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HomeMy WebLinkAboutTUP-96-10 The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development 6 7500 West 29th Ave., wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant S Address ~~~~ ~~°~"~ -Phone 9~l ~6~~ - - - Owner ~~5 VEw~ant}£ Address-~TbS"~ °~'+ Phone .5~6-7Z7~0 Location of request ~,.-.Aa-9 9 rQ-S' /~' ~ , --„- Type of action requested ( check one or mo: GITY OF IA-!ERT RIPGE which pertain to your request. ) O?'rr.=,`igl, I~:4? F'~"~ ctlU ^ Change of zone or zone conditions I GHESk?WN AU7CMUTIt!E Site development plan approval S ecial use permit F.:EGEIF'i NQ.G007.h;3 °~iJUfdT ~n p F775U_ZONIi~IG AFF'LIGATIQhI F n,pn Conditional use permit °° Temporary use/building permit- inor subdivision FnYhIENT fiECEIUED ~iiltPp•{T ~ Subdivision - CK _17.i~42 ~~ ~~,,. rn 8 Preliminary TOTAL ~~:M Final U Solid waste iaiici,.~~~i [] ** See attached procedural guide ~ Othereral extraction permit for specific requirements. ~i Detailed Description of request ~>+~/~~ ~""~"'~7 ~°-' ~ ""~- List all persons and companies who hold an interest in the described real_ property, as owner, mortgagee, lessee, optionee, etc. ~: I certify that the infnrmation,a; correct to the., best of my knowl am acting with the knowledge without whose consent the r s' Applicants other than owne which approved of this on: on ex s ewith su mitted are true and and t n fil g this application, i Anse er ons listed. .above, 3 c 1 -fully be accomplished. =„ nf- ttornev from the owner Signature of Subscribed and SEAL of ~~\1fL~, lg ~~ Nly commission expires `~-a,~,-'-a~ ved gQ'~~ Receipt No Case No. RECEPTION N0. F0274 186.00 742 RECORDED IN Je FERSDN CDUNTY, COLORADO WARRANTY DEED ~. _~ r~ ~ =`-V ~o ~c n J o ~ LL ix :~ 0001-001 7/Z6/96 11:43:55 Grantors, PAULINE WILLIS, PAULINE WILLIS, as Trustee of the GLADYS DOBBS REVOCABLE INTERVIVOS TRUST, under TRUST AGREEMENT OF GLADYS DOBBS dated June 21, 1996, and ALBERT E. ANDERSON and JOHN M. WILLIS, as Co-Trustees of the HENRY F. WILLIS TRUST under TRUST AGREEMENT OF HENRY F. WILLIS, dated September 14, 1981, whose address is 4350 Wadsworth Boulevard, #240, Wheat Ridge, Colorado 80033, County of JEFFERSON, State of COLORADO, for and in consideration of $1,800,000.00 Dollars, in hand paid, hereby sells and conveys to CHESROWN AUTOMOTIVE GROUP, INC., a Colorado Corporation whose legal address is 3765 Wadsworth Boulevard, Wheat Ridge, CO 80033 County of JEFFERSON, State of COLORADO, to wit: A tract of land located in the E1/2 of the NEl/4 of the NWi/4 of Section 26, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section; thence South 00° 02' 34" West along the North-South_ centerline of said Section, a distance of 528.00 feet; thence South 89° 59' 44" West a distance of 45.00 feet to the Westerly right-of-way line of Wadsworth Boulevard which is the true point of beginning; thence continuing along said described course, a distance of 615.00 feet; thence South 00° 02' 34'~ West parallel to the East line of the NE1/4 of the NW1/4 of said Section, a distance of 402.11 feet; thence North 79° 36' 35" East 2.13 feet; thence South 89° 56' 15~' East a distance of 15.00 feet to the Northeast corner of a tract of land described in Book 2758 at Page 59 of the .Jefferson County Records; thence South 0° il' 45'~ West parallel to the East line of the B and H tract a distance of 381.64 feet to the North line of West 35th Avenue; thence South 89° 56' 15~' East parallel to the South line of said NE1/4 of the Northwest. 1/4, a distance of 588.77 feet to West line of Wadsworth Boulevard as described in Book 1183 at Page 141; thence North 00° 02' 34" East along said West line, a distance of 618.58 feet thence North 03° 32' 34" East along said west line a distance of 165.80 feet to the true point of beginning. Except that portion described i.n instrument recorded March 13, 1984 under Reception No. 84022528. also known by street and number as: 3635 Wadsworth Boulevard, Wheat Ridge, Colorado 80033, vacant land with all its appurtenances, and warrants the title to the same, subject to gen- eral taxes for 1996 and following years, easements, covenants and restrictions of record, if-any, and subject to that certain Outline Development Plan recorded October 31, 1985, under Reception No. 85105428. County of Jefferson GNED this 15th day of July, 1996. ~ ~ /~ Pauline Willis, Individually Albert E. derson, as Co-Trustee of t~ ~^~~ ` Henry F. Willis Trust under Trust-!~ ~ ~~~~~,~/¢ ~4~2G-~tQ ~~~-pc~e /r~y~~ Agreement of Henry F._ Willis a edr ~~--CC ""_-~a ~J ~"~ 'rErid-e .~i~ Se er 1981 ,G(~~"~ p~~/ i"'7 p kf` ep~Z -~~. o a c. ~/ ~~~~}K rrj"Z~ "~ 'yi~S~Y --E-i~-L~--~v ~rc.~¢~..u-wee. °'~YC'2~, ~ , !~'/~_ h/! c%.'' ' '71 Pauline Willis, as Trustee of the~I~ ~J~ John M. Willis, as Co-Trustee o£. the - Gladys Dobbs Revocable Intervivos~{.~~ ~ Henry F. Willis trust under Trust Trust under Trust Agreement of~/~ z .c~` Agreement of Henry F. Willis dated Gladys Dobbs dated June 21, 199 ~J/9~~ dated September 14, 1981 STATE OF COLORADO ) 7 ~, a . The foregoing instrument was acknowledged before me this 15th day of July, 1996, by PAULINE WILLIS, PAULINE WILLIS, as Trustee of the GLADYS DOBBS REVOCABLE INTERVIVOS TRUST under TRUST AGREEMENT OF GLADYS DOBBS dated June 21, 1996, and ALBERT E. ANDERSON and JOHN M. WILLIS, as Co-Trustees of the HENRY F. WILLIS TRUST under TRUST AGREEMENT OF HENRY F. WILLIS, dated September 14, 1981. Witness my hand and official seal. My Commission Expires: September ~ "~~ 15, 1996 ~utPOG1 ~ rQA~3t NotC~ry Public ~, ,. ~.: ~B5S3~-S~J ~ # August 13, 1996 TO: Public Works Building Department Wheat Ridge Fire Protection District Wheat Ridge Water District eat Ridge Sanitation District FROM: eredith Reckert RE: Case No. TUP-96-10/3601 Wadsworth Blvd. The Department of Planning and Development has received a request from Chesrown Automotive for approval of a Temporary Use Permit to allow vehicle storage and employee parking on the vacant property to the south of their sales lot. The justification for the Temporary Use Permit is to allow them to occupy the site while seeking permanent zoning and final development plan approval. Please review the attached temporary site plan and evaluate what improvements you will need for this interim situation. This case is scheduled for public hearing in front of the Board of Adjustment on September 12, 1996. I would appreciate your comments no later than September 3. I ~ ~? I¢ ~ rn z ~ ~ ~ ~ ~ ~ ~~ ~ ~ _ ~ ~ ~ ~ ~ ` ~ ` &! i~ ~ ~ 4 D .~ E; e~ ." is ~~ n a ~@ iV Dili ~ J m ~N~ r ~ ~ _ Pa,:a s m O ~ ~ 7 ~ E~ fro ~i~~~~~1~1~ ti 53 m b ~q' ~ o ~c ~ ro ~SS~~ ~O ~~F~ ~r~9# ~ y t" a~'i +~~~ C jj t! {~' l~ ~ ~ 2 § ~ ~ ~a af ~ `f ~ ~ ~~ f7 og5~ ~ "S ~ ~ ~ i[ 3r ~2 z ~a ~? ~a~~ ~A x rob o ~ z : ~ S ei i ~ -~a ~~ -- _ __ -- ~ I j ~ {( m 4 9 D QQ I ii ' ~ I m z ~ 8 ~ ~ ~ ~ ~ ~ ~ - ~ ~ m ~ R ~ o R L R ~ R F ~ ~ 3 `J -- X500 WEST 29TH AVC NIiF 7F•rB Cliy O~ WHEAT fiIDGE, CO 80215-6797- - -- - - - (303) 234-5900 GWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge August 19, 1996 Mr. Al Hajka Martin Design, Inc. 1360 South Clarkson Street Denver; Colorado 80210 Re: Chesrown's Friendly Ford, w. 35th Avenue & Wadsworth Blvd. - First Submittal Review of Preliminary Drainage Study and Erosion Control Plan Dear Mr. Hajka, I have completed the first review of the preliminary drainage study/erosion control plans for the above referenced project, and have the following comments: Drainage Report Discussion Page 8 1. Please provide exact address of project site. Page 9 1. Based upon previous discussion, the report will need to make_ reference to and include the appropriate verification regarding wetland status of_this site.. Page 10 1. Plan shows a sub-basin Fl that is not referenced in this section of the report. Please clarify. 2. Please expand discussion to detail more clearly how overland flows are to be appropriately conveyed to the detention pond. 3. Sub-basins C1 and C2 show acreages of 3.19 and 5.94 respectively on the plan. Please. clarify. 4. Please provide additional discussion regarding which method of release is to be_used for 5 and 100-year storms. 5. Please provide appropriate discussion/calculation for the fl- inch CMP proposed in sub-basin R1. Page 11 1. Please incorporate City's rainfall interisity curves for all related calculations. <^, ~ y • Mr. Al Hajka Martin Design, Inc. Page 2 2. City's minor storm frequency is-5-year. Please incorporate into all related calculations. 3. Please clarify discrepancy between S-inch and 12-inch release pipe from detention pond on this page and page 12 reference. 4. Please provide a summary table of all proposed sub-basin runoff values for the 5 and 100-year storm. Page 12 1. Please verify release rates based on soil group B values given. 2. Please provide discussion regarding the proposed detention volume required and the volume provided. 3. Please provide clarifying discussion comparing the proposed developed release rates with calculated historic rates of _ release. 4. Please provide further discussion regarding any benefits/adverse impacts as a result of this design. 5. Discuss state compliance with respect to detention proposed, street flows etc. 6. Please provide discussion regarding method(s) for excess storm water passage. 7. Discussion/appropriate calculations need to be provided for those street capacities/depth and velocities for S and 100- year storms for West 35th Avenue: Drainage Report - Appendices All Detention Pond Outlet Details 1. Details provided need to match the proposed design as discussed in the report and shown on the plan. In addition, these details need to be included on the appropriate detail sheet and referenced clearly as needed in the plans. Allowable Inlet Capacity 1. Data provided needs to be referenced more clearly with respect to the inlet being analyzed. This data needs to include in this section, as well as referenced accordingly on the plan, the depth and limits of ponding for the major storm. C µ • • Mr. Al Hajka Martin Design, Inc. Page 3 All Standard Forms SF-2/3 1. Runoff coefficient values for 5 and 100-year,=storms need to _ be in_conformance with City's Table 3-1 values (included). 2. Please clarify as needed the initial and overland times of concentration for historic and developed flows. These values are provided for comparison and tc check. 3. Again, 10-year evaluation for historic and developed flows is not required. Please correct report as needed. Detention Design 1. It is_understood that the design, `k'-value does not However, City will require for detention design. JeffCo. method of detention accommodate 5-year analysis. 5-year analysis to be implemented Street Capacity Design 1. Please provide further, appropriate analysis for major storm evaluation of this section as required. Inlet Design 1. Please clarify inlet detail provided. Type R inlet is not to City standard, and as requested above, inlet capacity data will need to be provided. Note: L This section of the report_ needs to include the appropriate pipe analysis for all storm sewer pipe proposed. 2. For. your information, and implementation into the next submittal, I am providing the City's site drainage requirement s. packet. Also, I am including a copy of the City's applicable construction details for the appropriate implementation into .this design. Grading/Drainage/Erosion Control Plans Sheet C2 1. As previously stated, wetland area that is being called out on this plan needs to be verified as such. Sheet C4 1. Typical cross-section details will need to be provided for those areas adjacent to Wadsworth Blvd., W. 35th Avenue and especially the area along the west property frontage. These details need to accurately reflect appropriate topography and Mr. Al Hajka Martin Design, Inc. Page 4 drainage design along these areas. 2. Inlet proposed on W.35th Avenue need to-be per City standards. City's detail has been provided. 3. Please-provide the finished floor elevation of the proposed building, along with the location of and flow direction of all roof drains from this structure.. 4. Please note all surface types and direction of flow throughout the site. 5. Please confirm sub-basin acreages as stated in report. 6. Please provide and clearly reference all proposed drainage structures. This is especially critical for the detention pond outlet structures proposed. 7. Please clearly note the 100-year elevation and boundary of the 100-year storm in the proposed detention pond. 8. Please provide the existing street grades for Yukon Court, Wadsworth Blvd., and W. 35th Avenue. 9. Please provide the location and elevation of City benchmarks __ or benchmarks referenced to City. 10.Please show on the drainage plan, and discuss in the report how the overland developed flows proposed are to_ appropriately enter the detentio_n_ pond as is being indicated on the plan. 11.Please clarify the method of outlet from the proposed 8-inch CMP at the north end of the site. Notes: 1. The City will need. written verification form the State that they have reviewed and approved all of the proposed improvements within Wadsworth Blvd. Erosion Control. Plan 1. Please indicate the suitable type of material to be placed at the temporary construction entrance. 2. Please clearly note on this plan the single point of construction access only to the site, and that this access is to be maintained as needed to prevent tracking on to existing streets. Mr. Al Hajka Martin Design, Inc. Page $ _ Street Construction Plans 1. For your information and implementation for the next submittal,_a_copy of the City's street..construction plans checklist. is provided for those required public improvements - along to north side of W.35th Avenue.,- Dumping/Landfill Permit 1. This application, along with the fees due has been received, and will be approved upon approval of the erosion control. plan. Traffic Engineering 1. All respective public improvements, and any proposed access onto Wadsworth Blvd. will need to. be coordinated accordingly with Mr. Rudy Blea of CDOT. Future development will be reviewed for access design. Guarantee for_Public Improvements 1. Prior to approval of the building permit an engineer's cost estimate, along with a matching guarantee (letter of credit, escrow)for those public improvements to be constructed in W. 35th Avenue will need to be submitted for review and approval by the City. Right-of-Way Construction Permit & Licensing 1. Prior to any work commencing within public right-of-way, a right-of way construction permit along with the required licensing will need to be submitted by each respective contractor. - - - If ou have ny uestions, ince y ~ ~ ~/ Greg~Knudson please contact me at 235-2868. Development Review Engineer cc: John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer File DATE: August 21, 1996 DJ~~RT ~IDG~ ~I~~ ~~OT~C110D DISI~IC1 P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 TO: Meredith Reckert Planning Department City of Wheat Ridge Wheat Ridge, Co. FROM: Dave Roberts Fire Mazshal Wheat Ridge Fire Protection District Wheat Ridge, Co. CITY OF WHEAT RIDGE n ~rann ~~ L AUG 21 1996 ~_. PLANNING & DEVELOPMENT RE: Case No. TUP-96-10 / 3601 Wadsworth Blyd., Chesrown Friendly Ford. Dear Meredith, After a review of the proposed plans for the expansion of Chesrown Friendly Ford Dealership located at 3601 Wadsworth Blvd., I am submitting the following comment(s) regazding this request: The access to the area will need to be in accordance with the 1991 Edition of the Uniform Fire Code, Part III, Article 10, Division II, Section 10.204(b), Surface, Which states: "Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." 2. Access will need to be maintained into and through out the parking azea in the event of the need to access personnel within the lot or to provide service in the event of a fire within the lot. This includes any inclement weather conditions that would hamper access. 3. There may be additional items not addressed at this time that will be addressed as the need arises. Should there be any questions, please contact me at 424-7323. Respectfully, ~~~ ~~~~ Dave Roberts W.R.F.P.D., F.M. MLMUltANDUM Approved Date TO. Meredith Reckert, Senior FROM: Greg Knudson, Development DATE: August 28, 1996 Planner Review Engineer SIIBJ: 3601 Wadsworth Blvd.- Chesrown's Friendly Ford, TUP-96-10 The Public Works Department has reviewed the Planning Department referral dated August 13, 1996 for the above referenced address - and has the following comments: 1. We will need a final drainage report for the proposed area of temporary-use. Included in this report will need to be acknowledgment of the designated wetland boundary in relation to the proposed parking lot and detention pond. A revised final drainage study will need to be submitted for the proposed permanent site improvements. 2. We will need to process a Dumping/Landfill Permit. In conjunction with this permit, an erosion control plan may need to be submitted for review and approval. Please note that all erosion control measures will need to be established and maintained until such time as the permanent improvements are constructed. 3. The additional right-of-way that is needed on Yukon Court and Wadsworth Blvd. is to be addressed when the permanent improvements are to be constructed. 4. We will need written confirmation that CDOT has reviewed and approved those temporary improvements along the .Wadsworth Blvd. frontage. 5. The traffic division has reviewed this referral, and has no comments at this time. cc: Glen Gidley, John Oss, Sr. Steve Nguyen, John Eckert, John McGuire, Chuck .Braden, File Planning & Development Director Project Engineer Traffic Engineer Chief Building Inspector City Surveyor ROW Technician _~ -~ ,~ , P.O. SOX 638 TELEPI-LONE: 303/237-6944 _. The Cffy Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat Ridge August 28r 199.6 This is to inform you that Case No. TUP-96-10 which is a request for approval of a Temporary Use Permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development £or property located at 3601 Wadsworth Boulevard will- be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. on, September 12, 1996 All owners and/or .their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please_ contact the Planning Division. Thank you. 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NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on September 12, 1996, at 7:30 p.m., at 7500 W: 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard :_ 1. Case No WA-96-29: An application by David Kaiser for-the approval of a 25' lot width variance to the 100' lot width requirement and a 650 square foot lot area requirement to allow a duplex on a property zoned Residential-Two and located at 7765 Three Acre Lane. 2. Case No. WA-96-31: An application by Dungarvin Colorado, Inc. for approval of a variance to Section_26-30(P) Group Home Regulations to allow more than one group home for the developmentally disabled in Council District III for property located at 11590 W. 39th Place. 3. Case No. TUP-96-10: An-application by Greg Jeffreys for Chesrown-Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property 'zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. Mary o~~ apla,. $8cxe ATTEST: , ~ ~I ~~ , w- Wanda Sang, City lerk~ To be published: August 23, 1996 Wheat Ridge Transcript ' +. NOTICE OF PUBL]C HEARING. , rJotice Is Here Wby gglen bF, a public hear- ing to ba Ireltl.beforethe Wheat RiQge Boam a( Atllustment brt Sepiernbet l2: p~1.. ~. M ~ TO: BOARD OF ADJUSTMENT DATE OF MEETING:Sept. 12, 1996 DATB PREPARED: Sept. 4, 1996 CASE NO. & NAME:TUP-96-10/Chesrown CASE MANAGER:~edith Reckert ACTION REQIIESTSD:'Temporary Use Permit to Allow Vehicle Storage and Employee Parking in a PCD Zone LOCATION OF REQDEST: 3601 Wadsworth Blvd. NAME & ADDRESS OF APPLICANT: Greg Jeffreys for Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 APPROXIMATE AREA: 3.3 acres- PRESENT ZONING: Planned Commercial Development PRESENT LAND IISE: Vacant SDRROIINDING ZONING: N:R-3, C-1 S: R-2,R-3,RC1 E:R-3,R-C W•PRD, R-3 SIIRRODNDING LAND IISE: N:multi-family, car dealership S:church, multi-family, low density residential W:multi-family E:office, multi-family DATE PIIBLISBED: DATE POSTED: August 23, 1996 August 29, 1996 DATE LEGAL NOTICES SENT: August 28, 1996 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQIIIRED RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits l ) Other JURISDICTION: The property is within the city of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. N ~ I. REQUEST The applicant requests approval of a Temporary Use Permit to allow a temporary parking lot for inventory storage and employee parking on property located at 3601 Wadsworth Boulevard. Chesrown Automotive, Inc. is the applicant who owns the car dealership directly to the north. The applicant has recently purchased this property and is requesting the temporary use as an extension of the use to-the north. The subject property is zoned Planned Commercial Development and is known by the development plan as the Wheat Ridge Center. Please refer the attached reduction of the approved outline plan. The outline development plan stage is the first step in the planned development approval process which includes also the final development plan and platting steps. The outline plan stage is the rezoning step which establishes allowed uses, access points and other design parameters such as minimum perimeter setbacks and maximum building coverage and building retohan Since only the outline plan stage is completed, p Y permanent improvements to the property, final development plan and plat approval must occur. This process can take from four to six months. The applicant is requesting the temporary use approval on the northern one-third of the property as they pursue formal final development plan and plat approval. II. PROPOSED INTERIM SITE PLAN An interim site plan has been submitted which shows the proposed parking lot layout with 232 parking spaces: Access for employee parking will be from Yukon Court extended to the south as a private access road. At the time of development plan and plat, the owner will be responsible for dedication and the construction of street improvements to connect Yukon Court to the north south to intersect with West 35th Avenue. For the interim situation, the. Wheat Ridge Fire Protection District is requesting an all- weather surface capable of supporting fire_apparatus. Staff would recommend access on private property not less than 25' in width and that Yukon Court be used as little as possible with the majority of vehicles coming from the site by internal access from the service department to the north. There will be no interim access to either Wadsworth or West 35th Avenue. There is an existing fire hydrant where Yukon Court dead-ends. The original fence on top constructed buffering w the western outline development plan required a 10' high wooden of a 3' berm with a 15' strip landscaped strip along the eastern and northern property lines. This as required due to the use area/building envelope on side of the-site extending to the northern property N a line. The applicants' site plan shows the storm water detention area (roughly 1.2 acres) in the area instead of a structure. Staff concludes that the detention areas serves as a buffer and would prefer to see a 6F high temporary screening fence along the eastern side of the detention area and along the northern property line. See Staff's site plan attached. Staff's revised site plan depicts a buffer area-along Wadsworth displacing the eastern-most row of parking. In addition, Staff recommends limiting the sales access to pedestrians only to - discourage vehicular use of the existing curb cut onto Wadsworth Boulevard. The City of Wheat Ridge Public Works has reviewed a drainage report for the property. Subsequent to the submittal of this report, it was determined that the swampy area in the middle of the site has been designated as a wetland which has made the original report a moot document, .Due to grade changes and the amount of cut and fill required even for the interim situation, Staff-has concluded that no action by the City of Wheat Ridge should be taken until the wetlands issue has been satisfactorily resolved and all requirements of the Army Corps of Engineers, the Environmental Protection Agency and the City of Wheat Ridge have. been-met. For these reasons, Staff is recommending a continuance of this case. III. EVALIIATION CRITERIA Staff .has the following comments regarding the criteria to evaluate a variance request. 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and The parking for the. Friendly Ford site is currently inadequate forcing employees to park on-street along Yukon Court leaving no room fox the residents who live there. Therefore, Staff concludes that the temporary use should have a positive affect on the convenience of persons living in the area. xowever, concern has been expressed by residents on the street regarding traffic to and from the interim lot on Yukon. They have requested that. the internal access ways shown on the interim site plan be used as much as possible. a 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and Since no structures, are proposed at this time, there should be no reduction in the amount of light and air to adjacent properties. Because of the wetlands issue, Staff is in unable to adequately assess the situation in regard to drainage and pollution. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether oa or off the site; and The additional employee parking should minimize parking congestion along Yukon Court. Care should be taken to emphasize the use of the internal access drives from the north. The interim site plan provides adequate aisle widths and which should .minimize internal traffic conflicts. 4. Will be appropriately designed including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and Staff concludes that if interim screening as specified in Section II of this report is installed with the temporary lot, that adequate provisions for screening and buffering will have occurred. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. There. are adequate fire protection facilities for the interim use. At the time of long-term buildout, the developer will be responsible for the installation of water and.. sewer lines between Yukon Court and West 35th Avenue. IV. RECOMMENDATION AND Staff_has concluded that in general that the evaluation criteria support approval of the temporary. use if the provisions for internal access and perimeter landscaping are followed. However, because the wetlands issue is adequately analyze this aspect a recommendation of continuance M still unresolved, Staff cannot of the request. For this reason, is made for Case No. TUP-96-10. In any event Staff would recommend that if a Temporary Use is granted, no more than one extension be permitted. Long term use of this Planned Commercial Development should be-formally approved by Planning Commission and City Council with full compliance with an approved development plan. RECEPTION ND. F02744 160.00 FG: 742 REC DRDED IN JE ERSON COUNTY, COLDRADO _oc~l 7! 96 11:43:55 WARRANTY DEED P Grantors, PAULINE WILLIS, PAULINE WILLI9, as Trustee of the GLADYS DOBBS REVOCABLE INTERVIVOS TRUST, under TRUST AGREEMENT OF GLADYS DOBES dated Juae 21, 1996, and ALBERT E. ANDERSON sad JOHN M. WILLIS, as Co-Trustees of the HENRY F. WILLIS TRUST under TRUST AGREEMENT OF HENRY F. WILLIS, dated September 14, 1961, whose address is 4350 Wadsworth Boulevard, #240, Wheat Ridge, Colorado 80033, County of JEFFERSON, State of C07~. ORADO, for and in consideration of $1,800,000.00 Dollars, in hand paid,. hereby s ells and conveys to - CHESROWN AUTOMOTIVE GROUP, INC., a Colorado Corporation 8. rn r` ~'O ~ N ~J c ~ whose legal addre ss is 3765 Wadsworth Boulevard, Wheat Ridge, CO 80033 County of JEFFERSON, State of COLORADO, to wit: - -. A tract of land located in the E1/2 of the NE1/4 of the NW1/4 of Section 26, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section; thence South 00° 02' 34" West along the North-South centerline of said Section, a distance of 528.00£eet; thence South 89° 59' 44" West a distance of 45.00 feet to the Westerly right-of-way line of Wadsworth Boulevard which is the true point of beginning; thence continuing along said described course, a distance of 615.00 feet; thence South 00° 02' 34" West parallel to the East .line of the NE1/4 of the NW1/4 of said Section, a distance_of 402.11 feet; thence North 79° 36' 35" East 2.13 feet; thence South 89° 56' 15" East a distance of 15.00-£eet to the Northeast corner of a tract of land described in Book 2758 at Page 59 of the Jefferson County Records; thence South 0° 11' 45" West parallel to the East line of the B and H tract a_distance of 381.64 feet to the North line o£ West 35th Avenue; thence South 89° 56' 15" East parallel to the South line of said NE1/4 of the Northwest 1/4, a distance of 588.77 feet to west line of Wadsworth Boulevard as described in Book 1183. at-Page 141; thence North 00° 02' 34" East along said West line, a distance of 618.58 feet thence North 03° 32' 34" East along said West line a distance of 165.80 feet to the true point of beginning. Except that portion described i.n instrument recorded March 13, 1984 under Reception No. 84022528. - - also known by street and number as: 3635 Wadsworth Boulevard, Wheat Ridge, Colorado 80033, vacant land with all its appurtenances, and warrants the title to the same,.subject to gen- eral taxes-for 1996 and £ol Lowing years, easements, covenants and restrictions of record, if any, and subject to that certain Outline Development Plan recorded October 31, 1985, under Reception No. 85105428. SIGNED this 15th day of July, 1996. Pau/li~ne Wi113s, ~I/ndividual y - ~~y Pauline Willis, as Trustee of the o ~~ Gladys Dobbs Revocable Intervivo~iy~ _ Trust under Trust Agreement of yhQ ~~ Gladys Dobbs dated June 21, 199 ~ ~~q~ ~ ~ r-- ,; ~ 1t ~ Tµ~~ ~~ e,~~ ,.~~~~ ;,~sns t ---A~1Y'ert 8. derson, as Co-Trustee o£ the. Henry 8. Willis Trust under Trust~r~ Agreement of Henry F. Willis t"`y r, Se er 1961 ,~~~ g~.~ eM ~~ ~~, c~ ~~/ C~i/F, rrZD "// ~JOhn M. Willis, as Co-Trustee of the Henry F. Willis trust under Trust Agreement of Henry F. Willis dated. dated September 14, 19@1 STATE OF COLORADO ) ns. County of Jefferson The foregoing instrument was acknowledged before me this 15th day of July, 1996, by PAULINE WILLIS, PAULINE WILLIS, as Trustee of the GLADYS DOBBS REVOCABLE INTERVIVOS TRUST under TRUST AGREEMENT OF GLADYS DOBBS dated June 21, 1996, and ALBERT E. ANDERSON and JOHN M. WILLIS, as Co-Trustees of the HENRY F. WILLIS TRUST under TRUST AGREEMENT OF HENRY F. WILLIS, dated September 14, 1981. Witness my hand and official seal. My Commission Expires: September 15, 1996 ,~, OOt s C.. /tpAfdti J No ry Public ~ y The Cify of ADMINISTRATIVE PROCESS APPLICATION ~1Vheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 S Address Applicant ~~c~~ ~~°~ Phone 9~/ ~6~5~ ~ I Owner ~~S/~-~ ~B'P'~~E Address ~Tb.~ ~+~~n~ Phone .~6-7~7~0 Q ~ ~ ~ Location of request ~~7 5 . - Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver -Site development plan approval Nonconforming use change Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification inor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other ~ / z `~~ L`-"-~ ~ "~ Detailed Description of request Jiu ~ M~ 7 - ~~I~GOyc:=S . 7 List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NA ADDRESS P ONE ~~`'(~'o~.~ ~rora~r2F ~2s-a(~.y1c. ~5~~'~72c~c7 I certify that the information an ex s •ewith su mitted are true and correct to the best of my knowl and t n fil' g this application, i am acting with the knowledge conse o er ons listed above, without whose consent the re sted ~ c 1 fully be accomplished. 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I ~ ~ .. .y,r .. l __ a 2 ~~ 1 l 1 ~ 'n N N O m O ~ > > N O.. @ i _ 9 ~ ~ 1 T I n o n o. , I I ~._. -~:-•--_~_ ve'ry' JlI ~/ W. 38th Ave. _ BUILDING ENVELOPE 1 BUILDING ENVELOPE 2 9 a e ~= ~~ __~ 1 1 1 ~N..~ tl ~ t \\ m I ,. 9 ~ I ~ ....~ •_ `~ ... _ o ~ o' a = o 8 I ~-- \.__ , I ,I __ .. ~\ \ ' y N 1 I 1 O II _ \ w~ I I C F O 7 n M N O m V O N ~ S i i i Ia ~e ~ - m i _ i ~ 1 5 i i = _ i = i = T 4 .rj . T o i i i -= i i-- !_,__~.___ n O Z 1 O by T tr-s ..- n .~.I ~~ m r `V ~ `~ m ~ CD m v N r I O Q I m ~ h~ 3 ~a m ~ _. z ~~ ~~~ _ OZ T O +D~ O \7'~~ N .~ m n ~1_ o ~ ~ m a ~~ ~ CD ~ i m i __ I •__,~ G n Z -i a v PUBLIC HEARING SPEAKERS' LIST CASE NO• T~-46-10 DATE: September 12, 1996 REQUEST: An application by Greg Jeffreys for Chesrown Automotive Group, Inc., for-approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. Position On Reque.-t i (Please Check ; SPEAKER'S NAME 8 ADDRESS (PLEASE PRINT) ~ ZN FAVOR ; OPPOSED ; /Ll /t?/ vn~ }~.~'t,slsV ~ ~7 7~ 'u-1~8-~t f/i1m~~eL,~z~ ssoc_ ~-~ ~ ~ ~ ~~` ~?~~ i ,• -- - - ; , ~ ~ A-~ s kA 13GU S, t'~+4~~ X ~/ `' , _ ~ ~ f a ~ I/~ ~ .., e7 ~r'-~n ~~ r-._...n '1 t'1 '~Q 1~i: L)~ne a t`J-I i ~ i i i i ~ ~ ~ ~ ~ , ; -- ~ i ~ , i , , ~ i __ ~ , i , i ~ ~ ~ _ ~ - , ~ ~ i ~ ~ ~ ~ , ~ , ~ , ~ ' , ~ , , ~ ~ ~ ~ ' ~ ~ ~ i ~ , , ~ ~ , ~ i. - ~ ~ i ~ ' , ~ i ~ _ ` - i ~ i ~ ~ ~ - i '- ~ , - i i ~ ~ ~ ~ ~ , ~ , ' ' i ' _ ~ ~ ~ ~ i ~ ~ ~ =. _ _ ~ ~ ~ ~ ~ i ~ , i ; , . Board of Adjustment Minutes Page 6 September 26-, 1996 6. This TUP is granted to the specific persons and under the specific conditions as described within the application and by the testimony provided. Any change to either said persons, said conditions or equipment shall be cause for revocation of the TUP. 7. The TUP shall run for one year. Board Member ECIiELMEYER seconded the motion. Motion carried 5-1, with Board Member HOWARD voting no. B. Case No. T[TP-96-10: An application by Greg Jeffreys for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. Meredith Reckert noted this case had been continued from September 12, 1996, and handed out copies of a memo and a revised plan submitted by the applicant. She suggested Board Members take some time to read her memo and look at the revised plan. Ms. Reckert went over changes on the revised plan, staff's -- conclusions, plus the ten recommended conditions. • Board Member THIESSEN asked how many parking spaces would there be in a Certain area; and Ms. Reckert answered she did not know. The plat does not indicate how the lot will be striped. The parking spaces would have to be designed to certain standards, 8 1/2 feet wide by 18 feet long, with aisle widths not less than 22 feet. Board Member MAURO asked when the owner had purchased the property,~and Ms. Reckert answered she would have to research that. Board Member MAURO-asked what created the urgency for the parking lot, and Ms. Reckert referred that question to Susan Ellis,. Code Enforcement Officer. Ms. E11is explained that a number of complaints had been received regarding parking on Yukon Court. She added that employees had used Yukon Court and serviced vehicles had also been parked there. She elaborated. Board Member MAURO asked if growth of the business could account for the urgent parking needs, and Ms. Ellis replied the applicant could answer that question best. Visually, she added, business , growth was evident and a major cause of the problem. Board Member MAURO asked if inventory had been increased, and Ms. Ellis stated-she was not certain. Board of Adjustment Minutes Page '7 September 26, 1996 Ms. Reckert pointed out two access areas from the existing lot. Staff prefers to see Yukon Court closed and let them use their own property. Board Member ECHELMEYER asked where the gate would be placed, and Ms. Reckert pointed out the location for the_gate. She added that Wheat Ridge Fire District would have to approve the gate and location. Board Member THIESSEN asked if the proposed front access would eliminate the landscaping planned for that area, and Ms. Reckert stated that since the plan had been so drastically reduced, staff felt that would be the best compromise and would probably "back off"-on the landscaping requirement. She did think they would fence the perimeter, however. For their own protection, the fencing would be somewhat back from Wadsworth Blvd. Board Member MAURO asked Ms. Reckert to point out where the straw bales would be located. Ms. Reckert did and added this would be done for erosion control. Silt fencing would also be 'installed. Discussion followed. • Chairman WALKER asked what purpose the straw bales served, and Ms. Reckert answered the straw bales were to prevent erosion. Chairman WALKER asked about the north side next to the apartment building, and Ms. Reckert answered that was a retaining wall and Staff has requested buffering with an opaque fence. Board Member ABBOTT asked about a revocable license agreement mentioned by Mr. Lundy, and Ms. Reckert answered she had found a copy of that document. She stated she had FAXED it to the pity Attorney, who then FAXED it to Chesrown's attorney. She added that it might be more appropriate when discussion at Planning Commission and City Council is heard regarding permanent improvements. Board Member ABBOTT asked if our City Attorney had felt the agreement -was not germane to the issue at hand, and Ms. Reckert answered-no, he had not. She elaborated. Board Member ABBOTT asked what had happened to the EPA permit, and Ms. Reckert answered they are required to obtain their 404 permit once they apply to make improvements which encroach into the wetlands. She elaborated, Board Member ABBOTT reiterated that there would be no need to list that as a condition, since City regulations require it, and . Ms. Reckert agreed. • Board of Adjustment Minutes Page 8 September 26, 1996 Chairman WALxER asked Ms. Reckert if the Board should be concerned about the future extension of Yukon Court and Ms. Reckert stated it was not the appropriate time/place to negotiate that. Discussion followed. Board Member MAURO asked how long it would be before the next phase would begin and Ms-, Reckert replied that public hearings before Planning Commission and City Council would be required prior to them proceeding. Being optimistic, it would take at least six months. Board Member HOWARD asked if the two acres of parking they were requesting included the area behind the hay bales and how can parking be restricted behind the hay bales. Ms. Reckert suggested that could be accomplished with fencing or some other type of physical barrier. Board Member THIESSEN noted that she did not have'the original. PCD plan with her, but she thought it showed a building envelope where the temporary parking lot is now, and Ms. Reckert stated she believed that was correct. Board Member THIESSEN asked if allowing a temporary parking lot at that location would be permissible, and Ms. Reckert answered the City would not be committed to any further approvals. Board Member ECHELMEYER asked if a portiop of the approval rested with the Corps of Engineers either agreeing to another wetlands site or an enlargement of this wetlands, and Ms. Reckert stated that the limits had been defined with the blue lines. Board Member ECHELMEYER asked if that was the Corps of Engineers definition, and Ms. Reckert answered she did not believe that it was the Corps of Engineers, but applicant°s ecologist who defined those limits. She explained the difference between the current plan and the previous plan. _ , Board Member ECHELMEYER asked where would the City be if the Corps of Engineers determines that the wetlands extend beyond that current northern point, and Ms. Reckert stated she would let the applicant go through the review procedure with the Corps. Board Member ECHELMEYER said he understood the applicant was not going to proceed until the wetlands question could be resolved with the Corps of Engineers. Ms. Reckert stated there was a difference of opinion regarding what the Corps considers resolution and what the City considers resolution. The City does not consider it resolved until . Board of Adjustment Minutes September 26, 1996 Page 9 approved is received from Planning Commission and City Council regarding long-term use of the property. Chairman WALKER stated that he understood that in order to go forward as proposed previously with grading the entire site, even with the Temporary Use Permit, the applicant could not begin until fully resolved with the Corps of Engineers. He elaborated. Ms. Reckert stated that the problem the City staff had encountered was on approval of the entire grading plan for the site, there was a presumption that the plan had been approved, even without Planning Commission and City Council approval and probably beyond the scope of what the Board of Adjustment has jurisdiction to approve. Chairman WALKER asked if they approve this proposal would-it pre-empt Planning Commission or City Council approval, and Ms. Reckert replied no. .Board Member HOWARD asked if there has been a revision to Chesrown's application, and Ms. Reckert answered no. Board Member HOWARD asked how are they to determine what they are requesting and what will be allowed and Ms. Reckert said they concurred with and provided the site plan based on the fact that • staff recommended denial, but they have agreed to staff's conditions of approval. Board Member MAURO asked what would happen if they approve this temporary request and the Army Corps of Engineers says the wetlands. have a different boundary, and Ms. Reckert replied-they would have to re-adjust, and again there is only that one corner that staff is concerned with. Ms. Reckert agreed there is no chance to know the Corps of Engineers answer because usually they move pretty slowly. Greg D. Jeffreys, (previously-sworn in) representing Chesrown Automotive, said the Corps of Engineers have been on the site three times and did define this area (3.7 acres) in question-to be wetlands and said we could either deal with this on-site or go off-site. They did find three pieces of property in the Clear Creek basin that meet the Corps of Engineers standards for off- site mediation and are in negotiation at this time for purchase of one of these properties. Mr. Jeffreys stated the necessity of the temporary parking is expansion and not inventory and that the sales and service is creating the growth. The property was originally bought to handle the immediate temporary parking facilities. He feels it has become quite evident that until they get their 404 permit from the Corps of Engineers everyone has a red flag on this • issue. This area will facilitate 200-250 cars with proper lanes. They want to fence the entire area off for security for-the Board of Adjustment Minutes Page 10 September 26, 1996 automobiles. Mr. Jeffreys added he has no argument with the rest of the recommendations and stipulations. Board Member ECHELMEYER asked if this request is less than the original application, and Mr. Jeffreys replied yes, the request is for two acres which is under 200 of the whole site. Discussion followed regarding going off-site with the wetlands proposal. Mr. Jeffreys spoke on the detention pond saying it will be no different than any other pond on any other development in any other part of the city. It is to handle storm water drainage and mediate it to a point where it will flow into storm water sewage. Board Member THIESSEN asked how many employees at Friendly Ford will be using this parking lot, and Mr. Jeffreys replied about 90 people. Board Member THIESSEN questioned what kind of lighting will be used on the lot and Mr. Jeffreys said they will not impose any lighting on the parking facility itself __ There will be 3-4 halogen lights placed on the side of the building, and they will be able to be seen, but very minimal. Discussion followed. • Board Member HOWARD wanted to know how many feet in depth will the dirt be, and Mr. Jeffreys replied to ask his engineer for the actual footage. However, the old plan created a huge amount of dirt to be moved but there is no.t much dirt called for on this plan and most of it will be feathered out so it is aesthetically pleasing. Board Member MAURO asked how many parking spaces will be provided and Mr. Jeffreys replied using rule of thumb measurements there will be about 300, and they will be using 200-250 spaces. The vehicles other than employees will be vehicles waiting to be serviced. They can pull 150 vehicles out of the existing dealership just to create legal and safe thoroughfares through it. He-added there would be absolutely no new cars for sale on that lot. Board Member HOWARD wanted to know what the setbacks proposed from Wadsworth to the. front fence are, and Mr. Jeffreys replied he would probably propose it to be 15-20 feet. Board Member ECHELMEYER asked if the motor company promised the city one additional lane for Wadsworth, and Mr. Jeffreys answered he does not know. Ms. Reckert commented they have around 45-50 feet now, but when they come in with their rezoning procedure that will looked at. If their is 'any future building with permanent improvements they will have to do a full lane construction, however, this point we do not have to be worried • Board of Adjustment Minutes September 26, 1996 Page 11 about it. Board Member ECHELMEYER thought the right of way issue would have to be considered for this temporary permit and Mr. Jeffreys said this temporary permit is just for a temporary situation and they would not need to address any of those issues until they went on with the project and made further improvements. Board Member ABBOTT asked staff if the Board should be looking at the setback of-the fence or some sort of buffer, and MS. Reckert answered that would be advisable as they have somewhat of a buffer of 1D-15 feet now, but an additional buffer of ZO feet would be appropriate. She added one thing to remember is there is no sidewalk on Wadsworth and they need to make sure there is a path for pedestrians. Board Member HOWARD said with the solid fence should they be concerned with the sight triangle in the driveway, and Ms, Reckert answered no, because it is a private access and not an intersection, and only 15 foot on each side. For a safety perspective they will want to keep a clear view anyway. • Chairman WALKER asked Mr. Jeffreys since there is no setbacks stated, would there be an objection to having the fence lin® match the front of the present building, and he replied he has no qualms with that. He said in fact the setback will, be a little further than that and there will be no ingress/egress onto Wadsworth from the lot. Discussion_ followed regarding internal flow of automobiles. Tim Brown, 1360 So. Clarkson Street, was sworn ixi. He reminded the__Board that they did hire an ecologists who deals with wetlands. Mr. Brown said anytime the wetlands area is over one acre in size the Corps of Engineers takes jurisdiction and went over the background. Mr. Brown said they will try to do their litigation off-site and have a 2 mile radius to choose from which will put them right along the Clear Creek basin. Board Member ECHELMEYER asked how long will this whole process take, and Mr. Brown explained, their plan saying some of the sites are not worth much and are an eyesore. They will go in and create a wetlands and basically develop a property that would not be otherwise improved. Board Member ECHELMEYER thought most of the sites are Coors property and Mr. Brown answered no, a lot of them are privately • owned or owned by other companies. The Corps said the applicants have to stay within that two mile radius and the sites they are • Board of Adjustment Minutes Page 12 September 26, 1996 looking at are around 64th and Pecos Street. Mr. Brown explained the steps in their plan for erosion control. Board Member THIESSEN is concerned with the area of the parking lot that butts up against the wetlands. She asked how can they have something so close to the area that is so low and flat and have it be level with the rest of the area without anything happening where the sections meet, and Mr. Brown replied the silt fence will go up first and it will protect the wetlands from any type of heavy equipment going in and also from any silt. There will be an elevation change from the wetlands up to the parking lot. Board Member THIESSEN asked if -64th and Pecos Street is within a two mile radius, and Mr. Brown answered affirmatively. She said she hates to see it leave Wheat Ridge, and Ms. Reckert commented that there is not a lot of room in Wheat Ridge to absorb an .additional four acres. Board Member ECHELMEYER asked if staff is in position to force them to tear up the parking area if in one year they deczde to go off-site, and Ms. Reckert explained by then the wetlands will • still be untouched. They are recommending approval to_this revised plan because the applicants are not touching the wetlands, however there are still several things the applicant will have to address regarding erosion control. Mr. Brown added in that the 404 Permit will not be issued until all the problems are resolved, and no construction can begin until the permit is issued. Board Member ECHELMEYER questioned if this permit applies to this wetlands or the proposed wetlands, and Mr. Brown answered it is all one package; the destruction of one wetlands and the mitigation has to occur at the same time. The temporary use permit for this parking lot they are seeking now will not destroy or damage any of the wetlands. Board Member ECHELMEYER stated he cannot see how the applicants can go in and grade a four foot level area without shifting dirt and gravel into the wetlands. Ms. Reckert replied they will,be shifting dirt but will not be allowed to put it in the other areas. Mr. Brown explained further saying the_ wetlands will not be changed or modified in any way.' Board Member ECHELMEYER wanted to know what kind of retaining wall will be put in on the south end, and Mr. Brown answered-none at that end. All df the water runs to the center of the O development and the hay bale dike will protect the wetlands from any kind of erosion. -Ms. Reckert added a grading permit will not be issued until the Public Works Director has reviewed and • Board of Adjustment Minutes September 26, 1996 Page 13 approved the drainage report. It was noted the dirt on the. south end will be gradually sloped and it will be seeded as part of the erosion control plan. Tom Lundy, 3500-02 Allison Street, was sworn in. He was concerned as to where. the access will be. Mr. Brown explained -- - the current dealership has an access that will lead to the parking lot; there will be no direct access from Wadsworth to this site. He added there-will be access onto W. 38th Avenue. At this time there is employee parking on Yukon so they do .have. access onto Yukon, however that would be the long way around. Mr. Brown continued saying there is no legal or real safe access from the site to Yukon and this will alleviate all -of that. Further access from different directions, traffic and parking on Yukon and the extension of Yukon were discussed. Mr. Jeffreys added this temporary parking facility will alleviate a lot of problems that are within a three block radius. Ms. Reckert said Mr. Lundy is concerned with the traffic on 35th and Allison and staff will have to take a good look at the permanent development plan when it comes in. -Board Member WALKER • commented this piece of land has been subject to future commercial development for all of these years and it is a continual problem. Congestion and traffic are a ever growing problem and he does not think they can stop all commercial development when it is already designated that way. Mr. Lundy .said all they are asking for is a road so that 35th and Allison Street does not pile up tremendous amounts of traffic. Miriam Hanna, 7770 W. 38th Avenue, representing the Wheat Ridge Plaza Homeowner's Association, previously sworn in, spoke on her. concern regarding the access to their private property. She sated they have no problems now as long as the applicants do what they say they are going to do. They do want to go on record objecting to any access to-their private property. No further questions were asked. Board Member THIESSEN is concerned about the proposed parking lot right on the edge of the wetlands and she would like to see-the applicant moving it a little bit further away from them. Board Member MAURO has reservations regarding the hardship factor and expressed her concern about the time frame. She would-like to see all the areas that are road based fenced in. • Board Member ABBOTT feels there are financial and neighborhood. hardships. • Board of Adjustment Minutes September 26, 1996 paSe14 Board Member ECHELMEYER wanted to know who controls the parking on Yukon Court now, and Ms. Reckert said the police department. Discussion followed. No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-96-32, an application by Chesrown Automotive Group, be APPROVED, for-the following reasons: 1. The site plan and resultant improvements are located outside of the area designated as wetlands. 2. Proper grading and erosion control will occur with the proposed improvements. There should--be no negative effect on the wetlands area. 3. Access to Yukon Court will be for emergency vehicles only. There will be no negative impact to the residents on Yukon court regarding traffic to and from the lot. 4. Removing the employee vehicles from Yukon Court wi13 have a positive effect on the convenience of persons living on Yukon Court. 5. _ Proper screening will assist in providing minimal negative • effect on aesthetics in the area. 6. The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. WITH THE FOLLOWING CONDITIONS: 1. That no more than one TUP extension be permitted. Long-term use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance with an approved development plan. 2. Yukon Court be gaited at the north property line for emergency access only. Internal access will be allowed only to the TUP site. 3. No parking will be allowed in the area from the hay bales west to the western property line as per the diagram. 4. A six-foot-high opaque fence be erected along the straw bale dike as per the diagram. 5. A six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per the diagram. 6. There shall be no stock-piling of fill on the remainder of the property. 7. No signage will be allowed on the property. 8. If lighting occurs, a permit be obtained and all City standards be met. 9. Improvements at the southwest corner follow the limits of construction'shown on 'the plan. • Beard of Adjustment Minutes September 26, 1996 Page 15 i 10. An approved grading and erosion plan be submitted and approved along with an excavation permit issued prior to any work done on the site. Sufficiency of erosion control shall be inspected by the City with regularity. Erosion caused by earth moving and construction activities shall be controlled. 11. Every effort will-be made by Chesrown management to preclude off-site parking by employees or inventory or service parking and to maintain adequate emergency access to the site. 12. A physical barrier, sufficient to prevent vehicle parking, shall be constructed along the southern boundary of the shaded area of the diagram. 13,. The fencing along Wadsworth shall be set back from the existing curb a minimum of 20 feet. 14. The parking area shall not encroach closer than 30 feet to the wetlands perimeter, as described in the diagram and modified at the meeting. Motion was seconded by Board Member HOWARD. Motion carried-5-1 with Board Member MAURO voting no. Resolution attached. S. CLOSE THE PUBLIC HBARING . 6. OLD BUSINESS A. Discussion followed regarding the memos given out prior to meeting. 7. NEW BUSINESS A. Motion was made by Board Member ECHELMEYER, seconded by Board Member THIESSEN, to start the October 24, 1996 meeting at 7:00 p.m. Motion carried. B. Discussions followed regarding follow up on conditions placed in motions, and previous cases. C. Approval of Minutes: Continued until next meeting. ADJOURNMENT Motion was made by Board Member ECHELMEYER, seconded by Board Member MAURO to adjourn meeting. Meeting adjourned at 10:],5 p.m. ~~nc~llc a 1~ tlC1S ~~~c, Sandra Wiggin Secret • Mary `i,o hapla, Secretary CSRTIFICATS OF RESOLUTION I, Sandra Wiggins, Acting Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the .following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 26th day of September, 1996_ CASE NO. TOP-96-10 APPLICANT'S NAME: Greg Jeffreys for Chesrown Automotive Group, Inc. LOCATION: 3601 Wadsworth Blvd. IIpon motion by Board Member ABBOTT, seconded by Board Member Howard the following Resolution was stated: WHEREAS, Board of Adjustment Application, Case No. TUP-96-10 is an appeal to this Board; and WHEREAS, the property has been posted the rem~ired 15 days by law and in recognition for any protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THSREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-96-10 is hereby APPROVED. PURPOSE: To allow vehicle storage and employee parking on property zoned Planned Commercial Development FOR THE FOLLOWING REASONS:- 1. The site plan and resultant improvements are ,located outside of the area designated as wetlands. 2. Proper grading and erosion control will occur with the proposed improvements. There should be no negative affect on the wetlands area. 3. Access to Yukon Court will be for emergency vehicles only. There will be no negative impact to the residents on Yukon court regarding traffic to and from the lot. 4. Removing the employee vehicles from Yukon Court will have a positive effect on the convenience of persons living on Yukon - Court. S. Proper screening will assist in providing m;n;mal negative effect on aesthetics in the area. 6. The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. IINDER THB FOLLOWING CONDITIONS: 1. That no more than one TIIP extension be permitted_ Long-term use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance with an approved development plan. 2. Yukon Court be gated at the north property line for emergency access only. Internal access will be allowed only to the TOP site. Certificate of Resolution Page 2 Case No. TIIP-96-10/Chesrown 3_ No parking will be allowed in the area from the hay bales west to the western property line as per the diagram. 4. A six-foot-high opaque fence be erected along the straw bale dike as per the diagram. 5. A six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per the diagram. 6. There shall be no stock-piling of fill on the remainder of the property. 7. No signage will be allowed on the property_ 8. If lighting occurs, a permit be obtained and all City standards be met. 9_ improvements at the southwest corner follow the limits of construction shown on the plan. 10_ An approved grading and erosion plan be submitted and approved along with an excavation permit issued prior to any work done cn the site. Sufficiency of erosion control shall be inspected by the City with regularity. Erosion caused by earth moving and construction activities shall be controlled. 11. Every effort will be made by Chesrown management to preclude off- site parking by employees or inventory or service parking and to maintain adequate emergency access to the site. 12. A physical barrier, sufficient to prevent vehicle parking, shall be constricted along the southern boundary of the shaded area of the diagram. 13. The fencing along Wadsworth shall be set back from the existing curb a minimum of 20 feet_ 14. The parking area shall not encroach closer than 30 feet to the wetlands perimeter, as described in-the diagram and modified at tha meeting. VOTE: YES: Bchelmeyer, Walker, Abbott, Thiessen & Howard NO: Mauro DISPOSITION: A Temporary IIse Permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Blvd. was approved by a vote of 5-1. DATHD this 26th day of September, 1996. ` ' obert Wal r, Chairman - andra Wiggins, ng ecretary ~. ( CE(ESROWNS - l ~~ F ~, i ~' ~ ~ ~~ Z_ J ~~~ J ' 3765 Wadsworth Boulevard Wheat Ridge, Colorado 80033 (303) 421-5350 SEPTEMBER 5, 1997 TO ALL EMPLOYEES: FROM: 7OHN MORGAN JOHN MORGAN HAS MADE AN AGREEMENT WITH THE CITY OF WHEATRIDGE AND OUR NEIGHBORS THAT THE EMPLOYEES OF CHESROWN'S FRIENDLY FORD, INC. WII,L NOT PARK ON YUKON COURT AT ANYTIME. JOHN IS URGING EVERYONE HERETO COMPLY WITH THESE GUIDELINES EFFECTIVE SEPTEMBER 5, 1997. IF ANY EMPLOYEE CANNOT RESPECT THESE GUIDELINES, FURTHER DISCIPLINARY ACTION WILL TAKE PLACE. ALL EMPLOYEES NEED TO ENTER THROUGH YUKON COURT TO THE ADJACENT SOUTH LOT. WHEN THE TEMPORARY ASPHALT HAS BEEN PUT DOWN, WE WII.I. START TO ENTER BEHIND SERVICE- AGAIN, LET'S ALL TRY TO RESPECT OUR NEIGHBORS BY NOT PARKING O1V YUKON COURT- THANK YOU HN MORGAN GENERAL MANAGER Friendly Ford 3765 Wadsworth Boulevard Wheat R age, Colorado 80033 (303) 421-5350 Soerthwesr Dodge 7980 W. Tufts Ave. Litrletoa, CO 80123 (303)979-8600 Cltesrown Chevrolet 7300 N. Brewdway Deaver CO 8022! (303)428-5656 Marshall Fonl 3200 28th Sheet Boulder, CO 80301 (303) 939-8600 G.J.'S GENERAL CONTRACTORS, INC. 5312 N. i~ista CL Spokane, i~'a 44212 509-928-2085 509-928-1908 fax VIA FACSIMILE (303) 235-2949 Original follwing via mail September 9, 1997 Jack A. Hurst, Chief of Police City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 90215-6713 Dear Jack, This letter is a follow up and summary to our meeting yesterday, Monday, September ,8, 7997. I would like to request an extension of one year on our Board of Adjustment Application, Case Rumber 7UP-96-1 D. I believe this is not an unreasonable request, for the following reasons: At a time we obtained approval for TUP-96-10, we were in the middle of a Corps of Engineers, d04 Wetlands Off-Site Mitigation Action. The Corps of Engineers indicated, one month after receiving our approval from the City of Wheat Ridge, that they would not al]ow a~ construction on-site, until a time the 404 Permit was obtained. At a time the approval had been given by the Corps of Engineers and E.P.A. Board, the Federal U.S. Fish and Wildlife came down with a new ruling. Any Wetlands projects that hand not had physical construction actually start, were to be held up until a time that an endangered species issue was inspected and satisfied. Six weeks later, we received approval and the ge ahead. Two weeks from that, we were given our 404 Wetlands Permit. This permit was given with one condition, that completion of our off-site wetlands occurred, prior to any construction beginning on the 35th and Wadsworth site. Upon starting construction on our mitigation property, we had a random field inspection by a State-appointed botanist. Upon completion of this inspection, it was determined that we had an endangered orchid on our site. We had to totally re-design and obtain re-approval from the Corps, prior to construction. Three months later this was achieved. To date, we have in excess of four hundred thousand dollars in the offsite mitigation site alone, located at the West Lake Reservoir. This brings us to the first of July, 7997. We started construction on the subject property, clearing, grubbing and removal of wetlands. While enduring 100 year rainfall, it was discovered that the storm water in-lets, located in Wadsworth, had been vacated by the Colorado Department of Transportation. __ ~ Received: g/ g/g7 ~3:00; Sep-09-97 12:50 Jack A. Hurst September 9, 9997 page two -> WHEAT RIDGE POLICE; Page 2 P-02 They had failed to update the city and county records, to reflect these items, after they had completed improvements to Wadsworth some time ago. We then had to obtain a permit to bore a hole under 35th Avenue, to the only storm water inlet close to the subject property. After obtaining C.D.O.T.'s permit, we bared and installed this line to our inlet. We then installed a pump, to move all storm water #rom site and adjacent apartments and townhouses, to the public storm water system. This entailed trenching power and water canals, the entire length of the property. Tfiat brings us to today. We are now de-watering the site again. Upon completion of the de-watering process, we will complete grading and import fill process and construction of the approved temporary parking facility. Permanent and temporary fencing will begin installation September 17th. All required permits have been obtained to date. All electrical lighting plans, erosion control and drainage studies have been completed and approved as per conditions of the TUP-98-10 action and permit. i would hope that everyone involved, including the Board and City Council would be sensitive to the issues we have had to address and resolve, several of which were totally unforeseen. In closing, we would like to state, barring anymore unforeseen issues and with a little help from Mother Nature, we should be completed by the end of October. Thank you for your consideration. Sincerely, 8reg D. Jeffreys, President G,J.'s General Contractors, Inc. enclosure --- ~ MEMORANDUM • Approved Date TO: Meredith Reckert, Planner II FROM: Bob Goebel, Director of Public Works SUBJECT:Chesrown site/35th and Wadsworth DATE: September 10, 1996 It has come to our attention that this site-or portions thereof are recognized by the U.S. Army Corps of Engineers as "wetlands". Because of this, and its impact on site drainage, grading and building configuration, the Public Works Department will not allow any activity to take place on the site, nor review any site related. plans, until we have received copies of approval letters from the Corps and any other .entity which may have jurisdiction over the wetland designation. _._~: .. :, ~ ~ ~~ - ~ ~ +. r: . -, ., 3765 Wadsworth Boulevard • Wheat Ridge, Colorado 80033 (303)421-5350 September 11, 1996 City of Wheat Ridge, Colorado To Whom It May Concern, The purpose of this letter is to formally recognize and authorize Mr. Greg D. Jeffreys, President/Owner of G.J.'s General Contractors, Inc., as agent for and on behalf of Chesrown Automotive Group, Inc. in all matters and activities in regard to the real estate and development of the property commonly known as 35th and Wadsworth, said property being owned by Chesrown Automotive Group, Inc. Marsh 7 R. Chesrown Presi ent ~~Zdri7FIiC.70. •.. 6.--• •--• •.. . - • . - OT-: Sep-12-96 t3'L:4/}Y 5EP-i~'-96 T~J 3~9B r~~iE':aLriiEStYkviEiT r~.: IiC~~u39"30hC< DEPARTMENT OFTHE ARMY CORPS OF ENGINEERS. OMAHA OiSTRICT ` TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 {iy~ LI7TLETON, COLORA00 80123-890t aenrm ~TtF/nKKVw September 12,1946 Te Whom it May Concern: This letter will serve as notice that Tim Brown of Mattut Assign has met with the Corps of Engineers to initiate a discussion of permitting requitlxneMs under Section 404 of the Clean Water Rot for coastntction of the Friendly Ford dealership at 3601 Wadsworth Boulevard. Mr. Martin is aware of the requitrments under Section 404 for the possible mitigation of wetlat~ impacts. If a Secdoa 404 pemtit is issued for this project, it may require mitigation of wetland impacts either on-site or nearby the location of the impacted wetlands. ff you have arty questions conceiaing this information, please t.ontact Mr. Rex Fletcher at 979-4120. Sincerely, ,~~~ ~- Timothy T. Carey 1'rojeu Manager Y. r'.u< ~;;.~ ~;. t,,,f;.,- ql;pr- ,~ v ~.,- n ~` dlr.;,- (~ ,. ~ ,Fp 1 ~ 1996 L~, U LJ +~ U iS PLRNNING & DEVELOPMENT w ®.~., __ _ ~ i '4/r'{~~-TrZrna~ l7ct~x: or- P,c~a.vl~r~ ~~~ ~Eri'r,~o!'fu6a~~ `. ~9S /~lzdr>cAZ~Y Ocvsrcrz=fir 3~xo~ui(a.~C'Ta1#~/~-~. /7rnC~: iJ~c~ S'PcAK~k4'' x'02 ;s~GC a.~ ~Y '20 yc/tez oLD fGuS _, ~12~slDctvTS,UI~ Ai2~ S'7"Ron:lG.Cy ,aG,or.Ns~ f RicNDLy ~a~D cJSJ.~tG !~!Jl~oR( C(`. % olL /.~CctsS %o .TctlGlrZ ~ rh/>B'2:92~` t>e~aCXr~lG, id.~v //S'Td2 ~ Gc /.rRE,~, Tic /?~s~ri~Ts L~ur,~c o ~ ydiCv,~ c'7,- f/,~ vc i.~ ;~9 2 D - iJin~G' /~RNi~rG a~_3_S"~/1v~`: /~'eTt(o'u! ~llbj~YG /So_To-~DO/ka2~ !Uc ~(rcL~~ oluTO 'i~~ --1'T2c~ /~.~ 2 7~ ~ y. [;i! c'' 1>/o r> L ~ H~~ T T~~ _, . ~C'!Ty dF LJt/~~-T 1~rpc~ ~veu~t> T,~ICc ~~frs ~NTa ~`dNS'/Dc~Lgiit~~ ~~~'i~a2 issues><.rc ~Ny K'/;va of ,4- P~2iy ~T To T"/ZiExrnC~i j='o2 D, I '~~~, ti!~ "v ~ /-D IL V Q. d /2. C'On/SIOt 2.,a.Ti b~ - - C.%c Yf- ~'-• r .L_ ~_ AM PM M j U ~~ of PI-ione~-~ -- -- _ - -- Area Code Number ~ Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALLAGAfN WANTS TO SEE YOU URGENT ~ _- RETURNEDYOURCALL Ma~ssage~ - ~ ~ ,f ,n~.~ ~ pgrator ~ ~- .I ~.; ... . wt~t~t Y ~~~~~,;rt~~al'F flEORDER ~® FF1 ENCYm rzs-oao F 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 September 26, 1996 The City of Wheat Ridge `~~ ~. 5~ ~ s~ ,.~ TO: $OARD OF ADJUSTMENT FROM: MEREDITH RECKERT SUBJECT: TUP-96-10/CHESROWN ~y ~`~ ~ J ~~~~ This memorandum is in regazd to the revised site plan submitted for Case No. TUP-96-10 which was received by our office today. The site plan was reviewed with the Directors of Public Works and Department of Planning and Development with the following conclusions: I. The site plan and resultant improvements are located outside of the azea designated as wetlands. 2. If proper grading and erosion control occur with the proposed improvements, there should be no negative affect on the wetlands area. 3. If access to Yukon Court is for emergency vehicles only, there will be no negative impact to the residents on Yukon Court regarding traffic to and from the lot. 4. If the Temporary Use Permit is approved; it will provide employee pazking thus removing employee vehicles from Yukon Court having a positive affect on the convenience of persons living on Yukon Court. 5. If proper screening occurs, there should be minimal negative affect on aesthetics in the azea. Based on the conclusions enumerated above, a recommendation of approval is given for Case No. TUP-96-10 with the following conditions: 1. That no more than one TUP extension be permitted. Long term use of the Planned Commercial Development should be formally approved by Planning Commission and City Council with full compliance with an approved development plan. 2. That Yukon Court be gated for emergency access only. 3. No pazking be allowed in the azea from the hay bales west to the western property line. 4. That a 6' high opaque fence be erected along the straw bale dyke. 5. That a 6' high opaque fence be erected along the northern property line east of Yukon Court. 6. No stockpiling of fill be allowed on the remainder of the property. 7. No signage be allowed on the property. 8. If lighting occurs, a permit be obtained and all City standards be met. 9. That improvements at the southwest comer follow the limits of construction shown on the plan. 10. That an approved grading and erosion plan be submitted and approved along with an excavation permit issued prior to any work done on the site. ~ (303) 234-5900 ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 235-2949 F WHEAT . ~ 'W H E A T _~° ~-o I D G E 7500 WEST 29TH AVENUE U f~li WHEAT RIDGE. COLORAD080215 c~L OR ADO FAX# (303) 235-2857 F To: ~~ 1~ A'f'f L A __ C From: ~_. ~, ~-~ ~L~ --.._~__ - ~ ~ ~~,~ ~ I S Dale: ~_~-.~ _________ i I I I \o. of ]'ages M (not including cover sheet] I I Conuueuts: L _ 35-~'? _~'-_ t- ~ t S N ~- _ - -------- I E - ._ _ -- -- ---------- , I -.~ _` PLANNING ANU '/.ONING - PARKS AM1U RE(~REATION ~ PUBLIC 1VORK • RECEPTION N0. 921347016 • /22/92 10J:39 7O.HO CORDED IN . ~ ~ COUNTY OF JEFFERSON STATE OF CDLORADO REVOCABLE LICENSE AGREEMENT ~~ This Agreement, made and entered into this 27th day of July , 1992, by and between the CITY OF WHEAT RIDGE, ~ /~ ~1° ` COLORADO, a municipal corporation of the State of Colorado, with J offices at 7500 W. 29th Avenue, Wheat Ridge, Colorado 80215, hereinafter referred to as the "City"; and MICHAEL J. MOONEY, owner of certain property at 3501-3511 Allison Street, Wheat Ridge, Colorado 80033, and THOMAS P.J. LUNDY and JOAN M. LUNDY, the owners of certain property at 3500-3502 Allison Street, Wheat Ridge, Colorado 80033, hereinafter referred to as the "Owners." The City and the Owners shall hereinafter be referred to collectively as the "Parties." WHEREAS, in 1984 the City denied a request for a rezoning of certain property to Planned Commercial Development at 35th and Wadsworth, which denial culminated in a lawsuit filed by Integrated Development Corporation ("Integrated") under Case No. 84 CV 3258, Division 2, District Court, Jefferson County; and WHEREAS, in order to settle said lawsuit the City agreed to grant the rezoning being requested by Integrated subject to certain terms and conditions, which included the closure of Allison Street in the general vicinity of 35th Avenue so as to preclude traffic being generated by the proposed commercial development from entering the residential neighborhood along Allison Street; and c: \up50\wr\license.egr (July 2T, 7992) . .... ,~ WHEREAS, to insure the closure of said street, the City vacated a two-foot strip at the north boundary of the right-of-way of West 35th Avenue and then conveyed said property to the Owners by Quit Claim Deeds; and WHEREAS, the closure of Allison Street was further accomplished by the erection of curbing and barricades; and WHEREAS, the agreement of the City to close Allison Street was reflected in a Memorandum of Understanding dated March 7, 1985 between the City and certain residents along Allison Street including the Owners herein; and WHEREAS, the Memorandum of Understanding was incorporated into and made a part of a Stipulation of Settlement in Case No. 84 CV 3258, which Stipulation was further adopted by Order of the Court on April 11, 1985, at which time the Court directed all Parties to perform the duties set forth therein; and WHEREAS, despite the approved rezoning of the property, Integrated never constructed the commercial development at 35th Avenue and Wadsworth and to this date the property remains vacant and unused; and WHEREAS, certain other residents along 35th Avenue have recently requested the City to reopen Allison Street to allow them ingress and egress to 38th Avenue; and WHEREAS, the Parties have reached an agreement regarding the terms and conditions by which Allison Street may be reopened for certain limited purposes pursuant to the granting of a Revocable License Permit in favor of the City. RECEPTION N0. 921347QJ6 c:\up50\ur\licrose.s9r (July 27, 1992 2 .,; `tj . fir; x?. 5i '. ',~i~rhq~,?~~. •r NOW, THEREFORE, in consideration of the mutual promises herein contained and of the grants herein provided, the City and the Owners hereby agree as follows: 1. IIse. Owners hereby grant to the City a Revocable License to occupy and use the property described in Exhibit "A" for the limited purpose of constructing a road and associated improvements to connect existing Allison Street to 35th Avenue as reflected on Exhibit "B" to this Agreement. The City shall be totally responsible for the maintenance, repair and/or reconstruction of the road and associated improvements during the pendency of this License. 2. Description of interest. Th License shall be a permit only for constructing said road and associated interest in land for which compensation of its termination or revocation. 3. Condemnation. The Parties s Parties agree that this the limited purpose of improvements and not an would be due in the event further agree that said License Agreement shall constitute a covenant running with the land and be fully enforceable by any successors or assigns of the Owners herein. The Parties also agree that should the City institute a condemnation action against the Owners for whatever reason, the existence of said License shall not constitute an encumbrance upon said property which would devalue or diminish said property in connection with the ascertainment of just compensation due the Owners. In effect, the Owners' property shall be valued as though said License did not exist. The City further agrees that, for so c:\t+p50\ur\licmae.ayr (duly 27, 1992) 3 RECEPTION N0. 921347QJ6 long as said License Agreement remains in effect, th~~~t'y~OShal=1 not institute an action in eminent domain for the purpose of acquiring an interest in the Owners property for street or road purposes including the property which is described in Exhibit A. 4. Termination. The Owners, their successors and assigns shall have an absolute right, with cause as defined herein, to cancel said License Agreement upon giving written notice thereof to the City effective within fifteen (15) days of the date set forth in said notice. All notices under this Agreement shall be deemed to have been delivered when deposited in the United States mail, certified, return receipt requested, postage prepaid. It is agreed by the Parties that the occurrence of any of the following events shall constitute cause sufficient for the termination of this License Agreement: (a) The generation of 1000 or more vehicle trips of traffic per day on Allison Street, said number of vehicle trips to be verified by a traffic count to be undertaken at City's sole cost over a five (5) day work week, utilizing standard traffic count techniques which traffic counts may be requested by the Owners or other Allison Street residents on a yearly basis. Upon such request, City shall install within thirty (30) days, weather conditions permitting, three (3) pneumatic traffic counting devices in the areas identified on Exhibit C. All Parties agree that the device which will be installed at or near the existing fire hydrant on Allison Street as more particularly described in Exhibit C shall c:\up50\wr\tiernse.agr (duly 27, 1992) ¢ RECEPTION N0. 92134786 ` R'_ i A~ ~t~ ~ !~ control the traffic count number under this Agreement, and that the other two (2) traffic devices located at 35th Avenue and Wadsworth and Allison Street and 38th Avenue will be for information purposes only. Within fourteen (14) days after the traffic counts have been taken and processed by City, the party requesting said count shall be furnished with the results, including a copy of the traffic count computer printout for all three (3) devices. Thereafter, should said Owners or Allison Street residents disagree with the traffic counts as ascertained by City, they shall be entitled to hire an independent traffic engineer to conduct a separate study of said counts and in the event of a difference in traffic counts between the two studies of ten percent (10$) or more, both City and Owner shall jointly commission a third study from another independent traffic engineer of their mutual choosing whose conclusions regarding said traffic counts shall be binding upon all Parties for that year. (b) The completion of construction of an alternative traffic route other than Allison Streetr which shall be required by the City as a condition of the approval by the City of any rezoning or development request, whether instituted by the City or a third party, of all or a portion of the vacant property located at 35th and Wadsworth; provided, however, that residents of Allison Street may waive their right in writing to terminate this Agreement at the time of construction based upon their review and acceptance of the development proposed, and also provided that notice and an c:\wp50\wr\license.epr (duty 27, 1992) 5 RECEPTION ND. 92134706 ' Ji~C~~ d,~3J~`}'ri~„' `xa9 p~ ~^. f i, F~i ~'rl~ ~ n.^ .- . opportunity to review such development plans is afforded g~ic~'°"` Allison Street residents. 5. Initial Traffic Count. The City agrees within fifteen (15) days after the execution of this License Agreement to conduct an initial traffic count in the manner described in Paragraph 4(a) above so that all Parties may ascertain the current traffic patterns. Said initial traffic count shall not constitute the yearly traffic count to which the Owners and the Allison Street residents are entitled under the provisions of Paragraph 4(a), but shall be an additional traffic count undertaken solely to determine the current traffic patterns. Said Owners and Allison Street residents upon request shall be entitled to the results of said traffic count as provided for in Paragraph 4(a). 6. Repair cad Rev®q®tate. Should this License Agreement be revoked or terminated by Owners, their successors or assigns, the City shall: (a) At its sole cost and expense, within sixty (60) days of receipt of notice, remove all road improvements from Owners' property and repair any damage or injury caused to said property by City's use. City shall also, at its sole cost and expense, revegetate and return the area to its natural pre-existing state, and erect the barricades and curbing which previously existed to close Allison Street to further through traffic; and (b) Also at its sole cost and expense, restore the remaining property of Owners to the condition in which it existed prior to the completion of the barricade and cul-de- RECEPTIDN ND. 92134706 c:\up50\wr\License.a9r (July 27, 1992) 6 i~a;~ ; ,'~.,; . ,., .,, sac in 1985, or as nearly thereto as may be practicable upon agreement of said Owners. 7. Signage. As part of the License, the City shall erect signs at appropriate locations indicating that thru traffic should utilize West 38th Avenue as opposed to Allison Street. The City shall also at appropriate locations along 38th Avenue and Allison Street erect weight limit signs. 8. Removal of Signal. To further discourage thru traffic within the Allison Street neighborhood, the City agrees that it will remove the existing traffic signal at West 38th Avenue and Allison Street before December 31, 1993, and shall resolve the site distance issues for southbound Allison Street residents north of West 38th Avenue before said date. 9. Remedies. In the event of breach of this Agreement by either party, the nonbreaching party shall notify the breaching party in writing of the alleged breach, and the party allegedly having breached this Agreement shall be afforded ten (l0) days to correct said breach. In the event said breach is not remedied within said ten (10) days, the nonbreaching party may seek any remedy available to it at law or equity, including the remedy of specific performance. S0. Assumption of Liability. During the duration of this License Agreement, the City shall cause the property described in Exhibit A to be utilized as a portion of the City~s street system, and shall assume all duties, responsibilities, and liabilities resulting therefrom in the same manner that the City assumes liability for operation and maintenance of all other portions of RECEPTION N0. 921347416 cc\wp50\ur\llcense.®9r CJuly 27, 7992) 7 rr ft~:i~~ iF: ~~~~:~§ ?iJ ~it ~ 5:1,?iii 2'+ii5:,'} .' ~ the City's street system. ~~" `'~' ~" ii. Approval of Design. The City and the Owners agree that the design plans and profiles for the construction of the road connecting Allison Street and West 35th Avenue which are (7~ conceptually described in attached Exhibit B, shall be followed oy and adhered to, and all improvements shall conform therewith. 12. Non-Waiver. By entering into this Agreement, neither the City nor the Owners are waiving any legal rights or claims that they may otherwise have arising out of the use of Allison Street and the prior settlement of Case No. 84CV3258, including any rights they may have by virtue of the Memorandum of Understanding dated March 7, 1985, the Stipulation dated April il, 1985, and the Order entered on April il, 1985. The Parties specifically reserve any and all legal rights that they may have arising out of the prior settlement in Case No. 84 CV 3258, and shall not be prejudiced in any manner in the assertion of such legal rights by virtue of the execution of this License Agreement. Upon the execution of the License Agreement, it is not the intent of City to rezone the property at 35th and Wadsworth as presently being considered under City Case No. W2-92-4. However, should the City rezone said property now or in the future, the Parties specifically acknowledge that the residents of Allison Street are not waiving any rights they may have to object to said rezoning activities when and if such rezoning activities are undertaken. The Parties specifically acknowledge that residents of Allison Street are not waiving any rights that they may have to object to any rezoning activities relating to the property which RECEPTION N0. 921347fJ6 e:\wp50\wr\license.agr (July 27, 1992) 8 a • was the subject of Case No. 84 CV 3258 when and~;i~. such rezoning activities are undertaken. 13. Assignability. The City acknowledges that this License Agreement shall be for its exclusive benefit and shall not be (/A7~ transferable or assignable to any third party without Owners' prior- -/ approval and written consent. Owners shall, however, be entitled /- to assign or transfer the rights arising by virtue of this License Agreement to other third parties, including other residents along Allison Street who have a vested interest in enforcing its provisions to limit and reduce the amount of through traffic through their neighborhood. The Owners may also convey various interest in the 2-foot strip over which the subject road will be constructed to third parties, including some or all of the residents along Allison Street to insure their ability to enforce the provisions of this Revocable License Agreement should they deem it necessary. 14. (3overninq Lav. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 15. Senerability. Should any of the provisions of this Agreement to any extent be held to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 16. Waiver. No provision of this Agreement may be waived, except by an agreement in writing signed by all of the Parties hereto. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 17. Amendment. This Agreement may not be amended without the prior written consent of the Parties hereto. RECEPTIDN N0. 92134706 e:\up50\wr\lieense.agr (JULY 27, 1992) 9 • 3~Otf; iA34iW ~~ "FtJ s~IHO t'%!zsl~ qfi~ SE3 ><G8.0.4 PEOQB 0~J67DI0.~ 3$aJR 259",'/ 18. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All counterparts shall be construed together and shall constitute one agreement. 19. Recordation. This Agreement may be recorded against the property described in Exhibit A. Should this Agreement be terminated or revoked, the City agrees that a written revocation of said Agreement may also be recorded. ATTEST: Wanda Sang, Ci y Cler STATE OF C9~9~PrHA~ ) ss. COUNTY OF O~~~y ~. ) Subscribed and sworn to before me this ~aay of -TJ~I 1992, by ~~LI,~.A",c "S M.ovra~ My Commission expires: ~~~'a.-`-(i~o1~3 [S E A L] OFFICIAL SEAL of ry Publ c ?"~!"'°' LAURA I. RIVA rz ; F N07ARY PUBLIC -CALIFORNIA C~A OPo0.NGE COUNN ~`~~• My comm. exDlres SEP 24, 1993 RECEPTIDN ND . 921347fd6 10 THE CITY OF WHEAT RIDGE, COLORADO / By (.r/ Ray J. er, Jr., M or 3Jilll.~ J SicC4' j'i `'~ 8cJ ~Ij~'11 i~G4 T fit} ,.i.::. .- 5F . „n '~ d .. u STATE OF COLORADO ) ss. COUNTY OF ) ubscribed and sworn to before me t~}}s ~~~ day (~~ ~, 1992, by ~J/~rm_.-~ J, GZG~..~ ~! ~.. P L ~ v .., ..,,.. ~'~o .... ~, Cpmm1 ,~: ~.~l~.i ~', - E~$ ~ ~lrL ~ : .p-. ~ ~ :- ag y,,a - ~~~~. ~u e ~~~ ~~o . r.;;..~. F o r e0o' ~ o2cl- 02l expires: 8- 9 STATE OF COLORADO ) ss. COUNTY OF TC`FFEp S0~ ) Notar Publ c ~c....r- ~ P"0-v ~ ~ ~~=~ ~ Subscribed and sworn to before me this 27rday of :TOr.y 1992, by /~n-y ~ cu.~rrGC/Ij T3.', lr---~~~0~, ~n~~~ !l1Ar/oA SAa/G CirY CLEKlc My Commission expires: 9_30-45 [S EAL] RECEPTION ND. 92134706 c:\up50\ur\license.agr (July 27, 1992) 11 E S H Z B I T A ~2ECEPTIDN NO. 921347fd6 A parcel of land in Section 26, Township 3 South, Range 69 West, City of Wheat Ridge, County of Jefferson, State of Colorado. Specifically, the right-of-way of Allison Street at 35th Avenue. More particularly: Starting at a point one hundred sixty-four and nine tenths (164.9) feet East of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 26, Township 3 South, Range 69 West and twenty-five (25} feet North of the South line of the Northeast 1/4 of the Northwest 1/4 of Section 26, Township 3 South, Range 69 West. Said point being the centerline of the Allison Street right-of-way at the North right-of-way of West 35th Avenue, also the TRUE POINT OF BEGINNING; thence, continuing' East parallel to said South line of the Northeast 1/4 of the Northwest 1/4 of Section 26 a distance- of thirty-seven and one-half (37.5) feet; thence, North parallel to said centerline a distance of two (2) feet; thence West parallel to said South line of the Northeast 1/4 of the Northwest 1/4 a distance of thirty-seven and one-half (37.5) feet to a point on the centerline of Allison Street; thence South on said centerline a distance of two (2) feet to the TRUE POINT OF BEGINNING. and A parcel of land in Section 26, Township 3 South, Range 69 West, City of Wheat. Ridge, County of Jefferson, State of Colorado. Specifically, the right-of-way of Allison Street at West 35th Avenue. More particularly: Starting at a point one hundred twenty-seven and four- tenths (127.4) feet East of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 26, Township 3 South, Range 69 West, and twenty-five (25) feet North of the South line of the Northeast 1/4 of the Northwest 1/4 of Section 26, Township 3 South, Range 69 West. Said point being the TRUE POINT OF BEGINNING; thence East and parallel to said South line of the Northeast 1/4 of the Northwest 1/4 a distance of thirty- seven and one-half (37.5) feet to a point on the centerline of the Allison Street right-of-way; thence West parallel to the South line of the Northeast 1/4 of the Northwest 1/4 of Section 26 a distance of thirty- seven and one-half (37.5) feet; thence South parallel to the centerline of said Allison Street right-of-way a distance of two (2) feet to the TRUE POINT OF BEGINNING. ~~ I~ 7-27 ~2 41 ~-~,a- RECEPTION NO. 92134706 M~ i W r.x ~ W I ~i C~! ~_ i:.i J U N ~ ~/ z ~w ~ ~ _I N 4 z ~ (~ w -~ z O N~~ 1!i ~ ~ d ac w 3 s - a;>. 2 ~ `' ~~~:: ~~ tad' -F~' ` ~+~ x ~ ~ ~ ~x 1 ~~ v ~ ~ ~ ~.~ Z ~. 3 ~ ~ `~ i ~ PXN d~ I I O~ 3 ~ ~ ~ ~~ J J 7 ~ [~ { W 2 ~, N ~ X VS7 ~ \ ~ ~ J 1_ ~ 111 ~ ~ 1U ~' h 1y -o- p Y N ~~ ~ ~~ o ~3 •'; ;:,:, .•~„y.. '1S NOSI~~d ~/ 81t81~3X~ w s~ P z~ '. C ~t~1J ~?~ isl~ti'~ .~~.~ 5 ~ J ~ ~ . ~! Nvd Aud .G:3 ~ C~ A~~OGS r.iJ~~:=~}lssrtl~ 1 Q 3~Q ~~~W ~ P o ~j O ~ N -° - WIC z ~ ~~4cP2 $ ~ Zw ~3 ~ .m ~ ~ ~~p~~ (Y 1 ~ 4~o~~pt o \ ~ ?W za~.su~ I~ / ~ ~ j ~ ~ / ~ .m ~g ~~ - o ~ r-- J w ~ p ' N3 o~ r ~~ U ~' ~h w~ 3 i ____._-J O • EXHIBIT C ~. .~ -~ ~~ a y.t. 35 ~' Ate. RECEPTION NO. 42134706 -~.h,~~1G CUA~4T LaC.~'~'1~'f~ h'~'~ wcvcFiar~ "~" 9sllku. ~v~ uy~7 ~ r7~~1~ w~~~~ ,rw.+-~~ ~ ~..~~~ ~r, ~~~~~~ x ~a~i:~ tA3~~ ~~ Y~1~ 9:,i1tt~ , ~ alb y3i~~ S :}~ ' .D4 E00~ obetiale~ ,ss~iA Jsgrf4Y NOf2T~ ,.~~ . ~~ x.42 ~~'y ~~~~. ~~~~.~~- _' _ i~ ~ - AMENDMENT TO REVOCABLE LICENSE AGREEMENT THIS AMENDMENT is made and executed this / ~~ day of February , 1993, by and between the CITY OF WHEAT RIDGE, COLORADO, a municipal. corporation of the State of Colorado, with offices at 7500 W. 29th Avenue, Wheat Ridge, Colorado 80215, hereinafter referred to as the "City"; and MICHAEL J. MOONEY, owner of certain property at 3501-3511 Allison Street, Wheat Ridge, Colorado 80033, and THOMAS P.J. LUNDY and JOAN M. LUNDY, the owners of certain property at 3500-3502 Allison Str~et~ Wheat Ridge, Colorado 80033, hereinafter referred to as the "Owners." The City and the Owners shall hereinafter be referred to collectively as the "Parties." WITNESSETH WHEREAS, on July 27, 1992, the Parties above-named entered into a Revocable License Agreement, which License Agreement is currently in full force and effect; WHEREAS, the Parties hereto have come to an agreement regarding amendment of paragraph 8. Removal of Signal, thereof; WHEREAS, the Parties hereto wish to reduce their agreement to writing in the form of this Amendment to Revocable License Agreement; WHEREAS, the Parties hereto agree that, except as amended herein, the Revocable License .Agreement dated July 27, 1992, remains in full-force and effect. c:\up50\ur\t ic-an~end. agr (January 29, 7993) NOW, THEREFORE, the Parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows: 1. Paragraph 8 of the Revocable License Agreement between the Parties dated July 27, 1992, is hereby amended by deleting the date "December 31, 1993" and substituting therefore the date of "December 31, 1994." 2. Except as amended in the preceding numbered paragraph, all terms and provisions of the Revocable License Agreement dated July 27, 1992, between the Parties hereto remain in full force and effect. 3. This Amendment may be recorded against the property described in Exhibit A to the Revocable License Agreement. THE CITY OF WHEAT RIDGE, COLORADO ATTEST: By !. Wanda Sang, City rk Ray J. W' er, Jr., or c: \up50\ur\lic-an~end.agr (January 29, 1993) 2 i • STATE OF COLORADO ) COUNTY OF Jefferson ) ) ss. Subscribed and sworn to before me this /p ~ day of February , 1993, by Thomas Fr"J-Zundy My Commission expires: [S E A L] STATE OF COLORADO ) ss. COUNTY OF Jefferson ) %.~o' S'S N tary Pub c Subscribed and sworn to before me this ~ -day of n_i__.____ ....~„ >___ Tnnn M... 'fop' State of ~-L'~-~~v~~ r- Countyof_ oR"9'"'~ ~ On_ ~ I'1,tS93 before me, Lra~vQ..,-S, ,-Ztva ~07,,,..~ p„Qar« DATE NAME, TITLE OF OFFICEfl~E.G.,'JANE OOE, NOTARY PUBLIC' ~ personally appeared f+~. ~~~ S Y~-.>®ti~.y NAME(8}OF SIGNER(S) r®'-f~ersonally known to me - OR - ^ proved to me on the basis of satisfactory evidence to be the person(,s~whose name(. is/are subscribed to the within instrument and ac- knowledged to methat he/spe/tHey'executed the same in his/hcrfifreir authorized OFFICIAL SEAL capacity(ie3), and that by hisEkeT7their `~' ~`• LAURA I. RIVA signature(a~ on the instrument the person(, r~~. NOTARY PUBLIC-CALIFORNIA orthe entity upon behalfofwhichthe erson (`\/ai-<ti y~° ORANGE COUNN p \~_•"" My comm. expi; es SEP on lgog acted, executed the instrument. ~~ "' ' ~'y`"''W'~ Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) ^ CORPORATE OFFICER(S) TITLE(SJ ^ PARTNER(S) ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ SUBSCRIBING WITNESS ^ GUARDIAN/CONSERVATOR ^ OTHER: _ _ __ _ SIGNER iS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY I ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthodzed document. THIS CERTIFICATE Title or Type of Document A~--o^^-a' nl RiV~~a.JLi (,.r~~St. ptpi~-...r MUST BE ATTACHED TO THE DOCUMENT Numher of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ®1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ava. • P.O. acx 7184 • Canoqa Park. 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