LLG Address 7 07 5 ��cX_ Phone 2 yrn City State & Zip 3 Z Fax r *k goo Contact ��(`r VE W J /J CS Address 71 SAS r L4O' W 2`i' FPWI-3 Phone V 601-5 - 171 5 City 2g E2 State .`moo Zip g02-30 Fax 3 5 67- 7 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information Aen necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 1 p 700. W. A it 1 Ue Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit • Consolidation Plat ❑ Subdivision: Minor (5 lots or less) • Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) • Lot Line Adjustment ❑ Right of Way Vacation • Planned Building Group ❑ Temporary Use, Building, Sign • Site Development Plan approval ❑ Variance/Waiver (from Section ) f?ther: PDp Detailed description of request: P P- OPOSC-D L JMA 1��Ef> T- MVKtLJ Vt�l)�ELrSS la E (Please print or type all information) 50O Address 7�� l E�S�' �� i �l.Jl� Phone 3 6o 3 177 State G=o Zip eO Z 3 o Fax '515 Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power- of- attorney-frcn the e owner w ich approved of this action on his behalf. Signature of Applicant To be filled out by staff: Date received Comp Plan Desig. Related Case No. It � to z is Z� day of . 20 PUBL� fury Public My commission expires Fee $ Receipt No. Zoning Pre -App Mtg. Date Case No. Quarter Section Map_ Case Manager Applicant T M 0 is l City Pl� LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 20 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 (Please print or type all information) —4500 �1l CGS Address 7`� t;P�`�'r ��`i &03 Phone State C:o Zip 16O Z 3 0 Fax 5047 - 7o i o Owner Z, Gam � C� j "Z_ Addres / y�, LJ - S 044 Phone (3/ oe-y Z. S City rr Stat Zip ��y{� # _r, l 9Yo-cc, Contact ' �7r"�re W,A eQ_ ATEGS Address 7 l: A'5 T L-O W A`r ?-1WI3 Phone 3 6014 Ciry BEN E2_ State Go Zip 60230 Fax -31 6 - 7 1 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information Hen necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 1 0 -7 0 c> . W • S A i4 j l e Type of action requested (check one or more of the actions listed below which pertain to your request): / Application submittal requirements on reverse side ® Change of zone or zone conditions ❑ Special Use Permit • Consolidation Plat ❑ Subdivision: Minor (5 lots or less) • Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) • Lot Line Adjustment ❑ Right of Way Vacation • Planned Building Group ❑ Temporary Use, Building, Sign • Site Development Plan approval ❑ Variance/Waiver (from Section _ } i0ther: 1KM E hS 0-1✓letJt TJ oDP t f=op Detailed description of request: J( JM.A�I.IFD T M D KiLe VJ1xelreS5 (0R4;;AJNP C Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the recluested. action cannot lawfully be accomplished. Applicants other than owners must submit power -of attorney ' ji which apbroved of this action on his behalf. mow, Signature ofApplteaet+ �// .,,,.: 4 11 1 IJ,7 ,r o Public 1 -2126 My commission expires To be filled out by staff: Date received Fee $ Receipt No. Case No. Comp PIan Desig. Zoning Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 20 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 —cam/ (Please print or type all information) - 4 500 Applicant T 06 1 L - AT F 7101 79 ©l t: �s� � �� �tr�t� Phone 3 t5o1. Sin Ci State G:o Zip ec> Z 3 o Fax V Owner ., Address /t) 6 .25 W. 7,0 1 /eis 1 Phone )oo - 3 , f ) o -e City (,J Stat Zip Fax ( �P - �1�L 300 �E Contact Ve W 4TCC..S Address 7` 0 1 FAST Lowiz!' F>Wl-3 Phone V 601-5 - 17 4 ) City cam( c2 State Zip 802-30 Fax 3 6 - 010 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information en necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 1 c> 7 00. W • Sow^ A• iJ J U e Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ PIanned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) iOther: IkAet!JOIAt&Nt TZ) DDP r Detailed description of request: t 1zoPo5ct� L J MA1 kle1> T= MD61L+E V%J1XC -LC-SS 'reLC- C0t-Q A 1 CA1'1oN5 - k FlkC l Ll fiY 66' 1 t-J 14eI wr A Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power- of- attorney",fxpm t�,"wner which approved of this action on his behalf. Signature of Applieantt_ To be filled out by staff- G. me this -21 day of v 20 ••. s- NOTq�, : N tary public y commission expires p7(os J a wc; Date received Fee $ Case No. Comp Plan Desig. Zoning Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager LAND USE CASE PROCESSING APPLICA`1'ION Community Development Department 7500 West 29 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 (Please print or type all information) �O Applicant l�Ut'� l( - ,A BL,5 Address - '71 E �s� W t�Jk` P> 0 Phone��l 577` City t7�ctiJ , State Ga - Zip O Z. C) M Fax Owner ! t t c_r � vN �f har..l �� Address (t - i c: c' lki ��� 1( /V Phone City V\,i i' i F ��i t 7 t �� L t' State 7.ip �� : c Fax 1 Contact �t"c =�/ K -tJ�2; /a S Address 7`1a) LkSr l.oy�R`; 4�u/i> Phone3 6C1 -5 ?7 city �_F E/L,_ -- State � Zip x0230 ^ Fax 3 4- o J & (The person listed as contact will be contacted to answer questions regarding this application, provide additional information % en necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): !a /p � SOS` /, �tjue Type of action requested (check one or more of the actions listed below which pertain to your request): Application subndual requirentenls on reverse side Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval Cl Variance /Waiver (from Section ) �Offier: PA - L— At�Msr Ti p 0DP FOP Detailed description of reques FF-OP05f - D tJfIJA4.A14( Gl - 7 ML)%SlLL- 0J1XC - C> 1"L.cxJ tj P CQ UI EmIff l Required information: Assessors Parcel Number:_ _ Size of Lot (acres or square footage): Current Zoning:_____._ Proposed Zoning: Current Use: — _ Proposed Use:_ I certify that the information and exhibits herewith subinitted are true and correct to the best of any knowledge and that in filiuig this application, 1 am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be a coniplished. Applicants other than owners must subinit power-of-attorney from the • • wh of this action on his behalf. Signature of Applicant To be filled out by staff: CO- J10TA)q), —s-- iJ', U— Date received ` Comp Plan Desig. _ Related Case No. and sworn to me thi day of � U,cS� 0 1k y Yubli -- mis si expires (p I I p cS No. Pre -App Mtg. Date Case No. _ Quarter Secti__ on Map_ Case Manager_ City O f Wheat �id,e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 July 29, 2011 Steve Warner Atecs 15042 Prairie Place Broomfield, CO 80020 Dear Steve: This letter is to inform you that your application package for approval of a combined Outline and Final development plan amendment to the L & K Industrial Park PID will have the following processing fees. Development Plan Amendment, Hearings Required Application .............................................................. ............................... $ 600 Plus $250 /acre (1 acre)* ................................................. ............................... $ 850 Publication/Public Notice Fee ........................................ ............................... $ 450 Total .................................................................. ............................... $ 1,900 Payment is due upon receipt of a complete land use application package. Please feel free to contact me at 303 - 235 -2848 if you have any questions. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co.us City of _ `JV heat - ._Tc X ; �(�,U4it ',f t� -K7 LAND USE APPLICATION FORM Case No. WZ1106 Date Received 8/10/2011, Related Cases Case Planner Reckert Case Description Amended ODP /FDP .ip�psdicavrf /n/�fnePefinn Name T - Mobile - Atecs Name Phone (303)601 -3779 Address 7901 E. Lowry Blvd., #300 City Denver State CO Zip 80230 - affl&-f /�isvafi W Name Peterson Co. Name Phone (303) 388.6322 Address 10700 W. 50th Ave. City Wheat Ridge State CO Zip 80033- Confect //?A navefinrr Name Steve Warner Name Phone (303) 601 -3779 Address ;7901 E. Lowry Blvd., #300 City Denver State CO Zip 80230 - 1 r_V*ct linlnsom atriair Address 10700 Street West 50th Avenue City Wheat Ridge State CO Zip ,80033 ti - -- -- - - Location Description Project Name : L& K Industrial Park Amendment #7 Parcel No. 39- 164 -02 -003 Qtr Section: .SE16 District No.: IV .. Review Pre -App Date 5/26/2011 Neighborhood Meeting Date 7/6/2011 App No: APP1116 v Review Type Review Body Review Date Disposition Comments Report ^ Public Hearing PC v v L] Public Hearing CC v v ❑ v v L-3 v CITY OF WHEAT RIDGE 68/19/11 10:31 AM edbb Steve Warner 11TH CONSULTING INC Site Acquisition / Zoning Speciaiist RECEIPT NO:CDk996515 AMOUNT TECS � 15042 Prairie Place FMSD ZONING APPLICATION F 1,459.99 Br oomfield, CO 80020 ZONE FMSD ZONING REIMBURSEMENT 459.99 ZREIM Wireless Telecommunications 303.601.3779 PAYMENT RECEIVED AMOUNT Consulting + Design + Engineering swamer@atees.com CK 1213 1,999.99 @ TOTAL ---------------------------------- 11 900.00 - - - - -- W W W.ATECS.COM a ®y City Of Wheat ,dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: City Staff Present: Location of meeting: Property location: July 6, 2011 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29` Avenue Wheat Ridge, CO 80033 10700 W. 50 Avenue. Applicants: Steve Warner — Site Acquisition ATECS 15042 Prairie Place Broomfield, CO 80020 Bill Kubius 10700 W. 50 Avenue Wheat Ridge, CO John Keating — RF engineer 7901 East Lowry Blvd #300 Denver, CO Property Owner(s) present? Yes Existing Zoning: PID, Planned Industrial Development Comprehensive Plan Designation: Employment Member(s) of the community present: None www.ci.wheatridge.co.0 s CL CO U O O N i cp O . Z U L OQ T Q� 0 U U') U O O o Ri O O � U O E 0 Q a _O a) M C O .� - 0 6 .O LO C Z_ a N W U) Q ui I Q a- 0 l \ fJ r- 4 V V' v Iry !� 4 tl N. i E Z 4 V ri rl ( VW C r N ce) - L Zon i Pip P® -. i 'PID PID , ♦ . , .- __.STHAVE.-_ ` V " £..,. _;, •. - -- --- — 50TH AVE kn 1 < _ A_1 •-' +NTH JIVE PID PID �n _ Y�.Y � F � ( ' 1 , .^ ►111 F O� = A -1 F70 WB'HWY RO EB HWY - ' np --- fie RAk?P Aerial 90700 W. 50th Avenue • T- Mobile CMRS Facility ra ,Mobile NOTICE OF NEIGHBORHOOD IMPUT MEETING T- Mobile USA is proposing an ODP Amendment on property zoned Planned Industrial Development located at 10700 W 50 Ave. A neighborhood meeting will be held on July 6, 2011, 6:00 P.M., in the second floor conference room at City Hall, 7500 W. 29` Avenue. The purpose of the meeting is to allow T- Mobile representatives to describe the project and answer questions frorn property owners. The specific proposal is to amend the PID to allow accessory structures up to 50' in height to allow construction of a CMRS tower. The City of Wheat Ridge has adopted a requirement that prior to any application for an ODP Amendment an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues, and desires. A staff planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will rernain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearing in front of the Community Development Director and /or City Council where decisions are rendered. If you want input in the decision - making process, it is imperative that you attend the public hearing. The kinds of concerns residents /property owners normally have include the following: Is the proposal compatible with surrounding land uses and zoning? Are there adequate utilities and services in place? How will this proposal affect my property? What is the impact on the streets and traffic? How will the project be designed to fit into the neighborhood? If you have any questions, please call the Planning Division at (303) 235 -2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 79 Avenue Wheat Ridge, CO 80033 1-Mobile USA, Inc Off z (303) 3677000 fax: (303) 367 -7010 7401 Fast Levu, Blvd- Surte 300 Denver. CO 80230 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT /TENANT 10501 I -70 FRONTAGE RD 4990 PARFET ST 4955 MILLER ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4980 OAK ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 10625 I -70 FRONTAGE RD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4855 MILLER ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 10601 I -70 FRONTAGE RD WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4950 OAK ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 10619 W 50TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 5132 PARFET ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 5005 OAK ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 10790 W 50TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 10600 W 50TH AVE WHEAT RIDGE CO 80033 DEARING DANIEL R PETERSON COMPANY PO BOX 17240 5000 OAK ST GOLDEN CO 80402 WHEAT RIDGE CO 80033 BEAR LAND HOLDINGS LLC 4859 MILLER STREET LLC 11001 W I -70 FRONTAGE RD 4859 MILLER ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 DUBOIS ROBERT L 4859 MILLER STREET LLC 4951 MILLER ST PO BOX 17240 WHEAT RIDGE CO 80033 GOLDEN CO 80402 E N K LLC SIX OAK LIMITED PARTNERSHIP 12315 W 54TH DR 11445 1 -70 FRONTAGE RD ARVADA CO 80002 WHEAT RIDGE CO 80033 TIN INC HOSS DAVID C % PROPERTY TAX DEPT 5225 TABOR ST PO BOX 161987 ARVADA CO 80002 AUSTIN TX 78716 GASHAM R W PDPP LLC % KEW REALTY CORP 4975 MILLER ST 300 S JACKSON ST 550 WHEAT RIDGE CO 80033 DENVER CO 80209 MILLERCOORS LLC NATIONAL ADVERTISING CO % REAL ESTATE DEPT COORS 4647 LEYDEN ST BREWING COMPANY DENVER CO 80216 17735 W 32ND AVE GOLDEN CO 80401 NEW WORLD VENTURES LLC % ACCTS PAYABLE 5875 N ROGERS AVE CHICAGO IL 60646 FICCO INVESTMENT CO LLC 3650 VANCE ST 1 WHEAT RIDGE CO 80033 4855 MILLER STREET LLC PO BOX 17240 GOLDEN CO 80402 SWINGLE W H % JEFFERSON COUNTY TREASURER 100 JEFFERSON CNTY PKWY 2520 GOLDEN CO 80419 COLORADO INDUSTRIAL PORTFOLIO LLC 1512 LARIMER ST 325 DENVER CO 80202 10501 WEST 48TH AVENUE LLC PO BOX 17240 GOLDEN CO 80402 WEHLING FRANK W 5006 PARFET ST WHEAT RIDGE CO 80033 LEE KUNZ DEVELOPMENT LLC 4096 YOUNGFIELD ST WHEAT RIDGE CO 80033 C' f �iLy vi Wh6atpjdge COMMUMTY DEVELOPMENT Wheat Ridge Community Development Department PRE- APPLICATION MEETING SUMMARY Meeting Date: Applicant: Attending Staff: Specific Site Location: Existing Zoning: Existing Comp. Plan: May 26, 2011 Charles G. Augello, PAC Consulting for T- Mobile Sarah Showalter, Planner II Lauren Mikulak, Planner I 10700 W. 50 Avenue, Wheat Ridge, CO Planned Industrial Development (PID) Employment Existing Site Conditions: The property is located at 10700 W. 50 "' Avenue and is zoned Planned Industrial Development (PID). The site is part of the L &K Industrial Park; a planned development that was originally approved in 1974. The most recent amendment to the development plan was approved in 1987. The development allows for a wide range of industrial and commercial uses and currently includes several buildings and businesses and two detention ponds. The subject parcel contains one of the detention ponds and is located at the middle of the development's southern property line. The parcel is one of several owned by Peterson Company. Parcels north of the subject property are also zoned PID, and across W. 50` Avenue is the Rocky Mountain Bottling Company. To the south is a right -of -way zoned Agricultural -One that contains a series of Xcel Energy transmission towers and power lines. To the east across Miller Street is the Arvada Ridge Market Place in the City of Arvada. To the west are properties zoned commercially and agriculturally (C -1 and A -1). Applicant/Owner Preliminary Proposal: The applicant, T- Mobile, is proposing to construct a 75 -foot freestanding CMRS monopole with three frames that can accommodate a total of nine antennae. The monopole can also accommodate a future co- location. The proposal includes construction of an equipment enclosure (15' x 30') around the base of the monopole. The area would be screened by a 6 -foot tall fence that is compatible with existing fencing on the property. The enclosure would include a concrete pad for equipment cabinets; the remainder would be surfaced with crushed rock. The applicant is currently in negotiations with the property owner to obtain the lease space and is actively fulfilling FCC requirements related to NEPA, SHPO, and FAA. Will a neighborhood meeting need to be held prior to application submittal? Possibly; option 1 (below) would not require a neighborhood meeting; options 2 and 3 would require the applicant to hold a neighborhood meeting. Planning comments: The site is zoned Planned Industrial Development (PID). All planned developments have their own zoning documents that identify permitted uses and development standards. Planned developments generally have an Outline Development Plan (ODP) and a Final Development Plan (FDP). The ODP establishes permitted uses, specific development standards, and other regulations related to intensity and use of the land; the FDP provides the final site plan and engineering design details. The subject property is part of the L &K Industrial Park planned development. While a CMRS facility would be a permitted accessory use on the property, the ODP for this development clearly states a height limitation of 42 feet. With this restriction, the applicant will need to modify the original proposal, and consider the following options: 64- Option One: Anytnd the proposed monopole to a height of 42 feet. This option results in the shortest and easiest process for approval. Because a tower of 42 feet conforms to the ODP height maximum, the applicant would only need to process and FDP amendment to show the equipment shelter and tower on the development's site plan. This is an administrative process that takes 1 to 2 months; it requires neither a neighborhood meeting nor a public hearing. The FDP amendment process is described below. Option Two: Amend the proposed monopole to a height of 50 feet. Section 26 -615 of the City's Zoning Code states that no freestanding CMRS facilities shall exceed the height limit of the underlying zone district. The applicant may choose to amend the height limit in the L &K Industrial Park ODP, changing it from 42 feet to 50 feet. Because the Home Rule Charter for the City of Wheat Ridge contains a citywide height limitation of 50 feet, this is the height limit in the ODP may not exceed 50 feet. This process is non - administrative and can take 4 to 6 months; it would require a neighborhood meeting and two public hearings. After the ODP height maximum is amended, the applicant would also need to complete an administrative FDP amendment to show the monopole and equipment shelter on the development's site plan. The ODP amendment process is described below. Option Three: Request a policy change from City Council for a 75 foot CMRS facility Because the City Charter contains a citywide height limitation of 50 feet, there is no precedent for allowing freestanding CMRS facilities to exceed this height. Staff is aware that some towers in the City may be taller than 50 feet, but these are considered nonconforming facilities. 2 Option 3 requires a lengthy process that begins with a City Council Study Session in which Council members give policy direction to staff. If City Council supports a policy change, staff would have to amend the Zoning Code. Code amendments require two public hearings and can- ts s. 4 r _ - J 6 - 8 / C,4U � LLJ.. . If City Council supports a policy change and if the code is amended, the applicant would then need to go through the same steps required by Option 2: a non - administrative ODP amendment and administrative FDP amendment. In total, the processes involved in Option 3 could more than one year to complete. At this point, there is no indication or guarantee that City Council or staff would support a policy change. After deciding which option to pursue, if any, the applicant should submit to staff a modified set of plans before proceeding with the ODP or FDP processes. Process As explained above, the required processes will depend on the applicant's request. Option 1 requires only an FDP amendment; Option 2 requires both ODP and FDP amendments. The first step in these processes began with the pre - application meeting on May 26, 2011. ODP (Outline Development Plan) Amendment The next step required by the Community Development Department will be to conduct a neighborhood meeting. For this meeting, the applicant must send a meeting notification to all property owners within 600 feet of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within a 600 -foot radius. A sample notification letter will be provided and should be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. A fee of $100 is required for staff to be present at this meeting. Meetings can be held at City Hall or any location the applicant desires. All costs associated with meeting, its location, and mailings will be paid by the applicant. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. A staff planner will attend the meeting to discuss City policy and process; however, the planner will remain impartial regarding viability of the project. After the neighborhood meeting is held, the applicant may submit their application for the ODP amendment. Please note that you must schedule a meeting with a staff planner to submit the application. Incomplete applications will not be accepted. The application will be reviewed by the case manager and sent to outside agencies for review (Xcel Energy, water district, fire district, Public Works, etc.). A review period of 15 days is given for the agencies to review the applicant's plans and to respond with comments or corrections. After all agencies have responded, the case manager will forward comments to the applicant. Modifications to the amended Outline Development Plan may be required as a result of these comments. Once all comments and requirements have been met, the application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to adjacent landowners within 300 -feet, and posting 3 of the property with signs are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail the notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. The case manager will prepare a staff report which will be presented at the Planning Commission public hearing. There are standard criteria used to evaluate a requested zone change or ODP amendment (Section 26 -112.13 of the zoning code). A recommendation to Planning Commission will be made in the staff report based on these criteria. After the staff report is given, the applicant and members of the audience will be allowed to give testimony regarding the application. Generally, a decision for recommendation will be made that same night. Sometimes a case will be continued to another hearing date for further study and input. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change must be approved by ordinance by the City Council which requires two readings. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the public hearing date. The second reading of the ordinance is a public hearing. The same requirements for adjacent landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. However, the ordinance approving the zone change does not go into effect until 15 days following the final publication of the ordinance. If the ODP is approved by City Council, the final mylar must be recorded with the Jefferson County Clerk and Recorder's Office within 60 days. An ODP amendment is typically followed by an administrative FDP process. FDP (Final Development Plan) Amendment The first step in this process began with the pre - application meeting on May 26, 2011. The next step is to submit an FDP Application. Please note that you must schedule a meeting with a staff planner to submit the application. Incomplete applications will not be accepted. After the FDP Application is submitted, a staff planner will be assigned to review the case. The case manager will review the submittal application for content. If all submittal requirements have been met, the proposal will be referred to outside service agencies and other City agencies for their review and comment, generally for a period of 15 days. After all comments have been received, the case manager will forward those to the applicant. Modifications to the Final Development Plan may be required as a result of these comments. There may be more than one review required before the documents are ready for administrative approval. Once all comments and requirements have been met, the Final Development Plan application will be submitted to the Community Development Director for approval. The director can approve, deny or approve the FDP with conditions. If the FDP is approved, a blackline mylar of the FDP with original signatures must be provided to the City for recording with the Jefferson County Clerk & Recorder's office within 60 days. After the FDP Amendment is approved, the applicant may apply for a building permit. Architectural and Site Design Manual (ASDM) The Architectural and Site Design Manual (ASDM) does not apply in this case, however Section 26 -615 of the City Code addresses design requirements for freestanding CMRS facilities: Screening, landscaping and /or exterior building finishes and colors shall be compatible with the exiting character of the site and adjacent properties and shall be determined as part of the review process. Building Division comments: The Building Division was not present and has no comments at this time. Public Works comments: Public Works was not present and has no comments at this time. Attachments: Pre - application transmittal sheet; L &K Industrial Park ODP; Process Guide —FDP Amendments; Process Guide —ODP Amendments Phone Numbers Meredith Reckert – Senior Planner Sarah Showalter – Planner II Lauren Mikulak – Planner I 303 - 235 -2848 303 - 235 -2849 303 - 235 -2845 5 • • • -Mobile - T- Mobile West Corp. 7901 E. Lowry Blvd. Suite 300 Denver, CO 80230 303.367.7010 fax May 17, 2011 Ms. Lauren E. Mikulak, Planner, Wheat Ridge 7500 W. 29` Avenue Wheat Ridge, CO 80033 Re: T- Mobile Site: DN04073D — Peterson Company Site Address: 10700 W. 50' Ave., Wheat Ridge, CO Dear Ms. Mikulak: Please accept this letter as T- Mobile's notice of intent to pursue a CMRS facility at Peterson Company, 10700 W. 50 Ave., Wheat Ridge. The proposed facility will consist of a lease area of 15' x 30' and a 75' monopole. T- Mobile is currently acquiring FCC requirements such as NEPA, SHPO, Phase I and FAA. T- Mobile is currently in negotiations with Peterson Company for the purpose of acquiring said lease space. I have attached via email a REVISED set of drawings dated 5 -17 -11 which shows a smaller lease area than originally submitted. I should have the photo sims over to you by the end of the week. If you have any questions, feel free to call or email Charles Augello at 720.236.9199 or cauclie(d)msn.com Your time and efforts are greatly appreciated. Sincerely, Charles G. Augello Site Acquisition T- Mobile, USA 720.236.9199 caugie @msn.com • • • -Mobile •- T- Mobile West Corp. 7901 E. Lowry Blvd. Suite 300 Denver, CO 80230 303.367.7010 fax May 17, 2011 Ms. Lauren E. Mikulak, Planner, Wheat Ridge 7500 W. 29 Avenue Wheat Ridge, CO 80033 Re: T- Mobile Site: DN04073D — Peterson Company Site Address: 10700 W. 50 Ave., Wheat Ridge, CO Dear Ms. Mikulak: Please accept this letter as T- Mobile's notice of intent to pursue a CMRS facility at Peterson Company, 10700 W. 50` Ave., Wheat Ridge. The proposed facility will consist of a lease area of 15'x 30' and a 75' monopole. T- Mobile is currently acquiring FCC requirements such as NEPA, SHPO, Phase I and FAA. T- Mobile is currently in negotiations with Peterson Company for the purpose of acquiring said lease space. I have attached via email a REVISED set of drawings dated 5 -17 -11 which shows a smaller lease area than originally submitted. I should have the photo sims over to you by the end of the week. If you have any questions, feel free to call or email Charles Augello at 720.236.9199 or cauctie(a)msn.com Your time and efforts are greatly appreciated. Sin 7�zz__ Or I'es G. 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Augello For T- Mobile ProjectStreetNo: 10700 W, 5 0th Av e, PreappFeePd PreappFee; j $200 NbadmeetingDate: ❑ NbadmeetingFeePd NbadmeetingFee: $0 Notes; - Case #: Permit #: J Record; [14 410[��_ of 410 CITY OF WHEAT RIDGE 85/18/11 2:88 PM cdbb PAC CONSULTING LLC RECEIPT NO:CDb886202 AMOUNT FMSD ZONING APPLICATION F 288.88 ZONE PAYMENT RECEIVED AMOUNT CK 1829 288.88 TOTAL 288.88 -------------------------------- - - - - -- CITY OF WHEAT RIDGE 87/08/11 3:44 PM cdba STEPHEN /ANITA WARNER FM RECEIPT C DZONINGAPPLICATION F AMOUNT ZONE 188.88 FMSD ZONING MISCELLANEOUS ZOMI 2.08 PAYMENT RECEIVED CK 699 AMOUNT TOTAL-- 102.88 - - - -- - - - - -- 182.00 PAC CONSULTING, LLC CHARLES G. ALIGELLO PRINCIPAL SITE ACQUISITION 4190 YATES STREET DENVER. CO 80212 720.236.91 99 CAUGIE @MSN.COM