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WZ-97-15
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NP~o ~~ m \ ~ ~On m 1 "'u RN v ~R~'. g gy mm~ '" .., fi~ za k'T n nAj ~ Yi I. ,~ D 0 1 -mi 0 W6BT 44TH AnE s ~ ~` . tv{{yy- ~ i " ~ ti 5 ~ :'~ a ' }' ~ ~ ~ ~~ N L n ~ ~. R'R^ ° ~ I~. ~ ~ ,a ~, ~ .~ >:. ~ ~7 \~ $ W66T 44TH to ~h~ ~-'. `~ ~ I ; ; ; r r'an' Z{{{~ . r > fph~11 P~~ ~~ Omb N NNN mP ` Q1llZQr F ~~µ)~ k ,fl ~~~ jj 1. /~ ~ lI N 'I ~nii' ~ ~ 4l~ ~' C f' C~ nP R "~`' F ~ m ~ I ,,..-~11~~ ~ZaZ ~ 'n\ v } EAR' I~~ ^I § k F A~ ~ O ` ~!IIL S r\ B ~ J m [~ O `~- ~" r ~``.~€ ~~~~l ,~ ~ o ~ ~n~ o s ~_ ~' I ° ° n ~ ~9 '~ 6 ~_...- ~~ ~~ ,~ v 1 4 :.. y( ~ nl i ]5'.p^ i L` ~- ~` i ~ ~ ~, ~' I r ,,~ o ,i 4 r .i ip !~I:I ^i A ~ PP P,Fl q ~ `~. U ~~ ~ I d~Fw ii 1 ~ ~ ~ " } ~• ., ~ I o ., 1 '~ I" I~, I . ~ ~ h ~ ~ b r. I L.. i~ Iii 'I ~ ~ ~ ~ I~ i~.- `'~~ ' U a~' A!I Il E° I nl ~~yy ~~ I V ~1 4 '" ~! ~, I I~ .// ~) I I.. , \ f~' ~ "') ~ I ~ ~ I `~'I ~ ~; I I l I !~. ~.; I I ~ 1~ / ~> I f ~ I~ ~, I I ~, -~ ~ I~ i r~ ~, / ~ ~~I d (~ ly~~ U ~ ~ E ° E' It~V'?~ 114 1 I <\pI o II ~II '' I h Aiu 1 `~~I~I `~IG"~~ tl u.~ I '~ Ifl N[ iiy /III~n~ n~ !~'~ t>g vP ~ qJ I~ /~I Th 1 AI. ~ ~ / I ;. I ~ Y ~ III , j~ /'I" ~~ ~~,.;~ ._.. X.-. _. _. ~I ~. Ee i ~~ om P~m'...~ a ~. k9 ~ ~~ 8 ~~ u~ aG n ~ I ~~~~ ~~ o M3 ~y '~~ ,~ it ~/ _:~ mtW'X /Q ifs ~~~~~ C~ I ~~ ~. ~ ~b m7 3I 0 1. ~l; 1 r--- t~ ~ i 1 I I 1 1 i I .~ ~'~ I I I 1 1 1 1 L vv R y \ 1 I I~ _____ \ I~~ \ 1 8 U W 11 - K 1 y. I 1 ~1 1 ` I u. U L ' ~ j z I i ~ ~~~ p. ~ =0 1 1 (~ I (im 1 J ~ 1 m I I ~. 1 I ~ I I 1 I L__ ___________ I ____~ ~~ Eon J P~i ~<~ UV~ ~~ <~ ~3 RmX ~O o' ~~ ~° i~ N 0 ~~ ~ a y~o+ ~ H t>,7 r ~ ~ H ~Lt~$ C~i'JO~ ~~~ S ~ D C ~ ~ ~ ~ ~ O -1 pm ~ W ~ z ~ x ~ 2 ~~ ~' n ~" D ~ m D z ~ ~ D~ z ~ C Ica ~ Q 2 ~ ~ 'm =1 ~ m ~ va ~ ~ ~1 (Z!a m ~ ~ ~° c~ ~ ~ ~ ern ~ .~.~ C = ~ 7e A ~ ~ ftl ~ -~ ~ ~ ~ =i m~ , ~ D ~ ~ r D ~ ~ m ~ _~ D 1=~ r - ~ r ~ _ ~ s" ~ ~ ~ ® ~ ~ ~~ ~ ,~ c ~ .~ ® N m m ~- ~ ~ ~ ~ ~ z ~ ~ =a ~ ~ ~ ~ ~ ~ ~ ~ ® r7°n ~ ~ ~ m in m ~ ~ m ~ ~ ~ ~ ~ m r rtF'aJ ~ ~; ~ `i., ~~F: ~~ 4~~y; yp'~'~~~ 7~1 //® W 0 nnn~ v___~~<R~~J CL Moore and Company West ~„~~ ._ _ _„ .~:::.,.„ •~V:;..,,~,. i. be amended on the loss.' ~r`-' ~ ', 6) Buyer hereby acknowledges that~it is the~'inteat of the Seller (if applicable under sew laws) to effect an IRC 1031 tax-deferrani exchange which will not delay the closing or cause additional expense to the Suyer. The Seller's rights and obligations under Chia agreement may be aaaigaed to a qualified intermediary of the Seller's choice for the purpose of completing such an exchange. Buyer agrees to cooperate with the Seller and the qualified intermediary in a manner necessary to complete the exchange. i 22. RECOMMENDATION OF LEGAL COIINSEL. By sigdag tlrb doors ' Bnyer and 8dbr ao _: . ~PaY or ~ Ilsdng ~PdY has advised that thin dooumeat hr (mpathet l'Wl acargrrroaa soil hu noommada~dl~eeesa~mtmatim o~E and ooomltuicn with bga! soil tax or other oomsel lret'oro sigoiog this omaaot 23. TERMINATION. $ the sued thu oaanad is tamiaabd, dl paymmb sad things of vaha ramiwd hereunder slug be rents sad the psetiea sha116e rdievad of al! obligadeoa hereunder, subjed to godioa 19. 24. SELLING COMPANYBROSER RELATIONSHII: Tha selling 6~ Moore sad ComDaav haw been engaged a Transaction $roker ~ ih salespersa S~'a C~1~Y hu Prevausly dtsobed m wrdnrg b the Buyer that drffaast mistiaoshrps aro availabb which awhile buyer agemy, sager snbagamy, or ttanaotiao-broloa•. agent 25, NOTICE TO BIIYER, Any notice b Buyer shag be effeafive when raodvad' gdling ~~,, by Buyer, or, if this box u chedoed ^ when raodved 1 26 NOTICE TO SELLER. Any aotioe to Sdbr shill be ed'eotiw whm roaeivad 6y gager ar Listing Company. 27. MODIFICATION OF TB15 CONTRACT. No arbsequert modifwatian of any of the tenor of this oootract shall be valx bi°dioa upon the pdtiey or ettforooabb aolaa made n writing sod sigmd by the patties, 28. ENTIRE AGREEMENT. This oootnat oamtibrbt the eaite ooatrad hetsvaan ffie patties reiatigg to the subject horeol: sod say ptic aaeemem P°'t~g therdo, whether oil or wrilbq have beoo merged soil idegrated into this canttaot 29. NOTICE OF ACCEPTANCE: COUNTERPART8.1'his proposal shag axpin uatas aoaepbd is writing, (~. Buyer sod Seger, avidmoed 6y their sigamns below, and the offaiog party reodva adise of sorb aooeptaooe m at 6afae Octobez 06 7.497 (Aoeep4ooo Deadlim~. If acne /this /mad shall become a oaolnd between Seller soil Buys. A copy of this dowmeot may be exxdad b coauact~bdwaen~thoy~. tm6'd w /aaO4/pa[ty has exea0ed a copy tharoo~ such copies tabu together shalt be doomed to boa $dl and oompkt~ BUYER (LATE'', /0 ~L ! J t: t SELLER ~ t7)y~ ~ ~ ~ ~.Q t 3-P,C `r.At,~.t,~~, / p~/ DATE /D-~ -. / / Karen T(. Cleaveland "''~:,s .l ~ 4t t y~rc~v^4 n'4 '!.~ . The mdenigiwd Blolot(s) ' sobsowbdgas modpt of the eumst mom Compay mofums iL Broloer Rdaticoship a sat forth m gocticn 24. Y deport spaoi6ed in aadim 3. sod Selling ~B C~PaY Moore and Company heat 2081 Youngfield St Golden, CO 80401 Phone: (303) 232-5511, BY _~; Sigaatun Suer Chase ;' '"i.: Listing C . . By Addms Phme Fax ~a/~ Date The prNMd portlona of tlris form haw bean approved 6y eta Colorado RaN Fable CanxnNabn, (CBft 7~t) CB62 7~M. COMMERCULL CCNiRACT 70 eUYAND TELL tiFJIL EaTATE [NEW I.OANJ RaaFAf'f®Famu,Bex4700,Frbm,CO EOp3, varabrSS,ORaaIFA='f®,1997;RapsLCOC0t~2304 CompMlsd ly- SummwChpa, RW EdMs Ptehaknl, Moon aM Company Walt 1pO5A716:d,7AQ Papa! of 6 1 h tr^ - ' • 'e ra ~~ I ~~ ~,'~'', < its <p~ ~~ .F <i ~ ~t iW T h ~ t'} r. .) a ~„ t~A.}r~ '~ s ft i. T . . Y" 1 ~~. +~, Y "t ry: S ~ F )T ' I rv 3 '1 I M ` + '. ~ 3 _ A yy~ 5 . .R. ... ~. . pp~~ y~ f L~yM1 . s. tib~ . ~ 4 ~~ ~ i ! n? ~ Z<l` !. S t y ~ ~ t• y war .^~ ~. .. 4' • ~~~ ~~ 4 . T 4 5 e ' ' ` M1 r S ;~`!` YFf~f 3 y~ S t m ... m fir- }_ . T „ - ~.,. ~ . , s I ~ ! r "~ +':~_ S to-t' r Y+ ` ryl r .,, a~ urn' ,• ~ : n f .IG.: n ~ ~' .. 1. t.. !. ~ ~ ' ~ it 1 . f"J. ' ~ S ~ ' s t . k u ,. .: `: " ` ~ t y: y ~~~~ :v ,y' ~~ _ t ,>Y .a. r. `I::y {H ~5~ 4 `. ~ ~d !< 4 t r l+ R ~ i x - )ryb ^' y y A44 f}M+~A I Ik I Y'4 p A Z L ~ ~'. ~ 1 F y ~~ Y ,. rS yr ~ ~ !`r ~~ ~ l ~~ fr w , Yq '1 ~Yi Y M1 t•1 1 ' c,' ~ l i S ~ - .. ' . - .ay U4j 1; .}.r o~ t, Y~~ C r ry ~ '}y, ~~ ~S ai ~~} ~X ~ 1 ., ' M d ` F ~ w-Ye~ N+ k. t 4, t' h ~^ 7 `~ ~ ~ ~ - .l t ~~M1 ,~ytl k,~ Y~~... _ 4 n i 1} ~r ~ y ~ N: le (•' .i+ :' t AJy .' T}j~ 1 ,'in.•.. t,~, s: - ' i it ,L l ~ ~~¢ ~ . i G~ r ~ sr i R ~ .ItieWx A k ly '" "a O Ar • ! r .7.. ~ . TM p~ v~• of tlis tam n.v. bnn ~aw~ t+Y~ O foal EstaM cam~Mdaa (Ctt,T ~~M) CBt2J~N. COMIERCI~ ~T ~ ^UT Ann sE~L REM. EiTATE ptEW 1.Q111Q RMFAt~ , Box X700, F~tco, co eoM3, vn.kn ss, tx~..rrASTO, t9®7; Rp~ L ~,,,,qt,d E~~ cnn.. rer Fem. aroh..taw. Moow.na comp.nY w ~ te:~~a Buy«(s) Shcw(a) fn ~ < ~ = G K r . y ~ N 7 N O .6 ~ ~ ~ C) ~ fD ~ K (D y ~ ^ N .Z7 y ~ ~ m C 6A (O y m II N [u ~-' < ~ O ? p ~ ~ ~ ~ O A W ~ 0 ,~ O p ~ 0 ~ N ~ O ~ _ ~ O O 'D ~ 69 {!! fA A {fi ~ E ~ O ~ O C1 O (A O (1t N O ~ T fD ~ O F ~ ~ O O O C fA fA Efl ffl ~ N ~ m 3 ~ r j 1 N O .It ~ -.. O W Gf d `~~ O OOD N O p ~ r 0 0 0 0 O ~ fw \// 0 0 0 ~ O y O O O O fA {t9 f9 fA ffl A W OD p fn D 3 ~ N ? ~ -' tR O Pi 3 W _ O N .p O O C O N IIO1 ~ fat N W p O 3 ~ 0 0 0f 0 O N O N y O O O O fA .ZI + EA CA 69 iii fA ~ y. o o a v n o m M ~ ~ ~ ~ N W N '~ -I iV W y O W O O _ X O ~ CJt m O ~ ~ C O v C n V O O y ~. f 0 O to O (A O O y f D 0 0 0 0 O fA a1 (b N n O e ~ ~ O O { p O O ~ ~ • ~. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Heazing is to beheld before the City of Wheat Ridge PLANNING COMMISSION on December 4, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens aze invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No.WZ-97-15: An application by Karen Cleaveland for approval of a rezoning from Agricultural-Two and Residential-One to Commercial-One and for approval of a site plan. Said property is located at 12200 W. 44th Avenue and is legally described as follows: LOT 1 AND THE EAST 100 FEET OF LOTS 6 & 7, JENSON SUBDIVISION, JEFFERSON COUNTY. THE SOUTH 210 FEET OF THE NORTH 773,7 FEET OF TRACT 1, PEARL OF THE VALLEY, EXCEPT THE EAST 25 FEET THEREOF RESERVED FOR ROAD, TOGETHER WITH TEMPORARY RIGHT OF WAY AS PRESENTLY EXISTING OVER THE PROPERTY TO THE WEST FOR INGRESS AND EGERESS TO THE ABOVE DESCRIBED PROPERTY_FROM WEST 44TH AVENUE. Jenifer Roche, Secretary ATTEST: Wanda Sang, City Clerk To be Published: April 14, 1997 Wheat Ridge Transcript 7500 West 29th Avenue / ~;~ - The City of /~~ Wheat Ridge, Colorado Wheat Telephone 303/ 237-6944 Rldge DATE: 11/20/97 This is to inform you that Case No. W~-97-15 which is a request for arororoval of a rezoninu from Agricultural-Two & Residential -One to Commercial One & for approval of a . site plan for property located at 12200 W. 44th Avenue will be _, _.e _ heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. , on December 4,1997 __ _ -._ All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PLANNING COMMISSION. As an area resident or interested party, you have the right to attend this Public Bearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desires to review any plans, please contact the Planning Division. Thank You. PLANNING DIVISION "The Carnation City " +I "Y %YYY%%YY ~E .tA'I~GyO R ~~ 2 3 ~ ~ ~0 ~y Y~ /VJ .~{, ~+ 4.1 3 QGE Q` O ~ w ~a ¢ ~ x o ~ .vG GO o ~ 1r c ~ W > ` ~~ ^' V/ o r o U ~ ~i m N ~ A, ~/~ ma U ~ od ~ = ~s r 1 - ~- 3 ". i ~~ v ='_ ~- h ' «e i s _ - i i i = = - -- a -.- ..- w ~°r,.~-- ~~.r ryM~ ~_ W ~~~ L ~'_- •~ ~ ~ ~ . ""~ ~ 4-~-w{ _ _ ~ w !!!! "~~Y € .C n p~ u~ m ~r s.i ~~ ~~~~ ~ 1 ~`~ (\ ~' a~ ; .~ ~? ~_ ~- e - F i - - -- _ ~ a~ QpJg OW71dB Pi0P~e1 Y~AadF¢Sd- - Pone No, Mail Address. __ :-_ - Mei(OZfySWie hls p i 39-207-08-001 KRIEG GARY W 8 MARGIE a 39-201-08-002 ANDERSON CURTIS A u 4320 VNIAN ST 4130 VIVIAN ST i ' 303!825.8977 4320 VIVU\N ST 4330 VNIAN ST WHEAT RIDGE CO WHEAT RIDGE CO 60033 60033 s 0 38-201-08-003 BONGER WAVNE B 4340 VIVIAN ST ! VIAN ST ~ 03/423-7822 4340 VIVIAN ST 4350 VIVIAN ST WHEAT RIDGE CO WHEAT RIDGE CO 80033 80033 a ' v 39-201-08-006 39-20t-08-0OS OHLROGGE JOHN H & BO BECCERA ABNER 5 ffi W Nf350 VI 12280 W 44TH AVE t 44TH AVE ~ 72280 W 44TH AVE 7000 WASHINGTON ST WHEAT RIDGE CO 'DENVER CO 60033 80228 _ e 39.201-08-007 ~ BURKEV WALTER 12190 W _ P B X42 VIVIAN ST 303fd24-7866 4270 VIVIAN BT WHEAT RIDGE CO 80033 vv 39-20d-07-053/02 TOMASSETTI GABRIEL 4280 Page: 1 of 1 Copyright ©1996-97 Experian r i <3 _ - _ ~ _N i ~ ~-I O ~~~~•3 :~ rneoa Rxoa~rznrs - ~ m•~ . .~ -- i w.WTF1 nve~ ~G ~ ~ G- I PGD '~`- I ~~D$ '`~- I wz I. WZ-63-16 nM.T. G£Vfi0P1'Bti' I 5~~ G-~ ~F3 -I _ -1 = - ~ .~ n '' - I _ - m w MTN nve _; g m 8 ~ WESTLAKE § ~ ~ . _SHUMWAY PSUB G-2 ~ rROSVecr L ry N RE-SUB ~-~-+ rnrx a_nce z ~ N ~,m • ' THE ~ G_ I ~ `~°'~~" S .... _ ------ j L 1 • #~i::: - - - - - I la-a-i ' JcNS'cNaNg'~--::;; - 1;}:+l TLA 'PA KSUB;~"i~~- iJ03 _ gg ~ SUS . "' i' ~ 0 Il."-' -'mow ?r i ' ~ _~'~.\ I ' ,i,,Yi ~- 1 d ~ .'.tp - M~i~ ~ ~.. il'+' ~ ~ PZ~$U~ ~ ~ ~~ I ~ ~~c'.IJN 8 ~~ I I w~?liD nvEo i~.i i'.1 F~ 1 F~ li.~.i~ll $ i A rr(-? N i~i~iu N ~ NL.1.1 ~ - ~..~11 $ ~ _ ~y.l'1',1 _ l~~'i I _, i.. I ,: 1 ''-=-=--' .~ .- --- :~.r.~ -' I F'I; 111 1 I I i ~,,, ' w cn SIM S ST - yy018 _ _ ~. .. ~: To whom it may concern; ~~ Dec.3,1997 I, G. T. Jensen bought South 200 feet of the property on 12200 w. 44th. ave. in 1954 Or 1955 to build greenhouses on,for which I got permits` I finished building in 1960 and I tore the greenhouses down in 1995. Sincerely, ~ « o ~ 1MB d ~\,,~,~ t~ ~ 1 ~~~~ ~~uC~mu~c~T.~r~a~n . ~~ MICHELE ERP NOTARY PUBLIC S'fKfE OF COWEIADO Ay Camisia~ 6~ins Oae, t~ 2000 ,~ Gudmund T.Jensen ~~. EXHIBIT E ,~ r;.. .„_ ~~ J ~ EXHIBIT A i Exit 266 - I-70 12200 W. 44th. Ave. WheatRidge, Colorado LAND, IMPROVEMENT BUSINESS X400,000 - 59,964 S.F. LAND ZONING IMPROVEMENTS GROSS INCOME 1.38 Acres located on a-}th. Avenue at exit 266 of I-70. J. Excellent window fcar commercial business. Wheatridge A - 2 2,255 S. F. Residential 1,562 S. F. Retail Flower Shop 19,368 S.F. Green Houses 2,355 S. F. Bedding Piant Houses x323,000 -~- I-70 INTERSTATE F - E7~IIIBIT B EXHIBIT B ~, Subject Property r ~ ;~ ~', - L ' _ 0 __ C `. :a -~-_ :- - - _ - - ~. -- ... .,_ .,.._7. .. N u 8 0 L s t < mn m < m < m m `o `o `o `o vv "' o `o `n n v n v` n `ma `v m` m m` `m ~ v fl d ~ n o n m s x v .~ m o Qi m m n ° v a s °. n° n v D D m z< B~ 5 ' +~ - + u a Y N a a x - m ° r i N s S - r ym O^ x - u p ~ a ° _..~ v C ~ 3 o g : ~ a ~ m 3 O ~z° m 0 ^ \ a 1 ~ n _ a . ~ a ~ Q c ~ x o yi ° - On _ _ ° - F ^ :_ y'~ Og ° ~ O PI D ~ 1~ O E O t \. ~ _ r Q N y _ E a • ~ ~ y _ _ : m o as mm m p ~ ' ~ a n aV y m ` a m i°i ~ ~ m a o ' D < ~ 4 m m V ° m s i ® sf , v i n n my \ ` Z w w > \ s u ~ 5 Z " L , . n -' ~ m ~ eF a ~,~ ~ m m °o u ~ ` y n ~ m zy s ~ as Z r v~ .~ o w ° r° v j o -a1 s m~ m0 j h\ a m m.. r< r n m ~ - D ^ m n~ .. a ai V \ F w n no a C' p n ~. D D s D a rm + ° N f y m r .- ~ y ~! ~! ~t Y Y ~ ~_- ~ yyy M O ~\ p ~ ° m 1 < I m a ~ D' ~< m l ~ D ,.. m ~ m' r O O ~ ~y L N y T _ D ~ ~ ly ` a Np D.. . Z .y .. O<0 ya ~ ' o . O e. ._ a ~ f11 ~ - ' LO ~i N Nv y ? .. v y ~ iim 4 ~ ~ ~ m z- ~ z ~ :~ K X X a ~ < i 'y, f o n ~ i _ t C < N_ x ~ a s o ~ ZD r an ° w n !+ ~ N o ° z ? = c m ~^ ~ ~' a o~ n r µ ~ C A la- a f _- - m ~.~~ ~ ~ m a m D v ° ~ M .Y. m-1 ~ ; _ ~ ~ O ° D C~ y E u D _ ~ y y F. ~ a a.. _ t y _ - _ 00'. 2 ' m _ u 1. J - a ~ m O D ._~ ~ .j . S S - - _ - - _ - _ xO c0 _ I ~ ~ ~~ DD _ _ ~ ~C - ` O x ~ 9 ~ ~ T `~ ~ y o ° !m n ~ m 'V 41 5 m ° CC ~ O Z I Y nt Dx m N _ y w ~ ~ n •T• - O Y ~ n ~ - w - - ~~ - 7 ~T __ a.a i, z y ° < DaF y- xKx ~ mm m - s °- i °- si ~QD u'9 . ° n r A s ° rr mmi~ m ? 3.-. ~ ° m a ~z i ~ i ~3 avi vD v a o n m m - ~u m K oo ° ~ r s = my y a n f A° ma. Y D ? 2 n v~ C T ~ ~ y xm y a r m° a z < °~~ O . y U i .~ D ° x p m n ~ m m n v i °z° r ~ -~a Yz n CO ~ ~ n _ Z L ~ O x n a r D.. < ° ~ w ~ O m Z N o "u mf- me 'n o , a o ' i ° v$ y 9 n > z D a j ~ c 9 Y T ~ m m v i F a r ~~ - m r t ti a o ix z y s 'm _ _ m N y° ~ z ~ Q; O m m Z D o o < y a r f C m °n 2 y~ mym <V ®. Kcn ~n <e t~ Cy nn O ° : . . .. . .. . . . . .:. .. . .. . .. . . . . .. : .. .. . .. .. . . : • . . . . ~ .... ~ .: ~ . . .. . . . . ... .. . . . . . . .. . ' Sa :::::': ::::::::::::.::::.::::~:::::::::::~.:•~;:~:::::.:::: :::..::::::::::::::.-rte - :a.......... ... ... ... ~ a .~~...:~ ......... ....... .... ......:~: -- ..... .... o.. . : y,:i ....... ......... .... .... - .. i`..... y• :{• ~• c•~' .:.:::.:.... ~ :.......:.. ~ ::....... : .r:' ............ . .. r .+- ~.. .. : :~ .. ... .. ... . r ...... .. .. . p. 3 ~.: 6 . ?~; : `'` 7: v:: i:~~.:::.:...:: :~. .. ; :~• ..:... ...~'~:...:. C~......,d~ ....acs ..._~ ' ... ..............:•:::: ::.................... •:::::.....:: .... ;. ...~y .....::: .. ... .. ... : .. .. .... ...... .. .... .. .. ...... .... .. 1..... .. ... : a .... ........... :.:.........:..................... ...I:......E....i .........o :.................::::::: ::..:: .:::::........ .....:::: •:~...... 1 ... ~ . .. .;. ~. ISSUES & RESOLUTIONS: 1. "Inadequate Buffering..." (Planning Division Staff Report Section III.2.second pazagraph, Section Vl.first paragraph, Section Vl.second pazagraph) The site plan reflects a 10' fence will be erected along the western border of the property with 6' high Blue Spruce trees planted at 30' intervals on the outside (in accordance with the city's recommendations). This will create a comfortable barrier for adjacent residential properties to the west. The type of use proposed is that of a clean, quiet nature which will serve as an additional buffer between the commercial development to the east and the residential properties to the west (i.e. there will not be loud speakers, blaring noises nor annoying lighting}. 2. "Negative affect on the character of the neighborhood to the west...encourage deterioration of the neighborhood to the west...contribute to the deterioration of the low. density housing stock in the azea...° CPlanning Division Staff Report Section IlL3, Section III.8.first paragraph, Section Vl.first paragraph} Since the early 1960's greenhouses were erected over the full length of the _ property (see Exhibit "A"}. There still exists a roadway bordering the residential properties __ to the west over which large trucks, vans and other traffic would travel for the commercial business that was in operation on this property (see Exhibit "B"). The residential neighborhood to the west was developed during the mid to late nineteen-fifties and early nineteen-sixties (1955-1961}. This neighborhood, from its .... _. inception to present has experienced the commercial business that was in operation on the subject property. The subject property's current zoning allows such uses as dog kennels, hog farms, raising and keeping stock, bee keeping, and public stables. Compared to these, the proposed rezoning for recreational vehicle sales is much quieter, cleaner, and healthier in view of the health hazards that can accompany the aforementioned. The suggestion of "encouraging" or "contributing" to the deterioration of the neighborhood to the west of the subject property can not be substantiated in light of the fact that the neighborhood has experienced a type of commercial use on the subject property for over 30 years. The residential property owners by reason of time would be accustomed to larger vehicles driving along their property line on the road which exists along the perimeter of the subject property. There is no real barrier or buffer between the residential properties and the subject property as the majority of residential properties abutting the subject property are only seperated by way of chain link fencing. At present, the rear portion of the subject property does encourage or contribute to the deterioration of the neighborhood inasmuch as it is unrnaintained and run down (see Exhibit C). The neighbors daily endure a delightful view of torn down, deteriorating green houses and tmkept land. The commercial property to the east is being developed with a privacy fence seemingly as one means of hiding their neighbors' slovenly appearance. The proposed new use for the subject property will clean it up and add value to the whole of the area in appearance as well as in other ways. With a 10' privacy fence and spruce trees placed along the property line, the abutting residences are given to increased value. The proposed plan in essence will be adding to the whole of the area in a positive light vs. the suggested "deterioration. 3. "This type of retail sales generates minimal revenue for the City, therefore, economic _- - _, -___; . benefits are~corsespondingly minimal=" (Planning Divasion.~taffltepart-Section ff1 3) _°,--- The city will gain an ample revenue from the sales of recreational vehicles and from taxes charged on rentals and the sale of parts (see Exhibit D). ,_. 4. "RVs being stored will be up-to=-15' tall and will be visible over the fence..." (Planning Division Staff Report Section IV.second paragraph) There are no RV's that are 15' tall. The tallest is 13' with most of them between 11' and 13' in height. 'The residences to-the-west of the subject property are one- story homes. 5. "No lighting be allowed in the rear." (Planning Division Staff Report Section IV.forth paragraph.third recommendation} There are currently two public lights installed between the residences abutting the subject property to the west and the the subject property (see Exhibit E). These were installed by request of the neighbors to the west and are paid for by them for security reasons. The proposed site plan reflects lights that will be installed to the rear of the subject property with motion sensors for security purposes only. 6. "Staff would support rezoning of the northern 200' as this portion is compatible with adjacent land use and zoning...° If the applicant should. consider complying with the staffs suggestion to reduce the request to the northern 200' of the subject property, the rear 400' of the property woutd in essence become "land-locked." This would not serve in the best interest of the city or of the surrounding community and would create numerous difficulties. 7. RECOMMENDED MOTIONS - REZONING: Option B: "I move that Case No. WZ-97-15, a request to rezone property located at 12200 West 44th Avenue from .Agricultural-Two and Residential-One to Commercial-One, be APPROVED for the following reasons: 1. The proposal is consistent with the change in character in the area over years since the existing Comprehensive Plan was adopted and is vastly consistent with Proposed Comprehensive Plan Map Exhibit B (see Exhibit F1. 2. The. proposed change of zone is compatible with the surrounding area - - overall with minimal adve~e impacts considering_the_benefits that :will- be~derived:by-such - change. - - 3. That the proposed zoning will not adversely affect public health, safety or welfaze. 4. That the property cannot effectively or beneficially be developed under its existing zoning conditions. - SITE PLAN: Option B: "I move that the request for approval of a site plan for -- property located at 12200 West 44th Avenue be APPROVED for the following reasons: 1. The site plan provides for adequate buffering and mitigation to all adjoining properties especially to the residential neighborhood to the west of the subject property. 2. That the physical condition of subject property in its current condition IS dangerous to the general health, safety and welfare of the area and that the proposed site plan will allow the subject property to serve as a preservation of the future good health, safety and general welfaze of its neighbors. -~~G - - -__~a._- _y - 9 _;, ---- ~~~ ~~~~- -- ~~ ~_ -- ~ _. ~,~rrrc.a-L~ -~ - -- _- - - ~ _ ~~ _ _- ;ITS- ,__ -. _. .- - - - ~y~ ,~ 3 PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-97- I S .DATE: December 4, 1997 ;~~ ~~ REQUEST: A request for approval of a rezoning from Agricultural-Two and Residential-One to Commercial-One and for approval of a site plan. Position on Request (Please check ~, d,.»•t..r GJ'~7 ~ ~>-303 Haul SHS'3 ~F3~20 Vivian sT ~AIZ (.l) t ;~ ~' &c9033 -~'rrI c~Pc~ o T1^ie. ~ee~; _ - 5'~z -- ~ ~ 33 ~,_, ~ ) ~7 '~i~',~ n~~ I~ yu'~t/c~ ~sl,,ia~r> ~°'~~r'~'ss+wy ~d 3'7 ~.r"~,ts~ir''r~~. ~ G ~5~° e,~2T N ON d ~ / ST ~ ~~JpOSPJ~ ,~ ~in~~ -_ -- --~u _lr~ v'iv_~ -~- ----- ~~ ~ - -~1~-~°~ -cry -; --- ---- ~~s ~ ~~ - cart ~z~ - ~~f _ _~ -- ; ; f_ ---- - -- -r- --- rop _m ._ _ _ f~ ~~ _ - // ~~_ I`~CCC~ ~D__C~-- ~~ sits ~` ---- _~, -- ~ _ ire-~0~~ts-- -~rx~~t~ ,~ L~__~_ -. ~~~ .~ -- ~--rte T ---~ 7-~-sir Grocc~- ?_ _f~~Z_©f~, u/~~_m~~ _ _ -= CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WW2 97=IS LOCATION: 12200 W. 44th APPLICANT(S) NAME: Vashi Sachanandani OWNER(S) NAME: Karen Cleaveland REQUEST: Approval of a rezoning from A-2 & R-I to C-I with site plan approval. APPROXIMATE AREA: 1.4 acres Acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public (tearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner SNOW, seconded by Commissioner SHOCKLEY, that Case No. WZ-97-15, a request for approval of a rezoning from A-2 & R-I to C-I with site plan approval for property located at 12200 W. 44th, be Approved for the following reasons: 1. The proposal is inconsistent with the Comprehensive Plan and the Fruitdale Valley Master Plan. 2. It is incompatible with the adjacent low density residential land use and zoning to the west. 3. The evaluation criteria did not support approval. 4. The neighbors have raised valid issues about the possible impact on nearby wells. VOTE: YES:5 NO: 1 (Commissioner Williams) I, Jenifer Roche, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by an 5-1 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 20 day of November, 1997. n WHEAT RIDGE PLANNING COMMISSION WHEAlf RIDGE PLANNING COMMISSION . CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 4, 1997 CASE NO. & NAME: WZ-97-IS DATE PREPARED: November 24, 1997 CASE MANAGER: M. Reckert ACTION REQUESTED: Rezone from A-2 & R-1 to C-1 with site plan approval LOCATION OF REQUEST: 12200 W. 44th Avenue NAME & ADDRESS OF APPLICANT(S): Vashi Sachanandani 14474 Colorado Blvd. Denver, CO 80210 NAME & ADDRESS OF OWNER(S): Karen Cleaveland 12200 W.44Ih Avenue Wheat Ridge, CO 80033 -- - _ APPROXIMATE AREA: 1.4 acres PRESENT ZONING: Agricultural-Two & Residential-One PRESENT LAND USE: Vacant; Commercial with ancillary residence. SURROUNDING ZONING: N: A-l; S: R-l; E: C-1; W: C-l, R-1. SURROUNDING LAND USE: N: I-70; S: low density; E: Commercial; W: Commercial. COMPREHENSIVE PLAN FOR THE AREA: Multiple Use- Fruitdale Valley Master Plan DATE PUBLISHED: November l4, 1997 DATE POSTED: November 20 , 1997 DATED LEGAL NOTICES SENT: November 20, 1997 ENTER INTO RECORD: __ . (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES ~ SUBDIVISION REGULATIONS (X) EXHIBITS ~ OTHER _ .rUR[SD[CTION: _ The property is within the City of When[ Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. The applicant requests approval of a rezoning from Agricultural-Two and Residential-One to Commercial-One with site plan approval as a requirement of the Fruitdale Valley Master Plan. The property in question is located at 12200 West 44th Avenue and was formerly used as a greenhouse, retail sales and an ancillary residence. The applicant is requesting rezoning to convert the property to a recreational vehicles sales lot. The property measures 100' x 600' and is split-zoned with Agricultural-Two zoning on the northern 400' with Residential-One zoning on the southern 200'. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on October 21, 1997. The following persons were in attendance: Sean McCartney -city staff Summer Chase -applicant Vashi Sachanandani -applicant Gary Krieg - 4320 Vivian Street Wayne B. Bonger - 4340 Vivian Street Curt Anderson - 4330 Vivian Street Nancy Anderson - 4330 Vivian Street The following issues were discussed: Whether the entire property would be paved and how this would affect adjacent properties relative to drainage issues What type of buffering would be proposed III. CRITERIA Before a change of zone is approved, the applicant shall show, and the Planning Commission and City Council shall find: (a) that the existing zone classification is an error, or (b) that a charige in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration or development transition, and that the evidence supports the findings of the following: 1. That the change of zone is in conformance, or will bring he property into conformance, with the City of Wheat Ridge, Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area; and, In regazd to the Comprehensive Plan, the northern half of the property is designated as being Multiple Use. Multiple use is defined as " a mix of residential, office and/or retail commercial uses, and parks and open space, and public/semi-public uses, to be developed in a manner which insures compatibility between uses within multiple use areas and adjacent uses, especially where adjacent to low density residential uses. Industrial uses are specifically prohibited." The southern half of the site is designated as Low Density Residential. This property is also located within the Fraitdale Valley Master Plan azea. The master plan Future Land Use Map shows the northern half of the property as general commercial. The Future Land Use Map is consistent with the Comprehensive Plan as showing the southem half as Low Density Residential. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; and, Land use abutting the property includes the I-70 on-ramps to the north zoned A-1 and vacant, R- Izoned property to the south utilized as low density residential and as access to a greenhouse to the southeast from Vivian. Development to the west includes grocery sales with C-1 zoning with R-1 zoned, single family development abutting the approximate southern two-thirds of the property. An old gas station converted to retail sales with C-1 zoning is located directly east along 44th Avenue. The remainder of the land to the east is currently being developed as a 45,006 square foot office/retail/ancillary storage facility. 'Even though area conditions may have changed which makes commercial use of this property seem reasonable, there is an existing single family neighborhood which will abut the southern 400' of the sales lot. Given the narrow width of the land (100'), Staff doubts whether adequate buffering could be installed to mitigate the impact from a vehicle sales lot. 3. That there Fvill be social, recreational, physical and/or economic benefits to the community derived by the change of zone; and, There will be no social or recreational benefits to the community as a result of the rezoning. There could be physical benefits as the property which is currently unmaintained would be developed. Staff is concerned that rezoning of the southern half would have a negative affect on the character of the neighborhood to the west encouraging rental versus owner occupation, and subsequent deterioration and devaluation of the existing housing stock. This type of retail sales generates minimal revenue for the City, therefore, economic benefits are correspondingly minimal. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; and, All infrastructure improvements will be installed at the expense of the developer. At the time of this writing, there has been no resolution of fire access and hydrant installation although the applicant seems willing to comply with Fire and Water district requirements, whatever they may be. A water line extension for hydrant placement at the reaz of the lot is physically impossible because a 30' unobstructed easement is required. The applicant has proposed removal of a portion of the building's west side to accommodate fire access. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; and, There are potential negative effects on the public safety and welfare due to unresolved fire access issues. Drainage problems will have to be addressed by a drainage report required prior to the issuance of a building permit. Since the rear of the property is within the Clear Creek 100-year floodplain, a special exception permit will be required. As no new structures are proposed, only surface improvements and the pazking of vehicles, there will be minimal impact on the amount of light and air to neighboring properties. 6. That the property cannot reasonable be developed under the existing zoning conditions; and, Current zoning on the property is A-2 and R-l. Uses allowed within the A-2 zoning include single family dwellings, general farming, fish hatcheries, group homes, riding academies and public stables, dog kennels, veterinarian hospitals, and greenhouses and landscape nurseries. R-1 zoning allows single family dwellings and group homes as allowed uses and a range of additional uses from churches to governmental buildings and group homes as conditional and special uses. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas; and, There is C-1 zoning in the immediate vicinity, therefore, spot zoning is not a concern. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. It is impossible for Staff to ascertain whether there is the need for this type of zoning and land use within the City that approval of this request would fill. There are two other RV sales lots within the Wheat Ridge city limits. Staff concludes that the proposal to rezone the entire depth of the property to C-1 is inconsistent with adjacent low density residential land use and zoning to the west and that it is inconsistent with the designations on the Comprehensive Plan and the Fruitdale Valley Master Plan. Although Staff acknowledges that there may be some changt;d conditions in the azea and that the southem half of the property may not be suitable for low density use, rezoning of this azea to Commercial-One will encourage deterioration of the neighborhood to the west. For these reasons, a recommendation of Denial is given for Case No. WZ-97-15. Staff would support rezoning of the northern 200' as this portion is compatible with adjacent land use and zoning, as well as the Comprehensive Plan designations. If the applicant is willing to reduce. the request, we recommend the case be continued so the site plan for the use of the property can be modified. A representative of the applicant has indicated that there may be an error on the City's zoning map and that the R-1 zoning on the property should really be A-2 based.on zoning action prior to City incorporation. No concrete evidence has submitted to support this allegation. Even if this is the case, Staff still does not support a rezoning of the southem 400' to C-1. IV. SITE PLAN The Comprehensive Plan requires any application for an area designated as Multiple Use submit a site plan with any rezoning application. Within the multiple use azea, Planning Commission and City Council have the ability to limit uses and to require additional design or development standards to achieve the stated compatibility objectives. The applicant has submitted a site plan showing the existing two story building being kept and converted to office space. The remainder of the property will be paved with recycled asphalt and used as an RV sales and storage lot. The existing curb cut which is centered on the property will be used as access. Buffering shown is 10' in width along the perimeter of the property with a planting of blue spruce trees at 20' intervals and a 6',high solid fence. Pursuant to Section 26- 31(C)(5), a 6' wide strip of landscaping with a 6' high solid fence is required when a pazking lot adjoins adjacent residential development. However, this is not a typical commercial parking lot. RVs being stored will be up to 15' tall and will be visible over the fence. If the rezoning is approved for the property as requested, Staff recommends a fence at least 10' high be built along the west and south property lines with trees planted along the outside of the fence at 30' intervals. Landscaping on the site appears to be inadequate. In the C-1 zone district, a minimum of 10% landscaped coverage is required. The current building is located on the property (12' setback from the western property line and 18' setback from the eastern property line) such that there is inadequate fire access to the reaz. A revised site plan has been submitted showing some of the building being removed to increase cleazance on the west to 25'. Staff has no indication that this is a solution to the access problem or whether removal of 7' of the building will be possible. Attempts on the part of the applicant to get fire access through adjacent property from either Van Gordon Street or Vivian Street have been unsuccessful. This type of land use is considered hazardous, from a fine protection • • standpoint, therefore, fire access and hydrant installation are critical. If Planning Commission approves the rezoning, Staff recommends the following conditions be placed on the site plan approval: I. For buffering, a 10' high solid fence be required with 6' high Blue Spruce trees planted at 30' intervals on the outside with sprinkler system installation 2. The storage lot be paved with recycled asphalt 3. No lighting be allowed in the rear 4. No loudspeakers be allowed 5. A minimum of 10% landscaped coverage be required plus on the display lot one landscaped island be required for every 50 spaces with one street tree sized tree and four shrubs V. AGENCY REFERRALS Public Works will need a completed dumping/landfill permit. A portion of the property is located within the Cleaz Creek,100-yeaz floodplain therefore a special exception permit will be required along with a drainage report for the paving. No additional public improvements will be required along West 44th Avenue. The traffic division has no comments. Police Department has made comments relative to crime prevention which have been forwazded to the applicant. Valley Water District can not run a water line in from their 44th Avenue mainline due to the fact that there is a 30' easement requirement for the Denver Water Boazd. Hydrant installation will be required in the rear part of the property. , Arvada Fire Protection District is still working with the applicant to resolve fire access. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that although conditions in the azea may have changed, the proposal to rezone the entire property to C-1 is clearly contrary to the intent of the Comprehensive Plan and the Fruitdale Valley Master Plan. Staff further concludes that it is incompatible with adjacent land use and zoning to the west and could contribute to the deterioration of the low density housing stock in the area. For these reasons, Staff is recommending Denial for Case No. WZ- 97-i 5. In regard to the site plan, there aze physical conditions on the property that hinder this type of high risk use and render the proposal as dangerous to the health, safety and welfaze of persons and properties in the vicinity. Although minimal improvements are necessary to establish the RV sales lot, inadequate buffering and mitigation have been provided for the residences along Vivian. For these reasons, a recommendation of Denia! is given for the site plan. If the rezoning and site plan are approved, Staff recommends the conditions itemized in Section IV of this report be placed on the approvals. VII. RECOMMENDED MOTIONS REZONING Option A: "I move that Case No. WZ-97-15, a request to rezone property located at 12200 West 44th Avenue from Agricultural-Two and Residential-One to Commercial-One, be DENIED for the following reasons: 1. The proposal is inconsistent with the Comprehensive Plan and the Fruitdale Valley Master Plan. 2. It is incompatible with the adjacent !ow density residential land use and zoning to the west. 3. The evaluation criteria do not support approval." Option B: "I move that Case No. WZ-4.7_-1S, a_ zequest to rezone property located at 12200 West 44th Avenue from Agricultural-Two and Residential-One to Commercial-One, be APPROVED for the following reasons: 1. 2. 3." SITE PLAN Option A: "t move that the request for approval of a site plan for property located at 12200 West 44th Avenue be DENIED for the following reasons: - 1. Physical conditions on the property render the proposal dangerous to the general health, safety and welfare ofthe area. 2. Inadequate buffering and mitigation have been provided for adjacent residences." Option B: "1 move that the request for approval of a site plan for property located at 12200 West 44th Avenue be APPROVED for the following reasons: 1. 2. 3. With the following conditions: I. For buffering, a 10' high solid fence be required with 6' high Blue Spruce trees planted at 30' intervals on the outside with sprinkler system installation. 2. The storage lot be paved with recycled asphalt. 3. No lighting be allowed in the reaz. 4. No loudspeakers be allowed. 5. A minimum of 10% landscaped coverage be required plus on the display lot, one landscaped island be required for every 50 spaces~with one street tree sized tree and four shrubs:' ~ ! 7500 West29th Avenue The Cily of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge November 7, 1997 The Wheat Ridge Department of Community Development has received a request for aooroval of a rezoning and site elan development at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 24. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-97-15/Cleaveland LOCATION: 12200 W. 44th Avenue REQUESTED ACTION: Rezoning from Agricultural-Two and Residential-One and approval of a site plan. PURPOSE: Conversion of property to a recreational vehicle sales lot. APPROXIMATE AREA: 1.37 acres of land area. 2. 3. 4. Are public facilities or services provided by your agency adequate to serve this development? YES_ NO_ If "NO ;please explain below. Are service lines available to the development? YES_ NO. If "NO", please explain below. Do you have adequate capacities to service the development? YES__ NO _ [f "NO", please explain below. Can and will your agency service this proposed development subject to your rules and regulations? YES_ NO If "NO",please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Please reply to: Meredith Reckert _ _ Department of Planning & Development DISTRIBUTION X TCI of Colorado X Water District (Valley) Jeffco Health Department X Sanitation District (Fruitdale) Jeffco Schools X Fire District (Arvada) Jeffco Commissioners Adjacent City X Denver Water Board X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Lane Use Commission X WHEAT RIDGE Public Works Dept. State Geological Survey X WHEAT RIDGE Park 8c Rec Commission Colorado Dept. OfTransportation X WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife X WHEAT RIDGE Building Division "The Carnation City" __ ._. _NOV-24-97 MON 923 RRVADA FIRE PROT DIST. FAX N0. 3034224569 P, 03 • ~ + ~` Arvada Fire Prca'i~~.~.i~r~ ~is~rict ~® FIRE PJlARSn:~l S' Cai ~'iE-E P. 6. B~•x &.Q e ARVAQA, GOLGP.A?~9 3==:'sY Telephone (363) 425-DEv0- •F?.X (5'<3} A2Z-,!~^c8 November 23, 1997 Ms. Meredith Reckert Department of Community Development City of Wheat Ridge 7500 W. 29th Ave. P.O. Box 638 Wheat Ridge, CO. 80034-0638 RE: Cleaveland 12200 W. 44th Ave Dear Meredith, We have reviewed the site plan for this facility and have the following comments. 1. Fire-protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 6, 6503 Simms St. 2. The East side of the building access lane will need to be a minimum of 20 feet of unohstructed width. UFC 91 10.204(a). 3. The minimum vertical clearance will need to be 13 feet 6 inches. UFG 91 10.204{c). 4. The access on the West side will need to be an.all-weather surface capable of supporting the imposed loads of 46,000 lb fire apparatus and be installed prior to above grade construction. UFC 91 10.204(a),(b}. 5. The proposed roadway is a dead end roadway in excess of 150 feet and will need to be provided with approved provisions for the turning around of fire apparatus. UFC 91. 10.204(d}. 6. Trees appear to be blocking access on the West side of the building. UFC 91 10.20b. 7. Fire Lanes will need to be posted "No Parking Fire Lane" with signs that meet City of Wheat Ridge Standards. UFC 91 1A.206. _ _ __. _ 410V-24-97 TION 9.23 ARVADA FIRE PROT DI5T FAH N0. 3034224569 P, 04 Page Two 8. A fire hydrant will need to be provided within 300 feet of vehicle storage area. UFC 91 10.501 (a) Sincerely, A,rQUvada FQire Protection District Steve Ste g der Deputy Fire Marshal M E M O R A N To: MEREDITH RECKERT From: JOHN MCGUIRE Subject: VAN GORDON_ROW Date: November 19, 1997 D U 1VI in reviewing the Right of Way for Van Gordon St. we have found a one foot strip of land, in the middle of the street, that was not dedicated as Right of Way. I have researched the history of this strip and found that the owner of record is a corporation that no longer exists. Since there is no way to acquire this from them we may need to file with the county some form of document claiming ownership for Right of Way . We have taken similar action on other questionable Rights of Way. If you would like to discuss this further, let me know. MEMORANDUM TO Meredith Reckert Planning and Development FROM Deri Patt Police Department ~~~~~~~~ i~u~ t t? X997 SUBJECT Case No: WZ-97-15/Cleaveland 12200 W. 44 Avenue DATE November 17, 1997 I have reviewed the plans for the above listed site I have the following recommendations: LANDSCAPE: 1. All mature trees to be trimmed of branches up 6'-8' from the, ground to allow for natural visual observation from surrounding areas to the parking lots and building. 2. All shrubs and bushes mature height to not exceed 36". This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. There should be minimal landscaping immediately next to parking areas and sidewalks. Landscaping near vehicles and pedestrian areas often raises the perception of criminal activity. 5. Ground cover should not include rock material. Rocks can be used to break glass in signs, buildings and vehicles. BUILDINGS: 1. The building finish should be with an anti-graffiti paint or sealant. 2. It is unknown from the plans where the buildings have entrances and windows. Provided that there are several entrances and windows that would allow for consistent observation of the parking areas normal users and traffic, the parking layout appears to be adequate. 3. From the site plan, it is not possible to review the interior layout of the building for any crime prevention recommendations. FENCING: 1. Any solid privacy fencing/walls should be avoided as they provide cover and concealment, raising risk and fear of crime. Fences should be constructed of material or in a manner that allows for observation through. Material or a design such as wrought iron provides visibility and discourages climbing over. 2. Solid fencing should be sealed or finished with an anti-graffiti paint/sealant to aid in the ease of clean up. 3. The plans do not indicate any gates blocking entrance or exit from the back RV parking lot. If this lot is for storage and/or show of the RV's, gates on each entrance/exit would lower the risk of the property being removed from the lot after hours. Business practice of keeping the gates closed during business hours would also lower the risk of unauthorized persons removing property from the lot. LIGHTING: 1. As this storage lot is in the back of the building, there is very little natural observation from the street or immediate area. Exterior lighting around the buildings and in parking lots should be a minimum of 1.5 candle minimum maintained. This will provide for brightly lit areas that discourages criminal activity due to the illusion/perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While my recommendations do not guarantee acrime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (OPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Thank you. Deri ~ t~_. 7500 West 29th Avenue ~ The~Yy of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Rll~g'B November 7, 1997 The Wheat Ridge Department of Community Development has received a request for approval of a rezoning and site clan development at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 24. 1997. No response from you by this date will constitute ao objections or concerns regazding this proposal. CASE NO: WZ-97-IS/Cleaveland LOCATION: 12200 W. 44th Avenue REQUESTED ACTION: Rezoning from Agricultural-Two and Residential-One and approval of a site plan. PURPOSE: Conversion of property to a recreational vehicle sales lot. APPROXIMATE AREA: 1.37 acres of land area. 1. Are pub]'c facilities or services provided by your agency adequate to serve this development? YES NO If "NO'~_ please explain below. 2. Are service lines available to the development? YES NO_ _If "NO", please explain below. 3. Do you h ve adequate capacities to service the development? YES NO_ If "NO", please explain below. 4. Can an 'll your agency service this proposed development subject to your rules and regulations? YES NO_ If "NO", please explain below. 5. Are there any concerns or problems you agency has identified wh ich would or should affect approval of this request? Please reply to: Meredith Reckert Department of Planning & Development DISTRIBUTION: X TCI of Colorado X Water District (Valley) Jeffco Health Department X Sanitation District (Fmitdale) Jeffco Schools X Fire District (Arvada) Jeffco Commissioners Adjacent City X Denver Water Boazd X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Lane Use Commission X WHEAT RIDGE Public Works Dept. State Geological Survey X WHEAT RIDGE Park & Rec Commission Colorado Dept. Of Transportation X WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife X WHEAT RIDGE Building Division "The Carnation City" ~7ENVER VV~-~E~ 7600 West 12th Avenue • Denver, Colorado 80254 Phone (303) 628-6000 • Fan No. (303) 628.6199 November 18, 1997 Iy ~~V i V IUJI Meredith Reckert Planning Department -"-'--- --____ City of Wheat Ridge -~ 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Case No, WZ-97-15/Cleaveland (12200 West 44th Avenue) Dear Ms. Reckert: The above referenced properiy.is located within the Contract Service Area Boundaries of the Valley Water District. Water service to the property is subject to compliance with the Operating Rules, Engineering Standazds and Ch ges of both the District and Denver Water. Questions on the District's s rvice requirements should be directed to the District's Manager, Bob Arnold at 424-9661. Que tions on Denver Water's requirements should be directed to me at 628-6108. Sincerely, ~~~~~ James F. Culligan Distributor Services JFC/rma cc: Bob Arnold, Manager, Valley Water District N:\~iTUFC\RECf~RT.16 CONSEZVE _. _ ' • MEMORANDUM Approved Date TO: Meredith Reckert, Senior Planner FROM: Greg Knudson, Development Review Engineer ~, DATE: November 17, 1997 SUBJ: 12200 West 44th Avenue, WZ-97-15/Cleveland The Public Works Department has reviewed the Planning Department referral dated November 24, 1997.for the above referenced site, and has the following comments: 1. The proposed development, or a portion thereof, appears to be located within the Clear Creek 100-year flood plain boundary. Those applicable requirements, as defined in Article II. Floodplain Zoning of the Wheat Ridge Code of Laws, will need to be met by the developer. Please note that these requirements include the submittal of a final drainage report and plan for this site. 2. We will need a completed Dumping/Landfill- Permit. Iri conjunction with the requirements'of this permit, an erosion control plan may need to be submitted for review and approval-. _ - - 3. Engineered construction drawings will not be required due to the existing public improvements along the West 44th Avenue - - rontage. 4. We will need a legal description for this site to confirm. property boundaries and ownership. 5. The Traffic Division-has reviewed this referral, and has no comments at-this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File i a VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO iS0034 TELEPHONE 424-9661 FAX 424-0828 November 19, 1997 Meredith Reckert City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80214 _ Dear Meredith: In reference to your referral for Case No. WZ-97-15/Cleaveland at 12200 W. 44th Avenue, Valley Water District has reviewed and offered the following. Valley Water District and staff and Steve Steigleder of Arvada Fire Protection District have met with Summer Chase and the prospective buyer of the property. Arvada Fire Protection District has a major concern that will require the property owner to work out an agreement for an easement with one of the adjoining property owners to meet Arvada Fire Protection District requirements. Valley Water District can not run a water main line in from our W. 44th Avenue main line due to the fact that a 30' easement would be needed and with the current buildings, there would not be enough room on either side. Summer Chase and the prospective buyers were going to try and work out a solution to the problem that would meet AFPD requirement. I have not heard back if this has been accomplished or not. If you have any questions, please feel free to give me a call. Sincerely, ~~~~~~ Robert Arnold Manager 7500 West29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 November 7, 1997 ~~ ~°®~ d ~ Ridge The Wheat Ridge Departrnent of Community Development has received a request for approval of a rezoning_and site plan development at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 24. 1997. No response from you by this date will constitute no objections or concems regazding this proposal. CASE NO: WZ-97-15/Cleaveland LOCATION: 12200 W. 44th Avenue REQUESTED ACTION: Rezoning from Agricultural-Two and Residential-One and approval of a site plan. PURPOSE: Conversion of property to a recreational vehicle sales lot. APPROXIMATE AREA: 1.37 acres of land area. 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO . If"NO",pleaseexplain below. Unknown at present -see attached letter 2. Are service lines available to the development? YES X NO . If "NO", please explain below. Currently -served by a 1" tap and meter. 3. Do you have adequate capacities to service the development? YES X NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO . If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Yes - see_attached letter , Please reply to: Meredith Reckert _ - , _ _. . Department of Planning & Development DISTRIBUTION: X X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Arvada) Adjacent City X X Public Service Co. X X US West Communications X State Lane Use Commission X State Geological Survey X Colorado Dept. Of Transportation X Colorado Div. Of Q/ildlife X The rry of Wheat TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners Denver Water Board WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Pazk & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation City" INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1998 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW RECREATIONAL VEHICLE RENTAL AND SALES IN ARESTRICTED-COMMERCIAL ZONE DISTRICT ON LAND LOCATED AT 12200 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Vashi Sachanandani for Karen Cleaveland for approval of a special use permit in Wheat Ridge, Colorado, Case No. SUP-98-3 based on recommendation for approval with conditions from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, a Special Use Permit to allow Recreational Vehicle Rental and Sales is hereby approved for the following described land: LOT 1 AND THE EAST 100 FEET OF LOTS 6 & 7, JENSON SUBDIVISION, JEFFERSON COUNTY. THE SOUTH 210 FEET OF THE NORTH 773.7 FEET OF TRACT 1, PEARL OF THE VALLEY, EXCEPT THE EAST 25 FEET THEREOF, RESERVED FOR ROAD, TOGETHER WITH TEMPORARY RIGHT-OF-WAY AS PRESENTLY EXISTING OVER THE PROPERTY TO THE WEST FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY FROM WEST 44TH AVENUE. Section 2. Condition . 1. The Special Use Permit be issued for the sales and rental of recreational vehicles for property located at 12200 W. 44th Avenue under the ownership and operation of Vashi Sachanandani. 2. The site plan be recorded with the Jefferson County Recorder's Office as an official development plan. 3. The following conditions of approval be added to the site plan: a. For buffering along the west and south, a 10' high solid would decorative fence with at least one gate with a variance be granted with 6' high trees planted at 30' intervals the type to be chosen in consultation with the neighbors and approved by the City Arborist and with a sprinkler system on the outside of the fence. b. Lighting shall be meet the following standards: - light poles shall be limited to 20 feet in height; - fixtures used shall be shielded or designed to direct light downward so that light is contained on the property; - all lights on the rear of the property shall be activated only by motion detectors. c. No loudspeakers be allowed. d. Outside materials used on the new building shall match the materials of the existing building. e. Signage be limited to the existing freestanding sign on the property plus one wall sign oriented towazd 44th Avenue. £ Height limitation for any future building will be 20 feet. g. An easement for fire access be approved by the Arvada Fire Department and recorded with Jefferson County. h. Paving be concrete or asphalt. I. That there be no propane fueling on the property. j. Hours of operation will be no earlier than 8:00 a.m. and no later than 8:30 p.m. k. That there be an agreement acceptable to the City between the property owner to the east and the applicant regarding payment for the fence and trees to be placed on the east side of that fence. 1. That there be a Utility easement on west side of property approved by Public Service Company and the telephone company and recorded on the plan. m. No pennants, streamers, or banners be allowed more than 100' from 44th Avenue. n. Landscaping will be approved and consistently maintained to City standards. Section 3 Vested Property Rights. Approval of this special use permit does not create a vested property right. This special use is approved subject to the revocation and termination provisions of Ordinance 945, Series of 1993. Section 4 Safety lause. The City Council hereby finds, determines, and declazes that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance beazs a rational relation to the proper legislative object sought to be attained. Section 5 Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6 Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1998, ordered published in full. in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1998, at 7:00 o'clock p.m., in the Council Chambers; 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,-this day of , 1998. SIGNED by the Mayor on this day of , 1997. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang; City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Published: Wheat Ridge Transcript 1st Publication: 2nd Publication: Effective Date: Ordinance No. Page 3 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1998 AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-TWO AND RESIDENTIAL-ONE TO RESTRICTED-COMMERCIAL DISTRICT ON LAND LOCATED AT 12200 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: e t'on Upon application by Vashi Sachanandani for Karen Cleaveland for approval of a rezoning, in Wheat Ridge, Colorado, Case No. WZ-98-1 based on recommendation for approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the A-2 and R-1 zone district and to include int he R-C the following described land: LOT 1 AND THE EAST 100 FEET OF LOTS 6 & 7, JENSON SUBDIVISION, JEFFERSON COUNTY. THE SOUTH 210 FEET OF THE NORTH 773.7 FEET OF TRACT 1, PEARL OF THE VALLEY, EXCEPT THE EAST 25 FEET THEREOF, RESERVED FOR ROAD, TOGETHER WITH TEMPORARY RIGHT-OF-WAY AS PRESENTLY EXISTING OVER THE PROPERTY TO THE WEST FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY FROM WEST 44TH AVENUE. Section 2. Condition. All buildings on the property shall be limited to 20' in height. Section 3. Vested Property Ri~htc. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council fiirther determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5 Severabilit~ If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Claude If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of .1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for . 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of _ .1998. SIGNED by the Mayor on this day of , 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Published: Wheat Ridge Transcript 1st Publication: ~.tr~s~1 r~~.~~ta?r,~~T- ~a~2~ jai 1220/ of . ~Y~` Sv~~-1v~ if~~cJ~4-ti iM~rfx]'v W 1±~V '~urU.~° ~ 13112D~~ 't~4C•~ cv: h_p.rti . _ _ ~~Pt-I.cbNT' ~vrZCu.c~l-r i~ ~Lii~ i rt~i _ L!&~~l,tr.,,u.+. _ rm~x~ µ.Jvs . ~~vr_a,,..~ in,s~r~ ~~! S~x,La..-- -fir. ~~~~~r- on1 au..~F r~-1~ s~-r~(t~.. cvc~~ b-S~Ua.~.t~- 'Di2c~~~~ w~ b~ th~~ 155+~t~.. 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