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GOLORADO BLVD. 0` TI V i i A 3~ $ PACIFICA HOLDING COMPANY 91117E 304 DENVER COLORADO 80223 4` jp j I ~ k ~ WHEAT RIDDE, COLORADO !303)758-BB~I FAX l58-8713 .~jZ ~~~ ~ (1~1 ~~'~1~~~~~~ ~~ ~~~~ ~, ~ ~ ~ ~,~ ~ .11 0 ~3 a ~ W i -.~ 1 ~ \ ~ U 1" ,,, JS _ / ~ ;. ~ J SSSYYY ~ ~ ~ \~ ~ ~ ~ u __- . -....._ _ __ ___..._-__- -U R ~ - i.;. ., ~ ~ W _ V~ 1 ~~ I ._- ^O N b 1. ~ j 1 I -1 U, ~ 8I " _ O @ 19'-B" ' 26' 13' ~ 30 X33'-6" o ~• t. ..... q ^~ W I,' ^ pp 1 -l I •' W ^ I vl . 8^ 1 - I °~° . 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O s I i _ .. _ - ... _.. _ - N lP ..- B b !~ c~ _ A r~ u- _ _ _ - ~^ n ^ oonpv o 00 ~\ ~~ __ 4 __ _. _. ~ oan^.n^ ^ _ ~~~ ~ V - ~-_ „~ooovoovo^o oovo^o o^ ^ 1 _ _ ~ ~ J ~ --- - b lr N a -- ~. - ^ ~~ .. d ^ I ^ i ~ a .o S W _~. ~^ ~.. ^O . _ V ^ W H'E A T 7500 WEST 29TH AVENUE F A C S I M I L E FAX# (303) 235-2857 From: l~-~~p' '" vale: 1._- _2 - 9' 3 No. of Pages ~- (not including cover sheet) R I D G E WHEAT RIDGE, COLORADO 80215 i - - '. __ ` ~~ T~;~ j _ .. PL:~CNING ANU 'l,ONING - PARKS ANU RECKEATtUN ~ PlIt3LIC ~AORI:S (.1Qi(2"~-28~!(i ----- (+Ui) 23i-?ti77 (;ii;) ~:?-?tiGl __:...~ • f gU51NE55 PARK ""~~Dr~Y K ani ~.~ pARK FILING FILING N0.4 q No3 AN~ID. {~ GD ~N I 'PLAZA {~ GD wz_as-e ~ wz e4-3o 8 . , K1~"1 n.~ f~ - REST LOT N SpCgi (LING h5P-036 ` S'~ ~'~,~"E33 KIPLING SOI FrC~ING O 9UiINE55 ~'I RK FILING N { PARK IUNG N02 REPEAT bF, -_ I LOT I ~<. Ylsv2:.~4].. I I a _ -- w 4vrr{ we-_ ~- I~ - x - 1 ~a wz-~ P.M.FOX ' ~ I "~ D,hV I S M ~ 8 G- I ~~D S B I {~ I i`-2 ~- {~GD KETELSEN ADDITION wz-44-2 ~ I ~l yl I :I gl ' BUSINESS - ' _J ~~D ~ ' - s F - - ' ~ ~ wz es-~ ~`. -- ~ ,:., ; __ ; I WZ-84~i4 E1 i -- _ -- i j ~- WZ-%3 1 ~ I F N ~.-. ._._._. l~ ~ i~._._.-._._._.-.-. ~~ _._._._.-._.~ __ ~ i I ~ f- .\ .-. _._._._._._. I A _ - -~ .~ __ .. w ° P m _ 70 EX LE MARGMS [: CENTER WZ-71-19 ~~D k; E r ~- I ,,~.~-4 - A ~ f ~~ m 9' • ' 1 m n F • ~ N[ H YTn ~, ~ s ~ use o - Name and Address Please Print . l' 3 ~GGI/ 1~ a~ GG~ ,~ ~~ ~ ~ i d9d~ w 3~~~ ~ ~ ~~33 i • ~ ~ ~ ~~ --- . ~ ~ .~ ~ ~ ~ ti - ~~~ ,j ~nr ~ ~ °` ~ ~~. ~ ~~ ~ ~~ ~ GW /~tic~i ~~ PACIFICA -~1 HOLDING COMPANY January 31, 1997 Mr. Louis J. Ficco Mr. Anthony M. Ficco 3650 Vance Street, #1 Wheat Ridge, CO 80033 5350 S. Roslyn Street Suite 240 Englewood, CO 80111 303-721-7600 Fax-220.5585 Re: Neighborhood Input Meeting Thursday, February 6, 1997 at 6:00 p.m. in the Lobby Conference Room at City Hall 7500 West 29th Avenue, Wheat Ridge, Colorado Deaz ResidentJProperiy Owner: This letter is to inform you that Pacifica Development Properties II, LLC is proposing a rezoning from C-1 to Planned Commercial Development for the property currently under construction at 9500 West 49th Avenue in Wheat Ridge. We will be holding a neighborhood input meeting for all residents and owners within a 600 foot radius of this property. The purpose of this meeting is for us, as owner and developer, to present our proposal to you and also to allow you, as a neighborhood, to express directly to us your concerns, issues and desires. A staffplanner will attend the meeting to discuss the City of Wheat Ridge policy and regulations and the process involved, however, the planner will remain impartial regazding the viability of the project. The purpose of our proposal is to add several uses not currently allowed under C-1 that will broaden the tenant base-for the project without deviating from the clean, professional business pazk environment that we have committed to provide. Some of these additional uses include reseazch laboratories, printing, engraving and other related reproduction processes, wholesale businesses, wazehousing with light vehicular traffiq light manufachrting and assembly including the production of instruments of professional, scientifiq photographic, optical and other similaz uses, etc. In consideration of the above requests, we have gone through the current uses allowed under C-1 and are willing to give up those uses which we feel would have a negative impact on the neighborhood. These include adult entertainment establishments, automobile and light duty truck sales and rental, auto service and repair shops, mortuaries and crematories, motor fueling stations, drive-in restaurants, pawn shops, taverns, nightclubs and bars, etc. Our goal is to add value to the surrounding neighborhood through the construction and lease-up of a high-end business pazk that would benefit the community without adversely impacting the day-to-day lives of the surrounding residents. We look forwazd to meeting with you to discuss any questions or concerns you may have. After attending the neighborhood input meeting, please use the back of this letter to list any specific wncems, issues or suggestions which you may have regazding this proposal. Please sign it and give it to us as we aze required to provide these forms to the City along with our application. Sincerely, PACIFICA DE O~NT PRO S, LLC Michael H. Kendall g:ldelaldoalknidaLLlnriShhordtr ~~ . -- I -- __ il~ ~~--u-e--~_ < ~ -- -_._.. ~_ _.__ ~~_.- ~ - ~ ---- f ^ ~. -- - -- ~- ---- - __ ~- - - - - --- ---- ~~-~- ~ C ~J~~' --- - - . //jl~/DW, _'~ ~~_ s i~1 i ~ _ ~,~, me ciry or ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West-29th Ave., Wheat Ridge, CO 80033. Phone (303) 237-6944 Applicant Pacifica Holdin CompanyLlACddress 5350 S. Roslyn St-46240 phone 220-5565 Pacifica Development Properties, II Eng ewoo , Owner LLC, successor in interest to A~'$~kia~ Pacifica ARKA/I-70 Phone 220-5565 Kipling LLC Location. of request 70-Executive Center known as 9500-Td~ 49th Ave, Wheat Ridge Type of action requested (check one or more of the actions listed-below which pertain to your request.) d Change of zone or-zone conditions % Site development plan approval Special use permit Conditional use permit ' Temporary-use/building permit Minor subdivision Subdivision 8 Preliminary Final ** See attached procedural guide for specific-requirements. 8 Variance/Waiver Nonconforming use change- ^ Flood plain special exception' Interpretation of code Zone line modification Public Improvement Exception Street vacation - - Miscellaneous plat Solid waste landfill/ " 'mineral extraction permit ^ Other Detailed Description of request A change of zone District as fully outlined on the attac i-t-e3-E anDP-d pDp; 0~1~' day List all-persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. successor in interest to Pacifica ARKA/Kipling 1-70 LLC NAME ADDRESS PHONE OWrier : Pacifi c_a Dev_elopment Properties II, LLC 5350 So. Roslyn Street, #240,-Englewood, CO 80171, 220-5565 Lender: Norwest Bank Colorado, N.A., Attn: Chuck Miller, 17408 roadway,~Denver, CO 80274-8663,86 ~-5 Leccea: Citywide Bank, Attn: Bill Edwards 12075 E. 45th Aver Denver CO 80239 365 8000 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 actior; danribt lal4fully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of -this action orf hi~ehalf. Signature of Applicant and Q, ,: "~ r~~AaLOTAgY ~ ~~ Da to a l~2arc!1~. , My commission expires: ~'~y"%~ - ZO - `f =(- Receipt No. Case No. PACIFICA COMMERCIAL BROKERAGE GROUP Features: • 106,447 square feet • Units starting from 2,061 square feet • Office Area: 10-80% • Construction: Architectural concrete tilt-up panels • Zoning: C-1 office, office/showroom and quasi-retail uses • Loading: Dock-high and drive-in • Ceiling Clearance: 16' - 18' clear height PACIFICA I-70 WEST BUSINESS PARK Quality Office/Showroom/Flex Space East of Kipling and I-70 at Independence Street NEW CONSTRUCTION 64th Ave 64th Ave. 301 rj, y . y c 58th Ave. FalSton Rtl ~°, i6 a ~ m v SITE m ~ c - - v~~ ~ 3 _ ao 2 a m ~ Sa 38th Ave. m m g a u; m s v - n W N tt ~ o so >° olfax ve °~ ' ~ u 6th Ave Freewa s • Fully sprinklered • General Remarks: First class, heavily landscaped business park environment with excellent access, visibility and signage exposure from West I-70. Located just east of Kipling at Independence Street. For More Information Contact: (303)220-5565 Michael Kendall Ext. 148 or (303) 429-7100 Steve Smith Ext. 132 Pacifica Holding Company • 5350 South Roslyn Street, Suite 240 • Englewood, CO 80111 •7100 North Broadway • Denver, CO 80221 dfl information furnished regarding the sale, rental, or financing is obtained from sources deemed reliable. No representation is made as to the accuracy thereof and is submitted subject to ' errors,omissions, change of price, retltaf or other condifionst arnsacnon,fand assucho ves all dutiesdand obligations (hereto.a<efca Holding Company represents the Seller/Lessor irz this a m -o r z ~® i t INDEP~ND~NCE STREET •. .; • • When recorded return to: Karsh & Fulton, P.C. 950 South Cherry Street Suite 710 Denver, Colorado 80222 (303) 759-9669 GRANT OF RECIPROCAL EASEMENTS AND DECLARATION OF COVENANTS RUNNING WITH THE LAND 70 Executive Center Amended Subdivision Jefferson County, Colorado TABLE OF CONTENTS 1. RECITALS/DEFINITIONS 1 2. GRANT OF RECIPROCAL EASEMENTS 3 3. USE AND RESTRICTIVE COVENANTS 7 4. COMMON AREA MAINTENANCE 10 5. PROPERTY TAXES 14 6. PARKING AREA 15 7. INDEMNIFICATION 15 8. FUTURE CONSTRUCTION 17 9. RIGHTS UPON DEFAULT 18 10. MULTIPLE OWNERSHIP 20 11. RELEASE UPON SALE OF INTEREST 21 12. EFFECT OF BREACH UPON PURCHASES AND MORTGAGES 22 13. COVENANTS AND RECORDATION 22 14. MISCELLANEOUS 23 GRANT OF RECIPROCAL EASEMENTS AND DECLARATION OF COVENANTS RUNNING WITH THE LAND 70 Executive Center Amended Subdivision Jefferson County, Colorado This Grant of Reciprocal Easements and Declaration of Covenants Running With the Land (the "Declaration") is made and entered into this _day of 1997 by Pacifica Development Properties II, LLC, a Colorado Limited Liability Company ("Developer"); R E C I T A L S This Declaration is made and executed upon the basis of the following facts, understandings and intentions of the Developer; A. Developer is the owner of that certain parcel of real property located in the County of Jefferson, State of Colorado, designated as Lot 1, Lot 2, Lot 3 and Lot 4, 70 Executive Center Amended Subdivision, (individually referred to herein as "Lot" or "Parcel" and collectively referred to as "Lots" or "Parcels"). B. The Developer intends to develop and operate the respective Parcels in conjunction with each other as integral parts of a commercial center (the "Center"), as shown on the Site Plan, a copy of which is attached hereto as Exhibit A and made a part hereof. To effectuate the common use and operation of the Center, Developer intends that the Parcels shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which shall run with the Parcels and be binding upon all parties having any right, title or interest in the Parcels or-any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. NOW THEREFORE, Developer makes the following grants, covenants, conditions, restrictions, submissions and declarations: 1. Definitions. Each reference in this Declaration to any of the following terms shall mean: 1.1 Building Area: Those areas shown on the„Site Plan to be utilized for construction of buildings and improvements intended for commercial or other related. uses by the Owners and other Occupants, including appurtenant loading docks, truck tunnels and truck ramps. 1.2 Common Areas. All areas of the Center, other than Building Areas, loading docks, truck tunnels and truck ramps located on any portion of the Parcels as. shown on the Site Plan, encompassing without limitation all those facilities within or upon the Parcels for-the non-exclusive use of Owners, Occupants and Users in common, including but not limited to, Parking Areas, service areas, driveways, areas of ingress and egress, sidewalk and other pedestrian ways, areas containing buildings or structures used in connection with the maintenance of the Common Area roadways, sanitary and storm sewer areas, delivery areas, landscape areas, areas containing signs or structures advertising the common name given for the Center, together with the signs and structures constructed thereon. Any enlargement of or addition to the Common Area as provided herein shall be included in the definition of Common Area for purposes of this Declaration. 1.3 Gross Floor Area. The maximum area allowed to be contained within the boundaries of the exterior surface of exterior walls (and from the extensions thereof in the case of openings) of any building located on any Building Area, excluding any mezzanine storage or mezzanine office space in the interior of any buildings, truck tunnels, loading docks, truck ramps and wells, areas for trade loading and unloading (to the extent such facilities lie outside exterior building lines) utility and/or mechanical equipment, vaults, rooms, penthouses or areas (including without limitation any rooftop areas and vaults, whether located partially or wholly outside of such exterior walls). For purposes of this Declaration, the allowed Gross Floor Area of each Lot under this Declaration is set forth on the Site Plan and shall be as follows: Lot 1 41.658 sq. ft. Lot 2 29 348 sq. ft. Lot 3 19 116- sq. ft. Lot 4 16.402 sq. ft. The Gross Floor Areas set forth hereinabove shall be modified in writing as necessary to reflect any change in allowed Gross Plan Area by Conversion of Building Area to Common Area or expansion of any Building Area to Common Area or the expansion of any Building Area or building thereon as provided by this Declaration. 1.4 Occupant. Any Person or Persons from time to time entitled to the use and occupancy of any portion of the Building Area in the Center under this Declaration or any lease, license or concession agreement, or other instrument or arrangement under which the Occupant acquires its right to such use and occupancy. 1.5 Owner or Owners. The Developer executing this Declaration and its successors in interest holding fee simple title to the Parcels, as shown in the official records of the County of Jefferson, State of Colorado, as of the time in question. The term tonallsorlany portionh of the Parcels comprising thecCen ere .title 1.6 Parkina Areas. That portion of the Common Area used for parking of motor vehicles, including without limitation, incidental and interior roadways, walkways, curbs and landscaping within the areas used for such parking, together with all improvements which at any time are erected thereon, but excluding truck ramps, loading or delivery areas located in the Common Area. Any enlargement of or addition to the Parking Area shall be included in the definition of Parking Area for purposes of this Declaration. - 2 - 1.7 Person or Persons. Individuals, partnerships, firms, associations, corporations, limited liability companies, trusts, governmental agency, administrative tribunal, or any other form of business or legal entity. 1.8 The Center. Lots 1, 2, 3 and 4 as shown on the Site Plan, including Building Areas and Common Areas. 1.9 Users. All persons granted permission to utilize the Common Area, including without limitation, Occupants, Owners, employees and service people, licensees, invitees, customers, owners, contractors, agents, leasees, subleasees, tenants and concessionaires. 1.10 Other Terms. Certain other terms shall have the meaning set forth for each such term in this Declaration. 2. Grant of Reciprocal Easements. 2.1 Common Area Easements.. The Common Area on each Parcel shall be used only for the following purposes related to the businesses and activities conducted in the Center: (a) Parking. Parking of motor vehicles in Parking Areas. (b) Ingress and Egress. Ingress and egress by any Users and any motor vehicles of such Users to and from any portion of the Common Area and the public streets adjacent to the Common Area. (c) Public Utilities. Installation, maintenance and operation of public utilities and services for the Common Area or Building Area, together with and including, without limitation, vaults, manholes, meters, transformers, pipelines, valves, pumps, generators, hydrants, sprinkler controls, conduits, sewage facilities, and all related facilities, all of which shall whenever and wherever reasonably feasible be located below the surface of the Common Area, or the surface of any other above ground improvements located thereon; provided, however, that in any event, (i) all of the foregoing .permitted public utilities and installations, which are located above the surface of the Common Area, shall be placed so as not to interfere with, restrict, or impede other uses of Common Area provided for herein; and (ii} no such public utilities and installations, which must be located above the surface of the Common Area, shall be placed upon any Parcel without the prior written consent of the Owner whose Parcel is affected, which consent shall not be unreasonably withheld. (d) Pedestrian Traffic. Pedestrian traffic by Users between business establishments in the Building Areas, between the Building Areas, the Parking Areas, and between the Building and Parking Areas and the adjoining streets. - 3 - (e) Comfort and Convenience.- Installation of mailboxes, public telephones, and benches, as each Owner may from time to time deem appropriate to construct or permit to be constructed on their respective Parcels; provided, however, that (i) no such minor convenience facilities shall interfere with, restrict or impede other uses of the Common Area provided for herein, and (ii), the design and location of such minor convenience facilities shall not be inconsistent with the requirements of Section 8.2(a). (f) Temporary Construction Activity. Construction, maintenance, repair, replacement, rearrangement and remodeling of Building Areas, Parking Areas, and landscaping, pedestrian walkways and other improvements in the Common Area not substantially affecting or changing the Common Area except as permitted or required herein. All such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with use of Common Area, shall be diligently prosecuted to completion, and shall otherwise be performed in compliance with the provisions of Section 2.6 hereof. In connection with work of construction performed within Building Areas, incidental encroachment upon Common Area may occur as a result of the use of ladders, scaffolding, store-front barricades and similar facilities resulting in temporary obstruction of portions of the Common area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of construction work expeditiously pursued. Common Area may be utilized for ingress and egress of vehicles transporting construction materials and equipment and persons employed in connection with any work provided for herein and temporary storage of materials and vehicles being utilized in connection with such construction, subject to al of the other terms of this Agreement. (g) Service and Delivery Vehicles.. Ingress, egress, and temporary parking of delivery and service vehicles traveling to and from the Building Areas, or any portion thereof, and the public streets adjacent to the Center for the delivery of goods, wares, merchandise,. furniture, fixtures, supplies and equipment, and the rendition of services to any Occupant. (h) Doors and Exits. The opening onto the Common Area of doors and other exits of portions of the Building Area contiauous to the Common Area. (i) Foundations Footincfs Overhangs and canopies. Installation, repair, replacement and maintenance of: (i) building foundations and footings; (ii) pilasters and other building columns or pillars extending from any portion of the Building Area of any Parcel, over, onto, under and into the Common Area and any other Building Area; provided, however, that any building canopies or building overhangs on any building on a Parcel .shall not in any event extend beyond the vertical plane of the outside edge of a sidewalk, in the Common Area-located on the Parcel, adjoining the Building Area perimeter. - 4 - 2.2 Building Area Easements. The Building Area on each Parcel shall be subject to the following uses for the benefit of other Parcels: (a) Foundations and Footings. Installation, repair, replacement and maintenance of building foundations and footings required in connection with construction of improvements in the Building Area or Common Are on the Parcels; (b) Encroachments. Minor encroachments of building overhangs, support columns, canopies and caves; (c) Utility Connections. Connection to or with utility installations; provided, however,_that no such use shall be utilized or allowed in a manner which unreasonably burdens the affected Parcel, results in interference with the improvements thereon, or inconveniences unreasonably the Users or Occupants thereof. 2.3 Grant of Easements by Developer. Developer hereby grants and conveys the following easements: (a) Developer as the Owner of Lot 1 hereby grants, bargains, sells and conveys to the Owners of Lots 2, 3 and 4 and their respective successors and assigns a perpetual, non-exclusive easement for ingress, egress, access to the Common Area, and for the purposes set forth in Sections 2.1 and 2.2, over, across, in, under and through those portions of Lot 1-which are not from time to time improved with buildings or other structures. (b} Developer as the Owner of Lot 2 hereby grants, bargains, sells and conveys to the Owners of Lots 1, 3 and 4 and their respective successors and assigns a perpetual, non-exclusive easement for ingress, egress, access to the Common Area, and for the purposes set forth in Sections 2.1 and 2.2, over, across, in, under and through those portions of Lot 2 which are not from time to time improved with buildings or other structures. (c} Developer as the Owner of Lot 3 hereby grants, bargains, sells and conveys to the Owners of Lots 1, 2 and 4 and their respective successors and assigns a perpetual, non-exclusive easement for ingress, egress, access to the Common Area, and for the purposes set forth in Sections 2.1 and 2.2, over, across, in, under and through those portions of Lot 3 which are not from time to time improved with buildings or other structures.. (d) Developer as the Owner of Lot 4 hereby grants, bargains, sells and conveys to the Owners of Lots 1, 2 and 3 and their. respective successors and assigns a perpetual, non-exclusive easement for ingress, egress, access to the Common Area, and for the purposes set forth in Sections 2.1 and 2.2, over, across, in, under and through those portions of Lot 4 which are not from time to time improved with buildings or other structures. - 5 - 2.4 Use and Duration of Easements. Each easement granted herein shall be used by the Owners as an appurtenance to their respective Parcel and solely for the purposes of developing and operating the Parcels as the Center pursuant to a common plan of beneficial use. Subject to the provisions of Section 15.2 hereof relating to the amendment of this Declaration, the easements herein granted in each instance shall be perpetual and shall be appurtenant to the .Parcel owned by the grantee- of each such easement, and in each instance such easement shall be non-exclusive and for use in common with grantor by the grantees, all Users and Occupants. 2.5 Construction and Installation. (a) Construction Work Generally. All construction, alteration or repair work, undertaken by any Owner upon any Parcel pursuant to any easement granted herein or any other provision of this Declaration shall be accomplished promptly using due diligence so to do.- The Owner undertaking such work shall take all necessary measures to minimize any disruption~or inconvenience caused by such work to the other Owners, Occupants or Users of the affected Parcel. The Owner undertaking such work shall repair at its own cost and expense any and all damage caused by such work and shall restore the affected portion of the Parcel upon which such work is performed to a condition equal to or better than the condition existing prior to beginning such work. In addition, the Owner undertaking such work shall pay all costs and expenses associated therewith. All such work shall be undertaken only after giving the other Owners thirty (30) days prior written notice of the work to be undertaken, the scope and nature of the work, the duration of the work, and the area in which the work is to be performed. Such notice shall include any plans or specifications for the work which is to be accomplished on the affected parcel. (b) Utility Connections. Any work performed by an Owner to connect to, repair, relocate, maintain or install any storm drain, utility line, sewer, water line, gas line, telephone conduits or any other public utility service shall be performed so as to minimize interference with the provisions of such services to any other Owner, Occupant or other Parcel. No Owner shall interfere with any such public utilities and services if such interference would disrupt the orderly development and operation of the businesses conducted by any other Owners or Occupant on any other Parcel unless notice is provided pursuant to subsection (a) hereof of the nature and extent of the work to be undertaken in connection with such utilities and services, together with an offer to the Owner notified to permit that Owner to require that such work be-carried on at such times as would minimize or prevent the disruption of the orderly development and operation of any business conducted on the other Owner's Parcel. If an Owner elects to require performance of such work in such a manner so as to minimize or prevent such disruption, the Owner undertaking such work shall bear the cost of any overtime or other additional expenses necessitated by such request. Any work of installation, alteration, replacement or repair of utility installations which - 6 - requires interference with the paving in the Parking Areas or driveways in the Common Area shall be undertaken with particular care so as to minimize the impact upon traffic circulation within the Common Area and access of all Users to the various business established in the Center. (c) Obstruction. No. construction work shall be undertaken or caused to be undertaken, by any Owner which would interfere with or prevent ingress, egress and access by service or delivery vehicles to the service driveways, loading docks, truck tunnels and truck ramps. (d) Emeroency Work._ Notwithstanding any other notice-provision contained in this Section 2.5, in the event of emergency conditions, any owner may undertake the necessary construction work to remedy the emergency condition, provided that the Owner undertaking such work does so in good faith, gives notice thereof_to the other Parties upon the occurrence of-the emergency condition or as soon thereafter as possible, and otherwise conforms to the applicable provisions of this Section 2.5. 3. Use and Restrictive Covenants. 3.1 Commercial Purposes. The Center shall be used for commercial purposes only which shall be limited to the development, construction, leasing, operation and maintenance of mercantile, business and professional establishments and related facilities. 3.2 Buildino Area and Heicrht Limitations. Subject to the provisions contained in Article 8, buildings and structures shall only be placed or constructed upon the Building Area on each Parcel. rn no event shall any building or structures be erected by any Owner within the Common Area except as specifically permitted herein. No building developed or constructed on Lot 1 shall contain more than 41,658 square feet of Gross Floor Area. No building developed and constructed on Lot 2 shall contain more than 29.348 square feet of Gross Floor Area. No building developed and constructed on-Lot 3 shall contain more than 19.116 square feet of Gross Floor Area. No building developed and constructed on Lot 4 shall contain more-than 16.402 square feet of Gross Floor Area. All portions of Lots 1, 2, 3 and 4 which do not contain any building thereon shall. be Common Area for all purposes under this Declaration, including, without limitation, the use thereof in common by all Owners, Occupants and Users pursuant to this Declaration. All utilities servicing Lots 1, 2, 3 and 4 which do not contain any building thereon shall be Common Area for all purposes under this Declaration, including, without limitation, the use thereof in common by all Owners, Occupants and Users pursuant to this Declaration. All utilities servicing Lots 1, 2, 3 and 4 including, without limitation, the Common Area portion thereof, shall be separately metered, and all costs of installation of such separate meters shall be at no cost or expense to the Other Owners. "One story" as used herein includes mezzanines. For purposes of the height limitations herein contained, the height of any building - 7 - u or other permanent improvement constructed shall be measured from the lowest finished floor of the building or other improvements to the top of the highest single portion of the building ara thor improvement measured, including without limitations, any p p similar structure, using elevations and benchmark shown on the final grading plan for the Center. 3.3 Remodeling and Replacement. Buildings and improvements located within a Building Area may be remodeled, demolished, removed and replaced upon compliance with the provisions in Article 8 concerning harmonious deinltheecasetof harmonious development required shall also apply proposed reconstruction of buildings or improvements which have been damaged, destroyed by fire or other casualty or which have become worn out or obsolete, and such reconstruction will not substantially alter the size, height, bulk and exterior appearance of the improvements as they existed prior to the events or conditions requiring reconstruction, except as permitted in Section 8.3. Notice of intent to so reconstruct is to be given by the reconstructing Owner to the other Owners at least thirty (30) days prior to commencement of any_-work thereon. 3.4 Building Upkeep and Maintenance. All Owners shall provide for appropriate upkeep and maintenance for the exterior of the Building Area_of each such Owner's Parcel to ensure that the Center and each part hereof is maintained in a first class manner and retains at all times the appearance of a first class commercial complex. Such upkeep and maintenance shall include, without limitation, appropriate measures to protect wood, stucco and concrete surfaces from weathering, deterioration and aging, and to protect from and immediately remove graffiti- or other defacement from such surfaces. All required painting to exterior surfaces shall be done whenever reasonably necessary in order to comply with the provisions of this Section 3.4 but in no event less than once every seven (7) years and shall be with colors as may be appropriate to maintain the visual, architectural and aesthetic harmony and compatibility of the buildings of the Center. 3.5 Nuisances. No Owner or Occupant shall use or permit the use of its Parcel, or any portion thereof, (i) for the conduct of any offensive, noisy or dangerous trade, activity or occupation, (ii) for the maintenance of any nuisance or the conduct of any activity which violates public policy, (iii) for any activity which interferes with the business of any other Owner or Occupant of the Center, (iv) in violation of any governmental law, ordinance, rule or regulation of any governmental authority having jurisdiction over the Center or any portion thereof, (v) for-any other unreasonable use of its Parcel not compatible with the operation of a first class commercial complex. 3.6 Rules and Regulations. Developer may, from time to time, adopt rules and regulations pertaining to the use of all Common Areas by Owners, Occupants and Users, provided, however, that all such rules and regulations and other matters affecting Occupants and Users shall apply equally and without discrimination. - 8 - 3.7 No Walls Fences or &arriers. No walls, fences or barriers of any sort or kind shall be constructed or erected in the Center, or any portion thereof, by any Owner or Occupant. which shall prevent or impair the use or exercise of any of the easements granted herein, or the free access and movement of Owners, Occupants and IIsers, including without limitation pedestrians and vehicular traffic, between the various Parcels; provided, however, curb stops and other reasonable traffic controls, including without limitation traffic lights and stop signs, directional barriers and parking stops, as may be necessary to guide and control the orderly flow of traffic, may be installed so long as access driveways to the Parking Areas and the Center are not closed or blocked and the traffic circulation pattern of the Common Area, as shown on the Site Plan, is not changed or affected in any substantial way. 3.8 Fencing o_ff Construction. Each Owner at its own cost and expense shall fence off or cause to be fenced off any development, construction, repair, alteration or remodeling work performed by the Owner on any Parcel under this Declaration, that could adversely affect the other Parcels. Fencing shall be of a height and construction sufficient to protect existing facilities in the Center from inconveniences occasioned by such work. 3.9 Signs. No-free-standing, monument or pylon signs shall be located on the Common Area or Building Area except as shown on the Site Plan. No such signs shall be erected without the prior written approval of the Developer as to size, style, priority and arrangement of names, wording and height, which approval shall not be unreasonably withheld. All signs within the Center shall conform to the Sign Criteria set forth in Exhibit B, attached hereto and incorporated herein by reference. 3.10 Liahtinq. If "special" lighting (other than necessary for Center security) is required by any Owner or Occupant of the Center, then the electricity to service said lighting requirements shall be separately metered and all expenses thereof shall be paid by such Owner or Occupant which requires the special service. If such separate metering is not reasonably feasible, then the cost of such special lighting shall be determined on a pro rata basis in accordance with the special usage and all such pro rated expenses shall be paid by such Owner or Occupant which requires the special service. 4. Common Area Maintenance. Developer and/or assigns shall operate and maintain the Common Areas, including but not limited to Parking Areas, roads, sidewalks, landscaping;- drainage, public utilities and lighting facilities. Developer shall ensure that the Common Areas are maintained and operated in a first-class condition. Developer's obligation to maintain and operate shall include but not be limited to the following: (A) Paved Areas. Maintaining all paved surfaces and curbs of the Common Area in a smooth and evenly covered condition, which maintenance work shall include without limitation, cleaning, sweeping, restriping, repairing, and resurfacing of the Parking - 9 - Area, driveway area and curbs, using surfacing material of quality equal or superior to the original surfacing material. (B) Debris and Refuse. Removal of -all papers debris, snow, filth and refuse; and sweeping the Common Area to the extent necessary to keep the Common Area in a first-class, clean and orderly condition. (C) Signals and Markers. Placing, keeping in repair and replacing any appropriate directional signs, markers and lines. (D) Parking Area Lighting. Operating, keeping in repair and replacing when necessary, such parking lot lighting facilities as may be reasonably required. (E) Landscaped Areas. Maintain all present-and future landscaped areas, repairing automatic sprinkler systems or water lines in the Common Area, and making replacement of shrubs and other landscaping as necessary; provided, however, and if-any Owner requires or installs "special" landscaping other than that normal and consistent with the landscaping requirements- of the remainder of the Center, the maintenance and cost thereof shall be borne solely by such Owner without cost or expense to the other Owners and shall not be included in the cost of maintaining the .Common Areas hereunder. (F) Utilities. Maintaining and repairing any and all common storm drains, utility lines, sewers and other utility systems and services located in the Common Area which are necessary for the operation of the Common Area and the Building Area, and any buildings and improvements therein within the Center. (G) Obstructions. -Keeping Common .Area free -from obstructions not required or permitted hereunder, specifically (but without limitation) keeping Common Area free from any obstructions except in areas within the Center specifically designated by the owners for such purposes. (H) Center Pylon Signs. Maintaining and repairing any free-standing, monument or pylon signs in the Common Area which advertise the Center by its name. The entire cost of installing and maintaining any portion of such signs which advertise the presence or business of any owner or Occupant, together with an appropriate_prorata share of the cost of maintenance of the sign structure, shall be borne by such Owner or Occupant without cost or expense to the other Owners, and shall not be included in the cost of maintaining the Common Area hereunder. (I) Sidewalks and Bikepaths. Cleaning, maintenance and repair of all sidewalks and bikepaths including those situated on the perimeter of outside the boundaries of the Center. (J) Governmental Requirements. Complying with all applicable requirements of governmental agencies pertaining to the Common Areas, including without limitation, any alterations or - 10 - additions required to be made to, or safety required to be maintained in or about the laws, ordinances, rules, and regulations or adopted, enacted or made and applicable to appliances and devises Common Area under any orders now or hereafter the Common Area. (K) Personnel. Employment of such personnel, contractors, subcontractors, managers and other persons reasonably necessary for operation and- maintenance of the Common Area, including employment of persons required to regulate and administer parking regulations, to provide for security in the Common Area. Developer shall pay all Social Security, Workmen's Compensation, State Disability Insurance and other payments required to be made in connection with any such employment or for the benefit of such employees and contractors. 4.2 Insurance. Subject to the provisions herein contained, Developer shall maintain public liability insurance for the Common Area against the risks of bodily injury, property damage and personal injury liability with a limit of $2,000,000.00 for each occurrence, coverage to be in a comprehensive general liability form with the following endorsements to the extent available: (aa) deleting any employee exclusion on personal injury coverage,- (bb) including employees as additional insureds, (cc) providing for blanket contractual coverage, broad for property damage coverage and products completed operations coverage, (dd) deleting and liquor liability exclusions, and (ee) providing for coverage of employers automobile non-ownership liability. 4.3 Developer's Compensation. As com__pensation for the operation and maintenance of the Common Area as specified in Sections 4.1 and 4.2 hereof, Developer shall receive a fee equal to 10% of the total cost of the maintenance and operation of the Common Area as determined under Section 4.4 hereof. 4.4 Cost of O eration and Maintenance of Common Area: (a) Payment by Developer. All costs incurred in the operation and maintenance of the Common Area-shall be promptly paid directly by Developer when incurred. Developer shall expend only the monies reasonably necessary for the operation, maintenance and insurance of the Common Area. Notwithstanding anything to the contrary herein contained, the Owners of the Parcels shall reimburse Developer for their proportionate share of all costs and expenses paid and incurred by Developer in operating and maintaining the Common Areas together with .their proportionate share of Developer's fee under Section 4.3 hereof, which shall be calculated in an amount computed in the ratio that the total square footage of allowed Gross Floor Area within the Building Area of each Parcel bears to the total square footage of allowed Gross Floor Area of the entire Building Area on all Parcels. No Owner shall pay any share until its building has been completed and a Certificate of occupancy therefore has been issued. (b) At the end of each quarter of -the calendar year, Developer shall submit a statement to each Owner stating each - 11 - i Owner's proportionate share of the costs for operation and maintenance of the Common Area for the previous quarter, including its proportionate share of the Developer's fee payable under Section 4.3 hereof. The amounts shown on this statement to the Owners shall be due and payable within thirty (30) days from the date of mailing thereof. In addition to setting forth the amounts due from the Owners the statement shall contain a complete itemization of every item of cost or expense incurred by Developer for the operation and maintenance of the Common Area for the period covered by the statement and shall summarize for the period covered the totals of all such costs and expense. Developer shall also, within sixty (60) days of the end of each calendar year, submit to the Owners a statement summarizing and recapitulating all costs and expenses for the operation and maintenance of the Common Area during the previous year, together with the total amount paid by the Owners during such year hereunder. Developer shall in accordance with good bookkeeping practices maintain a complete record of each and 'every item of cost or expense incurred for the operation and maintenance of the Common Area and shall make such records available during normal business hours for inspection or audit by the Owners or their designated representatives, accountants, agents or attorneys. Developer shall keep and maintain a earsefrom the dateoof therstatement to which they applyf three (3) y (c) Maior Repairs or Replacements. Notwithstanding anything to the contrary contained in subsection (a) and (b) hereof in the event Developer is required to incur extraordinary cost or expense for a major repair or replacement of any portion of the Common Area, the proportionate share of such cost and expense shall be billed by statement to the Owners immediately upon being incurred by Developer, and shall be due and payable within thirty (30) days from the date of mailing thereof. In addition to setting forth the proportionate share due from the Owners the statement shall contain an appropriate description of the major repair or replacement, together with a complete itemization of cost or expense incurred by Developer for the major repair or replacement and shall summarize the totals of all such costs and expenses. Notwithstanding the provisions of this subsection (c), Developer may, prior to commencing work upon any major repair or replacement, submit to the Owners a statement setting forth an appropriate description of the major repair or replacement, together with a complete itemization of every item of cost or expense expected to be incurred for the major repair or replacement, a summary of the totals of all such costs and expenses, and the proportionate share of such costs and expenses to be borne by the Owners. Upon approval of such statement, Developer may provide for direct payment by the Owners of their proportionate share of amounts due for such major repair or replacement; provided that the obligation of the Owners for their proportionate share shall be several and not joint and limited to an amount not greater than the Owner's proportionate share, and the Owners shall not be responsible or liable for the proportionate share of any other Owner. For purposes of this Declaration the term "major repair" shall mean a - 12 - repair or replacement of any portion of the Common Area, the cost of which exceeds $15 000.00.__ (d) Permitted Expenses. Developer shall, at least sixty (60) days prior to the beginning of each calendar year submit to the Owners an estimated budget of the costs and expenses for the operation and maintenance of the Common Area hereunder for. such calendar year. The Owners within twenty (20) days of the receipt of the estimated budget, shall either approve or disapprove the same. If any Owner disapproves, it shall set forth in reasonable detail in writing its grounds for disapproval. Grounds for disapproval shall only consist of an Owner's submittal of bids of a substantially lower cost. The Owners shall then consult with Developer to establish a final approved estimated budget hereunder. Developer shall operate and maintain the Common Area under this Article 4 in accordance with the final approved estimated budget and shall not incur or make any cost or expenditure for such maintenance and operation not included in the final ,approved estimated budget. In the event a budget is not approved within twenty (20) days, then Developer may operate the Common Area and charge the Owners accordingly until such time as a new budget has been agreed upon by the Owners. Notwithstanding the foregoing, Developer shall have the right to make emergency repairs to the Common Area to prevent injury or damage to persons or property and the cost thereof shall be a Common Area expense whether or not theretofore approved by the owners hereunder. 4.5 Developer Defined. For purposes of this Article 4 and Section 2.1 (e) hereof, "Developer"-shall mean the original Developer, Pacifica Development Properties II, LLC, a Colorado limited liability company, and its successors in interest as Owners through ownership or acquisition of Lot 2 The Owner of Lot 2 shall at all times be responsible for the maintenance and operation of the Common Areas pursuant to this Article 4. 4.6 Standard of Performance. Developer shall use its best efforts and all due diligence to maintain and operate the Common Area in accordance with this Article 4. In the case o£ Occupants or Users violating or attempting to violate any of the provisions of this Declaration, Developer shall use such best- efforts means of persuasion or negotiation with such Occupant or User which may be appropriate or necessary under the circumstances to attempt to stop or prevent such violation, but if such efforts fail, Developer's obligation shall be limited to invocatiTOn°sions remedies available here uaranteeing the successoof such remedies. hereof, without however g 4.7 nnaratina Agreement. Notwithstanding any other provision to the contrreementt w th an unaff~iated th D d eparty may enter .into an ag operating entity for the operation and maintenance of the Common Area as provided in this Article 4 so long as the compensation amount in Section 4.3 is not exceeded. The Owners shall pay their proportionate shares of the expenses of the operating agreement, calculated in the ratio that the total square footage of Gross - 13 - Floor Area in the Building Area of each respective Parcel bears to the total square footage of Gross Floor Area of the entire Building Area on all Parcels 5. Property Taxes. 5.1 Payment of Property Taxes. The Owners and any successors in interest, shall each pay or cause to be paid directly when due all real property taxes and other special taxes and assessments which may be levied or assessed against their respective Parcels (including without limitation, any tax or assessment attributable to any interest created by this Declaration, any and all real property taxes and other special assessments levied or assessed against that portion of the Common Area lying within their respective Parcels and any and all taxes assessed pursuant to law ,or ordinance hereinafter art ofethebtaxes of substitution for or in addition to all or any p or assessments levied or assess against the Parcels and/or Common Areas. 5.2 Contest of Property Taxes. The Owners, individually or collectively, may contest in good faith any real property tax or other special tax or assessment levied upon its own Parcel. Any such contested tax or assessment shall be paid, however, prior to the time when an event may occur under any applicable law pursuant to a proceeding which may result in impairment of the rights created hereunder or terminate any provision hereof as applied to any Parcel. The Owners who are not parties to such contest shall execute such documents as may be reasonably necessary to establish or evidence the contesting Owner's right to contest any such tax, assessment or charge. The Owner making such contest shall indemnify the other Owners against any loss, cost, damage, injury or expense, including reasonable attorneys' fees, arising out.of or relating to the conduct of such contest, but no owner shall be charged with responsibility as a result of any such contest for any increased taxes allegedly resulting therefrom or as a result therefrom or as a result thereof. (, Parkin4 Area. 6.1 Non-Exclusive Use. All parking in the Common Area shall be for the non-exclusive use of all Users, as defined in Section 1.9. The number of non-exclusive parking spaces allocated under this Declaration to the respective parcels shall be known as "Allocated Parking", and in any instance where the amount of parking allocated to the separate parcels is relevant, such as in meeting City of Wheat Ridge parking requirements, this Declaration shall be controlling. 7. Indemnification and Public Liability Insurance. 7.1 Common Area Indemnity. Each Owner shall indemnify defend and hold the other Owners harmless from and against any and all claims, expenses, liabilities, loss, damage and costs, including any actions or proceedings in connection therewith and - 14 - reasonable attorneys' fees, incurred in connection with, arising from, due to or as a result of (i) the negligence, omission or willful misconduct of the indemnifying Owner, its agents, servants, employees, or Occupants, wherever the same may occur, or (ii) by reason of injury to death of persons, damage to property or claims of lien arising from work or labor performed, materials or supplies.. furnished in connection with use by an Owner of the easements and rights granted hereunder or exercise by an Owner of the rights granted to it herein, except claims resulting from the negligence or willful act or omission of the indemnified owner, or its agents, servants, employees or Occupants.- Notwithstanding any of the provisions of this Section 7.1 to the contrary, each Owner hereto waives any right of recovery against the other Owners for any loss, damage or injury to the extent the same is covered by insurance provided for by this Declaration. 7.2 Building Area Indemnitv. Each Owner shall indemnify, defend and hold the other Owners harmless from and against all claims, expenses, liabilities, loss, damage and costs, including any actions or proceedings in connection therewith and including reasonable attorneys' fees, incurred in connection with, arising from, due to or-as a result of the death of any accident, injury, loss or damage, however caused, to any person or loss of or damage to the property of any person as shall occur in the Building Area. located or occupied on each Owner's Parcel, except claims resulting from the negligence or willful act or omission of the indemnified Owner or any Occupant of any such Owner's Parcel, or the agents, servants or employees of such indemnified Owner, wherever the same may occur. Notwithstanding any of the provisions of this Section 7.2 to the contrary, each Owner hereto waives any right of recovery against the other Owners for any loss, damage or injury to the extent the same is covered by insurance provided for by this Declaration. 7.3. Public Liability Insurance. Each Owner shall at all times during the term hereof maintain or cause to be maintained comprehensive public liability insurance covering the Building Area located or occupied on each Owner's Parcel, insuring against the risks of bodily injury and property damage with respect to the Building Area located or occupied on each Parcel with a limit not less than $2,000,,000.00 per occurrence, coverage to be in a comprehensive general liability form. Each Owner shall furnish to the other Owners, on or before the effective date of any such policy, a certificate thereof stating that such insurance is in full force and effect and that the premiums therefor have been paid. The other Owners shall be named additional insureds thereunder and such insurance shall provide that the same may not be canceled without at least thirty (30) days' prior written notice to the other Owners. 7.4. Fire Insurance. The Owners shall at all times during the term hereof maintain or cause to be maintained fire insurance with extended coverage, vandalism and malicious mischief endorsements upon all buildings located in the Building Area upon their respective Parcels of not less than ninety percent (90%) of - 15 - ___ the full replacement cost thereof (excluding foundations or excavations). The loss, if any, covered by such insurance shall be paid tc the respective Owner unless payment of all or a portion of said insurance is required to be made to a mortgagee, deed of trust beneficiary or leaseback lessor, as its interest may appear. Each owner shall have the power to adjust and settle any loss with its insurer. In the event of any damage to or destruction of any building in the Building Area of a Parcel from any cause insured against by the insurance required under this Section 7.4, each Owner, whichever is the affected party, shall unless released from such obligation by the other Owners in writing, repair (or cause to be repaired) any such damage or destruction and reconstruct the building in accordance with (i) the concept of an integrated Center, and (ii) the provisions of Article 8 of this Declaration. The proceeds of all. insurance shall be used by the affected Owner in payment for the restoration and reconstruction of the building. The affected Owner shall commence (or cause to be commenced) restoration and reconstruction as herein provided as soon as possible after receipt of the proceeds from insurance therefor and shall use all --diligence to- repair or reconstruct within a reasonable period of time thereafter. 7.5. Mutual Release. Each Owner for itself, and, to the extent it is legally possible for it to do so, on behalf of its insurer and without affecting the coverage provided by insurance required to be maintained by any Owner hereunder hereby releases and waives any right to recover against the other Owners from any liability for (i) damages for, injury to or death of persons, (ii) any loss or damage to property, including without limitation the property of any Owner, Occupant or User located upon or in the Center, (iii) any loss or damage to buildings or other improvements in the Center or- the contents thereof, (iv) any other direct or indirect loss or damage caused by fire or .other risks, which loss or damage caused by fire or other risks, which loss or damage is of the type generally covered by standard casualty insurance coverage, or (v) claims arising by reason of any of the foregoing, to the extent that such damages and/or claims are covered (and only to the extent of such coverage.) by insurance actually carried by each Owner. No Owner shall be liable to any other Owner for such loss or damage, irrespective of any negligence on the part of such Owner which may have contributed to such loss or damage. The provisions of this Section 7.5 are intended to restrict each Owner (as permitted by law) to recovery against insurance carriers to the extent of such coverage, and waive fully, and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier. 8. Future Construction. 8.1. Additional Buildings. Subject to the provisions contained in this Article 8, Developer and the Owners may develop and construct (or cause to be developed and constructed) within the Building Areas of Lots 1, 2, 3 and 4, additional buildings and improvements to the Center, and may remodel and reconstruct existing buildings and improvements located in-the Building Area. - 16 - 8.2. Uniform Development Plan. (a) Harmonious Development. Any building erected in any Building Area, any remodeling or reconstruction work undertaken on any existing buildings in the Building Area shall at all times be of first quality construction and architectural design and harmonious use. The Owners intend by this agreement to create a uniform general plan for the Center. Any additional development or construction in the Building Areas, remodeling or reconstruction of any building in the Building Areas shall at all times conform to the original design concepts so that the exterior of all such buildings, including without limitation, exterior elevation and color thereof, will be_architecturally and aesthetically compatible and harmonious with the other buildings in the Center. (b) Injunction Against Nonconforming Improvements. Any work of construction or improvement undertaken on any Parcel shall be deemed to be in compliance with the provisions hereof, in a manner conclusive for the benefit of any third party who relies thereon in good faith, unless an action to enjoin performance of the work is commenced (with notice of pending action duly recorded) within sixty (60) days after the change becomes reasonably apparent. No such action shall protect an Owner who contends that construction is proceeding in violation of the provisions hereof against a conclusive presumption of validity unless said action is filed in a timely manner in accordance with the provisions hereof and notice of pending action with respect thereto is duly recorded. 8.3 Area Limitations. The_Owners shall not make any extensions or enlargements of buildings or structures in the Building Areas located on their Parcel, including without limitation, basements, second story levels and upstairs, which will create 10% more Gross Floor Area than shown on the Site Plan for each Building Area and/or reduce the Parking, without first obtaining the prior. written consent of the Developer and without first complying with the provisions of this Article 8. 9. Rights Upon Default. 9.1. Rights to Cure. In the event any Owner or Occupant, or any successor. in interest, defaults in the performance of any of the obligations of this Declaration, the non-defaulting Owners, and each of them, shall have the right, but not the obligation, upon written notice as hereinafter specified to cure such default for the account of and at the expense of the defaulting Owner. For defaults in the payment of monies due another Owner under this Declaration, ten (10) days' written notice shall be required; and for all other defaults thirty (30) days' written notice shall be required, but if such default is not capable of cure within said thirty (30) days, an owner or occupant shall not be in default hereunder if, upon receipt of written notice, it immediately commences cure of the default and thereafter uses all due diligence continuously to effectuate cure of the default until such default is cured. After notice as herein specified and to effectuate any such cure, the non-defaulting Owners shall have the right to enter - 17 - upon the Parcel of the defaulting Owner or Building Area of the defaulting Occupant to perform any necessary work or furnish any necessary materials _or -services to cure the default of __the defaulting Owner. The non-defaulting Owners shall have the further right to recover from the defaulting Owner or Occupant all costs and other sums expended in connection with the cure of the default hereunder, plus interest thereon at the maximum legal rate. The Owners shall be responsible hereunder for the defaults of their respective tenants, agents and concessionaires, but if, despite diligent efforts, including the use of persuasion or negotiation which may be appropriate or necessary under the circumstances, the default cannot be prevented or cured, the Owners' obligation hereunder shall be limited to invocation of the remedies available hereunder for enforcement of the provision hereof, without however guaranteeing the success of such remedies. 9.2. Legal and Eouitable Relief. -Each Owner shall have the right to. prosecute any proceedings at law or in equity against any other Owner, or any successor in interest or any other Person, violating or attempting to violate any of the provisions contained in this Declaration, in order to prevent the violating Owner or any such Person from violating or attempting to violate the provisions of this Declaration and to recover damages for any such violation. The remedies available under this Section 9.2 shall include, by way of illustration but no limitation, ex pane applications for temporary restraining orders, and preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation of any provision of-this Declaration. 9.3. Costs of Cure. All costs and expenses incurred by any Owner to cure a default of a defaulting-Owner or occupant under the provisions of Section 9.1 hereof, together with interest thereon, and all costs and expenses of any proceedings at law or in equity, including reasonable attorneys' fees awarded to any party by an order of court pursuant to Sections. 9.2 and 9.4 hereof, shall be assessed against and paid by the defaulting or violating Owner or Occupant. 9.4. Lien. Costs and expenses assessed pursuant to Section 9.3 hereof and pursuant to Article 4' hereof shall constitute a lien against the defaulting Owner's Parcel or the interest therein of the Person in default hereunder. The lien shall attach and take effect only upon recordation of a claim of lien in the office of the Recorder of the County of Jefferson, State of Colorado, by the Owner making the claim. The claim of lien shall include the following: (a) Name. The name of the lien claimant; (b) Basis of Claim.- _ A statement concerning ,the basis for the claim of lien and identifying the lien claimant as either a curing Owner or the Person performing the work to be performed pursuant to Article 4 hereof; - 18 - • • (c) Identification of Owner. An identification of the owner or reputed owner of the Parcel or interest therein against which the lien is claimed; (d) Parcel Description. A description of the Parcel against which the lien is claimed; (e) Work Performed. A description of the work performed which has given rise to the claim of lien and a statement itemizing the amount thereof; and (f) Statement of Claim. A statement that the lien is claimed pursuant to the provisions of this Declaration, reciting the date, book and page of recordation hereof. The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the Owner against whom the lien is claimed, either by personal service or by mailing at the address given for the mailing of tax statements in the Office of the Treasurer of the County of Jefferson, State of Colorado, for the Parcel or interest against which the lien is claimed. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced in any manner allowed by law, including but without limitation, suit in the nature of a suit to foreclose a mortgage or mechanic's lien under the applicable provisions of the Colorado Code of Civil Procedure. 9.5. Removal of Lien. The Owner causing a claim of lien to be recorded shall remove the same and take such action as may be reasonably necessary to clear the title of the affected Parcel of the claim of the lien, and/or reasonably required by a title insurance company which is requested to write a policy of title insurance on such Parcel not showing the lien as an exception thereto, provided the defaulting owner or occupant first performs one of the following acts: (i) posts a bond in favor of the Owner imposing the lien in the amount of 1? times the claim of lien executed by an approved corporate surety; or (ii) .posts an irrevocable letter of credit in favor of the Owner claiming the lien executed by a national banking association in the amount of 1z times the claim of lien, which letter of credit unconditionally provides that it may be drawn upon in the event of a final judgment entered by a court of competent jurisdiction in favor of the Owner claiming the lien. 9.6. Remedies Cumulative. All of the remedies permitted or available to the Owners under- this Article 9 shall be cumulative. In the event that any action or suit is brought for the enforcement of any provision of this Declaration or as a result of .any alleged violation. of any _of the provisions of this Declaration, the prevailing Owner or Person in such.suit shall be entitled to recover its costs of suit, including reasonable attorneys' fees, from the losing Owner or Person, and any judgment or decree entered in such proceeding shall include an award therefor. - 19 - __ 9.7. Estoppel Certificate. Any_Owner may, upon the terms and conditions herein contained, in connection with the sale or transfer of the Owner's. Parcel, or in connection with the financing or refinancing of the Owner's Parcel by mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver written notice to the other Owners requesting such Owners to certify in writing that, to the best knowledge of the certifying Owner, the requesting Owner is not in default in the performance of its obligations under this Declaration, or, if in default, to describe therein the nature and amount of any and all defaults. Each Owner receiving such request shall execute and return such certificate within 30 days following the receipt thereof. Failure by an Owner to so execute and return such certificate within the specified period shall be deemed an admission on such Owner's part that the Owner requesting the certificate is current and not in default in the performance of such Owner's obligations under this Declaration. The Owners acknowledge that such certificate may be relied upon by transferees, mortgagees, deed of trust beneficiaries and leaseback-lessors. A certificate hereunder may be requested by each Owner from the other Owners at any time and from time to time. 10. Multiple Ownership.~In the event that any Owner, or any successor in interest to such Owner, shall transfer or convey its interest in its Parcel, or a portion of its interest in its Parcel, in such a manner as to vest ownership of the Parcel in more than one owner, then the several owners of the parcel involved in such transaction shall designate one of their number to act on behalf of all such owners in the performance of the provisions of this Declaration. Any such designation shall be in writing and shall be served_ upon all the other Owners in accordance with the notice provisions of this Declaration. In the absence of any such written designation, the acts of the Owner whose interest is so divided. with respect to the performance of the provisions of this Declaration, shall be binding upon all of the Owners of such Parcel until such time as the written designation is properly served as provided by this Section 10. Any Person designated pursuant to the provisions of this Section 10 shall be the agent of each of its principals, hereby appointed for such purpose, upon whom service of any process, writ, summons, order or other mandate of any nature of any court in any action, suit or proceeding arising out of this Declaration may be made, and service upon such designated Person shall constitute due and proper service of any such matter is also mailed to such principals at the principals' last addresses known to the sender. 11. Release Upon Sale of Interest. 11.1. Sale by Anv Partv. Upon the sale or transfer by any Owner, or any successor in interest, of-its entire right, title and interest in its Parcel, that Owner shall be released from the obligations of this Declaration (other than those obligations arising from any default by such Owner in the performance of any provision of-this Declaration, including payment of any amounts which may then be due and owing under this Declaration) provided that such Owner shall have given notice to every other Owner of the - 20 - sale, transfer, conveyance, assignment or termination of all of its right, title and interest in a Parcel concurrently with the filing for record of the instrument effecting the same. 11.2. Sale by Party Maintaining Common Area. In addition to the provisions of Section 11.1 hereof, upon sale or transfer by the Owner, or any successor in interest, maintaining the Common Area under Article 4 of this Declaration, of its entire right, title and interest in its Parcel; such Owner shall be released from the obligations of this Declaration. Upon such sale or transfer by such Owner, it shall deliver to the Owners a final closing statement in accordance with the provisions of Article 4 of this Agreement, detailing all costs and expenses incurred for the operation and maintenance of the Common Area as of the effective date of the sale, transfer, conveyance or assignment of its right, title and interest in its Parcel. Any amounts due such Owner pursuant to the provisions of this Declaration at the time of the sale, transfer, conveyance or assignment of such Owner's right, title and interest in its Parcel shall be paid in accordance with the provisions of this Declaration at the times herein specified, but the amounts due shall be appropriately prorated or otherwise broken down so that those amounts due for costs and expenses incurred by such Owner shall be paid to-such Owner, and those amounts due for costs incurred by any successor to such owner shall be paid to that successor. 11.3. Liability of Transferor. In no event shall. any transferee of any Owner be liable for any default under this Declaration of the transferring Owner, or any successor in interest, which occurred prior to the effective date of the transfer of all right, title and interest in the affected Parcel to the transferee; provided, however, that nothing contained in this Section 11.3. shall affect the existence, priority, validity or enforceability of any lien placed upon the affected Parcel under the provisions of Section 9.4 of this Declaration prior tc the effective date of the transfer. 11.4. Assumption Statement. Concurrently with the transfer of all right, title and interest in any Parcel by any Owner, the transferee shall execute and deliver to the other Owners a written statement in which: (i) the name and address of the transferee shall be disclosed, and (ii) the transferee shall acknowledge its obligation to be bound by this Declaration and perform all obligations hereunder in accordance with the provisions of this Declaration. Failure to deliver any such written statement -- shall not affect the running of any covenants herein with the land, as provided by Section 13.1 hereof, nor shall such failure negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of this Declaration, but such failure shall constitute a default by the transferee hereunder. - 21 - 12. Effect of Breach Upon Purchasers and Mortaaaees. 12.1. No Termination. The breach of this Declaration shall. not entitle any Owner or Person to cancel, rescind or otherwise terminate its nbligations hereunder. 12.2. Mortaaaee Protection. No breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but the covenants and restrictions, easements and conditions herein contained shall be binding upon and effective against the Owner of any Parcel, or any portion thereof, whose title thereto is acquired by foreclosure, trustee's sale or otherwise. . 12.3. Subordination as to Encumbrance Prior to Lien Claim. Any lien created pursuant to the provisions hereof shall be subject and subordinate to the interests of any bona fide purchaser or encumbrancer of all or any part of the property subject hereto, or any interest therein, for fair value, who acquired its interest prior to the date of recordation of the claim of lien, notwithstanding the fact that the claim of lien may be asserted with respect to work performed or costs incurred prior to the date the claim was duly recorded. From time to time, Developer. may require the Owners to execute an estoppel certificate, testifying that no lien has been filed. 12.4. Title by Foreclosure. A11 of the provisions contained in this Declaration shall be binding and effective against owner whose title to any Parcel, or any portion thereof, is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. 13. Covenants and Recordation. 13.1. Covenants Run With the Land.. All of the. provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Declaration shall be perpetual, shall be binding upon and shall inure to the benefit of the parties hereto, their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons acquiring any Parcel, or any portion thereof,-or any interest therein, whether by operation of law or in any manner whatsoever, unless and until modified as herein provided. All of the provisions of this Declaration shall be covenants running with the land pursuant to applicable law, including but not limited to the Colorado Revised Statutes. It is expressly agreed that each covenant to do or refrain from doing some act on each Parcel hereunder (i) is for the benefit of each other Parcel and is a burden upon each other Parcel, (ii) runs with each Parcel, and (iii) shall benefit or be binding upon each successive Owner during its ownership of each Parcel, or any portion thereof, and each Person having any interest therein derived in any manner through any Owner of any Parcel, or any portion thereof. - 22 - 13.2 effective and successors in Recordation. This Declaration shall become binding upon the Owners and their respective interest in accordance with the provisions of this Article 13 upon recordation of this Declaration in the office of the County Recorder for the County of Jefferson, State of Colorado. Recordation shall be effected by Developer. All costs of recordation shall be borne equally by the Owners. Upon recordation of this Declaration, Developer shall distribute to each Owner a copy of the recorded Declaration. 14. Miscellaneous. 14.1. Negation of Partnership. None of the terms or provisions of this Declaration shall be deemed to create a partnership between or among the Owners in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Declaration is not intended nor shall it be construed to create any third party beneficiary rights in any Person who is not a party hereto unless expressly otherwise provided. 14.2. Termination and Amendment. This Declaration may be canceled, changed, modified or amended in whole or in part only by written and recorded instrument executed by all of the Owners of all of the Parcels in the event that any of said record owners are not then parties hereto. Notwithstanding any other provisions of this Declaration to the contrary, the provisions hereof shall terminate upon the 80th anniversary date of the recordation hereof. 14.3. Approvals. Unless otherwise herein provided, whenever approval is required of any Owner, it shall not be unreasonably withheld. Unless provision is made for a specific time period, approval shall be deemed given within thirty days of the receipt of the request for approval, and if any Owner shall neither approve nor disapprove within said thirty-day period, the Owner shall be deemed to have given its approval. If an Owner shall disapprove, the reasons therefor shall be stated. 14.4. First Class. The term "first class" when used in this Declaration in connection with the maintenance, operation or condition of-the Center, or any portion thereof, shall. refer to a comparative standard of excellence judged in accordance with other similar well-maintained commercial complexes within the same geographical location as the Center. 14.5. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Center or of any Parcel or portion thereof to the general public or for the general public or for any public use or purpose whatsoever, it being the intention and understanding of the Owners that this Declaration shall be strictly limited to and for the purposes herein expressed solely for the benefit of .the Owners and Developer. - 23 - 14.6. Excusable Delays. Whenever performance is required of any Owner hereunder, that Owner shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, inclement weather, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials or damage to work„in progress by reason of fire or other casualty or cause beyond the reasonable control of an Owner, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. 14.7. Severability. Invalidation of any of the provisions contained in this Declaration, or of the application thereof to any Person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other Person and the same shall remain in full force and effect, unless enforcement of this Declaration as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Declaration. 14.8. Exhibits. The following exhibits to which reference is made herein are deemed incorporated into this Declaration in their entirety unless not actually attached, in which event the Exhibit shall be deemed omitted by the Owners: Exhibit A - Site Plan __ Exhibit B - Sign Criteria 14.9. Notices. Any notice to any Owner may be given by delivering the same in writing to such Owner or in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid to the addressee's mailing address as specified in Section 10.4 14.10. Captions. The captions preceding the text of each paragraph and subparagraph hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Declaration. 14.11. Minimization of Damages. In all situations arising out of this Declaration, all Owners shall attempt to avoid and minimize the damages resulting from the conduct of any other Owner. Each Owner shall take all necessary measures to effectuate the provisions of this Declaration. 14.12. Litigation Expenses. If any Owner shall .bring an action against any other Owner by reason of the breach of any covenant, term or obligation hereof, or otherwise arising out of this Declaration, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted or judgment. "Prevailing party," within the meaning of this Section 14.12, shall include, without limitation, an Owner who dismisses an - 24 - .. action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief sought in the action. 14.13. Time. Time is of the essence of this Declaration and each and every provision hereof. IN WITNESS WHEREOF, the Developer has executed this Declaration as of the day and year first above written. DEVELOPER Pacifica Development Properties II, LLC,- a Colorado limited liability company By tle: STATE OF COLORADO )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 19_ by as of Pacifica Development Properties II, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires:. Notary a:\docunent\70-exec.agr - 25 - CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE _PREPARED:March 19, 1997 DATE OF MEETING: March 27, 1997 CASE N0. & NAME: WA-97-3/Rusch for Pacifica CASE MANAGER: Sean McCartney ACTION RE4IIEST8D: A request for approval of a 25' sign setback variance. LOCATION OF REQUEST: 9500 W. 49th Avenue NAME,& ADDRESS OF APPLICANT(S) RuschsSRgnshand Graphics, Inc. 6108 S. Pierson Ct. Littleton, CO 80127 Pacifica ARKA Kipling, I-70 LLC. NAME & ADDRESS OF OWNER(S) 5350 S. Roslyn, Suite 240 Englewood, CO 80111 ------- APPROXIMATE AREA: 6.2 acres _ -- PRESENT ZONING: PRESENT LAND USE: Commercial-One Office / Warehouse SURROUNDING ZONING: L+1: Commercial-One, $: Agricultural-One ~: Planned Residential Development and Residential-Three ~: Restricted-Commercial SURROUNDING LAND USE: T3: esi enti 1 $4:Office/Professional, :Multi Family Residential, $: Interstate 70 -r-- -----°- DATE PUBLISHED: March 6, 1997 DATE POSTED: March 12, 1997 DATED LEGAL NOTICES SENT: March 12, 1997 ( ) (XX) NOT REQUIRED AGENCY CHECKLIST: (y,X} NONE RELATED CORRESPONDENCE: ( ) -------- - - P...,...,R~~ r, vcrnan • _ (XX) CASE FILE & PACKET MATERIALS ( ) COMPREHENSIVE PLAN (XX) EXHIBITS (XX) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS ( ) OTHER - -_ ---- ------- _ .,~s~ ~.,flTan~ON• y g ostin The property is within the Cit of Wheat Rid e, and all notification and p g requirements have been met, therefore,- there is jurisdiction to 'hear this case. • Page 2 Board of Adjustment Staff Report Case No. WA-97-3 I. REOIIEST The applicant is requesting the approval of a 25' sign setback variance to the. 30' minimum sign setback requirement, for a 30' freestanding sign. If approved, the existing sign will remain 5' from the southwest property line. Section 26-410(e)(3)(b), of the Wheat Ridge Code of Laws, establishes the minimum setbacks for freestanding signs. These minimum setbacks are determined upon the proposed height for the sign, measured from finished grade to the top of the sign. In this case, the sign stands at 30' in height and is required to maintain a minimum setback of 30' from the front property line.. The sign was erected, without a valid sign permit, and was bioan~tinformedfus attention by the sign subcontractor (the applicant)- The app that the, owner was under the assumption that the sign, which was shown on the original site plan, was approved when -the structural building permit was approved. Staff informed the architect that a separate building permit would need to be applied for before erecting the proposed sign. If approved, staff requests that a valid building permit be applied for and issued prior to the final completion of the existing sign. II. gTTF pT.Ari As thTOaeT~che at the pcorneroof Independence andaWestol-70eFrontagesRoadrNorthf the P P Y~ If the sign were moved to meet the required 30' setback, the sign woulodeae located in the middle of the parking lot. If the sign location is app staff will require that the area surrounding the base of the sign be fully landscaped. If denied, staff-would request that. the-sign be located outside of the parking lot,_near the building. Currently, the sign is located outside of the 25'X 25' required sight_distance triangle. Therefore, the sign does not impair the drivers line of sight. III. ['RITERIA _ _ __ _ ___ Staff has the following comments_ regarding the criteria to evaluate an application for an adjustment: 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? Yes. If_ the sign were required to be relocated, it will retain adequate Page 3 Board of Adjustment StaEE Report Case No. WA-97-3 Yes. If the sign were required to be field ntea reasonablerreturn aanqusee visibility. to the nearby I-70, thereby y g service and income. 2. Is the plight of the owner do to unique circumstances? No. The plight of the owner is self imposed, as they assumed that the sign was permitted with the issuance of the-original structural building permit. 3, If the variation were granted, would it alter the essential character of the locality? No. The property is located adjacent to Interstate-70 and an existing office park. The essential character of ofessionalty aside from the multi-family structures on the east, is office/p g, Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from_a mere inconvenience if the strict letter of the regulations were carried out? No. The site is predominantly flat and there is not a sufficient grade change between Interstate-70 and the existing property that would pose as a particular hardship. The only mere inconvenience is the cost related to the removal and replacement of the existing sign. 5, Would the conditions upon which the petition for withinlathen same azoning applicable, generally, to the other property classification? Yes. Generally, anyone may apply for a sign variance, for setbacks or height. However, this specific case- deals with a structure that was built without a valid sign building permit. 5, Is the purpose of the variation based exclusively upon a desire to make money out of the property? Yes. The owner placed the sign at its current location to allow for.the most visibility to nearby Interstate-70. This location is intended to allow for unobstructed advertisement. 7, Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes.. The owner of the property, who presently has interest in the property, created the hardship for which the variance is being requested. Page 4 Board of Adjustment Staff Report Case No. WA-97-3 ~~ No. As previously stated, the sign is currently located outside of the required 25'x 25' sight. distance triangle, and does not pose any danger to passing vehicles. 9, Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or envalues withinbthe safety or substantially diminish or impair property neighborhood? No. Because the variation is for a freestanding sign, and not a large structure, approval of the variation would not impair the adequate supply of light and air to-adjacent properties. Because it is located outside of the. required sight distance triangle,_approval of_ the variance. will not endanger the public'_s_health, safety or welfare. 10. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, 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? Granting of this variance will not benefit the community, as distinguished from an individual benefit-on part of the applicant, but it may contribute to the identity of the nearby neighborhood. Nor will it result in a reasonable accommodation of a person with disabilities, in that a sign is not required to meet ADA standards. III. STAFF'S CONCLUSIONS Although it has been concluded by the criteria above that .the existing sign does not pose an endangerment to the public or the surrounding properties, the sign was erected. without the issuance of a valid sign permit. Staff follows a department 'policy in that all applicants are informed, upon issuance of development building permits, that any proposed signage must be applied for on a separate building permit.- The owner of the development was informed, and therefore,-staff assumed it was understood that a separate building permit would need to be issued for the construction of the freestanding sign: Therefore, staff recommends that Case No. WA-97-3 be DENIED. If denied, staff requires the following: 1. The existing 30' freestanding sign be removed from its current location. Board of Adjustment Staff Report Page 5 Case No. WA-97-3 Thereforea staff recommends that Case No. WA-97-3 be DENIED. If denied, staff requires the following: 1. The existing 30' freestanding sign be removed from its current location. 2. A building permit for the freestanding sign be applied and issued for any future relocation of the freestanding sign. _ If Case No. WA-97-3 is APPROVED,_staff recommends the following:- L A building permit, showing sign elevation drawings and a sign location site plan, be applied for and issued prior to completion of the existing. sign. 2. Landscaping around the base of the sign be installed and maintained throughout the existence of .the sign. 1 March 10, 1997 TO: Al Roberts FROM: Meredith Reckert RE: Performance Standards The following are Staff s recommendations for performance standards for the Pacifica project located at 9500 West 49th Avenue. This language needs to be incorporated into the use allowances on the outline development plan. Performance Standards: The following standards and conditions shall apply to the development, use, operations and maintenance of any business allowed in this planned development. 1. Building enclosures. Every use shall be operated 'an its entirety within a completely enclosed building unless otherwise specifically provided by the approved final development plan. 2. Outdoor storage. All outdoor storage facilities shall be enclosed with a view obscuring fence, wall and/or landscaping which fully conceals such facilities from adjacent properties, public streets and pedestrian ways. 3. Noise. No operations within this planned development shall be allowed to create noise discernable at the property line. This shall include affects due to intermittence, beat frequency, shrillness or intensity. 4. Odors. No operations within this planned development shall be allowed to emit odors discernable at the property line. 5. Vibration. No operations within this planned development shall be allowed to emit vibration discernable at the property line. 6. Glare and heat. Any operation producing intense glaze and/or heat shall be performed .within a completely enclosed building. 7. Emission control of smoke, dust and gases. No operations within this planned development shall be allowed to emit fugitive dust, smoke and/or gases. If you have any questions, feel free to contact me at 235-2848 ~___ MEMORANDUM TO Meredith Reckert Planning and Development FROM Deri Patt Police Department SUBJECT Case No: WZ-97-5/Pacifica 9500 W. 49 Avenue DATE March 28, 1997 I have reviewed the plans for the above listed site. I have the following additional recommendation: LANDSCAPE: 1. In view that the buildings have considerable glass, ground cover should not include any rock material. Rocks from an immediate area are often be used to break windows in the buildings and cars, especially after business hours. 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 Po,R 01 '97 Oi~30Pi~9 P~TF'ICR GL.yTht6 CO 303 22B 5535 • P.2/3 PACIFICA COMMERCIAL BROKERAGE GROUP March 31, 1997 Mr. Glen Gidley Director of Planning and Development City of Wheat liidge 7500 West 29th Avenue wheat Iz~e, Co sa21s Re: T;Orsch Intemationai, Inc. at Pacifica I-7a We~c llusiaoss Park Dear Glen: 9350 5. Itoslya S6cet SuiEe 240 s~ow~,oacoaon3 so3.2ao.55as Fax•220~5a5 .t#s a follow up to our coriversat{on last week, I wanted to get your approval on the use of a Tenant I aza currently working wl~ called Iiirsch International, Inc_ for Pacifica I-70 West Business Park. I3irsch is a national compatry based out o£New Xork that is looking to locate a regional headgnartera facility in the Weat market. This location would serve several functions for theAa lnchrding administrative offices for the region, a showroom, training, servicing of equipment, and some stoxago. They are in the business of selling and servloiug larger pieces of embroidery equipment used in the apparelbusiness to embroider caps, shirts, etc. They would not do any manufacturing or assembly of equipment at this location. Please call me i£you have auy iiuther questions regarding this requirement. Sincerely, PACIFICA COMM.EIt.CIA1~ l3ROI{ERA.GE Cr TJ'P Michael-Ii. Kendall MHIUrw THIS USE MEETS Willi THE ZONING CRITERT.~ 1N PIACE FOR THIS SITE AS OF MARCH 27, 1997 By: Glen Gidley, Director of amd Development ~icgc „~.~. ~awwoa~xao~[dmv.ou P,S'R 01 '97 01131PM ~~TCA OLDING CO 303 2Z0 5585 . P.3i3 l ACIFICA coMMERCIAL sROKERaGE caouPCOMMERCIAL BROKERAGE GRpUP March 31, 1997 lvlr. Glen Gridley Director of T~kamling and Development City of Wheat Midge 7500 West 29th Avemte Wheat Ridge, CO 80215 Re: Pat Sawyer Design Studio and a3agle Ploazing Deaz ~: ~aws.xosly~~sa~ swc~zao Englcwoo$ CO 80111 3U3-77A-5565 Fax-77A+>g85 As a follow up to our comrersation on Monday, I wanted to get your approval on the use of a Tenant T am currently working with called Pat Sawyer Design Studio and Eagle Flooring. for Pacifica I 70 West Business Pazk Pat Sawyer Design Studio and Eagle k'loorntg operates several busuresses under one roof The i"nst business is an naterior design shop and the second, Eagle Flooring, is a company involved in bath fire reta>7 and wholesale selling of floor coverings for the new home industry. The wholesate component is ancillary to the retail and design studio uses ofthis project. Please call me ifyou have any further questions regazding this requirement. Sincerely, PACI~'ICA COMMERCIAL B1tOI£E~LGE CrROUP c ~~ Mlohael.Id. TSendalT MHI{/rw THIS USE MEETS WITH THE By: Gilley, Director CRITERIA IIV PLACE FOR TH[S S1TE AS OF lr,,~erk„~c ~,,.~,.~ ~W,Maoaluma~psmcvl¢ 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax # 234-5924 April 8, 1997 Mike Kendall Pacifica Holding Company LLC 5350 South Roslyn Street #240 Englewood, Colorado 80111 Dear Mike: Police Dept. Fax # 235-2949 ~~ ary of _~Wheat Ridge This letter is in regard to your request for approval of a rezoning from Commercial-One to Planned Commercial Development on property located at 9500 West 49th Avenue. I have reviewed the submittal and have the following comments concerning the outline development plan: .2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. The title needs to call out the property as a Planned Commercial Development (IE, Pacifica ARKAKipling/I-70 L.L.C. Planned Commercial Development). Reference the legal description in the title as "Lots 1, 2, 3, and 4 of 70 Executive Center Amended Subdivision". The site design guidelines information needs to include maximum floor area ratio (.35) minimum landscaped area (15%), maximum building height (24' plus 30' for architectural features) and minimum perimeter setbacks (30' from r-o-wand 5' from adjacent property lines) Adjacent land use needs to be designated Landscaped areas need to be indicated Name, address and owner should be designated under the owner certificate A signature block for the Director of Planning and Development must be added. The signature block for the mayor needs to have an attestation by the City Clerk Items 6 and 9 of the "Additional Permitted Uses" should be combined td avoid redundancy Under items 8, 9 and 10 of the "Additional Permitted Uses" the second to the last sentence must be removed. Staff will not support the concept of azbitrazily allowing the horsepower limitation to be increased even if a use is consistent with the suggested performance standazds. Staff will not support allowing outdoor storage on the property even if screened from view, however, this could be an item of discussion with Planning Commission and City Council. If you wish to pursue allowance of outdoor storage, item 2. under the Performance Standards should be kept. Otherwise, it can be deleted. Areas where outdoor storage is permitted should be shown. The surveyor's certificate needs to reference Jefferson County, not the City and County of Denver. The following aze comments regarding the final development plan: 1. The title needs to call out the property as a Planned Commercial Development. Reference ~~ RECYCLED PAPER the legal description in the title as "Lots 1, 2, 3 and 4 of 70 Executive Center Amended Subdivision" 2. Name, address and owner should be designated under the owner's certificate 3. A signature block for the Director of Planning and Development should be added 4. The signature block for the mayor needs to have an attestation by the City Clerk 5. The surveyor's certificate needs to reference Jefferson County, not the City and County of Denver 6. Please show the height and type of existing and proposed fencing 7. Although Staff does not support outside storage at this location, please designate all areas where it will be allowed and what type of fencing will act as screening 8. The following note regazding lighting: "All lighting shall be in accordance with Section 26- 30(S) of the Wheat Ridge Code of Laws." 9. Please include a parking breakdown for the development showing the number of spaces required and the number provided. How was this calculated? Did you use one space for every 200 squaze feet of office and one space per every 600 square feet of warehouse space 10. It is my understanding that this application will request approval of a sign setback variance. Chris Russch has brought in some documentation supporting the variance, which , if approved will have to be incorporated into the plan set. Do the plans accurately represent the desired freestanding sign? Are there any other signs being requested on the property? If so, these must be shown with maximum height and sign face area. 11. Dempster screening must be shown. Attached aze referral responses received from other City departments and outside agencies. Any issues brought up by referrals need to be addressed. Of particular concern is the correspondence dated Mazch 26 from the Arvada Fire Protection District. This case is scheduled for public hearing in front of the Planning commission on June 5, 1997,. I will need 15 copies of the revised plan sets no later than May 19, 1997. If you have any questions, or need further clarification, do not hesitate to contact me at 235-2848. erely, ~ ~~ Meredith Reckert Planner cc: WZ-97-5 Intergroup 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Mazch 22, 1997 The City of Wheat ~ Ridge The Wheat Ridge Department of Community Development has received a request for approval of a rezonin¢ from Commercial- One to PCD and for a combined outline and £nal development nlan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April ]0 1997. No response from you by this date will constitute no objections or concerns regazding this proposal. CASE NO: WZ-97-5/Pacifica LOCATION: _ 9500 West 49th Avenue REQUESTED ACTION: Approval of a rezoning from Commercial-One to Planned Commercial Development and for approval of a combined outline and final development plan.. PURPOSE: To allow for semi-industrial uses in addition to Commercial-One uses. APPROXIMATE AREA: N/A 1. Are public 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 have adequate capacities to service the development? YES_ NO_. If "NO", please explain below. 4. Can and will your agency service this proposed, development subject to your rules and regulations? low. YES NO If "NO", please explain be __ - 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 Departrnent of Planning & Development DISTRIBUTION: X Water District (Valley) X Sanitation District (Clear Creek) X Fire District (Arvada) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife EDARC TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Cotttmissianers Denver Water Board X WR Post Office X WR Police Department X Public Works Dept. WR Pazk & Rec Commission WR Forestry Division X WR Building Division „ "The Carnation City 7500 West 29th Avenue Wheat Ridge, Colorado Telephone 303/ 237-694 March 22, 1997 _ _ I-.1 P The City of 33 Wheat Ridge The Wheat Ridge Department of Community Development has received a request for aooroval of a rezoning from Commercial- :,ne io PCD d for a combined outline and final develooment olan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April 10 1997. P1o response from you by this date will constitute no objections or concems regazding this proposal. CASE NO: WZ-97-5/Pacifica LOCATION: 9500 West 49th Avenue REQUESTED ACTION: Approval of a rezoning from Commercial-One to Planned Commercial Development and for approval of a combined outline and final development plan.. PURPOSE: To allow For semi-industrial uses in addition to Commercial-One uses. APPROXIMATE AREA: N/A 1. Are public acilities 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 hive adequate capacities to service the development? YES_/ , NO_ If "NO", please explain below. 4. Can and y~ill 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 Water District (Valley) X Sanitation District (Clear Creek) X Fire District (Arvada) Adjacent City X Public Service Co. X US Wes[ Communications State Lane Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife EDARC TCI of Colorado 7effco Health Department Jeffco Schools Jeffco Commissioners Denver Water Board X WR Post Office X WR Police Department X Public Works Dept. WR Park & Rec Commission WR Forestry Division X WR Building Division "The Carnation City t~ENVEZ VVATEZ 1600 West 12th Avenue • Denver, Colorado 80254 Phone (303) 628{000 • Fax No. (303) 628-6199 Apri14, 1997 APR 0 ~ 9997 Meredith Reckert Planning and Development Department City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Case No. WZ-97-7/Ficco Dear Ms. Reckert: The above referenced project is located within the Contract Service Area Boundazies of the Wheat Ridge Water District, Master Meter Distributor No. 32. This project is eligible to receive water service subject to compliance with the Operating Rules, Engineering Standards and Chazges of both the Wheat Ridge Water District and Denver Water. Questions on the District's requirements of water service should be dlrected to the District's Manager, Walt Pettit, at 424-2844. Questions on Denver Water's requirements for service should be directed to one of our Plan Review Coordinators at 628-6100. Sincerely, ~~ ~ ~/?~~ James F. Culligan , Distributor Services Supervisor 7FCIrma cc: Walt Pettit, Manager, Wheat Ridge Water District N:\WPUFC\RECKP.RT.12 .CONSERVE - a • STATE OF COLOIZ~lDO DEPARTMENT OF TRANSPORTATION Region G QT 2000 South Holly Street Denver, Colorado 80222 U}5 ~~ ~ ~ n~ ~° April 3, 1997 ~~~ ~ d 1997 City of Wheat Ridge Department of Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 ATTN: Meredith Reckert RE: WZ-97-5 PACIFICA, 9500 WEST 49TH AVENUE, I-70 FRONTAGE ROAD The Colorado Department of Transportation has reviewed the re-zoning of this property and we have no concerns. Jf you have any questions, please contact me at 757-9886. Sincerely, //~~ Gary E. Prentiss R-6 Access/Utility Administrator GEP/jc 06 CC: L. Warner L. Lipp Pre-Coast-action Ref File (SH I-70) rf VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 130034 TELEPHONE 424-9661 FAX 424-0828 April 3, 1197 City of Wheat Ridge Department of Planning & Development 7500 West 29th Av°_^.'.2e Wheat Ridge, CO 80033 ATT: Meredith Reckert Dear Meredith, APB f1 ~ 1997` ~~ Per your request, attached is your response form for 9500 West 49th Avenue. The water mainline and service lines are currently in at the site. Valley Water District has a 30' water easement running from. 49th Avenue South to I-70 and from Independence to our north/south easement through the project. Valley Water District has no comments or concerns regarding rezoning. If you have any questions, please give me a call at 424-9661. Sincerely, VALJL~E~ Y~WATE~R~/D~ISTRICT ~~r'/'LLy ~"' w/ Robert Arnold District Manager Enc. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 The City of Wheat -- Ridge R~CEIVEp -~AR 2 ,~ f9$,7 Mazch 22, 1997 The Wheat Ridge Department of Community Development has received a request for anoroval of a rezoning from Commercial- One to PCD and for a combined outline and final development plan at the property described below: Your response to the following questions and any comments on this proposal would be appreciated by April 10. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-97-5/Pacifica LOCATION: 9500 West 49th Avenue REQUESTED ACTION: Approval of a rezoning from Commercial-One to Planned Commercial Development h;,d for appreval of a combined outline and final development plan.. PURPOSE: To allow for semi-industrial uses in addition to Commercial-One uses. APPROXIMATE AREA: N/A 1. Are public 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 have adequate capacities to service the development? YES X NO If "NO", please explain below. 4. Can and will your ency 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? Please reply to: Meredith Recker' Department of Planning & Development DISTRIBUTION: X Water District (Valley) X Sanitation District (Clear Creek) X F¢e District (Arvada) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey X Colorado Dept. OfTransportation Colorado Div. Of Wildlife EDARC TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners Denver Water Boazd X WR Post Office X WR Police Department X Public Works Dept. WR Park & Rec Commission WR Forestry Division X WR Building Division "The Carnation Ciry" Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3•D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422-4569 March 26, 1997 Ms. Meredith Reckert Department of Community Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO. 80033 RE: Pacifica Rezoning From Commercial-One to Planned Commercial Development 9500 W.-49th Ave. Dear Meredith, We have reviewed the site plan_for_the proposed rezoning and have the following comments. 1. The sprinkler system design for the buildings at the Pacifica buildings meets the requirements of N.F.P.A 13 .Standard for Sprinkler Systems as Ordinary Group II. The proposed uses will need to be compatible with the the existing sprinkler system design. 2. Storage heights of combustible materials would be limited to eight or twelve feet in height as noted within the fire code and N.F.P.A 13. 3. The fire dept. access lanes could not be obstructed or reduced that the minimum width of 20 feet of unobstructed ,~„,,._.._._.,_ ..... width cannot be maintained. 4. Enclosed are copies of N.F.P.A 13 including storage heights and proposed uses for system design. 5. Landscaping shall not obstructed fire hydrants or fire protection equipment. A minimum of a three foot clear space shall be maintained around the circumference of fire hydrants and fire department connections. UFC 94 1001.7.1. b. Fire lanes will need to be posted, "No Parking Fire Lane" with signs that meet City of Wheat Ridge Standards. UFC 94 901.4.2 Page Two Sincerely, AQr~vada Fire Protection District ~4Ja~--- Steve Stei e er Deputy Eire Marshal w APPENDIX A Floor Continuous 2x load share bridging 3PF1 [min size 2 in. x 6 In. (50 mm x 152 mm) #2 Figure A-1.4.6(b)(v) Examples of wood truss construction. A-1.4.7 Occupancy examples in the listings as shown in the various hazard classifications are intended to represent the norm for those occupancy types. Unusual or abnormal fuel load- ings or combustible characteristics and susceptibility for changes in these chamceristcs, for a particular occupancy, are consider- ations that should be weighed in the selection and classifimdon. The Light Hazard classification is intended to encompass residential occupancies; however, this is not intended to pre- clude the use of listed residential sprinklers in residential occupancies or residential portions of other occupancies. A-1-4.7.1 Light Hazard Occupancies include occupancies having conditions similar to: Churches Clubs Eaves and overhangs, if Combustible construction with no combustibles beneath Educational Hospitals Institutional Libraries, except large stack rooms Museums Nursing or convalescent homes _ _ _ Oflice, including data processing Residential Restaurant seating areas Theaters and Auditoriums excluding stages and prosceniums Unused attics. A-1-4.7.2.1 Ordinary Hazard Occupancies (Group 1) include occupancies having conditions similar to: Automobile parking and showrooms Bakeries Beverage manufacturing Canneries Dairy products manufacturing and processing Electronic plants C~ 13-89 Glass and glass products manufacturing Laundries Restaurant service areas. A•1-4.7.2.2 Ordinary Hazard Occupancies (Group 2) include occupancies having conditions similar to: Cereal mills Chemical plants -ordinary Confectionery products Distilleries Dry cleaners Feed mills Horse stables Leacher goods manufacturing Libraries - Iarge stack rootn areas Machine shops Metal working Mercantile Paper and pulp mills Paper process plants Piers and wharves Post offices Printing and publishing Repair garages Stages Textile manufacturing Tire manufacturing' Tobacco produce manufacturing Wood machining Wood product assembly. A-1-4.7.3.1 Extra Hazard Occupancies (Group 1) include occupancies having conditions similar to: Aircraft hangars (except as governed by NFPA 409) ~O Combustible hydraulic fluid use areas Die casting Metal extruding Plywood and particle board manufacturing Printing [using inks having flash points below 100°F (37.9°C)] Rubber reclaiming, compounding, drying, milling, vulcanizing Saw mills Textile picking, opening, blending, garnetting, card- ing, combining of cotton, synthe[ics, wool shoddy, or burlap Upholstering with plastic foams. Extra Hazard Occupancies (Group 2)inctude occupan- cies having conditions similar to: Asphalt saturating Flammable liquids spraying Flew coating Manufactured home or modular building assemblies (where finished enclosure is present and has combus- tible interiors) Open oil quenching Plastics processing Solvent cleaning Varnish and paint dipping. 1996 Edition joist construction, having top and bottom wood chords exceeding 4 in. (102 mm) in depth, should also be consid- ered wood truss construction. [See Figure A-l -4.6(6)(v).] t ¢_u [NS-G\LIs'CION OF SPRINKLER Sl'S'1'Eb(S Quick-Response (QR) Sprinkler. A type of spray sprin- kler that meets the criteria of 1-4.5.1(a)l and is listed as a quick-response sprinkler for its intended use. Quick-Response Eazly Suppression (QRES) Sprinkler.* A type of quick-response sprinkler that meets the criteria of 1-4.5.1(x)1 and is listed for Its capability to provide Fire sup- pression of specific fire hazards. Quick-Response Extended Coverage Sprinkler. A type of quick-response sprinkler that meets the criteria of 1-4.5.1(x)1 and complies with the extended protection areas defined in Chapter 4. Residential Sprinkler. A type of fast-response sprinkler that meets the criteria of I-4.5.1(a)I that has been specifi- callyinvestigated for its ability to enhance survivability in the room of fire origin and is listed for use in the protection of dwelling units. Special Sprinkler. Sprinklers that have been tested and listed as prescribed in 4-4.9. Spray Sprinkler. A type of sprinkler listed for its capa- bility to provide fire control for a wide range of Ere hazards. 1-4.5.3 Sprinklers defined according to orientation: Concealed Sprinkler. Recessed sprinklers with cover plates. Flush Sprinkler. Sprinklers in which all or part of [he body, including the shank thread, is mounted above the lower plane of the ceiling. Pendent Sprinkler. Sprinklers designed to be installed in such a way that the water stream is directed downward against [he deflector. Recessed Sprinkler. Sprinklers in which all or part of the body, other than the shank thread, is mounted within a recessed housing. Sidewall Sprinkler. Sprinklers having special deflectors that are designed to discharge most of the water away from the nearby wall in a pattern resembling one quarter of a sphere, with a small portion of the discharge directed at the wall behind the sprinkler. Upright Sprinkler. Sprinklers designed to be installed in such a way that the water spray is directed upwards against the deflector. 1-4.5.4 Sprinklers defined according to special application or environment: Corrosion-Resistant Sprinkler. Sprinklers fabricated with corrosion-resistant material or with special coatings or platings to be used in an atmosphere that would normally corrode sprinklers. Dry Sprinkler.* Sprinklers secured in an extension nip- ple that has a seal at the inlet end to prevent water from entering the nipple until the sprinkler operates. Dry sprin- klers are intended to extend into an unheated area from a wet pipe system or (for dry-pendent sprinklers) to be used on a dry pipe system in the pendent posttton. Intermediate Level Sprinkler/Rack Storage Sprinkler. Sprinklers equipped with imegral shields to protect their operating elements from the discharge of sprinklers installed at higher elevations. Ornamental/Decorative Sprinkler. Sprinklers that have been painted or plated by the manufacturer. ' 1.4.6 Construction Definitions. Obstructed Construction.* Construction where beams, trusses, or other members impede heat flow or water distri- bution in amanner that materially affects the ability of sprin- klers to control or suppress a fire. Unobstructed Gonstruction.* Construction where beams, trusses, or other members do not impede heat flow or water distribution in a manner chat materially affects the ability of sprinklers to control or suppress a fire. Unob- structed construction has horizontal structural members that are not solid, where the openings are at (east 70 percent of the cross section area, and the depth of the member does not exceed the least dimension of the openings, or all con- struction types where the spacing of structural members exceeds 71/2 ft (2.3 m) on center. For descriptions of construction types, see A-I-4.6(x) and (b). 1.4.7* Classification of Occupancies. Occupancy classifi- cations for this standard relate to sprinkler installations and their water supplies only. They are not intended to be a gen- eral classification of occupancy hazards. 1-4.7.1* Light Hazard Occupancies. Occupancies or por- tions of other occupancies where the quantity and/or com- bustibility of contents is low, and fires with relatively low rates of heat release are expected. 1.4.7.2 Ordinary Hazard Occupancies. 1-4.7.2.1* Ordinazy Hazazd (Group 1). Occupancies or portions of other occupancies where combustibility is low, quantity of combustibles is moderate, stockpiles of combusti- bles do not exceed 8 ft (2.4 m), and fires with moderate rates of heat release are expected. 1.4.7.2.2* Ordinary Hazazd (Group 2). Occupancies or portions of other occupancies where quantity and combusti- bility of contents is moderate to high, stockpiles do not exceed 12 ft (3.7 m), and fires with moderate to high rates of heat release are expected. 1-4.7.3 Extra Hazazd Occupancies. 1-4.7.3.1* Occupancies or portions of other occupancies where quantity and combustibility of contents is very high and flammable and combustible liquids, dust, lint, or other materials are present, introducing the probability of rapidly developing fires with high rates of heat release. I-4.7.3.2 Extra hazard occupancies involve a wide range of variables that may produce severe fires. The following shall be used to evaluate the severity of Extra Hazard Oaupancies: Extra Hazard (Group 1) includes occupancies described in 1-4.7.3.1 with little or no flammable orcombusti6le liquids. Extra Hazard (Group 2) includes occupancies described in I-4.7.3.1 with moderate to substantial amounts of flam- mable or combustible liquids or where shielding of combus- tibles is extensive. 1.4.7.4 Special Occupancy Hazazds. 1-4.7.4.1* Other NFPA standards contain sprinkler system design criteria fur fire control or suppression of specific haz- ards. These are listed in Chapter 11 and include but are not limited to NFPA 30, Fammmable and Combustible Liquids Code; NFPA 30B, Cade for the M¢nufacture and Storage of Aerosol Products; NFPA 40, Slandard for the Slor¢ge and Handling of V 1996 Edition MEMORANDUM -~ - TO: Meredith Reckert, Senior Planner FROM: Greg Knudson, Development Review DATE: March 27, 1997 - SUBJ: Pacifica, 9500 West 49th Avenue/WZ-97-5 The Public Works Department has reviewed the-Planning Department referral dated March 22, 1997, and has the following comments: 1. Language.on Surveyor's Certificate from the outline development plan needs to-reference the County of Jefferson,. not Denver County. 2. Please include "Ammended" to development title as redlined. 3. Please note spelling error for "executive" cc: Glen Gilley, Planning & Development Director Dave Kotecki, Sr. Pro~ec~ Engineer _ - Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File ~.J NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on June 5, 1997, at 7:30 p.m. 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: ('ace No. CUP-97-4: An application by the Wheat Ridge Presbyterian Church for the Presbytery of Denver for approval of a conditional use permit to allow a church and an outdoor worship area on Residential-Two zoned property located at 9180 W. 38th Avenue. Said property is legally described as follows: The North 290 feet of the East one-half of the West one-half of the West one-half of the Northwest one-quarter of the Northeast one-quarter of Section 27, Township 3, South, Range 69 West, EXCEPT the North 205 feet of the East 75 feet thereof, and, The North 507.6 feet of the West one-half of the West one-half of the West one-half of the Northwest one-quarter of the Northeast one-quarter of Section 27, Township 3 South, Range 69 Wesi of the 6th P.M., together with the improvements situate thereon, known and numbered as 9180 West 38th Avenue, Wheat Ridge, all in County of Jefferson, State of Colorado, and. Beginning at the NE corner of the W% W% W% of the NW'/ of the NE'/4 thence South a distance of 506.6 feet, thence west a distance of 20 feet to a point on the circumference of a circle of 45 foot radius whose center is 462.6 feet South and 20 feet West of the point of beginning, thence Northwesterly along said circumference a distance of 136.42 feet to a point 25 feet West of the East line of W'/< W'/4 W'/< NW %< NE'/<, thence North to the North liner of Section 27, then East a distance of 25 feet to the point of beginning. The South 1 foot of the East 20 feet of the W'/z W%z W'/z of the NW'/4 of the NE'/< of Section _ ,. 27, Township 3 South, Range 69 West. The West 25 feet of the North 290 feet of E'/z W'/z W'/z of the NW'/< of the NW'/4 of Section 35, Township 3 South, Range 69 West, and, The South 1 foot of the East 20 feet of the W% of the W'/z of the W'/z of the NW'/< of the NE'/a Section 27 T35 R69W, and, The North 205 feet of the East 75 feet of the E% W'/z W'/2 NWI/< NE'/< of Section 27, Township 3 South, Range 69 West of the 6th P.M., together with easements and rights of way as reserved in deeds recorded in Book 933, Page 117 and in Book 1290 at Page 519, except any portion lying within West 38th Avenue, County of Jefferson, State of Colorado. 2. Lace No.WZ-97-5: An application by Pacifica Holding Company, LLC, for Pacifica Development Properties, II, LLC, for approval of a rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan and a ~. F final development plan and plat with variances. Said property is located at 9500 West 49th Avenue and is legally described as follows: Lots 1, 2, 3, and 4 of 70 Executive Center Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. ('ace No WZ-97-7: An application by Louis J. Ficco for Dorothy J. Smith and Lenore A Harris for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan. Said property is located at 6225 West 48th Avenue and is legally described as follows: An undivided '/z interest in: That part of the South half of the Southwest Quarter of Section 13, Township 3 South, Range 69 West, lying east of the easterly.line of LaVeta Avenue and South and East of Southeasterly line of Block 19, Berkeley Heights 2nd Filing (except Blocks 12, 16, 17, and aten-acre tract heretofore conveyed to Belle Bush by deed in Book 117 at Page 479 said land being more particularly described as follows: Beginning at a point on the South line of Section 13, 786.4 feet West of South Quarter corner of Section 13, thence North 650.5 feet, thence South 53 ° 47' West 123.75 feet, thence North 89° 13' West 104 feet; thence South 45 ° 38' West 140.3 feet; thence South 30° 02' West 90.3 feet; thence South 09° 28' East 109.6 feet; thence South 15° 51' East 38 feet; thence East 185 feet to stake; thence South 259 feet to South line of said Section 13; thence East along said Section line 136 feet to point of beginning, County of Jefferson, State of Colorado. 4. Case No ZOA-97-2: An application by the City of Wheat Ridge for approval of an amendment to Section 26-30 (T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities. Marilyn Gunn, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: May 16, 1997 Transcript ~~Gzse No WZ-97-5• An application by Pacifica Holding Company, LLC, for Pacifica Development Properties, II, LLC, for approval of a rezoning from Commercial-One to Planned Commer- cial Development and for approval of an outline development plan and a final development plan and plat with vari- ances. Said property is located at 9500 West 49th Avenue and is legally described as follows: Lots 1, 2, 3, and 4 of 70 Executive Cem ter Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. ~~~~G~ M ~ ' r - __ ~. 7500 West 29th Avenue The City of Wheat Ridge, Colorado Meat Telephone 303/ 237-6944 Ridge May 22, 1997 This is to inform you that Case No. WZ-97-5 which is a request for anoroval of a rezoning from Commercial One to Planned Commercial Development approval of'an outline development plan. and a fnal development plan and plat or properly located at 9500 W. 49th Avenue will be heard by the ' Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:3 P.M. on June 5.1997. 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 Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" . i ~ Frances Hawkins 9240 W. 49th Avenue #305 Wheat Ridge, CO 80033 Tammy/James Raocke 9240 W. 49th Avenue #313 Wheat Ridge, CO 80033 Stephen Staraha 10432 Noel Avenue Cupertino, CA 95014 Paul Kirk 9395 W. 49th Avenue Wheat Ridge, CO 80033 Frances Hawkins 9240 W. 49th Avenue #305 Wheat Ridge; CO 80033 Tammy/James Raocke 9240 W. 49th Avenue #313 Wheat Ridge, CO 80033 __ Stephen Staraha 10432 Noel Avenue Cupertino, CA 95014 Charlene Hoffman 9340 W. 49th Avenue #207 Wheat Ridge, CO 80033 Elvis Tippet 9605 W. 49th Avenue Wheat Ridge, CO 80033 Bob Stafford 2500 Van Gordon Lakewood, CO 80215 Luthern Medical Office Building 8300 W. 38th Avenue Wheat Ridge, CO 80033 Louis/Anthony Ficco 3650 Vance Street, #1 Wheat Ridge, CO 80033 Charlene Hoffman 9340 W. 49th Avenue #207 Wheat Ridge, CO 80033 _ Elvis Tippet 9605 W. 49th Avenue Wheat Ridge, CO 80033 Luthern Medical Office Building 8300 W. 38th Avenue Wheat Ridge, CO 80033 Pacifica AREA/I-70 LLC c/o Mike Kendall 5350 S. Roselyn Ste. 240 Englewood, CO 80111 Harry Richner 9445 W. 49th Avenue Wheat Ridge, CO 80033 Ms. Mary Lou Daniels 9415 W. 49th Avenue Wheat Ridge, CO 80033 Bob Stafford 2500 Van Gordon Lakewood, CO 80215 Pacifica AREA/I-70 LLC c/o Mike Kendall 5350 S. Roselyn Ste. 240 Englewood, CO 80111 Harry Richner 9445 W. 49th Avenue Wheat Ridge, CO 80033 Paul Kirk Louis/Anthony Ficco Ms. Mary Lou Daniels 9395 W. 49th Avenue 3650 Vance Street, #1 9415 W. 49th Avenue Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Mehran Sowdaey 9380 W. 49th Avenue #109 Wheat Ridge, CO 80033 Jason Mathews 9380 W. 49thAvrenue #117 Wheat Ridge, CO 80033 Craig/Robert Evans 9380 W. 49th Avenue #106 Wheat Ridge, CO 80033 Frederic Woll Jr. 9380 W. 49th Avenue #118 Wheat Ridge, CO 80033 Jaime Jones 9340 W. 49th Avenue #210 Wheat Ridge, CO 80033 Waldemar Borowiec 7148 W. 74th Avenue Arvada, CO 80003 a • Susan Mann Howard Schiff 11254 W. 28th P__l. P.O. Box 1390 Lakewood, CO 80215 Arvada, CO 80001 Jeffco Community Center 7456 W. 5th Avenue Lakewood, CO 80226 Carol Bergner Douglas Crynes 5954-1/2 Sheridan Blvd. Arvada, CO 80003 Ruth Cowan 9380 W. 49th Avenue #105 Wheat Ridge, CO 80033 Ruben Sandoval Valerie Valdez 9380 W. 49th Avenue #103 Wheat Ridge, CO 80033 Ruby/David Olson 6331 Haven Chase Lane Salt Lake City, UT 84121 Robert/Joan Evans 9380 W. 49th Avenue #112 - Wheat Ridge, CO 80033 Becky/John Brancucci 9340 W. 49th Avenue #205 Wheat Ridge, CO .80033 __ Jill Cwalina _ 9340 W. 49th Avenue #202 Wheat Ridge, CO 80033 Linda Snow 9340 W. 49th Avenue #213 Wheat Ridge, CO 80033 Alberta/James Peters 1940 Garland St. Lakewood, CO 80215 Dan/I'icie Ann Taylor P.O. Box 632 Evergreen, CO 80437 Richard/Sandra Bell 9340 W. 49th Avenue #212 Wheat Ridge, CO 80033 Stephen Scott 5285 Tabor St. Arvada, CO 80002 Donald/Karen Anton 3470 Nelson St. Wheat Ridge, CO 80033 Kay/Rick Keenan 9380 W. 49th Avenue #114 Wheat Ridge, CO 80033 Esther/David Meehan 980 W. 100th Pl. Denver, CO 80221 Michael Burgmaier 6958 Brentwood Ct. #3 Arvada, CO 80004 Thomas/Denise Klinger 11735 W. 38th Avenue Wheat Ridge, CO 80033 Charles/Inga VonHorten 6171 S. Kearney St. Englewood, CO 80111 Mary/Floyd Espinoza Donaldson Investment Co. Jeffrey Rathman 9340 W. 49th Avenue #217 811 Reed St. 9340 W. 49th Avenue #208 Wheat Ridge, CO 80033 Lakewood, CO 80215 - Wheat Ridge, CO 80033 David Jackson Lisa Blatz Francis Oschmann 9340 W. 49th Avenue #211 9340 W. 49th Avenue #210 8348 W. 75th Way Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Arvada, CO 80005 James Warner Patrick/ Cynthia Mershon Donald Pratt 9240 W. 49th Avnue #304 11169 W. 68th Way 9240 W. 49th Avenue #303 Wheat Ridge, CO 80033 Arvada, CO 80004 Wheat Ridge, CO 80033 Charles Maher Stephen Hart Mary Jane Dusek P.O. Box 1502 9240 W. 49th Avenue #315 9240 W. 49th Avenue - Wheat Ridge, CO 80034 Wheat Ridge, CO 80033 80033 Wheat Ridge, CO Pamela Kennedy Shirley Ross Jeann Hull 9240 W. 49th Avenue #311 9240 W. 49th Avenue #308 9240 W. 49th Avenue #308 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Pearl Williams Duane/Janet Doffing William/Marolyn Rogers 8152 W. Quarto Drive 2035 Lowell Blvd. 4400 S. Independence Trail Littleton,.CO 80123 Denver, CO 80211 Evergreen, CO 80439 Harry Richner 70 Executive Center GP David Thyfault 9445 W. 49th Avenue 4891 Independence St. 9380 W. 49th Avenue #101 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Dan Taylor Gary Dillard Donald Pratt P.O. Box 632 9240 W. 49th Avenue #301 _ _ 9240 W.49th Avenue #303 Evergreen, CO 80437 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Alexandra Ilardo 9240 W. 49th Avenue #303 Wheat Ridge, CO 80033 Daniel Dewild 9240 W. 49th Avenue #306 Wheat Ridge, CO 80033 Josephn Heimller 9240 W. 49th Avenue #306 Wheat Ridge, CO 80033 Ray Wells 9240 W. 49th Avenue #308 Wheat Ridge, CO. 80033 Mark Ross 9240 W. 49th Avenue #310 Wheat Ridge, CO 80033 James Klein 9240 W. 49th Avenue #311 Wheat Ridge, CO 80033 Cartie Suggs Patrick Mershon Charles Von Hortenau 9240 W. 49th Avenue #311 11169 W. 68th Way 6171 S. Kearney Street Wheat Ridge, CO 80033 Arvada; CO 80111 Englewood, CO 80111 Michael Miller 9240 W. 49th Avenue #316 Wheat Ridge, CO. 80033 Jill Cwalina 9340 W. 49th Avenue #202 Wheat Ridge, CO 80033 John Brancucci 9340 W. 49th Avenue #205 Wheat Ridge, CO 80033 James Peters 1940 Garland Street Lakewood, CO 80215 Richazd Bell 9340 W. 49th Avenue #2121 Wheat Ridge, CO 80033 Inga VonHortenau 6171 S. Kearney Street Englewood, CO 80011 Stephen Scott 5285 Tabor Street Arvada, CO 80002 Thomas Green 9380 W. 49th Avenue #109 Wheat Ridge, CO 80033 Joan/Robert Evans 9380 W. 49th Avenue #112 Wheat Ridge, CO 80033 i Francis Oschmann 8348 W. 75th Way Arvada, CO 80005 Charles VonHortenau 6171 S. Kearney Street Englewood, CO 80111 Gary Werle 9340 W.49th Avenue #203 Wheat Ridge, CO 80033 Riley Meehan 980 W. 100th Place Northglenn, CO 80221 Jaime J. Jones 9340 W. 49th Avenue #210 Wheat Ridge, CO 80033 Karen Scheck 9340 W. 49th Avenue #213 Wheat Ridge, CO 80033 Kazolyn Lanoue 9380 W. 49th Avenue #102 Wheat Ridge, CO 80033 Ruth Cowan 9380 W. 49th Avenue #106 Wheat Ridge, CO 80033 Mehran Sowdaey 9380 W. 49th Avenue #109 Wheat Ridge, CO 80033 Waldemar Borowiec 9380 W. 49th Avenue #113 Wheat Ridge, CO 80033 James Alberta 9340 W. 49th Avenue #204 Wheat Ridge, CO 80033 Jeffrey Rathman 9340 W. 49th Avenue #208 Wheat Ridge, CO 80033 David Jackson .1940 Garland Street Lakewood, CO 80215 Floyd Espinoaa 9340 W. 49th Avenue #217 Wheat Ridge, CO 80033 Ruben Sandoval 9380 W. 49th Avenue #103 Wheat Ridge, CO 80033 Judith Pippin 9380 W. 49th Avenue #108 Wheat Ridge, CO 80033 Howard N., Schiff P.O. Box 1390 Arvada, CO 80001 Rick Keenan 9380 W. 49th Avenue #114 Wheat Ridge, CO 80033 Mohamad Saka Phil Haas JamesBanee Rock 9380 W. 49th Avenue #118 9380 W. 49th Avenue #115 9380 W. 49th Avenue #117 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 ~ I also wish to receive the ENDER: --"r'~'T"'. eor,~¢t¢ n¢ms t andror z for addaional sarvi¢a:. _ ,__ .-~--~_---•~--^-- ~ following services (for an extra fee): - , i _ -~ I€tDrrt this c FOSiAGE .' L Print your name and address once reverse ~o~`[~ -rm s - ab t ^ Addressee's Address ' RETURN RECEIPT =t ~_~_r~.._ SHOW TO WFK)AA WT ADOPE.SS OF CEUVER\ is tormin the front of the mailpiece, or on [he back If space tlces not permit. d e - ___ - 2. ^ RestriCted DelVery - ostmaster for fee. ult C re , a7~1" CERTIFIED FEE+REM ~ T'h¢ RefUm R¢caipt will show to wMm the artiol¢ was a IVare an h~ p ons Rl SERVICE -~.- TCTALPOETAGEANDF --3yArtlc~Addressed to: , ~~ArticleNumber _ - - ---~ _ " -P 963 361 42 ~' SENT TO: ~ NOTFDRINT~ s Bob Stafford ab. Service Type a m Bob Stafford ~ 2500 Van Gordon ~ _ _ `~ CERTIFIED _ 2500 Van Gordon Lakewood, CO 80215 _ _- __ _ -__ m er ~ z -97-s 7. Date of Delivery p - LakeWOOd, CO 8~ I/~+ -- - - -- - - _ ..r _~ T.- _ - - - _ -- I also wish to rECeive Cfie- . ~ , ,,, , „ RENDER: Reins 1 andror 2 for adtltlional services -- following services (for an extra fee): d ' - tfis-farm-so-that we can return this - _ car s Address ~ ^ Addressee r name a ad re s ' P~ F~.~-mac °-° ---J ~`'''"n ~' ^ Restricted Delivery 2 _ I' ~-^- - - POSTAGE is orm to rb e I I i~~'-3Vac Ooes no Permi aA$a_ delivered antl the date delivered, - t ConSUlt pOStmasier for ee. I I RENRN SHOW To vIHONF - .The Return ecel I s o o earHcle was .. -- ---- ADDRESS CF DE 4a. ArtlCle NUmber RECEIPT - GERTIFIEDFEE-RETV? - --_- Y---------_-------- P 963 361 424 SERVICE tL - - - -" roru POSrADE ANe F., _.q_ ~ __~ - - " i~orFOxrNT~~ ChaTlerie HDffman - - _ - - -4b. Service Type ' __ ~ SENT T0; a '-~ 9340~J. 49th Avenue #207 ~ CERTIFIED ' g CO 80033 __ Wheat Rtd e -_ _ -._ , _ m Charlene l3offi - - J - --- 7 Date of Deliv r m 9340 V~-'. 49th ._- _ - - - - - - f - ~ - ~ y - N . -- Q- W170a1 R1dQe I also wish to receive the - R -.complete items i andror z+or add'Iti¢nal seances following services (for an extra fee): I Oq ,- ~ Fr~ydur name and address on the reverse of this form so that we can return th is card 1 ^ Addressee's Address ~~ '- the front of the malplece or on the back it space does not perm it. 2, ^ RestriCted DeIVery ynor+!+.-.- ~1a~-_ -mourn Receipt wlll show to whom tF~e art de was a Ivere an e pp ~ ) -R'3n`5ut postmaster for fee. , , „ PosTADS - ce ri resse - -- mber Nu 4a-A~fcleA~ticle RETURN ~ - -- - -~---- -- - - -_-- -- - --- 950 OEGVE oD ~ g I'~ 1 0~~~1~ 42 S ' R RE A - - - .. - _- -._._~_._ RECEIPT - - CERTIFIED FEE-RETI_ __ ~ ~ Qb. SE'rvloe Type SERVICE lrl Frances Hawkins _ TOTAL POETAG'c AND F~--= ~ _ ._ T SENT 70: 01NOrFaRwT~ 9240 W. 49th Avenue #305 ~ ~ CERTIFIED - -- CO 80033 R d - _ - ge; l Wheat ~ - _ a - ~ Dat o>~ Ilvery' ~ ZJ - --- _ ~' Frances Ha~km - ~ fn '-SReceived By: (Print Namej - f` -- --~ ` a Addressees Address _ ~ Wheat Rldge, C' DER; __ _ _ - _ r_ I also wish to receive the .Mete items I aMror 2 for adtluional services following services (for an extra fee): a _3i1'dPrint your name and adtlress on the reverse of this form so that we can return this cab I 1. ^ Addressee's Address , _~~ _ - - of the mail iece or on the tack if space does not permit. 2. ^ RBSIrICted DEhVery PS FORM 3800 U... i'(Pye ftgturn Receipt will show to whom the article was delivered and the date tleliveretl. COnSU pos maser or ee. r[ce Addressed to: - ~ - ~ ' - ~ ~ - ° -- 4a. Article Nurnber ~- - -- ~~ -_ -- - -. POST"DE-~ Pacifica AREA/I-70 LLC' =f 963 361 4 „..Iv sHow TC V~tr Dan o C/0 Mike Kendall ~'~ ADDRESS OF DELVER` _ ~„~ ab Service Type - RECEIPT CERI'IFIEDFEE+flET~_-, ~ E ANDF~ 5350 S. Roselyn Ste. 240 ~ SERVICE ,-;. -- -- - ~ CERTIFIED TOTAL POETAG C0 80111 ru lewood En FO " I - , g RINT-~ NOT ~' SENT TO:. - ~lZ 9rf-~' ( 7. Date ev y _'---- . - _ ,a ,~ Y8C111Ca HKGH- - - --- ---- Mlke Kendceived By (Pont Namej Rt / _ -- 8. Addre ee's Address - id ) d f C 0 --- ------~ --- -~-- ---- ee pa . -- (ONLY if requested an 'T' 5350 S. Rosely''~ ____ "n - 6. Signatur : (Addressee or Agent) °' Englewood, C a -- *~ - ara,3811, January isss , , , , , , . , . Domestic Return Recei t .... P PS FORM 3800 U. , ' - g f I ' PosmcE _.6pmplete Hems t zMror z for additional services. ._ I also wish to receive the I RETURN show To w,~dm. OA ,print your name antl adtlress on the reverse of this form so that we can return this cartl ADDRESS OF DELIVEO tD 'YOU - _ _ _- -- following services (for an extra fee): ~ ^ A t t ' Add RECEIPT SERVICE _ CERTIFIED FEE -REF- .Attach this form 1 h 1 t it ' - d 1 ermil. P . _ . O E re$$ee $ reSS mZ^_Bestcictedlleiver_y ~ IL ___ ToiAL PosTPGE ArvO...~ 7fifl Return Receipt will show to wham the arlide was delivered and the date delivered. _ QOpg~t postmaster fQr_teE~_ ___ ~' -- SENT TO: " 3-Article Addressed to: - "0TH"'""'- _ -- -- 4a. Article Number - ,a _ - P 963 361 427 m Elvis Ti et PP Elvis Tippet ~ " 4b. Service type 9665 W 49th Avenue - m ~ . 9605 W. 49th ~ Wheat Ridge, CO 80033 - - _- _ _------_ _ - - CERTIFIED Q- Wheat Ridge, C , : lv~ - 97 ' ~ _ _ - - -- --- - 7. Die o,D elivery ~ - - - -- ~ ' " _ DER: _ _ ____ _... __.___ _ _ -- - - - - __-__ _ - - -- I also wish to receive the _ - o I ~ r FORM 3P~QQ _. ~~ Pti verse of tnis form so that we can return mis wN th dd ' owing services or an ex ra te~-~' ' ~~ -- - ,_ ress on e re r a - - - s Address ~^ Addressee ~ i ~ _ - _ POSTAGE a=_ ~~ftifflcti this Corm to the Front of the mailpiece, or on the back if space does not permtt. . 2. ^ Restricted DEIIVery I RETURN sROrv IDy,.lt,n r ADOPESS OF O'cLF - r i t will show to wham the article was tleliveretl a nd the date deliveretl. COnsUt pOStmaster fOr fEe. RECEIPT CERTIFIED FEE t - e Addressed 10: - 4d. AftIC1E NUmber ~ SERVICE __ _. - -- TOTAL POSTAGE4Y- --. --- - -. .- _ ~ 6. ~ 8 PPS 6 3 3 ~ s SENT TO: - - " dorcarr' ` - --- 'Tammy/James R30C1Se - _ _ ._._..__ . _ . _ . - 4b. Service Type ~ ~ 9240 W. 49th Avenue #313 _ CERTIFIED In Tammy/James IZ Wheat Ridge, CO 80033 - ,-,-_ ~``_ _ _ _ , m 9240 W.49th A~ cUZ 97 S ~_ 7. Date of Delivery -0 o- ~ - - ___ _-. __ _ _ C~ Wheat Ridge -_.-- -_ _ -' ~. - , __ - -_ --- _ -- '~ Received By: (Print Name)_ - - _a _ - - _ 8. Addresse? s Address ~ _ - - 1 also wish to receive the SENDER: - te_items t Mror z for additmmal services following services (for an extra fee): ~- ~ - _. _ ss r a r t_dAddressee's Address I I RETURN POSTAGE .. [o you. GROW To WHOM. ~ • Anach this form o e ran ITP~drOtrtne back rf space does trot permit, Z. ^ REStdctEd DEIIVery RECEIPT ADDRESS OF DE FRefuraReceipt will show to whom the arllcle was delivered and the date delivered. Consult pOSfmaSter fOf ee. sERVicE CERTIFIED FEE ~ t• -- '' ~ticr dressed-Eo: -- --- ¢a. ArtICIE NUmber ~ -- - TOTAL POSTAGE ~ .__. _ - - - -- p 9 6 3 3 61 4 2 9 ~ ENT O t"NOrP~- T : S rA, T, ~, ~r~n ~r _~- ~ 4b. Service Type a ,, - '-__ "_ m Harry Riclm~ 9445 W. 49th Avenue ~ - ~ CERTIFIED-_ - _ _- h meat Ridge, CO 80033 9445 W 49 t~ - m . t ~~ _ej ~~' - ~ _ - 7. Date of Deli ery °0 - -- \uheat Ridge-_ --=- ,_ _ , --_ tr _ a __ e~~ ceioed B~: (Print Name) _ - ~ __ - - 8. Addres e s Address _ - _ °-SENDER: I also wish to receive the _ ~ - --- ,. e rdT2-iaYa9alnonatxrvices -- - - following services (tor an extra fee): ourname and atldress on the reverse of this Corm so ry -rfn - awe can u I t. ^ Addressee's Address ~ 1 RETURN ~ u PosmcE _ m sHOw m wROrs e.${fadh this farm to [he front of the madplece, or on he ~c-Il space tloes rlot~¢tmit-- -- aF OELF- --2. - ^ REStfiCted DEIIVery RECEIPT - ADDRESS '~ erelpt will s row t6whem the article was delivered and the dale delivered. - • COnSUIt pOStmaSter fOr feE. SERVICE _ _ CERTIFIED FEE y r! _ - Die-Addressed to: 4a. Article Number O m TOTAN POSTAGE A. - - -- - - -- - _ --- __ -P 963 361 43~ ~' SENT TO: ' "oTFOTr: ~ _ ` .= .•~ ~• ~ ~rr.__ ^~-='~_--... •_v:_e~____~_ ~ _~ ______ _ =;== 4b. Service Type m Luthern'~he- 8300 W. 38th Avenue I -- ~ CERTIFIED 8300 V. ~R ~= Wheat Ridge, CO 80033 '~" --- ~ ~ y _ ~~ , e~' s Wheal Rif ~ -'- -_ -- - 7. Date of Delivery p^ ` l ~ ~ - '- ___ _ C IZ `-S.Received By: (Pont Name) 8. Addressee's Address - _ (ONLY it requested and tee paid.) PS FORM 3800 U_6. Signature: Addr ee or A ent) - - _ _ X _ ',-PSFORM3 1, Janua,y 1996 _ - --- - - `DOITteSfiC R2tUYn R2Ceipt _ ._- -- ~ - --- - 1 RETURN sHav To wtto :complete items tana/or z for adauional services nooRESC OFq - ! also wish to receive the ng Services for an extra fee followi ~ ~ RECEIPT nn your name an a ss on revereth~se o is fafTi £o ff~fC eta tet rr ffils~c d- - --- • cEm~FIEOFEE_te _ - _ _ __- _ _._ _ _ - 1. ^ Addressee's Address ~ SERVICE - TOTAL POSTAGE • Attach this form to the front o! the mailpieca, or on the back it space tloes not parmd. - z. RBStrCted Delivery ITl S SENT T0: _ --~ O w • The Return Receipt will show to w om t e anc~e was were an e a e were NoTF - -- - - - - ORSU t OStmaater Or ee. P ---- - ~ krtcfe 7acT rd essetT<o: _ _ _ 4a. Article Number ~ _ _ Mary Lou Daniels 'c - ~ Ms P 9 6 3 3 61 4 31 - . r^ _ - 49th Avenue Ms. Mary L~_ 9415 W - . - : - --_ - 4b. Service Type m CO 80033 - _ -_ 9-~ 15 W. 49t~ Wheat Ridge - .~ v- - _ , - \'~heat Ridg~_' ~ CERTIFIED ` W~-~ F- s 7 d ~- -__ - _ 7. Date of Delivery _ _- - _ ~- O~ ~-~ - 1 - - ., ce P am - - - ~ -~~~e s Address _ - - PC F(1RAA R$On - - - - - ' -" - ~ - -- --~--- P-' - ~ _ _ -- = _ (ONLY if requested and fee paid.) - I POSTAGE ~ i RETURN gODPE59CFf 6.. 'nature:( ressee or gent - RECEIPT - CEmIFIED FE - SERVICE - - R1 TOTAL POGTAQ -- ~FORM 3811,,lanuary tgss ' QomestiC Return Receipt s SENT TO: _ , NOT _ a - -Y.., --.. -- - - - m . - ~ _ ~ Stephen Staraha ~ it 10432 Noel Avenue rn -~ - Cupertino, CA 95014 N~ e ~~ w O, a a~ "-' ~ pc~ rt~onn ocnn ~-.. -- - .__.- -a-_ _ _-_. - D - __- - ~ also veisFi to receive the - I POSTAGE - :Complete items 1 antl/or 2 for 2tlditipna servid2b. following services (for an extra fee): I ' RETURN _ _ SHOW TO wN • Pnnt your name an a ress o ~ ort m"~"4R'd r i aDDRES50FOl ~cal'd-- - 1. ^ Addressee'sAddress RECEIM __ _ -_- _ - ~.~`...__ CERTIFIED FEE rAttach this form to the Fron[ of fhe mailpiece, or on the back if space does nat permit _ ~ . - - __ -_ _. , G. IJ f~2StrlCted DBIIVery fL SERVICE ToiaL PosTAG&. •She Return Receip[ will show to wham the article was a were an e a e e rvere - . -° ~~Onsut pOStmaS of TOr FEE. rD s -- -- SENT TO:- " ~ Article -resse o: eoT F- - ~Artkle Number -- - Louis-Anthony Ficco ~~ P 9 6 3 3 61 4 2 2 ,a y~ . '~ '~1 ~ '°- 3650 Vance Street - 4b. Service Type m , Louts!Anthon~ ~ ,.. _ m 36`0 Vance bt- Whea~fi'Ridge, CO 80033 ~ CERTIFIED `D i t Ri ~ ~' ve ~z c heai ~\ - - - - = 7. Date of Delivery - _-- _. -. .___. ~- - p} ~ d ! _ ~6. Received By: (Print Name) __ 8. Addressee's dress _ ~ __, _. - _ __ _ _ - ORM 3800 ~ ~~rypEp; _ ~ PS F _ - i I also wish to receive the - _ _ __ rns I `~id7ar2 f~~~e`iRa ~e ces. ie d ~~ -following services (for an extra feel: 1 ~ 1 _ - - a e PosraGE ~` '~ ~afyouur name ana adtlress on the reverse of Mis form so ;hat we can return this card ~ ^ Addressee's Address - -- I RETURN RECEIPT Anov~sso - rO ~' s arm o th~frb'nt-ot the mailpiece, or on the back if space does not permit 2. ^ RestrlCfed DBIIVery SERVICE CERTIFIED FE~-Rf~ac I - The Return Receipt will show to whom the aaide was delivered and the tlate deliveretl. ConSUt postmaster fOr tee. Fi _ _ roTaL PosTa - ~ 1ddCgssed to' _ 4a. Article Number ti ~- SENT TO: No" `` - - -- , - - " P 9 6 3 3 61 4 21 ` _- l Kirk P au ~- - a _ ~ 9395 W. 44th Avenue 4b. Service Type m Paul Kit- Wheat Ridge, CO 80033 _~-. i _ ~ CERTIFIED m 9395 R . ~ j ~ ~ Wheat F~ ~ Z _ e~ I,- 7. Date of Delivery J ~ .,. _ ____.__ --_-..__ rJ d ----- ---- _-_-- - -_-__-- _-- -- Addressee's Address 8 C~ i~ J. Received By: (Print Name) . (pNCY rf requested and fee paid.) PS FORM 3800 _ - ` - - ~ Sighat ~ ddressee or Agerrt ~ Domestic Return Receipt _-_ _ " M 3 ,_January lags ~ f r ~ Jam` o CITY OF WHEAT RIDGE -~ PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: June 5, 1997 DATE PREPARED: May 30, 1997 CASE NO. & NAME: WZ-97-51Pacifica CASE MANAGER: (`Meredith Reckert ACTION REQUESTED: Rezoning from C-1 to PCD, outline plan approval and final development plan approval with a variance. LOCATION OF REQUEST: 9500 W. 49th Avenue NAME & ADDRESS OF APPLICANT(S): Pacifica Holding Company LLC NAME & ADDRESS OF OWNER(S): 5350 S. Roslyn St. #240 Englewood, CO 80111 Pacifica ARKAIKipling & 1-70 LLC 5350 S. Roslyn St. #240 Englewood, CO 80111 APPROXIMATE AREA: 6.2 Acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Office, Showroom, Storage SURROUNDING ZONING: N: R-C; S: A-1; E: PRD, R-3; W: C-1 SURROUNDING' LAND USE: N: office, low density residential; S: I-70; E: multifamily; W: office COMPREHENSIVE PLAN FOR THE AREA: Commercial Activity Center - Kipling Activity Center Master Plan DATE PUBLISHED: May 16,1997 " ~" "' DATE POSTED: May 22,1997 DATED LEGAL NOTICES SENT: May 22, 1997 ENTER INTO RECORD: _ (X) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE (X) () SUBDIVISION REGULATIONS () () OTHER CASE FILE & PACKET MATERIALS SLIDES EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 1 ~,.... Planning Division Staff Report Page 2 Case No. WZ-97-5/1?acifica ~ , I. REQUEST The applicant requests approval of a rezoning on property located at 9500 West 49th Avenue from Commercial-One to Planned Commercial Development and for an outline development plan and a final development plan with a sign setback variance. The property in question was recently developed under C-1 zoning with four office/showroom storage buildings totaling 106,524 square feet. A temporary certificate of occupancy has been issued for the anchor tenant, a bank, in the southwestern-most structure on the property. The developer has requested the rezoning to delete currently allowed C-1 uses which are undesirable and to expand the allowed uses to include some low impact, semi-industrial businesses. The required platting document was previously approved pursuant to Case No. MS-95-4. This was approved prior to issuance of a building permit. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on February 6, 1997. Those attending include the following: Meredith Reckert -staff Mike Kendall -applicant Charlene Hoffman - 9340 W. 49th Avenue #207 Bob Stafford - 2500 Van Gordon Lou Ficco - 11315 West 38th Avenue Tony Ficco - 12425 West 38th Avenue Tammy, and James Raake - 9240 West 49th Avenue #313 .. Elvis Tippets - 9605 West 49th Avenue Concerns addressed included the following: -The feeling that the developer had misrepresented the intent of the project because zoning is C- 1 but the type of buildings which were built lend themselves to industrial type uses. Now, after the fact the developer is amending the zoning to fit the building, instead of designing the buildings to correspond with the zoning on the property -A concern for opening up the area to industrial uses where there are currently none in the close vicinity -Any plans for buffering for the adjacent multi-family residential development since the buildings are 5' from the eastern property line -Will outside storage be allowed? -Why not keep the C-1 zoning and apply for special uses as needed on a case-by-case basis -Concern for negative affects on adjacent commercial and residential -heavy truck traffic, potential for ~ ~ Planning Division Staff Report Page 3 Case No. WZ-97-5/Pacifica _ ,. dangerous waste products, etc. A letter of objection was submitted from one of the property owners on West 49th Avenue which is included under Exhibit `A'. III. OUTLINE DEVELOPMENT The outline development plan establishes design standards including a 24' height restriction for the main structure, 15' minimum landscaped coverage and building coverage not to exceed 35% of the site azea. In regazd to the minimum front setback from rights-of--way, the outline plan shows this requirement as 'being 30'. This figure should be revised to 50'. Allowed uses include all C-1 uses with the exception of undesirable businesses such as adult entertainment facilities, auto repair businesses, lumber yards and bazs. Other permitted uses taken from the C-2 and I zones include wholesale businesses ,light manufacturing and a contractor's office and shop. The maximum horsepower limitation is_listed as 10 for any machine being used on the premises. However there would be the availability to increase the horsepower limitation at the discretion of the Planning and Development Director. A potential tenant using machines with greater than 10 horsepower engines could be approved as long as this business could conform to the performance standazds referenced on this document. Staff is uncomfortable with this provision being left open ended and would recommend the maximum be limited to 10. If a horsepower greater than 10 is being requested, a special use permit could be pursued. Another item of concern is the provision for outside storage. Staff feels strongly that this should not be allowed behind the eastern two buildings and recommends the plan be revised accordingly. Wing walls should be required to be extended from the east and west sides of the western buildings to buffer the view from adjacent residences and businesses. These wing walls should be at least 8' high and should be designed to match the buildings architecturally. Enclosure of the storage areas could be completed with a 6' high fence with slats. If outside storage is approved on the outline plan, the final development plan must be changed as well. Based on residential adjacency on the east, Staff recommends that the plan be revised to allow only C-I uses with no outside storage in the eastern two buildings. All requirements for a Planned Commercial Development outline development plan have been met. IV. REZONING CRITERIA In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: I. That the change of zone is in conformance, or will bring the property into conformance Planning Division Staff Report Case No. WZ-97-5/Pacifica Page 4 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. The Comprehensive Plan designates this property as being within the ICipling Activity Center Master Plan azea. The specific land use classification is "Office/Retail" which would allow a mix of uses including retail, service and office. There is no mention of allowing industrial uses in the azeas designated as "Office/Retail". Farther to the north, the land is shown as "Business Park" which would allow light industrial uses such as the Starguide facility which was recently rezoned and built. This is a high tech manufacturing facility with a horsepower limitation of 20. For the reason stated above, Staff must conclude that the submittal as proposed, is inconsistent with the Comprehensive Plan. Amore acceptable land use transition would be to limit the eastern two buildings (adjacent to residential) to C-1 uses only with no outside_storage. 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. Adjacent land use and zoning surrounding the property include an office building with C-1 zoning to the west. To the northwest is an office building which has C-I zoning with PID zoning and uses further to the northwest. Abutting the property to the north is R-C zoning with a mix of office and low density residential use with PCD zoning to the north of this row of properties. Multi-family residential development with R-3 zoning (apartments) and Planned Residential Development zoning (condominiums) aze located directly to the east. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will economic benefits to the community as a result of the rezoning. . 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. All service agencies aze currently providing service to the property. , 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The change of zone will not affect drainage or the amount of light and air to adjacent properties. The buildings will remain regardless of zoning on the property. There could be a visual impact if outside storage is allowed and not adequately screened. Performance standazds were required by Staff to mitigate other potential impacts, particularly to residents to the east. The more intensive uses should be ~,.. Page 5 Planning,Division Staff Report Case No. WZ-97-5/Pacifica allowed only in the western buildings. 6. That the property cannot reasonably be developed under the existing zoning conditions. There aze a wide variety of uses allowed under the existing C-1 zoning, however, the developer will have more flexibility in placing tenants with the expanded use list. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. As there is other commercial zoning in the azea, spot zoning is not an issue. g. That there is a void in an area or community need that the change of zone will fill by providing far necessary services, products or facilities especially appropriate at the location, considering available alternatives. Based on comments from the City's Economic Development Coordinator, there is a void in the market for this type of leasable space in Jefferson County. V. FINAL DEVELOPMENT PLAN A final development plan has been submitted which is consistent with the outline development plan building pazameters and which accurately reflects what has been built with the exception of the fencing around the proposed outside storage. If outside storage is approved, Staff's recommended wing walls be shown. Once again, Staff would recommend that outside storage be allowed only behind the western rivo buildings. _ No information has been provided regarding signage on the property except for the sign at the southwest corner of the property. The elevation of the sign being proposed is included under Exhibit `B'. The sign is 260 square feet in size and 24' 11" in height. It is being shown as 5' away from the right-of--way lines which requires a 5' setback variance discussed under Section VI. of this report. Staff is supporting the , variance if this is the only freestanding sign allowed on the property. All minimum requirements of zoning code have been met. All requirements for a final development plan have been met. VI. VARIANCE With this application, the applicant has included a request for a sign setback variance for the project identification -sign. There was an original request, Case No. WA-97-3, for approval of a 25' sign setback variance to allow a ___ _ ( ~ ' Planning Division Staff Report Page 6 Case No. WZ-47-5/Pacifica 30' high sign 5' from the front property line. Pursuant to Section 26-410(e)(3) of the Wheat Ridge Code of Laws, signs over 25' in height must have a 30' setback from street right-of--way. This case was heazd and denied by the Board of Adjustment on Mazch 27, 1997. This original request has been reduced by having the sign lowered to 24'-11" in height, thereby reducing the required setback from 30' to 10'. Therefore, a lesser setback vaziance of only 5' is needed, rather than the original 25'. The applicant has submitted justification for the request by comparing the proposal to other similaz sized signs in the azea and the setbacks provided for those. Please refer to Exhibit `B". Staff would note that the sign was erected without a permit as the developer assumed the building permit for development of the property was all-inclusive. The sign currently has a 5' setback from the r-o-w line and will have to be relocated regardless of the outcome of the case. Variances must be considered separately from the other cases and requires agreater-than- majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). Staff has the following comments regarding the criteria used to evaluate a variance: 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 sign were relocated with a 10' setback, it would still be visible from I-70, however, it may be in a location which is not as aesthetically pleasing as the proposed location. 2. Is the plight of the owner due to unique circumstances? Because the sign was erected without a permit, Staff concludes that the hazdship is self-imposed. 3. If the variation was granted, would it alter the essential character of the locality? There are many signs in this vicinity of similar size with comparable setbacks. If the variance were granted it would not alter the character of the area. 4. Would the particular physical surrounding shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? The site is relatively flat and there is an insufficient grade change between I-70 and the property to constitute a hardship. The setback problem occurs because of the Independence/I-70 corner radius requirement and the applicant's need to place the sign perpendicular to the freeway for equal visibility from both the east and west. Planning.Division Staff Report Page 7 Case No. WZ-97-5/Pacifica 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes, however, there aze already signs of comparable size and height in the area with similaz setbacks. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? This request is economically motivated. The applicant has chosen the sign location based on the need for maximum exposure to I-70. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The developer has created his own hazdship by erecting the sign without a permit. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The sign is located outside of the sight distance triangle and does not pose a threat to public welfaze. The proposed location is more aesthetically pleasing than an alternate location which meets the 10' setback. The applicant could be allowed two freestanding signs on the property as opposed to the single sign being proposed. For these reasons, Staff concludes that the vaziance would not be injurious to other property or improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood?. Because the request is for placement of a sign, not a building, approval of the variance will not impair the supply of light and air to properties. As noted in #8, there should not be endangerment to the public's safety or a negative impact to property values in the vicinity. lll. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements int he neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or 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. Planning Division Staff Report Page 8 Case No. WZ-97-5/Pacifica Staff has already concluded that granting of the vaziance would not be detrimental to property, improvements or real estate values in the neighborhood, nor would it hurt the health, safety and welfaze, It could prove to be an improvement to the neighborhood aesthetically if no other freestanding signs were allowed on the property., It would not result in an accommodation to a person with disabilities. Staff concludes that although there aze no unique circumstances and the hardship is self-imposed, there would be no endangerment to the public health, safety and welfare if approved. If the variance is approved, it may result in a more aesthetically pleasing development. For these reasons, a recommendation of approval is given with the following conditions: I. A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping be installed around the base of the sign, 3. No other freestanding signs be allowed on the property. VII. AGENCY REFERRALS All agencies aze currently serving the property. The Police Department has advised that the use of rocks in the development's landscaping should be discouraged. Given the amount of glass used in the development, the use of rock could facilitate vandalism after regular business hours. The Arvada Fire Protection District has expressed concern that some of the proposed uses could require building interior upgrades. Their specific comments have been forwarded to the applicant. VIII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that rezoning from C-1 to PCD is required to allow the developer more flexibility in leasing tenant space. Staff further concludes that although industrial-type uses aze not specifically allowed in the "Office/Retail" definition in the Kipling Activity Center Master Plan, there aze some light industrial uses which are appropriate for the azea if performance standazds aze used. Staff would support a land use transition from multi-family residential to the east to C-1 uses in the eastern buildings with no outside storage to light industrial uses with screened outdoor storage in the western buildings. Therefore, a recommendation ofapproval is given for the outline development plan with the following conditions; 1. In the development standards, the perimeter setback next to right-of--way be changed to 50' 2. Maximum machine horsepower be limited to 10 and anything above that be reviewed as a special use. 3. Uses in the eastern buildings be limited to C-1 uses with no outside storage, Plaruting Division Staff Report Case No. WZ-97-5/Pacifica Page 9 4. Wings walls be extended from the east and west walls of the western building to help screen outside storage areas. A recommendation of approval is given for the final development plan with the following conditions: 1. Wing walls be extended from the east and west walls of the western building to help screen outside storage areas. 2. Outside storage be allowed only behind the western buildings 3. If the variance is approved, the plan be revised accordingly. No other freestanding signs; be allowed on the property. In regazd to the request for vaziance, Staff has concluded that approval of the reduced request would not prove a hazazd to the public health, safety and welfare, nor would it have a negative impact on property values. Because the proposed location is more aesthetically pleasing than other locations meeting setbacks, a recommendation of Approval is given with the following conditions: 1. A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping be installed around the base of the sign, and 3. No other freestanding signs be allowed on the property. IX. RECOMMENDED MOTIONS OUTLINE DEVELOPMENT PLAN Option A: "I move that Case No. Case No. WZ-97-5, a request for approval of rezoning from Conunercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be approved for the following reasons: 1. A rezoning is required to expand allowed uses. 2. As recommended by Staff, it would allow a land use transition. 3. All requirements for a PCD outline development plan have been met. With the following conditions: 1. In the development standazds, the perimeter setback next to right-of--way be changed to 50 feet.. 2. Maximum machine horsepower be limited to ten and anything above that be reviewed as a special use. 3. Uses in the eastern buildings be limited to C-1 uses with no outside storage. 4. Wings walls be extended from the east and west walls of the western building to help screen outside storage areas." f ~ Planning Division Staff Report Case No. WZ-97-5/Pacifica Page 10 Option B: "I move that Case No. Case No. WZ-97-5, a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be Denied for the foliowing reasons: 1. 2. 3. FLNAL DEVELOPMENT PLAN Option A: "I move that the request for approval of a final development plan for property located at 9500 West 49th Avenue, be approved for the following reasons: 1. As recommended by Staff, it would provide a land use transition. 2. All maximum requirements of the zoning code have been met. ,. All requirements for a PCD final development plan have been met. With the following conditions: 1, Wing walls be extended from the east and west walls of the western building to help screen outside storage azeas. 2. Outside storage be allowed only behind the western buildings. 3. If the vaziance is approved, the plan be revised accordingly. No other freestanding signs be allowed on the property." Option B: "I move that Case No. Case No. WZ-97-5, a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be Denied for the following reasons: 1. 2. 3. VARIANCE Option A: "I move that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be approved for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not have a negative impact on property values or the public welfaze. 3, Proposed location is more aesthetically pleasing than other locations meeting setbacks. ~ ~ Pl~cming Division Staff Report Page 11 Case No. WZ-97-5/Pacifica With the following conditions: 1. A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping be installed around the base of the sign. 3. No other freestanding signs be allowed on the property." Option B: "I move that the request for a five foot sign setback vaziance for property located at 9500 West 49th Avenue be Denied for the following reasons: 1. 2. 3. .» • PACIFICA f s3sos.Roslynstreet J J Suite 240 HOLDING COMPANY Englewood,C080111 303-721-7600 Fax-220-5585 January 31, 1997 Frances M. Hawkins 9240 W. 49th Avenue, #305 Wheat Ridge, CO 80033 Re: Neighborhood Input Meeting Thursday, February 6, 1997 at 6:00 p.m. in the Lobby Conference Room at City Hall 7500 West 29th Avenue, Wheat Ridge, Colorado Deaz ResidentlProperiy Owner: _ This letter is to inform you that Pacifica Development Properties II, LLC is proposing a rezoning from C-1 to Planned Commercial Development for the property currently under construction at 9500 West 49th Avenue iu Wheat Ridge. We will be holding a neighborhood input meeting for all residents and owners within a 600 foot radius of this property. The purpose of this meeting is for us, as owner and developer, to present our proposal to you and also to allow you, as a neighborhood, to express drrectly to us your concems, issues and desires. A staffplanner will attend the meeting to discuss the City of Wheat Ridge policy and regulations and the process involved, however, the planner will remain impartial regazding the viability of the project. The purpose of our proposal is to add several uses not culrently allowed under C-1 that will broaden the tenant base for the project without deviating from the clean, professional business pazk environment that we have committed to provide. Some of these additional uses include research laboratories, printing, engravuig and other related reproduction processes, wholesale businesses, wazehousing with light vehicular tragic, light manrlfacturing and assembly including the production of instruments of professional, scientific, photographic, optical and other similaz uses, etc. In consideration of the above requests, we have gone through the current uses allowed under C-1 and aze willing to give up those uses which we feel would have a negative impact on the neighborhood. These include adult entertainment establishments, automobile and light duty truck sales aad rental, auto service and repair shops, mortuaries and crematories, motor fueling stations, drive-in restaurants, pawn shops, taverns, nightclubs and bazs, etc. Our goal is to add value to the surrounding neighborhood through the construction and lease-up of a high-end business park that would beiefit the community without adversely impacting the day-to-day lives of the surrounding residents. We look forwazd to meeting with you to discuss any questions or concerns you may have. After attending the neighborhood input meeting, please use the back of this letter to list any specific concerns, issues or suggestions which You may have regazding this proposal. Please sign it and give it to us as we are required to provide these forms to the City along with our application. Sincerely, PACIFICA DEVELOPMENT PROPE S, LLC ' Michael H. Kendall g:ldataldacsUcniddRn~bo[ltr CaSE~, ~ ~-Q ~ ' S ~~ ~'~~~ ~ ~- ~ ~~ ~~~ ~ ~ ~ ~ sa ~ ~ y~ ~ ~~~ ~ ~ ~ /~ ~J G" ~ Cf r ~ ~~~~~~ ~ ~~ r ~j' `~ ~- ~ ~ ~~ ~y~ ~ ~ ~,~~ °c~/ `~ ~. ~~~~~~~ s r PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-97-5 DATE: Tune 5, 1997 REQUEST: A public hearing for rezoning from Commercial-One to Planned Commercial Development and final development plan for property located at 9500 W. 49th Avenue. Position on Please ch equest k M+c~r~~ Y~r~agctr 53sy! l.k'a~iya ~'• y~ ~~ta r Pq°GIGrGFI- ii0l,Div f~ ~Nti a . /rJ fl !t J ~ t-4'S ~ / b , Gt~B•155 7~v `~-1 Cv 1OA S, i'; (:"Q~J ct' ~35Gtt # ,nk, L~?C CU 8aix7 4'~Z3otto ~// • Planning Commission Minutes June 5, 1997 Page 3 anticipate excessive noise from a new 35 HP motor as opposed to what was the case with older 5 HP models. Discussion was held regarding semi-trucks, fill to be used, flood plain concerns, reluctance of having a tine recapping business, landscaping, loading zones, general traffic, noise, zoning, horsepower limits, time limited semi parking, outside storage, type of businesses allowed, and effort to-save as many trees as possible. A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, "I move that Case No. WZ-97-7, a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be APPROVED for the following reasons: 1. It is within the City of Wheat Ridge, posting notifications have been met. 2. Although some of the uses aze semi-industrial in nature, the proposal is consistent with adjoining zoning and development. 3. The property cannot be reasonably developed under current zoning. 4, All responding agencies can service the facility. With the following conditions: 1. That performance standazds as "Exhibit A" be included under the list of allowed uses. 2. A note disallowing billboards be placed on the plan. 3. If feasible and subject to approval of the Final Development Plan, brick accent be used on those building elevations visible from adjoining streets. 4. Outside storage can be allowed on the northern most building provided that it is not accessible by vehicles and will be reviewed at the time of the submittal of the Final Development Plan. 5. Mature trees to be preserved as practical. 6. No above ground loading docks be shown on the Final Development Plan. 7. In the list of uses, lire capping be eliminated. 8. That the plan provide noise,standazds that are acceptable per State standards. 9. Repair or maintenance of semi-trucks be eliminated. 10. Regulaz parking or storage of semi's outside the premise will not be allowed." Motion carried 8-0. B. Case No WZ-97-5: An application by Pacifica Holding Company LLC to rezone from Commercial-One to Planned Commercial Development, outline Planning Commission Minutes June 5, 1997 Page 4 plan approval and final development plan approval with a variance for property located at 9500 W. 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert presented an overview of this case and entered into the record, caning ordinance, comp plan, slides, exhibits, and other pertinent information. Ms. Reckert stated that the applicant has requested rezoning to eliminate some of the allowed uses that they feel aze undesirable for the neighborhood and to expand some of the allowed uses. There was one letter of objection which was included in the packet. Allowed uses include C-1 uses with the exception of undesirable businesses such as adult entertainment, auto repair, and bars. It has been required of the applicant to include performance standards into the list of allowed uses. Availability for outside storage is a concern due to visibility and Staff is requesting that storage be excluded from 'the eastern two buildings and limited storage for the western buildings which would include outdoor screening. She discussed the sign size and height originally denied when presented to the Boazd of Adjustments in March, i 997. The sign change constitutes a reduced request for sign setback variance. The developer installed an improper sign during original development due to a misconception on their part regarding what aspects of the development were covered by the building permit. 4 Chairperson WILLIAMS swore in Mike Kendall of Pacifica Holding Company, 5350 S. Roslyn. Mr. Kendall stated that they would remove the request for outside storage in order to create a "business park" atmosphere. They plan to remove inappropriate uses and replace them with more desirable businesses. He stated there have been considerable requests for areas that include some storage inside behind the front offices. He stated that 80% of this type of use is officePousiness space with the remaining 20% light industrial. The horsepower request stems from technology improvements and an effort to be flexible for future tenants. I-Ie is willing,to compromise. however. He said that higher horsepower with new generators will generate less noise and pollution. He stated that uses they would eliminate include adult entertainment establishments, auto/light duty truck sales/rental, out-of-service repair shops, hotels/motels, mortuaries, motor fueling, woodworking, drive-in restaurants, pawn shops, bazs, theaters or night clubs. Targeted business for this project aze of the 8:00 a.m. to 5:00 p.m. type businesses. He feels that Pacifica is trying to make the project as aesthetically pleasing as possible. Chairperson WILLIAMS swore in Chris Rusch, 6108 S. Pierson, Littleton, 80127. Mr. Rusch is the sign designer and presented the proposed sign overview. General discussion included elimination of all outside storage, appeazance of the building, light industrial usage, free standing signs, maximum machine horsepower, noise created by generators and the opening of the garage doors for ventilation, truck traffic, screening of the apartment buildings, what type of fence would be installed, fire department concerns regarding the indoor fire system and various site improvements. ~ ~ Planning Commission Minutes June 5, 1997 Page 5 The following motions were presented: Outline Develo~ent Plan Commissioner SNOW motioned, Commissioner THOMPSON seconded, "that Case No. WZ-97- 5, arequest for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be DENIED for the following reasons: 1. The number and type of industrial uses included make it industrial use not commercial. 2. As such it is not in conformance with the Comprehensive Plan which shows office/retail at the Kipling Activity Center Master Plan. 3. It is not compatible with the adjacent residential properties. 4. It can reasonably be used within the current zoning. 5. Allowing rezoning uses to industrial uses in one of the designated commercial activities could establish a precedence to ignore the intent of activity centers throughout the City. Motion failed 3-5. (Comrnissioners Rasplicka, Cerveny, Brinkman, Griffith, Williams: denied). Final Development and Outline Plan Commissioner BRINKMAN motioned, Commissioner CERVENY seconded, "that the request for approval of an outline and final development plan for properly located at 9500 West 49th Avenue, be APPROVED for the following reasons: 1. A rezoning is required to expand allowed uses as recommended by Staff which would allow a land use transition. 2. All requirements for a PCD outline development plan have been met. With the following conditions: 1. In the development standards, the perimeter setback next to the right-of--way be changed to 50 feet. 2. No regular long term parking ofsemi-trucks and trailers be allowed. 3. No outside storage be allowed. 4. Any use noY permitted under the Commercial-One and not listed under the additional light industrial, cannot occur between 10:00 p.m. and 6:00 a.m.. 5. Any use in excess of 35 HP in the two most eastern buildings be reviewed on a ~ case-by-case basis by Staff. Planning Commission Minutes June 5, 1997 Page 6 6. In the two western buildings, any use in excess of 40 HP will not be allowed without Staff's discretion. 7. No attachment of additional equipment such as special equipment, cranes, lifts, etc. to outside walls or roof will be permitted. 8. Eliminate uses listed on the plan under #8. 9. No woodworking businesses will be allowed." Motion carried 5-3. (Commissioners Snow, Thompson, Shockley: denied). fiance Commissioner THOMPSON motioned, Commissioner CERVENY seconded, "that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be APPROVED for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfaze. 2. It would not have a negative impact on property values or public welfare. 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks. e following conditions: 1. Landscaping be installed azound the base of the sign. 2. No other freestanding signs be allowed on the property." carried 8-0. C. Case No. ZOA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge ,County of Jefferson, State of Colorado (Continued from April 3, 1997.) Director GIDLEY presented an overview of case history. He stated that he has rewritten the ordinances which were attached to the packet for review. There are four sepazate issues being addressed in order to meet State Constitutional requirements. The Council Bills address Semi- Trucks and Trailers, Outside Storage, Landscaping, and Special Use Permits. It does not rezone any property or retro-apply to any existing use. The only way it would apply to any existing use is if the owner started a new business, built a substantial addition or redeveloped property, and is _ _ _ ____ _ Reoelvetl_ 6/13/9T 3e00PN1; - 3032205585 -> CITY OF WHEAT RIDGES SUN 13 '97 03~a0PM PACIFICA OLDING CO 303 220 5585 r .` ;~ PACIFICA coMMERCIaL BROKERAGE GROUFCOMMERCIAL BROKERAGE GROUo June 10, 1997 Mr. Glen Gridley Director of Planning and, Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: -- _Essence International at Pacifica I-70 West Business Park Dear Glen: Page 2 P.2i2 5354 S away„ st,e~K sUi~aao Englewood, COHOYYl 303-2205565 Fax-224.5585 I wanted to get your approval on the use of a tenant I am currently working with, called Essence International, for Pacifica I-70 West Business Park. They ate a tetail seller of nutritional and envirotxmental products. The space they would lease would be a regional headquarters for the company. The primary activity in this space will be to retail products to local cusW~mers, train local salespeople, and train salespeople from other parts of the country. They will stare some products at this location and have light shipping via United Parcel Service to some of their wholesalers in other parts of the country. They do not package or produce any of their products as they are produced for them under contract by several other companies. They have light shipping and receiving primarily through United Parcel Service. Please call me if you have any questions. Sincetely, PACIFICA COIVlMERCTAI. BROKERAGE GROUP Michael H. Kendall MHK/at THIS USE TS WITH THE JUNE 6, 199 . By: Glen Gridley, Director of Play CRITERIA IN PLACE FOR THIS SITE AS OF Development ~ I\i~I'RODUCED BY COLICIL AIE~'IBER Dalbec __ __ Council Bill No. 13 ORDINANCE NO. Series of 1997 TITT,E: AN ORDIN:~\'CE PROVIDI\`G FOR THE APPROVAL OF REZONING FROM COi\L~IERCLAL,-ONE TO PL:~\1'ED COiv'INIERCIAL DEVELOPMENT , DISTRICT Ai\'D FOR APPROV,~I, OF AN OUTLINE DEVELOPMENT PLA1V ON LAi\TD LOCATED AT 9500 NEST 49TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLOR-ADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF `VHEAT RIDGE, COLOR4D0, THAT: Ce ti Upon application by Pacifica Holding Company LLC for approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-97-~ and based on recommendation for approva[ with conditions from the \4heat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the ~VheaURidge City Council, Wheat Ridge maps aze hereby amended to exclude from the Commercial-One district,~and to include in the Planned Commercial Development district the following described land: _ Lots 1, 2, 3, and 4 of 70 Executive Center Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, Section 2. Conditions. __ .. The following uses are allowed: All RC1, R-C and C-l uses except the following: Adult entertainment facilities, automobile and light-duty truck sales and rental, auto service and repair shops, hotels and motels, mortuaries and crematories, motor fueling stations, drive-in restaurants, rooming and boarding houses, lumber yards, pawn shops, taverns acid night clubs, theaters. Additional permitted uses: Research laboratories, retail and wholesale sales of equipment, supplies and materials for use in agricultural, mining industry, business, transportation, building and construction, school for industrial or business training, printing and engraving, wholesale businesses, manufacturing, processing and wazehousing, light industrial operations, wazehousing with light vehicular traffic, building contractors service shop. 2, No regular long term packing ofsemi-trucks and trailers be allowed. 3. No outside storage be allowed. 4, Any use not permitted under the Cotnntercial-One and not listed under the additional light industrial, cattttot occur between 10:00 p.nt. and 6:00 a.m.. Ordinance No. Page 2 j. Any use in excess of 3~ HP in the rivo most eastern buildings be reviewed on a case-by case basis by Staff. (, In the rivo western buildings, any use in excess of 40 HP will not be allowed without Staffs ~ discretion. 7. No attachment of additional equipment such as special equipment, cranes, lifts, etc., to outside walls or roof will be permitted. S. Eliminate uses listed on the plan under n3. 9: No woodworking businesses will be allowed. ecti n ,. Vested Prooertv Rights. 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 of the Code of Laws of the City of Wheat Ridge. ect 4 cafrrv Clause. 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 welfaze of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfaze. The City Council fiuther determines that the ordinance beazs a rational relation to the proper legislative object sought to be attained. t' S Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. ~ tic on 6. This ordinance shall take effect ~ days afrer final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to Q on this ~3Zd. day of June- 1997, 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 j~LL: -$, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ~~ ~" ~ ~r,~~~ c~ ~! ~ `P- ~h~~.. 1 - ~ -- ~, ~,. ~ i _ ~ ~ ~ p ~ ~ ~~ N.~""" :aleQ antlaall3 ~~g",y~,~Q-- ~duosavl; a`pi~I ieatl,l\ ~ ~ :uoile~ilgnd Puy l~ C~Y`'`¢ -3' f/V`~`~• [~ L66I `LL aunt :voiieatignd ui q~ / AHId210.LLd 1I.I.I~ `'IH1;Q Q'IF'2I31J _ 7.3I~i2IO.L.Ld ,L.LIO .ifl I^T2I03 01 St' Q3A02Iddd `I1a10 .{1t0 `~vES eP~A1 =.LS3.LLt' ?IO].di~ `3Q'IIA1 NHQ L66I ` ,Io ~fep - stye uo io.{sj,\ ate •{q Qg,\rJIS of 'Lbbi ` ~o Xep-cn~.` ~o alon e ,tq aulpeai jaug pue pvb5as uo Q3HSI'Iflfld Q32I3Q`~IO Qi\T'd Q3.Ld0(IE' `Qt'3`~I ~ armed 'O!~ fl0\t'ATTQ2f0 • 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 ~1CQ'l Telephone 303/ 237-6944 RICIgB FAX 303/234-5924 July 1, 1997 Mr. Mike Kendall Pacifica Holding Company, LLL 5350 S. Roslyn St. #240 Englewood, CO 80211 Deaz Mike: On June 5, 1997, Planning Commission reviewed your request for approval of a rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan and final plan plat. A motion was made to recommend approval with the following conditions: 1. In the development standazds, the perimeter setback next to the right-of--way be changed to 50 feet. r 2. No regulaz long term parking of semi-trucks and trailers be allowed. 3. No outside storage be allowed. _ _ 4. Any use not permitted under the Commercial-One and not listed under the additional light industrial, cannot occur between 10:00 p.m. and 6:00 a.m.. 5. Any use in excess of 35 HP in the two most eastern buildings be reviewed on a case-be-case basis by Staff. 6. In the two western buildings, any use in excess of 40 HP will not be allowed without Staff's discretion. 7. No attachment_Qf additional equipment such as special equipment, cranes, lifts, etc., to outside walls or roof will be permitted.. 8. Eliminate uses listed orlthe plan under #8. r 9. No woodworking businesses will be allowed.. This case is scheduled for public heazing in front of City Council on July 28, 1997. I will need IS copies of the revised outline development plan no later than July 14th for pack distribution. I will be on vacation from July 1 -July 10. In the interim, if you have any questions, feel free to contact Sean McCartney at 235 2852. - __ ' Sincerely, Meredith Reckert Senior Planner CC Case No WZ-97-5 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 July 28, 1997; at 7:00 p.m. at 700 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: - I. Case No WZ-97-5• An application by Pacifica Holding Company, LLC, for Pacifica Development Properties, II, LLC, for approval of a Planned Commercial Development final development plan and plat with a variance. Said property is located at 9500 West 49th Avenue and is legally described as follows: Lots 1, 2, 3, and 4 of 70 Executive Center Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Mazilyn Gunn, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: July 11, 1997 Transcript __ _ OF a r' ie C . on speak at the Public Headng~or rsubmt written comments. The Following peti- ns shallioea heq~:-, An application by Pacifica Holding Company, LLC, for Pacifica Development Propert,es, II, LLC, for approval of a Planned Com- plan~alndeplat wnith af~var ancel~p Said property is located at 9500 West 49th Avenue and is legally described as fol- lows: Lots 1, 2, 3, and 4 of 70 Executive Cen- ter Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 1leenlvn Gunn Marilyn Gunn, Recording Secretary ATTEST: Wanda Sana_ Wanda Sang, City Clerk Wheat Ridge Transcript 3907-97 Published July / i 1997 ....... ......... Planning Division Stai£Report Case No. WZ-97-5/Pacifica TO: City Council DATE OF MEETING: July 28, 1997 CASE NO. & NAME: WZ-97SlPacifica Page 4 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT DATE PREPARED: July 16, 1997 CASE MANAGER: Meredith Reckert ACTION REQUESTEDRezoning from C-1 to PCD, outline plan approval and final development plan approval with a variance. LOCATION OF REQUEST: 9500 W. 49th Avenue NAME 8: ADDRESS OF APPLICANT(S): Pacifica Holding Company LLC 5350 S. Roslyn St ft240 Englewood, CO 80111 NAME & ADDRESS OF OWNER(S): Pacifica ARKAlKipling & I-70 LLC 5350 S. Roslyn St. #240 Englewood, CO 80111 APPROXIMATE AREA: 6.2 Acres PRESENT ZONING: Commercial-0ne PRESENT LAND USE: Office, Showroom, Storage SURROUNDING ZONING: N: R-C; S: A-1; E: PRD, R3; W: C-1 SURROUNDING LAND USE: N: office, low density residential; S: I-70; E: multifamily; W: office COMPREHENSNE PLAN FOR THE AREA: Commercial Activity Center - Kipling Activity Center Master Plan DATE PUBLISHED: July 11,1997 DATE POSTED: July 141997 DATED LEGAL NOTICES SENT: July 14,1997 ENTER INTO RECORD: _ ~___ _ _ _ _ _ _. _ (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES () SUBDIVISION REGULATIONS 0 EXHIBITS Q OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-97-5/Pacifica I. REQUEST Page 5 The applicant requests approval of a rezoning on property located at 9500 West 49th Avenue from Commercial-One to Planned Commercial Development and for an outline development plan and a final development plan with a sign setback variance. The property in question was recently developed under C-1 zoning with four ofiice/showroom/storagebufldings totaling 106,524 square feet. A temporary certificate of occupancy has been issued for the anchor tenant, a bank, in the southwestern-most structure on the property. The developer has requested the rezoning to delete currently allowed C-1 uses which are undesirable and to expand the allowed uses to include some low impact, semi-industrial businesses. The required platting document was previously approved pursuant to Case No. MS-95-4. This was approved prior to issuance of a building permit. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on February 6, 1997. Those attending include the following: Meredith Reckert -staff Mike Kendall -applicant Charlene Hoffman - 9340 W. 49th Avenue #207 Bob Stafford - 2500 Van Gordon Lou Ficco - 11315 West 38th Avenue Tony Ficco - 12425 West 38th Avenue Tammy and James Raake - 9240 West 49th Avenue #313 Elvis Tippets - 9605 West 49th Avenue Concerns addressed included the following: - The feeling that the developer had misrepresented the intent of the project because zoning is C-1 but the type of buildings which were built lend themselves to industrial type uses. Now, after the fact the developer is amending the zoning to fit the building, instead of designing the buildings to correspond with the zoning on the property - A concern for opening up the area to industrial uses where there are currently none in the close vicinity - Any plans for buffering for the adjacent multi-family residential development since the buildings are 5' from the eastern property line - Will outside storage be allowed? Planning Division Staff Report Case No. WZ-97-5/Pacifica Page 6 Why not keep the C-1 zoning and apply for special uses as needed on a case-by-case basis Concern for negative affects. on adjacent commercial and residential -heavy truck traffic, potential for dangerous_waste products, etc. A letter of objection was submitted from one ofthe property owners on West 49th Avenue which is included under Exhibit `A'. III. OUTLINE DEVELOPMENT The outline development plan establishes design standards including a 24' height restriction for the main structure, 15' minimum landscaped coverage and building coverage not to exceed 35% of the site area. Allowed uses include all C-1 uses with the exception of undesirable businesses such as adult entertainment facilities, auto repair businesses, lumber yards and bars. Other permitted uses taken from the C-2 and I zones include wholesale businesses, light manufacturing and a contractor's office and shop. The maximum horsepower limitation is listed as 35 HP for the eastern buildings and 40 HP in the western buildings for any machine being used on the premises. However, there would be the availability to increase the horsepower limitation at the discretion of the Planning and Development Director. A potential tenant using machines with greater horsepower than these maximums could be approved as long as this business could conform to the performance standards referenced on this document. Staffis uncomfortable with this provision being left open ended and would recommend the maximum be limited to a specific horsepower. If a horsepower greater than 35 and 40 HP is being requested, a special use permit could be pursued. The submittal to the Planning Commission included a provision for outside storage. This item was withdrawn at the Planning Commission meeting. All requ'vements for a Planned Commercial Development outline development plan have been met. IV. REZONING CRITERIA In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as being within the Kipling Activity Center Master Plan area. The specific land use classification is "Office/Retail" which would allow a mix of uses including retail, service and office. There is no mention of allowing industrial uses in the areas designated as "Office/Retail". Farther to the north, the land is shown as "Business Park" which Planning Division Staff Report Case No. WZ-97-5/Pacifica Page 7 would allow light industrial uses such as the Starguide facility which was recently rezoned and built. This is a high tech manufacturing facility with a horsepower limitation of 20. For the reason stated above, Staff must conclude that the submittal as proposed, is inconsistent with the Comprehensive Plan. However, Staffbelieves there are many high tech manufacturing uses which are not allowed in Commercial-One but have no impact on adjacent property. 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. Adjacent land use and zoning surrounding the property include an office building with C-1 zoning to the west. To the northwest is an office building which has C-1 zoning with PID zoning and uses further to the northwest. Abutting the property to the north is R-C zoning with a mix of office and low density residential use with PCD zoning to the north of this row of properties. Multi-family residential development with R-3 zoning (apartments) and Planned Residential Development zoning (condominiums) are located directly to the east. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will economic benefits to the community as a result of the rezoning. 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. All service agencies are currently providing service to the property 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The change of zone will not affect drainage or the amount of light and air to adjacent properties. The buildings will remain regardless of zoning on the property. Performance standards were required by Staffto mitigate other potential impacts, particularly to residents to the east. 6. That the property cannot reasonably be developed under the existing zoning conditions. There are a wide variety of uses allowed under the existing C-1 zoning, however, the developer will have more flexibility in placing tenants with the expanded use list. Planning Division StaffReport Case No. WZ-97-5/Pacifica Page 8 7, That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. As there is other commercial zoning in the area, spot zoning is not an issue. g, 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. Based on comments from the City's Economic Development Coordinator, there is a void in the market for this type of leasable space in Jefferson County. V, FINAL DEVELOPMENT PLAN A final development plan has been submitted which is consistent with the outline development plan building parameters and which accurately reflects what has been built. All minimum requirements of the C-1 zone have been met or exceeded. The exception is the eastern building setbacks which were allowed under the old definitions of "building height" in relation to reestablishing setbacks. No information has been provided regarding signage on the property except for the sign at the southwest corner of the property. The elevation of the sign being proposed is included under Exhibit `B'. The sign is 260 square feet in size and 24'11" in height. It is being shown as 5' away from the right-of--way lines which requires a 5' setback variance discussed under Section VI. of this report. Staff is supporting the variance if this is the only freestanding sign allowed on the property. All minimum requirements of zoning code have been met. All requirements for a final development plan have been met. VI. VARIANCE With this application, the applicant has included a request for a sign setback variance for the project identification sign. There was an original request, Case No. WA-97-3, for approval of a 25' sign set( ~( ) ariance to allow a 30' high sign 5' from the front property line. Pursuant to Section 26-410 e 3 of the Wheat Ridge Code of Laws, signs over 25' in height must have a 30' setback from street right-of--way. This case was heard and denied by the Board of Adjustment on March 27, 1997. This original request has been reduced by having the sign lowered to 24'-11" in height, thereby reducing the required setback from 30' to 10'. Therefore, a lesser setback variance of only 5' is needed, rather than the origina125'. The applicant has submitted justification for the request by comparing the proposal to other similar Planning Division Staff Report Case No. WZ-97-5/Pacifica Page 9 sized signs in the area and the setbacks provided for those. Please refer to Exhibit `B". Staffwould note that the sign was erected without a pernvt as the developer assumed the building permit for development of the property was all-inclusive. The sign currently has a 5' setback from the r-o-w line and will have to be relocated regardless of the outcome of the case. Variances must be considered separately from the other cases and requires agreater-than- majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). Staff has the following comments regarding the criteria used to evaluate a variance: 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 sign were relocated with a 10' setback, it would still be visible from I-70, however, it maybe in a location which is not as aesthetically pleasing as the proposed location. 2. is the plight of the owner due to unique circumstances? Because the sign was erected without a permit, Staffconcludes that the hardship is self-imposed. 3. If the variation was granted, would it alter the essential character of the locality? There are many signs in this vicinity of similar size with comparable setbacks. If the variance were granted it would not alter the character of the area. 4. Would the particular physical surrounding shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? The site is relatively flat and there is an insufficient grade change between I-70 and the property to constitute a hardship. The setback problem occurs because of the Independence/I-70 corner radius requirement and the applicant's need to place the sign perpendicular to the freeway for equal visibility from both the east and west. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes, however, there are already signs of comparable size and height in the area with similar setbacks. Planning Division 5taffReport Case No. WZ-97-5/Pacifica Page 10 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? This request is economically motivated. The applicant has chosen the sign location based on the need for maximum exposure to I-70. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The developer has created his own hardship by erecting the sign without a permit. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The sign is located outside of the sight distance triangle and does not pose a threat to public welfare. The proposed location is more aesthetically pleasing than an alternate location which meets the 10' setback. The applicant could be allowed two freestanding signs on the property as opposed to the single sign being proposed For these reasons, Staff concludes that the variance would not be injurious to other property or improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent properly or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Because the request is for placement of a sign, not a building, approval of the variance will not impair the supply of light and air to properties. As noted in #8, there should not be endangerment to the public's safety or a negative impact to property values in the vicinity. 10. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or 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. Staff has already concluded that granting of the variance would not be detrimental to property, improvements or real estate values in the neighborhood, nor would it hurt the health, safety and welfare. It could prove to be an improvement to the neighborhood aesthetically if no other freestanding signs were allowed on the property. It would not result in an accommodation to a person with disabilities. Planning Division Staff Report Page 11 Case No. WZ-97-5/Pacifica Staff concludes that although there are no unique circumstances and the hardship is self-imposed, there would be no endangerment to the public health, safety and welfare if approved. If the variance is approved, it may result in a more aesthetically pleasing development. For these reasons, a recommendation of approval is given with the following conditions: 1. A building permit be applied for and issued prior to the existing sign being moved. 2. Landscaping be installed around the base of the sign, 3. No other freestanding signs be allowed on the property. VII. AGENCY REFERRALS All agencies are currently serving the property. The Police Department has advised that the use of rocks in the development's landscaping should be discouraged. Given the amount of glass used in the development, the use of rock could facilitate vandalism after regular business hours. The Arvada Fire Protection District has expressed concern that some of the proposed uses could require building interior upgrades. Their specific comments have been forwarded to the applicant. VIII. PLANNING COMMISSION ACTION Planning Commission reviewed this case at a public hearing held on June 5, 1997. A recommendation of approval was made for the outline and final development plan for the following reasons: 1. A rezoning is required to expand allowed uses as recommended by Staff which would allow a land use transition. 2. All requirements for a PCD outline development plan have been met. With the following conditions: 1. In the development standards, the perimeter setback next to the right-of--way be changed to 50 feet. 2. No regular long term parking ofsemi-trucks and trailers be allowed. 3. No outside storage be allowed. 4. Any use not permitted under the Commercial-One and not listed under the additional light industrial, cannot occur between 10:00 p.m. and 6:00 a.m.. 5. Any use in excess of 35 HP in the two most eastern buildings be reviewed on a case-by-case basis by Staff. 6. tx- the two western buildings, any use in excess of 40 I-iP will not be allowed without Staff s discretion. 7. No attachment of additional equipment such as special equipment, cranes, lifts, etc., to outside Planning Division Staff Report Case No. WZ-97-5/Pacifica walls or roof will be permitted. 8. Eliminate uses listed on the plan under #8. 9. No woodworking businesses will be allowed. Page 12 All of the items have been incorporated into the outline and final plans with the exception of #7. The applicant has included a provision for no additional equipment being attached to walls but would like to reserve the right for attachment of additional equipment on the building roofs. There is already mechanical equipment attached to the roofs. In regard to the sign setback variance, a recommendation of approval was made for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not have a negative impact on property values or public welfare. 3. Proposed location is more aesthetically pleasing than other locations meetings setbacks. With the following conditions: 1. Landscaping be installed around the base of the sign. . 2. No other freestanding signs be allowed on the property. IX. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that rezoning from C-1 to PCD is required to allow the developer more flexibility in leasing tenant space. Staff further concludes that although industrial-type uses are not specifically allowed in the "Office/Retail" definition in the Kipling Activity Center Master Plan, there are some light industrial uses which are appropriate for the area if performance standards are used. Therefore, a recommendation of approval is given for the outline development plan with the following conditions; With the following conditions: 1. Semi-trucks and trailers be allowed on the property for pickup and deliveries only. 2. No shift work be allowed between the hours 10:00 p.m. and 6:00 a.m.. 3. The two most eastern buildings be limited to a 35 I~ maximum for any one machine. 4. The two western buildings, be limited to a 40 HP maximum for any one machine. 5. No attachment of additional equipment such as special equipment, cranes, lifts, etc., to outside walls or roof will be permitted. A recommendation of approval is given for the final development plan with the following conditions: Planning Division Staff Report Page 13 Case No. WZ-97-5/Pacifica 1. If the variance is approved, the plan be revised accordingly. 2. No other freestanding signs be allowed on the property. In regard to the request for variance, Staff has concluded that approval of the reduced request would not prove a hazazd to the public health, safety and welfare, nor would it have a negative impact on property values. Because the proposed location is more aesthetically pleasing than other locations meeting setbacks, a recommendation of Approval is given with the following conditions: 1. A building permit be applied for and issued prior to the existing sign being moved. 2. No other freestanding signs be allowed on the property. X. MOTIONS OUTLINE DEVELOPMENT PLAN Option A: "I move that Council Bill No. , a request for approval of rezoning from Commercial- One to Planned Commercial Development and for approval of an outline development plan for properly located at 9500 West 49th Avenue, be approved for the following reasons: 1. A rezoning is required to expand allowed uses. 2. There are some light industrial uses which aze appropriate for the area if performance standards are used. 3. All requirements for a PCD outline development plan have been met. With the following conditions 1. Semi-trucks and trailers be allowed on the property for pickup and deliveries only. 2. No shift work be allowed between the hours of 10:00 p.m. and 6:00 a.m.. 3. The two most eastern buildings be limited to a 35 I3P maximum for any machine. 4. The two western buildings be limited to a 40 HP maximum for any one machine. 5. No attachment of additional equipment such as special equipment, cranes, lifts, etc., to outside walls or roof will be permitted. Option B: "I move that Council Bill No. , a request for approval of rezoning from Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 9500 West 49th Avenue, be Denied for the following reasons: 1. 2. Option A: "I move that the request for approval of a final development plan for property located at Planning Division Staff Report Case No. WZ-97-5/Pacifica 9500 West 49th Avenue, be approved for the following reasons: 1. All maximum requirements of the zoning code have been met. . 2. All requirements for a PCD final development plan have been met. With the following conditions: 1. If the variance is approved, the plan be revised accordingly. 2. No other freestanding signs be allowed on the property." Page 14 Option B: "I move that the request for approval of a final development plan for property located at 9500 West 49th Avenue, be denied for the following reasons: 1. 2. " Option A: "I move that the request for afive-foot sign setback variance for property located at 9500 West 49th Avenue be approved for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not have a negative impact on property values or the public welfare. 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks. With the following conditions 1. A building permit be applied for and issued prior to the existing sign being moved. 2. No other freestanding signs be allowed on the property." Option B: "I move that the request for afive-foot sign setback variance for property located at 9500 West 49th Avenue be Denied for the following reasons: ~. 1. 2. " ~t~Vr'~C.=. ~ 1 __ ~ __~- -.ten ' __- _ _ . _ - ___ ~ . _ .._. ~ ..: ~. -. - N ~ F F N h J f - ~+ ~ o - ~ - ~Si 36TR-:~~ ~•~ . _ _ _ "_._ i ~ ~ $l S r y~yt ~-3 l mil-~.1: AI2YADA " ~ 1°. ' 1 f" ~SeOOO EG ~ ~ F6E e~txs:N uAA~ I r~A raxo raps w~ ~[onsx:: we xc+a. R It~fPEt'ffJEI+C PGD ~GD = - ,~,~I~55 / ~. ,/ PARK .. - ~RD~ ,~1..~ ~ ~w M _... ~+ 3000 ` KIP Iv 5000 I` . a.~ -~~Jr ,~T ~ ~ D , ,,, ; ~,R~ CN~UMS • = K a~nr cr { BUS . 55 PAi2 / [~ I w ~ } ~ L. I II w f 71 ~ E I = x 11M AK "~ ! rr e«.3,3 x Q °Ew~ s Ih1D EPENDEHGE ~ ~{~D Af~DITION ra•*-w I;.. ['. e~sa~ _ r ~~+~ . ~ G ~ su r ~ • •w ~ - i _ R . ~ r ~ "'M6CSTATC ~ If3T 170 RtpRF6G RD OpRTN I ---- CeSE µo• ~ S w I J . OFFIGIf~L ~ AREA REpURING SITE P11J1 npPROVAL ~ . ZON1 N6 M~~' __ zOI~ p15TRIGT eouroRY 1~lHEr°~T RI D6~ - ~ ~ „ ~ , ~ , , I•~ GOLOR~DO =-:=~ ~~T ~~ ., _ whr~ ~AT>JRE ~ MAP ADOPTED Inc I5, I944 ~~ ~,TIPLE ADDRESSES l.oit Rcwiarr ScptcmtxT 20, 199b I D~hRiFBR CF H1NR6 F10 OEY6AFH3Q -795-~ L:\OAAHINGS\PLANNING\OS\SN15 !//' , , _ ` ~ ~ ~°~ ,, ~c~~ ~ase~• w ~ -q ~ - S ESN ~F3t T ~A ~ ~~ `"/"_ ~ ~ ~~ ~ _ /A~~~/~~~w ~2~~~,~~ ~~ ~ ~ ~-,~- ~ ~, ~ ~ ~ ~~~ ~ r ~~ ,~~~ ~~ ~- ~~~ ~- r ~~ V (~ ~ i~~1~~~~ ~L~%r~='~ / ~ 4' l ~~ y~,fv Ins. `f 9 ~~. ~o p33 W~~/ "~ / ~ c~„~,~,~,,.~: Busch Silas and Graphics, Inc. X43& No. we -q? - 1; EzHiQ 17- t 8 ' 6108 S. Pierson Court - I -Neton. CO 80127 Phone 303972 -3016 - Fax 303972 -9165 / Pager 303510 -1899 25 Years of Sign Industry Experience April 03, 1997 TO: Merideth Rekert City of Wheat Ridge 7500 W. 20th Ave. Wheatridge, CO 80215 FROM: Chriss Rusch Re: 70 West Business Park Monument Sign We are pleased to furnish you with the following additional information pertinent to the Monument Sign: FREESTANDING SIGN ALLOWANCE PER CODE FOR MULT USE C-1 ZONE FOR BUSINESS' LOCATED ADJACENT TO I -70. • Maximum sign height - 50' • Maximum sign size- 600 S.F. PROPOSED FREESTANDING SIGN. ♦ Sign height - 24' -11" ♦ Sign size- 260 S.F. Typical Business signage located in the same vicinity adjacent to I -70: BUSINESS SIGN HEIGHT SIGN SETBACK FROM P/L American Motel 30' 7' Amoco 40'/30' 15' Brunswick Bowl 40' 0' Conoco 50' 15' Furrs 40' 20' Holiday Inn 35' 10' JW Brewer 50' 15' Kettlesen 50' 10' Lutheran 25' 5' Medved 40'/30'/30' 18'/12'/12' Morgan 50' is 70 W. Exec. Center 25' 15' Texaco 40'/30' 8'/5' The (13) business' located in the vicinity have for the most part higher signs with a similar setback to that of which we are requesting. Please review the attached photos and sign drawing. Note the quality of the sign design and components. We have carefully designed the proposed sign to conform to the building architecture; creating continuity in the Business Center. We feel this enhances the image and quality of the Business Center as well as the neighborhood. We feel the proposed sign placement is the most accommodating location. A 10' setback would put the sign in the parking lot. Locating the sign near the building would be detrimental to the integrity of the Business Center. The sign visibility would be virtually eliminated , both to interstate and local traffic. We appreciate your time and consideration in our request. a'6' 11 IT Iv 04 TTTI F PA `Ft S - TWO SINGI F F GED RI . 'S - .050 ALUMINUM CABINET - PAINT TEAL BLUE PER ROOF TOP SAMPLE - 1B' ALUMINUM FACE PAINT TEAL GREEN - ROUT COPY AND BACK NTTH WHITE PLE)( - T- 12ILLUMMJA710N - U.L. SPECIFICATIONS - ZTT VOLT WIRING - 3 AMPS - CONCEALED FASTENERS 10'0' STRUCTURE (VERIFY) i 6'0' TENANT PANEL (VERIFY) 1 fCENTER TO CENTER FEED • mi • '+ =• 8' TITLE CABINETS L ^-L I- -I I---I 1'2 -10 +/- TENANT PANEL i 10-12' STRUCTURE 14'B' TRLE CABINET MADTH (VERIFY) f---I Additional uses we would like to add under a PCD 1. A buiiding contractor's service shop and stock areas incidental to an officer'showz~oom principal use. This would include carpenters, painters, roofers, electricians, plumbers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the business, but, however, do have vehicles, tools, light machinery and suppLes used in the bu~iress stored upon the premises. and where some custom work may occur upon the premises. All outside 2reas shall be screened fi~om view from a ajac:nt properties and ;greets by a six-_`oot opaque -,.all or f uce. Starling of materials and supplies shall not exceed the height of the fence. Additionally, for uses which involve custom work and/or fabrication upon the premises, no single machine shall exceed ten (i0) horsepower and provided that no excessive noise, ~--ibration, dust, emission of heat, glare, radiation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment of rise of adjacent proper pies. 2. Manufacturing and/or light industrial operations, where operation of any one (1) machine does not exceed ten (10) horsepower. However, we would like to reserve the rights to increase horsepower provided the equipment (motor) does not exceed acceptable decible levels. ;. Levels for custom work or for making articles, materials or commodities to be sold at retail on the premises, and where no single machine exceeds ten (10) horsepower; and provided, that no excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties, subject to outside storage provisions set forth in subsection (C)(3) hereof. 4. Wholesale businesses 5. Manufacturing, processing, warehousing or a combination thereof of the following: a. Insn-uments of professional, scientific, photographic, optical and other similar uses. b. Electrical machinery, equipment and supplies 6. Printing, engraving and other related reproduction processes. 7. Research laboratories, offices and other facilities for research, both basic and applied, conducted by or for any individual, organization or concern, whether public or private. 8. Warehousing with light vehicular traffic. 9. Schools for industrial or business training. 10. Retail and wholesai_e sales of eouipment, supplies and materials designed especially for use in agriculture, mining, industry, business, transportation, building and other construction excluding the storage and warehousing of large heavy wheeled or track equipment. e:'R.~ci'.JOCS k.nd:Jl'zoring.AOc ~~ j • 1. Adult entertainment establishments when in accordance with Wheat Ridge Code of Laws, Chapter 3. 2. Automobile and light-duty truck sales and rental. 3. Auto service and repair shops, including muffier shops, auto and light duty truck fueling stations, tune-up shops, engine repair, transmission repair, alignment services, car washes, upholstery shops, radiator repair shops and lubrication services. 4. Hotels, motels or bed and breakfast homes for transient occupancy. There shall be one thousand (1,000) square feet of gross lot area for each unit. 5. Mortuaries and crematories 6. Motor fueling stations 7. Drive-in Restaurants 8. Rooming and boarding houses 9. Lumber Yards 10. Pawn Shops 11. Taverns, night clubs and bars 12. Theatres (excluding drive-ins) g:\dataldoaUCa~dall\zow~¢.doc L~'AL DR i PT 1 C~N~ PAC/F/CA DEVELOPMENT PROPENT/ES LLC caMMENaNG AT TWE NaRTWEAST CORNER aF THE sW L~~~, QF TwE . ~ ~ S _ _ . _ _ _ _ _ E 1i4 OF THE SW li4 OF SECTION IS T3S, R69W, aF Ti~dE 6T~~! P,M., U1 $ 1l~l~dU~ PLANNED COMMERC/AL DEVELOPMENT 96-3966-E > ' ' 2" E AL. NG TWE EA 7 LINE OF SAID 5VJ i~'4, OF ~ THENCE S aa°C33 2 a S 1'NE SE 1i4, OF THE S'W ii4 aF SECTION 15, A DISTANCE OF 3a,a0 ~ FEET Ta THE RIGHT-aF-WA'Y OF tNEST 49TH AVENUE, AS SNaWN ON ~ ~ ~ ' . ~ ~ ' ~T;V"~ F~~ICE PARK ~ ~~E R;~CORDED PLAT OF INDEPEi~D_NCE ~XEC~; ~ O OUTL/NE DEVELOPMENT PLAN AND AL.Sa BEING ?HE POINT OF BEGINNING, THENCE CO"yTENUNG S ~ ~ ~ 00~032~ t A~OW~.~A,D EASE L:NE, A Di,~TANC~ O. ~~9,6~ ~ O ~t ~ THE NORTHERLY RIGW~"-OF~ V~'AY LINE OF NTERSTAT~M %'U AS ~ ~ THE RECC~RO~ RECORDED iN BOOK X540, AT PAG 44 ~ ~ ~ ~iE~FERSON COUNTY, THENCE N E3i°4113' ~J ALONG SAID N'OR~~t~IERLY ~ ~ I RIG'~T-a?= WAY LINE 1=aR INTERSTATE ~'C A D(sTN'~ICE Qr~° ba5,{~,~ . 52ND ~Q~h~~ - "~=EET TO TWE EASTERLY RiGWT-OF-WAY ! fNE OF'NDEPENDENCE STRc~ET AS SNO`tJN ON THE RECORDED P! AT OF INDEPENDENCE MXECuTIVE OFFICE PARK, THENCE ALONG SAID EASTERLY R(G~iT°OF-WAY LINE T4-1E r=OLLOWING 3 CaURSEs~ W A DISTANCE OF 45 FEET', I ° N45O~., 2. N OO~OZ'Si° ,W A DISTANCE OF 398J2 FEET, ~ 3. N 44°57'a9" E A DISTANCE OF 14.lO FEET TO A PCNT ON THE 7~ SOUTH R1GWT-OF-UVAY OF VEST 49TH AVENUE, TE-~^JCE N 89-4?'3J" ~~N'~~~ _ ~ ~ w E ALONG SAID SOUTH RIGN C -OF WAY ~.1NE A D!STA{^JGE OF 620.36 ~ EE . TO . HE PO11vT OF BEGINNING, CON i AiNING .~O..,bO a FEET OR b.969' l~,CRES MORE OR LESS. °'~RMIT~EC~ BSc NOR~'9~ ALL USES ALLOWED UNI OF T~ FaL~oW,NG us€ ADULT ENTERTAINMEN WHEAT RIDGE CODE OP 2. AUTOMOBILE AND LiG S A_1T0 ;aERViCE AND ~ SNAPS, AUTO AND LiGN Ti,a'NE-IrJP SHOPS ENGINE ALIGNMENT SERVICES C i RADIATOR REPA.iR. sNaz i r i I 1 p HQT~LS MOTELS, aR u Q TRANSIENT CCCUPANCI z ~ (3 1 I i ~ , MOR ~ UARIES AND CR ~ ra i I Z~~~~: ~-C 1 yc7NEG: A-i o. MOTOR ?°UE~ I"vG T A- ? DRIVE-IN RES tAURAN" ~ a~ ~a' -~-o~u; a~ SuawN aw JuGHEi~ a ~3. RCaf~91NG AND BOARC C~,gf~EN ~'LAC~. Baa!C 2, ~ s LUMBER Y A.RDS, AGGS~ ri ~'~'N. IC7. PAWN SHOPS. i .~Ci 9 89°35'23" Ui b2m.3~' %i, TA.`JERNS, NIG'~~T (aUB Q~ ,~ry w~..w.®®d...+rr..w. :w.sw.aerw.®♦ r.eo ow rs..o~:. tee. tea. ~ ~3~36' 12. TNEA"rERz. tiA a i ~ 1 I I~, Waco ~JORK,N~ B"~ 1 I I I I I I LJ IG° ~;?tL(?Y EA5EMENT i f ~ A ?'j ~I` PAIiNC°x 1 PAt~cINCx aLAi-. PERM~..:._TT~ 65, E~ ~,YP~ , 1 AND i ~ D~RI~3 ~ D}21VE8 1 ;I NO ADDITIONAL PERMi ~ - ~ ~ 1 r ~ '°'1 aC,~UR BETWEEN THE 1 al I I i 1 I Q i i I ~ I, RESEARCH LABORATO ( A~,I~~T(ES . aR R~SEAR i I I ~ CONDUCTED BY OR FOR 1..... r- ~ CONCERN, U~~TNET!-dER PUE i 1 1 1 i~ ~ 1 ~ I I p 2. RETAIL AND WH'aLESA i ~ ( Q Q AND MATERIALS DESIGN I w ~ ~ AGRICULTURE, MINING, 1~ u 1 Alin ~ ~ ~ ~ TRANSPC7RTATION, BUILC u 1 I ~ T , i ~ ~1~ _ ~ ~ ~ EXCLUDING ~ NE UTORAC~ i 1 I u. ~ HEAVY-X11-~f~LED OR TRH I m ~ d ~ i ~ ~ ~ ~ 3. SCHOOLS FOR IND T ~ ( i~ w ~ US 1 I 31,JI1.DlIVG PAD i~, F3UI~D11dCs PAD 1 iD~ ~ iAe ~...Q,.PRINTING, ENGRAVING, I REPRODUCTION PROOFS 1 'SI I 1 1 ~ ~ m 5. WNaLESALE BUSINES; 1 ~ I i it 1 i~~a~ I ~ Q ~ ~ 6, MANUFACTURING, PRC ' I ~ ~ ~ COMBINATION THEREOF 1 Q i qua ( ~ !L N i 1 A, INSTRUMENfiS aF PI 1 I Y PNO ~ OGRAPNIC, aPTICA I N "-.1 i i I I I ~ ~ 4 I I I ~ 8, ELECTRICAL MACMP 1 ml ~ I I I I a~ - 1 ~ ~ ~ 0 ! C. LIGHT WDlJSTRIA.i.. C U ~ ~.i.~. I ANY aNE MACHINE DOE4 Q HORSEPOWER ;F RTY ua ~ i 1 O i - ! ~ I AND 'D'7 PR V 1'>,~ T i PAi~ICii~Cx AND ~ a IDED . A: u 1 AGCE55 ~ $ 8°'3523 W I D T EMI ~ C P~~? ~wc s-.w~wwew mfr ~r~ a-~+e a~-w~w*aw-w ~s t~~ ~ asw~w ~ ~►.ss~~ar a~~~ r"'_~_,-~.. U~ , tlsl ©rN aF HLA A4638 ~ i DRIVEB I ~ FUMES ARE PRaDUCED Cl Q rj ~ c~ ~ ~ ~ ~ DANGEROUS HA.ZARDOiJ y..a, 1 cv 5 89'35'23° l'J ( c~v p u~ L1 i ~ ~ ~ ~ REASaNABLE EN~IOYMEh ~1 3¢z' wa?Er~ ~,alr~ ~ i f5 i I PROPERTIES, NORSEPOV ~ ~ I ~r~c~6-EGRE95 _ PARKINCs AND , " i ~ PROVIDED NOISE DUST ' _ N ~ .m 1 ' BASEMEN' - . EA5~1'°!EV i ~ _ _ _ ~ ~I i ~ DRi~/E$ ~ ~5, PCa. 16 I I z RESTRIC1~lONS ARE MET I I j APPROVED ON A CASE-E 1 I i ! I25 c~o55 AGCESS~ WHEAT RIDGE DEPARTME i_._~ ~NGF2E85-EtsRE53 I DEVELaPrLdENT STAFF. I I r ~ ~ ~~~E~,~N? i 1 I I i ~ 7. WAREHOUSING WITH I 1 I I I i L ~ 1 I I t ( ~ i OMITTED c I i I ~ (i- I I I r 1~ 1 9. SHOPS FOR C'LSTOM V ~ 1 " I I i ( MATERIALS, aR COMMOC o i ~ I I I THE PREMISES, AND 'J~-IE I I TrlIR'tY-FIVE (35) HORSE rn i 1 AT BUfLDINGS `C' AND 'D7 i ~IILDIt~Its PAD I rni I ~ , 1 _.J i EXCESSIVE NaIS~, JI13RA 1 'G' I ~ ~ I ~ GLARE, RADIATION, SMak r _ ~ I ix I BUILDINCs PAD THE EXTENT THAT iT iS C NUISANCE TO THE REASt vi 1 I ~iw I ADJACENT PROPERTIES, cn ( ~ rni~` ~ m I ~ I i NVOLVE CUSTOM WORK I N i PREMISES, Na SINGLE M~ ~ , NQRSEPOWER, PRaViDEC ~ ~ irl VIBRATION, DUST, EMISSI~ b., I -!1 ~ ` ~ I SMOKE; aR FUMES ARE F ~ ~ ~ 1 _ , r IS DANGEROUS, NA~ARD( 5 ~ t ~ _ _ PARK I R A '~p;~s,, J AND .m, E SONABLE ENJOYMEN ~ ~ ~ o~ ~¢s' -R-o-w ~ DR9vE8 1 1 PROPERTIES. HORSEPaV ~ `-L•. ~ 1 r ° PROVIDED NOISE, DU 7 ti r- AS SHUWh+ CJt~i JUGNEM'S +~rrr,w,. ,~,,,.,,,.b, ~ / "w S , GARDEri ~LAGE. ""*r*..,, it ExS?INt~. }2'-~, 2 -6" I RESTRICTIONS ARE MET ~ 3 800K 2, PACsE 3 + t 25' GRa55 laGGE5511 i.., ~ APPROVED aN A CASE-E ~ 1 INGt~59 - EGRE58 I----- WNEA.T RIDGE DEPARTME r~ E S E A ~ r ~ ; DEVELaPMENT S ~ AFF. ~ ""~r~ ~ w o ! ~ 8; i , PAw~ci►~ AND _ t , EXISTING ? FRONTAGE ROAD. E" 2>3' `®"r+r,r» jEFFEQSON _COUN;T CLE < AND QCORDER a '"~~r. • r t~ T4 CD rn °''~r r r NOTES: DERUTY - ca 80OK tq~~ C 4, r` 7-4 8qO PC E -74 ADGESS w"`"►°"°'~"'~o. ® POINT s • MAXIMUM FLOOR AREA RATIO 70 NORTH ZONED A-r ~ANDSCA a A - NOT TO EXCEED 35% COVERAGE s - PAD H • MAXIMUM BUILDING HEIGHT! d a S'l T E P L A N - 24' (3O' FOR ARCHITECTURAL. FEATURES) • MINIMUM LANDSCAPE COVERAGE cn NOT LESS THAN 151 1 • X0.0 H D P~ MINIMUM PERIMETER SETBACKS' d cr - 5O' FROM RIGHT OF lVVAY - - ANT 1 fl I 5` FRAM AC}UA.CENT PRQPERTY _INES _ _ _.j a 8 L~~4L DE ~R I PTI C~N~ r~. ~ COMMENCING AT THE NORTNfmAST CORNER OF THE ;aW I14; OF TuE _ _ _ _ _ il4 ~ THE Sid I,'4 OF SECTION ' ~ 3S, R69'IJJ. OF ~.HF 6TH P.A-1., l~ SE O °''22° E ALONG T'~ EAST ~.fNE 0;" SAICJ uW 1i4, OF ~ HENCE S OO-O,~ , `~I TANC;~ OF 3O O0 r, ' ?'NE SE i14, Or' ~>-+E ,~W i/4 Or~ ;~EC~.ON 15 A ~ ~ ~ ` a' ~ FEET ?0 THE RIGHT-OF~=WAY OF WEST ~ N AVENUE, AJ; ;NOWN ON i!I . ~ P' T INDEPENDENCE EkEOuT~'VE r:~ 'r" P.ARk. ~ ` T ~IE RECORDED L.A O . - ,;dy~ ~ „ AF AND ALSO BEING T=IE?pl'VT 0~ F3EOif~~+i`~G, ~W~f~~E C.~7' "~~(JIN~ S - _ . = ~ ~ ~I 00~03'?t" E ALONG SAID EAST LINE, A D,ST4NCE OF= _ 2, ~w2 FEET 7O ~ ~ ~ ~ ~ y , L _ . ~"NE NOQT!-4ERlY RIONT_C"E WAY i,iNi~ OE i~; ERA; A ' ~ w.~. ~ RECORDED IN BOOK 1540, AT PAGE 744 OF TNrr REt ~ OF ; = - ~ u - ~ ~ I -r ~ HER' J.~FF~RSON 0 _ _ ~,N Y, TNE'~0~ N 81~41~i3 T! ALONG r '7R ~ ~Y l)~, 2t~1~ ANLI~ r RIGHT-O~-°W,~~Y LINE FOR INT~R,~ ATE :O Di. ANC. 605.0'3 " ~ r r,...~ ~ L..~r r_~ 1 FEET TO THE EASTERLY RIGHT°~OF-WAY LINE OF iNC~ ~ _ >aGE - ~ STREET AS S~lO°~>t1V ON , WE RECORDED PLAT OF iND2 _ ~a(°;E EXECUT VE OF!~EC,E PARS., THENCE ALONG SA':D EA .T _ p r, § ' Y ~ IN T'NE F LL WING 3 ~OURSE:~ ~ RIGN1'-OF W1a L E O O ' I. N ~5-02°5!° W A DISTANCE of a5 FEET, ~ ~ ~ ~ '~I" A I TANCE 95,12 FEET 2. N OO 02., W D S OF 3 ~ ...,G,,~:~-C,~, ' r "~w,..,~,~ 3. N 44.5709" E A DISTANCE OF i4.lO FEET TO A POiN'1. ON THE e%'~)v SOUTH R(GNT-OF-WAY OF WEST 49TH AVENUE, Ti-IEiVOE N 89~4`T30" ~ ~ ~ ~ E ALONG SAID SOUTH RIGHT-OF-'WAY LIB A DISTANCE OF 62036 -r FEET TO THE FONT OF BEGINN'lNG. CONTAINING 303,00! SQUARE z-'ER~'~91TTi~ FEET OR 6.9697 ACRES MORE OR LESS. ~f OF ~~NE ~"O ..OW'~~dC ~JS ~ti( ~ ~ I. AJ Ei_T EN"~ERT.GIN~1E~ Nl-~FL ~ IDG~ C,CDE Cf ` ` ~s U A.TOPv9OBl E FEND L Il ' ~ SHOPS: AU 'C Gi- ~,~Y' f>, TJNE-uP ~NOP, , uNGINi ~r ~ ALcNM~NT ~ ~R,~!CEs, ~ RADIATCJR RE~A`R Sh'0 ' ~ ~ R~r,~„ r~ a : ~ Q t 1 ~ w.~: I ~G~S~: , Y,h ~ ~ a 4. HOTELS, ~9C),EL;7, C)R 0 N TRANSIENI° +CCC'a.iPA,'ti~C 'r w. +wr...®„ ®®w.~r..®,.~,.~~ rr ..r rr rr r~ r® r~ ®w w. r~ ~r ~r rr 5. MCJRT'~.JA~?~E rtiL~ i;~ ,ti 4 vF ~f2-v~W A5 S~aCRv ©N JUGN~?'~~6 ~E) TAE T~ CAIN. 6. ~1OTOR F.JE~ iNG ~;~~A Ca~RDEN FLACM. ~ _ r'"-_ ~C7GK, i; ~A~xE 3 _ , DRi~1E-'N r~~STAi.I~',~I~;~ E `-a~ ~ AGGE6~ ~ ~~`..T'•~...JI FG!NT S. ROO~'~1ING a-;Ru BO ARi a~` ti ~ w~ _ r •.ww ~ +4~uAWO®• wsaAww+wrrtir ®aamrwew++rwwwsa~~ei.rmmmwsm r• • rw .6,~_. ___.®w- •`s +owwArr.a wmwr®ro aew ~ ~ ,ry,:, 436.36 _ _ f I84~1~` Iv. , AWN S~~IGw . ~ 1 ! f I s I I i~~i ( I( i I I i ~ i i i ~.~~A~ EL TAV 2 I ~ ~ ! ' f ~ ~ ( i ~ ~ N,!, v'Gr~l T C4fJ 1 ~ r I ~ I F= I I ~ I_N„E AT I I I r I i i i I I i ii ^ I 1 ! ~ ~ ! I 'I I ! i ~ ( 7 ~ ~ I i ~ r I tW~lrtil~l"~„ 7 12..NEP, R,. „ y * „ ~ UTiLITT EA&EM~ ` ( I - 65, h'C~,16 ~7YP , , i ~ ",1--~ A9PNAl.7 p'ARICINC: ' ABf~NALT >~A4e^~lNCa (3. v"JOOD WORkIN ` .1 ~ ~ Or AN® a~'~EV~a - AI's tat~lvE~ i Q rr~-~. - i , I ~t I~ E i i ~ i i ( r ~ I I `.7 i i ~ I i I, t ~ i I rr-..,...~ ~i 1 t~ i i _ ~q _ a. i i ~ ` ~ t I I ~ ' ~ ~ ~ 1 ~ I ( 1 ~ ~ ~ a ~ i I II AJDI ~ IONA` F'ED'. T ' ~O I ( ~ i i I j~ i I ( I i~ ~ w q,; ( I i 1 i i i ~ I I a ~ ~ I i ~ : ~ i__. ~ ~L_ _ L_._1~_~_~ - L _.1..-~i LJ ~~.C_._~_L_3_._ l._-~~!. L_-_1_._:__J__.~ i i ' ~ _ ~._.j_.! _.~l ~ NO ADD!T"IONAL PE ~L _ - x ~ ] 't . ~ _LL..._.___ , OCCUR BF, ' EEti TNT. _ _ ..__.._.1 _ M ~ - f ~ ~ fl S AR=w. ~ABORA~"C ~ I I i C1 FACILaTI~S FOR ~~SEA~ g ~ ~ ~ CONDUCTED B? UR F ~ ~ y. ~ 0 - E ~ CONOERN, W~-?E:,-aER Pt. f flilJh A ~ ~ / ❑❑fa❑C]'lfa C.❑rlu ❑0'~ QG❑❑(.~.. ~ .y -i ~ r r r 'z i t r r r - ,i ~ . (P QtP - "J --7t7❑❑Q ❑G~~'3❑❑❑❑❑❑Q❑ .,CIi.'Gt,CC,. C❑ C7~❑G C] 1JLt]❑u C. c:!❑;. f. ]G❑CTJ❑ C [a ~~G. ~ ❑(..GC7uLEi]i7 I t ~7 C1r;+7C!Gf]❑ I7❑J. ~ '7 ~ ~ I ~ Cl C1~Ci - ~1t1~ i❑f]C7C,❑G❑L7Ci7C7 if~[iC~Q~']Li t ~ ~ , . ❑~u ~ ❑~c ❑ SIN n t❑p❑ o ~ z~ ~ RETAIu Aiv~., JVr~d01_~`a~ 1 ~ ~ ~ I ~ ~ ~ ' ~ ~ ~ ~ C1 A"ND MA.TER'A.L;=~ DESIGN, r , ~ ❑ m t- -ifs ❑ ' ~ i. z AGRlC'~~Ll'UR~, MININC_ iP d! ~ ~ o ~ r~a i RANSPOR A ICI. d. BJ.3u>» ~ i I { IN n - ~ ~ i 5~ ( ~ EXCLUDING rQRA~ C~ XI n I ~ `.d ~-!EA 1 ~ ~d~lE4 LE;w; OR TR. I ~rR ~ _ ~ ~ 3. SCNOOWS . OR INDwaS ~ Q Q ~ I ~i 4. PRINTING, ENGRAVING, ----.j ~ REPRODUCTION P ROCE~ ~ if ❑ n h 7 ~ ( I 5: WNOi.ESALE BU~`L ~-c'c E f ❑ ~ ~ ~ N!❑~~ ~ s~ Illl ~ ~ ~ ,Q ~ ~ _ ~ 6, MA. ~ FA ~ ~ ~ p tl1 ~ NU C URIEJG: ~ RC ~ , ~ ~ ~ ~ ~ I 7 ~ I , , I ~ ~ i i I ! I ~ ~ ~,O+UE3INA , )ON m, ,._,REO~ - ~ I ~ i I ~ i ~ ! i ~ ~ D E r`' i I ~ . I I i ~ u tJPtC T T z , . f~iC I t ~ ~ I a r I~ i A.I. T i ~ ~ N,~ RtJh~S~N. r ~ i i O tr, ~ i ! i ! PAi?K ~'AI? ~ ; l I I ~ 4 I I AI~lCIl~x pAD' i' ~ u ra PNOTOGRAP!~;a0, OPT1Cl~ ~ ~ ~ ,7~G~ ~ I ~ ~ f su ~ ~ ~ ~ ! i ( i i 1 ~ I - x r. I ~ , E i i ' , , c~, ELECTR;AL MAC+-all r_~ ) U 1 P©(N1 ~ -•r• ~ I C. uG{-;r INDU2aTRfAL C ~1 's 446.36' ~ L ~ ~ , ! C ANY ONE MACE-i ~'~E DOES m ~ _ ,t. k_ _ ~ ~ _ r ~ =j HORSEPOWER, (FORTY ~1 _ ~ ~ t» ! 4 y M ~ AND 'D'), ROVIDED ~ NAT g, ~ R i 1 ~ ~ ~ 3 99"35'23'' lL ~ ~V~ { i ww ®®aa~•warwsm®• tit N " z ~ ~'o° , E ! ~25' GRO3°a AGGE88~ r 4 ~w ~ DU ?EMI I F , 0 ~ ~ I x~~ss-~c~~s 3~ ~AT~~ MA v ! i ~ I a TRA9+~ ; e S ~ , SS Olv 0 faEA _-_._.__n e. Er,IGi.~~;~ ~ p rUMES ARE PRODUCED - ~ E a_ A9F'b#ALT PARIC1NCa ~ 15 r~ . ~ ~_TRABH ~ ~lD ORIYEB ire 65 F` ~ A~~'F4ALT i~ARIC1NCa ~ ~ DANGEROUS, NAZARDOU ENGLD U~ ~ ~ ~ ~ ; _ REASONABLE EN.iOY MEX f G)RIV'~~ PR P ~ f,,__.__-__, y___.~ O ER.,ES. NORSEPOU 25 0~5 AGG 5.,. ~ ~ ~ >t~ t ,,H . . - ~ : ' T__-~_ ~ ~ ~ ~ ~ ~ ` ~ ~ ;W~~~Y ! f ~ PROVIDED NoIsE, ous r, ~ ! ~ a I I i ~ ~ I i~ ~ ~r a T i ^r'' ~ ~ ~ ~ ~ ~ i I f ~ ~ ' ~A5 r~ ~ ~ RES ~ R(CT IONS ARE ME, ?L- _ I i - I~' I ~ i - ~ ~ , ~ - - ~ ~ I i ! i i ~ i ~ i ~ ~ I ! ! I ~ APPRO~JED ON A CASE-~ i I ~ ! - I I I ~ ~ I ~ ~ u_. ! ; f ~ JVNEAT RIDGE DEl❑AR T ME ! r;. ~ ~ ~ ~ ~ i I ~ ~ i _ DEVELOPMEtvT STAFF. ~ - ~ o ° ❑ WAREHOUSING WITH LI ~ ~ n ❑ ~ ~ ❑ ~ - ~ ~ 6, OMITTED ro a c u G ❑ N~ 4 0 to ❑ ❑ i ❑t ❑oono❑❑o __.._T ° _ ___~I. ❑ 9. SHOPS FOR CJ;3TOM V n ~ o❑ ~ I~~ i 1 ~t,r~ G 1 w~ ❑ ~ i 1' ~❑ut!❑❑❑n❑❑❑oo❑❑❑onc_,~❑❑❑c❑❑r~oao>-~(❑noo❑❑- p ~ ~'i ~ ~ MATERIALS, OR COMMOC 'o l p M THE PREMISES, AND '~/V'rIE.. ~ G ~ ~ } I ❑ ❑ ~ t_ VE 35 I-GORSE. - u a u THIRTY-Fl i ) ~ ~ ❑ r] N ~ ~ AT BUILDINGS 'C' A. ' " ND ) D ~ 1 ~ ~A~~ ~G ❑(,~G ~Ck ~t~~ ❑ (ta ~ 1 ❑ ~ ~a~ EXCESSI JE NOISE, VIBRA ~y: ~ o❑❑❑or]❑❑o❑c❑~I❑:~❑t~nuoonna❑❑❑r!]~~~;7❑~u~„t!Gn❑❑c ❑]r]❑rP nrl~' ~ ~ Q t~ _ ❑ M GLARE, RADiAI ION k Q ,HMO _ ~ r , ~ 1 ~~❑r1~n»~~r~t,~~~❑❑❑~~° ,alb o{~~ THE EXTEN7 THAT I E IS 0 ~ fi ~ _ .un~~~o(].,❑..:r~~❑rEOu~,c[.,.lr,c,~~,oc,-,c,❑ ~ ll~ ~ ~ Q I NUISANCE TO THE REASC _ ~ ~ ~ ___~_o'_. ADJACENT PROPERTIES, ~h s ~ r ~ Abp ~ ~ INVOLVE CUSTOM W RK i C) ( E ' E MCP _ - PREMISES: NO SINGLE M~ _ _ ~ I - S ~ ( i ~ ~ @r HORSEPOWER PR J~ o ~ i a _ O DED a 1( 1 I ~r`.r, 7 .T ~ ~ 60 -~_p-W ~G 1 I i ! I 1 I ~ ~ E.i ~ ~ ~~r-- , i ~ ~IiBRA ION, DUS EMISSI( ,a9 ;~+oulgv orv Jt1C~r1'3 ,ice ~ ( 1 I ~ _ ,,1 u u ~ 1 _ it+ ~ ~ ~ SMOKE, OR FUMES ARE F txARI~~N PL AGE. """"w w w,~~ ! ~ ~ i I ~ r ' _ 1'~, rw. ~ G ~ ~ti r ~ T- +o DAN EROU,>, hIAZARD ~ E a i - ~ o C - ~ f 1 ~ ~ X187 `v..-._. I r._ BoC~C z, t~~ 3 ~ i~°~ ~ a I I _ ~ i , REASONABLE ENJOY. m ~ + ~ i ~ ~ ~ ~ ~ 25` Gfct~a3 AC,G~68/ 32' 6 2 b" _ _ ~ I ! ~ ~ MEN _ ~ .,.,,r~ ( ~ ~ • 1 r ~ ~ i~~~~ _ E~rdE85 1-_.- _ _ ~ - i EI 17 _ PROPERTIES, HORSEPOV~ t . , _ i r ~ r E~ ~ 7 N~tti HI~f~ROVIDED ~ ~r ~ ~cr, ~ I ` , ~ ; r J i ~ ~ 1 t 2 RESTRICT)ONS ARE MET I , - w,..,,~,4 i ' i t , T pa ) 1 Nc AI,,A,PPROVED ON A CASE- r---- >v8t.~.~.,,~~ I 1 1 f~Clt~ ~ao~~~r,, T 2~~ ~ I l r DRI L~~ WNEA,"f RIDGE DEPAR I ME ~ ~xl5r, ~ ;a~TA~E ROAD, ~~6.m , , i f I I i ; _ D~ VELO MENT ~ AF i ~ 3 ~ ,i i ~ 7 r t •,~.,.w, - , r - ~ , . ~ ~ r , ~ i '  ~ ,ter ~ . ~P~,~,Ed N ° ~~_F=rt-R5C?v_COUNrTI' Cl c2K _:-N~_2~CJRQ)~R _ Bk.1li~CiNG r3 - 4U~ G~~~ ICE ~ ^~6G 5= - ~ „~.a = 32.8 ~PACEC _ Soo" 8qm, N TE~ 744 ACCESS - bG~ ~;'8 ~QO~.~ ~ ~,84I SF~ = it;.4 ~PACE`s _ _ TONED: A-! i ca ~~;ILDI'~G G - 4C1~ GF:~iCE "3~ ~ 58." B~~,C,~=,i Y _ _ _ 6C3`~ .CIS (20G~3 = +7,6C8 S~ ° 2~.3 SPA~CE~ t~E~~T~' - - _ ~~.Ih{~ING p - 2CJ`d di=EkCE = ~?>33I F ~ ill.; SPr-~.C~wS _ t NORTH a 8d~ ~,`S ~dG?~1 33,316 SE = 5~.5 SPACEB - M Sl T E P L A N TC?TA` ??~.C7 Bp~Cc~; H 42V -O" ~'AkKJNC PRdyIEEi~~ , - ~ r i~~.NCiCAP ACCESSI~~.Er 8 `PACES 3r~ND,~?D ;~''XI9? 2k36 BPACES 3?GCK. SPACES 3~ ;~PLaCE;; - l~~iC~l~1C~l E~~L ~g ~ i I p i ~i 7 ,lid ~ ~ P il~ ~ l~',~ ~/s~ r'"~G" ~'CO'~ "7 '1/"} A f '~'~e t d~~~ ~s-~ r ~drv , ~ ~ ~ ~r~ _ w"~ii~ ~ ,r tri _ _ v $ t; ~ - x ~ ~ r ~ - ~a ~ i r - i . ' ~ ~ ~ ~ .'[t ~ ~ is _ _ A aa. - r a ~ y ~A,.. ,i , r- - ~ ~ - ~ t ! ~ i ~ sJ ai ~ ~T, 3 , ~ }w~ ~ i 'v ~ i _ ~ ~t~~ ~r:c _ rr` z ` - v, ~ t i„~ ~ 'r d' n a r•- ~vW w iL 3~ w 3 . - Y.: .✓i. r. , _ .J. ry 1~ _ _ ~ f - I ° -t. 'y - ~ ~ Rt _ , . . 1 „ffi: -,v~>:,.. a..:~..,...:,,p Sd ~+~3~„',r~-4w„c4nr. az` rsatrvs,:rmr. 3;~- ~ t ^J.;ndru.S~u;,' - ,w , , e i n - ~ - a 2 . _.n _x . , ~ . s~ ~ ~ gyp, o~, i 1~~ ~ , ~ ~ ;~~m~.+ u ~ , ~ ~ ~ - ,y 7 - ~ r, i ! ~ 1 ~ a ~e ~il u~ ~ ~e~ . 1 1 ~ _ ~ _ ~ ~ i ft: [ r. ~ - ~ . _ _ °.U, t ~ ; i~ Yr. y , . \ ! t ~ - i 1 1 t• ~ ~ . ,r W ~ ' t ~ ~ ~ ~ . ~ ~ ~ P , . ~ ; , _ i _ ~ ~ i t ; A _ ~ P~_a r ~ „ _ t ~ ~ . _ @2 : i . - a _ ~.ti ~ - 4 - f I A1'§ k- - ~ ~ y~ ,¢a~~ ~ _ ~ ~ ..._.r._._ j a~'ti, - ~ ~ k ~ - ~ .4~ ~f - I.... - _ ~ e~. ~.d.W _ - a ~ y / `k w y, . j ~ ~ i G_. ' . ~ V t ~ V ~ F ~ tl ~ 1 t, ~ .5, ~-y. 1 ya p • .M ~ i ➢p. j -a ~~6 1 ~r . .t. e a, n~~,n. i - _ _ a. -r - .,,ji I _a _ t r t ~ ~ i 1 ~ ~ tT.. E if.,_,. _ , 'x sr - ~ , i ~ - ~ ~ ~ ~ _ i h, ma :i ~ , a i~° _ . ~ i 44 . . ~ ~ ~ k i ,ry a} __w. v, n I ~ e, ~ A' ~ ~ - J t , ~ ~ I i i'' fix:, _ . , , „ _ ~ ~ r ~.is ~ . _ ` e,.~ r ' ti ~ i z ~ s ~ s _ _ ~ ~ ~ w 'yo-. ' ~ , ~ ~ ; > .a , , i ~ m ~ _ _ - e ~ r* ~ ~ E it - ° ~ f> ~ r 8 t w a`~ R... l _ .._s,- ~ ~ - _ _ M~ > > . ~ x ~ _ra .4 ~ ~.A - .._Li. ~ w w Fq i r~,z., _ ~ s~ _ i ~r, i d: s{ ~ ~...a. . ~ ~ t' u ~ - i z > t~ i _ ~ E r ~ ~ , i . a.w Y ~ - _ r w a , - ~Pi, - _ ~ , _ F ~ i r ~r ~~vM W ~ . y y_ u~ - , 1 --a w.. ~ ° u, ~ u, ~,x, ~ - ,~rP" Y , r u. 4..~ ~ c ~ - - ._z, _ y + _ r 1 ~ i h ~ fn i w r `°^a+xra I ~ r _ r ; z - c ; f t ~T ~tatr. r. i • r r ~ ~ PUSSYWLLOW ti v q 5F w~ vi ry. V Al'.f a+~. A i X. LANCQCAPE E QI a, PAC/F/CA DEVELOPMENT PROPEf7T/ES LLC T WA' PANED - ~ ' INT 14 RCAF DR.AN D~'~R~LflW. I REINFQRGED ARGN{TECTURAL SATE GA6~ GQNGRET;~ ~.L ~a F 15 F'RE ~ER`~!GE ~:QNNEGTiQN. PLANNED COMMEi9C/AL DEVELOPMENT 96-3966-E 2 REINFCRGED Af~NITEGTaRAL GAST GCNGRETE W'Al..l.. PANE~.S - ~AiNT ~-2. T ~ i- ~ ~r ~ ; ~ it ~ I~ D~'~~~2i-f~.u1~ ~~?GK ~C7C)R~. 3 REiNFQRGED ARG~4ITEGTURAL aITE G,48T GCNGRETE RE ~ A~NiNG U~A~~ PANED - PAN ~ : -2. I'1 TRAN~C"" W;NDCW - u;/ WIRtm Cz~ ASS. ^ F/NAL^DEI~ELOPMENT PLAN 4 REINFQRGED ARGHITEGT~IRAL SITE GAST GONGRETE SGREEN WALL PANELv - PAINT ~-l. 1>3 REGE~~E'~+ i i~'"3NTi^~~* iN ~DFF{T CARD ~rEYflN'~. MEE E~.EGrRIG6.aL D~'~atl)INC"x",~. 5 CLEAR ANQDI~ED ALUMINUM STOREFRONT DQCRS !U/ I" ~QLAR ~zREE"~! IN;~liI..ATED GLA~aS. . ~ ~ r 19 ~U1~~,.,E QUN;ED L,C~+~„NCB F.7~~URE.arE Ei~~~'RtGAk~ DRAWiNC~S, b uLE~R ANODIZED ALUMINUM ~TQREFRONT W/ ; SOLAR .GREEN ~NSULA ~.D Ca~.,~~~. 2 METAL SERv'iCE STARS, a' WIDE x 5'rIIC~~4 iuiNDOW V.it SOLAR GREEN INSiiLATED ~LA55 'iN C~F,~~ A~vC7C"~ 7 ALUMINUM FRAME. 21 DQGK SEAiaS -ALT. ~iD - A~~3 8 METAL S!C~Ni~AND. 22 RE`S'EALS 9 GNAMFER 23 ~5' TRANSiT!ON !N >.~Ct;~NSPOUT. 1® RQQF BEYQND, 24 ~:~;RE OMMAND 1~QDr~'" S{CNACxE ~~;i FIRE DEPARTMENT APPRQVAL. STAND~NC SEAM META. ROOF. 25 ~CG!~ QX PER FARE G~.PARTMENT ~:F'P~Q'~AL. 11 12 EXPANSION ~Q!NT lU E~.ASTCMERiG SEALANT 26 !zE?NER~~OR ENC~OaURE '~ti; FOREGROUND. ~ 21 EXrE!'D DQIi~vSF'OuTS DCiiJN INTO SIDEUiALK Gi~iASE. 13 ROO DRAIN SGu. PER 1 3 2 4 1 19 9 19 I I9 ~ 19 11 1'I { 1 { t ~ T.Q, PANEL ` ~ ~ *.C. QQ I ~ 22 ~ - V ~ ~ _1 ~ EL. = 112'-~" I ( ' / _ 2 _ ~ I , ~ T.Q. DQQR FRAM , . . n _ _ 2 ~ ~ ~ ~ ~ I i ~ _ { __..M._ i ~f 4~.~_._.. ~ 25 FiN!SN FLOOR ~ 2 L - ~ ____.___..._....__..__,.7__:._.Y _1 L___J i____I l _ .I L.___._S ~_y ' ,..„_._1 i._.___7 12 lA/ II ~ Ils~ii 5 4 2 5 i ~ ' j i ~ E 19 ~ 22 1@ 19 ~ S i I~ ! 19 ! ~ `0 % T.O. PANEL i _ _ _ 1 u-r _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ ~ ~ ~ , ~ , ~ ~ B,Q. PANEL I E A F 2 7 7' i ,.0, C~LA~ENC~ i _ 1 1 ! ~ n - - i ~ EL. 1Q~'-S ~ 1 r - - ! _ t t i ~ - , - - F~NE+~ FLOOR 2 2 - _ ~ - - ~ ~ i~J _ _ EL. = {GHQ'-Q" ~ ~ r ~ j j ~ ~ r- .,---r-_..__.-~._,__ _ '-f ~ ' t___..J __.._a L.__.. l__ _1 ~ 12 6 24 2S 2~ 5 ' j i ~ 22 19 lm ~ 19 ~ ~ ` T.fl, ~ ANEL ~ ~ ~ ~ 1 ~ - 1 ~ ; ~ ~ ; c~ t 1 ~ ' i, 2 _ _ _ _r.__~ ' ~ 1 2 - T.O ~"x1mA~~NG ~ i ,1 _ _ w 1 13 ~ ~ EL. = lO8'~2~~ I ~ _ i ~i- ~ ~ a o~~ ~ n FIN!SN FLOQR 2 ~ ~ ~ i ~ ~ - - 2 _ _ - - EL. = IflQ'-Q I ~ r t~ 4 .r.~W.--n'-.. ~ i L----~ 12 6 6 13 14 U a. 0 rs G ~ m c r-~ lnb~~ ®1.®®~~ m m m CU A I i I ~ ~ i ' 22 ti v ~ T.O. PANEi. _ 13 j DUM°STER DUMPSTER ENCLOSURE ENCLOSURE - IREARELEvJ f (REARELEv.) 2 T~0. GLAZING 0 S, 1 - - i H cf) QR LLJ L 3 F1N16L4FLOOR F. G-_ 1 L_._J 1__._J J l__..____.__-______,_____________.________J - 13 14 ~ ~ 12 - - - - - - - - - - - - - - - - - - - - H ET c~ a a I- ANNIAL cn c~ H EAST ELEVATION I L D IN G A F D EAbir ELEVATION BUILDING B a SNT3OF 5 0 8 / U PAC/F/CA DEI~ELOPMEN7 t'ROf'Ef~T`/~5 LLC PLANNED COMMERC/AL DEVELOPMENT 96-3%6-E F/NAL DEVELOPMENT PLAN (x, ^.HAA/GE OF ZONE TO A PLANNED ClIMMERC/A! OFVF/ nPFMFN7 r e 7 5 4 1 ~ ~ i , , I I I 1 ~ I 9 i9 19 i0 19 ,9 I'1 w - - _ __r_____ ~ ~ i i , ~ I ~ _r_ ~ ~ _ _ a_-- 1 ! _ I ~ ti i ~ . I i _ ~ ~ ~ w. i . r i I i I i 1 ' I j i 1 i i I I 11 I _7_..~.._.~. _ _ _ __1_. ..____________.y._ __r__ _i ~ _ _7__A_..~____.._...___ _r_1_ r_a.._ ---______T t_..__~ t____' 4____J L__._7 i.__.._..JI 1.~..J L___ 1 ~ 24 25 12 i/t~ll S li®/Ail 1 ~ I „ 10 11 ~ , - I r ~ ~ I~ ~ ~ I I I ~ ~ ,g 9 19 $ i9 r ~ ~ i ~ , I , _ . _ . _ _ . ; _ _ _ _ _ _ _ ~ _ ~,r _ _ i ~ ~ ~ 1- ~ ~ I-1 ' I ~ ~ E i + II _ ~ ~ o_ a. ~ ~ ~ _ . i i ~ ~ _i - _ _ _ I I~ I I li ~ i i I ..J L_.___i _.1 L........J L____1 l__, 3 t L.._.. _1 L__._...__ L._. ,,.J i___ . 12 6 5 18 1/16° : le~mi~ I . ~Tl`P. T R 6" x 6" STEEL TUBE. DUMPSTER 4 BUMPS E ~ ENeLOSURE ~NeLOSUi~ 4 EQ SIZED METAL GATES. _ ' i ~ERONT ELEV.) ~ -~REAR-ELE'~-1- ( { , NI 1" THICK SITE T. 0, PANEL ~ / 8 ~ ~ -'eA$T WALLS, EL. = 108'-0" ~ _ 8" DIAMETER CONCRETE 1 ~ - '~~iLLED STEEL BOLLARD. _ ' ~ _i _ ~ TWO ~ EXPOSED CORNERS. 1 . I, ~ ~ II LOCKING DEVICE . _ _ ,FOUNDATIONS SEE: t0 r''-"'~-"'--- '-r---'--'°"-rl-r"'-'r C t_.___.._~_________________________________..... 1____________1____L____J STRUCTURAL DWGS, CANE BOLTS. 4 P(ER FOUNDATION p a CENTER PO T, 0 L m L C ■w~~~n ~1 - - N 14 ROOF DRAIrd OvERF>«OU~. 1 REINFORGEq ARG~{1TEGTURAL SIT{; CAST CONCRETE IuALL PAF~ZLS - PANT P-'. nl I . ; ~ ~ „ 15 FIRE SERVICE CONNECTION. 2 REINFORCED ARC#~ITEC ~ URAL SITE CAST CONCRE ~ E ~UA~~ P::r wL5 - PAIN, , z. ~ I6 OVERHEAD DOCK DOORS. 3 REINFORCED ARC~4ITEGTURAL SITE CAST CONCRETE RETAINir~~ UJALL PANELS - F' NT P- . ~a ~ 4't TRANSOM IUINDOGJ - lUi 1/4" WIRE GLASS, 3 4 REINFORCEq ARG~4ITECTURAL SITE CAST CONCRETE SCREEN ...ALL PANELS -PAINT P-!. ~ 18 RECESSED LIGHTING IN SOFFIT SOLRRq BE~'ONq. SEE ELECTRICAL DRAIllINGS. 1 5 CLEAR ANODIZED ALUMINUM STOREFRONT DOORS U1/ I" SOLAR GREEN INSULATED GLASS. 19 SURFACE MOUNTEq LIGHTING FIXTURE. SEE ELECTRICAL gRAIUiNGS. a ~ r.i dn~r~r~~?~r~ d~ uMin~uM ST~fi~EFRC~NT Ll 1" SOLAR GREEN '~~NSULATED GLASS. 2 1 a ~ a METAL SERVICE STAIR 5. O 5' WIDE x 5' HIGH WINDOW W1 1 SOLAR SREEN INSULATED GL45,5 IN CLE,4R ANODIZED an y MINUM FRAME. 21 POCK SEALS -ALT, SIP - 3. ALU ,48-3 2 o~ S METAL 5IGN54NP. 22 REvEALS ° r ~ 3 I" Ci~AMFER 23 45 ~RANS.TION N POUJNSPOUT. ~ lm ROOF 5E?"OND, 24 "FIRE COMMAND ROOM" SICxNACsE W/ FIRE DEPARTMENT APPROVAL. 4 a STANDING SEAM METAL ROOF. 2$ LOCK SOX PER FIRE DEPARTMENT APPROVAL ~ 11 EAS z 26 SENERATOR ENCLOSURE IN FOREGROUND, ~ 12 ExPANSiON UoiNT W; ELASTOMERIC SEAI..ANT. m A 1/161, a 1'm0'l m 4 21 EXTEND wDOWNSaCLt7 ,,.5 DOWN INTO SIDEWALK CN SE, C' 13 RJOF PRA;N SC;PER. 1 _ _ _ _ _ _ _ p~ ~ g~0"3g~0~0-E x: N nu~r Ar/'!e" nc ~nnre° rr~ a ~I A A®Ad~ i.fael r'°~1 / I O'~®CiIACA/T I~~IJ/t//+r® / /r' ! I If[/f~" / / / V N'l id /iII •/P-I 1 ® of ®d®P//f19 ~"1°!ffi ~ _ _ ~ - ~ 7 ry G 1 ~ ~ !9 i i I9 ~ ~ ~ l ~1 T 0 ~ _ . _ _ r . _ _ ~ _ ' c I _ - + °"i . - ! p ~ I I ~ ~ t ~ 1 i 1~ d,, 'I i S 1` ~ i i__ i _ _-_____-.r-~-r_.._.._ _i~,_,...._......_. ~ ~__..__J ~ 1____J __t. i ~l 'L ~nbll • ~~"~il 1 4 7 I 19 10 I 19 ~ f9 ~ 19 ~ t ~ 19 j 21 - ~ ( ~ ~ ~_3 " ~ i 1 I _ ~ - _ _ ~ _ _ ~ _ _ _ _ . r I ~ ~ E ~ 1 ~ i j F l ~ may, _ _ - a • ~ J _ 2 ~ - ~ 1 j E ~ _ ~ ~ ~ _ y- _ ~ ~ ' / ~ ~I I 2 ! ~I ~ ~ ~ I f TT f }9'~ I~ I ' I ~ ' 1._ i.._,......_.__.._ I 7____________ _ 4 __r..__...._,__ i___...I . _ __J t_„__; t__.._J I~ v~ 1/ii6u m ~'.®al I I .J- r r i Y t ~ ~ ~ ~ ? ~ ~ ,~1 2J 1~ i y r- 1i i1 ~ r ~ .I 1---~ t~ _..._._~t..---.i ti L 5 6 _ a a L tT L Q7 ~A/_II i tip®il H f e 67 d ~ I r 14 RDDF CJI~AiN OV~RFLDIU. m ~ R~iNFDRCF~ ,A~GI~IT~G?URAL ~IT~ CA~a? CDNCR~TE ~1.1w PAN~L~ -PAINT P- . N 15 F(R~ ~~RViCE CDNNEC?EDN. Z~'~INFCaRCcD Afi2C+~IT~CTUi~'Al_ SITE CAST CDNCR~?~ PAN~~ 5 -PAIN? P-2. N ~ DY~R~+~Ap pDCK QOD~~. 3 REINFDRC~C2 APC~l1?~G?!1RA1.. ~(T~ GAIT CDNCR~"'E ~F?AlNINCx ~:A.LI- P'ANEG.9 -PAIN? P-2. ?RANSOM llllNt~OW ~ loll ll4° lU1R~ CLA95. 11 4 RE}NFDRC~~ ARGF>EI?ECTURAI_ ST~ CAaT GDNCR~?E SCR~~N IiJA~I„ PANELS - P. NT P-i. ~s R~c~S~~z~ ~.E~~+Tw~~ ~N SoFFE? SDARp ~~1'OND. 5~r= ~~~c?RICAL GRAuJINCxB. . ~ ~ ? Fr N I uD ~D' AR CxR~~N ~NSULA?~P Ca~A85. ~ ~a C~~AR ANDJ~IZ~G A!_uMINUM S D?~'C~ , D T Rv' ~ 1 "i i9 SURFACE MDUN?ED LIC~+-I?iNCa FiXTUR~. 5~E E~~C?RICAL DRAUJ~IC~S. a ~ 6 CLEAR AND1~1"Eq ALUMINUM STOREFRONT ~!1 1" SOLAR ~xREEN ;NS~~ATE>a CxLA  TA, -1 3 - - 5' L1f~'E x 5' HIGH LJINDOW LJ/ P 5OLAR GREEN 1N5ULA~wD CsLA55 IN CLEAR ANODIZED L' I! N_aM ~ RA DOCK SEALS - ALT. 5ID - 3. AB-3 - NME. 21 D 1 ALuM o - i~ C/71 METAL 51CsN54ND. 22 REVEAL5 2 w 8 3 0 23 ~5° TR4N5MON IN DO' '5POUT 9 I"' CkIAMFER 7 l 24 "FIRE COMMAND ROOM" 5IGNACsE UJi EIRE DEPARTMENT APPROVAL. I~ ROOF E3E"T'OND. H 5ENT APPROVAL, ,N ROOF. 25 LOCK 5OX PER FIRE DEPARTM TANDiNC~s SEAM ,ET,ti~ Q a 12 EXPANSION JOINT W1 EA5TOMERIu SEALANT 26 GENERATOR ENCL05URE IN FOREGROUND. . E A ~r z H 2'f EXTEND DOWNSPOUTS DOWN' INTO 5IDEUJALK CI4A5, 1. Q 15 ROOF vRAIN SCUPPER. CD PAC/F/CA DEVELOPMENT PNOPERT/ES LLC IPTIC31`JJ L ESC LEA ~ r T THE NORTI-BAST CCRNER OF THE sw 1i4, of THE .,OMMENCING A tU. 5$TN AVENUE _ PLANNED COMMENC/AL DEVELOPMENT 96-3966 E SE 1)4, OF THE SW ;/4 OF SECTiCAN E5, T3S, R69W, OF THE bTH P.M,. THENCE S 00.05`22° E, ALONG THE EAST L1NEOF SAID SW 114, OF ~ THE SE 114, OF THE SW Il4 OF SECTION 15, A DISTANCE OF 30.00 ~ OUTL/NE DEVELOPMENT PLAN FEET TO THE RIGHT-OF-WAY OF WEST 49TH AVENUE, AS SHOWN ON ~ N EPENDENCE EXECUTIVE OFFICE PARK, W/% THE RECORDED PLAT OF J D AND ALSO BEING THE PAINT OF BEGINNING, T4-ENCE CaNTINU{NG S ~ ~ ~ A T LINE, A. DISTANCE OF 529.b2 FEE; TO ,~t1'~/ 0003'22" E ALONG SAID E S THE NORTHERLY RIGHT-OF-WAY LINE ~ INTERSTATE 7O AS Q .%''r RECORDED 1N BOOK l84O, AT PAGE 744 OF T~ RECORDS OF ~ r/ - f 1-4113' W ALONG SAID NORTHERLY ; ' ~ ~"O .JEFFERSON COUNTY, THENCE N S -WAY LINE FOR INTERSTATE ?O A DISTANCE OF bO5,O3 ~ - RIGHT-OF I, NDENCE _ ~~~3~ '4VIrNU~_ --..____~'v- FEET TO TI-~ EASTERLY RJGHT-OF-WAY LINE OF NDEPE STREET AS SHOWN ON THE RECORDED PLAT OF INDEPENDENCE lU 49TH A~..__.___.._m____-...__. ` N E ALONG SAID EASTERLY _ ~I EXECUTIVE OFFICE. PARK, THE C RIGHTaOF-WAY LWE THE FOLLOWING 3 CC~URSES~ F 5 FEET ~ - 2'54' W A DISTANCE O 4 , N 45 O 2. N OC}-02'SJ" W A DISTANCE OF 39812 FEET, FEET TO A PO{NT ON THE fi~ D~G1NTpU.1V 3, N 44-57'O9' E A~ DISTANCE OF J4.IO DENVER T- -`WAY WEST 497;-I AVENUE, THENCE N 84-4730° SOUTH RJGH OP ~ ' E ALONG SAID RIGHT-OF-WAY LWE A DISTANCE O. 620,3b v,,~ ,0' FEET TO THE INT OF BEGINNING, CONTAINING 3O3,b0i SC~UARS4 PERMITTED USES. FEET OR b.969'7 A S MORE OR LESS. NORTH ALL USES ALLOWED UNDE OF THE FOLLOWING USEy I, ADULT ENTERTAINMENT WHEAT RIDGE CODE OF L ~Q Jli,~~~ 2. AUTOMOBILE AND LiGi-I' 3, AUTO SERVICE AND RE SWOPS, AUTO AND LIGHT TUNE-UP SHOPS, ENGINE J ALiGNIvlENT SERVICES, CJ RADIATOR REPAIR SHOP` 1 1 1 1 4, HOTELS, MOTELS, OR B ~ ~ i 1 TRANSIENT OCCUPANCY, ~ ~ 1 5, MORTUARIES AND CREI ~ 1 1 zoNN~; ~-G 1 ZoNEO: A_i Q ra 1 1 6, MOTOR FUEL,NG 5 T A T h w~,~~~~~~..,,~„rw.~..®®ww,....ww.~..~..w~-•w w...~-www~ww~ww~...ww.~.ww~w..~.w.~..w.~ 7, DRIVE-!N RESTAURANT; ~ of 6m' -R-O-W 8, ROOMING AND BOARDI AS 5~1011Rd ON JUCNEM'S GARDEN PLACE. aooK 2, PAGE 3 9, LUMBER YARDS. ACCESS HOPS, POINT f0. PAWN S N. TAVERNS, NIGHT CLUB 5 89°35'23" Ui 62m36' Ptj wf ~il~~w w~Iw~w ww ~11~M~~:~!wws •4~'r44rrY~Ir •.«w.wwr•w.~•w.....•w.r•w.~rwww~~~~.w.~T... la4~+PJ ~2 TI~ATERS, ~ w w w~~ w w wow w w err r• wwwr w r ~w.rr w r rrw~ w J w• ~ w+wr~.ww+rw+. 436.36' .,._„~~..~...~.~,..w......-~._-••~~ 1 _ ADDITIONAL PERMITTED ~ yr Y- i ( I I, RESEARCH LABORATO~ I I I I 1 ~ I L..•~ °j'° F CILITIES FOR RESEARI 1 ~ A J LJ i ~ CONDUCTED BY OR FOR Im` UTILiTT EASE!"IENT 1 t _ J 1 PA~I~ +~D I ~ PARKPI~Ca AND 1 ~ CONCERN, WHETHER PUB 65 PG. I6 ~rvP> r ~ DRIVES 1~ ' DI~I VE3 a i ~ ~ _ ,RETAIL AND WNOLESAI _ r r ~ a MATERIALS DESIGNS / ~ 1 I ~ AND ! I I ( q AGRICULTURE, MINIM, IN ~ 1 _____________J I I _ _ _ _ _ _ _ _ _ _ J ~ TRANSPORTATION, BUILD L_______ _~._______~._J L,______ 1 , ~ w EXCLUDING Tk-E STORAG 1 - a - HEAVY-WHEELED OR TRJ L_ ~ 1 , 1 - ~ 0 i 1 .SCHOOLS FOR INDUST I ~ a 1 1 ~ I ~ N ~ ~ .PRINTING, ENGRAVING, u~iiCs~ H ~ REPRODUCTION PROCES 1 SIN ~ ~ m d ~ - ~ ~ c 1 I - rn ~ ~ WHOLESALE BUSINESS. 1 - ~ ~ ~ I 3 ~ ~ b; MANUFACTURING, PRC 1~+ 1~ K---~'~ BUILDINCx PAD - ~ COMBINATION THEREOF I ,r----~-., k~. 1~ ~ ~t,ilLpf,~ PAD 1 A, INSTRUMENTS OF PI I PHOTOGRAPHIC, OPTICD 1 Q~ I 1 aim 1 ~ d ~ ~ B, ELECTRICAL MACNII ~ I ~ 1 ,~a 1 ~ I ~ ~ N IN TRIAL Q ~ G LIGHT DUS C 1 ~ ANY ONE MACHINE DOE; { 4 Q- ' i HORSEPOWER, PROVIDEt f i I + ~ VIBRATION, OUST, EMISSI ~ w s J t i ~ ~ , ~ { F ~ ~ SMOKE, OR FU S A I ~ z~ . Y ~ I ~ ~ * ~ IS DANGEROUS, HAZARD r - { _ 'r _ t 't- 1. , , } - t ~N ry ~ °gi r r -1 ~ ~ a. ~ dt . ~ 1 I ~ ~ , 1 w ~ ~ h , REASONABLE ENJOYMEP ail ~ - - t ~ ~ ~ ~ r r ~ a. , , r ~ ~ .y PROPERTIES, HORSEPOI 1 ~ J _ - m 1 r ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~.__.~...~___M..___.- ~ PROVIDED NaISE, DusT, . - _ - . _ _a RESTRICTIONS ARE MET. I ~u p _ PROV~S~ON6 SET FORTH X t w ~ ~ 8 a9°35'23° w wws..-.~w PARKIN AND ( SEC. _.26-22, COMh!~RCl4 w'~ i ACCESS ,...~.~....®.~.....~.~wr.~+~..._.-w°~.."•~'w~_'_ i ORI1~3 U 1 w~+ w,w.~.w w~.~w 446.38' _ 1 _ ~ Z POINT ~ _ W~- n _ 'n I ~ I 7. WAREHOUSING WITH L a U _ 1 n S a9 35 23 W - . war. ~~.w~~ww~~www~~~w ~ a d ~ t as 15' 15' ~ f84.mm' 4- V 1 I I 25' GR056 AGC~w~/ 3m' UJATER MAIN ~ cv_ ~ ~8. BUILDING CONTRA( ~ - i r j INGRE55-EGRESS --,G-_ _ 9 t ' PARKIt~'s AND ~ EASEMENT, ~ I ~ ~ ARE S INCIDENTAL TO , BASEMENT BK 65, PG. I6 - DRIVEB ( 1 ; USE, IS WOULD INCLL 1 i tt _ _ _ - ROOF ; ELECTRIClAN~ I i I _ _ - . _ ; .r~- _ - _ 25` CRO5~5`E53!` v' 1 , - r - _ _ , T y. T. ~ ' , k k ~ ~ _ y. ~ ~ 4 CONDITfO ING CONTRA( 183-1:.GRES$ 1 ~ , ~ . ~ k a + ~ , ~ k- ~ ~a -~r ~ + i i NOT USE H VY EQUIPti ~ , r ABEh~N7` I , - - ~ - _ I HOWEVER, D AVE VE} z , _ , ~ ~ ~ ~ " IN _ ~ ~ k ~ ~ s. . ~ i ~ a.. a ~ ' D SI,~PLIES ED AN ~ I I ( T , y E 1 ~ + , " ~ PREMISES, AND R I I ~ UPON THE PREMISE A 1 I INV LVE CUSTOM WO ( I 0 ° 1 PREMISES, NO SINGLE ~ IS. I ~ 1 I ~ 1~ HORSEPOWER PROV E 1 ~ I I I T I 1 ,p VII~ATION, DUS , SS ~ I I ( SMOKE, OR FU ARE a I ~ ~ NI ( 1S DANGEROU , HAZARC p ~ BUILDING PAD ~1 REASONAB ENJOYMEI _J I ~ I c~ 1 PROPERT HORSEPO - BUILDING PAD r ~ I 1 I PROVI NOISE, DUST, c m v RE CTIONS ARE MET I _iw I S ~ ml~` ~ PR ISIONS SET FORT 1 I I ~ 1 ~ ~ S 26-22, COMMERCI~ I ~ I )t i ® ( 3 ( r-..,~ ~ I sl I .SHOPS FOR CUSTOM ~ ~ ,o, I MATERIALS, OR COMMC ° w THE PREMISES AJ~ WH TBS. ~ ~ I ~ t ~ ~ TEN tIO)1-1ORSEPOWER, ~ PARKS'~Cs AND - ~ 1 _ J 1 s~, I ~ ~ NOISE, VIBRATION, DUST , ~ D+~IV~s ~ 1 r ~ c~ bm' -R-o-w ~ "`'""~--...,,L RADIATION, SMOKE OR C0 AS 3HOil~l ON JiJGi~EM'S ""*+~wr E~(f5T'=,NG. 12'-6 2'-6" ~ EXTENT THAT IT )S DAN r ~ ~ NUISANCE TO T4-~ RSA, ~ GARDEN PLACE *~,,M,~~ 25' GROSS ACCESS ....J ~ BOCK 2, PAGE 3 f INGRESS - EGRl=93 ADJACENT PROPERTIES ! 7 r `""'*-1.,__ EA6Er~ENT INVOLVE CUS70M WORk +....._419.ma~ _ f _ .  j, NU Z~I1-4(7LC MFA-HIINC Z)HHI.L cnk-ccv civ u%-J) PARKIWs AND NORSE---POWER, PROVIDE )WERE PROVIDED THAT NO EXCESSIVE NOISE, JEFFERSON COUNTY CLER!C AND RECORDER o --"53'2m" 1 DRIVES VIBRATION, DUST, EMIS. SMOKE, OR FUMES ARE n ~5 Rt gam. ;o 1 T IS DANGEROUS, NAZARI u EXISTING q. FRONTAGE ROAD. -L a REASONABLE E°NJOYME C) F:RON I *ft. PROPERTIES, NORSEPC PROVIDED NOISE, DUST, w .c► I /N P4CiE -744 POINT t 7-4 BOOK 1st ,Egg •••.,rRESTRICTIONS ARE ME' CD h I a LANDSCAPED AREA NORTH ZONED: A-1 `f6-+ h rv H H , I a AREA OF ALLOWED OUTSIDE STORAGE, ALL OUTSIDE STORAGE U u, i n (I 40 To BE SCREENED 5Y ro' HIGH F-, VINYL COATED CHAIN LINK FENCIW3 WITH VINYL SLATS, d r a i Li