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Home My WebLink AboutSUP-07-01 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 The City of Wheat Ridge March 5, 2007 Andy Olree Design Edge 482 S. Broadway Denver, CO 80209 Dear Mr. Olree: At its meeting of February 26,2007, City Council APPROVED Case No. SUP-07-01, a request for approval of a special use permit to allow for a drive through facility located at 4975 Kipling Street for the following reasons: I. The drive through facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 2. The drive through facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. With the following condition: I. The grant of use shall be for the property and may be inherited. City Council also APPROVED Case No. W A-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.5-foot front yard setback for property located at 4975 Kipling Street for the following reasons: I. The hardship has not been created by the applicant, but rather is a product of dual frontage adjacent to right-of-way. Complying with the 50 foot front yard setback would greatly compromise the site layout and could severely impact required parking stalls. 2. The building will actually be located approximately 42 feet from the edge of Kipling Street. The presence of excess right-of-way gives the appearance of a greater front yard setback. 3. The building location will not affect the site distance triangle at West 50th Avenue and Kipling Street. 4. The request will not have a detrimental effect on air or light to adjacent properties. Enclosed is a draft copy of the minutes stating the Council's decision. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, ?f:dL4~ Ka;;;;:'~ v Administrative Assistant Enclosure: Draft of Minutes cc: Quail Creek Investors 5460 S. Quebec St., #100 Greenwood Village, CO 80111 Guaranty Bank fir Tn,,! C:o 5025 Kipling St. Arvada, CO 80033 SUP-07-01 & WA-07-02 (case files) c:\...\My Documents\Kathy\PCRPTS\PLANGCOM\CORRESP\2007\SUP070 I &W A0702 CITY COUNCIL MINUTES: February 26, 2007 Page-2- Consent Agenda was introduced and read by Mr. Womble. Motion by Mr. Womble for approval of the Consent Agenda; seconded by Mrs. Sang; carried 7-1, with Mr. Gokey voting No. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on a Request for a Special Use Permit and Front Setback Variance for property located at 4975 Kipling Street. (Case No. SUP-07-01 & WA-07-02/Quail) ~ Mayor DiTullio opened the public hearing. Item 2 was introduced by Council Member Rotola. DRP\FT Travis Crane presented the staff report. Andy O/ree, representing the Architects of the site, spoke in favor of the case and was on-hand for questions from Council. Mayor DiTullio closed the public hearing. Special Use Permit Motion by Mrs. Rotola to approve Case No. SUP-07-01, a request for approval of a special use permit to allow for a drive through faCility located at 4975 Kipling Street, for the following reasons: 1. The drive through facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 2. The drive through facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. With the following condition: 1. The grant of use shall be for the property and may be inherited. Seconded by Mr. Womble; carried 8-0. CITY COUNCIL MINUTES: February 26, 2007 Page-3- Variance Motion by Mrs. Rotola to approve Case No. WA-07-02, a request for approval of a 29.4- foot front yard setback variance, resulting in a 20.6-foot front yard setback for property located at 4975 Kipling Street, for the following reasons: 1. The hardship has not been created by the applicant, but rather is a product of dual frontage adjacent to right-of-way. Complying with the 50 foot front yard setback would greatly compromise the site layout and could severely impact required parking stalls. 2. The building will actually be located approXimately 42 feet from the edge of Kipling Street. The presence of excess right-of-way gives the appearance of a greater front yard setback. 3. The bUilding location will not affect the site distance triangle at West 50th Avenue and Kipling Street. 4. The request will not have a detrimental effect on air or light to adjacent L properties. , Seconded by Council Members Schulz and Womble; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS t.F"'T ,0 .", ,):@ 04'-"'il Item 3. Board and Commission Appointments DISTRICT I Motion by Ms. Berry to appoint: JoeJ/e Hedden to the Animal Control Commission, term ending 3/2/10. Betty Jo Page to the Board of Adjustment, term ending3/2!10. Sharon Younger to the Building Code Advisory Board, term ending 3/2/10. Scott Wesley (4/1/07) to the Parks & Recreation Commission, term ending 3/2/10. Susan Seeds to the Parks & Recreation Commission, term ending 3/2/09. Davis Reinhart to the Planning Commission, term ending 3/2/10. Robert Alldredge to the Liquor Authority, term ending 3/2/10. Seconded by Mr. Womble; carried 8-0. DISTRICT II Motion by Mrs. Sang to appoint: Dr. William Trefz to the Animal Control Commission, term ending 3/2/10. Robert Howard to the Board of Adjustment, term ending3/2/10. Philip Plummer to the Building Code Advisory Board, term ending 3/2/10. James Chi/vers to the Planning Commission, term ending 3/2/10. Frank Sanzolone to the Liquor Authority, term ending 3/2/10. Rhea Staniszewski to the Cultural Commission, term ending 3/2/09. Seconded by Mr. Gokey; carried 8-0. SUP-07-0l & WA-07-02 Request for a special use permit for a drive lhrough and a front setback variance 4975 Kiplin9 Street CI'yCOlllleol Mood."F"'ruary2<l.2001 1 2 Relluest Applicant is making 2 requests: - Special use permitfordri~e through - Front yard setback ~ariance . 29.4 foot variance resulting in a 20.6 front yard (east) setback Each request will require a separate motion Site Plan II \ \ ~ 1\11 (I, Process .Aspecialusepermitisrequiredforanydrivelhroughin lheC-1 district . Request normaliy starts with an administrative review wilh a 10-dayposting period -Becausea variance in excess of 10% is requested,lhe application was immediately forwarded to City Council LOT 1, BLUE GRASS TERRACE """"-~,",soon<"'T""''''~V'Of''<TION'' """"""''''''''~'i'::~~~~'':;:''''''=''' ~~~~ ,~",,'Y. :<:<.",,,,-.,. .~ ("<'='-- ~_."'- <-c lI.' ~"I. .'.....~:, ~~ ~: T"__~ .' "...... ~~_ I '.' " ~-"... -'.,= -=-.".- ~)~ 3 DeveloDmentStandards All development standards are being met . landscaping . parking . shared parking agreement with neighbor . lot coverage . architecture . building height . setbacks . except front (east) setback VarianceCrileria . Would not alter the character of the locality . adjacent properties do not meel 50 fool setbaCk . building would actually be 42 feel from street edge . Dual street frontage creates hardshTp 'W. 50tllAvenue to the north; Kipling Street 10 the east . Applicant has not created hardship . Requeslwould nol be delrimental 10 public welfare Soecial Use Permit . Will nol bedetrTmental to health,safety or welfare . Will not contribute to blight in the neighborhood . improvement over exisling cond~ions . Sl10uld not affect adequate air or light, not caUse pollution . Will not result in traffIC congestion or hazards 'onlylnewaccess point on public street (right out only} . Will be appropriately designed . meets development standards & ASDM 'Willnoloverburdenslreetcapac~ies,ulililies,parksorschools Neighborhood meeling held in November 2006 'Nooneinaltendance One letter was receTved before the neighborhood meeling . From property owner to south . Did not want a drive through for fasl food (violates covenantsj All responding referral agencies can serve the property . Applicant would be responsible for upgrades 4 Conclusions Staff is recommending approval of each request City Council shall decide if the SUP request is granted solely for the applicant,orifitrunswithlheproperty 5 ~~' WH"4r", ~ " - 0 o ~ C'OLOR,e..~:P ITEM NO: REQUEST FOR CITY COUNCIL ACTION roo.~~~ ~ COUNCIL MEETING DATE: February 26, 2007 TITLE: A REQUEST FOR A SPECIAL USE PERMIT AND FRONT SETBACK VARIANCE FOR PROPERTY LOCATED AT 4975 KIPLING STREET (CASE NO. SUP-07-0l & W A-07-02/QUAIL CREEK) IZJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: IZJ ~~ o No Community Development Director City Manager EXECUTIVE SUMMARY: Quail Creek Investment is requesting consideration of a special use permit for a drive through and front yard setback variance. The property is currently zoned Commercial One (C-l) and is located at 4975 Kipling Street. The subject parcel is approximately 33,545 square feet in size. The site currently contains an existing vacant bank building, which would be removed. The applicant plans on constructing a new building which would be approximately 6,500 square feet in size. The front yard setback variance would allow the building to be located 20.6 feet from the front (east) property line. This request relates to City Council goals of the City being prepared for growth and opportunities and providing a strong partnership between the City and community. COMMISSIONIBOARD RECOMMENDATION: There was no prior commission or board action; the request was forwarded directly to City Council for review. STATEMENT OF THE ISSUES: None. AL TERNA TIVES CONSIDERED: Do not approve the special use permit or the variance request. FINANCIAL IMPACT: The City has received a one-time application fee for the land use application. Building permit fees and use taxes will be collected during construction of the new commercial building. The City will receive revenue from any business which generates sales tax. RECOMMENDED MOTIONS: There are two separate requests associated with this application. Two separate motions are required. Special Use Permit "I move to approve Case No. SUP-07-0l, a request for approval of a special use permit to allow for a drive through facility located at 4975 Kipling Street, for the following reasons: I. The drive through facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 2. The drive through facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. With the following conditions: I. The grant of use shall be for the property and may be inherited." Variance "I move to approve Case No. WA-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.6- foot front yard setback for property located at 4975 Kipling Street, for the following reasons: I. The hardship has not been created by the applicant, but rather is a product of dual frontage adjacent to right-of-way. Complying with the 50 foot front yard setback would greatly compromise the site layout and could severely impact required parking stalls. 2. The building will actually be located approximately 42 feet from the edge of Kipling Street. The presence of excess right-of-way gives the appearance of a greater front yard setback. 3. The building location will not affect the sight distance triangle at West 50th Avenue and Kipling Street. 4. The request will not have a detrimental effect on air or light to adjacent properties." Report Prepared by: Travis Crane Reviewed by: Alan White Attachments: 1. City Council Staff Report (with exhibits) CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council CASE MANAGER: Travis Crane CASE NO. & NAME: SUP-07-01 & WA-07-02 IQuail Creek Investors DATE OF MEETING: February 26, 2007 ACTION REQUESTED: Request for a special use permit to allow for a drive through facility and request for a front yard setback variance for property located at 4975 Kipling Street and zoned Commercial One (C-I). LOCATION OF REQUEST: 4975 Kipling Street APPLICANT (S): OWNER (S): Quail Creek Investors Guaranty Bank & Trust Company APPROXIMATE AREA: 33,545 sq. ft. (0.77 acres) PRESENT ZONING: Commercial One (C-I) COMPREHENSIVE PLAN: Community Commercial Center (CC) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENT AnON Location Map Subject Parcel ATTACHMENT 1 I Jurisdiction All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 4975 Kipling Street. The applicant is requesting a special use permit to allow for a drive through facility (Exhibit I, Request). The applicant has received the appropriate permissions from the current property owner to pursue this application. The application also includes a request for a front yard setback variance. The applicant has requested to construct the building 20.6 feet from the front property line. It should be noted that the variance request was advertised as a 33 foot front setback request, resulting in a 17 foot front yard setback. The applicant has since moved the building further to the west, which decreases the variance request. The property is zoned Commercial One (C-I). II. CASE ANALYSIS The property is 33,545 square feet in size (approximately 0.77 acres), and currently contains a vacant bank building. The Code of Laws states that any drive through in the C-I zone district shall require a special use permit. Typically, the SUP process starts as an administrative review, complete with a ten-day public notice period. If any objections are received, the application is forwarded to City Council. The Code of Laws does not give the Community Development Director the authority to approve a variance request of more than ten percent with administrative special use reviews. Because of this, the ten-day posting period was omitted and the application was forwarded directly to City Council for review of both requests. Additionally, the Code of Laws requires a neighborhood meeting prior to submittal of an application for a special use permit. A neighborhood meeting was held on November 21,2006. There were no neighbors or interested parties in attendance at this meeting. A letter was received before the neighborhood meeting from the property owner directly to the south. This property owner stated that she objected to a drive through for a fast food restaurant. The letter mentions covenants for the property which would not allow a fast food restaurant on the subject property. It should be noted that the covenants are not regulated or enforced by the City. The letter has been included as Exhibit 2. III. SITE PLAN REVIEW A site plan, landscape plan and building elevations plan have been submitted for review (Exhibit 3, Site Plan et al). Any redevelopment must adhere to the standards as dictated in the C-I zone district. All applicable development standards have been reviewed, and have been met or exceeded. These development standards include lot coverage, landscaping area and quantities, parking requirements, height, architecture, and exterior lighting. The one exception to this is the request for a reduced front yard setback, which is discussed in further detail in section VI. Should the special use permit be approved, complete building plans must be submitted and approved as part of the building permit process. Lot Coverage The C-I zone district allows a maximum lot coverage of 80%. Lot coverage is defined as all areas occupied by buildings and pavement. Based on a lot which is 33,545 square feet, a total of26,836 square feet may be building and/or paving. The site plan details 25,166 square feet (75%) to be building and paving. Setbacks The C-I zone district requires minimum front, side and rear yard setbacks for all structures. The Code specifies that the front yard setback shall be a minimum of 50 feet. This is a comer lot with frontage on both West 50th Avenue to the north and Kipling Street to the east. The proposed building will be located approximately 20.6 feet from the front (eastern) lot line. A variance is required for this reduced setback, and the criteria are evaluated later in the report. City Couucil SUP-07-01 & WA-07-02/Quail Creek 2 The C-I zone district requires a minimum side yard setback of 5 feet per story. Based on the overall structure height, the building is considered two stories. The side setback on the southern property line is 50.6 feet. The required setback for the northern property line is 30 feet, due to the presence of right- of- way. The side yard setback from the northern property line is shown at 29.5 feet. The applicant has indicated that the building will comply with the 30 foot setback at time of building permit. Due to an accelerated public hearing schedule, the plans could not be changed prior to the City Council hearing. The street to the west is a private drive; therefore no increased rear yard setback is required. A IS-foot rear yard setback is required; the site plan shows a provided rear yard setback of 86.3 feet. Building The site plan shows a new 6,567 sq. ft. building located in the approximate northeast comer of the property. The drive through facility is located on the northern elevation adjacent to West 50th Avenue. The drive through traffic will circulate around the south side of the building and queue on the east side of the building. The C-I zone district allows a maximum building height of 50 feet. The proposed structure will be a maximum of 24 feet 6 inches in height to the top of the parapet. A building elevation page has been included on page 4 of the site plan package. The elevations show the building to be constructed of stucco and stone. The construction materials and design are in accordance with the Streetscape and Architectural Design Manual. Access/ClrculationlParking The property will gain access from a private drive on the west side of the property which is accessed via West 50th Avenue. This private drive was established when the property was subdivided in 1996. A right out only turning movement is shown on West 50th Avenue approximately 55 feet east of the private drive. The location and turning movement at this egress point have been reviewed and approved by the Public Works Departroent. A right-in/right-out is shown on the adjacent property to the south which provides restricted access to Kipling Street. This right-in/right-out access point currently exists, and will not be changed. The applicant has assumed the most stringent parking standard when designing the site: the parking standard for eating establishments. The Code specifies that any eating establishment must provide one parking stall for each 75 square feet of gross floor area, less kitchen areas, restrooms, hallways and mechanical rooms. Based on this parking standard and the proposed building size, 41 parking spaces are required. There are 33 parking spaces proposed onsite, two of which are van-accessible handicapped parking stalls. An agreement has been provided to the City which allows shared parking between the lot to the south and the subject parcel. Given the onsite parking and shared parking, a total of 43 parking spaces has been provided. Landscaping The Code requires a minimum of twenty percent ofthe site to be landscaped. Based on a site of33,545 square feet, a total of 6,709 square feet oflandscape area is required. The landscape plan (page 3) shows a total of 8,3 79 square feet (25%) to be landscaped. The applicant has provided street trees, trees and shrubs in accordance with the standards specified in the Code of Laws. A ten foot landscape buffer is required on the eastern property line for the entire length of Kipling Street. The site plan shows a ten foot landscape buffer on the eastern property line. Drainage A drainage report will be reviewed at time of building permit. The detention areas will be located along the northern property line, adjacent to West 50th Avenue and on the western property line adjacent to the private drive. City Council SUP-07-01 & WA-07-02/Quail Creek 3 IV. AGENCY REFERRALS The proposal was referred to all ofthe necessary outside agencies. All responding agencies stated that service could be provided to the property. V. SPECIAL USE PERMIT REVIEW Staff has the following comments regarding the criteria used to evaluate a special use permit request: Per the Code of Laws Sec. 26-114 (D) before a special use permit is approved, the applicant shall show, and the community development director or city council shall find, the proposed special use: 1. Will not have a detrimental effect npon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed nse. The proposed use should not have a detrimental effect on the general health, safety or welfare of persons in the neighborhood. 2. Will not create or contribnte to blight In the neighborhood by virtne of physical or operational characteristics of the proposed nse. The proposed drive through facility should not contribute to blight in the neighborhood. The property currently contains a vacant building. The applicant proposes to construct a new building, which would be an improvement over the existing building. 3. Will not adversely affect the adeqnate light and air, nor cause significant air, water or noise poUution. The proposed drive through facility should not affect the adequate light and air, nor cause significant air pollution. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or Internal traffic conflicts to the detriment of persons whether on or off the site. The request wiU not result in undue traffic congestion in the area. All of the City's parking requirements have been met. The property currently contains two access points on West 50th Avenue. These access points will be removed and replaced with one right-out only access point on West 50th Avenue. The previous bank use once operated with multiple drive through lanes on the east side of the building. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be In harmony and compatible with the character of the surrounding areas and neighborhood, especlaUy with adjacent properties. The proposed building will conform to all development standards in the C-I zone district, with the exception ofthe requested variance. The building facades will be of high quality materials. The building design meets the minimum requirements in the Streetscape and Architectural Design Manual. The proposed landscaping exceeds the minimum requirements for commercially zoned properties and will be an improvement over existing conditions. 6. Win not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. City Council 8UP-07-01 & WA-07-02/Quail Creek 4 The proposed use will not overburden the capacities of existing streets, utilities, parks, schools or other public facilities and services. All of the necessary agencies for public facilities and utilities were notified of this request the responding agencies stated that service can be provided to the property. 7. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. The applicant has no history of compliance or noncompliance with the City of Wheat Ridge code requirements. 8. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. If conditions of an approved special use permit are violated, City Council has the authority to revoke the special use permit. 9. Other factors relevant to the specific application. There are no other relevant factors. VI. VARIANCE REQUEST Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district In which it is located? If the request is denied, the property may still receive a reasonable return in use. The property has C-I zoning, which allows a wide range of uses. 2. If the variance were granted, would it alter the essential character ofthe locality? If the request were granted, the character of the locality would most likely not be altered. The existing building does not meet the minimum required front yard setback on the eastern property line or the minimum side yard setback on the northern property line. There are existing structures directly south of the subject parcel which do not appear to meet the required 50-foot front yard setback from Kipling Street. There is approximately 13 feet of right-of-way from the western edge of Kipling Street to the property line. This excess right-of-way will give the appearance that the building is located 40 feet from the street edge. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience ifthe strict letter of the regulations were carried out? The lot is relatively flat, but does have a unique shape. The property has frontage on two streets. The eastern and northern property lines do not meet at a right angle, creating an unusual shape to the northeast property comer. If the building were located in a conforming location, it may be difficult to provide adequate parking on the property. This would force the applicant to reduce the size of the building. City Council SUP-07-01 & WA-07-02/Quail Creek 5 4. Has the alleged difficulty or hardship beeu created by auy persou presently having an Interest In the property? A person who has interest in the property has not caused the hardship. The hardship stems from the presence of right-of-way on two property lines. It may be possible to locate the building elsewhere on site, but parking, landscaping and circulation would be severely compromised. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property Is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially Increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The request would not be detrimental to the public welfare. The adequate supply of light and air would not be compromised as a result of the request. The request would not increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result In a benefit or contribution to the neighborhood or the community, as distinguished from an Individual benefit on the part of the applicant, or would granting of the variance result In a reasonable accommodation of a person with disabilities? The request would not result a benefit or contribution to the neighborhood, only the property owner. The request would not result in a reasonable accommodation of a person with disabilities. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed drive through facility will not have a negative impact on the traffic and circulation in the vicinity. The variance request should not have a negative effect on surrounding properties. Therefore, staff recommends APPROVAL of Case No. SUP-07-0 I and W A-07 -02. City Council shall decide if the special use request is a personal grant of the owner or a grant to the property which may be inherited. Staff recommends that the special use permit be a grant to the property. VITI. RECOMMENDED MOTIONS Sneclal Use Permit Option A: "I move to approve Case No. SUP-07 -0 I, a request for approval of a special use permit to allow for a drive through facility located at 4975 Kipling Street, for the following reasons: I. The drive through facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 2. The drive through facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 3. The drive through facility will not have a negative effect on the light and air, nor cause significant air, water or noise pollution. 4. The request will not result in undue traffic congestion or traffic hazards. With the following conditions: I. The grant of use shall be for the property and may be inherited." City Council SUP-07-01 & WA-07-02/Quail Creek 6 OR Option B: "I move to deny Case No. SUP-07-0l, a request for approval of a special use permit to allow for a drive through facility located at 4975 Kipling Street, for the following reasons: 1. ..." Variance Option A: "I move to approve Case No. W A-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.6-foot front yard setback for property located at 4975 Kipling Street, for the following reasons: I. The hardship has not been created by the applicant, but rather is a product of dual frontage adjacent to right-of-way. Complying with the 50 foot front yard setback would greatly compromise the site layout and could severely impact required parking stalls. 2. The building will actually be located approximately 42 feet from the edge of Kipling Street. The presence of excess right-of-way gives the appearance of a greater front yard setback. 3. The building location will not affect the sight distance triangle at West 50'h Avenue and Kipling Street. 4. The request will not have a detrimental effect on air or light to adjacent properties." OR Option B: "I move to deny Case No. W A-07-02, a request for approval of a 29.4-foot front yard setback variance, resulting in a 20.6-foot front yard setback for property located at 4975 Kipling Street, for the following reasons; 1. ..." City Council SUP-07 -0 I & W A-07 -02/Quail Creek 7 Architecture Interior Design Planning Construction Management Design Edge. P,C 482 South Broadway Denver CO 80209 Tel: 303 260 7277 Fox: 303 260 7282 'vv~vv",de-arch.com DenV8C CO Colorado Springs, CO I) "'/B. :SIGNIi""D' '6 "Ii c....~_., . - .. . . ~{' ie,"":. ': : "0._ : >.~ if ..J ! ; ", ;'" . .,-..,'- ................................... ...... January 8, 2007 Meredith Reckert Senior Planner 7500 W. 29th Avenue Wheat Ridge, CO 80033 303-235-2848 (Fax) 303-235-2857 RE: 4975 Kipling Street - Variance and Special Use Dear Meredith, We are proposing an approximately 6600 square foot multi-tenant retail building at this location. The following is a statement of our request for a Special Use Permit and a Setback Variance. This project proposal will require a Special Use Permit based on the "Drive- Thru" lane we are proposing in conjunction with the building. Retail uses with "Drive-Thru" facilities are a consistent use within this area and Zone District. We are asking for the Setback Variance along both 50th and Kipling Streets from Section 26-218 B.5. The request is based on the following: . We are proposing that the building be setback farther than the existing building that will be demolished once construction begins. . Through conversations with the planning department, this type of building placement is consistent with current design practices. . The combination of existing site access points, shared access and parking with the adjacent property owner to the South, and the shape of the site limits the location of the building on the site. The addition of the 50'-0" setback would conflict with all of those items so we propose the placement of the building with a 29.6 foot setback on 50th and a 17.5 foot setback along Kipling as indicated on the attached plans. Please do not hesitate to contact us if you have further questions or need more information, 303- 260-7277. Thank you. Sincerely, Andy Olree - Principal Design Edge, P.C. 01/09/07 EXHIBIT 1 \ November 15,2006 ~Ia~\\~~ /1- /::7-0 U City of Wheat Ridge Community Development Department I, Lesley Halley, own the property at 4971 Kipling Street and I have some concerns about the Special Use Permit the Quail Creek Investors are requesting on the property located at 4975 Kipling Street. A drive-thru pick-up window in the project could adversely affect the business of the Burger King if the drive-thru pick-up window is for another fast-food restaurant. In a conversation with the owner of the Burger King business a few months ago, he mentioned that it is against the covenants of the Blue Grass Terrace Development to put another fast-food restaurant with a drive-thru pick-up window in that area. I have not been able to find any documentation stating that covenant and the owner of the Burger King business is out of town until after the neighborhood meeting. When he returns, I will see if he has any documentation of the covenant he mentioned. I would like it to go on record that I am opposed to a drive-thru pick-up window in the project if it is associated with a fast-food restaurant because of the possible negative impact that would have on the Burger King business. A few months ago, I was contacted by Panda restaurant informing me that they were thinking about moving into this location. I would be opposed to this business moving into this location because I would consider it to be a fast-food restaurant. After speaking to Meredith in the Planning Division, she mentioned that the Quail Creek Investors were possibly thinking about another bank and/or a Starbuck's with a drive-thru pick- up window being located at 4975 Kipling Street. I would not be opposed to either one of these businesses or something similar moving into this location. If you have any questions about my concern, please call Lesley Halley at (970)225-9254. Lesley Halley 2742 Coal Bank Drive Fort Collins, CO 80525 EXHIBIT 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on February 26, 2007, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 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: Case No. SUP-07-01: An application filed by Quail Creek Investors for approval of a Special Use Permit to allow a drive-tbru facility on C-l (Commercial-One) zoned property located at 4975 Kipling Street and legally described as follows (see legal description for Case No. W A-07-02): Case No. W A-07-02: An application filed by Quail Creek Investors for approval of a 33 foot front yard setback variance from the 50 foot front yard setback requirement resulting in a 17 foot front yard setback on the east property line of C-l (Commercial-One) zoned property located at 4975 Kipling Street and legally described as follows (the following legal description pertains to both cases): LOT I, BLUE GRASS TERRACE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: February 8, 2007 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge February 12, 2007 Dear Property Owner: This is to inform you of Case No. SUP-07-01, a request for approval of a Special Use Permit to allow a drive-tbru facility on C-l (Commercial-One) zoned property located at 4975 Kipling Street AND Case No. W A-07-02, a request for approval of a 33 foot front yard setback variance from the 50 foot front yard setback requirement resulting in a 17 foot front yard setback on the east property line of C-l (Commercial-One) zoned property located at 4975 Kipling Street. This case will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on February 26, 2007 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\srv-cl-eng-OOl\uscrs\kficld\Kathy\CCRPTS\PUBNOTIC\2007\sup0701&wa0702.wpd ~ -. :..--c ~ NE16 I . , ...,- ._--'--1 /----- I "'.-.-..... _.~{i:..Y.""'s::'-Q-~::';;:;;.~-;~1- ---.- ---- -------, I I L. I , I -.- - -.- - - - - -.-.- - -- - -.-._1. , ,\,U ! ?" , . I -1"':: PID TALMAR INDUSTRIAL ~ PARI\. CONTAINER SYSTEMS MINOR SUB COORS GLASS CONTAINER FILING NO.1 WZ-82-4 PID ...----- PID ~. WZ-77-16 WZ-93-4 " ,- / / --_// ~=- ___ 'll.Q_'2..'!9.g~!I21IC!,c___ --- -- --- -.-.-- . ARVADA ----- ---;!.--...-...---- --- \2.p ;,' \l) ~ ~ " ~ , / " ~ ~ At.----, .__:/':.9~?;;:-:'-' \....:;." !<i; L&K ~ ~ i PID , I [ ~ PID WZ-Qo-2 WZ-72-32 W . REHOUSE. .:.- (l\\cl';----,,_-.. /~5'0'PID /0" /~}.'17- WZ-72.16 /\.(:.;;'f,- 70 WEST ~i ')'V INDUSTRIAL PARK :gj _.A_. 1 ~ '- PID- BECKER INDUSTRIAL i INHEAfRlDGE PARK AMEND. .i C-1 . PID WAREHOU5E~, WZ:95-13 ~: . SUP-9Q-7 10101 ( WEST 1-70 FRONTAGE RO NORTH , " . WEST 1070 FRONTAGE RD SOUTH. .._ r----.. NE21 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO ---- PARCEULOTBOUNDARY (DESIGINATES OWNERSHIP) WATER FEATURE SE16 . DENOTES MULTIPLE ADDRESSES @ ~ 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) o 100 'KXJ :?CO 400 fed DEPARTMENT OF PLANNING AND DEVELOPMENf MAP ADOPTED: June 15. 1994 Last Revision: September 10. 2001 :.J!-?:_Ql-!tl"!:f4,*~QZ__Q~~ J~n~ Cc:-._~~_~/~7.__* Owner :K/G Petroleum Llc Parcel :110019 V Site :4901 Kipling St Wheat Ridge 80033 Xfered :12/01/2005 Mail: 9777 S Yosemite St #120 Lone Tree Co 80124 7006 0100 0006 7650 6938 Use :2112 Corn/Improved Land _ Bedrm: Bath: TotRm:1 YB:1968 Pool: *----------------------------; MetroScan / Jefferson (CO; Owner :Antoinettes Car Wash Ine Parcel Site : 5002 Kipling St Wheat Ridge 80033 Xfered 7650 6945 Mail :3755 Wazee St Denver Co 80216 7006 0100'"OOOb Use : 2112 Com, Improved Land ~~.U\_ Bedrm: Bath: TotRm:1 YB:1980 Pool: BldgSF:2,820 AC:.47 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Nesvadba George Parcel : 167972 v Site :*no Site Address* Xfered :07/06/2000 Mail: 329 parkview Ave Golden Co 80401 7006 0100 0006 7650 6952 Use :1177 Vacant/Residential/Limited Size Bedrm: Bath: TotRm: YB: Pool: *----------------------------; MetroScan / Jefferson Owner :Antoinettes Car Wash Iue Site :5100 Independence St Arvada 80002 Mail :PO Box 16507 Denver Co 80216 Use :2177 Vacant/Commercial/Limited Size Bedrm: Bath: TotRm: YB: Pool: *----------------------------: MetroScan / Jefferson (CO) Owner :Nesvadba orge Parcel Site :4990 Kipling Wheat e 80033 Xfered Mail: 329 parkview 0 80401 Price Use :2112 C proved Land Phone Bedrm: Bath: TotRm:1 YB:1984 Pool: BldgSF:21,600 Ac:2.18 *----------------------------: MetroScan / Jefferson (CO) .----------------* Owner : Crossroads Church Of Denver Parcel' : 184254/ Site :9901 W 50th Ave Wheat Ridge 80033 Xfered :08/01/?001 Mail: 9901 W 50th Ave Wheat Ridge Co 80033 7006 0100 0006 7650 6976 Use :9159 Exempt, Church, Land .l7aval;; .JUJ-":I:":::l. JOuu Bedrm: Bath: TotRm:1 YB:1985 Pool: BldgSF:40,691 Ac:2.77 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Stenberg Erland L Parcel :198909 v' Site : 4900 Kipling St Wheat Ridge 80033 XfA7rAO"06 O^l'O'O - 0006 7650 6983 Mail :4691 Chileno Valley Rd Petaluma Ca 94952 Use :2112 Corn, Improved Land ~none Bedrm: Bath: TotRm:1 YB:1983 Pool: BldgSF:11,416 Ac:2.59 L___________________________: MetroScan / Jefferson (CO) : ----------;:/----* Owner :Arvada Ridge Market Place Ll Parcel :208875 6990 Site : *no sit Addres.is*'/ Xf'~-006 0100 0006 7650 Mail: 135 Ri 9 :i,:(1Ef',~Hi 1 80129 7 . v_,ouu Use:, ~~mercial ~none Bedrm TotRm: YB: Pool: BldgSF: Ac: 3 .00 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Kipling Ridge Metropolitan Dis Parcel :430384 v Site :4975 Kipling St Wheat Ridge 80033 Xfered :0~/1h/?nn~ Mail: 6399 S Fiddlers Green Cir #10J-Oreenwood Villag' 7006 0100 0006 7650 7003 Use :2112 Com, Improved Land ~"'NU'- Bedrm: Bath: TotRm:1 YB:1967 Pool: BldgSF:3,612 AC:.86 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Halley Lesley Parcel :430385 ,/ Site :4945 Kipling St Wheat Ridge 80033 Yf'^7-0-0~6 0100 0006 7650 7010 Mail :2742 Coal Bank Dr Fort Collins Co 80525 . Use :2112 COffi,Improved Land ~hone Bedrm: Bath: TotRm:1 YB:1998 Pool: BldgSF:3,453 Ac:.73 *----------------------------: MetroScan / Jefferson (CO) .----------------* Owner :Spasco Ltd parcel' :430386'/ Site :10160 W 50th Ave Wheat Ridge 80033 '.--". 7006 010[) '0'0'06-- Mail: 109NPostOakLn#550HoustonTx77024..Sd ,,~ 7650 7027 Use :3111 Vacant, Industrial, /~~~, "" _Phone : Bedrm: Bath: TotRm: YB: (!eoo;~~~~~ BldgSF: Ac:1.88 Information compiled from various sources. \~state !S;!J~OIJ-S makes no representations or warranties as to the accuracy or comple/ene'iJ~oi'r{lation contained in this report. '.,,'_.',.,l;", BldgSF:2,203 Ac: .57 :----------------* : 131720 1.-. BldgSF: Ac:.05 (CO) Parcel Xfered :----------------* : 183378 v'. :01/05/1999 0100 0006 7650 69b9 7006 BldgSF: Ac: .37 :----------------* : 184249 v :07/06/2000 :$2,800,000 *-------~--------------------: MetroScan I Jefferson (CO) .----------------* Parcel' :430388 ~ Owner :Bgt Enterprises Site :10100 W 50th Approx Ave 80033 Mail :8305 S Wadsworth Blvd Littleton Co 80128 Use :3111 Vacant, Industrial Bedrm: Bath: TotRm: YB: *----------------------------: MetroScan / Owner :Bp Products North America Inc Site :4900 Kipling Approx Wheat Ridge 80033 Mail :4101 Winfield Rd Warrenville II 60555 Use :2111 Vacant,Commercial Bedrm: Ba th : TotRm: v of" ""'.....=.-'l . n? /1 II /1 ('\('\"7 7006 0100 0006 7650 7034 Pool: Jefferson (CO) Parcel .LJnone BldgSF: Ac: .96 :----------------* :430916 v' 1(of""".....=rl _,..... ,...-- J____ 7006 0100 0006 7650 7041 *----------------------------: YB: MetroScan / Pool: Jefferson (CO) Parcel Xfered r'llone BldgSF: Ac: .38 :----------------* :447474 V : 06/07 /?CO_ 0100 0006 7650 7058 Owner :Foothills Bank ('~Site :5025 Kipling St Wheat Ridge 80033 Mail :4975 Kipling St Wheat Ridge Co 80033 Use :2112 Com, Improved Land ~=~=~~______~:=~~_______=~=~~:IMetroSca~B~2~~;fe~~~~: (CO) Bld~:~~=~~==______~=~1.31 Owner :Target Corporation parcel' :447478 ~ Site :5071 Kipling St Wheat Ridge 80033 Xfered ,1?/"J,1/"^'" 65 Mail :PO Box 9456 Minneapolis Mn 55440 7006 0100 0006 7650 70 Use : 2112 Com, Improved Land ____~ Bedrm: Bath: TotRm:l YB:2005 Pool: BldgSF:174,853 Ac:14.68 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Genuine Parts Co Parcel :448861 ~- Site : *no Site Address* v~...__.:l. ....- J_ - 1_ -- Mail :2999 Circle 75 Pkwy SE Atlanta Ga 30339 7006 0100 0006 7650 7072 Use :2111 Vacant/Commercial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: 7006 Ac:.89 _~o+-h it 15 f3~ .2;6;25 <:;rh~ Srh 7006 0100 0006 7650 7089 o;f,5~,,\!ic. . ~:) ;1: C.' ,ODG (; /.....'.. 1/ ,0 'UJ.,}' L ,'-' \J _ " \,1) ~(}\::':" ~ Infomation compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. I , Foothills Bank 5025 Kipling St. Arvada, CO 80033 Kipling Ridge Metro District 6399 S. Fiddlers Green Cir., 102 Greenwood Village, CO 80111 K & G Petroleum Llc 9777 S Yosemite St #120 Lone Tree, CO 80124 Antoinettes Car Wash Inc PO Box 16507 Denver, CO 80216 Erland Stenberg & Mary Ann Stenberg 4691 Chileno Valley Rd Petaluma, CA 94952 Lesley Halley 2742 Coal Bank Dr Fort Collins, CO 80525 Bp Products North America Inc 4101 WinfieldRd Warrenville,IL 60555 Genuine Parts Co 2999 Circle 75 Pkwy SE Atlanta, GA 30339 Antoinettes Car Wash Inc 3755 Wazee St Denver, CO 80216 George N esvadba 329 Parkview Ave Golden, CO 80401 Crossroads Church Of Denver 9901 W 50th Ave Wheat Ridge, CO 80033 Arvada Ridge Market Place Lie 9135 Ridgeline Blvd Highlands Ranch, CO 80129 Ridge Metropolitan Dis Kipling 6399 S Fiddlers Green Cir #10 Greenwood Village, CO 80111 Spasea Ltd 109 N Post Oak Ln #550 Houston, TX 77024 Bgt Enterprises 8305 S Wadsworth Blvd Littleton, CO 80128 Foothills Bank 4975 Kipling St Wheat Ridge, CO 80033 Target Corporation PO Box 9456 Minneapolis, MN 55440 Property appraisal system Page I of I I In~~~:g~n 1 OF 1 Schedule: 131720 Status: Active ParcellD: 39-153-11-004 Property Type: Commercial Print Property Address: 05002 KIPLING ST WHEAT RIDGE CO 80033 Mailing Address: PO BOX 16507 V DENVER CO 80216 0507 Nei9hborhood: 111 - Subdivision Name: 422000 - KIPLING 5000 PLAZA SUB Owner Name(s) ANTOINETTES CAR Block Lot Key Section Township Range QuarterSection Land = 0001 OOA 15 3 69 20611 Total 20611 Sale Date Sale Amount Deed Type Reception 11-13-1975 0 CONVER02 08-04-1978 359,400 CONVEROl 03-24-1982 106,800 82021228 01-05-1999 0 Quit Claim Deed F0781349 01-05-1999 425,000 Warranty Deed F0773854 Assessor Parcei Maps Associated with Schedule maD39-1S3.Ddf Go to ASRin MaR for this Schedule Acrobat Reader is required to view PDF's. iRi- http://wwI4.co)efferson.co.us/ats/displa>.~en()ra1.do ?sch= 13 I 720&offset=0 2/12/2007 Property appraisal system Page I of I 1__- General Information 1 OF 1 Schedule: 447474 Status: Active Parcel ID: 39-164-06-008 Property Type: Commercial Print Property Address: 05025 KIPLING ST ARVADA CO 80033 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 201 - Subdivision Name: 051705 - ARVADA RIDGE Owner FOOTH Block Lot Key Section Trownship lRange QuarterSection Land S 0003 16 13 169 SE 57064 Total 57064 Sale Date Sale Amount Deed Type Reception 12-14-2004 0 Plat F2143596 12-31-2004 7,109,800 Special Warranty Deed F2153035 06-07-2005 1,138,700 Special Warranty Deed 20050311411_. Assessor Parcel Maps Associated with Schedule !JJQR39-164.odf Go to Aspin MaP for this Schedule ..~IO~~ Acrobat Reader is required to view PDF's. m]i~~gWF;;RJ!rdllli! !fttp://ww14.cp.jefferson,co,us/ ats/ display~el1eral. 40 ?sc!f=44 7 4 7 4&offset=0 2/12/2007 Property appraisal system Page I of I J< General Information 1 OF 1 Schedule: 430384 Status: Active Parcel ID: 39-164-04-004 Property Type: Commercial Print Property Address: 04975 KIPLING ST WHEAT RIDGE CO 80033 2249 Mailing Address: 05025 KIPLING ST WHEAT RIDGE CO 80033 2251 Neighborhood: 203 - Subdivision Name: 082300 - 8LUE GRASS TERRACE Owner FOOTH Block I Lot Key Section Township Range QuarterSection Land ~ 10001 OOA 16 3 69 SE 33360 Total 33360 Sale Date Sale Amount Deed Type Reception 03-14-1997 0 Pi at F0384500 08-31-1998 561,900 Warranty Deed F0705257 Assessor Parcel Maps Associated with Schedule maD39-164.odf Go to ASDin Map for this Scheduie ~ff1ij=~=N ~~~~&i~ Acrobat Reader is required to view PDF's. f1mm!i:.~fili1 !).ttp ://ww 14 .co ,j eff~r~on.co. ~s! al$! displ~YI$~n~ral. do ?sch=43 03 848coffset=0 2/1212007 Property appraisal system Page I of I J General Information 1 OF 1 Schedule: 110019 Status: Active Parcel ID: 39-164-00-007 Property Type: Commercial Print Property Address: 04901 KIPLING ST WHEAT RIDGE CO 80033 Mailing Address: 04101 WINIFIELD RD ./ WARRENVILLE IL 60555 Neighborhood: 191 - Subdivision Name: - Owner Name(s) / BP PRODUCTS NORTH AM Block Lot Key Section Township Range QuarterSection Land SI 078 16 3 69 SE 25178 Total 25178 Sale Date Sale Amount Deed Type Reception 01-26-2001 0 Merger 2003050M Assessor Parcel Maps Associated with Schedule ma039-164.Qdf Go to ASDin MaD for this Schedule Acrobat Reader is required to view PDF's.1lfli1l htlp ://ww l4.co,j efferson.co.]ls/ats/display~enen!l.do ?s~h= 1100 198wffset=0 2/12/2007 Property appraisal system Page I of I j' General Information 1 OF 1 Schedule: 209727 Status: Exempt Parcel ID: 39-164-04-016 Property Type: Exempt print Property Address: VACANT LAND Mailing Address: 06399 S FIDDLERS GREEN CIR 102 GREENWOOD VILLAGE CO 80111 4974 Owner Name(s) KIPLING RIDGE METROPOLITAN Neighborhood: - Subdivision Name: 082300 - BLUE GRASS TERRACE Block Lot Key Section Township Range QuarterSection Land: 0002 OOB 16 3 69 SE 1594 0001 OOB 16 3 69 SE 3858 Total 5452 Sale Date Sale Amount Deed Type Reception 06-13-2006 0 Special Warranty Deed 2006073409 Assessor Parcel Maps Associated with Scheduie ma039-164.Qdf Go to ASDin MaD for this Schedule hltp://wwI4.co.jefferson.co.us/ats/ displaygeneral.do ?sch=20972 7 &offset=O 2/12/2007 Parcel Number. ..16 39 164 06 008 v 39 164 06 012 0/ 39 164 00 02S r 39 164 04 004 II 39 164 04 OOSJ. 39 164 04 009 ,I 39 164 04 003v' 39 164 04 002'" 39 164 04 01S.) 39 164 00 007"' 39 lS3 11 004v 39 lS3 11 OOSv' 39 lS3 00 007'/, 39 lS3 00 009V 39 lS3 14 Ollv' 39 lS3 99 001./ ******************************* * Search Parameters ******************************* * Jefferson (CO) * 2/12/2007 * 10,lS AM ******************************* * * * * la~.Its " @ LV' @ BU!ld!)! 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(14ql\lll.22') ~~ J s '" ) 99-001 , 99-001 ~ S 10220 9900' ------------------- (75501 (70.~l') <' . 00-013 " 00 4' !i - - 12280') (12280') (3870 '''\!!l",~~ '",AillilI ~ 00-013 " , S~ (10300') llJ.1l:lO' ------------------- Architecture Interior Design Planning Construction Management Design Edge, P,C 482 South Broadway Denver CO 80209 Tel: 303 260 7277 Fax: 303 260 7282 wV/'vv.de-orch.com Denv0C CO Colorado Springs, CO DESIGNEDGE February 14, 2007 Meredith Reckert Travis Crane 7500 W. 29'h Avenue Wheat Ridge, CO 80033 303-235-2848 (Fax) 303-235-2857 RE: 4975 Kipling Street - Variance and Special Use Dear Meredith and Travis, Please see the following letter of response indicating all review items having been addressed. You will find the responses in bold type. Thank you or your review. Please do not hesitate to contact us if you have further questions or need more information, 303- 260-7277. Thank you. Andy Olree - Principal Design Edge, P.C. 02/14/07 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 31 January 2007 Design Edge Andy Olree 482 South Broadway Denver, Colorado 80209 RE: Special Use Permit Submittal! 4975 Kipling Street ("Lot I Bluegrass Terrace") Dear Mr. Olree: I have completed my initial review of the special use permit application for the property located at 4975 Kipling Street, and I have the following comments: 1. General: A. I have included all referral comments received to date. I have not received comments from the Public Works Department, but anticipate them shortly. Once these comments (and any other delinquent comments) are received, they will be forwarded to your attention. Any questions you have regarding referral comments should be directed to the agency which generated said comment. I have included all red-lined plan sets for clarification of comments. The application submittal contained a check in the amount of$I,140. Based upon the fee schedule, an additional $200 is required. The special use permit application fee is $1,040 and the variance fee is $300. Please remit an additional $200 at time of the resubmittal. Payment will be made. D. A reimbursement agreement exists for the repayment of monies used to construct the traffic signal at West 50th Avenue and Kipling Street. Please be aware that the obligations of this agreement must be fulfilled prior to issuance of a building permit Thank you for the information. E. A variance is required for the front yard (east) setback. The C-l zone district requires a fifty (50) foot front yard setback. The proposed building envelope is located seventeen (17) feet from the eastern property line. This variance request will be discussed at the City Council hearing. The building is now 20'-7" from the east property line. We are requesting a variance. F. Once all comments have been addressed, a City Council hearing will be scheduled. The ten-day public notice period will not occur in this instance. Because a variance is associated with the special use request, an administrative approval is not possible, thereby making the public comment period inconsequential. Once a City Council hearing has been scheduled, you will be B. C. Andy OIree 482 S. Broadway 1 required to post public hearing signs on the property to remain in place fifteen days prior to the hearing date. City staff will generate the signs and notify you when they are ready. Thank you. 2. Special Use Permit Planset, Page I: A. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge ". This document is not a final development plan. The title has been revised as requested. B. Please remove the Allowed Uses section. The Allowed Uses section has been removed. C. In Character of Development, please correct the spelling of "associated" in number 4. The spelling has been corrected in Note 4. D. Please remove the Planning Commission, City Council, Director of Community Development and County Clerk & Recorder's Certification blocks. This document will not be recorded with the County, and does not require City certifications. The Owner's Certification can be removed as well. All certification blocks have been removed. 3. Special Use Permit Planset, Page 2: A. The site plan on page 2 identifies 10 adjacent parking stalls to be shared through a parking agreement. Please provide a copy of the parking agreement upon resubmittal. A copy of the parking agreement is included. B. The right-in/right-out curb cut on West 50th Avenue seems problematic. The right-in movement is located approximately 40 feet from the private drive which serves the Bluegrass Terrace subdivision. The Public Works Department has indicated that the turning movement should be restricted to a right-out only. The access off of West 50th Avenue has been revised to a right-out only. C. The Development Standards chart indicates that 9,290 square feet of landscaped area is located on the property. Some of this landscaping appears to occur within the right-of-way. Please clarify how much (in square feet) landscaping is proposed in the right-of-way. Additionally, you should be aware that landscaping located within the right-of-way will not count towards the minimum 20% landscaping requirement. The chart has been updated with accurate calculations. D. In the Development Standards chart, please remove the reference to a maximum allowance of 60% building coverage and paved area. This figure is incorrect. The maximum allowance is actually to lot coverage, which includes both paved areas and building footprint. This maximum is correctly noted at 80%. The chart has been updated, deleting this figure. E. Please add the following to the Case History box: SUP-07-0l, W A-07-02 and MS-96-6. The Case History box contains the above information and has been added to sheets 2 thru 4. F. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". The title has been updated. Andy Olree 482 S. Broadway 2 4. Special Use Permit Planset, Page 3: A. Pursuant to Section 26-502(D)(3), a ten-foot wide buffer is required for the property frontage adjacent to Kipling Street for the entire length of this frontage. The ten-foot buffer has been added and labeled. B. This property is required to have I tree and 10 shrubs for each 1,000 square feet of provided landscaped area. It appears the shrubs counts are being met; however, the tree count is deficient. Please ensure the correct amount of trees is shown on the landscape plan. A chart has been added to the landscape plan specifying these amounts. The shrub count within the site exceeds the requirement by 55 . C. Pursuant to Section 26-502(D)(3), one street tree is required for each 30 feet of street frontage. This will apply on both West 50th Avenue and Kipling Street. These trees are in addition to the required trees and shrubs. Based upon the street frontage, 7 street trees are required on the Kipling Street frontage, and 5 trees are required on the West 50th Avenue frontage. The street tree count is now accurate and included in the chart on Sheet 3. D. Please identify the amount (in square feet) of non-living landscaping to be installed. Non-living landscaping consists of rock or bark. These calculations have been included on Sheet 3. E. As mentioned above in item 3.e., the off-site landscape will not count toward the required counts for this property. Any tree, shrub or groundcover will not be included in the on-site calculations. The off-site (or plants within the R.O.W.) have been counted separately. F. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". This has been removed from the sheet. 5. Special Use Permit Planset, Page 4: A. The eastern elevation contains very little interest. This elevation will be the most visible, as it is viewed from Kipling Street. The architecture on the eastern elevation should be changed to reflect a level of quality present on the western elevation. It would be desirable to have an identifying object on the northeast corner of the building similar to the one present on the northwest corner. Please see the revised elevations. We have relocated the "tower element" to the corner of the building facing both 50th and Kipling. We have also added stone to all four elevations enhanciug the appearance of all four sides of the building. In addition, we have provided a decorative screen wall with ornamental metal accents to add both visual interest, and screen electrical equipment on the east side. B. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". This has been removed from the sheet. Please make all the required corrections prior to the next submittal. You should be aware that comments generated by other agencies may impact my comments. If you have any questions, please feel free to contact me. I can be reached at 303.235.2849 or tcraneraJci. whgeatridge. co. us. Andy Olree 482 S. Broadway 3 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 31 January 2007 Design Edge Andy Olree 482 South Broadway Denver, Colorado 80209 RE: Special Use Permit Submittal! 4975 Kipling Street ("Lot 1 Bluegrass Terrace") Dear Mr. Olree: 1 have completed my initial review of the special use permit application for the property located at 4975 Kipling Street, and 1 have the following comments: 1. General: A. B. C. D. E. F. Andy Olree 482 S. Broadway 1 have included all referral comments received to date. 1 have not received comments from the Public Works Department, but anticipate them shortly. Once these comments (and any other delinquent comments) are received, they will be forwarded to your attention. Any questions you have regarding referral comments should be directed to the agency which generated said comment. 1 have included all red-lined plan sets for clarification of comments. The application submittal contained a check in the amount of$1,140. Based upon the fee schedule, an additional $200 is required. The special use permit application fee is $1,040 and the variance fee is $300. Please remit an additional $200 at time of the resubmittal. A reimbursement agreement exists for the repayment of monies used to construct the traffic signal at West 50th Avenue and Kipling Street. Please be aware that the obligations of this agreement must be fulfilled prior to issuance of a building permit A variance is required for the front yard (east) setback. The C-l zone district requires a fifty (50) foot front yard setback. The proposed building envelope is located seventeen (17) feet from the eastern property line. This variance request will be discussed at the City Council hearing. Once all comments have been addressed, a City Council hearing will be scheduled. The ten-day public notice period will not occur in this instance. Because a variance is associated with the special use request, an administrative approval is not possible, thereby making the public comment period inconsequential. Once a City Council hearing has been scheduled, you will be required to post public hearing signs on the property to remain in place fifteen days prior to the hearing date. City staff will generate the signs and notify you when they are ready. 2. Special Use Permit Planset, Page I: A. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". This document is not a final development plan. B. Please remove the Allowed Uses section. C. In Character of Development, please correct the spelling of "associated" in number 4. D. Please remove the Planning Commission, City Council, Director of Community Development and County Clerk & Recorder's Certification blocks. This document will not be recorded with the County, and does not require City certifications. The Owner's Certification can be removed as well. 3. Special Use Permit Planset, Page 2: A. The site plan on page 2 identifies 10 adjacent parking stalls to be shared through a parking agreement. Please provide a copy of the parking agreement upon resubmittal. B. The right-inlright-out curb cut on West 50th Avenue seems problematic. The right-in movement is located approximately 40 feet from the private drive which serves the Bluegrass Terrace subdivision. The Public Works Department has indicated that the turning movement should be restricted to a right-out only. C. The Development Standards chart indicates that 9,290 square feet oflandscaped area is located on the property. Some of this landscaping appears to occur within the right-of-way. Please clarify how much (in square feet) landscaping is proposed in the right-of-way. Additionally, you should be aware that landscaping located within the right-of-way will not count towards the minimum 20% landscaping requirement. D. In the Development Standards chart, please remove the reference to a maximum allowance of 60% building coverage and paved area. This figure is incorrect. The maximum allowance is actually to lot coverage, which includes both paved areas and building footprint. This maximum is correctly noted at 80%. E. Please add the following to the Case History box: SUP-07-0l, W A-07-02 and MS-96-6. F. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". 4. Special Use Permit Planset, Page 3: A. Pursuant to Section 26-502(D)(3), a ten-foot wide buffer is required for the property frontage adjacent to Kipling Street for the entire length of this frontage. B. This property is required to have I tree and 10 shrubs for each 1,000 square feet of provided landscaped area. It appears the shrubs counts are being met; however, the tree count is deficient. Please ensure the correct amount of trees is shown on the landscape plan. C. Pursuant to Section 26-502(D)(3), one street tree is required for each 30 feet of street frontage. This will apply on both West 50th Avenue and Kipling Street. These trees are in addition to the required trees and shrubs. Based upon the street frontage, 7 street trees are required on the Kipling Street frontage, and 5 trees are required on the West 50th Avenue frontage. D. Please identify the amount (in square feet) of non-living landscaping to be installed. Non-living landscaping consists of rock or bark. Andy Olree 482 S. Broadway 2 E. As mentioned above in item 3.e., the off-site landscape will not count toward the required counts for this property. Any tree, shrub or groundcover will not be included in the on-site calculations. F. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". 5. Special Use Permit Planset, Page 4: A. The eastern elevation contains very little interest. This elevation will be the most visible, as it is viewed from Kipling Street. The architecture on the eastern elevation should be changed to reflect a level of quality present on the western elevation. It would be desirable to have an identifying object on the northeast comer of the building similar to the one present on the northwest comer. B. Please remove the following from the title: "An Official Final Development Plan of the City of Wheat Ridge". Please make all the required corrections prior to the next submittal. You should be aware that comments generated by other agencies may impact my comments. If you have any questions, please feel free to contact me. I can be reached at 303.235.2849 or tcrane\alci. whgeatridge. co. us. Sincerely, ~ Travis R. Crane Planner II Andy Olree 482 S. Broadway 3 Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Date: 12 January 2007 Community Development Referral Form Response Due: 29 January 2007 The Wheat Ridge Community Development Department has received a request for a special use permit with setback variance at the property located at 4975 Kipling Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP-07-01/WA-07-02 Request: Construct approximately 6,600 square feet of new retail. The existing building would be removed. A drive through is proposed, which necessitates the need for a special use permit. The building would be located approximately 17 feet from Kipling Street, which necessitates the variance. The property is approximately 33,545 square feet in size. The property currently has Commercial One (C-1) zoning. 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: Travis R. Crane Voice: 303.235.2849 Fax: 303.235.2857 Email: tcrane@cLwheatridge.co.us DISTRIBUTION: Valley Water District Clear Creek Valley Sanitation District Arvada Fire District City of Arvada Planning Department Qwest Communications Xcel Energy Wheat Ridge Building Division Wheat Ridge Police Department Wheat Ridge Public Works "The Carnation City" Division of Fire Prevention Arvada Fire Protection District January 18, 2007 Mr. Travis R. Crane, Case Manger City of Wheat Ridge Community Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 IF1iIECClEllVlE1O JAN 2 2 2007 --~-------- RE: Lot I Blue Grass Terrace Case No. SUP-07-0llW A-07-02 Dear Mr. Crane, We have reviewed this site plan for conformance with the 2003 International Fire Code and have the following comments. 1. Fire protection is provided to this site by Station 2,12195 W. 52nd Ave. and Station I, 7900 W. 57th Ave. 2. Fire lanes will need to be posted on each side where possible, No Parking Fire Lane with signs that meet City of Wheat Ridge Standards. IFC 03 503.3. 3. Proposed landscaping will need to be installed in such a manner that a minimum of a three foot clear space is provided around the circurriference of the existing fire hydrant. IFC 03 508.5.5. 4. The minimum required fire low based upon the worst case scenario of Type V-B construction will be 2,250 gallons per miniate. IFC Appendix B. 5. A minimum of two fire hydrants will need to be located within 300 feet of the site and a third fire hydrant within 60 I feet of the site to meet the fire hydrant distribution for minimum required fire flows, or an additional fire hydrant will need to be provided at the south entrance. IFC 03 508.1. If you have any questions or would need any additional information, please feel free to contact me at 303-425-0905, extension 234. 6503 Simms Street . Arvada, Colorado 80004-2607 . (303) 424-3012 . Fax (303) 432-7995 Page Two Sincerely, Arvada Fire Protection District '2>_b Steve Steigl~ Deputy Fire Marshal WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Travis Crane-Community Development Lieutenant Jim Lorentz C#<;j(.tf Sergeant Paula Balafas_1. \ ~~~' January 17, 2007 Development Case # SUP-07-01/WA-07-02 VIA: FROM: DATE: SUBJECT: This memo is intended to state the Wheat Ridge Police Department's ability to serve the property. This memo was generated after my review of the development plans for the project, titled the Blue Grass Terrace development. The property is zoned as retail. The police department anticipates little or no increase in requests for service, based on the projected number of parking spaces for visitors (31). Any increase in calls for service might involve traffic accidents or break-ins to cars parked at the site. Since the type of retail has not been specified (other than the drive- through proposal), I cannot speculate further about other types of calls for service. The existing infrastructure appears to be sufficient for the additional development of the site. Based on the development plans, there is no public safety concern about this proposed development plan. 01l~2107 MON 15: 01 FAX 303 424 0828 VALLEY WATER DIS i4J 001 VALLEY WATER DISTRICT 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80088 TSLEPHONE 303.424.9661 FAX 303.424.0828 IPrl!EC!E~V!E/D) JAN 2 2 2007 January 22, 2007 Travis Crane City of Wheat Ridge 7500 W. 29t~ Avenue Wheat Ridge, CO 80033 --------- Dear Travis: In reference to Case #SUP-07-01/W A-07-02, located at 4975 Kipling St., Valley Water District has reviewed the inquiry and offers the following comments: I. Valley Water District can provide water service to your proposed development subject to Valley Water District rules and regulations. 2. Valley Water District is supplied water through a distributors contract with the Denver Water Department and must follow Denver Water operating rules and regulations. The District must also fullow all Denver Water mandates with regard to drought and conservation that may be imposed. 3. Additional water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property that meet Arvada Fire Protection District requirements which will be at owner's expense. 4. Each separate building would require a separate water tap. Please contact the District regarding domestic water service prior to construction. 5. The owner will be required to provide a recorded plat ofthe project to the Valley Water District. 6. The owner will need to provide necessary easements for water service that meet Denver Water requirements If you have any questions, please feel free to contact me. Sincerely, ~~ Robert Arnold District Manager (l Xcel EnergYSM PUBLIC SERVICE COMPANY Siting and Land Rights 550 15ili Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Facsimile: 303.571.7877 January 18, 2007 fRj IE ~ IE] 'i0' IE fD) JAN 1 {i ';0n7 ~" L llw, --- -- --- City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 AUn: Travis R. Crane, Case Manager Re: Referral Response for Case No. SUP.07-01/WA-07-02, Blue Grass Terrace Lot 1 Public Service Company of Colorado (PSCo) has no conflict with the above- mentioned referral. Please, contact PSCo's Engineering Department at 1-800-628-2121 (builder's call line) for gas and electric service, relocation and/or any grading activities on or near existing facilities. As a reminder to help guarantee safety in this development please observe and show on the final plats the following note: CALL UTILITY NOTIFICATION CENTER OF COLORADO 1-800-922-1987 CALL 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRAD, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES If you have any questions about this referral response, please contact me at (303) 571- 7596. Thank You, ?k~ Agent, Siting and Land Rights Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Date: 12 January 2007 Community Development Referral Form Response Due: 29 January 2007 The Wheat Ridge Community Development Department has received a request for a special use permit with setback variance at the property located at 4975 Kipling Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP-07-01/WA-07-02 Request: Construct approximately 6,600 square feet of new retail. The existing building would be removed. A drive through is proposed, which necessitates the need for a special use permit. The building would be located approximately 17 feet from Kipling Street, which necessitates the variance. The property is approximately 33,545 square feet in size. The property currently has Commercial One (C-1) zoning. 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: Travis R. Crane Voice: 303.235.2849 Fax: 303.235.2857 Email: tcrane@cLwheatridge.co.us ~Oi . DISTRIBUTION: NO lS'::JAt..S &e1N GJ Valley Water District {'t'f'J""'- ~ i Clear Creek Valley Sanitation District tJt:.e. ~ I r~ S.I t1 ts I' Arvada Fire District r.r, /1')", 4l1:J'1 I ' City of Arvada Planning Department II'" tJ." . fJl/'; .' , Owest Communications ."." Xcel Energy Wheat Ridge Building Division Property Wheat Ridge Police Department Wheat Ridge Public Works "The Carnation City" 7500 West 29th Avenue Wheat Ridge, Colorado 8' Telephone 303/235-2846 FAX 303/235-2857 CITY OF WHEAT RIDGE 02/28/07 3:18 PM cdb CITY OF WHEAT RIDGE 02/07/07 3:39 PM cdb Quail Creek Investor Quail Creek Investor January 9, 2007 RECEIPT NO:C023114 FMSD ZONING APPLICATION F zone AMOUNT 200.00 RECEIPT NO:C023006 FMSD ZONING REIMBURSEMENT zreim FMSD ZONING APPLICATION F zone AMOUNT 240.00 900.00 PAYMENT RECEIVED CK 1051 TOTAL AMOUNT 200.00 200.00 PAYMENT RECEIVED CK 1043 TOTAL AMOUNT 1,140.00 1,140.00 Andy Olree Design Edge 482 S. Broadway Denver, CO 80209 Dear Mr. Olree: This letter is to inform you that your application package and check for $1,140 for a Special Use Permit with setback variances have been received in our office. The fees for this land use application total $1,340 which leaves a balance due of $200. Please see breakdown ofthe fees below: Snecial Use Permit (with Site Plan) Application Fee (non-administrative)......................................................... $ 500 Plus $300/acre (I acre) ............................................................................ $ 300 Publication/Public Notice Fee.................................................................... $ 240 Variance Application Fee (non-administrative)........................................................ $ 300 Publication/Public Notice Fee...... .... ........... ... ...... ......... ......................... ... $waived* Total............................................................................................... $ 1,340 Less payment (Check #1043)..... ..................... .................. $ 1.140 Balance due......... ........ ....... ........ ......... ... ... ............... ... ..... ........ .... $ 200 *Publicationlpublic notice fees are waived ifpublished concurrently with special use application. Payment is due upon receipt. Enclosed is a copy of our fee schedule. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosures: fee schedule C\Documents and Settings\kathyf\My Documents\Kathy\LETTERS\LandUseCases\"iII!,()<;nQ~d cc - &~ Cuv(L~ 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) Applicant Qua,l u~..L ll\\le..J.o<s. 1..l..C. Address c;..j-t,o <;,. Gu.e..I,;...... S\-. loP PhonO"~"'\' 'ic"'\ City G......~n"''"'J V.\laj,,- . State CD Zip Bolll Fax~'111' "\o~ Owner6.UlI"("ll"~ ~"";I",",,~ c., Address 50..'5 lL;p\\~ ~. Phone . State Fax 30?> , ~"l.",.C$I?l!S City Hvc..de- Co .5003"1l Contact Andv Olree - Design Edge Address 482 S. Broadwav Phone 303-260-7277 City Denver State CO Zip 80209 Fax 303-260-7282 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 4975 Kipling Street Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side - Change of zone or zone conditions \?",Special Use Permit - Consolidation Plat - Subdivision: Minor (5 lots or less) - Flood Plain Special Exception - Subdivision: Major (More than 5 lots) - Lot Line Adjustment - Right of Way Vacation - Planned Building Group - Temporary Use, Building, Sign - Site Development Plan approval ylVariancelWaiver (from Section 26-218 B. 5 ) - Other: Detailed description of request: We propose a drive-thru at this site which requires a special use permit. Weare also requesting a setback variance on the north and west sides of the property. The proposed building is located at a greater setback than the existing building that will be demolished. Required information: Assessors Parcel Number: Lot I Blue Grass Terrace Current Zoning: C-I Current Use: Bank (vacant) Size of Lot (acres or square footage): 33545sf=.77 acres Proposed Zoning: C-I Proposed Use: Retail 1 Restaurant I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must subm' -attorney fro which approved of this action on his behalf. Signatu .' ~ . . "\ 'YJ. )~O"fA~ i-.... scnbedand sworn tome this~ dayoL... :l\/\VMl1_,20B '. - ~ € ~ c ~ ~! NO~ '\ ~"'~V81.- \ <?....~o My commission expires . . To be fille t.lyComnisslon~~ Date received I , ' Camp Plan Desig. Related Case No. Fee $ Receipt No. Zoning C--- / Pre-App Mtg. Date /t'Y 1/1/(J f' Case No. SV-fJ -0 ]-D / d-IAJ/t-01 ~ Quarter Section Map .:5&/ /t7 Case Manager Architecture Interior Design Planning Construction Management Design Edge. P.e. 482 South Broadwoy Denver CO 80209 Tel: 303 260 7277 Fox: 303 260 7282 vv'Nv";.de-arch.com Denver. CO Colorado Springs, CO DESIGN EDGE January 8, 2007 Meredith Reckert Senior Planner 7500 W. 29'h Avenue Wheat Ridge, CO 80033 303-235-2848 (Fax) 303-235-2857 RE: 4975 Kipling Street - Variance and Special Use Dear Meredith, We are proposing an approximately 6600 square foot multi-tenant retail building at this location. The following is a statement of our request for a Special Use Permit and a Setback Variance. This project proposal will require a Special Use Permit based on the "Drive- Thru" lane we are proposing in conjunction with the building. Retail uses with "Drive-Thru" facilities are a consistent use within this area and Zone District. We are asking for the Setback Variance along both 50'h and Kipling Streets from Section 26-218 B.5. The request is based on the following: . We are proposing that the building be setback farther than the existing building that will be demolished once construction begins. . Through conversations with the planning department, this type of building placement is consistent with current design practices. . The combination of existing site access points, shared access and parking with the adjacent property owner to the South, and the shape of the site limits the location of the building on the site. The addition of the 50'-0" setback would conflict with all of those items so we propose the placement of the building with a 29.6 foot setback on 50'h and a 17.5 foot setback along Kipling as indicated on the attached plans. Please do not hesitate to contact us if you have further questions or need more information, 303- 260-7277. Thank you. Sincerely, ~L Andy Olree - Principal Design Edge. P.C. 01/09/07 \ ..0...:..... . . . ,-. '" - ." . . - . . . .. ~ . , ,'. "".' . ..._. ...... .... :"". . . ,,' . . . . . "',," O~hel' .1.OClltitH;.S:. AV..vAi'>^ . . 'J)BNN.B:n:' . Hi;)pJ::./1..Ell. . 'BlI,n;H.'I-o:~1' . ',~tt{):')MfJ~W ..BY'E!l"I.~: . . . ~'(';AS'!'Li:'PINt!S : . ... . '. ..t"j'lri~Ji'i CJif.t;J',~ ,.' ." . . . . ", . . .. C,i~P,lUW' Hilis >, . .... pye' . .' . ," \.; .G,~.;rB~AY ", . .". . '.' '.'J.~~~R~&'~':'. . -i~~,N C^~:'H: " . . " ':" iONG'~~N'r . .. :MERIDIAN' j)ARKl'.R S()UTH BOl!WEll. S't'RASHUJI.('; WEHM!NS'l"EI~ GO 'd 000/000 lEi GUARANTY BANK ~NlJ TRl.JST COMl'ANY- January 8, 2007 Meredith Recker! Senior Planner 7500 W. 29111 Ave. Wheat Ridge, CO 80033 303-235-2848 (Fax) 303-235-2857 Re: 4975 Kipling Street- Owm:r's Consent to Process Plans Dear Meredith, Guaranty Bank and Trust Company is the current owner ofthe above referenced real estate. We are under contract to sell this parcel to Quail Creek Investors, LLC for redevelopment. This letter will serve as our consent and authorization for Quail Creek Investors to process their Special Use permit to allow a drive- thru, the variance for the proposed building set back and their building and site plan submittal. . .' Sj_ncerC} ..1'~~~~ . Paul SpElncer Senior Vice President Guaranty Bank and Trust Company " J)~lWI1tt''1WI) Dt'l1v/..'.. '/J.') 1 St'Yt'lltt'('llth StrC'('t. Dl'l1v('r. COI01';ldl) H02u2 kk'phon~' j(]3-21.)6. %00 .. 24 Huur B,ll\killg ~O:) .2g3-29:\H . R()(}-737-1141 . www.(;~lat:lIltyB;ll1kOI1]ilH'.l'OIll 6LII 9L9 EOE 'ON X~j p"apTa^"Jl r . ~N~8 A1N~H~08 W~ 9G:80 301 LOOG-60-N~r X~jI 0~:60 LOOo/60/~0 10/31/2006 10:35 IFAX OCT-31-2006 TUE 09:48 AM GUARANTY BANK 7 J Travelstead FAX NO, 303 675 1179 1l!I001/001 p, 01/01 ~!;'t'J}.',~I,~L October 31, 2006 Mr. Peter Cud lip clo Alberta Development Partners, LLC 5460 South Quebec Street, Suite] 00 Greenwood Village, CO 80111 Sent Via Fax 303.771.4086 Re: Purchase and Sale Agreement dated 10/23/06 Between Guaranty Bank & Trust and Quail Creek Investors, LLC Please use this Jetter as authorization to change the Seller contact information and address to the following: Paul Spencer Centennial Bank Holdings, Inc. J3 31 Seventeenth Street Denver, CO 80202 303-313-6700 (fax) Thank you very much for your assistance in this matter, <~g~P~ }:I0uffpeucer Senior Vibe President cc: John Lobus, Esq. 710 Kipling Street, Suite 402 Lakewood, CO 80215 303-237-0686 (fax) Larry Gallegos, Esq. Gallegos & Associates, P.C. 5310 DTC Parkway, Suite G Greenwood Village, CO 80111 303-771-1058 (fax) Glenn Anderson CB Richard Ellis, Inc. 4600 South Syracuse, Suite 100 Denver, CO 80237 720-528-6333 (fax) I I I ~ Land Title GUARANTEE COMPANY Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 08-20-2006 Property Address: 4975 KIPLING STREET Our Order Number: ABD70156682 If you have auy iuquiries or require further assistauce, please contact one of the numbers below: For Closing Assistance: Closer's Assistant: For Title Assistance: Colin Snody Carol Becker Commercial Title "ABD" Unit 3033 E 1ST AVE 11600 Phone: 303-331-6290 David Knapp PO BOX 5440 Fax: 303-331-6369 14001 E ILIFF AVE 11500 DENVER, CO 80206 EMaiI: cbecker@ltgc.comAURORA.CO 80014 Phone: 303-331-6211 Phone: 303-636-2774 Fax: 303-331-6370 Fax: 303-755-7957 EMail: csnody@ltgc.com EMaiI: dknapp@ltgc.com CB RICHARD ELLIS 4600 S SYRACUSE #100 DENVER. CO 80237 Atln: GLENN ANDERSON Phone: 720-528-6382 Fax: 720-528-6333 Copies: 1 EMail: glenn.anderson@cbre.com Linked Commitment Delivery GUARANTY BANK & TRUST CO. 5025 KIPLING STRET ARV ADA. CO 80033 Attn: RICHARD WALTER Fax: 303-425-5138 Copies: 1 EMail: richard.walter@gbankonIine.com Linked Commitment Delivery ALBERTA DEVELOPMENT PARTNERS. LLC 5460 S QUEBEC ST #100 GREENWOOD VILLAGE, CO 80111 Attn: PETER CUDLIP Phone: 303-771-4004 Fax: 303-771-4086 Copies: 1 EMail: pmc@albdev.com Linked Commitment Delivery LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER. CO 80206 Attn: Colin Snody Phone: 303-331-6211 Fax: 303-331-6370 Copies: 1 EMail: csnorly@Itgc.com JOHN A. LOBUS. ESQ. 710 KIPLING STREET SUITE 402 LAKEWOOD, CO 80215 Fax: 303-237-0686 Copies: 1 EMail: lobuspc@netscape.net Linked Commitment Delivery GALLEGOS & ASSOCIATES 5310 DTC PKWY STE G GREENWOOD VILLAGE. CO 80111 Attn: LARRY D GALLEGOS Phone: 303-770-6711 Fax: 303.771-1058 Copies: 1 EMail: realestatelaw@qwest.net Linked Commitment Delivery ~ Land Title Land Title Guarantee Company <iUAR.~NTE[ COMPANY Date: 08-20-2006 Our Order Number: ABD70156682 Property Address: 4975 KIPLING STREET Buyer/Borrower: ALBERTA DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owuer: GUARANTY BANK AND TRUST COMPANY, A COLORADO CORPORATION. FORMERLY KNOWN AS FOOTHILLS BANK, A COLORADO CORPORATION I Wire Information: Bank: LASALLE BANK N.A. 135 S. LASALLE CHICAGO, lL 60603 Phone: 312-992-1474 Credit: Land Tide Guarantee Company ABA No.: 071000505 Account: 5801019380 Attention: Colin Snody Need a map or directions for your upcoming closing? Cbeck out Land Title's web site at www.ltgc.com for directions to anv of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 10-17-92 Deletion of Exceptions 1-3 (Owner) Deletion of General Exception 4 (Owner) Tax Report TED TED TED $25.00 If Land Title Guarantee Company will be closing tbis transaction, above fees will be collected at that time. TOTAL $25.00 ForrnCONTAC'l'06/ll4 THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. ABD70156682 Schedule A Cust. Ref.: Property Address: 4975 KIPLING STREET 1. Effective Date: August 11, 2006 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: 10-17-92 $0.00 Proposed Insure . ALBERTA D LOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY ~t) ,I,RI 5 \\J{/ 3. The estate or interest in the land descrihed or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: GUARANTY BANK AND TRUST COMPANY, A COLORADO CORPORATION, FORMERLY KNOWN AS FOOTHILLS BANK, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: LOT 1, BLUE GRASS TERRACE, COUNTY OF JEFFERSON, STATE OF COLORADO EXCEPT THAT PORTION CONVEYED TO KIPLING RIDGE METROPOLITAN DISTRICT BY SPECIAL WARRANTY DEED RECORDED JUNE 16, 2006 UNDER RECEPTION NO. 2006073409. ALTA COMMITMENT Schedule B - Sectiou I (Requirements) Our Order No. ABD70I56682 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper iostrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises wbich are due and payable. Item (d) Additional requirements, if any disclosed below: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA LAND SURVEY OF SUBJECT PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA LAND SURVEY. 2. A FULL COPY OF THE OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR ALBERTA DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. WARRANTY DEED FROM GUARANTY BANK AND TRUST COMPANY, A COLORADO CORPORATION, FORMERLY KNOWN AS FOOTHILLS BANK, A COLORADO CORPORATION TO ALBERTA DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO.4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO.4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF GUARANTY ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. ABD70156682 Continued: BANK AND TRUST COMPANY, A COLORADO CORPORATION, FORMERLY KNOWN AS FOOTHILLS BANK, A COLORADO CORPORATION. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ALBERTA DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2005 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2006 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. .......... NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 .......... Pursuant to Colorado Revised Statute 30-10-421. "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Onr Order No. ABD70I56682 The policy or policies to he issned will contain exceptions to the following nnless the same are disposed of to the satisfaction of the Company: I. Rights or claims of parties in possession not shown hy the pnhlic records. 2. Easements, or claims of easements, not shown hy the puhlic records. 3. Discrepancies, conflicts in houndary lines. shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the puhlic records. 4. Any lien, or right to a lien, for services, lahor or material theretofore or hereafter furnished, imposed hy law and not shown hy the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires ofrecord for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any. noted in Section I of Schedule B hereof. 9. EXISTING LEASES AND TENANCIES, IF ANY. 10. EASEMENTS, CONDITIONS, COVENANTS. RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BLUE GRASS TERRACE RECORDED MARCH 14, 1997 UNDER RECEPTION NO. 384500. AFFIDAVIT OF PLAT CORRECTION RECORDED MARCH 9, 1999 UNDER RECEPTION NO. F0819172. 11. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE THE V ALLEY WATER DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 29, 1956, IN BOOK 1026 AT PAGE 592. 12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT WITH THE VALLEY WATER DISTRICT RECORDED JUNE 26, 1996 AT RECEPTION NO. F0259207. 13. BLUE GRASS TERRACE OFFICIAL DEVELOPMENT PLAN RECORDED MARCH 14, 1997 UNDER RECEPTION NO. F0384499. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABD70l56682 The policy or policies to he issued will contaiu exceptious to the following unless the same are disposed of to the satisfaction of the Company: 14. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE. COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED APRIL 04, 1997, UNDER RECEPTION NO. 394791, AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 30, 1998 UNDER RECEPTION NO. 705256, AND AS AMENDED IN INSTRUMENT RECORDED APRIL 20, 1999 UNDER RECEPTION NO. 849918. 15. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE CLEAR CREEK V ALLEY WATER AND SANITATION DISTRICT AS EVIDENCED BY INSTRUMENT RECORDED MAY 27,1997, UNDER RECEPTION NO. F0418986. 16. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE SPECIAL DISTRICT 1987-1, AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 27,1988, UNDER RECEPTION NO. 105098, NOVEMBER 9,1989 UNDER RECEPTION NO. 97338, NOVEMBER 8, 1990 UNDER RECEPTION NO. 95555 AND NOVEMBER 14, 1991 UNDER RECEPTION NO. 106061. 17. ORDINANCE NO. 853, SERIES OF 1990, RECORDED SEPTEMBER 23, 1998 UNDER RECEPTION NO. F0700141. ,\~ 18. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN REIMBURSEMENT AGREEMENT RECORDED OCTOBER 18, 2005 UNDER RECEPTION NO. 2005099735. . LAND TITLE GUARANTEE COMPANY and MERIDIAN LAND TITLE, LLC DISCLOSURE STATEMENTS Note: Porsuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the bouodaries of such districts may be obtaioed from the Board of County Commissioners. the County Clerk and Recorder, or the County Assessor. Note: Effective September I, 1997. CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article Vll requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insnred transaction and is responsible for recording the legal docnments from the transaction. exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate preminm. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B. Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company and Land Title Guarantee Company and Meridian Land Title, LLC July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of ]jow we use y'our non-public personal information ("Personal Information"), and to whom it is discloself, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our husiness, we may collect Personal Information about you from the following sources: * From applications Of other forms we receive from _you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the puhlic records maintained by governmental entities that we either obtain directly from those entities, or from onr affiliates or others; and * From consumer Of other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeggards to protect your Personal Information from unauthorized access or intruSIOn. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate busmess purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with onr affiliates. such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to allents, brokers or representatives to provide you with services you have requested; * to tliird-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give ns permission, when we are required by law to do so, or when we snspect fraudulent or criminal activities. We also may disclose your Personal Iiiformation when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transactIOn or relationship with you. One of the imporiant responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ahility to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford JOu the right to request correction. amendment or deletion of your Personal Information. We reserve the ngbt. where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to snch requests. All requests snbmitted to the Fidelity National Financial Group of Companies/Chicago Title Insnrance Company shall he in writing, and delivered to the following address: . Privacy Compliance Officer Fidelity National Financial. Inc. 4050 Calle Real, Suite 220 Santa Barhara, CA 93110 Multiple Products or Services If we provide you with more than one fmancial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience tHIS may cause you. Form PRIV. POL. CHI ..... .~ J-"CJ ~, ( ( '- .' RECEPTION NO. F070S2S6 81.00 PG. 0001-016 405 RECORDED IN JEFFERSON COUNTY, COL.ORADO 9130/1998 14.35.57 (0 AMENDED AND RESTATED COVENANTS. CONDmONS AND RESTRICTIONS These Amended and. Rest;lted Covenants, Conditions lIIld Restrlotions ("Covenan~ or I _ "Amended and ~ed .covenants") .are enter~d Into and made ~ffC(>tive as of ~e .lL l:lay (../\ \.9 of 5em-~ ~ . 1998 by. BOT Enterprises, L.L.C., .a Colorado Limited Liability \ Company ("BOT"). RECITALS A. These Covenants amend, restate and supersede. those certain Covenants, Conditions and Restrictions ('SupeI:Seded Covenants") recorded in the records of the Clerk and Recorder, Jefferson County, Colorado on Apri14, 1997 at Reception No. F0394791; and B. BOT is the. owner of four parcels ofreal property described as Lots 1,3,4 and 5, Blue Grass retrace located in the South!l8st 14 of the..southeast 14 of Section 16, TIS, R69W oftlte 6th PM, City of Wheat Ridge, Jefferson County, Colorado (collectively referred to as "Blue Grass Terrace"), according to the plat thereof recorded in the records of the Clerk and Recorder; Jefferson County, Colorado on March 14, 1997 at Reception No. F0384500 ("Plat"); and C. Pursuant to Section 29.A of the Superseded Covenants, the owners of seventy- five (75%) percent of the ownership interests, as defmed in Section /1.13(1) of the Superseded Covenants, have the power and authority to modify and amend the Superseded Covenants; and D. BGT, as the owner of Lots 1, 3,4, and 5, Blue Grass Terrace, as the owner of more than seventy-five (75%) percent of the ownership interests. of all I&.ts.hi Blue Grass Terrace hereby amends and modifies the Superseded Covenants; and E. It is the intent of BOT to create certain covenants, conditions, restrictions, reservations and easements which will affect Lots 1, 2, 3, 4 and 5, Blue Grass Terrace, and which Lots will at all times be subject to the covenants, conditions, restrictions and easements set forth herein; and F. The Official Develollmenr Plan for Blue Grass Terrace ("Development Plan") was recorded in the records of the Clerk and Recorder, kffer,son County, Colorado on March 14, 1997 at Reception M.o. #Q384499; and . O. Under the Development Plan, Lots 1, 2, 3 and 4 each have separate building envelopes for free-standing buildings; and H. Under the Development Plan,.I&t 5 consists of two streets (Street "A" and Street "13') which are private streets ~rvJ!l.ll Blue Grass Terrace, and a parcel containing a cellular . tower ("Cellular Parcel"); and 1'-/20522- o I, ....! . ,"-' ( ( '. . - 1. Prior to the initial sale of all of Lots 1, 2. 3 and 4 by"BGT, BGT reserves the right to amend the Development Plan to change the proposed uses of any Lots and the envelope placement so long as such changes do not interfere with any parking or access easements granted herein. Covenants "?- NOW THEREFORE, the following described covenants, conditions, restrictions, reservations and easements are hereby created for Blue Grass Terrace, and shall be appurtenant to and shall run with the land, and shall be binding upon and inure to the benefit of the owners of the each Lot, their heirs, successors, assigns, mortgagees, teDl\!lts, C!JStomers and guests. 1. . Puroose. These Covenants are created for the purpose of establishing an integrated office/retail/restaurant plaza ("Plaza"). The use of the Cellular Parcel for cellular f:r>>n.rni.'lion or any other type of electronic transmission purposes shall not be coosidered as an incoosistent use. These Covenants shall be .effective upon. the recording hereof, and notwithstanding the doctrine o( merger to the contrary, shall be binding upon and shall inure to the benefit of any mortgagee as to its beneficial interest in the property, regardless of whether said mortgagee has taken legal title to the property. The term "mortgagee" when used in these Covenants shall include the holder of any deed of trust on any of the Lots. No part of these Covenants shall be co~e.1! _as cre!lting rights in the general public, nor shall any part hereof be deemed to be a gift or dedication for public use. 2. ~. Notwithstanding any provision in the Development Plan to the contrary, the boundaries of the Lots are more pll11icularly described in the Plat. In the event of any conflict between these Covenants and the Pial, the Plat shall control. 3. Inllrcss-Ellress Easements across Dortions of Lot 5. A perpetual non-exclusive easement for vehicular and pedestrian access and ingress and egress for the benefit of Lots 1, 2, 3 and 4 is hereby created over and across tlmse portions of Lot 5 that are described on the Plat as "30' Access, Emergency Access and Utility Easement", and which are more particularly described herein and on the Development Plan as "Street A" and "Street B", respectively. 4. Utility Easement across portions of Lot 5. A perpetual non-exclusive easement for subsurfaee utility lines, including without limitation. water, sewer, phone, cable, gas and electricity, for the benefit of Lots 1, 2. 3 and 4 is hereby created across Streets A and B. 5. InllreSs-ElZress Easement Across Lots I and 2. A. A perpetual non-exclusive easement for vehicular and pedestrian access and Ingress and egress to and from Lots I, 3,4 and 5 is hereby created for the benefit of said Lots, over and across the paved portion of Lot 2 between Kipling Street and Street A. NQ:twithstanding the above to the contrary, the owner of Lot 2 shall have the right to restrict -2- RECEPTION NO. . F0705256 ; . . -. . . ....+.~,- "-- "--- .... '. .- ( ( . - through traffic acrosS Lot 2 to a one-way westerly direction, provided that egress from Lot 1 to Kipling Street shall not be restricted. B. A perpetual non-exclusive easement for vehicular. and pedestrian access and Ingress and egress to and from. Lots 2, 3, 4 and 5' is hereby Created for the benefit of said . Lots over and across the paved portion of Lot 1 between Kipling Street and Street A. 6. Shared Parkin" Easements. -3 A. FA""m<mt on Lot I for the Benefit of Lot 2. A perpetual non-exclusive easement for parking is hereby created across the 14 parking spaces on the Sotlth lot line of Lot 1, as more fully depicted on the Development Plan, for the benefit of Lot 2. In conjunction therewith, a perpetual non-exclusive vehicular and pedestrian access and ingress and egress easement is hereby created across and over the paved portion of Lot 1 contiguous to the 14 parking spaces for the benefit of Lot 2 for the purpose of access to or from the above parking easement from or to Kipling Street and Street A. B. Easement on Lot 2 for the Benefit of Lot 1. A perpetual non-exclusive easement for parking is hereby created across the 15 parking spaces on the north lot line of Lot 2, as more fully depicted on the Development Plan, for the benefit of Lot 1. . . C. Easement on Lot 3 for the Benefit of Lots 1. 2 and 4. So long as Lot 3 is used for an office building, a perpetual non-exclusive easement for customer and employee parking is hereby created on Lot 3 for 1he benefit of Lots 1, 2 and 4 between 1hc hours of 6:00 p.m. and 5:00 am., provided that during such hours the' (iwner of Lot 3 may reserve the use of up to 40% of 1he available parking spaces on Lot 3. If 1he building on Lot 3 is not an office building, 1hen the parking easement created hereby shall be deemed terminated. D. Indemnification. The owner of any Lot upon which shared parking is permitted shall not be responsible for any damage to any vehicles parked thereon or for any personal or bodily injury Incurred. thel"l?On where such damage or injury occurs as the result of the use of a parking easement by any other O\1l.!lCl", its tenants, customers, employees or other guests. The owner of such Lot shall be Indenmified and held harmless therefore by the owner of any Lot whose tenants, customers, employees or other guests are using the easement 7. . Utilitv Easements. Any construction or other.work In connection with any utility easement granted under the Plat shall be completed as quickly as possible, and with as little disruption as possible. The relocation of any utility lines across utility easements on Lots 1, 2,3 and 4 which affect any other Lots may be performed after ten (10) days written notice of the Intention to so relocate. The 10 days notice is waived in the event that an emergency requires immediate relocation of such facilities. Relocation of utilities shall not interfere with or diminish utility service to any owner and shall not reduce or unreasonably impair the usefulness or function of such utility and sbaH be performed without cost or expense to any other owner. Nothing herein shall preclude any owner from granting utility easements or - 3 - ~" : ....~ RECEPTION NO. I...... F0705E!56 1 ( ( .' " . .; - licenses to any utility company or. governmental agencies to use its Lot for the purpose of providing utility services to sucl1 Lot or any other Lot. 8. Buildinl! Restrictions. A. Develooment Plan. The location and size of the improl1emcnts on the Lots and the use of the Lots .sball be in accordance with the Development Plan, including the Land Use Table, the Structure Placement Standards and the Notes as set forth therein. The Development Plan standards may be changed only upon the approval of the owner of Lot 5 and approval of the City of Wheat Ridge, which approval shall not be unreasonably withheld by the owner of Lot 5. In the event of any such change, the owner of Lot 5 shall record a document which shall have the effect of amending these Covenants. ~ B. Architecf\lral Control.. The owner of Lqt 5 reserves the right to approve the design, architecture, materials, features, color, decor, roof lines, landscaping and all other aspects of the improvements to each Lot for the ptllpOse of developing the Plaza into a functional and aesthetically pleasing development. All such plans shall be submitted to the owner of Lot 5 before submission to tbe City of Wheat Ridge. Failure of the owner of Lot 5 to disapprove any such plans within 30 days sbaIl be deemed to be approval. Approval will not be unreasonably withheld. . The materials used in and the features of all buildings cgnstructed after the effective date of these Covenants shall ~ similar. The e"istlng building on Lot 1 is not indicative of the_design of or materials to be used in improvements to be built in the Plaza and is considered to be "grandfathered" under this section. In the event that the building .on Lot 1 is destroyed or razed, any new Improvements built on Lot 1 thereafter shall be consistent with the materials and. features of the Plaza, subject to approval by the owner of Lot 5 as required above. 9. Maintenance of Common Areas. A. Street A and Street B. The Common Area shall include Street A and Street B and the Pedestrian Easements as described on the Plat. B. Maintenance Director. The owner of Lot 5 sball cause the Common Area to be maintained and repaired. The owners of Lots 1-5 sball share such costs and expenses as llereinafter provided in Section 11. Such duties sball be conducted by the owner of Lot 5 in its capacity as the "Maintenance .Director" of the PIns.. The Common Area shall be kept in .good condition and repair in compliance with all laws, rules, regulations, orders and ordinances of gQvermnen1al. agencies exercising jurisdiction thereover: The Maintenance Director may delegate its duties to a property manager, but shall continue to be responsible for supervision of the property manager. In performing any services on the Common Area, the Maintenance Director may contract with third parties, including utility companies, for such services. In the event any utility company Qr governmental agency pays for any repairs to any utility lines and assesses the owner of Lot 5, such costs shall be..considered Common Area costs and expenses assessable to the owners of all Lots as provided in Section II. -4- RECEPTION NO. F0705256 ~ ~ ( ( C. . Standard of Maintenance. The standard of maintenance' for the Common Area shall be comparable to the standard of maintenance followed in other developments of comparable size, use and age in the Denver, Colorado metropolitan area. The maintenance and repair obligations shall, in any e<leD.t, include but not be limited to the following: (1) M.int.ining all surfaces in a smooth and evenly covered condition, including cleaning, sweeping,re-striping, repairing and resurfacing (u~!lg surfacing material of a quality equal or superior t9 the original surfacing material); (2) Removing papers, debris, filth, ice and/or snow, and sweeping the Common Area to the extent necessary to keep It in a clean and orderly condition; 5' (3) Placing, keeping in repair, and replacing any appropriate directional signs, markers and lines; (4) Installing, operating, keeping. in repair, and replacing any lighting facilities as may reasonably be required; (5) Common Area; Maintaining, repairing and replacing all utility lines located in the 10. Shared Maint",mmce. In addition to maintaining the .Common Area, the Maintenance Director shall also be responsible for performing the folloWing services on Lots 1,2, 3,4 and the Cellular Parcel on):,ot 5: Maintaining, dredgillg, repairing and replacing the main drainage pond whicli serves Blue Grass Terrace and appurtenant inlet/outlet services areas, and maintaining signage for traffic control on shared easements. (A drainage pond is currently located on Lots 2 and 4, and the inlet/outlet service areas are located on Lots 2 and 4.) The Maintenance Director. may, but shall not be obligated to, provide for security. The Maintenance Director is hereby granted a license and easement to enter upon any Lot for the purpose' of performing Its duties as set forth herein. Routine maintenance and repairs may be performed without notice. All non-routine repairs and replacement shall be performed upon reasonable notice except emergency repairs shall not require notice, unless feasible. The Maintenance Director shall have the right to Install, maintain and replace in or over any easements such signs as the Main~ce Director may deem reasonably necessary for directions. As used herein the word 'sign~ shall be construed to incl1,1de any placard, light or other similar object, ittespective of whether the same be temporary or permanent In . performing any services on said Lots, the Maintenance Director or its Property Manager may contract with third parties for such services. l' 11. Costs and Exnenses. A. Contribution. The owner of each Lot (including the owner of Lot 5) shall contribute its proportionate share of the costs and expenses incurred by Maintenance Director - 5 - .1..4 RECEPTION NO. .' ...~ F0705256 ";Q:, 4' ;~:- ~~.~.- ( ( for performance by the Maintenance Director of its maintenance obligations for the Common Area as described in .section 9 and for the Lots as described in Section 10. Such costs shall include, but not be limited to all costs and expenses associated wit\!: maintaining, repairing and replacing the CommoI\ Areas; dredging any drainage pond and related inlet/outlet services areas; rental charges for equipment and costs of tools and supplies; acquisition costs of maintenance equipment; policing .and security protection; lriIffic direction, control and regulation; cleaning and removing rubbish, dirt and debris, ice andlor snow; installing and maintaining outdoor lighting fixtw:es within utility easements if reasonably required to light the Common Area; charges for utility services for any lighting or other services for the Common G Area, if separately metered; taxes paid with respect to items of personal properly used in . performing the Maintenance Director's duties; real estate taxes and assessments with respect to Streets A and B; wages, salaries .and fringe benefits (including employee related costs such as social security and workers' compensation contributions) paid to anyon-site personnel for this location pro-rated according to their on-site time; fire, casualty and public liability and property damage insurance reasonably allocated to the Maintenance Director's duties; other items which are properly included in the duties of the Maintenance Director; preparing statements of such costs and expenses; and a reasonable property managemerit fee for directing the maintenance activities equal to 7% of the actua1 costs and expenses. B. Pro-Rata Shares. (I) The Maintenance Director will annually prepare or cause to be prepared a Statement of Costs and Expenses described in .Section II.A which it estimates it will incur in performing its dunes under Sections 9 and 10, which statement shall be provided to the owners of Lots 1-5. The owners of each of the Lots 1-5 shall pay a pro-rated portion of all costs and expenses incurred by the Maintenance Director in performing all obligations hereunder as follows: Lot I: Lot 2: Lot 3: Lot 4A: Lot 4B: Lot 5: 18.5% 15.7% 40.6% 16.6% 7.3% 1.3% (These prorations are based upon the number of square reet of each of Lots 1-4 and of the Cellular Parcel on Lot 5, divided by lIu; total square footage of Lots 1-4, and the Cellular Parcel on Lot 5, said total being 202,611 sq. ft. The Cellular Parcel on Lot 5 contains 2,600 square feet, and Lot 5 will be assessed based upon this number of square feet. The square footage of each of Lots I -4 is the amount in the Total Area Column of the Land Use Table on the Development Plan, and each will be assessed on the basis of their respective square footage except that Lot 4, when subdivided into Lots 4A and 4B, will be separately assessed based upon the respective number of square feet of the subdivided lots.) - 6 - 'RE:~EPTION NO. F0705e5b . --'-~:A~ \ '._n_ ~. ( ( .' .. (2) The owners of all of the Lots or their authorized representatives have the right upon reaso~ab~e .!lqtice to inspect, copy and audit the books and records at their I own cost. (3) The estimated costs and expenses shall be assessed against each Lot and the owner thereof, and the owner shall remain liable to pay them. The owners of Lots 1-4 and of the Cellular Parcel on Lot 5 shall be responsible for their share of costs and expenses incurred as of the date they purchase their Lot or the date of the Superseded Covenants, whichever is later. Initial estimated monthly or partl~ monthly payments wlll be r7 due upon transfer of any Lot from BGT. All payments will be due and payable on the frrst Of day of each month, without setoff or deduction, and will be subjeCt to a 5% late fee if more than ten (10) days late. The costs and expenses will be adjusted at the end of each calendar year for actual expenses, with all shortages to date paid within thirty (30) days of delivery of the annual Statement of Costs and Expenses, and all overages credited to the payments next due. Estimated expenses for each year shall be based on the expenses for the previous year plus a reasonable adjustment for expected inflation and budgeted expenses, plus 11 reasonable amount to establish reserves for future estimated replacement costs. The Annual Statement of Costs and Expenses wil! itemize all costs and expenses for the past year with an itemized .. budget for the current year. In the event the Maintenance Director reasonably determines that any costs or expenses are attributable to the acts or omissions of any owner, or its tenants, guests or customers, the Maintenance Director may assess that owner of a Lot for such costs or expenses, which amount will be due and payable within.30 days after invoicing. In the event of any emergency or catastrophic event whereby the Maintciumce Director determines that the estimated costs and expenses will not be sufficient to pay the bills as they become due, then the Maintenance .Director may make a special assessment to coyer amoWlts arising out of said emergency or catastrophic event, which amounts shall be due and payable within 30 days after invoicing. C. Lien for Assessments. The costs and expenses assessed by the Maintenance Director sh.a11 bear interest at the rate of 18% per annum if nqt ti!TIe1y paid. No Lot owner may be exempt from liability for payment of the assessments by waiver of use or enjoyment of any of the Common Area or the services provided by the Malntenance Director or by the abandonment of any Lot against which the assessments are made. . The Maintenance Director shall have a lien on a Lot .for any assessment and intere&t against that Lot and any reasonable attorneys' fees incurred in collecting such 8Sllessment. Each installment is a lien from the time it becomes due. A lien under these Covenants is prior to all the liens encumbrances on a Lot except (I) liens and encumbrances rel:orded before the recordation of these Covenants; (2) a security interest on the Lot which has priority over all other security interests on the Lot and which was recorded before the date on which the assessment sought to be in force became delinquent; and (3) liens for real estate taxes and other governmental assessments Qr charges against the Lot. These provisions do not affect the priority of mechanic's or materialmen's liens. Recording of these .Covenants constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessments is required. A lien for unpaid assessments is extinguished unless pr<><;eedings to enforce the lien are -7- -I. _ RECEPTION NO. F0705256 .-' ..~ . - - - - .- ( ( , .' instituted within 6 years after the assessments become due. This section does not prohibit actions or suits to recQver sums for which Maintenance Director is entitled to a lien or prohibit Maintenance Director from taking a deed in lieu Qf foreclosure. Maintenance Director shall be entitled to costs and reasonable attorneys' fees incurred by it In obtaining a judgment or decree in any action or suit brought under this section. MaiD.tenance Director shall furnish to a Lot owner or such owner's designee, or to the holder of a security interest, or its designee after receipt of a written request personally delivered or sent by certified mail, first class postage prepaid, return receipt to the Maintenance Director, or its registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such oWner's C1 Lot. A statement will be furnished within 14 calendar days after receipt of the request and Is D binding on the Maintenance Director. If no statement is furnished to the Lot owner, holder of a security interest, or his or her designee to the inquiring party, then the Maintenance Director shall have no right to assert a lien on a Lot for unpaid assessments which were due as of the c1ate of the request. The Maintenance Director's lien may be foreclosed in a like m= as a mortgage on real estate. . 12. Chanl!e of Maintenance Director. At any time upon thirty (30) da~'S prior written notice to all the owners, the Mairiteiiance Director shall have the right to relinquish the non- Common Area duties of Maintenance Director as they are required under Section 10. The owners of Lots 1-5 will then have the obligation of selecting"" a new Maintenance Director within thirty (30) clays. The owner of Lot 3 will form and chair a committee to select a new Maintenance Director. A majority of the interests of the Lot owners shall record a document designating the new Maintenance Director. If they fail to record the name of the new Maintenance Director within the 30 days, then, the old Maintenance Director shall designate a new Maintenance Director for such duties. Any Maintenance Director must be a Lot owner. The Maintenance Director may also relinquish the Common Area duties under Section 9, but only upon approval of the City of Wheat Ridge and all other owners, and a new Maintenance Director for such duties should be determined In the same manner as above. Any Maintenance Director may also assign all duties, responsibilities and liabilities to the new oWner of its Lot by a deed conveying the Maintenance Director's Lot. Such insfIUment shall convey such duties without specific reference thereto when it is recorded in the Jefferson County real estate records. Upon such assignment or conveyance, the new Maintenance Director will be deemed to have assumed all obligations of Maintenance Director. Any new Maintenance Director may reassign such duties, responsibilities and liabilities in a like manner as above. 13, Owner's Resoonsibilitv for Maintenance. ReDair and Reolacement. Notwithstanding any provision herein to the contrary, the maintenance and repair obligations of the Maintenance Director shall exclude maintenance, repair or repla~ment of any building, building service areas, parking area, ingress-egress l!feO, storage or trash area, utility laterals and separate utility lines, located on Lots 1-4 and the Cellular Parcel of Lot 5, and each owner of Lots 1-4 and the Cellular Parcel of Lot 5 sha11 be responsible for such maintenance, repair or replacement on its Lot. The owner of each Lot shall be responsible for the installation, consltUction, repair and reple.cement of all improvements on its Lot, including without limitation the following: building, service, storage and trash areas; landscaping including trees, RECEPTION NO. "J""--"j .: .~. A......:.:. F0705a56 -8- ( ( RECEPTION NO. F0705236 grass, shrubs and. flowers in such a manner that the landscaping for the entire Plaza shall be uniform; irrigation systems; landscaping for drainage easements, ponds and inlet/outlet service areas; paved p;u-king and ingress-egress including routine cleaning, snow removal, striping, repairing and replacing of all surfaced parking areas. and ~gress-egress areas; utilities and outdoor light fixtures. Any damage caused to such improvements during construction, reconstruction, repair or replacement on such Lot shall be the responsihility of such owner. If any owner falls to repair or replace surface p;u-king and Ingress-egress areas in a reasonable manner or to maintain parking lot striping on its Lot, the Maintenance Director, after 30 days notice, may enter the Lot and make such repairs or replacement, and the cost thereof shall he paid by the Lot owner within 30 days after invoicing; if not so paid, such amolmt shall be a personal obligation of the Lot owner and a lien under Section ll.C. The Maintenance Director may sue for collection or enforce the lien as provided herein, and shall be. entitled to court costs, reasonahle attorneys' fees and Interest at the rate provided herein. Each owner shall he responsihle for payment of all utility charges for the outdoor lighting on its Lot. All outdoor lighting for parking .shall he on photp-senso.rs and. sbllll remain Iighte4..during evening hours and overnight unless the Malnteriance Director requires otherwise. The owner of each Lot shall he responsible for its own trash collection and disposal, which shall he accomplished in a such manner as to maintain the property In a clean and attractive condition. 14. Constrnction. The owner of each Lot agrees to indemnify and hold harmless the owners of all of tbe other.Lots from any liability, property d;lll1llge or attorneys' fees arising out of, or related to any construction on such owner's Lot, including withont limitation the filing of a mechluric's liens against any Lot. Upon request 'of the owner of a Lot affected hy any such mechanic's lien, the owner of the Lot incurring such costs shall provide a bond necessary to release such lien. Nothipg herein shall prevent a party from contesting the validity of any lien In good faith, provided that if such contest is determined adversely, such party shall promptly pay in full the required amount The owner of Lot 5 hereby reserves an easement across all other Lots for the pwpose of constructing all improvements required under the Development Plan, or otherwise required by the City of Wheirt Ridge, Including without limitation, Construction of Streets A and B, all utility lines, all curb and gutter work associated with Streets A and B, all curh and gutter work on the exterior boundaries of the Plaza, and all work on any pedestrian easements. AIly permanent IJrlnor encroachment by such improvements on any of the Lots is bereby granted as an encroachment easeinent. The owners of each Lot shall have during any period of construction of any improvements on the Lots, or for the pwpose of repairing such improvements, a temporary construction easement over and across those. portions of the adjacent Lots and any parking or access easement reasonably necessary to complete the construction or repairs. Any owner exercising the rights hereunder shall be responsible for promptly removing any and all construction debris and restoring any adjacent LoUo its original condition. Any damage to the Cotnll).on At~a or to any other Lot inClJ!1'ed during any construction or repairs shall promptly he repaired by the owner performing the construction, with the affected property to be restored to its original condition. -9- q '.:.J . ,ill ~ I'd., .. I'j .'1, . fl.." . V!'-- . ,-,1,1 ( ( =-. RECEPTIOIII NO. , F0705C!5o .- - ---- . . .. 15. ~ The owners of Lots 1,2,3 and 4 shall manage and operate .or cause to be managed and .operated the businesses en the respective Lots as part of a complex of retail stores, restaurants and offices fer commercial enterprises which are a part .of a first class develepment. . 16.. Prehibited Uses. No .business en the Lots will be operated in vielatien of any zoning .or use .ordinance or in vielatien .of the Development Plan, as it may be amended from time to time. The foIlowing uses on the Lets shall also be prohibited - (a) any public or private nuisance; (b) any obnoxiotlS .odor; (c) any dust, dirt .or fly ash in excessive quantities; Cd) any unusual fire, explosion, or other damaging or dangerous hazatds; (e) any distillation, 10 . refining, smelting, agriculture or mining .operations; (f) any "second hand" store .or government "surplus store"; (g any ~lex: ~our.t, .labor camp, junk yard, stock yard or animal raising, other than a pet shop; (h) any drll1ing for. ~oval of subsurface substaIl,ces; (I) any dumping, dispesal, incineration .or reductiop. ~f garbage or refuse; ~d li). any fire, bankruptcy sale or auction house operation; (1<) any adult book or adult video tape store (which are defined as stores in which more than 5% .of the number .of inventory items are net available for sale or rental to children under 18 ye.ars of age because such inventory explicitly deals with or depicts human sexuality); (1) a billiard or pool ball unless incldenta1.to a restaurant or bar; (m) a game parler, video game parlor or similar entertainment center unless incidental to a restaurant or bar; (n) massage parlor, (0) dance ball except as part of a restaurant, night club or cabaret; (P) renting, leasing or sale of motor vehicles or trailers; (q) any industrial or manufacturing purposes, except these that are incidental to any approved retail use; (r) auditorium; (s) meetiug hailer other place of public necesSity; .(t) off-track betting business, bingo parler,. 1>r similar games .of chance; (u) bowling alley; (v) skating rink; (w) car re;pair; and (x) car rental agency. Notwithstanding the foregoing to the contrary, any cWTent use on any Let shall not be restricted by the abeve preln"bitions, and the owner of said Let may CQntinue to operate such use so long as it is operated continuously. 17. Exclusive Use. Except fer Lot 2, no ether Lots in the Plaza may be used for a fast-feod restaurant except such other Lots may be tlSed-for fast-food restaurants whose sales are primarily ehicken anellor fish. A ."fast-feod resta1J11U1l" sball be defined to. be a free-standing restaurant concept that specializes in quick service and hils ne table service. Bagel shops, coffee sheps and submarine sandwich shops shall not be considered as "fust-feod restaurants" under this definition. Any exception to this exclusive use provision must be approved in writing by the owner of Lot 2 which appreval will not be UIlIl:8SOnably withheld. The owner of Lot 2 shall indemnity and hold BOT and all other Lot owners harmless from any claims, demands and liabilities whatsoever, inclucl1ng reasonable attomeys' fees as.l!Jes.ult of any legal action 9hallenging the vallcl1ty of this clause. - 10 - . .,~ 'i\~': ~~; ." ~,~ ..1;:.... ... ........ ( ( .' F0705a5Q RECEPTION NO. Prior to the initial sale of all of Lots I, 2, 3 airu4 "[;}i"BG;CBGT-'h~bY reserves the right to grant an exclusive use to any other Lot or the owner thereof prior to the conveyance of such Lot, and in such event all Lots previoll"-ly conveyed shall be subject to such exclusives, provided however that any such exclusive granted by BOT shall not conflict with or otherwise be inconsistent with any prior exclusive use granted to any other Lot owner. 18. Insurance. A. COVer82e. The owners of aU Lots shall carry adequate liability insurance for their Lots, in an amount not less than $1,000,000 for personal or bodily injury or death, and a reasonable amount for property damage. Such provisions may be satisfied by self-insurance, provided that the self-insurer has a net worth considered reasonably satisfactory to self-insure for such amounts according to industry standards. The owners of the other Lots shall be named as additional insureds under such policies. Each owner will provide the other owners with proof of such policies at the end of each calendar year. Failure to maintain such insurance will entitle the Maintenance Director to obtain.such insurance and assess and lien the defaulting owner as provided above. B. Waiver of Subrol!ation. The owners hereby waive any rights of subrogation that they may have against each other on account of any loss or damage occasioned to each owner, arising from risk covered by fire and extended ..AAyerage insurance. The foregoing waivers of subrogation shall be opemtive only so long as they do not invalidate any policy reasonably available to the owners. 19. Maioritv. Unless otherwise provided herein, at any time that all of the owners of Lots 1-5 may take any action under these Covenants, such action shall be subject to approval of a majority of the In!erest. of the Lot owners. A majority shall be determined by a vote of more that 50% percent of the owner's percentage interests as they are defined in Section 1l.B(1). (For example: The combined votes of Lots 2 and 3 would constitute 56.3% and therefore would be a majority.) Notwithstanding any provision herein to the contrary, for a period not to exceed 3 yeats frQm the date of these Covenants and_so long as BGT owns Lots J, 2, 3 or 4, BGT reserves the right to veto any such action. 29. Rules & Re!!Ulations. The majority. of the owners pf Lots 1-5 may adopt reasonable rules and regulations for the purpose of regulating the operation. of the Plaza, inclucling the activities of the MainteIlllDCe Director, provided however that such rules and regulations will supplement and complement these Covenants and will not be in conflict with these Covenants. . 21. . Remedy. No breach of these Covenants shall entitle any party to cancel, rescind or otherwise terminate these Covenants. However, such limitations shall not affect in any manner any other rights or re1l'!edi~ which su~h party may have hereunder by reason of any such breach. 22. . Tenants. NotWithstanding any provisions herein to the contrary, these Covenants do not create any rights in any tenants on the property to te.pnina,te or cancel any lease, to - 11 - .. . -.- (( II' .. ". I~~:.j .-:'lltB r).:.m, ( ( .' . RECEPTION NO. F070Se56 vacate their premises or to bring any action for any damages as a result of any failure of the owners to abide by any terms of these Covenants. 23. Enforcement Provisions. No owner will make use of any of the easements granted herein in a manner inconsistent with the other owners' rights of access to and use of any Lots. Injunctive relief sball be available in the event of.violations or threatened violations of any portion of these Covenants. 24, Notice. Any and all notices sball either be personally delivered or mailed, first class postage pre-paid to any owner at the address set forth In any deed by which the owner '1/ takes title to the Lot, or to such other address such owner requests in writing. If mailed, notice ! will be effective 2 days after mailing. 25. Arbitration. Except for the right of the Maintenance Director to enforce any lien, or the rights of . any owner to o.btain.temporary or preliminary injunctive relief in the event of any dispute between the owners. of the Lots, the owners sball submit all disputes to binding arbitration under the commercial rules of the American Arbitration Association, the decision of which shall be binding upon the parties and sball be enforceable under tbe laws of the State of Colorado in any court of general jurisdiction located in Jefferson County, Colorado. The parties agree that the arbitI:ator sball have the power and authority to award costs and attorneys' fees to the prevailing party in such amounts or proportions as its deems reasonable. If no commercial arbitration rules exist, the arbitration shall be conducted pursuant to such rules . cbosen by the American Arbitration Association. If the American Arbitration Association is no longer In existence, any party may petition any court of: general jur1sd1ction located in Jefferson County, Colorado to appoint an arbitrator who shall determine the rules of arbitration. Any final decision of the arbitrator shall be specifically enforceable under the laws of Colorado then In effect. In the event any owner obtains prelimii1ary injunctive relief, the issue of pennanent injunctive relief sball be determined by arbitration, unless the court granting such preliminary relief makes It permanent within 60 days after granting such prelim;n"i' relief. 26. Obstmctions. No obstructions sball be erected or permitted which will in any way interfere with any rigbts granted by these Covenants. _ 27. CCIOA. The Plaza is solely a commercial development and is not subject to the Colorado Common Interest Ownership Act, Colorado.Revised Statutes, _C.R.S. 38-33.3-101 ct. scq. or the. Colorado Subdivision Laws, C.R.S. 12-61-401 ct seq. 28. Protection Amns! Peroetuities Rule: In the event any provision herein is void under the rule against perpetuities, such provision will not be void until 21 years after the death of the last survivor of the group comprised of the mother of Queen Elizabeth, the current Queen of England and those of her issue living at her death. , , '''~ - 12- .'~ 1::::- :.1'....... "'1~ ( ( RECEPTION NO. F0705236 29. Miscellaneous . A. Modification. Except as otherwise provided herein, these Covenants may be modified and amended by a writing duly signed by. 75% of the ownership interests as defmed in Section I1.B(I) and ~y the holders. of any first mortg!lges or deeds of trust on the Lots whose owners have approved such modification or amendment, and upon such event such amendment shall be binding upon said parties, their heirs, suc~ors and .assigns. Notwitbstaiuling the foregoing to the'contrary, for a period not to exceed 3 years from the date of these Covenants and ~o long as BGT owns Lots, I, 2, 3 or 4, BGT may unilaterally amend this provision to require great')r percentages for approval. B. Severability. If any provision of these _Covenants is declared void or invalid, all other provisions sh.all remain in full force and effect ,?J C. Construction. Unless these Covenants require otherwise, words denoting the singular may be co~ed as denoting the plural, and words of the plural may be construed as denoting the singular, and words of one gender may be. construed as denoting such other gender as is appropriate. . D. . Headinf!s. The heading of each section is for organization purposes only and is not to be construed substantively. E. Sunersede. These. Covenants supersede the. Covenants Conditions and Restrictions recorded on April 4, 1997, and in the event of a conflict between the .Covenants Conditions and Restrictions recorded April 4, 1997 and these Covenants, IhCSll Covenants shall control. . F. Effect Lots 1,2, 3, 4 and 5, Blue Grass Terrace, shall be subject to these Amended and Restated Covenants llIld these Amended and R!:state<t Covenants shall be binding on the owners, successors and asSigns of said Lots. In the event It is determined that these Amended and Restated Covenants, or any part hereof are void or invalid with respect to any Lot whose current owner has not executed this document, Lots 1,3,4 and 5, shall continue to be subject to these Amended llI!d R~ted Govenants which shaU be binding upon said Lots, their owners, successors and assigns. -. 30.. Exoonsion. In addition to other rights reserved, the owner of Lot 5 reserves the right to make and permit future amendments to the Development Plan, the Plat and these Covenants to allow for: subdivision of any Lots which are 11 part of the Plaza; and the annexation of any property which is adjacent to the Plaza to .become a part of the Plaza and subject to these Covenants ("new lot"). If a new lot is added to the Plaza, then the new lot shall be charged with and its owner shall pay a proportionate share of costs and expenses based on square footage, and the pro-rala shares as described in Section ! I.B(l) shall be adjusted accordingly. [fusage from any subdivided lot or new lot generates a disproportionate amount of traffic on Streets A and B comp~ to the traffic generated frl'ID.!lther lots, the Maintenance .13 - ( ( . -RECEPTION NO. F0705e56 . . Director may assess 11 surcharge against a subdivided lot or new lot so that the share to the subdivided lot or the new lot of the total cost and expense of maintaining Streets A and B is based upon traffic countS rather than'lot size. Any amendment to the Covenants allowing for the subdivision of a lot or adding a new lot shall be eff~ve ullOn the recording of a document by the owner of Lot S stating that it is an amendment pursuant to the powers set forth io this section. The c~ange in Section 11,B(1) allowing l:br the subdivision of Lot 4 Into Lot 4A and 4B shall be considered an amendment pursuant to the SupeIl>J:ded Covenants and purSUlUlt to this Section. The owner of any new lot or subdivided lot shall be the beneficiary. of any easements described in Section 3 (Ingress-Egress Easements Across Portions of Lot S), and Section 4 (Utility EasementAccoss portions of Lot 5). The Maintenance Director may restrict traffic ingresslng and egressing any subdivided lot or new lot from using any access easements I ~ other than Streets A and B. At the time any new lot is added to the Plaza, the owner of Lot S shall have the right by amendment hereto to impose additional restrictions 011 any new lot and to grant rights for the benefit of any Ilew lot as would be equit.able tQ the other lot owners. The rights of the OWller of Lot S as.$& forth in this section shall terminate when the owner of Lot S no longer owns any other lots within the Plaza. IN WITNESS ~OF, these Covenants bave been entered into as of the date first above written. BGT, ENTEltPRISES, L,L.C., - a Colorado Limited. L~abililY Com any T L L ,I - 14 - '. .~ :!-.,,', ( ( . . ..-.... RECEPTION NO. F070525b , . ------- ACKNOWLEDGMENT c::OUNT OF ""'-~~ } } ss. } , ',' STATE OF COLORADO Acknowledged before me this ~ day of ~~ . 1998 by Terry N. Oman, manager and member, GarY .D. Oman, manager.llIl member and Barry M. Oman, manager and member ofBGT Enterprises, L.L.C., a Colorado Limited Llabili~..Glopy. 1'7 .....:.~~.r."...~lI..: Witness my hand and official seal. l$~''i' iF tit-.. C">o } :i/f,~ f ::;~ \':: My conunission expires: -.s" c\,,"dC><> , % .. \ f ~ . Q) if ~ ~ i.~'" - :::> .';Sf <t-p...... ~ .:-' "'llo_oI!:"i " ....(., ~ ~""I( .....u. .c~"" ...... ~'''.tl; '5" ..~...~ ~~ .' "'t!e~'" . ~ [SEAL] NotaIy Public CONSENT AND SUB9RDINATlON BY DEED OF TRUST ~OLDER . Joe D. Brown and Blue Grass Ranch, Inc., as the holders of 2 separate Deeds of Trust I!ow securing Lots I, 3, 4 & 5 as recorded at Reception No. 88038675 on April 25, 1988 and .Reception No. F0219535 on February 19, 1996, hereby consent to and approve the foregoing Amended and Restated ..covenants, CooditioJlS and Restrictions ("Covenants") and agree that said Deeds of Trust sball be jUllior to and subordinate to the Covenants. .~B4~ Joe Brown Blue Gl'ass Rauch, Ine. By:~eB-~~ Jo . Brown, Prestdent - 15- '" .~ ( ..~ . ....~ '. . ., " , . ACKNOWLEDGMENT STATE OF COLORADO COUNT OF ~~-~ } } ss. } Acknowledged befoI!' me this ..-1L day of. <;,.,~~_......",... Brown. Witness my hand and official seal. [SEAL] ~-'d\'aeo, ~ Notary Public ACKNOWLEDGMENT My commission expires: ( I .. .' 1998 by Joe D. I & ......"t..~, .~ ~~. "I, ...Jo"~'f...;;'f'."': 0'..'...... ~l~......... ....~J..:..~ i"'/.~. U .\~~ -,;::.<1 --... ;! .' ~1.J.'6< i1)o: "" ~ ~i..g "'a'" g ::::> '....' :\ ",.' ~ q, .' .., '. 4(" 0.. .. of! , ~","' ~ """",.... Acknowledged before me ibis -1L day of. ~~ r --- . , 1998 by Joe D. Brown, President of Blue Grass Ranch, Inc. Witness my hand and official seal. My commission ex~m %.~"\."';;leo.\ ~~ Notary Public [SEAL] -,..,.-_..\ .' - . AfTftl ~c.,/l\);tJ(;.. To: l,..~s: f ~-k..~J tsG-T 'U.J 8305 Sf....b3W l-\\\Le40 Co I ~LIIO - 16- ~I' . '\ ,~~ ..<> r.,t. "-'" (JA"'~ '. .' ~.).. ""-,k'~ l ff.... ll: ~ ....~% ::li g; t.:.J \S~ ~: : .-. . to . g:: ;~'. 0 · ~ :...' ..~~~...?!" Q. /' "..( ...... ~" ~ ~"I"ft.. :~.,<;i t11'~:;! ....1 NOV/22/2006/WED 10:01 AM ALBERTA DEVELOPMENT FAX No, 303 771 4086 p, 002 o o ,. . . . ~ ~ =---- RECEPT! ON NO. , F0705e56 ~_. - ., 15. ~ The owners of Lots 1, 2, 3 and 4 shall manage and operate or cause to be managed and operated the businesses on the respeotlve Lots as part of a oomplex of retall stores, restaurants and offices for oommercial enterprises whioh are a part of a first class development. _ 16. _ Prohibited Uses. NQ ,lmsluess on the Lots will be opoorated in violation of any zoning or USe oclin.aJ:tce or in violation of the Development Plan, as it may be amended from time to time, The following uses on the Lots shall also be p~hibited - ea) any public or private nnlaanco; (b) any obnoxious odor; (c) any dust, dirt or fly ash in excessive quantities; (d) any unusual fire, explosion, or qther damaging or dangerous hazards; (e) any distillation, 10 _rclinlng, smelting, agriculture 01' mining operations; (f') any :'second hand" store Or government "surplus store"; (g any t:raJleJ; 90l)r,t, Jabor camp.. jwl1c yard, stock yard or animal raising, other than a pet shop; (h) any drilling for _ removal of subsurface substll4ces; (i) lUlY dumping, disposal, incineration or reduotio~ of garbage or refuse; ~dlD_ any fire, bankruptcy sale or auction house operation; (k) any adult book or adult video tap" store (which are defined as stores in which more than 5% of the number -of inventory items are not available for sale Or rental to children under 18 years of age because suoh inventory explicitly deals with or depicts human sexuality); (1) a billiard or pool hall uuless incldental.to a restaurant or bar; (m) a game parlor, video game parlor or similar entertainment center unless incidental to a restaurant or bar; (n) massege parlor; (0) danoe hali except El8 part of a restaurant, night plub or cabaret; (p) _ting, leasing or sale of motor vehicles or trailers; (q) any industrial or manufaoturlng pUl"pOses, except these that are Incidental to !lIlY approved retail use; er) auditorium; (8) meeting hall or other plaoe of public necessity; oCt) off.track betting b\lsiness, bingo parlor,. or sifillar games of chance; (u) bowling alley; (v) skating riPk; (w) car repair, and (x) oar renM agenoy. Notwithstanding the foregoing to the contrary, any current use 01). any Lot shall not be restrioted by the above proluoitions, and the oWner of said Lot may oontinue to operate such use so long as it is operated continuously. 17. Exclusive Use. Except for Lot 2, no other Lots in the Plaza may be used for a fast-food restaurant except suoh other tots may be used"for fast-food restaurants whose sales are primarl1y chicken and/or f1$h. A ."fast-food restaurant" shall be defined to_ be a free-standing restaurant concept that specializes in q;u1ck service and has no table service. Bagel shops, coffee shops and snbmarlne sandwich shops shall not be considered as "HUlt-food restaurants" under this definition. Any exception to this exclusive \lse provision 1l1.tst be approved in Wl1ting by the owner of Lot 2 which approval will not be nnreasonably withheld. The owner of Lot 2 shall indemnify and hold BOT lUld all other Lot owners ha:cm1ess from any claims, demands md liabilities whatsoever, including reasonable attorneys' fees llSJu,",_ult of any legal action challenging the validity of this clause. .. .10 - . '~1 'i,~'. tl ~ ,"''' ....,JR. '.'_7_ , '_,~ ~"~.,' '." , '" ....- Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, state Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow.Up: ISUP0701 IQuail Creek Investors Iclo Andy Olree IGuaranty Bank Iclo Design Edge 15460 S. Quebec St., #100 IGr~"'d \fillage, CO 80111 1303-7714004 15025 Kipling St. /Arvada, CO 80033 I 14975 IKipling Street Iwheat Ridge, CO 80033 ICrane lA~ti~~ Quarter Section Map No.: ISE16 Related Cases: IwA0702 Case History: SUP to allow a drive.thru acility with setback ariances . . . Review Body: lcc APN: 139-164-04-004 2nd Review Body: I 2nd Review Date: I Decision-making Body: lee Approval/Denial Date: I Reso/Ordinance No.: Conditions of Approval: District: IIV Date Received: 1119/2007 Pre-App Date: 110/19/2006 CITY OF WHEAT RIDGE 18/13/86 3:23 PM cdb OUAIL CREEK INVESTOR RECEIPT NO:C822451 AMOUNT FHSD ZONING APPLICATION F 288.88 ZONE PAYMENT RECEIVED AMOUNT CK 1832 288.88 TOTAL 288.88 CITY OF WHEAT RIDGE 11/24/86 18:21 AM cdb QUAIL CREEK INVESTOR RECEIPT NO:C822681 FMSD ZONING APPLICATION F ZONE FMSD ZONING MISCELLANEOUS ZOMI PAYMENT RECEIVED CK 1834 TOTAL AMOUNT 188.88 1.88 AMOUNT 181.88 181.88 November 15, 2006 ~~~~~/)~ /1-/::1-0 U City of Wheat Ridge Community Development Department I, Lesley Halley, own the property at 4971 Kipling Street and I have some concerns about the Special Use Permit the Quail Creek Investors are requesting on the property located at 4975 Kipling Street. A drive-thru pick-up window in the project could adversely affect the business of the Burger King if the drive-thru pick-up window is for another fast-food restaurant. In a conversation with the owner of the Burger King business a few months ago, he mentioned that it is agaiust the covenants of the Blue Grass Terrace Development to put another fast-food restaurant with a drive-thru pick-up window in that area. I have not been able to find any documentation stating that covenant and the owner of the Burger King business is out of town until after the neighborhood meeting. When he returns, I will see if he has any documentation of the covenant he mentioned. I would like it to go on record that I am opposed to a drive-thru pick-up window in the project if it is associated with a fast-food restaurant because of the possible negative impact that would have on the Burger King business. A few months ago, I was contacted by Panda restaurant infonning me that they were thinking about moving into this location. I would be opposed to this business moving into this location because I would consider it to be a fast-food restaurant. After speaking to Meredith in the Planning Division, she mentioned that the Quail Creek Investors were possibly thinkine about another bank and/or a Starbuck's with a drive-thru pick- up window being located at 4975 Kipling Street. I would not be opposed to either one of these businesses or something similar moving into this location. IEyou have any questions about my concern, please call Lesley Halley at (970)225-9254. Lesley Halley 2742 Coal Bank Drive Fort Collins, CO 80525 Citv of Wheat Ridge Notice of Neighborhood Input Meeting Ouail Creek Investors will be applying for a Special Use Permit on property located at 4975 Kipling St. A neighborhood meeting will be held on November 21. 2006 at 6:30 PM at The City of Wheat Ridge offices- 2nd floor meeting room. 7500 W. 29th Ave.. Wheat Ridge, CO. The purpose of the Special Use Permit is to allow a drive-thru pick-up window in the proiect. The City of Wheat Ridge has adopted a requirement that prior to any application for a Special Use Permit an applicant must notify all residents and property owners with 600 feet and invite then 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 ofthe meeting will be entered as testimony, it is the public hearings in front ofthe Planning Commission and City Council where decisions are entered. If you want input in the decision making process, it is imperative that you attend the public hearings. The kinds of concerns residents nornlally have include the following: . Is the proposal compatible with surrounding land 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 stornl drainage go? . How will the project be designed to enhance rather than detract from the neighborhood? . What specific changes can be made to 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 W. 29th Ave Wheat Ridge, CO 80033 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of W"heat Ridge Date: November 21, 2006 City Staff Present: Meredith Reckert Location of meeting: Second floor conference room Wheat Ridge Municipal building Property address: Lot I, Bluegrass Terrace Subdivision - 4975 Kipling St. Property owner(s): 4975 Kipling Street Property Owner(s) present? No Applicant representatives: Peter Cudlip, Steve Combs, Glenn Anderson Existing Zoning: C-l, Commercial-One Existing Use/Site Conditions: On the property is a 3600 square foot one-story structure most recently used as a bank with drive-through. Applicant's Proposal: The applicants would like to demolish the existing building and construct a 5000 square foot multi-tenant building. One component of the building would be a drive-through use requiring a special use permit. There were no attendees from the neighborhood present. -...J - 0) (J1 ~ UJ - r- ;"5 :5 5' /' "" -l v. I U\ r - / "0 o r tr t 5 'L d , r ) c. r (f: J \' t' r' N -" r\ i \ --r fil, --0 '''' (\ l ! \jJ .!' ,,-' \.\ -\ () v.., ]11_ ~ j 1\1 '", I- Ii' o L- \j) -,- ~ v' -\ <:> I' C , ~ t r 1"1' ~ o , \) ^ , L" ~ o \J> 2' ~ .... ..., .... Z III 3 CD - )> 0. 0. ., CD (II (II "'tl r m )> en m "'tl ~ Z -I en '0 CD (') III C (II CD '0 .I:>o~ Z co 3 0 -...J -. < 01- (1) ,,(0)3 -- .. c- 'Oe!..t.,)(1) ~. 0" 0 "" l.C:E"'tIN enlllS~~ qo. N CD:::::!. 0 CD < 0 -CD I 0) - ::J" ., l: - III (') - '< III - Jam arid Smudge Free Printing Use Avery@ TEMPLATE 5160@ - - Current Resident 9930 W 49th Ave Wheat Ridge, CO 80033 Current Resident 9920 W 49th Ave Wheat Ridge, CO 80033 Current Resident 10200W49thAve Wheat Ridge, CO 80033 Current Resident 10101 N 1 70 Service Rd #170 Wheat Ridge, CO 80033 Current Resident 4885 Kipling St Wheat Ridge, CO 80033 Current Resident 4901 Kipling St Wheat Ridge, CO 80033 Current Resident 5002 Kipling St Wheat Ridge, CO 80033 Current Resident 5010 Kipling St Wheat Ridge, CO 80033 Current Resident 5050 Kipling St Wheat Ridge, CO 80033 Current Resident 9751 W 49th Ave Wheat Ridge, CO 80033 Current Resident 4990 Kipling St Wheat Ridge, CO 80033 Current Resident 4980 Kipling Sl Wheat Ridge, CO 80033 Current Resident 4900 Kipling St Wheat Ridge, CO 80033 Current Resident 9750 W 50th Ave Wheat Ridge, CO 80033 Current Resident 4945 Kipling St Wheat Ridge, CO 80033 Current Resident 10100 W 50th Approx Ave , CO 80033 Current Resident 5045 Kipling St Wheat Ridge, CO 80033 Current Resident 5025 Kipling St Wheat Ridge, CO 80033 @09~5 @AlIElAY @ ^1I3^''-0!l-008-~ WO)'A.laAe'MMM www.avery.com 1-800-GO-AVERY - - ~ AVERY@ 5160@ Curr t Resident 10185 4 e . e, CO 80033 Curre Resident 4890 ... St eatRidg~ 80033 Current Resident 10051 N 1 70 Service Rd #170 Wheat Ridge, CO 80033 Current Resident 5016 Kipling St Wheat Ridge, CO 80033 Current Resident 5100 Independence St Arvada, CO 80002 Current Resident 9725 W 50th Ave Wheat Ridge, CO 80033 Current Resident tOl60 W 50th Ave Wheat Ridge, CO 80033 Current Resident 10201 W 49th Ave Wheat Ridge, CO 80033 Current Resident 5071 Kipling St Wheat Ridge, CO 80033 @09~5 weqe6 al zas!l!ln ap!deJ a6e4"1S ~ la a6eJJnoq!lUe uo!ssaJdWI Jam and Smudge Free Printing Use Aver/" TEMPLATE S160@ Dennys Realty Inc Rash PO Box 260888 PIano, TX 75026 Motels L L C Mjb 3300 NW Jefferson St #103 Blue Springs, MO 64015 K & G Petroleum Llc 9777 S Yosemite St #120 Lone Tree, CO 80124 7 -eleven Inc 2711 N Haskell Ave Dallas, TX 75204 Leiserv Ine 1 N Field Ct Lake Forest, IL 60045 Erland Stenberg & Mary Ann Stenberg 4691 Chileno Valley Rd Peta1uma, CA 94952 Crossroads nrch Of Denver Inc 9901 W50thAv Wheat' ,CO 8 33 Spasco LId 109 N Post Oak Ln #550 Houston, TX 77024 @09~S @AlIaAY ~ - www.avery.com 1-800-GO-AVERY - Mountain S9 Llc PO Box 117508 Carrollton, TX 75011 Gary Lee SteWe 14040 W 58th Ave Arvada, CO 80002 Richard Emest Walker Jr. Mary Lynn Walker 5823 Zang Ct Arvada, CO 80004 Antoinettes Car Wash Inc PO Box 16507 Denver, CO 80216 Crossroads Chnrch Of Denver 9901 W 50U1Ave Wheat Ridge, CO 80033 Arvada Ridge Market Place Llc 9135 Ridgeline Blvd HigWands Ranch, CO 80129 Ridge Metropolitan Dis Kipling 6399 S Fiddlers Green Cir #10 Greenwood Village, CO 80 III Bgt Enterprises 8305 S Wadsworth Blvd Littleton, CO 80128 A1I3^\1-o9-o0S-~ WO)"AlaAe"MMM - - ~ AVERY@ 5160@ Robert Mcgaw & James Mcgaw 10185 W 49th Ave Wheat Ridge, CO 80033 Kipling Land Lie 4890 Kipling St Wheat Ridge, CO 80033 Antoinettes Car Wash Ine 3755 Wazee St Denver, CO 80216 004 George Nesvadba 329 Parkview Ave Golden, CO 80401 5000 Kipling 5978 Eldridge Ct Arvada, CO 80004 Lesley Halley 2742 Coal Bank Dr Fort Collins, CO 80525 Bp Products North America Iuc 4101 Winfield Rd Warrenville, IL 60555 Foothills Bank 4975 Kipling St Wheat Ridge, CO 80033 @091S weqe6 el zeS!l!~n ep!deJ e6elp\lS I? ~a a6eJJnoq!~ue uo!ssaJdWI Imp.eosion antibourrage et a sechage rapide Utilisez Ie gabarit 5160@ Target Corporation PO Box 9456 Minneapolis, MN 55440 @09~S @AlI:lAY \!l - www.avery.com 1-800-G0-AVERY - Genuine Parts Co 2999 Circle 75 Pkwy SE Atlanta, GA 30339 " / '\ / A1I3^'<I~09-008-~ WOJ',uaN'MMM - - ~ AVERY@ 5160@ @09~S 31'<fldVll31@,ueA'teSn 6u!~U!Jd aeJ~ e6pnws pue wer Current Resident 9930 W 49th Ave Wheat Ridge, CO 80033 Current Resident 9920 W 49th Ave Wheat Ridge, CO 80033 Curre 10185 Resident 9th Ave o 80033 Current Resident 10200 W 49th Ave Wheat Ridge, CO 80033 Current Resident 10101 N 1 70 Service Rd #170 Wheat Ridge, CO 80033 Current Resident 4885 Kipling St Wheat Ridge, CO 80033 Current Resident 4901 Kipling St Wheat Ridge, CO 80033 Current Resident 10051 N 1 70 Service Rd #170 Wheat Ridge, CO 80033 Current Resident 5002 Kipling St Wheat Ridge, CO 80033 Current Resident 5010 Kipling St Wheat Ridge, CO 80033 Current Resident 5016 Kipling St Wheat Ridge, CO 80033 Current Resident 5050 Kipling St Wheat Ridge, CO 80033 Current Resident 9751 W 49th Ave Wheat Ridge, CO 80033 Current Resident 5100 Independence St Arvada, CO 80002 Current Resident 4990 Kipling St Wheat Ridge, CO 80033 Current Resident 4980 Kipling St Wheat Ridge, CO 80033 Curi'ent Resident 9901 W5~ Wh~ge, CO 80033 Current Resident 4900 Kipling St Wheat Ridge, CO 80033 Current Resident 9750 W 50th Ave Wheat Ridge, CO 80033 Current Resident 9725 W 50th Ave Wheat Ridge, CO 80033 Resident 4975 Kip 80033 Current Resident 4945 Kipling St Wheat Ridge, CO 80033 Current Resident 10160 W 50th Ave Wheat Ridge, CO 80033 Current Resident 10 I 00 W 50th Approx Ave -_....""~-,,---- ,~ Current Resident 10201 W 49th Ave Wheat Ridge, CO 80033 Current Resident 5045 Kipling St Wheat Ridge, CO 80033 Current Resident 5025 Kipling St Wheat Ridge, CO 80033 Current Resident 5071 Kipling St Wheat Ridge, CO 80033 Dennys Realty Inc Rash PO Box 260888 PIano, TX 75026 Motels L L C Mjb 3300 NW Jefferson St #103 Blue Springs, MO 64015 K & G Petrolewn LIc 9777 S Yosemite St #120 Lone Tree, CO 80124 7 -eleven Inc 2711 NHaskellAve Dallas, TX 75204 Leiserv Inc I N Field Ct Lake Forest, IL 60045 Erland Stenberg & Mary Ann Stenberg 4691 Chileno Valley Rd Petaluma, CA 94952 Of Denver Inc Spasco Ltd 109 N Post Oak Ln #550 Houston, TX 77024 City~Ridge 7500W hAve Whe Ridge, 0 80033 Mountain S9 LIe PO Box 117508 Carrollton, TX 75011 Robert Mcgaw & James Mcgaw 10185 W 49th Ave Wheat Ridge, CO 80033 Kipling Land LIc 4890 Kipling St Wheat Ridge, CO 80033 Gary Lee SteWe 14040 W 58th Ave Arvada, CO 80002 Antoinettes Car Wash Inc 3755 Wazee St Denver, CO 80216 Richard Ernest Walker Jr. Mary Lynn Walker 5823 Zang Ct Arvada, CO 80004 Antoinettes Car Wash Inc PO Box 16507 Denver, CO 80216 George Nesvadba 329 Parkview Ave Golden, CO 8040 I Crossroads Church Of Denver 9901 W 50th Ave Wheat Ridge, CO 80033 5000 Kipling 5978 Eldridge Ct Arvada, CO 80004 Arvada Ridge Market Place LIc 9135 Ridgeline Blvd Highlands Ranch, CO 80129 Crossr s Church Of Denver Inc 9901 W 50 'dge, C 033 Ridge Metropolitan Dis Kipling 6399 S Fiddlers Green Cir #10 Greenwood Village, CO 80111 Lesley Halley 2742 Coal Bank Dr Fort Collins, CO 80525 Bgt Enterprises 8305 S Wadsworth Blvd Littleton, CO 80128 Bp Products North America Inc 4101 Winfield Rd Warrenville,IL 60555 Foothills Bank 4975 Kipling St Wheat Ridge, CO 80033 Target Corporation PO Box 9456 Minneapolis, MN 55440 Genuine Parts Co 2999 Circle 75 Pkwy SE Atlanta, GA 30339 *----------------------------: MetroScan / Jefferson Owner :Dennys Realty Inc Site :9930 W 49th Ave Wheat Ridge 80033 Mail :Rash PO Box 260888 PIano Tx 75026 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:1 YB:1980 Pool: *----------------------------: MetroScan / Jefferson (CO) Owner :Mountain 89 Llc Parcel Site :9920 W 49th Ave Wheat Ridge 80033 Xfered Mail :PO Box 117508 Carrollton Tx 75011 Price Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:2 YB:1980 Pool: BldgSF:22,944 Ac:2.25 *_uh_n__n_uuu____nn_: MetroScan / Jefferson (CO) :_u___n_n__n_* Owner :Mcgaw Robert D Parcel :042785 Site : 10185 W 49th Ave Wheat Ridge 80033 Xfered : 02/11/2004 Mail :10185 W 49th Ave Wheat Ridge Co 80033 Price :$250,000 Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:1 YB:1961 Pool: BldgSF:1,367 Ac:.22 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Mjb Motels L L C Parcel :043374 Site :10200 W 49th Ave Wheat Ridge 80033 Xfered :01/10/2005 Mail :3300 NW Jefferson St #103 Blue Springs Mo 64015 Price Use :2111 Vacant/Commercial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: .54 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Mjb Motels L L C Parcel :072159 Site :10101 N I 70 Service Rd #170 Wheat Ridge 80033 Xfered :01/11/2005 Mail :3300 NW Jefferson St #610 Blue Springs Mo 64015 Price Use :5179 Misc/Commercial,Mixed Use Land Phone Bedrm: Bath: TotRm:2 YB:1975 Pool: BldgSF:91,571 Ac:5.29 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Kipling Land Llc Parcel :109723 Site :4890 Kipling St Wheat Ridge 80033 Xfered :03/28/2006 Mail :4890 Kipling St Wheat Ridge Co 80033 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:1 YB:1978 Pool: BldgSF:4,966 Ac:.50 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Shell Oil Products Us Parcel :110018 Site :4885 Kipling St Wheat Ridge 80033 Xfered :06/28/2006 Mail :N/Avail Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:1 YB:1998 Pool: BldgSF:3,472 Ac:.69 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :K/G Petroleum Llc Parcel :110019 Site :4901 Kipling St Wheat Ridge 80033 Xfered :12/01/2005 Mail :9777 S Yosemite St #120 Lone Tree Co 80124 Price Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:1 YB:1968 Pool: BldgSF:2,203 Ac:.57 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Stehle Gary Lee Parcel :110020 Site :10051 N I 70 Service Rd #170 Wheat Ridge 80033 Xfered :03/15/1991 Mail :14040 W 58th Ave Arvada Co 80002 Price Use :2112 Com,Improved Land Phone :303-423-6485 Bedrm: Bath: TotRm:1 YB:1969 Pool: BldgSF:3,769 Ac:1.17 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Antoinettes Car Wash Inc Parcel :131720 Site :5002 Kipling St Wheat Ridge 80033 Xfered :01/19/1999 Mail :3755 Wazee St Denver Co 80216 Price Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:1 YB:1980 Pool: BldgSF:2,820 Ac:.47 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :7-eleven Inc Parcel :134306 Site :5010 Kipling St Wheat Ridge 80033 Xfered :04/21/2000 Mail :2711 N Haskell Ave Dallas Tx 75204 Price :$320,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:1 YB:1976 Pool: BldgSF:4,000 (CO) Parcel Xfered Price Phone BldgSF:6,062 :----------------* :004310 :02/15/1990 Ac: .41 :----------------* :004647 :08/06/1998 AC: .39 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 :Walker Richard Ernest Jr Site :5016 Kipling St Wheat Ridge 80033 Mail :5823 Zang Ct Arvada Co 80004 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:1 YB:1977 Pool: *----------------------------: MetroScan I Jefferson (CO) Owner :Walker Richard Ernest Jr Parcel Site :5050 Kipling St Wheat Ridge 80033 Xfered Mail :5823 Zang Ct Arvada Co 80004 Price Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:1 YB:1977 Pool: BldgSF:11,000 Ac:1.28 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Leiserv Inc Parcel :164167 Site :9751 W 49th Ave Wheat Ridge 80033 Xfered :12/30/1991 Mail :1 N Field Ct Lake Forest II 60045 Price Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:1 YB:1982 Pool: BldgSF:36,342 Ac:3.21 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Antoinettes Car Wash Inc Parcel :183378 Site :5100 Independence St Arvada 80002 Xfered :01/05/1999 Mail :PO Box 16507 Denver Co 80216 Price Use :2177 Vacant, Commercial, Limited Size Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: .37 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Nesvadba George Parcel :184249 Site :4990 Kipling St Wheat Ridge 80033 Xfered :07/06/2000 Mail :329 parkview Ave Golden Co 80401 Price :$2,800,000 Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:1 YB:1984 Pool: BldgSF:21,600 Ac:2.18 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Nesvadba George Parcel :184250 Site :4980 Kipling St Wheat Ridge 80033 Xfered :08/01/2000 Mail :329 parkview Ave Golden Co 80401 Price Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:1 YB:1984 Pool: BldgSF:21,745 Ac:1.24 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Crossroads Church Of Denver Parcel :184254 Site :9901 W 50th Ave Wheat Ridge 80033 Xfered :08/01/2003 Mail :9901 W 50th Ave Wheat Ridge Co 80033 Price :$2,880,000 Use :9159 Exempt,Church,Land Phone :303-421-3800 Bedrm: Bath: TotRm:1 YB:1985 Pool: BldgSF:40,691 Ac:2.77 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Kipling 5000 Parcel :195494 Site :*no Site Address* Xfered :04/15/1973 Mail :5978 Eldridge Ct Arvada Co 80004 Price Use : 1177 Vacant, Residential, Limited Size Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: .09 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Stenberg Erland L Parcel :198909 Site :4900 Kipling St Wheat Ridge 80033 Xfered :04/13/2005 Mail :4691 Chileno Valley Rd Petaluma Ca 94952 Price :$2,900,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:1 YB:1983 Pool: BldgSF:11,416 Ac:2.59 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Arvada Ridge Market Place Llc Parcel :208875 Site :*no Site Address* Xfered :12/31/2004 Mail :9135 Ridgeline Blvd Highlands Ranch Co 80129 Price :$7,109,800 Use :2111 Vacant, Commercial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:3.00 *----------------------------: MetroScan I Jefferson (CO) :----------------* Owner :Crossroads Church Of Denver Inc Parcel :403066 Site :9750 W 50th Ave Wheat Ridge 80033 Xfered :12/15/1987 Mail :9901 W 50th Ave Wheat Ridge Co 80033 Price :$1,018,000 Use :9159 Exempt,Church,Land Phone :303-421-3800 Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: 1. 30 (CO) Parcel Xfered Price Phone BldgSF:4,000 Ac:.33 :----------------* :----------------* :134307 :09/09/1998 :$750,000 Full :134308 :08/31/1998 :$750,000 In/onnation 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 :Crossroads Church Of Denver Inc Site :9725 W 50th Ave Wheat Ridge 80033 Mail :9901 W 50th Ave Wheat Ridge Co 80033 Use :9159 Exempt,Church,Land Bedrm: Bath: TotRm:2 YB:1988 Pool: *----------------------------: MetroScan / Jefferson (CO) Owner :Kipling Ridge Metropolitan Dis Parcel Site :4975 Kipling St Wheat Ridge 80033 Xfered Mail :6399 S Fiddlers Green Cir #10 Greenwood Village Co 80111 Use :2112 Com, Improved Land Phone Bedrm: Bath: TotRm:1 YB:1967 Pool: BldgSF:3,612 Ac:.86 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Halley Lesley Parcel :430385 Site :4945 Kipling St Wheat Ridge 80033 Xfered :02/28/2003 Mail :2742 Coal Bank Dr Fort Collins Co 80525 Price :$1,330,000 Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:1 YB:1998 Pool: BldgSF:3,453 Ac:.73 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Spasco Ltd Parcel :430386 site :10160 W 50th Ave Wheat Ridge 80033 Xfered :08/01/2005 Mail :109 N Post Oak Ln #550 Houston Tx 77024 Price :$1,100,000 Use :3111 Vacant, Industrial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: 1. 88 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Bgt Enterprises Parcel :430388 Site :10100 W 50th Approx Ave 80033 Xfered :03/14/1997 Mail :8305 S Wadsworth Blvd Littleton Co 80128 Price Use :3111 Vacant/Industrial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:.96 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Bp Products North America Inc Parcel :430916 Site :4900 Kipling Approx Wheat Ridge 80033 Xfered :01/26/2001 Mail :4101 Winfield Rd Warrenville II 60555 Price Use :2111 Vacant/Commercial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: .38 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :City Of Wheat Ridge Parcel :436278 Site :10201 W 49th Ave Wheat Ridge 80033 Xfered :07/18/2005 Mail: 7500 W 29th Ave Wheat Ridge Co 80033 Price Use :3112 Ind, Improved Land Phone Bedrm: Bath: TotRm:2 YB:1973 Pool: BldgSF:78,278 Ac:3.41 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Arvada Ridge Market Place LIe Parcel :447473 Site :5045 Kipling St Wheat Ridge 80033 Xfered :12/31/2004 Mail :9135 Ridgeline Blvd Highlands Ranch Co 80129 Price :$7,109,800 Use :2111 Vacant/Commercial Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:1.22 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Foothills Bank Parcel :447474 Site :5025 Kipling St Wheat Ridge 80033 Xfered :06/07/2005 Mail :4975 Kipling St Wheat Ridge Co 80033 Price :$1,138,700 Use :2112 Com/Improved Land Phone Bedrm: Bath: TotRm:1 YB:2006 Pool: BldgSF:9,013 Ac:1.31 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Arvada Ridge Market Place LIe Parcel :447477 Site :*no Site Address* Xfered :12/31/2004 Mail :9135 Ridgeline Blvd Highlands Ranch Co 80129 Price :$7,109,800 Use :2177 Vacant/Commercial/Limited Size Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:2.34 *----------------------------: MetroScan / Jefferson (CO) :----------------* Owner :Target Corporation Parcel :447478 Site :5071 Kipling St Wheat Ridge 80033 Xfered :12/31/2004 Mail :PO Box 9456 Minneapolis Mn 55440 Price :$3,500,000 Use :2l12 Com,Improved Land Phone Bedrm: Bath: TotRm:1 YB:2005 Pool: BldgSF:174,853 (CO) Parcel Xfered Price Phone :303-421-3800 BldgSF:62,516 Ac:5.37 :----------------* :403604 :04/12/1988 :----------------* :430384 :06/16/2006 Ac:14.68 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 / Jefferson Owner :Genuine Parts Co Site :*no Site Address* Mail ,2999 Circle 75 Pkwy SE Atlanta Ga 30339 Use :2111 Vacant, Commercial Bedrm, Bath, TotRm: YB, Pool, (CO) Parcel Xfered Price Phone BldgSF, :----------------* ,448861 ,07/06/2006 ,$490,717 Ac,.89 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. ******************************* * Search Parameters * ******************************* * Jefferson (CO) * 11/8/2006 * 10:45 AM * * * ******************************* Parcel Number. ..34 39 164 00 007 39 164 00 009 39 164 00 025 39 164 04 002 39 164 04 003 39 164 04 004 39 164 04 005 39 164 04 009 39 164 04 015 39 164 00 018 39 164 00 019 39 164 00 020 39 164 00 021 39 164 04 010 39 164 06 007 39 164 06 008 39 164 06 011 39 164 06 012 39 153 00 007 39 153 00 013 39 153 11 001 39 153 11 002 39 153 11 003 39 153 11 004 39 153 11 005 39 153 11 009 39 153 00 008 39 153 14 006 39 153 14 008 39 153 14 010 39 153 14 011 39 153 15 001 39 153 15 002 39 153 99 001 I i I I i a 5~ i~ i i i i , i i i i i i I i i i ~" ) I \, ;' I , i , i ~L-~ .", ...- ~ ..oI1ll"'~- . ,',~ y =m ,.m 00'" ... (2\I{l4lJ (200'" Torr ...", ,0Ul \1"'<12"1 ~~ 00." 9 -!--7G-RAMP-.-' -. -. _.-, ! \ I , i j ,- I I I ! I I ! I I ! ! I ! ! 1 i , j l I i I I I I i ! ! ! I ['-.- I 1 i I i 1 ! ! I I i I ! ! ! I I. r'-'--'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-- i i I i j'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-.-.- I 1 _._._._.~._.__._._._._'_.__._._._._._ f'-'-'--'-'-'-'-'~ ! ! I ! , I I I I ! I I i ! I .i ~ it :< i i I I i i I i i i i I .., " , 1'005"1 (1"20') .. ! ~ , (15020') 11-{109 , , 11-009 00 ".. ~~ " Ki!'Ji!ljl 5000 . Pk ;; 0";02') 0 ~ (1:!aWI J 11-001 ~ 11.000 l - ,om 1"'70") 1'''00') (".00') "31170') ~ 'PIi~~O P~ \".161 3 ""1) ~) ,~, "'&01 J".' -"1 y \ ~ t ~ ".000 . 3 , ~ 11.005 ~ . , ~ /~.:::::-.:--.........-;~~ 2) ~~- ',,- """,,,. _# " \,~1.>'1 ."' ~. F f i """ ~ ~, { ".. 55 , , ), 12" . , ; 14-011 ~ " Kipling 50 0 BUG. Pk >0'3-1' ".. . ; 14-008 (<"..n (,.q'"'l>TJ ~. 1 99-001 , t .,,,, ;p1'~' """ - - I <"""01'l I I I i I "'" ; I . ! \ I , i ~ "'''1 I (14"'1 i \. , I .. I \ """ i I ; ! \.....1 I ! '~ ! '..... ! ......k..... I lMlO3 , I . , ! I 1"."1 I ('''''1 ! . I I , I ~ 13-002 y ! 13-001 ~ //' ,.' (Z0l1'1 / Kipling 5000 Bus. Pk // I'oo~n 13000'1 (". i I ! I I ! ! I"'" _. _. _L. _. _. _. _. -.-. -- -. -.-.- ('''001 00--011 ~ .., ,~~ (11166"1 "'" ~~ ll; :i "'" "U~ (<0170"1 .-IN-49-~AV-e.-.-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'- 1"""0'1 ~m q -. , ;l., - 33 "" IS'" ~ {5rOO CY ~8rinY'$lAdd i o ~ ..." ~ B (lOOM -.-.- .-'-' .-'- 76 15-003 1'""""1 (1"00') , ~ ""m "'" 1l535<l1 15-004 ; -.- -.-.- -'--- -'-'- -'-'--I~TB"""D-._._.__ ._._._.-._.-.-._.-._.-._.-.~~~~.-. -.-. .-'-'-'-'-'-.-.- .-.-.-. (l5llm (21'0111 .-.-.- (:1016"1 ,". (40Sro1 , (',,"60") (13550') ~., ~., . .' ., ," \~"' / 00-001 r j." "''' 3/- /fPl 0\/ /=' i i ~ ~ s , , , (lO3:lllll'l /,.- ...., ??.oo, '00::'" P58"''l 148229') ....--' .- 00.001 ...~ / \....-' i/ .----- (;'00" I'lOO41, 04-003 ,/ S~.lnd Pk i , . , ; r .- - " .. (10000') , / " . , ~ 04005 ,g.,,. '" 114SOZ) ~."' J (3862<') .; ! . " ., ::;I ??.oo1 ! - - ~.OO .. " ow (50013') (I:l45G') ~,g,'" v .. ~~ ~" 00.018 \~16 (6:1'''') / _/,,::'~'- -- -- ~ ~ i \ ~ f__L~ ! I I I ! ! ! ! I ! ! I ! ! I i ] 8 ! . ! I I ! \ i I ! ! I 1-- - - - - - - - - -- - -- - - -- i I ! I ! I j I i ! I j I I I \ i _________________ !-- I i ! I 1------------------- i ! ~~-~-~~---~~------- j I i ! -, , -.-.- _._._._._._._,_._._._._.~7~RAMP-'-'-'-'-'-' _.-'- -.-.- -.-,-.-.-.-.-.-.-.-.-.-.-. '-.-.-.---,=:.==-'-'-'-'-'-' -.-.- -'-'- -,-.-.-.-.-.-.-.-.- -.-.-.-.-.-.-.-.-.-.- - - '. II ('IIun ". ~ , a I i I I \ I I I I H. ~ it Sl' I I I i I I I i i i j I 11-001 ~ ,. 11"00; ("800; piing 5000 PI. ".., . ~ (1'361' (1'35\1 - 11.(103 . Kipling 5000 Bus, Pk , 11-005 , 11"~ i 1t.4Z3ll1 ; 11.(104 , , , , " \',,,,,'' , , 000>7 1150..81 ~ ~) "\/\ ., 14-011 .. ~~ ,4< Kipling 5000 S"", Pk ,. 1,..eT) (l'q""lm ~~ ~ ~ 1 99-001 [ w"", , , .00 (1'''''1 (lO.WI .;$'00..013 " , '" 122'111 (122""1 ". 15.(1lmenn 's Add ~ ~ OMl13 o , ~!! (\0100') ,. ~aaJ~S ~, @ -z ;osJ \ @ \ ~ '-CJ 6u!ld!)1 o ~~gt-=~ ~iE~O~ ci o '" .,..!... ~ N ~([) a: .... 1@ ~@ ~'--j. @ ~~--- @ CIl CIl <( c: M @ Cl w ::::l -' a:I '-~ @ .. ~ a: .... @ o . ~~g~~ A' ii::!::::!luaiii 5;2a::i g BU!ld!)1 eo 1\SJ ~@ ~ 8 ~ C/) 0: @ ~ @ O:N w, a:: @ ~~ Cl w .... 5 ~ci '" @ ~ 0:;; "'.. a:: w a:: 3 w III I- '\ w ~ ::l ....I co "' @ '--.~ '-...... '~ @ ::.::: a:: ~ ....I @ <C a: I- C/) 1 ::l .. @ C I- !5: u <l 0: I- C/) a:: w c ~ ~ ()3 ~ -8 iii ::::> /JJ w In v) l? ~. lfl 60 I I ___1 , ! , I I / /"/, , -, ;...-c ""~ .1":: PID TALMAR INDUSTRIAL :!! PARK "' WZ-75-8. CONTAINER SYS"TEMS MINOR SUB COORS GLASS CONTAINER FILING NO, 1 WZ-82-4 PID ....----- / PID ~. / , I - -_.....//' - - ----- ----- - --- -- wz-n-16 WZ-93-4 __J.:L-:o:;:",g:;'_2\~::.':';;;9-~; ----------- --------------- -_/' ...- .--- .--- / ARVADA ___ _-,:!.'1i2.'K3T.tI..QIF~ ___ --- --- -'--- ....---- / /1'------ ~.-;;~- ",- \l) ~ ~ ~ --; Y-":.9:::t5';;:;j'/.... L&K ~ , I PID WZ-OIJ.2 WZ-72-32 ~ ....- ;"{;c"\>>--,. - /;?",'PID .... ,'---PID- BECKERliiDUSTfML /'/j.o" WZ-12-16 'WHEATRlDGE PARK AMEND. .~ PID //o~- 70 WEST N WAREHOUSE;;: WZ-95-13 ')0 INDU5TRI~L PAl'; :!: ' 0'_ WEST 1-70 FRONTAGE RO NORTH SUP-90-7 10101 " ~ r-----.-. NE21 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) --- WATER FEATURE SE16 * DENOTES MULTIPLE ADDRESSES @ o 100 200 XX) 1j(X) feci; ~ 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) DEP ARiMENT OF PLANNING AND DEVELOPMENT MAP ADOPTED: June 15, 1994 last Revision: September 10, 2001 \9 , '" , \l) ',0:' "<1-; . Narrative ofthe proposed redevelopment of the Southwest Corner of 50th and Kipling for the Wheat Ridge planning staff pre-application meeting which is scheduled for October 19, 2006 at 2pm. Quail Creek Investors proposes to redevelop the approximately 33,545 square foot former Foothills Bank property into a multi-tenant retail building of approximately 6,000 square feet. Negotiations are underway with Starbucks to lease the northern 1,750 square foot end-cap of the building, There would be two or three additional tenants in the building, Uses could include financial, cell phone store, quick serve restaurant or other retailers allowed in a C-I zoning district. The redevelopment is planned for a fall 2007 opening, Proposed ingess and egress for the project is shown on the site plan, The right in! right out access point from Kipling Street will continue to be shared with Burger King, A full movement ingress/egress entry on the west side of the property, A right in! right out is proposed onto 50th St. Also Enclosed: I, $200,00 pre-application fee 2, Improvement survey of property- to scale 3, Alta Survey (11"X17") not to scale 4, Proposed project plan- prepared by Design Edge 5, Copy of cover page of Blue Grass Terrace ODP 6, Aerial photo of site l! ,. III , "!I"I ,l!! g ~ ~! " I ;i:li;l ilr. I..', JII! 15 ji II - ~ IlIl! }!l!!! ~ III ~.I:;Ei t:I~ S~i1~ 0 I ~li III ~!,II!I Q ~z d II ~~ , !!!! l'" ,jl J ~~~ Ii II I ! . I !i~ ~ OW ~~~ ,I !11l!llh 'II ~I Ii!! Ii I ~ .\ji , ' _ " il ~~~ ,i!' , III p I Iii' l;I~. o! ! 0( ~~~ ~ '!I iii il'li I,ill!! . 0 ;;1: ; '" I' ' , .:, a: z ~s~ Iii Ili bi .lll;!;11 iii!, WI! Ii:; ,-, 'i I ili ...ffi ~ ~~~ .~.~" ,! - ~- .'!!! ~ Iii! 1': ~oo~ \1iI i i:t!l!; ~l! ..... ~ ~~ ~ 6" I ~~ en ~ ~~~ Ii I!I I'll, -1'-1 >!I l! Ill-ILl'!! III ~ ~ ~:~ ; Mi!'! ." I~l! I' I' !dl! Ii a: ~ g~a rnd~~~ i iilt i .j~~i~ ~ ~~ i i~;t ~~ 1ft <i. ~~~ ~~:~:~~1!~~~ I '-' t5 z .~ ~~d~-'d~"d"; t! ~ I W ~ ~~~ 1~~~mUn , I"! i 1 i ji! ! !'! ~ ..... q:rn!;;: ~qd""<>"""!l i~d ; Hi I b l:i ~ .-I gnw 'l!! .. I~r ~ . t! :d ~ b1! ~ gli:! i "',m" ! ,1!,1 II ~'!I i~ I ! !l' 5~~ . l j', il .!!, il!! j! ~ " Ie..,,,.... I I!II Ii> 'lhi II!! I jOW .~. ! 'il, ! j ,I'!l !!. I I ~""'f';: Id~~~~~~U~ ~ i~!{li l ~~e ;I~~" . " ~~~ .. . .. .. 11!!il!-0-1 i ,!:; ,I'llll! i i "u d"'! il" I,!', "I I . '" ~~" i....JIII, liil'll'll!ll! ! 11111 }j \ \ '~_~ _ _ ~____~_ 1,1 i ':iil:i!,j'i!',: 1;: I ~ \',~~~~ ________nu~io i.i'l'illlll" """ __ ~ '"-- i nms $/70/% . i!!~ ~ !!III.!I!~~j~~I~ji i i ii ill ~n " !.Ii '~, r ,I ,I ~ ,i! I~ DID:!! b I~ " ",II I~ I' \' I l I I . I' il " ~ . ,!il, :,1, ~~~ 0 It ." moo "'.,... 'V3>Ol "'"""VHl..MUltol.. ........w. -""....,... \ll I 1 ~ ! I~ i l~ ,111_0-1 ' 1I11! I,ll I!'!, ' I~'l .!Uiil, 'e...':' rf ,~o II " ' I' ' Ii 'I' ,- , j~d(~;\ ; '~i."">.,,, <I j"...,;;;'1' -',- _:a_! .. I" t I . I i~,; : till to ~ _ 5~ ~~;';- ~~~,::~,; L IZ ' J~;~T ; , u ~\. ~ - ,ll-:l~.;l y;~ ~ :f'\..,C>.. \\'e.~0'e.) iJ,~ ~ pl"f!. .'-IJ' """"-"._ "I ,?<Z>\ (w. ( .'~". DeT.4Cl-EO 6l"""",, LA 9'" ~----'-~--- Ii ./ ..-----/ 9'" S,Ie>& G.5.F, ~TAII. ~ .-.'--" ~ ~ ~ .----- 6'-10" lB'.O" 24'.{)' 16'.0' 10'-0' 62'-0' 6l"""",, H " Ii &TllGe' ........... E TI No.FO~ LOT :; 1I ~ I "'~.~ItICil-IT.c::t=-lll4Y' EXl-'AN&1ON Met! LOT 2 I- ~ ill i~ lit S I- d) ~ Z -1 (L 'L 120'-01 (DSITE PLAN l' .. ~O'-iY I DESIGN EDGE I architecture interior design 18212>-6 FF1'EENl1-I &TFlSET DENvER. CG\.~ emm TELEf'IoICtEI (3D3J2U-'T2T1 ALBERTA DEVELOFMENT FARTNERS, LLC Project NUMber SI-IEET NO, Reference Drawlng(s)l SITE FLAN I DATE. 1D9~21-'" APPROXIMATE UMITS OF RIP RAP AROUND DRA1NAGE SUMP N31'S1'48"W 34.81' ASPHALT PARKING LOT 1 1 1 1 1 1 1 1 1 .1 1 1 Il -h ~r I ..,1 I- -:-1 :':: I iE I I 1 ~I 0.9' DIAM. METAL POLE FORSlGN EXCEMIOIn (RECEP. NO. 2006073409) -;;' PICKET WOODEN ><NeE D~lO' 6'26" R~11S. 0' L~20.2 ' C=Nll' 'OS"W 20.2 " 6.6." (, ASPHLT I ~ EXISTING \I ~ Lor 1 3D' DRAINAGE EASEMENT ....:. ; EXISTING __ \ (RECEPTION NO F0384500) I O' UTILITY EASEMENT--- -\ (REM INDER 33,545 SQ FT. 2 PARKING SP~~ ECEP110N NO. F0384500) 'll' 8 0 77 AC) .@!"F'm"L'l1ftl r""-,.-.. \I'o'~ . . CONCRE.J'E.oo"" I d..J._I...).::'- ASPHALT PAR.!S,l!lI~OPS PARKING LOT ..;('fYPICAL) I 6' F~g~EN" \ /' I ...'> 11 ARK! G S? CES EXlS11NG 15' PEOESTFiIAN EASEMENT (RECEPTION NO. FOJ8450D) " " 0' b~ .0 < - POINT OF BEGINNING OF EXCEPTION un5__ ~.l 1m ~1 f: I~ \~ fi ~. ~H_ H----.,,---h "*" c!.> ~CENTERUNE"OF j .".. _ -&361- ASPHALT .VALLEY PAN ." A$Pl1.WloT--__ .". --".<<r{iNG lOT - __ 30 j... b- ~ 'oLl)~j:~~ . 10.... N . Pcoc-iO r"-Nt")Z II II II II OOC...lU (:;10' PRIVATE ROAD AND ACCESS, EMERGENCY ACCESS &c U nun EASEMENT) (RECEP110N NO. FD384-5DO) ~ :t"~ ~. . . M ~ R"": OR 8 1 1 0.8 SPACS 61' lm2 PROPOSED RIGHT-Of-WAY EXPANSION FROM LOT 2 ... ~ '~'.~ (BURGER KING RESTAURANT SITE) NOTE: THERE ARE 39 REGULAR PARKING SPACES AND 2 HANDICAP PARKING SPACES MARKED ON LOT 1 AS SHO'M'l. 4 APPROXIMATE UMITS OF DRAINAGE SWALE RIP RAP ~ 20 '--'" scal~ o 20 .0 1....20. reet !ill I!Jhj OC ~ G ~ ~ ... ~ lIEGEiolD 'J;C flRE HYDRANT tXJ WATER VALVE @ WATER METER @ STORM DRAINAGE MANHOlE @ SANITARY S~ MANHOLE Q') TELEPHONE MANHOLE I!l TELEPHONE PEDESTAL 11'I CABLE TV PEDESTAL [EJ ELECTRIC TRANSfORMER OR PEDESTAL 9- POLE wi OVERHEAD UGHT <Q, UTlUTY ROLE '*' unuTY POLE wi OVERHEAD UGHT o {/4 REBAR W! CAP, OR CONCRETE NA1L wi BRASS TAG MARKED: TST 22564 TO BE SET ill ________ UNDERGROUND PIPE AS DESCRIBED i IFGAI o:FSCRIPTlON _ FUTURE RIGHT-OF WAY LOT 1 LOT 1. BLUE GRASS TERRACE, ACCORDING TO THE RECORDED PLAT THEREOf, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO. EXCEP11NG THEREFROM THAT PORTION OF SAID LOT 1 DESCRIBED IN THAT OEED RECORDED AT RECEPTION NO. 2006073409. LOT 1. LESS THE EXCEPTION CONTAINS 33.545 SQUARE FEET. (0..77 ACRES) t.lORE OR LESS. Gl'NI'RAI Nn~ = L THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND THE INFORMATION REGARDING EASEMENTS AND RIGHTS-Of-WAY WAS TAKEN SOLELY FROM THE RECORDEO PLAT OF BLUE GRASS TERRACE AND DOES NOT INOICATE A TITLE SEARCH BY TST INC. OF DENVER. 2. ANY UNDERGROUND UTlUl1ES SHOI'fN HEREON ARE APPROXIMATED AS LOCATED BY FlaD SURVEY ;:-ROM EXIS11NG SURFACE EVIDENCE. OTHER UNDERGROUND U11UTY UNES AND SERVICE UNES MAY EXIST FOR WHICH THERE IS NO SURFACE EVIDENCE. AND THIS SURVEY SHOULD NOT BE RElIED UPON FOR CONSTRUC110N WITHOUT FIRST CONTACllNG TI-lE APPROPRIATE AGENCIES OR AUTHORITIES. ~ , < , . , . c.IY. d-M.c.c lOT1ALTA-TOPO SUR~'S CERTlACATE TO QUAIL CREO< INVESTORS THIS IS TO CER11FY THAT THIS MAP OR PLAT AND THE SURVEY ON WHIOi IT IS BASED WERE MADE IN ACCORDANCE WITH THE "MINIMUM STANDARD DETAIL REOUIREt.lENTS FOR ALIA/ACSM LAND TITLE SURVEYS: JOINTLY ESTABUSHED AND ADOPTED BY ALTA AND NSPS IN 2005. AND INCLUDES ITEMS 1. 4, 5, 7(0). 8, 9, 10. 11(0), AND 17 OF TABLE A TliEREOF. PURSUANT TO TliE ACCURACY STANDARDS AS ADOPTED BY ALTA AND NSPS AND IN EFFECT ON THE DATE OF lHlS CERTIFICATION, UNDERSIGNED FURTHER CER11F1ES THAT IN MY PROFFESSIONAL OPINION. AS A LAND SURVEYOR REGISTEREO IN lHE STATE OF COLORADO, THE RELA11~ POSl11ONAL ACCURACY OF 1liIS SURVEY ODES NOT EXCEED THAT WHICH IS SPECIFIED THEREIN. ~~ PROFESSIONAL LAND SURVEYOR COLORADO REG1STRA110N NO. 22564 NOTICE:: ACCORDING TO COLORADO LAW, YOU MUST COM~ENCE ANY LEGAL AC110N SASED UPON ANY DEFECT IN lHlS SURVEY Wlll-lIN THREE YEARS AFTER YOU FIRST DISCOVER SUa-l DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN 11-IIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF TliE CER11F1CA110N SHO'M'l HEREON. _~!t~/€L__ DAiE THIS SURVEY PLAT WAS PREPARED FOR THE EXCWSlVE USE OF 11-IE PAR11ES AS NAMED IN THE CERTIFICATE AS SHOYM HEREON. SAlD CER11FlCATE DOES NOT EXTEND TO ANY UNNAMEO ENTITY OR PERSON WITHOUT AN EXPRESS RE-~TlFlCATION BY THE SURVEYOR NAMING SUCH PERSON OR ENTITY. ~ ~ ~ 00 G:i ~ i !!J ..J I- ~ IQ ~ ::!: 00 o ~ !:i <</; o !::I ~ 9 rn-8 ~ . ~~ w~ 1-0 000 ~~ ~oo OC WIJ,I ~I!. ..JI!. oow .-=;l -uJ l5~ ..J!::I I!",OC 01- F<</; ~!!! ...::1: t!.~ I!. o ~ g ;D. 1ST 1He. OF DENVER Consulting Engil1"'~rs ""HD."Rf-;.~J-5 = r=20' ":r:!'~200li 1 ~ PRE-APPLICATION MEETING SUMMARY Meeting Date: 19 October 2006 Attending Applicant(s): Glen Anderson, Andy Olree, Steve Combs Attending Staff: Meredith Reckert, Travis Crane and David Brossman Address or Specific Site Location: SW COR of 50th/Kipling (lot 1 Bluegrass Terrace) Existing Zoning: Commercial One (C-1) Applicant/Owner Preliminary Proposal: The applicants would like to demolish the existing building and construct a 5,000 square foot multi-tenant building. One component of the building would be a drive-through use. The building would be of quality architecture with a tower element directly on the corner. The applicants feel that with the construction of a median on W. 50th Avenue, a u-turn movement located at the traffic signal (western entrance into Bluegrass Terrace) is integral. Will a neighborhood meeting need to be held prior to application submittal? Yes Planning comments: A special use permit is required for any drive through use. The special use permit process starts as an administrative review. The following items are required in the special use permit submittal: a completed, notarized land use application, copy of the property deed, a letter of authorization from the property owner (if applicant is not property owner), 18 copies of a site plan set which includes site plan, landscape plan and architectural elevations. Because the proposed building does not meet the required 50-foot setback from the north and east property lines, a variance would be required. The variance to setback can be reviewed concurrently with the special use permit application. Once the required application materials have been submitted, staff will refer the application to affected outside agencies for comment. During this time, staff will perform a technical review of the application materials to ensure all applicable development standards are being met. Staff will return all comments to the applicant. The applicant will then make any required corrections and resubmit for review. Once all issues have been resolved, a hearing before the City Council will be scheduled. The administrative 10-day posting period which normally begins the special use hearing procedure will not occur in this case due to the presence of the variance request. Staff has no authority to grant a variance of this magnitude administratively. Therefore, City Council will hear both the special use permit and variance request. The Commercial One zone district has a minimum 20% landscaping requirement. One street tree is required for each 30 feet of street frontage. Additionally, one tree and ten shrubs are required for each 1,000 square feet of landscaped area. An adequate number of parking stalls must be supplied for this development. The required number of parking stalls is based upon the size of the usable space in the building in conjunction with the projected use of the space. Retail uses are required to supply one parking stall for each 200 square feet of usable area. Restaurants are required to supply one parking stall for each 75 square feet of usable area. Areas such as kitchens, hallways, restrooms and mechanical areas can be omitted from the parking calculation. The application process will begin with a neighborhood meeting. Staff will generate a list of landowners and tenants within a 600 foot radius of the property. The applicant will be responsible for creating a letter inviting all interested parties to a neighborhood meeting. This meeting is a good place to gauge neighborhood concerns and interests. A staff member must be present at this meeting Public Works: An informational handout was distributed at the pre-application meeting. The site must incorporate water quality measures to ensure compliance with the Clean Water Act. All drainage must be released at rates not to exceed historical flows. Parking lot detention is allowed, but the run-off must be filtered. A median will be constructed along W. 50th Avenue which will restrict access to the eastern most entrance point of Bluegrass Terrace. Other comments: After speaking with the Engineering Manager, it appears that the signalized intersection at W. 50th Avenue and the western entrance to Bluegrass Terrace will not accommodate a u-turn movement. He feels that the roadway width (2 lanes in each direction) will not support a safe u-turn movement in this location. Feel free to contact Mr. Nguyen directly to discuss this matter. A sample neighborhood meeting letter, commercial building handout, land use application, fee schedule and special use permit flow chart have been included in this packet. Contact information: Meredith Reckert, Senior Planner - 303.235.2848/ mreckert@cLwheatridqe.co.us Travis Crane, Planner II - 303.235.2849/ tcrane@cLwheatridqe.co.us David Brossman, Development Review Engineer - 303.235.2864/ dbrossman@ci.wheatridqe.co.us Steve Nguyen, Engineering Manager - 303.235.2862/ snquven@cLwheatridqe.co.us 50TH AND KIPLING :.. ",>~6 CS ~;:h~rci e:ii..;, .".il ~"'i;1('i"~ i'v~d..Sv'." ".,- UK~ )ii ~;'P'''0 O'd 'C~',' b' os~-,'~;',:: _Ad;";' E,,~, ,.-,..".; ion~-", i"~iG':rL 'f< ''':JCf,i~'\,V.,,;;,~':'G6' 2)300_'.'i'-": j '6:'2%6 y1ifbfd'fi.'!fjjf'jjJ{ff!!15. Feet CB RICHARD ELLIS - - H ~ ~ ;. "- '% ~ KIPLING STREET N A LOT 1, BLUE GRASS TERRACE A PARCEL IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO 2000 0 ~ - scale SHEET INDEX, 1 2 3 4 "" .- \f~C~~UN w.ff' 2000 4000 1"=2000' feet COVER SITE PLAN LANDSCAPE PLAN BUILDING ELEVATIONS PAGE 1 of 4 CHARACTER OF' DEVELOPMENT THIS FINAL DEVELOPMENT PLAN CONSISTS OF THE FOLLOWING: 1. A 6,500 SF COMMERCIAL BUILDING. 2. A PARKING LOT CONSISTING OF 31 STANDARD PARKING STALLS AND TWO ADA ACCESSIBLE PARKING STALLS. 3. TWO WATER QUALITY PONDS. 4. ASSOCIATED LANDSCAPING WITHIN ALL OPEN SPACE AREAS WITHIN THE SITE. 5. DOMESTIC WATER AND SANiTARY SEWER SER\-1CES TO SER\-1E THE PROPOSED BUilDING. 6. A DRIVE THROUGH IS PROPOSED THAT REQUIRES USE BY SPECIAL REVIEW. 7. A VARIANCE IS REQUESTED FOR THE BUILDING SETBACK TO KIPLING STREET. LEGAL DESCRIPTION - LOT 1 LOT 1, BLUE GRASS TERRACE, ACCORDING TO THE RECORDED PLAT THEI~EOF, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, EXCEPTING THEREFROM THAT PORTiON OF SAID LOT 1 DESCRIBED IN THAT DEED RECORDED AT RECEPTION NO. 2006073409. LOT 1, LESS THE EXCEPTION CONTAINS 33.545 SQUARE FEET. (0.77 ACRES) MORE OR LESS. SURVEYOR'S CF.:RTlFICA TE I, MICHAEL C. CREGGER. BEING A REGISTERED lAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY OF THE lOT 1, BLUE GRASS TERRACE WAS DONE UNDER MY DIRECT SUPERVISION AND THE DIMENSIONS SHOWN ARE CORRECT TO THE BEST OF .MY KNOWLEDGE. 100 YEAR FLOOD PLAIN, THIS PROPERTY is NOT SUBJECT TO STREAM FLOOD ENCROACHMENT; ONLY OVERLAND FLOWS FROM THE RESPECTI\-1E WATER SHEDS ABOVE THE SInE. THE ABOVE is BASED ON iNFORMATION CURRENT ON ______ AND IS SUBJECT TO CHANGING CONDITIONS AFTER SUCH DATE. MICHAEL C. CREGGER COLO. P.L.S. 22564 9222 TEDDY LANE, LONE TREE. CO 80124 CERTIFICATION DATE SUBMIT1ED: JANUARY 5, 2007 {VARIANCE SUBMITTAl~ ~ [==:J f'-fr'- );'( C=::J 00 Ill_ * LOT 1, BLUE GRASS TERRACE A PARCEL IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO LEGEND ~s"t ~~\l~ 50~ P\ .' '~s:dC'CC~i QL "> . .....-. /iU., ...... /./."':. . 'CJ' ..,i ~-"'r6-' . '---~ :, '.- . .' '~..', '~__!i ., E!l'~o<"'~ ._.C ",' ,;,----':';,;;:>- " ~..~..:.:? ;,.... ......, . ,,., STORM SEWER CATCH CURB OUTFALL CURB ACCESSIBLE CURB SIDEWALK BUILDING PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR EXISTING CURB ok GUTTER PROPERTY UNE EXISTING WA lERUNE EXISTING SlOEWALK EXISTING TELEPHONE EXISTING. ELECTRIC EXISllNG UGHT POLf EXISTING CONCRETE PAVlNG EXISTING SIGN \ \ \ ,1,', \'"~." -1)--\/ 'fl,,~U~E. ./~ \~~ )l.\S1\~---- \~~ ~ - EXISTING \'tli RIGHT-IN. .~i~ RIGHT-OUT ?t' Ace \ \.~-+ ....':\~, . ......-........- '\ \. ""~,--- ,'\\ 'j '\1'\\ 'I \ .\._l~~..~tl.~.~.. t i 'I, W l&J il!: ien i(!) iz i:J II i'~ UI-I- - iili i: I ~ L I;:;', I Ii IHI' I r~ ; I II~I I i !I~ )II~ /11'\ . ill I "iJ1If i I "Ii> I I //11 I ~~_:- - / , , , \ . , I, , . , I I , Ii " ti' \! J., yt."":'i11 , i____.. I , , ~~~~~~~-~~-~~~~~~ Oe~o ment Standards Minimum squIred ProvIded <:;jyv Setbacks Front (Kipling) Reor (West) Front (SOth) SIde (South) Bu~ding hei9ht 50' Feet (Max) 33' Lot Size (No Urnlt) Building Coverage Landscaped Area 20% Min. Paved Area Lat Coverage 50' MIN 15' MIN 50' MIN 5' MIN 20.6' 8....3 29.6 50.6 "U a <: > i i;\ WATER\\ QUAe a POND ;0 :2 \ '" i i FULL \ ACCESS \ , ~~ .c:;,,~ ZONING C-' Parking 41 spaces Min. "'1 spaces Accessible 2 spaces Min. 2 spaces SOX Max. 33,545 sf 6,567 sf. 19.6% 8,379 sf. 25.0% 18,599 sf, 55...." 25,166 sf, 75.0" EXlSllNG RIGHT-IN, RIGHT-OUT ACCESS . All area calculations are wIthin Lot 1 of Blue Gross Terrace and do not Include any areas within right-of-way. .. Parking calculatIons: 1 space per 75 GSF usable area required per section 26-501(f). (excludes kItchens, halls, restrooms & mechanical areas.) Unit 1: 560 sf seating areo/75 sf 8 spaces Units 2 & 3: 50% gsf, 1,552 sf/75 sf 21 spaces Unit 4: SOY. gsf, 838 sf/75 sf 12 SpOCOB TOTAL REQUIRED sPACES: 41 , . 13 jSPAcES .. 10 SPACES THROUGH SHARED PARKING AGREEMENT ~ t ZONING C-' /N FUTURE PYLON SIGN :f PAGE 2 of 4 1/ /1 , 1 I l I c$J i I i I I I I I (11 (11 :i Ii il <f) <f) (11 (11 (11 (11 SUBMITTED: JANU_~RY 5, 2007 (VARIANCE SUBMITTAL) DeCAPE NO~ ALL TI":EE& AAf TO 6E &ECOfi1!El.:r GUYEO FOR GtE l'EAA PER DETAU. ALl. TFeE FITS iN 600DEO AAEA$ A1<E TO I<ECeIYE A 2'-6' OlA. 2 1/1' DEPTH $flEDPilO CEDAA tfJl.(;I.I Rtl<ti. NO EDGER 01<: !lEEO ~ F'ASIlIIC 1& 1<EQJI~p. AU I~TI()l OEVELOFMENT 1& TO 6E IN'~, AUTCt't4TIC, ANt> F!<OVIDE IeI0\\ CO'lfRA6fTO ALL.aRfAe. AU 6I-RJ6 ecD& ~ TO 6E l'1.LCI-EP IlmI HlN.)' 0Ef'll.I ROCK OR ceDAR M.lCH. $Ii!UB 6ED6 Al<E TO 61: CONTAINED BY lia'X4' NlEI<1.~ TYPE &TEEL E~ EDGER 1& NOT lOEQJIfi1!EO II.HEN ADJACOO to CIlRB&, WAl.L&, OR !llAl.K$. THEo.l.NERTl-IEo:IlER'$~,ORTHEOoLNER'$A9&~e;lALLMAlNTAlNTHE ~APE/JiJ~L'Y~DFERCJrrOFO~ORDIl<IAHCE. AU tJTlLITT' EASB'1el1e &IlAU. FlEl1AlN ll'lOB6Tl'U::lED AND fU.L T' ACCE&$Iel.E ALCHrI THEIRENTIFlE~fi.lFOR~EQJIft18-ltE'NTR'r. nE ca-nRACT(;fl: 1el1<E~IBLE FOR TlE CO$1 TO 'iiEF'A1R llTILlTlE6, ADJ.ACENT ~,F'Il6LIC AND PRlVAl'E '*'PEFm' TIlAT 16 D~ BY TI4E cat'rRACTOFiOR T\.EIR~OR'SOF'ERATIGtl&OORINGIN$TAl.LAllClNOR~nleSf'ECB'IED MANIDlAl4CE PERlOO. CALL l'Cf;! tlTlLlrr lOCAT~ PRIOR TO /IN( E)<<:AvATlCtl. THE con~TOR $IIA1.L REPORT ANY OI5ClilfF'~ IN. F\.Aol v&.. FlaD CGlOI1tOl& M1EDIATa'r' TO THE L.6l4DSCAf'E ARCHITECT, F'f<lOR TQ cc.mtlU~ Wlfl.l fl.IAT PORl'IClIl OF """" Tl-lECCNTRAC:TOR5UAU. BERE~FORTllE I'!EPAlROFANY'OFlJolElR~OR EXCAvATIc::N$ Tl4AT eET1LE. DO NOT DI5Tll!<BTHE: EXISTING PA\IlN:O,LlGf.lTN:i,~,OR I~TiaIIlHAoT EXI&T6 .AOJACENfTOl\.lE 61TE,l.tU&&OTJ.EFillJIeENOTEO 01 PlAN. ~RTO ~ ~FORGRADm,&lDElU.4l.K ANt> ORArNAGE IN'O!'MATIal AND LOCATICN. AlL ~~MU6.I.. JND~ ~Pl.Al4T~ AAE TO BE EQJAU..,.6PACEO umG TRWW.AA8PACilIG,lJ.lI.E69ll1lO.lN A51~epAClNG.AU. ~ Fl-ANf1NG6 BY 5f'EC1f6AIi'J:: TO 6.E EQUAl.L't' 6PJGED USN:;; SPACnt:;, eIlOUNCN LANOeGAPE F'\.AN$. TF:ENCH oRAN CLEANC\lTS AAE TO SE LOCATED EVER'r Wt1) LHEAA FEET AL.Ctt;. &TIOfETecAPE TJeICl-I DAAne. fI.E CCNTACTOR 1& ~IBLE FGRVERlFYIN::o ALL F'I..6NT Gl.lANTITIE&, AtL FLAm MATi!~At 8I-IA1.L as IlJATEl'EP 6" AN AUTOMATlC,....DE~~ I~Tf~ &'I'$lEM PfiCYlDlNG< ~ COVER66E. llJlOf ~ aY pep.up OF!: ROTOR $PRAT I-IEAO&, &l-IFi!U6$ ANt) TREeS 61' P~P. ALL ~ 6SPEl AI<S TO CCWTAlN A)' DePlll OF ceDAA l"U.CH 0'vfR u.eeo eAlO:i<IER FAeRlC, \NI.E$$ NOTED JJb DRAINA::OE.AREAS TO CGtITAlN coeeL.f$ - !l<E, l..6NDecAPE """ LANDSCAFE CALCULATIONS De&cRIPTleN eN-SItE .""~ ''''AI. "'AREA HIVfN:O AREA 'AI. AREA M~l&F. 2.ea2Sf 8>1~S1'. RECWIiED ., " , ...". sa!1', 2,42251'. RSGllliifD NlA NlA NlA "",,,,'ED NlA " 1 lfAJ0S1', 3.B0151', W.s015.F. RSGl'D. ~ 8.' ~ &, 161 , " PI<OVIDED 1:I.j(E).~ ~, ... lEETlmS rea 'lCLlJDE51 EXISlfNCi DEclDOOUS Tm TO REMAIN !XCEeD& RSQUIRl'P BT 41 eH~ <UeLIvtN:;, AI'EA CAl.cu.ATIt::iNe. BA*D Cf112 YEAR6~. A'IERA5E OF ~ OF MAllJliii:E &FREAD "', , LANDSCAFE OCI-lEDULE 1AFK 15TH6OL1~ ECIPUOUSTREES o FA "" MA ECIDiJC\J&S+I!<LB& eo o AC o '" """""'"- @ HJ 4& >>lIFER.!-m1ES . eJ 40 JJNlFER,e!.UEI'il.G I~TAL"~ ED Fi6 2) FEATI-ER REED GRASS @ Fe. 1:1 Fl..Al1E6AA$$ 'ERENNlALS 4 ~ COVE~ o ec. ~ eA.$KETCiFGOLD o ce w COAALeEL~ o CP I> CALFOI"NtA POPPY o Pi. *' STE.I.A D'OfiO DA~1JL1' o FA 13 FilUA$Ti!R. o FL 11 6U!EfLA)( o f'I.l 211l P""F'l-lLOx ca11'IG>1,^", eor~ICAi.NAl1E , A ~ AUI1ffi M1'LE'" """""""..... EUROPEAN MClNTAIN A5/.l Fl'4lCL'w ~...I(:IlM 'i<au0l11l' f'iJ'.l&eal~'erldrcrc:l' eorbu&<IUCl.IFarll 24D\lW'f~E\l$l 12 ALPlNEalFl:!WIT 4t) OOI.DFI.AHEsPlREA ~IIa\~~M F1Ibotllplllln epffubum~Id5'Gc>IdFIame' Jurllp8N&l"orlZOfll<lUt Jurl_l"orl:zonUlllt\lllI\ollI' Qllama IltaClltlFI<<I'lO:.!fIFcretIOf' M~tlrlslt~ aO(:CN' A~eax5Ulll ~"t.aulns.1 ~lzlaeaIlFcmlC5 HclNrOClllt'elsllaD'Ctt>. AalOflWrldt.R&:l L..,...... Ai<>~p6lltClllau m.. = o = "'" 'E! AI<IlAl' vJF. , gI!lN>lall~'''taBktncl(WCll<.6;.oo6SF) EX~T~ PECIOUOO5 rms TO !lEMAlNiI"l'OTECT ~amTltt.TICtJ) Af>PROXIMATE1-'T'~G8' LOT 1, BLUE GRASS TERRACE A PARCEL IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO I ,,=. I LOT, .fi'~I.BtB 4fr'x*,' IJ3b Gef La AREA 'QlLB.cB 3~'x 20' 12&(;6 Lb. A~ 'ClI.BtB !>'~e' . ."""'. S' ~~' i ."""'. 4'x!>' ."""'. 3',,4' ~ ."""'. 2')(1' I; ."""'. 2',,1' ''''''''. 3' ~2' ''''''''. ~'~ 3' 'IConln'. 1'>;2' ''''''''. 1')(2' ''''''''. r ~ I' 'IConln'. 3')1)' ''''''''. )' ~ 2' 'IConln'. 2',,1' ''''''''. 4'>;1' """"'''''' ;'Cal """" J>> nlJ. ~T14 AveNJE) (E)$.RI6! '0" """""" 00"'''''' WATE. DETENTION. " caB6L LOT' ~PN:BAAKMJLCl.l- IN$TALL~TOl1ATCl-lE!Xl&T~ ~ ~ 141 G5F SOD .""JIl (E)&'-~' DETACI-lED CONCF1.ETE 61DE!lUALK ~ ~ ,. Ii ~ ti ~ ~ ~ ~ ~ (E)~TO ...... PAGE 3 of 4 ~ ~ ~ w ~ w w w w w w .... .... w w ..... ..... , w '" '" ..... .... .... -J.. w ~~ (2)ENLARGEDFLAN 1',liIl'.IIl' ~ENLARGEDFLAN 1'.!IIl'"",,' CAJ.LllTILrrt'NOTlFICATlaII CENTER <::f COLORADO i-800-'322 -1'381 CAW. 2-ElU9lNES6 DAYS IN ADvANCl: 6EF'OI<E 'T'ClJ PIG. CoRADE. OR EXCAVATE FOR 'THE ~ OF 1.tIDe~~UTlLllJE&. SUBMITTED: JANUARY 5, 2007 (VARIANCE SUBMITTAl) I ~evi~l~ns I,,~~ I".~ hu l"~... LOT 1, BLUE GRASS TERRACE A PARCEL IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO PAGE 4 of 4 $TO.~ 132'-9' ~TlI.EIiIXIF ~~;.:~RAPET ~ ~~-'"~~ OFllVE-TI-IIal SYNTHeTIC STUCCO ..,.GI<> """'" S'n{tl.E1'lCS~ Retail """"" &nmmlC &T0IlEf0:>IT to.OFelItti """"","lH ,,- nr~' Cl..EARGLAZlNG &'YNTlETlC ~.~~~ STCte 'tSER ~,~~~ TD.~ ~ / ",,'''' , / &'OlTl-ETlC&TONE / , / S'rlffi.lETk:STCNE "'""" , / , """". , / , FJ'.E. "" """""'" 1Z0'.". ....'.. CML.&3b3hS' CMI...!>3b3,hS' 8ELEVATION "'T \1&'.1'-0' 0~VATION va'. 1'.0' ~. CCt4CRETETILE~ SIGN LOCAtlON5, TrP. Retail $~~.:~ EaEa PAOOED IlCUCIlJI'ETAL PO::lRS, TTP. TO. I~-'" l:l,~~ .""" >T0IlEf0:>IT w"""""'" """""""'" T. "" IW-ll' $~.~ SIGN LOCATlCN&. m<CAl. s'T'NTIElIC S1UCCO """"& """"'CAl. RCCM..,."" / / O. 121ll'.!lI' & Retail Retail Retail &'!'NnET1C:STaE """". TO. 110'-0' , , T.o.1IlAU. \ZI6'.0' / rD.sraE 102'.4' SQl"","" $ :',:J,ae LEDGES - &TNTI4ETIC &TOCCO ""'ENUiAlJ. WllllSTM~ " ltIf)'.l!l CML.&~3.68' sTNTI-ICTIC sTONE Y&eER " ...... CML.S363b&' PANTED METAL OOOR& AT TRAaH EN'"'''''' 0ELEVATION ""T 11&'.1'-", 0~VATlON W'.I'-41' SUBMlnEO: JANUARY 5. 2007 (VARIANCE SUBMITTAl) I Revisions ~1... Il"Iac....I".I..", In.... hv Inrn. hv Inot.. D=SO-27'35" R=24.50' L=2-5.8S' C=S14-0S' 47"W 2 4.67 ...--- ---- ~.- ..- 0=10. S'2S" R= 115. 0' L=20.2 t C=N11. 20.2 ~ Ol. "",> tJ\~ .V' ~ >>~c.P 'S f'1' (/) o (7)' Ol. 00 .0 ~ .. 0U1 .. ~ v ..- rr1 3: :t '" .. N b~ ~ 1.O O~ ON - ~~~~ o 1.O..q. NC\i P<oC\iOt') "'Nt')Z II If' II It Ot:k:-J() I I I~ !-AJ Ct> ~ cv.. Pi /it,8~" ~ ~lri~!JO ,." <0 eo, CO It). C\J'ft:/-1f--,.'ft:/- II II ~ <' ~ Otl:: II II --..J() / / / ,/ / ~/' \ \ \ \ t \ \ \ \ \ \ 1 t l I j I I I I i J I I ~--r~~ j I I J I I / I J / I / / / I I / / / / I f l 0 C]Ol ~J / / / / I ~ ~ /"', ( I'CJ!tJ~r' tLJt I't.)) I'~ Ie)) {], W~ r ~_V t lJ11l\ ,,,.,_.t j l.\fJ~l,j 0 (920 Q.FT, 0.09 A .) D=38-27'34" R=S2.50' L=41.95' C=58S.53'24"E 41.17 l\r]FJF~OXJMArF LJrvll1'S ()F {)R AIf\lA(~E RH~ TR,AFFIC: SI(;tI4AL CONTROL \.~~ \\ \t))\l~ 11~..~.~.>>.~ ~~j\~~ \~ \~ ~J \\ \ \ \ ~ \ \S ~~ ~ "\\ ~ . \:J ~~~ \J ~ ~; ~ 0 ~G~ \0~ r~ j - ~f\],\1~~~~ \ \ \ \ \ \ \ \ \ \ \ \ \ i\- EXISTING \ 10' UTILITY EASEMEN T \ (RECEPTION NO. F0384500) \ \ ~\ \ l i A- ,"'t4 S1~-CS t , """1.'9 6' '\ ~.s ~\ '\ .J. S\\~G sfJ,t.t; 00 ) ~ '(,/--\ \~~ EP; o:)~l!r";) '~c- .. ., 4.. '. ". ',. '.':.', .., '. i ..... t>'(\)'(S\\Z~ ~o. f.'. /.':' . '... : ,'\.. .t~, ~';+', . > .;. .:' . .'.. .- (~~~'(~\\O __, -- \Nf 'C'T ['C;: Y 1 1M "1'e' -MIIIIk~~'~~~------^'- =,~) I c., I \ t,,, I ",) ()F NE\tV ASPHALT 0=67.27'00" PAVIf\lC; R=62.50' L=73.58J C=S33.S6'07nE 69.40 -..-' EiAN~-< BU!L[)ING (VACANT) ,(:()~~ (~f<E TE PARKiNG S'I'()P~3 --~.., l 01 ~ I I I I I I -I I I Ir/ I I I I " I \",1 / I ~ / I I V --I I I 11 I ROCK LINED DRAINAGE s~ . EXIS"nNG 15' PEDESTRIAN EASEMENT (RECEPTION NO. F0384500) RC)OF OVER)-,I Af\JG " ~ N Vv()()[)EN CE ~ 111"- }U to !'> 8~ EXISTING r---l 30' DRAINAGE EASEMENT...J I (RECEPTION NO. F0384500) I ~ 't""- o Z 'lLJ .~ o '., OlA -NCX) :. ~.10l . "'..... . ~. :-Ol :~. 0 C1J o (f) C(~ (REMAiNDE 33,545 SQ.FT 0.77 A .) 11JLJl ~.::.::.J 1'~ ~---.J'.~ .... ~:,?)) c---~, ~ /)) -~ ~.~:~ ~ ~,..,. // r~ ~r~ ~~0 ~~\' ~~:!) ^ ~" '0 ~~ ~~~ .. I llIl.. ~ ~~ ell" ~~ I1ft,i,' .~ .. ci I :r <~r . '" I ~ ~ 1 f~ ; ~~ ~-_.,.~._..: I; -3 I : ~ to ! ,,~~- J N"\ "'" -'-'1- 0 ,- J ~(J) 1.50 S15.42' 48"W 40.32' N88-2S.04"W 180.S~1 ' (BASIS OF BEARINGS) POINT OF BEGINNING [~1 0 lr ~ (REMAI1\! R :)0,~:361 SQ,FT. o 70 AC.) IFUTURE RJ1Wo ( 1 51 0 Q, Fr. 0.03 AC.) l' , ' . ; ; .; -; ~ :: '" ~ .. ~ ~ ~ o (J) ~ EXISTING 15' PEDESTRIAN EASEMENT (RECEPTION NO~ F0384500) SI1)EWALJ( UNDERDRAlf\j KINC; REST ALJRl\f\J T BUILDINC; ~- 't- I J APPROX1MA TE Lltvll D.RAINAGE SWAL.E RIP r~AP ~-""- EXISTING 20) DRAINAGE EASEMENT (RECEPTION NO. F038450Q) 18H [)IAMETE.'F~ BlJr~(;ER KING SIGN 8/\SE ".... SOO.12'29"E 20.00' 589.2 '18ttW 202.11' FOUND CONCRETE NAIL WI METAL TAG IN CONCRETE CURB MARKED: 24949 5~O; GENERAL NOTES: L INFORMATION REGARDING EASEMENTS AND RIGH-rS-OF-WAY WAS TAKEN FROM SCHEDULE B 2. OF TITLE CO~AMJTMENT NUMBERS F204548 AND F204550 PREPARED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, DATED FEBRUARY 14, 2006 AS PROVIDED BY PEREGRINE GROUP AND tNFORMA TION DOES NOT INDICATE A TITLE SEARCH B),r TST INC. OF DENVER. c o +:> 0.. "C o (f) Q) Q 2. ANY UNDERGROUND UTIL! SHOWN HEREON ARE /t\PPROXIMA TED AS LOCATED BY FIELD SURVEY FROM EXISTING SURFACE EVIDENCE. OTHER UNDERGROUND UTILITY LINES AND SERVICE LINES MAY EXIST FOR WHICH THERE IS NO SURFACE EVIDENCE, AND THIS SURVEY SHOULD NOT BE RELIED UPON FOR CONSTRUCTION WITHOUT FIRST CONTACTING 'fHE APPROPRJA TE AGENCIES OR AUTHORITIES. 3. THE PORTION OF THE LOTS SURVEYED HEREON IS CONTAINED WITHIN Tr-fE LEGAL DESCRIPTIONS OF THE FOLLOWING DOCUMENTS, BUT IN WHICH NO SPECIFIC DEDICATIONS OF EASEMENTS OR RIGHTS-OF-WAY WERE APPARENT: A. BLlJE GRASS TERRACE OFFICIAL DEVELOPMENT PLAN RECORDED A T RECEPTION NO. F0384499 4. THE PORTION OF THE LOTS SURVEYED HEREON IS NOT CONTAINED WITHIN THE LEGAL DESCRIPTIONS OF THE FOllOWING DOCUMENTS: A. DISTRICT COURT ORDER FOR INCLUSION IN THE MA TTER OF CLEAR CREEK VALLEY WATER AND SANITAlfON DISTRICT RECORDED AT RECEPTION NO. F0418986 8. STATE DEPARTMENT OF itGHVVA YS SLOPE Ell\SE~AEf\JT RECORDED AT RECEPTION NO~ 81069742 C. STATE DEPARTMENT OF t-HGHWAYS SLOPE EASEMENT RECORDED AT RECEPTION NO~ 83045124 5. THERE WERE NO SPECIFIC DEDiCATIONS OF EASEMENTS ()R RfGHTS-OF-~WAY IN THE DISTRICT COURT DOCUMENT RE: THE MA TTER OF THE ORGANJZA TION OF THE CLEAR CREEK VALLEY WA TER DISTRICT RECORDED IN BOOK 1026 A T PAGE 592 OR IN THE ORDER OF INCLUSION RECORDED IN BOOK 2495 A T PAGE 89 6. INGRESS-EGRESS EASEMEt~TS ARE CREATED ACROSS THE PAVED PORTIONS OF LOTS 1 AND 2 FOR THE BENEFIT OF ALL LOTS WITHIN BLUE GRASS TERRACE AND SHARED PARKING EASEMENT~; ARE CREATED WITHIN LOTS 1 AND 2 FOR THE BENEFIT OF VARIOUS LOTS VVtTHIN BLUE GRASS TERRACE AS DESCRIBED IN THE AMENDED AND RESTATED CQ'VENANTS, CONDITIONS AND RESTRICTIONS RECORDED A T RECEPTION NO. F0705256 AND THE FIRST AMENDMENT THERETO RECORDED AT RECEPTION NO. F0849918 UJ Z o in ~ ~ 4J ~ h:~ 9:~ ~~ ~ '-.... Y) ~2:? ~~ ~ \.) b C,J o ~ '0 & ~ o DRAWN CHECKED DESfGNEO ~ f2 2:? CoW: & MCC. nLE BLUE -GRASS- TERR- ROW-SURVEY' \\\\\\\\UIUiIlIIJI11 . ~~~\ f\0 RE'" fl;//-, ~~~~......~~~~~. ~^~,. C C' · ,.~// .~. ""."i.~ .. ii'~""~~ .~;.. s~.:..~~ Q ....~s::;. -::::;' .....,.. G ~ ~ ..., ...: :';:-:. ~.;:: (j:~ ~{1"\.,,-- ~: l!4 .~. -0: ., i .~_.'.. 1 t ""'., ~ ..~ rI'.:tv/f ~ ~/' ~ .....~ ~,;~ 0" .. .. .. ,. .. .. .. · S~ ~~" I /ftlft.WAL lA~~ ..~\y:~:y," IJ/II/1l1illl\\ \\\ 1J 1/ 0 LEGAL DESCRIPnOti -- FUTURE RIGHT-OF WA Y LOT 1 A PORTION OF LOT 1, BLUE (;RASS TERRACE, ACCORDING TO THE RECORDED PLA T THEREOF, CITY OF WHEA T RI[)GE, JEFFERSON COUNTY) COLORADO BEING DESCRIBED AS FOllOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1, AND CONSiDERING THE SOUTH LINE OF SAID LOT 1 l~O BEAR NORTH 88025J04UWESTj WITH ALL BEARINGS CONT AtNED HEREIN~ RELA TIVE THERETO; THENCE ALONG THE SOUTH LiNE OF SAID LOT 1, NORTH 8S-25'04"WEST, 21..50 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH Ooo08'39"WEST, 50.61 FEET; THENCE NORTH 01-41'36')EAST, 112.40 FEET; THENCE NORTH 31-51' 4S"WES f, 34.81 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG THE NORTH I~\ND EAST LINE LINES OF SAID LOT 1 THE FOLLOWING COURSES: ALONG A NON- TANGENT CURVE TO THE RIGH Tf HA VING A DELTA OF 67027'OO'~, A RADIUS OF 62.bO FEET) AN ARC OF 58 FEET, AND A CHORD WHICH BEARS SOUTH 33056'07"EAST, ,69.40 FEET; THENCE SOUTH Ooo12'29HEAST, 99.98 FEET; THENCE SOUTH ()3054' 47"WEST, 35.64 FEET TO THE POINT OF BEGINNING OF Tl-"HS DESCRIPTI'Ot~, co~~r;t\ft\jf~4(~ S.(jUAF<E FEET') . (O.t)g iAC~RES) MORE OR LESS. I / / / / / / / I EXISTING DRAINAGE / & UTILITY EASEMENT / (RECEPTION NO. F0384500) ~ LEGAL DESCRIPnON -- FUTURE RIGHT-OF WA Y LOT 2 A PORTION OF LOT 2, BLUE GRASS TERRACE, ACCORDING TO THE RECORDED PLA T THEREOF, CITY OF WHEA T RI[)GE~ JEFFERSON COUNTY, COLORADO BEING O'ESCRfBED AS FOLLOWS: BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 2" AND CONSIDERING THE NORTH LINE OF SAID LOT 2 TO BEAR NORTH 881#25'04"WESTt WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE T~'IERETO; TJ--1ENCE ALONG Tf-"IE EAST LINE OF SAID LOT 2 THE FOLLOWING COUR~~;ES: SOUTH 03954t 4 7"WEST, 88.81 FEET; THENCE SOUTH 15"42t 48"WEST) 36.59 FEET; THENCE DEPARTING SAID EAST LINE, NORTH OooQO'OOuEAST, 66.79 FEET; THENCE NORTH 06033.17"WEST, 48.18 FEET; THENCE NORTH OO~08'39"WEST, 9. 77 ~:~EET TO THE NORTH LINE OF SAID LOT 2; THENCE ALONG SAID NORTH LINE, SOIJTH 88~25'04HEAST, 21.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTtONJ CONTAINING 1510 SQUARE FEET, (0..03 ACRES) MORE OR LESS. >= W :> fOb :;:) 00 IF= ~ W ~ W > o Ob ~ ~ SUR\JEYOR'S CERllRCA TE I, MICHAEL c. CREGGER, DO HEREBY CERTIFY TO THE CITY OF WHEAT RIDGE, THE KIPLING RIDGE METROPOLITAf\1 DISTRiCT AND PEREGRINE GROUP DEVELOPMENT THAT THIS IMPROVEMENT SUF~VEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. &::::I 20 0 20 W-~...-= scale 1 H ==20~ DA;/x:1~12--- ~~ ~U~E~O ~ COLORADO REGISTRA TION NO~ 22564 NOllCE: ACCORDING TO COLCJRADO LAW, Y()U MUST COMMENl:E ANY' LEGAL ACTlON BASED UPON ANY DEFECT IN THIS SURVEY WITt-IIN Tt-tREE ~(El\RS AFTER YOU FIRST DISCOVER SUCH DEFECT~ IN NO EVENT MAY ANY ACTION BASED LJPON ANY D,EFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DA TE OF THE CERTfFICA TION SHOWN HEREON. 40 ii1IiiiiiMIEm~ieiiii"":...d feet lEGEND ~ FIRE HYDRANT wv [Xl WATER VALVE @J WA TER VAlJL T @ STORM DRAINAGE MANHOLE @ SANtT ARY SEWER MANHOLE CD TELEPHONE MANHOLE rn TELEPHONE PEDESTAL ~ CABLE TV PEDESTAL ~ ELECTRIC TRANSFORMER OR PEDESTAL 17 STREET LIGHT o #4 REBAR WI CAP, OR CONCRETE NAIL WI BRASS TAG MARKED: TST 22564 TO BE SET UNDERGROUN() PIPE AS DESCRIBED THIS SURVEY PLAT WAS PREC)ARED FOR THE EXCLUSIVE USE OF THE PARTIES AS NAMED IN THE CERTIFJCA TE AS SHOWN HEREON. SAID CERTIFICA TE DOES NOT EXTEND TO ANY UNNAMED E~NTITY OR PERSON WITHOUT AN EXPRESS RE-CERTIFICATION BY THE SURVEYOR NAMING SUCH PERSON OR ENTITY. CERllACA TE OF DEPOSIT: DEPOSITED THIS _____ DAY OF _________________, 20____ IN THE COUNTY SURVEYOR'S LAND S,URVEY/R1GHT-OF--WAY SURVEYS AT LSP NO. --~--------~ IN THE OFFICE OF THE JEFFERSON COLJNTY CLERK AND RECORDER. o c ~ uI~ gd ~O (TbO Cab ~~ 0~ ~8 0:0 ~~ We> ;:=)00 dOC OOw -lb C\I(bb QlY ~~ -<uI y:=~ 00!e 1F0b o d~ IYbW O~ IF~ OCIYb :fo ~ c:::::a o TST OINICe Of DENVER conSUlting Engineers JOB NO, 085_006 SCAlE J SI GN ED _______________~.._~__.......+______+_........ DATE MARCH SHEETS 1 . SHEET ~