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HomeMy WebLinkAboutSUP-10-03`> City of Wheatljdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. May 13, 2010 Richard Maher 5785 Ward Rd. Arvada, CO 80002 Dear Mr. Maher: Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 At its meeting of May 10, 2010, City Council APPROVED Case No. SUP- 10 -03, a request for a Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for the following reasons: 1. This request for a Special Use meets all applicable criteria as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not overburden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. With the following conditions: 1. The Special Use Permit be prescribed to the property and may be inherited 2. Proof of all State of Colorado certificates and approvals be submitted along with building permits. 3. The site be developed in compliance with Exhibits 6 and 9. Enclosed is a copy of the signed resolution and a copy of the draft minutes stating Council's decision. www.ci.wheatridgexo.us Richard Maher Page 2 May 13, 2010 Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, Kathy Feld Administrative Assistant Enclosure: Copy of Resolution Draft Minutes cc: Brent Allred Allred & Associates 580 Burbank St., #125 Broomfield, CO 80020 SUP -10 -03 (case file) SUP1003 .doe CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2010 TITLE: A RESOLUTION APPROVING A SPECIA L ALLOW A MAJOR AUTO REPAIR FACILITY ONE (C -1) ZONE DISTRICT ON PROPERTY XENON STREET 00,pr USE PERMIT TO IN A COMMERCIAL - LOCATED AT 4395 WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Brent Allred and Richard Maher for approval of a major auto repair facility at property located at 4395 Xenon Street and zoned Commercial -One (C -1); and WHEREAS, the request for the Special Use Permit began as an administrative process which registered multiple written objections and a petition of opposition during the 10 -day posting and notification period; and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(E); and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of #ie -City Council public hearing was properly published in the Wheat Ridge Transcript on April 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIAL -ONE (C -1) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. This request for a Special Use meets all applicable criteria as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. With the following conditions: The Special Use Permit be prescribed to the property and may be inherited Proof of all State of Colorado certificates and approvals be submitted along with building permits. The site be developed in compliance with Exhibits 6 and 9." DONE AND RESOLVED THIS 1C ATTEST: Michael D. Snow, City Clerk 5. Resolution 15 -2010 —approving a Special Use Permit to allow a Major Auto Repair Facility in a Commercial -One (C -1) Zone District on property located at 4395 Xenon Street. Mayor DiTullio opened the public hearing. Resolution 15 -2010 was introduced by Council Member DeMott. Mayor DiTullio called for a break at 8:10pm; to resume at 8:16pm. ID g 9 Mr. Tietz presented the staff report. Rich Maher, applicant, promised to mitigate the impacts to the adjacent neighbors and be a conscientious neighbor. Mary Strohmeyer is a residential owner in the area and is shocked that the City would consider allowing such a business move into this area that has been largely residential for decades. She contends that there are already problems with traffic in this area. Trish Tilley pointed out that Xenon does not have any sidewalks and that any pedestrians on the street must walk in the street. This business would pose a safety risk to those pedestrians. Cindy Beckfield lives in the area three doors down from the proposed site. She visited the applicant's existing business on Ward Road and saw all its bays open during the day, which means they won't be closed at the new site either. She argues that pedestrians and bikes in the area will be at risk with the increased traffic to this site. Greg Boom owns two properties near the site, one of which is an agricultural site. He does not believe this area and Xenon Street can handle the increased traffic. He is also concerned that the mechanic shop may pollute the groundwater in the area and therefore put the wells in the area at risk. He contends that it requires major spill response plans to assure this will not happen and does not believe a business of this type and size can appropriately mitigate this. Kathryn Murphy lives in the area and feels that Xenon, being a very narrow street, is not sufficient even for the existing Head Start school that's there, let alone a mechanic's shop. She also contends that the lighting in the area is insufficient. She asked that Council consider if it were their home in which this were proposed and to deny the application. Ray Strohmeyer is concerned for the ditch that straddles the property and the potential risk it poses for contaminants getting into the greenbelt and the freshwater in the area. Scott Mefford is concerned with whether this area can handle the traffic increases and is most concerned with the groundwater contamination risks, citing that the groundwater level in the area is as little as one foot in most areas. He purchased his home only this past January and reviewed the Comprehensive Plan before purchasing his home. He contends that this property is in an area where the Plan indicates it is desired to be developed for small office type activity, not auto service. The proposed development would not even use the larger Youngfield and 44 Avenue Street adjacent to it — it would use a residential street only. This is more of an industrial type facility and not appropriate for the existing area and not compatible with the Comprehensive Plan. He urges the Council to honor the plan an Donna Mefford owns a business in the area and is against the proposal for all the reasons already stated. Virginia Clair read letters from Janice Thompson and Rex Winters who are residents in the area (letters have been amended to this packet). Joy Mengel lives only 100 feet southeast of the proposed site and uses well water. She is also opposed to a 40 -foot sign. Liz Titus lives in the area and enjoys that it has rural and agricultural qualities. She is concerned that this will damage those qualities. She contends that there have been no specific plans demonstrated to mitigate the groundwater contamination risks. This type of business does not benefit residents in the area as the other small businesses in the area do. Dave Amdahl lives just east of the proposed site and is concerned that it only further increases the air pollution that already plagues the area. He invites Council to visit the area during an inversion to see how bad the air is already. Rick Eads owns the property currently being proposed for development. He believes that with the business vacancy rates in the area, this is needed type of business in the area. He points out that there is more traffic in the area already from the businesses already existing there. He asked that Council support the Special Use Permit. Chris Ball supports the proposed special use and contends that this business will have much less impact than many other types of businesses that could locate here, many without a special use permit. This is a successful business and would be a positive addition to the City of Wheat Ridge. Brent Allred provided the architectural design for the site and shared the design drawings for the original building design and the proposed design which makes several adjustments in response to neighbors' complaints and concerns. M-N He described how the design of the building and manner in which services will provided serves to assure no groundwater damage will occur. The groundwater testing in the area indicates that the water is at twelve feet and therefore not at the level of risk purported. He also contends that any noise from this facility will be almost undetectable relative to the level of noise from 1 -70 and existing roads in the area. The screen wall that will be constructed will block any views from the residents to the south and deflect any sound pollution as well. Gordon Ballinger is the real estate broker representing the applicant. He stated that the applicant has spent $25,000 to make changes to the design in response to neighbors' concerns. James Moore is a resident in the area and pointed out that all those in favor don't live around there. Joan Amdahl asked Council to please not approve this application. Ron Bennetts was in the trucking business and knows how much risk there is to groundwater contamination. He does not believe that this business presents a very strong tax revenue opportunity and therefore not very beneficial to the City. Mike Tilly also asked Council not to approve this application. A Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Case No. SUP- 10 -04, Resolution 15 -2010, a request for a Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for the following reasons: 1. This request for a Special Use meets all applicable criteria as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not overburden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. With the following conditions 1. The Special Use Permit be prescribed to the property and may be inherited 2. Proof of all State of Colorado certificates and approvals be submitted along with building permits. 3. The site be developed in compliance with Exhibits 6 and 9. Seconded by Mr. Reinhart; carried 7 -1 with Council Member Sang voting No. ? NF I Mayor DiTullio called for a break at 10:16pm; to resume at 10:22pm DECISIONS RESOLUTIONS, AND MOTIONS Resolution 21 -2010 — amending the fiscal year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,966 as a matching contribution for funds raised by Wheat Ridge 2020 through December of 2009. Resolution 21 -2010 was introduced by Council Member Reinhart. Motion by Mr. Reinhart to approve Resolution 21 -2010; seconded by Ms. Berry; carried 6 -2 with Council Members DeMott and Stites voting No. 7. Motion to approve award of the ITB -10 -07 2010 Overlay Project to Brannan Sand and Gravel in the amount of $792,979.08. Motion by Mrs. Sang to award the ITB -10 -07 2010 Overlay Project to Brannan Sand and Gravel in the amount of $792,979.08, and that a contingency amount of $72,998.00 also be approved. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $802,977.08 and all costs associated with the contract be paid from Acct. No. 30- 303 - 800 -884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series. Seconded by Mrs. Langworthy; carried 8 -0. 8. Resolution 22 -2010 — allocating the remainder of the City's 2007 Jurisdictional Allocation of Federal Community Development Block Grant Funds to the Wheat Ridge Housing Authority for the purpose of acquisition of a single family home to be rehabilitated and sold. Resolution 22 -2010 was introduced by Council Member DeMott. ! � ;§ §m7 , (q§ � \m , (D 0 In (/ �A Al A What Ridge, CO A ALLRED&ASSOCIATES Architecuure Plenniria 4Merior Design City of 100NQ ITEM NO: —5 1 DATE: May 10, 2010 RE EST FOR CITY COUNCIL ACTION. 'Q ��� F,NGAC ,AIC VE q SERVE 1 \ � E'•i C j �l 4 C �.n Q TITLE: RESOLUTION NO. 15 -2010 - A RESOLUTION CONSIDERING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIAL -ONE (C -1) ZONE DISTRICT. ® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING ® RESOLUTIONS QUASI - JUDICIAL: ❑ YES ® NO City Mana r ISSUE: The Property located at 4395 Xenon Street is currently vacant with no improvements. The applicant is proposing to build a one -story building, approximately 5,432 square feet in size, to provide auto and diesel pick -up track repair. The building will have nine service bays with overhead doors. One bay will serve as a State certified diesel emissions testing facility for diesel engine pick -ups. In addition the structure will have areas for administrative offices, waiting room, reception and sales counter, restrooms, and storage. The property in question is zoned Commercial -One (C -1), which allows a broad range of commercial uses, including restaurants, retail establishments and light automotive repair facilities as permitted uses. Drive -thru facilities, motor fueling stations, and heavy automotive repair facilities are examples of uses that are only allowed through approval of a special use permit (SUP). Special uses are discretionary uses which, if properly designed, developed, operated and maintained, should have little effect on the property or area of the request. The primary purpose of the special use process is to ensure the impacts related. to the design and operations, the street system, and public services and facilities have the ability to be in compliance with the special use criteria. The criteria are designed to mitigate potential negative impacts associated with the use. Council Action Form May 10, 2010 Page 2 PRIOR ACTION: There has been no prior action on this request. FINANCIAL IMPACT: Auto repair facilities generate limited sales tax for the City of Wheat Ridge. The majority of the tax provided to the City comes from the vehicles parts that are purchased by the repair facility in order to repair vehicles. If items are on site, such as tires, belts, oil, or other automotive products are available for purchase, sales tax will be applied to these items. In contrast, the labor provided at such facilities is a service and therefore no sales tax is generated from the labor. If any supplementary items associated with the business such as t- shirts, hats, and other miscellaneous items are sold, sales tax will be collected but the tax generated would be minimal. A one -time fee for the Special Use Permit request was also submitted with the application. BACKGROUND: The property in question is 23,391 square feet, zoned C -1, and is currently vacant. The site sits at a highly visible location in the City of Wheat Ridge as it is located at the convergence of three major roads that run through the City: Youngfield Street, Ward Road, and West 44 Avenue. Also in proximity is the Ward Road interchange with Interstate 70. The majority of the surrounding property is already developed and used commercially. Despite the high volume of traffic that passes the property, there are constraints that have rendered the property both expensive and difficult to develop. Under the current zoning, the uses allowed on the property potentially have the ability to be a high- traffic generating, high - intensity use. When the interstate was constructed Youngfield Street was realigned to shift to the east to where it now intersects with W 44" Ave. This action left the parcel in a trapezoidal shape which has created problems for building orientation and placement. In addition to the irregular shape of the parcel, a large easement for the maintenance of the Bayou irrigation ditch crosses the property. The easement leaves nearly the entire northwest quadrant of the parcel unusable as no structure is permitted to be constructed within the easement. The proposed structure and site improvements have been designed around these constraints to make the site fully usable for the applicants while attempting to mitigate the impacts to the surrounding properties. The proposed auto repair facility to be constructed on the site has been designed with significant interest and detail to meet the requirements set forth in the ASDM. Both the proposed structure and the site improvements have been designed in order to create a high level of architectural interest. Generous landscaping and landscape walls have been incorporated to buffer and screen the development from the areas to the south of the site. All setbacks have been met including a reduced front setback as required by "contemporary overlay area" in the ASDM. Parking will be fully accommodated on site. The facility will utilize one of the bays for emissions testing for diesel powered vehicles. The bay proposed to be used by the applicant for the emissions testing will be on the southwest comer of the building as it is the furthest from the residential structures in the area. The remaining bays will be used for tune -ups, oil changes, engine work, clutch work, and other auto Council Action Form May 10, 2010 Page 3 repair and maintenance operations. All work done on vehicles, including the emissions testing, will be done indoors with the overhead doors closed. There will be no bodywork performed at the site and no semi - tractors will be serviced at this facility as regulated by the City Code of Laws. The proposed use is only allowed through the Special Use Permit process in the C -1 zone district. If properly designed, developed, operated and maintained, it should have little effect on the property or area of the request. The special use process offers members of the public who may be affected to give input and voice concerns on the design, operations and maintenance of the proposed use through neighborhood meetings and during a 10 -day public comment period. These periods are established so the applicant can develop plans to mitigate and address any concerns that may be raised. If any concerns are received in writing during the 10 -day comment period the request for the special use must be heard before the City Council at a public hearing. During the 10 -day public comment period for the proposed auto repair facility, nine letters were received along with a petition signed by 48 people with concerns regarding the proposed use. The concerns received generally pertained to increased traffic, building design, noise concerns, air quality concerns, site drainage and run -off, and underground water contamination. The applicant has taken several steps to mitigate the new structure's impact on surrounding properties and to address the concerns of the surrounding property owners. Both the site and proposed structure have been significantly redesigned from the original submittals to meet the requirements set forth in the Architectural and Site Design Manual (ASDM). The proposed structure has been reoriented so the office, administrative areas, and waiting areas have been moved to face Xenon Street to provide an area that is more compatible with the surrounding development. This area has a lowered roof and eave line that appropriately mimics the roofs and eave lines of the existing structures in the area. In addition, here has been a significant area of transparency added to create interest. Other architectural elements have been included to further increase the architectural interest of the building. The materials include "green/living walls" (exterior walls that have plant materials growing on them), stucco and/or galvanized corrugated metal, and stone wainscoting, in addition to multiple materials being used on the building. Traffic generated by the proposed use will have a minimal impact on Xenon Street as the proposed auto repair facility will generate an average of 12 -15 vehicles per day based on traffic counts generated by the applicant's current auto repair facility. Single family homes generate an average of 10 vehicle trips per day. In order to ensure that no undue traffic turns south onto Xenon Street when exiting the facility, the applicant will instruct people to turn right when leaving the facility. The site plan also indicates that a "No Right Turn' ' sign will be installed at the exit of the site. Water quality and detention facilities are incorporated on the site; both of which will be required to meet City of Wheat Ridge requirements. The parking area will serve a dual purpose with porous paving to capture and filter any storm water that is generated from the development of the site. These facilities will be required to be constructed in compliance with both City of Wheat Council Action Form May 10, 2010 Page 4 Ridge and State of Colorado regulations. The installation of these facilities should improve the current conditions in the area in terms of run -off and drainage. The Colorado Department of Public Health and the Environment ( CDPHE) strictly regulates the operation of diesel emissions testing facilities to ensure they do not negatively impact the air quality or contribute to air pollution. All air that is released from the facility is non -toxic and is deemed clean by the CDPHE. Regular inspections by the CDPHE ensure that all equipment and air being released meets the standards of the CDPHE. All work done on vehicles, including the emissions testing, will be done indoors with the overhead doors closed to prevent any noise pollution. Since all work will be confined to the interior of the structure, oil, soil, solvents and other materials will not have the ability to seep into ground water, on -site or near -by drainage and detention facilities, or irrigation ditches. Materials or byproducts of the auto repair facility that gather on the interior floor will be cleaned off the floors with non -toxic cleansers and enter an approved sand oil filter that will be routinely maintained by approved methods in conformance with the regulated treatment of waste by the Fruitdale Sanitation District. RECOMMENDATIONS: Staff has acknowledged the neighborhood concerns and feels the applicant has sufficiently addressed the concerns in order to minimize any impact on them. Through this review, staff has concluded that the proposed request for an auto repair facility complies with the Special Use criteria. A detailed analysis of the Special Use criteria has been attached in the staff report and is recommending APPROVAL of the Special Use with conditions. RECOMMENDED MOTION: "I move to approve Case No. SUP- 10 -04, a request for a Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for the following reasons: 1. This request for a Special Use meets all applicable criteria as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not overburden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. Council Action Form May 10, 2010 Page 5 With the following conditions 1. The Special Use Permit be prescribed to the property and may be inherited 2. Proof of all State of Colorado certificates and approvals be submitted along with building permits. 3. The site be developed in compliance with Exhibits 6 and 9." K' "I move to table indefinitely Case No. SUP- 10 -04, a request for a Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for the following reason(s) " REPORT PREPARED/REVIEWED BY: Adam Tietz, Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Resolution No. 15 -2010 2. Staff report with Exhibits 3. Mark Westberg Memorandum CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2010 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIAL - ONE (C -1) ZONE DISTRICT ON PROPERTY LOCATED AT 4395 XENON STREET WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Brent Allred and Richard Maher for approval of a major auto repair facility at property located at 4395 Xenon Street and zoned Commercial -One (C -1); and WHEREAS, the request for the Special Use Permit began as an administrative process which registered multiple written objections and a petition of opposition during the 10 -day posting and notification period; and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(E); and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 26, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTO REPAIR FACILITY IN A COMMERCIAL -ONE (C -1) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. This request for a Special Use meets all applicable criteria as required by Section 26 -114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The applicant has made an attempt to mitigate all impacts and concerns addressed in the letters of objection, neighborhood comments, and from staff comments. 4. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 5. There will be no impact on the light, air, or water to adjacent property owners. 6. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 7. The proposed facility is in substantial compliance with the ASDM. 8. Given the unusual shape of the property and other encumbrances on the property other development opportunities would be difficult. With the following conditions 1. The Special Use Permit be prescribed to the property and may be inherited 2. Proof of all State of Colorado certificates and approvals be submitted along with building permits. 3. The site be developed in compliance with Exhibits 6 and 9." DONE AND RESOLVED THIS 10 day of MAY 2010. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk 6 + 11 1 City of ° WheatNOW TO: CASE NO. & NAME: ACTION REQUESTED: City Council SUP- 10- 03/Maher CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT CASE MANAGER: Adam Tietz DATE: May 10, 2010 Approval of Special Use Permit to allow a major auto repair facility on C -1 zoned property located at 4395 Xenon Street. LOCATION OF REQUEST: 4395 Xenon Street APPLICANT (S): Brent Allred, Allred and Associates Richard Maher, Performance Wise Automotive OWNER (S): Richard Maher, Performance Wise Automotive APPROXIMATE AREA: 23,391 square feet (.54 acres) PRESENT ZONING: C -1, Commercial One PRESENT LAND USE: Vacant Land COMPREHENSIVE PLAN: Primary Gateway/Neighborhood Commercial Corridor ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE (X) CASE FILE Location Ma Site Case No. SUP- 10- 03/Maher ATTACHMENT 2 1 All notification and posting requirements have been met; therefore, City Council has jurisdiction to hear this case. I. REQUEST Case No. SUP -10 -03 is an application by Brent Allred of Allred and Associates and Richard Maher of Performance Wise Automotive requesting approval of a Special Use Permit to allow a major auto repair facility on land that is currently vacant and zoned C -1. If the Special Use Permit is approved a new structure will be constructed on the site for the auto repair facility. Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions have been met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days. 3. No written objections have been received in such ten day period. 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. Should the Community Development Director find that any of the preceding conditions are not met; the request shall be forwarded to City Council for their review and a decision on the request at a public hearing. The noticing for this special use has resulted in nine letters of objection and a signed petition with 48 signatures from surrounding property owners who oppose the request `(ree Packet of "Zellers of dbje'cttan' j; Based on those objections the Community Development Director has scheduled it to be heard at a City Council public hearing. City Council can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. City Council shall also decide the following: 1. Whether the SUP runs with the land in perpetuity 2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. CASE ANALYSIS The property in question is very unique, in terms of its shape, location, visibility and site constraints that encumber the property which have made it difficult to develop over the years. The site is 23,391 square feet or .54 acres in size and sits at a highly visible spot in the City of Wheat Ridge as it is located at the convergence of 3 major roads that run through the City, Youngfield Street, Ward Road, and West 44 Avenue. Further to the east is the location of the Ward Road interchange with Interstate 70. In addition, the site is highly visible from the interstate as it curves to head in a southerly direction at the intersection of W 44 Avenue and Youngfield Street ( . As a result of the convergence of these roads and interstate, much of the area is zoned and used commercially (Ezhibf2; CommercialProperty „,GtgpZic Specifically, the site is zoned C -1 which allows for areas with a wide range of commercial land uses which include office, minor auto repair facilities, general business, retail sales and service establishments. It also intends to provide services that are supported by the community and entire region. Case No. SUP- 10- 03/Maher 2 The lot has frontage along the west side of Xenon Street. Based on the irregular lot shape, it appears to have several frontages. It does appear that the lot has frontage along W. 44 Ave; however, there is a small parcel of land directly north of the site that is CDOT owned right -of -way. Directly north of that CDOT owned parcel is W. 44 Ave. The lot does not have frontage along Youngfield St. There is a vacant lot to the west that is privately owned, it is zoned Planned Commercial Development (PCD) and does have frontage along Youngfield St. Directly west of Youngfield Street is Interstate 70. The property is currently vacant with no improvements (Exhzb :ts, 3 4,,Szte Phplogrgphs). There are constraints that have rendered the property both expensive and difficult to develop. When the interstate was constructed, Youngfield Street was realigned to shift to the east to where it now intersects with W 44 Ave. When property was acquired by CDOT for the construction of this intersection, excess right -of -way was acquired on the north side of the subject property. This action left the parcel in a trapezoidal shape which has created problems for building orientation and placement. In addition to the irregular shape of the parcel, a large easement for the maintenance of the Bayou irrigation ditch crosses the property (Exhlzt 5,.,!P rtx Sury$yj The easement is 30 feet wide and enters the lot on the southwest side of the property. It crosses the lot in a diagonal manner to the northeast. The easement leaves nearly the entire northwest quadrant of the parcel unusable as no structure is permitted to be constructed within the easement; however, areas for parking and landscaping are allowed to be located in the easement. The proposed structure on the site has been designed around these constraints to make the site fully usable for the applicants while attempting to mitigate the impacts to the surrounding properties. Architecture and Site Design The applicant is proposing to build a one -story building, approximately 5,432 square feet in size, to provide auto and diesel pick -up truck repair. The building will be 22 feet in height at its peak. There are 9 drive- through bays proposed, as well as administrative offices, waiting room, reception and sales counter, restrooms, and storage (Fzhzbzt 6 Pz4o sed,E(evations . Both the proposed structure and the site improvements have been through several re- designs in order to mitigate the new structure's impact on surrounding properties, in an effort to address the concerns of the surrounding property owners. Both the site and proposed structure have also been significantly redesigned from original submittals to meet the requirements set forth in the Architectural and Site Design Manual (ASDM). The ASDM requires careful and purposeful architectural considerations be taken into account to ensure that any newly constructed structure will be of quality design and contain differing levels of architectural interest. The ASDM also regulates the front setback of new structures that are constructed in different "overlay areas" throughout the city in order to further enhance the quality and interest of the structures constructed in them. Previous designs of the building included a largely metal structure with 4, 12 -14 foot high overhead doors within 20 feet of Xenon St (east elevation). Five additional overhead doors of the same height had been located on the west elevation with the administrative and waiting areas to face the vacant lot to the north (north elevation). The plan included 12 surface parking spaces on the northern portion of the lot along with two curb - cuts onto Xenon St; one curb cut was located on the southern portion of property to accommodate the overhead doors that faced Xenon St. The second curb cut was located further to the north to provide access to the parking area for customer use as well the overhead doors on the west elevation. The plan also provided areas for landscaping and a detention area. This design was generally not in compliance with the ASDM (Ezh :bits `Tan, 8, Orzgznal Elevations and Fite jPlan). Through the redesign process the structure and site have been reworked to be in compliance the ASDM. The proposed structure now consists of several building materials including "green/living walls" (exterior walls that have plant materials growing on them), stucco and/or galvanized corrugated metal, and stone wainscoting. There has also been a significant area of transparency added to the structure to meet the transparency requirements of the ASDM. In addition to multiple building materials being used the building has also been reoriented. As the structure is now proposed, the office, administrative areas, and waiting areas have been Case No. SUP- 10- 03/lvtaher 3 moved to face Xenon St to provide an area that is more compatible with the surrounding development. This area has a lowered roof and eave line that more appropriately mimics the roofs and eave lines of the existing structures in the area. The previously proposed overhead doors in this area were much larger in scale and were less compatible with the surrounding properties. Now this area has a substantial amount of transparency to generate visual interest. Sidewalks will be constructed along this portion of the building as well as the entire length of the property that will connect with the existing sidewalk at W. 44 Ave. Due to neighborhood concerns, site modifications have been proposed in order to diminish the impacts of the proposed structure (Exhibit 9, Proposed S :te,Plan).. The overhead doors have been shifted to the north and south elevations and no longer face Xenon St. This move has reduced the number of curb cuts from 2 to 1. The new curb cut is proposed to be located on the northern end of the lot and is now closer to W. 44 Ave. Traffic coming out of the site will be directed to not make a right turn onto Xenon St. by the applicant and a "No Right Turn" sign at the exit of the facility. The overhead doors on the southern elevation will be screened with a 6 foot high landscape wall with additional landscaping to provide an increased buffer. Generous landscaping has been provided throughout the site and along Xenon St to further mitigate the visual impacts of the building. Sianaee By virtue of the City of Wheat Ridge sign code one sign is allowed per street frontage. Since this parcel only has frontage along Xenon St, only one sign is allowed. The size of the sign is determined by the size of the building. Typically signs are not allowed to exceed 15 feet in height however; any parcel that is located within one - quarter (1/4) of a mile of the interstate is allowed to erected a sign up to 50 feet high. Any sign that is taller then 15 feet high requires an increased setback of 30 feet from the right -of -way. One sign is being proposed with the development of the property. The property is located within one - quarter (1/4) mile of the interstate; therefore a 40 foot sign is being requested. The proposed sign is approximately 50 square feet in size but based on the square footage of the building but a sign of up to 100 square feet is allowed. Liahtine The applicant is proposing to have minimal lighting on the sight. Site lighting must be in compliance with the City of Wheat Ridge lighting standards to ensure that all lighting is captured on the site. In order to prevent light seepage off the site a lighting plan with photometric will be required to be provided at the time of building permit. The plan and photometric must show the location of all exterior lighting, the height of all structures and the type of lighting element used. In order to be approved the photometric measurements must have "0 foot candles" at all property lines. Parkin¢ and Water Ouality . Parking and water quality features are incorporated in the site; both of which meet City of Wheat Ridge requirements. In order to accommodate these facilities, the applicant is proposing to pipe and bury the irrigation ditch that runs along the west side of the property. The ditch company has approved the plans to pipe and bury the ditch. Permeable paved parking is proposed to help obtain the required volumes for storm water run -off. Preliminary geotechnical and grading plans have been submitted and reviewed by the Public Works Department to ensure all requirements pertaining to drainage and storm water run off can be met. The preliminary plans have indicated that these proposed facilities are able to be accommodated on the site and will be in conformance with City of Wheat Ridge and State of Colorado regulations. The plans have also indicated that the development and its facilities will not result in the rise or mounding of the groundwater. Detailed plans for these facilities will be required to be submitted and approved when a building permit is applied for. During and after construction of these facilities routine inspections will be performed to ensure the facilities are constructed as proposed. If constructed properly, the installation of these facilities should improve the current conditions in the area in terms of run -off and drainage. Case No. SUP- 10- 03/Maher 4 Use Major auto repair facilities are only allowed through the Special Use Permit process in the C -1 zone district. Special uses are discretionary uses which, if properly designed, developed, operated and maintained, should have little to no effect on the property or area of the request. The primary issues related to the impacts of Special Uses are those related to the design and operations which may have potential detrimental impacts on surrounding land uses, the street system, or public services or facilities. The applicant is proposing to construct a new auto repair facility for cars and diesel engine pick -ups. The majority of the work at the proposed facility would be classified as minor automotive work which is a permitted use in the C -1 zone district which requires no formal process to go through other than Site, Architectural and Building Permit review. However, a small fraction of the business done at the facility is classified as major automotive work. City code defines the two as the following: Auto service, repair and maintenance shops, major. Tire recapping, major mechanical repair shops, body work and painting, engine repair, and transmission repair. This term does not include any such use primarily for service, repair or maintenance truck tractors or semi - trailers. Auto service, repair and maintenance shops, minor. Auto detail shops, tune -up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, and alignment services Based on information conveyed to staff, the applicant does provide services such as engine work, exhaust work, differential work, clutch work and emissions testing, all which would fall under the "major auto repair facility" definition. The applicant will not service semi/tractor trailer trucks or do any body work. Other services offered by the applicant will include tire rotations, oil changes, battery charging and changing, tune -ups, radiator flushes and other minor auto repairs and maintenance. If the proposed use for the facility only provided minor auto repair and services, the use would be allowed and no planning process would be required since it is allowed use. Similarly, other more intense usgs that would generate more traffic and noise than the proposed use are allowed on the property under the C -1 zone district. If a use is allowed it would only require building permits be obtained prior to construction. Such uses include large retail establishments, banks, restaurants and bars, and offices. The facility will utilize one of the bays for emissions testing for diesel powered vehicles. The bay proposed to be used by the applicant for the emissions testing will be on the southwest corner of the building as it is the furthest from the residential structures in the area, therefore having the least amount of impact on them. In order to provide diesel engine testing, the facility must be state certified and operate under the guidelines set by the State of Colorado, Department of Public Health and the Environment ( CDPHE). The CDPHE regulates these facilities to ensure that trucks with diesel engines are compliant with State air quality standards. The CDPHE also strictly regulates the operation of diesel emissions testing facilities themselves and the equipment used for testing so that they do not negatively impact the air quality or contribute to air pollution. As vehicles are tested, they are hooked up to equipment that captures the emissions being produced. After the emissions have been tested they are put through a series of "scrubbers" and other air cleaning processes before being allowed to leave the facility and being released into the air. All air that is released from the facility is non -toxic and is deemed clean. Regular inspections by the CDPHE ensure that all equipment and air being released meets the standards of the CDPHE. All work done on vehicles, including the emissions testing, will be done indoors with the overhead doors closed to prevent any noise pollution. Since all work will be confined to the interior of the structure, oil, soil, solvents and other materials will not have the ability to seep into ground water, on -site or near -by drainage and detention facilities, or irrigation ditches. Materials or byproducts of the auto repair facility that gather on the interior floor Case No. SUP- 10- 03/Maher 5 will be cleaned off the floors with non -toxic cleansers and enter an approved sand oil filter that will be routinely maintained by approved methods in conformance with regulated treatment of waste water from an auto repair facility. Traffic generated by the proposal will have a minimal impact on Xenon Street as the proposed auto repair facility will generate an average of 12 -15 vehicles per day based on traffic counts generated by the applicant's current auto repair facility. Single family homes generate an average of 10 vehicle trips per day. Xenon St. was constructed as a local street which has the ability to handle the increased traffic that will be generated by this use. In order to ensure that no undue traffic turns south onto Xenon Street when exiting the facility, the applicant will install and a "No Right Turn" sign at the exit of the site. In addition, for the test drives of vehicles, employees will be instructed to only head north on Xenon St. This will not add to the traffic on the Xenon to the south of the site. The majority of traffic using Xenon St would remain "as is" with the traffic being generated from the other commercial and residential uses located further to the south of the site along Xenon. III. NEIGHBORHOOD MEETING Prior to submittal of an application for a special use, the applicant is required to hold a neighborhood meeting in accordance with the requirements set in City Code, Section 26 -109A. A meeting for neighborhood input was held on February 16, 2010 in accordance with Section 26 -109A. Other than the staff and applicants, seven residents of the area were present. In addition to the neighborhood meeting, one letter and one email were received in this time frame in regards to the proposed use. The individuals who expressed their concerns had similar concerns to those of the residents who attended the neighborhood meeting. Their concerns generally included those related to the zoning, building construction, noise and air pollution, groundwater issues. IV. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow: Public Works: Public Works has reviewed all preliminary drainage plans and determined the drainage will be able to meet City of Wheat Ridge standards. The preliminary geotechnical reports have also been reviewed and have been approved. Detailed plans will be required to be submitted at the time of building permit. The sidewalk along Xenon St will be required to be constructed to the City of Wheat Ridge standards. Economic Development: The City of Wheat Ridge Economic Development office supports the approval of a Special Use Permit for the following reasons: • The proposed improvements to this property will enhance the overall appearance of the area. The proposed project would meet the ASDM and dramatically enhance the current aesthetics of the property. • The improvements will also allow for a higher quality use of the property, which could therefore create a net positive gain in sales tax revenue coming from this property. • This site is a particularly challenging site, due to several ditches within the property. In the past, the only interest the City has seen for this site has been used car lots, a use that would not enhance the look of the area and would not create a positive sales tax stream for the City. • The site is zoned for general commercial purposes, i.e. retail, office, etc. These uses would likely Case No. SUP- 10- 03/Maher have a much more significant traffic impact on the neighborhood than the proposed development. Wheat Ridge Police Department: No comments or objections. Renewal Wheat Ridge: The proposed use is not in conformance with the West 40 Avenue and Ward Road Redevelopment Plan. The Land Use Concept Plan for this area recommends a Small Office/Business Center. Arvada Fire District: Fire protection is able to be provided. The piping of the Bayou Ditch will need to be constructed in a manner to accommodate imposed loads of an 85,OOO1b fire apparatus. Fire lanes will be required to be marked with "No Parking Fire Lane" signs. Additional information is required to determine the occupancy status of the auto repair facility. Valley Water District: Valley Water has the ability to serve the property. Additional main lines, fire hydrants or fire sprinklers may be required. Xcel Energy: No comments or objections. All other agencies to which the request was put referral either did not respond or have indicated they have no issues with the proposed use and that they have the ability to serve the property. V. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26 -114.1) of the City Code have been met. Staff provides the following review and analysis of the special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use will not affect the health, welfare, safety, or convenience of any person working or residing in the area. The property is currently vacant and a new commercial structure is proposed. The property is zoned C -I and is located in a highly traveled and commercialized area of the City. The addition of a business that is fairly low in intensity will unlikely cause any detrimental effects on the surrounding neighborhood. In addition, the applicant has taken measures beyond what is required to further lessen the impact of both the structure and the land use on the surrounding area. The City of Wheat Ridge and of the State of Colorado will also be required to impose restrictions on the development of the site and the operations of the facility. These restrictions will be enforced to ensure that the health, safety, welfare or convenience of the people will not be compromised. Prior to a Certificate of Occupancy being issued, the applicant will have to submit all State licenses, approvals, and inspections. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The property is currently vacant and has been for several years. The site in its current state contributes to blight in the neighborhood. The proposed use will result in the construction of a Case No. SUP- 10- 03/Maher new structure that is in compliance with the ASDM. In addition, the site will have extensive landscaping and will be improved significantly from its current state. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Staff has identified some potentially adverse impacts greater than are allowed under existing zoning pertaining to noise. However, the applicant has identified ways to mitigate this issue through working with overhead doors closed at all times. The property is also within 500 feet of the Interstate 70 which generates more noise than what could be heard coming from the proposed auto repair facility with the overhead doors closed. Staff finds this criterion has been 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The request will result in an increase in traffic in the area however the traffic generated by the proposed used will have a minimal impact on Xenon Street. The traffic generated from the business will be slightly more then that of a single family home. Xenon Street was constructed as a local street and does have the capacity to handle the minimal increase that will result from the property being developed. The use generates daily vehicle trips similar to a single family home. Other higher intensity uses are allowed as a "use by right' in the C -1 zone district which would have a much greater impact on the traffic then the proposed use. As a "use by right' those higher intensity uses would be allowed on the property with no public review. According to the site plan, the applicants indicated that they will install a "No Right Turn" sign at the exit of the facility to discourage traffic from turning to head south onto Xenon Street. Additional measures will be taken further mitigate traffic turning south on Xenon as all employees of the facility will be instructed to head north on Xenon when exiting the site when for the day and during vehicle test drives. All parking can be accommodated and will be contained on the site which has been designed to allow for the full movement of vehicles on the site. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. Both the proposed structure to be constructed on the site and the site itself has been designed in order to mitigate the impact on and address the concerns of the surrounding properties. It has also been designed to be in compliance with the ASDM. The proposed structure consists of several building materials include "green/living walls ", stucco, galvanized corrugated metal, stone wainscoting as well as a large portion of the building incorporating glass. All setbacks have been met including a reduced front setback as required by "contemporary overlay area" in the ASDM. All other development standards have been met including parking, screening, signage and landscaping. Case No. SUP- 10- 03/Maher Staff finds this criterion has been met. 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks and schools will not be negatively impacted. Since the property is vacant and a new building is proposed, the site will have to be connected to municipal water and sewer. All utility agencies have the ability to serve the property. The minimal increase in usage will not overburden the facilities and will not result in the loss of services to anyone. Any improvements required by the utility companies must be completed during the building permit process. The existing network of streets has the ability to handle the capacity of the existing traffic generated by the uses along W. 44 Avenue and along Xenon Street. Even with the small increase of traffic generated by this use, Xenon Street and the surrounding network of streets, will have the ability to handle the traffic without overburdening the facilities. Staff finds this criterion has been met. There is a history of compliance by the applicant and /or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant and the property have no history of code violations. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The proposed structure is in compliance with the ASDM. It has been accomplished through the use of multiple building materials, varying wall plane changes, differing roof lines, and building setbacks. Staff finds this criterion has been met. ► �.`y 1/_\ y �:7 9 CKI)�% I1/ I �I►117: - 3V l 113 WI 1113 2 WCoY Having found the application for Case No. SUP- 10- 03/Maher a Special Use Permit to allow a major auto repair facility on land that is currently vacant and zoned C -1 located at 4395 Xenon Street, to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the special use request. Case No. SUP- 10- 03/Maher 9 w c 0 c DC kn M 7 e y V G O � v O L u . R O N c� V d s P O u LL i � � �� .� I Looking Southwest at the Site from W. 44` and Xenon IMPROVEMENTSURVEYPLAT 4395 XENON STREET LOCATED IN A PORTION OF THE NW 114, SEC. 20, T.3S., R.69W., 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO - - - ewd' KI tlfAW -UMYI S9£ uN / sf� � XEAOG IF r 601 3..17 -- s T2��,DFf�,f L C wwu Oaf vmfsru� AO 5416 �. sue { l NO R22A'G RED 907 LM'WY? /Nyq.�aS Pa / y P F WRFT SM✓CNAf S!T 1flWW l5 110606 6' cvxe IXYNwG / 1y9' R l Y _Rao / ♦ H I "ITT OF Kamw Lrl — t r Anlu.E ai / I N / I 4M" C c=AfN30.MAONTA/Y.SJ.iCRE3 SE LDW SET mw IS 18606 4' 1310656 I I I Wucmw I I _ - -- �.._ I RA�W7 L W. 44TH AVENUE \ � I I [3—ST039 INLET __ I I I � pl dol I ICI ICI K IwI co ,i � 0l X 20 10 a 20 40 SCALE: 1" . 2G. I I �I I� \ I I I \ I I I \ I `\\x POINT CF COAMFNCEMENT 1/4 SEC 20 OS R69W �, I Fauxo 5 T/c Ac. LS � �- svnsae ur, WFi 419 I I BLOWUP #1 SCAT£ 1' =5' LEGAL DESCRIPTION A PMTON CF 1HE NW t/A 6ECiICN 20, TONNSHP J SWTH. RPA MM NANSS AMAT SIDM, EFFFASCN CWNTY. EOLERADO. MMEptt OF PARTICULARLY DF *SSED AS FMLOWS COMMENCING AT TIE CENTER OF SAD SECTION; THENCE 451']736'W. ME6 FEET TO THE PONT CF EECINNIxP. THENCE 50010 W'E. ISS.OD FEET. THENCE NBB'50'WE, 120.16 FMT TO 1XE NEST RIGHT -OF -WAY LINE a XENON STRFEF THENCE NW'$'W'W ALONG SAY WEST TINE. 207.0 FEET, THENCE 56]'41'54'W, 159.00 FEET TO THE PONT OF BEGINNING. SAID OR O SS WORE ON LE2rTANS 23,273 SQUARE FEET LEGEND PRGECT BWNDARY -- - N` --- -- MONG WAIF LINE 46V — MONO SANITARY SMER = MONO STORM SEWER —nom— EYSTNC GAS MAN - EMSTNG CONTOUR -- -axe -- MONO UNDERGROUND ELECTRIC UNE —rta— MONO UNDERGROUND TELEPHONE LINE x MONO FENCE — — — MONO EDGE OF ASPHALT _ _ _ MONO aaB @ SUTTER SURVEYOR'S STATEMENT PREP�NDER NY PoTNSICN flE `0/� i J i. d0ynrf JAM T. J]NE6, E. P.LS. DAZE 5606 I COLOIODO N0. 10609 FOR 040 ON BEHAtF Oi �' .YMS ENgNEEPoNO P6WQP1E6, HNC p PV IMPROVEMENTSURVEY 4395 XENON STREET JOB NO, 10007 -?! DATE: FEBRUARY 3, 2030 SHEET 1 OF 1 NES NEERING ASS ., INC _ 21N W.L1Wtbtl NIM.6uik2Y, ft— :aFU3I4SO1 r vnoM:smo96.oxn F .: 1.13"M W . RR¢ 0 0 2 SOUTH ELEVATION vtv.ry 121 =ID' A W , W V) V o d O 2 M 0 a Z O U Q Q y C W a Q W LL W N J Q W a UJ N O X LIM W �o W - AND wbw� PORED 'PREGItf dP. M 2RWwW1Y gilW lwiFO k2' -e b'-3' k _ lfl M WSW Y2 ^ + W t ` WATERSHE 511NE OVFA WU b, SN2w 9fONE OVd ` — _ ___ ' &xexls w4 s�u P� wA1FR.wm mFnsr w '. ! / .n MnoR sus N &9E Z \ .. i _ - - A __. —_ '_.._ ' O Y 4' , - N BUSINESS MONUMENT SIGN TRASH ENCLOSURE FRONT ELEVATION T WEST ELEVATION � 8 vlr.ru• 5 9nlr.l't' v+e� -ro W ELEVATION MATERIAL TOTALS - Gl ON m s M4" su SF OR 0% Wk sW RY w a EI£AAMRS 7395.05 SF WAL a 04MW ON 0XINNG ,=35 9 OR WAL a METAL SM W WI2 ;7= 1422.]9 s OR 1RSAf WA a SIUME OM WI80MC 1W S OR Ilbli WAL a UN.G E FLAfFM fN GUIDING 502.53 7 0R &m MOR W.% SF OR 4t. l 4 NORTH ELEVATION v+lr -'o ME ♦ 121' -IV i HWAI 4W# P¢£SIPMM OMR. Rro. .n FRW VW R-PA A MF. W. 1 I1•� 1'-0 "- PAF1M616D YM1 FACN Aro I.YRIFR lq. .-- R&5MWLL11 R- PAN4111L WNL TP. _ _AIW. SIOg2ROM MIWOW. M. ._.51HRIWIL S1M:E SECIKKYL FhfRH MR - -..,.` - smw w Wunm SOR6N�.._, _ ____ __ tIRWS fQF IA4➢SM% -K M _ LAVaMS ux wmr.AW snE ww. -• .- ' _ - ° . ___. ,, /i I i _ EAST ELEVATION 9 v+r -ra O HIGHWAY BUSINESS SIGN 9na• -+'a' VICINITY MAP OOmw G b X TWA AK I TABOR UK �NES! IME N NOT TO SCALE PLANT LIST SITE DATA PMENI MXMG DA JUIM : C -1 UND AREA WINO PROPER TT IM6: M273 S' /5] ARE EMSMG STE M. VMANT PROPOSED USE AUTO REPO 9WP WXSMUOWN M. V-B tROP80 &ISTRIID M6A/ SYMOS : ].190 IF PBWpM£0918 JU.iF RpARp pANR'OMI4GE : IOAII SF IFTWnILE OF SI N.]M FMN9a UMR:VIXC WW/GE: 5.]II SF WV6NTACE 0918 21.61 flIDWRD 9Fl➢NG 51DRE5: I R9PG50 WMLIL XWR : If YNIYW C 9TNLY5: Rf4b ffi� ME MTE PARMIM Z R G PROPOSED AMONG SVMS : O0 Q '8 I PF EWYft RMY rME PROPOSED ROMMUM 3 TOOK U LEGAL DESCRIPTION A POR M OF ME MW I^ SECTION 20, TO.51IP 3 SOU N. RANGE 59 MST OF THE SIXTH PRINOPAL MERIDIAN, PTY OF MEAT RIDGE, JEPFERSDN COUNTY, GOLCRADO. MORE PAR=WU Y DESCRIBED AS FOLLOWS: WNMENOMG AT TIE CENTER OF SAID SECTION: THENCE N51'37'39'W. 583.56 FEET TO ME POINT OF BEGINNING Mom SOO'10 155.00 FEET, THENCE N99'50'C0'E, 129.15 FEET M ME WESr MGHr -SF -WAY UNE OF K11M STREET: MENDS NOO'32'00'W ALONG SAO WST UNE. 207.00 FEET; THENCE SAT41'5CW, MOO FEET TO TILE POINT OF BEGINNING. SAID PARCEL AS OEEMIEEO WNTYNS 23,273 SOUME FEET OR 0.53 ACRES, MORE OR MS. 6 (IQ NQAM DUMMIES q,9 R) RIPR-0F -w UNE RUN (N) TNsN DIC{551RE RD DEYMMN I (q FEnREMAN (x) SWOE IRS Nry Pw5 wn. CHMMO HERS Oh GWwr O (P MERC S w EHVI MR O PEAR 3 x' w aERCUS WOWMFA MR oM 1 r M mm 0>9F]NAUS MOON, wMXRE RY 3 2S m DAEMONS 8Fb1w SUMP ANNE OM 2 IS O DEERUDIS SHRUBS Mry wtv' Nom. CPnunon Nmw OF S. O SN CTISI sbVNtlOS'9uPoTACW' MRXRX0 NED NOUN IJ 5'd CAS PRINS Bf39DM1 PIMIEE M S O¢ARRNL MTSI SVN ERX WEAR' 10 I'd ON, ANA x IMEN SNUMW OPAWE MRJB ROSE 11 5 91. RS PEMUL9G MIWWFDIU WiSLW SCE 23 301. ON wO MAN 0XVINO NNME 20 3 NI. EwROEW SRUBS Wy Imwn l Nm Co. Nom. 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V 2 ~u W0 a � CIL En N (X) PAW I (Nl 1 I 1 E I Z M) N 7SS ED DIN N) TALL RA Y Y/ c D. • GR SCALE QZ 0 Q 4 N J a W ( IN FEET f INC I kNfi . 10 It. y O V 4-0 M � c iR X c W Ln M INC LETTERS OF OBJECTION April 6, 2010 4350 Xenon Street Wheat Ridge, Colorado Adam Tietz, Planner • City of Wheat Ridge, Colorado 7500 W. 29 Avenue 6 Wheat Ridge, Colorado Re: Special Use Permit Application for a light truck repair center at 4395 Xenon St., Wheat Ridge, Colorado Dear Mr. Tietz, As a long time resident on Xenon Street, I have very sincere objections to this facility being granted permission to encroach upon this neighborhood. There are at least five families still on Xenon St. that have raised their families on this street and some of the younger ones have been raised here. This is basically a residential area, the few businesses that have managed to get a stronghold in this area that do not live on the premises could care less for the residents, their vehicles speed up and down our street with no regard to residents, children or animals. Xenon Street in a very narrow street, this street as well as all others that go south of 44 Avenue are "Lanes. There is barely enough room for two large vehicles to meet. There is no longer an option make a left turn, west, on 44 Avenue from Xenon Street, this will add to southbound traffic on our street. In addition to children there are animals; we are very near the greenbelt so it is not unusual to see wild animals such asfoxes, raccoons and sometimes deer crossing our street. One of my concerns is, if this business in allowed to become established here, is their sign. My information is that the sign is to be 5 by10 feet and 40 feet high. The prospective owners think it is necessary that it is to be seen from 170. This means I will have a garish, lighted sign shining in my windows all night —where is my right for privacy ?! They were asked at the meeting about diesel pollution, the question was blown off with the explanation that it would be dispensed through vents in the roof —that still sends the odor and pollution through the neighborhood. Will there be enough parking for employees? Or are they expected to park in front on our properties? We have been hearing for 20 years that Xenon will eventually be closed off and become a cul de sac, when asked about the impact of the commercial traffic imposed by this business; we were told that it would not happen for another 20 years. If and /or when this happens, traffic will intensify dramatically. i 1 sincerely hope this business Is not allowed to build on our street. Some of us love this street and this neighborhood, the complexity is enormous and has been growing for many years. A person has to experience it to appreciate it. I ask, sincerely, that this permit is denied. Let a small bit of the old Fruitdale community survive. Sincerely, n, C Joy Leon Mengel Resident and owner of 4350 Xenon StreeWheat Ridge, Colorado April 7, 2010 To the Community Development Direcic: City of Wheat Ridge: We would like to let you know of a huge concern we have when we heard of plans for a Diesel Testing Station on 4 Ave. at Xenon ST. There already is a lot of pollution from the truck stop, this would add much more noise and pollution. The new ramp for I70 was designed to help ease traffic on 44 and Ward Rd.. The Testing Station would add more congestion from Ward Rd. west to Xenon. If the 44 and Xenon intersection would be closed by CDOT, the only access to the facility would be from 42 °d and Xenon through a residential neighborhood. Wouldn't that exceed the weight limits on that street'.' Besides the extra noise; added to the noise that we alreadv have from I70. the tall building, tall and lighted signs, light poles, and traffic, this would show poor planning and show insensitivity to the surrounding residential neighborhoods. It also would decrease our property values. We strongly oppose this invasion to our neighborhood. Although it is zoned commercial. couldn't a much better and less invasive commercial use be considered? mcerely llavid and Joan Amdahl Date 4/6/2010 �v We at D. Deorio & Sons memorials are concerned with the future project residing at ?�39 y IV �S� _ First of all, the noise pollution will cause possible stress on our business. As a established monument company in Wheat Ridge for over fifty years; we deal with grieving families on a daily basis. In addition to the noise, the air pollution from diesel testing is inevitable even with the operational procedures to improve it. Finally, the traffic concerns us as well as our neighbors especially with the possible future realignment of 44 avenue. If this project goes through it would exhibit poor city planning. Thank you for listening to our issues regarding this project. CO- Owners: ` Dan Marshall , c - G Charles Deorio 4�� , Zo /6 rA AFL aa4 `- 7 �V �e 1Jvr mb� � jVkd /0�, Patricia and Michael Tilly 4322 Xenon St. Wheat Ridge, Co. 80033 April 7, 2010 Community Development Director City of Wheat Ridge Te! 7500 West 29 Ave. Wheat Ridge, Co. 80033 RE: Special Use Permit SUP -10 -03 Dear Director: We are writing to express our concerns regarding the request for a SUP by Mr. Brent Allred with regard to Performance Wise, Inc Our neighbors, Scott and Donna Mefford have done extensive research into the possible detrimental effects caused by building a large vehicle repair shop in our neighborhood. We share their concerns. We also worry about the negative impact this business can have on traffic, pollution and water drainage. We are especially concerned with water contaminants because we are planning a community garden on our property which will be using our water rights for the irrigation ditch that runs along our property. As new parents we are also very concerned about increased traffic on our little street, particularly large vehicle traffic. We moved to Wheat Ridge to run our own home based bTiness and raise a family and we feel that the proposed use for 4395 Xenon is too large for our neighborhood. Sincerely, Patrici e Michael Tilly 07 TG� CeYn5 3� / G G OW G1/Ql /T (/`iE et e— 7✓`-c� ^ DW/'1��2�t // W /'n / /i / /n•T /T��J7 /��r.i��ltyd$ A.H dI - 1 7[•.L !�D`I,S2. /.SSK� 1�2.J�/ SPa" /bKS� . �. yJHU/ 1 / � 4 / fS Uii se �� // �U)T- Gt � �W 11 7Vi.2. �j'I'7` I�i.(.(I I't.f �� `J y�K/41. / ✓i / 5 �tt�ot MQ 44, - Nu✓1T y / "J o We- are- / teSS�) O't / S / '�✓�7h� r. / Lp a.ea O✓sG✓?pli � Govrir+.a.Y..sY. 9t.G ✓d� �l'1pL Gf/u/%`y 1400 % Yom- Fo tTJoy� � 047 / / �aMF.S fD.� i/OU/ G p� o n bac 0 April 6, 2010 Donna C. Mefford 4380 Xenon Street Wheat Ridge, Colorado 80033 Ms. Sarah Showalter Planner II City of Wheat Ridge 7500 West 29" Place Wheat Ridge, Colorado 80033 -8001 Dear Ms. Showalter: We own the home at 4380 Xenon Street, immediately east of the vacant property at 4395 Xenon St. We have been watching for posting of the property at 4395 Xenon St, as we understand the owners are applying for a special use permit for the installation of an automotive repair facility. This was discussed in the public meeting held on February 16, 2010 at the City offices. We first noticed the posting on Friday, April 2. We had been watching for the posting as we understand the response time is short. It is our belief that the posting didn't occur until April 2, leaving very little time before the posted date of April 8 to respond. We did not receive the formal notice of the posting, even though we are immediately east of the proposed facility. Apparently the notice was sent to some prior owners. We learned from our neighbors that they received letters notifying them of the Special Use Permit over the last few days. We contacted the City, and were provided a copy of the notice on April 5. That notice indicates comments are due by April 7, rather than the April 8 date on the posting, so I am not sure what the actual deadline is. In any event, it was our belief that there was supposed to be a 10 day period for responding. Many of our neighbors had not seen the sign, and were not aware of the timing until they recently received their letters. Others were apparently out of contact over the spring break holidays. We have serious concerns with the proposed Special Use Permit, and are doing our best to respond within the short time left,�o respond. Thanks You: IIN"11 ME April 7, 2009 Community Development Director City of Wheat Ridge 7500 West 29 Ave. Wheat Ridge, Colorado 80033 RE: Special Use Permit SUP -10 -03 Director: y d EN I Scott and Donna Mefford 4380 Xenon Street Wheat Ridge, Colorado 80033 We understand the property located at 4395 Xenon St. has submitted a request for a Special Use Permit to allow construction and operation of a "light automotive repair shop" on this site. We further understand that the special use permit for this facility is required under Section 26 -114 of the City Code. A public meeting was held on this matter on February 16, where considerable information on the proposal was made available to those attending. We appreciate the City's efforts to make that meeting informative. On April 5, we were provided with plans for the facility which had been somewhat revised from the versions available at the meeting of February 16. The new plans are dated March 23, 2010. These plans offer some benefits over those previously presented, especially in regard to building orientation, but the most prolific concerns remain. In this letter, we are referencing the updated plans of March 23. We appreciate this opportunity to comment on the proposed permit. As such, we request your consideration of the following concerns: 1. Property Intended Use The request for the SUP was submitted by Mr. Brent Allred, the architect for the proposed new owner, Performance Wise, Inc. It is our understanding Performance Wise, Inc. or it's principals have an option on the property at 4380 Xenon. The first paragraph of Mr. Allred's letter indicates the SUP is for a "light automotive repair shop ". At the meeting of February 16, we learned that this was in fact a 9 -bay diesel truck repair facility rather than what most would envision as a "light auto repair shop ". This would include diesel pickups, commercial vehicles, recreational vehicles and other diesel vehicles short of 10 -wheel diesel cabs. I think the application is, in this regard, somewhat misleading to those who did not attend the meeting, or have only read the Allred letter. 2. Community Compatibility The Xenon Street neighborhood is one of the older neighborhoods in Wheat Ridge. The proposed Performance Wise facility is quite large, the building itself being over 5400 square feet on one level. This is located on a lot that is barely %2 acre (0.53 acres), and is partly constrained by a 30 foot wide irrigation ditch easement running diagonally across the tract. The building is an industrial type steel building with some rock facade. It stands 21 feet high at the roof crest, generally higher than other residential or commercial structures in the vicinity. With the exception of a very small perimeter of landscaping, nearly the entire tract is covered by either building or pavement. The building will house a 9 bay maintenance facility, and will have a 40 foot high electric sign designed to draw clientele off of I -70. To put this in visual perspective, the facility is not greatly smaller than the 5 -bay front to the maintenance facility at Campers World on Youngfield. If the building was accessed from the commercial thoroughfare of 44" Ave, it would seem more reasonable. However, a building of this scale is simply out of place fronting onto a small street in a residential neighborhood. It is not compatible with the neighborhood, and would seem to exemplify poor municipal planning if it were to proceed. 3. Traffic Concerns One of the greatest concerns expressed at the public meeting was in regard to traffic. Xenon is not designed for heavy traffic loads, and the prohibition of left turns onto 44` Ave. from northbound Xenon creates further problems. The 44" Ave. and Xenon intersection is not signaled, and added traffic turning onto Xenon from 44 "' westbound will disrupt the eastbound traffic flow on 44". Of more concern, we anticipate a significant increase in traffic flow through the residential neighborhood on Xenon, as anyone wanting to access Youngfield must drive south on Xenon from the facility to 42n and then to west to Youngfield. The left turn restriction at Xenon and 44" prevents any other means of accessing Youngfield. It is unclear how many employees this facility may have, but it certainly will require a significant number to work a 9- bay facility along with appropriate administrative staff. These people will all access the facility off Xenon. Additionally, all clients of the facility will need to access off Xenon, and all test driving of vehicles will also use Xenon in one direction or another. Despite good intentions, there is no reasonable means of controlling traffic patterns, or governing, or restricting traffic on Xenon. 4. Building Setbacks The proposed building so tightly fits the lot that setbacks are nearly non - existent. On the Xenon Street side, the setback is only 5 feet from the property line. The structure walls are just 5 feet from the edge of the property. While we assume this must be allowable under the City zoning, this provides little buffer with the residential neighborhood and it's difficult to see how this minimal setback qualifies as good planning. -2- 5. Drainage and Water Quality As discussed above, nearly all of the property is covered by the building roof, asphalt paving, or concrete. With so much hard surface, storm water drainage is very difficult to achieve in a area where no municipal storm sewers exist. We have not seen a drainage plan for the site, but from the discussion at the public meeting it appears they intend to control water on- site through the use of a permeable concrete in a portion of the parking lot, and with the assistance of a seepage pit in the northeast comer of the site. Both of these solutions pose unique problems in this area. Ground water in this area has not yet been specifically classified by the Colorado Water Quality Control Commission, and as such is deemed to be classified to meet the most stringent of the domestic and irrigation standards. Details of the water classification program, and table standards for protection of ground water may be found in 5 CCR 1002 -41, THE BASIC STANDARDS FOR GROUND WATER. Many individual wells still remain in Wheat Ridge. One lies on our property, just across the street. Though we do not use this water for domestic purposes, it is used for irrigation and water quality is important. Generally, the direction of the ground water gradient in this area, and consequently the direction of flow, will be to the south east toward the river. Any contamination will also flow in this direction across Xenon, and toward properties to the south east. 5a. Permeable Pavements Permeable pavements have gained some popularity in recent years for reducing runoff from paved surfaces. Such pavements can work quite well if built in suitable areas, if traffic is properly restricted, and if the facility ismaintained correctly. However, the proposed facility at 4395 Xenon is far less than the ideal location for utilization of such pavement. The ground water is shallow here, and seasonally, the ground water becomes very shallow as ditch seepage raises the water table. One key authority explaining the proper and improper uses of permeable pavements is the EPA document titled "EPA - Storm Water Fact Sheet - Permeable Pavement' which may be found at: httn• / /www cleanwatermn orF /DocumentsIMS4 %20toolkit %20files /Good %20HousekeoingIPor ous %20Pavement/porouspa.ndf The EPA Paper concludes some of the problems with porous pavements include: • Many pavement engineers and contractors lack expertise with this technology. • Porous pavement has a tendency to become clogged if improperly installed or maintained. • Porous pavement has a high rate offailure. -3- • There is some risk of contaminating groundwater, depending on soil conditions and aquifer susceptibility. • Fuel may leak from vehicles and toxic chemicals may leach from asphalt and/or binder surface. Porous pavement systems are not designed to treat these pollutants. The document specifically states "Pollutants that are not easily trapped, adsorbed, or reduced, such as nitrates and chlorides, may continue to move through the soil profile and into the groundwater, possibly contaminating drinking water supplies." The mag chloride now frequently used on streets, highways, and parking lots is such a contaminant. The EPA document recommends to: * avoid use of permeable pavements in "moderate to high traffic areas and significant truck traffic- * Avoid snow removal operations; post with signs to restrict the use of sand, salt, and other deicing chemicals typically associated with snow cleaning activities. Finally, the EPA document describes in some detail the considerable maintenance necessary to keep permeable pavements operational. It is unclear how the City could require or monitor proper maintenance of this pavement, even if geologic conditions were suitable. 5b. Seepage Pits Seepage pits, or percolation ponds are notorious for their inefficiency. They require a lot of maintenance to keep functional, including routine removal of sediment, and prevention of the buildup of a biofilm that reduces the permeability of the seepage bed. Grass lined retention - seepage pits are no different, especially small ones with insufficient seepage surface to dissipate water at a sustained and effective rate. If the pond does function correctly, in a shallow water table area as we have here the pond simply functions as a conduit for the rapid infiltration of contaminants into the ground water. Runoff from parking areas contain a variety of petroleum products, polycyclic aromatic hydrocarbons, heavy metals, and de -icing products which can get into the ground water and local wells through this conduit. Besides the potential contamination issues, locating the retention/seepage pond immediately adjacent to the irrigation ditch makes little engineering sense. The ditch will leak, and the water table will mound under the ditch as a result. This will reduce the efficiency of the seepage pit, or eliminate it's functionality altogether, as the bottom elevation of the pit is barely above the elevation of the adjacent ditch. 5c. Storm water solutions Without access to appropriately sized municipal storm water facilities, dissipation of storm waters on the proposed site will be difficult at best, and if functional, will simply transfer H contamination into the underlying shallow water table. Without access to storm drains, this site would be much better served with some sort of facility with larger unpaved areas, increased natural percolation capacity, and decreased pavement and pollutant sources. Again, the proposed facility is simply too large for the allotted space. 6. Hazardous Materials Plans A garage facility of this size will handle significant amounts of solvents, oils and grease, detergents, and various other hazardous materials. Clearly, these materials need to be protected from spillage, and the sewer system needs to be protected so such materials don't end up in the residential sewer collection system. We have not seen any such plans and/or facilities for assuring hazardous materials on the site are properly handled and disposed of. 7. Parking The site has 15 parking spaces. As indicated above, it is unclear how many employees, and clients may be using the facility at any one time, however with 9 maintenance bays and associated administrative offices, it would seem there could be quite a few. Will parking for the facility be allowed on Xenon and /or in front of residences on that street? S. Air Quality With 9 operating bays, and at least one emission testing bay, it would seem that this facility and the associated traffic could contribute considerable CO, CO2, particulates, and other contaminants to the air in this residential neighborhood. It is unclear how this will be controlled, or if any attempt has been made to do so. 9. Noise Section 16 -103 of the City Code indicates : It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace ofa person of ordinary sensitivities. The following noises and circumstances shall be deemed as prima facie unreasonable: (1) Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source . This would seem a reasonable standard in a residential neighborhood such as Xenon. I assume Performance Wise, Inc. will be required to meet this standard on Xenon, and any additional standards for fixed source noise, though high performance engine testing doesn't necessarily sound "quiet ". -5- 10. Lighting and Signage Performance Wise, Inc. plans parking lot lighting and the construction of a large electric sign designed to be visible from the freeway. The lighting will be on 12 foot poles, and it is unclear if it will operate all night. We understand the lighting will be designed to point downward, but it would appear such lights will still light up the area close by well beyond current conditions. Additionally, a 40 foot high electrical sign 5 feet by 10 feet in dimension is also planned to draw customers from the freeway. This seems a little out of line in a residential area. I'm not sure we really want to be attracting traffic off I -70 onto Xenon. There are many places along the 44` avenue corridor that such facilities would be perfectly suitable, but such facilities should be maintained in that corridor and not allowed to overtake the residential neighborhood. 11. CDOT Plans It appears CDOT has purchased additional Rights of Way along the north side of 4395 Xenon for some purpose. At the public meeting it was indicated that this was designed so Xenon could be terminated in a cul -de -sac before entering 44 " Ave, and the problematic curve on Youngfield could be smoothed out. While the timing of this is uncertain, and could be some years off, it still seems unreasonable to put a large commercial facility at a location that current planning suggests could be cut off from the 44`h Ave corridor. In this event, all commercial traffic accessing the diesel maintenance facility would be forced into the Xenon neighborhood. 12. Property Values Although I have owned 3 different homes in Wheat Ridge, and lived in either Wheat Ridge or Golden nearly all my life, I have just recently purchased the home on Xenon. The development of the lot across the street at 4395 Xenon just came to light about 2 weeks after my wife and I purchased the home. Nowhere in our diligence work did we find mention of this proposal, though we talked with the City, various real estate people, the property owners, and the County assessor. I can only assume this came up after our purchase date as the Allred letter was not dated. I have had a number of discussions with real estate brokers concerning the purchase, and whether or not the residential property will maintain it's value in the shadow of a large scale garage such as is proposed here. Contrary to the opinions in the Allred letter, the general consensus is the residential properties near and immediately adjacent to the site will experience some devaluation. In fact, it seems our ability to resell the property currently for the amount we paid just weeks ago is questionable given the current knowledge of the proposed diesel maintenance facility. M 13. More Objectionable Development At the public meeting we were warned by the applicants that under the commercial zoning we could end up with a worse alternative. However, I don't find this reasoning particularly persuasive. Just because things could possibly be worse, doesn't mean we need to accede to a bad option. There are many options for commercial development of the site that could enhance the Xenon neighborhood rather than cause it to deteriorate. We are not opposed to Performance Wise, Inc. developing a new facility in Wheat Ridge, and we would hope they do. However, we would also hope they could find a more compatible commercial site, with less residential impacts, easier access, and more reasonable drainage options. 14. Zoning History We have had little time to thoroughly examine the zoning history of the site. However, from the work we have completed, it seems the C -I zoning attributed to the site was assigned prior to CDOT acquiring rights of way across the northern portion of the original lot. The original zoning assumed a commercial facility with direct access to the 44" Ave business corridor, not access off of Xenon in a residential area. However, when CDOT took out RO W's on the north side of the property, this precluded development of the site as originally designed. We were left with a C -1 zoned residual which cannot be developed per the original intent of the zoning. We are uncertain of the exact history here, maybe the City can shed some additional light on this matter. 15. Comparable Facilities There do not appear to be a great number of large maintenance facilities which are not associated with some dealership. The most comparable facilities with multiple working bays, similar traffic, and similar parking features seem to be autobody repair firms. Two such firms, Hanks Autobody and Abra Autobody are located on the north I -70 service road in Wheat Ridge. Both of these firms are located in PID zoning (Planned Industrial Development). It seems more logical for such firms to be located in light industrial zones rather than attempting to adapt a commercial zoning with a Special Use Permit to try and make it fit in a residential area. 16. Summary We understand the City reviews Special Use Permits based on specific criteria. The City documentation in this regard indicates: dA Before a special use permit is approved, the applicant will demonstrate that the following criteria have been met (only the applicable criteria have been listed) : 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. 2. Will not create adverse impacts greater than allowed under existing for the zoning for the property. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. 4. Is appropriately designed, including setbacks, heights, parking, bulb buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. We do not believe that the applicant has demonstrated compliance with the above criteria to the degree necessary to protect this north Wheat Ridge neighborhood. Re tfully Submi cott and Donna Mefford 5:11 April 6, 2010 Ms. Sarah Showalter Planner lI City of Wheat Ridge 7500 West 29"' Place Wheat Ridge, CO 80033 -8001 Dear Ms. Showalter, 7.. /d Our names are Ray and Mary Strohmeyer. We own the property at 4320 Xenon St. This letter is to notify you of our objection to the Special Use Permit at 4395 Xenon St. This street is a quiet street and the width is not two lanes. We do not want the increased traffic. You cannot turn left onto 44"` from Xenon St., so the traffic would be routed south to 42 " Street and then west to Youngfield St. This would be a hazard give the street size. There is no traffic light on Youngfield, so access would be a problem. We do not want the additional noise. This was a farming community long before it was zoned for anything else. We are a small community with residential housing and we want to keep it that way. We love our families and our children and do not want the increased danger to them. We do not want the additional pollution to our water or our air. There is no storm sewer and the runoff would drain into the ditch water that we use to irrigate our gardens. We have a right to this water and do not want it contaminated. The proposed building size and signage would be an eye sore. We love our views. Why does the city of Wheat Ridge want a business on every lot? Would you prefer to be an industrial city rather than farming community that Wheat Ridge was founded? Shame on you. Would you want this monstrosity in your neighborhood? We moved here because of the environment and have faithfully paid our property taxes for many years. How long do you think the truck business will be there before it is abandoned, as are so many other businesses? Do not ruin our community! We do vote regularly. Regards, Ray A. Strohmeyer Mary T. Strohmeyer / ::' 1 "4 k4 dw� City of Wheat �id¢ PUBLIC WORKS Memorandum TO: Adam Tietz, Planner FROM: Mark Westberg, PE, CFM, Project Supervisor DATE: April 16, 2010 SUBJECT: 4395 Xenon Street SUP Public Works staff has reviewed the letter from the resident at 4380 Xenon Street, dated April 7, 2010, concerning the proposed SUP at 4395 Xenon Street. We have the following responses to the resident's concerns: Traffic Concerns — Xenon Street and 42 Avenue are both classified as local streets that connect to Youngfield Street and 44 Avenue, which are both classified as arterial streets. Two lane streets can typically accommodate up to 10,000 vehicles per day, so the addition of the proposed facility will have a minimal impact on the capacity of the street. Xenon Street and 42 Avenue already have a mixture of residential and non - residential properties. In addition, the property for the proposed development is already zoned commercial. According to the applicant, there will be 9 employees and they typically serve 12 -15 customers per day. Based on these numbers and the numbers above, Xenon has more then adequate capacity to handle any increase in traffic that would be generated from this property. 2. Drainage and Water Quality — The applicant is proposing to follow the City's drainage requirements which include regionally accepted facilities and best management practices (BMPs) to mitigate the impacts of stormwater from developments on the environment. A maintenance plan will be prepared by the applicant and reviewed by the City for compliance with the regionally accepted BMPs with annual reports being required to show that the plan is being followed. 3. There currently is no project scheduled to realign Youngfield Street and Ward Road that would result in Xenon Street ending in a cul -de -sac. If a cul -de -sac was constructed at the north end of Xenon Street, the only traffic using the northern end Xenon Street would only be from the existing headstone business and the applicant's property and. A cul -de -sac on Xenon Street would likely result in less traffic on the Xenon Street than exists today as traffic would no longer be able to travel down Xenon Street to W. 42 "d Avenue to get to Youngfield Street in order to avoid the traffic signal at W 44 Avenue and Youngfield Street. If you have any questions or comments, please let me know. ATTACHMENT 3 o iA / City of WheatR d c POSTING CERTIFICATION CASE NO. SUP -10 -03 /Allred and Asssociates PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: May 10, 2010 (n a m e) residing at, (address) as the applicant for Case No. SUP -10 -04 and WA- 10- 0 / r�� Fuks and Harris , / certify that I have x posted the Notice of Public Hearing at 9S e1 S ;;- (location) on this day O� of /7 /�2/ L 20 wand do certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of the public hearing of this case. The sign was posted in the location the map shown below. NOTE: This form must be submitted at the public hearing on this case and will be placed the applicant's case file at the Community Development Department. MAP �� k' 7— - S(tP -/0 - 03 CC 5 /0 12505 W 44TH AVE LLC 320 STARFIRE WAY GOLDEN CO 80401 7009 1680 0001 2748 5947 4380 & 4395 XENON ST LLC P O BOX 353 WHEAT RIDGE CO 80034 7009 1680 0001 2748 5916 BR 4325 W J I 4325 WING T S WHEAT E O 0033 7009 1680 0001 2748 5787 CHRISTIANSEN PATRICIA LOUISE TILLY MICHAEL DEAN 4322 XENON ST WHEAT Rn)C P Cn QnnlI 7009 1680 0001 2748 5879 MOUNT OLIVET CE ETARY ASSOCIATIO T 1300 STEE DENVER 7009 1680 0001 2748 5848 K & I INVESTMENTS LLC 12851 W. 43RD DR GOLDEN CO 80403 7009 1680 0001 2748 5817 DONNA MEFFORD 4380 XENON ST WHEAT RIDGE, CO 80033 7009 1680 0001 2748 5794 EADS RICK E PO BOX 16097 GOLDEN CO 80402 7009 1680 0001 2748 5930 TREPANIERJOCELYN 4385 XENON ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5909 MSR LLC I 1250 S. PARKER RD DENVER CO 80231 7009 1680 0001 2748 5893 BECKFELD RICHARD L BECKFELD LAVONNE A 4210 XENON ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5862 MOUNT OLIVET CEMETARY ASSOCIATION THE 12801 W. 44TH AVE WHEAT RIDGE CO 80033 7009 1680 0001 2748 5831 CASEY INVESTMENT II LLC 6557 BEAR RIDGE WAY GOLDEN CO 80403 7009 1680 0001 2748 5756 APO 2 4 2o1U D &C INVESTMENTS LLC 12550 W. 44TH AVE WHEAT RIDGE CO 80033 7009 1680 0001 2748 5923 EVANGELINE N MANGONE LIVING TRUST 3021 JOYCE WAY GOLDEN CO 80401 7009 1680 0001 2748 5763 MENGEL JOY LEON 4350 XENON ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5886 RALPH J MANGONE FAMILY TRUST 3021 N. JOYCE WAY GOLDEN CO 80401 7009 1680 0001 2748 5855 FANNER STEPHEN M HOVERMAN RICHARD W 2240 BELL CT LAKEWOOD CO 80215 7009 1680 0001 2748 5824 REGIONAL TRANSPORTATION DISTRICT 1600 BLAKE ST DENVER CO 80202 7009 1680 0001 2748 5770 �5� City of O Wheat �idge CMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 2q' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26- 109.D) April 26, 2010 Dear Property Owner: This is to inform you of Case No. SUP- 10 -03, a request for approval of a Special Use Permit to allow for major automotive repair on property zoned Commercial - One (C -1) and located at 4395 Xenon Street. This case will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on May 10, 2010, at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. SUP1003.doc www.ci.wheatridge.co.us OW 17 W Z WHEAT RIDGE COLORADO WATER FEATURE * DENOTES MULTIPLE ADDRESSES 3 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) D 100 200 �CO 400 F,� O N W Z L DEPAKTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 ZONING MAP (DESIGNATES OWNERSHIP) r • • Property appraisal system Property Information Previous 27 OF 27 GENERAL INFORMATION Schedule: 043934 Status: Active . Do nna W e4'0(-d Ch Print Hel X06 - S3 Property Address: 04380 XENON ST WHEAT RIDGE CO 80033 Mailing Address: P O BOX 353 WHEAT RIDGE CO 80034 Neighborhood: 2408 - FRUITDALE, LEES, STONERIDGE PROPERTY DESCRIPTION Subdivision Name: - Owner Name(s) ON STREET LLC Block Lot Key ISection ITownship Range QuarterSection Land Sqft 3 0 031 20 3 69 NW 111326 03 -30 -1999 Total 11326 Assessor Parcel Maps Associated with Schedule mao39- 202 .o PROPERTY INVENTORY Property Type RESID Design: Ranch Item Quality No. FULL BATH 11 Fair 1 MAIN BEDROOM F 3 p `l , 6 -C ? f-�' 6 f o 0 Page 1 of 1 Parcel ID: 39- 202 -00 -015 Property Type: Residential Year Built: 1939 Adjusted Year Built: 1947 �� Improvement Number: I J Adjustment Code Adjustment SgFt HOT WTR HEAT 1 1132 CA] F HKTnRV Graphic_ Parcel. Map MapQuest Location Areas Quality Construction Sqft FIRST FLOOR Fair F 1132 RES BLDG /SHED F 112 Land Characteristics Retail Sale Date Sale Amount Deed Type Reception 02 -11 -1983 0 83028250 08 -28 -1996 0 Quit Claim Deed F02928 3- 08 -03 -1998 0 Letter or Letters F0 6 6 3965 03 -30 -1999 50,000 Personal Representative Deed F0836464 01 -27 -2001 0 Warranty Deed E1200212 09 -26 -2002 0 Warranty Deed F157706 03 -30 -2006 0 Quit Claim Deed 2006089427 TAX INFORMATION 0 2009 Payable 2010 View Mill Levy Detail For Year '2009 Actual Value Total 157,400 ed Va Assesslue Total 12,530 Treasurer Information 2Q1 2009 Mill Levy Information Tax District 3109 County 24.3460 School 48.1450 WHEAT RIDGE 1.8300 ARVADA FIRE DIST. 9.5580 FRUITDALE SAN. DIST. 4.1430 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE &FLOOD CONT DIST 0.5080 URBAN DRAINAGE &FLOOD C SO.PLAT 0.0610 VALLEY W. DIST. 0.0000 Total 88.5910 http: / /www.co.j efferson. co .us /ats /displaygeneral.do ?sch= 043934 &offset =26 4/7/2010 Treasurer Information View Mill Levy Detail For Year '2009 Actual Value Total 157,400 ed Va Assesslue Total 12,530 Treasurer Information 2Q1 2009 Mill Levy Information Tax District 3109 County 24.3460 School 48.1450 WHEAT RIDGE 1.8300 ARVADA FIRE DIST. 9.5580 FRUITDALE SAN. DIST. 4.1430 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE &FLOOD CONT DIST 0.5080 URBAN DRAINAGE &FLOOD C SO.PLAT 0.0610 VALLEY W. DIST. 0.0000 Total 88.5910 http: / /www.co.j efferson. co .us /ats /displaygeneral.do ?sch= 043934 &offset =26 4/7/2010 http: / /www.co.j efferson. co .us /ats /displaygeneral.do ?sch= 043934 &offset =26 4/7/2010 Owner Owner 2 Mailing Address Street Type City State Zip Property Address Street Type City State Izip Structure 12505 W 44TH AVE LLC 320 STARFIRE WAY GOLDEN CO 80401 12505 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR EADS RICK E PO BOX 16097 GOLDEN CO 80402 12430 W. 44TH AVE WHEAT RIDGE CO 80033 RESID D &C INVESTMENTS LLC 12550 W. 44TH AVE WHEAT RIDGE CO 80033 12500 W. 44TH AVE WHEAT RIDGE CO 80033 RESID D &C INVESTMENTS LLC 12550 W. 44TH AVE WHEAT RIDGE CO 80033 12550 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR EADS RICK PO BOX 16097 GOLDEN CO 80402 4395 XENON ST WHEAT RIDGE CO 80033 EVANGELINE N MANGONE LIVING TRUS 3021 JOYCE WAY GOLDEN CO 80401 12700 W. 44TH AVE WHEAT RIDGE CO 80033 4380 & 4395 XENON STREET LLC P O BOX 353 WHEAT RIDGE CO 80034 4380 XENON ST WHEAT RIDGE CO 80033 RESID TREPANIER JOCELYN 4385 XENON ST WHEAT RIDGE CO 80033 4385 XENON ST WHEAT RIDGE CO 80033 RESID MENGEL JOY LEON 4350 XENON ST WHEAT RIDGE CO 80033 4350 XENON ST WHEAT RIDGE CO 80033 RESID BRIGHT ALAN L 4325 WRIGHT ST WHEAT RIDGE CO 80033 4325 WRIGHT ST WHEAT RIDGE CO 80033 RESID MSR LLC 1 1250 S. PARKER RD DENVER CO 80231 4375 XENON ST WHEAT RIDGE CO 80033 RESID RALPH J MANGONE FAMILY TRUST 3021 N. JOYCE WAY GOLDEN CO 80401 VACANT CHRISTIANSEN PATRICIA LOUISE TILLY MICHAEL DEAN 4322 XENON ST WHEAT RIDGE CO 80033 4322 XENON ST WHEAT RIDGE CO 80033 COMMR BECKFELD RICHARD L BECKFELD LAVONNE A 4210 XENON ST WHEAT RIDGE CO 80033 4365 XENON ST WHEAT RIDGE CO 80033 RESID TANNER STEPHEN M HOVERMAN RICHARD W 2240 BELL CT LAKEWOOD CO 80215 4315 XENON ST WHEAT RIDGE CO 80033 RESID MOUNT OLIVET CEMETARY ASSOCIATIO 1300 STEELE ST DENVER CO 80210 12801 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR MOUNT OLIVET CEMETARY ASSOCIATIO 12801 W. 44TH AVE WHEAT RIDGE CO 80033 12801 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR REGIONAL TRANSPORTATION DISTRICT 1600 BLAKE ST DENVER CO 80202 VACANT K & I INVESTMENTS LLC 12851 W. 43RD DR GOLDEN CO 80403 12851 W. 43RD DR GOLDEN CO 80403 COMMR CASEY INVESTMENT 11 LLC 6557 BEAR RIDGE WAY GOLDEN CO 80403 12900 W. 43RD DR IGOLDEN CO 80403 COMMR NOTICE OF PUBLIC HEARINGS Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on May 10, 2010, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. SUP- 10 -03 An application filed by Allred & Associates for approval of a Special Use Permit to allow for major automotive repair on property zoned Commercial -One (C -1), located at 4395 Xenon Street and legally described as follows: A PORTION OF THE NW ONE - QUARTER, SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION; THENCE N51 0 37'39 "W, 883.56 FEET TO THE POINT OF THE BEGINNING; THENCE S00 0 10'00 "E, 155.00 FEET; THENCE N89 0 50'00 "E, 129.15 FEET TO THE WEST RIGHT -OF -WAY LINE OF XENON STREET; THENCE N00 0 32'00 "W ALONG SAID WEST LINE, 207.00 FEET; THENCE S67 0 41'54 "W, 138.00 FEETTO THE POINT OF THE BEGINNING SAID PARCEL AS DESCRIBED CONTAINS 23,273 SQUARE FEET OR 0.53 ACRES, MORE OR LESS. Kathy Field, Administrative Assistant E V /d To the City of Wheat Ridge, Community Development Director: RE: SUP -10 -03 As a member of the Xenon St - West 42 " Street neighborhood, I (we) would like to express our opposition to the granting of a Special Use Permit for the installation of a Diesel Truck Repair Facility located at 4395 Xenon Street. The proposed facility will front onto Xenon Street, a residential street, rather than the commercial thoroughfare of 44` Avenue. We do not believe this large facility is compatible with this residential neighborhood. It poses serious traffic concerns on the residential streets, which will only be compounded by the prohibition for a left turn from Xenon onto 44 " Avenue. We have additional concerns about noise, air pollution, drainage, snow removal, groundwater contamination, and home values which have not been adequately addressed in the available documents. We do not believe utilization of this 0.53 acre lot for a large Diesel Truck Repair facility is consistent with good City Planning. Consequently, we request the City of Wheat Ridge deny the requested Special Use Permit for this property. Name /Signature: ev . - S /Al AZ-< Date: ti — 6 /O Address: / :L'/ OO LIA tle Name /Signature: /1 e p�T*+ / �G � Date: 1 /2-- /O Address: V;aPs V/U421 5't [J 33 '' rr��r � Name /Signature: W 1 rl +fir / Mn� l�s�C vi n Date: —ly Address: Z fjy¢ Name /Signature: Date: Address: Name /Signature: j �,d/� l ftmz ) Date: Address: c,J Z e Pte( l E �9 ffn2r/-- 7 /d To the City of Wheat Ridge, Community Development Director: RE: SUP -10 -03 As a member of the Xenon St - West 42 " Street neighborhood, I (we) would like to express our opposition to the granting of a Special Use Permit for the installation of a Diesel Truck Repair Facility located at 4395 Xenon Street. The proposed facility will front onto Xenon Street, a residential street, rather than the commercial thoroughfare of 44 ' Avenue. We do not believe this large facility is compatible with this residential neighborhood. It poses serious traffic concerns on the residential streets, which will only be compounded by the prohibition for a left turn from Xenon onto 44` Avenue. We have additional concerns about noise, air pollution, drainage, snow removal, groundwater contamination, and home values which have not been adequately addressed in the available documents. We do not believe utilization of this 0.53 acre lot for a large Diesel Truck Repair facility is consistent with good City Planning. Consequently, we request the City of Wheat Ridge deny the requested Special Use Permit fort ' operty. Name /Signature: 1owaG Date: Onr�� 'I �; _;? j0 Address: t�c�P�, Sf l��e F CO 0 033 Name /Signature: M l ' t J l �_ Date: Address: Y-o (� a ' lr Cs o 3 3 Name /Signaturf Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: S o 3 X 0 e,-20 54 Psi A,d e CO s?o033 y r� r a To the City of Wheat Ridge, Community Development Director: RE: SUP -10 -03 As a member of the Xenon St - West 42 " Street neighborhood, I (we) would like to express our opposition to the granting of a Special Use Permit for the installation of a Diesel Truck Repair Facility located at 4395 Xenon Street. The proposed facility will front onto Xenon Street, a residential street, rather than the commercial thoroughfare of 44' Avenue. We do not believe this large facility is compatible with this residential neighborhood. It poses serious traffic concerns on the residential streets, which will only be compounded by the prohibition for a left turn from Xenon onto 44"' Avenue. We have additional concerns about noise, air pollution, drainage, snow removal, groundwater contamination, and home values which have not been adequately addressed in the available documents. We do not believe utilization of this 0.53 acre lot for a large Diesel Truck Repair facility is consistent with good City Planning. Consequently, we request the City of Wheat Ridge deny the requested Special Use Permit for this property. Name /Signature: 1pdAe, Date: 4 7 - -lb Address: y O xe ffgn 141t-ee44 & -,g r6 SUU3� Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: 2 /C 1 4po 4�- M ov"' Date: Address: ^/ b�-XE iUo'f Name /Signature Date: 8 - L,o Address: ? o //, 'Jr iz') 5 �a 6c. X0033 To the City of Wheat Ridge, Community Development Director: RE: SUP- 1'0 -03 As a member of the Xenon St - West 42 Street neighborhood, I (we) would like to express our opposition to the granting of a Special Use Permit for the installation of a Diesel Truck Repair Facility located at 4395 Xenon Street. The proposed facility will front onto Xenon Street, a residential street, rather than the commercial thoroughfare of 44"' Avenue. We do not believe this large facility is compatible with this residential neighborhood. It poses serious traffic concerns on the residential streets, which will only be compounded by the prohibition for a left turn from Xenon onto 44` Avenue. We have additional concerns about noise, air pollution, drainage, snow removal, groundwater contamination, and home values which have not been adequately addressed in the available documents. We do not believe utilization of this 0.53 acre lot for a large Diesel Truck Repair facility is consistent with good City Planning. Consequently, we request the City of Wheat Ridge deny the requested Special Use Permit for this property. Name /Signature: Date: Address: Name /Signature Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: 4/7/ 43115 XENCW .5 J 4 ! -q- Loco 1315 nts21!f2 " kflk�: - r r � 2'C=33 Name /Signature: (f Veoy swlt"�, / Date: LI / 6 I'D Address: 5t Wf Ri�4e Go . 9 Name /Signature: SFe rP,Hi < Ou Date: Address: l Z3 w - `f2 Name /Signature: 0 a V\ A vwJ, Date: `l I-W ) o Address: Y135 vj vi NA, ST w 1 Name /Signature: i l�9 Date: — Address: S Name /Signature: (,! /NO- 6 ILI Date: y%SI /�2oz o Address: y 7/, r X en�rr Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: / Date: Address: Name /Signature: A/ ,YlQShW/ --Ll / e Date: Address: �} — f X47" "f�ti�Fs� g0D3� Name /Signature: (LI h,< U / (- H A Q.LE S DEol ro Date: 4- C- lo Address: IaSS"o Ave . Name /Signature: Date: Address: Name /Signature Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: Gc .Pr1o ✓ rt�/�ri�f�S %JCL l '�� /6t 201 �HE�27'62//16�'� GOIo- 800 ?� - 6 - df) I0 ho �s�- Name /Signature: Date: Address: l Name /Signature: 0 A j / Date: I Address: i 12� M Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: Date: Address: Name /Signature: Date: �G Address: Name /Signature: Date: Address: Name /Signature: Date: Address: r s G A E /4�.5 dUI ah S� / he , pge, Cp X0033 II 1-?2 00 6y, -,e2 'r rrC 4-11� " ze no 3 i, To the City of Wheat Ridge, Community Development Director: RE: SUP -10 -03 As a member of the Xenon St - West 42 Street neighborhood, I (we) would like to express our opposition to the granting of a Special Use Permit for the installation of a Diesel Truck Repair Facility located at 4395 Xenon Street. The proposed facility will front onto Xenon Street, a residential street, rather than the commercial thoroughfare of 44' Avenue. We do not believe this large facility is compatible with this residential neighborhood. It poses serious traffic concerns on the residential streets, which will only be compounded by the prohibition for a left turn from Xenon onto 44"' Avenue. We have additional concerns about noise, air pollution, drainage, snow removal, groundwater contamination, and home values which have not been adequately addressed in the available documents. We do not believe utilization of this 0.53 acre lot for a large Diesel Truck Repair facility is consistent with good City Planning. Consequently, we request the City of Wheat Ridge deny the requested Special Use Permit for this property. Name /Signature: 1a1�t ' Date: L 1 1(o /o Address: 3 Z { Nan U6W1 -+- VAdar. 60 %DD33 Name /Signature: a - 71 J 4 Date: /o Address: Name /Signature: / Date: Address: Name /Signature: / Date: Address: Name /Signature: / Date: Address �/t 1.�2. � / !�-� �L/�vµ' /� RPa I G'o�fw o0 N > /�e. -r w@ r ✓%1' �/� �rH os � / z.so '+/ex„ -S a.�yo U.L+. -S 4LO �v ✓,! GviT ,7 %S. /�'�e ctr.c `f� owvre�S�62ra� ors o•7� �/� /yHu,�•� /�ac.,5 anBt - ylolsz iSSue l✓Zry Se lbus� . iiq� i7' o4144,7' lssa r Rio yeas W (esz/ Q /1 LLi1 ' [ �T.rL ° .e+l. i/Ci� -�4S Lkl,�/ / �✓���- noise /e�cu. �m.L'�S uri /� YZi nE:✓�KS'hesS Leave�o �M u X720 2 02rS cl /2o f / e j W2 r/'~es ttd / dl� c 14rroi�� .v[9 —. ���� la V A ✓t g � /� � e .( W 2. QD�9 f 1004- 4,-46Elu�ar� )-f �Gv+ vkl -5Lt � 7 1— O /ice i s i.art y , U`'Y cc'fn dt d-�W ✓L 7v�2 `�`�'YeSt �u. /ire.q �1S YIDA. ! S 6--Ild Mkk' TL -5"., - ihS �c� m-a+ ors^ lie Gom.+v . ✓_ And /No,�^�, 441H. /� °� %c • 147 //Y••LL,J f7@If/ r7uS }h�5�, / City of WheatWdge PUBLIC WORKS Memorandum TO: Adam Tietz, Planner I FROM: Dave Brossman, Development Review Engineer DATE: April 5, 2010 SUBJECT: SUP -10 -03 /Allred, 4395 Xenon Street Drainage Memo & Geotech Report I have completed the review of the above documents received on March 30, 2010 related to the Special Use Permit request to allow for major automotive repairs at 4395 Xenon Street, and I have the following comments: From the PW standpoint regarding approval of the Special Use Permit, the Drainage Memo from Joel Seamons, P.E. will suffice; it provides adequate info to address the volume and release concerns for the proposed stormwater detention/permeable pavement facility. Let this Memo serve as PW sign -off for the Special Use Permit application. 2. However, please keep in mind that alterations, modifications, or enhancements to this initial design may be required prior to final approval during the building permit review process. The final design approval will be based upon additional engineering data to be included in the Final Drainage Report & Plan and related civil documents. Such data includes but is not limited to, the existing water table depth and percolation rates in the areas of both the proposed permeable pavement and the overflow "retention pond ", the direction and quantity of flow proposed to be released from the site, etc. 4395 Xenon SUP_review2 (04- 05- 10).doc p a d City of WheatRdge POSTING CERTIFICATION CASE NO. SUP -10 -03 /Allred and Associates DEADLINE FOR WRITTEN COMMENTS: April 8, 2010 I , %i residing at S 79 ' 5 — 66 14144 t) ame) (address) as the applicant for Case No. SUP -10 -03 , hereby certify that I have posted the sign for Public Notice at 4395 Xenon Street (location) on this L9 d y of /�/%/lC'�/ 20 / and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Sign NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant' s case file... y ICI City of Wheat�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 CERTIFIED LETTER NOTICE P: 303.235.2846 F: 303.235.2857 March 29, 2010 Dear Property Owner: This is to inform you of Case No. SUP- 10 -03, a request for a Special Use Permit to allow major automotive repair on property zoned Commercial -One (C -1) and located at 4395 Xenon Street. Pursuant to Ordinance No. 1291, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303 - 235 -2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on April 7, 2010. Thank you. SUP1003.doc www.ci.wheatridge.co.us TREPANIERJOCELYN 39- 202 -00 -025 7009 1680 0001 2748 5121 4385 XENON ST WHEAT RIDGE CO 80033 D &C INVESTMENTS LLC 39- 202 -00 -013 & 39- 202 -00 -014 12550 W 44TH AVE WHEAT RIDGE CO 800332443 / 111 C? 7009 1680 0001 2748 5138 4380 &4395 XENON STREET LLC y� PO BOX 353 39- 202 -00 -015 7009 1680 0001 2748 5145 "� iC'� WHEAT RIDGE CO 80034 a� 12505 W 44TH AVE LLC 39- 202 -00 -009 320 STARFIRE WAY 7009 1680 0001 2748 5152 GOLDEN CO 80401 REGIONAL TRANSPORTATION DIST 39- 202 -00 -007 1600 BLAKE ST DENVER CO 80202 MOUNT OLIVET CEMETERY ASSOC 39- 202 -00 -001 12801 W 44TH AVE WHEAT RIDGE CO 80033 7009 1680 0001 2748 5169 7009 1680 0001 2748 5176 q ' c —� c ; - z - � EADS RICK 39- 202 -00 -012 7009 1680 0001 2748 5107 PO BOX 16097 - -- -_ GOLDEN CO 80402 6001 - X� � EVANGELINE N MANGONE LIVING TRUST 39- 202 -00 -011 7pp9 1680 0001 2748 5114 3021 JOYCE WAY GOLDEN CO 80401 TREPANIERJOCELYN 39- 202 -00 -025 7009 1680 0001 2748 5121 4385 XENON ST WHEAT RIDGE CO 80033 D &C INVESTMENTS LLC 39- 202 -00 -013 & 39- 202 -00 -014 12550 W 44TH AVE WHEAT RIDGE CO 800332443 / 111 C? 7009 1680 0001 2748 5138 4380 &4395 XENON STREET LLC y� PO BOX 353 39- 202 -00 -015 7009 1680 0001 2748 5145 "� iC'� WHEAT RIDGE CO 80034 a� 12505 W 44TH AVE LLC 39- 202 -00 -009 320 STARFIRE WAY 7009 1680 0001 2748 5152 GOLDEN CO 80401 REGIONAL TRANSPORTATION DIST 39- 202 -00 -007 1600 BLAKE ST DENVER CO 80202 MOUNT OLIVET CEMETERY ASSOC 39- 202 -00 -001 12801 W 44TH AVE WHEAT RIDGE CO 80033 7009 1680 0001 2748 5169 7009 1680 0001 2748 5176 q ' c —� c ; - z - � 5W 17 to W Z WHEAT RIDGE COLORADO WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) 0 100 200 5010 9co FA O N W Z �, wxEar DEPARTMENT OF MAP ADOPTED: June 15, 1994 ` °a•° PLANNING AND DEVELOPMENT L as t Revision: September 10, 2001 ZONIN MAP I PARCEULOT BOUNDARY A — � (DEESIG IN OWNERSHIP) �� � O -- -- - - -- - - - -- -- ------ - - - --- - - - -- -- PeOH 5 N -r3 N r ;aajiS o� )N ON SN an N t0 oI Fo !Um O u v y y k DSO Cd Y \1 ° SY a; i m \ YS N \ Y \ d� y y V ALLRED &ASSOCIATES ARCHITECTURE • PLANNING INTERIOR DESIGN 580 BURBANK ST. SUITE 125 BROOMFIELD, COLORADO 80020 PH: 303/465.4306 FAX: 3031465.4382 w .allredarchxom RESPONSES TO COMMENTS. The submittal for the special use permit for the property located at 4395 Xenon Street has been received. After the review of the documents, I have the following comments. Please see the attached redline plans for further details. Architecture 1. City Code does not allow any metal structure over 120 square feet to be constructed within the City of Wheat Ridge. The Architectural and Site Design Manual (ASDM) further distinguishes that "architectural metal" may be used as an accent to other primary building materials limits. According to the ASDM, metal used as an exterior building material is limited to 20 %. a. It appears from the plans submitted that the metal used exceeds the 20% threshold. b. Please provide a table on page "A2" that provides a breakdown of the materials used on the exterior finishes. RESPONSE. See Table on Sheet A2. The metal siding is only an accent material and is less than 20% of the entire building elevations. 2. The ASDM requires 60 -85% of the building fagade that faces the primary street (Xenon Street) to be constructed of a transparent material. The Community Development Department does have some latitude in prescribing transparency requirements whether it be through actual or perceived transparency. Translucent materials do not count towards the transparency requirements. a. Please provide a table on page "A2" that provides a break down of the transparent versus the non - transparent areas on the building facade that faces Xenon Street. RESPONSE. See table on sheet A2. The Xenon Elevation has been revised to incorporate storefront in larger quantities. The transparent vision glass area is 65 % of the east ground floor elevation. 3. The ASDM suggests relating the architecture of any new development to the surrounding area to help mitigate some of the "differences of scale" between the proposed structures and existing surrounding structures. In order to reduce the scale of the building that faces the existing structures along Xenon Street, the following suggestions are made: a. Place all of the 11 foot high overhead doors on the eastern elevation in order to allow for a lower eave line that more appropriately mimics the eave lines of the existing structures in the area. RESPONSE. The building has been re- oriented so that the overhead doors do not face Xenon Street. This complies fully with the intent of the ASDM concerning overhead doors and their orientation to the street In addition, the doors have significantly been distanced from the south property line. b. With a lower eave line, a lower roof angle could be established to further reduce the large scale of the proposed building. The discrepancy in the roof heights on the west and east elevations could be made up by a "monitor" or "half- monitor" style roof. i. If windows were added to this area to create a clear story, the added transparency could count to the transparency requirement. RESPONSE. The Building Elevations have been revised to lower the eave height along Xenon Street. The roof over the office area slopes down to an 11' -0" eave above the finished grade along Xenon Street. Windows and landscape trellis add interest and scale to the front faVade. In addition, an angled storefront wall on the North East end of the office creates three dimensional interest as well as step back from the street. The stone adds scale to the walls and relates more as a "residential" element to the surrounding neighborhood. A six foot stone masonry screen wall wraps around the south east corner of the project and extends along the south property line. This wall visually separates the access drive on the south and screens the view of the sectional overhead doors from the residential neighborhood to the south and south east. The wall is set back from Xenon Street to allow landscaping to soften the wall and add additional screening to the project. Also, the South elevation of the building has been moved significantly away from the south property line by 33' reducing the building's presence next to the residential property to the south. A stone masonry wing wall at the north end of the building visually screens a majority of the north parking lot from the residential neighborhood to the south east as well. Clearstory windows over the repair bays allow transparency and variety to the clearstory gable end Signage 1. By virtue of the sign code, only one freestanding/monument sign per street frontage is allowed. The property being developed only has street frontage along Xenon Street therefore only one sign will be allowed. RESPONSE. Only one sign is shown in the Site Plan and Elevations. The freeway sign will remain. The monument sign has been removed 2. The size of the sign allowed is based on the square footage of the building that it is advertising. With the building being proposed having 5,432 square feet, a 100.8 square foot sign is allowed. The allowed square footage for the sign cannot be broken up or transferred to allow for multiple signs. RESPONSE. The sign is 10'x 5'= 50 square feet. It is the only sign. 3. One of the proposed signs will be required to be removed. If a second freestanding sign is desired, a variance will be required. RESPONSE. The monument sign is removed from the plans. No variance is requested. 4. The ASDM encourages monument signs. In order have the development relate to the exiting area, a monument sign is strongly encouraged. RESPONSE. The applicant appreciates the city's desire to only have the monument sign; however the applicant wishes to proceed with the highway sign as allowed by city sign codes. The sign will face East and West and in that sense will have less impact on the neighborhood to the south then a sign facing north and south. Site Design Commercial properties are required to maintain a maximum drive access width of no wider than 35 feet. The drive width for the drive that accesses the overhead doors on Xenon Street is proposed to be 42 feet in width. The Public Works Director may approve a modification or wavier based on the consideration of traffic characteristics, both on and off site. Should a waiver to the above requirement be requested, a written and signed waiver by the Public Works Director will be required to be submitted. RESPONSE. The two site access drives has been reduced to only one access off of Xenon. The width of this access is reduced to 22. It has been moved to the North East end of the property and thus directs the egress of vehicles North on Xenon Street. This access has been significantly removedfrom the residential neighborhood to the south and east. As in the previous submittal, a "No Right Turn" sign is shown on the site plan to diminish traffic from driving south on Xenon Street. 2. An additional, "No Right Turn" sign should be added to the north side of the driveway that provides access to the overhead doors onto Xenon Street. RESPONSE. See Response above. 3. The ASDM requires all trash enclosures to be screened and pushed towards the rear of the site. A more suitable location for the trash enclosure would be in the southwest corner of the site. RESPONSE. The trash enclosure has been relocated at the South West corner of the property. 4. The ASDM also requires all mechanical equipment to be screened. The west side of the electrical box will need to be screened with either a wall or additional landscaping. RESPONSE. The electrical transformer has been located behind the masonry screen wall. It is heavily landscaped as well. 5. It does not appear the building will encroach into any of the ditch easements. Please note that no building or structure, or portion thereof, may be located within any easement. RESPONSE. The note has been added to the site plan. Lighting 1. A lighting plan with photometric will be required to be provided at the time of building permit. RESPONSE. A lighting plan with photometric calculations will be provided at the time of building permit application. Parking 1. The parking requirement for auto repair facilities requires 2 parking spaces per bay plus 1 parking space per employee. The proposed facility has 9 bays which require 18 parking spaces itself. Additional parking is also required for each employee. Based on the numbers provided to staff, 26 parking spaces are required. Only 14 spaces have been provided. The Community Development Department has the ability to reduce the parking up to 10 percent since the proposed facility is within 500 feet of a transit stop. Even with a parking reduction of 10 percent, 23 parking spaces are still required. All parking must be accommodated on site. If not all parking can be accommodated on site, there are two additional options to allow for reduced parking: a. Shared Parking Agreement: Parking may occur off the lot on another property with in 300 feet of the structure. A shared parking agreement must be entered into between the owner of said lot, the owner of the lot seeking parking, and the City of Wheat Ridge. The agreement will be recorded at the Jefferson County Clerk and Recorder as a deed restriction and will include the location and number of spaces. The agreement will be enforce until the three parties sign a release. b. Variance: A variance of up to 50 percent of the required parking spaces may be granted by the Community Development Director should he find a that the variance request is in accordance with the City of Wheat Ridge Code of Laws, Section 26 -115. RESPONSE. The site has been redesigned to accommodate 15 spaces outside the facility and 9 spaces within the facility. Upon further discussions, we are of the understanding that this is sufficient to meet the intent of the requirements. 2. If vehicles requiring repair (incapable of being driven, missing parts, in any other state of disrepair, or in the state of being repaired) are proposed to be parked on site for a period of 72 hours or more, they must be either parked indoors or parked behind a six foot, view obscuring fence. RESPONSE. No vehicles requiring repair and incapable of being driven or in any state of disrepair will be parked outside the building for a period exceeding 72 hours. Landscaping 1. One street tree is required for every 30 feet of linear footage of the lot. With a lot of 207 feet of length along Xenon Street, Seven trees are required to be installed between the back of the sidewalk and the front fagade of the building, extended. According to the landscape plan, this requirement has been met. RESPONSE. This requirement continues to be met with the new site layout. 2. The ivy proposed for the green walls is shown as Boston Ivy. Boston Ivy is know to lose its leave in the fall and is bare throughout the non - growing season. In order to accommodate a year -round green wall, more hearty ivy that does not lose its leaves in the winter is suggested, such as English or Winter Ivy. RESPONSE. English Ivy has been substituted for Boston Ivy. Miscellaneous 1. The ditch that traverses the property is proposed to be piped and buried. All agreements and approvals to do this must be done through the ditch company. All processes and other procedures required by the ditch company are separate from any City of Wheat Ridge process and must be handled through them. Copies of all agreements and approvals with the ditch company must be provided to the City of Wheat Ridge. RESPONSE. The Bayou Ditch Company President has stated that as long as the engineering requirements of the Ditch Company have been met, they will accept the piping of the ditch. This process will be entered upon as approval from the city is more imminent. 2. Please see the attached comments from Dave Brossman, Development Review Engineer, regarding drainage and other Public Works requirements. RESPONSE. Please see the attached support data and response from the Design Team Engineer Joel Seamons of Park Engineering. Please also see the enclosed Geotechnical Report by Kumar and Associates. 3. Attached are the comments from all other referral agencies. Please review each response and make changes accordingly. If you have concerns or questions regarding a comment made by a referral agency please, direct specific questions to that agency. Please make the above corrections to the plans and re- submit them by March 23, 2010. More information may also be required to be provided by other departments depending on their comments pertaining to this permit. Upon the correction of all discrepancies, please submit 3 full -size copies (folded) and an 11 x17 reduction of revised plans along with the redline copy the plans to the Community Development Department. c rn V J W 1 O U C O L- W J U_ U Q ` Q ^ N v J W � SITE PLAN LEGEND .--ef (q vumx �nr u>rt EM M ®x ew m wxr Ml (w) r` GRAPHIC SCALE IN 0 5 W 20 N / IN S) .c .10 r O U O c c c d W J J s Q Q IMPROVEMENTSURVEY PLAT 4395 XENON STREET LOCATED IN A PORTION OF THE NW 114, SEC. 20, T.3S., R.69W, 6TH P.M. 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":0 :38.00 FEET TO THE PONT V BEGINNING. OR 0.13 ACRES. ='B O PAINS 23.2]3 SQUIRE FEET LEGEND MOJECT BOUNDARY W- EXISONO WATER UNE E%ISTNG SANITARY SEMR = DISMG STORM SEWER 60 OSTNG CAS MNN _ - - - -- E%ISPNG CClm" - EMOTING UNDERGROUND ELECTRIC UNE EMOTNG UNDERGROUND n EPHONE UNE EMSTNG RNCE — — — EwsnxG EDGE aF ASPHALT ___ - - EMOTING CURB k GITTER SURVEYOR'S STATEMENT %(FPAfl[p UNDER MT UPERN4W ftE( AN�E11 /pT1J S i• JOryr � J E5. E.: P.LS. CA1P ! 19806 LWORWb N0. 19 FOR AND ON A fi00 '� / MIF CF / JONR ENONEERING ASSCpATS. INC, gP. IMPROVEMENT SURVEY PUT 4395 XENON STREET .JOB NO. 1(KR)7 DATE: FEBRUARY 3, 2010 SHEET OF ES NEEMNQ.._ A INC xuo w.umemn eFµ. sW�ms I;IUNm, r <loamwlm (MVee:ID.TIBUJY3 FualHllltlN.tlS I O it O i —2.0% R A \ \ \ \ I \ V A - ---------- I \ \\ \ 1 \ \ I u, % \ \ Yy \ t BY Aid11TC"(ti � \/ -- �� 1 \ I 9 - -` `v W yy - - - -- A, ` DRAINAG LEGEND \ it � 1 ASN OR SUB -BASN A VALUE 5 -YR STORM OM m VALUE 100 -TA STIXM AREA Q (ACRES Bf4GN POINT mmona mumm BASIN UNIT X 0,50$, RUNOFF SLOPE Yy \ BY Aid11TC"(ti � \/ -- �� 1 \ I 9 - -` `v W yy - - - -- A, \ • o.ex � II I I 1 it � 1 � 1 �s IH\£A T NOTES: i. XATOHBO PREA TO THE ZTN Ci TIE SUILOING 10 BE 1. WSW A PEANEABIE PAVENSNi PRODUCT FRONOW 9Y COLORADO NAR05C0➢ES. Y PROPOSED SPOT FIEVATIPYS SHOWN ALONG THE CURBUNES ARE .04 �I v II f I e l A C"�'a� O 2�o I I , IS. � •• AJ BY Aid11TC"(ti � \/ -- �� 9 - -` W yy - - - -- A, \ NOTES: i. XATOHBO PREA TO THE ZTN Ci TIE SUILOING 10 BE 1. WSW A PEANEABIE PAVENSNi PRODUCT FRONOW 9Y COLORADO NAR05C0➢ES. 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IXMNa Ny If♦ WIWLF SPKE 0 vkff) -a FROM k p \�� / /• Vii.. ►'��� I1F� I I�10 / / CI F I r / III �� e il..w iti•. 16 .I 5��� ^� rN ��III cMC. 5 O N lEN M IE) R STREET ape a NI0 WPM Wrc V 1 t() SIGN NO a , EaIF ALL' WILE Ni(� LUOG AN =S S PAIpc SOP SMR M 2 N I I II I 0 z w, 3 ) I■ CA z� W Q 0 Q C Do z O Q Q g # z U Q g� a as ag ¢ El s C � 2a C W U J d a� m -J O V V Q Xcd Ln s M v ROOF EEvmm MATERIAL TOTALS GiXONG ON #NON MEET MANGX 512 SF OR 0% M& Rpll£ FWbCE OF EIEVP 1595.05 SF 101A'. Ci G w 0 @Iww 1123.35 SF OR 1I.W{ M& OF MEM SIm ON BOUNG 11228 S OR 1G3Ai M& OF STONE ON BIIRMO tOBI.BO 4 OR 14.M iOIK OF UNE6fIPE 5L1EFN IXI BIAIOING 90251 3 ON EM ORIIX Y OB OF OR 01.915 ICI ICI ICI �I �_�� m_m =mom mm m - PoIX£ SECIKKUL Q HEAD COOK — W/ MNOom nP __ solo -ar nulmt scaEEa -.. "-• � FOR LW09CMBIG, IIP - W LVSI® ME LYgG16 SOE NL-f HEED _ ._ Q .. l` / 9G[£ ♦ IIY 1'_IV � 1gMOW YEiA PfOEtiTPRN OoOP, RIDGE ♦ 116'ir R -PM m ROOF, W. ENE n� r -0• -PP.FSMGNFp YR FAAX4 AW F/311FR ttP, -- -0IRf EME0 R -PANEL m W M __ALW. STOREERONl VdNOOWM 2 SOUTH ELEVATION 9rfo -ra 131' -IO' o� d 9 • M � z z g " a Zg U 5 Cl. CL CL H w„ a �e y U � W a9 v a a 4 a S R M G) O �U E/) ai c b.0 0-0 , X L 1 rn M 1 n�� F1� L� ( D MONUMENT MONUMENT SIGN TRASH ENCLOSURE FRONT ELEVAT Y 6' WEST ELEVATION s1r_ra N 4 NORTH ELEVATION yf9'.f'tl HIG HWAY BUSINESS SIGN 9ne.ra 9 EAST ELEVATION a s +ra qw mw i O WTV ---UP #1 IsimA / , 00I 40-11 PROJECT BOUNDARY 20 10 0 20 40 EXISTING WATER LINE 54 EXISTING SANITARY SEWER SCALE.- 1" 20" EXISTING STORM SEWER U19" If 14 6 EXISTING GAS MAIN EXISTING CONTOUR EXISTING UNDERGROUND ELECTRIC LINE EXISTING UNDERGROUND TELEPHONE LINE EXISTING FENCE EXISTING EDGE OF ASPHALT EXISTING CURB de GU R i A PORTION OF THE NW 1/4, SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION; THENCE N51'37'39 *W, 883.56 FEET TO THE POINT OF BEGINNING; THENCE SOO*10'00"E, 155.00 FEET, THENCE N89*50'00"E, 129.15 FEET TO THE WEST RIGHT—OF—WAY LINE OF XENON STREET; THENCE N00*32'00"W ALONG SAID WEST LINE, 207.00 FEET; THENCE S67*41*54"W, 138-00 FEET TO THE POINT OF BEGINNING. SAID PARCEL AS DESCRIBED CONTAINS 23,273 SQUARE FEET OR 0.53 ACRES, MORE OR LESS. Ilzra lxzig�s 10 NEERING 0 INC, 2120 W. Littleton Blvd, Suite 205 Littleton, Colorado 80120 Phone: 303-738-0283 Fax: 303-738-0285 6 " CUM9 OPENING VICINITY MAP �i �04` I" n NOT TO SCALE PRESENT ZONING CLASSIFICATION C-1 LAND AREA WITHIN PROPERTY LINES : 23 273 /.53 ACR EXISTING SITE USE: VACANT PROPOSED USE: AUTO REPAIR SHOP CONSTRUCTION TYPE: 11® PROPOSED BUILDING AREA COVERAGE : 7,148 SF PERCENTAGE OF S11 E 30.7% PROPOSED PAVING COVERAGE : 11 SF PERCENTAGE OF SITE 49.1% PROPOSED LANDSCAPING COVERAGE : 4 * 706 SF PERCENTAGE OF SITE 20.2 PROPOSED BUILDING STORIES : 1 PROPOSED BUILDING HEIGHT: 22' MINIMUM BUILDING SETBACKS : RE ' ROVID,,D" FRONT (EAST) 0 2 — SIDE NORTH 5, 60 -8" SIDE SOUTH ,- ' 5 4-� -1 REAR (WEST) 1 21 , °2 REQUIRED PARKING SPACES : Botanical Name 2 PER REPAIR BAY 18 1 PER EMPLOYEE 8 PROPOSED REDUCTION —2 TOTAL PROPOSED 24 ALLOCATION OF PROPOSED PARKING SPACE : IN REPAIR BAYS CWS IN PARKING LOT 1 LEGAL DESCRIPTION (E) RIGHT —OF —WAY LINE (E) FENCE T IR REMAII ACCESSIBLE SPACES (IN LOT) 1 STL, CHANNEL COMPACT SPACES 0 STAND —OFFS FROM 3% a t A u *S - . #ST IN BREAK-AWAY LEEVE E: SITE PLAN FOR r DIA CO B ASE ACCESSIBLE PARKING SYMBOL SIGN POST DETAIL 4 "_ 1 1 3 1/211 = 1 IM 11 100 WATT (MAX.) HPS LAMP ECTANGULAR CUTOFF OUSING, PAINTED TEMPE GLASS LENS TAPERED POLE, PAINTED (N) HIGHWAY BUSINESS SIGN (N) ASPHALT DRIVE (N) ELECTRICAL PANEL (N) WALL-MOUNTE LIGHT FIXTURE W/ FU LL HOUSING, TYP. sam��� FM ix (N) TRASH ENCLOSURE, 80 RE: ELEVATION (E) FENCE TO YJ REMAIN CIO 14� ��lf coNNEc CONC. s. E SITE PLAN LEGEND vr , L47 a IN FEET inch 1 ft , • Key Botanical Nome Common Name Qty Caliper CID PYRUS CALLERYANA CHANTICLEER CHANTICLEER PEAR 3 2" BO QUERCUS MACROCARPA BUR OAK 4 2" WH CELTIS OCCIDENTALIS WE HAKBERRY 2 2.5" SWO QUERCUS BICOLOR SWAMP WHITE OAK 2 2.5" DECIDUOUS SHRUBS Key Botanical Name Common Name Qty Size BRB CYTISUS SCOPARIUS ' BURKWOOD' BURKWOOD RED BROWN 6 5 gal. + CWS PRUNUS BESSEYL PAWNEE BUTTES CREEPING WESTERN SAND CHERRY 8 5 gal. OSR ROSA X 'MORDEN SUNRISE' ORANGE SHRUB ROSE 8 5 gal. RS PEROVSKIA ARTIPLICIFOLIA RUSSIAN SAGE 26 3 gal. CM VINCA MINOR CREEPING MYRTLE 26 3 gal. EVERGR SHRU Key Botanical Name Common Name Qty Size WBM PRIUS MUGO WHITE BUD WHITE BUD MUGO PINE 11 5 gal. YJ JUNIPERUS HORIAONTAUS YOUGSTOWN YOUNGSTOWN JUNIPER 24 5 gal. EE EUONYMOUS FORTUNEI EVERGREEN EUONYMOUS 12 5 gal. ORNAMENTAL GRASSES ® 1 / / l Ke Y Botanical Name Common Name Qty Size 0 SRSG PANICUM VIRGATUM 'SHENANDOAH' SHENANDOAH RED SWITCHGRASS 7 5 gal. GSG MISCANTHUS GIGANTUS GIANT SILVER GRASS 6 5 gal. DFG PENNISETUM ALOPECUROIDES DWARF FOUNTAIN GRASS 10 3 gal. FRG CALAMAGROSTIS ACUTIFLORA FEATHER REED GRASS 17 3 gal. VINES Key Botanical Nam Common Name Qty Size El HEDERA HELIX 'CAVENDISHII' ENGLISH IVY 34 1 gal. 3% a t A u *S - . #ST IN BREAK-AWAY LEEVE E: SITE PLAN FOR r DIA CO B ASE ACCESSIBLE PARKING SYMBOL SIGN POST DETAIL 4 "_ 1 1 3 1/211 = 1 IM 11 100 WATT (MAX.) HPS LAMP ECTANGULAR CUTOFF OUSING, PAINTED TEMPE GLASS LENS TAPERED POLE, PAINTED (N) HIGHWAY BUSINESS SIGN (N) ASPHALT DRIVE (N) ELECTRICAL PANEL (N) WALL-MOUNTE LIGHT FIXTURE W/ FU LL HOUSING, TYP. sam��� FM ix (N) TRASH ENCLOSURE, 80 RE: ELEVATION (E) FENCE TO YJ REMAIN CIO 14� ��lf coNNEc CONC. s. E SITE PLAN LEGEND vr , L47 a IN FEET inch 1 ft , • C ELEVATION MATERIAL TOTALS i ki F 14 rL ! ! B 111111 , TOTAL SQUARE FOOTAGE OF ELEVATIONS 7395.05 SF TOTAL OF GLAZING ON BUILDING 1323.35 SF OR 17*90% TOTAL OF METAL SIDING ON BUILDING 1422.79 SF OR 19.24% TOTAL OF STONE ON BUILDING 1082.80 SF OR 14.64% TOTAL OF LANDSCAPE SCREN ON BUILDING 502-53 SF OR 6.80% O THER 30 O i $ - 1 EAST ELEV Of mmilrovi olmlu r ::... r: ol *, 1 C 4 \NORTH ELEVATION 3/16•• = 1 0" BUSINESS MONUMENT SIGN (0" � TRASH ENCLOSURE FRONT ELEVATION 1 F\ WEST ELEVATION 3/16 _ 1 0" 3/16.. _ �._� T 3116 ,. _ 1 ._ 0 HIGHWAY BUSINESS SIGN 7 /Jc it I- ## City of Wheatdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 March 15, 2010 Mr. Brent Allred Allred & Associates 580 Burbank Street, Suite 125 Broomfield, Colorado 80020 Re: Special Use Permit review comments for Performance Wise, Inc. Dear Mr. Allred: F: 303.235.2857 The submittal for the special use permit for the property located at 4395 Xenon Street has been received. After the review of the docunents, I have the following comments. Please see the attached redline plans for further details. Architecture 1, City Code does not allow any metal structure over 120 square feet to be constructed within the City of Wheat Ridge. The Architectural and Site Design Manual (ASDM) further distinguishes that "architectural metal" may be used as an accent to other primary building materials limits. According to the ASDM, metal used as an exterior building material is limited to 20 %. a. It appears from the plans submitted that the metal used exceeds the 20% threshold. b. Please provide a table on page "A2" that provides a break down of the materials used on the exterior finishes. 2. The ASDM requires 60 -85% of the building fagade that faces the primary street (Xenon Street) to be constructed of a transparent material. The Community Development Department does have some latitude in prescribing transparency requirements whether it be through actual or perceived transparency. Translucent materials do not count towards the transparency requirements. a. Please provide a table on page "A2" that provides a break down of the transparent versus the non - transparent areas on the building fagade that faces Xenon Street. 3. The ASDM suggests relating the architecture of any new development to the surrounding area to help mitigate some of the "differences of scale" between the proposed structures and existing surrounding structures. In order to reduce the scale of the building that faces the existing structures along Xenon Street, the following suggestions are made: a. Place all.,of the 11 foot high overhead doors on the eastern elevation in order to allow for a lower cave line that more appropriately mimics the cave lines of the existing structures in the area. b. With a lower eave line, a lower roof angle could be established to further reduce the large scale of the proposed building. The discrepancy in the roof heights on the west and east elevations could be made up by a "monitor" or "half- monitor" style roof. www.ci.w•heatridge.co.us If windows were added to this area to create a clear story, the added transparency could count to the transparency requirement. Signage 1. By virtue of the sign code, only one freestanding/monument sign per street frontage is allowed. The property being developed only has street frontage along Xenon Street therefore only one sign will be allowed. 2. The size of the sign allowed is based on the square footage of the building that it is advertising. With the building being proposed having 5,432 square feet, a 100.8 square foot sign is allowed. The allowed square footage for the sign cannot be broken up or transferred to allow for multiple signs. 3. One of the proposed signs will be required to be removed. If a second freestanding sign is desired, a variance will be required. 4. The ASDM encourages monument signs. In order have the development relate to the exiting area, a monument sign is strongly encouraged. Site Design 1. Commercial properties are required to maintain a maximum drive access width of no wider than 35 feet. The drive width for the drive that accesses the overhead doors on Xenon Street is proposed to be 42 feet in width. The Public Works Director may approve a modification or wavier based on the consideration of traffic characteristics, both on and off site. Should a waiver to the above requirement be requested, a written and signed waiver by the Public Works Director will be required to be submitted. 2. An additional, "No Right Turn" sign should be added to the north side of the driveway that provides access to the overhead doors onto Xenon Street. 3. The ASDM requires all trash enclosures to be screened and pushed towards the rear of the site. A more suitable location for the trash enclosure would be in the southwest corner of the site. 4. The ASDM also requires all mechanical equipment to be screened. The west side of the electrical box will need to be screened with either a wall or additional landscaping. 5. It does not appear the building will encroach into any of the ditch easements. Please note that no building or structure, or portion thereof, may be located within any easement. Lighting 1. A lighting plan with photometric will be required to be provided at the time of building permit. Parking 1. The parking requirement for auto repair facilities requires 2 parking spaces per bay plus 1 parking space per employee. The proposed facility has 9 bays which require 18 parking spaces itself. Additional parking is also required for each employee. Based on the numbers provided to staff, 26 parking spaces are required. Only 14 spaces have been provided. The Community Development Department has the ability to reduce the parking up to 10 percent since the proposed facility is within 500 feet of a transit stop. Even with a parking reduction of 10 percent, 23 parking spaces are still required. All parking must be accommodated on site. If not all parking can be accommodated on site, there are two additional options to allow for reduced parking: a. Shared Parking Agreement: Parking may occur off the lot on another property within 300 feet of the structure. A shared parking agreement must be entered into between the owner of said lot, the owner of the lot seeking parking, and the City of Wheat Ridge. The agreement will be recorded at the Jefferson County Clerk and Recorder as a deed restriction and will include the location and number of spaces. The agreement will be enforce until the three parties sign a release. b. Variance: A variance of up to 50 percent of the required parking spaces may be granted by the Community Development Director should he find a that the variance request is in accordance with the City of Wheat Ridge Code of Laws, Section 26 -115. 2. If vehicles requiring repair (incapable of being driven, missing parts, in any other state of disrepair, or in the state of being repaired) are proposed to be parked on site for a period of 72 hours or more, they must be either parked indoors or parked behind a six foot, view obscuring fence. Landscaping 1. One street tree is required for every 30 feet of linear footage of the lot. With a lot of 207 feet of length along Xenon Street, Seven trees are required to be installed between the back of the sidewalk and the front fagade of the building, extended. According to the landscape plan, this requirement has been met. 2. The ivy proposed for the green walls is shown as Boston Ivy. Boston Ivy is know to lose its leave in the fall and is bare throughout the non - growing season. In order to accommodate a year -round green wall, a more hearty ivy that does not lose its leaves in the winter is suggested, such as English or Winter Ivy. Miscellaneous 1. The ditch that traverses the property is proposed to be piped and buried. All agreements and approvals to do this must be done through the ditch company. All processes and other procedures required by the ditch company are separate from any City of Wheat Ridge process and must be handled through them. Copies of all agreements and approvals with the ditch company must be provided to the City of Wheat Ridge. 2. Please see the attached comments from Dave Brossman, Development Review Engineer, regarding drainage and other Public Works requirements. 3. Attached are the comments from all other referral agencies. Please review each response and make changes accordingly. If you have concerns or questions regarding a comment made by a referral agency please, direct specific questions to that agency. Please make the above corrections to the plans and re- submit them by March 23, 2010. More information may also be required to be provided by other departments depending on their comments pertaining to this permit. Upon the correction of all discrepancies, please submit 3 full -size copies (folded) and an 1 Ixl7 reduction of revised plans along with the redline copy the plans to the Community Development Department. Please note that you wish to plan to stay on track to have a City Council hearing on May 10, 2010, revised plans, corrections, and all other required documents will be required to be submitted to the Community Development Department by March 23, 2010. Should any of the comments in the above letter or those made by other referral agencies not be addressed in the resubmittal or if another round of referrals are required based on the next submittal; the City Council hearing date may be required to be pushed back as well. For clarification on any of these issues, please feel free to contact me at 303.235.2845 Sincer L /� Adam Tietz Planner, Community Development Department City of Wheat Ridge, Colorado p. 303.235.2845 atietz(aci.wheatridae.co.us t t . I t � ma v =7�� w - �ALIV _w _P�v mwimmirw Ar MWAW M - M 74F-AINN-VAN qmk m=L'q I I w-AdVIR W-AIL-mm-FAFF-M& �_ _�f qw wmLq_ BA QV OF WALK " sw i—W)'J"54,31-30 PROJECT BOUNDARY EXISTING WATER LINE S4 EXISTING SANITARY SEWER EXISTING STORM SEWER 6A 6 EXISTING GAS MAIN wo_ -~~ EXISTING CONTOUR 6wqF EXISTING UNDERGROUND ELECTRIC LINE ffiL EXISTING UNDERGROUND TELEPHONE LINE EXISTING FENCE EXISTING EDGE OF ASPHALT EXISTING CURB & GUA a �i ' K� m i O ---UP #1 SCALE: 1 mom Oar or SCALE: 1 " Amno, 20' SURVEYORS STATEMENT PREPARED UNDER MY SUPERVISION 4T OF COMMENCEMENT TER 1/4 SEC 20 T3S R69W ND 3 1/4" A, C, LS JAME9FT. JONES��.Eo, P.L.S. DATE COLORADO NO. 19606 FOR AND ON BEHALF OF JONES ENGINEERING ASSOCIATES, INC T. *so 0 J 19606 JONES ENGINEERING I ASSOC... INC. \Lj 2120 W. Littleton Blvd., Suite 205 Littleton, Colorado 80120 Phone: 303-738-0283 Fax: 303-738-0285 _w o' ' � ° 'vV �, � ( I ' f 0 20 10 20 40 8 L I Aft IlAfl 5429.03 j 000- 5429.91 Y M ` r 1 1 I�111 9 VICINITY MAP A AM TLIETIff RM vie 9 1% N NOT TO SCALE 0 PRESENT ZONING CLASSIFICATION 4 C-1 LAND AREA WITHIN PROPERTY LINES 44 23t273 SF/. 53 ACRE 4 EXISTING SITE USE4 VACANT PROPOSED USE, AUTO REPAIR SHOP CONSTRUCTION TYPE V_B PROPOSED BUILDING AREA COVERAGE 7* 150 SF PERCENTAGE OF SO E 30.7% PROPOSED PAVING COVERAGE 1 0,412 SF PERCENTAGE OF SITE 44.7% PROPOSED LANDSCAPING COVERAGE 5,711 SF PERCENTAGE OF SITE 24.6% PROPOSED BUILDING STORIES 1 PROPOSED BUILDING HEIGHT: 22 MINIMUM BUILDING SETBACKS RE ' D PROVIDED FRONT (EAST) 201 20' SIDE NORTH) 51 591-7* SIDE SOUTH) 5' 51,3 1/2* REAR (WEST) 10 38#-7# PROPOSED PARKING SPACES 2 PER REPAIR BAY 18 1 PER EMPLOYEE 8 PROPOSED REDUCTION —3 TOTAL 23 L u g PLANTER SCREEN ELEV. WIJEL�._ A "Mm" 1p I IN -(N)�CONC. CU:I*B AND GUTTER, 6 w A IRAS L :4 P. Pl/ 4 1 0 MEOW TIE INTO (E) �,4HERE EC, 12 BOLT THROUGH #ST TOP MID JITTOM GALV. STEEL SQUARI *ST IN BREAK—AWAY LEEVE E: SITE PLAN FOR URFACE MATERIAL DIA. CONC. OST BASE ACCESSIBLE PA KING SYMBOL SIGN POST DETAIL 1/214 =11 @- 3 1/211 = I I- ui 0 o I � / / �� � - ( EPAJ R DOOR TYP. OF 9 /� ` L I N I / / i �� ; % ��� � / / /�� �� /�/ � LL, ' �,--, ,�,� , /-- 1 � ,I V � IN FEET 1 'inch = 10 ft. SHADE TREES Ke Botanical Name Common Name o Caliper CP PYRUS CALLERYANA CHANTICLEER CHANTICLEER PEAR 3 2 " BO QUERCUS MACROCARPA BUR OAK 4 21' WH CELTIS OCCIDENTALIS WESTERN HACK BERRY 3 2,5* swo QUERCUS BICOLOR SWAMP WHITE OAK 2 2.5* DECIDUOUS SHRUBS Ke Botanical Name Common Name Qt S ze BRB CYTISUS SCOPARIUS 'BURKWOOD' BURKWOOD RED BROWN 14 5 g al. Cws PRUNUS BESSEYL PAWNEE BUTTES CREEPING WESTERN SAND CHERRY 10 5 g al. OSR ROSA X 'MORDEN SUNRISE' ORANGE SHRUB ROSE 11 5 g al, RS PEROVSKIA ARTIPLICIFOLIA, RUSSIAN SAGE 23 3 g al. CM VINCA MINOR CREEPING MYRTLE 20 3 g al. EVERGREEN SHRUBS Ke Botanical Name Common Name Qty S ize WBM PRIUS MUGO WHITE BUD WHITE BUD MUGO PINE 9 5 g al. YJ JUNIPERUS HORIAONTALIS YOUGSTOWN YOUNGSTOWN JUNIPER 11 5 g al. EE EUONYMOUS FORTUNEI EVERGREEN EUONYMOUS 21 5 g al. ORNAMENTAL GRASSES I /A K e Botanical Name Common Name Qt Size Qv SRSG PANICUM VIRGATUM 'SHENANDOAH' SHENANDOAH RED SWITCHGRASS 13 5 g al. GSG MISCANTHUS GIGANTUS GIANT SILVER GRASS 13 5 g al. DFG PENNISETUM ALOPECUROIDES DWARF FOUNTAIN GRASS 12 3 g al. FRG CALAMAGROSTIS ACUTIFLORA FEATHER REED GRASS 3 3 g al. VINES /IN Ke Botanical Name Common Name Qt Size BI VEITCHII BOSTON IVY 34 1 g al., L u g PLANTER SCREEN ELEV. WIJEL�._ A "Mm" 1p I IN -(N)�CONC. CU:I*B AND GUTTER, 6 w A IRAS L :4 P. Pl/ 4 1 0 MEOW TIE INTO (E) �,4HERE EC, 12 BOLT THROUGH #ST TOP MID JITTOM GALV. STEEL SQUARI *ST IN BREAK—AWAY LEEVE E: SITE PLAN FOR URFACE MATERIAL DIA. CONC. OST BASE ACCESSIBLE PA KING SYMBOL SIGN POST DETAIL 1/214 =11 @- 3 1/211 = I I- ui 0 o I � / / �� � - ( EPAJ R DOOR TYP. OF 9 /� ` L I N I / / i �� ; % ��� � / / /�� �� /�/ � LL, ' �,--, ,�,� , /-- 1 � ,I V � IN FEET 1 'inch = 10 ft. RIDGE hpffh"ll lo o" INTERNALLY ILLUMINATED BUSINESS SIGN IN MTL. FRAME SYNTHETIC STONE OVER CMLI BASE a to 3/16" = 1 1-010 3/16" = 1' -o" 3116 = 1' -o" i rid 2' - 8 a r, 60_80 `i, 2' -810 SYNTHETIC STONE OVER 3/16" = 1' -0" 1 (C) ALLRED&ASSOCIATES 2010 / 1 SOUTH ELEVATION l 3/16' = 1' -0" HIGHWAY BUSINESS SIGN 7 ALLRED &ASSOCIATES ARCHITECTURE PLANNING INTERIOR DESIGN 560 BURBANK ST. SUITE 125 BROOMFIELD, COLORADO 80020 PH: 303/ 465.4306 FAX: 303/ 465.4382 www.allredarch.00m Additional Responses: Case No. SUP 10 -03 Performance Wise Automotive 4395 Xenon Street Arvada Fire Protection District: RESPONSE. 1. Fire Protect is provided by Station 2 2. The piping of the ditch will support 85,0001b fire apparatus. 3. The fire department access lane on the West side of the building will be posted on each side, "No Parking Fire Lane" with signs that meet City of Wheat Ridge Standards. 4. The building is a Type ll -8 Construction. It is a 8 and S -1 Occupancy. The total square footage is 7,148 square feet. No Sprinklers are provided. Type 11 -8 Constructions requires a minimum of 1,750 gallons per minute for 2 hour duration per Table 8105.1. The minimum number and distribution of fire Hydrants is (1) per table C305.1. The Hydrant is located several feet to the North of the North East corner of the property line as shown on the Site Plan. 5. Please seethe Attached Letter from Richard Maher —President of Performance Wise Automotive. Slater & Moody Ditch Company RESPONSE: 1. Please see Civil Engineer's response concerning containment of runoff. All standards as required by the City of Wheat Ridge Public Works Department and The State of Colorado Clean Water requirements can and will be met as deemed reasonably possible. This is shown in the enclosed response. Public Works has confirmed that ground water mounding will not result because of this development. Oil and soil cleaned off the repair bay floors will enter a prescribed sand oil filter that will be routinely maintained and removed by approved methods. This oil and soil will not be washed into the storm drain or retention areas. This is in strict conformance with regulated treatment of waste water from an auto repair facility as prescribed by the City of Wheat Ridge Public Works Department. 2. Traffic will not be added to Xenon Proper. Only traffic at the north end of Xenon and 44"' Avenue will access this site. Other than this small access point, there appears to be no reason for traffic generated by this development to drive south on Xenon Street or its tributaries. A no right turn sign has been included at the egress point for this development prohibiting traffic to turn south on Xenon Street from this project. A traffic report from an independent traffic engineer can be supplied if required by the City of Wheat Ridge Traffic Engineer. Valley Water District: RESPONSE: 1. Valley Water District can provide water service subject to regulations 2. Applicant will follow Denver Water operating rules and regulations. The applicant will comply with mandates regarding drought and conservation as imposed by this jurisdiction. 3. Valley Water District has adequate capacity to serve project. 4. No additional water main lines for sprinklers or hydrants are required. S. No easements are required. 6. There is only one building structure 7. Will comply. Xcel Energy: RESPONSE: 1. There are no conflicts with service from Xcel energy. 2. Applicant will comply. 2010 -03 -22 10:26 PERFORMANCE WISE 'larch 22.2010 7208981071>> 303 465 4382 RE: Case No: SUP 10 -03 Ahreo Performance Wise Automonve 4395 Xenon St This is in response to the following information needed for Arvada Fire Protection in -egards to Number 5. I . There will be up to 800 gallons of motor oil on site There will be up to 48 aerosol cans of brake cleaner, spray paint There will be up to 55 gallons of transmission fluid on site 2. All flammable, and aerosols, will be stored in a metal cabinet in the back room 3. Fuel in vehicles will consist of gasoline and diesel 4. General automotive repairs, no tires or windshield replacement will be done on site. ( Tune -ups, brakes, belts, oil changes, engine parts replacement) 5. Welding of exhaust systems will be performed on site. Equipment in use will be a MIG welder and an acetylene /oxygen tank. Sincerely Richard Maher President /o- a3/�LLI� atei v cw -S',-) CA -b . �J � \ �o/t c � 13 �/r c7jt, C� ��el otf 2 ce re y� City of Wheat�idge COMMUNITY DEVELOPMENT Memorandum TO: Adam Tietz, Planner FROM: Ryan Stachelski, Economic Development Specialist DATE: March 12` 2010 SUBJECT: Referral Response to Case No. SUP -10 -03 /Allred The Economic Development (ED) Division supports the approval of a Special Use Permit (SUP) to allow major automotive repairs at 4395 Xenon. The ED Division supports this application for the following reasons: • The proposed improvements to this property will enhance the overall appearance of the area. The proposed project would meet the ASDM and dramatically enhance the current aesthetics of the property. • The improvements will also allow for a higher quality use of the property, which could therefore create a net positive gain in sales tax revenue coming from this property. • This site is a particularly challenging site, due to several ditches within the property. In the past, the only interest the City has seen for this site has been used car lots, a use that would not enhance the look of the area and would not create a positive sale tax stream for the City. • The site is zoned for general commercial purposes, i.e. retail, office, etc. These uses would likely have a much more significant traffic impact on the neighborhood then the proposed development. In order to help service this development the City has a grant program which may be used. The Wheat Ridge Business District (WRBD) grant program offers up to $14,000 in matching funds to commercial businesses in Wheat Ridge in order to improve the appearance of individual buildings, as well as the overall look of the city. Improvements must be to areas visible from the public right -of -way. The goal of this program is to leverage private improvements while making revitalization efforts affordable, creative, and community- based. The applicant may contact the City's Economic Development Department for any further information about these projects. 03/10/10 WED 15:24 FAX 303 424 0828 VALLEY WATER DIS VALLEY WATER DISTRICT 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80033 TELEPHONE 303 - 424.9661 FAX 303- 424 -0828 March 9, 2010 Adam Tietz City of Wheat Ridge 7500 W. 29 Avenue Wheat Ridge, CO 80033 Dear Adam: In reference to Project #SUP -10 -03 /Allred at 4395 Xenon St., Valley Water District has reviewed the inquiry and offers the following comments: I . Valley Water District can provide water service to the proposed project subject to Valley Water District rules and regulations. 2. Valley Water District is supplied water through a distributors contract with the Denver Water Department and must follow Denver Water operating rules and regulations. The District must also follow all Denver Water mandates with regard to drought and conservation that may be imposed. 3. Valley Water District currently has adequate capacity through our Denver Water contract to serve the project. 4. Additional water main lines, fire hydrants or fire sprinkler lines may be needed to meet Arvada Fire Protection District requirements which would be at owner's expense. Design plans wil l need to be submitted to Valley Water and submitted to the Denver Water Department for review. This process normally takes 6 — 8 weeks for approval. 5. If additional water main lines, fire hydrants or fire sprinkler lines are needed, the owner would need to provide any necessary easements. 6. Each separate building structure will require a separate water tap. The owner will be responsible for the cost of the taps, service lines and meter installation. 2001 7. The owner of the property will need to contact Valley Water District at 303 -424- 9661 prior to development of the project to discuss water system design needs. 03/10/10 WED 15:24 FAX 303 424 0828 VALLEY WATER DIS 1a002 If you have any further questions, please feel free to contact myself or Kathy Kadnuck, Office Manager at 303 -424 -9661. Sincerely, ;T Robert Arnold District Manager jo Xcel EnergysM PUBLIC SERVICE COMPANY March 10, 2010 City of Wheat Ridge Community Development 7500 West 29 Avenue Wheat Ridge, CO 80033 Attn: Adam Tietz Re: Allred, #SUP -10 -03 Right of Way & Permits 1123 West 3` Avenue Denver, Colorado 80223 Telephone: 303.571.3326 Facsimile: 303.571.3826 Public Service Company of Colorado (PSCo) has reviewed the plans for Allred and sees no conflict. The developer must contact the Builder's Call Line at 1- 800 -628- 2121 and complete the application process for any new gas or electric service or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details in order to provide gas or electric service to this project. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, Public Service Company of Colorado would like to remind the developer to call the Utility Notification Center, at 1- 800 - 922 -1987, to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3326. Thank you, Teresa Wilson Contract Right of Way Processor Public Service Company of Colorado TO: Adam Tietz, Planner FROM: Patrick Goff, Executive Director RE: SUP -10 -03 /Allred Special Use Permit DATE: March 3, 2010 At the Renewal Wheat Ridge meeting on March 2, 2010, the board made the following finding regarding the above - referenced case: The proposed use is not in conformance with the West 44 Avenue and Ward Road Redevelopment Plan. The Land Use Concept Plan for this area recommends a Small Office /Business Center with residential uses adjacent to the property. The proposed special use permit for the construction of a new 5,342 square foot building to allow major automotive repairs and diesel engine testing is in conflict with this plan. 7500 West 29th Avenue Wheat Ridge, C080033 Phone: 303.235.2805 Fax: 303.235.2805 www.ci.wheatridge.co.us City of Wheat�dge PUBLIC WORKS Memorandum TO: Adam Tietz, Planner I FROM: Dave Brossman, Development Review Engineer ��N DATE: February 26, 2010 SUBJECT: SUP -10 -03 /Allred, 4395 Xenon Street Site Plan and Improvement Survey Plat I have completed the review of the above documents received on February 25, 2010 included with the Special Use Permit request to allow for major automotive repairs at 9500 W. 49` Avenue, and I have the following comments: 1. Due to the proximity of the irrigation ditch to the location of the proposed detention pond and the possibility the ditch company may not allow for discharge into their facility, Public Works would like to see some preliminary drainage data to support the design prior to approval and issuance of the SUP. Please have them submit a Drainage Letter containing the following: a. Data to support that adequate volume has been provided for the proposed pond design. This is to ensure the site won't have to be redesigned subsequent to approval of the SUP (Site Plan) design. b. Where the stormwater released from the pond will flow (release mechanism) to not negatively impact adjoining properties, or provide percolation rates in the area of the proposed pond. This information could alter the geometric shape of the proposed pond, which in turn could also affect the SUP Site Plan design 2. Per a conversation between Brent Allred and me regarding the ditch, PW is researching as to whether or not both pipes lying north of the subject property belong to the irrigation ditch company, or if maybe one of them could be storm sewer. PW will relay our findings to Mr. Allred upon completion of the research. 4395 Xenon SUP_]st review (02- 26- 10).doc City Of `? Wheat�dge POLICE DEPARTMENT Memorandum TO: Adam Tietz, Community Development Case Manager FROM: James Cohen, Crime Prevention Sergeant (/6-� ;�( DATE: February 25, 2010 SUBJECT: Community Development Referral: SUP -10 -03 /Allred Upon review of this Special Use Permit, I noted no crime prevention impact to the Wheat Ridge Police Department. jc Arvada Fire Protection District Division of Fire Prevention March 3, 2010 Mr. Adam Tietz, Case Manager City of Wheat Ridge Community Development 7500 W. 29 Ave. Wheat Ridge, CO 80033 RE: Case No: SUP 10 -03 Allred Performance Wise Automotive 4395 Xenon Street Dear Mr. Tietz, We have reviewed this site plan for conformance with the 2003 International Fire Code and have the following comments. 1. Fire protection is provided to this site by Station 2, 12195 W. 52 Ave and Station 6, 6503 Simms Street. 2. The piping of the ditch will need to be constructed in such a manner to support the imposed loads of 85,000 lb. fire apparatus. 3. The fire department access lane on the north side of the building will need to be posted on each side where possible, "No Parking Fire Lane" with signs that meet City of Wheat Ridge Standards. 4. Please submit information on the proposed construction type from the International Building Code for determination of the minim required fire flow and required number of fire hydrants for fire protection. 5. We need information on the following. 1. Amounts of flammable, combustible, corrosive liquids, aerosols to be stored and used at the site. 2. What type of storage for any flammable, combustible corrosive liquids or aerosols will be provided at the site such as approved storage cabinets, rooms? 3. The type of fuel that is expected to be contained within the vehicles? 4. What type of repairs or modifications will be conducted at the proposed site? The referral form indicates major automotive repairs and diesel engine testing 7903 Allison Way • Arvada, Colorado 80005 • (303) 424 -3012 • Fax (303) 432 -7995 5. Will cutting and welding or hot work be conducted at the proposed site? This information will be of assistance to determine the occupancy classification with the Building Department as noted in Chapter 2, S -1 Motor vehicle repair garages (complying with the International Building Code and containing less than the maximum allowable quantities of hazardous materials). If you have any questions or would need any information, please feel free to contact me at 303 - 424 -3012, extension 2013. Sincerely, Arvada Fire Protection District S1'eve Steigleder Deputy Fire Marshal 2 e 7500 West 29th Avenue / � City of Wheat Ridge, Colorado 80033 �l / `J`I heatR 303.235.2846 Fax: 303.235.2857 / COMMPUNiTy DEVELOPMENT Community Development Referral Form Date: February 25, 2010 Response Due: March 12, 2010 The Wheat Ridge Community Development Department has received a request for approval of a Special Use Permit to allow major automotive repairs at 4395 Xenon Street. for the construction of a new 5,342 square foot building to allow. The property is zoned C -1. There is the presence of at least one ditch across the property. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP -10 -03 /Allred Request: The applicants are proposing a new 5,342 square foot building on the property to allow for major automotive repairs and diesel engine testing at the address indicated above. The property is zoned C -1 which does not allow for major automotive repairs with out a Special Use Permit. There is also the presence of at least one ditch that traverses the property. Please see the attached plans and applicant proposal for the proposed uses. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Adam Tietz Voice: 303.235.2845 Fax: 303.235.2851 Email: atietz @ci.wheatridge.co.us DISTRIBUTION: Valley Water District Fruitdale Sanitation District Arvada Fire District Wheat Ridge Building Division Wheat Ridge Economic Development Colorado Department of Public Health and the Environment Swadley Ditch Xcel Energy Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Urban Renewal Authority Slater & Moody Ditch Bayou Ditch "The Carnation City" IMPROVEMENTSURVEYPLAT 4395 XENON STREET LOCATED IN A PORTION OF THE NW 114, SEC. 20, T.3S., R.69W., 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO 11 J �tlLOW.VViI _ • — 9 '�� / FqP -WIW .1. sur —._ aarsr saio' _� � s 1 N2B 5128 &9 SLN - / CMdYS � AVV M -2SOT RINACAP s Iowa 6'LUNb LrYILN / • � � / , �/ �''�' 1 6 a / .tt y ` y t ti- A / p(dift OF BEgNNIN3 '1 ) ��� 1 /( 4S XENM SHEET CCN7A /NS AS9ACNES 23,273 50. le I / /i —X /��� SET Yfl10W / SETIFLLOW ow /.... �N6Cm / I I I --- - - - - -- . / / I BW[N.V6 I •• L - - -- J I � I, I I II I I I� I� I ' I ` I � '" """_' °= W 44TH AVENUE \ I /31 / SIAWI MX Wv Wi 2083 I i ce ( TARN nLET — — — I II p ICI ICI I F-I I AT wl ICI 0� I I / I 20 10 0 20 40 SCALE: V . 20' I I I I S S! \\\� POIHT Ci CUAMENCENENi NI'ER 1/4 SEC 20 T3S R69W FGUNO 1/4 AC. LS �UMFAW /M WNA�lI INVW >2 pp MVWir2A1B BLOW -UP #1 SCAM 1 -5' LEGAL DESCRIPTION A PORION OF THE NW 1/4, 9ECTCN 20, TONNCHIP 3 SOUTH. RANGE G9 NEST OF n1E SI %M PRINCIPAL NERIVIAN, CITY OF VERT RIDGE, JEFFERSON CWNtt, COLOftPDO, MORE PARncuLARLr oESCRIeED As FDLLOws: CONMENCINC AT THE CENTER OF SAID BECTON; VENCE N51'37'39•W, OWN FEET TO THE PUNT OF BEGINNING: VENCE SOOlO'w'E. 155.00 FEET: THENCE N09'5O'GO'E 129.15 FEET TO THE WEST RIGNT CF -WAY LCIE OF XENON STREET; VENCE NO0'3VWW ALONG SAID WEST LINE, 207.00 FEET; VENCE S57'41'WW, 135.00 FEET TO THE PUNT OF BEGINNING SAID PARCEL AS DESCRIBED CONTAINS 23,273 SQUARE FEET OR %S3 53 ACRES, MORE OR LESS. LEGEND PROJECT ECONOMY ----- M - - - -- EXISTING WATER UNE SMI — EXISTING SANITARY SEWER = EXISTING STORM SEVER �— EMSTINO CAS MAN - -- - - - -- METING CONTWR METING UNDERGROUND ELECTRIC LINE Ift CASTING UNDERGROUND TEIEPHUIE LINE EWNG FENCE — — — MoRN0 EDGE OF ASPHALT _--- _—EXSTING MRS k WATER SURVEYOR'S STATEMENT PR AR UNDER MY PFRNSIUI RE(yy, i. Jp �fAj. JAM T. JONES, E., P.LS DATE COLPA00 NO. 19w5 19606 1 FOR ON BEHAIFCS ` J .N. UNDER __IAIES, INC INOROI/b/fENTSURVB PLAT 4395 XENON STREET JOB NO. 10007 DATE: FEBRUARY 3, 2010 SH / ^ EST I OF ` I JONES ENGINEERING ASS ., INC. _ SIN W. LFNMOtlIv6.4ix 20] R..3 3 Trwr W]�TIXNN Fm 3N)1]5-0010 VICINITY MAP If LIE AW , DMOR UNE G PLANT LIST SITE DATA PRESENT BROAD Ok49RGTON 1 G -I LORD AREA MINI PROI AWES : 9,213 V14O ROSE CREAK SIZE USED MW PROPOSED UaL AW WAR SINP tU51RUOKK1 TPE: V-B P 9IUJW3 AW/COYEA RE : 7.153 SF PENTIUM OF 9IE W.A; FAppSOJ MAND CONDOM : 10,112 SF PEROGNOM OF SITE M.]S ,FNpO£01Ary4WINx (G1[fL'£: N711 SF RRWMTAEE D< SRE MSS PROPOSED POLAND SUM: 1 PROPOSED RUI HNIr : II MMUM BALOING PNb 9F SIOE (N) FSPYAU 5' A P' ` -T S ' ,. ' Y -Y /1' N�FM UCAE 10 iKIPoSm AMOK SAME : UNID z PER REAR MY TS I PRO O rosmRLIWWON I' R i1A. W, - U 490E TREE XM BokNwl Wm Cwman X.m. Oty Gap• GP PHM OLURTAO P4WMEBt CKWAOEEH PEAR 3 f o BO WFRCUS VAKNNAA BJA OM 1 2' AH 01115 OWODTIMS WESTERN HIpftERRY 3 2.5 I OWE SUCCOR STMIP XHAE ON' 2 15' O DEDDUDWS SHRUBS M, SgW.I HOme Cammm Nam OY S. BIB CRSU5 5CWN0U5'BUIDOOOD' E RRI E]O RN MAIN IN 50. O GA ptlMUS BEHI PAMBE BARES (IRELAND WITERX WE Ms. 10 IRS ROSA X 1UORDER RNRSE DIME SNUB ROSE I I 59 RE PERGIMA AITFAU RVA RJSSYA SAN 23 3 ON, W WICA MINOR CAWING MIRDE 20 J 901. GSNOEM SMYUBE A Wy EMPW NP,N Gmmn HmN Dry 5w WEAR AIMS HORD ARM BW WHIT ROD NWO PIK 9 5,L U ANIPERUS HOAWNPR YMEIOAN "UNMOOR JUNIPER II 596 EE EUOTMWS FORUM S BXRWUUUS 21 5 901. ORNWEMM ENA55kS XH BOMNmI SNF N ma u m R D 13 5 9d. Sag SRSHOW ISIMU V5 DRUM 5TTIAIOOMY NAWJOPH M SAITMGAA55 13 DID Pp M MONSOON UIR 0GAY115 CPR 9LY[R AN (R 13 O 'd. AN A NSENN AICTWFAIpS SPUR REED GRASS 12 3 9f. PRG GLNy{AgTg yAiL01u FEMUR REED G/55 J 3 90L MAN ® Kry Oota, l N. Canmm Nome Wy Sn BI mmm SERUM N$ 31 1 BA. NOTES I. CONMACTOR 41AL, FOLLOW ME CITY OF MEAT RIOM. CO DESIGN STANDARDS Me COM MUMON SPEGFICATONS FOR ALL DeALCGMENTS INCLUDING, BUT NOT UMMO. 10, LANDSCAPING, IRRIGATION, STORMWATER DRAINAGE. SIDEWAUCS AND OMM CONCRETE WORK. E. 2. WNARACTOR SMALL. COORDINATE BETWEEN SUBC)NMACTAR(S). UTUTY COMPANIEI CITY REPRESENTATWS, OR ANY OTHER INTERESTED PARTIES. ALL REQUIRED SLEENNG UNDER CONCRETE AREAS PRIOR TO ME MSTA TON OF CONCRETE 3. MULCH ALL PLANT BEDE NM 3 -6' RIVER RM. — �IIEST I/AE N NOT M SCALE 3 SIGN POST DETAIL 12• -ro• LEGAL DESCRIPTION A PORnON OF ME NW 1 /4, SECTION 20, TOWNSHIP 3 EDUM. RANLE 59 WEST OF NNE SIXTH PRINCIPAL MEYROIAN, OTT OF MEAT ROM A FERSW COUNTY. WLMA00. MORE PARTWIMLY DESCRIBED AS FOLLOWS: CONMENONG AT TIE CENTER OF SAID SECTION; MOM N51 883.55 FEET TO THE PONT OF BEGINNIM. MOM SW10'00'E, 155.00 FEET, MOM N89'50'W'E, $29.15 FEET ID ME WEST MGMT -OF -WAY UNE OF ROOM STREET MOM NW'31'W'W ALONG SAD WEST UNE, 107.00 FEET: MOM S17 tM.00 FEET TO ME POINT OF BEGINNING SAID PARCEL AS DESCRIBED CONTAINS 23,273 SQUARE FEET CK 0.53 ACRES, MORE OR LESS. L (NI HOMY WSIRR5 SIOI (EI R ImT F -w UK WN (N) Rw IUICIOSURE RE WADOE (E) PIKE TO RRH KNOW 100 WATT (MAIL) HPS LAMP RECTANGULAR CUTOFF HOUSING, PAINTED MT TEMPERED CLASS LENS 2 PARKING LOT LIGHT STANDARD w•. ra• I, (N) V210B7. (x)uNOSC.wNC o �, 1 WIG. WW OM9 -0f F5 FA / 3 C) RE BJILONO HAIL RF10Sll Re B/ HATE W/ I W PEE 10 RF OF SR N1GIE ON ANDG WIW Gy PRE PNNIW AND 44IHn WAIL B2G(- / 2 112• X 2 1/2' SR- XFlDFD RI (N) FSPYAU GRWNJ ' ,. ' NICE WAfA A ADDS P.UM. UCAE GRAPHIC (SCALE Z UNID V mtE G (N) 1 AMO I' R i1A. ACCESSIBLE NARRDx r RE 3 /Ai RHnm 1NRE a• d P SIGN ELEVATIONS 5 uma, 9 ENr THROW UGHTT Raw. AR UM. AM. / Wr-0iF J•W£ COLAK PMM NI) Y-I• NWSWO I A I TANSP)MEG 1 _. ;L iii, CONMEh �T HIRED @F CORO AM 1 1 / __ L (N) LANPOCAPING PLANTER SCREEN ELEV. 6 I IA•. ra• 100 WATT (MAIL) HPS LAMP RECTANGULAR CUTOFF HOUSING, PAINTED MT TEMPERED CLASS LENS 2 PARKING LOT LIGHT STANDARD w•. ra• I, (N) V210B7. 1 WIG. WW BARE . E / 3 C) Re B/ HATE W/ I W NA CNNVL M5 PRE PP RLY WAIL B2G(- ONLY I GRWNJ ' 2' NHIIE N/ ED I I GRAPHIC (SCALE Z UNID V mtE . I' R i1A. ACCESSIBLE NARRDx RE 3 /Ai qE 3 /AI SIGN ELEVATIONS 5 r.ra• I ENr THROW UGHTT 100 WATT (MAIL) HPS LAMP RECTANGULAR CUTOFF HOUSING, PAINTED MT TEMPERED CLASS LENS 2 PARKING LOT LIGHT STANDARD w•. ra• I, (N) V210B7. 1 WIG. WW Z / 3 C) Re Z WHOM R I NW'$N WAIL ENt � I I CURB pp 1 I I GRAPHIC (SCALE Z q s� 5 CL IN Fm F . I / 1 d I ENr THROW UGHTT W/ PUM / Wr-0iF ` NWSWO A I I M. HE N WW Z 3 C) Z W I X R I NW'$N ENt � I CURB pp I I GRAPHIC (SCALE Z q s� 5 CL IN Fm F 1 inch - LO IL (/U m W O 0 O EE Z p Cc Q B z' 2§ 5 a� 9 W I Let Q 0 `I C s z N 0 a N W O U O W � X c ^ d , r / W a i ll M { ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 4 -13 -2010 SALES REPORT FROM ( 3 -02 -2009) TO ( 3 -31 -2009) PART 1 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** r 4V4 !'ay.-L F �^�Alt5 _2Z -lo �►yt1e5 DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R IN ` COST PROFIT JOB AV 3 -02 -2009 2477.39 43.93 52.41 2599.47 0.00 0.00 0.00 6 990.99 1486.40 412.9 3 -03 - 2009 368.63 5.87 7.00 384.94 0.00 0.00 0.00 2 164.34 204.29 184.3 3 -04 -2009 2745.57 40.59 48.43 2858.38 0.00 0.00 0.00 4 1172.09 1573.48 686.3 3 -05 -2009 1163.70 21.63 25.82 1223.83 0.00 0.00 0.00 4 592.80 570.90 290.9 3 -06 -2009 1785.69 31.05 37.00 1871.95 0.00 0.00 0.00 6 598.52 1187.17 297.6 3 -09 -2009 2304.79 21.62 25.80 2364.69 0.00 0.00 0.00 5 547.94 1756.85 460.9 3 -10 -2009 2486.74 41.63 49.64 2602.42 97.06 0.00 0.00 6 799.51 1687.23 414.4 3 -11 -2009 2719.97 35.90 42.84 2819.76 0.00 0.00 0.00 4 740.04 1979.93 679.9 3 -12 -2009 1072.78 17.95 21.42 1122.68 0.00 0.00 0.00 5 335.54 737.24 214.5 3 -13 -2009 3938.22 51.53 61.45 4081.41 0.00 0.00 0.00 7 966.52 2971.70 562.6 3 -16 -2009 597.48 13.88 16.56 636.05 0.00 0.00 0.00 6 359.78 237.70 99.5 3 -17 -2009 2586.28 42.69 50.94 2704.93 1579.17 0.00 0.00 6 890.61 1695.67 431.0 3 -18 -2009 1131.17 11.88 14.15 1164.18 0.00 0.00 0.00 4 463.83 667.34 282.7 3 -19 -2009 4133.75 14.82 17.66 4174.90 0.00 0.00 0.00 5 606.93 3526.82 826.7 3 -20 -2009 3831.27 53.71 64.10 3980.57 0.00 0.00 0.00 5 1104.11 2727.16 766.2 3 -23 -2009 4138.97 70.11 83.60 4333.77 1412.58 322.34 0.00 12 1597.91 2541.06 344.9 3 -24 -2009 957.51 11.98 14.25 990.75 0.00 0.00 0.00 6 231.00 726.51 159.5 3 -25 -2009 630.59 6.52 7.78 648.70 225.28 0.00 0.00 5 140.24 490.35 126.1 3 -26 -2009 379.41 8.11 9.69 401.98 0.00 0.00 0.00 2 269.34 110.07 189.7 3 -27 -2009 555.95 8.07 9.63 578.39 0.00 1579.17 0.00 5 161.10 374.85 111.1 3 -30 -2009 679.78 6.60 7.85 698.09 0.00 0.00 0.00 4 479.17 200.61 169.9 3 - 31 -2009 4032.76 56.53 67.41 4189.84 0.00 0.00 0.00 7 1145.90 2886.86 576.1 --------------- 44718.40 616.60 -------------- 735.43 _ _ 46431.88 _______________________ 3314.09 1901.51 ____ ___________________ 0.00 116 ________ 14378.21 ____ _____________ 30340.19 385.5 r 4V4 !'ay.-L F �^�Alt5 _2Z -lo 4 -13 -2010 SALES REPORT FROM ( 4 -01 -2009) TO ( 4 -30 -2009) PART 1 DATE ------------------------------------------------------------------ 317.74 1637.86 NET TAXI TAX2 TAX3 TOTAL - - - CHARGE - -- - --- -------------------------- A/R INV COST PROFIT JOB AV 4 -01 -2009 219.43 4.67 5.56 232.39 0.00 0.00 0.00 3 59.75 159.68 73.1 4 -02 -2009 229.82 3.49 4.16 239.53 0.00 0.00 0.00 2 97.25 132.57 114.9 4 -03 -2009 2383.58 29.95 35.75 2466.85 0.00 0.00 0.00 4 518.45 1865.13 595.9 4 -06 -2009 164.71 3.41 4.07 174.19 0.00 0.00 0.00 1 49.77 114.94 164.7 4 -07 -2009 667.21 6.45 7.68 685.12 0.00 0.00 0.00 4 249.22 417.99 166.8 4 -08 -2009 301.09 5.01 5.97 315.00 0.00 0.00 0.00 2 91.60 209.49 150.5 4 -09 -2009 499.79 7.51 8.97 520.68 0.00 0.00 0.00 2 145.68 354.11 249.9 4 -10 -2009 5455.29 115.37 137.60 5775.87 0.00 0.00 0.00 5 2306.90 3148.39 1091.0 4 -13 -2009 361.11 3.41 4.08 370.60 0.00 0.00 0.00 3 55.40 305.71 120.3 4 -14 -2009 518.33 3.77 4.50 528.81 0.00 0.00 0.00 3 155.48 362.85 172.7 4 -15 -2009 1626.85 26.45 31.55 1700.35 0.00 0.00 0.00 4 547.01 1079.84 406.7 ! 4 -16 -2009 294.35 1.71 2.06 299.13 0.00 0.00 0.00 2 21.43 272.92 147.1 4 -17 -2009 1436.23 16.77 20.01 1482.83 0.00 0.00 0.00 4 326.04 1110.19 359.0 i 4 -20 -2009 69.00 1.71 2.04 73.76 0.00 1637.86 0.00 3 169.08 - 100.08 23.0 I 4 -21 -2009 2715.97 32.92 39.27 2807.47 0.00 0.00 0.00 3 772.26 1943.71 905.3 4 -22 -2009 1310.11 14.11 16.79 1349.29 0.00 0.00 0.00 7 483.88 826.23 187.1 4 -23 -2009 769.44 13.67 16.30 807.41 0.00 0.00 0.00 4 265.33 504.11 192.3', 4 -24 -2009 5673.75 127.29 151.86 6027.50 317.74 0.00 0.00 7 2819.69 2854.06 810.5 4 -27 -2009 2159.38 29.68 35.34 2241.81 0.00 0.00 0.00 7 586.51 1572.87 308.4 4 -28 -2009 1654.42 10.54 12.59 1683.73 0.00 0.00 0.00 6 404.14 1250.28 275.7 4 -29 -2009 1348.98 14.08 16.78 1388.09 0.00 0.00 0.00 3 315.14 1033.84 449.6 4 -30 -2009 2485.07 42.91 51.20 2604.32 0.00 0.00 0.00 5 1105.56 1379.51 497.0 32343.91 514.88 614.13 `33774.73 317.74 1637.86 0.00 84 11545.57 20798.34 385.0 4 -13 -2010 SALES REPORT FROM ( 5 -01 -2009) TO ( 5 -29 -2009) PART 1 DATE NET TAX1 TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 5 -01 -2009 56.19 1.27 1.51 59.71 0.00 0.00 0.00 2 60.28 -4.09 28.1 5 -04 -2009 373.76 5.96 7.10 390.32 0.00 0.00 0.00 2 132.42 241.34 186.8 5 -05 -2009 2226.76 34.26 40.89 2322.00 0.00 0.00 0.00 6 601.61 1625.15 371.1 5 -06 -2009 765.94 10.14 12.08 794.12 0.00 0.00 0.00 6 797.92 -31.98 127.6 5 -07 -2009 2299.01 39.81 47.53 2409.71 0.00 0.00 0.00 7 709.61 1589.40 328.4 5 -08 -2009 2426.47 42.23 50.38 2543.83 0.00 0.00 0.00 4 795.65 1630.82 606.6 5 -11 -2009 1029.60 15.68 18.69 1073.16 0.00 0.00 0.00 5 291.80 737.80 205.9 5 -12 -2009 755.33 9.46 11.26 782.12 522.06 0.00 0.00 3 135.44 619.89 251.7 5 -13 -2009 1180.37 24.66 29.41 1248.91 0.00 0.00 0.00 4 490.67 689.70 295.0 5 -14 -2009 848.74 7.36 8.77 869.17 0.00 0.00 0.00 6 264.06 584.68 141.4 5 -15 -2009 1071.40 16.41 19.55 1116.98 0.00 0.00 0.00 6 400.86 670.54 178.5 5 -18 -2009 226.10 4.18 4.99 237.73 0.00 0.00 0.00 2 84.55 141.55 113.0 5 -19 -2009 1915.12 27.58 32.91 1991.79 0.00 0.00 0.00 5 473.18 1441.94 383.0 5 -20 -2009 1531.51 23.45 27.96 1596.69 0.00 0.00 0.00 7 401.04 1130.47 218.7 5 -21 -2009 3524.52 63.05 75.22 3699.73 0.00 0.00 0.00 4 1225.37 2299.15 881.1 5 -22 -2009 2555.29 34.83 41.57 2652.13 0.00 0.00 0.00 8 679.74 1875.55 319.4 5 -26 -2009 1991.25 43.57 51.97 2112.33 0.00 0.00 0.00 5 890.11 1101.14 398.2 5 -27 -2009 504.50 8.07 9.63 526.93 0.00 0.00 0.00 3 125.45 379.05 168.1 5 -28 -2009 59.91 1.02 1.21 62.74 0.00 317.74 0.00 3 67.42 -7.51 19.9 5 -29 -2009 7506.12 85.57 101.96 7743.80 0.00 522.06 0.00 9 2459.64 5046.48 834.0 32847.89 498.56 594.61 34233.90 522.06 839.80 0.00 97 11086.82 21761.07 338.6 • r e/W /�,br"-0` -7 4 -13 -2010 SALES REPORT FROM ( 6 -01 -2009) TO ( 6 -30 -2009) PART 1 DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 6 -01 -2009 2003.69 30.18 36.04 2087.62 0.00 0.00 0.00 5 657.00 1346.69 400.7 6 -01 -2009 43.55 1.26 1.51 47.06 0.00 0.00 0.00 1 32.50 11.05 43.5 6 -02 -2009 3838.08 58.97 70.35 4001.96 0.00 0.00 0.00 5 1066.37 2771.71 767.6 6 -03 -2009 2016.15 36.65 43.73 2118.01 0.00 0.00 0.00 6 836.56 1179.59 336.0 6 -09 -2009 1892.65 33.01 39.38 1939.92 0.00 0.00 0.00 5 569.85 1277.60 368.5 , 6 -05 -2009 3307.29 51.17 61.00 3449.44 0.00 0.00 0.00 10 959.17 2348.12 330.7 6 -06 -2009 1849.23 36.55 43.60 1950.81 0.00 0.00 0.00 5 738.70 1110.53 369.8 6 -09 -2009 2578.48 42.62 50.83 2696.94 182.29 0.00 0.00 9 880.81 1697.67 286.5 6 -10 -2009 1844.36 32.40 38.62 1939.38 0.00 0.00 0.00 9 626.85 1217.51 209.9 i 6 - 11 -2009 1379.78 19.79 23.56 1929.69 522.89 0.00 0.00 5 916.57 958.21 279.9 � 6 -12 -2009 1335.87 14.93 17.82 1377.37 0.00 0.00 0.00 8 572.69 763.18 166.9 6 -15 -2009 1581.31 10.06 11.96 1609.22 0.00 0.00 0.00 6 460.20 1121.11 263.5 i 6 - 16 -2009 1152.57 21.05 25.12 1211.07 0.00 0.00 0.00 5 598.19 554.38 230.5 6 -17 -2009 1344.66 14.90 17.74 1385.99 194.12 0.00 0.00 9 390.67 953.99 199.9 r 6 -18 -2009 1207.70 26.22 31.30 1280.59 0.00 705.13 0.00 3 599.20 663.50 402.5 6 -19 -2009 718.61 5.46 6.51 733.98 0.00 0.00 0.00 3 192.27 526.54 239.6 6 - 22 -2009 5805.69 107.28 127.98 6103.85 0.00 0.00 0.00 5 2635.53 3170.16 1161.1 6 -23 -2009 2869.55 49.49 59.06 3007.11 0.00 0.00 0.00 B 927.71 1941.84 358.6 6 - 29 - 2009 576.42 10.07 12.01 604.41 0.00 0.00 0.00 7 148.72 427.70 82.3 6 -24 -2009 532.94 7.41 8.83 553.52 0.00 0.00 0.00 1 117.12 915.82 532.9 6 -25 -2009 2397.90 36.35 43.33 2498.86 0.00 0.00 0.00 11 710.05 1687.85 217.9 ; 6 -26 -2009 2951:97 96.35 57.65 3085.77 0.00 0.00 0.00 6 990.06 1961.41 491.9 6 -29 -2009 1790.08 32.25 38.46 1879.70 0.00 0.00 0.00 7 1069.21 720.87 255.7 6 -30 -2009 1200.38 23.67 28.21 1266.12 0.00 0.00 0.00 4 416.76 763.62 300.1 46163.61 750.04 894.60 48247.84 899.25 705.13 0.00 143 16552.76 29610.85 322.8 4 -13 -2010 SALES REPORT FROM ( 7 -01 -2009) TO ( 7 -30 -2009) PART 1 DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 7 -01 -2009 5004.15 112.65 134.39 5317.19 0.00 0.00 0.00 9 2532.59 2471.56 556.0 7 -02 -2009 259.39 3.76 4.50 269.86 0.00 0.00 0.00 4 429.20 - 169.81 64.8 7 -03 -2009 3351.34 57.58 68.67 3511.35 0.00 0.00 0.00 4 1364.56 1986.78 837.8 7 -06 -2009 1616.13 22.71 27.04 1679.20 0.00 0.00 0.00 10 522.75 1093.38 161.6 7 -07 -2009 593.59 9.15 10.91 619.00 0.00 0.00 0.00 5 199.14 499.95 118.7 7 -08 -2009 790.38 10.95 13.07 820.83 0.00 0.00 0.00 3 168.82 621.56 263.4 7 -09 -2009 3827.49 45.26 53.96 3953.24 0.00 0.00 0.00 7 900.38 2927.11 546.7 7 -10 -2009 3255.92 53.85 64.25 3405.61 36.73 0.00 0.00 13 1078.58 2177.39 250.4 7 -13 -2009 2065.73 44.35 52.92 2188.98 0.00 0.00 0.00 5 901.24 1164.49 413.1 7 -14 -2009 1677.15 33.20 39.61 1769.42 0.00 0.00 0.00 5 703.97 973.18 335.4 7 -15 -2009 1621.69 23.27 27.80 1686.38 0.00 0.00 0.00 7 505.64 1116.05 231.6 7 -16 -2009 86.15 2.06 2.45 91.86 0.00 0.00 0.00 1 46.55 39.60 86.1 7 -17 -2009 3190.64 46.30 55.25 3319.34 0.00 0.00 0.00 7 850.25 2340.39 455.8 7 -20 -2009 3205.93 63.72 75.99 3383.00 0.00 194.12 0.00 11 1278.91 1927.02 291.4 7 -21 -2009 2429.21 15.62 18.62 2472.61 0.00 0.00 0.00 3 950.67 1478.54 809.7 7 -22 -2009 1970.13 32.62 36.92 2060.79 0.00 0.00 0.00 5 544.81 1425.32 394.0 7 -23 -2009 4059.12 63.25 75.42 4234.88 0.00 0.00 0.00 10 1903.27 2155.85 405.9 7 -24 -2009 4829.08 88.51 105.59 5075.03 0.00 0.00 0.00 3 1863.35 2965.73 1609.6 7 -27 -2009 2823.73 25.90 30.88 2895.68 0.00 0..00 0.00 2 830.89 1992.84 1411.8 7 -28 -2009 797.83 9.41 11.22 823.99 0.00 0.00 0.00 4 146.88 650.95 199.4 7 -29 -2009 3004.14 45.66 54.46 3131.52 0.00 0.00 0.00 11 1225.73 1778.41 273.1 7 -30 -2009 2590.10 34.46 41.13 2685.89 0.00 0.00 0.00 5 729.15 1860.95 518.0 53049.02 844.24 1007.05 55395.65 36.73 194.12 0.00 134 19627.33 33421.69 395.8 4 -13 -2010 SALES REPORT FROM ( 8 -02 -2009) TO ( 8 -28 -2009) PART 1 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT SOB AV 8 -02 -2009 1042.25 19.31 _ _ _ 23.01 _ 1095.88 0.00 0.00 0.00 5 390.75 651.50 208.4 8 -03 -2009 935.36 17.76 21.19 984.73 0.00 0.00 0.00 5 387.62 547.74 187.0 8 -04 -2009 3807.61 57.50 68.57 3967.39 0.00 0.00 0.00 7 1049.78 2757.83 543.9 8 -05 -2009 3104.30 54.54 65.07 3255.85 0.00 0.00 0.00 7 1083.98 2020.32 443.4 8 -06 -2009 1658.35 30.50 36.37 1743.10 0.00 0.00 0.00 4 1456.94 201.41 414.5 8 -07 - 2009 4563.45 60.03 71.63 4730.30 0.00 0.00 0.00 6 1281.92 3281.53 760.5 8 -10 -2009 548.28 8.80 10.46 572.72 0.00 0.00 0.00 4 160.19 388.09 137.0 8 -11 -2009 1886.08 32.41 38.65 1976.12 0.00 0.00 0.00 5 615.64 1270.44 377.2 8 -12 -2009 2457.81 45.67 54.48 2584.72 0.00 0.00 0.00 6 815.72 1642.09 409.6 8 -13 -2009 1281.05 23.96 28.59 1347.61 335.98 0.00 0.00 5 438.68 842.37 256.2 8 -14 -2009 6290.75 110.65 131.98 6598.23 1460.81 1460.81 0.00 10 2128.55 4162.20 629.0 8 -17 -2009 1148.24 14.22 16.97 1187.77 0.00 0.00 0.00 3 261.26 886.98 382.7 8 -18 -2009 2151.79 15.61 18.58 2195.13 0.00 0.00 0.00 9 336.10 1815.69 239.0 8 -19 -2009 103.12 2.13 2.52 109.02 0.00 0.00 0.00 2 35.54 67.58 51.5 8 -20 -2009 3598.30 76.78 91.60 3811.69 0.00 36.73 0.00 7 1738.08 1860.22 514.0 8 -21 -2009 7133.78 119.49 142.53 7465.83 0.00 0.00 0.00 6 2408.19 4725.59 1188.9 8 -24 -2009 3599.48 61.60 73.51 3770.69 0.00 335.98 0.00 8 2436.51 1162.97 449.9 8 -25 -2009 2994.26 55.08 65.66 3147.27 0.00 0.00 0.00 6 1228.08 1766.18 499.0 8 -26 -2009 13332.14 207.67 247.78 13909.33 0.00 0.00 0.00 8 4684.93 8647.21 1666.5 8 -27 -2009 1570.39 5.83 6.96 1586.61 0.00 0.00 0.00 4 346.27 1224.12 392.6 8 -28 -2009 1426.18 16.38 19.53 1471.70 0.00 0.00 0.00 4 336.81 1089.37 356.5 64632.97 ___ ___ _______________________ 1035.92 1235.66 67511.69 ________ 1796.79 1833.52 0.00 121 23621.54 41011.43 534.1 4 -13 -2010 SALES REPORT FROM ( 9 -02 -2009) TO ( 9 -29 -2009) PART 1 DATE NET TAX TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 9 -02 - 2009 531.56 9.25 11.03 557.26 0.00 0.00 0.00 3 183.30 348.26 177.1 9 -03 -2009 1383.31 23.28 27.78 1448.02 0.00 0.00 0.00 2 416.26 967.05 691.6 9 -04 -2009 4687.09 67.60 80.62 4874.91 0.00 0.00 0.00 7 1349.16 3337.93 669.5 9 -08 -2009 850.77 17.32 20.63 898.85 0.00 0.00 0.00 9 798.43 52.34 94.5 9 -09 -2009 222.21 3.19 3.81 231.09 0.00 0.00 0.00 2 66.62 155.59 111.1 9 -10 -2009 2248.54 31.90 38.05 2337.16 0.00 0.00 0.00 7 663.99 1584.55 321.2 9 -11 -2009 215.15 2.57 3.04 222.27 0.00 0.00 0.00 5 280.61 -65.46 43.0 9 -14 -2009 6325.27 66.58 79.40 6510.30 315.47 0.00 0.00 7 1841.01 4464.26 903.6 9 -15 -2009 1385.04 28.31 33.77 1463.72 0.00 0.00 0.00 4 584.19 800.85 346.2 9 -16 -2009 1495.86 8.92 10.66 1520.66 0.00 0.00 0.00 2 271.36 1224.50 747.9 9 -17 -2009 5192.70 78.33 93.46 5410.44 0.00 0.00 0.00 8 1703.54 3489.16 649.0 9 -18 -2009 2825.39 48.23 57.57 2959.49 0.00 0.00 0.00 8 909.90 1915.49 353.1 9 -21 -2009 1433.65 31.39 37.44 1520.86 0.00 0.00 0.00 9 964.11 469.54 159.2 9 -22 -2009 865.46 10.04 11.98 893.37. 0.00 0.00 0.00 5 174.98 690.48 173.0 9 -23 -2009 2814.41 47.46 56.61 2946.30 0.00 0.00 0.00 3 943.62 1870.79 938.1 9 -24 -2009 1915.00 20.49 24.43 1971.93 0.00 0.00 0.00 3 787.38 1127.62 638.3 9 -25 -2009 724.89 13.29 15.87 761.84 0.00 0.00 0.00 4 282.62 442.27 181.2 9 -28 -2009 1298.82 10.14 12.09 1326.99 0.00 0.00 0.00 6 247.81 1051.01 216.4 9 -29 -2009 2199.93 37.59 44.82 2304.36 97.06 0.00 0.00 10 657.36 1542.57 219.9 38615.05 _____ 555.88 ___ 663.06 40159.82 412.53 _ 0.00 0.00 104 13126.25 25488.80 371.3 4 -13 -2010 SALES REPORT FROM ( 10 -01 -2009) TO (10 -30 -2009) PART 1 DATE NET -------------- TAXI TAX2 TAX3 __________ TOTAL CHARGE A/R INV COST PROFIT SOB AV 10 -01 -2009 4088.41 58.45 _ _____ 69.75 4250.83 0.00 0.00 0.00 10 1225.44 2862.97 408.8 10 -02 -2009 4531.77 70.28 75.54 4721.77 0.00 0.00 0.00 12 1277.62 3254.15 377.6 10 -05 -2009 441.44 4.88 5.79 454.99 0.00 0.00 0.00 5 98.46 342.98 88.2 10 -06 -2009 1300.21 15.90 18.95 1344.36 212.25 0.00 0.00 8 360.11 940.10 162.5 10 -07 -2009 1995.26 33.31 39.74 2087.85 0.00 0.00 0.00 7 707.08 1288.18 285.0 10 -08 -2009 1047.76 12.86 15.34 1083.53 0.00 0.00 0.00 5 223.53 824.23 209.5 10 -09 -2009 4955.42 94.59 112.86 5218.34 0.00 0.00 0.00 7 1855.65 3099.77 707.9 10 -12 -2009 1629.18 21.58 25.75 1689.17 0.00 0.00 0.00 7 3644.34 - 2015.16 232.7 10 -13 -2009 226.10 3.82 4.57 236.73 0.00 0.00 0.00 1 63.89 162.21 226.1 10 -14 -2009 6344.80 116.07 138.48 6667.40 0.00 0.00 0.00 8 2255.16 4089.64 793.1 10 -15 -2009 1005.30 23.53 28.06 1070.69 0.00 0.00 0.00 3 560.59 444.71 335.1 10 -16 -2009 4537.07 37.38 44.59 4640.96 0.00 0.00 0.00 7 1122.71 3414.36 648.1 10 -19 -2009 2317.75 25.74 30.71 2389.29 0.00 315.47 0.00 5 443.79 1873.96 463.5 10 -20 -2009 4932.68 99.15 118.26 5208.20 0.00 0.00 0.00 5 2014.82 2917.86 986.5 10 -21 -2009 558.41 6.59 7.86 576.72 0.00 309.31 0.00 4 119.52 438.89 139.6 10 -22 -2009 5530.37 118.01 140.78 5858.33 0.00 0.00 0.00 9 2556.74 2973.63 614.4 10 -23 -2009 3054.16 47.91 57.13 3187.28 0.00 0.00 0.00 9 892.91 2161.25 339.3 10 -26 -2009 475.88 6.93 8.26 495.14 0.00 0.00 0.00 5 128.90 346.98 95.1 10 -27 -2009 3265.88 55.54 66.24 3420.24 0.00 0.00 0.00 8 1290.26 1975.62 408.2 10 -29 -2009 1969.39 21.52 25.66 2029.17 0.00 0.00 0.00 5 614.53 1354.86 393.8 10 -29 -2009 5047.20 102.16 121.89 5331.14 0.00 0.00 0.00 6 2558.95 2488.25 841.2 10 -30 -2009 2718.21 34.39 41.03 2813.79 0.00 0.00 0.00 6 598.25 2119.96 453.0 _______________________ 61972.65 1010.59 1197.24 ___________________ 64775.92 212.25 _______________ 624.78 0.00 142 24613.25 37359.40 436.4 * �******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 4 -13 -2010 SALES REPORT FROM ( 11 -02 -2009) TO (11 -30 -2009) PART 1 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 11 -02 -2009 2403.44 43.44 51.83 2524.17 0.00 0.00 0.00 5 819.47 1583.97 480.6 11 -03 -2009 374.68 7.08 8.44 394.34 0.00 0.00 0.00 5 256.12 118.56 74.9 11 -04 -2009 4315.11 87.20 104.03 4557.45 0.00 0.00 0.00 6 1757.49 2557.62 719.1 11 -05 -2009 1308.64 25.31 30.21 1379.01 0.00 0.00 0.00 7 490.35 818.29 186.9 11 -06 -2009 223.80 2.98 3.54 232.06 94.00 0.00 0.00 3 58.48 165.32 74.6 11 -09 -2009 1589.61 9.52 11.38 1616.11 0.00 0.00 0.00 4 273.89 1315.72 397.4 11 -10 -2009 1564.96 22.53 26.89 1627.59 0.00 0.00 0.00 4 619.28 945.68 391.2 11 -11 -2009 1667.67 17.26 20.56 1715.60 0.00 0.00 0.00 4 307.07 1360.60 416.9 11 -12 -2009 1179.20 8.49 10.12 1202.77 0.00 0.00 0.00 1 145.54 1033.66 1179.2 11 -13 -2009 5172.01 70.50 84.09 5367.91 0.00 0.00 0.00 6 1887.20 3284.81 862.0 11 -16 -2009 1961.63 31.21 37.23 2048.37 0.00 0.00 0.00 4 539.66 1421.97 490.4 11 -17 -2009 1408.04 17.32 20.62 1456.12 0.00 0.00 0.00 8 1220.22 187.82 176.0 11 -18 -2009 3948.27 72.65 86.69 4150.23 0.00 0.00 0.00 10 1391.95 2556.32 394.8 11 -19 -2009 8015.82 31.85 38.03 8104.39 0.00 0.00 0.00 6 1641.44 6374.38 1335.9 11 -20 -2009 2150.08 32.77 39.06 2241.12 0.00 0.00 0.00 8 746.51 1403.57 268.7 11 -23 -2009 2895.34 50.65 60.41 3036.10 0.00 94.00 0.00 7 958.46 1936.88 413.6 11 -24 -2009 699.30 12.06 14.37 732.80 0.00 0.00 0.00 4 231.84 467.46 174.8 11 -25 -2009 5934.65 83.60 99.73 6166.97 2298.90 2253.51 0.00 10 1832.74 4101.91 593.4 11 -30 -2009 1079.15 15.46 18.42 1122.09 0.00 0.00 0.00 4 121.91 957.24 269.7 47891.40 641.88 765.65 49675.20 2392.90 2347.51 0.00 106 15299.62 32591.78 451.8 4 -13 -2010 SALES REPORT FROM (12 -01 -2009) TO (12 -31 -2009) PART 1 DATE NET TAX1 TAX2 TAX3 TOTAL CHARGE _ ______- A/R _- ___ INV -___ - COST - - -- _ PROFIT JOB AV j 12 -01 -2009 2961.67 43.38 51.71 3062.39 0.00 0.00 0.00 10 879.69 2082.18 296.1 12 -02 - 2009 1310.80 20.08 23.94 1366.57 0.00 0.00 0.00 3 405.38 905.42 436.9 12 -03 -2009 159.00 2.96 3.53 167.22 0.00 0.00 0.00 2 59.99 99.01 79.5 12 -04 -2009 3433.50 46.01 54.89 3561.34 0.00 0.00 0.00 9 819.85 2613.65 381.5 12 -07 -2009 835.67 16.20 19.30 880.67 0.00 0.00 0.00 6 255.75 579.92 139.2 12 -08 - 2009 4382.94 87.37 104.25 4625.77 0.00 0.00 0.00 8 2615.27 1767.67 547.8 12 -08 -2009 598.63 8.74 10.42 622.91 0.00 0.00 0.00 1 162.92 435.71 598.6 12 -09 -2009 1094.23 20.25 24.19 1150.55 0.00 0.00 0.00 2 342.51 751.72 547.1 12 -10 -2009 2165.33 40.92 48.81 2279.04 0.00 0.00 0.00 5 920.41 1244.92 433.0 12 -11 -2009 4341.22 65.48 78.12 4523.22 0.00 0.00 0.00 11 1286.66 3054.56 394.6 i 12 -14 -2009 812.38 17.58 20.98 861.23 0.00 0.00 0.00 5 357.14 455.24 162.4 12 -15 -2009 3865.20 79.96 89.90 9073.99 0.00 0.00 0.00 5 1390.09 2975.11 773.0 12 -16 -2009 697.20 9.43 11.25 723.42 0.00 0.00 0.00 5 146.81 550.39 139.4 j 12 -17 -2009 4485.76 83.00 99.06 4716.49 354.47 0.00 0.00 11 1940.86 2544.92 407.8 12 -18 -2009 1411.76 21.43 25.55 1471.29 0.00 0.00 0.00 4 340.53 1071.23 352.9 12 -21 -2009 1212.13 20.00 23.85 1267.68 0.00 0.00 0.00 5 376.92 835.21 242.4 12 -22 -2009 1058.18 12.67 15.09 1093.34 0.00 0.00 0.00 5 205.46 852.72 211.6 12 -23 -2009 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.0 12 -24 72009 4302.78 55.70 66.47 4457.61 0.00 0.00 0.00 7 1147.69 3155.09 614.6 12 -28 -2009 530.65 11.51 13.73 562.64 0.00 0.00 0.00 2 201.59 329.06 265.3 12 -29 -2009 6205.14 58.92 70.28 6368.88 0.00 0.00 0.00 9 2939.74 3265.40 689.4 12 -30 -2009 8583.80 149.94 178.88 9000.51 101.83 0.00 0.00 10 3333.38 5250.42 858.3 12 -31 -2009 13266.87 119.54 142.63 13599.13 0.00 0.00 0.00 8 2365.59 10901.28 1658.3 i 67715.06 986.07 1176.33 70455.39 456.30 0.00 0.00 133 22494.23 45220.83 509.1 6 LrA �� -ems l� A- J 4 -13 -2010 SALES REPORT FROM ( 1 -04 -2010) TO ( 1 -29 -2010) PART 1 DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 1 -04 -2010 1649.92 20.87 24.88 1707.89 0.00 0.00 0.00 5 373.33 1276.59 329.9 1 -05 -2010 615.96 12.41 14.79 650.42 0.00 101.83 0.00 7 172.21 443.75 87.9 1 -06 -2010 2109.48 24.13 28.75 2176.49 0.00 0.00 0.00 5 441.33 1666.15 421.9 1 -07 -2010 1362.47 16.86 20.11 1409.33 0.00 0.00 0.00 5 319.62 1042.65 272.4 1 -08 -2010 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.0 1 -11 -2010 155.55 3.18 3.76 164.35 0.00 0.00 0.00 2 54.74 100.81 77.7 1 -12 -2010 7843.70 123.75 147.66 6187.67 0.00 0.00 0.00 6 2278.47 5565.23 1307.2 1 -13 -2010 1617.19 21.39 25.50 1676.61 0.00 0.00 0.00 6 459.88 1157.31 269.5 1 -14 -2010 7490.40 151.42 180.64 7911.23 0.00 0.00 0.00 6 2766.55 4723.85 1248.4 1 -15 -2010 942.60 15.31 18.29 985.16 0.00 0.00 0.00 5 287.94 654.66 188.5 1 -18 -2010 4131.34 72.70 86.73 4333.39 0.00 0.00 0.00 5 1418.30 2713.04 826.2 1 -19 -2010 2341.70 34.55 41.23 2437.75 0.00 0.00 0.00 3 631.15 1710.55 780.5 1 -20 -2010 1141.79 12.76 15.23 1177.25 0.00 0.00 0.00 4 237.83 903.96 285.4 1 -21 -2010 2209.67 56.11 66.91 2365.59 0.00 354.47 0.00 5 1333.72 875.95 441.9 1 -22 -2010 3884.66 62.15 74.14 4057.60 1502.74 0.00 0.00 12 1064.42 2820.44 323.7 1 -25 -2010 425.17 7.10 8.44 444.86 0.00 0.00 0.00 5 134.12 291.05 85.0 1 -26 -2010 891.24 15.16 18.06 933.35 0.00 255.55 0.00 3 322.67 568.57 297.0 1 -27 -2010 115.56 2.50 2.96 122.48 0.00 0.00 0.00 4 456.16 - 340.60 28.8 1 -28 -2010 1321.44 27.07 32.28 1396.66 97.06 0.00 0.00 3 544.06 777.38 440.4 1 -29 -2010 430.76 9.32 11.11 456.66 0.00 0.00 0.00 3 165.58 265.16 143.5 1 -29 -2010 4384.86 57.56 68.69 4544.88 0.00 0.00 0.00 1 1217.22 3167.66 4384.8 _ ___ _______ ___________ _ 45065.68 _____ 746.30 _____ 890.16 _______ ________ 47139.64 1599.80 _______________________________ 711.85 0.00 95 14679.50 30386.16 474.3 4 -13 -2010 SALES REPORT FROM ( 2 -01 -2010) TO ( 2 -26 -2010) PART 1 DATE NET TAXI TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 2 -01 -2010 1199.72 16.44 19.59 1245.38 0.00 0.00 0.00 6 279.30 920.42 199.9 �. 2 -02 -2010 2824.09 44.28 52.87 2947.23 0.00 0.00 0.00 4 963.00 1861.09 706.0 2 -03 -2010 2918.75 45.04 53.73 3043.93 0.00 0.00 0.00 5 844.83 2073.92 583.7 2 -04 -2010 7184.92 131.13 156.44 7549.34 0.00 0.00 0.00 8 2721.25 4463.67 898.1 2 -05 -2010 1692.86 23.80 28.36 1758.96 0.00 0.00 0.00 8 424.81 1268.05 211.6 2 -08 -2010 837.15 12.12 14.46 870.83 0.00 0.00 0.00 2 203.00 634.15 918.5 2 -09 -2010 2164.86 33.79 40.29 2258.73 0.00 0.00 0.00 5 569.96 1579.90 932.9 2 -10 -2010 791.47 15.35 18.32 834.13 0.00 0.00 0.00 2 324.10 467.37 395.7 2 -11 -2010 4082.87 59.28 70.74 4247.62 1215.19 1215.19 0.00 6 1056.66 3026.21 680.4 2 -12 -2010 1364.02 14.22 16.97 1403.54 0.00 0.00 0.00 6 262.78 1101.24 227.3 2 -15 -2010 405.29 5.77 6.88 421.32 0.00 0.00 0.00 2 120.60 284.69 202.6 2 -16 -2010 1901.58 18.26 21.79 1952.34 478.74 0.00 0.00 5 1490.13 411.45 380.3 2 -16 -2010 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.0 2 -17 -2010 3788.17 64.33 76.76 3966.98 892.76 0.00 0.00 5 1325.31 2462.86 757.6 2 -18 -2010 2778.09 62.60 74.67 2952.07 0.00 0.00 0.00 5 1143.30 1634.79 555.6 2 -19 -2010 2857.40 39.66 47.31 2967.61 0.00 0.00 0.00 6 784.32 2073.08 476.2 2 -22 -2010 4039.23 78.62 93.80 4257.73 0.00 1344.25 0.00 4 1639.81 2399.42 1009.8 2 -23 -2010 2355.99 39.82 47.47 2466.60 0.00 0.00 0.00 10 816.36 1539.63 235.6 '..� 2 -24 -2010 1900.15 32.73 39.07 1991.13 295.84 0.00 0.00 5 632.54 1267.61 380.0 2 -25 -2010 1523.62 17.58 20.97 1572.45 0.00 0.00 0.00 3 333.16 1190.46 507.8 2 -26 -2010 118.00 0.70 0.83 119.94 0.00 478.74 0.00 3 571.89 - 453.89 39.3 46728.23 755.52 901.32 48827.86 2882.53 3038.18 0.00 100 16522.11 30206.12 467.2 Nom'/ 0 e ��� 4 -13 -2010 SALES REPORT FROM ( 3 -01 -2010) TO ( 3 -31 -2010) PART 1 DATE NET TAX1 TAX2 TAX3 TOTAL CHARGE A/R INV COST PROFIT JOB AV 3 -01 -2010 4592.74 76.84 91.67 4806.30 0.00 0.00 0.00 6 1597.51 2995.23 765.4 3 -02 -2010 824.76 10.19 12.14 853.08 0.00 0.00 0.00 3 177.20 647.56 274.9 �. 3 -03 -2010 1842.75 31.94 38.10 1931.51 0.00 0.00 0.00 6 609.45 1233.30 307.1 3 -04 -2010 915.79 10.60 12.64 945.25 0.00 0.00 0.00 4 261.67 654.12 228.9 3 -05 -2010 3383.76 62.10 74.08 3556.36 0.00 0.00 0.00 6 1179.40 2204.38 563.9 3 -08 -20.10 487.41 11.88 14.17 520.42 0.00 0.00 0.00 5 278.71 208.70 97.4 3 -09 -2010 3935.44 55.31 65.95 4089.11 654.88 0.00 0.00 4 960.53 2974.91 983.8 3 -10 -2010 866.48 13.36 15.93 923.59 475.55 0.00 0.00 3 233.82 652.66 295.4 !, 3 -11 -2010 1499.93 28.01 33.37 1577.72 0.00 0.00 0.00 3 419.75 1080.18 499.9 3 -12 -2010 2425.62 45.56 54.38 2552.27 0.00 0.00 0.00 6 1099.39 1326.23 409.2 3 -15 -2010 1053.27 25.24 30.10 1123.40 0.00 0.00 0.00 4 444.78 608.49 263.3 3 -16 -2010 8315.15 86.42 103.10 8555.84 0.00 0.00 0.00 3 1869.87 6445.28 2771.7 i 3 -17 -2010 1926.32 31.92 38.06 2015.01 0.00 0.00 0.00 4 530.41 1395.91 481.5 3 -18 -2010 2693.61 43.16 51.48 2813.55 0.00 0.00 0.00 8 967.14 1726.47 336.7 3 -19 -2010 1712.57 26.95 32.15 1787.46 0.00 0.00 0.00 7 629.86 1082.71 244.6 3 -19 -2010 1853.64 35.39 42.20 1951.96 0.00 0.00 0.00 1 604.70 1248.94 1853.6 3 -22 -2010 6727.63 23.29 27.78 6792.36 0.00 2319.03 0.00 6 9120.96 2606.67 1121.2 i 3 -23 -2010 2106.38 26.30 31.39 2179.50 717.38 0.00 0.00 6 565.85 1540.53 351.0,' 3 -24 -2010 4997.42 90.87 108.46 5250.04 603.11 0.00 0.00 6 1595.85 3401.57 632.9 3 -25 -2010 1486.13 31.27 37.26 1573.00 0.00 603.11 0.00 7 646.60 839.53 212.3 3 -26 -2010 2856.31 52.05 62.10 3000.97 0.00 0.00 0.00 7 973.80 1882.51 408.0, 3 -29 -2010 4277.80 85.38 101.84 4515.09 0.00 0.00 0.00 6 1726.80 2549.00 712.9 3 -30 -2010 2397.49 39.15 46.69 2506.29 0.00 0.00 0.00 7 610.37 1767.12 342.5 3 -31 -2010 2885.40 44.53 53.15 3009.21 0.00 0.00 0.00 7 1064.37 1821.03 412.2 66063.84 987.71 1178.19 68829.29 2450.92 2922.14 0.00 125 23170.79 42913.05 528.6 390 Union Blvd #520 TICOR TITLE'' Lakewood, CO 80228 Phone: (303) 988 -2121 OF COLORADO Fax: (303) 988 -0331 DATE: December 18, 2009 FILE NUMBER: 597- T0096121- 040 -PW PROPERTY ADDRESS: 4395 Xenon St, Wheat Ridge, CO 80033 OWNERIBUYER: Rick Fads / Performance Wise. Inc. YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 014922 PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: , Schedule A: Schedule B - Section 1 Requirements: , Schedule B — Section 2 Exceptions: Should you have any questions regarding these materials, or our new on -line transaction management program iCenter, please contact Ticor Title of Colorado, Inc. at the above phone number. We sincerely thank you for your business. ( TO: Ticor Title of Colorado, Inc. West 390 Union Blvd 4520 Lakewood, CO 80228 Fuller Real Estate 1515 Arapahoe Street #1200 Denver, Co 80202 ❑ If checked, supporting documentation enclosed ATTN: Penny Wild PHONE: (303) 988 -2121 FAX: (303) 988 -0331 E -MAIL: penny.wild @ticortitle.com DELIVERY: E -MAIL NO. OF COPIES: 1 ATTN: Christopher D. Ball PHONE: (303) 312 -4228 FAX: (303) 534 -8270 E -MAIL: amvorick @fullercompany.com DELIVERY: Email NO. OF COPIES: 1 TO: Keller Williams Preferred Realty ATTN: Gordon Ballinger 11859 Pecos Street #200 PHONE: (303) 452 -3300 FAX: (303) 452 -9620 Westminster, Co 80234 E -MAIL: sandinvila @kw.com DELIVERY: Email ❑ If checked, supporting documentation enclosed NO. OF COPIES: 1 TO: Rick Ends PHONE: PO Box 16097 MOBILE: (303) 881 -3752 Golden, to 80402 FAX: E -MAIL: reflectionsptg @aol.com DELIVERY: Email 0If checked, supporting documentation enclosed NO. OF COPIES: I END OF TRANSMITTAL TICOR TITLE' OF COLORADO Date: December 18, 2009 RE: Buyer /Borrower: Performance Wise, Inc. Seller(s): Rick Eads Property Address: 4395 Xenon St, Wheat Ridge, CO 80033 Commitment Number:597- T0096121- 040 -PW Your Reference Number: 390 Union Blvd #520 Lakewood, CO 80228 Phone: (303) 988 -2121 Fax: (303) 988 -0331 We would like to thank you for choosing Ticor Title of Colorado, Inc. for your title insurance needs. Schedule/Tax Parcel Number: 014922 For all of your closing needs, your Escrow Officer is: Penny Wild: Please feel free to contact your closer at: (303) 988 -2121, fax: (303) 988 -0331, email: penny.wild @ticortitle.com, 390 Union Blvd 9520 Lakewood, CO 80228. Once again, thank you for your business, and please feel free to contact your Business Development Manager for a username and password for iCenter, our new online transaction management program. We look forward to serving all of your title insurance needs. CENTER Sincerely, Ticor Title of Colorado, Inc. 12/18/2009 2:17:34 PM Commitment No.: 597- T0096121- 040 -PW Ticor Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 597- T0096121- 040 -PW 1. Effective Date: December 11, 2009 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a) ALTA 2006 Standard Owner's Policy $225,000.00 Performance Wise, Inc., A Colorado Corporation 3. Fee Simple interest in the land described in this Commitment is owned, at the Effective Date by: Rick Eads 4. The land referred to in this Commitment is described as follows: I See Attached Legal Description (for informational purposes only) 4395 Xenon St, Wheat Ridge, CO 80033 PREMIUMS: Owners Coverage: $799.00 Tax Information: $30.00 12/1812009 2:17:34 PM Attached Legal Description Commitment No.: 597- T0096121- 040 -PAV A tract of land in the Northwest' /4 of Section 20, Township 3 South, Range 69 West of the P.M., described as follows: Beginning at a point whence the center of Section 20 bears South 51° 29'45" East, a distance of 887.5 feet; thence South 00° 10'00" East, a distance of 155.0 feet; thence North 89° 50'00" East, a distance of 129.15 feet to a point on the Westerly right of way line of Xenon Street; thence North 00° 32'00" West along said Westerly right of way line, a distance of 207.0 feet; thence South 67° 35'45" West, a distance of 137.7 feet to the point of beginning, County of Jefferson, State of Colorado. 12/18/2009 221:22 PM SCHEDULE B — Section 1 Requirements The following requirements must be met: Commitment No.: 597- T0096121- 040 -PW a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. C. This Commitment is subject to such requirements and/or exceptions as may be necessary upon review of Bankruptcy No 13568 (Chapter 7) in the United States Bankruptcy Court in and for the District of Colorado wherein Performance Wise. Inc. and John James Leonard are Debtor(s) by Counsel for the Company, its agents and subsidiaries. d. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. e. Furnish for recordation a full release of deed of trust: Amount: $185,000.00 Trustor /Grantor: Rick Ends Trustee: Public Trustee of Jefferson County Beneficiary: Deorio Family Real Estate Trust dated January 27, 2001 and 4380 -4395 Xenon Street, LLC, a Colorado limited liability company Recording Date: October 26, 2007 Recording No: 2007121198 NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39 -22 -604.5 (NONRESIDENT WITHHOLDING). END OF REQUIREMENTS 12/18/2009 2:17:34 PM SCHEDULE B — Section 2 Exceptions Commitment No.: 597- T0096121- 040 -Pw Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims of title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 8. All taxes and assessments, now or heretofore assessed, due or payable. 9. Right of way, whether in fee or easement only, for Xenon Street. 10. Right of way, whether in fee or easement only, for State Highway. I1. Rights of others to that portion of the land lying within The Slater and Sanderson Ditch now known as Slater and Moody Ditch, together with the easements, use or maintenance of that ditch. 12. Right of Way for water rights and ditch rights used in connection with said premises, also except all ditch rights of way as now located as contained in document recorded November 17, 1900 in Book 117 at Page 163. 13. Any assessment or lien of The Valley Water District as disclosed by the instrument recorded October 29, 1956 in Book 1026 at Page 59,2. 12/18/2009 2:17:34 PM Commitment No.: 597- T0096121- 040 -Pw SCHEDULE B — Section 2 Exceptions (Continued) 14. Any assessment or lien of Prospect Recreation and Park District as disclosed by the instrument recorded December 10, 1999 at Reception No. F0989244. 15. The effects of Inclusion within the City of Wheat Ridge under Corporate Boundary recorded January 07, 2009 at Reception no. 2009001396. END OF EXCEPTIONS Commitment No.: 597- T0096121- 040 -PW AFFIDAVIT AND INDEMNITY AGREEMENT TO Ticor Title of Colorado, Inc. a Colorado Corporation and Ticor Title Insurance Company, a California Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or matenalmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: 4395 Xenon St, Wheat Ridge, CO 80033 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Ticor Title of Colorado, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affrant(s) know the matters herein stated are true and indemnifies Ticor Title of Colorado, Inc., a Colorado Corporation and Ticor Title Insurance Company, a California Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: Rick Eads State of Colorado ) as: County of Jefferson The foregoing instrument was acknowledged, subscribed, and sworn to before me an by Rick Eads. (SEAL) Notary Public My Commission Expires: Commitment No.: 597- T0O96121- 040 -P \V ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION A tract of land in the Northwest 'G of Section 20, Township 3 South, Range 69 West of the P.M., described as follows: Beginning at a point whence the center of Section 20 bears South 51 29'45" East, a distance of 887.5 feet; thence South 00 10'00" East, a distance of 1550 feet; thence North 89 50'00" East, a distance of 129.15 feet to a point on the Westerly right of way line of Xenon Street; thence Notch 00 32'00" West along said Westerly right of way line, a distance of 207.0 feet; thence South 67 35'45" West, a distance of 137.7 feet to the point of beginning, County of Jefferson, State of Colorado. Commitment No.: 597- T0096121- 040 -Pw STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY Ticor Title of Colorado, Inc. AS AGENT FOR Ticor Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at httn: / /www.alta.ore / . This Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY CONDITIONS / DISCLOSURES SCHEDULE A 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEUDLE B -1- - REQUIREMENTS SCHEDULE B -II - - EXCEPTIONS Commitment No.: 597- T0096121- 040 -Pw STANDARD TITLE INSURANCE COMMITMENT Ticor Title Insurance Company ISSUED BY Ticor Title of Colorado, Inc. AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within 6 months after the Effective Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B -1. The Exceptions in Schedule B -2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as `Effective Date ". Ticor Title Insurance Company Countersigned By: Authorized Signature TICORTITLE INSURANCE COMPANY By: ATTEST f`' Commitment No.: 597- T0096121- 040 -P \V DEFINITIONS CONDITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) 'Public Records" means title records that give constructive notice of matters affecting the title according to state statutes where the land is located. 2. LATER DEFECTS The Exception in Schedule B — Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach hetween the Commitment Date and the date on which all of the Requirements of Schedule B Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or • Eliminate with out written consent any Exceptions shown in Schedule B - Section 11. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. DISCLOSURES NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by die seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment. the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10 -11 -122 C.R.S.) The subject land may be located in a special taxing district, a certificate of taxes due listing each toxingjurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent, and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non - affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title insurance may include a Schedule B exception reference to recorded . evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property. The referenced mineral estate may include die right to enter and use the property without the surface estate owner's permission. You may be able to obtain title insurance coverage regarding and such reference mineral estate severance and its affect upon your ownership. Ask your title company representative for assistance with this issue. Commitment No 597- T0096121- 040 -Pw Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of your non- public personal information ( "Personal Information ") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein - Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and /or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Commitment No.: 597- T0096121- 040 -PW Fidelity National Financial, Inc. Privacy Statement (Continued) Disclosure to Affiliated Comnanies — We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's rec uired record retention requirements for the purpose of handling future coverage claims For your protection, all requests made under this section must be in writing and must include your notarized signature to establish Your identity Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement Page 2 of 2 EXCEPTION 9 NO Document will appear here EXCEPTION 10 NO Document will appear here EXCEPTION 11 NO Document will appear here EXCEPTION 12 Bk 117 Pg 1 63 mm ir•a ne. rrNlhaviY nexn ilw fa wr-f +rc w .n -. T 3L8 Sit CL'I },.Vn q,tr . , .. , r ;L, / / 1 + Ix lLr y nl.,wNn or,rrvr n u..nrl'� yY16r Cnnnf(i ej ,J •r .INI NAdnyn'pMi:fo, fpl tnrl r' /Illr.[!9 f' Sq 1. Flntr 'I yp.:. lryGl. ,. 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IAo' c pip Ad 4. 6 pi -Gf l;oNvol ftRVII " cat]. Vtsma nAA izz g ms Mu ve-am, ri.. kulmT '. L �i L • ti ., C , 1 � c nqS+ e ;e 4 EXCEPTION 14 Sent by: HHTE &S, L.L.P- 3035928710; 11/18/99 3:32PM;j&tFW #800;Pege 213 A jr RECEPTION RD. F0989244 12/10/1999 10:32:53 PG: 001 -003 PAGE FEE: 0.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO DISTRICT COURT, JEFFERSON COUNTY., STATE OF COLORADO Civil Action No. 99 CV 2154, Division 2 ORDER AND DECREE (A) DECLARING THE PROSPECT RECREATION AND PARK DISTRICT TO BE ORGANIZED AND GIVING IT A CORPORATE NAM&& AND (8) DESIGNATING THE FIRST BOARD ELECTED IN RE THE ORGANIZATION OF PROSPECT RECREATION AND PARK DISTRICT, JEFFERSON COUNTY, COLORADO THIS MATTER COMES ON TO BE HEARD upon the Motion of the Petitioners for an Order and Decree pursuant to C.R.S. § 32- 1- 305(6) declaring the Prospect Recreation and Park District to be organized and giving it a corporate name, and (b) designating • the First Board elected. . THE COURT FINDS AS FOLLOWS: 1. At the 1999 Coordinated Election, the voters of the Prospect Recreation and Park District cast their votes in favor of the organization of the District, in favor of the two TABOR, questions, and for the candidates for District Director. 2. The following candidates were elected as Director: a. North Director Sub - District: L Flora Andrus ii. Peggy Hunnicutt b. South Director Sub - District L Ed Campbell ii_ Linda Dusenbury i. Bill Farrell. - Jefferson - 989244 -1999 (Doc Page 1) ACCORDINGLY, the Court orders as follows: 1. Prospect Recreation and Park:District Is hereby organized, and shall. have the corporate name "Prospect Recreation and Park District." 2. Flora Andrus, Ed Campbell, Linda Dusenbury, Bill Farrell and Peggy r1 Hunnicutt are hereby designated as the first Board of Directors of this District, and shall O be issued Certificates of Election. 3. Counsel for the Petitioners shall cause a certified copy of this Order and Decree to be filed with all of the the governmental entities with which organizational decrees are required to be filed. DATED at Golden, Colorado, this 9 day of November, 1999. BY THE COURT: D f str - ict Court Judge 0 t1 Ui:'' RiC°f CO :1617 Gouty Of d� ;safsc ,. Col ;certified to be full, true ar, corre::t cop; zt the origiiai in Ir, oua o °y' ` ku � v� 'Cleric tha +i�isidCd b �S. �+ ,IF. organization order • In Pr Presped ReE r ` — — '� `Jefferson - 989244 -1999 (Doc Page 2) tI PROSPECT RECREATION & PARK DISTRICT BOARD OF DIRECTORS Flora Andrus, Chairman Husband - B.J. (Buel) 4790 Easley Road, Golden, CO 80403 H:303- 278 -8660 Fax: same as phone Email: fandrus@aol.com Peggy Hunnicutt, Vice Chairman Husband -Tom 5400 McIntyre, Golden, CO 80403 H:303- 279 -3522 Bill Farrell, Treasurer Wife: Suzanne 14399 Garden Circle, Golden, CO 80401 H:303- 273 -0425 W:303- 863 -5779 W- FAX:303- 86351 Email: willsuaQaoi.com Linda Dusenbury, Secretary Husband - Mike 1700 Zinnia Street, Golden, CO 80401 H:303- 232 -8265 Ed Campbell Wife - Sharon 2472 Coors Drive, Golden, CO 80401 H:303- 279 -2472 Fax: 303-278-2722 MEETINGS HELD 2nd WEDNESDAY OF THE MONTH at 7:15 PM Unless otherwise posted, location will be at The Arbor House, 14600 W 32" Ave, Golden The Public Is Alw Welcome STAFF Chuck Reno District Manager 7037 S. Fairfax Street Littleton, CO 80122 303 - 771 -0695 E-maiI:creno@co.jsfferson.co.us Tracey Stills Facilities Coordinator 28022 Camel Heights Circle Evergreen, CO 80439 303- 670 -1781 E -mail: tstiOglco.jefferson.co.us Jesse Mahan Grounds Keeper 11 1024 Pawnee St. Strasburg, CO 80136 303.622.6313 Paul Carlson Grounds Keeper II 7910 Knox Court Westminster, CO 80030 303.487.8474 S,eg.5onals Jessica Rossi pgr 303 - 509 -2781 Faron Marriott 303- 279 -4531 Cole Marriott 303 - 279 -4531 _3 District Office: 4198 Xenon St., Wheat Ridge, CO 80033 phone: 303.424.2346 fax 303.424.4066 Arbor House: phone 303 - 215 -0569 Shop: 271 -52601 Sheriff: 271 - OR - R1 - 1 Towing: weekdays 271 -5260; weekends 271 -5368 (pager) when phone rings & chirps once, enter 492 you'll hear 3-4 chirps, enter your number and hit# key, OR call Sheriff and they will page the mechanic on call. upd od: Dx 1. IM Cf FFICS �MWF0O=]SnW.Mg TERM ... ..... Jefferson - 989244 -1999 (Doc Page 3)" 2009001396 0110712009 11:57:47 AM PISS 4 $21.00 DF $0 Electronically Recorded Jefferson Coun CO Pam Anderson, Clerk and Recorder T 1000 N ` City of Wheatl 09 Official Legal Description For the City of Wheat Ridge Corporate Boundary May 1, 2008 i� Jefferson -1396 -2009 (Doc Page 1) CITY OF WHEAT RIDGE The South half of the Southwest quarter of Section 13 and that portion of the North half of the Southwest quarter of Section 13 lying South of the North lines of Lots 4 and 5 and 9, Berkeley Heights Subdivision, recorded with the County of Jefferson in Book 1, page 40, and East of the West right of way line of Marshall (A.K.A. State Highway 72). That portion of the Southeast quarter of Section 14 lying East of the Westerly line of that parcel described in deed recorded with the County of Jefferson in Book 2627, page 423 and South of the South right of way line of Interstate 70. Also, that portion of the East half of the Southwest quarter of Section 14 lying South of the South right of way line of Interstate 70 and that portion of the West half of the Southwest quarter of Section 14 lying South of the North right of way line of Interstate 70. That portion of the Southeast quarter of Section 15 lying South of the North right of way line of Interstate 70. Also, that portion of the East half of the Southwest quarter of Section 15 lying South of the North right of way line of a 100' Public Service Company Corridor, recorded with the County of Jefferson in Book 722, page 172 and the South half of the Northwest quarter of the Southwest quarter, and that portion of the North half of the Northwest quarter of the Southwest quarter of Section 15 lying South of the South line of Sandra -Terry Subdivision, recorded with the County of Jefferson in Book 17, page 14, also being the center line of West 51" Place, and West of the West right of way of independence Street. The Southwest quarter of the Northeast quarter and that part of the Southeast quarter of the Northeast quarter West of the East right of way line of Miller Street as described in document recorded at reception number 2006151561, the Northwest quarter of the Southeast quarter, the Southwest quarter of the Southeast quarter, the Northeast quarter of the Southwest quarter, the Southwest quarter of the Southwest quarter, the Southeast quarter of the Southwest quarter, all in Section 16, all that portion of the Southeast quarter of the Southeast quarter of Section 16, lying South of the North line of that right of way parcel described in deed recorded in Book 738 at page 374, and West of the East right of way line of Miller Street as described in document recorded at reception number 2006151561, all that portion of the Northeast quarter of the Southeast quarter lying West of the East right of way line of Miller Street as described in document recorded at reception number 2006151561 and all that portion of the Southeast quarter of the Northwest quarter lying South of the North line of that parcel described in document recorded at reception number F 1738744 and that portion lying West of the West line of Skyline Estates Filing No. 2, recorded at reception number F1816752. The Southeast quarter of Section 17 and that portion of the Southwest quarter of Section 17 lying South of the North line of Kaiser Permanente Subdivision Filing No. 2, recorded with the County of Jefferson at Reception No. F 1207410 and East of the West line of Book 167, page 52, Reception No. F1545447, and that part of the Southeast quarter of the Northeast quarter being described in deeds recorded at reception numbers F 1851207 and F 1851208, and all of Beyers Subdivision recorded at reception number F 1023054. Page 1 of 3 Jefferson -1396 -2009 (Doc Page 2) That portion of the Northeast quarter of Section 19, being South of the North line of 44' Industrial Park Subdivision, recorded with the County of Jefferson in Book 143, page 42, Reception No. F0700216. All that portion of the Southeast quarter of Section 19 being East of the West line of Cabela's /Coors Subdivision Filing No. 1, recorded with the County of Jefferson at 2006099915, excepting therefrom that parcel described in document recorded at reception number 06730009. The Northeast, Southeast, and Southwest quarters of Section 20, excluding therefrom those parcels described in documents recorded at reception numbers 03370277 and 06730009. That portion of the East half of the Northwest quarter of Section 20 lying East of the West line of Kaiser Permanente Subdivision Filing No. 3, recorded with the County of Jefferson in Book 167, page 52, Reception No. F1545447 and East of the West line of those parcels described in deed recorded with the County of Jefferson at Reception No. 89037733 and South of the North line of State Highway I -70, as recorded with the County of Jefferson in Book 1875, page 165 and Book 1900, page 478 and South of the North right of way line of West 44' Avenue as recorded with the County of Jefferson at Reception No. 89033001 and South of the North line of 44' Industrial Park Subdivision, recorded with the County of Jefferson in Book 143, page 42, Reception No. F0700216. All of Sections 21, 22, and 23. The Northwest and Southwest quarters of Section 24. The Southeast quarter of the Southeast quarter, the Southwest quarter of the Southeast quarter, and the West half of the Northwest quarter of the Southeast quarter of section 24. The Northeast and Northwest quarters of Section 25. The North half of the Southwest quarter, the Southwest quarter of the Southwest quarter, the West half of the Northwest quarter of the Southeast quarter of the Southwest quarter, and the West half of the Southwest quarter of the Southeast quarter of the Southwest quarter, and that part of the Southeast quarter of the Southeast quarter of the Southwest quarter lying East of the East line of the Pads Subdivision (recorded at reception number F0777006), and that part of the Northeast quarter of the Southeast quarter of the Southwest quarter lying East of the West right of way line of Harlan Street adjacent to Lots 1, 2, 4, and 5, Daisylan Subdivision (recorded at Book 11, page 62). The Southeast quarter, excepting therefrom, Lot 3, Daisylan Subdivision (recorded at Book 11, page 62) and adjacent Harlan Street right of way, and excepting the Adams Apt. Homes Condo, and excepting that parcel described in document recorded at reception number 2006069427, and excluding Lots 6 through 12, Block 1, and all of Block 2, Zerobnick Resubdivision of Block 13, Lakeside (recorded at Book 13, Page 24), and adjacent right of way for Eaton, and West 26' Avenue, and the West half of adjacent Depew Street, and excluding Lots 16, and 17, and Tract A, Whitechurch Subdivis (recorded at Book 9, Page 12), and East half of All of the Northwest, Northeast and Southeast quarters of Section 26 and that portion of the Southwest quarter of Section 26 lying East of the Westerly right of way fine of Wadsworth Blvd and North of the Southerly right of way line of 32' Avenue. Page 2 of 3 Jefferson -1396 -2009 (Doc Page 3) The North half of Section 27 and that portion of the South half of Section 27 Westerly of the Easterly right of way line of Kipling Street and North of the Southerly right of way line of West 32n Ave. The North half of Section 28, and that portion of the South half of Section 28 which is comprised of Paramount Heights Part 1, recorded with the County of Jefferson in Book 10, page 22, Paramount Heights Part 2, recorded with the County of Jefferson in Book 12, page 4, Paramount Heights Part 3, recorded with the County of Jefferson in Book 13, page 48, Paramount Heights Part 4, recorded with the County of Jefferson in Book 15, page 51, and Paramount Heights Part 5, recorded with the County of Jefferson in Book 19, page 29. All of the Northeast quarter of Section 29. The Northwest quarter of the Southeast quarter, the Northeast quarter of the Southwest quarter, and that portion of the Northwest quarter of the Southwest quarter lying Easterly of the East right of way line of Interstate Highway I -70 and Northerly of the South right of way of 32 a Avenue, East of the West right -of -way line of Zinnia Court extended The Northwest quarter, lying East of the West line of Cabela's/Coors Subdivision Filing No. 1 recorded with the County of Jefferson at 2006099915 and East of the West line of 70 West Business Park, Filing No. 3, recorded with the County of Jefferson at F0901318 and that portion of W 32nd Avenue East of the West right -of -way line of Zinnia Court. That portion of the Northeast quarter of Section 30 lying East of the Westerly line and North of the Southerly line of the CabeIa's/Coors Subdivision Filing No. 1 recorded with the County of Jefferson at 2006099915. All in Township 3 South, Range 69 West of the 6' P.M., County of Jefferson, State of Colorado. SURVEYOR'S STATEMENT I, EDGAR THOMAS BRISTOW, A REGISTERED LAND SURVEYOR, LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC. THAT THIS BOUNDS DESCRIPTION WAS MADE UNDER MY DIRECT SUPERVISION AND CHECKING, AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE, INFORWA%90 BELIEF. ..: P.L.S. #>58$ _`7B NO. 06-50,874 3825 IRIS AVE., Page 3 of 3 Jefferson - 1396 -2009 (Doc Page 4) 2007121197 10126/2007 03:16:29 PM PGS 3 $16.00 DF $21 mectronlca8y Recorded Jefferson Countyry CO Pam Arm erson, and Recorder T01000 Y WHEN RECORDED RLTURN TO: DF: 5 21.00 5648 Golden Gate Canyon Read Golden, CO 80003 ETC SPECIAL WARRANTY DEED C PIL T141S SPECIAL WARRANTY DEED is made on October 26, 2007 between The Deorio Family Real Estate Trust dated January 27, 2001 and 4380 & 4395 Xenon Street, LLC, A Colorado limited liability company ( "Grantor'), duly organized and existing under the laws of the State of COLORADO and Rlek Eads ("Grantee"), INDIVIDUALLY whose legal address is 5648 Golden Gate Canyon Road,Golden, CO 80403; WITNESS, that the Grantor, for and in consideration of TWO HUNDRED TEN THOUSAND AND 001100 DOLLARS (5210,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee and the successors and assigns of the Grantee forever, all of the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of JEFFERSON and State of COLORADO, described as follows: Sao Exhibit A attached hereto and made a part hereof. Also Known As: 4395 Xenon Street, Wheat Ridge, CO 800334 TOGETHER WITH, all and singular the hereditaments and appurtemacm thereunto belonging, or in anywise appertaining, and die reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that it shall and will WARRANT and FOREVER DEPEND the above bargained premises in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or persons lawfully claiming the whole, or any part thereof by, through a under the Grantor. except for taxes and assessments for the current year and subsequent years, and those excep0ons descnbed on Exhibit E attached hereto. EXECUTED AND DELIVERED on the date set forth above. The Deorio Family Real Estate Trust dated January 27, ` 2000 11 Mang S, Deorio, as Trustee THERESA ESKRIDGH NOTARY PUBLIC STATEOFCOLORADO 'My Commission ElpifesAug.6, 2011 STATEOF: COLORADO 4380 & 4395 Xenon Street, LLC, a Colorado limited liability company By: Ralph A. Deorio Marital Trust, Dated September 17,2001, as Manager p ���fP -1/�' Margaret . eorio, as Trustee A A n 1, thony Deorio, aegnuace COUNTY OF: BOULDER The foregoing instrument was acknowledged before me on October 26, 2007 by Margaret S. Deorio as Trustee of The Deorio Family Real Estate Trust dated January 27, 2001 and 4380 & 4395 Xenon Street, LLC, A Colorado limited liability company by Margaret S. Deorio and Anthony Deorio as Trustees of the Ralph A. Deorio Marital Trust, Dated September 17, 2001, as Manager. My Commission Expires: blc DEED-SW 1raQ— Notary Public File NO.U0032651 Deed(Specfel Wermnly) Exhibit A A tract of land in the Northwest'' /, of Section 20, Township 3 South, Range 69 West of the 6 P.M., described es follows: Beginning at a point whence the center of Section 20 bears South 51° 29 East, a distance of 887.5 feet; thence South 00 10 East, a distance of 155.0 feet; thence North 89 50'00" East, a distance of 129.15 feet to a point on the Westerly right of way line of Xenon Street; thence Norib 00 32'00° West along said Westerly right of way line, a distance of 207.0 feet; thence South 67° 35 West, a distance of 137.7 feet to the point of beginning, County of Jefferson, State of Colorado. �XNi61T � UTC T 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3, Fasements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments for the year 2007 and subsequent years, a lien, but not yet due or payable. 7. Right of way, whether in fee or easement only, for Xenon Street. 8. Right of way, whether in fee or easement only, for State Highway. 9. Rights of others to that portion of the land lying within The Slater and Sanderson Ditch now known as Slater and Moody Ditch, together with the easements, use or maintenance of that ditch. 10. Right of Way for water rights and ditch rights used in connection with said premises, also except all ditch rights of way as now located as contained in document recorded November 17,1900 in Book 117 at Page 163. 11. Any assessment or lien of The Valley Water District as disclosed by the instrument recorded October 29, 1956 in Book 1026 at Page 592. 12. Any assessment or lien of Prospect Recreation and Park District as disclosed by the instrument recorded December 10, 1999 at Reception No. F0989244. 13. Any existing leases or tenancies. i I I { Current J Payable Tax . . . S IR, THIS PAGE IS NOT A SUBSTITUTE FOR A TAX CERTIFICATE Schedule Number: 014922 Next S ch ec Owner Name: EADS RICK Prii Property Address: 04395 XENON ST Address and Political Infor Property Tax Amount For Last Year: $1,947.12 CURRENT PAYABLE TAX INFORMATION Tax District: 3109 Tax Mill Levy: 88.807 Assessor's Valuation Receipt Number 0930098 0930098 0930098 Records Disclaimer This information is prepared as an informational service only and should not be relied upon as an official notice. Jefferson County makes every effort to produce and publish the most current and accurate property tax information possi warranties, expressed or implied are provided for the data herein concerning the accuracy , completeness, reliability or su any particular recipient use interpretation. Jefferson County assumes no liability whatsoever associated with the use or mi public data. Fu II. Amount Half-Amount Taxes Now Due Date: 4/30 2/28 & 6/15 �Pay Original Bill: $1,957.30 $0.00 Zero Balance Due: No Payment Required Abatement: $0.00 $0.00 Amount Paid: $1,957.30 $0.00 General Due: $0.00 $0.00 Gen Delinq: $0.00 $0.00 Sid Billed: $0.00 $0.00 Sid Paid: $0.00 $0.00 Sid Delinq: $0.00 $0.00 Balance Due: $0.00 $0.00 Payment_ Dates .& Terms PAYMENT INFORMATION Payment Type Amount Date Payor Advertising $10.00 09/30/2009 CR CRITTER CREEK INC DBA REFLECTIONS PAINTING POB 16097 GLD CO Delinquent Interest (General $97.87 09/30/2009 CR CRITTER CREEK INC DBA REFLECTIONS PAINTING Taxes) POB 16097 GLD CO Real Property $1,957.30 09/30/2009 CR CRITTER CREEK INC DBA REFLECTIONS PAINTING POB 16097 GLD CO Receipt Number 0930098 0930098 0930098 Records Disclaimer This information is prepared as an informational service only and should not be relied upon as an official notice. Jefferson County makes every effort to produce and publish the most current and accurate property tax information possi warranties, expressed or implied are provided for the data herein concerning the accuracy , completeness, reliability or su any particular recipient use interpretation. Jefferson County assumes no liability whatsoever associated with the use or mi public data. rya a � rv ` ALLRED&ASSOCIATES Architecture Planning Interior Design City of Wheat Ridge Planning Department C/O Meredith Rechert Senior Planner City of Wheat Ridge City Hall 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: 4395 Xenon Street, Wheat Ridge Colorado The enclosed proposed special use permit application is for Performance Wise Inc. Performance wise is a light automotive repair shop. The site is 4395 Xenon Street, Wheat Ridge Colorado. The applicants propose to build a 9 bay automotive repair shop. The building is located on the property so as to provide access to each of the bays and allow the existing Bayou Ditch to be placed in a culvert underneath their drive and parking areas. SITE: The site will be landscaped per city requirements and irrigated with automatic sprinkler systems. Access to the site will occur for the public on the north east corner of the site from Xenon. Business employees will then drive the vehicles from the north parking area to the inside of the building by circling around to the west into the five bay doors facing west or circling around onto Xenon Street and then four bay doors facing east. Public will not be allowed to drive from the public parking area into the service bays. The diesel emissions testing bay is now facing west away from Xenon Street. Landscaping is planted between the sidewalk and the building. The build line is 20' off the back of the sidewalk. This is an increase over the possible 0 foot setback requirements for this area. The parking lot is located away from the residential area and no work will be performed on vehicles outside of the service bays. ARCHITECTURE: The building consists of stone and galvanized metal wall panels with architectural steel trellis. The steel trellises will break up the facade of the building. Irrigated climbing vines are planted at each trellis and will become a "green wall" when matured in three to five years. This will reduce the scale of the eaves at these elevations. The office area is of a smaller scale. The entry has a steel awning eyebrow to protect the entry from weather. LIGHTING: All lighting will have cutoff lenses shielding the lamps and keeping the direct light on the premises. The cut off fixtures will shield the lamps from being seen across the street. The light standards are only 12' tall and they also will have full cut off shields. 580 Burbank Street, Suite 125 1 Broomfield, Colorado 80020 h•303/465 4306 I fax:303/465.4382 p. SIGNAGE: The signage is as proposed on the plan. There is a tall freeway sign. This sign is critical to the business survival. The sign is half the size in square footage as is allowable by city sign ordinances. The lighted signage will face East and West. A monument sign near the access drive will identify the business to travelers on 44 street only. It will only face north. UTILITIES: There are utilities in the street. At this point Xcel will provide power and gas as required. DRAINAGE: See enclosed drainage schematic plans. We sincerely believe this project will be of architectural quality to improve the quality of the neighborhood by infusing life and aesthetic to that corner area. We respectfully request the approval of this use. Property appraisal system Property Information - Previous 13 OF 13 Page 1 of 1 GENERAL INFORMATION Schedule: 014922 Parcel ID: 39- 202 - 00-012 Print Help Status: Active Property Type: Vacant Land Property Address: 04395 XENON ST WHEAT RIDGE CO 80033 Mailing Address: PO BOX 16097 GOLDEN CO 80402 6001 Neighborhood: 102 Owner Name(s) EADS RICK PROPERTY DESCRIPTION Subdivision Name: - Block Lot Key ISection Township IRange QuarterSection Land Sgft CONVER_0-1_ 11 -09 -1979 046 120 13 169 NW 23391 Total 23391 Assessor Parcel Maps Associated with Schedule map39 -202 Per SALE HISTORY Graphic Parcel Map MapQuest Location Sale Date Sale Amount Deed Type Reception 02 -29 -1972 15,500 163,700 CONVER_0-1_ 11 -09 -1979 0 47,470 CONVER02 02 -28 -1980 0 4.1430 80015958 08 -03 -1998 0 Letter or Letters F0663965 03 -30 -1999 40,000 Personal Representative Deed F0836462_ 03- 30-1999 47,000 Quit Claim Deed F0836452 01 -27 -2001 0 Warranty Deed F1 09 -17 -2001 i 0 Quit Claim Deed 2007003727 09 -26 -2002 1 0 lWarranty Deed IF1577064 , 10 -26 -2007 1 210,000 Special Warranty Deed IZOO7121197 TAX INFORMATION 2009 Payable 2010 20 Actual Value Land 163,700 Total 163,700 School Assessed Value Land 47,470 Total 47,470 Treasurer Information View Mill Levy Detail For Year 20 2009 Mill Levy Information Tax District 3109 County 24.3460 School 48.1450 WHEAT RIDGE 1.8300 ARVADA FIRE DIST. 9.5580 FRUITDALE SAN. DIST. 4.1430 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE &FLOOD CONT DIST 0.5080 URBAN DRAINAGE &FLOOD C SOPLAT 0.0610 VALLEY W. DIST. 0.0000 Total 88.5910 10 2009 http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 014922 &offset =l2 2/19/2010 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 (Please print or type all information) Applicant g(CfIARI.'� tI rSRE Address 51 I,Jf1R& ell . Phone 7 - Mc City APWAl-**A State Ld Zip S-fto 7.. Fax Owner (4C94 MA N FK, Address S IJr (4M!A 0. Phone X28' City --- amY A State ro Zip koft- "L Fax Contact ALLR.�b Address 92 M13/1 VF ST # tZS Phone '563 City y oacr A- state to Zip fr0'U'Lo Fax Tai r{fiS 43tL (The person fisted as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff reprint prior to Public Hearing and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 43 15 X6NOAJ ST. W 14f*T 2 1 64E , r n Type of action requested (check one or more of the actions listed below which pertain to your request): Application submlrral requirements on reverse side O Change of zone or zone conditions X$pecial Use Permit O Consolidation Plat O Subdivision: Minor (5 lots or less) O Flood Plain Special Exception O Subdivision: Major (More than 5 lots) O Lot Line Adjustment O Right of Way Vacation O Planned Building Group O Temporary Use, Building, Sign O Site Development Plan approval O Variance/Waiver (from Section ) O Other: Detailed description of request: RE 4 016 51 ID USE A P R d P E 2 Y Z e d Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Z S F Current Zoning: C I --- Proposed Zoning: G - I Current Use: uAAA1"r Proposed Use: AyTo Pk Pkt l2 8 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners muct suhmit rower- of- attornev from the ovmer which aaoroved of this action on his behalf. Subscribed and sworn to me this i day of Notary Public I My commission expires No_ IW409�' CaseNo., Quarter section Map_ / Case Manager `/ �/ 1 —, I Cit or Wheatldge LAND USE APPLICATION FORM CommuN m• DEVELOPMENT Case No: 90100 Date Received 2/23/2070', Related Cases FCase Planner Case Description SUP with site plan to allow major automotive repair AppJic mf /n/oma/mn Name Richard Maher .'., Name Phone [720)89 00808 �.. Address 5785 Ward Rd ',; City Arvada 'State CD Zip 80002 r7wsaerJninnsafivn . Name Richard Maher Name r Phone [720)8980808 Address 5785 Ward Rd City Arvada __. !, State C-7, zip 80002 CovNacf /�dnr®afio� - Name Brent Allred Name I Allred &Associates Phone ](393146 Address 1580 B urban ---- Qty Broomfield State CD Zip[9 ! Zip 80020__ ',.. Address 4395 ,; Street Ixenon Street City Wheat Ridge State CD Zip 80033 �"! Location Description F Project Name - Parcel No. - 3940280012 IDtr9ection: NW20 Distrct No: Pre -App Date 1/14/2010 Neighborhood Meeting Date r App No PPM Revi%Type Review Body,Review Date ! Disposition - ' Comments .. I�=f� J Dispasifmn ' Case Disposition Disposition Date Conditions of Approval I Notes Status lopen _. '= CITY 02/24/10 10:57NANT RID ALLRED 8 ASSOCIATES RECEIPT NO:CDA003869 AMOUNT FMSD ZONING APPLICATION F 459.00 ZONE PAYMENT RECEIVED AMOUNT CI{ 5700 459.00 TOTAL 459.00 s�� � � � - � :, _- r v p v � �-' � J c- 0 � - � u .� �n _ �n� �� :� - m2-�d y ��-�- nti �r. � G� � �Y .�ca- - -2.r° ��- � � IJ /1 �7) /�CXf�L/\ 'W Hi Neighbors., My husband Scott, daughter Anne and I just moved into 4380 Xenon. Scott is a ground water hydrologist and engineer whose office is down the street off Youngfield. I am a retired laboratory geologist and am a part time massage therapist. I am planning to work out of my house on a part time basis. Anne is a sophomore at Wheat Ridge High School The lot on the northwest side at 4395 Xenon is being looked at for commercial development of a diesel truck repair and emissions testing building. We were surprised that the plan for what we thought was a proposal for a small center turned into a much bigger and taller diesel truck repair shop including an emissions testing bay for diesel along with the other 9 or 10 bays and much bigger trucks than we expected. My husband attended the Neighborhood Meeting on February 16, 2010 which is Step 2 of the Special Use Permit Schedule. I am enclosing the copies of handouts from the meeting and copies of the letter from Allred & Associates along with the email Scott sent to the city planner stating his many concerns for the Special Use Permit for 4395 Xenon. I talked to Meredith Reckert a senior planner at the city of Wheat Ridge and our voices and opinions really do count and can make a difference in how we want our street impacted including putting a petition together if necessary. We can do all this during the 10 day noticing and it is imperative to attend the public hearing when it is scheduled before the Planning Commission and City Council. Thank you for your time. I will make sure that you are all kept informed of what is going on and keep everyone updated. You can contact me at 303 - 915 -6100 and dcmefford @msn.com Donna Mefford L -oft Mefford To: mreckert@ci.wheatridge.co.us Subject: Special Use Permit. 4395 Xenon Meredith; Thanks for running the meeting Tuesday evening regarding the Special Use Permit on Xenon. As there was not a spot on the signup list for e-mail, I wanted to send you a note to transfer my e-mail address so it could get into the record for you and for the applicants. As you may recall, I own the home right across the street at 4380 Xenon. Summarizing the meeting, the concerns I have generally relate to the following: Surface Water Runoff Ground Water Mounding Lighting Signage, and the applicants need to be seen from the freeway Availability of Utilities, potential need to upsize water and /or sewer mains, add transformer sites, increase electrical feeds and overhead lines Traffic..Especially the added traffic on Xenon and 42 compounded by the inability to make a left turn onto 40 from Xenon.. Air Quality Issues associated with operation of the 10 diesel truck bays Future CDOT plans for the, intersection and Xenon Building height and setback (or build line) General Compatibility with the neighborhood A couple of special concerns: Percolation ponds are notorious for their inefficiency. They require a lot of maintenance to keep functional, including routine removal of sediment, and prevention of the buildup of a biofilm that reduces the permeability of the seepage bed. Also, they provide an enhanced route for contaminated waters collected from the parking areas and roof tops to reach the ground water regime. Use of porous pavements do not resolve these issues. Runoff from parking areas contain a variety of petroleum products, polycyclic aromatic hydrocarbons, heavy metals, and de -icing products which can get into the ground water and local wells. This is an issue that is currently drawing a lot of attention nationally, especially in areas of shallow water table as we see along Xenon. Finally, such percolation facilities can cause a change in the rate and direction of local ground water flow. This may be compounded in this instance by the seasonal ground water mound which will build under the existing ditches. Although my wife and I have just purchased the property at 4380 Xenon, one of the reasons we purchased it was because of the neighborhood atmosphere. While I believe the applicants are well intentioned, it just seems a 10 bay diesel automotive facility fits better along a major commercial artery like 44 or even Youngfield, rather than in a residential neighborhood. I'm sure they are right, we could have worse neighbors under the current zoning, but I don't find that justification for complacency . In the little time I have spent here, I have been impressed with the perseverance of the neighborhood and their interests in finding some more compatible use for the property. Just because the property is zoned commercial now doesn't mean it couldn't be re -zoned by a new owner for a more compatible residential or RC -1 type use since the lot no longer fronts onto 44 ave. I would be happy to see a residential use, or a small single tenant office building, a doctor's office, engineers office, or any one of a number associated low impact uses that would be more compatible with the area. Finally, I am interested in the longer term plans CDOT and /or Wheat Ridge have for the CDOT easements. If Xenon were to be closed to 44 ` it would seem unlikely that anyone would want to put a liquor store, 7 -11, or other less compatible facility on that site. Although I understand that such plans may be far off, and subject to funding, apparently CDOT was interested enough to secure the easement. Do you know of anyone I could contact to learn more about the future traffic plans for this area? Thanks for your help.. Scott Mefford 2-- d') Ul -P W N � �' fl e }U i 0 IAJ Al a V 0 z z A n N \ V � O o � w I C ` Z � i m c o C c 2) O n N \ V � O o � w I z CD CD (.0 Ul =r X Cr c 0 0q< Q " a) e"F 0 m CD � 0 ` Z � i m o 2) O N D n c 0 O m Q m D o n o a cn ai m CD 00 z W O Ul CD CD n p N U� CD r► O rt N O 3 N Q z CD CD (.0 Ul =r X Cr c 0 0q< Q " a) e"F 0 m CD � 0 3 (.0 O 00 J CY) Cl -P W N p ° J © e s C Lo CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT CURRENT RESIDENT /TENANT 12410 W 44TH AVE 4310 WRIGHT ST 12430 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 12500 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4318 XENON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4395 XENON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 12700 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4375 XENON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4225 XENON ST WHEAT RIDGE CO 80033 CURRENT RESIDENT /TENANT 4355 VIVIAN ST WHEAT RIDGE CO 80033 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WHEAT RIDGE CO 80033 RESID EVANGELINE N MANGONE LIVING TRUST 3021 JOYCE WAY GOLDEN CO 80401 12700 W 44TH AVE WHEAT RIDGE CO 80033 ALLRED &ASSOCIATES February 05, 2010 NOTICE OF NEIGHBORHOOD INPUT MEETING Richard Maher / Performance Wise is proposing a special use permit on the property located at 4395 Xenon Street. A neighborhood meeting will be held on Tuesday February 16, 2010 at 6:00pm — 7:00pm at the City of Wheat Ridge located at 7500 W. 29` Avenue, Wheat Ridge, Colorado. The purpose of the request is to allow residents to view and comment on the proposed light truck repair center. The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property and for Special Use Permits an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearing in front of the 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 hearing. The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • How will this proposal affect my property? • Where will the storm drainage go? • How will the project be designed to enhance rather than detract from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at: (303) 235 -2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29 Avenue Wheat Ridge, Colorado 80033 �s City of c _ Wheat i�e c o OMM - UNITY DEVELOPMENT Wheat Ridge Community Development Department PRE- APPLICATION MEETING SUMMARY Meeting Date: January 14, 2010 Applicant(s): Gordon Ballinger Broker Associate, KW Commercial 11859 Pecos Street, #200 Westminster, CO 80234 eaballinger(�email.com Christopher Ball, SIOR Senior Vice President Fuller Real Estate One Park Central 1515 Arapahoe Street, Suite 1200 cball(ifullercompanv.com Brent Allred Allred & Associates 580 Burbank Street, Suite 125 Broomfield, CO 80020 ballred@allredarch.com Attending Staff- Meredith Reckert - Senior Planner Adam Tietz — Planner Sarah Showalter — Planner II Dave Brossman — Development Review Engineer Mark Westberg — Special Projects Engineer Site Location: 4395 Xenon Wheat Ridge, CO 80033 Existing Zoning: C -1 Existing Comprehensive Plan: Neighborhood Buffer Existing Site Conditions: The property is zoned C -1 with frontage on Xenon Street to the east. There is a small parcel of land directly north of the site that is CDOT -owned right -of -way. Directly north of the CDOT parcel is 44' Avenue. Behind the property, to the west, is a vacant lot zoned Planned Commercial Development (PCD). Directly west of that vacant lot is Youngfield Street and then Interstate -70. The site is currently vacant, with an irrigation ditch that crosses the property. The surrounding uses are a mix of residential and commercial. There are homes, zoned Agricultural -Two (A -2) on the east side of Xenon, as well as three residentially zoned lots to the south of the property. Applicant /Owner Preliminary Proposal: The applicant is proposing to build a one -story building, approximately 6,800 SF, to provide auto and light diesel truck repair. There are 9 drive- through bays proposed, as well as an executive office, waiting room, reception and sales counter, restrooms, and storage. The proposed layout orients the garage bays east -west, with 6 sectional garage doors facing Xenon Street. Proposed building materials include green walls (installed on trellises), stucco and/or galvanized corrugated metal, and stone wainscoting. The plans also include 12 surface parking spaces, two curb -cuts on to Xenon Street (one to the south for bays in the service work shop and one to the north for customer use), landscaping and a detention area. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required for the SUP. Planning comments: The property is located in the Commercial -One (C -1) zoning district, which was established to provide for areas with a wide range of commercial land uses which include office, generally business, and retail sales and service establishments. Based on the list of services provided by the applicant, the use would qualify as major automotive service and repair, which is a special use in the C -1 district. This means that a Special Use Permit (SUP) will be required. The site is within the Contemporary Overlay, established in the Architectural and Site Design Manual (ASDM). This overlay requires a 0' -20' build -to area, which means that the building should be pushed about 10' to the east since the current proposal shows a 30' setback along Xenon. This shift in the building location will hopefully create more room in the rear of the building for vehicular circulation and turning maneuvers to enter the service garage. The site will require a minimum of 20% landscaped area. Landscaped detention area may count toward this requirement. Process Special Use Permit (SUP). The SUP application process requires the following steps: (1) Hold a neighborhood meeting with property owners within 600' of the property (2) Submit SUP application (3) Staff review and approval (4) 10 day posting and administrative notification period (in writing) (5) If no reasonable written objections are received, the case can be administratively approved (6) If reasonable written objections are received, the case will be heard in a public hearing before City Council for approval 2 As part of the formal SUP application, to be submitted after the neighborhood meeting, the applicant should include a revised site plan and more detailed information about vehicular operations on site. Architectural and Site Design Manual (ASDM) The building will be reviewed for compliance with the ASDM, under the category of commercial /industrial. Based on initial drawings, as well as modifications discussed at the meeting, Planning has the following comments related to ASDM requirements: Transparency Requirements: The ASDM requires 40% transparency along Xenon Street. While it is a recognized challenge to add significant glazing to a building of this use, it is recommended that the applicant increase the area of transparency by: - Adding window panels to the sectional garage doors - Increasing the window area for the west fagade of the office area - Adding windows at higher levels, above the garage doors, wherever possible Exterior Materials The applicant has proposed to replace the stucco with corrugated galvanized metal. Per the ASDM, this material would be allowed as an accent only, meaning it may not make up a majority of the fagade. Please include percentage calculations of the total amount of metal versus other materials (doors, windows, wainscoting, etc) at the time of building permit application. The proposed green wall element is aesthetically pleasing and will be a nice addition. We encourage adding green wall trellises to the south elevation, as shown at the meeting. Building Division comments: The Building Division was not present at the meeting. The applicant may contact the Chief Building Official, John Schumacher, directly. His contact information is provided at the end of this document. Public Works comments: The south curb cut on the proposed site plan is approximately twice the maximum 25' width allowed by code, and it is supposed to be a minimum of 25' from the property line to the south. The applicant is encouraged to narrow the proposed curb cut, nearly 50' wide, to approximately 35', as discussed at the meeting. A narrower curb cut may also be possible by adding a small driveway to the south of the proposed structure. From an operational stand point, it would be highly preferred if vehicles entered the garage from the west side of the building and the exited through the bays to the east, on to Xenon. Please include a detailed description of vehicle operations on site for the SUP submittal. On -site water detention and water quality will be required. The applicant is encouraged to contact the owner of the irrigation ditch that crosses the property as soon as possible since they likely will not allow any stormwater from the site to flow into the ditch. Curb and walk will be required along Xenon Street for the entire frontage of the property. Attachments: Pre - application transmittal sheet, Public Works list of requirements Phone Numbers Meredith Reckert — Senior Planner 303- 235 -2848 Adam Tietz — Planner I 303 - 235 -2845 Sarah Showalter — Planner II 303 - 235 -2849 John Schumacher — Chief Building Inspector 303- 235 -2853 Dave Brossman — Development Review Engineer 303 - 235 -2864 Mark Westberg — Special Projects Engineer 303- 235 -2863 0 3 2 4 ?"Y r of W heat T�idge City of Wheat Ridge Pre - Application Transmittal Sheet 2gLeL January 14, 2010 Property location: 4395 Xenon Street Now that the required pre - application meeting has been held, the next steps in the process will be: ® Schedule a neighborhood meeting (required to start SUP process) ® Submit land use application (after neighborhood meeting) After the neighborhood meeting is complete, the following documents are required upon submittal of the SUP Application: ® Pre - application transmittal sheet ® Property deed ® Land use application ® Letter of request ❑ Building permit application ® Property owner consent ❑ Full set of civil drawings ❑ Drainage report ❑ Outline Development Plan ❑ Traffic impact letter ❑ Final Development Plan ❑ Traffic study ❑ Final Plat ❑ Soils report ® Site Plan ❑ Grading /erosion control plan ® Survey /I.L.C. ❑ Electronic copy of Plat (In AutoCAD format) ❑ Other: All of the listed items must be submitted to constitute a complete application. If any of the items are not included in the submittal, the application will be returned without review. City of Wheat Ridge Community Development Department 7500 W. 29 Avenue Wheat Ridge, CO 80033 Building Division - 303.235.2855 Planning Division - 303.235.2846 Inspection line- 303.234.5933 www.ci.wheatridoe.co.us City of ` (`` WheatRiAe_ PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2861 F: 303.235.2857 January 14, 2010 Pre - Application Meeting Truck Repair Center (4395 Xenon St.) Public Works Requirements 2 Copies of the following shall be submitted for review and approval with the Special Use Permit: 1. Site Plan: A Site Plan to include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. Metes & Bounds Legal Description for the boundary of the site and existing /proposed lot lines, completely described with Section ties using bearings on the Current City Datum. d. A Basis of Bearing statement using a Current City Datum section -line bearing. e. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado for the parcel boundary. f A scale and north arrow, date of map preparation, and the name and address of the firm who prepared the map. g. Existing and proposed contours at 2 -ft intervals. h. Adjacent street name(s), distance(s) from the property boundary to the existing Right -of- Way(s), and existing ROW width(s). i. Location of all existing & proposed easements and rights -of -way, fences, walls, drainageways, ditches, buildings to be developed or retained on site. 2 Copies of the following shall be submitted for review and approval with the Building Permit Application (BPA): 2. Final Drainage Report: A Final Drainage Report signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required. The Report must describe how full stormwater flood attenuation detention incorporating water quality measures for the entire site will be achieved. (Please see the attached Site Drainage Requirements). 3. Grading & Erosion Control Plan: A Grading & Erosion Control Plan signed and sealed by a Professional Engineer, including specific details for all BMP's to be utilized both during and subsequent to construction shall be required. iiww.cLwheau'idge.co.us Public Works Engineering January 14, 2010 Page 2 4. Civil Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all public improvements to be constructed, all drainage - related items such as detention ponds, outlet structures, drainageways or pans, and curb & gutter. Include all applicable City standard details and a plan and profile with (to- scale) cross - sections to the street crown or centerline for the improvements along the Xenon Street frontage (please see Note 1 below). NOTES: Information pertaining to the Public Works development requirements, the City's Street Construction Standards & Details in AutoCAD® DWG format, ROW maps, and City -base coordinate and land surveying information is available on the City of Wheat Ridge website at: www. ei. wh e atr i d a e. co. u s 2. Written approval from the ditch company for the proposed modifications to their facility must be submitted for review prior to approval of the Building Permit Application. 3. Submittals will not be considered as being under review until all of the above stated submittal requirements have been received. Incomplete submittals will be returned to the applicant without being reviewed. wii'iV. cLiv heitri dge.co. its (01- 14 -10) 4395 Xenon St (9hek Repair Cemerj.doe 4395 Xenon Street o 30 sa Fool W he, at CO M33�KDI 1 2 14 51�� 4395 Xenon Street CITY OF WHEAT RIDGE 82/18/18 CITY OF5WHEAT RIDGE cdba 12/31/09 3 :16 PH edba Allred & Associates ALLRED 8 ASSOCIATES RECEIPT NO:CDA003558 AMOUNT RECEIPT NO:CDA003842 FMSD ZONING APPLICATION F AMOUNT 100.80 FMSD ZONING MISCELLANEOUS 200.00 ZONE ZONE ZOMI FMSD ZONING MISCELLANEOUS 2.08 PAYMENT RECEIVED AMOUNT ZOMI CK 5633 TOTAL 200.00 200_80 PAYMENT RECEIVED AMOUNT --- - -- - CK 5695 100.00 - - — ------ ------ CA 2.80 TOTAL 102.06 REQUEST: Dear Meredith Reckert. Senior Planner Thank you for the opportunity to present you with this pre - application meeting submittal for "Performance Wise Inc." owners Richard Maher and John Leonard. The project is located at 4395 Xenon Street Wheat Ridge, Colorado. Performance Wise Inc has been a successful business at 5785 Ward Rd Arvada, CO 80002 for six years. They have out grown their existing facility and would like to locate in Wheat Ridge Colorado. The proposed project is a single story building of approximately 6,800 square feet. It consists of an auto service, repair and maintenance area, as described in section 26 -631, totaling 9 drive through bays a small tool shop area, an executive office, waiting room, reception and point of sales counter and restrooms and storage. Enclosed is a description of service conducted by the owners of "Performance Wise Inc." This use meets the intent of Auto Service, repair and maintenance shops, minor. NOTE: All transmission re- building, engine rebuilding major mechanical repair, body work and painting, is done off site and not at this facility. Works performed at this facility include: • Tire rotation • Oil Changes • Brake Repair • Steering and suspension components • Clutch replacement shocks and struts • Radiator flushes and replacement • Power steering flushes and replacement • Differential service —fluid changes, bearing replacement and carrier replacement • Exhaust systems repair • Transmission Fluid and filter changes. • Performance Service — exhaust, chips and tuners, air intake systems, gauge pacs, air bags • Window mechanism and regulator servicing • Battery charging and replacement • Engine • Tune ups • Glow plugs • Gaskets, intake, exhaust • Sensors • Timing belts and components • Water Pumps • Fan belts o Other belts • Fuel pumps and filters • HVAC system services • Diesel Emissions Services COMMERCIAL /INDUSTRIAL DESIGN PRINCIPLES: 1. A new sidewalk is installed along Xenon Street. This sidewalk has the potential to connect to the city sidewalk along West 44`" Avenue. A sidewalk and pedestrian path connects this new public sidewalk to the entrance of the building. 2. The building design is primarily gable in form. Surrounding buildings have simple gable forms as well. "Green Walls" stand off the building fa4ade on the east, west and north elevations by 12 ". These green walls serve to create a solid wall of living plants. Pictures enclosed show a variety of color and texture. The vertical panels of landscape are supported by painted steel structure and brackets. A synthetic stone veneer creates a base around the building. The corners are also wrapped in stone to give substance. The balance of the building between windows is stucco. The building has one step on the North West corner. This creates two roof planes. Multiple roof planes are in keeping with the surrounding neighborhood. 3. Development on this property is achievable with a new concrete culvert in the existing irrigation ditch. This concrete culvert will be sized according to historic flows. Drainage protection during construction will prevent silt runoff into the ditch and gutters. While a corner of the site is allocated for a detention pond, the owners would like to request the direct drainage into either the existing storm sewer or irrigation ditch. 4. The landscape softens the building with "green walls" and trees and low maintenance and water consuming landscape. The green walls will add interest and uniqueness to the building. Access to parking and service bays occurs on Xenon street. A connecting drive on the west is concealed by the building. Landscaping on the south side of the building softens the south elevation adjacent to the existing residence. Note: this residence is currently being used to house a multitude of salvaged vehicles for some business purpose. 5. Pedestrian traffic never has to cross vehicle traffic on site. 6. 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