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HomeMy WebLinkAboutWZ-98-02q PG,LC_ F61~ XOAMAArUM VAMAM!AU ZAPA 8684 W. WARREN DR. 141TWOOD, COLORADO 80227 PHONE: 303-986-4389 PA6ER. 303-505-4118 &TJVOU Y, A.I.C.P. Alan White, Director Department of Planning & Development City of Wheat Ridge 7500 W. 290 Ave. Wheat Ridge, Colorado 60215 RE: ZONING & USE VERIFICATION 11800, 11808 AND 11880 W. 44m AVE. WHEAT A106E, CO. Dear Mr. White: February 17, 1996 My clients, J. W. Brewer Tire Co. and Alexis Investment, have asked me to procure zoning and use verification for property which they own located at 11800, 11808 and 11880 W. 44"' Ave, in Wheat Ridge. n is their understanding and belief that in 1993, the front two parcels, 11800 and 11860, were rezoned to Commercial-One (C-1) and are subject to the use and development provisions of Wheat Ridge Code of Laws Section 26-22. They furthermore believe that the current uses on those two parcels, which are auto repair and service uses, are permitted uses under subsection 26.22 (B) (5), it is also their understandirg and belief that the larger rear parcel, 11608, was also rezoned to Commercial-tine (C-1), subject to a site plan and use limitation. The use limitation allows the commercial parking of recreation vehicles. They have operated a recreational vehicle parking business on this parcel since 1993, which business includes as customary practice, owner access to their vehicles to maintain and conduct minor, men-mechanical repairs on their units, and to allow them to lease or sell those vehicles from the premises. This is a customary practice with most all recreational vehicle parking businesses. My clients understand and believe that the past and current use and development of this parcel conforms to the approved limited C-1 zoning and site plan requirements. It is the owner's intent to replace the existing auto repair business operating from 11 SW W. 44°' Ave. with a camper and travel trailer sales, rental and leasing office, and to continue to park recreation vehicles upon 118178 W 44' Ave_, which is the RV parking area to the south. At some point in the future, they may remodel the old service station building, subject to building code and standard zoning requirements. It Is the owner's understanding and belief that 91800 W. 44"' Ave., being zoned straight C-1, is permitted to operate a camper and travel trailer sales, rental and leasing office pursuant to Wheat Ridge Cade of Laws Section 26-22 (B) (28) and (30). Please provide your written verification that the zoning on these three parcels is as described above, and that the current and proposed uses are permitted uses pursuant to that zoning. Should you have any clMastions, pleaWAO not hesitate to call me al 986A389- 10'd dZb=1:0 8s-81-qad 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 FAX 303/234-5924 February 9, 1998 Mr. Brewer and Mrs. Castle 11900 W. 44th Avenue The City of Wheat Ridge Wheat Ridge, CO 80033 RE: WZ-98-2.; UP-98-2: Change of zoning conditions, special use permit and variance for ~0 and 11800 West 44th Avenue Dear Mr. Brewer and Mrs. Castle: The Planning Commission has recommended that the City Council approve your proposals for a change of zoning conditions, special use permits and variance for the above noted properties subject to the attached conditions. Your request is tentatively scheduled for first reading by the City Council at 7:00 p.m. on March 23,1998. Prior to final scheduling before the City Council, publication and public notice fees must be paid to the City in the amount of $285.00 per the City's fee schedule. In order to make the scheduling deadline, payment must be made no later than March 12, 1998. Do no hesitate to contact the Planning and Development Department at 235-2846 should you have any questions. Sincerely, Barbara Delgadillo Planning Secretary /bd Attachments: List of conditions cc: WZ-98-2 SUP-98-2 d:\riles\wp\pingcom\zpprvl V\wz-98-2 APPROVED WZ-98-2, the request to change zoning conditions on the property located at 11800 West 44th Avenue for the following reasons: 1. It is compatible with the adjacent land use to the west and to the east. 2. Does not adversely impact the health, safety and welfare of adjacent properties. 3. Applicant has provided buffering with site plan exceeding the City standards. 4. Historic use of the property has been commercial in nature. 5. Neighborhood concerns had been resolved. APPROVED SUP-98-2, a request to allow special use permit to allow servicing on semi-trucks on property at 11800 W. 44th Avenue for the following reasons: 1. It will allow an existing business within the City to continue to operate. 2. It will continue to fill a void in the market. With the following conditions: 1. That a solid 10' fence with landscaping be placed along the west side of the property. 2. The recapping operation be removed from the property. 3. Delimiter line be drawn on the site plan so that no parking be allowed on the southern part of the property from the back of the new service tire building to the back of the property. 4. To direct the Public Works Department to evaluate the need for an excel/decel lane based on safety needs and traffic flow on W. 44th Avenue and Tabor Street .and to make a recommendation prior to the City Council hearings. 5. That the detention pond be brought to the front of the property to lesson the pressure on the homeowner towards the back of the property. APPROVED SUP-98-2, a request to allow a special use permit to allow tire servicing on semi- trucks on property located at 11900 West 44th Avenue for the following reasons: 1. It will allow an existing business within the City to continue to operate. 2. It will continue to fill a void in the market. With the following conditions: That the 6' high chainlink fence along the rear property line be replaced with a 6' high opaque/solid fence. That vertical landscaping be installed on the open space land in accordance with the recommendation from the Parks and Recreation Commission. APPROVED the request for variance to approve the four foot variance to the fence height and allow a 10' fence along the southern property line located at 11800 West 44th Avenue. CHANGE OF ZONING CONDITIONS I move that Case No. WZ-98-2 be forwarded to City Council with recommendation for approval. The reasons for this recommendation are as follows: 1 The prior rezoning to C-I already took into consideration the comprehensive plan issues regarding moderate density residential, and the conclusion was that the subject property, and the neighborhood, would be better served with commercial zoning and use of the subject property. That was an appropriate conclusion then, and is even more appropriate now considering other changes that have occurred in the neighborhood since that rezoning action. 2. The Rocky Mt. Fence Company property adjacent to the east, was rezoned to unlimited C-1 subsequent to the subject property rezone to limited C-1. That allows many uses which are beyond "neighborhood commercial", including the current use as a regional wood fence supply yard. This is a changed condition in the neighborhood which supports the Brewer request. 3. Medium density residential use of the subject property is not advisable as Tabor St. is a substandard dead end road which could not handle the traffic generated by 5 to 15 acres of multifamily development. 4. The proposed site plan provides substantial consideration for adjacent residential areas through site design and layout, including major buffer areas and landscaping which far exceeds minimum city standards. 5. The existing truck servicing facility causes traffic safety concerns on W. 4e Ave. that will be eliminated with the new overall design. 6. The immediate neighborhood supports the request. SPECIAL. USE PERMIT -11800 W. WH AVE. I move that Case SUP-98-2 be forwarded to City Council with recommendation for approval. In addition to the reasons stated in support of the previous motion regarding WZ-98-2, if the objectives of the applicant and the neighborhood are to be achieved, the overall site plan and use specifications and limitations must be approved through the legal vehicle of a Special Use Permit. Since this particular Special Use involves the development of a building and site amenities which are substantial in cost and specific in use, it makes logical sense to vest the proposed use and plan with the property, rather that the owner. Commissioner GOKEY noted that this condition would be difficult to police. The motion FAILED for lack of a second. The Commission was recessed at 9:53 p.m. and reconvened at 10:04 p.m. by Chair THOMPSON. B. Case No WZ-98-2/SJJP-9$-2• An application by Rodne Brewer, Brewer Tire Company requesting a change of zoning conditions on property zoned C-1 with a special use to allow for the continuation and expansion of a tire servicing facility including semi-trucks on property zoned C-1 and C-2 and with site plan approval including a 4' fence height variance located at 11800 and 11900 W. 44th Avenue. Chair THOMPSON noted for the record, that on February 22, 1992, she spoke before the City Council concerning the rezoning of this property. She stated that she has no financial interest in this case and has been appointed to represent citizens of District IV to make impartial decisions. Since there has been a span of six year since this case came before the City, she feels she is qualified to hear this case as she has been on any other case that has been before the Commission since her appoint and that she would being hearing and deciding on the issues. Meredith Reckert presented an overview of the case. The overview also included pictures and aerial photographs of the business and the surrounding area. Ms. Reckert entered into the record the Comprehensive Plan, Zoning Ordinance, Case File, Packet Materials and Exhibits. (Accepted by Chair THOMPSON.) The property is located within the City of Wheat Ridge, all proper posting and notification requirements were met and, therefore, the Commission does have jurisdiction to hear the case. Ms. Reckert noted that the request is consistent with the existing zoning on the east, but is inconsistent on the southern half of the property. Ms. Reckert reviewed the Evaluation Criteria for a rezoning, a special use permit and a variance informing that staff had concerns with semi-trucks being brought in closer to the residential area and inconsistency of the proposal with the designations of the Comprehensive Plan and Fruitdale Valley Master Plan. She discussed the problem with a zone designation of C-1 in this area because of the development intensities, provision for outdoor storage, and the adjacent residential areas to the south and east. In addition, staff would have difficulty administering one zone classification with a single use. Other options available would be R-C with a special use permit or perhaps a PCD. She noted that during the original zoning hearing in 1992 for the RV storage lot, that staff did give City Council an option to rezone to R-C with a special use permit, but that suggestions was not taken under advisement. Ms. Reckert concluded that although the change of zone conditions on the eastern property to allow unrestricted or an additional use in Commercial-One is consistent with the commercial designation on the Comprehensive Plan for the north half of the property, the proposal is inconsistent with the Comprehensive Plan for the medium density residential designation and Planning Commission Page 7 02/05/98 the designation of the interim residential land use plan on the south. Because of this inconsistency, many of the permitted C-1 uses would be incompatible with residential zoning and land use on the south and east. In addition, staff found the special use permit request for the new facility to be inconsistent with the Comprehensive Plan and the Fruitdale Valley Master Plan. Based on these findings, staff is recommending denial of WZ-98-2 and denial of the special use permit for 11800 W. 44th Avenue. Staff does support and recommend approval of the special use permit for 11900 W. 44th Avenue. Commissioner SNOW discussed how the zoning designations of C-1 and C-2 on the western parcel do not allow servicing of semi-trucks and, therefore, making the applicant's request inconsistent with the zoning code. Ms. Reckert responded that the use was legal prior to the rezoning which then allowed semi-trucks in both zones and the parking of over 3 trucks on a very limited basis under a special use permit. Commissioner SNOW questioned the restrictions on truck weight limits on 44th Avenue east of the truck stop. Bob Goebel noted that there are restrictions east of the tru ck stop limiting vehicles over 7,000 pounds. Commissioner SNOW questioned the land use designation in a C-1 or C-2 zone that no servicing of semi-trucks would be allowed. Ms. Reckert responded that the City Attorney's interpretation of the zoning designations was that it was to be cleared that as an allowed use in the C-1 zoning there could be no servicing of semi-trucks, but that it did not preclude them from applying for a special use permit. Chair THOMPSON discussed the need for decel lane along 44th Avenue entering this location. She explained her concern with children from the apartments across the street and the trucks blocking traffic as they enter and exit the location. Chair THOMPSON swore in Mr. Glen Gidley. Glen Gidley, ZAPA & Associates, applicant's representative, 8684 W. Warren Drive, Lakewood. Clarified the request of the applicant informing that the applicant is attempting to improve traffic conditions at this location. Currently, 70' semi-trucks have to back out of the property. The new building will allow the largest semi-trucks to enter and exit the property without backing up onto 44th Avenue. The applicant is requesting to replace the RV storage with a building on the C-1 zoned area which will service all size trucks not semi-trucks only. He informed that the applicant would not have a problem with designing and building a decel lane off of 44th Avenue in front of the eastern property. Mr. Gidley noted that the applicant is proposing substantially more landscaping and buffering than required by the City and has made every attempt to address all concerns of the residents and City including idling times, fences, gates, recorded easement for irrigation ditch, building height, buffering, building location, relocation of the tire recapping operation; reduction of the tire corral area, landscaping, elimination of the loudspeakers, and shielding of the yard lights. (Commissioners Snow and Rasplicka exited the meeting at 11:07 p.m. and returned at 11:10 P.M.) Planning Commission Page 8 02/05/98 Mr. Gidley mentioned two concerns of the applicant: 1) Tabor Street dedication being requested by Public Works, and 2) development impact fees being requested. He mentioned that the applicant's request is not for a rezoning and noted that this area would not be developed as residential since that would be inconsistent with the zoning. (Commissioner Theander exited the meeting at 11:39 p.m. and returned at 11:41 p.m.) Commissioner GOKEY discussed the current situation with the large semi-trucks backing out onto 44th Avenue and the size of the proposed building. Mr. Gidley responded that at the time the original building was built, the largest semi-truck was only 55'. Currently, the larger size semi-truck is 70' and unable to maneuver around the existing building. He added that the proposed building would accommodate maneuvering of the large 70' trucks and would service two trucks at one time. Commissioner BRINKMAN discussed the tire storage area and how often the tires would be transported to the new recapping center. She also discussed her concern with trucks stacking up or parking in the northeast comer. Mr. Gidley informed that the old tires would be transported to the recapping center twice a week and that trucks would not stack up and park in the south corner. He also informed that they would have an irrigation system for their property, but not for the open space area. Commissioner SNOW stated that the Comprehensive Plan shows low density on the southern portion of the area. Exhaust from the semi-trucks would not be compatible with the surrounding residential area and fencing would not mitigate the exhaust. Chair THOMPSON discussed her concerns with the lack of decel lane, exhaust system in the new building, recapping facility and why the facility could not be relocated if this application is not approved, the potential of this expanded operation to entice additional semi-trucks into the area, the truck traffic on 44th Avenue, and whether or not approval of this proposal would be incompatible with the City's laws of limiting the trucks on 44th Avenue. Upon questioning by Commissioner BRINKMAN, Mr. Gidley informed that the applicant would agree to accept a condition that trucks would not be allowed to park in the south portion of the property. Alex Brewer, President, Brewer Tire Company, 11900 W. 44th Avenue. Informed the Commission that the new service building would not increase business from their service fleet. The service fleet will still service those vehicles which are unable to come into the service center. He added that a person would be on site to let the trucks into the property at 6:00 a.m. even though the service center will open at 7:00 a.m. Upon questioning by Commissioner RASPLICKA, Ms. Reckert explained that under the current ordinance, the City does not allow land vesting with special use permits. Planning Commission Page 9 02/05/98 Chair THOMPSON requested the applicant ensure that the storage area be large enough to contain the old tires prior to their being removed. In addition, she requested that the area be fenced with adequate screening. The following people were sworn in and spoke in opposition to the application: George Isquith, 4350 Tabor Street. Diane Tipton, 4311 Tabor Street. Heinz Sills, 15745 Hwy. 35, Fort Morgan. Owner of Heinies Market. The following person was sworn in and spoke in favor of the application: Bob Rock, 4300 Tabor Street. (Commissioner Theander exited the meeting at 12:31 a.m. and returned at 12:34 a.m.) Commissioner SNOW moved that the request to change zoning conditions on property located at 11800 W. 44th Avenue be DENIED for the following reasons: 1. It is inconsistent with designations on the Comprehensive Plan and the Fruitdale Valley Master Plan and the most recent Residential Future Land Use Plan. 2. It is incompatible with adjacent land use to the south and east and open space land to the south. The motion was seconded by Commissioner BRINKMAN and failed to carry with Commissioners GOKEY, RASPLICKA, THEANDER AND WILLIAMS voting NO and Commissioner SHOCKLEY absent. Commissioner THEANDER moved to APPROVE WZ-98-2, the request to change zoning conditions on the property located at 11800 West 44th Avenue for the following reasons: 1. It is compatible with the adjacent land use to the west and to the east. 2. Does not adversely impact the health, safety and welfare of adjacent properties. 3. Applicant has provided buffering with site plan exceeding City standards. 4. Historic use of the property has been commercial in nature. 5. Neighborhood concerns had been resolved. The motion was seconded Commissioner RASPLICKA. Commissioner SNOW noted for the record that she would be voting NO due to the impact and damage to the neighborhood. Chair THOMPSON noted for the record that she would be voting NO since she has consistently been concerned with truck traffic adjacent to residential property, votes on previous applications (i.e., Richter) have been indicative of her concerns with the types of uses adjacent to residential properties. She also stated concerns with the additional noise, pollution and the additional truck traffic east of the truck stop which has been proven over again that the City has had to come up Planning Commission Page 10 02/05/98 with a plan to protect the whole Fruitdale Valley from Kipling Street to Ward Road from the additional truck traffic which is generated by the truck stop and this current request would only increase and encourage something that people in that area have fought for years. In addition, one of the major concerns of the Tabor Street people was truck traffic and she too indicated her concern to those residents of her concern with the truck traffic. Feels that this property could be used in a more compatible way for the residents. Also concerned that if this business is sold, although the Brewer's have proven to be good neighbors and business people, future owner may not. Commissioner BRINKMAN noted for the record that she would be voting NO on this application since it is inconsistent with the Comprehensive Plan and because of wording within the City Code that, "it is the intent to exclude body work or painting and to exclude any such use primarily for service repair or maintenance to truck tractors or semi-trailers." Feels that this is the least evasive use which could be at this location, but feels the use is inconsistent. The motion carried with Commissioners SNOW, BRINKMAN and Chair THOMPSON voting NO, and Commissioner SHOCKLEY absent. Commissioner WILLIAMS moved and Commissioner RASPLICKA seconded to APPROVE SUP-98-2, a request to allow special use permit to allow servicing on semi-trucks on property at 11800 W. 44th Avenue for the following reasons: 1. It will allow an existing business within the City to continue to operate. 2. It will continue to fill a void in the market. Chair THOMPSON asked that the following conditions be added to the motion: That a solid 10' fence with landscaping be placed along the west side of the property. The recapping operation be removed from the property. Commissioner BRINKMAN asked that the following condition be added to the main motion: 3. Delimiter line be drawn on the site plan so that no parking be allowed on the southern part of the property from the back (south side) of the new service tire building to the south property line. It was moved by Commissioner SNOW, seconded by Commissioner BRINKMAN and unanimously carried with Commissioner SHOCKLEY absent, to amend the main motion to direct the Public Works Department to evaluate the need for an excel/decel lane based on safety needs and traffic flow on W. 44th Avenue and Tabor Street and to make a recommendation prior to the City Council hearings. Planning Commission Page 11 02/05/98 Commissioner GOKEY asked that the following condition be added to the main motion: 4. That the detention pond be brought to the front of the property to lesson the pressure on the homeowner towards the rear of the property. All conditions by Commissioners SNOW, BRINKMAN and GOKEY were accepted by the maker and second of the main motion. Commissioner SNOW and Chair THOMPSON reiterated their reasons for voting NO. The main motion to approve SUP-98-2 along with the above stated conditions carried with Commissioners BRINKMAN, SNOW and Chair THOMPSON voting NO. Commissioner WILLIAMS moved and Commissioner THEANDER seconded to APPROVE SUP-98-2, a request to allow a special use permit to allow tire servicing on semi-trucks on property located at 11900 West 44th Avenue for the following reasons: I. It will allow an existing business within the City to continue to operate. 2. It will continue to fill a void in the market. With the following conditions: 1. That the 6' high chainlink fence along the rear property line be replaced with a 6' high opaque/solid fence. 2 That vertical landscaping be installed on the open space land in accordance with the recommendation from the Parks and Recreation Commission. Commissioner SNOW noted for the record that she would vote YES for this request since it was an existing use. Chair THOMPSON noted for the record that she would vote YES for this request since it was an existing use and it would eliminate the tire recapping operation. The motion unanimously carried with Commissioner SHOCKLEY absent. It was moved by Commissioner SNOW, seconded by Commissioner THEANDER and unanimously carried with Commissioner SHOCKLEY absent, to APPROVE the request for variance to approve the four foot variance to the fence height and allow a 10' fence along the southern property line located at 11800 West 44th Avenue. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the Public Hearings closed. Planning Commission Page 12 02/05/98 PUBLIC HEARING SPEAKERS' LIST CASE NO- WZ-98-2/SUP-98-2 DATE: February 5, 1998 REQUEST: Request by Rodney Brewer for a change of zoning conditions on property zoned C-12 with a special use permit to allow for the continuation and expansion of a tire servicing facility on property zoned C-1 and C-2 and site plan approval including a 4' fence height variance located at 11800 and 11900 N. 44th Ave. Position on Request (Please check) SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) IN FAVOR OPPOSED / G S vl 71+ i 9a 6 1Dc_ c `7 d/wp/forms/phroster.frm r- CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 5, 1998 DATE PREPARED: January 28, 1998 CASE NO. & NAME: WZ-98-2/SUP-98-2 CASE MANAGER: M. Reckert ACTION REQUESTED: Request for a change of zoning conditions on property zoned C-1, Special Use Permit and fence height variance. LOCATION OF REQUEST: 11800 and 11900 W. 44th Avenue NAME & ADDRESS OF APPLICANT(S): J.W. Brewer Tire Company 11900 W. 44th Avenue Wheat Ridge, CO NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: Rodney Brewer and Michelle Castle 11900 W. 44th Avenue Wheat Ridge, CO 6.09 Acres Commercial-One and Commercial-Two RV Storage, Office, Warehouse, Tire Service N: PCD: A-1, C-1; S: A-1; E: C-1, A-1; W: C-1, a-1. N,E: Commercial, Low Density; S: Low Density, Open Space; W: Commercial, Open Space COMPREHENSIVE PLAN FOR THE AREA: Multiple Land Use, Medium Density Residential; Fruitdale Valley Master Plan - Neighborhood Commercial, Moderate Density Residential DATE PUBLISHED: January 16, 1998 DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD- (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER January 22,1998 January 21, 1998 (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST Case Nos. WZ-98-2 and SUP-98-2 involve multiple requests on properties located at 11800 and 11900 West 44th Avenue. Both addresses (comprised of multiple parcels) are owned by J.W. Brewer Tire Company or an entity thereof. The property located at 11900 W. 44th Avenue contains the corporate offices, tire warehouse, and tire servicing operations for both regular vehicles and semi-trucks. The tire recapping business was recently moved to another facility outside of Wheat Ridge. The property located at 11800 West 44th Avenue comprised of three parcels, contains an old service station, an auto repair facility and a recreational vehicle storage lot. This property was rezoned from Restricted-Commercial and Agricultural-One to Commercial-One pursuant to Case No. WZ-92-12. See discussion under Section II. The applicant is proposing replacement of the RV lot and old service station with a 12,000 square foot building to accommodate tire servicing on semi-trucks. The auto service facility located adjacent to 44th Avenue would remain "as is." Based on the applicant's request to allow the continuation and expansion of tire service including semi-trucks, the following actions need to be taken: A change of zoning conditions on the RV lot (11800 W. 44th Avenue) and a Special Use Permit with site plan approval on 11800 W. 44th to allow expansion of the tire servicing operation for semi-trucks and tractor trailers onto this property. A Special Use Permit with site plan approval for the existing facility (11900 W. 44th Avenue) to allow the continuation of tire servicing for semi-trucks and tractor trailers. A 4' fence height variance on 11800 W. 44th Avenue Separate motions will be required for each action. Included under Exhibit `A' and `B' are a site plan for development and an explanation of the request. H. CASE HISTORY 11900 West 44th Avenue The property at 11900 West 44th Avenue was rezoned from Agricultural-One to Commercial- One and Commercial-Two per Case No. WZ-76-5. In 1982, a permit was issued for construction of a 36,000 square foot building. The C-2 zoning on the property corresponded with the area in which semi-truck tire servicing was to occur. At the time of building construction, the servicing of semi-trucks was an allowed use in the C-2 zone district. In 1984, Ordinance No. 576 was passed by City Council which prohibited the parking of major vehicles (truck tractors and semi-trailers included) unless the vehicle was in active use or being loaded or unloaded. In 1986, an ordinance was passed allowing the parking of up to three semis as an accessory use in C-1 and C-2 zone districts. The current ordinance allows as an accessory Planning Commission Page 1 WZ-98-2/SUP-98-2 use in both C-1 and C-2 zones, the parking of up to 3 truck-tractors or semi-trailers in conjunction with a restaurant, hotel or motel; but not applicable to trucks being loaded or unloaded. Listed as special uses in both C-1 and C-2 is the "parking of more than three (3) commercial truck-tractors and/or semi-trailers.... where such vehicles are not related to the transportation needs of the businesses conducted thereon". In 1994, City Council passed an ordinance relating to special uses with an amortization deadline of five years for non-conforming special uses. Therefore, the existing tire servicing facility (11900 West 44th Avenue) is currently considered a non-conforming special use. A special use permit must be granted for the property by the year 1999 or the existing tire service facility will become an illegal use and must cease. 11800 West 44th Avenue In 1993, Ordinance 921 was approved by the Wheat Ridge City Council which approved a rezoning of properties located at 11800, 11808 and 11880 West 44th Avenue from Restricted- Commercial and Agricultural-One to Commercial-One. Conditions of approval were as follows: 1. A type I site plan shall be prepared for submittal to be recorded at Jefferson County. 2. An easement to allow ingress and egress for all the parcels along the main entrance between Parcels "A' and "C" shall be prepared and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. 3. If any ditch or laterals have or will be moved, easements allowing their continued use and maintenance shall also be submitted. 4. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel `B'. 5. The landscaping shall be in accordance with the attached landscape plan or at least in accordance with Section 26-32(D)(3). 6. All curb cuts along W. 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels `A' and `C'. 7. Only recreational vehicle storage on a water-permeable surface will be allowed on Parcel `B' (largest parcel). Attached under Exhibit `C' and `D' are minutes from Planning Commission, City Council and a site plan for the property from the file for Case No. WZ-92-12. Based on condition #7 (above), prior to allowing a special use on the property at 11800 W. 44th Avenue, this land use restriction allowing only RV's must be lifted thereby requiring a zoning hearing. In regards to the application for special use, staff and the City Attorney do not feel the current request for special use fits under Section 26-22(E)(7)(a) and 26-23(E)(2)(a) but the request does qualify under Section 26-22(E)(9) and Section 26-23(E)(3): "Any other use not specifically listed in this district may be permitted as a special use..". Planning Commission Page 2 WZ-98-2/SUP-98-2 IIl. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on December 9, 1997. The following persons were in attendance: Meredith Reckert - staff Glen Gidley - applicant Greg Brewer - applicant Lex Brewer - applicant Tom Douglas - applicant Michelle Castle - applicant Robert J. Rock - 4300 Tabor Street George Van Brehm - 4305 Tabor Street Doris Meakins - 4340 Tabor Street Keith Meakins - 4340 Tabor Street Diane Tipton - 4311 Tabor Street Cathy Koeltrow - 4291 Tabor Street Michael Koeltrow - 4291 Tabor Street George Isquith - 4350 Tabor Street Margie Brown - 43 Tabor Street Ron Markow - 4180 Tabor Street Barb Markow - 4180 Tabor Street Tim Pratt - 4160 Tabor Street Rosie Pratt - 4160 Tabor Street Jerry Brown - 4430 Tabor Street The following concerns were expressed: • Whether the proposal with associated storm run-off will have an affect on wells in the area. • Whether the unscreened tire storage area behind the existing building will be eliminated. • What kind of lighting will be used on the new facility? • Will the paging system currently used remain? • What architectural materials will be used on the new building? • How high will the new building be? • What kind of buffering will be provided along the south? • Why is the new building so far south? • Will trucks be parked along the south side of the new building? • The amount of noise generated from both the existing and new facility. • Will there be access to the irrigation ditch? • Hours of operation. • Will the grade be raised with the new building? • Whether the fence along Tabor could be moved so the landscaping is on the outside (east side). Planning Commission Page 3 WZ-98-2/SUP-98-2 • Whether the applicant intends on increasing business. • Affects on the aesthetics of the Clear Creek greenbelt. • Any fuel stored on the premises? • How long will trucks be idling? The applicant has amended the site plan in several areas in an attempt to address concerns generated at the neighborhood meeting. Please refer to Exhibit `A'. Attached under Exhibit `E' are letters submitted regarding the proposal. IV. AGENCY REFERRALS Valley Water District and Arvada Fire Protection District may require a looped line running down Tabor and across the southern side of the building. An additional hydrant may be required on the southern end of the property. Jefferson County Department of Health and Environment has no objections. They have no record of existing underground storage tanks or ground contamination. Public Works will require a final drainage report prior to issuance of a building permit. They have requested a 15' right-of-way dedication for Tabor Street and will require street construction plans for the installation of curb, gutter and sidewalk along this frontage.** They will require approval of a consolidation plat which can be processed administratively. **In regard to the request for dedication, staff would note that starting 200' south of the 44th Avenue right-of-way, Tabor Street is classified as an exempt local street. Typically a street with this classification is exempt from the requirement for installation of public improvements. Since this is a commercial project, Public Works would like half width dedication and public improvements installed along the entire property frontage (513'). The applicant has requested that these requirements (dedication and installation of public improvements) be waived as it was done when Rocky Mountain Fence Company rezoned and developed property along the east side of Tabor Street. This will take specific action by City Council. The site plan submitted does not reflect the requested dedication. Due to the proximity to the City open space, the Parks and Recreation Commission expressed concern regarding noise from idling trucks, architectural materials to be used on the new building and buffering along the south side of the existing building and west side of the new facility. Please refer to a draft of their minutes included under Exhibit `F'. V. REZONING CRITERIA The original zoning approval on the eastern property (11800 W. 44th) limited use of Parcel B to recreational vehicle storage. There were no use limitations on the two properties along West 44th Avenue. In order for the tire service facility to be allowed, the condition on the rear parcel needs to be changed. This could be done in either of two ways: 1.) Remove the restriction of RV Planning Commission Page 4 WZ-98-2/SUP-98-2 storage and allow all C-1 uses or 2.) Remove the restriction of RV storage and allow one new use (tire servicing). From a staff perspective, not all C-1 uses are appropriate at this location considering adjacent residential properties to the south and east. However, a zone classification restricted to a single use is hard to administer. In the original zoning hearing (Case No. WZ-92- 12), staff had given City Council the option to rezone to R-C with a special use permit for the RV storage. Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan future land use map designates the property as multiple use on the north half and medium density residential on the south. Multiple use is defined as "a mix of residential, office and/or retail commercial uses, and parks and open space, and public/semi-public uses, to be developed adjacent uses, especially where adjacent to low density residential uses. Industrial uses are specifically prohibited." The Fruitdale Valley Master Plan designates the property as neighborhood commercial on the north and moderate density residential on the south. In the 1992 staff report, staff supported the rezoning to allow the RV storage lot as they felt it could fill a neighborhood need. This need was exacerbated by the fact that the City was considering an ordinance prohibiting RV's parking on-street. The type of businesses allowed in unrestricted C-1 zoning serve more than just the immediate neighborhood. Pursuant to Section 26-22(A) Commercial-One. Intent and Purpose: "This district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. This district is supported by the community or entire region." If the underlying zoning conditions must change, staff recommends it be done to allow a single new use (tire servicing). In the Fruitdale Valley Master Plan, the following problems and policy recommendations are identified: Land i Jse: Problem: "There has been a problem with undesirable or incompatible uses..." Policy recommendations: 1. "Incompatible and undesirable uses should be excluded. This includes activities such as industrial or commercial uses which involve handling and transporting of dangerous materials, outside storage or storage of bulk materials." 2. "Low intensity or residential uses need to be protected from incompatible uses." Property Value: Problem: "..deterioration of our residential areas by encroachment of commercial areas" Planning Commission Page 5 WZ-98-2/SUP-98-2 Policy recommendation: "promote adjacent uses which are of graduated intensity" An argument in support of unrestricted C-1 is that conditions may have changed in the area. There was a rezoning to C-1 approved after WZ-92-12 on property to the east (Rocky Mountain Fence Company). However, this property (WZ-93-2) was 260' deep versus over 500' deep on the Brewer Tire property. The argument for changed conditions may be appropriate for the north half. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Zoning and land use surrounding the property include A-1 zoning with low density residential land use to the south. To the east is property zoned C-1 utilized as a fence company and low density residential land use zoned Agricultural-One. Abutting the property to the west is the existing J.W. Brewer facility with C-1 and C-2 zoning and A-1 zoned, Coors-owned property leased to the City as open space. Unrestricted C-1 zoning would be appropriate on the northern 300', but not the southern portion where the property is adjacent to existing homes and open space. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will be economic benefits as a very successful business in the city will be able to expand. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can provide service to the property at the developer's expense which could be substantial. 5. 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. The proposed zoning could have a negative affect on public health, safety and welfare if open-ended C-1 zoning is allowed. Many of the allowed C-1 uses are not appropriate next to residential development. The goal of the zone change and special use approval is to provide an enclosed work area where the work on semis will be done, as opposed to being done outside at the existing facility. However, it will be bringing the semis closer to this adjacent residential neighborhood. Planning Commission Page 6 WZ-98-2/SUP-98-2 6. That the property cannot reasonably be developed under the existing zoning conditions. Because of the local exempt status on Tabor Street, access to the southern portion of the site must come from 44th Avenue. This forces the entire property to be a single, integrated development. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. With adjacent commercial land use and zoning, the approval of the proposal would not create spot zoning . 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There are numerous tire servicing facilities in Wheat Ridge but only the existing Brewer facilities does tire changes on semi-trucks and tractor-trailers. VI. SPECIAL USE/SITE PLAN /VARIANCE The Comprehensive Plan requires any rezoning application for an area designated as Multiple Use submit a site plan for review. Within multiple use areas, Planning Commission and City Council have the ability to limit uses and to require additional design or development standards to achieve the stated compatibility objectives. A special use request also requires site plan review. The applicant has submitted a site plan meeting both objectives (Exhibit `B'). The site plan has combined the existing facility and the expansion into one development plan. No changes are being proposed to the existing facility other than joint access to 44th Avenue and cross-access at the rear of the property with the new lot. No changes are proposed to the existing auto repair facility. The old service station will be demolished and incorporated as landscaping and a semi-staging area. Access to the new lot is by way of the existing curb cut to the RV lot on 44th Avenue. The radius on the western side of this curb-cut has been increased to allow negotiation by semis entering the property. Once trucks enter the new property, they will proceed into the north side of the building for servicing. If the bays are full, then trucks will park at the northeast corner of the new property to wait their turn. When servicing is completed, they will exit the south side of the building and exit via the eastern curb cut on the main facility's property. Cross access easements to allow movement between the two properties will be reserved when the consolidation plat is reviewed and recorded. No access is proposed to Tabor Street. Planning Commission Page 7 WZ-98-2/SUP-98-2 Landscaping and buffering on the new lot exceed the City's standards for commercial development. A large buffer area varying from 10' to 60' in width has been provided along the southern property line of the new lot. As a result of negotiations with the neighbors, the applicant has agreed to provide a 10' high fence along this common property line. A specific variance will be required to allow a fence this tall. Ditch access will be provided by agate at the very southeastern corner of the property. Buffering for the City's open space will be a C high solid fence along the western boundary of the new lot. A 6' high chain link fence separates the rear of existing building from the City's open space to the south. Staff recommends buffering be increased by the use of solid fencing and vertical landscaping. A 5' strip of landscaping is currently in place along Tabor Street, however, it is located inside of the existing 6' high solid fence. Pursuant to a request at the neighborhood meeting, the applicant has agreed to move the fence so that the landscaping is located on the outside of the fence. If the a right-of-way dedication and installation of public improvements are required, the existing landscaping will have to be replaced. Overall, landscaped coverage on the development plan is 15%. Additional concessions made at the neighborhood meeting include the following: -Maximum building height was reduced from 35' to 24' -A limitation that trucks on the property idle no longer than 5 minutes -Tire corral was moved north away from the residential properties These items have been incorporated as notes on the site plan The architectural materials used on the new facility will be consistent with those on the existing building (aggregate finish). SPECIAL USE PERMIT CRITERIA Staff has the following comments regarding the criteria used to evaluate a special use permit: 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Approval of the special use permit will allow an existing business in the city to continue and expand. There are many tire servicing facilities in the City of Wheat Ridge but no other facility that services semis. If the special use permit is not approved, the business could remain, but could not do tire servicing on this type of vehicle. 2. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. Planning Commission Page 8 WZ-98-2/SUP-98-2 Although the applicant has done an admirable job addressing concerns of the neighborhood, there could still be a negative impact because the semis will be closer to the adjacent residential properties. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. Other than views from the City's open space of unscreened tire servicing and storage, there are no issues of blight with the existing facility. The existing RV storage lot is currently unsightly with inadequate buffering for the adjacent residential uses. Development of this property with buffering proposed along the south should have a positive impact on the aesthetics of the neighborhood. Use of this property for servicing semi-trucks and tractor-trailers will have a negative impact. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Drainage on the site will have to be addressed by a drainage report prior to issuance of a building permit. The applicant has submitted a letter from a registered professional engineer addressing impact relative to storm water drainage (see last page of Exhibit `A'). There should be minimal affect on light and air as there will be no buildings on the southern 100' of the property. There could be air and noise pollution generated by the trucks waiting to be serviced. The applicant has attempted mitigation by limiting idling time to five minutes and increased buffering along the south property line. 5. Is consistent with the Comprehensive Plan. Staff has concluded that the proposal is inconsistent with the designations of the Comprehensive Plan and Fruitdale Valley Master plan, particularly for the south half of the property. Staff would note that there are changed conditions in the area which support commercial development on the front portion and that due to access constraints, the property must be developed as a single unified project. 6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The new facility has been designed so that there will be minimal traffic congestion or hazards on-site. Since business will increase with the new facility, there may be some affects on the nature and type of traffic on 44th Avenue. The applicant consulted with the Public Works Department during the design phase and took their recommendations for access as proposed to the property. Since no access is proposed to Tabor Street, there should be no negative effects on traffic there. Planning Commission Page 9 WZ-98-2/SUP-98-2 Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The applicant has attempted to create a design which is compatible with the adjacent land uses. If the special use is approved, staff would recommend screening be increased on the west side of the new facility and the south side of the existing facility by the use of opaque fencing and vertical landscaping installed on the Coors property. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utilities can service the property at the developer's expense. There will be no effect on parks or schools. The applicant has requested that the Special Use Permit be vested with the land rather than the property or business owner. Our current ordinance does not allow land vestment. Staff recently approached Planning Commission with a zoning ordinance amendment to allow vesting with the land or the business owner. Planning Commission continued the matter with staff directed to come back with more information. VARIANCE, CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the change in zoning conditions and special use permit are approved, the property could still be utilized for semi truck tire servicing without the fence height variance. The impact to the neighboring residential properties will be much greater if the variance is not approved. 2. Is the plight of the owner due to unique circumstances? Circumstances are unique in that the neighborhood has requested the higher fence. The applicant has agreed to construction of the higher fence if the City allows the variance. 3. If the variation were granted, would it alter the essential character of the locality? To staff's knowledge, there are no other fence height variances in the immediate area. If the proposal is approved for use, there would be more of an impact if the higher fence were not allowed. Planning Commission Page 10 WZ-98-2/SUP-98-2 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? If the variance were not approved, there would be a hardship on the area residents. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? If the variance is approved, it could set a precedent for similar requests, although the results may not be the same. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property The purpose of the variance is not economically motivated. It is being requested in the interest of the neighborhood. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The variance is being requested in the interest of the neighborhood. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Granting of the variance would not be detrimental or injurious to the other properties in the neighborhood. Construction of a higher fence will provide buffering from an adjacent commercial use. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The higher fence may result in a small decrease in the amount of light and air to the properties directly adjacent. The benefits of the higher fence should outweigh this reduction. There will be no increase in fire danger or endangerment to public safety. 10. If it is found in criteria 8 and 9 above that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then would the granting of Planning Commission Page 11 WZ-98-2/SUP-98-2 the variance result in a benefit or contribution to the neighborhood or the community as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? Approval of the fence height variance would result in a benefit to the neighborhood. It would not result in an accommodation of a person with disabilities. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that approval of a change of zone conditions on the eastern property to allow unrestricted or an additional use in Commercial-One is consistent with the commercial designation on the Comprehensive plan for the north half of the property but not the medium density residential designation on the south. Many of the permitted C-1 uses would be incompatible with residential zoning and land use on the south and east. From an administrative perspective, staff is uncomfortable supporting the C-1 zoning with only one use allowed. There are alternatives available such as R-C zoning with a special use permit or a planned commercial development zoning. In regard to the special use permit to allow tire servicing on semi-trucks and tractor- trailers, staff has concluded that it is required to allow an existing, successful business within the City to remain in operation and to expand. Staff further concludes that there is a void in the market that the special use would continue to fulfill. The site plan submitted has taken into consideration many concerns raised by the neighborhood, but there is still the issue of compatibility of adjacent land uses and the new facility. Staff has concluded that the a special use permit for the new facility would be inconsistent with the Comprehensive Plan and the Fruitdale Valley Master Plan. Based on the findings stated above, staff gives a recommendation of DENIAL for Case No. WZ- 98-2. Staff also gives a recommendation of denial for the special use permit for 11800 W. 44th Avenue. Staff supports approval of the special use permit for the existing facility at 11900 W. 44th Avenue with the following conditions: 1. That the C high chainlink fence along the rear property line be replaced with a 6' high opaque fence. 2. That vertical landscaping be installed on the open space land in accordance with the recommendation from the Parks and Recreation Commission. If the special use permit request for 11800 W. 44th Avenue is approved, staff recommends approval of the 4' fence high variance. Planning Commission Page 12 WZ-98-2/SUP-98-2 VII. RECOMMENDED MOTIONS CHANGE OF ZONING CONDITIONS Option A: "I move that Case No. WZ-98-2, a request to change zoning conditions on property located at 11800 W. 44th Avenue, be DENIED for the following reasons: 1. It is inconsistent with designations on the Comprehensive Plan and the Fruitdale Valley master plan, 2. It is incompatible with adjacent land use to the south and east." Option B: "I move that Case No. WZ-98-2, a request to change zoning conditions on property located at 11800 W. 44th Avenue, be APPROVED for the following reasons: 1. 2. 3." Option A: "I move that Case No. SUP-98-2, a request to allow a special use permit to allow tire servicing on semis on property located at 11800 W. 44th Avenue, be DENIED for the following reasons: 1. It is inconsistent with designation on the Comprehensive Plan and the Fruitdale Valley Master Plan., 2. It is incompatible with adjacent land use to the south and east." Option B: "I move that Case No. SUP-98-2, a request to allows a special use permit to allow tire servicing on semis on property locate at 11800 W. 44th Avenue, be APPROVED for the following reasons: 1. 2. 3." Option A "I move that Case No. SUP-98-2, a request to allow a special use permit to allow tire servicing on semis on property located at 11900 West 44th Avenue be APPROVED for the following reasons: 1. It will allow an existing business within the City to continue to operate., 2. It will continue to fill a void in the market. Planning Commission Page 13 WZ-98-2/SUP-98-2 With the following conditions: 1. That the 6' high chainlink fence along the rear property line be replaced with a 6' high opaque fence. 2. That vertical landscaping be installed on the open space land in accordance with the recommendation from the Parks and Recreation Commission. Option B: "I move that Case No. SUP-98-2, a request to allow a special use permit to allow tire servicing on semis on property located at 11900 West 44th Avenue be DENIED for the following reasons: 1. 2. 3." Planning Commission Page 14 WZ-98-2/SUP-98-2 Ip 10 x 1 -ce. s Yn i A-1 C) a FEE ERTIES „ Y•~ yS m 4 1 A- I it ~ ~ r'~i e w s6Tn n~ tm-J--, 1ND VEi2 L wz-~so-i ~A} A- 1 WZ 2f PGD STORA5E AM T VR-0}I6 . . T 1 DEVELORffif GGRP ° _ ^ R_G _ w nv8 R ~ 8 r _ _SHUMWAY ry rrwsaecT L RE-SUB PARK P'.AGE 2 THE PGL Z 2 ` M g N B/ JSo a 5 9 - - - - wz-be-I ~ a ~ SUB W 41ND AVB W 9 J ; A- 11, 1 , - SHUMWAY A r AC > > 14 RESUB I W p5A . I I, H.' Q1 ly - F ~1 rl: oN w ! A_2 r•, I rl - A_ I 'ELI' A-2 ~ VI ~N Intermountain West's Largest Independent Tire Dealer J.W. BREWER TIRE CO, INC. 11900 W. 44th Avenue ® Wheat Ridge, Colorado 80033 (303) 422-2300 • Fax (303) 424-8714 J.W. BREWER TIRE COMPANY EXPANSION PROPOSAL 11800 - 11900 W. 44th Ave. Wheat Ridge, Colorado A. SUMMARY OF PROPOSAL J.W. BREWER TIRE COMPANY has made application to the City of Wheat Ridge for approval to develop and use property adjacent to it's current operations, located at 11900 W. 44" Ave. According to City officials, this requires approval of an amendment to the existing zoning (C-1) conditions for the eastern 3 parcels, and approval of a Special Use Permit for all 4 parcels. If approved, a new 12,000 square foot building and appurtenant site amenities will be developed as a support facility to the current operations. The new building will house the truck tire service function of the business at this location. Since 1983, truck tire service has been accommodated at the current facility at 11900, however due to the site and building layout, many trucks are serviced outside of the building, within the drive aisle. The current average number of semi- trucks which are serviced daily is 8-12. We expect that this volume will increase to 16-24 with the new facility. This new facility will allow for all tire service to be accomplished within a building, hence improving service to our customers and working conditions for our employees, and diminishing the negative visual and noise impacts of outdoor tire service for our neighborhood. B. SM PLAN As required by the City, a Site Plan together with proposed development standards and site data has been provided. That site plan provides a development scenario which provides a highly functional and efficient office and service facility for the owner, which has been reviewed and approved the neighborhood (see neat section), and which conforms with the City of Wheat Ridge - Zoning and Development Code for development within the Commercial-One(C-1) zone district, which is the current zone classification for the property. The site currently includes 4 parcels which includes the existing JWB facility at 11900 W. 44`" Ave., the Recreational Vehicle storage lot (which is where the new building is planned for construction), existing auto repair business (which will continue to be operated, with minor revisions to the site), and the old service station at the corner of Tabor and W. 44" (which is planned to be removed and become the new entrance, a large landscaped area, and fenced-in parking to support the new building). Please review the Site Plan for details. C. NEIGHBORHOOD RESPONSE We hosted a neighborhood meeting, as required by the City on December 9, 1997, at which we presented our proposals to the neighbors in attendance. We described our plans, shared the site plan proposed, and fistened to their concerns. At the conclusion of the meeting, we and the neighbors came to agreement on specific issues which needed to be addressed. Those issues and our response to them are as follows: With locations serving: Colorado, Wyoming, South Dakota, Nevada, New Mexico, and Utah C,X #41 f31or `~I 1. BUILDING HEIGHT: The site plan for the new building specified that a building up to 35 feet in height could be built, however the building proposed would not exceed 24 feet in height. The C-1 zoning regulations, however allow buildings up to 50 feet high. Based upon the neighbor's concern regarding a potentially higher building, we have revised the plan to specify that the new building will not exceed 24 feet in height. 2. BUILDING LOCATION: The building envelop for the proposed building is shown approximately 90 feet from Tabor St. and 125 feet from the south boundary. One neighbor desired the building be moved further west on the site. After full discussion it was determined by all, and accepted by the concerned neighbor, that if the building did not exceed 24 feet in height, the shown location would be acceptable. As indicated above, we are limiting the building height to 24 feet, therefore the building envelop has not been revised. 3. FENCING: A. The fence along Tabor St., which currently exists, is too close to the street and hides the existing and proposed landscaping. Based upon their concern regarding this, we have revised the site plan, and will develop the site with a new fence set back into the property so that the landscaping is on the Tabor St. side of the fence. B. Subsequent to the neighborhood meeting, an owner to the south, Mr. VonBrehm, contacted us to ask if we would be willing to construct a 10 foot high solid fence along the south side of our property to provide a greater buffer for him, instead of the trees which we agreed to at the meeting. We are willing to construct a 10 foot high solid fence along the south border inleu of the extra trees and additional landscape buffer, if the City will allow the taller fence. Our understanding is that their is a 6 foot height limit on fences, however if the City allows it, we will build it. 4. TRUCK IDLEING: Since diesel trucks will visit the proposed facility regularly, they were concerned that diesel trucks will idle for long periods, thus adding to the already poor air quality of this vicinity. Based upon their concern, we have revised the site plan to specify that a sign will be placed upon the new building on the north entrance which will require that diesel trucks be shut down after 5 minutes. Our on-site personnel will enforce this rule vigorously. 5. IRRIGATION DITCH: The existing under ground irrigation ditch which crosses the property was not shown in the proper location and needs to be accessible for maintenance by water rights owners. Additionally, a specific easement for the ditch needs to be granted. We have revised the proposed site plan to show the ditch in its approximate location along the southern border, have shown a new secured access gate on Tabor St., and will execute and record an easement for the ditch upon approval of the proposed site plan and use permits by the city. 6. ODORS FROM EXISTING RECAPPING OPERATIONS: Since opening the existing J.W. Brewer Tire Co. operation at this location in 1983, the recapping operation has caused an unpleasant odor in the neighborhood. Upon approval of this application by the city, we will relocate the tire recapping operation to another facility outside of Wheat Ridge, and will not recap tires at the existing or the proposed new facility. 7 TIRE CORRAL: The existing fire corral is unsightly because used tires are stacked outside of it. Also, the proposed new tire corral is located too close to the residence to the south. Since we are committed to relocating our recapping operations from this site, the number of used tires stored on the site will be substantially reduced, therefor they will fit within the enclosure. Secondly, we have revised the site plan to move the proposed new tire corral northward, away from the residence to the south. 8. LANDSCAPE BUFFER ALONG SOUTH BORDER: The proposed landscape area along the south boundary is adequate in width, but does not provide enough dense trees to buffer the proposed new facility from the residence to the south. Based upon this concern, the plan has been revised to show a dense row of large evergreen trees to be planted within the proposed landscape area along the south boundary. As indicated in #3 above, Mr. VonBrehm has requested a taller fence inleu of the additional trees and additional landscape buffer width, which we a willing to do if the City allows the taller fence. 9. LOUDSPEAKERS: The neighbors don't want loudspeakers to be allowed on the new facility. We have revised the plan to specifically exelude Igpdspeakers. 10. YARD LIGHTS: They don't want yard lights that will shine into their yards from our property. We have specified upon the plan that we will follow City of Wheat Ridge lighting requirements, and are committed to shielding our lights, whether within the yard area or upon the building, so that they will not cause glare or undesirable light problems for the neighborhood. We believe that we have addressed all concerns expressed our neighbors and we thank them for helping us design a plan that will meet all of our needs! D. AGENCY REVIEWS We have reviewed the responses from the Arvada Fire Department and Valley Water District and believe that we will have no problems meeting their needs and requirements. In regards to the response from the City's Public Works-Engineering Division, we have the follow responses: 1. A final drainage report and plan will be prepared and submitted with the building permit if the City approves this zoning application. We have had Gillan Engineering conduct a preliminary drainage investigation and prepare a Conceptual Drainage letter for the City, which is attached. 2. The City's Engineering division has requested 15 feet of right-of-way for Tabor St. However, the City chose not to require a similar dedication from our neighbor to the east, Rocky Mt. Fence Company, several years ago when they proposed rezoning and development of their property. We are aware that City staff had recommended the dedication for Tabor St, from their property, however because the neighbors to the south on Tabor St. did not want Tabor St. widened, and because Tabor St. is a designated "EXEMPT LOCAL STREET", the City Council did not require the dedication and street widening. We believe that we should be treated equally, especially since our development plan shows no access from Tabor St., therefor there will be no impact created by our development and use. 3. Once again, this is unequal treatment of us, as the City did not require the same of the owner to the east. 4. An overall site excavation/fill plan and permit will be submitted with building plans, if this application is approved. 5. If required, acceptable guarantee will be submitted. 6. Appropriate plat consolidation documents will be prepared and submitted to the City for approval and recording, if this application is approved. Not all four lots will be consolidated into one, however private access easements will be created upon all four lots. This is an administrative process which does not require Planning Commission or City Council review. E. CONCLUSION We believe that we have a reasonable plan for use and development of our property, which plan meets the approval of our neighbors, and which complies with all requirements of the City Zoning Codes. Furthermore, we conclude that the proposed use and development is in conformance with the City's Comprehensive Plan for this area. We believe that the long term traffic impact of an additional 8-12 semi- trucks per day to this site is not a significant impact to the City or neighborhpod. for these reasons, we request approval of our zoning application, inclij+gS a sqp rl le rgrq~est to show a variance for a 10 foot high fence along the south property line. M HoGIrIGD INGRESS/eGa G5S GLDSE GU2B GUTS WIDEN CURB GVT S IN GREASE WGST 4 LAND5GAf6ISLANp AND LANDSCAPE SIDE. RADIUS To MANDL-r- SLMI'TRUCI~S $NTRANGE. ONLY TOR SGMI- TRUCKS W. 44TH AVE. • f RELOGATD T.W.5. SIGN J, ~ T • ` C~ . , J.W. BREWER TIRE COMPANY I I I OI hI 1 I 1 I 1 SITE DATA: I :LGU21Ty fry GATE TOTAL LAND AREA: 6.09 ACRES 11900 W. 44TH AVE: 2.39 ACRES 11200 W. 44TH AVE: 3.20 ACRES BUILDING COVERAGE: FENYB.D - 36,920 S.F. (EXISTING M .B.) 3,000 S.F. (AUTO REPAIR BUILDING) !7TOP.PEIfo 12,000 S.F. (PROPOSED) BUILDING HEIGHT: - 24' MAXIMUM FOR PROPOSED BUILDING LANDSCAPE COVERAGE: 11900 W. 44TH = 13.1% (EXISTING) 11200 W. 44TH =I5%(PROPOSED) EXPANSION CONCEPT PLAN 11800 & 11900 W. 44TH AVE. WHEAT RIDGE CO AUTO REPAIR oft IMP Z NEW OI Zl Tl` LANDSCAPE 5eLURITy GATeS GLOE:D OFT HOUR: NEW Ferv46 E%I',TINCI FENCE PARKING A2EA 1 ~A NE,./ LAND SHAPE buFF€K ANP.EA ~ ALL AIEAe nor fOAED er enucTwEe OR LYOeClrNG 1uu OE rAxo. 1. 4~ Dp1NAfi .TILL GE COLLECTEp AND MTANED ON SITE. T TED Ae WE 11 E BT LAW, AND COlKYCD INTO MAT "TA AY STOwt ll I A,TOwn DNASMf! IR'+IR ..,.LL IM YCNIT = AT THE Q NLONG rue+T ArrLIDATY.~I e. CvTNDE LIWTM W rx SO.A, TO MNMITE LY M GLAZE MM OAST ONTO NYiKf W M eTENDeTruL rworoErYa ALL LATO,GAr,IG uIALL MEET CRY L AN i IEI+ILATIONS YID FEOY/EI'ENTS _ 6. llo O YD C TQ rYKNf STN W OE STI p- aTe s rpTeD Aw wll.e ®+cw® Twr IEa11ee ,EW -TwIIX, MALI Nrn uxs N eNCEM Q , 1. W ExrEFIOR, IAra.DaCETENT SYSTEM P IT IM FUWOSE AND LATENT: THIe ORE rLAN b e ITTI D to THE CITY of W T RIDIf N ACCOI®A WTH w TS-e N rA lR w+eD wILL+eNT a ATLIDATILN IEaIIIQ Tb N A e CU.L 11M r 17. TM rwas 16 rifTEliCaAl . oNE rc-U, AND eECAU,e GOf1l 11F E *TNG IYE Q Ileee PEST "N AVETYIE AND THE TwPLALE A ft NTH AIENE NNLLVEe TIIE MLES YD ,EINICE W L T G NCLIIDMG QED WE Q TwF NTC~r "O Ym reuaL ueE eo.11-TT Ya • erecuL Yew+RIe . R u "T t•EwnT AR'M.ED er TC CITY O Y1EAy 1®fi.IECE A KJTED IEfJR d TIM /}D'ERfT, W YCH CYi LIE Tiltmowf.Ep TO MISS cTUSr► UN VE~GI,o4NG IFtF'4ATIDN PIPE - NO CAm q.•s Ff-cCosED 0 51 WIDE LANDS GAPE 5u"f-- I 11 1 C"TE, Fc-E IFtzlc4ATI~ Cam. ~ccFS. ~ J I ZONING AND PLANNING ASSOCIATES 8684 W. WARREN DRIVE LAKEWOOD CO 80227 o' n' so' ro, yo1 NO TH SCALE: 1"=30' „ii~CN I LIT e~<" 1 EIJTRANGE. SN7RANGE December 30, 1997 Zoning and Planning Associates 8684 W. Warren Dr. Lakewood, CO 80227 Attention: Mr. Glen Gidley Re: J.W. Brewer Property Development: Conceptual Drainage Dear Glen: On December 22, we visited the J.W. Brewer Property at the southwest comer of West 44th Avenue and Tabor Street. The purpose of our visit was to determine the feasibility of stormwater detention on-site under proposed conditions. The site is proposed to be developed into a new Tire Service building of approximately 12,000 s.f. with parking, paved drives and landscaping areas. The proposed development will be incorporated into the existing J.W. Brewer site to the west (as referenced in your Concept Plan). A drainage study and the related improvements will be necessary for all new development. The site is currently used for camper, boat and RV storage. Ground cover is primarily recycled asphalt, which provides a fairly pervious site allowing site runoff to infiltrate into the sandy soil below. The site is located approximately 1,000' feet north and upstream from Clear Creek. In general the existing site drains to the southeast corner of the property where a "retention pond" was constructed. It is unclear as to whether this pond was actually "designed" as no drainage study was available to review. There is a body of water located to the southwest of the property that is owned by Coors. This area is very sensitive to runoff and should be avoided where ever possible. As proposed, site drainage will be detained on-site and treated as required per the latest version of the City of Wheatridge Drainage Criteria Manual Standards and Specifications. A Drainage Study and Plan will be necessary in order to complete the development process. A topography survey will also be necessary prior to any design work. We anticipate that a detention pond would be constructed somewhere along the east property. This pond would then discharge to the storm sewer located in the 44th Avenue right-of-way. We also anticipate needing to import fill to facilitate the proposed drainage improvements. This should be kept to a minimum in order to minimize cost and the potential visual impact to the surrounding community. Landscaping and fencing should also be used to minimize potential visual impacts. We look forward to beginning and completing the next phases of the design. Should you have any questions please feel free to call us at 426-1731. Sincerely, Gillans Incorporated Samuel B. Sours, P.E. Project Manager enclosure h:\gillans\landdev\1997\89736300\jw brewer - drainage concept.doc A R C H I T E C T U R E - E N G I N E E R I N G S U R V E Y I N G GILLANS INCORPORATED, 8471 Turnpike Drive, Suite 200, Westminster, CO 80030, 13031 426-1 73 1 Branch Office: 124 Main Street, Suite 211, Dillon, CO 80435, (9701262-6795 Planning Commission Minutes December 17, 1992 Page 6 Commissioner JOHNSON asked if problems exist with the property regarding sewer line installation or requirements for same. Mr. Diede stated that he knew of no problems existing with the installation of sewer. Commissioner CERVENY moved that Case No. MS-92-1, an application by Roger Knight (represented by Mr. Diede through Power of Attorney) for approval of a four-lot minor subdivision for property located at 3370 Simms Street, be Approved for the following reasons: 1. The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 2. The proposed subdivision exceeds the minimum standards for the R-1 zone; and 3. All requirements of the Subdivision Regulations have been met; With the following conditions: 1. The problem with the legal description be corrected; 2. No fill, grading or improvements occur on Lots 1 and 2 until a Special Exception permit is approved; 3. The $75 per additional lot created (3) be assessed in lieu of parkland dedication; 4. A note be added to the subdivision plat, prior to recording, that Lot 2 shall not receive a-building permit unless a water tap has been obtained; 5. A copy of the Power of Attorney naming Mr. Diede be provided to the City of Wheat Ridge to become a part of the record. Commissioner QUALTERI seconded the motion. Motion carried 6-0. C. Case No. WZ-92-12: An application by Alexis Investments Corporation for approval of a rezone from Agricultural-One, Restricted-Commercial and Commercial- One to Commercial-One and for site plan approval within the Fruitdale Valley Master Plan. The property is S~'F located at 11800 and 11808 West 44th Avenue. Commissioner JOHNSON stated that the site of the next case borders his property and acknowledged he was acquainted with the applicant in this case, however, he felt he could-make an unbiased decision. E)01 15 for Planning Commission Minutes December 17, 1992 Page 7 Mr. Moberg presented the staff report. Entered and accepted into the record by the Chairman were the Comprehensive Plan, Zoning Ordinance, case file, packet materials, slides and exhibits. He noted that a fence had been installed by the applicant along Tabor Street following preparation of the staff report. Commissioner QUALTERI inquired if the applicant, should the property be rezoned, park large commercial vehicles, such as semi trucks. Mr. Moberg answered no. He added that staff recommended that the site plan indicate the site be utilized as a storage lot for recreational vehicles only. Any deviation from that usage would require applicant coming back to Planning Commission for re- approval. A concern exists that the property could be utilized as a staging lot for buses going to Central City. Mr. Gidley explained that the parking of large trucks is not a permitted use in the C-1 district. A Special Use Permit is required for parking more than three semi-trucks or trailers in the C-1 zone district. Michele Brewer, 3333 East Bayaud Ave., #205, was sworn in. Ms. Brewer stated the site had been cleaned up significantly. Two houses had been removed from the property and grading had been done. She reiterated this was an interim use for the property. A 10-foot landscaped buffer currently exists in front of Johnny's Auto Body and Brewer Tire. They are willing to add grass and a couple trees in front of parcel A along W. 44th Ave. In order to comply with landscaping regulations, she was willing to install sod and trees between parcels C and B. However, she preferred not to further landscape inside the fenced area. She felt the neighbors were pleased with the new-installed fence. Commissioner RASPLICKA asked how the fence would be completed. Ms. Brewer stated the fence would be brick pillars with wood. Commissioner RASPLICKA asked if the "tire farm" would be removed. Ms. Brewer stated ideally, yes, it would be removed. Ms. Brewer stated she had a problem with one of the stated conditions. She wanted to note that a chain link fence would be installed along the north side. Ms. Brewer did not feel that it was necessary to remove the excess curb cuts on West 44th Avenue. She thought the curb cut into parcel C was necessary so long as the body shop was doing business. Janice Thompson, 12290 West 42nd Avenue, was sworn in. Ms. Thompson had concerns about the type of development coming into her neighborhood. Some of the issues she mentioned were lack of Planning Commission Minutes Page 8 December 17, 1992 screening and landscaping, neighborhood need, and that the change of zoning to C-1 did not conform to the Fruitdale Master Plan. Ms. Thompson felt the C-1 zoning did not belong adjacent to a residential area. Should the zoning be changed, she wondered what other uses would be allowed. Mr. Gidley noted that any use allowed in C-1/C-2 zone districts would be allowed. He elaborated to say that the storage of tires was not a permitted use and that staff's recommendation was a solid fence, not a chain link fence behind the buildings facing West 44th Avenue. Mr. Gidley felt the development may meet a need in the community, since Council has directed staff to prepare an amendment to the Zoning Ordinance prohibiting parking recreational vehicles in public rights-of-way. Ms. Thompson asked if Industrial-zoned property to the north would be better suited to this development. She did not feel this development compatible with the Comprehensive Plan or the Fruitdale Master Plan. Ms. Thompson suggested a Special Use Permit be issued on a temporary basis, rather than changing the zoning, until the applicant has a definite long-term plan for the parcel. Mr. Gidley went to the overhead projector and illustrated various concepts with screening/fencing and landscaping. Mr. Moberg reiterated that even if the property is rezoned C-1, the site plan and rezoning ordinance will note this as the only use allowed on the site. Should any other use be requested, it must come again before Commission for site plan approval and use approval by ordinance. Commissioner QUALTERI asked if the City would require that the entire area be-surfaced with asphalt. Mr. Moberg stated the City will not require hard surface on the entire parcel. Recycled asphalt may be used, but water must be able to percolate on site. The drive is already asphalt. Chairman LANGDON noted that regarding Ms. Thompson's comment about community need, the RV park on Kipling and I-70 is consistently full. Ms. Thompson felt that the Industrial zone could best meet that need. She doubted that C-1 zoning in a residential area meets the intent of the Fruitdale Master Plan. Michele Brewer stated the storage would include boats, jet skis, and other items that are not necessarily 15 feet in height. She added that it would not be feasible to purchase industrial-zoned land and utilize it for RV storage, as the monetary return would not make it profitable. Planning Commission Minutes Page 9 December 17, 1992 Chairman LANGDON called for a recess at 9:30 p.m. Meeting reconvened at 9:58 p.m. Commissioner RASPLICKA moved that Case No. Wz-92-12, an application by Alexis Investments Corporation for approval of a rezone from Agricultural-One, Restricted-Commercial and Commercial-One to Commercial-One and for site plan approval for property located at 11800 and 11808 West 44th Avenue within the Fruitdale Valley Master Plan, be Approved for the following reasons: 1. The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and 2. The proposed change of zone is compatible with the surrounding area and there will minimal adverse impacts; and 3. The proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and 4. The property cannot reasonably be developed under the existing zoning conditions; and 5. The rezoning will not create an isolated or spot zone district related to adjacent or nearby areas. With the following conditions: 1. That a Type I site plan shall be prepared for submittal to City Council. 2. An easement to allow ingress and egress for all three parcels along the main entrance between Parcels A and C, shall be prepared and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition, if any ditch or laterals have or will be moved, easements allowing there continued use and maintenance shall also be submitted. 3. A decorative wood or block fence shall be erected along the west, south and east property lines of Parcel B. 4. An effort be made to landscape along the east side of the parcel, even though the brick pillars have been installed; 5. That landscaping be installed along West 44th Avenue consistent with City recommendations; 6. That the C-1 zoning on this property be restricted strictly to this RV storage use they are proposing at this time. No other use is permitted on this parcel without returning to Planning Commission/City Council for site plan approval. Planning Commission Minutes December 17, 1992 Page 10 Commissioner CERVENY seconded the motion. He offered a friendly amendment that the landscaping is essential on the east side, and at the front of Parcel A, but since landscaping is present on Parcel C, additional landscaping would not be required. Also, landscaping should be installed along the north side of Parcel B. Commissioner RASPLICKA agreed to this friendly amendment. ion carried 5-1, with Commissioner QUALTERI voting no. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS A. Commissioner Qualteri pointed out some changes that should be made to Planning Commission's Bylaws regarding adding reference to the missing feminine gender. Planning Commission consensus was to add feminine references appropriately. 10. NEW BUSINESS 11. DISCUSSION AND DECISION ITEMS A. Mr. Gidley brought to the attention of Planning Commission that our City's GIS (Geographic Information System) capabilities had been written up in the most recent Planning Magazine. He thanked Commission for their prior support in gaining the equipment necessary so that the City could have this capability. B. Mr. Gidley brought Commission up-to-date regarding new City economic development programs. He will prepare a package of information to be included in a future packet for Commission regarding this matter. 12. COMMITTEE & DEPARTMENT REPORTS 13. ADJOURNMENT There being no further business, Commissioner RASPLICKA moved for adjournment. Commissioner JOHNSON seconded the motion. Motion carried 6-0. Meeting adjourned at 10:25 p.m. Sandra Wiggins, Secretary CITY COUNCIL MINUTES: February 22, 1993 Page-2- Motion by Vance Edwards that Council Bill 3 (Ordinance 920), a request for approval of a rezoning from Restricted-Commercial to Commercial-One for property located at 9900 West 44th Avenue, be approved for the following reasons: 1. The proposed rezoning is compatible with the adjacent zoning and land use and it is consistent with the Comprehensive Plan; and 2. The criteria used to justify a rezoning support approval of this request; and 3. Planning Commission and staff recommend approval; seconded by Mr. Shanley; carried 7-1 with Mrs. Brougham voting No. Item 2. Council Bill 4 - An Ordinance providing for the approval of rezoning from Restricted-Commercial and Agricultural-One to Commercial-One and for approval of an Official Development Plan on land located at 11808 West 44th Avenue, City of Wheat Ridge, county of Jefferson, State of Colorado. (Case No. 'dZ-92-12) (Alexis Investments) Council Bill 4 was introduced by Phil Edwards on second reading; title read by the Clerk; Ordinance No. 921 assigned. Mr. Middaugh explained that the parcel in question is currently zoned A-1, R-C, and C-1. The request is to have the entire parcel rezoned to a C-1 classification. There has also been a request that the landscaping requirements be waived. Council will be presented various options for motions. Mrs. Brougham complained that the Planning Commission Minutes were not attached to the staff report and she requested that Council have those Minutes prior to proceeding with this case. Mr. Shanley asked for consensus to proceed with the hearing without the Planning Commission Minutes. Consensus was 5 in favor to proceed. Mr. Gidley presented the staff report and answered Council questions. Michelle Brewer, 3333 E. Bayaud Ave., #205, representing the applicant, was sworn in by the Mayor. She gave history on the piece of property; they have spent a considerable amount of money on it to make improvements and have plans to spend more on landscaping. The recreational vehicle storage is only temporary and they don't want to spend a lot of money on landscaping until they. find a permanent use for the property; most of the improvements they made were made at their neighbors requests; she was led to believe that their site plan was sufficient and she submitted this plan in January and has never heard anything back; the ditch has been moved to the southern end of the property; although there are many trees on the property they are willing to plant more; there is a need for this use in the community. Alex Brewer, 13620 W. 30th Place, Golden, office address 11900 W. 44th Avenue, adjoins the property in question; the reason he bought this property is that his business is expanding; they have worked with the neighbors; this is not a permanent use, it is too expensive for what we are using it for, but for now it will keep the property clean; they have done everything they could to comply with whatever the City asked. CITY COUNCIL MINUTEF- February 22, 1993 Page -3- Janice Thompson, 12290 W. 42nd Avenue, was sworn in by the Mayor; she quoted from the Fruitdale Valley Master Plan that encourages quality growth which preserves property values and upgrades the community. Commercial Use along 44th Avenue that does not encroach on residential areas is promoted. Incompatible and undesirable uses should be excluded. She is concerned about the word "outside storage"; tires stored behind Mr. Brewer's business are very unsightly. She asked that C-1 be only along 44th Avenue and the rest of the property remain Restricted Commercial to protect the residential uses. Comply with landscaping regulations. Motion by Phil Edwards that Council Bill 4 (Ordinance 921), a request for rezoning from Agricultural-One and Restricted Commercial to Commercial-One with an approved site plan for property located at 11800 West 44th Avenue be approved for the following reasons: The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies; and the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts; and the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties; and the property cannot reasonably be developed under the existing zoning conditions; and the rezoning will not create an isolated or spot zone district related to adjacent or nearby areas. With the following conditions: A Type I site plan shall be prepared for submittal to be recorded at Jefferson County. An easement to allow ingress and egress for all thee parcels along the main entrance between Parcels "A" and "C", shall be prepared and submitted with the Type I site plan, in a form that can be recorded at Jefferson County. In addition if any ditch or laterals have or will be moved, easements allowing their continued use and maintenance shall also be submitted. A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B". The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26-320)(3). All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "C"; seconded by Mr. Shanley. Motion by Mrs. Brougham that Parcel "B" be indicated on the site plan to allow Recreational Vehicle Storage only on a water-permeable surface; seconded by Mr. Selstad; carried 5-3 with Councilmembers Shanley, Flasco and Phil Edwards voting No. Motion by Vance Edwards that the rezoning be from Agricultural-One and Restricted Commercial to Restricted Commercial with a Special Use Permit and an approved site plan; seconded by Mr. Selstad; failed 2-6 with Vance Edwards and Mr. Selstad voting yes. Phil Edwards called for the question; seconded by Mr. Flasco; carried 5-3 with Councilmembers Selstad, Vance Edwards and Brougham voting no. Vote on original motion as amended carried 5-3 with Councilmembers Selstad, Vance Edwards and Brougham voting no. Mrs. Brougham does not feel this is in compliance with the Fruitdale Master Plan. 'O U. d os Eo m.t m•nauuw, ' ~<re-wr .aKT ant err wma, tua.utrvn atnT .n.n n nom ro]nrm ~ - A3)wnS Od01 \ JV M1O8 k LI3dOUd I en n. . >nT MIST l z,. g" 9N1 '9NlN88woArs S.NPI7I9 4"._ - e .I a1 $4p 5i 3etea Ills I H all a g c E bb a9@3~ ! ~ p$/ g~g~eRe~' §aa§ ~iY{{669 C€ ~~5=7 p~~ ae 6p~l~i~~i[y~~Yp 1 t3 C. tae to 6~ aH`~a~ 7ib~ae 8 g R 8c.ggpa~~ tly tpq} [ a w 1 ~CS ~ ~~~6 ~CT ~ ~ • w w . w . s L_ t0 ^ .O 24 K. acrxar. =r U 2 W m .vccans ru nscxsm+~w P ,g 9 (UtNY n.~+oaao'n ooczi- _ . a mv,~, ' ..via t . 92 ~ t~7 3 _g7 ~ a ~,t TC : S a Y5~66~~~E33 9 Te i I s! .5 i wq rah q @i8 n~ N' TABOR STREET RESIDENTS tabor st. _ t w.44av. wheatridge w.80033 jefferson phone235-2848 Fax 235-2857 January 26, 1998 Residents Tabor st. Wheatridge,C0.80033 Dear Mr. Brewer From the concerns of the nieghbors most Beverly affected, As you have agreeded upon as to installing a ten foot fence on the south side with those nieghbors. We would recommend staying with the original proposed plan along the east side, down tabor street. That is staying with the existing fence and adding in the colorado pines or evergreens in between the existing hardwoods We thank you for your consideration of these concerns Sincerely, Tabor Residents January 7, 1998 Mr. George Von Brehm 4305 Tabor St. Wheat Ridge, CO 80033 J.W. Brewer Tire Co.,Inc. 11900 W 44th Ave. Wheat Ridge, CO 80033 Re: Sound barrier fence on the south side Dear Mr. Brewer, Mr. George Von Brehm and Ms. Diane Tipton are asking if you would include a solid ten foot high sound barrier fence on the south side of the property in lien of the evergreen that we discussed at the December 16th meeting. The reason for this request is because Mr. Von Brehm is a retiree and is home during the day, and Ms. Tipton's fiance' works nights and sleeps during the day. In both households someone will be home during your business hours, and even though you are going to minimize the noise of the trucks on your property, our two homes are directly in the path of the bays and the trucks exiting pathway. We understand you can not get rid of all the noise we know there are things that can be done to minimize its impact on your neighbors. Thank you for looking into this matter. If there are any questions please contact me Sincerely, Mr. George Von Brehm Ms. Diane Tipton gvb/fb REC EKED JAN 2 2 1998 To City of Wheat Ridge Zoning Officials: I, the undersigned Wheat Ridge resident, agree to the following in regard to the current zoning application by I W. Brewer Tire Company regarding their property located in my neighborhood at 11800 and 11900 W. 44°i Ave.: 1. I attended a neighborhood meeting hosted by the applicant on December 9, 1997. 2. My concerns regarding the development and use of the property were heard and addressed by the applicant. 3. The applicant has subsequently followed-up on that meeting with a summary of issues, which we as residents expressed at that meeting, and their proposals to address those issues. The applicant has addressed all concerns to my satisfaction. 4. The applicant has also informed me of the need to modify their application to include, in addition to the Special Use Permit request, a revision to the C-1 zoning conditions on the property. 5. I am in fully support of the plan and application now pending before the City, and would urge your approval of such application. ~[gn d Date -~clt°0 T q ~o1Z S~ 'Wheat Ridge, Colorado 80033 Address Parks & Recreation Commission Minutes - January 21, 1998 ITEM 5 - NAMING OF THE CONSERVATION AREA Prior to signage being installed in the Conservation Area, the Commission discussed whether they would like the area named and if so when should advertising for names begin. The consensus of the Commission was to name the Conservation Area through the regular naming process. After City staff meets with the Park Service, a public meeting schedulerfor the Conservation Area will be determined. The naming process will be tied into the.rst public meetmg. It will also be advertised in the papers. A proposed schedule for the narmn process will be presented at the February meeting. There was no motion for this item, as it was discussion The property at this location is currently RV storage building on. This is not part of the Park Land Dedic; requesting J.W. Brewer to provide additional screeni in the ditch and Tabor Lake. The Commissio'so'e idling semi trucks at that location. sing to build a new ission discussed ne"and not put drainage sound proofing the Motion Karen Heine the Parks & Brewer property: 1) Noise from 2) Budding following concerns for the J.W. building the same color as the existing The equipment at the skate park is currently being installed. The park is scheduled to be complete in approximately 2 weeks. .F. To Reception, No eec0la- 8'._aIAL WARRANTY DEED a. THIS DEED, made on this day of May 08, 1992 between NKKF7 OR NIFANN, N.A. NIYIA NOFS,*E'SP of the II County of DENIM State of Colorado, grantor(s), and AIEM TNVESII`g1'> CORP., A COLORADO CORPORATION '.I whose legal address is i of the • County of State of Colorado, grantee(s): WITNESSEPH, That the grentor(s), for and on consideration of the am of NINETY FIVE THOUSAND DOLLARS AND 00/)OOTHS $***$95,000.00 the receipt and sufficiency, of which is hereby acknowledged, has granted, bargained, said and conveyed, and by these pre- sents does grant, bargain, sell, convey and confirm, war0 the grantee(s), their heirs and assigns forever, all the real pr tt the, with im,rovasents, if any, situate, (yin, antl being in the County of , state of Colorado, described as folicus: IFxAL DESCRIP17ION ATPACHED AND MP.MM AS EXHIB17 "An AND MADE A PART FLERDOF AS IF FU= SET FORTH MkEIN also known by street and umber as: 11800 & 11808 W. 44TH ' with all artl singular the hereditairents and eppirtenances thereto belonging, or in anywise appertaining, and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right, title, interest, claim and domerd whatsoever of the grantor(s), either in law or equity, of, in and to the above bargainetl promisee, with the heraditaments and appurtenance(s); 'ICJ HAVE AND TO FDID the said premises above bargained and described with the appurtenances, unto the grantee(s), their heirs and assigns forever. The grantor(s), for themsetves, their heirs and personal representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained pr anises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against ell and every person or ppeerson~~~s claiming the whole or any pert therof, by, through or under the grantor(s). IN Wi'TI WHEREOF, the grantor(s) have executed this deed on the date set forth above. NOW RPFIGL£NN, N bx: - y STATE OF COLORADO I ly/1 ~UCI//W 'v 'i as. Y JT' d COUNTY OF The foregoing instrument was acknowledged before no on this da of Ma 08, 1992 by AS viu OF UNITED BALM OF-N0RI 3GLFNN,-'FA-, 2717A-NOR= FAN= NORITMIE C, N.A.- - i Witness w hand and official seat. my commission expires Notary Publ `If in Denver, insert "City and" AC9807.0333207 EXHIBIT "R PARCEL A: THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 10 FEET THEREOF, LEES' SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 AND THE NORTH 3/5 OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 OF LOT 11, LEE'S SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23, EXCEPT THE EAST 10 FEET OF SAID LOT 11( ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS: "THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, LEE'S SUBDIVISION, EXCEPTING THEREFROM THE EAST 10 FEET THEREOF, AND EXCEPTING THE WEST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO, 0 a, 1<rrrPion F....... Clerk and R,uudv DEED OF TRUST (Commercial & Multi-Family) n23168-5 (Financing Statement; Assignment Of Rents) THIS DEED of TRUST is made this 29 th........ day of ......July 19..83...... , among she Grantor. ....A-R,Inyestm erats,.a..ParSnership _(heen "IshmmOve".), who" address is..119.WiRgiat. 44th Avenue.. Wheat.Ridge, ..Colorado ..80033 she Pubrc Tmsmc of .....Jef f erSOn.. County, Colorado (herein °Trustee' and the Bendlciary, The Empire Savings, Budding and Linn dsmc'ullon, a Colorado eor Mration. (haan "I.cndt' whose address is 16" California Street. Denver, Colorado 80202, WHEREAS, Borrow" and.... Alex. L.._Brewer. and. Rodney. R.. Brewer E,,tleer exeemed a pmmissery Nor v datd July. 29th, 19,$3...... Payable so Inc Older of Ie Lander, in the principal slim of. ONE. MILLION. TMREE UUNDRED FIFTY, TFIOUSAND, AND. NO/100! a Dollars. (s.... 1 a Q$Q.a QQQ..QQ ) wish interest thereon, providing for in Wimnta of Interest entire, prinr'gal, wish he balance of the indebtedncs,. If oat s..net paid, due and payable an Aug USt. 1 19.98 .....(hetein "Nom"). NOW. THEREFORE, in midoa6nn of ncc indebtedness ncrcin recited and the trust lerein created, Borrows, far the purpose of securing mpaymnr of the 'mdcbmdne vlda,cvd by the Not ; the paym of all miners with interest rhonn. advanced 'm accordance with this Decd of Trust to protect the,. IIy of this Deed of Trust. site per(or of she arts and agree of Borrower contained i Ihis Deed of Trust: and the repayment of any future advances, with interest ,hereon, made to itorrower by Lnda, ,map, in thel rem, of this Dad Of Trost, vevocably grants and conveys to Trustee, n truss, with power ofsale, the following described p-pcrty wended in the comm, of Jef f erSOn . Sot, of Colorado. Lots 2 and 3, Block 1, Westlake Park Subdivision, County of Jefferson, State of Colorado which has the s1,c1I address of...... 11.900. hest.44th . Aseoue . _(snaet) Wheat Ridge........ I Asir , _ . , . Q01Qradn...80433..... (state and sip cad,). Tugerher with all buildings, improvemcros, fixtures or appurtenances, now or hereafter elected tbeaon, including, but not limited to, all apparatus, equipment, and fix, ores, whether in single units or centrally controlled to supply heat, gas, steam, air conditioning, water, light, pow<q Iefti,entiun, vcmllauon, ruok.a,. plumb in, i ,i4ating and pow., sysr<ms, machine,, appliances, and any other thing now OF hceaLo situated therein or rh rcon which are now or may hereafter pertain to or bcuM with "or'in said premiscseven though they be detached or detachable also all buildings.in,provcocna or construction materiarsupplies and equipment now or hares(er delivered to said premises and intended to be incorporated and installed herein or used in construction thereomalso all building permits, construction con tracts. dal and warranties under construction contracts, up fee architectural plans and spelfica relating ,o construction of improvements asaid land and collect and ap trad,marks and ingosrelated to marketing the property. together with any and all rents (,nbj,a In the rights and amhorltiegi en herein to L ndtto On ply such rants), profits, ro,shics, miriceal, geothermal rrsouracs, oil and gat rights and profits, water, water rights, and water stock, dlmh rights, casements and access righn, now owned or hereafter required by Bmrowe, used, belonging to, or in any stop oneccerd with the real property, all m7 which arc declared to be a part of said real property, whether physically attached thereto or not, and all of the foregoing, Ingetbo with said property (or the Inschold estate if this Deed of Trust is on s leasehold) are herein referred to as the 'Property To have and to hold the Property tngcthcr will, any and all of the righn, Privileges, hoe dumrms and appurtenances in any way appertaining and belonging there tat. That the rat of any breach or default by borrower, or his suecvors in elder the terms of the Note or this Decd of Trust, the tender may file written notice with the Trustee Jechnng such default and iudecrion and demand Its, F-F Prnpcny b, advertised (or sale and sold in mrdncc with the statutes of site State of Colorado. Thereupon, the Trustee shall 1111 and dispute of the Property and all of the right, title and interest of the Borrower, his heirs, successors, and a signs, ar public sue ion ro the highe,, bidder for cash at the rime and place and under the terms designated in the notice of sale, after public notice of the sale having pre uusly been rgiven by advertising, weekly, for four <unsccurivc weeks, in a newspaper of general circulation in the County where the Property is located and after copies of the notice of site have been mailed in accordance with the solutes of the State of Colorado. The Trustee may postpone We of all or rap pad of the Pro perry by public announcement at the time and plate of any previously scheduled tale. Lender, or Lender's designer, may pmchac the Property s, any sale. The panic further rovenaur and agree as fellows: Sec lky Intern, - Fin c Ca n goods ar will It... me Gxsurrs a uhed ro the Prmpop. it is intended that the filing of this Decd of Truss will make this Deed of Trust effenivc as a financing n aL mice, filed a a hamr, filing within the mean Ing of the UniformCommetcial Code. The goods covered hctemndct are more particularly mc,ibed prm. Construction mortgage. This Deed of Trust r a construction mortgage under the unifor m Commercial Code, tweet to secure an obllgarmn incurred for the <onsvuamn of an improvement on Ire land described above l induding he auqu, . limn nsu of he land). Cm of Tide. Bear v s Ira Bur is Iswfull) ,,,ad of the estate hrmby < ,ay,d and has ncc right to giant and < wry tire pro'm', ,has ,b, Irrupcrty n err ,mb,rcd and that B vrowrr will ws,aru and defend g orally the rile In the Property against all claims, and Jemands, subject to any declarations, casements esmnons, which are of public renrd and listed so a schedule err ,-,u ms to co-age in a ride insuraner policy insuring Under 'a imocsr in the Pro ,,cry. \voivrr of Een,gni ms. 11..11.1,11 wavte all righn of hd"Inoead cacmpdnn or the Pru,cr, and all other c. nrplons now vestc, or beetftar arquired. C. of Nn. . Ourt l and agrees to promptly pay I.cmlrr all ryimspal and interest and all since sums of money payable by value of she Nme andrthn Deed u( Truss and to "If-, calls and every c drums and ape eini in nc, Nmc, this Deed oTruss, any Coosuucemn Loan Agreement with Lender, or any other doeumems relating ro the Ivan rrpresnad by the Noc, including. but not limned m, he Conmltmerrt Let-to Bpnnwa, deed June, .6., 1983............ (),,rein 'Commumrm Lcuoi" 1 and any salgnman, of Lows and Revs. EL 114 16 29 821 CnI.... are 11 1, . If it..nnwn Is I rev per I....n, it rovrmm, and agues In du all thin', IF ..or p, r.. "IF-c and k", is full force and 'flea it, a.... ate in gu.nl standing uofee the laws of Jw stain of its inunpotadon and -11 'Imply xLa all rFga FIn'as. Falls, or dlnaocr, also TO, order, and ureters of rep' gosh... manul aua+an, o eoun apprer Is Ir to Borrower or to the property a any part thereof. Funds (,IF Taxer. Insurance and Ground Burs. Unless wafvnl in ling by I.cnder, in addition to the payments provided fn, in the Nom. Bunnwcr dull pay In hcoder n the day installments arc payable under the Nine, until the Note is paid in full, a s urn (herein "Funds') equal to a pus a pmt n (fur example, n wdLli if innallm s are due instantly. m r,-such if resellm a due quanrly, r e) of the s tad yearly taxes and ass which may train priority o r this need of Tort, and ground u s rile Napery, if any,plusa proau ortn of the annual insurance pre um(including life an ur n e premiums if su sil Fad), OF ms for mortgage insurance and oer charges upon the Property, all xarearomblesTimved initially and Item time to time b9 Lender otine basis o(coven or previous years bills or.... I,bi orth if substantial improvements madc to the property were not included with the previous year's bill or assessment, on the basis of L ends reasonable a of be covers due, per suer shall pmsldc Lender with proper statements of taxes, assu,ments, insurance moms, pre other charges upon the Property and, if apPlm ahlq ground rents, due before the rise date thereof, The Funds shall Lc held LY Lender as addrional return, f^+ the sums is curnl IF Th'a Deed of Tani and may be mmia lcJ with other such Funds, of its own funds fm the payment of Such irons when charged or Wild widmm fuller inquiry. Leader shall an pay Jolla— any interest OF omings on he Funds. If Ihere is any dellnquenry in paying sane Joe under the Note, ttic Funds Fall fall tic applied by Leader to pay such delinquency, and Lcndcr shall h- c a fvst and prior Ben thcrcun for such purpose. If the amount of file Funds hcId by Lender suffi< tu pay Intl taxes, a e premium, and ground rents as it,,) fall Juc roles mhc agreed to writing by Lender, Borrower shall pay to Lender any annual necessary In make up Ti Fe deficiency within thirty (30) days from the date notice is silyd by Lender to Borrower requesting payment thereof. In addition, I cndcr may. upu roue, nrrve the payments sufficiently in meet fl.- same, and Ilarmwc agrc s o pay said increased payments. - Upon payment in full of all sums accused by this Deed of Trott, Lender dull promptly refund to Borrower any Funds held by Lender. Charges. Borrower agrees to pay all a e and other charges. fines and impositions attributable to the Property, as well as leaehold payments or ground rents. if any, when due and payable. before heybeeme Jelincelat and before are mercst aches or any penalty is incurred. If any tax. assessmnt OF odor charge, fine or imposition becomes of record, harrower agrees that such shall be satisfied and discharged of record within thing days of becomingof record,and a tcni Acd copy of the official document evidencing such satisfaction and Jbdurgc shall be sent to Lender within ten dayraner such dischatge, nnwevcr. Burawu shall nor be required to discharge any lien if Borrower shall, is good fa'nh, mmear rude scn by, o, defend enforcement of such lien in, legal proceedings which operate to fire. vent the enforcement of the lien or forfmore of the Property or any parr thrcol. Future Advances. If the Note provides fret additional advance, inch Insure id,ancee, with - interest hereon, shall be secured by this Deed of Trust. Any additional adw together .in the iIdcb,,d.. .....e red by he Nate dull n ..I s. 1,350,000.00 ulwwer, nothing in his paragraph shall be considered as lintIll y the amounts red by der Usti orrFxswhen'adva red to protect the security o in accordance wBl+the tc.ma of this Deed of Trust, the Note, any of the other documents 'daring to the loan represented by the Note Ilaeend Insurance. b-ti agrees m keep the improvements now canting err hereafter erected on the Property insured against loss by free, Eaaards included will in she re ended eo eragc;' including windstorm and flood, and such other hazards as Lender may require and in such amounts and for seen Felines as I-rarder may acquits, provided, Jot Lender shall not require that the amount of such coverage served tar amount of Coverage required to pay the sum% seemed by this Deed of Trust. The insurance erler providing the insurance shall Be chosen by Burrower, subject to approval by Lender, provided that such approval shall not be unseasonably withheld, All premiums an insurance poliein shill be paid is the manner, provided in in, paragraph hereof captioned "Funds for Taxes, Insurance and Ground Rents or, if not paid inoeh manner, by Borrower making payment, when dvc,dhecily to the insurance carrier, All insurance pollees and renewals thereof shall be in form rcepuble to Lender and shall include a standard mortgagee clause in favor of and in form acceptable an Lender. Leader dull have he right w hold be policies and rcncwah thereof, and Banowcr shall promptly furnish to Under all renewal notices and all eccipu for paid premiums. In the went of loss, harrower shall give prompt notice to the imuracc carrier Intl Lender. Lender may make proof of loss if not madc promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied so restoration o repair of the Property damaged, provided such restore time repair is ecorxmcnlq feasible and the security of ibis Deed of Trust is man threbY impaimd. If such restoration or repair is not cmnomlcally feasible or if the or security of this Deed of Trust would be impaired, the Insurance ptoreeds shall be Ipplicd to the sums secured Ly this Deed of Trust with The evens, if any, paid to harrower. If the Property Is abandoned by Scrawls. or if B-TO-Ir falls rn.opond To I.<ndn widen shiny (3ul days from the date ender is mailed by Lender to her Fewer that the insurance carrier offers to settle A claim for insurance benefits. Leader is udmdaed to ellwt of apply rile insurance proceeds n Lender'. option either to restoration or repair of the Property or to the sums secured by this Dccd oil rest Unless Lender and Borrower otherwise agree in wr ing, any such appllcnion of proceeds o principal shall not extend or postpone the due date Of Flit maralleners due under the Note or change the amount of such instailmrris. If the Property Is rqulrcd h)' Lender through (omdomrc sill or other rquisnion, 0 right, ride and in Far of Borrower in and t any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale of acqul tio, shall pas to Lender as the career of the sums seemed by This Deed Ill immediately prim o such air ar acquisition. In the event of foreclosure of this Deed of Trust, all Borrower's rigor, ride and interest in and to any hazard insurance policies then in force shall pass to the put chaser or gramce. Public Liability Ins eh William's Compensation. Borrower agrees to pm and maintain. since to be procured and maintained, continuously m F feet ri It the Nom is paid in full. public liability insurancas provided for in the C.nnmitment Letter. Borrower will deposit with Lender policies esideeing such insurance or a certificate of the insurer stating that such insurance is in fore and lifts, If the indebtedness represented by The Note is 1 n loan. Burrower agrees to pro and maintai, or e to be procured and anrecd, continuously in effect until construction is completed, workmen 1 compensation insurance provided fat in h, Cnmmitmenn Letter. Bailout, will drpmit wl.h Lecdu such policies evidencing such insurance or a certificate of the insured staling that such severance is in force and effect. In the event of foreclosure of this Deed of Trust, Ill of Borrawr's tlghr, title Ind Interest in and to any public liability or workmen's compeution insunn« put. ictr then in force shall pass to the purchaser or grantee. Transfer of Property; Assumption, Borrower coscram, Ind agree that in site wcrn bf I mnsc)vnec of the Property herein described (or any part thereof), or in the event of nce execution of a enrarr of agreement creating any equitable in Fecal in The fide, or in the evenI of an agreements eon a in ing an option to purchase and granting a possessory right in the Property or in ehe event of the sale or trensfer of the cant rolling in I ere at or of the majority Lrneficial interest in Burrower, or its )iqui dahibn or dissolution. then at the option of the Lender , the <ntir indeblednrs scored her. by shall become immediately due and payable unless Lender elms not to accelerate the indebtedness. Should Borrower center that Lender not exercise the right to accelerate the indebtedness as aformaid, Lender may impose certain condi tions as consideration for such agreement not to secdetare. Including, but not limited to, any or all of the following: a loan transfer fee as prescribed by Lendrtan increase of the interest ram; a cancellation of the monthly payments of principal and Interest based upon such increased interest ram,a modification of the term of the indebtedness; amendment of she prepayment provision and a guaranty of payment by the purchasers, Inasmuch as the loan made hereunder. as bared in part on the financial responsibility of Borrower, a (.,ally vndcotood and allied rise, -h mmcn an, be given or withheld by Lender in i salt Jlsre ilso Failure to receive such consent prier to any such transfer, grant, or constraints, or attempt Ocala, shall be deemed a breach hereof and of the None secured hereby. Should the Lender forebear from aecdrating the payment of the indebtedness by Flavor of any of the foregoing, the assignee Of Burrosser shall be cleared Tn have assumed and agreed to pay the indebtedness wing Lender, whether o the instrument .vide.ing such Fall, grant, expressly so provides, and this r r shall rv it the Property and remain in full force and effect until ncc rani, nd'Ins' nee is Ile, aidred, and I nder may, wbhou o Banow, d.al x,Ill rush assigner with reference to the much. rdn.ss secured by this Deed of Trust, including the Pay Forest read uch assigncc of undubursed eumw funds b repayment in the etin with Bor owes without n ey wry almrjng at duh rglig BarOWCF Y lea Liliry herundo upon the debt secured by tills Deed of Trust, Upon the occurrence same manner aany of the foregoing ev<nuand Fan m 6 o having r bttn gicen by Lender, Ill, them fact of a lapse of ti or the cFpuncc of payments subsea enter any such events shall not be deemed a waive of Lendcr4.ight to oak. uch clcenonnor shall Lender be stopped therefrom by vlnv<thereof . Barrw< shall be requ red to notify Lcndcr upon occurrence of any of the terns affecting title as dmnilledabove, and failure to do so shall consfnue a default hereunder and of the Note. Pm ti and Maintenance of PmpertyT Alienations Encumbrance. Borrower agrees to keep (tic Property in good mpai and further age t Fair wane or permit mpsbme or derc T at on of the Property. If Borrower fails m keep and maintain the Property. Lcndcr, its option may muse sta-s Lle repairs and maintenance to be prfarmcd at the taper of Borrower. Borrower further agrees no o shrive or encumber the Property to the p 1judir of Lender, Removal of Improvements. Borrower agrees not to remove, or permit to be removed, from the Proper, any building, shed brother improvement, or any fixture, apparatus or equipment. Borrower further agrees nor to make any major ahetadom to existing Improstri on the Property without the prior written consent of Lend,,, bte end Assigns Bound: Joi .hil'ny. All of the and agte <on nedv of Total chill on with the lanpeny and dullsaend t and be bidding upon and . his hereunder $hall more covenants c,mv successors and assigns tvnlun aq ' n mmlunlap' and by operation of lawl of ,ender and Bur 'cr, subje< in the provesea , fiercer r,farm, t rumfer of the progeny rod assumption. All ndgnmcnu m giants of hmro.u provided for to this Uccd of Trust or related loan documents itself carers , Add,hlf not be extinguished by any foreclosure proanding. - yya All covenants and agreements of Borrower shall be joint and several. C.,hms. The ea diem, and boding, of the paragraph, of this Deed of Trust art for convenience onlpand are not to be used to interpret or define the provisions hereof. Invalid Provision. If any term, epvensnt or condition of this Deed of Trust or The application thereof to any person or entity or e4cumsnnees shall be invalid or <nforecable, the mmaineer of the Term,, cws-m, and conditions hereof and the eppleasloo of any term, covcnanT and condition hereof to any other person or an thy shall not be affected thereby, and each term, condition and covenant h<rcof shall be valid and enforenble to the fullest extent pnmru<d by law. t Release. Upon payment of all sums red by this Deed of Trust and upon full performance hereof by floc Lender shall promptly, after written notice from Buttresses , execute and deliver to Borrower a request for the release of This Deed of Trust directed to the Trustee. The The Borrower shall, however, pay all coves and ex pcnso in connection with the recordation and aaamion of ,id Rcle.- A rtlss,e of this Deed of Trust shall release any assignment of rents or lease, given as addition. al security, Additional Providons. The Borrower and all entities executing the Lender's Note or Deed of Trust agree at any time during the term of the loan, upon reasonable request by the Lender, to supply information and documentation required for the continued monitoring of the loan, to include but not be limited to financial statements, rent rolls, leases, and estoppel certificates. There shall be no secondary or "wraparound" financing on the Property without the Lender's prior written consent. IN WITNESS WHEREOF, Borrows, has executed this Decd of Trust. A-R Inve nts, a Part . A ex newer, a Partner BY.:.An ey rewer, Pa Sum of Colorado 1 C.i[y. add...... county of .....Denver........ I The foregoing instrument was acknowledged before me This... 29 th......... day of..... July iv 83 by..Alex.L..,$r.iewer.and, Rodney. R.. Brewer as. Partners . for A-R . Investments, a partnership.,..... ...on .behalf. .of.the. partnership... Wimps Ter hand and official seal. . my commission expires ' April 1, 1987 Nntseys Address: 1654 California Street / - _ (SEAL) Denver, Colorado 80202 t. ✓ Nenc, public S ~ O U 0 O o m w O v w A z L = a b F a 4 v Q v U U r v z o se > F E a. °~Q e V O r o `0.C) O o ur 4 W d 0 = n [il U O o ~ . T ro x? ~ E o a ¢ 4` L is, A h do 3 so 2 U W d U m L a L F o - ~ 3 m (31LLAN'S ENGINEERING, INC. `I 8471 Turnpike Drive • Suite 200 • Westminster, Colorado 80030 • (303) 426-1731 • Fax (303) 426-1732 DESCRIPTION OF PARCEL TO BE DEEDED TO OWNER OF 4311 TABOR ST. A PART OF LOT 11, LEE'S SUBDIVISION, BEING IN THE SOUTHEAST 1/4, NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M., CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 20, BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX, FURTHER DESCRIBED IN REC. #84104808; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20, S 89°09'12" W, 997.14 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF OF LOT 11 OF SAID LEE'S SUBDIVISION, N 00°25'06" W, 81.22 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION NO. 92056019, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299; THENCE N 89°13'07" E, 165.77 FEET TO THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION NO. 82079921, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE N 00°25'06" W, 34.99 FEET; THENCE N 89°23'08" E, 156.13 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF TABOR STREET; THENCE ALONG THE WESTERLY RIGHT OF WAY OF SAID TABOR STREET, S 00°25'06" E, 34.53 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION NO. 92056019, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION NO. 82079921; THENCE S 89°13'07" W, 156.13 FEET ALONG SAID PARCEL DESCRIBED IN RECEPTION NO. 82079921 OF THE JEFFERSON COUNTY RECORDS, TO THE TRUE POINT OF BEGINNING. CONTAINING 5,427 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARING IS THE ASSUMPTION THAT THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20 IS N 89°09'12" E. THE EAST 1/4 CORNER OF SAID SECTION 20 BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #84104808. THE CENTER OF SAID SECTION 20 BEING MARKED BY A 3-1/4" BRASS CAP, L.S. #13212, IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #84104807. THIS LEGAL DESCRIPTION WAS WRITTEN BY WILLIAM KONDRACKI OF GILLAN'S ENGINEERING, INC. C71LLAN'S ENGINEERING, INC. 8471 Turnpike Drive • Suite 200 • Westminster, Colorado 80030 • (303) 426-1731 • Fax (303) 426-1732 DESCRIPTION OF PARCEL TO BE DEEDED TO OWNER OF 4305 TABOR ST. A PART OF LOT 11, LEE'S SUBDIVISION, BEING IN THE SOUTHEAST 1/4, NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M., CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY' DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 20, BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX, FURTHER DESCRIBED IN REC. #84104808; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20, S 89°09'12" W, 997.14 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF OF LOT 11 OF SAID LEE'S SUBDIVISION, N 00°25'06" W, 81.22 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION NO. 92056019, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 00°25'06" W, 28.00 FEET; THENCE N 86°48'19" E, 165.96 FEET; THENCE S 00°25'06" E, 34.99 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299; THENCE S 89°13'07" W, 165.77 FEET ALONG SAID PARCEL DESCRIBED IN BOOK 1243, PAGE 299 OF THE JEFFERSON COUNTY RECORDS, TO THE TRUE POINT OF BEGINNING. CONTAINING 5,221 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARING IS THE ASSUMPTION THAT THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20 IS N 89°09'12" E. THE EAST 114 CORNER OF SAID SECTION 20 BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #334104808. THE CENTER OF SAID SECTION 20 BEING MARKED BY A 3-1/4" BRASS CAP, L.S. #13212, IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #84104807. THIS LEGAL DESCRIPTION WAS WRITTEN BY WILLIAM KONDRACKI OF GILLAN'S ENGINEERING, INC. The City of GWheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant,l,o4or,-wee -5pe CC Address IXgO() f,9yT~4j/ PhoneGL~ 2-300 Owner'ZRNi,P,+ L al, , C7/C6 Address r [g00Wcjyt :!6V. Phone ~/LZ-Z?o0 Location of request OO 000 i 2i' . ck Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions z Variance/Waiver Site development plan approval L Nonconforming use change Special use permit ❑ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification H Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ See attached procedural guide mineral extraction permit for specific requirements. ❑ Other i Detailed Description of request I"AL W L'Oiy O~ - `rn Ks _ t s- C List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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- f-attorney from the owner which approved of this actigy, on his behalf. ~L 15/N M-Uyl(w'p Signature of Applicant y~ Subscribed and sworn to this ~~7 day of 19 1?7 o ary Public SEAL My Commission Expires January 17, 1 My commission expires Date Received I2- %b 'j-7 Receipt No. COOy SS f Case No. - q_ ~ • f ~ ~ 9 f i ~ 1 rem, rrr1~1 t 1 t 1 1~ ~ t ~ ~ 1 >t 1 ~ ~ _ ~ ~'~-•~r~_ ~ ~ .~r..:....: ,i~ ,a~rrir.+rr~ .rte r~rw,~r~i~ ~iwrr ~ f `r .i 4 C"~: i1 ~ J ~F4 ~'i ~4.`11i ~V ~'.e ti's ~~{1 ~ yr ~ y~ . -yam -n .:1.. 51 ~.R r„ _ai ~JyY. 1 1 ~~F, 1~.~, ~~'',4 ~::I ~~,1 ~ ~l ~f ~ ~S mot- . ~~e y ~1 ;.~~j:; t ~ ~ f - M t • . E n~'I :;rye; t P~ f ~ ~ s `r e' i';. "+~i` ~4 a; ,-i~ 1r ~i; k'' !:e,i" ::a ~ ~ , ~ ~z; m.~ fi ~ 1 a... a ' + a , ! it 7 t 1.? S IL~,~ r ?~1 ~'.:i'i! / ~ ~ . i • a / y a 1 1 4 . / , a r" 1• al 1 ~ M + / / 1 A a S a a ♦ ► . / s + e I 1 ~ a ♦ + a • • / ~ / a r ♦ ► jl ~ • # + / 1 1 ~ a Lt r l I -J yt. a ~ ~ a ♦ ~ ~ ~ ~ 1 • ! • 1 1 1 / 1 ~ 1 M 1 1 t~ S~ [7~ ~~~'C,,-:H ~;-;y r 1 / - a 1 1 1 1 + • • ~ i ! / ~ ~ ~ / ~ a ~ ~p=?; a M / 1 / • A 1 Y s s.,~,iS ''kl.~ I a~`~ g ',v,. 1.1 T A ~ 1 ~ ~ 1 f / ~ ~ 6. 1 1 ~ •S A! f ffi "i ~ a t 1 / ~ ~ 1 ~ e ~ • a I. t i 1 a « 4 ~i t 16 ♦ ~ ~ s 1' ;r 1 ♦ # R °r ~ w ~ ~ ~ : d l M 4 i`~~ I • ~ t ~ ~ ~ t 4 ~ f ~ " ~ ~ it ~ r• _ p. ~Ja.l F - SATE DATA: r TOTAL LAND AREA: 6.09 ACRES 1190 VV. 44TH AVE: 2.39 ACRES 1 l X00 W. 44TH AVE: 3.80 ACRES I I C3t_liCaDING COVERAGE: 3b,9$0 S.F. (EXISTING J.W.B.) 3,000 S.F. (AUTO REPAIR BUILDING) 12,000 S.F. (PROPOSED) ~3C.11LDING NE~GHT: 24' MAXIMUM FOR PROPOSED BOTCHING [,/1Ni~~5C11~FF CO►VF,I~ACE: 11904 W. 44TH-~ = l 3. l % (EXISTING) l 1804 W. 44TH = 15% (PROPOSED) NOTES: 1. ALI. AF~A9 NOt COY'E}~D B7 STRUCTURES OR LANDSCAPING WILL 8E PA1/ED. ALL C.~RAINAGrE WILL P9E CC7LLECTEt7 AND DEtAINED ON 811'E, 71@EATED AS REG~UIREG BY L~IU, AND GONVE`t'Ep lN7~ WESt 4~TN AVENUE 3t~lQM SEWER A gTORM DRAINAGE REPOR?' SHALL f3E ~t,lB1"'lIT'CED A C~ BUILDING PE}QMiT APPLIGAtION. 3. Cx.IT~IpE LIGH?ING WILL ~E D~SIGhJED SO AS TO Mlhlli`11ZE LIGN7 OR GLA1~ SEINC~ CAST ONTO 3URROUN F~91D~NT'iAL PROPERTIES. 4. AL.L LAND°.~GAPING vNALL MEEt GfTY LANDSGA}°E 1~GULAtiONS AND R~QUI~MENt~. Ef'Y1F'LOYEL ANO CUBTOh'fER PARKING StALLS WILL PEE STRIPED. b. 517E WILD PD3'I'~D AND RULE Eh~Of~tCED TNAt R'~QUIt~ES SEMI-tRUGK3 $NALL NCt IDLE IN E>cCES$ M►NU?E5. `t. NCO E~CT'E1~It'7'~'t tL7lAh~th10UNCEMENT SYSTEM 1°ERf'il"t'TED. MR100SE AND INTENT: x 7N18 SITE PLAN Ib 805"11T'TED TO THE C171' OF WHEAL' FtItXsE IN ACCORDANCE WITH WRG 26-6 IN 16AR71AL ~s~ ~f FULFILLMENT C7P APPLICATION REOJ i}~EMENTS FOR A SPECIAL USE PERMIt. THE P'l~DPE}~TY 15 ZONED CG'f1°'fMERGIAL to C1h6 lG-U, AND BECAUSE BOtN THE EXISTING USE OF I1W0 WEST 44TH AVENUE AND THE R o' 15' 30' b0' 90' pRar~~SED USE OF 11Wm uE$r 44TH AVENUE INVOLVES tiRE SALES AND SERVICE ON LAS 7RUCr<S, ING !+EMt-T Kb AND TRAILERS, A 5f~'ECIAL USE PEI^M1T 15 NECESSARY. IT IS THE INTENT THAT ANY SPECIAL PER1""117 A}~'' "JVE17 1BY THE CITY OF WHEAT RIDGE, 15ECC7ME A VESTED RIGHT Cr- THE P}RO£'ERTY, WHICH G TRAN±3F~t~ TO F.tTU1RE 04JNERS. NO TH SCALE: 1"=30' L rt..... .v-. . . .~o~~.~~_,,.-_,._~-..._~.r .,.a..w~_,_ _ w. A~,._w_n_.._ ,.e er~... _ w.. ,n, ~v~ ~~,w._ b . r~ - ~ r ~ h ~va r ~ eeY„, ,S~s; ';:r,. ,:;a;F sG;ks~tka C~~ crx:<: yw^~a: 2, 'S' ~ ~ sie., mt y~ a vah~pAt~ r r . - : . i. ° n ~ ~ ' p ~ . ~ r ~ v ~ 6 i L sv rvyn ~xY-F~ f ' ; ' ~ mss:: .,,«.~.....-_.ro!~~-°aw ~ y,..,vvkca++~.. ~ • y~v{ yyt '0. 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A > > ~ ~ S ~ ~ , > 2 ~ ~ - • ~ -y;R~vyAC ~•~r fiW.YNai ~~i+mi4Aa ,%118k ..c.rt5 3p1tt9s~fv'mbx.ga.giy, , s j , 7 i ~ ,~r..+, .M cdf as fiastt tex - t ~ t 33 F ~ Cyr m}~ t S4, P ~ nom, A;,: y~ I n ff S ~ ~ i ~ ¢ :t , : .i s ~ R ~ ~ ~ ' I j ~ ~ - ~ t ~ A r ~ ~ ~ ~F j 3 i , 3 3 1 h , ^ ~'.c"WPRt z : k I ~ ~d t m.. ye.. , vt ~ q g ~ If d ~ ~ n\ s'-•~ FP' ji y r " i :o- E I i ~ < ~ - ;i i i a ( ~ ~ g I! s t ~y. i W ~ a i ~2# S d n 2 a ~ ~ ~ ~ ~ n, ' i i „~.,sz.w~.- ,~n....a,~e,.ai~r uo~,~e...~,u~ae~,..a~n,~a*~.~urv,'o-, ~ I ~ ~ ~ i ~ 51 a~ t 4 ~ r ~ ~ ` { ( ,5 j t ~ ~ { k t ~ 1 ~f r 4 ~ ~ y?f o k { 4 F ' ~ € St 1t 1 i " k ~I A ~ ..4~ .a 1 d i j 7 F; y.. 1 a ~ P i i { t r-,. 2 1. f - ~ 1 1 1 ~ .4 E ~ a r ~'x ~ , ¢ G r xSYk'~. a +`M1'fi14R~ c ~Sa$RiY3 4h x fl '90f1~1?1T ~*.tiA 0 ~ ~ tem.-Mw M.;m..,~.~ .**3neMm~~ r.~,a~....,. ,~.,.m--~.-,,, P. } i z ..rs . k .m f S ; - „ ~j'! o- ~ w ~ a, R ~ b ~ ~ v, j k p. 7 ` : z. k 'CF r 3± ~ ',.,CC°'. x 4 ff, M ~ ~ L @.~xTFi5i.3 i'."~9"- ~ eS..,'s~,~'t. Y » .4 :[i e~ g,'.Y" ~d ~ixa~ d, +e a R~i£kSkA ?a &.4' "u {""rye `mod. l%$ ,a ",'L"~S4 ~ g - II (f(Qkktt R f: ~ S ~ 1 ~ ~ 3 _j ~ . a:~ ~ ~ S I: - { i ~ z•`~l ~ ~ ~ r N , ....,T,.,~ 'i r ~ ~ ~ ~ ~ . ~ fix= - "a~~ i 1 tom'' ~ i Stz 47 MITE, AWAD Am N ;.meC✓"` '95.7' SOMME I X 1 i k e5ep" ! Tom'':. ,F`utr .c°' E " any p,e 1,, I IV 4'h t "a &IPM% *%VNWM mow sulwom t + 'fug ~ &x ,ie~ f~ ~z a ff IL IL A IL tom, ~ , ~ ,may t * ' haw ~ ac~n?' '~a . 8 w 44"tTH I' H E EIT x,~au "9 , ate" ' , w mow*"* st 'j F: E W F1 T I IUL M/Auu s~ ~ -500 WEST 29TH AVENUE P O. BOX 638 The City of WHEAT RIDGE. CO 80034-GE2S 1303) 23~-5900 Wheat City Admin. Fax 234-5924 Police Dept. Fax 2 2352949 Ridge POSTING CERTIFICATION $ CASE NO. PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, residing at n 'a m e W, I (a d dGr a s's7) as the applicant for Case No. W~ o^ that I have posted the Notice of Public Hearing at l t o a- ► I goo L411'-4,,u , , ~ . (1 o c a t i o n1 r on this 7_A!!~14day of", ~ 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 on tf and will be placed in the applicant's case file at the Department of Planning and Development. b G- I x Al1.T. q CORP. W MTN AVE , ~ 8 8 _SHUMWAY „ ' RE-SUB P w~cE 3w PGE <pc>posti rev. 05-1 - as is - TLAK f PA ~.K 5UB ..ws hereby certify case The Gay of 7500 WEST 29TH AVENUE Wheat WHEAT RIDGE, CO 60215-6713 (303) 234-5900 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 9Ridge January 21, 1998 Dear Property Owner: This is to inform you that Case Nos. WZ-98-2 and SUP-98-2, requests for a change of zoning conditions on property zoned C-1, Special Use Permit to allow for the continuation and expansion of a tire servicing facility including semi-trucks on property zoned C-1 and C-2 and with site plan approval including a 4' fence height variance located at 11800 and 11900 N. 44th Avenue 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 Thursday, February 5,1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. d\files\wp\for \pubnotic.wpd 4°0 RECYCLED PAPER Dear Adjacent Property Owner If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved. However, the planner will remain impartial regarding viability of the project. Keep in mind, that this pre-application neighborhood meeting is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council representatives to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property owner, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have any questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning and Development Department is open Monday through Friday 8:30 a.m. - 5:00 p.m. d\files\wp\for \neimtgs " SENDER: . Complete items 1 and/or 2 for additional services. I also vices to receive the following services (for r an extra fee): • Print your name and address on the reverse of this form so that we can return this cab to you 1. ❑ Addressee's Address . . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery . The Return Receipt will show to whom the article was delivered and the date tleliveretl. Consult postmaster for fee. 3. Article Addressed t¢ - 4a. Article Number P 966 013 660 o Richard J. Froz rs ki 4b. Service Type 11€ 75 W. 44th Ave o Wheat.Ridge, Co 80103 CERTIFIED 7. Date of Delivery -IF~ 11 ! 5. Received By: Print Name) 8. Addressee's Address C (ONLY if requested and fee paid.) rn dZGf~ 6. Signatur A essee or A gent) n 4 - X ( . SENT: PS FORM 111 , January ;1996 . DOf eStic Return REG ipt { f . Coml. . Print ' ' _ .n I to yr " o. t • Aftech this form to the (roof of the mallpreoe or o ne ~ date delivered. Consult postmaster for fee addle was delivered and the th e . The Return Receipt will show to whom Article Number- ^I 4a Article Addressed to' / f 3 . . P 966 013 661 i c ' 4b. Service Type C, Thou asr j 10819 W. 65 t P AR), CERTIFIED Arvada, CO c5. 04 O 4 9 i t f (n c:> t--. 7. Date of Delivery I ' I s Address I 8. Addressee S. Nam ecelve y: ( 2 ~ 00 (ONLY if requested and fee paid.) I I C 1 l I -a 6. Signature: (Addressee or Agent) I, X 0 t Domestic Return Receipt I PS FO _3811, January, 1996, 1. F 03 t I also wish to receive the i SENDER: rvices l following services (for an extra fee): I + , se t aMror z for additiona f .complete item 1 El Address an the reverse of this form so that we can return this ca Addressee' s sprint your name and atltlress to you. it i . vel 2 ❑ Re it . . { .Attach this form to the front of the mailpiece, or oa the back if space does rwt perm le was delivered and the data tleliveretl. ti C r fee. onsu It fO p03tmaSDf c f( r v The Return Receipt will show to whom the ar 4a. Article Number 3. Article Addressed to: i Pp 966 013 662 George L.--L,3,q.4E$,th 4b. Service Type x+35€) Tabor St CERTIFIED rlaeat Ridge, CO 85033' t ! 7. D Is of Del very ` ss 5. Received By Print Name) (ONLY if requested and fee paid.) ' e: (Addressee or Agent) Si n q , CL Do n Receipt 11, January 96 IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. 1 1 !ENDER Complete items i and/or 2 for additional services. . Print your name and address on the reverse of this form as that we can return this card to you. , Attach this form to the front of the mailpiece, or on the back 0 space does net permit. • The Return Receipt will show to whom the article was delivered and the data delivered. 3. Article Addressed to: 4a. . C'.e'OYg~.e Von 13Yelant 4b 4305 Tat or St Meat tAdge, CO 80033 7.1 I also ..Ish to receive the ! following services (for an extra fee): t. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. i rticle Number P 966 013 663 Type Ja. CERTIFIED ~f Deliv_x~..._ : `o a_~ sop -4a-a 5. Received By: (Print Name) 8. Addressees Hearers 1 (ONLY if requested and fee paid.) Ii I 6. Zr'I e: (Addre see or Agent) j i Domestic Return Receipt PS FORM , January 1996 i SENDER: I also wish to receive the j- . complete items t and/or 2 for additional services, following services (for an extra fee): • Print your name and address on the reverse of this form so that we can return this card 0 Addressee's Address • t cu. Attach this farm to the front of the mailpiece, or on the back if space does not permit Z. ❑ Restricted Delivery I, • The Return Receipt will show to whom the article was delivered and the date delivered, Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 966 013 664 :5ennirs Dick 260 Sutton Circle Lafayette, CO 80026 41b. Service Type X CERTIFIED live y e 7. Date f D t ~ Of Sup ' (Print Name) Address 8. Ad ssRe (ONLY if requested and fee paid.) c I ddres or gent) 4 Domestic Return Receipt , a PS FOR 1. ary! 96 c I also wish to receive the o SENDER: END dditional services. following services (for an extra fee): Complete items i and/or 2 for a erse of this form so that we can return this ! card 0 Addressee's Address R • Print your name and adtlress oo the rev Z Restricted Delivery n to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. d and the date delivered. Consult postmaster for fee. • The Return Receipt will show to whom the adicla was delivere Article Number 3. Article Addressed to: P 966 013 665 4b. Service Type _ 7 15745 US tt47Y 34 CERTIFIED Ft. Horran, CO X701 n (D (p 5. Received % CL rt ~0 i 6. Signature: P$ ORM 38 IMPORTANT! ' : 7. Date of Delivery Name) (ONLY if requested and tee paid.) r 1, January 1996 Domestic Return ecelp I l l SENDER: I also to receive the i Complete items 1 antl/or 2 for atlditi .ervices. j • Print your name and address on the reverse of this farm so that we can return this card following see ~es (for an extra fee): _ to you. t ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space tloes act permit. 2. ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 966 013 666 Partners Preferred Yield 41c. Service Type P.O. Box 25,051 CERTIFIED Glendale, CA 92221 7. Date of Delivery t\\Z-Qei'r~I SOP -4^4=,-'~ / - /1 Name) 8. Addressee's _ (ONLY if requested and fee paid.) 6. Signat Agent) Ps FOR, anuary: 1996 ; Domestic Return Receipt mIl 1 n o l l ,t SENDER: I also wish to receive the !ENDER: f ) ee : items 1 and/or 2 for additional services. following services (for an extra • Print your name and address on the reverse of this term so that we can return this card 0 Addressee's Address to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. El Restricted Delivery The Return Receipt will show to whom the article was delivered and the date tell Consult postmaster for fee. 3. Article Addressed to 4a. Article Number P 966 013 667 41b. Service Type Doris ti. Meakins 4340 Tabor :mot CERTIFIED CO 83033 Rid Wh ge, eat livery Received" By: ( tint Name) 5 see's Address ; . if (ONLY requested and fee paid.) Ign re (Addressee or Agent) / ✓~iV ~p ..fUp /h ~Sjl CRMM ,:January 19M, D c Return Receipt 1 „_Li I SENDER: I als;wish to receive the complete items 1 and/or 2 for additional services. following ces (for an extra fee): Print your name and address on the reverse of thisform so that we can return this cab 1. ❑ essee's Address to you. • Attach this form to the front of the mailpiece, or on the back if space tloes not permit. 2. ❑ ricted Delivery • The Return Recept will show to whom the article was deliveretl and the date deliveretl. Consustmaster for fee. 3. Article Addressed to: 4a. Article NumP 966 13 668 Rocky Mountain Fence Co 4b. Service Type 11722 W. 44th Ave Wheat Ridge, co 8033 CERTIFIED 0 rt Rae( H_\ N 0-1- 6. 6. Sigr X PS FO IMPORTAN'.. By: (Addressee or Delity 17 ic. 11.caa if requested and fee paid.) I, 1 January, 1996' Domestic Return Receipt I [6 t t~t is t. SENDER: - Complete items 1 antl/or 2 fr dicnal services. J wish to receive the -Print your name and address on the reverse of this form so that we can return to W, Ihis cab following services (for an extra fee): - • Attach [his form to the front of the mailpiece, or on the back if space does not per - The Return Receipt will show to who th mit. 1 . ❑ Addressee's Address 2' Restricted DeliverY m e article was delivered and the date delivered. 3. Article Addressed to: Consult postmaster for fee. 4a. Article Number P 966 013 672 i ~Uct'lael roe1.tzow I p 7 4291 Tabor St 4b. Service Type w 'Treat 3t32ge- Cc3 60n3 CERTIFIED 0 z, its- a 7. D e of Deliv _ f 5. Rec bed By: (Print Name) 6. A dressee's Address C z , - ) G (ONLY if requested and fee paid) 6. Signatu (Ad res ee r Agent) LJ X I Ps FORM 3811, y 1' 96 Domestic Return Receipt SENDER: - Complete items 1 and/or 2 for additional services. Print your name and address on the I also wish t rov reverse of this form so that we can retu - At following rn this card services (for an extra fee): W tach this form to the front of the mailpiece, or oa the back if space does not p • The Return Recei t 1 ❑ Addressee's Address ermit p . p volt show I. whom the article was delivered and the date delivered. 2 ❑ Restricted Delivery 3 Article: Addressed f or Consult postmaster for fee - . 4a. Article Number - vg1 P 966 013 671 119301 IJ . '_COTP 4tft "~'s eve 7 3 4b. Service Type - I iMxaa3t ?,4 g1;e °CO 80033 ~ CERTIFIED ~ -c SUP-Q - i t of De liv y ¢ -r! 5. RecevedBy: Print Name) li I C z ess 's Ad ress z Sign ure (ONLY ff requested and fee paid) i , o : else r Agent) _ 00 I i M3 11, January ;1 6 ; * Dome Retur ecelpt /~mol. Ipl~,l It d A SENDER: - complete items 1 and/or 2 for additional services. I also wish to receive the -Print your name and address on the revere, of this form so that we can return this card following services (for anextra fee):. C to you, 1. El Addressee's Address - - Attach this form to the front of the mailpiece, or on the back if space does not permit, 2. ❑ Restricted Delivery a - The Return Receipt will show to whom the article was delivered and the date deMered. 3 A ti l Add Consult postmaster for fee. . r c e ressed to 4a. Article Number P 966 013 670 f Poekne7 R. _ Brewer 41b. Service Type 3051 Joyce delay Golden, CO +8,04131 ' ~ CERTIFIED n 7 ~ U;Z-c14+- -n R 5. Received N 6. Signature X Name) 7. Date of Delivery 8. Addressee's Address (ONLY if requested and fee paid.) Agent) Will Ps FORM 3 11I; aanuar s Domestic Return Receipt IMPORTAR; - P 966 013 673 f SENDER: I also wish to receive the • Complete items 1 and/or 2 for adtluipnal services. return following services (for an extra fee): I 1; ❑ Addressees Address • Print your name and address on the reverse of this farm' so that we can ]hisFartl to yau. des not permit 2. ❑ Resfrieted Delivery • Attach this form to the front of the mailpiece, or on fire back it space o • The Return Receipt will show to whom the article was delivered and the date deliveretl CDrISUIt pOStmaSter for fee. 3 Article Addressed to: 4a. ArticleNumber P 966 0'13 673> National Auto/Truj* t®s b. Service Type r/ 3Di So. 9th St CERTIFIED Riclaamx;d, TY 77469 `t c Datii fDeliry; (2 5. Received ByA(Print Name) 6. SXgnature: ddressee r A erlt/ PS FOR 3811,,Jarluary 1,o 60. t "'8. Addr- esse`s Addte (ONLYrequests and fee paic ~ n.....oc+ir Rail inn' RPCBIDt• f tollowing?~ar vl4c V~q • Complete items 1 and/or 2 for adtldional services d address on the reverse of this formWso that ,we can Rtum ih(s ca(d 1 ❑MdreSSeerS Addre; . Print your name an to You. on the back if space does act permit 'L. El Restricted Delivery of the mailpiece, or WAttach this form to the front whom the article was delivered t and the date delivered. ~ Consult postmaster for fE o •:.The Return Receipt will show , 4a. Article Number i S_ Article Addressed trx P 9.66 013 669 Service Type 4b I ~~,~C!@ ~+r E2f3131h8 10012 So. @Ii2lor St - ~ . CERTIFIED " Lakewood, CO 80226 ° WAlf 7. Date v 15. Receeived By: (Print Name) 6. Signature: (Addressee or Agent) X PS FORM 381 , January 1g 6i. ]L rte} 0) O 8 Addressee's Address (ONLY if requested and fee pa Y P oo 1 I I I IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO J I THE RIGHT OF RETURN ADDRESS. ;E' NZ UHWY RT MO AN CO 80701-8306 RICHARD J. POZORSKI 11875 W 44TH AVE WHEAT RIDGE CO 80033-2454 THOMAS L. TREMBATH 10819 W 65TH PL ARVADA CO 80004-2712 GEORGE L. ISQUITH 4350 TABOR ST WHEAT RIDGE CO 80033-2421 BREHM GEORGE VON 4305 TABOR ST WHEAT RIDGE CO 80033-2420 DENNIS DICK 260 SUTTON Cl LAFAYETTE CO 80026-1016 AXIS ES EN W 44 2 WHEAT RID CO 8003 -2453 ALE V M NTS 1 30 TH # 33 H RIDGE 80033-24 3 HEINZ N. SILZ 15745 US HWY 34 FORT MORGAN CO 80701-8306 PARTNERS PREFERRED YIELD I PO BOX 25025 GLENDALE CA 91221-5025 DORIS H. MEAKINS 4340 TABOR ST WHEAT RIDGE CO 80033-2421 ROCKY MOUNTAIN FENCE CO 11722 W 44TH AVE WHEAT RIDGE CO 80033-2557 ARLENE EDITH HOBBS 1002 S MILLER ST LAKEWOOD CO 80226-7507 RODNEY R. BREWER 3051 JOYCE WAY GOLDEN CO 80401-1337 ALEXIS INVESTMENTS CORP 11930 W 44TH AV #200 WHEAT RIDGE CO 80033-2473 MICHAEL E. KOELTZOW 4291 TABOR ST WHEAT RIDGE CO 80033-2461 NATIONAL AUTO/TRUCKSTOPS 1 301 S 9TH ST RICHMOND TX 77469-3448 Name and Address Please Print 33 WZ-9 8~~-' NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on February 5, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WZ-98-1: An application by Karen Cleaveland for approval of a rezoning from Agricultural-Two and Residential-One to Restricted Commercial and for approval of a site plan. Said property is located at 1220.0 West 44th Avenue. 2. Case No. SUP-98-3: An application by Karen Cleaveland for approval of a Special Use Permit with a site plan to allow the sales and rental of recreational vehicles in a Restricted Commercial zone district. Said property is located at 12200 West 44th Avenue. The following legal description is for items 1 and 2 above: LOT 1 AND THE EAST 100 FEET OF LOTS 6 & 7, JENSON SUBDIVISION, JEFFERSON COUNTY. THE SOUTH 210 FEET OF THE NORTH 773.7 FEET OF TRACT 1, PEARL OF THE VALLEY, EXCEPT THE EAST 25 FEET THEREOF, RESERVED FOR ROAD, TOGETHER WITH TEMPORARY RIGHT-OF-WAY AS PRESENTLY EXISTING OVER THE PROPERTY TO THE WEST FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY FROM WEST 44TH AVENUE. 3. Case No. WZ-98-2: An application by J.W. Brewer Tire Company for approval of a . change of zoning conditions on property zoned Commercial-One located at 11800 West 44th Avenue. Said property is legally described as follows: PARCEL A: THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 10 FEET THEREOF, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTH %z OF THE EAST %2 OF THE NORTH 1/3 AND THE NORTH 3/5 OF THE SOUTH %i OF THE EAST %3 OF THE NORTH 1/3 OF LOT 11. LEE'S SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23. EXCEPT THE EAST 10 FEET OF SAID LOT 11; ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS: THE NORTH 125 FEET OF THE EAST %2 OF LOT 11, LEE'S SUBDIVISION. EXCEPTING THEREFROM THE EAST 10 FEET THEREOF, AND EXCEPTING THE WEST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. WITH THE FOLLOWING EXCEPTIONS: A PART OF LOT 11, LEE'S SUBDIVISION, BEING IN THE SOUTHEAST %4, NORTHEAST''/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST'/4 CORNER OF SAID SECTION 20, BEING MARKED BY A 30" LONG ALUMINUM, PIPE IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #84104808; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST %4 OF SAID SECTION 20, S89°9'12"W, 997.14 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF OF LOT 11 OF SAID LEE'S SUBDIVISION, N00°25'06"W, 81.22 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #92056019, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299. SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00°25'06"W, 28.00 FEET; THENCE N86°48'19", 165.96 FEET; THENCE S00°25'06"E, 34.99 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299; THENCE S89°13'07"W, 165.77 FEET ALONG SAID PARCEL DESCRIBED IN BOOK 1243, PAGE 299 OF THE JEFFERSON COUNTY RECORDS, TO THE TRUE POINT OF BEGINNING. CONTAINING 5,221-SQUARE FEET, MORE OR LESS. THE BASIS OF BEARING IS THE ASSUMPTION THAT THE SOUTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 20 IS N89°09'12"E. THE EAST 1/4 CORNER OF SAID SECTION 20 BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104808. THE CENTER OF SAID SECTION 20 BEING MARKED BY A 3-'/4" BRASS CAP, L.S. #13212, IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104807. and; A PART OF LOT 11, LEE'S SUBDIVISION, BEING IN THE SOUTHEAST %4, NORTHEAST'/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST'/4 CORNER OF SAID SECTION 20, BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #84104808; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 20, S89°09'12"W, 997.14 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF OF LOT 11 OF SAID LEE'S SUBDIVISION, N00°25'06"W, 81.22 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #92056019, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299; THENCE N89 ° 13'07"E, 165.77 FEET TO THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #82079921, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NO0°25'06"W, 34.99 FEET; THENCE N89°23'08"E, 156.13 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF TABOR STREET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF SAID TABOR STREET, S00°25'06"E, 34.53 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #92056019, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #82079921; THENCE S89'1 3'07"W, 156.13 FEET ALONG SAID PARCEL DESCRIBED IN RECEPTION 982079921 OF THE JEFFERSON COUNTY RECORDS, TO THE TRUE POINT OF BEGINNING. CONTAINING 5,427 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARING IS THE ASSUMPTION THAT THE SOUTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 20 IS N89°09'12"E. THE EAST 1/4 CORNER OF SAID SECTION 20 BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104808. THE CENTER OF SAID SECTION 20 BEING MARKED BY A 3-%4' BRASS CAP, L.S. #13212, IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104807. 4. Case No. SUP-98-2: An application by J.W. Brewer Tire Company for approval of a Special use Permit to allow for the continuation and expansion of tire service including semi-trucks for properties zoned Commercial-One located at 11800 and 11900 West 44th Avenue. This request also includes a site plan approval with a 4' fence height variance. 11900 West 44th Avenue: Lots 2 and 3, Block 1, Westlake Park Subdivision, County of Jefferson, State of Colorado. 11800 West 44th Avenue: PARCEL A: THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT. THE EAST 10 FEET THEREOF, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTH %z OF THE EAST %z OF THE NORTH 1/3 AND THE NORTH 3/5 OF THE SOUTH %z OF THE EAST %z OF THE NORTH 1/3 OF LOT 11. LEE'S SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23. EXCEPT THE EAST 10 FEET OF SAID LOT 11; ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS: THE NORTH 125 FEET OF THE EAST %z OF LOT 11, LEE'S SUBDIVISION. EXCEPTING THEREFROM THE EAST 10 FEET THEREOF, AND EXCEPTING THE WEST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. WITH THE FOLLOWING EXCEPTIONS: A PART OF LOT 11, LEE'S SUBDIVISION, BEING IN THE SOUTHEAST %4, NORTHEAST %4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST'/4 CORNER OF SAID SECTION 20, BEING MARKED BY A 30" LONG ALUMINUM, PIPE IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION 984104808; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST/ 40F SAID SECTION 20, S89°9'12"W, 997.14 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF OF LOT 11 OF SAID LEE'S SUBDIVISION, N00°25'06"W, 81.22 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #92056019, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299. SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00°25'06"W, 28.00 FEET; THENCE N86°48'19", 165.96 FEET; THENCE S00°25'06"E, 34.99 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299; THENCE S89°13'07"W, 165.77 FEET ALONG SAID PARCEL DESCRIBED IN BOOK 1243, PAGE 299 OF THE JEFFERSON COUNTY RECORDS, TO THE TRUE POINT OF BEGINNING. CONTAINING 5,221 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARING IS THE ASSUMPTION THAT THE SOUTH LINE OF THE NORTHEAST %4 OF SAID SECTION 20 IS N89°09'12"E. THE EAST'/4 CORNER OF SAID SECTION 20 BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104808. THE CENTER OF SAID SECTION 20 BEING MARKED BY A 3-%4" BRASS CAP, L.S. #13212, IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104807. and; A PART OF LOT 11, LEE'S SUBDIVISION, BEING IN THE SOUTHEAST NORTHEAST''/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST %4 CORNER OF SAID SECTION 20, BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX, FURTHER DESCRIBED IN RECEPTION #84104808; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 20, S89°09'12"W, 997.14 FEET; THENCE ALONG THE EAST LINE OF THE WEST HALF OF LOT 11 OF SAID LEE'S SUBDIVISION, N00°25'06"W, 81.22 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #92056019, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 1243, PAGE 299; THENCE N89°13'07"E, 165.77 FEET TO THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #82079921, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NO0°25'06"W, 34.99 FEET; THENCE N89°23'08"E, 156.13 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF TABOR STREET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF SAID TABOR STREET, S00°25'06"E, 34.53 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #92056019, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN RECEPTION #82079921; THENCE S89°13'07"W, 156.13 FEET ALONG SAID PARCEL DESCRIBED IN RECEPTION #82079921 OF THE JEFFERSON COUNTY RECORDS, TO THE TRUE POINT OF BEGINNING. CONTAINING 5,427 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARING IS THE ASSUMPTION THAT THE SOUTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 20 IS N89°09'12"E. THE EAST 1/4 CORNER OF SAID SECTION 20 BEING MARKED BY A 30" LONG ALUMINUM PIPE IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104808. THE CENTER OF SAID SECTION 20 BEING MARKED BY A 3-'/4" BRASS CAP, L.S. #13212, IN A RANGE BOX FURTHER DESCRIBED IN RECEPTION #84104807. ~ Z"'f a, el/nQ A Barbara Delgadillo, SecrBtary ATTEST: Wanda Sang, City Clerk To be Published: January 16, 1998 Wheat Ridge Transcript d...pbhrg.980205.phn 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 RECEIVED DEC 2 3 October 22, 1997 Ridge The Wheat Ridge Department of Community Development has received a request for approval of a Special Use Permit to allow the continuation & expansion of tire service including Semi-trucks in C-I and C-2 zones at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by January 7. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-98-2/Brewer LOCATION: 1! 800 and 11900 W. 44th Avenue REQUESTED ACTION: Special Use Permit PURPOSE: To allow the continuation & expansion of tire service including Semi-trucks. APPROXIMATE AREA: 6.09 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO . If "NO", please explain below. Unknown at present, addl. looped lines and easements anTHydrants may be needed to meet AFPD requirements 2. Are service lines available to the development? - YES NO X . If "NO", please explain below. Service lines and tap will be needed for the proposed building 3. Do you have adequate capacities to service the development? YES X NO. If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO . If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Owner will be regd. to give Valley a permanent easement if lines are needed that meet Please r Yoer Water Is R$'Mlis Department of Planning & Development DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Arvada) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation X Colorado Div. Of Wildlife X TCI of Colorado X Jeffco Health Department Jeffco Schools Jeffco Commissioners X Denver Water Board WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept- X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division "The Carnation City" The City of Wheat VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 FAX 424-0828 January 5, 1998 Meredith Reckert City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80214 Dear Meredith: In reference to case no. SUP-98-2-Brewer at 11800 and 11900 W. 44th Ave., Valley Water District has reviewed the request and offers the following comments: 1. Additional looped water mainlines and fire hydrants may be needed to meet Arvada Fire Protection District requirements. 2. Water service lines and taps will be needed for the proposed building. 3. If water mainlines and hydrants are needed to meet AFPD requirements, the owner of the property will need to give Valley Water District a permanent easement for lines that meet the Denver Water Operational Rules and Engineering Standards. If you have any questions, please contact me at 424-9661. Sincerely, I7~o~~Gk%~yN'~` Robert Arnold District Manager MEMORANDUM Approved Date TO: Meredith Reckert, Senior Planner FROM: Greg Knudson, Development Review Enginee DATE: January 6, 1998 SUBJ: J.W. Brewer Tire Company Expansion, 11800 & 11900 W. 44th Avenue, SUP-98-2/Brewer The Public Works Department has reviewed the Planning Department referral dated October 22, 1997 for the above referenced site, and has the following comments: 1. we will need a final drainage report which reflects the proposed expansion in conjunction with the final drainage report on file for the existing structure.. 2. We will need a 15-foot wide strip of right-of-way dedicated for the entire length of said property line along the Tabor Street frontage. 3. We will need engineered construction plans for those proposed public improvements, curb, gutter 4-foot wide sidewalk and asphalt paving, that will be required along the Tabor Street frontage of the property. 4. We will need a completed Dumping/Landfill Permit. In conjunction with the requirements of this permit, an erosion control plan may need to be submitted to the City for review and approval. 5. An acceptable form of guarantee (letter of credit, escrow or cashiers check) will need to be submitted for the value of (as determined by the cost estimate prepared by the project's consultant engineer) those public improvements required to be constructed per item 2 above. 6. We will require the appropriate platting document to consolidate the four parcels that now exist. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File DENVER WATER 1600 West 12th Avenue - Denver, Colorado 80254 Phone (303) 628-6000 • Fax No. (303) 628-6199 December 30, 1997 Ms. Meredith Reckert Haney and Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: Case No. SUP-98-2/Brewer Dear Ms. Reckert: The above referenced project expansion will require that the two new buildings each have their own separate tap, service line and meter. The property is located within the service area boundaries of the Valley Water District. It is, therefore, requested that the owner/developer of the property contact the District's Manager, Bob Arnold at 424-9661 about the District's requirements for water service. Water service to this site is also subject to compliance with Denver Water's Operating Rules, Engineering Standards and Charges. It is requested that the developer/owner contact the undersigned at 628-6108 about Denver Water's requirements for service. Sincerely, James F. Culligan Distributor Service Supervisor cc: Bob Arnold, Manager Valley Water District JFC:ipg N:WPVFCRECKERT.DOC mm"CONSERVE STATE OF COLORADO REFER TO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES v°R' DIVISION OF WILDLIFE o~ do AN EQUAL OPPORTUNITY EMPLOYER John W. Mumma, Director b y Ftrti N C✓,Y 6060 Broadway tj9. Denver, Colorado 60216 4'0F Telephone: (303) 297-1192 For Wildlife - For People January 02, 1998 Meredith Reckert City of Wheat Ridge Department of Planning & Development 7500 West 29th Ave Wheat Ridge, CO 80033 re: SUP-98-2/Brewer Dear Ms. Reckert: Due to the large number of referrals for comment we receive, we are no longer making afield visit to each proposed development site. Based on the small size of this site, and its location in an already-developed area, we would not expect this project to have significant impacts to wildlife or wildlife habitat. Should you feel that wetlands, prairie dogs, or some other habitat feature is present on this site, please give me a call at 291-7231 and we will make a site visit. Let me know if you have any questions. Sincerely, Dave Weber Habitat Biologist cc: John Hood, DWM DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director WILDLIFE COMMISSION, Arnold Salazar, Chairman • Rebecca L. Frank, Vice Chair • Mark LeValley, Secretary Louis F. Swift, Member s Jesse Langston Boyd, Jr., Member William R. Hegberg, Member s John Stulp, Member • James R. Long, Member Jefferson County Department of Health and Environment Promoting Health and Preuenting Injury and Disease RECENE D JAN Q 9 1918 TO: Meredith Reckert City of Wheat Ridge Department of Planning and Development FROM: Mindi Ramig Jefferson County Environmental Health Services DATE: January 7, 1998 SUBJECT: SUP-98-2 J.W. Brewer Tire Company 11800 and 11900 West 44th Avenue This Department has no objection to the proposed expansion of this tire company. We have no records of any existing underground storage tanks or ground contamination from waste materials for this property. If any of these conditions are found during the redevelopment, this Department must be contacted for investigation. My phone number is 239-7074 if you have any questions. Administration: Lakewood Offices: Arvada Offices: 1801 19th Street 260 S. Kipling Street 6303 Wadsworth Bypass Golden, CO 80401 Lakewood, CO 80226 Arvada, CO 80003 (303) 271-5700 (303) 232-6301 (303) 275-7500 Fax: (303) 271-5702 Fax: (303) 239-7088 Fax: (303) 275-7503 Conifer Offices: Hwys. 73 & 285 Mountain Resource Center Conifer, CO 80433 (303) 838-7552 Environmental Health: 260 S. Kipling Street Lakewood, CO 80226 (303) 232-6301 Fax: (303) 239-7076 JAN- 7-4° WED 7:27 AM P, I Arvada Fire Protection District FIRE MARSHALS' OFFICE P. D. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422-4589 FAX TRANSMISSION DATE: ~q ~i 19 9 COMPANY : r--,- T -ITT l.~ r Q. o G z ADDRESS t- _ I a-t> o w . 071, S47 . CITYs LA i- AAT P-0.0 7- Ca TELEPHONE: FAX s. Z2 a ` XIt A.& f4 FROM: e u r. S , COMMENTS: NUMBER OF PAGES: IF YOU DO NOT RECEIVE ALL PAGES PLEASE CALL 425-0650 ReceSved: 1/ 7/98 7:26AM; JAN- 7-H. WED 7:28 AM > CITY OF Wl"iT RIDGE; Page 2 Arvada Fire Protection District FIRS MARSHALS' orrice P. 0. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850 -FAX (303) 422.4569 January 5,, k99fl Ms. Meredith Reckert Department of Community Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, Co. 80034 RE: Special Use Permit Brewer 11800 and 11900 W. 44th Ave. Dear Meredith, P. 2 We have reviewed the site plan for this location for conformance with the 1991 Uniform Fire Code and have the following comments. 1. Fire protection is provided this site by Station 2, 12195 W. 52nd Ave. and station 6, 6503 Simms St. 2. The site plan scales do not match the drawing and a new drawing will need to be submitted. 3. Access to the proposed site will need to be a minimum of 20 foot access roadways, that meet the requirements of an all-weather surface, capable of supporting the imposed loads of 46,000 lb fire apparatus will need to be provided to within 150 feet of all portions of the building prior to above grade construction. UPC 91 10.203, 10.204(a),(b). 4. Gates will need to be a minimum of 20 feet of unobstructed width. UFC 91. 10.204(a). 5. Turning radius will need to be a minimum of a 43 foot outside and 30 foot inside with a four foot bumper overhang. UPC 91 10.204(c). 6. Fire lanes will need to be posted, "No Parking Fire Lane,, with signs that meet City of Wheat Ridge Standards. UFC 91 10.206. 7. The minimum fire flow based upon Type v-N construction will be 3,000 gallons per minute. Additional fire hydrant(s) will need to be provided at the site to meet flow distribution. UPC 91 Appendix 111-A. Received: 1/ 7/98 7:27AM; JAN- 7-98 WED 7:28 AM Page Two CITY OF W''4T RIDGE; Page 3 8. The water line in Tabor St. is a dead end line and looping of the water lines may be needed for additional hydrants. The Valley water District will need to make this determination. 8. Need information on the use and if storage of tires will be placed within the building. The storage of tires would need to comply with N.F.P.A. 231 D Storage of Rubber Tires. This may require that a fire suppression system be placed within the building. UFC 91 Article 81, N.F.P.A. 231 D. Sincerely, Arvada Fire Protection District ~eV@ i @ Deputy Fir, arshal P. 3 Received: t/ 7/98 7:27AM; JAN- 7-9$ WED 7:28 AM 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 October 22, 1997 Ridge The Wheat Ridge Department of Community Development has received a request for approval of a Special Use Permit to allow he ontin lion expand g ire service including . nit has sin C,r t and C 2 wnes_at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by January 7. 1928. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-98.2/Brewer LOCATION: 11800 and 11900 W. 44th Avenue REQUESTED ACTION: Special use permit PURPOSE: To allow the continuation & expansion of tire service including Setni-trucks- APPROXIMATE AREA: 6.09 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES-. XX_ NO` If "NO", please explain below. 2. Are service lines available to the development? YES_XK_ NO_. If "NO", please explain below. 3. Do you have adequate capacities to service the development? YESx_ NO_ if "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES__X,IL NO_ If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Please see attached letter. Please reply to: redith Rg-ghert Department of Planning & Development DISTRIBUTION: X Water District (Valley) X Sanitation District(Fruitdale) X Fire District (Arvada) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation X Culcrado Div. Of Wildlife CITY OF W4T RIDGE; Page 4 X TCI of Colorado X Jeffco Health Department Jeffco Schools Jefleo Commissioners X Denver Water Board WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Ree Commission WHEAT RIDGE.. Forestry Division X WHEAT RIDGE Building Division "The Carnation City" The City of Wheat Y V Z c C Y L O%= O ^ EJ O O V C A n w C v G L C i E L O w°. . L O v O `o : a _ : v v Eo3 v p < mono E `o ^ ; uC 9 O 9 OV3- O O d6C LPL n9°' m S.n AE~~ XY L~l ?L o - ° n_ 3V O n E u9> n E ^ Y >,~E [J V F Y C y V : 9 C L G 9 V '^d' C w. ] L S O _`V, L qu'_ L s ? aE o.. 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L" F b Wd3 w d L d N J O N n i m 6 X U d m C L O N E N N N a O c. u 3 E m M U w L d N c L > d ° x r- O N (h 00 r O co j a F - H m H S X w a a W a W H rn EA rd 04 FA xw wh i0 'i HH o~ oU w0 Wrn H O ~A E] W ~ EW-l ° O HWrSSr~~ H fo~ NEa .TWO WU 0 rq z E-H H HWm 0.. m m ^ L' P E-4 PSI O 0 04 w zw -+w 0 W°HEm p o He w cn H W k+ W 4 E k i 04U m W m O W E z9SW w Oa ~ r' k. -l 0 0 ra m E-4 E-4 i dExW~ QP Z O WU W 0% - ZOxoo G,W0 r4 C,4 3- ~q 1-1 W ° 8 --q o FaE 4 WW OwH C~ H OLC s~ N W a W z & ti p' H H W W Ex'' . _ E-EHxEW W WE 03 N FL M x W H H W a U W O ~ ~ 44 0 WC-4 OWW °HN E+ .-a w- a w a H ' _ H M W ) F O E-1 1-1 4 44 L x~ C,000Q044 NW P4 W ,i 14 ca E E 4 zH o t~ in - ;g 94 a w o P4 pp to +06U4 x W W r Nm.4 W W EUX P4 s MWO - The City of Wheat ADMINISTRATIVE PROCESS APPLICATION G Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applican ,jA),&0F,WAEA , eCC> Address 14P C1 0() 1 Phone q12'-Z'300 Owner*Z ,Wj=K,r L4a~ i-.8gg,,,/2Address tIg00Wgqi~', v, PhoneYLy-z?p0 Location of request 1 p 4-11 Q60 IV, Liq 7w j fel' ni' eop 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/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat 8 Final Solid waste landfill/ n See attached procedural guide mineral extraction permit for specific requirements. ❑ Other ~ n Detailed Description of request '5UPj-,7tr7~1jULW PM01,1AL-ZO titLL0C J C0N4 List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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- MAor-XIS from the owner which approved of this acti on his behalf. 7 N /~jSCp/~ Signatur e of Applicant Subscribed and sworn to nj)e this 1-6- day of ~ 19 o SEAL ary Public My Commission Expires January V, 1 My commission expires Date Received /2- /6 ' Receipt No. Cpo`l SS`f Case No. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge FAX 303/234-5924 March 31, 1998 Mr. Brewer and Mrs. Castle 11900 W. 44th Avenue Wheat Ridge, CO 80033 RE: Reimbursement fees for publication/public noticing of WZ-98-2 & SUP-98-2 Dear Mr. Brewer and Mrs. Castle: A reminder that we show an outstanding balance for the above-referenced cases of $285.00 for publication and public notice fees incurred by the City in processing your applications. At the time the above cases were filed, the City's fee schedule stated: "the applicant is also responsible for the direct costs of legal publications and adjacent owner notifications. The sum of these costs must be remitted to the City upon final action." As per our letter to you dated February 9, 1998, the outstanding balance was to be remitted to the City no later than March 12, 1998. Until payment is received, no future application on your behalf will be processed. Payment should be made payable and sent to: City of Wheat Ridge Planning Department 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Barbara Delgadillo Should you have any questions, please feel free to contact me at 235-2846. Sincerely, Barbara Delgadillo Planning Secretary /bd U-) CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT DEPARTMENT INVOICE NAME '2h=,XL u r Pi ~ DATE: CASE NO.~Z-~~-cal SUP- FEE TYPE FEE CHARGE ACCOUNT NUMBER Application Submittal See Fee Schedule 01-550-01-551 Publications/Notices See Fee Schedule s~ 01-550-02-551 24" x 36" Blue Line $ 3.25 01-550-04-551 24" x 36" Mylar Copy $ 6.00 01-550-04-551 Single Zoning Map $ 2.00 01-550-04-551 Set of Zoning Maps $20.00 01-550-04-551 11" x 17" Color Map $ 2.00 01-550-04-551 Comp. Plan Maps $ 2.00 ea. 01-550-04-551 Comp. Plan Book w/Map $25.00 01-550-04-551 Fruitdale Valley Master Plan $ 2.50 01-550-04-551 Subdivision Regulations $ 4.50 01-550-04-551 Zoning Ordinance $15.00 (does not include annual updates) 01-550-04-551 Copies $.15/page 01-550-04-551 Copy of Meeting Tapes $25.00/tape 01-550-04-551 Miscellaneous: 01-550-04-551 TOTAL COST: g 06 eApImning\forms\invoice CITY OF WHEAT RIDGE 12/15/97 10:08 AN c(lb ALEXIS INVESTMENTS RECEIPT NOeC004554 AMOUNT FM5D ZONING APPLICATION F 100.00 PAYMENT RECEIVED AMOUNT UK 2143 100.00 TOTAL 10100 CITY OF WHEAT RIDGE 04:06/96 1202 PM cdb Alrxi inves'trients Co RECEIPT NO.C005133 MTMT FMSD ZONING REIMBURSEMENT 285.00 PATENT RECEIVED RENT CK 2212 283.00 TOTAL 285.00 Name and Address Please Print _ b '~33 Intermountain West's Largest Independent Tire Dealer J.W. BREWER TIRE CO, INC. 11900 W. 44th Avenue • Wheat Ridge, Colorado 80033 (303) 422-2300 • Fax (303) 424-8714 Dear Neighbor: November 28, 1997 Please find enclosed an. official notice from the City of Wheat Ridge which informs you of our intent to file an application for approval of a Special Use Permit, and an invitation to attend a pre-application meeting at which we, - and city staff, will answer questions which you may have concerning the proposal. Since the official City notice is not very informative, I wanted to provide more information to you, so that you may better understand what we have planned for the site, and how it will integrate into this neighborhood, without creating adverse impacts on the neighborhood. The proposed use is summarized as follows: • LOCATION: The area included in this proposal is generally located at the southwest comer of W. 44th Ave. and Tabor St., a 3.8 acre site which includes the old gas station, Johnnies' Auto Repair, and the recreation vehicle storage lot. It abuts our existing J.W. Brewer Tmck Tire facility, which has operated at 11900 W.44th since 1983. • PROPOSED USE A new 12,000 square foot truck tire service building would be constructed near the center of the RV storage lot. It would be used for providing truck fire services including mounting new tires and repairs. The building would be single story, about 24 feet high, and would be constructed of similar architectural materials and style as our existing building to the west. The intent is to shift this function from our existing building, where these uses have operated since opening in 1983, and use the existing building for office, shipping, receiving, and warehousing. • ACCESS: Since large trucks are the primary focus of our business, as it has been for the past 15 years at our existing location next.door,-we want to ensure that there will be. no additional traffic impacts to the . neighborhood. Hence, all access will be directly from W. 44th Ave. There will be NO ACCESS to or from Tabor St. • DRAINAGE: All drainage will be engineered to be collected on-site, and conveyed into the storm sewer in W. 44th Ave. • SITE DESIGN & NEIGHBORHOOD IMPACTS: We are sensitive to the fact that our neighborhood has a mix of both commercial and residential uses. The proposed site layout including fencing, landscaping, setbacks, lighting, building design, and daily operations is intended to minimize external impacts, esoecially to the residential neighbors. We want our property to be an asset, rather than a detriment, to the neighborhood. We will remove the old gas station and upgrade the W. 44th Ave frontage with landscaping similar to that which we developed in front of our existing facility, next door. The fence along Tabor St. will remain intact. The auto repair business will remain, however, new landscaping will be added in front. We will have a preliminary concept site plan at the neighborhood meeting for your review and comment. If you have any questions or concerns, please plan to attend the neighborhood meeting at our existing J.W. Brewer building at 11900 W. 44th Ave., Tuesday evening, December 9th, at 6:30 P.M., and/or call us at 422-2300. We hope you will support our proposal! Sincerely yours, Alex L. Brewer, President With locations serving: Colorado, Wyoming, South Dakota, Nevada, New Mexico, and Utah CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING FOR SPECIAL USE 1 JFP. 1 112 F (.n . IS PROPOSING PERMIT FOR Ht I c TH ON PROPERTY LOCATED AT W y v re THE LOCATION OF THIS MEETING IS 11q00 THE PURPOSE FOR THIS PROPOSAL IS 1~) F , ~ F / a 0 41, SPECIAL USE The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or or 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 ADDRE S PHONE I ~1 7 P-OA.)7 W IA 00 u/ ~/3sa T~-~o R. 4o~t -flit it ~fo m SHOP. old r Avi Totes .41dh y 74do4 Lkke COILntQ. All L4kz- 1,413 oR. .4NOTNe it Sea, 1 SNo~ wo~l(~ be on V IF of T *w L ke. Loo%',ny fibs Al E. co.tnt2 I TAWR PRopom , A- I i A-11 D c- I PGD Id-E3-16 ANT 1 R=G o _ - -3 x v All H MTH AVE & 8 R t^ESTLAKE - E 5LB PAR G_2 yp_ 4 r ACE Z THE G-.. I h 7 , wo / 7/1 F n ' / o PGD o 0 A- 2 4_ I > ti ER R - _ }a sjLA t ~PA K SVE : _ cIJSEN J l " -SHUMNAY r McI R L RESUB A- 1 .`.:i1g ~A{ N 4]IO AVE V-ly ~ ~ ~ 1 .1 F :J 1 I 1 . .1 t, 1 .-7 7 - rr(-~ N ;~yn - - tl t. It - - ' i.'. 1 i.7. ti 9 ae u Sims ST tt45E $ 4 $ VT-1 Policy Recommendation: a. Develop a bicycle lane along the south side of West 44th Avenue which can drop south to the bike path on the greenbelt along Clear Creek. There are several routes proposed (see Exhibit D), which involve utilizing easements, adding bridges, underpasses and/or traffic lights to provide safe routes to the local schools. B. Land Uses Problem: 1. There has been a problem with undesirablg or incompatible uses in the past and the same danger exists in the future. 1 Policy Recommendation: 1 a. Incompatible and undesirable uses should be excluded. This includes ( activities such as industrial or commercial uses which involve handling and transporting of dangerous materials, outside storage or storage of bulk materials. This would also include activities like "adult entertainment". b. Low intensity or residential uses need to be protected from incompatible uses. This can be done through buffering techniques. (Example: Low density residential can be next to moderate density residential, can be next to office/neighborhood commercial). Physical buffering techniques are discussed in Paragraph C. ".Site & Building Design". Prnbl eme 2. Some uses cause nuisances to adjacent areas such as noise, odor, visual or other pollution. Policy Recommendation: a. Require high quality buffering through landscaping, setbacks, fences, etc., as well as site design which protects adjacent properties. C. Site & Building Design Problem: 1. There is concern that new buildings will be high or unattractively designed, posing unsightly views to adjacent neighbors, or blocking views altogether. Policy Recommendation: a. Promote high quality design of the building in terms of materials as well as sensitivity to adjacent uses regarding height, scale, orientation, etc. IX-25 Problem: 2. There is also concern about site design which causes problems with drainage, glare, shadows, etc. Policy Recommendation: a. Promote high quality site design which buffers neighbors from negative impacts. This includes high quality landscaping, setbacks, site layout and lot coverage, good lighting, quality design of parking areas as well as driveways and appropriate drainage. D. Property Value Problem: 1. We are concerned about deterioration of our residential areas by encroachment of commercial use. This particularly applies to expansion of Commercial development along West 44th Avenue. Policy Recommendation: a. Contain and cluster general commercial activity along West 44th Avenue to major intersections and areas where these uses currently exist. Allow those neighborhood commercial uses elsewhere along West 44th Avenue. Promote adjacent uses which are of graduated intensity, such as discussed in Section B. "Land Uses", where possible. . Probl Pme 2. There is concern about lack of code enforcement and its effect on property values. Policy Recommendation: a. Implement code enforcement which requires maintenance of landscaping, parking areas; drives, curb cuts, etc. III. IMPLEMENTATION: In order to address the concerns, issues, and policy recommendations stated above, the following implementation strategies shall be used by Planning Commission and City Council in reviewing applications for rezoning, subdivision or special use permit approval. A. The Master Plan Map for Land Use and Street Systems for the Valley Area shall serve as a guide for future rezonings, subdivision, and special use permits. All future rezonings and special use permits shall conform in use and character to those land use categories illustrated for any particular area. Additionally, street systems shall be required to be developed in accordance with the location and classification illustrated. IX-26 I B. All future rezoning and special use permit applications for properties which lie within the boundaries of this Master Plan area which are designated as high density residential, neighborhood commercial, nffLee, and -general commercial shall die -required to submi-t -a site -plan for review and approval as part of the application process. Such site f plan shall provide adequate details illustrating. r 1. Proposed site usage. 2. Overall.character of the development. I` 3. Site layout, including character and layout of buildings. 11 e 4. Parking, street access and street improvements. 5. Landscaping. 6.• Methods to integrate the proposed development with adjacent properties, including methods to mitigate_potential negative impacts on residential properties. 7. Drainage. Such site plan, upon approval, shall become a condition to zoning or special use permit approval, and shall be used for site development and use and for future code enforcement action, if needed. 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