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HomeMy WebLinkAboutSUP-07-04 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Case File CASE MANAGER: M. Recker! CASE NO. & NAME: SUP-07-04/Steve Kim DATE OF MEETING: N/A (Admin. Review) ACTION REQUESTED: Change of conditions (ownership) to an existing Special Use permit to allow a casino bus transit operation in a Commercial-One zone district LOCATION OF REQUEST: 12100 W. 44th Avenue APPLICANT: Steve Kim for I & J Colorado, LLC (Howard Johnson Denver West, LLC) APPROXIMATE AREA: 2.88 acres PRESENT ZONING: C-I, Commercial-One COMPREHENSNE PLAN: Community Commercial Center ENTER INTO RECORD: o (X) o COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) o CASE FILE DIGITAL PRESENTATION Location Map I Site I Case No. SUP-07-04/Kim for Howard Johnson 1 All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST The applicant requests approval of a change of conditions relative to ownership for an existing Special Use Permit to continue a casino transit operation on property zoned C-llocated at 12100 W. 44th Avenue. Section 26-204 (zone district use schedule) ofthe Zoning and Development code requires that private transit facilities in the C-l zone district receive special use approvals. Case No. SUP-03-06 was a request by the new property owner for a change of ownership to an existing special use permit originally approved in 2001. The change of ownership for the SUP was granted in October of 2003. The property owner is desirous of modifying the SUP approval to reflect new ownership ofthe hotel and casino bus operation. There are no modifications proposed to the property or the bus operation. Pursuant to Section 26-114 (special uses), the Community Development Director has the ability to decide upon applications for administrative special use approval, without requirement for a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten (10) days, 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. The Community Development Director shall also decide the following: 1. Whether the SUP runs with the land in perpetuity; or, 2. Whether the SUP is personal to the applicant and mayor may not be inherited; and lor, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. AGENCY REFERRALS All agencies are serving the property and will continue to do so. III. SPECIAL USE PERMIT CRITERIA Case No. SUP-07-04/Kim for Howard Johnson 2 For an administrative approval, the community development director shall base the decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The property in question has been utilized for a casino bus transit operation since 2000. No changes to site conditions or operation are proposed. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The property has been utilized as a casino bus stop for six years. The change of conditions should not impact the neighborhood by contributing to blight. 3. The special use will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. The site conditions are not changing, therefore, there should be no impact on light, air, or water to adjacent properties. The property is bounded on the north across W. 44th A venue by a major regional truck stop with 1-70 beyond. An office/warehouse facility and a semi truck tire facility abut the property on the west and east, respectively. There should be no concern for increased noise pollution in light of the proximity to 1-70 and other heavy commercial uses in the immediate area. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or offthe site. No changes are proposed to the existing bus circulation pattern which allows buses to enter and exit the hotel property using Van Gordon Street. Public Works has reviewed the accident records for the last several years and has no issue with the operation or change of ownership. Adequate customer parking is provided on-site and bus loading will occur on the west side ofthe hotel structure. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. Adjacent properties are commercial in nature and will experience minimal impact from the proposed change of ownership to the 2003 special use approval. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utility agencies are currently serving the property. There will be no impact to parks or schools. 7. There is a history of compliance by the applicant andlor property owner with Code requirements and prior conditions, if any, regarding the subject property. Case No. SUP-07-04/Kim for Howard Johnson 3 If conditions of an approved special use are violated, the permit can be revoked. If the permit is revoked, then the use of the property for casino transit must cease. There have been no violations to the conditions of the 2003 SUP approval. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. No physical improvements are proposed to the property therefore this criterion is not relevant. IV. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on April 3, 2007. There were four neighborhood property owners in attendance. They had no substantial concerns once they understood that this is not a new operation, but simply a change of ownership (Exhibits 1 and 2, sign up sheet and neighborhood meeting recap). V. STAFF RECOMMENDATION/FINDINGS OF FACT Staff recommends approval of Case No. SUP-07-04, a request for approval of a change of conditions on an existing special use permit for property located at 12100 W. 44th Avenue with the following findings of fact: 1. This request for an administrative special use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. Staff has not received written comments in opposition to this request from the noticed property owners. 3. The change of ownership of the casino bus operation and continuation of this use will not impact adjacent properties or endanger the general health, safety welfare and convenience of persons residing or working in the neighborhood. 4. All agencies are currently serving the property and will continue to do so. With the following conditions: 1. The special use shall be a grant of use to Steve Kim for I & J Colorado, LLC (Howard Johnson Denver West, LLC) until the time that the property is sold. The grant of special use cannot be inherited. 2. Casino bus parking shall not be allowed on adjacent public streets. 3. The idling of buses is subject to the City of Wheat Ridge nuisance regulations (Section 15-22; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. A maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. The casino bus loading/parking space remain marked or signed. 6. There be no increase in ridership or route frequency. ca tA. Community Development Director ~~(j07 Ide Case No. SUP-07-04/Kim for Howard Johnson 4 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of W"heat Ridge Date: April 3, 2007 City Staff Present: Meredith Reckert Location of meeting: Second Floor Conference Room, Wheat Ridge Municipal Building, 7500 W. 29th Avenue Property address: 12100 W. 44th Avenue Property owners: Jenam and Sang Kim Property Owner(s) present? Yes Applicant representatives: John Hayes (property owner's attorney) Existing Zoning: Commercial-One Comprehensive Plan Designation: Community Commercial Center Existing Uselsite conditions: The property in question is 2.88 acres in size and has 50' high hotel structure on it built in 1985. The property has frontages on W. 44th Avenne (north side) and Van Gordon Street (south side). The property was recently purchased and changed from a Quality Inn hotel to a Howard Johnson hotel. There is an existing Special Use Permit in place for a casino bus operation that utilizes the hotel lobby and parking lot for their pick-up and drop-off service to the casinos in Black Hawk and Central City. The Special Use Permit was originally granted in 2000 to the then property owner as a specific grant of use. A renewal was processed in 2003 as the property was purchased by a new party. Because the SUP was specific to the property owner and did not "run" with the land, the property conveyance required processing of a new special use for the new property owner. The property has once again been sold. In order for the casino bus operation to continue, a new Special Use Permit review is required. Applicant's Proposal: The applicant intends on continuing the casino transportation service out of the property. There would be no changes to operation. The routing pattern would continue to allow buses traveling east on 44th to turn south on Van Gordon and enter the site, stop and pick up passengers on the west side of the structure and exit north on Van Gordon to 44th Avenue. EXHIBIT 1 The following issues were discussed regarding the SUP request: . Is this a new operation? No. the bus sen1ice for the mountain town casinos has been operating from this location since 2001. This application is only for a change of ownership. . Are any changes proposed to the building or site? There will be no site or building modifications. . How often will buses enter and exit the site? There will be one bus coming into the site per hour. . Will this facility be tied into other casino bus facilities? Yes, it is coordinated with other casino bus stops in the metropolitan area. . Ifthe property is sold will the bus operation be permitted to continue? Since this permit will be issued to the property owner. upon sale of the property the new owner would have to reapply for a new Special use Permit. . How will pollution from the buses be mitigated? One of the conditions of approval will relate to the idling of buses and the City's nuisance code (Section 15-22: Offensive Discharges) which limits the idling of diesel engines to a maximum duration of 15 minutes. . What if the conditions of issuance are violated? If it is verified that the conditions of approval are being violated. the SUP can be revoked. The four area residents in attendance did not realize that the operation was already occurring and were under the assumption that this was a new operation. They had no major problems with the proposed SUP. 2 N ->. ~ c..v Q') 01 ~ ~ ~~ Z s:u ~ ~ 3 ...s-, CD t Sl m ~ rs--:-L r ~m -c ~ ~ -C. 1::1 ;J ~ ()1 c:, \.x, (/'\ ~ ~ ~ &\ 0 VI )> '0 'I\' '" c.. ~ ~ c.. ~ - ... ~ ~ "'- CD - Ul <;:: 0 ~ Ul ';. (' 1"\ 2:. <:::. ~ r- C/l ~ ~ ~ fo i- cl fJ ,\ '<. ,. .., f\ (l7 \) ~ ~ ~ ~ ~ tJ - ":\ ~ ~ 6. 1 \ r ~ ~ ....., rp ~ ~ l)I ~ EXHIBIT 2 "'0 r m )> (j) m "'0 :::0 Z -l en "0 CD o -. e!.. c Ul CD "0 CD ..J. _. ... ~::::l3 ~ s:u;::;: )> 000'_"0 < I .." .., <..J.s:u..:: . N =0 .j::o.ooo~ ~::::l ::E "'tI N ::TCD s:u S c )>&'0 0 < Ul s:u ...... CD .... Ul ::::l ... _. s::: o' ::::l CD .... 0 C" s::: Ul o "0 CD ... s:u .... -. o ::::l ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ m ~ ~ W N ~ 0 ~ ~ ~ ~ l ~ POSTING CERTIFICATION CASE NO. >;>0 f 070 q- DEADLINE FOR WRITTEN C~MME~: I,. _~/? j~ fj"J (name) /7 residing at I:J. /(TIJ VU W-rrl J1/~ V(t'P79-( ;Qlf)~&- (~ (address) ~1? as the applicant for Case No. ?It P () '? tll.-/ , hereby certify that I have posted the sign for Public Notice at 11..1:V W w11l AVI- /A)/bP-t NIJtf-Cr(pp:J) (1 0 cat ion) on this -t- day of i :,~'f: -- c......) t{rJb- ,20 D =land, do hereby certify that ! said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on Signature: NOTE: This form must be submitted to the Communit;t-Development epartment for this case and will be placed in the applicant's case file. / // -- the map below. ) ~ ~. wz- 86-5 Z ~ ~ ill ~ iiI Z 0 :::> z ... ~ ~ > --:> ~ ~ R-1 ~ ~ . R-C I ~ ~ A I " ~~ ;; DEVElOPMEN'j , CORP. !. ~; ~ ~ II WL-l:IU-O W 44Tll AVE A-2' PEARL OF THE VALLEY SUB ~ Sl f. g;,~nj;> :-..~\f1~~:'~\ t ~ ~. 5 ~ e!,-SHWNi1WAY; " . ~ :\;7:~E1{gGB;W-:; ~dr~i:':ii:i: - WESTlAKE ~. PARK SUB C-2 ! ~ C-1 " . . 0 m ~ A-1 ~ "" /--- 1""'---------------/ --------------- ., i i i i ! ! A-2 .'i ",- 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of lW1eat Ridge June 5, 2007 This is to inform you of Case No. SUP-07-04, a request for administrative approval ofa Special Use Permit for a change of ownership for an existing casino bus drop-off and pick-up operation on property zoned Commercial-One (C-l) and located at 12100 W. 44th Avenue. Pursuant to Ordinance No. 1291, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on June 14,2007. Thank you. SUP0704pubnot.doc A.M.T. C-1 DEVELOPMENT WZ-90-8 R- CORP. . .. ~ .' ~ . ~ ~ ! - ~; . ~ ~ ", ~ . << 0 ~ ~ A-1 ~ - 5E17 WESTI-70 FRONTAGE RO N0RTH ~ /;Y'''' , \ \ ~ \ ,. i i j i i ,. ,/ ; ; ; ; ; ; PID " /fl LAKEMONT CENTER SUB /'1Y , / i (I ""9__"'9~~."~,,J' ii'r ,f )' -?'/ .,.,.,.,/"':':':-:;:~/ "".---- --------.-/ WZ-78-118 WZ-aS.3 '" "',,.,"',""""""'- '" - i '7:::::<"""""""-'" /'-j----- ~ -'_oj ,f' _/ ,f' I !/ 1...../ ,; ) .r , 1 ; fJ ( ;# i " ; i ( ----- ,. ,. ; \ ; ; ; ; r \..J /" A-2 " ~ .....:.;.; -~.- -'- i -'- PCD TABOR PROPERTIES A-1 WZ-75--7 PCD WZ-96-11 C-1 PCD A-1 J R-C W 44TH AVE ~ ~ -, ~ ~ ~ , PEARL ~ "'-1 . iA- Z ~ !,A-2 OF THE <.f) " I VALLEY Z . ~ ~ :::l "' ~ ! SUB , --.-----------.- " > ~ ; , ~ ~ i ""- -- ; i ; R-1 ; A-2 ; ~ ~ ; ; " i ; ~ .;5i~ 5E20 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES ~ 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) ~."". . ' " C'OtOR"O DEPARTMENt OF PLANNING AND DEVELOPMENt ~ <.f) W i i o li) * ~ ~_ '. ~ . "' ~ ~. ~ <1> "' ~. ~. . ~ ~ ~ c;; 'S:: :z: ........ "11690 11SSC1 ~ A-1 ;. . DAVISHER SUB:; W 8()'28 ~ Hi " PROSPECT PARK PLACE WZ-8D-2 WZ-88-S' , PCD WZ.a4-1 WZ-88-12 NE 20 @ o 100 200 XJO 4CO fed MAP ADOPTED: June 15. 1994 Last Revision: September 10, 2001 I & J Colorado LLC 12100 W 44th Ave Wheat Ridge, CO 80033 7007 0220 0004 4827 9314 2220 Rand LLC 441 Donelson Pike 310 Nashville, TN 37214 7007 0220 0004 4827 9307 Legend Properties LLC 3650 Vance Ave 1 Wheat Ridge, CO 80033 7007 0220 0004 4827 9291 Hpt TA Properties Trust 400 Centre St Newton, MA 02458 7007 0220 0004 4827 9321 sap- tJ7 - () tj G ~ n:.-x' ~~~j c.: ::0 ~~ is 009 O'J ~ ~ "00 l8J - \51 w rn w ;2 @ 'l' @@ @ 0 @ @- , * @ ~ @ @ , @ u @ /Xi ;2 ~ => u II) rn M @ W W <l ....I :e @ @ .. .............................--.--.--.--.--.---. U- N @ 0 ..,: a. (0 ~ @ ~ @ II) --~ ... ----- ~ Z .............---. M ~ @ ~ CQ w => C z :iE II) "\ a:: 0 I <t N ..,: @ => 1 Cl II) \ a. 0 :I: w \r--- > ..~...................... (J) a:: 0f\ II) c - @ @ <t CQ ....I => 0 II) :I: (.) 2 @ ~ -- - " Z @ ~ U- W 0 J, 0 ....I :I: >- Ii' w CQ @ ~ a:: I- ....I <t ....I => @ ..,: w ~ II) a. a. U- 0 <l@ ;[@ @ w 0 @ 0 m @ 0- m w@ ~ N @ ~@ m @ M@ rn @ w ai to :J <l '" a: ~ ,.: " @ "@ b: II) u w "w ~ " " @ :; " "") II> W w :J :;; ~ @ @ 0- <l ~ ,~ \' ',,- ..~ ~- "l. , City of Wheat Ridge \ i Department of Public Works MEMORANDUM FROM: Meredith Reckert, Senior Planner Steve Nguyen, Engineering Manager ~ F)~(\~llm 5-31-0::j- U TO: CC: Tim Paranto, Director of Public Works Dave Brossman, Development Review Engineer DATE: Thursday, May 31, 2007 SUBJECT: Case No. SUP-07-04, Casino Transit at Howard Johnson Hotel, 12100 West 44th Avenue, Transfer of ownership Public Works has reviewed the above request and has no comment or concern at this time. We have assessed field conditions in the area of bus operation and completed the accident study before and after the approved use. I understand that the City approved this use in October 2000 and again in October 2003. Our review reveals that the data submitted with this SUP request indicates that the average increase of about 20% in ridership. The field conditions indicate that there is no infrastructure deficiency in the right of way as a result of the bus operation and its route. In addition, there is no indication of increase in accident frequency since the previous approvals of such use. In light of the above assessments, the Public Works has no concern of the continuing use or the transfer of ownership. Furthermore, the conditions of approval of the previous SUP shall remain effective as outlined in the Case No. SUP-03-06. We believe that these stipulations are necessary to effectively and safely maintain the operation even with the small incremental ridership increase as mentioned above. Please see me if you have questions regarding this memo. Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheal Ridge, Colorado 80033 303-235-2846 303-235-21157 (Fax) TO: Meredith Reckert, Case Manager FROM: Alan White, Executive Director aNJ Case No. SUP 07-04 RE: DATE: May 16, 2007 At a regular meeting of the Wheat Ridge Urban Renewal Authority on May 15,2007, the Authority reviewed this application and made the following finding: The proposed use is transitory in nature and not the primary use on the subject property. The proposed casino bus operation does not impact the West 44th AvenueIWard Road urban renewal plan. The continuation ofthe casino bus operation with the new owner of the hotel at this time does not seriously hinder the ability to redevelop the property in the future, either individually or in combination with adjacent properties, consistent with the goals of the West 44th AvenueIWard Road Redevelopment Plan. In order to facilitate possible future redevelopment, the Authority recommended that the SUP be a grant of use to the owners and not run with the land. \\srv-ci-cllg-002\users$\awhite\All Files\URA\44th Ward\SUP 07-04 Findings.doc WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM FROM: Sgt. P. Balafas Ofc. K. Eversole ~n TO: DATE: 052907 SUBJECT: Community Development Referral # SUP-07-04/Kim for Howard Johnson I have reviewed the transfer of ownership request for the casino buses. I do not believe that the change of ownership will affect our service of the property or business. F~1I Community"Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Community Development Referral Form Date: May 11, 2007 Response Due: May 25, 2007 The Wheat Ridge Community Development Department has received a request for approval of transfer of ownership for the bus casino transit special use permit at the Howard Johnson Hotel at 12100 West 44th Avenue. The applicant has indicated that no changes are proposed to the operation or ridership. Attached is a site plan, survey information on sample ridership and original conditions of approval. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP-07-04/Kim for Howard Johnson Request: Approval of a Special Use Permit with a site plan to allow a casino bus transit operation at 12100 W. 44th Avenue. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@cLwheatridge.co.us DISTRIBUTION: Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Urban Renewal Authority "The Carnation City" Site "The Carnation City" 2 1 vJ, 4'-1 -r-;+ A Vt;('JW:: <I "2. -7 , I, II I <",' "'-" ;jJ.. ~ ." 2 m~ r~ ~ "" mIl 4: eJ LOUl'lGE > v Arm RESTAURANT ., HOT~L TOWI!R " "l.{;J / \1 ~ \ ? 11..\'.s ~ -; 1 . .., d_'; \..', "" .,;. ," (' TABOR UJr:E - =- ~~ " ....- SITE PLAN -j-; -,I . . \-- . (1 '\6 .'_ , c 1 y ,- ~,~> y 7\ 1 .. :ll:.OUI1'-N - - I ~--- - ---- -- ------------- - 01101106 - 01107106 131 119 103 108 99 108 136 804 115 01108106 - 01114106 96 90 110 101 125 141 120 783 112 01115100.01121100 119 100 102 90 n 124 115 727 104 01122/06 - 01128106 88 111 108 116 100 120 111 754 108 01129106 - 02/04106 112 103 114 97 95 129 132 782 112 02/05106 . 02/11106 108 117 103 101 113 124 118 784 112 02/12/06.02/18106 108 87 132 71 68 88 92 646 92 02119106 - 02125106 116 118 104 89 109 116 149 801 114 02126106 - 03104106 98 118 125 118 107 105 119 790 113 03105/06 - 03111106 116 111 117 70 114 108 126 762 109 03/12100 - 03118106 8a 108 104 126 126 127 136 810 116 03119106 - 03125106 90 64 101 85 95 104 124 653 93 03126/06.04/01106 117 105 114 95 110 138 124 803 115 - 0410;2106 - U41l18/06 109 90 102 87 100 93 110 691 99 04109106 - 04115106 109 97 122 81 118 91 105 n3 103 04/16/06 . 04122106 106 87 108 94 107 129 105 736 105 04/23106 - 04129106 104- .'si- 125 91 112 114 129 762 109 04130106 - 05106106 114 101 134 85 104 118 129 785 112 05107106 . 05113106 121 78 126 73 99 108 127 732 105 05114106.05120106 100 70 108 76 116 126 131 727 104 05121106 - 05127106 107 63 116 66 79 117 116 664 95 05128/06 - 06103106 115 143 98 78 99 122 97 750 107 06t04106 - 06110106 101 112 135 87 104 112 111 762 109 06111106 - 06117106 110 84 130 91 99 124 139 777 111 00118100 - 06124106 103 87 114 8~ 102 123 124 738 105 06125106 - 07101106 94 94 122 78 111 110 133 742 106 07102106.07108106 126 142 149 85 98 113 113 826 118 07/09106 - 07115106 111 101 131 74 104 97 130 748 107 07116106 - 07122106 132 109 112 89 113 114 135 804 115 07l23to6 - 07129106 106 98 122 101 116 113 120 n6 111 07130106 - 08105106 107 102 145 102 105 129 129 819 117 08106106 . 08/12106 130 112 130 108 112 129 124 845 121 08113106 - 08119106 101 121 127 125 115 133 141 863 123 08/20/06 - 08126106 143 108 106 184 113 119 111 834 119 08127/06 - 09102106 109 124 112 135 109 118 140 847 121 09103/08 - 09/09106 143 165 118 100 124 131 124 805 129 09/10/06 - 09116/06 122 105 119 107 110 107 101 n1 110 ..O~117106 . 09123106 119 103 109 84 116 108 109 748 107 09124106 - 09130106 105 106 106 90 127 111 128 773 110 10101/06 -10/07106 116 94 120 86 125 111 113 765 109 10/08106 - 10114106 117 85 98 88 115 142 125 no 110 10115106 1012110S 103 119 66 90 106 121 139 746 107 10122106 -10128106 104 113 119 82 34 130 133 715 102 10121'1100 - 11104106 97 99 \19 81 118 12\1 137 760 109 11105106 . 11/1110S 119 108 110 89 43 107 111 687 98 11112/06 -11118106 90 66 77 91 95 113 134 688 98 -11/19106.11/26/06 104 90 97 112 100 101 131 735 105 11126106 - 12102106 121 65 71 20 76 109 96 578 83 12103108 - 12/09106 116 91 110 88 88 104 109 706 101 12/10106 . 12/16106 106 69 109 89 97 110 79 659 94 12117106 . 12/23I0S 74 85 107 0 0 0 89 355 51 12124106 - 12130106 70 79 108 117 22 21 118 535 76 1213112006 160 160 TOTAL ~JAN 3397 JULY 34M FEB 3025 AUG 3741 ~61lh -< MAR 3353 SEP 3455 Dailyavg. f y/>.GS -7 APR 3150 OCT 3291 YEAR 3890e 107 fI'Iolfirl MAY 3226 NOV 2948 Or\, JUN 3204 DEe 262 04(17/2007 07:58 13034670198 d. 'fERS:::>'-l 'P~ i'- eArL :\10 ~p. HOWARDJONH50N Hvt:::./l..Ac..-e PAGE 02102 Case No. SUP-07-04/Kim for Howard Johnson Conditions of approval for Case No. SUP-03-06 for 12100 W. 44th Avenue: 1. The special use shall be a grant of use to Moon Y oon and Bong Y oon until the time that the property is sold. The grant of special use cannot be inherited. 2. Casino bus parking shall not be allowed on adjacent public streets. 3. The idling of buses is subject to the City of Wheat Ridge nuisance regulations (Section 15-22; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. A maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. The casino bus loading/parking space remain marked or signed. 6. There be no increase in ridership or route frequency. Page 1 of 1 Meredith Reckert From: Margaret Paget Sent: Tuesday, April 17, 2007 2:28 PM To: Meredith Reckert Subject: re question of access to Tabor from 12215 W. 42 Ave. Follow Up Flag: Follow up Flag Status: Red Hi Meredith: FYI After several rounds of phone tag I was finally able to talk with Pam Olson re: access to Tabor Lake from 12215 W. 42 Ave. I told her the current status. The area is still closed to the public. The area closed due to a land slide in October '04 received some stabilization efforts in December of 2005 the contractor who completed the work was notified that the project was not completed to our satisfaction Spring ISummer 2006. This Public works project has yet to have any follow up work performed. When the fencing was redone a couple 4 or 5 years ago now a pedestrian size gate was included in that fence project to allow access to the trail and the Tabor Lake area directly from this property, so if and when the area is deemed safe and stabilized it will be reopened to all. Just an aside we are working on purchasing a parcel at the northwest corner of Tabor Lake off Van Gordon where there has been greenhouse production for years. We are unsure what exactly what will ultimately be done with this land most likely it will be a trailhead or parking area and possibly this parcel will allow us to reroute the trail around this problem spot or at least make it a bit more safe. Margaret Paget Open Space Coordinator City of Wheat Ridge Parks Forestry and Open Space Division 9110 W. 44th Ave. Wheat Ridge, CO 80033 moaqet@ci.wheatridqe.co.us 303 205 7554 fax 303 467 5901 4/24/2007 Page 1 ofl Meredith Reckert From: Meredith Reckert Sent: Thursday, April 05, 2007 9:51 AM To: Margaret Paget Subject: Tabor lake questions Hi, Margaret- On Tuesday evening at a neighborhood meeting regarding the hotel at 44th and Van Gordon, an area resident was asking about Tabor Lake and the erosion on the western side. The resident name is Pam Olson who lives at 12215 W. 42ne Avenue (new owners). Pam did not leave her phone number but I looked it up on Dex and came up with the following: 303-420-7266 and 303-456-5595 Could you try calling her? I would appreciate it. If the phone numbers aren't right, don't worry about it. Thanks- Mere Meredith Reckert, AlCP Senior Planner Wheat Ridge Community Development Department Telephone: 303.235.2848 FAX: 303.235.2857 4/5/2007 04/17/2007 07:58 13034670198 HOWARDJONHSON PAGE 01/02 where yotA feel at home~" HOWARD JOHNSON DENVER WEsr 12100 WEST 44TH AVE. WHEAT RIDGE CO 80033 TEL-303-467-2400 FAX 303-467-0198 E-MAIL howardjohnsondenvelWest@vahoo.com FAX COVER SHEET . Easy Access to 1-70 exit 266 . Downtown Denver - 7 minutes . ROCky Mountain Recreation: Winter Park, Vail, Aspen, Breckenridge, etc. . Federal Center . Coors Brewery & Tours . Denver West Office Park . Denver West Village Shopping Mall . Heritage Square-Alpine slide . Bandimere Speedway . Six Flag Elitch Garden . Lakeview with walking trail T#> %Pt?I?7II?c-~(;"..f' Reallocation Fax # ~",-;; 2-~r "'~'1 DATE tf--///j/<>7 # OF pages 2- From S-r~,;;- kifl?' Message: r ji;1J1e atfw( ~ (~Ob SERVICE & LOCATION . Meeting room facilities . Fitness Center with Hot tub . Guest laundry room on property . Cable 1V/HBO . Restaurant and Lounge on property . Microwave/Refrigerator . Free Wireless Internet Access . Ample parking & RV parking . C<lsino Shuttle Bus 7!/-;tIJ1f J Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Tuesday, April 24, 2007 8:56 AM To: 'John Hayes' Subject: Casino bus Hi, John- Steve Kim faxed over some Info regarding traffic counts for the casino bus operation at the Howard Johnson. Since you have held your neighborhood meeting, the SUP application can be submitted at anytime. Let me know if you need further clarification. Meredith Meredith Reckert, A1CP Senior Planner Wheat Ridge Community Development Department Telephone: 303.235.2848 FAX: 303.235.2857 4/24/2007 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031 235-2846 Fax: 303/235-2857 The City of W"heat Ridge Date: Apri13,2007 City Staff Present: Meredith Reckert Location of meeting: Second Floor Conference Room, Wheat Ridge Municipal Building, 7500 W. 29th Avenue Property address: 12100 W. 44th Avenue Property owners: Jenam and Sang Kim Property Owner(s) present? Yes Applicant representatives: John Hayes (property owner's attorney) Existing Zoning: Commercial-One Comprehensive Plan Designation: Community Commercial Center Existing Uselsite conditions: The property in question is 2.88 acres in size and has 50' high hotel structure on it built in 1985. The property has frontages on W. 44th Avenue (north side) and Van Gordon Street (south side). The property was recently purchased and changed from a Quality Inn hotel to a Howard Johnson hotel. There is an existing Special Use Permit in place for a casino bus operation that utilizes the hotel lobby and parking lot for their pick -up and drop-off service to the casinos in Black Hawk and Central City. The Special Use Permit was originally granted in 2000 to the then property owner as a specific grant of use. A renewal was processed in 2003 as the property was purchased by a new party. Because the SUP was specific to the property owner and did not "run" with the land, the property conveyance required processing of a new special use for the new property owner. The property has once again been sold. In order for the casino bus operation to continue, a new Special Use Permit review is required. Applicant's Proposal: The applicant intends on continuing the casino transportation service out of the property. There would be no changes to operation. The routing pattern would continue to allow buses traveling east on 44th to turn south on Van Gordon and enter the site, stop and pick up passengers on the west side of the structure and exit north on Van Gordon to 44th Avenue. The following issues were discussed regarding the SUP request: . Is this a new operation? No, the bus service for the mountain town casinos has been operating from this location since 2001. This application is only for a change of ownership. . Are any changes proposed to the building or site? There will be no site or building modifications. . How often will buses enter and exit the site? There will be one bus coming into the site per hour, . Will this facility be tied into other casino bus facilities? Yes, it is coordinated with other casino bus stops in the metropolitan area. . If the property is sold will the bus operation be permitted to continue? Since this permit will be issued to the property owner, upon sale of the property the new owner would have to reapply for a new Special use Permit. . How will pollution from the buses be mitigated? One of the conditions of approval will relate to the idling of buses and the City's nuisance code (Section 15-22; Offensive Discharges) which limits the idling of diesel engines to a maximum duration of 15 minutes. . What if the conditions of issuance are violated? !fit is verified that the conditions of approval are being violated, the SUP can be revoked. The four area residents in attendance did not realize that the operation was already occurring and were under the assumption that this was a new operation. They had no major problems with the proposed SUP. 2 (On Howard Johnson stationery) CITY OF WHEAT RlGHE NOTICE OF NEIGHBORHOOD INPUT MEETING I & J Colorado, a Colorado limited liability company is proposing a Special Use Permit on property located at 12100 West 44'" Avenue, Wheat Ridge, Colorado 80033. A neighborhood meeting will be held on April 3, 2007 commencing at 6:00 p.m. in the second floor police training room at the Wheat Ridge City Hall, 7500 West 29'" Avenue, Wheat Ridge, Colorado 80033. The purpose of the request is to allow parking of vehicles for passenger pick-up and drop-off for commercial bus service between Wheat Ridge and the Towns of Black Hawk and Central City. The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property and for Special Use Permits an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in from of the planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: Is the proposal compatible with surrounding lands uses and zoning? Are there adequate utilities and services in place or proposed to serve the project? What is the impact on our streets? How will this proposal affect my property? Where will the storm drainage go? How will the project be designed to enhance rather than detract from the neighborhood? What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at 303-235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29th Avenue Wheat Ridge, Colorado 80033 *------~-------------------~-: MetroScan Owner ,Ehley Charles D Site ,4350 Vivian St Wheat Ridge 80033 Mail :2364 S Acoma St Denver Co 80223 Use :1112 Res/Improved Land Bedrm, 2 Bath,1.00 TotRm, / Jefferson (CO) Parcel Xfered Price Phone BldgSF,866 :--------~-------* ,042706 ,11/03/2003 ,$177,250 *----------------~-----------: YB,1955 Pool, MetroScan I Jefferson (CO) Parcel Xfered Price Phone BldgSF,1,355 Ac, .40 :---------------~* Owner :Tomassetti Gabriel Site :4280 Vivian St Wheat Ridge Mail ,4270 Vivian St Wheat Ridge Use :1112 Res/Improved Land Bedrm, 3 Bath,1.75 TotRm, 80033 Co 80033 ,042734 ,04/18/1984 Ac, *----------------------------. :-------------~--* Ac: Owner :Tomassetti Gabriel Site ,4280 Vivian St Wheat Ridge Mail ,4270 Vivian St Wheat Ridge Use :1112 Res/Improved Land Bedrm, 1 Bath,1.75 TotRm, 80033 Co 80033 ,042734 ,04/18/1984 *-------------------------~--: :--------------~-* Owner :0180n pammie L Site ,12215 W 42nd Ave Wheat Ridge 80033 Mail ,10573 Grove Ct Westminster Co 80031 Use :1112 Res/Improved Land Bedrm, 3 Bath,1.00 TotRm, ,042770 ,12/27/2006 ,$255,000 *----------------------------: YB,1958 PooL MetroScan I Jefferson (CO) Parcel Xfered Price Phone BldgSF,682 ,043572 : 11/06/2001 Owner ,Ihle Mary L Et Al Site ,12301 W 44th Ave Wheat Ridge 80033 Mail ,6662 Xenon Dr Arvada Co 80004 Use ,2112 Com,Improved Land Bedrm, Bath, TotRm, 1 YB,1975 Pool, *----------------------------, MetroScan I Jefferson (CO) Owner :Bonger Wayne B Parcel Site ,4340 Vivian St Wheat Ridge 80033 Xfered Mail ,1776 Jay St Lakewood Co 80214 Price Use :1112 Res,Improved Land Phone Bedrm, 2 Bath,1.00 TotRm, YB,1955 Pool, BldgSF,781 Ac,.38 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :public Storage Inc Parcel :043600 Site ,11901 W 44th Ave Wheat Ridge 80033 Xfered ,06/21/2001 Mail ,PO Box 25025 Glendale Ca 91221 Price Use :5178 Misc/Residential/Mixed Use Land Phone Bedrm, Bath, TotRm, 10 YB,1980 Pool, BldgSF:99,110 Ac,4.75 *----------------------------: MetroScan / Jefferson (CO) :-------------~--* Owner :11808 W 44th Llc Parcel ,043606 Site ,11880 W 44th Ave Wheat Ridge 80033 Xfered ,09/17/1998 Mail ,11808 W 44th Ave Wheat Ridge Co 80033 Price Use :2111 Vacant/Commercial Phone Bedrm, Bath, TotRm, YB, Pool, BldgSF, Ac .45 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Anderson Curtis A Parcel :043638 Site ,4330 Vivian St Wheat Ridge 80033 Xfered ,11/21/2001 Mail ,4330 Vivian St Wheat Ridge Co 80033 Price Use ,1112 Res,Improved Land Phone Bedrm,2 Bath,1.00 TotRm, YB,1955 Pool, BldgSF,886 Ac, .40 *----------------------------, MetroScan I Jefferson (CO) ,----------------* Owner 'Krieg Gary W Parcel ,043670 Site ,4320 Vivian St Wheat Ridge 80033 Xfered :09/22/1989 Mail ,4320 Vivian St Wheat Ridge Co 80033 Price :$57,000 Use :1112 Res/Improved Land Phone Bedrm,2 Bath:1.00 TotRm, YB,1956 Pool, BldgSF,876 Ac, *----------------------------, MetroScan I Jefferson (CO) ,----------------* Owner ,2220 Rand Llc Parcel ,043681 Site ,11900 W 44th Ave Wheat Ridge 80033 Xfered ,08/01/1998 Mail ,11930 W 44th Ave #200 Wheat Ridge Co 80033 Price ,$2,000,000 Use :3112 Ind, Improved Land Phone Bedrm, Bath, TotRm:1 YB,1983 Pool, BldgSF,48,695 Ac,.32 :----------------* ,043584 ,09/21/1979 AC,2.28 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of infonnation contained in this report. *----------------------------: MetroScan / Owner :Department Of Transportation Site :11875 W 44th Ave Wheat Ridge 80033 Mail :4201 E Arkansas Ave Denver Co 80222 Use :9149 Exempt/Political Sub/Land Bedrm: Bath: TotRm: YB: *----------------------------: MetroScan / Owner :Cunningham Ronald L Site :12200 W 44th Ave Wheat Mail :12200 W 44th Ave Wheat Use :1112 Res, Improved Land Bedrm:5 Bath:2.50 TotRm: Jefferson (CO) :----------------* Parcel :043721 Xfered :08/24/2005 Price :$274,000 Phone :303-757-9331 BldgSF: Ac: .98 :----------------* Ridge 80033 Ridge Co 80033 :043728 :09/15/1998 :$300,000 Ac:1.37 *----------------------------: :----------------* Owner :Wilson Gary L Site :4315 Van Gordon St Wheat Ridge 80033 Mail :1362 Old Squaw Pass Rd Evergreen Co 80439 Use :4180 Agr,Agri-business Land Bedrm: Bath: TotRm: YB: *----------------------------: MetroScan / Owner :11808 W 44th LIe Site :11808 W 44th Ave Wheat Mail :11808 W 44th Ave Wheat Use :2111 Vacant, Commercial Bedrm: Bath: TotRm: *----------------------------: :043729 :01/01/1991 Ac:1.25 :----------------* Ridge 80033 Ridge Co 80033 :043737 :09/17/1998 80033 Co 80033 Pool: Jefferson (CO) Parcel Xfered Price Phone BldgSF: 837 Ac:2.67 YB: MetroScan / :----------------* Owner :Tomassetti Gabriel Site :4270 Vivian St Wheat Ridge Mail :4270 Vivian St Wheat Ridge Use :1112 Res,Improved Land Bedrm:2 Bath:l.00 TotRm: :043777 :04/26/1984 :$150,000 Ac: .62 *----------------------------; Owner :2220 Rand LIe Site :12000 W 44th Ave Wheat Mail :441 Donelson pike #310 Use :2112 Com/Improved Land Bedrm: Bath: TotRm:l YB:2000 Pool: *----------------------------: MetroScan / Jefferson (CO) Owner :I/C Ents Inc Parcel Site :12100 W 44th Ave Wheat Ridge 80033 Xfered Mail :12100 W 44th Ave Wheat Ridge Co 80033 Price Use :5179 Misc,Commercial/Mixed Use Land Phone Bedrm: Bath: TotRm:l YB:1985 Pool: BldgSF:57,308 Ac:2.87 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Vonbrehm George Parcel :043911 Site :4305 Tabor St Wheat Ridge 80033 Xfered :05/01/2006 Mail :4305 Tabor St Wheat Ridge Co 80033 Price Use :1112 Res, Improved Land Phone :303-422-0633 Bedrm:3 Bath:l.00 TotRm: YB:1951 Pool: BldgSF:l,164 Ac: .60 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Beccera Abner 8 Parcel :065692 Site :12280 W 44th Ave Wheat Ridge 80033 Xfered Mail :9699 W 75th Ave Arvada Co 80005 Price Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:l YB:1966 Pool: BldgSF:3,574 Ac:.75 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Ta Operating Corporation Parcel :096705 Site :12151 W 44th Ave Wheat Ridge 80033 Xfered :01/19/2001 Mail :24601 Center Ridge Rd #300 Westlake Oh 44145 Price Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:2 YB:1973 Pool: BldgSF:22,875 Ac:l3.15 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Silz Heinz N Parcel :110028 Site :11801 W 44th Ave Wheat Ridge 80033 Xfered :03/30/1987 Mail :15745 Us Highway 34 Fort Morgan Co 80701 Price :$125,000 Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:l YB:1991 Pool: BldgSF:17,850 :----------------* Ridge 80033 Nashville Tn 37214 :043882 :01/04/1999 :$300,000 Full AC:l.Ol :----------------* :043887 :02/05/2007 :$2,750,000 Ac: .85 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. *----------~-----------------: MetroScan / Jefferson Owner :Legend Properties Llc Site :12150 W 44th Ave Wheat Ridge 80033 Mail :3650 Vance St #1 Wheat Ridge Co 80033 Use :3112 Ind/Improved Land Bedrm: Bath: TotRm:2 YB:1999 Pool: *____________________________: MetroScan / Jefferson (CO) Owner :Notch Patrick J Parcel Site :12190 W 44th Ave Wheat Ridge 80033 Xfered Mail :16550 Wild Plum Cir Morrison Co 80465 Price Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:1 YB:1975 Pool: BldgSF:2,332 Ac: .54 *____________________________: MetroScan / Jefferson (CO) :----------------* Owner :public Storage Euro Partnership vii Ltd Parcel :136582 Site :12351 W 44th Ave Wheat Ridge 80033 Xfered :02/27/1984 Mail :PO Box 25025 Glendale Ca 91221 Price Use :5178 Misc/Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:6 YB:1984 Pool: BldgSF:49,018 Ac:2.15 *____________________________: MetroScan / Jefferson (CO) :----------------* Owner :City Of Wheat Ridge Parcel :205172 Site :4201 Tabor St Wheat Ridge 80033 Xfered :12/12/2000 Mail :7500 W 29th Ave Wheat Ridge Co 80215 Price Use :9149 Exempt/Political Sub, Land Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: (CO) Parcel Xfered Price Phone B1dgSF:48,978 :----------------* : 110029 :10/28/1997 Ac:2.68 :----------------* :110030 :09/26/1996 :$500,000 Full AC:40.80 Information compiledfrom various sources. 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DENOTES MULTIPLE ADDRESSES @ ,.--:'] 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) o 100 200 XXJ 400 feel DEPARTMENT OF PLANNING AND DEVELOPMENT MAP ADOPTED: June 15. 1994 Last Revision: September 10, 2001 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge March 6, 2007 John Hayes Hayes, Phillip, Hoffmann & Carberry, P.C. 1350 Seventeenth Street, Suite 450 Denver, Colorado 80202-1576 Dear John: I have received your letter dated March 5, 2007 concerning a possible conflict of interest involving a certain Special Use Permit (SUP) application we are processing. The property involved in the SUP application is located in the West 44th Avenue/Ward Road Urban Renewal Area. Your firm currently represents the Wheat Ridge Urban Renewal Authority. There currently are no urban renewal projects or activities occurring in the Urban Renewal Area which would impact or be impacted by the SUP application. Therefore, I will waive any potential conflict of interest your or your firm may have regarding this application. Sincerely, t?~~~ Alan C. White, AICP Community Development Director to. HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.c. 1350 Seventeenth Street, Suite 450 Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 John E. Hayes Corey Y. Hoffmann Kendra L. Carberry Fairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO 80440 Telephone: 719-836-9005 Facsimile: 719-836-9010 Hilary Mogue Graham Jefferson H. Parker Gregory D. Graham Charissa A. Eckhout Of Counsel Herbert C. Phillips March 5, 2007 Alan White Community Development Department City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Re: Representation of Owner of Property within Urban Renewal Area Dear Alan: Confirming our recent telephone conversation, I am asking for you to give consideration to waiving any potential conflict of interest that may affect this law firm by reason of our representation ofMr. Steve Kim, owner of the Howard Johnson Denver West property at 12100 West 44th Avenue in Wheat Ridge. It is my understanding that this property is located within a designated Urban Renewal Area. As you and we are fully aware, my partner Corey Hoffmann and this firm represent the Wheat Ridge Urban Renewal Authority as General Counsel. My proposed representation of Mr. Kim relates to the re-issuance of a Special Use Permit to allow the property to be utilized as a point of pick-up for tourist buses operated between the Denver Metro Area and the Gilpin County casinos. I represented the previous owner of this property in obtaining such a permit several years ago. Since no action anticipated relating to the Special Use Permit would be in conflict with any urban renewal plans presently formnlated, I ask that you waive any potential conflict so that I may aid Mr. Kim in seeking the re-issuance of the Special Use Permit described above. 3/5/07 CIDOCUMENTS AND SEITINGSIAWHITEILOCAL SEITINGSlTEMPORARY INTERNET FILESIOLKI92lALAN WHITE LOl.DOC March 5, 2007 Page 2 Thank you for your consideration of this request, and please do not hesitate to contact me if you have any questions or comments. Very truly yours, /L 2 J5---- John E. Hayes iehaves@hphclaw.com xc. Corey Y. Hoffmann, Esq. 3/5/07 CIDOCUMENTS AND SEITINGSIAWHITElLOCAL SEITINGSITEMPORARY INTERNET FILESIOLKI92IALAN WHITE LO/.DOC City of Wheat Ridge Community Development Department Memorandum "'~x "'H[~7 "'/ '- 0 - '" " '" COLOR/>.<;,o TO: FROM: SUBJECT: DATE: Moon Y oon and Bong Y oon Alan White, Director of Community Development Case No. SUP-03-06 October 14, 2003 Case No. SUP-03-06 is an application by Moon Y oon and Bong Y oon requesting approval of an administrative special use permit to allow casino bus drop-off and pick-up on Commercial-One zoned property located at 12100 W. 44th Avenue. Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, without requirement for a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten (10) days, 3. No written objections have been received in such ten-day period; 4. The Community Development Director conciudes that the criteria for approval, as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. The Community Development Director shall also decide the following: 1. Whether the SUP runs with the land in perpetuity; or, 2. Whether the SUP is personal to the applicant and mayor may not be inherited; and lor, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. FINDINGS OF FACT: 1. A prior special use permit for the casino transit operation was approved pursuant to Case No. SUP-OO-Ol. 2. The prior special use permit was granted to Bart Mac Gillivray as a personal grant of use. 3. The property ownership has changed which has resulted in termination ofthe previous special use permit. 4. The property was posted in the minimum required 10 days. 5. Adjacent property owners were notified by certified mail. 6. No written objections were received. 7. The applicants, Moon Y oon and Bong Y oon, have the ability to continuously meet the conditions of the special use permit as no operational changes are proposed, 8. There is adequate street infrastructure to handle the operation. 9. There was no indication of an increase in accident frequency since the original special use approval. 10. The proposed special use will not have a detrimental effect upon the general public health, welfare, and safety. II. The proposed special use will not adversely affect the light and air to adjacent properties. This request for an administrative special use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. Staff has not received written comments in opposition to this request from the adjacent property owners. Therefore, Case No. SUP-03-06 is hereby APPROVED with the following conditions: I. The special use shall be a grant of use to Moon Y oon and Bong Y oon until the time that the property is sold, The grant of special use cannot be inherited. 2, Casino bus parking shall not be allowed on adjacent public streets. 3. The idling of buses is subject to the City of Wheat Ridge nuisance regulations (Section 15-22; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. A maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. The casino bus loading/parking space remain marked or signed. 6. There be no increase in ridership or route frequency. Community Development Director Date Wheat Ridge Community Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: February 15, 2007 Attending Applicant(s): John Hayes Sang Kim Address/Phone: Suite 450, The Market Center 1 350 17th Street Denver, CO 80202 12100 W. 44th Ave Wheat Ridge, CO 80033 Attending Staff: Meredith Reckert - Senior Planner Adam Tietz - Planner I Steve Nguyen - Engineering Manager Address or Specific Site Location: Howard Johnson Hotel 12100 W. 44th Avenue Wheat Ridge, CO 80033 Existing Zoning: Commercial One, C-1 Existing Compo Plan: Community Commercial Center Applicant/Owner Preliminary Proposal: Renewal of a Special Use Permit for operation of casino bus drop-off and pick-up at the Howard Johnson property due to new ownership. No changes in service, number of buses hours of operation or frequency of bus trips is anticipated. Customers will park their cars on site and are picked up and dropped off by regularly scheduled buses traveling between the Howard Johnson Hotel and the casinos located in Black Hawk and Central City. Customers purchase tickets for transit to the casinos from the bus driver at the time of boarding the bus. Customer parking is limited to only certain areas of the Howard Johnson parking lot and all drop-offs and pick-ups are limited to a specific area of the parking lot. The buses run on a regular hourly schedule. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood meeting will be required for a Special Use Permit. Planning comments: The request will require a special use permit. The first step in the Special Use Permit process began with the pre-application meeting on February 15, 2007. The second step required by the Community Development Department will be to conduct a neighborhood meeting. For this meeting, the applicant must inform all property owners within a 600 foot radius of the property via mail or hand delivery of the meeting. The Community Development Department will supply the applicant with a list of the all property owners within the 600 foot radius. A sample of this letter can be found in the pre-application meeting packet and can be used as a template. However, changes to the letter should be made to suit the applicant, including the letterhead. The meeting should be coordinated with the assigned staff member who will also review the notification letter for content. A fee of $100 is required for staff to be present at this meeting. Meetings can be held at city hall or any location the applicant desires. All costs associated with meeting, its location, and mailings will be paid by the applicant. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit their application for the request. Upon the submittal of the application for the Special Use Permit, the application will be reviewed by the case manager and sent to outside agencies for review. A 15 day time period is given for the agencies to respond with and corrections or revisions to the application. Once the review of the application is complete, the property must be posted for a minimum of 10 consecutive days. If no legitimate complaints are received regarding the request within the 10 day period the application for a Special Use Permit will be reviewed administratively, If a complaint is received by the Community Development Department, then the request for the Special Use Permit will be decided upon at a public hearing before the City Council. If the application is reviewed administratively and denied, the applicant can be appeal the decision to the City Council. If a hearing before City Council is required for any reason, staff will present evidence to recommend the approval, approval with conditions, or denial of the Special Use Permit. The public will also be allowed to present evidence or give testimony in support or in opposition of the project. The City Council will approve, approve with conditions, or deny the project based on the testimonies given by staff, applicant and the public. Public Works comments: Public Works will review accident reports and traffic counts in the area to determine if determine if either a traffic letter or a traffic study will be required as condition for the new Special Use Permit. Building comments: Building Department not present at the meeting. Comments will be made upon application submittal. Streetscape 1 Architectural Design comments: N/A Attachments: pre-application transmittal sheet, Special Use Permit packet Phone Numbers Meredith Reckert - Senior Planner Travis Crane - Planner II Adam Tietz - Planner I Chad Root - Building Official Dave Brossman - Development Review Engineer 303-235-2848 303-235-2849 303-235-2845 303-235-2853 303-235-2864 II HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.c. Anorneys at Law Suite 450, The Market Center 1350 Seventeenth Street Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 E-mail: jehayes@hphcJaw.com John E. Hayes Herbert C. Phillips Corey Y. Hoffinann Kendra L. Carberry Kristy M. Hartl Hilary Mogue Graham September 8, 2003 Meredith Reckert, Senior Planner Department of Community Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Quality Inn Special Use Permit' Dear Meredith: As you know, this firm represents Bart McGillivray, former owner, and Bong Ok Yoon and Moon Hwan Yoon, current owners, of the Quality Inn at 12100 W. 44th Avenue in Wheat Ridge. Mr. McGillivray was issued a Special Use Permit for a casino bus drop-off and pick-up at the Quality Inn property by Ordinance No. 1209, Series 2000 adopted by the Wheat Ridge City Council on October 9, 2000. Enclosed with this letter is the Land Use Case Processing Application executed by the Yoons to have that prior approval continued under their property ownership. For purposes of compliance with the information requirements the City has established for purposes of its pre-application meeting (which is scheduled for Thursday, September 18, 2003 at 2:30 p.m.), the Yoons wold ask that you refer to the information contained in the file the City compiled in connection with Mr. McGillivray's previous application, specifically including the "to scale" site plan for the property. In the event you don not continue to maintain that file, I enclose a "Site Plan" that was previously marked with the desigoation "Exhibit 8." There has been no change in the property configuration since that previous information was submitted to and acted up by the City. The written narrative of the proposed project follows. The purpose of the original Special Use permit was to allow for use of the Quality Inn property as a casino bus drop-off and pick-up point. Customers park their cars on the Quality Inn site and are picked up and dropped off by regularly scheduled busses traveling between the 918103 IWTSERVERISYSIIUSERS.MCGIWVRA l'IJ1'R APP LOI.DOC September 8, 2003 . Page 2 Quality Inn site and the municipalities of Black Hawk and Central City. The busses are operated by People's Choice. The busses run on a regular hourly schedule. Parking of private vehicles is limited to specific areas of the Quality Inn parking lot, and all pick-ups and drop-offs are likewise confined to specific areas of the parking lot. The original Special Use Permit was limited by its terms to the period during which the property was under the ownership of Bart McGillivray. Mr. McGillivray has sold the property, effective August 19, 2003, to Mr. and Mrs. Yoon (see attached executed Warranty Deed [the original recorded deed has not been returned to Mr. McGillivray as of this time)), who desire to continue the current pick-up and drop-off operation without modification. They anticipate no increase in traffic or number of users of the service as a result of their acquisition of the property. Mr. and Mrs. Yoon understand, agree to and are wi1ling to abide by the conditions imposed by the City Council in Ordinance 1209, Series 2000 (copy attached). Enclosed with this application is check No. 6584 drawn on the account of Bart Mac Corporation dba Quality Inn at Tabor Lake payable to the City of Wheat Ridge in the amount of . $1,100,00, which is the amount the applicants understand to be the total fee due for this application. Please advise me if there is anything that is required for this application that is not included within this submission. We look forward to meeting with you and other staff, as you deem necessary, on Thursday September 18, 2003 at 2:30 p.m. in your office at the Wheat Ridge City Hall. vei(?s,~ /ohn E.' Hayes - r----- Ene!. xc. Bart McGillivray 9/M)3 IINTSERVER'SYS/IUSERSMCG/WVRAY.WR APP UI/.DOC City of Wheat Ridge Community Development Department Memorandum TO: Steve Nguyen FROM: ~redith Reckert SUBJECT: Case No. SUP-03-06 DATE: September 22, 2003 Case No. SUP-03-06 is a request for a transfer of ownership for the bus casino transit special use permit at the Quality Inn at 12100 West 44th Avenue. The applicant has indicated that no changes are proposed to operation or ridership. Attached is a letter of explanation, site plan, bus schedule, and survey information on sample ridership and original conditions of approval. This application is following our new processing procedure for special uses in that adjacent owners are notified and the property is posted for ten days. If no legitimate objections are received, the special use permit can be approved administratively. The ten-day period starts tomorrow. Please let me know if you need anything else. W. 4 Lj TH- A~NW::- 1 </ Ii I I I ? <l: > > LOUNGE AMi> REST^URANT , HOT~L TOWI!R ~\ \ l. '5 !--\. ,. G ~-.; EXHIBIT B ~ <), ?-" ~ - ".. SITE PLAN ! '* . \:)6 \. '? '.l 1 Y " ~,(; y 7\ .. 3C.oIUJ ,"..... TABOR Ul'J . ....- '1.12 / ~ The City of 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Wheat Ridge Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, /)jjI%-lIl;/ffJ (Print name) ,as ~tf'X#t- /lj.#)/)j6-cJJ'f/ (Position/Job Title) of/with 7-!oaJfttL? hM50# !JM~4 . (Entity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for .5j>c-(','/'ft- q:c:? 1)&n/;?/r-- (describe type ofappiication) , set for public hearing on , 200_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by 9 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the -Property subject to the above referenced application. [2(/ Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this f!#.ayof fI( JI , 200 01 /' By: LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) APPlican~&.::::J c..", L..6 ~ () () City ;,,2 ~-r ~//) r-. LLc. Address I :2-(1.S't> State r: u W ,4411} ~lJv1>hone ~03 ~,/~;2 Vb Zip cY-60 '3? Fax.3? 1- 0 'I&-' cU. C/C7-7? 40-:- Zip ~ 33> Phone Fax '> Owner i i;z;!:z ~~";-;/l-A/{) Ctty :.1/ t."- . / ;;. U-C Address / /-! 07> State ('.-,CJ Contact .. .5 1/77 Address /;2.(1/Z> K.J, W7W A{/~ Phone ;;?r,?b >1/ City :?rJ/h-;;4-;r 'jl)&-&- State f'ti:. Zip~3? Fax. 0 (The person listed as contact will be contacted to answer questions regar mg this application, provide additional information w en necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of reqnest (address): Type of action reqnested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side o Change of zone or zone conditions ~pecial Use Permit o Consolidation Plat 0 Subdivision: Minor (5 lots or less) o Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots) o Lot Line Adjustment 0 Right of Way Vacation o Planned Building Group 0 Temporary Use, Building, Sign o Site Development Plan approval 0 Variance/Waiver (from Section o Other: ) Detailed description of request: C/4;;/~o ,$Z{ s *F PI< p P A'l-/V l/ ;l?/ (Pj<:" UjD f I' Reqnired information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent ofthose persons listed above, without whose consent the requested action cannot lawfull omplished. Applicants other than owners must submit power-of-attorney from the owner which \ll<lA?' action on his behalf. /" ",~.,.. ....~~ Signature of Applicant ~:- A~' ,:> Subscribed a 0 me tHit IlJA-Y - / ' .tta . Pubh ommission expires V -j ~ t5 /6 To be filled out by staff: Date received 5/1 !u7 Camp Plan Desig. Related Case No. ~Ci' C~> Fee $ . C Rece"l' t No. Zoning -c - , Pre-App Mtg. Date .~//.-;../ (; 7 CaseNo ,<)t.c/2-cJ7-(Y! Quarter Section M';l' /() /?;;z. 0 Case Manager A__e ,-/-~-,-rr-- Case No.: lsuP0704 Quarter Section Map No.: INE2ll App: Last Name: II & J Colorado, LLC Related Cases: I App: First Name: Ic/o S. Kim Case History: SUP to allow casino bus Owner: Last Name: II & J Colorado, LLC dropoff & pickup. . . Owner: First Name: Ic/o S. Kim App Address: 112100 W. 44th Ave. Review Body: IAdm. City, State Zip: !wheat Ridge, CO 80033 App: Phone: 1303-467-2400 APN: jJ9-201-09-001 Owner Address: Isame 2nd Review Body: I City/State/Zip: I 2nd Review Date: I Owner Phone: Isame Decision-making Body: I Project Address: 112100 Approval/Denial Date: I Street Name: fwest 44th Avenue CitylState, Zip: !wheat Ridge, CO 80033 ResolOrdinance No.: I Case Disposition: Conditions of Approval: Project Planner: File Location: Notes: Follow-Up: IRecker! IActive District: IIV Date Received: ~5/4/2007 Pre-App Date: 12/15/07 CITY OF WHEAT RIDGE 05/11/07 9:30 AM <db Howard Johnson RECEIPT NO:C023563 FMSD ZONING APPLICATION F zone AMOUNT 600.00 PAYMENT RECEIVED CK 1228 TOTAL AMOUNT 600.00 600.00 ----------------------------------------