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Home My WebLink AboutWZ-98-08Ccu~nty n RECEIPT 2 45-7 7 O DATE 7 /08l1448 260502 CJol 0 1 ( RECEIVEDFROM RC074-WHEAT RIDGE CITY CLERK FOR RECORDING e"w oo ACCOUrrra6. -057- RQ1MP/! s; BEO, BALANCE'', 785.50 A{; BAC.'ADJUS,TE6'r 77.00 ' 708.50 -MON AMOUNT 77.00 1~ ~>4/ JEFFERSON COUNTY CLERK & RECORDER BY CRH Denelopment.Specialists- 3000 Youngfield St. Suite 285 Lakewood, CO 80215 (303) 232-8598 .'FAX ' (303) 232-3252 r ~ EXHIBIT B 44'h Industrial Park A) Statement of Proposed Zoning: The 44`h Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users. The rezoning request is from Jefferson County MC Zone (Mineral Conservation) to City of Wheat Ridge PID, Planned Industrial Development. B) Proposed Use Use Area 1 Permitted Uses: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally constructed building. 2) Wholesale sales, warehousing, including mini-warehouses (not to exceed atotal land area of 2.2 acres), or storage of any commodity with the following exceptions: (a) No commercial explosives may be included. (b) Sales, warehousing, storage, collection of materials, including machinery or vehicles not in operating condition, may be permitted only if contained within a fully enclosed building. 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) foragriculture, mining, industry, business, transportation, building and other construction. 5) Repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. 6) Veterinary hospital. 7) One combination motor vehicle gasoline filling station, car wash, and/or convenience store, not including such facilities and services for semi-tractor trailer trucks. Any use reasonably interpreted as a truck stop shall not be permitted. 8) All office uses, except banks and other financial institutions. 9) Laboratory 10) Research and development facility. 11) Micro-cell or repeater telecommunications facility. 12) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. 13) Accessory use of outdoor storage to principal building use shall be permitted on all lots outside buildings as long as the storage area is screened from public view and with a solid screen fence 6 feet high. No storage materials shall be allowed in front yard setbacks. Storage areas need not be hidden from over-view from adjacent roads. No storage shall be over 6 feet in height except vehicle and equipment that are associated with the principal use of lot. 14) No outdoor firearm or gun range shall be permitted. 15) The repair and maintenance of motorized vehicles and associated accessory equipment. Said use shall be permitted only if contained within a fully enclosed building. City ordinances relative to vehicle idling and noise shall be adhered to. This permitted use is not applicable to Use Number 7 as previously listed. No semi tractor/trailer repair will be allowed and no heavy vehicle repair shall be allowed on this site except for minor accessory use to an industrial use. Semi trucks shall be allowed for delivery and pickup only. Casino bus storage shall not be allowed. Use Area 1-A Permitted Uses (0.7 Ac. west of railroad track) 1) Parking, excluding semi-tractor trailer trucks. 2) Railroad access. 3) Accessory uses to existing contiguous property user to west. 4) No outdoor firearm or gun range shall be permitted. 5) Casino bus storage shall be allowed. Use Area 2 Permitted Uses 1) Open Space 2) Landscaping. 3) Fencing, as may be necessary 4) Project entry monumentation 5) Vehicular access Use Area 3 Permitted Uses: 1) Designated native or natural open space (Use Area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed by the planting of native grasses suited for this area. This area is bounded by West 44`s Avenue southerly to the alignment of the Reno Ditch. C) Site Data Total Property Area Area 1 (Outline Development Plan) Maximum Building Coverage Maximum Building Height Landscape Coverage - minimum per lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parking Off street parking requirements will adhere to the following standards. 51.05 Acres 39.5 Acres 45% 50 Ft. 10% 90% .45 FAR 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. Area 1-A 0.7 Acres Maximum Building Coverage 45% Maximum Building Height 50 Ft. Landscape Coverage - minimum per lot 10% Total Lot Coverage by Structure, paving and storage 90% Gross Floor Area maximum .45 FAR Parking Off street parking requirements will adhere to the following standards: 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height Area 2 (Landscaping, Fencing and Signage only) 0.25 Acres Landscaping Coverage 100% Maximum Sign Height 10 Feet Maximum Sign Face 80 Sq. Ft. Maximum Number of Sign Faces Minimum Sign Setback 8 Feet Notes: 1. Required corner vision triangle criteria of the City of Wheat Ridge shall be met. 2. Entry signage or monumentation shall be allowed to be lighted by either ground mounted lighting or interior non-glare lighting. Area 3 Native/Natural Open Space 10.6 Acres D) Building Setbacks: Area 1 & Area 1-A Minimum Front Yard (Internal Street) 30 Feet Minimum Side Corner Lot 30 Feet Minimum Side Yard (Internal Lot) 10 Feet Minimum Rear Yard adjacent to street or highway 30 Feet Minimum Yard to Rear Property Line Fence Interior to Property 10 Feet Minimum setback for lots adjacent to 44`r Avenue 50 Feet E) Parking Lot Setbacks Minimum Front Setbacks to any Parking Lot 10 Feet Minimum Side Setback for any Lot 5 Feet Minimum Rear Setback to Interior Lot 10 Feet F) Lot Access Vehicular access to all lots will be from internal streets except for Use Area 1-A west of the railroad tracks. G) Multiple Lot Ownership In case of multiple lot ownership by the same purchaser/owner, side setback and otherrelated requirements as they would effect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H) Open Space and Landscaping 1) The minimum percentage of landscaped area per lot shall be 10%, but not less than 67% of this 10% landscaped area shall occur in the front setback area to building. 2) Additional on lot landscaping may occur at owner's choice. 3) The following minimum sizes apply wherever landscaping is required: Deciduous shade trees 2 % caliper Evergreen trees 6 'height Ornamental trees 1 %2 caliper Shrubs gallon container 4) Maximum amount of high water consumption sod (i.e. Bluegrass) shall be 50% of landscaped area. 5) Two ornamental trees may be substituted for 1 deciduous shade tree, as required. 6) The ratio of coniferous trees shall be 60%. 7) All other turf shall be a blend of grasses native to this area. 8) Other landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses. 9) Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. 10) Any one of the following techniques may be used to landscape areas adjacent to 44`' Avenue, (for only the length of development where lots are adjacent to 44`b Avenue, - the entry west to Reno Ditch) and interior street and parking areas on individual lots: (a) Within a minimum strip of 10 feet, provide shrubs at a spacing of 5 feet on center with a minimum of 1 evergreen tree every 20 feet of length of landscaping. (b) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of 1 evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. (c) Within a minimum width of 10 feet provide a 3 foot high opaque fence or wall. A minimum of 1 tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. 11) Landscape treatment on rear of lots that back up to State Highway 58. The entire length of Highway 58 shall have a 6 foot high black clad chain-link fence with 3 strand security barb wire on top. The landscape treatment along Highway 58 abutting adjacent lots in a 10 foot irrigated strip shall be: 1 evergreen tree (minimum 6 foot height) and 3 evergreen shrubs (minimum 5 gal. size) every 25 lineal feet. 12) Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. 13) Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plan. Such areas shall be deemed to include the subject property and that portion of any adjacent public street right of way, from the property line to the back of the adjacent curb. 14) Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same or similar type as set forth above. Substitutions with other types of plant material may be made only with City approval. Replacement shall occur within one growing season. 15) Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads, sidewalks and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept clean and free of any obstacles. I) Sienaee Unless otherwise noted in other areas of these regulations all signage shall be in accordance with Section 26-401 of the Wheat Ridge Code of Laws. J) Lighting All exterior lighting shall be in accordance with Section 26-30(S) of the Wheat Ridge Code of Laws. K) Architectural Treatment - Building Fronts The architecture will be of wood, wood beams, and masonry (stone), metal, tiltup concrete and stucco. Colors and textures will be natural and earth tones. City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Martin Omer, AICP SUBJECT: 44"' Industrial PID DATE: May 14, 1998 I received permission from Tom Hartely to do a site inspection of the 50 acres today. I felt this was important due to either Terry or Janelle's question on Monday night regarding the Prebles Mouse. As you know, the Reno Ditch crosses a significant portion of the subject property, which was flowing the day of my visit. I also observed one small area which had standing water with vegetation normally indicative of wetland. Attached are two recent newspaper articles concerning the Prebles mouse and its' habitat. Roger Venables says that Tom Hartley has some type of permitting (Army Corps?) regarding the wet area. I have a call into Tom regarding this and our getting a copy of whatever he has on this. Preble's meadow jumping mouse //////yyyyyy • Scientific name: Zapus hutlspnius dent omblei • Description: 3 inches long with 6-inch tail, brown fur, long hind feet adapted for jumping. • Behavior: Shy, nocturnal. • Habitat: Moist lowlands with dense vegetation. Found only at interface of Great Plains and Rocky Mountains from southeast Wyoming to Colorado Spnngs. • Food: Seeds, fruits and insects. • Litters: Two or three a year, averaong five young, in grass-lined nest. • Winter: Hibernates underground in burrows from September to May. • Status: On the threatened species list. source: U.S. Fish and Wildlife Service Mouse classified moos 0 Sdes where Preble's mouse has hreatened' been captured since 1990 as t Romer, Babbitt agree that designation for subspecies will allow more local discretion D 0 cies of meadow mice, is found only in wetlands along the Front Range between southern Wyoming and Colorado Spnngs. It is 3 inches long with a 6-inch tail and has long hind feet adapted foriumping short distances By Gary Gerhardt Its livelihood is tied to wetlands Rxky.Ylounialn News Seer' wnta> where it eats seeds, fruit and in- CASTLE ROCK - Interior Sec- seas in preparation for hiberna- tion from September to May retary Bruce Babbitt used a scenic Babbitt said classifying it as a - wetland south of here as a back- drop Tuesday to announce the threatened species is in concert _ ve, Preble's meadow jumping mouse with an agreement he signed with Gov. Roy Romer in 1995 to work will be classified as "threatened" under the Endangered Species together with Colorado to prevent , Act species from becoming endan- . By not classifying it 'endan- gered' there is more flexibility for g eRomer joined Babbitt say ng, ^T lit issue is bigger than just his - state and local governments and landowners to play a part in estab- species. Colorado is growing and sp ado lishing rules for its recovery," will continue to grow, and we sim- ply must fi nd ways to direct this n Mountain Ne%w Babbitt said. The mouse, one of 12 subspe- growth and grow smart so we could preserve our quality of life." Romer said dealing with declin- ing and endangered species is a reality and the state's growth and economic prosperity have impact- ed the key habitat and threatened the status of native wildlife spe- cies. "Given this, we have two choic- es," Romer said. "We can either face the heavy burden of the regu- latory act or step up to the plate and work with Interior to develop approaches that will protect the habitat and allow for continued economic growth." Romer said much credit is due to the Colorado Department of Natural Resources, Division of Wildlife and Great Outdoors Colo- rado for money contributed to searching for the mouse and pro- tecting its habitat. He also thanked Rep. 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F06 445 56.00 PG: 0001-011 744 RECORDED IN JEFFERSON COUNTY, COLORADO 7/08/1998 9:53:58 INTRODUCED BY COUNCIL MEMBER Council Bill No. 13 Ordinance No. 1117 Series of 1998 AN ORDINANCE- ZONING CERTAIN PROPERTY KNOWN AS 44'h AVENUE INDUSTRIAL PARK PARCELS ONE AND TWO AND GENERALLY LOCATED SOUTH OF 44Ta AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS PLANNED INDUSTRIAL DISTRICT (PID) PURSUANT TO SECTION 26- 6(C) OF THE WHEAT RIDGE CODE OF LAWS AND AMENDING THE ZONING ORDINANCE AND MAP TO CONFORM THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Findines of Fact. (A) Application has been made for zoning certain property described on attached Exhibit A, within the City of Wheat Ridge, Colorado, to Planned Industrial District (PID), as prescribed in Section 26-6(C) of the Wheat Ridge Code of Laws. (B) Public notice has been given of such zoning by one publication in the Wheat Ridge Transcript, a newspaper of general circulation within the City, and the off icial newspaper of the City, at least fifteen (I5)`days prior to the hearing of such zoning. (C) Written notice was sent by certified mail to all adjacent property owners and owners of the property under consideration, at least fifteen (15) days prior to the public hearing. (D) Notice of such proposed hearing was posted on the property for fifteen (15) consecutive days prior to said hearing. (E) A need exists for zoning of this property Planned Industrial District (PID). Section 2. The property described in attached Exhibit A is hereby zoned Planned Industrial District (PID), subject to the conditions set forth below. E - (A) The property shall only be used as provided in Section 26-25 of the Wheat Ridge Code of Laws, except for any special considerations set out in the Annexation Agreement attached to the Annexation Ordinance. (B) Exhibit B lists the uses permitted on the property and is herewith made a part of this Ordinance. Any proposed changes to the list of permitted uses shall be submitted to the Director of Planning and Development for his/her determination as to whether said changes can be incorporated through an administrative action or require an amendment to the Planned Industrial Development. (C) The Outline Development Plan is herewith made a part of this Ordinance as Exhibit `C' and shall be recorded with the Jefferson County Clerk and Recorder. Section 3. The zoning ordinance and zoning map of the City of Wheat Ridge, Colorado are hereby amended to conform with the zoning change to the property. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgement shall not affect application to other persons or circumstances. Section 6. This ordinance shall become effective fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13 th day of April 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 11 , 1998, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second an final reading by a vote of 5 to 3 , this i l thlay ctr may , 1998. Ordinance No. Page 2 SIGNED by the Mayor on this 12t-hday of M,y 1998. RETCHEN CERVENY, MAYOR APP AS TO FO BY ITY EY Gerald Dahl, City Attorney Published: 1 st Publication 2nd Publication Ordinance No. Wheat Ridge Transcript April 13, 1998 May 15, 1998 Page 3 EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 19 AVD IN THE `REST 1/2 OF SECTION 20, ALL IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19, THENCE S00008'41"E, 35.28 FEET ALONG. THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 44TH AVENUE CONVEYED TO JEFFERSON COUNTY AS DESCRIBED IN WARRANTY DEED RECORDED' IN BOOK 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO,' AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY, 107.62 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT OF TANGENT, SAID' ARC HAVING A RADIUS OF 995.00 FEET', A CENTRAL ANGLE OF 6011'50" AND BEING SUBTENDED: BY 'A CHORD THAT BEARS N80022135"E,.107.57 FEET; THENCE N77016'40"E, 3093.84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST. 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; HENCE EASTERLY, 315.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING, _ARADIUS OF 1392.50 FEET, A CENTRAL ANGLE OF 13000'00" AND BEING SUBTENDED BY A CHORD. THAT BEARS N93046'40"E, 315.27 FEET; 7HENCE S89043'20"E, 530.82 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST. 44TH AVENUE TO THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20; S00005'46"E, 119.94 FEET ALONG THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID: S.ECTICN 20 -TO THE MOST NORTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE: DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY, DEED, R.COR--ED 1". BOOK 1859 AT PAGE 72 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO; ..-iENCE S64020'29"W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND• AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72; THENCE 531024'20"W, 609.87 FEET ALONG THE NORTHWESTERLY, LINE OF THAT TRACT OF LAND: AS DESCRIBED IN SAID BOOK 1659 AT PAGE 72 TO THE EAST-WEST CENTERLINE OF SAID SECTION 20; i .HENCE S99023'29"W, 971.10 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20: TO THE W1/4 CORNER OF SAID SECTION 20; THENCE S00022'26"W, 275.38 FEET ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 20; TO THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OFj HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO AS DESCRIBED IN SPECIAL WARRANTYi DEED RECORDED IN BOOK 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO;' THENCE S87015'49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS' DESCRIBED IN SAID BOOK 2177 AT PAGE.367; THENCE N76006'56"W, 199.73 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS: DESCRIBED IN SAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION. 19; THENCE N00008'41"W, 278.94 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. EXHIBIT B 44`h Industrial Park 5i A) Statement of Proposed Zoning: The 44`h Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users. The rezoning request is from Jefferson County MC Zone (Mineral Conservation) to City of Wheat Ridge PID, Planned Industrial Development. B) Proposed Use Use Area 1 Permitted Uses: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally constructed building. 2) Wholesale sales, warehousing, including mini-warehouses (not to exceed a total land area of 2.2 acres), or storage of any commodity with the following exceptions: (a) No commercial explosives may be included. (b) Sales, warehousing, storage, collection of materials, including machinery or vehicles not in operating condition, may be permitted only if contained within a fully enclosed building. 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) for agriculture, mining, industry, business, transportation, building and other construction. 5) Repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. 6) Veterinary hospital. 7) One combination motor vehicle gasoline filling station, car wash, and/or convenience store, not including such facilities and services for semi-tractor trailer trucks. Any use reasonably interpreted as a truck stop shall not be permitted. 8) All office uses, except banks and other financial institutions. 9) Laboratory. 10) Research and development facility. 11) Micro-cell or repeater telecommunications facility. 12) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. 13) Accessory use of outdoor storage to principal building use shall be permitted on all lots outside buildings as long as the storage area is screened from public view and with a solid screen fence 6 feet high. No storage materials shall be allowed in front yard setbacks. Storage areas need not be hidden from over-view from adjacent roads. No storage shall be over 6 feet in height except vehicle and equipment that are associated with the principal use of lot. 14) No outdoor firearm or gun range shall be permitted. 15) The repair and maintenance of motorized vehicles and associated accessory equipment. Said use shall be permitted only if contained within a fully enclosed building. City ordinances relative to vehicle idling and noise shall be adhered to. This permitted use is not applicable to Use Number 7 as previously listed. No semi tractor/trailer repair will be allowed and no heavy vehicle repair shall be allowed on this site except for minor accessory use to an industrial use. Semi trucks shall be allowed for delivery and pickup only. Casino bus storage shall not be allowed. Use Area 1-A Permitted Uses (0.7 Ac. west of railroad track) 1) Parking, excluding semi-tractor trailer trucks. 2) Railroad access. 3) Accessory uses to existing contiguous property user to west. 4) No outdoor firearm or gun range shall be permitted. 5) Casino bus storage shall be allowed. Use Area 2 Permitted Uses: 1) Open Space 2) Landscaping 3) Fencing, as may be necessary 4) Project entry monumentation 5) Vehicular access Use Area 3 Permitted Uses- 1) Designated native or natural open space (Use Area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed suited for this area. This area is bounded by West 44`s of the Reno Ditch. C) Site Data Total Property Area Area 1 (Outline Development Plan) Maximum Building Coverage Maximum Building Height Landscape Coverage - minimum per lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parkine Off street parking requirements will adhere to the following standards. 51.05 Acres 39.5 Acres 45% 50 Ft. 10% 90% .45 FAR 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: I space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet ofGross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Offs tree t loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. Area 1-A Maximum Building Coverage 0.7 Acres Maximum Building Height 45% Landscape Coverage - minimum per lot 50 Ft. Total Lot Coverage by Structure, paving and storage 10% 90% Gross Floor Area maximum .45 FAR by the planting of native grasses Avenue southerly to the alignment .~7 Parking Off street parking requirements will adhere to the following standards: 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses:.5.0 spaces per 1,000 square feet Gross Floor Area 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each .200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height Area 2 (Landscaping, Fencing and Signage only) 0.25 Acres Landscaping Coverage 100% Maximum Sign Height 10 Feet Maximum Sign Face 80 Sq. Ft. Maximum Number of Sign Faces 2 Minimum Sign Setback 8 Feet Notes: 1. Required comer vision triangle criteria of the City of Wheat Ridge shall be met. 2. Entry signage ormonumentation shall be allowed to be lighted by either ground mounted lighting or interior non-glare lighting. Area 3 Native/Natural Open Space 10.6 Acres D) Building Setbacks: Area 1 & Area 1-A Minimum Front Yard (Internal Street) 30 Feet Minimum Side Comer Lot 30 Feet Minimum Side Yard (Internal Lot) 10 Feet Minimum Rear Yard adjacent to street or highway 30 Feet Minimum Yard to Rear Property Line Fence Interior to Property 10 Feet Minimum setback for lots adjacent to 44's Avenue 50 Feet E) Parking Lot Setbacks Minimum Front Setbacks to any Parking Lot 10 Feet Minimum Side Setback for any Lot 5 Feet Minimum Rear Setback to Interior Lot 10 Feet F) Lot Access Vehicular access to all lots will be from internal streets except for Use Area 1-A west of the railroad tracks. G) Multiple Lot Ownership In case of multiple lot ownership by the same purchaser/owner, side setback and other related requirements as they would effect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H) Open Space and Landsc pine - - - 1) The minimum percentage of landscaped area per lot shall be 10%, but not less than 67% of this 10% landscaped area shall occur in the front setback area to building. 2) Additional on lot landscaping may occur at owner's choice. 3) The following minimum sizes apply wherever landscaping is required: Deciduous shade trees 2 %2 caliper Evergreen trees 6 ` height Ornamental trees 1 %2 caliper Shrubs 5 gallon container 4) Maximum amount of high water consumption sod (i.e. Bluegrass) shall be 50% of landscaped area. 5) Two ornamental trees may be substituted for 1 deciduous shade tree, as required. 6) The ratio of coniferous trees shall be 60%. 7) All other turf shall be a blend of grasses native to this area: 8) Other landscaping materials shall consist of native plant materials indigenous to the area, / and native turf grasses. 9) Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. 10) Any one of the following techniques may be used to landscape areas adjacent to 44`h Avenue, (for only the length of development where lots are adjacent to 44" Avenue, - the entry west to Reno Ditch) and interior street and parking areas on individual lots: (a) Within a minimum strip of 10 feet, provide shrubs at a spacing of 5 feet on center with a minimum of 1 evergreen tree every 20 feet of length of landscaping. (b) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of 1 evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. (c) Within a minimum width of 10 feet provide a 3 foot high opaque fence or wall. A minimum of 1 tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. 11) Landscape treatment on rear of lots that back up to State Highway 58. The entire length of Highway 58 shall have a 6 foot high black clad chain-link fence with 3 strand security barb wire on top. The landscape treatment along Highway 58 abutting adjacent lots in a 10 foot irrigated strip shall be: 1 evergreen tree (minimum 6 foot - height) and 3 evergreen shrubs (minimum 5 gal. size every 25 lineal feet. 12) Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. 13) Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plan. Such areas shall be deemed to include the subject property and that portion of any adjacent public street right of way, from the property line to the back of the adjacent curb. 14) Landscaping shall be continuously maintained including necessary watering; weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same or similar type as set forth above. Substitutions with other types of plant material may be made only with City approval. Replacement shall occur within one growing season. 15) Grounds shall be maintained in a safe, clean and neat condition free of rubbish and / weeds. Lawns shall be kept in a mowed condition. Roads, sidewalks and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept clean and free of any obstacles. I) Sienaee Unless otherwise noted in other areas of these regulations all signage shall be in accordance with Section 26-401 of the Wheat Ridge Code of Laws. J) Li htin All exterior lighting shall be in accordance with Section 26-30(S) of the Wheat Ridge Code of Laws. K) Architectural Treatment - Building Fronts The architecture will be of wood, wood beams, and masonry (stone), metal, tiltup concrete and stucco. Colors and textures will be natural and earth tones. INTRODUCED BY COUNCIL MEMBER Council Bill No. 13 Ordinance No. 1117 Series of 1998 AN ORDINANCE ZONING CERTAIN PROPERTY KNOWN AS 44`h AVENUE INDUSTRIAL PARK PARCELS ONE AND. TWO AND GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS -PLANNED INDUSTRIAL DISTRICT (PID) PURSUANT TO SECTION 26- 6(C) OF THE WHEAT RIDGE CODE OF LAWS AND AMENDING THE ZONING ORDINANCE AND MAP TO CONFORM THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Findings of Fact. (A) Application has been made for zoning certain property described on attached Exhibit A, within the City of Wheat Ridge, Colorado, to Planned Industrial District (PID), as prescribed in Section 26-6(C) of the Wheat Ridge Code of Laws. (B) Public notice has been given of such zoning by one publication in the Wheat Ridge Transcript, a newspaper of general circulation within the City, and the official newspaper of the City, at least fifteen (15) days prior to the hearing of such zoning. (C) Written notice was sent by certified mail to all adjacent property owners and owners of the property under consideration, at least fifteen (15) days prior to the public hearing. (D) Notice of such proposed hearing was posted on the property for fifteen (15) consecutive days prior to said hearing. (E) A need exists for zoning of this property Planned Industrial District (PID). Section 2. The property described in attached Exhibit A is hereby zoned Planned Industrial District (PID), subject to the conditions set forth below. (A) The property shall only be used as provided in Section 26-25 of the Wheat Ridge Code of Laws, except for any special considerations set out in the Annexation Agreement attached to the Annexation Ordinance. (B) Exhibit B lists the uses permitted on the property and is herewith made a part of this Ordinance. Any proposed changes to the list of permitted uses shall be submitted to the Director of Planning and Development for his/her determination as to whether said changes can be incorporated through an administrative action or require an amendment to the Planned Industrial Development. (C) The Outline Development Plan is herewith made a part of this Ordinance as Exhibit `C' and shall be recorded with the Jefferson County Clerk and Recorder. -Section 3. The zoning ordinance and zoning map of the City of Wheat Ridge, Colorado are hereby amended to conform with the zoning change to the property. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, suchjudgement shall not affect application to other persons or circumstances. Section 6. This ordinance shall become effective fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of April , 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 11 , 1998, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second an final reading by a vote of 5 to 3 'this l ltlday cfr May 1998. Ordinance No. Page 2 SIGNED by the Mayor on this 12 rh day of mg y 1998. i 1 RETCHEN CERVENY, MAYOR ATTEST: *Wanda ang, City Cl APP AS TO FO BY ITY 7 EY Gerald Dahl, City Attorney Published: Wheat Ridge Transcript Ist Publication April 13, 1998 2nd Publication May 15, 1998 Ordinance No. Page 3 LEGAL DESCRIPTION EXHIBIT A A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 19 AND IN THE WEST 1/2 OF SECTION; 20, ALL IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF'SAID SECTION 19, THENCE S00°06'41"E, 35.26 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF: WEST 44TH AVENUE CONVEYED TO JEFFERSON COUNTY-AS DESCRIBED IN WARRANTY DEED RECORDED' IN 300K 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO,' AND THE TRUE POINT OF BEGINNING; - :HENCE EASTERLY, 107.62 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT OF TANGENT, SAID ARC HAVING A RADIUS OF 995.00 FEET', A CENTRAL ANGLE OF 6°11'50" AND BEING SUBTENDED, BY'A CHORD THAT BEARS N80°22'35"E,.107.57 FEET; THENCE N77016'40"E, 3093.84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST, 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; 'ENCE EASTERLY, 315.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING.,ARADIUS OF 1392.50 FEET, A CENTRAL ANGLE OF 13000'00" AND BEING SUBTENDED BY A CHORD. T2ATBEARS N63046'40"E, 315.27 FEET; :--NCE S39043'20"E, 530.82 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE TO THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20; S00005'46"E, 119.94 FEET ALONG THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID: SECTICN.20.TO THE MOST NORTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE' DE;sART:4ENT OF HIGHWAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY DEED: RECORDED BOOK 1859 AT PAGE 72 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO; .'.i-NCE S64020'29"W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72; THENCE S31024'20"W, 609.87 FEET ALONG THE NORTHWESTERL; LINE OF THAT TRACT OF LAND! AS DESCRIBED IN SAID BOOK 1659 AT PAGE 72 TO THE EAST-WEST. CENTERLINE OF SAID SECTION 20; + 'HENCE S99023'29"W, 971.10 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20: TO THE :41/4 CORNER OF SAID SECTION 20; THENCE S00022'26"W, 275.38 FEET ALONG THE WEST LINE OF THE SW1/4 TO THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE S' HIGHWAYS, DIVISION OF HIGHWAYS, STATE-OF COLORADO AS DESCRIBED II DEED RECORDED IN BOOK 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON THENCE S87015'49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THA DESCRIBED IN SAID BOOK 2177 AT PAGE.367; THENCE N76.106'56"W, 199.73 FEET ALONG THE NORTHERLY LINE OF THA' DESCRIBED IN SAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERL7 19; THENCE N00008'4111W, 278.94 FEET TO THE TRUE POINT OF BEGINNING, )F SAID SECTION 20; ATE DEPARTMENT OFD SPECIAL WARRANTYi COUNTY, COLORADO;' TRACT OF LAND AS' i TRACT OF LAND AS; NE OF SAID SECTION. ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 COUNTY OF JEFFERSON, STATE OF COLORADO. EXHIBIT B 44`h Industrial Park A) Statement of Proposed Zoning: The 44`h Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users. The rezoning request is from Jefferson County MC Zone (Mineral Conservation) to City of Wheat Ridge PID, Planned Industrial Development. B) Proposed Use Use Area 1 Permitted Uses: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally constructed building. 2) Wholesale sales, warehousing, including mini-warehouses (not to exceed a total land area of 2.2 acres), or storage of any commodity with the following exceptions: (a) No commercial explosives may be included. (b) Sales, warehousing, storage, collection of materials, including machinery or vehicles not in operating condition, may be permitted only if contained within a fully enclosed building. 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) foragriculture, mining, industry, business, transportation, building and other construction. 5) Repair; rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. 6) Veterinary hospital. 7) One combination motor vehicle gasoline filling station, car wash, and/or convenience store, not including such facilities and services for semi-tractor trailer trucks. Any use reasonably interpreted as a truck stop shall not be permitted. 8) All office uses, except banks and other financial institutions. 9) Laboratory. 10) Research and development facility. 11) Micro-cell or repeater telecommunications facility. 12) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. 13) Accessory use of outdoor storage to principal building use shall be permitted on all lots outside buildings as long as the storage area is screened from public view and Nvith a solid screen fence 6 feet high. No storage materials shall be allowed in front yard setbacks. Storage areas need not be hidden from over-view from adjacent roads. No storage shall be over 6 feet in height except vehicle and equipment that are associated with the principal use of lot. 14) No outdoor firearm or gun range shall be permitted. 15) The repair and maintenance of motorized vehicles and associated accessory equipment. Said use shall be permitted only if contained within a fully enclosed building. City ordinances relative to vehicle idling and noise shall be adhered to. This permitted use is not applicable to Use Number 7 as previously listed. No semi tractor/trailer repair will be allowed and no heavy vehicle repair shall be allowed on this site except for minor accessory use to an industrial use. Semi trucks shall be allowed for delivery and pick-up only. Casino bus storage shall not be allowed. Use Area I-A Permitted Uses (0.7 Ac. west of railroad track) 1) Parking, excluding semi-tractor trailer trucks. 2) Railroad access. 3) Accessory uses to existing contiguous property user to west. 4) No outdoor firearm or gun range shall be permitted. 5) Casino-bus storage shall be allowed. Use Area 2 Permitted Uses: 1) Open Space 2) Landscaping 3) Fencing, as may be necessary 4) Project entry monumentation 5) Vehicular access Use Area 3 Permitted Uses: 1) Designated native or natural open space (Use Area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed by the planting of native grasses suited for this area. This area is bounded by West 44 s Avenue southerly to the alignment of the Reno Ditch. C) Site Data Total Property Area 51.05 Acres Area I (Outline Development Plan) 39.5 Acres Maximum Building Coverage 45% Maximum Building Height 50 Ft. Landscape Coverage - minimum per lot 10% Total Lot Coverage by Structure, paving and storage 90% Gross Floor Area maximum .45 FAR Parkin Off street parking requirements will adhere to the following standards. 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: I space for each 200 square feet of office, and I space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. Area 1-A 0.7 Acres Maximum Building Coverage 45% Maximum Building Height 50 Ft. Landscape Coverage - minimum per lot 10% Total Lot Coverage by Structure, paving and storage 90% Gross Floor Area maximum .45 FAR Parking Off street parking requirements will adhere to the following standards: 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses:.5.0 spaces per 1,000 square feet Gross Floor Area 3) Warehouses, mini-warehouses; storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height Area 2 (Landscaping, Fencing and Signage only) 0.25 Acres Landscaping Coverage 100% Maximum Sign Height 10 Feet Maximum Sign Face 80 Sq. Ft. Maximum Number of Sign Faces 2 Minimum Sign Setback 8 Feet Notes: I. Required comer vision triangle criteria of the City of Wheat Ridge shall be met. 2. Entry signage or monumentation shall be allowed to be lighted by either ground mounted lighting or interior non-glare lighting. Area 3 Native/Natural Open Space 10.6 Acres D) Building Setbacks: Area 1 & Area 1-A Minimum Front Yard (Internal Street) 30 Feet Minimum Side Comer Lot 30 Feet Minimum Side Yard (Internal Lot) 10 Feet Minimum Rear Yard adjacent to street or highway 30 Feet Minimum Yard to Rear Property Line Fence Interior to Property 10 Feet Minimum setback for lots adjacent to 40 Avenue 50 Feet E) Parking Lot Setbacks Minimum Front Setbacks to any Parking Lot 10 Feet Minimum Side Setback for any Lot 5 Feet Minimum Rear Setback to Interior Lot 10 Feet F) Lot Access Vehicular access to all lots will be from internal streets except for Use Area 1-A west of the railroad tracks. G) Multiple Lot Ownership In case ofmultiple lot ownership by the same purchaser/owner, side setback and other related requirements as they would effect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H) Open Space and Landscaping 1) The minimum percentage of landscaped area per lot shall be 10%, but not less than 67% of this 10% landscaped area shall occur in the front setback area to building. 2) Additional on lot landscaping may occur at owner's choice. 3) The following minimum sizes apply wherever landscaping is required: Deciduous shade trees 2 caliper Evergreen trees 6 ` height Ornamental trees 1 caliper Shrubs 5 gallon container 4) Maximum amount of high water consumption sod (i.e. Bluegrass) shall be 50% of landscaped area. 5) Two ornamental trees may be substituted for 1 deciduous shade tree, as required. 6) The ratio of coniferous trees shall be 60%. 5 7) All other turf shall be a blend of grasses native to this area. 8) Other landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses. 9) Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. 10) Any one of the following techniques may be used to landscape areas adjacent to 44`h Avenue, (for only the length of development where lots are adjacent to 0' Avenue, - the entry west to Reno Ditch) and interior street and parking areas on individual lots: (a) Within a minimum strip of 10 feet, provide shrubs at a spacing of5 feet on center with a minimum of 1 evergreen tree every 20 feet of length of landscaping. (b) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of 1 evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. (c) Within a minimum width of 10 feet provide a 3 foot high opaque fence or wall. A minimum of 1 tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. 11) Landscape treatment on rear of lots that back up to State Highway 58. The entire length of Highway 58 shall have a 6 foot high black clad chain-link fence with 3 strand security barb wire on top. The landscape treatment along Highway 58 abutting adjacent lots in a 10 foot irrigated strip shall be: 1 evergreen tree (minimum 6 foot height) and 3 evergreen shrubs (minimum 5 gal. size) every 25 lineal feet. 12) Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. T3) Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plan. Such areas shall be deemed to include the subject property and that portion of any adjacent publid street right of way, from the property line to the back of the adjacent curb. 14) Landscaping shall be continuously maintained including necessary watering; weeding; pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same or similar type as set forth above. Substitutions with other types of plant material may be made only with City approval. Replacement shall occur within one growing season. 15) Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads, sidewalks and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept cleanand free of any obstacles. I) Sienaoe Unless otherwise noted in other areas of these regulations all signage shall be in accordance with Section 26-401 of the Wheat Ridge Code of Laws. J) Lightine All exterior lighting shall be in accordance with Section 26-30(S) of the Wheat Ridge Code of Laws. K) Architectural Treatment - Building Fronts The architecture will be of wood, wood beams, and masonry (stone), metal, tiltup concrete and stucco. Colors and textures will be natural and earth tones. 7 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building F WHE,j > May 11, 1998 U r~*i \OCOR The Regular City Council was called to. order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle.Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES of April 27, 1998 Motion by Mr. Eafanti for the approval of the Minutes of April 27, 1998; seconded by Mr. Mancinelli; carried 8-0 with Mrs. Worth changes to page 6. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the following Proclamations: National Cancer Survivors Day June 7, 1998 Foster Care Month May, 1998. She then recognized five teams.of "Odyssey of the Mind", which were present at the meeting. They were from Wheat Ridge High; Everitt Middle School; Wheat Ridge Middle School; Stevens Elementary School; Wilmore Davis Elementary School. CITIZENS' RIGHTS TO SPEAK Five students from Martensen Elementary School presented petitions and asked that the sidewalk program for Martensen be moved up from the year 2001 to 1998 because of safety issues and concerns. Dan Hatrop, secretary for the Eastern Rockies Rugby Football Union, cited the accomplishments of the Wheat Ridge High School players who were the 1998 State Champions, and asked for financial support of either the City or private parties. CITY COUNCIL MINUT"S: May 11, 1998 Page 2 Motion by Mrs. Worth that the City of Wheat Ridge support this Rugby Team for $2,500 from the General Fund fund balance and adjust the budget accordingly; seconded by Mr. Siler. Mrs. Dalbec will abstain because-her son plays on this team. Mr. DiTullio will vote no because we already gave out $20,000 this year and another $20,000 of in-kind services, we have to-draw the line on giving out taxpayers money. Motion carried 6-1 with Mrs. Dalbec abstaining and Mr. DiTullio voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 14 - An Ordinance vacating a portion of West 33rd Avenue (Case No. WV-98-1) within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to 3294 Pierson Street and 3295 Parfet Street. Council Bill 14 was introduced on second reading.by Mr. Eafanti; title read by the Clerk; Ordinance No. 1114 assigned. Mr. Middaugh gave brief overview of the case. Motion by Mr. Eafanti that Council Bill 14 (Ordinance 1114), a request for approval of a right-of-way vacation for West 33`d Avenue extended between Pierson Street and Parfet Street, be approved for the following reasons: 1. It is not needed for emergency vehicle access. 2. A pedestrian connection between Pierson and Parfet will occur on school district property. 3. The evaluation criteria support approval. With the following condition: Vesting occur with property owners to the south; seconded.by Mrs. Shaver; carried 8-0. Item 2. Consider annexation of properties at 13500 West 44th, generally known as the 44th Industrial Park. A. Findings of fact regarding annexation. 1. Resolution 1665 - making certain Findings of Fact regarding the proposed Annexation of a Parcel of land known as the 44th Industrial Park, Parcel 1. 2.. Resolution 1666 making certain Findings of Fact regarding the proposed Annexation of a Parcel of land known as the 44th industrial Park, Parcel 2. CITY COUNCIL MINUT7,S: May 11, 1998 Page 3 B. Annexations: 2. Council Bill 11 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Parcel 1 of the 44th Industrial Park property generally located south of 44th Avenue, North of Highway 58, West of Interstate 70 and east of Eldridge Street in Jefferson County. 3. Council Bill 12 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Parcel 2 of the 44th Industrial Park property generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County. C. Zoning 1. Council Bill 13 - An Ordinance zoning certain property .known as 44th Avenue Industrial Park Parcels One and Two and generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street within the City of Wheat Ridge, Colorado, as Planned Industrial District (PID) pursuant to Section 26- 60 of the Wheat Ridge Code of Laws and amending.the Zoning Ordinance . and Map to conform therewith. Item 2 was introduced by Mrs. Dalbec; titles read by the Clerk; Ordinance Numbers (C.B. 11 - 1115; C.B. 12 - 1116; C.B. 13 - 1117) assigned. Tom Hartley was sworn in by the Mayor. He is the managing partner of 44 Eldridge LLC, which is the applicant for this matter. Their parcel consists of approximately 51 acres and they would like to be annexed to Wheat Ridge and be rezoned Industrial. Martin Orner, Economic Development Specialist for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report. Flora Andrus, 4790 Easley Road, Golden, was sworn in by the Mayor; she is disappointed with the direction this development is taking, she thought it would be more semi-rural in nature; this will cause increased traffic for their Fairmont community. CITY COUNCIL MIN=S: May 11, 1998 - Page 4 Resolution 1665 - Parcel 1: Motion by Mrs. Dalbec to adopt Resolution 1665, making certain findings of fact regarding the proposed annexation of Parcel 1 of land known as the 44" Industrial Park; seconded by Mr. DiTullio; carried 8-0. Council Bill 1 1 - Ordinance 1115 - Parcel 1: Motion by Mrs. Dalbec that Council Bill 11 (Ordinance 1115), Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44`" Industrial park, parcel 1, generally located south of 44thAvenue, north of Highway 58, west of Interstate 70and east of Eldridge Street, with an approximate address of 13500 West 44" Avenue, County of Jefferson, as legally described in Exhibit A, be adopted and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meet's the State criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's three-mile-plan; seconded by Mr. Siler; carried 8-0. Resolution 1666 - Parcel 2 Motion by Mrs. Dalbec to adopt Resolution 1666, making certain findings of fact regarding the proposed annexation of Parcel 2 of property known as the 44" Industrial Park; seconded by Mr. DiTullio; carried 8-0. Council Bill 12 - Ordinance 1116 - Parcel 2 Motion by Mrs. Dalbec that Council Bill 12 (Ordinance 1116), Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 441" Industrial park, parcel 2, generally located south of 44thAvenue, north of Highway 58, west of Interstate 70and east of Eldridge Street, with an approximate address of 13500 West 44`" Avenue, County of Jefferson, as legally described in Exhibit A, be adopted and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meets the State criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. CITY COUNCIL MINUT7S: May 11, 1998 Page 5 4. The annexation is consistent with the City's three-mile-plan; seconded by Mr. DiTullio; carried 8-0. Council Bin 13 - Ordinance 1 117 - Zonin; ,Motion by Mrs. Dalbec that Council Bill 13 (Ordinance 1117), Case No. WZ-98-8, an. Ordinance zoning certain property known as 44`° Industrial park, parcel 1 and parcel 2, within the City of Wheat Ridge, with an approximate address of 13500 West 44`" Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development, pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, be adopted, with conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and orderly development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's three Mile Plan. Conditions of approval: 1. The list of permitted land uses shall be restricted to those contained in Exhibit B and the Ordinance zoning the property, except that no semi tractor/trailer repair will be allowed and that no heavy vehicle repair be allowed on this site except for minor accessory use to an industrial use. That semi trucks be allowed for delivery and pickup only and that casino bus storage would be allowed only on parcel area 1. A. 2. The applicant/owner shall be solely responsible for all public improvements as listed in the Annexation Agreement. 3. All requirements of the City of Wheat Ridge Department of Public Works shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. 4. The applicant shall meet all requirements of the Fairmont Fire District per their letter dated April 16, 1998. 5. The applicant shall meet all requirements of the Wheat Ridge Public Works Director. 6. The following unified control statement shall be placed on the Outline Development Plan prior to recordation: "4411 Industrial Park is owned by 44`^ Eldridge, LLC, a Limited Liability Company, and consists of 29 lots. One Building will be constructed on one or more lots. Existing ownership can sell all lots. All 29 lots can have different ownership. Unified control shall be maintained through recorded covenants and restrictions, as well as the Development Standards established by the Outline Development Plan." CITY COUNCIL MINUTRS: May 11, 1998 Page 6 7. Exhibit B to the Ordinance zoning the property shall be made part of the Outline Development Plan to be recorded with the Jefferson County Clerk and Recorder. That 7) on Exhibit B would state: One motor vehicle, gasoline filling station, car wash, and convenience store, hot including such facilities and services for semi-tractor trailer trucks. Any use reasonably interpreted as a truck stop shall not be permitted. Seconded by Mr. DiTullio. Motion by Mrs. Shaver to suspend the Rules and let Councilmembers speak more than twice on this item; seconded by Mrs. Dalbec; failed 5- 3 with Councilmembers Siler, DiTullio, and Worth voting no. (This needed six votes to pass). Motion by Mrs. Shaver to amend that on Exhibit B, Page 2, 15) the line not more than three trucks or trailers ...be changed to ...not more than "one" truck or trailer...; seconded by Mrs. Worth. After talking to the applicant, Mrs. Shaver withdrew her motion and replaced it with a new motion to "whatever he said about the 10% truck use" (since the applicant spoke from the audience.with'out a microphone, nothing he said was picked up on the tape); failed 3-5 with Councilmembers Shaver, Worth, and Dalbec voting yes. Mrs. Dalbec called for the question on the main motion; seconded by Mrs. Worth; carried 5-3 with Councilmembers Donnelly, DiTullio, and Siler voting no. .Original Motion carried 5-3 with Councilmembers Donnelly, Siler, and Mancinelli voting no. Item 3. Council Bill 10 - An Ordinance amending the Code of Laws of the City of Wheat Ridge regarding liquor and establishing a Liquor Licensing Authority. Council Bill 10 was introduced by Mr. Mancinelli on second reading; title read by the Clerk. Motion by Mr. Mancinelli that the first reading approval of Council Bill 10 be rescinded and that Council Bill 10 be removed from further consideration by the City Council; seconded by Mr. Siler; carried 8-0. AGENDA ITEM RECAP AGENDA ITEM May 11, 1993 QUASI-JUDICIAL X _ Yes No X PUBLIC HEARINGS _ CITY ADM. MATTERS _PROC./CEREMONIES _ CITY ATTY. MATTERS _ BIDS/MOTIONS _ LIQUOR HEARINGS - INFORMATION ONLY _ PUBLIC COMMENT AGENDA ITEM TITLE: Case N . A VZ-98- _ ELEC. OFFICIALS MATTERS ORDINANCES FOR IST READING X ORDINANCES FOR 2ND READING X RESOLUTIONS SUMbIARY/RECOivIMENDATION: A request for approval to annex into the City of Wheat Ridge and zone PID the property located at 13500 West 44th Avenue, generally located south of 44th Avenue, north of Highway 58, West of Interstate 70, and east of Eldridge Street, Parcels 1 and 2 in-the County of Jefferson. ATTACHMENTS: 1) Staff Report 2) MEO memo - Economic Evaluation 3) Resolution Finding Fact - Parcel I 1 Annexation Ordinance - Parcel 1 j) Resolution Finding Fact - Parcel 2 6) Annexation Ordinance - Parcel 2 7) Zoning Ordinance - Parcels I and 2 BUDGETED ITEM Fl Fl Yes No Fund _ Dept/Acct k Budgeted Amount S Requested Expend.S Requires Transfer/ a ❑ Supp. Appropriation Yes No RECOMMENDED MOTIONS: ANNEXATIONS: Parcel I "I move to adopt Resolution No. /LGSmaking certain findings of fact regarding the propgsed annexation of Parcel 1 of land known as the 44ih Industrial Park. "I move that Council Bill No. Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 441" Industrial Park, Parcel 1, generally located south of 44" Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44' Avenue, County of Jefferson, as legally described in Exhibit A" be ADOPTED and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4_ The annexation is consistent with the City's Three Mile Plan. Parcel 2 "I move to adopt Resolution No. /Gbb making certain findings of fact regarding the proposed annexation of Parcel 2 of known as the 44' Industrial Park. "I move that Council Bill No. Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 44' Industrial Park, Parcel 2, generally located south of 44" Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44' Avenue, County of Jefferson, as legally described in Exhibit A" be ADOPTED, and that the Mayor be authorized to sign and execute the attached Annexation Agreement with conditions, for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's Three Mile Plan. ZONING: "I move that Council Bill No. /3 , Case No. WZ-98-8, "An ordinance zoning certain property known as 44' Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44' Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26- 6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith," be ADOPTED, with conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and orderly development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. Conditions of approval: l.. The list of permitted land uses shall be restricted to those contained in Exhibit B and the Ordinance zoning the property 2. The applicant/owner shall be solely responsible for all public improvements as listed in the Annexation Agreement. 3. All requirements of the City of Wheat Ridge Department of Public Works shall be addressed to the . satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. 4. The applicant shall meet all requirements of the Fairmont Fire District per their letter dated April 16, 1998. 5. The applicant shall meet all requirements of the Wheat Ridge Public Works Director. 6. The following unified control statement shall be placed on the Outline Development Plan prior to recordation: "44" Industrial Park is owned by 44' Eldridge, LLC, a Limited Liability Company and consists of 29 lots. One Building will be constructed on one or more lots. Existing ownership can sell all lots. All 29 lots can have different ownership. Unified control shall be maintained through recorded covenants and restrictions, as well as the Development Standards established by the Outline Development Plan." 7. Exhibit-B to the Ordinance zoning the property shall be made part of the Outline Development Plan to be recorded with the Jefferson County Clerk and Recorder. C:\Barbara\CCRPTS\ W Z983CR2nd read ins W PD.wpd CITY OF WHEAT RIDGE MEMORANDUM pE µH'47 9 To: Mayor and City Council ~ t o a From: Robert C. Middaugh, City Manager Subject: HARTLEY ANNEXATION ON 44TH AVE. °OCaRa°° Date: May 5, 1998 Attached please find a variety of materials relative to the annexation of a 50 acre parcel of property on 44th Avenue immediately to the west of the City's current boundaries. The Council has had substantial discussion on this particular parcel of property over the various meetings which have led to this point in the process. As Council is aware, the project is planned to be developed as a light industrial park under Planned Industrial Development zoning. In the attached materials, the Council will find a specific list of the uses which will be permitted on this particular parcel of property as part of the annexation and the zoning that is before Council at the May 11, meeting. Based on the City Council's last discussion of this matter, a specific provision has been inserted in the uses to preclude the development or establishment of a truck stop. The language as presented will permit a service station but does not allow the servicing of tractor/trailer vehicles at said station. The language in the uses is also specific to say that any truck related uses in the light industrial park must be consistent with the current parking and idling restrictions contained within the City of Wheat Ridge Code of Laws. While this would not limit businesses that would work on tractor/trailer vehicles, it would limit the number of vehicles that can be parked on the premise to three, and require that any work be done inside of an enclosed facility, and that the idling restrictions be observed. Also in the attachments, the City Council will find a copy of an economic analysis undertaken of the annexation in question. I asked that the analysis deal only with the major points of revenue and expense attendant to this particular development. As the Council will see, there is a long term advantage to the community through immediate as well as long term tax return versus services provided and also the spin off benefit of jobs creation which provides an advantage to residents and other businesses within the area. Clearly, annexing the parcel of the property is to the advantage of the City of Wheat Ridge and should be supported and pursued. Council will note that the following approvals are required by Council in a series of motions relative to this issue as follows: 1. Establishment of findings of fact for the annexation. 2. Adoption of the annexation ordinance. 3. Adoption of the zoning ordinance and the outline development plan. A final plan and plat will be prepared and presented for subsequent City Council action at a future meeting. The final plan was not prepared in sufficient time to present as part of this package. It will need to be consistent with the provisions in the annexation agreement and the outline development plan before City Council at the May 11, meeting. The annexation of the 50 acre parcel of property for light industrial purposes provides a needed and responsible land use and a clear benefit to the City of Wheat Ridge as presented. It is recommended that the members of City Council approve the various actions relative to the annexation so that we may incorporate this parcel of property into the boundaries of the City of Wheat Ridge. Respectfully submitted, Robert C. Middaugh ' City Manager a5.11 City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Martin.Omer, Economic DevelopmEnt Specialist SUBJECT: Economic Evaluation of 44ih Industrial Park DATE: May 5, 1998 I have prepared a general economic evaluation of the potential development of lands currently being considered for annexation to the City of Wheat Ridge. The evaluation consists of three sections, being general expected REVENUES from the development of the project, general expected COSTS and financial responsibilities to the city upon the project's completion, and a SUMMARY of costs compared to revenues. 1. REVENUES:. The project is expected to include 28 lots which will be developed for light industrial development, and one lot for retail development. The four types of revenue which can be expected are use tax, building permit fees, sales tax from any sales occurring within the project area, and property tax collections. 1. Use Tax Use tax would be collected on improvements to the property and is calculated as a percentage of the cost of materials used in construction. Staff estimates that approximately 647,454 square feet of construction can be expected for the light industrial component and 39,792 square feet of construction can be expected for the retail component. Therefore, the total amount of use tax collected on said amount of building construction and equipment is estimated at 5354,000. 2. Permit Fees Building Permit Fees: The Building Division hag estimated that expected permit fees for buildout of the project will be approximately 5330,000. Engineering Permit Fees: The Public Works Department has estimated the permit fees for he rcaBWay, curb, gutter and sidewalk and drainage permits at approximately $10,000. To`taf one time taxes and fees are estimated at 5694,000. 3. Sales Tax Sales tax would be generated primarily by the fuel station/convenience store which the applicant is anticipating for the comer of West 44" Avenue and the internal service road. The applicant has described the use as a fueling station and a convenience store which may include fast food and a seating area. Of the five comparable uses located within the city which I used for calculations, only one has the fast food/seating element, and said business contributes significantly more sales taxes to the city than the other four comparables. With this in mind, I present a conservative annual sales tax.figure for the applicant's project at approximately $12,000 per year. It should also be noted that the anticipated location for the fuel station/convenience store is larger than the comparable used. Additionally, there will likely be businesses locating in the project area which have some taxable sales transactions. Any estimate of additional tax revenues is difficult without detailed information about the future businesses. I propose that a realistic expectation for all sales tax generated from the property at project completion is approximately $20,000. 4. Property Tax In calculating the estimated property tax benefit to the city of this annexation and development application, I have used comparable projects with similar land use, access and visibility characteristics. I estimate tax revenue of $6,000 to 58,000 per year to the city upon project completion. Ongoing revenue is estimated at $26,000 to 528,000 annually. If. COSTS 1. Police The Police Department has stated that the annexation and development of the property would not cause a significant impact on law enforcement resources. The Police Department reports that, in general, two drive-throughs of the project per day would be necessary with each drive through taking approximately ten minutes. The cost for a police officer is approximately S 100,000 per year. Therefore, an estimated cost for normal police presence is approximately S 1,400 per year. Adding a contingent amount for service calls, staff estimates a total cost for police services at approximately $3,500 per year. All police services will be achieved without the need for additional staff or equipment. 2. Public Works The Public Works Department has identified two budget areas which would be impacted with a slight increase to budget line items as, A. maintaining the project's internal roadway, and B. maintaining the additional amount of West 44'" Avenue which would be within the city. The Director of Public Works has estimated that the cost to provide the additional services relative to maintaining the internal service roadway and the portion of 44" Avenue annexed to the city to be approximately $1,000 per year. Total ongoing costs to the city in servicing the project area are approximately $4,500. III. SUMMARY In summary, total one time use tax and permitting revenue from site development would equal approximately S694,000. Total ongoing revenue is estimated at S26,000 to S28,000 per year. Total ongoing costs to provide police services and maintain roadways is estimated at $4,500 per year. Net ongoing revenues to the city are estimated at 521,500 to $23,500 per year. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: May 11, 1998 DATE PREPARED: April 29, 1998 CASE NO. & NAME: ANX-98-31WZ-98-8 CASE MANAGER: Martin Orner ACTION REQUESTED: Approval of Annexations and Outline Develo ment Plan (zonin ) P 9 LOCATION: Generally Located South of 44'" Avenue, North of. Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County with approximate address of 13500 West 44'" Avenue APPLICANT(S): Tom Hartley OWNER(S): 44 Eldridge LLC c/o Tom Hartley 12345 West Alameda Avenue, Lakewood, Colorado 80228 APPROXIMATE AREA: PRESENT ZONING: Combined total of approximately 51 acres County Zoning: Agricultural Two and Mineral Conservation PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) THREE MILE PLAN" (X) ZONING ORDINANCE SUBDIVISION REGULATIONS 0 OTHER Undeveloped land N: Planned Development and Agricultural Two (County). S: Highway 58, then Planned Development and Agricultural Two (County); E: Agricultural One (City); W: Planned Development (County) N: Cemetery; S: Highway 58, then undeveloped E: Department of Transportation maintenance yard, Interstate 70, then commercial, industrial and residential W: Eldridge Street, then commercial and industrial North Plains Community Plan: Retail, Office and Industrial April 24, 1998 April 24, 1998 April 17, 1998 (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXHIBITS JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. City Council Pa.-c 2 ANX-98-3/WZ-98-8 L REQUEST This is the second reading of an annexation and zoning request for property located directly adjacent to the City of Wheat Ridge with approximate address of 13500 West 44`" Avenue. The request is for one piece of property being considered for annexation in two parcels with corresponding Case Number ANX-98-3. Should the annexations be approved, the property would then be zoned with one action, being Case Number WZ-98-8. In anticipating development of this land, the applicant previously submitted to the County an application to zone the property for industrial land uses. The County Planning Commission recommended approval with conditions to the Board of County Commissioners. Upon leaming of this action, and after determining that the impacts from the development of the property, predominantly traffic and day time population generation, would largely be upon the City and services therein, City staff initiated discussions with the property owner to explore the opportunity of annexation of the property to the City. The property owner was agreeable to the annexation, and the concept was brought before the City Council, which encouraged the property owner to proceed with the annexation. The annexation and Outline Development Plan (preliminary zoning) cases were heard by the City Planning Commission on April 16, 1998. At said hearing, various wording changes were agreed upon by the Planning Commission and the applicant's representative, followed by a unanimous. recommendation of approval to City Council. Should the City Council approve the two applications being heard on today's date, the property will be within the City of Wheat Ridge with a preliminary zone designation Planned Industrial Development. Case No. ANX-98-3 is comprised of approximately 51 acres. Due to State of Colorado requirements for contiguity of land being annexed, the subject property has been divided into two parcels, Parcel 1 and Parcel 2 which are the subject of this annexation. The entire property is currently undeveloped and is zoned Mineral Conservation by the County which permits mineral and resource mining of the land. Case No. WZ-98-8 is for approval of the Outline Development Plan (zoning) of the property to Planned Industrial Development (PID) for land uses similar to although somewhat more restrictive than those proposed to the County. Exhibit `B' to the Ordinance zoning the entire property (Parcels 1 and 2) is the proposed list of permitted land uses for the property and the Outline Development Plan is attached to the same Ordinance as Exhibit `C'. The Annexation Agreements are attached as Exhibit `C' to the Ordinances annexing the parcels. The two agreements are similar except that the 44' Avenue improvements are included in the agreement for Parcel 1. Planning Department staff believes that annexing and zoning the property as proposed will best serve the interests of the City in the following ways: I. The City receives the regulatory authority over proposed land uses on the property. 2. The City receives the regulatory control over quality of construction and landscaping of the property. 3. The City's Police Department receives the ability to police the property. 4. Since the City receives the impact of development, it is appropriate that the City also receive economic benefit from development of the property. Said benefit will more than offset the cost of providing services. City Council Page 3 ANX-98-3/WZ-98-8 II. NEIGHBORHOOD NIEETING A neighborhood meeting was held on April 7, 1995. The following persons attended: Martin Omer - Planning staff Tom Hartley - applicant/representative Tom Duffy - applicant's real estate agent Phyllis Lewis - 4475 Eldridge Street - neighbor to the subject property The following items were discussed: ♦ Circulation plan for 44`h Avenue, access to the property and the internal roadway. ♦ -Internal roadway realignment with the Mount Olivet Cemetery driveway and associated traffic signal. ♦ Design regulations being proposed within the PID to promote a degree of architectural uniformity of new buildings. ♦ The number and configuration of the lots proposed for the subdivision. ♦ Time frame for the land development and the anticipated completion of all new construction. III. CRITERIA FOR EVALUATION ANNEXATION: The Wheat Ridge Code of Laws does not contain criteria for review of an annexation, but State of Colorado statutes provide criteria for eligibility for annexations. These criteria are: 1. Not less than one-sixth of the perimeter of the area is contiguous with the boundary of the annexing municipality. 2. That a community of interest exists between the annexing area and the annexing municipality. 3. The annexing area is urban or will be urban in the near future. 4. The annexing area is integrated with or capable of being integrated with the annexing municipality. 5. It is necessary and desirable to annex the property. State statutes also state that meeting the requirement of contiguity "shall be a basis for a finding of compliance with these: requirements, unless the governing body finds that at least two of the following are shown to exist:" Less than 50% of the residents of the area to be annexed make use of part or all of the following facilities of the municipality: recreational, civic, social, religious, industrial, or commercial; or less than 25% of the area's adult residents are employed in the municipality. City Council Page 4 ANX-98-3/WZ-98-8 Z. One-half or more of the land to be annexed is agricultural. ices which the annexing 3. It is not physically practicable to extend to the area those urban serv municipality provides to all of its citizens. Other than the contiguity requirement, these criteria are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because the City is already providing services to businesses and residents directly east of the subject properties. Development of the property as proposed by the applicant is considered to be urban level development. It is reasonable to assume that future users of the developed property will make use of the City's commercial facilities and road infrastructure. State siatutes also require that a plan for the area extending three miles from the City's boundaries be in place. The City Council has adopted the Jefferson County North Plains Community Plan, with. modifications, as the City's Three Mile Plan. That plan shows the area under consideration for annexation as retail, office and industrial use. Annexation is a policy decision which rests more on the question of whether the City should annex an area considering the positive and negative aspects of the annexation than on set criteria. In other words, do the costs of providing services to the annexing area balance with the revenues anticipated? Can services be provided in a cost effective manner if nearby development is also served? Is the annexation a logical extension of the City's boundaries and service provision capabilities? Are there other benefits or circumstances of annexing that outweigh these considerations? The conclusion of this staff report reflects staffs belief that ample criteria and findings exist to show the City should annex the subject property. OUTLINE DEVELOPMENT PLAN (ZONING): The property is proposed for Planned Industrial District (PID) zoning and the required Outline Development Plan is attached. Staff has the following comments regarding the criteria used to evaluate application for approval of a zone change: 1. That the zoning 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 City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed land use of Planned Industrial is in conformance with the North Plains Community Plan designation of retail, office and industrial land uses. The existing Jefferson County zoning is Mineral Conservation and Agricultural Two. Staffs findings are similar to the County Planning Department's findings in that: a. The proposal will act as a transitional component between the uses occurring to the north and south. City Council Page 5 ANX-98.3/WZ-98-8 b. The 10 acre area to be reserved as native vegetation directly adjacent to and south of 44' Avenue will minimize the impact of the development on the surrounding area. C. No known commercial mineral deposits exist upon the subject property. d. The proposal includes criteria for project landscaping and lighting which are similar to or higher quality than those of the County and those typical of the City light industrial zone. e. The proposal includes criteria for building setbacks which are similar to the typical setback criteria found in the City, with the exception of proposed front setbacks. The applicant proposes minimum front setbacks for buildings facing the project's internal roadway of 30 feet where the standard City front setback is 50 feet. Staff supports the applicant's proposal since the internal roadway will primarily serve project users, and will therefore not create a visual impact on other City residents. Proposed criteria for setbacks, landscaping and lighting are found in Exhibit B of the Ordinance zoning the property. `e. The proposal includes specific permitted land uses which are more restrictive than those proposed to the County and also more restrictive than those typical of the City's light industrial zone district. Staff supports the Applicant's anticipated land uses, which are fully described in Exhibit B of the Ordinance zoning the property. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property is bordered on the south by Highway 58 and on the east by Interstate 70, both roadways effectively separate the subject property from land uses further to the south and east. Mount Olivet Cemetery is north of the subject property which land use is not considered incompatible to the proposed Planned Industrial Development. The property is bordered on the west by a commercial/industrial transportation business, with which the proposed PID is considered compatible. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the zoning. The following benefits to the community will be achieved as a result of the proposed annexation and zoning: a. b. C. City Council ANX-98-3/WZ-98-8 development. Economic benefits. The City will collect all applicable taxes generated by the Physical benefits. The City will gain regulatory control of land uses allowed on the property. Social benefits. The land would be within the City's Police Department jurisdiction. Page 6 qtr. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are. under capacity. All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. The developerofthe property will be required to construct roadway improvements associated with this development, as well as any site specific drainage facilities. 5. That the proposed zoning will not adversely affect public health; safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light ..And air to adjacent properties. The applicant has agreed to install development related public improvements designed to mitigate any possible negative impacts to the public, specifically a deceleration lane and a left turn lane on 44" Avenue, as well as site specific drainage facilities. Specifics regarding the roadway improvements can be found in the Annexation Agreement which is part of this package. Additionally, the applicant has agreed to dedicate an additional 10 feet of right-of-way for the south side of 44'h Avenue in anticipation of possible future road improvement needs. 6. That the property cannot reasonably be developed under the existing zoning conditions. Development of the property as a planned light industrial park would require rezoning the property from Mineral Conservation. The County Planning Department has stated that no commercial mineral deposits exist upon the subject property. Therefore, the zone designation of Planned Industrial Development, along with corresponding land uses, furthers the determination that PID zoning is appropriate for the property. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The Planned Industrial Development zoning will allow the reasonable development of the property in conformity with the City's Three Mile Plan. 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. The Planning Department concurs with the applicant that a significant demand for planned light industrial development exists in this area. Staff believes the subject location is appropriate for said development in that the development will not create significant negative impacts to adjacent land uses or property owners. City Council Page 7 ANX-98-3/ WZ-98-8 Notified But Not Responding: Colorado Division of Wildlife Health Department Public Service Company U.S. West Communications State Land Use Commission State Geological Survey Colorado Department of Transportation Wheat Ridge Forestry Division Urban Drainage and Flood Control Dist. V. RECOMMENDATIONS: Denver Metro. Major League Baseball District Metro Wastewater Reclamation Dist. Jeffco Schools Jefferson County Commissioners TCI of Colorado Wheat Ridge Post Office Wheat Ridge Park and Rec. Commission Wheat Ridge Building Division Regional Transportation District PLANNING COMMISSION: At its April 16, 1998 hearing, the Planning Commission unanimously recommended APPROVAL of the annexations and the zoning to the City Council with recommended conditions of approval. Much of the discussion centered on semi-tractor trailers. Changes were made to the list of permitted uses to address these concerns. Staff is recommending deleting one of these changes. In Exhibit B to the Ordinance zoning the property, Planning Commission recommended inserting the words, "not including semi-tractor trailer trucks" in the parking sections for Use Areas I and 1-A. Staff has inserted language int eh list of permitted uses which limits the parking of semi-tractor trailers per City codes and prohibits truck stops. The reference to semi-tractor trailers in the parking sections then is not necessary. STAFF RECOMMENDATION: Staff concludes that the proposed annexations meet the state criteria for annexation eligibility, are a logical extension of the City's boundaries, are able to be served by and are in the best interest of the City. Staff also finds that a similar albeit somewhat less restrictive zoning proposal was recommended for approval by the County Planning Department and the County Planning Commission. Therefore, staff recommends approval of the annexations with associated recommended conditions of approval. Staff concludes that the proposed Outline Development Plan which represents the preliminary zoning of the property to Planned Industrial Development, meets the corresponding City criteria and that the proposed land uses are considered appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends APPROVAL of the zoning change with associated recommended conditions of approval. VI. RECOMMENDED MOTIONS: ANNEXATIONS: Parcel I "I move to adopt Resolution No. A4K making certain findings of fact regarding the proposed annexation of Parcel 1 of land known as the 40 Industrial Park. City Council Page 9 ANX-98-3/WZ-98-8 "I move that Council Bill No. , Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 44`h Industrial Park, Parcel 1, generally located south of 44h Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44`h Avenue, County of Jefferson, as legally described in Exhibit A" be adopted and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2.. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's Three Mile Plan. Parcel 2 "I move to adopt Resolution No. 16GG making certain findings of fact regarding the proposed annexation of Parcel 2 of land known as the 44ih Industrial Park. "I move that Council Bill No. _2-, Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 441h Industrial Park, Parcel 2, generally located south of 44`h Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44'h Avenue, County of Jefferson, as legally described in Exhibit A" be ADOPTED, and that the Mayor be authorized to sign and execute the attached Annexation Agreement with conditions, for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's Three Mile Plan. ZONING: "I move that Council Bill No. Case No. WZ-98-8, "An ordinance zoning certain property known as 44'h Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44`h Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith," be ADOPTED, with conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would. allow the planned and intelligent development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. City Council Page 10 ANX-98-3/WZ-98-8 Conditions of approval: 1. The list of permitted land uses shall be restricted to those contained in Exhibit B of the Ordinance zoning the property ' 2. The applicant/owner shall be solely responsible for all public improvements as listed in the Annexation Agreement. 3. All requirements of the City of Wheat Ridge Department of Public Works shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. 4. The applicant shall meet all requirements of the Fairmont Fire District per their letter dated April 16, 1998. 5. The applicant shall meet all requirements of the Wheat Ridge Public Works Director. 6. The following unified control statement shall be placed on the Outline Development Plan prior to recordation: "44th Industrial Park is owned by 44' Eldridge, LLC, a Limited Liability Company and consists of 29 lots. One Building will be constructed on one or more lots. Existing ownership can sell all lots. All 29 lots can have different ownership. Unified control shall be maintained through recorded covenants and restrictions, as well as the Development Standards established by the Outline Development Plan." 7. Exhibit B to the Ordinance zoning the property shall be made part of the Outline Development Plan to be recorded with the Jefferson County Clerk and Recorder. CAB arbara%CC R PTS\A N XZ98.3 CC. wpd City Council Page I I ANX-98-3/WZ-98-8 Resolution No. 1665 Series of 1995 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF 'A PARCEL OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3, SOUTH RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as 44" Industrial Park Parcel 1, and hereafter described in Exhibit A which is attached hereto and made part hereof, and WHEREAS, said petition was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public hearing as required by law to determine the eligibility for annexation of that property described in attached Exhibit A; and WHEREAS, public notice of such public hearing was given as required by law; and WHEREAS, the public hearing on said annexation was conducted in accordance with the requirements of the law; and WHEREAS, pursuant to C.R.S. Section 31-12-110, the City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, is required to set forth its findings of fact and its conclusion as to the eligibility of that property described in attached Exhibit A for annexation to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. A service plan for that area encompassing the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S. Section 31-12-105(1)(e). Section 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A is contiguous with the existing boundaries of the City of Wheat Ridge as required by law. Section 3. A community of interest exists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized in the near future. Section 4. The area proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section 5. The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof; b. No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the yeai next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; C., No proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation will not result in the detachment of the area from the school district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado.or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The property described on the attached Exhibit A is eligible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S. Section 31-12-104 and 31-12-105, as amended. Section 11. An ordinance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- Ill. RESOLVED AND PASSED this day of ATTEST: Wanda Sang, City Clerk 1993. Gretchen Cerveny, Mayor c\pl ann ing\romu\anncs\fi nd in gs. res EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRI14CIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S39'23'23"W A DISTANCE OF 200.00 FEET,-- THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG SAID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT. OF WAY OF WEST 44TH AVENUE. AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00°, A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83'46'40"E; THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET; THENCE, S89'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, S00'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, 589'23`23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,105.52 SQUARE FEET OR 22.57 ACRES, MORE OR INTRODUCED BY COUNCIL MEMBER n,it,P, Council Bill No. 11 Ordinance No. _ Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 1 OF THE 44" INDUSTRIAL PARK PROPERTY GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET IN JEFFERSON COUNTY. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City Council of the City of Wheat Ridge, Colorado, written petition for annexation to and by the City of Wheat Ridge, Colorado, of that property described in attached Exhibit A, being contiguous unincorporated territory contiguous to the City and situated, lying and being in the County of Jefferson, State of Colorado (the Property); and WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit B; and WHEREAS, the owners of more than fifty percent (50%) of the Property have petitioned for annexation; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has conducted a public hearing as required by law to determine the eligibility for annexation of the Property; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law and the annexation policy of the City of Wheat Ridge, Colorado. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-WHEAT RIDGE, COLORADO: Section I. The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, situated, lying and being in the County of Jefferson, State of Colorado, meets all requirements of law and the annexation policy of the City of Wheat Ridge, and therefore, and is hereby approved and.made effective. Section 2. Rezoning of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the City of Wheat Ridge. Section 3. The City Council hereby approves the Annexation Agreement which is attached as Exhibit C. Section 4. Upon the effective. date of this Ordinance the Property shall become subject to the laws of the State of Colorado pertaining to cities and to the Charter and all ordinances, resolutions, rules and regulations of the City of Wheat Ridge. Section 5. The City Clerk shall file for recording one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Secretary of the State of Colorado. Section 7. This annexation shall become effective upon the filing for recording of the certified copy of this Annexation Ordinance and the Annexation Map with the Clerk and Recorder for the County of Jefferson, State of Colorado, which filing for recording shall be accomplished no sooner than ninety (90) days from the date of adoption of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this13th day of April , 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage 'set for May 11 , 1998, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1998. SIGNED by the Mayor on this day of 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Published: Wheat Ridge Transcript IstPublication:. - April 17, 1998 2nd Publication: Ordinance No. Page 2 l; EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH. PRINCIPAL .MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THC EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET' THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALOrdf. Slab RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET: THENCE, DEPARJIN,~ FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80.00. FEET TO THE NORTHCRLY RIGHT, OF WAY OF WEST 44TH AVENUE. AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEE1AND A CHORD BEARING OF N83'46'40°E: THENCE, ALONG THE ARC OF SAID CURVC A DISTANCE OF 334.10 FEET; THENCE, S89'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, S00'05'46"E A DISTANCE OF 199.94 FEET;' THENCE. S64'20'29"W A DISTANCE OF 33.20 FEET: THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20: THENCE. ALONG SAID EAST-WEST CENTER SECTION LINE, S89'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONIAINING 983,105.52 SOUARE FEET OR.22.57.ACRES, MORE OR Is . J 3 Its 50_0:3i::SN_M ;!m[>if9xaral nca.lo~ arm_-.ray ' 6~ J A-0 4 1 W-1 . , 1 03_ _ {S- ' `JI 3 3]• a E 5 . x - ` I 3 _ • a•f,; }yf _ . ~ _ _ - a~ vy. Ti AM .1 c9 RE zI ll Q io A :1 - .Q o< OI ~ # .1r•Y~aR c~ 1a y a' .a G{ o > M ~o V ; Q 'Y 3 3 4 r/ ~a au ~:..wxJ L~ a 3^ 3 .~Sg o„1111,-sg = LJ i u ~ ,;43 1 v x I_ 3 y VI, } 3:3 a4 is ry'' 'te 1 a A' " C 1 < i i EXHIBIT "C" ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this day of 1995, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Tom Hartley or his assigns (hereinafter referred to as the "Landowner"). PARCEL I WITNESSETH Whereas, the City of Wheat Ridge, Colorado, is a Colorado home rule municipal corporation, possessing all of the powers and authorities granted to it pursuant to Article XX of the constitution of the State of Colorado, the Home Rule Charter of the City as adopted by the residents and electors of the city, and those State Statutes applicable to the City, which statutes include the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seg.; and Whereas, Tom Hartley is the Landowner of that certain real property which is identified in Exhibit A, which is attached hereto and expressly incorporated herein, which property is contiguous to the corporate boundaries of the City of Wheat Ridge, and which is eligible for annexation into the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowner of the property described in Exhibit A, wishes to have the same annexed into the City, subject to all of the terms and conditions set forth herein; and Whereas, the City and the Landowner wish to set forth in this Annexation Agreement all of the terms and conditions which shall be applicable to the annexation of said property into the boundaries of the City, and which shall, pursuant to the terms hereof,- govern certain aspects of the relations between the parties from and after the time of said annexation. NOW, THEREFORE, the parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows: Section 1: Agreement Reearding Zoning. The property described in Exhibit A shall be re-zoned by the Wheat Ridge City Council in accordance with the provisions of this paragraph. a. The property, which consists of 50 acres more or less, shall be zoned Planned Industrial Development (PID) with all permitted uses as listed in Exhibit B of the Ordinance zoning the property. Section 2: Roadwav Improvements. The Landowner agrees to the following roadway improvements associated with this annexation: 44" Industrial Annexation Agreement Page I Parcel l a. Prior to the issuance of building permits, but not including grading permits, a left turn lane for west-bound 44`h Avenue into the project entrance and accel/decel lanes for east-bound 44`h Avenue into the project entrance shall be constructed at the sole expense of the applicant. b. Should a fuel station and/or convenience store be proposed for any lot within the project area, a traffic study shall be prepared at the applicant's expense, which meets with the approval of the City's Director of Public Works, which study shall address the need for a signal at the intersection of the project's internal roadway and West 44`h Avenue. If a traffic signal is warranted, it shall be installed at the expense of the applicant and or subsequent owner/developer of said fuel station/convenience store lot prior to the issuance of building permits for said lot development. c. The applicant shall align the intersection of 44" Avenue and the interior roadway with the entrance to the Mount Olivet Cemetery. d. The applicant shall dedicate an additional 10 feet of right-of-way for 44" Avenue along the entire south side of 44`h Avenue adjacent to the subject properties. Said dedication shall occur at the time of recordation of a Final Plat for the project area. Section 3: Other Commitments. a. All comments and conditions of the City Public Works Department shall be met prior to recordation of the Final Plat. b. A four foot wide continuous sidewalk along the entire length and only on the north side of the interior roadway shall be constructed within the subdivision. C. Prior to recordation of the Final Plat, incorporation of a plat note stating that all buildings shall include a sprinkler system which meets the approval of the Fairmont Fire Protection District. d. The applicant shall meet all requirements of the Fairmont Fire Protection District including but not limited to the District's letter dated April 16, 1998. e. Prior to recordation of the Final Plat, incorporation of a plat note which states that no parking shall be permitted in the right-of-way of the interior roadway. Prior to recordation of the Final Plat, the applicant shall submit a commercial property owners association document which adequately addresses, a.) the maintenance of the open space, b.) the fencing adjacent to Highway 58, c.) the entry monument/signage adjacent to 44`h Avenue, and d.) the maintenance of the no parking signs. 9. Prior to the issuance of any building permits, the developer shall be required to install no parking signs along both sides of the interior roadway generally located 44'"Industrial Annexation Agreement Page 2 Parcel l adjacent to each side lot line. Exception to this shall be at the immediate comer of the interior roadway and 44`h Avenue. Maintenance of said signs shall be the responsibility of the commercial property owners association. h. The applicant shall be responsible for all public improvements. Said improvements shall meet the approval of the City's Public Works Director Section 4: Vested Rights. The Landowner agrees to waive any and all rights which have vested as to the annexed property prior to the date of annexation approval by the City Council of the City of Wheat Ridge. Section 5: Provision of Water and Sewer Services. The Landowner acknowledges and understands that the City of Wheat Ridge does not provide water and/or sewer services. The Landowner shall be solely responsible for obtaining such services through Colorado special districts, or by private contract, and acknowledges that the City has no responsibility whatsoever to provide said services. Section 6: Contingent Nature of Agreement. This Agreement is expressly contingent upon the fulfilling by both Landowner and the City of all actions which are necessary to annex all of the property described in Exhibit A. If the annexation of all of said property, subject to all of the terms and conditions of this Annexation Agreement, is not accomplished, the City shall be obligated to disconnect any portion of the property previously annexed into the City upon receipt of a written demand from the Landowner that said disconnection action take place. Section 7: Enforcement Remedies. a. The Landowner may enforce against the City through any equitable action, including the seeking of injunctive or mandatory injunctive relief, all of the provisions of paragraphs 1,2,3,4,5 and 6 hereof. b. Any Citywide ordinance which is not inconsistent with any of the provisions of paragraphs 1 and 2 above shall be applicable to and enforceable against the Landowner or his successor, in the same manner as the same are enforceable against any other property owner within the City. Section 8: Agreement to be Recorded. This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City Council. Section 9: Binding on Successors. This Annexation Agreement, and each and every provision thereof, shall be fully binding upon each of the parties hereto, as well as any heirs, successors, or assigns of either party. Section 10: Entire Agreement. This Annexation Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal 44" Industrial Annexation Agreement Page 3 Parcel I understandings which may have been reached between the parties prior to the execution hereof. Section 11: Amendment. This Annexation Agreement may be amended only upon a writing signed by each of the parties after proper and lawful approval thereof by the City Council of the City of Wheat Ridge or the Landowner. CITY OF WHEAT RIDGE, COLORADO a home rule municipal corporation ATTEST: WANDA SANG, CITY CLERK BY: APPROVED AS TO FORM: Gerald Dahl, City Attorney 44" Eldridge, LLC LANDOWNER Tom Hartley, Manager GRETCHEN CERVENY, MAYOR I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me this SEAL: day of , 1998. NOTARY PUBLIC My Commission Expires: 44' Industrial Annexation A-reement P-arcel 1 Page 4 EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT EROM WHENCE THE CAST OUARTER CORNER OF SAID SECTION 19 BEARS S$9"23'23"W A DISTANCE OF 200.00 FEET,- THENCE, N72'10'27"W A DISTANCE OF 109-.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG. SAID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET; THENCE, OCPARTING FROM SAID RIGHT OF WAY, N12'43'20"Vd A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT. OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THC RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEET A14D A CHORD BEARING OF N83'46'40"E: THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET: THENCE, 589'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, S00'05'46"E A DISTANCE OF 199.94 FEET:' THENCE, 564'20'29"W A DISTANCE OF 33.20 FEET; THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, 589'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT.OF BEGINNING, CONTAINING 983,105.52 SOUARE FEET OR 22.57 ACRES, MORE OR Resolution No. 1666 Series of 1993 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3, SOUTH RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as 44th Industrial Park Parcel 2, and hereafter described in Exhibit A which is attached hereto and made part hereof, and WHEREAS, said petition was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public hearing as required by law to determine the eligibility for annexation of that property described in attached Exhibit A; and WHEREAS, public notice of such public hearing was given as required by law; and WHEREAS, the public hearing on said annexation was conducted in accordance «ith the requirements of the law; and WHEREAS, pursuant to C.R.S. Section 31-12-110, the City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, is required to set forth its findings of fact and its conclusion as to the eligibility of that property described in attached Exhibit A for annexation to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. A service plan for that area encompassing the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S. Section 31-12-105(1)(e). Section 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A is contiguous with the existing boundaries of the City of Wheat Ridge as required by law. I Section 3. A community of interest exists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized in the near future. Section 4. The area proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section S. The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof; b. No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; C. No proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation will not result in the detachment of the area from the school . district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The. property described on the attached Exhibit A is eligible for annexation to the City of-Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S. Section 31-12-104 and 31-12-105, as amended. Section 11. An ordinance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- 111. RESOLVED AND PASSED this day of 1993. Gretchen Cerveny-, Mayor ATTEST: Wanda Sang, City Clerk Opl an n i ng\ro=Aan nc[\fi nd in gs.rcs EXHIBIT A LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, S89'23'23"W A DISTA14CE OF -200.00 FEET.TO SAID EAST QUARTER CORNER OF SAID SECTION .19; THENCE, ALONG THE EAST LINE OF SAID SECTION -19, S00'22'26"W A DISTANCE OF 275.38 FCET, THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET. THENCE. N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19: THENCE. ALONG SAID NORTH-SOUTH CENTER SECTION LINE. N00'08'43"W A DISTANCE OP 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE GF 44TI-I AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50", A RADIUS OF 995.00 FECT AND A CHORD BEARING OF N80'22'35"E; THCNCC, ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE. DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A. DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAID SCCTION 20 TO THE POINT OF .BEGINNING, C014TAINING 1,307,506.54 SOUARC FEET OR 30.02 ACRES. MORE OR LESS. t INTRODUCED BY COUNCIL MEMBER Council Bill No. 12 Ordinance No. _ Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY ICNOWN AS PARCEL 2 OF THE 44th INDUSTRIAL PARK PROPERTY GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET IN JEFFERSON COUNTY. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City Council of the City of Wheat Ridge, Colorado, written petition for annexation to and by the City of Wheat Ridge, Colorado, of that property described in attached Exhibit A, being contiguous unincorporated territory contiguous to the City and situated, lying and being in the County of Jefferson, State of Colorado (the Property); and WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit B; and WHEREAS, the owners of more than fifty percent (50%) of the Property have petitioned for annexation; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has conducted a public hearing as required by law to determine the eligibility for annexation of the Property; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law and the annexation policy of the City of Wheat Ridge, Colorado. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-WHEAT RIDGE, COLORADO: Section 1. The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, situated, lying and being in the County of Jefferson, State of Colorado, meets all requirements of law and the annexation policy of the City of Wheat Ridge, and therefore, and is hereby approved and made effective. Section 2. Rezoning of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the City of Wheat Ridge. - - Section 3. The City Council hereby approves the Annexation Agreement which is attached as Exhibit C. Section 4. Upon the effective date of this Ordinance the Property shall become subject to the laws of the State of Colorado pertaining to cities and to the Charter and all ordinances, resolutions, rules and regulations of the City of Wheat Ridge. Section 5. The City Clerk shall file for recording one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Secretary of the State of Colorado. Section 7. This annexation shall become effective upon the filing for recording of the certified copy of this Annexation Ordinance and the Annexation Map with the Clerk and Recorder for the County of Jefferson, State of Colorado, which filing for recording shall be accomplished no sooner than ninety (90) days from the date of adoption of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this I3thday of April 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May I1 , 1998, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1998. SIGNED by the Mayor on this day of 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Published: Ist Publication:. 2nd Publication: Wheat Ridge Transcript April 17, 1998 Ordinance No. Page 2 EXHIBIT A LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, 589'23'23"W A DISTANCE OF 300.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19: THENCE, ALONG THE EAST LINE OF SAID SECTION 19. S00'22'26"W A DISTANCE OF 275.38 FEET, THENCE. 587'15'49"W A DISTANCE OF 2456.00 FEET: THENCE. N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE. ALONG SAID NORTH-SOUTH CENTER SECTION LINE. N00'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50". A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35"E; THENCE, ALONG SAID ARC A DISTANCE OF. 107.62 FEET. THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAIL' SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SOUARE FEET OR 30.02 ACRES. MORE OR LESS. _ _ I. `:fbdIIbaCYnasnort'vrY2yµ _ I , i - ~ ~ _ _ - . r '•C`,. - I I -1'I I I I r -;aa - <':-i YCIIr=S2r TOM% flaynanTrIs BY ism j _ °D • _ - ~\11115. T o'... :.2:.1: flpo a . - Ca i3 a __3E °V Z io _o z Q uo SV a Q `on w a -W o Q ^x oa ..Q 3 r s v i 1 : . i } ? a T aa$' aa~o ~T:va T' In. wall 1 son- :°yi3 D i;i3= NOR .St t•K _ _ + x~z ax~as Lwva •(Y tIY//°~ ~ x l` x^ 3 C -axi:1 ~ _.TI y 3 p .a kl + 'Z 1 9.♦1 1 ~sy' I.. ~ Y ~ ~_-I bT &I! all x_.8 xI< .Rap II\. ;t_ 5~ c. a~• h_h ' `rl i 1= 1 `1 :/8 I =1 111 l a; 1 ~ 1 E9 I. ' pp ca 2 7 e+ z' t 1 xiz -a . 1/ uxx . a ; ff ~ J x (L ~ -XIL -r a~ LD -Y'•. YPIN es. s; x t+..K •1 1.:•+cxS EXHIBIT "C" ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this day of 1995, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Tom Hartley or his assigns (hereinafter referred to as the "Landowner"). PARCEL 2 WITNESSETH Whereas, the City of Wheat Ridge, Colorado, is a Colorado home rule municipal corporation, possessing all of the powers and authorities granted to it pursuant to Article XX of the constitution of the State of Colorado, the Home Rule Charter of the City as adopted by the residents and electors of the city, and those State Statutes applicable to the City, which statutes include the Municipal Annexation Act of 1965, C.R.S. C 31-12-101, et sue.; and Whereas, Tom Hartley is the Landowner of that certain real property which is identified in Exhibit A, which is attached hereto and expressly incorporated herein, which property is contiguous to the corporate boundaries of the City of Wheat Ridge, and which is eligible for annexation into the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowner of the property described in Exhibit A, wishes to have the same annexed into the City, subject to all of the terms and conditions set forth herein; and Whereas, the City and the Landowner wish to set forth in this Annexation Agreement all of the terms and conditions which shall be applicable to the annexation of said property into the boundaries of the City, and which shall, pursuant to the terms hereof, govern certain aspects of the relations between the parties from and after the time of said annexation. NOW, THEREFORE, the parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows: Section 1: Agreement Reeardine Zoning. The property described in Exhibit A shall be re-zoned by the Wheat Ridge City Council in accordance with the provisions of this paragraph. a. The property, which consists of 50 acres more or less, shall be zoned Planned Industrial Development (PID) with all permitted uses as listed in Exhibit B of the Ordinance zoning the property. Section 2: Roadway Improvements The Landowner agrees to the following roadway improvements associated with this annexation: 44' Industrial Annexation Agreement Page I Parcel2 - a. The applicant shall dedicate an additional 10 feet of right-of-way for 44" Avenue along the entire south side of 44" Avenue adjacent to the subject properties. Said dedication shall occur at the time of recordation of a Final Plat for the project area. Section 3: Other Commitments. a. All comments and conditions of the City Public Works Department shall be met prior to recordation of the Final Plat. b. A four foot wide continuous sidewalk along the entire length and only on the north side of the interior roadway shall be constructed within the subdivision. C. Prior to recordation of the Final Plat, incorporation of a plat note stating that all buildings shall include a sprinkler system which meets the approval of the Fairmont Fire Protection District. d. . The applicant shall meet all requirements of the Fairmont Fire Protection District including but not limited to the District's letter dated April 16, 1998. e. Prior to recordation of the Final Plat, incorporation of a plat note which states that no parking shall be permitted in the right-of-way of the interior roadway. f Prior to recordation of the Final Plat, the applicant shall submit a commercial property owners association document which adequately addresses, a.) the maintenance of the open space, b.) the fencing adjacent to Highway 58, c.) the entry monument/signage adjacent to 44'" Avenue, and d.) the maintenance of the no parking signs. g. Prior to the issuance of any building permits, the developer shall be required to install no parking signs along both sides of the interior roadway generally located adjacent to each side lot line. Exception to this shall be at the immediate comer of the interior roadway and 44" Avenue. Maintenance of said signs shall be the responsibility of the commercial property owners association. h. The applicant shall be responsible for all public improvements. Said improvements shall meet the approval of the City's Public Works Director. Section 4: Vested Riehts. The Landowner agrees to waive any and all rights which have vested as to the annexed property prior to the date of annexation approval by the City Council of the City of Wheat Ridge. Section 5: Provision of Water and Sewer Services. The Landowner acknowledges and understands that the City of Wheat Ridge does not provide water and/or sewer services. The Landowner sball.be solely responsible for obtaining such services through Colorado special 44''14ndustrial Annexation Agreement Page 2 Parcel 2 districts, or by private contract, and acknowledges that the City has no responsibility whatsoever to provide said services. Section 6: Contingent Nature of Agreement. This Agreement is expressly contingent upon the fulfilling by both Landowner and the City of all actions which are necessary to annex all of the property described in Exhibit A. If the annexation of all of said property, subject to all of the terms and conditions of this Annexation Agreement; is not accomplished, the City shall be obligated to disconnect any portion of the property previously annexed into the City upon receipt of a written demand from the Landowner that said disconnection action take place. Section 7: Enforcement Remedies. a. The Landowner may enforce against the City through any equitable action, including the seeking of injunctive or mandatory injunctive relief, all of the provisions of paragraphs 1,2,3,4,5 and 6 hereof. b. Any Citywide ordinance which is not inconsistent with any of the provisions of paragraphs 1 and 2 above shall be applicable to and enforceable against the Landowner or his successor, in the same manner as the same are enforceable against any other property owner within the City. Section 8: Agreement to be Recorded. This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City Council. Section 9: Binding on Successors. This Annexation Agreement, and each and every provision thereof, shall be fully binding upon each of the parties hereto, as well as any heirs, successors, or assigns of either party. Section 10: Entire Agreement. This Annexation Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal understandings which may have been reached between the parties prior to the execution hereof. 444' Industrial Annexation Agreement Page 3 Parcel 2 Section 11: Amendment. This Annexation Agreement may be amended only upon a writing signed by each of the parties after proper and lawful approval thereof by the City Council of the City of Wheat Ridge or the Landowner. CITY OF WHEAT RIDGE, COLORADO a home rule municipal corporation ATTEST: _ BY: WANDA SANG, CITY CLERK GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM: Gerald Dahl, City Attomey 44" Eldridge, LLC LANDOWNER Toni Hartley, Manager I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me this day of , 1993. NOTARY PUBLIC SEAL: My Commission Expires: C\Barbara%CCRPTS~AG REEMTS1Hard ey.%, pd 44"industrial Annexation Agreement Page 4 Parcel 2 EXHIBIT A LEGAL DESCRIPTION - PARCEL 2 PARCEL OF MERIDIAN, COUNTY O OF S JEFFERSON, STATE GOF69 6TH PRINCIPAL SECTIONS WEST OF TH COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, 589'23'23"W A DISTANCE OF ?00.00 FEET.TO SAID EAST QUARTER CORNER OF SAID SECTION .19; THENCE, ALONG THE EAST LINE OF SAID SECTION-19, S00'22'26"W A DISTANCE OF 275.38 FEET, THENCE. 587'15'49"W A DISTANCE OF 2456.00 FEET; THENCE, N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, ,400'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50'*. A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35" E; THENCE. ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A. DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SOUARE FEET OR. 30.02 ACRES. MORE OR LESS. INTRODUCED BY COUNCIL MEMBER nalhar Council Bill No. 13 Ordinance No. Series of 1998 AN ORDINANCE ZONING CERTAIN PROPERTY KNOWN AS 441h AVENUE INDUSTRIAL PARK PARCELS ONE AND TWO AND GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS PLANNED INDUSTRIAL DISTRICT (PID) PURSUANT TO SECTION 26- 6(C) OF THE WHEAT RIDGE CODE OF LAWS AND AMENDING THE ZONING ORDINANCE AND NIAP TO CONFORM THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Findinizs of Fact. (A) Application has been made for. zoning certain property described on attached Exhibit A, within the City of Wheat Ridge, Colorado, to Planned Industrial District (PID), as prescribed in Section 26-6(C) of the Wheat Ridge Code of Laws. (B) Public notice has been given of such zoning by one publication in the Wheat 'Ridge Transcript, a newspaper of general circulation within the City, and the official newspaper of the City, at least fifteen (15) days prior to the hearing of such zoning. (C) Written notice was sent by certified mail to all adjacent property owners and owners of the property under consideration, at least fifteen (15) days prior to the public hearing. (D) Notice of such proposed hearing was posted on the property for fifteen (15) consecutive days prior to said hearing. (E) A need,exists for zoning of this property Planned Industrial District (PID). Section 2. Thep r operty described in attached Exhibit A is hereby zoned Planned Industrial District (PID), subject to the conditions set forth below. (A) The property shall only be used as provided in Section 26-25 of the Wheat Ridge Code of Laws, except for any special considerations set out in the Annexation Agreement attached to the Annexation Ordinance. (B) Exhibit B lists the uses permitted on the property and is herewith made a pan of this Ordinance. Any proposed changes to the list of permitted uses shall be submitted to the Director of Planning and Development for his/her determination as to whether said changes can be incorporated through an administrative action or require an amendment to the Planned Industrial Development. (C) The Outline Development Plan is herewith made a part of this Ordinance as Exhibit `C' and shall be recorded with the Jefferson County Clerk and Recorder. Section 3. The zoning ordinance and zoning map of the City of Wheat Ridge, Colorado are hereby amended to conform with the zoning change to the property. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgement shall not affect application to other persons or circumstances. Section 6. This ordinance shall become effective fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of April 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 11 1998, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second an final reading by a vote of _ to this _ day or , 1998. Ordinance No. Page 2 SIGNED by the Mayor on this _ day of , 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda San„ City Clerk APPROVED AS TO FORM BY CITY ATTORNEY Gerald Dahl, City Attorney Published: Wheat Ridge Transcript lst Publication April 13, 1998 2nd Publication Ordinance No. Page 3 EXHIBIT A LEGAL DESCRIPTION A TRACT OF •LAND LOCATED IN THE EAST 1/2 OF SECTION 19 AND IN THE WEST 1/2 OF SECTION? 20, ALL IN TONNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.H., COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19, THENCE SOO°08'41"E, 35.28 FEET ALONG TEE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 44TH AVENUE CONVEYED TO JEFFERSON COUNTY-AS DESCRIBED IN WARRANTY DEED RECORDED IN 300K 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO,' AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY, 107.62 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID :JEST 44TH; AVENUE AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT OF TANGENT, SAID ARC HAVING A RADIUS OF 995.00 FEET, A CENTRAL ANGLE OF 6°11'50" AND BEING SUBTENDED, BY'A CHORD THAT BEARS N80022'35"E, 107.57 FEET; '__NCE N77016' 40"E, 3093.84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY, 315.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE 'ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING A' RADIUS OF 1392.50 FEET, A CENTRAL ANGLE OF 13000'00" A:ND BEING SUBTENDED BY A CHORD: -3nT BEARS N93046'40"E, 315.27 FEET; -:=NCE S35043'20"E, 530.82 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST ;?;i AVENUE TO THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20; _-'7-CE 500005'46"E, 119.94 FEET ALONG THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID: SEC•TICN 20. TO THE MOST NORTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE, DEsAR-:4EN OF HIGHWAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY DEED; R=COEOED IN BOOK 1859 AT PAGE 72 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO; -:iENCE S64020'29"'W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72; T _NCE S31024'20"W, 609.87 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND: AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72 TO THE EAST-WEST, CENTERLINE OF SAID SECTION 20: i =ENCE S99023'29"W, 971.10 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20: TO THE WI/4CORNER OF SAID SECTION 20; THENCE S00022'26"W, 275.38 FEET ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 20; TO THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OFj HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO AS DESCRIBED IN SPECIAL WARRANTY1 DEED RECORDED IN BOOK 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO THENCE S87015'49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS' DESCRIBED IN SAID BOOK 2177 AT PAGE.367; THENCE N76006'56"W, 199.73 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS: DESCRIBED IN SAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION. 19: THENCE N00008'41"W., 278.94 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19' TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. EXHIBIT B 44`h Industrial Park A) Statement of Proposed Zoning: The 44`h Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users. The rezoning request is from Jefferson County MC Zone (Mineral Conservation) to City of Wheat Ridge PID, Planned Industrial Development. B) Proposed Uses: ` Use Area 1 Permitted Uses: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally constructed building. 2) Wholesale sales, warehousing, including mini-warehouses (not to exceed a total land area of 2.2 acres), or storage of any commodity with the following exceptions: (a) No commercial explosives may be included. (b) Sales, warehousing, storage, collection of materials, including machinery or vehicles not in operating condition, may be permitted only if contained within a fully enclosed building. 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) for agriculture, mining, industry, business, transportation, building and other construction. 5) Repair, iental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. 6) Veterinary hospital. 7) One motor vehicle, gasoline filling station, car wash, and convenience store, not including such facilities and services for semi-tractor trailer trucks. Any use reasonably interpreted as a truck stop shall not be permitted. 8) All office uses, except banks and other financial institutions. . 9) Laboratory. 10) Research and development facility. 11) Micro-cell or repeater telecommunications facility. 12) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. 13) Accessory use of outdoor storage to principal building use shall be permitted on all lots outside buildings as long as the storage area is screened from public view and with a solid screen fence 6 feet high. No storage materials shall be allowed in front yard setbacks.. Storage areas need not be hidden from over-view from adjacent roads. No storage shall be over 6 feet in height except vehicle and equipment that are associated with the principal use of lot. 14) No outdoor firearm or gun range shall be permitted. 15) The repair and maintenance of motorized vehicles and associated accessory equipment. Said use shall be permitted only if contained within a fully enclosed building. If said use is associated with semi-tractor trailer trucks, not more than three trucks and/or trailers shall be parked outside. the building at any one time. City ordinances relative to vehicle idling and noise shall be adhered to. This permitted use is not applicable to Use Number 7 as previously listed. Use Area 1-A Permitted Uses (0.7 Ac. west of railroad track) 1) Parking, excluding semi-tractor trailer trucks. 2) Railroad access. 3) Accessory uses to existing contiguous property user to west. 4) No outdoor firearm or gun range shall be permitted. Use Area 2 Permitted Uses: 1) Open Space 2) Landscaping 3) Fencing, as may be necessary 4) Project entry monumentation 5) Vehicular access Use Area 3 Permitted Uses: -1) Designated native or natural open space (Use Area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed by the planting of native grasses '2 suited for this area. This area is bounded by Nest 44`~ Avenue southerly to the alignment of the Reno Ditch. C) Site Data Total Property Area Area 1 (Outline Development Plan) Maximum Building Coverage Maximum Building Height Landscape Coverage - minimum per lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parking Off street parking requirements will adhere to the following standards. 51.05 Acres . 39.5 Acres 45% 50 Ft. 10% 90% .45 FAR 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length; 12 feet in width and 15 feet in height. Area 1-A 0.7 Acres Maximum Building Coverage 45% Maximum Building Height 50 Ft. Landscape Coverage - minimum per lot 10% Total Lot Coverage by Structure, paving and storage 90% Gross Floor Area maximum .45 FAR Parking Off street parking requirements will adhere to the following standards: 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities . and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users foreach site, theirsite plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height Area 2 (Landscaping, Fencing and Signage only) 0.25 Acres Landscaping Coverage - 100% Maximum Sign Height 10 Feet Maximum Sign Face 80 Sq. Ft. Maximum Number of Sign Faces Minimum Sign Setback 8 Feet Notes: 1. Required comer vision triangle criteria of the City of Wheat Ridge shall be met. 2. Entry signage or monumentation shall be allowed to be lighted by either ground mounted . lighting or interior non-glare lighting. Area 3 Native/Natural Open Space D) Building Setbacks: Area I & Area 1-A Minimum Front Yard (Internal Street) 10.6 Acres 30 Feet Minimum Side Corner Lot 30 Feet Minimum Side Yard (Internal Lot) 10 Feet Minimum Rear Yard adjacent to street or highway 30 Feet Minimum Yard to Rear Property Line Fence Interior to Property 10 Feet Minimum setback for lots adjacent to 44° Avenue 50 Feet E) Parking Lot Setbacks Minimum Front Setbacks to any Parking Lot 10 Feet Minimum Side Setback for any Lot 5 Feet Minimum Rear Setback to Interior Lot 10 Feet F) Lot Access Vehicular access to all lots will be from internal streets except for Use Area 1-A west of the railroad tracks. G) Multiple Lot Ownership In case of multiple lot ownership by the same purchaser/owner, side setback and other related requirements as they wduld effect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H) . Open Space and Landscaping 1) The minimum percentage of landscaped area per lot shall be 10%, but not less than 67% of this 10% landscaped area shall occur in the front setback area to building. 2) Additional on lot landscaping may occur at owner's choice; 3) The following minimum sizes apply wherever landscaping is required: Deciduous shade trees 2 %2 caliper Evergreen trees 6 ` height Ornamental trees 1 %2 caliper Shrubs 5 gallon container 4) Maximum amount of high water consumption sod (i.e. Bluegrass) shall be 50% of landscaped area. 5) Two ornamental trees may be substituted for 1 deciduous shade tree, as required. 6) The.ratio of coniferous trees shall be 60%. -7) All other turf shall be a blend of grasses native to this area. 5 8) Other landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses. 9) Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. 10) Any one of the following techniques may be used to landscape areas adjacent to 44'h Avenue, (for only the length of development where lots are adjacent to 44" Avenue, - the entry.west to Reno Ditch) and interior street and parking areas on individual lots: (a) Within a minimum strip of 10 feet, provide shrubs at a spacing of 5 feet on center with a minimum of I evergreen tree every 20 feet of length of landscaping. (b) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of 1 evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. (c) Within a minimum width of 10 feet provide a 3 foot high opaque fence or wall. A minimum of I tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. 11) Landscape treatment on rear of lots that back up to State Highway 58. The entire length of Highway 58 shall have a 6 foot high black clad chain-link fence with 3 strand security barb wire on top. The landscape treatment along Highway 58 abutting adjacent lots in a 10 foot irrigated strip shall be: 1 evergreen tree (minimum 6 foot height) and 3 evergreen shrubs (minimum 5 gal. size) every 25 lineal feet. 12) Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. 13) Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plan. Such areas shall be deemed to include the subject property and that portion of any adjacent public street right of way, from the property line to the back of the adjacent curb. 14) Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the-same or similar type asset forth above. Substitutions with other types of plant material may be made only with City approval. Replacement shall occur within one growing season. 15) Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads, sidewalks and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept clean and free of any obstacles. I) Sienaoe Unless otherwise noted in other areas of these regulations all signage shall be in accordance with Section 26-401 of the Wheat Ridge Code of Laws. J) Lighting All exterior lighting shall be in accordance with Section 26-30(S) of the Wheat Ridge Code of Laws. K) Architectural Treatment - Buildinsz Fronts The architecture will be of wood, wood beams, and masonry (stone), metal, tiltup concrete and stucco. Colors and textures will be natural and earth tones. 7 CITY COUNCIL MINUTES: APRIL 13, 1998 Page -4- C. Council Bill 13 - An Ordinance zoning certain property known as 44th Avenue Industrial Park Parcels 1 and 2 and generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street within the City of Wheat Ridge, Colorado,-as Planned Industrial District (PID) Pursuant to Section 26-6 (c) of the Wheat Ridge Code of Laws and amending the zoning ordinance and map to__conform therewith. (Case No. Wz-98-8) Council Bills 11, 12, and 13 were introduced on first reading by Mrs. Dalbec; titles and summary read by the Clerk. Alan White was sworn in by the Mayor and handed out a revised Exhibit B that goes with the ordinance to rezone the property; attached to that is the Outline Development Plan. Motion by Mrs. Dalbec that Council Bill 11 be approved on first reading, ordered published, public hearing be set for Monday, May 11, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Dalbec that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, May 11, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Dalbec that Council Bill 13 be approved on first reading, ordered published, public hearing be set for Monday, May 11, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, with the following changes: Under Section 2. (A) Section 26-19 should read 26-25; and to accept the amended Exhibit B; and that language concerning truck stops not being allowed, be added; it take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. The :y of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 WH 6Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 UT ✓ idge April 17, 1998 Dear Property Owner: This is to inform you that Case Nos. ANX-98-3 and WZ=98-8 which are requests for approval to annex into the City of Wheat Ridge and zone the property located at approximately 13500 W. 44th Avenue (generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) and known as the 44th Industrial Park as a PID (Planned Industrial Development) will be heard by the Wheat Ridge City Council on May 11, 1998, at 7:00 p.m. in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. All owners and/or their legal counsel of the parcel under consideration must be present at the above mentioned hearing. As an area resident or interested party, you have the right to attend the Public Hearing and/or submit written comments. If you are an adjacent property owner, you have the right to file a legal protest against these applications which would require a 3/4th majority vote of City Council to approve the request. It shall be the applicant's responsibility to notify any other person whose presence is desired at these hearings. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\CCRPTS\PUBNOTIC\anx983-wz9882nd reading.wpd co RECYCLED PAPER 71 ie City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax # 234-5924 March 23, 1998 Dear Property Owner: Police Dept. Fax # 235-2949 Wheat Ridge This is to inform you that Case Nos. ANX-98-3 and WZ-98-8 'which are requests for approval to annex into the City of Wheat Ridge and zone the property located at approximately 13500 W. 44th Avenue (generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) and known as the 44th Industrial Park as a PID (Planned Industrial Development) will be heard by the Wheat Ridge City Council on April 13, 1998, at 7:00 p.m. and the Planning Commission on April 16, 1998, at 7:30 p.m. Both hearings will be held in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. All owners and/or their legal counsel of the parcel under consideration must be present at the above mentioned hearings. As an area resident or interested party, you have the right to attend these Public Hearing and/or submit written comments. If you are an adjacent property owner, you have the right to file a legal protest against these applications which would require a 3/4th majority vote of City Council to approve the request. It shall be the applicant's responsibility to notify any other person whose presence is desired at these hearings. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. eApl arming\fonns\pubnotic.wpd CO 14ECYCLED PAPER homeowners who were concerned that they had not received notification of the February meeting. He stated that none of the homeowners were opposed to the playground. Nancy Degenhart Representing Helen Newdorp 10251 West 44th Avenue 8-104 Ms. Degenhart was sworn by Chair THOMPSON. She stated that she was representing her mother, Helen Newdorp, who was concerned about the use of the playground during times the school was not in operation. She stated that, after hearing testimony, she was satisfied that it would not. It was moved by Commissioner BRINKMAN and seconded by Commissioner SHOCKLEY that Case No. CUP-98-1, a request for approval of a Conditional Use Permit for a Montessori School playground at 10351 West 44th Avenue be APPROVED for the following reasons: The criteria used to evaluate a Conditional Use permit supports approval of the request; and Staff recommends approval. With the following condition: The limited power of attorney letter be renewed to contain a much later expiration date than April 1, 1998. The motion passed by a vote of 6 to 1, with Commissioner GOKEY voting no; and Commissioner THEANDER absent. (Chair THOMPSON declared a recess at 8:50 p.m. The meeting was reconvened at 9:00 p.m.) B. Case No. ANX-98-3 and.Case No. WZ-98-8s An application from Tom Hartley for approval of an annexation of the area approximately located at 13500 West 44th Avenue in the county of Jefferson and initial zoning of the area to PID. The case was presented by Martin Omer who stated that the applicant was requesting annexation to the City of Wheat Ridge of approximately 51 acres of undeveloped land located in Jefferson County. He informed that the applicant has requested zoning of Planned Industrial District with a provision for two acres of commercial/retail land use. Planning Commission Page 5 04/!6/98 Mr. Omer presented an overview of the case. He informed that the Colorado Department of Transportation property adjacent to the area in question would not be a part of the annexation; however, the road leading into the CDOT maintenance facility was a part of the application. The single access into the proposed industrial park would be built according to City standards, dedicated to the City and would be aligned with the. Mt. Olivet Cemetery driveway. Mr. Omer informed that it was staffs conclusion that the annexation is in compliance with the City's Three Mile Plan. He stated that staff had reviewed the plan for setbacks, heights of buildings, landscaping and parking criteria and concluded that the plan was generally similar to the City's light industrial zone criteria. He presented an additional condition of approval that was not contained in the staff report which would require a minimum setback of fifty feet from any buildings on 44th Avenue, rather than the thirty feet presently contained in the zoning requirements. He informed that the applicant was in agreement with this condition. Mr. Omer reviewed results of agency referrals as well as a neighborhood meeting conducted by staff in conjunction with the applicant. He reviewed staffs findings which supported recommendation for approval of the annexation. In conclusion, he informed that staff recommended approval; that all notification and posting requirements had been met; and therefore, there was jurisdiction to hear the case. Discussion followed. Chair THOMPSON expressed concern about the possibility of semi- tractor trailer storage, expansion of the semi-truck stop, or semi-truck repair business occurring in the light industrial park, Commissioner SNOW expressed concern about the high percentage of blue grass contained in landscaping plan as well as the impact of the Tabor Amendment on revenue generated by the industrial park. Commissioner THOMPSON expressed concern about having only one fire access point. Mr. Omer explained that the Fire Department placed a stipulation on its approval of the single access to require all buildings to be equipped with fire sprinklers. Commissioner BRINKMAN expressed concern about communication towers being placed on the highest elevation of the property. Tom Hartley 22001 Golden Gate Canyon, Golden Mr. Hartley was sworn by Chair THOMPSON. He stated that he was the applicant for the Phoning Commission 04/16/98 annexation and rezoning. He informed that the property is planned to be developed as light industrial with the exception of a parcel in the northeastern portion of the property next to the access road which would be a possible retail site for a convenience store and gas station. Mr. Hartley stated that there have never been plans for any truck stop related activities; however, as an industrial park there would be semi's serving various businesses in the park. He informed that the road was designed to accommodate semi-tractor trailers and featured a cul-de-sac at the end which would allow the trucks to turn around without having to back up. He addressed traffic impact at the park entrance and informed that the entrance would be designed according to recommendations of the traffic consultant. He noted that the road would be widened and have one lane for Mt. Olivet traffic, one for the industrial park, and one center lane for through traffic. Mr. Hartley responded to concerns about fire access and informed that the buildings will be required to have sprinkler systems because of the extreme difficulty in constructing another access into the park. He stated that the communication tower could be eliminated from the highest portion of the property. He also noted that gravel on the property had been mined and removed over thirty years ago. Commissioner BRINKMAN requested that no firearms sales or gun ranges be allowed on the property. Mr. Hartley replied that those uses had never been considered for the property. Chair THOMPSON asked if there were any.individuals present who wished to address the Commission. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to recommend that the City Cougcil APPROVE Case No. ANX-98-3, annexing to the City of Wheat Ridge unincorporated territory known as 44th Industrial Park, Parcel 1, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit "A" for the following reasons: The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the city to gain regulatory control of the development and usage of the subject property. With the following conditions: Planning Commission Page 7 04/16/98 The City Council shall call an election to ask the voters to decide whether the City can keep additional revenues generated by development on the annexed property. Should the southwest corner of 44th Avenue and the interior roadway be developed as a retail or commercial use, the property owner shall have prepared a traffic impact analysis acceptable to the City Department of Public Works which addresses the need for a traffic signal at said intersection. If a signal is warranted, the full cost of said signal implementation, being purchase and installation of the signal, shall be bome by the property owner. The motion carried by a vote of 7-0, with Commissioner THEANDER absent., It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to recommend that the City Council APPROVE Case No. ANX-98-3, annexing to the City of Wheat Ridge unincorporated territory known as 44th Industrial Park, Parcel 2, generally located south of 44th Avenue, north of highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit "A" for the following reasons: The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. (Chair THOMPSON declared a recess at 10:30 p.m.. The meeting was reconvened at 10:40 P.M-) Commissioner SNOW moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-8, an ordinance zoning certain property known as 44th Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44th Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons. The proposed zoning is consistent with the City's rezoning criteria. It would allow the planned and orderly development of the properties. Planning Commission Page 8 04/16/98 There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following conditions: The list of permitted land uses shall be restricted to those contained in Exhibit B with the following corrections: A. Page one, item 7 would be amended to read as follows: "A motor vehicle service station, gasoline filling station, car wash and convenience store, not including such facilities and services for semi-tractor trailers." B. Page 2: Omit item no. 13 and renumber item no. 14 to item no. 13. C. Page 2 under Use Area 1-A: Item no. 1 would be amended to read as follows: "Parking, excluding semi-tractor trailers. D. Page 2 under Use Area 1-A: Item no. 4 would be amended to read as follows: "Micro-cell or repeater Telecommunications Facility." E. Page 3 Parkin : Item no. 2 would be amended to read as follows: "retail or wholesale areas, gas stations, motor vehicle repair facilities and similar uses, not including such facilities and services for semi-tractor trailers...." F. Page 5: Building Setbacks Area 1 & Area 1-A would be amended to add "Minimum Front Setback from 44th Avenue - 50 feet" G. Page 5: Item "g" would be amended to read as follows: "In case of multiple lot ownership by the same purchaser/owner, side setback and other related requirements as they would affect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H. Page 6, item no. 6: The word "ration" would be corrected to read "ratio". I. Page 6: Item no. 7 would be amended to read: "All other turf shall be a blend of grasses native to this area." J. Page 6: Item no. 8 would be amended to read: "Other landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses." K. Page 7, item no. 14: The last line would be amended to change the word "County" to "City." Planning Commission Page 9 04/16/98 2. The applicant/owner shall be solely responsible for all public improvements as listed in Exhibit C. Said improvements shall meet the approval of the City's Public Works Director. 3. All requirements of the City of Wheat Ridge Department of Public Works as listed herein shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. Commissioner BRINKMAN offered an amendment to the motion that the words "as listed in Exhibit C" be omitted from Condition No. 2. The amendment was accepted by Commissioner SNOW. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. Mr. Hartley asked for clarification about semi-tractor trailer repair, stating that an industrial park, by necessity, would require some maintenance of semi-tractor trailers involved with the businesses in the park. He reiterated that he did not want to have a truck-stop in the development. Commissioner SNOW requested the Planning Director to review the final motions to ascertain if Mr. Hartley's concerns are addressed and, if not, those concerns could be dealt with during the City Council hearing. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS A. Nuisance Issue - Chair THOMPSON stated that she has received complaints about the house on property located at 42nd and Xenon and requested that staff investigate to determine if this property can be addressed under the public nuisance ordinance. B. Emergency Telephone Notification System - Chair THOMPSON expressed concern about possible abuses of this system and requested that staff investigate methods to safeguard the citizenry against abuse by unauthorized persons. Planning Commission Page 10 04/16/98 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO`. Planning Commission DATE OF MEETING: April 16, 1998 DATE PREPARED: April 8, 1998 n y/~ CASE NO. & NAME. ANX-98 3,WZ=g8=8f CASE MANAGER: Martin Orner ACTION REQUESTED: Approval of annexations and zoning. LOCATION: Generally Located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County with approximate address of 13500 West 44th Avenue APPLICANT(S): Tom Hartley OWNER(S): 44 Eldridge LLC c/o Tom Hartley 12345 West Alameda Avenue, Lakewood, Colorado 80228 APPROXIMATE AREA: Combined total of approximately 51 acres PRESENT ZONING: County Zoning: Agricultural Two and Mineral Conservation PRESENT LAND USE: Undeveloped land SURROUNDING ZONING: North: Planned Development and Agricultural Two (County) South: Highway 58, then Planned Development and Agricultural Two (County) East: Agricultural One (City) West: Planned Development (County) SURROUNDING LAND USE: North: Cemetery South: Highway 58, then undeveloped East: Department of Transportation maintenance yard, Interstate 70, then commercial, industrial and residential West: Eldridge Street, then commercial and industrial COMPREHENSIVE PLAN FOR THE AREA: North Plains Community Plan: Retail, Office and Industrial DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE SUBDIVISION REGULATIONS 0 OTHER March 27, 1998 March 31, 1998 March 23,1998 (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXHIBITS JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST This is an annexation and zoning request for property located directly adjacent to the City of Wheat Ridge approximately located at 13500 West 44" Avenue. The request is for two parcels of property being considered for annexation with corresponding Case Number ANX-98-3. Should the annexations be approved, the parcels could then be zoned with one action, being Case Nos. WZ-98-8. In anticipating development of his land, the property owner previously submitted to the County an application to zone the property for industrial land uses. The County Planning Commission recommended approval with conditions to the Board of County Commissioners. Upon learning of this action, and after determining that the impacts from the development of the property, predominantly traffic and day time population generation, would largely be upon the City and services therein, City staff initiated discussions with the property owner to explore the opportunity of annexation of the property to the City. The property owner was agreeable to the. annexation, and the concept was brought before the City Council which unanimously approved a non-binding referendum to encourage the property owner to proceed with the annexation. Case No. ANX-98-3 relates to two parcels, with a combined area of approximately 51 acres. Due to State of Colorado requirements for contiguity of land being annexed, the subject property has been divided into two parcels, Parcel 1 and Parcel 2. These parcels are the subject of this Annexation Case No. ANX- 98-3. The entire property is currently undeveloped and is zoned Mineral Conservation by the County which permits mineral and resource mining of the land. Exhibit `A' is the legal description of the properties proposed for annexation. Case No. WZ-98-8 is for the zoning of the property to Planned Industrial Development (PID) for land uses similar to although somewhat more restrictive than those proposed to the County. Exhibit `C' is the legal description of the properties proposed for zoning. Exhibit `B' is the proposed list of permitted land uses for the property. Planning Department staff believes that annexing and zoning the property as proposed will best serve the interests of the City in the following ways: 1. The City receives the regulatory authority over proposed land uses on the property. 2. The City receives the regulatory control over quality of construction and landscaping of the property. 3. The City's Police Department receives the ability to police the property. 4. The City receives an economic benefit of the property development which will offset the cost of wear and tear incurred by the development on City infrastructure. II. NEIGHBORHOOD MEETING A neighborhood meeting was held on April 7, 1998. The following persons attended: Martin Omer - Planning staff Tom Hartley - owner Tom Duffy - owner's real estate agent Phyllis Lewis - 4475 Eldridge Street - neighbor to the subject property The following items were discussed: ♦ Circulation plan for 44`h Avenue, access to the property and the internal roadway ♦ Internal roadway realignment with the Mount Olivet Cemetery driveway and associated traffic signal ♦ Design regulations being proposed within the PID to promote a degree of architectural uniformity of new buildings ♦ The number and configuration of the lots proposed for the subdivision. ♦ Time frame for the land development and the anticipated completion of all new construction III. CRITERIA FOR EVALUATION ANNEXATION: The Wheat Ridge Code of Laws does not contain criteria for review of an annexation, but State of Colorado statutes provide criteria for eligibility for annexations. These criteria are: Not less than one-sixth of the perimeter of the area is contiguous with the boundary of the annexing municipality. 2. That a community of interest exists between the annexing area and the annexing municipality. 3. The annexing area is urban or will be urban in the near future. 4. The annexing area is integrated with or capable of being integrated with the annexing municipality. 5. It is necessary and desirable to annex the property. State statutes also state that meeting the requirement of contiguity "shall be a basis for a finding of compliance with these requirements, unless the governing body finds that at least two of the following are shown to exist:" Less than 50% of the residents of the area to be annexed make use of part or all of the following facilities . of the municipality: recreational, civic, social, religious, industrial, or commercial; or less than 25% of the area's adult residents are employed in the municipality. 2. One-half or more of the land to be annexed is agricultural. 3. It is not physically practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. Other than the contiguity requirement, these criteria are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because the City is already providing services to businesses and residents directly east of the subject, properties. Development of the property as proposed by the applicant is considered to be urban level development. It is reasonable to assume that future users of the developed property will make use of the City's commercial facilities and road infrastructure. State statutes also require that a plan for the area extending three miles from the City's boundaries be in place. The City Council has adopted the Jefferson County North Plains Community Plan, with modifications, as the City's Three Mile Plan. That plan shows the area under consideration for annexation as retail, office and industrial use. Annexation is a policy decision which rests more on the question of whether the City should annex an area considering the positive and negative aspects of the annexation than on set criteria. In other words, do the costs of providing services to the annexing area balance with the revenues anticipated? Can services be provided in a cost effective manner if nearby development is also served? Is the annexation a logical extension of the City's boundaries and service provision capabilities? Are there other benefits or circumstances of annexing that outweigh these considerations? The conclusion of this staff report reflects staff's belief that ample criteria and findings exist to show the City should annex the subject property. ZONING: Exhibit `C' is the legal description of the property proposed for zoning. Staff has the following comments regarding the criteria used to evaluate a zone change or approval. 1. That the zoning 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 City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed land use of Planned Industrial is in conformance with the North Plains. Community Plan designation of retail, office and industrial land uses. The existing Jefferson County zoning is Mineral Conservation and Agricultural Two. Staff s findings are similar to the County Planning Department's findings in that: a. The proposal will act as a transitional component between the uses occurring to the north and south. b. The 10 acre area to be reserved as native vegetation directly adjacent to and south of 44" Avenue will minimize the impact of the development on the surrounding area. C. No known commercial mineral deposits exist upon the subject property. d. The proposal includes criteria for project landscaping and lighting which are similar to or higher quality than those of the County and those typical of the City light industrial zone. e. The proposal includes criteria for building setbacks which are similar to the typical setback criteria found in the City, with the exception of proposed front setbacks. The applicant proposes minimum front setbacks for buildings facing the project's internal roadway of 30 feet where the standard City front setback is 50 feet. Staff supports the applicant's proposal since the internal roadway will primarily serve project users, and will therefore not create a visual impact on other City residents. Proposed criteria for setbacks,.landscaping and lighting are found in Exhibit B. The proposal includes specific permitted land uses which are more restrictive thanthose proposed to the County and also more restrictive than those typical of the City's light industrial zone district. Staff supports the Applicant's anticipated land uses, which are fully described in Exhibit B. 2. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property is bordered on the south by Highway 58 and on the east by Interstate 70, both roadways effectively separate the subject property from land uses further to the south and east. Mount Olivet Cemetery is north of the subject property which land use is not considered incompatible to the proposed Planned Industrial Development. The property is bordered on the west by a commercial/industrial transportation business, with which the proposed PID is considered compatible. That therewill be social, recreational, physical and/or economic benefits to the community derived by the zoning. The following benefits to the community will be achieved as a result of the proposed annexation and zoning: a. Economic benefits. The City will collect all applicable taxes generated by the development. b. Physical benefits. The City will gain regulatory control of land uses allowed on the property. c. Social benefits. The land would be within the City's Police Department jurisdiction. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by thezoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. The developer of the property will be required to construct roadway improvements associated with this development, as well as any site specific drainage facilities. 5. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. The applicant has agreed to install development related public improvements designed to mitigate any possible negative impacts to the public, specifically a deceleration lane and a left turn lane on 44' Avenue, as well as site specific drainage facilities. Specifics regarding the roadway improvements can be found in the Annexation Agreement which is part of this package. Additionally, the applicant has agreed to dedicate an additional 10 feet of right-of-way for the south side of 44" Avenue in anticipation of possible future road improvement needs. 6. That the property cannot reasonably be developed under the existing zoning conditions. Development of the property as a planned light industrial park would require rezoning the property from Mineral Conservation. The County Planning Department has stated that no commercial mineral deposits exist upon the subject property. Therefore, the zone designation of Planned Industrial Development, along with corresponding land uses, furthers the determination that PID zoning is appropriate for the property. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The Planned Industrial Development zoning will allow the reasonable development of the property in conformity with the City's Three Mile Plan. 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. The Planning Department concurs with the applicant that there is a significant demand for planned light industrial development in this area. Staff believes that the subject location is appropriate for said development in that the development will not negatively impact adjacent land uses or property owners. IV. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Department of Public Works Department: a. Please change document title to "Annexation Plat No. 9, and Annexation Plat No. 10". The City is currently working on other annexations and would like to maintain consistency in naming for filing purposes. b. Please add symbol to legend for found quarter corners. C. Please identify corners as "N 1/4 corner Sec. 19", etc. Add L.S. number that is on cap. Provide monument records for Section 19. d. Please provide a vicinity map. e. Recording stamp should be for Clerk and Recorder. f. The statute reference in the surveyor certificate is for definitions of monument survey. 9. The monument identifies as "SE 1/4 Sec. 19" is a witness corner along the line between Sections 29 and 30. h. Please delete the reference to Parcel 2 from the first plat. i. The Wheat Ridge boundary goes 25.06' north of right-of-way on West 44" Avenue at east end of Parcel I. j. The monument identified as C-W 1/16 Sec. 20 shown measurements would be to 1/4 comer. k. Please show percent contiguity in perimeter data. 1. Please clarify why you are showing a temporary construction easement from 1991. Is it still in effect? in. Please clarify your witness comer reference, perhaps with a detail. NOTE: 2. 1. The City has a data base and coordinates for all section comers within the City. We will require that these bearings fit our coordinate base. Please call our office for this information. 2. Please return all red-lined prints with the second submittal. Prospect Recreation District: a. In a letter dated April 2, 1998, the Recreation district expressed its concern that the loss of taxation authority over the subject property or any property currently within the District, would jeopardize the economic viability of the District. In a previous letter to the Recreation District dated March 11, 1998, Wheat Ridge Director of Planning and Development Director, Alan White, advised that leaving the subject properties within. the District after the completion of the property's annexation to the City would create a situation of overlapping services and taxation on the property. The Planning and Development Director requested that the Recreation District boundaries be revised to exclude the properties which are the subject of the annexation action, which request remains unchanged: Responding Without Concerns: Scientific and Cultural Facilities District North Table Mountain Water and Sanitation District City of Wheat Ridge Police Department Notified But Not Responding: Fairmont Fire Protection District Jefferson County Planning Department Public Service Company U.S. West Communications State Land Use Commission State Geological Survey Colorado Department of Transportation Wheat Ridge Forestry Division Urban Drainage and Flood Control Dist. Metro Wastewater Reclamation Dist. V. STAFF RECOMMENDATION: Colorado Division of Wildlife Jeffco Health Department Jeffco Schools Jeffco County Commissioners TCI of Colorado Wheat Ridge Post Office Wheat Ridge Park and Rec. Commission Wheat Ridge Building Division Regional Transportation District Denver Metro. Major League Baseball Dist. Staff concludes that the proposed annexation meets the state criteria for annexation eligibility, is a logical extension of the City's boundaries, is able to be served by and is in the best interest of the City. Staff also finds that a similar albeit somewhat less restrictive zoning proposal was recommended for approval by the County Planning Department and the County Planning Commission. Therefore, staff recommends approval of the annexation. Staff concludes that the proposed zoning of the property to Planned Industrial Development meets the corresponding City criteria and the proposed land uses are considered appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends approval of the zoning change with. associated conditions of approval. VI. RECOMMENDED MOTIONS ANNEXATIONS 1. "I move to recommend that the City Council APPROVE Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44" Industrial Park, Parcel 1, generally located south of 44`h Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44"Avenue, County of Jefferson, as legally described in Exhibit A" for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property." . "I move to recommend that the City Council APPROVE Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44" Industrial Park, Parcel 2, generally located south of 44" Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44' Avenue, County of Jefferson, as legally described in Exhibit A" for the following reasons: The annexation meets the state criteria for annexation eligibility. The annexation will be a logical extension of the City's boundaries. The annexation will allow the City to gain regulatory control of the development and usage of the subject property." "I move to recommend that the City Council DENY Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44'" Industrial Park, Parcel 1, generally located south of 44' Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44" Avenue, County of Jefferson, as legally described in Exhibit A for the following reasons: 1. 2. 3.". "I move to recommend that the City Council DENY Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 44" Industrial Park, Parcel 2, generally located south of 44'Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44" Avenue, County of Jefferson, as legally described in Exhibit A" for the following reasons. 1. 2. 3." ZONING 1. "I move to recommend that the City Council APPROVE Case No. WZ-98-8, An ordinance zoning certain property known as 44`h Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44rb Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and intelligent development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following conditions: 1. The list of permitted land uses shall be restricted to those contained in Exhibit B. 2. The applicant/owner shall be solely responsible for all public improvements as listed in Exhibit C. Said improvements shall meet the approval of the City's Public Works Director. 3. All requirements of the City of Wheat Ridge Department of Public Works as listed herein shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits." 2. "1 move to recommend that the City Council DENY Case No. WZ-98-8, An ordinance zoning certain property known as 44" Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44" Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons: 1. 2. 3." 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C 40 SITES ; T' il~J~ ~i I_ t 1 ~ Q • J VICINITY MAP SCALE: 1" = 2000' I& - N EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST.QUARTER CORNER OF SAID-SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG SAID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12-43'20"W A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83'46'40"E; THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET; THENCE, S89'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, SOO'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, 531'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, 589'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,105.52 SQUARE FEET OR 22.57 ACRES, MORE OR LEGAL DESCRIPTION - PARCEL 2 PARCEL OF THE OF LAND IN 6TH PRINCIPAL MERIDIAN. COUNTY OOOFSJEFFERSON. STATE RANGE 69 WEST OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS 589'23'23"W A DISTANCE OF 200.00 FEET; THENCE, S89'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION 19, SOO'22'26"W A DISTANCE OF 275.38. FEET, THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET; THENCE, N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, N00'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF. 06'11'50", A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35"E; THENCE, ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING WAY, BOUNDARY. DISOTANCEDOFI1093.17 FEET,AANNDGTO TDHEWEAST-WREST CENTER SE_CTIONILLINE'OFA SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. EXHIBIT B a) Statement of Proposed Zoning: The 44' Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson. County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users. The rezoning request is from Jefferson County MC Zone (Mineral Conservation) to City of Wheat Ridge PID, Planned Industrial District, and is accompanied by and attached to the request for annexation. b) Proposed Uses: Use Area I Permitted Uses: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally, constructed building. 2) Wholesale sales, warehousing, including mini-warehouses (not to exceed a total land area of 2.2 acres), or storage of any commodity with the following exceptions: (a) No commercial explosives may be included. (b) Sa!es, warehousing, storage, collection of materials, including machinery or vehicles not in operating condition, may be permitted only if contained within a fully enclosed building. 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) for agriculture, mining, industry, business, transportation, building and other construction. 5) Repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. 6) Veterinary hospital 7) A motor vehicle service station, gasoline filling station, car wash, and convenience store. 8) All office uses, except banks and other financial institutions. 9) Laboratory. 10) Research and development facility. 11) Micro-cell or repeater telecommunications facility. 12) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. 13) Other similar industrial uses which are not more detrimental to the highest and best use of land in this district than the permitted uses listed above, subject to Planning Directors interpretation, with appeals to Planning Commission and City Council. 14) Accessory use of outdoor storage to principal building use shall be permitted on all lots, outside buildings as long as the storage area is screened from public view and with a solid screen fence 6 feet high. No storage materials shall be allowed in front yard setbacks. Storage areas need not be hidden from over view from adjacent roads. No storage shall be over 6 feet in height except vehicle and equipment that are associated with the principal use of lot. Use Area 1-A (0.7 Ac. west of railroad track) 1) Parking 2) Railroad access 3) Accessory uses to existing contiguous property user to west. 4) .Micro-cell repeater Telecommunications Facility. 5) All uses permitted in Use Area 1. Use Area 2 Permitted Uses: 1) Open Space 2) Landscaping 3) Fencing, as may be necessary 4) Project entry monumentation 5) Vehicular access 2 Use Area 3 Permitted Uses: I) Designated native or natural open space (Use Area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed by the planting of native grasses suited for this area. This area is bounded by West 44" Avenue southerly to the alignment of the Reno Ditch. C) Site Data Total Property Area Area 1 (Outline Development Plan) Maximum Building Coverage Maximum Building Height Landscape Coverage - minimum per_lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parking Off street parking requirements will adhere to the following standards. 51.05 Acres 39.5 Acres 45% 50 Ft. 10% 90% .45 FAR 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: I space for each 200 square feet of office, and I space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and I space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. 3 Area 1-A Maximum Building Coverage Maximum Building Height- -Landscape Coverage - minimum per lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parkin Off street parking requirements will adhere to the following standards. 0.7 Acres 45% 50 Ft. 10% 90% .45 FAR 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. Area 2 (Landscaping, Fencing and Signage only) Landscaping Coverage Maximum Sign Height Maximum Sign Face Maximum Number of Sign Faces Minimum Sign Setback 0.25 Acres 100% 10 Feet 80 Sq. Ft. 2 8 Feet 4 Notes: d) e) g) 1. Required comer vision triangle criteria of the City of Wheat Ridge shall be met. 2. -Entry signage or monumentation shall be allowed to be lighted by either ground mounted lighting or interior non-glare lighting. Area 3 Native/Natural Open Space 10.6 Acres Building Setbacks: Area 1 & Area I-A Minimum Front Yard (Internal Street) 30 Feet Minimum Side Comer Lot 30 Feet Minimum Side Yard (Internal Lot) 10 Feet Minimum Rear Yard adjacent to street or highway 30 Feet Minimum Yard to Rear Property Line Fence Interior to Property 10 Feet Parking Lot Setbacks Minimum Front Setbacks to any Parking Lot 10 Feet .Minimum Side Setback for any Lot 5 Feet Minimum Rear Setback to Interior Lot 10 Feet Lot Access Vehicular access to all lots will be from internal streets except for Use Area 1-A west of the railroad tracks. Multiple Lot Ownership In case of multiple lot ownership by the same purchaser/owner, setback and other related requirements as they would effect interior lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. 5 h) Open Space and Landscaping 1) The minimum percentage of landscaped area per lot shall be 10%, but not less than 676/o of this 10% landscaped area shall occur in the front setback area to building. 2) Additional on lot landscaping may occur at owner's choice. 3) The following minimum sizes apply wherever landscaping is required: Deciduous shade trees 2 %2 caliper Evergreen trees 6 ` height Ornamental trees I %2 caliper Shrubs 5 gallon container 4) Maximum amount ofhigh water consumption sod (i.e. Bluegrass shall be 50% of . landscaped area. 5) Two ornamental trees may be substituted for 1 deciduous shade tree, as required 6) The ration of coniferous trees shall be 60% 7) All turf shall be a blend of grasses native to this area. 8) The landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses. 9) Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. 10) Any one of the following techniques may be used to landscape areas adjacent to 44'" Avenue, (for only the length of development where lots are adjacent to 44" Avenue, - the entry west to Reno Ditch) and interior street and parking areas on individual lots: (a) Within a minimum strip of 10 feet, provide shrubs at a spacing of 5 feet on center with a minimum of 1 evergreen tree every 20 feet of length of landscaping. (b) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of I evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. 6 (c) Within a minimum width of 10 feet provide a 3 foot high opaque fence or wall. Am inimum of I tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. I IYLandscape treatment on rear of lots that back. up to State Highway 58. The entire length of highway 58 shall have a 6 foot high black clad chainlink fence with 3 strand security barb wire on top. The landscape treatment along Highway 58 abutting adjacent lots in a 10 foot irrigated strip shall be: 1 evergreen tree (minimum 6 foot height) and 3 evergreen shrubs (minimum 5 gal. size) every 25 lineal feet. 12) Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. 13) Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plan Such areas shall be deemed to include the subject property and that portion of any adjacent public street right of way, from the property line to the back of the adjacent curb. 14) Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same or similar type as set forth above. Substitutions with other types of plant material may be made only with County approval. Replacement shall occur within one growing season. 15) Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept clean and free of any obstacles. i) Si na e Unless otherwise noted in. other areas of these regulations all signage shall be in accordance with Section 26-401 of the Wheat Ridge Code of Laws. j) Lighting All exterior lighting shall be in accordance with Section 26-30(S) of the Wheat Ridge Code of Laws. k) Architectural Treatment - Building Fronts The architecture will be of wood, wood beams, and masonry (stone), metal, tiltup concrete and stucco. Colors and textures will be natural and earth tones. 7 EXHIBIT C LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 19 AND IN THE HEST 1/2 OF SECTION' 20, ALL IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19, THENCE S00008'41"E, 35.26 FEET ALONG THE-NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 44TH AVENUE CONVEYED TO JEFFERSON COUNTYAS DESCRIBED IN WARRANTY DEED RECORDED; IN BOOK 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO,' AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY, 107.62 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT OF TANGENT, SAID. ARC HAVING A RADIUS OF 995.00 FEET', A CENTRAL ANGLE OF 6011'50" AND BEING SUBTENDED BY*A CHORD THAT BEARS N80022'3.5"E, 107.57 FEET; THENCE N77016'40"E, 3093.84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST, 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY, 315.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING. ARADIUS OF 1392.50 FEET, A CENTRAL ANGLE OF 13000'00" AND BEING SUBTENDED BY A CHORD THAT BEARS N83046'40"E,315.27 FEET; .r.ENCE S89043'20"E, 530.82 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 447H AVENUE TO THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20; HENCE S00005'46"E, 119.94 FEET ALONG THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20 TO THE MOST NORTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY DEED: RECORDED IN BOOK 1859 AT PAGE 72 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO; _iENCE 564020'29"W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72; THENCE S3i024'20"W, 609.87 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND, AS DESCRIBED IN SAID BOOK 1659 AT PAGE 72 TO THE EAST-WEST CENTERLINE OF SAID SECTION' 20; i THENCE S99023'29"W, 971.10 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20: TO THE W1/4 CORNER OF SAID SECTION 20; THENCE S00022'26"W, 275.38 FEET ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 20, TO THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OFD HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO AS DESCRIBED IN SPECIAL WARRANTYI DEED RECORDED IN BOOK 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO;' THENCE S87015'49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS{ DESCRIBED IN SAID BOOK.2177 AT PAGE.367; THENCE N76006'56"W, 199.73 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS; DESCRIBED IN SAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION; 19; THENCE N00008'41"W, 278.94 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19` TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. 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 April 16,1998, 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: 1. Case No. ANX-98-3 and WZ-98-8: An application to annexation and zone property from Jefferson County into the City of Wheat Ridge zoned PID for property known as 44`h Industrial Park. Barbara Delgadillo, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: March 27, 1998 e1p1mning\forms\phn.fm 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 March 23, 1998 Ridge The Wheat Ridge Department of Community Development has received a request for annexation and zoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April 8. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX-98-3/WZ-98-8 LOCATION: 13500 W. 44th Avenue/44th Industrial Park (Generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) REQUESTED ACTION: Annex into the City of Wheat Ridge and zone the property PID (Planned Industrial District) APPROXIMATE AREA: 50 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO. If "NO", please explain below. 2. Are service lines available to the development? YES_ NO_ If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO. If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES 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 reply to: Martin Omer: 235-1854 Department of Planning & Development DISTRIBUTION X Water District (North Table Mountain) X Sanitation District (North Table Mountain) X Fire District (Fairmount) X Adjacent City (County Planning) X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Jeffco Health Department X Jeffco Schools X Jeffco Commissioners X TCI of Colorado X 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 WHEAT RIDGE Building Division The City' of Wheat "The Carnation City" e:\p1mning\fofms\agenduef fm