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WZ-95-9
The Clty of ADMINISTRATIVE PROCESS APPLICATION ~]Vheat Rid~ra Department of Planning and Development S 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant.yccu,cri~ Ad ess/5S0o iaiSdOe~DG ,~f Phone 303-ar9-z9•~y 1!G Q~~,,~,~,,...,,da~ Y ~ /•jCri /j/stixss~.la~ CO 80 3 ~ ~" _~ ,t7/-6?~3 Owner AQ,.,n„~ ,Q. Q/~ .~ A dres's~39,5' ~~hone f~GS-SL-S3o T~ 0 3 Location. of request Type of action requested (check one or more of the actions listed below which pertain to your request.) ~hange of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit 'Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements ^ Other Detailed Description of-request C ,~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. .~1 NAME AD RE S 5 ~ ~ 8~~ y PHONE 1(~~ v~- l~l ~ ~s- ~s3a y •~ /-a3 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent o£ those persons listed above, without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved o£ this acti on his behalf. Signature of Applica may, S gibed and sworn to me i Lam/" day of ~ 19 ~J~ i±R Y p ,' ,~~;j; ~i,;.,,.-~~. Notary u lic r, '~~ ~ My commission expi es r y `- ;`. td Dat~;;Receiye~v'" ~ -C' Receipt No. ~X ~ =f' Case No. `Y • '' GF C 01~e. .r J ~/ 10-93 NON 1(•1'13/'T(S~I TR/~H ILER SOUR INC -032792940 i`~y~r~f' Reeo[ded atu U'doa1~~M.. Qe ~.,»-w,.. L'r :'o 1=1!ct~ni ~Rfvord 4 W i. m I ~` ~' e~ U Q 'a'nts USED, MadetMa tad 'day o! July ,1978. Jauaea l7. Clausen of the County oP JePPeraon between and Stato of Colorado, of the first part, and James R. Clausen ea »ndividad Thirty-Five peroenb inter Joy J, Isbell an undivided Fifteen peraeat iatereat, Jaok 9P, Clausen an undivided 14vantry-PiVR' psraeat iatere~ 9 V P V Y'Y_W v., v env rva,r,r w,„r..-.,-..~.-_,us., u., _..ad.-.u..~_~__.L Jon P, Cleneea an tmdivided Txenty-Five pexoent iatel ..hose trRat addreta to 4773 Oraoemor Circle North Colorado Springs, Colorado 80817 attha county of $1 Paao and atet•vf ColeeaJo.vftha eecvnd parC NiTNE98ET11, Tbat the aid wrty ottho stet p^rt, toe and in eona!deration of . Txo Hundred Fifty Tttoaaend sad Np/1,0pthe.----------+----- aoL1.AEs to th• said party of the tint part in ryand pa,d by tmd wrt ie9 of the ceeond p^rt, the r'[ceipt whereof is hereby rnnfeaaed sad acknowledged, ha a ,ranked, barRSined, sold and conveyed,and 6y Chase pr•eenta do ea gent, bargain, adl, convey and eonarm, unto the acid part lea or the aernnd part,Theilb•in and eaafans ror- ever.^1lthefollowlnRdeaedMdlet a or parcels afland, situate, lying ^nd being In the countyor Jefferson and SCae•otColar^do, town: That pert oP Lota 7 and 8, LE8r3 SUBDIYIBION, daaoribed ne Folloxet Hegianiag at a point oa the 7leab line of Lob 8, LEES 9UBDSVISION xh ah point to 168.86 feet North of the Southxest corner a£ said Lot 81 theaoe No h along the fleet line of Lots 8 and 7, LfiSrB SVBDIYYSIOH, a dlstanoe o£ 221.11 f et to a poiati theaoe North 88D SOt Eaatr a di .tease of 641.8 feet more or lea to the Eaat lies of Lot T as ahoxn bb the Plat of said subflivi .lost theaoe 9 uth along the Enat line of said l04 7, s di .tense of 221.1 fast more or lees tro a point on the North line of the treat of lead daaoribed in Book 358, Page 28t theaoe South 88e 60' Waet along the Northerly line of treat as se daaoribod is Book , Page 28 a distanoe of 841.5 Yeet more ox less to th0 point of beginning. EPT right-of-xay for ditohea as shows oa the Pint of said 8ubdivieion sad as des ribed in Book 68t Page 125. alw knovngewet and numb r ALSO E1fCEPT portion deeded to the Department of 8lghxsysr Stetro of Colorado, reoorded in Book 1887, age 383, Reoorda of Jeffereoa County sad Portion deeded to the Department of H ghemya, State of Colorado, reoorded in Book 1887, Page 380, Reoorda of Jeffar oa County, Jeffereoa Cotmby, Colorado nature aoevar. emept t ee and aeaetemente due and pagaDle babaegaent to aECe hereof, and emept a .meats and reatrivbiona of reoord, if any. and the attove barReined pnm ea in the aulet and peaceable poaseasionofehe aaidnvt;ae ofthe stead Dart. Their heirs onJ aasigna• insl all and ovary pesos or p.revs. law[ally eldmingor to claim the whole yr auv pert thereof, ehraid party ofthennt partahall and will WARRANTAND FOREVER DEFEND. IN W(TNEBS W(IEREOF. he acid Darly ofshe stet Dart has hereunW Set hie hand and sea! the dsy and ye rfiret shove written. l`~~ , 4wu W .,-tFEA~,, _.,___ - Jemee W, Clausen ~ _,__ISEAL) _..___. -_.~_(SEAU STATEOF CULO AUO. 1~ as The foroaolnRinatrumen! as arknawledped before nw thin 3eoond da5rof ,'Jd1y .~•~ y 1978 ,by James W. C assn ,'~- M1t5'eommixaion ranirea pot~iaproa ENldrae lisle 13. 1962 ) .in w!///t///n~~SedaC~Ad d?r~•;~FI. P.03 ~~ BMfwi Pda,KRt,.. dvwe.0aadr eat "~"'1°' 7 Q ~U O >f ~~~ .~~~ v 10-95 MON SI't2 TSI TRAILER SOU INC ~032T92940 P.04 RECEPTION NO. Yt4tdb~brib Re edat ~cla'k--~^M.' 9/2b/99 19:40 s.00 aoeWSba Na. - ~oRECORDEb IN ------------~• COUNTY OF JEF'RER90N QUIT CLAIM DEffi BrATE of cOi.OR41D0 n THIS DEED, Made mis a~~" day of June ~ 39 ~ ` betwxn JON P. CLAVBBN of the •Cauaty of Jetferaoa and Sate of Coloudo, gsaNOrtel, and JAI6.'s3 K. CLAVSHN, an undivided 16,E inbsrest JACK W. CLAUBEN, as undivided 5$ lnbereab Joy J. Clausen•TSbell an undivided 6~ interest wlwae lean) addroan is 2940 Hard Ot• Lake»ood of the County of JaPPeraon and Stem ofCalondu. gantaisl W ITNpSSBTil, Thu me grso[os(n1. for and fn snnddeatlon of the sum of Ton sad ao~100-..--"'---"_--".---'--.,_.....w---~_~__-_--___"-_--__•~ DOI.LAxs tte receipt and sufdeiencY Ofwhiehuhen~y acknmvladged, ha.C Rmised, Rlcaud,wid, conveyed aadQUFf Ci.AIMBD. asMby these prcuna done remlu, mkaae,sell. convey and QUfl'CIAIM unto die eenlee(s). their hef°, auccasers and aasigm, tun:ver, dl the right, tine, interoat. claim and demand which me grantos(a) hats In asd w the seal pmpesty, toaNba wish impmsenscna,i(any. simate.lying~ dfuingin she County of Jafteraoa assd Sage of Colorado, descdbad as roltow?: A1~U1K12YIDBU iM1tHNTY-Ft98 pHFgfENT IHPHR88T IN7 That pnrb o£ ota 7 and 3, LBga3SUBD YISION, detoribed as tolloxsa Beginning ab a poiab on the est line oT Lob 8, LV8 8 SUBDI9ISION »hioh point is 168.98 teat North oP the Snub] eat ooraer of said Lob BI thenoa North along the Weat lino of Lots 8 end 7, LEH'3 UBDTVI3ION, a di etaaoa of E21.11 test to a point] thenoe North 89°60' Haat a diet nos of a41.3 test more or lean to the that line of Lot 7 as sshoam oa bha Plat of aid tubdlviaioal theno South along the Seat line of said Lot 7, a ddabnnoe oT E1.11 feet more or let to a point on the Nosth line of the trraotr of land desoribs n Book 368, Page E8i b sane South 89o60r Aeeb along the Northerly line oP trnot ai asoribsd in Book 369, age 28 a dietaaoe of 641.5 feet more or less to the point t beginning. SICOISPP ghb-of-»ay for dibdhea ns ahotm on tho Platr oP said Sub• ivision sad ea deaorib is Hook 69, Yage lE6 and bhab portion deeded to 4he Dap- rbmenb of Nighmys, 8t to of Colorado, reoosded in Hook 1897, Page 363, Reeorde P Jetteraoa County end ab portion deeded to the Department of High»aya, 8taba o1 oiorado, reoorded Sa B k 189T, Page Safi, Heoerda of JefPeraon Couaby, Colorado. deeds no dootsmentary fee required) atao knawa by street and numberas 'CO IIAVH ANb TO IIOt7) d,e me, lo8etha with alt and ainNlar she appuneaaooea end pdvikgea dseseunso 6elanging or io nnywUetheseumumpperbining, scM Ii llm Hate, dght,drtc, inttteat and claim whasw5'er.ofthe granlos(ai ei9xrin laworequity, to me only proper use, benefit sad E of the grsolee(a), than' heirs and aaigns fonmr. IN WITNCSS WHFRFAF. Thu car(s) has exaolcd this dad on tlse duo sm Porlh abae. C)y,.._ 9.c_ , Jon P• Clauaea STATE OF LOBADO. ss. County of etfere0a The farogoing instrument wu ac kdgttt befoceme Otis ~G day of Juaa .1990, by JON P. CLAU3BN My ewnmission expiros gyp/ 5 ,19 f3 . Wieser my hand asd amcial seal. rt ~3~~: ~ '., My Camm'ISSIon exp?res Octohe 25, I993 h350 Wad.c,'arth DoBla rd l.~ . " Wheat Ridge, Colorado 8 033 -/~% ~~ _ ': . 'I[in Uenver, iawvt"6ty aud." ~ ~' 1~1 No. 977. IOev. Say. outrtawnaonm~ Ty~ •~ ~ • TRAILER SOURCE, INC. Business Plaa JAMES R. BLUMENTBAL II - President The Administration and Operations are handled by James R Blumenthal TI who's experience is well rounded for this position. His former position was with Aerosuds Inc. of Broomfield, Colorado where he supervised and organized crews for installation and repair of accessory parts for new and used vehicles. Prior to this position Jim owned Colorado Camaro, a new and used auto parts company dealing primarily with late 60's vintage automobiles. Jim started this business on his own and gave it up because he wanted to continue his education. He is a developer of strong management teams: self- motivated: goal, achievement and results oriented. Jim has 3.5 years toward his degree in Business Management at Metropolitan State College, Denver, Co. JAMES R. BLUMENTAAL $R.- Vice-president Mr. Blumenthal is currently employed by the City of Englewood as Fire Marshal and Community Services Manager, he has been employed by the City for 21 years. in addition to his employment with the City, he and his wife Gayle, have started and sold three other businesses at a profit. GAYLE J. BLUMENTBAL - Secretary / Treasurer Gayle Blumenthal has developed three companies from 1976 through 1994. She is experienced in various products such as computer systems, real- time accounting systems and financial accounting systems. Gayle has been the general manager of each of the three businesses in which she was involved and adds to the management team of Trailer Source Inc. -_ - -.. -~.~-./ /~. ~7S =/l/E/C~/~~3lJ2~oOD lt!1E~7-//I/G ^ _ - ..: -500 WEST 29TH AVENUE - Tf7B Cll}i Of P.O. BOX 638 WHEAT RIDGE, CO 80034-0638 (303) 234-5900, heat City Admin.Fax~234-5924 Police Dept.Faz~235-2949 Ridge June 29, 1995 The Wheat Ridge Department of Community Development-has received a for. annrnval of a rezonina from A-1 to PCD and approval of a combs at the property aescrioea celow. Your response to the following questions and any comments on-this proposal would be appreciated by July 14, 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-9/Blumenthall LOCATION: 4651 Tabor Street REQUESTED ACTION: Rezoning and approval of a combined outline & final plan and plat PURPOSE: Construction of a horse trailer sales facility APPROXIMATE AREA: 3.0 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines-available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service th is proposed development subject to you r rules and regulations? YES NO If "NO", please explain below. 5. Are .there any concerns or problems your agency has identified which wou ld or-should affect approval of this request? Please reply to: %''ljZ 'J -M. Reckert Department of Planning & Development DISTRIBUTION: X Water District (Valley ) X Sanitation District (Fruitdal~ X Fire District (Arvada ) Adjacent City ( ) X Public Service Co. X US West Communications State_Land Use. Commission State Geological Survey X Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office X W R Police Dept. X W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ca rc~~„~„r r~~rrr~~ MEMORANDUII~~, Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ~ DATE: July 3, 1995 SIIBJ: Tabor Development Subdivision, WZ-95-9/Blumenthall The Public Works Department has reviewed the referral dated June 29, 1995 for the above referenced project, and has the following comments: 1. A preliminary drainage report and plan, subdivision plat and topography map was included with the above referenced referral. These documents will be reviewed accordingly and comments forwarded to the project's engineering consultant, Adnan Associates, Inc. 2. We will need construction drawings detailing the design for public improvements to Tabor Street. 3. We will need an erosion control plan and a landfill/dumping permit submitted for review and approval. cc: Glen Gidley, John Oss, Sr. Steve Nguyen, John McGuire, Chuck Braden, File Community Development Director Project Engineer Traffic Engineer City Surveyor ROW Technician STATE OF COLORADO DEPARTMENT OF TRANSPORTATION G,~~ Y ~F V/~" OT Region G /~ r , 2000 South Holly Street / ~ ~~t l t l ~,4Ir~~ Denver, Colorado 80222 (J / I ~~ July 5, 1995 ¢ ~~~~~ J g ~R~H)p~G ~ '~E6`Ef t3~p~~fT City of Wheat Rid e P.O. Box 638 Wheat Ridge, Colorado 80034-0638 Attn: M. Reckert RE: WZ-95-9/BLUMENTHALL - TABOR AND I-70 The Colorado Department of Transportation has reviewed the above proposal and we have no concerns with the proposal as shown. Sincerly, Gary ~P entiss _ R-6 Access/Utility Administrator GP/gt cc: L. Warner L. Lipp C. Harding ref. file (Wheat Ridge) rf -~J TO: DEPARTMENT OF PLANNING AND DEVELOPMENT REFERENCE: 4651 TABOR ST. WHEAT RIDGE, CO. 80033 CONCERNS/POSSIBLE PROBLEMS OF ABOVE LOCATION 1. ENTIRE SITE NEEDS ADEQUATE LIGHTING, ESPECIALLY NORTH AND WEST SIDES WHERE NATURAL SURVEILLANCE IS LOW. 2. ENTRANCE/EXIT MUST BE UNOBSCURED BY LANDSCAPING TO OFFER A CLEAR VIEW OF TABOR STREET TRAFFIC. 3. IF ENTRANCE IS GATED, POLICE DEPARTMENT MUST HAVE ACCESS TO GET IN AND OUT. 4. SITE MUST HAVE ADEQUATE LIGHTING ON EXTERIOR OF BUILDING, OVER DOORS, WINDOWS, AND SOUTH SIDE OF BUILDING NEAR THE DITCH. 5. DO POLICE NEED OR HAVE ACCESS TO ROAD ON SOUTHWEST CORNER OF LOT? 6. BE AWARE THAT THE TRUCK STOP IS JUST TO THE WEST OF THIS PROPERTY. TAKE SECURITY PRECAUTIONS AGAINST THE POSSIBILITY OF TRANSIENTS MISUSING THIS PROPERTY. ANY FURTHER QUESTIONS OR COMMENTS CONTACT: OFFICER SUSAN JOHNSON SELECTIVE ENFORCEMENT AND EDUCATION UNIT Tofw ~-~O "'Q 7 ~~ ~~~~~~~ CITY 01= WHAT RIDGE ~ ~~~~ ~~. ,. PLANNING & DEVELO°M ENT i y C~ Arvada Fire Protection District FIRE MARSHALS' OFFICE P. 0. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422-4569 July 11, 1995 Ms. Meredith Reckert Department of Planning and Development City-of Wheat Ridge P.O. Box 638 7500 W. 29th Ave. Wheat-Ridge, CO. 80034-0638- RE: Blumenthall Development 4651 Tabor St. Dear Meredith, We have reviewed the site plan for this proposed development and have-the following comments. 1. Fire protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 6, 6503 Simms St. 2. All-weather fire dept. access roadways, minimum of 20 feet of unobstructed width, capable of supporting the imposed loads of a 46,000 lb piece of fire apparatus need to be provided prior to above grade construction. UFC 91 10.203(a),(b). 3. The access roadway will be a dead end in excess of 150 feet and will need to be provided with the approved provisions for the turning around of fire apparatus. UFC 94 10.204(d). 4. Need information on the bridge for the Church Ditch and will this be access-to a storage area? 5. Fire lanes will need to be. posted, "No Parking Fire Lane" with signs that meet City of Wheat Ridge Standards. UFC 91 10.206. 6. Additional fire hydrants and water lines will need to be provided based upon the proposed type of construction, and occupancy classification. UFC 91 10.501, Appendix III-A. Sincerely, Arvada Eire Protection District ~~~ Steve-Ste led'er -- Deputy Fire Marshal MEMORt~NDUM Approved Date _ TO: Meredith Reckert, Planner II FROM: Steve Nguyen, Traffic Engineer DATE: July 12, 1995 SUBJECT: Tabor Development Subdivision, WZ-95-9/ Blumenthall 4651 Tabor Street. Please consider this as a supplement to the memo dated July 3, 1995 referencing the above location. The proposed site access on Tabor Street is in a vertical curve and sight distance might be a problem for traffic entering and leaving the site. The developer needs to have his engineer determine if the proposed access location would be safe. Other locations or shaze access should be explored if the proposed access is not safe. I have discussed the above issue and asked the developer's engineer to look into it on July 11, 1995. Please see me if you have any questions regarding this memo. cc: Greg- Knudson, Development engineer VALLEY WATER DISTRdCT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 50034 TELEPHONE 424-9661 July 13, 1995 :-?eredith Reckert City of LVheat Ridge 7500 ~d. -29th Avenue wheat Ridge, CO £30214 Dear _T4eredith: In reference to Case '-~Tr7Z-95-9, Blumenthall at 4651 Tabor St., attached are my comments on your referral form. I would recommend that the developer contact me at 424-9661 so I can set up a meeting with Arvada i'ire Protection District to see what the water line and fire hydrant requirements will be_to meet the fire district requirements. If you have any questions, please call me at 424-9661. Sincerely, ~~ Robert Arnold District P?anager Public Service° July 17, 1995 City of Wheat Ridge 7500 W 29th Avenue P.O.Box 638 Wheat Ridge, CO 80034 Public Service Company of Colorado 2707 W. 7th Avenue Denver, CO 80204-4114 CITY OF WHEAT RIDGE ~a~nn n~ JUL 2 `-.? 1935 PLANNING & DEVELOPMENT Public Service Company of Colorado (PSCo) acknowledges receipt of the preliminary plot plan of Blumenthall #W -95-9 Project Title PSCo has examined the proposed plot plan of the above-captioned project and suggest that defining easements for electric and gas service should be delayed at this time. Easements cannot be adequately delineated at this time due to the uncertainty of the service needs and locations to allow for the most desirable and economic system design. Easements shall be granted to PSCo when service locations are made known for the construction, operation, maintenance, and replacements of their facilities as may be necessary to provide service within this subdivision or property contiguous thereto, through, over, across-, and under streets, utility easements, and other public places or common areas. Approval of electric and/or gas service to this property is subject to PSCo rules, regulations and tariffs on file and in effect with the State Public Utilities Commission, State of Colorado. PSCo would like to remind the developer to have all utilities located before beginning construction If you have any questions regarding the above subject matter, please contact Teresa Wilson at 571-3735. c~.e~v~~ G~~.~~-~ Teresa Wilson Right of Way Processor TW/pg 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 August 3, 19-95 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 petition shall be heard: 1. Case No. WZ-95-9: An application by Trailer Source, Inc. for James K. Clausen for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development plan and a final development plan and plat. Said property is located at 4651 Tabor Street and is legally described as follows: That part of Lots 7 & 8, Lee's Subdivision, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the West line of Lot 8, Lee's Subdivision, County of Jefferson, State of Colorado, which point is 166.96 feet north of the southwest corner of said Lot 8; thence north along the west line of Lots 7 & 8, Lee's Subdivision a distance of 221.11 feet to a point; thence north 89° 50' East a distance of 641.3 feet,-more or less, to the-East line of Lot 7 as shown on the plat of said Subdivision; thence South along the East line of said Lot 7 a distance of 221.11-feet more or less, to a point on the north line of the tract of land described in Book 359, Page 28; thence South 89° 50' West along the northerly line of said trot-t, a distance of 641.3 feet more or less, to the Point of Beginning, except that portion bought by the Colorado Department of Highways. This plat contains 3.0 a res more or less. ~ ~1~ Sandra Wiggins,~S~cretary ATTEST: Wanda Sang, City Clerk To be Published: July 20, 1995 Jefferson Sentinel B:\a8395.phn t ' P.O. BOX 638 ~ ~ TELEPHONE: 303/237-6944 T~ City of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cwheat Ridge July 19, 1995 This is to inform you that Case. NO. w~-95-g which is a request for approval of a rezoning from A-1 to Planned Commercial Development and approval of an outline development plan & and final plan and plat for property located at 4h ~ maho Gtr Pt will be heard by the Wheat Ridge Planning ('`nmmiasinn in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. On A,igyct "~ 1995 All owners and/or their legal counsel of the parcel under consideration m s be present at this hearing before the Plannina Commission - - -- - - _ As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform ``The Carnation. City" .. ... a > c a > o ? y W d p ~ a ~ Q ~ ~ $ y m m~ .D W .~ m~ ~ y o ahi ~ w 7 LL ~ a h ~~ Z a w a ~ f- >.\% a y W ~ O y ¢ CC ~ a ~ _~ O. 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Fax 9 23a~592~ July 11, 1995 Ms. Gayle Blumenthal Trailer Source 15500 Arapahoe Drive Golden CO 80403" )ear Gayle: Police Dept. Fax # 235-2u{o The City of ~Whe~t ~i~l~e I have received your application for a rezoning from Agricultural-One to Planned Commercial Development and for approval of a combined outline and final development plan and plat for property located at 4651 Tabor Street. - The following items must be added-the outline development plan document: 1. Title to read: Tabor Development Planned Commercial Development Outline Development Plan in the City of Wheat Ridge 2. Legal description 3. Adjacent zoning and land use 4. Surveyor's certificate 5. Owner's certificate with notary 6. Planning Commission certificate 7. Planning & Development Director signature block 8. City Clerk certificate 9. Clerk and Recorder's certificate 10. Use areas designated by red marks 11. Description of the general character of the development 12. List of permitted uses 13. Maximum floor area. ratio ___ 14. Maximum building height 15. Minimum landscaped coverage 16. Minimum perimeter setbacks 17. A note disallowing billboards ' The following items must be added to the final development plan: 1. The site plan should be labelled sheet 1 of 2-and the landscape plan as sheet 2 of 2 2. Legal description 3. Description of the project 4. Sidewalk along Tabor Street; your engineer-needs to verify the desired location/street section for the public 'improvements on Tabor 5. The following notes: • All signage shall be in accordance with Article Iv. of the Wheat Ridge Code of Laws. - 1r Ms. Gayle Blumenthal Page 2 July 11, 1995 • All landscaping shall be in accordance with Section 26-32 of the Wheat Ridge Code of-Laws. • All outdoor. lighting shall be in accordance with Section 26- 30(S) of the Wheat Ridge Code of Laws. • All outside storage of unfinished products or vehicles being worked-on shall be screened from view with a six-foot-high solid fence. • The owner will be responsible for maintenance of natural landscaped areas. • The outdoor storage and display lots shall be-kept clear of weeds. • Billboards will not be allowed on this. property. • The parking provided is specific for-this use. Any future. uses may be required to provide additional parking. 6. Elevations of the proposed structure 7. Development schedule 8. Owner's certification 9. Planning Commission certificate 10. Planning & Development Director signature block 11. City Council certificate 12. County Clerk and Recorder's certificate i3. Six-foot-high solid fence along the southern property line 14. Title. to read: Tabor Development Planned Commercial Development Final Development Plan in the City of Wheat Ridge 15. Adjacent zoning and land use 16. Ditch treatments 17. Signature blocks for the ditch companies 18. More detail is needed on the landscape plan. At a minimum,- 8 street trees- are required along Tabor Street with an additional 131 trees or_ shrubs on the property. 19. How will display area be surfaced? 20 Unified control statement Attached are red-marked copies_of the outline and final plan. Our comments regarding the plat document have already been forwarded to your consultant. Attached also are comments from other referral agencies. If you have questions concerning any of the above, do not hesitate to contact me at 235-2848. I need the revised documents no later than July 24, 1995. Sincerely, Meredith Reckert_. _ Planner MR:slw 7500 WEST 29TH AVENlJE P.O. BOX 638 WHEA ~e City of T RIDGE. CO 800340638 (303) 234 5900 GWh t City Admin. Fax # 234-5924 Police Dept. Fax # 235- 2949 ea Ridge July 6, 1995 Ms. Jamilah Adnan AI-Siraj Adnan Associates, Inc. 888 South Lipan Street Denver, Colorado 80223 Re: Tabor Development Subdivision, 4561 Tabor Street -Preliminary Drainage Study, 1st Submittal Review Dear Ms. AI-Siraj, I have completed the first review of the preliminary drainage study received on June 29, 1995 for the above referenced project and have the following comments: Drainage Study Cover Letter 1. Please specify initial runoff analysis as 5-year storm as red lined. 2. Please clarify "COAS" abbreviation referenced for design standards. Page 1 1. Please change 2-year initial storm to 5-year. Page 2 Historic Drainage 1. Please provide signature blocks within the body of this report and on the drainage plan which acknowledges approval by all affected ditch companies of the improvements being proposed of the project. Page 3 Conclusion 1. Per Jefferson County storm drainage design criteria, the maximum allowable 100-year release rate from detention facilities is i.o cfs/acre. Please modify report as needed. i Ms. Jamilah Adnan Al-Siraj Adnan Associates, Inc. Page 2 Drainage Plan ~ ~~~ 1. Please written, approval confirmation by the Wadsworth Ditch Company for the proposed bridge at the west end of the project. 2. Please clar'rfy how flows are fo be conveyed properly from the proposed detention pond to the proposed release structure. 3. Please detail how all site flows are to be conveyed throughout the site, in particular how flows are to properly enter the proposed detention pond. 4. Please clarify the limits of the detention pond. It appears on the plan that this boundary may encroach the parking lot area. 5. Please delineate boundaries of proposed drainage sub-basin(s) along with sub- basin acreage, surface coefficients etc. in standard form. 6. Please delineate major drainage basin boundary. 7. Please note the nearest location and elevation of City benchmark in relation to the proposed site. 8. Please note the existing and proposed property lines. 9. Please note any existing drainage easements. 10. Clarify "swells" located on the west and south side of the building. 11. Please delineate method of flow conveyance from the roof of the proposed structure. 12. Please note all existing/proposed structures on this plan as red lined. 13. Please provide depth dimension of the detention pond release structure, confirm that rebar reinforcement is or is not required for this structure, show the finished grade in relation to the wall, show top of wall elevation. 14. Please provide the standard drainage legend for sub-basin delineations. For your information I have included with this review a copy of the City of Wheat Ridge drainage requirements to implement into the next report submittal. i ,' Ms. Jamilah Adnan AI-Siraj Adnan Associates, Inc. Page 3 Miscellaneous 1. An erosion. control plan needs to be submitted for review and approval. In conjunction with this plan, a IandfilUdumping permit will need to be applied for. 2. Construction drawings for those public improvements in the Tabor Street frontage need to be submitted for review and approval. These improvements are to be designed in. conformance with City of Wheat Ridge standards. 3. The subdivision plat has been reviewed by Mr. Chuck Braden, and comments forwarded to you for revision. If you have any questions, please contact me at 235-2868. 1 ~ '\ _~~- Greg.Knudson Development Review Engineer gwk cc: John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer File enclosure: City of Wheat Ridge Drainage Requirements CITY OF WHEAT RIDGE ' PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: August 3, 1995 DATE PREPARED: July 26, 7995 CASE NO. & NAME: WZ-95-9/Trailer Source CASE MANAGER: ~eredith Reckert ACTION REQUESTED: Rezone from A-7 to PCD LOCATION OF REQUEST: 4651 Tabor Street NAME & ADDRESS OF APPLICANT(S): Trailer source, Inc., 15500 Arapahoe Drive, Golden 80403 NAME & ADDRESS OF OWNER(S): James Clausen, 2940 Ward Court, Lakewood 80215 APPROXIMATE AREA: 3.2 acres PRESENT ZONING: A-1 PRESENT LAND USE: Vacant/agricultural SURROUNDING ZONING: N S: A-1; E: R-2; W: Gi SURROUNDING LAND USE: N:I-70; S E:: Single-family, agricultural; W: truck stop COMPREHENSIVE PLAN FOR THE AREA: Fruitdale Valley Master Plan: Office/business park DATE PUBLISHED: July 20, 7995 DATE POSTED: July 20, 7995 DATED LEGAL NOTICES SENT: July 19, 1995 AGENCY CHECKLIST: (XX) ATTACHED RELATED CORRESPONDENCE: (XX,) ATTACHED --------------------------------------------------- ENTER INTO RECORD: (x) COMPREHENSIVE PLAN (x) ZONING ORDINANCE (X) SUBDIVISION REGULATIONS ( )OTHER ( )NOT REQUIRED ( )NONE (x) CASE FILE & PACKET MATERIALS ( )SLIDES (x) 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-95-9(Trailer Source, Inc. REQUEST The applicant requests approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline plan and a final development plan and plat at 465f Tabor .Street. The property in question is 3.2 acres in area and is located at the southwest quadrant of I-70 and Tabor Street. If the rezoning is approved, the applicant intends on building a horse trailer sales and service facility. Accessories, hardware and some vehicle sales would occur. A small amount of fabrication will be required for the customization of units. 11. AGENCY REFERRALS All agencies can serve the property with required improvements. Valley Water District will require tine extensions and fire hydrant installation. Arvada Fire District will require fire hydrant installation and adequate turn-around area. They are concerned with access to the display area. Colorado Department of Transportation owns the right-of-way in front of the property. They have no problems with the proposal. An access permit will be required. Police Department is requesting adequate site lighting and access in and out if the entrance is gated Public Works Department has reviewed a drainage report. Street construction plans and an erosion control plan will be required. They are also extremely concerned regarding location of the curb cut and sight distance on Tabor. They have requested additional information from the applicant's consultant to determine if the proposed location is safe. They would prefer to see a shared access point with the property to the south which the applicant is pursuing. If this is not feasible, they will request the curb cut be pushed as far south on this lot as possible, which will require minor revisions to the site plan. If this is still unsafe, accel(decel lanes will be required and there wilt be no left in's and out's allowed. 111. CRffERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-fi(C.), before a change of zone is approved, the applicant shall show and City Council shall find: t. That fire change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Fruitdale Valley Master Plan designates this property as office/business park with general commercial further to the southwest. Low density residential is shown on the east side of Tabor Street. • Planning Division Staff Report Page 3 Case, No. WZ-95-g/Trailer Source, Inc. Normally, Staff would feel that the proposal is. more intensive than the office/business park designation. However, it is the intent of the Fruitdale Valley Plan to encourage those land uses which promote the established "rural" character of the area. Staff concludes that the proposal for highly-specialized, low- volume horse trailer sales is consistent with the intent of the plan. The Master plan also calls for a hierarchy of uses -that is, residential next to low intensity commercial next to higher intensity commercial. With the truck stop and I-70 to the west/southwest, Staff concludes this commercial land use hierarchy is achieved. Since there is no guarantee that this business will stay at this location forever, uses have been limited to those which have low traffic volumes. On the outline plan document, auto-related services and hardware stores should be removed from the list of allowed uses. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes I-70 to the north and the truck stop and 1-70 to the west. The property to the south is used as residential and agricultural. To the south of that is a parcel rezoned to Planned Commercial Development in fgSB which has not yet been developed commercially. To the east, across Tabor Street, is low density residential development. 3. That there will be social, recreational, physical and/or economic benefds to the community derived by the change off zone. There will be economic benefits to the City due to sales tax revenues received. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. There is adequate infrastructure to serve the development. 5. That the proposed rezoning will not adversely affect public heaNh, safety or welfare 6y creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The developer will be responsible for maintaining historic drainage flow on the property. Because of the nature of the development (high amount of open space, small amount of building coverage), there will be minimal reduction of light and air to adjacent properties. The only property which could be affected is the one to the south. In regard to traffic congestion, further investigation is being done by the developer's consultant concerning sight distance on Tabor Street. In 4he worst case scenario, the developer will be responsible for construction of accel/decel lanes on Tabor Street with limited left-hand turns in and out of the property. 6. That the property cannot reasonably be developed under the existing zoning conditions. The current zoning on-site is A-t. Allowed uses under the A-7 zone district regulations include single- family residences, general farming and fish hatcheries. Planning Division Staff Report Page 4 Case No. VI2-95-g/Trailer Source, Inc. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there are other commercially-zoned properties to the west and south. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the bcation, considering available aRematives. There is an apparent void in equine-related sales and services. Based on the rural character of the area, Staff feels this type of business is especially appropriate at this location. Staff concludes that the evaluation criteria support approval of the rezoning. IV. OUTLINE PLAN The outline plan has established three major use areas on the property: outdoor storage/display, landscaping and building, parking and drives. Maximum building coverage is limited to ten percent which would allow up to a 13,900 square foot building footprint. Minimum landscaped coverage is indicated at ten percent, however, staff recommends a higher percent of 25%, due to the land use transition to residential. Building height cannot exceed 50 feet. Staff has worked with the applicant to establish allowed uses which typically have low associated traffic volumes. Staff would recommend 4hat auto service facilities and hardware stores be deleted from the list. All other requirements of an outline development plan have been met. V. FlNAL DEVELOPMENT PLAN & PLAT A one-lot re-subdivision has been submitted with the final development plan. Although Tabor Street is a collector street (60-foot right-of-way width), no right-of-way dedications are required as there is adequate room with the existing Tabor Street right-of-way and the CDOT right-of-way along the front of the property. Three irrigation ditches cross the site, therefore, signature blocks have been added for each of the three ditch companies. A large drainage easement in the northeast quadrant of the property needs to be shown on the plat with a note regarding maintenance. The standard dedicatory statement must also be added. All other requirements of the Subdivision Regulations have been met. The final development plan shows an 8400 square foot building with parking on the north and east sides. A large display lot is to the rear of the structure. This necessitates a crossing of the Bayou Ditch with a bridge. The developer's consultant is working with the ditch company and fire district to satisfy their requirements for the crossing. Planning Division Staff Report Page 5 Case No. WZ-95-9JTrailer Source, Inc. The remainder of the lot is covered with formal and natural landscaping. Staff questions whether the applicant will want to extend the trailer display area further to the south. If so, this needs to be shown, otherwise outdoor display will not be allowed in this area. An existing chainlink fence surrounds the property. There is an existing residence to the south which, per Code, requires asix-foot solid decorative fence with five feet of landscaping. According to the development plan, the applicant is requesting the solid fence be waived. This is a specific variance which must be indicated as such to City Council. Since this case was not published as having a variance, Planning Commission has no jurisdiction to waive this requirement. As indicated in Section II of this report, Public Works has serious concerns regarding the location of the curb cut on Tabor Street. They have suggested that the applicant pursue a shared access with the property to the south. If this is not feasible, they are requesting the cut on this property be located as far south as possible. Based on the engineer's report regarding sight distance on Tabor Street, the construction of accelJdecel lanes may be required, plus the limitation of no left turns in and out of the property. This would require minor revisions to the site plan. Staff recommends that if the zoning is approved, Planning Commission make a recommendation that this issue be resolved prior to City Council. All other requirements for a Planned Commercial Development final development plan have been met. VI. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on May 11, 1995. Those in attendance were: Meredith Reckert, staff Jim Blumenthal, applicant Gayle Blumenthal, applicant J. R. Blumenthal, applicant Jim Clausen, owner Joyce Monfort, 11710 West 46th Ave Kim Stewart, 11700 West 46th Ave Joan Rimbert, 4665 Swadley St Betty Sieck, 4601 Tabor St Richard Carson, 4610 Tabor St Thomas Shockley, 11605 West 46th Ave Concerns expressed included the increased amount of traffic on Tabor Street and the limited sight distance for traffic coming south on the I-70 overpass. It was suggested that perhaps apull-off (decel lane} be built. The neighbors do not want additional commercial traffic (snaking" through the residential neighborhood to the east. Although most residents in attendance acknowledged that there would probably be commercial development along Tabor Street's west side, one would not support the request because she prefers the existing open space. There was concern for site lighting and potential vandalism. VII. STAFF CONCLUSIONS Staff has concluded that the proposal may be more intensive than the officeJbusiness park designation on the Fruitdale Master Plan, however, it meets the intent of the plan to promote the rural character of the area. Staff has concluded that the evaluation criteria support approval of this request. ~ ! Planning Division Staff Report Page 6 Case No. WZ-95-9/Trailer Source, Inc. For this reason, a recommendation of approval is given with the conditions specified below: Outline Plan -Eliminate auto facilities and hardware stores from the list of permitted uses Increase basic landscape requirement to 25% Subdivision Plat -Drainage easement and maintenance note be added Dedicatory statement be added Final development plan -The owner continue working with City staff regarding the curb cut location The applicant pursue variances for residential buffering and sidewalk along Tabor Street. b:\wz959sr 01=1 GI AL ZONING M~t~' 1~JH~~4T RIDGE ~O~OR~'tD0 MAo .~* O?TED: one :5, 199< . Las` Revyix:.ianuary 9, !995 ® AREA REQUIRING SITE PLAN APPROVAL r: --, •~• ~ !00-YEAR PLOOD PLAIN ~___; (APPROXIMATE LOCATION) ~~ ZONE D!STR!GT 30UNDRY ?ARGEL/LOT 30UNDRY CJESIGNAI='S OW\ERSni?i ~~' ~ ..TTY L IN;I° LING _ _ _ _ ~yq T cR F=J1?URE DENOTES MUL-;PLE ADDRESSS v~ TR' `v.:F ~:J'~\;'r.5 A.~'J r/°.0?h~, ~ -735-765? ~~ 20 •arv bw SC.iL'c i'..KfJO M ~• Trailer Source, Inc 15500 Arapahoe Drive Golden, CO 80403 (303) 279-2939 FAX: 279-2440 OVERVIEW OF SALES I VEHICLE SALES a. S&H horse and enclosed trailers -Denver Metro area exclusive b. Charmac horse, enclosed and cargo trailers -Colorado exclusive c. Diamond C flatbed trailers -Colorado exclusive d. Used trailers e. Limited new truck sales f. Living quarters conversions II TRUCK ACCESSORIES a. Cosmetic b. Hitches & related items a Conversions -Dual wheel & related product III SERVICE WORK a. Trailer repair b. Hitch installation IV UNDERCOATING a. New and used vehicles b. New and used trailers ~~~H~~~cTax~~ tR~~~ 20010 off Trailer Service Sed Liners $199 + tax 20010 off Hitch Installation ~t~'s`what we Qf~er: ~$FfCHES, SL INSTALLATIOl~t ~'`DUALI.Y CONVERSIONS Rmv~vneG soARDs • BEDLINERS • BUG SHIELDS • CIISTOM SEATS Trailer Source inc. (5500 Arapahoe Drive Golden, CO 80403 .., • TQNNEAU CoVERB •-BRUSH GUARDS ~ ' '' ^ . ;~~; ~ . • FIBERGLASS FASTBACSS ~ Y~ r ~ ' ~ S , ~ a • MIID FLAPS ~ ` , y :rx.~7».~c Y ~ y` • CUSTOM FiTEL TANGS ~ • DROP BIIMPERS • FOG AND OTHER TYPES OF LIGHTING , , • ALCOA WHEELS • TOOL B.OSES, TIE DOWNS AND OTHER ACCESSORIES . Trailer Source 15500 Arapahoe Dr. W, 44th 265 PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-95-9: DATE: August 3, 1995 REQUEST: An application by Trailer Source, Inc. for James K. Clausen for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development plan and a final development plan and plat. Said property is located at 4651 Tabor Street. , ,Planning Commission Minutes August 3, 1995 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA .. . Page 2 Chairperson ECKHARDT requested the addition of. an item under 10. New Business. With that addition, the agenda for the meeting of August 3, 1995 .was approved by consent. 5. APPROVAL OF MINIITES Typographical errors were pointed out in the third paragraph from the bottom of page 4; and the second to las£ paragraph on page 5. Also on page 5, paragraph .two, it should read Metro system, not Denver system. With those changes, Commissioner WILLIAMS moved for .approval of the minutes for the meeting of July 20, 1995 as amended. Commissioner CRUMPTON seconded the motion. Motion carried 4-0, with Commissioners OWENS and LANGDON abstaining. 6. PIIBLIC FORIIM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Bearing section of the agenda.) Bill Sieck, 4601 Tabor Street, had signed the roster, but stated he didn't wish to speak at that time. 7. ..:..::..:, .. z Mr. Gidley presented the staff report, which included slides. Entered and .accepted into the record were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file, slides and exhibits. Commissioner LANGDON verified that Planning Commission could only make recommendations to City Council regarding variances. Mr. Gidley confirmed that was so. Commissioner RASPLICKA asked if the accel/decel lane was required, would Staff still encourage limiting uses? PIISLIC HEARING Case No. WZ-95-9: An application by Trailer Source, Inc. for James R. Clausen for approval of a rezoning from Agricultural-One to Plaaaed Commercial Development and.fo.r..approval of aa-outlinerdevelopment play and a final development plea and plat. Said property is located at 4651 Tabor Street. 1. Mr. Gidley answered yes, mainly because the proposed development is directly across-the street from existing residential. .. ~ ,. Planning Commission Minutes Page 3 C August 3, 1995 James R. Blumenthal, 5395 Easley Road, Golden, was sworn in. He provided. some background information regarding Trailer Source, Inc., explaining the type of business being proposed.-, Mr.. Blumenthal expressed his preference to leave the entrance to the site .as is. He doubted the need for installation of an additional fire hydrant. Mr. Gidley stated that the fire hydrant dispute must be settled with the Arvada Fire District. Chairperson ECKHARDT asked Mr. Gidley if Commission needed to be involved in the sight distance/accel/decel matter, or if Staff could work that out. Mr. Gidley stated that engineering details were not available and without that information, Commission should not make a decision on that matter. It may or may not be a requirement. The applicant could ask City Council. to waive the requirement, should Planning Staff require it. Chairperson ECKHARDT reminded Commission that the request for rezoning was the. matter under consideration. ! Commissioner WILLIAMS asked Mr. Blumenthal if he had a problem with the-35-foot height limitation. Mr. Blumenthal answered no, and'stated the proposed structure would be .less than 35 feet high. Commissioner RASPLICKA asked if painting would be done on site. „ ,„ Mr..Blumenthal an&wered.that,..only. spray. can-type painting wQU1d be done. Kim Stewart, 11700 West 46th Avenue was sworn in. Ms. Stewart was concerned that the proposed change of zoning would be permanent. She added that she wanted protection for--the residential area. Ms. Stewart felt that Tabor Street was not safe currently and that the proposed development would increase the risks. She elaborated. She was hopeful that the neighborhood would be considered when the-outdoor lighting was designed. Ms. Stewart requested that Tabor Street not be widened, that no center turn lane be installed and that a sidewalk be installed along Tabor Street. Commissioner LANGDON reminded Ms. Stewart that Tabor Street is a collector street, normally 50 feet in width. He asked what protection she wanted for the neighborhood. ~. • Planning Commission Minutes Page 4 C August 3, 1995 Ms. Stewart noted that children are at risk because there is no sidewalk along Tabor, cars travel at high rates of speed without any stop lights for control.. .__ Commissioner LANGDON suggested getting the Police Department involved, since speeding is a violation of the law. He elaborated. Ms. Stewart stated that if businesses continue to come into the. -..- area, then sidewalks should be provided to protect pedestrians. Commissioner LANGDON asked if the installation of .sidewalk would alleviate her safety concerns.. Ms. Stewart stated it would help. Commissioner RASPLICKA asked what was the posted speed limit on Tabor Street. Ms. Stewart answered 25 miles per hour. The speed limited posted on-Tabor Street is 35, miles per hour. Commissioner WILLIAMS asked what business would Ms. Stewart choose to occupy the subject site. Ms. Stewart stated she would prefer the horses remain. She elaborated. Ms. Stewart stated she had'some confusion over the requested zoning change and would like it explained. Commissioner WILLIAMS asked if the restriction. of auto repair Shopsand hardware .stores would lessen her concern. Ms. Stewart stated that it would. However, she stated that those restrictions would not be permanent. Mr. Gidley stated that the restrictions would be permanent. Chairperson ECKHARDT explained that the property is presently zoned A-1. The Fruitdale Master Plan does indicate that business (s) occupy the area west of Taber Street. He asked Mr. Gidley to further explain to Ms. Stewart the difference between the land use designation "office".versus "business" in the Fruitdale Master Plan. Mr. Gidley explained. - Bill Sieck, 4601 Tabor Street, was sworn in_ (Mr. Sieck had ( signed the Public Forum roster.) Mr. Sieck stated he was in favor of the proposed rezoning. He elaborated... He felt the height restriction was unnecessary. Mr. Sieck stated he approved • Planning Commission Minutes Page 5 ~, August 3, 1995 of the proposed landscape plan and how they planned to handle the ditch problem. He thought a three-way stop sign would alleviate many of the traffic hazards/problems. James Clausen, 2940 Ward Court, was sworn in. Mr. Clausen identified himself as the property owner. He gave a brief history of the property and stated the configuration of the property made it difficult to develop. Mr. Clausen gave reasons why the proposed development would work well at that location. Mr. Clausen was opposed to the 25% landscape requirement.. He urged Planning Commission approve the requested rezoning..- Commissioner WILLIAMS asked if the applicant hadn'.t agreed to landscape 320 of .the site? Mr. Clausen stated he was unaware of what the applicant had agreed to. Mr. Gidley stated the applicant had agreed to 29.3% landscaping. Mr. Clause felt_it unrealistic to require that much landscaping, since some much of the property is unusable due to the ditch running through it.. f.. Rita Bader, 4675_Swadley Street, was sworn in. Ms. Bader Stated she lived directly east of the subject site. She had some concern that traffic exiting-the site (vehicles with trailers) could prohibit access to the area by the Fire Department. Ms. Bader spoke of wheelchair accessible sidewalks in the area that go nowhere. She had some concern that Tabor Street would be widened.. Chairperson ECKHARDT stated that to his knowledge, there were no current plans to widen Tabor Street and that was not under consideration that night. Mr. Gidley stated that_the City can retluire the developer to bring the street in front of his business to the full standard. He elaborated. No such plans exist to his knowledge 'in the next five years. At some-point in time,, Tabor Streett~e~laba developed to a collector standard, with curb, gu sidewalk. Ms. Bader asked about utilities for the proposed development. Mr. Gidley stated Valley Water would provide water service to the property; Fruitdale Sanitation District would provide sanitation service. l Tex Junker, 4615 Swadley Street, was sworn in. Mr. Junker stated of the previously proposed plans, he felt this was the best. w:'y-~ a-non- Planning Commission Minutes Page 6 August 3, 1995 However he would like to see a three-way stop-sign installed due to the heavy truck traffic. He told about the-numerous incidents of damage inflicted to his fence and afire.h_ydrant by the - trucks. Commissioner LANGDON asked if he was referring to semi-trucks? He believed that semi-trucks were not allowed in the neighborhood. Mr. Gidley verified that the semi-trucks were not allowed. He suggested signs be posted prohibiting truck traffic. Ann Keller, 4625 Swadley Street, was sworn in. Ms. Keller acknowledged that the land would be developed, however, she preferred that the developer provide additional landscaping and that any structure(s) be limited to two stories.. Commissioner OWENS asked if-the 32% landscaping included that indicated on the,site plan? Mr. Gidley stated the percentage was 29%. He indicated on the site plan where the landscaping would be located. Commissioner OWENS asked what was the normal requirement? Mr. Gidley stated that the landscaping requirement is negotiated and-Staff can require what they feel is appropriate. The absolute minimum is loo for a straight C-1 zone district. Normally, when a Planned Degelopment is reviewed, more than the minimum is required. He added that the neighborhood fought hard to insure the neighborhood was protected by the Fruitdale Master .,Plan. - ,. ,. Commissioner OWENS stated that the property belonging to the State would be incorporated into the landscaped .area. Mr. Gidley stated it appeared that they would have plenty of landscaping. Jim Blumenthal, 9168 West 101st Avenue, Westminster, was sworn in. Mr. Blumenthal noted that currently there is 420 feet of sight distance required, where 450 feet now exists and therefore, he-.thought a accel/decel lane or street widening would not be necessary. Mr. Blumenthal felt that installation of a stop sign and/or-lowering the speed limit could be useful in slowing traffic in the area. The 35-foot height restriction posed no problem, he added. Mr. Blumenthal stated that he was prepared to follow all City requirements regarding barriers, sidewalk or ~ lighting. He explained the type of work that would be performed on site. He elaborated. Planning Commission Minutes Page 7 C.,. August 3, 1995. Chairperson ECKHARDT briefly summarized the case before Planning Commission. Mr. Gidley reminded Commission that two motions should be made: one regarding the zoning and outlizie development plan; the other regarding the plat and final development plan. Mr. Gidley recommended to Commission that the plan be revised to allow outside screened storage.ax~d display associated with business conducted. on the .premises in the central area. Display of finished products would not have to be screened from I-70. Storage of raw materials or-wrecked vehicles would have to be screened. Commissioner OWENS moved that Case No. WZ-95-9, an application by Trailer Source, Inc. for James K. Clausen for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development plan with the following conditions: 1. Eliminate auto facilities and hardware stores from the list of permitted uses; 2. Increase the basic landscape requirement to 25$, which would be inside the lot; 3. Increase the. area allowing outside storage to include the. land west of the building to the west lot line; and 4. The building height be limited to 35 feet. For the following reasons: 1. The basic requirements of an outline development plan have been met; 2. The evaluation criteria support approval of the rezoning; and 3. The proposal meets the intent of the Fruitdale Valley-Master Plan to promote the rural character of the area. Commissioner WILLIAMS seconded the motion. Commissioner LANGDON asked if the motion included allowing additional outside storage. Mr. Gidley answered that it did. Motion carried 6-0. Commissioner OWENS moved that Case No. WZ-95-9, an application by Trailer Source, Inc.-for James K. Clausen for approval of a final l development plan and plat be approved with the following conditions: % Planning Commission Minutes Page 8 August 3; 1995 1. The owner/applicant continue working with City staff regarding the curb cut location. 2.. That the plan be revised to show the required buffering along the south side and sidewalk as may be required along Tabor Street. Commissioner WILLIAMS seconded the motion. Commissioner,LANGDON asked if the subdivision plat needed to be considered? Mr. Gidley answered that motion as stated included the final development plan and plat. Motion carried 6'-0. Chairperson ECKHARDT summarized the outcome of this case. 8. CLOSE THE PUBLIC HSARING Chairperson ECKHARDT called a short recess at 9:23 p.m. Meeting reconvened at 9:33 p.m. 9. OLD BUSINESS A. Discussion of Planning Commission Powers & Duties and Related Charter Provisions Discussion followed.. 10. NEW BUSINESS A. City Council Study Session - July 31, 1995 Chairperson ECKHARDT, Commissioners CERVENY and WILLIAMS attended a City Council Study Session reiterating to Council the importance of undergrounding utilities. Discussion followed. Planning Commission. chose several items in order of priority from City Council's list of nine:.- 1. Consolidate-school sidewalks 2. Three Acre Lane connection 3. General street and sidewalk maintenance Planning Commission feels strongly that any-major street reconstruction include underground utilities as an integral part of the. project. l CERTIFICATION OF RESOLUTION CITY QE WHEAT RIDGE PLANNING CQMMISSION CASE N0: WZ-95-9 LOCATION: 4651 Tabor Street APPLICANT(S) NAME: Trailer Sousse, Inc. OWNER(S) NAME: James K. Clausen REQUEST: Rezoning from A-1 to PCD and approval of an outline development plan APPROXIMATE AREA: 3.2 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to,be considered with the above iequest, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner OWENS, seconded by Commissioner WILLIAMS, that Case No. WZ-95-9, an application by Txailex Source, 1 Inc. for approval of a request fox rezoning from A-1 to PCD and for approval of,an outline development plan for property located at 4651 Tabor Street be APPROVED 'fox the following reasons: 1. The basic requirements of an outline development plan have been met; 2. The evaluation cxiteria'support approval of the rezoning; and 3. The proposal meets the intent of the Fruitdale Valley Master Plan to promote the rural character of ,the area. With the following conditions: 1. Eliminate auto facilities and hardware stores from the list of permitted uses; 2. Increase the basic landscape ,requirement to 25%, which would be inside the lot; 3. Increase the area allowing outside storage to include the land west of the building to the West lot line; and 4. Limit .the building height to 35 feet. VOTE: YES: Eckhardt, Williams, Owens, Rasplicka, Langdon and Crompton • Certificate of Resolution Case_NO. WZ-95-9/Trailer Source,_Tnc. C~ Page 2 N0: None ' I, Sandia Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-4 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 3rd day of August, 1995. ob Ec ardt, Chairperson WHEAT RIDGE PLANNING.COMMI5SION b:\wz959a.res Sand~°x~ T~7iJgins, (S,¢c/xetaxy WHEAT RIDGE PLANN G COMMISSION d f -~ 7500 WEST 29TH AVENUE _. WHEAT RIDGE, CO 80215-6797 (303) 2345900 City Admin. Fax # 234-5924 - Police Dept. Fax # 235-2949 August 29, 1995 Adnan and Associates, Inc. 888 South Lipan Denver, Co 80223 The City of Wheat Ridge RE: Tabor Street Profiles, Tabor Development Subdivision Dear Jamilah, We are in receipt of the plan and profile sheets for Tabor Street and have looked at same. We have requested centerline information north across the bridge several times so _we can investigate the site distance. The information contained in the presented plan and profile is inade- quate. Please forward this information to us at your earliest convenience so review may proceed. Please call me at 235-2863 for further information. Respectfully, John Os~s~PE Senior Project Engineer 1 ~~l iD r.., , ., . r.,;,.. AGENDA ITEM RECAP QUASI-JUDICIAL X -- Yes No PUBLIC HEARINGS - CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES CITY ,ATTY. MATTERS x ORDINANCES FOR 1ST READING _ BIDS/MOTIONS LIQUOR - HEARINGS ORDINANCES FOR 2ND-READING _ INFORMATION ONLY __ _ PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: Case No. WZ-95-9/Trailer Source, Inc SUMMARY/RECOMMENDATIOAI: Consider a rezoning from Agricultural-One to Planned Commercial District for property located at 4651 Tabor Street and £or_approval of an outline development plan. ATTACHMENTS: 1) Council Bi1T No. 2) 3) BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount S Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council. Bill be approved on first reading, ordered published, public hearing be set for Monday, September 25, 1995, at 7:00 p.m. in City Council- Chambers, Municipal Building, and if approved on second reading .take effect-15 days after-final publication. INTRODUCED BY COUNCIL MEMBER _ Council Bill No. ORDINANCE NO. Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT AND APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Trailer Source, Inc. for James K. Clausen for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-95-9, based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One district and to include in the Planned Commercial Development district, the following described land: That part of Lots 7 & 8, Lee's Subdivision, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the West line of Lot 8, Lee`s Subdivision, County of Jefferson, State of Colorado, which point is 166.96 feet north of the southwest corner of said Lot 8; thence north along the West line of Lots 7 & 8, Lee's Subdivision a distance of 221.11 feet to a point; thence north 89° 50' East a distance of 641.3 feet, more or less, to the East line of Lot 7 as shown on the plat of said Subdivision; thence South along the East line of said Lot 7 a distance of 221.11 feet more or less, to a point on the north line of the tract of land described in Book 359, Page 28; thence South 89° 50' West along the northr~rly line of said tract, a distance of 641.3 feet more or less, to the Point of Beginning, except that portion bought by the Colorado Department of Highways. This plat contains 3.0 acres more or less. Section 2._Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Ordinance No. Series of 1995 Page 2 Section 3. Condition.. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for .1995, at 7:D0 o'clock_p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by. a vote of to _, this _ day of , 1995. SIGNED by the Mayor on this _ day of , 1995. DAN WILDE, MAYOR Ordinance No. Page 3 Series of 1995 Wanda Sang, City Clerk 1st Publication: 2nd Publication: Jefferson Sentinel Effective Date: c:\wp60\ord\wz959. ord APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY CITY COUNCIL MINUTES: August 28, 1995 Page -6- .Esther Kettering, representing the owner of the property, Golden Equity, Inc., gave brief ' overview on the history of the property. They requested that C;ounoil favorably consider Carmel Properties proposal. Ron Zeff with Carmel Companies gave history of his Company and showed video. Motion by Mr. Edwards for denial of Resolution 1484; seconded by Mrs. Worth. Mr. Siler will vote against this motion because he would like to see Carmel go out and work with the neighbors and see 'rf they can't come up with some equitable agreement for this piece of property. Motion failed 4-4 with Councilmembers Dalbec, Fields, Worth, and Edwards voting yes. Mayor Wilde broke the tie by voting no. Motion #ailed 5-4. Motion by Mr. Siler to postpone the vote on this and direct Cannel Company to go out and work with the residents of the area around there in Wheat Ridge on 44th & Youngfield and the residents of unincorporated Jefferson County to see if they can't come up with some type of resolution to this that might be acceptable to all parties and bring it back before Council; seconded by Mr. Solano; carried 5-3 with Councilmembers Dalbec, Fields, and Edwards voting no. Motion by Mr. Edwards that an Ordinance be drafted regarding impact fees; seconded by Mr. Solano; carried 8-0. ORDINANCES ON FIRST READING Item 4. Council Bill 25 - An Ordinance providing for the approval of rezoning from Agricultural-One to Planned Commercial Development District and approval of an Outline Development Plan on land located at 4651 Tabor Street, City of ~~ ~ Wheat Ridge, County of Jefferson, State of Colorado. ~~ (Trailer Source, Inc. for James K. Clausen) Council Bill 25 was introduced on first reading by Mrs. Behm; tit-e read by the Clerk. Motion by Mrs. Behm that Council Bill 25 be approved on first reading, ordered published, public hearing be set for Monday, September 25, 1995 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by ;carried 7-0. ~ MEMORANDUM ~ CASE NO. WZ-95-9 EXHIBIT 'A' 1. There are ongoing problems with the plat. These are fairly minor in nature and we are working with the developer to finalize our review. 2. There are ongoing minor issues to be resolved with the drainage report and grading plan. 3. There are at least 3 irrigation ditches that cross the site. We understand that the developer has been working with the ditch companies and that these negotiations will be ongoing until completion. 4. There is an issue with site distance on the west side of Tabor Street at the site's entrance. Staff's review of the Tabor Street centerline profile as submitted by the Developer indicates that there is insufficient stopping site distance and intersection distance on the roadway to --allow ingress/egress from the proposed entrance to Tabor Street. Both of these site distance issues may be addressed by removal of the guard rail to the Tabor Street/I70 bridge and adequate barrier provided by construction of curb and gutter along the west side of the Tabor Street from the south side of the property to the bridge abutment. 5. The Developer agrees that he has an obligation to con- struct required public improvements on his Tabor Street property frontage. FROM: RE: DATE: Approved Date MEREDITH RECICERT, PLANNER JOHN OSS, SENIOR PROJECT ENGINEE~ TABOR DEVELOPMENT SUBDIVISION SEPTEMBER 19, 1995 Public Works is recommending presenting this development subject to the following comments and restrictions: Staff is recommending the Developer be required to construct curb and gutter along their Tabor Street frontage and execute a development covenant committing the property to construct sidewalk when so directed by the City. 6. Access to Tabor Street will be made across CDOT right of way. We expect the developer will be required process an access permit with the City and CDOT to accommodate the 1 change in access resulting in the change in use of the site. 7. There is sufficient right of way across the developer's Tabor Street frontage for construction of the public improve- ments in right of way. If additional right of way is re- quired for slope construction related to sidewalk construc- tion, this can be provided by permanent easement. 9. Construction of curb and gutter needs to happen when the developer removes the guard rail and constructs his improve- ments. Funding for these offsite improvements are the re- sponsibility of the City and may be paid for from the Capital Improvements Fund Miscellaneous Streets Account this year or next as appropriate. We are recommending approval of this development subject to the following restrictions: 1. The drainage report and grading and drainage plan are completed to meet Public Work's requirements. 2. The Developer design the curb and gutter from their south property line to the I70 bridge, remove the guard rail along their property's Tabor Street frontage, construct curb and gutter along the property's Tabor Street Frontage and execute a develop- ment covenant addressing the construction of sidewalk at a later date. Construction of the curb and gutter needs to be completed prior to issuance of a building permit. 3. The problems with the plat be satisfactorily addressed. 4. The several ditch companies whose ditches traverse the development give their approval on the plat, plans and drainage report prior to construction on site. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the_City of Wheat Ridge City Council on-September 25 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, aCa~a No= WZ-95=9? An application by Trailer Source, Inc. for James K. Clausen-for approval of a final development plan and plat with variances. Said property is located at 4651 Tabor Street and is legally described as follows: That part of Lots 7 and 8, Lee's Subdivision, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the West line of Lot 8, Lee's Subdivision, County of Jefferson, State of Colorado, which point is 166.96 feet north of the southwest corner of said Lot 8; thence north along the West line of Lots 7 & 8, Lee's Subdivision a distance of 221.11 feet to a point; thence north 8950' East a distance of 641.3_feet, more or less, to the East line of Lot 7 as shown on the plat of said Subdivision; thence South along the East line of said Lot 7 a distance of 221.11 feet more or less, to a point on the north line of the tract of land described in Book 359, Page 28-;-thence South 89o50''West along the northerly line of said tract, a distance of b41.3 feet more or less, to the Point of Beginning, except that portion bought by the Colorado Department of Highways. This plat contains 3.0 acres more or less. ~- /' Sandra Wiggins, ~/cretary ATTEST: Wanda Sang, City-Clerk To be Published: September 7, 1995 Jefferson Sentinel C:\WP60\pc\9795.PHN -500 WEST 29TH AVENUE =.o. Box s3a The City of l^JHEAT RIDGE. CO 80034-0638 {303) 234-5900 cWheat - City Admin. Fax ~ 234.5924 Police Dept. Fax ~ 2352949 Ridge September 8, 1995- ~;. This is to inform you that Case No. w~_aS_9 which is a request for approval of a rezoning from A-1 to Planned Commercial Development and approval of an outline development plan & final plan and plat with a public improvements variance for property located at dF,SI mahor Gt-rPet will be heard by the Wheat Ridge city Council in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at ~.DA ~ m , OII RantamhPr ~,~ l 995 - -- - -- All owners and/or their legal counsel o£ the parcel under consideration mu be present at this hearing before the City Council 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 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 i.n , nature. Please do not contact your Planning Commissioners or Council people to discuss the merits o£ 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: September 25, 7995 DATE PREPARED: September 14, 1995 CASE NO. & NAME: WZ-95-9/Trailer Source CASE MANAGER:~redith Reckert ACTION REQUESTED: Rezone from A-1 to PCD LOCATION OF REQUEST: 4651 Tabor Street NAME & ADDRESS OF APPLICANT(S): Trailer Source, Inc., 75500 Arapahoe Drive, Golden 80403 NAME & ADDRESS OF OWNER(S): James Clausen, 2940 Ward Court, Lakewood 80215 APPROXIMATE AREA: 3.2 acres . PRESENT ZONING: A-1 PRESENT LAND USE: Vacant/agricultural SURROUNDING ZONING: N S: A-1; E: R-2; W: C-1 SURROUNDING LAND USE: N:I-70; S, E:: Single-family, agricultural; W: truck stop COMPREHENSIVE PLAN FOR THE AREA: Fruitdale Valley Master Plan: Office/business park DATE PUBLISHED: September 7, 7995 DATE POSTED: September 71, 1995 DATED LEGAL NOTICES SENT: September 8, 1995 AGENCY CHECKLIST: (XX) ATTACHED RELATED CORRESPONDENCE: (XX) ATTACHED - ---------------------------------------------------- ENTER INTO RECORD: (x) COMPREHENSIVE PLAN (x) ZONING ORDINANCE (X) SUBDIVISION REGULATIONS ( )OTHER ()NOT REQUIRED ( )NONE (x) CASE FILE & PACKET MATERIALS ()SLIDES (x) 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-g/Trailer Source, Inc. REQUEST The applicant requests approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline plan and a filial development plan and plat at 4651 Tabor Street. The property in question is 3.2 acres in area and is located at the southwest quadrant of I-70 and Tabor Street. If the rezoning is approved, the applicant intends on building a horse trailer sales and service facility. Accessories, hardware and some vehicle sales and service would occur. A small amount of fabrication will be required for the customization of units. 11. AGENCY REFERRALS All agencies can serve the property with required improvements. Valley Water District will require line extensions and fire hydrant installation. Arvada Fire District will require fire hydrant installation and adequate turn-around area. They are concerned with access to the display area. Colorado Department of Transportation owns the right-of-way in front of the property. They have no problems with the proposal. An access permit will be required. Police Department is requesting adequate site lighting and access in and out if the entrance is gated Public Works Department is reviewing a drainage report and is requiring revisions. Street construction plans and an erosion control plan will be required prior to,issuance of a building permit. They are also concerned regarding location of the curb cut and sight distance on Tabor. As such, they will require roadway widening and the construction of curb and gutter along Tabor including removal of the guardrail. A development agreement will be signed for sidewalk construction. Please see attached Exhibit °A'. III. CRITERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-ti(C.}, before a change of zone is approved, the applicant shall show and City Council shall find: 1. That 4he change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Fruitdale Valley Master Plan designates this property as office/business park with general commercial further to the southwest. Low density residential is shown on the east side of Tabor Street. Planning Division Staff Report Page 3 Case No. WZ-95-9/Trailer Source, Inc. Normally, Staff would feel that the proposal is more intensive than the office/business park designation. However, it is the intent of the Fruitdale Valley Plan to encourage those land uses which promote the established "rural" character of the area. Staff concludes that the proposal for highly-specialized, low- volume horse trailer sales is consistent with the intent of the plan. The Master plan also calls for a hierarchy of uses -that is, residential next to low intensity commercial next to higher intensity commercial. With the truck stop and I-70 to the west/southwest, Staff concludes this commercial land use hierarchy is achieved. Since there is no guarantee that this business will stay at this location forever, uses have been limited to those which have low traffic volumes. On the outline plan document, auto-related services and hardware stores have been removed from the list of allowed uses pursuant to the Planning Commission's recommendation. 2. That the proposed change of zone is compatible with the surtounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes I-70 to the north and the truck stop and I-70 to the west. The property to the south is used as residential and agricultural. To the south of that is a parcel rezoned to Planned Commercial Development in 7988 which has not yet been developed commercially. To the east, across Tabor Street, is low density residential development. 3. That there will 6e social, recreational, physical and(or economic benefds to the community derived by the change off zone. There will be economic benefits to the City due to sales tax revenues received. 4. That adequate infrastructure/faalities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. There is adequate infrastructure to serve 4he development. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The developer will be responsible for maintaining historic drainage flow on the property. Because of the nature of the development (high amount of open space, small amount of building coverage, limited building height), there will be minimal reduction of light and air to adjacent properties. The only property which could be affected is the one to the south. In regard to traffic congestion, adequate sight distance will be provided with the removal of the guardrail along Tabor Street. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The current zoning on-site is A-f. Allowed uses under the A-1 zone district regulations include single- family residences, general farming and fish hatcheries. Planning Division Staff Report Page 4 Case No. WZ-95-9/Trailer Source, Inc. 7. .That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there are other commercially-zoned propefties to the west and south. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the bcation, considering available alternatives. There is an apparent need for equine-related sales and services in the vicinity. Based on the rural character of the area, Staff feels this type of business is especially appropriate a4 this location. Staff concludes that the evaluation criteria support approval of the rezoning. N. OUTLINE PLAN The outline plan has established three major use areas on the property: outdoor storage/display, landscaping and building, parking and drives. Maximum building coverage is limited to ten percent which would allow up to a 13,900 square foot building footprint. Minimum landscaped coverage has been increased to 25%, due to the land use transition to residential. Building height cannot exceed 35 feet, which is the same as residential building height restrictions. Because of these limitations, Staff concludes the rezoning and outline plan meet the intent of the Fruitdale Valley Master Plan. Staff has worked with the applicant to establish allowed uses which typically have low associated traffic volumes. Auto service facilities and hardware stores have been deleted from the list. There was a note prohibiting billboards on the property which the applicant has removed. Staff recommends billboards not be allowed and 4he note 6e put back on the outline plan. All other requirements of an outline development plan have been met. V. FINAL DEVELOPMENT PLAN & PLAT A one-lot re-subdivision has been submitted with the final development plan. Although Tabor Street is a collector street (60-foot right-of-way width), no right-of-way dedications are required as there is adequate room with the existing Tabor Street right-of-way and the CDOT right-of-way along the front of the property. Three irrigation ditches cross the site, therefore, signature blocks have been added for each of the three ,ditch companies. A large drainage easement in the northeast quadrant of the property needs to be shown on the plat with a note regarding maintenance. The standard dedicatory statement must also be added. All other requirements of the Subdivision Regulations have been met. The final development plan shows an 8400 square foot building with parking on the north and east sides. A large display lot is to the rear of the structure. This necessitates enclosing the Bayou Ditch with a 30- foot-long culvert. The developer's consultant is working with the ditch company and fire district to satisfy their requirements for the crossing. Planning Division Staff Report Page 5 Case No. WZ-95-9/Trailer Source, Inc. The remainder of the lot is covered with formal and natural landscaping. If the applicant intends on using the area west of the building for outdoor storage and display, it must be shown as such. An existing chainlink fence surrounds the property. All other requirements for a Planned Commercial Development final developmenE plan have been met. VI. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on May 11, 1995. Those in attendance were: Meredith Reckert, staff Jim Blumenthal, applicant Gayle Blumenthal, applicant J. R. Blumenthal, applicant Jim Clausen, owner Joyce Monfort, 11710 West 46th Ave fGm Stewart, 11700 West 46th Ave Joan Rimbert, 4665 Swadley St Billy Sieck, 4601 Tabor St Richard Carson, 4610 Tabor St Thomas Shockley, 11605 West 46th Ave Concerns expressed included the increased amount of traffic on Tabor Street and the limited sight distance for traffic coming south on the I-70 overpass. 14 was suggested that perhaps apull-off (decel lane) be built. The neighbors do not want additional commercial traffic (snaking" through the residential neighborhood to the east. Although most residents in attendance acknowledged that there would probably be commercial development along Tabor Street's west side, one would not support the request because she prefers the existing open space. There was concern for site lighting and potential vandal ism. VII. PLANNING COMMISSION ACTION A public hearing was held before Planning Commission on August 3, 1995. A recommendation for approval was made for the following reasons: 1. The basic requirements of an outline development plan have been met; 2. The evaluation criteria support approval of the rezoning; and 3. The proposal meets the intent of the Fruitdale Valley Master Plan to promote the rural character of the area. With the following conditions: 1. Eliminate auto facilities and hardware stores from the lis4 of permitted uses; 2. Increase the basic landscape requirement to 25%, which would be inside the lot; 3. Increase the area allowing outside storage to include the land west of the building to the West lot line; and 4. Limit the building height to 35 feet. Planning Division Staff Report Page 6 Case No. WZ-95-g/Trailer Source, Inc. Items 1, 2 and 4 have been addressed on the outline development plan. If the applicant intends on using the area west of the building for outdoor storage and display, it must be shown as such. VIII. STAFF CONCLUSIONS Staff has concluded that the proposal may be more intensive than the office/business park designation on the Fruitdale Master Plan, however, it meets the intent of the plan to promote the rural character of the area and provide a land use transition between residential and heavier commercial. Staff has concluded that the evaluation criteria support approval of this request. For this reason, a recommendation of approval is given with the conditions specified below: Outline Plan - A note prohibiting billboards be added. Subdivision PIa4 -Drainage easement and maintenance note be added Dedicatory statement be added Final development plan -The outdoor storage/display area be expanded to include the area west of the building. VIII. RECOMMENDED MOTIONS REZONING & OUTLINE PLAN OPTION A: "I move that Council Bill No. _, a request for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development for property located at 4651 Tabor Street, be Approved for the following reasons: 7. The evaluation criteria support approval of the request. 2. It meets the intent of the Fruitdale Valley Master Plan to promote the rural character of the area and provide a land use transition. 3. All requirements for an outline plan have been met. With the following conditions: A note prohibiting billboards be added. OPTION B: I move that Council Bill No. ,_, a request for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development for property located at 4651 Tabor Street, be Denied for the following reasons: 2. 3. " FINAL DEVELOPMENT PLAN & PLAT OPTION A: "I move that Case No. WZ-95-g, a request for approval of a final development plan and plat for, property located at 4651 Tabor Street, be Approved for the following reasons: Planning Division Staff Report Case No. WZ-95-9JTrailer Source, Inc. 1. The plan allows for an increased amount of landscaping. 2. Residential building height restrictions have been provided. 3. It promotes the rural character of the area. With the following conditions: Subdivision Plat: f. A drainage easement and maintenance note be added; 2. A dedicatory statement be added; and 3. All concerns expressed in Exhibit 'A' be resolved. Final development plan: Page 7 1. The outdoor storage/display area be expanded to include the area west of the building; and 2. All concerns expressed in Exhibit 'A' be addressed.'° OPTION B: "I move that Case No. WZ-95-9, a request for approval of a final development plan and plat for property located at 4651 Tabor Street, be Denied for the following reasons: f. 2. 3. " b:~wz959.sr ~. .~ .~ .; i~ `I ~9 ~o ~~ 11 i ~~ I ~I 4 F~ a war I_~O naE ~ ,, ~,.- --- _ ~ ---- l l~ ~ ;i ~ ~ .. \ ~ ( wz--ro-ue ; ; ~ ~aS-~~ c'-'-~~i !1 II i WZ-eV-0 i ! a;"-",~ ~ __.~j III P~D! 11 ' ' , %, - ~ i i Isxoarr. tense ~ ~ i. ~ ~ ~. „'~ ~; ~~ \ ':; Nj ~~\_., I iii ijj /,, ~ I~I / ;` ~' ~_2 1'v~ li i I ~ , _, _ _ ~ - , ~J ~,o ~~ 1'~t- G-I f---_. -: BRCM1IN ~ B w=-~.o, w .~ ;~ _ I w urR nve nN.T. GEKLOPl1@!T CORP. 4i~L ~ Rc-SUB ! I PARK i "I THc ~ I II SUB G~ .-.. ~ G~ I~//~///~(///// i i i i i i i - _~_~~~~ r ~ ~-'._. r~i -:u ~-`~'til r.•~~~~ ~ q \ PRp3Pe[T ~neK nnce PGD waec.i wz-eb~l] -, , , ~ I m ---1~--~,-,`I~ . - -1 OPPiGIAI_ ZONING M,~P ~ ~ ARcA RcOUIRING 5!TP PLAN APPROVA:. ~~ IG l~lH~~4T ~IDG~ I cO~o~~Do --- ~~ 'oO-YEAR=LOODPLAIN ipoo{ZOXf"^AT= LOGAT!OM ZON2 7~STRIGT 3OUNDR" _ _..e.'"'.,^~.-, v,4n A'JO°T=p: ~:~n¢ 3. qq< _cs' 2e~sicrv _en:.e.y 9. '995 ..- ~ ~. ~ PARGcL/~O- 30::\72=' (D-5!G\A c5 O:.\H~S=~?i .., -, _iK~- _:N~ SGiL= "-<oC - . .. r.A'-2 ==A-i.Z - 7ENOT~ `^UL:'?;~ A77R°_SSo~ - _,. ja .. 1 CITY COUNCIL MINUTESt September 25, 1995 Page -3- Mr. Middaugh responded to the allegations by stating that his memo regarding Mr. Edwards' access to City Hall had nothing to do with ethics. Mr. Middaugh was carrying out instructions given to him by his boss. When advised by the City Attorney that this was not proper, the memo was immediately rescinded. The Public Comment memo was simply a question raised to be discussed by Cify Council. The Day Care issue did not involve Mr. Middaugh. The Parking Lot issue was discussed with the. City Attorney and his legal opinion is there was no violation of the Charter; this was communicated to City Council. Motion by Mr. Siler to continue the meeting; this political discussion was not part of this meeting; seconded by Mrs. Worth; carried 8-0. Item 2. .Council Bill 25 - An ordinance providing for the approval of rezoning from Agricultural-One to Planned Commercial Development District and approval of an outline development plan on land located at 4651 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-95-9)"-(Trailer Source, Inc. for James K. Clausen) Council Bill 25 was introduced on second reading by Mrs. Behm; title read by the Clerk; Ordinance Number 1008 assigned. Mr. Gidley was sworn in by the Mayor and presented the staff report. Jim Blumenthal, President of Trailer Source, Inc., applicant, was sworn in by the Mayor. He introduced his mother and father, who are part of his corporation, they were swom in by the Mayor. He has no problem with billboard prohibition; explained the type of work they would be doing; answered Councils' questions. Edmond Marino, 4655 Swadley, was sworn in by the Mayor; he spoke in opposition to the rezoning; feels that anything bigger than a 2-horse trailer will be too big on Swadley Street; they won't all use Tabor or 44th Avenue; we don't need any more transients in that area. Tim Mc Mannes, Real Estate Broker for this property, was swom in by the Mayor; he spoke in favor of the rezoning. He pointed out that the proximity to the truck stop has turned away higher end development over the years. ~' ~._.t CITY COUNCIL MINUTES: September 25, 1995 Page -4- Motion by Mrs. Behm that Council Bill 25, a request.for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development for property located at 4651 Tabor Street, be approved for the following reasons: 1. The evaluation criteria support approval for the request. 2. It meets the intent of the Fruitdale Valley Master Plan to promote the rural character of the area and provide a land use transition. 3. All requirements for an outline plan have been met. With the following conditions: 1. A note prohibiting bill boards be added; seconded by Mr. Eafanti. Mrs. Worth will vote against this because the Fruitdale Mini Master Plan calls for Office Business Park in that area. Mrs. Dalbec will also vote against this because of the Master Plan and the sound barrier issue. Motion carried 6-2 with Mrs. Dalbec and Mrs. Worth vo#ing no. Motion by Mrs. Behm that Case No. WZ-95-9, a request for approval of a final development plan and plat for property located at 4651 Tabor Street, be approved for the following reasons: 1. The plan allows for an increased amount of landscaping. 2. Residential building height restrictions have been provided. 3. it promotes the rural character of the area. With the following conditions: Subdivision Plan: 1. A drainage easement and maintenance note be added; 2. A dedicatory statement be added; and 3. All concems expressed in Exhibit 'A' be resolved. Final development glan• 1. The outdoor storage/display area be expanded to include the area west of the building; and 2. All concerns expressed in Exhibit 'A' be addressed; seconded by Mr. Eafanti; carried 6-2 with Mrs. Dalbec and Mrs. Worth voting no. Item 3. Public input on the 1996 Annual Budget. There was no one present to speak. DECISIONS, RESOLUTIONS. AND MOTIONS Item 4. 1995 Traffic Systems Improvement Program (RFB #95-23). Motion by Mr. Solano that the 1995 Traffic Signal Improvement Program, West 44th Avenue and Youngfield Street, Project T-TS1.02-95 (RFB #95-23), be awarded to W.L. Contractors in the amount of their corrected bid of $69,780.40. That a 2% early completion incentive bonus in the amount of $1,396.00 be established. That a contingency account in the amount of $6,979.00 be established. That $20,000.00 be transferred from the Capital Improvements Fund. Accessibility Account Number 30-303-844 to the Capital Improvements Fund. Traffic Signal Replacement Account Number 30-304-843. AGENDA ITEM RECAP X PUBLIC HEARINGS PROC./CEREMONIES BIDS/MOTIONS INFORMATION ONLY QUASI-JUDICIAL X _ _ Yes No _ CITY ADM. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS - PUBLIC-COMMENT = ELEC. OFFICIALS MATTERS -I ORDINANCES FOR 1ST READING X ORDINANCES FOR 2ND READING .RESOLUTIONS AGENDA ITEM TITLE: Case No. WZ-95-9/Trailer Source, Inc. SUMMARY/RECOMMENDATION: Applicant requests approval of a rezoning from A-1 to PCD, approval of an-outline development plan and final plan and plat for property located at 4651 Tabor Street. A recommendation of Approval with conditions is given. ATTACHMENTS: 1) staff re ort BUDGETED .- p ITEM 2) exhibits Yes No 3) ODP/FDP Fund.. Dept/Acct # Budgeted Amount' S Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: REZONING & OUTLINE PLAN OPTION A: "I move that Council-Bill No. a request for approval of a rezoning from Agricultural-One to Planned Commercial Development and for approval of an outline development for property located at 4651 Tabor Street, be Approved for the following reasons: 1. The evaluation criteria support approval of the request. 2. It meets the intent of the Fruitdale Valley Master Plan to promote the rural character of the area and provide a land use transition. 3. All- requirements for an outline plan have been met. With the following conditions: 1. A note prohibiting billboards be added FINAL DEVELOPMENT PLAN& PLAT OPTION A: "I move that Case No. WZ-95-9, a request for approval of a final development plan and plat for property located at 4651 Tabor Street, be Approved for the following reasons: 1. The.-plan allows for an increased amount of landscaping. 2. Residential building height restrictions have been provided. 3. It promotes the rural character of the area.. With the following conditions: Subdivision Plat: 1. A drainage easement and maintenance note be added; 2. A'dedicatory statement be added; and 3. All concerns expressed in Exhibit. 'A' be resolved. Final development plan: 1. The outdoor storage/display area be expanded to include the area west of the. building; and 2. All concerns expressed in Exhibit 'A' be addressed." i CONTACT NUMBER 3 DATE: 22 SEPT, 1995 SIIBDIVISYON NAME: TABOR DEVELOPMENT SUBDIVISION ENGINEER: NAME: ADNAN ASSOCIATES. INC. PHONE: (3031 936-3423 FAX: (303) 936-0161 CITY REPRESENTATIVE: CHUCK BRADEN REMARKS: CHANGE BEARING AND DISTANCE ON EAST LOT LINE IN SEC. TIE DIAGRAM TO REFLECT SAME IN LOT DRAWING CHANGE BEARING AND DISTANCE ON NORTH LINE IN SEC. TIE DIAGRAM TO REFLECT CHANGES IN THE LOT LEGAL DESCRIPTION CHANGE THE TIE TO THE POINT OF. BEGINNING_ OF THE EASEMENTS TO REFLECT SAME IN THE LEGAL OF THE EASEMENTS ADD °E%CEPT ANY PORTION THEREOF DEDICATED TO PIIBLIC IISE" TO LEGAL ALL LEGALS CLOSE TO THE SATISFACTION OF THIS REVIEWER ENGINEER REPRESENTA_TIpE: JAMILAH ADNAN . REMARKS: WILL MAKE CORRECTIONS AND SUBMIT CORRECTED PLAT ON MONDAY MORNING (25 SEPTEMBER 1995) How contact made: person PHONE letter fax REPRESENTATIVE: City: Engineer: Callback 1 Date: Remark: Callback 2 Date: Remark: Callback 3 Date: Remark: _ ~i~ INTRODUCED BY COUNCIL MEMBER BERM Council Bill No. 25 ORDINANCE NO. 1008 Series of 1995 TRLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT AND APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Trailer Source, Inc. for James K. Clausen for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-95-9, based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One district and to include in the Planned Commercial Development district, the following described land: That part of Lots 7 & 8, Lee's Subdivision, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the West line of Lot 8, Lee's Subdivision, County of Jefferson, State of Colorado, which point is 166.96 feet north of the southwest corner of said Lot 8; thence north along the West line'of Lots 7 & 8, Lee's Subdivision a distance of 221.11 feet to a point; thence north 89° 50' East a distance of 641.3 feet, more or less, to the East line of Lot 7 as shown on the plat of said Subdivision; thence South along the East line of said Lot 7 a distance of 221.11 feet more or less, to a point on the north line of the tract of land described in Book 359, Page 28; thence South 89° 50' West along the northerly line of said tract, a distance of 641.3 feet more or less, to the Point of Beginning, except that portion bought by the Colorado Department of Highways. This plat contains 3.0 acres more or less. Section 2. Vested Prooertv Rights Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue ~. pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Ordinance No. 1008 Page 2 Series of 1995 Section 3. Condition. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code . of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of a to o on this 2sth day of AuQUSt , 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 25 , 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 2 . this 25thday of September , 1995. SIGNED by the Mayor on this 26thday of September ; 1995. DAN WILDE, MAYOR Ordinance No. 1008 Series of 1995 `-/~ `LrL Ci--: ~~~ Wanda Sang, City Cle(12S Page 3 APP AS TO FOR B CI Y TTORNEY GERALD DAHL, CITY ATTORNEY 1St PUbliCatlOn: September 7, 1995 and (The Rocky Mountain News) -September 8, 1995 2nd Publication: October 5, 1995 Jefferson Sentinel Effective Date: October 20, 1995 c:~wp601ord~wz959.ord 7500 WEST 29TH AVENUE _- ~ _.. _ThB Clfy Of P.O. BOX 638 _ _ WHEAT RIDGE. CO 80034-0638 j303) 234-5900 heat City Admin.Fax~234-5924 Police Dept. Fax=235-2949 '~i(i0'e - January 12, 1996 Mr. Jim Blumenthal Trailer Source, Inc. 15500 Arapahoe Drive _ _- Golden CO. 80403- .._.. Dear Jim: Please be advised that at the time of this writing, the City has not yet received Mylars of the outline development plan and final - plan and plat for recording for your property at 4651 Tabor _ Street. Pursuant to Section 26-.25(V)_(B)(3)(c), "All approved final development plans (and plats) shall be recorded with the _ Jefferson County Clerk.-and Recorder .- within thirty (30) days of Council's final action."_. If.it is not received withir_ 60. days, Staff shall schedule a public hearing to reconsider City Council's action. It has been almost four months. since your final-public hearing. What is-the delay? Please attend to this at your earliest __ convenience. If you have any questions, do not hesitate to contact meat 235- 2848.. - . Sincerely, Meredith Reckert _ _ _ Planner _ MR:slw ~~;.-- "WZ-95-9 Ca r,~,, ,. c,r r„~„~~~ 7500 WEST 29TH AVENUE T'1~' ~.i~ C' . WHEAT RIDGE, CO 80215-6797 - -- (303) 234-5900 Wheat City Admin. Fax # 234-5924 Police Dept. Fax ;r 235-2949 Ridge May 2, 1996 CERTIFIED Mr. J. R. Blumenthal Trailer Source 4651 Tabor Street Wheat Ridge CO 80033 Dear J. R.: Please be advised that at the time of this writing the City of Wheat Ridge has not received recordable Mylars of your outline plan-and final development plan and plat. Consider this letter as notice that if the City has not received recordable Mylars within 30 days of the receipt of this letter, your__T_emporary Certificate of Occupancy will be revoked and the electrical and gas service will be disconnected. The Mylars must be .signed and sealed by the surveyor who prepared the survey. The owners and ditch company president must sign as well. Should you have any questions, feel free to contact me at 235- 2848. Sincerely, Meredith Reckert Planner =ENDER: Complete items 1 and/er 2 for atldtional services. I aSO wish f0 reC21Ve the MR : S 1 W ~ ~-complete ¢ems s, and as s b. following services (for an extra fee): - Print your name and address on the reverse of this form so that we can return this card w~p y~+~ 1. ^ Addressee's Address Attach this form to the front of the mailpiece, a on the back if space tlce".'not permit. ~.- Write "Return Receipt Requested" on the mailpiece below the article number, 2. ^ RestrCted DeIVery The Return Receipt Fee will provide you [he signature of the pe5pn delivered to antl the dare of tlelmerv. Consult postmaster for fee. 3.~;r[icle Addressed to: 4a. Article Number `,` 1YFr. :T. ~. gYtamstat7laZ P 912 4 01 4 2 4 _ -- _'~YB~..~ tltY ~CYtI.YCC 4b. Service Type --= -. i6aS. T83iUr StTPrl4t -_ 1Yheat A$dg+3 CO 80033 ~ CERTIFIED -lea Flaraui,agjJDeverloa=mc~;Yt 7. Date S~SignatUr2 . ( sue) S. Addr se s ddress PC6TAGE RETURN RECEIPT SERVICE CERIIFlED FEE i RETURN RECEIPT TOTAL POSWGE PND FEES A;r. J. ]i'. Bltnt~7a1 '1'z's~.lsr FrAU..ti'Ce . 46x1 `143ix)r $~St#Ek ld'al4s#~ €~~~ CC?, Sa303~ Rea Pla~nnirts/I~vs7.o~a~tent . PS FORM 3800 .. ,. a w~ J a F- z RECEIPT FOR CERTIFIED MAIL 0 n (ONLY if requested and fee paid.) POSTMARK OR DATE o W O J _ W fJl >N- LLB` W ~ 0~~ .;~ ~~ W H E A T 7 5 0 0 WEST 2 9TH A V E N U E R I D G E WHEAT R[DGE. COLORADO 80215 g~{# (303) 235-2857 F To: J~Nt ~ c,A~-1 A ( _ _- C' From: /-lGl~-~ i7 /~ S Date: "r- ZZ -r'1~_ I No. of Pages ~~ ,. M (not including cover sheet) I Comments: d(s /~ ~0 ~ ~- ~ u> ~ P -ro r~s~~ ~ ConJ ~~5 L p~~~s~ ~U+Ntrn/A7~ ~rrc-K co srcrr/~~~ L~c~-rror~S ~ t_~~t- aESC;erpTrvnis, PL:~WWING AND 'LOWING - PARKS AND RECREATIOW Pl!t3LI(- ~'/~ 5 _ _-- (;n31 ~ ;;_2SG 1 dill ~) ~i;-?R-l ~i W H E A T '75 00 WEST 29T~A AVENUE F A C S I M I L E R I D G E WHEAT R IDGE, COLORADO 80215 /(~ ~~ Q FAX# (303) 235-2857 From: M.~-C-dC-e-~~" -- Date: 'S-ZZ -~~ It'o. oC Pages Z (not including cover sheet) -~wu ~ ~u0W1Lyt1~~~;~{1u+~- ~ nwixninunnn PLANNING ANDLONING - PARKS ANll RC;CREA't'[ON PUBLJ(' VVORT;S ( :0>) ?ii-78-16 {;U3 j 235-2877 ~ ;(~3) ~? i-28G I 7500 WEST 29TH AVENUE The City o. WHEAT F{IDGE, CO 802156797 (303) 234-5500 cwheat City Admin. Fax # 234-5924 Police Dept. Fax: 235-2949 Ridge May 21, 1996 Karl Aires Bayou Ditch Company 5309 Allison St. Arvada, Co. 80002 Re: Trailer Source Property Located at 4651 Tabor Street Dear Ms. Aires: It has come to my attention that you have refused approval of modifications to the Bayou Ditch, as said irrigation ditch traverses through property owned by James Blumenthal, located at 4651 Tabor Street. Additional, you have refused to sign Certifications of-Approval for the Tabor Development Subdivision and Tabor Development Planned Commercial Development - Final Development Plan. Although it is important that you and the owner come to agreement on such modifications, the City is not obligated by law to obtain written permission from private ditch companies to approve in final form, and record subdivision plats or final development plans. Additionally, the City is not obligated to assure that modifications to irrigation ditches are fully acceptable to the ditch company, prior to issuance of a Cert-ificate of Occupancy relating building permits. Although the City of Wheat Ridge incourages coordination and cooperation between property owners and ditch companies, and will continue to try to facilitate such coordination and cooperation, matters relating to modification of irrigation ditches are private matters between the ditch company and the private property owner who made such modifications. As such, it is the intent of the City to record the Tabor Development Subdivision and Final Development Plan without the Bayou Ditch Company Wadsworth Ditch Company or Brown and Baugh Ditch Company certifications upon said documents. Although we encourage the ditch company and the property owner to come to an agreement, the City has no enforcement authority over these matters. Should you have any questions regarding this matter, please contact Wheat Ridge City Attorney, Gerald Dahl, at 299-8930. very truly Glen Gidle Planning & GEG:slw cc: Gerald Dahl, City Attorney J. R. Blumenthal Robert Goebel, Public Works Director BAYOU DITCH ASSOCii-'Pivri 5309 A1118ori St. Arvada, Colorado 80002 (303) 425-9408 CITY OF WHnA~Tn~ GE JUN 0 41996 City of Wheatridge _ Attn: Glen Gidley S 7500 West 29th Avenue Ij~ANNlN~ ~ DEVELOPMENT Wheatridge, Colorado 80215-6797 RE: Trailer Source Property Located at 4651 Tabor Street Dear Mr. Gidley, May 31, 1996 Thank you for your letter of May 21, 1996 which provided information concerning the City of Wheatridge's legal stance concerning irrigation ditches and private landowner's property. I would like to take this opportunity to make clear why I refused to sign any documents concerning the Trailer Source, Inc. project. As representative of several hundred members of the Bayou Ditch Association, it is my responsibility to assure that all projects meet the Bayou Ditch Association's obligation to protect and provide for the safe and efficient operation of its ditch system. It is true; I did refuse to approve modifications to the Bayou Ditch that presented discrepancies concerning distances, legal descriptions, easements and statutorial surveying procedures on the plat, in addition to erosion plans showing the Bayou Ditch accepting drainage, thus increasing our liabilities. As for the certification of approval for the Tabor Development Subdivision and Tabor Development Planned Commercial Development, 2 find it hard to believe I also refused to approve those because I have yet to this date to be presented with engineering plans for review or approval. As you yourself are in a position of responsibility, I'm sure you can understand my refusal to sign something that is . quite bluntly - wrong. Being a good steward, I'm sure you would never knowingly allow an incorrect project with the weifare or the City of Wheatridge at stake to be signed ott and recorded. Which brings me to my next point. I would like to mention two court cases you may find of some interest since ynu have statCa in yeur icttcr that the City d£ nneatriege intends to record the Tabor Development Subdivision without the Bayou Ditch certification upon said documents. According to Colorado Supreme Court case, "CHIRICHIGNO VS. DICKINSON",(Oct. 8, 1917) purchasers had "no right, for their own convenience or profit, to change the location of the ditch, or to do anything which interfered with the vested riohts of the plaintiffs therein." Additionally, Colorado Supreme Court case, "KANE VS PORTER", states, "Purchasers of land with ditch had notice of easement". Because of these two Colorado Supreme Court cases, no one may change our ditch easement without our permission. The Bayou Ditch Association feels assured that the City of Wheatridge staff will comply with Colorado State Law and not approve any plans, plats or otherwise that are not in compliance with Colorado State Law - being the good stewards that you are. We also feel assured this will not be a problem since we're sure your engineers are all familiar with the Rules Of Professional Conduct for Professional Engineers and Professional Land Surveyors. Most importantly being Rule 1 which states "Registrants shall at all times recognize that their primary obligation is to protect the safety, health, PROP8RT7[ and welfare of the public." Property, in this sense, being the Bayou Ditch's blanket easement. As I've already mentioned, your letter of May 21, 1996 stated, (Because of my refusal to approve modifications to Bayou Ditchy "As such, it is the intent of the City to record the Tabor Development Subdivision and Final Development Plan without the Bayou Ditch Company...(other ditches}... certifications upon said documents." During our telephone conversations on May 21, 1996, I informed both you and Meredith Reckert that the final plat must not be recorded with the Bayou Ditch in any other easement other than its original easement without the Bayou Ditch Association's approval. This letter is to again notify you that the plat of said property should not be approved by the City of Wheatridge with the Bayou Ditch in any easement other than the original easement it already retains or you will knowingly be violating Colorado State Law as well as violating the Rules of Professional Conduct. The Bayou Ditch Association has approved no easement other than its original easement. Subdivision andyFinalh P1 tl Development twith the BayouoDmtch shown in anything other than its original easement or with a metes and bounds description of the Bayou Ditches easement shown on the plat, the Bayou Ditch Association will exercise its option to initiate an investigation by the Board of Registration. Sincerely, ~~, Kari Ayers President, Bayou Ditch Association cc: Rick Fendel, P,C, Don Feland, Sec./Tres. Bayou Ditch Association Gerald Dahl, City Attorney Meredith Reckert, Planner Robert Goebel, Public Works Director Robert Middaugh, City Administrator Dan Wilde, Mayor, of Wheatridge 1 fr- ~ ~~~~ ~~'~ ~~r x~r ~ ~, ~`rv ~J, h ~f" N~` Xiv~ ,,,_ ,~ g ~,~ ~ ~~ S ~ ti ~~ ~ ~, n~ ~ ~'`~ ~ .r ~~~' ti { FROM RDNRN & RSSOCIRTES NOTICE: 07. 15.199b 09:27 p. 2 Existing irrigation ditches have emanate right of way in their location, No structures are to be build or alterations made adjacent to the flow line or in 4he channel of said ditches without written permission from the Ditch Company involved. T ***END*•~ "r5^,~ WEST 29?H AVENUE 7.,,, .-:~, ,,; l'J!-!E4T RIDGE. CO 80215-5797 '~ - ~~~~, 234.590° ~Wh e at (. ~~tv nrhlun, Fah * J34.co24 Pohra DepC Fax e 235-2949 Ridge August 26, 1996 The Trailer Source 4651 Tabor St Wheat Ridge, CO 80033 Messrs. Blumenthal: After reviewing the circumstances regarding The Trailer Source's main entrance drive way, your Tabor Street entry represents conformance and consistency with the minimum "line of sighs' standards for the City of Wheat Ridge. For this reason, the City will not be requiring further remediation for your entry way at this time. It must be noted however that the current configuration for the Trailer Source entry, specifically with its relationship to the vertical curvature of Tabor Street and the guardrail north of your driveway does not satisfy the standards established by the American Association of State Highway and Transportation Officials. The City of Wheat Ridge Public Works Department believes these standards should be applied to your entrance. The solution prescribed by the Wheat Ridge Public Works Department staFf represents the preferable alternative for traffic flow and safety issues. As your show room and service traffic increases or, when the need arises to rebuild your driveway entrance, please plan to reconfigure the entry way to the higher standard. Until that time, your current driveway is allowed to stand "as is" because it meets or exceeds the City's minimum adopted design standards. The City of Wheat Ridge appreciates your cooperation in this matter and we look forward to a prosperous relationship now and in the future. Sincereh Robert C. lviiddaugh / City Administrator {/ cc Wheat Ridge Public Works / Wheat Ridge Planning and Development /