Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
WZ-95-1
The City of - - - ADMINISTRATIVE PROCESS APPLICATION. Wheat ~Rid~re Department of Planning and Development 6 750-0_-West. 24th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant City _of Wheat Ridge Address J500 W 24th Ave. Phone 235-2846,.__ Dwain Richter Owner 11665 West--39th Place Address., Wheat Ridge CO - Phone .279-6$54 ,_ Location of request 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- Preliminary 8 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 Amendment to preliminary final development plan nor nlannaA nommarnial develox~ment List alf persons and companies who-hold an-interest in-the-described real _- property,. as owner; mortgagee, lessee, optionee, etc. NAME ADDRESS - La-Quinta Hotel 3291 Youngfield 5 PHONE . Golden 80401- Sam Barnhill 14-OSU-Crabapple mace, c;olaen ausul I certifg 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, cannot lawfully. be accompfished. Applicants other-than owners must submit.power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant .!~~~ Subscribed and sworn-to me this (~ day of S~Qn\~, 14 QS SEAL ate Received My commission expires ~-2y-q 5 Rereint~ Nn Case Nn 5 Alnbe __ LL a __ • n • _ ~, a ~ . D~ w ~ F. .:may - - w rns'' ~ :ss' ~ D O _.~__---- nro x n r } ~ - onto Et m , x = 1 v i .` m c - N T ~ ~~/~ N - ~T-- ® ® `I m y V• D n C v m w ® a 2 f "1 to m - m ®~ ® a ~~ _ 9 ~i , N _ ,~~~/// M w - r-f .Y ' x 'F ~ 1 - :: » ~ w I e ~ n r`r _ ~ - r ~ 1 '°--°-' Sx :1 4 w ~ I II I 1 I 1 ~ ~ 1 - ~ _ y Y~w is F ~{y ~~u ~4 Yo §r Wow ~ J~~; .1 i &~® . S •. II y' 1 ~' ~! w 6 I x~ ; ; I ~ 1 1 70 . n ~ ~; I f~TERSTATE ;1 ' _ 1... C I I ~ 1 ' _ -- ~ ro~ynae-- i '~ D ~ JEFFEO 1093'10 Y S JEFFCO ITTA'iix ~~~ _______________ ~~_~~J~ • ~a ...n w ; ._ s_-_ . Iwo q -'--- - ----°'--- _: ~:- .. . IE - n 1~ N w 6 ~ ®® ~. I 1~ 1 N m® ~ ~ .1 ~~® ~«• c; T' w. ae to _It _ eU®o ~-1 N _1 ® ~ ~~'; £ Y 1 N i f~ - x i i i ~- °i Wre nl I u ' 'i 1 .1 I 1 ~ 1 1 - "n, i i1 S ® u.® S y~ n1Y 1 ~ `,•Ol~ 1 r u ii: w• 9 9 s w P ~ ~ _ _ _ r` WS ~_ Cl ` .r.e ~__._.~SI. . _ ~ ~ ~ • ~ _ - m ~ t ~ 'w',. ' a. a __~~_ .ate ._~ _ - -,'%wwre-'~ N9., r ,~,_ AEiolnin0 39-291' .i x , WHEATRIDGE JEFFER~N 01-04-95 10:30:56- COUNTY ASSESSOR/TREASUR~SYSTEM WSRMD08 MASTER ATSI002 Key: 39-292-07-011 Schedule: 182267 T-Dist: 3123 Reason: Ownerl: RICHTER DWAINE R Owner2: VIRGINIA L RICHTER C/O: Mail: Pf~'S'b'S Dir: S Name: °"' °'_"'"""~' City: $'e'D Prop: Dir: Name: VACANT LAND City: DBA: Most Recent Sale Data Date: 8-1~}-1984 Code: 44 Amt: Deed: Sdiv Reception B/T Lot 002800 84100405 0007 Sub: 70 WEST BUSINESS CENTER Struc Use Built Unit Cons Bsmt ~. Next Screen: Status: 1 Parcel ID: 39-292-07-011 Related Schedules 030651 Ty: WY Sf: Ut: 1202 ` St: CO Zip Code: 80111 - Ty: Sf: Ut: * St: Zip Code: - Actual Assessed Date Land: 49680 14410 Assessed Imes: 0 0 11-10-1994 Total: 49680 14410 Key Sec Twn Rng Qsec Land Area Tot Acres 29 3 69 NW 108974 2.502 Nhood: 103 Area: Blds Flrs GT Liv Area Bsm Area Total Land 108974.-_ F7=Additional Master Info F8=Print Master Info Last Change Date: 11-28-94 DCW ® Vr., ~/-/ ~ .. 0 WHEATRIDGE JEFFER~N COUNTY ASSESSOR/TREASUR~SYSTEM ATSI~002 01-04-95 10:30:40 MASTER Next Screen: Key: 39-292-07-018 Schedule: 182264 Status: 1 ParcRelaDed3Schedules018 T-Dist: 3123. _ Reason:- _ 070427 Ownerl: RICHTER DWAINE R Owner2: VIRGINIA L RICHTER C/O: T WY Sf:' Ut: 1202 Mail: 06565 Dir: S Name: SYRACUSE gt: CO Zip Code: 80111_- City: ENGLEWOOD Prop: Dir: Name: VACANT LAND TStc Zip.CodeUt: City: __ Actual .Assessed DBA: Land: 700 200 Most Recent Sale Data Date 0 0 Date: 8-14-1984 Code: 44 Assessed Imps: 200 Amt: Deed: 4-19-1993 Total: 700 Sdiv Reception B/T Lot Key Sec Twn Rng Qsec Land Area Tot Acres 002800 84100405 0004 29 3 69 NW Nhood: Area: 2 Sub: 70 WEST BUSINESS CENTER Struc .Use-.Built Unit Cons Bsmt Blds Flrs GT Liv Area Bsm Area Total Land F7=Additional Master Info F8=Print Master Info Last Change Date: 11-28-94 DCW O WHEATRIDGE JEFFERS'7iN 01-04-95 10:_30:56 COUNTY ASSESSOR/TREASURE~SYSTEM WSRMD08 MASTER ATS2002 Next Screen: Key: 39-292-07-019 Schedule: _1.82267 T-Dist: 3123 Reason: Owners: RICHTER DWAINE R Owner2: VIRGINIA ,L RICHTER C/O: Mail: 06565 Dir: S Name: SYRACUSE City: ENGLEROOD Prop: Dir: Name: VACANT LAND City: DBA: Most Recent Sale Data Date: 8-14-1984 Code: 44 Amt: Deed: Sdiv Reception B/T Lot 002800 84100405 0007 Sub: 70 WEST BUSINESS CENTER Struc Use Built Unit Cons Bsmt Status: 1 Parcel ID:.39-292-07-011 - Related Schedules 030651 Date Assessed 11-10-1994 Key Sec Twn 29 3 Blds Flrs GT Ty: WY Sf: Ut: 1202 St: CO Zip Code: 80111 - Ty: Sf: Ut: St: Zip Code: - Actual Assessed Land: 49680 14410 Imps: 0 0 Total: 49680 14410 Rng Qsec Land Area. Tot Acres 69 NW 108974 2.502 Nhood: 103 Area: Liv Area Bsm Area Total. Land 108974 F7=Additiona_1 Master Info F8=Print Master Info Last Change Date: 11-28-94 DCW WHEATRIDGE JEFFERSON COUNTY 01-04-95 .10:31:25 Key: 39-292-07-020 Schedule: T-Dist:_3124_ .Reason: _ Ownerl:.RICHTER_DWAINE R, Owner2: VIRGINTA L RICHTER C/O: ASSESSOR/TREASUR~SYSTEM WSRMDOS MASTER ATSI002 182262 .Status: 1 N86 Mail: 06565 Dr: S Name: SYRACUSE City: ENGLEWOOD Prop: 03291 Dir: Name: YOUNGFIEUD SERVICE City: GOLDEN DBA: Most Recent Sale Data _ Date Date: 8-14-1984 Code: 44 Assessed Amt: Deed: 4-27-1993 Sdiv Reception B/T Lot Key Sec Twn 002800- 841.00405 ___ 0002 29 3 Sub: 70-WEST BUSINESS CENTER Struc Use Built Unit Cons Bsmt Blds Flrs COMMR 321 1985 A l 1 F7=Additional Master Info' F8=Print Master GT Next Screen: Parcel ID: 39-292-07-020 Related Schedules 030484 Ty: WY Sf: Ut: 1202 St: CO Zip Code: 80111--- Ty: RD Sf: Ut: St: CO Zip Code: 80401 - Actual Assessed Land: 59320 17200_ Imps: 237280 68810 Total: 296600 -86010 Rng Qsec Land Area Tot Acres 69 NW 67744 1.555 Nhood: 153 Area: Liv Area Bsm_Area Total Land 3676 67744 Info Last Change Date: 11-28-94 DCW WHEATRIDGE JEFFERSON COUNTY 01-04-95 10:31:25 ASSESSOR/TREASURE~SYSTEM ATS~I002 MASTER _._ Next Screen: Key: 39-292-07-02.1 Schedule: 182262 T-Dist: 3124 Reason: N86 Owners: RICHTER DWAINE R Owner2: VIRGINIA L RICHTER C/O• Status: 1 Parcel ID: 39-292-07-020 -Related Schedules 030484 Mail: 06565 Dir: S Name: SYRACUSE City: ENGLEWOOD Prop: 03291 Dir: Name: YOUNGFIELD SERVICE City: GOLDEN DBA: Most Recent Sale Data Date: 8-14-1984 Code: 44 Amt: Deed: Sdiv Reception B/T 0002 002800 841.OD405 Sub: 70 WEST BUSINESS CENTER Struc Use Built Unit Cons Bsmt COMMR 321 1985 A Ty: WY Sf: Ut: 1202 St: CO Zip Code: 80111 - Ty: RD Sf: Ut: St: CO Zip Code: 80401 - Actual Assessed Date Land: 59320 17200 Assessed Imps: 237280 68810 4-27-1993 Total: 296600 86010 Key Sec Twn Rng Qsec Land6A744 Tot Ac555 29 3 69 NW Nhood: 153 Area: Blds F1rs GT Liv Area Bsm Area Tota167744 1 1 3676 F7=Additional Master Info FB=Print Master Info Last Change Date: 11-28-94 DCW L ,~ Q u~. c~T~ l- ~~~P ,~.,~.~ WSRMDOS Y ASSESSOR/TREASUR SYSTEM ~ COUNT TrIHEATRIDGE JEFFER ATS2002 01-04-95 10:31:49 MASTER Next Screen: Key: 39-292-07-023 Schedule: 182266 Status: 1 ParcRelaDed3Schedules023 T-Dist: 3123 Reason: 030651 Ownerl: RICHTER DWAINE R Owner2: VIRGINIA L RICHTER C/O: Mail: 06565 Dir: S Name: SYRACUSE T Wy- Sf: Ut: 1202 St: CO Zip Code: 80111 - City: ENGLEWOOD Name: VACANT LAND Di T Sf: Ut: Y~ _ r: Prop: St: Zip Code: City: Actual Assessed DBA: Date Land: 42150 12220 Most Recent Sale Data S 0 0 Date: 8-14-1984 Code: 44 4 27S1993 Total: 42150 12220 Amt: Deed: Tw3 Key S B/T i R69 4~c Land Tot 2c123 29 on Sdiv Recept 76640 0006 002800 84100405 Nhood: 103 Area: Sub:-_7_Q_WEST BUSINESS CENTER t Blds Flrs GT Liv Area Bsm Area Tota1 2 Struc Use Bili1t Unit Cons Bsm 9 480 F7=Additiona_1 Master Info F8=Print Master Info Last Change Date: 11-28-94 DCW ADDITIONAL LEGALS EXIST 0 r wsRMDOs VTHEATRIDGE JEFFERB~JN COUNTY ASSESSOR/TREASURE SYSTEM ATSI002 0104-95 10:52:28 MASTER Next-Screen: Key: 39-292-07-010 Schedule: 182265 T-Dist: 4551 Reason: N90 Ownerl: BARNHILL SAM TRUSTEE Owner2: C/O: o SAM BARNHILL Mail: 14050_Dir: Name: CRABAPPLE City: GOLDEN Prop: 13149 Dir: W Name: 33RD City: GOLDEN DBA• Status: 1 Parcel ID: 39-292-07-010 - Related Schedules 030651 Most Recent Sale Data Date Assessed Date: 12-06-1988 Code: 44 Amt: Deed: WARR 4-19-1993 Sdiv Reception B/T Lot Key- 529 T`a3 002800 88119734 0005 Sub: 70 WEST BUSINESS CENTER Struc Use Built Unit Cons Bsmt Blds Flrs ESID RANG 1990 1 3F AG Ty: PL Sf: Ut: St: CO Zip Code: 80401 - Ty: AV Sf: Ut: St: C0 Zip Code: 80401 - Actual Assessed Land: 30000 3860 Imps: 94200 12110 Total: 124200 15970 Rng Qsec Land Area Tot Acres 69 NW Nhood: Area: 2 Liv Area Bsm Area Total Land 1560 R F7=Additional Master Info FB=Print Master Info Last Change Date: 6-OS-94 KDS 3 RICHTER PROPERTY HISTORY NW Corner Youngfield Service Road & West 32nd Avenue Property was annexed to the City in 1973 Case No. W2-74-18: Rezoning from R-lA & A-1 to PCD Established outline plan showing use areas, etc. City Council approval: Case No. WZ-76-21: Final Development plan approved for restaurant. City Council approved: 10-11-76 This plan was declared invalid by district court Case No. WZ-78-14: Final development plan approved for restaurant. City Council approved: 08-13-79 Case No. WZ-78-20: Final development plan approval for duplex located on West 33rd Avenue. City Council approved: 02-26-79 ' Case No. WZ-84-10: Preliminary & final development plan and plat approved for LaQuinta Hotel & Country Cafe - Condition that no further plan approval until Youngfield Service Road relocated to align with Zinnia to the south. City Council approval: 07-09-84 Case No. WZ-88-9: Administrative amendment to the final development plan for duplex located on West 33rd Avenue. ~° °Case~No: WZ-92'=11~e Application t~ rezone the existing Youngfield Service Rd from A-1 to PCD,. City Council denial: 01-25-93 Case No. WZ-95-1: Amendment to the final development plan to remove condition placed pursuant to'Case No. WZ-84-10 (no development until service road relocation). City Council approval: 03-27- . 95 MR:slw c:\wp60Miles\richter.his ^ 1 1 t I I .; ~' i lR~lINC.ORPORhTED ~FFERSON COUNTY r::;~:~..~.~ ~ ~o~a I cacrtfc ~ F;G i i ~ I i ~. _ ~ j ~ o ~. ~ = N 1 ~'GD 1 1 ~ G _ ( ~.rRa,oco Hum j ~ sr,orrir+e~ cerrrae Af@pFL+fT 4 , i i ~ o ~ ~ ~ROPOSAL ~Z J' ~ ~ C~~lalr ~> SAL # 3 t8r7' ~~ PROPosaL~l (F~cuisitG) _____ O~~I GI ~~ ~~ ZONE DISTRICT SOUNpRY ZONING M~hi~ PhRGEVLOT eouNDRY (DESIGNkTES OWNERSHIP) W}-}~~+cT ill DG~ --~- CITY LIMIT LINE GOLO.R~DC~ DENOTES MULTIPLE hDDRESSEs MhP hDOPTED~ June l5. 1994 ~ ~~y !~ ~RG~oSEh Ac.~~N~~Nrs ~- PARCEL ,,C„ ~XN181T (EXISTING HIGHWAY RIGHT-OF-WAY) \ 1 ~ LOT 1, I " ~ _~I `B` ~ ~ [( ~ I ~ i 1 / A ~ 7 7 ~~ ~ so I scN.E: r-1o0• I I ~ 1 I ' ~ ' I J , II1I1 I r 1 ' ( I ( L I I I 1 I ' i I I I ~ \ I `1 I - ~~ -s ac ~3.'. as w. 72 ~ - P.O.E 21. 00' E ~ /- 258W ~ 00' w J ~ iiii / / / / / / / I 5 E9' 39' 00" W ss.3o• I I I 70 WEST BUSIN~SS CENTER i I LO'f 2 IT 7 I r------ i I al ~L .... ..LOT.3 ~~ . u ~I . 67 aS'J?E 29.00' / / / / iiii i i ~i iioi iii ~ ~W / /U ~ ~y //iw~ ,~i 9 / / ~ u ~ ai ~~ ~ w~ :~ir~~ ,, ,z ~ ~~ i .o i , }i iii WEST QUARTER CORNER PARCEL "C" SEC. 29, T.3 S.,R.69 w.. 6TH r.u. WEST 32nd AVENUE ----~ I 1 E~ a.l E-' . ~ ~ ~ I ~FRASIER ENGINEERING CO. ENGINEERS & SURVEYORS Z 1 L.~ ~ 10375 E. FWiVNi0, SUffE 207 U DENVER, COLORADO ®0231 (303) 757-9751 N ~ ~7oxreclRARCEEc 10-22-97 ~-v-92 It ° • S `~~~V • '~~~01..~{ ' SCAIE f' ~ 40" Cq.ORA00 NWY DEPT. a.o.w. uNE 0K. 1952. PCS. 2@3-206 ~37'3D' YOUNGFIELD FRON7AG W E ROAD ®~ / m P:0.0. p TO K9 oiE 'e7.e~' NIXtTH LINE , LOi 1 SOUIN L01E l0T I6 I lAT 16 g "' IAT 1 n ROXBUR] ~ 'm' 70 A'EST BUSINESS CENTER GARDENS m '' ~ PA~REA I ~ ' a... m ti Ib9 S.F. ` I aul Aa g ~ Pueuc unuTr ae m WRIWIICN EASENENT ~ PARCEL AREA n 1,269 S.F. ~ -.}t ~^ Au w 54425'54' W e: 70.98' n in ` Z \~ ~6' - ~ sN00'4792'W IAT 6 .acv. t ~ ~ LOT 1 j ~ ~j 1 Q~~~A S~ ~ l~ t ~ 1 ~, _..~- f._.~ -- ~...- D ~;. I, . ± circ " a, i ~ f ~ ~ i I I it I ~~ ~}` ~ I o ~ ~ ~~ I i g LOT 2 I ~ LOT 7 ~ ~. -- - - -- 1--~- -.. ..... ~ , r~v~~A _.. ~ ~~ ~ Is ~ 1~~ , ~ ~ I L07 3 I Y I j ~ !~ ~ ~ R LOT 4 3 ~ ~ ~' ~ ~ I ~ . ~N A ~ ~vYf~#+ .y .. 7~ Y i- -_ ~ .r. H ~~ Yr ; .: TY . Z .~ ~ -.~ i ~ •`• ~ ,---'- 1 ~ • ~ •. `. I 1 n o. ~•. •h R-1-A ~ o ~ I~ ~ ~. I l1 ~ ~\ ~ o ~ lil ~ u N I I I ~ I~// `' ~ ~ ~ ~~ 111 \ .~ 1 i1 • ti~ "_ !r -.~.-.~ ------!~ r W. 33rd AVE. ,.. ~' ~ ~ ' _ "~ I "~J-• `O'J JOINT AC E,j fAOf MF T ~. ~. MJfMCR [M1V ~ 'T~ ~~ Ms.? I .~ `~~ • Ir r. •• 11 `~ I ~• I .••e ~ ~ ~ rli `f •• 11 I I~ ~L m• ~ ~ ~ ~~1~ C $~ ~ Ih 2 I n I O I a' I ` nr . ~ 111 N Z H~ 1 i~ S~ QF~3 ~r !d SAY p j; ~ ~ ~ ~ •_I ~ h 5 v v ( ° a x- t; S S . v II I ~ ~ s Ip m o ja ~ •.i£ i a2 !S• ? s~ iF t~ ~ ~ p ~ ~ I I ~~I ^ I . ~ ~ S it o f r 1" ~7 ~~ ~' ~_ -5 r(- i=g fr ~.I ~_ ~ I . •~ 1 n ~,~ ~ :/rn` ~ x o ~.I to P~r ~: ~2 ~s' ~ =~ ~~ F a ~ ~ ~ ``•1 ~ c I . F ~~- `" ,r ° y y /m m I a~ r i3r a~ i ~:t ~ 4i > ~ 4 l I .~ I i ~ ~___ ' ~ .. \ 0' r iy•' ¢¢ Sf# ~~[ Ec ti t ~ + \ 1 q ~ o` '1 I` m o a. ~ jtt 1„a IL Y j5r ! ^x Ri ~ Q \ ~1 i `g `\ , i F m m N ~ yl1 i ~}t # EF ;i ! is ss c m ~~.I `\~li z i ,~ e o .i r ~ I ii a~ S ~i_ ~ i I , I e 4 (, n T i c o m x :~ - { x Q n • ,r \ ~ T m ZZ r i ia.i ? r ~f Y r qr ~ F ~ ~I• '~ i \I ~ ~n~ ~ 1~' ~S z m 'fl ~ } ~' i~ - ;^--_ I `.i '1 •~ i .v ~ Iii R o m ~. `\i ~ i r ~ - .w ll~i o a py i 1 A~ `\ m ° n n I ~ _ _ I , I• -O IIII i N i • \ • J \ _ ~ •r III ;• W n } 4 I/ h• F,i ~ . IIII II e r "' ~ III -,r' a~ ,J; -, A rwr I .. ... cN~m .... ... ~ ~ `B ' w r~N~'rgw r~ Y 'aJr r. Ii o l~_ -1iW 32nd A E.-~> -~ .., ~> u mwauurtu rv,wl_FCa mv,wr~ •.~_ 8 ~ •w....u TM1 _ n' A Z ~p ~ ~ I CR _ ,~ I A$ i F =~ ~i~~~ > o '~ ~ M o j ~ ~, ! ~ v 0 9 if m ; ~ m ~ 70 WEST BUSINESS CENTER " ~ o v' r - i = - ° Z s ~ COMBINED PRELIMINARY & ~`~ _~ a~~~ ~ ~ ~vv ~ - m ~ ~ ~ N~~~ V~~~~ ~~~~ FINAL DEVELOPMENT PLAN o ~ ~YF $~~ $~~~ $~~ LOTS 1 8 2, RICHTER PCD .r ~ ~ , <x K` 8,Z ,S~ u~} $~T IN THE CIiY OF WHEAT AIDOE. COUNTY OF JEFFERDON, OOI,QRADO G F S P i R-1 a J i i ~ ~._ i~ . ^ F:ECEfy7I0N 'N0.' fT4076367:~'`i ~f1i3/13/t34 10:2U ` 3 F:E:COF~DED IN COtl1•!7Y OF .IEFPEi2SON :i7A7E Of' CpI.OF'tADO Clark & Recorder Jefieranr, County 17ii0 ArapaYroe Straet Golden,Colarado 60419 Subject: 70'eJost Businass Center Plat 4lhaat ltid~e, Colorado Doa1• Jladara Clor: Plaase 0e advisad ttat the subject plat xas recorded on August ~~ ,1:64 at Bool: 7'~ and pace ~c dY~~G3G6 Zile rF,cords of Jefferson County, Colorado. It is the i.;font of tiris affidazit to a.`nand tl;o subject plat to add tho iallcs~riul; roservation: Tllaz•e is a rastrictio°~ ti;at there is no devalopenar;t on Lo'L 3 until ssch time as the dcvelcpar, tho City of 1•Jt:aat iiidga, ar:d i.l:e Stata IiighWa;,• Departmort co;nplc~ta negotiations for tno rsloca'~io;l of tho Saxvice Koad as reoairod by t~.e t•+'s:eat :?idUe Cit;/ Council aoacing of July 9,1&Is. Sl,E",nGd ~~Gt '1.., + Dcraina K. Rict:ter-0w:,cr 70 41ast Busir~oss Centar ",,. ~ r State CR CiSLOi'.fli~~ ~ SS Caur;it~ of ~~;.~ ...~~.~ ~ `1'110 1!~re$Uln', 3??atrUTfiaat Was acl:ilrnrladgad before .00 'i.it15 ~~ d1:` Ui '.L'~71ai:, ~.Li64 b;; Dera:iao "r'.. chter•. '.•J~it::e,^..> n~;; h ~:d and off:iciai seal. / , notary P;iblic r~ C~ a ~ ~.~ ~~, . L / ~/n ~. C.GC. X , ~. ~ n ;~ Add~•ess ~ / ~ ~~ ~O~ /S .. ~' _ t 8 ' ,,.~ :; "r.. ... w ~~ lar= 4 .. 4 Y4 STATE OF COLORADO DEPARTMENT OFTRAN3PORTATION 4201 Eam Arkaneae Avenue T' Denver, Colorado 80222 ~ ~-_~_ (303) 767.8011 ~ ~~ DATE: May 6, 1993 I 70-3(8) Mr. Dwaine Richter I 70 at W. 32nd Ave. Par. 139 et al SUBJECT: Transmittal of Signed Agreements Attached are the two original agreements between the City of Wheat Ridge, the Colorado Department of Transportation (CDOT) and yourself, as representative of 70 Weat Business Center. Both documents have been signed by the appropriate authority for CDOT. The new resolution for the Transportation Commissions review has been forwarded through to the Chief Engineer's office and from there will pass through the State's Attorney General's office. No significant delays are expected. The Commission will see the resolution at its June 4th meeting. If you have any further questions please contact me at 757-9305. Sinc rely, ~~~ huck ray Senior Professional Engineer cc: file ~.. May 7, 1993 Mr. Glen Gidley City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80034-0638 Hand Carried Re: Tripartite Agreement Relocation of West I-70 Frontage Road at 32nd Ave. Dear Glen: The subject contract was delivered to Dave Hasselblad at the CDOT. He had Guillermo (Bill) Vidal initial the change that was made at the April 26, 1993 council hearing. Two additional highway official signatures have been added to the agreement. Changes have been initialed by wife and myself. We now have a final and complete contract. The City's signed original contract is enclosed. As you are aware, the State Highway Commission now has to approve the document. Dave Hasselblad immediately forwarded it to Chuck Pray at the Staff R.O.W. who has put it on the Highway Commission's agenda at its June 4th meeting which is a combined meeting of May and June. Please see Chuck Pray's attached transmittal letter. I wish to again thank you and others in the City who helped resolve a difficult transportation problem. Special thanks also go to Mayor Ray Winger, City Administrator BoB Middaugh, Public Work's Director Bob Goebel and John Oss. If there is anything additional required of me at this time, please advise. Ver truly/ your ne R. Richter cc: Ray Winger Bob Middaugh Bob Goebel / John Oss / AGREEPdENT This Agreement is made between and among the Colorado Depart- ment of Transportation, formerly known as-the Colorado Department of Highways, the City of Wheat Ridge, Colorado, and Dwaine R. and Virginia L. Richter-Owners dba 70 West Business Center. RECITALS i. The Colorado Department of Transportation, as the Colo- rado Department of Highways, after acquiring certain parcels of land in-1967, designed and constructed both the off-ramp on the west side of I-70 intersecting with West 32nd Avenue, in the City of v7heat Ridge, and the West Frontage Road of I-70 North of West 32nd Avenue, under Project I 70-3 (43) 271. 2. The Colorado Department of Transportation and the City of Wheat Ridge agree for improved traffic flow and safety it is necessary that the southerly intersection of the t+7est Frontage Road be relocated westerly from the existing intersection with West 32nd Avenue, which is immediately proximate to the inter- section of the off-ramp with West 32nd Avenue. 3. The City of Wheat Ridge, in cooperation with the Colo- rado Department of Transportation (formerly the Colorado Depart- ment of Highways), placed a restriction on the plat of 70 4dest Business Center that no development on Lot 3 would take place until negotiations for the relocation of the West Frontage Road were completed among the three parties to this agreement. This restriction was placed upon the plat on or about July 9, 1984. 4. The land occupied by 70 West Business Center and the Fvest Frontage Road, insofar as it pertains to this agreement, were annexed-into the City of Wheat Ridge on or about April 11, 1974. 5. The land known as 70 V7est Business Center was zoned as a planned commercial district with certain specified-uses with an approved outlined development plan on or about June 20, 1975. 6. In recognition-of-the traffic concerns, the Colorado Department of Transportation, the City of Wheat Ridge and 70 West Business Center wish to provide for the acquisition of prop- erty, to design, construct, operate and maintain a relocated por- tion of the West Frontage Road. -1- In consideration of the ihtent of the three parties, each party agrees with each of the other parties, and all agree among each other, with the agreements each contingent upon the other, as follows: 1. The City of Wheat Ridge agrees to construct a relocat- ed Youngfield Service Road (otherwise known as the West Frontage Road) as shown on attached drawings and legal descriptions known as Parcel A and Parcel B. These attachments are mane a part here- ' of as though fully set forth. 2. The City of Wheat Ridge agrees to take the relocated portion of the West Frontage Road. onto the City street system. The City of Wheat Ridge will undertake all jurisdiction, includ- ing safety, maintenance and repair, and other concerns in respect to the relocated portion of this roadway. 3. The City of 4dheat Ridge will install a noise barrier in place of the existing visual protection fence on the berm run- ning in a north-south direction on the west property line of 70 West Business Center at its own cost. The City shall be respon- sible for damage, if any, done to the existing sprinkler system installed by 70 West Business Center for the maintenance of grass and other foliage, as required by the City of-Wheat Ridge. 70 P7est Business Center shall maintain the said noise barrier. 70 West Business Center shall grant the City of Wheat Ridge the appropriate rights to enter upon the property to install the said noise barrier. 4. The City of V7heat Ridge shall give full opportunity ~}?`%"~ to 70 West Business Center to review and approve the design of /~~~ the sound barrier, which approval shall not be unreasonably with- GtY held. fiB-b4e~,t~ru T ~~~~~~a }=aroe-tfxe xJ~ a Y 5. The City of Wheat Ridge currently has in effect both an Enhanced Sales Tax Incentive Program ("ESTIP") and a Business Development Zone ("BDZ") provision as separate parts of its Sales and Use Tax Ordinance. The City agrees to consider in good faith any application by the Richters or their successors for inclusion in either program for the purpose of allowing the Richters .or their successors to share in "enhanced sales tax" and/or "expect- ed incremental future sales and use tax revenue", as those terms are now, or as they may in the future be, defined. Any monies so received by the Richters or their successors pursuant to an -- agreement approved under either or both of such programs may be -2- applied to the costs incurred, if any, by the Richters or their successors, in installing (when applicable 2+IUTCD warrants are met) signalization of the intersection between the relocated Youngfield Service Road and West 32nd Avehue, and the relocation of any or all utilities (including gas, electric, water, sewer and telephone) and utility lines and facilities presently situate upon or within the property described as the 70 West Business Center. Nothing contained in this paragraph shall limit the Richters or their successors from applying for permission to make additiohai uses of any funds agreed to be shared by the City under either the "ESTIP" or "BDZ" programs. 6. 70 6dest Business Center shall relinquish and convey to the City of Wheat Ridge its right, title and interest to Parcel A for the purpose of constructing, maintaining and op- erating the relocated Youngfield Service Road prior to the City signing a contract for construction of the said relocated Young- field Service Road. 7. 70 West Business Center has supplied, at its own ex- pense, construction drawings for the construction of the described relocated Youngfield Service Road. The City of Wheat Ridge shall shall supply to 70 West Business Center its officially approved construction drawings for review prior to bid. 8. 70 6+Iest Business Center shall accept as consideration, ,,~ together with the consideration of-the mutual promises otherwise contained herein, that portion of the existing Youngfield Service Road which is known as Parcel C in the attachment to this agree- ~~~i '~ ment. W g.%f3vscr rO.~f'1~,ecdfJl ,g 9. The Colorado Department of Transportation, ~ the Highway Commission, shall consider Parcel C to be ab'~ndoned when ~;~" the relocated Youngfield Service Road, as shown in Parcels A and B, is completed, and title is to be transferred to the adjacent land owner which is agreed to be Dwaine R. and Virginia L. Richter as Fee Owners of 70 4dest Business Canter, no later than thirty ~ (30) days subsequent to the opening of the relocated Youngfield ~~~ Service Road 'td traffic. The transfer of title. to Parcel C shall ~, be by deed, ~~-h,~r i - ~_-_~ .._ ~ ~" . -- a .. ~ ~~,~ 10. The Colorado Department of Transportation shall propose the necessary resolutions and documents to the Transportation Commission for the approval process necessary to transfer Parcel C to 70 West Business Center. -3- 11. The Colorado Department of Transportation shall review, where necessary, the construction drawings and shall cooperate with, and give reasonable assistance required to, the City of :^7heat Ridge in respect to the construction of the relocated. Youngfield Service Road. 12. The Colorado Department of Transportation shall transfer such traffic signalization equipment as is available at the inter- section of the existing West Frontage Road and West off-ramp of I-70, and West 32nd Avenue, to the City of 6~d'neat Ridge. 13. Upon the signature of all parties to-this agreement, the City of Wheat Ridge shall forthwith initiate and move forward, consistent with its own ordinances and procedures, to prepare and publish a bid package for the construction of the relocated West Frontage Road on-the alignment in accordance with the exist- ing and outstanding resolutions of the City Council of tie City of Wheat Ridge providing for funding of this construction and providing for the alignment of the relocated G9est Frontage Road. The City of Wheat Ridge shall further process all necessary steps to construct the described relocated West Frontage Road expeditiously so that the road may be open to traffic during the 1993 construction season. 14. The City of Wheat Ridge shall execute and furnish to 70 West Business Center so that it may record with the Cierk and Recorder of Jefferson-County a document describing to the public that the restriction on development of Lot 3 on 70 Priest Business Center, recorde3 at Book 79, Page 47, of the records of Jefferson County, REC No. 84076366, dated August 13, 1984, has been removed. The aforesaid document signifying the removal of the. described restriction shall be executed and delivered to 70 West Business Center no later than thirty (30) days after -- the signing of this agreement. 15. The City of 4dheat Ridge will give the Colorado depart- ment of Transportation the necessary documentation that the prob- erty known as Parcel C is not necessary for use as-a public high- way, is within the City boundaries, and will not be placed upon the City street system and, therefore,-should be abandoned and conveyed and deeded to the adjacent land owners of 70 West Busi- ness Center. 16. That curb cuts on the relocated Youngfield Service Road shall exist as shown on the construction drawings, and shall be constructed within the City of Wheat Ridge construction project for the relocated Youngfield Service Road. The aforesaid curb -4- cuts may be adjusted, at the sole expense of the property owner, at the time of the filing of any final development plan for de velopment on 70 6Vest Business Center upon approval by the City of GVheat Ridge which approval shall not unreasonably be withheld. approved as to form: /,'/, , ~ i John E: Hayes -' City Attcrney City •of Wheat Ridge Colorado at\t~es\t: ~~7q~~~?, Wanda Sang 4 1. City Clerk ~ ,~ City of Wheat t'.dge Colorado Department of Transportation State of Colora by: ~ ~ (~~ Robert L. C ewenger, ~~ Chief Engineer ~y ~fj , ~ a Timothy J. 's, Chief Clerk -5- City of Wheat Ridge, Colorado by _ ~a-I ~ L~/, _,_,~ ~• Ray J. bVer, J~ Mayor City of 4dheat Ridge Colorado Department of Transportation State of Colorado by !/, ~/t~~/ 70 fives/t Business Cente ~~T Dwain R. Richter _~ by ~~~L/ / ~r.,c.ii li( ~1~ j7~ Virgins, L. Richter e - 8 L - it CHD = w w~E 0 700 50 SCALE: i"=100' PARCEL "A" 47,282 S.F, 0.948 AC. R ~ 1 L - 5 HD = PARCEL "A" (PROPOSED RIGHT-OF-.WAY) . ~ e - zs• sr oa' IN R - 175.00' 52" \ L - 91.2]' o CHO=S ]5'24'36' E ~ CHD - 90.20' _ Iwo 7436' t 4" E \ - - \ LOT 1 _^~o 1 ~ -- -- Im 00" 32' 12' I / / / 180.12 ' ' I / / % 39 0 89 25 50' / / /~ / / / I / / /8 89'/.)9/00%Wi / / / / 223.60' / / / 5 00 21' 00' E, 1.60' / / I I / / 0=83'37' 42' I L = 1824 0 ' / 6 CHD=541'01'39" W I I / ~ CHO = 113.34' __ - -_ _ -_ I i 70 ~ WEST 12s s'~ 2s, I BUSINESS CENTER I / I I 3 / W I I ~ tt tVI 1/ (V o ~. I mo: < a o~ I LOT 2 I I I / ~ / LOT 7 ly / / I lu ~ I i IS / ~/ £ i / / I------ --I I / / e = 23. 130• DD" I / / R 75.00' ' L 30.76 / CHD = 5 17 32' 12" E ' 1 CHD 30.55 10.91' " I 2 / N 1 I e-+ ~ ° N T ~ I ~ / N I ~' ~ "' LOT 3 I n = 23 30' 00" R = 190.OD' L - 77.93' II ° ~ /F R = 125.00' L - 51.27' I CHO = N 1T 32' 92 CHO = 5 12' 32' 12" E CHD 77.38' ~ / CHO = 50.91' _ N 00' 47' 12" W 27.08' / / / / r S OD' 47' 12" E r 21.76' 89' 38" 00" W 32.60' Q 0 W Q w w c.7 z ,~ e 54' 32' IO" _ J R = 26.50' L - 25.22 ~ / / ~ i 5 42' S4• 31" E CHD = N $6' 28' S3" E / ~ 38.69' CHD = 24.28' 46.13' _. _. - ~~ ~6, ~, ~ y~661S28' ,-. ~ ~ S 89' 43' 30" W P.O.B. WEST QUARTER CORNER PARCEL "A" _ _ SEC. 29, T.3. S.,R.69 W., 6TH P.M. _ _ I ~ I OFRASIER ENGINEERING CO. ENGINEERS & SURVEYORS I Z I Q 70375 E. HARVARD, SUITE 207 Z ' ~ DENVER, COLORADO 80231. -. i--i (303) 751-9151 \70W8C\PARCELA N 10-27-9i 2-20-92 4-OJ-92 WEST 32nd AVENUE - - - -1 - r-' - - - - - - - I E-~ I PARCEL"A" (PROPOSED RIGHT-OF-WAY FROM RICHTER) DESCRIPTION A strip of land situated in, over and across lots 7 and 2, 70 West Business Center, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south Iine of said lot 7 whence the southwest comer thereof bears S. 89o 43' 30" W. a distance of 100.87 feet and whence the west quarter corner of Section 29, T. 3 S.,R. 69 W., of the 6th P.M. beazs S. 86~ 14' 07" W. a distance of 661.68 feet; 1. Thence S. 89~ 43" 30" W. along the south line of said lot 7, a distance of 46.13 feet to a point of nontangent curve; 2. Thence northeasterly along a nontangent curve to the left having a radius of 26.50 feet and a central angle of 54~ 32' 10" an azc distance of 25.22 feet, the chord of which beazs N. 26~ 28' S3" E. a distance of 24.28 feet, to a point of tangent; 3. Thence N. 00~ 47' 12" W. a distance of 27.08 feet, to a point of curve; 4. Thence along a curve to the left having a central angle of 23~ 30' 00" and a radius of 190.00 feet an arc distance of 77.93 feet, the chord of which beazs N. 12~ 32' 12" W. a distance of 77.38 feet, to a point of tangent; 5. Thence N. 24~ 17' 12" W. a distance of 36.97 feet, to a point of curve; 6. Thence along a curve to the right having a central angle of 23~ 30' 00" and a radius of 125.00 feet an arc distance of 51.27 feet, the chord of which bears N 12~ 32' 12" W. a distance of 50.91 feet, to a point of tangent; 7. Thence N. OOo 47' 12" W. a distance of 280.46 feet, to a point of curve; 8. Thence along a curve to the right having a central angle of 86~ 46' S2" and a radius of 125.00 feet an azc distance of 189.33 feet, the chord of which bears N. 42~ 36' 14" E. a distance of 171.74 feet, to a point of reverse, nontangent curve on the northerly line of said lot 7; 9. Thence southeasterly along the northerly line of lot 7 and lot 2 along a nontangent curve to the left having a central angle of 290 52' 08" and a radius of 175.00 feet an arc distance of 91.23 feet, the chord of which beazs S. 75~ 24' S6" E. a distance of 90.20 feet to a point of tangent; 10. Thence N. 89~ 39' 00" E. along the north line of lot 2 a distance of 180.12 feet, to the northeast corner of said lot 2; 11. Thence S. OOo 30' 00" E. continuing along the boundazy of said lot 2 a distance of 17.60 feet; 12. Thence S. 89~ 38' 00" W. continuing along the boundary of said lot 2 a distance of 32.80 feet; 13. Thence S. 06~ 31' 00" W. continuing along the boundary of said lot 2 a distance of 7.95 feet; 14. Thence S. 89~ 39' 00" W. parallel with and 25.50 feet south of the north line of said lot 2 a distance of 225.60 feet; 15. Thence S. 00~ 21' 00" E. a distance of 1.60 foot to a point of nontangent curve; 16. Thence southwesterly along a nontangent curve to the left having a radius of 85.00 feet and a central angle of 83~ 37' 42" an azc distance of 124.06 feet, the chord of which beazs S. 41~ Ol' 39" W. a distance of 113.34 feet, to a point of tangent; 17. Thence S. 00~ 47' 12" E. a distance of 270.39 feet, to a point of curve; 18. Thence along a curve to the left having a central angle of 23~ 30' 00" and a radius of 75.00 feet an arc distance of 30.76 feet, the chord of which bears S. 120 32' 12" E. a distance of 30.55 feet, to a point of tangent; 19. Thence S. 24~ 17' 12" E. a distance of 85.97 feet, to a point of curve; 20. Thence along a curve to the right having a central angle of 23o 30' 00" and a radius of 125.00 feet an azc distance of 51.27 feet, the chord of which beazs S. 12~ 32' 12" E. a distance of 50.91 feet, to a point of tangent; 21. Thence S. 00~ 47' 12" E. a distance of 21.76 feet; 22. Thence S. 42° 54' 31" E. a distance of 38.69 feet, to a point on the south line of said lot 7; 23. Thence S. 89~ 43' 30" W. along the south line of said lot 7 a distance of 50.95 feet, to the point of beginning; The parcel described above contains 41,282 squaze feet, or 0.948 acre, more or less. Bearings are based on the plat of 70 West Business Center. Prepared by: Frasier Engineering Company October 22. 1991 Revised April 3, 1992 Job No. 3902-013 P111~,CL~L "13" (PROPOSI~D RIGt~II'-O1'-WAY) ~ R ~ ~.25.90a 20° L 7.98' Cif = 7 97T 49' 20" E LOT ]. \ ~~ 00' 21' 00' E. 1.00' N \\ 714.05 .,BE : I I i 0 II / 50 I SCALE: I"= 100' I I I I I . II, 1 I i I I I , I I I I i m~ I ;; I ~' I ,h 7° ~ I 6/ h 1 5~ I ~ I _ I- - WEST QUARTER CORNER SEC. 29. T,3, S.,R.69 W., 6T}i R,M. N 49' S4' 1T E 58.65' ~~ T 9• oo" ~ea~~I~~< ~' PAR('EL "~" 6.211 S.F. _ _ A 79 52;108" - O,tAJ AC: (// R = 115A0 ~ J CIID 91 NJ75 24' S6" W / J CIiD s 90211' 1 ~0 1 wrs'r ,' I I I3USINII;SS CL1~1'I'I;R J I 1 ~ J I i i r V L01' 2 J LOT j ~ I J ~ I 1 ~ I 1 I I I 1 I 1 ~ I LoT s J i J I 1 I 1 i WLS'P 32nd AVENUI q 0 w 5 w q W r~ t~ z I'.0. B. PARCEL "B" - - - -~ ~ r - - - - -.- - - I ~ I ~FRASIER ENGINEERING CO. I Z ~ ~ EIJGINEERS & SURVEYORS 10375 E. HARVARD, SUITE 207 1 H 1 ~ DENV ~~•03) 75~~9151602JI 1 N I \76V1BC\PARCEL9 IO-22-91 2-20 92 PARCEL "B" (PROPOSED RIGIIT-OF-WAX FROM LA QUlNTA) I)FSCRIP'I'lON A strip of land situated in, over and across lot 1, 70 West Business Center, City of Wlteat Ridge, County of Jefferson, Slate of Colorado, described as follows: Beginning at the southeast corner of said lot 1 whence the west quarter corner of Section 29, T. 3 S.,R. 69 W., of the 6tlt P.M. bears S. 56~ 30' 14" W. a distance of 1152.80 feet; 1. Tfteftce S. 89~ 39" 00" W. along the south title of said lot 1 a distance of 180.12 feet, to a point of curve; Z. Thence continuing along said south line along a curve to the right having a radius of 175.00 feet and a central angle of 29~ 52' OS" an arc distance of 91.23 feet, the chord of which bears N. 75~ 24' S6" W. a distance of 90.20 feet to a point of nontangent, broken curve; 3. Thence easterly along a nontattgent curve to the right having a radius of 125.00 feet and a central angle of 03~ 39' 20" aft azc distance of 7.98 feet, the chord of which bears N. 870 49' 20" E. a distance of 7.97 feet; 4. Thence S. 00~ 21' 00" E. a distance of 1.00 foot; 5. Tltettce N. 89~ 39' 00" E. parallel wit}t aftd 22.50 Ceet ttortlt of the south line of said lot 1 a distance of 214.05 feet; 6. Tltettce N. 49~ 54' 17" E. a distance of 58.65 feet, to a point on the east Line of said Iot 1; 7. Tltettce S. 00~ 30' 00" E. along llte east line of said lot 1 a distance of 60.00 feet to the point of beginning; The parcel described above cofttains 6,211 square feet, or 0.143 acre, more or less. Bearings aze based on the plat of 70 West Business Center. Prepared by: Frasier Engineering Company October 22, 1991 Revised February 20, 1992 Job No 3902-013 PAPCEL "C" (EXISTING HIGHWAY RIGHT-OF- WAY) ~ I LOT 1 ~ I \ N \ W~E s I ~--- - -- I __ -- ~S 00' 21' 00" E - -' "' - 5 89' 39' 00" W 25.00' i _ i ~ . 25.SD' /~ _ - _ -- I / - _ ~ J / I / ~ / / / / i I 5 I ~ 89' 39' 5530' / / / / / 0 100 I / / / PARCEL "C" 50 I 45,176 S. F. 1.037 AC. SCALE: f"=100' _ i I / / / / WEST 70 / / q/ I ~ I ~ ~ BUSINF~SS CENTER I i i o i / /~/ I I I I //~/ i i / /~ LOT 2 / i~ iN I //~~' LOT 7 0 I ~ I ~ / / i q - w i / / I , I g~/w/ I ~ ---- - ~./rs.,/ w//~/ I I N / /~ I I ~ / ~o I i //,~"i I \ ~~ pl LOT 3 / /76's7 J i ~ ~I //// `= //// i 1 m / / / / I I //// I S 89' 43' 30' W 142.60' / / / 1 _ 4.88' ~ - - ~ _ 5 86' 33' 43~W, 7 PO B N89'43'30' E ' _ _ PARCEL "C" 29.00 - WEST QUARTER CORNER SEC. 29, T.3 S.,R.69 W.,.6TH P.M.- WEST 32nd AVENUE N - -t W r - - - - - -°- - I 1-~'I I I ~ I ~FRASIER ENGINEERING CO. I ~ I 0 ENGINEERS & SURVEYORS I ~-+ I 70375 E. HARVARD, SUITE 207 DENVER, COLORA0O 80231 Z 0 - (303) 751-9151 '--~ \70WBC\PARCELC LV 1a-2z-9I 3-11-92 PARCEL "C" (EXISTING HIGHWAY RIGHT-OF-WAY) DESCRIPTION A parcel of land situated in the northwest quarter of Section 29, T.3 S., R. 69 W, of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the southeast corner of lot 7, 70 West Business Center, whence the West quarter corner of said Section 29 beazs S. 86~ 33' 43" W. a distance of 724.88 feet; 1. Thence N. 89~ 43" 30" E. a distance of 29.00 feet; 2. Thence N. 79~ 09' S0" E. a distance of 194.52 feet; 3. Thence N. 06~ 31' 00" E. pazallel with and 76.67 feet east of the east line of lots 2 and 3 of said 70 West Business Center, a distance of 559.64 feet, to a point on the extension of the north line of said lot 2; 4. Thence S. 89~ 39' 00" W. along the said extension of lot 2 a distance of 25.00 feet; 5. Thence S. 00~ 21' 00" E. a distance of 25.50 feet; 6. Thence S. 89~ 39' 00" W. parallel with and 25.50 feet south of the said extension a distance of 55.30 feet, to a point on the east line of said lot 2; 7. Thence S. 06~ 31' 00" W. along the east line of said lots 2 and 3 a distance of 539.55 feet, to the southeast corner of said lot 3; 8. Thence S. 89~ 43' 30" W. along the south line of said lot 3 a distance of 142.60 feet, to the southwest comer of said lot 3; 9. Thence S. 00~ 47' 15" E. along the east line of said lot 7 a distance of 30.00 feet, to the point of beginning; The parcel described above contains 45,176 squaze feet, or 1.037 acre, more or less. Bearings are based on the plat of 70 West Business Center. Prepared by: Frasier Engineering Company October 22, 1991 Job No. 3902-013 Rev. Mazch 11, 1992 ~~~ ~ ,6,~-,c ~'rav a S S'A~-,~ Grp 1~.~ti~~~ W- ~• W. ~ ~ri ~ti ~~t -~uinrs-r~ `~~ McsL~ ~i t a ~, 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 February 2, 1995 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: 1. Case No. WZ-95-1: An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue. Said property is legally described as follows: Lots 1 through 7 of Seventy West Business Center. Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 2. Case No. WZ-9S-4: An application by Leroy Schroder for 'approval of a rezoning from C-1 to R-1C for property located at 5680 West 29th Avenue. Said property is legally described as follows: The East one-half of Lots 36 to 40, Block 5, Lakeside Resubdivision of Blocks One to Seven and North Half of Block Eight in the Original Platting of Lakeside; Subject to restrictions of record, together with improvements, also known as 5680 We 29th Avenue. t r dra Wiggins, S retary ATTEST: Wanda Sang, City Clerk To be Published: January 19, 1995 Jefferson Sentinel C:\WP60\pc\2295.phn ADD WEST 29TH AVENl,S so. sox e3s The~i'ty of L"!HEAT RIDGE. CO 8003a-0033 1303) 234-5900 -- ~Wheat City Admir. Fax a 23<-592= ?o!ice Dept. Fax ~ 2352949 ~Rldge POSTING CERTIFICATION CASE NO. f~~- -dS -~ PLANNING COMMISSION CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~~.~ . Z ~ ~~5~ I, residing at a c o r e s s as the applicant for Case No: _(~~- ~ ~ - ~ hereby certify that I have posted the Notice of Public Hearing at 13a~1 ,>J 32~ (1 o c a t i o nj on this ~9~ day of ~ ~~V ~/L~ 19 "I ~ , and do hereby certify that said sign has been. posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. n ame), ~ 2~" n Signature: / b'~N'" ° `- NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. M A P <pc>postingcert rev. 05-19-94 ~, h,.,,.,;~,,,., = O. 2CX c33 :iREP.- F_~v~. ~: 3C03=-Cc33 ?C3: 23LL :,_ ~:, ,::.y Aar. _ pax = 2J==592 January 19, 1995 -..'ice 0°0;. Fax ~ 235-Zr=9 The City o1 Wheat Ridge This is to inform you that Case No. Wz-95-1 which is a request for approval of a chancre of conditions on proper y-zoned planned Commercial Development for property located at _7._3001 West 32nd Avenue will be heard by the Wheat Ridge Flannina Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on February 2, 1995 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the Planninn COIfLmiS4i[~n As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform CJ k,. ~. ..Y r.., y Dear Adjacent Property Owner: If you have received this notice, you reside or own. property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered_ If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners. or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner d ~~ m w o z ~ > ~ $ ~ o p ~~ L " ~ °' nr °y h ~ ~ ~ ,O N w ~ (L 3 Z a °' n O N Q ~ .. d ~ m m m ~ D" - -3 ~~ Urv' Z o r CV ~ d ~ r Q F r E .E ~~ f ~a `m ~' ~ ~ ~~~ s n °m B~~ F ~ 338 ogE --I a ll j ~ (J S w.~ m n w m ~ o z ~ '~ ~ V- m m D ~ s h ryJ W LL y m ~ W = l.L ~ ~ W ~ ~ O n `n l ¢~ ~ w ~ a m T a U - ~~ V E ra a W U .> m 3 V ~ W U > _ ~ ' l~ 'z ~ o ' ~ ~ ~ lv( Kul J ~ m ~ ( m ~ ( W ~ m N a~ • - . .a 2 ~ ~ a ~ 1~l ~ m ~ l l ~ ~ ~ ~ Q~ 0 Q (n 0 ¢ Q ~ ~ Q ~ r ~ ~ ~ u a ~ _ ~ °; ~ ~ °; 5 0~~ e'1 5 i'a ~, ~a ."1 n 2 ~'a y ES t~ _ m ~ ~ E~~ w-a C .r p ~ w o s a a . -t ~ 9 a~ € y N W ,4PoI O Tf ~~ Y~ ~ y y • c G o'~$ r~ ~+~t 9 V IT o 1- 1 ~ ~`mF o°~- It Fi ~ R0 I v ~' 1 ~~~ ~~~ ~ ~ ~ ~~y ~~ _`? p' .4 ~ LS`~~ ¢ ~ V ©.p~~ p.~.` N ~ ~ n aa E E" m 1f IM` ~ ywi t y R '~ ic4c4~~<~~m¢ V r ! N ~~~$~P~9f~ j _ 'i c G y - - z - ~ I w U¢ w, ° N.( ¢~ ~ ~Y4Y 60 w ¢~ ~' I \ ¢ VQ ~ Y'f i1 C1 ~ UWR O F, W u W¢ U_ $ at ra I~rya C ~~ > ¢ 2 Q y.y Q.(~ a ~y w rr 6 _° «~` Ra ~ QZ ~ me ~~ ~ e M ca N ~ ~ ~ 2 = U Z N N ~ f f ~ I ~h0 2h2 Q'C6 d m m N E LL a WI LL ~I ~~ O LL1 aI w U ~I I ¢~ a w u W 0> 2 1 ¢ a 00 ~s LL oW °w i G~E~ O ° ~i~ v OJ O Q d U a ~ ~ ~ ¢ c h G"i H .~~ a n ~ ~ ar c ~• CJ as ~ r3 s ~ ~ U ~ s m a ~ ~ I CD ~ 'C,7 2 M ~ °'I • `n ~ ~ ~ E v i~. .. rn a E m ~ cd a I ~ ~ V w F ~ ° )S ~ ~ U¢ ~ _ } ~ R I N ~ • ~F ~ H i.~, ~ ¢'~ w~ O F w o 'C ~ V M I O> W a ~ o ~ ~ ~o ~ 4 x ~ ~ o ~ ~ ~ow == a$ °~ 0 ~g ~ o i 1 a m ~ ~ A: ~ ~ ~ ~ (h ~ ~ ~ `~ ~ t v J N'1 1 " f i1 ~ I O " M ~~ jj 7 O ~ t C Ai r W ( W c - - a ( ~ ~ ~ ~ ~ n o h ~ ~ e .- an .~! '~ a U S _9 r-F M L7 ~ fYe _~_ I W `m c ~ m Q T r E M J .m E m ~ in ~ d Q W Ll. U 0 LL a w V w at {S a W ~ V ~ ~G r+1 U !~ vi, C © (,? a ?.fl ~, ~ ~ r O ~ Li tv^ a"` L", ~ ~~' w q~ m ~ a hE0 2h2 B'C6 d= C QEO 2h2 8'C6 d. m - - - __..-. _ _ _ ~ F-.---_-. _ F ~, m y ~ a a x d >. °' m a w s n w ~c4jO om ~ U ~ ~ U '~ '~w a- w o a w a ~ o m p ~ ~ ~ ~ m °~ ~~ `~° s ~ ~~ Z ~ ~ a Z D , a .3 i ~ r`n n RJ LL ` m .aW F- LL aLNi L ~m¢tt ~4~ T ~ ~~rn ~~ Q W ~ Q~ ~ ~ >`4 Qm E _ ~ Q Q o Z Q" F- U .~ A6 ~ .-y ~ ~ ~ ~>~ (~ ? ~n ~i V U > y a Q (!J N -gyp ~ ~ ~ N .O 2 ~ ~ O J o ~ ~ ~ ~ Q ~ Q tag ~ ^ Q R ~ ~ Q ~ v € r W V V !~ of ~ f~ W £ o o c 4 a I E ~a~ y~ E8 5 Sim UN ~~~ of ~~~ ~ 4+ ewr.~r ~n r6 ~ C Y'a ~ rF u1 ~' `o ~.~.4 ~ f'Z r 'a ~ fib m eY. ~V'~^ m i v 5 ~~~ I ° `o S E Pa tT b `~ m `m ~ ~ I `m e.1 ~m p P ~= CP d C'1 t17 N E I~1 fEF ~ It? m E ; °~' '~ q o P'a a m ~ yj W w O a Q ri CJ m O ~ ~ amp md'o r¢3~a G N w{ w > > M ~~° 7i C[ r) ti > j M m m ea-" ~~daS °-' fV 4 CP c0 y E m Q t'{J Q ® m m E "' ~ ~ ~i>c4a`~a3~v ~ t+5 C7 Cfi ~ m ~o ~~ C7 n'1 t7 G'ti m ~`o ~ m a~ y•••~•••~~"+ N ~ a !'gym ~ a ui m f g a l a f o Q I y ~ ~ a w °a _ f7l f '~ F ~ wl a °` ~~ °i~ °~~ a I a~ 11 ~ w I w ~ U I w -- ~ w~ Ga' ° ~ W Ge W o _ _ ~o f w °° ~, ~-a ... ~~ w~ rt ,-, I w a o ~ € s a n ~ ~ ~ .. w w~ A .as c .. ~G z LL °~ .~.s o ._. ~ w w: I oo . a y, rq ~ a ~~ ~ ~ ~ c> .,. i o° $ ~' _~ ~". vi a ICi I ~'h LL " o 'W' t oo w ~° ~! fit .-) a_ Y k Rd O u7 I w a J ff r 3'~' ~ z ~ C J G5 ~ ~ Qn ~ 6 oz .~+ '+'~ ~ O: zi~5 c iz ~ o° o ~ ~ S _ 6 !: ~ ~! ~ ,~ ~ ~ a s ~ ~ ~ ro ~ I -- =Q~ ~ iw m chi ~ ~ ! _~~ w t~ m ~ ° ~w~ z ~ ~~ - -._.'--- d r a s rWn M a ~ w w ~w W ~~ to - w a a h ~ a II k ~ EEO 2hz Q'C6 d f hh0 2h2 9'[6 d ! 9E0 2hz 8'C6 d r I e ~ r a U n I E a g O W W U , O a W U w ^ ~y N x~z~ E > ~ ~ o 0 I 'a> m ¢ 'm ~ ~ m ;vo ~ ~ w N o m y~ E s t N N U RJ 3 i ° y n o N Q ~ ? n ~ I ~ C ^ ^ C Z ~' _.O ' N ~ N d O Q ~ E.E ~~ n $ ~a € ° 9a~ c ~_~ ~,.~ 5 ~m~ n ~Wt v ro i Q ~ a W ~ m LL ~ m a a i m a ~ a m ¢ ~ a U ~ N N -~ ~ • _o N ,. ~ (~ n ~ ~ a 2 O ^ ~ a a ~ c6 5 ~Q `o ~! m ,~. I L ~a2 ~~m ~ .., - ~ .~~~ ~ ~ ~ E~~ O v `o ~ nl ~ amm S4 4t o~~ pg3 ~ ~ ow x tJ ~ C F ~9 a LL A >l -°'~.g ~ 61 Q.' w r '-(yj ¢ N Q I d&~ . $c a Q K1 9 a m .-i » O4 a ~~~ V ~ "' ~, ~~a~ oa ., e~ \ U c W w ~~ w o> a ~° w a 3o LL >; Q~ w ° ~~ ~~ ~ o U ~S~ ~~~ i rt ~. Q U ro ~ ~ d V te a '} .~ N 4 ~ P{ M ~ M % L o w LL ~. __.- CL W U O I w H a w ,I U ~ W I O M 0 a 9h0 2h2 Q'I6 d. F _. _,_,I I U ~ ~ a W ~ ~ m ~ OC O - Z ~ I s ~ a ~ w I ~ ~ ,. , a a ~ f d ~ ~ T a ~ '6 h U t e a ~- n w " ~\ ¢~ f Z ~ o W ~ I N `a U _ ° y '~ ~'~ Q Q (n r O a O ~ I ~ ~ v v is cd i I I I I €~ c n I m "~`r t3 O ~+ '-! W o2 E -- - I R I + f Q u'f ~ 0. ~ n e~~ iY I ~ W Q1 N ~ .~ 0 o L7 Sri # N a d ~ N ~ I I M ~' . -! tt9 T3 O f^'3 yQ~y ryry ~ ~ ~ ~ y S;J iL m ` n a N D M j ~ In / \ (O ~~ Q 0 o~ ~w w 00 $b a V ~` a W W W~ Q 6 VI ~ o ~ C ~ a n ~ ~ ~ u R ~ ~ ~ ~ ~ ~ s rf £11 °(} ,K 01 i-i w m ¢~ S D n W y F- ~ ~ m i a W ~ ¢ ~ U hQ ~ ~ m N ~ J a = p Q O ~ ~ a i .~ m N ..{ `" a ~ E I ~' ` i!t a ~ i ~ r ~ I M a E w - LL 4 a C'. +g ti Ss '~"j V G L'+ w ~ ~ + i ~ t C a ~# 4 'K~ ~! ~ s1 ~ [ }J~ ~ L1°i e-! C7 ~s` \w ~ ~ w ~~ LL ~' `< ~~ LL aw w a f °_` o ~ ~~5~ o O ~ ( ~ a v (n r v ~ a I, a ~ h Lh0 2h2 8'{6 d 6E0 2h2 9.'~6 d C Q O OJ (7 a m `m O m 1= LL a g 0 w LL F- w U O LL a w U w - I ~N ~ ~ r n~ x ~ s >~a>_ ~ o t ~ ~~p, o ' ~ ~ ~ ~ m ~ w ~ ^~ E ~ ~ N L U ~ J 0 N 3'i a ~ a o h ¢ ~ ' E y N m ^ ^ C rl Z ~' ~ O ~ (V ~ U d . Q { k U r O O ~ C Crypp9mm ~ V1]> C ~ V ~S~ y ¢ 3 9i4 a~ ° m E Q` i `a _~_~ _~ ~~ ~; O ~ d e A W_ w °' w T U H N ~ i U N n ~ +a w ~ a~~ ~ c n ~~~ ~ ~ E s 2 ~ °.~ er+ ' $ o a~~a ~ ! , - d Q P s ,t e ~ W ` 'T ~ M •i iI Ch ~g °~ _° 5 c °m O °,~. N •-M~ E~~ ° ~ ~i " ~ ~$ mm~ ca - j ~ ir'1 w9c9 E'c ]: ma y l:! ~i N~~~P~~~`B CJ ~ I a~' ~ ow ~w w ~~~owo =e~ 0o w ~~ LL w Fy R o ~~ ~ O ~ ON ~ a ~ r w F a ~ w U w w w~ w a y ~a a a ~ y d N ,F N ~ J ~ Z G O W LL a w T e~ U ° i I~ I~ i ~ ~ m .-w ~. a n I~ ~ :: m ~ ~ !fl f ~! ~ ~ aqs t N Y_+ N _ ~ sy ~rn m C d ~ i .Y1 Ci ~ ~ ~ I d9 '~~, ~' M 1~ ~^Qt w ~, __ o ~M Cl iii ~ ~ Cn ~ri c6 a a o. N a J ^~+` `\ '\ w•. 'ao Iti.) d m. C i Q cd a ~ a w N (tl _ W N D ~ a m ~ y d ~ Q ?~ w U m '- '- 1 ~ -~ a , N U ~ ~ y., j ~ O ~ J n y o a o n ~ ~ .a .. u M ~ ~ ~° '~ 't3 Yi .i I m o M V C1 ~ ry a. ~ ',~ i as ~ a~ ro E D ~ SD .-0 ":3 ri » ~' ~ Li d ~ -. M [~ ~ c ;N s O l o ~~ c ~ W ~ a LLW-.I W LL li. o i ~~ _, .. W U U ~r LL I ~I \ LL \ O a I ~ aI a W ~ ~ w _. w ~ U o i ~ ~ u~ o~ ~ ~ mi`l' ~~ w~ ~ ~ oa ~ 4C r1 5 \ `~ aF ~` ® CJ 4`+ w ~ w z r~ G v °za z w i ( s~ t oo LL (~~.~y{ o Qw ~ ~ z ,e~,W~ °qS v J i~ O~ ~ O 3z t~k ~`~~ ~} p I a ~g ~ o z C O N p ~$ ~S ~ o z ~ ;'^d w! Ut p ma ~ ~ ~ s'~'1 is ~ p h ~'S L3 O ~ ~ ~ En ~ `~' ~ a o > ~ ~ ~ m ~ I z f- w Z-,°3e~' M (3 ~ O I ~~ w ~ 4f N ~ u ~ O ~ w U a U ~ ~ S~'I V" ~ ~ a ~ ~ ~ ~ a ~` ¢ ¢ m ~ q3 ri tiT Ai a -- ~ o .~ k i ~ Fi Fn e1 ti ~ Y{ f^i f " E N ( y H e-i jy {,Y 2fi0 2h2 B46 d_ 9fi~ 2h2 9'I6 d f ;~ `Ch0 2h2 B`t6 d Z W i ~: N m m m ~ f7J d ~ a T 0 m Q 0 ~o ~~ ~ a ~ nJ ~ i ° m h m E ~- W q U N W N W ' 3 ~ a ~ n H ~ m o o ~ E~ ~T ~ _ O ~ Z ~ (V N U ~ a > ~ o o a ~ E .E Y' NC ri ~ R d' _ h ego ~..r r n ~ ~' $s~€ m ='t~ n t~. ~~sC. f~- Via! !yes ~ / 1 ' sA F E ~35 o ~ (~?n .n^ r C ~ ~ ~ on~ .a .cr CD 60 ~~ ~ ~ F s @ ~~'~ ~'t `"~ 'rye . ~ ~.~ ° ~ ,a Sa \ m ~ 5~ _ody ~m3 ~ ~ ~ i ~ N°y~ ~P~ $ ~ ry y f ~ ~ W V .~ 1 E~Lgg` Oi ~ III m~a obn q ~ .~y ~ 41 iG N I t ~~~ E~ ° ~ r3 i.^I .iJ ~ . a 1 a opo ~ ¢ ~{ U} ~ N N q ~ m FLU cE ~f} ~ ~/ ~ ~ O p f 2UUp`~¢~~m~ P Y/ " m~~~3.e I __ ~~~ - 1~ . m I ~ s+~r G~ I oa C i ~ ' C~ I w~ F w s ~ m m ~ v w ~< ~ f'* ¢ W Q VZ ~ ~ V ` E~ ~ <g O .sti -.` oc w ~ d7 $1 ~~ ~ 8 ~~ U m R7 m o~~ w o ~ .~ i ~ i ~s ~ iz S r a ~ ~~ ~ , O oV W -~} M C = V ~ r ~ WWW^^^ W . U 1 ¢ Q ~ _ ~ ..r ,p. __ - _. s. a w Vii. a.j , ~ ~ i o fa'i r ~~ ~ ~ Z ~ N f ~ S b~v W J >•t i ~ n ~ n I-i ~ ri m F~ I ~F lL~ a N _ l ~ R M 'J O~ °a ~ ' A ~ U ~ ~ ~ z a ~ ~ M E ~ # H O? 9 '~ « a p ~ ~ 'P.'i •'i e-i ~ ~ "`r a c a ~. r i - a n ~ a W rn ~- ~ a a ° T > p tq m o > , U m ~ m d N U ~ ~ ~ E J m ~ a? ~ Q ~ a ~ m .. ~ N I~ ~~ F ~ w w ~ ~ w ~ o a ~ k o ~ r f ° o s ~ ~~ t I I. ~ Q ¢ ~ U ~ ~ F U °- ~~~ i { ~ Z ~ 0" ~a gC -1 I ~ ~ ~i ~ U7 ~ w Rti O ~ ~ ~ ~ t+1 Iu{ Eh0 2h2. QQi; d ro 0 W W U 1~ x .~. ~-! ,~. O P W C v °,an P`i ~.F '~ Q IV I i r wa ~~y T Y S M ~ E + li (~ a I Tl} C! h ~ ~ w p ~ U w art ma ! y W' ~ t ~ ~ ?'{ M ~ ~`'t, t+1 iRa' ¢~ o U w v W w °~ w a oa ~~ LL ~ oy w a ~ o ~ o o ~ a ~ d N6 U ~ ~ CJ ~ O ¢ U fn ~ r U ¢ d w w w a rc m 5E0 zhZ gq6 d,. a N c~ ~a N Q ~ y N h; ~ J 'o $ O Y . .f: --- !. -~ m m _ N U 0 E LLL a O W LL F W U O LL F a w U W (7 a w L +i~ N ... K N T ~ W N v ~ ~ C ~ > ~ ~ ~ N ~ ~ o ~ ~ N ~ N g ` ° ' aDi E ~- J N N V ~ 3 ` ~ m N n N a m O N ¢ ~ j ~ .O m g' ~ ~ ~ ^ Z ~ O ~ (V ~ ~a o ¢` ~ ~ ~ 2 ° g ~ - a~~ ~ ~~ ~4 0 u@ y x~~ n ~~~ a Q w a U.~ N LL \ m L ~)~ Q y U ~~ ~• n7( ~ ~ y ~ l~'~ a ~ ? ~ ~ -= " N Z o ¢ a ~ , a r m E ~3`0 °~ 9 ~ ' ~ ~ ~ ~ c n ' ~ ~ ~ }~~ ~ V Q ~0 y . ~ f 4/ nS Q 4 a 8i V ~t m ~ ~ N d [ d .p~vgi y ~ ~ ~ ~ N E N m m 2 '3 ~~~ ~~~ O ~ "~'~ ~ G1 ~ m ~~w a m ~ ! V ~ ~ ~qf C y~ Q ~ Q ~ ~m a ^4 a p ! ~E~ ~c¢. m 9 p ,,~~, I I r - N` tN~y ~~ ~ Q '~ ~ { {~gg ¢¢~~J 3 u 3 M ~ ~ _ ova W~~ °-' V ~ M V` {Z `° ~ E m_ w ~ ~+•••°•~•'o c d ui cd a s ~ t ~ o 0 d l1J ~~ LL' W j U [ ¢ ( O f ~ LL a _ w ~ ~ - '~ o a ~ c ~ wo ~ ~ n ~~ \ Q I ~p ~ a a~ ~ u °, " ~B ~o ~ ~ ~ f _ pN ~ O ~ JS 'A U M i ~~ ~ Z U I I m 1 ~ ~ ~ k M Q ~_~ z ~ ~ W w ~ u ' a R ¢ N u i 5h 0 __ 2h2 _ 9`[6 d ..... f` f •~~ Y _-. a ~`~ a ,: W -`:`'~u \~ ~ ~ ~'f ~ ' ~Ji ., n tii v0 802 yr ~ = m t 6. c ~ `(~ N \ ~~ y W9 ':~~'~ 'r .: .. t J'd 'U ~ ..y eAGr/l• 'Ei (~ .~ X U .~ W a II° ~ \ f ~r rl w +~ o ~ G~ N~ 60 w ~~ O ~n ~ o s~ U rn r' a ~ w d 1 '~ ~~ o N L'i ~ t ~S~ LL a N a ON ~ 4 N O N ~ ~~~~ M C7 (~' ~ ~ 2Oa u ~ 4~ I z a W ~ U /`~,he~~, oa/t- W c4i y4. //^I' ~~ r ~~ J~/ CS 4~ :~ ~•,P`'e /rS`'L`~ ~ U $ p ~ I r ~$C a 4`~~i`i`' ~(~ 0 ~L J~~ ~~ ~r ,~F aR.a o p'~, m r~Oc O wo ~q¢ z w O ~j J ¢O = U H N C7 W F- ~atl laenlati do 1FI~la 3ru d0 d01 ltl ki3N~LLS 3~tlld ilNtllklOdWl °" G' ~6A {)+ }~ Vy ~~~tt • S Mfr h G d,I Cy w 1~ ~ ~ .~{ ~ rrR f] it1 r r M G E ~ ~ ¢) ty+ +-k +~ r ~t ~ ~ ~1 J_ Q O w W U O u. a w U W O O m Q a LEO 2h2 9'L6 d Z° e' CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 2, 1995 DATE PREPARED: January 26, 1995 CASE NO. & NAME: WZ-95-1/70 West Business Center CASE MANAGER: Glen Gidley ACTION REQUESTED: Amendment to Final Development Plan & Plat LOCATION OF REQUEST: 13001 West 32nd Avenue NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge, 7500 W 29th Avenue NAME & ADDRESS OF OWNER(S): Dwaine Richter, 6565 S Syracuse Way, #1202, Englewood APPROXIMATE AREA: 10 acres PRESENT ZONING: Planned Commercial Development PRESENT LAND USE: Motel, restaurant and vacant SURROUNDING ZONING: n/a SURROUNDING LAND USE: n/a COMPREHENSIVE PLAN FOR THE AREA: Commercial activity center ---------------------------------------------------------- DATE PUBLISHED: January 19, 1995 DATE POSTED: January 19, 1995 DATED LEGAL NOTICES SENT: January 19, 1995 AGENCY CHECKLIST: ( ) RELATED CORRESPONDENCE: ( ) --------------------------------- ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN ( )ZONING ORDINANCE ()SUBDIVISION REGULATIONS ()OTHER (XX) NOT REQUIRED (XX) NONE ( XX) CASE FILE & PACKET MATERIALS ( )SLIDES ( XX) 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. Planning Division Staff Report Page 2 Case No. WZ-95-1\70 West Business Center DESCRIPTION AND PURPOSE The subject property was rezoned in 1974 to Planned commercial Development (PCD) and an Outline Development Plan was approved. (See Exhibit A.) In 1984, the owner requested approval of a combined preliminary and final plan and plat for the same property, in order to construct the LaQuinta Motor Hotel and a restaurant. The City Council approved that request, however, at the recommendation of the State High Department, Council added a condition that no development be allowed on Lot 3 until the developer, City and State Highway complete negotiations for the relocation of the Youngfield Service Road. (See Exhibits B-1, B-2 and B-3.) It is the removal of this added condition that is the subject and purpose of this request. The City and owner have had numerous meetings over the past ten years in order to achieve an acceptable realignment of the frontage road, however, the various parties of interest (i.e., owner, neighbors, LaQuinta, State DOT and City) have not been able to forge an agreement as to the location of the roadway. The owner designed a realignment proposal that we accepted, but then changed his mind. (Exhibit C) The owner then designed another realignment but could not acquire the ROW (Exhibit D). Then he asked the City to approve yet a third alignment (Exhibit E) which the City did by a signed Agreement, which agreement also provided that the restriction to development of Lot 3 be removed. However, due to legal issues associated with that final alignment, the City did not move forward on that agreement. The owner has subsequently filed suit against the City for alleged takings, and seeks to recover damages and penalties for the alleged takings. At the recommendation of our City Attorney, the Mayor and City Administrator have filed this request to remove that 1984 restriction. (Exhibit B-3) II. SUGGESTED MOTION I move that Case No. WZ-95-1, a proposal by the City of Wheat Ridge to remove a restriction on development of Lot 3, 70 West Business Center, pertaining to relocation of Youngfield Service Road, be recommended to City Council for Approval. c:\wp60\pc\wz951.sr ! CITY COUNCIL MINUTES: July 9, 1984 W ~- 84- ~a Pa~^ -5- Motion by Mcs. Snow that there be a restriction on the plat that there be no development on lot 3 until negotiations between the City, tY.e developer, and the State Highway Department, are completed regar.9i ng [he relocation of the service road; seconded by Mrs. Keller; ltr. Flasco requested Hrs. Snow to repeat the nation. Motion by Mrs. Snow that there bs a restriction on the plat that there is no development un Lot 3 until such time as the developer, the City of Wheat Ridgu, and the Seats [lighway Department complete negotiations for the relocation of the Service Road; seconded by lira. Keller; carried 7-1 with ltr. Hobbs voting No. Motion by ltrs. Snow the! the berm be continued on lot 4 directly to the south rather than dividing Lot 4 from the edjaeent residential homes; seconded by Mr. Wilder Failed 4-4 with Councilmembers Davis, Flasco, Hobbs, and Merkl voting No. Notion by Mr. Flasco chat the plan be altered so that the two detention ponds be solely on Chair property and in no way infringe on the Colorado Department of Highways Right-of-way; seconded by Mr. Wesct Failed 5-3 with Councilmembers Flasco, Keller, West voting Yes. Notion by Mn. Bnow Chet in lieu of the provided by the developer at 8 feet, on 2t seconded by Mr. West: Failed 4-4 wit klobbs, and Herkl voting No. park dedicae ion the sidewalk be eho east side of Lots 1 and h Councilmembers Flasco, Keller, ORIGINAL MOTION AS AMENDED CARRIED 8-0. ORDINANCES ON FIRST READING Item 4. Council Bill 135 - An Ordinance providing for the approval of reconinq from Residential-Two (R-2) to Reserictsd Commercial-ono (RC-1), with conditions, on land located at 4701 ' Wadsworth Blvd., City of wheat Ridge, County of Jeffernon, State of Colorado. {Case No. W2-84-1) (Leo F. Watson and Richard V. McKinley) Council Bill 135 vas introduced on first reading by Mrs. Kellen title read by the Clerk. Motion by Mss. Kellar that Council Bill 335 be approved on fir:t read-ing, ordered published, public hearing ba set for Monday, August 13, 1984 at 7:30 p.m. in City Council Chambers, Municipal 8::ilding, and if approved on second reading, Bake effect IS days after final publication: seconded by Hr. West; carried B-0. l i UNINCORPORATED .lEPFERSON ca.~rm Ot=t=i GI f~L ZONING Mf~~' WHE,°~T RIDGE GOLOR,°cD0 MAP ADOPTED: J~xie S, 1994 ~.. ZONE DISTRICT 80UNDRY - +~ARGEL/LOT BOUNDRY (DESIGNATES OWNERSiiIP) --•-CITY LIMIT LINE • DENOTES MULTIPLE ADDRESSES I /~~ ~--~ r---r11 N1~! 2~ SC.,~LE I'•.100 CH~hRThB17 OF PLANVIN6 A!D DE~80Pf•87f -235-784 UNINGORPORhTED ~F1=ERSON GOUNTY I ~ ~0 4esr a~ 1 i~!GD ~ I 1 ~~ ~ i 1 1 1 +~ ~ i ~GD SH~OPPIaN~6 O(,t R~ /J"~DMET(T ~ROPOSAL #L C~~ 161T SAL # 3 P~oPoS~L~-i ~EK44481(` N I O~~ ~ ~ ~ ~~ ZONE DISTRICT 30UNDRY ZONING M~~ ~ARGEL/LOT HOUNDRY Wf-~E~T Izl DG~ ~~ (DESIGN,4TES OWNERSHIP) ~- CITY LIMIT LINE GOLOR~DO DENOTES MULTIPLE hDDRE55ES MAP feDOi~TED: June 15, 1994 ~~ ~~Y l~ ~R~posE~ A~l~NJ~ENt 5 T ~ PUBLIC HEARING SPEAKERS' LIST CASE NO: Case No. WZ-95-1: DATE: February 2, 1995 REQUEST: An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED ~ ~ ~ !/~1 1. J7y}fcr1 ~.t-UtYLJtE rt7 !~. ~f7 ~( A~ +F~'~P~~ ~r ~ ~ ~ ~- _-- _---~x~a~T 6- L CITY COUNCIL MINUTLSt July 9, 1984 Page -4- Item 3. Application by Dwaine R. Richter for approval of a combined Preliminary and FSnel Development Plan anti Preliminary and Final Subdivision Plat for [ha Richter Planned Commercial Development, located at the northwest corner of iPe sc 32nd Avenue and Interstate 70. ~..-~~SCase No. WZ-84-10) (Dwaine R. Richter) Mr. Stromberq presented the case and showed slides and overhead transparencies showing the subject property and entered documents into the record, which were accepted by the chair. Speaking in favor of the , development and sworn in by the tdayoc were Ron Noisington, 3281 Alkire , Court, Planning Consultant, TIIK Associates,Inc., 40 Inverness Drive East, Englewoods Robert W. Felaburg, Division Vice President, PRC F.nginee[ing, Englewood; Dwaine RscFter, 2860 Aerry Lane, Golden; Alan _ Talus, Vice President o Mar eting or La Quints, San Antonio, Tex:,a. Speaking in opposition and sworn in by the Mayor weres EJ Wilson, 3125 Zinnia Street, Eugene Mauldin, 3195 Zinnia Street, Susanne Ourm, 1832 Union Drive, Lakewood, Pam Brumbaugh, 7165 Zinnia Street, koland 8rumbau h, 3165 Zinnia Street, Connle Mauldin, 3195 Zinnia Street, Linda h~oo~s, 1 50 W. 32nd Avenue, Frances k e, 11863 W. 27th Drive, Tom Gerken, 12980 Willow Lane, Ben S a er, 13000 Willow Lane, Carl Ei6eraer, rq-~Farview Lane, Betty Stout, 2 Zinnia Court, Sandra Sc oene'oeck, 14380 W. 30th Avenue, Janette Smitham, 3248 Zinnia Court, Mike Mabee, 3278 Zinnia Court, Ernie Mai'- ers. 13110 W. 31st Avenue. Their concerns included a commercia ui ding in their all-residential neighborhood; safety of school children going to Manning Jr. H1ghr traffic on 32nd Avenue backing up; transient people driving in and out in a hurry; neon signs in the neighbonc~odt an ezistiny 16 motels already in the immediate areas they also entered petitions marked Exhibit A) against this development into the record. Notion by lfr. Merkl that Case No. WZ-84-10, which i^ a request by Dwaine R1-firer for approval of a combined preliminary and final subdivision plat and commercial development plan for the Planned Commercial Drvalopmene district located et the NW corner of I-70 and west 32nd Avenue, be approved for the following reasons and with the conditions stated. 1. Ail requirements of the Subdivision Requlatfena and Zoning Ordinance have been mot. 2. The propose l• are in fuli compliance with the previously epproved Richter Outline Development Plan. 3. All service utilities indicate an ability to service this development. 4. Planning Commission and Staff - recommend the approval of the Preliminary and Final Development Plan and Plata seconded by Hr. Davis. Motion by lira. Snow for an amenJmeiit chat the western boundary of lot 1 moved 40 feet to the west so thnt indeed lot 1 meets the requirement of C-1 district; seconded by lfr. Flastro. Mrs. Snow clarified that it is only the portion that falls onto lot 6 not any encror.chment on lot `+i still Seconded by Mr. Flasco; Motion by Mr. Bobbs to suspend the Council Rales of Order and procedure and go past 11x00 p.m. and FS.n ash the agenda in its entirety; seconded by Mr. Wilde; carried 7-1 with l:r. Davis votin3 No. Hrs. Snow's amendment carried 5-3 with Councilme®bers Da is, Hobbs, and Merkl voting No. ~ + •` ~ -r--_. ;, ~C NAB IT • "~, t ~ ,.;~ ''.~ ~~:,••~:'.', AFFIDAVIT of CORRFCTIOtd ~: ~ 7 t ~~~ ~~ -~ Y:.,:, Clerk & Recorder ~. ~ Je££erecn County ~~~ '~ ~ 1700 Arapahoe Streat _ ' Colden,Colorado 50419 i, i. ~\ . ~' i• /~ Subject: 70 •r7est Business Center Plat Wheat fudge, Colorado '1 ~ ... Doarl~fadarn Clort::.~ .... ~ ~. .. ' Pleaso be advisod that the subject plat was recorded on ' August,1954 at Boai:_72_ and Pao ~~YD.7G3G6 the records of Ju££arson County, olorado. ~-'Q It ii tho irtsnt of this affidavit to amend tho subject plat to add tho followLrg resorvations ' T!r0:~e 'is a restriction Chat there is no dsvalopement on Lot 3 vatil Bich time as ti,e developer, the City o£ ldhoat Rid~O, and tRe State Rigkn+a;~f Department complete negotiations for tno rslxsLio~~r of the Service Road as reouirad by the Yn:eat Ridge Ciiy Council :roaring o£ July 9,1904• ' .. '', • Signod~ 1~~' ~•' Dwaine H. cuter weer ' ~ 70 Ylest Business Center 4 N'i 1~ f state or COwi{ADO ~ ~) ss ' ~°. ,: ~ /,,. ' 'iiio fore oin~;~instruaont was acl:nowledgod before mo ti,is ~_ ~- d~r of 3uguat, 1954 by Deralpo R. Richter. . ~ 4/~-i ? /o ~ 19 ivy cca,ni scion expires'' ;litneos :ay lu»;id and o££icia-. seal. Alm-++,cc..~ '~~LtCA.'' __ iotary Pub is ~ Gtr, ~.f~, e~.00 Address ~ r~r~. %~ `• r ... ;'• L ~~~.' .. •p.Y........... ~ ••; . t, r r tv Development ,. Charles li. romoerg -,+.ty +. ~~~ ~ .,. ~6 ifs - ,.'RECEPTIOH'NO 0.4Q>6367'~~ ~. Oa/13/84 10.20" 3:C RECORDED IN ' COUNTY OF .IEFFERSON~ :~ STATE OF t:.OLORADO '- ..: 5~:. . y,i; `,: .. ~~ s ~~0•~S SCALE i- ~ 40' COLORADO HWY DEPT. R.O.W. LINE BK. 1952. PG5. ZB3-286 SC6'3T3G^ly 7"OUNGFIELD FRO NTAGE ROAp A ~/ 1 m ol-E _ P.0.6. N to NORTH LINE L0T f , SOUTH LINE ... LOT 16 \ LOT i6 ~ n LOT 1 0 a ~ 70 WEST BUSINESS CENTER ROXBURY GARDENS D p PARCEL n AREA I I ~~ P9,19'S S.F. ~ U.SEI At. u 0 c: M lT 1 Z 1 PUBIlC UTILITY k IRRIGATION EASEMENT -.} 544'25'54"W S LOT 6 REV. 9.30.89 fi ; .-, . ~ , ; ~ _-._. i \ II ~? P 7/ ~f ~ ~ ~ 1 ~ BU XASF, 7II ~ ~ , ~I I / . ; ~ _, ,- , I ` , I I \, ~ ( „ : ~ Y ~ ,~ : L ' JEFFERSON COUNTY ~ b I I ~ 1 I ~ E%IS71NG SINGLE FAMILY y _ _ W N _ \ '. Ri-A B'1 a ~ i 9A ~ I 1 1 1 s 0.1 w I ~~~ ~ ~ \ ` "' --I STREET TO W,+ ]1N ]YF. BE CLOSED , m ~ ACCESS ~ _ ~ ~. ' 254,350 S.F! , ~ ~~ ~ , 5.88'AC. U ~ l a I 1 Ni ^ ~ W ~'~~ ~ I ~ i , '' Dom. A g a I: / ~' ~~ ~ a ...~ ,~.••~Y .~ was a~'~ :' ' J C G J W tl U C ~ (~ .. \ -..._ dr., .-.:.Ym + :- rv : 'L"~ ~ U u LL ~ ¢ n 71,5553.F. 1 66 AC2~ j „ .. . . v E.uw. m 2 N ry. p . , _ O ~ • ;.; :•" ; ^ ;:" -; "~ ~ w \ ACCESS , , • „, ,, •., N ~xp9n~ ~ ~ ' ~~ - Y .. 1, ~ ~ I ~ ~ ~ ~ / ~ / ~ .. rr ... ~ / e . • .. :::':sue >_ ' . . .. ~»: .. ~ \ ACCESS ~~ w•n....,... I .. _ ............. Y ~ _2 ~ ' ~ 11,980 S.F!- ~'' ^• ~ ~~ r 0.274 AC. ~ I I ,. sae ~ _ _ 6 _ .. _ j - - { . .WEST ' J ]iM IYFNNF ¢ w _ .Y • •......,-....,r... " ~ i EXISTING SINGLE FAMILY ? w c 'O""""0.i" ~ R 1,-A . JEFFERSON ~ ~+ COUNTY R 1-A ^'°^^• ~•' ~.."-..... - °'+ --• M%ISTING CHURCH e.-.I .....- •. a =, C ' w w.n.i. ~' n ., .«.•.n.. ~r._.r-. ~'.n ~+ m.. .4 µ uu~ .w... S. ' • ~ ..-. ,+. • Y .w,u u.,,w WoC~. Lu ruw ~,w.~ uw>r.u w.+~.l ui~ .na .. u e an .....rvM.mw au. r,n .u n..n ~ a ~~ rur ,iimn~er•ee [O] RI>;HTER ANNEXATION - wr+enr Rioce, co~oRAOO _ UUTLINE UEVELOPMENi PLAN l JEFFERSON COUNTY EXISTING AGRICULTURAL 20NING T-- "`~' ~ ~ ~ -s ,~ FErE:f~7I0Ft `K0, sya~a3~fi „,~''~H _; ,Q ; , `.~ ;~~~~~ OIi/13/04 iq Zq .' '. 3~.~:. ' ~ COUNTY OF .IEFFER30tV •' ~ AFF'IDAV22 of CORRECPIOI3 :i7A7F 4F L'.4LOFlAUO N ~ ~ ~ ~~ ~i~~e l Clerfi & Recorder ~ ~ '. -" / , Jeffersrir; County ~ ' . 1700 Arapahos Strset ~` d 80lt1 ,<..,. ` ~ ;, . a ~~ y i i e I '. i. Golden,Colora o 9 Subject: 7O Flest Business Csntsr Plat Wheat Ridge, Colorado ,: . • . DoaY• 3dadar; ~lor... PZeasG ba advisad that tkie subject plat was recorded on August ~,1:)8!t at Boal: 7`~ and page of tl;e records of Jeffarsor; Coun~y, Colorado. ~c dYo.7G3G6 It is the i~~tont of this affidavit to'amsnd thG subject plat to add the fcllowiug rasarvations Thsre is a restriction t'c',at there is T1J devslopemsnt on I,o'c 3 until such time as ti,e developer, tiro City of t•Tt,oat Rid£a, a;:d i;hs State Iiiglnaa;,~ Depar'tmert complete negotiations for tno rslocs~io;T of the Service Road as required by t're 1v'i.eat Ridi;e Cit;/ Council Soaring of July 9,1`i'F;1~. ` Dwaine R. R~.chter-Owner 7O Wsst Business Csnter M1. K fr 6~ ~ ~, ' Stats OF CULOi .ADJ ) SS , r r7~' 'Pi;e, i"urc;oinzr, •i*~strumo:;t was acl:nowlsdgGd tisiore mo cl;is ~~^' da;~ of August; 19511 b;; Do-raina R. Ricl:tex•. i,,, ;con;n~ °ioil ~ex}~iras`" ~?.~- ~~ G 1`> ;•dib:~eas :.,y 1 ~rad'a;;d official seal. ' ' . , . • , ; k~otary Public r t ~~ q ;~Y ~ i ^a i 6 . ?F , •..~ ~. Address „ ,~~c +-o'-f-r-a~, R ~' . ~:', ' , X~ Y l ' ~ h , 'a' tiy.; • N69'3sooC ~ ~ \ \ \ 32.60' G. ~3~. ~ ~ \ \. _ _- ~ __ - 00 ~~ ~ oo E N 83' 29 ~y ~ 27.l~1' \ 9GN.E In"{D' 23\ ~ a 94 'OC , \ g ~, s ., N ' 3 ~ i o \ y, a oa 3 4 a ' y ' , \ \ ' co e \ ~ \ ~ r•>o .~ e • 55.9i'Lb" ' ~ p s 59 X24 oOn Q ~ \ R. •'15.00 ZSg L a 32.30' ' 9> ~ ~' IL4.oo L e 125.41 p \ ?y p • 43 X29 BOA" ' R s 100.00' ' P.A.B. ~ ~ Sp Q • \ ~ \ 1, . Ioo.3a \ e~ ~t ~ \ ' >' d=ol'S474~ S9, J m \ ~ \ \ R • 34.00' ~4~ fi A ~ N s \ \ L •.2.S e ~Ce < • \ S ~ • ev s \ F~ ~ ~. ~~ .\ \ / °e 3 J ! O c ~ -. ~' a @ r . ~ S' ~ ~ c ti w X99 ~ °' ;- 0 ~ y ' ~ \ / N S ,0 5 0 m \ .. ~ , c , t / o ~ ~ g p . b4'43 1511 c • 65.oa' ry0 n L• 3a.5o~ q y) d • 44'47151 •b' ' X " / R• 115.00 ' 1 p=644 15 tl ' L • 130.04 ~ L•90.e0 \ l.•10 L37' ~ / / ~ do ~o N o0'43~151 v1 N (V '>c, 3o.c~' J fo.6. 2 n Bf A i 8> H ^/ o0 22' ~P ~~ ~ ~ S \ ~ O'' w I O VG \ N 6~ N , O ~'N M lQ c X44• P.0.6. .d 7 M O Y 0 S N. !jp N Y C )q, 3I r ~`~~~ a / u / d m' F ~~~ Color6 dol inc, w• 1/4 coc. acc.~ ~ ' ® T.ss.lc.6au. .IOP,~'s9aZ.oo3 ONF OE NVF.R IiI0111.AN05, IO175 F.. lIARVARO~ S111TF 907, OFN VFR, f.01 ORADO P0911 - I l - 8 ' 84. ~'~ --~~--~ SCALE i" 40' COLORADG HWY DEPT. ~ - - - R.O.W. LINE - BK. 7952. PGS. 283-286. - _ . 30"ly GFIELD FRONTAGE aoQ,ooj ROAD ` _ u io ~ai~E P.0.6. , 29.Er'' ' NORTH LINE - L0T i SOUTH LINE LOT 16 " LOT 16 •°o M LOT 1 ___- 1` o ROXBURY ~' ~~ 70 WEST BUSIAtESS CENTER :~ -' GARDENS '_ ' ~ "~~ PARCEL .~,. _, o AREA co .23,133 5.F ~ 0.531 Ac. Ill C: n'] tT 4i z ~ PARCEL AREA 1,269 S. F. .,W PUBLIC UTILITY & IRRIGATION EASEMENT . ,_,`~ i ~. - _ - - - /5 30 8' nNUO'4T7TW g- _-- `~ N00'30'00"W LOT 6 >:iEV. 3-30.89 CITY COUNCIL MINUTCSs July 9, 1984 Page -4- Item 3. Application by Dwaine R. Richter for approval of a combined Preliminary and Final Development Plan end Preliminar}• and Final Subdivision Plat for the Richter Planned Commercial Development, located at the north•.rese corner of Weat 32nd Avenue and Interstate 70. ,,...-~~~(Case No. WZ-84-10) (Dwaine R. Richter) Mr. St romberg presented the case and showed slides and overhead ' transparencies showing the subject property and entered documents int[- the record, which were accepted by the chair. Speaking in favor of the development and sworn in by the Mayor were Ron Hoisingcon, 3281 Alkire Couzt, Planning Consultant, T1tK Associates, Inc., 40 Inverness Drive East, Englewood; Robert W. Felabur Division Vice President, PRC Engineering, Englewo~o ;j Uwaine Richter, 2860 Rerry Lane, Golden; Alan Tallaa, Vice Presideni o Har ettny or La Quints, San Antonio, Texas. pea tng in apposition and sworn !n by the Mayor were; Ed Wilson, 3125 Zinnia Street, Eu ene Hauldin, 3195 2lnnia Street, Susanne Ourm. 1.632 Unton Drive, La ewoo Pam Brumbaugh, 3165 Zinnia Se rent, koland Orumbau h, 3165 Zinnia Street, Connie Mauldin, 3195 Zinnia Street, Lim nda h_ooPn, 050 N. 32nd Avenue, Frances H e. 163 W• 27th Drive, Tom GOer en, 12980 Willow Lane, Den S a er, 3000 Willow Lene, Carl '~5eraer, T43~U Farview Lane, Betty Stour, ~~ Zinnia Court, Sandra Sc oeneuec , 14380 W. 30th Avenue, Janette Smitham, 3248 2lnnia Court, Mike Mabee, 3278 Zinnia Court, Ernie Mat' ere. 13110 W. 31 at Avenue. Thear concerns included a commercia ut dtng in their all-residential neighbo[hood; safety of school children going to Manning Jc. High= traffic on 32nd Avenue backing ups transient people driving in and out in a hurry; neon signs in the neighborhood: an existiny 16 motels already in the immedieta area; they also entered petitions marked Exhibit A) against this development into the record. Motion by Hr. Merkl that Case No. WZ-84-10, rh ich is a [aquas[ by Dwatn~e~chter for approval of e eanbined preliminary and final subdivision plat and commercial development plan for the Planned Commercial Dr velopment district located at the NW twrner of I-70 and West 72nd Avenue, be approved for the i following mesons and with the conditions stated. L All requirements of the Subdivision Requlatic~s and Zoning Ordinance hove been mat. 2. The proposals era in full eamplience with the previously approved Richter Outline Development Plan. 3. All service utilities indicate an ability to service this devA lopment. 4. Planning Commission end Staff recommend the approval of the Preliminary and Final pevelapment Plan and thstwasterndboundary•of lot•l ~tmovudy40rfeetn to the wescroso~that that indeed lot 1 meets the requirement of C-1 diatric[; seconded by 11 r. Flasrn. H[s. Snow clarified that it atilllsecondedrby Mr.hFlascals onto lot 6 not any encro+.chment on lot 5, Motion by Mr. Ftobbs to suspend the Council Riles of Order and procedure and go past 11;00 p.m. and Fl.n ish the agenda in its entirety; seconded by Mr. Wilder carried 7-1 wieh !:[. Gavia votla3 No. Hrs. Snow's C amendment =arried 5-3 with Councilmeabera Da is, ilobbs, and Merkl voting No. ,f a - ~ CITY COUNCZL MINUTESt July 9, 1984 Motion by Hrs. Snow Chat there be a restriction on the plat that there be no development on lac 3 until negotiations between the City, ti:e developer, and the State Nlghwey Department, are completed regarding the relocation of the service roads seconded by Mra. Kellers Nr. Flasco requestJd Mrs. Snow to repeat the motion. Motion by Mra. Snow chef there be a restriction on the plat that there is no development on Loc 3 until such time as the developer, the City of Nheat Ridge, and Cite Stetc Highway Department complete negotiations for the relocation of the Service Road; seconded by Hrs. Keller; carried 7-1 with Mr. Hobbs voting No. Motion by Mra. Snow the! the berm be continued on lot 4 directly to the south rather than dividing Lot 4 from the adjacent reaideneial homes; seconded by Mr. Nilde; Failed 4-4 with Councilmembers Davis, Flaaeo, Hobbs, and Merkl voting No. Notion Dy Mr. Flasco that the plan be altered so that the two detention ponds W wlely on their property and in no way infringe on she Colorado Department of Highways Right-of-way; seconded by Mr. Neat; Failed 5-3 with Councilmembers Flasco, Keller, Nest vocing Yes. Motion by Hrs. Snow Chet in Lleu of the park dedication the sidewalk ba provided by the developer at R feet, on Cho east side of Lots 1 and 2J seconded by Mr. Nestr Felled 4-4 with Councilmembers Flasco, Kellar, Eiobba, and Merkl voting No. ORIGINAL MOTION AS AMENDED CARRIED R-0. ORDINANCE3 ON FIRST RGDING Item 4. W ~- 84- ~a pa~^ -5- Council 8111 135 - An Ordinance pcovi ding for the approval rseoninq from Residential-Two (R-2) to Restricisd NaodseworthlBlvd., RCity~ofiylheetnRidge~sCOUnty o! Jefferson, Sut• of Colorado. (Case No. NZ-B4-1) (Leo F. Natson end Richard V. McKinley) of 401 Council 8111 135 was introduced on first reeding by Mra. Keller; title read by the Clerk. Motion by Mrs. Keller that Connell Bill 135 be approved on first rea~g, ordered published, public hearing be set for Monday, Augwt 13, 1984 at 7.70 p.®• Sn City Council Chambers, Municipal finalipublicationrpsecronded by MzndNest di carriedeBeOf fact 15 days after ,. ~ _ , ':, _ fiECEpTION "NQ, fi4Q7b3~7;:~ yR _ - Ott/i:ili34 1A:2Q ~ ,_3;fl si :;~ - couraTY of .IEFFt:r<sort ^~ AFbTDAVTI of CORI2ECTT!)IJ gTOTf: OF" C~rLORRDO .i .._ p:: Clerk & Recorder _ ~'r / Jefferson County 1700 Arapahoe Street -° Golden,Colorado 50419 Subject: 70 Trlsst Business Contsr Plat 4ihsat Ridge, Colorado Doax• ,3adam Clvr:c: ~ri .X 9 -. ~.` ,~ ~`. z4 ~= Please be advisad that the subject plat Baas recorded on August /~. ,1:1811 at Book: 7,~,,, and page of file records of JeffsrsorY Courx~y, Colorado. ~(' ~fo~7G3G6 It is the iatortt of this affidavit to amend tkiG subject plat to add the follocriYZg reservations There is a x•ostriction chat 'chere is no developsnsnt on Lo'c 3 aatil such time as tine developer, the City of 4lEreat Ridga, and i;lie State Iiigkrra;,T Department complete negotiations far tnv rslocalioir of tkzs Service-Road as reouirod bTj' the Sv'Y.eat Ridge Citf Council hearing pF Jul. 9,1`i'Fils. Signed 2~~~GL ~f%~h:~[.c~-L„ Ihraine R. Rickiter-0wrier 70 4IGSt Business Center State OP COLOc;.ADJ ) SS v 1 Yle 1 ~rf~Ul.nL; ~ 2tiStY'llffi0iit Was aci:nOtaledged bOf Orb 1130 'ukilS ~~~ _- da ~ Oi A~F~ast, 1S'84 b;; Drra:inG R. ?ichter. i J ._-.. ... .- ... ~Jitilf,.^=3 :i)j/ k:.wl~d alid official, seal. - ii •- ~a7 ^i ssio'z-- expires ' ,_ y :?.3- ~3 G 19 ,/ /,, / kiotar;,T P=ablic -;~. ' • Address ,, ~' ~0 •,,, i // ~ ~~ Ada /S :• 'S ,. '~ ', 1 NDC. 39.,°'9" 3~+0 '•. 0 P O • 55°51~2v1 R• tS.aO' zgg La i1.'!o' .y~~ p z 6t °L9•~ ' y 4 100.00 L a IDO.43~ pc m'SO F a t4.00 L + 2.45 -j. :+ 5 Q. J ~\ / N ~\ \ ,.,, ~I ., p + r~4'4i Ici1 0.a IIS.oO' L = 13 o.a4~ `// ~` q a~~ W. I/4 cnc. a.cG / 9 111~~~ ^ /,____ Y colors d°~ inc. T. 3 S. I R. L9 W. OHF Of. NV F.R IIIGHl.nNO^+, 10375 F. HARVARD, SI)ITF 707, OFNVFfi, f.01 OR~DO P0931 \ ; J~ J o- N \ N I 3 // 0 .an 0 ° / N .1n~. ~'i°la2.003 Il-b~aq- --r ~ 1iQO1~ e \ Scxe 1i1-4o' S ~ ~ I~ OL . ` ~ ~` 3„ o~ .i ty \ 1', ~o R p s 5t'29~°011 ~ ~p 2• ILS•00 L 4 115.41' ?y ~ ~ ~ So • \ ~ \ d ~ \ \ ~ ~ A9N ~ Planning Commission Minutes February 2, 1995 Page 4 Mr_ webs er stated he didn't really believe it would affect his property. Personally, he thought the residential zoning would be preferred,- because the area is residential in character. His concerns were that an industrial-appearing building was located on the site; and he was also concerned about the possibility of mass rezoning that could take opportunity away from small businesses. Chairperson ECKHARDT reiterated that the mass rezoning was not being considered at that time. He explained that the Commission had discussed doing mass rezoning to bring certain areas into conformance with the Comprehensive Plan. He elaborated. A great deal of neighborhood input would be sought before proceeding. with any sort of mass rezoning. Mr. Webster stated he had sought a small business location for a car wash. The problem he encountered was that those locations available were on very heavily travelled streets. He added that he did not want sites suitable for small business to.disappear. Commissioner LANGDON asked Mr. Gidley if he had many recent inquiries about commercial in the area of the subject site? Mr. Gidley stated only one and that was for an auto body shop. He elaborated about the broad range of uses allowed in the C-1 zone district. Commissioner LANGDON stated the Commission is concerned with keeping business alive and well in Wheat Ridge. He informed those present that an economic development coordinator had recently been hired by the City to aid persons wishing to locate in Wheat Ridge. Commissioner LANGDON moved that Case No. WZ-95-4, a request for rezoning from C-1 to R-1C by LeRoy Schroder for property located at 5680 West 29th Avenue be Approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. 2. Case No WZ-95-1• An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue. Mr. Gidley presented the staff report. Entered into the record and accepted by the Chairperson were the Comprehensive Plan, case file, packet materials and exhibits. Mr. Gidley read into the Planning Commission Minutes Page 5 (~ February 2, 1995 record from Exhibit B-3, Affidavit of Correction which was recorded with the Jefferson County Clerk and Recorder's office on August 13, 1984 at Reception No. 84076367, regarding the 70 West Business Center Plat, Wheat Ridge Colorado. Chairman ECKHARDT reiterated that the question before Planning Commission at this time was whether or not to remove the restriction (as read by Mr. Gidley) on Lot 3 from the subject plat. Commissioner CERVENY asked if Public Works Department/Planning Staff had a viewpoint regarding the connection of the service road? Mr. Gidley stated that development could function on its own with the interior drive system shown, provided that the signal at the service drive is relocated to Zinnia Street and eliminated from the Youngfield Service Drive location. He elaborated. Mr. Gidley added that if the signal is removed, all the trucks coming from that area will be forced to go west on 32nd Avenue. Commissioner CERVENY noted that discussion had been heard regarding the possible annexation of the incorporated area to the west. His concern was that if this signalization is eliminated, the potential use of the property would be stripped. Mr. Gidley stated that removing the condition would not necessarily mean that the frontage road would not be relocated, nor would it be a condition upon the owner. It would not unduly restrict him from planning the remainder of his property. He was hopeful that the City could still negotiate with the owner regarding relocation of the frontage road. ~ . Norman_ROSS, 3146 Zinnia Street was sworn in. Mr. Ross was concerned that the public hearing sign had not been visible on the property for a few days. Mr. Gidley stated the wind had blown the sign down. The sign had been reposted this date, however, the wind had blown the sign down again. Mr. Ross stated he felt a more substantial sign could be posted. He added that he had not received notification of this rezoning. Mr. Gidley informed Mr. Ross that he was not an adjacent property owner, and therefore would not receive notification by mail. Mr. Ross stated he was very_concerned about the heavy traffic problem in the area. He opposed the removal of the restriction from the plat until such time as the location of the frontage road could be decided. Planning Commission Minutes February 2, 1995 Discussion followed. Page 6 Connie & Eugen Mauldin declined to speak at that time. Greer Pe„kowskv, 1600 Broadway, Suite 1645, Denver was sworn in. Mr. Penkowsky was representing the LaQuinta Inn. He added that he was desirous to find a solution to the traffic problem in the area. Mr. Penkowsky stated that a light was needed to assist the patrons of the LaQuinta Inn. He added that if a right turn only was allowed (as mentioned by Mr. Gidley), it would destroy LaQuinta's business. Commissioner LANGDON asked Mr. Gidley if he had said that should the signal light be moved to Zinnia Street, then right-in, right- out only would be allowed? Mr. Gidley stated that the State Highway Department has said that if the City doesn't do something to improve the situation, they would eliminate the light at Youngfield Service Drive, which, would force right-in, right-out. One option; he added, would be relocate the light to•Zinnia Street and to accommodate all of this development, including LaQuinta with a light at Zinnia ~ Street and a private interior drive system. LaQuinta has absolute rights to access all parts of the private interior drive. He elaborated. Commissioner CERVENY pointed out that should the restriction be removed, the requirement would remain that the City would still be bound to construct a revised service road. Mr. Gidley agreed with that statement. He elaborated. The land owner must gain approval for any development on the land. developedneingress anddegressatontheaestablishmentlmust1be maintained. Brad Braur, 3238 Zinnia Court was sworn in. He stated he was fairly new. in the neighborhood but was aware that the traffic problem was 20 years old. Mr. Braur was concerned that traffic and safety were being ignored. Chairperson ECxHARDT reiterated that the question before Commission was whether or not the restriction should remain. Mr_Braur stated.several workable solutions had been presented which would solve the various problems, however, the owner wants to develop the land in the most profitable way. He stated if the land is developed prior to solving the traffic/safety problems, then the City would be left with fewer options. Planning Commission Minutes February 2, 1995 Page 7 Chairperson ECKHARDT agreed the intersection was extremely dangerous. He elaborated. Mr- Braun stated he did not feel the neighbors, the State or tfie existing businesses had been unreasonable or demanding. He added that the owner. had not allowed.a road location which would satisfy all parties involved. Mr. Braun told of his concern regarding the possible right-in right-out traffic limitation. Commissioner CERVENY stated that he felt that elimination of the restriction from the plat would give the City additional freedom or bargaining power to direct an appropriate solution to the problem. Mr. Gidley reiterated this was a legal matter and the City was attempting to eliminate issues in order to position itself more thatrtheyfrontageeroadowouldnnot besrelocated~ and~the Cdd~ddoes have the power .of eminent domain. Mr. Braur asked if development takes place, might it eliminate one or more option? He elaborated. Mr. Gidley stated that many approvals must occur on the subject property. The only approval that would not be necessary (should the restriction be removed) would be the restaurant site on Lot 3. Otherwise, the owner would be required to gain approval through a process like this one. The, City can assure, through that process, that a proper corridor .is reserved. He elaborated. Eugene_ M~dyn 3195 Zinnia Street and was sworn in. Mr. Mauldin explained how he_ was affected by the traffic problems, in the . area,' living on the corner of 32nd and Zinnia Street. He was very apprehensive about the concept of right-in, right-out and thought it could only worsen a bad situation. Chairperson ECKHARDT reiterated that the traffic ,problems would not be solved that night. Commissioner WILLIAMS stated he wished verify with Mr. Gidley what the action before them would accomplish. Discussion followed. Commissioner CERVENY moved that Case No. WZ'-95-1, an application initiated by the .City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue be approved and forwarded to City Council for the following reasons: Planning Commission Minutes Page 8 ( February 2, 1995 1. The property is within the City of Wheat Ridge and all notification and posting requirements have been met, .therefore, there is jurisdiction to hear the case. 2• Approved Combined Preliminary and Final Development Plan indicates internal street access must be finalized if any further development is pursued, allowing the City input providing for proper traffic flow. Commissioner WILLIAMS seconded the motion. Motion carried 4-1, with Chairperson ~CKHARDT voting no. 8. CLOSE THE PIIBLIC HEARING Chairperson ECKHARDT called a short recess at 9:03 p.m. Meeting reconvened at 9:15 p.m. 9. OLD BIISINESS A. Mr. Gidley asked commission members if they would like to change their meeting time from 7:30 p.m, to 7:00 p.m. Commissioner RASPLICKA had suggested the possible change. Consensus was to discuss this item further when all commissioners can be present. B. West 38th Avenue Improvements Bid Discussion was heard. regarding possible savings ($500,000) on the bid for improvements to West 38th Avenue. Consensus was that Commissioner LANGDON call the Public Service Company representative,'-Lee Hill, and confer with him regarding the feasibility of utilizing these surplus funds to underground utilities on West 38th Avenue or some future major street improvement project. Commissioner LANGDON then will contact Chairperson,ECKIiARDT letting him know how to proceed. If it is feasible, Planning Commission will consider drafting a resolution recommending that Council go forward to install conduit the length of West 38th Avenue without delaying the project, and if that can't be done, then earmark those funds for undergrounding utilities for the next major street project. 10. NEW BIISINESS A. Senior Housing Commissioner LANGDON informed Commission of some articles he had recently read regarding senior housing options.- He suggested that Commission consider changing City ordinances to allow a residence to be utilized by the owner to house three to four NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on March 27, 1995 at 7:00 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: 1. Case No. WZ-95-2: An application by John and Julie Batug for approval of a final development plan and plat. The property is zoned Planned Residential Development, is located at 3701 Quail Street and is legally described, as follows: THE SOUTH 26.8 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE .NORTHWEST CORNER OF THE EAST HALF OF_BLOCK 12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOILSIDls SUBDIVISION, 768 FEET; THENCE EAST 165 FEET MORE OR LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; THENCE EAST 1319.8 FEET TO THE POINT OF BEGINNING'; THENCE SOUTH ALONG THE EAST LINE OF TRACT 12, BROOKSIDE SUBDIVISION 768 FEET; THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT 23.562 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF. WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. 2: Case No. WZ-95-1: An application initiated by the City of -Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue.. Said property is legally described as follows: Lots 1 through 7 of Seventy West Business Center _ Subdivision, City of Wheat Ridge, County of Jef~rson, State of Colorado. _-- ATTEST: Sa dra Wiggins. cr Wanda Sang, City Clerk To be Published: March, 9, 1995 Jefferson Sentinel C:\WP60\cc\cc32795.phn -=~u^ \~VEST 29TH AVENUE o. sox's3s The City of '',:NEATEIDGE.CO&0034-0038. _~.__ ~~ .3031234-5500 - ~~le1t G:y Acm,n. Fax a 234-5924 Police Dect. Fax a 235-2545 ~Ri dge March 13, 1995 This is to inform you that Case No. WZ-95-1 which is a request for approval of a chance of conditions on property zoned PlannPA ('ommerc;al Development for property located at ~.30g1 West 32nd Avenue will be heard by the Wheat Ridge c;+~, C'onn~;l in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7•p0 p.m. on March 27, 1995 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the (•; t~ [`onnci 1 As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform Ci IM. ~i ..~Y r~o. Dear Adjacent Property Owner: If you have received this notice, you reside adjacent to a property involved in a land use processed ,by the City of Wheat Ridge. or own property case being This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to 3iscuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability o£ the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: March 27, 1995 DATE PREPARED: March 17, 1995 CASE NO. & NAME: WZ-95-1/70 West Business Center CASE MANAGER: Glen Gidley ACTION REQUESTED: Amendment to Final Development Plan & PIaY LOCATION OF REQUEST: 13001 West 32nd Avenue NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge, 7500 W 29th Avenue NAME & ADDRESS OF OWNER(S): Dwaine Richter, 6565 S Syracuse Way, #1202, Englewood APPROXIMATE AREA: 10 acres f PRESENT ZONING: Planned Commercial Development PRESENT LAND USE: Motel, restaurant and vacant SURROUNDING ZONING: n/a SURROUNDING LAND USE: n/a COMPREHENSIVE PLAN FOR THE AREA: Commercial activity center DATE PUBLISHED: March 9, 1995 DATE POSTED: March 10, 1995 DATED LEGAL NOTICES SENT: March 13, 1995 AGENCY CHECKLIST: ( ) RELATED CORRESPONDENCE: ( ) ENTER INTO RECORD: ()COMPREHENSIVE PLAN (X) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ()OTHER (XX) NOT REQUIRED (XX) NONE ( XX) CASE FILE & PACKET MATERIALS ()SLIDES ( XX) 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. Planning Division Staff Report Case No. WZ-95-1\70 West Business Center DESCRIPTION AND PURPOSE Page 2 The subject property was rezoned in 1974 to Planned commercial Development (PCD) and an Outline Development Plan was approved. (See Exhibit A.) In 1984, the owner requested approval of a combined preliminary and final plan and plat for the same property, in order to construct the LaQuinta Motor Hotel and a restaurant. The City Council approved that request, however, at the recommendation of the State High Department, Council added a condition that no development be allowed on Lot 3 until the developer, City and State Highway complete negotiations for the relocation of the Youngfieid Service Road. (See Exhibits B-1, B-2 and B-3.) It is the removal of this added condition that is the subject and purpose of this request. The City and owner have had numerous meetings over the past ten years in order to achieve an acceptable realignment of the frontage road, however, the various parties of interest (i.e., owner, neighbors, LaQuinta, State DOT and City) have not been able to forge an agreement as to the location of the roadway. The owner designed a realignment proposal that we accepted, but then changed his mind. (Exhibit C) The owner then designed another realignment but could not acquire the ROW (Exhibit D). Then he asked the City to approve yet a third alignment (Exhibit E) which the City did by a signed Agreement, which agreement also provided that the restriction to development of Lot 3 be removed. However, due to legal issues associated with that final. alignment, the City did not move forward on that agreement. The owner has subsequently filed suit against the City for alleged takings, and seeks to recover damages and penaRies for the alleged takings. At the recommendation of our City Attorney, the Mayor and City Administrator have filed this request to remove that 1984 restriction. (Exhibit B-3) II. PLANNING COMMISSION RECOMMENDATIONS Planning Commission heard this case at a public hearing held February 2, 1995 and reluctantly recommended approval. III. SUGGESTED MOTION I move that Case No. WZ-95-1, a proposal by the City of Wheat Ridge to remove a restriction on development of Lot 3, 70 West Business Center, pertaining to relocation of Youngfield Service Road, be Approved. It should be understood, however, that no building permits shall be issued for Lot 3, or any other lot within this development until all requirements of the Zoning Ordinance and other development and use codes of the City are met. c:\wp601cc\wz951.sr 1 CITY COUNCIL MINUTEST July 9, 1984 w z- s4- ~a pan- -5- Motion by Hrs. Snow that there be a restriction on the plat that Chore be no development on lot 3 until negotiations between the City, t!:e developer, and the State Highway Department, are completed re~7a r~ii ny the relocation of the service roadr seconded by Mrs. Keller; Hr. Flasco requeat.!d Mrs. Snow to repeat the motion. Motion by Mra. Snow that there 1>e n restriction on the plat that there is no development on Lot 7 until such time as the developer, the Ci[y of Wheat Ridge, and cite Scate iilghwey Departmene complete negotiations for the relocation of Cite Service Road; seconded by Mrs. Keller; carried 7-I with Mr. Hobbs voting No. Motion by Hrs. Snow the! the berm be continued on lot 4 directly co the south rather than dividing Lot 4 from the adjacent residential homes; seconded by Mr. Wilder Failed 4-4 with Councilmembers Davis, Flasco, Hobbs, and Merkl voting Ho. ' 1loeion by Mr. Flesco that the plan be altered so that the two detention ' ponds ba solely on their property and in no wey infringe on the Colorado Department of Highways Right-of-ways seconded by Mr. We sit Failed 5-3 with Councilmember^ Flasco, Keller, Went voting Yes. Motion by Hrs. Snow thet in lieu of the park dedication the ai d'ewalk be provided 'by the dweloper at S feet, on the east aide of Lot• 1 and 2r seconded by Mr. weact Failed 4-1 with Councilmembers Flasco, Keller, Ilobbs, and Merkl voting No. ORIGINAL MOTION AS AMENDED CARRIED 8-0. ORDINANCES OH FIRST READING Item 4. reion inq tramlResidentiali nTvoc(RP2)v taiRescricced approval of Commercial-One (RC-1), with conditions, on land located at 4701 Wadsworth Blvd., Clty of Wheat Ridge, County of Jefferson, Stat• of Colorado. (Cana No. W2-84-1) (Lao F. Watson and Richard V. McKinley) Council Bill 175 va• introduced on first reeding by Nra. Kallart title rod by eha Clerk. Motion by Mra. Kellar that Council 8111 135 be approved on first reaming. ordarod published, public hearing be set for Monday, August 17, 1984 at 7t 30 p.m. in City Council Chambers, Municipal 8:;ildinq, and if approved on second reeding, cake effect 15 days after final publication; seconded by Mr. bleat; carried 8-O. Planning Commission Minutes Page 4 February 2, 1995 Mr. Webster, stated he didn't really believe it would affect his property. Personally, he thought the residential zoning would be preferred,- because the area is residential in character. His concerns were that an industrial-appearing building was located on the site; and he was-also concerned about the possibility of mass rezoning that could take opportunity away from small businesses. Chairperson ECKHARDT reiterated that the mass rezoning was not being considered at that time. He explained that the Commission had discussed doing mass rezoning to bring certain areas into conformance with-the Comprehensive Plan. He elaborated. A great deal of neighborhood input would be sought before proceeding with any sort of mass rezoning. Mr. Webster stated he had sought a small business location for a car wash. The problem he encountered was that those locations available were on very heavily travelled streets. He .added-that he did .not want sites suitable for small business to disappear. -- Commissioner LANGDON asked Mr. Gidley if he had many recent inquiries about commercial in the area of the subject site? Mr. Gidley stated only one-.and that was for an auto body 'shop. He elaborated about the broad range of uses allowed in the C-1 zone. district. Commissioner LANGDON stated the Commission is concerned with keeping business alive and well in Wheat Ridge. He informed -- those present that an--economic development coordinator had recently been hired by the City to aid persons wishing to locate in Wheat Ridge. Commissioner LANGDON moved that Case No. WZ-95-4, a request for rezoning from C-1 to R-1C by LeRoy Schroder. for property located at 5680 West 29th Avenue. be Approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. 2. Case No. WZ-95-1: An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001- West 32nd Avenue. Mr. Gidley_presented the staff report. Entered into the record and accepted by the Chairperson were the .Comprehensive Plan, case file,- packet materials and exhibits. Mr. Gidley read into the Planning Commission Minutes Page 5 (~ February 2, 1995 record from Exhibit B-3, Affidavit of Correction which was recorded with the Jefferson County Clerk and Recorder's office..-on August 13, 1984 at Reception No. 84076367, regarding the 70 West Business Center Plat, Wheat Ridge Colorado._ - - Chairman ECKHARDT reiterated that the question before Planning __ Commission at this time was whether or not to remove the restriction (as read by Mr. Gidley) on-Lot 3 from-the subject plat. Commissioner CERVENY asked if Public Works Department/Planning Staff had a viewpoint regarding the connection of the service road? Mr. Gidley stated that development could function on its own with the interior drive .system shown, provided that the signal at the service drive is relocated to Zinnia Street and eliminated from the Youngfield Service Drive location. He elaborated. Mr. Gidley added that if the signal is removed, all the trucks coming from that area will be forced to go west on 32nd Avenue_ Commissioner- CERVENY noted that discussion had been heard regarding the possible annexation of the incorporated area to the west: His concern was that if this signalization is eliminated, the potential use of the property would be stripped. Mr. Gidley stated that removing the condition would not necessarily mean that the frontage road would not be .relocated, nor-would it be a condition upon the owner. It would not unduly restrict him from planning the remainder of his property. He was. hopeful that the-City could still. negotiate with the owner regarding relocation of the frontage road. Norman Ross, 3146 Zinnia Street was sworn in. Mr. Ross was concerned that the public hearing sign had not been visible on the property for-a few days. Mr. Gidley stated the wind had blown the sign down. The sign had been reposted this date, however, the wind had blown the sign down again. Mr. Ross stated he felt a more substantial sign could be posted. He added that he had not received notification of this rezoning. Mr. Gidley informed Mr. Ross that he was not an adjacent property owner, and therefore would not receive notification by mail. Mr. Ross stated he was very concerned about the heavy traffic problem in the-area. He opposed the removal of the restriction from the plat until such time as the location-of the frontage. road could be decided. Planning Commission Minutes Page 6 February 2, 1995 Discussion followed. Connie & Eugene Mauldin declined to speak at that time. Greg Penkowsky, 1600 Broadway, Suite 1645, Denver was sworn in. Mr. Penkowsky was representing the ,LaQuinta Inn. He added that he was' desirous to find a solution to the traffic problem in the area. Mr. Penkowsky stated that a light was needed-to assist the patrons of the LaQuinta Inn. He added that if a right turn only was allowed (as mentioned by Mr. Gidley), it would destroy LaQuinta's business. Commissioner LANGDON asked Mr. Gidley if he had said that should. the signal light be moved to Zinnia Street, then right-in, right- out only would be allowed? Mr. Gidley stated that the State Highway Department has said that if the City doesn't do something to improve the situation, they would eliminate the light at Youngfield Service Drive, which, would force right-in, right-out. One option, he added, would be relocate the light to .Zinnia Street and to accommodate all of this development, including LaQuinta with a light at Zinnia Street and a private interior drive system. LaQuinta has ( absolute rights to access all parts of the private interior drive.. -He elaborated. Commissioner CERVENY pointed out that should the restriction be removed, the requirement would remain that the City would still be bound to construct a_-revised service road. Mr. Gidley-agreed with that statement. He elaborated. The land owner must gain approval for-any development on the land. Commissioner CERVENY added that no matter how the land is developed, ingress and egress to the.establishment must be maintained. Brad Braur, 3238 Zinnia .Court was sworn in. $e stated he was fairly new. in the neighborhood but was aware that the traffic problem was 20 years old. Mr. Braur was concerned that traffic and safety were being ignored. Chairperson ECKHARDT reiterated that the question before Commission was whether or not the restriction should remain. Mr. Braur stated several workable solutions had been presented which would solve the various problems, however, the owner wants to develop the land in the most profitable way. He stated. if the land is developed prior to solving the traffic/safety problems, then the City would be-left with f ewer options. Planning Commission Minutes February 2, 1995 Page 7 Chairperson ECKHARDT agreed the intersection was extremely dangerous.. He elaborated. Mr. Bra~_stated he did not feel the neighbors, the State or the existing businesses had been unreasonable or demanding. He added that the owner had not allowed.a road location which would satisfy all parties involved. Mr. Braur told of his concern - regarding the possible right-in right-out traffic limitation. Commissioner CERVENY stated that he felt that elimination. of the restriction from the-plat would give the City additional freedom or bargaining power to direct an appropriate. solution to the problem. Mr. Gidley reiterated this was a legal matter and the City was attempting to eliminate issues in order to position itself more favorably with the opposition. This is not to say, he added, that the frontage road would not be relocated, and the City does have the power of eminent. domain. Mr. Brame asked if development takes place, might it eliminate one or more option? He-elaborated. Mr. Gidley stated that many approvals must occur on the subject property. The only approval that would not be necessary (should the restriction be removed) would be the restaurant site on Lot 3. Otherwise, the owner would be required to gain approval through a process like this one.- The City can assure, through that process, that a proper corridor is reserved. He elaborated Eugene Mauldin, 3195 Zinnia Street and was sworn in. Mr. Mauldin explained how he was affected by the traffic problems in the ` area,' living on~the corner of 32nd and Zinnia Street. He was`- very apprehensive about the concept of right-in, right-out and thought it could only worsen a bad situation. Chairperson ECKHARDT reiterated that the traffic problems would not be solved that night. Commissioner WILLIAMS stated he wished verify with Mr. Gidley what the action before them would accomplish. Discussion followed. Commissioner CERVENY moved that Case No. WZ-95-1, an application. initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue be approved and forwarded to City Council for the following reasons: 'w ~ - Planning Commission Minutes Page 8 ~ February- 2, 1995 1. The property is within the City of Wheat Ridge and all notification and posting requirements have been met, .therefore, there is jurisdiction to hear the case. 2. Approved Combined Preliminary and Final Development Plan indicates internal street access must be finalized if any further development is pursued, allowing the City input providing for proper traffic flow. Commissioner WILLIAMS seconded the motion. Motion carried 4-1, with Chairperson ECKHARDT voting no. 8. CLOSE TSE PIIBLIC HEARING Chairperson ECKHARDT called a short recess at 9:03 p.m. Meeting reconvened at 9:15 p.m. 9. OLD BIISINESS A. Mr. Gidley asked commission members if they would like to change-their meeting time from 7:30 p.m. to 7:00 p.m. Commissioner RASPLICKA had suggested the possible change. Consensus was to discuss this item further when all commissioners can be present. B. West 38th Avenue Improvements Bid Discussion was heard regarding possible savings ($500,000) on the bid for improvements to West 38th Avenue. Consensus was that Commissioner LANGDON call the Public Service Company representative,' Lee Hill, and confer with him regarding the feasibility of utilizing these surplus funds to underground utilities on West 38th Avenue or some future major street improvement project. Commissioner LANGDON then will contact Chairperson ECKHARDT letting him know how to proceed. If it is feasible, Planning Commission will consider drafting a resolution recommending that Council go forward to install conduit. the length of West 38th Avenue without delaying the project, and if that can't be done, then earmark those funds for undergrounding utilities for the next major street project. 10. NEW BIISINESS A. Senior Housing Commissioner LANGDON informed Commission of-some articles he had recently read regarding senior housing options. _He suggested that Commission consider changing City ordinances to allow a residence to be utilized by the owner to house three to four -. ~~ ~.~ _;: CITY COUNCIL MINUTES: March 27, 1995 Page Motion by Mrs. Behm that Case No. WZ-95-2, a request for approval of a final development plan and plat for property located at 3701 Quail Street, be approved for the following reasons. 1. It is consistent with the approved outline development plan. 2. All requirements for a final development plan have been met. 3. All requirements of the Subdivision Regulations have been met. With the following condition: 1. An easement for the irrigation ditch be recorded by separate document; seconded by Mr. Solano. Applicant, John Batug, was sworn in by the Mayor; he stated that an easement has been granted to the ditch company; ditch maintenance will be handled by the ditch company wherever it crosses anybody else's property; the whole purpose of the turnaround is to presence 3 large trees. Motion carcied 7-0.. Item 3. An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue. (Case No. WZ-95-1) (Dwaine Richter) Item 3 was introduced by Mr. Solano; title read by the Clerk. Mr. Gidley presented the case. Motion by Mr. Edwards to hold an Executive Session under Section 5.7(b)(1) of the Charter; seconded by Mrs. Worth; carried 7-0. EXECUTIVE SESSION WAS HELD Greg Penkowsky, was sworn in by the Mayor; he is representing LaQuinta Inn. They want this problem solved; it has been going on for too long; they are not against Mr. Richter developing his property, they are all for it; but their concerns are the removal of these conditions, they need to know exactly where the roads are going to go; this should be done by Ordinance; also feels that this would need LaQuinta's approval. Brad Brauer, 3238 Zinnia Court, was sworn in; objected to removal of condition because it ignores safety and traffic and once again it says to the community that big business, land developers, are first, community concerns are last; gave suggestion as to where he thought the road should go. 3 CITY COUNCIL MINUTES: March 27, 1995 Page 4 Motion by Mr. Solano that Case No. WZ-95-i, a proposal by the City of Wheat Ridge to remove a restriction on development of Lot 3, 70 West Business Center, pertaining to relocation of Youngfield Service Road, be approved. It should be understood, however, that no building permits shall be issued for Lot 3, or any other lot within this development until all requirements of the Zoning Ordinance and other development and use codes of the City are met; seconded by Mrs. Behm. Motion by Mr. Edwards to amend this motion that this Case be presented as an Ordinance on first reading at the next City Council meeting; seconded by Mrs. Worth; failed 3-4 with Coungilmembers Edwards, Worth, and Fields voting yes. Original Motion carried 5-2 with Mr. Edwards and Mrs. Worth voting no. Item 4. Council Bill 8 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Section 1414, Wheat Ridge Municipal Court Fund, allowing additional uses of court fund proceeds. Council Bill 8 was introduced by Mr. Edwards on second reading; title read by the Clerk; Ordinance No. 992 assigned. Motion by Mr. Edwards for the approval of Council Bill 8 (Ordinance 992); seconded by Mr. Siler; carried 7-0. item 5. Council Bill 9 - An ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to use of semi-trailers and shipping containers for the purpose of outside storage. Council Bill 9 was introduced by Mr. Edwards on second reading; title read by the Clerk; Ordinance No. 993 assigned. Motion by Mr. Edwards for the approval of Council Bill 9 (Ordinance 993); seconded by Mr. Solano; carried 7-0. ORDINANCES ON FIRST READING Item 6. Councii Bitl 13 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, regarding restraining orders issued by the Municipal Court and the violation of such restraining orders. Council Bill 13 was introduced on first reading by Mrs. Worth; title read by the Cleric. +.5 ': •i4'. ~~ c., CITY COUNCIL MINUTES: APRIL 10, 1995 PAGE 4 Item 2.A. Council Bill S6 -.An Emergency Ordinance``amending Section 7-' 40 of the Wheat Ridge City Code concerning write-in __ candidates and cancellation of elections in 'specified"cases:- Council Bi11 16 was introduced by-Mrs. Worth,- who also read the title;..-.. Ordinance No. 995 was assigned by the Clerk. Mr. Middaugh explained .the reasons for writing this Emergency _ Ordinance. This is basically the same ordinance as Council Bill 15, . but will take effect tonight and only be effective for 90 days. Tony Flasoo, 4440 Reed Street, doesn't feel this gives adequate notice to people who might want to apply for that; the books will be closed.. on April 12 by 5:00 p.m.; put off the effective date until after it is-. published. Motion by Mrs. Worth-that Council Bill I6 (Ordinance 995) be approved and that it be ,published in the Rocky Mountain News on Wednesday, April 12, 1995;•seconded by Mrs. Fields. Mrs. Dalbec was in the audience and wanted to speak. Mr. Solano called for the question; seconded by Mrs. Worth. (This needed a two/third majority vote or 6 votes). Motion failed 5-2 with Mrs. Fields and Mr. Edwards .voting no. Motion by Mr. Edwards to suspend the Rules and let Mrs. Dalbec speak; seconded by Mrs. Fields; failed 4-3 with Councilmembers Edwards, Worth, and Fields voting yes. (This needed a two/third majority, six votes to pass).. Vote on original motion carried 6-1 with Mr. Siler voting no. Item 3. Council Bill 7 - An Ordinance vacating a portion of Quail Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 West 35th Avenue. (Case No. WZ-95-1) Council Bill 7 was introduced on second reading by Mr. Edwards; title read by the Clerk; Ordinance No. 996 assigned. Ms. Reckert presented the staff report. Elizabeth Richardson, was sworn in by the Mayor; she is representing Colorado Open Lands; their mission is to preserve Open Space within the State of Colorado; she spoke in support of the vacation. -~: =~. ~~ CITY COUNCIL MINUTES: APRIL 10, 1995 PAGE 5 Karla Nostas was sworn in and read a letter from Caroline and Howard- Noble into the record, which was in favor,of the vacation. Ms. Nostas also spoke in favor of the vacation; don't allow people to walk ... -:. through there.._ _ _. Linda Slater was sworn in by the Mayor; she lives right next to this parcel of land on the east side; she would hate to see the privacy there destroyed; spoke in.favor of the vacation. James Mosley was sworn in by the Mayor; stated•that there are easements in place that allow-the appropriate agencies access; if another easement is needed, these .agencies can get it, they don't need the City to help them; if a walkway is built, children will be all over the Williams property and will be trespassing; he is in favor.of the vacation. David DiGiacomo was sworn in by the Mayor; he had originally wanted to. ask that part of this property be preserved for pedestrian access; after listening-to comments, he now feels this should be vacated; it should be left as-Mrs. Williams had intended; it is a sanctuary for our wildlife. Consensus was 7, in favor to allow Mr. Mosley to speak again, since he used to represent the late Mrs. Williams. Mr. Mosley gave information. on flood control easements. Motion by Mr. Edwards that Council Bill 7 (Ordinance 996), a request for approval of a right of way vacation for an unused portion of Quail Street at approximately 11200 W. 35th Avenue be approved as amended for the following reasons: The amendments are: Section 1. That "500 feet" be changed to "490 feet"; That Section 2. be deleted; Sections 3.4.5., and 6. be reverted up in numbers. Reasons: 1. There is no compelling need for the unused portion of Quail Street to remain as City property. 2. Costs are prohibitive for construction of such a roadway in that area; seconded by Mrs. Worth; carried 4-3 with Councilmembers Behm, Si1er, and Solano voting no. .Mayor Wilde will be vetoing this Ordinance when it is presented to him to sign. Item 4. Council:Bi11 10.- An ordinance providing for the approval of a Special Use Permit to allow furniture sales in a Restricted-Commercial Zone District on land located at 6709- 89 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Council Bili 10 was introduced on second reading by Mr. Siler; title read by the Clerk; Ordinance No. 997 assigned. RICHTER PROPERTY HISTORY NW Corner Youngfield Service Road & West 32nd Avenue Property was annexed to the City in 1973 Case No. WZ- 74 -18: Rezoning from R -1A & A -1 to PCD Established outline plan showing use areas, etc. City Council approval: Case No. WZ- 76 -21: Final Development plan approved for restaurant. City Council approved: 10 -11 -76 This plan was declared invalid by district court Case No. WZ- 78 -14: Final development plan approved for restaurant. City Council approved: 08 -13 -79 Case No. WZ- 78 -20: Final development plan approval for duplex located on West 33rd Avenue. City Council approved: 02 -26 -79 Case No. WZ- 84 -10: Preliminary & final development plan and plat approved for LaQuinta Hotel & Country Cafe - Condition that no further plan approval until Youngfield Service Road relocated to align with Zinnia to the south. City Council approval: 07 -09- 84 Case No. WZ -88 -9: Administrative amendment to the final development plan for duplex located on West 33rd Avenue. Case No. WZ- 92 -11: Application to rezone the existing Youngfield Service Rd from A -1 to PCD. City Council denial: 01 -25 -93 Case No. WZ -95 -1: Amendment to the final development plan to remove condition placed pursuant to Case No. WZ -84 -10 (no development until service road relocation). City Council approval: 03- 27 -95. MR:slw c: \wp60 \files \richter. his