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HomeMy WebLinkAboutWZ-99-09Sent By: Robinson & Scheurer; Richard J. Scheurer TO: Alan White FROM: Richard Scheurer DATE: July 12, 2000 FAX #: 303- 235 -2857 NUMBER OF PAGES (including this page): 5 _ CLIENT ID#: JEANU COMMF,NTS: Attached is a letter regarding John Elway AutoNation for your information. PLEASE NOTE: IF YOU HAVE NOT RECEIVED ALL THE ABOVE PAGES, PLEASE CALL THE INDIVIDUAL ABOVE AT (303) 985 -2390. THANK YOU, CO DENTLA4 COMMUNICATION THIS MESSAGE IS INTENDED ONLY FOR THE USE. OF THE DESIGNATED RECIPIENT NAMED ABOVE. THIS MESSAGE MAYBE AN ATTORNEY - CLIENT COMMUNICATION AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE 1S NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED I MS DOCUMENT IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBTTED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS BY MAIL. THANK YOU. 303 985 3297; Jul -12 -00 3:23PM; Page 113 ROBINSON & SCHEURER A Professional Corporation ATTORNEYS AT LA W 143 Union Boulevard Suite 625 Lakewood, Colorado 80228 -1827 Telephone (303) 985 -2390 Fax (303) 985 -3297 FAX TRANSMISSION Sent By: Robinson & Scheurer; Richard J. Scheurer 303 985 3297; Jul -12 -00 3:15PM; Page 1/5 ROBINSON & SCHEURER A Professional Corporation ATTORNEYS AT LAW 143 Union Boulevard Suite 625 Lakewood, Colorado 80228 -1827 Telephone (303) 985 -2390 Fax (303)985 -3297 FAX TRANSMISSION TO: Alan White J.R. & Jim Blumenthal Valerie Adams Jerry Dahl Kim Stewart FROM: Richard Scheurer DATE: July 12, 2000 FAX #:303- 235 -2857 303 - 422 -8001 303 - 234 -5924 303 - 376 -5001 303 -866 -7656 NUMBER OF PAGES (including this page): 5 CLIENT ID#: BLUMJ COMMENTS: Attached are the revised uses for the Tabor PCD as discussed. Please check to see if these reflect your understanding and call me with any questions or comments. Thank you, Dick Scheurer PLEASE NOTE: IF YOU HAVE NOT RECEIVED ALL THE ABOVE PAGES, PLEASE CALL TAE INDIVIDUAL ABOVE AT (303) 985 -2390. TIIANK YOU. C NFIDENTIAL COMMUN CATION THIS MESSAGE IS INTENDED ONLY FOR THE USL` OF THE DESIGNATED RECIP[b'NP NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNF.V- CLIENT COMMUNICATION AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF TIES MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRFSS BYMAIL. THANKYOU. Sent By: Robinson & Scheurer; 303 985 3297; Jul -12 -00 3:16PM; TABOR PLANNED COMMERCIAL DEVELOPMENT PERMITTED USES Antique store Art galleries or studios Bakeries, retail Banks, loans and finance offices Bicycle stores Page 2/5 Blueprinting, photo static copying, and other similar reproduction services, however, not including large printing, publishing and/or book binding establishments Boat, camper and travel trailer sales and services Camera and photographic service and supply stores Caterers Child care center Custom fabrication as accessory to a main use Exterminators Floral shops - wholesale Garden supplies stores - wholesale Greenhouses and landscape nurseries, including both wholesale and retail sales of related products, provided, however, that bulk storage or piles of materials, such as manure, peat, top soil, rock, sand, firewood or similar materials„ are screened from view from adjacent properties by a view obscuring fence six (6) feet in height. Bulk storage or piles of such materials shall not be permitted within a front yard setback and shall be no closer than twenty -five (25) feet to a side or rear lot line which abuts residentially zoned property, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the common property line. Interior decorating shop Medical and dental clinics or laboratories Sent By: Robinson & Scheurer; 303 985 3297; Jul -12 -00 3:16PM; Page 3/5 Motor sports sales including but not limited to All Terrain Vehicles, snowmobiles and personal water craft, not including vehicles requiring licensing. Officc /warehouse uses limiting the warehouse component to 90 of the total square footage of the building Offices, general business and professional offices Retail Sales (except those listed in the "Excluded Uses" section below): Schools, public, parochial and private (including private, vocational, trade or professional schools), colleges, universities, preschools and day nurseries (including those commonly accepted as necessary thereto when located on the same premises) Small animal veterinary hospitals or clinics were there are no outside pens or runs for dogs Studio for professional work or teaching of fine arts, photography, music, drama or dance Tailoring, dressmaking or clothing alternation shops, upholstery shops Television, radio, small appliance repair and service shops Trailer sales, including horse, flat bed and enclosed. Trailer, truck and equine related accessories. Limited new truck sales (20 per year). Service is defined as follows: Trailer service including repairing wiring, axles, couplers, floors and other miscellaneous maintenance on new or used trailers not including painting or body work. SIMILAR USES Similar uses are uses which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development; (b) be consistent with the intent of the planned development; (c) not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use; and (d) not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. hiumj\u s- 7122000 Sent By: Robinson & Scheurer; 303 985 3297; Jul -12 -00 3:16PM; Page 415 Similar use determination shall be in conformance with provisions of Section 26- 25(lv)(C)(2) of the Wheat Ridge Code of Laws. EXCLUDED USES Adult book stores Appliance stores Assembly halllconvention center Bars and liquor sales Car Sales Convenience stores Gas stations Government and/or quasi - governmental buildings Heavy industrial uses Motorized vehicles requiring licensing (except for motorcycles and except for up to 20 new trucks annually) Nursing homes Private Clubs Restaurants (fast food and sit down) Stand -alone rental agencies (rental of products ancillary to permitted primary uses shall be allowable) Stand -alone retail auto parts sales (parts, service and repairs ancillary to a permitted primary use shall be allowable) Stand -alone warehouse uses Video stores b"\4 9- 7132(= Sent By: Robinson & Scheurer; 303 985 3297; Jul -12 -00 3:17PM; Page 5/5 RETAIL DEVELOPMENT STANDARDS Site Data Total Acreage (S.F.) 280,090 (6.43 acres) Landscaping required (20 %) 56,018 Building & Parking 224,072 For each 200 S.F. of retail, need 1 parking space or 350 S.F. R + (R/200 x 350) = 224,072 R = 224,072 divided by 2.75 81,481 = percent of site 0.36 Maximum bldg. coverage = 25% of S.F. = 70,023 Maximum Retail S.F. = 75,000 Floor Area Ratio = 25% of S.F. = 70,023 blum }l ®w- 7122000 4 v�. ai �� a�i, iv. aJ aei:i YVJ Y+V JVV1 VVAJU�n niAUiJ igj UUI GORSUCH KIRGIS LLP ATTORNEYS AT LAW TO: ALAN WHITE, PLANNING DIRECTOR OF: WHEAT RIDGE CITY: WHEAT RIDGE FROM: LINDA C. MICHOW, ESQ. DATE: JULY 11, 2000 MESSAGE: CLIENT NAME: Wheat Ridae FILE NO.: . 53027 _ i _ FAX NO.: 303 - 235.2857 PHONE NO.: 303- 235 -2844 THIS MESSAGE MAY CONSTRUTE PRIVILEGED ATTORNEY - CLIENT COMMUNICATION OR ATTORNEY WORK PRODUCT, AND UNAUTHORIZED USE OA DISCLOSURE IS PROHIBITED. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, PLEASE ADVISE US BY CALLING COLLECT AT (303) 376 -5000 AND FORWARDING THE DOCUMENT TO US SY MAIL TO THE ADDRESS LISTED BELOW, NUMBER OF PAGES TO FOLLOW: 12 (not including this page) FOR ASSISTANCE, CALL 303 - 376 -5141 Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 Telephone: (303) 376 -5000 Fax: (303) 376 -5001 wnaL��n ALnvlo WJ UUZ DISTRICT COURT, COUNTY OF JEFFERSON, STATE OF COLORADO Case No. OOCV285, Division 6 Il BRIEF OF PLAINTIFF SKITZO OFFSHORE LLC, a Colorado Limited Liability Company, Plaintiff, vs. THE CITY OF WHEAT RIDGE AND THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO, Defendant. COMES NOW the Plaintiff, by and through its undersigned attomey, and submits its Brief in this matter: I. INTRODUCTION This case arises as a result of the action of the City Council of the City of Wheat Ridge denying the Plaintiff s request for rezoning of a parcel.of Plaintiffs land. The Plaintiffs Complaint contains five claims for relief. The first of these is the claim for relief under C.R.C.P. 106(a)(4), abuse of discretionlexceeding jurisdiction. The second claim for relief is one of inverse condemnation under the Colorado Constitution. The third claim for relief is denial of due process under the United States Constitution and the Colorado Constitution. The fourth claim for relief is a claim for a taking under the Colorado Constitution, Article II, Section 25, and the fifth claim for relief is denial of due process under the United States Constitution Amendment 14. On May 10, 2000, the parties herein filed a motion requesting that the second, third, fourth and fifth claims for relief be held in abeyance pending disposition of the C.R.C.P. 106(a)(4) claim. The Court entered an Order granting that motion on May 15, 2000. W UUo Plaintiff will argue to the Court that a review of the record of proceedings before the Planning Commission and the City Council of Wheat Ridge, Colorado, will reveal that there was no competent evidence presented to either the Planning Commission or the City Council sustaining the City Council's denial of the requested rezoning. In addition, the record will reflect evidence of council persons exceeding jurisdiction and abusing their discretion in applying proper extraneous criteria as a basis of the denial of the requested rezoning. II. FACTUAL BACKGROUND Plaintiff, Skitzo Offshore L.L.C., does business under the trade name of Trailer Source. Trailer Source opened its business in 1997 on a parcel of ground located at 4651 Tabor Street, Wheat Ridge, Colorado, providing trailer sales (predominately equine), trailer supplies and service, and other related services (Record, Section 2, p. 9). Plaintiff conducted the business under the authority of an approved Planned Commercial Development ( "PCD") granting the Plaintiff uses inclusive of trailer supply and service, but also including numerous other commercial uses on the particular site (Record, Section 2, p. 9)- L me larger delivery trucks to the site were unable to turn around on Plaintiff's original parce Therefore, Plaintiff sought to acquire a contiguous 1.3 acre parcel of land from the Colorado Department of Transportation to expand the site and accommodate the truck traffic. This contiguous parcel lies between the Plaintiff's north property and the southerly right -of -way for Interstate 70 at Tabor Street (Record, Section 2, p. 9). (Record, Section 2, p. 38, attached as Exhibit "A" hereto). Plaintiff arranged a neighborhood meeting to discuss the proposed rezoning, at which time neighbors raised issues pertaining to the current sales of all terrain vehicles (ATVs) and snowmobiles (Record, Section 2, p. 10). Plaintiff thereafter submitted an application which blumj\1061b,ief- 6272000 0 Ivi included both the original parcel (3.4 acres), together with the newly acquired 1.3 acre parcel purchased from the Colorado Department of Transportation (Record, Section 2, p. 1). Plaintiff }� maintains that ATV and snow mobile sales and service were allowable "similar uses" under the P`jf provisions of the approved PCD. Nevertheless, in the Application, Plaintiff included, as specifically described uses, the sale and service of snowmobiles and ATVs (Record, Section 3, p. 8). With the inclusion of the 1.3 acre parcel with the original parcel, Plaintiff would be able to accommodate tum- arounds for large delivery trucks which delivered products to the retail store (Record, Section 2, p. 9). Items VC'e� IS J The characteristics of the 1.3 acre parcel are that it is a landlocked parcel between Plaintiff's originally owned parcel and the I -70 right -of -way, and is buffered from any visual impact to the residential neighborhoods on the east by elevated portions of Tabor Street (Record, Section 2, p_ 14 -I6). Access to the 1.3 acres can only be obtained through Plaintiff s originally owned parcel, utilizing an access point on Tabor Street. : 0111 Af 0*4 mt UEs ? Plaintiff filed an application for rezoning of the combined parcels to Planned Commercial AV4"Jea P(--r7 av\ ovtyirbl Development ( "PCD "), which would extend the current uses permitted on the original parcel to the 1.3 acre parcel, and world allow for different configuration for traffic circulation within the comb�_*P Record, Section 2, p. 1, 9). After filing of the Application for Rezoning, staff referred the proposal out to referral agencies who responded with comments and recommendations (Record, Section 2, pp. 49 -68). Staff then prepared a Staff Report in which they recommended approval of the requested rezoning to the Planning Commission and to the City Council (Record, Section 3, pp. 8 -31). After duly provided public notice, the Planning Commission conducted a hearing on September 16, 1999, at which time the Planning Commission bI umjU 06\brief6272000 — -- _... -- ....., o,v w, "VnoL AIAW1 1£9005 took extensive testimony from Plaintiff, Plaintiff's representatives and from concerned citizens (Record, Section 3, pp. 32 -37). In the course of discussions, the Planning Commission noted that the 1.3 acre parcel had no other practical use than to inc it w ithin the PCD of the combined parcels (Record, Section 3, p. 38). *ff cl Staff provided the Planning Commission with the criteria under which rezoning cases will be judged, showing that the Application favorably met the criteria set forth (Record, Section 3, pp. 12 -15). Additionally, the Planning Commission was presented with evidence that the Comprehensive Plan of the City of Wheat Ridge with regard to the subject parcel recommended the commercial uses that were requested (Record, Section 3, p. 13). At the conclusion of the Planning Commission hearing, the Planning Commission recommended approval of the project by a 4-2 vote, making findings that: 11 1. The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. 2. The development standards meet or exceed those of other commercial zones in the City. 3. The Amended Outline and Final Development might resolve the traffic problem with delivery trucks currently occurring on Tabor Street." (Record, Section 3, p. 40) After the hearing and recommendations of the Planning Commission, the rezoning application was scheduled and heard by the Wheat Ridge City Council on January 10, 2000 (Record, Section 1, p. 1). At the hearing before the City Council, Plaintiff supplied evidence showing compliance with the zoning criteria. One neighbor testified before the City Council in opposition to the recommended changes, citing traffic impacts as the major concerns (Record, Section 1, pp. 60 -61). In addition, it was alleged that Plaintiffs use of the original parcel for sales blumj \106\briefl272000 4 of snowmobiles and ATVs was not a permitted use under the approved zoning of that district Plaintiff took exception to that allegation, noting that the written provisions of the approved PCD provided that "similar uses" are permitted in addition to those that are enumerated in the plan, and that snowmobile/ATV uses fell well within the criteria for similar uses (Record Section 1, pp. 38- 40). The City of Wheat Ridge has a prescribed process for the det of whether a specific use (i.e., snowmobile /ATV) is a "similar use" as provided for under the approved zoning. A determination is to be made by the Zoning Administrator (Mr. Alan White), whose decision can be appealed under the provisions of the Wheat Ridge City Code to the Board of Adjustment (Record, Section 1, p. 40). The Board of Adjustment is the final deciding body as to the qualification of a use as a "similar use." No such appeal had occurred at the time of the hearing on the rezoning request before the City Council. At the conclusion of the public hearing, City Council moved for and adopted a resolution denying Plaintiffs request for rezoning (Record, Section 1, pp 71 -72). III. ARGUMENT The denial of the rezoning application for a 1.3 acre parcel located on the southwest Corner of Tabor street and I -70 was both arbitrary and capricious and, consequently, this Court should find that City Council abused its discretion and exceeded its jurisdiction by denying the application. After conducting a public hearing at the Wheat Ridge City Council hearing held January 10, 2000, Councilman Jerry DiTullio moved to deny Council Bill 36, which would have granted Plaintiff's request for rezoning. In so doing, he made only a conclusory statement claiming that the proposed zoning was not in conformance with Wheat Ridge Code, Sections 26- 6(C)(3)(b), blum)1106%briefa272000 subparagraphs 1, 2, 5, and 8 (Record, Section 1, p. 64). The relevant portion of the referenced code details the criteria for review used in approving a change of zone. "(3) Criteria for review .. . (b)1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies or plans for the area; and (b)2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts consid the benefits to be derived and (b)5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating exc essive traffic congestion creating drainage problems, or seriously reducing light and air to adjacent properties; and (b)8. That there is a void in an area or cornrtuunity need that the change of zone witl fit by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives." (Wheat Ridge City Code 26(6)(3))(Record, Section 5, p. 3) With regard to DiTullio finding nonconformance with section 26- 6(C)(3)(b)(1), there is no competent evidence in the record to indicate that the proposed change is not in conformance with the City of Wheat Ridge Comprehensive Plan. Conversely, the staff reports provided to the City p$^ Did � I Council found that "trailer and boat sales land use is compatible with the Multiple Land Use designation," "defined as commercial and/or light industrial uses" (Record, Section 3, pp. 12 -13). "Rezoning the 1.3 acres from agricultural to a commercial use designation is in conformance with the comprehensive plan" (Record, Section 3, p. 13). Moreover, the Planning Commission held that the current A -1 zoning of the 1.3 acre parcel "is not consistent with the City's existing Comprehensive Plan Future Land Use Map" (Record, Section 3, p. 12). As Councilman Ken Siler bI j%IWbdcrc2n000 6 noted, "[i]t makes sense ... that this should be allowed to develop for trailer sales" because it is not logical to use the land for its currently designated purpose, agriculture (Record, Section 1, p. 70)_ The next finding of incompatibility and adverse impacts based on 26- 6(c)(3)(b)(2) is also without substantiation. The Planning Division Staff reported that, in addition to complying with the Comprehensive Plan, the proposed rezoning would be compatible with the surrounding area. The 1.3 acre parcel is completely isolated from the neighboring residential lots and, "[b]eing that the Trailer Source business is approved and is operational on the adjacent 3.03 acres, approval of a rezone for the 1.3 acres to similar use is not determined to be incompatible with the surrounding area and is not anticipated to create significant adverse impacts on the surrounding area" (Record, Section 3, p. 13), Staff member Bob Gobel reported a 28 foot high berm between adjacent residential uses and Plaintiffs proposed uses (Record, Section 1, p. 35). More significantly, there is no competent evidence of incompatibility. Councilman DiTullio then cited 26- 6(C)(3)(b)(5), claiming that the proposal would have a negative impact on "public health, safety or welfare by creating excessive traffic congestion" (26- 6(C)(3)(b)(5)). Insofar as traffic congestion is concerned, there is no evidence in the record t h a t there would be any sig nificant adverse im has been submitted� oppponents. usecj Ong, acv betore Staff reported that "[S]taff believes that the proposed revisions to the circulation plan will help to alleviate adverse impacts to the surrounding area attributable to the delivery trucks backing in or out of the Trailer Source property onto Tabor Street" (Record, Section 3, p. 13). In fact, the staff report found that the "traffic problem of trucks backing onto Tabor Street will be resolved since delivery trucks will be able to turn around on the site" (Record, Section 3, p. 14). Therefore, the blumj \106%defd272000 Councilman's own staff disclosed that approval of the proposed rezoning would actually mitigate the extant traffic congestion rather than negatively affect public health, safety or welfare. "In order for a court to set aside a decision of an administrative body on certiorari review, there must be no competent evidence to support the decision." Ford Leasing Development Company v. Board of County Commissioners of the Counry of Jefferson, 186 Colo. 418, 425; 528 P.2d 237, 240 (1974)(citing Board of County Commissioners v. Simmons, 177 Colo. 347, P2d 85(1972)). "No competent evidence' means that the govertunental body's decision is so `devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority'" Board of County Commissioners v. O'Dell, 920 P.2d 48, 50 (1996)(quoting Ross v. Fire and Police Pension Assn, 713 P.2d 1304, 1309 (1986). In Board of County Commissioners Y. O'Dell, the Colorado Supreme Court determined that there was sufficient evidence to justify the Board's decision to deny an application for subdivision. Board of County Commissioners v. O'Dell, 920 P.2d 50_ Not only did adjacent landowners testify to the negative impacts the subdivision may have on the neighboring rural parcels, but the Board also received a number of letters similarly protesting the proposed subdivision. Id. at 52. The Department of Wildlife sent correspondence regarding the adverse environmental effect it would have on the resident elk population; the Chief of the Fire Protection District wrote a letter regarding the potential danger of limited emergency access and a low water supply; and the Soil Conservation District reported that the high clay content in the soil and the precipitous grade would severely limit the capacity of the land. Id. at 51 -52. Clearly, there were a number of informed authorities contributing to the record and making reasonable assessments as to the fitness of the land. blumPmbrief-6272000 In contrast, City Council in the case at bar did not make an informed decision supported - by competent evidence. There is nothing concrete in the record to support the assertions made by Councilman, DiTullio or his counterparts that suggest the proposed zoning is not in complete conformance with the Comprehensive Plan, The Planning Commission reviewed the material and submitted their recommendation for approval after considering all of the relevant factors. Nevertheless, the City Council denied the application, despite a record replete with testimony and support for the approval of rezoning. Given the evidence on record, it is clear that City Council arrived at its decision by improper means. C.R.C.P 106(a)(4) provides that: "When an inferior tribunal (whether court, board commission or officer) exercising judicial or quasi-judicial functions, has exceeded its jurisdiction or abused its discretion, . jr]eview shall not be extended further than to determine whether the inferior tribunal exceeded its jurisdiction or abused its discretion." The case at bar presents a situation in which the City Council clearly stepped outside the bounds of reason and based their decision on irrelevant factors, thereby abusing their discretion and exceeding their jurisdiction, Apart from the utter lack of competent evidence supporting a denial, the Council spent an inordinate amount of time discussing issues that were not relevant to the proposed zoning. A significant portion of the City Council meeting was devoted to a discussion inappropriately centered around the legality of certain permitted uses on the original lot, contiguous to the 1.03 acres parcel. Not only is this issue irrelevant, but it was wrongly . interpreted by Council members. According to the ordinance passed by the City Council in 1995, the procedure for determining the legality of "similar uses" is to have the uses judged first by a bluuU\ 106ftcffi272000 zoning administer and then, upon appeal, by the Board of Adjustment (Record, Section 1, p. 59). Authority to determine the legality of uses is exclusive to the Board of Adjustment and not within the province of individual members of the current City Council. At the time of the subject hearing, no referral had been made to the Board of Adjustment on whether the ATV and snowmobile sales were, in fact, legal, no hearing had been scheduled to address that issue and no formal citations had been issued to Trailer Source by the zoning administrator. Instead, the City Council seemingly tried to bypass that procedure, preempting the Board of Adjustment and summarily denying the No application. For instance, when explaining her logic for denying the application, Councilwoman Odarka Figlus remarked, "in terms of permitted uses, ...uses that are not listed as permitted uses, to me, are not permitted" (emphasis added)(Record, Section 1, P. 69). This is in direct conflict with city ordinances and the definition of the term "similar use," which was explicitly permitted and included by a previous City Council in the language of Trailer Source's original zoning application (Record, Section 1, P. 55). Additionally, there is testimony in the record warning against the false percep that the Trailer Source owners were in violation of any zoning ordinance, as they had not been cited for any such violation (See generally Record, Section 1, pp. 40-41, 52 -59). IV. CONCLUSION The Wheat Ridge City Council made a decision to deny an application absent any competent evidence which supported the denial. The decision was based upon irrelevant conclusions that were not within the province of the City Council to decide. Moreover, there was abundant information within the record, the vast majority of which was provided by the City blumj \I06\brie£L272000 10 191 012 Council's own Planning Division Staff that supported the approval of the proposed rezoning. The proposed rezoning conformed with the Comprehensive. Plan and the approval of the request would alleviate local traffic congestion and allow the Plaintiff to commercially operate on a 1.3 acre parcel which would otherwise be useless. The standard of review for a 106(x)(4) is strict, but City Council has clearly exceeded the appropriate boundaries of their jurisdiction and abused their discretion. The Plaintiff would invite the Court to examine the record and arrive at the same conclusion: The members of City Council made an arbitrary and capricious decision that demands the review of this Court and invalidation of Council action. Respectfully submitted, ROBINSON & SCHEURER, P.C. By Bichard J. Scficttrer OP371 143 Union Boulev d, Suite 625 Lakewood, Colorado 80228 -1827 (303) 985 -2390 CERTIFICATE OF SERVICE I hereby certify that I delivered a true and correct copy of the above and foregoing Brief of Plaintiff by depositing it in the U.S. Mail, first class postage prepaid. and addressed to: Gerald E. Dahl Linda C. Michow Tower I, Suite 1000 1515 Arapahoe Street Denver, CO 80202 this _,;22�ay of June, 2000. blwry'u06 bnef6272000 11 - . v VVl•JVIL 1111�V1J — '— — — EXHIBIT A t:W%1STIN6 u lkAl WX Sows" OFFI Ci AL ZONING MAP W-QHEA RIDGE COLORADO MAP ADOPTED .1m 1$. 1994 L4*t 144ielc April 7 1998 mp,grrerr a P-*M" No xlnar+el* - 25-= ® AREA REGLpfZING 51TE PLAN APPROVAL ZONE DISTRICT BoLrCRY PARCB/LOT gOUCRY mES1aNAr�s gHIP) CITY LIMIT LINE . De4cTE9 MULTIPL— At=ga55EB WJ ulJ NE 20 .am. 5(,/IL PrGb Sent By: Robinson & Scheurer; 303 985 3297; Seo.,8 -00 3:42PA; Page 215 TABOR PLANNED COMMERCIAL DEVELOPMENT P'FI MITTED USES Antique store Art galleries or studios Bakeries, retail Banks, loans and finance offices Bicycle stores Blueprinting, photo static copying, and other similar reproduction services, however, not including large printing, publishing and/or book binding establishments Boat, camper and travel trailer sales and services Camera and photographic service and supply stores Caterers Child care center Custom fabrication as accessory to a main use Exterminators Floral shops - wholesale Garden supplies stores - wholesale Greenhouses and landscape nurseries, including both wholesale and retail sales ofrelatcd products, provided, however, that bulk storage or piles of materials, such as manure, peat, top soil, rock, sand, firewood or similar materials, are screened from view from adjacent properties by a view obscuring fence six (b) feet in height. Bulk storage or piles of such materials shall not be permitted within a front yard setback and shall be no closer than twenty -five (25) feet to a side or rear lot line which abuts residentially zoned property, or where zoned agricultural. and there is a residential structure within fifteen (15) feet of the common property line. Interior decorating shop Medical and dental clinics or laboratories Sent By: Robinson & Scheurer; 303 985 3297; Seta -.8 -00 3:43PM; Page 4!5 Similar use determination shall be in conformance with provisions of Section 26- 25(1V)(C)(2) of the Wheat Ridge Code of Laws. EXCLUDED USES Adult book stores Appliance stores Assembly hall/convention center Bars and liquor sales Car Sales Convenience stores Gas stations Government and/or quasi- governmental buildings Heavy industrial uses Motorized vehicles requiring licensing (except for motorcycles and except for up to 20 new trucks annually) Nursing homes Private Clubs Restaurants (fast food and sit down) Stand -alone rental agencies (rental of products ancillary to permitted primary uses shall be allowable) Stand -alone retail auto parts sales (parts, service and repairs ancillary to a permitted primary use shall be allowable) Stand -alone warehouse uses Video stores blumiius 912wo 3 Sent By: Robinson & Schaurer; 303 885 3287; Sep -8 -00 3:43PM; Page 5!5 RETAIL DEVELOPMENT STANDARDS Site Data Total Acreage (S.F.) 280,090 (6.43 acres) Landscaping required (20%) 56,018 Building & Parking 224,072 For each 200 S.F. of retail, need 1 parking space or 350 S.F. R + (R/200 x 350) = 224,072 R ° 224,072 divid by 2.75 81,481 = percent of site 0.36 Maximum bldg. coverage = 25% of S.F. = 70,023 Maximum Retail S.F. = 75,()00 Floor Area Ratio — 25% of S.F. = 70,023 bion¶iwM9,2wO 4 Sent : Robinson & Scheurer; Richard J. Scheurer 303 985 3297; Jan -17 -00 12:09PM; Page 2/2 ROBINSON & SCHEVRER A Professional Corporation ATTORNEYS AT LAW 143 Union Boulevard Suite 625 Lakewood, Colorado 80228 -1827 Telephone(303)985 -2390 Fax (303) 985 -3297 January 17, 2000 Wheat Ridge City Council c/o Wanda Sang, City Clerk 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Case No. WZ99 -09 Dear Members of the Wheat Ridge City Council: This letter is a petition for Council reconsideration in the above - referenced matter. The Applicant is prepared to modify its application by restricting uses that would prohibit ATV sales and personal water craft sales, and limit uses to the display and sale of trailers. Further, the application would modify the legal description to be rezoned by limiting the description to that property which is currently zoned A -1. The existing PCD zoning would not change. Only a FDP amendment to accommodate the new display area layout would be required. It was apparent in the course of the hearings that certain council persons had concerns with regard to the permissibility of the current uses of ATV and personal water craft sales and service. The Applicant is aware that the zoning administrator is intending to give notification that these uses are not permitted. According to the procedures established by City Council in September of 1995 under the current zoning, a process is already in place for dealing with the issue of determining whether or not those uses are permitted. Specifically, the Applicant is satisfied with the process that will be involved in the decision of the zoning administrator or the appeal to the Board of Adjustment. It appears at this point that the issue pertaining to permitted existing uses on the PCD parcel will jurisdictionally fall to the Board of Adjustment. Your attention to this request for reconsideration is greatly appreciated. Very y yours, l� / Pichard J. �eurer Attorney for Applicant RJS:rm cc: J.R. Blumenthal blumil1=m \wdj- 1172W0 CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 2 - Carol Snell, 3330 Nelson Street, also thanked the City. Motion by Mrs. Shaver that the Nelson Street conceptual plan (between 32n & 35" Avenues) for traffic speed reduction features and the sidewalk section deemed necessary for the effective and safe operation of the speed reduction features (at #3415) be approved; seconded by Ms. Figlus; carried 8 -0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 35 - An Ord inance_providing for the approval of a Special Use Permit to allow the co- location of a Commercial Mobile Radio Service Antenna (CRMS) on an existing U.S. West monopole located at 3900 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. SUP- 99 -02) (SBA Communications Corporation for Sprint Spectrum, L.P.) Council Bill 35 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1180 assigned. Matt Butler, representing the applicant, was sworn in by the Mayor and asked for approval of application. Meredith Reckert was sworn in by the Mayor and presented the staff report. Motion by Mr. Siler that Council Bill 35 (Ordinance 1180), a request for approval of a Special Use Permit to allow the co- location of CMRS panel antennas on an existing monopole for property located at 3900 Wadsworth Blvd. be approved for the following reasons: 1. A Special Use Permit is required to allow the of CMRS panel antennas on an existing monopole. 2. The co- location could alleviate the need for an additional freestanding facility. 3. The evaluation criteria support approval of this request. With the following conditions: 1. That the Special Use Permit be granted to Sprint Spectrum, L.P. 2. That the service lights be directed away from areas to the east. 3. No additional height be added to the monopole; seconded by Mrs. Worth; carried 8 -0. Item 3. Council 36 - an Ordinance providing for the rezoning from Agricultural -One, A -1, to Planned Commercial Development, PCD, of certain property generally located at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26 -6(C) of the Wheat Ridge Code of Laws. (Case No. WZ- 99 -09) (Trailer Source) - CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 3 - Council Bill 37 - an Ordinance providing for the approval of a first amendment to the Tabor Development Planned Commercial Development (PCD) Outline and Final Development Plan located at 4651 Tabor Street and generally at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26- 25(1X) of the Wheat Ridge Code of Laws. (Case No. WZ- 99 -09) (Trailer Source) Item 3 was introduced by Mr. DiTullio, titles and summary read by the Clerk; Ordinance Numbers 1181 and 1182 assigned. Glen Gidley, representing the applicant, was sworn in by the Mayor. He explained the current operations on the site. The applicant bought the additional property to improve on -site traffic flow and visual access from 1 -70. Martin Omerwas sworn in by the Mayor and presented the staff report Rosanna Colson, 14495 West 46 Drive, was sworn in by the Mayor and spoke in favor of the application. Kim Stewart, 11700 West 46' Avenue, was sworn in by the Mayor. She has no real objection to the corner part; she asked that Council specifically exclude some types of sales, such as personal water craft, ATV's etc. as discussed at the Planning Commission meeting. Mr. Gidley entered a letter addressed to the City of Wheat Ridge into the record, which was written by James B. Sutton, 4549 Tabor Street, who asked for approval of the application. Motion by Mr. DiTullio to deny Council Bill 36 for the following reason: 1. That a change in character in the area has not occurred and that the evidence does not support the findings required by Wheat Ridge Code Section 26- 6(C)(3)(b), subparagraphs 1, 2, 5, and 8, all of which are required by said section, and which subparagraphs are hereby incorporated herein by this reference; seconded by Mr. Edwards; carried 5 -3 with Councilmembers Siler, Hanley, and Mancinelli voting no. Motion by Mr. DiTullio to deny Council Bill 37 for the following reasons: 1. The proposed expanded sales and uses exceed the scope of the original Planned Development approval, which was primarily intended to be horse- related and portrayed as producing limited traffic. 2. The proposed amended development will require the expanded use of semi - trailers which expanded use is not compatible with the adjacent residential and agricultural uses. CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 4 - 3. Adequate evidence has been presented that the traffic and parking generated from the proposed expanded planned development would impede smooth traffic flow on Tabor and impose safety hazards. 4. The addition of retail sales of snowmobiles and all- terrain vehicles and the traffic expected from those uses is projected to compound traffic and parking problems which will adversely affect surrounding areas and traffic safety. 5. The expansion of this planned development district and associated uses are denied based upon evidence deemed persuasive and adequately appearing in the record of the public hearing before the Planning Commission and City Council that such expansion and denied uses as proposed would create excessive traffic, noise, and that such uses would result in a density or intensity of use which would be damaging or deleterious to the stability, unified operation or integrity (both economic and aesthetic) of the surrounding. area. 6. A portion of the property for which this final PCD application is filed has not been rezoned to PCD and is not appropriate for approval of a final PCD application; seconded by Mr. Edwards; carried 5 -3 with Councilmembers Siler, Hanley, Mancinelli voting no. Item 4. Council Bill 38 - an Ordinance concerning a correction to the amendments to the Wheat Ridge Code of Laws to provide for increased penalty limits. Council Bill 38 was introduced on second reading by Mrs. Worth, who also read the title; Ordinance No. 1181 was assigned. Motion by Mrs. Worth that Council Bill 38 (Ordinance 1181) be adopted on second reading; seconded by Mr. DiTullio; carried 7 -1 with Mr. Hanley voting no. Mr. Hanley feels the 1 year jail time is excessive. ORDINANCES O N FIRST READING Item 4. Council Bill 1 - An Ordinance providing for the approval of a change of zone from Residential -Two to Restricted Commercial -One for property located at 3502 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 99 -12) (Roger Loecher) Council Bill 1 was introduced on first reading by Mr. DiTullio, who also read the title and summary. Motion by Mr. DiTullio that Council Bill 1 be approved on first reading, ordered published, public hearing be set for Monday, February 28, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Edwards; carried 8 -0. January 5, 2000 TO WHOM IT MAY CONCERN: Y RECEIVE Y JAN 1 0 2000 It is my understanding that Trailer Source, located at 4651 Tabor Street in WheatRidge, Colorado is currently working with the Zoning Commission with reference to their plans for expansion. Please let this letter serve as our strong recommendation that the City of Wheat Ridge grant the necessary zoning to allow such expansion. I am currently a partner in the LLC which owns the office /warehouse structure at 4549 Tabor Street, directly to the south of Trailer Source. I can attest to the fact that Trailer Source is an excellent neighbor and an asset to the area. The area into which they will be expanding is to be used as additional display area and will create sufficient space for the delivery trucks to turn around on the property rather than having to back onto Tabor Street. This should prove a benefit and an increased safety factor to the neighbors. Additionally, any number of other businesses would create a much higher volume of traffic than trailer sales. Of all possible uses of this land, a trailer display area for an existing company that has proven to be a good neighbor is the least intrusive. I would be happy to add any additional information if you would like to contact me. Sincerely, JAMES B. SUTTON TABOR STREET LLC 4549 Tabor Street WheatRidge, CO (303) 573 -5678 x 108 AGENDA ITEM RECAP AGENDA ITEM January 10, 2000 X PUBLIC HEARINGS _ PROC. /CEREMONIES _ BIDS /MOTIONS INFORMATION ONLY AGENDA ITEM TITLE: QUASI - JUDICIAL X Yes No _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS — ORDINANCES FOR 1 ST READING _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ PUBLIC COMMENT _ RESOLUTIONS WZ -99 -09 /Trailer Source SUMMARY/RECOMMENDATION: Approve C.B. No. 36 rezoning 1.3 acres from Agricultural -One to Planned Commercial Development for property located adjacent to and south of Interstate 70 and west of Tabor Street. Approve C.B. No. 37 amending the 3.03 acre Tabor Development Outline and Final Development Plan/Planned Commercial Development located at 4651 Tabor Street to modify the list of permitted land uses and site development standards and to include the 1.3 acres located adjacent and north of this property as part of the amended Tabor Development Plan. ATTACHMENTS: 1) PC report dated 9 -16 -99 2) PC minutes dated 9 -16 -99 3) Council Bill No.36 4) Council Bill No.37 5) WZ -95 -9; Tabor Development Outline and Tabor Development Final Development Plan (original Trailer Source) BUDGETED ITEM: Yes Fund Dept /Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTIONS: Rezoning from A -1. Agriculture to Planned Commercial Development: Option A: "I move to approve Council Bill 36, Case No. WZ- 99 -09, rezoning 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development for the following reasons: 1. Due to location and access characteristics, the subject property could not reasonably be used for/by any other user than the applicant. 2. Proposed uses for the Planned Commercial Development are not expected to result in significant negative impacts to surrounding property owners and/or property users. The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations. subject to the following conditions: 1. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that deliveries shall be permitted only when the business is open. 2. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 3. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement requirements. 4. The property owner shall meet all criteria and requirements of the Valley Water District. 5. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that drive areas and display areas do not count towards satisfying the landscape requirements. 6. Prior to recordation of the Amended Outline and Final Development Plan, Permitted Use Number 35 shall be removed entirely." Option B: "I move to deny Council Bill 36, Case No. WZ- 99 -09, rezoning 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development for the following reasons: 1. 2. 3." Amendment to Outline and Final Development Plan Option A: "I move to approve Council Bill No. 37, Case No. WZ- 99 -09, approving an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan for the following reasons: 1. The Amended Outline and Final Development Plan resolves a traffic problem with delivery trucks currently occurring on Tabor Street. 2. The development standards meet or exceed those of other commercial zones in the City. 3. The anticipated impacts from the Amended Outline and Final Development Plan are not expected to result in significant impacts to the surrounding area. With the following conditions: 1. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that deliveries shall be permitted only when the business is open. 2. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 3. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement requirements. 4. The property owner shall meet all criteria and requirements of the Valley Water District. 5. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that drive areas and display areas do not count towards satisfying the landscape requirements. 6. Prior to recordation of the Amended Outline and Final Development Plan, Permitted Use Number 35 shall be removed entirely. 7. The applicant shall modify the existing entrance drive in a manner approved by the City to correct the sight distance deficiency on the southbound land of Tabor Street. The applicant shall not be permitted use of the northern 1.03 acres until the existing entrance drive modifications have been constructed and approved by the City." Option B: "I move to deny Council Bill No. 37, Case No. WZ- 99 -09, denying an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan for the following reasons: 2. 3" F:\ Planning \REPORTS \wz99092ndcover.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: January 10, 2000 DATE PREPARED: December 29, 1999 CASE NO. & NAME: WZ -99 -09 CASE MANAGER: Martin Orner ACTION REQUESTED: Rezone 1.3 Acres From A -1 Agricultural to Planned Commercial Development (1.3 Acres), Amend the Outline and Final Development Plan for the Tabor Development Planned Commercial Development (3.03 Acres), and Consolidate 1.3 Acres with Adjacent 3.03 Acres. LOCATION OF REQUEST: Southwest Corner Tabor Street and Interstate 70 (4651 Tabor Street) NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): PRESENT ZONING: PRESENT LAND USE: 1. � 1 lUI 1► 1 U SURROUNDING LAND USE: COMPREHENSIVE PLAN: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: J.R. Blumenthal 4651 Tabor Street Wheat Ridge, CO 80033 Skitzo Offshore, LLC 4651 Tabor Street Wheat Ridge, CO 80033 4.33 Acres Total A -1 Agricultural: 1.3 Acres; Planned Commercial Development: 3.03 Acres 1.3 Acres: Unimproved; 3.03 Acres: Trailer Sales and Service, Personal Recreational Vehicle Sales and Service, Limited Sales of Pick Up Trucks, Outdoor Display N: Interstate 70 then Planned Industrial Development; S: A -1 Agricultural; E: R -2 Residential; W: C -1 Commercial N: Interstate 70 then Commercial and Industrial; S: Large Lot Residential; E: Medium Density Residential; W: Commercial (Truck Stop) Small Office/Business Center December 17, 1999 December 23,1999 December 22, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (I) ZONING ORDINANCE Q SUBDIVISION REGULATIONS (X) CASE FILE & PACKET MATERIALS (X) SLIDES (I) ATTACHMENTS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The application consists of three related requests: 1. Approval to rezone 1.3 acres of land purchased from the Colorado Department of Transportation from A -1, Agricultural to PCD, Planned Commercial Development with associated site development and land use criteria, 2. Approval to amend the Tabor Development Outline and Final Development Plan/Planned Commercial Development to modify the list ofpermitted land uses and site development standards for said Plan, and 3. To legally subdivide and then consolidate the 1.3 acre parcel with the Trailer Source 3.03 acre parcel for a single parcel totaling 4.33 acres (this is considered a Minor Subdivision with only Planning Commission action required. It is presented to City Council for informational purposes only). The case was heard by Planning Commission on September 16, 1999, with a vote of 4 -2 to recommend approval of both the Outline and Final Development Plan and Rezoning to City Council. II. SUNIMARY The original rezoning, CaseNo.WZ -95 -9 from A- 1 Agricultural to Planned Commercial Development of 3.03 acres currently occupied by Trailer Source, was approved by City Council in September of 1995. Said approval created the Tabor Development Final Planned Commercial Development. City Council approval included a development plan reflecting use areas as well as a list of permitted land uses. At the time of the approval, the then current Comprehensive Plan designation for the area was Multiple Land Use, with the application being consistent with said designation. Also approved was the subdivision of the property, creating 3.03 acres for the Trailer Source business and a separate parcel (south of and adjacent to Trailer Source) for an existing residence, which property remained as A -1 zoning. Since the original City Council approval, the property owners have purchased an additional 1.3 .acres of surplus right -of -way from the Colorado Department of Transportation, which property is north of and adjacent to the existing Trailer Source property, and south of Interstate 70. Said additional acreage requires rezoning from A -1, Agricultural to PCD, Planned Commercial Development. At the applicant's neighborhood meeting, questions were raised as to the sale and service of personal recreational vehicles (all terrain vehicles, personal watercraft and snowmobiles) occurring on the Trailer Source Planned Commercial Development (PCD) property. It was suggested that such a land use was not permitted as part of City Council's approval. Staff has researched this issue and has found that sales and service of all terrain vehicles and snowmobiles is not a permitted use of the approved PCD. The Permitted Uses section on page one of the approved Outline Development Plan includes the sale of trailers, a limited number of pick -up trucks (15 or 20 per year; the regulations are inconsistent) and boats. The applicant and his consultant have stated that the sale ofpersonal recreational vehicles, which would include all terrain vehicles and snowmobiles, is permitted as a similar use to the sale of boats, trailers and campers. Staff has studied the existing Outline Development Plan and has found, under the "Description of Project" heading, the following wording, "There will be limited sales of motorized vehicles not to exceed 15% of licensable vehicles, truck accessories, hitches, hitch installation, hitch accessories, dual wheel conversions, trailer repair, undercoating and hardware sales of accessories compatible to the horse industry ". Staff does not interpret this language as permitting the sales of personal recreational vehicles (all terrain vehicles and snowmobiles). Sale and service of personal recreational City Council Page 2 WZ- 99- 09/Trailer Source vehicles, all terrain vehicles and snowmobiles is not listed under the PCD's list of permitted land uses. III. NEIGHBORHOOD MEETING The applicant conducted a meeting on June 29, 1999. The following persons were in attendance: Kim Stewart 11700 W. 46` Ave. Joan Rimbert 4665 Swadley Sally Waddell 4765 Simms Street Ann Keller 4625 Swadley Marilyn Hampton 4755 Simms St. Richard Carson 11781 West 46 Ave. Martin Omer 7500 West 29"' Avenue The following concerns were expressed: Are snowmobile and all terrain vehicle sales and service a permitted land use? Will there be any changes to the driveway? How can delivery trucks parking in the street be prevented? Who controls the Tabor Street bridge? Previous commitments not being honored: High end trailers not being sold, The motor vehicle sales limitation on "horse related uses ". What is planned for property to the south? Trailer parking uses taking place there? Why were trees on the property being removed? An overall plan for all Trailer Source property (referring to A -1 zone property to the south, which is not owned by Trailer Source proper, but is owned by the same ownership as Trailer Source). What about car /truck sales taking place on the subject property? How will this plan affect plans for the erection of sound barriers along I -70? What about increased traffic impacts? How many total trailers will be on the property since previous statements were for 30 trailers and now there are 200 +? Need to seriously amend the proposed list of permitted uses. IV. AGENCY REFERRALS Agencies Referred and Responding: Wheat Ridge Public Works Department: 1. The Consolidation Plat has been forwarded to John McGuire, P.L.S. for review and coordination of subsequent comments. 2. Based upon the proposed scope of this project, a Subdivision Improvement Agreement will not be required. 3. A final drainage report, grading and erosion control plan has been received, and is currently under review. 4. Based upon the proposed scope of this project, engineered construction plans will not be required. 5. A completed Application for Minor Dumping/Landfill Permit, along with fees due, will be needed. City Council Page 3 WZ -99 -09 /Trailer Source 6. The Traffic Division has reviewed this referral with no applicable comments at this time. Police Department - Can serve the proposed development. No concerns. Arvada Fire Department: 1. Per 1997 Uniform Fire Code, recreational vehicle sales lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903 of the Fire Code. A letter from the owner needs to be provided clarifying motorized personal recreation vehicles as to the type of vehicles. If recreation vehicles are sold or stored at the site, now or in the future the provisions of Section 901.6 will apply as follows: A. Access lanes will need to be a minimum of 24 feet within the sales and storage area and capable of supporting the imposed loads of 52,000 pound fire apparatus. UFC 97 902.3 Amended. B. Culverts or bridges will need to be capable of supporting the imposed loads of 52,000 pound fire apparatus. C. Water lines and fire hydrants would need to be installed and operational prior to completion of the site. D. The turning radius will need to be enlarged if the existing plan remains to a 38 foot outside and 26 foot inside radius with a four foot bumper overhang to permit fire apparatus to move within the site. UFC 97 902.2.2.3. E. Need information on the proposed security gate and direction of swing. 2. May have additional comments when the requested information is provided. Valley Water District: 1. Additional water mainlines and hydrants may be needed to meet AFPD requirements. 2. The existing tap and service line serves the existing structure. Any new structures would require taps and lines for each structure. 3. If any additional mainlines and hydrants are required, 30 foot easements to meet Valley and Denver Water specifications would be needed. Jefferson County Planning: No comments. Wadsworth Ditch Company: 1. Letter dated July 30, 1999 states: "We have requested that Mr. Blumenthal provide the Wadsworth Ditch Company with legal description of the 20 foot easement through this property. He has verbally agreed to this request." State Department of Transportation: No Comments. Public Service Company: 1. Letter dated August 2, 1999: While the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. City Council Page 4 WZ -99 -09 /Trailer Source Agencies Referred but not Responding: Fruitdale Sanitation District US West TCI Wheat Ridge Post Office Other Comments: Wheat Ridge Building Division Wheat Ridge Forestry Division Bayou Ditch Company Brown and Baugh Ditch Company In a memo from Senior City Planner Meredith Reckert to Alan White, Director of Planning and Development, Ms. Reckert states that City Council representatives had received communications from area residents about the sale of boats, snowmobiles and all terrain vehicles occurring on the Trailer Source property. The Memo states that the sale of boats is permitted by the Planned Commercial Development but that snowmobiles and all terrain vehicles are not permitted. The memo also stated that Trailer Source began using the land purchased from Department of Transportation in violation of the City Zoning Regulations by placing trailers for sale on the property. V. REZONING and AMENDMENT TO OUTLINE AND FINAL DEVELOPMENT PLAN REVIEW CRITERIA The City's Code of Laws provides the following review criteria to be used when evaluating requests for rezoning. Staffs response to the criteria is separated for the 1.3 acre parcel presently zoned A -1, and the 3.03 acres presently zoned Planned Commercial Development: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. 1.3 Acres: There is no error in the zoning classification. The property's A -1 zoning is not consistent with the City's existing Comprehensive Plan Future Land Use Map, which designates the property as Small Office/Business Center. Commercial trailer and boat sales are not permitted on A -1 zoned property but are permitted in some commercial zone districts. 3.03 Acres: There is no error in the zoning classification. The applicant requests amending the existing Planned Commercial Development to include the sale of all terrain vehicles and snow- mobiles, using a portion of the water retention area as display area, increasing the amount of retail sales permitted on the premises previously limited to wholesale sales, making circulation changes which would allow delivery trucks to turn around on the premises, and keeping one semi - tractor trailer truck on the property. 2. That a change in character in the area has ccurred due to installation of public facilities, other zone changes, new growth trends, deterior4tion, or development transitions. 1.3 Acres: A change of character in the area is apparent with the 1995 approval of the original Trailer Source Planned Commercial Development, and more recently the 1996 Case No. WZ -96 -11 for 4549 Tabor Street, being City Council approval of a zone change from A -1 to PCD to allow a 13,500 square foot office /warehouse building two lots south of the Trailer Source property. 3.03 Acres: A change of character in the area is apparent with 1996 case No. WZ -96 -11 for 4549 Tabor City Council Page 5 WZ -99 -09 /Trailer Source Street when City Council approved a zone change from A -1 to PCD to allow a 13,500 square foot commercial/industrial building south of the Trailer Source property. 3. In addition to #2, that the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. 1.3 Acres: The A -1 zone designation is not consistent with the Comprehensive Plan use designation of Small Office/Business Center. At the time of the September 16,1999 Planning Commission hearing for this case, the adopted Comprehensive Plan land use designation for the property was Multiple Land Use. Multiple Land Use was defined as, ......all kinds of land uses provided that these uses do not cause adverse effect to the adjacent development ". Rezoning of the 1.3 acres for the proposed land uses was in conformance with this designation. Since the Planning Commission hearing, City Council adopted the updated Comprehensive Plan which provides a land use designation for this area as Small Office/Business Center, which is defined as: Workshops Contractor /trades Repair and equipment shops Professional services Research and development facilities and laboratories Offices. Attributes of these uses are described as: Small office or incubator space which does not require high visibility from well traveled streets but may have a retail component as an accessory use. Well landscaped. No visible outdoor storage; trash areas screened. Vehicular circulation is handled internally on the site. Amenities such as outdoor sitting and eating areas and pathways should be encouraged on site for employees. All materials, equipment, vehicles, and activities are enclosed within the primary structure. Due to the outdoor storage nature of the Trailer Source business, the fact that it is primarily a retail business and is dependent on visibility from well traveled streets (I -70), the proposed uses for the 1.3 acres are not consistent with the Small Business /Office Center land use designation. Nonetheless, the use is consistent with the approved Trailer Source business to the south, and is a logical use for this unusual piece of property. 3.03 Acres: The 3.03 acres are already zoned for commercial uses. At the time of the September 16, 1999 Planning Commission hearing for this case, the adopted Comprehensive Plan land use designation for the property was Multiple Land Use. Multiple Land Use was defined as, ......all kinds of land uses provided that these uses do not cause adverse effect to the adjacent development." The existing Trailer Source business and the land use was in conformance with this designation. Since the Planning Commission hearing, City Council adopted the updated Comprehensive Plan which provides a land use designation of Small Office/Business Center. As described above, the nature of the Trailer Source City Council Page 6 WZ -99 -09 /Trailer Source business is not in conformance with the Small Office/Business Center land use designation. Nonetheless, amending the Tabor Street Outline Development Plan for the uses proposed is not expected to create substantial new negative impacts to the surrounding area. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 1.3 Acres: Being that the Trailer Source business is approved and is operational on the adjacent 3.03 acres, approval of a rezone for the 1.3 acres to similar uses is not incompatible with the surrounding area and is not anticipated to create significant adverse impacts on the surrounding area. 3.03 Acres: Staff believes that the proposed revisions to the circulation plan will help to alleviate adverse impacts to the surrounding area attributable to the delivery trucks backing in or out of the Trailer Source property onto Tabor Street. Expanding the list of items permitted for sale on the property may result in traffic and noise impacts to the surrounding area. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. 1.3 Acres: Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The city does not capture sales tax from the sale of trailers registered for road use. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The traffic problem of trucks backing onto Tabor Street will be lessened since delivery trucks would be able to turn around on the site. 3.03 Acres: Staff does not anticipate any social or recreational benefits to the City from amending the uses for the existing PCD. Benefits to the City would be in the form of alleviating delivery truck problems on Tabor Street resultant from creating an on -site turn around area. The City does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The amended plan proposes the retail sale from floral shops and garden supply stores, where the existing development plan limited these uses to wholesale only. Should these retail sales ever happen on this site, the City would realize an economic benefit from sales tax collections. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. 1.3 Acres: The Valley Water District and the Arvada Fire Department have responded with comments which indicate that additional facilities may be necessary for adequate service to the project area. Increasing the sales display area onto the 1.3 acres may result in more traffic generation on Tabor Street. Increasing the list of permitted land uses to include more retail sales items may result in increased traffic on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to cars exiting the business at Tabor Street. 3.03 Acres: In addition to the Valley Water District and Arvada Fire District comments, adding retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Access onto Tabor Street from the Trailer Sourceproperty currently entails constrained visibility to cars exiting the business at Tabor Street. City Council - Page 7 WZ -99 -09 /Trailer Source 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 1.3 Acres: Approving the rezoning of the A -1 zoned property will help reduce the traffic problems of delivery trucks backing onto Tabor Street. Impacts to the surrounding area in the form of traffic and noise may result from the addition of retail sales items to the List of Permitted Land Uses. 3.03 Acres: Permitting the sale and service of all terrain vehicles and snow mobiles (personal recreational vehicles) may result in increased noise and traffic within the surrounding area. Adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. 8. That the property cannot reasonably be developed under the existing zoning conditions. 1.3 Acres: Due to the size of, access to and triangular shape of this property, it could not reasonably be developed by anyone other than the applicant. 3.03 Acres: The property is currently developed. The applicant's business is growing, reflected in their purchase of the 1.3 acres and their requested retail sales land use changes. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 1.3 Acres: Rezoning this property to Planned Commercial Development for the uses proposed is not in conformance with the Comprehensive Plan. Nonetheless, the use is consistent with the approved Trailer Source business to the south, and is a logical use for this unusual piece of property. Approving the rezone for the 1.3 acres is not interpreted as spot zoning. 3.03 Acres: This property is already approved and developed for commercial uses. Amending the Tabor Street Outline Development Plan for the uses proposed is not interpreted as spot zoning. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. This application has been submitted in response to business needs and opportunities recognized by the applicant. With the exception of all terrain vehicle and snowmobile retail sales, floral and garden supply retail sales, the majority of the proposed land uses have previously been approved by the City Council for the Trailer Source property. VI. PLANNING COMMISSION ACTION On September 16, 1999, the Planning Commission heard this case. Public testimony against the application was received with truck traffic on Tabor Street, inclusion of the property to the south as part of the overall development plan, sales of all terrain vehicles, snowmobiles and personal water craft as not permitted land uses, City Council - Page 8 WZ- 99- 09/Trailer Source and signage being the predominant elements of concern. The applicant maintained that the sale of all terrain vehicles and snowmobiles is a permitted use. Staff stated that Planning and Development Department interpretation of sales and service of personal watercraft is that said craft are similar to boats and therefore a permitted land use. The property owner, Mr. Blumenthal, said that some employees were parking on the property to the south, but that he would move all employee parking to the Trailer Source property. He said that he would limit the hours of test drives for all terrain vehicles and snowmobiles to 8 a.m. to 5 p.m. Monday through Saturday and that the test drive area would be limited to the western area of the property. He said he would limit the sign on Tabor to a non - illuminated type with a maximum size of five feet high and 50 square feet in area. Discussion regarding the sale of recreational vehicles and motor homes transpired with the Commission and the applicant agreeing that the list of permitted uses be revised to prohibit the sale of automobiles and the sale of motorized campers and motor homes. The applicant agreed to limit the time of deliveries to normal business hours. He also stated that his business had purchased a semi - tractor trailer truck so that he could have control of deliveries. Having the truck would enable him to pick up the all terrain vehicles, snowmobiles, personal watercraft and trailers, thereby bypassing the problems of independent delivery services parking on Tabor Street. Concerning truck traffic on Tabor Street, the applicant stated that the Colorado Department of Transportation (CDOT) placed specific requirements on the applicant when Trailer Source first sought access onto Tabor Street. Trailer Source apparently has conformed to the requirements of CDOT. The City's Public Works Department and the applicant have agreed that in order to aid the visibility for cars exiting the Trailer Source property, the applicant would raise the height of the driveway where it meets Tabor Street thereby allowing car drivers to see over the Tabor Street bridge guard rail for better visibility to the north. The applicant has agreed to widen the driveway on the south side to allow semi - trucks to enter and exit the property without needing to back up. The applicant has agreed to install signage on Tabor Street adjacent to his property advising truckers that parking on Tabor is not permitted. The internal driveway design would permit the turnaround of semi - trucks on site as opposed to the current design which requires large trucks to back up onto Tabor Street. Planning Commission voted 4 to 2 in favor of recommending approval of this case, with amended conditions, to City Council. Staff has incorporated the Commissions amended conditions into the recommended motion. VII. STAFF CONCLUSIONS The applicant is proposing the following changes to the development plan: EXISTING PLAN Personal Recreational Vehicle sales and service not permitted Floral Shop - retail Equipment Rentals not permitted screened from public rights -of -way and adjacent properties PROPOSED PLAN permitted permitted screened from public rights -of -way and properties City Council Page 9 WZ -99 -09 /Trailer Source Parking of semi - trucks not addressed permitted & trailers whole loading and unloading Overall Landscaped Area 25% minimum 20% minimum Parking one Semi - tractor not addressed permitted trailer truck on site The applicant proposes using a portion of the storm water retention area/landscape area for display area. The applicant has agreed with staff to limit the use of this area to approximately half of the retention area, and has stated that their reason for this use is to prevent customer parking in the retention area and simultaneously to make the best use of available land. The 1.3 acres purchased from the Department of Transportation is a logical addition to the Trailer Source development plan. It is not likely that any other user can be identified for this property, other than a billboard company. The amended development plan continues to prohibit billboards. Expanding the Trailer Source business onto the 1.3 acres may result in increased traffic on Tabor Street. Should retail floral and garden supply sales occur on the property, increased traffic on Tabor Street may occur. The Development Plan's design to permit delivery truck turn- around on the property appears to be a good idea. The applicant indicates that he has purchased a semi - tractor trailer truck so that he may have control over deliveries of inventory. This should help to reduce truck traffic entering and exiting the site. The applicant has stated that the gates in front of the property will likely be locked overnight, meaning if any other delivery trucks arrive early in the morning, they will still have to park on Tabor Street, which was a significant concern expressed during the neighborhood meeting. The sale and service of all terrain vehicles and snowmobiles (personal recreational vehicles) is not a permitted use on the current development plan. The applicant and their representative interpret the wording under "Description of Project" on the existing Outline Development Plan as permitting this use, although these uses do not appear under the "Permitted Uses" heading of the existing Outline Development Plan. The applicant has recognized this problem and has added the sale and service of "personal recreational vehicles" to the list of permitted land uses on the amended development plan. From attending the neighborhood meeting and discussing this case with other Planning Department staff, it has become apparent that neither the neighbors nor City staff anticipated the use of sales and service of personal recreational vehicles during the 1995 Trailer Source Outline and Final Development Plan application. VIIL RECOMMENDED MOTIONS Rezoning from A -I Agriculture to Planned Commercial Development: Option A: "I move to approve Council Bill 36, Case No. WZ- 99 -09, rezoning 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development for the following reasons: 1. Due to locational and access characteristics, the subject property could not reasonably be used for/by any other user than the applicant, 2. Proposeduses forthe Planned Commercial Development are not expectedto result in significant City Council Page 10 WZ -99 -09 /Trailer Source negative impacts to surrounding property owners and/or property users, The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations, subject to the following conditions: 1. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that deliveries shall be permitted only when the business is open. 2. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 3. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement requirements. 4. The property owner shall meet all criteria and requirements of the Valley Water District. 5. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that drive areas and display areas do not count towards satisfying the landscape requirements. 6. Prior to recordation of the Amended Outline and Final Development Plan, Permitted Use Number 35, shall be removed entirely." Option B: "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be DENIED for the following reasons: 1. 2. 3." Amendment to Outline and Final Development Plan Option A: "I move to approve Council Bill No. 37, Case No. WZ- 99 -09, approving an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan for the following reasons: 1. The Amended Outline and Final Development Plan resolves a traffic problem with delivery trucks currently occurring on Tabor Street, 2. The development standards meet or exceed those of other commercial zones in the City, 3. The anticipated impacts from the Amended Outline and Final Development Plan are not expected to result in significant impacts to the surrounding area. With the following conditions: 1. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that deliveries shall be permitted only when the business is open. 2. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 3. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement requirements. City Council Page 11 WZ- 99- 09/Trailer Source 4. The property owner shall meet all criteria and requirements of the Valley Water District. 5. Prior to recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state that drive areas and display areas do not count towards satisfying the landscape requirements. 6. Prior to recordation of the Amended Outline and Final Development Plan, Permitted Use Number 35, shall be removed entirely. 7. The applicant shall modify the existing entrance drive in a manner approved by the City to correct the sight distance deficiency on the southbound land of Tabor Street. The applicant shall not be permitted use of the northern 1.03 acres until the existing entrance drive modifications have been constructed and approved by the City." Option B: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be DENIED for the following reasons: 1. 2. 3." City Council Page 12 WZ -99 -09 /Trailer Source CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: September 16,1999 DATE PREPARED: September 3, 1999 CASE NO. & NAME: WZ -99 -09 CASE MANAGER: Martin Orner ACTION REQUESTED: Rezone 1.3 Acres From A -1 Agricultural to Planned Commercial Development (1.3 Acres), Consolidate 1.3 Acres with Adjacent 3.03 Acres, and Amend the Outline and Final Development Plan for the Tabor Development Planned Commercial Development (3.03 Acres) LOCATION OF REQUEST: Southwest Corner Tabor Street and Interstate 70 (4651 Tabor Street) NAME & ADDRESS OF APPLICANT(S): J.R. Blumenthal 4651 Tabor Street, Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Skitzo Offshore, LLC 4651 Tabor Street, Wheat Ridge, CO 80033 APPROXIMATE AREA: 4.33 Acres Total PRESENT ZONING: A -1 Agricultural: 1.3 Acres Planned Commercial Development: 3.03 Acres PRESENT LAND USE: 1.3 Acres: Unimproved 3.03 Acres: Trailer Sales and Service, Personal Recreational Vehicle Sales and Service, Limited Sales of Pick Up Trucks, Outdoor Display SURROUNDING ZONING: N: Interstate 70 then Planned Industrial Development; S: A -1 Agricultural; E: R -2 Residential; W: C -1 Commercial SURROUNDING LAND USE: N: Interstate 70 then Commercial and Industrial; S: Large Lot Residential; E: Medium Density Residential; W: Commercial (Truck Stop) COMPREHENSIVE PLAN: Multiple Land Use DATE PUBLISHED: DATE POSTED: August 27, 1999 August 31, 1999 DATED LEGAL NOTICES SENT: August 27, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE O SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. ATTACHMENT 1 � "" I. REQUEST The application consists of three related requests: 1. Approval to amend the Tabor Development Outline and Final Development Plan/Planned Commercial Development to modify the list of permitted land uses and site development standards for said Plan. Because the uses and development standards are proposed for amendment, this action constitutes a rezoning according to Section 26 -6(c) of the Wheat Ridge Code of Laws. 2. Approval to rezone 1.3 acres of land purchased from the Colorado Department of Transportation from A -1, Agricultural to PCD, Planned Commercial Development with associated site development and land use criteria, and 3. To consolidate the 1.3 acres parcel with the Trailer Source 3.03 acre parcel (included for informational purposes, requires administrative approval only). IL CASE HISTORY The attached original rezoning map (Case No.WZ -95 -9) from A -1 Agricultural to Planned Commercial Development of 3.03 acres currently occupied by Trailer Source, was approved by City Council in September of 1995. Said approval created the Tabor Development Outline and Final Development Plan Planned Commercial Development. City Council approval included a development plan reflecting use areas as well as a list of permitted land uses. Also approved was the subdivision of the property, platting 3.03 acres for the Trailer Source business. Since the original City Council approval, the property owners have purchased an additional 1.03 acres of surplus right -of -way from the Colorado Department of Transportation, which property is north of and adjacent to the existing Trailer Source property, and south of Interstate 70. Said additional acreage is the subject of the rezone request and the smaller parcel for the lot consolidation plat approval. As part of the case history, City Code Enforcement Staff contacted the property owner regarding the display of trailers on the 1.3 acres zoned A -1, which is in violation of City Code. The property owner complied with staff s request and moved the trailers off of the A -1 zoned property. The property owner has also erected signage on the fence adjacent and oriented to Interstate 70, which is in violation of City Code. Upon notification of this violation, the property owner agreed to remove the fence signage. At the applicant's neighborhood meeting, questions were raised as to the sale and service of all terrain vehicles and snow mobiles occurring on the Trailer Source Planned Commercial Development (PCD) property. It was suggested that such a land use was not permitted as part of City Council's approval. Staff has researched this issue and has found that sales and service of all terrain vehicles and snow mobiles is not a permitted use of the approved PCD. The Permitted Uses section on Page One of the approved Outline Development Plan includes the sale of trailers, a limited number of pick -up trucks (15 per year) and boats. The applicant and his consultant have stated that the sale of personal recreational vehicles, which would include all terrain vehicles and snowmobiles, is permitted as a similar use to the sale of boats, trailers and campers. Staff has studied the existing Outline Development Plan and has found, under the "Description of Project" heading, the following wording, "There will be limited sales of motorized vehicles not to exceed 15% of licensable vehicles, truck accessories, hitches, hitch installation, hitch accessories, dual wheel conversions, trailer repair, undercoating and hardware sales of accessories compatible to the horse industry". Staff does not interpret this language as permitting the sales of personal recreational vehicles. Sale and service of all terrain vehicles and snowmobiles is not listed under the PCD's list of permitted land uses. i III. NEIGHBORHOOD MEETING The applicant conducted a meeting on June 29, 1999. The following persons were in attendance: Kim Stewart 11700 W. 46` Ave. Joan Rimbert Sally Waddell Ann Keller Marilyn Hampton Richard Carson Martin Omer 4665 Swadley 4765 Simms Street 4625 Swadley 4755 Simms St. 11781 West 46t Ave. 7500 West 29 Avenue The following concerns were expressed: Are snow mobile and all terrain vehicle sales and service a permitted land use? Will there be any changes to the driveway? How can delivery trucks parking in the street be prevented? Who controls the Tabor Street bridge? Previous commitments not being honored: High end trailers not being sold, The motor vehicle sales limitation on "horse related uses ", What is planned for property to the south? Trailer parking uses taking place there? Why were trees on the property being removed? An overall plan for all Trailer Source property (referring to A -1 zone property to the south, which is not owned by Trailer Source proper, but is owned by the same ownership as Trailer Source), What about car /truck sales taking place on the subject property? How will this plan affect plans for the erection of sound barriers along I -70? What about increased traffic impacts? How many total trailers will be on the property since previous statements were for 30 trailers and now there are 200 +? Need to seriously amend the proposed list of permitted uses. IV. AGENCY REFERRALS Agencies Referred and Responding: Wheat Ridge Public Works Department: 1. The Consolidation Plat has been forwarded to the John McGuire, P.L.S. for review and coordination of subsequent comments. 2. Based upon the proposed scope of this project, a Subdivision Improvement Agreement will not be required. 3. A final drainage report, grading and erosion control plan has been received, and is currently under review. 4. Based upon the proposed scope of this project, engineered construction plans will not be required. 5. A completed Application for Minor Dumping/Landfill Permit, along with fees due, will be needed. 6. The Traffic Division has reviewed this referral with no applicable comments at this time. Planning Commission Page 3 WZ- 99- 09 /trai lersource A -3 Police Department - Can serve the proposed development. No concerns. Arvada Fire Department: 1. Per 1997 Uniform Fire Code, recreational vehicle sales lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903 of the Fire Code. A letter from the owner needs to be provided clarifying motorized personal recreation vehicles as to the type of vehicles. If recreation vehicles are sold or stored at the site, now or in the future the provisions of Section 901.6 will apply as follows: A. Access lanes will need to be a minimum of 24 feet within the sales and storage area and capable of supporting the imposed loads of 52,000 pound fire apparatus. UFC 97 902.3 Amended. B. Culverts or bridges will need to be capable of supporting the imposed loads of 52,000 pound fire apparatus. C. Water lines and fire hydrants would need to be installed and operational prior to completion of the site. D. The turning radius will need to be enlarged if the existing plan remains to a 38 foot outside and 26 foot inside radius with a four foot bumper overhang to permit fire apparatus to move within the site. UFC 97 902.2.2.3. E. Need information on the proposed security gate and direction of swing. 2. May have additional comments when the requested information is provided. Valley Water District: 1. Additional water mainlines and hydrants may be needed to meet AFPD requirements. 2. The existing tap and service line serves the existing structure. Any new structures would require taps and lines for each structure. 3. If any additional mainlines and hydrants are required, 30 foot easements to meet Valley and Denver Water specifications would be needed. Jefferson County Planning: No comments Wadsworth Ditch Company: Letter dated July 30, 1999 states: "We have requested that Mr. Blumenthal provide the Wadsworth Ditch Company with legal description of the 20 foot easement through this property. He has verbally agreed to this request." State Department of Transportation: No Comments Public Service Company: Letter dated August 2, 1999: While the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. Agencies Referred but not Responding: Fruitdale Sanitation District US West Wheat Ridge Police Department Wheat Ridge Forestry Division Planning Commission Page 4 WZ- 99- 09 /trailersource /4-Y TCI Wheat Ridge Post Office Wheat Ridge Building Division Other Comments: Bayou Ditch Company Brown and Baugh Ditch Company In a memo from Senior City Planner Meredith Reckert to Alan White, Director of Planning and Development, Ms. Reckert states that City Council representatives had received communications from area residents about the sale of boats, snowmobiles and all terrain vehicles occurring on the Trailer Source property. The Memo states that the sale of boats is permitted by the Planned Commercial Development but that snow mobiles and all terrain vehicles are not permitted. The memo also stated that Trailer Source began using the land purchased from Department of Transportation in violation of the City Zoning Regulations by placing trailers for sale on the property. V. REZONING and AMENDMENT TO OUTLINE AND FINAL DEVELOPMENT PLAN REVIEW CRITERIA The City's Code of Laws provides the following review criteria to be used when evaluating requests for rezoning. Staff s response to the criteria is separated for the 1.3 acre parcel presently zoned A -1, and the 3.03 acres presently zoned Planned Commercial Development: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. 1.3 Acres: There is no error in the zoning classification. The property currently zoned PCD was previously zoned A -1. Although A -1 zoning is not in error, it is not consistent with the City's existing Comprehensive Plan Future Land Use Map, which designates the property as Multiple Land Use. Commercial trailer and boat sales are not permitted on A -1 zoned property but are permitted in some commercial zone districts. The trailer and boat sales land use is compatible with the Multiple Land Use designation. 3.03 Acres: There is no error in the zoning classification. The applicant requests amending the existing Planned Commercial Development to include the sale of all terrain vehicles and snow mobiles, using the water retention and landscape areas as display area, increasing the amount of retail sales permitted on the premises previously limited to wholesale sales, removing the screening requirement for rental equipment, and making circulation changes which would allow delivery trucks to turn around on the premises 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. 1.3 Acres: A change of character in the area is apparent with the 1995 approval of the original Trailer Source Planned Commercial Development, and more recently the 1996 case No. WZ -96 -11 for 4651 Tabor Street being City Council approval of a zone change from A -1 to PCD to allow a 13,500 square foot commercial /industrial building south of the Trailer Source property. These newer Planning Commission W Z- 99- 09 /trai lersource Page 5 ` i 14—J commercial and industrial uses approved for these parcels are consistent with the City's Comprehensive Plan designation of Mixed Use. 3.03 Acres: A change of character in the area is apparent with 1996 case No. WZ -96 -11 for 4651 Tabor Street when City Council approved a zone change from A -1 to PCD to allow a 13,500 square foot commercial /industrial building south of the Trailer Source property. No new growth trends, deterioration or development transitions have taken place which would support the necessity to add additional items for sale to the development plan. No new growth trends, deterioration, or development transitions have taken place which would necessitate the use of previously delineated water retention areas or landscape areas for display uses. No new growth trends, deterioration, or development transitions have taken place which would necessitate having rental items visible to public rights -of -way. 3. In addition to #2, that the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. 1.3 Acres: The A -1 zone designation is not consistent with the Comprehensive Plan use designation of Mixed Use. Mixed Use is defined as commercial and /or light industrial uses, not agricultural uses. Rezoning the 1.3 acres from agricultural to a commercial use designation is in conformance with the Comprehensive Plan. Since this is a request for Planned Commercial Development zoning, the commercial uses of the property can be customized to create a minimal impact on the neighborhood on what was surplus highway property. 3.03 Acres: The 3.03 acres are already zoned for commercial uses in conformance with the Comprehensive Plan. The land use and circulation amendments requested are also consistent with the Comprehensive Plan Future Land Use Map. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 1.3 Acres: Being that the Trailer Source business is approved and is operational on the adjacent 3.03 acres, approval of a rezone for the 1.3 acres to similar uses is not determined to be incompatible with the surrounding area and is not anticipated to create significant adverse impacts on the surrounding area. This is provided that the applicant adhere to the sign regulations governing the Planned Commercial Development and that approval of the list of permitted land uses will not result in significant adverse impacts to the surrounding area. 3.03 Acres: Staff believes that the proposed revisions to the circulation plan will help to alleviate adverse impacts to the surrounding area attributable to the delivery trucks backing in or out of the Trailer Source property onto Tabor Street. Expanding the list of items permitted for sale on the property may result in traffic and noise impacts to the surrounding area. The applicant has agreed to revise the language on the amended plan to retain the requirement for screening of rental equipment from surrounding right -of -way and properties. The applicant has agreed to stop placing signage /advertising on the fence facing Interstate 70. Planning Commission WZ- 99- 09 /trai lersource Page 6 N� 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. 1.3 Acres: Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The city does not capture sales tax from the sale of trailers registered for road use. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The traffic problem of trucks backing onto Tabor Street will be resolved since delivery trucks would be able to turn around on the site. 3.03 Acres: Staff does not anticipate any social or recreational benefits to the City from amending the uses for the existing PCD. Benefits to the City would be in the form of alleviating delivery truck problems on Tabor Street resultant from creating an on -site turn around area. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The amended plan proposes the retail sale from floral shops and garden supply stores, where the existing development plan limited these uses to wholesale only. Should these retail sales ever happen on this site, the City would realize an economic benefit from sales tax collections. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. 1.3 Acres: The Valley Water District and the Arvada Fire Department have responded with comments which indicate that additional facilities may be necessary for adequate service to the proj ect area. Increasing the sales display area onto the 1.3 acres may result in more traffic generation on Tabor Street. Increasing the list of permitted land uses to include more retail sales items may result in increased traffic on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to southbound Tabor Street traffic. 3.03 Acres: In addition to the Valley Water District and Arvada Fire District comments, adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to southbound Tabor Street traffic. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 1.3 Acres: Approving the rezoning of the A -1 zoned property will help reduce the traffic problems of delivery trucks backing onto Tabor Street. Impacts to the surrounding area in the form of traffic and noise may result from the addition of retail sales items to the List of Permitted Land Uses. 3.03 Acres: Permitting the sale and service of all terrain vehicles and snow mobiles (personal recreational vehicles) may result in increased noise and traffic within the surrounding area. Adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Planning Commission Page 7 WZ- 99- 09 /trailersource 14— 8. That the property cannot reasonably be developed under the existing zoning conditions. 1.3 Acres: Due to the size of, access to and triangular shape of this property, it could not reasonably be developed by anyone other than the applicant. 3.03 Acres: The property is currently developed. The applicant's business is growing, reflected in their purchase of the 1.3 acres and their requested retail sales land use changes. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 1.3 Acres: Rezoning this property to Planned Commercial Development for the use proposed is in conformance with the Comprehensive Plan and zoning to the south and is therefore not spot zoning. 3.03 Acres: This property is already approved and developed for commercial uses. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. This application has been submitted in response to business needs and opportunities recognized by the applicant. With the exception of all terrain vehicle and snow mobile retail sales, floral and garden supply retail sales, and rental items visible from public rights -of -way and adjacent properties, the majority of the proposed land uses have previously been approved by the City Council for the Trailer Source property. VI. STAFF CONCLUSIONS AND RECOMMENDATION The.applicant is proposing the following changes to the development plan: EXISTING PLAN Personal Recreational Vehicle sales and service not permitted Floral Shop - retail Equipment Rentals Parking of semi - trucks & trailers whole loading and unloading Overall Landscaped Area not permitted screened from public rights -of -way and adjacent properties not addressed 25% minimum PROPOSED PLAN permitted permitted not screened from public rights -of -way and properties permitted 20% minimum Planning Commission WZ -99 -09 /trailersource Page 8 M Additionally, the applicant proposes using the storm water retention area/landscape area for display area. The applicant has agreed with staff to limit the use of this area to approximately half of the retention area, and has stated that their reason for this use is to prevent customer parking in the retention area and simultaneously to make the best use of the land area. The 1.3 acres purchased from the Department of Transportation is a logical addition to the Trailer Source development plan. It is not likely that any other user can be identified to use this property, other than a billboard company. The amended development plan continues to prohibit billboards. Expanding the Trailer Source business onto the 1.3 acres may result in increased traffic on Tabor Street. With the expansion of the business onto the 1.3 acres, reducing the minimum landscape area to 20% of site area is still in excess of the minimum required (10 %), but less than the previous plan. Under the City's requirements, 19 street trees along I -70 and 14 street trees along Tabor would be required. In addition, The City's landscape requirements for non - residential zones would require the applicant to plant additional trees or shrubs for every 1,000 square feet of lot area (190 trees or shrubs). Adding retail floral and garden supply sales to the list of permitted land uses is not expected to have any negative impacts. The amendment to allow rental merchandise be visible from public- rights -or -way may create negative visual impacts to the surrounding property owners and roadway users. Development plan designs to permit delivery truck turn- around on the property is a good idea. The gates in front of the property will likely be locked overnight, meaning delivery trucks arriving early in the morning will still have to park on Tabor Street, which was a significant concern expressed during the neighborhood meeting. No standards have been provided for the proposed sign shown on the development plan. Under the sign code, the square footage of the sign is dependent upon the size of the building on the property, but the square footage may be increased by 50% because the business is located within one - quarter mile of the interstate. The code allows one sign per street frontage, or a maximum of two signs per development. Also within one- quarter mile of the interstate, a sign may have a height of 50 feet. Staff is concerned about the potential size and height maximum of this sign. The sale and service of all terrain vehicles and snowmobiles (personal recreational vehicles) is not a permitted use on the current development plan. The applicant and their representative interpret the wording under "Description of Project" on the existing Outline Development Plan as permitting this use, although these uses do not appear under the "Permitted Uses" heading of the existing Outline Development Plan. The applicant has recognized this problem and has added the sale and service of "personal recreational vehicles" to the list of permitted land uses on the amended development plan. From attending the neighborhood meeting and discussing this case with other Planning Department Staff, it has become apparent that neither the neighbors nor city staff anticipated the use of sales and service of personal recreational vehicles during the 1995 Trailer Source Outline and Final Development Plan application. Attached under Exhibit B, is a memorandum form the applicant's representative regarding the sale of personal recreation vehicles, landscaping, expansion of uses and comments from the neighborhood meeting. Planning Commission Page 9 WZ- 99- 09 /trailersource VII. RECOMMENDED MOTIONS Rezoning from A -1 Agriculture to Planned Commercial Development: Option A: "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for APPROVAL for the following reasons: 1. Due to locational and access characteristics, the subject property could not reasonably be used for/by any other user than the applicant. 2. Proposed uses for the Planned Commercial Development are not expected to result in significant negative impacts to surrounding property owners and/or property users. 3. The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations. 4. Rezoning the property to Planned Commercial Development for the uses proposed is consistent with the City's existing Comprehensive Plan. subject to the following conditions: 1. The property owner shall provide details of the proposed sign prior to City Council. 2. The property owner shall install at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement request. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall be limited to paved areas and limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting towards satisfying this requirement." Option B: "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." Planning Commission WZ -99 -09 /trailersource Page 10 A l o Amendment to Outline and Final Development Plan Option A: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for APPROVAL for the following reasons: 1. The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. 2. The Amended Outline and Final Development Plan resolves a traffic problem with delivery trucks currently occurring on Tabor Street. 3. The development standards meet or exceed those of other commercial zones in the City. 4. The anticipated impacts from the Amended Outline and Final Development Plan are not expected to result in significant impacts to the surrounding area. With the following conditions: 1. The property owner shall adhere to City of Wheat Ridge sign regulations. 2. The property owner shall install, at their expense and with the review of the City Planning Department and Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria and requirements of the Arvada Fire Department for drive aisle widths and radii and locations of fire hydrants. 5. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement request. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and/or serviced on the property, test driving shall be limited to paved areas and the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing)of frontage on I -70 (19 trees) and Tabor Street (14 trees). In addition, The City's landscape requirements for non - residential zones would require the applicant to plant additional trees or shrubs for every 1,000 square feet of lot area (190 trees or shrubs). Staff believes that this is excessive and would recommend that the landscaping as shown, plus the street tree requirement, would be satisfactory. 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting towards satisfying this requirement." Option B: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for DENIAL for the following reasons: 1. 2: 3." Planning Commission WZ- 99- 09 /trailersource Page 11 4 -l/ Consolidation Plat: Option A: "I move that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of the plat will consolidate the parcels under one ownership. 2. Approval of the plat provides the unified control required for a Planned Commercial Development." Option B: "I move that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." Planning Commission Page 12 ff WZ -99 -09 /trailersource CASE NO.WZ99 - LOCATION MAP NEST I -TO FRONTAGE R'J � KZ_75 -1IB a - � _ _ r � / 'LARtTILTIT CEtRER I' I I I I I / A - A-1 / ; //i Pt -I / { j g6-11r GL/ TABOR ST A PROPEiiT16/ // C -1 11iiam W 49TH AVE ✓ ° o _ -_ - SHUINWAY r L RE -SUB THE I z II L _-� w_ 75 07 A- I - I AREA REQUIRING SITE PLAN APPROVAL I / ZON I ^ C7 MAF ChVI5 Fvt OR El,9CI Ml G AMT. G -I DESJGNATES OWNERSHIP) COLORADO WZ - ?5 Ie DES 10PMHYT - - -- WATER FEATURE MAP ADOPTED: June 15, 1994 Last Revision: April 7, 1998 DENOTES MULTIPLE ADDRESSES CORP. r , WESTLAKE P SUB 1 - i OFFICIAL ® AREA REQUIRING SITE PLAN APPROVAL I / ZON I ^ C7 MAF —ZONE DISTRICT BOUNDRY WHcf�T R1 DC6F DESJGNATES OWNERSHIP) COLORADO ` —'`' CITY LIMIT LINE - - -- WATER FEATURE MAP ADOPTED: June 15, 1994 Last Revision: April 7, 1998 DENOTES MULTIPLE ADDRESSES PROSPECT PARK PLACE P CL wz -e4 -I HZ-0 2 N E 20 rr�aTM 0 b qp ]OJ yV 4V SCALE 1' =400 A -13 7. PUBLIC HEARING A. Case No. WZ- 99 -09: An application submitted by J. R. Blumenthal for approval of a rezoning from Agricultural -One to Planned Commercial Development, approval of an amended Outline and Final Development Plan, and approval of a consolidation plat for property located at 4651 Tabor Street. This case was presented by Martin Omer. He reviewed the staff report and presented overheads and slides of the subject property. All pertinent documents were entered into the record and Mr. Omer advised that there was jurisdiction to hear the case. Staff recommended approval of the application with certain conditions as outlined in the staff report. Commissioner SNOW asked for clarification about landscaping. Mr. Omer replied that there is presently 25% landscaping as approved in 1995. The applicant is proposing to landscape 20% of the combined overall site. In response to a question from Commissioner SNOW, Mr. Omer replied that snowmobiles and all terrain vehicles (ATV's) are classified as personal recreational vehicles. Small water craft (such as jet skis and wave runners) are classified as boats. Commissioner THOMPSON expressed concern that Tabor Street was not constructed to accommodate semi - trailer trucks. Also, she wanted consideration given to the fact that semi drivers ignore "no parking" and "no truck traffic" signs. She felt that if semi's are allowed to deliver onto the property, the access drive needs to be made adequate and have adequate sight triangles, and that semi's must be able to park on the property and not outside of it. She expressed concern that this property not develop into RV sales or industrial use. Commissioner MACDOUGALL expressed concern about the noise factor associated with test driving of ATV's. Commissioner DOYLE inquired about screening of rental vehicles from adjacent properties. Mr. Omer stated that it was his understanding that the applicant has agreed to screen rental equipment areas from Tabor Street. (Vice Chair GOKEY announced a brief recess at 8:50 p.m. The meeting was reconvened at 9:10 p.m.) Glen Gidley 8684 West Warren Drive, Lakewood Mr. Gidley, representing the applicant, was sworn in by Vice Chair GOKEY. He stated that because businesses have to respond to the market, the applicant took advantage of the opportunity to obtain an Artie Cat franchise a year after they opened business. The franchise includes ATV's, snowmobiles and jet skis. They have been operating this component of business for two years and, according to owner's records, the majority of ATV's and Planning Commission Page 2 September 16, 1999 ATTACHMENT 2 snowmobiles are used by ranchers. The predominant testing of ATV's occurs after the% are assembled on -site. All but three or four display ATV's are stored inside. He believed that ATV's and snowmobiles fall under the classification of "other similar uses" and could find nothing in writing that states these are not permitted uses. Mr. Gidley reviewed the site plan and stated that the applicant purchased the subject triangle of land primarily to take care of problems associated with delivery. He noted that. while the code requires 10% landscaping, the plan provides 20 %; the frontage on Tabor exceeds minimum requirements for street trees; and the I -70 frontage road is a state highway and street tree requirements should not apply (the applicant wants visibility from I -70). In regard to neighborhood concerns, Mr. Gidley stated that the applicant plans to place a sign on the property to prohibit delivery trucks from parking there and, if drivers park there anyway. the neighbors can call the police and drivers will be ticketed. He noted that the plan configuration will allow trucks to turn around on the site and that the owners have also purchased their own semi -truck to pick up products and deliver them to their site in order to decrease delivery trips by other trucks. He stated that the owner makes one order a year for ATV's, snowmobiles and jet skis which results in one delivery per year. He stated that trees were removed along the irrigation ditch at the request of the ditch company. In regard to neighborhood comment that 30 trailers were allowed and now there are 200, he stated that the applicant has always had over 200 trailers in inventory. In regard to detention area concerns, parking on a regular basis will not be allowed and customer parking will take place on hard surfaces. In regard to concerns about semi's, Mr. Gidley stated that the area north of I -70 is an industrial area with three access points, one of which is Tabor Street. His client's business didn't bring the semi's to this area. He stated that the applicant averages two semi deliveries per week. He included the prohibition of semi trucks and trailer parking from adjacent commercial zone districts to ensure that the truck stop will not be allowed to expand onto this site and that, even if the applicant sold his property to the truck stop, the truck stop could not use the land to park trucks. In conclusion, he stated that the business generates a substantial amount of revenue for the city and asked for approval of the application. Jim Blumenthal 7048 Torrey, Arvada Mr. Blumenthal, President of Trailer Source, was swom in by Vice Chair GOKEY. In rega *ti to concerns about weeds on his property, he explained that he usually sprays them three times a year, but this year he was waiting until the subject parcel was approved so that he could spray the entire area at one time. In response to a question from Commissioner COLLINS, Mr. Blumenthal said he would be willing to move the driveway gate further down the driveway, but felt that this could encourage trucks to park there for the weekend. Mr. Blumenthal stated that parking has not been allowed in the detention area since neighbors complained. He stated that there have been 13 semi -truck Planning Commission Page 3 September 16, 1999 deliveries over the past 90 days and that his plan would allow for semis to turn around on the property before exiting onto Tabor Street. In regard to a question from Commissioner DOYLE. Mr. Blumenthal stated that US West placed a silt fence on the property. Commissioner SNOW wanted assurance that flatbed trailers used by the applicant to haul snowmobiles not be interpreted to mean flatbed trailers for semi - trucks. Commissioner SNOW also expressed concern that the language was not specific enough to prevent semis from waiting to load or unload at adjacent businesses. Mr. Gidley stated that he would reword the plan to make sure that this concern is addressed. Mr. Gidley assured the Commission that his client has no intention of selling RV's or motor homes. Commissioner SNOW asked about storage of ATV's. Mr. Gidley explained that they have approximately ten assembled ATV's and the others are stored in crates until such time as they need to be assembled. Commissioner THOMPSON expressed concern about the owner's semi -truck and asked if the truck could be listed as a special use to preclude future owners from having several semi's on the property. Mr. Gidley replied that he would include that requirement in the development plan. In response to a question from Commissioner THOMPSON, Mr. Gidley explained that the Colorado Department of Transportation (CDOT) dictated the width of the applicant's driveway. Commissioner MACDOUGALL asked if the pond located west of the building would be filled in when the area is re- graded. Mr. Blumenthal replied that this low area is actually for the collection of oil from a floor drain and was required by Fruitdale Sanitation District to keep oil from draining into nearby ditches. Commissioner MACDOUGALL also requested the applicant to cut the weeds south of the main building. Commissioner SNOW asked if there was adequate room for the largest semi to turn around on the property. Mr. Blumenthal replied there was adequate room for the longest single trailer which is approximately 53 feet in length. In regard to concerns about double trailers making deliveries onto the property, he stated that it would simply not be feasible for double trailers to make deliveries to the property. In response to a question from Commissioner GOKEY, Mr. Blumenthal stated that no existing landscaping will be removed and that additional landscaping will be added to the new piece of property. Mr. Blumenthal commented that it is hard to control semi's parking because drivers change frequently, etc. and companies will sometimes send one order on three partial loads. In order to address that problem, he stated that his company has a contract with his personal water craft supplier which will allow him to send his own semi to pick up their entire order at one time. Planning Commission Page 4 September 16, 1999 Commissioner THOMPSON requested that hours of test driving be spelled out and that the plan be rewritten to ensure that future owners cannot use this area for an ATV track. Vice Chair GOKEY asked to receive public comment. Mr. White reminded the Commission that there is another application on the agenda and Commission bylaws state that no public hearing shall be started after 11:00 p.m., except upon a majority vote of the Commission. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that the rules be suspended to continue the meeting in order to hear the second case on the agenda after 11:00 p.m. The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. Kim Stewart 1700 West 46th Avenue Ms. Stewart was sworn in by Vice Chair GOKEY. She stated that the neighborhood's quality of life has been affected by the increased traffic and the ingress /egress from the property since the inception of this business. In 1995 the applicant said they would have a minimal impact on the neighborhood because few people could afford the high -end customized horse trailers. She expressed concern about fire protection access to her neighborhood and noted that in addition to semi's, Trailer Source customers also park in traffic lanes on Tabor. She didn't believe the plan would alleviate the semi -truck problems. Ms. Stewart stated that things had changed since the neighborhood meeting until this hearing. She felt that personal recreational craft were out of compliance with the zoning and did not fit in with horse related equipment (a limitation that was previously negotiated.) She also stated that the 7000 pound empty weight limitation for vehicles using Tabor is violated all the time and that the police department doesn't respond to complaints concerning this matter. She stated that the neighborhood does not want future owners of this land to have the ability to sell cars and RV's. Ms. Stewart requested that the plan not be approved until a total site plan is submitted to include the property immediately to the south of Trailer Source and that Trailer Source demonstrate the ability to conform to the current zoning for at least 3 -6 months before bein> allowed to have any additional considerations. She further requested that Trailer Source not be allowed to sell personal water craft, ATV's or any other motorized vehicles not allowed under present zoning and that the sale of boats be removed as sales items. She asked that there be no zoning change that would allow any type of floral sales, wholesale or otherwise; that Trailer Source be held accountable for the endangerment of traffic on Tabor as their customers and providers continue to park there during heavy use times; and that Trailer Source not be allowed to utilize the property to the south as a parking lot until such time as the zoning is changed. She stated that the proposed plan will increase traffic and traffic hazards and will not alleviate the Planning Commission Page 5 September 16, 1999 problem of semi's or other vehicles getting in and out of Trailer Source or being there before or after the business is open. She stated that the company has not honored current zoning and citizen questions about these violations which have not been addressed until the present time. She felt the matter appears weighted in favor of the business. Commissioner THOMPSON asked if there was anything that would prevent a future owner from turning this property into car dealership. Mr. White replied that this could not occur unless the plan is amended to allow car sales. In response to a question from Commissioner THOMPSON, Mr. White replied that camper trailers and boat sales were allowed in 1995. Commissioner SNOW asked Ms. Stewart what she felt could go in this area without having an impact on the neighborhood. Ms. Stewart replied that the neighborhood is asking for an over- all honest plan rather than doing it piecemeal.; and that they feel semi - trucks are dangerous on Tabor Street. Ed Moreno 4655 Swadley Street Mr. Moreno was swom in by Vice Chair GOKEY. He stated that his biggest concern in 1995 was that semi's would not be able to adequately turn in and out of the property and this has proved to be true. He stated that it is very dangerous for semi's to park on Tabor. He requested that the city install sidewalks for the school children in this area. He also expressed concern about glare from additional advertising signs. He asked the Commission to deny this request because it will increase existing traffic problems. Rita Bader 4675 Swadley Street Ms. Bader was sworn in by Vice Chair GOKEY. She expressed concern about drainage and noted that the neighborhood has experienced flooding for the first time in thirty years. She was not sure if the flooding was related to Trailer Source. She expressed concern about fire safety and illuminated signs. She wanted to know the plans for the property to the south. Ann Keller had signed up to speak, but stated that Kim Stewart addressed her concerns. Vice Chair GOKEY asked if there were others present who wished to address this matter. Hearing no response, Glen Gidley returned to the podium for rebuttal. Regarding horse - related business, the applicant is continuing to do that; however, the additional uses such as selling. ATV's are permitted under Wheat Ridge ordinance. He commented that there will probably be a rezoning request for the property to the south at some time in the future, but the applicant doesn't have a plan for that land right now. He stated that the applicant is not parking Trailer Source vehicles on that property now. He agreed that the city should install sidewalks on Tabor Street. He stated the applicant is attempting to mitigate the delivery problems by acquiring his own semi which should decrease deliveries by one - third. He further noted that, although there has been discussion about major traffic problems, there have been no accidents since this business opened in 1996. Planning Commission Page 6 September 16, 1999 Commissioner COLLINS asked if any Trailer Source employees are parking on the south lot. Mr. Blumenthal said that 2 -3 employees park in that area, but he would agree to disallow that if it is the Commission's wish. Commissioner COLLINS expressed concern about selling jet skis, etc. since they are not horse related. Mr. Blumenthal stated that the horse business has changed and sales are down and he is simply accommodating the changes in his business. He also stated that he does not anticipate ever expanding onto the property next door. Commissioner THOMPSON asked if the applicant would be willing to build a non - illuminated monument sign on Tabor Street rather than a 25 -foot high sign as allowed under the code. Mr. Blumenthal agreed to this request. Commissioner DOYLE asked how much of the business is related to water craft. Mr. Blumenthal replied that this year he ordered for 65 snowmobiles, 70 ATV's and 15 water craft. Commissioner DOYLE asked if he would consider eliminating the water craft. Mr.. Blumenthal explained that taking on the line of Attic Cat involves the entire line which includes generators, ATV's, snowmobiles and water craft. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that the hearing be continued until a new plan is formulated to move the gate back 60 feet to take some traffic off of Tabor and allow for some designated parking areas. Commissioner SNOW stated that if the motion fails, she would make a motion to deny the application. The applicant asked for a continuance to a date specific. In response to a question from Commissioner THOMPSON, Mr. White stated that if this request is denied, the applicant's next step would be to appeal to the City Council. Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS' motion died for lack of a second. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1 Agricultural to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the following reasons: 1. The proposed expanded sales and uses do not meet the intended use of the original development which was primarily to be horse- related and portrayed as producing limited traffic. 2. This business needs the use of semi - trailers which are not compatible with the adjacent residential and agricultural uses. Planning Commission Page 7 September 16, 1999 3. Adequate evidence has been presented that the traffic and parking generated from this business impedes smooth traffic flow on Tabor and imposes safety hazards. 4. The addition of retail sales of snowmobiles, all- terrain vehicles, and water craft and the traffic expected from those uses is projected to compound the traffic and parking problems already caused by this business. Commissioner GOKEY commented that traffic reports have not indicated a traffic hazard. there have been no accidents in the area, and the Police Department has indicated no objections. Commissioner SNOW responded that she takes testimony from the neighbors as evidence of traffic problems. Commissioner THOMPSON stated that, while she understands the neighbor's concerns as well as the applicant's concerns, she felt that if the application is denied and proceeds to Council there would be no way for the Commission's concerns to be presented and she would therefore vote against the motion for denial. Commissioner SNOW stated that, although she felt the applicant has done his best to fit in with the neighborhood, this is a situation that cannot be remedied to make it compatible with the neighborhood. The motion failed by a vote of 2 to 4 with Commissioners THOMPSON, DOYLE, GOKEY and MACDOUGALL voting no and Commissioner BRINKMAN absent. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for APPROVAL for the following reasons: 1. Due to location and access characteristics, the subject property could not reasonably be used for or by any other user than the applicant. 2. The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations. 3. Rezoning the property to Planned Commercial Development for the uses proposed is consistent with the City's existing Comprehensive Plan. Subject to the following conditions: 1. The property owner shall provide details of the proposed Tabor Street sign prior to City Council. This sign shall be no more than 5 feet in height, no more than 50 square feet total, and will not be illuminated. Planning Commission Page 8 September 16, 1999 2. The property owner shall install, at their expense and with the review of the City Public Works Department, required sign(s) on Tabor Street and adjacent to the property business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy their easement requirements. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall occur on the western end of the property, with speed limits not to exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas, such as test tracks, shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting toward satisfying this requirement. 10. No more than one semi -truck can be parked on this property overnight and this condition would be for this owner only. 11. The list of permitted uses shall be changed to include No. 37 which would exclude the sale of automobiles on this property; and No. 38 which would exclude the sale of RV /motor homes. A correction shall be made to the permitted uses under N^. 14 that it would read: "Parking of automobiles of clients, patients and patrons or occupants of adjacent commercial districts, except no parking of semi - trucks or trailers except while actively loading or unloading." Commissioner COLLINS offered an amendment to exclude Item No. 35 from the list of permitted uses. This amendment was accepted by Commissioners THOMPSON and MACDOUGALL. Planning Commission Page 9 September 16, 1999 Commissioner SNOW moved and Commissioner COLLINS seconded to delete Item 7, and that snowmobiles, all- terrain vehicles and watercraft are specifically excluded. The motion failed by a vote of 3 to 3 with Commissioners GOKEY, THOMPSON, and DOYLE voting no and Commissioner BRINKMAN absent. A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote of 4 -2 with Commissioners SNOW and COLLINS voting no. Commissioner SNOW requested the record to reflect that she voted against the motion for the same four reasons as noted in her original motion to deny Case No. WZ -99 -09 found on page 7. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for APPROVAL for the following reasons: 1. The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. 2. The development standards meet or exceed those of other commercial zones in the City. 3. The Amended Outline and Final Development might resolve the traffic problem with delivery trucks currently occurring on Tabor Street. With the following conditions: 1. The property owner shall provide details of the proposed Tabor Street sign prior to City Council. This sign shall be no more than 5 feet in height, no more than 50 square feet total, and will not be illuminated. 2. The property owner shall install, at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. Planning Commission Page 10 September 16, 1999 5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy their easement requirements. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall occur on the western end of the property, with speed limits not to exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas, such as test tracks, shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting toward satisfying this requirement. 10. No more than one semi -truck can be parked on this property overnight and this condition would be for this owner. 11. The list of permitted uses shall be changed to include No. 37 which would exclude the sale of automobiles on this property; and No. 38 which would exclude the sale of RV /motor homes. That a correction be made to the permitted uses under No. 14 that it would read: "Parking of automobiles of clients, patients and patrons of occupants of adjacent commercial districts, except no parking of semi - trucks or trailers except while actively loading or unloading." Commissioner COLLINS commented that he felt traffic problems would be increased as a result of this plan approval. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that reason no. 3 be deleted. The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to amend condition No. 9 to read: "The property owner shall maintain a ratio of 25% landscaping on the acreage included in the original planned development." The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. Planning Commission Page 1 I September 16, 1999 It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON to amend Condition No. 11 by deleting the words "except while actively loading or unloading." The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote of 4 -2 with Commissioners COLLINS and SNOW voting no and Commissioner BRINKMAN absent. Commissioner SNOW requested the record to reflect that she voted against the motion for the same four reasons as noted in her original motion to deny Case No. WZ -99 -09 found on page 7. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of the plat will consolidate the parcels under one ownership. 2. Approval of the plat provides the unified control required for a Planned Commercial Development. The motion passed by a vote of 4 -2 with Commissioners COLLINS and SNOW voting no and Commissioner BRINKMAN absent. Commissioner SNOW requested the record to reflect that she voted against the motion for the same four reasons as noted in her original motion to deny Case No. WZ -99 -09 found on page 7. Planning Commission Page 12 September 16, 1999 TABOR STREET PROPERTIES FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE SHEET 1 OF 2 ne eeluen© cwpprll, oe tpe.u oesnuro IrBIR611iBE6. W f!I ®T IrI 'L twi TE.RTERm LCW1T Gtr'm616CLN ILLL p[ G2�aLrm b d R/N0 GIKLQrBR M dGLirOGlf21f1Y 11E UYI. Rl16iG0 YO Cl ORILW C.TTG] ©N 11YS RIN d10 b rYT (111�lE ICJY'm pT LtlLL IffE)PR11E.F IEL'OI�1fYi M.�1. VJ4 QRIK CE�W'�ITRM f/O Ni)p.C' lNT OEdI[d�EFeDPM' FJNT IUI.;. K!1 ®1•IVBtR P'i11314T OlT 116Y YO dCGCE Nly1I1(l T011E r1aT10G! 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TOi.rl!'M[+4 x.'S6 OFON®• a x.2] IA 10] 1➢ ior.L rYRN' x .rx! •E).w . a fiY°Ym xY�! nna. caaAno e!a] I wrorx x.w M aap slo-nry r me u® sro-scm r� ei C.- 1 AWN 1.9 r - O di TABOR DEVELOPMENT PLANNED COMMER DEVELOPMENT > OUTLINE DEVELOPMENT PLAN ,. IV THE CITY OF WHEAT RIDGE . - - iWQ PARt OF LM 4. OF JBHMK WX OF CAinrtA06 OEMNAM AY S ~ 4Mf Wm GFE DF LWuwS K Comm or - - r FARM 17'$IE 1rM # f 96W�MCE IFB.SIi .14.. 1L6MG lF '#7NE Or SLw L Z 8 V ww i R d66i/la 6F i22S4 FG ; It'tgE F13tB GF i ka CMPAS SOS IMm hot 9O G t. asa a eio K rst> awa swa io.� wes �wL ar; mam rta r ms �x rtaia � uD irrm e na�sx w¢mr s rr rt S�r �Nnll{ fr}. �/C s�iraas x ra ea¢m}r �HR rlat'k, t�mfa �� �ranmc w w� awia wuu� r mo w ins mrtac - _ - aS�EMC �y�f r in4s R wa:c Ynux I� �6 l9pMF � OIi4 K E . wm.imwa�x uic wm. .. tt. �if6 � II�IwQII � mm w r4cros!� wsm �� tOI WR; rr�rawTl�4�r�� - i mscxs w roair lIRt6 fP+f,. l0[ i lildi 1/ � � MMPYMC IuQG H� ftRRS d @ifp �Q 116[! i ORIIi •B6 � uvarr. aawa w oss fws W snub MWAX w+cc maa .. wwr adb. - 1119!. �nlsE �.l# SuE team. l k arcaacme a.anc. 14D I 8 IWAL Zan 911 CITY U`F WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 [I �&q ill''ll �Ill — wili" Nla 1 ­1� I milll ......... . ......... . u- u w " .................. SET -AIL I 1. MAXIMUM BUILDING COVERAGE: 10% 2. MAXIMUM BUILDING HEIGHT: 35 FEET 3. MINIMUM PERIMETER BUILDING FRON 50 FEET 15 FEET ( T ALONG 1-70 FRONTAG REAR FEET A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAl RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOT 7 AND 8, LEE'S DESCRIBED AS FOLLOWS: - - - ------ - REGISTERED LAND SURVEYOR COL ORADO : w►' #► 9500 W. 14TH AVENUE L AKEWO O D , CO t► 303) 233-4042 _r 1 � 1 # 1 � STATE OF COLORAD COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ' BEFORE ME THIS OF f 1999. WITNESS MY HAND AND OFFICIAL SEAL.: i t� • [ All TOTAL AR Ek EXPANSION PARCEL: ORIGINAL PARCEL: PAVED AR EAS - . LA NDSCAPE AREAS: 182,391 S.F. OR 4.187 ACRE 57,401 S.F. OR 1.318 ACRE 124,990 S.F. OR 2.869 ACRE 8 1 400 S.F. (5%) 21,368 S.F. (12%) 36,478 S.F. (20 142,139 S.F. ( 56%) 12,767 S.F. (7 %) CE I'll ... 1111111J, STREET TREES-.. A TOTAL OF 14 TREES ARE REQUIRED ALONG TABOR ST. THERE CURRENTLY ARE 19 TREES ALONG THESE STREET FRONTAGES AND 19 ALONG 1-70. AT LEAST 14 ADDITIONAL DECIDUOUS AND/OR EVERGREEN, WHICH ARE ACCEPTABLE STREET TREES PER WHEAT RIDGE ZONING CODE, WILL BE PLACED ALONG THE TABOR ST. FRONTAGE. THIS IS TO PLA 1 D PLA ♦ B EEN APPRO i r-L C WHE R I D GE, i • y N i 7W A gum FCWQ A y r i i L r ft 1 999 w TH WH R IDGE t SHRU iIZE REQUIREMENTS: ALL NEW DECIDUOUS TREES WILL BE 2 INCHES CALIPER OR LARGER. ALL NEW EVERGREEN TREES WILL BE 6 FEET HIGH OR GREATER. ALL SHALL B E 11 li MZAN": THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY CLERK AND R EC O RDER # # C A T G # D OF ■ 1 999 t IN � i ## i A ■ R ECE PT ION JEFFERSON COUNTY CLERK AND RECORDER Z A IVD PL A a TES ZAPA 868 W. WARREN DR. L AKEWO O D , COLORADO :t ' HONE: 303-9 FAX: 303-763-5221 PREPARED BY: LANE ENGINEERING SERVICE, INC. 95 00 WEST 14TH AVENUE LA CO TEL. (303) .04 ► 96 REVISED- 10/20/1999 REVISED: 08/30/1999 PREPARED: 07/08/1999 J OB NO w BY. MIS] CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SOUTH EDGE OF ! LANL EXISTING 6' HIGH CHAIN LINK FENCE TO REMAIN k ZONED CA (COMMERCIAL USE) 8 37.91 ' 2 "W 321.70' N 00 3' 2 "W 4.85 _ " ___ 89"14'16"W 321.62' ZONEVG AND PLAA70VG ASSOCL4 ZA - - 1 REVISED: 10/20/1999 REVISED: 08/30/1999 PREPARED: 07/08/1999 J OB B w i i LARGE ROCKS (2 FT. DIAMETER MIN. SET TO LIMIT AREA FOR DISPLAY AND SALES I NEW "NOTICE-NO SEM1 P ■ ' PER CITY REQUESTED, TEXT. PLACED UPON GATE. 7500 WEST 29TH AVENUE F.O. BOX 638 WHEAT RIDGE CO 8003 -0c35 City Admin. Fax # 234.592 The City of 303)234 -5900 �1. h eat Police Deot. Fax: 2352949 'Ridge POSTING CERTIFICATION CASE NO. �Z -aa n o PLANNING COMMISSION - CITY COUNCIL BOARD OF ADJUSTMENT (Circle One) 1 HEARING DATE: `- 10 - Z CO CD O I, n a m e residing at $�gq W Who -gr.'E�-4 -Dz f LAe - p4 y Cd (a d d r e s s) as'therapplicant for Case No. W z i - 0 l hereby certify that I have posted the Notice of Public Hearing at LA (e S I T Psne frr (1 o c a t i o n) on this day of - VD r-�L, 19 and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing o this case and will be placed in the applicant's case file at the Department of Planning and Development. Ltjb5 <pc>postingcert rev. 05 -19 -94 Y " The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9 Ridge December 23, 1999 Dear Property Owner: This is to inform you that Case No. WZ -99 -09 a request for approval of a rezoning from Agricultural -One to Planned Commercial Development, approval of a combined outline and final development plan and approval of a plat map for property located at 4651 Tabor Street. The rezoning portion of the case is to expand the existing Trailer Source business to permit display and sales of trailers. The plating portion of the case is to consolidate the existing 3.03 acre Trailer Source property with an additional 1.3 acre parcel. The case will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on January 10, 2000, at 7:00 p.m. All owners and/or their representative of the parcel under consideration must be present at this hearing. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235 -2846. Thank you. Planning Division. C:\ Barbara \CCRPTS \PUBNOTIC \wz9909.wpd (303) 234 -5900 • ADMINISTRATION FAX: 234 -5924 POLICE DEPARTMENT FAX: 235 -2949 a m c m � y a c W y y G 'u m a 3 i 'd u $ a K ° m m C Z � NI d R' C 7 o N rn O m .a v E a v E � O a c y o 0 0 0 a' z a m N o N 0 m 0 m 0 rn 0 rn 0 rn N rn rn x_ m rn rn rn rn rn rn rn rn N U_ 0 O _ • I C O y G CL a N > N UI O r L M O O O O W m N Q N >O Q O N M E C m O N o am 0 >m m 0 O wa N N p y O O O 0 O O O 0 d N y m 0 N U O m 0 m M X 2 o = m m O m O a m N (p .Z v m m - p U m y w N m co o-Z`U m > m mm d m 1 ai d m m K N ^' m m 3 m r .y N m y F o 'o ° rmK t! TW C m p g C p ova y s u�a cN a ui> aciUs a 0 J a n K v a 3 3 a C N m N a N NO N �U U��w N E m ❑ ❑ ❑ ®❑ ❑ z d LO U LLI a n � N n N n rn O N M N C `o m m m ro m m m m 00 Q _ rn m W 0 E m rn m rn rn rn rn L9 0 z Q Q W p 2 C > D LL N O LL a O�Q z_ o W z z EE] Q N O E W .5 CL O z U Q+ a ro a v U N W 0 N E z„ � U F O b T p d N N U Q+ 0 d 5 z F 9 d '` II C w W d � d_ O C N y y C u d a N Q d U d : Z K d d v c � Z � dl K C Z a D j O " d y � O y C y .a y E a 0 N 0 U t O d aoc 1. d!== % d u O •� H C a M M C M O M M M M M - M M W N m N m m m m y y y y a `N L-0 dd 0 o to dy0 2�U O d Ea U 9 U vU N U ro y 'd (n d cad, t d v13m dn �S m Y N d 3 0 : rn E N Earn d ¢ v m tlla v 0a 'y 'o w N QMO: y .nK E W E�� _ " wry a d y N W N y f� N a = V N C d _ m a) N O ' R O O �U UCLLw E ❑ ❑ ❑ ® ❑ ❑ Z d LO U r uj N C V N f0 h eD � o N Q 0 m m m m co d' O W E m rn m rn rn 0 � z QQ W Z: x�o > LL N p LL a 3: Z } 0 F_- c W Z �x g Una a �I Q N O E W .5 CL O z U Q+ a ro a v U N W 0 N E z„ � U F O b T p d N N U Q+ 0 d 5 z F ZONNG AND PUANINGAgWANr 8684 W. WARR9N DR. ZAPA LAK6WOOD, COLORADO 80227 PFlONE: 303 - 763 -5221 PAG Rr 303 - 505 -4118 FAX: 303 - 763 -5221 aO6IDIFY, AICPI WL70RO CONSMTIN6 • rAC1UTATION • Ni•60TIA770N 60,4149K - 09WLOPIENT • Ke f>STA76SERr ar December 22, 9999 Martin Orner, Planner City of Wheat Ridge 7500 w. 29 Ave. Wheat Ridge, Co. 80033 RE: Trailer Source Rezoning Staff Report —Case WZ -99 -09 Dear Mr. Omer. In response to the faxed copy of your preliminary City Council Staff Report wherein you asked for response to the "circled conditions" in Section VIII. Recommended Motions, I reviewed those conditions and other parts of your report with the applicant. The applicant's response to those conditions and other staff report comments are as follows: No. 1, "The property owner shall provide details of the proposed Tabor St. sign prior to recordation of the amended Outline and Final Development Plan." Mat sign "you asking details for. The proposed "No Parking Notice" sign, or the business sign. The business sign details have already been provided upon the plan (Freestanding, 5 feet tall, 50 square feet per side, non - illuminated), it has not been submitted to a sign company for design yet, so the specific design is unavailable, and probably will not be available before recordation. The details of the No Parking Notice" sign can be provided to you prior to recording of the plan. No. 2. "Priorto recordation of the Amended Outline and Final Development Plan, the Plan shall be revised to state deliveries shall be permitted only when the business is open" What is the legitimate public purpose being addressed by this request. No other business on this street, or any other business in the City has this requirement that I am aware of The owners themselves make deliveries with their own equipment during non -open hours. Occasionally, a delivery will come in on a Sunday when the owners expected 9 on Saturday or Monday, and they wilt respond to a delivery person's request to open the gates se that the delivery can be made immediately, We donl agree with this stipulation. No. 6. "Prior to recordation of the Amended Outline and Final Development Plan, the plan shall be revised to state that dedicated test drive areas, such as test tracks, shall not be permitted" We have aleady revised the plan on Page 1, #10 under DEVELOPMENT & USE STANDARDS, to address this issue. We met to discuss the wording with you and Alan and the current warding was approved. However, if you want us to change the wording again, we can revise it. No. 7. 'Prior to recordation of the Amended Outline and Final Development Plan, the plan shall be revised to state that drive areas and display areas do not count towards satisfying the landscape requirements." Kftm landscaping occurs in thm areas, such as within `Display Areas" as shown on the plan, it should be counted towards the landscape requirements. Obviously, graveled drive i armed =�oa THIVaHn�, do A1T0 esosesoe oe 69099 La -EL 66; zz;zL :Panzaoae aisles and display spaces would not count. Your adopted landscaping regulations already cover this, but if you want it stated anyway, it can be added. No. 8. "Prior to recordation of the Amended Outline and Final Development Plan, Permitted Use Number 35, being 'Any similar use which, in the opinion of the Zoning Administrator, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the district, would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion' shall be removed". This provision is standard language in your zoning ordinance in all zoning distrfct regulations and should not be an issue, But if you want it removed, we can take it off. In regards to other portions of your staff report, we would offer the following comments: A. In Section II. SUMMARY, paragraph 3 is irrelevant and pejorative to the issue before City Council. Code enforcement activities on properties are separate issues and have no place being introduced as evidence in this quasi - judicial proceeding. It unfairly prejudices the applicant and we request that it be removed from the staff report. If you choose to leave it in, at least indicate the fad that the owner was unaware of the violations and that he corrected both violations within 24 hours of receiving notice. B. In Section V. 2.., there is reference for the first time during this application process that Trailer Source is "not consistent with the Small Business/Office Center" Comprehensive Plan designation for this area. The staff found Trailer Source to be 'consistent with the Comprehensive Plan" in the earlier Planning Commission staff report.. Review Criterion No. 2. doesn't ask if there is conformance with the plan, so why address it there? Your answer to the question of conformance to the Comprehensive Plan is answered in No. 3. Additionally, No. 9 relates to "Spot Zoning ", but the staff comments relate to conformance with the Comprehensive Plan. Answer the question asked! Is this spot zoning? NO! C. On page 9, the last paragraph indicates that the owner purchased the semi- tractor/trailer to personally deliver snowmobiles, ATVs and personal watercraft. They also use it to pickup trailers, as well. Please call me if you have any other questions. cc. Richard Scheurer • Page 2 Z0 39Vd h3 6509986606 6Z :Z1 6661 /ZZ /Z1 3 abed aoald1VBHM do A110 £9039e6£o£ •ndZ£ =ZL 66 /ZZ /3L = PeAteoea Glen Gidley CITY COUNCIL AGENDA: December 13, 1999 Page - 2 - ORDINANCES ON FIRST READING Item 3. Council Bill 36 - an Ordinance providing for the rezoning from Agricultural - One, A -1, to Planned Commercial Development, PCD, of certain property generally located at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26 -6(C) of the Wheat Ridge Code of Laws. (Case No. WZ- 99 -09) (Trailer Source) Council Bill 37 - an Ordinance providing for the approval of a first amendment to the Tabor Development Planned Commercial Development (PCD) Outline and Final Development Plan located at 4651 Tabor Street and generally at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26- 25(IX) of the Wheat Ridge Code of Laws. (Case No. WZ- 99 -09) (Trailer Source) Item 4. Council Bill 38 - an Ordinance concerning a correction to the amendments to the Wheat Ridge Code of Laws to provide for increased penalty limits. DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. Request for Payment, Walgreens Development, 44' Avenue and Wadsworth Blvd. Item 6. Purchase of Traffic Signal Equipment. Item 7. Bid Award for the 1999 Traffic Signal Improvement Project (RFB #99 -26). Item 8. Appointments to various Boards /Agencies. Item 9. Bids and Appraisals for Davis Property, 3705 Jay Street. AGENDA ITEM RECAP AGENDA ITEM December 13, 1999 QUASI- JUDICIAL X I ) Yes No PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC. /CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR I ST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WZ- 99- 09/Trailer Source SUMMARY/RECOMMENDATION: Request to rezone 1.3 acres from Agricultural -One to Planned Commercial Development for property located adjacent to and south of Interstate 70 and west of Tabor Street. Request to amend the 3.03 acre Tabor Development Outline and Final Development Plan/Planned Commercial Development located at 4651 Tabor Street to modify the list of permitted land uses and site development standards and to include the 1.3 acres located adjacent and north of this property as part of the amended Tabor Development Plan. ATTACHMENTS: 1) PC report dated 9 -16 -99 2) PC minutes dated 9 -16 -99 3) Council Bill No. 4) Council Bill No. BUDGETED ITEM: Yes Fund Dept /Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill Nos. and , be approved on first reading, ordered published, public hearing be set for Monday, January 10, 2000 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." CdBarb= \0CRPTS \wz9909.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: September 16, 1999 DATE PREPARED: September 3, 1999 CASE NO. & NAME: WZ -99 -09 CASE MANAGER: Martin Orner ACTION REQUESTED: Rezone 1.3 Acres From A -1 Agricultural to Planned Commercial (X) Development (1.3 Acres), Consolidate 1.3 Acres with Adjacent 3.03 (X) Acres, and Amend the Outline and Final Development Plan for the Q Tabor Development Planned Commercial Development (3.03 Acres) LOCATION OF REQUEST: Southwest Corner Tabor Street and Interstate 70 (4651 Tabor Street) NAME & ADDRESS OF APPLICANT(S): J.R. Blumenthal 4651 Tabor Street, Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Skitzo Offshore, LLC 4651 Tabor Street, Wheat Ridge, CO 80033 APPROXIMATE AREA: 4.33 Acres Total PRESENT ZONING: A -1 Agricultural: 1.3 Acres Planned Commercial Development: 3.03 Acres PRESENT LAND USE: 1.3 Acres: Unimproved 3.03 Acres: Trailer Sales and Service, Personal Recreational Vehicle Sales and Service, Limited Sales of Pick Up Trucks, Outdoor Display SURROUNDING ZONING: N: Interstate 70 then Planned Industrial Development; S: A -1 Agricultural; E: R -2 Residential; W: C -1 Commercial SURROUNDING LAND USE: N: Interstate 70 then Commercial and Industrial; S: Large Lot Residential; E: Medium Density Residential; W: Commercial (Truck Stop) COMPREHENSIVE PLAN: Multiple Land Use DATE PUBLISHED: August 27, 1999 DATE POSTED: August 31, 1999 DATED LEGAL NOTICES SENT: August 27, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. , ATTACHMENT 1 -1 I. REQUEST The application consists of three related requests: 1. Approval to amend the Tabor Development Outline and Final Development Plan/Planned Commercial Development to modify the list of permitted land uses and site development standards for said Plan. Because the uses and development standards are proposed for amendment, this action constitutes a rezoning according to Section 26 -6(c) of the Wheat Ridge Code of Laws. 2. Approval to rezone 1.3 acres of land purchased from the Colorado Department of Transportation from A -1, Agricultural to PCD, Planned Commercial Development with associated site development and land use criteria, and 3. To consolidate the 1.3 acres parcel with the Trailer Source 3.03 acre parcel (included for informational purposes, requires administrative approval only). II. CASE HISTORY The attached original rezoning map (Case No.WZ -95 -9) from A -1 Agricultural to Planned Commercial Development of 3.03 acres currently occupied by Trailer Source, was approved by City Council in September of 1995. Said approval created the Tabor Development Outline and Final Development Plan Planned Commercial Development. City Council approval included a development plan reflecting use areas as well as a list of permitted land uses. Also approved was the subdivision of the property, platting 3.03 acres for the Trailer Source business. Since the original City Council approval, the property owners have purchased an additional 1.03 acres of surplus right -of -way from the Colorado Department of Transportation, which property is north of and adjacent to the existing Trailer Source property, and south of Interstate 70. Said additional acreage is the subject of the rezone request and the smaller parcel for the lot consolidation plat approval. As part of the case history, City Code Enforcement Staff contacted the property owner regarding the display of trailers on the 1.3 acres zoned A -1, which is in violation of City Code. The property owner complied with staff s request and moved the trailers off of the A -1 zoned property. The property owner has also erected signage on the fence adjacent and oriented to Interstate 70, which is in violation of City Code. Upon notification of this violation, the property owner agreed to remove the fence signage. At the applicant's neighborhood meeting, questions were raised as to the sale and service of all terrain vehicles and snow mobiles occurring on the Trailer Source Planned Commercial Development (PCD) property. It was suggested that such a land use was not permitted as part of City Council's approval. Staff has researched this issue and has found that sales and service of all terrain vehicles and snow mobiles is not a permitted use of the approved PCD. The Permitted Uses section on Page One of the approved Outline Development Plan includes the sale of trailers, a limited number of pick -up trucks (15 per year) and boats. The applicant and his consultant have stated that the sale of personal recreational vehicles, which would include all terrain vehicles and snowmobiles, is permitted as a similar use to the sale of boats, trailers and campers. Staff has studied the existing Outline Development Plan and has found, under the "Description of Project" heading, the following wording, "There will be limited sales of motorized vehicles not to exceed 15% of licensable vehicles, truck accessories, hitches, hitch installation, hitch accessories, dual wheel conversions, trailer repair, undercoating and hardware sales of accessories compatible to the horse industry ". Staff does not interpret this language as permitting the sales of personal recreational vehicles. Sale and service of all terrain vehicles and snowmobiles is not listed under the PCD's list of permitted land uses. 14 — O-, III. NEIGHBORHOOD MEETING The applicant conducted a meeting on June 29, 1999. The following persons were in attendance: Kim Stewart 11700 W. 46` Ave. Joan Rimbert Sally Waddell Ann Keller Marilyn Hampton Richard Carson Martin Omer 4665 Swadley 4765 Simms Street 4625 Swadley 4755 Simms St. 11781 West 46` Ave. 7500 West 29 "' Avenue The following concerns were expressed: Are snow mobile and all terrain vehicle sales and service a permitted land use? Will there be any changes to the driveway? How can delivery trucks parking in the street be prevented? Who controls the Tabor Street bridge? Previous commitments not being honored: High end trailers not being sold, The motor vehicle sales limitation on "horse related uses ", What is planned for property to the south? Trailer parking uses taking place there? Why were trees on the property being removed? An overall plan for all Trailer Source property (referring to A -1 zone property to the south, which is not owned by Trailer Source proper, but is owned by the same ownership as Trailer Source), What about car /truck sales taking place on the subject property? How will this plan affect plans for the erection of sound barriers along I -70? What about increased traffic impacts? How many total trailers will be on the property since previous statements were for 30 trailers and now there are 200 +? Need to seriously amend the proposed list of permitted uses. IV. AGENCY REFERRALS Agencies Referred and Responding: Wheat Ridge Public Works Department: 1. The Consolidation Plat has been forwarded to the John McGuire, P.L.S. for review and coordination of subsequent comments. 2. Based upon the proposed scope of this project, a Subdivision Improvement Agreement will not be required. 3. A final drainage report, grading and erosion control plan has been received, and is currently under review. 4. Based upon the proposed scope of this project, engineered construction plans will not be required. 5. A completed Application for Minor Dumping/Landfill Permit, along with fees due, will be needed. 6. The Traffic Division has reviewed this referral with no applicable comments at this time. Planning Commission WZ -99 -09 /trailersource Page �-3 Police Department - Can serve the proposed development. No concerns. Arvada Fire Department: 1. Per 1997 Uniform Fire Code, recreational vehicle sales lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903 of the Fire Code. A letter from the owner needs to be provided clarifying motorized personal recreation vehicles as to the type of vehicles. If recreation vehicles are sold or stored at the site, now or in the future the provisions of Section 901.6 will apply as follows: A. Access lanes will need to be a minimum of 24 feet within the sales and storage area and capable of supporting the imposed loads of 52,000 pound fire apparatus. UFC 97 902.3 Amended. B. Culverts or bridges will need to be capable of supporting the imposed loads of 52,000 pound fire apparatus. C. Water lines and fire hydrants would need to be installed and operational prior to completion of the site. D. The turning radius will need to be enlarged if the existing plan remains to a 38 foot outside and 26 foot inside radius with a four foot bumper overhang to permit fire apparatus to move within the site. UFC 97 902.2.2.3. E. Need information on the proposed security gate and direction of swing. 2. May have additional comments when the requested information is provided. Valley Water District: 1. Additional water mainlines and hydrants may be needed to meet AFPD requirements. 2. The existing tap and service line serves the existing structure. Any new structures would require taps and lines for each structure. 3. If any additional mainlines and hydrants are required, 30 foot easements to meet Valley and Denver Water specifications would be needed. Jefferson County Planning: No comments Wadsworth Ditch Company: Letter dated July 30, 1999 states: "We have requested that Mr. Blumenthal provide the Wadsworth Ditch Company with legal description of the 20 foot easement through this property. He has verbally agreed to this request." State Department of Transportation: No Comments Public Service Company: Letter dated August 2, 1999: While the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. Agencies Referred but not Responding: Fruitdale Sanitation District US West Planning Commission WZ -99 -09 /trailersource Wheat Ridge Police Department Wheat Ridge Forestry Division Page 4 �4V I TCI Wheat Ridge Post Office Wheat Ridge Building Division Other Comments: Bayou Ditch Company Brown and Baugh Ditch Company In a memo from Senior City Planner Meredith Reckert to Alan White, Director of Planning and Development, Ms. Reckert states that City Council representatives had received communications from area residents about the sale of boats, snowmobiles and all terrain vehicles occurring on the Trailer Source property. The Memo states that the sale of boats is permitted by the Planned Commercial Development but that snow mobiles and all terrain vehicles are not permitted. The memo also stated that Trailer Source began using the land purchased from Department of Transportation in violation of the City Zoning Regulations by placing trailers for sale on the property. V. REZONING and AMENDMENT TO OUTLINE AND FINAL DEVELOPMENT PLAN REVIEW CRITERIA The City's Code of Laws provides the following review criteria to be used when evaluating requests for rezoning. Staff s response to the criteria is separated for the 1.3 acre parcel presently zoned A -1, and the 3.03 acres presently zoned Planned Commercial Development: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. 1.3 Acres: There is no error in the zoning classification. The property currently zoned PCD was previously zoned A -1. Although A -1 zoning is not in error, it is not consistent with the City's existing Comprehensive Plan Future Land Use Map, which designates the property as Multiple Land Use. Commercial trailer and boat sales are not permitted on A -1 zoned property but are permitted in some commercial zone districts. The trailer and boat sales land use is compatible with the Multiple Land Use designation. 3.03 Acres: There is no error in the zoning classification. The applicant requests amending the existing Planned Commercial Development to include the sale of all terrain vehicles and snow mobiles, using the water retention and landscape areas as display area, increasing the amount ofretail sales permitted on the premises previously limited to wholesale sales, removing the screening requirement for rental equipment, and making circulation changes which would allow delivery trucks to turn around on the premises 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. 1.3 Acres: A change of character in the area is apparent with the 1995 approval of the original Trailer Source Planned Commercial Development, and more recently the 1996 case No. WZ -96 -11 for 4651 Tabor Street being City Council approval of a zone change from A -1 to PCD to allow a 13,500 square foot commercial/industrial building south of the Trailer Source property. These newer Planning Commission WZ -99 -09 /trailersource Page 5 °! commercial and industrial uses approved for these parcels are consistent with the City's Comprehensive Plan designation of Mixed Use. 3.03 Acres: A change of character in the area is apparent with 1996 case No. WZ -964 1 for 4651 Tabor Street when City Council approved a zone change from A -1 to PCD to allow a 13,500 square foot commercial /industrial building south of the Trailer Source property. No new growth trends, deterioration or development transitions have taken place which would support the necessity to add additional items for sale to the development plan. No new growth trends, deterioration, or development transitions have taken place which would necessitate the use of previously delineated water retention areas or landscape areas for display uses. No new growth trends, deterioration, or development transitions have taken place which would necessitate having rental items visible to public rights -of -way. 3. In addition to #2, that the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. 1.3 Acres: The A -1 zone designation is not consistent with the Comprehensive Plan use designation of Mixed Use. Mixed Use is defined as commercial and/or light industrial uses, not agricultural uses. Rezoning the 1.3 acres from agricultural to a commercial use designation is in conformance with the Comprehensive Plan. Since this is a request for Planned Commercial Development zoning, the commercial uses of the property can be customized to create a minimal impact on the neighborhood on what was surplus highway property. 3.03 Acres: The 3.03 acres are already zoned for commercial uses in conformance with the Comprehensive Plan. The land use and circulation amendments requested are also consistent with the Comprehensive Plan Future Land Use Map. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 1.3 Acres: Being that the Trailer Source business is approved and is operational on the adjacent 3.03 acres, approval of a rezone for the 1.3 acres to similar uses is not determined to be incompatible with the surrounding area and is not anticipated to create significant adverse impacts on the surrounding area. This is provided that the applicant adhere to the sign regulations governing the Planned Commercial Development and that approval of the list of permitted land uses will not result in significant adverse impacts to the surrounding area. 3.03 Acres: Staff believes that the proposed revisions to the circulation plan will help to alleviate adverse impacts to the surrounding area attributable to the delivery trucks backing in or out of the Trailer Source property onto Tabor Street. Expanding the list of items permitted for sale on the property may result in traffic and noise impacts to the surrounding area. The applicant has agreed to revise the language on the amended plan to retain the requirement for screening of rental equipment from surrounding right -of -way and properties. The applicant has agreed to stop placing signage /advertising on the fence facing Interstate 70. Planning Commission WZ- 99- 09 /trailersource Page 6 i 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. 1.3 Acres: Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The city does not capture sales tax from the sale of trailers registered for road use. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The traffic problem of trucks backing onto Tabor Street will be resolved since delivery trucks would be able to turn around on the site. 3.03 Acres: Staff does not anticipate any social or recreational benefits to the City from amending the uses for the existing PCD. Benefits to the City would be in the form of alleviating delivery truck problems on Tabor Street resultant from creating an on -site turn around area. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The amended plan proposes the retail sale from floral shops and garden supply stores, where the existing development plan limited these uses to wholesale only. Should these retail sales ever happen on this site, the City would realize an economic benefit from sales tax collections. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. 1.3 Acres: The Valley Water District and the Arvada Fire Department have responded with comments which indicate that additional facilities may be necessary for adequate service to the project area. Increasing the sales display area onto the 1.3 acres may result in more traffic generation on Tabor Street. Increasing the list of permitted land uses to include more retail sales items may result in increased traffic on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to southbound Tabor Street traffic. 3.03 Acres: In addition to the Valley Water District and Arvada Fire District comments, adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to southbound Tabor Street traffic. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 1.3 Acres: Approving the rezoning of the A -I zoned property will help reduce the traffic problems of delivery trucks backing onto Tabor Street. Impacts to the surrounding area in the form of traffic and noise may result from the addition of retail sales items to the List of Permitted Land Uses. 3.03 Acres: Permitting the sale and service of all terrain vehicles and snow mobiles (personal recreational vehicles) may result in increased noise and traffic within the surrounding area. Adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Planning Commission Page 7 WZ -99 -09 /trailersource 14— l 8. That the property cannot reasonably be developed under the existing zoning conditions. 1.3 Acres: Due to the size of, access to and triangular shape of this property, it could not reasonably be developed by anyone other than the applicant. 3.03 Acres: The property is currently developed. The applicant's business is growing, reflected in their purchase of the 1.3 acres and their requested retail sales land use changes. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 1.3 Acres: Rezoning this property to Planned Commercial Development for the use proposed is in conformance with the Comprehensive Plan and zoning to the south and is therefore not spot zoning. 3.03 Acres: This property is already approved and developed for commercial uses. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. This application has been submitted in response to business needs and opportunities recognized by the applicant. With the exception of all terrain vehicle and snow mobile retail sales, floral and garden supply retail sales, and rental items visible from public rights -of -way and adjacent properties, the majority of the proposed land uses have previously been approved by the City Council for the Trailer Source property. VI. STAFF CONCLUSIONS AND RECOMMENDATION The applicant is proposing the following changes to the development plan: Personal Recreational Vehicle sales and service EXISTING PLAN not permitted PROPOSED PLAN permitted Floral Shop - retail Equipment Rentals Parking of semi - trucks & trailers whole loading and unloading Overall Landscaped Area not permitted screened from public rights -of -way and adjacent properties not addressed 25% minimum permitted not screened from public rights -of -way and properties permitted 20% minimum Planning Commission WZ- 99- 09 /trai lersource Page 8 14 — Additionally, the applicant proposes using the storm water retention area/landscape area for display area. The applicant has agreed with staff to limit the use of this area to approximately half of the retention area, and has stated that their reason for this use is to prevent customer parking in the retention area and simultaneously to make the best use of the land area. The 1.3 acres purchased from the Department of Transportation is a logical addition to the Trailer Source development plan. It is not likely that any other user can be identified to use this property, other than a billboard company. The amended development plan continues to prohibit billboards. Expanding the Trailer Source business onto the 1.3 acres may result in increased traffic on Tabor Street. With the expansion of the business onto the 1.3 acres, reducing the minimum landscape area to 20% of site area is still in excess of the minimum required (10 %), but less than the previous plan. Under the City's requirements, 19 street trees along I -70 and 14 street trees along Tabor would be required. In addition, The City's landscape requirements for non - residential zones would require the applicant to plant additional trees or shrubs for every 1,000 square feet of lot area (190 trees or shrubs). Adding retail floral and garden supply sales to the list of permitted land uses is not expected to have any negative impacts. The amendment to allow rental merchandise be visible from public- rights -or -way may create negative visual impacts to the surrounding property owners and roadway users. Development plan designs to permit delivery truck turn- around on the property is a good idea. The gates in front of the property will likely be locked overnight, meaning delivery trucks arriving early in the morning will still have to park on Tabor Street, which was a significant concern expressed during the neighborhood meeting. No standards have been provided for the proposed sign shown on the development plan. Under the sign code, the square footage of the sign is dependent upon the size of the building on the property, but the square footage may be increased by 50% because the business is located within one - quarter mile of the interstate. The code allows one sign per street frontage, or a maximum of two signs per development. Also within one- quarter mile of the interstate, a sign may have a height of 50 feet. Staff is concerned about the potential size and height maximum of this sign. The sale and service of all terrain vehicles and snowmobiles (personal recreational vehicles) is not a permitted use on the current development plan. The applicant and their representative interpret the wording under "Description of Project" on the existing Outline Development Plan as permitting this use, although these uses do not appear under the "Permitted Uses" heading of the existing Outline Development Plan. The applicant has recognized this problem and has added the sale and service of "personal recreational vehicles" to the list of permitted land uses on the amended development plan. From attending the neighborhood meeting and discussing this case with other Planning Department Staff, it has become apparent that neither the neighbors nor city staff anticipated the use of sales and service of personal recreational vehicles during the 1995 Trailer Source Outline and Final Development Plan application. Attached under Exhibit B, is a memorandum form the applicant's representative regarding the sale of personal recreation vehicles, landscaping, expansion ofuses and comments from the neighborhood meeting. Planning Commission Page 9 WZ- 99- 09 /trailersource VII. RECOMMENDED MOTIONS Rezoning from A -1. Agriculture to Planned Commercial Development: Option A: "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for APPROVAL for the following reasons: 1. Due to locational and access characteristics, the subject property could not reasonably be used for/by any other user than the applicant. 2. Proposed uses for the Planned Commercial Development are not expected to result in significant negative impacts to surrounding property owners and/or property users. 3. The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations. 4. Rezoning the property to Planned Commercial Development for the uses proposed is consistent with the City's existing Comprehensive Plan. subject to the following conditions: 1. The property owner shall provide details of the proposed sign prior to City Council. 2. The property owner shall install at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement request. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall be limited to paved areas and limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting towards satisfying this requirement." Option B: "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." Planning Commission WZ- 99- 09 /trailersource Page 10 A -t o Amendment to Outline and Final Development Plan Option A: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for APPROVAL for the following reasons: 1. The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. 2. The Amended Outline and Final Development Plan resolves a traffic problem with delivery trucks currently occurring on Tabor Street. 3. The development standards meet or exceed those of other commercial zones in the City. 4. The anticipated impacts from the Amended Outline and Final Development Plan are not expected to result in significant impacts to the surrounding area. With the following conditions: 1. The property owner shall adhere to City of Wheat Ridge sign regulations. 2. The property owner shall install, at their expense and with the review of the City Planning Department and Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria and requirements of the Arvada Fire Department for drive aisle widths and radii and locations of fire hydrants. 5. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement request. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and/or serviced on the property, test driving shall be limited to paved areas and the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing)of frontage on I -70 (19 trees) and Tabor Street (14 trees). In addition, The City's landscape requirements for non - residential zones would require the applicant to plant additional trees or shrubs for every 1,000 square feet of lot area (190 trees or shrubs). Staff believes that this is excessive and would recommend that the landscaping as shown, plus the street tree requirement, would be satisfactory. 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting towards satisfying this requirement." Option B: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for DENIAL for the following reasons: 1. 2: 3." Planning Commission WZ- 99- 09 /trailersource Page 11 4-11 Consolidation Plat: Option A: "I move that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of the plat will consolidate the parcels under one ownership. 2. Approval of the plat provides the unified control required for a Planned Commercial Development." Option B: "I move that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." Planning Commission Page 12 // WZ- 99- 09 /trailersource CASE NO.WZ99 - 3 L MAP HEST h7 FRON'AGE RD �q - \� i - L WZ- TB -IIB ' I - � I PID I I I I /. A -2 N A -I S rTgA 19A R THE OFFICIAL ZONING MAP NHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: April - 7, 1995 G -1 � M0.MAIFI YISTA RtTIREFEFIT CNit4NITY i - � I- W 44TH AVE L I I v5HUMWAY PGD AM.T. pt'V WESTLAKEo AK -� CAVISHfi2 MNOR � - Sl1BO1VI WZ- ?5-19 R- I MS - 9`r5 12E-SU$ G — I PARK sA -Te -' W 44TH AVE L I I v5HUMWAY 8 - WESTLAKEo AK g 12E-SU$ PARK sA -Te -' AREA REQUIRING SITE PLAN APPROVAL ZONE DISTRICT SOUNDRY — PARCEL /LOT HOUNDRY (DESIGNATES OWNERSHIP) - -'- CITY LIMIT LINE -- - - - WATER FEATURE DENOTES MULTIPLE ADDRESSES PP.O$PEOT PARR FLhGE PC[ WZ -B4 -I WZ�B-12 NE 20 rloaTM o x w aw aw .m SCALE 1' =400 A,IS DRAFT PUBLIC HEARING A. Case No. WZ- 99 -09: An application submitted by J. R. Blumenthal for approval of a rezoning from Agricultural -One to Planned Commercial Development, approval of a combined outline and final development plan, and approval of a consolidation plat for property located at 4651 Tabor Street. This case was presented by Martin Omer. He reviewed the staff report and presented overheads and slides of the subject property. All pertinent documents were entered into the record and Mr. Omer advised that there was jurisdiction to hear the case. Staff recommended approval of the application with certain conditions as outlined in the staff report. Commissioner SNOW asked for clarification about landscaping. Mr. Omer replied that there is presently 25% landscaping as approved in 1995. The applicant is proposing to landscape 20% of the additional 1.3 -acre A -1 parcel. In response to a question from Commissioner SNOW, Mr. Omer replied that snowmobiles, all terrain vehicles (ATV's) and small watercraft (such as jet skis and wave runners) are classified as personal recreational vehicles. Commissioner THOMPSON expressed concern that Tabor Street was not constructed to accommodate semi - trailer trucks. Also, she wanted consideration given to the fact that semi drivers ignore "no parking" and "no truck traffic' signs. She felt that if semi's are allowed to deliver onto the property, the access drive needs to be made adequate and have adequate sight triangles, and that semi's must be able to park on the property and not outside of it. She expressed concern that this property not develop into RV sales or industrial use. Commissioner MACDOUGALL expressed concern about the noise factor associated with test driving of ATV's. Commissioner DOYLE inquired about screening of rental vehicles from adjacent properties. Mr. Omer stated that it was his understanding that the applicant has agreed to screen rental equipment areas from Tabor Street. (Vice Chair GOKEY announced a brief recess at 8:50 p.m. The meeting was reconvened at 9:10 p.m.) Glen Gidley 8684 West Warren Drive, Lakewood Mr. Gidley, representing the applicant, was sworn in by Vice Chair GOKEY. He stated that because businesses have to respond to market, the applicant took advantage of the opportunity to obtain an Artie Cat franchise a year after they opened business. The franchise includes ATV's, snowmobiles and jet skis. They have been operating this component of business for two years and, according to owner's records, the majority of ATV's and snowmobiles are used Planning Commission Page 2 September 16, 1999 ATTACHMENT 2 by ranchers. The predominant testing of ATV's occurs after they are assembled on -site. All but three or four display ATV's are stored inside. He believed that ATV's and snowmobiles fall under the classification of "other similar uses" and could find nothing in writing that states these are not permitted uses. Mr. Gidley reviewed the site plan and stated that the applicant purchased the subject triangle of land primarily to take care of problems associated with delivery. He noted that, while the code requires 10% landscaping; the plan provides 20 %; the frontage on Tabor exceeds minimum requirements for street trees; and the I -70 frontage road is a state highway and street tree requirements should not apply (the applicant wants visibility from I -70). In regard to neighborhood concerns, Mr. Gidley stated that the applicant plans to place a sign on the property to prohibit delivery trucks from parking there during nonbusiness hours and, if drivers park there anyway, the neighbors can call the police and drivers will be ticketed. He noted that the plan configuration will allow trucks to turn around on the site and that the owners have also purchased their own truck to pick up products and deliver them to their site in order to decrease delivery trips by other trucks. He stated that the owner makes one order a year for ATV's, snowmobiles and jet skis which results in one delivery per year. He stated that trees were removed along the irrigation ditch at the request of the ditch company. In regard to neighborhood comment that 30 trailers were allowed and now there are 200, he stated that the applicant has always had over 200 trailers in inventory. In regard to detention area concerns, parking on a regular basis will not be allowed and customer parking will take place on hard surfaces. In regard to concerns about semi's, Mr. Gidley stated that the area north of I -70 is an industrial area with three access areas, one of which is Tabor Street. His client's business didn't bring the semi's to this area. He stated that the applicant averages two semi deliveries per week. He included the prohibition of semi trucks and trailer parking from adjacent commercial zone districts to ensure that the truck stop will not be allowed to expand onto this site and that, even if the applicant sold his property to the truck stop, the truck stop could not use the land to park trucks. In conclusion, he stated that the business generates a substantial amount of revenue for the city and asked for approval of the application. Jim Blumenthal 7048 Torrey, Arvada Mr. Blumenthal, President of Trailer Source, was sworn in by Vice Chair GOKEY. In regard to concerns about weeds on his property, he explained that he usually sprays them three times a year, but this year he was waiting until the subject parcel was approved so that he could spray the entire area at one time. In response to a question from Commissioner COLLINS, Mr. Blumenthal said he would be willing to move his gate, but felt that this could encourage trucks to park there for the weekend. Mr. Blumenthal stated that parking has not been allowed in the detention area since neighbors complained. He stated that there have been 13 semi -truck deliveries over the past 90 days and Planning Commission Page 3 September 16, 1999 that his plan would allow for semi's to turn around on the property before exiting onto Tabor Street. In regard to a question from Commissioner DOYLE, Mr. Blumenthal stated that US West placed a silt fence on the property. Commissioner SNOW wanted assurance that flatbed trailers used by the applicant to haul snowmobiles not be interpreted to mean semi - flatbed trailers. Commissioner SNOW also expressed concern that the language was not specific enough to prevent semi's from waiting to load or unload at adjacent businesses. Mr. Gidley stated that he would reword the plan to make sure that this concern is addressed. Mr. Gidley assured the Commission that his client has no intention of selling RV's or motorhomes. Commissioner SNOW asked about storage of ATV's. Mr. Gidley explained that they have approximately ten assembled ATV's and the others are stored in crates until such time as they need to be assembled. Commissioner THOMPSON expressed concern about the owner's semi -truck and asked if the truck could be listed as a special use to preclude future owners from having several semi's on the property. Mr. Gidley replied that he would include that requirement in the development plan. In response to a question from Commissioner THOMPSON, Mr. Gidley explained that the Colorado Department of Transportation (CDOT) directed the width of this driveway. Commissioner MACDOUGALL asked if the pond located west of the building would be filled in when the area is regraded. Mr. Blumenthal replied that this low area is actually for the collection of oil from a floor drain and was required by Fruitdale Sanitation District to keep oil from draining into nearby ditches. Commissioner MACDOUGALL also requested the applicant to cut the weeds south of the main building. Commissioner SNOW asked if there was adequate room for the largest semi to turn around on the property. Mr. Blumenthal replied there was adequate room for the longest single trailer which is approximately 53 feet in length. In regard to concerns about double trailers making deliveries onto the property, he stated that it would simply not be feasible to for double trailers to make deliveries to the property. In response to a question from Commissioner GOKEY, Mr. Blumenthal stated that no existing landscaping will be removed and that additional landscaping will be added to the new piece of property. Mr. Blumenthal commented that it is hard to control semi's parking because drivers change frequently, etc. and companies will sometimes send one order on three partial loads. In order to address that problem, he stated that his company has a contract with Jet Ski which will allow him to send his own semi to pick up their entire order at one time. Planning Commission Page 4 September 16, 1999 Commissioner THOMPSON requested that hours of test driving be spelled out and that the plan be rewritten to ensure that future owners cannot use this area for an ATV track. Vice Chair GOKEY asked to receive public comment. Mr. White reminded the Commission that there is another application on the agenda and Commission bylaws state that no public hearing shall be started after 11:00 p.m., except upon a majority vote of the Commission. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that the rules be suspended to continue the meeting in order to hear the second case on the agenda after 11:00 p.m. The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. Kim Stewart 1700 West 46th Avenue Ms. Stewart was sworn in by Vice Chair GOKEY. She stated that the neighborhood's quality of life has been affected by the increased traffic and the ingress /egress from the property since the inception of this business. In 1995 the applicant said they would have a minimal impact on the neighborhood because few people could afford the high -end customized horse trailers. She expressed concern about fire protection access to her neighborhood and noted that in addition to semi's, Trailer Source customers also park in traffic lanes on Tabor. She didn't believe the plan would alleviate the semi -truck problems. Ms. Stewart stated that things had changed since the neighborhood meeting until this hearing. She felt that personal recreational craft were out of compliance with the zoning and did not fit in with horse related equipment (a limitation that was previously negotiated.) She also stated that the 7000 pound empty weight limitation for vehicles using Tabor is violated all the time and that the police department doesn't respond to complaints concerning this matter. She stated that the neighborhood does not want future owners of this land to have the ability to sell cars and RV's. Ms. Stewart requested that the plan not be approved until a total site plan is submitted to include the property immediately to the south of Trailer Source and that Trailer Source demonstrate the ability to conform to the current zoning for at least 3 -6 months before being allowed to have any additional considerations. She further requested that Trailer Source not be allowed to sell personal watercraft, ATV's or any other motorized vehicles not allowed under present zoning and that the sale of boats be removed as sales items. She asked that there be no zoning change that would allow any type of floral sales, wholesale or otherwise; that Trailer Source be held accountable for the endangerment of traffic on Tabor as their customers and providers continue to park there during heavy use times; and that Trailer Source not be allowed to utilize the property to the south as a parking lot until such time as the zoning is changed. She stated that the proposed plan will increase traffic and traffic hazards and will not alleviate the Planning Commission Page 5 September 16, 1999 problem of semi's or other vehicles getting in and out of Trailer Source or being there before or after the business is open. She stated that the company has not honored current zoning and citizen questions about these violations have not been addressed until the present time. She felt the matter appears weighted in favor of the business. Commissioner THOMPSON asked if there was anything that would prevent a future owner from turning this property into car dealership. Mr. White replied that this could not occur unless the plan is amended. In response to a question from Commissioner THOMPSON, Mr. White replied that camper trailers and boat sales were allowed in 1995. Commissioner SNOW asked Ms. Stewart what she felt could go in this area without having an impact on the neighborhood. Ms. Stewart replied that the neighborhood is asking for an over- all honest plan rather than doing it piecemeal; and that they feel semi - trucks are dangerous on Tabor Street. Ed Moreno 4655 Swadley Street Mr. Moreno was sworn in by Vice Chair GOKEY. He stated that his biggest concern in 1995 was that semi's would not be able to adequately turn in and out of the property and this has proved to be true. He stated that it is very dangerous for semi's to park on Tabor. He requested that the city install sidewalks for the school children in this area. He also expressed concern about glare from additional advertising signs. He asked the Commission to deny this request because it will increase existing traffic problems. Rita Bader 4675 Swadley Street Ms. Bader was sworn in by Vice Chair GOKEY. She expressed concern about drainage and noted that the neighborhood has experienced flooding for the first time in thirty years. She was not sure if the flooding was related to Trailer Source. She expressed concern about fire safety and illuminated signs. She wanted to know the plans for the property to the south. Ann Keller had signed up to speak, but stated that Kim Stewart addressed her concerns. Vice Chair GOKEY asked if there were others present who wished to address this matter. Hearing no response, Glen Gidley returned to the podium for rebuttal. Regarding horse - related business, the applicant is continuing to do that; however, the additional uses such as selling ATV's are permitted under Wheat Ridge ordinance. He commented that there will probably be a rezoning request for the property to the south at some time in the future, but the applicant doesn't have a plan for that land right now. He stated that the applicant is not parking Trailer Source vehicles on that property now. He agreed that the city should install sidewalks on Tabor Street. He stated the applicant is attempting to mitigate the delivery problems by acquiring his own semi which should decrease deliveries by one - third. He further noted that, although there has been discussion about major traffic problems, there have been no accidents since this business opened in 1996. Planning Commission Page 6 September 16, 1999 Commissioner COLLINS asked if any Trailer Source employees are parking on the south lot. Mr. Blumenthal said that 2 -3 employees park in that area, but he would agree to disallow that if it is the Commission's wish. Commissioner COLLINS expressed concern about selling jet skis, etc. that are not horse related. Mr. Blumenthal stated that the horse business has changed and sales are down and he is simply accommodating the changes in his business. He also stated that he does not anticipate ever expanding onto the property next door. Commissioner THOMPSON asked if the applicant would be willing to build a non - illuminated monument sign rather than a 25 -foot sign as allowed under the code. Mr. Blumenthal agreed to this request. Commissioner DOYLE asked how much of the business is related to watercraft. Mr. Blumenthal replied that this year he ordered for 65 snowmobiles, 70 ATV's and 15 watercraft. Commissioner DOYLE asked if he would consider eliminating the watercraft. Mr.. Blumenthal explained that taking on the line of Articat involves the entire line which includes generators, ATV's, snowmobiles and watercraft. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that the hearing be continued until a new plan is formulated to move the gate back 60 feet to take some traffic off of Tabor and allow for some designated parking areas. Commissioner SNOW stated that if the motion fails, she would make a motion to deny the application. . The applicant asked for a continuance to a date specific. In response to a question from Commissioner THOMPSON, Mr. White stated that, if this request is denied, the applicant's next step would be to appeal to the City Council or go before the Board of Adjustment for an interpretation. Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS' motion died for lack of a second. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1 Agricultural to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the following reasons: 1. The proposed expanded sales and uses do not meet the intended use of the original development which was primarily to be horse- related and portrayed as producing limited traffic. 2. This business needs the use of semi - trailers which are not compatible with the Planning Commission Page 7 September 16, 1999 adjacent residential and agricultural uses. 3. Adequate evidence has been presented that the traffic and parking generated from this business impedes smooth traffic flow on Tabor and imposes safety hazards. 4. The addition of retail sales of snowmobiles, all- terrain vehicles, and watercraft and the traffic expected from those uses is projected to compound the traffic and parking problems already caused by this business. Commissioner GOKEY commented that traffic reports have not indicated a traffic hazard, there have been no accidents in the area, and the Police Department has indicated no objections. Commissioner SNOW responded that she takes testimony from the neighbors as evidence of traffic problems. Commissioner THOMPSON stated that, while she understands the neighbor's concerns as well as the applicant's concerns, she felt that if the application is denied and proceeds to Council there would be no way for the Commission's concerns to be presented and she would therefore vote against the motion for denial. Commissioner SNOW stated that, although she felt the applicant has done his best to fit in with the neighborhood, this is a situation that cannot be remedied to make it compatible with the neighborhood. The motion failed by a vote of 2 to 4 with Commissioners THOMPSON, DOYLE, GOKEY and MACDOUGALL voting no and Commissioner BRINKMAN absent. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned commercial development be recommended to the City Council for APPROVAL for the following reasons: 1. Due to locational and access characteristics, the subject property could not reasonably be used for or by any other user than the applicant. 2. The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations. 3. Rezoning the property to Planned Commercial Development for the uses proposed is consistent with the City's existing Comprehensive Plan. Subject to the following conditions: 1. The property owner shall provide details of the proposed Tabor Street sign prior Planning Commission Page 8 September 16, 1999 to City Council. This sign shall be no more than 5 feet in height, no more than 50 square feet total, and will not be illuminated. 2. The property owner shall install, at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the propertylbusiness entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy their easement requirements. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall occur on the western end of the property, with speed limits not to exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas, such as test tracks, shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting toward satisfying this requirement. 10. No more than one semi -truck can be parked on this property overnight and this condition would be for this owner. 11. The list of permitted uses shall be changed to include No. 37 which would exclude the sale of automobiles on this property; and No. 38 which would exclude the sale of RV /motor homes. A correction shall be made to the permitted uses under No. 14 that it would read: "Parking of automobiles of clients, patients and patrons of occupants of adjacent commercial districts, except no parking of semi - trucks or trailers except while actively loading or unloading." Commissioner COLLINS offered an amendment to exclude Item No. 35 from the list of Planning Commission September 16, 1999 permitted uses. This amendment was accepted by Commissioners THOMPSON and MACDOUGALL. Commissioner SNOW moved and Commissioner COLLINS seconded to delete Item 7, and that snowmobiles, all- terrain vehicles and watercraft are specifically excluded. The motion failed by a vote of 3 to 3 with Commissioners GOKEY, THOMPSON, and DOYLE voting no and Commissioner BRINKMAN absent. A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote of 4 -2 with Commissioners SNOW and COLLINS voting no. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for APPROVAL for the following reasons: 1. The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. 2. The development standards meet or exceed those of other commercial zones in the City. 3. The Amended Outline and Final Development might resolve the traffic problem with delivery trucks currently occurring on Tabor Street. With the following conditions: 1. The property owner shall provide details of the proposed Tabor Street sign prior to City Council. This sign shall be no more than 5 feet in height, no more than 50 square feet total, and will not be illuminated. 2. The property owner shall install, at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the propertylbusiness entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy their easement requirements. Planning Commission Page 10 September 16, 1999 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall occur on the western end of the property, with speed limits not to exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas, such as test tracks, shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting toward satisfying this requirement. 10. No more than one semi -truck can be parked on this property overnight and this condition would be for this owner. 11. The list of permitted uses shall be changed to include No. 37 which would exclude the sale of automobiles on this property; and No. 38 which would exclude the sale of RV /motor homes. That a correction be made to the permitted uses under No. 14 that it would read: "Parking of automobiles of clients, patients and patrons of occupants of adjacent commercial districts, except no parking of semi - trucks or trailers except while actively loading or unloading." Commissioner COLLINS commented that he felt traffic problems will be increased as a result of this plan approval. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that reason no. 3 be deleted. The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to amend condition No. 9 to read: "The property owner shall maintain a ratio of 25% landscaping on the acreage included in the original planned development." The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON to amend Condition No. 11 by deleting the words "except while actively loading or unloading ". The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote Planning Commission September 16, 1999 of 4 -2 with Commissioners COLLINS and SNOW voting no and Commissioner BRINKMAN absent. It was moved by Commissioner THOMPSON and seconded bye Commissioner SNOW that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of the plat will consolidate the parcels under one ownership. 2. Approval of the plat provides the unified control required for a Planned Commercial Development. The motion passed by a vote of 4 -2 with Commissioners COLLINS and SNOW voting no and Commissioner BRINKMAN absent. B. Case No. WZ- 99 -10: An application filed by 44th Eldridge, LLC, for approval to amend the existing 44th Industrial Park Planned Industrial Development to expand the list of permitted uses for Use Area 1 -A/Lot 29 of the 44th Industrial Park generally located at 13000 Wests 43rd Drive. This case was not formally presented by staff due to the lateness of the hour. Because the Commission had thoroughly reviewed the information contained in their packets concerning the case, it was moved by Commissioner SNOW and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -10, a request for approval of an amended Outline and Final Development Plan be APPROVED for the following reasons: 1. The amended Outline and Final Development Plan is consistent with the Tree Mile Plan and the Draft Comprehensive Plan. 2. The amended Outline and Final Development Plan would permit commercial and light industrial land uses similar to and with no greater impact than those already permitted within Use Area 1 of the existing Outline and Final Development Plan of the 44th Industrial Park. 3. The development standards meet those of the Industrial Zone District. 4. Approval of the Display Area Criteria will improve the attractiveness of the development area. With the following conditions: 1. The Plan shall be amended to include constructive notice that access to Lot 29/Use Area 1 -A shall be designed and approved by the City's Department of Planning and Development and Department of Public Works prior to the issuance of any building permit for this lot /use area. Said access approval may require the Planning Commission Page 12 September 16, 1999 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE RE- ZONING FROM AGRICULTURAL ONE, A -1 TO PLANNED COMMERCIAL DEVELOPMENT, PCD OF CERTAIN PROPERTY GENERALLY LOCATED AT THE SOUTH WEST CORNER OF THE INTERSTATE 70 AND TABOR STREET INTERSECTION WITHIN THE CITY OF WHEAT RIDGE, COLORADO, PURSUANT TO SECTION 26 -6(C) OF THE WHEAT RIDGE CODE OF LAWS (WZ99 -09). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Findings of Fact (A) The proposed re- zoning is consistent with the City's Comprehensive Plan's goals, objectives and policies. (B) The proposed re- zoning will be compatible with the surrounding area with minimal adverse impacts. (C) The proposed re- zoning will yield physical benefits to the community in the form of new and maintained landscaping on the property. Limited economic benefits to the community will be realized from the sale of personal recreational vehicles. (D) The proposed re- zoning will not create significant adverse impacts to public health, safety or welfare. (E) The proposed re- zoning is for property which could not, at this time, reasonably be developed under the existing zoning conditions or by any other user than the applicant. (F) The re- zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Section 2. The Agricultural One, A -1 Zoning of the property described in attached Exhibit A is hereby re -zoned to Planned Commercial Development (PCD), subject to the conditions set forth below. 1. Land uses and restrictions to use of the subject property shall be limited to and inseparable from those legally permitted on adjacent property to the south with address 4651 Tabor Street which property is described in Exhibit B and known as the Tabor Development Planned Commercial Development. Section 3. Vested Property Rights. Approval of this re- zoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c)of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1999. SIGNED by the Mayor on this day of 1999. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: LEGAL DESCRIPTION OF PROPOSED REZONING AREA: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL, MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOT 7, LEE'S SUBDIVISION, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S.89'13'31 "W. ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 20, A DISTANCE OF 1323.72 FEET TO THE EAST 1/16 CORNER BETWEEN SECTICNE 20 AND 17; THENCE S.00'23'20 "E. ALONG THE NORTH -SOUTH CENTERLINE OF THE NORTHEAST'ONE- QUARTER OF SAID SECTION 20, A DISTANCE OF 977.02 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY RECORDS BEING THE NORTHWEST CORNER OF TABOR DEVELOPMENT SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON COUNTY RECORDS IN PLAT BOOK 132 AT PAGE 1 AND THE TRUE POINT OF BEGINNING; THENCE N.64'10'38 "W. A DISTANCE OF 98.49. FEET TO THE TRUE POINT OF BEGINNING; THENCE N.89'09'39 "E. A. DISTANCE OF 500.43 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0811522 OF THE JEFFERSON COUNTY RECORDS; THENCE NORTHERLY AND WESTERLY ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT THE FOLLOWING THREE (3) COURSES: 1. N.09'07'45W. A DISTANCE OF 33.00 FEET; 2. N.00'35'50"W. A :DISTANCE OF 198.70 FEET; ' 3. S.64'10'38W. A • DISTANCE OF 547.77 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 57,401 SQUARE FEET OR 1.318 ACRES, MORE OR LESS. EXHIBIT A LEGAL DESCRIPTION: THAT PART OF LOTS 7 & 8, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT •A POINT ON THE WEST LINE OF LOT 8, LEE'S SUBDIVISION, COUNTY OF J= FFERSON, STATE OF COLORADO, WHICH POINT IS 1666.96 =i. NORTHERLY OF TH= SOUTHW =ST CORNER OF SAID LOT E; THENCE N 00'23'26 W ALONG THE WEST LINE OF LOTS 7 & 8, OF SAID LEE'S SUBDIVISION A DISTANCE Or 179.50 FT. TO A POINT; TH ENCE N 64'05'09" E A DISTANCE OF 98.80 FT. THENCE. N 89'03'28" E A DISTANCE OF 500.55 ri. TO THE WEST LINE OF A P.O.W. PARC =L 179A (C.D.H.) AND THE E=ST LINE OF PROPERTY. THENCE ALONG SAID R.O.W. LINE S O9'Oo'20" E A DISTANCE OF 223.5 F�l TH =NCE S 89'02'4 W A DISTANCE 0= 62156 r TO THE POINT OF BE GINNING. THIS PL4T CONTAINS 3.03 AGREES MORE OF,, LESS. EXCEPT ANY PORTION THEREOF DEDICATED TO PUBLIC USE. NOTE:. I= RIGA ?ION DITCH EAS EM E NTS DESCRIBED HEREIN AR= NOT PART OF TH_ CITY OF WHEAT P.IDG='S D= DICATION. EXHIBIT B INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. _ Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A FIRST AMENDMENT TO THE TABOR DEVELOPMENT PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE AND FINAL DEVELOPMENT PLAN LOCATED AT 4651 TABOR STREET AND GENERALLY AT THE SOUTH WEST CORNER OF THE INTERSTATE 70 AND TABOR STREET INTERSECTION WITHIN THE CITY OF WHEAT RIDGE, COLORADO, PURSUANT TO SECTION 26- 25(IX) OF THE WHEAT RIDGE CODE OF LAWS (WZ99 -09). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Findings of Fact. (A) Application has been made to amend permitted uses, development standards and include additional land under the Planned Commercial Development for certain property described on attached Exhibit A known as the Tabor Development Planned Commercial Development Outline and Final Development Plan pursuant to Section 26- 25(IX) of the Wheat Ridge Code of Laws. (B) The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. (C) The Amended Outline and Final Development Plan resolves a traffic problem with delivery trucks currently occurring on Tabor Street. (D) The development standards meet or exceed those of other commercial zones in the City. (E) Approval of the Amended Outline and Final Development Plan is expected to result in reduced impacts to the surrounding area. Section 2. The Planned Commercial Development zoning of property described in attached Exhibit A is hereby amended, subject to the conditions set forth below. 1. Deliveries shall be permitted only when the business is open. 2. The property owner shall meet all criteria of the Arvada Fire District prior to use of the property for drive aisle widths and radii and locations of fire hydrants. 3. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement request. 4. The property owner shall meet all criteria and requirements of the Valley Water District. 5. Dedicated test drive areas (areas of exclusive use) for all terrain vehicles, snowmobiles and small water craft, such as test tracks, shall not be permitted since such an area may more closely resemble a race or test track. 6. One semi - tractor trailer truck may be parked overnight on the original 3.03 acre development plan property. This condition is limited to the current applicant /owner only and is not transferrable to subsequent applicants/business /property owners. Section 3. Vested Property Rights. Approval of this amendment does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c)of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail Section 7. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of SIGNED by the Mayor on this ATTEST: Wanda Sang, City Clerk 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 1999. day of , 1999. GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY e: \planning \forms \ord.frm LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOT 7 AND 8, LEE'S SUBDIVISION, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S.89'13'31 "W. ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 20, A DISTANCE OF 1323.72 FEET TO THE EAST 1/16 CORNER BETWEEN SECTIONS 20 AND 17; THENCE S.0723'20 "E. ALONG THE NORTH - SOUTH CENTERLINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 20. A DISTANCE OF 977.02 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY RECORDS AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S.00 0 23'20 "E. ALONG SAID CENTERLINE A DISTANCE OF 169.37 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0332590 OF THE JEFFERSON COUNTY RECORDS; THENCE N.88'53'20 "E. ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 621.38 FEET TO A POINT 19.80 FEET WEST OF THE EAST LINE OF SAID LOT 8 AND THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY RECORDS; THENCE N.09'07'45'W. ALONG THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 1897 AT PAGE 363, A DISTANCE OF. 210.21 FEET TO THE NORTHWEST CORNER OF SAID TRACT AND THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0811522 OF THE JEFFERSON COUNTY RECORDS; THENCE NORTHERLY AND WESTERLY ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT THE FOLLOWING THREE (3) COURSES: 1. N.09'07'45 "W. A DISTANCE OF 33.00 FEET; 2. N.00'35'50 "W. A DISTANCE OF 198.70 FEET; 3. S.64'10'38 "W. A DISTANCE OF 646.26 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 182,391 SQUARE FEET OR 4.187 ACRES, MORE OR LESS. ZONING AND PUNNING ASSQ 474 8684 W. WARREN DR. I A PA LAKEWOOD, COLORADO 80227 Pr10NE: 303 - 763_5221 PACER: 303 - 505 -4118 FAX 303- 763 -5221 GIFNGI ay AICPIJeF&TOR@ CONSULT /NG # AACUTA770N * #EGO77AT /ON 9 ANA WCe 9.c £SWPMUr- REAL ESTATE SERV December 13, 1999 Martin Omer, Planner/ Case Manager City of Wheat Ridge 7500 W.2e Ave_ Wheat Ridge, Co. 80033 RE: Blumenthal/Trailer Source Planned Commercial Development Dear Martin: I met with Steve Nygen, Wheat Ridge Traffic Engineer, on Thursday. December 9 regarding the Trailer Source entrance issue, and find that their concem is one that precedes the Current request, When Trailer Source originally developed their property in 1996, the City wanted the owner to modify the guard rail which is on CDOT right -of -way on the west side of Tabor St., north of their entrance, so as to improve sight visibility to the north for automobiles exiting Trailer Source, onto Tabor St. The owners were willing to do that, however CDOT would not allow modification of their guard rail. ' An alternative to modifying the guard rail was proposed by the City, which would involve Trailer Source reconfiguring the entrance elevation, so that automobiles would be a few inches higher so as to have abetter view of vehicles approaching from the north on Tabor St, Once again, the owners were willing to do that modification to meet the City's requests, however COOT did not want to approve such improvements within their right -of -way, as they believed that the access met their access code design requirements. Adrian Associates, the owner's engineers on the project, had provided sight distance information to the City and COOT at that time verifying that the entrance was designed and constructed in full compliance with generally accepted traffic engineering standards, for both automobiles and semi - trucks and trailers. Notwithstanding COOT's previous position on this issue, and Adrian Engineering's traffic design report that found the entrance design to be safe and in compliance with generally accepted design standards, and the fact that no traffic accidents have occurred at this access location since Trailer Source has been in operation, the Wheat Ridge Traffic Engineering Division would still like to have the owner "re- profile" the entrance by raising the elevation of the asphalt apron between the east end of Trailer Source's driveway (concrete edge), and the edge of the Tabor St. travel surface. They would also like to see increased turning radii at the entrance to accommodate semi- tmckftrailers, as well, Once again, the owners are willing to make such modifications, provided that COOT will approve the modifications. Within 60 days of rezoning approval, the owners will submit a design for re- profile and modification of the curb cut radii to the City for review and coordination with COOT. Once approved, the owner will contract for the improvements to be Constructed, at the owner's expense. Vi Please include this information with your staff report so that City Council understands that the owner is ready and willing to make these improvements, provided that COOT approves such improvements within their fight -of -way. Should you have any questions, please do not hesitate to call me. Sincer ly, Glen Gidley, AICP cc. Steve Nygen, Traffic Engineer J. R. Blumenthal, Owner Richard Scheurer, Attorney at Law • Page2 City of Wheat Ridge Planning and Development Department Memorandum TO: Glen Gidley FROM: Martin Omer Yi b SUBJECT: Case WZ99 -09; correct Legal Descriptions DATE: November 30, 1999 As a follow up to my fax to you dated November 18, 1999, please be advised that in order to accurately advertise this case for public hearing, the Department of Planning and Development requires accurate legal descriptions for: 1. The existing Trailer Source property, 2. The property purchased from the Department of Transportation. In order to publish this case for City Council first reading on December 13, 1999, we will need the legal descriptions no later than Thursday, December 2, 1999. Please use the attached legal descriptions to indicated whether these are accurate and if so, for which property they individually represent for this application. Attachment: legal descriptions copy of fax dated November 18, 1999 cc: File WZ -99 -09 LEGAL DESCRIPTION OF PROPOSED REZONING AREA: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOT 7, LEE'S SUBDIVISION, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S.89'13'31 "W. ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 20, A DISTANCE OF 1323.72 FEET TO THE EAST 1/16 CORNER BETWEEN SECTIONS 20 AND 17; THENCE S.00'23'20 "E. ALONG THE NORTH -SOUTH CENTERLINE OF THE NORTHEAST' ONE- QUARTER OF SAID SECTION 20, A DISTANCE OF 977.02 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY RECORDS BEING THE NORTHWEST CORNER OF TABOR DEVELOPMENT SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON COUNTY RECORDS IN PLAT BOOK 132 AT PAGE 1 AND THE TRUE POINT OF BEGINNING; THENCE N.64'10'38 "W. A DISTANCE OF 98.49. FEET TO THE TRUE POINT OF BEGINNING; THENCE N.89'09'39 "E. A. DISTANCE OF 500.43 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0811522 OF THE JEFFERSON COUNTY RECORDS; THENCE NORTHERLY AND WESTERLY ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT THE FOLLOWING THREE (3) COURSES: 1. N.09 07'45"W. A DISTANCE OF 33.00 FEET; _ 2. N.00'35'50"W. A DISTANCE OF 198.70 FEET;" 3. S.64'10'38"W. A DISTANCE OF 547.77 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 57,401 SQUARE FEET OR 1.318 ACRES, MORE OR LESS. LEGAL DESCRIPTION: THAT PART OF LOTS 7 & 8, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT •A POINT ON THE WEST LIN OF LOT 8, L=='S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, WHICH POINT IS 166.96 FT. NORTHERLY OF THE SOUTHWEST CORNER 0= SAID LOT 8; THENCE N 00'23'26" W ALONG THE WEST LINE OF LOTS 7 & 8, OF SAID LEE'S SUBDIVISION A DISTANCE OF . 179.50 FT. TO A. POINT; THENCE N 64'05'09" E A DISTANCE OF 98.80 =i. THENCE, N 89'03'28" E A DISTANCE OF 500.55 ri. TO THE WEST LINE OF A R.O.W. PARCEL 179A (C.D.H.) AND THE EAST LINE OF PROPERTY. T;HENC= ALONG SAID R.O.W. LINE S 09'06'20" E A. DISTANCE OF 223.35 FT. THENCE S 89'02'49" W A DISTANCE OF 623.50 r.. TO THE 'POINT OF BEGINNING. THIS PLAT CONTAINS 3.03 ACRES MORE OR LESS. EXCEPT ANY PORTION THEREOF DEDICATED TO PUBLIC USE. NOTE:. IRRIGATION DITCH EASEMENTS DESCRIBED HEREIN ARE NOT PART OF THE CITY OF WHEAT RIDGE'S DEDICATION. 7500 West 29 Avenue Planning: Parks & Recreation: Public Works: Fax: DATE I Name: Organization: Fax: Phone: From: Dept: 5ub ject: # of Pages: Comments: Wheat Ridge, CO 80215 Phone # (303) 235 -2846 Phone # (303) 235 -2877 Phone # (303) 235 -2861 Phone # (303) 235 -2857 Planning ❑� Parks & Rec ation ❑ Public Works ❑ (Including cover pie) Original to follow in the mail ❑ Yes ❑ No LEGAL DESCRIPTION OF PROPOSED REZONING AREA: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOT 7, LEE'S SUBDIVISION, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE 5.89'13'31 "W. ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 20, A DISTANCE OF 1323.72 FEET TO THE EAST 1/16 CORNER BETWEEN SECTIONS 20 AND 17; THENCE S.00 "23'20 "E. ALONG THE NORTH -SOUTH CENTERLINE OF THE NORTHEAST' ONE- QUARTER OF SAID SECTION 20, A DISTANCE OF 977.02 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY RECORDS BEING THE NORTHWEST CORNER OF TABOR DEVELOPMENT SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON COUNTY RECORDS IN PLAT BOOK 132 AT PAGE 1 AND THE TRUE POINT OF BEGINNING; THENCE N.64'10'38 "W. A DISTANCE OF 98.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE N.89'09'39 "E. A DISTANCE OF 500.43 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0811522 OF THE JEFFERSON COUNTY RECORDS; THENCE NORTHERLY AND WESTERLY ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT THE FOLLOWING THREE (3) COURSES: 1. N.09'07'45"W. A DISTANCE OF 33.00 FEET; 2. N.00'35'50 "W. A DISTANCE OF 198.70 FEET; 3. S.64'10'38"W. A DISTANCE OF 547.77 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 57,401 SQUARE FEET OR 1.318 ACRES, MORE OR LESS. LEGAL DESCRIPTION: THAT PART OF LOTS 7 & 8, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 8, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, WHICH POINT IS 166.96 F7. NORTHERLY OF THE SOUTHWEST CORNER OF SAID LOT 8; THENCE N 00'23'26" W ALONG THE WEST LINE OF LOTS 7 & 8, OF SAID LEE'S SUBDIVISION A DISTANCE OF 179.50 FT. TO A. POINT; THENCE N 64'05'09" E A DISTANCE OF 98.80 =i. THENCE, N 89'03'28" E A DISTANCE OF 500.55 F TO THE WEST LINE OF A R.O.W. PARCEL 179A (C.D.H.) AND THE EAST LINE OF PROPERTY. THENCE ALONG SAID R.O.W. LINE S 09'06'20" E A DISTANCE OF 223.35 i. THENCE S 89'02'49 W A DISTANCE OF 623.56 FT. TO THE POINT 0' BEGINNING. THIS PLAT CONTAINS 3.03 ACRES MORE OR LESS. EXCEPT ANY PORTION THEREOF DEDICATED TO PUBLIC USE. NOTE: RRIGATION OITCH EASEMENTS DE SCRIBED HEREIN ARE NOT PART OF THE CITY OF WHEAT RIDGE'S DEDICATION. V'3v -16 -99 03 :31P Robinson and Scheur - 303 985 -329 ROBINSON & SCHEMER A Pmr=wW cme«miou Ridurd 7. Sdmu,a ATTORNEYS AT LAW 143 Utim Boulevard Suite 623 Lakmood, Colorado 8022 &1827 'relol$orp (303) 985 -2390 Fae(303) 985.3297 FAX TRANSMISSION TO: Alan White, City of Wheat Ridge FROM: Richard Scheurer DATE: November 16, 1999 NUMBER OF PAGES (including this page): 2 COMMENTS: Please see attached letter. ORIGINAL WILL FOLLOW BY REGULAR MAIL. FAX #: 303 - 235 -2857 CLIENT ID#: BLUMJ PLEASE NOTE: IF YOU HAVE NOT RECEIVED ALL THE ABOVE PAGES, PLEASE CALL THE INDIVIDUAL ABOVE AT (303) 985 -2390. THANK YOU. CONFIDENTIAL COMMUNICATION THIS MESSAGE IS INTENDED ONLY FOR THE USE OF TTir DESIGNATED RECIPIENT NAMED ABOVE. T11IS MESSAGE MAY BE AN ATTORNEYCLEE TT COMMUNICATION AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED CONFIDENTIAL AND EXFA471' FROM DISCLOSURE UNDER APPLICABLF. LA W. IF THE RFApER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVF, RECEIVED THIS DOCUMENT T IN ERROR, AND 1HAT ANY R ,,VIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECFJ VM' THIS MESSAGE IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TEUTHONF. AND RETURN TIC BY MAIL, THANK YOU. ORIGINAL MESSAGE TO US AT'lHE ABOVE ADDRESS P.01 '.ov -16 -99 03:32P Robinson and Scheurer 303 985 -329 P -02 Richard J. Scheurer ROBINSON & SCHEMER A Professional Corporation ATTORNEYS AT LAW 143 Union Boulevard Suite 625 Lakewood, Colorado 80228 -1827 Telephone (303) 985 -2390 Fax (303) 9853297 November 16, 1999 Alan White Director of Planning and Development City of Wheat Ridge 7500 West 29 Avenue Wheat Ridge, CO 80033 Re: Case No. Wz99 -09 4651 Tabor Street Dear Alan: BY FAX & REGULAR MAIL Our firm has been retained by Mr. I.R. Blumenthal to represent Trailer Source, Inc. in rezoning property from agricultural l to planned commercial development. Currently, that matter is scheduled for a first reading before City Council on November 22, 1999, with a final hearing and reading on December 1, 1999. Because of scheduling conflicts and the need for me to get up to speed with regard to this application, I hereby request that the first reading of the referenced case be continued to an early date in December, and that the second reading and final hearing for this matter be conducted before City Council in the first part of January, 2000. It would be appreciated if you would take whatever steps are necessary to present this requested continuance. If you should have any questions regarding this matter or need any additional information, please advise. Very truly yours, RJS:rm cc: Glen Gidley chard I. cheurer blu V"4eV n \whadmll1619" ROBINSON & SCHEMER A Professional Corporation Richard J. Scheurer ATTORNEYS AT LAW 143 Union Boulevard Suite 625 Lakewood, Colorado 80228 -1827 Telephone (303) 985 -2390 Fax(303)985 -3297 November 16, 1999 a Alan White Director of Planning and Development City of Wheat Ridge BY FAX & REGULAR MAIL 7500 West 29' Avenue Wheat Ridge, CO 80033 Re: Case No. WZ99 -09 4651 Tabor Street Dear Alan: Our firm has been retained by Mr. J.R. Blumenthal to represent Trailer Source, Inc. in rezoning property from agricultural 1 to planned commercial development. Currently, that matter is scheduled for a first reading before City Council on November 22, 1999, with a final hearing and reading on December 1, 1999. Because of scheduling conflicts and the need for me to get up to speed with regard to this application, I hereby request that the first reading of the referenced case be continued to an early date in December, and that the second reading and final hearing for this matter be conducted before City Council in the first part of January, 2000. It would be appreciated if you would take whatever steps are necessary to present this requested continuance. If you should have any questions regarding this matter or need anv additional information, please advise. Very truly yours, c chard J. cheurer RJS:rm cc: Glen Gidley b1=jVeUm%white1n- 11161999 7011411K AND PLANNLNGAaWATES 8684 W. WARREN DR, ZAN LAKEWOOD, COLORADO 80227 PHONE: 303- 763 -5221 PAGER: 303 - 905 -8526 FAX: 303 - 763 -5221 GLENGLDLEY, ALC IWLTORO COMSOLTING • FACILITATION • NEGOTIATION • ANALYW • DEVELOPMENT • REAL UTATFZRwaE November 9, 1999 TRANSMITTAL TO: Martin Orner, Planner City of Wheat Ridge, Planning & Dev. Dept. RE: Trailer Source Revised Plans Please find attached 15 sets of the revised PCD Combined Outline and Final Development Plan, and 15 sets of the plat. Revisions include all of the Planning Commission recommendations, except that Permitted Use No. 35. Similar uses, has been retained, as we reviewed with you on October 18` We have also revised the landscape key to distinguish "existing shrubs ", and have added the additional trees that are required. I have highlighted the top plan set to show where the revisions have occurred. It is my understanding that we are scheduled for V' reading on November 22"', and 2 " reading /public hearing on December 13` Please let me know if there is any change in schedule, or if you need any additional information. I would like a copy of your staff report faxed to 303 - 763 -5221 as soon as it is completed. Thank you for all of your help and understanding in this matter. AGENDA ITEM RECAP QUASI - JUDICIAL X Yes No _ PUBLIC HEARINGS _ CITY ADM. MATTERS -ELEC. OFFICIALS MATTERS _ PROC. /CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 1 ST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WZ- 99- 09/Trailer Source SUMMARY/RECOMMENDATION: Approval to rezone from A -1 to PCD with approval of a combined outline and final development plan and approval of a subdivision plat for property located at 4651 Tabor Street. ATTACHMENTS: 1) PC report dated 9 -16 -99 2) PC minutes dated 9 -16 -99 3) Council Bill No. BUDGETED ITEM: Yes Fund Dept /Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill No. , be approved on first reading, ordered published, public hearing be set for Monday, October 25, 1999 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." CdBarbua \CCRPTS \w.9909.wpd � �CQ -Gr�r �, � ��� �v�,� wrn � ��� � , �l� � ��� �t � /G C� �cr�o � c� �.C fl�rs c� to ri �i� -taa�l w c-��� ���� 4, c�oc3� �� ��a /�3 > n 7 Z 4jz©� ( - cgd �/ MEMORANDUM Approved Date TO: Alan White, Director of Planning and Development FROM: Steve Nguyen, Traffic Engineer rt DATE: Friday, September 24, 1999 SUBJECT: Trailer Source Access Drive at 4651 Tabor Street, (WZ- 99 -09) Planned Industrial Development This serves as a response to your memo dated September 20, 1999 regarding the above subject. Based on your memo and our earlier conversation, the unsafe traffic condition has been identified as two issues. One is the sight distance to the north caused by the guardrail and the other is the current driveway can not handle oversize vehicles. A traffic study was not required with the previous development. The solution needed to correct the site distance problem would be to raise the asphalt driveway apron. This would aid the exiting vehicle in being able to sight for traffic over the guardrail. Sight distance will increase when the apron is modified as discussed. Care should be taken in the design and construction of the apron to avoid sharp change in profile that could create bottom out for vehicles. A review of the current driveway indicates that it is insufficient to handle such vehicle sizes. The previous review did not anticipate the frequent use of semi- tractor vehicles to and from this site. To accommodate this type of vehicle, both the current driveway and the apron will have to be widened. The widened limit will need be wide enough for the semi - tractor trailers to access the site without causing excessive traffic impediment on Tabor Street. The Department of Public Works believes that these two items need to be implemented to eliminate the traffic hazzards at the driveway. An engineering construction plan is needed so that the Public Works Department can review and approved the design prior to construction. Please see me if you wish to discuss this further. Cc: Bob Goebel, Director of Public Works Greg Knudson, Development Review Engineer UW( 0/17j7 00:U4 6UJIbioLL1 UIULLY rRVG VI 70NIZ AND HANNIN&A=WU 8684 W. NARPtN DR. ZAN PA �R.o 303 905-8526 0227 FAX: 303 - 763 -5221 9.&VQU Y, AEP1RFAL70c R CONSOL77N6. FACILlr4770N • NEG071ArlON • ANALYSIS • DEyEtOPAfENT • REAL ar47E'ZkVICES Friday, Septeml7er24, 1999 FASCIMILE TO: Martin Omer C e �iL'r✓r 5- t rlt o Wheat Ridge Planning Dept. PROM: Glen Gidley _ Please do not schedule the Blumenthallfrailer Source case before City Council for 15c or 2 reading before we have an opportunity to revise the plans, review the revisions with you, and agree to a schedule. Thank you, Glen Gidley City of Wheat Ridge Planning and Development Department Memorandum TO: Steve Nguyen, Traffic Engineer FROM: Alan White, Director of Planning and Development SUBJECT: Amendment to Trailer Source Planned Industrial Development (WZ- 99 -09) DATE: September 20, 1999 During the September 16, 1999 Planning Commission hearing for this case, significant testimony was received from the public regarding possible unsafe traffic conditions on Tabor Street resulting from semi - tractor trailer delivery trucks entering and exiting the Trailer Source property. Staff referral comments received from the Public Works Department Traffic Division state no comments at this time. The applicant's representative stated there was a traffic study done for the original zoning, but since I wasn't here at that time, I don't know what the conclusions of that study or our review were. The applicant's representative stated that the City's concerns were already addressed. The applicant's representative also stated that CDOT was in a position to dictate the width of Trailer Source's driveway at the intersection with Tabor Street. I do not know if this is so. Anticipating that these issues will be brought up by residents at the October 25` City Council hearing on this case, an updated memo from the Traffic Division would be helpful in educating me on these issues and the conclusions reached previously. Thanks for your help. 7. PUBLIC HEARING A. Case No. WZ- 99 -09: An application submitted by J. R. Blumenthal for approval of a rezoning from Agricultural -One to Planned Commercial Development, approval of an amended Outline and Final Development Plan, and approval of a consolidation plat for property located at 4651 Tabor Street. This case was presented by Martin Omer. He reviewed the staff report and presented overheads and slides of the subject property. All pertinent documents were entered into the record and Mr. Omer advised that there was jurisdiction to hear the case. Staff recommended approval of the application with certain conditions as outlined in the staff report. Commissioner SNOW asked for clarification about landscaping. Mr. Omer replied that there is presently 25% landscaping as approved in 1995. The applicant is proposing to landscape 20% of the combined overall site. In response to a question from Commissioner SNOW, Mr. Omer replied that snowmobiles and all terrain vehicles (ATV's) are classified as personal recreational vehicles. Small water craft (such as jet skis and wave runners) are classified as boats. Commissioner THOMPSON expressed concern that Tabor Street was not constructed to accommodate semi - trailer trucks. Also, she wanted consideration given to the fact that semi drivers ignore "no parking" and "no truck traffic" signs. She felt that if semi's are allowed to deliver onto the property, the access drive needs to be made adequate and have adequate sight triangles, and that semi's must be able to park on the property and not outside of it. She expressed concern that this property not develop into RV sales or industrial use. Commissioner MACDOUGALL expressed concern about the noise factor associated with test driving of ATV's. Commissioner DOYLE inquired about screening of rental vehicles from adjacent properties. Mr. Omer stated that it was his understanding that the applicant has agreed to screen rental equipment areas from Tabor Street. (Vice Chair GOKEY announced a brief recess at 8:50 p.m. The meeting was reconvened at 9:10 p.m.) Glen Gidley 8684 West Warren Drive, Lakewood Mr. Gidley, representing the applicant, was sworn in by Vice Chair GOKEY. He stated that because businesses have to respond to the market, the applicant took advantage of the opportunity to obtain an Artic Cat franchise a year after they opened business. The franchise includes ATV's, snowmobiles and jet skis. They have been operating this component of business for two years and, according to owner's records, the majority of ATV's and Planning Commission Page 2 September 16, 1999 snowmobiles are used by ranchers. The predominant testing of ATV's occurs after they are assembled on -site. All but three or four display ATV's are stored inside. He believed that ATV's and snowmobiles fall under the classification of "other similar uses" and could find nothing in writing that states these are not permitted uses. Mr. Gidley reviewed the site plan and stated that the applicant purchased the subject triangle of land primarily to take care of problems associated with delivery. He noted that, while the code requires 10% landscaping, the plan provides 20 %; the frontage on Tabor exceeds minimum requirements for street trees; and the I -70 frontage road is a state highway and street tree requirements should not apply (the applicant wants visibility from I -70). In regard to neighborhood concerns, Mr. Gidley stated that the applicant plans to place a sign on the property to prohibit delivery trucks from parking there and, if drivers park there anyway, the neighbors can call the police and drivers will be ticketed. He noted that the plan configuration will allow trucks to turn around on the site and that the owners have also purchased their own semi -truck to pick up products and deliver them to their site in order to decrease delivery trips by other trucks. He stated that the owner makes one order a year for ATV's, snowmobiles and jet skis which results in one delivery per year. He stated that trees were removed along the irrigation ditch at the request of the ditch company. In regard to neighborhood comment that 30 trailers were allowed and now there are 200, he stated that the applicant has always had over 200 trailers in inventory. In regard to detention area concerns, parking on a regular basis will not be allowed and customer parking will take place on hard surfaces. In regard to concerns about semi's, Mr. Gidley stated that the area north of I -70 is an industrial area with three access points, one of which is Tabor Street. His client's business didn't bring the semi's to this area. He stated that the applicant averages two semi deliveries per week. He included the prohibition of semi trucks and trailer parking from adjacent commercial zone districts to ensure that the truck stop will not be allowed to expand onto this site and that, even if the applicant sold his property to the truck stop, the truck stop could not use the land to park trucks. In conclusion, he stated that the business generates a substantial amount of revenue for the city and asked for approval of the application. Jim Blumenthal 7048 Torrey, Arvada Mr. Blumenthal, President of Trailer Source, was sworn in by Vice Chair GOKEY. In regaLd to concerns about weeds on his property, he explained that he usually sprays them three times a year, but this year he was waiting until the subject parcel was approved so that he could spray the entire area at one time. In response to a question from Commissioner COLLINS, Mr. Blumenthal said he would be willing to move the driveway gate further down the driveway, but felt that this could encourage trucks to park there for the weekend. Mr. Blumenthal stated that parking has not been allowed in the detention area since neighbors complained. He stated that there have been 13 semi -truck Planning Commission Page 3 September 16, 1999 deliveries over the past 90 days and that his plan would allow for semi's to turn around on the property before exiting onto Tabor Street. In regard to a question from Commissioner DOYLE, Mr. Blumenthal stated that US West placed a silt fence on the property. Commissioner SNOW wanted assurance that flatbed trailers used by the applicant to haul snowmobiles not be interpreted to mean flatbed trailers for semi - trucks. Commissioner SNOW also expressed concern that the language was not specific enough to prevent semi's from waiting to load or unload at adjacent businesses. Mr. Gidley stated that he would reword the plan to make sure that this concern is addressed. Mr. Gidley assured the Commission that his client has no intention of selling RV's or motor homes. Commissioner SNOW asked about storage of ATV's. Mr. Gidley explained that they have approximately ten assembled ATV's and the others are stored in crates until such time as they need to be assembled. Commissioner THOMPSON expressed concern about the owner's semi -truck and asked if the truck could be listed as a special use to preclude future owners from having several semi's on the property. Mr. Gidley replied that he would include that requirement in the development plan. In response to a question from Commissioner THOMPSON, Mr. Gidley explained that the Colorado Department of Transportation (CDOT) dictated the width of the applicant's driveway. Commissioner MACDOUGALL asked if the pond located west of the building would be filled in when the area is re- graded. Mr. Blumenthal replied that this low area is actually for the collection of oil from a floor drain and was required by Fruitdale Sanitation District to keep oil from draining into nearby ditches. Commissioner MACDOUGALL also requested the applicant to cut the weeds south of the main building. Commissioner SNOW asked if there was adequate room for the largest semi to turn around on the property. Mr. Blumenthal replied there was adequate room for the longest single trailer which is approximately 53 feet in length. In regard to concerns about double trailers making deliveries onto the property, he stated that it would simply not be feasible for double trailers to make deliveries to the property. In response to a question from Commissioner GOKEY, Mr. Blumenthal stated that no existing landscaping will be removed and that additional landscaping will be added to the new piece of property. Mr. Blumenthal commented that it is hard to control semi's parking because drivers change frequently, etc. and companies will sometimes send one order on three partial loads. In order to address that problem, he stated that his company has a contract with his personal water craft supplier which will allow him to send his own semi to pick up their entire order at one time. Planning Commission Page 4 September 16, 1999 Commissioner THOMPSON requested that hours of test driving be spelled out and that the plan be rewritten to ensure that future owners cannot use this area for an ATV track. Vice Chair GOKEY asked to receive public comment. Mr. White reminded the Commission that there is another application on the agenda and Commission bylaws state that no public hearing shall be started after 11:00 p.m., except upon a majority vote of the Commission. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that the rules be suspended to continue the meeting in order to hear the second case on the agenda after 11:00 p.m. The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. Kim Stewart 1700 West 46th Avenue Ms. Stewart was sworn in by Vice Chair GOKEY. She stated that the neighborhood's quality of life has been affected by the increased traffic and the ingress /egress from the property since the inception of this business. In 1995 the applicant said they would have a minimal impact on the neighborhood because few people could afford the high -end customized horse trailers. She expressed concern about fire protection access to her neighborhood and noted that in addition to semi's, Trailer Source customers also park in traffic lanes on Tabor. She didn't believe the plan would alleviate the semi -truck problems. Ms. Stewart stated that things had changed since the neighborhood meeting until this hearing. She felt that personal recreational craft were out of compliance with the zoning and did not fit in with horse related equipment (a limitation that was previously negotiated.) She also stated that the 7000 pound empty weight limitation for vehicles using Tabor is violated all the time and that the police department doesn't respond to complaints concerning this matter. She stated that the neighborhood does not want future owners of this land to have the ability to sell cars and RV's. Ms. Stewart requested that the plan not be approved until a total site plan is submitted to include the property immediately to the south of Trailer Source and that Trailer Source demonstrate the ability to conform to the current zoning for at least 3 -6 months before being allowed to have any additional considerations. She further requested that Trailer Source not be allowed to sell personal water craft, ATV's or any other motorized vehicles not allowed under present zoning and that the sale of boats be removed as sales items. She asked that there be no zoning change that would allow any type of floral sales, wholesale or otherwise; that Trailer Source be held accountable for the endangerment of traffic on Tabor as their customers and providers continue to park there during heavy use times; and that Trailer Source not be allowed to utilize the property to the south as a parking lot until such time as the zoning is changed. She stated that the proposed plan will increase traffic and traffic hazards and will not alleviate the Planning Commission Page 5 September 16, 1999 problem of semi's or other vehicles getting in and out of Trailer Source or being there before or after the business is open. She stated that the company has not honored current zoning and citizen questions about these violations which have not been addressed until the present time. She felt the matter appears weighted in favor of the business. Commissioner THOMPSON asked if there was anything that would prevent a future owner from turning this property into car dealership. Mr. White replied that this could not occur unless the plan is amended to allow car sales. In response to a question from Commissioner THOMPSON, Mr. White replied that camper trailers and boat sales were allowed in 1995. Commissioner SNOW asked Ms. Stewart what she felt could go in this area without having an impact on the neighborhood. Ms. Stewart replied that the neighborhood is asking for an over- all honest plan rather than doing it piecemeal.; and that they feel semi - trucks are dangerous on Tabor Street. Ed Moreno 4655 Swadley Street Mr. Moreno was sworn in by Vice Chair GOKEY. He stated that his biggest concern in 1995 was that semi's would not be able to adequately turn in and out of the property and this has proved to be true. He stated that it is very dangerous for semi's to park on Tabor. He requested that the city install sidewalks for the school children in this area. He also expressed concern about glare from additional advertising signs. He asked the Commission to deny this request because it will increase existing traffic problems. Rita Bader 4675 Swadley Street Ms. Bader was sworn in by Vice Chair GOKEY. She expressed concern about drainage and noted that the neighborhood has experienced flooding for the first time in thirty years. She was not sure if the flooding was related to Trailer Source. She expressed concern about fire safety and illuminated signs. She wanted to know the plans for the property to the south. Ann Keller had signed up to speak, but stated that Kim Stewart addressed her concerns. Vice Chair GOKEY asked if there were others present who wished to address this matter. Hearing no response, Glen Gidley returned to the podium for rebuttal. Regarding horse - related business, the applicant is continuing to do that; however, the additional uses such as selling ATV's are permitted under Wheat Ridge ordinance. He commented that there will probably be a rezoning request for the property to the south at some time in the future, but the applicant doesn't have a plan for that land right now. He stated that the applicant is not parking Trailer Source vehicles on that property now. He agreed that the city should install sidewalks on Tabor Street. He stated the applicant is attempting to mitigate the delivery problems by acquiring his own semi which should decrease deliveries by one - third. He further noted that, although there has been discussion about major traffic problems, there have been no accidents since this business opened in 1996. Planning Commission Page September 16, 1999 Commissioner COLLINS asked if any Trailer Source employees are parking on the south lot. Mr. Blumenthal said that 2 -3 employees park in that area, but he would agree to disallow that if it is the Commission's wish. Commissioner COLLINS expressed concern about selling jet skis, etc. since they are not horse related. Mr. Blumenthal stated that the horse business has changed and sales are down and he is simply accommodating the changes in his business. He also stated that he does not anticipate ever expanding onto the property next door. Commissioner THOMPSON asked if the applicant would be willing to build a non - illuminated monument sign on Tabor Street rather than a 25 -foot high sign as allowed under the code. Mr. Blumenthal agreed to this request. Commissioner DOYLE asked how much of the business is related to water craft. Mr. Blumenthal replied that this year he ordered for 65 snowmobiles, 70 ATV's and 15 water craft. Commissioner DOYLE asked if he would consider eliminating the water craft. Mr.. Blumenthal explained that taking on the line of Artic Cat involves the entire line which includes generators, ATV's, snowmobiles and water craft. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that the hearing be continued until a new plan is formulated to move the gate back 60 feet to take some traffic off of Tabor and allow for some designated parking areas. Commissioner SNOW stated that if the motion fails, she would make a motion to deny the application. The applicant asked for a continuance to a date specific. In response to a question from Commissioner THOMPSON, Mr. White stated that if this request is denied, the applicant's next step would be to appeal to the City Council. Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS' motion died for lack of a second. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1 Agricultural to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the following reasons: 1. The proposed expanded sales and uses do not meet the intended use of the original development which was primarily to be horse - related and portrayed as producing limited traffic. 2. This business needs the use of semi - trailers which are not compatible with the adjacent residential and agricultural uses. Planning Commission Page 7 September 16, 1999 3. Adequate evidence has been presented that the traffic and parking generated from this business impedes smooth traffic flow on Tabor and imposes safety hazards. 4. The addition of retail sales of snowmobiles, all- terrain vehicles, and water craft and the traffic expected from those uses is projected to compound the traffic and parking problems already caused by this business. Commissioner GOKEY commented that traffic reports have not indicated a traffic hazard, there have been no accidents in the area, and the Police Department has indicated no objections. Commissioner SNOW responded that she takes testimony from the neighbors as evidence of traffic problems. Commissioner THOMPSON stated that, while she understands the neighbor's concerns as well as the applicant's concerns, she felt that if the application is denied and proceeds to Council there would be no way for the Commission's concerns to be presented and she would therefore vote against the motion for denial. Commissioner SNOW stated that, although she felt the applicant has done his best to fit in with the neighborhood, this is a situation that cannot be remedied to make it compatible with the neighborhood. The motion failed by a vote of 2 to 4 with Commissioners THOMPSON, DOYLE, GOKEY and MACDOUGALL voting no and Commissioner BRINKMAN absent. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for APPROVAL for the following reasons: 1. Due to location and access characteristics, the subject property could not reasonably be used for or by any other user than the applicant. 2. The uses proposed for the property are similar to uses permitted in other commercially zoned districts of the City's zoning regulations. 3. Rezoning the property to Planned Commercial Development for the uses proposed is consistent with the City's existing Comprehensive Plan. Subject to the following conditions: 1. The property owner shall provide details of the proposed Tabor Street sign prior to City Council. This sign shall be no more than 5 feet in height, no more than 50 square feet total, and will not be illuminated. Planning Commission Page 8 September 16, 1999 2. The property owner shall install, at their expense and with the review of the City Public Works Department, required sign(s) on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy their easement requirements. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall occur on the western end of the property, with speed limits not to exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas, such as test tracks, shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting toward satisfying this requirement. 10. No more than one semi -truck can be parked on this property overnight and this condition would be for this owner only. 11. The list of permitted uses shall be changed to include No. 37 which would exclude the sale of automobiles on this property; and No. 38 which would exclude the sale of RV /motor homes. A correction shall be made to the permitted uses under N^, 14 that it would read: "Parking of automobiles of clients, patients and patrons or occupants of adjacent commercial districts, except no parking of semi - trucks or trailers except while actively loading or unloading." Commissioner COLLINS offered an amendment to exclude Item No. 35 from the list of permitted uses. This amendment was accepted by Commissioners THOMPSON and MACDOUGALL. Planning Commission Page 9 September 16, 1999 Commissioner SNOW moved and Commissioner COLLINS seconded to delete Item 7, and that snowmobiles, all- terrain vehicles and watercraft are specifically excluded. The motion failed by a vote of 3 to 3 with Commissioners GOKEY, THOMPSON, and DOYLE voting no and Commissioner BRINKMAN absent. A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote of 4 -2 with Commissioners SNOW and COLLINS voting no. Commissioner SNOW requested the record to reflect that she voted against the motion for the same four reasons as noted in her original motion to deny Case No. WZ -99 -09 found on page 7. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for APPROVAL for the following reasons: The Amended Outline and Final Development Plan is consistent with the City's existing Comprehensive Plan. 2. The development standards meet or exceed those of other commercial zones in the City. 3. The Amended Outline and Final Development might resolve the traffic problem with delivery trucks currently occurring on Tabor Street. With the following conditions: 1. The property owner shall provide details of the proposed Tabor Street sign prior to City Council. This sign shall be no more than 5 feet in height, no more than 50 square feet total, and will not be illuminated. 2. The property owner shall install, at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. Planning Commission Page 10 September 16, 1999 5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy their easement requirements. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and /or serviced on the property, test driving shall occur on the western end of the property, with speed limits not to exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas, such as test tracks, shall not be permitted. S. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 20% of the entire acreage as landscape area, with drive and display areas not counting toward satisfying this requirement. 10. No more than one semi -truck can be parked on this property overnight and this condition would be for this owner. 11. The list of permitted uses shall be changed to include No. 37 which would exclude the sale of automobiles on this property; and No. 38 which would exclude the sale of RV /motor homes. That a correction be made to the permitted uses under No. 14 that it would read: "Parking of automobiles of clients, patients and patrons of occupants of adjacent commercial districts, except no parking of semi - trucks or trailers except while actively loading or unloading." Commissioner COLLINS commented that he felt traffic problems would be increased as a result of this plan approval. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that reason no. 3 be deleted. The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to amend condition No. 9 to read: "The property owner shall maintain a ratio of 25% landscaping on the acreage included in the original planned development." The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. Planning Commission Page 11 September 16, 1999 It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON to amend Condition No. 11 by deleting the words "except while actively loading or unloading." The motion passed by a vote of 6 -0 with Commissioner BRINKMAN absent. A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote of 4 -2 with Commissioners COLLINS and SNOW voting no and Commissioner BRINKMAN absent. Commissioner SNOW requested the record to reflect that she voted against the motion for the same four reasons as noted in her original motion to deny Case No. WZ -99 -09 found on page 7. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of the plat will consolidate the parcels under one ownership. 2. Approval of the plat provides the unified control required for a Planned Commercial Development. The motion passed by a vote of 4 -2 with Commissioners COLLINS and SNOW voting no and Commissioner BRINKMAN absent. Commissioner SNOW requested the record to reflect that she voted against the motion for the same four reasons as noted in her original motion to deny Case No. WZ -99 -09 found on page 7. B. Case No. WZ- 99 -10: An application filed by 44th Eldridge, LLC, for approval to amend the existing 44th Industrial Park Planned Industrial Development to expand the list of permitted uses for Use Area 1 -A/Lot 29 of the 44th Industrial Park generally located at 13000 West 43rd Drive. This case was not formally presented by staff due to the lateness of the hour. Because the Commission had thoroughly reviewed the information contained in their packets concerning this application. It was moved by Commissioner SNOW and seconded by Commissioner MACDOUGALL that Case No. WZ- 99 -10, a request for approval of an amended Outline and Final Development Plan be APPROVED for the following reasons: 1. The amended Outline and Final Development Plan is consistent with the Three Mile Plan and the Draft Comprehensive Plan. Planning Commission Page 12 September 16, 1999 5 e� c o-- / C --= 7/(o t 15 . / i -- �iU✓u� � � Ua j � 9 (� S � l�� e-o /r40 •mot � /2� T C //� �e� �✓�� c�� Co € Wgo - e �� � �� T,17 C�6 z/G I�L A. art l a4 j 4 •&�, c/ I A� - -44 -4 - -- '147- C,-� / 4v,e - -, Z-- p 4 + /,? z-z� � - Z� PUBLIC HEARING SPEAKERS' LIST CASE NO: 2— 9 9 —p9 L c J5 2 6 ' REQUEST .T. ,2 L U ier u L DATE: September 16, 1999 Fa er- - 2 0AI /.+/ G- 40 A-/ /) C D FD OU - E' ie� u c, PevP�2i s' �oca7�/J /4T (PLEASE PRINT) Speaker Name Address /Phone In Favor / Opposed Wm Fla) Aj 3o -`131 X67 Yin 303 11 STY y o� DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: CITY OF WHEAT RIDGE Ix( Ulm PLANNING DIVISION STAFF REPORT TO: Planning Commission P,— DATE OF MEETING: September 16, 1999 DATE PREPARED: September 3, 1999 CASE NO. & NAME: WZ -99 -09 CASE MANAGER: Martin Orner ACTION REQUESTED: Rezone 1.3 Acres From A -1 Agricultural to Planned Commercial 00 EXHIBITS Development (1.3 Acres), Consolidate 1.3 Acres with Adjacent 3.63 Acres, and Amend the Outline and Final Development Plan for the case. Tabor Development Planned Commercial Development (3.13 Acres) LOCATION OF REO@UEST: Southwest Corner Tabor Street and Interstate 70 (4651 Tabor Street) NAME & ADDRESS OF APPLICANT(S): J.R. Blumenthal 4651 Tabor Street, Wheat Ridge, CO 81133 NAME & ADDRESS OF OWNER(S): Skitzo Offshore, LLC 4651 Tabor Street, Wheat Ridge, CO 81033 APPROXIMATE AREA: 4.33 Acres Total PRESENT ZONING:. A -1 Agricultural: 1.3 Acres Planned Commercial Development: 3.93 Acres PRESENT LAND USE: 1.3 Acres: Unimproved 3.03 Acres: Trailer Sales and Service, Personal Recreational Vehicle Sales and Service, Limited Sales of Pick Up Trucks, Outdoor Display SURROUNDING ZONING: N: Interstate 70 then Planned Industrial Development; S: A -1 Agricultural; E: R -2 Residential; W: C -1 Commercial SURROUNDING LAND USE: N: Interstate 76 then Commercial and Industrial; S: Large Lot Residential; E: Medium Density Residential; W: Commercial (Truck Stop) COMPREHENSIVE PLAN: Multiple Land Use DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: August 27, 1999 August 31, 1999 August 27, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES 0 SUBDIVISION REGULATIONS 00 EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. — I Ir REQUEST The application consists of three related requests: 1. Approval to amend the Tabor Development Outline and Final Development Plan/Planned Commercial Development to modify the list of permitted land uses and site development standards for said Plan. Because the uses and development standards are proposed for amendment, this action constitutes a rezoning according to Section 26 -6(c) of the Wheat Ridge Code of Laws. 2. Approval to rezone 1.3 acres of land purchased from the Colorado Department of Transportation from A- 1, Agricultural to PCD, Planned Commercial Development with associated site development and land use criteria, and To consolidate the 1.3 acres parcel with the Trailer Source 3.03 acre parcel (included for informational purposes, requires administrative approval only). II. CASE HISTORY The attached original rezoning map (Case No.WZ -95 -9) from A -1 Agricultural to Planned Commercial Development of 3.03 acres currently occupied by Trailer Source, was approved by City Council in September of 1995. Said approval created the Tabor Development Outline and Final Development Plan Planned Commercial Development. City Council approval included a development plan reflecting use areas as well as a list of permitted land uses: Also approved was the subdivision of the property, platting 3.03 acres for the Trailer Source business. Since the original City Council approval, the property owners have purchased an additional 1.03 acres of surplus right -of -way from the Colorado Department of Transportation, which property is north of and adjacent to the existing Trailer Source property, and south of Interstate 70. Said additional acreage is the subject of the rezone request and the smaller parcel for the lot consolidation plat approval. As part of the case history, City Code Enforcement Staff contacted the property owner regarding the display of trailers on the 1.3 acres zoned A -1, which is in violation of City Code. The property owner complied with staff s request and moved the trailers off of the A -1 zoned property. The property owner has also erected signage on the fence adjacent and oriented to Interstate 70, which is in violation of City Code. Upon notification of this violation, the property owner agreed to remove the fence signage. At the applicant's neighborhood meeting, questions were raised as to the sale and service of all terrain vehicles and snow mobiles occurring on the Trailer Source Planned Commercial Development (PCD) property. It was suggested that such a land use was not permitted as part of City Council's approval. Staff has researched this issue and has found that sales and service of all terrain vehicles and snow mobiles is not a permitted use of the approved PCD. The Permitted Uses section on Page One of the approved Outline Development Plan includes the sale of trailers, a limited number of pick -up trucks (15 per year) and boats. The applicant and his consultant have stated that the sale of personal recreational vehicles, which would include all terrain vehicles and snowmobiles, is permitted as a similar use to the sale of boats, trailers and campers. Staff has studied the existing Outline Development Plan and has found, under the "Description of Project" heading, the following wording, "There will be limited sales of motorized vehicles not to exceed 15% of licensable vehicles, truck accessories, hitches, hitch installation, hitch accessories, dual wheel conversions, trailer repair, undercoating and hardware sales of accessories compatible to the horse industry". Staff does not interpret this language as permitting the sales of personal recreational vehicles. Sale and service of all terrain vehicles and snowmobiles is not listed under the PCD's list of permitted land uses. �— 01 III. NEIGHBORHOOD MEETING The applicant conducted a meeting on June 29, 1999. The following persons were in attendance: Kim Stewart 11700 W. 46` Ave. Joan Rimbert Sally Waddell Ann Keller Marilyn Hampton Richard Carson Martin Omer 4665 Swadley 4765 Simms Street 4625 Swadley 4755 Simms St. 11781 West 46' Ave. 7500 West 29`" Avenue The following concerns were expressed: Are snow mobile and all terrain vehicle sales and service a permitted land use? Will there be any changes to the driveway? How can delivery trucks parking in the street be prevented? Who controls the Tabor Street bridge? Previous commitments not being honored: High end trailers not being sold, The motor vehicle sales limitation on "horse related uses ", What is planned for property to the south? Trailer parking uses taking place there? Why were trees on the property being removed? An overall plan for all Trailer Source property (referring to A -1 zone property to the south, which is not owned by Trailer Source proper, but is owned by the same ownership as Trailer Source), What about car /truck sales taking place on the subject property? How will this plan affect plans for the erection of sound barriers along I -70 What about increased traffic impacts? How many total trailers will be on the property since previous statements were for 30 trailers and now there are 200 +? Need to seriously amend the proposed list of permitted uses. IV. AGENCY REFERRALS Agencies Referred and Responding: Wheat Ridge Public Works Department: 1. The Consolidation Plat has been forwarded to the John McGuire, P.L.S. for review and coordination of subsequent comments. 2. Based upon the proposed scope of this project, a Subdivision Improvement Agreement will not be required. 3. A final drainage report, grading and erosion control plan has been received, and is currently under review. 4. Based upon the proposed scope of this project, engineered construction plans will not be required. 5. A completed Application for Minor Dumping/Landfill Permit, along with fees due, will be needed. 6. The Traffic Division has reviewed this referral with no applicable comments at this time. Planning Commission Page 3 WZ- 99- 09 /trailersource � -3 Police Department - Can serve the proposed development. No concerns. Arvada Fire Department: 1. Per 1997 Uniform Fire Code, recreational vehicle sales lots shall provide and maintain fire hydrants and access roads in accordance with Sections 962 and 903 of the Fire Code. A letter from the owner needs to be provided clarifying motorized personal recreation vehicles as to the type of vehicles. If recreation vehicles are sold or stored at the site, now or in the future the previsions of Section 961.6 will apply as follows: A. Access lanes will need to be a minimum of 24 feet within the sales and storage area and capable of supporting the imposed leads of 52,666 pound fire apparatus. UFC 97 9f2.3 Amended. B. Culverts or bridges will need to be capable of supporting the imposed leads of 52,666 pound fire apparatus. C. Water lines and fire hydrants would need to be installed and operational prior to completion of the site. D. The turning radius will need to be enlarged if the existing plan remains to a 38 foot outside and 26 feet inside radius with a four feet bumper overhang to permit fire apparatus to move within the site. UFC 97 902.2.2.3. E. Need information on the proposed security gate and direction of swing. 2. May have additional comments when the requested information is provided. Valley Water District 1. Additional water mainlines and hydrants may be needed to meet AFPD requirements. 2. The existing tap and service line serves the existing structure. Any new structures would require taps and lines for each structure. 3. If any additional mainlines and hydrants are required, 36 feet easements to meet Valley and Denver Water specifications would be needed. Jefferson County Planning: No comments Wadsworth Ditch Company: Letter dated July 36, 1999 states: "We have requested that Mr. Blumenthal provide the Wadsworth Ditch Company with legal description of the 26 feet easement through this property. He has verbally agreed to this request." State Department of Transportation: No Comments Public Service Company: Letter dated August 2, 1999: While the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. Agencies Referred but not Responding: Fruitdale Sanitation District US West Planning Commission WZ- 99- 09 /trailersource Wheat Ridge Police Department Wheat Ridge Forestry Division Page 4 TCI Wheat Ridge Post Office Wheat Ridge Building Division Other Comments: Bayou Ditch Company Brown and Baugh Ditch Company In a memo from Senior City Planner Meredith Reckert to Alan White, Director of Planning and Development, Ms. Reckert states that City Council representatives had received communications from area residents about the sale of boats, snowmobiles and all terrain vehicles occurring on the Trailer Source property. The Memo states that the sale of boats is permitted by the Planned Commercial Development but that snow mobiles and all terrain vehicles are not permitted. The memo also stated that Trailer Source began using the land purchased from Department of Transportation in violation of the City Zoning Regulations by placing trailers for sale on the property. V. REZONING and AMENDMENT TO OUTLINE AND FINAL DEVELOPMENT PLAN REVIEW CRITERIA The City's Code of Laws provides the following review criteria to be used when evaluating requests for rezoning. Staff s response to the criteria is separated for the 1.3 acre parcel presently zoned A -1, and the 3.03 acres presently zoned Planned Commercial Development: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. 1.3 Acres: There is no error in the zoning classification. The property currently zoned PCD was previously zoned A -1. Although A -1 zoning is not in error, it is not consistent with the City's existing Comprehensive Plan Future Land Use Map, which designates the property as Multiple Land Use. Commercial trailer and boat sales are not permitted on A -1 zoned property but are permitted in some commercial zone districts. The trailer and boat sales land use is compatible with the Multiple Land Use designation. 3.03 Acres: There is no error in the zoning classification. The applicant requests amending the existing Planned Commercial Development to include the sale of all terrain vehicles and snow mobiles, using the water retention and landscape areas as display area, increasing the amount ofretail sales permitted on the premises previously limited to wholesale sales, removing the screening requirement for rental equipment, and making circulation changes which would allow delivery trucks to turn around on the premises 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. 1.3 Acres: A change of character in the area is apparent with the 1995 approval ofthe original Trailer Source Planned Commercial Development, and more recently the 1996 case No. WZ -96 -11 for 4651 Tabor Street being City C proval of a zone change from A -1 to PCD to allow a 13,561 square foot commerciarindustria south of the Trailer Source property. These newer Planning Commission Page 5 WZ- 99- 89 /trailersource �4—J commercial and industrial uses approved for these parcels are consistent with the City's Comprehensive Plan designation of Mixed Use. 3.03 Acres: A change of character in the area is apparent with 1996 case No. WZ -96 -11 for 4651 Tabor Street when City Council approved a zone change from A -1 to PCD to allow a 13,500 square foot commercial /industrial building south of the Trailer Source property. No new growth trends, deterioration or development transitions have taken place which would support the necessity to add additional items for sale to the development plan. No new growth trends, deterioration, or development transitions have taken place which would necessitate the use of previously delineated water retention areas or landscape areas for display uses. No new growth trends, deterioration, or development transitions have taken place which would necessitate having rental items visible to public rights -of -way. 3. In addition to #2, that the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. 1.3 Acres: The A -1 zone designation is not consistent with the Comprehensive Plan use designation of Mixed Use. Mixed Use is defined as commercial and/or light industrial uses, not agricultural uses. Rezoning the 1.3 acres from agricultural to a commercial use designation is in conformance with the Comprehensive Plan. Since this is a request for Planned Commercial Development zoning, the commercial uses of the property can be customized to create a minimal impact on the neighborhood on what was surplus highway property. 3.03 Acres: The 3.03 acres are already zoned for commercial uses in conformance with the Comprehensive Plan. The land use and circulation amendments requested are also consistent with the Comprehensive Plan Future Land Use Map. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 1.3 Acres: Being that the Trailer Source business is approved and is operational on the adjacent 3.03 acres, approval of a rezone for the 1.3 acres to similar uses is not determined to be incompatible with the surrounding area and is not anticipated to create significant adverse impacts on the surrounding area. This is provided that the applicant adhere to the sign regulations governing the Planned Commercial Development and that approval of the list of permitted land uses will not result in significant adverse impacts to the surrounding area. 3.03 Acres: Staff believes that the proposed revisions to the circulation plan will help to alleviate adverse impacts to the surrounding area attributable to the delivery trucks backing in or out of the Trailer Source property onto Tabor Street. Expanding the list of items permitted for sale on the property may result in traffic and noise impacts to the surrounding area. The applicant has agreed to revise the language on the amended plan to retain the requirement for screening of rental equipment from surrounding right -of -way and properties. The applicant has agreed to stop placing signage /advertising on the fence facing Interstate 70. Planning Commission WZ -99 -09 /trailersource Page 6 MR 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. 1.3 Acres: Staff does not anticipate any social or recreational benefits to the City from the zone change to PCD. The city does not capture sales tax from the sale of trailers registered for road use. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The traffic problem of trucks backing onto Tabor Street will be resolved since delivery trucks would be able to turn around on the site. 3.03 Acres: Staff does not anticipate any social or recreational benefits to the City from amending the uses for the existing PCD. Benefits to the City would be in the form of alleviating delivery truck problems on Tabor Street resultant from creating an on -site turn around area. The city does capture the sales tax from the sales of jet skis, all terrain vehicles and snowmobiles. The amended plan proposes the retail sale from floral shops and garden supply stores, where the existing development plan limited these uses to wholesale only. Should these retail sales ever happen on this site, the City would realize an economic benefit from sales tax collections. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. 1.3 Acres: The Valley Water District and the Arvada Fire Department have responded with comments which indicate that additional facilities may be necessary for adequate service to the project area. Increasing the sales display area onto the 1.3 acres may result in more traffic generation on Tabor Street. Increasing the list of permitted land uses to include more retail sales items may result in increased traffic on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to southbound Tabor Street traffic. 3.03 Acres: In addition to the Valley Water District and Arvada Fire District comments, adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Access onto Tabor Street from the Trailer Source property currently entails constrained visibility to southbound Tabor Street traffic. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 1.3 Acres: Approving the rezoning of the A -1 zoned property will help reduce the traffic problems of delivery trucks backing onto Tabor Street. Impacts to the surrounding area in the form of traffic and noise may result from the addition of retail sales items to the List of Permitted Land Uses. 3.03 Acres: Permitting the sale and service of all terrain vehicles and snow mobiles (personal recreational vehicles) may result in increased noise and traffic within the surrounding area. Adding additional retail sales uses to the list of permitted uses may result in more traffic generation on Tabor Street. Planning Commission Page 7 WZ- 99- 09 /trailersource 14— 8. That the property cannot reasonably be developed under the existing zoning conditions. 1.3 Acres: Due to the size of, access to and triangular shape of this property, it could not reasonably be developed by anyone other than the applicant. 3.03 Acres: The property is currently developed. The applicant's business is growing, reflected in their purchase of the 1.3 acres and their requested retail sales land use changes. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 1.3 Acres: Rezoning this property to Planned Commercial Development for the use proposed is in conformance with the Comprehensive Plan and zoning to the south and is therefore not spot zoning. 3.03 Acres: This property is already approved and developed for commercial uses. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. This application has been submitted in response to business needs and opportunities recognized by the applicant. With the exception of all terrain vehicle and snow mobile retail sales, floral and garden supply retail sales, and rental items visible from public rights -of -way and adjacent properties, the majority of the proposed land uses have previously been approved by the City Council for the Trailer Source property. VI. STAFF CONCLUSIONS AND RECOMMENDATION The applicant is proposing the following changes to the development plan: Personal Recreational Vehicle sales and service Floral Shop - retail Equipment Rentals Parking of semi - trucks & trailers whole loading and unloading Overall Landscaped Area Planning Commission WZ- 99- 09 /trailersource EXISTING PLAN not permitted not permitted screened from public rights -of -way and adjacent properties not addressed 25% minimum PROPOSED PLAN permitted permitted not screened from public rights -of -way and properties permitted 20% minimum Page 8 m Additionally, the applicant proposes using the storm water retention area/landscape area for display area. The applicant has agreed with staff to limit the use of this area to approximately half of the retention area, and has stated that their reason for this use is to prevent customer parking in the retention area and simultaneously to make the best use of the land area. The 1.3 acres purchased from the Department of Transportation is a logical addition to the Trailer Source development plan. It is not likely that any other user can be identified to use this property, other than a billboard company. The amended development plan continues to prohibit billboards. Expanding the Trailer Source business onto the 1.3 acres may result in increased traffic on Tabor Street. With the expansion of the business onto the 1.3 acres, reducing the minim landscape area to 20% of site area is still in excess of the minimum required (10 %), but less than the previous plan. Under the City's requirements, 19 street trees along I -70 and 14 street trees along Tabor would be required. In addition, The City's landscape requirements for non - residential zones would require the applicant to plant additional trees or shrubs for every 1,000 square feet of lot area (190 trees or shrubs). Adding retail floral and garden supply sales to the list of permitted land uses is not expected to have any negative impacts. The amendment to allow rental merchandise be visible from public- rights -or -way may create negative visual impacts to the surrounding property owners and roadway users. Development plan designs to permit delivery truck turn- around on the property is a good idea. The gates in front of the property will likely be locked overnight, meaning delivery trucks arriving early in the morning will still have to park on Tabor Street, which was a significant concern expressed during the neighborhood meeting. No standards have been provided for the proposed sign shown on the development plan. Under the sign code, the square footage of the sign is dependent upon the size of the building on the property, but the square footage may be increased by 50% because the business is located within one - quarter mile of the interstate. The code allows one sign per street frontage, or a maximum of two signs per development. Also within one- quarter mile of the interstate, a sign may have a height of 50 feet. Staff is concerned about the potential size and height maximum of this sign. The sale and service of all terrain vehicles and snowmobiles (personal recreational vehicles) is not a permitted use on the current development plan. The applicant and their representative interpret the wording under "Description of Project" on the existing Outline Development Plan as permitting this use, although these uses do not appear under the "Permitted Uses" heading ofthe existing Outline Development Plan. The applicant has recognized this problem and has added the sale and service of "personal recreational vehicles" to the list of permitted land uses on the amended development plan. From attending the neighborhood meeting and discussing this case with other Planning Department Staff, it has become apparent that neither the neighbors nor city staff anticipated the use of sales and service of personal recreational vehicles during the 1995 Trailer Source Outline and Final Development Plan application. Attached under Exhibit B, is a memorandum form the applicant's representative regarding the sale of personal recreation vehicles, landscaping, expansion of uses and comments from the neighborhood meeting. Planning Commission Page 9 WZ- 99- 09 /trailersource VII. RECOMMENDED MOTIONS Ma�14tn� - Tew; - �Movt t Rezoning from A -1. Agriculture to Planned Commercial Development: Option A: "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricultural to PCD, Planned Commercial Development be recommended to the City Council for APPROVAL for the following reasons: p1 Due to locational and access characteristics, the subject property could not reasonably be used obeby any other user than the applicant. 2. Proposed uses for the Planned Commercial Development are not expected to result in significant � gative impacts to surrounding property owners and/or property users. 3. The uses proposed for the property are similar to uses permitted in other commercially zoned ' of the City's zoning regulations. Q 4. Rezoning the property to Planned Commercial Development for the uses proposed is consistent h the City's existing Comprehensive Plan. subject to the following conditions: The property owner shall provide details of the proposed sign prior to City Council. V� The property owner shall install at their expense and with the review of the City Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, whicl states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria of the Arvada Fire District for drive aisle widths and radii and locations of fire hydrants prior to use of the property. 5. The property owner shall coordinate th the Wadsworth Ditch Company to satisfy their easement request. K U1ft'O II , . 1X19 S✓wu wubl (2s� i4`f V sw o N u E?yevzr� ft 6. The property owner shall meet all c ' eria and requirements of the Valley Water District. 7. !11 Personal Recreational Vehicles are sold and/or serviced on the property, test driving shall otnt a and limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday �rvgP y. Dedicated test drive areas shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage on I -70 (19 trees) and Tabor Street (14 trees). 9. The property owner shall maintain a ratio of 26% of the entire acreage as landscape area, with drive and display areas not counting towards satisfying this requirement." � ocaAr Option B "I move that Case No. WZ- 99 -09, a request for approval to rezone 1.3 acres from A -1, Agricul al to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the fol owing reasons: l�Pil^ y 64 ©4YYwlg�^ �r 1 y , D P W 1. 2. 3 - 1. No a+n�O 3," Planning Commission �Q( WZ- 99- 09 /trailersource A -( b Page 10 fio>N VotJ 1 -(Pek Amendment to Outline and Final Development Plan Option A: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for APPROVAL for the following reasons: Amended Outline and Final Development Plan is consistent with the City's existing hensive Plan. y�lg�1 resolre The development standards meet or exceed those of other commercial zones in the City. tte an ' i ated impacts km the Amende4_4W#ine and Final De are not expected to With the following conditions: c yuu, `vim X 10(/1 i v� _QThe property owner shall adhere to City of Wheat Ridge sign regulations. 2. The property owner shall install, at their expense and with the review of the City Planning Department and Public Works Department, signage on Tabor Street and adjacent to the property/business entry driveway, which states that parking is not permitted. 3. Deliveries shall be permitted only when the business is open. 4. The property owner shall meet all criteria and requirements of the Arvada Fire Department for drive aisle widths and radii and locations of fire hydrants. 5. The property owner shall coordinate with the Wadsworth Ditch Company to satisfy their easement request. 6. The property owner shall meet all criteria and requirements of the Valley Water District. 7. If Personal Recreational Vehicles are sold and/or serviced on the property, test driving shall be limited to paved areas and the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday only. Dedicated test drive areas shall not be permitted. 8. The Outline and Final Development Plan shall be revised to meet the City's landscape requirement for property adjacent to public rights -of -way. One tree shall be provided for every 30 feet (not necessarily at 30 foot spacing)of frontage on I -70 (19 trees) and Tabor Street (14 trees). In addition, The City's landscape requirements for non - residential zones would require the applicant to plant additional trees or shrubs for every 1,000 square feet of lot area (190 trees or shrubs). Staff �qea believes that this is excessive and would recommend that the landscaping as shown, plus the street tree requirement, would be satisfactory. 6 � (VaUQ h 9 ylq!146 9. The property owner shall maintain a ratio of 2 # /o of the entire acreage as landscape area with drive and display areas not counting towards satisfying this requirement." Option B: "I move that Case No. WZ- 99 -09, a request for approval for an Amended Outline and Final Development Plan for 3.03 acres known as the Tabor Development Planned Commercial Development Outline Development Plan and the Tabor Development Planned Commercial Development Final Development Plan be recommended to the City Council for DENIAL for the following reasons: 2 9�� 3." Planning Commission WZ -99 -09 /trailersource Page 11 4-l/ Consolidation Plat: Option A: "I move that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of the plat will consolidate the parcels under one ownership. 2. Approval of the plat provides the unified control required for a Planned Commercial Development." Option B: "I move that the subdivision plat for Case No. WZ -99 -09 be recommended to the City Council for DENIAL for the following reasons: L 2. 3." j W TOl pW Planning Commission Page 12 l WZ -99 -09 /trailersource VAbE NUmWZ99 -09 LOCATION MAP a3 Or �I CI�L ZONING MAP NHEAT RIDGE COLORADO MAP ADOPTED: _L,, 15, 1994 Last Revision: April 7, 1998 ® AREA REQUIRING SITE PLAN APPROVAL -- ZONE DISTRICT BOUNDRY PARCEL /LOT 50UNDRY (DESIGNATES OWNERSHIP) -- CITY LIMIT LINE ---- WATER FEATURE • DENOTES MULTIPLE ADDRESSES N� 20 o b SCALE I ".400 ,4 -1----3 ZONING ANDPUNNINGASSL'Y ,477 ZAPA QPNCOUY AICP 8684 W, WARREN OR. LAKEW000,COLORADO 80227 PNONE: 303 - 986 -4389 PAGER: 303 - 505 -4118 FAX: 303 - 763 -5221 September 10- 1999 TO: R'heat Ridge Planning Commission RE: Case No. W'Z-99 -09 - TWIer Source Your staff has provided you wide a very complete and detailed report relating to the zoning requests by Trailer Source. We would like to clarify several points and respond to several issues raised in that report. as fellows. RE: Personal Recteation Vehicle Salo and Service Under 11. Case History. and several other sections of We staff report, staff indicates that Sales and service of all terrain vehicles and snow mobiles ". which has occurred on the subject site since shortly after the business opened is not a penmitted use in the existing PCD. Indeed, the specific use ' and service of all terrain vehicles and snowmobiles' was not specifically included in the list of pemtitted uses on the Tabor Development PCD, however that specific use is not enwncrated anywhere in the Wheat Ridge Zoning Code. nor to my knowledge, on any other approved PCD in the City of Wheat Ridge. Does this ineen that such a use would be prohibited in the C -I Torus of the City, or in PCD's that allow C -1 type uses? It is custoinan that zoning codes do not list every imaginable permitted use in each zone district because not all rases were thought of during the drafting of the code. or did not even exist at the tine the code nos drafted. (e.g. Micro-Brew Pubs. Personal Computer Sales and Service. Telephone Calling Banks, etc,) That is why, both within the various zone district regulations. and on each Planted Development. there is die provision for "Other Similar Uses'. We believe that this is a use which is -Similar" in character and impacts as other specifically permitted uses currently allowed in Gus PCD, and therefore is permitted However, to clarify the issue- we have included the specific use 'Personal Recreational Vehicles Sales and Sen7ice'. Also related to this use. staff has reconunended a condition on page 9 that test - driving be lituited to paved areas and limited to the hours bctvvc n 8 to d. First. Trailer Source does not allow am vehicle being test driyan to leave the premises. Secondly. the store is open until 7 P.M.. Monda) through Saturdiv, and therefore they would like to allow test-drives during those hours. Finally,. wiry Bout the test drive io' paved' areas. as [lie only paved area is closest to Tabor St.. which brings the vehicles ctrn closer to the residences to the east. Obviously. unless there is snow, the snowmobiles cannot be tested. We would prefer to allow the all terrain vclucles to be tested within the new display and sales drive aisles to the north of the shop. These are quiet vehicles and must go slowly on the propem because of the other activities going on within the site. What legitimate public purpose is scrv•cd by this condition? RE: Landscape Requirements Stuff has indicated that 19 additional " Suwt Trees' arc required for the 1 -70 street frontage. in addition to the 14 bees required along Tabor St. and Uhc 190 additional trees and/shrubs required on the property per the site area. We would differ wide staff's interpretation that an interstate highway is the same as a city street. and therefor the 1 street tree per 30 foot of frontage applies. In areas where a "Fronutge Road exists. we agree that such strcet trees would be required, however, with the speed of traffic on 1 -70 and the character of highway. we don't befieve that it was die intent of the drafters of your Zoning Cade to apply the strew tree requirement to direct 1 -70 adjacency. However. if you do agree with your staff's interpretation, as that would apply in standard cone 4 — I I September 10, 1994 districts because this is a Planned Dew eloputent. it would not ncccasarily apple here, as the standards that apple arc those established by the specific development plan for this PCD. We would prefer not placing trees along I- 70 as file exposure to the interstate highway is the main reason for the purchase orthe nett parcel. RE: Floral Stop» Tlaac is no intent on the pan of the current owner to open a floral shop. However some future owner may find the site appropriate for a fowl shop. In general. floral shops are retail in nature. %lholcsale floral shops could be a much greater impact upon the neighborhood than retail because wholesaling inwh es predominately large trucks making deliveries. while retail is usually smaller vehicles. Also. a retail floral shop would primarily serve the neighborhood. while a wholesale floral strop would servo the region. RE: Equipment Rentals Tlie original thought was that if a future Owner .ranted to operate an equipment rental business. it would be oriented more towards (lac 1 -70 exposure rather than Tabor St.. and thus would not want the 1 -70 exposure blocked from view. However. based upon your stairs request, we hot already revised die plan to include the scrcrning requirement. howwever we would prefer that it not apply to the 1 -70 frontage. RE: Comments from the Neighborhood Mecting (Mostly from only one resident) A. We believe that we have explained the sales and service of all terrain vehicles and snow mobiles issue already. We believe that the use is permitted as a - Similar Use'. B. In regards to deliver trucks stopping in Tabor St.. the Owner has agreed to placing a sign at the entrance infoniung delivery trucks to make deliveries only during business hours. and to not perk witun. or along Tabor St to wait for the gates to open. Also, due to the site circulation improvements. no unloading should occur within the street. as the new drive aisles will allow for loading and unloading to occur upon the premises. C. In regards to tlue why trees were removed along the south irrigation ditch. they were removed at the request of the ditch compare. Most of tlu trees were diseased or damaged by lightening and created a lward as well as cnaunbered the irrigation ditch Most of those trees were upon the prop" to the south. D. Regarding die property to the south. The ownership of die property to the south is different than the subject property. E. Regarding the continent that tic owner commiuod to oNp 30 trailers upon the site and now there are over 200. 1st. there are fewer than 2M. However. there was never a statement by the owner that lie would not exccod 30 (mailers on the premises. as he already had over 100 trailers at his past location. and stated that lie was mowing his business to this location. Thank you for your consideration of these fact.& We would most appreciate your approval of this application. Respc�tfitlly atbmitted as w tam to the owner. Glen Gilley. A.LC.P. • Page 2 4 = (S FINAL DRAINAGE REPORT TRAILER SOURCE 4651 Tabor Street WHEAT RIDGE, COLORADO June, 1999 revised: August, 1999 Prepared By LANE ENGINEERING SERVICE, INC. 9500 West 14' Avenue Lakewood, Colorado 80215 303 - 233 -4042 B213 -2 CONTENTS ARTICLE PAGE INTRODUCTION Site Location 2 Site Description 2 Proposed Project Description 2 Flood Hazard and Drainage Studies Relevant to the Site 5 HISTORIC (PRESENT) DRAINAGE SYSTEM Major Basin 7 Subbasin and Site Drainage 7 PROPOSED (IMPROVED) DRAINAGE SYSTEM Criteria 8 Runoff 9 Detention 9 Streets 9 CONCLUSIONS Discussion of Impact of Improvement 10 Compliance with Applicable Criteria 10 Areas in Flood Hazard Zone 10 APPENDIXES Hydrologic and Hydraulic Computations 11 Standard Design Tables and Charts 37 ri DRAINAGE MAPS AND PLANS Drainage Maps, Plans and Construction Details 41 1 INTRODUCTION SITE LOCATION 1. City, County, Street Grid: The Subject tract, known as 4651 Tabor Street is located on the west side of Tabor Street, south of West Interstate Highway 70, within the City of Wheat Ridge, Jefferson County, Colorado. A vicinity map appears on page 4. 2. Adjacent Development: Land east of the site is in residential use. Areas west and south of the site are in various commercial land uses. The site is bordered on the north by Interstate Highway 70. SITE DESCRIPTION 1 • Existing Topography, Ground Cover, Use, Etc.: Sloping to the northeast, on grades of less than one percent, the site presently consists of a trailer sales facility with open gravel surfaced display areas, and a an adjacent vacant area with a covering of native vegetation and trees. *Runoff approaching the site from the south is intercepted by the Brown & Baugh Ditch that flows to the east, just south of The south site boundary, crossing Tabor Street near the Extreme southeast corner of the site. The Bayou Ditch and the Wadsworth Ditch also cross the site as shown on the Drainage Maps at the back of this report. 2 • Existing Drainage Facilities: A stormwater retention pond exists just west of Tabor Street on the previously developed trailer sales portion of the site. This pond'and associated site drainage are the subject Of Drainage Report #95135, prepared by AA - ADMAN & Associates dated September 22, 1995 PROPOSED PROJECT DESCRIPTION 1 • Commercial Development: The Presently ant smoothingand p shaping to form l an additional l trailer r * .Aug 99 Revision 2 display area to the existing trailer sales facility. No changes to the developed portion of the site are proposed. 3 VIC INITY V o t e , �� �. ti� • .1 :fi t� J, FMAI d �x t I -: JOIN T ` f '• • . � • � 1� Xa.s� • '..FI yi F. I .r I J, FMAI d om JOIN T ` f '• • . � • � 1� Xa.s� • '..FI yi F. I .r I • , � t ' X81 �,���'. J, FMAI d The new trailer display area will be surfaced with loose Coarse Gravel display areas, compacted gravel driveway aisles, and areas of landscape. FLOOD HAZARD AND DRAINAGE STUDIES 1. Relation to Major Basins: The site is within the Clear Creek Major Basin, approximately one -half mile north of the Clear Creek channel. A portion of a relevant FIRM, with the site identified, appears on Page 6. 9 ZONE C I ' 1 �®t ONLY PANEL PINNM Fi i I : : :::. : ::. . :... FIRM FLOOD INSIRANCE RATE MAP CNNNNNITr4ANIL NONRER rows roroc CITY OF MAP REVISED: WHEAT RIDGE,EERRtMNn,tBBA COLORADO JEFFERSON COUNTY ONLY PANEL PINNM Fi i I HISTORIC DRAINAGE SYSTEM MAJOR BASIN 1. Relation to Major Basin Channel: The site lies approximately one -half mile north of the Clear Creek channel. 2. Major Basin Drainage Characteristics: Clear Creek Major Basin is highly urbanized both up and down stream from the site. The neighborhood of the site is becoming increasingly commercialized. SUBBASIN AND SITE DRAINAGE 1. Initial and Major Storms: In connection with the additional outdoor display areas, the site will be smoothed and shaped in a manner which will allow free passage of stormwater runoff through the site. Improvements proposed for the site will not create any significant imperviousness. 2. Off -site Flows: The rate and routing of offsite runoff from the south will not be altered by the proposed additional display areas. 3. Existing Drainage Patterns: Runoff from the undeveloped portion of the site travels to the northeast and crosses the Tabor Street embankment through a culvert within the Interstate Highway 70 right of way. 4. Effect of Historic Flows upon Adjacent Properties: Onsite runoff, not intercepted by irrigation channels on the site, has entered Interstate Highway 70 right of way in a non - concentrated manner. VA CRITERIA 1. Size Basin and Subbasins: A summary of subbasin characteristics appears below: TOTAL PEAK RUNOFF RATE AT STUDY POINT AREA POINT SUBBASIN (acres) 1 H1 0.52 OFFSITE OHA 0.28 2 H2 0.69 (cfs) H3 1.41 3 H6 0.43 1.9 OHB 0.12 4 H4 0.89 2.3 OHC 0.84 5 H5 0.25 4.8 OHD 2.42 TOTAL PEAK RATE OF HISTORIC DISCHARGE SITE ONLY SITE + OFFSITE Q5 Q100 Q5 Q100 (cfs) (cfs) (cfs) (cfs) 0.3 1.9 0.3 1.9 0.3 1.2 0.4 2.3 0.4 2.3 0.9 4.8 0.9 4.8 0.4 1.5 0.4 1.5 0.1 0.6 1.8 4.6 1.8 4.6 0.3 0.9 0.5 1.2 0.5 1.2 1.4 8.0 4.3 16.3 6.4 27.0 A more detailed analysis appears in the calculations. 2. Hydrological Method: Because the area of the site is less than 20 acres, the RATIONAL METHOD of calculating runoff will be used. 3. Design Storm Frequencies: An initial Storm of 5 -years return frequency is used and a Major Storm of 100 -years recurrence is used for analysis and design, in accord with the City Storm Drainage Criteria Manual. 9 RUNOFF I I. Developed Flow Rates and Paths: Minor site smoothing and shaping will allow stormwater runoff to cross the site in a non - concentrated historical manner. Peak rates of discharge will not be significantly different than historic (present). DETENTION 1. Volumes Required and Provided: Because no significant increase in impervious surface will be created, no additional stormwater runoff detention is proposed. The extent or nature of existing subbasins tributary to the existing retention pond will not be altered. 3. Excess Storm Water Passage. Stormwater discharged from new display areas of the site will travel northeast within Interstate Highway 70 right of way at essentially unchanged rates. STREETS 1. Storm Drainage System: There is no storm darainage system in Tabor Street. Runoff from a portion of the Tabor Street right of way enters the site in a dispersed manner along the east boundary and is routed to the north, along the east property line to the I -70 right of way where is crosses Tabor Street to the east within an existing culvert. No changes or improvements to Tabor Street are proposed in connection with the expanded display area. Q CONCLUSIONS IMPACT OF IMPROVEMENTS 1. Benefits: Shaping of the site surface, and loose gravel cover, will allow stormwater runoff to cross the site in nearly historic patterns and rates. 2. Adverse Impacts with Mitigation: Loose gravel cover of the site will minimize the possiblity of higher than historic rates of runoff resulting from a more intensive use of the additional display area of the site. COMPLIANCE WITH APPLICABLE CRITERIA 1. Detention Ponds: Because there will be no significant increase in imperviousness of the site, no additional stormwater runoff detention is proposed. AREAS IN FLOOD HAZARD ZONE No part of the site is within or bordering an official flood hazard zone. 10 CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO WE, JAMES RAY BLUM ENTHAL, GAYLE J. BLUM NTHAL, AND JAMES RAY BLUMENTHAL II, BEING THE OWNERS OF THE REAL PROPERTY OF 4.187 ACRES DESCRIBED AS FOLLOWS. u ruS THIS IS TO CERTIFY THAT THE CITY OF w • MOTION OF ITS CITY COUNCIL DID O 1999, ADOPT AND APPROVE THE WITHIN PLAT. US WEST ! *! R IDGE GROUP, INC. DIRECTOR OF PLANNING AN1, DEVELOPMENT SURVEYOR'S CERTIFICATE; WHE CITY OF ! CHAIRMAN OF PLANNING COMMISSION i ! ! "' REGISTERED LAND SURVEYOR COL NUM BER 1 68 37 LAKEWOO 9500 WEST 14TH AVENUE COLO (303) 233-4042 A CCO RD ING COLORA A NY LEGAL B ASED ACTION YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAT TEN YEARS FROM THE DATE OF THIS CERTIFICATION 5.5'HOWN HEREON, 5/ D I A METE R N X R C AP ST AMPED "L INC 1 P OINT 2. BAYOU, WADSWORTH AND BROWN & BAUGH IRRIGATION DITCHES A SHOWN ON THI(a PLAT AND THEIR RESPECTIVE DITCH COMPANIES SHALL HAVE INGRESS EGRESS FOR VEHICULAR, PEDESTRIAN AND MACHINERY ACCESS VER AND ACROSS PROPERTY TO MAINTAIN R ESPECTIVE D ITS ; H ES . JAM S RAY BLUMENTHA 4651 TABOR STREET WHEAT RIDGE, CO 80033 (303) 279 -2939 JAMES RAY BLUM ENTHAL 11 4651 TABOR STREET WHEAT RIDGE, CO 80033 (303) 279 -2939 op r� Co E N TE. I C *OA sue loop, '00 1 I COUNTY OF JEFFERSON SS STATE OF COLORADO 4651 TABOR STREET WHEAT RIDGE, CO 0 (3 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1999 BY JAMES RAY BLUMETH GAYLE J. LU M ENTHAL AND JAMES RAY BLUMENTHAL 11 AS OWNERS, WITNESS BY HAND AND OFFICIAL SEAL Y COMMISSION EXPIRES RECORDER'S CERTIFICATION: O RECEPTION NUMBER REVISED: 09/03/ 999 REVISED# 08/30/1999 PREPARED: 07/16/199 PROJECT 1 2 I N M j la i L e j ki rel gla go I LEGAL DESCRIPTION AR CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF2 mfl ■r � +r w► j REGISTERED LAND SURVEYOR COL ORADO "' 9500 W. 14TH AVENUE L AKEWOOD , i (3 03) 234 OWNER'S ACKNOWLEDGMENT SIGNED THIS DAY OF OWNERS: JAMES RAY BLU M ENTHAL GAYLE J. B LU M E NTHAL JAMES RAY BLUMENTHAL 11 STATE OF COLORADO COUNTY OF JEFFERSON � THE FOREGi�ING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF j 19990 WITNESS MY HAND AND OFFICIAL SEAL.. MY COMMISSION EXPIRES THIS IS TO CERTIFY THE WITHIN PLAN AN PIAT�hiAS BEEN APPROVED BY THE PLANNING COMMISSION OF THE CITY OF W RIDGE, COLORADO. CH AIRPERSON CITY COUNCIL CERTIFICATION APPROVED THIS DAY OF CITY COUNCIL. AIL AAW 1 t WUlrMt IN l MUN IxL HtotivultZ�, I- MUVIULU MUWtvtK IM/Al I ht U I J1ut J t um/mot OF TRUCKS, TRAILERS OR OTHER EQUIPMENT FOR RENT SHALL BE WITHIN AREAS DESIGNATED UPON THE PLAN AS "DISPLAY & SALES ", AND SHALL BE SCREENED FROM VIEW FROM ALL STREETS AND ADJACENT PROPERTIES. 10 CTI Inn C7nQ DPnPT (ZClnKlAl WnPW nQ T17er%WlKlr, nC MKIC* APTC DW0Tnr_PADWV MAYOR 'z*3IZE REQUIREMENTS: ALL NEW DECIDUOUS TREES WILL BE 2 INCHES CALIPER OR LARGER. ALL NEW EVERGREEN TREES WILL BE 6 FEET HIGH OR GREATER. ALL SHRUBS SHALL B E "' * ' i , ATTEST. C ITY CLERK I o EU .:gue r • A I A r 1. MAXIMUM BUILDING COVERAGE: 10% 2. M B UIL D ING 3. MINIMUM PER IMETE R B UI LD ING S E T BA CKS, FRONT: 50 FEET SIDES, 15 FEET (30 FEET ALONG 1-70 FRONTAGE) REAR. 15 FEET SITE DATA TABLE TOTAL AREA: EXPANSION PARCEL: ORIGINAL PARCEL: BUILDING COVERAGE; PAVED AREAS: OUTSIDE DISPLAY AND SALES AREAS: 182s391 S.F. O R 57,401 S.F. OR 1.318 ACRES 124s990 S.F. OR 2.869 ACRES 8 S.F. (5 %) 21, 368 S.F. (12%) 36 S.F. (20 %) 102,139 S.F. (56 %) 12,767 S.F. (7 %) ASSOCI 11, will THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, ON THE DAY 0 F 1999, IN BOOK PAGE AND RECEPTION JEFFERSON COUNTY CLERK AND RECORDER ZAPA 868 COL ORADO • 0 PH ONE - FAX: 303-763-5221 PREPARED BY: LANE ENGINEERING SERVICE, INC. 9500 WEST 14TH AVENUE, LAKEWOOD, CO 80215 TEL: (303) 233- i • NINE • •♦ CASE HISTORY J - Y - • BY: • SOUTH EDGE �'► OF EASTBOUND LANE t c o w r � � EXISTING ' HIGH "C HAIN LINK FENCE TO REMAIN LARGE ROCKS (2 FT. DIAMETER MIN. SET TO LIMIT AREA FOR D ISPLAY ZONED C -1 (COMMERCIAL USE) 37, S 89*25'28"W 321.70 S 0' t REVISED.. 8/30 1 99 PREPARE 07/ 8/199 is NO • sma mft l { 12 kv no m all gm- hol REGISTER D LAND SURVEYOR COLORADO NUMBER 16837 95 00 W. 14 LAKEW COLORADO 80 (303) !. OWNER'S ACKNOWLEDGMENT SITE DATA TABLE TOTAL AREA: EXPANSION PARCEL: ORIGINAL PARCEL: 182,391 S.F. OR 4.187 ACRES 57,401 S.F. OR 1.318 ACRES 124,990 S.F. OR 2.869 ACRES I KAII.tKZ:� , tAUtt I WHILt AU I IVtLT LUAUINU UK UNL.UAUINU. 1 PRIVATE CLUBS, SOCIAL CLUBS, BINGO PARLORS AND SIMILAR USES. BUILDING COVERAGE, $,4{}0 S.F. (5%) 16. SCHOOLS, PUBLIC PAROCHIAL AND PRIVATE (INCLUDING PRIVATE, VOCATIONAL NOTARY TRADE OR PROFESSIONAL SCHOOLS), COLLEGES, UNIVERSITIES, PRESCHOOLS AND DAY NURSERIES (INCLUDING THOSE USES COMMONLY ACCEPTED AS NECESSARY PAVED AREAS: LANDSCAPE AREAS, 21 36,47$ S.F. S.F. (1 (20%) THERETO WHEN LOCATED ON THE SAME PREMISES). STATE OF COLORADO 17. BLUEPRINTING, PHOTO STATIC G, AND OTHER SIMILAR REPRODUCTION COUNTY OF JEFFERSON SERVICES, HOWEVER, NOT INCLUDING LARG I TIN , PUBLISHING A ND/OR UTSIDE DISPLAY AND SALES AREAS. 102,139 S.F. (56 %) a ♦ BINDING ESTABLISHMENTS. -ft- a . a ♦ M ® a .0 ► a S i i a r" m 10% a"" r% r-% ' r 1, f"'- A V A r `r 1 1 1 f t sw 0— w ! a f !r1 & t 9 + • a T A !m ► A+� • ! 1 /1 9 � ► t /m1 t 0w 0% w— a� a a w a a a f-w-t i r rya --r+a a r --r+ � a a r— A a a wM►rti a rr► 0— A+r► w A ♦ 04. f— OUTSIDE STORAGE AREAS, 12,767 S.F. (7%) ! A' WINFORT ,T , 1, 00 '32:2 1 PLANNING COMMISSION CERTIFICATE THIS IS TO CERTIFY THE WITHIN PLAN AND PLAT HAS BEEN APPROVED BY THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO. WAIRPERSON DIRECTOR OF PLANNING 8 DEVELOPMENT APPROVED: -- CITY COUNCIL CERTIFICATION APPROVED THIS CITY COUNCIL. M ATTEST. MAYOR SHRU LEI SIZE REQUIREMENTS: ALL NEW DECIDUOUS TREES WILL BE 2 INCHES CALIPER OR LARGER. ALL NEW EVERGREEN TREES WILL BE 6 FEET HIGH OR GREATER. ALL SHALL BE 5 GALLON SIZE OR LARGER, COUNTY CLERK AND RECORDER'S CERTIFICATE THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY CLERK AN RECORDER OF JEFFERSON OUNTY AT GOLDEN, COLORADO, ON THE DAY , 1999 IN BOOK A , AND RECEPTION JEFFERSON COUNTY CLERK AND RECORDER R EVISE D: 08 1 iii 07/ PREPARED, JOB ! i Gat: r a■ t 1999 BY THE WHEAT RIDGE IkL a IL CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO H EET 2 OF 2 M i Tm B1 :9, 4AW r LARGE ROCKS (2 FT. DIAMETER MIN. SET TO LIMIT AREA FOR DISPLAY A D SALES 14' 1 6 "1111 1.62' REVISED# 8/30 99 PREPARE 07/ 8/1999 J-0-B---N,0. B213-2 & .f m .. � )« Er �2]\\ wo � £ \ a m 2 �)@) & § \£❑ fLi Lu Ix . §\ � / . | / ^o rn _ o Z5 !� 7.5 E `\ ] \ \ m �k k . kf � ) 4� C . /.^ \ / \\{ 27) )\! , & \� § \\ e IL § ) a ] Q \ \\ � ! \\ df $!;; ! o� -![ Jzo!!:! ) - El o : j { \S ««w § . 222 km�.c ok <\ CD Lu § LO \ . & .f m .. # Er �2]\\ wo � £ \ a m 2 �)@) & § \£❑ fLi Lu Ix . §\ � / . | / ^o rn _ !� 7.5 E `\ ] \ \ m �k k . � 4� C . & A �2]\\ /\ £ \ !e>Q .I 2 �)@) & § k fLi Lu Ix . §\ � A ) 2 £ .I & k k� / 0 _ �I ] \ . . � /.^ \ \� § \\ IL ) 2 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9 Ridge August 24, 1999 Dear Property Owner: This is to inform you that Case No. WZ -99 -09 a request for approval of a rezoning from Agricultural -One to Planned Commercial Development, approval of a combined outline and final development plan and approval of a plat map for property located at 4651 Tabor Street. The rezoning portion of the case is to expand the existing Trailer Source business to permit display and sales of trailers. The plating portion of the case is to consolidate the existing 3.03 acre Trailer Source property with an additional 1.3 acre parcel. The case will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on September 16, 1999 at 7:30 p.m. All owners and/or their representative of the parcel under consideration must be present at this hearing. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235 -2846. Thank you. Planning Division. C: \ Barbara\ PCRPTS \PLANGCOM \PUBHRG \wz9909.wpd (303) 234 -5900 • ADMINISTRATION FAX: 234 -5924 POLICE DEPARTMENT FAX: 235 -2949 O W O a v z„ H O a m V d a 0 z H P � l y a = y J d N a > 'd O K Z @ _ � z v 2: @1 v K c 7 a a a N 1� w C N y y E 0 a y , 0 G O @ o a = Ede �w= y r a # y o 0 0 0 0 0 0 0 0 @ a 9 x_ o@ N @ m m m m m rn rn rn m rn m rn m rn m m m m u O •� m a N > N M a 0 r M O O O p fnm y y a N @ a p L a O @ m E N I N O N L O m a 0 a _ O U U x 0 ' 0 m o U @ n U d �o U zav @@ U 3� E m @ai ma m 0 -6 0 6U m ��m @m @ U @ � vF rn @ rn Km rn iE 3 cma d rya @a N~ O oo Ua > L COd' a vi cOp L >. c. @ @ - @oO L UOd = =o - O c a r� @tD 2 O � w N cu� N 3 @ W > = ¢ m @ Y a._ m @ Oda m- M 0 'd' V y r y @ v � - -�fD.- �'m m d Nr '��O 'a '6 a t o J cpN� d' C y N @ U N a Q L E@ O a) N0 0 3� 0. K �U C) @ E. @ ❑ ❑ ❑ ® ❑ ❑ z m LO _u r LLI Y a O � N M V N t0 r NI N N 00 m m m m m m _ a e v a r m rn rn rn W 0 £ m rn m m rn V 4 Q o z Q W o C7 U- N p a Z 0 Z Z ~ C = Z g c �ti3 �� O W O a v z„ H O a m V d a 0 z H Q N N W O U �i O z N y m a 0 W b 7 N �i U C. O P z z„ Y U F O v c v T p b v y .a N U n (1r O z H a m au w� m � U d 'v u � � a � O C � Z W Z NI d K C 7 'y a U a U j O U r N � N NEa a m �a m m o i°a a� x m y m m rn rn 0 m m m m m m U 0 N IE C d M C M [") M G w O m jn m N a m c y m y m N y `_" 2 m N� m O_O Ul yO w o d � y E-oC) . m c) 0 0 w rn m = m 0 5 U) m� m N Ne m m mlz'o o(za vNa QMK y � Em W NK v d v v m e a v v 3 3 00 2 K 0 U lu ° w E ❑ ❑ ❑ ® ❑ ❑ m Z m W) u r N Y Q M M M M �w V 0 O m m m m Q n � w O E n rn n m rn rn Z aa V u, o x� � N p LL o. 0 3: Z Z °= 3 Una a Q N N W O U �i O z N y m a 0 W b 7 N �i U C. O P z z„ Y U F O v c v T p b v y .a N U n (1r O z H MERLEJUNKER 4615 SWADLEY ST. WHEAT RIDGE. CO. 80033 ELDA KELLER 4625 SWADLEY ST. WHEAT RIDGE. CO. 80033 CHARLES NEWLON 4645 SWADLEY ST. WHEAT RIDGE. CO. 80033 EDMOND MORENO 4655 SWADLEY ST. WHEAT RIDGE, CO. 80033 JOAN RIMBERT 4665 SWADLEY ST. WHEAT RIDGE, CO. 80033 DALE BADER 4675 SWADLEY ST. WHEAT RIDGE, CO. 80033 RICHARD CARSON 4610 TABOR ST. WHEAT RIDGE, CO. 80033 TABOR ST. PROPERTIES.. LTD. 711 VALLEJO ST. DENVER, CO. 80204 CANON FINANCIAL SERVICES, INC. 200 COMMERCE SQUARE BLVD. BURLINGTON, NJ 08016 -1271 DONNA NELSON 11780 W. 40 AVE. WHEAT RIDGE. CO. 80033 PARTNERS PREFERRED YIELD. INC. P.O. BOX 25025 GLENDALE, CA. 91221 -5025 NATIONAL AUTO /TRUCKSTOPS, INC. 24601 CENTER RIDGE RD. - SUITE 300 WESTLAKE, OH. 44145 -5600 CARLA DARRENBACHER 7216 TRENTON RD. BARNEVELD, NY 13304-2927 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on September 16, 1999, 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. ase Nos. WZ- 99 -09: An application submitted by J.R. Blumenthal for approval of a rezoning from Agricultural-One to Planned Commercial Development, approval of a combined outline and final development plan and approval of a plat map for property located at 4651 Tabor Street. The rezoning portion of the case is to expand the existing Trailer Source business to permit display and sales of trailers. The plating portion of the case is to consolidate the existing 3.03 acre Trailer Source property with an additional 1.2 acre parcel. The property is legally described as follows: Those portions of Lot 7, Lee's Subdivision, a Subdivision recorded in the records of the Jefferson County Clerk and recorded in Plat Book 2 at Page 23, and Lot 1, Tabor Development Subdivision, a subdivision recorded in the records of the Jefferson County Clerk and Recorder in Plat Book 132 at Page 1, City of Wheat Ridge, Jefferson County, Colorado described as follows: Commencing at the Northeast corner of Section 20, Township 3 South, Range 69 West of the 6' Principal Meridian; thence S.89'1 Y3 1 ":W on an assumed bearing, along the North line of the Northeast one - quarter of said Section 20, a distance of 1323.72 feet to the East 1/16 corner between Sections 20 and 17; thence S.00 °23'20 "E along the North -South centerline of the Northeast one - quarter of said Section 20, a distance of 977.02 feet to the Southwest comer of that tract of land described in Book 1897 at page 363 of the Jefferson County records and the true point of beginning; thence continuing 5.00 °23'20 "E along said centerline a distance of 169.37 feet to the Northwest comer of that tract of land described in Reception Number F0332590 of the Jefferson County records; thence N.88 ° 53'20 "E along the North line of said tract, a distance of 621.38 feet to a point 19.80 feet West of the East line of Lot 8 of said Lee's Subdivision and being the Southwest corner of that tract of land described in Book 1897 at Page 363 of the Jefferson County records; thence N.09 °07'45" W along the West line of that tract of land described in said Book 1897 at Page 363 a distance of 210.21 feet to the Northwest corner of said tract and the Southeast comer of that tract of land described in Reception Number F0811522 of the Jefferson County records; thence Northerly and Westerly along the Easterly and Northerly lines of said tract the following three (3) courses: 1. N.09 °07'45 "W a distance of 33.00 feet; 2. N.00 °35'50 "W a distance of 198.70 feet; 3. 5.64 ° 10'38 "W a distance of 646.26 feet to the true point of beginning, containing an area of 182,391 square feet or 4.187 acres more or less. Case Nos. WZ- 99 -10: An application filed by 44t Eldridge. LLC, for approval to amend the existing 44' Industrial Park'Planned Industrial Development to expand the list of permitted uses for Use Area 1 -A/Lot 29 of the 44i Industrial Park generally located at 13000 W. 43r Drive. The property is legally described as follows: A parcel of land in the East % of Section 19 and the West '' /� of Section 20, Township 2 South, Range 69 West of the 6 Principal Meridian , County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at a point on the Southeasterly line of West 44t Avenue, and from whence the center quarter corner of said Section 19 bears S00 ° 08 "43 "E a distance of 35.18 feet; thence, along a curve to the left which has a delta of 06 F50", a radius of 995.00 feet, a chord bearing ofN80 °22'35 "E; thence, along an arc a distance of 107.57 feet; thence N77 ° 16'40 "E a distance of 3093.32 feet to a curve to the right which has a delta of 13'00'00", a radius of 1392.50 feet and a chord bearing of N83 °46'40 "E; thence along the arc of said curve a distance of 315.95 feet; thence S89 0 43'20 "E a distance of 531.46 feet; thence departing from said Southeasterly right -of -way of West 44i Avenue, S00 °05'46 "E a distance of 119.94 feet; thence, S 64 °20'29 "W a distance of 33.20 feet; thence S31 °24'20 "W a distance of 609.82 feet to a point on the East -West centerline of said Section 20; thence, along said East -West centerline, S89 °23'23 "W a distance of 971.24 feet to the East quarter corner of said Section 19; thence along Easterly line of said Section 19 S00 °17'31 "W a distance of 275.38 feet; thence S87° 15'49 "W a distance of 2456.00 feet; thence N76 °06'56 "W a distance of 200.16 feet, to a point on the Westerly line of said Section 19; thence along said Westerly line, N00 °06'43 "W a distance of 278.94 feet to the point of beginning. �'c - -1— Barbara Delgadillo, Reccfding Secretary /tiyN"I Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: August 27, 1999 CI i. ir.� l 7 %.1 -� G ✓0 E�z,, August 26, 1996 The Trailer Source 4651 Tabor St Wheat Ridge, CO 80033 Messrs. Blumenthal: After reviewing the circumstances regarding The Trailer Source's main entrance drive way, your Tabor Street entry represents conformance and consistency with the minimum "line of sight' standards for the City of Wheat Ridge. For this reason, the City will not be requiring further remediation for your entry way at this time. It must be noted however that the current configuration for the Trailer Source entry, specifically with its relationship to the vertical curvature of Tabor Street and the guardrail north of your driveway does not satisfy the standards established by the American Association of State Highway and Transportation Officials. The City of Wheat Ridge Public Works Department believes th °se standards should be applied to your entrance. The solution prescribed by the Wheat Ridge Public Works Department staff represents the preferable alternative for traffic flow and safety issues. As your show room and service traffic increases or, when the need arises to rebuild your driveway entrance, please plan to reconfigure the entry way to the higher standard. Until that time, your current driveway is allowed to stand "as is" because it meets or exceeds the City's minimum adopted design standards. The City of Wheat Ridge appreciates your cooperation in this matter and we look forward to a prosperous relationship now and in the future. Sincereh Robert C. Middaugh City Administrator 'Wheat GRidge cc Wheat Ridge Public Works Wheat Ridge Planning and Development 8/� 19NOHe, � PCF- 61e 6�I J I- bluvuy x lnl( 41')E9 6;tCbk AWL yo � /ve cc�� n f4oncd Pex/oo m f AT U s � era wmohl4- �c�►�1 vr� o� 0�'I v� mr!1°�s ©l 1 w - / notli�ed mo les 404 !aw bWIA 64C Tobor /1/lo f o r Aomb ? //� it 1�4 /S / z5� CZ s cI f� °-e b 7Z47 w &A- 0 I-q t �4 wcvZ s it U �� � �� �� � Gam. �_ _ �� �. ���e _. 04J X100 cc i fifai �PiV` Gi�UU V �. lo- lot be i Aofi�,�r�b��' " q S'r'oa�'C� C'Ov�lo�c�� 1ti1 n0"k�iDjl,'�a�4� i City of Wheat Ridge Planning and Development Department Memorandum TO: Martin Orner FROM: 015eredith Reckert SUBJECT: Case No. WZ -99 -09 DATE: August 16, 1999 The following are my comments regarding the outline development plan submittal for Case No. WZ- 99 -09. 1. The existing, recorded outline development plan and final development plan are two separate documents. It would make sense and be easier to read if the current submittal were changed from a combined outline and final development plan to two freestanding documents. 2. The title should be revised to read as follows: "Tabor Development Planned Commercial Development" "Amendment No. 1" "A Combined Outline and Final Development Plan for Tabor Subdivision Filing No. 2 "* "City of Wheat Ridge, Jefferson County, Colorado" *This is correct assuming documents will remain combined 3. Delete any reference to the address "4601 Tabor Street" 4. Is the owner's acknowledgment to serve as the unified control agreement? 5. A signature space for the City Clerk's attestation should be added to the signature block for the Mayor. 6. Item #14 of "Permitted Uses" has been modified to add the language "except nor parking of semi - trucks or trailers, except while actively loading or unloading." 7. Item 418 of "Permitted Uses" has been modified to add that equipment for rent "shall be within areas designated upon the plan as `display and sales "'. The existing plan indicates that rental equipment shall be screened from view. 8. Item #28 of "Permitted Uses" (personal re- creation vehicles and boats sales and services) is new. 9. Item #31 has been modified to allow retail floral shops 10. Item #32 has been modified to allow retail garden supplies. 11. Section 26 -6 (C) of the Wheat Ridge Code of Laws specifies that a change of uses in a planned development plan require a rezoning. Based on the modifications noted above as items 6 through 9, a rezoning process will be required including the preparation of an ordinance and the right of legal protest for adjacent property owners. 12. Under "Development and Use Standards" add setback from CDOT right -of -way. It should be at least 30'. 13. Under "Development and Use Standards ", a category for minimum landscaped coverage should be added. See #14 14. In the "Site Data Table" the landscaped coverage has been reduced from 25% to 20 %. 15. Under "landscaping specification ", delete the reference to required landscaping on the property (paragraph 3). The minimum required landscaping is not 10% it is 25% as specified on the current development plan. 16. In the same section, paragraph 5, delete reference to 1 -1/2" caliper size. The size requirement is 2 ". 17. Add the following case numbers to the "Case History Box ": WZ- 99 -09, WZ -95 -9 18. Pursuant to comment #1, the second page of the document should be modified to be a bubble plan. 19. Adjacent land use on the west and east should be added. The following are my comments regarding the final development plan submittal for Case No. WZ- 99 -09: 1. The title should be revised to read as follows: "Tabor Development Planned Commercial Development" "Amendment No. 1" "A Combined Outline and Final Development Plan for Tabor Subdivision Filing No. 2 "* "City of Wheat Ridge, Jefferson County, Colorado " *This would be correct assuming the documents are to remain combined 2. I would still like to see the final development plan as a separate and distinct document from the outline development plan. We could still require the list of permitted uses to be on the final plan. We did this on the Pacifica final development plan. 3. It appears that some of the use areas have been modified from the original outline plan. The open area around the ditches seems to have gotten smaller with the display and sales functions encroaching into it. Also, the area around the retention pond was never previously designated for display and sales as it is now. It feels to me that by not using the old outline plan and expanding from it, they are modifying what was originally approved and not just adding a second phase. Once again this requires the entire property to be advertized as being rezoned.. 4. I think it would be smart to get specific information on the freestanding sign rather than referring to the sign code as the guiding document. Because of the proximity to the freeway, the sign could be 50' high. With a low density neighborhood to the east, this raises a red flag. 5. The landscaping requirements are 14 street trees along Tabor, 18 along the I -70 frontage with an additional 189 trees or shrubs required. The development plan submitted does not meets these minimums nor does it meet our standards for a landscape plan. I realize that the old plan was not consistent with our requirements for detail included in a landscape plan and we tried to compensate for that by referring to Section 26 -31 of the zoning ordinance on the development plan. Based on the trouble we had with the applicant in getting them to "perform" and recent experience with another property owner, I think it would be smart to have the submit a formal plan rather than just using the language on Page 1. 6. Where are dumpsters locations? 7. What materials will be used for the new security gates? 8. In a perfect world, the site data table would show a breakdown for existing coverages and then revised coverages with the expansion and the total. 9. Under the site data table please indicate that display and sales areas are to be gravelled with weed control. 10. How are ditches to be handled? 11. Signatures for ditch companies. 12. It would be nice to see some landscaped islands around the existing trees to remain. The following are my comments relative to the plat submittal: 1. The land areas shown on the plat document and on the development plan aren't consistent, showing 4.187 acres and 4.33 acres, respectively. 2. The retention pond should be shown as a drainage easement with our standard language included as a note. See attached 3. The following case numbers should be added to the Case History box: WZ -95 -9, WZ -99 -09 DETENTION /RETENTION AREAS V Storm water detention /retention When storm water detention/ retention area(s) are required the fol- lowing language shall appear on the face of the plat: a" i The storm water detention/ retention area(s) shown hereon shall be constructed and maintained by the owners, heirs, successors, and assigns. In the event that said construc- tion and maintenance is not performed by said owner, the City of Wheat Ridge shall have the right to enter such area(s) and perform the necessary work, the cost of which, said owner, heirs, successors, and assigns agrees to pay upon billing. No building or structure will be con- structed in the detention /retention area(s) and no changes or alterations affecting the hydraulic character- istics of detention /retention area(s) will be made without the approval of the City Engineer. DETENTION AREAS THAT ARE TO BE MEDICATED EASEMENTS Storm water detention /retention /drainage easement(s): When storm water detention /retention /drainage easement(s) are required the following language shall appear on the face of the plat: The storm water detention /retention /drainage easement(s) shown hereon are hereby granted to the City. This /these easement(s) is /are being conveyed for the purposes of operation, repair, alteration, and maintenance of the storm water management system. The maintenance and opera- tion of the said facility /facilities shall be the respon- sibility of the City, providing the design, construction and maintenance criteria of the City are followed and the said facility /facilities has /have been approved and accepted. The city has the right to enter the property for the purposes for which this /these easement(s) has /have been granted. No buildings, fills, excavations, structures, fences, or other alterations shall be constructed within the storm water detention /retention /drainage easement(s) without' the express written consent of the City. Arvada Fire D epartme Organizational Excellence In Fire, Rescue, and August 6, 1999 Mr. Martin Omer Department of Planning and Development City of Wheat Ridge 7500 W. 29' Ave. Wheat Ridge, CO 80033 RE: Blumenthal 4651 Tabor St. Dear Martin, 7999 We have reviwed this site plan for conformance with the 1997 Unifrom 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 St. 2. The Intent and Purpose Of This Request states that " Trailer Source also sells and services motorized personal recreation vehicles and boats such as snow mobiles, jet skies and all terrain vehicles." The 1997 Uniform Fire Code Section 901.6 ire Protection in Recreation Vehicle, Mobile Home and Manufactured Housing Parks, Sales Lots and Storage. " Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903 of the Fire Code." A letter from the owner needs to be provided clarifying motorized personal recreation vehicles as to the type of vehicles. If recreation vehicles are sold or stored at the site, now or in the future the provisions of section 901.6 will apply, as follows: 3. Access lanes will need to be a minimum of 24 feet within the sales and storage area and capable of supporting the imposed loads of 52,000 lb fire apparatus. UFC 97 902.3. Amended. 4. Culverts or bridges will need to be capable of supporting the imposed loads of 52,000 lb. fire apparatus. P.O. Box 3 -D; 6503 Simms Street • ARVADA, COLORADO 80001 -0060 • (303)424 -3012 • FAX (303)432 -7995 Page Two 5. Water lines and fire hydrants would need to be installed and operational prior to completion of the site. 6. The turning radius will need to be enlarged if the existing plan remains to a 38 foot outside and 26 foot inside radius with a four foot bumper overhang to permit fire apparatus to move within the site. UFC 97 902.2.2.3 7. Need information on the proposed security gate and direction of swing. 8. We may have additional comments when the requested information is provided. Sincerely, Arvada Fire Protection District 22v�e Deputy Fire r 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat. Telephone 303/ 235 -2846 Ridge I "_ July 23, 1999 The Wheat Ridge Department of Community Development has received a request For a zone cha below. Your response to the following questions and any comments on this proposal would be lated by No response from you by this date will constitute no objections or concerns regarding this pr CASE NO: WZ- 99- 091Blumenthal LOCATION: 4651 Tabor Street REQUESTED ACTION: Rezone vacant property from A -1 to PCD, approval of t development plan for expansion of existing PCD and lot at 4651 Tabor. PURPOSE: Display of trailers for sale. APPROXIMATE AREA: Expansion Area: 56,628 square feet Total Combined Area: 188,615 square feet 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? .l ' 3. Do you have adequate capacities to service the development? �( -L :'U 4. 52 outline \ l m ° 4. Can and will your agency service this proposed development subject to your rules and regulations? N s y 5. Are specific easements needed on this or any other document? y , 6. Are there any concerns or problems your agency has identified which would or should affect approva of this request? - \I t.3 .PLER7 V --TE re A TT AU - t TTV Please reply to: Martin Omer (303/235 -2854) Department of Planning & Development FAX: 303-235-2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Wheat Ridge) Adjacent City 0 X Public Service Co. X US West Communications X Jefferson County Planning Dept. State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation X Wadsworth Dicth Co. Completed by: (Name, Agency partment, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Deparm ent X WHEAT RIDGE Public Works :Dept. WHEAT RIDGE Park & Rec Commission X WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Divis: on X Bayou Ditch 6 X Brown & Baugh Ditch Co. "The Carnation City" C:\BarbaraWGENREF \wz9909.wpd a pi � ttr P. • BO 820 ARVADA :lil July 30, 1999 City of Wheat Ridge Planning & Development Dept. 7500 W. 29th Ave. Wheat Ridge, CO. 80033 RE: Zoning application - Trailer Source Attention: Mr. Martin Omer Dear Sir, The Wadsworth Ditch Company has no objection to the rezoning, of the property at 4651 Tabor St., for use as requested by the Trailer Source Company. We have requested that Mr. Blumenthal provide the Wadsworth Ditch Company with legal description of the 20 foot easement through this property. He has verbally agreed to this request. Sincerely, ip zl" �Y J Pr &ident 750.0 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235 -2846 Ridge July 23, 1999 The Wheat Ridge Department of Community Development has received a request for a zone change at the prolery described below. Your response to the following questions and any comments on this proposal would be appreciated by August 13, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: LOCATION: REQUESTED ACTION: PURPOSE: APPROXIMATE AREA: WZ- 99- 09Blumenthal 4651 Tabor Street Rezone vacant property from A -1 to PCD, approval of a combined outline and final development plan for expansion of existing PCD and lot consolidation for site located at 4651 Tabor. Display of trailers for sale. Expansion Area: 56,628 square feet Total Combined Area: 188,615 square feet 1. Are public facilities or services provided by your agency adequate to serve this 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4 &, PO 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which would or should affect approva of this request? Please reply to: Martin Omer (303/235 -2854) _ Completed by: 1\ 44' Aclolwo c�F � r / / Department of Planning & Development (Nine � ) genc epartment. Date FAX: 303- 235 -2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Wheat Ridge) Adjacent City () X X Public Service Co. X X US West Communications X X Jefferson County Planning Dept. X State Land Use Commission State Geological Survey X X Colorado Dept. Of Transportation X X Wadsworth Dicth Co. X rM Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Deparm ient WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Divis ion WHEAT RIDGE Building Division Bayou Ditch 6 Brown & Baugh Ditch Co. "The Carnation City" Q \Bubma\AGENREF \wz9909.wpd ST ATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 6 Traffic Access/Utilities Permits 5640 Fast Atlantic Place Denver, Colorado 80224 (303) 757 -9886 August 6, 1999 FAX (303) 757 -9904 City of Wheat Ridge 7500 W. 29V' Ave. Wheat Ridge, Colorado 80033 ATTN: Martin Orner A RECEIVED AUG 11(w 9 OT ism �� OFTMNSPoI(IAiIPY RE: WZ- 99- 09BLUMENTHAL REZONING REQUEST, 4651 TABOR STREET (SH70) The Colorado Department of Transportation (CDOT) has reviewed the above and we have no comments or concerns. Sincerely, Nashat Sawaged, P.E. Access Engineer PH /ie 1 2" AUG A CC: L. Warner L. Lipp L. Glasser File (SH70) RF 365PHO80699 Page 1 of 1 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235 -2868 Ridge FAX 303/235 -2857 August 2, 1999 Mr. Richard Romberg, P.E. Lane Engineering Service, Inc. 9500 West 14 Avenue Lakewood, Colorado 80215 Re: Trailer Source Expansion, 4651 Tabor Street - First Review Comments of Final Drainage Study, Grading & Erosion Control Dear Mr. Romberg, I have completed the first review of the above referenced documents for the Trailer Source Expansion project received on July 26, 1999 and have the following comments: Drainage Study (Discussion) Page 1 1. Please provide P.E. seal and signature on two (2) sets of the final approved report. 2. All ditches located within the boundaries of this project will need to be identified on the plan. In addition, it will need to be acknowledged on the plan and report that the respective ditch company has reviewed and approved the proposed design. Drainage /Grading & Erosion Control Plan(s) 1. All of the proposed piping shown on the plan needs to be discussed and analyzed accordingly in the report. 2. Please provide a typical cross section detail for the north property line. 3. Please include red -lined note regarding tracking control on to Tabor Street. 4. Please provide (when appropriate) P.E. stamp and signature. Mr. Richard Romberg, P.E. Lane Eng. Page 2 Street Construction Drawings Street construction drawings will not be required based upon the scope of the project proposed. Subdivision Plat The Consolidation Plat proposed is under review by the City Surveyor Any questions related to these plat corrections can be Addressed to Mr. John McGuire, P.L.S. at 303 - 235 -2858. Subdivision Improvement Agreement A Subdivision Improvement Agreement will not be required based upon the scope of the project proposed. Application for Minor Dumping /Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping /Landfill Permit, along with fees due will need to be submitted for review and approval. For your information and submittal in the second review package, a copy of this permit is provided. Traffic Engineering The proposed project has been reviewed by the City's Traffic Engineer, Mr, Steve Nguyen. P.E., 303 - 235 -2862, with no comments at this time. Right -of -Way Construction Permit(s) /Licensing Prior to any construction of the public improvements, the necessary right -of -way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red -lined prints with the second submittal. you have any questions, please contact me at 303 - 235 -2868. Sincerely, Greg Knudson, M.P.A. Development Review Engineer cc: Steve Nguyen, Traffic Engineer Martin Orner, Eco. Dev. /Planner File 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235 -2868 Ridge FAX 303/235 -2857 August 24, 1999 Mr. Richard Romberg, P.E. Lane Engineering Service, Inc. 9500 West 14` Avenue Lakewood, Colorado 80215 Re: Trailer Source Expansion, 4651 Tabor Street - Second Review Comments Dear Mr. Romberg, I have completed the second review of the above referenced documents for the Trailer Source Expansion project received on July 20, 1999 and have the following comments: Drainage Study, Grading & Erosion Control Plan These documents have been reviewed and can be approved upon receipt of two signed and stamped sets that have been signed by the respective ditch companies affected by this project. Application for Minor Dumping /Landfill Permit The requested Application for Dumping /Landfill Permit, along with fees due will need to be submitted for review and approval. If you have any questions, please contact me at 303 - 235 -2868. Sincerely, Greg Knudson, M.P.A. Development Review Engineer cc: Martin Orner, Eco. Dev. /Planner File MEMORANDUM Approved Date TO: Martin Omer, Planner FROM: Greg Knudson, Development Review Engineer DATE: July 30, 1999 SUBJECT: Trailer Source Expansion, 4651 Tabor Street, WZ -99 -09 The Public Works Department has reviewed the Planning Department referral dated July 23, 1999 for the above referenced site, and has the following comments: 1. The Consolidation Plat proposed has been forwarded to the John McGuire, P.L.S. for review and coordination of subsequent comments. 2. Based upon the proposed scope of this project, a Subdivision Improvement Agreement will not be required. 3. A final drainage report, grading and erosion control plan has been received, and is currently under review. 4. Based upon the proposed scope of this project, engineered construction plans will not be required.. 5. We will need a completed Application for Minor Dumping /Landfill Permit, along with fees due. 6. The Traffic Division has reviewed this referral with no applicable comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File PUBLIC SERVICE COMPANY OF COLORADO`" A NEW CENTURY ENEROIES COMPANY August 2, 1999 CITY OF WHEAT RIDGE PLANNING DEPARTMENT 7500 W 29 AVE WHEAT RIDGE CO 80033 Re: Blumenthal WZ -99 -09 Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202 -4256 Telephone 303.571.7799 Facsimile 303.571.7877 Public Service Company of Colorado (PSCo) has received and reviewed preliminary utility plans for Blumenthal WZ- 99 -09. PSCo has no apparent conflict with this proposed project. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1- 800 - 922 -1987, to have all utilities located prior to construction. If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303) 425 -3867 regarding the use or relocation of these facilities: Please be advised that while the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. If you have any questions about this referral response, please contact me at (303) 571- 7029. Thank You, Patty Gacnik Right -of -Way Processor 7500 West 29th Avenue Wheat Ridee. Colorado 80033 Telephone 303/ 235 -2846 July 23, 1999 JUL 2 9'M City of Wheat — Ridge The Wheat Ridge Department of Community Development has received a request for a zone change at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by August 13, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ- 99- 09Blumenthal LOCATION: 4651 Tabor Street REQUESTED ACTION: Rezone vacant property from A -1 to PCD, approval of a combined outline and final development plan for expansion of existing PCD and lot consolidation for site located at 4651 Tabor. PURPOSE: Display of trailers for sale. APPROXIMATE AREA: Expansion Area: 56,628 square feet Total Combined Area: 188,615 square feet J� 1. Are public facilities or services provided by your agency adequate to serve this development? Addl. war er( , Painlines and hydrants may be needed to meet AFPD requirements 2. Are service lines available to the development? The existing tap and service line serves the suing structure. Any new structures would require taps and lines for each structure i 3. Do you have adequate capacities to service the development? Yes 4. Can and will your agency service this proposed development subject to your rules and regulations? Yes 5. Are specific easements needed on this or any other document? If additional mainlines and hydrants are required, 30' easements to meet Valley and Denver Water specs. would be needed 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? No Please reply to: Martin Omer (303/235 -2854) Completed by: ✓v '' � /2/ Department of Planning & Development ( ame, Agency/Department, Date FAX: 303-235-2857 G —Z. DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Wheat Ridge) Adjacent City () X X Public Service Co. X X US West Communications X X Jefferson County Planning Dept. X State Land Use Commission State Geological Survey X X Colorado Dept. Of Transportation X X Wadsworth Ditth Co. X X Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works :Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division Bayou Ditch 6 Brown & Baugh Ditch Co. "The Carnation City" C: \Barbua\AGENREY1wz9909.wpd VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424 -9661 FAX 424 -0828 July 28, 1999 City of WheatRidge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Attn: Martin Orner Dear Martin: Per your request, attached is the Valley Water District response to Case #WZ -99 -09 /Blumenthal located at 4651 Tabor Street. If you have any questions, please contact me at 303 - 424 -9661. Sincerely, Robert Arnold District Manager 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 235 -2846 July 23, 1999 Ridge The Wheat Ridge Department of Community Development has received a request for a zone change at the prof: erty described below. Your response to the following questions and any comments on this proposal would be appreciated by August 13, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: LOCATION: REQUESTED ACTION: PURPOSE: APPROXIMATE AREA: WZ- 99- 09Blumenthal 4651 Tabor Street Rezone vacant property from A -1 to PCD, approval of a combined outline and final development plan for expansion of existing PCD and lot consolidation for site located at 4651 Tabor. Display of trailers for sale. Expansion Area: 56,628 square feet Total Combined Area: 188,615 square feet 1. Are public facilities or services provided by your agency adequate to serve this 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulatio 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified whic would or should affect approva. of this request? a Please reply to: Martin Omer (303/235 -2854) Completed by: Department of Planning & Development (Name, Agen /Departur Date) FAX: 303-235-2857 t r DISTRIBUTION: X Water District (Valley) Jeffco Health Department X Sanitation District (Fruitdale) Jeffco Schools X Fire District (Wheat Ridge) Jeffco Commissioners Adjacent City 0 X TCI of Colorado X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department • Jefferson County Planning Dept. X WHEAT RIDGE Public Works Dept. State Land Use Commission WHEAT RIDGE Park & Rec Commission State Geological Survey X WHEAT RIDGE Forestry Division • Colorado Dept. Of Transportation X WHEAT RIDGE Building Divis: on • Wadsworth Ditth Co. X Bayou Ditch 6 X Brown & Baugh Ditch Co. "The Carnation City" CABarbaraWGENREF1wz9909.wpd The City of Wheat 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235 -2846 Ridge July 23, 1999 The Wheat Ridge Department of Community Development has received a request for a zone change at the prolperty described below. Your response to the following questions and any comments on this proposal would be appreciated by August 13, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ- 99- 09Blumenthal LOCATION: 4651 Tabor Street REQUESTED ACTION:. Rezone vacant property from A -1 to PCD, approval of a combined outline and final development plan for expansion of existing PCD and lot consolidation for site located at 4651 Tabor. PURPOSE: Display of trailers for sale. APPROXIMATE AREA: Expansion Area: 56,628 square feet Total Combined Area: 188,615 square feet 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which would or should affect approva of this request? Please reply to: Martin Omer (303/235 -2854) Completed by: _ Department of Planning & Development (Name, Agency/Department, Date) FAX: 303 - 235 -2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Wlaentltrd le Adjacent City 0 X Public Service Co. X US West Communications X Jefferson County Planning Dept. State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation X Wadsworth Dicth Co. Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Departn ent X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission X X X X WHEAT RIDGE Forestry Divis ion WHEAT RIDGE Building Divis;on Bayou Ditch 6 Brown & Baugh Ditch Co. "The Carnation City" C:\BarbuaW GENREF\wz9909.wpd WEST I -TO I wZ -99-3 -_�Isf - PID II; - J % ' LA4.31U"IT GEttTER A -2 A- III 3 ,/ � �/ TABOR i�'iOPp2TIE0 muism f - ii q PGD a /WZ -&3d � R_G Ah(.T. CORP. FM11@IT ��P. m WZ m -90 -6D W 44TH AVE • N �5HUI-1WAY °_ WESTLAKE° L RE -SUB PSUB /.2 5UP -,9 muism f - ii q OFFICIAL ZONING MAF WHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: April 7, 19% Nr;q.NTAIN VISTA �PETIREh$lfT �NIT! / I � A- DANSHM "NOR SJBDIVISION WZ -95-10 R— 1MS -9r5 P P- T - PARK P hCE NL9}E 1-'GD WZ-09-I WZ -90 -I] AREA REQUIRING SITE PLAN APPROVAL ZONE DISTRICT BOUNDRY PARCEL /LOT BOUNDRY (DESIGNATES OWNERSHIP) - - "- CITY LIMIT LINE - - - -- WATER FEATURE • DENOTES MULTIPLE ADDRESSES N E 20 wmrX o m ao �w sm 2 � SCALE 1' =400 DE'AR7M5T OF PLANNING AND DEVE OR ENT - 235 -2852 sum Tl OF2 DESCRIPTION OF PROJECT LEGAL DESCRIPTION OF TABOR DEVELOPMENT - EXPANSION #I-. SURVEYOR*S CERTIFICATE RE-GISTERED7 LAND SURVEYOR COLORADO NUMBER 16837 9500 W. 14TH AVENUE LAKEWOOD, COLORADO 80215 APPROVED.- 11 1999 BY THE WHEAT RIDGE MAYOR ZONLNCYAND PLANi'VING ASSOCIATES PERMITTED USES JEFFERSON COUNTY RECORDS, THE NORTHWEST CORNER OF SAID LOT 1 AND THE TRUE POINT- PLANNING COMMISSION CERTIFICATE MAXIMUM BUILDING COVERAGE- 10% rh kl6tvv\wyv--- OF BEGINNING; THENCE CONTINUING S.00*2,3'20""E. ALONG SAID CENTERLINE A DISTANCE 2. MAXIMUM BUILDING HEIGHT" 35 FEET 1 MINIMUM PERIMETER BUILDING SETBACKS.- S"I"REE7 TREES.,. A TOTAL OF 18 TREES ARE REQUIRED ALONG TABOR ST, THERC OF 169.37 RECEPTION FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN NUMBER F0332590 OF THE JEFFERSON COUNTY RECORDS; THENCE N.88"53'20"E. THIS IS TO CERTIFY THE WITHIN PLAN AND PLAT HAS BEEN APPROVED BY THE O T INSTALLATION AND/OR REPAIR OF HITCHES, COUPLERS, FLOORS , AND �HER PARTS ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 621.38 FEET 'TO A POINT '19-80 PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO. SIDES- 115 FEE r T FEET WEST OF THE EAST LINE OF LOT 8 OF SAID LEE'S SUBDIVISION BEING AND THE REAR: 15 FEET SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE 3. EXTERMINATORS. JEFFERSON COUNTY RECORDS, THENCE N.09*07'45"W. ALONG THE WEST LINE OF THAT TRACT CHAIR_PE_R',;'ON_________ OF LAINS. OF LAND DESCRIBED IN SAID BOOK 1897 AT PAGE 363, A DISTANCE OF 210.21 FEET TO ELECTRIC TRANSMISSION OR OTHER PUBLIC UTILITY LINES AND POLES, IRRIGATION 5. OUTDOOR LIGHTING SHALL BE IN ACCORDANCE WITH SF(`T�ON 26-30(S) OF THE THE NORTHWEST CORNER OF SAID TRACT, THE SOUTHEAST CORNER OF THAT TRACT OF LAND CHANNELS, STORM DRAINAGE FACILITIES, AND WATER SUPPLY FACILITIES, AND WHEAT RIDGE CODE OF LAWS DESCRIBED IN RECEPTION NUMBER F0811522 OF THE JEFFERSON COUNTY RECORDS AND THE 6. OUTSIDE STORAGE OF UNFINISHED PRODUCTS OR VEHICLE-S BEING WORKED LiPON 6. NORTHEAST CORNER OF SAID LOT 1; THENCE S.89009'39"'W A DISTANCE OF 500.43 FEET; SHRUBS, THEREFORE AN ADDITIONAL 85 AND/OR SHRUBS WILL BE ADDED WITHIN �? T LANDSCAPE ARE-AS AND AT THE ENDS F PROPOSED DISPLAY ARE�.4S, AS N D! CA; E D RETAIL SALES OF RELATED MATERIALS AND PRODUCTS, PROVIDED, HOWEVER THAT THENCE S.64"10'38"W. A DISTANCE OF 98.49 FEET TO THE TRUE POINT OF BEGINNING, 14 BULK STORAGE OR PILES OF MATERIALS, SUCH AS MANURE, PEAT, TOP SOILL, ROCK, CONTAINING AN AREA OF 124,989 SQUARE FEET OR 2.869 ACRES, MORE OR LESS. DIRECTOR OF PLANNING & DEVELOPMENT LEGAL DESCRIPTION OF TABOR DEVELOPMENT - EXPANSION #I-. SURVEYOR*S CERTIFICATE RE-GISTERED7 LAND SURVEYOR COLORADO NUMBER 16837 9500 W. 14TH AVENUE LAKEWOOD, COLORADO 80215 APPROVED.- 11 1999 BY THE WHEAT RIDGE MAYOR ZONLNCYAND PLANi'VING ASSOCIATES PERMITTED USES DEVELOPMENT & USE STANDARDS 1. TRAILER SALES AND SERVICE, INCLUDING HORSE TRAILERS, FLAT BED AND MAXIMUM BUILDING COVERAGE- 10% rh kl6tvv\wyv--- ENCLOSED TRAILERS, AND RELATED ACCESSORIES AND SERVICES, BUT NOT INCLUDING SALES OR SERVICE OF SEMI-TRUCKS OR SEMI-TRAILERS, 2. MAXIMUM BUILDING HEIGHT" 35 FEET 1 MINIMUM PERIMETER BUILDING SETBACKS.- S"I"REE7 TREES.,. A TOTAL OF 18 TREES ARE REQUIRED ALONG TABOR ST, THERC SERVICE IS DEFINED AS FOLLOWS.- WIRING, AXLES REPAIR AND REPLACEMENTY SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS WHERE THERE ARE NO T CURREN"l-LY ARE 10 TREES IN HE FROt�141` SFI, BACK AREA. AT "EAST 8 ADDI'll'10NAL O T INSTALLATION AND/OR REPAIR OF HITCHES, COUPLERS, FLOORS , AND �HER PARTS FRONT- 50 FEET bm-)"WT DrECIDUOUS AND/OR EVER"GREEN., WHICH ARE ACCEPTABLE rl J E ET TREES f--R WHEAT OF TRAILERS, SIDES- 115 FEE r T 2. NEW PICK-UP TRUCK SALES, LIMITED TO A MAXIMUM OF 15 PER YEAR, (SALES OF REAR: 15 FEET ANY OTHER TYPE OF TRUCK IS NOT PERMITTED). AUTOMOBILE PARTS AND SUPPLIES SALES. 3. EXTERMINATORS. 4. SIGNAGE SHALL BE IN ACCORDANCE WITH ARTICLE IV, OF THE WHYEAT RIDGE CODL 4. INTERIOR DECORATING SHOP. OF LAINS. 5. ELECTRIC TRANSMISSION OR OTHER PUBLIC UTILITY LINES AND POLES, IRRIGATION 5. OUTDOOR LIGHTING SHALL BE IN ACCORDANCE WITH SF(`T�ON 26-30(S) OF THE BE_ 188,615 SQUARE FEET, A TOTAL OF 189 TRE AND SHRUBS ARE REQUIRED. THERE CHANNELS, STORM DRAINAGE FACILITIES, AND WATER SUPPLY FACILITIES, AND WHEAT RIDGE CODE OF LAWS CURRENTLY ARE 2`4 LARGE CALIBER TREES (1 NCH (".�ALIPE-R OR LARGER) THEREFOR OTHER SIMILAR FACILITIES. 6. OUTSIDE STORAGE OF UNFINISHED PRODUCTS OR VEHICLE-S BEING WORKED LiPON 6. GREENHOUSES AND LANDSCAPE NURSERIES, INCLUDING BOTH WHOLESALE AND SHALL BE SCREENED FROM VIEW WITHIN A SIX FOOT HIGH SOLID 'FENCE, SHRUBS, THEREFORE AN ADDITIONAL 85 AND/OR SHRUBS WILL BE ADDED WITHIN �? T LANDSCAPE ARE-AS AND AT THE ENDS F PROPOSED DISPLAY ARE�.4S, AS N D! CA; E D RETAIL SALES OF RELATED MATERIALS AND PRODUCTS, PROVIDED, HOWEVER THAT L_ 7. OUTSIDE STORAGE AND SALES & DISPLAY ARE-AS SHA'L BE KEPT rLEAR OF WEEDS. flUPC_)l'N THE PLAN, BULK STORAGE OR PILES OF MATERIALS, SUCH AS MANURE, PEAT, TOP SOILL, ROCK, 8.. PARKING PROVIDED SPECIFIC FOR THIS PROPOSED USE (TRAJ[__ER, LIMITED TRUCK, SAND, FIREWOOD OR SIMILAR MATERIAL, ARE SCREENED FROM VIEW FROM PERSONAL RECREATION VEHICLE-S AND BOAT 'SALES AND SERVICE, AND SALES OF 1-0-TAL LANDSCAPE ARFI� REQUIR ENT- A MINIMUIVI OF 110% OF THE 'T( 1 OT IS ADJACENT RESIDENTIAL PROPERTIES BY A VIEW OBSCURING FENCE SIX (6) FEET IN IRELATED ACCESSORIES), OTHER PERMITTED FUTURE USES MAY BE REQUIRED To PER WHEAT RIDGE ZONING CODF-", r Y� REQUIRED TO BE LANDSCAPE . L_ U R R P-N I HEIGHT. BULK STORAGE OR PILES OF SUCH MATERIALS SHALL NOT BE PERMITTED PROVIDE ADDITIONAL PARKING. V, WITH-IN A FRONT YARD SETBACK AND SHALL BE NO CLOSER THAN TWENTY-FIVE bwas a ES ALONG THE IRRIGATION DlTCj-jFS SHRUBS, AND NATURAL SSr NO 'LESS THAN 5% FEET TO A SIDE OR REAR LOT LINE WHICH ABUTS RESIDENTIALLY ZONED PROPERl'-Y, WOULD NOT BE OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR. DiJI S I ADDITIONAL LANDSCAPE REA WILL BE ADDED, ESPECIALLY ALONG THE 1­70 OR WHERE ZONED AGRICULTURAL AND THERE IS A RESIDENTIAL STRUCTURE FUMES GAS, NOISE, RADIATION, HEAT, GLARE, VIBRATION, TRAFFIC GEN E RA Tl 0 N FRON-rAGE AND WITH!-. THE DISPLAYI ARE.AS, AS lNDICAl_l'r_.__D UPON THE PROPOSED PLAW WITHIN FIFTEEN (15) FEET OF THE COMMON PROPERTY LINE. PARKING NEEDS, OUTDOOR STORAGE OR USE, OR IS NOT HAZARDOUS TO 1-HE 7. ASSEMBLY HALL AND CONVENTION FACILITIES. HEALTH AND SAFETY OF SURROUNDING AREAS THROUGH DANGER OF FiRE OR 8. BANKS, LOAN AND FINANCE OFFICES. EXPLOSION. 9. CHILD CARE CENTERS. BILL BOARDS ARE PROHIBITED, 10. GOVERNMENT OR QUASI -GOVERNMENTAL BUILDINGS AND OFFICES OR PUBLIC 11. UTILITY BUILDING, HOMES FOR THE AGED, NURSING HOMES AND CONGREGATE CARE HOMES. SITE DATA TABLE 12. MEDICAL AND DENTAL CLINICS OR LABORATORIES. T -5, S, F, f,") R 4.3 3 A C R Ec,_�� OTAL AREA,.- 18890 13. 14. OFFICES- GENERAL BUSINESS AND PROFESSIONAL OFFICES. I PARKING OF AUTOMOBILES OF CLIE !TS, PATIENTS AND PATRONS OF OCCUPANTS OF EXPANSION PARCEL- 56)628 S.F, OR 11.3 ACRES fe I LARG ALL N EW E)VERGR EEN TREES WI, LL BE 6 FrE_ET i OR GR PlEATER, ALL SHRUE S ORIGINAL PARCEL- 131.1987 S�F, OR 3.03 ACRES SH _L BE '-':J\ GALLON SIZE C_)R LARGER. el, ADJACENT COMMERCIAL DISTRICTS, XCEPT NOT PARKING SEMI-TRUCKS OR TRAILERS, EXCEPT WHILE ACTIVELY LOADING OR UNLOADIN BUILDING COVERAGE, 81,400 SJr-_, (4,5%) 15. PRIVATE CLUBS, SOCIAL CLUBS, BINGO PARLORS AND SIMILAR USES. r 16. SCHOOLS, PUBLIC PAROCHIAL AND PRIVATE (INCLUDING PRIVATE, VOCATIONAL PAV E D A R EA S 211 8 S" 1 �4%) 0 r TRADE OR PROFESSIONAL SCHOOLS), COLLEGES, UNIVERSITIES, PRESCHOOLS AND DAY NURSERIES (INCLUDING THOSE USES COMMONLY ACCFPTFD AS NFCFql'�ARY pit let, 1 AQPAQ� ­z, --,, , -) -; - 1, �: - � �,> n Ao** 10 19. _1% 1; t r w v STUDIO FOR PROFESSIONAL WORK OR TEACHING O=INE ARTS, PHOTOGRAPHY, MUSIC, DRAMA OR DANCE. 20, TAILORING, DRESSMAKING OR CLOTHING ALTERATIONS SHOPS, UPHOLSTERY SHOPS, S"I"REE7 TREES.,. A TOTAL OF 18 TREES ARE REQUIRED ALONG TABOR ST, THERC 21. SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS WHERE THERE ARE NO T CURREN"l-LY ARE 10 TREES IN HE FROt�141` SFI, BACK AREA. AT "EAST 8 ADDI'll'10NAL OUTSIDE PENS OR RUNS FOR DOGS, DrECIDUOUS AND/OR EVER"GREEN., WHICH ARE ACCEPTABLE rl J E ET TREES f--R WHEAT 22. APPLIANCE STORES AND INCIDENTAL SERVICE AND REPAIR. RIDGE ZONING kl__/"0DE, WILL BE PLACED A'.,-kDNG THE TABOR ST. FRON 23. ART GALLERIES OR STUDIOS. 24. AUTOMOBILE PARTS AND SUPPLIES SALES. 4 I-REES & SHRUBS BY AREA REQUIREMENT, PER WHI IRID ZONING CODE, IN 25. BAKERIES, RETAIL. a ADDITION TO S`41'REET TREIE REQUIREMENTS, 1 TREE OR "', UB IS REQUIRED FOR EACH 26. BICYCLE STORES. 1000 SQUARE FEET OF LOT AREA, SINCE THE TOTA 01' AREA OF THE ENTIRE PCD WILL 27. 28.CERSONAL BOAT, CAMPER AND TRAVEL TRAILER SALES AND SERVICES. RECREATION VEHICLES AND BOATS SALES AND SERVICE:.) BE_ 188,615 SQUARE FEET, A TOTAL OF 189 TRE AND SHRUBS ARE REQUIRED. THERE CURRENTLY ARE 2`4 LARGE CALIBER TREES (1 NCH (".�ALIPE-R OR LARGER) THEREFOR 29. S UPPLY S CAMERA AND PHOTOGRAPHIC SALES, SERVIr%l-,,E AND ORES. THESE TREES COUNT AS 3 TREES EACH, 0, 2 TREES, THEF_'E ARE AISO 30 EXISTING ��l L_ 30. 31. CATERERS. FLORAL SHOPS, WHOLESALE12ND RET A SHRUBS, THEREFORE AN ADDITIONAL 85 AND/OR SHRUBS WILL BE ADDED WITHIN �? T LANDSCAPE ARE-AS AND AT THE ENDS F PROPOSED DISPLAY ARE�.4S, AS N D! CA; E D 32. GARDEN SUPPLIES STORES, WHOLESALE ND RE A flUPC_)l'N THE PLAN, 33. TELEVISION, RADIO, SMALL APPLIANCE RE-PAIR AND ERVICE SHOPS, D? 34� CUSTOM FABRICATION AS ACCESSORY TO A MAIN USE. 1-0-TAL LANDSCAPE ARFI� REQUIR ENT- A MINIMUIVI OF 110% OF THE 'T( 1 OT IS 35. ANY SIMILAR USE WHICH, IN THE OPINION OF THE ZONING ADMINISTRATOR, OR,� PER WHEAT RIDGE ZONING CODF-", r Y� REQUIRED TO BE LANDSCAPE . L_ U R R P-N I UPON APPEAL OF HIS DECISION, OF THE BOARD OF ADJUSTMENT, WOULD BE '_ APPROXIMATELY 15% OF TH_ ENTIRE SITE 'IS LANDSCAPED WITH ':30D, TREES AND COMPATIBLE IN CHARACTER AND IMPACT WITH OTHER USES IN THE Dl':�.,,TRiCT. _r ES ALONG THE IRRIGATION DlTCj-jFS SHRUBS, AND NATURAL SSr NO 'LESS THAN 5% WOULD NOT BE OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR. DiJI S I ADDITIONAL LANDSCAPE REA WILL BE ADDED, ESPECIALLY ALONG THE 1­70 FUMES GAS, NOISE, RADIATION, HEAT, GLARE, VIBRATION, TRAFFIC GEN E RA Tl 0 N FRON-rAGE AND WITH!-. THE DISPLAYI ARE.AS, AS lNDICAl_l'r_.__D UPON THE PROPOSED PLAW PARKING NEEDS, OUTDOOR STORAGE OR USE, OR IS NOT HAZARDOUS TO 1-HE FOR A TOTAL LAND APE AREA OF 20%� OR 37,723 SQIJARF PE ?-"IT, HEALTH AND SAFETY OF SURROUNDING AREAS THROUGH DANGER OF FiRE OR EXPLOSION. 36. BILL BOARDS ARE PROHIBITED, T IKviAlN­riENANCE: ALL LANDSCAPE AREAS, 11 T R S A N D S H R UBF S S H AL L B` NIAIN AINED 1%, J I'll 'TI '-EASED AND/OR DYING' [.ANDSCA. ING SHAIL B-_ IN HEALTHY jNDI ON. DEADo', Dlll.� L RE��,AOVED D REPLACED, SIZE R ,UIREMENTS� ALL NEW DECIDUOUS TREES WILL. BE 1 INCHES ,,,.,ALiPER OR I LARG ALL N EW E)VERGR EEN TREES WI, LL BE 6 FrE_ET i OR GR PlEATER, ALL SHRUE S SH _L BE '-':J\ GALLON SIZE C_)R LARGER. MAYOR ETFITI THIS IS TO CERTIFY THAT THE CITY RI DGE, AND AGREED BY THE UNDERSIGNED Z.A INVOLVED IN THAT ALL EXRi -NSES STS BOOK 1897 CONS PAGE 363 00 SYSTEM WORKS AND LINES,. GAS SERVICE LINES, 'ELECTRICAL S E R VI C E WORKS AND LINE , STORM SEWERS AND DRAINS, STREE LIGHTING GRADING AND LANDSCAPING, C URBS RET ENT I ON THE ET PAVEMENT, S AND O THER I ITI PER PLAT O F M CL S ERVICES SMALL BE G UARANTEED I FOR BY THE SUBD IVIDE R TABOR ET SUBDIVISION Y THE I'I III ARE PROVED BY THE CIS'" OF WHEAT RIDGE, AND SUCH S HALL ;BONE - �` T E I THE CITY F T RIDGE, THAT ANY ITEM SO CONSTRUCTED OR INSTALLED WHEN ACCEPT THE C ITY O F WHEAT RIDGE SHAD. BE COME THE SOLE PROPERTY OF TH S AID CITE' EXCEPT T ITEMS O WNED BY MUNICIPALLY FRANCHISE UTILITIES AND T'I'DE U WES COMMUNICATIONS COMPANY WHI ITEMS, WHEN CO NSTRUCTED OR INSTALLED, SHALL REMAIN THE - PRO PERTY O THE OWNER AND SHAD NOT BECOME T PROPERTY OF THE CITY, EXISTING BUILDING -ell TO RE MAJN t o OWNE E 4651 R S T R EET 4651 T ST REET NORTH LINE REC. NO. F0332590 _.._. 'DIET RIDGE, CO WHEAT RI DGE, 80033 " BROWN & BAUGH DIT JA ME R 'BLUMENT I 4651 TABOR STRE WHEA RIDGE, CO ZONED A -1 800 (303) 279-2939 VICINITY MAP ,00000-0I 1111 0 A I v Z[01�3 ;n L -3614 Ask LEGAL DESCRIPTION OF EXISTING "TABOR DEVELOPMENT" ( CORRECTED): III llq I WITNESS MY HAND AND OFFICIAL SEAL.: I DIRECTOR OF PLANNING & DEVELOPMENT APPROVED. CITY COUNCIL CERTIFICATION APPROVED THIS C,ITY COUNCIL. BY: MAYOR I DEVELOPMENT & USE STANDARDS TOTAL AREA.- 188,615 S.F. OR 4.33 ACRES EXPANSION PARCEL.- 56,628 S.F. OR 1.3 ACRES ORIGINAL PARCEL.- 131,987 S.F. OR 3.03 ACRES BUILDING COVERAGE: BP400 S.F. PAVED AREAS.- 21,368 S.F. (11.4%) LANDSCAPE AREAS- 37,723 S.F. (20%) OUTSIDE DISPLAY AND SALES AREAS: 10V24 S.F. OUTSIDE STORAGE AREAS.- 12tOOO S.F. (6.3%) ,LANDSCAPING SPECIFICATIONS JEFFERSON COUNTY CLER AND RECORDER I ZONING AND PLANNING ASSOCIATE'S 8684 W WAR-REN DR. LAKEWOOD, COLORADO 80227 PHONE.- 303-986-4389 FAX: -3ffl-763-5221 PREPARED: 07/08/1999 F4 JOB NO. B213-2 f 1999 BY THE WHEAT RIDGE FINAL DRAINAGE REPORT TRAILER SOURCE 4651 Tabor Street WHEAT RIDGE, COLORADO June, 1999 revised: August, 1999 Prepared By LANE ENGINEERING SERVICE, INC. 9500 West 10 Avenue Lakewood, Colorado 80215 303 - 233 -4042 8213 -2 A CONTENTS ARTICLE PAGE INTRODUCTION Site Location 2 Site Description 2 Proposed Project Description 2 Flood Hazard and Drainage Studies Relevant to the Site 5 HISTORIC (PRESENT) DRAINAGE SYSTEM Major Basin 7 Subbasin and Site Drainage 7 PROPOSED (IMPROVED) DRAINAGE SYSTEM Criteria 8 Runoff 9 Detention 9 Streets 9 CONCLUSIONS Discussion of Impact of Improvement 10 Compliance with Applicable Criteria 10 Areas in Flood Hazard Zone 10 APPENDIXES Hydrologic and Hydraulic Computations 11 Standard Design Tables and Charts 37 DRAINAGE MAPS AND PLANS Drainage Maps, Plans and Construction Details 41 INTRODUCTION SITE LOCATION 1. City, County, Street Grid: The subject tract, known as 4651 Tabor Street is located on the west side of Tabor Street, south of West Interstate Highway 70, within the City of Wheat Ridge, Jefferson County, Colorado. A vicinity map appears on page 4. 2. Adjacent Development: Land east of the site is in residential use. Areas west and south of the site are in various commercial land uses. The site is bordered on the north by Interstate Highway 70. SITE DESCRIPTION 1 . Existing Topography, Ground Cover, Use, Etc.: Sloping to the northeast, on grades of less than one Percent, the site presently consists of a trailer sales facility with open gravel surfaced display areas, and a an adjacent vacant area with a covering of native vegetation and trees. * Runoff approaching the site from the south is intercepted by the Brown & Baugh Ditch that flows to the east, just south of The south site boundary, crossing Tabor Street near the Extreme southeast corner of the site. The Bayou Ditch and the Wadsworth Ditch also cross the site as shown on the Drainage Maps at the back of this report. 2 . Existing Drainage Facilities: A stormwater retention pond exists just west of Tabor Street on the previously developed trailer sales portion of the site. This pond'and associated site drainage are the subject of Drainage Report #95135, prepared by AA -ADNAN & Associates dated September 22, 1995 PROPOSED PROJECT DESCRIPTION 1. Commercial Development: The presently vacant portion of the site will receive minor surface smoothing and shaping to form an additional trailer * Aug 99 .Revision 2 p '. display area to the existing trailer sales facility. No changes to the developed portion of the site are proposed. a 9 0 i I VICINITY V MAP 8213 -2 The new trailer display area will be surfaced with loose f Coarse Gravel display areas, compacted gravel driveway aisles, and areas of landscape. FLOOD HAZARD AND DRAINAGE STUDIES 1. Relation to Major Basins: The site is within the Clear Creek Major Basin, approximately one -half mile north of the Clear Creek channel. A portion of a relevant FIRM, with the site identified, appears on Page 6. l 5 1 �I jJ - jLI 2 N L T '� � J ZONE C o C3 F- ::::.': : :... ........... .... �w:.'::.�:' ....- .... .. _. -.. . .d ....... sF.'::.":.':::.'.'. ONE 6 .. ...... U) .... FIRM FLOOD INSURANCE RATE MAP P 0050 MMREU .. ORlCIlWWC d .. 70 -. CITY OF WHEAT RIDGE, MAP REVISER: COLORADO FEBRUARYA,100 I 0 O -.- JEFI ;ERSON COUNTY, j CRY PAREL PRINTER i 8213 -2 HISTORIC DRAINAGE SYSTEM MAJOR BASIN 1. Relation to Major Basin Channel: The site lies approximately one -half mile north of the Clear Creek channel. 2. Major Basin Drainage Characteristics: Clear Creek Major Basin is highly urbanized both up and down stream from the site. The neighborhood of the site is becoming increasingly commercialized. SUBBASIN AND SITE DRAINAGE 1. Initial and Major Storms: In connection with the additional outdoor display areas, the site will be smoothed and shaped in a manner which will allow free passage of stormwater_runoff through the site. Improvements proposed for the site will not create any significant imperviousness. 2. Off -site Flows: The rate and routing of offsite runoff from the south will not be altered by the proposed additional display areas. 3. Existing Drainage Patterns: Runoff from the undeveloped portion of the site travels to the northeast and crosses the Tabor Street embankment through a culvert within the Interstate Highway 70 right of way. 4. Effect of Historic Flows upon Adjacent Properties: Onsite runoff, not intercepted by irrigation channels on the site, has entered Interstate Highway 70 right of way in a non - concentrated manner. 7 CRITERIA 1. Size Basin and Subbasins: A summary of subbasin characteristics appears below: TOTAL PEAK RUNOFF RATE AT STUDY POINT A more detailed analysis appears in the calculations. 2. Hydrological Method: Because the area of the site is less than 20 acres, the RATIONAL METHOD of calculating runoff will be used. 3. Design Storm Frequencies: An initial Storm of 5 -years return frequency is used and a Major Storm of 100 -years recurrence is used for analysis and design, in accord with the City Storm Drainage Criteria Manual. n SITE ONLY SITE + OFFSITE AREA Q5 Q100 Q5 Q100 POINT SUBBASIN (acres) (cfs) (cfs) (cfs) (cfs) 1 H1 0.52 0.3 1.9 0.3 1.9 OHA 0 0.3 1.2 2 H2 0.69 0.4 2.3 0.4 2.3 H3 1.41 0.9 4.8 0.9 4.8 3 H6 0.43 0.4 1.5 0.4 1.5 OHB 0.12 0.1 0.6 4 H4 0.89 1.8 4.6 1.8 4.6 OHC 0.84 0.3 0.9 5 H5 0.25 0.5 1.2 0.5 1.2 OHD 2.42 1.4 8.0 TOTAL PEAK RATE OF HISTORIC DISCHARGE 4.3 16.3 6.4 27.0 A more detailed analysis appears in the calculations. 2. Hydrological Method: Because the area of the site is less than 20 acres, the RATIONAL METHOD of calculating runoff will be used. 3. Design Storm Frequencies: An initial Storm of 5 -years return frequency is used and a Major Storm of 100 -years recurrence is used for analysis and design, in accord with the City Storm Drainage Criteria Manual. n RUNOFF 1. Developed Flow Rates and Paths: Minor site smoothing and shaping will allow stormwater runoff to cross the site in a non - concentrated historical manner. Peak rates of discharge will not be significantly different than historic (present). DETENTION 1. Volumes Required and Provided: Because no significant increase in impervious surface will be created, no additional stormwater runoff detention is proposed. The extent or nature of existing subbasins tributary to the existing retention pond will not be altered. 3. Excess Storm Water Passage. a wil travel northeast ar within InterstatelHighway s70frightsofewaylat essentially unchanged rates. STREETS 1 . Storm Drainage System: There is no storm darainage system in Tabor Street. Runoff from a portion of the Tabor Street right of way enters the e in a dispersed manner along the east boundary and is routed site the north, along the east property line to the I -70 right of way where is crosses Tabor Street to the east within an existing culvert. No changes or improvements to Tabor Street are proposed in connection with the expanded display area. 9 CONCLUSIONS ?� IMPACT OF IMPROVEMENTS r! 1. Benefits: Shaping of the site surface, and loose gravel cover, will allow stormwater runoff to cross the site in nearly historic patterns and rates. , 2. Adverse Impacts with Mitigation: Loose gravel cover of the site will minimize the possiblity of higher than historic rates of runoff resulting from a more intensive use of the additional display area of the site. COMPLIANCE WITH APPLICABLE CRITERIA 1. Detention Ponds: Because there will be no significant increase in imperviousness of the site, no additional stormwater runoff detention is proposed. AREAS IN FLOOD HAZARD ZONE No part of the site is within or bordering an official flood hazard zone. tl BE i DEVELOPED RUNOFF SUMMARY DRAINAGE MAP LEGEND ® MWI MXXt IkeTY.1pN v ® .BWN EAEONY PTW. nml 6fdUl GvaPAZ PO 7 TOTAL PEAT( RUNOFF PDX N \YN ARMY E Cfa 1 4 Q091M MMAI GNIM FIflN1BN RMWE aa-uml RWaaac m mart -.. _.�_ RATE AT STUDY POINT SITE SITE PLUS NrowVn Awwr rxeMDrt aLr PDIE ONLY am" POI rt ARIA NY 00 (CTS) , 0100 (CM) 06 0100 (CFS) - (CTS) SUBB131N (AGREES) (.; 01 0.52 11 0.5 t.6 0.5 1.6 1 am 0.26 11 OA 1.2 2 02 1.52 13 1.4 614 1.4 5.4 D3 026 H 02 I.0 0.2 1.0 3 D4 ME3 14 0.7 2A 0.7 2.7 OHB 0.12 a 0.1 0.8 H4 O.eO 12 td 4.e ua 4.6 4 ONE 0.16 6 0.3 0.2 HIS 0.2! t2 0.5 1.2 0.5 1.2 5 No 2.42 14 1.4 5.0 TOTAL PEAK MTE OF DEVELOPED DISCHAN E 5.1 1615 7.2 27.2 TOTAL PFAK NEW OF' HISTORIC DISCHARGE 4.3 ME 6.0 24.] DRAINAGE MAP LEGEND ® MWI MXXt IkeTY.1pN v ® .BWN EAEONY PTW. nml 6fdUl GvaPAZ PO 7 - b' -- PDX N \YN ARMY E Cfa 1 4 Q091M MMAI GNIM FIflN1BN RMWE aa-uml RWaaac m mart -.. _.�_ swl awVOEmv mlx Blmwnox oxHa2e01RRL t+t � ^ NrowVn Awwr rxeMDrt aLr PDIE 4 � mnMOn -ro wur �� HM 1RQ NY 0 � ME, PINES �. � rsneraarrrraar� APPROVED FOR THE BAYOU MICR CO. A1NnavEO ETKI TIE wA115AMRN O'C" Ca. APMOhp EoR TIE slam a fiupx MTCx m BY: - BY: ET am ae BENCHMARK: CITYOP WHEATRIOOE OATYM BENCHMARK NE CORNER SEC. 20 EL MT.M DRAINAGE MAP (PROPOSED CONDITIONS) TEMPORARY EROSION CONTROL 4651 TABOR STREET WHEAT RIDGE, COLORADO 0 �f0 K7 i os / y I P0 2 2 .11 NOTE: TABOR ST. PUBLIC IMPROVEMENTS SHALL BE MAINTAINED ON A DAILY SA515. OR AS NEEDED SUCH THAT IT IS TREE OF MUD AND OTHER CONSTRUCTIO THIS SIVE. N DEBRIS iRACKIHO FROM FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN THE ENFORCEMENT OF ARTICLE 11 SPECIFIED NUISANCES. SECTION IS -21113 OF THE WHEAT RIbIIE CODE OF UWS, EROSION CONTROL NOTES: 1. ADDITIONAL EROSION CONTROL MAY BE REQUIRED DURING CONSTRUCTION AND SHALL BE INSTALLED WITHIN 24 HOURS IF REQUESTED BY THE CITY ENGINEER. 2. WATER TRUCK IF CALLED FOR BY THE CITY INSPECTOR WILL BE PROVIDED TO KEEP WINO EROSION IN CHECK. 3. TEMPORARY EROSION CONTROL TO REMAIN IN PLACE UNTIL GROUND COVER IS ESTABLISHED AND STABLE. 4. PUCEMENT OF SILT PENCE AND OTHER RELATED EROSION CONTROL MEASURES ARE TO BE COMPLETED PRIOR TO ANY ONSIIE GRADING ACTIVITIES. VICINITY W W F- (n 0 m Q i SCALE 1'- 40' 40 0 20 40 U � Z a W WN N U Worn a M (f) ' o Z a 0or%) Jh W 3U"r�i w o zv Z o MO EW w a Z w x W g Z O N_ m B213 -2 SHEET N0. 1 HISTORIC RUNOFF SUMMARY HISTORIC DRAINAGE MAP LEGEND v suaWIN DIM ON MAL PEAK WHOM 100 TFAR TO ININ MFF A _�_ AR IN ACRES RAZE AT STUDY PORT ®; mw POINT IN SNIATION In olls, sull"SIN BOUNDARY PEAR INTML STORM OISCNAROE ( CPS ) PM MAJOR STORM DISCNAROE ( CPS ) -- - NY 6 mu MA To OS 0100 03 0,00 Po NT SUSM %N (ACRE!) (IN) (CPS) (CiS) (Cis) (cm) N1 .Ode 11 0.3 1.9 a 1.9 1 :... 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F0123042 LEGAL DESCRIPTION FILE NO. 1018432 PAGE 1 OF 1 "EXHIBIT A" THAT PART OF LOTS 7 AND 8, LEES' SUBDIVISION, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 8, LEES' SUBDIVISION WHICH POINT IS 166.96 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH ALONG THE WEST LINE OF LOTS 8 AND 7, LEES' SUBDIVISION, A DISTANCE OF 221.11 FEET TO A POINT; THENCE NORTH 89 DEGREES 50 MINUTES EAST A DISTANCE OF 641.3 FEET, MORE OR LESS, TO THE EAST LINE OF LOT 7 AS SHOWN ON THE PLAT OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 7, A DISTANCE OF 221.11 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE TRACT OF LAND DESCRIBED IN BOOK 359 AT PAGE 28; THENCE SOUTH 89 DEGREES 50 MINUTES WEST ALONG THE NORTHERLY LINE OF TRACT AS DESCRIBED IN BOOK 359 AT PAGE 28 A DISTANCE OF 641.3 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPT PORTIONS DEEDED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO RECORDED IN BOOK 1897 AT PAGE 363, COUNTY OF JEFFERSON, STATE OF COLORADO. STATE OF COLORADO , ss O LO N O O i ti .. C 4i C W LD U C4 O N N .� O 1f7 V� O W ti G LO o 'L W (14 4 `y N (Y a os a �[ a � Q« m O N ED N W I q 'o ro U C) G rl rn n 0 1 9 a 9 z W O N .m d ZO W U °o H U' O Z 1 J H «_ W o 0 P p m 6 •.�{ .•�{ .--� V W I 'j s Pn W 0 W � O ^ 6 T S v U H H � b O 1 A .�' rn 4 O U >4 W m h > d W W U 2 O � o v rn A W 3 CL p �F W AzL .0 3 n .-I EE ~ U O H m N d' O W O a W O W W P, W o o O •rl w rn z p+ P: E x c Oc'� O A 6F+U� 3 W v c v LK i0 A O `z�„ O >+ E 6 W H d `o « W W W F 'c° 0= y =' r 9 v va z 1 o cn P. U O W d o n ``0 9 O d H '� It W c c N F4 6 W F U ^Ed ❑> �E (,•✓ i° ` Zqq p y E h O h te 6 6 O W 3 b �Gv 3 g O 3 o d O W q M A F E H s E c 9 L•0H ' H c0 o Pi m W I t W W' P'• x .� p d E a E q m E O d 0 O U O d DC = o .'• -� N F O O z w m« y d n 0 U z P+ Pa w P+ U �o ro o A moo wd m me o Pi i �w x s s 0 _ H .-� 00 W W z>1 H N N y v PP- v 4 V 7 Y Q O > W W o ' `o o '- O 2 F A an d •r�i v O « •r 6 F z W W O W p H d Q 5 U H z 4- w m 0 . ' 4 4- r i- W a+ W U W W 3.] E F Pi �n W OPP « d q H '�� - j U m H w p: •• E O P: H _ W a Q O Cl c F v PP PP w w z W C4 Y4 o w' 1 .. 2 v « H W W� A W P4 U 3 m N W W p z U W O A o ai 'a O U W W ;2!; q 7., W z y s U O d •r�i E i C Q W W O PP H "q•°'c s W z Ux6q m v m 0 S+ U p .." O d ai ` Q m m U W e•'TS+ =sc# " `, �, r+ `o A cn U .7 U W O n�• W N w W W W Pi H W ? �yy H A W a. E >, c E y y c 4 °' ;a .` C { " O G 9 W d H vl W m ._ h x �" U O > U '] 1- O W z .. A y m `.° 1 x x W . t ilTttf( c o w •c v W O .] W W w FH m U O A u U d a W H O Y. 'o 'S.' o °' z E c 'o d Pi d d« U m W W A[n cn J3U v0 3 c EF-+ aaa q z A z W UPS a 7 0« 0 E c H E« 6 H d o O c z w v y U ° U d 2 -1 O F c'.0 P -• k+ r U q H E d G .E A 3. E E b « ac yS m o �a UCx.�v�i a. da a v� w ro C U k `° h 2 m ?' m" F V H P: U '° y W m '° Z W O >, A c 9 d Z W O P4 >+ 6 0 h X,' G c 5 F u •'y'rl H •. 3 U ,� U r i P: o 3 « o o « 3 z m ai v h q to W> x y F m o U 3 0 0 « a H v v� d 9 W E a 6661 33J MViN3m 0 aviS I) m 0 'a T e v a a RECEPTION NO. F0811522 EXHIBIT "A" PROJECT NUMBER: 170-3(8)268 Section 2 PARCEL NUMBER: 180A Project Code: 88204 Date: January 19,1999 DESCRIPTION An excess parcel of land No. 180A of the Department of Transportation, State of Colorado, Project No. 170-3(8)268 Section 2 containing 1.311 acres /57,113 square feet, more or less, in Lot 7, LEE'S SUBDIVISION, a subdivision lying in the NE 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian, Jefferson County, Colorado, said excess parcel of land being more particularly described as follows: Beginning at a point on the south property line from which point the northeast comer of Section 20, T. 3 S., R. 69 W., bears N. 52 26' E., a distance of 1,547.9 feet; 1. Thence along the said south property line, N. 89° 27'E., a distance of 498.0 feet; 2. Thence N. 08° 55' 15" W., a distance of 33.00 feet; 3. Thence N. 00° 23'30" W., a distance of 198.70 feet; 4. Thence S. 64° 20'30" W., a distance of 545.20 feet, more or less, to the point of beginning. The above described excess parcel contains 1.311 acres /57,113 square feet, more or less. Subject to any and all easements of record and also to any utilities as constructed and for their maintenance as necessary. Reserving unto the Department of Transportation, State of Colorado, each and every right of access to and from any part of State Highway 70 along or across the access line or lines described in Exhibit "A" as course numbers 2, 3 and 4. BASIS OF BEARINGS: The bearing of N. 00° 16'W. is the assumed bearing of the East line of LEE'S SUBDIVISION, said line also being the East line of said Section 20. This line is described and shown on the Department of Highways Right -of -Way Project 170- 3(8)268 Section 2. For and on Behalf of the Department of Transportation James D. Styron 303 - 757 - 9924 —Room 169 2000 S. Holly St. Denver, CO 80222 of wHEg LAND USE CASE PROCESSING APPLICATION �F wHEgr P Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 cot oR Poo Phone (303) 235 -2846 (Please print or type all information) Applicant_ b WMfWJR&Address 1 A809 57. Phone q 2Z - ,?,`J '5KI T ZO OFF5XDRf City W"F-f47 9 1 U6it . Co, fS'ar3 i Owner L,L,C. Address fw eh Phone City Location of request (address) Type of action requested (check one or more of the actions listed below which pertain to your request.) ® Change of zone or zone conditions ❑ Variance / Waiver ® Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: C — - Fo PCD Fill out the following information to the best of your knowledge. Current Zoning: — Size of Lot (acres or square footage): Current use: = VACAAir Proposed use: Assessors Parcel Number: OG✓ .b 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 must submit power- o ey f he ow which ap r ed of this action on his behalf. Signature of Applic Subscribed and sworn to me this day of , 19 Notaryllublic My commission expires 0- Date received Receipt No. Case No. Z- Related Case I Quarter Section Map A) �'a / = 02 22000 >0 >00 > >o ,m :23 »4« CD C D 0 R a¥ 7)Cl) CD (D \` 0 Cf)0) 2CD 0 R -n(0w ))$ \a CL . ® } \� §Z(( \ .. . ) ) „ \ °:_ \ ®A °y Cl) _$ - 3 ' ° ) 0 _ CD -rl ® CD - o (\ N - © \ow � \\\ 2 CD X ID ID 0 . WD , -a . CD i/ (( 7 \ \[ //{ CD $\ << f - 1wM - ° ° #Ga(( /2 .. CD . \ _ co -a \�� #\ \\ > ) gam% } ƒ 1 0 � \_ o } \ \ { N \ � Q % ƒ / �pj \ k � p ZONING AND PLANNING ASSOCIATES ZAPA 61ENCOLEV, AU City of Wheat Ridge Planning & Development Dept. 7500 W. 29 Ave. Wheat Ridge, Co. 80033 RE: Zoning Application Submittal — Trailer Source To Whom It May Concern: Please find attached the following information: 8684 W. WARREN DR. LAKEWOOD, COLORADO 80227 PHONE: 303- 986.3f8' PAGER: 303- 905 -8526 FAX: 303 - 763 -5221 July 9, 1999 1. Completed Land Use Case Processing Application. 2. Check in the amount of $600 to cover application and public hearing notice fees. 3. 15 sets of proposed Combined Outline and Final Development Plan, including Certified Survey and legal descriptions. 4. 2 copies of Drainage Report. 5. 1 label sheet with surrounding property owners names and addresses. 6. Proof of ownership of subject properties. 7. Information relating to Neighborhood Meeting held June 29, 1999. INTENT AND PURPOSE OF THIS REQUEST The applicant, J.R. Blumenthal, has purchased a 1.3 acre parcel of land from the Colorado Department of Transportation, which borders his existing property to the north,. Mr. Blumenthal and his family own and operate Trailer Source, a predominately equine related trailer supply and service business located on land zoned Planned Commercial Development, located at 4651 Tabor St. In addition to trailers, Trailer Source also sells and services motorized personal recreation vehicles and boats such as snow mobiles, jet skis, and all terrain vehicles. The intent is to rezone the newly acquired parcel to the north and expand the business upon that property. The specific proposal is to display trailers for sale in this area. Since opening for business in 1997, the owners of Trailer Source have realized that their current layout, within the boundaries of their existing property (Tabor Development PCD), has functional disadvantages that can be remedied by expansion of area. With the current arrangement, large delivery trucks cannot turn around within the existing property, so as to exit foreword onto Tabor St. Hence, they back out onto Tabor St., or stop in Tabor St. to unload. With the additional land and proposed layout, trailer display and vehicle access circulation routes will be improved so that delivery trucks can enter upon the property, unload, and exit foreword onto Tabor St. September 10, 1994 NEIGHBORHOOD MEETING The applicant notified all residents within 600 feet of the subject property, on June 21, 1999, of a pre - application neighborhood meeting, by personal delivery to each residence of the accompanying notice. The meeting was held on June 29, 1999 and was attended by 6 neighbors and Martin Omer of the Wheat Ridge Planning Department, as well as the applicant and myself. One concern expressed by neighbors was that delivery trucks have parked along Tabor St. to unload or to await opening of the gates to make deliveries. Mr. Blumenthal indicated that the proposed plan should eliminate the need for trucks to unload in Tabor St., as they will be able to turn around within the property. Regarding early morning delivery, he has contacted all of the trucking companies which service the business and requested that they make deliveries during normal hours of operation. He has advised the trucking companies that the neighbors do not want trucks parked upon the street waiting for the gates to open. He also advised them that it was illegal to stop and park upon the street, and that their drivers were subject to being ticketed by the police. He intends to place a sign at the entrance to specifically notify truck drivers of this issue and to require them to move on and come back during hours of operation. Another issue raised was the removal of several mature trees along the irrigation ditch along the south side of the property. The trees were located upon the property to the south, which is not owned by Trailer Source. They where removed with the recommendation of an arborist based upon their physical condition and age. Most were diseased, dead, or had substantial storm damage. One neighbor believed that this property is being used by Trailer Source, or will be used by Trailer Source in the future. Mr. Blumenthal indicated that the ownership of that property, is not the same as the Trailer Source property, and that it is being rented to a private party as a residence and horse property. Any horse trailer on that property is the tenant's, not Trailer Source's. Please keep me informed of any concerns, issues or additional information which you may need as this application is being reviewed and scheduled for public hearings. Prior to scheduling the hearings, please let me know the hearing dates so that we may coordinate our schedules. Glen Gidley, A.I.C.P. Zoning and Planning • Page 2 J / CA��� ow 46,4 cl- /z 461, pto r � Y&,-t� e4 ( ( �' �d� ���� � � �� lJ`��� , Su �� � c.�� �� ��� . ����� ��- 7�� a � � ; Z��� �.� .� G� � �� ��`� �� �� ej -�— v Jgu r� arc <� v 4 SouRc -E N ��16NboRNoop MTV • (0/Z4 /99 J 70M E)AWCE 5 4et T 1�irn J ,,) ,r 11-700 Sad \� 4.c.1�eLl WL46Avi� wz-wak - - 7b - ? 3 �5 5, � �l7GS S,rnrns �� �l7S5 S ;m ms '� L' Uyv" w 3 -V3/ -/G YO X63 y�;> Go7c a23 -z ys'�( WL46Avi� wz-wak - - 7b - ? 3 �5 5, � �l7GS S,rnrns �� �l7S5 S ;m ms '� L' Uyv" w 3 -V3/ -/G YO X63 y�;> Go7c a23 -z ys'�( CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR REZONING FROM NF�KIC:lA�T(AKA/ — (7.tlF ON PROPERTY LOCATED AT THE DATE AND TIME OF THE MEETIN THE LOCATION OF THIS MEETING IS TOE PURPOSE FOR THIS PROPOSAL IS PROPOSING A REZONING n /A/- v Pin yr &D The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns issues and desires. A Staff Planner will attend the meeting to discuss City policy and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of 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 hearings. 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? • 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? After attending the Neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. PRINT NAME ADDRESS PHONE WEST 1-70 N AIN VISTA f,G�M•LNITY Fl D 11 s sy-at.5TIN& -�— ,- Ill-olp G IN W q Tl-f Ave f j;; RE—SUB SFiUMIAlAY L T 5 L B o� TABOR PR l A-1 A-1 PGD AM.T. rFc I II ML� OFFIC,IAL ZONING MAP NHEAT RIDGE GOLORADO MAP ADOPTED: June 15, 1994 Last Revision: April 7, 1998 W I A-1 DAVISH lllNOR Sk.WIVISON P771 AREA REQUIRING SITE PLAN APPROVAL �/A ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE ---- HATER FEATURE * DENOTES MULTIPLE ADDRESSES PROSPxT PARK PLACE NE 20 NLRTN ,'-ALE I•�400 DEFARTHNT OF PLANNI145 AND DEVELOMPeff - 235-2851 ZONING AND PLANNING AS XIMS. ZAPA GLEN QWK AZC.P. Martin Omer, Planner City of Wheat Ridge — Planning Division 7500 W. 29 Ave. Wheat Ridge, Colorado 80033 RE: Neighborhood Meeting — Trailer Source Dear Mr. Omer: A RECEIVED JUN 1999 8684 W. WARREN DR. LAKEWOOD, COLORADO P1101VE:303- 986 -4389 PAGER: 303 - 905 -8526 FAX #: 303 - 763 -5221 June 22, 1999 Please find enclosed information pertaining to the pre - application, neighborhood meeting for expansion of Trailer Source. This information was hand delivered to all residents within 600 feet of the subject property on June 21, 1999. Please call me should you have any questions. 80227 ZONING AND PLANNING ASSOCIATES ZAPA GLENCODLEY, AICP DEAR TRAILER SOURCE NEIGHBOR: 8684 W. WARREN OR. LAKEWOOD, COLORADO 80227 PHONE: 303 - 986 -4318 PAGER: 303 - 905 -8526 FAX: 303 - 763 -5221 June 20, 1999 I have been retained by the owners of Trailer Source to assist them with zoning requirements associated with expansion of their existing business onto land which they have purchased from the Colorado Department of Transportation lying north of their existing business. This 1.3 acre parcel, excess right -of -way left over from construction of 1 -70, is currently zoned Agricultural -One (A -1). The proposal is to rezone it to Planned Commercial Development (PCD). The Blumenthal's, owners of Trailer Source, purchased this property with the intent of shifting some of the trailer display area to the north, taking advantage of both the additional space for trailer display, and the visual access to 1 -70. Since Trailer Source opened for business in 1996, their business has grown at a much faster rate than they expected. In addition to horse trailers, they sell and service utility trailers, snow mobiles and jet skis. They also sell and install trailer hitches and related accessories. Proposed development is very minimal. Most of the existing trees will be retained on the site, with additional trees and other landscaping being added to meet or exceed the City's minimum requirements. Gravel will be used in the trailer display and access drive areas, and several area lights, similar to those on the current facility, will be added. No additional street access is proposed. All drainage will be retained on site, with any excess drainage flowing to the northeast corner, where historically it has flowed into a drainage ditch along 1 -70. An additional free standing sign will be placed along the 1 -70 frontage towards the west side of the property. No impacts to the surrounding residential neighborhood are anticipated by this expansion. On behalf of the owners of Trailer Source, please join us at the existing Trailer Source shop located at 4651 Tabor St. on June 29, 1999 at 7:00 PM to further discuss this proposal. We welcome your input to our proposal, and seek your support. Sinc ely, Glen Gidley, Project Consultant City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: �ivieredith Reckert, Senior Planner SUBJECT: Trailer Source DATE: April 23, 1999 Please let this serve as a response to questions raised by Councilperson Worth regarding property located at 4651 Tabor Street. Mrs. Worth's inquiries were related to conditions of approval and allowed uses on the property. The property was rezoned from Agricultural-One to Planned Commercial Development in 1995. Pursuant to the recorded outline development plan, the property is to be used primarily for sales and service of equine related vehicles and products as specified below: - Trailer sales, including horse, flat bed and enclosed, trailer, truck and equine related accessories. Limited new truck sales (15 per year). - Service defined as follows: trailer service including repairing wiring, axles, couplers, floors and other misc. maintenance on used trailers, not including painting or body work. -Horse trailer and accessories sales and service. Limited new truck sales (not more than 25 per year). No semi and tractor sales. There was also a list of other allowed uses taken from the C -1 zone district regulations which included boat, camper and travel trailer sales and services. It is fairly typical to have an expanded list of uses in addition to the specific use approved. Apparently, Mrs. Worth has received complaints from area residents regarding the sale of boats, snow mobiles and all terrain vehicles. Based on the uses specified on the outline development plan, the boat sales are allowed but not the snow mobiles or ATV's. There is also some concern from Staff that the physical limits of the existing PCD have been exceeded.. The owner has recently purchased the parcel to the north (previously remnant CDOT right -of -way) which is zoned Agricultural -One. It is the owner's intent to rezone this additional parcel to extend the limits of their existing development plan. It looks as if the existing fence may have already been moved to encompass this additional storage area. If this is the case, the City should pursue Code Enforcement action. %NZ -99 -09 0 100 200 Fee Blumenthal/Trailer Source W E